1238 MISCELLANEOUS. 



accuracy" indicated by his lordship; while, if they will turn to the 

 arguments of Mr. Everett, to which it replies, they will also find that 

 the positions of our minister are neither fairly met nor essentially 

 weakened. It may be admitted that some points are stated with 

 force and with fairness. But this document adds nothing to the 

 reputation of the attorney general, who is justly considered to be an 

 able man; for it is deficient in learning, upon the matters in contro- 

 versy, deficient in "accuracy," in the statements of facts relative to 

 the course and character of our fishermen, and in its tone and spirit 

 hardly more to be admired than the common accounts of "American 

 aggressions" which appear in the colonial newspapers. 



Under date of June 16, 1845, Mr. Johnston savs: 



"My LORD: Agreeably to your excellency's desire, I have the honor 

 to report such suggestions as appear to arise from the despatch of the 

 Right Hon. the Secretary of otate for the colonies, dated 10th May 

 last, and the correspondence accompanying it of the United States 

 minister at London and her Majesty s government, on the subject of 

 the fisheries on the coasts of her Majesty's North American provinces. 



"The concession of a right to fish hi the Bay of Fundy has been fol- 

 lowed by the anticipated consequence, the demand for more extended 

 surrenders, based upon what has been already gained; and it is to be 

 feared that the relaxations now contemplated, if carried into effect, 

 will practically amount to an unrestricted license to American fisher- 

 men. 



"When their right to fish within the larger bays, or at the mouths of 

 the smaller inlets, shall be established, the ease with which they may 

 run into the shores whether to fish, or for obtaining bait, or for draw- 

 ing off the shoals of fish, or for smuggling and the facility of escape 

 before detection, notwithstanding every guard which it is within the 

 means of the province to employ, will render yerj^ difficult the attempt 

 to prevent violations of the remaining restrictions, while, in the case of 

 seizures, the means of evasion and excuse, which experience has shown 

 to be, under any circumstances, abundantly ready, will be much 

 enlarged. 



"An instance has just occurred which illustrates this apprehension, 

 and confirms the observations to the same effect contained in the 

 report I had the honor to make to your excellency on the 17th Sep- 

 tember last, on the same subject. 



"An American fisherman, on the 5th of this month, was seized in 

 the Bay of Fundy, at anchor 'inside of the light-house at the entrance 

 of Digby Gut/ about a quarter of a mile from the shore, his nets lying 

 on the deck, still wet, and with the scales of herrings attached to the 

 meshes, and having fresh herrings on board his vessel. The excuse 

 sworn to is, that rough weather had made a harbor necessary; that the 

 nets were wet from being recently washed; but that the fish were 

 caught while the vessel was beyond three miles from the shore. 



"Hence, too, will be extended and aggravated all the mischiefs to 

 pur fisheries from the means used by the Americans in fishing, as by 

 jigging drawing seines across the mouths of the rivers and other 

 expedients; from the practice of drawing the shoals from the shores, 

 by baiting; and, above all, from their still more pernicious habit of 

 throwing the garbage upon the fishing-grounds and along the shores. 



"Every facility afforded the American fisherman to hold frequent, 

 easy, and comparatively safe intercourse with the shores, extends 



