The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-25
TIE CANADIAN FISHERY CLAUSE
Newfoundland Excluded from the Privileges d
the Treaty of Washington-Whv the Island
Was Omitted in tho Pres. dsnys Recent
Proclamation-An Injustice to Our
Merchants - What Will the
President Do About It'll

fish oil and the produce OF the fisheries 10 be ad-
mtted free OF duty into the United States Yet
reference to that proclamation Will chow that the
colony OF Newfoundland is not included nor even
mentioned. This statement will doubtless sur.
prise the country, for the Treasury De-
partment, by circular addressed to col
lectors of customs and others several
months before the proclamation was issued, con-
veyed the idea that American fishermen would not
be moested II they began to fish before the time
specified for the operations OF the fishery clause OF
the treaty, thereby ntimating that the informa-
ton had been received through the Department OF
state, all the colonies concerned had acceded by
the legislation required to the terms OF the treaty.
The circular went so far as to praise the courteous
act OF the Dominion, and surely none of the Amer
lean fishermen who awaited themselves of the
privilege ever supposed that Newfoundland was
forbidden ground. Nor was it excepted in the cir
cular. After diligent search the reason for omit
ting Newfoundland from the proclamation has been
ascertained and the following history OF the case
will prove of unusual interest
1t may be remembered that Congress by act Of
March /, 1s73 provided for carrying into AFFECT the
provisions OF the Treaty Of Washington relating to
the fisheries.
In that bill it was enacted that whenever the
colony OF Newfoundland shall give its consent to
the application OF the stipulations and provisions
uce Of her fisheries should be admitted free o
duty from and after the date OF the proclamation
of the President of the United States declaring
that ne has satisfactory evidence that the said
colony has consented In O "due ana proper man.
ner' to have the provisions OF the articles OF the
treaty referred to extended to 1t. 1t appears that
as early as April last the Legislature OF NewfOund
land almost unanimously acceded to the terms OF
the treaty and complied with the requirements
of the act OF Congress. The act which was ia
secure the privileges Of free trade in the products
ney General Little, OF the colony, and contained
q clause subjecting the American citizens to the
same regulations Tor the prosecution OF the asneries
tnen existing were merely intended to have ref
erence to the time of herring fishing and character
Of nets and size OF loops which might be used.
The act, however, provided that such regulations
might thereafter be enacted should apply to the
people OF both countries. The Governor OF the
colony Colonel Hill transmitted the act to the I'M
perial government In the usual way, alter which
the notice was sent to the Secretary OF state at
washington. .
on receiving q copy OF this act Mr.. Fish dis
covered this Objectionable clause And to such
regulations respecting the prosecution OF the
fisheries as now or hereafter may exist" 1t was
plain no such restriction was authorized by the
way be construed by the protocols OF the treaty.
II one restriction existed now, and the United
It stood restrictions might be made hereafter
which would virtually make The fishery clause in
~
1t would never do to run such risk, and, falling
back on the act OF Congress, the President was ad
vised that the act passed by Newfoundland was
not regarded "to be in due and proper fOrm." IL
has since been represented that the Objectionable
clause not inserted as condition to the pass
ing OF the act, and that without 1t the act would
have been as unanimously assented to, but 1t was
conceived that 1t would operate benefcially for
Not anticipating any hitch In the operations of
the treaty Tor the act was almost unanimously
passed by both branches OF the Legislature that
IA
the free trade provisions In fishery products upon
the proclamation Of the President being made the
dealers in fish oil had made arrangements to ship
large quantities to New York, Boston and other
American ports, as well as the other products OF
the fisheries allowed to enter free under the treaty.
Cargoes were put anoat to arrive In New York on
the LIST Of July that date having been previously
would comply with the law OF Congress. TO the
CONSERVATION OF the New York merchants directly
Interested IN TINS trade the rresaen; nad iaied
mnion and all the shipments made-all that had
arrived, as well as the stock purchased at st.
Johns and elsewhere on the island OF Newfound.
land-cOuld not enter duty lree This news was at
once telegraphed 70 ST. Johns. WHAT was to be
doneY Large quantities OF fish products could be
literally tied up for who would pay duties when
the same articles could be obtained in the Do
minion and brought in ireeY This seriously prcju-
diced the interests Of the holders, while the other
colonies were reaping the advantages Of this I'M
fortunate condition OF affairs. The trade OF New
foundland with the United States In fish oil, salmon
and herring, is probably greater than that OF oil
the rest of the Dominion.
might reasonably regret this interruption to her
trade; but when 1t Is known that the NewiOund-
ne ss prodncts to this country invariably
turn laden with -four, corn, pork, lard, butter, &c,
rs well as American manufactures, the loss to our
market will readily be perceived. The cities OF
New York. Boston and Baltimore will not only be
directly affected until the obstacle Is removed. but
share the burden OF loss with ST. Johns and HarbOr
Grace. When the news reached st. Johns meet
ing OF the Chamber OF Commerce was called and a
resolution passed requesting Hon. Frederic Carter,
q member or the Legislature and formerly Attorney
General OF the colony, to visit washington and
TO ,ee d he U is here ar
It has been ascertained that the Colonial govern
ment has extended to American fishermen all the
rights and privileges clamable under the treaty,
and our fishermen are now enjoying them unmO-
against Newfoundland by our government This,
it Is understood, will be urged as an evidence or
Spirit of the congressional enactment, and as
reasonable request that arrangements should be
made to give effect to the treaty privileges with
out delay, far as the people OF Newfoundland
are concerned.
1t is believed that when all these facts are COM
municated to our government the President Will
not hesitate to Issue a supplemental proclamation
extending to Newfoundland the same privileges
now extended to the Dominion OF Canada 1t is
hoped that he will see the justice OF the claim as
well as sustain the interests or our own citizens
s re
state Department protests against the exclusion OF
Newfoundland from the dement's OF the treaty. The
merOus complaints from firms in other cities. II Is
not generally known why the colony not in.
Guided, for your correspondent, In conversation
with prominent Treasury official, was told that
the reason OF the omission was because Newound-
land had failed to send in her official notification
OF compliance with our law.
The Governor in Council by order has, by the act,
power TO do what may be necessary in accordance
with the spirit and intention OF the treaty to give
full efrect to II. As the Legislature has thus con-
terred authority the Governor and Council can at
once remove all objections to the clause IN ques-
ton, and as he has probably done or Will do 30
there would ppear to be no valid ground for q
further postponement Of the Newfoundland privi
leges conceded by the treaty in our waters and
ports.
Mr.. Carter is not the leader OF the govern
ment OF Newfoundland, as has been asserted,
and has not held any official position In con-
nection with the present government, he hav-
ing ceased to be Attorney General and leader in
the early part OF 1870. Mr. Carters present mission
Is on behalf OF the merchants OF the colony, 10
endeavor to have the treaty brought into imme-
date operation.