The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-10

According g - com muDicstioDs impaired TO the
Puphs' through The mt dunn OF ministerial journals,
We are 10 understand, 1t appears that question
Of the fisheries has been ctory disposed Of by
negotiation and agreement The terms of the new
convention provide, il seems, for. what is termed
"acsOio.e ieclpfocty, OF, In other words, British
American waters to British fishermen, with no fur
ther than that of the three miles coast rder
which neither Of the contracting parties could with
any prudence foreg0 These stipulatons are charac-
teriacd by the organs of the government as both sim
pie and equitable. We are not much concerned to
gansay the description, but think the public win
coincide with US in the opinion that arran
Ct such lberahty must have been conducted with
extraordinary ursklfuness to have produced mo-
mace Of embodiment In point of fact we have been
veYgiDg on fome thing like rupture with the United
States in the very process OF concedng the point Of
dispute between US.
nfhe only subjec. Of discussion suggested by the
treaty which has hitherto regulated proceedings
was supplied as the reader knows, by the variety Of
Interpretation given to the word bay" The
Americans never asserted that thcy possessed or
we're entitled to possess the right of fishing within
three miles OF our shores They stipulated only for
tho liberty Of entering such bays as contained
fishing grounds more than three miles distant from
any point Of the coast and, if this liberty had
been formally as it was practically admitted there
would have been no dispute whatever respecting
the convention Of 1918. We did not say that the
British government was otherwise than justified in
its Interpretation of the article in question: on the
contrary, have shown sufficient reason for main
tanning such to be the only true and liberal con-
stIuption OF the agreement. There existed, how
ever, many obvious motives for relaxing in favor Of
the American remonstrants right which was some
what invdously derived, and which was produc-
tive of more risk than advantages but, when it had
been once decided to make this sion, it does
appear remarkably strange that measures should
have been so arranged as 10 bring at least the opin
ION OF The two States into temporary COLI sion The
Americans, it seems, are to be INDUCED in their own
Interpretation of the word bay; that is to say the
only point in dispute is to be given entirely in their
favor. aod yet We know that observations of the
most untriendly character have been made in Con
gress, and ships Of war despatched to certain
rendezvous, with general miagivings Of a possible
rupture
On an impartial review OF these proceedings,
though we are disposed to suspect Mr.. Webster of
considerable iIsinceIity, We cannot acquit her Ma.
jesty's government OF very false states mauship.
The decision which is now announced must either
have been originally contemplated, or induced by
circumstances ransprin in the course OF the trans
action. The former supposition would be the more
charitable OF the two. bu. we find it hard to be
administration or with the tenor of documentary
evidence. 1t certainly could never have been ex-
pected that government committed to at
least tie theory OF colonial protection should
the notorious demand Of our colonies, point which
even free trade administrations had never definitely
surrendered Still less could it be conceived, when
Sir John Pakington announced his intention Of re-
=
views included the abandonment Of the privilege for
the maintenance of which the colonists had sue
cessfully petitoned Lord Stanley short years
ago: That such abandonment broadly speaking,
might be Judicious stroke Of poli:y we do not
deny, butt considering what were The known desires
of our North American fellow subjects, and what
the professed disposition of Lord Derby's govern
mept towards them, we do not see how a movement
declared to be made in their interests could ever
have been expected to result in the surrender of the
very point which they were eager to defend. The
coonists had always entreated that the fishermen Of
the States light not only be kept at distance from
their shores, but excluded from their bays. new
Colonial Secretary advertises his intention of at
length removing all their grounds of complaint, de-
spatehesa naval force for this purpose, ncenses the
people of the Union, and then brings the question
to What is called simple equitable and satisfac-
tory termination, by agreeing that the Americans
shall be at liberty to enter the said bays according
to their claim. If this is craftsmanship there are
evidently some faculties of administration ranking
good de al higher.
If at the date of Sir John Pakington's first des-
patch It bad been determined that the question of
The bay fishing should be resolved in favor of the
Americans it was scarcely competent to the govern
Rent to take such credit with the colonies for its
protective disposition, and surely little injudi.
cious 10 employ such expressions as psrmitted the
Americans 10 assume and improve the very conclu-
sion which il had been resolved forego. Our pre-
tensions to on exclusive property in the colonial
bays however justified by letter tradition, were
obnoxious in character, and so indefinite in prac
tice, that an nimaton Of enforcing them was liable
to be very ovdioosly represented ia the States of
the Union. Use end sufference had created, if not
legal rights at least such considerable interests that
the facts could not be overlooked and though we
were not perhaps called upon to tender gratuitous
REIMBURSEMENT of our claims, ght at least have
80 ordered matters that the American government
should have had no opportunity Of charging with
intentions which wc never entertained. The tran
saction however, was SO conducted that for some
weeks togeth er it the universal impression in
America that Great Britain contemplated the enforce
ment OF the treaty Of ISIS in respect to the fishing
grounds Of the bays The misconception was clearly
not confined to Mr. Webster, nor to those whom
he adore ssed 1t prevailed in every State, in Con-
gre SO, and even in the Cabinet of Washington; Eor,
although President Fillmore may not have parti-
cpated in the whole policy of his Secretary of State,
it plain, from the despatch of vessels to the fish,
ing grounds, and from the activity Of the dock
yards, that the supreme government of the Union
toresees the possibility Of difficulties from this
strangely managed concession. Surely, if the Anne
ricans were to be INDUCED in the only point they
could dispute, the favor might have been SO bestowed
as to improve, rather than to disturb relations,
what better security rights which had never been
contested, though sometimes infringed
The original error resided in the complexion given
to the dispatches by which the intentions of govern
ment were conveyed to those concerned. The colo
nlsts were addressed MS If active measures at
length TO be adopted for the preservation of their
privileges, and the American government received
information Of the facts in a note which gave not
the slightest ntimaion that our interference would
be limited to those points only which were not, and
never bad been disputed. demonstration was
made ip favor Of protection, and credit was taken
WITH the colonis;s for such unwonted attention to
their interests; but the consequence was that we
have been exposed to serious Misrepresentation,
though all the while the propositions imputed to us
were never entertained. The Americans have re-
ceived all that they asked without acquiring any
sense of Obligation and the colonsts win be dis
appointed of support which they had been induced
to anticipate. As to the reciprocity" it exists
merely in name The British waters are Of vast
value to the Americans, but the American waters
are ONO to the British The real fishing grounds,
as all parties well know, arc those oil our own |
coasts. That this very circumstance should have
disposed us to liberality may be true enough but it
is unsatisfactory to reflect that in making generous
terms With friendly state at some sacrifice to our
selves, we have not only gained favor, but have
incurred the chance Of actual hostility