New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-16

prove to her Msjesty's Judges Of Vice Admiralty
that his usual stock of those articles for the
VOYAGE had been exhausted or destroyed
Lord Falkland when in America, much re-
spected, and deseredly so; but | repeat that
the sixth query proPounded to the crown lawyers
is utterly and Internationally dsg, aceful to him.
Again. say the Queen Advocate and Her Ma
lesty's Attorney General: American citizens
have no right to land, or conduct the fishery from
the shores Of the Msgdalen Islands, and they
arrive at this conclusion fern the following course
Of reasoning: I" must be observed, that by the
Treaty, the liberty Ct drying and curing fish
purposes which could only be accomplished
by landing) in any of the unsettled bays, &C., Of
the southern part Of Newfoundland, and Of the
coast of Labrador, is specifically provided for;
but such liberty is distinctly negatved in any set
'tled bay, &C. and it must, therefore, be inferred
that the liberty Of landing on the shores Of the
Nagdaen Islsrds had been intended to be con.
ceded, such an important concession would have
been the subject Of express stipulation, and
would necessarily have been accompanied with
description of the inland, extent of the shore
'ovcr which such liberty was to be exercised, and
whether Ill settled or unsettled parts, but nei-
ther of these important particulars are provided
for, even by implication"
But will these learned gentlemen explain why, the
word shores is used in the Convention in connection
with the right to be enjoyed at these Islands, while
the term coast and coasts, is ploy ed when
dening our privileges at Newfoundland and Labra-
dor2 The reason is very obvious to all practica
men. The Newfoundland and Labrador fisheries
are cod fisheries the Magdaen fishery is her.
ring fishery. The shores of the Magdalsn Islands
are not wanted for the purpose Of "drying and
curing fish," as are those At Newfoundland and
Labrador, but for using nets and seins. With all
Difference, then, their argument is no; pertinent
The right to use the implements employed by
British subjects at these Islands, is indisper sible
to our enjoyment Of the herring fishery there. The
herring is never split and dried like the cod and
except that it is merely sailed when taken, it IS
always cured at our own ports. Hence, there
no conclusions to be drawn from a statement o.
the liberties to be enjoyed by US in another, and
very different fishery. Yet according to the
crown lawyers, because, we cannot erect fishing
stages, and dress, and dry, the cod on one coast
save with limitations, we cannot catch herring on
the shores Of these islands. Now, insist that, the
change of the term "cOdSt' and "c0astS," to
shores" was meant expressly to give US the pre-.
else right which these gentlemen deny to us. To
have said in the Convention, that we might take
fish, on the coast or coasts of the Msgdalen Is.
lands, as really is said, when speaking of the cod
fishery, would have amounted to nothing but
since the herring fishery requires the of the
shores, and withom the use Of Tie shores cannot be
prosecuted az the common ray, the reason why the
right was increased in this fishery, is too manifest
to need further illustration.
Still, as it is argued, that " if the liberty of
landing on the shores of the Magdalen Islands had
been intended to be conceded, such an important
concession would have been the subject of express
stipulation" &C., it may be proper to add, that
the same objection may be urged in the definition
of every stipulation contained in the Conven-
ton. An express stipulation was more me-
cessary, with regard TO "a description of the
inland extent of the shore, over which,, we might
catch behring's, than of the extent of the sea
lover which we might sail, in our pursuit Of the
cod. 1t was proclaimed in the House of Com
mons, more than two centuries ago, by Coke-that
all "lrs incidents" 1t is exactly so. The term
shores" in the Convention, as applied to the her
ring fishery, at the islands in que ston, includes Of
necessity all the " incidents all the privileges
known to, and operations common among fisher
men, and which are necessary to conduct it safely,
economically, and advantageOusly. This is the
law of common sense-written everywhere but in
the document be fore US.
The Magdalen Islands, seven in number, are in
the Gulf of St. Lawrence, and about forty miles
north. westerly of the Islands of Cape Breton.
They originally belonged to the French, and were
first granted, | suppose, in 1868, to the Sieur
Doubett and his associates, as fishing station,
under the feudal tenure, as fef Of the Royal
Company of Miscou. Their first English proprie-
tor was Col. Richard Gridley, of Massachusetts,
to whom they were granted in reward of services
in winning the fishing grounds now in dispute, for
the crown of England. Gridley it will be re-
membered, served with Pepprrell in the seige Of
Louisbourg, and Wing in the Revolution; he
laid out the works on Bunker's Ill., and
became, subsequently, chief engineer of the
the Continental army. The Magdalens, az the
present time, belong to the estate of the late Ad
mral Sir Isaac Gotta. Many Of the inhabitants
are lneal descendants of the Acadians, who, in
1906 made the first permanent settlement in
North America under De MontS, the original
French grantee of Acadia and Nova Scotia
The herring fishery, at times, is very extern
sye. The catch, in some seasons has been from
0,OCO to 100000 barrels and as many as 80 ves-
sells from the Uuited States have been seen there
at once. The quality Of the fish is, however
poor and except as means Of employing small
vessels eaIl, in the fishing season, the fishery may
not he Of great national alue. But our right toit
with all It's incidents is to be defended in the
last re,ort with the whole ply sical force of the
country for all that, and even though cur flag APP