The daily union., 1852-08-14

eur, the Bay OF Mramach the Bay OF Fundy. and the
straits OF Northumberland, within which the greatest
qaaraniy Of The best macSerel = now taken, !,
strictly enforced would entail upon large portion OF the
Inhabitants OF New England, hardly be computed,
although some idea may be formed OF them IRON The
short memorial that send 10 the Secrearys desk tob
read. II was addressed TO the lamened member OF the
other House. whose untmey and much regfeable loss
we had lately TO depore, and has found It's way to my
hands through the kiad indulgence OF friend 1.-THE
Clerk read The memorial OF fishermen, citizens of Massa,
chuseus, stating the damage which they Will sustain ~
consequence oil the late measures adopted by the BRUSH
cabinet, unless armed force OF the United States is
sent 70 protect them, &c, &c.l
And thus if may be allowed TO borrow the p,hy Lam
guage OF Tie Boston Journal, wo thousand vessels and
thirty thousand men and boys exposed TO the
cannon o British fleet and the cruetes and horrors OF
British prisons, for doing ust what they have for thirty
But let US upon what principle this other pre,en
sion is founded Those who sustain assert that the
far as his power physically reach in other words.
is predcated upon fiction. and BECAUSE since the dis
coyery OF Firearms. that power can be extended from the
coast given distance upon the to preclude
others from approaching it within that distance. the
ereigny reaches thus far Such is the foundation and
the only foundatlon upon which stands that extraord
nary night It's, at best, as you see but constructive
right; Z s nowhere held up absolute aud original
one. Well be i so. But, then, to what terms will you
reduce Undoubtedly 10 these, and none oherthat,
being founded upon the power OF the sovereign to
tend his armed hand beyond the shore, il reaches
far only that power is felt The rule OF law is,
doinium fnitur ubi fn1tur arn6rum usthe domain of
the land ends where The force OF arms terminates And
such seems to be The universally admitted OF
what, in diplomatic parance, and in the books treat
ing OF the law OF nations, termed the maritime ju-
rsdcton. And it is reasonable that it be So Alter you
have laid down the principle that the is free
that il is OF nobody, and therefore Of everybody-ihe
exception II exception there is must be kept within the
terms OF the fictitious right under which is claimed
within the point which the more powerful protector
reach from the shore-within cannons shot, in word
lhlfI
sndi,ur quo uque ormentd eIptodun eatenus guippe
imp rare tum possdere Uidetr Gallant, Hubner,
kiuber vatte, Azuni, Grolius, all concur in assigning
those limits to the land power over tho crcsmambient
sea- They were soemnly sanctioned by the treaty OF
l7SO constituting the armed neutrality. They had been
previously acknowled in the marine regulations
adopted BY Tuscany in ITS, by Venice in l779 and
found reairmed in those published by Russia in 1857,
and by Austria In lS03 and indeed, every convention
which has been signed since the closing OF the last
ury II such be the rule OF the right and the of
The supremacy to which nation may pretend over lit
toal sea- we have meaning for the words used in the
convention Of lSls we know what constitutes bay
gulf OF His MAJEsTYs DOMINION, or peDt- up sea- the
true and only mare causpn. Such bay, says an eminent
writer must communicate with the only by strait
so narrow that must be Teputed being part OF the
maritime domain OF the Stale to which the coast belongs
SO that you cannot enter it without going through the
territorial sea OF that Stae which means twice the dis
ance OF gun shot, or Six miles. IL is required besides
that all the coasts bordering such bay be subject TO the
State claiming such strait The two conditions must unite
to give to any part OF the the character of inter-
nal sea, or a mare ctaisum.
Our ENJOYS, them committed no oversight, and made no
such in the treaty OF 1918, admitted by
have mudged the sagacy TACT and subteness OF mind
OF such men Messrs Rush and Gallatn, and of the
wisdom and forecast Of that tar reaching, asiue alert
and discriminating dplomatist John O. Edams sup
pose that they had oil overlooked tho rsmss
OF language supposed TO exist in H. and surrendered
everything when they thought that without endangerng
any substantial interest they had secured much that
was valuable and good, am al loss TO conceive. A
more malured appreciation OF that instrument will re;
claim, have doubt, Mr.. Webster from his error, and
redeem ENJOYS and their luslrous compeer from the
foul stain which Tor time seemed to datken Their dpo-
matte escutcbeon
Tne convention OF 1918, therefore, excludes us from
part OF the l,toral washing her Macstys domn-
ions, without three marine miles OF the OF such
ttora seas, be they bays, gulls. other inets,
less the coast bordering the same be all under her
sovereignty and unless the strait formed by the head.
lands their entrance exceeds six miles in length The
question is here entirely solved and put at rest II only
remains to be ascertaned how distant be the headlands
the entrance of the bays OF Fundy, OF Chaeus and
elsewhere. Are they more widely apart than six miles
Then The bays are open and free the main
itself Are they within the line OF the six miles Then
they private bays, bays shut up from the
OF the rest OF mankind at the will Of the parious sover
eign, provided be be the lord of the whole coast
rounding them, and not otherwise Now, we know that
such is not the with the bays Just named Both
have entrance too wide TO be claimed private seas;
and independent OF this, the Bay OF Fundy is bounded
Part by the State OF Mane-a circumstance which alone
would preclude all pretensons the part OF England
make il hers am done with This part OF my subject
The next question which naturally calls my attention
is what been the object OF the British govern
ment n arayng within sight OF the fishing grounds the
imposing aTmaments whose appearance has created such
alarm among our fishermen and so much sharpened the
suscepbllltes OF this whole naonl We have no relia
BILE data which TO base even approximation Many
the surmisers and many the surnses Some suppose
that the object 10 STIR up and stimu the langud
energies OF diplomacy in reference TO certain nego
atoms about 10 be reopeDed with the United States OF
America, for the settlement OF the principles which
the OF the British North American colony is
/ hAF Her n he ha nf ~
John Packngton and OF the vice admiral command
ing the forces now plying within the waters OF New.
foundland and Nova Scotia, as quoted by MIR Web
ster himself. Others consider the movement hav-
ing originated in the arrogant and inconsiderate pol
icy OF her Majesty's ministers and IN their desire 10
manifest. through some bold and striking exhibition of
zeal and earnesness their anxiety TO pay long arreared
debt TO the undertaking toyism of the colonies by
der OF every protection II may be in the power OF the i'm
peral government to Afford Others again, have thought
that those demonstrations were made with view 10
strike terror in the minds OF the coonsts supposed 10
be Unaffected account OF their failing 10 obtain the
privilege they had asked 10 build railroad from Halifax
TO Quebec and there those, lastly, who cannot be
persuaded that the whole not deeply laid game to Try
in a diplomatic conflict, and ascertain how far we
might feel inclined to surrender this main dependence Of
our naval strength and important element OF our national
wealth.
There is that with naiisns whose fortune is TO have
hved and prospered under the assumption and exercise
OF rights which not theirs that they grow infau
sled with their oo-easly learned successes and become
rash, and daring and reckless ready tn Jump
ahysses OF difficulty IN pursuit OF cherished object and
IN the exavagsnt that whatever they wish TO at
tain II IS in their power grasp, and that whatever
they grasp - legitimatey theirs Such ~ England She
knows lies the in the great fountain OF your