The New York herald., 1871-01-03


tish subjects after nghng get rid Of the liabilities
Of British subJects- An arrangement was made In
l!ss, by treaty BY which certain limited night was
Is not necessary to 90 further thar because the
war OF 1872 destroyed that arrangement according
treaties This question Of the " fisheries xas sus nos
settled a the time OF tho peace which followed that
war but a. fingered on into the year 1873 when as
have said. the treaty was made on which the " hole
question now stands. The brief effect OF that treaty
was this:-The American fishermen were placed, as
footing as British subjects upon a portion or the
Newfoundland coast on the shores OF the
s the PREV wsrs ssr gv.n ns
also the right 10 dry and sure fish on ali the un.
settled parts OF the Newfoundland and Labrador
coasts as TO which they were given the fishing
rights When and where these coasts should be
settled they were 10 use them only after agre ment
shore fishing and shore curing to Americans by that
treaty, rights TO certain speced parts OF British
nu Dy nss 1rea TO quote It's words the
heretofore enjoyed or claimed by the Inhabitants
thereofto take, dry or cure fish in or within three
harbors OF hts Britannia Maiesty's domnons In
America not within the above mentioned limits"
'the American fishermen shall be admitted 10
enter such bays or harbors for the purpose
OF shelter . ana Of repairing damages therein
purpose whatever You win see. sir that the OBJ
Ject OF this last prohibition was 10 prevent fishing
vessels acting as trading vessels. which was quite
inadmisslble, Tor Two reasons--that such confusion
of character would prevent the due enforcement
alike OF the British coastal revenue system and OF
the proper exclusion OF American fishermen from
the OF British waters to which they had right;
or, 10 put u more clearly, would enable American
vessels under color OF nshtDg to fisn where they
had no right and to smuggle besides. Well, sir, to
enforce the provisions OF this treaty various acts
were passed by the imperial and local legislatures,
the terms OF which are 1mnaterial. And during the
whole period from 1917 to 1854 1t was the practice
ina beSond their nroner legal limlis or M dong aess
beyond the legal right OF fishing vessels. All this
legislation and all this action under it directed
10 The single end or maintaining our fishery pro.
perty and keeping up the rule OF the treaty OF Isl8
that American ushng vessels should be fishlng
sells SO to speak pure and simple without any general
trading character Whatever, and have pointed ouG
TO you Sir, how absolutely necessary II was 10 our
ness. This practice and msde OF enforcing the
treaty was carried on without any complaint OF right
all the time from 1878 to 1854 the date OF the Re-
cprocity treaty. say complaint VI right SIR because
1t would happen now and then that the American
government would raise as to particular vessels
seized the question whether they were as a TACT
dong wrong; but our rights were never disputed
peculiar emphasis that through all this period up
10 the Reciprocity treaty OF 1854 seizures were
invariably made without any notice whatever to
onendlng vessels. And say this, sir because the
President IN his message lnsinuates that we seize
now without notice, contrary to ancient practice.
HERALD CoMMIssIoNER-Touchin the question OF
the headlands sir. IN this stage OF the affair." before
DoMINIoN SrATEsMAN-That question was only
raised short time before the Reciprocity treaty by
the United States. You viii observe, sir, that by the
language OF the treaty OF 1878 The United States
nounced Ill rights Of fishing access, not merely
within three marine miles OF the British alone
conceived and still conceive that under that renun-
ciation our exclusive line was determined by line
British coasts. and tnat American fishermen were
not at liberty 10 approach for fish within three miles
Of such a, line. we have the decisive authority Of
right one. Under dae OF 9Th july 1852 the gre Amer
lean statesman complains tnat thus large concession
was made In 1918 to England Of drawing line from
headland TO headand; but he does not venture TO
question that it was made-oomplains, on the con-
trary, that IT was made. However, shortly before
government began to complain sr this large meas
ure Of exclusion as regards such bodies OF water
the BAYS OF Fundy aud Chaeurs. and other large
indentatiOns OF the British America coast. Now,
sir, wish at this stage OF our statements to draw
your especial attention 10 this point because bears
with sucn force on the question OF friendlness
Since the abrogation OF TIE Reciprocity treaty in
conceive our rights to De lndisputable we have re-
nounced their enforcement In practice. We now IN
practice limit the exclusion OF American fishermen
10 three miles from the actual coast line only, al ow
ing them free fishing within all BAYS and harbors up
to the three mile limit. Here is point great
portance TO American fishermen III which We have
quietly tor the sake OF good neghborhood and KIND
feeling, practically given up our rights under the
HERALD CoMAIssroNER-Oblige me by continuing
the history of the quest on.
DoMnIoE STATEsMAN-we, sir, the next stage In
this evenu history was the period OF the Reclpro-
City treaty. During the twelve years that the Ameri.
can government allowed t2at treaty TO be In force
Gil these questions were in abeyance Tor by its pro-
visions American fishermen were placed on precisely
the same footing as British fishermen; they could
nsh wherever tney liked all over tle shores OF Brit
fsh North America. We are az loss to conceive on
grounds OF craftsmanship why that treaty was ever
denounced and repeated by the American govern
ment. Canada got nothing under 1t at all eluIva-
lent TO the unlimited ifs ling right OF the citizens OF
the Unted States. Indeed, that may be said 10 have
been very plum OF the pudding in the Reciprocity
treaty, and II the Americans had Kept 1t in their own
hands all the questions now raised would have
HERALD CoMMTssIoNER-Then the stage OF the
affair after the repeal OF the Reciprocity treaty Is
new one altogether9
that conduct regards the fisheries since that
date lar from being chargeable with unfrlendli.
ness has been conspicuousy indulgent, neghborly
and friendly TO the United States. Indeed, we 20
the length OF saying that we have done everything
except give up the property IN our coast line sne-
ries altogether to American people, Nay, SIR we
have even gone within an ace Of even doing that
altogether; for we have been willing ana have at
tempted 10 give them the right OF the tnshore fishing
on the payment OF almost nominal License fee.
the American fishermen paid 1t at nrst, but after
wards declined, and lett recourse but the en-
forcement OF our rights.
HERALD CoMMIssIoNER-Oblige me and state the
course OF these transactions since the repeal OF the
Reciprocity treaty.
DOMINION STATEsMAN-with pleasure You will
observe that from The moment when that treaty was
Knocked in the head we were rcmitted to the exact
position we held under the Treaty or 1873 The
British government desired that should treat the
hoNcNtI, SplElt Vi ConClIlduou, ana we
have more than responded to that desire; VIC have,
indeed acted in the spirit Of sef.sacrifce. In the
first place, as have already intimated, we have
practically given up the headland point altogether,
In spite OF case which we consider unassaable IN
point Of law, and which we used before 1854 to en-.
force by repeated seizures and condemnatons OF
American vessels. We now allow them to FISH any
where up to the three mile limit OF the actual shore
line. But even as to these limits we were anxious
on every ground to avoid complications and have
the best relations with the Americans, and TO this
end we were willing virtually to share the fisheries
with them. All that we asked was that
American fishing vessels should pay q nominal
where, and we rxed THIS at so low rate that 1t
really amounted 10 no more than a sort OF pepper
corn rental acknowledgment OF right Here Is the
statement OF the operations OF the system:-Ih
1850 there were 34 licenses; In 1857 there were 2S1
licenses; in lS6S there were ntysix icenses In 1869
there were twenty-five licenses. Now, sir, you viii
readily see on simple view OF this table how
numerous were the cases OF trespass without
license during this period. But during the whole of
these four seasons not q single American vessel was
detained. During this period also we INDUCED
American fishermen with repeated warnings and it