1232 MISCELLANEOUS. 



in enterprises to the British colonial seas, and to persons hi official 

 employments; he continued his labors, in various other ways, for 

 quite a year: he was unsupported, and abandoned the design finally 

 in despair. 



The American people remained in ignorance of the tenor of the cor- 

 respondence referred to above until August, 1852, when it was em- 

 braced in the documents submitted by the President to the Senate, in 

 answer to a resolution of that body. Lord Aberdeei 's letter of March 

 10, 1845, consenting to admit our fishermen into the Bay of Fundy, 

 "as the concession of a privilege" and in relaxation of the new con- 

 struction of the convention, and Mr. Everett's reply, of the 25th of 

 the same month, accepting the same as the continuation of "a right" 

 always enjoyed, and never impaired, are properly inserted in this 

 connexion. The letter of our minister, it is to be observed, was 

 among his last official acts ; as he was recalled almost immediately 

 after communicating to our government the conditions which, in 

 opposition to the remonstrances of the colonists, and the alleged 

 "practical acquiescence" of our own cabinet in the opinion of the 

 crown lawyers, he had been able to secure; it closed the correspond- 

 ence. In ability, it is in no respect inferior to his letter of May 25th, 

 1844, already copied, and is among the most valuable state papers in 

 our archives, inasmuch as it is the only one which we can cite to show 

 our dissent to the British claim to the Bay of Fundy, "as a bay within 

 the meaning of the treaty of 1818." 



His lordship said: 



"The undersigned, her Majesty's Principal Secretary of State for 

 Foreign Affairs, duly referred to the colonial department the note 

 which Mr. Everett, Envoy Extraordinary and Minister Plenipoten- 

 tiary of the United States of America, did him the honor to address 

 to him on the 25th of May last, respecting the case of the 'Washing- 

 ton/ fishing vessel, and on the general question of the right of United 

 States fishermen to pursue their calling in the Bay of Fundy; and 

 having shortly since received the answer of that department, the 

 undersigned is now enabled to make a reply to Mr. Everett's commu- 

 nication, which he trusts will be found satisfactory. 



"In acquitting himself of this duty, the undersigned will not think 

 it necessary to enter into a lengthened argument in reply to the 

 observations which have at different times been submitted to her 

 Majesty's government by Mr. Stevenson and Mr. Everett, on the sub- 

 ject of the right of fishing in the Bay of Fundy, as claimed in behalf 

 of the United States citizens. The undersigned will confine himself 

 to stating that after the most deliberate reconsideration of the subject, 

 and with every desire to do full justice to the United States, and to 

 view the claims put forward on behalf of United States citizens in the 

 most favorable light, her Majesty's government are nevertheless still 

 constrained to deny the right of United States citizens, under the 

 treaty of 1818, to fish hi that part of the Bay of Fundy which, from 

 its geographical position, may properly be considered as included 

 within the British possessions. 



"Her Majesty's government must still maintain and in this view 

 they are fortified by high legal authority that the Bay of Fundy is 

 rightfully claimed by Great Britain, as a bay within the meaning of 

 the treaty of 1818. And they equally maintain the position which was 

 laid down in the note of the undersigned, dated the 15th of April last, 



