PERIOD FROM 1854 TO 1871. 603 



Her Majesty's Government are clearly of opinion, that by the Con- 

 vention of 1818. the United States have renounced the right of fish- 

 ing, not only within three miles of the Colonial Shores, but within 

 three miles of a line drawn across the mouth of any British bay or 

 creek. But the question what is a British bay or creek is one that 

 has been the occasion of difficulty in former times. 



It is, therefore, at present the wish of Her Majesty's Government 

 neither to concede, nor, for the present, to enforce, any rights in 

 this respect which are in their nature open to any serious question. 

 Even before the conclusion of the Reciprocity Treaty, Her Majesty's 

 Government had consented to forego the exercise of its strict right to 

 exclude American fishermen from the Bay of Fundy; and they 

 are of opinion that during the present season that right should not 

 be exercised in the body of the Bay of Fundy, and that American 

 fishermen should not be interfered with either by notice or other- 

 wise, unless they are found within three miles of the shore or within 

 three miles of a line drawn across the mouth of a bay or creek which 

 is less than ten geographical miles in width, in conformity with the 

 arrangement made with France in 1839. American vessels found 

 within these limits should be warned that by engaging or preparing 

 to engage in fishing they will be liable to forfeiture, and should 

 receive the notice to depart which is contemplated by the laws of 

 Nova Scotia, New Brunswick, and Prince Edward Island, if within 

 the waters of one of these colonies under circumstances of suspicion. 

 But they should not be carried into port except after wilful and per- 

 severing neglect of warnings which they may have received; and in 

 case is should become necessary to proceed to forfeiture, cases should, 

 if possible, be selected for that extreme step in which the offence of 

 fishing has been committed within three miles of land. [See Note G.] 



Her Majesty's Government do not desire that the prohibition to 

 enter British bays should be generally insisted on, except when then 

 is reason to apprehend some substantial invasion of British rights. 

 [See Note H.J 



And in particular, they do not desire American vessels to be pre- 

 vented from navigating the Gut of Canso (from which TTer Majesty's 

 Government are advised they may be lawfully excluded;) unless it 

 shall appear that this permission is used to the injury of Colonial fish- 

 ermen, or for other improper object-. 



I have it in command to make this communication to your Lord- 

 ships as conveying the decision of Her Majesty's Government on this 

 subject. 



I have, &c. 



(Signed) Bdwabb Cardwell 



[MARGINAL -.'Mis on FOREGOING LETTER.] 



[V/] (American Fishermen provided with Licenses are not snbjed 

 to this prohibition. See additional instructions.) 



A. The Report her'- directed i to be forwarded to me in triplicate 

 for iran-mi- ion to the Lords Commi ioner of the Admiralty. 



B. Tn all ' ;i e in which inconvenience would arise Prom the Cli 



in the Colonial \ < • t which prescribes the delivery <>f the Ve el 

 seized, "to the Officer of the Colonial Revenue next to the place 

 where seized," prosecute under thi \<t. 



