238 APPENDIX TO BRITISH CASE. 



or the people to watch and guard against his further intrusion and 

 the concession sought by the American Minister may be considered 

 practically as nearly equivalent to placing the whole fishery at the 

 control of the American fishermen. 



Last season notwithstanding the example made in the case of the 



Washington, vessels from the American lines ventured so far as 



140 to enter the basin of Mines and with long seines swept the 



mouths of the rivers, and immediately completed their fares 



from the schools of fish that were entering. 



The facts connected with the fisheries in the Bay of Fundy prac- 

 tically show that it is indeed well entitled, to be treated as a bay 

 within the objects of the Treaty. 



The question then is, whether the claims of the foreign fisherman 

 shall be permitted to prevail over the rights of Her Majesty's sub- 

 jects as regards the fish passing thro a bay surrounded by Her 

 Majesty's territory on their way to their accustomed and natural 

 places of resort within that territory where they form a considerable 

 element in the means of subsistence provided by Providence for its 

 inhabitants. 



On a subject of so much moment and viewed with so lively an 

 interest by the people of this province Her Majesty's Government is 

 humbly but most urgently besought to withhold the concession re- 

 quired by the American Minister. If the construction his Excellency 

 has attempted to put on the Treaty shall be judicially decided to be 

 correct it will be the duty of the colonies to submit. If otherwise 

 it is hoped a boon will not be conferred on foreigners to which they 

 have no title and which they can only enjoy, as the people of this 

 country believe, at the expense and to the deep and lasting injury 

 of Her Majesty's loyal subjects. 



Halifax Nova Scotia 17th. Septr. 1844 



J. W. JOHNSTON 



Atto. Gen. 



No. 82. 1844> October 9: Letter from Mr. Everett to the Earl of 



Aberdeen. 



GROSVENOR PLACE, October 9, 1844. 



The undersigned, envoy extraordinary and minister plenipoten- 

 tiary of the United States of America, has the honor to transmit to 

 the Earl of Aberdeen, Her Majesty's principal Secretary of State for 

 foreign affairs, the accompanying papers relating to the capture of 

 an American fishing vessel the "Argus," by a government cutter 

 from Halifax, the " Sylph," on the 6th of July last. 



In addition to the seizure of the vessel, her late commander, as 

 Lord Aberdeen will perceive from his deposition, complains of harsh 

 treatment on the part of the captors. 



The grounds assigned for the capture of this vessel are not stated 

 with great distinctness. They appear to be connected partly by the 

 construction set up by Her Majesty's provincial authorities in Amer- 

 ica, that the line within which vessels of the United States are for- 

 bidden to fish, is to be drawn from headland to headland, and not to 



