The daily union., 1852-09-03
TO the Fishermea OF Massa chusetts.


lude OF your interest," that il might not seem 10 any
unworthy OF wachful care aad again, in incidental
debae spoke OF my Interpretation OF the treaty and my
determination 10 stand by and maintain your rights. but
declined entering fully into the subject OF controversy
upon resolution OF inquiry, believing that more suit.
able opportunity would soon occur by report from the
Committee on Foreign Relations The great pressure of
business has prevented the reference OF the Tesou-
ion and IN this urgency OF other matters all opportunity
Tor debate has been lost do not. however feel willing
TO leave The subject without spreading before you suecnt
statement OF the position OF things that you may under
stand al least my view OF the whole subject This is due
TO correspondents who have written TO me. and must be
my answer TO all. t-E
To understand the full bearing OF all the points OF con.
uoversy We must back to the treaty OF 17S3 by which
Great Britain acknowledged independence, The
fisheries were then comparatively greater branch OF
dusry trade, and than at this time We had
up TO the war; carried the business with success and
supplied largely the great markets OF Catholic countries
IN Europe but the broke up the pursuit. and many
OF The fishermen either entered the army, the navy or
pnvateers, They were then, now, the friends of
liberty and devoted TO the honor and fame of the country
Great Britain in the treaty made liberal. if mag
nanimous concesson Tor she permitted the fishermen of
the republic TO pursue their business in her remaining do
mnlons IN North America, upon nearly the and
conditions which they had enjoyed British subjects This
state OF things continued I'LL the declaration OF war in
1912, when the business again broken up AT the
making oil the treaty OF Ghen which restored peace in
lsl3' the American ENJOYS made strong effort TO pro-
vide again for the fisheries by securing the priv
leges which had up to the war been enjoyed They con-
tended that the concessions in the treaty OF 1888
privileges but rights, which they likened to natona
ty independence, and said they were as much rrev
ocable as the recognition OF us OF the family Of
nations The British ENJOYS, the other hand, denied
this inference and claimed that the war abrogated all
these privileges. and consequently if conceded anew
they could not be enjoyed in her domDions The parties
could not agree, and the subject waived for future
negotiation, which was renewed and the discussions
again elaborated both Sides each party adherng his
construction Of the treaty OF 49, This difference OF
opinion adjusted in 1918 by mutual concessions
Great Britain yielding portion of the old rights catch
an ina thar III
TO the rest oi her North American dominions The ari.
Gle OF the treaty which embraces the whole provisions
made, and upon which all rights depead, is as follows:
"ARr L. Whereas difaences have arisen tho
bery claimed by the United States for the inhabitants
thereof, 10 take dry and fish certain coasts bays
America it agreed between the high contracting parties
that the inhabitants of the said Uned Staes shall have
jssy the liberty fish of every kind on that part Of
the southern coast OF Newfoundland which extends
northern coast of Newfoundland from the said Cape
Ray to the QuirPon islands, on the shores of the Mag
creeks, from Mount Jolly, on the southern coast Of
Labrador, to and through the straits OF Beleislej and
out prejudce however, to any of the exclusive rights
OF the Hudson Bay Company. And that the American
fish any part Of the unsettled bays habors and creeks
Of the southern part Of the coast Of newfoundland here
same, any portion thereof shall be settled il shall
be lawful for the said fishermen to dry fish
such purpose with the Inhabitants propetos or posses
sors OF the ground And the United States hereby re-
nounce any liberty heretofore enjoyed or claimed
oithin three mIrns nrss of the coasts bays creeks
ca, included within the above. limits Pro-
Udtd, kossD, That the American fishermen shall be ad
shelter and OF repairing damages therein Of
wood and of obtaining Waer and for no other purpose
be necessary prevent their taking, drying curing
therein or a any other manner whatever abusing the priv
iieges reserved to them
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difference has arisen in the construction of it, and upon
this difference stands the whole controversy.
Great Britain comedies the former right OF fishing and
curing along part OF the south and all the west
coast Of Newfoundland where there are no settlements.
and a.so on large part of the coast OF Labrador
and the Masdalen islands. No dispute has arisen in
regard to this part of the treaty. except at the Mag
daen islands 10 consideration OF this grant we renounce
forever any liberty before enjoyed claimed lake d,y
fish, pihin three marine miles Of any of i6.
coasts bays, creeks harbos OF his Britannia Majesty
domnions in America, not included in the above limits
Great Britain claims. shall in its proper place
show, that hi language Is 10 be so interpreted
clude our fishermen from all bays creeks and harbors
both great and small and that have renounced the
right 10 fish in Fundy, Chaleur. Mumichi, &c in ohe
words that we have renounced waters where The law of
nations would permit US 10 fish II this be should
instead of taking the American proposition, did in
making the treaty. have been much wiser il we had take
that made by the British envoys which broader and
more liberal, since il only excluded from the rivers
But apprehend this is by no means the construction
designed by the negoators They had quite different
views and this criticism to be mainly impu.
ted 10 colonial jealousy and rivalry The American en-.
voys, MIR Rush declares, chose 10 what
surrendered that there might be msconcepton on so
vital point II this remuneration stood by itself there
would be some strength in the British claim but we
look into the proviso find the meaning Of the
remuneration That proyso follows il. making part OF
it. The language is:
Provided hoptUo, That the American fishermen shall
be admitted 10 such bays harbo FOR the purpose Of
shelter, and OF repairing damages therein of purchasing
wood and OF obtaining water, and for other purpose
whatever"
They have right to enter such bays-meaning beyond
all doubt the bays and barbors Ienounced for shelter
repairs, wood, and water This language implies, in
terms not TO be mistaken that the bays and harbors
nounced are places where OF the privileges
secured may be enjoyed.
First They TO be places OF shelter-that s where
safe anchorage may be had in all such pro.
lection is necessary from any This is most i'm
portant, substantial privilege in tempesuous climate
where the coast is bold and rocky and visited by frequent
dense ogs and where the tide rises to unprecedented
height and runs with fearful velocity Lieutenant
Paine, OF the navy-sent down to look into the difficult
ties in disappearing on this point, says:
THE navigation parts OF the s
count the extraordinary tides as perious IN Gains and
fogs as in rough weather"
Second. The privilege OF repairing is secured.
crippled vessel II compelled 10 return home, for repairs
would break up her trip She therefore 10 have the
could be made and TO lie there for that purpose reason
able time. ~. - Ha
Third. The privilege OF obtaining wood and water as
needed IL would be cumbersome and inconv venent for
small vessels TO take supply Of wood and water for
era months and there is great saving of
pense IN obtaining supplies of wood where the article
abundant and cheap Fresh water, too, indispensable
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