The daily union., 1852-09-03

referred aIe Of the most extraordinary character For
s. 81 he tSs q ks 5 Tsa II Res cso
Z, together with her cargo 70 he forfeited 10 cases Of
20 prove his nnocence or pay rebe be Is forced
try his action within three months 70 give months
everything Intended % be proved R2ansi him. before sut
" Sa ea sI oee Amos boy oa
sbe since he is liable TO no prosecuuon the ndge eery
that there probable cause, and the piaadd In such
ages without the defendant TO be ned not more Than
regulations are violations OF well established principles Of
the common law Of England and Of the principles OF all
pressly designed enable her Majesy's authorities with
perfect innpuniy 70 sez, and confseate Amercan yes-
sells, and enbeZze, almost dscrminatey, the properly
Of our citizens EN- poyed IN the Fisheries on the coasts OF
the British possessions"
The provincial law thus characterized falls little short
OF egalizng piracy since The seizure OF I'M
offending vessels while seeking the protection and the en-
joyment OF the rights secured by the treaty The terms OF
prove beyond doubt that arbitrary, unwaraniable
construction put upon the part of the treaty granting the
right 10 enter the ports aud bays of The provinces for the
purpose OF making these essential privileges worthless
Ii vessel is preparing TO fish she may be seized and
yet for what other purpose does she enter port III
she obtains wood or water or makes repairs she prepar
hled with officers authorized 10 seze and TO whet their
appetes they share one half the punder aud by the
law protected from :all accountability, however arbitrary
and unnshable the act OF seizure, II The judge will GER
lily that there probable for the seizure. Mote-
over no party can be admitted 10 defend his right 10 his
own property without first giving bond in at least $50
$40 penalty 10 pay the costs and when the LEGALITY OF
SEIZURE is denied The master the ewner ia required TO
prove It. No action for the seizure and delenton OF in
nocent vessels can be maintained for month alter the
seizure, nor then without filing statement OF all the
evidence TO be used in the TO which the party is lin
tied on the tra no matter what issue arises what an
anticipated facts 10 be rebutled or explained. Such
are of The vexaiious features OF arbitrary, unus
liabe provincial law, male 10 oyerrue and deea, i'm
porlan provisions OF the treaty, by limiting the right of
vessels to ports to cases OF actual distress This sys
TEN OF persecution pursued first under the act Of Par
Lament, then with greater veor under the colonial act
anI ida fgla
condemned The costs so burdensome the delays
so long. that, with the scattered, and the voyage
mpes ae ea on WIN he
offending vessels find the following in letter from
the consul at Halifax dated August, 1882 and addressed
TO the Secretary OF State:
81 beg eave most respectfully to rec apu,ae the fate
The schooner Eliza Of Portland has been released on
(his currency,) Sa39 &c. THIS, however contains nv
charges connected with bo,tomry. .sa.
Schooner shelland Of Boston. released in like
her about $500; but the money paid by
house Of business here, and do not know the exact
amount. }#
Schooner Charles discharged wirhon, any expense
Schooner Mayfower, of Boohbay. released herexpen-
ses amounted 70 f75 s., 4d, which paid Incidental
There is long list OF such cases. which this quotation
will suffice 10 represent II is aegedand from what
have seen / credit it--that unofendng vessels. when
seized, abandoned because of the impossby OF
serting the right 10 property which ought 10 stand
questioned. These fishermen strangers, far from
law, and have alternative, but must submit to be
crushed by arbitrary power They caugh, in the net
spread for them, and are incapable of breaking the
meshes. ~ t ns ~ a
Now be it remembered that all this strugge-,bs false
in,erprealion-this systematic legalized persecution
sprung up and carried on for alleged offences commit
ted within the prohibited line of three miles from the
coast The vessels that in for shelter for repairs, for
wood or for WATER were SEIZED and none other down TO
lS43. a.r
To This time-a quarter Of a century from the raii6ca-
ton OF the ueatylhe right TO fish in all places than
been acquesced IN as the right construction OF the treaty
No one dreamed that we owed this privilege 10 indul-
gence nor did we claim ii on any except the ground
Of right
But the provincial law did not answer the purpose-it
did not exile the American fishermen from these waters
and Il became necessary, IL that work was TO be accom-
pshed, TO take stfonger and decisive step, by
cudng vessels not only from the coast, but from all
the hays, great and small.
The provineiass resolved 10 put this right to fish in
the great bays TO the test and. in May, lsi3, the Wash
ington, OF NewbuypoT, seized for fishing miles
from the coast, in The Bay OF Fundy.. Afterwards, in
1874, the Argus seized for fishing fifteen miles from
the coast, of Cape Breton. These cases being made
known TO the government remonsrance followed, and
reparation was demanded Our minister in Eagland was
directed TO appeal to the British government and to seek
redress. Ii turned out that these seizures had been
made in conformity with the decision OF certain law Off
OF the Crown, whose opinion upon the construction
Of the treaty had been required at the instance OF the
coonists Here is extract from that opinion, contain
ing all that is OF much interest to fishermen:
Except within certain defined lims 70 which the que
Y put us does not apply we are Of opinion that by Tho
terms OF the convention, American citizens excluded
from right Of fishing within three miles OF the OF
British America and that the prescribed distance Of three
les Is be measured from the headlands, extreme
points OF land the the coast Of the
OF bays indens Of the coast and consequently that
right exists the pan OF American citzsns to enter the
bay Nova Scotia there take h, although the fishing,
beng within the bay, may be at greater distance than
three miles the shore OF the bay oil opinion
that the term headand' IL used in the treaty
press the part OF the land have before menuonsd in
Guiding the interiors Of the bays and the inden OF the
coast"
This opinion gives construction which excludes the
fishermen not only TO the distance OF three miles from
the coast but like dls,rance from the entrance TO all
bays which entrance is defined by a line dawn from
besdland TO hesdland. This decision from the high law
officers OF the Crown-carrying with il the dignity and
weight belonging 10 great satons-comes fully up TO the
most sangune hopes OF the coonists and ii carried into
effect, WILL in the end drive vessels from OF the
best stations which exist This opinion produced sew
era years ago. is made TO depend one leading fact
namely, the word " "heddldna"-used as the high dgna-
taries say, in the treaty Its the OF this word which
10 bays, well from the shores 10 the distance Of
three miles This being the turning point OF construc.
ton, the word is OF great Importance; and yet upon
reading the article CT the treaty. such word will be
found in IT, have consulted the Official copy in the
best edition OF the statutes, and the word "headlandr
To be found in that any other copy which have
upon the fisheries, published IN Nova Scotia and il The
opinion is correctly priniedo which there il reason
to doubt-he learned law officers of the Crown either
ion upon II matters not much which, the error,
h. fiafnn aEaat all