Labrador. And 3lly. That American fishermen shall also be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, and also of purchasing wood and obtaining water, under such restrictions only as might be necessary to prevent their taking, drying or curing fish therein, or abusing the privileges reserved to them." Such are the stipulations of the treaty, and they are believed to be too plain and explicit to leave room for doubt or misapprehension, or render the discussion of the respective rights of the two countries at this time necessary. Indeed it does not appear that any conflicting questions of right between them have as yet arisen out of differences of opinion regarding the true intent and meaning of the treaty. It appears, however, that in the actual application of the provisions of the convention, (committed on the part of Great Britain to the hands of subordinate agents, subject to and controlled by local legislation,) difficulties, growing out of individual acts, have unfortunately sprung up from time to time, among the most important of which have been recent seizures of American vessels for supposed violations of the treaty. These have been made, it is believed, under color of a provincial law of 6 William IV., chapter 8, 1836, passed doubtless with a view to restrict vigorously, if not intended to aim a fatal blow at the fisheries of the United States on the coasts of Newfoundland. It also appears, from information recently received by the government of the United States, that the provincial authorities assume a right to exclude the vessels of the United States from all their bays, (even including those of Fundy and Chaleurs,) and likewise to prohibit their approach within three miles of a line drawn from headland to headland, instead of from the indents of the shores of the provinces. They also assert the right of excluding them from British ports, unless in actual distress; warning them to depart, or get under weigh and leave harbor, whenever the provincial custom-house or British naval officer shall suppose that they have remained a reasonable time; and this without a full examination of the circumstances under which they may have entered the port. Now, the fishermen of the United States believe (and it would seem that they are right in their opinion, if uniform practice in any evidence of correct construction,) that they can with propriety take fish any where on the coasts of the British provinces, if not nearer than threc marine miles to land, and have the right to resort to their ports for shelter, wood and water; nor has this claim, it is believed, ever been seriously disputed, based as it is on the plain and obvious terms of the convention. Indeed, the main object of the treaty was not only to secure to American fishermen, is the pursuit of their employment, the right of fishing, but likewise to insure to them as large a proportion of the conveniences afforded by the neighboring coasts of British settlements, as might be reconcilable with the just rights and interests of British subjects, and the due administration of her Majesty's dominions. The construction therefore, which has been attempted to be put upon the stipulations of the treaty by the authorities of Nova Scotia, is directly in conflict with their object, and entirely subversive of the rights and interests of the citizens of the United States. It is one moreover, which would lead to the abandonment, to a great extent, of a highly important branch of American industry, which 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 information that in the House of Assembly of Nova Scotia during the session of 1839-'40, an address to her Majesty was voted, suggesting the extension 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 efforts, 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 her Majesty's dominions in America shall, together with her cargo, 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 intended to be proved against him, before any suit can be instistuted; and also prove that the notice has been given. The seizing officer, moreover, is almost wholly irresponsible, inasmuch as he is liable to no prosecution if the judge certifies that there was probable cause; and the plaintiff, if successful in his suit, is only to be entitled to two pence damages without costs, and the defendant 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 designed to enable her Majesty's authorities to seize and confiscate with impunity American vessels, and embezzle indiscriminately the property of American citizens 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 1813, 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 thoroughfare for vessels passing into and out of the Gulf of St. Lawrence. The union of the two colonies cannot, therefore, be admitted as vesting in the province the right to close a passage which has been freely and indisputably used by the citizens of the United States since the year 1783. It is impossible, moreover, to conceive how the use on the part of the United States of this right of passage, common, it is believed to all other nations, can in any manner conflict with the letter or spirit of the existing treaty stipulations. The undersigned would therefore fain hope that her Majesty's government will be disposed to meet, as far as practicable, the wishes of the American government, in accom plishing in the fullest and most liberal manner the objects which both governments had in view in entering into the conventional arrangement of 1818. He has accordingly been instructed to bring the whole subject under the consideration of her Majesty's government, and to remonstrate on the part of his government against the illegal and vexatious proceedings of the authorities of Nova Scotia against the citizens of the United States engaged in the fisheries, and to request that measures may be forthwith adopted by her Majesty's government to remedy the evils arising out of the misconstruction on the part of its provincial authorities of their conventional obligations, and prevent the possibility of the recurrence of similar acts. The undersigned renews to Lord Palmerston assurances of his distinguished consideration. A. STEVENSON. [Enclosure.] Lord Palmerston to Mr. Stevenson. FOREIGN OFFICE, April 2, 1841. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, has the honor to acknowledge the receipt of the note from Mr. Stevenson, Envoy Extraordinary and Minister Plenipotentiary from the United States of America, of the 27th ultimo, bringing under the notice of her Majesty's government certain proceedings of the colonial authorities of Nova Scotia in relation to the seizure and. interruption of the vessels and citizens of the United States, engaged in intercourse with the ports of Nova Scotia, and the prosecution of the fisheries on its neighboring coasts; and the undersigned has lost no time in referring Mr. Stevenson's representation to the Secretary of State for the Colonial Department. The undersigned has the honor to renew to Mr. Stevenson the assurances of his high consideration. PALMERSTON. * * [Extract.] Mr. Stevenson to Mr. Webster. LEGATION OF THE UNITED STATES, London, May 18, 1841. I also forward the copy of a second note from Lord Palmerston, relative to the fisheries and the intercourse of our vessels with Nova Scotia. [Enclosure ] Lord Palmerston to Mr. Stevenson. FOREIGN OFFICE, April 28, 1841. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, with reference to the note which he addressed to Mr. Stevenson, Envoy Extraordinary and Minister Plenipotentiary from the United States of America, dated the 2d instant, stating that he had referred to the Secretary of State for the Colonial Department, Mr. Stevenson's note of the 27th ultimo, respecting certain proceedings of the colonial authorities of Nova Scotia in relation to the seizure and interruption of the vessels and citizens of the United States of America engaged in intercourse with the ports of Nova Scotia, and in the prosecution of the fisheries on its neighboring coasts, has the honor to inform Mr. Stevenson, that he has since received from the Colonial Department a letter informing him that copies of the papers received from Mr. Stevenson would be forwarded to Lord Falkland, with instructions to inquire into the allegations contained therein, and to furnish a detailed report upon the subject. The undersigned has the honor to renew to Mr. Stevenson the assurances of his high consideration. PALMERSTON. [No. 49.] Mr. Upshur to Mr. Everett. DEPARTMENT OF STATE, SIR: I have the honor to transmit to you herewith, copies of a letter and accompanying papers relating to the seizure, on the 10th of May last, on the coast of Nova Scotia, by an officer of the provincial customs, of the American fishing schooner Washington, of Newburyport, Massachusetts, Cheny, master, for an alleged infraction of the stipulations of the convention of October 20, 1818, between the United States and Great Britain. Upon a reference to the files of the legation at London, you will find that this complaint is not the first of a similar character which has arisen out of the proceedings of the authorities of Nova Scotia under their construction of the convention, and that representations upon the subject have heretofore been made to the British government on behalf of American citizens, but, so far as this department is advised, without leading to a satisfactory result. For a full understanding of the whole question involved I would particularly point your attention to the instructions of this department to Mr. Stevenson, Nos. 71 and 89, of the respective dates of April 17, 1840, and February 20, 1841, and to the several despatches addressed by that minister to the Secretary of State, numbered 97, 99, 108, 120 and 124, during the years 1840 and 1841. I need not remark upon the importance to the negotiating interests of the United States of having a proper construction put upon the first article of the convention of 1818 by the parties to it. That which has hitherto obtained is believed to be the correct one. The obvious necessity of an authoritative intervention to put an end to proceedings on the part of the British colonial authorities, alike conflicting with their conventional obligations and ruinous to the fortunes and subversive of the rights of an cnterprising and deserving class of our fellow citizens, is too apparent to allow this government to doubt that the government of her Britannic Majesty will take efficient steps for the purpose. The President's confident expectation of an early and satisfactory adjustment of these difficulties is grounded upon his reliance on the sense of justice of the Queen's government, and on the fact that from the year 1818, the date of the convention, until some years after the enactment of the provincial law out of which these troubles have arisen, a practical construction has been given to the first article of that instrument which is firmly relied on as settling its meaning in favor of the rights of American citizens as claimed by the United States. I have, therefore, to request that you will present this subject again to the consideration of her Majesty's government by addressing a note to the British Secretary of State for Foreign Affairs, reminding him that the letter of Mr. Stevenson to Lord Palmerston remains unanswered, and informing him of the anxious desire of the President that proper means should be taken to prevent the possibility of a recurrence of any like cause of complaint. I am, sir, with great respect, your obedient servant, EDWARD EVERETT, Esq., &c., &c., &c. A. P. UPSHUR. [Enclosure.] BOSTON, May 23, 1843. SIR: I transmit herewith a memorial of the owner of an American fishing vessel which has, within a few days past, been seized by the authorities of Nova Scotia for an alleged violation of treaty stipulations. I learn that many of the fishing vessels of this State would be liable to seizure under the construction which has been adopted by the British authorities in the present instance. The early attention of our government to the subject is therefore earnestly desired by those who are engaged in this branch of business, and more especially by the memorialists whose property is immediately in jeopardy. I am, very respectfully, your obedient servant, Hon. H. S. LEGARE, Secretary of State, &c., &c. ROBERT C. WINTHROP. [Enclosure.] BOSTON, May 17, 1843. The undersigned, Charles Currier, of Newburyport, in the State of Massachusetts, respectfully represents that he is the owner of a schooner called the Washington, of and belonging to said Newburyport; on the 28th day of April last on a fishing cruise under the command of John C. Cheny as master, and manned by three seamen, of whom William Bragg, whose deposition accompanies this memorial, was one; that on the tenth day of the present month the said schooner, while her crew were engaged in taking fish at a place ten miles distant from the coast of Nova Scotia, was taken possession of by an officer of the provincial customs and taken into some port of the province of Nova Scotia, where she is still detained, and, as he has reason to apprehend, will be confiscated. The undersigned forwards herewith the |