BRITISH, COLONIAL AND OTHEB CORRESPONDENCE, ETC. 495 



fishery matters in which American and Newfoundland fishermen are 

 jointly concerned under the imperial statute of 1819, 59 George III, 

 cap. 38, and any Orders in Council made thereunder. Neither in 

 that statute, nor in any order of which I am aware, are naval officers 

 empowered to make such an agreement as Captain Anstruther enter- 

 prised, and which was intended to limit and control the fisheries of 

 this colony. There was no occurrence or sufficient ground to warrant 

 the naval officer's action and adjudication, nor did it appear that 

 there was any desire manifested by Americans to invoke his assist- 

 ance in the maintenance of their treaty rights. The senior naval 

 officer could not have been unaware that his action was calculated to 

 affect the policy of this government, and to impair the government's 

 influence and that of the representative of justice at Bay of Islands, 

 in the carrying out of law and order on that coast, and it is surprising, 

 therefore, that he should have entered upon such a course of action. 

 This unique piece of naval statecraft fell through, apparently be- 

 cause our astute American friends recognized that it was incapable 

 of enforcement. It might reasonably be supposed that the protest 

 entered by this government with His Majesty's Government against 

 these proceedings would have prevented a repetition of such conduct, 

 but such was not the case, for a few weeks later we find this same 

 naval officer, without reference to his excellency the governor of this 

 colony or his ministry, addressing a circular letter to American, 

 Canadian, and Newfoundland fishermen requesting suggestions from 

 them " as to the best method of settling the fishery dispute between 

 Newfoundland and the United States of America." By this conduct 

 the senior naval officer on this station again trenched upon the rights 

 essential to the security of colonial liberty and usurped functions that 

 solely attach to responsible ministers of the Crown. It is difficult to 

 conceive of a greater affront being offered to the governor of this 

 colony or those who have the honour to be His Majesty's ministers in 

 this colony. 



The fishery for this season is now ended, and the wrongs that have 

 been inflicted can not now be remedied, but we can at least hope 

 that the recital of them ; the exposure of them, will prevent a repeti- 

 tion. What I have written I have written, and reviewing it in the 

 cold, black type of the papers that have been tabled I see no reason 

 to regret one word of what has been recorded. In dealing with this 

 question the government did what they believed was right, and ven- 

 tured to point out respectfully but firmly what the country desired. 

 We did not cloak or dissemble what we assumed it was for the interest 

 of this people should be made plain. We set forth our views frankly 

 and freely, feeling that many of the difficulties with which this colony 

 has had to contend in the past might be traced to a want of frankness. 



In the correspondence that has been exchanged I have had the 

 hearty cooperation and loyal sympathy and support of my executive 

 colleagues. We have done everything possible to uphold the dignity 

 and the honour and the rights of those who sent us to this House to 

 represent them. We could not do more. I want it to be distinctly 

 understood that the difficulty that has arisen has not been by reason 

 of any attempt on the part of this government to deny to Americans 

 their full rights under treaty, for such an attempt has not been made. 

 It has arisen out of the determination of this government to enforce 

 those laws within the jurisdiction of the colony that have received 



