PERIOD FROM 1836 TO 1841. 95 



The siiuation In IS^O. 



It appears, therefore, from the foregomg review of the seizures made 

 during this period that of the great number of American fishing 

 vessels resorting annually to the Bay of Fundy and to other bays 

 along the coast of Xova Scotia the only vessels seized for fishing in 

 alleged violation of the treaty were those charged with fishing within 

 three miles from the shore; and it will be perceived that in enforcing 

 the Xova Scotia Act of 1836, as was the case under the British Act 

 of 1819, the provisions relating to bays, as interpreted by the seizures 

 made under them, were not regarded as authorizing seizures for 

 fishing in bays except within three miles of the shore. 



It must further be noted in this connection that all the seizures 

 above reviewed were made under orders for the strict enforcement 

 of the laws enacted for the purpose of protecting to the fullest 

 extent the British fishing rights under the treaty of 1818 on the 

 coasts where the United States had renounced the liberty of taking 

 fish. 



Such was the situation up to the end of the year 1839 when a 

 liitherto unheard of intei-pretation of the treaty was proposed by 

 Nova Scotia. 



The desire of driving American fishermen away from their coasts 

 altogether, and the opportunity of securing half the profits from 

 seizures under the act of 1836 offered every inducement to the people 

 of Nova Scotia for searching the treaty for some new meaning favor- 

 able to their purposes, and although it had never before been as- 

 serted, even as a possible interpretation of the renunciatory clause 

 of the treaty, that American fishermen were not at liberty to fish 

 in bays, as elsewhere on the coast, up to within three marine miles 

 of the shore, such an interpretation was evolved and began to be 

 advocated at this time. This new intei-pretation was not officially 

 communicated to the United States by Great Britain until several 

 years later, but rumors of its purpose and effect soon reached the 

 United States, as will appear. 



The situation at this time is presented with clearness and the 

 developments to be expected in the near future are predicted with 

 great foresight in a report made by Lieutenant Paine of the United 

 States Navy under date of December 29, 1839, following an investi- 



