The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-19
NE WS BY LEGRAPH.
HIGHLY IMPORTANT STATE PAPER.
The Difficulties between the American
and British Fishermen.
THE GEORGIA UNION CONVENTION
&C., &c., go.
The Difficulties Between tho American aad
BritIsh FisheEmen.
OFFICIAL


DEPARTMENT OF STATE, /
WASHINGTON, July O. 1852
Information of official character has been received
at this Department to the following effect
The late Ministry Of England opposed to the grant
ing Of bounties on principle and in consequence, II
steadily refused to give the necessary assent to the acts
of the colonial Legislature granting bounties to the fine
res The colonies complained severaIy this interfe-
with their local affairs and they further complain
that the declined to enforce the provisions
the Fishery Convention Of 1915 and thereby permitted
American fishermen to encroach upon tho best 6.hing
grounds from which, under the legal construction Of tho
treaty, they ought to be excluded.
With the recent change of ministry in England has
occurred entire change of policy The present Sec-
retay of State for the Colonies Sir John Pacngton has
addressed circular letter to the Governors the
raj North American Colonies extract from which is
follows
Among the many pres1SS susssss Witch MAY
the attention of since their assa no
nation than the questions relating proteOton
.as sv @ SGf .%
ops consideration the upon this subject
failed observe that whiss have been
vess
j. h. been subject Sfeomnaiot that i'm should
,s the s.sst@ss' sesates ssnd:'sa Isss.
complaint on the Esrs Of the Colonies consequences of
upon water from which they excluded v the efhs
as as ms sIey oos of sp
vessels to enforce the observance ofthat convention
This announcement is accompanied by the following,
as to bounties -
the British Colonies means Of bonn,ies Her Msestys
S to
M t prevent these
% S ss s ss .sq
& a s %
condmene tn which ssy may deem most
Meantime, and within the last ten days. an American
fishing vessel called the Coral belonging to Machias in
Maine has been seized in tho Bay of Fundy Grand
Menan. by the officer commanding her Majestys cutter
Neey already arrived in that bay for nfaction Of
the fishing convention. and the fishing vessel has
been carried to the port of St. John N b. where pro-
ceedngs have been taken in the Admiralty Court with
view to her condemnation and absolute forfeiture.
Besides the small naval force to be sent by the Impe
rial government the colonies bestrring themselves
also for the protection of Itheir fisheries Canada has
fitted out armed vessel to be stationed in the Gulf
and this vessel has proceeded to the fishing grounds
having on board, not only naval commander and crew,
with power te seize vessels within limits but also
a stipendiary magistrate civil police, to make
prisoners of all who are found trangressing tn
LAWS OF canaaa, /. e,ao- to their being my ,.-
Of Newfoundland had fitted out an armed vessel for
the purpose of resisting the encroachments OF
French fishing vessels on the coast of Labrador,
but, when ready to sail from her port, the Cover
nor ofthat colony acting under imperial instructions
used to give the commander of the colonial vessel the
necessary authority making prize of French vessels
found trespasng Thsis extraordinary
especially when taken in connection with the fact that
the like authority to seize American fishing vessels under
similar circumstances has been refused TO the
cruisers of any of the North American Colonies
The colony of Nova Scotia has now four armed
cruisers, well manned, on its coasts ready TO pounce
upon any American vessels who may accidentally
otherwise be found nshiDg within the limits def by
the crown officers of England. New Brunswick has
agreed with Canada and Nova Scotia to place cut in
the Bay OF Fundy to look after Americans fishing there
and at Prince Ldward Iaand. and her Maesty's steam
rgate Devastation has been placed under the insruc
tons OF the Governor of that colony rhe first article Of
the convention between the United States and Great Bri
tain. of the Goth October 1915 is in these words-
Whereas differences have arisen pecug the liberty
claimed by the United states the nbabaats theccOf
iRq
The ." the a af
fsrsyer. . in oOmmGp wth The subjects Of ,ua III,
h s to Of ass
tends from Care Ray to the Kamesn isaaas on the west
ssa A. gareea ilsads: tSs shore;
COASTS buoys harSoTs and grssk from Mt Jdy, ths
Sc @ GGst Of The LaersSo5 to ana es
ts coast Shou dice ho xever to Of the exclusive
cam shs t' and
fish in any Of the nse.,ed s.ys harbsTs %
and on tie Of Labrador: bu. so soon as he
lawful for te said asSei men 60 dry or cure s at pr
on 50 s1td M Isbau previous or sasn our
ground: 49,
ty epo,e5 or by the ihrco
to take dry or dsh within three marine m.e f
Of the coasts ba creeks hsrhors ~ her Brtannc
Majestys ions IN Ageea MT ioeln led vi ma the
rican dsherlasn bays har.
e an sG Of wSss asr fsS Of re.s @
no o.he purpo. steyer Bat they shall be under sn III
drying Or curing or 10 any other manner what
ever abusing the prpiieges hereby res them.
1T would appear that by strict and rigid construction
OF this article fishing vessels Of the United states ace
rrecludtd from entering In bays aud hirhors OF the
British Provinces except for the purposes of shelter re-
pai ing damages and obtaining " od and wa'er. Ably
as usually undcr tood " OF the set
tefipg from the between capes and headauds an
tie term Is applied equally mln and large Of
water thus situated IL Is to speak of Hudson
Bay the Bay Of Biscay although they larg.
tracts Of water. The British authorities insist that Eng
land has right to draw line from headand to head
land ana to capture all American fishermen who may
follow their pursuits inside Of that hue. 1t wa. un
donbtedy an oversight in the convention of 1878 to
make so large concession to England since the United
Sates bad usually considered that those vast inets
reccsses of the ought TO be open to American fish
eImen freely Is the itsef to within three marine
miles OF the shore. In 1881. the Legislature of Nova
Scotia proposed for the consideration Of the Ad
yocate General and Attorney General of England upon
the tue construction of this article OF the convention
The opinion d'ivered by these officers of the crown
wa that by the terms OF the American ci
excluded from right Of fishing within three
mil, from the coast of British Amecs and that the
prescribed distaI Of three miles measured ffol
The he tdnDG extreme point Of land next The OF
the coast Of the entrance Of bays ndeus OF the ost
and consequently right EXIST the pat Of American
citizens TO nter the bays OF Nova Scotia there TO take
fish, although fishing being within the bay may be MT
greater distance han three miles from the shorc of the
| bay, OF opinion that the term hcadland Il
uco in the treaty TO express tho part Of the laud
have before Toned including the interior OF the bays
| and thc inoepts Of the coss ;
The vessels of wal uienuued in the above circular
despatch are expected 10 be upon the coasts OF Bi>n
North America during the present month (July), vden
no doubt seizures will begin to be made Of American
fhpg vessels which In the autumn pursue their bust
ness inteps the coast-from which 1t Is contcDded
they excluded by tho convention OF 1878
Is this construction Of the intent and meaning of the
convent OF lSle. for which the colonies have con-
tended 'ince 1s4l and which they have desired should
be enforced
The EDglsh government has now would appear con-
seuted 10 do and the immediate effect will be the 10 Of
the valuable fall bshDg TO American fisheries complse
interruption Of the extensive business of NV EngsD