The daily union., 1852-08-05

ment n some respects different IRON the treaty Of
1888 BY that treaty The American fishermen
kno"ied9ei TO have the right TO fish the Grand Banks
and all the other banks of Newfoundland, and also in
The Gull OF 81 Lawrence and at all other places the
where the inhabitants OF both countries any time
before used to fish and also the of Newiound
land and on the soass bays and of all The other
on all the colonial coasts except Newfoundland.
The new convention restricted the right 10 fsh-hat
= to fish within three marine miles OF the coasso the
lines and points enumerated in that instrument and the
right TO dry fish the coast OF Labrador and 10 portion
o the coast Of Newfoundland, which substituted
Tor more extended recognition in the original es,y
The consideration on the part OF tho United States
for entering into this convention the amicabe
rangemeat OF apepexing and dangerous question: which.
while was open was At any time liable TO lead 70 war;
and the security OF large portion OF the rights claimed
by them, which placed this great fishing interest pros
porous condition The consideration the pari OF Eng
land was the permanent establishment OF the amca
Bile relations OF the countries. and the relinquishmen
BY the United Staes OF some part Of what they had pre-
vouLy claimed. Each party. therefore. surrendered
the relations they had previously occupied portions OF
common empire But their rights sovereign States,
having reference to previous connexion. were neher
touched, designed to be ,oucheJ by this convention
We did not ask OF England, did she ask OF us, the
privilege OF fishing in the ocean three marine miles from
each Others No treaty needed for that pur-
pose, nor did either government dream of it. What we
wanted the enjoyment OF right we bad possessed
since the settlement OF the country, to fish to the
coast when necessary, without reference the question
Of jurisdiction, aud to dry the fish proper places and
what England wanted was TO reduce these claims with
ndrfOWeSt
and the result was the existing arrangement
We did not get the right 10 fish on the from Eng
land. nor from any other earthly power. We got it from
Almighty God, and mean to hold on TO it, through the
whole extent OF the great deep. in the days OF
strength as our fathers held to il in the days of
weakness Should we abandon this attribute Of indie.
endence, even IN any extremity which human sagacity
foesee should prove recrean both to the goes Of
the past and to the hopes Of the fuure the deeds OF
know but little OF The character Of my countrymen ii
they would not reject with indignation any proposition
thus TO tanish their history and to write their own dis
honor upon It,
What, then. repeat have secured by the conven-
hon The right to take fish within three miles. and the
right to come ashore TO dry them and the right OF shelter
In certain coasts, harbors creeks, and bays In what
bays do we possess rights for there arises the contro
versy
indefinite in its application Neither the form. size,
position of the various expanses OF water TO which il is
applied has any such strict relation to give to the
term fixed definition We have designated that great
interior sea- under the Arctic circle named from the
prsng mariner, Hud son, bay, though with its various
ndentaons extends through 20 degrees OF latitude, and
as many OF longitude. And the few miles at the mouth
of the North rver forming the harbor OF New York,
equally entitled TO the appeIlaton Ba6in's bay
is another prodglOus DdeDtalion oil the ocean,
ing, with Daviss straits as far as Cape Farewell, a
greater than the Gulf OF Mexico and the whole
Caribbean sea. The Bay of Biscay-whose headlands.
according 10 the doctrine may be said TO be Brest.
my honorable friend from Louisiana MIR. SoULEl well
knows. on the northeast and Corunna the southwest.
giving an arc OF five hundred mes-is another OF
BILE name; and 80 is the Bay OF Fundy, though less,
and the Bay OF Cbaieur, from both OF which
to CULTS and seas; for have them OF all and
forms, from the great Gulf OF Guinea and the Mcdi-
eranean sea down to The Gulf OF Patras and TO the far
famed bat dlmnutlve Marmora, renowned in history, but
insignificant IN geography.
Now. sir, II Is pTepos,erous to run line from one
projecting point OF these vast expansions 10 the other.
and claim Tor the State which holds the coast, if
IT is the whole OF II, exclusive jurisdiction great
OF the ocean, with the right TO prevent any
other nation from enjoying them either for the purpose
oil hshing or oil navigation.
That there are many land locked inaentaons which
constitute portions of the territory of the country whose
coasts su round them ipdispuahe Ii not
into the public law. made since by general
sent, which regulates that subject No doubt cases may
arise where rights claimed and ressted which are not
easy OF adjustment in consequence OF the absence OF
fixed principles When such controversies arise they
must take their own course of settlement
But, independent OF these general considerations appl-
cable 10 the larger bays and gus OF the hshing region
there others which fix the meaning OF the word bay,
employed 10 the convention, beyond reasonable doubt
dispute beyond all cav but deermnaio to resort
to interest rather than to for the Specification Of
term The convention by indicating the use OF the bays,
sufficiently indicates their nature They are for the pur4
pose OF ahoding sisr, DC Now what shelter can the
storm beaten mariner find in the Bay OF FuDdy in
the Gulf OF ST Lawrence Both OF these seas are among
the dangerous that hardy compelled
10 encounter whatever may be their pursuits or where
they may range the ocean. They are proverbiay
peous and deceiu. and the right to find shelter upoa
these tempestuous would not be worth the paper
on which 1t might be written
The Montreal Herald, indeed, in a late number, while
accusing the American OF standing "upon any advan-
ases they possess cuts hs Gordan knot with great
by the discovery and annuncaton that "ihere il,
after ALL real ground for considering this insult;
for the bays and straits where the BRUSH men-o-wa
are stationed are exclusively British as the British
cbanoel." Quite cool, this claim The great high
way which separates France from England, twenty one
miles broad in ils narTowest part. This il going back
ward. indeed-o the days OF Selden, The advocate OF
III precosou, and TO the reign OF Charles. who hoped
to establish IL The knowledge and the modesiy OF the
editor equally compendable.
The bays OF the convention are classed with harbors
and ereeksa classification siguhcatvc OF the object.
They are defined bays "oi bis Britannia Mass,ys
domInions" which the British government has Ju-
rsdlction it has the land that encrcIes them.
That such the understanding OF negoiiaofs Is
rendered clear by the terms they employ in their report
upon this subject They say, :" II Is in that point Of
that privilege of entering the ports for shelter b
useful" &c Here the word "pors' il used de-
scriptve word embracing both the bays and harbors
within which shelter may be legally sought, and shows
the kind OF bays contemplated BY our trainers OF the
treaty And j, little curious that the legislature Of
Nova Scotia have applied the meaning 10 similar
with this title "An relating to the fisheries in tho
province OF Nova Scotia and The coasts and harbors
thereof" which act recognizes the convention. and pro-
vde- for s execution under the authority oi an imperial
statute. Ii declares that harbors shall include bays.
ports and creeks Nothing show more clearly their
opinion OF the OF the shelter secured 10 the Aner
can fishermen.
The general views OF Messrs Rush and Gallatin are
shown ~ the following extract from their report, and
Introduce because has important bearing upon the
whole subject before us;