Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-07-31
THE FISHERIES AND THE TREATY OF 1918

The questions which have arisen in the construc-
ton of this Treaty do not grow out of the liberty
granted by Great Britain to the United States to
take fish Of every kind on the coast of Newfound-
land within prescribed limits, and on the shores"
of the Magdalen islands, and the coasts, bays, and
harJors of the coast of Labrador nor in reference
to the " liberty granted " to dry and cure fish in
any Of the unsettled bays, harJors, and creehs of
{ the southern coast of Newfoundland and of the
4 coasto Labrador" But the question is, what
liberties" did the United States renounce and give
up by that treaty which they had before enjoyed
or claimed 2"
To understand this question properly it may be
necessary to cite the whole article, that critical
comparison may be made between the language by
which the 'Hberty" is granted by it to the United
States, not only to take, but especially to dry and
cure fish, with the corresponding remuneration there
In, on the part of the United States of any "hber
H" Heretofore enjoyed claimed to take, dry, or
cure fish, &c. And with this view also it may be
necessary to take into consideration the Preamble
to this article of the Treaty This Preamble recites
shat differences had arisen respecting the "hJerties
claimed by the United States. ag The whole article
including the Preamble is in thA fnllesxing words
and, we may as we'll add, includes all the Treaty
Stipulations between the two countries the sub
ject of the ".fsheries:'
sWHEREAs differences have arisen respecting liber
ty claimed by the United States for the inhabitants
thereof take dry and fish certain coasts bays
harbors and creeks of his Britannia maestys domnons
in America
II is agreed beceen the high contracting parties that
the inhabitants of the said United States shall have
forever in with the subjects of his Britannia
Majesty the liberty to take fish of every kind that
part of the southern coast of Newfoundland which
tends from Cape Ray to the Rameau islands, the
western and northern coast of Newfoundland from the
said Cape Ray to the Qurpon Islands, the shores of
the agdalen Islands, and also on the coasts bays har
bors and creeks from Mount jolly the southern coast
of Labrador and though the Straits of Belle Ise and
thence northwardy indefinitely along the coast, without
prejudice however, to any of the exclusive rights of the
Hudson Bay Company and that the American fishermen
shall also have liberty forever, to dry and fish in
any of the unsettled bays, harbors and creeks Of the
southern part of the coast of Newfoundland hereabove
described and Of the coast of Labrador but
the any portion thereof shall be settled shall
be lawful for the said fishermen to dry cure fish
such portion settled without previous agreement
for such purpose with the inhabitants propretors or
of the ground And the United States hereby
forever any liberty heretofore enjoyed or claim
ed by the inhabitants thereof to take dry or cure fish
within three marine miles Of any of the coasts bays
creeks or harbors of his Britannia Maestys domnions in
America, not included within the aforementioned limits:
Provided however, that the American fishermen shall be
admitted to enter such bays harbors for the purpose
shelter and of repairing damages therein Of purchasing
wood and obtaining water, and for other purpose
whatever But they shall be under such restrictions as
may be necessary to prevent their taking drying
ing fish therein, in any other whatever abus
ing the privileges hereby reserved to them
Before proceeding to discuss the true meaning of
this article, for the purpose of ascertaning what
privileges rights the United States reaouaced by
it, it may be proper to remark that the treaty of
1888, which is alleged by Great Britain to have
been abrogated by the war of 1912, evidently made
adstincion between "righf of fishing and hbcr-
l.y to fish; for it acknowledged the "uanlolested
right to take fish of every kind on the Grand Bank
and all other banks of Newfoundland also in the
Gulf of St Lawrence, and at all other places IN the
8 sea where the inhabitants of both countries used
at any time heretofore to fish," This was clearly
acknowledging right which we had by the law of
IL WAS w grant, HO ConccSslOHj no prlVl-
legs which she had right to withhold; for our ma
tiohl independence conferred upon us the right to
emily it in common with all other nations But not
80 to the privilege of fishing curing fish within
tleerritoral jurisdiction of the British possessions
"a America, which comprise not only the land, but
onemarine league of the adjacent coast sea-and,
Therefore, when this is granted it is not called
right, but liberty; and the words are "The in
= hahtants of the United States shall have liberty
to take fish of every kind on such part of the coast
of newfoundland" &C.. "and shall have liberty
to dry and cure fish in any of the unsettled bays,
harbors, and creeks" &c.
We proceed now to consider the true construction
of that clause Of the treaty Of 1918 by which the
United States renowned certain privileges which
they had before claimed or enjoyed; and this we
shall endeavor to do mpartially, and not as the adj
vocate Of our claim against that of Great Britain,
leaving that to other and ADLER hands simply desir
ing, part to lead the public mind if possible,
to correct conclusion On this perpexing subject.
In doing this it is fair to consider both treaties to
gether illustrative Of each other and especially as
they between the same parties, and relate to the
same subjectmatter. 1t is also legitimate and pro-
per to refer to the concomitant circumstances Of the
negotiation of the treaty Of 1918, to ascertain its
true meaning
In the first place, then, it is to be observed that