128 CASE OF THE UNITED STATES. 



No further correspondence seems to have been exchanged with 

 reference to Mr. Webster's misunderstanding of Lord Mahnesbury's 

 intentions, but the President in his annual message to Congress, dated 

 December 6, 1852, calls attention to the incident and the situation 

 out of which it arose, and makes the following statement with refer- 

 ence to the settlement of the fisheries question in connection with the 

 pending reciprocity negotiations : 



These circumstances, and the incidents above alluded to, have led 

 me to think the moment favorable for a reconsideration of the entire 

 subject of the fisheries on the coasts of the British provinces with a 

 view to place them upon a more liberal footing of reciprocal privilege. 

 A willingness to meet us in some arrangement of this kind is under- 

 stood to exist, on the part of Great Britain, with a desire on her part 

 to include in one comprehensive settlement as well this subject as the 

 commercial intercourse between the United States and the British 

 provinces. I have thought that, whatever arrangements may be 

 made on these two subjects, it is expedient that they should be em- 

 braced in separate conventions. The illness and death of the late 

 Secretary of State prevented the commencement of the contemplated 

 negotiation. Pains have been taken to collect the information re- 

 quired for the details of such an arrangement. The subject is attended 

 with considerable difficulty. If it is found practicable to come to an 

 agreement mutually acceptable to the two parties, conventions may 

 be concluded in the course of the present winter. The control of 

 Congi'ess over all the provisions of such an arrangement, affecting the 

 revenue, will of course be reserved." 



Mr. Webster' s interpretation of ' ' hays ' ' . 



Before passing from the consideration of IVlr. Webster's public letter 

 of July 6, 1852, a misapprehension, which has arisen on the part of 

 Great Britain with respect to ^Ir. Webster's interpretation of the 

 meaning of the word " bays " as used in the treaty, requires correction. 



This question came up for discussion in the proceedings before the 

 Halifax Commission under the treaty of 1871, and much reliance was 

 placed by Great Britain on the follow^ing statement in Mr. Webster's 

 letter as supporting the "headland theory" : 



It would appear that by a strict and rigid construction of this 

 article, fishing vessels of the United States are precluded from entering 

 into the bays or harbors of the British provinces, except for the piu-- 

 poses of shelter, repairing damages, and obtaining wood and water. 

 A bay, as is usually understood, is an arm or recess of the sea, entering 

 from the ocean between capes or headlands: and the term is applied 

 equally to small and large tracts of water thus situated. It is com- 

 mon to speak of Hudson's Bay, or the Bay of Biscay, although they 

 are very large tracts of water. 



"Appendix, p. 545. 



