242 APPENDIX TO BRITISH CASE. 



of February, 1841, which formed the basis of an able and elaborate 

 note from Mr. Stevenson to Lord Palmerston, of the 27th of the fol- 

 lowing month. Mr. Stevenson's representations were acknowledged, 

 and referred by the Colonial Office to the provincial government of 

 Nova Scotia ; but no other answer was returned to them. 



The exclusion of American fishermen from the waters of the Bay 

 of Fundy was the most prominent of the grievances complained of 

 on behalf! of the United States. Haying received instructions from 

 the department in reference to the seizure of the " Washington " of 

 Newburyport, for fishing in the Bay of Fundy, I represented the case 

 to Lord Aberdeen in a note of the 10th of August, 1843. An answer 

 was received to this note on the 15th of April following, in which 

 Lord Aberdeen confined himself to stating that by the terms of the 

 convention the citizens of the United States were not allowed to fish 

 within three miles of any bay upon the coast of the Britsh American 

 colonies, and could not, therefore, be permittted to pursue their avoca- 

 tion within the bay of Fundy. I replied to this note on the 25th of 

 May following, and endeavoured to show that it was the spirit and 

 design of the first article of the convention of 1818 to reserve to the 

 people of the United States the right of fishing within three miles of 

 the goast. Some remarks on the state of the controversy at that time 

 will be found in my despatch, No. 130. of the 26th of May last. 



On the 9th of October last, in obedience to your instructions, No. 

 105, I addressed a note to Lord Aberdeen in reference to the case of 

 the "Argus " of Portland, which was captured while fishing on St. 

 Anne's bank, off the northeastern coast of Cape Breton. The papers 

 relative to this case left the precise grounds of the seizure of the 

 "Argus " in some uncertainty. It was, however, sufficiently appar- 

 ent that they were, to some extent at least, similar to those for which 

 the " Washington " had been captured. 



I received a few days since, and herewith transmit a note from 

 Lord Aberdeen, containing the satisfactory intelligence that after a 

 reconsideration of the subject, although the Queen's government 

 adhere to the construction of the convention which they have always 

 maintained, they have still come to the determination of relaxing 

 from it, so far as to allow American fishermen to pursue their avoca- 

 tions in the Bay of Fundy. 



******* 



I thought it proper, in replying to Lord Aberdeen's note, to recog- 

 nise in ample terms the liberal spirit evinced by her Majesty's gov- 

 ernment, in relaxing from what they consider their right. At the 

 same time I felt myself bound to say that the United States could 

 not accept as a mere favour what they had always claimed as a 

 matter of right, secured by the treaty. 



No. 85. 1845, March 25: Letter from Mr. Everett to Lord Aberdeen. 



GROSVENOR PLACE, March -5, ISlfi. 



The undersigned, envoy extraordinary and minister plenipoten- 

 tiary of the United States of America, has the honor to acknowl- 

 edge the receipt of a note of the 10th instant from the Earl of 



