The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-05

treaty Of 1918 TO fsh in that part Of the Bay
may properly be considered = included within
the British possessions and also to maintain that
with regard 70 the Other osys on the British Amsri
the right 10 fish wi hin three miles Of the
entrance OF such bay as designated by line drawn from
headland to headland at that entrance
Load Aberdeen however informed the undersigned,
that although continuing maintain these positions
sensible to the advantages which might accrue both
countries from relaxation it's exercise that they
are anxious while unfolding the just claims Of the Bril-
th crown TO evince by every reasonable concession
their desire TO act literally and amicaby towards the
United States; and that her Majesys government have
accordingly the aon relax in ia
of the United States fishermen the right which Great
Britain has hitherto exercised excluding those Usher
from the British portion Of Bay Of Fundy aud
prepared to direct their colonial authorities To aow
henceorward the Unteo states fishermen TO pursue tnr
avocstions in any part Of the Bay OF tunu
DO not rpproach except IN the cases Pecineu IN the
treaty 1878 within three miles of the entrance OF any
bay on the Of Nova Scotia or New Brunswick"
The rsgBcd receives with great satisfaction this
communication ffom Lord Aberdeen which promises the
permanent removal of frui ful cause of Disagreement
bet~ecn the two countries IA reference to valuable
portion Of the fisheries question. The government of
the United States. the undersigned Is persuaded viii
duly appreciate the friendly motives which have led to
the determination on the part Of her Maestys govern
meDt announced in Lord AberdIens note and which he
doubts not will have the natural effect of acts ofbeaty
between powerful States of producing benefits to both
parties beyond any immediate interest which may be fa
yoIahly affected
While he desires however without reserve to express
his OF the amcable disposition evinced by her
Msj.sty's government on this occasion in relaxing
favor Of the United the exercise what after
deliberate ration fortified by high legal authority
Is deemed unquestoncd right of her Majesty's CO.
vernnent tee undersigned would be unfathful to his
duty did he omit to remark to Lord Aberdeen that
arguments have any time been adduced to shake the
confidence of the of the United States in their
own construction Of the treaty. While they have
been prepared 10 admit tn IN the letter Of expires.
sion OF that instrument there is for claiming
Alright to excluos uited states fishermen from the Bay
Of fuDdy at being difficult to deny to that of the
SEA the name of bay which long geographical usage
has assigned 70 IT'D they have ever srenuously maintain
ed that is only theic construction of the entire
article that its known design in reference to the regua
ton OF the fisheries admits If being carried into effect
The undersigned does not make this observation for
The sake Of deractipg from the berty evnced by her
Majesty government in relaxing from what they regard
their right but il would be placing his govern
ment in false position TO accept favor that for
which they have so long and strenuousy commended
Que to them under the convention.
Ii becomes the more necessary to make this observa
ton in consequence of some doubt the extent of
The proposed raxaon Lord Aberdeen after stating that
her Matsiys government felt themselves constrained
TO adhere to the night Of excluding United States
fishermen from the Bay of Fundy. and also, with
regard 10 other bays the British American coasts to
maintain the position that no United States fisherman
has under that convention the right TO fish within three
mhes OF the entrance Of such bay as designated by line
drawn from headnd to lea dand at that entrance adds
that while her Majesty government sill, feel themselves
bound TO maintain these positions matter OF right,
they not insensbie TO the advantages which would
accrue to both countries from the relaxation of that
Tight
Ihi form of expression might seem to indicate that
the relaxation proposed had reference TO both Positions
but when Lord Aberdeen proceeds partic-
pxIIy nature and extent he confines it to permits
zion TO be granted TO the United States fishermen
pursue their avocations in any part Of the Bay of Fund
provided they do not approach except in the spec
fed in the treaty Of 1878 within three miles of the
of any bay on the coast Of Nova Scotia and New
brunswick (Which entrance is defined in another part
o LORD Aberdeen's note being designated by line
drawn from headlard TO headland
In the case OF the Washington; which formed the
subject of the of the undersigned Of the 25th May
1S44 20 which the present communication of Lord Aber
deem reply, the capture complained of in the
ters OF The Bay OF fundy The principal portion OF the
OF the subject and be is certainly under the impression
that ii s the point of greatest interest in the discus
which have been hitherto carried on between the two
in references TO the United States right Of
tshery on the Anglo American coasts. |
In the however. of the Argus. which was |
treated the of the undersigned of the 9th Of 0c
toher the capture in the waters which wash the
nor III eastern coast Of Cape Breton portion of the At
lanc intercepted indeed between straight lire
d from Cape North 10 the northern head of Cow Bay
but possessing Ct the characters Of bay ar less SO
tie Eay Of Fupoyl and not called bay = any
map which the undersigned has The aforesaid
Line is degree of latitude in length and as far re-
lance be placed Oh the only maps English ones)
iu possession of the undersigned which this
is distinctly laid Gown 1t would exclude vessels from
fishing grounds which might be thirty miles from the
shore.
Lord Aberdeen. in his note of the 10th Instant the
OF the Argus, Observed that as the point OF the
construction the Convention Of 1915 i'll
the right of fishing in the Anglo American dependencies
by citizens of the United States is treated iu another
note Of the undersigned Of this date relative to the
case OF the Washington the undersigned abstains
f. en- again touching on that subject
This expression taken by itself would seem to
thorise the that the where these TWO
yessels respectively captured would be held sub
iect To the same prncue whether of restriction or r.
taxation. as indeed all the considerations which
TO the undersigned having probably led her Mfjesty
to the relaxation in reference to the Bay Of
Funny exist in full and superior force in reference
to the the northeastern coast Of Cape Breton
where the Argus was seized But if her Majestys pro-
yiDcia authorities permitted to regard bay any
portion Of the which can be cut oil by direct line
connecting two points OF the coast however destitute in
other respects OF the character usually implied by that
only will the waters the northeastern coast
OF Cape Breton but many other parts Of the shores Of
the Anglo American dependencies. when such exclusion
has not yet been thought of be prohibited to American
fishermen. In fact the waters which wash the entire
southeastern Of Nova Scotia, from Cape Sable to
Cape Cansc distance . straight line. of rather less
than three hundred miles would in this way constitute
bay from which United States fishermen would be ex
cluded
The undersigned however forbears to dwell on this
subject being far from certain comparison of all
that is said in the two notes Of Lord Aberdeen Of the
tvs that il Ii intended to embrace the
waters Of the northeastern coasts of Cape Breton well
az the Bay Of Rundy.
Lord Aberdeen towards the of the note in which
The purpose OF her Najetys government is communi-
Gated invites the attention Of the undersigned the
fact that British colonial FISH at the present time
cuded by pIobhitory duties from the markets of the
United States aud suggests that the moment at which
The British government making liberal concession
TO United States trade might be deemed favorable for
counter concession the part Of the United States to
British trade, by the reduction Of duties which operate
preiudcaly to the interests Of the British colonial
fishermen.
The undersigned is. Of course without instructions
which enable him make any definite reply this sug
gestion 1t doubt true that the British colonial fish,
far duties concerned, enter the United States
market at all 70 some disadvantage The government
Of the United States he is personally persuaded, would
gladly make any reduction In these duties which would
seriously inure the native fishermen but Lord Aber
deen aware that the encouragement of this class of the
Etafarng community has been considered well in
the United States Great Britain resting peculiar
grounds OF expcdency Its the great school not only Of
the commercial but q the public marine and the highest
considerations Of oIa policy require il TO be fotered
The British colonial fishermen possess considerable ad
yantages those OF the United States The
fisheries OF Newfoundland and Labrador considerably
accessible 60 tho colonial than TO the United
fhcfmen The Gshiug grounds the coasts of New
Brunswick and Nova Scotia Astounding in cod mackerel
md herring lie at the doors Of the former He is there
fore able to pursue his avocation in smaller class
OF vessels, and requires smaller outfit. lie Is
all md anin 10 dunn,