The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-07-22

{. sna's De admitted TO enter such bays or
49,. os tne purpose Of shelter and Of re.
r"s saI damages therein, and purchasing wood
s.h..g ~ uua'nlng water, and for no other purpose
.,.;..;o Dat they shall be under such re.
,.t;nr d.s:y De necessary to prevent their
.assns, oIying, or curing fisn therein or n arv
otner manner whatever, abuainc ,hs ,,.:..:I. :. :,
hereby reserved tbem.r 'ao p'"heges
Hwouid appear thatby strict and r;g;d con.
strncton OF this article, fishing vessels &c ~.
United States are precluded from ente,;no 80
bays and harbors of the British Proyinces ar
cepf Tor the purpose of shelter, repairing dam.
ages, and obtaining wood and water. A bav.
as is usually understood, is an arm or recess
OF the sea entering 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 or the Bay of Biscay, although they are
very large tracts of water. The British au.
thoritIes insist that England has q right to
dfaw line fiom headland to headland, and to
capture all American fishermen who NAV fol.
low their pursuits inside of the line. Il was
undoubtedly an oversight in the Convention OF
1910 to make SO large a con, esson to England.
since the United States had usually considered
tnat those vast inlets or recesses Of the ocean.
ought TO be open to American fisherman IA
freely as the sea itself to within three marine
miles Of the shore.
In 1881, the Legislature ofNova Scotia pro.
posed case for the consideration of the Adyo.
cate Generaand Attorney General of England,
upon thes construction of this article of the
Convention.
The opinion delivered by these officers of
tne crown was that by the terms of the Con.
Venton American citizens were excluded from
any right of fshingwithin three miles from the
coast OF British America, and that the pre.
scrined distance OF three miles is t. be meas.
ared from.lhe headlands or extreme point of
iapd next the sea of the coast or of the entrance
OF bays or indents of the coast, and conse
quently no right exists on the part of Amer.
can citizens to enter the bays of Nova Scotia
there to take fish, although fishing, being
within the bay, may be at a greater distance
than three miles from the shore of the bay. as
We are OF opinion that the term headland ia
used IN the treaty to express the part of the
land we have before mentioned, including the
interior of the bays and the indents Of the
coast.
The vessels of war mentioned in the above
circular despatch are expected to be on the
coasts OF British North America during the
present month (July,) when, no doubt, seizures
will begin to be made of American fishing
vessels, which. in the autamn, pursue their
business lntents on the coast, from which it is
contended they are excluded by the Conven-
ton of 1878.
Itis this construction of the intent and mean
ing OF the Convention of 1918. for which the
Colonies have contended since 1S41, and which
they have desired should be enforced.
This the English Government has now il
would appear, consented to do, and the imme-
diate effect will be ihr loss of the valuable fall
fishing to American fsheries-a complete in
terruption of the extensive business of New
England, attended by constant collision of the
most unpleasant and exciting character, which
may end in the destruction Of human life, in
the involvement OF the Government in aues-
tion of very serious nature, threatening the
peace ofthe two countries. MOI agreeing that
the construction thus put upon the treaty is
conformable to the intentions of the contrac-
ting parties, this information is, however, made
public, to the end that those concerned in the
American fisheries may perceive how the case
at present stands, and be upon their guard.
The whole subject will engage the immediate
attention of the Government.
DANIEL WEBSTER, Secretary of State.