25S 



there may doubtless be found, in other parts of it, stipulations at least 

 equally unfriendly to British interests. 



"I repeat, my lord, we cannot understand why the Americans should 

 not be htid to their harga'm ; nor can we perceive the principle of justice 

 or prudence which would relax its terms in favor of a foreign people 

 whose means and advantages ah-eady preponderate so greatly, and that, 

 too, without reciprocal concessions, and at the expense of her Majesty's 

 colonial subjects, whose prosperity is deeply involved in the protection 

 and enlargement of this important element of their welfare. 



"If the present concessions to the United States are hoped to end 

 and quiet the controversy between their fishermen and this province, 

 there is too much reason to fear the expectation will end in disappoint- 

 ment. From the gi-eater encouragement that will be given for viola- 

 tion of the treaty, under the modified conditions suggested to be im- 

 posed on the American fishermen, and from the multiplied facihties for 

 evasion and falsehood, increased and not diminished occasions of col- 

 lision can only be expected; and it may safely be asserted, from a 

 knowledge of the subject and of the parties, that, unless the British 

 government are content to maintain the strict construction of the treat}', 

 as a mere question of past contract and settled right, whatever that 

 construction may be, the encroachment of the American fishermen wiU 

 not cease, nor disputes end, until they have acquired unrestricted 

 license over the whole shores of Nova Scotia. 



"It is hoped, my lord, that if an arrangement such as is contem- 

 plated should unhappil\^ be made, its terms may clearly express that 

 the American fishermen are to be excluded from fishing within three 

 miles of the entrance of the bays, creeks, and inlets, into which they are 

 not to be permitted to come. 



" Some doubt on this point rests on the language of Lord Stanley's 

 despatch, and the making the criterion of the restricted bays, creeks, 

 and inlets to be the width of the double of three marine miles, would 

 strengthen the doubt bv rciising a presumption that the shores of these 

 bays, &c., and the shores of the general coast, were to be considered 

 in the same light and treated on the same footing. 



"To avoid such a construction, no less than to abridge the threat- 

 ened evil, the suggestion made to your lordship by INIr. Stewart that at 

 least this width should be more than the double of three marine miles — 

 say three or four times more — ought, I think, to be strongly enforced. 

 '"I have the honor to be, vour lordship's most obedient servant, 



"J. W. JOHNSTON. 



" To the Right Hon. His Excellency 



"Viscount Falkland, Lieut. Governor, Sfc, &;c., 4'^-" 



Meantime New Brunswick was as active to prevent the measures 

 under consideration of the British ministry as her sister colony of Nova 

 Scotia. The Hon. Charles Simonds, speaker of the House of Asseni- 

 bly, and a gentleman of great wealth and of high consideration in 

 colonial circles, was deputed by the council of the first named posses- 

 sion of the crown to attend to 'its interests, and to remonstrate against 

 further " concessions." On his arrival in England he met the Hon. 



