172 THE ARGUMENT OF THE UNITED STATES. 



which American vessels are excluded. By this interpretation the fish- 

 ermen of the United States would be shut out from the waters dis- 

 tant, not three, but thirty miles from any part of the colonial coast. 

 The undersigned cannot perceive that any assignable object of the 

 restriction imposed by the convention of 1818 on the fishing privilege 

 accorded to the citizens of the United States by the treaty of 1783 

 requires such a latitude of construction. 



It is obvious that (by the terms of the treaty) the farthest distance 

 to which fishing vessels of the United States are obliged to hold them- 

 selves from the colonial coasts and bays, is three miles. But, owing 

 to the peculiar configuration of these coasts, there is a succession of 

 bays indenting the shores both of New Brunswick and Nova Scotia, 

 within the Bay of Fundy. The vessels of the United States have a 

 general right to approach all the bays in Her Majesty's colonial do- 

 minions, within any distance not less than three miles a privilege 

 from the enjoyment of which they will be wholly excluded in this 

 part of the coast, if the broad arm of the sea which flows up between 

 New Brunswick and Nova Scotia, is itself to be considered one of the 

 forbidden bays. 



Lastly and this consideration seems to put the matter beyond 

 doubt the construction set up by Her Majesty's colonial authorities, 

 would altogether nullify another, and that a most important stipu- 

 lation of the treaty, about which there is no controversy, viz: the 

 privilege reserved to American fishing vessels of taking shelter and 

 repairing damages in the bays within which they are forbidden to 

 fish. There is of course, no shelter nor means of repairing damages 

 for a vessel entering the Bay of Fundy, in itself considered. It is 

 necessary, before relief or succor of any kind can be had, to traverse 

 that broad arm of the sea and reach the bays and harbors, properly 

 so called, which indent the coast, and which are no doubt the bays 

 and harbors referred to in the convention of 1818. The privilege of 

 entering the latter in extremity of weather, reserved by the treaty, 

 is of the utmost importance. It enables the fishermen, whose equip- 

 age is always very slender (that of the Washington was four men all 

 told) to pursue his laborious occupation with comparative safety, in 

 the assurance that in one of the sudden and dangerous changes of 

 weather so frequent and so terrible on this iron bound coast, he can 

 take shelter in a neighboring and friendly port. To forbid him to 

 approach within thirty miles of that port, except for shelter in ex- 

 tremity of weather, is to forbid him to resort there for that purpose. 

 It is keeping him, at such a distance at sea as wholly to destroy the 

 value of the privilege expressly reserved. 



In fact, it would follow, if the construction contended for by the 

 British colonial authorities were sustained, that two entirely differ- 

 ent limitations would exist in reference to the right of shelter pre- 

 served to American vessels on the shores of Her Majesty's colonial 

 possessions. They would be allowed to fish within three miles of the 

 place of shelter along the greater part of the coast; while in refer- 

 ence to the entire extent of shore within the Bay of Fundy, they 

 would be wholly prohibited from fishing along the coast, and would 

 be kept at a distance of twenty or thirty miles from any place of 

 refuge in case of extremity. There are certainly no obvious prin- 

 ciples which render such a construction probable. 



