QUESTION FIVE. 181 



Malmesbury, then secretary of state for foreign affairs, in an inter- 

 view with Mr. Lawrence, the American minister, August 7, 1852, 

 stated : 



That the British Government did not intend to assert any new 

 principle but only to protect the rights of the colonists in the fisher- 

 ies, which had been neglected by their predecessors. That what had 

 been done had been done at the urgent request of the colonists them- 

 selves; that the concessions made by Lord Aberdeen of the right to 

 fish in the Bay of Fundy were fully recognized by the present govern- 

 ment, and would not be withdrawn; that an armed force was sent 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. That the orders were the same both with respect to French 

 and the American fishermen, and finally that Her Majesty's Govern- 

 ment did not intend by sending an armed force into those waters to 

 ive offence either to the Government or to the people of the United 

 tates, the sole object being to maintain the neglected rights of the 

 colonists. 



The evidence is now furnished in the British Case, although the 

 orders are withheld, that the orders to be issued by Lord Malmesbury, 

 whatever their nature, were to be in harmony with the instructions 

 issued during a long series of years by Her Majesty's Government : 



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

 repeating the instructions on which during a long series of years 

 British admirals commanding on the North American station have 

 invariably acted, and they will further instruct Sir George Seymour 

 to use the utmost forbearance and moderation in dealing with such 

 American vessels as may be found manifestly infringing the terms 

 of the treaty. 



It is almost needless to add that in regard to the Bay of Fundy 

 where a special permission to fish has been granted to American 

 fishermen, their vessels will be in no way interfered with, but it 

 must be understood that the three mile limit from the shore will as 

 before be maintained. 6 



Vice- Admiral Seymour, who was in command of the British vessels 

 on the North Atlantic station, on August 23, 1852, in a note to Lieu- 

 tenant-Governor Le Marchant, who had succeeded Lord Falkland 

 in Nova Scotia, stated : 



I have the honor to forward your excellency a copy of statements 

 made to the officers of the hired armed tender Telegraph as I think it 

 right you should be informed of the notices which are said to have 

 been issued to the fishing vessels of the United States, by the com- 

 manders of the provincial vessels employed for the protection of the 

 fisheries; and I am not aware of the lines therein described having 

 been sanctioned by authority. 



U. S. Case, 123; Appendix, 516. 

 6 British Case, 125 ; Appendix, 172. 

 U. S. Case, 126 ; Appendix, 1078. 



