255 



was, the children of the "tories" triumphed over the children of the 

 '*\vhigs" of the Revolution. 



The events of 1846, and of the three succeeding years, will not 

 detain us but a moment. The seizure and total loss of several Amer- 

 ican vessels, and the renewed efforts of the Nova Scolia House of 

 Assembly to close the Strait of Canso, for reasons stated in three an- 

 nual reports of committees of that body, are the most important, and 

 all which w^e need notice. 



As we open upon the occurrences of 1851 we are met with a fourth 

 report on the very humane and favorite plan of closing Canso, which, 

 for reasons presently to appear, should be preserved in these pages. 



"The committee appointed to consider the question of the navigation 

 by foreign vessels of the Gut of Canso, beg leave to report as follows: 

 " The question submitted to your committee involves the considera- 

 tion, first, of the right of the legislature of this province to impose re- 

 strictions or obstructions upon foreign vessels wishing the use of the 

 passage ; and secondly, the policy of imposing any, and what, restric- 

 tions or obstructions. Your committee, in the consideration of the first 

 point, are aided materially by the action of a committee of this house 

 in the year 1842, who prepared a series of questions wdiich were sub- 

 mitted by Lord Falkland to the colonial secretary, and by him to the 

 law officers of the crown in England, upon the general subject of the 

 rights of fishery as reserved to this country by the treaty with the 

 United States in the year 1818, and also respecting the navigation of 

 the Gut of Canso. As the consideration of your committee has been 

 solely directed to the latter point, it is unnecessary to advert to the 

 issues raised upon the other points. The investigation is, therefore, 

 confined to the fourth question submitted — that is to say, Have vessels 

 of the United States of America, fitted out for the fishery, a right to 

 pass through the Gut or Strait of Canso, which they cannot do without 

 coming within the prescribed limits, or to anchor there or to fish there; 

 and is casting bait to lure 'fish in the track of the vessel, fishing within 

 the meaning of the convention ? 



"This question, with the others, was suggested by the consideration 

 of a remonstrance from Mr. Stevenson, then United States minister in 

 England, dated 27th of March, 1841, addressed to Lord Palmerston, 

 then and now Foreign Secretary, against the seizure of fishing vessels 

 belonging to citizens of the United States for alleged breaches of the 

 terms of the convention of 1818, a copy of which w^as forwarded to 

 Lord Falkland, then lieutenant-governor of this province, and submit- 

 ted by him to the legislature of 1842. This note contains the following 

 observations in respect to the navigation of the Gut of Canso : ' It may 

 be proper, also, on this occasion to bring to the notice of her Majesty's 

 government the assertion of the provincial legislature, that " the Gut 

 or Strait of Canso is a narrow strip of water, completely within and 

 dividing several counties of the province," and that the use of it by the 

 vessels and citizens of the United States is in violation of the treaty of 

 1818. This strait separates Nova Scotia from the island of Cape 

 Breton, which was not annexed to the province until the year 1820. 

 Prior to that, in 1818, Cape Breton was enjoying a government of its 

 own, distinct from Nova Scotia, the strait forming the fine of demarca- 



