Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-08-31
TlaE EIsaaElsN QUESTION.
The London Times of the 9Th of August, among
- the same suhiect has the follow


cries on the coasts of the British colonies IN Moth
America, that body had received no ohcini MOI
nation on the subject beyond MI. W EhsrER coni-
muncation to the newspapers, and by It's c9nsL-'
tuition no member of thesGovernmeht couiu -ns
present to explain what had actually taken place.
The consequence was that a conslaefaeie aiiioui
of hasty invective and erroneous impulatohs Was
discharged against the British Government. Ing
facts and the law of the were alike mlsrePre-
sened; and debate ensued OF so desultory and eH7
cited character that we cannot but express our
regret that such spirit should be manifested on
little proyocaton most seaate ana q,
manlike Assembly in the United States. 1
In theTires of the 10th is the following article:
ait will have been seen by the intelligence from
America wlichiwe published yesterday, that M.
WEBSTER has now delivered himself OF opinlonS on
the subject of the Northeastern fisheries conciding
i'm almost all material respects with the views
which we expressed OIL Friday last Making al
lowance for the defamation in which oil states
men of the Union indulge, and for the temptations
TO oratoricul extravaganza which the political coll
juncture suggested, we may acknowledge lhai
Mr.. WEnsrEn's speech ut Marshfield addressed u
self with great correctness to the true points at Is
sue, though it was beneath the dignity OF such
sneaker to expatiate emphatcally upon the rnlue
of the privileges i'll dispute, and to make his ap-
peal rather to the covetousness than the justice Of
his countrymen No one DOUBTS the importance
or producveness of the fisheries in question; it is
this fact, indeed, which has given rise to the en-
broilment Neither is it denied that the fishing
trade employs vast number of hands, and consti-
tuteS, w EBSTER expressed 'lHe very Iuf-
sery of the American navy But such arguments
as these can no more justify the Americans in en-
croaching upon the fishing grounds of Others than
they would warrant Englishmen in Selling the gua-
no deposites of Peru. If the advantages recapitur
lated with such junction have been derived from
habtual trespass, they must either be surrendered
| or made the subject of fair negotiation. The wa
tiers of the Bay of Fundy certainly do not become
American waters by reason OF their convenience or
value. ,.H..4 a-iIfEH DIR .-rau r7eHsaa
at is satisfactory, however, to observe that the
| first impressions either side of the Atlantic APP
pear To be subSding into correct appreciation of
the question ut issue and, though there is always
considerable ditiicultyin conveying popular ideas
of international difficulties, webelieve the English
public will soon be qualified 10 estimate this con-
test nj It's true merits There are two chief points
| in debatc-one concerning the interpretation of .
treaty, and the other arising from the customs and
usages by which this treaty has been exemplfed.
| BY the convention now regulating these matters
| the Americans are excluded, on their own express
remuneration, from certain bays and larbors OH the
British coasts excepting for purposes specially de-
fined. About this exclusion there can be no doubt;
| but il has been maintained in America that bays
so large as to include sea within themselves
were not contemplated by the spirit of the treaty,
| however they might be comprised in lis letter.
The usage of International law extends the terrific
rial sovereignty of coast to distance of three
marine miles the waters by which it is washed,
butno further; and it appears to have been the
American doctrine, that II n bay or inlet were so
spacious to admit Of vessels entering without
coming within league Of either shore, such bay
should be considered as open sea. ,..g... Z
i "Now by the strict Interpretation of the treaty.,
no lie than by the accepted law on these subjects,
we entertain no doubt that the Americans are
wrong. 1t is impossible, with any semblancc of
JUSTICE to strain the terms of convention to suit
the purpose of one of the contracting PARTIES
\ The Americans are excluded by their own act and
I deed iom all bays certain coasts, of which the
| Bay of Fundy is one, and it can never be permis-
sible that after such remuneration they should be
at liberty to decide for themselves what bays
should be considered bays, and what should not. !
Moreover, the usage of law is again in our favor,
for it has always been held that in the of
coast -ndentations the waters included by line
drawn from hcadland to headland pertaned osuch
territories exclusively, and that three marine miles
of ordinary jurisdiction were to be reckoned sea-
ward OF such line. On this point, therefore, it
| will be readily comprehensive that the case of
the Americans cannot be maintained, and we OBJ
serve that while Mr.. WEBSTER in his latest re-
marks avoids allusion to it, its validity, as against
the United States, is frankly admitted by some of
| their ablest journals. 'ntf-. 80
| trhe next point is less clear. Whatever may
| have been the limitations imposed by the Conven-
ton of 1918, il is certain that the Americans have
commonly assumed the privilege of fishing over
many of the grounds from which they were NOM
inaiiy excluded These encroachmens have not,
indeed, been general or so undisturbed as they
| are now rcpresented; nor, if they had been so,
could any legal rights have been thus acquired
But is incontcsitble that great freedom has been
|
on our part than we should have been justified in
opposing so that W hen, with abrupt precipitation
and on the eve of the fishing season, powerful
British squadron is all ut once dispatched to en-
force the strict observance OF the treaty OF 1875 the
prophecies Of intercourse between two such conn
tries as England and America may be reasonably
| thong Int to be nfringed. As it seems, too, that
within the last seven years the right Of fishing
a portion of tho disputed waters was conceded to
the Americans by British Minister, and that such
concession has not been Withdrawn, the wisdom OF
our recent proceedings appears still more question:
| able; and Mr.. Webster accordingly, though he
cou Id make little of the American title strictly
derstood had evidently reason on his side when he
| observed that IAN indulgence of long continuance
could not be Withdrawn at the season when the
fishermen were just Engaging in their business,
| without Just and seaSCnable notice. al-.t d. ~,
| "rhe overbearing pretensons in which Ameri-
cans are sometimes wont to indulge themselves can
never be admitted. They divide the northern con-
tinent of America with, ourselves, and the fisheries
of the coasts are subject TO corresponding divi-
sion. But while. we say thus much and while we
are prepared to maintain that the strict rights of
the case so far from pertaining to the Americans
reside wholly with ourselves, we should be disposed
not only TO acknowledge the claim to consideration
which has been constituted by usage, but to put
liberal construction on the treaty itself. There is
some foundation for the argument that bays of
| large extent Should not be treated like smaller
| lnlets and we may presume that Sir Robert PeePs
| Government was influenced, by considerations OF
this nature in conccding to the American fishermen
| the entrance to the bay of Fundy, in 1S45 In ap-
| plying, for instance the same rules to European
States, it would be clearly unreasonable, surprising
France and Spain Were under the same Govern
mcnt that otlet nations should be excluded from
the bay of Bscay by line from Brest TO feIrol'
though the bay of Biscay is undoubtedly bay.
The opinions, however, so hastily expressed in the
| American Senate, were without justification in
| fact, for the wrong doing was exclusively on The
side of the States, though they might have reason,
ably expected that SO long connlved
at would be denounced at last with less abruptness
and adjusted with more consideration for the feel
,ngs ofapeope SO nearly connected with ourselves
The entire questions concerns the liberties of Anne