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large a proportion of the conveniences afTordcd i^y the neighboring 

 coasts of British settlements as might be reconcilable with just rights 

 and interests of British subjects, and the due administration of her 

 Majesty's dominions. The construction, therefore, which has been at- 

 tempted to be put upon the stipulations of the treaty by the authorities 

 of iSova Scotia, is directly in conOict with their object, and entirely 

 subversive of the rights and interests of the citizens of the United 

 States. It is one, moreover, which would lead to the abandonment, to 

 a great extent, of a highly important branch of American industry, 

 which could not for a moment be admitted by the government of the 

 United States. The undersigned has also been instructed to acquaint 

 Lord Palmerston thut the Ameiican government has received informa- 

 tion, that in the House of Assembly in Nova Scotia, during the session 

 of lS39-'40, an address to her Majesty was voted, suggesting the ex- 

 tension to adjoining British colonies of rules and regidations relating to 

 the fisheries, similar to those in actual operation in that province, and 

 which have proved so onerous to the fishermen of the United States; 

 and tluit eH'orts, it is understood, are still making to induce the other 

 colonies to unite with Nova Scotia in this restrictive system. Some of 

 the provisions of her code are of the most extraordinaiy character. 

 Among these is one which declares that any foreign vessel i^reparing 

 to 'fish within three miles of the coast of any of her Majest3''s dominions 

 in America, shall, together with the cargo, be forfeited; that in all 

 cases of seizure, the owner or claimant of the vessel, &c., shall be held 

 to prove his innocence or pa}^ treble costs; that he shall be forced to 

 try his action within three months, and give one month's notice, at least 

 to the seizing officer, containing everything to be proved against him, 

 before any suit can be instituted; and also prove that the notice has 

 been given. The seizing officer, moreover, is almost wholly irrespon- 

 sible, inasmuch as he is liable to no prosecution, if the judge certifies 

 that there is probable cause ; and the plaintiff, if successful in his suit, 

 is only to be entitled to tivojiaice damages, without costs, and the de- 

 fendant fined not more than o?ic shiliiiig. In short, some of these rules 

 and regulations are violations of well established princi2">les of the 

 common law of England, and of the principles of the just laws of all 

 civilized nations, and would seem to have been designed to enable her 

 Majesty's authorities to seize and confiscate with impunity American 

 vessels, and embezzle, indiscriminately, the property of American citi- 

 zens employed in the fisheries on the coasts of the British provinces. 

 It may be proper, also, on this occasion, to bring to the notice of her 

 Miijesty's government the assertion of the provincial legislature, 'that 

 the Gut or Strait of Canso is a narrow strip of water completely within 

 and dividing several counties of the province,' and that the use of it 

 by the vessels and citizens of the Unit(Hl States is in violation of the 

 treaty of 1818. This strait separates Nova Scotia from the island of 

 C?i[)e Breton, which was not annexed to iht; province until the year 

 1820. Prior to that, in 1818, Cape Bn-ton was enjoying a government 

 of its own entirely distinct from Nova Scotia, the strait forming the 

 line of demarcntion between them, and being then, as now, a thorough- 

 fare l()r vessels j)assing into and out of tli(! Gulf of St. Lawrence. The 

 union of the two colonics cannot, therefore, be admitted as vesting hi 



