Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-28

Decd which has given rise to the embodiment Neither
is it denied that the fishing trade employs vast number
of hands, and constitutes, Mr.. WEBSTER expressed it,
: the very nursery of the American navy But such
arguments these justify the Americans in
encroachng upon the fishing grounds of others than they
would warrant Engshmen in Selling the guano deposes
of Peru. If the advantages recapitulated with such
JUNCTION have been derived from habiua respass they
either be surrendered made the subject of fair
negotiation The waters of the Bay of Fundy certainly
do become American waters by reason of their
venience or value.
" 1t is satisfactory however, to observe that the first
impressions either side of the Atlantic appear be
subsidng into correct appreciation of the question
issue and though there is always considerable difficulty
in conveying popular ideas of international difficulties
believe the English public will be qualified esti-
mate this contest at its merits There chief
points in debateone concerning the Interpretation of
treaty. and the other arising from the and
by which this treaty has been exempfed BY the
venton regulating these matters the Americans
excluded their express renuncaton from certain
bays and harbor the British coasts excepting for pur
poses specially defined About this exclusion there can
be doubt, but it has been maintained in America that
bays large include sea within themselves were
not contemplated by the spirit of the treaty however
they might be comprised in its letter The usage Of
to distance of three marine miles the
by which it is washed but further and it appears
have been the American doctrine that if bay or inlet
were spacious to admit of vessels entering with
out coming within league Of either shore, such bay
| should be considered open
Now by the strict Interpretation of the treaty less
than by the accepted law these Subjects entertain
no doubt that the Americans wrong Itisimpossibe
with any semblance of justice, to strain the terms of
venon TO suit the purpose of Of the contracting par
ties The Americans excluded by their own act and
deed from oil bays certain coasts of which the BAY
Fundy one and it be permissible that after
such remuneration they should be at liberty decide for
themselves what bays should be considered bays and what
should Moreover the usage of law is again in our
favor for has always been held that in the of
indentations the waters included by line drawn from
headand headand pertaned such territories exclu-
yely and that the three marine miles of ordinary urs-
dcton be reckoned seward Of such line On this
point therefore it will be readily comprehensive that the
Of the Americans cannot be maintained and OBJ
that while Mr. WEBSTER in his latest remarks avoids
ausion to it, its validity against the United States is
frankly admitted by some of their ablest journals
The next point is less clear. Whatever may have
been the limitations imposed by the Convention Of 1873
it certain that the Americans have commonly assumed
the privilege Of sshing many Of the grounds from
which they nominally excluded. These encroach-
ments have not indeed been general undsturb
ed they represented nor they had been So
could any legal rights have been thus acquired But it
ncontestabe that great freedom has been exercised in
this respect and with less resistance on our part than we
should have been justified in opposing that when
with abrupt precipitation and the very Of the
fishing season. powerful British squadron is all once
dispatched to enforce the strict observance of the treaty
Of 1873 the propees Of intercourse between two such
countries England and America may be reasonably
thought to be infrnged As IL seems too that within
the last years the right Of fishing portion Of
the disputed waters conceded to the Americans by
British Minister, and that such concession has been
withdrawn, the wisdom Of recent proceedings appears
still questionable and Mr.. WEBSTER accordingly
though he could make little Of the American title strictly
understood had evidently his side when he OBJ
served that indulgence Of long continuance could not
be withdrawn at the season when the fishermen were
just engaging in their business, without just and
| sonabe notice.
The overbearhg pretensons in which Americans are
sometimes wont to indulge themselves be ad
mited They divide the northern continent Of America
with ourselves and the fisheries Of the subject
to corresponding division But while we say thus much
and while prepared maintain that the strict
rights Of the case far from pertaining TO the Ameri
ch Teslue Wnoy WIN ourselves we should be disposed
not only to acknowledge the claim consideration which
has been constituted by usage, but put liberal con-
struction the treaty itself There is some foundation
for the argument that bays Of large extent should not be
treated like smaller inlets and may presume that Sir
Robert Peers Government influenced by considera-
tons Of this nature in concedng to the American fisher
men the entrance to the Bay Of Fundy in 1916 In APP
plying, for instance the rules to European States
It would be clearly unreasonable upposing France and
Spain we're under the Government that other ma
tons should be excluded from the Bay Of Bscay by line
from Brest to FerroI though the Bay Of Bscay is un-
doubtedly bay The opinions however SO hastily ex
pressed in the American Senate we're without justification
in fact for the wrong doing exclusively on the side
of the States though they might have reasonably expect
ed that encroachmens long connved at would be de-
nounced at last with less abrupness and adjusted with
more consideration for the feelings of people nearly
connected with ourselves The entire question concerns
the liberties Of Americans in waters confessedly British
There is no mention Of any American territory whatever
nor hos any British vessel been dispatched to American
waters The fishermen Of the States have been pursuing
their calling upon fishing grounds which pertain to sub
ects Of the British Crown Long usage previous
sons and even arguments Of broader and general
kind, suggest that die question should be treated in
liberal and conciatory spirit but the law Of the case to