272 



" The notice published by Mr. Webster was of the same character 

 and effect Since that time, the Mississippi, a steam war frigate xjf 

 the United States, has been ordered to those waters to cruise there 

 for the protection of American fishermen in the enjoyment of their jvst 

 rights. Thus ends the whole story of these transactions about the fish- 

 eries. The difficulties on the fishing grounds have 'this extent— no 

 more : ' they are the wonder of a day, and no more." 



Again : in explanation of the charge of a senator, that Mr. Webster 

 had conceded too much in his official notice of July 6, he said: "Now, 

 here is Mr. Webster's language. After quoting the treaty, he says : 



" ' It would appear that, by a strict and rigid construction of this article, 

 fishing vessels of the United States are precluded from entering into 

 the bays,' &c. 



"And in the same connexion he adds: 



"'It was undoubtedly an oversight in the convention ^1818 to make so 

 large a concession to England. ' 



" That is to say, it was an oversight to use language in that conven- 

 tion which, by a strict and rigid construction, might be made to yield 

 the freedom of the great bays. 



" It is, then, a question of mere verbal criticism. The Secretary does 

 not admit that the rigorous construction is the just and true one; and 

 so he does not admit that there is any 'concession' in the sense of 

 the term which the honorable senator adopts. Now, other honorable 

 senators, if I recollect aright — and particularly that very accurate 

 and exceedingly strong-minded senator, the gentleman from Massa- 

 chusetts, (Mr. Davis) — conceded that the treaty would hear this rigorous 

 construction ; insisting, nevertheless, just as the Secretary of State did, 

 that it was a forced and unjust one. " 



To refute the many rumors relative to an adjustment of the difficul- 

 ties, as well as to repel the imputation of treating under duress, he 

 declared that " no negotiation has been had between the President of 

 the United States and the English government. No negotiation is now 

 in progress between the two governments. No negotiation has been in- 

 stituted between the two governments for any purpose whatever. No 

 overture of negotiation has been made by the British government since 

 the last year, and no overture has been made by the American -to the 

 British government. So, then, it appears that nothing has been nego- 

 tiated away at the cannon's mouth, because there has been no negotia- 

 tion at all, either at the cannon's mouth or elsewhere. There has not 

 been any negotiation under duress, because there has been no pretence 

 of a design by the imperial government to enforce its rigorous con- 

 struction of the convention of 1818, or to' depart from the position of 

 neutrality, if I may so call it, always heretofore maintained." 



On the subject of reciprocity, he considered that "the indiggtions are 

 abundant that it is the wish of the Senate that the Executive should 

 not treat upon this subject, and I think wisely. I agree on that point 

 with^my honorable and distmguished friend from Massachusetts, (Mr. 

 Davis.) What the colonies require is some modification of commercial 

 regulations which may affect the revenue. That is a subject proper to 

 be acted upon by Congress, not by the President, if it is to be acted 

 upon at all. It must not be done by treaty. Wb seem to have courted 



