126 CASE OF THE UNITED STATES, 



and will direct the British authorities to confine their exertions to 

 within three marine miles of the shore, to exercise their power with 

 great leniency, and not to make captures except under flagrant cir- 

 cumstances. He wishes to place the question in position to be ad- 

 justed, if possible, when the present excitement has passed away. 

 Whatever may be the views of the colonists, the government here has 

 every desire to settle the whole matter. They have committed an 

 error which I think they wish to repair as soon as possible." 



This view was confirmed by the character of the orders which 

 were actually issued, for they proved to be even less stringent than 

 Lord Malmesbury had reported, as will appear from the following 

 incident : 



On August 23, 1852, Vice-Admiral Sejmiour, in command of the 

 British vessels at the North Atlantic station, wrote to the Lieutenant 

 Governor of Nova Scotia, enclosing a copy of statements of American 

 fishermen as to notices given them by the commanders of the pro- 

 vincial vessels employed for the protection of the fisheries, respecting 

 the limits within which they were allowed to fish, which statements 

 were as follows: 



1. R. W. Armistead, Master of the United States schooneT Ange- 

 ■iiora, of Frankfort, states about the 27th of July, he went on board 

 the Responsible, and was informed by her Commander, that if he 

 found lum fishing within three marine miles of a fine drawn from 

 Cape Gaspe to North Point of Prince Edward's he would seize his 

 vessel. 



2. Stephen Morey, master of the U. S. schooner R. Roster, of Deer 

 Island, stated that he went on board ''Halifax" laying in McNair's 

 Cove, Gut of Canso, about the 23rd of July, and was informed by 

 the Commander of that vessel, that his orders were to draw a line 

 from Port Hood to the East Point of P. E. Island, thence to the 

 North Point of P. E. Island, thence to Birch Point on Mission Island, 

 and that he would seize any vessels that he found fishing witliin three 

 marine miles of that line. 



3. William Page, Master of the U. S. schooner Paragon, of New- 

 buryport, stated to Mr, Sutton, that on or about the 23rd of July he 

 was informed by the Commander of the Schr. Responsible that he 

 should draw a line from headland to headland on any part of the 

 coast of Nova Scotia, and seize any vessel that he found fishing 

 within three marine miles of such a line. 



4. Stephen Randall, Master of the U. S, Sclir. Montezuma, states 

 that on or about 20tli Jul}^, whilst laying in Pirates Cove, Gut of 

 Canso, he met the Master of the Halifax, (James Laybold), who 

 informed him that he was not allowed to fish within tln-ee marine 

 miles of a line drawn from the North Cape to Cape Gaspe, and that 

 he would seize his vessel if he found him fishing wdthin that distance 

 of that Line, 



" Appendix, p. 523. 



