Statutes Vol. I, page 262-Your Lordship will observe that the 6th sectn. of this Act empowers the Governor in Council to make Regulations for the management or protection of the fisheries: this power however has only been exercised in one instance, viz. for the 1ulation of the fisheries belonging to the County of Northumberland. But by C. 64. Title 8. of the Revised Statutes Vol. I. page 147, the Justices in Sessions of each county in the Province are invested with the power to make Regulations for the regulation of the fisheries and of seines, nets and fish weirs within the harbours as well as rivers belonging to their respective counties," and Regulations of this nature have frequently been issued, and are now in existence, and have the force of law. I am not as yet in a position to furnish your Lordship with the particulars of all these Regulations, but I hope to be able y the next mail to send to your Lordship a complete set of all the Laws, Byelaws and Regulations, respecting the fisheries of this Province. It is impossible to expect that either the fishermen or even the Government of the United States should be aware of the nature of the local Regulations on this subject, even if they are cognisant of the provisions of Provincial Statutes; and I therefore take the liberty of submitting to your Lordship whether it might not be desirable that I should receive instructions to forward to Her Majesty's Minister at Washington, copies of these Laws and Regulations as well as copies of any other Regulations of a similar character, which may be hereafter issued. I have the honor to be your Lordship's most obedient humble servant J. H. T. MANNERS SUTTON Right Honourable Lord John Russell. M. P. &c &c &c 205 No. 121.-1855, May 25: Letter from Lord John Russell (British Colonial Secretary) to Lieutenant-Governor of New Brunswick. DOWNING STREET, 25th May 1855. SIR, I beg to acknowledge the receipt of your despatch No. 38 of the 5th. instant and to transmit to you five copies of the Laws and Regulations in force in the British North American Provinces with reference to the Fisheries. I concur in your opinion that it is very desirable that these Laws should be communicated to Her Majesty's Minister at Washington, in the event of that Officer not being already in possession of them; and it will further be desirable that you should transmit to Mr. Crampton and also to this Department copies of any other Regulations respecting the Fisheries which may have been framed subsequently to those in this collection, or may hereafter be framed. I have the honor to be Sir, Your most obedient humble servant, J. RUSSELL. &c &c &c Lieut: Governor the Honble. J. H. T. MANNERS SUTTON No. 122.-1855, June 16: Letter from Mr. Manners Sutton (Lieutenant-Governor of New Brunswick) to Mr. Crampton (British Minister at Washington). Private GOVT HOUSE FREDERICTON N. BRUNSWICK June 16th 1855. SIR, I have the honor to inform yr. Ex: that I have received instructions from H.M's Govt to transmit to yr Ex, copies of all the laws & regulations, whether statutory or local, which affect the outside fisheries, & the fisheries in the harbors, of this province. The statutory regulations are contained in one Act: ch: 101-title 22: of the Revised Statutes of New Brunswick. The local regulations, are of two different kinds-1stly those, which, under the provisions of the 6th seen of the Act: referred to, have been made by the Governor in Council; & 2ly those which the Justices in Session of the respective counties are empowered, by the Provincial Act-ch: 64 title 8: of the Revised Statutes to make for the govt of fisheries within the rivers & harbors of the several counties. The local regulations of the last mentioned description, altho' issued in many counties, & having the force of law, were not included in the collection, published from H.M's Stationery Office in 1853, because, as appears from a despatch from Sir E. Head to the Duke of Newcastle, which is printed in page 37 of that paper, of which yr Ex no doubt has a copy, these regulations were at the time considered to be immaterial, inasmuch as they do not affect the outside fisheries.—But yr Ex: will observe that they do, in some instances at least, affect the fisheries in the harbors of this province, which are now thrown open to the fishermen of the U.S. as well as the river fisheries, which are reserved to H.M's subjects. Considerable anxiety is felt & expressed here, lest the rules, which have been deemed necessary for the preservation of the fisheries of the province, & by which the fishermen of the province are themselves bound, may be disregarded by those who are now admitted to an equal participation with them in the fisheries; but yr Ex: may feel assured that there is no disposition, either on the part of the Provincial Authorities or of the fishermen themselves to deprive the citizens of the U.S. of the full benefit of that Article of the Treaty of Reciprocity, by which the U.S. fishermen enjoy in common with H.M's subjects the right of fishing both on the outside fishing grounds & in the harbors of this province. I have &c (Signed) J. H. T. MANNERS SUTTON &c &c &c J. F. CRAMPTON ESQRE No. 123.-1855, June 27: Letter from Mr. Crampton to Mr. Manners Sutton (the Lieutenant Governor of New Brunswick). WASHINGTON June 27th 1855 SIR, I have to acknowledge the receipt of Your Excellency's despatch of the 16th instant, respecting the laws and regulations which affect the fisheries of the Province of New Brunswick. I have, to 206 day, communicated with the Secretary of State of the United States upon this subject, and suggested the expediency of adopting some means of making American citizens, concerned in the prosecution of the fisheries, acquainted with these laws and regulations. Mr. Marcy entirely concurs with me in the opinion that such a measure would be calculated to prevent the occurrence of any misunderstanding on the part of American fishermen, who may now resort to New Brunswick for the purpose of exercising their newly acquired rights under the Treaty of Reciprocity, and proposes that, after the documents-with which Your Excellency is about to furnish me-shall have been examined by him, and shall have been found, as he doubts not will be the case, to contain no provisions inconsistent with the full enjoyment of the American citizens of the rights of fishing secured them by the Treaty, and to direct the "Collectors of the United States' Customs" to furnish copies of the same to the masters of all the vessels clearing from American ports to the British fisheries. I will observe that I am not in possession of the collection of documents published from Her Majesty's Stationery Office in 1853, to which Your Excellency alludes, and that I should consequently feel obliged, should your Excellency be so kind as to furnish me with a copy of the collection. I have, &c., (Signed) H.E. The Honble J. H. T. MANNERS SUTTON JOHN F. CRAMPTON. &c &c &c No. 124.-1855, June: Letter from Mr. Crampton to the Earl of Clarendon (British Foreign Secretary). No. 129. WASHINGTON June 1855 MY LORD-I have the honour to enclose the copy of a letter which I have received from the Lieutenant Governor of New Brunswick regarding the laws & local regulations, affecting the fisheries of that Province; & I have also the honour to enclose a copy of my reply to His Excellency's communication.— Your Lordship will perceive that it is Mr. Manners' Sutton's object, to prevent the occurrence of disputes between provincial & American fishermen; arising out of violations, by the latter, of those laws & local regulations by which the fishermen of New Brunswick are bound. I have thought this a subject of sufficient importance to bring it under the attention of the Government of the United States, with a view to the adoption of such measures as may, as much as possible, prevent the occurrence of any misunderstanding on the part of American citizens, who, in the exercise of their newly acquired right under the Reciprocity Treaty, may resort to the fisheries of New Brunswick. I found every disposition on Mr. Marcy's part to concur with the British provincial authorities in the adoption of any measures of precaution by which the chances of collision between the fishermen of the two countries may be diminished; & with this view it is proposed that the masters of American fishing vessels, clearing for the fisheries of New Brunswick, shall be furnished with printed copies of the laws & regulations in question it being understood that these shall contain nothing inconsistent with the unrestricted exercise, by American citizens of the rights secured to them by the Reciprocity Treaty. I have thought it right to bring this matter under the immediate attention of the Governor General of Canada, & the LieutenantGovernors of Nova Scotia, & Prince Edward Island, with a view to the adoption of a similar arrangement, in regard, to the fisheries of those provinces, to that now proposed, in regard, to the fisheries. of New Brunswick;-& I have the honour to enclose herewith the copy of a letter which I have addressed to their Excellencies for that purpose. I have the honour to be with the highest respect-My Lord, JOHN F CRAMPTON The Right Honbl. The EARL OF CLARENDON-K.G. &c &c &c No. 125.-1855, June 28: Letter from Mr. Crampton to the GovernorGeneral of Canada. WASHINGTON, June 28, 1855. SIR, With a view to preclude the possibility of misunderstanding on the part of citizens of the United States who may in the exercise of the rights secured to them by the Reciprocity Treaty resort to the fisheries on the coasts of Canada, I have the honour to suggest 207 to your Excellency that I should be furnished with authentic copies of such laws and local regulations as may have been adopted by the Legislature or other competent authority of the Provinces of Canada, for the preservation of the fisheries in harbours for similar purposes, in order that the same may be communicated to the Government of the United States with a view to their being made known by them to American citizens concerned in the fisheries. Copies of the laws and regulations of the Province of New Brunswick relating to the fisheries have already been communicated to me by the Lieutenant-Governor of that province, and I find every disposition on the part of the Government of the United States to cooperate with the British provincial authorities, in such measures as may diminish the chance of disputes arising between the fisheries of the two countries. With this view it is proposed by the American Secretary of State to instruct United States' Collectors of Customs to furnish printed copies of the laws and regulations in question to the masters of all vessels clearing from American ports to the British fisheries. It is of course understood that these laws and regulations shall contain no provisions at variance with the stipulations of the Reciprocity Treaty by which the right of participating in the British fisheries is secured to American citizens. I have, &c., JOHN F. CRAMPTON. No. 126.-1855, July 12: Circular addressed by Mr. Marcy, United States Secretary of State to the Collector of Customs. CH. H. PEASLEE Esqre Collector of the Customs Circular Boston. DEPARTMENT OF STATE, Washington, July 12, 1855. SIR, It is understood that there are certain Acts of the British North American Colonial Legislatures, and also, perhaps, Executive Regulations, intended to prevent the wanton destruction of the fish which frequent the coasts of the Colonies and injuries to the fishing thereon. There is nothing in the Reciprocity Treaty between the United States and Great Britain which stipulates for the observance of these regulations by our fishermen; yet, as it is presumed, they have been framed with a view to prevent injuries to the fisheries, in which our fishermen now have an equal interest with those of Great Britain, it is deemed reasonable and desirable that both should pay a like respect to those regulations, which were designed to preserve and increase the productiveness and prosperity of the fisheries themselves. It is, consequently, earnestly recommended to our citizens to direct their proceedings accordingly. You will make this recommendation known to the masters of such fishing vessels as belong to your port, in such manner as you may deem most advisable. I am, &c., It is believed that the principal regulations referred to above are the following, from the Revised Statutes of New Brunswick, Vol. I, Title 22, chap. 101: 7. The Wardens of any county shall, when necessary, mark out and designate in proper positions "gurry grounds" putting up notices thereof, describing their limits and position, in the several school houses and other most public places in the parish where the said gurry grounds are marked out, publishing the like notice in the "Royal Gazette"; and no person after such posting and publication shall cast overboard from any boat or vessel the offal of fish into the waters at or near the said parish at any place except the said gurry grounds. 12. Within the parishes of Grand Manan, West Isles, Campo Bello, Pennfield, and St. George, in the County of Charlotte, no seine or net shall be set across the mouth of any haven, river, creek, or harbour, nor in any place extending more than one-third the distance across the same, or be within 40 fathoms of each other, nor shall they be set within 20 fathoms of the shore at low water mark. 15. No herrings shall be taken between the 15th of July and 15th October in any year, on the spawning ground at the southern head of Grand Manan, to commence at the eastern part of Seal Cove, at a place known as Red Point; thence extending westerly along the coast and around the southern head of Bradford's Cove, about five miles, and extending one mile from the shore; all nets or engines used for catching herring on the said ground within that period shall be seized and forfeited, and every person engaged in using the same shall be guilty of a misdemeanour and punished accordingly 208 No. 127.-1855, August 7: Letter from Mr. Crampton to the No. 163. WASHINGTON August 7th 1855. MY LORD, With reference to my despatch No 129 of the 28th of June last, stating to your Lordship the measures which I had taken for effecting such an arrangement with the Government of the United |