236 APPENDIX TO BRITISH CASE. 



ticipate the decision of the question under negotiation between the 

 two countries: 



But seeing that the American fisherman was permitted to carry 

 into practical effect the construction of the treaty favourable to his 

 own interest by fishing in the Bay of Fundy the colonial authorities 

 have not been able to discover on the part of the United States that 

 forbearance which challenges the commendation of his Excellency, 

 nor the exercise of a reciprocity with which the province was called 

 to be content. 



Before acting on their own view of the subject the Provincial As- 

 sembly obtained t'->ro' Her Majesty's Government the favourable opin- 

 ion of the first law officers of the Crown on the general question on a 

 case in which the Bay of Fundy was specially stated to be one of the 

 bays in which American subjects conducted the fishery regarding 

 which their opinion was sought. 



The treaty sanctioned rights in which the inhabitants of this colony 



are deeply interested ; The Imperial Statute 59. Geo. 3 chap. 33. 



139 and the Colonial Act 6. Wm. 4 chap. 8. specially confirmed by 



His late Majesty, directed the mode in which these rights were 



to be guarded from invasion. 



In seizing the Washington and bringing her to adjudication the 

 seizing officers but sought the decision of a competent legal tribunal 

 having jurisdiction over the cause on her liability to forfeiture. 



The ability and integrity of the Judge who presides in the Vice 

 Admiralty Court at Halifax offered sufficient security for a sound 

 and impartial judgment and an appeal to the highest appellate court in 

 the realm afforded the means of the fullest investigation and the most 

 authoritative determination. It has been occasion of regret that the 

 Government of the United States in a matter of so much importance 

 had not seen it fit to meet the question in a mode that would have 

 insured the most perfect consideration of the argument on both sides. 

 and the decision of a tribunal having constitutional authority to adju- 

 dicate upon and determine the questions raised. 



In conclusion it is humbly urged upon the consideration of Her 

 Majesty's Government that the Bay of Fundy furnishes very valuable 

 and productive fisheries of herring, mackerel and shad as well as cod 

 and Her Majesty's Government cannot appreciate too highly the im- 

 portance and value set by the Legislature and people of Nova Scotia 

 upon the exclusion of American fishermen from the fisheries in the 

 Bay of Fundy. 



Any concession on this pount would be viewed with feelings of deep 

 regret and disappointment in this colony heightened by the consid- 

 eration that the arguments urged by the American minister altho' 

 now confined to the fisheries in the Bay of Fundy are calculated to be 

 pressed to consequences yet more extended ; and little hope will be 

 entertained, should they be allowed to be successful now, but that as 

 occasion may offer these arguments will be renewed and directed to 

 other attacks upon the system under which the fisheries of this prov- 

 ince can only be protected from injury by the American fishermen. 



It is conceived that the American Government has little claim at 

 present to urge their construction of the treaty as being sound and 

 correct in law, from having failed to sanction and use the opportunity 

 of competent legal investigation and decision, afforded by this prov- 

 ince; and that the colony may with propriety solicit from Her Maj- 



