PERIOD FROM 1836 TO 1854. 549 



[A] 

 Mr. Marcy to Mr. Rush. 



Department of State, 

 Washington, July 6, 1853. 



Sir: You are probably aware that within a few years past a ques- 

 tion has arisen between the United States and Great Britain as to 

 the construction to be given to the 1st Article of the Convention of 

 1818, relative to the fisheries on the coast of the British North Ameri- 

 can Provinces. For more than twenty years after the conclusion 

 of that convention there was no serious attempt to exclude our fish- 

 ermen from the large bays on that coast; but about ten years ago, at 

 the instance of the provincial authorities, the home Government gave 

 a construction to the 1st Article which closes all bays, whatever be 

 their extent, against our citizens for fishing purposes. It is true they 

 have been permitted to fish in the Bay of Fundy. This permission 

 is conceded to them by the British government, as a matter of favor, 

 but denied as a right. That government excludes them from all the 

 other large bays. 



Our construction of the convention is that American fishermen 

 have a right to resort to any bay and take fish in it, provided they 

 are not within a marine league of the shore. As you negotiated the 

 convention referred to, I should be much pleased to be favored with 

 your views on the subject. 



I have the honor to be &c. 



W. L. Marcy. 



The Hon. Richard Rush, 



Sydenham, near Philadelphia. 



[B] 



Mr. Rush to Mr. Marcy. 



Sydenham, near Philadelphia, 



July 18, 1853. 



Sir, I had the honor to receive your letter of the Gth of this month 

 relating to the que tion which has arisen within a few years past 

 between the United States and Great Britain, as to the construction 

 to be given to the first article of the convention of 1818 concerning 

 the fisheries on the coast of the British North American Provina 

 and I beg Leave to express my regret that unavoidable interruptions 

 h;i ve pn\ ented an earlier reply to it. 



Your letter give me to understand, thai for more than twenty 

 year after the conclusion of this convention, then- wns no serious 

 attempt to exclude our fishermen from the large hays on that, coast ; 

 but that about ten year ago, at the instance of the Provincial author- 

 ities, the Home government in England, gave a constitution to the 

 first article which closes all bays, whatever be their extent, against 

 our citizens for li hing purpo e ; and that although they have been 

 permitted to fish in the l>;iy of Fundy as matter of favor, the Home 



f government deniee their right t<> fish there, or in any of the other 

 arge bays. 



On the other hand you Inform me. t hut our construction of the con 

 mention is, thai Ajnerican fishermen have :i right t<> re ort to any bay 

 and take fish in it, provided they are nut within a marine league of 

 the shore. 



