279 



Americnn provinces, nnrl nlso the recommondation of the President of 

 the United States, in liis ofHcial message to Cono-ress, to negotiate a 

 treaty f()r a participation by the citizens of the United States in the 

 said fisheries, irrespective of any question ot reciprocal intercourse be- 

 tween the I'nited States and the North American colonies. 



" Resolved, That a, comrnittc^e be now appointed to prepare an hum- 

 ble address, praying that her >rajesty will !)<> gi-aciously pleas(Ml to re- 

 fuse to entertain any proposition from the United States government for 

 any modification or alteration of the treaty of 18 L8, unless such a prop- 

 osition embraces the full and entire question of reciprocal intercourse in 

 commerce and navigation upon terms that will be just and reasonable, 

 inasmuch as the value of a participation in our fisheries b}^ the citizens 

 of the United States would greatly exceed any concessions that the 

 United States government can offer to the inhabitants of the British colo- 

 nics, and that, before any treaty affecting the fisheries is agreed upon, 

 her Majesty will be graciously pleased to afford her Majesty's loyal and 

 faithful subjects, in the provinces, an opportunity of becoming ac- 

 quainted with the terms proposed in said treaty, and of laying their case 

 at the f<x)t of the throne." 



The lieutenant governor of Nova Scotia, in his speech to the Assem- 

 bly of that colony, January, 1853, observes: 



" I shall direct to be laid before you certain papers, connected with 

 the important subject of an efficient protection of the fisheries, including 

 correspondence between the executive and his excellency the naval 

 commander-in-chief on this station, with respect to the best mode 

 in which this service should be carried out. To the zeal and experi- 

 ence of that distinguished officer, and to the active and cordial co-ope- 

 ration of the officers of the squadron employed under his command, we 

 are mucii indebted for the vigilance with which our national rights have 

 been guarded, without, at the same time, any diminution of the friendly 

 relations which ouu;ht to subsist between those whose common origin 

 and mutual mterests offer so many pledges for the preservation of peace. 



" You will be pleased to learn that the government of the United States 

 has at length consented to negotiate on the subject of their commercial 

 relations with the British empin;. I shall rejoice if th(>se negotiations 

 result in the opening of more extended markets for the productions of 

 British America, and the adjustment of questions on which the legisla- 

 tures of all the provinces have hitherto evinced a lively interest." 



The Assembly, in their reply to his excellency, deprecate "any con- 

 cession of territorial advantages to the citizens of the Unitf^l States, 

 without these are purchased by the most full and ample e(juivalents." 



EXAMINATION OF THE BRITISH PRETENSIONS, AND OF THE DOCUMENTS 

 WHICH SUPPORT THEM. 



Having now completed a rapid liistorical view of th(^ controversy 

 between the two governments as totli(> intent and meaning of th(^ first 

 article of the convention of 1818, \ ])ropose to examine tlic j)iiiicl|7td 

 papers which arc relied on to maintain the British sid(^ of tlic cas(\ 



In answer to f^ord Falkland's fust query, the crown lawyers say: 

 "In obedience to your lordship's commands, we have taken these papers 



