MISCELLANEOUS. 1265 



ordered to the fishing grounds to carry into effect the British interpre- 

 tation of those provisions in the convention of 1818 in reference to 

 the true intent of which the two governments differ. It was soon 

 discovered that such was not the design of Great Britain; and satis- 

 factory explanations of the real objects of the measure have been 

 given, both here and in London. 



The unadjusted difference, however, between the two governments, 

 as to the interpretation of the first article of the convention of 1818, is 

 still a matter of importance. American fishing vessels, within nine or 

 ten years, have been excluded from waters to which they had free 

 access for twenty-five years after the negotiation of the treaty. In 

 1845, this exclusion was relaxed so far as concerns the Bay of Fundv, 

 but the just .and liberal intention of the home government, in compli- 

 ance with what we think the true construction of the convention, to 

 open all the other outer bays to our fishermen, was abandoned, in con- 

 sequence of the opposition of the colonies. Notwithstanding this, the 

 United States have, since the Bay of Fundy was reopened to our fish- 

 ermen in 1845, pursued the most liberal course towards the colonial 

 fishing interests. By the revenue law. of 1846. the duties on colonial 

 fish entering pur ports were very greatly reduced, and, by the ware- 

 housing act, it is allowed to be entered in bond without payment of 

 duty. In this way, colonial fish has acquired the monopoly of the 

 export trade in our market, and is entering, to some extent, into the 

 home consumption. These facts were among those which increased 

 the sensibility of our fishing interest at the movement in question. 



nature, connected with their soil by the laws and usages of nature, confirmed to them 

 by solemn compact, and which, practically enjoyed by them peculiarly, and as your 

 other Majesty's subjects cannot enjoy them, can be surrendered only at their extreme 

 injury and great loss. 



Surely, may it please your Majesty, your loyal colonial subjects have a right to ask 

 for some better reason for this sacrifice of their peculiar right and interest than the 

 demand of a foreign power the aggrandizement of a foreign people. 



It is reported that the American government, with characteristic diplomatic skill, 

 have offered to concede a similar privilege on their own coast in return for what they 

 seek on the coasts of British North America. 



The proffered boon is valueless to the colonists they want it not, and would derive 

 no benefit from it. The offer may deceive the uninformed, or it may afford an excuse 

 to palliate the sacrifice of your colonial subjects' rights. It may have been made by 

 our sagacious neighbors with this object; but to those who will suffer by the pretext, 

 it is but the addition of insult to wrong. If rights so entirely colonial and so clear as 

 this are to be sacrificed to American influence, the colonists should know it. Let 

 them not, may it please your Majesty, be treated as children or imbeciles by nominally 

 granting them a privilege which they know, and the Americans know, to be worth- 

 less as an equivalent for one which both equally know to be of incalculable value; 

 for let it not be urged upon your Majesty that what the Americans seek is of no value. 

 Their earnestness is certain evidence to the contrary. 



It is, may it please your Majesty, of value, of great value, in itself; of perhaps 

 greater value still, as the best, the only safeguard against violation of the restriction 

 which prohibits the approach of the American fishermen within three miles of the 

 shore. 



Your memorialists deprecate all negotiation all compromise on the subject. The 

 Americans will not, probably they cannot, grant an equivalent for the privileges 

 they seek, and the only security for the colonies is the entire abandonment of the pres- 

 ent negotiations. 



Your memorialists most earnestly entreat your Majesty that the existing fishery 

 restrictions will be preserved in their letter, and that your Majesty's power may be 

 put forth to prevent their violation. 



And your petitioners, as in duty bound, will ever pray, &c. 



92909 S. Doc, 870, 61-3, vol 3 '41 



