Treaty, our citizens, who hold just demands against her, would have no remedy either against Mexico or their own government. Our duty to these citizens must for ever prevent such a Peace, and no Treaty which does not provide ample means of discharging these demands can receive my sanction. * 152 No. 94.-1852, July 6: Extract from newspaper, enclosed in THE AMERICAN FISHERIES. [From The Boston Courier of Monday.] DEPARTMENT OF STATE WASHINGTON, July 6th, 1852. Information of an official character has been received at this Department to the following effect: The late Ministry of England was opposed to the granting of bounties on principle, and in consequence it steadily refused to give the necessary assent to Acts of the Colonial Legislatures granting bounties to the fisheries. The colonies complained severally of this interference with their local affairs; and they further complained that the Government declined to enforce the provisions of the Fishery Convention of 1818, and thereby permitted American fishermen to encroach upon the best fishing grounds, from which, under the legal construction of the Treaty, they ought to be excluded. With the recent change of Ministry in England has occurred an entire change of policy. The present Secretary of State for the Colonies, Sir John Pakington, has addressed a circular letter to the Governors of the several North American Colonies, an extract from which is as follows: "DOWNING STREET, May 28, 1852. "Among the many pressing subjects which have engaged the attention of Her Majesty's Ministers since their assumption of office, few have been more important in their estimation than the questions relating to the protection solicited for the fisheries on the coasts of British North America. "Her Majesty's Government have taken into their serious consideration the representations upon this subject contained in your despatches noted in the margin, and have not failed to observe that whilst active measures have been taken by certain colonies for the purpose of encouraging their fisheries, and of repelling the intrusion of foreign vessels, it has been a subject of complaint that impediments should have been offered by the policy of the Imperial Government to the enactment of bounties, considered by the local Legislatures essential for the protection of this trade. Her Majesty's Ministers are desirous of removing all grounds of complaint on the part of the colonies, in consequence of the encroachments of the fishing vessels of the United States upon those waters from which they are excluded by the terms of the Convention of 1818, and they therefore intend to dispatch as soon as possible a small naval force of steamers or other small vessels to enforce the observance of that Convention." This announcement is accompanied by the following, as to the bounties: "With regard to the question of promoting the fisheries of the British Colonies by the means of bounties, Her Majesty's Government, although desirous not to sanction any unnecessary deviation from that policy which regulates the commerce of this country, are still disinclined to prevent those colonies, by the interposition of Imperial authority—and especially pending the negotiation with the United States of America for the settlement of the principles on which the commerce with the British North American Colonies is hereafter to be carried on-from adopting the policy which they may deem most conducive to their own prosperity and welfare.' 92909°-S. Doc. 870, 61-3, vol 4-27 "The vessels of war mentioned in the above circular despatches are expected to be upon the coasts of British North America during the present month, (July), when, no doubt, seizures will begin to be made of American fishing vessels, which in the autumn pursue their business in indents of the coast, from which it is contended they are excluded by the Convention of 1818. 66 Meantime, and within the last ten days, an American fishing vessel, called the Coral,' belonging to Machias, in Maine, has been seized in the Bay of Fundy, near Grand Manan, by the officer commanding Her Majesty's cutter 'Netley,' already arrived in that bay, for an alleged infraction of the Fishing Convention; and the fishing vessel has been carried to the Port of St. John, New Brunswick, where proceedings have been taken in the Admiralty Court, with a view to her condemnation and absolute forfeiture. "Besides the small naval force to be sent out by the Imperial Government, the colonies are bestirring themselves also for the protection of their fisheries. Canada has fitted out an armed vessel to be stationed in the Gulf; and this vessel has proceeded to the fishing grounds, having on board not only a naval Commander and crew, with power to seize vessels within limits, but also a stipendiary magistrate and civil police, to make prisoners of all who are found transgressing the laws of Canada, in order to their being committed to jail in that colony for trial. "The Colony of Newfoundland has fitted out an armed vessel for the purpose of resisting the encroachments of French fishing vessels on the coast of Labrador; but, when ready to sail from their port, the Governor of that colony, acting under Imperial instructions, refused to give the Commander of this colonial vessel the necessary authority for making prize of French vessels found trespassing. This is an extraordinary circumstance, especially when taken in connexion with the fact that the like authority to seize American fishing vessels, under similar circumstances has never been refused to the cruizers of any of the North American Colonies. 153 "The Colony of Nova Scotia has now four armed cruisers, well manned, on its coasts, ready to pounce upon any American vessels which may, accidentally or otherwise, be found fishing within the limits defined by the Crown Officers of England. "New Brunswick has agreed with Canada and Nova Scotia to place a cutter in the Bay of Fundy to look after American fishermen there; and at Prince Edward Islands Her Majesty's steam frigate 'Devastation' has been placed under the instructions of the Governor of that colony." The first Article of the Convention between the United States and Great Britain of the 20th October, 1818, is in these words: Whereas differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbours, and creeks of His Britannic Majesty's dominions in America, it is agreed between the High Contracting Parties that the inhabitants of the said United States shall have for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of said Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands; and also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coast of Labrador, to and through the Straits of Belleisle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and that the American fishermen shall also have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland. here above described, and of the coast of Labrador; but so soon as the same or any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce for ever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbours of His Britan nic Majesty's dominions in America, not included within the abovementioned limits: Provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter, and of repairing dam ages therein, of purchasing wood and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. 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 or harbours of the British Provinces, except for the purposes of shelter, repairing damages, and obtaining wood and water. A bay, as is usually understood, is an arm or recess of the sea, entering from the ocean between capes or headlands; and the term is applied equally to small and large tracts of water thus situated. It is common to speak of Hudson's Bay, or the Bay of Biscay, although they are very large tracts of water. The British authorities insist that England has a right to draw a line from headland to headland, and to capture all American fishermen who may follow their pursuits inside of that line. It was undoubtedly an oversight in the Convention of 1818 to make so large a concession to England, since the United States had usually considered that those vast inlets or recesses of the Ocean ought to be open to American fishermen, as freely as the sea itself, to within three marine miles of the shore. In 1841 the Legislature of Nova Scotia prepared a case for the consideration of the Advocate General, and Attorney General of England, upon the true construction of this Article of the Convention. The opinion delivered by these officers of the Crown was: That by the terms of the Convention American citizens were excluded from any right of fishing within three miles from the coast of British America, and that the prescribed distance of three miles is to be measured from the headlands or extreme points of land next the sea, of the coast or of the entrance of bays or indents of the coast, and consequently that no right exists on the part of American citizens to enter the bays of Nova Scotia, there to take fish, although the fishing, being within the bay, may be at a greater distance than three miles from the shore of the bay; as we are of opinion that the term "headland is used in the Treaty to express the part of the land we have before mentioned, including the interior of the bays and the indents of the coast. It is this construction of the intent and meaning of the Convention of 1818 for which the colonies have contended since 1841, and which they have desired should be enforced. This the English Government has now, it would appear, consented to do, and the immediate effect will be, the loss of the valuable fall-fishing to American fishermen; a complete interruption of the extensive fishing business of New England, attended by constant collisions of the most unpleasant and exciting character, which may end in the destruction of human life, in the involvement of the Government in questions of a very serious nature, threatening the peace of the two countries. Not agreeing that the construction thus put upon the treaty is conformable to the intentions of the Contracting Parties, this information is, however, made public, to the end that those concerned in the American fisheries may perceive how the case at present stands, and be upon their guard. The whole subject will engage the immediate attention of the Government. DANIEL WEBSTER, Secretary of State. 154 Private No. 95.-1852, July 17: Letter enclosed in No. 100, Appendix, p. 168, from Mr. Daniel Webster (United States Secretary of State) to Mr. Crampton, British Minister at Washington. FRANKLIN, July 17th, 1852. MY DEAR MR. CRAMPTON: The threatened interruption by force of that enjoyment of the fisheries which the fishing vessels of the United States have so long practised and possessed, without interruption or molestation is a serious affair, and, I fear, full of danger. I wish to see you as soon as you can possibly come north. If I am not in Boston at the Revere House please proceed immediately to Marshfield bringing with you as many of your adjuncts as you please. I have recommended to the President that we take up the whole subject of the fisheries and the Canada trade at once as matter of negotiation. You will see in the Boston papers of Monday an official publication by me: is it not possible for you to prevail with the provincial authorities to institute no hostile proceedings against American fishing vessels till longer notice be given and until you and I may have conferred together on the subject. I am anxious to see you at once. On receipt of this inform me by telegraph when you can be in Boston. I am with great regard Your's always truly JOHN F. CRAMPTON Esqr &c. &c. &c. No. 96.-1852, July 20: Letter from Mr. Crampton to the Earl of Malmesbury (British Foreign Secretary). Confidential. No. 105. WASHINGTON, 20th July, 1852. MY LORD: I have the honour to inclose the copy of a private letter which I this morning received from Mr. Webster, who is now in New Hampshire, upon the subject of the measures lately taken by Her Majesty's Government for the better protection of the British fisheries on the coast of North America. I also inclose an extract from a newspaper, containing a copy of the official publication in regard to this subject which has been made by Mr. Webster, and which is alluded to in his letter. Your Lordship will perceive from a perusal of these documents that Mr. Webster feels a good deal of apprehension as to the effects which may arise from the sudden interruption of the enjoyment by American fishermen of certain privileges in regard to the British fisheries which, he states, have long been tacitly permitted without molestation on the part of the British authorities; and 2ndly, (as he remarks in the latter part of his official publication), from the different construction which he seems to give to the provisions of the Convention of 1818 from that adopted by Her Majesty's Government, in regard to the conditions by which the privilege of fishing is limited by that Treaty; which difference, he thinks, may give rise not only to collision between the British provincial authorities and American citizens, but involve the two Governments in questions of a serious nature. With regard to Mr. Webster's, suggestion that I should prevail upon the provincial authorities not to institute what he denominates "hostile proceedings" against American fishing vessels till longer notice be given, I do not of course consider myself competent to recommend to the Governors of Her Majesty's North American Colonies the suspension of measures which have been taken under instructions from Her Majesty's Government, and the adoption of which I had myself duly announced to the Government of the United States. I thought it right however to address a letter, a copy of which I have the honour to inclose, to the Governor General of Canada, to the Lieutenant Governors of the other North American Provinces, and to Vice Admiral Sir George Seymour, informing them of the view taken of the matter by the United States Government, in order that they might be prepared to take such precautions as, in their judgment, might seem fit, to prevent the occurrence of those collisions and difficulties which the United States Government apprehends. The intention expressed by Mr. Webster of recommending to the President that the whole subject of the fisheries and of reciprocity of trade between the United States and the North American Colonies should be taken up with a view to its definitive settlement by negotiation, has rendered me still more desirous that none of those difficulties or collisions should occur; for the question of reciprocity of trade the decision of which has so long been desired both by the Imperial and the Provincial Governments, and which is now under the consid 155 eration of Congress with I fear, very little prospect of being speedily decided, might, by such a negotiation, (which the Government of the United States has hitherto declined to enter upon), be now brought to a prompt and satisfactory conclusion. I have informed Mr. Webster, in reply to his invitation, that I will immediately repair to Boston, and I propose to leave Washington for that purpose to-morrow morning. In the meantime, I have had this day, at his own request, a conversation upon this subject with the President of the United States. Mr. Fillmore urged me strongly to proceed to Boston with a view of devising, with Mr. Webster, some means by which collision between our respective citizens and subjects, or misunderstanding between our Governments might be avoided until such time as the point in regard to which such collisions might arise, should be settled. We had been examining the Convention of 1818, he said, and although he contested the construction put by the British Law Officers upon the clause regarding the limits assigned, within which American fishermen could not legally carry on their operations, he nevertheless admitted that the wording of the passage, which he thought somewhat obscure, countenanced to a certain degree that construction. regard to the opinion of the Law Officers of the Crown by which this construction was maintained, he remarked, however, that it seemed |