The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-22

sep.tbpg refisshiDg IN The ssolid inactivity Of .
Lord MalnssbuSy. II cur brethren u ths press, on
the other side Of The water, bswai tho loss Of
who furnished them with nstsrial for Ut least three
leaders . week, the British public have reason to
rejoice that the present chief Of the Foreign Office
is equally incapable Of evil and Of good The esti-
mate which men Of sense formed Of his capacity,
from his ally distribes against America, when in
opposition, has been amply veriasd by his .buDgng
conduct when in Office He has disgustod his own
pary-vhe would gladly send him 70 Paris to re-
place Lord Cowley, il they were not afraid Of his
Involving the cabinet in some serspe with Louis
Napoleon-ana has csntrived TO increase the mea.
sure Of contempt with which the wings have been
ccustomed to regard him, Bcief as his tenure Of
power has been, he has already proved that he is
rot uDmindful Of family claims, BY directing the
stream Of patronage ON the head Of his brother;
and has given the world brilh ant example Of gal
lan.ry, by lending . ready ear to the intervention
Of fair petitioner If he but reign short while
longer he win have left Earl Grsy's nepotism far
behind and restored the good old days Of tory cor
ruption.
This is the man to whom Britain has deloga ted
the duty administering her foreign relations with
this country If Sir James Graham consents to
allow Earl Derby 70 retain power-and, in the pre-
sent unsettled state Of parties in England, we
think it not impossible that he will-ws mast look
to Earl Malmssbury for = definite arrangement of
the various disputes which are arising between
Great Britain and this repnblie. Were they ever
30 simple, the chances are strongly in favor Of his
being inca pabls to unrsvsl the sken, entaDgled as
il Is. We look forward with peculiar curiosity
-. ~ AZ III - Il
macy. Let MS hastily glance over the questions
which he win have to determine.
We need not remind our readers that the point
in dispute in the fishery business is, whether the
marine league secured TO the Bitish c0lonsts ID 10
be accounted from the headlands or the shores Of
"bays" Thanks to the discussions which have
appeared in print on the subject, everybody kno W.
that Britain sticking to tho letter Of the treaty Of
1873 captured our fishermen when they approached
within three miles of the entrance Of the colonial
bays while Mr.. Webster claimed more liberia
construction Of the treaty, and argued that the
three miles should be measured from the shore,
irespectve]y Of indenta TONS 1t s, also, tolsraby
well known by this time, that the news Of the
settlement Of the dispute was premature, and that
matters are in statw quo ante kLlum. Though the
dispatches received from Mr. Lawrence at Washing
ton, by the last steamer, that the difficulty has
been arranged, the very Same vessel brought de-
spatches from Earl Malmesbury to Mr.. Champion,
stating that the negotiation has not advanced
single step. We have reason to believe that Eari
Malmesbury is quite ready to accede to Mr.. Web
ster's demands; but he will find little hitch in the
records of the Colonial Office. Some twenty years
ago, the fishermen of the Bahamas were in the
habit Of catching turtle the coast Of Florida
They did not fab within q marine league of the
shore, but had scruples at pursuing their trade
on the reefs within the bays. The residents OF
Florida complained; and, on their representations
Governor Westcott sustained the view, that it was
illegal for the Bahama fishermen to catch turtle
uiihin te miles of the outside reefs or headlands
On appeal to Washington, this Interpretation Of the
treaty was upheld by the cabinet of General jack
son. How viii the negotiators get over this pre-
ccdsnt!
ASain, Earl Malmesbury has three distinct in
terssas to conc;liate-the commercial interest in
Britain, which would sooner give up the fisheries,
cod, mackerel, and all the other denizens of the
deep, than run the risk Of war with this
Countrywide theoretical politicians of tho colo
mics, who insist on the protection of rights
which they undoubtedly possess, and which
this very Lord Malmesbury promised, only few
weeks sg to confirm and nerease-and, finally, the
fishermen and other inhabitants Of the seashore of
Nova Scotia and the British colonies who, strange
though it appear, are directly interested in the
adoption Of the American Interpretation of the
treaty. For, of the vessels which have been seized
for infringing the colonial monopoly, it is we'll
known that a large proportion were really manned
and sailed by colonists, to whom their cargoes be
longed, and who carried on the fishery in American
bottoms in order to evads the navigation laws and
claim the bountes allowed by this country. Nor
bona tide trespassers less beneficial to the set
tiers on the coast The traffc-the demand for out.
fit ard supplies, which they createdis an object to
the villages scattered along the shore. If the
British Foreign Secretary, adhering to precedent,
refuses to abate his origina pretensons, the NOR.
chants and the Of the English people will agi
tate till they drive his party from power !; aud
while the petty politicians Of Fredericton and Hall
fax plume themselves on their victory, the fishing
population of the colonies will be we'll nigh ruined
If, on the other hand, he yields to Mr. Webster,
Sir John Pakingtons despatch to the colonial gov
ernors win stultfy him.
Other questions will, doubtless combine with this
one, and complicate the negotiation. Canada has
low been many years petitioner for reciprocity.
from humble requests, she has passed loud threats
She will, If wo to believe her ministry, close her
canals, impose dierental duties and resort to
riety ofterrbe measures to extnguish this country
if We do not grant this long sought for boom Il is
Dot improbable that this subjectwill occupy lead
ing place in the negotiations respecting the fishery
dispute. Lord Malmesbury will demand that recip-
rociy be granted to the colonies, in exchange for
the loss Of their cod. Nova Scotia and New Bruins
WAX, on whom the loss would fall, would be as clam
as the manufacturing interest of this country,
which would, probably, not participate in the cx-
change but Canada, and large section of the
North, would be delighted with the bargain.
Again, If a new treaty between the States and
Britain be on the taps, the shipping interest will
insist on some modification Of the existing law I'm