1909.] ATLANTIC FISHERIES QUESTION. 331 



That such was the understanding of our negotiators is rendered clear by 

 the terms they employ in their report upon this subject. They say: "It is in 

 that point of view that the privilege of entering the ports for shelter is useful," 

 etc. Here the word " ports " is used as a descriptive word, embracing both 

 the bays and harbors within which shelter may be legally sought, and shows 

 the kind of bays contemplated by our framers of the treaty. And it is not 

 a little curious that the Legislature of Nova Scotia have applied the same 

 meaning to a similar term. An Act of that Province was passed March 12, 

 1836, with this title : " An act relating to the fisheries in the Province of Nova 

 Scotia and the coasts and harbors thereof," which act recognizes the conven- 

 tion, and provides for its execution under the authority of an imperial statute. 

 It declares that harbors shall include bays, ports, and creeks. Nothing can 

 show more clearly their opinion of the nature of the shelter secured to the 

 American fishermen.^' 



In 1853 America and Great Britain agreed to a convention, 

 whereby a settlement of all claims by citizens or corporations of 

 either country against the other should be referred to a mixed 

 commission, composed of two commissioners, one for each nation.-^ . 

 In every case where the commissioners could not agree the con-' 

 vention provided that they should refer it to an umpire. In that 

 way the claims arising out of the seizures by the Canadian authori- 

 ties in 1843 of tl^^ American fishing vessel, W ashing ton,^^ while fish- 

 ing in the Bay of Fundy, ten miles from shore, and in 1844 oi the 

 American schooner, Argus, "'^ on St. Ann's Bank, twenty-eight miles 

 from the nearest land, were referred for settlement to the umpire, 

 Mr. Bates, an American by birth, residing in England where he was 

 a member of the banking house of Baring. In both cases he 

 awarded damages to the American owners, on the ground that in 

 neither case were the American vessels fishing in contravention of 

 the convention of 1818. 



With the object of amicably adjusting the various controversial 

 points that had arisen under the interpretation of the convention of 

 1818, the British government in 1854 sent Lord Elgin to America to 



""Congressional Globe," 32d Congress, ist Session, Appendix, Washing- 

 ton, 1852, p. 895. 



^ " Treaties and Conventions concluded between the United States of 

 America and other Powers since July 4, 1776," Washington, 1889, p. 415. 



^ Senate Executive Document, No. 103, 34th Congress, ist Session, Wash- 

 ington, 1856, p. 184. 



^"Senate Executive Document, No. 113, soth Congress, ist Session, Wash- 

 ington, 1888, p. 59. 



