SEIZURES IN 181*7. 43 



records that nine of these vessels were seized while at anchor in 

 Ragged Island harbor and one vessel at the entrance of that harbor ; 

 seven vessels were seized either in Cape Negro harbor or while enter- 

 ing or leaving that harbor ; one vessel in the basin of Annapolis and 

 one vessel in the Gut of Annapolis, within half a mile of land, and 

 one vessel in the Bay of Fundy, one mile distant from Trout Cove." 

 By reference to the map * showing these localities it will be found 

 that not only the places of seizure but also the places where the 

 offenses were alleged to have occurred were in every instance within 

 three marine miles of the shore. 



Here again, therefore, was presented the question which had been 

 in controversy since the close of the War of 1812, though temporarily 

 held in abeyance while the negotiation for a new treaty was in 

 progress, namely, whether or not the pre-existing right of the Ameri- 

 can fishermen to resort to the waters within three marine miles of 

 the shores of the British provinces for fishing purposes had survived 

 the War of 1812. The decision rendered in the judicial proceedings 

 which were instituted in the courts of Nova Scotia for the condem- 

 nation and forfeiture of these vessels did not turn on this question. 

 Nevertheless, these proceedings served to disclose the interesting 

 situation that the contentions of the British Ministry on this ques- 

 tion had not been authorized or supported by the British Parliament, 

 it being found that no legislation had been adopted by Parliament 

 excluding American fishermen from these waters ; and the condemna- 

 tion proceedings resulted in a judicial decree directing the restitu- 

 tion of these vessels to their owners on the ground that the seizures 

 had been illegally made.'' 



It appears that at the commencement of the conferences between 

 Mr. Bagot and Mr. Monroe, Mr. Bagot, in the expectation that their 

 discussions would lead to a satisfactory issue, had secured the revoca- 

 tion of an order issued by the British admiral to the British cruisers 

 in regard to the treatment of American fishing vessels on the coasts 

 of the British Provinces.'^ 



It does not appear that a copy of this order was shown to Mr. Mon- 

 roe or delivered to the United States Government. Mr. Monroe says 



o Appendix, pp. 300, 1076-1077. « Infra, p. 47. 



» See U. S. Case Map No. 1. <* Appendix, pp. 289, 294, 295. 



