The daily union., 1852-08-07
sPEEcH OF nov. ~. nAmLIN,
or MAINE,

dug ,sjormatioa ~ regard b hs fisheries on s coasts of
hs Brush po,ssssioas an North Aalertea.
Mr. HAMLIN said MIR President the magnitude and
importance OF this question are such mat need make no
apology for inviting the attention oil The Senate and the
country its careful consideration The interests of
and Massachusetts more directly involved Than
those OF any other State. But II IS question which
above localities, and becomes one OF national
Importance II affects deeply national honor and the
expression OF this Senate TO The country is certain in
dication that Just rights are 10 be maintained The
great interests oil commerce aud navigation, well
those OF navy, intimately connected with the sub
ect OF the American fisheries, which are we'll regarded
the great fountains oil commercial prosperity and avail
power. sIf.. t#e
To learn what are the rights OF Americans, and what
our duties and obi cations statesmen project and
preserve those rights, careful examination OF their
origin and what has been the action OF government
in relation thereto becomes not only appropriate but
ually necessary When these are well understood, il Is
believed shall have no trouble in determining our
duty in the iHture.
The right to take fish upon the coast Of the British
provinces mas always been claimed and exercised by the
people ot this country from ils first settlement Let be
constantly borne N mind that this has always been claim
ed right II has never been taken grant or con-
cesslon from any power on earh but has been claimed
and exercised right from their first up 10 this
time These fisheries grew w with The growth Of this
country while colonies subject to the British Crown aud
the rights OF the citizens OF all the colonies take fish
along the coast OF New Brunswick Nova Scotia, and
Newfoundland were certain and well known any
right they possessed Possession aud cultivation OF the
soil could hardly certain right than was
secured by the possession and OF these fisheries
They contiguous and adjacent in part 10 the Stale Of
Maine They freely used as Gods highway, out
side Of mariime jurisdiction--should be used by all
Such the origin OF rights, and so they remained
until the commencement Of the revolutionary war; which
separated this government from Great Britain in the
treaty OF peace which secured the nationality and indie
pendence OF the United States the rights OF govern
men, were acknowledged and defined. 1t was no grant
or concession. but The acknowledgment OF right as
much as that of our sovereignty and independence.
The third article of the treaty OF 1888 is IN these
words aeg#s
"Its agreed that the people of the United sa,esshal
kind ON the Grand Bank, and all the other banks OF
New loundland ALSO in the Gulf OF ST. Lawrence and az
all other places IN tho sea where the inhabitants OF BON
the nhsbilan of the United States shall have lbety to
take fist o. every kad on such part Of the coast Of New
cure the on that island y and also hs coasts,
bays, and creeks Of all other Of his Britannia Maess do
minons in America and that the American fishermen
shall have liberty dry and fish in Of The
tied bays, harbos, and creeks OF Nova Scotia Magdaen
Islands, and Labrador, SO long the shall remain
settled but the same, either OF them, shall
be settled shall be lawful for said fishermen dry
fish at such settlements without previous agreement
for that purpose with the inhabiants prope,ors,
SCISSORS OF the ground
This article admits and secures 10 American citizens,
" unmoested, the right to take fish," &c. 1t acknowl
edged and secured the rights which had been acquired
much and as fully other portions of the treaty secured
our right 10 Independence and to exercise sovereign
power over that territory which had belonged to the
Crown. These rights, too, unmolested, were used and
enjoyed by the American fishermen up TO the war OF 1872
when they were nterrupted-never los-by that war.
The British cruisers would not, of course, allow our fish
ermen TO occupy the fishing grounds during the war.
Had they done they would have been captured as
upon any part of which might have been block
AIDED by a sufficient force for that purpose
AT the time when the treaty oil peace was negotiated
with Great Britain in 1884, the subject OF these fisheries
under consideration, though nothing said in the
treaty in relation TO them. They were entirely omitted
Ii becomes mpouan, to learn why this why they
omitted; what the instructions of our govern
ment TO ministers negotiating the treaty. and also
what the views and opinions OF the ministers them
selves; what said and done by all the high contract
ing parties An investigation into these points, and
shall have doubt why article no, incorporated
into the treaty OF Ghent relating to the fisheries.
The instructions OF our government were as follow
in relation to the hsheries
Information has been received from quarter deserv
ing OF attention. that the late events in France have pro.
doced snch an effect on the BRUSH government as TO make
II probable that demand Will be made Gnttemburg
surrender right 10 he fieto abandon all trade be.
yond the Cape OF Good Hope and 70 cede Lou,sians %
made Should IL be, you will OF course treat as 10 de-
These rghs must not be brought into discussion
If insisted on, your negotiations viii cease"
Ii will be seen that government claimed the OF
these fisheries right aid ministers express
ly instructed that hese rights not be brought into
discussion, and II insisted on, negotiations will cease"
This, too, at a time when our whole country was
desrous OF honorable peace having been suffering all
the evils incident to war Bat anxious as were the
government and the people for peace, still, with the
naval point OF vew negotiations were TO be broken off,
and the renewed, rather than concede away this
valua BILE night.
Such was the high and patriotic stand taken by Mr.
Madison. Let II be ours TO initiate his example The
country will be and shoud be satisfied with nothing less.
The subject brought forward by the BRUSH penipo
ientIares but commissioners, true 10 rigi, and true
their instructions, would allow OF its discussion
The demand OF the British government was-frst al.
vanted IN this artiul and ensnanng form
The American commissioners were duly notined by
the British p. nipote that the British
dd not intend 10 grant the United States graiuitousy
tie privileges formerly granted by treaty them OF h-h
using the shores OF the British territories Tor purposes
with thv fisheries"
Grant privileges formerly granted by treaty. This In
wolves The whole question, whether had righ,
whether we held the fisheries by granti An assent
the principle that held the fisheries by grant
yielding ALL and equivalent to admission that the
had abrogated the treaty Of 1883
The Amencan ministers replied as follows;
an answer the declaration by the British plen.
po'sntianes respecting the hshees, the Undersigned
srng what passed conference the sh OF Angus,
only state that they authorized bang dis
any OF the rights berties which hs United
have heretofore enjoyed in relation thereto. From their
nainre aud from the peculiar character Of the treaty OF
1888, 10y which they recognised iuTher stipulation
has been deemed necessay by the government OF The
them" tsA
Thus promptly was this matter met BY our govern
men and placed on The ground OF right admitted and
secured in the treaty OF 1883 % two other and different
lines during these negotiations was, m dierent forms,
but in substance the have quoted, this subject
by the British penpotenIiarles and both
occasions the hrs all discussion OF II refused
by our commissioners. The treaty finally agreed
uIon and was silent upon the subject So stood the
matter when negotiations closed and treaty had been