82 CASE OF GREAT BRITAIN. 



the distance of three miles from the shore within which American 

 fishermen are not permitted to approach) it is " the intent of the 

 treaty as it is in itself reasonable to have regard to the general line 

 of the coast, and to consider its bays, creeks, and harbours, that is, the 

 indentations so accounted, as included within that line," which I 

 take to be an acquiescence in the opinion of Messrs. Dodson and 

 Wilde, that the distance within which American fishermen must not 

 approach is three miles from a line drawn from headland to head- 

 land, taking the general configuration of the coast, I cannot but 

 conceive that a great portion of what I have contended for (in my 

 despatch No. 75, dated 8th May, 1841, addressed to Lord John 

 Russell) on the part of the province, is conceded; and it is therefore 

 my unreserved opinion, provided always that this interpretation of 

 Mr. Everett's phraseology be correct, that that which is now asked 

 by the Americans may be granted, without evil consequences, if due 

 care be taken that no further pretensions can hereafter be founded on 

 the concession 



On the 10th March, 1845, Lord Aberdeen addressed the following 

 letter to Mr. Everett (App., p.. 141) : 



The undersigned will confine himself to stating that after the most 

 deliberate reconsideration of the subject, and with every desire to do 

 full justice to the United States, and to view the claims put forward 

 on behalf of United States' citizens in the most favourable light, Her 

 Majesty's Government are nevertheless still constrained to deny the 

 right of United States citizens, under the treaty of 1818, to fish in 

 that part of the Bay of Fundy which, from its geographical position, 

 may properly be considered as included within the British possessions. 



Her Majesty's Government must still maintain, and in this view 

 they are fortified by high legal authority, that the Bay of Fundy is 

 rightfully claimed by Great Britain as a bay within the meaning of 

 the treaty of 1818. And they equally maintain the position which 

 was laid down in the note of the undersigned, dated the 15th of 

 April last, that, with regard to the other bays on the British Ameri- 

 can coasts, no United States' fisherman has, under that convention, 

 the right to fish within three miles of the entrance of such bays as 

 designated by a line drawn from headland to headland at that 

 entrance. 



But while Her Majesty's Government still feel themselves bound to 



maintain these positions as a matter of right, they are neveFtheless 



not insensible to the advantages which would accrue to both countries 



from a relaxation of the exercise of that right; to the United 



94 States as conferring a material benefit on their fishing trade; 



and to Great Britain and the United States conjointly and 



equally, by the removal of a fertile source of disagreement between 



them. 



Her Majesty's Government are also anxious, at the same time that 

 they uphold the just claims of the British Crown, to evince by every 

 reasonable concession their desire to act liberally and amicably 

 towards the United States. 



The undersigned has accordingly much pleasure in announcing to 

 Mr. Everett, the determination to which Her Majesty's Government 

 have come to relax in favour of the United States fishermen, that 



