The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-23

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Mr.. zsno seudder.s spsssh ON the F'isAeriss.
s Ofsall the speeches which have been made
ON this subject that of Mr.. ScUDDER, Of the
Cape God district Of Massachusetts, is the most
thorough ...
Besides giving an interesting history of the
rise and progress of the fisheries. and showing
their importance "a giving employment and
Subsistence to hardy and msritorious class Of
citizens, and a. nurseries for American ssamen,
the exact status Of the International question is
lucidlY set forth. . o ~ n 5s ,.l, s5 VIZ
Mr.. ScUDDEa shows that in the treaty Of
1888 the distinction is clearly defined between
tho ssrigka to take fish" and the "liberfy TO take
6sh;' and this distinction between right and
liberty seems to have been overlooked by other
speakers ON this subject, and by writers who
have discussed the question. a3
This distinction is an important one for the
American side Of the question. n,6pat
y, While not denying that Liberties, grants,
concessions, or privileges, secured by treaty,
are abrogated by subsequent war between
contracting parties, and that after peace is made
liz is necessary to treat de nouo concerning
them, Mr.. SoUpDER contends that rights are,
not affected by war. The former are subjects
Of contrac-the latter Incidents of sover-
eighty. .,. -. .'y "h
The following is an extract from the speech;
Again, sir, l have heretofore alluded to the
broad and recognised distinction betwixt the right
and liberty Of fishing in these British waters. =
shall now proceed TO show that our right of fishing
in the tDhole of the Gulf of st. Lawrence, which,
includes the Magdalen Islands, Prince Edwards
Islands, and probably the Bay Of Chaleur, which
empties into it, has never been touched or affected
By any treaty since that of 1853, by which It was
recognised and stipulated for. i 'n1,s4 ,.g%,
At the close Of the Revolution the United States
claimed these fisheries in common with the British,
as a right appurtenant to the country, and which
had become fixed By the acknowledgment of indie.
pendence The British, on the other hand, con.
tended that we had right, but that if any privi-
Iege in them appertained to u.s. 1t was liberty. II
10 important for the committee and the country to
note the denomination of the easement which each
was tenacious Of The Americans denomnated it
q right. The British denominated it liberty. How
ever unimportant this distinction may appear at
the first view yet il considered Of cast import
ance by those who negotiated the treaty of 1883,
and intend to show that it 10 equally important
in constituting the treaty of 1918. The right signi-
fed the holding of the fishery independent of and
without the permission of England; but the liberty
signited the holding it under contract, and by he
consent. In the former case, a subsequent war
would not abrogate it, but in the latter 1t would,
unless provided for anew in the treaty of peace IL
any one will examine the diplomatic correspond
ence and debates of the peace commissioners Of
1888, he will ind much earnestness in the discus-
sions upon this subject. It was then that John
Adams said:
"Gentlemen, is there or can there be a clearer
right In former treaties, that of Utrecht and that
right and used the .oord." s'If occupation, use,
and possession give night, we have it as well az
you" ''if war, and blood, and treasure give o
" hsas it as vb well should the etg g
lodged and put out OF dispute?" "Why should we
leave room for illiterate fishermen to wrangle aud
chicanes" 'The right, the right, or no treaty"
The reasoning Of Mr.. Adams was confessed to be
good, but the British commissioners doubted their
authority to acquiesce. MIR. Adams again pressed
the matter, and said he would never sign the
treaty without the acknowledgment Of the right
made. in which the right in certain parts and the
liberty in others WAS acknowledged This treaty of
1883, upon its face, shows that was the result Of
compromise DctW1xt the TSghe ana the tlOeTtu, Tor
both are provided for by its terms.
The first provision Of the treaty, which acknow-
lodges the right. reads az follows:
at is agreed that the people of the United States
take fish Of every kind on the Grand Bank. and on
all the other banks of Newfoundland; also, in the
Gulf Of st. Lawrence, and at all other places in the
sea where the inhabitants Of both countries used at
The second provision, which acknowledges the
liberty, reads as follows:
"And also that the inhabitants Of the United
ON such part of the coast of Newfoundland as Brit
ish fishermen shall use, (but not to dry cure the
same on that island;) and also the coasts bays
and creeks Of all other Of his Britannia majesty's
dominions in America" ,,,; .-s .'.r .s. -
Here, sir, we find the two distinct interests pro.
vided for BY two distinct, though Immediately con.
nected, clauses. If they were Synonymous, they
but they we're not; they were 20 different as to be
separately stipulated for.
BY this treaty we have the British acknowledge.
ment of our title to right on the Grand Bank, and
on all the other banks of Newfoundland, in the
Gulf Of st. Laurence, and at all other places in the
sea where, sc. And the grant or acknowledgment
Of liberty to fish such parts Of the coast Of New.
toundland as tho British fishermen shall use, and
on the coasts bays, and creeks of all others Of his
Britannia majesty's dominions.
With these facts and distinct titles before US, we
which grew out of the war of 1871 tAtthe treaty
of 1914, and the subsequent correspondence, il
commended by the British commissioners that the
had abrogated our title to the fisheries. They
did not contend, however, that it bad abrogated
our rights TO the fisheries, but the liberties which
depended upon treaty or contract. Thus, in Lord
Bathurst's correspondence with John @. Adams,
he says, referring to the treaty Of 1888: aa.@t
elm the third article Great Britain acknowledges
the right of the United States to take fish On the
banks, &C., from which Great Britain has no right
to exclude" &C., SC. t....t .... ..'. 'H,'ta
And further, he says: ,s&n4 70. .st..
''It is surely obvious that the word right is,
throughout the treaty, (the treaty Of 1882 used
applicable to what the United States were to
Joy in virtue of n recognised independence; and
the word liberty to what they were to enjoy
concession, strictly dependent the treaty itssy''
, The treaty Of 1914 was finally concluded, with
no settlement whatever in regard to the fisheries.
or tho effect which the war should have upon
them. The titles of the rights and the liberties
therefore held in allegiance, at least the latter
until the third era or stage arrived, which W that
of 1918, in which We have paper muniments and
evidence. s,. .., ...,, '..',. .,..s. sEl5.ees
What effect did this treaty or convention have