PERIOD FROM 1836 TO 1854. 459 



In the address to the Queen (Page 848) the Strait of Canso is said 

 to be " a narrow strip of water completely within and dividing 

 several Counties of this Province." 



The Strait of Canso separates Nova Scotia proper from the Island 

 of Cape Breton, and has heretofore been an undisputed thorough- 

 fare for all vessels passing into and out of the Gulf of Saint Law- 

 rence. It is true that the Island of Cape Breton is at present com- 

 prehended in the Government of the Province of Nova Scotia, to 

 which it was annexed in the year 18:20; but in 1818, at the date of 

 the Convention with Great Britain, Cape Breton was a Colony 

 enjoying a government of its own, entirely distinct from this Prov- 

 ince, the Strait of Canso forming the line of demarcation between 

 them. The new annexation of the Island of Cape Breton to the 

 Province of Nova Scotia, could not fairly be construed as vesting 

 in the latter a right to shut up a passage which had since 1783 been 

 freely and without dispute, used by the Americans, as the chief 

 access to the fishing grounds in the Gulf of Saint Lawrence. I can- 

 not conceive how its passage can now possibly be construed into 

 a violation of the Treaty of 1818; for although the United States 

 thereby renounced the liberty to take, dry or cure fish, within three 

 marine miles of the shores of Nova Scotia, it surely will not be con- 

 tended that their fishing vessels, proceeding to, or returning from the 

 fishing grounds, may not be navigated, on the shores of this Prov- 

 ince, within the waters reserved for British fishing, at any time 

 when such navigation may be rendered subsequent to the more 

 favourable prosecution of their respective voyages. 



The fact, that American fishermen do frequently fish in prohibited 

 waters, will not now admit of a doubt; but it is equally certain, that 

 under the present restrictive system of this Province, many of the 

 innocent are frequently made to suffer, and are left without redress. 

 On Looking at the nature of the law and regulations under which 

 seizures are made — the inducements to excite the cupidity of the 

 seizors, and their almost entire irresponsibility, leave no room for 

 astonishment at the above circumstances: but although Nova Scotia 

 may by enactments shelter its officers from consequences, it cannot 

 absolve its government from liability for injuries committed under 

 cover of its authority. 



The great evil arising out of almost indiscriminate seizure of 

 American fishing craft on the coasts of the Provinces, would prob- 

 ably be best checked by demand on the British Government Tor 

 ample remuneration to all parlies sustaining injury through the 

 improper interference of the provincial authorities. 



I have received no reply (nor do I expect a satisfactory one) to 



any application to the Provincial Secretary respecting the detention 

 of the Amazon. I shall not interfere further in this matter without 

 instructions from your Department, in case I should embarrass any 

 proceedings which you may find it aece 3ary to adopt on tin- subject. 

 I enclose a copy of :i note addre <'d by me to Sir Rupert C. George 

 on the 21st July last to which I have received no answer. 



I have the honour to be Sir, Your most obedient and humble 

 servant, 



James Primbosb, Consul. 



