464 CORRESPONDENCE, ETC. 



Indeed, the main object of the treaty was not only to secure to Ameri- 

 can fishermen, in the pursuit of their employment, the right of fish- 

 ing. I'ui likewise to insure to them as large a proportion of the con- 

 veniences afforded by the neighboring coasts of British settlements, 

 as might be reconcilable with the just rights and interests of British 

 settlements, and the due administration of her Majesty's dominions. 

 The construction therefore, which has been attempted to be put upon 

 the stipulations of the treaty by the authorities of Nova Scotia, is 

 directly in conflict with their object, and entirely subversive of the 

 rights and interests of the citizens of the United States. It is one 

 moreover, which would lead to the abandonment, to a great extent, 

 of a highly important branch of American industry, which could not 

 for a moment be admitted by the government of the United States. 

 The undersigned has also been instructed to acquaint Lord Palm- 

 erston that the American government has received information 

 that in the House of Assembly of Nova Scotia during the session of 

 1839-40, an address to her Majesty was voted, suggesting the exten- 

 sion to adjoining British colonies of rules and regulations relating 

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

 and which have proved so onerous to the fishermen of the United 

 States; and that efforts, it is understood, are still making to induce 

 the other colonies to unite with Nova Scotia in this restrictive sys- 

 tem. Some of the provisions of her code are of the most extraordi- 

 nary character. Among these is one which declares that any foreign 

 vessel preparing to fish within three miles of the coast of her Majesty's 

 dominions in America shall, together with her cargo, be forfeited; 

 that in all cases of seizure, the owner or claimant of the vessel, &c, 

 shall be held to prove his innocence, or pay treble costs ; that he shall 

 be forced to try his action within three months, and give one month's 

 notice at least to the seizing officer, containing everything intended 

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

 prove that the notice has been given. The seizing officer, moreover, 

 is almost wholly irresponsible, inasmuch as he is liable to no prosecu- 

 tion if the judge certifies that there was probable cause; and the 

 plaintiff, if successful in his suit, is only to be entitled to two pence 

 damages without costs, and the defendant fined not more than one 

 shilling. In short, some of these rules and regulations are violations 

 of well established principles of the common law of England, and 

 of the principles of the just laws of all civilized nations, and would 

 seem to have been designed to enable her Majesty's authorities to 

 seize and confiscate with impunity American vessels, and embezzle 

 indiscriminately the property of American citizens employed in the 

 fisheries on the coasts of the British provinces. 



It may be proper, also, on this occasion, to bring to the notice of her 

 Majesty's government the assertion of the provincial legislature, 

 " that the Gulf or Strait of Canso is a narrow strip of water, com- 

 pletely within and dividing several counties of the province," and 

 that the use of it by the vessels and citizens of the United States is 

 in violation of the treaty of 1818. This strait separates Nova Scotia 

 from the island of Cape Breton, which was not annexed to the 

 province until the year 1820. Prior to that, in 1818, Cape Breton 

 was enjoying a government of its own, entirely distinct from Nova 

 Scotia, the strait forming the line of demarcation between them, and 

 being then, as now, a thoroughfare for vessels passing into and out 



