180 THE ABGUMENT OP THE UNITED STATES. 



THE SITUATION FBOM 1852 TO 1854. 



The government of Lord Malmesbury was formed in 1852. 



Sir John Packington was secretary of state for the colonies, and 

 in May, 1852, he addressed a letter to the governors of the several 

 North American colonies, stating: 



Her majesty's ministers are desirous of removing all grounds of 

 complaint on the part of the colonies in consequence of the encroach- 

 ments of the fishing vessels of the United States upon those waters 

 from which they are excluded by the terms of the convention of 

 1818, and they therefore intend to dispatch, as soon as possible, a 

 small naval force of steamers or other small vessels to enforce the 

 observance of that convention. 



Mr. Webster, Secretary of State of the United States, was also 

 informed 6 that the British colonies complained " that the Government 

 declined to enforce the provisions of the fisheries convention of 1818, 

 thereby permitting American fishermen to encroach upon the best 

 fishing ground, from which under the legal construction of the treaty 

 they ought to be excluded." This complaint was lodged against the 

 former ministry, and it was reported that " with the recent change of 

 ministry in England, has occurred an entire change of policy." 



The Secretary of State, fearful lest there should be a complete 

 interruption of the extensive fishing business of the United States, 

 issued, under date of July 6, 1852, a public letter which appeared 

 July 19 in a Boston newspaper. Mr. Webster closed his letter, issued 

 for the purpose of warning American fishermen of the supposed 

 change of policy, with the words : 



Not agreeing that the construction thus put upon the treaty is con- 

 formable to the intentions of the contracting parties, this information 

 is however made public to the end that those concerned in the Ameri- 

 can fisheries may perceive how the case at present stands, and be upon 

 their guard. The whole subject will engage the immediate attention 

 of the Government.* 



The evidence before the Tribunal other than this statement in Mr. 

 Webster's public letter also completely refutes the assertion in the 

 British Case, that the view of Mr. Webster was in accord with the 

 present position of Great Britain. 



The publication of this letter by the Secretary of State occasioned 

 considerable commotion in the British Government, and Lord 



U. S. Case, 122; Appendix, 508. 



U. S. Case, Appendix, 507. 



U. S. Case, 122 ; Appendix, 507. 



* U. S. Case, Appendix, 510. 



British Case, 84. 



