476 CORRESPONDENCE, ETC. 



come to nn understanding, without due notice given of the course 

 intended to be pursued. 



The undersigned need not urge upon Lord Aberdeen the desirable- 

 ness of an authoritative intervention on the part of her Majesty's 

 government to put an end to the proceedings complained of. The 

 President of the United States entertains a confidant expectation of 

 an early and equitable adjustment of the difficulties which have been 

 now for so long time under the consideration of her Majesty's govern- 

 ment. This expectation is the result of the President's reliance upon 

 the sense of justice of her Majesty's government, and of the fact, that, 

 from the year 1818, the date of the convention, until some years after 

 the attempts of the provincial authorities to restrict the rights of 

 American vessels by colonial legislation, a practical construction was 

 given to the 1st article of the convention, in accordance with the 

 obvious purport of its terms and settling 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. 



Edward Everett. 



Consul Delavan to Mr. Upshur. 



Consulate of U. S. or America, 

 Sydney, Nova Scotia, August 15, 181,3. 

 Sin: Tt becomes my dutv to inform vou that the Fishing Schooner 

 Mary Francis, Benjamin B. Swasey, Master, belonging to Marble- 

 head and owned by Joseph Hidden, was brought into Arichat on 

 Sunday, the 23rd day of July last and on the day following she was 

 condemned and on the 28th the Hull and all the materials were sold 

 at Public Auction for the benefit of all Concerned, the Vessel being 

 insured, the Captain and Crew took their departure for Boston on 

 the 29th, the day after the sale of the Vessel. 

 I am, etc., 



Charles II. Delavan, 



To the Honorable the Secretary of State. 



U. S. Consul. 



Consul Delavan to Mr. Upshur. 



Consulate of the United States of Amebtca, 



Sydney, Nova Scotia, Oct. 31st, 181,3. 

 Sir: T have to inform you of the capture of the American Fishing 

 Schooner Commerce, Captain Lombard, and belonging to Truro in 

 the state of Massachusetts. She was captured on the 20th instant in 

 the harbour of Port Hood by Captain E. Darby, Master of Her 

 Majesty's Revenue Cutter Sisters for a breach of the Treaty existing 

 between the United States and Great Britain. I have just learned 

 the following particulars from my Consular Agent at Port Hood, 

 John D. Tremain, Esquire. He states that the Vessel came into the 

 harbour on the 20th instant in distress having lost her boat and split 



