Southern standard., 1852-08-07
The American Fisheries.

A very interesting official circular, bearing date
JuIy6, 1859, from the State Department and sign
| ed by Daniel Webster, is published in the Balti-
more Sun of the Goth inst 1t refers to informa-
ton lately received from England as to the con-
struetion now placed by the English Ministry upon
the Convention of October 90, 1918.
The circular notices the fact of the recent seizure
| by a British cutter of an American fishing vessel,
for an alledged infraction of this Convention and
' of her having been carried into the port Of st.
Johns, with view to admiralty proceedings against
her. 1t also notices the fact that the English
Government are about to despatch to Nova Scotia,
a small naval force of steamers to enforce the OBJ
servance of the Convention.
lit would appear that by strict and rigid con-
struction of this article fishing vessels of the Uni
' ted States are precluded from entering into bays
and harbors of the British Provinces, except for
the purposes of shelter, repairing damages, and
obtaining wood and water. A bay as is usually
understood is an arm or recess Of the sea enter
ing from the ocean between capes and headlands,
and the term is applied equally to small and large
tracts of water thus situated. 1t is common to
speak of Hudson Bay the Biscay, although
. they are very large tracts of water. The British
authorities insist that England has right to draw
line from headland to headland and to capture
all American fishermen who may follow their pur-
suits inside of that line.
1t was undoubtedly an oversight in the Convcn-
ton of 1918, to make SO large concession to
England, since the United States had usually con-
sidered that these vast inlets or recesses of the
ocean, ought to be open to American fishermen,
as freely as the sea itself to within three marine
miles of the shore In 1881, the Legislature Of
Nova Scotia proposed case for the consideration
| of the advocate General and Attorney General OF
England upon the true construction of this article
of the Convention.
The opinion delivered by these officers of the
crown was, that by the terms of the Convention
American citizens were excluded from any right oil
fishing within three miles from the coast of British
America, and that the prescribed distance of three
miles is to be measured from the headiands or ek-
treme point of land next the sea, of the coast or
of the entrance of bays or nets of the coast, and
consequently right exists on the part of Ameri-
can citizens to enter the bay of Nova Scotia, there
to take fish, although fishing, being within the bay,
may be at greater distance than three miles from
the shore of the bay. As are OF opinion that
the term headland is usual in the treaty to express
the part of the land we have before mentioned
Including the interior of the bays and the indcntS
of the coast.
The vessels of war mentioned in the above cir
cular despatch are expected to be upon the coasts
of British North America during the present month
(July) when, ne doubt not seizures will begin tc
be made of American fishing vessels, which in the
autumn pursue their business lntents on the coast
| from which it is contended they are excluded By
the Convention of 1918.
Its this construction of t intent and meaning
of the Convention of 181 8 for which the colonies
have contended since 841, and which they have
desired should be enforced.
This the English government has now, it woulc
appear, consented to do, and the immediate effec
will be the loss of the valuable fall fishing to A
merican fisheries, complete interruption of the
extensive business of New England, attended BY
constant collisions of the most unpleasant and ex
citing character, which may end in the destruction
of human life, in the involvement of the govern
ment in question of very serious nature, threat
ening the peace of the two countries.
Not agreeing that the construction thus put up
on the treaty is conformable to the intention of tht
contracting parties; this information is however
made public, to the end that those concerned II
American fisheries may perceive how the case a
present stands, and be upon their guard. Th'
whole subject will engage the immediate attention
of Government.
DANIEL WEBSTER,
Secretary of State.