235 



vessels by colonial legislation, a practical construction was given to the 

 first article of the convention, in accordance with the obvious pur- 

 port of its terms, and settHng its meaning as understood by the United 

 States. 



"The undersigned avails himself of this opportunity to tender to Lord 

 Aberdeen the assurance of his distinguished consideration." 



Lord Aberdeen did not reply to Mr. Everett's letter until the 15th of 

 April, 1844. In his answer of that date, which follows, it will be seen 

 that his lordship decHned to enter into a defence of the course adopted 

 by Nova Scotia ; aud that he confined himself to the seizure of the 

 Washington, and to an argument upon the term "bay" as used in the 

 convention. It will be seen, also, that he justified the detention of the 

 Washington on the ground, solely, that she '• was found fishing within 

 the Bay of Fundy." He says :* 



" The note which Mr. Everett, Envoy Extraordinary and Minister 

 Plenipotentiary of the United States of America, addressed to the un- 

 dersigned, her Majesty's Principal Secretary of State for Foreign Affairs, 

 on the 10th of August last, respecting the seizure of the American fish- 

 ing vessel Washington, by the officers of Nova Scotia, having been duly 

 referred to the Colonial Office, and by that office to the governor of Nova 

 Scotia, the undersigned has now the honor to communicate to Mr. Ev- 

 erett the result of those references. 



" The complaint which Mr. Everett submits to her Majesty's govern- 

 ment is, that, contrary to the express stipulations of the convention con- 

 cluded on the 20th of October, 1818, between Great Britain and the 

 United States, an American fishing vessel was seized by the British 

 authorities for fishing in the Bay of Fundy, where Mr. Everett affirms 

 that, by the treaty, American vessels have a right to fish, provided 

 they are at a greater distance than three marine miles from the coast. 



"Mr. Everett, in submitting this case, does not cite the words of the 

 treaty, but states, in general terms, that by the first article of said treaty 

 the United States renounce any liberty heretofore enjoyed or claimed 

 by their inhabitants, to take, dr}-, or cure fish, on or within three 

 miles of any of the coasts of any Majesty's dominions in Amer- 

 ica. Upon reference, however, to the words of the treaty, it will be 

 seen that American vessels have no right to fish, and indeed are ex- 

 pressly debarred from fishing, in any bay on the coast of Nova Scotia. 



"The words of the treaty of October, 1818, article 1, run thus : 'And 

 the United States hereby renounce forever any liberty heretofore en- 

 joyed or claimed by the inhabitants thereof, to take, dry, or cure fish, 

 on or loithin three marine miles of any of the coasts, bays, creeks, or har- 

 bors of his Britannic Majesty's dominions in America, not included 

 within the above-mentioned limits, [that is, Newfoundland, Labrador, 

 and other parts separate from Nova Scotia :] provided, however, that 

 the American fishermen shall be admitted to enter such bays or harbors 

 for the purpose of shelter,' &c. 



"It is thus clearly provided that American fishermen shall not take 

 fish within three marine miles of any bay of Nova Scotia, &c. If the 



** Executive Document 100, page 122. 



