Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-21

I SUBJECTS, Whicb
had before been enjoyed in common pass by the
ty Of 1875 1t treaty concluded ut the end of our
second with Great Britain. In that treaty au.
sion whatever made to the subject ard so Great Br
tain contended that rights to the fisheries
with the war; because they had been re-estabshed
by the treaty Of peace We maintained the contrary
that retained all those rights, because they had
been surrendered by the treaty Of peace. The
ton Of 1918 convention made for the pur pose Of
settling this great dispute and did settle it in this way
The United States took under it, the equal right to hsh
in common with his Britannia Majesys subjects, in the
waters that wash the southern coast Of Newfoundland
from Cape Ray to the Rameau Islands the northern
and western coasts of Newfoundland from Cape Ray the
urpon lsands and also the right fish along the Magda
lene Islands and from Mount jolly the southern
coas. OF to and through the Straits of Belle Ise
ana thence northwards indefinitely. Here on this map
you see theae common fishing grounds By that
ton the United States renowned all right to fish any
where within the distance Of three miles Of the shore
within any other of the coasts bays creeks or barbors
of his Majestys dominons in North Amerc, or ~ enter
them Tor any cause but distress and want Of wood and
water The fisheries to which this provision was app
cable Were on the excepted coasts Of Nova Scotia New
Brunswick, Cape Breton, Prince Edwards Island and
portion OF Canada called Gaspe. You see them all here
on the chart.
Win the Senate please notice that the principal Ash.
cries in the waters to- which these limitations apply are
the mackerel and the herring fisheries and that thess
are what are called shoa fisheries !" that to say the
best fishing for mackerel and herrngsis within three niles
OF the shore Therefore, by that remuneration the United
Senators, please to notice. ALSO that the privilege of re-
sort to the shore constantly and dry fish, very
important. Fish can be cured and the sooner
cured the better they are, and the better is the market
price This circumstance has given to the colonies
great advantage in this trade 1t has stimulated
their desire abrdge the American fishery as much as
possible and indeed they seek naturally enough to pro-
exclusion altogether from the fishing grounds
Such the convention Of 1873 and such the effects of it,
On l4th Of june 1872 the British Parliament passed
an act or the purpose Of carrying the provisions of this
treaty INTO effect by which they authorized the King
issue orders in Council By orders in Council the Gov
eminent of Great Britain provided for the seizure per-
sons trespassng within the forbidden fishing grounds or
abusing the privileges Of the treaty.
Inc provincial Government of Nova Scotia in 1886
passed very stringent law for the purpose under the
preex OF preventing encroachments by American fisher
men, and simultaneously with this act they set up the
claim TO exclude American fishermen from entering
the great bays OF Fundy and Chaeur and all other great
bays and also to shut up the Gut of Canso to prevent
American fishermen from using that channel to reach the
Straits OF Northumberland and the Gulf of St. Lawrence
That Province asserted at the time, that by the
true and just construction of the convention of 1873 we
were excluded from the British harbors and waters ex
in cases of actual distress and authorized the police
to assume to judge absolutely what of distress
and when the plea has been aowedlong enough and de-
cared it cause Of forfeiture Also when fisherman came
IN for wood or water, he could show that he had
been well supplied when he left home The Province also
declared an abuse and ground Of forfeiture when
fishermen balted fish within three miles from the shore
and also when they prepared within three miles of the
shore, to fish outside those limits.
Moreover the Nova Scotia rendered it almost
impossible for fisherman to defend just cause because
1t allowed only month in which prepare his defence
and cast the onn proband the party libelled. Mr..
Stevenson and after him Mr. Everett with
he imperial Government against this atrocious act and
insisted on the construction of the de-
mand The Imperial Government INDUCED desire to
and submitted such proposition to the
colonial authorities of Nova Scotia That colony resist
ed, as think did all the others: and Nova Scotia re-
quested the opinion of the law officers of the Crown
the construction Of the treaty in regard all the points
to which have thus advered Those law officers confirmed
all the pretensons of the Nova Scotians Under these
the British Government declaring their adj
herence TO the given by the law officers yield
ed to the appeal of the United States far grant,
as concession that the Bay of Fundy should be open
TO the American fishermen subject to the limitation of
not going within three miles of the shore, and they de-
cined TO concede The American Minister bir Eve
received this not as concession but right The
British Minister insisted that it should be regarded not
as right but as a concession.
Mr. Everett wrote the 25th of March, 1845, thus:
81 received few days since, and herewith transmit note
from Lord Aberdeen containing the satisfactory intelligence
that after reconsideration Of the subject although the
Queens Government adhers The construction Of the CoHren-
ton hict they hare aiway maintained they hare still
the deterndtidn Of retariag from far 10 atow Ame
FusDY.'
So the one party calling it concession" and the
other defining it as "right," the privilege Of fish
within three miles of the Shore admitted and has
constituted departure in instance and point
from the rigorous construction otherwise pertnacously
adhered to by the Government Of Great Britain.
what the British Government had thus conceded q
relaxation the Colonial authorities still declared
wise and although this concession had been made yet
all that time, as well since the Provincial autho
rites have insisted upon the technical and rigorous
sructon of the treaty, and the United States upon the
more liberal and just The Imperial Government,
although it adopted and has adhered to the Provincial
tain it practically by force Such have been the atti
tudes of the three parties heretofore such their ae
tudes now
Now sir during all this time-I do not know how long
before-the Imperial Government has kept naval
force in those SEAS for the purpose of preventing
croaehmens and abuses by American and French fisher
men and the colonies have at all times, believe made
show Of naval force for that purpose, that
pretext
In the last year administration obtained the con-
troll of the Imperial Government with the Earl of Derby
at its head That administration understood to favor
the principle Of protection The United States pay consi
derabe bounty to their Observation-Disclosures amounting
about three hundred thousand dollars year-and they
impose duty Of twenty per cent on foreign fish.
The colonial fishermen claimed Of the new Ministry
they had been in the habit Of claiming Of the old Ministry
the assent Of the Royal the granting of boun
ties; and they complained to the Ministry, they
had been in the habit of complaining the old one the
of the American fishermen The colonial
authorities last year, by reports and resolutions threat
ened retaliation against the United States in form
these claims and complaints should be disregarded.
Under these circumstances the Imperial Government
in 1851 proposed the President Of the United States
negotiate concerning the questions raised by the Brit
ish Colonies and submitted through Sir Henry Buwer
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