AWARD OF THE FISHERY COMMISSION. 1471 



which, in addition to his instructions from the admiralty, would be 

 fortified with a commission from the lieutenant governor of 'this island 

 enabling him, in terms of the act and order in council, to legally on force 

 their provisions within the limits prescribed by the act; for I consider 

 that the powers which the statute vests in custom-house officers, &c., &c. 

 in so far as the fisheries are concerned, to be very dangerous ones', and 

 such as ought only to be intrusted to those who have the means as well 

 as the authority to enforce them. 



5. I understand that there is nothing more likely to urge tin* Ameri- 

 can Government to an amicable settlement of this long-vexed question 

 than an enforcement of the treaty around this island, where their Usher- 

 men catch most of the mackerel sent to the United States, and where 

 last autumn, one of Her Majesty's steamships could in a few hours bare 

 seized and got legally condemned property amounting to upward of 

 50,000. 



6. Notification of the royal assent to the act alluded to and order in 

 council were published in the Royal Gazette of this island on the 8th 

 October, 1844; but I am ignorant whether the United States Government 

 are aware of its provisions ; and it will be for your lordship to determine 

 if any intimation should be made to that government on this important 

 subject. 



1. I trust from what I have already stated that Her Majesty's Govern- 

 ment will perceive the peculiar position in which this colony is placed in 

 regard to the fisheries, so very different from the adjoining provinces. 

 I apprehend that the lieutenant-governor, irrespective of any other in- 

 terests, is entitled to carry that law into effect, applicable to this island, 

 which has received the sanction of the sovereign, and that the legisla- 

 ture may modify, relax, or abrogate such law on conditions subject to 

 the approval of Her Majesty's Government. The importance of the sub- 

 ject will, I trust, be my excuse for troubling your lordship at such length. 

 I have, &c., 



A. BASNERMAN, 



Lieut. Oorernor. 

 The Right Hon. EARL GREY, <fcc., &c. 



No. 14. 



PRINCE TOWN, July 2, 1852. 



SIR: On the 1st of July there was a number of American fishing- 

 schooners in this harbor, and I boarded them to collect anchorage duty 

 from them ; they would not pay, and positively affirmed that they would 

 not comply with the law ; and 1 had not force enough to take so many 

 vessels, each of them comprising a crew of from twelve to fifteen men, 

 and I could say well equipped for a defense ; and 1 beg to state that we 

 have neither ammunition or any weapons of defense that if all our popu- 

 lation would turn out, and the men will not turn out to my assistance 

 they state that the law does not compel them. 1 issued a capita f 

 of the captains, but they only made fun of us. Hoping that yoi 

 cellency will adopt some means to make them comply with the I 

 if not, it will be useless for me to demand it at all ; when two c 

 hundred sail comes in, the same as there was last year, they * 



