QUESTION FIVE. 163 



the evils arising out of the misconstruction on the part of its provin- 

 cial authorities of their conventional obligations, and prevent the 

 possibility of the recurrence of similar acts." 



Lord Palmerston, in acknowledging the note of Mr. Stevenson, 

 stated that he had " lost no time in referring Mr. Stevenson's repre- 

 sentation to the secretary of state for the colonial department." 6 



Mr. Stevenson, in this note to Lord Palmerston, a copy of which 

 was now forwarded to the Provincial Government of Nova Scotia, 

 had stated the position of the United States with reference to the 

 interpretation of the renunciatory clause of the treaty. 



It is worthy to be noted that the foreign office of Great Britain, 

 at whose head was Lord Palmerston, did not answer the note of the 

 American minister by taking the position now contended for in the 

 British Case, that 



His Majesty's Government contend that the negotiators of the 

 treaty meant by " bays," all those waters which at the time every one 

 knew as bays.* 



On the contrary, the evidence bearing upon this period, is searched 

 in vain for any assertion of past or present jurisdiction over the 

 great outer bays. If there had been any claim of jurisdiction, the 

 Government of Great Britain would now have rested its reply thereon. 



The fact is, there never was any such assertion of jurisdiction, and 

 the Government of Great Britain proceeded to make inquiry from 

 the lieutenant-governor of the Province of Nova Scotia as to the 

 " proceedings of the provincial authorities of Nova Scotia towards 

 the vessels and citizens of that Republic [United States] engaged in 

 fishing on the coasts of that Province." 



THE HEADLAND THEORY. 



It will be instructive to examine in detail the position assumed by 

 the Province of Nova Scotia and the reasons therefor. 



The Assembly of Nova Scotia had taken up, through one of its 

 committees, the subject of the fisheries prior to the receipt by Lord 

 Falkland of the inquiry of Lord Russell. 



Lord Falkland, April 28, 1841, forwarded to Lord Russell a case- 

 stated " for the purpose of being referred to the Crown Officers in 

 England." * 



U. S. Case, 101-102 ; Appendix, 463. * British Case, 83. 



6 U. S. Case, 103 ; Appendix, 465. U. S. Case, 104 ; Appendix, 1043. 



c U. S. Case, Appendix, 463. 



