220 APPENDIX TO BEITISH CASE. 



only entitled to 2d damages, without costs, and the defendant can be 

 fined no more than one shilling." 



This is an imperfect statement of the clause, inasmuch as the 

 plaintiff is entitled to recover the value of his goods, but in case 

 probable cause, is certified, he can only in addition recover two 

 pence damages. The provision was however transcribed from the 

 Imperial Statute of the 6th Geo: 4th cap: 114. entitled "An Act to 

 regulate the trade of the British possessions abroad," and therefore, 

 if it be in reality " a violation of the well established principles of 

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

 of all civilized nations" has been long submitted to by British sub- 

 jects, and could not have been designed by the Assembly of Nova 

 Scotia, " to enable Her Majesty's authorities to seize and confiscate 

 with impunity American vessels, and embezzle indiscriminately the 

 property of American citizens." 



Her Majesty's exclusive property and dominion, in the Strait of 

 Canso is deemed maintainable upon the principles of international 

 law, already referred to, and which it is considered will apply equally, 

 whether the shores on each side form parts of the same province, or 

 of different provinces, belonging to Her Majesty. This strait is very 

 narrow, not exceeding in some parts one mile in breadth, as may be 

 seen on the Admiralty charts, and its navigation, is not necessary for 

 communication with the space beyond, which may be reached by going 

 round the Island of Cape Breton. 



Having noticed successively the allegations of the American Min- 

 ister, I may be permitted to make one or two remarks on the general 

 tenor of his Excellency's communication, which goes to charge the 

 Legislature of Nova Scotia, with a design to subvert the rights, and 

 interests, of the citizens of the United States, in contravention of the 

 Treaty of 1818. 



It appears to me that the Provincial Legislature cannot fairly be 

 accused of any such intention. It is manifest that neither the 

 Statute of the Imperial Parliament, nor that of the Colonial Legis- 

 lature, can extend the terms of the Treaty itself, or render them more 

 comprehensive, its true construction according to the law of nations, 

 must govern those to be affected by it, and the colonists aware of 

 this, and conceiving themselves wronged by the interpretation given 

 to the treaty by their neighbours of the tlnited States, have long been, 

 and now are, as my Despatch No: 69: date April 28th 1841. will 

 have informed your Lordship, anxious to obtain the opinions of the 

 most eminent jurists on the subject, not seeking for any forced con- 

 struction of the Treaty to give them privileges not contemplated at 

 its execution, but merely to protect themselves from that which, be they 

 in error or not; they now deem an infringement of their rights. 

 The whole course of their legislation appears to prove this: In the 

 laws they have made for the protection of their fisheries, which are 

 in no case more extensive than the Imperial Statute 59 : Geo : 3rd. 

 there is not only nothing new, but they have endeavoured as I have 

 shown to adopt on all occasions the principles of Imperial legislation 

 and have copied even the words of Imperial Acts. 



I have now I trust established that if the interpretation put on the 

 Treaty by the inhabitants of Nova Scotia is an incorrect one they 

 are sincere in their belief of the justice, and truth, of that interpreta- 

 tion, and are most anxious to have it tested by capable authorities, 

 and further, that if the laws passed by the Provincial Legislature are 



