379 



Edward Island, if within the waters of one of these Colonies under 

 circumstances of suspicion, and the letter in concluding states: 



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

 Bays should be generally insisted upon, except when there is reason to appre- 

 hend 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 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. 



The undersigned therefore concludes that as it is only by treaty 

 right that these American fishing vessels have a right to enter Nova 

 Scotia ports, and as that is limited to specific objects, they have no 

 right to exceed them ; and the Customs officers were quite within the 

 scope of their jurisdiction in refusing to allow them to enjoy privi- 

 leges other than those named in the treaty. 



226 Next it is submitted that the same duties which it devolved 

 on the Customs Officers of the Dominion applied equally to 

 those of Prince Edward Island, which latter Colony has. like the 

 Colonies of New Brunswick and Nova Scotia, her own laws, similar 

 in their scope and spirit, and giving ample power to enforce compli- 

 ance with the terms of the Convention of 1818 above referred to. But 

 it is alleged by Mr. Campbell that they are not equally enforced by 

 the Officers of that Government, and while this enures to the benefit 

 of the Island inasmuch as it attracts the trade, a large share of which 

 Nova Scotia formerly enjoyed, it must be most damaging to certain 

 sections of the latter Province, and if permitted to continue, would 

 be manifestly unjust. 



Before dealing with the question of remedy for such an anomalous 

 state of things, the undersigned w r ould respectfully recommend that 

 he be instructed to employ Mr. Campbell personally to proceed to 

 Prince Edward Island and Nova Scotia, and ascertain with accuracy 

 the facts in detail, in relation to the American fishing trade with these 

 Colonies, and report fully on all matters connected therewith, with as 

 little delay as possible. 



Eespectfully submitted. 



P. MITCHELL, 

 Minister of Marine and Fisheries. 



No. 142. 1868, November 9: Report of Hon. Peter Mitchell, Minister 

 of Marine and Fisheries. 



DEPARTMENT or MARINE AND FISHERIES, (Fisheries Branch,) 



Ottawa, 9th November. 1868. 



In connection with the unsettled state of the Fishery Question be- 

 tween Great Britain and the United States, the Minister of Marine 

 and Fisheries desires respectfully to draw the attention of the Gov- 

 ernor General in Council to certain anomalous features of the present 

 system of granting licences to American fishing vessels. 



When it was at first suggested that at least some formal recognition 

 of the just and reasonable claims of the British North American Colo- 

 nies, to exclusive rights of fishery within the limits described in the 

 Convention of 1818, should be exacted, the Canadian Government per- 

 ceived that the situation of the inshore fishings around Prince Ed- 



