The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-08


pending its discussion before the present High Com
mission, there does not appear to be much real i'm.
portancc In the questIon-certainly looking 10 the
probabilities OF the future destiny OF the territory OF
the North Pacific coast. But perhaps IN proportion
TO the absence OF merit in the question itself IS the
importance OF having 1t disposed OF. AS far back
as 1851 Lord Lyons declared that England did not
care how the question was arranged. AS Canada
is negotiating with British Columbia to
enter into the confederation known as the Dominion
Of Canada, there Is reason suppose that Sir John
A. Macdonald felt bound to make determined
eiior TO secure the Rosario channel construction
and the reerence5 10 arbitration, while 1t Is not
doubted that tile resttwrli be favorable to the claim
OF the Upited States, Will enable the British govern
ment 10 get rid OF the difficulty gracefully.
THE FISHERY QUESTION.
1t Is understood that the arrangement regarding
the fisheries reestabshes the following sections Of
the reciprocity treaty OF 1s54-
ARTICLE /. 1t is agreed by the high contracting
parties that IN addition to the liberty secured 10
the United States fishermen by the above men,
toned convention OF october 20, 1918. OF taking,
curing and drying fish on certain coasts OF the
British North American colonies therein defined,
the inhabitants Of the United States shall have, in
common with the subjects OF her Britanic Majesty
the liberty TO take fish OF every kind, except shell
fish. on the sea coasts and shores, ana IN the bays,
harbors and creeks OF Canada New Brunswick,
several islands thereunto adjacent, without being
restricted TO any distance from the shore, with per-
mission to land upon the coasts and shores OF those
colonies and the islands thereof and also upon the
Magdalen Islands, for the purpose OF drying their
nets and curing their fish: provided that, IN so
doing, they DO not interfere with the rights or pr
vale property or with British fishermen In the
pcaceabe use OF any part OF the said coast IN their
occupancy Tor the same purpose.
II Is understood that the above mentioned liberty
applies solely to the sea fishery, and that the salmon
and shad fisheries. ana all fisheries In rivers and
the mouths OF rivers are hereby reserved, G xclu-
svely, Tor British fishermen.
And 1t is further agreed, tfat In order to prevent
or settle any disputes as to the place TO which the
reservation OF exclusive right to British fishermen
contained In this article, and that OF fishermen Of
the United states, contained In the next succeeding
article, apply, each OF the high contracting parteS
on the application OF either to the other, SHALL
within SIX months thereafter, appoint commits
sioner. The said commissioners, before proceeding
to any business. shall make and subscribe q solemn
declaration that they will impartally and carefully
examine and decide, to the best Of their Judgment
and aCcor ling to justice and equity, without fear,
favor or affection to their own country, upon all
such places 3s are intended to be reserved AMI ex
this and the next succeeding article, and such de-
caration shall be entered on the record Of their
proceedings.
The commissioners shall name some third person
10 act AS an arbitrator or umpire In any case or
cases on which they may themselves differ In
opinion. II they should not be able TO agree upon
the name OF such third person they shall each name
person and 1t shah be determined by lot which OF
the two persons SO named shall be the arbitrator or
tween the commissioners. The person SO TO he
chosen to be arbitrator or umpire SHALL before pro-
cceding to act as such In any case, make and sub
scribe solemn declaration In form similar to that
which shall already have been made and subscribed
by the commissioners, which shall be entered the
record OF their proceedings. In the event OF the
death, absence or ncapaclty Of either Of the c0m-
inssiOfers, or OF Inc arbitrator or UMPIRE or Of
their or ms emitting. declining or ceasng to act as
such commissioner, arbitrator or umpire, another
and different person shall be appointed named
aforesaid to act such commissioner arbitrator or
umpire In the place and Stead OF the person 50
Snail make aud subscribe such declaration as
aforesaid.
Such commissioners shall proceed to examine the
coas's Of the North American provinces and OF the
United States embraced within the provisions OF
the first and second articles OF tins treaty and shall
designate tho places reserved by tie said articles
from the common right OF fishing therein.
The decision Of the commissioners and Of the ar.
blratOr or umpire shall be given IN writing IN each
case, and shall be signed by them respectively.
The high contracting parties hereby sOlemnly en-.
gage to consider the decision OF the commissioners
conformity, or OF the arbitrator or UMPIRE as the
case may be- rs absolutely final and conclusive In
each case decided upon by them or him respec.
lively.
ARTICLE 2. It is agreed by the high contracting
parties that British subjects shall nave In common
with the citizens OF the United States the liberty TO
eastern sea coasts and shores Of tho United States
north OF the thirty-sxth parallel Of north latitude,
adjacent and in tho pays, harDors and creeks or the
said sea coasts and shores OF the United States and
Of the sad islands, without being restricted to any
islands Aforesaid for tho purpose q drying their
doing in they do not nerefe WITH the rights Of pr
waite property, or with the fishermen OF the United
States IN the peaceabe use OF any part OF the said
coasts In their occupancy for the same purpose.
1t is understood that the above mentioned liberty
applies Solely to the sea fishery. and that salmon
and shad fisheries. ana all fisheries IN rivers ana
mouths OF rivers, are hereby reserved exclusively
for fishermen OF the United States.
1t will be seen that this gives the Canadians the
reciprocal right to the United States inshore fish
cries from the tnrty-ninth parallel, but excludes
shelsh on either side Certain reciprocal trade ar
rangements are also provided, as well as the pay.
ment to Canada of sum Of money IN bulk In lieu or
that enlarged reciprocity Of trade in fish, &C. pro-
vided in the treaty Of 1854. Fishery commissioners
are also 10 be established after the manner of the
reciprocity treaty. The Maine aud Massachusetts
Senators will undoubtedly agree to the payment OF
a sum OF money for the fsheries but It
is by no means clear that this arrangement
will commend itself to the minds OF other
Senators whose constituents have no interest
directly or otherwise in the fisheries. Under the
usage OF the Senate in amending treaties 1t is very
probable that the money consideration will be
stricken out; at least this s the impression now.
THE ST. LAWRENCE QUESTION.
The free navigation Of the St. Lawrence is secured
by provision that tho Canadian canals shall be
open TO American vessels BY paying the same tolls
that the Canadian vessels subject to- which are
very low. As the Canadian canals have always
been open to our citizens on these terms the effect
OF the provision will not be felt in any way. It is.
OF course the interest Of Canada to encourage the
use OF her canals by American vessels. They were
constructed as governmental works, and even with
the tolls collected on American vessels they have
not only not paid any interest on their cost OF con-
struction-about $4,000, ooobut they have not even
paid the expense of necessary repairs. The total
revenue canada received from her canals last year
from all sources was s3s7,556, and the expenses.
not including repairs, was 1929 The interest
on the cost OF construction, Without repairs at six
per cent, amounts to about seeo, 900 year. On the
Welland Canal nearly 100000 tons more Ameri.
can vessels pass through than there are Canadian.
To be OF substantial service In cheapening
reights between the West and Underwater, the
car will