The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-27

Of Englishmsn at home. But within the last
two or three years the colonies have clamored
for more protection, and the British govern
ment has assumed an attitude Of hostile deter
mination to carry out the wishes Of the colo
nists. A fleet Of armed vessels cover all the
seas where our citizens have been in the habit
of fishing. Our poor and Industrious fisher
men see wherever they go the muzzles of Brit
ish cannon before them, while the colonists are
loading their vessels and monopolizing the
market. Such state of things is ruinous to
them and injurious to the country.
The history of the rights and privileges of
the fisheries in the seas, bays, and on the coasts
of North America and the islands at the mouth
Of the Gulf of ST. Lawrence, is too compli-
Gated and lengthy to recite in this article.
They have been the subject of wars, Of i'm
portant conventions and treaties, and of inter
minable disputes. These rights have changed
hands at different times according to the power
If the nations who claimed them. France,
England, Spain. and other powers, have had
their rights. England claims most OF them
now. The best fishing grounds, except on the
banks of Newfoundland, are near her terrific
ries. The treaty between the United States
and Great Britain of the Goth Of October,
1918, contains articles to regulate the rights
and privileges Of both parties in the fisheries.
That is the last treaty on the subject. In the
dispute as to the true construction of these ar
ticle, reference is made to former treaty in
1888. In the treaty of 1918, on which the
whole question turns. the following articles re-
late to the subject:
''lst. That the inhabitants of the United States
shall have forever, in common with the subjects
of Great Britain, the liberty to take fish of every
kind on that part of the southern coast of New
foundland which extends from Cape Ray to the
Rameau islands, on the western and northern
coast of Newfoundland, from the said Cape Ray
to the Quirpon islands, on the shores of the Mag
dalene islands; and also ON the coasts, bays, har
bors, and creeks, from Mount Jolly, on the south
ern coast of Labrador, to and through the Straits
of Bellisle, and thence northwardly indefinitely
along the coast, without prejudice, however, to
the exclusive rights of the Hudson Bay Company.
's2d. That the Americans shall also have lib
erty, forever, to dry and cure fish in any part of
the unsettled bays, harbors, and creeks, of the
southern portion of the coast of Newfoundland
before described and of the coast of Labrador the
United States renouncing any liberty before en-
oyed by their citizens to take the fish within three
miles of any coasts, bays creeks or harbors of the
British dominions in America, not included within
the above limits, i. g., Newfoundland and La
brador
"3d. That American fishermen shall also be
admitted to enter such bays or harbors for the pur
pose OF shelter, and of repairing damages therein,
and also of purchasing wood and obtaining water,
under such restrictions only might be necessary
to preren their taking, drying curing fish therein,
on abusing the privileges reserved to Them
In these articles the difficulty arises upon
the construction of the term shay" The
English maintain that it means all bays, so
called, including such as the Bay of Fundy;
and that our fishermen are not to enter within
straight line, drawn from headland to head
land, of these bays. On the other hand, we
assert that this is forced construction and
not agreeable to the intention of the terms of
the treaty, nor to the common rights of the
seas. We hold that the Bay of Fundy, which
is some sixty miles wide, and all such bays,
are arms Of the sea, and are common fishing
ground beyond the distance of three marine
miles from the shore. We construe the terms
of the treaty to mean only the ordinary linden
tations of the coast called bays, and not those
large bodies of water like seas. That is the
view also our fishermen have taken and acted
upon. They look upon the fish in the sea as
upon the birds of the air, free to those who can
take them, SO that in taking them we do not
trespass on the ground of others. They have
continued since 1878, with little interruption
to fish In those waters at a distance Of three
miles from shore, though sometimes they may
have trespassed; they have thought they I'M
derstood their rights, and have mostly ad-
hered to them. Besides, to their common
sense view Of things, the exercise of this
privilege. if it were only privilege, for so
many years, would give sort of prescriptive
right. Suddenly England demanded the exc
cution of the treaty according to her own con-
struction of it. She sent last year, and now
maintains large naval force upon the fishing
ground TO enforce her views of the treaty. The
fishermen were alarmed their very existence,
in some cases, depends upon fishing in the ac-
customed places. They had no national yes
sells near to shield them or lead them from dan
ger. 1t seemed their case would never be
reached on the diplomatic docket. They had
waited upon their Government more than
twelve months; they were compelled to pur-
sue their business for living or abandon it al
together. Under these desperate circum
stances they were compelled to arm themselves.
In this state of facts what can be done for our
fcharmen 2 How af Iooot con ,ya ,,rotoct &c