450 CORRESPONDENCE, ETC. 



upon the coasts of this province. There can be no doubt that some 

 oi them wore fairly chargeable with infringement of the treaty; I 

 think it equally certain that the excess of zeal displayed by some of 

 the provincial officers in the exercise of their authority ? has in cer- 

 tain eases led to unwarranted interference with the rights of the 

 American fishermen, and the liberty of their vessels. I think it is 

 absolutely necessary for their protection that there should in future 

 be at least one small vessel of war commissioned to cruise on the 

 fishing grounds during the summer months, commanded by an active 

 and experienced officer, qualified by prudence and firmness to caution 

 the fishermen against all violation of the treaty, and to guard them 

 vigilantly from every improper molestation. 



I have the honor to be, sir, your most obedient and humble 

 servant, 



James Primrose, Consul. 



Hon. John Forsyth, 



Secretary of State, Washington. 



[Inciosure. ] 



Sir Rupert D. George to Consul Primrose. 



Provincial Secretary's Office, 



Halifax, November 9, 1839. 



Sir: The attention of the Lieutenant Governor and her Majesty's 

 Council having been directed, by your letters of the 15th July and 

 26th September last, to the mode of collecting light-duties from Amer- 

 ican vessels in the Gut of Canso, that subject has received the best 

 consideration of the board; and I am directed to acquaint you, with 

 reference to the particular cases which you have brought under his 

 Excellency's notice, that the taking of merchandise or ship's stores, 

 instead of money, in payment of light-duty, (as in some few cases 

 appears to have been done.) is, under any circumstances, unauthor- 

 ized on the part of the collector. The collectors have accordingly 

 been informed that such a proceeding is irregular and unlawful, and 

 must on no account be hereafter resorted to; and it has been further 

 intimated to them, that when the light duty has been incurred, and 

 its payment after demand has been refused or neglected, the vessel is 

 liable to seizure; but that the law does not give warrant for the use of 

 violence in bringing vessels to in cases where no previous demand has 

 been made; and that the exhibition of fire-arms, wdiile in the perform- 

 ance of their office, is highly reprehensible. The collectors are also 

 instructed not to demand light-duty from vessels bound to Pictou, 

 unless they come to anchor in the strait. 



With respect to the concluding paragraph of your letter of the 15th 

 of July, I have it in command to remark that his Excellency cannot 

 admit the character given to the Gut of Canso as a part of the high 

 seas until recognized by some authoritative decision, as the correctness 

 of its application to that narrow passage lying entirely between the 

 lands of this province may be questionable, more especially as an open 

 communication around the eastern end of the island of Cape Breton 

 is to be found on the high seas to the Gulf of St. Lawrence, or any 

 other point to which the Strait of Canso can be made subservient. 



