78 CASE OP GREAT BRITAIN. 



headland to headland; the Americans not to approach within three 

 miles of this line. 



The fishermen, on the contrary, believe they have a right to work 

 anywhere, if not nearer than three miles to the land. 



And he added (App., p. 122) : 



If the grounds assumed by the British provincial authorities be 

 carried out, it will be in their power to drive the Americans from 

 those parts of the coast where are some of the most valuable fisheries : 

 whereas, if the ground maintained by the Americans be admitted, 

 it will be difficult to prevent their procuring articles of convenience, 

 and particularly bait; from which they are precluded by the con- 

 vention, and which a party in the provinces seems resolved to 

 prevent. 



DIPLOMATIC CORRESPCWDENCE, 1836-1841. 



No suggestion of this new claim is to be found in the correspond- 

 ence that passed between the two Governments until after Lieutenant- 

 Commanding Paine had made his report. 



In 1836, the British Government made formal complaint to the 

 United States, as stated in the report of the United States acting 

 Secretary of State (14th August, 1839) : 



Its Charge d'Affaires at Washington (App., p. 119) remonstrated 

 against the encroachments of American citizens upon the fishing 

 grounds secured exclusively to British fishermen by the convention 

 of 1818. The result of this complaint was a circular letter (App., 

 p. 115) addressed by the Secretary of the Treasury to the officers 



of Customs in districts where vessels are licensed for the 

 89 fisheries, directing them to impress the crews of fishing vessels 



with a sense of the treaty obligations of their Government, 

 and of the dangers to which they exposed themselves by encroach- 

 ing upon British rights. 



This circular letter had not the desired effect, and it became 

 necessary for the British Government to adopt stronger measures for 

 protective purposes. Lord Palmerston afterwards (6th October, 

 1838) instructed Mr. Fox (British Minister at Washington) to give 

 notice to the United States Government of the intention to take the 

 necessary steps, and in doing so to say that (App., p. 117) 



the chief matter of complaint is that American citizens, in violation 

 of the convention of 1818, enter the gulfs, bays, harbours, creeks, 

 narrow seas, and waters of the colonies, and that they land on the 

 shores of Prince Edward and the Magdalen Islands, and by force, 

 aided by superior numbers, drive British fishermen from banks and 

 fishing grounds solely and exclusively British. 



Many seizures were made, and Lieutenant-Commanding Paine 

 reported that (App., p. 122) 



the injustice and annoyance suffered by the fishermen have so irri- 

 tated them that there is ground to believe that violence will be 

 resorted to, unless some understanding be had before the next season. 



The remonstrance was contained in a letter from Mr. Bankhead to Mr. 

 Forsyth, January 6, 18?6. 



