ARGUMENT OF ELTHU ROOT. 2141 



the fact that it had reached it in the letter from Lord Stanley to 

 Viscount Falkland of the 19th May, 1845, appearing in the British 

 Case Appendix, pp. 145 and 146. 



As that contains an admirable statement of the American side of 

 the case, I beg the liberty of calling your attention to it. Lord 

 Stanley says: 



"My Lord, 



"H. M. Govt having frequently had before them the complaints 

 of the Minister of the U. States in this country on account of the 

 capture of vessels belonging to fishermen of the U. States by the 

 provincial cruisers of N. Scotia and N. Brunswick for alleged in- 

 fractions of the Convention of the 20th Oct 1818 between G. Britain 

 and the U. States, I have to acquaint your Lordship that, after 

 mature deliberation, H. M. Govt deem it advisable for the interests 

 of both countries to relax the strict rule of exclusion exercised by 

 G. Britain over the fishing vessels of the U. States entering the bays 

 of the sea on the B. N. American coasts. H. M. Govt therefore hence- 

 forward propose to regard as bays, in the sense of the treaty " : 



You will perceive that this letter is upon the subject of the con- 

 struction, of the meaning of the treaty, not of granting a favour, not 

 of refraining from enforcing the treaty in accordance with its con- 

 struction, but it relates to a determination upon what the treaty 



means : 



" H. M. Govt therefore henceforward propose to regard as bays, 

 in the sense of the treaty, only those inlets of the sea which measure 

 from headland to headland at their entrance the double of the dis- 

 tance of 3 miles, within which it will still be prohibited to the fishing 

 vessels of the United States to approach the coast for the purpose of 

 fishing. I transmit to your Lordship herewith the copy of a letter, 

 together with its enclosures, which I have received from the Foreign 

 Office upon this subject, from which you will learn the general views 

 entertained by H. M. Govt as to the expediency of extending to the 

 whole of the coasts of the British possessions in N. America, the same 

 liberality with respect to U. States fishing boats as H. M. Govt. have 

 recently thought fit to apply to the Bay of Fundy; and 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 between this 

 country and the U. States. 



'"I have, &c. "STANLEY." 



The complaints referred to by the Minister of the United States 

 on account of the capture of vessels belonging to fishermen of the 

 United States by the provincial cruisers of Nova Scotia or Xew 

 Brunswick are doubtless the complaints relating to the capture 

 of the " Washington " and the "Argus," which were the only vessels 

 ever captured outside of the 3-mile limit, and which were taken by 

 provincial cruisers, and not by the vessels of Great Britain. 



