231 



tore compromise the land covered with water as far as could be. avail- 

 able for the due enjoyment of the liberty granted. 



" 6. By the convention, the liberty of entering the bays and harbors . 

 of Nova Scotia for the purpose of purchasing Wood and obtaining . 

 water is conceded in general termsi unrestricted by any condition ex-^ 

 pressed or implied, limiting it to vessels duly, provided at the com- 

 mencement of the voyage; and we are of opinion that no such condi- 

 tion can be attached to the enjoyment of the liberty. 



"7. The rights of fishery ceded to the citizens of the United States, ' 

 and those reserved for the exclusive enjoyment of British subjects,-; 

 depend altogether upon the convention of 1818, the only existing; 

 treaty on this subject between the two countries, and the'material points 

 arising thereon have been specifically answered in our repHes to the 

 preceding querips. 



" We have, &c., 



"J. DODSON. 

 "THOS. WILDE. 



"Viscount Palmerston, K. B., Sfc., ^c." r 



Fifteen months elapsed before Lord Stanley,* who, as the Earl of 

 Derby, is the present prime minister of England, sent the answer, of 

 the crown lawyers to Lord Falkland. That it was communicated with 

 reluctance, even in November, 1842, is apparent. The subject to 

 which it relates, said he, "has frequently engaged the attention of my- 

 self and my colleagues, with the view of adopting further measures, if 

 necessary, for the protection of British interests in accordance with the 

 law as laid down" by these functionaries. "We have, however, oii 

 full consideration, come to the conclusion, as regards the fisheries of. 

 Nova Scotia, that the precautions taken by the provincial legislature 

 appear adequate to the purpose; and that being practically acquiesced in 

 by the Americans, no further measures are required." (The closing decla-]. 

 ration, which I have placed in italics, will ilot fail to attract notice.) 



Meantime (between August, 1841, and November, 1842,) Lord Falk-. 

 land had forwarded to the colonial secretary two additional reports, 

 made by committees of the House of Assembly, " complaining of thie; 

 encroachments of American citizens, on the fisheries of British North: 

 America, and praying the establishment of a general code of regula- 

 tions for their protection. A change had occurred in the ministry of 

 England, and Mr. Everett had succeeded Mr. Stevenson as our envoy 

 at the court of St. James. 



The colonists were not tardy in acting up to the suggestion of Lord^ 

 Stanley, that our government had " practically acquiesced" in the con- 

 struction of the convention of 1818, presented in Lord Falkland's 

 " CASE," and affirmed by the crown lg,wyers. Early in 1843, the sub- 

 ject was considered at a meeting of the chamber of commerce of HaliT 

 fax ; and the opinion of the Queen's advocate, and her Majesty's 

 attorney general, was received with great satisfaction by the merchants 

 of that city. Henceforth, in the judgment of some, competition be- 

 tween the colonial fishermen and our countrymen was at an end. The 



* The successor of Lord John Buasell as Secretary for the Colonies. 



