The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-07-21

.aid fishermen to dry or cure fab at such potion
40 settled. without previous agreement for suct
purpose. with the inhabitants, proprietors, OF
posses sors of the ground.
And the United States hereby rsnounce for
ever any liberty heretofore enjoyed or claimed
by the inhabitants thereof, to tabe, dry, or cure
fish, on or within three marine miles OF any oil
the cossts bays, creeks, or harbors OF her bri-
tannic Msjssty's limits. Provided, however, that
the American fishermen shall be admitted 10
enter such bays or harbors for the purpose OF
shelter, and Of repairing damages therein, and
purchasing wood and obtaining water, and for
no other purpose whatever. But they shall
be under such restrictions as may be necessary
to prevent their taking, drying, or curing fish
| tn rein. or ia any other manner whatever ahus-
| ing the privileges reserved them"
IL " ould appear that by strict and rigid con-
struction of the article, fishing vessels Of the
United States are precluded from entering into
bays and harbors of the British provinces, except
for the purposes of shelter, repairing damages
and obtaining wood and water. A bay, as ia
usually understood, is all arm or recess of the
sea, entering from the ocean between capes and
headlands, and the term is applied equally to
small and large tracts of water thus situated 1t
is common to speak Of Hudson Bay or the Bay
of B ey, although they are very large tr c.s Of
water The British authorities insist that Eng
land has right to draw line from headand to
headland, and to capture all American fishermen
who may follow the pursuits inside of that line.
1t was undoubtedly an oversight in the conven-
ton Of 1918 to make 80 large concession to
England, since the United States had usually
considered that those vast inlets or recesses of
the ocean, ought to be open to American fish
ermen freely as the sea itself, to within three
marine miles of the shore. In 1881, the legisla
ture of Nova Scotia proposed case for the
consideration Of the Advocate General and At.
torney General of England, upon the true con
struction of this article of the convention.
The opinion delivered by these officers Of the
crown was, that "by the terms Of the conven-
ton American citizens were excluded from any
right of fishing within three miles from the
coast of British America, and that the prescribed
distance Of three miles is to be measured from
the headands or extreme point of land next the
sea Of the coast, or of the entrance of bays or
indents of the coast, and consequently no right
exists on the part of American citizens to enter
the bays Of Nova Scotia, there to take fish,
although fishing, being within the bay, may be
at a greater distance than three miles from the
shore of the bay, as are of opinion that the term
headland is used in the treaty to express the part
of the land we have before mentioned, including
the interior Of the bays and the indents Of the
coast"
The vessels of war mentioned in the above
circular despatch are expected to be upon the
coast of British North America during the pre-
sent month, Culy,) when no doubt, seizures
will begin to be made of American fishing YES
sells, which, in the autumn, pursue their bust
ness intents on the coast--from which, it is con-
tended, they are excluded by the convention of
1918.
1t ia this construction of the intent and mean
ing of the convention of 1918, for which the
colonies have contended since l84l, and which
they have desired should be enforced.
The English government has now, it would
appear. consented to do, and the immediate eff.
feet will be the loss of the valuable fall fishing
to American fisheries, complete interruption
of the extensive business of New England, at
tended by constant collisions of the most I'M
pleasant and exciting character, which may end
in the destruction Of human life, and the invov-
ment of the government in question of very
serious nature, threatening the peace of the two
countries.
Not agreeing that the construction thus put
upoE the treaty is conformable to the intentions
of the contracting parties, this information is
however, made public, 10 the end that those con-
cerned in the American fisheries may perceive
how the case at present stands, and be put upon
their guard The whole subject will engage
the immeiiate attention of the government.
DANIEL WEBS TER
Secretary of State.