198 APPENDIX TO BRITISH CASE. 



the Nova Scotia fishermen. In the one case the remedy may be said 

 to be in our hands, and to rest mainly with ourselves, but the same 

 argument cannot be used in the other, for the distance of Nova Scotia 

 from this country, and the long line of coast to be watched, makes 

 it incumbent on a friendly Power such as the United States, consid- 

 ering their participation in the benefits of the fisheries, which is cer- 

 tainly a serious sacrifice on our part, to co-operate with us in put- 

 ting down the offences in question, and for that purpose to give the 

 Nova Scotia fishermen the benefit of a liberal construction of the 

 treaty in their favour. The points which Mr. Fox will have to 

 establish are, 



1st. The three marine miles within which the citizens of the 

 United States are, by the Convention prohibited from fishing, must 

 be calculated from the headlands of Novia Scotia, and not as the 

 Americans contend, beyond a line curving and corresponding with 

 the coast. 



2d. The fishermen of the United States are to be restrained from 

 setting their nets within the bays or harbours of Nova Scotia and 

 Newfoundland. 



3d. They are to be restricted from the use of jigs upon the coasts 

 of Nova Scotia and Newfoundland. 



4th. They are to be restrained from coming within the bays, or 

 harbours of Nova Scotia or Newfoundland, the Magdalen Islands not 

 excepted, for any other purpose than obtaining shelter or repairing 

 damage, or purchasing wood, or procuring water, and the provision 

 in the 1st. article of the Convention by which such limitation is ex- 

 pressed, should be strictly enforced. 



How these restrictions are to be carried into effect will be a most 

 important subject of consideration, and one involved in much diffi- 

 culty, but under the circumstances stated in the Report of the Com- 

 mittee above mentioned, their Lordships think that additional facil- 

 ities should be required from the Government of the United States 

 for the detection of offenders with perhaps a more summary mode of 

 punishment than the Admiralty Court affords, but the negotiation 

 will probably lead to the suggestion of measures for this purpose on 

 which their Lordships will be ready to give an opinion when the same 

 shall have been brought before this Board. 



Their Lordships direct me further to enclose for Lord Palmer- 

 ston's information, the opinion of the Queen's Advocate upon a case 

 submitted to him by this Board with reference to some parts of the 

 Report of the Committee which their Lordships had reason to believe 

 might otherwise be supposed to have escaped his attention. 

 I am Sir Your most obedient servant 



DENIS LE MARCHANT 

 J BACKHOUSE Esqr &c &c &c 



p.g. The Printed Report being in original is herewith returned. 



117 No. 65. 1838, October 6: Letter from Viscount Palmerston 

 to Mr. Fox (British Minister at Washington}. 



(No. 16.) FOREIGN OFFICE October. 6th 1838 



SIR, An Address of the Legislative Council and House of Assem- 

 bly of Nova Scotia having been transmitted to Her Majesty, com- 



