10^ 



" In iL'fei'iiiico to the case of tlie ' Wrt.sliiiiyuni,' and those of a similar nature which have formerly 

 oceiincil, thi^ unilur.sitjnud cimiiut liut voniaik upon the impropriety of the conduct of the Colonial 

 aullioritlL's in nndi'rliikini^-, witlioiit dircMilJDns fioni Her JIajesty's Oovernniunt, to set up a new 

 constnictiiin uf a Treaty lielwuen tlii' rnited SliiK's and Knyland, and in prcjceeding to act upon it hy 

 the forcible seizure of American vessels. 



" Such a summary [aoeedure could, only lie justilied by a case of extreme necessity, and where 

 s<iiii(' Ljrave and iuipeuding miscliief re([uired to bo averted without dcla}\ To proceed to the capture 

 111' vessels of a fiicndly Tower, for taking a few iish within limits alleged to be forbidden, although 

 allowed by the express terms of the Treaty, must be regarded as a very olijecliouable stretch of 

 provincial authority. The ca.se is obviously one for the consideration of the two Governments, and in 

 wliich no disturbance of a right, exercised without <|uestion for fifty years fi'om the Treaty of 1783, 

 ought to be attempted by any subordinate authority. Even Her Majesty's Government, the under- 

 signed is convinced, woidd not proceed in such a case to violent measures of suppression, without 

 some under.standiiig with tlie Government of the United .States, or, in the i'ailure of an attempt to 

 come to an understanding, witliout due notice given of the course intended to be pur.sued. 



"The undersigned need not mge upon Lord Aberdeen the desirableness of an authoritative 

 interv(!ntioii, on the part nf ilur Majesty's (ioverunient, to put an end to tlie proceedings complained 

 of TJR' I'resident of the United .States entertains a conlident expectation of an early and ei[«itablo 

 ailju.stiiient of the ditlicidties wiiich have lieen now lur s(i long a time under t1ie consideration of Her 

 Majesty's (loverinnent. Tiiis expectation i.s tlie result of the rrcsidenl's reliance uiion the sense of 

 justice of Her Majesty's Gnvernment, and the fart tliat, from the year 1818, the date of the Conven- 

 tion, (uitil sume years after llu! attenijits nf the ]iiiivincial autlinrities to restrict the riglils of American 

 vessels by ('nlmiial legislalinu, a jirin-tit'iil emistruction was given to the 1st Article of tlie (,'onventinn, 

 ill accordance witli tlie obvious purport of its terms, aim settling its meaning as understood by the 

 United Stales. 



"The undersigned avails himself of ihi.s opportunity to tender to Lord Aboideeu the assurance of 

 his distinguished coiisideralinii.' 



Lord Adeuhees to Mr. Evi;Rr.TT, Ai'Ril 1.", 1S44. 



"Mr. Everett, in submitting this cases does not cite the worils of tlie 'I'reat}, Imt states in general 

 terms thai, liy the Lst Article nf the .saiil Treaty, the United .States renounce any lilieity lieretofnre 

 enjoyed or claimed by their inhabitants to take, dry, or cure lisli on or within three miles ul' any of the 

 coasts of ][er Majesty's domiiiidiis in America. I'pon reference, lidwever, to the words of the Treaty, 

 it will be seen that American vessel* have no right to hsh, and indeed are expressly debarred from 

 lishing, in any bay mi the coast of Xova Scotia. 



" The words nf the Treaty of (tctober, 1818, Article L run thin : — 



"'Anil, the United Stales hereby renounce for ever any liberty heretnfore enjoyed or chiimed hy 

 the inhabitants thereof, to /k/.v, ilry, or cure tisli, on or iri/hiic lltnc iinn-iii'- miles of any coasts, haiiK, 

 creeks, or harbours of His P.ritannic Maji'sty's dominions in America, not included within the above- 

 iiieiitioned limits; that is, Newfoundland, Lalirador, and other parts separate from Nova Scotia: 

 provided, however, that the American lishernicu shall be ml nutted to eutir such bays or harliouvs for the 

 purpo.se of shelter,' i*ce. 



" ft is thus clearly jirovidcd that American fishermen shall not take (i--li within three marine miles 

 of anv liay of Xova Scotia, iv:e. If the Treaty was intended to stipulate simply that American tisher- 

 nieii should not take tisli within three miles of the coast of Xova Scotiii, i^c, there was no occasion for 

 using the word ' bay ' at all. Hut the proviso at the end of the article .shows that the word ' bay ' was 

 il.se I designedly; for it is expressly slateil in the proviso, that, under certain circumstances, the 

 American lishermen may enter ?.(')/■; ; by which it is evidently meant that they may, under those 

 eircuiiistances, ])ass till' sea-line which loinis the entrance of the bay. The undersigned npprchends 

 that this construction will be admitted by Mr. Everett." 



"Mi;. l',vi;i!Kn' to Lohh Aiii;i;iii;i:n, M.w l'.", 1844. 



" The undersigned liad rciuarkeil in his note of thi' IDth August la.st, on the iiiiiirii)iriety of the 

 conduct of the Colonial imthoritic's in proceeding, in reference to a i[iicstioii of constniction of a Treaty 

 peiidiii'.,' between the two countries, to decide the i|iiesti(iii in their own favour, and, in virtue of tli.it 

 decision, to order the ea|itiire of the \cssels of a trieiiiilv Stale. A summary exercise of ]iower of this 

 kind, the undersigned is sure, woiiM never be resorted to by Her ^Majesty's Government, execiit in an 

 extreme case, while a iiegoliatioii w.H. in train on the jioiiit at issue. Such ti procedure on flie [lart of 

 a local Cohuiial aiilhority is, of com e. highly objection, ible : and the undersigned cannot Init again 

 invite the attention of \.n\d .Vberdeeii to this view of t!ie .subject. 



" With respect to the main nee-ti'in, of the right of American vessels lo lisli v.ilhiii the ackiiow- 

 led'ji'il limits of the !', .y of Kiindy, it is necessary, for a clear understanding of the ease, to go b.ick to 

 the 'I'reaty of IV.'^.'J. 



" tly this Tr.>aty it was provided, thai ihe cili/elis oi the rniled Slates shoiihl be allowed ' to take 

 tl.sh of livery kind mi sucli ]iart of the coast of Newfoundland as ISritish lishermen sliall use, but not 

 to drv or cure the same oil that island; and also on the coasts, bays, and creeks of all oilier of his 

 ihilaiinie Alajesty's ilomiiiioiis in Ane lici : and that lli ■ .\iiierica:< lisheriiu^n sliall li.ive liberty to dry 

 and cure Iish in any of tlie unsettled bay-, harbmii's, and 'reeks of No\a Seolia, Magdahii Inlands, and 

 Labrador, so loii',' as the same shall remain uiisetlleil ; but .so soon as the .same, or eitiier of tiieni shall 

 be settled, it shall not bi? lawful for tlie sniil lisheriiieii to dry or cure Iish at such settlement, witiicaa 

 a pwivious agrceiiient for that purpose with the inhabitants, jiroprietoi's, or possessors of that ground.' 



