Portland gazette and Maine advertiser., 1815-04-24

llea, where the inY 11ifens ol .er coun-
tries ufed at anyvine 81 S.Ah. lfthe right
Ito fifh in the fnlPh at A,wsencc ::
| derived from ii rsaty. to nat ii be in
the other places na.qcd, to wit, In al
places in the fea, where s.sa Inhabitants
of boEz opntriss uicd to fifth, which ex.
1tedds as we'll to open ocean, IN every
quarter of the world as to the COATS OF
North America, and NUT be alike forfeit,
lei by the fact of war. The reGdue OF
The treaty relating to the filheries though
expr, I'D ia termD little dilfsrens from
the firlt member of the article, canhot
vary, limit, or reitri6t its plain Ii eral
|meaning; all bsin, founici on prseAiit-
| ing rights and the reafou for Introducing
sh- fame, being for the purPole Of maxi
ing parti,ion, and not for comforting any
new right, TO declare the relervaiion on
the part of the u States, not acknowl-
/ edgiog celIion IN the part OF Great
Britain /; ana 10 prevent the conitruction
which might othcrw;fe be given to the
h!ence of she treaty en- the tubje6t, that
the owners OF &c COATS, after iuch par
tition, might claim an executive righs to
the fiiheries. Such are the ideas naturally
Efuggcitet by the phraleology and terms
ufed ia The article. Ilfougn that treaty
is novel in its kind, yet principle Of pub
lick law will be found sufficiently appL-
caole for It's right interpretation. Con-
iidesing it as a treaty of partition, there
can be no difficulty in admitting the
empire or .overeisniy of the flores to
btlong to Great i'ritan, while a perma
neat and indefe alibe relusruttuary inter
eft is referved 70 the y. States, in the
waters, ana alfo upon the flores them
frlves. The people (iays Vattel) may
even allow he fuperiour, the domains OF
the ,hiags he poiiracs in common and
relerve to themftvss tie ufe Of them, in
whole or in parr. Thus the domain of
a rive: may be ceded TO the prince, while
the people referve the ule OF it for navi-
CATION, JJbiag the watering OF cattel sc /;
.aey may allo allow to The prince, the
fo!e right of.Gi5mg &c in river (al if
| tie people aud their prince can thus con
trait, when they remain ID the fame
allegiance, they can do the fame when
forming new fovereigay.
1t is peculiarly fortunate for the pa ties
10 tha, treaty that they are not as IN or
dinary treaties, between independents
nations, confined 20 the principles OF
public law only, for its Interpretation
1 he interpretation of every act AMI Of
every treaty, oughr to be made accord
ing 10 Certain rules, proper to determine
the lenie Of them; fuch as the parties
concerned might naturally have rnder-
food when the act was prepared and &C
copied n Rules corionant to this, were
familiar TO the parties. The EDglilh
common law, was the common law Of
all parts Of the empire; equally recog
nized il England and America By thai
common law the rlghr of 1gj5s,y or fiih
ing, IS an incorporeal hsredltanent, Tor
| as ihaH denomiuate II a real 5igbj) a3d
like all other real ettate, may be heid in
icvcraly, orin common. The property
of the hihlng ground may be in one,
while the exciuiIve right of taking the
fih may be in another or he may be
tenant ia common Of the fi(hery with
the owner Of rhe ground, or with any
other (eJ Sofar as ths tiiheries mention
| ed IN the treaty, belonged 70 the Britiih
empire, they were equally the property
of thar part Of il, COMPUTING the United
STATES, as of the rcit ali holding in
common. Alright 10 take fin in thuie wa
ters. In the treaty Of partition it was
mutually agreed, that certain portions of
the commcn property of the empire
lhould ia future be held in feveralty In
| thar dnilion, mott oflthe wilderness now
with the Iinns Of the United States,
North Welt Of the Ohio, was common
property, and was aparted TO the United
states The htheries on the banks os
Newfoundland &c. another diviGoD of
the common property, il was in like man
ner agreed ikould itill renlain, and con
tlnue to be he'd in conmon the domain
20 belong to each while the empire, or
iovereisnty, lhould be held BY one. Such
were tt,e riuhtc cf the r3rfipa ,nfar,.,r