New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-31

fne FOJsfe which tbty eDgsgeo ia scarcity OF
eh er Of these articles sr'ipg from design neglect
y opening BTnsh poru 70 any sdve 1surer
teeh Ds TO Coz uHvrte the isw.
The American Minister states 10 hts dispatch tbs, the
fishermen OF the Init Sstes believe that they can
with propristy pke fsh anywhere on the co.sts Of
The Brfsh Provinces not nearer than three marine
miles to land. Tbis from the general context % Mr..
Sevspsobs nste, evidently means wtnin thre~ mile. Of
the inoerts OF the shore the uniform pacice alluded
to BY thst gentleman is practice wheh mas always
been resisted BY ID. sutho les OF this Colony -tnough
i difficult With an extended cosr, ami insdeauste
means Of prot otor, entirely 10 suppressh
sr. Stevenson goes On to say, that the coparucuon
which has been attempted 10 be put upos the svpds-
Of TIE Tresiy by the au ries Of Noys Scotia,
10 directly in conflict with tneir object aud enarsn
subversve Of the rigtts and Interests OF the e<en
u the Uuitsd States sgain, that som- OF
the pruvODs Of her code Of the most extraordinary
character and towards the ccncus' n, INST SINE oi
these rules and regulations are violations ~ th7 vel
esabisi Cd principles Of the eommon Aw oi Engal
md OF the principles e lust laws Of all civilized "a
ops spd woul sser 20 hsve been designed % ensAic
Her Msjesys authorities 70 Seze sud cooi'eaie win
mpuny American ve.ses, and embezzle, indiscriri.
ustey, the properly OF AM mean czeps emplOyec n
the hsb-ries on IL coast OF the Brh Provinces THIS
very suoug language, AID II justly applicable a. AL
l. applicable the statute %, Geo III posed one yes'
after The gIiDg OF the Convention and with the exyreE
design of carrying out lis prov,lons follow. Add
It shall Lot be lawful for any pefson or person.. nOt
beI paturAl born subjects VI His Ms esty IN any foreign
chip, vessel or boat, other than such as shall be
LhflgbieC according 70 the law OF toe Ditru Ming
dom Of Great Britain end ireland. 10 ish for. or
10 take. dry or cure hsh Of any kind Whatever,
within three marine miles OF any coasts, bays
:reeks or bsrbors whAtever, in any part Of
He hsjestys domiI ions 10 America, not in
cludcd within the Unite specified and described In
he bnt arucle Of the said Convention, and
ihN II cry suco foreign ship or vessel or any yer.
on board thereof, shall be found fishing, or pre-
ysIi within such distance OF such coasts, bays,
r-As ,r bsrhors within such parts OF the aforesaid
d-n ,Di1Ls H. America out OF the said lni,'
.fJ sad q such chips vessels or bOas together With
th-r csTgoe and guns apmuni,iC tackle, apparel and
.ors tn. h. ioIritsd, ana snail and msy De- eiz g,
k.u sued tor prosecuted, recovered aad con .emned
by uch sId tre Ike wsys, means and methods, sod In
ihr courts as ships vessels, ana boa may be sn
denu,d for any oeuse against Any laws rel og 10 the
RevtLue of CUSTOM 81. Thus. the sery words pre-
psIrc b. feb" 60 strongly snimsdverted Oh by Mr.
Spvepson, are copied from an Imperial Act wbcn has
beeu trnykree years. IN force, aud Which, inssmuch a.
has reen 10 American interests OF the greatest I'm
pOrisncf. aud sprung out Of COnvsntiOa concluded
nh view 10 the establishments OF hose interas uid
rot bU' b. well known the United States Govern ment
The sth sect D of 6, Wm. w. which provides that |
the owl er OF the vessel seized shall held ~ prove his
innocence does involve the payment Of uebe
IN nj failure; aud SIR Stevenson Is, sm assured
by the Crown officers here, In error, With respect 10
ibt int rpreistion be- Ia, given TO
Mr. Stevenson objects 10 the seizing officer being
liable 10 prosecution, If the Judge certihes thai
here Is probable Gauss OF SEIZURE and complains that
the plaintiff II successful in bis suit sony entitled 10
woper c. damages, without costs, and the defendant
IAN be rr ed no more than shilling THIS IL 40 I'm
ertect stsen Of the clause, nssmuch as the plain
i'll IL entitled 10 recover the value e. bis goods but Ia
probable 10 certined, De only, in add.
ion, recover two.ptnce damages.
The Province bss however, transcribed from the I'M
oeisl Statute Of 9th Geo cap. IA, Quilted An Act
reeulaiet the Trade Of the Bsh possessions broad
nd therefore, II be In reality vOiston a u well
PRINCIPLES of the common Law ot England
nd Of the primo pies OF the ust Ia IS ~ az cvEizsd IA
ions has long been submitted 10 by British subjects,
nd could not have been designed by the Assembly OF
Nova Scotia "to enable Her Maje,tys authorities 70
eize ana confscate with impuny, American vessels,
M eube zzl- indiscriminstey, the property Of Amen
;sn citizen" -
Her Msesys exclusive property and dominion in the
strait OF Capo Is deemed maintsinable upon the prin
pts of inter aiional law ali eady referred TO- and
= Lcb i is considered will equally apply, whether the
shores sch sde torn pars Of the same Province, or
li different Provinces belonging 10 Her Majesty. ibis
Strait very narrow not exceeding, IN some part one
mile in bTescih as TO be the Admiralty chart;
aud lie navigator is NOT necessary for communication
ith the space hey Dd which may be reached by going
rouud The Island Of Cape Breton
Having noticed successfully the allegations OF the
meicsn Minister may be permitted 70 make one or |
wo remarks the general tenor OF III. Excellencys
muuHicatiou which goes 20 charge the LEGISLATURE
81 Nova Scotia with design 10 subvert the rshts and
interests Of American citizens In contTavenuOn OF the
Treaty Of ISIS IL appears TO me that the Provincial
a'ure not be- accused Of any such Intention IL
manifest that uehheI the statute oil tue Imperial fA'
lament nor that OF the Colonial Legislature extend
he terms Of the Treaty itself or render them more
comprehensive Its true cOnst uctun, according 10 the
sw oi Lstons, ust govern thCse u De ssceo oy y,
nd coorists aware of this, and cOnceivng themselves
wrCpged BY the Interpretation given 10 toe Treaty oy
heir IeehbOr OF the United safes have org been, aDd
new are anxious % Obbn the opinion OF the most emil
eni uisis on the subject not seeking for any forced
construction Of the Treaty 10 give them privileges not
cnIfuploted at It's execution, but merely 10 protect
lhenstv from that which, be they right or wroag
they deem an infringement OF their ngoIs Iae
81 l...fu laFt0ra ri N
natter appears TO prove this 10 the laws which they
oaye sde for the protection o their fisheries which IN
more extensive than the Imperial statute,
- Geo 3 there only nothing new, but they have
sSCred have shown, to adopt ell occasions
nr principles Of Imperial legislation, and have copied
the words Of Imperial Acts.
have now trust established that the interprets-
tic uut Oh the Treaty By the uhabtants of Novs5eota
incorrect they sincere In their belief OF
he justice and truth vi that interp eatioa and most
lIslCus have il tested by capable authorities and
Their that if the lave passed by the Provincial Less
stuTe are really of the oppressive nature tney are
asserted 70 be By Mr. Stevenson they eoscIed 10 the
belief that the trainers of them were doing nothing
Than carrying out tue views OF the Home Govern
M IT. ~ 10 the mode 10 which the Colsusts should
protect their own dearest Interests.
Tie Lord John Resell, &c, &c
DOWNING at, oath Nov, ls42
My LORD: have the h nor 10 acknowledge the re-
cfp of your LOroshps Dispatch Of the lth July last
IL closing copies q I~O reports made by Committees OF
The House Of Assembly Of Nova Scotia, complaining Of
ne encroacbmnts OF American citizens the fisheries
o. Bridsb North America, ana pray the establishment
u general cooe otregustiOps Tor thsr prss 0tioo,o
G. th.r with copy OF prepared ~ you in April
lsil to be submit TO Her Ma.sty's Law Officers,
ibslDg cersin questions to the rights Of Fishery con-
iered by tie Treaties on the subject ON British and
American Fishermen respectively. Dclose for your
Inform spoD, copy OF the Report which on the Both
August vas received from toe Queens Advocate, and
htr Majesty Attorney GENERAL On the case drawn NJ