The daily union., 1852-08-05

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determination OF the home government 10 maintain il.
There IS prodigous flourish OF trumpes upon the
cason, and 10 obvious that every coonlst believes that
this large force has been assembled for lar import
AMI purposes than 10 watch smugglers or the common
Iespasses OF fishermen.
Now, what are these ' encroachmenls" thus denomi-
mated and denounced by the British government and By
their representative here There are not wanting The
means OF answering this question,
For series oil years the colonial authorities have
complained OF fishermen for fishing in all the large
haysn the Bay OF Fundy. The Gulf OF ST. Lawrence, The
Bay OF Chaeur, and elsewhere Inl these complaints
assumed quite an imposing appearance and resoiuuoh
passed the legislature OF Nova Scotia, mbodying Their
supposed grievances IN distinct form. with view 10 de-
cisive action. A was stated by The governor EN-
acng all the points they contended Tor, which was
transmitted 10 the government with request lhat the
opinion OF the Advocate and iihe Attorney might
be taken upon the various questions propounded Among
these questions was The iollowng
"3d Is the distance OF marine miles TO be oompu
ted the ndents OF the coasts OF British America or
from The headlands aud what is be considered
headand p
There are two curious facts in connexoH with this
proceeding worthy OF passing notice.
The first IL, that IN the stated by the Nova Scotia
government II is asserted that at the peace OF 1883 a
treaty entered into between the Uaited States OF
America and Great Britain, by which the people Of the
former country obtained the right :" to take fish the
Grand BANK &C. A greater historical error could
hardly be committed in this matter, which the treaty
ITSELF as well as all conemporaneous accounts, contra
diets. What influence the statement may have had upon
the subsequent opinion, know 1t certainly leaves
but iule respect for the careful action of those who
pared the document
The second curious fact, though Of different nature.
concerns the governor, (Lord Fakland,) who gravely
tells the Secretary OF State, while sending him tins paper
that the people OF the colony have not been waning
in Efforts TO repel the ncursons oil the NATIVES OF the
United States upon these fishing grounds" Nc This
dgnary seems to have supposed that the aboriginal pop
uation yet possessed country the term natives is
by common consent applied TO the primitive inhabi
tants of region.
The case thus stated was referred by the home govern
ment 10 the Advocate and Attorney General who decided
every point in favor of British, rather OF colonial In
erests. 1t is probably well for the peace Of the two
countries, the of England to be guided by the
views OF these tuncOnaries, that nothing more was
asked; tor suppose negative upon such questions OF
national interest could have hardly been expected from
these legal expounders On the main point the follow
ing was the opinion:
the put to us does apply we OF opinion that
by the of the treaty American citizens excluded
British America and that the prescribed distance OF three
miles is to be measured from the headlands extreme
points OF land next the OF the of the entrance
the bays, and not from the interior of such bays nle
OF the coasts and consequently that no right exists ON the
of American citizens the bays OF Nova Scolia
there TO take fish, although the shng being within the bay
shore OF the bay, of opinion that the head
land used IN the treaty to express The part OF the land we
have before mentioned, excluding the interior OF the
and the inles OF the coasts
"4h BY the treaty Of 1918 it is agreed that American
citizens should have the liberty of fishing the Gulf Of St
Lawrence, within certain defined limits in with
British subjects and such does contain any
sativng right navigate the passage OF the
Gut of Canso, and therefore i, may be conceded
right OF navigation is not taken away by that convention
but we have atenvey considered the navi-
the gulf by Cape Breton, and likewise the pa
city and situation Of the OF Canso and OF the Bht
sh domnions on either side, and we are OF opinion a
independently of treaty, foreign couny has the right
navigate the passage of Canso and attending The
terms OF the convention relating 10 the liberty of hhey TO
be enjoyed by the Americans. also OF opinion that
that convention did either expressly by implication,
concede sach right OF using navsa the IN
question We also of opinion that casting butt 10 lue
fish in the track OF any American vessels navigating the
passage would constitute fishing within the negative
terms OF the convention
This decision goes for the whole but is accompanied
with two remarks little credabe TO those high nriss.
consults, and which shake our faith in their opinion
i The first is, that the Term HEADLAKD is used in the
treaty TO express the part OF the land have before
menlioned. &c. Unfortunately for their accuracy and
their reputation, the word beadand is TO be found in
| the treaty, from one end of il to the other.
4 The second drawback upon their intelligence is OF a
much gaver nature, and utterly destroys all confidence
IN their views They say that the prescribed distance
OF three miles is TO be measured from the headlands,
extreme points OF land the OF the coast, or of the
entrance of the bays" &c. Here have two kinds OF
headandsone OF the OF the coast and the other of the
entrance of the bays The former expression If il means
anything, that from headand headand along any
coast however straight and however unbroken such
may be, resting upon the broad itself, line may
be drawn, and exclusive jurisdiction claimed within it.
This is more than the Nova Scosns asked and more than
the law officers OF the English Crown could give Ii is
preposleous. The Bay OF Fundy is not named specifically
in this opnios bat il evidently intended TO embrace it.
Now, this bay not within the exclusive dominion OF
England part OF the coast belongs TO Maine and il
has no marked entrance nor any distinct headands on
the northeastern sde being almost sirag ght line, both
\ in Maine and New Brunswick. II wants all the char
aciersiics OF bay defined in this opinion IL is, in
fact open, exposed arm OF the ocean, running along
the coast OF Maine more than hundred miles. Ge-
ographers consider the Bay Of Fundy separated from
| the Atlantic ocean by line from Cape Sable on the
southern coast OF Nova Scotia, 10 the islands in the Pc
nobsco bays and in the discussions respecting north
eastern boundary il contended on the part of Eng
land that the rivers OF Penobsco bay all pted
the Bay of Fundy THIS diagonal line would be ue short
OF two hundred miles in length It is impossible TO be
definite IN such inquiry but these facts indicate the
great extent OF this oceanic ndenaon and how far is
from being sheltered sheet of separated from The
ocean and protected from II by ed projecting head
lands Ii averages probably about fifty miles in width
and includes within is circuit numerous bays, such
Penobscot bay, Frenchmans bay Pa.samaquoddy bay,
and Machas bay, in Maine, and the bay OF Mines, Chg
bay, and bay Nore, in Nova Scotia and New Buus
wick, together with several others Such expanse OF
water s geographically and politically part OF the At
| lannc ocean
Bot, sir, this is strange way of settling great inerna
uonai questions OF jufsdctonby referring them TO the
decision of the law officers OF a government Such
questions involve the most important and delicate points
OF foreign intercourse and should be the subject OF pego
liaon, not OF legal reference We thus arrive, sir, at
what The British authorities consider the "encroachmeDr
OF our fishermen, and for which they have recently made
provision. No doubt occasional niracons OF the treaty
occur, which the ordinary force in those regions com
peteDto prevent or TO punish No defends such acts
nor VIII our government make any reclamation in relation
TO them. But the complaint OF throwing oiial and
furnishing ta 10 the fish. and other grievances of a
similar nature, rather small matters 10 become the
subject oi controversy between two great nations II
The British coonsts would initiate the industry, and skill
4