247 



The aforesaid line is a degree of latitude in length; and ;is far as reli- 

 ance can be placed on the only maps (English ones) in the possession 

 of the undersigned on which this coast is distinctly hiid down, it would 

 exclude vessels from fishing grounds which might be thirty miles from 

 the shore. 



"Lord Aberdeen, in his note of the 10th instant, on the ease of the 

 ' Argus,' observes that, 'as the point of the construction of the conven- 

 tion of ISIS, in reference to the right of fishing in the Anglo-American 

 dependencies by citizens of the United States, is tr(\nted in another note 

 of the undersigned of this date, relative to the case of the 'Washington,* 

 the undersigned abstains from again touching on that sabject.' 



" This expression taken by itself, would seem to authorize the expect- 

 ation that the waters where these two vessels respectively were cap- 

 tured would be held subject to the same principles, whether of restric- 

 tion or n^axation, as indeed all the considerntions which occur to the 

 undersigned as having probably led her Majesty's government to the 

 relaxation in reference to the Bay of Fundy exist in full and even su- 

 perior force in reference to the waters on the northenslern coast of Cape 

 Breton, where the 'Argus' was seized. But if her Majesty's provincial 

 authorities are permitted to regard as a 'bay,' any portion of the sea 

 which can be cut off by a direct line connecting two points of the coast, 

 however destitute in other respects of the character usually implied by 

 that name, not only w^ill the waters on the northeastern coast of Cape 

 Breton, but on many other parts of the shores of the Anglo-American de- 

 pendencies, where such exclusion has not yet been thought of, be pro- 

 hibited to American fishermen. In fact, the waters which wash the 

 entire southeastern coast of Nova Scotia, from Cape Sable to Cape 

 Canso, a distance on a straight line of rather less than three hundred 

 miles, would in this way constitute a bay, from which United States 

 fishermen would be excluded. 



"The undersigned, liowever, forbears to dwell on this subject, being 

 far from certain, on a comparison of all that is said in the two notes ot 

 Lord Aberdeen of the lOth instant, as to the relaxation proposed by 

 her M.'ijesty's government, that it is not intended to embrace the waters 

 of the northeastern coasts of Cape Breton, as well as the Bay of Fundy. 



"Lf)rd Aberdeen, towards the close of the note in which the purpose 

 of her Majesty's government is communicated, invites the attention of 

 the undersigned to the fact that British colonial fish is, at the jircsent 

 time, excluded by prohibitory duties from the markets of the United 

 States, and suggests that the moment at which the British goverimient 

 are making a liberal concession to United States trade, might be deemed 

 favorable for ;i counter concession on the pint of the United St;)f(\s to 

 British trade, by the reduction of duties wliich operate so pr(judici;dly 

 to the interests of I'ritish colonial fishermen. 



"The undersigned is of course without instructions which enable him 

 to m;ike any definite reply to this suggestiou. It is no doubt true that 

 the liritish coloni.-d fish, as far as clulies are concerned, enters the 

 I'nited States market, if at all, to some disadvantage. TIk^ government 

 of the United States, he is y)ersuaded, would gladly make any reduction 

 in these duties which wouhl not seriously injure the native fishermen: 

 but J^ord Aberdeen is aware that the encouragement of this class of 



