The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-05
THE FISHERY TROUBLES
IMPORTANT OFF CIAL CORRESPONDENCE,
Be-, 60, &c.

To THE SENATE or THE UNITED STATES
In to the resol ution Of Senate Of the 2d
uitimo requesting information in regard the fisheries
on the coasts OF the British possessions In North America
transmit report from the Actog Seer tary OF State
and the documents by which 1t wa accompanied Com
modore NJ q. Perry, with the United States steam
frgate Mississippi under bis command has been des-
patched to that quarter for the purpose Of protecting
the rights Of American fishermen under the eonysntoD
of1s1s. WILLARD FILLMORE.
WASHINGTON, I'd August 1852
To THE PRESIDENT THE UNITED STATES
The Acting Secretary Of State to whom has been
TERED the resolution of the Senate of the I'D ulf
qucsting the President to communicate to that body II
not incompatible with the public interest, all
pondence file in the Executive partments with the
government o. England or It's dpiomatc representa-
and Great Britain OF the 10th ofOctobc 1915 touching the
fisheries the coasts ofthe British possessions in North
America and the rights OF citizens OF the United states
engaged in such fisheries secured by said convent0n
and that the President be also requested (undsr like
limtation) to inform the Senate whether aay of the
naval forces Of the United been ordered to
the seas adjacent 10 the british possessions in North
America, to protect the rghts Of American ashcrmsn
under said convention OF 1873 since receipt nte-
gence that large and unusual Brtsh naval force had
been ordered there to enforce certain alleged rights Of
Great Britain under said convention has the honor
lay before the President the accompanying papers.
These together with those communicates the senate
on the 18th OF February 1919 but which it appear from
the journal Of that body ord to be printed
embrace all the info nation possessed by this depart
ment on the subject of the said resolution Respectfully
submitted, W. HUN FER, Acting Secretary.
DrrARr,nSr STATE. Washington, August ID, 1852.
LIST OF ACCOMPANYING PAPERS.
Mr. Adams to Mr.. Canning with enclosures), 18th
Mr. Canning to Mr. Adams. Ist July, 1923
Mr. Addington to Mr. Adams with enclosures), 18th
October 1923.
Same to same, 10th June, 1924
Mr.. Brent to Mr.. Abingdon sth september, 1921.
Same to same, 2lst September, 1874
Mr.. Addingon to Mr.. Adams with enclosures), 81
October 1924.
Mr.. Brent to sr. Vaughan, 20 February, 1926.
BIr Vaughan to Mr.. Clay 9TH February 1926.
Same to saule, 10th April 1926
Mr. Bankbeod to Mr. Forsyth with enclosures), 9th
January, 1886.
Mr. forsy th to Mr. Bankhead 18th January, 1895
Dir. Bankhead to Mr.. FORSYTH 18th January, 1885.
House Doc. 1856 Goth Congress, lst Session.
Mr. Everett to Mr.. Calhoun with encosures), 25th
March, 1915
Same to same with enclosures). ID April 1916
Same to same (with enclosures 23d April, 1915
MIR Buchanan to Mr. Bancroft Cons enclosure), 10th
December, 1886.
Mr. Bancroft to Mr.. Buchanan, 4th January, 1917.
Mr.. Hunter to Mr.. Champion. 1sth July, 1852.
MR.. EVERETT TO Mr. CALHOUN.
Extracts.I
LONDON March 25 1916
s--You are aware that the construction Of the first
article of the convention between Great Britain and the
United States Of 1878 relative To the right OF fishing in
the waters OF the Anglo American dependencies has long
been in discussion between the two governmental In
strucons this subject several times addressed
by Mr., Forsyth TO my predecessor particularly in
despatch Of the 2eth Of February ISL which formed the
basis Of able and elaborate note from Mr. Stevenson
to Lord Palmorston of the 9th of the following month
referred by the Colonial Office the provincial govern
ment of Nova Scotia but no other answer returned
to them.
The exclusion of American fishermen from the waters
Of the Bay of Fundy was the most prominent OF the
grievances complained OF behalf Of the United states
Having received Instructions from the department
in reference to the seizure of the Washing
ton of Ncwburyrort, Tor fishing in the Bay OF
Fupdy, l represented the 10 Lord Aberdeen
in note OF the 10th OF August 1913 An answer was
received to tae note the 18th Of April following in
which Lord Aberdeen himself to 81 atipg that nv
the terms OF the Convention the citizens United
States not allowed 10 fish within three miles of any
bay upon the the British American colonies and
could not, therefore be permitted to pursue their vocation
within the Bay of Fuudy, replied to this note on the
25h of May following and endeavored to show
the pit and design of the first article of the Convention
OF 1915 to reserve to the people Of this United States the
right OF fshing within three miles of the coast. Some
remarks the state OF the controversy at that time will
be found in my despatch No 1870 OF the 10th Of May last
On the 9Th Of October last in obedience your instruc
tons No l05 addressed note to Lord Aberdeen ref
to the Of the Argus OF Portland which was
captured while fishing St Annes bank off the north
eastern coast Of Cape Breton The papers relative this
lett the precise grounds of the seizure OF the Argus
In some uncertany 1t was however, sufficiently appa-
parent that they were TO some extent at least similar TO
those for which the Washington had been captured
lrcceiyed few days since, and herewith transmit
note from Lord Aberdeen containing the satisfactory
intelligence that after consideration OF the subject, al
though the Queens government adhere to the construc
ton Of the Convention which they have always main
tsncd they have still the determin alton Of relax
log from IT, far to allow American hermcn to pur-
sue their ayocation in the Bay of fundy.
thought it proper in repIyin to Lord Aberdeen note
TO Iecognzo in ample terms, the lor spirit evinced by
Her Mujestys government in relaxing from what they
consider their right At the time / felt myself
bound to say that the United States could accept
mere favor, whit they had always claimed matter
q right, secured by the treaty.
LORD ABERDEEN TO Mr.. EVERETT.
FoREIGS OFFICE. March 10, 1915
The undersigned her Mjestys principal Secretary Of
state for Foreign Affairs duly the Colonial
Department the note which Mr. Everett Envoy Extraor-
binary and Minister Penpotentary United states
OF America did him the honor address to him
10Th OF May last, respecting the Of the Wash
ipgt on fishing vessel and the general question Of
the right of United states hermtn pursue their call
ing in the Bay Of Fundy and having shortly since re-
ceiyed the OF that department undersigned Is
enabled to make reply to MIR Eyeretts commune
cation which he trusts. will be found satisfactory
In acquttiBg himself of this duty, the undersigned
VIII not think II necessary to enter into Icing hened
gumept in reply to the observations which have differ
ont times been submitted to her Majestys government
by MIR. Stevenson and Mr. Everett on the subject
of the right of fishing in the Bay of Rundy as
claimed in behalf Of the United States citizens.
The undersigned will conhne himself 30 stating that
after the most deliberate reconsideration the
subject and with every desire to do justice the
United states and TO view the CLAIMS put
half Of American citizens in the favorable light
her Najestys government are nevertheless still
strained To deny the right OF United states citizens under
the treaty of 1918 to fish in that Of the Bay of
fundy which from its geographical position may proper.
y be considered included within the British posses
Sons.
Her Majesty's government still maintain ami in
TINS view they are fortified by high legal authority that
the Bay Of Fundy rightully claimed by Great Britain
es bay within the meaning Of the treaty Of 1913 And
they equally maintain the position which laid down
In the note If the Undersigned dated the 18th OF April
last that with regard TO the other bays the British
.fAa..n lT.s 81