The daily union., 1852-08-14

cdiuun AZ they tufnsn US Anbscrtbes gT0tts
"We did get the right fish on the lrom Eng-
and nor isom any other earlht power We sos !. nom
Almighty God, and we mean q bod on TO H. through the
whole extent 81 the deep now IA the days Of our
weakness"
Again sal 4 in abiding 10 the bays OF Nova Scotia,
Chaleur and Fundy, and the Gull OF st. Lawrence
Now, sir Is preposerous a liue from pro-
ieeng point Of these expansions the Other and
claim ior the STATE which holds the coast even il il l. the
ocean, with the right TO prevent amy other nation from
iagg 'Ae" either for The purpose Of fishing o' q "assa
This is point which merely touched aud ii is one
to which the honorable senator has very fully alluded
Sill further, said
"That there many land-ocked indentaions which
constitute portions of the territory Of The county whose
coasts surround them is ndispnabe IL snot necessary
which reguaies that subject NJ doubt cases may arise
where rights claimed and resisted which easy
OF adjustment consequence of the absence of fixed prn
cipes. When such controversies arise they mast take
| their own course of settlement s .s ff'
| Why the elder members OF the Senate will undoubt-
edly recollect that some years ago we had contest
which might have terminated IN conflict with Russia,
which embraced one Of these very principles She ad-
vanced most astonishing doctrines, and certainly tres
passed forbeaance and moderation far any
nation could have done, can do now. She advanced
the doctrine that she had exclusive right to the
sessions OF the Pacific in The northwest,
four thousand miles because she owned the upon
each side Of il. With regard 10 that, let read an ex-
tract from letter OF Mr.. John Quincy Adams. in which
be used this language:
"Wh regard TO the suggestion that the Russian govern
men. might have justified the exercise Of sovereignty over
both lis American and Asatlc shores, il may suffice
say that the distance from shore to shore this sea- In
latitude 81 deg noh is less than 80 deg OF longitude,
or 1900 miles"
Well may the honorable say that the claim set
up on the part OF England IS very strange one i 49,
indeed but after this letter heard of the
claim OF Russia and trust that government Will
pursue such aud shall never hear more
OF this claim. In the same speech, said
/ ~. ~ 4 .... .l.
accusing the Americans Of standing upon advantages
they possess cuts this Gordan knot with great ease
real ground for considering this Insult; for The
bays and straits where the BRUSH station
ed are exclusively British as the British channel"
The honorable senator is perfectly right Here is the
doctrine maintained at this very day by OF the prin
cipa colonial newspapers and suppose that OF every
Englishman from John OGroats House TO Lands End
to be asked his opinion about the matter. he would
say that England had right to jurisdiction The Eng
sh channel, and righ to take possession OF these
bays and 10 send armed vessels to occuy either the one
or the other. In regard 10 that, observed:
"Que cool, this claim over the great highway which
separates France from England twenty one miles broad IN
days OF seden, the advocate of this petension and to the
reign of Charles, who hoped to establish it,"
The honorable senator will recoec that Seden wrote
treatise on the doctrine of snare eaus" 10 show that
England had this jurisdiction.
Again, said
'Tbe bays he convention cIased with harbors
o. sa classification signtiicaive Of the object They
defined as BAYS of his Brtannic Maiesys dominons
which the British jurisdiction,
has tbs land that encircies them"
contended. of course. that they had no such just
claim; and adveued 10 the opinion of the British law
officers 10 regard to the subject; and in commenting upon
IT, used the following language;
"The Bay of Fundy is not named specifically in this
opinion, bu il evidently intended to embrace H..
We know that The British government did claim it, be.
both Lord Aberdeen and Lord Stanley said sohat
although they waived the right that time temporarily
still they claimed that England should exercise ursdIc
ton over these great bays said that the Bay OF FuDdy
not within the exclusive jurisdiction OF England.
The honorable gentleman has made the point very well,
that foreign nation claim under any circumstances
exclusive jurisdiction the smallest bay unless il
owns the whole coast along IL.
Again, observed:
Now this bay Is not within the exclusive dominion of
England pau OF the belongs Maine; and it has
northeastern side, being almost straight line, both Ia
Maine and New Brunswick Il wants all the character
istcs OF bay defined 10 this opnou Is. Ia fact
open, exposed OF the roaming along the Of
Maine more Than hundred miles. Geogrspbers
slider the Bay Fundy separated from the Atlantic
bya line from Cape Sable the southern coast OF Nova
cussion respecting norhe boundary IL
tended the OF England that the rivers east Of Pc
nobscot bay all empted into the Bay Of Fundy Such
expanse Of water geographically and politically part Of
the Atlantic ocean"
The honorable senator will therefore see that did
rest right upon secondary considerations, but
upon the great considerations which he has forciby
presented today, and into which much obliged to
him for entering at such length.
Now, MIR. President there two points connected
with this dispute with England. The first is the treaty
arrangement We conceded, for the sake Of making an
arrangement that would the existing difficulties
at the time, and still 10 prevent of
more serious difficulties, TO give up some OF the rights
secured and acknowledged By the convention which ter
minated the revolution. We then claimed the right
integral part OF divided empire 10 hold on 10 the
fisheries which we bad aided 10 acquire. But we con
that difficulty amicaby We said TO England, 'though
we have a right to hsh within three marine miles Of
your coast, yet II you will agree TO certain line run
ming along the southern bank OF Newfoundland, and
then up northeast, and 10 Labrador and give
tain bays acknowledg edy in which dry fish,
will cede you the right OF fishing in all other bays,
ports hatbors, and creeks" Then up the ques-
ton, What is one OF these baysl And meet il at
by saying I'VE gave up the right OF fishing in
such a bay as the Bay OF Fundy." We dreamed
OF giving up rights the ocean, because 1t is ey
dent the face OF the treaty that these within
her Maestys domnions by any acknowledged principle
OF public law Besides, the treaty expressly provides that
the bays within which shall have right 10 fish
shall be "bays for shelter for wood and for water -
and alluded TO the OF the legislature OF Nova Scotia
upon that subject to sustain my position
Now, upon this point there IS no American govern
that safely Tor itself yield single inch. No
claims the right for American citizen 10 10 any
portion of the and FISH within three marine miles OF
IT, unless that right be specifically marked out and grant
ed in the treaty No claims that have right TO
90 there and smuege, or interfere in any way with the
internal police OF the country which they have right,
under the laws Of nations establish for themselves
and by which they may regulate the hsbng trade. All
these minor matters subjects of too small account TO
occupy the attention OF two great nations like the United
States and England Then we make no such pretenson.
We are perfectly willing, IL our fishermen caught in
these circumstances within the ground prohibited by the