The New York herald., 1871-04-24
The American Interpretation Of the Fish
ing Treaty Of 1918 ably Sustained by
Colonial Judges and Lawyers
in the Cases Of the White
Fawn and Nickerson.
he Whole Thing in a Nutshell from the
American Consul at Halifax.
Some Plain Facts for the People Of the
United States and Great Britain and
the Joint High Commission.
Conmdrum-Wha Do the Canadian fisheries
Amount Tot Answer, Nothing


HALIFAX, N, s., April 10, 1871.
Those everlasting fishing complications again re-
guire the attention and investigation OF HERALD
commissioner. They are now as much a subject Of
discussion ever, and promise to furnish fruitful
theme for international discorl unit! the assembled
wisdom Of nations at Washington shall have done
something In the direction OF permanent ad ust-
nent There are great many generally unknown
tacts bearing upon these troubles which are this
time OF the very highest Importance and interest,
and II the JOINT High Commissioners will only profit
by the investigations ana report OF the NEW YORK
HERALD commissioners they will be greatly aided in
coming TO on early and just SCI stlement Of hat has
20 l0ng been vexed and intricate question. At no
point In the British provinces have the ollles OF
these popularly termed "asning troubles'' been
more fully Illustrated than here In Halifax. Yes.
eels innumerable have been seized along
me Nova Scotia coast for alleged infrac.
lions OF the laws and the cases
have been passed upon by the Admiralty Court in
this city. Some the lures, as legal investlga-
tons subseqs> - demonstrated, were made upon
the most siily aud ridiculous grounds, and nearly
nh were the result OF disputed Interpretation OF
the treaty OF 1918 and the imperial and provincial
laws based upon It,
THE PEOPLE INDIGNANT AT THE WAR UPON AMERI-
Before entering ellbo-ately into the discussion Of
enc complications tribute should be paid TO the
citizens Of these maritime provinces for taeir uni
form and utter disapproval OF the relentless war
which was made upon our fishermen some months
ago by their own government. During the past
fortnight have cohversed freely with cilizens Of
b0th the Nova Scotia and New Brunswick provinces
upon the sub ect and the general sentiment has
been one OF indignant dlsappre baiIon. The forbid
ding OF the Americans To enter their ports to pur-
chase supplies, Dait, fuel, &c, took thousands and
thousands Of dollars out of the pockets Of the
traders and 1t Is no exaggeration to say that
In some of the smaller ports which had been here
soiore frequented by industrious tars. not few
dealers were absolutely compelled to suspend busi-
ness Tor want OF pat .onage. or course such state
Of AFFAIRS, resulting from tie rigid interference OF
the dominion government, caused genuine 2rum-
bling among the traders, a5 well as among the
abused fishermen themselves, and when our gov
eminent manifested nervousness, and the restric-
tons were afterwards removed. the prospects OF a
assumption OF prosperity among the colonial dealers
was very gratifying. When, however, the order
preventing the fishermen from entering British
ports for supplies rescinded the season had
ended, and the trddesmen VIII have to walt o few
more months now before they can begin to gather
In the greenpackS BY that tIme In all
probability, the whole fishery conurdrUm
viii have been solved, and the good
Old times OF mutual friendship and prosperity
win nave been restored. Thus 1t will be seen, the
disturbing question once disposed or improved
srade relations between the United States and the
provinces must necessarily follow. Coal, espc-
cialy-the great staple OF Nova scotia will tnen
unquestionabiy be admitted free, upon nero
nominal duty, into the great markets OF the Union,
while beneficial reductions will doubtless take
v,lo In fhe dufic nfh M ia
~ q consequence Of the restoration Of the era OF
good feeling between England and America. Then
the British North American provinces-so full OF
natural resources-wil, In their extended trade and
Increased prosperity, derive important and perma-
ncnt benefts from the pacific solution OF the fishery
complications.
THE FISHING TREATY OF 1918.
difference In the Interpretation Of the treaty OF
ISIS, and the various imperial and colonial laws
based upon II, has been tho cause or most
OF the fishery troubles The politicians con-
oTued IL that 1t operated very harshly
upon American fishermen, ana In their Ell.
f0rocment OF their vessels we're seized as
II they had been pirates preyng upon the British
commerce. The Interpretation OF the treaty ana
the statutes by tho aggrandiling politicians
manfcstly absurd that they themselves are now
ASHAMED OF what they then maintained. Even
xher own courts and aDlest lawyers were arrayed
against them, and united In the American interpre-
xaLion o. the treaty.
JUDGE HAzEs, OF NEW BRUNSWICK,
q jurist OF conceded ability and experience, In his
decision OF the case Of the White Fawn or Glou.
cestcr seized for preparing to fish, rejected so
truly the meaning OF the treaty and the
laws based upon IL that l append an
abstract Of his ruling lie said:-Captan
Belts. fishing officer IN command OF the
Water Lily vessel in the service OF the Dominion.
states that the 25tn OF November he was lying
with his vessel at Head Harbor. Several other vcs.
scls, and among them the White Fawn, were lying
an the narbor and that he went on board the White
Fawn. He states number OF particulars respect
ing the vessel from her papers, and adds that she
had arrived ut Head HarDor OH the a4tn Of N0vem-
per- ana mad been engaged there la purchasing fresh
herring TO be used rs bait IN rnll fsnng: that there
were on board about 6,oOO herring, which had been
obtained and taken on board at Head uarDor; also
fifteen tons Ol ice and all the materials ana appli-
Ances for trull fishing, ana that the master admitted
to him that the herring had been obtained AZ Head
Harbor by him Tor the purpose o being use, bait
for nsIing. There are, then, some remarks OF the
master being deceived as to the iact OF a
cutter beng In the neiahDorhood, which,
however. are not material and the de-
had been employed Mt Head naroor to catch herring
for HIM; tnat he seized the schooner on the 10Th ana
arrived with her the same evening ut st. John, and
Delivered her on the next day 10 the Collector OF the
Customs. No treason is gwen Tor the delay which has
taken place IN proceeding against the vessel wnicn
violation OF the terms OF tre convention and the
Jaws OF canada. Her voyage was broken up and
ler men dispersed at the time OF the SEIZURE by
tne imperial statute IL is declared II any ioreign
vessel 'shall be found shiDg To have been fishing,
or preparing TO ilsh within such distance Ulrce
marune nilesl or the coast, such vessel and cargo
ehall be forfeited" The Dominion statutes, MS
amended enact that if such foreign vessel lound
lishnx or preparing 10 fish, or to have been nshng
IN Britlah walters, within three marine miles Of the
coast SUCH vessel tne tackle. &c, aud cargo, shall
De f0r1elted. The White Frwn was foreign
weasel IN British waters; IN fact within one OF the
counties OF tnis province, where she was seized IG
Ia not Allie ed mat she Is subject forfeiture for
having entered Head Harbor for other purposes
bhan shelter or obtaining wood and water
Nor Il 1t alleged that she committed any inflacon OF
the Customs or Revenue laws. IL not stated that she
lad hsned witLlp the prescribed llnts " had been