The New York herald., 1871-02-20
be guecepttblS

Win perect honor TO the one side aud full satisac
uon 70 lhe otncr can scarcely be doubted II each
| parry approaches the work In u fair and friendly
| spirit.
The other questions between the United States and
Great Britain affect our relations with the British
coonial poss sessions on our northern frontier, now
| known rs tue 'Domnion by the name OF Canada"
the Province of Prince Edward Island, the Province
oi newfoundland and the Province OF British Colum-
pa, ahd may be generally classified under these
The coast and gulf fisheries OF the British North
American possessions.
The navigation OF The st. Lawrence ana the canals
The subject OF commercial intercourse, embracing
acoDsideration oI the bonding system anu the tra-
| sit trade.
The political relations OF the provinces and their
attitude toward the United States.
iIe clalns or Canada Tor alleged damages ana
expenses caused by Fenian raids IRON Tie ohileu
/ The northwestern boundary question, affecting
| the ownership OF the island OF san Juan.
/ Tile Alabama claims question.
1 10 properly Understand these questions III is ad-
visable that should be at least breny reviewed.
and the history OF the case examined. The public
viii tnus be enabled TO ascertain with some degree
OF exacttuie the gravity OF the SUBJECTS which WIN
occupy the attention OF the Joint High Commission.
| THE FISHERY QUESTION.
The question OF the fisheries the coasts OF the
! British possessions In North America has been
fruitful SUBJECT OF disagreement between the United
states ana Great Britain ever SINCE the peace of
1888, with the exception OF the period covered by
| the convention OF ls54-the Reciprocity Treaty. SO
calea-and the continuance OF the system or licens
ing American fishing vessels, adopted by Canada
after the aDrogation of that convention, but re.
Tne oyasts or TORIES 81 of Of Nova Now scona.those @ hose
adherents OF British rule who, opposing our revOu
their feelings by Violently Insisting that NO stipaa
tons or agreements whatever should be entered
into by which American fishermen should have
any privileges on their coasts, and the
fishery difficulties, which became chronic, until
1854 were mainly due to the active hostility and
pressure OF that province ana Of New Brunswick.
In 1906 the inhabitants Of Plymouth and Barnstable
IN Massachusetts, engaged In fishing, memorlalized
tlcdi With those cOmUlatuel of They
that they were fired upon and brought by British
cruisers; that they were compelled to pay light
money II they passed through the Strait OF Canso;
that their men were imprisoned, and that II they
anchored in the colonial harbors they were com
PEELED 10 pay anchorage money On the ether hand
complaints were made by the coonists to the British
government OF the "aggressions'' Of fishermen.
| The war OF 1872 II was held, put an end TO the
| treaty OF 1853 and The stpulatlons regarding our
rights OF fishing IN British America The cOlonists
coionial fishing grounds on the return or
| peace. IL IL not necessary to enter at any
| length into the discussions ut this period.
The result however, was the negotiation OF the
Treaty Of London OF the 2otn October, 1878, and
der the provisions OF which treaty England claims
We possess the only rights we have III the fishing
grounds OF The coasts OF the provinces OF British North
America Under the operations OF this treaty and
the legislative acts OF Nova Scotia and New Bruins
wick tue difficult ties existing previous to its negotia-
tion, so far frem being abated gathered greater in
tensity and importance, aad III the interval up TO
1884 formed the subject or frequent complaint and
almost Incessant negotiation ana correspondence.
In ls4l MIR. Stevenson, our Minister near the Court
OF ST. James, was directed TO bring these complaints
TO the attention oil the British government. In the
course OF his letter 10 Lord Palmerston Mr. Steven
son lays down the spulatlons Of the Treaty of lSlS
and instances the recent seizure OF American vessels
for supposed violations ana recites the evils OF the
"heauland TO headlandh meaSureM ent OF the fishing
limits OF three marine miles from the shore the
refusal TO shelter American vessels in their ports
The seizure without due notlce ana the navigation
OF the Stats OF anso, which was forbidden TO our
ships were also censured:-
The undersigned has accordingly been bring
the wnoie subject under the consideration her Maesy
government to remonstrate against the Illegal
o. the United States engaged the snerss aad RE
quest that measures e forthwith adopted BY her Majes
the arising mis-
construction the part provincial authorities their
obgatons ana prevent the possibility Of the
currence OF similar acts
The law OF Nova Scotia, against which this letter
is directed has been substantially re.enacted by the
Dominion OF Canada, although, will be seen here
after the present law OF Canada Is even more obec.
tonabie nan the Nova Scotia statute, unjust that
| was shown 10 be.
Lord Palmersion submitted Mr.. Stevenson.s letter
| to Lord Falkland, Lieutenant Governor OF Nova
Scotia, in order ''to make immediate inquiries
the allegations contained in IT," Lord Falkland, in
reply sent certain questions which haa been passed
upon Mr.. Slevenson's letter, and requesting
that they. might be submitted to the law
fact recital ol the Nova scotia statutes as pre-
| sented by Mr.. stevenson On the 3Oth OF August
! following, these questions having In the meantime
been submitted TO the crown law officers oy Lord
Palmerston, the eminent gentlemen rendered an
9pnion" ov iny endorsing the
These "iaw officers OF the crown"-J. Dodson
ana Thomas Wilde, the one the Queens Advocate
and the other her MaJesty's Attorney Genera-ap-
pear TO have supposed they must make q Tor
their slde per jas et meas They accordingly
propounded, 'thaI the treaty OF 1888 was annuled
by the war OF 1slzn ana that the rights OF fishery
considered as defined by the convention ol lSlS;n
and they then go OH 10 declare:-
Except within certain defined limits which the query
Of the American citizens from right
prescribed q be
measured from the headlands points
from the interior Of such bays or inIets OF the
part citizens enter the BAYS Of Nova sco.ia
there 10 take hsh although the nshns being within the bay
The bay as we are Of opHion that the term
land have before mentioned.
| The value Of tEis hign legal .'opinionr may be
judged By the fact that the term "heaGlandn
! splcuousy quoted by the crown lawyers nowhere
occurs IN the treaty IN question, and simply
terpoaton OF these funct.onaries, learned In the
iaw IL seems scarcely credtabie thai any respect
able counsel could nave been induced TO lend them.
selves 10 such singular work as 10 intcrIect words
into treaty, ana then gravely proceed TO base an
"opinonN upon Sucn simulated state OF facts.
/ Yet there Is the record, and upon 1t rests the
extraordinary pretenslon known as the ''headlandi
interpretation These oiiicers also, OF course, de-
c!ared that the Bay OF Fundy was bay within the
crmen were excluded from fishing within three
] miles OF Us mouth. Strong as were Lord Palmer
stons feelings OF antagonsn 10 the United States,
he appears 10 have resiated at giving publicity to
tnls opnion, iand the Lieutenant Governor or Nova
Scotia dd mol receive II ior fifteen months after lis
! date. The result III Nova Scotia the enforce
ment OF sill more offensive measures towards our
| fishermen.
A Ayessel-the Wash ngton-having been seized for
fishing III the Day Of Fundy, formed the subject Of
complaint addressed by Mr.. Everett, who had sue
ceeded Mr. stevenson as American Minister to Lord
| Aberdeen on the l6tl OF August lS43. Lord Abcf-
deen ustlned TINS seizure the ground that Bay
Of Fundy vas bay within the meaning OF the treaty
OF 1875, and tina, American fishermen were by that
| cony ention prohibited from fishing within three
marine miles OF any bay OF Nova SCOTIA &c. To
tins Ill. Everett replied at length, and as tne gene
raj questions as to our rights under the treaty
much disputed now AS tney were then. the rcpubli-
caUon OF some Of Mr. Everetts able arguments VIII
place The matter in dispute clearly before the pub
| lie. MIR. Everett wroe:-
With to the main questionable right American
vessels TO hsh within the acknowedsci linus OF the Bay
Fundy-H is necessary, for clear
case the Treaty OF 1888. treaty was
PROVIDED of the United soui lie al
lowed take sh every kind part OF
Newfoundland British fishermen sha (but cry
| that ialand. and n coz