MISCELLANEOUS. 1047 



ment of a general code of regulations for their protection together 

 with a copy of a case prepared by you in April, 1841, to be submitted 

 to Her Majesty's Law Officers, raising certain questions, as to the 

 rights of Fishery conferred by the Treaties on the subject, on British 

 and American Fishermen respectively. I enclose for your informa- 

 tion a copy of the Report, which on the 30th August was received 

 from the Queen's Advocate and Her Majesty's Attorney General, on 

 the case drawn up by Your Lordship ; since that date the subject has 

 frequently engaged the attention of myself and my colleagues, with 

 the view of adopting further measures if necessary, for the protection 

 of British interest m accordance with the law as laid down in the 

 enclosed Report. We have, however, on full consideration come to 

 the conclusion, as regards the Fisheries of Nova Scotia, that the pre- 

 cautions taken by the Provincial Legislature appear adequate to the 

 purpose, and that being now practically acquiesced in by the Ameri- 

 cans, no further measures are required. 

 I have, etc. 



(Signed) STANLEY. 



The Right Honorable VISCOUNT FALKLAND, etc., etc. 



[Inclosure.] 



Opinion of Law Officers of the Crown. 



DOCTORS COMMONS, August 30th, ISJ^l. 



MY LORD : We are honored with your Lordship's commands, signi- 

 fied in Mr. Backhouse's Letter of the 26th of May, stating that he 

 was directed to transmit to us the accompanying letter from the 

 Colonial Office, enclosing a copy of a despatch from the Lieutenant 

 Governor of Nova Scotia, together with an address to Her Majesty 

 from the House of Assembly of that Province, complaining of the 

 continued encroachments of American Fishermen on the Fishing 

 ground of Nova Scotia and the adjacent Colonies, and praying that 

 Her Majesty would establish by an order in Council, general regula- 

 tion? for the protection of the Fisheries, according to the code an- 

 nexed to the address. 



We are also honored with Mr. Backhouse's letter of the 8th June, 

 stating that he was directed to transmit to us the copy of a Letter 

 frori the Colonial Office, together with a copy of a despatch from the 

 Lieutenant Governor of Nova Scotia, enclosing a case for opinion as 

 to vhat rights have been ceded to the citizens of the United States of 

 America, and as to what rights have been exclusively reserved to Her 

 Majesty's subjects, and to request that we would take the papers into 

 consideration, and report to your Lordship pur opinion upon the sev- 

 era questions stated in the case above mentioned. 



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

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

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

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

 O- 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 observations 

 which will occur in answering the other specific queries. 



