The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-11-21
LORD sALIsBURY,s REPLY.
Newfoundland to be Made to Respect the Rights
OF American Fishermen.
FOreIgn Ofice. November I, 1s7s.

Foreign Office November 7, 1873.
SIR Her Msjesty's Government have had un-
der heir consideration the dispatch from Mr.. EV.
arts dated 2Sth September and communicated to
me on the 10Th ult, respecting the complaints
made by the Government of the United States Of
| the injuries sustained by American fishermen In
Fortune Bay in January last. This dispatch is in
reply to my letter Of the 23d of August, In which
l forwarded a copy Of the report furnished by
| Capt, Sullivan of her Majesys ship Sirius on the
occurrence in question.
Mr.. Evarts now remarks that the United States
Government have not been put in possession Of
the deposiuons which form the basis Of that re-
port, and are unable therefore to say whether,
upon their consideration, the view which the
Government Of the United States takes OF these
transactions upon the sworn statement of their
own citizens, would be at all modified. Her Mel
esty's Government have not had the opportunity
OF considering the statements in question but the
dispositions which accompanied Capt. suliVan's
report and which now have the honor to for.
ward appeared to tbem in the absence OF other
testimony TO be conclusive as regards the facts Of
the case.
Apart however from the facts, in respect to
which there appears to be material divergence
between the evidence collected by the United
States Government and that collected by the coll
onial authorities, Mr. Evarts takes exception to
my letter Of the 23d, on the ground of my slate
ment that the United States fishermen concerned
have been guilty OF breaches OF the law, From
this he infers an opinion on my part that II ia
competent for British authority TO pass laws in
supersession Of the treaty, binding American fish
eTmen within the three.mile limit, In pointing
out that the American fishermen had broken the
law within the territorial limits Of her Msjesty'e
dominions, l had no intention OF inferentially
laying down any principles Of International law,
and no dVantage would, think, be gained by
doing so to q greater extent than the facts in
question absolutely require. / hardly, believe
however, that Mr.. Ev8Tts would, in discussion
adhere to the broad doctrine which some portion
Of his Language would appear to convey, that no
British authority has any right to pass any kind
Of law binding upon Americans who are dshine
In British waters, for If that contention be just,
the same disability applies, dJortOr to any other
power, and the waters must be delivered over to
anarchy. On the other hand, her Majesty's Gov.
eminent will readily admit what Is, indeed self
evident, that British sovereignty as regards these
matters, is limited in It's scope by the engage.
ments Of the treaty Of Washington, which can
not be modified or affected by any municipal leg.
islation.
can not anticipate that, with regard to these
principles, any difference will be found 10 exist
between the views Of the two Governments If,
however, II be admitted that the Newfoundland
legislators have the right Of binding Americans
who fish within their waters by any laws which
do not contravene existing treaties, 1t must fur
ther be conceded that the duty Of determining
the existence of any such contTavention must be
undertaken by the Governments, and can not be
remilted to the discretion of each individual fish
erman; for such discretion, If exercised on one
side, can hardly be refused on the other.
Ifany American fisherman may violently break
a law which he believes TO be contrary 10 treaty,
a Newfoundland fisherman may violently main
tain it. If he believes 1t 10 be in accordance with
treaty. As the points in issue are frequently sub
tie, and require considerable legal knowledge,
nothing but confusion and disorder could result
from eIch mode Of deciding the Interpretation
OF the treaty. Her Msjesty's Government prefer
the view that the law enacted by the Legislature
of the country, whatever II may be, ought to be
obgved BY natives and foreigners alike who are
sojourning within the territorial limits Of It's u.
risdiction but that II law has been inadvertent-
ly passed which is in any degree or respect at va
Rance with rights conferred on a foreign power
by treaty, the correction Of the mistake, as COM
mitted, at the earliest period after Its existence
shall have been asceItained and recognized, is
matter of international obligation.
II Ia not explicitly stated in Mr.. Eyarts dispatch
that he considers any recent acts OF the Colonial
Legislature to be inconsistent with the rights aC-
uuirCd BY the United States under the treaty Of
Washington but il that is the case, her MRjesty's
Government will, In friendly spirit, consider
any representations he may think 1t right to make
upOn the subject with the hope Of coming TO
satisfactory understanding. have, &C,
SALISBURY,
JoHNwE14H, EsQ'R, &C., &c,