New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-31

' -~. n,rion of the B,idsb Government resting up
Ls,of the Law Officers of the Crown, Is .S,
% I, expressed 10 the head OF tne 49,, r. ,h
ee,1rr for bis direction and guidance anu 'na "
pr,sin.e The case l. decided after a tull eNsnins
lasS,Ss ARGUMENTS on both sides. Mr.. stevenson
tcr - the exercise OF the right asserted ~ the
<oHSsarpmeni here to control the passage "l u.s. of
rhl.nd submitted his Views as well as 'hose VI
le'',ro,tee in opposition TO those OF M stevenson
ps ~ decision Is uncQuvocaliy against the AnsI1au
- II will be observed, that Mr. Stevenson rests hls
ssa.lon 70 hs right claimed principally upon tne lac.
Y.,hs leland Of Cape Breton was disunci Coiohy AZ
rs,.ne of the Convention OF 1873 and hence argues
u,,he Province of Nova Scotis not having then tus
ion, 10 the waters OF the Gut OF Capso, coa'I no'
o. c1sir, 10 exescise unlimited control. Aom''us
.uch did aoi tnen exist IL is clear that cohuios
s,is enjoy ed stlely by two parties their union "ou
70 couple,e control and il may be fairly coo.ehueo
Nova Scotia and Cape Breton, being now unuei no
cor,ynmenf possess the Iame powers unWe1 as 'y
"a before the union as respects .nna y. Pr.rer,
~ that the eiec ofihe union only operates u
scopstic action relatively between them; ING LaS
sseers OF the Crown. however, take hisheI gi'unu
5ln,st fret that Foreign power mas any sucu isu'
hat conended for BY M S'sv eve, ao ,ucb sb, Is
,rrcd by the Treaty of 1918, to American cis%eha-
p.,ps such high authority In favor of The eNtng con-
- III the navigation OF the passage In auesnon, II
s he considered az conelusivey settled bat as this
.Ivs risht Is contested the part OF the American
crsrpmept the opinion Of the late Chancellor heot Al
Inecan uris OF the highest standing, In favor OF the
sve,cse VI that ss given In chapter OF ns ceebra
IA Legal Commentaries upon the Lay OF Nations 10 OF
Srnlsr value and importance That distinguished Jaw
sr In the work just mentioned treating 81 large upon
isspb,ect, says: ,,.
AIT 10 ellicult to draw any precise or determina'e
combustion amidst the variety Of opinions as to the dis
,pes 10 which State may lawfully extend Ito exclusive
nriop over the adjoining Its territories, and be
,ooathose portions of the which embraced by
S.rboys eul bays aud estuariss and over which its
;oJsdction unQuestionably extends. All that can be
.,sooably asserted s that the dominion of the Sove
,,sp of the shore the contiguous sea extends e
M ls requisite for his safety and for some lawful end
A more extended dominion must rest entirely upon
force and maritime supremacy According 10 the cur
req. of modern authority, the general territorial jurs
dcion extends into the far cannon shst vii
reach and farther and this generally calculated TO
be marine league and the Congress OF the United
sstts have recognized this limitation by authorizing
The District Courts 20 take cognizsnce OF all captures
made within marine league If the American shores.
The executive authority of this country In 1888 coosid
ersd the whole of Delaware Bay to be within terri
tors jurisdiction, and 1t rested its claim upon those
authorities uhich admit that CULTS channels and
q the belong 10 people with whose land they are
accompanied IL was insmsted that the law OF nations
would justify the United States In attaching to
heir coasts an extent II TO the sea beyond
The reach Of cannon.shot. Considering the great
eyieD, Of the line of the American coasts have a
aht 10 claim for fiscal and defensive regulations lib
erL extension OF maritime jurisdiction; and 1t would
not be unreasonable, as approhend 10 assume for do
nestle purposes connected with safety and welfare
The control OF the waters on our coast though included
within lines stretching from quite distant beadlands as
for Instance, from Cape Ann to Cape Cod and from
Nantucket TO Montauk Point, and from that Point to
he Cpes OF the Delaware, and from the South Cape of
Ford the Mississippi |, 10 certain that Govern
mept would be disposed to view with asiness
and feasibility In the If between other mari
time powers, the of the waters of coast far
beond the reach Of cannon shot as cruising ground for
beMgrent purposes In 1893, Governme Mt thought
the, we're entitled In reason, 10 broad margin Of
projected nAys auon any nation whatever, though at
that tno they did not positively Insist beyond the dis
hreeof marine league from the sea shores and in
ls5 our Government thought II would not be
able considering the extent OF the United States, the
boaness of their coast and tho natural indication fur
psbed by the wtlldefned path Of the Gulf Stream TO
excep, an immunity from belgerent warfare for the
space between that limit and the American shsrs.'"
From the foregoing extract 1t will be observed that
Chancellor Kent with the principles put forth by
the Law Officers of the Crown, and which justifes the
eonelusion, "that no foreign power independent OF
treaty has right TO navigate the passage of Canso
Having thus BY the highest legal hories of England
and the United States been bore out the assumption
that foreign power has any such right, the next In
quy Is, as TO where the power OF controlling the pas
ssge Of Canso exists BY the act of 1920 Cape Breton
was annexed TO Nova Scotia and has since that period
formed part of this Province which for nearly cen.
tGy has enjoyed representative form OF government
and which In making laws Is only controlled by the
operation of Imperial Statutes and the veto of the
Crown The night 10 make laws 10 affect navigation,
eIcpihe registry OF ships has been enjoyed and acted
up0L W tnis legislature Various laws have been
ensctet making regulations Tor setting nets, and in
other respects tor regulating the Fisheries In our bays
cree ks statutes have also been passed here and
ssentd % In England for collecting light duties In the
Gut Of Can So aud American aud other Foreign and also
Bnub b aud Colonial vessels have been brought within
The operation of those Statutes The right, therefore,
10 egae in respect OF the Fisheries and In respect Of
the Dsye alton # the Gut OF Canso, has not only been
confirmed 10 England, but has been acknowledged in
America In the payment oil light duties.
The Legislature of Nova Scotia may, therefore, be
fairly said 10 have the right to pass enacments either
10 restrict or 6bstruct the passage OF foreign vessels
through the Gut of Csnso.
The second point the policy Of imposing further
restriction upon foreign vessels passing through the
Gut Of CeDsO is yet to be considered
In the consideration of that question: the Treaty of
ISIS affords the best means OF living at sound con-
cusion The American Government by II, rellnquish
oil hight of fishery within three marine miles OF the
COAST bays, creeks or harbors of this Provinces and
under the construction put upon that clause In England,
upon the principle of International law IL
knovleSeed and insisted upon by the American Gov
ertnent the American citizens, under the Treaty have
right for the purpose OF fishery, TO enter any part of
tht Bay OF St. George, lying between toe headlands
formed ty Cape George the side and Port Hood
isino on the other American fishermen, ther store
when entering that Bay for fishing purposes clearly
violating the terms Of the Treaty II may be said that
The Gut OF Csnso affords more direct and easy
passage to places in the Gulf of ST. Lawrence,
where American fishermen would lie within the
terns Of the Treaty, but that is no good reason
why this Legislature should permit them 10 that
passage when their doing Is attended with almost dis
auou consequences 10 our own fishermen. Were
hereno other means of getting upon the fishing grounds
10 he produce of which they entitled to participate
HE Americans might then assert right OF way from
necessity, through the Gut Of Canso When that ne
eessy does not exist It would be- unwse any longer TO
permit American fishing Aesses 10 pass through the Gut
o. Canso for the following among many other, reasons
maj could be given, If necessary la the month of DC
soe the net and seine fishery OF mackerel In the Bay
Of Saint George most important 10 the people OF that
pAtoi the country and requires at the hands OF the
Legislature every legitimate protection. Up to this
period American fishermen, using the passage OF
Ne Gut of Cspso, 90 from II into 81 Georges BAY,
and hot only throw out bait 10 lure the fish from
lie shores where they usually caught by our
owl dshermen but actually FISH ia all parts of that Bay,
eyes within one mile OF the shores IL is also no.o-
nous hct that the American hing vessels in that Bay
annually destroy the nets of the hsermen by sailing
through them and every year in that way do injury 70
gen extent: and this upon ground which they have
10 fshs tread Remonstrances have therefore been
MADE to the American Government against such con-
oue but the answer has invariably been, to protect