The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-21

on Of office, few have i'm porlan Ia their est
iced ioT the fisheries the coasts Of BRUSH Norl
iea Her Mslesys government have lheis ser
alnsd ia your dispatches. noted IA Srsa and have not
iaied 70 observe that whilst active have been
their fisheries, and repelng the Intrusion foreign vesse
4 has been subject o. that impedments should
the enactment Of bouAties considered by the loca egs
latuTes essential for the protection OF this trade Her Ma
jesy's ministers desiIous OF removing all grounds
Ut the part OF the colonies Ia OF
upon waters from which they excluded by terms Of
the convention of 1878 and they thereore intend de-
PATCH possible small naval force OF steamers
or other vessels 10 enoce the observance OF that convex
ton"
This is accompanied by the following as
With regard the question of promoting the fisheries
Of the British colonies by the OF bounties. her Ma
necessary deviation from the policy which regulates the
commerce Of this country still dsncned to prevent
these colonies by inerposon of imperial authority and
especially pending the negotiation with the United States
ss e Of nS the Bs 0s q
hereafter be carried from adopting the policy which
welfare
Meantime, and wihin the last ten days. American
fishing vessel called the Coral belonging Machias,
Maine has been seized in the bay of Fundy Grand
Menan, by the officer commanding her Maestys cutter
Neey, already arrived in that bay, for niraction OF
fishing convention, and the fishing vessel has been
carried the port OF St John, b where proceedings
have been taken In the admiralty court with view to her
condemnation and absolute forfeiture Besides the small
naval force be out by the imperial government the
colonies besng themselves also for the protection Of
their fisheries Canada has fitted out armed vessel to
be stationed in the gulf and this vessel has proceeded
the fishing grounds, having board not only naval
commander aud crew, with power to seize vessels within
limits, but also spendiary magistrate and civil police,
to make prisoners OF all who found transgrossing
the laws of Canada, in order to their being commit.
ted TO Jail in that colony for trial. The colony
Of New foundand had iited out armed vessel for
the purpose of resisting the cncroachments of French
fishing vessels the coast of Labrador; but when
ready sail from her port, the governor of that coli
ony acting under imperial instructions, refused give
the commander ofthe colonial vessel tho authors
y for making prize of French vessels found uespassing
This is extraordinary circumstances, especially when ia
ken in connexion with the fact that the like authority to
seize American fishing vessels under similar circumstances
has been refused the cruisers OF any of the North
American colonies. The colony of Nova Scotia has
four armed cruisers well manned, its coasts ready
pounce upon any American vessels who may accidentally
otherwise be found fishing within the limits defined by
the Crown officers OF England. New Brunswck has agreed
with Canada and Nova Scotia place in the bay
OF Fundy look after Americans fishing and Prince
Edward Island, and her Majestys steam gae Devasta-
ton has been placed under the instructions of the governor
OF that colony The first article of the convention between
the United States and Great Britain, of the 10Th October
1913, is In these words
Whereas differences have arisen respecting the liberty
claimed by the United States for the inhabitants thereof
take dry and cure fish certain coasts, bays harbors
ica it is agreed between the high contracting parties that
the Inhabitants Of the said United States shall have forever
in common with the subjects of his Britannia Majesty, the
liberty to take fish OF every kind that part of the south
to the Ramean islands the western and northern
OF said Newfoundland from the said Cape Ray the OUR
also the southern coasts buoys habors. and creeks,
from Mt jolly on the southern coast of the Labrador, to
wadV along the soa Without psSdos to
any OF the exclusive rights of the Hudsons Bay Company
forever dry and fish any of the unsettled bays
harbors, and creeks OF the southern part Of the coast of
Labado but the or any portion thereof
shall be settled II shall not be lawful for the said fishermen
vious agreement for such purpose with the inhabitants,
proprietors, possessors Of the ground.
erty heretofore enjoyed claimed by the inhabitants
thereof take, dry, fish, within marine
miles OF OF the coasts bays creeks harbor OF her
Britannia Majestys dominons in America not included
the s ba be
such bays or harbors Tor the purpose OF shelter and of
pairing damage, herein and purchasing wood and OBJ.
they shall be under such restrictions as be necessary
any other Whatever abusing the privileges hereby
| reserved them"
would appear that by strict and rigid construction of
this article, fishing vessels of the United States pre-
cluded entering bays and hsrbors OF the British
provinces, except for the purposes of shelter repairing
damages, and obtaining wood and water. bay, as Is
usually understood is of the sea- entering
from the between capes and headands and the
term applied equally small and large of
thus situated. IL Is common speak of Hudson Bay
the Bay of Bscay, although they very large Of
water The British authorities insist that England has
right to draw line from headland to headland, and to
capture all American fishermen who may follow their pur
inside of that line. II undoubtedly oversight
in the convention Of 1878 make large concession to
England since the United States had usually considered
that those inets Of the ought to be
open American fshermen freely the sea itself, TO
within marine miles of the shore In 1881, the legis
of Nova Scotia proposed for the consideration
o the Advocate General and Attorney General OF England,
upon construction Of this rcle Of the convention.
The opinion delivered by these officers of the Crown
was that "by the Of the convention American cit
excluded from any right Of fishing within three
miles from the Of British America. and that the pre-
scbed distance OF three miles is be measured from the
headiands point of land the OF the
coast of the OF bays indens OF the coast
and consequently right exists the part Of American
citizens the bays of Nova Scotia, there to take
fish, although fishing being within the bay may be at a
greater distance than three miles from the shore OF the bay.
OF opinion that the headland Is used in the
treaty express the part Of the land have before
toned including the interior oft bays and the ndents
| of The coast
The yesesowu mentioned In the above circular des-
patch expected to be upon the coasts Of British North
America during the present month, uly) when, doubt,
seizures will begin to be made OF American fishing
sells which in the autumn pursue their business inents
on the from which II Is contended they ex-
cuded by the convention OF 1918.
Il s this construction of the intent and meaning OF the
convention OF 1878 for which the colonies have contend
ed since lsi and which they have desired should be
Il