248 APPENDIX TO BRITISH CASE. 



146 infractions of the Convention of the 20th Oct 1818 between 

 G. Britain & the U. States, I have to acquaint your Lordship 

 that, after mature deliberation, H. M. Govt deem it advisable for 

 the interests of both countries to relax the strict rule of exclusion 

 exercised by G. Britain over the fishing vessels of the U. States enter- 

 ing the bays of the sea on the B. N. American coasts. H. M. Govt 

 therefore henceforward propose to regard as bays, in the sense of the 

 treaty, only those inlets of the sea which measure from headland to 

 headland at their entrance the double of the distance of 3 miles, 

 within which it will still be prohibited to the fishing vessels of the 

 United States to approach the coast for the purpose of fishing. I 

 transmit to your Lordship herewith the copy of a letter, together 

 with its enclosures, which I have received from the Foreign Office 

 upon this subject, from which you will learn the general views enter- 

 tained by H. M. Govt as to the expediency of extending to the whole 

 of the coasts of the British possessions in N. America, the same liber- 

 ality with respect to U. States fishing boats as H. M. Govt have re- 

 cently thought fit to apply to the Bay of Fundy; and I have to 

 request that your Lordship would inform me whether you have any 

 objections to offer, on provincial or other grounds, to the proposed 

 relaxation of the construction of the Treaty of 1818 between this 

 country and the U. States. 



I have &c STANLEY. 



No. 89. 1845, June 16: Report from Attorney-General of Nova 



Scotia to the Lieutenant-Governor enclosed in No. 91, Appendix, 



p. 150. 



HALIFAX 16th June 1845 



MY LORD Agreeably to your Excellency's desire, I have the honour 

 to report such suggestions as appear to arise from the despatch of the 

 Right Hon Secretary of State for the Colonies, dated the 19th May 

 last No. 225 and the correspondence accompanying it of the United 

 States minister at London and Her Majesty's Government on the 

 subject of the fisheries on the coasts of Her Majesty's North Amer- 

 ican provinces. 



The concession of a right to fish in the Bay of Fundy has been fol- 

 lowed by the anticipated consequence the demand for more ex- 

 tended surrenders based upon what has been already gained; and 

 it is to be feared that the relaxations now contemplated, if carried 

 into effect, will practically amount to an unrestrained licence to 

 the American fishermen : When their right to fish within the larger 

 bays or at the mouth of the smaller inlets, shall be established, the 

 ease with which they may run into the shores whether to fish or 

 for obtaining bait, or drawing off the schools of fish, or for smug- 

 gling, and escape before detection under any guards which it is 

 within the means of the province to employ, will render very diffi- 

 cult the attempt to prevent violations of the remaining restrictions 

 while in the case of seizures, the facilities for evasion and excuse, 

 which experience has shown to be under any circumstances, ever 

 ready, will be much enlarged An instance has just occurred which 

 illustrates this apprehension and the observations to the same effect 

 contained in the report I had the honour to make your Excellency, 

 on the 17th September last. 



