The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-30


land, and sgreeing that the fisheries between the
island Of Newfoundland and the islands Of ST Plorro
and Mquelon, should be carried on by either party
only to the middle of the channel; that the King of
France should give the most positive orders to the
French fishermen not to go beyond this line, being
firmly persuaded that the hing Of England would
give like orders to the English fishermen.
This treaty, with the accompanying declaration
and counter declaration, State papers of very
considerable Importance, as up to this hour tho
French fisheries Of North America are conducted
upon the terms and conditions, and within the
limits, therein specified.
The 18th article of the treaty of Paris, 10 1914,
replaced the French fisheries upon the footing
az pror TO 1872, and this agreement was confirmed
by the llth article Of the treaty Of Paris in 1910
Having thus traced down and defined the French
rights OF fishing In North America, those OF the
United states will now be pointed out.
The Inhabitants Of Massachusetts,, and Of the
fisheries, FIRST along the adjacent Shores aud after
wards on the banks and coasts Of Newfoundland
and Nova Scotia. According to Mr.. Ptkins' state
ments. before the revolutionary war, about four
in schoopers ard small craft, measuring about
twenty thousand tons. The average quantity of
fish caught about three hundred and fifty thou
sand quintals-vslue about two handred thousand
pounds.
By the Sd article of the treaty of peace between
the United States and Great Britain, In l7S3, 1t WAS
provided as follows -" That the people of tho
United States shall continue to enjoy, molested
the right to take fish Of every kind on the Grand
Bank, and ON all other banks of Newfoundland;
also in the Gulf Of ST. Lawrence, and at all other
places In the sea where the inhabitants Of both
countries used at any time to fish; that the inh abb
tants of the United States shall have liberty to take
fish of any kind such part Of the coast of New
foundland the British shall use (but not to cure
or dry them on the island) and also on the coasts,
bays, and creeks Of all other Of His Britannia
Majesty's dominions in America and that the
American fishermen shall have liberty to dry and
fish in any Of the unsettled bays, hArbor, and
creeks Of Nova Scotia, Magdalen islands, and
Labrador, so long as the same shall remain unset
tied; but so soon rs the same either Of them,
sh AL be settled 1t shall not be lawful for tho said
fishermen to dry or cure fish at suoh settlement,
without previous agreement for that purpose, with
the inhabitants, propnetors or possessors Of the
ground"
The New England codfshery was nearly extin-
guished during the WAT of the revolution. 1t COM
have prospered for In l79o the Legislature Of Mas
sachusetts represented Congress the eubarra sed
state Of this fishery. In consequence Of a report
made BY the Secretary Of State. bounty was
ton Of sailed fish, by way Of drawback Of the duty
on im ported salt; and afterwards, an allowance In
money was made to vessels employed for a certain
number of months in this fishery. From this en-:
management, and the happy effects upon trade and
commerce produced by the establishment Of the
general government, the cod6shery increased until
the commencement Of the embargo and commercial
restrictions in 1903, and the war between Great
British government considered the shore fishery,
It was called, as privilege granted at the peace Of
1873, and which was forfeited, or done away, in
consequence of this war; and therefore refused to
re- grant it without an equivalent. In the negota-
tions for peace, some Of the American commission
disposed to concede to the British the right
Of navigating the Mississippi, equivalent for
the shore fishery, but q majority Of them were op-
posed to 1t. The treaty Of Client, and tao coni.
mercial convention WHICH immsdiateD followed II.
we're both 'iio.s on the subject Of the fisheries.
citizens nevertheless proceeded as formerly, To
fish of the British coasts and to use the unsettled
shores for curing and drying fish, according to the
stipulations of the former treaty. They were I'm
medistely ordered of by the British naval forces,
and some were captured The ground alleged was,
that the treaty was no longer In existence. Our
government obtained Q suspension of these Rppa-
renty hostile orders and proceedings, until the two
governments could mako efforts for adjusting
question Of so much moment.
The negotiations which followed resulted in q
convention, which was signed a. London on the
Goth October, 1878. BY this convention, IL WAS
agreed that American citizens should have forever,
in common with British subjects, the liberty to fish
on the southern coast Of Newfoundland, from Cape
Ray to the Ramean islands; and from that cape to
the Qu'rpon islands, On the western and northern
coasts, and on the shores of the Magdalen islands;
and the coasts, bays, harbors, and creeks, from
Mount Jolly, on the southern coast of Labrador,
through the Straits Of Bellisle, and thence indie
6nitely along the coast northwardly, but without
prejudice TO any exclusive rights Of the Hudson's
y,
and dry fish in any of the unsettled bays, harbors,
and creeks Of the southern coast Of Newfoundland,
as above described, and Of the coast Of Labrador,
subject, after settlement, TO agreement with the
renowned forever the liberty Of fishing within three
miles Of any other part of the British coasts In
America, or OF curing or drying fish on them. But
American fishermen were 70 be permitted to enter
bays harbors on the prohibited coasts for shelter,
repairing damages, and obtaining wood and water,
subject TO restrictions necessary 70 prevent abuse.
"Such was the article" says Mr.. Rush, finally
agreed upon. The most difficult part Of our task
was the question Of permsDence. Britain would
not consent to express clause, that, in future,
war not 10 abrogate the rights thus secured to
us. We inserted he word forever, and drew up q
pspef to be Of record in the negotston, purPortng
that IL the convention should, from any cauec, be
vacated, all anterior rights were to be revived"
Under THE convention, American citizens prose
cuted the fisheries, as they had been accustomed,
within the Gulf of ST Lawrence and on the coast
Of Nova Scotia, at three mfios from tho land But
new cause Of contention soon sprung up, the peo-
plo Of Nova Scotia inslsting that the three miles
we're 70 DO measured from the headlands. or ex.
treme points Of land the coast, of the entrance
Of the bays, and not from the interior Of such bays
or inder Is OF the coat. The govern nent Of Nova
Scotia proceeded to seize and condemn n number Of
American vessels which fishing within head
lands, but yetat greater distance than throe miles
from the land
In 1871 Mr.. Stevenson, our minister at the court
OF II. James, addressed note TO the Secretary Of
state for Foreign Affairs complaining OF these pro-
ceedings Of the authorities of Nova Scotia and this
complaint was referred 10 the Governor Of Nova
Scotia for explanation. The House Of Assembly
Of that c@ony prepared for tho opinion Of the
Law officers Of Eogland, which wa forwarded " tbe
in perial government by herd Falkland, then
Lieutenant Governor Of Nova SEQ ia. In reply,
The law eeioers Of England expressed their opinion
that the treaty Of 1883 was aDnulled by the Of
i-l2; that the rights Of fishery BY American citi-
zers must nov be considered defined by the oon-
yention Of 1915, and by that oily; that the pre-
scribed distance tf three miles TO be measured
from the hsadands, or extreme points Of land, or
OF tho entrance Of the bsys, and not FOO the inte
ror Of such bays, the indens Of the coast; tn At,
Independently Of treaty, no foreign couutry has
the right ia Sse navigate the passage strait Of
CHtso; that the convention did not expressly, or by
implication, corcede any right Of using or nsvi-
gazing the passage IN question; and that A nercsa
ctifJ a. have no right TO land conduct the ish-
srios IRON tho chores Of the iagdalea Islands.
IN cortequence Of the attempts Of tho government
Of Nova scotia to carry out the opinion thus given
Nth great slrictness, AmeTcan fishermen have