DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 251 



markets; those on which he is chiefly dependent being very limited 

 and fluctuating. 



In the contrast therefore between the advantages of the colonial 

 and American fishermen, the extensive home market of the latter 

 independently of the encouragement he receives from bounties and 

 other sources, much more than compensates, I believe for any local 

 conveniences enjoyed by the former. 



The colonists cannot understand the principle on which concession 

 in any form should be granted to the American people, in a case 

 avowedly touching, " the highest grounds of national policy " even 

 although concession did not involve consequences, at [as] it unhap- 

 pily does in the present case, both immediate and remote, most in- 

 jurious to British colonial interests. 



The strong and emphatic language of the treaty of 1818 is that 

 " the United States renounce for ever, any liberty heretofore enjoyed 

 or claimed by the inhabitants thereof, to take, dry, or cure fish, on or 

 within three marine miles of any of the coasts, bays or creeks, or 

 harbours of His Britannic Majesty's dominions in America, not 

 included within the above mentioned limits. Provided however that 

 the American fishermen, shall be admitted to enter such bays and 

 harbours for the purpose of shelter, and of repairing damages 

 therein, of purchasing wood, and of obtaining water, and for no 

 other purpose whatever. But they shall be under such restrictions 

 as may be necessary, to prevent their taking, drying, or curing fish 

 therein, or in any other manner whatever abusing the privileges 

 hereby reserved to them. 



If this national contract does not exclude the Americans from fish- 

 ing within the indentations of our coasts, and from our bays and har- 

 bours, then the people of Nova Scotia would not complain of their 

 exercise of a right so acquired, while the treaty continued in force. 

 But we believe it does exclude them and we ask a judicial 

 148 inquiry and determination before these valuable rights are 

 relinquished. The highest laAV opinions in England have 

 justified that belief. Her Majesty's Government in theory avows 

 and maintains it. 



The compact was a reciprocal one and had the treaty in this par- 

 ticular been (as it was not) hard and unfavourable to the United 

 States, there were doubtless to be found other portions of it at least 

 equally unfriendly to British interests. 



I repeat, my Lord, we cannot understand why the Americans 

 should not be held to their bargain nor can we perceive the principle 

 of justice or prudence which would relax its terms in favour or a 

 foreign people whose means and advantages already preponderate so 

 greatly; and that, without reciprocal concessions, and at the expense 

 of Her Majesty's colonial subjects, whose prosperity is so deeply in- 

 volved in the promotion and enlargement of this important element 

 of their welfare. 



If the present concessions to the United States are hoped to end 

 and quiet the controversy between their fishermen and this province, 

 there is too much reason to fear, the expectations will end in disap- 

 pointment ; and that increased and not diminished occasions of colli- 

 sion will be the result from the greater encouragement that will be 

 afforded for violation of the treaty under the modified conditions 

 proposed to be imposed on the American fishermen, and the increased 



