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suggestion I have offered with regard to the imposition of a nominal duty of 50 cents, seems to me if adopted as well calculated to restore to the sections of Nova Scotia referred to, much of their former prosperity and consequent contentment. I firmly believe that licences at that rate will be generally if not universally accepted. The liberty to use our ports as a consequence of such acceptance of licences, will be again embraced. The transfer of their trade to Prince Edward Island will be checked, if not abandoned. The Americans will use the more convenients ports of the Strait of Canso. Their cargoes will be landed and stored there, while if they desire to ship the same to their own home markets, facility to do so by steamers which pass through the Strait of Canso weekly will be at hand. And I feel convinced that a marked improvement in our trade and business generally would be the immediate result.

There is another branch of the general subject on which I take the opportunity to remark, and that is the probability of a large amount of American caught fish being forwarded as British caught fish to ports in the United States by steamboats trading from British ports and particularly from ports in Prince Edward Island. There is an obvious difficulty in obtaining accurate information on this point. The records of the Custom Houses in the United States would be the only means of arriving at just conclusions in the matter. I may however give an extract of a letter received from a merchant of standing, residing at St. John, N. B., which throws some light upon the state of the case. It is dated 4th December, 1868. The writer says. "I fear the Bostonians are doing a large illicit trade in British caught mackerel in Prince Edward Island. There have been large quantities passing through here this season, principally Prince Edward Island brand. I learn that they are forwarded by an American, who is carrying on a shore fishery at the Island in small boats, and in addition, buys all he can get, and is allowed by the authorities at Washington, to enter his fish as American caught, he being an American citizen. The shipments have been from 200 to 300 barrels by each boat semiweekly since I came here, up to last week, and as I am told, was going on for some time before. I presume they will amount in the aggregate to some 4000 or 5000 barrels for the season by this route. They arrive here by railway from Shediac, and likely the same parties are shipping by the Charlottetown, Halifax and Boston line also. This may lessen your Bay fares, as many of that catch may be purchased by them, and entered free of duty at Boston."

The foregoing seems to embrace the principal points of inquiry suggested by your communication and instructions, and I trust that the same will be acceptable to the Department and the Government. I have the honour to be, Sir,

Your most obedient servant,
(Signed,)

Hon. P. MITCHELL,

Minister of Marine and Fisheries.

STEWART CAMPBELL.

No. 144.-1870, January 8: Report of Committee of Privy Council of Canada approved by Governor-General in Council.

The Committee having had under consideration the reports of the Minister of Marine and Fisheries, dated respectively the 15th and

20th ult., in connection with certain despatches from Lord Granville, on the subject of protecting the fisheries of Canada, beg to recommend:

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That the system of granting fishing licences to foreign vessels, under the Act 31 Vic., c. 61, be discontinued, and that henceforth, foreign fishermen be not permitted to fish in the waters of Canada.

Also, that six suitable sailing vessels, similar to La Canadienne, in addition to the two vessels at present employed, to be chartered and equipped for the service of protecting the Canadian inshore fisheries from illegal encroachments; the vessels to be connected with the Police Force of Canada, and to form a marine branch of the

same.

They further recommend that Her Majesty's Government be requested to maintain on the fishing stations of Canada, a sufficient naval force to prevent riotous combinations among foreign fishermen, and to protect the officers of the police in the execution of their duties.

With reference to Lord Granville's proposal to support the local force, by the presence of only one vessel of war, the Committee consider this measure of support would be inadequate, and hope that Her Majesty's Government may be induced to increase it. Certified.

W. H. LEE, Clerk Privy Council.

No. 145.-1870: Instructions from Vice-Admiral Wellesley to Officers employed in Protection of Fisheries.

INSTRUCTIONS FOR PROTECTION OF THE FISHERIES, 1870.

By George Greville Wellesley, Esquire, Companion of the Most Honourable Order of the Bath, Vice Admiral in Her Majesty's Fleet, and Commander-in-Chief of Her Majesty's Ships and Vessels employed, and to be employed, on the North American and West Indian Station.

To the respective Captains, Commanders and Commanding Officers of H. M. Ships employed in the protection of the Fisheries.

It being my intention to employ H. M. Ship under your command in the protection of the Fisheries, the following Instructions are furnished for your guidance in conducting that important duty, and they comprise what is necessary for your employment on any of the Stations to which you may be detached for that purpose.

1. The mode in which it is the decision of Her Majesty's Government that the United States fishermen are to be dealt with, is clearly set forth in the annexed letter (A) from the Colonial Secretary to the Lords Commissioners of the Admiralty, dated 12th April, 1866. In the margin of this letter are noted explanations for your guidance, which have received their Lordships sanction. (See also Article 7.)

2. The several Stations with their limits you will find described in the Appendix (B).

3. Your first duty on arriving on your Station will be to acquaint yourself by personal inquiry amongst the Fishermen and others on the spot, with such information in regard to the Fisheries as will enable you with the experience you will have gained at the end of the season, to make a full report on this staple of Colonial commerce, and of the best means to be adopted in the ensuing year for its effectual protection.

4. You are to make yourself thoroughly acquainted with the Coasts and the various Ports and anchorages where you will be able to seek shelter in bad or thick weather, so that you will experience no difficulty under such circumstances in making out the land when you

close it.

5. A letter from the Lords Commissioners of the Admiralty on the subject of Pilotage is annexed (C) by which you are to be guided. To your report (Art. 3) is to be added one from your Navigating Officer relative to the Navigation and Pilotage of your Station.

6. You will regulate your cruising according to the information you may obtain from time to time giving your principal attention to that part of your Station on which you find the United States fishermen are chiefly engaged, and unless detained by stress of weather you are not to remain in harbour more than 48 hours at one time. During the night, where strong currents prevail and during fogs, it will be well to anchor whenever the weather, depth of water, and other circumstances permit, using your stream for the purpose in deep water.

a

You are to cruise as much as possible under sail, but you are to keep your fires banked in order that you may be prepared to use steam whenever the service renders it requisite that you should do so.

7. In reference to the second paragraph of marginal note G in the annexed letter (A), the Lords Commissioners of the Admiralty have decided that one previous warning will be sufficient before seizing any Vessel fishing in violation of the law. (See also Article 1.)

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On boarding any Foreign fishing vessel for the purpose of warning her, the boarding Officer will inform the Master, in the presence of a competent witness, that if he is again found fishing or having fished within the prescribed limits, he will be subject to seizure.

8. You will keep a list of all Vessels boarded, in the following form; and you will take every opportunity of furnishing lists of the Foreign Vessels which you may have warned to Her Majesty's Ships and the Colonial Cruisers, in order that the law may not be evaded.

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9. You will keep me fully informed of your intended movements in order that I may be able to communicate with you should I desire to do so, and on arriving at each place of call you will send to the Telegraph Office to ascertain if there are any orders for you there. 10. Your proceedings are to be reported weekly for my information, accompanied by your Log and a Track Chart for the week. In every case of seizure a special report of the circumstances attending it is to be made to me forthwith.

Should no opportunity be presented of forwarding the Report at the expiration of the week, it is to be sealed and transmitted by the first opportunity which may occur subsequently.

These Reports are to be numbered consecutively as Fishing Report No. 1, 2, &c., and if in harbour the week's Log is to be accompanied by a blank Report duly numbered. They are to include a Return of all Fishing Vessels boarded since the date of the last Return, on the same form as that given in Article 8.

11. Such Papers as are requisite for your information and guidance, arranged under the heads of the several Provinces, are added.

Such of these papers as do not apply to the Station on which you are employed, will prove useful as giving you a general knowledge of this special service, and preparing you to act on any other Station where I may find it necessary to employ you.

12. You will omit no precaution in your power to prevent collisions between the subjects of Her Majesty and those of the United States who may be brought into contact with each other in prosecuting the Fisheries in those places which, during the period the Reciprocity Treaty was in force, were common to both nations.

13. These Instructions are to be carried out in a spirit of conciliation, force being only resorted to after every other effort has failed; and you are at all times to use the utmost temper and forbearance compatible with the duty entrusted to you.

14. You are to remain on this service until recalled, but you will report specially to me when you consider your presence no longer required on your Station.

Given under my hand on board the day of

187 :

(Signed)

at

GEORGE G. WELLESLEY.

the

ADDITIONAL INSTRUCTIONS FOR OFFICERS EMPLOYED IN THE PROTECTION OF THE CANADIAN FISHERIES, FOR THE SEASON OF 1870.

Confidential.

1. The Lord Commissioners of the Admiralty have informed me that it is probable that a force of United States vessels of war will be sent to the Canadian fishing grounds this season to watch over the interests of American vessels; and I have therefore to impress on you the great importance which is attached by their Lordships to a cordial understanding being maintained between the officers commanding the cruisers of both countries, and you will consider it your duty to cooperate frankly and cordially with the United States officers in order to prevent if possible any misunderstanding or chance of collision between the American and English fishermen.

2. The Canadian Government have refused to continue the system formerly adopted of granting licences to foreigners for the in-shore fisheries, and have expressed their intention to employ Colonial cruisers to act as a police force in the prevention of any encroachments. GEORGE G. WELLESLEY Vice Admiral

(Signed)

H. M. S. ROYAL ALFRED, AT BERMUDA,

233

27th. April 1870.

[Appendix (A), enclosed in above.]

NORTH AMERICAN FISHERIES.

Letter Respecting Instructions to be Sent to the Admiral on the North American Station, with Reference to the Determination of the Reciprocity Treaty.

Confidential.

Copy of a Letter from the Secretary of State for the Colonies to the Lords of the Admiralty.

DOWNING STREET, April 12th. 1866. MY LORDS, The determination of the Reciprocity Treaty contracted in 1854 between Great Britain and the United States revives the 1st. Article of a Convention of the 20th. of October, 1818, with various Imperial and Colonial Acts enumerated in the margin, of which the operation had been suspended during the continuance of the Treaty by the Imperial Act 18 & 19 Vict., cap. 3, sec. 1, or otherwise.

The precise provisions of that Article will be seen by reference to the Convention. Its general result is as follows:

1. American fishermen may fish, "in common with the subjects of Her Britannic Majesty," in certain specified parts of Newfoundland and Labrador, and on the shores of the Magdalen Islands, with liberty to dry and cure fish on the shores of certain of the unsettled—or with the consent of the inhabitants of the settled bays, harbours, and creeks of Newfoundland and Labrador.

2. Except within the above limits American fishermen are not to take, dry, or cure fish on or within three miles of the coasts, bays, creeks, and harbours of British North America. But they may enter such bays and harbours for certain specified purposes under such restrictions as may be necessary to prevent abuse by fishing or otherwise.

I. With regard to Newfoundland and Labrador, the Convention does but continue within certain geographical limits, and subject to a qualification in respect to the curing of fish, the privileges which have

• Copy annexed.

Imperial, 59 Geo. III, c. 38. Nova Scotian Revised Statutes (3rd Series), c. 94, ss. 1-18. New Brunswick, 16 Vict., c. 69, ss. 1-18. Prince Edward Island, 6 Vict., c. 14, declared to contain the Fishery Regulations by Order in Council of 3rd. September, 1844. (Copies annexed.)

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