The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-31
Our Wa.hins ton Correspondence.

WASHINGTON, Dec. 26, 1852.
Eaq,siries Made Jy Admirat Seymour as to the
authority of Offers of the Macy to Enforce the
Fishery Convention--The Mode of Dealing ,cith
american Fishermen Entering British Hurbors,
and Mer Right to Fish at the Mogdater Islands
Report of the Crown Officers in Reply, with Refer.
ence to The Subjects Submitted tor their Dec,s,on.
have just obtained copy Of certain legal ques-
lions, received BY vico Admiral Seymour, and sub.
mitted to the law officers Of tne GRO wn in England,
touching the right Of officers Of the British navy to
carry into effect the convention Of 1885, together
with that Of the report Of the loyal advisers Of her
Majesty on the subject, which were received at
Halifax by the November mail.
The frs. Of these inquiries was. whether, under
the imperial act Of 1919, the commanding officers of
her Msjeaty's ships require any commission from
the Governors of the colonies for that purpose,
whether the instructions under which they are act
ing, from the imperial government, are sufficient to
enable them to enforce the terms CT the conventon
In conr ecton with this query, the Admiral states
that stbe fishing vessels of the United states are
found in great numbers IN the haroors Of Cape Bre
ton, New Brunswick, and those of Prince Edward
Island, where they remain on Sundays, the men
landing in great numbers; which leads to illegal
traffic, and to an undue influence over the inhabi.
trol''
Sscordly-Such entry not being included under
the causes admitted by the imperial act Of 1919,
vessel be seized for the contrsvention Of that
actl If sbe aims or returns after receiving duo
notice to depart! or is the offence orly punisha 10
under the Provincial act, to the penalty therein
prescYibed?
Thirdly-Whether United States vessels found
fishing from the shores OF the Magdalen islsnds. or
in drying or curing fish on the said island shall be
seized, and whether with without warning for the
infI action Of the treaty?
The Admiral state state, that ID being ae-esd by the
United States may take fish on the shores OF the
Esgdalen Islands the crown officers in lS4 gave 10
as their opinion that they have rigaa To land
those islands, or to conduct .hc fishery from tho
Nova Scotia shores: notwithstanding which, Ia
ftructions had been issusa by successive commln.
ders in chief on the North American station siocs
1928 "that practical Interference with shs United
States fishermen on the Magdaler Islsnds should be
avoided although their right to fish from the shores,
or to dry cure their fh there, should not be 40
krowledged.''
The Admiral further inquiries whether IN Amori-
can fishing vesse; has right to enter o hsrbor Of
Nora Scotia In severe weather, and Afterwards pro-
csed TO sea without purchasing wood or water or
10 abe liable to seizure under existing laws,
6econdly--lfan AN American vessel approach within
the limit, and violate the terms Of tee convention
and the existing laws, and escape bayoad three
miles, can she be there seized BY Prcyinca cutter,
on the high Nas1
Thirdly Can a vessel commissioned by tho Pro.
vince Of Nsya Sootia enforce the regulations Of the
King In Council, passed in 1896, In the waters
around Nova Scotia, New Brunswick, or Prince Id
ward Island; or can . cutter commissioned by the
Governor Of Nova Scotia enforce the imperial act Of
ISi97 H HMf
To these queries the crown officers reply, that
they are Of opinion that the commanding officers Of
her Majesty's ships are empowered to seize Ameri-
can vessels IL found fishing, to have been fishing,
or preparing TO fish, within the prescribed limits,
and that they do not require sny commission from
the colonial Governors to carry ous tho stpulations
Of the convention Of 1878; but they may, by virtue
Of their instructions enforce the terms thereof by
intcrrupting iutrudsrs, warning them OF, and com
pelling them to dssst from fishing
Secondly-That vessels Of the United Sta tes 70.
sorting 10 British harbors In violation Of the CON
ventisn but without taking, curing. or dying ash
cannot be seized by her Majesty naval sficen; but
that such offence q only punishable under the act Of
1879, which provides that any person offending
against it, provisions shall forfeit the Of G200
Whether persons n 0fsnding may W may nst bs