The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-11-30
The Fisheries Question.

1t appears to be true that the correspondence
between the United States and British Governments
in respect to the rights and privileges secured by
treaty, to American fishermen on the coast Of New
foundland, has assumed a serious character. The
following are the main points of the correspondence
thus far made public. The recent award. alluded to
at the close Of the extract, was one of 5000, 900 to
the Dominion Government, for alleged damages in
hicted by the Americans upon the Colonial fisher
men. We have no doubt the matters in dispute will
be amicably arranged.
THAT serious correspondence has passed between
England and America touching the virtual n~ullifca-
ton of the fishery clauses of the Washington Treaty
by Newfoundlanders is confirmed by the best au-
thority. One of the fisheries which was secured by
the Treaty of Washington, and which it was impOr-
tant to secure, was what is generally known as the
frozen herring fishery; that is, the catching or pur-
chasing, chiefly in Newfoundland, of herring, which
are there frozen and ard kept for bait. Hitherto,
to save time, our fishermen have generally pur-
chased their herring from native Colonial fishermen,
but with the privilege of fishing within the three
miles limit. They are generally catching for them
selves. They 60 from Gloucester about November,
and occupy several months in their business. Last
ANOHNAnOS "S ANNt W "NAhJ GohB
went as usual to Fortune Bay, in Newfoundland,
but were driven from the fishing grounds by a very
violent assault from a large and excited crowd of
Colonial fishermen, who cut and destroyed some of
their seines and drove off the feet. the crews being
unwilling to run the risk of a disturbance. Repre-
sensations we're duly forwarded to our Minister in
London. The English Government instituted an
inquiry, and recently Lord Salisbury communicated
A. A. I-.A-l o. E--- H.-A H. Il
the Cyrus, to whom the investigation was ommitted.
In communicating that report, the British Secretary
for Foreign Affairs used language which seemed very
distinctly to accept the conclusion of the report,
which was in substance that the Americans had no
ground for complaint, as they were violating three
local laws of NeWfoundland-irst, in fishing on
Sunday; second, in fishing between October and
May; and third, in using seines in their fishing.
The alleged violence was ignored, and the report was
based upon what was said to be competent testimony,
but none of which was transmitted either to the
British Government or to the United States in the
communication from that Government. Immediately
upon the receipt of the dispatch from London, our
Minister there was instructed by Evarts to say that
such conclusions of fact could not be received as
conclusive against sworn statements of our citizens,
until the British Government had submitted the
testimony upon winch lDSlr OIlceTS reIleu 10 the
consideration of the United States; that even if
such o condition of facts presented itself, or justi-
fed the charge of violation of law on the part
of Americans, still there was a great difference
between the regular and judicial vindication of
the law and such a rough and riotous method
of its execution by a mob of excited fisher
men. But, waving the consideration of these
points until the facts have been properly ascer-
tanned, he was further instructed to say. with
earnest distinctness, that the United States
Government could not accept for a moment
the conclusion which the language of Lord Sails
bury would seem to indicate, as the opinion of his
Government, that the right of fishing secured to
American fishermen within the three-mile limit was
subject in its exercise to such limitations as the
Colonial Government might see fit to impose. The
very particulars in which these laws were said to be
violated were evidently such as would seriously
affect the value of the fisheries. Our vessels were
obliged to fish when fish could be found. The
months excluded were the very months when alone
they wanted the privilege and the prohibition of
the use of seines was equivalent to the total prohi-
bition of fishing. The shore fishery, which it was
the object Of local laws to encourage and develop,
was quite a digerent thing from vessel fishing, and
what was judicious in relation to one was totally
inapplicable to. If not entirely destructive of, the
other. Such q Limitation upon a treaty right was
unusual, and not to be justified by views of its
own interest by one of the parties 10 the Treaty.
1t was not permitted by the Treaty itself, and could
not be interpo,ated by construction; and, however
unpleasant it might be to delay the settlement of
such questions touching the recent award rs were
now under discussion between the two Govern
ments. the United States must ask for a distinct
disavowaI Of q construction which left it very
doubtful what advantages, il any, We're secured
by the Treaty"
In regard to the award, the y. 4. TriJlme's
Washington special says:
1t IS probable the question Of the Halifax award
will be reviewed this winter. whatever may be
done about the ultimate payment Of the money.
claim is made by those who have been eXamin-
ing the subject that taken the British bill of parti-
culars exactly as it was submitted, it shows the
Canadians were entitled TO only $4,000 an
nually, or to an aggregate of 81, 200, 900 for ten
years. This is less than Sl.5cO,O0O, instead of So
600. o0O, the amount of the Halifax award. And
against this it is claimed it would be fair to deduct
the special duties on FISH and fish oil RENTED by
the United States for Canada. This item, of itself,
would amount in the ten years to S3.000.000.
That would make the statement from the British
Commissioners figures, SI.500.OOO in favor of the
United States. instead of 5.OOO,0 900 in favor of
Great Britain. The gentlemen connected with
this business will undoubtedly be called upon to
explain their conduct
The amount of the award Is on deposit in
London. awaiting i final decision.
The United States now exports about 100000