236 



treaty was intended to stipulate simply that American fishermen should 

 not take fish within three miles of" the coast of Nova Scotia, Sec, there 

 was no occasion for using the word ^bay^ at all. But the proviso at the 

 end of the article shows that the word 'bay' was used designedly ; for 

 it is expressly stated in that proviso, that under certain circumstances 

 the American fishermen may enter bays, by which it is evidently meant 

 that they may, under those circumstances, pass the sea-line which forms 

 the entrance of the bay. The undersigned apprehends that this con- 

 struction will be admitted by Mr. Everett. 



" That the Washington was found fishing within the Bay of Fundy, 

 is, the undersigned believes, an admitted fact, and she was seized ac- 

 cordingly." 



It is possible that the contents of Lord Aberdeen's letter were imme- 

 diately communicated to Lord Falkland, since the latter, a few weeks 

 after its date, issued a proclamation charging all officers of the customs, 

 the sheriflfs, and other officials of Nova Scotia, to be vigilant in en- 

 forcing the provision of several recited acts of the imperial and pro- 

 vincial legislatures, and the stipulations of the convention with the Uni- 

 ted States, relative to illicit fishing within certain distance of the coasts, 

 bays, and harbors of British America. Mr. Everett again addressed the 

 British minister on the 25th May, 1844, in a state paper which, for 

 spirit, dignity, and force of argument, is a model.* It is here inserted 

 entire : 



" The undersigned, Envoy Extraordinary and Minister Plenipoten- 

 tiary of the United States of America, had the honor duly to receive 

 the note of the 15th of April, addressed to him by the Earl of Aber- 

 deen, her Majesty's Principal Secretary of State for Foreign Affiiirs, in 

 reply to the note of the undersigned of the 10th of August last, relative 

 to the seizure of the American vessel the Washington, for having been 

 found fishing within the limits of the Bay of Fundy. 



" The note of the undersio;ned of the 10th of Auijust last, although 

 Its immediate occasion was the seizure of the Washington, contained a 

 reference to the correspondence between Mr. Stevenson and Viscount 

 Palmerston on the subject of former complaints of the American gov- 

 ernment of the manner in which the fishing vessels of the United States 

 had, in several ways, been interfered with by the provincial authorities, 

 in contravention, as is believed, of the treaty of October, ISIS, between 

 the two countries. Lord Aberdeen's attention was particularly invited 

 to the fact that no answer as yet had been returned to Mr. Stevenson's 

 note to Lord Palmerston, of 27th March, 1841, the receipt of which, 

 and its reference to the Colonial Department, were announced by a 

 note of Lord Palmerston of the 2d of April. The undersigned further 

 observed that, on the 28th of the same month, Lord Palmerston ac- 

 quainted Mr. Stevenson that his lordship had been advised liom the 

 Colonial Office that ' copies of the papers received from Mr. Steven- 

 son would be furnished to Lord Falkland, with instructions to inquire 

 into the allegations contained therein, and to furnish a detailed report on 

 the subject ;' but tliat there was not found on the files of this legation 

 any further communication from Lord Palmerston on the subject. 



* Executive Document No. 100, page 123. 



