374 APPENDIX TO BRITISH CASE. 



exclude American fishermen from the Bay of Fundy; and they are 

 of opinion that during the present season that right should not be 

 exercised in the body of the Bay of Fundy, and that American fisher- 

 men should not be interfered with either by notice or otherwise, unless 

 they are found within three miles of the shore or within three miles 

 of a line drawn across the mouth of a bay or creek which is less than 

 ten geographical miles in width in conformity with the arrangement 

 made with France in 1839. American vessels found within these 

 limits should be warned that by engaging or preparing to engage 

 in fishing they will be liable to forfeiture, and should receive the 

 notice to depart which is contemplated by the laws of Nova Scotia, 

 New Brunswick, and Prince Edward Island, if within the waters of 

 one of these colonies under circumstances of suspicion. But they 

 should not be carried into port except after wilful and persevering 

 neglect of the warnings which they may have received; and in case 

 it should become necessary to proceed to forfeiture, cases should, if 

 possible, be selected for that extreme step in which the offence of 

 fishing has been committed within three miles of land. 



Her Majesty's Government do not desire that the prohibition to 

 enter British bays should be generally insisted on, except when there 

 is reason to apprehend some substantial invasion of British rights. 

 And in particular, they do not desire American vessels to be prevented 



from navigating the Gut of Canso (from which Her Majesty's 

 223 Government are advised they might be lawfully excluded), 



unless it shall appear that this permission is used to the injury 

 of Colonial fishermen, or for other improper objects. 



I have it in command to make this communication to your Lord- 

 ships as conveying the decision of Her Majesty's Government on the 

 subject. 



I have, &c. (Signed) EDWARD CARD WELL. 



No. 139. 1868, September 14 ' Letter from Mr. Campbell to the 

 Canadian Secretai^y of State. 



OTTAWA, September 14th, 1868. 



SIR, I beg to state for the information of the Government, that 

 during the present season, in consequence of the refusal of the Ameri- 

 can fishermen, passing through the Strait of Canso, to pay the tonnage 

 dues now exacted, the officers of the customs there have prevented 

 such vessels from having their former business transactions [trans- 

 actions] with the merchants and others in that locality, and from 

 landing, refitting, or obtaining supplies there. The effect of this pro- 

 hibition is that a very lucrative and extensive trade, long enjoyed by 

 my constituents, has been entirely cut off, and has been transferred 

 to Prince Edward Island, where, although there is said to be in force 

 a similar ordinance to our own in relation to tonnage dues, I have 

 still reason to believe that the violation of such ordinance is a matter 

 or daily recurrence, and that in fact the American fishermen on the 

 coasts and in the ports of Prince Edward Island are permitted as 

 ample privileges as they ever enjoyed during the existence of the 

 Reciprocity Treaty. 



Hertslet, vol. v, p. 89 ; Convention of August 2, 1839. Arts. IX and X. 



