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repeat that the orders under which Her Majesty's ships act are of the most moderate character: and Mr. Crampton has my permission to describe them more particularly, if he finds it desirable to do so.

8. At the same time there can be no doubt that the circumstances are of a grave nature, and that the presence of a foreign squadron to protect fishing-vessels, among which a disposition to offer forcible resistance to our small cruizers exists, involves contingencies which demand the earliest attention of Her Majesty's Government.

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9. The Princeton," "Fulton," and "Rescue," steamers, under the orders of Commodore Shubrick, were some days since on the point of leaving Portsmouth, in New Hampshire, for the fishing-grounds, and the "Decatur " corvette left Boston for the same destination on the 15th instant.

10. I have therefore deemed it necessary to make an addition to the vessels in the Gulf of St. Lawrence, which only consisted, at the time the American Government ordered this demonstration of force, of the "Basilisk" steam-sloop and two tenders; and as the "Leander " was at Quebec during Lord Ellesmere's absence at New York, I ordered Captain King down the river to Chaleur by electric telegraph on the 14th instant, and the "Devastation" will sail from Picton [Pictou] to join Captain King on the 23rd.

11. I am very desirous to withdraw the "Leander " from this service, to replace her at Lord Ellesmere's disposal. I have not hitherto deemed it expedient to move the " Cumberland," as the measure would indicate my thinking force indispensable; and 160 men are absent in tenders.

203

12. In considering the reply I should address to Mr. Marcy's proposal, I have had the advantage of unreserved communications with Mr. Crampton, who in no degree differed from the view I entertained, that any agreement to it required the concurrence of Her Majesty's Government; and as Mr. Crampton communicated his conversation with Mr. Marcy of the 2nd instant, to Her Majesty's Secretary of State for Foreign Affairs, by the mail which left Halifax on the 9th instant, I am in hopes that I may receive, early in August, any directions for my conduct which Her Majesty's Government may deem necessary; and in the interim I shall continue to use my best endeavours to prevent the affairs assuming additional difficulty.

I have, &c.

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P. S. 9 A. M. Since writing the above, I have received a telegraphic despatch from Mr. Crampton at Washington, to the effect that both the President and Mr. Marcy disclaim all idea of menace, and that Commodore Shubrick is especially enjoined to come to see me before going to the fishing-ground, which I hope may lessen the difficulties I anticipated from United States ships of war proceeding to the Gulf of St. Lawrence. The message is dated this day.

G. F. S.

No. 119.-1854, February 6: Letter from Mr. Crampton to the Earl of Clarendon (British Foreign Secretary).

(No. 29.) WASHINGTON, February 6, 1854. MY LORD, I have the honour to enclose the copy of a message from the President to the House of Representatives of the United States,

transmitting, in answer to a resolution of the House, a letter from the Secretary of the Navy, accompanied by copies of "the correspondence with, and various orders which have been issued during the past year to, the officers of the United States Navy commanding vessels on the coast of British North America, for the purpose of protecting the rights of fishing and navigation secured to citizens of the United States under Treaties with Great Britain."

Among these papers I would particularly call your Lordship's attention to the letter from Mr. Secretary Dobbin to Commodore Shubrick, dated the 14th of July last, because it professes to put Commodore Shubrick in possession of the past history of the controversies and Treaties between the United States and Great Britain in regard to the Fishery questions, as well as the views entertained by the present Administration of the United States.

I have already had occasion to remark upon the unsoundness of the arguments by which it has been attempted to invalidate the construction of the Convention of 1818, held by Her Majesty's Government in regard to the meaning of the word "bays" in the first Article; and from the confidence with which the American doctrine on this subject has been re-asserted, more especially in the President's message on the opening of the present Congress in December last, I had expected that some additional, if not more plausible, argument in its support would have been adduced.

Your Lordship will, however, perceive from a perusal of Mr. Dobbin's letter that nothing of the sort has been attempted.

Mr. Dobbin contents himself with stating that the American Government contend that American fishermen have a right to enter and fish in any of the bays, which indent the shores in question, "provided they never approach for the purpose of taking fish, within three marine miles of the coasts by which such bays are encompassed,' without alleging any reason for so manifest a departure from the obvious meaning of the words of the Convention, or seeming to perceive that the adoption of his construction would render the insertion in the Convention, after the word "coasts," of the words "bays, creeks, and harbours," inexplicable, or leave them without any meaning whatever, a position inadmissible according to the invariably received canons of legal construction.

Appearing, however, to feel that so manifest a departure from the grammatical sense of the words of the provision in question requires some support, he endeavours to obtain it from a reference to the succeeding provision of the Convention, the true tenor of which it is evident he does not understand. This provision authorizes American fishermen "to enter such bays, creeks, and harbours," that is, those described in the preceding clause, " for the purpose of shelter, and repairing damages therein, of purchasing wood and obtaining water, and for no other purpose whatever; " and Mr. Dobbin states that the President is further of opinion that this clause precludes the idea that the Convention alludes to large open bays, because these would afford little better shelter than the open sea.'

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It is difficult to conceive under what impression the President can suppose that the word "bays" must therefore be restricted to narrow small bays and harbours. For it is clear that the permission contained in the proviso applies, for the purposes therein enumerated,

to all bays, creeks, or harbours whatever named in the Treaty, without any restriction as to distance from the shore; and consequently can have no reference whatever to their dimensions, or in any way modify the sense of the words of the preceding clause of this Article.

204 I have much satisfaction in calling your Lordship's attention to the letter from Mr. Louis A. Kimberley of the United States Navy, to Captain Whittle, dated August 30, 1853 (page 26), being one of the papers accompanying Mr. Dobbin's report, which contains an account of the humane and gallant exertions of that officer and his boat's crew, in saving the officers and crew of the British vessel" Cleopatra," under circumstances of great danger and difficulty. I have, &c.

(Signed)

JOHN F. CRAMPTON.

No. 120.-1855, May 5: Letter from Lieutenant-Governor of New Brunswick to Lord John Russell (British Colonial Secretary).

No. 38

GOVERNMENT HOUSE, FREDERICTON NEW BRUNSWICK,

May 5th, 1855.

MY LORD: Although the Treaty recently concluded between Her Majesty and the United States of America has been for some months in full operation, so far as it affects the commercial intercourse between this Province and the United States, yet, as the fishing season of last year was at an end before this Treaty was carried into effect, and the season for the present year has not commenced, that part of the Treaty which relates to the fisheries has hitherto been, and still is practically in abeyance.

The period however is now rapidly approaching, when the fishermen of this Province will recommence operations; and I do not doubt that large numbers of the United States fishermen will hasten to avail themselves of the rights, which they possess under the Treaty to which I have referred.

The readiness with which an Act was passed by the Provincial Legislature to carry this Treaty fully into effect in this Province is of itself a sufficient proof that there is no disposition here to exclude the citizens of the United States from the practical enjoyment of all the rights conferred on them by the Treaty; and I have no ground whatever for believing that the fishermen of the Province are inclined to obstruct the full exercise of these rights, provided that the Laws and Regulations, by which they are themselves bound, are likewise cbserved by the fishermen from the United States.

But should the United States fishermen from ignorance or from any other cause violate or disregard these Laws and Regulations, a different feeling might probably arise, and there would be reason to apprehend dissatisfaction among the fishermen of this Province, and a renewal of misunderstandings and disputes between Her Majesty's subjects and the citizens of the United States, the prevention of which, as appears from the preamble of the Treaty, was one of the principal objects of that Treaty.

The general statutory regulations respecting the fisheries of New Brunswick are contained in one Act, C. 101. Title. 22. of the Revised

Statutes Vol. I, page 262-Your Lordship will observe that the 6th sectn. of this Act empowers the Governor in Council to make Regulations for the management or protection of the fisheries: this power however has only been exercised in one instance, viz. for the 1ulation of the fisheries belonging to the County of Northumberland.

But by C. 64. Title 8. of the Revised Statutes Vol. I. page 147, the Justices in Sessions of each county in the Province are invested with the power to make Regulations for the regulation of the fisheries and of seines, nets and fish weirs within the harbours as well as rivers belonging to their resp ive counties," and Regulations of this nature have frequently been issued, and are now in existence, and have the force of law.

I am not as yet in a position to furnish your Lordship with the particulars of all these Regulations, but I hope to be able y the next mail to send to your Lordship a complete set of all the Laws, Byelaws and Regulations, respecting the fisheries of this Province.

It is impossible to expect that either the fishermen or even the Government of the United States should be aware of the nature of the local Regulations on this subject, even if they are cognisant of the provisions of Provincial Statutes; and I therefore take the liberty of submitting to your Lordship whether it might not be desirable that I should receive instructions to forward to Her Majesty's Minister at Washington, copies of these Laws and Regulations as well as copies of any other Regulations of a similar character, which may be hereafter issued.

I have the honor to be your Lordship's most obedient humble J. H. T. MANNERS SUTTON

servant

Right Honourable Lord John Russell. M. P. &c &c &c

205

No. 121.-1855, May 25: Letter from Lord John Russell (Brit-
ish Colonial Secretary) to Lieutenant-Governor of New
Brunswick.
DOWNING STREET, 25th May 1855.

SIR, I beg to acknowledge the receipt of your despatch No. 38 of the 5th. instant and to transmit to you five copies of the Laws and Regulations in force in the British North American Provinces with reference to the Fisheries.

I concur in your opinion that it is very desirable that these Laws should be communicated to Her Majesty's Minister at Washington, in the event of that Officer not being already in possession of them; and it will further be desirable that you should transmit to Mr. Crampton and also to this Department copies of any other Regulations respecting the Fisheries which may have been framed subsequently to those in this collection, or may hereafter be framed.

I have the honor to be Sir,

Your most obedient humble servant,

J. RUSSELL

&c &c &c

Lieut: Governor the Honble. J. H. T. MANNERS SUTTON

No. 122.-1855, June 16: Letter from Mr. Manners Sutton (Lieutenant-Governor of New Brunswick) to Mr. Crampton (British Minister at Washington).

Private

GOVT HOUSE FREDERICTON N. BRUNSWICK

June 16th 1855.

SIR, I have the honor to inform yr. Ex: that I have received instructions from H.M's Govt to transmit to yr Ex, copies of all the laws & regulations, whether statutory or local, which affect the outside fisheries, & the fisheries in the harbors, of this province.

The statutory regulations are contained in one Act: ch:. 101-title 22: of the Revised Statutes of New Brunswick.

The local regulations, are of two different kinds-1stly those, which, under the provisions of the 6th seen of the Act: referred to, have been made by the Governor in Council; & 2ly those which the Justices in Session of the respective counties are empowered, by the Provincial Act-ch: 64 title 8: of the Revised Statutes to make for the govt of fisheries within the rivers & harbors of the several counties.

The local regulations of the last mentioned description, altho' issued in many counties, & having the force of law, were not included in the collection, published from H.M's Stationery Office in 1853, because, as appears from a despatch from Sir E. Head to the Duke of Newcastle, which is printed in page 37 of that paper,-of which yr Ex no doubt has a copy,-these regulations were at the time considered to be immaterial, inasmuch as they do not affect the outside fisheries. But yr Ex: will observe that they do, in some instances at least, affect the fisheries in the harbors of this province, which are now thrown open to the fishermen of the U.S. as well as the river fisheries, which are reserved to H.M's subjects.—

Considerable anxiety is felt & expressed here, lest the rules, which have been deemed necessary for the preservation of the fisheries of the province, & by which the fishermen of the province are themselves bound, may be disregarded by those who are now admitted to an equal participation with them in the fisheries;-but yr Ex: may feel assured that there is no disposition, either on the part of the Provincial Authorities or of the fishermen themselves to deprive the citizens of the U.S. of the full benefit of that Article of the Treaty of Reciprocity, by which the U.S. fishermen enjoy in common with H.M's subjects the right of fishing both on the outside fishing grounds & in the harbors of this province.

I have &c

(Signed)

J. H. T. MANNERS SUTTON

&c &c &c

J. F. CRAMPTON ESQRE

No. 123.-1855, June 27: Letter from Mr. Crampton to Mr. Manners Sutton (the Lieutenant Governor of New Brunswick).

WASHINGTON June 27th 1855

SIR, I have to acknowledge the receipt of Your Excellency's despatch of the 16th instant, respecting the laws and regulations which affect the fisheries of the Province of New Brunswick. I have, to

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