DESPATCHES, EEPOETS, CORRESPONDENCE, ETC. 239 



follow the indentations of the coast, and partly with the regulations 

 established by those authorities, in consequence of the annexation of 

 Cape Breton to Nova Scotia. 



With respect to the former point, the undersigned deems it unnec- 

 essary, on this occasion, to add anything to the observations con- 

 tained in his note to Lord Aberdeen, of the 25th of May, on the 

 subject of limitations of the right secured to American fishing vessels 

 by the treaty of 1783 and the convention of 1818, in reply to the note 

 of his lordship of the 15th of April on the same subject. As far as 

 the capture of the Argus was made under the authority of the Act- 

 annexing Cape Breton to Nova Scotia, the undersigned would ob- 

 serve that he is under the impression that the question of the legality 

 of that measure is still pending before the judicial committee of her 

 Majesty's privy council. It would be very doubtful whether rights se- 

 cured to American vessels under public compacts could, under any 

 circumstances, be impaired by acts of subsequent domestic legisla- 

 tion; but to proceed to capture American vessels, in virtue of such 

 acts, while their legality is drawn in question by the home Govern- 

 ment, seems to be a measure as unjust as it is harsh. 



Without enlarging on these views of the subject, the undersigned 

 would invite the attention of the Earl of Aberdeen to the severity 

 and injustice which in other respects characterise the laws and regula- 

 tions adopted by her Majesty's provincial authorities against the 

 fishing vessels of the United States. Some of the provisions of the 

 provincial law, in reference to the seizures which it authorizes of 

 American vessels, were pronounced, in a note of Mr. Stevenson to 

 Viscount Palmerston of the 27th of March, 1841, to be " violations of 

 well-established principles of the common law of England, and of the 

 principles of the just laws of well civilized nations; " and this strong 

 language was used by Mr. Stevenson under the express instructions 

 of his government. 



A demand of security to defend the suit from persons so little 

 able to furnish it as the captains of small fishing schooners, and so 

 heavy that, in the language of the Consul at Halifax, " it is generally 

 better to let the suit go by default," must be regarded as a provision 

 of this description. Others still more oppressive are pointed out in 

 Mr. Stevenson's note above referred to, in reference to which the 

 undersigned finds himself obliged to repeat the remark made in his 

 note to Lord Aberdeen of the 10th of August, 1843, that he believes 

 it still remains unanswered. 



It is stated by the captain of the "Argus " that the commander of 



the Nova Scotia schooner by which he was captured said that he 



was within three miles of the line beyond which, " on 



141 their construction of the treaty, we were a lawful prize, and 



that he seized us to settle the question." 



The undersigned again feels it his duty, on behalf of his govern- 

 ment, formally to protest against an act of this description. Ameri- 

 can vessels of trifling size, and pursuing a branch of industry of the 

 most harmless description which, however beneficial to themselves, 

 occasions no detriment to others, instead of being turned off the 

 debatable fishing ground a remedy fully adequate to the alleged 

 evil are proceeded against as if engaged in the most undoubtful 

 infractions of municipal law or the law of nations; captured and 

 sent into port, their crews deprived of their clothing and personal 



