New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-10

-iod 10 the British West indies. The RESTRICTIVE poi
CO.., Tins commenced long continued, ana nearly han
century elapsed before the veNed question Oh our com
erol relations with the dependencies OF Great Britain
was scttled
TuE rtsnERIEs rosTERED BY ooNGREss-THE TREATY OF
1878
Among the most important acts OF Congress between
~ odonton OF the Federal Constitution and the War OF
1919 were those granting bountes TO fishermen and other
wise fossiu, this most important industry. During the
war The distant fshing-grounds were abandoned and
whom the Commissioners met to make the treaty Of peace
this question the Nrs stumbngblcck and the last
obstacle its conclusion, for the British colOnss deter
mined that should never occupy them again, ana
announced that the had destroy cd all the rights We
held under Tie Treaty Of i7sS But the American Com
missioncs maintained that we held rights Of fishing
by the tenure did Independence and that
stipulation was necessary or desirable to secure ther
perpotuty moro than of the territory q the United
States itself. The position was impregnable and has
been answered though the negotiations resulted in
the Treaty Of 1913, which compromise OF the ad
verse views Of both nations The article Of thls Treaty
about which much debate has arisen and which is still
in force is follows;
W1ea pIrsc hye arisen respecting The liberty claimed H the
United SAFES Tor te nsaui thereof 70 take az ana cure n ou
costs bars hhors and creeks Of His BtanHc Msesiys 90
,i9i Dc n u he sd uSo States bs6 have reysf ii
thg q ls Butalnc Majesty, liberty take fsh Of
which
Ray Rausan Stands the western and northern
on shore Of @ M.Se slams PSi i also on III The Sosst bays
All ae ts Of Bsess and thence nOfiSwa1dy indefinitely
s % % sS1 B csS,. sGHe, nd e . any h American s f
eg.'a shall also have hbeIJ forever 70 az Fgh a spd
srsck Of osthor part NVOoOand hersaSOye Dc
a1 r es as'T n6 Si Be- SO iSSR foi he
iodrr o. car hh at rca portion 50 settled without p To Of the
eoy claimed the ahagilnis hsreof 70 Ahs afs 81 cure SI
D. on or r 4 e name 5n 81 any in ASers not iseuded
within tAe oscd limits Proviel hoSveI tas ,n e
SgsI ~ ,rSS SOnsres therein purchasing wood and Of
obtaining va'I aaj for % G,Tr sp TO rreyeS. her saEns dry
ss or s M fs ern other manner whatever abusing the
Mr. Lorenzo Sabine, who, in 1852, wrote history OF
American fisheries points out two distinguishing features
OF this article; first that gave up catching along and
within three miles OF certain shores; and secondly mat
our facilities for drying aud curing were increased Inc
practical construction Of both Governments was for q
long time that vessels could fish everywhere, as
under the treaty 1885, Except within three miles OF GER
tain coasts named All Of the controversies OF the past
90 years have grown ont Of the ambiguous passages Oh
this article Tho British authorities showed no more dis
position 20 interpret this treaty literally than they mad
that Of 7 On the 18th Of June 1872 Parliament passed
An act TO enable his Majesty To make regulations with
respect 10 the taking and curing Of fish certain parts
OF the coasts Of Newfoundland" &C. which il has since
been asserted contains the construction Of the Conven
ton which the Canadians claim excludes us from the
great bays American lawyers have, however, never
found any such assertion in It, For four years after the
ratification OF the treaty fishermen were not
molcsted the British slpsofwar Argus and
Sparrow Hawk appeared the banks and boarded and
interfcred with OF fishermen and broke up the
VOYAGES Of others The next year Capt HOare OF the
British brig DOttere seized nine vessels, one OF which
was reacn by her crew, while two others we're rescued
by their crews assisted by armed party from East
port In 1926 the Dotterel again on the fishing
grounds but the presence Of the u S. soopofwar Leg
fngtoa prevented any serious disturbance Some cor
respondence between the two nations during this year.
while did rot settle resulted in temporary COM
promise and ten years OF quiet succeeded
NOVA SCOTIA REoPENs THB WAR
In March 1885, an act passed by Nova Scotia which
has always been considered of extreme and in some OF
its provisions OF inexcusabe severity 1t declared Tor
instance any foreign vessel preparing to fish within
three miles Of the coast OF any of Her Maestys dOmin
ions America should together with the cargo befor
feed that in al cases Of seizure the owner or claimant
Of the vessel &c. should be required TO prOre his i"no-
oenee or pGy treble costs that he should be forced to try
his action within three months and give at least one
months notice the Selling officer, containing every
thing TO proved against him. before any suit could be
instituted and also prove that the notice had been
given The Selling officer, moreover, was almost
wholly irresponsible, inasmuch he was liable
20 no prosecution, II the judge certified
that there was probable for the sezre and the
plaintiff successful in his suit, was only 10 be entitled
10 tr0pcnce damages without COSTS and the defendant
fined not than shilling 1t was also asserted
that the Gut Of Csnso narrow strip Of water COM
petely within and dividing several counties OF the
proyince and that the of by the vessels and c
zens Of the United states in violation Of the Treaty
OF 1878 The use OF this channel by American vessels
bound 20 the Gulf OF st. Lawrence made the voyage
about $50 miles shorter TIE authorities of Nova Scotia
also assumed right exclude the vessels OF the United
States from all their bays feven those OF Fundy and
Chaleur and TO prohibit their approach within three
mies OF line drawn from heddIand 10 heddlqnd instead
Of from NE iadents Of he shores Of tie Prorinces'
In 1859 the seizures and tic fishermen
rfsfpfb afrp uvT1l nnfc
In Juy that year gentleman representing one OF the
frontier ports Of Maine wrote TO Washington that four or
five hundred American fishing vessels were then in that
bay that tie complaints of hecoonts of the island Of
Grand Menan had caused the commanders Of the British
cruisers 10 refuse shelter TO flag even In stormy
weather that nearly Of vessels which had been
driven positions secured TO them by the treaty. had
fed for refuge single harbor the American side OF
the line and that fishermen generally armed
and would not bear the indignites to which they were
exposed. He added that they could furnish at short
notice some thousands Of fearless men as can be
found anywhere and that unless Government send
su armed vessel without delay you viii shortly hear OF
bOOdshcd." During the year right 10 fish on
tho shores Of the Macdaene Islands disputed not
wthstanding tie explicit declarations OF the treaty
AMERICAN ANSWERS TO TIE CLAIMS OF NOVA SCOTIA.
In 1910 the Assembly of Nova Scotia passed another
address 10 the Queen complaining Of the encrOachments
Of American fishermen, and in the following year the
subec was first brought TO the attention OF Minis
ter He made complete statement OF the case TO Lord
Pamerston who ncosed copy of the dispatch to the
Lieutenant oycrnor Of Nova Scotia. The latter re-
turned it with cease" composed Of seven questions
relating to the rights Of American citizens and British
subjects 70 the fishing grounds and request that they
be submitted 10 the law officers OF the Crown. These
latter gentlemen replied TO the questions as follows
Their report valuable showing the BRUSH SIDE OF
the controversy in 1871: