158 THE ARGUMENT OF THE UNITED STATES. 



vessels into British harbors, or, on the other, the reasons which in- 

 duced their seizure by British authorities, the department is unable 

 to state whether, in the cases under consideration, there has been any 

 flagrant infraction of the existing treaty stipulations. The presump- 

 tion is, that if, on the part of the citizens of the United States, there 

 has been a want of caution or care in the strict observance of those 

 stipulations, there has been, on the other hand, an equal disregard of 

 their spirit, and of the friendly relations which they were intended to 

 promote and perpetuate, in the haste and indiscriminate rigor with 

 which the British authorities have acted. 



Whether the numerous seizures of American vessels were occasioned 

 by the reckless disregard of their treaty rights in the small bays, 

 ports, and harbors indenting the coast, or whether there was an arbi- 

 trary disregard of the treaty rights of the people of the United States 

 by the authorities of Nova Scotia is at this time quite immaterial. 



In any event, as a result of the conditions, the assembly of Nova 

 Scotia had in 1836 memorialized His Majesty King William TV for 

 assent to an act containing rules, regulations, and restrictions under 

 which the fisheries should be conducted. 6 



The act referred to in this memorial was passed March 12, 1836 

 (6 Wm. IV, chap. 8), and was put into effect by an order of council 

 dated July 6, 1836.* 



There was nothing in the memorial of the assembly of Nova Scotia 

 or in the act passed to indicate any new interpretation of the renun- 

 ciatory clause of the treaty. 



It will be observed by reading this memorial and act that the au- 

 thority to make regulations was based upon the right found in the 

 treaty to make " such restrictions as may be necessary to prevent their 

 taking, drying or curing fish therein," that is, in the bays or harbors 

 entered for the purpose of shelter, and of repairing damages therein, 

 of purchasing wood and of obtaining water, and for no other pur- 

 poses whatever. 



The legislature of Nova Scotia was making regulations for the pur- 

 pose of more stringently regulating the resort of American fishing 

 vessels to the small bays, ports, and harbors. 



It is apparent that there was abundant opportunity for differences 

 of opinion regarding the necessity of any particular American ves- 



TJ. S. Case, 91; Appendix, 440. 

 6 U. S. Case, 82; Appendix, 1040-1042. 

 . U. S. Case, 82-86 ; Appendix, 119. 

 * U. S. Case, Appendix, 116. 



