256 



tion between them; and being then, as now, a thoroughfare for vespels 

 passing into and out of the Gulf of St. Lawrence. The union of the 

 two colonies cannot, therefore, be admitted as vesting in the province 

 the right to close a passage which has been freely and indisputably 

 used by the citizens of the United States since the year 1783. It is 

 impossible, moreover, to conceive how the use on the part of the United 

 States of the right of passage, common, it is believed, to all nations, 

 can in any manner conflict with the letter or spirit of the existing treaty 

 stipulations.' 



" The questions having been previously forwarded by Lord Falkland 

 to Lord John Russell, Lord Falkland, on the 8th of May, 1841, ad- 

 dressed to Lord John Russel a very able despatch on the general sub- 

 ject of the fisheries, in v/hich previous provincial legislation was satis- 

 factorily vin(Ucated from charges made by BIr. Stevenson for the seizure, 

 improperly, of American fishing vessels; and clearly showed that the 

 provincial legislation was founded upon and sustained by previous im- 

 perial acts upon the same subject ; and which despatch most completely 

 silenced any further complaints of a like nature. This despatch also 

 refers to the navigation of the Gut of Canso, upon which Lord Falk- 

 land therein remarks, in answer to Mr. Stevenson, 'Her INIajesty's ex- 

 clusive property and dominion in the Strait of Canso is deemed main- 

 tainable upon the principles of international law already referred to, 

 and which it is considered will equally apply, whether the shore on 

 each side form part of the same province, or of different provinces be- 

 longing to her Majesty. This strait is very narrow, not exceeding, in 

 some parts, one mile in breadth, as may be seen on the admiralty 

 chart; and its navigation is not necessary for communication with the 

 space beyond, which may be reached by going round the island of 

 Cape Breton.' 



"Lord Falkland again says: 'I have now, I trust, established, that 

 if the interpretation put upon the treaty by the inhabitants of Nova 

 Scotia is an incorrect one, they are sincere in their belief of the justice 

 and interpretation, and most anxious to have it tested by capable 

 authorities; and further, that if the laws passed by the provincial leg- 

 islature are really of the oppressive nature they are asserted to be by 

 Mr. Stevenson, they were enacted in the behef that the Iramers of them 

 were doing nothing more than carrying out the views of the home 

 government as to the mode in which the colonists should protect their 

 own dearest int(>rcsts. I enclose a copy of the proclamation containing 

 the act of the 6th William IV^, of which Mr. Stevenson complains; and 

 any alteration in its provisions, should such be deemed necessary, may 

 be made early in the next session of the provincial Parliament. 



" The opinion of the Queen's advocate and her Majesty's attorney 

 general on the case drawn up by Lord Falkland, and upon the questions 

 subnjitted by the committee, was enclosed by Lord Stanley to Lord 

 Falkland, accompanied by a. despatch dated the 2Sth of November, 

 1S42. The opinion of the law officers of the crown, sustained as it 

 was by the British government, upon the point now under discussion, 

 is as follows: 'By the convention of 1818, it is agreed that American 

 citizens should have the liberty of fishing in the Gulf of St. Lawrence, 

 and wiihin certain defined limits, in common with British subjects, and 



