The New York herald., 1871-04-24


tween friendly nations, In the prohibitions Of sup
plies to our Fishermen yet the time OF It's discontinue
previous notice, and wnen much greater and more
Important bonding privileges WERE an ana sill sill
colonies. is q just cause OF complaint.
Fresh FISH.
While fresh hst--the product OF the British Nor'n
American hsheries-is admitted into the United
States "duty free,n our fishermen are prohibited IN
all the colonies from procuring Ice for fresh fsh
caught while fishing side by side with British fisher
men on the same banks
To subject nshtng vessels coming into colonial
ports-as Is now the case-to the compulsory regu-
ialions respecting pllOtage applied TO merchant
and at the same lime to deny r. en
merchant vessels. is manilestly unjust. $780,
BURDEN OF PROOF Gil ANGED.
The Dominion act, passed In 1858, reversed, IN
violation OF the principles of the common law, the
ordinary modes Of proof, ana declares, In section
ssss ssssr MI sas Or e a to
ing the egay i Of the e seizure S shall be upon the
owner or claimant. Under this section an Ameri-
can ns9lns vessel coming INTO port n The sxeE
right, either for the purpose OF sheltering or repair
Ing damages therein, OF purchasing wood or obtain
presumed to be IN port for lawful purpose is pre-
sumed BY the
ACT OF SEIZURE ITSELF.
however unauthorized TO DO guilty Of violation Of
the fishery laws Thus, the presumption of guilt
which is TO subject fishing vessel TO SEIZURE and
upon the caprice OF the seizng olcer. and not upon
the conduct OF the officers aud crew OF the captured
vessel lt rs obvious that cn rule OF action must
be instrumental In nficting wrong and injury upon
innocent and unonendlng parties.
STRAIT Of CANsO.
1t has been intlmated that still further restrictions
Will be imposed upon our fishermen, and that an at
tempt viii be made to exclude them from the Strait
oil Canso This appears 10 tie Judge incredible, in
view OF established principles OF International
1aw aad ns usage Tacn has SO long
ternatonal Law" says 'Straits are passages COM
mnnicating IRON one sea TO another. II the navi-
gallon Of the TWO seas thus connected Is Tree the
navigation Of the chaune By which they are con-
neccd onght also to be free. even If such strait be
bounded on both sides bv the territory or the
sovereign, and IS at the same time SO narrow to
be commanded by common shot from both shores,
the exclusive territorial jurisdiction OF that sove.
reign over such strait Is controlled by the right OF
other nations to communicate with tue seas thus
connected" And he holds that "tne principle on
which the right to navigate straits depends Is nat
tney are accessoral TO those seas which they unite
and the rgnt of navigating winch Is not exclusive,
the seas drawing after 1t that OF passing tie stralts
The strait OF Canso Tor more than century has
friendly nations IL formerly separate 1 French
from English territory, and after the restoration OF
Cape Breton to England by the capture OF Louis.
AID OF TROOPS FROM MASSACHUSETTS,,
1t was kept open to the commerce Of the world.
In 1S20 ceased to be separate English colony, and
was united to and became a part OF Nova Scotia
within whose territorial limits 1t tnen became IN
GUIDED the STRAIT still remained open as public
highway to the vessels OF every nation, and has
since continued without Interruption ana stl con-
tnues 10 be used and enjoyed as general thorough
from other countries. After such dedication OF
this Stat to maritime and commercial uses by
the French, English and colonial authorities, and
after our vessels have pursued their nsins voyages
through II for more than u century. our right to
navigate 1t cannot now pe questioned.
VESSELS RE4UIRED TO LEAVE PORT.
The manner III which the fishery laws are now
construed and attem ytcl to be enforced by the Do
To practical exclusion OF our fishery vessels from
colonial portss for although their right enter for
ing wood ana obtaining water is guaranteed by
Solemn treaty vet no sooner do they now enter than
depart even before u is ascertaned Tor what pur-
pose aud under what circumsi siances they resort
tbnner. Wmc authority Is given to certain officers,
both imperial and Canadian, 10 seize any American
fishing vessels found wtan three marine miles Il
any Of the coasts bays creeks or harbors IN Canada
which, after examination, has been found
fishing or preparing to nsh. or to have been
hing in British waters; yet nothing IN
warrants tile summary exnuislons OF such
vessels from port or prohibits any vessel from en-
terlng, as well Tor the purpose Of procuring sup.
phes. aS Tor shelter, repairs, wood and water.
THE FISHERY LAWS THEMSELVES,
as well as the regulations respecting piiotage,
cognze the light OF foreign fishing vessels freely
provinces. The vigorous measures, now Tor the
nrst time adopted which materially affect the rights
and interest, Of large class OF American citizens
engaged III the prosecution or an important branch
of industry. wnle deriving no sanction from the
Treaty OF 1913, or from the USAGE OF nations, are
dered still more Objectionable from having been
either by the Canadian Minister Of Marme
and Fisheries, by the Collector OF Col nal
Customs, or by the Vice Admiral IN command
OF her hajestys fleet in Tue British North American
fishing vessels, on their VOYAGES TO the Grand
Banks, have been seized IN colonial waters, and, in
subvcrsiun OF every principle OF rgnJ and justice
subjected to confscauon under some previous un-
known order.
Our fishermen can better endure hardship and
peril than wrong and Injustice. Our fisheries fur
nish nursery Tor vigorous and energetic race OF
seainen III time of peace, and eiectyey add to our
naval strength In time OF war; and the enterprsing
and intrepid men engaged in them-wh0se employ
ment is as hazaraous to themselves as beneficial 10
tue natlonshould be encouraged by the liDcraiity
/ and protected by the power OF the republic.
Since The foregoing was written and transmitted
to the American government some of the abuses
which tie Consul dcscrlbcs-such az pre-
venting tue fishermen IRON entering British
NEEDED BY order OF ae bamnon auieores pee
Ali the complaints, however. are founded
on tact, and have only given them to show .he
American people how very unjustly worthy and
Industrious class OF their citizens have been treated
by a nelghborlng power. The whole documenI. as
High Commission.
HOW WILL THE TROUBLES BE ApJusTEDg-soME
FACTS FOR THE COMMISSIONERS.
'lIow Will these fishery troubles he ADJUSTED ~ is
O question frequently mooted and ii Gu rent reports
High Commissioners themselves Without disput
Ing that the British people are entitled TO fair
lor tnelf Ill silOre IS
less that II they were entirely tree To Ame-
rican fishermen 1t would greatly conduce TO colonial
prosperity. 1he greater tne Iaciies Afforded Ame-
rican els for VISITING The British North American
ports the more the trade oil the provinces - ill.,
creased, tue larger the expenditures made
therein Tor bait, provision, Iucl ciolIng salt and
oLer attices desirable ana necessary for the
avocation oil the fisherman. During the existence
OF the Reciprocity Treaty the British nshcrmen-as
they freely admit--were more prosperous than they
have ever been since, and their prosperity was
chiefly owing 10 the trade OF our American tars.
hair q million dollars Annually.
WILL THE UNITED STATES ADMIT DOMINION FISH
FREE OF DUTY2
or course the feeling oil the DOMINION government
would be greatly solenel II the United states would
allow British Esne, men the freedom Of the American
market. 10 pling about tue aDrol aton OI FISH and