DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 377 



American vessels were prevented by the Customs Officers from land- 

 ing, refitting and storing cargoes and supplies, from purchasing bar- 

 rels, salt and outfits in the Straits, without first taking out licences, 

 and paying the fee of $2 per ton, as it was contended that the Treaty 

 of 1818 precluded such privileges, and that the permission to fish or 

 enjoy the privileges not conceded to them by the treaty could only 

 be enjoyed on such licence being obtained. Mr. Campbell alleges 

 that in the neighbouring Colony of Prince Edward Island, a different 

 system prevails, and that though they are equally bound by the 

 treaty referred to, they permit the storing of fish and the landing of 

 bait and supplies, and the purchasing of salt, barrels, and other out- 

 fits and materials necessary for the prosecution of the fisheries, 

 whether the masters of these vessels have first taken out a licence 

 or not. 



Mr. Campbell further alleges that he believes that American fisher- 

 men largely supply themselves in the vicinity of the said Island, and 

 within the prohibited limits, with fish caught in British waters, and 

 catch fish and obtain supplies, and in a large majority of cases have 

 no licences thus practically evading the terms of the treaty and 

 enjoying all the rights of Her Majesty's subjects.- 



He further complains that the effects of such a laxity in the enforce- 

 ment of the treaty rights in Prince Edward Island, while they are 

 stringently enforced in Nova Scotia, has had the effect of drawing 

 off a lucrative trade which had sprung up in the Straits of Canso 

 to the ports of that Island. 



The undersigned begs respectfully to submit: 



That the rights which the citizens of the United States are entitled 

 to enjoy in relation to the fisheries on the coast of these Provinces, are 

 those only which are granted them by the Convention of 1818. 



That this Convention excludes them from any right of fishing 

 within 3 miles of the coast of British America, and that the prescribed 

 distance is to be measured from the headlands or extreme points of 

 land next the sea or the coast, or the entrance of bays or indents 

 225 of the coast, and consequently that no rights exist on their part 

 to enter the bays or ports of Nova Scotia for the purpose of 

 fishing, other than for the purpose of getting wood and water, or for 

 the purpose of shelter and repairing damages therein. (See Sections 

 2 and 3 of the Imperial Act 59 Geo. 3, Cap. 38) in the latter part of 

 which it is distinctly stated that they shall enter "for no other pur- 

 poses whatever" 



The concluding part of the Fishery Article of the Convention of 

 1818 reads thus- 

 Provided, however, that the American fishermen shall be admitted to enter 

 such bays or harbours for the purpose of shelter, and for 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 what- 

 ever abusing the privileges hereby preserved to them. 



It may be suggested, however, that though precluded from enter- 

 ing for purposes of fishing, that they may be permitted to exercise 

 the right of entering for purposes of trade. Whether such a claim 

 might be fairly maintained were the vessel purely a trading vessel 

 would depend upon the treaties between Great Britain and the 

 United States and the usages of nations in such cases ; but I presume 



