258 APPENDIX TO BRITISH CASE. 



" The vessels of war mentioned in the above circular despatches are expected 

 to be upon the coasts of British North America during the present month, 

 (July), when, no doubt, seizures will begin to be made of American fishing 

 vessels, which in the autumn pursue their business in indents of the coast, from 

 which it is contended they are excluded by the Convention of 1818. 



" Meantime, and within the last ten days, an American fishing vessel, called 

 the ' Coral,' belonging to Machias, in Maine, has been seized in the Bay of Fundy, 

 near Grand Manan, by the officer commanding Her Majesty's cutter ' Netley,' 

 already arrived in that bay, for an alleged infraction of the Fishing Convention ; 

 and the fishing vessel has been carried to the Port of St. John, New Brunswick, 

 where proceedings have been taken in the Admiralty Court, with a view to her 

 condemnation and absolute forfeiture. 



" Besides the small naval force to be sent out by the Imperial Government, 

 the colonies are bestirring themselves also for the protection of their fisheries. 

 Canada has fitted out an armed vessel to be stationed in the Gulf; and this 

 vessel has proceeded to the fishing grounds, having on board not only a naval 

 Commander and crew, with power to seize vessels within limits, but also a 

 stipendiary magistrate and civil police, to make prisoners of all who are found 

 transgressing the laws of Canada, in order to their being committed to jail in 

 that colony for trial. 



" The Colony of Newfoundland has fitted out an armed vessel for the purpose 

 of resisting the encroachments of French fishing vessels on the coast of Labra- 

 dor; but, when ready to sail from their port, the Governor of that colony, 

 acting under Imperial instructions, refused to give the Commander of this 

 colonial vessel the necessary authority for making prize of French vessels 

 found trespassing. This is an extraordinary circumstance, especially when 

 153 taken in connexion with the fact that the like authority to seize Ameri- 

 can fishing vessels, under similar circumstances has never been refused 

 to the cruizers of any of the North American Colonies. 



" The Colony of Nova Scotia has now four armed cruisers, well manned, on 

 its coasts, ready to pounce upon any American vessels which may, accidentally 

 or otherwise, be found fishing within the limits defined by the Crown Officers of 

 England. 



" New Brunswick has agreed with Canada and Nova Scotia to place a cutter 

 in the Bay of Fundy to look after American fishermen there ; and at Prince 

 Edward Islands Her Majesty's steam frigate ' Devastation ' has been placed 

 under the instructions of the Governor of that colony." 



The first Article of the Convention between the United States and 

 Great Britain of the 20th October, 1818, is in these words: 



Whereas differences have arisen respecting the liberty claimed by the United 

 States for the inhabitants thereof to take, dry, and cure fish on certain coasts, 

 bays, harbours, and creeks of His Britannic Majesty's dominions in America, it 

 is agreed between the High Contracting Parties that the inhabitants of the 

 said United States shall have for ever, in common with the subjects of His 

 Britannic Majesty, the liberty to take fish of every kind on that part of the 

 southern coast of Newfoundland which extends from Cape Ray to the Rameau 

 Islands, on the western and northern coast of said Newfoundland, from the said 

 Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands ; and 

 also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern 

 coast of Labrador, to and through the Straits of Belleisle, and thence north- 

 wardly indefinitely along the coast, without prejudice, however, to any of the 

 exclusive rights of the Hudson's Bay Company ; and that the American fisher- 

 men shall also have liberty for ever to dry and cure fish in any of the unsettled 

 bays, harbours, and creeks of the southern part of the coast of Newfoundland, 

 here above described, and of the coast of Labrador; but so soon as the same 

 or any portion thereof shall be settled, it shall not be lawful for the said fisher- 

 men to dry or cure fish at such portion so settled, without previous agreement 

 for such purpose with the inhabitants, proprietors, or possessors of the ground. 

 And the United States hereby 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, creeks, or harbours of His Britan- 

 nic Majesty's dominions in America, not included within the abovementioued 

 limits: Provided, however, that the American fishermen shall be admitted to 

 enter such bays or harbours, for the purpose of shelter, and of repairing dam- 



