DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 221 



-eally of the oppressive nature they are asserted to be by Mr. Steven- 

 son they were enacted in the belief that the f ramers of them were do- 

 ing nothing more than carrying out the views of the Home Govern- 

 ment as to the mode in which the colonists should protect their own 

 dearest interests. I inclose a copy of a proclamation, containing the 

 Act of 6th of Wm. the 4th of which Mr. Stevenson complains, 

 130 and any alteration in its provisions, should such be deemed 

 necessary, may be made early in the next session of the Pro: 

 Parliament. 



With regard to the Convention of 1818, it is I think apparent, 

 (from the history of the transaction as given by Mr. Rush in his 

 Memoirs chap : 19 page 400. ) that at the time it was concluded the 

 American Plenipotentiaries acting on wrong information derived 

 from their own fishermen, believed, that in renouncing for ever the 

 liberty of fishing within three miles of any part of the coasts of Brit- 

 ish America, where the right of fishing is not guaranteed to them by 

 the terms or the said Convention, they did not in reality relinquish 

 the advantages to be derived from these fisheries, for they supposed 

 the whole fishing ground on the coast of Nova Scotia to extend to 

 a greater distance than three miles from the land. 



The Plenipotentiaries however acted on bad information, and were 

 mistaken, beyond three miles from the land, very few, if any herring 

 or mackerel, the chief objects of pursuit are to be caught, and the 

 natives of the United States are now consequently disappointed, and 

 discontented, at not continuing to enjoy that wh. they had as they 

 conceived only apparently covenanted to give up. Mr. Rush in his 

 Memoirs page 400. cap : 19. claims credit for his astuteness in regard 

 to this arrangement and the introduction into the Treaty of a clause 

 not found in the British contre-projet in the following words, 



" It was by our act that the United States renounced the right to the fisheries 

 not guaranteed to them by the Convention. That clause did not find a place in 

 the British contre-projet. We deemed it proper under a threefold view : first, 

 to exclude the implication of the fisheries secured to us being a new grant : 

 secondly, to place the rights secured and renounced on the same footing of per- 

 manence; thirdly, that it might expressly appear that our renunciation was 

 limited to three miles fm the coasts." This last point we deemed of the more 

 consequence from our fishermen having informed us that the whole fishing 

 ground on the coasts of Nova Scotia extended to a greater distance than " three 

 miles from the land: whereas along the coasts of Labrador it was almost 

 universally close in with the coast." 



Whatever the true construction of the Treaty may be, and I cannot 

 but conceive that that construction must be ascertained, not by negotia- 

 tion, but in the courts of law, Her Majesty's subjects in this province 

 will willingly abide by it, and in like manner I cannot doubt but that 

 any course Her Majesty's Govt : may deem it expedient to follow with 

 regard to the above Treaty will be cheerfully acquiesced in by the 

 people of Nova Scotia who feel assured that in a matter of such vital 

 importance to their future prosperity, the conduct of the mother 

 country will be guided by principles of equity and a due regard to the 

 interests of her offspring wherever those interests ought in justice to 

 be upheld. 



I have the honour to be My Lord, 



your Lordship's, obdt: humble servt: 



FALKLAND: 

 The Lord John Russell, 



&c &c &c 



