250 APPENDIX TO BRITISH CASE. 



of the vessel and cargo, and the mode of proceeding, the Legislature 

 of Nova Scotia has in effect only declared, what was already and 

 still is, the law of the realm under Imperial enactments. 



Mr. Everett adverts to what he considers "the extremely objec- 

 tionable character of the course pursued by the provincial authorities 

 in presuming to decide for themselves a question under discussion 

 between the two Governments." 



But it is submitted, that if the American Government contro- 

 verted the construction given to the treaty, the course which made 

 confiscation dependent on a judicial trial and decision, was neither 

 presumptuous nor inexpedient, nor could the necessity of security 

 for 60 or the risk of costs in case of failure, offer any serious im- 

 pediment to the defence, in a matter which the Government of the 

 United States deems of great national importance. If on the other 

 hand the American fisherman could only claim the relaxation of the 

 treaty as construed in England and Nova Scotia, as matter of favour, 

 the presumption would rather seem to lie on the side that insisted 

 on exercising the privilege before the boon was conferred. 



In any view of the matter as the American fisherman was never 

 meddled with until he had voluntarily passed the controverted limit, 

 it seems difficult to comprehend why the American minister's proposi- 

 tion might not stand reversed, with more propriety than it exhibits 

 in its present form : For his Excellency's regrets might not unreason- 

 ably it would seem, have been expressed at " the extremely objec- 

 tionable course pursued by American subjects in presuming to decide 

 for themselves a question under discussion between the two Gov- 

 ernments" by fishing upon the disputed grounds, and thereby reduc- 

 ing the provincial authorities to the necessity of vindicating their 

 claim, or seeing jt tfampled on, before the sanction had been obtained 

 either of legal decision or diplomatic arrangement. 



When Mr. Everett says that the necessity of fostering the interests 

 of their fishermen, rests on the highest grounds of national policy, 

 he expresses the sentiment felt in Nova Scotia, as regards the provin- 

 cial welfare in connexion with this subject: The Americans are 

 fortunate in seeing the principle carried into practice ; for the encour- 

 agement afforded to their fishermen by the Government of the United 

 States is not small, and its strenuous persevering and successful ef- 

 forts to extend their fishing privileges on Her Majesty's coasts, but 

 too practically evince its desire and ability to promote this element 

 of national a,nd individual prosperity. As far as I can learn a liberal 

 tonnage bounty is given on their fishing craft, and a bounty per bar- 

 rel on the pickled fish cured thus guarding the fishermen against 

 serious loss in case of the failure of his voyage and he is, I believe, 

 further favoured by privileges allowed on the importation of salt and 

 other articles while a market is secured him at home, which ensures 

 him a profitable reward for the fruit of his labours, by a protecting 

 duty of five shillings per quintal on dry fish, equal to fifty per cent 

 of its value and from two to one dollars per barrel on pickled fish, 

 according to the different kinds, equal to at least 20 per cent of their 

 values. 



The duty on American fish imported into the colonies is much 

 less and the British colonial fisherman is unsustained by bounties ; 

 but the chief drawback to his success is the want of certain and stable 



