QUESTION FIVE. 99 



112 and added: 



"I have to request that your Lordship would inform me 

 whether you have any objections to offer, on provincial or other 

 grounds, to the proposed relaxation of the construction of the Treaty 

 of 1818 between this country and the U. States." 



Xova Scotia and New Brunswick did object, and Lord Stanley 

 wrote to the Governor of Nova Scotia (17th September, 1845) : 



" Her Majesty's Government have attentively considered the repre- 

 sentations contained in your Despatches Nos. 324 & 331, of the 17th 

 June and 2nd July, respecting the policy of granting permission to 

 the fishermen of the IT. States to fish in the Bay of Chaleurs and 

 other large bays of a similar character on the coasts of N. Brunswick 

 and Nova Scotia, and, apprehending from your statements that any 

 such general concession would be injurious to the interests of the 

 British North American Provinces we have abandoned the intention 

 we had entertained upon the subject, and shall adhere to the strict 

 letter of the Treaties, which exist between Great Britain and the 

 U. States relative to the fisheries in North America, except in so far 

 as they may relate to the Bay of Fundy which has been thrown open 

 to the Americans under certain restrictions." (British Case, App., 

 p. 151.) 



It is submitted that this correspondence most clearly shows that 

 the British Government had no doubt whatever as to their right 

 under the treaty, and that there is no colour for the suggestion that 

 the proposed relaxation proceeded from any hesitation as to the 

 rights of Great Britain, or from any cause other than a desire to 

 avoid friction. 



That no formal reply was made by the British Government to Mr. 

 Stevenson's letter of the 27th March, 1841, appears to have been due 

 to the fact that the British Foreign Office were under the impression 

 that there was no intention upon the part of the United States to 

 press Mr. Stevenson's point ; for in a letter which the Colonial Secre- 

 tary (Lord Stanley) sent to Lord Falkland (29th November, 1842) 

 he said : 



" I enclose for your information a copy of the Report, which on 

 the 30th August was received from the Queen's Advocate and Her 

 Majesty's Attorney General, on the case drawn up by Your Lord- 

 ship ; since that date the subject has frequently engaged the attention 

 of myself and my colleagues, with the view of adopting further meas- 

 ures if necessary, for the protection of British interests in accordance 

 with the law as laid down in the enclosed Report. We have, how- 

 ever, on full consideration come to the conclusion, as regards the 

 Fisheries of Nova Scotia, that the precautions taken by the 



113 Provincial Legislature appear adequate to the purpose, and 

 that being now practically acquiesced in by the Americans, 



no further measures are required." (United States Case, p. 108.) 



