QUESTION FIVE. 109 



the effect of limiting the exclusion for fishing purposes to bays, 

 creeks, or harbours of that class. 



123 The memorandum, it will be observed, was never finished, 

 and it is impossible to say how far Mr. Webster, if he had 



finished it, would have modified the expressions on which the Case 

 for the United States relies. It may be presumed, for example, that 

 he would have corrected the following very important sentence re- 

 ferring to the negotiation of the 1818 treaty (United States Case, 

 App., p. 529) : 



"On the contrary, it will be found that all their conferences, all 

 their conversations, and all memoranda upon the subject, are con- 

 fined to the fishing within the three miles from the shore, and the 

 curing & drying of fish on the shore. It is clear therefore, that the 

 words of the Treaty are to be explained by reference to this plain 

 and indubitable understanding of the parties." 



All the assumptions made in this passage are without foundation, 

 and further enquiry would have satisfied the author that the basis 

 upon which he thus rested his conclusion was quite unsound. 



The acceptance by the United States of Lord Aberdeen's letter as 

 a settlement is evidenced also by the action of the Commodore of the 

 United States war-vessel in 1852. In the season of that year a Brit- 

 ish fleet under Vice- Admiral Seymour was engaged in patrolling the 

 fishing grounds; and one of his Commanders (Campbell) was par- 

 ticularly employed in keeping American fishermen out of the Bay of 

 Chaleurs. (British Case, App., p 190.) 



Commodore Perry, of the United States navy, was, at the same 

 time, engaged in observing the operations of the British vessels ; and 

 both the British Vice-Admiral and Commander Campbell have left 

 records of conversation with him. The Vice- Admiral (17th August, 

 1852) said (British Case, App., p. 192) : 



" The Commodore was disposed to admit that the proper limits 

 of the Bay of Chaleur were Miscon and Cape Despair & that the U. S. 

 vessels should keep 3 miles beyond a line drawn between those points 

 but as I observe Capt. Bayfield states the northern boundary is gen- 

 erally considered Point Macquereau it is probable the Americans may 

 claim it as the northern limits of the bay. 



" I observed that the same principle which he was disposed to apply 

 to the Bay of Chaleur should attach as against fishing purposes to 

 Georges Bay, at the western end of the Gut of Canso. The Commo- 

 dore did not dissent nor did he agree further to this observation 

 than in allowing the immediate headlands of bays to form their 

 proper boundaries." 



124 In a report of the operations of the following year (21st 

 July, 1853), the Vice- Admiral said (British Case, App., p. 



202) : 



" Commodore Perry, in 1852, although not officially authorized to 

 establish what were fishing-grounds open to his countrymen, did not 



92909 S. Doc. 870, 61-3, vol 8 25 



