6 COMMISSION OF CONSERVATION 



etc., irrespective of the width at the mouth. The United States, on the 

 other hand, contended that the 'line of exclusion' followed the sinu- 

 osities of the coast, except that in bays, it was to be drawn from headland 

 to headland when the distance apart did not exceed six miles. For inaiiy 

 years, the English interpretation had been accepted by the Americans. 

 Thus, in 1852, Mr. Webster admitted that "by a strict and rigid construc- 

 tion of this Article [Art. I, Treaty of 1818], fishing vessels of the United 

 States are precluded from entering into bays and harbours of the British 

 Provinces, except for the purpose of obtaining shelter, repairing damages 

 and obtaining wood and water. A bay, as is usually understood, is an 

 arm or recess of the sea entering from the ocean between capes and head- 

 lands ; and the term is applied equally to small and large tracts of water 

 thus situated. It is common to speak of Hudson's Bay or the Bay of 

 Biscay, although they are very large tracts of water." 



The headland doctrine was formally challenged by the United States 

 in 1843, and followed by much diplomatic correspondence. In 1845, 

 Lord Aberdeen informed Mr. Everett that the headland rule would be 

 relaxed so far as the main body of the bay of Fundy was concerned. 

 This concession, once made, it was never possible to regain and, but 

 for the strong remonstrances of the Governments of Nova Scotia and New 

 Brunswick, the Home Government would have made the same conces- 

 sions with reference to all other "bays of which the mouths were more 

 than six miles wide." 



In the case of the Washington, which was referred to the Claims 

 Commission appointed under the Convention of Feb. 8, 1853, the umpire 

 gave the casting vote in favour of the United States contention "that 

 the bay of Fundy is not a British bay nor a 'bay' within the meaning of 

 the word used in the Treaties of 1783 and 1818." The umpire, Mr. Bates, 

 was a junior member in an American branch of an English banking 

 house and was chosen by lot. "It would have been absurd that either 

 country should have been willing to accept the decision of Mr. Bates on 

 a question of international law, as to the rights of either, or as to any 

 interpretation of a treaty." 



Reciprocity From 1839 to 1854, numerous seizures were made. To 



Treaty of 1854 adjust the points of diflference between the two nations, 

 the British Government, in 1854, sent Lord Elgin to tlie United 

 States and, in the same year, he concluded a treaty in relation to the fish- 

 eries and to commerce and navigation. The first article of this treaty, 

 commonly known as the Reciprocity Treaty of 1854, conceded to United 

 States fishermen "the liberty to take fish of every kind, except shell-fish, 

 on the seacoasts and shores, and in the bays, harbours, and creeks of 

 Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the 



