facilities for evasion and falsehood-and it may safely be asserted from a knowledge of the subject and the parties that unless the British Government are content to maintain the strict construction of the treaty as a mere question of past contract and right, whatever that construction may be, the encroachment of the American fishermen will not cease, nor collision end, until they have unlimited licence over the whole shore of Nova Scotia.

It is hoped my Lord that if any arrangement such as in [is] contemplated, should be made, its terms may clearly express, that the American fishermen are to be excluded from fishing &c within three miles of the entrance of the bays and inlets, in which they are not to be permitted to enter.

There seems some doubt on this point in the language of Lord Stanley's despatch and the making the criterion of the bays &c to be the width of the double of three marine miles, would strengthen such a doubt by giving the appearance that the shores of these bays &c and of the general coast were to be considered in the same light.

To avoid such a construction, no less than to abridge the threatened evil, the suggestion made to your Lordship by Mr. Stewart, that the width of those bays, creeks, and inlets, should be more than the double of three marine miles, say three or four times more. I have the honour to be

Your Lordship's most obedt servt.

J. W. JOHNSTON.

To His Excellency The Right Hon. VISCOUNT FALKLAND

Lieut. Governor, &c &c &c

No. 90.-1845, June 21: Despatch from Lieut.-Governor Sir W. M. G. Colebrooke to Lord Stanley.

No. 50.

FREDERICTON N. B. June 21st 1845 MY LORD, Referring to my Despatch No. 48 dated the 13th instant and in reference to your Lordship's Despatches No. 288 of the 30th of March and No. 298 of the 19th of May in the last of which you have requested to be informed of any objections on provincial or other grounds to the proposed relaxation of the construction of the Treaty of 1818 with the United States, by the extension to their fishing boats of the privilege accorded to them in the Bay of Fundy, along the whole of the coasts in North America, allowing them to enter the bays of the sea, measuring from headland to headland, at their entrance the double of the distance of three miles within which they would still be prohibited to approach the coast for the purpose of fishing, I have the honour to report to your Lordship that having brought the subject under consideration in the Executive Council a Minute has been recorded copy of which I herewith enclose, from which your Lordship will observe that serious objections are entertained to the proposed concession as well from the increased difficulties which would occur in protecting the British fisheries, and in guarding against collisions with the provincial fishermen, as in protecting the provincial revenue from the smuggling for which great facilities would thus be given.—

As it has not been the practice in this province to employ colonial armed vessels from a conviction that the duty of protecting the

fisheries is more safely entrusted to Her Majesty's navy by which disputes are more likely to be prevented, I recommend under any circumstances that provision should be made for the constant employment of a vessel in the Bay of Fundy during the fishing season, and also of one on the northern coasts.

As Mr. Simonds is about to proceed to England I have on 149 the suggestion of the Council entrusted him with a duplicate of this Despatch, and I can confidently refer to him for such further information as your Lordship may desire to receive on the subject.

I have the honour to be my Lord

Your Lordship's most obt. humble servant

The Right Honorable LORD STANLEY

W. M. G. COLEBROOKE

&c &c &c

[Enclosure in above Despatch Dated June 21st 1845.]

IN COUNCIL 20th June 1845

His Excellency the Lieutenant Governor brought under the consideration of the Board Lord Stanley's Despatch No. 298 dated May 19th 1845 relative to a relaxation of the Regulations under the Convention of 1818 in reference to fishing vessels belonging to the United States of America with enclosures stating that the Government have deemed it advisable to admit, American fishing vessels into the different bays on the British American Coasts and requesting to be informed whether there are any objections to the measure on provincial or other grounds

Whereupon The Council are decidedly of opinion that the admission of the Americans into Miramichi Bay and Chaleur Bay and a participation in its fisheries will be attended with a ruinous effect on the fishing trade of the province, especially with regard to that branch of it, carried on in Chaleur Bay by far the most valuable fishing ground on these coasts.-That little doubt can be entertained that such a concession will result in depriving us of this valuable source of trade now rapidly increasing in that part of the province. That it is obvious that the unlimited command of capital and other advantages possessed by an old and populous country like the United States must render competition on the part of this young colony hopeless.

That past experience has fully shown that with such advantages they have been enabled to carry on their fisheries on so extensive a scale and with such overwhelming numbers that they have invariably succeeded in expelling our fishermen from those coasts where they have had any pretext or sufficient inducement for encroachment.

That hitherto it was on the superior natural advantages presented by our own coasts-especially those of Gaspé Bay that the enterprise of our fishermen could mainly rely and on [one] of the difficulties against which they had to contend and by no means the least injurious to their interests was being excluded by the high protective duties of such a country as the United States where the consumption of fish by an extensive slave population might otherwise have afforded a remunerating market.—

That the admission of the Americans into Chaleur Bay would give them a complete command over the herring, the salmon--and the cod fisheries of that Bay from its mouth to within three miles of its head where the inshore and deep sea fisheries are alike carried on, and where its most valuable fishing grounds are beyond the prescribed distance

That it would be attended with the sacrifice of the capital of those establishments already formed one of which, a company in London has recently embarked two hundred thousand pounds—

That the fishermen and other persons employed are exclusively occupied in carrying on these fisheries by which they are maintained

That some idea may be formed of the extensive population thus occupied. when the houses of Robins and one or two others employ several thousand persons, who should these fisheries be abandoned would be thus left destitute of the means of support.

That so far would the introduction of the Americans into this Bay, from which they have hitherto been excluded, be from removing the collisions and complaints already existing, that it would augment them to an extent hardly to be contemplated from the increase of conflicting interests and the struggle between the fishermen of the two countries for the best fishing ground—

That until our fishermen were driven off their grounds and compelled to abandon their fisheries by the superior power and number of the Americans collisions of a serious character not unattended perhaps with fatal consequences might be apprehended as it could hardly be supposed that they would submit to relinquish to the Americans those benefits to be derived from the fisheries on which their means of subsistence depend-nor can it be supposed that a concession of this kind made at the expense of the colonists and without any corresponding benefit to be conferred on them or for any purpose of national policy would be viewed but with feelings of deep hostility and regret by the inhabitants of this province especially when it is considered with what jealousy they have ever been excluded from fishing on the American coast

That the facilities thus afforded of carrying on an illicit trade on our coast in American spirits, articles of American manufacture and other contraband goods would be increased to such a degree as to be entirely beyond the means of this province to control and would be attended with a serious diminution of our revenue and other most injurious effects.

The treasurer has already reported that the smuggling in the Bay of Fundy will be greatly increased and the revenue injuriously affected by the admission of the Americans to fish in that Bay and it is much to be apprehended that these encroachments on the limits prescribed to them will lead to collisions with our fishermen even to a greater extent than heretofore of which serious complaints have been already made and which the employment of armed vessels

150

by the colonies and even by the mother country would be inadequate to prevent. These concessions will be nationally injurious to the extent that these fisheries have heretofore proved, to be a valuable nursery for seamen and will be so cultivated by the United StatesExtract from the Minutes

The Council also beg to recommend that the Honourable Charles Simonds on his proceeding to England be requested to wait on the Right Honourable Lord Stanley and to bring fully under his Lordship's consideration, the ruinous effects that will result to our fisheries and other important interests of this province by admitting the subjects of the United States to fish in the Bay of Miramichi, the Bay of Chaleur and other Bays on the North American coasts from which they have hitherto been excluded by the treaties subsisting between Great Britain and the United States and also that he be requested to communicate with His Excellency the Lieutenant Governor on the subject—

Extract from the Minutes

(Signed)

W. H. ODELL.

Extract of a Letter from Beverley Robinson Esqr Provincial Treasurer to Alfred Reade Esqr Provincial Secretary dated St. John N. B. June 17th, 1845.

As regards importations from the United States I very much fear that the admission of American fishermen into the Bay of Fundy will so greatly increase the facilities for illicit traffic that the honest importer will be no longer able to complete with the horde of smugglers by whom we have reason to dread we will be overrun.

(Signed)

B. ROBINSON, P.T.

No. 91.-1845, July 2: Despatch from the Right Hon. Viscount Falkland to the Right Hon. Lord Stanley.

No. 331.

GOVERNMENT HOUSE HALIFAX 2nd July 1845. MY LORD, I lose no time in replying to your Lordship's Despatch, No. 225 date 19 May, desiring me to inform you whether I have any objections to offer on provincial or other grounds to a further relaxation of the construction of the Treaty of 1818 between Great Britain and the United States; such relaxation, I learn from the above despatch, going to the extent of allowing to American fishing vessels free ingress, with liberty to fish therein, to all inlets of the sea which measure from headland to headland at their entrance more than the double of three miles, and still continuing to prohibit United States fishing vessels to fish within any bays which do not measure that distance at the entrance or to enter therein except under circumstances and for purposes provided for by the above treaty.

In my former correspondence, see No. 75, date May 8, 1841, addressed to your Lordship's predecessor, and No. 185, date 17 October 1843 addressed to your Lordship I have very fully explained that, as the advocate of the interests of the province, over the administration of the affairs of which I have now for some time presided, I should deeply lament any relaxation of the construction of the Treaty which would admit of American fishing vessels carrying on their operations within three marine miles of a line drawn from headland to headland of the various bays on the coast of Nova Scotia ;-nor, as governor of the colony, do I now retract that opinion:-but, as in matters of this nature, much technical knowledge as well as verbal accuracy is required in treating of details, I have directed the Attorney General to prepare a report on this subject, which I herewith send, recommending it to your Lordship's particular attention, and to which I have only to add that I am convinced such a relaxation of the construction of the treaty of 1818 as is apparently contemplated by Lord Aberdeen, would, if carried into effect except in as far as regards the Bay of Fundy, produce very deep rooted dissatisfaction both here and in New Brunswick, and cause much injury to a very large and valuable class of Her Majesty's subjects.

Whether the arguments so strongly urged in the inclosed Report ought to give way to considerations of national interest, which H. M. Government may deem involved in the question, I do not venture to pronounce, but I earnestly hope that if any further privileges injurious to the local interests of the inhabitants of this colony are accorded to the fishermen of the United States, some such compensating advantages as are pointed out in my despatch No. 271 of the 17th

Sept. 1844 will be demanded and obtained for the fishermen of 151 Nova Scotia, and I take the liberty of again requesting your Lordship to bring this important point under the notice of the Secretary of State for Foreign Affairs.

I have the honour to be my Lord,

your Lordship's most obedient humble servant

The LORD STANLEY

FALKLAND:

&c &c &c

No. 92.-1845, September 17: Despatch from the Right Hon. Lord Stanley to the Right Hon. Viscount Falkland.

LORD FALKLAND

DOWNING ST. 17th Septr 1845.

MY LORD, Her Majesty's Government have attentively considered the representations contained in your Despatches Nos. 324 & 331, of the 17th June and 2nd July, respecting the policy of granting permission to the fishermen of the U. States to fish in the Bay of Chaleurs and other large bays of a similar character on the coasts of N Brunswick and Nova Scotia, and, apprehending from your statements that any such general concession would be injurious to the interests of the British North American Provinces we have abandoned the intention we had entertained upon the subject, and shall adhere to the strict letter of the Treaties, which exist between Great Britain and the U: States relative to the fisheries in North America, except in so far as they may relate to the Bay of Fundy which has been thrown open to the Americans under certain restrictions. In announcing this decision to you I must at the same time direct your attention to the absolute necessity of a scrupulous observance of those Treaties on the part of the colonial authorities, and to the danger which cannot fail to arise from any over-strained assumption of the power of excluding the fishermen of the U: States from the waters in which they have a right to follow their pursuits. The case of the "Argus" is an exemplification of my meaning-that vessel having been seized by a provincial revenue cruiser, under the plea of illegal encroachment, in a spot where she was not within three miles of the shore, and where there does not appear to have been any pretence for asserting that she was within any bay, or in unlawful propinquity to any bay on the coast of Nova Scotia. I transmit herewith to your Lordship the copy of the opinion delivered upon the case of the "Argus" by the Queen's Advocate, and have to direct your Lordship to adopt such measures as may appear to you to be expedient for affording reparation to the parties who have been injured in the transaction.

I have, &c.

a

STANLEY.

No. 93.-1847, December 7: Extract from Message of President of the United States on the Opening of Congress, Washington, December 7, 1847.

A state of war abrogates Treaties previously existing between the belligerents, and a Treaty of Peace puts an end to all claims for indemnity, for tortious acts committed under the authority of one government against the citizens or subjects of another, unless they are provided for in its stipulations. A Treaty of Peace which would terminate the existing war, without providing for indemnity, would enable Mexico, the acknowledged debtor, and herself the aggressor in the war, to relieve herself from her just liabilities. By such a

a Septr 9th 1845.