PEBTOn FROM 1841 TO 1854. 105 



and other stations in the neighborhood of Canso which formerly were 

 the most productive Fisheries of Nova Scotia. They also land on the 

 Magdalen Islands, set nets and sweep seines in the spring of the year, 

 at a time when the Herrings resort to those waters to spawTi, thereby 

 destroying the spawn and young fish, and consequent!}" ruining the 

 Fishery. 



The opmion of the Law Officers of the Crown in England is re- 

 quested on the following points : 



1st.— Whether the Treaty of 1783 was annulled by the War of 

 1812, and whether citizens of the United States possess any right of 

 Fishery in the waters of the Lower Provinces other than ceded to 

 them by the convention of 1818, and if so, whnt right. 2d. — Have 

 American citizens the right under that Convention, to enter any of 

 the Bays of this Province to take Fish; if after they have so entered 

 the}" prosecute the Fishery more than three marine miles from the 

 shores of such Bays; or should the presci'ibed distance of three marine 

 miles be measured from the headlands, at the entrance of such Bays, 

 so as to exclude them. 3d. — Is the distance of three marine miles to 

 be computed from the indents of the coast of British America, or from 

 the extremeheadlands,andwhatis to be considered aheadland. 4th. — 

 Have American vessels, fitted out for a Fishery, a right to pass through 

 the Gut of Canso, which they cannot do without coming within the 

 prescribed limits, or to anchor there or to Fish there; and is casting 

 bait to lure fish in the tract of the vessels fishing, within the meaning 

 of the Convention. 5th. — Have American citizens a right to land on 

 Magdalen Islands and conduct the Fishery from the shores thereof 

 by using nets and seines; or what right of Fisher}' do they possess on 

 the shores of those Islands and what is meant b}" the term shore. 

 6th. — Have American Fishermen the right to enter the Bays and 

 Harbors of this Province for the purpose of purchasing wood or 

 obtaining water, having provided neither of these articles at the 

 commencement of their voyages, in their own countries; or have they 

 the right of entering such Bays and Harbors in cases of distress, or 

 to purchase wood and obtain water, after the usual stock of those 

 articles for the voyage of such Fishing craft has been exhausted or 

 destroyed. 7th. — Under existing Treaties, what rights of Fishery 

 are ceded to the citizens of the United States of America, and what 

 reserved for the exclusive enjoyment of British subjects.*^ 



On August 30, 1841, the opinion of the Law Officers of the Crown 

 was rendered, the tBxt of which, omitting the introductory clauses, 

 is as follows: 



Query 1st. — In obedience to your Lordship's commands, we have 

 taken these papers into consideration, and have the honor to report, 

 that we are of opinion, that the Treaty of 1783 was annulled by 

 the war of 1812; and we are also of opinion, that the rights of 

 Fishery of the citizens of the United States must now be considered 

 as defined and regulated by the Convention of 1818; and with respect 

 to the general question ''if so, what right", we can only refer to the 

 terms of the convention, as explained and elucidated by the obser- 

 vations which will occur in answering the other specific queries. 



« Appendix, p. 1045. 



