The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-08-10

We are sorry to perceive that q cer-
tain class of American papers are in
clined to uphold the British pretcnsions
i'll relation to the fisheries. 1t is not
denied-1st, that our rights were per-
feet under the treaty Of 1888. Sd, that
those rights plead prescriptivc in their
support. Sd, that in negotiating the
treaty OF Client NC refused to permit
those rights to be brought into discus
sion. If then the war did not abro-
gate our rights they continued perfect
until the Convention was negotiated of
1918. With regard to tho effect OF
the war of 1912 in annulling the treaty
OF 1888, VIC have on record the declaTa.
tions Of two Of our Commissioners at
Ghent-John Quincy Adams aud Hen
ry Clay. Mr.. Adams on that occasion
said ''thc British Commissioners eff.
forts to obtain our acquiesccncc in their
prclcnsi"n that the fishing liberties
had been forfeited by the war, were
unwsaried. They presented it to us
IN every form that ingenuity could de-
vis:. 1t was the first stumbling block,
and the last obstacle to the conclusion
of the treaty" The treaty WAS con
cludcd without u word being said in
relation to the fisheries. Mr. Clay on
that occasion embodied in PROPOSE
ton which was presented to the British
Commissioners. the principle ''that we
hold our rights oflishing by the Same
tenure rs we did our independence;
that unlike another class Of treaties,
the treaty of 1888 is to be regarded as
perpetual, and of the nature of a deed,
in which the fisheries are an appurtcn-
ancc OF the soil conveyed or parted
With; and that therefore no stipulation
was necessary or desirable to secure
thepcrpetuity of the appendage. more
'rcFan tlic' territory itscii.. ihc pre-
tension was waived until the year
1918, when it WAS attempted to be cr-
forced. An American ves:cl was
warned of the coast when about forty
five miles from Cape Sable. In 1917
twenty sail OF American vessels were
captured and sent into Halifax. This
led 70 tho Convention Of 1918.
Have we according to the terms Of
that Convention admitted that to be u
grant or concession to us which we be-
fore asserted rs 4 rjqht3 We, by that
Convention, agreed to qualify our
right ito catch and to cure fish within
any Of the coasts, bays, creeks or har-
bors OF his Britanic MajcSty's denim
ions in America" In what manner
was the right qualified! Simply by
restricting ourselves to within three
marine miles from the shore, within
certain specified limits, but those limits
embraced the Southern coast of New
iomdland from Cape May to Rumacu
islands; the Western and Northern
shores of the MagIclcn islands; also
from Mount Jolly to he Southern
coast Of Labrador through he Straits
of Belle Isle, and Mor;hward, inlrsin-
itcly along the coast Now these
limits were larger than those within
which the fisheries were prosecuted by
the United States wien colonies Was
there any but Il unqualified rclnQ,iiah-
mcnt Of rights here ? We restricted
ourselves in taking fish to within four
marine miles OF the shore. Those
who can discover in this voluntary
surrender ofa privilege by one Of the
contracting parties, a Concession or
gran! by the othcr contracting party.
ust possess more than common as
iutcncSs.
What were Mr.. John Q. Adams III
stuct!on> rs Secretary of state, to Mr.
Gal!atn as regards this very fishing
right He instructed Mr.. GaIIatm
to claim all the rights recognized in
1888, which he did. These were Mr..
Adams comments on that Convention
in 1922. "Thc Convention restricts
the liberties in some small H.yrse; but
it e"laygcs them probably liz a degree
not less useful. 1t has secured the
whole coast fishery OF erc.y part of The
Br,tish dolninion., except within three
marine miles Of the shorcg, with the
liberty OF using all tile liarhonrs for
shelter, for repairing damages, and for
obtaining wood and water. 1t has Sc
cured the full participation in the La
brador fishery, the most important
part Of the whole and that OF which it
was at Client peculiarly The intcation
OF the British Governmental all events
to deprive Us. * i
The Convention has also secured to us
the right Of drying and securing fish on
Il part of the island Of New wtoundand,
which had not been enjoyed under The
treaty ofi1SS. 1t has larrowcd down
the pretcnsions of exclusive territorial
jurisdiction with reference to those
fisheries, to three marine miles from
the shore. Upon the whole, consider
this interest as secured by he Convcn-
ton Of 1918, in a manner as advanta-
geous as it had been by the Conven-
ton of 1883. We have gained by it,
even of fishing liberties, as much rs we
have lost; but if not, We have gained