Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-07

as something that might be thrown in on our side bu
ually they TO have become impressed with The
ton that they enjoying them without any
cessiop of privilege, they might well still refuse ubat ~
colonies asked was quite time 10 show them that we
something which we could withhold well as thew 49,
though know not whether the desire to obtain
not been one Of the grounds for the present
sudden action on the part of the imperial Government ~
hold that such desire would be perfectly legitimate ground
for such action
understand Also that similar views were expressed
IN Parliament during recent auson to this subject
trust for the permanent welfare of both countries that
this effort, as compulsory of efecting diploma
tic arrangement win be abandoned.
Apart irom this conjecturefor ii is only sucl-yhat
does England intend to do? it stated in many Of
our Journals, for sitting STILL that we do not
know what is the exact object Of England. Well sir
that precisely one OF our most serious grounds of
plant great movement is going on in n mart ~ the
ocean where we have immense interests at stake.
powerful armament has arrived there rumors are rife
that new policy is to be adopted the British Minister
here and the British Secretary of State and the
Admiral, talk OF encroachments; - and the whole
tenor of the preparations show that what is thus
is to be resisted and yet have no information Off,
cia or even authentic to what England designs Ia do
very able and respectable journal this city which
generally read with pleasure and often with profit 1.-THE
ntelgencer and for whose editors have much personal
regard, gives us the following information:
Nor has the present proceeding by the British authorities
been sudden, entirely without notice. as seems To he
supposed We are informed upon the best authority that
about the 7h Of this month the Minister Great Britain mo-
tilted Government that had adopted by the
British Government prevent the repetition ofthe complaints
which had 80 frequently been made of the encroachmens of
vessels belonging to citizens Of the United States and Of
France the fishing grounds Great Britain y
the of 1873 that urgent had ha
addressed TO the Government of Great Britain the Governors
OF the British North American provinces regard to those
encroachments to the effect that the colonial fisheries were
by the Lords Of the Admiralty for sationng off New Buns
wick Nova Scotia, Prince Edwards Island and in the Gulf
of ST. Lawrence such force Of small sailing vessels and
steamers should be deemed sufficient to prevent further
fractions Of the treaty. Al
uI.> ~. n.
formed Government that it the command Of his Gov
eminent that the officers employed upon this service should
be specially enoned to avoid all interference with of
friendly Powers except when they in the violating
existing reaes and all occasions to avoid giving ground
complaint by the adoption of harsh pro-
ceedngs where compelled or seizure
of such vessels"
have doubt but this is substantially correct Now
disagree with the ntelgencer to the friendly
spirit Of this communication What does it amount to as
correct of judging the true state of things either
ments 7" and what is this "nfracon thus forci-
bly, prevented Fair dealing required should be told
but the matter is involved in Dephic obscurty. Do
these complaints thus to be remedied by Of the par
ties alone relate pable violations of the treaty which
Government would not defend-such fishing within
the clearly excluded limits attempts to smugge or other
ndefensble acsor do they relate to the large open
bays, which we contend we have right to enter, and
which is in fact the only real subject in dispute?
Sir John Pakngton, the British Secretary of State for
the Colonies, in letter to the colonial Governors
equally in the dark to its application. This is his
letter:
Copy Of letter from Sir John Pakngon Secretary Of Sete
for the Colonies, TO the Governors Of the British North Ane
Colonies, dated &
MAY IS, 1852
Her Majestys Ministers DESTROYS of removing all
grounds of complaint the part of the Colonies in
of the Entertainments of the fishing vessels of the Uni
States those which they
by the terms of the convention Of 1878 and they therefore
intend to Dispatch possible small naval force of
steamers other small vessels to enforce the observance of
that convention.
In the time the colonial papers in raptures
looking forward to the advent of golden age the adop
of their construction of the treaty. and by the deter
mnation of the Home Government maintain it. There
is prodgous flourish Of trumpets upon the OCCASION
and it is obvious that every coons believes that this
large force has been assembled for far important
purposes than to watch smugglers the tres
passes of fishermen.
Now, what these " encroachments," thus denomi-
mated and denounced by the British Government and by
their representative herel There wanting the
means of answering this question.
For series Of years the colonial authorities have COM
planned of our fishermen for fishing in oil the large bays
in the Bay of Fundy the Gulf of ST. Lawrence the Bay of
Chaleur, and elsewhere. In 1912 these complaints
sumed quite an imposing appearance, and resolution
passed the Legislature of Nova Scotia embodying their
supposed grievances in distinct FORM with view to de-
cisye action stated by the Governor embrac
ing all the points they conended for which was trans
mitted to the Government with request that the opinion
Of the Advocate and of the Attorney General might be ia
questions the following:
sd Is the distance Of three marine miles to be computed
from the ndens Of the Of British America or from the
extreme headand and what to be considered headhnd
There two curious facts in connection with this pro-
ceeding worthy Of passing notice
The first is that in the stated by the Nova Scotia
Government it is asserted that the peace Of 1888
treaty entered into between the United States of
America and Great Britain, by which the people the
former country obtained the right to take fish on the
Grand Bank" &C. greater historical could hard
well all contempornneous accounts, contradicts-
What influence the statement may have had upon the sub
sequent opinion, / know not. 1t certainly leaves but
little respect for the careful action Of those who prepared
the document,
The second curious fact, though of different nature
the Governor lord Falkland who gravey tells
the Secretary of State while sending him this paper that
the people Of the colony have been wanting in
efforts to repe the ncursions of the NATIVES of the
ditary to have supposed that the aboriginal pos
puation yet possessed country the term natives
is by common consent applied to the primitive inhabitants
Of region.
The case thus stated referred by the Home Gov
eminent to the Advocate and Attorney General who
decided every point in favor Of British rather of colo
NAL interests 1t probably well for the peace Of the
two countries, the Of England to be guided by
the views of these funconares that nothing more
asked; for suppose negative upon such questions of
national interest could have hardly been expected from
these legal expounders On the main point the following
was the opinion:
" I'd. Except within certain defined limits TO which the
query put to us does not apply Of opinion that the
terms OF the treaty American citizens excluded the
right Of fishing within three miles Of the
America and that the prescribed distance Of three miles
ha angsRNaI tl.x - "a. n