The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-17
Oar vEashlnsssn OsxrsspsHdsnos.
WAsHruuFoN. Ia. 9. 1885,

WAsHuaT0N, Dec. 8, l6oz.
RE Nshuy Question -Co~sastjono of l8l8-Empsial
swd Colonial ,Legislatisa OosssqSsat 1xUeos--
Right 10 Navigsss the Gxt Of Cswso DENIED to Anbw-
icsw Tssssls- Note of MI Stevenson Remembering
against Proceedings ~ NoUa Scotia Important |
Despatch from Lord Stanley approving Of them |
Cha~cdlor Kemt's Opinion ss to National J~is-
dictiow- Quantity asd Valss of Colonial Fish
Imported Last Year, &c. AtbA
Az the question Of the fisheries has at length been
brought officially before both Houses OF Congress- IN
the Presidents annual message ut the opening OF
the present session. succinct account Of what mas
taken place since lslS with reference to the subject
NAV not DO deemed interesting, not only to the
seneral reader but to these who may be called upon
to legislate.
The convention of that gear appears to have bssn
thu result Of tho seizure and condemnation Of the
schooner Nabby in the preceding August, under IN
order Of the Lords of the Admiralty to the Com
m.pder in. chief Of the North American station BY
the provisions Of which treaty American citizens
obtained the right to FISH certain parts the coast
of Newfoundland in the Straits of Belle Isle, andon
the coast Of and to cure hsh on unnhabited
portions thereof II also grants to the Americans
ths ,ieht of fishing at distance Of three miles from
.nv bsy creek or harbor on the coast Of the other
British provinces and provides that American fish
.rm.n may enter such bays and harbors " for the
purpose of shelter, repairing dsmages, and obtain
ing wood and water, and for no othsr purpose what
ever
The convention was followed by an act Of tho In
perisl Parliament, passed in 1919, authorizing the
King in council to AXE regulations for carrying iss
provisions into effect, and decreeing the seizure and
condemnation of any foreign vessels found hansng'
or to have been fishing, preparing 70 hsh, WITHIN
the prescribed distance from the coast, and SUBJECT
ipr 6shermen of the United States, who may enter
the BAYS or harbors Of tho British provinces, for the
purpose alluded to- to any regulations that shall DO
issued by the governor, or persons exercising tue
Office Of governor, in such parts Of tho British do
minons for the purpose Of preventing any abuse OF
such privilege.
The act further provides that any person refusing
70 depart from such bays or hsrbors, or WHO snaH
refuse to conform to any regulations or direction
which shall be made or given tor the execution OF
the purposes of the act, or otherwise offending
against it, shall forfeit the sum of EGO, to be re-
covered in the Superior Courts Of the colonies"
In 1896 the Legislature Of Nova Scotia passed IAN
nc. relating to the fisheries, and for the prevention
Of Illicit trade on tho coasts and harbors thereof,
which was sent to England for approval, accompA'
mic by adore from both branches Of tho Lsgis-
lature By this act revenue officers are empowered
to board vessels lowering within threesnles of any
Of the coasts or hsrbors of the province and to re-
main on board while such vessels remain there; and
If any vessel shall continue in such harbor, or 70.
main lowering on the coast, for twenty four hourl
after she shall have been required to depart
/ IN nd IA.
fusing to answer upon oath questions demanded o.
him on examination. shall forfeit El0O; and any
foreign vessel found fishing within three miles OF tn:
coasts or hsrbors shall, with her cargo, be Tor
| feited.
The act further provides that all suits for the re
coyery of penalties or forfeitures shall 10 in ta'
name of her Majesty; and that where judgment
shall have been given for the claimant, If the judge
shall certify that there was probpble cause o.
seizure, "then the plaintiff besides the thing seized
or its value shall not recover more than two pence
damages, nor any cost Of suit, nor ahall the defend
ant be fined more than one shilling, in any suit tha
may be brought. II is also enacted, that the tern
In 1885, despack wan ssssAs Of s ma6a5aaEs,
Secretary of State to the Governor of Nova Scotia
In reply to joint address from the two brsnenes OF
the Legislature OF that province, complaining Of
the bApituM violation, by American citizens of ca
treaty snbsittiDg between Great Britain and the
United States, praying for additional naval prstsc
ton to British interesss, and informing his Excel
lency that her Nsjesty's government mad directed
the Admiral on the North American station to de
tach small vessel to the coast of Nova Scotia and
another TO Prince Edward Island, to protect the
fisheries, and that the British Minister at Washing
ton had been instructed to invite the friendly CO.
operation OF the American government for that puc-
pose"
In 1910, the Legislature Of Nova Scotia, having
adopted very stringent regulations passed an ad.
sress to her Majesty, requesting government to
frame and adopt similar regulations tor the fishery
for New Bruins wick, Prince Ed ward Island Canada.
and Newfoundland; and calling attention to tho u,s
OF the Strait Of CaDso, by American fishing vessels
seeking the Gulf of st Lawrence, in viola.ion Of
the Treaty. 10 lSii the House Of Assembly adopted
report, and annexed observations of Capt Alexan.
der Milne. Of her Aajesty's ship Crocodile, on the
fisheries Of Newfoundland, and pressed tor the adop-
ten Of regulations, especially at the Aagdalen
Islalds
And in the same year, Mr.. Stevenson, tn, Amer
Palmeisson, then Secretary for Foreign Affairs,
stating that " he bad been instructed to bring IN.
der the notice of her Majesty's government, with
out delay, eertsin proceedings Of the colonial
authorities OF Nova Scotia, in relation to the
seizure and interruption Of American vessels, and
citizens OF the United States eDgsged in intercourse
miih the ports Of that provinces, aad the prosecu-
ton OF the fisheries in It's neighborng coasss; and
which, in the opinion Of the American government,
demanded the prompt inteifelencs OF her Msjssty's
government" recapitalsting tho provisions Of the
treaty OF 1913, and stating that difficulties In the
actual application Of those provisions had arisen,
under cover Of tho provincial laws, the local govern
ment assuming q right to exclude vessels Of ia,
United States from all their bags, and from ap-
preaching within three miles OF . line drawn from
headand to hcadlsnd instead Of that distance from
the indeEts Of the shores Of the province
do also alluded to the application made to the
Biilish government by the Legislature Of NsvA SEQ
tia, pray ing the extension to the adjoining colonies
Of rules ana regulations similar to those Ia active
operation in that province, and which hal proved 90
onerous to the fishermen of the United Statos some
OF the provisions Of which he declared were We
lstion Of we'll established principles of the CO nmon
law Of Eoglsnd, and Of the principles Of the ju,t
laws or ali civilized Nations" He also brought un-
ger the notice Of the Brtish government the pssi-
ten assumed by the provincial Leg,slsture, "thst
the Gut, or Strait Of Canso is narrow strip Of va