New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-26

! OPINION tiat the fisheries themselves were of 40
cTeasIng value, rests upsn his own published state
ments. In these vie VS. he stood alone NJ, "A.
ans suggested to his associates and Mr. Cl.xa..
bodied in proposition, to be presented ia IN,
British Commissioners the principle that We held
our rights Of fishing by the same tenure az we did
our Independence that unlike another class Of
treaties the Treaty of 1888 10 be regarded as per-
petual, and o. the nature of deed, in which the
fisheries are an appurtenancs of the soil conveyed
or parted with and that therefore, no stipulation
was necessary or desirable TO secure the perPetuity
Of the appendage more than Of the territory itself
In other words, if we mast contract anew fortSh'
ing grounds, 80 must we also obtain new title to
the soil Of the United States. This, as | under
stand it, is the substance of the proposition itself,
and of the various discussions of which, from time
to time, it formed the basis. The position was
impregnable.
The arguments founded upon this ground were
not answered by the British Minister, in 1914, nor
by the Ministry during the negotiations which ter.
minated in tAe Convention of 1913. They are
unanswerabe. But it is not to be denied that the
present difficulties are attributable to the war.
Had the two nations remained at peace. there
could have been no pretense of forfeiture there
would have been no compromise in 1918 between
the British doctrine and our own and, OF course
no ambiguous instrument on which TO found pre-
tense to shut us out of bays that vessels have
visited ever since they were won of France. And
since England has not renowned the pretension
assented to BY MIR. Russell, it may be worthy the
consideration of our statesmen, whether the prin
= / tlo Of
lations similar to those which first caused its
serton. The consequences of wars no one is wise
enough to foresee the questions which they re-
ally adjust how few the questions which they
open for future generations, hos many
Notwithstanding the position taken by Msssrs.
Adams, Clay, Bayard, and Galatin, at Client, that
| our treaty " rights or liberties were net ab.
rogated by the war, the British Government re-
vived their pretentons to the contrary Immediately
after the peace. An American vessel was fallen
! in with by the ship Of war the Jaseur, Lock
| commander, in June 1915, when about torty-hve
miles from Cape Sable, aud her papers Endorsed,
| " Warned off the coast, not 10 come 'eitkin SIXTY
miles" 80 extraordinary procedure was prompt
| " disavowed as unauthOrized but discussions
ensued, which terminated il 1918, by the conclu-
sion Of a treaty that embodied a compromise as
| already remarked Of the adverse views OF the two
cabinets, and which is still in force. 1t is upon
this that Lord Stanley POUNDS the doctrines main
tanned in the dispatches presently to be inserted.
The distinguishing features of this Convention are
two first, that we gave up the catching along
certain shores and secondly, that our facilities
for dryiag and curing were increased. The prac-
| teal construction of both Governments has been,
that while all the large bays and other bodies Of
sea-water were open to our vessels, as under the
Treaty Of 1888, we should not take, cure or dry
fish rithin three marine miles Of any Of the Col
lOnial coasts, not specially mentioned in the Con-
yention. Or, to state the question differently,
that we retained all the sea-6sheiies, but rs-
nounced the boat or shOre-fsheries. The con-
stmction nor is, that our only fishing grounds are
those enumerated in the Convention. The State
pagers Just referred to shut our vessels out Of tho
waters along the principal part Of the inhabited
and inhabtable portions of the British Colonies,
end,hey specially prohibit us from gong within
three miles of the Entrance of any bay on the
coast of Nova Scotia or New Brunswick; " ex-
cept that, as a matter OF favor, we may continue
to frequent the Bay of Fundy-Oae shore IF
wtich, be ii remembered, is withiR he United
States.
propose to examine this matter with some
ninuteness; and first, let me say, that the British
Government have willingly, and only upon the
repeated opportunities Of the Colonists, set up
this construction. The documents themselves,
which follow, show this opinion to be well founded.
Both were written by Lord Stanley Secretary
for the Colonies (now the Earl OF Derby, aud
D., Of ard rno fret al
drefsed to Sir William Colebrook, Lieutenant
Governor of New Brunswick, and the second to
Lord Falkland Lieutenant Governor Of Noria
Scotia;
DOWNING STREET Both March, 1915
SIR: have the honor to acqusnt you, for your Ia.
formation and guidance that her Msjestys Government
have had under their consideration the claim Of the
citizens Of the United States fish IN the Bay of Fundy
claim which has hitherto been resisted, the ground
that bay Is included within the British possessons
Her Majesty Government feel satisfied Una. the Bay
Of FunOy hes been rightly claimed by great Britain
bay, within the Treaty of 1878; but they conceive
that the relaxation of the exercise Of that right will be
attended with mutual advantage 20 both cJunties-tl
the ni,ed States as comforting material benefit Ia
the fishing trade end 70 Great Britain and the United
States ccnjoin,y and equally, by the renewal Of
fertile source Of disagreement between them. Il has
,, Hu0ly been announced 10 the United State5 Gov.
eT6ynsn, thar American citizens would hencSllrward
10 allowed to 6sh 10 any pant Vi the Boy Of FGsd-,
provided they do not approach except Ia cases sgec
f,d in the Treaty of 1sl5 within thres miles OF the
erOgce Of any bay the coat Of Nsya Scotia New.
| BruusWlck. / have &c, STANLEY
DOWNING STREET, September Il, 1915.
! Ny LORD: Her Majesty's Govern.
have attentively consdered the representations
conuned In your dispatches, No 32i and 33l, Of tbs
| lith June and the 81 July respecting the policy Of
/ granting permission 70 tbs fisheries of the Uaited
States q hsh In the Bay Of Chaleur, and other large
bays Of similar character the COAT Of New Bruins
wick ard Noya Scots, and, approaching from your
statements that any such general concession would be
H. urous 10 the Interests O the British North American
Provinces We have abandoned the intention we had
sLeitaned upon the subject, and shall adhere % the
iet letter Of the treanes Which eKlst betRecn Graat