256 APPENDIX TO BRITISH CASE. 



No. 92. 1845, September 17: Despatch from the Right Hon. Lord 

 Stanley to the Right Hon. Viscount Falkland. 



DOWNING ST. 17th Septr 1845. 

 LORD FALKLAND 



MY LORD, Her Majesty's Government have attentively considered 

 the representations contained in your Despatches Nos. 324 & 331, 

 of the 17th June and 2nd July, respecting the policy of granting 

 permission to the fishermen of the U. States to fish in the Bay of 

 Chaleurs and other large bays of a similar character on the coasts 

 of N Brunswick and Nova Scotia, and, apprehending from your 

 statements that any such general concession would be injurious to 

 the interests of the British North American Provinces we have 

 abandoned the intention we had entertained upon the subject, and 

 shall adhere to the strict letter of the Treaties, which exist between 

 Great Britain and the U: States relative to the fisheries in North 

 America, except in so far as they may relate to the Bay of Fundy 

 which has been thrown open to the Americans under certain re- 

 strictions. In announcing this decision to you I must at the same 

 time direct your attention to the absolute necessity of a scrupulous 

 observance of those Treaties on the part of the colonial authorities, 

 and to the danger which cannot fail to arise from any over-strained 

 assumption of the power of excluding the fishermen of the U : States 

 from the waters in which they have a right to follow their pursuits. 

 The case of the "Argus " is an exemplification of my meaning that 

 vessel having been seized by a provincial revenue cruiser, under the 

 plea of illegal encroachment, in a spot where she was not within 

 three miles of the shore, and where there does not appear to have 

 been any pretence for asserting that she was within any bay, or in 

 unlawful propinquity to any bay on the coast of Nova Scotia. I 

 transmit herewith to your Lordship the copy of the opinion a de- 

 livered upon the case of the "Argus " by the Queen's Advocate, and 

 have to direct your Lordship to adopt such measures as may appear 

 to you to be expedient for affording reparation to the parties who 

 have been injured in the transaction. 

 I have, &c. 



STANLEY. 



No. 93. 1847, December 7 : Extract from Message of President of 

 the United States on the Opening of Congress, Washington, De- 

 cember 7, 1847. 



A state of war abrogates Treaties previously existing between the 

 belligerents, and a Treaty of Peace puts an end to all claims for 

 indemnity, for tortious acts committed under the authority of one 

 government against the citizens or subjects of another, unless they 

 are provided for in its stipulations. A Treaty of Peace which would 

 terminate the existing war. without providing for indemnity, would 

 enable Mexico, the acknowledged debtor, and herself the aggressor 

 in the war. to relieve herself from her just liabilities. By such a 



n Septr 9th 1M.">. 



