Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-10-02

itself .iias not been annuied. This question
| now presents itself in way which obliges ths
couri TO enter iu,o the full considerations OF the
right here asserted. For although II has al
ready determined that il cannot take cogni
zaHce oil il as direct charge against this YES
sci. having no authority so TO do {; vet as il be.
cones essential 10 the determination OF the sc.
coud point in this cause as it arises inciden.
tally Qua OF the consideration of the muuici
pal laws Of the country, and as il must be EN-
tertaincd IN order 10 do Justice to the parties
! whose private Interests are involved, il is its
dnty TO stiStelnit,a and TO place II III such point
OF view, as may put AN end to those doubts
which some have affected to indulge on this
subject. IL nigh; be sufficient for me To saw,
on this point that His Majestys Government
having determined, that the privileges grant-
ed TO the citizens of the United States bv the
treaty OF lIS3, 10 carry on the fishery upon the
coasts of this Province, and to cure fish i'm the
/ harbors thereof had ceased aud that deter
mutation having been made known, il would
not DE necessary TO consider this right as enii-
tied TO ANY attention. But as 1t will reeuire
out little reasoning 10 shew the weakness OF
Sucii professions, shall take cnrsory view
OF the grounds upon which this extraordinary
riShi seems iohaye beenplaced.
III VIII not be requisite for me. in this case,
10 enter into those general, Considerations of
The rights of nations 10 a dominion of, Tie sea.
whichbave occupied the attention of the cen
tlemen OF the bar. Very able writers on alb.
stract law have differed both rs respects The
riS"t OF dominion over particular parts Of the
sea. anu also as TO distance from the shore over
which nation /, idng the land might exer-
ciSe the rights OF sovereignty.-Whent these i'm
portaut points shall he submitted to the court,
In way which Will render ii incumbent on it
To Determine them. ii will not shrink from so
arduons a task, neither will il despair of pla.
eng them on grounds which may find tieir
support III the sound principles of general
anu universal Jaw principles which il9Ig from
The reflections OF enlightened .ason correct
. q hx fk.,, =
OF the civilized world. 1t Will hone that those
contradictions, which may have been observed
In the best writers are 10 be reconCied by an
attention to the characteristic circnns,ances
OF the uinefent ages in which they Thought
and wroie aud by aA allowance for the im.iu
cnce, which the luctuatin. relations the lar.
ring interests, aud the variouS notifications
OF the claims aud pre- tensions OF nations can
NOT 'aii 10 ptounce even upoa lie most reflect.
lag MUD. Much OF that difference tourI a.
mongst writers OF this description, NAV be ira.
ced TO the prevailing public sentiment TO ma
u0nai Drejudces. and even TO the cccentricity
of individual opinion. Bui whatever the dIt.
hcnities are winch those great questions mi.ht
present, they do not meet the court IN This
case. II is oniyuecgssary in order to see the
simplicity of this point to read The article OF
the treaty on which ,he claim is founded, and
10 determine whether that treaty exists at The
present time. The words Of ;!e thiru article
OF the treaty are.
IL IS agreed that the people of the United
States shall continue 10 euioy unmoIested the
right 10 take fish of every kind on the Grand
BANK, aud on all the other banks of NewfOupd-
iand also IN the Gulf of ST. Lawrence and at
all other places III the sea, where the inhabi-
tints OF both countries used at any time here
totore 10 fish. Aud also that the inhabitants of
the United States shall have liberty To take fish
OF every kind, on such part of the coast of
Newfoundland, as British fishermen shall use,
but not 10 dry or cure the same on that Island
and also on the coasts, bays, and creeks of all
other OF Ills Britannia Maiesty's dominions i'm
America; and that the American fishermen
shaiI nave liberty to dry aud cure fish III any of
the unsettled bays, harbOurs, and creeks of
Nova Scotia, Niagdaien Islands, and Labrador
so long as the same shall remain unsettled but
So soon as the same or either of them shall he
settled, IL shall rot he lawful for the said fish
einlen 10 dry or cure FISH at such settlement
Without previous agreement for that pnr-
pose, with Nie inhabitants, pIOprieiors. or pos.
SCISSORS of the ground"
Now III is impossible TO imagine words more
clear than those. Two objects seem to have
been IN view, the first was the fishery on the
Grand Bank, the Gulf OF St. Lawrence, and
other places III the sea and the second was
the privilege which was intended to he grant
ed TO the people of the United States TO take
anu cure lish on the coasts, ane in the BAYS,
creeks aud harbours OF the British dOninions in
norm America. Ii wond seem iat the in
teutiOD oi the British government at the time
was 10 acknowledge an G6;.Efe right in the
Newfoundland in Ike Gulf of ST Lawrence
ana otner places IN The sea i; but the court is
not called npon, III this case TO determine thai
poiht AS respects tue latter part of this arti-
Gle, IL would he ConfOunding all IDEAS IL com
mon sense, and throwing ohscuritv over the
ordinary perspicuIty of language, 10 Contend
that lie word hbeTty, here used, can be con
cei'ed to convey an dbseiats unguaifea right.
mat II was received as privilege at the tire
aud las been exercised as such unfit the iate
Ii,
privilege that government acknowledged The
right TO exist IN Great Britain aHd the oniy
Question left Tor The sliShtes consideration is,
whether that treaty is now ia force or not'
IL mas beenlngeninusIy argued Oh The part of
the claimant in this cause that the treaty of
1893 Is now III force, because the iale war be-
ing tor cause entirely new and distinct from
the SUBJECTS OF contention, which were termi.
ud'eu by tnat treaty, the declaration of war by
the United States was not violation Of any of
ITS articles. And the words OF some esnent
writer's would seem to support such doc
tIlne; but little attention to this subject will
explain the grounds, upon which the true and
sound doctrine firmly rests. Grotius hook 2
chap. 20, section ~ has these words. ills al
so daily dispute when a peace NAV be said to
be broken, which the Greeks called Paraspon.
dema Tor II Is not directly The same thinp TO
give new occasion of war, and to break
peace. but there rs d great difference between
them as well in regard to the penalty which the
breaker iDctIrs,as with respect to the liberty of
me injured partyio disengage his word in the
other articles of the treaty." In a note howe.
yer to these words, the principles as received
IN modern times, aud ihe reason upon which
they arc founded. are clearly laid down and
explained. When a new occasion of war is
gwen IN this manner, the treaty of peace is
thereby broken Indirectly and with regard TO
the effect, it satisfaction for the offence be re-
fused: For then the offended having right
to take arms in order TO do himselfj nstice
aud to treat the offender as an enemy, arainsf
whom every thing is lawful; he may also
dispense with observing the
conditions of peace, though the treaty has
not been formally broken with regard TO
It's tenor" This distinction can scarce be of
usein these days, because treaties of peace are
Enmcei Il in sLc q Lrl..llI,l.r LI.t ...L.-