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of tho TTnitod Stntcs. It ia one, moreover, wliirh would lend to the alifindonment, to n f»rent extent, nf 

 a highly important branch of American industry, which could not for a mouient bo iidmittwl by llio 

 Govcnuncnt of the United States." 



Lord Palmcrstoii acknowledges the receipt of this note, and states that he has 

 referred tb.e matter to the Secretary of State for the Colonial Department. Here 

 the matter rested, no definite understanding seeming to have arisen between the 

 two Governments. 



On May 10, 1843, the American schooner "Washington," belonging to New- 

 buryport, INIassachusetts, was seized in the Bay of Fundy by an officer of the 

 Provincial Customs, and carried into Yarmouth, Nova Scotia, on account of alleged 

 violation of the provisions of the Treaty. The " Washington " was, at the time of 

 her seizure, within the Bay of Fundy,' but distant ten miles from the shore, as 

 appears from the deposition of William Bragg, one of her crew : — 



" I further depose and say, that at no i ime while I was on board said schooner did we, or any of us, 

 take or attempt to take tish within trii viilrt; nf (hr cona/nf Xnni Scotia, ]\^i'ir linnisvick, or of tho inlanih 

 helnnffinfi to cit/iir of those pivrhicrs ; that the plnoe where said schooner was taken ])(iss(wsion of, as 

 aforesaid, was opposite to a place on the coasts of Nova Scotia, called O'v/lircr's Hale, and is distant 

 from Annapolis-(!ut abnut lit'teen miles, the said tJullivcr's Hole being to the south-westward of said 

 Annapolis-Gut." 



This seizure of the " Washington " was the cause of a special Message of 

 President Tyler to the United States' Senate, February 28, lS4r). 



The correspondence between Mr. Kvcrett, the American Minister, and Lord 

 Aberdeen, shows the positions taken by the two Governments: — 



Mr. Everett to Lord AnERDEEX, Arc. 10, 1843. 



" The undersigned, Envoy Extraordinary and Minister I'leniiMtentiary of the United States of 

 America, has the honour to transmit to the Earl of Aberdeen, Her ilajesty's Principal Sttcretary of 

 State for Foreign Affairs, the accompanying papers relating to the seizure, on the lUth of M;iy la.st, on 

 the coast of Kova Scotia, by an oflieer of the Provincial Customs, of tho American tithing schooner 

 'Washington,' of JCewburyport, in the Stnto of Massachusetts, for an alleged infraction of the stipida- 

 tions of the Convention of the 20th October, 1818, between the United Stites and (Jreal Ihitain. 



" It appears from the deposition of William IJragg, a .seaman on board the ' Washington,' that at 

 time of her seizure she was not within ten miles of tho coast of Xova Scotia. By the 1st Article of 

 the Convention above alluded to, tho United States renounce any liljerty heretofore enjoyed or claimed 

 by their inhabitants to take, dry, or cure fish on or within three marine miles of any coast of Her 

 Majesty's Dominions, in America, fi>r which express jirovision is not made in tho saitl -Vrticle. This 

 renunciation is the only limitation existing on the right of lishing upon the coasts of Her Majesty's 

 Dominions in iVmerica, secured to tlie people tif the United Stales by the Ilird Article of the Treaty 

 of 1783. 



" The riglit, thercfure, nf fishing on any iiart of the mast of Xova Scotia, at a greater distance 

 than three miles, is so plain tiiat it woidd be ditlicult to conceive on what ground it could 1* drawn in 

 (juestion, had not attempts been already made by the provincial authorities nf Her Majesty's Colonies 

 to interfere with its exercise. These attempts have formed the suliject of repeated complaints on the 

 part of the Government of the United States, as will appear from several notes addressed by the 

 predecessor of the undei-signed to Lord Palnierston. 



" From tlie eunstruction attempted to be plaeeil, on fnrnier occasions, upon tlie Isi .Article of the 

 Treaty of ISIS, by the Cnlonial iiutticivities, the uudeisi'^niMl sujijioses that the ' AVaslMn^icn ' wns 

 seized Ijocausc^ she was fouml fishing in tlie liay of fundy. ami un llie ^rcjund thiil the liiu.'S witiiin 

 which American ves.-;els are forbidden to lisli are to nm from licailland to headland, and ikiI to follow 

 the .shore. It is plain, however, that neither the words nor the spirit of the Convention admits of any 

 such construction ; nor, it is b'li-'ved, was it .set up by the ])riivincial authorities for several yeais after 

 the negotiation of that instnniiei.t. A glance at the ma]i will show Lord Aberdeen that there is, 

 perhaps, no part of the great extent of the sea-coasts of Her JIajesty's possessions 'in America in 

 which tlie rij^ht of an .Vnierioau vessel to fish can be subject to less doubt than that in which the 

 'Washington ' was seized. 



"For a full statement of the nature l^f the comjilaints which have, from time to time, been made 

 by the (iovernment of the Uniteil States against the proceedings of the Colonial authorities of (ireat 

 Britain, the under.signed invites the attention of Lord Aberdeen to a note of Mr. Stevenson, addressed 

 to Lord Palnierston on the 27th JIarch, 1841. The receipt of this note was acknowledged by Lord 

 Palmerston on the 2nd April ; and Sir. Stevenson was informed that the suliject was referred by his 

 Lordship to the Secretary of State for the Colonial lJe|iartnient. 



"On the 2Stli of tlie same month, Mr. Stevenson was furtlier informed by Lord Palmerston that 

 he had received a letter from the Colonial l-)eiiiirtnient, a('(|iiaiiitiiig his Lordship that Jlr. Stevenson's 

 communication would be forwarded to Lord Falkland, with instructions to inquire into the 

 allegations contained therein, and to furnish a detailiil re]]ort upon tli(' subject. The undersinued 

 does not find on tlie files of this Legation aii}' t'uillier iciiimiiiiiieation from Lord Pidnierslon, 

 in reply to Mr. Stevenson's letter of the 27th Slarcli, It'll ; mid he believes that letter .still remains 

 ■manswered. 



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