PERIOD FROM 1836 TO 1854. 489 



of Fundy; and having shortly since received the answer of , that de- 

 partment, the undersigned is now enabled to make a reply to Mr. 

 Everett's communication, which he trusts will be found satisfactory. 



In acquitting himself of this duty, the undersigned will not think 

 it necessary to enter into a lengthened argument in reply to the 

 observations which have at different times been submitted to her 

 Majesty's government by Mr. Stevenson and Mr. Everett, on the 

 subject of the right of fishing in the Bay of Fundy, as claimed in 

 behalf of the United States' citizens. The undersigned will confine 

 himself to stating that after the most del berate reconsideration of 

 the subject, and with every desire to do full justice to the United 

 States, and to view the claims put forward on behalf of United 

 States' citizens in the most favorable light, her Majesty's government 

 are nevertheless still constrained to deny the right of United States' 

 citizens, under the treaty of 1818, to fish in that part of the Bay of 

 Fundy which, from its geographical position, may properly be con- 

 sidered as included within the British possessions. 



Her Majesty's government must still maintain, and in this view 

 they are fortified by high legal authority, that the Bay of Fundy 

 is rightfully claimed by Great Britain as a bay within the meaning 

 of the treaty of 1818. And they equally maintain the position which 

 was laid down in the note of the undersigned, dated the 15th of 

 April last, that, with regard to the other bays on the British Ameri- 

 can coasts, no United States' fisherman has, under that convention, 

 the right to fish within three miles of the entrance of such bays as 

 designated by a line drawn from headland to headland at that 

 entrance. 



But while her Majesty's government still feel themselves bound to 

 maintain these positions as a matter of right, they are nevertheless 

 not insensible to the advantages which would accrue to both coun- 

 tries from a relaxation of the exercise of that right ; to the United 

 States as conferring a material benefit on their fishing trade; and to 

 Great Britain and the United States, conjointly and equally, by the 

 removal of a fertile source of disagreement between them. 



Her Majesty's government are also anxious, at the same time that 

 they uphold the just claims of the British crown, to evince by every 

 reasonable concession their desire to act liberally and amicably to- 

 wards the United States. 



The undersigned has accordingly much pleasure in announcing to 

 Mr. Fverett, the determination to which her Majesty's government 

 have come to relax in favor of the United States fishermen thai right 

 which Great Britain has hitherto exercised. <>f excluding those fisher- 

 men from the British portion of the Bay of Fundy, and they are pre- 

 pared to direct their colonial authorities to allow henceforward the 

 United States fishermen to pursue their avocations in any pari of the 

 Bay of Fundy, provided they do not approach except in the cases 

 specified in the treaty <>f L818, within three miles of the entrance 

 of any hay on the Coast of Nova Scot in or New Brunswick. 



In thus communicating to Mr. Everett the libera] intentions of 

 her Majesty's government, the undersigned desires to call Mr. Kver- 

 ett's attention to the foci that the produce of the Labor of the British 

 colonial fishermen is at the present moment excluded by prohibitory 

 duties on the. part of the United State- from the markets of thai 

 country; and the undersigned would submit to Mr. Everett that the 



