510 CORRESPONDENCE, ETC. 



ated. It is common to speak of Hudson's Bay, or the Bay of Biscay, 

 although they are very large tracts of water. 



The British authorities insist that England has a right to draw 

 a line from headland to headland, and to capture all American fish- 

 ermen who may follow their pursuits inside of that line. It was 

 undoubtedly an oversight in the Convention of 1818, to make so 

 large a concession to England, since the United States had usually 

 considered that those vast inlets or recesses of the ocean ought to 

 be open to American fishermen, as freely as the sea itself, to within 

 three marine miles of the shore. 



In 1841, the Legislature of Nova Scotia prepared a case for the 

 consideration of the Advocate General, and Attorney General of 

 England, upon the true construction of this article of the Conven- 

 tion. The opinion delivered by these officers of the crown was, — 

 " That by the terms of the Convention, American citizens were ex- 

 cluded from any right of fishing within three miles from the coast 

 of British America, and that the prescribed distance of three miles, 

 is to be measured from the headlands or extreme points of land 

 next the sea, of the coast or of the entrance of bays or indents of 

 the coast, and consequently that no right exists on the part of the 

 American citizens, to enter the bays of Nova Scotia, there to take 

 fish, although the fishing, being within the bay, may be at a greater 

 distance than three miles from the shore of the bay; as we are of 

 opinion that the term ' headland ' is used by the treaty to express 

 the part of the land we have before mentioned ; including the interior 

 of the bays, and indents of the coast." 



It is this construction of the intent and meaning of the Convention 

 of 1818, for which the colonies have contended since 1841, and which 

 they have desired should be enforced. This, the English Government 

 has now, it would appear, consented to do, and the immediate effect 

 will be, the loss of the valuable fall fishing to American fishermen ; a 

 complete interruption of the extensive fishing business of New Eng- 

 land, attended by constant collisions of the most unpleasant and ex- 

 citing character, which may end in the destruction of human life, in 

 the involvement of the Government in questions of a very serious 

 nature, threatening the peace of the two countries. Not agreeing 

 that the construction thus put upon the treaty is conformable to the 

 intentions of the contracting parties, this information is, however, 

 made public to the end that those concerned in the American fisheries 

 may perceive how the case at present stands, and be upon their 

 guard. The whole subject will engage the immediate attention of 

 the Government. 



Daniel Webster, 

 « Secretary of State. 



2Ir. Webster to President Fillmore. 



Franklin, July 17, 1852. 



My Dear Sir, — The interruption of the usual occupation of our 

 fishermen in the British Provinces, is a very serious business. I 

 fear much difficulty may arise from it. 



Following your suggestion to Mr. Hunter, I have prepared a paper 

 which will appear in the newspapers in this part of the country im- 

 mediately, and have directed its publication in Washington. I hope 



