No. 260.
[Only the portion of these inclosures are transmitted herewith which
is necessary to the comprehension of the subsequent
correspondence.]
[Inclosure No. 5.—Confidential.]
Copy of a letter from the secretary of state for
the colonies to the lords of the admiralty.
Downing Street,
April 12, 1866.
My Lords: * * * * * Her Majesty’s
government are clearly of the opinion that by the convention of 1818
the United States have renounced the right of fishing, not only
within three miles of the colonial shores, but within three miles of
a line drawn across the mouth of any British bay or creek. But the
question, What is a British bay or creek? is one that has been the
occasion of difficulty in former times.
It is, therefore, at present, the wish of her Majesty’s government
neither to concede, nor, for the present, to enforce, any rights in
this respect which are, in their nature, open to any serious
question. Even before the conclusion of the reciprocity treaty, her
Majesty’s government had consented to forego the exercise of its
strict right to exclude American fishermen from the Bay of Fundy,
and they are of opinion that during the present season that right
should not be exercised in the body of the Bay of Fundy, and that
American fishermen should not be interfered with, either by notice
or otherwise, unless they are found within three miles of the shore,
or within three miles of a line drawn across the mouth of a bay or
creek which is less than ten geographical miles in width, in
conformity with the arrangement made with France in 1869.** American [Page 420] vessels found within these limits
should be warned that by engaging, or preparing to engage, in
fishing, they will be liable to forfeiture, and should receive the
notice to depart which is contemplated by the laws of Nova Scotia,
New Brunswick, and Prince Edward Island, if within the waters of one
of these colonies under circumstances of suspicion. But they should
not be carried into port except after willful and persevering
neglect of the warnings which they may have received; and in case it
should become necessary to proceed to forfeiture, cases should, if
possible, be selected for that extreme step in which the offense of
fishing has been committed within three miles of land.
Her Majesty’s government do not desire that the prohibition to enter
British bays should be generally insisted on, except when there is
reason to apprehend some substantial invasion of British rights.
And, in particular, they do not desire American vessels to be
prevented from navigating the Gut of Canso, (from which her
Majesty’s government are advised they may lawfully be excluded,)
unless it shall appear that this permission is used to the injury of
colonial fishermen, or for other improper objects.
I have it in command to make this communication to your lordships as
conveying the decision of her Majesty’s government on this
subject.
I have, &c.,
EDWARD CARDWELL.
