DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 205 



be characterized not only by a total want of courtesy, but very fre- 

 quently assumes the aspect of open and wanton aggression. 



In the hope of receiving your reply to my note of the 15th of July, 

 I have refrained from multiplying complaints ; but the nature of the 

 outrage committed on the Emerald requires that I should make the 

 government of this Province acquainted with it. 



With great respect, I have the honour to be, sir, your most obedient 

 and humble servant. 



JAMES PRIMROSE, 



Consul of the United States of America. 

 Hon. Sir R. D. GEORGE, 



Provincial Secretary, dec., Halifax. 



No. 69. 1839, November 9: Letter from Sir Rupert D. George. Pro- 

 vincial Secretary, to Mr. James Primrose, United States Consul 

 at Pictou, Nova Scotia. 



PROVINCIAL SECRETARY'S OFFICE, 



Halifax, November 9, 1839. 



SIR: The attention of the Lieutenant Governor and her Majesty's 

 Council having been directed, by your letters of the 15th July and 

 26th September last, to the mode of collecting light-duties from 

 American vessels in the Gut of Canso, that subject has received the 

 best consideration of the board ; and I am directed to acquaint you, 

 with reference to the particular cases which you have brought under 

 his Excellency's notice, that the taking of merchandize or ship's 

 stores, instead of money, in payment of light-duty, (as in some few 

 cases appears to have been done,) is, under any circumstances, 

 121 unauthorized on the part of the collector. The collectors have 

 accordingly been informed that such a proceeding is irregular 

 and unlawful, and must on no account be hereafter resorted to; and it 

 has been further intimated to them, that when the light-duty has been 

 incurred, and its payment after demand has been refused or neglected, 

 the vessel is liable to seizure ; but that the law does not give warrant 

 for the use of violence in bringing vessels to in cases where no previ- 

 ous demand has been made ; and that the exhibition of fire-arms, while 

 in the performance of their office, is highly reprehensible. The col- 

 lectors are also instructed not to demand light-duty from vessels 

 bound to Pictou, unless they come to anchor in the strait. 



With respect to the concluding paragraph of your letter of the 15th 

 of July, I have it in command to remark that His Excellency can- 

 not admit the character given to the Gut of Canso as a part of the 

 high seas until recognized by some authoritative decision, as the cor- 

 rectness of its application to that narrow passage lying entirely be- 

 tween the lands of this province may be questionable, more especially 

 as an open communication around the eastern end of the island of 

 Cape Breton is to be found on the high seas to the Gulf of Saint 

 Lawrence, or any other point to which the State of Canso can be made 

 subservient. 



I take this opportunity to state that the case of the American 

 schooner Amazon, which was the subject of your letter of the 26th 



