229 



stipulated in the treaty of 17S3; the fact of the war between England 

 and the United States in 1S12 ; the first article of the convention of 

 1818 ; and refers to the act of Parliament of 1819, passed to meet 

 the conditions of the convention, and rdso to the act of Nova Scotia 

 of 183G ; and concludes with submitting to the consideration of the 

 Queen's advocate, and her Majesty's attorney general, the following 

 seven queries : 



1. Whether the treaty of 1783 was annulled by the war of 1812, 

 and whether citizens of the Unh(>d States possess any right of 

 lisherv in the waters of the lower provinces other than ceded to 

 them by the convention of ISIS; and if so, what right? 



2. Have American citizens the right, under that convention, to 

 enter any of the bays of this province to take fish, if, after they have 

 so entered, they prosecute the fishery more than three marine miles 

 from the sliores of such bays; or should tlie prescribed distance of 

 three marine miles be measured from the headlands, at the entrance 

 of such ba3's, so as to exclude them ? 



3. Is the distance of three marine miles to be computed from the 

 indents of the coasts of British America, or from the extreme headlands, 

 and what is to be considered a headland? 



4. Have American vessels, fitted out for a fisherv, a right to pass 

 through the Gut of Causo, which they cannot do without coming 

 within the prescribed limits, or to anchor there or to fi^h there ; and 

 is casting bait to lure fish in the track of the vessels fishing, within 

 the meaning of the convention ? 



5. Have American citizens a right to land on the Magdalene islands, 

 and conduct the fishery from the shores thereof, by u^^ing nets and 

 seines ; or what right of fishery do they possess on the shores of those 

 islands, and what is meant by the term shore"? 



6. Have American fishermen the right to enter the bays and harbors 

 of this province lor the purpose of purchasing wood or obtaining 

 water, having provided neither of these articles at the commencement 

 of their voyages, in their own country ; or have they the right only of 

 entering such bays and harbors in cases of distress, or to purchase 

 wood and obtain water, after the usual stock of those articles for the 

 voyage of such fishing craft has been exhausted or destroyed ? 



7. Under existing treaties, wliat rights of fislicrv are ceded to the 

 citizens of the United States of America, and what reserved for the 

 exclusive enjo3'^ment of British subjects V 



These queries were sent to the law officers of the crown on the 8th 

 of June, and on the 30th of August they communicated their reply to 

 Lord Palmerston. They state that, in answer to i]\f' first quc^-y — 



" W(; have the honor to report that we are of opinion that the tiraty 

 of 1783 was annulled liy the war of 1812; and we are also of opinion 

 that the rights of fishery of the citizens of the United States must now 

 be considered as defined and regulaiid hv the convention of 1818; 

 and with respect to the general (jucstiou, 'if so. what riglity we can 

 only refer to the terms of the convention as ex])lained and elucidated 

 by the observations which will occur in answering the (;liier s|)eeilic 

 queries. 



