QUESTION FIVE. 159 



sel resorting to a harbor for the purposes of shelter, repairing dam- 

 ages, purchasing wood or of obtaining water. 



As observed by Mr. Vail in 1839, the stipulations of Article I of 

 the treaty had not been the subject of conflicting questions of right 

 between the two Governments ; but the seizures by the Government of 

 Nova Scotia of American vessels, resorting to ports and harbors and 

 inner bays, had been frequent during the years now under considera- 

 tion, while there is no evidence anywhere of any contention thus far 

 on the part of the Province of Nova Scotia that the fishing vessels 

 of the United States had no right to fish in the great outer bays. 



The seizures between the years 1838 and 1840 have been reviewed at 

 length in the Case of the United States; and it is there shown that 

 the only seizures made during this period were for offenses alleged to 

 have occurred within three miles of the shore." 



This act of 1836 of the legislature of the Province of Nova Scotia 

 contained these provisions after providing for condemnation: 



The amount chargeable for the custody of said goods, ship, vessel, 

 boat or any other thing so seized as aforesaid, shall be first deducted 

 and paid, and the residue divided into two equal moieties, one of 

 which shall be paid to the officer or other person or persons legally 

 seising the same, without deduction, and the other moiety to the gov- 

 ernment, and paid into the treasury of this Province, all costs in- 

 curred having been first deducted therefrom * * * nor shall the 

 person who made such seizure be liable to any action, indictment, or 

 other suit or prosecution on account of such seizure* 



The inhabitants of Nova Scotia, as is most apparent from the 

 trivial grounds for some of the seizures in these years, coveted the 

 industry pursued by the people of the United States and commenced 

 a systematic effort to nullify the treaty obligations of Great Britain." 



It is here to be observed that, even after the passage of this act, 

 which called for the strict enforcement of the rights of Great Britain 

 against the American fishermen, the Government of Great Britain 

 instructed Admiral Sir Thomas Harvey, representing the Admiralty 

 of Great Britain in those waters, only to prevent American vessels 

 from fishing within three miles of land. 



Lieutenant Paine of the United States Navy was dispatched by the 

 Secretary of the Navy in September, 1839, to the coasts of the British 

 Provinces in obedience to directions of the President of the United 



U. S. Case, 89-94. 



*U. S. Case, Appendix, 120. 



C U. S. Case, 95. 



