143 



" It woiilil a))i.car, tliiit by a .■-tri(;t and rigid costructioii of tliis Avticlf (1st Article of Convention 

 of 1818),fiRliin,';; vessels of tlii^ Tnilcd Status aru precluded from entering intotln! bays or iiarliours of the 

 TU-itish Provinces, {!.\cp])t for the ]iur]ioses of .slicltei', repairing damages, and olitiiining wood and 

 water. A bay, as is usually understood, is an arm or recess of tlu; sea entering from tbe ocean 

 lietween capes oi' heaiilaiids ; tnuf thr Unn w nppliiil rijii"l/i/ (o smrtll oml, Idn/c. tivii.i nf I'-nlc,- tliu.i 

 situnM It if; coninion to sjicak of IFudson's Day, or tlie liay of I'iscay, ali.liougli tliey arc ^ery large 

 tracts of water. 



"The Uritisli authorities insist that ICnglanil has ii right to di'uw a line fromlieadland tolieadland. 

 and to ca]jtnie all American lishcrnien who may follow their iiursuits inside of that line. It wrv 

 !/n(^?f/it/)^(//v «// (KVcs/./A^ in tile Convention of 18] cS to make so largi; a concession to Englaml, since 

 the United Slates had usually considered that those vast inhits, or recesses of ihe ocean, ought to be 

 open to Anu'rican lishermen c.s ficely as the .sea itself, to within three miles of the shore." 



Had this laiij:;iia!;<' been used by so f>reat ami ox|)crienced ;i stat.csiiiiiii as 

 Mr. Webster, in any ordinary dcdiale, it would bc> (cstimoiiy of the most weij^lity 

 character apjaiiist tlie views put Ibrtli on tills sidijeet in tlio Answer of the United 

 States. Uut wlien it is borne in mind that Mr. Webster used these words in his 

 oHiciul capacity as Secretary ol' State, tiiey must be considered as conchisive. 



Mr. Kush, who ne£;dtia(cd tlic Treaty of ISIS, in a letter to Secretary Marcy, 

 dated IStli July, lH,j3, says. — 



"These are the decisive words in cair laMiui'. They mean no more than that uwv lishenuen, whilst 

 lishing in the waters of the liny of Fundy, shouhl not '.'n ni'ari'r than lliiee uiilcs to any of tliosc snadl 

 inner liays, creeks, or harbours which are known to imlenl the eoasls of Xova Scotia and Xew ]inm.s- 

 wick. To suii)josc they wereliouml tn keep tlirce miles nil' from a line drawn IVnm headland tn headland 

 on the e.xtrcna' outside limits of that bay- -a line which might measure lifty miles i^r mere, aecunlini; to 

 the manner of drawing or i.aagining it — would be a most unnalinal su]i]insilion. 



" Similar reasons apjily to all other large bays and gulfs. Jn signing the 'J'realy, \\e beiiev(,'d 

 that we retained ihe right of fishing in the .sea, whether called a bay, gulf, or by v.halever name 

 designated. Cur lislao-men M'ci'e M'aiting for the word, not oi' (•.■ielusion, but of adn:issiuii inibesi' In-';," 

 outer bays or gidl's." 



Tills reasoning of .Air. Rush evades tlie {juest'on. He admils the rii^lit ol' 

 exclusion from some bays, but can oidy say as to larger i)ays (not definins;" or even 

 describing what he means by larger bays) that it is not to be supposed the right of 

 fishing in them would be signed away by the Ameiieau negotiators, a supj)ositioii, 

 however, wiilcii, it appears, iMr. Webster and other American statesmen did 

 entertain and express. 



Senator Soule, in the Senate, August .O, 1852, referring to the words of 

 Mr. Webster, already cited, said : — 



" Is Kngland ri!:rht ? If we ti'ust the Secretary of Stale, in the view which he lakes of her claims, 

 it would seem as if the ti'rms of the letter of the Treaty were on her sid(\ This Ab'. AV(0)st<>r 

 ]ieremi)torily admits, while others but debate it u])on mere technicalities of language." 



After quoting from AVebster, Senator Soule continued : — 



"Here Jie whole is surrendered ; there is no escape from the admission. It was an oversight to 

 make so large a concession to England! The concession was then made, was it not? If so, the 

 <lis]iute is at an end ; and yet it Mere a hard task to .jiistity the .sunnnary process through which 

 Kngland has sought to comjiel us to coni)iliance with tlu- concession, particularly as .she bad, Itisay 

 the least of it, .suffered our tishermen to haunt the Hay of Fundy, by express allowance in IS44. " 



On August 12, 1852, Senator Butler, though expressing a desire to make further 

 inquiries Into the subject, said : — 



" We cannot go beyond the Tre;ily of J8J8 ; and that is, \Vhat is a British bay >. AVhat is one of 

 the bays and harbours of Great ]5ritaiu ?" 



And after speaking of the clear concessions to American fishermen, on some ol 

 the coasts, bays, Stc, of Newfoundland, Senator Butler adds : — 



" Hut .so far as regiirds the bays of Nova Scotia and New jirunswiek, we have im right under the 

 terms of the Treaty to iish in them if they can be regardiid as Ihilish bays." 



On August 14, I8.'32, Senator Seward, answering the members of the Senate 

 who had criticised the passage above quoted from Mr, Webster, said : — 



" 1 cannot assent to the I'orce of the argument of the hon(analile Senator IVom Louisiana I am the 

 'more inclined to go against it, bec^nise I think it is getting preltv lale in the da\ to find the Seerelarv 

 [280] ' ' ' X -J ■ 



