The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-13

communicate one with the other.
He said that Rome disclaimed any right OF pro
perry III the seas; and cited a principle OF Roman
law that the rs Tree as the AR; no one cuuii
claim it, and no one could be prevented from fish
ing II.
As an illustration OF how firmly the pripcl
pie OF the ireed"m Of the seas Was maintained
ugAinst England by weak nation, he sali
that in 1909 England complained OF encroarh
lncnts by the Dutch on her shores, and Issued a
proclamation warning the Dutch Fishermen from
, oming into her waters. She said her OBJECT was
not to exclude them; but If her right OF property
was admitted, she would give them annually Il
permit to do that which otherwise they would
have to do by force. The Hoilandcrs protested
against such doctrine and continued their hshng
tor nine years after England endeavored by ne
go,iation ~ have her right recognised by the Hol
landers, but failed Holland remained hrn and
until 1904 II was impossible TO make her recognise
the exclusive right Of England The treaty was
then made; but il was alter u protracted war, when
Holland was reduced ~ the condition OF being com
PEELED to accept terms OF peace.
He said that all writer's on national law laid It
down that the maritime jurisdiction OF nation did
not extend be yond three marine leagues from lts
shore. This being an established principle, there
was no difficulty In arriving ut what was the ex
tent Of the exclusive doIninlon Of bis majesty over
the seas, bays, &c ,ot North America. The words
in the treaty were not susceptible OF any meaning
other than rclihqui.h uent OF the hight OF hsh!t z
within three marine miles oi the shore VI SUI n
bays, &c,
lie also cited authorities 10 show ;hat unless the
entrance to bay or IN ct oi the sea- be 81 mar
IS TO be less than slX miles wide, lhre. n!l!rs
irun each shore. then, under The treaty, that lay
- free TO our fishermen.
liz proceeded to show that he Bay If Fuudy, uui
other places where the rignt OF Americans ~ t-h
had been denied, were at lhtii ehtrantts nucn
wider than SIX marine lnllts
lie said that to CunsutGtc private sea the Whole
coast OF it must be the property Of the sovereign
claiming It, and its outlet 90 narrow as not to ex
coed twice the defiance oI guI-sh
He asked what the object OF England Ia at.
tlnpting wrest these liberties from our lister
men! Four Answers were given: Let. Iha' It vas
10 awake siumberng diplomacy to the su!jtc'
ul recprucity. ID. With q view 10 show the colo.
MEG sh, zeal and friendship in their behalf enur-
tanned by the present British ministry. 3d. To
strike terror, by the presence OF an ARMED lofcc III
tGosc portions OF the population dl-at.ctd 'y the
failure 10 obtain railroad liUin IL ,lhx To 4ust,t
and also involve he United sa es III sol"e d'plo
m4c ditIic ulty which would Ell e IL surrender Of
Something On our part.
Mr. ; referred to the su, ceis Of England in dc
spuliug Nicaragua to enrich Coata R,u, which il
feeling andeeentiInen; WAS now Brush prosln' T.,
and 70 the fact that our Government had suffered
English bankers 10 become the DISTURBING agcn's
OF the United States, as was the case with the ast
instaments OF the Mexican indemnity To show
the DISASTROUS consequences which would follow
the success Of the pretensions set up by Englhnd
he read memorial from persons interested III the
fisheries, showing the number OF persons actually
engaged in them, the number at nome cepehdaht
on their labors, the amount OF capital Invested all
belonging to cur people, and the large amount Of
tonnage used in the prosecution OF the fisheries;
these interests would all be destroyed by any Tail!
ure to maintain the rights Of the American Usher
men.
He said that nations often become emboldenei
by past successes, and made rash steps to obtain
their ends, under al impression that whatever they
undertook would result favorabiy. England knew
well where were trained and nurtured the Amcrl
ca, ri nd llr mi
E.lbaur ned ty h,rsucccss al Nicaragua, he feared
she disposed to strike at this point OF our re-
sources.
he consid, red that there were questions Of mo.
mcnt Owed in this matter, and that they should
be met boldly. He read extracts fion newspapers
HIGH stated that re gotiauons were going on. lie
could not ssneye this TO be true. II Could not have
escaped the mind VI TIC iius,rous lndivldua! now
Secretary u stale that to gUtlate, 10 Sign trea
~ " h!le British force on the coast with q
view 10 expedite such negotiation, was 10 SINK into
dus; the character Of the Government II asked
what he would advise should be done. he would say
a. English stat.sm when certain islands ere
seized By France, said to the French Ambassador:
Tue i-!ands must be restored, and every one " no
has been damaged injured by the seizure must be
compensated; TIL that was done he should not be
heard"
lie thought one object Of the chairman of the
Committee Foreign Relations, in calling the at
ten,ion vi the Senate to the subject, was that the
oi the Senate and the country, 30 lar a. the
any treaty WIS siLncI or negotiations Concluded
on the subject.
tie sai nc was iusIy aware Of the greas stake
thls MAJ lion and TIE world had in the pres rvatlun
Of peace; but lie knew also mat unic.s danger ~as
faced i'll time, circumstances would arrive when
war or dishI NOR would be inevitable He knew
that many Ia Europe would rrjoi"e in war be-
tw cen the United States and Eng land; but he also
knew thai deep feeling would be occasioned II
this nation shouid Consent TO negotiate under the
rule II British cannon. The country would repu-
tia &c such peace.
The Bri,eh possessions in North America were
no longer mere colonial dependencies; they had
grown up to be a nation. and would before long
take their place among the governments OF this
continent While disposed TO lnsist earnestly up.
the full recognition OF the rights which the
American fishermen now enjoy uader God, he was
also disposed to deal iavorauly under proper cir
cum,,ances with the colonists upon the matter
they sought TO promote. But be would never be
driven to 90 any hing under the lash of Engla
lie would vote for the reference, and hoped the
committee would report resolution expressing the
sense Of the Senate upon this question.
Mr.. CASS explained that he did not place the
rights Of orr fishermen upon the secondary consid-
GRAFTON Of the treaty, but upon the laws OF nature
making the sea, free. He read several pages Of
his former remarks On this subject
Mr.. BU Tier hoped that this debate would not
be continued until the Senate had something be-
re it more definite than mere conjectures. tie
preferred 10 let the subject go to the committee,
Senate. 1t would then be time enough to dc.
bate it. he was nat prepared to advocate a war.
4 wur with Great Britain would be a most dis
astrous one, aad he did not believe she desired il,
for he could no benefit TO be derived from it
By her. He opposed TO debate here to inlu.
once negotiations, or to prepare the minds of
the people for He thought it probable
that England would prefer to give up her OK
ciusivc pr.,cnsions He would not now go into
an ar guInent upon the subject Of the construction
Of the treaty. He did not know but that if there
were any tribunal by which it could be decided,
the title Of Great Britain To those bays, &c il
would be decided that her title was better since
the treaty than it was before it. He thought it
very doubtful whether the United States and Great
Britain couL! by treaty make the Bay Of Fundy
a British bay.
The whole question depended on the construc-
ton of the treaty and nat ia British bay. He
vas opposed TO a debate to form public opinion in
favor OF war. before the Senate, when the Senate
was not posac ssed Of facts enough upon which to
make up judgment
Mr.. SEWARD said he was anxious &C the
Senator from Louisiana that the Senate should ex
press its opinion on this question; but he desired,
that when IL did that that expression should be
a wise, just, tcnabc one, and one which could he
mainta aimed. This could only be done upon all the
facts and Information, and this not yet before
the Senate. He thought he would be able TO show
that the Administration and its course bad been
nsrep presented and Unjustly dealt by ; he thought
he could show that there hs VIC been negotiate ms
Of a character to coInpromt the honor, character
A.. off he no t1h III