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the communication of the undersigned of the 15th of May last, on the 

 case of the ' Washington,' and the construction given by the govern- 

 ment of the United States to the convention of 1818, relative to the 

 right of fishing on the coasts of Nova Scotia and New Brunswick. 



" Lord Aberdeen acquaints the undersigned, that, after the most de- 

 liberate reconsideration of the subject, and with every desire to do fuU 

 justice to the United States and to view the claims put forward on be- 

 half of their citizens in the most favorable light, her Majesty's govern- 

 ment are nevertheless still constrained to deny the right of citizens of 

 the United States, under the treaty of 1818, to fish in that part of the 

 Bay of Fundy which from its geographical position may pioperly be 

 considered as included within the British possessions ; and also to main- 

 tain that, with regard to the other bays on the British American coasts, 

 no United States fisherman has, under that convention, the right to fish 

 within three miles of the entrance of such bay, as designated by aline 

 drawn from headland to headland at that entrance. 



"Lord Aberdeen, however, informs the undersigned that, although 

 continuing to maintain these positions as a matter of right, her Majesty's 

 government are not insensible to the advantages which might accrue 

 to both countries from a relaxation in its exercise ; that the}^ are anx- 

 ious, while upholding the just claims of the British crown, to evince 

 by every reasonable concession their desire to act liberally and ami- 

 cably towards the United States ; and that her Majesty's government 

 have accordingly come to the deteimination ' to relax in favor of the 

 United States fishermen the right which Great Britain has hitherto ex- 

 ercised of excluding those fishermen from the British portion of the 

 Bay of Fundy, and are prepared to direct their colonial authorities to 

 allow, henceforward, the United States fishermen to pursue their avo- 

 cations in any part of the Bay of Fundy, provided they do not ap- 

 proach, except in the cases specified in the treaty of 1818, within three 

 miles of the entrance of any bay on the coast of Nova Scotia or New 

 Brunswick.' 



" The undersigned receives with great satisfaction this communica- 

 tion from Lord Aberdeen, which promises the permanent removal of a 

 fruitful cause of disagreement between the two countries, in reference 

 to a valuable portion of the fisheries in question. The government of 

 the United States, the undersigned is persuaded, will duly appreciate 

 the friendly motives which have led to the determination on the part of 

 her Majesty's government announced in Lord Aberdeen's note, and 

 which he doubts not will have the natural effect of acts of liberality 

 between powerful states, of producing benefits to both parties, beyond 

 any immediate interest which may be favorably affected. 



" While he desires, however, without reserve, to express his sense 

 of the amicable disposition evinced by her Majesty's government on 

 this occasion in relaxing in favor of the United States the exercise of 

 what, after deliberate consideration, fortified by high legal authority, 

 is deemed an unquestioned right of her Majesty's government, the un- 

 dersigned would be unfaithful to his duty did he omit to remark to 

 Lord Aberdeen that no arguments have at any time been adduced 

 to shake the confidence of the government of the United States in their 

 own construction of the treaty. While they have ever been prepared 



