1220 MISCELLANEOUS. 



attentively considered the course of navigation to the gulf by Cape 

 Breton, and likewise the capacity and situation of the passage of 

 Canso, and of the British dominions on either side, and we are of 

 opinion that, independently of treaty, no foreign country has the right 

 to use or navigate the passage of Canso ; and attending to the terms of 

 the convention relating to the liberty of fishery to be enjoyed by the 

 Americans, we are also of opinion that that convention did not either 

 expressly or by implication concede any such right of using or navi- 

 gating the passage in question. We are also of opinion that casting 

 bait to lure fish in the track of any American vessels navigating the 

 passage would constitute a fishing within the negative terms of the 

 convention. 



"5. With reference to the claim of a right to land on the Magdalene 

 islands, and to fish from the shores thereof, it must be observed that 

 by the treaty the liberty of drving and curing fish (purposes which 

 could only be accomplished by landing) in any of the unsettled bays, 

 &c., of the southern part of Newfoundland, and of the coast of Labra- 

 dor, is specifically provided for; but such liberty is distinctly nega- 

 tived in any settled bay, c.; and it must therefore be inferred that if 

 the liberty of landing on the shores of the Magdalene islands had been 

 intended to be conceded, such an important concession would have 

 been the subject of express stipulation, and would necessarily have 

 been accompanied with a description of the inland extent of the shore 

 over which such liberty was to be exercised, and whether in settled or 

 unsettled parts; but neither of these important particulars is provided 

 for, even by implication; and that, among other considerations, leads 

 us to the conclusion that American citizens have no right to land or 

 conduct the fishery from the shores of the Magdalene islands. The 

 word 'shore' does not appear to be used in the convention in any other 

 than the general or ordinary sense of the word, and must be construed 

 with reference to the liberty to be exercised upon it, and would there- 

 fore compromise the land covered with water as far as could be avail- 

 able for the due enjoyment of the liberty granted. 



"6. By the convention, the liberty of entering the bays and harbors 

 of Nova Scotia for the purpose of purchasing wood and obtaining 

 water is conceded in general terms, unrestricted by any condition ex- 

 pressed or implied, limiting it to vessels duly provided at the com- 

 mencement of the voyage; and we are of opinion that no such condi- 

 tion can be attached to the enjoyment of the liberty. 



"7. The rights of fishery ceded to the citizens of the United States, 

 and those reserved for the exclusive enjoyment of British subjects, 

 depend altogether upon the convention of 1818, the only existing 

 treaty on this subject between the two countries, and the material 

 points arising thereon have been specifically answered in our replies to 

 the preceding queik -. 



"We, have, &c., 



"3. DODSOX. 

 "Tiros. \VILDE. 



"Viscount PALMERSTOX, K. B., &c., cr" 



Fifteen months elapsed before Lord Stanley.* who, as the Earl of 

 Derby, is the present prime minister of England, sent the answer of 

 the crown lawyers to Lord Falkland. That it was communicated with 



*The successor of Lord John Russell as Secretary for the Colonies. 



