New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-31

Of Lser,dor; var 90 soon a. the ssms or any portion
thereof shall be te IL shs not be lawful tor the said
| fsterueb IN dry fsb within az such por-
IT, 90 serted. With Ut previous agreement for such
pui poe with the iIhshsns proprstors or possssos
fire around. And the United ststes ber.by renounce
forever sry liberty heretofore enjoyed or csiD-d "
the Inhabitants thereof 20 ke, dry, or cure hsh on or
within th'es marine les OF Of the coasts Bays,
creks bar oorb 81 bis N-es'ys dominons In Ansr-
/ ca not irelude6 within the ssove m"nuoned hrnn
| provided however, that the American fishermen shsn
be &c TIED 10 enter bays or hbors for the pur
pose Of shelter sDd Of repairing damages therein, pur
chs,ir cd spd Of obtsinng water and for no other
purpose whatever but they shs be under such re
,ric,it nag be necessary ~ prevent their kng
drying curing fen therein, In any Other
| sbusipg TIE privileges hereby reserved to them
An A., psssd n ,he % year Of the reign Of Hs late
htjssty Geor.e IT, cbsp 81 entitled An Act % enable
His sesty 10 make regulations with respectto the tax
ing ard curDs h'h certain parts q the coasts Of
Etsfouuolpnd snd Labrador, and His Msjesys other
posfesseus North America according - Convention
MADE between His M-jety ard the Uni,ed States Of
America AND in The year 1896 His late Majesty VII
liam " In the ,xth year OF his reign, ~ an order 10
Couuc sssenDd - and made toe clauses Of certain
Act Of the A,sembly Of Move Scotia and ruies resul4
lAfons gro resricrops respectr the fisheries the
COST. bay, &C OF thst Province, oy the rs section OF
which it enacted that any ship. vessel or boat ~h-h
shs be foreign and Dot n4veasd according IN The VS.
q Great British ard Ireland which shall bave been
fshing or preparing 10 h.h, 70 have been hshing
within three marine miles Of The cnsss bays creeks or
hsibors Of this Province such ship, vessel bos snd
hsit respective gOes she'll he forfeited Scotia
/, poeued win bays, any OF which reach from ~ 70
l0O miles into the interior, such A the Bay VI sundy,
- Mays Bay, the Bras dor Lake and Manchester
Blythe lard The shores Is enrty British territory,
snd Nova Sccu proper s separated from the Island OF
Cape Breton by strait called the Gut of Ca6sO,
10 ione PARTS OF wider than three quarters OF mile
IL The Bay # Fundy, s. Mays Boy, sad the Glt OF
Ctrsc Americans conduct the fishery and thsiT hshDg
VESSELS pass also through the latter anchor there AID
Dot only feb but By Usng ball. toll the msckere into
deep waters ,he'eby ipurDg the printable seine 1.n-
,rirs II Fox Island snd Crow Har5or, A1chat Il Pc.
els Bay end cher stations In The neighbornooi 81
Csnto which formerly the most productive 1sn-
eres IN Nova Scotia They also land The VI .gttlen
srLcs set nets ard sweep seines in the spring Of tie
year ~ tine when the behring's resort to those waters
TO .php D. tb, reby destroying The spawn snd young sh
apI consequently ruinir gih- fishery.
The o. ion the Law Officers of the Crown in Eng
lar q is Iequested the folio wing points:
FDst: Whittier the Tresy of 1913 was annuled by
The Of l end hether citizens Of the Unita states
posses ally sht Of fishery in the waters OF tire Lower
Provinces other than ceded to them by the Convent N Of
II aud II Sc what right Second; Have Anne lean
ciz.ns he tight under that Convention 10 any
Of tie bays OF this province 70 take feb IT, after they
have entered they prosecute the fishery more than
three marine miles from the shores Of such Days or
iht ud A prescribed distance OF three marine miles be
measured from the hesdands the entrance of such
bays 20 10 exclude them Third s the distance OF
three inc mites 10 be computed from the indents O
the COSTS OF Briti.h America, from the extreme
hesdBDde 6rd what Is % be cOnside ed a headlaLc.
FCh Have Anne rcsD vessels fitted out for fishery,
b right TO pass through the Cat Of CansO, which they
not Go vi bout coming within the prescribed limits,
anchor there 10 feb there and Is casting oas
tolure h-h IN ifersck Ct the vessels fishing wtnin the
MT snihg Of the Convention Elfh; Have \ American
ciz-is Ieht 10 land on the Msgdaen Islands and con-
duct the fsnery from the shores thereof ~ using nets
and sess, uhatright Of ihely do they possess on
toe shores U those IssLds ana hat 10 meant by the
tern shove. Sinh Have American hsAe,men the
fst the bays aud har5ors Of tails Province for
The purpose Of purchasing wood or octsinin- ester
lasf rC1 nj
Increment Of their VOYAGES in their country or
have they tht night only Of entering such bays and har
bore IN cares % olsire 70 purchase wood aud obtain
ve'er alter the Usual stock Of hofe articles Tor the
Of such shug craft Las been exhausted or de
tiroy.d. StUtHh Under exciting treaties. what rights
of hreIy crdsd the citizens Of the United states
If Auercs vhft served FOR the exclusive enjoy
ment Ut British subj cite
CONVENIENT house HALIFAX, 3h MAY, leil
Ny ORD have bad II honor 10 receive D,psich
No. A. Gseo Jtb April, lsil transmitting copy ot
ltieG rom The Under Secretary Of Stale for Foreign
Affairs, incosiDP copy Of a note from the American
Mrbier, con planning OF certain proceedings oil tue
Color isl authorities Of this Province o~s the vessels
sno citizens Of The Republic, engaged In t.nng on the
coasts Of Eova Scotia ana desiring that will make i'm
ediaie inquiry into the allega,o ms made ~ Mr. STE
veIs, r 6nO forward ~ you detailed report on the
subject have lost no time 10 Obeyiug ycdr ins.ruc
tiors and beg to submit the following atsns Tor
your consideration:
The oif,cLifs which exit and Of which Mr. Seven
cCmplsi grown out of indiTlduai acts are
CREATED by 'be difference VI the Interpretation put BY
The Move Scoiaus AID the American upon the tue in
tent sLd nearing Of the Treaty referred to by his TX
cflltpry, sbd tie Act a the Imperial Parliament, %
Geo cap -, founded tnht Treaty, aud more fully
referred 10 hereafter and unit formal Adjudication E.
suliipg frOn the seizure ana persecution OF American
yr.ses OI abuse Of the privileges Ceded 70 tlem snail
ttke psce end consecutive prececens tor G'ure glld
spce be thereby estsoishec il appears probable that
doubts nay and will arise % the Interpretation 10 De
borne by the ssd TTesty
Its uue tba. seizures have been made Of Amer
icau hlhipg ytGies der the r. cia AcI g. Wm t.
reienoo 10 by the American Minister, but Ms ENcel'
l-bcS BIS fallen into UGH mstppTehenson AZ regards
the character # t law tie extent OF ts operation, aGd
he 10 Ure Of tie seizures made under II The act 10
ces the Convention aud the Imperial stu'e 90 Geo 3
esp 81 before mentioned and, In describing the en-.
crUtchne the coasts OF the Province which Z vas
its ot -c D. prevent Is will be found to be framed 10
perfect conformity with the letter and spirit ot that
statute white the provisions by which seeks To effect
the object IN view, borrowed from the imperial
acut ns reaiiug 10 trade and navigation It, OPERA
ton mi'ed of necessity u must be- 10 Nova scotia
therefore II could LOT have been passed as assumed
- NJ Stevensf with view 10 restrict or destroy the
fisheries Of the United Stats the coast Of N-~found.
lsro and foI the this Act doe, not affect
the Bay OF Chaeurs also ment ned by his ExceHency
In point Of fact have not been able 70 Learn that any
seizures have bern made when the vessels have not
been within the distance prescribed by the statute or
cou,6t be although IL s true the Bay of Fundy
well smaller bays opphe OF this Province, Is
thought BY The Law OficeIs In the Province 20 form
part OF the exclusive terrcry Of the Crown under the
authority OF principle Of the law Of nations ard down
Is Grouus and adopted By English urists- ptde Chys
Commercial L0r, col /, p S0)
The complaint nat the Provincial authorities assume
the right Re pTonbit the approach Of American .hing
yfssts within three miles OF lne drawn from head.
Land 10 heAdlsDd, instead Of from the indents of tn.
shores Of the Provinces is another exemphcsti OF
the difference have stated n exist 10 interpreta
nop put the Treaty by the subj ects the Gov
erDHeDi'-the following words OF tbs Convention 1.-THE
Upied States renouncng any liberty before enjoyed by
their citizens 70 take fish Within three marine miles Of
any coasts, bays, creeks bsrbOrs Of the British do.
nipious IN America not ucuoed Ia the ab1ve limits
e newfoundland and Labrador" appearing ~ the au-
thores here 10 bear them In the assumption of such
ugb whereas TIE citizen Of the United States maintain
the direct costrary On this point the Las Officers Of
The Crown III the Colony express themselves very
strongly, both Oh the general principle of International
Law sDd the letter aud spirit OF the Convention They
oef N 70 be settled rule that the shore of State "
irg on the sea is cetern Ded by lire drawn from tne
projecting hesdands, not by following the indeststons
o the coast wide let Chiry 90 and 1000 az therefore
lnrs ia necessary consequence that the three miles
fixed upon BY the Convention should awsys no mess.