PERTAINING TO SITUATION IN 1852-1853. 167 



ject. Your enemies, and mine, among the Whigs, and the Young 

 Americans among the Democrats, are very like to join in opposing 

 the Administration and in embarrassing the State of our affairs with 

 England. I have reflected much on the subject of these English 

 orders ; as well from the Home Government, as the Canadian Govern- 

 ment, respecting interference with our vessels. In my opinion there 

 is solid grounds for remonstrating against both independently of 

 anything which has yet been suggested. Certainly, such seizures are 

 not within the ordinary jurisdiction of a Court of Admiralty. I 

 think the High Court of Admiralty in England could not take cogni- 

 zance of such a seizure, or condemn the vessel seized, without a special 

 act of the Imperial Parliament ; and, as to the Acts of the Provinces, 

 I am prepared to say at once, that we ought not to admit any seizures 

 to be made by Provincial vessels. It appears to me, that this is a 

 case of an alleged violation of Treaty, by alleged encroachment upon 

 Territory in time of peace. It is something like the converse of Mc- 

 Leod's case. Its appropriate remedy is diplomatic complaint, from 

 one Government to the other; and not of redress by the exercise of 

 local jurisdiction.* 



Have the goodness to think upon this. 



Yours always truly D. W. 



Fisheries and Commercial Reciprocity with Canada. 



MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING 

 A REPORT ON THE SUBJECT OF THE FISHERIES AND COMMERCIAL RECI- 

 PROCITY WITH CANADA. 



[February 8, 1853. Referred to the Committee on Foreign Affairs.] 



To the Senate and House of Representatives: 



Having, in my message to Congress at the opening of the session, 

 adverted to the pending negotiations between this government and 

 that of Great Britain relative to the fisheries and commercial reci- 

 procity with the -British American provinces, I transmit, for the 

 information of Congress, the accompanying report from the Depart- 

 ment of State on the present state of the negotiations ; and I respect- 

 fully invite the attention of the two houses to the suggestion in the 

 latter part of the report. 



MlLLARD FlLLMORE. 



WASHINGTON, February 7, 1853. 



[Inclosure.l 



DEPARTMENT OF STATE, 



Washington, February, 1853. 



SIR: The Secretary of State has the honor to submit to the Presi- 

 dent the following report, relative to the negotiation pending between 

 this government and that of Great Britain, on the subject of the 

 fisheries, of reciprocal intercourse with the British North American 



Before Webster's death, in October, 1852, he partly prepared a long diplo- 

 matic letter upon this subject of the fisheries. 



