Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-08-09

non " hich has OF late, been often asked. he
fore proceed briefly. to examine ;his question
Of the fisheries. and 10 show what We claim.
under the treaties that have been made. and
what claimed by Great British, think
may safely say. that there is but very !itil
prospect of fight; and. that when the smoke
Of the tx. itemrrt. caused by the Announcement,
of armed vessels SO near our coast clears away.
our fishermen will lie found. as ever before.
fishing thctay of Fund Wand the hay of Chal
eur, but not perhups.in the little bays and har
burs that ndent the coast
BY the treaty orl7S3 made Immediately on
the close of the war. American fishermen had
liberty ',o take fish Of every kind. on such
part of the coast Of New foundland, (but not to
dry or cure the same on that island) and also.
on the coasts. bays. and creeks of all other of
his Briianic Majesty Dominions in America"
In addition TO this liberty TO take fish. the in
habitan,s of the U. S. are also, guaranteed the
Liberty to dry and cure fish. in any of the I'M
settled bays. harburs and creeks Of Nova SEQ
tia, Masdalen Islands. and Labrador. so long
| rs the same shall remain unsettled" The in
habitanis ofthe u. S. were also ITO continue 10
enjoy, unmolested. the right to take fish Of
every kind, the Grand Bank and all the
other hanks Of New foundland, also in the
Gulf of St. Lawrence. and at all other places
IN the sea, where the Inhabitants of botn coun
tries, used at any time heretofore. to fish,
1t will be perceived by the extracts have
given from the treaty Of 1888, that the liberty
to take fish on the coasts, bays. creeks or har
bors belonging to Great Britain, was ENJOYED
by the inhabitants of the United States. almost
equally with British fishermen, and that they
wsra A "a Al IL.
were to dry and cure their fish, This unre-
strcted liberty was the source ola good deal
of annoyance to the colonies, and the ground
of many complaints, md was the cause Of the
insertion of the article relative TO the fisheries,
| in the Constitution of 1918.
BY the law of nations the dominion of
| country extends three marine miles beyond
the coast; aud consequently the crown of Grcat
Britain had right to exclude our fishermen,
from taking as well as drying and curing on
or within league of the coasts, over which
this Dominion extended. This however, was
| nor done by the treaty Of 1888.
| The treaty of 1918 continued to the inllabi.
tants of the United States, the liberty oft.king
fish Of every kind. "on that pat Of the South
ern coast of Newfoundland, which extends
from Cape Ray to the Rauicsn Islands, on the
western and northern coast of Newfoundland.
from said Cape Ray to the Qniripon Islands
on the shores of the Magdalen Islands, and also
on the Coasts, bays. barbors. and creeks from
Mount loby. on the Southern coast of Labra-
dor, TO and throughthe straits of Belle lc,and
thence northwardly. indefinitely along the
coast; without prejudice. however. TO any Of
the exclusive rights of the Hudson Buy Com
pany" 1t also gave them he"liberty. forever.
10 dry and cure fish in any of the unsettled $50
long as they IL mained unsettled bays, harbors.
and creeks of the Southern part Of the coast
OF Newfoundland, hereabove described and
OF the coast of Labrador" And by this same
| treaty the UI.lied States rcnounced ''forcver,
| any liberty heretofore enjoyed Or claimed by
the in habltants thereof to take, dry. or cure
hsh. on or within three marine miles of any Of
the coasts. bay s,creeks. or harbors of his Britain
ic Majesty's dom:nions in America not included
within the above mentioned Limits" THAT is The
limits mentioned in the extracts given above.)
"ProFld-d, however. that the American fisher
men, shall he admitted to enter such bays or
harhors, for the purpose of shelter and repnir-
ing damages therein. Of purchasing wood, and
OF obtaining water, and for no other purpose
whatever. But they shall be under such re
taking. drying. or curing fish therein; or in
any other manner " hatever, abusing The priv
ileges hereby reserved 10 them"
According to the British construction of this
treaty, the American fishermen are excluded.
not only from three marine miles Of the coast,
but from all the bays, creeks, harbnrs, all in
dents Of the sea; the bays and indents of the
sea, being included within line drawn from
n 4 Il I
American fishermen from the bays of Iundy
and Chaleur This is the Interpretation given
to the treaty, by the law officers Of Great
Britain, ana the one which Great Britain. il is
said, nov intends TO enforce. For over thirty
years, slnoe. the treaty was made. this con
-,ruetiun las never been enforced, and the
Inhabitants of the United States, have enjoyed
the liberty Of fishing in the bay of FunJy,
and the other large bays and indcn,s Of the
coasts Of Nova Scotia and New Brunswick,
and the iust!uc'icr- &c the Colonial Secretary
in ISIS gave it TO them.
On the par, Of the American Government.
it is commended that it was not the intention of
the high contracting parties, 10 exclude Amer
lean fishermen from bays that were more than
six miles in width-that. such bays as the
Fundy and the bay OF Chaleur. should be open
al. Ike to the inhahitants Of both nations In
deed. the provlso in the treaty. which allow ed
American scamrn to enter the bays for the
sake of shelter and 10 repair damages, shows
tins to have been the understanding of the con
tracing parties; for the larger bays cannot be
considered in the light of bays for shelter 10 a
storm. This construction is a'so given to i, by
some OF the Colonial papers. who assert that
ii Is not the intention Of the Home Government,
TO enforce the legal Interpretation of the treaty,
but merely to exclude American fishermen
from bays that are six miles in width and un.
der
1t, is thought that the object of the Colonial
Government, in asking rigid enforcement of
the treaty, i to compel us to acccde 10 their
demand Tor Reciprocity Of trade And, it is
said further, that it will probably have that CT.
feet. that the Committees on commerce in boil,
Houses. are preparing a bill to make the field.
f"est and sea alike. free 10 both nations. and
that this " Ill not only be of immense ,eneft TO
British fishermen. throwing open our ports TO
them but enable the American fishermen To
make FIVE dollars. where they make Two now
The assembling in the bay of ST. Lawrence,
a Brush feet of nineteen armed vessels, to
enf,rcc the British CONSTRUCTION ofihe treaty,
which has practically been allowed 10 receive
different construction for the last thirty
years, ought to be promptly noticed by the
Am. rican Government. sending To those wa
tiers an American feet equally as large. to