The New York herald., 1878-10-30

statutss OF Nswioupdland. nsv ses mp ~ authosuy
over our fishermen. aud from any ether regulators
Of fishing sev In iores Or that may hsrssnsr %
may 90 said that Just psrteipation In this COM
IN INC common iassrssI Of he asnsry and
preventing conflicts between the fishermen, require
sssua,,on Sy Some s eoIpsssn sashsry TINS ,as %ay
TO the common appreciation OF the two governments
II need not Be said that such compstens noriy can
only % found In JOINT convention that shall receive
the approval OF Her MaJesty's govsrnment and our
own. Until this arrangement shall be con-
Drss.ns.oa sna. 10. i.S,.on m''. Of S.~ioaaa
land regulate our Ashermsn's snjoymcnt Of
~ su ons .a a. .ns
The other whicn has NOS been proposed 70 by Her
hsjesty's government ana has not been accepted oy
this government cannot doubt that Lord Salisbury
VIII agree that the insertion Of any such elemont In
the Treaty Of Washington would novor havo been &C.
thought possibe could have been proposed by
Her hsjessys govsrnment The inssssion OF any sucn
proposition BY construction now V equally ~ vart-
aace With ths views oi this govern monI
a RggRLE TkNuRx
The representations made TO this eovsrnmsnt bv
the interests OF our ctsens Affected leave no room 70
doubt thai this assertion Of authority ~ ~ ssrisus
and exensve IN practical relations ~ - IN prin-
cpls. The rude application made 10 tho twsny
vessels ip Fortune Bay this asserted autnory, In
anuasy last drove them from the profitable prosecu-
ton Of their protested cruises. ny the same reason
The entire inshore fishery Is held by upon tho
tenure VI dcpenuencs upon the Parliament 0f the
Dominion or The legislatures Of the several provinces
cannot but regret Inat thus vital question has pre-
sentod itself 80 unexpectedly 10 this government and
NJ date 50 near tho period at which this govern
inenI upou comparison Of views with Her Aajesty's
government, II to pass upon tho conformity ot the
proceedings Of the HALIFAX Commission with the re-
qurements Of the Treaty oi Washngton. The present
question - wholly aside IRON The c0usiuerations
bearing upon the subject, aud which furnishes tho
TOPIC Of my recent despatch. In the opinion Of this
govsrnmsnt that should as onco In
vte tho attention Of Lord salisbury 70 tne question OF
provincial control over tho lsaermen Of tas United
States In thor prosecution Of ths privilege secured
10 them by tho treaty. so grave Ques.
ton, tn It's bearing upon tho obligations
OF this government under the treaty, makes
Il necessary that tho President should ask rsm Her
Matcssy's government . frank avowa or disavowa Of
tho paramount authority Of provincial legislation 10
regulate the enjoy ment BY our people OF the nshorc
fishery. which animated, n nos asserted.
IN Lord Saiisbusys mole.
Before the receipt OF . reply from Her MsJesty's
government Il would DO premature TO consider what
should be the or this govcrnmcnt should this
limitation upon the treaty privileges OF ths United
States be insisted upon by tne British government ~
encir construction OF tho treaty.
You will communicate thts despatch to Lord Salis.
bury by reading the samo 10 him and leaving with
him copy.
l am. sir, your obsdisnt ssrvan. 3
WILLIAM N. EvARTs.