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dinary 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 1818, 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 accomplishing 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.

I am, sir, respectfully, your obedient servant,

DANIEL WEBSTER, ESQUIRE,

Secretary of State, Washington.

[Enclosure.]

A. STEVENSON.

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 re

ceived 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,
Washington, June 30, 1843.

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 enterprising 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 EVERITT, Esq., &c., &c., &c.

A. P. UPSHUR.

[Enclosure.]

Mr. Winthrop to Mr. Legaré.

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 mere especially by the memorialists whose property is immediately in jeopardy.

I am, very respectfully, your obedient servant,

Hon. II. S. LEGARE,

Secretary of State, &c., &c.

ROBERT C. WINTHROP.

[Enclosure.]

BOSTON, May 17, 1843.

I, William Bragg, of Seabrook, in the State of New Hampshire, on oath depose and say that, on the 28th day of April now last past, I sailed from Newburyport as a seaman in the schooner Washington, whereof John C. Cheney was master, said schooner bound upon a fishing excursion, there being four men all told on board said vessel, including the master; that the said master and crew fished from time to time between the coasts of Maine and Nova Scotia until the tenth day of the present month; that on the said last mentioned day, while engaged in taking fish at least ten miles from the coast of Nova Scotia, the said schooner was boarded by an officer employed in the British revenue service of the name of Darby, and taken possession of in the name of the British government, the said officer alleging that the place where we were fishing was within the bounds prohibited by treaty to American fishermen; that I, together with the other men belonging to the schooner, was then put on board a small vessel, and we were landed at a place near Digby; that the captain (Cheney) continued

on board the schooner, whether voluntarily or not I do not know, and when we left the schooner the British officer was in command thereof, and set sail with her for Yarmouth, in said Nova Scotia, to which place I have no doubt the schooner was carried under his command; that on the 11th instant, I and the other men of the schooner got passage from Digby in a vessel bound for Portsmouth, New Hampshire, at which place we arrived on the 15th instant. I further depose and say, that at no time while I was on board said schooner did we or any of us take or attempt to take fish within ten miles of the coast of Nova Scotia, New Brunswick, or of the islands belonging to either of those provinces; that the place where said schooner was taken possession of, as aforesaid, was opposite to a place on the coasts of Nova Scotia called Gulliver's-hole, and is distant from Annapolis-gut about fifteen miles, the said Gulliver's-hole being to the southwestward of said Annapolis gut.

WILLIAM BRAGG.

UNITED STATES OF AMERICA, STATE OF MASSACHUSETTS, 1 88.
County of Suffolk and City of Boston,

}**

On this 17th day of May, A. D. 1843, before me, John P. Bigelow, a notary public, duly constituted and sworn within and for said county and city, came the above William Bragg, and made oath that the statements by him above signed are true.

[L. S.] Witness my hand and notarial seal.

[Enclosure.]

JOHN P. BIGELOW,

Notary Public.

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 te apprehend, will be confiscated. The undersigned forwards herewith tho deposition of the said Bragg, and begs leave to refer to the same for a more particular account of the case. As your memorialist believes that the master and crew of said vessel had not been guilty of violating any treaty or engagement between Great Britain and the United States, he humbly prays that the government of the United States will, as soon as may be, take effectual measures to restore to him his property so seized, with compensation for damages and expenses occasioned by such seizure. CHARLES CURRIER.

To the Honorable HUGH S. LEGARE,

Acting Secretary of State for the United States.

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