PERIOD FROM 1836 TO 1854. 451 



I take this opportunity to state that the case of the American 

 schooner Amazon, which was the subject of your letter of the 26th of 

 August, remains under consideration; all the information with re- 

 spect to it, which is desired, not having been yet obtained. 



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



Rupert D. George. 

 James Primrose, Esq., 



A merican Con sul. 



Lieutenant Paine, commanding " Grampus" to Mr. Forsyth. 



Washington, December 29, 1839. 



Sir: In my late cruise on the coasts of her Britannic Majesty's 

 provinces, I found the convention of 1818, on the subject of fisheries, 

 so variously construed, that I deemed it proper to address the Navy 

 Department on the subject — the letters to which I alluded in con- 

 vi-i -at ion with you. 



Avoiding unnecessary repetitions, I will endeavor to give, in the 

 following, all that seems of importance in a more concise form. 



I visited the seat of government of Nova Scotia, and that of Prince 

 Edward's Island, and St. John's, the principal city of New Bruns- 

 wick, where I communicated with the principal government officers, 

 with our consuls, with Admiral Sir Thomas Harvey, and the com- 

 mander of the British vessels of war with whom I met; as also with 

 the collectors of Portland and Eastport, Maine, and such other per- 

 sons as from their situations seemed qualified to impart information 

 on the questions arising. 



I had believed the vessels seized had been generally guilty of syste- 

 matic violation of the revenue laws; but I was soon led to suspect 

 thai this w;is not the cause, so much as a pretence, for seizing. 



A vessel once seized must be condemned, unless released as a favor; 

 because the owners will not claim her under the present laws of Nova 

 Scotia, where the only seizures have taken place. 



1 In' questions on which dispute may arise, are — 



1st. The meaning of the word bat/, in (he convention of 1818, where 

 the Americans relinquish the rights before claimed or exercised, of 

 li-hiiiL r in or upon any of the coasts, bays, &c, of her Britannic 

 Majesty's provinces, not before described, nearer than three miles. 



'I he authorities of Nova Scotia seem to claim a right to exclude 

 Americans from nil bays, including those large seas Mich as the l>ay 

 of Fundy ami tin- Bay of Chaleurs; and also to draw a line from 

 headland to headland; the Americans not to approach within three 

 mile- df t his line. 



'J'ln- li hermen, on the contrary, believe they have a right, to work 

 anywhere, if not Dearer than three miles to the land. 



The orders of Admiral Sir Thomas Harvey, as he informed me, 

 are only t" prevent their fishing nearer than three mil' 



According t<> this construction, Americans may fish in the Bay of 

 Fundy, Bay of Chaleurs, and the Bay of Miramichi; while their 

 right would be doubtful in Chedabucto hay, and the}- would be pro- 

 hibited in th<- other bay of Nova Scotia. 



:c"i09°— 8. Doc. K70, ill :], vol 2 30 



