The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-17

So nisesasspsisn ..Ssr which ths An9isaa Minis
Of the - alluded 10, maintalning that ctherv Of
which " complained were In conformity with those
of the Imperial Parliament, among others that nor
the regulation Of the British pcssessons aero:d ana
country from the Gut Of Oanso was In conformity |
with the principles Of international law. The term
sspreparing to FISH," which Mr. Stevenson had 20
from The i'm eriai act, which had been tweaty three
years in force and which, inasmuoh - II had reia-
ton to American interests Of the greatest impor,
lance, and sprung oat Of convention constituted
with view to the establishment Of those interests,
could not but be well known to the United States
The reply Of Lord Etanley, now the Easl Of Derby.
to the addresses complaining Of the OF
of general code of regulations for the protection Of
the fisheries is rather OF important nature, ~ 1t
refers the report VI the crown ocers and states
that subsequently to its being made, the SUBJECT
had frequently engaged the attention of his COL
leagues and himself, with the view Of adopting
further measures If necessary for the protection Of
British interests, in accordance with the Law laid
dow. in that report, bus Who had come 70 sss con-
that the precautions taken by the provincial Legis-
ature appeared adequate for the purpose, and that
being nov practically scquiesoed in By the Ansri-
In 1872, tho House Of Assembly Of Nova Scotia
adopted 3 report which asserted that the conven-
ton of 1918 excluded American vessels engaged IN
tho fishery from passing through the Gut OF Osnso.
ing protection; and in 1874 the House again recon-
mended the extension Of the fishery regulations to
the other provinces, and to the HsgdAlen IslAnds.
In l845, 46 and AZ, similar reports were adopted;
bly, after referring TO the opinion of tho crown off,
GERS in England, recommends the provincial govern
ment to exercise . legal right over the Strait o.
Oanso by taxing American tonnage. In lS49 and
khn AFT and ehA
report of . committee in 1851, to the House, -
commended the prohibition Of American vessels
passing through that Strait.
This was very elaborate report, and referred 70
the objection urged by~Mr. Stevenson, that at the
time of signing the convention IN 1875 Cape Breton,
which IL separated from Nova Scotia proper BY the
Gut of Canso, did not form part OF that province,
and TINT the union Of the two colonies cannot b
admitted az vestipg In the province the right to
close passage which has been freely and indispu-
tably used by the citizens Of the United States
since 1885, which is met by the reply, that her =
jestys exclusive property ana dominion IN me S.rsi'
pies Of well understood international law, aud
which it is considered will apply, whether the shore
each side forms part Of the same province, or OF
different provinces belonging to her Majesty; the
| for communication with the Gulf Of 81 Lawrence,
which may b. reached by going round the island o.
| Cape Breton.
But higher ground was also insisted upon, in
accordance with the opinion Of the crown officers
first, that no foreign power has any such rignt d
| was commended for by the American Minister un-
less conveyed by treaty; and secondly that no such
right is conferred by the treaty OF 1918 on lAmori
can citizens In support of which position, tho OPT
MON Of the late Chancellor Kent Is quoted, as OK
pressed in . chapter of his celebrated illegal Com
mentaries upon the Law OF Nations" wherein ~
lays it down that "the dominion OF the sovereign o.
the shore over the contiguous sea, extends - fal
as is requisite for his safety, and for SEINE Lawful
end" The executive authority Of this country,
he adds sin l793 considered the whole OF Delaware
Bay be within its territorial jurisdiction, and i
rested its claim upon those authorities which admit
that CULTS channels. and OF the sea, belong K
tho people with whose lands they are enc npassed
and in 1906, the government Thought 1t you'd no
be unreasonable considering the extent OF the Uni
ted States, the shoslness Of their coast and the n.
tural indication furnished by the well defined patti
of the Gulf stream, to expect an immunity troa
belligerent, warfare for tho space between tns
limit ard the American shores" and he apprehend
that lit would not be unreasonable to assume, To-
domestic purposes connected with our safety ant
welfare, the control Of our own coast, though in
cluded within lines stretching from quite dissan
hesdlands, as, for instance, from Cape Ann to Cap
Cod, and from Nantucket to M0ntauk Point, an
from that pc mt to the Capes Of the Delaware, an.
from the South Cape Of Florida to the Mississippi
Such beir the construction Of International Ia n
by the highest legal authorities OF both nations,
is evident that the privilege of fishing within tn
headlands OF great Avn dP f 9sSo I'M
1t might be viewed in this country, would not con
stNutc ground for hostile proceedings. To such ,
negotiation. however. Nova Scotia must be con
sentipg party, Is the law passed by the LesisIa.u
OF that province, which authorises the feizure o
American vessels found fishing within three mile
OF the coast. or of it's extensive bays has received
the royal assent, and canuot be abroga.ed but By
another emanating from the same source
An ailusion having been made in the message Il
the reduction Of the duty on colonial fish enterius
American ports, and the effect of tho warehousins
system BY which it May be entered in bond, q d
which way" the President observes, sit has ao
market, and is entering. to some extent. into the
home consumption" it may not be uuintere sting e
state What was the quantity Of picked fish shi pped
last year from Halifax to ports in the United States
ana what the average price at which it was sold
being taken from the consular records, which
! were:
6,7S6 barrels No Msckercl at from ~ on In a. 5r