DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 567 



United States' fishing vessels, (see Sabine on Fisheries), and again 

 in 1817 the Imperial Government acted on the view that they had the 

 right to seize foreign vessels encroaching on the fishing grounds. In- 

 structions were issued by Great Britain to seize foreign vessels fishing 

 or at anchor in any of the harbours or creeks in the British North 

 American Possessions, or within their maritime jurisdictions, and 

 send them to Halifax for adjudication. Several vessels were seized 

 and information was fully communicated to the Government of the 

 United States. This, it will be remembered, was not only before the 

 Treaty, but before the Imperial Act above referred to. 



The following were the words of the Admiralty Instructions then 

 issued : 



On your meeting with any foreign vessel fishing or at anchor in any of the 

 harbours of creeks in His Majesty's North American Provinces, or within our 

 maritime jurisdiction, you will seize and send such vessel so trespassing to 

 Halifax for adjudication, unless it should clearly appear that they have been 

 obliged to put in there in consequence of distress, acquainting me with the 

 cause of such seizure, and every other particular, to enable me to give all infor- 

 mation to the Lords Commissioners of the Admiralty. 



Under these instructions eleven or twelve American fishing ves- 

 sels were seized in Nova Scotia on 8th June, 1817, in consequence of 

 their frequenting some of the harbours of that province. 



In 1818, the fishing vessels " Nabby " and " Washington " were 

 seized and condemned for entering and harbouring in British Ameri- 

 can waters. 



In 1839 the "Java," "Independence," "Magnolia" and "Hart" 

 were seized and confiscated, the principal charge being that they were 

 within British American waters without legal cause. 



In 1840 the "Papineau" and "Mary" were seized and sold for 

 purchasing bait. 



In the spring of 1819 a United States' fishing vessel named the 

 " Charles " was seized and condemned in the Vice- Admiralty Court 

 in New Brunswick for having resorted to a harbour of that province 

 after warning and without necessity. 



In the year 1871 the United States' fishing vessel " J. H. Nicker- 

 son " was seized for having purchased bait within three marine miles 

 of the Nova Scotia shore, and condemned by the judgment of Sir 

 William Young, Chief Justice of Nova Scotia, and Judge of the 

 Court of Vice-Admiralty. The following is a passage from his 

 judgment: 



The vessel went in, not to obtain water or men, as the allegation says, but to 

 purchase or procure bait (which as I take it, is a preparing to fish), and it 

 was contended that they had a right to do so, and that no forfeiture accrued 

 on such entering. The answer is, that if a privilege to enter our harbours for 

 bait was to be conceded to American fishermen it ought to have been in the 

 Treaty, and it is too important a matter to have been accidentally overlooked. 

 We know, indeed, from the state papers, that it was not overlooked, that it was 

 suggested and declined. But the Court, as I have already intimated, does not 

 insist upon that as a reason for its judgment. What may be fairly and jrstly 

 insisted on is, that beyond the four purposes specified in the Treaty shelter, 

 repairs, water and wood here is another purpose or claim, not specified, while 

 the Treaty itself declares that no such other purpose or claim shall be received 

 to justify an entry. It appears to me an inevitable conclusion that the " J. H. 

 Nickerson" in entering the Bay of Ingonish for the purpose of procuring bait, 

 while there, became liable to forfeiture and upon the true construction of 

 the Treaty and Acts of Parliament was legally seized. (Vide Halifax Com., 

 Vol. III.,, pp. 3398, Washington Edition). 



