259 



the fisheries in our bnys and creeks. Stntutcs liavc also been passed 

 here, and assented to in England, for collecting light duties in the Gut 

 of Canso, and American and other foreign, and also British and colo- 

 nial vessels, have been brought within the operation of those statutes. 

 The right, therefore, to legislate in respect of th(^ fisheries and in re- 

 spect of the navigation of the Gut of Canso, has not only been confirmed 

 in England, but has been acknowledged in America in the payment of 

 light duties. 



"The legislature of Nova Scotia may, therefore, be fairly said to 

 have the right to pass enactments cither to restrict or obstruct the 

 passage of foreign vessels through the Gut of Canso. 



"The second point, as to the policy of imposing yM?t7irT restriction 

 upon foreign vessels passing through the Gut of Canso, is yet to be 

 considered. 



"In the consideration of that question, the treaty of 1818 affords the 

 best means of arriving at a sound conclusion. The American govern- 

 ment, by it, relinquish all right of fishery within three marine miles 

 of the coasts, bays, creeks, or harbors of this province ; and under 

 the construction put upon that clause in England, upon the same 

 principle of international law as is acknowledged and insisted upon 

 by the American government, the American citizens, under the treaty, 

 have no right, for the purpose of fishery, to enter any part of the Bay 

 of St. George tying between the headlands formed by Cape George 

 on the one side and Port Hood island on the other. American fisher- 

 men, therefore, when entering that bay for fishing purposes, are clearly 

 violating the terms of the treaty. It may be said that the Gut of Canso 

 affords a more direct and easy passage to places in the Gulf of St. 

 Lawrence, where American fishermen would be within the terms of 

 the treaty; but that is no good reason why this legislature should r>er 

 mit them to use that passage, when their doing so is attended with 

 almost disastrous consecjuenccs to our own fishermen. Were there 

 no other means of getting upon the fishing grounds, in the produce of 

 which they are entitled to pru-ticipate, the Americans might then assert 

 a right of way, from necessit}-, through the Gut of Canso. When that 

 necessity does not exist, it would be unwise any longer to permit 

 American fishing vessels to pass through the Gut of Canso, for the fol- 

 lowing, among many other reasons that could be given, if necessary : In 

 the month of (3cto])cr, the net and seine fishery of mackerel in the Bay of 

 St. George is most important to \hc people of tliat part of the count ry, and 

 recjuircs at the hands of the legislature every legitimate protection. Up 

 to tiiis period American fishermen, using the passage of the Gut of Canso, 

 go from it into St. (icorge's bay, and not only throw out bait to lure 

 the fisli from the sliores where the}'- are usually caught by our own 

 fishermen, but actually fish in all ])arts of" that ])ay, even within one 

 mile oftlie shores. It is also a notorious fiict ihat the American fishing 

 vessels in that bay annually destroy the nets of the fishermen by sailing 

 tliroiiL'h tli(!m, and every year in that way do injury to a great extent — 

 and tills upon ground which they have no right to tread. Remon- 

 strances have there(()re been made to the American government against 

 such conduct ; but the answer has invari;il)ly been, to protect onrselvcs 

 in that respect. Had the United Statt'S government adopted suitable 

 measures to prevent its citizens from trespassing as before mentioned, 



