PERIOD FROM 1854 TO 1871. 153 



On being informed of these views of the Provincial Government, Mr. 

 Cardwell, Secretary of State for the Colonies, promptly WTote on May 

 26, 1866, to the Lieutenant Governor of Nova Scotia expressing regret 

 at the attitude of that Government with respect to which he says: 



I must distinctly inform you that on a matter so intimately con- 

 nected with the international relations of this country, her Majesty's 

 government will not be disposed to yield their own opinion of what 

 it is reasonable to insist on, nor to enforce the strict rights of her 

 Majesty's subjects beyond what appears to them to be required by 

 the reason and justice of the case.** 



So also when the negotiations which resulted in the treaty of 1871 

 were being undertaken. Lord Kimberley wrote on February 16, 1871, 

 to Lord Lisgar, the Governor General of Canada, stating generally 

 the British attitude on these questions as follows : 



You have already been informed by telegram of the views of Her 

 Majesty's Government upon the Fishery Questions, but I think it 

 will be convenient, with reference to the pending negotiations, that a 

 somewhat fuller statement of those views should now be placed on 

 record. 



It would not be possible for Her ^lajesty's Government to pledge 

 themselves to any foregone conclusion upon any particular point 

 connected with these negotiations, but they have anxiously con- 

 sidered the questions which concern Canada; and they feel confident 

 that the Canadian Government, will agree with them that a satisfac- 

 tory termination of the difficulties which have arisen with the United 

 States, can only be attained by taking as broad and liberal a view as 

 is consistent with the just rights and real interests of the Dominion. 



As at present advised, Her Majesty's Government are of opinion 

 that the right of Canada to exclude Americans from fishing in 

 the waters within the limits of three marine miles of the coast, is 

 beyond dispute, and can only be ceded for an adequate consideration. 



Should this consideration take the form of a money pa3Tnent, it 

 appears to Her Majestj^'s Government, that such an arrangement 

 would be more likely to work well than if any conditions were annexed 

 to the exercise of the privilege of fishing within the Canadian waters. 



The presence of a considerable number of cruisers would always 

 be necessary to secure the performance of such conditions and the 

 enforcement of penalties for the non-observance of them would be 

 certain to lead to disputes \vath the L^nited States. 



With respect to the question, what is a Bay or Creek, within the 

 meaning of the first Article of the Ti'eaty of 1818, Her Majesty's 

 Government adhere to the interpretation which they have hitherto 

 maintained of that Article, but they consider that the difterence 

 which has arisen with the United States on this point, might be a fit 

 subject for compromise. 



The exclusion of American fishermen from resorting to Canadian 

 Ports, "except for the purpose of shelter, and of repairing damages 

 therein, of purchasing wood and of obtaining water," might be 



a Appendix, p. 577, 



