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seines and set nets, and had lately begun to build weirs there also. The fishermen had hitherto been excluded from the cove to the eastward of Portland Point on the ground that all the flats in that quarter were within the bounds of the line running due east across these flats to York Point, as described in the first grant of land made to James Simonds and his associates in 1765. The three old partners had further fortified their claims to ownership in that locality by building wharves for their own private use and advantage, and by using the flats for timber ponds, etc.

In consequence of Governor Carleton's license of occupation just referred to the St. John fishermen were disposed to abandon the Strait Shore. However, subsequent events showed that the controversy was by no means put to sleep by the Governor's action. In the Executive Council itself there were eminent legal gentlemen, including the Chief Justice of the province, who deemed the license of occupation to be ultra vires, and the right of ownership of the flats east of Portland Point was disputed in like manner. The fishermen thus encouraged resolved to continue the contest and in the year 1803 took up the nets of some of the Portland fishermen and set their own in their places. This, naturally enough, provoked another collision, and offences against the law were again committed. Hand to hand fighting ensued and much bad blood was aroused between the combatants.

At this stage of the proceedings two prominent St. John aldermen and magistrates, Hugh Johnston and George Younghusband, endeavored to mediate between the parties. They addressed a communication to Hazen, Simonds and White dated June 9, 1803, the substance of which is as follows: