247 



The aforesaid line is a degree of latitude in length; and as far as reli- 

 ance can be placed on the only maps (English ones) in the possession 

 of the undersigned on which this doast is distinctly laid down, it would 

 exclude vessels from fishing grounds which might be thirty miles froia 

 the shore. 



"Lord Abet-deen, in his note of the 10th instant, on the case of the 

 'Argus,' 9bserves that, 'as the point of the construction of the conven- 

 tion of 1818, in reference to the right of fishing in the Anglo-American 

 dependencies by citizens of the United States, is treated in' another note 

 of the undersigned of this date, relative to the case of the 'Washington,' 

 the undersigned abstains from again touching on that subject.' 



" This expression taken by itself,. would seem to authorize the expect7 

 ation that the waters where these two vessels respectively were cap- 

 tured would be held subject to the same principles, whether of restric- 

 tion or relaxation, as indeed all the considerations which occur to the 

 unders^ned as having probably led her, Majesty's government to the 

 relaxation in reference to the Bay of Fundy exist in full and even su^ 

 perior force in reference to the waters on the northeastern coast of Cape, 

 Breton, where the 'Argus' was seized. But if her Majesty's provincial 

 authorities are permitted to regard as a 'bay,' any portion of the sea 

 which can be cut off by a direct line connecting two points of the coast, 

 however destitute in other respects of the character usually implied by 

 that name, not only will the waters on the northeastern coast of Cape 

 Breton, but on rnany other parts of the shores of the Anglo-American de- 

 pendencies, where such exclusion has not yet been thought of, be pro- 

 hibited to American fishermen. In fact, the waters which wash the 

 entire southeastern coast of Nova Scotia, frbm Cape Sable to Cape 

 Canso, a distance on a straight line of rather less than three hundred 

 miles, would in this way constitute a bay, from which United States 

 fishermen would be excluded. 



" The undersigned, however, forbears to dwell on this subject, being 

 far from certain, on a comparison of all that is said in the two notes ot 

 Lord Aberdeen of the 10th instant, as to the relaxation proposed by 

 her Majesty's government, that it is not intended to embrace the waters 

 of the northeastern coasts of Cape Breton, as well as the Bay of Fundy. 



" Lord Aberdeen, towards the close of the note in which the purpose 

 of her Majesty's government is communicated, invites the attention of 

 the, undersigned to the fact that British colonial fish is, at the present 

 time, excluded by prohibitory duties from the markets of the United 

 States, and suggests that the moment at which the British government 

 are making a liberal concession to United States trade, might be deemed 

 favorable lor a counter concession on the part of the United States to 

 British trade, by the reduction of duties which operate so prejudicially 

 to the interests of British colonial fishermen. 



" The undersigned is of course without instructions which enable him 

 to make any definite reply to this suggestion. It is no doubt true that 

 the British colonial fish, as far as duties are concerned, enters the 

 United States market, if at all, to some disadvantage. The government 

 of the United States, he is persuaded, would gladly make any reduction 

 in these duties which, would not seriously injure the native fishermen; 

 but Lord Aberdeen is aware that the encouragement of this class of 



