026 CQBEESPONDENGE, ETC. 



the shore, "was seized by the British authorities, taken into Yarmouth, 

 Nova Seotia, and there condemned for a violation of the fishery laws. 



In 1853, after the adoption of the reciprocity treaty, the case was 

 brought before the commissioners on a claim of the owners of the 

 schooner for damages; and after a full and careful examination was 

 decided in favor of the claimants, to whom damages were awarded 

 for the illegal seizure and condemnation. Since that time what is 

 termed the " headland " interpretation of the treaty, theretofore at 

 different times insisted upon by Great Britain and uniformly op- 

 posed by the United States, if not actually abandoned, has been held 

 in abeyance, and it is not probable that any questions will hereafter 

 arise in relation to it between the two countries. 



In regard to fishing supplies, the practice which has so long pre- 

 vailed of procuring them in colonial ports, with the full knowledge 

 and consent of both governments, whose citizens have mutually 

 shared in the benefits resulting from such practice, must be regarded 

 as a practical construction given to the treaty which, concludes all 

 parties. 



TRANSSHIPMENT IN BOND. 



Since the abrogation of the reciprocity treaty until within a few 

 weeks past, it had been the practice of the colonial authorities to per- 

 mit the transshipment in bond of American-caught fish. The prac- 

 tice was founded upon no statutory enactment, but was adopted as 

 a commercial regulation, mutually beneficial to our fishermen and the 

 people of the provinces. It afforded facilities to the former in the 

 prosecution of a lawful and useful avocation, and increased the trade 

 and contributed to the prosperity of the latter. While its discon- 

 tinuance, in itself, violates no established commercial usage between 

 friendly nations, as in the case of the prohibition of supplies to our 

 fishermen, yet the time of its discontinuance, in the midst of the fish- 

 ing season, without previous notice, and when much greater and more 

 important bonding privileges were, and still are, extended by the 

 United States to the British colonies, is a just cause of complaint. 



FRESH FISH. 



While fresh fish, the product of the British North American fish- 

 eries, is admitted into the United States duty free, our fishermen are 

 prohibited from procuring ice for fresh fish caught while fishing side 

 by side with British fishermen on the same banks. 



PILOTAGE. 



To subject fishing vessels coming into colonial ports, as is now the 

 case, to the compulsory regulations respecting pilotage applied to 

 merchant Vessels, nnd at the same time to deny them when in port 

 the ordinary privileges extended to such merchant vessels, is mani- 

 festly unjust. 



BURDEN OF PROOF CHANGED. 



The Dominion act framed in 1868 reverses, in violation of the 

 principles of common law, the ordinary modes of proof, and declares, 



