96 CASE OF THE UNITED STATES. 



gation made by him under the direction of the Secretary of State, 

 from which report the following extract is taken : 



I visited the seat of government of Nova Scotia, and that of Prince 

 Edward's Island, and St, John's, the principal city of New Bruns- 

 wick, where I communicated with the principal government officers, 

 with our consuls, with Admiral vSir Thomas Harvey, and the com- 

 mander of the British vessels of war with whom I met; as also with 

 the collectors of Portland and Eastport, Maine, and such other per- 

 sons as from their situations seemed qualified to impart information 

 on the questions arising. 



I had believed the vessels seized had been generally guilty of sys- 

 tematic violation of the revenue laws; but I was soon led to suspect 

 that this was not the cause, so much as a pretence, for seizing. 



A vessel once seized must be condemned, unless released as a 

 favor; because the owners will not claim her under the present laws 

 of Nova Scotia, where the only seizures have taken place. 



The questions on which dispute may arise, are — 



1st. The meaning of the word hay, in the convention of 1818, 

 where the Americans relinquish the rights before claimed or exer- 

 cised, of fishing in or upon any of the coasts, bays, &c., of her Britannic 

 Majesty's provmces, not before described, nearer than three miles. 



The authorities of Nova Scotia seem to claim a right to exclude 

 Americans from all bays, including those large seas such as the Bay 

 of Fundv and the Bay of Chaleurs; and also to draw a line from head- 

 land to headland; the Americans not to approach within three miles 

 of this line. 



The fishermen, on the contrary, believe they have a right to work 

 anywhere, if not nearer than three miles to the land. 



The orders of Admiral Sir Thomas Harvey, as he informed me, 

 are only to prevent their fishing nearer than three miles. 



According to this construction, Americans may fish in the Bay 

 of Fundy, Bay of Chaleurs, and the Bay of Miramichi; wliile their 

 right would be doubtful in Chedabucto Bay, and they would be pro- 

 hibited in the other bays of Nova Scotia. 



On that part of the coast of Newfoundland where the right of 

 fisliing is relinquished, there are several bays in which fisheries may 

 be prosecuted at three or more miles from the land. 



On that part of the coast of Newfoundland where the right of 

 taking and curing fish is secured by the convention of 1818, it is 

 to be feared that troubles may arise with the French, who assume 

 an exclusive right, and who have gone so far as to drive off even 

 English fishermen. 



The right of fishing on the shores of the Magdalen islands, though 

 sometimes questioned, seems so secured by the convention of 1818 

 that I think it unnecessary to lengthen this communication by fur- 

 ther discussing it. 



2d. The right of resorting to ports for shelter, and to procure 

 wood and water. The provincial authorities claim a right to exclude 

 vessels, unless in actual distress; and the subordinates, as well as 

 the naval forces of her Majesty, warn, as the}^ term it, vessels to 

 depart, or order them to get under weigh and leave a harbor when they 



