The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-02-14
THE CANADIAN FISHERIES.

The account given in President Grants
message of The dispute with Canada about the
privileges of American fisherman undoubtedly
caused some uneasiness in this country. The
proceedings of the Dominion Legislature are
not much known here beyond the walls of the
Colonial Office, and it was feared that this
young community, in resentment at the re-
fusal of the Americans to continue recipro-
city of commercial intercourse, had been
adopting some measures not merely of doubt
full policy but of doubtful legality. The
documents which tell the story of all that has
been done have now been received from
Canada, and we are happy to say that, though
there may still be question of the wisdom of
some of these recent epactments, they strictly
conform to law and precedent
On the assumption that Canada and the
United States are dealing with one another at
ARM leRgth, the American case is of really
astonishing weakness; and the assertion of
respectable American newspapers that the
grievances of the fishermen are too plain for
argument can only be explained by the Ame-
rican habit of taking for granted that Ameri-
cans comdlalning of a British Government
are necessarily in the right. AS the latest
correspondence states the capture of several
more American fishing boats on the Canadian
coasts, it may be we'll to describe how it
comes that such captures are regarded by
Americans in any light different from the
capture of Yankee smuggler running cargo
of brandy on the west coast of Scotland.
The history of the American eudeavors to
obtain share of the rich fisheries belonging
to England and her colonies begins as early
as the treaty of 1888. The United States had
secured their independence, but had failed in
all their attempts on the territories hey ond
their present northern boundary, and peace
therefore had to be made with Canada and
the neighboring settlements still in the hands
of the British. In ceasiDg, however, to be
British subjects, the Americans showed great
reluctance to divest themselves of some of
the privileges which they had derived from
their allegiance to the Grown, and by obstl-
nate perseverance, they succeeded in getting 9
provision inserted in the treaty of peace
which gave them some limited rights of
taking fish on the coast Of Newfoundland and
in other British American waters and of
drying and curing their fish on the unsettled
shores of countries which were then for the
most part. desolate The article comforting
these privileges was extremely ambiguous,
but it was abrogated, under the well-known
rule ofkthe law of nations, by the outbreak
! of the war of 1872
The Treaty of Ghent followed: it contained
no stipulation about the fisheries, the British
Commissioners having declined to renew the
old privileges, except in return for the free
navigation of the Mississippi, which the Anne
ricans refused to grant. Both countries were
thus remitted to their international rights
but, as might be expected, American fisher
men were constantly trespassing on the waters
now forbidden to them, and long series OF
| remonstrances from both sides produced al
last the convention of 1918, which is still il
| force. The right which the Americans were
most eager to recover was the right TO take
fish on the coast of Newfoundland, and this
was conceded to them; but as regards the very
fishing grounds now in question the conven
| ton contains the following very distinct pro
visiop:-
''The United States hereby renounce for ever AM
liberty heretofore enjoyed or claimed by the nhabi
tanis thereof to take, dry, 1sh on or within
three marine miles OF any OF the coasts bays creeks
or harbors of his Britannia Majesty's dOmialons in
America not included within the aforementioned
| limits; provided, however, that the American fisher
men shall be permitted to enter such bays or harber
for the purpose OF shelter and OF repairing damages
! therein, OF purchasing wood, and OF obtaining
! water and for no other purpose whatever Bu
they shall be under such restrictions as may be ne
cessary to prevent their taking, drying or curing
FISH theTeD,or in any other manner whatever abusing
! the privileges hereby conceded to them"
President Grants remonstrance is new
! application of that most dangerous doctrine
of international benevolence which threatens
! to take away the whole value of international
law. In point of strict legality, he has abso-
| lutely no case whatever as is more thar
! shown by our extract from the Convention oi
| 1918, which itself merely declares the rule o.
! the general law of nations; but for want of
case in law, the President transfers his litiga
ton to q new and wholly irregular forum
Appeals to the friendly consideration of {
neighbor may be made, and ought to be en-
couraged; but the proper position of the par
ties is wholly inverted when, instead of re-
quest for friendliness, we have a complaint o.
unfriendliness. II American dplomatisti
begin q negotiation about the fisheries will
an admission that the Canadians are only
doing what they have right to do, we may
hereafter state the reasons which lead us tt
think that some concessions may be made.
i