QUESTION FIVE. 177 



with the result of that reference, and that in the meantime the con- 

 cession must be understood to be limited to the Bay of Fundy. 



Lord Aberdeen in this last note makes reference to the fact that the 

 notes of Mr. Everett had been referred to the secretary of state 

 for the colonies. The Case of Great Britain now furnishes the ad- 

 ditional information, that Lord Aberdeen reached a decision in com- 

 plete accord with the contention of the Government of the United 

 States and so advised the secretary of state for the colonies. In the 

 note of Lord Stanley to Lord Falkland, which advised the Govern- 

 ment of Nova Scotia of the decision of the Government of Great 

 Britain, that "Her Majesty's Government therefore henceforward 

 propose to regard as bays in the sense of the treaty only those inlets 

 of the sea which measure from headland to headland at their entrance, 

 the double of the distance of three miles," he stated : 



I transmit to your Lordship herewith the copy of a letter together 

 with its enclosures which I have received from the foreign office upon 

 this subject, from which you will learn the general views entertained 

 by Her Majesty's Government as to the expediency of extending to 

 the whole of tne coasts of the British possessions in North America 

 the same liberality with respect to United States fishing boats as Her 

 Majesty's Government have recently thought fit to apply to the Bay 

 of Fundy. 6 



Inasmuch as this note from Lord Stanley actually enclosed a copy 

 of a letter from Her Majesty's principal secretary of state for for- 

 eign affairs, Lord Aberdeen, and, with the knowledge in mind that 

 the enclosure is not offered in evidence by Great Britain and has 

 not been produced, although requested by the United States, it is 

 surprising to read in the British Counter Case the statement that ; 

 "Afterwards the new Colonial Secretary, Lord Stanley, not appar- 

 ently appreciating the value of the Bays as fishing grounds, suggested 

 to the Governors of Nova Scotia and New Brunswick a further 

 relaxation." 



The evidence establishes that Lord Stanley was formally instructed 

 by the British Government to communicate their views to the prov- 

 inces, although the request is withheld from the evidence. 



After the receipt of this letter from Lord Aberdeen enclosed in 

 the note from Lord Stanley, Lord Falkland stated in his letter of 

 July 2, 1845, to Lord Stanley: 



I earnestly hope that if any further privileges injurious to the local 

 interests of the inhabitants of this colony are accorded to the fisher- 



U. S. Case, 117 ; Appendix, 506. c British Counter Case, 53. 



British Case, Appendix, 145. 



