The following abstract is copied from an affidavit made by Phillip S. Dodd, seizor, dated 19th August, 1844.

"And the deponent saith, that he is now in charge of the schooner Sylph,' employed by the government of this province for the protection of the trade of the province, and for the prevention of illicit trade. And the deponent saith, that on Tuesday, the sixth day of August instant, when the deponent was proceeding round the said island in the said vessel, in discharge of his duty, as seizing officer under the said commission, he saw a vessel at anchor and engaged in fishing off St. Ann's Bay-that deponent made for and hailed the vessel, and directed the master to send his boat on board, which was accordingly done that when the deponent hailed the said vessel she was lying at anchor and actually engaged in taking fish, there being several lines over the vessel's side, and fish were hauled in after he hailed that the master of the said vessel then came on board the Sylph in his own boat, when the deponent ascertained that the said vessel was an American fishing vessel, called the Argus, of about forty or fifty tons burthen, of and belonging to Portland, in the State of Maine, in the United States of America, and that the master's name was William Doughty-and the deponent saith, that when the master had boarded the Sylph and the deponent had ascertained the character of the vessel, the deponent pointed out to him the headlands of Cape North and Cow Bay, and informed him that he was fishing on grounds prohibited by the said treaty-and the deponent saith, that the said master freely admitted that the place where he was then fishing was inside of a line drawn from the headlands of Cape North and Cow Bay-and the deponent saith, that he informed the said master that his vessel and cargo were liable to seizure, and that deponent accordingly seized the said vessel, her tackle, apparel, furniture, and cargo, for an infringement of the said treaty--and the deponent saith, that the place where the said vessel was at anchor and fishing, when deponent seized her, was off St. Ann's Bay, on the eastern coast of the island of Cape Breton, about eight miles from the nearest land, but at least two miles within the headlands of Cape North and Cow Bay."

SCOTT TREMAIN, Regr. C. V. A.

Vice-Admiral Seymour to Lt. Governor Le Marchant.

BASILISK, AT P. E. ISLAND, 23rd August, 1852. SIR: I have the honor to forward Your Excellency a copy of Statements made to the Officers of the hired armed Tender "Telegraph" as I think it right you should be informed of the notices which are said to have been issued to the Fishing Vessels of the United States, by the Commanders of the Provincial Vessels employed for the protection of the Fisheries; and I am not aware of the lines therein described having been sanctioned by authority.

I have, &c.

G. F. SEYMOUR, Vice-Admiral, &c., &c., &c. His Excellency SIR GASPARD LE MARCHANT, &c., &c., &c.

[Inclosure.]

Statements of the Masters of Four American Fishing Vessels, touching the information received by them from the Commanders of the Provincial Vessels Halifax and Responsible, respecting the limits within which they were allowed to fish.

1. R. W. Armistead, Master of the United States schooner Angenora, of Frankfort, states about the 27th of July, he went on board the Responsible, and was informed by her Commander, that if he found him fishing within three marine miles of a line drawn from Cape Gaspé to North Point of Prince Edward's he would seize his vessel.

2. Stephen Morey, master of the U. S. schooner R. Roster, of Deer Island, stated that he went on board "Halifax" laying in McNair's Cove, Gut of Canso, about the 23rd of July, and was informed by the Commander of that vessel, that his orders were to draw a line from Port Hood to the East Point of P. E. Island, thence to the North Point of P. E. Island, thence to Birch Point on Mission Island, and that he would seize any vesels that he found fishing within three marine miles of that line.

3. William Page, Master of the U. S. schooner Paragon, of Newburyport, stated to Mr. Sutton, that on or about the 23rd of July he was informed by the Commander of the Schr. Responsible that he should draw a line from headland to headland on any part of the coast of Nova Scotia, and seize any vessel that he found fishing within three marine miles of such a line.

4. Stephen Randall, Master of the U. S. Schr. Montezuma, states that on or about 20th July, whilst laying in Pirates Cove, Gut of Canso, he met the Master of the Halifax, (James Laybold), who informed him that he was not allowed to fish within three marine miles of a line drawn from the North Cape to Cape Gaspé, and that he would seize his vessel if he found him fishing within that distance. of that line.

Several other Masters of American vessels corroborated these statements, but I did not think it necessary to take the particulars.

Lieutenant Governor Le Marchant to Vice Admiral Seymour.

GOVERNMENT HOUSE,

Halifax, August 26, 1852.

SIR: Referring to your Excellency's letter of the 23rd instant, which, with its enclosures, I have had the honor to receive, I beg to remind you that copies of the Instructions under which the Captains of the Provincial Cruisers are acting, are in your Excellency's possession. On reference to these you can satisfy yourself that they contain no authority whatever to act upon our construction of the Convention, except where Vessels are actually found fishing within three marine miles of the shore.

Your Excellency may be assured that the Provincial Government have every desire to avoid controversy on the point now under discussion by the Governments of Great Britain and the United States.

Copies of the statements made by the Masters of the American Fishing Vessels have been sent to the Captains of the Halifax and Responsible, and I will communicate with you again when I have their explanations on each representation respectively that the American Masters have made.

I have, &c.

(Signed)

J. GASPARD LE MARCHANT.

Vice-Admiral Sir G. F. SEYMOUR, &c., &c., &c.

Provincial Secretary Ilowe to Captain Laybold.

PROVINCIAL SECRETARY'S OFFICE,
Halifax, August 26, 1852.

SIR: I am commanded by the Lieutenant Governor, to call your attention to the enclosed copy of a Despatch from Vice Admiral Sir George F. Seymour, with statements of certain Masters of American Fishing Vessels enclosed. You will, without delay, furnish me with such explanation as will enable the Lieutenant Governor to judge how far the conversations which are made matter of complaint, have been accurately reported. And, in the meantime, you will take care to detain no vessel which is not found trespassing within three miles of land.

I have, &c.,

(Signed.)

Captain J. LAYBOLD, P. R. C., Halifax.

JOSEPH HOWE.

(A similar letter addressed to Captain P. Dodd, P. R. C. “Rcsponsible.")

Captain Daly to Provincial Secretary Howe.

PROVINCIAL SCHOONER "DARING,' 99 Gut of Canso, August 28th, 1852. SIR: On my arrival here this morning from Port Hood, I found an American fishing Schooner taking on board Empty Barrels for her fishing Voyage, and as the thing is becoming quite a practice, and as the question has been several times asked me if it can be done, to which I declined giving any answer until I have the opinion of the Government on the subject.

I have been told that more than one American Vessel has landed a load of Herrings from Magdalen Islands in the Strait, and fitted out again for the mackerel fishery.

Our fishermen complain that American vessels, with all their other advantages, should be allowed to fit out so convenient to the fishing ground. As the hook and line fishery has not as yet commenced on Cape Breton Shore, I will await your answer in visiting all parts of the Strait and Arichat, calling at Plaister Cove on Mail day, where you will please direct.

I am, Sir, Your most obedient Servant,

The Honorable JOSEPH HOWE,

Provincial Secretary, Halifax.

JAMES DALY.

Captain Dodd to Provincial Secretary Howe.

PORT HOOD, CAPE BRETON, August 29, 1852. SIR: Since my report of the 23rd I have been down the eastern shore, and returned to Port Hood on the 29th. On Friday last I had the honor of seeing the Admiral on board H. M. S. Basilisk, off Port Hood Island, and received from him a copy of two statements made by American fishermen, with reference to information said to have been given by me.

1st. R. W. Armistead, Master of the U. S. Schr. "Agenora," of Frankfort, states that, about the 27th of July last, he went on board the Schr. "Responsible," and was informed by her Commander, that if he found him fishing within three marine miles of a line drawn from Cape Gaspe to the north point of Prince Edward Island, he would seize his vessel.

2nd. William Page, Master of the U. S. Schr. "Paragon," of Newburyport, stated to Mr. Sutton, that, on or about the 23rd day of July, he was informed by the Commander of the Schr. "Responsible” that he would draw a line from headland to headland on any part of the Coast of Nova Scotia, and seize any vessel he found fishing within three marine miles of such a line.

These statements I have copied verbatim, and although not called upon to answer them, I still think it my duty to do so. The first is altogether false; there has not been any American Captain on board the Schr. "Responsible" since I have had charge of her, except a Captain Dixon, of the Schooner Empire, which vessel was repairing at that time in the Strait of Canso; and again, on the twenty-seventh of July, the Schooner Responsible was coming up from Margaree Island, both which facts can be attested to if required by half the Ship's Company; and as I had nothing to do at Prince Edward's Island, it is scarcely probable, I should have made any Statement with reference to any lines to be drawn on that Coast.

The assertion of William Page, Master of the Schooner Paragon, may be correct, for I did to several American Captains (and he may have been one of them) say, that I should draw a line from the headlands of the Coast and Bays of Cape Breton, and seize all American Vessels found trespassing within three marine miles of such line; and such are my intentions until further orders, as I consider myself bound to do so by my instructions, in which I am referred to the . Convention of 1818; and as it would be great presumption in me to attempt to put any construction on that Treaty, I feel myself bound by the opinions of the Queen's Advocate, and Her Majesty's Attorney General, given in 1841; and also by the result of the trial of the American Schooner Argus, which vessel was seized by me within a line drawn from Cow Bay Head to Long Point, near Cape North, Cape Breton, and condemned.

As the Halifax and Daring are about this part of the Coast, I shall proceed through the Strait of Canso, and down the South Shore of Cape Breton, and return by Cape North.

I have the honor to remain, Sir,

Your obedient Servant,

P. S. DODD.

The Honorable the PROVINCIAL SECRETARY, &c., &c., &c.

Provincial Secretary Howe to Captain Daly.

PROVINCIAL SECRETARY'S OFFICE, September 1st, 1852. SIR: Referring to your Letter of the 25th ult., I beg to acquaint you, that American Vessels which have regularly entered at a Port where there is a Revenue Officer, can land fish or purchase barrels, but they have no right to an irregular use of this privilege at places where no Officer is stationed.

I am, Sir, Your Obedient Servant,

CAPT. DALY, Commanding Schr. Daring.

JOSEPH HOWE

Captain Dodd to Provincial Secretary Howe.

PORT HOOD, CAPE BRETON, September 1st, 1852. SIR: I have the honor to acknowledge the receipt of your letter, dated 26th August, enclosing a copy of a Despatch from Vice Admiral Sir George F. Seymour, with statements of certain Masters of American Fishing Vessels, a copy of which statements was handed to me by the Vice Admiral on the Twenty-seventh of August, and which I answered on the Twenty-ninth.

The orders not to detain Vessels unless found trespassing within three miles of land shall be strictly attended to.

I have, &c.,

The Honorable the PROVINCIAL SECRETARY.

P. S. DODD.

Extracts from the journal of the legislative assembly of Newfound

land, 1864.

Duke of Newcastle to Governor Bannerman.

Copy of a despatch from the secretary of state for the colonies in reply to a request from the governor that the copy of a draft bill for regulating the fisheries may be looked over, and any parts pointed out, such as probably might not be sanctioned by the Crown.

DOWNING STREET, 3d August, 1863. SIR: I have the honor to acknowledge the receipt of your despatch No. 34 of the 29th June, enclosing a printed copy of the proceedings of a committee appointed to enquire into the state of the fisheries of Newfoundland, together with a draft bill framed with a view to their proper regulation, and requesting that the provisions of this draft bill may be looked over, and any parts of it pointed out, such as probably might not be sanctioned by the Crown if it were passed.

2. I apprehend that it is not your expectation that I should express an opinion respecting the practical modes of conducting those fisheries, it being plain that the inhabitants of Newfoundland are or ought to be best capable of judging what regulations are calculated to increase the productiveness of their own seas, and with respect to imperial interests I do not think it desirable to anticipate that close inquiry to which any act passed upon this matter must be subjected in order to ascertain that it does not infringe upon the right guar