The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-04
THIRTY-SECOND CONGRESS.
TUESDAY, August 3. 1852.
SENATE
FIRST SESSION.

SENATE.
After petitions
Mr.. SHIELDS, from the Committee on Military
Affairs, to whom was referred the memorial Of the
Board Of Visitors, appointed to attend the exami
nation of the Military Academy, recommending
an increase of the number of cadets, an extension
OF the term OF education to hve years, and an en-
larged course Of studies, reported the same back,
and asked to be discharged from the further con-
sideration of the same.
report from the Secretary of War upon the
subject, and adverse to the plan proposed by the
Board Of Visitors, was ordered to be printed,
THE FISHERIES.
A message was received from the President of
the United States in reply to a resolution of the
Senate (of Mr.. MAsos) Of the 23d ult, calling for
information with respect to the fisheries, and
whether any naval force had bees, ordered to the
America to protec. the rights of American fisher
!iien, SC, ehdtransmitting report from the Act
ing Secretary Of State on the subject. The Presi.
dent states that Commodore NJ G. Perry, with the
despatched to that place to protect the rights OF
American fishermen, under the convention Of 1878.
Nearly all the vouminees correspondence ac-
companying the message has been published be-
fore-a large portion OF 1t having been conmuni-
ccted to the Senate in February, 1915.
From the papers the reporter has selected the
following report Of the Acting Secretary Of State
and note OF Mr.. Champion:
10 the President Of the United States
The Acting Secretary of State, to whom has been
referred the resolution Of the Senate of the Odd ul
Gmo, requesting the President to communicate to
that body, if not incompatible with the public in
terest, all correspondence on file in the Executive
Departments with the government Of England or
its diplomatic representatives, since the conven-
ton between the United States and Great Britain
of the Goth of October 1878, touching the fisheries
on the const Of the British possessions in North
America, and the rights of citizens of the United
SfatPa n N uaO ed N 6rch lsher;pa cd Inv
said convention !; and that the President be also
requested, under like limitation, to inform the
Senate whether any OF the naval forces of the Uni
ted States have been ordered to the seas adjacent
to the British possessions in North America to pro-
tect the rights Of American fishermen under said
convention OF 1915 since the receipt of intelligence
that large and unusual British naval force had
been ordered there to enforce certain alleged rights
Of Great Britain under said convention" has the
honor to lay before the President the following pa
peTs. These, together with those communicated
to the Senate on the 18th of February, 1915, but
which, it appears from the Journal of that bod y ,
were not ordered to be printed, embrace all the in
formation possessed by this Department on the
subject of the said resolution.
Respectfully submitted,
w. HUNTER, Acting Secretary.
DEPARTMENr OF STATE,
WAsHissToN, August 2, 1852.
Mr. Champion to Mr.. Wsbsfsr.
WAsAINaToN, July s, 1852.
STA: have been directed by her majesty's gov
eminent to bring to the kno Wedge of the overn-
ment OF the United States a inca sure which has
been adopted by her majesty's government to pre-.
vent repetition Of the complaints which have 60
frequently been made Of the encroachInents of
vessels belonging to citizens of the United States
and OF France, upon the fishing grounds reserved
10 Great Britain by the convention of 1918.
Urgent representations having been made 10
her msJesty' 3 government by the governors of the
British North American provinces in regard to
these encroachments, whereby the colonial fisheries
are most seriously prejudiced directions have been
given by the Lords of her majesty's Admiralty
Tor stationing off New Brunswick, Nova Scotia,
Prince Edwards Island, and in the Gulf of St.
Lawrence, such force OF small sailing vessels and
steamers as sha!l DO deemed sufficient to prevent
the iniraction OF the treaty. 1t is the command Of
the Queen that the otcers employed upon this SER
vice should be specially enjoincd to avoid all in
reference with the vessels OF friendly powers ex-
cept where they are in the act Of violating the
treaty, and on all occasions to avoid giving ground
of complaint by the adoption Of harsh or unneces.
sary proceedings when circumstances compel their
arrest or seizure.
l avail myself of this opportunity to renew to
you the assurances OF my high consideration.
JOHN F. CHAMPION.
MIR. CASS moved that the message and accom-
panying documents be referred to the Committee
on Foreign Relations. He then addressed the
Senate at length to show that the claim now at
tempted to be enforced by Great Britain, under
her construction OF the treaty, had no foundation
IN right. He read copous extracts from the in
struc'ionn to the commissioners who negotiated the
treaty OF 1915 and from their correspondence with
the Government, and held that these fully s.
tanned the Interpretation put upon that treaty by
the Government Of the United States, and under
which, for over thirty years, the American fishcr-
men have prosecuted their hardy enterprise. He
was for sustaining them in their tights.
Mr. DAVIS said that his opinion, expressed by
him some days since, that there was no cause Tor
ALARM and that no war would be likely to result
hlc 49,.
wac, however, much in this controversy that was
o! an irritating and annoying character.
He said he had listened to the Senator from Mich
igan with great pleasure with regard to the sub
ect OF reciprocal trade with Canada. which sec med
10 be incidentally connected with this matter
He desired to say now that he protested against
giving that subject up TO be settled by negotia.
ton Congress would never yield up the sub
1ect OF the revenues OF the country to be settled
by a treaty with a foreign government. Congress
would never yield its control the question of
raising revenues to the treaty making power.
One year the wants OF the Government would re.
quire perhaps Il revenue OF forty millions Of dol
lars; the next year, perhaps eighty millions. In
these days of huctualion md uncertainty il would
never do to have the subject of our revenues in
any way controlled by a treaty with foreign
SO would be an encroac hme mt Oh the fu ndamental
principles OF the Constitution. The Constitution
WAS 30 jealous upon this point Of raising revenue,
that il did not allow the Senate, in its Legislative
n treaty come 10 the Senate for ratification, 1t would
not meet with his approval.
he considered the present movement by Great
Britain as stroke of pocy-perhaps a dangerous
onc--on the part Of her government; and it might
result III satisfying the colonies that their object
was not much advanced by such policy. He ex-
amined the treaty of 1918, and maintained that
the construction placed upon it by the law officers
of Great Britain was wholly untenable He did
not believe that war would grow out Of this mat.
ter, that Great Britain desired il should; bat
il she wanted war upon tho subject, she could
have it.
Mr. HAMLlN then commenced a speech, in
which he examined the treaty and the construc-
ton placed upon it by Great Britain. He cited
various authorities showing that such construc-
ton was altoge ether erroneous. He said that the
movement by Great Britain most extraordi-
nary, and if reciprocity the interior object,
that object was not to be gained by these means.
He considered the conduct Of Great Britain to be
such that il could not be SD omitted TO without dis
grace and di.honcr.
He had not concluded when he yielded the floor;
and the eubject was postponed.
THE MILITARY ACADEMY BILL.
The Senate took up the bill making approprin-
tions for the support Of the Military Academy,
which had been returned from the House that
body having refused to concur in an appropriation
inserted by the Senate Of 2 600 Tor riding hall
nj w est Point.