PERIOD FROM 1836 TO 1854. 475 



government of the United States, as will appear from several notes 

 addressed by the predecessor of the undersigned to Lord Palmerston. 



From the construction attempted to be placed, on former occasions, 

 upon the first article of the treaty of 1818, by the colonial authorities, 

 the undersigned supposes that the "Washington" was seized because 

 she was found fishing in the Bay of Fundy, and on the ground that 

 the lines within which American vessels are forbidden to fish, are to 

 run from headland to headland, and not to follow the shore. It is 

 plain, however, that neither the words nor the spirit of the convention 

 admits of any such construction; nor, it is believed, was it set up by 

 the provincial authorities for several years after the negotiation of 

 that instrument. A glance at the map will show Lord Aberdeen that 

 there is, perhaps, no part of the great extent of the seacoasts of her 

 Majesty's possessions in America, in which the right of an American 

 vessel to fish can be subject to less doubt than that in which the 

 "Waking ton" was seized. 



For a full statement of the nature of the complaints which have, 

 from time to time, been made by the government of the United States 

 against the proceedings of the colonial authorities of Great Britain, 

 the undersigned invites the attention of Lord Aberdeen to a note of 

 Mr. Stevenson addressed to Lord Palmerston on the 27th March, 

 1841. The receipt of this note was acknowledged by Lord Pal- 

 merston on the 2d of April, and Mr. Stevenson was informed that 

 the subject was referred by his lordship to the Secretary of State for 

 the colonial department. 



On the 28th of the same month Mr. Stevenson was further in- 

 formed by Lord Palmerston, that he had received a letter from the 

 colonial department, acquainting his lordship that Mr. Stevenson's 

 communication would be forwarded to Lord Falkland with instruc- 

 tions to inquire into the allegations contained therein, and to furnish 

 a detailed report upon the subject. The undersigned does not find 

 on the files of (his legation any further communication from Lord 

 Palmerston in reply to Mr. Stevenson's letter of the 27th March, 

 1841, and he believes that letter still remains unanswered. 



In reference to the case of the Washington and those of a similar 

 nature which have formerly occurred, the undersigned cannot but 

 remark upon the impropriety of the conduct of the colonial authori- 

 ties in undertaking, without directions from her Majesty's govern- 

 ment, to set up a new construction of a treaty between the United 

 States and England, and in proceeding to act upon it by the forcible 



sure of American vessels. 



Such ;i summary procedure could only be justified by a ease of 

 extreme neces ity, and where Borne grave and impending mischief 

 required to be averted without delay. To proceed t<> (lie capture of 



vessels <>f a friendly power for Inking a fe"W fish within limits alleged 

 to lx- forbidden, although allowed by the express terms of the treaty, 



must l>e regarded asa very objectionable stretch of provincial author- 

 ity. The ca e is obviou ly one for the consideration of the two gov- 

 ernments, and in which no disturbance of a right exercised without 



que- 1 ion for fifty year, from the treaty of L783, OUghl to be at tempted 

 by any subordinate authority. Even her Majesty's government, the 



undersigned is convinced, would not proceed in such a case to violent 



measures of suppression, without some understanding, with the gov- 

 ernment of the United States, or, in the failure of an attempt to 



