?88 APPENDIX TO BEITISH CASE. 



Both suppositions are entirely founded in error. Her Majesty's 

 Government, so far from having any intention of now excluding 

 American fishermen from the Bay of Fundy, are prepared to main- 

 tain that the relaxation granted in 1845 was reasonable and just and 

 should be adhered to; and, in giving orders to strengthen the naval 

 force employed to maintain the exercise of our rights under the 

 Treaty of 1818, they could not contemplate that the Government of 

 the United States would assume that a relaxation formally granted 

 as regards the Bay of Fundy was thereby cancelled without the 

 equally formal notice which Her Majesty's Government would un- 

 doubtedly feel themselves bound to have given to an ally of the 

 British Crown, had such an act been intended. 



But in regard to the 3 mile distance Her Majesty's Government 

 are not aware that it has at any time been maintained by the Gov- 

 ernment of the United States that there can be, or that there has ever 

 been supposed to be, the slightest doubt that Her Majesty's Govern- 

 ment are not only entitled, but bound, to maintain that distance free 

 from encroachment. 



Whatever construction either Government *may put upon the term 

 " bay " as used in the Treaty, there can be no possible question as to 

 the 3 mile limit from any British shore ; and when therefore Mr. Web- 

 ster alluded in his official publication to the seizure of the American 

 vessel " Coral " in the Bay of Fundy, near Grand Manan. he must 

 have overlooked the fact that Grand Manan was British territory, and 

 that the " Coral " was taken almost within musket shot of the shore. 



It is for the prevention of such infractions of treaty, and not witli 

 any view to disturb arrangements made in good faith with the United 

 States' Government, that Her Majesty's Government issued orders to 

 their officers to put a stop to illicit proceedings; proceedings which 

 are not merely contrary to treaty, but which are mixed up with 

 smuggling transactions damaging to British interests. 



Little therefore as Her Majesty's Government could have contem- 

 plated the impression which this matter appears to have produced 

 in the United States, still less could they have imagined that the 

 orders given by them to Vice Admiral Sir George Seymour to attend 

 personally to this matter should have been construed into an offensive 

 proceeding and one calling for the strictures which, without any de- 

 fence on the part of the United States' Government, it occasioned in 

 the Senate: for, although it is true that the flag of the Commander in 

 chief is hoisted on board a ship of the line, and that in the execution 

 of his instructions Her Majesty's ship " Cumberland " was ordered, 

 with other vessels, to the fishery station, this measure was not 

 171 adopted with a view to show an imposing force, but in order 

 that Her Majesty's Government might have the advantage, in 

 a matter requiring judgment and discretion, of the presence of an 

 officer so highly distinguished for both qualities, and whose recent 

 judicious conduct in an affair at Grey Town called forth the praise 

 of the officers and of the Government of the United States. 



As I propose that this despatch shall merely explain away certain 

 points which have clearly been misunderstood, I shall abstain, for 

 the present, from entering into a discussion upon the interpretation 

 to be given to the term "bay;" and upon this part of the subject I 

 will only add that Her Majesty's Government intended to leave the 

 matter precisely where it was left in 1845 by the Governments of Great 



