PERIOD FROM 1841 TO 1854. 101 



delay. Pursuant to these instructions, Mr. Stevenson wrote to 

 Lord Palmerston on March 27, 1841, directing his attention to the 

 proceedings of the provincial authorities, which lie says "in the 

 opinion of the American Government demand the prompt interpo- 

 sition of Her Majesty's Government." This note deals with the new 

 interpretation proposed by Nova Scotia with respect to tlic meaning 

 of the word "bays," and with the interference by the provincial 

 authorities with American fishermen in the exercise of their right 

 to enter the bays and harbors on that coast for the purpose of re- 

 pairs, shelter, wood, and water, and with the attempt on the part 

 of the provincial authorities to exclude American fishermen from 

 innocent passage tlirough the Gut of Canso. The provincial con- 

 tention on this latter question having subsequently been aban- 

 doned and the question being, by express stipulation, excluded 

 from the present Case, it is mmecessary to review it here, and all 

 reference to it in the subsequent correspondence will be omitted. 

 With respect to the other two questions above mentioned, ^Ir. 

 Stevenson's note, after reciting the stipulations of Article I of the 

 treat}'^ of 1818, states the position of the United States as follows: 



Such are the stipulations of the treaty, and they are believed to 

 be too plain and explicit to leave room for doubt or misapprehension, 

 or render the discussion of the respective rights of the two countries 

 at this time necessary. Indeed it does not appear that any conflict- 

 ing questions of right between them have as yet arisen out of diiTer- 

 ences of opinion regarding the true intent and meaning of the treaty. 

 It appears, however, that in the actual application of the provisions 

 of the convention, (committed on the part of Great Britain to the 

 hands of subordinate agents, subject to and controlled by local 

 legislation,) difficulties, growing out of individual acts, have unfortu- 

 nately sprung up from time to time, among the most important of 

 which have been recent seizures of American vessels for supposed 

 violations of the treaty. These have been made, it is believed, 

 under color of a provincial law of 6 William IV., chapter 8, 1836, 

 passed doubtless with a view to restrict vigorously, if not intended 

 to aim a fatal blow at the fisheries of the United States on the coasts 

 of Newfoundland. 



It also appears, from information recently received by the govern- 

 ment of the United States, that the provincial authorities assume a 

 right to exclude the vessels of the United States from all their bays, 

 (even including those of Fundy and Chaleurs,) and likewise to 



Erohibit their approach within three miles of a line drawn from 

 eadland to headland, instead of from the indents of the shores of 

 the provinces. They also assert the right of excluding them from 

 British ports, unless in actual distress; warning them to depart, or 

 get under weigh and leave harbor, whenever the provincial custom- 

 house or British naval ofiScer shall suppose that they have remained 



