245 



the communicntion of the undersignod of the 15tli of M;iy last, on the 

 case of the ' Washington,' and the construction given by the govern- 

 ment of the United Slates to the convention of 1818, relative, to the 

 right of fishing on the coasts of Nova Scotia and New Brunswick. 



" Lord Aberdeen acquaints the undersigned, that, after the most de- 

 liberate reconsideration of the subject, and with ever}^ desire to do full 

 justice to the United States and to view the claims put forward on be- 

 half of their citizens in the most f ivorable light, her Majesty's govern- 

 ment are nevertheless still constrained to deny the right of citizens of 

 the United States, under the treaty of 1818, to fish in that part of the 

 Ba}^ of Fundy which from its geographical position may properly be 

 considered as included within the British possessions ; and also to main- 

 tain that, with regard to the other bays on the British American coasts, 

 no United States fisherman has, under that convention, the right to fish 

 within three miles of the entrance of such bay, as designated by a line 

 drawn from headland to headland at that entrance. 



"Lord Aberdeen, however, informs the undersigned that, although 

 continuing to maintain these positions as a matter of right, her Majesty's 

 government are not insensible to the advantages which might accrue 

 to botli countries from a relaxation in its exercise ; that they are anx- 

 ious, while upholding the just claims of the British crown, to evince 

 by every reasonable concession their desire to act liberally and ami- 

 cably towards the United States ; and that her Majesty's government 

 have accordingly come to the determination ' to relax in favor of the 

 United States fishermen the right which Great Britain has hitherto ex- 

 ercised of excluding those fishermen from the British portion of the 

 Bay of Fundy, and are prepared to direct their colonial authorities to 

 allow, henceforward, the United States fishermen to pursue their avo- 

 cations in any part of the Bay of Fundy, provided they do not ap- 

 proach, except in the cases specified in the treat}' of 1818, within three 

 miles of the entrance of any bay on the coast of Nova Scotia or New 

 Brunswick.' 



" The undersigned receives with great satisfaction this communica- 

 tion from Lord Aberdeen, which promises the permanent removal of a 

 fruitful cause of disagreement between the two countries, in reference 

 to a vahiablc portion of the fisheries in question. The government of 

 the United States, the undersign(>d is persuaded, will duly appreciate 

 the friendl}' motives which have led to the determination on the part of 

 her Majesty's government announced in Lord Aberdeen's note, and 

 which he doubts not will have the natural effect of acts of libcralitj 

 betw(;en powerfiil states, of producing benefits to both parlies, beyond 

 any immediate inlcresl which may be favorably afli'cted. 



" While he desires, Ixnvever, without r(\'^erve, to express his sense 

 of the amicable disposition evinced by her Majesty's government on 

 lliis occasion in relaxing in fivor of the T'nited States the exercise of 

 what, after (h;liberate consideration, f()rtified by high legal authority, 

 is fh-eined an un(|uestioned riglit of \\v.v Majesty's goverrnnent, liic un- 

 dersigned would be unfaithful to his duty did he omit to remark to 

 Lord Aberdeen that no arguments have at any time been adduced 

 to shake the confidence of the government of the United States in their 

 own construction of the treaty. While they have ever been prepared 



