The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-23
General Buffers Letter.

LOWELL, Mass, May II, 1871.
General A. AMEs, United States Senate;-
NY DEAR Sm-I have examined with some ali.
Cenoe AMI with an earnest desire to find reasons
for assent its several provisions. the treaty be-
tween Great Britain and the United States pending
for ratification by the Senate, and will, with your
leave give such suggestions as have occurred to me
as TO its operation and The equities OF the conccs.
slous and reparations therein each to the other OF
the Two governments
You viii pardon mo for considering first that
which IS OF local and special interest to my State
and constituents, as 1t appears by the protocol to
have been considered wholly distinct ana in
dependent subject Of negotation:-
THE FISHERIES.
The shores and bays row claimed by Great Britain
were taken 10y the colonies OF New England from
France by the capture OF Loulsburg fortress raised
at very great cost by the French King 10 protect
what was deemed by MIN most valuable posses.
sons. And If any right be acquired by conquest,
tic fisheries were the exclusive property OF the
nassachusetts Bay coloaies-the only purely Eng
lish setement-Great Britain now Claiming ON the
Eastern coast what were then trench'coonieS.
IN the formation OF the treaty OF peace in 1888 these
fisheries the subject OF spirited and protracted
negotiation and the elder ADAMS held the colonial
rights IN them OF such inonlent That he DC
cuged tnat he would ''rather continue the
wal Of the Revolution than yield Of them
Qua lola. = These rights were held not TO
mentioned in inc ireatr but remained III stat,a quo
nhte Oeggia, and were enjoyed by US until 1878,
when by the treaty OF the Goth OF October, IL was
agreed that the Americans should reInauish ther
rights OF fishery within the threc-ine line the
marine league OF International law the shores OF
the Provinces In consideration Of The right 10 fish
the shores OF Newfoundland the Magdalen Islands
ana Labrador, aud TO land thereon TO cure fish. To
this privilege the United states had no prior clam;
ana as al ina, time the only fisheries which
were anected by the treaty were substantially me
Goldfish HE contracting parties mad IN mind ami
negotiated about no other. The Goldfish were not
taken 10 any extent Within The tnree-mue linz, and
Tie capture OF that fish being largely upon the banks
81 Newfoundland ami the coast OF Laorador the
right TO land and cure the sl there was deemed Of
fishery ana jurisdiction OF Great Britain ana nor
former coloaieS within the three-mile line. 1nus ii
viii DC seen that by the treaty Of 1915 we ceded 10
Engaud all that she now gives 10 ia OF the right 10
FISH within the tnree-mile INC, IN exchange for the
Simple privilege OF landing and curln. our Goldfish
ISLANDS ard Labrador. The mackere mad mol thea
been taken Tor commercial purposes On the BrstIsh
shores were they unlil 1875, nor 70 any eAteat
til lS.7, some Rine years afterwards
| have grouped together these facts, which, in
deed, are very iamiiar 10 you n oict thai The ex
sct extent OF nc subject on which The two coan
tries arc now treating may be KEPT n mnd Ne
have ever claimed amy right to take FISH III the
rivers, a. he salmon shad ana herring. or she'll
fish upon TIE saolcs Of the provinces, so that the
only sUhiees when j. touched by the provisions Of
the lfeHty which Is cedeI 10y Great Britain IL the
righ 10 take mGckeTel within the three-me line or
lhe provinces. Or, IN other words, all that Great
Byi,ain Yields TO US y her night 70 the machee
pt ncr shore-a matter which has accrued
10 her In TACT snce the ratification OF any treaty
save The reciprocity treaty OF ls54 when has been
aDrogatrd. therefore as the subject IA dispute
not considered when the treaty OF ISIS ic.
II nov Great Britain claims that II il alecied by
lhai treaty IT would seem 10 be our right 70 declare
that treaty abro9ated 50 lar AT least uncon-
Scored matter goes, as not within It's provisions.
In SO aoins we should follow pu5 well known diplo
matte prccedeuts and specially the example of
Russia, which has within year declared she would
no, be bound by the treaty OF 1856 regard her
use Of the Black Sea, because the circumstances
Affecting II had changed since tie treaty, and
Engiard has acquiesced In tAal abrogaiion 10y
RtsSm.
Geal Britain now proposes to concele 10 us the
rish 10 hsh within tue tree-miie line, with further
PERMISSION 10 land upol the snore for the purpose
Ul drying nets and curing nsh, provided tllat in
dong We 10 not Interfere with the rights OF private
The privilege OF using the shore IL one OF certain
~ moi Nery considerable vaue, II Tor no other rea
ron because y Wond De dilhcuit 10 hna many +
honS o nose shores which are not private proper
81 and Fhcre exercising. the privilege Of hauling
Tue SENT or landing Il ami driving II would not ue
IN interference with the proprietary rights.
Now cut OF the 10000 barrels OF mackerel canght
between cape May, OF The tairty-n parallel, and
the northern extent Of their limit by our fishermen.
onS $1,000 barrels were last year taken easf or
The oia'a OF Maine, IN all waters British other.
annoyance winch orr fishermen suffered, and from
other special causes that catch smaller man
usaaL rot u may be safely put at an average not
lIech Ngceedin9 thirty thousand barrels. During
the iec rocity Treaty and since It's abrogaton, when
nSnng audcr fd British license our fishermen took
tie III eemile line. so that tho amount OF conccs.
son ~ ne present treaty to us Is the right OF Great
britain "a 5000 barrels OF nlacGcrel when swimming
IN the sea within three miles oil her shores.
Now a. hsliing - only about Fifteen per cent
business, or, IN other words as eghty-nve per cent
OF the VaLe OF the fish taken CONSISTS In the use OF
capal employed, labor expended in taking, curing,
packing and preparing Tor market II Will be seen
now IrcOnsiderabie Is the right actually attempted
10 be coded 10 US by tue present treaty It's extent
i, IN facl, wnen reduced To a money value, from
5000 10 e. 900 annually only.
M nf
Tie Nova Scotlans themselves, NAV be reached
IA another form. Alter the termination OF
Scotia granted full license TO our fishermen to fish
within the three mile line at the rate OF 1ity
adal,ion-what the present treaty onits TO provide
for-iu rights OF shelter purchase OF bait aud pro-
visions II the bays ana harbors OF the provinces. AS
there wcio about fourteen thousand tons employed IN
,aose Fisheries, II Will DC seen that the money value
tet oy The provinces upon this right came to seven
thousand dollars only. subsequently, however, the
provinces, determined 10 force reciprocity treaty
uron ire United States, raised Their licenses first 10
Que dollar, then TO two and half and subsequently
10 i've dollars per ton These latter sums being so
high a. 70 be prohihtory our fishermen have de-
clined ~ pay. ft09 10 .
Reckoning, therefore, the money value in hoth
forms, II may safely be stated 10 be IN the close
vicinity q $1,000 per year. see II stated In what
puIporis TO he protocol 10 the treaty that tile
American Commissioners opened the negotiations
win on offer TO pay 100000 IN god for mis- rIent,
OF 100000 annually FOR al Time for right which
Nova scotia offered 10 sell aud did sell Tor 81, 900
year. Where our Commissioners got their eXt.aor-
binary valuation II Is dncult 10 conjecture. IL f.
not wonderful that the English commissioners
thought they had something too valuable 10 dispose
Of whea Yankees would offer $1,000 900 Tor the right
20 oegia With. Az the Engshmen had Interior
objects TO be gained they would put no money value
upon the fisheries, as they intended 10 force open
our ports by their means
I'm order TO judge clearly OF The pecunlary value in
TACT 81 The right thus claimed by Great Britain 10
herei aQd colonies, observe what ~ has cost her
snd she Dolanion OF Canada 10 guard the three
nile inc during the past year. By the reports
MADE 70 tho Canadian Parliament IL would appear
that u cost something over 100000 for the expenses
Of the revenue vessels employed In the guarding OF
TN, iile and seillng our vessels.
The Briu.h government had an equal number or
4 uns aud men employed In the same service IL IL
aif 10 presume az ABOUT the same cost so that u
cost ssc0, OO0 20 guard the right OF the value OF
S., 900 per annum, which amOunl Will be saved by
the ratincation o. the treaty 10 The imperial govern
meut ana IT. adjunct.
We arc, frst W tie provisions OF the treaty In ex.
change u permit, FOR this 5000, all British Usher.
men 10 nsh IN all our waters luf all xmas OF nsh
lcKeept shell ash and river hsn. aud ~ laud on