206 APPENDIX TO BRITISH CASE. 



August, remains under consideration; all the information with re- 

 spect to it, which is desired, not having been yet obtained. 

 I have the honour to be, sir, your obedient, humble servant, 



RUPERT D. GEORGE. 

 JAMES PRIMROSE, Esq., 



American Consul. 



No. 70. 1839, December 29: Letter from Lieutenant Paine (United 

 States Navy] to Mr. Forsyth (Untied States Secretary of State}. 



WASHINGTON, December 29, 1839. 



SIR: In my late cruise on the coasts of Her Britannic Majesty's 

 provinces, I found the convention of 1818, on the subject of fisheries, 

 so variously construed, that I deemed it proper to address the Navy 

 Department on the subject the letters to which I alluded in con- 

 versation with you. 



Avoiding unnecessary repetitions, I will endeavor to give, in the 

 following, all that seems of importance in a more concise form. 



I visited the seat of government of Nova Scotia, and that of Prince 

 Edward's Island, and St. John's, the principal city of New Bruns- 

 wick, where I communicated with the principal government officers, 

 with our consuls, with Admiral Sir Thomas Harvey, and the com- 

 manders of the British vessels of war with whom I met; as also 

 with the collectors of Portland and Eastport, Maine, and such other 

 persons as from their situations seemed qualified to impart informa- 

 tion on the questions arising. 



I had believed the vessels seized had been generally guilty of sys- 

 tematic violation of the revenue laws; but I was soon led to suspect 

 that this was not the cause, so much as a pretence, for seizing. 



A vessel once seized must be condemned, unless released as a favor; 

 because the owners will not claim her under the present laws of Nova 

 Scotia, where the only seizures have taken place. 



The questions on which dispute may arise, are 



1st. The meaning of the word Bay, in the convention of 1818, 

 where the Americans relinquish the rights before claimed or exer- 

 cised, of fishing in or upon any of the coasts, bays, &c., of Her 

 Britannic Majesty's provinces, not before described, nearer than 

 three miles. 



The authorities of Nova Scotia seem to claim a right to exclude 

 Americans from all bays, including those large seas such as the 

 Bay of Fundy and the Bay of Chaleurs; and also to draw a line 

 from headland to headland; the Americans not to approach within 

 three miles of this line. 



The fishermen, on the contrary, believe they have a right to work 

 any where, if not nearer than three miles to the land. 



The orders of Admiral Sir Thomas Harvey, as he informed me, 

 are only to prevent their fishing nearer than three miles. 



According to this construction, Americans may fish in the Bay 

 of Fundy, Bay of Chaleurs, and the Bay of Miramichi ; while their 

 right would be doubtful in Chedabucto Bay, and they would be 

 prohibited in the other bays of Nova Scotia. 



