102 ARGUMENT OF GREAT BRITAIN. 



objection to making any concession, even in regard to the Bay of 

 Fundy. said (British Case, App., p. 136) : 



" When however I perceive that Mr. Everett, in his note of the 25th 

 May 1844, addressed to Lord Aberdeen admits that (in estimating the 

 distance of three miles from the shore within which American fish- 

 ermen are not permitted to approach) it is ' the intent of the treaty, 

 as it is in itself reasonable to have regard to the general line of the 

 coast and to consider its bays creeks and harbours, that is the indenta- 

 tions so accounted, as included within that line,' which I take to be 

 an acquiescence in the opinion of Messrs. Dodson and Wilde," that the 

 distance within which American fishermen must not approach is three 

 miles from a line drawn from headland to headland, taking the gen- 

 eral configuration of the coast; I cannot but conceive that a great 

 portion of what I have contended for, (in my despatch No. 75, date 

 May 8th, 1841, addressed to Lord John Russell) on the part of the 

 province, is conceded, and it is therefore my unreserved opinion, pro- 

 vided always that this interpretation of Mr. Everett's phraseology 

 be correct, that that which is now asked by the Americans may be 

 granted, without evil consequences, if due care be taken that no fur- 

 ther pretensions can hereafter be founded on the concession." 



On the 10th March, 1845, Lord Aberdeen addressed the following 

 letter to Mr. Everett (British Case, App., p. 141) : 



" The undersigned will confine himself to stating that after the 

 most deliberate reconsideration of the subject, and with every desire 

 to do full justice to the United States, and to view the claims put 

 forward on behalf of United States' citizens in the most favorable 

 light, her Majesty's government are nevertheless still constrained to 

 deny the right of United States' citizens, under the treaty of 1818, to 

 fish in that part of the Bay of Fundy which, from its geographical 

 position, may properly be considered as included within the British 

 possessions. 



"Her Majesty's government must still maintain, and in this view 

 they are fortified by high legal authority, that the Bay of 

 116 Fundy is rightfully claimed by Great Britain as a Bay within 

 the meaning of the treaty of 1818. And they equally maintain 

 the position which was laid down in the note of the undersigned, 

 dated the 15th of April last, that, with regard to the other bays on 

 the British American coasts, no United States fisherman has, under 

 that convention, the right to fish within three miles of the entrance 

 of such bays as designated by a line drawn from headland to head- 

 land at that entrance. 



" But while Her Majesty's government still feel themselves bound 

 to maintain these positions as a matter of right, they are nevertheless 

 not insensible to the advantages which would accrue to both countries 

 from a relaxation of the exercise of that right; to the United States 

 as conferring a material benefit on their fishing trade; and to Great 

 Britain and the United States, conjointly and equally, by the removal 

 of a fertile source of disagreement between them. 



" Her Majesty's government are also anxious, at the same time that 

 they uphold the just claims of the British crown, to evince by every 



a Tlie English law officers. 



