The daily union., 1852-08-05

course which has been pursued BY Great Britain see
ouch that is irritating in lis character, and very well
calculated 10 rpen feeling OF hostility But, Mr. Pres
lden before touching upon the subject really under con
sderaloD, wish make remark IN regard 10 topic
that has been connected with II aud that is, this propos
lion which from these colonies for reciprocity OF
trade II has been suggesled by the honorable senator
from Michigan. lMr. CAss,l 10 whose patriotic senu-
mens have listened with great pleasure that the question
10 the privileges OF reciprocal free trade might loi
subject OF negotiation between the two countries
Now sir put 10 here at The outset my protest agalns
any such proceedings far is concerned, al
any tme and under any circumstances that may exist
Is the Congress OF the United States prepared TO transfer
the control OF the OF the country To The treaty
making poweri Are prepared 10 transfer the con-
troll OF this subject TO negoaors, aud let them settle ana
determine what amount OF revenue we are IRON ume 10
time TO raise for the uses OF the country
Sir treaty is an inepealable law il is law that
cannot be modified al any time nor under any cifcum-
stances except by agreement OF the contracting parties
w may year want forty millions OF revenue, and
the exgences OF the public service at the next year may
demand oghiy in the transition state OF our Affairs and
in the regularity OF the demand, which may exist from
causes which cannot be anticipated. No in his So
ber can for moment entertain The opinion that
the control OF the revenues OF the government should
be transferred 10 the treaty making power NO, SIR, this
is be done, the OF these colonies II
would be encroachment upon the fundamental prnci-
pie OF the constitution ITSELF SO jealous Is thai const-
tuition of the money power OF the country that u does
allow this body in its legislative capacity, to
originate money bill.
Such sir were the feelings of those who framed that
instrument, and of the people who adopted it, Now, at
this day. it TO the opinion can hardly be enter
tanned by any under any circumstances, that the rev.
OF the country to be transferred to and disposed
of by The treaty making power. | will not trouble you
upon that point but will take occasion TO say. that
any such treaty comes here, will never meet with my
Now, Mr. President, TO these fisheries in regard 10
which negotiation is appropriate, think this whole mat
ter is TO be explained stroke of policy II may be
dangerous step be taken by the British government,
and these colonies may be playing q game which will
turn out as not advancing materially the objects they
have in view. think that very probable but still, after
ALL cannot help entertaining the opinion that the motive
at the bottom of the whole transaction is motive OF
policy Well. Sir, is il usthabe -s the course pursued
that can be maintained in negotiation, or maintained
anywhere think Mr. President that the last class oil
this country which polite nation about to enter
into hosttes wosld disturb is this class OF hshemen and
bolder stroke of policy could not be executed by gov
about to make upon the United States than
10 say these fishermen "War war, you may carry
your business OF your pleasures we will not disturb
you"
Can Great Britain maintain the ground that has been
pointed out by the senator from Michigan Mr. CAss j
Can she maintain the construction of the treaty which
said be given 10 by the law officers Of that govern
meni? | say unhestatngly she cannot admit that the
of the treaty capable OF such construction as
construction quite different from that, and that all conem
poraneous authorities concur in establishing the other
construction as The true one; and 1t is to this poin,
wish 10 invite the particular attention OF the Senate
shall occupy but few moments.
The doctrine laid down by these law officers is. as
understand it, that you may stretch line from headIand
to headand and all the waters within those headands
waters within the jurisdiction of the colonial or the
imperial government. Now apprebend, if the Senate
will give their attention while anayze the terms of
the treaty, which very brief, they will be satisfied
that no such construction can be maintained.
/ What, then, the terms OF this rea,y' They COM
mence, tue nrs artcle by pointing out certain coasts
and certain portions of the territory of these colonies
which to be left open 10 American fishermen freely to
fish therein. What is the rest OF the article! In order
that may make mistake in quoting any part OF it.
will read from the treaty itself After running through
that portion which have alluded the article reads
thus:
"And that the American fishermen shall also have lib.
dry and fish any OF the unsettled bays
harbors. and creeks of the southern part of the
so sarDe any portion
shall be seued shall be lawful for the said fishermen
dry fish such portion settled without previ-
agreement for sue purpose with the inhabitants, pro-
prierors possessors OF the ground"
The right then, is TO take. dry. and FISH in certain
coasts bays, harbors and creeks of her Britannia Ma
jestys deminions in America But that portion of the
treaty which wish invite the attention of the SEN
ate more particularly is the renunciaon 1t is in these
words:
liberty heretofore enjoyed claimed by the inhabitants
thereof TO take, dry, cure fish on or within three marine
miles OF any the bays, creeks harboTs OF hts
Bdtannic Maestys dominions in America, included
within the above. mentioned limits"
They renounced the right TO take fish within three
miles Of any Of the coasts bays creeks Or harbors Of
her Britannia Malessys domlnons. Now comes the pro-
vlso 10 the remuneration;
" Provided, hootper, Tha, American fishermen shall be
shelter repairing Of damages therein, OF purchasing wood
and obtaining water and for other purpose Whatever
That is what is renounced. Now Mr. President The
ENJOYS inform you that they chose TO renounce the rights
which given up and they chose do it distinctly
and in detail, that II might be perceived exactly what
was given up and surrendered al the time. The true
question, therefore, is what do they by the Ian
guage which they use ! know, Mr.. President, very
well that IN using these terms they excluded from the
coasts, bays harbors, and creeks; and the British gov
ennen raise question oil conslructionnamely, that we
FISH within three miles of any OF these bays; tha,
excluded to distance of three miles, no, only
from the coasts but also from these bays including in
that term Fundy and other large bays. But sir, pursue
the analysis lilile further and you will ascertain what
the meaning of this exclusion is. You have right 10
come within three marine miles OF the coast within three
marine miles OF the bays and within three marine miles
Of the harbors and creeks. And now what did they
By the word "bsys" The latter part of the pro-
vso which have just read explains the whole of il
They have right to enter" +" To enter" what
TO enter such bays" &cundoubtedly referring the
bays mentioned in The former part Of the artclehe bays
renounced And for what purpose have they this right to
enter such bays They have right TO enter them for
shelter; they have right TO enter them for the purpose
of obtaining wood and waters they have right TO enter
them for the purpose oil purchasing bait All these things
enumerated IN the proyso itself They have right
10 enter all such bays for that purpose-iha s all the
bays renounced.
Now, sir, IS the Bay OF Fundy bay in which to enter
for shelter Is 1t bay in which 10 enter for wooi
water, or Tor the purchase OF bai No. sir. And
these great open from beadand to headand in
the Gulf of ST. Lawrence twhere understand they have
sretched line forbid vessels enter within those