Daily American telegraph., 1852-08-19
PRICE Q CENTS.

and the Gulf of st. Lawrence That Province
asserted at the same time that by the true
and lust construction of the convention of
1878, we were excluded from the British har-
bors and waters, except in case OF actual dis
tress and authorized the police to assume to
Judge absolutely what were cases OF distress,
and when the plea has been allowed long
enough; and declared it q cause of forfeiture,
also, when fisherman came in for wood
or water, if he could not show that he had
been we'll supplied when he left home. The
Province also declared it an abuse and ground
OF forfeiture, when our fishermen baited fish
within three miles from the shore, for the
purpose of tempting them out into the deep
sea; and also when they prepared, within three
miles of the shore, to fish outside those limts.
Moreover the Nova Scotia statute rendered it
almost impossible for q fisherman TO defend
Just cause. because it allowed only month in
which to prepare his defence, and cast the onals
probandi on the party libelled. Mr.. Stevenson,
and after him Mr. Everett, demonstrated with
the Imperial Government against this atrocous
act and insisted on the same construction of
the act we now demand. The Imperial Gov
erhment indulged desire to accommodate,
aud submitted such proposition to the Colo
nial authorities of Nova Scotia. That Colony
resisted rs | think did all the others; and
officers of the Crown on the construction of the
treaty in regard to all the points to which
have thus adyerted Those law officers con-
firmed oil the pretensions of the Nova Scotians,
| lust as | have described them. Under these
circumstances the British Government, declar-
ing their adherence to the construction given
by the law officers, yielded to the appeal Of the
United States 80 far as to grant as conces-.
sion, that the Bay of Fundy should be open to
the American fishermen, subject to the limita-
tion of not going within three miles OF the
shore, and they declined to coneede more. The
American minister, Mr. Everett, received this
not as o concession, but as a right. The British
minister insisted that it should be regarded not
as right, but as a concession.
So, the one party calling it a concession"
and the other insisting upon it as right"
the privilege of fishing, or the right to fish within
the Bay of Fundy, except within three miles OF
the shore, was admitted, and 80 has constituted
departure, in one instance and on one point,
from the rigorous construction otherwise peril
naciously adhered to by the Government Of
Great Britain.
Mr. Everett wrote on the 25th of March,
| 1845, thus:
II received a few days since, and herewith trans
init, note from Lord Aberdeen, containing the sats
factory intelligence that after reconsideration of the
subject, although tie Queens Government adhere to
the construction of tile coaue,tton aich hiey haps
alcays u.ai,stained, they hare still 10 the deter
nrinattom Of relaring from 1t, so far as to aiioW
american fishermen to pursue their avocations in the
BAY OF FUNDY'
What the British Government had thus con-
ceded as a relaxation, the Canadian authorities
still declared was unwise; and, although this
concession had been made, yet all that time as
well as ever since, the Provincial authorities
have insisted upon the technical and rigorous
construction Of the treaty, and the United States
upon the more liberal and Just one. The I'm
perial Government although it adopted and
has adhered to the Provincial construction, has
nevertheless always declined to maintain it
practically by force. Such have been the atti-
tudes of the three parties heretofore. Such
ore their attitudes now.
Now, sir, during all this time, and do not
know how long before, the Imperial Govern
ment has kept some naval force in those seas,
for the purpose of preventing encroachments
and abuses by American and French fishermen
and the Colonies have, ut all times, believe,
made some show of naval force for that pur-
pose, or on that pretext.
In the last year a new Administration
obtained the control of the Imperial Govern
mcnt, with the Earl Of Derby at its head. That
Administration was understood to favor the
principle of protection. The United States pay
considerable bounty to their fishermen-boun-
ties amounting to about $500, 600 a year-and
they impose duty of 20 per cent. on foreign
fish.
TO BE CONTINUED.