The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-10
LETTERS FROM HOME.


WASHINGTON, Aug 3. 1852.
Critical State of our Relations With Great Britain
Debate in the Sena te as TO the Jurisdicf,on of a
Country ON its Seaboard- Decision of Colonial
Court in Case of Mmdo-Jo,nt Territory at
the Entrance of the Bay OF Fnndy -Interrsts Of
Frunce Enroired in The Fishery QsIestion.
It has always appeared to mo that the question
at issue between the United States and Great Bri-
tain which the recent action of the government has
precpitated, is one that might be amicably settled
by negotiation, unless some adverse contingency
should arise, which would render it difficult i'm
practicable-of which class may be deemed Mr..
Webster's Marshfeld speech, the demonstration I'M
necessarily made in the Senate, and tho dspatching
q ship Of war to the fishing grounds, for the main
tenance of what are deemed American rights, and
where the firing Of single gun in anger on either
side, will be the signal Of hostilities between the
two nations
From perusal Of the last debate in the Senate, it
will be seen that the question is treated of
inalienable right, which American fishermen are
represented possessing, to fish any part Of the
coast of the British possessions in North America,
derived from the treaty Of 1888, and which it is
contended the war of 1872 did not abrogate It is
evident, however, that the British government have
uniformly taken different view Of tie subject and
in 1878 treaty was concluded. in which it is pro-
shall have forever the liberty to take fish, and to
the same in certain parts of the coast of New
foundland, on the shores of the Magdalen Islands,
and in the Straits of Bellesle; the United States,
by the same instrument, renouncing forever any
liberty enjoyed or claimed, to take or cure fish
within three marine miles of the coasts, bays,
creeks, or harbors of the British dominions in Anne
rica, not included in the above limits" with per-
mission, however, to enter such bays and harbors
for shelter or repair, under certain restrictions
1T is very evident from references made to the
dispatches and opinions Of American dplomatists
and statesmen, alluded to by Mr. Hamlin. in the
Senate, that they have always commended, that the
limits within which American fishermen may pur-
sue their occupation, restricted to three miles
from the shore; and the only point about which
there is any dispute, is, whether those three miles
are to be calculated from the indentations Of bay
or inlet, or within line drawn from headland to
headland Upon this the treaty itself is silent and
hence it becomes question, that must be de-
termined in accordance with the law of nations, to
which no allusOn has been made by either Of the
Senators who spoke, and by which all civilized
powers protested to be governed, or by a definite
treaty.
It must be borne lin mind, that the construction
which given to the word "bsys,'' in the debates
alluded to, if acceded to by Great Britain must be
universal in its operation, and must govern her re-
latiOns with all foreign powers. and if in con-
formity with national law must be reciprocated by
them !; consequently Chesapeake Bay, which at its
entrance extends from Cape Charles to Cape Henry,
and penetrates one hundred and ninety miles in
land, which in parts is twenty miles wide, and
is nowhere believe, less than seven, must become,
with others of similar character, common
thoroughfare for foreign vessels, which no u-
risdcticn, Of an exclusively local nature, can be
ercised by the United States and to which British
French, and other fishermen may resort, for thepur
pose Of taking fish.
Probably an instance that came within my own
observation, several years since, in the Island Of
bermuda, having bearing upon the subject, may
not be without interest at the present time show
ing the decision of the British courts, with re-
"a hat sk,,<n 49,.
man, who had gone out in his boat to fish, on the
north side Of the island, had beaten boy he had
with him in such a manner as to cause his death,
for which ne was apprehended and brought to trial
in the court of Kings Bench During the exami-
nation Of persons, who were in another boat near
by il came out, that the former was at anchor out
side Of line drawn from Ireland Point to ST. Catha-
rines head-a distance of upwards Of twenty miles;
when the Chief Justice instantly ordered the trial
to be discontinued, observing that the offence was
committed beyond the jurisdiction of the court
which he presided, and that the prisoner must
be sent TO tho Court Of Admiralty, to be tried for
an offence committed on the high seas Had the
boat been fishing on, or within line drawn from
those head-ands, the trial would have been proceed
ed with.
General Cass took exception to the exclusive jur-
isdicton claimed by Great Britain, with reference
to the Bay Of Funday, as did Mr. Hamlin,. which
had previously occurred to my mind and who con-
tended that the Bay of Fundy at its entrance, not
within the sole jurisdiction of England part ofthe
coast belongs to Maine, and has no marked entrance,
nor any distinct head lands being almost straight
line. both in Maine and New Brunswick" Upon
referring to the map, however, think it will be
found, that outside Of the American territory. and
Immediately opposite Eastport, at the entrance of
the Passamaqusddy Bay, are the Islands OF Campo
Bell and Grand Manan, held by the British, so
that line can be drawn thence to the opposite side
Of the entrance of the Bay Of Fundy, in Noyo
Scotia.
As the events Of the last war; since which nearly
half century has interviewed, cannot be within the
recollection of but few Of the present generations it
may not be uninteresting to mention, that Eastport
is an island about five miles in length, on which is
fortified town Of that name, which was taken by
the British at the commencement of tho last war; as
was also Machias, where were their headquarters,
and hold till the resumption Of peaceful rela-
tions between the two countries, the British autho-
rites contending at that time, that it British
territory; during which, as learn from g Nilcs Re-
gisfcr," about o.thrds Of the inhabitants took
the oath Of allegiance to the British King, most of
whom have since, in all probability, 'gone the way
OF all flesh"
1t remains to be seen, whether the government Of
France will take the same view Of the subject as
prevails in this country; and also what will be the
action of the British government, in relation to o
question Of such absorbing interest to both countries
It is very certain, that if foreign ishermeH shall be
permitted to frequent for the purpose of fishing, the
bays and coasts Of New Brunswick, Nova Scotia,
Prince Edward Island, and Newfoundland, and are
not restricted by n line drawn from headland to
headland that the stipulations of the treaty, ex-
GLIDING them from within three miles Of the shore,
will be continually violated, unless naval force IS
constantly present, to see that they are respected;
and the other nations Interested, may deem it ne
cessnry, for the protection Of the rights Of their
fishermen, as in the Of the Mississippi to send
their own vessels Of war there for thai purpose;
which will tend to pcrpetuate an Initiated and OK.
cited state of public feeling on both sides, until
some unexpected aud unfortunate collision shall in
volve their respective countries in hostilities.
VERAx.
Our New Hsmps1aire Correspondence.
CONCORD, n H., August 6, 1852
Tile Nor Boston Speech of Gen Pierce The Politi-