The Express.
London, England, 1852-08-14 00:00:00

_ .e following legal opinion respecting the interpretation
of the Treaty of 1818 was given by the Queen's law officers,
the Advocate and the Attonity-Oeneral, in compliance
with • requisition on this subject made by Lord Palmer-
ston in 1841:
Query I. In obedience to your lordship's commando, we
have taken these papers into consideration, and have the
honour to report that we are of opinion that the treaty of
1783 was annulled by the war of 1812 ; and we are also of
*sloe that the rights of fishery of the United States
lIIMISi now be considered as dellaed and regulated by the
Owegestlon of 1818, and wish respect to the general quo-
ilen, if so what right ?" we can only refer to the terms of
**Convention as explained and elucidated by the ob-
mentions which will occur in answering the other specific
queries.
2. Except within certain defined limits, to which the
query put to us does not apply, we are of opinion that, by
the terms of the treaty, American citizen' are excluded
from the right of fishing within three miles of the coast of
British America ; and that the prescribed distance of three
miles is to be measured from the headlands or extreme
points of land next the nee of the coast, or of the en-
trance of the bays, and not from the interior of such
bays or inlets of the coast, and, consequently, that no
right exists on the part of Anifrican citizens to enter the
bays of Nova Scotia, there to take fish, although the fish-
. Big beiag within the bay may be at a greater distance than
ewe wee from the Phones of the bay, as we are of opt-
Win that the term headland is used in the treaty to
opal the part of the land we have before naentioned,
the interior of the bays and inlets of the asst.
hp, treaty of 1818, it is agreed that Amulet& ,
Alma should have the liberty of fishing in the Gulf et'
IX Lawrence, within certain definer& limits in comma
with British subjects, and such treaty dots not contain any
words negativing the right to navigate the passage of the
Omni Cane°, and therefore it may be conceded that such
right of navigation it not taken sway by that convention ;
bet we have now attentively considered the course of nail-
potion to the gulf by Cape Breton, and likewise the ca-
pacity and situation of the passage of Canso and of the Bri-
tish .dominions oneither aide : and we are of opinion that
iodepeadently el tresty no foreign country has the right to
nu sr navigate the passage of Canso; and attending to the
Prim a the convention relating to the liberty of fishery to
be rifted by the Americans, we are also of opinion that
that genvention did not either expressly or by implication
CONS& any such right of wino; or navigating the passage
in qweetion. We are also of opinion that casting bait to
law lit in the track of any American vessels navigating
the pow would constitute • fishing within the negative
enure the convention.
6. With reference to the claim of a right to land on the
Magdalen Islands, and to fish from the shores thereof, it
must be observed, that by the treaty, the liberty of dry tag
and curing fish (purposes which could only be accomplished
by landing) in any of the unsettled bays. &e., of the
southern part of Newfoundland, and of the cant of Labia.
der, is specifically provided for; but such privilege le die-
Ihetly negatived in any settled bay, &c ' • and It mug
therefore be inferred that if the liberty of landing on the
shores of the Magdalen Islands had ken intended to be
eineeded, such an important concession would have bee.
the essbject of express stipulation, and would n
hams been accompanied with a description of the
indent of the short over which such liberty was
to be exercised, and whether in settled or unsettled
part* ; hut neither of these important particulera
are provided for even by implication, and that,
among other considerations, leads us to the conclusion
that American citizens have mi right to land or conduit
the fishery from the shores of the Magdalen Islands. The
word "shore" does not appear to be used in the conven-
tion in any other than the general or ordinary sense of the
wad, rod must be construed with reference to the liberty
Oahe exercised upon it, and would therefore compromise
the hod covered with water, as far as could be available Ike
Am dam enjoyment of the liberty granted.
6. By the convention the liberty of entering the bays
end harbours of Nova Scotia for the purpose of porches*,
weed and obtaining weer is conceded in general wives, a
weedeted by any condition expressed or implied limitias
M easels duly provided at the eornmeuennent of the
voyage • and we are of opinion that no such condition asbe attached to the enjoyment of the liberty.
7. The rights of fishery ceded to the citizens of the
Cnited States, and those reserved for the exclusive eajoy-
meat of British subjects, depend altogether upon tho con-
vention of 1818, the only existing treaty on this subject be-
tween the two countries ; and the material points rising
thereon have been specifically answered in our replies to
the preceding queries.—We have, &c.,
(Signed) J. Donor.
Tune, WILDS. I
Viscount Palmerton, K. 8., &c. &c.