Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-07
THE FISHERY CONTROVERSY.

1t would appear from statement in the " New
Brunswicker," published at St. Johns, that tho
British Government did not design to 20 beyond
the construction Of the treaty Of 1915, under which
our fishermen have heretofore proceeded The
Brunswicker SAYS:
Mr. WEDsrER labors under the impression that hel
Majesys Government is about to enforce the convention
strictly according to the opinion of the law officers OF
England We believe that such is not the case FoI
years past there has been tact understanding that
American fishing vessels should only be excluded from
bays or nets OF coast which less than six miles
wide, and within which American vessels could not fish
unless within three miles of the land either side
or the other There is not the slightest necessity for
srainng the terms of the conventions for is notorious
that American fishing vessels pursue their business every
where the shores Of these provinces within three
miles Of the land where only in the they get
best hshng and 1T is to prevent this fragrant and
knowedged breach of the convention that the present
movements are taking place. Yankee fishermen them
selves will not pretend deny that they fish wrongfuy
their usual is that necessity compels them to yo-
late the convention"
The Gloucester (Mass) Telegraph" has the
following article on the subject of the late seizure
of American vessels, which, if correct would relieve
the late affair of every thing like serious difficulty
though according to the Telegraph there have been
| illegal seizures heretofore The Telegraph says
1T would appear from the account published that the
seizure in the Bay of Fundy legal one, it
said the vessel was fishing not more than a musket
shot from the shore But there have been seizures Of
vessels when they fishing outside of the prescribed
limits The seizure of the schooner Tber of Gloucester
last fall the Bay of ST. Lawrence case in point
The vessel was in company with large feet but having
shot out from among them, she boarded and seized
the cutter upon pretenee of violating the treaty when
there hundreds who could testify that she was five
miles from shore while fishing. Had she remained with
into port and upon pare hearing condemned and
sold, costing the previous s. 500 to obtain
possession Of her again
" similar cases, we apprehend, will occur this season.
me Nova Scotia people the persons be feared
There is spirit of jealousy towards among them and
they viii do all In their power to modest people and
drive them off, They will hesitate to make seizures
and have the vessels condemned upon pare evidence
and our hshing owners must be yigant in making
their grievances known to Government if they wish to
preserve their property Instruct the crews to conform
to the treaty it has been understood heretofore and
let them scrupuousy avoid trespassng upon the nhab
tants or fishing or curing within three miles of the shore
IT, then, any seizures made give immediate informa
ton to Government possible after it is known
here and there cannot be any doubt that Mr. Webster
will do all in his power to obtain their release and if
illegally SEIZED satisfaction for the detention
So far as yet known to us, (says the New York
Journal of Commerce. no American fishing vessel
has been seized which had not been guilty Of pal
pable violation OF the Convention Of 1878, accord
ing TO the construction pat upon II By the americans
themselves In the only two cases which have been
tried the evidence conclusive that no defence
was attempted. Witness the following from the
Boston Daily Advertiser:
''We learn from the ST. Johns IN B. Observer of the
9th that the Court Of Admiralty was held on Satur-
day last by Judge Hazen for the hearing of the
the American fishing schooner Coral of Machias seized
for nfracon of the Fishery Convention of 1918 The
charge against her is that while she was at anchor not
more than musketshot from the shore of Grand Manan
the were occupied in fishing and that being thus
mile If and
forfeited by law.
at is stated that appearance has been entered and
1T was nmated to the Court that Mr. Pennel the owner
not being able deny the charge would not contest the
suit but would suffer judgment in order that the vessel
might be sold. Judgment condemning the vessel was
to be entered on Wednesday.
-" is stated that in the of the schooner Hyades
of Lubec the evidence of violation of the convention is
equally clear and that defence win be made or any
opposition to her being condemned the violation of the
vention being beyond dispute"
The New Brunswick.r says:
Our Western neighbors may rest perfectly assured
that their vessels not likely be seized unless they
are found clearly within limits and in places where
there can be possibility Of dispute their infringe
ment of the convention
"We learn from official source that the commanders
OF her Mejesys vessels employed in this fishery service
have received special instructions to exercise careful
discretion in the very delicate office of interfering with
vessels belonging to foreign and friendly Powers
"When the permission given to the Americans to
fish in the Bay of Fundy, it stipulated that they
should not fish any where within three miles OF
its Shores nor enter part Of the bay which less
| than six miles in width"
Notwithstanding the remarks above that fishing vessels
not likely to be moesed unless they are found clearly
within limits prohibited by the convention the Boston
Advertiser says that another part of the
depreciation is given to the convention which is
Rance with the claim which has been urged by our Gov
| eminent.