227 



large a proportion , o/ the conyeniences afforded; >y .the neighboriag 

 coasts of" British settlements as might be reconcilable with just rights 

 and interests qf JBritish subjects, and the due administration of her 



, Majesty's dominions. The construction, therefore, which hag been at- 



., tempted to be put upon the stipulations of the treaty by the authorities 



..of JNova Scotia, is directly iii conflict with their object, and entirely 

 subversive of the rights and interests of the citizens of the United 



, States. It is one, moreover, which woujd lead to the abandonnaent, to 

 a great extent, of a highly important branch of American industry, 

 wmch could not for a moment be admitted by the government of the 

 United States. The undersigned has also been instructed to acquaint 



, Lord Palmerston that the American government has received informa- 

 tion, that in the House of Assembly in Nova Scotia, during the session 

 .of 1839-40, an address to her Majesty vv^as voted, suggesting the ex- 

 tension to adjoining British colonies of rules and regulations relating to 

 the fisheries, similar to those in actual -operation in that province, and 

 which have proved so onerous to the fishermen of the United States; 



.and that eSbrtS, it is understood, are still making to induce the. other 



..colonies to unite with Nova Scotia in this restrictive system. Some. of 

 the provisions of her code are of the most extraordinary character. 

 Among these is one. which declares that any foreign vessel preparing 

 to fish within three miles of the coast of any of heir Majesty.'s dominions 

 in America, shall,, together with the cajgo, .be forfeited; that in all 

 cases of seizure, the owner or claimant of the vessel, &c., shall be held 

 .to prove his innocence or pay treble costs; that he shall be forced to 

 try his action within three months', and give one month's notice, at least 

 to the seizing officer, containing everything to be proved agEiinst him, 

 before any suit can be instituted; and also prove that the n,otice has 

 been given., The seizing , officer, moreover, is almost wholly irrespon- 

 sible, inasmuch as. he. is liable to no prosecution, if the judge certifies 

 that there is probable cause ; and the plaintiff, if successful in his suit, 

 is only to be entitled to twopence damages, without costs, and the de- 

 fendant fined not more than one shilling. In short, some of these rules 



,and regulations are violations of well established principles of the 

 common law of England, and of, the principles of the just laws of all 

 civilized nations, and would seem to have been designefl to enable her 

 Majesty's authorities to seize and confiscate with impunity American 

 vessels, and embezzle, indiscriminately, the property of American citi- 

 zens employed in the fisheries on the coasts of the British provinces. 

 It may be proper, also, on this occasion, to bring to the notice of her 

 Majesty's government the assertion of the provincial legislature, ' that 



, the Gut or Strait of Canso is a narrow strip of water completely within 



. and dividing several counties of the province,' and that the use of it 

 by the vessels and citizens of the United States is in violation of the 



.treaty of 1818. This, strait separates Nova Scotia from the island of 

 Cape Breton, which was not annexed to the province until the year 



. 1820. Prior to that, in 1818, Cape Breton- was enjoying a government 

 of its own entirely distinct from Nova Scotia, the strait forming, .the 

 line of demarcation between them, and being then, as now, a thorough- 

 fare for vessels passing into and out of the Gulf of St. Lawrence. The 



. union of the two, cplpnies cannot, therefore, be, admitted as.vesting in 



