Sumner, W. T. I, J Boston. Class of 1830.) Col. II. 7 THE NEW YORK QUARTERLY. APRIL, 1853. OFFICIAL DOCUMENTS RELATING TO THE DEPARTMENT OF STATE, Washington, February 28, 1853. THE Secretary of State has the honor to transmit, herewith, to the President, copies of the remaining correspondence relative to the fisheries on the coasts of the British North American provinces, not heretofore made public, and called for by a resolution of the Senate of the 17th of January. When this call was first made, as negotiations were pending upon this subject and the other interests connected with it, which it was hoped would result in the conclusion of a convention during the present session of Congress, it was not thought beneficial for the public service that the papers should be at that time communicated. This object not having been accomplished, if want of time should prevent legislative action on the subject of the fisheries before the close of the session, (which, in the opinion of the department, would be matter of regret,) it will become quite important to our fishermen to know precisely in what position affairs were left, by the explanations between the two governments which took place last summer. For this purpose the papers are now communicated. Respectfully submitted : EDWARD EVERETT. To the PRESIDENT OF THE UNITED STATES. Mr. Lawrence to Mr. Webster. LEGATION OF THE UNITED STATES, SIR-At the request of the Earl of Malmesbury, I had an interview with him at the Foreign Office on Saturday, the 7th instant, upon the subject of the fisheries. He began the conversation by asking if I had received any instructions or other communication from the government of the United States in regard to them; to which I replied that I had not; that there had been scarcely time to communicate with me, and that I had no information beyond that found in the public journals. He then remarked that this question was not understood in the United States; that Mr. Webster had sent for Mr. Crampton to come to Boston; that the British government did not intend to assert any new principle, but only to protect the rights of the colonists in the fisheries, which had been neglected by their predecessors; that what had been done, had been done at the urgent request of the colonists themselves; that the concessions made by Lord Aberdeen, of the right to fish in the Bay of Fundy, were fully recognized by the present government, and would not be withdrawn; that an armed force was sent there at this time to keep the American fishermen three miles from the British shores, in accordance with the provisions of the convention of 1818; that the orders were the same, both with respect to the French and the American fishermen; and finally, that her Majesty's government did not intend, by sending an armed force into those waters, to give offence either to the government or to the people of the United States; the sole object being to maintain the neglected rights of the colonists. He then requested me to assure you of the friendly feeling entertained by the present government towards the United States, and their strong desire to continue the cordial relations now so happily existing. I asked, then, whether, when the instructions of the 24th of May were sent to the colonial governors, her Majesty's government were aware of the existence of Lord Aberdeen's note to Mr. Everett, yielding the liberty to American fishermen to fish. in the Bay of Fundy. He said they were. I then asked whether notice of the intentions of her Majesty's government had been given to the government of the United States. He said notice was sent to Mr. Crampton, on or about the 16th of June, to be communicated to you officially. After Lord Malmesbury had finished, I stated that, having received no communication from the government of the United States, I could of course only express my own opinion upon the question; that the right of her Majesty's government to keep the American fishermen at a distance of three marine miles from the shore, seemed to me clear under the treaty; that we should probably differ in the application of that instrument to the bays and harbors on the coast, as I could not agree to the British interpretation-but we would not discuss that point now; and that I would proceed to express my own views frankly on the present condition of the question. I said that I deeply regretted the course taken by her Majesty's government; that the sending of nineteen armed vessels, without notice, to those waters, (as stated in the provincial journals,) appeared to be a hostile movement, and one that could not but produce unpleasant results; that courtesy demanded that after the right of fishing had been claimed and exercised for thirty years, (whether rightfully or wrongfully,) such notice should be given to the government of the United States as would enable it to seasonably proclaim to all concerned the intentions of the British government. I further stated that this measure taken at this time, when the whole American fishing-fleet was upon the provincial coast, would appear to have been intended (whether really so or not) to coerce the United States into a system of trade which, it is well known, the provinces have long sought for. I further stated that I was personally in favor of a comprehensive and reciprocal system of trade between the United States and the British North American provinces; but that a measure of so much importance, involving so various interests, could not be matured and executed without allowing time. I said that this whole question was at present receiving much attention, not only in the provinces, but in all the States of the Union; that a committee of the House of Representatives had it under consideration, and that I had understood that they were about to report a bill, or at least to make a report. If wisely arranged, I said that I thought the measure would prove conducive to the interests of both countries; and I could not but regret still more that the apparently hostile attitude of her Majesty's ministers would retard its adoption. I said that under all the circumstances I could not but think that this apparent measure of. coercion was hastily adopted, and without that deliberation and forethought which had usually characterized the proceedings of British statesmen, and which was becoming a nation acting towards those with whom they were in a state of amicable peace, if not friendship even. I felt, therefore, I added, that under all the circumstances a mistake had been committed in ordering a fleet to those waters, and that I hoped. the instructions to the several authorities in the provinces and to the admiral, would be so far modified as to open the way a final and equitable settlement of the question. With this the interview of the 7th terminated. to On the 9th I again met Lord Malmesbury at the Foreign Office at his request. He said that since our last interview he had seen Lord Derby, who said that the idea had never occurred to him to give a formal notice to the United States, as her Majesty's government did not intend to assert any new principle, but only to maintain those provisions of the treaty of 1818, about which there was no dispute, viz: those in regard to fishing within three miles of the British shore. I asked Lord Malmesbury whether despatches were to be sent to Mr. Crampton and to the authorities of the lower provinces; to which he replied that they were now being prepared, and would be sent from here on Friday. I asked what would be their character. He said those in authority would be instructed to confine the efforts of the vessels of war to within three miles of the shore, leaving the other questions open to be considered hereafter, and to use great care and sound discretion in the exercise of the authority intrusted to them even within the three miles. This terminated the interview of yesterday. The government, I am satisfied, feel that they committed an error in ordering a large naval force to those waters during the fishing season, and a still greater one in sending it without reasonable notice to the government of the United States, and are now willing to do everything in their power to allay excitement. If a comprehensive plan of reciprocal trade between the British North American colonies and the United States can be adopted, it will supersede the necessity of taking up the fisheries separately. If that cannot be done, I still believe that an arrangement favorable to both countries can be made, which will settle forever the question of the North American fisheries. I have the honor to be, sir, very respectfully, your obedient servant, ABBOTT LAWRENCE. |