472 CORRESPONDENCE, ETC. 



For a full understanding of the whole question involved I would 

 particularly point your attention to the instructions of this depart- 

 ment to Mr. Stevenson, Nos. 71 and 89, of the respective dates of 

 April 17, 1840, and February 20, 1841, and to the several despatches 

 addressed bv that minister to the Secretary of State, numbered 97, 

 99, 108, 120 'and 124, during the years 1840 and 1841. 



I need not remark upon the importance to the negotiating interests 

 of the United States of having a proper construction put upon the 

 first article of the convention of 1818 by the parties to it. That 

 which has hitherto obtained is believed to be the correct one. The 

 obvious necessity of an authoritative intervention to put an end to 

 proceedings on the part of the British colonial authorities, alike con- 

 flicting with their conventional obligations and ruinous to the for- 

 tunes and subversive of the rights of an enterprising and deserving 

 class of our fellow citizens, is too apparent to allow this government 

 to doubt that the government of her Britannic Majesty will take ef- 

 ficient steps for the purpose. The President's confident expectation 

 of an early and satisfactory adjustment of these difficulties is grounded 

 upon his reliance on the sense of justice of the Queen's government, 

 and on the fact that from the j'ear 1818, the date of the convention, 

 until some years after the enactment of the provincial law out of 

 which these troubles have arisen a practical construction has been 

 given to the first article of that instrument which is firmly relied on 

 as settling its meaning in favor of the rights of American citizens as 

 claimed by the United States. 



I have, therefore, to request that you will present this subject again 

 to the consideration of her Majesty's government by addressing a note 

 to the British Secretary of State for Foreign Affairs, reminding him 

 that the letter of Mr. Stevenson to Lord Palmerston remains un- 

 answered, and informing him of the anxious desire of the President 

 that proper means should be taken to prevent the possibility of a 

 recurrence of any like cause of complaint. 



I am, sir, with great respect, your obedient servant, 



A. P. Upshub. 



Edward Everett, Esq., &c, &c, &c. 



[Inclosure.] 



Mr. Winthrop to Mr. Legare. 



Boston, May 23, 1843. 

 Sir : I transmit herewith a memorial of the owner of an American 

 fishing vessel which has, within a few days past, been seized by the 

 authorities of Nova Scotia for an alleged violation of treaty stipula- 

 tions. I learn that many of the fishing vessels of this State would be 

 liable to seizure under the construction which has been adopted by the 

 British authorities in the present instance. The early attention of 

 our government to the subject is therefore earnestly desired by those 

 who are engaged in this branch of business, and more especially by 

 the memorialists whose property is immediately in jeopardy. 

 I am, very respectfully, your obedient servant. 



Robert C. Wintheop. 

 Hon. H. S. Legare, 



Secretary of State, &c, dec. 



