PERIOD FROM 1836 TO 1854. 461 



liberty before enjoyed by their citizens of fishing within three marine 

 miles of any coasts, bays, &c., of the British domains in America 

 not included within those limits, and retain for their vessels the priv- 

 ilege (under the restrictions therein named,) of entering such bays or 

 harbors for the purposes of shelter, and of repairing damages therein, 

 of purchasing wood, and of obtaining water. 



Our fishermen believe, and they are obviously right in their opin- 

 ion, if uniform practice is any evidence of correct construction, that 

 they can with propriety take fish anywhere on the coasts of the Brit- 

 ish provinces, if not nearer than three miles to land, and resort to 

 their ports for shelter, wood, water, &c. ; nor has this claim ever been 

 seriously disputed, based as it is on the plain and obvious terms of 

 the convention, whilst the construction attempted to be put upon that 

 instrument by the authorities of Nova Scotia is directly in conflict with 

 its provisions, and entirely subversive of the rights and interests of 

 our citizens. It is one which would lead to the abandonment, to a 

 great extent, of a highly important branch of American industry, 

 and cannot for one moment be admitted by this government. 



I am instructed by the President to convey to you his desire that, on 

 the receipt of this letter, you immediately address a representation of 

 the whole subject to her Majesty's government, earnestly remonstrate 

 against the illegal and vexatious proceedings of the authorities of 

 Nova Scotia towards our fishermen, and request that measures be 

 forthwith adopted by her Majesty's government to remedy the evils 

 arising out of this misconstruction, on the part of the provincial 

 authorities, of their conventional obligations, and to prevent the possi- 

 bility of the recurrence of similar acts. 



It is important that this subject should be acted upon without delay, 

 as in the House of Assembly of Nova Scotia, at the session of 1839-'40, 

 an address to the Queen was voted, suggesting the extension to the 

 adjoining British colonies, of rules and regulations relating to the 

 fisheries similar to those in actual operation in that province, which 

 have proved so onerous to American fishermen, and efforts, it is 

 understood, are still making to induce the other colonies to unite with 

 Nova Scotia in her restrictive system. Some of the provisions of her 

 code, supposed to be substantially the same with those of the provin- 

 cial law above referred to, are of the most extraordinary character. 

 For instance, a foreign vessel preparing to fish within three miles of 

 the coast of her Majesty's dominions in America, is, together with her 

 <"irgo, to be forfeited ; in cases of eizure the owner or claimant of the 

 vessel, &c., to be held to prove his innocence or pay treble costs; he is 

 forced to try his action within three months; to give a month's notice 

 to the seizing officer, which notice must contain everything intended 

 to be proved against him, before a suit can he instituted; and also to 

 prove that the not ire ha-; been given. The seizing officer is almost 



wholly irresponsible, since he is liable to no prosecution; if the judge 

 certify that there was probable cause, and the plaint ill' in such suit, if 



he be successful, is only entitled to two pence damages without costs, 

 the defendant to be lined not more than one shilling. &c, &C. In 

 short, some of these rules ami regulations are violations of well estab- 

 lish ed principles of the common law of England and of die principles 

 of all ju-t powers and all civilized nation . ami seem to be expressly 

 designed to enable her Majesty's authorities, with perfect impunity to 



