The Express.
London, England, 1852-08-20 00:00:00

SOUTH AMERICA.

A correspondent writes as follows :
PANAMA, JOLT 21.
The engineers Messrs. Gisborne and Ford, sent
by Messrs. Fox sod Henderson, who came out
to this country to survey the Isthmus of
Darien geL the proposed canal, landed at Puerto
Emcee, o the Atlantic side, and, after pro-
ceeding inland some six miles, were obliged by
the Indinns to return, when they came to Panama'
chartered a small vessel, and proceeded to the Gulf
of San Miguel on the Pacific, entered the River
Savannah which they were able to navigate about
20 miles, when they landed, and proceeded on foot
to within a very few miles of the point they had
previously reached from the Atlantic, without en-
countering any elevation of more than 100 feet.
Both the above gentlemen have suffered greatly
in health, and return to England. The Panama
railroad is now in working order as far as Barba-
coos, five miles below Gorge's, and passengers
can very easily arrive at Cruces the same
day they leave Aspinwall (Navy Bay).
The United States steamer Pioneer arrived here
on the 12th inst., making two and a half feet water
per hour, and only kept afloat by the engine being
kept in motion and taking condensed water. This
steamer had been on a rock at Talcalmano, and on
examining her with divers at the Island of Taboga
(in this bay), found fore-part of keel and stem
knocked away, planks in fore-part of ship very btully
damaged, and bolts sticking out a foot and a MIL
Without the least repair and in this state, the
Pioneer left Taboga with 250 passengers on board,i
bound to San Juan en meta for California leaving
her commander, Captain Eldridge, who had come
overland to join her here, ho not daring to risk his
life in her.

The passage money to California from hero has
been down to 70 dol. saloon, and 15 dole. steerage,
in place of 250 and 150 do's. During the last ten
days the competition has boen very great between
the Mail Company and the opposition.
The Golden Gate arrived on the 10th inst. from
San Francisco, with 2,000,000 dole., gold dust, and a
large number of passengers. ThelVinfield Scott
arrived on the 11th, with a largo number of passen-
gers. The Columbia arrived on tho 15th inst. with
320,000 dole., and only 70 passengers.
The Peninsular and Oriental Company's steam-
ship, Bojota, arrived here on the 18th instant,
from Valparaiso and Callao, with 18 passengers, and
620,000 dole. in specie and bullion for England.
General Flores was at Joseflna, about three miles
from Guayaquil, but people entertain very little
hopes for him ; even his most sanguine friends be-
lieve him lost.

From Peril I learn on the best authority that
1,500 men had been sent to the south, but nobody
knows the object.
Governors have been sent to the Lobos Islands,
both Outer and Inner.

The Isthmus has been very sickly indeed lately,
more particularly Aspinwall, where people cannot
live, the climate at present being worse than ever
Chagres was, but thu may be remedied by filling in
the swamps.

Vbe Court.

OSBORNE, THURSDAY.
Her Majesty, Prince Albert, and the royal family,
walked in the grounds yesterday.
At the Privy Council held yesterday, the Marquis of
Granby was sworn in Lord Lieutenant of Lincolnshire.
The Lord Chancellor, the Earl of Derby, the Earl of
Malmesbury, Mr. Secretary Walpole, Sir John Pakington,
Mr. Herne', and the Duke of Northumberland, had au-
diences of the Queen.

At three o ciock, the whole of the noblemen and gentle-
men who had attended the Council embarked in the steam
vessel Fire Queen, and crossed over to Southampton.

The Chancellor of the Exchequer left town yesterday for
Hughenden Manor, Bucks.
Mr. Corry had an intirview with Mr. Secretary Walpole
yesterday at the Home-aka. Mr. R. Hall had also an in-
terview with the Right lion. Secretary.
Sir John Pakington left town for hie seat, Westwood
Park, yesterday.
The Cambridge University Commission hod a meeting
yesterday at the ealeial residence of the Pint Lord of the
Treasury. in Downing-street. Present—The Bishop of
Chaster, the Dun of Ely, Professor Sedgwiek, and the
Bev. W. H. Batman (secretary).
Despatches were seat yesterday to the Governors of Hong-
Kong and Ceylon, the Lord High Commissioner of the
lonian islands, and the Governor of Malta, from the

LORD COWLEY has within the last few hours u•
rived in London, where he purposes remaining for a brief
interval. The absence from Paris of her Britannic Ma-
jesty's Ambassad.,r, and his presence at this moment in
London, may naturally give rise to a variety of conjectures.
—Sun.

We announced some time since that parliament
would not meet till November. We believe we can now
state that it will assemble about the third week of that
month for the despatch of business.—Wo6e.

THE FORGERY BY A CLERGYMAN.

(TROY OUR

WORCESTER, THI/VADAT.

- -
The Rev. James Nisbett, charged with forging the
acceptance to a bill of exchange for 30W., up= which he
obtained a sum of 23.51. from Mr. W. 8. P. Hughes, attor-
ney, and coroner fur Worcester, was brought up again
yesterday afternoon, and formally remanded for final exa-
mination on Monday next, when witnesses are to be brought
from the London railway stations to prove that the party
represented by the prisoner se the drawer of the bill in
question is not, as was represented by him, a clerk at the
Nine Elms station, nor any other station in Loadon. It will
be remembered that it was proved at the previous exami-
nation of the prisoner, se reported in this paper last Mon-
day, that the whole of the bill—the acoeptanee, signature,
and body of the bill—was in the handwriting of ono person,
and that writing the banker's clerk had no doubt was the
prisoner's.
Since the publication of this case in the papers numerous
letters have been received in Worcester, which tend to show
that the prisoner is an expert windier. According to these
he was, in 1838, curate of Clenckwarten, Lynn, Norfolk,
when he uaisetuately prevailed apes the Bishop of Nor-
wich to peasant h at court, cad be was amaagy presented
to the (Mesa at eme of her Maleates lemon The appear-
ance of his rase in the list of promatadoss, however, led
to the dlecisearo of his real clantelse, sad the bishop die-
misted him hem his disease. A leMer bum Noma states
that a pima eft the some mew obtained a ormiderable sum
of messy from a bask at Iflkeestb ies m No years ago,
apes ea meepoonee pargestiog to be 'tined by a person
named Mbeball, at raddlagnia. Ha yea then curate at
Trey/my,
_bat doesended greatly in debt. Ten years ago
he was elosesaiiiiswgitlistery I. Leaden, and is an un-
licensed and In these previou
transactions be mpoosed as "bstlite. James Meach Nis-
betb" The oak eentlemes to excite gnat interest, as
I there are several ether parties in Woreestenhirs who have
been his victims.

ROBBERY AND MURDER.—The Court of Allis!,
of Marne-et-Loire tried four days two young women,
named Louise Panuesu and Appoline Aping, aline Poisson,
for the murder of an old man of 83, named Li/bmbing, of
the village of Dosagneaux. In 1861 he took Louts, who
was of indifferent character, into his service, and as she had
previously been connected with him, she at ones gained
such ascendancy over him that he mule a will leaving her
all he had ; he also confided to her a stun of 461 f. in cash,
for the expenses of the hoes. A very short time after he
began to be dissatiefioi with biz, and was particularly
displeased at her allowing who got her living
by begging, to sleep every t fa tho beam, in spite
of his espiess orders. In ormabor he thought fit
to examine into the state of his Imams, and was
astounded to find that a considerable portion el the
4611. had been got rid of. He bitterly easesei Louise of
rubbing him, threatened to discharge her, and sail he
would revoke his will. She at first took no notice of kis
reproaches, but at length became seriously alarmed on see-
ing that he was really in earnest. On 24th November be
again abused her, celled her thief, and declared that she
should leave his house that very day. Louise answered
contemptuously, " Oh, yes." At the some moment a
piercing cry was heard by the people in the mixt house, sad
then all became still. Two boon later Louise and the other
girl were seen breakfasting by the side of the old nuues
hod, and told a neighbour who went in not to make a noise
as he was fest asleep. A little later Louise went loth"'
next house, and said the old man was dead. On the
body bsds.g laid out scratches were found on the face and
hands, and (ruin marks on the throat there was reason
to believe that he had been strangled. But Look. pre-
vented a minute examination by hastening the funeral, and
the imspicionsof the neighbours that foul play had been ,
used did not reach the ears of the authority. Some time
alter this tho two accused quarrilled, and Appoline charm d •
the other with herb :g committed the sumer. She also
told a neighbour that she (Irma...) had got on to her mas-
ter as he lay in bed, and suffocated him by thrusting the
ad of a sheet into has mouth, end pressing on his. throat.
They were both arrested. Each, on being questioned, ac-
cooed time whir of having committed the crime ; but at last
it turned out Irom their conhorions and from the circum•
steamers of the ease that they had both perpetrated the mur-
der, and that it 'au on the instigation of Louise that Ap-
poliue had joined in the crime. The jury said that both
were guilty, but that there were extenuating circum-
stances in favour of both. The court sentenced Louise to
imprisonment sod lard labour for life, and Appoline to 20
years of the same punishment.

THE AMERICAN FISHERIES.

IMPORT FROM THE PRISSIDZST, &C. TO THIS SOLITE 07

ra■ UMMID
In answer to the resolution of the Senate, of
the 23rd alt., requesting information in regard to the
fisheries on the coasts of the British possessions in North
America, 1 transmit a wart from the Acting Secretary of
State, and the documents by which it was accompanied.
Commodore M. C. Perry, with the United States' steam
frigste Mirissippi wider his command, has been des-
patched to that quarter, for the purpose of protecting the
rights of American fi hermen, under the Convention of
1818. MILLARD FILLhIOII.E.
Washington, Aug. 2.

TO THE PRESIDENT OP THE UNITED STATES.
" The Acting Secretary of state, to whom has been re-
ferred the resolution of the Senate of the 22rd ult., request.
ling the President to communicate :titbit body, if not in-
compatible with the public interest, ' all correspondence on
file in the executive departments, with the government of
England, or its diplomatic representatives, since the con-
vention between the United States and Great Britain of the
20th of October, 1818, touching the fisheries on the coasts of
the British possessions in North America, and the rights of
citizens of the United States engaged in such fisheries, as
secured by said convention ; and that the President be
also requested (under like limitation), to inform the Senate
whether any of the naval forcer of the United States have
been ordered to the seas adjacent to the British possessions
in North America, to protect the rights of American fisher-
men, under said convention of 1818, since the receipt of in-
telligence that a largo and unusual British naval force had
been ordered there to enforce certain alleged rights of
Great Britain under said convention,' has the honour to
lay before the l'resident the accompanying papers. These,
together with those communicated to the Senate on the
28th of February, 1815, but which, it appears fr•)m the jour-
nal of that body, were not ordered to be printed, embrace
all the information possessed by this department on the sub-
ect of the said resolution. Respectfully submitted,
" W. littsrett, Acting Secretary.
" Department of State, Washington, August 2, 1852.

LIST OP ACCOMPANYING PAYEU4.
"Mr. Adams to Mr. Canning (with incloeures), 25th
June, 1825.
"Mr. Canning to Mr. Adams, Ist July, 1823.
"Mr. Addington to Mr. Adams (with iuclosures), 12th
October, 1823.
" Same to same, 10th June, 1824.
" Mr. Brent to Mr. Addington, Bth September, 1821.
" game to same, 21st September, 1824.
" Mr. Addington to Mr. Adams (with inclosure), 3rd Oc-
tober, 1824.
" game to same, 19th February, 1825.
" Mr. Brent to Mr. Vaughan, 2nd February, 1826.
" Mr. Vaughan to Mr. Clay, sth February, 1826.
" Same to same, 29th April, 1826.
" Mr. Bankhead to Mr. Forsyth (with inclosures), 6th
January, 1836.
" Mr. Forsyth to Mr. Bankhead, 18th January, 18.39.
" Mr. Bankhead to Mr. Forsyth, 19th January, 1836.
" House Doe. 186, 26th Congress, let Session.
" Mr. Everett to Mr. Calhoun (with incloenrea), 25th
March, 1845.

" Slime to same (with inclosures), 2nd April, 1845.
" Same to same (with inclosurts), 23rd April, 1845.
" Mr. Buchanan to Mr. Bancroft (one inclosure), 10th
December, 1846.
" Mr. Bancroft to Mr. Buchanan, 4th January, 1847.
" Mr. Crampton to Mr. Webster, sth July, 1852.
" Mr. Winter to Mr. Crampton, 14th July, 1852."
YR. EVERT:TT TO YR. CALHOUN.
(Extracts.)
' London, March 26, 1845.
"Sir,—You are aware that the construction of the first
article of the convention between Gr. ut Britain and the
United States of 1818, relative to the right of fishing in
the waters of tho Ai.glo.American dependencies, has long
been in discussion between the two governments. In-
structions on the subject were several timer addressed by
Mr. Forsyth to my predecessor, particularly in a despatch
of the 20th of February, 1811, which formed the basis of
en able and elaborate uote from Mr. Stevenson to Lord
Palmerston, of the 27th of the following month. Mr. Ste-
venson's representations were acknowledged and referred by
the Colonial-office to the provincial government of Nova
Scotia, but no other answer was returned to them.
"The exclusion of American fishermen from the waters
of the Bay of Fundy was the most prominent of the
grievances complained of on behalf of the United States.
Haying received instructions from the department in re-
ference to the seizure of the Washington, of Ncwburyport,
for fishing in the Bay of Fundy, I represented the cue to
Lord Aberdeen, in a note of the 10th of August, 1843. An
answer was received to the note on the 13th of April follow-
ing, in which Lord Aberdeen confined himself to stating
that by the terms of the Convention, the citizens of the
United States were not allowed to fish within three miles of
any bay upon the coast of the British American colonies,
and could not, therefore, be permitted to putsue their voca-
tion within the Bay of Fundy. I renlied to this note on
the 26th of May following, and endeavoured to show that it
was the spirit and design of the first article of the Conven-
tion of 1818 to reserve to the people of the United
States the right of fishing within three miles of the coast.
Some remark, on the state of the controversy at that
time will be found in my despatch, No. 130, of the 26th of
May last.
" On the 9th of October last, in obedience to your instruc-
tions, No. 106, I addressed a note to Lord Aberdeen in re-
ference to the case of the Argus, of Portland, which was
captured while fishing on St. Anne's hank, off the north-
eastern cast of Cape Breton. The papers relative to this
case left the precise grounds of the seizure of the Argus
in some uncertainty. It was, however, sufficiently appa-
rent that they were, to some extent at least, 'Huila/ to
those fur which the Washington had been captured.
" I r. ceived a few days since, and herewith transmit a
note from Lord Aberdeen containing the satisfactory intel-
ligence that, after a consideration of the subject, although
the Queen's government adhere to the construction of the
convention, which they have always maintained, they have
still come to the determination of relaxing from it, so far as
to allow American fishermen to pursue their avocation in
the Bay of Fundy. • • •
I thought it proper in replying to Lord Aberdeen's
note to recognise in ample terms the liberal spirit evinced
by her Majesty's government in relaxing from what they
consider their right. At the same time I felt myself bound
to say that the United States could not ace-pt as a mere
favour what they bad always claimed as a matter of right,
enured by the treaty."

LOUD ABEHDILIN TO MU. ETERZTT.
" Foreign office, March 10, 1845.
" The undersigned, her Majesty's principal Secretary of
State for Foreign Affairs, duly referred to the colonial de-
partment the note which Mr. Everett, Envoy Eztraordi-
nary and Minister Plenipotentiary of the United States of
America, did him the honour to address to him on the 25th
of May last, respecting the case of the Washington fishing
vessel, and on the general question of the right of United
States fishermen to pursue their calling in the Bay of
Fundy ; end having shortly since received the answer of
that department, the undersigned is now enabled to make
a reply to Mr. Everett's communication, which he trusts
will be found satisfactory.
"In acquitting himself of this duty, the undersigned will
not think it necessary to enter into a lengthened argument
I in reply to the observations which have at different times
been submitted to her Majesty's government by Mr. Ste-
venison and Mr. Everett on the subject of the right of fish-
ing in the Bay of Fundy, as claimed in behalf of the United
States citizens. The undersigned will confine himself to
stating that, after the most deliberate reconsideration of the
subject, and with every desire to do full justice to the
United States, and to view the claims put forward on behalf
of American citizens in the moot favourable light, her
Majesty's government are nevertheless still constrained to
deny the right of United States citizens, under the treaty
of 1818, to fish in that part of the Bay of Fundy which,
from its geographical position, may properly be considered
as Included within the British possessions.
" Her Majesty's government must still maintain, and in
this view they are fortified by high legal authority, that
the Bay of Fundy is rightfully claimed by Great Britain as
a bay within the meaning of the treaty of 1818. And they
equally maintain the position which was laid down in the
note of the undersigned, dated the 13th of April last, that
with regard to the other bays on the British American
coasts, no United States fisherman has, under that conven-
tion, the right to fish within three miles of the entrance of
such bays, as designated by a line drawn from headland to
headland at that entrance.

But while her ajea s government still feel them-
selves bound to maintain these positions so a matter of
right, they are nevertheless not insensible to the advantages
which would accrue to both countries from a relaxation of
the exercise of that right : to the United States, as co'.
ferring a material benefit on their fishing trade • and to
Great Britain and the United States conjointly and equally,
by the removal of a fertile source of disagreement between
them.

Her Majesty, government are also anxious, at the
same time that they uphold the just claims of the British
crown, to evince' by every reasonable concession, their
desire to act liberally and amicably towards the United
States.
The undersigned has, accordingly, mai pleasure in
announcing to Mr. liverett the determination to which
her Majesty's government have come, to relax, in favour
of the United States fishermen that right which Great
Britain has hitherto exercised, of excluding thew fisher-
men from the British portion of the Bay of Fundy, and
they are prepared to direct the colonial authorities to
allow henceforth the United States fishermen to pursue
their avocations in any part of the Bay of Fundy, pro-
vided they de nut approach, except in the eases 'peel-
lied, in the treaty of ISIS, within three miles of the en-
trance of any bay on the coast of Nova Scotia or New
Brunswick.

'' In thus communicating to Mr. Everett the:liberal inten-
tions of her Majesty's governenew, the undersigned desires
to call Mr. Ev,rett's attention to the fact that the produce
of the labour of the British colonial fishermen is at the pre-
' sent moment exeluded by prohibitory duties on the part of
the United States from the markets of that country ; and
the undersigned would submit to Mr. Everett that the
moment at which the British government are making a
liberal cones ion to United States trade might well be
deemed favorable for a counter concession on the part of
the United States to British trade, by the reduction of the
duties which operate so prejudicially to the interests of
the British colonial fishermen.
The undersigned has the honour to renew to Mr.
Everett the assurances of his high consideration.

“ Alizapanx.”

BVIRETT TO LORD ARRRDERN.
" arch
Grosve-placc M 25, 1845.
" The undenigned, Envoy E norxtraordinary and Minister
rlenipotentiary of tho United States of America has the

honour to acknowledge the receipt of a note r---;717.7,-;17,715t
from the Earl of Aberdeen, her MajelAy's principal Secre-
tary of State for Foreign Affairs, in reply to the communi-
cation of the undersigned, of the Irnli of :Slay last, On the
case of the Washington, and the construction given by the
government of the titian' Suites to the l! ltl V eilt.on of ItstO,
relative to the right of fishing on the coast of Nova Scotia
and New Brunswick.

" Lerd Aberdeen acquaints the undersigned, that aftey
the most deliberate reconsideration of the subject, and with
every desire to do full justice ti. the United States, and to
view the claims put forward on bthalf of their citizens im
the most favourable light, her M ojesty's government are,
nevertheless, still constrained to deny the riyht of citizen'
I or the United States, under the treaty of 181 S, (n fish ie
that part of the Bay of Fundy which, from its geographical
position, may properly be considered as included within the
British possessions ; and also to maintain that with regard
to the other bays un the British American coasts, no United
States fisherman ha, under that consenthin, the right to
fish within three miles of the entreat* of such hay, al
designated by a line drawn from headiand to Leadland at
that entrance. _

" Lord Aberdeen, however, informed the undersigned,
that although continuing to maintain these positions as a
matter of right, her Majesty's government are not insensible
to the advantages which might accrue to both countries from
a relaxation in its exercise ; that they are ansieus, while
upholding the just claims of the British crown, to evince,
by every reasonable concession, their defire to act liherupy
and amicably towards the United States ; end that her
Majesty's government have accordingly come to the deter-
mination •to relax in favour of the United States fisher-
men the right, which Brest Britain has hitherto exer-
cised, of excluding those fishermen from the British portion
of the Bay of Fundy, and aro prepared to direct their
colonial authorities to allow" henceforward, the United
States fishermen to pursue their avocitions in any part of
the Bay of Fundy, provided they do not approach, except
in the eases specified in the treaty of NM, within three
miles of the entrance of any bay on the coast of Nova Scotia
or New Brunswick.'

"The undersigned receives with nrest satisfartion this
communication from Lord Aberdeen, which promise, the
permanent removal of a fruitful cause of disagreement
between the two countries, in reference to a valuable pie.
tion of the fisheries in question. The government of the
United States, the undersigned is persuaded, will duly
appreciate the friendly motivt s which have led to the deter-
mination on the part of her Majesty's government, an-
nounced in Lord Aberdeen's note, and which he doubts not
will have the natural effect of acts of liberality between
powerful States, of producing loitetits to both lumen
beyond any immediate interest which may be favourably
atlected.
" While ho desires, however, without reserve, to came
his sense of the amicable disposition evinced by her Me-
jesty's government on this occasion, in relaxing in favour
of the United States the exercise of what, after deliberate
consideration, fortified by high legal authority, is deemed
-
an unquestioned right of her Majesty's government, the
undersigned would be unfaithful to his duty did he emit to
remark to Lord Aberdeen that no arguments have at any
time been adduced to shake the confidence 0 the govern-
ment of the United States in their own construction of the
treaty. While they have ever been prepared to admit that
in the letter of one expressin of that instrument there is
some reason for claiming a right to exclude the United States
fishermen from the Bay of Fundy (it being difficult to deny
to that arm of the sea the name of bay, which long geo-
graphical usage has assigned to it), they have ever Wenn.
ously maintained that it is only on their own construction
of the entire article that its known design, in reference
to the regulations of the fisheries, admits of being culled
into effect.

" The undersigned does tot make this observation for the
sake of detracting from the liberality eviured by her
Majesty's government in relaxing nom whut they regard
their right; but it would be placing his own government
in a false position to accept as mere favour that (or which
they have so long and strenuously contended as due to thou
under the convention.

It becomes the more necessary to make this observation
in consequence of some doubt as to the extent of the pro-
V:Telrelaxation. Lord Aberdeen, after bt4ting that her
aty's government felt themselves constrained to ad.
here to the right of excluding United States bohemia%
from the Bay of Fundy, and also with regard to other bays
on the British Anierian coasts, to maintain the position
that no United States fisherman has, un ler Mat coni
the right to fish within three miles of the entrance of such
bays as designated by a line drawn from headland to head-
land at that entrance, adds that while her Maj• vv..; go-
vernment still feel themselves bound to maintain these po-
sitions as a matter of right, they are not in..nsible to the
advantages which would accrue to both countries from the
relaxation of that right.'

" This form of expression might seem to indicate that the
relaxations proposed had reference to both positions; but
when Lord Aberdeen proceeds to state more particularly its
nature and extent he confires it to a permission to be grantcd
to ' the United States fishermen to pursue their avocations
in any part of the Bay of Fundy, provided they 'le not ap-
proach (except in the cases specified in the treaty of 1818)
within three miles of the entrance of any bay on the coast
of Nova Scotia and New Brunswick,' which cutrance is de-
fined in another part of Lord Aberdeen's note so being de-
signated by a line drawn from headland to headland.
In the case of the Washington, which formed the sub-
ject of the note of the undersigned of the 2.5 th of May, 1844,
to which the present communication of Lord Aberdeen is a •
reply, the capture complained of was in the waters of the
Bay of Fundy. The principal portion of the argument of
the undersigned was addressed to that part of the subject;
and he is certainly under the impression that it is the point
of greatest interest in the discussions which have been
hitherto carried on between the two governments in refer-
ence to the United States right of ti•liery on the Anglo-
American coasts.

" In the case, however, of the Argus, which was treatol
in the note of the undersigned of the 9th of Oc:obcr, the
capture was in the waters which wash the north•eaotem
coast of Cape Breton ; a portion of the Atlantic Oscan
tercepted, indeed, between a straight line drawn from Cape
North to the northern head of Cow Bay, but poss,,,,ing
none of the characters of a bay (far less so than the Iliy of
Fundy), and not called a bay on ar.y map which the under-
signed has seen. The aforesaid line is a degree of latitude
in length, and, as far as reliance can be placed us the only
maps (English ones) in the possession of the undersigned,
on which this coast is distinctly laid down, it would excludo
vessels from fishing grounds which might be 3d miles
from the shore.

"Lord Aberdeen, in his note of the 10th inst , on the
case of the Mgt's, observed, that as the point of the con-
struction of the convention of ISIS, in reference to the right
of fishing in the Anglo-American dependencies by Minns
of the United States, is treated in another note of the
undersigned, of this date, relative to the case of the Wash-
ington, the undersigned' abstains from again touellit:g on
that subject.'
" This expression, taken by itself, would seem to autho-
rise the expectation that the waters where these two
vessels, respectively, were captured would be held subject
to the same princip es, whether of restriction or relixation,
as, indeed, all the considerations which occur to the under-
signed as having probably led tar 31..jesty's government to
the relaxation in reference to the Say of Fundy, in
full, and even superior force, it reference to the waters on
the north-eastern coast of Cape Breton, where the Arens
was seized. But if her Majesty's provincial authoritiesare
i permitted to regard as a bay any portion of the ,ca which
can be cut off by a direct line connecting two poiuts of the
coast, however destitute in other respects of the character
usually implied by that name, not only will the W.ltttS oa
the north-eastern coast of Cape Breton, but ou many
other parts of the shores of the Ang:o-American otnilco-
cies, when such exclusion has not vet been thoueht of, be
prohibited to American fishermen. In fact, the seaters
which wash the entire south-eastern coast of Nova Sceel,
from Cspe Sable to Cape Canso, a distance, on u straight
line, of rather lees than 300 miles, would, in thi4 war.
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 uii tLat
is said in the two notes of Lord Aberdeen of the 10th lot,
as to the relaxation proposed by her Majesty's government,
that it is not intended to embrace the w waters of north.
eastern coasts of Cape Breton as well as the Bay of Ftooly
" Lord Aberdeen,
_towards the close of the note in which
the purpose of her Majesty's government ift communicated,
invites the attention of the undersigned to the tact that
British colonial fish are at the prestut time exelu. d by
prohibitory du:ies from the market+ of the United Stater,
and suggests that the moment at which the British covens•
ment are making a liberal concession to United Simi trade
might be deemed favourable for a counter concession on ths
part of the United States to British trade, by the reductiee
of duties which operate so prejudici .11y to the ia:.r.sts of
the British colonial fishermen.

"The undersigned is, of Mine, without instructions
which enable him to make any definite reply to lods
gestion. It is no doubt true that the British colonist Mb,
as far as duties are concerned, ent:r the United Stahl
market, if at all, to some disadvantage. The it..verns'al
of the United States, he is personally persuaded, weak!
gladly make any reduction in these duties which wouid net
seriously injure the native fishermen ; lout Lord Abetdiell
is aware that the encouragement of this elms of the res.
faring comrhunity ban ever been considered, an well in the
United State, as Great Britain, as resting on In`l'nW
grounds of expediency. It in the great school, not only 01
the commercial, but of the public marine, and lbo
highest conaiderstions of national policy require it to b°
fostered.

----
" The British colonial fishermen possess considerable ad-
vantages over theme of the United States. The remoter
fisheries of Newfoundland and Labrador are con.idinitily
more accessible to the colonial than to the Uuite.l Slats
fishermen. The fishing grounds on the coast ofNew Stun'
wick and Nova Scotia, abounding in cod, markerel, awl
herring, lie at the doors of the former. He is th rerun
able to pursue his avocation in a smaller classof Vei-11.• 391
requires a smaller outfit. He is able to use tlo net iod
the seine to great advantage in the small bays and
.n.lt°
along the coast, from which the fishermen of the mud
Statee,uuder any construction of the treaty, are excluded.
AU, or nearly all, the materials of shipbuilding - wither'
iron, cordage, and canvass—are cheaper in the colonies baa
in the United States, as are salt, books, and line._There
is, also, treat advantage enjoed in the former in rif, nate
to the supply of bait and curing the fish. These and other
causes have enabled the colonial fishermen to drive tho,F
sf
the United States out of many foreign markets, and alight
do so at home but for the protection afforded by the duties:
It may be added that the highest duty on the kinds al
fish that would be sent to the American market Is It°
than /d• per pound, which cannot do more than counter-
balance the numerous advantages possessed by the coleall
fishermen. The undersigned supposes. though he h:a o 0
particular information to that effect, that equal or higher

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• EDWAIII) TIVERirt.”

.• vu. uUNTV.It To MX.
.•--
Uepstttueut of State, Washir4tegg, Ad, 14
-B;l%—i lists the honour to achnoulAte the receipt of
Tour note of the .ith lust., in which, by direction of your
jpiefillifeat, you bring to the knowledge of that of the
Voitea States a tae mac which hart been adopted by her
laminate Majesty.* itovvriunent to prevent a repetition of
the eVq,l.kielis which have so frequently been made of the
et. of Tunas belonging to citizens of the Uoited
gt,,i,• Ate, of If.lnee upon the dsbiog gronods reserved to
Great liritzio by the convention of 1818; and to be, with
high consideration,
*. Sir, your obedient servant,
W. Ilt•nrati, Acting Secretary.
Mr. Jobs F. CrsupWs,