PEEIOD FROM 1836 TO 1854. 487 



contained in his note to Lord Aberdeen, of the 25th of May, on the 

 subject of limitations of the right secured to American fishing vessels 

 by the treaty of 1783 and the convention of 1818, in reply to the 

 note of his lordship of the 15th of April on the same subject. As far 

 as the capture of the Argus "was made under the authority of the act 

 annexing Cape Breton to Nova Scotia, the undersigned would ob- 

 serve that he is under the impression that the question of the legality 

 of that measure is still pending before the judicial committee of her 

 Majesty's privy council. It would be very doubtful whether rights 

 secured to American vessels under public compacts could, under any 

 circumstances, be impaired by acts of subsequent domestic legislation; 

 but to proceed to capture American vessels, in virtue of such acts, 

 while their legality is drawn in question by the home government, 

 seems to be a measure as unjust as it is harsh. 



Without enlarging on these views of the subject, the undersigned 

 would invite the attention of the Earl of Aberdeen to the severity and 

 injustice which in other respects characterize the laws and regula- 

 tions adopted by her majesty's provincial authorities against the 

 fishing vessels of the United States. Some of the provisions of the 

 provincial law, in reference to the seizures which it authorizes of 

 American vessels, were pronounced, in a note of Mr. Stephenson to 

 Viscount Palmerston of the 27th of March, 1841, to be " violations 

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

 of the principles of the just laws of well civilized nations;" and this 

 strong language was used by Mr. Stevenson under the express in- 

 structions of his government. 



A demand of securit}' to defend the suit from persons so little 

 able to furnish it as the captains of small fishing schooners, and 

 so heavy that, in the language of the Consul at Halifax, " it is gen- 

 erally better to let the suit go by default," must be regarded as a 

 provision of this description. Others still more oppressive are 

 pointed out in Mr. Stevenson's note above referred to, in reference 

 to which the undersigned finds himself obliged to repeat the remark 

 made in his note to Lord Aberdeen of the 10th of August, 1813, 

 that he believes it still remains unanswered. 



It is stated by the captain of the u Argu8 n that the commander 

 of the Nova Scotia schooner by which he was captured said that he 

 was within three miles of the line beyond which, "on their construc- 

 tion of the treaty, we were a lawful prize, and that he seized us to 

 settle the question." 



The undersigned again U-r\< it his duty, on behalf of his govern- 

 ment, formally to protest against an act of this description. Ameri- 

 can \r ?els of trifling size, and pursuing a branch of industry of the 

 most harmless description which, however beneficial to themselves, 

 occasion! no detriment to others, instead of being turned oil' the de- 

 batable fishing ground — a remedy fully adequate to the alleged 

 evil arc proceeded against as if engaged in the mosl undoubted 

 infraction* of municipal law or the law of nations; captured and 



-i-nt into port, (heir crews deprived Of their clothing and personal 



effects, and the \c elj subjected to a mode of procedure in the courts 



which amounts in many cases to confiscation; and this is done to 

 Sett le the construction of a treaty. 



A COUrse SO violent and IWneceSSa rily harsh would be regarded 

 by any government as a just cause of complaint against any other 



