324 APPENDIX TO BRITISH CASE. 



Americans fishing in a bay from which they believe them to be 

 excluded by Treaty 

 I have, &c 



(Signed) COLIN G. CAMPBELL 



Commander 



No. 107. 185%, August 17: Vice-Admiral Seymour's Memorandum 

 of conversation with Commodore Perry. 



Confidential 



Memorandum from recollection on some points which became the 

 subject of conversation between Commodore Perry of the U.S. Navy 

 and Vice Adml. Sir G. F. Seymour on the 17 August 1852. 



1 The Commodore showed a map of the Gulf of St Lawrence (a 

 copy of which is herewith inclosed) purporting to be drawn up by 

 Mr. Perley, H.M's Emigration Agent at St. Johns N.B. for a report 

 about to be made by Mr. Andrews, who is employed by the U.S. 

 Govt on the subject of the fisheries in which certain lines are drawn 

 as fishing boundaries demanded by the British Colonial authorities 



2 I acquainted the Commodore that I had not previously known 

 these lines to have been proposed nor had I reason to suppose Mr. 

 Perley was authorized in having described them as claimed by the 

 Colonial authorities. 



3 (I have since shown the chart to the Lieut Govr: of Nova Scotia, 

 & Mr. Attorney Genl Uniacke who are of the same opinion & do not 

 know Mr. Perley's authority Mr. Uniacke is particularly conversant 

 with the claims & fishery interests of Nova Scotia) 



4 (This chart may probably on its publication in the United States 

 create an erroneous impression of the claims of the British Govt ) 



In my opinion the terms of the Convention would not admit of the 

 space between the east point & north cape of Prince Edwards Island 

 being considered a bay from which foreigners may be excluded & I 

 collected from the Commodore that as the space it includes is where 

 the American fishermen fish, with most advantage the U.S. Govt 

 would most strenuously resist the definition of the term bay being 

 applied to the space between the two headlands before named, be- 

 yond the distance of three miles from the actual shores to exclusion 

 from which last they can make no valid objection, even on their own 



reading of the Convention : 

 192 6. The Commodore was disposed to admit that the proper 



limits of the Bay of Chaleur were Miscon and Cape Despair 

 & that the U.S. vessels should keep 3 miles beyond a line drawn be- 

 tween those points but as I observe Capt. Bayfield states the northern 

 boundary is generally considered Point Macquereau it is probable 

 the Americans may claim it as the northern limits of the bay. 



7 I observed that the same principle which he was disposed to 

 apply to the Bay of Chaleur should attach as against fishing purposes 

 to Georges Bay, at the western end of the Gut of Cansp. The Com- 

 modore did not dissent nor did he agree further to this observation 

 than in allowing the immediate headlands of bays to form their 

 proper boundaries. 



8 Commodore Perry also treated as one of the points which re- 

 quired to be settled [to be settled] regarding the Convention whether 



