Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-04-21

ing t'af ne Iusiish common law. W.
the common law Of allPart, Of the wa
pire, equally recognised in England en-,
America. BY that common law tIs AN: ana
Of fishery or;fshmg, is an incorpore ore gut
reditament Tor as | shall denonin,tsa !. ne
real right and like all other real es.a.l .
may be held in seyeralty, or in con s,a'e'
The property Of the fishing ground maS
be in one, while the exclusive risM 4a y
taking the fish may be in another ~ o.
may be tenant in common of the fsho nc
with the owner Of the ground, or with ', !.
ny other. d
e. So far as the fisheries mentioned
the treaty belong to tie British emr;ra
they aere equally the property oftIatrr,ss,,
oft, comprising the United States. as A ~
/ the rest allholding in common, r;ebt,a
take fish in those waters. III tie to-
Of partition it was mutually ssreed. tI,t
certain portions of the coinnlen prcre,..
of the empire should in future be- hsld !.
eeyeralty. In that division, NEST Of tba
wilderness now within the limits Of .h s
q. S. north west oftle Chic, was conn os
property, and was aparted to the Tn;t0Sa
States. The fisheries on the hail. W "
Newfoundland, SC. another division Of ,ba
common property, it was in ike manner
agreed should still remain, a d centims
to be held in common /; the domain TO be-
long to each while the empire. or ,oys
reignty should be held by one. ev,h
were the rights Of the parties, anterior il
and subsequent to the ratification Of ,Ss
treaty of 178s, until the commencement
of the war in 1912. Has the fact ofvar
Invested the q. States, of any right thew
thus held ? If SO. it must be BY the .rer,.
ton Of some principle Of public law, at.
tached to the treaty as existing between
independent nations. Where is such
principle to be found ? The fisheries have
been shown tobeby theIaw of nations held
by territorial right, and by the common
law of the parties as an incorporeal hers.
ditament, or real right, remaining in grant
incapable of corporal occupation. Such
a right could not have been obtained by
conquest, but by the extinguishment Of
the state to which it belonged. In such
case the incorporeal rights Ofthe conquer
ed, vest in the conqueror, but not other
wise (h.) Nor can such right be lost by
nonuser for it cannot become dereGct,
or 80 abandoned as to be capable of vest.
ing in any other. 1t isa right which be.
longs to the class ofimmoveables, which
can be transferred by treaty only H.
Have the U. States by the treaty of 1914
either transferred or abandoned to Great
Britain the right in questions The>sub'
ject is not even mentioned in that treaty.
Silence On that subject cannot be con-
strued as such abandonment, no question
in relation to which having been among
the assigned causes of the war. The O.
mission to mention the fisheries in the
treaty is no more evidence Of our aban-
donment of them TO G. Britain. tfanisthe
omission to mention any other subject con.
tanned in the treaty,ofpartitiOn, iseVidence
Gifts Abandonment by us to her.
If the construction have given tothe
treaties Of 1888 and 1914, is correct, tits
of the highest interest to the U. States
that in all publications on the subject, it
should be undeviatingly maintained. The
British government cannot be lnsenslole
of their interests to maintain herelaticnG
of peace between the two countries, while
the British is the greatest manufacturing
and exporting nation in the world. Inc
U. States inproporticn totheir population
import for their own use more tlan any
other. The nature of British expos
American imports, are in almost sset5
particular the same and |. great pr"FVss'
ton ofthe native productions OF the "a c:S.
find a ready market in ports OF the 1l l.l W
dominions. These and Thousand olne'
obviously concurring circumstances 't a..
der a lose commercial union between ~.
two, of invaluable advantage to polD' :n t
British government is too well a s!}'.;aa If
with the spirit, resources and abilities il! s,, o.
America not to be sensible that M i ;'t,
wherein they should all be brousn. o WV,
support of her vital interests. enc avlS
prove more dangerous to British sIea aa,th
than would any other POWER Oh y sS any
Britain will therefore by all means Il, sn,
way consistent with her own a n:s;on
w. III .nd honor. avoid a collisions
which she must foresee VIII f,Oo or Gle
renewal Of boatiiities. If ho"e'e, .rn,.
finds the whole American people, sf n.
rently wiling to yield any imE IMP. ss;1s the
vantage to her, she will eagerly 81 ssN mere
golden opportunity. Indeed a., Os b. led
into , q mistake which may Frodpes;, a ,us.
a state of things as must ter u.tion GIVEN
a. fSJl