MISCELLANEOUS. 1267 



becoming acquainted with the terms proposed in said treaty, and of 

 laying their case at the foot of the throne." 



The lieutenant governor of Nova Scotia, in his speech to the Assem- 

 bly of that colony, January, 1853, observes: 



"I shall direct to be laid before you certain papers, connected with 

 the important subject of an efficient protection of the fisheries, includ- 

 ing correspondence between the executive and his excellency the naval 

 commander-in-chief on this station, with respect to the best mode in 

 which this service should be carried out. To the zeal and experience 

 of that distinguished officer, and to the active and cordial co-operation 

 of the officers of the squadron employed under his command, we are 

 much indebted for the vigilance with which our national rights have 

 been guarded, without, at the same time, any diminution of the 

 friendly relations which ought to subsist between those whose common 

 origin and mutual interests offer so many pledges for the preservation 

 of peace. 



You will be pleased to learn that the government of the United 

 States has at length consented to negotiate on the subject of their 

 commercial relations with the British empire. I shall rejoice if these 

 negotiations result in the opening of more extended markets for the 

 productions of British America, and the adjustment of questions on 

 which the legislatures of all the provinces have hitherto evinced a 

 lively interest." 



The Assembly, in their reply to his excellency, deprecate "any con- 

 cession of territorial advantages to the citizens of the United States, 

 without these are purchased by the most full and ample equivalents." 



EXAMINATION OF THE BRITISH PRETENSIONS, AND OF THE DOCUMENTS 

 WHICH SUPPORT THEM. 



Having now completed a rapid historical view of the controversy 

 between the two governments as to the intent and meaning of the first 

 article of the convention of 1818, I propose to examine the principal 

 papers which are relied on to maintain the British side of the case. 



In answer to Lord Falkland's first query, the crown lawyers s.iy: 

 "In obedience to your lordship's commands,we have taken these papers 

 into consideration, and have the honor to report, that we are of opinion 

 that the treaty of 1783 was annulled by the war of 1812; and we are 

 also of opinion that the rights of fishery of the citizens of the United 

 States must now be considered as defined and regulated by the conven- 

 tion of 1818; and with respect to the general question, 'if so, what 

 right ? ' we can only refer to the terms of the convention, as explained 

 and elucidated by the observations which will occur in answering the 

 other specific queries." 



And so, as tne words stand, the treaty of 1783 having been "an- 

 nulled" by the event spoken of, our independence as a nation was re- 

 voked also. This is something the American people had not thought 

 of. These gentlemen mean, possibly, that our rights of fishing only 

 were abrogated by the rupture in 1812, and we may consider their 

 opinion on this ground. 



Fortunately, the late President John Quincy Adams has pronounced 

 a judgment upon this very point. On the convention of 1818 he re- 

 marked: "The United States have renounced forever that part of the 

 fishing liberties which they had enjoyed, or claimed, in certain parts of 



