The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-07-22
The American Fishsries.

IN regard 10 the boundaries OF our nSnerieS ana
the rights Of our fishermen derives interest
from its connexion with memorable eras in
American history, and its relationship to pre-
vious difficulties of similar character. The
pretensiOns of Britain are not now advanced for
the first time; they have been put forward at
periods when we were less able to grapple with
them and having always, and under disad-
vantageous circumstances, successfully resisted
them, we are not likely now to succumb to
their influence.
The right of fishing in American waters,
acquired by Massachusetts, and the other old
with the fathers of the Revolution. 1t was
watched over as right resulting from geo.
graphical position, strengthened by enterprise
and labor, and existing altogether independently
of Legislation by the mother country. Informed
the subject of frequent debate in the earliest ses
sions of Congress-hom l776 to l762-and was
invariably asserted as thing to be recognised
in connexion with our national independence.
With all the then existing anxiety for cessa-
ton of hostilitles, the unreserved acknowledge
ment of the American right to American fisheries
was insisted upon, as one of the conditions of
peace. The British Peace Commissioners pro-
posed to grant to the States "privilege" in
the fisheries, but JOHN ADAMS and those who
acted with him persisted in demanding "the
right-the right, or no treaty." and eventually
succeeded in carrying the point. The idea Of
holding the fisheries as grants of favor from
the British crown was never for moment tole-
rated they were claimed as an essential part
of our liberties and they will be held with as
much tenacity as any portion of our territorial
boundaries.
The treaty negotiated in 1888 stipulated that
the citizens of the United States should have
the right "to take fish Of every kind on the
Grand Bank and on all the other banks of
Newfoundland; also in, the Gulf of St. Law
renee and at all other places in the sea where
the inhabitants of both countries used at any
time heretofore to fish; and also that the in
habitants of the United States shall have lib
erty to take fish of every kind on such part of
the coast of Newfoundland as British fish
ermen shall use, (but not to dry or cure the
same on that island0 and also on the coasts,
bays, and creeks of all other Of his Britannia
majesty's dominions in America; and that the
American fishermen shall have liberty to dry
and cure fish in any of the unsettled bays,
harbros, and creeks of Nova Scotia, Magda-
len Islands, and Labrador, so long as the
same shall remain unsettled; but as soon as
the same or either of them shall be settled, it
shall not be lawful for the said fishermen to
dry or cure fish al such settlement without
a previous agreement for that purpose with
the inhabitants, proprietors, or possessors Of
the ground"
At the close of the second war with Britain,
negotiations again took place upon the question.
In anticipation of a renewal of British preten-
sions to an exclusive right in the fishing
grounds, the American commissioners were in
structed to abandon the negotiations rather than
surrender any Of the right recognised by the
treaty of 1888. The British commissioners re-
allied the anticipation by maintaining that the
previous understanding had been abrogated by
the war; and they insisted ON new arrange
ment, restricting the ground within smaller
limits. The American commissioners contend
ed, on the contrary, that we held our right in
the fisheries by the same tenure by which we
held our independence as nation; and that the
treaty of 1888, instead of conveying any thing
from England to the United States, merely &C
knowledged right existing in the latter. The
logic of men contending for the just prevailed,
and American rights were left standing on the
basis of 1888.
Difficulties gradually developed themselves in
reference to the construction of the treaty, and
the British authorities having forbidden our
vessels to approach within sixty miles of any
coast of British America, several that had
been found violating the injunction were seized
the convention of 1918 was held; ALBERT
GALLArIN and RICHARD RUSH being the min
listers chosen to represent the United States.
A new treaty was entered into, providing
that the people of the United States should for
ever possess the right, in common with the
subjects Of his Britannia majesty, to take fish
of every kind in that part of the southern coast
Of Newfoundland between Cape Ray and the
Rameau Islands, and between Cape Ray and
the Magdalen Islands; and also on the coasts,
bays, hafbors, and creeks, from Mount Jolly,
On the south coast of Labrador, to and through
the Straits of Bellisle; thence north indefinitely
along the coast-without prejudice, however,
to any Of the exclusive rights of the Hudson
Bay Company. Also to cure and dress fish in
any of the unsettled bays, harbors, and creeks
of the parts described, but not in any settled +,
without agreement with the proprietors or in
habi,ants. OF all other places, the United
States gave up all right ever claimed or en-
joyed to "take, dry, or cure fish on or within
three marine miles Of any of the coasts, bays,
creeks, or harbors." belonging to Great Brit
ain; our vessels to be allowed to enter them for
shelter, or repairs of damages, or purchase of
wood and obtaining water. "and for no other
purpose whatever"
Objections have been urged to this treaty, as
less specific in its definition of rights than the
treaty of 1888, and as surrendering to the ex