232 APPENDIX TO BRITISH CASE. 



to Nova Scotia, and might in fairness be granted, other members of 

 the board, among whom is the Attorney General, entertain a strong 

 opinion to the contrary. 



When however I perceive that Mr. Everett, in his note of the 25th 

 May 1844, addressed to Lord Aberdeen admits that (in estimating the 

 distance of three miles from the shore within which American fisher- 

 men are not permitted to approach) it is l ' 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 in- 

 dentations 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 ap- 

 proach is three miles from a line drawn from headland to headland, 

 taking the general configuration of the coast; I cannot but conceive 

 that a geat portion of what I have contended for, (in my despatch 

 No 75, date May 8th 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 Ameri- 

 cans may be granted, without evil consequences, if due care be taken 

 that no further pretensio.ns can hereafter be founded on the con- 

 cession. 



The difficulties to be apprehended in future, if the arguments of 

 the American minister are yielded to on the present occasion, are 

 embodied in a paper which I enclose drawn up by the Attorney 

 General, to which I beg very earnestly that your Lordship and Lord 

 Aberdeen will direct your particular attention. 



I regret much that the course which I view as unobjectionable, in 

 this matter will not be so regarded by the provincial Legislature, 

 and I feel very sensibly that while the Americans seek for every 

 adventage to be obtained by exercising the rights of fishery on the 

 coasts of Nova Scotia, the produce of the labour of the provincial 

 fisherman is excluded from the markets of the United States by 

 prohibitive duties. This consideration induces me to submit to your 

 Lordship whether an opportunity of strongly urging on the Govern- 

 ment of the United States the immediate diminution of these duties 

 is not afforded by the present negotiation. 



I have the honour to be, my Lord, 



your Lordship's most obedient, humble servant, 



FALKLAND : 



The Right Honble The LORD STANLEY 



&c &c &c 



137 No. 81. 1844i September 17: Memorandum "by the Attorney 

 General of Nova Scotia. 



Memorandum on the Seizure of the American schooner Washington for fishing 

 in the Bay of Fundy and on the Questions raised in the American Minister's 

 Note of 25th May 1844 vindicating the Right of American Subjects to fish 

 In that Bay. 



His Excellency the American minister considers the Bay of Fundy 

 as not included in the term " bays " in the treaty entered into at 

 London on the 20th October 1818, because of its size and situation, 

 of its containing other bays and harbours within it, and because 



