80 CASE OP GREAT BRITAIN. 



In pursuance of the instructions of this despatch, Mr. Stevenson 

 sent a long letter (27th March, 1841) to Lord Palmerston, in which 

 he said (App., p. 126) : 



It also appears, from information recently received by the Govern- 

 ment of the United States, that the provincial authorities assume a 

 right to exclude the vessels of the United States from all their bays 

 (even including those of Fundy and Chaleurs) and likewise to pro- 

 hibit their approach within three miles of a line drawn from head- 

 land to headland, instead of from the indents of the shores of the 

 provinces. 



91 No further diplomatic exchange took place at this time. 



BAY OF FUNDY, 1843-5. 



1843-5. On the 10th May, 1843, the United States fishing-vessel 

 " Washington " was seized for fishing in the Bay of Fundy. at a dis- 

 tance of more than 3 miles from the shore. Complaint was made 

 (10th August, 1843), by letter from Mr. Everett (United States Min- 

 ister in London) to Lord Aberdeen, Secretary of State for Foreign 

 Affairs, in which he said that the seizure appeared to have been made 

 (App., p. 131) 



on the ground that the lines within which American vessels are for- 

 bidden to fish are to run from headland to headland, and not to fol- 

 low the shore. It is plain, however, that neither the words nor the 

 spirit of the convention admits of any such construction ; nor, it is 

 believed, was it set up by the provincial authorities for several years 

 after the negotiation of that instrument. 



Lord Aberdeen replied to Mr. Everett (15th April 1844). He 

 quoted the language of the treaty, and said (App., p. 133) : 



It is thus clearly provided that American fishermen shall not take 

 fish within three marine miles of any bay of Nova Scotia, &c. 



If the treaty was intended to stipulate simply that American fish- 

 ermen should not take fish within three miles of the coast of Nova 

 Scotia, &c., there was no occasion for using the word " bay " at all. 

 But the proviso at the end of the article shows that the word " bay " 

 was used designedly ; for it is expressly stated in that proviso, that 

 under certain circumstances the American fishermen may enter bays. 

 By which it is evidently meant that they may, under those circum- 

 stances, pass the sea-line which forms the entrance of the bay. The 

 undersigned apprehends that this construction will be admitted by 

 Mr. Everett. That the Washington was found fishing within the 

 Bay of Fundy is, the undersigned believes, an admitted fact, and she 

 was seized accordingly. 



It will be observed that there is no suggestion in this correspond- 

 ence of the present contention of the United States as to the limit of 6 

 miles between headlands. 



In reply (25th May) Mr. Everett said (App., p. 134) : 



The existing doubt as to the construction of the provision arises 

 from the fact that a broad arm of the sea runs up to the north-east 

 between the provinces of New Brunswick and Nova Scotia. This arm 



