DESPATCHES, EEPOKTS, CORRESPONDENCE, ETC. 219 



Mr. Stevenson goes on to say, that, " The construction which has 

 been attempted to be put upon the stipulations of the Treaty by the 

 authorities of Nova Scotia is directty in conflict with their object, and 

 entirely subversive of the rights and interests of the citizens of the 

 United States."- 



And again, " That some of the provisions of her code are of the 

 most extraordinary character " and towards the conclusion of his com- 

 munication, that, 



Some of these rules and regulations are violations of well established prin- 

 ciples of the common law of England, and of the principles of the just laws of 

 all civilized nations, and would seeru to have been designed to enable Her Maj- 

 esty's authorities to seize, and confiscate with impunity. American vessels, and 

 embezzle indiscriminately the property of American citizens employed in the 

 fisheries on the coasts of the British provinces. 



This is very strong language, and if justly applicable at all, is 

 applicable to the Statute of the 59th: Geo: 3rd: passed by the Im- 

 perial Parliament one year after the signing of the Convention, and 

 with the express design of carrying out its provisions. 



The words of the above Imperial Statute 59 Geo 3rd : cap 38. are. 



And that it shall not be lawful for any person or persons not being a natural 

 born subject of His Majesty, in any foreign ship, vessel, or boat, nor any person 



in any ship vessel or boat, other than such as shall be navigated according 

 129 to the law of the United Kingdom of Great Britain and Ireland to fish 



for, or to take, cfry, or cure any fish of any kind whatever, within three 

 marine miles of any coasts, bays, creeks or harbours whstever, in any part of 

 His Majesty's dominions in America not included within the limits specified 

 and described in the first article of the said Convention; and that if any such 

 foreign ship vessel, or boat, or any persons on board thereof, shall be found 

 fishing or preparing to fish, within such distance of such coasts, bays, creeks, 

 or harbours, within such parts of His Majesty's dominions in America out of 

 the said limits as aforesaid; all such ships, vessels, and boats, together with 

 their cargoes, and all guns, ammunition, tackle, apparel, furniture, and stores, 

 shall be forfeited and shall and may be seized, taken, sued for, prosecuted, 

 recovered, and condemned, by such and the like ways, means, and methods, and 

 in the same courts as ships vessels or boats may be forfeited, seized, prosecuted 

 and condemned for any offence against any laws relating to the revenue of 

 customs or tlic lutrx of trade and navigation under any Act, or Acts of the 

 Parliament of Great Britain, or of the United Kingdom of Great Britain and 

 Ireland, provided that nothing in said Act contained shall apply, or be con- 

 strued to apply, to the ships or subjects of any prince potentate, power, or state, 

 in amity with His Majesty, who are entitled by Treaty with His Majesty to 

 any privilege of taking, drying, or curing fish, on the coast, in the bays, creeks, 

 or harbours or within the limits in that Act described. 



Thus the very words " preparing to fish " so strongly animadverted 

 on by Mr. Stevenson are copied from an Imperial Act which has 

 bee/J twenty three years in force, and which, in as much as it has 

 relation to American interests of the greatest importance, and sprung 

 out of a Convention concluded with a view to the establishment of 

 those interests could not but be well known to the Government of the 

 United States. 



The 8 section of the 6th : of Wm. 4th : which provides that the 

 owner of the vessel seized shall be held to prove his innocence does not 

 involve the payment of treble costs in case of failure, and Mr. Steven- 

 son is, as I am assured by the Crown officers here, in error with 

 respect to tl^e interpretation he has given to it. 



Mr. Stevenson objects to the seizing officer being " liable to no 

 prosecution if the Judge certifies that there is probable cause of 

 seizure " and complains that, k ' the plaintiff if successful in his suit is 



