252 APPENDIX TO BRITISH CASE. 



facilities for evasion and falsehood and it may safeh 7 be asserted 

 from a knowledge of the subject and the parties that unless the 

 British Government are content to maintain the strict construction of 

 the treaty as a mere question of past contract and right, whatever that 

 construction may be, the encroachment of the American fishermen 

 will not cease, nor collision end, until they hate unlimited licence over 

 the whole shore of Nova Scotia. 



It is hoped my Lord that if any arrangement such as in [is] con- 

 templated, should be made, its terms may clearly express, that the 

 American fishermen are to be excluded from fishing &c within three 

 miles of the entrance of the bays and inlets, in which they are not to 

 be permitted to enter. 



There seems some doubt on this point in the language of Lord 

 Stanley's despatch and the making the criterion of the bays &c to be 

 the width of the double of three marine miles, would strengthen such 

 a doubt by giving the appearance that the shores of these bays &c 

 and of the general coast were to be considered in the same light. 



To avoid such a construction, no less than to abridge the threatened 

 evil, the suggestion made to your Lordship by Mr. Stewart, that the 

 width of those bays, creeks, and inlets, should be more than the double 

 of three marine miles, say three or four times more. 



I have the honour to be 



Your Lordship's most obedt servt. 



J. W. JOHNSTON. 



To His Excellency The Right Hon. VISCOUNT FALKLAND 



Lieut. Governor, <&c &c &c 



No. 90. 1845, June *21 : Despatch from Lieut. -Governor Sir W. M. G. 



Colebrooke to Lord Stanley. 

 No. 50. 



FREDERICTON N. B. June 21st 1845 



MY LORD, Referring to my Despatch No. 48 dated the 13th instant 

 and in reference to your Lordship's Despatches No. 288 of the 30th 

 of March and No. 298 of the 19th of May in the last of which you 

 have requested to be informed of any objections on provincial or 

 other grounds to the proposed relaxation of the construction of the 

 Treaty of 1818 with the United States, by the extension to their 

 fishing boats of the privilege accorded to them in the Bay of Fund} 7 , 

 along the whole of the coasts in North America, allowing them to 

 enter the bays of the sea, measuring from headland to headland, at 

 their entrance the double of the distance of three miles within which 

 they would still be prohibited to approach the coast for the purpose 

 of fishing, I have the honour to report to your Lordship that having 

 brought the subject under consideration in the Executive Council 

 a Minute has been recorded copy of which I herewith enclose, from 

 which your Lordship will observe that serious objections are enter- 

 tained to the proposed concession as well from the increased difficul- 

 ties which would occur in protecting the British fisheries, and in 

 guarding against collisions with the provincial fishermen, as in pro- 

 tecting the provincial revenue from the smuggling for which great 

 facilities would thus be given. 



As it has not been the practice in this province to employ colonial 

 armed vessels from a conviction that the duty of protecting the 



