100 THE ARGUMENT OF THE UNITED STATES. 



States. In a report, December 29, 1839, to the Secretary of State, ho 

 first made known to the United States the new theory of interpre- 

 tation. 



The authorities of Nova Scotia seem to claim a right to exclude 

 Americans from all bays including those large seas such as the Bay 

 of Fundy, and the Bay of Chaleurs, and also to draw a line from 

 headland to headland, the Americans not to approach within three 

 miles of this line. 



The fishermen, on the contrary, believe they have a right to work 

 anywhere, if not nearer than three miles to the land. 



The orders of Admiral Sir Thotnas Harvey, as he informed me, are 

 only to prevent their -fishing nearer than three miles. 



According to this construction, Americans may fish in the Bay of 

 Fundy, the Bay of Chaleurs, and the Bay of Miramichi; while their 

 right would be doubtful in Chedabucto Bay, and they would be 

 prohibited in the other bays of Nova Scotia." 



The important fact is therefore established, that the orders to the 

 Admiralty of Great Britain were to make no seizures nearer than 

 three miles to land, and only to prevent fishing within the three mile 

 limit, as previously understood between the United States and Great 

 Britain. 



Lieutenant Paine also reviewed the provisions of the Nova Scotia 

 act of 1836, and observed : 



The whole of this act, and the proceedings on the subject, as de- 

 tailed in the journals of the assembly, display an unfriendly disposi- 

 tion towards Americans, or rather a determination to quarrel or 

 drive them from the exercise of rights secured by solemn treaty." 



In commenting upon the provisions of the act protecting the per- 

 son seizing a vessel from damages, and dividing the prize between the 

 person making the seizure and the Government, he stated : 



The person who made the most of these seizures, (a Mr. Darby, 

 who commands a chebacco boat, with ten or twelve men armed with 

 muskets,) is prompted, as well by his interest as by a certainty of 

 immunity, to seize all he can find." 



All seizures made in the year 1840 were for offenses, however, 

 claimed to have been committed within three miles of land. d 



Mr. Primrose, American consul at Pictou, Nova Scotia, in a de- 

 spatch to the Secretary of State, November 25, 1840, made an ex- 

 tensive report on the situation : 



I have just been able to procure a copy of the Journal, and Pro- 

 ceedings of the House of Assembly of this Province at its session 

 1839-40, and I beg leave to forward it to you herewith. * * * 



U. S. Case, 95; Appendix, 442. C U. S. Case, Appendix, 453. 

 U. S. Case, Appendix, 451. U. S. Case, 94. 



