The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-25


legged to be placed Dy the British government upon th'
convention OF 1915 snd ii the American Executive IS IN
formed that such movement has taken place on Inc par
OF the British government Il Is the lmpeons duty OF 'hs
Executive al 10 order adequate naval force into
those protect the American citizens IN Inc exef
else OF their rights under the treaty.
As to any danger OF collision- put ms 10 the sena
tor from Maryland, MIR PfARcEl-the BRUSH covers
men have taken the initiative and they either expected
collision, OF they did not II lhey expected eolllsioa
they were moi IN their movement BY that expect
alton If they did expect COLLISION they expected
us TO acquiesce lamey IN this national offence
on their par-or II = national oneaee. ;, an
without notice. 10 send large, unusual force into any
foreign part. where
Mr. PEARCE. gave way to the senator merely to
MIR MASON did not mean to interrupt the senator
any than to explain TO him my views. The senator
asks-f he will indulge me moment what instruc
lions would be given 10 our naval commander II such
fleet TO be tell him what instructions would
propose would suggest TO the naval commander in
sructiOns 10 preserve the American fisherman in stdfu
quoo let him continue where he had been accustomed
10 fish for the last thirty years; and he was ntenered
with by this British naval power woud instruct him TO
protect him, and TO do for the very purpose OF avoiding
Mr.. PEARCE. There are a great many ifs and butts
about tho statement Of the senator from Virginia II is
much qualified in that respect than that OF the sena-
tor from Connecticut Mr. ToUcEYl did not understand
the latter put any of these contingencies into
the at all but TO assume that II was the duty oil
the Executive TO send fleet 10 the waters in the vicinity
N.
upon the character Of the instructions, and much upon
the purposes Of the British government and those purpo
the senator does not understand any more than my
self What they is matter OF pure conjecture.
Why sir, if the commander OF this fleet is TO be instruct
ed TO protect fishermen in their Just rights, who IS to
tell him what those Just rights are or he himself 10
be the Judge when their Just rights are invaded
Is the Executive 10 transfer his duty, and allow con-
struction of treaty be made by captain OF man
of-war How shall he give him definite instructions
The senator says instructions should be gwen 10 pro-
tec these fishermen the exercise OF their Just rights
as they have been in the habit Of exercising them for
thirty years past Who knows how they have exer-
cised them for thirty years past Is this government
prepared to say what part OF the British coast and
within what distance they have invariably ished May
il not be that ships have encroached from time to
time Do we not know the fact that they have done
So and that they have been repeatedly capared during
the past thirty years in violation OF rights under the
treaty ID the captain OF ship war to determine all
porance-which will rise out of this question Or is
he TO be sent there with general instructions to protect
our hsheriee and be lett entirely to the guidance OF his
discretion, and the conjecues which he make
TO the proper construction Of the treaty Or shall he
be told. f you find British vessel capturing vessel
or fishing smack belonging TO the United STATES within
the waters whose entrance is not than six miles
wide, open your broad side upon il I" No. sir, when
Executive does that, think he will assume power
for which the Congress OF the United States will be very
apt to call him to account and 10 very solemn account.
The whole country would call him to for it.
II would be assuming power which does not belong TO
the Chief Magistrate 1t would be forcing this country
Congress, and in Congress alone.
Bat do not wish to violate the rule which announced
proper one when set out-that not fur.
nished with the of discussing this thing inelli
gently and fairly; and expressed the hope that the
discussion will end here and 60 no further, and that the
resolution either be passed now i debate must be had
that il be postponed until another day.
Mr. PRATT. suppose from the aleness OF the hour
that the business 10 which this day should have been
devoted cannot now be taken up therefore desire 10
say something upon this subject, differ In some de-
Orap with hn- xVbn hava pkpn
subject, and The difference OF opinion in my own mind
brings to the conclusion that there is much stronger
probability Of collision with Great Britain upon this
subject than has been expressed By other senators.
Great Britain has said that she now claims the exclu
sve right oil lshing in those and Mr. Webster, The
representative OF this government has said that under the
convention OF 1915 citizens OF this government were en-
titled 10 the nights OF fishery there Here, then, the two
governments directly issue Great Britain has sent
unusually large fleet there TO protect her citizens in
the rights assumed by her government and we have the
letter Of the British admiral, being letter OF instruc-
tons to the commanders Of vessels composing that fleet
saying thai citizens TO be prevented from fishing
there they have done since 1918 10 the present ne
Now, Mr. Webster that not only is legIt-
innate construction OF The treaty of 1885, but that the
British government subsequently,, IN lSi3, admitted our
construction TO be the correct and legitimate one When,
therefore, different governments stand IN this altitude
when here is the British fleet instructed by her ad-
miral in command 10 take possession OF our vessels
pursuing what our government says u their legitimate
rights there danger OF collisions Now, sir, our
fleet ought 10 be sent there and when it is semi, IL
be sent with but one object-wth instructions
precisely similar the part oil government TO those
sent the part of Great Britain. The commanders OF
the British vessels have certain directions, and know
it. Here is the letter CT their admiral directing the
ses TO take possession OF fishing boats, capture all
engaged IN this business, which Secretary
OF Stale says legitimate right OF citizens When
vessels there, they with instruction. that
that order is attempted 10 be enforced by the British gov
erDmen IL must be prevented by force. II is all farce
my colleague says, unless they 60 there with that in
slucuon. Each government has assumed it's attitude
exclusive right OF fishery, the other assuming and claim
ing the righ, OF its ciiizens 10 fish there in
The British government have sent their vessels there or
the purpose oil preventing the exercise OF that right by
our ciizens and II we send must send a flee
there will be with the instruction that ii the BRUSH
feet attempt TO carry out the instructions OF their adm
raj our naval force must prevent IT, III II 10 attempted 10
be done BY orce INST be prevented by force there
fore see Mr. President from the attitude of the two gov
ernments in regard 10 thus question greater probability Of
war than did with reference 10 the fifty. four forty
question, with reference to any position in which tue
country has been placed, within my recollection.
IL appears TO me that the agument-and believe The
whole argument here To- day-has proceeded upon thu
hypothesis IL that the British government have
sent their vessels there biiaiory 10 treaty Sir, the
sentiment avowed by my friend from Texas Mr. RusK
that this government, the institutions OF this country
the people OF this country and the representatives OF the
people of this country, would never al
the lannon's mouihthat sentiment is well known "a
the British government, and ~ well known TO The
British dplomaiisls IL TO you or There IL mol
government upon the face OF the civilized globe thai
does not now know that no treaty could be made with
the American government IL II attempted TO BE-
done by force. however DESTROYS this country NIGH
otherwise be 10 make the treaty which the oibe
osol a L. 70 Rrtfa