176 THE ARGUMENT OP THE UNITED STATES. 



When a few years later, just preceding the reciprocity treaty of 

 1854, a discussion between the two Governments arose as to the na- 

 ture of the orders, in respect of the fisheries, of the Admiralty to Her 

 Majesty's force in the North Atlantic, the statement was made by 

 Lord Malmesbury that " the British Government did not intend to 

 assert any new principle," but " that an armed force was sent there 

 at this time to keep the American fishermen three miles from the 

 British shores in accordance with the provisions of the Convention 

 of 1818." a The orders issued by Vice- Admiral Seymour, which 

 Lord Malmesbury stated were not intended to assert any new prin- 

 ciple, were not to detain vessels unless found trespassing within three 

 miles of land;* and Lord Malmesbury in a note to Mr. Crampton, 

 August 11, 1852, referring to the instructions issued to Vice- Admiral 

 Seymour, stated: 



Her Majesty's Government will at once adopt the precaution of 

 repeating the instructions on which during a long series of years 

 British admirals cojnmanding on the North American station have 

 invariably acted. 



It is necessary, in connection with this period, that it should be 

 clearly understood that Mr. Everett, in behalf of the Government of 

 the United States, did not accept the decision of the British Govern- 

 ment in reference to the waters of the Bay of Fundy as a concession. 



The Earl of Aberdeen in a note dated April 21, 1845, acknowledged 

 the receipt of two notes from Mr. Everett relative to the case of the 

 Argus and that of the Washington, and advised Mr. Everett that 



those notes have been brought under the consideration of Her Maj- 

 esty's secretary of state for the colonies, and the undersigned post- 

 pones, therefore, replying to their contents until he shall become 

 acquainted with the results of that conference. 



In the meantime, however, the undersigned thinks it expedient to 

 guard himself against the assumption of Mr. Everett that it may 

 have been his intention by his note of the 10th ultimo to include other 

 bays on the coast of British North American provinces in the relaxa- 

 tion which he therein notified to Mr. Everett as to be applied hence- 

 forward to the Bay of Fundy. That note was intended to refer to 

 the Bay of Fundy alone.* 



Mr. Everett accordingly advised the Secretary of State that 



I received last evening the answer of his lordship, informing me 

 that my two notes had been referred to the colonial office and that a 

 final reply could not be returned till he should be made acquainted 



a U. S. Case, 123 ; Appendix, 516. c British Case, Appendix, 172. 

 11 U. S. Case, Appendix, 1082. <*U. S. Case, 117; Appendix, 505. 



