1216 MISCELLANEOUS. 



America, not included within the above limits, i. e., Newfoundland 

 and Labrador. 



"3d. That American fishermen shall also be admitted to enter such 

 bays or harbors for the purpose of shelter, and of repairing damages 

 therein, and also of purchasing wood and obtaining water, under such 

 restrictions only as might be necessary^ to prevent their taking, drying or 

 curing fish therein, or abusing the privileges reserved to them. Such are 

 the stipulations of the treaty, and they are believed to be too plain and 

 explicit to leave room for doubt or misapprehension, or render the dis- 

 cussion of the respective rights of the two countries at this time neces- 

 sary. Indeed, it does not appear that any conflicting question of right 

 between them has as yet arisen out of the differences of opinion re- 

 garding the true intent and meaning of the treaty. It appears, how- 

 ever, that in the actual application of the provisions of the convention, 

 (committed on the part of Great Britain to the hands of subordinate 

 agents, subject to and controlled by local legislation,) difficulties, grow- 

 ing out of individual acts, have unfortunately sprung up, among the 

 most important of which have been recent seizures of American ves- 

 sels for supposed violations of the treaty. These have been made, it 

 is believed, under color of a provincial law, (6th Wm. 4, chap. 8, 1836,) 

 passed, doubtless, with a view to restrict vigorously, if not intended to 

 aim a fatal blow at the fisheries of the United States on the coast of 

 Newfoundland. 



"It also appears, from information recently received by the govern- 

 ment of the United States, that the provincial authorities assume a 

 right to exclude the vessels of the United States from all their bays, 

 (even including those of Fundy and Chaleur,) and likewise to prohibit 

 their approach within three miles of a line drawn from headland to head- 

 land, instead of from the indents of the shores of the provinces ! They 

 also assert the right of excluding them from British ports, unless in ac- 

 tual distress, warning them to depart or get under weigh and leave har- 

 bor whenever the provincial custom-house or British naval officer shall 

 suppose that they have remained there a reasonable time, and this 

 without a full examination of the circumstances under which they may 

 have entered the port. Now, the fishermen of the United States Relieve 

 (if uniform practice is any evidence of correct construction) that they 

 can, with propriety, take fish anywhere on the coasts of the British 

 provinces, if not nearer than three marine miles to land, and have the 

 right to then* ports for shelter, wood and water; nor has this claim, it is 

 believed, ever been seriously disputed, based, as it is, on the plain and 

 obvious terms of the convention. Indeed, the main object of the 

 treaty was not only to secure to American fishermen, in the pursuit of 

 their employment, the right of fishing, but likewise to insure him as 

 large a proportion of the conveniences afforded by the neighboring 

 coasts of British settlements as might be reconcilable with just rights 

 and interests of British subjects, and the due administration of her 

 Majesty's dominions. The construction, therefore, which has been at- 

 tempted to be put upon the stipulations of the treaty by the authori- 

 ties of Nova Scotia, is directly in conflict with their object, and entirely 

 subversive of the rights and interests of the citizens of the United 

 States. It is one, moreover, which would lead to the abandonment, to 

 a great extent, of a highly important branch of American industry, 

 which could not for a moment be admitted b} r the government of the 

 United States. The undersigned has also been instructed to acquaint 



