DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 223 



1841. The receipt of this note was acknowledged by Lord Palmer- 

 ston on the 2d of April, and Mr. Stevenson was informed that the 

 subject was referred by his lordship to the Secretary of State for the 

 colonial department. 



On the 28th of the same month Mr. Stevenson was further in- 

 formed by Lord Palmerston, that he had received a letter from the 

 colonial department, acquainting his lordship that Mr. Stevenson's 

 communication would be forwarded to Lord Falkland with instruc- 

 tions to inquire into the allegations contained therein, and to furnish 

 a detailed report upon the subject. The undersigned does not find 

 on the files of this legation any further communication from Lord 

 Palmerston in reply to Mr. Stevenson's letter of the 27th March, 

 1841, and he believes that letter still remains unanswered. 



In reference to the case of the Washington and those of a similar 

 nature which have formerly occurred, the undersigned cannot but 

 remark upon the impropriety of the conduct of the colonial authori- 

 ties in undertaking, without directions from her Majesty's govern- 

 ment, to set up a new construction of a treaty between the United 

 States and England, and in proceeding to act upon it by the forcible 

 seizure of American vessels. 



Such a summary procedure could only be justified by a case of ex- 

 treme necessity, and where some grave and impending mischief re- 

 quired to be averted without delay. To proceed to the capture of 

 vessels of a friendly power for taking a few fish -within limits alleged 

 to be forbidden, although allowed by the express terms of the treaty, 

 must be regarded as a very objectionable stretch of provincial author- 

 ity. The case is obviously one for the consideration of the two gov- 

 ernments, aud in which no disturbance of a right exercised without 

 question for fifty years from the treaty of 1783, ought to be attempted 

 by any subordinate authority. Even her Majesty's government, the 

 undersigned is convinced, would not proceed in such a case to violent 

 measures of suppression, without some understanding with the gov- 

 ernment of the United States, or, in the failure of an attempt to come 

 to an understanding, without due notice given of the course intended 

 to be pursued. 



The undersigned need not urge upon Lord Aberdeen the desirable- 

 ness of an authoritative intervention on the part of her Majesty's 

 government to put an end to the proceedings complained of. The 

 President of the United States entertains a confident expectation of 

 an early and equitable adjustment of the difficulties which have been 

 now for so long time under the consideration of her Majesty's govern- 

 ment. This expectation is the result of the President's reliance upon 

 the sense of justice of her Majesty's government, and of the fact, that, 

 from the year 1818, the date of the convention, until some years after 

 the attempts of the provincial authorities to restrict the rights of 

 American vessels by colonial legislation, a practical construction was 

 given to the first article of the convention, in accordance with the 

 obvious purport of its terms and settling its meaning as understood 

 by the United States. 



' The undersigned avails himself of this opportunity to tender to 

 Lord Aberdeen the assurance of his distinguished consideration. 



EDWARD EVERETT. 



