182 THE ARGUMENT OP THE UNITED STATES. 



August 20, 1852, Lieutenant Governor Lo Marchant replied to 

 the note of Vice- Admiral Seymour : 



Referring to your excellency's letter of the 23d instant, which, with 

 its enclosures I have had the honor to receive, I beg to remind you 

 that copies of the instructions under which the captains of the pro- 

 vincial cruisers are acting, are in your excellency's possession. On 

 reference to tliese you can satisfy yourself that they contain no au- 

 thority whatever to act upon our [Nova Scotia's] construction of 

 the convention, except where vessels are actually found fishing within 

 three marine miles of the shore. a 



The provincial secretary of Nova Scotia, August 26, 1852, advised 

 Captain Laybold, who was in command of the provincial cruiser 



Halifax : 



I am commanded by the lieutenant governor to call your attention 

 to the enclosed copy of a despatch from Vice Admiral Sir George F. 

 Seymour, with statements of certain masters of American fishing 

 vessels enclosed. You will without delay, furnish me with such 

 explanation as will enable the lieutenant governor to judge how far 

 the conversations which are made matter of complaint, have been 

 accurately reported. And, in the meantime, you will take care to 

 detain no vessel which is not found trespassing within three miles 

 of land? 



Captain Dodd, in command of the provincial cruiser Responsible, 

 wrote to Provincial Secretary Howe of Nova Scotia, August 29, 1852 : 



The assertion of William Page, master of the schooner Paragon, 

 may be correct, for I did to several American captains (and he may 

 have been one of them), say that I should draw a line from the head- 

 lands of the coast and bays of Cape Breton, and seize all American 

 vessels found trespassing within three marine miles of such line; and 

 such are my intentions until further orders, as I consider myself 

 bound to do so by my instructions, in which I am referred to the 

 convention of 1818 ; and as it would be great presumption in me to 

 attempt to put any construction on that treaty, / feel myself l)ound 

 T)y the opinions of the Queerts advocate, and Her Majesty's attorney- 

 general, given in 181^1; and also by the result of the trial of the 

 American schooner Argus, which vessel was seized by me within a 

 line drawn from Cow Bay Head to Long Point, near Cape North, 

 Cape Breton, and condemned. 



September 1, 1852, Captain Dodd, having received the note of the 

 provincial secretary, replied : 



I have the honor to acknowledge the receipt of your letter dated 

 26th August, enclosing a copy of a despatch from Vice-Admiral 

 Sir George F. Seymour, with statements of certain masters of Ameri- 

 can fishing vessels, a copy of which statements was handed to me by 



U. S. Case, Appendix, 1079. 

 TJ. S. Case, 127; Appendix, 1080. 

 U. S. Case, 127 ; Appendix, 1081, 



