474 APPENDIX 



this country, are still disinclined to prevent those colonies, by the interposition 

 of Imperial authority — and especially pending the negotiation with the United 

 States of America for the settlement of the principles on which the commerce with 

 the British North American Colonies is hereafter to be carried on — from adopt- 

 ing the policy which they may deem most conducive to their own prosperity and 

 welfare. 



"The vessels of war mentioned in the above circular despatches are expected to 

 be upon the coasts of British North America, during the present month (July), when, 

 no doubt, seizures will begin to be made of American fishing vessels, which in the 

 autumn pursue their business in indents of the coast, from which it is contended they 

 are excluded by the Convention of 1818. 



"Meantime, and within the last ten days, an American fishing vessel, called the 

 ' Coral,' belonging to Machias, in Maine, has been seized in the Bay of Fundy, near 

 Grand Manan, by the officer commanding Her Majesty's cutter 'Netley,' already 

 arrived in that bay, for an alleged infraction of the fishing convention; and the fish- 

 ing vessel has been carried to the Port of St. John, New Brunswick, where proceed- 

 ings have been taken in the Admiralty Court, with a view to her condemnation and 

 absolute forfeiture. 



"Besides the small naval force to be sent out by the Imperial Government, the 

 colonies are bestirring themselves also for the protection of their fisheries. Canada 

 has fitted out an armed vessel to be stationed in the Gulf; and this vessel has pro- 

 ceeded to the fishing grounds, having on board not only a naval Commander and 

 crew, with power to seize vessels within Umits, but also a stipendiary magistrate and 

 civil police, to make prisoners of all who are found transgressing the laws of Canada, 

 in order to their being committed to jail, in that colony, for trial. 



"The colony of Newfoundland has fitted out an armed vessel for the purpose of 

 resisting the encroachments of French fishing vessels on the coast of Labrador; but, 

 when ready to sail from their port, the governor of that colony, acting under Im- 

 perial instructions, refused to give the commander of this colonial vessel the neces- 

 sary authority for making prize of French vessels found trespassing. This is an 

 extraordinary circumstance, especially when taken in connection with the fact that 

 the like authority to seize American fishing vessels, under similar circumstances, has 

 never been refused to the cruisers of any of the North American Colonies. 



"The Colony of Nova Scotia has now four armed cruisers, well manned, on its 

 coasts, ready to pounce upon any American vessels who may, accidentally or 

 otherwise, be found fishing within the hmits defined by the crown officers of 

 England. 



"New Brunswick has agreed with Canada and Nova Scotia to place a cutter in 

 the Bay of Fundy to look after American fishermen there; and at Prince Edward 

 Islands, Her Majesty's steam frigate 'Devastation' has been placed under the in- 

 structions of the governor of that colony." 



The first Article of the Convention between the United States and Great Britain 

 of the 20th October, 1818, is in these words: 



"Whereas, differences have arisen respecting the liberty claimed by the United 

 States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, 

 harbors, and creeks of His Britannic Majesty's dominions in America, it is agreed 

 between the high contracting parties that the inhabitants of the said United States 

 shall have forever, in common with the subjects of His Britannic Majesty, the liberty 

 to take fish of every kind on that part of the southern coast of Newfoundland which 



