The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-19

tions, and looking to the same honorable and
straightforward conduct the part OF foreign na-
tions its allies. The best guarantee for geed I'D
ministration, and the maintenance OF puOAo tnsA
everywhere, is the existence of government pro-
claiming itself bound by such obiigstions Whea
individuals or communities, whether At homo or
abroad, perceive that we are governed by men VINO,
in every respect, conform TO law, whether It DO the
law municipal or the law international, they will in
the end admit that such government is to be TO
spected however they may be occasionally inclined
to question its general particular policy, or to dis
pute the alleged in support of its measures
The question Of the Newfoundland and North
American fisheries has been the subject of more
than halfa-dozen different treaties, some Of them
dating back as far as the treaty Of Utrecht, sign
ed in l7l3. The 18th article of the treaty Of
Utrecht, among other things, regulates the right
to fish and the limits of fishing, and those pro-
visions were renewed by the treaty Of Paris. ne
gotiated by no less person than the Duke of Bed
ford, in 1863, and of the history of which treaty
the editor of the Bedford correspondence Lord John
Russell, affords us many additional particulars As
to fishing in the Gulf of ST. Lawrence, it is provi-
ded that the French shall have liberty to fish at
three leagues from the British coasts. Those pre-
visions are renewed in the treaty Of Versailles sign
ed by Vergennes and the Earl of Manchester and
by the same treaty the American right of fishing
on the banks of Newfoundland, in the Gulf of st.
Lawrence, and in other parts Of the sea where the
inhabitants of the two countries were in the habit
from these PREDATORY remarks that the right to
fish, and the particular limit within which that
right might be lawfully exercised, has ever been a
matter of treaty stipulation In fact, fisheries,
whether at home or abroad have ever been tho
creatures Of common and OF statute law
whether under the names Newfoundland, Green
land, Southern whale, deep sea, British North
Sea, Gulf of ST Lawrence, or Labrador fish
cries. And though there is mention in
the treaty of Client, negotiated on the part
of England by Lord Gambler, Mr.. Goulburn, and
Dr. William Adams; and, on the part of America,
by John Quincy Adams, Mr. Bayard, Mr.. Clay,
Mr. Russell, and Mr.. Gallatin, of fisheries fishing
grounds, yet the antecedent and existing rights Of
both countries are reserved The convention
cluded between the United States OF America, how
ever. and England, on the 10th October, 1878, and
in which the presentlEarl of Rpon and Mr. Goulburn
acted for this country, and the late Mr.. Gala'in
and Mr.. Rush for America, does regulate the right
of fishing, and among other things, provides as fol-
lows:-
IL a etc ausi convent que les pecheurs Americans
auron pour touours ia hberte de pecher ct lie
poisson dams les bales havres ct creeks nhabtes de la
paTte merdonale de la cote de Terre Neuve, decrte c
dessus ct de In cote de Labrador mas austo que
endroits settlement partie quelconque, seront
habes ne plus legal pecheurs de pecher
curer du poisson dams cette psrtie habitee moins
dun arrangement prealable Get eet habitans pro-
pretaires du terrain Les Eats Uns
lie present article renonccnt pour ouours toute Ibere
que leurs habtans aufient reclames jasqu jour de
pIendre de pecher de lie poisson cees DIES
cutes bales creeks havres DIES possessions de s. NJ b.
en- Amerique non comprs dams les limtes ci. dessus
mentioDnees plus qua Ia distance dc trois miles de
dies cotes.'
Now what we ask, has Sir John Pakington or the
Colonial. office attempted to effect by the dispatch
complained OF, but to carry out the provisions of
the convention of lSlS as they are understood by
the government, and interpreted by the law officers
Of the crown ! In the matter the government could
have no option and no voljtion, for the colonies
most interested in the fisheries have invoked not
merely treaties and conventions, but the protection
of the home government against positive infractions
of their rights and positive evasons of treaties and
stipulations The representations Of the colonies
protesting to be DESTROYS of removing grounds of CO.
louial complaint. More especially could such strong
representations not be safely disregarded, the
coonists Newfoundland had fitted out an armed
ments of French fishing vessels, and as the colonies
of Nova Scotia and New Brunswick had taken mea-
suies with view to resist the Entertainments of
American vessels Unless, therefore, the government
of Lord Derby be prepared to act like the Colonial
Secretary of Lord John Russell, and to turn deaf
ear to and wholly disregard the complaints Of the
coionsts, MS Lord Grey had long done. there no
course other than that which has been taken by Sir
John Pakington. 1t may be that the Earl Of Aber.
deem hesitated in giving the same construction to
the convention of 1918 as the present ministry; and
being very grave and somewhat metaphysical man,
such waverpg passes for wisdom; but it is of such
my sterious gravity Rouchefoucauld remarks that it
is 'G1 mysterc de corps inrene pour cdcher les de-
fa'as dc Pesprn." The case is now, however, safe
in the han6s of Sir John Pakngton and the present
Minister for Foreign Affairs We by no means say
that this question is not thorny difficult one,
more especially from its being mixed up with pecu.
MARY and commercial interests; but, notwithstand
ing the fears of alarmsts at home and the vehement
Lar guage of some American citizens, hare
much confidence in the real good and good feel
ing Of The 4nglo- Saron races IN america and Eng
land that conrinced satisfactory solution of
tic dlGeuAy tciA be arrired at By negotiation, and
that 6efCre long all interests, British, Colonial and
american, wiR be conc,liated and settled on a salts
to,tory basis.