New-York tribune., 1871-01-12

The landing OF liSb IN Donu was pioi''"'
and tho sirictest possible Interpretation was
placed upon the words OF the treaty permit
ting our vessels TO enter Tic Doin'iiio"
norris for wood, water, shelter, OF iepa'o,
Food was never to be sold Da'e anu
all other fishing supplies were reiuSeu'
md so was ice, without which IIc9h
f.h cauld not be carried to market. iishinS
vessel entering a British port was forced 10
nut TO see again in "a hours, even under cir
c,Imstances of cruel hardship. These rules
also were enforced in the most sudden and in
opportune manner to the ruin of many un-
suspectng fishermen. For most of them the
letter of the treaty indeed, unmodilied by the
Interpretation of half a century's usage, affords
q coorable pretext. For others there Is hardly
the least sanction Of apparent legality. amer
lean vessels may be seized on the mere suspl-
cion of British official that they have been
fishing or intending" or preparing" 10 hsh
in British waters, and il the legality or the
seizure ls questioned, the burden OF proving
illegality is thrown upon the owner or CLAIM
ant. This involves, of course, the grossest
violation of fundamental principle OF law.
The seizure of the Granada seems to have
been violation of this principle, but BESIDES
that it was double violation OF the hsnery
regulations az interpreted by the BRUSH Ihehi-
selves, for she had gone into Nova ocota
port under stress Of weather, ana was seizeu
two or three hours after her arrival. ohe was
entitled to the hospitality of the harbor for "a
hours at any rate, and even for longer
period in case she needed shelter.
10 appreciate the significance of the ACTON
Of the Canadians, we must bear in mind that
the waters in which we take our hsh arc 'he
| waters of the deep sea, free to all tho woilu'
and tbc case is lust rs if some foreign power
sbouId suddenly close its harbors against all
American vbalers, forbid them to land or sell
q barrel of oil. or buy a dollars worth OF
stores. or anchor for more than single day IN
any Of their ports, and do this for the single
and avowed purpose Of breaking UP the Amer
lean whaling business. We must bear in mind
also that the use Of Canadian ports, under the
ordinary commercial restrictions applicable to
other Industries, is necessary for certain
branches of the fisheries, such as the trade In
fresh fish caught at great distance from our
own shores, and needing to be transported In
ice and that no other civilized country III the
world refuses us the ordinary facilities OF
trade.
Tho illegal seizures which will inevitably
take place. and probably have taken place
already under this Japanese policy of exclu-
sion, can perhaps be avenged in the courts OF
law; but for the possibly legal wrong done by
these hostile regulations another remedy must
be found. The President has suggested two
| measures which would doubtless prove sufficient
to correct the evil. The Canadians are now
enjoying from us the same privileges which
they refuse to grant. Their merchandise is
! imported in bond into the United States and
carried across our territory. During the VIM
| tor the commerce of Montreal is con-
Quoted through our seaports. We have
| the power to refuse hospitality to
their ships, and to charge duties upon
every bale and box of goods which enters
New-York, or Boston, or Portland, on its way
to Canadian importers. These are serious
measures, not to be adopted until remon-
| STRANGE has been exhausted. They would re-
suit in hardship to some of our own citizens ;
but others would find profit in them. while
to the Canadians they would be ruin. Retail
alton between neighboring nations is always
to be deprecated, but it may become necessary,
and it will in this case unless the new fishery
regulations are modified in many important
| particulars.