MISCELLANEOUS. 1243 



power of excluding the fishermen of the United States from the waters 

 in which they have a right to follow their pursuits." 



It is possible that, had our government seconded the efforts of our 

 minister at the Court of St. James, and had instructed him, in positive 

 and earnest terms, that the pretensions and claims of the colonists, 

 which were at last adopted by the British government, had not been, 

 and never would be, admitted as a just and proper commentary on the 

 convention of 1818, the despatch from which the preceding extract is 

 made would never have been written; and that of consequence the 

 excitement and difficulties of 1852 \\ould never have occurred. As it 

 was, the children of the "tories" triumphed over the children of the 

 "whigs" of the Revolution. 



The events of 1846, and of the three succeeding years, will not detain 

 us but a moment. The seizure and total loss of several American 

 vessels, and the renewed efforts of the Nova Scotia House of Assembly 

 to close the Strait of Canso, for reasons stated in three annual reports 

 of committees of that body, are the most important, and all which 

 we need notice. 



As we open upon the occurrences of 1851 we are met with & fourth 

 report on the very humane and favorite plan of closing Canso, which, 

 for reasons presently to appear, should be preserved in these pages. 



"The committee appointed to consider the question of the naviga- 

 tion by foreign vessels of the Gut of Canso, beg leave to report as fol- 

 lows : 



"The question submitted to your committee involves the considera- 

 tion, first, of the right of the legislature of this province to impose 

 restrictions or obstructions upon foreign vessels wishing the use of the 

 passage; and secondly, the policy of imposing any, and what, restric- 

 tions or obstructions. Your committee, in the consideration of the 

 first point, are aided materially by the action of a committee of this 

 house in the year 1842, who prepared a series of questions which were 

 submitted by Lord Falkland to the colonial secretary, and by him to 

 the law officers of the crown in England, upon the general subject of 

 the rights of fishery as reserved to this country by the treaty with the 

 United States in the year 1818, and also respecting the navigation of 

 the Gut of Canso. As the consideration of your committee has been 

 solely directed to the latter point, it is unnecessary to advert to the 

 issues raised upon the other points. The investigation is, therefore, 

 confined to the fourth question submitted that is to say, Have vessels 

 of the United States of America, fitted out for the fishery, a right to 

 pass through the Gut or Strait of Canso, which they cannot do with- 

 out coming within the prescribed limits, or to anchor there or to fish 

 there; and is casting bait to lure fish hi the track of the vessel, fishing 

 within the meaning of the convention? 



"This question, with the others, was suggested bv the consideration 

 of a remonstrance from Mr. Stevenson, then Uniteu States minister in 

 England, dated 27th of March, 1841, addressed to Lord Palmerston, 

 then and now Foreign Secretary, against the seizure of fishing vessels 

 belonging to citizens of the United States for alleged breaches of the 

 terms of the convention of 1818, a copy of which was forwarded to 

 Lord Falkland, then lieutenant-governor of this province, and submit- 

 ted by him to the legislature of 1842. This note contains the following 

 observations in respect to the navigation of the Gut of Canso: 'It may 

 be proper, also, on this occasion to bring to the notice of her Majesty r s 



