Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-12-05

consent, and did consent that, the British occu-
p p or ne Fort Of the Hudsons Bay Com
Pany should continue for the present. i deem
1t important, however, that this part of the
boundary line should be definitely fixed by a
Joint commission of the two governments, and l
sucn commission on the part of the United
states, and recommend that an appropriation
be made for that purpose. The land boundary
mas already been fixed and marked from the
summit OF the Rocky Mountains TO the Geofg-
ian Bay. IL should now be, in like manuel.
marked marked from the Lake OF the Woods to the
regret to say that no conclusion has zen
reached for the adjustment of the claim ssxinst
treat Britain, growing out of the course adopt
60 Dy tna1 government dIrf3g the rebellion
The cabifrt of LoRfon, 81 far as its New
nave been expressed, does not appear 70 be will
ing 10 console that her Ma jesty's govern nent
ted any oct during the war by which Sae United
states rad just Cause OF complaint. Our firm
and uD2iterable convictions are directly the RI
versc.
L, therefore, recommend to Congress to au
thcES2e the appointment of a commission %
tase proof of tie amosnts and the ownership OF
taeee several claims en- notice tc the represen-
tatlve of Her Majesty at Washington, and that
autAorlty be given for the settlement of these
claims by the United States 20 that the Gov
eT1ment shall have the ownership OF the private
o.aIne, as we'll as the responsible control of all
eae demands against Great Britain.
IL cannot he necessary to odd that wheneve
der MaJestyis Government shall entertain a
deslre for 1ull and friendly adjustment of these
claims, the United States " IL enter upon their
consideration with an earnest desire for a con-
ciuslon consistent with the honor and dignity
of both nations.
The course pursued by the Canadian authori-
ties towards the fshermen of the United States
during The past season has not been marked by
friendly feeling. By the first article OF the
convention Of 1913, between Great Britain and
the nited States, it was agreed that inhabi-
tants of the United States should have forever
In common with British subje cts, the right of
taking fish in certain waters therein defined.
:, In the waters not included in the
limits named in the convention (within three
miles or parts OF the British coast,) 10 has been
the custom, for many years, TO give to intruding
fishermen of the United States a reasonable
warning Of their violation Of the technical
msnt G ~ G nndr gT,sin the imperial govern
Wfole or share OF its Jurisdiction
or control of these in-shOre fishing-grOuntls To
TIE Colonial authority known as the Dominion
Oh canada, and this neutrality-suspicious. but ire
sponsible agent has exercised its delegated pow
ers In an unfriendly way. Vessels have been
seized without notice or warning, in violation of
the custom previously prevailing, and have bee
taken into the Colonial ports, their
VOYAGES broken up, and the vessels
condemned. There Is reason to believe
That this unfTiendy and vexatious
treatment was designed 10 bear harshly upan
the hardy fishermen OF the United States with
view to political effect upon this government.
The statutes Of the Dominion OF Canada assume
sui broader and more untenable jurisdiction
over the vessels of the United States. They au-
thorlze officers or persons to bring vessels hover
ing within three marine miles Of any of the coasts
BAYS, creeks or hai b0Ts OF Canada. into port 10
search the cargo, TO examine the master on
oath, touching the cargo and voyage, and TO
inhlct upon him heavy pecuniary penalty if
true answers are not given and if such YES
sci Is found preparing to fish " within
three marine miles of any such coasts
bays, creeks, or harbors, without a license,
or after the expiration of the period named i'm
the last license granted to il, they provide that
tDe vessel: with her tackle, etc, etc, shall be
forfeited. Ii is not known tina, any condemna-
ions have been made under this statute
should the authorities of Canada attempt to
enforce 1t, 1t will become my duty to take such
steps as may be necessary TO protect the rights
OF the citizens of the United States.
IL has been claimed by Her Majesty's ofhcers
that the fishing vessels OF the United States have
no night to enter the open ports Of the British
possessions in North America, except for the
purposes OF shelter and repairing damages. of
purchasing wood and obtaining water, that
they have no right to enter at the British Gus
tom houses, or 10 trade there exec 1T in the pur-
chase of wood and water, and that tn ev must
leave.
II Is not known that any seizure of n fishing
vessel. carrying the flag OF the United States has
been made under this claim. So far as the
claim Is founded ON an alleged construction OF
the cOlil entlon of 1918. it cannot be acguiesced
IN by the United States. 1T is hoped that il
will not be insisted on by Her Maiesty's govern
ment.
During the conferences which preceded the
negotiations of the convention of 1918, the Brit
lsh Commissioners proposed to expressly ex-
clnde the fishermen OF the United States from
" the privilege OF carrying on trade with az v of
His Britannia Msjesty's subjects residing with
In the limits assigned for their use and also
mat II should not be lawful for the vessels OF
the L nited States, engaged In said fishery to
have on board any goods, wares, or merchandise
Whatever except such as maybe necessaryfor the
prcsecution OF their ages to and from the
United States which shall contravene this regu-
latlon may be seized, condemned, and contis-
Gated, W it'll her cargo
This proposition, which is identical with the
construction now put the language of the con-
yentioD, was emphatically rejected by the
American Commissioners. and thereupon was
abandoned by the British Pleuipotentiaries
and Article 1, as it stands in the convention
was substituted.
IT. however, it be said that this claim ia
founded on provincial or colonial statutes, and
not upon the convention, this Government can.
rot but regard them as unfriendly, and in con-
travention of the spirit, IL not OF the letter of
the Treaty, for the faithful execution OF
which the imperial government is alone
Anticipating that an attempt may possibly be
made by the Canadian authorities, in the COM
ing seasOn, to repeat their unneigh borly acts
towards our fishermen, L recommend You to
confer upon the Executive the power to suspend
by proclamation the operation OF the laws au-
tboriZiDg The transit of goods, wares, and mer-
chandise. in bond, across tie territory of the
United States to Canada. and further, should
such an extreme measure beet me necessary, to
rusItuu OI aDV whereby the
vessels Of the Dominion of Canada are permit
ted to enter the waters of the United States.
like unfriendy disposition has been mani
Tested on the part of Canada, in the manten-
ance OF claim OF right to exclude the citizens
of the United States from the navigation OF the
ST. Lawrence. This river constitutes a natural
outlet TO the ocean for eight States, with an
aggregate population of about II ,6O0,0 900 inhab-
tants, and with An aggregate tonnage OF COL 367
tons upon the waters which discharge
with il. The foreign commerce OF our ports on
these waters Is open to British competition and
The major part OF il is done in British bottoms
III the American seamen be excluded from the
natural avenue to the ocean, the monopoly OF
dit direct commerce of the Lake ports with the
Atlantic would be III foreign hands; their YES
ses on transatlantic voyages having access
10 our Lake ports, which would be denied to
American vessels on similar voyages To state
such a proposition is to refute its Justice.
During the administration OF MIR. John
Quincy Adams, MIR. Clay unanswerably demon
stated the natural right OF the citizens of the
United States TO the navigation OF this river,
claiming that the act or the Congress OF Vienna
in opening the Rhine and other rivers to all
nations. showed the judgment OF European
jurists and Statesmen that the inhabitants of a
country, throu gh which navigable river pass
es, have natural right to enjoy the navigation
of that river to and into the sea, even though
passing through the territories of another