QUESTION FIVE. 97 



Chaleurs, and to prohibit their approach within three miles of a line 

 drawn from headland to headland. 



******* 

 "'Our fishermen believe, and they are obviously right in their 

 opinion, if uniform practice is any evidence of correct construction, 

 that they can with propriety take fish any where, on the coast of the 

 British provinces, if not nearer than three miles to land, and resort to 

 their ports for shelter, wood, water, &c." 



In pursuance of the instructions of this despatch, Mr. Stev- 

 110 enson sent a long letter (27th March, 1841) to Lord Palmers- 

 ton, in which he said (British Case, App., p. 126) : 



"It also appears, from information recently received by the Gov- 

 ernment of the United States, that the provincial authorities assume 

 a right to exclude the vessels of the United States from all their bays, 

 (even including those of Fundy and Chaleurs,) and likewise to pro- 

 hibit their approach within three miles of a line drawn from head- 

 land to headland, instead of from the indents of the shores of the 

 provinces" 



The claim thus formulated was transmitted to Lord Falkland (the 

 Governor of Nova Scotia), who in his reply (8th May, 1841), after 

 combating it upon various grounds, added (British Case, App., p. 



128) 



" Indeed the claim now set up there is reason to think is new, as in 

 point of practice the American fishermen when questioned for being 

 within the waters of the province, have uniformly resorted to the 

 pretexts afforded by the Convention, viz. : the want of shelter, repairs 

 or wood and water, and never it is believed have asserted the right 

 to fish within the bays or harbours of the coasts." 



******* 



" The American Minister states in his Despatch that, ' the fishermen 

 of the United States believe, (and it would seem they are right in 

 their opinion if uniform practice be evidence of correct construc- 

 tion,) that they can with propriety take fish anywhere on the coasts 

 of the British provinces, if not nearer than three marine miles to 

 land.' 



" This from the general context of Mr. Stevenson's note evidently 

 means, within three miles of the indents of the shore, ' the uniform 

 practice ' alluded to by that gentleman is a practice which has always 

 been resisted by the authorities of this colony, altho' it is difficult with 

 an extended coast and inadequate means of protection entirely to 

 suppress it." 



This statement by Lord Falkland establishes the fact that the 

 Colonial authorities had never acquiesced in fishing by Americans in 

 the bays. 



The United States Case suggests that (United States Case, p. 103) 



"The course pursued by the British Government in dealing with 

 the protest of the United States as expressed in Mr. Stevenson's note 

 throws considerable light upon Great Britain's understanding of the 

 true intent and meaning of the treaty provisions under which these 



