DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 333 



regard to the assumed right itself, at least with regard to the utility 

 which may result to American fishermen from the assertion of that 

 right. 



Her Majesty's Government continue to maintain that under the 

 provisions of the Convention of 1818 the United States Government 

 clearly and distinctly renounced all right on the part of their country- 

 men to fish within three miles, not only of the coasts of the British 

 Provinces, saving those specially excepted by treaty, but also of the 

 bays, creeks, and harbours of those provinces, and from that view 

 Her Majesty's Government cannot, under any circumstances, depart. 



You will not fail to remind the Government of the United States 

 that all civiliaed nations in both hemispheres recognize as an undis- 

 puted point of international law, the jurisdiction, founded on ter- 

 ritorial possession, of every nation over the waters in the immediate 

 vicinity of its own coasts; and that in this respect the rights of Great 

 Britain in no way depend upon, although they are expressly recog- 

 nized and confirmed by the Treaty of 1818. And with reference to 

 the practical adoption of this principle, I have to desire that you 

 will at an early moment, inform me to what extent the United States 

 Government assert, at this moment,, an exclusive right and power over 

 the large bays of the United States, such as Cape Cod Bay, the 

 Sound, (Long Island), Delaware Bay, the Chesapeake Bay, and 

 others of the same description. 



If however, as I have already intimated, the United States Gov- 

 ernment should be disposed to enter into a general negotiation for 

 the adjustment of questions, commercial and other, which yet remain 

 to be arranged between the two countries, and if as an element of 

 adjustment the United States Government were to propose the con- 

 cession of rights undoubtedly belonging to them against an equal 

 concession of rights, undoubtedly belonging to Great Britain, Her 

 Majesty's Government would in that case be quite willing to meet 

 them in a liberal and conciliatory spirit on a wide field of negotiation. 



I am with great truth & regard, Sir, 



Your most obedient humble servant, 



MALMESBUEY. 

 JOHN F. CRAMPTON Esqre 



No. 114. 18,52, September 24: Letter from the Earl of Malmesbury 



to Mr. Crampton. 



No. 90. FOREIGN OFFICE September 24. 1852. 



SIR, In your despatch No. 140 you state that Mr. Webster had 

 allowed you to peruse the reports made to the United States Govern- 

 ment by Mr. Abbott Lawrence of a conversation which he had held 

 with me and Sir John Pakington upon the Fishery Question. 



It appears therefrom that Mr. Lawrence was under the impression 

 that I had informed him thart no seizures would be made of Ameri- 

 can vessels trespassing on British fisheries beyond three miles from 

 the shore, and that he had reason to hope that you would be instructed 

 to advise the Colonial authorities, and the Commanders of Her 

 Majesty's ships not to make any seizures whatever during the present 

 fishing season in order that American fishermen might " make up 

 their fares " by fishing close in shore during the two ensuing months. 



