The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-30

ar foundation. All Aneriea = held uadsr char.
t.rs tom the crown. granting Or concsdng pro.
nertv 10 the grantees; and on the European cOu.
tinent concession 10 the technical term Tor grant
of land. -,
of April, ls45, which, haatily read, may have led
Lord Malnesbury to sappose that Il would cause
an impression that Great Britain had acknor-
fish in the Bay Of Fundy. That expression 10 ~
follows 81 vas careful to point out 70 Lord Aoer
deem that all the for admitting tho right OF
Americans to dab in the Bay Of Fundy" apply to
the other outer bays This, of course, 10 true; but
it refers to what had maintained. snot to what
England had acknowledged. My letter Of 26th
April needs only to be carefully read to perceive
that its whole tenor is in accordance with the
facts of the case, and with the nature of the con-
cession. Gas her majesty's government regarded
it, as to the Bay Of Fundy.
In my letter to Lord Aberdeen, Of the 26th OF
March, while strenuously maintained the Ameri :
can constr ucton Of the convention, which limits
to the inner bays the remuneration con attained in the
frat article of the convention, acknowledged the
liberality of her msjesty's government in making
what they regarded concession in our favor; and
am not aware that any misconception has existed
"a to the opposite grounds TAKEN OF late years, by
the two governments on this subject. say "of
late years." for it was just quarter Of century
after the date of The convention before the frat
American fisherman was captured for fishing at
large in the Bay Of Fundy.
The other point in which Lord Malmesbury
thin ks my note was calculated to cause incor.
rect view of the subject to be taken by the Amer-
can public, ia this: that it created an impression
that Lord Aberdeen had, At my request, referred to
to the Colonial Office the question whether the
Taxation as TO the Bay of Fundy, should be EXTEND
| ed to the other outer bays; whereas, "a Lord NAL
| mesbury understands it, Lord Aberdeen merely
| submitted to the Colonial Office the question O.
lating to the seizure Of the particular vessels the
| Washington and Argus.
Here must admit myself at loss to conceive
vub hat ut hAP M M aun
posed to have arisen, under a reference to the Co.
lonial Office Of the sesure of the Washington and
Argus, than that OF the right OF American vessels
| to fab in the other large outer bays. The Wash
| ington captured in the Bay of Fundy; and as
far tina individual bay was concerned, the ques
| ton was already settled The Argus was seized
| in &c open bay, off the coast Of Cape Breton
while she was fifteen miles from the shore. 1t was
somewhat doubtful on what grounds the capture
of this vessel was made; but In my letter on this
subject mentioned the doctrine relative to the
| line drawn from headland to headland, as one OF
| the grounds on which this vessel was supposed 10
| have been seized. What can be palmer under
these circumstances, and considering the state OF
controversy at the time, than that the chief if
| the only question which would arise before her
| majesty's government, under my complaint rela-
tive to the Argus would be whether the relax ton
just made in reference to the Bay of Fundy should
| be extended to the other large outer bays.
But believe it is in my power to put this point
entirely beyond dispute. Nothing ia more certain
than that this precise question was under the con-
sideration OF her majesty's government at this
time, in consequence of my complaints. This
shall prove by an authority which Lord Malmes.
| bury will admit TO be decisive.
| On the 18th of May, lS45, just four weeks after
Lord Aberdeen Informed me that my letters of the
25th of March and I'd Of April had been referred
TO the Colonial Office, Lord Stanley (now the Earl
Of Derby, and at that time Secretary of State for
the Colonies) wrote despatch to viscount Falk.
land, Governor of Nova Scotia, Of which the fol.
| lowing is an extract:
| 90 aftyps Hny
had before them the complaints of the minister of
the United States in this country, on account of
/ the capture of vessels belonging to fishermen of
the United States by the provincial cruisers of Nova
Scotia and New Brunswick. for alleged infractions
of the convention Of the Goth of October 1915 be
| tween Great Britain and the United States and
have to acquaint your lordship that, after mature
| elaboration, her majesty's government deem il
lax the strict rule of exclusion the fishing yes
sells of the United States entering the bays of the
sea on the British North American coasts.
al have to request that your lordship will inform
me whether you have any objections to offer on
provincial or other grounds, to the proposed relax
alton of the construction Of the treaty of 1918 be-
| tweenthis country and the United States"
The above 10 all of this i'm por ia esp atch wbc
| the colonial authorities have thought proper to
publish. The only cases of capture Of our fisher.
men of which had specifically complained we're
those of the Washington and Argus; and the above
letter of Lord Stanley, Of course demonstrates tina
gave the American public no "incorrect view''
when led them, BY my letter of 26th April. lS45,
eminent had under consideration, at that time the
question of extending to the outer bays the relax
alton which bad taken place in reference to the
Bay of Fundy.
Not only so, bat ii would seem that nv repre.
sensations bad been successful; for whereas on the
2lsI of April. Lord Aberdeen informed me that
the relaxation announced in bis note Of the 10Th of
/ March was intended to apply to the Bay of Fundy
| Ia fteru ID
have just seen, wrote to Lord Falkland that her
majesty's government, after mature dehberation,
deemed 1t advisable, for the interests of both coun-
tries, to extend the relaxation to the other bays
The omission of q portion-and that do doubt
| the most important and significant porton-of
Lord SANKEY'S despatch, as published at Halifax
puts II out OF my power to quote from it his own
words as 10 the extent Of the proposed relaxation
| 1t appears, however, sufficiently, from the report
| of MIR. Attorney General Johnston ofthe 10th June
i545, that the intention Of the imperial govern
ment was to admit American fishermen into all
bays, creeks, and inlets of which the entrance ia
more thar six miles wide. l cite passage from
the concluding portion of Mr.. Attorney Generals
| letter.
such as is contemplated should unhappily be
made, it's terms may clearly express that the Anne
rican fishermen are to be excluded from isbin z
within three miles Of the entrance of the bays,
creeks, and inlets into which they not to be
permitted to enter.
"Some doubt on ths point rests on the language
of Lord SANKEY'S despatchj and the making the
criterion of the restricted bays, creeks, and nets
to be the width of the double Of the three marine
mies would strengthen the doubt by raising the
presumption that the shores Of these bays, &c,
and the shores of the general coast, to be
sidGed in the same light. and treated on the same
| footing"
i An extract from another despatch of Lord STAN
ley, of the nth of September will also show that
It was intended TO admit the American fishermen
into all tne outer bays Of certain dimensions "a it
VIII also unhappiy show the cause why that libe-
raj policy was abandone ed which had been adopt
ed as Lord Stanley, in bis letter of the 18th of May
lS4o had stated with great justice "for the inter
eats of both countries:'
"Her msJesty's government have attentiveiy
considered the representations contained In your
dispatches OF 18th Of June and % of July respect
ing the policy Of granting permission to the fish
ermen OF the United States to fish in the Bay O.
Chaleurs, and other large bays of a siuilar char
acter on the COATS Of New Brunswick and Novs
Scotia, and experimenting from your statementi
; that any such general concession would be iniuri
Gus to the interests of the British North America
| provinces, we have abandoned the intention we
had entertained on the subject, and shall adhere
to the strict letter of the treaties which exist be
tween Great Britain and the United States rela
tive to the fisheries in North America except in q
far AZ they may relate to the Bay OF Fundy, which
has been thrown open to the Americans under GER
, tain restrictions"