1244 MISCELLANEOUS. 



government the assertion of the provincial legislature, that "the Gut 

 or Strait of Canso is a narrow strip of water, completely within and 

 dividing several counties of the province," and that the use of it by the 

 vessels and citizens of the United States is in violation'pf the treaty of 

 1818. This strait separates Nova Scotia from the island of Cape 

 Breton, which was not annexed to the province until the year 1820. 

 Prior to that, in 1818, Cape Breton was enjoying a government of its 

 own, distinct from Nova Scotia, the strait forming the line demarca- 

 tion between them; and being then, as now, a thoroughfare for vessels 

 passing into and out of the Gulf of St. Lawrence. The union of the 

 two colonies cannot, therefore, be admitted as vesting in the province 

 the right to close a passage which has been freely and indisputably 

 used by the citizens of the United States since the year 1783. It is 

 impossible, moreover, to conceive how the use on the part of the 

 United States of the right of passage, common, it is believed, to all 

 nations, can in any manner conflict with the letter or spirit of the 

 existing treaty stipulations.' 



"The questions having been previously forwarded by Lord Falkland 

 to Lord John Russell, Lord Falkland, on the 8th of May, 1841, ad- 

 dressed to Lord John Russell a very able despatch on the general sub- 

 ject of the fisheries, in which previous provincial legislation was satis- 

 factorily vindicated from charges made by Mr. Stevenson for the seiz- 

 ure, improperly, of American fishing vessels; and clearly showed that 

 the provincial legislation was founded upon and sustained by previous 

 imperial acts upon the same subject; and which despatch most com- 

 pletely silenced any further complaints of a like nature. This des- 

 patch also refers to the navigation of the Gut of Canso, upon which 

 Lord Falkland therein remarks, in answer to Mr. Stevenson, 'Her 

 Majesty's exclusive property and dominion in the Strait of Canso is 

 deemed maintainable upon the principles of international law already 

 referred to, and which it is considered will equally apply, whether the 

 shore on each side form part of the same province, or of clifferent prov- 

 inces belonging to her Majesty. This strait is verv narrow, not exceed- 

 ing, in some parts, one mile in breadth, as may Toe seen on the admi- 

 ralty chart; and its navigation is not necessary for communication 

 with the space beyond, which may be reached by going round the 

 island of Cape Breton.' 



"Lord Falkland again says: 'I have now, I trust, established, that 

 if the interpretation put upon the treaty by the inhabitants of Nova 

 Scotia is an incorrect one, they are sincere in their belief of the justice 

 and interpretation, and most anxious to have it tested by capable 

 authorities; and further, that if the laws passed by the provincial leg- 

 islature are really of the oppressive nature they are asserted to be by 

 Mr. Stevenson, they were enacted in the belief that the framers of 

 them were doing nothing more than carrying out the views of the 

 home government as to the mode in which the colonists should protect 

 their own dearest interests. I enclose a copy of the proclamation con- 

 taining the act of the 6th William IV, of which Mr. Stevenson com- 

 plains; and any alteration in its provisions, should such be deemed 

 necessary, may be made early in the next session of the provincial 

 Parliament.' 



"The opinion of the Queen's advocate and her Majesty's attorney 

 general on the case drawn up by Lord Falkland, and upon the ques- 

 tions submitted by the committee, was enclosed by Lord Stanley to 



