The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1852-07-29
Che ll1eeklg Gazftte.
CITY OF LANCASTER:
saturday Evening, July I7, 1915
THE DrrIcULrY WITH ESeLAND-Amer'

saturday Evening, July ~, 1925
THE DIFFICULTY WITH ENeLAND-AD'er-
icdR Fisheries.--As an interest is manifested
in understanding clearly the cause oil the dill
fculty between the American fishermen ana
the British authorities, we select such parts
of Mr.. Webster's despatch as will enable
our readers to understand the present posi-
tiou of affairs. 1t will be remembered that
we have already published an account of the
canture and re-capturc of an American ves-
sci and the intimation that three or four ves-
sells are to be despatched by the British Gov
ernment to protect the fishing grounds. In
the treaty of October goth, 1918, is the fol-
lowing article:
"And the United States hereby renounce
forever any liberty heretofore enjoyed or
claimed by the inhabitants thereof to take,
dry or cure fish on or within two or three
marine miles of any of the coasts, bays,
creeks, or harbors of his Britanic Majesty's
dominions in America not included within
the above limits. Provided however, that
the American fishermen shall be admitted To
enter such bays or harbors for the purpose
of shelter and repairing damages therein and
purchasing wood and obtaining water and
for no other purpose whatever. But they shall
be under such restrictions as may be neces-
sary to prevent their taking, drying, or cur
ing fish therein, or in any other manner
whatever, abusing the privileges hereby re-
served them"
We give below the comments of Mr.
Webster upon this provision: ...
at would appear that by strict and rigid
construction of this article, fishing vessels
of the United States are precluded from en-
tcrng into bays and harbors of the British
Provinces, except for the purpose of shelter,
repairing damages, and obtaining wood and
water. A bay as is usually understood is an
arm or recess of the sea entering from the
ocean between capes and headlands, and
the term is applied equally to small or large
tracts of water thus situated. II is common
to speak of Hudson Bay or the Bay of Biscay,
although they are very large tracts of water
The British authorities insist that England
has right to draw a line from headlund to
headland, and to capture all American fish
ermen who may follow their pursuits inside
of that line.
twas undoubtedly an oversight in the
Convention Of 1918, to make so large con-
cession to England, since the United States
had usually considyed that these vast inets
or recesses ofthe ocean, ought o be open to
American fishermen, as freely as the sea it.
self within three marine miles of the shore.
In 1881, the Legislature of Nova Scotia pro-
posed a case for the consideration of the Ad-
vocate General of England upon the true
construction of this article of the Con-
Vention.
The opinion delivered by these officers OF
the crown was, that by the terms Of the Con-
vention American citizens were excluded
from any right Of fishing within three miles
from the coast of British America, and that
the prescribed distance Of three miles is to
be measured from the headlands or extreme
point of land next the sea, of the coast, or of
the entrance of bays or inlets Of the coast,
and consequently no right exists on the part
of American citizens to enter the bay of No
va Scotia, there to take fish, although fish
ing, being within the bay, may be at a great
er distance than three miles from the shore
Of the bay, as we are Of the opinion that
the term headland is used in the treaty to
express the part of the land we have before
mentioned including the interior of the bays
and the indents Of the coast.
The vessels of war mentioned in the above
circular despatch are expected to be upon
the coast Of British North America during
the present month, (July) when, we doubt
not, seizures will begin to be made Of Amer
lean fishing vessels, which in the autumn
pursue their business intcnts on the coast,
from which it is contended they aro excluded
by the Convention of 1918.
II is this construction of the intent md
meaning Of the Convention OF lSlS for winch
the colonies have contended since 1871, and
which they have desired should be enforc-
cd.
This the English government has now, it
would appear, consented to do, and the inn
mediate effect will be the loss Of the valua-
BILE fall fishing to American fisheries, n com
pete interruption Of the extensive business
ofNew England, attended by constant col
lsions ofthe most unpleasant and exciting
character, which mny end in the destruction of
human life, in the involvement of the govern
ment in question of u very serious nature,
threatening the peace Of the two countries.
Not agreeing that the construction thus
put upon the treaty is cOnlormable to the in
tention of the contracting parties, this infor-
nation is however made public, to the end
that those concerned in the American fisher
les may perceive how the case ut present
stands, and be upon their guard Tho whole
subject will engage the immediate attention
Of Government. DANIEL WEBSTER.
Secretary of State,