570 CORRESPONDENCE, ETC. 



In 1845 her Majesty's government receded from the above position, 

 so far as the bay of Fnndy is concerned, and from that date our right 

 of fishery in that bay has not been a matter of dispute. It is now 

 open to American fishermen, to be used in the same manner as the 

 more open sea ; provided, however, that they do not take fish within 

 three marine miles of the coasts or of the entrance to any bay, creek, 

 or harbor of Nova Scotia or New Brunswick, between which two 

 provinces that arm of the sea extends. 



2. As to the restrictions imposed by the colonies to prevent the 

 privileges of shelter, &c, from being abused by American fishermen. 



The fishermen of the United States are frequently compelled by 

 rough weather, or by injuries to their vessels received in a gale, or 

 in consequence of collision or other accident, to seek the nearest port 

 for shelter and repairs. And it is also necessary at stated intervals, 

 while they are engaged during the summer and fall in following 

 their avocation, that they should take on board a resupply of wood 

 and water; and for either of these purposes they have the right, 

 so long as the convention continues in force, to resort to the bays and 

 harbors of the different provinces. 



Some of the colonial laws, especially those of Nova Scotia, enacted 

 to prevent the abuse of these privileges, are of such a stringent char- 

 acter as to almost annul the right, or make it at least hazardous for 

 American fishermen to attempt to enjoy it. Seizures are made on 

 the slightest suspicion, or on false pretenses or charges; heavy bonds 

 are required before suit can be instituted to recover; the owner of 

 the vessel must bring the charges, and, if unsuccessful, he is mulcted 

 in treble costs, besides the loss of vessel and cargo. 



In this connection it must be borne in mind that a proposition 

 was made to introduce into the convention a stipulation that " it 

 shall not be lawful for the vessels of the United States, engaged in 

 the said fishery, to have on board any goods, wares, or merchandise 

 whatever, except such as may be necessary for the prosecution of 

 the fishery or support or the fishermen," &c, and that this proposed 

 stipulation having been objected to by Messrs. Gallatin and Rush, 

 on the ground that it " would expose our fishermen to endless vexa- 

 tions," it was withdrawn by the British plenipotentiaries. 



Such was the condition of the controversy between the United 

 States and Great Britain as to the limits of our right of fishery 

 on the provincial coasts, and such the severe restrictions, amounting 

 almost to prohibition, on the privilege of entering bays and harbors 

 for shelter, wood, or water, previous to 1854, the date of the late 

 reciprocity treaty with Great Britain. That treaty having expired 

 on the 17th of March last, the American fishermen must fall back 

 upon their rights, as thus explained, and as heretofore enjoyed. 

 I have the honor to be, very respectfully, your obedient servant, 



Richard D. Cutts. 

 Hon. William H. Seward. 



Secretary of State. 



[Inclosure No. 2.] 



Protocol. 



Whereas in the 1st article of the convention between the United 

 States and Great Britain, concluded and signed in London on the 

 20th of October, 1818, it was declared that " the United States hereby 



