46 COUNTER-CASE OF GEEAT BRITAIN. 



ing grounds, suggested to the Governors of Nova Scotia and New 

 Brunswick a further relaxation of (British Case, App., p. 146) 



" the strict rule of exclusion exercised by Great Britain over the fish- 

 ing vessels of the United States entering the bays of the sea on the 

 British and American coasts," 



and added 



" I have to request that your Lordship would inform me whether 

 you have any objections to offer, on provincial or other grounds, to 

 the proposed relaxation of the construction of the Treaty of 1818 be- 

 tween this country and the United States." 



Nova Scotia and New Brunswick did object, and Lord Stanley 

 wrote to the Governor of Nova Scotia (17th September, 1845) (Brit- 

 ish Case, App., pp. 148, 150, 151) : 



" Her Majesty's Government have attentively considered the repre- 

 sentations contained in your despatches Nos. 324 and 331, of the 17th 

 June and 2nd July, respecting the policy of granting permission to 

 the fishermen of the United States to fish in the Bay of Chaleurs and 

 other large bays of a similar character on the coasts of New Bruns- 

 wick 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 

 United 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 restrictions." 



54 It is submitted that this correspondence most clearly shows 



that the British Government had no doubt whatever as to 

 their right under the treaty, and that there is no colour for the sug- 

 gestion that the proposed relaxation proceeded from any doubt as 

 to the rights of Great Britain, or from any cause other than a desire 

 to avoid friction. 



OPINION Or ME. WEBSTER, 1852. 



In 1852 there was considerable excitement in the United States 

 over some naval orders that had been issued by Great Britain for the 

 protection of the Canadian fisheries, and Mr. Webster issued the 

 Notice which is in part set out at p. 96 of the British Case, and, in 

 full, at p. 152 of the appendix to that Case. Mr. Webster, it is sub- 

 mitted, in that Notice, clearly accepted the British construction of 

 the language of the treaty (British Case, App., p. 171). He ad- 

 mitted that American fishermen were precluded by the language of 

 the treaty strictly construed from entering bays except for shelter 

 &c., and declared that it was an oversight in the Convention of 1818 

 to have made so large a concession to England. In conversation with 

 Mr. Crampton he gave it as his opinion that the Queen's Advocate 



