230 APPENDIX TO BRITISH CASE. 



at a distance of twenty or thirty miles from any place of refuge in 

 case of extremity. There are certainly no obvious principles which 

 render such a construction probable. 



The undersigned flatters himself that these considerations will go 

 far to satisfy Lord Aberdeen of the correctness of the American 

 understanding of the words "Bay of Fundy," arguing on the terms 

 of the treaties of 1783 and 1818. When it is admitted that, as the un- 

 dersigned is advised, there has been no attempt till late years to give 

 them any other construction than that for which the American gov- 

 ernment now contends, the point would seem to be placed beyond 

 doubt. 



Meantime Lord Aberdeen will allow that this is a question, how- 

 ever doubtful, to be settled exclusively by her Majesty's government 

 and that of the United States. No disposition has been evinced by the 

 latter to anticipate the decision of the question; and the undersigned 

 must again represent it to the Earl of Aberdeen as a matter of just 

 complaint and surprise on the part of his government, that the oppo- 

 site course has been pursued by her Majesty's colonial authorities, 

 who have proceeded (the undersigned is confident without instruc- 

 tions from London), to capture and detain an American vessel on a 

 construction of the treaty which is a matter of discussion between 

 the two governments, and while the undersigned is actually awaiting 

 a communication on the subject promised to his predecessor. 



This course of conduct, it may be added, objectionable under any 

 circumstances, finds no excuse in any supposed urgency of the case. 

 The Washington was not within three times the limit admitted to be 

 prescribed in reference to the approach of American vessels to all 

 other parts of the coast, and in taking a few fish, out of the abundance 

 which exists in those seas, she certainly was inflicting no injury on 

 the interests of the colonial population which required this summary 

 and violent measure of redress. 



The undersigned trusts that the Earl of Aberdeen, on giving a re- 

 newed consideration to the case, will order the restoration of the 

 Washington, if still detained, and direct the colonial authorities to 

 abstain from the further capture of the fishing vessels of the United 

 States under similar circumstances, till it has been decided between 

 the two governments whether the Bay of Fundy is included among 

 " the coasts, bays, creeks and harbors " which American vessels are 

 not permitted to approach within three miles. 



The undersigned requests Lord Aberdeen to accept the assurances of 

 his distinguished consideration. 



EDWARD EVERETT. 



The Earl of Aberdeen, &c., &c. 



No. 79. 1844* July 5: Extract from Letter from Mr. CalJwvn 

 (United States Secretary of State} to Mr. Everett. 



[No. 97.] DEPARTMENT or STATE, 



Washington, July -5, 1844- 



SIR: I have the honour to acknowledge the receipt of your des- 

 patches to No. 147, inclusive. 



