221 -^^^ 



.- And that "no appeal shall be prosecuted from any decree or sentence 

 of any court in this province touching any penalty or forfeiture, nnless 

 tlje inhibition be apphed for and decreed within twelvemonths Irom tlie 

 decree or sentence being pronounced." 



The next measure of JNova Scotia was in 1S37, when an elaborate 

 report on the subject of the fisheries was submitted to the House of 

 Assembly, which embraced a plan of protection by the employment 

 of steamers on the part of the home government, and of a preventive 

 force on the part of the government of the colony. Tlie latter recom- 

 mendation was adopted. 



But the design of committing the ministry to the plans of political 

 leaders in this loyal possession of the British crown was not aban- 

 doned. Early in 1838 a joint address of the Legislative Council and 

 House of Assembly was transmitted to the Queen, complaining of tiie 

 habitual violation of the convention of ISIS by American citizens, and 

 praying for an additional naval force to put an end to these aggressions. 

 In November, of that year, Lord Gienelg, the colonial secretary, in a 

 despatch to Lieutenant General Sir Colin Campbell, lieutenant governor 

 of Nova Scotia, remarked, in reply to this address, that — 



" In obedience to her Majesty's commands, this subject has engaged 

 the seric-us attention of her Majesty's government, and it has been de- 

 termined for the future to station, during the fishing season, an armed 

 force on the coast of Nova Scotia to enforce a more strict observance 

 of the provisions of the treaty by American citizens, and her ]Majesty's 

 minister at Washington has been instructed to invite the friendly co- 

 operation of the American government for that purpose. 



" The necessary directions having been conveyed to the lords com 

 missioners of the admiralty, their lordships have issued orders to the 

 naval commander-in-chief on the West Indian and North American 

 station to detach, as soon as the fishing season shall commence, a small 

 vessel to the coast of Nova Scotia, and another to Prince Edward 

 Island, to protect the fisheries. The commanders of tliese vessels will 

 be cautioned to take care that, while supporting the rights of British 

 subjects, they do not themselves overstep the bounds of the treaty. 

 You will of course aflu)rd them every information and assistance which 

 tliey may require for the correct execution of this duty. I trust that 

 measures will prove satisfactory to the legislature of Nova Scotia." 



In March, 1839, the consul of the United States at Pictou addressed 

 a letter to Mr. Forsyth, Secretary of State, in which, after referring to 

 the seizure of several of our fishing vessels during the previous year, 

 he said that — 



" The Bi-itish o;overnment has decided to send out two armed ves- 

 sels, to be stationed during the fishing season on these coasts, for the 

 purpose of preventing any infringements of the treaty ; and although I 

 am well aware that much of the outcry which has been made on this 

 subject has had its origin in the disappointed feelings of Nova Scotia 

 fishermen, on seeing themselves so far outstripped in the successful pur- 

 suits of so valuable a branch of commerce by superior perseverance 

 and skill of their enterprising neighbors, yet I know that, within my 

 consular district, a tempting shoal of fish is sometimes, either from ig- 

 norance or the excitement of the moment, followed across the prescribed 



