•498 CORRESPONDENCE, ETC. 



on the British American coasts, no United States fisherman has, 

 under that convention, the right to fish within three miles of the en- 

 trance of such bay, as designated by a line 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 

 they are anxious, while upholding the just claims of the British 

 crown, to evince by every reasonable concession their desire to act 

 liberally and amicably towards the United States; and that her 

 Majesty's government have accordingly come to the determination 

 " to relax in favor of the United States fishermen the right which 

 Great Britian has hitherto exercised 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 avocations in any part of the Bay of 

 Fundy, provided they do not approach, 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 refer- 

 ence to a valuable portion of the fisheries in question. The govern- 

 ment of the United States, the undersigned is persuaded, will duly 

 appreciated the friendly motives which have led to the determination 

 on the part of her Majesty's government announced in Lord Aber- 

 deen'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 reconsideration, fortified by high legal au- 

 thority, is deemed an unquestioned right of her Majesty's govern- 

 ment, the undersigned 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 to admit, that in the letter of one expression of that 

 instrument there is some reason for claiming a right to exclude 

 United States fishermen from the Bay of Fundy, (it being difficult 

 to deny to that arm of the sea the name of " bay " which long geo- 

 graphical usage has assigned to it,) they have ever strenuously main- 

 tained that it is only on their own construction of the entire article 

 that its known design in reference to the regulation of the fisheries 

 admits of being carried into effect. 



The undersigned does not make this observation for the sake of 

 detracting from the liberality evinced by her Majesty's government 

 in relaxing from what they regard as their right; but it would be 

 placing his own government in a false position to accept as mere 

 favor that for which they have so long and strenuously contended as 

 due to them under the convention. 



