6 It is, however evident that the establishment of well understood limits, becomes of consequence to our peaceable relations with the United States. 7 The north side of Prince Edward Island swarms with fine schooners under the United States flag, though I saw none fishing within 3 miles. 8 I visited Port Hood, in Cape Breton and communicated there with the "Bermuda," schooner and two Provincial cruisers, and returned to Halifax by Pictou on the 28th leaving the "Devastation and "Basilisk" in the Gulf with 2 tenders. I have etc etc etc (Signed) G. F. SEYMOUR Vice Admiral and Commander in Chief. The SECRETARY OF THE ADMIRALTY P.S. I should acquaint you, that the master of the United States schooner. "Golden Rule," which had been detained for infraction of the Convention by the "Telegraph" schooner, supplicated his release from me on my arrival at Charlotte Town and I did not consider a 3d example essential for the present and on consideration of the master having been put to great expense in the repairs of his vessel, last year in the island and of his engagement not to repeat the offence, which he asknowledged, I desired Lieutt. Chetwynd not to institute legal proceedings and to release her. I inclose the masters petition, with Lieutt Chetwynds account of her detention. G. F. S. No. 113.-1852, September 16: Letter from the Earl of Malmesbury to Mr. Crampton. 197 No. 87. FOREIGN OFFICE, September 16th, 1852. SIR, I have received and laid before the Queen your despatch No. 134 of the 23rd ultimo, in which you report the state of the Fisheries' Question, as it stood at that date, and the embarrassment felt by the United States Government as to the mode in which that question should be further dealt with by them. In the present position of that question I have little to add to the instructions which I have already addressed to you respecting it. I have, however, specially to instruct you not to hold out in any shape to the United States Government the slightest hope that by any act of indulgence analogous to the relaxation granted by Lord Aberdeen in respect to the Bay of Fundy Her Majesty's Government will be disposed to admit United States' fishermen to fish within three miles of any part of the coasts of the British Colonies in North America which is not already opened to them by treaty. With respect to the question of the assumed right of American fishermen to fish, under the provisions, or rather in spite of the provisions, of the Fisheries Convention in 1818, on all the coasts of the British North American Provinces, provided they do not approach within three miles of the land, Her Majesty's Government are glad to learn by your despatch that the views of the American Government appear to have undergone some change on that point, if not with regard to the assumed right itself, at least with regard to the utility which may result to American fishermen from the assertion of that right. Her Majesty's Government continue to maintain that under the provisions of the Convention of 1818 the United States Government clearly and distinctly renounced all right on the part of their countrymen to fish within three miles, not only of the coasts of the British Provinces, saving those specially excepted by treaty, but also of the bays, creeks, and harbours of those provinces, and from that view Her Majesty's Government cannot, under any circumstances, depart. You will not fail to remind the Government of the United States that all civilized nations in both hemispheres recognize as an undisputed point of international law, the jurisdiction, founded on territorial possession, of every nation over the waters in the immediate vicinity of its own coasts; and that in this respect the rights of Great Britain in no way depend upon, although they are expressly recognized and confirmed by the Treaty of 1818. And with reference to the practical adoption of this principle, I have to desire that you will at an early moment, inform me to what extent the United States Government assert, at this moment, an exclusive right and power over the large bays of the United States, such as Cape Cod Bay, the Sound, (Long Island), Delaware Bay, the Chesapeake Bay, and others of the same description. If however, as I have already intimated, the United States Government should be disposed to enter into a general negotiation for the adjustment of questions, commercial and other, which yet remain to be arranged between the two countries, and if as an element of adjustment the United States Government were to propose the concession of rights undoubtedly belonging to them against an equal concession of rights, undoubtedly belonging to Great Britain, Her Majesty's Government would in that case be quite willing to meet them in a liberal and conciliatory spirit on a wide field of negotiation. I am with great truth & regard, Sir, Your most obedient humble servant, JOHN F. CRAMPTON Esqre MALMESBURY. No. 114.-1852, September 24: Letter from the Earl of Malmesbury to Mr. Crampton. No. 90. FOREIGN OFFICE September 24. 1852. SIR, In your despatch No. 140 you state that Mr. Webster had allowed you to peruse the reports made to the United States Government by Mr. Abbott Lawrence of a conversation which he had held with me and Sir John Pakington upon the Fishery Question. It appears there from that Mr. Lawrence was under the impression that I had informed him that no seizures would be made of American vessels trespassing on British fisheries beyond three miles from the shore, and that he had reason to hope that you would be instructed to advise the Colonial authorities, and the Commanders of Her Majesty's ships not to make any seizures whatever during the present fishing season in order that American fishermen might "make up their fares" by fishing close in shore during the two ensuing months. As Mr. Lawrence appears to have totally misunderstood the tenor of my observations, it is necessary that I should inform you that I did not say that seizures would not be made beyond the three mile distance of the shore within bays, but I said that the President of the United States had proposed to you that Her Majesty's ships should abstain from making such seizures. Moreover no mention was made either by Mr. Lawrence Sir John Pakington, or myself, of permission to American fishermen to "make up their fares" by fishing close in shore for two months. On the contrary I repeatedly remarked that the intimation given by Her Majesty's Government to the United States left everything as to rights and instructions to Commanders in statu quo; that Her Majesty's Government claimed no new right, and laid down no new principle, nor did they abrogate any previous relaxation; that 198 the British proceeding was in fact one merely of police; but that we had specially enjoined upon Her Majesty's Officers forbearance and judgment in the execution of their instructions. You will take an opportunity of pointing out to Mr. Webster the misconceptions into which Mr. Lawrence has fallen with regard to the tenor and intent of my observations on the occasion in question. I am with great truth and regard Sir, Your most obedient humble servant, JOHN F. CRAMPTON Esqr MALMESBURY. No. 115.-1852, October 28: Letter from Mr. B. N. Norton, United States Consul for Pictou Dependency, to Sir A. Bannerman. CONSULATE OF THE UNITED STATES, Province of Nova Scotia, Pictou, October 28, 1852. SIR: Since my return from Charlotte Town, where I had the honour of an interview with your Excellency, my time has been so constantly employed in the discharge of official duties connected with the results of the late disastrous gale, so severely felt on the north side of Prince Edward Island, that I have not found time to make my acknowledgments to your Excellency for the kind and courteous reception extended to me at the Government-House, nor to furnish you with my views relative to some improvements which might be made by your Excellency's Government, thereby preventing a similar catastrophe to the one which has so lately befallen many of my countrymen; and at the same time on behalf of the Government of the United States, which I have the honour to represent, to thank you most feelingly for the promptness and energy displayed by your Excellency in issuing Proclamations, whereby the property of the poor shipwrecked mariner should be protected from pillage. These various duties devolving on me, I now have the pleasure of discharging, but only in a brief and hurried manner. The effect of the recent visitation of Providence, although most disastrous in its consequences, will yet result in much good. In the first place, it has afforded the means of knowing the extent and value of fisheries on your coast, the number of vessels and men employed and the immense benefit which would result to the people within your jurisdiction, as well as those of the United States, if the fishermen were allowed unrestrained liberty to fish in any portion of your waters, and permitted to land for the purpose of curing and packing. From remarks made by your Excellency, I am satisfied it is a subject which has secured your most matured reflection and consideration, and that it would be a source of pride and pleasure to your Excellency to carry into successful operation a measure fraught with so much interest to both countries. 2d. It has been satisfactorily proved, by the testimony of many of those who escaped from a watery grave in the late gales, that had there been beacon lights upon the two extreme points of the coast. extending a distance of 150 miles, scarcely any lives would have been lost, and but a small amount of property been sacrificed. And I am satisfied, from the opinion expressed by your Excellency, that the attention of your Government will be early called to the subject, and that but a brief period will elapse before the blessing of the hardy fishermen of New England, and your own industrious sons, will be gratefully returned for this most philanthropic effort to preserve life and property, and for which benefit every vessel should contribute its share of light-duty. 3rd. It has been the means of developing the capacity of many of your harbours, and exposing the dangers attending their entrance and the necessity of immediate steps being taken to place buoys in such prominent positions that the mariner would in perfect safety flee to them in case of necessity, with a knowledge that these guides would enable him to be sure of shelter and protection. From the desire manifested by your Excellency previous to my leaving Charlotte Town that I would freely express my views relative to the recent most melancholy disaster, and make such suggestions as might in my opinion have a tendency to prevent similar results, there is no occasion for my offering an apology for addressing you at this time. B. N. NORTON, United States Consul for Pictou Dependency. His Excellency Sir A. BANNERMAN, &c. &c. 199 I have, &c. No. 116.-1852, December 6: Extracts from Report of Mr. * FISHERIES OF LABRADOR. The coast of Labrador was partially explored by Jacques Cartier in 1534. He was beset with ice, and encountered many difficulties. Little was known of the country for a long period after the voyage of the French navigator. It has been said, however, that our codfishery was extensive in this region, not only previous to the Revolution, but in the early part of the last century. The statement I consider entirely erroneous. As I have examined the scattered and fragmentary accounts of Labrador, there is no proof whatever that its fishing grounds were occupied by our countrymen until after we became an independent people. In 1761 Sir Francis Bernard, who was then Governor of Massachusetts, wrote a brief "Account of the coast of Labrador," whichfound among some of his papers-is preserved in the Collections of the Massachusetts Historical Society. After some general remarks upon the country, and the ignorance that existed relative to the natives, he proceeds to say that, "What follows shall be a plain narration of facts, as I received them from several persons who have been on the Esquimeaux coast, with now and then a digression, which I hope may be pertinent." These persons appear to have been Captain Henry Atkins, of Boston, who made a voyage to Davis's Straits in the ship Whale in 1729, and who visited the coast a second time in 1758, and a captain Prebble, who was sent by Atkins in 1753. The baronet describes the course of affairs between Atkins and the Indians in 1729, and adds that he "is the more particular in this account from the captain's own mouth, as he thinks it plainly indicates that the natives on this coast and islands had never any trade or commerce with any civilized people from Europe or America; of course not with the French from Canada, or the Hudson's Bay factories." This is conclusive, especially if it be remembered that the object of Sir Francis was to collect information "for the advantage of future navigators." His memory was remarkable, and he himself said that he could repeat the whole of Shakespeare. Of course, this paper embraced everything that had been communicated to him. As late as 1761, then, it is not probable that fishermen of any flag had visited the waters of Labrador. An account of the origin of our own fishery there will be found in the proper place. Whoever examines the records of Congress will find that between February and August, 1779, the various questions connected with the fisheries were matters of the most earnest and continued debates, and of the most anxious solicitude. During the discussions upon a proposition to open a negotiation for peace, Mr. Gerry introduced the following resolutions. First: "That it is essential to the welfar of these United States that the inhabitants thereof, at the expiration of the war, should continue to enjoy the free and undisturbed exercise of their common right to fish on the Banks of Newfoundland, and the other fishing banks and seas of North America, preserv ing inviolate the treaties between France and the said States." Second: "That an explanatory article be prepared and sent to our minister plenipotentiary at the court of Versailles to be by him. presented to his Most Christian Majesty, whereby the said common right to the fisheries shall be more explicitly guaranteed to the inhabitants of these States than it already is by the treaties aforesaid." |