Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-15
FISHERIES QUESTION.
sAlIsBURrs REPLY TO evARTs.
As Says the Treaty Of Washington Cannot
be Modified BY the New Fouadland
Legislature Hopes fOr a Sat-
isfactory Understanding.

WASHINGTON, November ll.-.The
following is Lord Salisbury's reply to
tho dispatch of Secretary Evarts con-
cerning tho injuries sustained by the
American fishermen in Fortune Hay
and tho attitude of the home govern.
ment in regard tu colonial legislation
affecting our rights under the treaty OF
Washington.
FoRIlGN OrrIcR, November Z.
sIR;-Iier Majcsty's government
had under their consideration u
dispatch IRON Mr.. Evarts, dated
the 2sth ol September and communicated
to mo on the 18th ult., respecting the
complaints made by the Government Of
the United States Of injuries sustained
by American fishermen in Fortune Bay
in January last. This dispatch IL in re-
ply To my letter of the I'D of August, in
which | forwarded copy Of the report
furnished by Capt. sullivan of Her Ma
jesty's ship Sircus, on the occurrence in
question. MIR. Evarts now says that the
United States Government has not
put him in possession OF the
depositions which form the basis
OF that report, and are unable, therefore.
to say whether on their consideration
the view which the Government OF the
United States takes Of these transactions
on the sworn statement of their own
citizens, would he at all modified. Her
Majesty's Government have not had an
opportunity of considering the state
n,ents in question, but the dcpositions
which accompany Capt. Sullivan's re.
port, and which / have now the homer
to forward, appeared To them,
in tho absence oi other
testimony, 10 bo conclusive.
On tho other hand Her Majesty's gov
ernment will readily admit what is in
deed self-evident, that the British SOW
ercignty w regards these waters is lin.
ited in its scope by engagements hy the
treaty of Washington, which cannot he
modified or affected by municipal lcgie-
lation. ! cannot anticipate that with
regard to these principles any difference
will be found to exist between the views
W tttc tWp wv"
ever, il be admitted that New Found
land legislators have the right "f
binding Americans who fish within
their waters by any laws which do not
contrayene with existing treaties, it
must further be conceded that the duty
OF determining the existence Of any
such contravention must be undertaken
by tho governments, and cannot be re-
united To the discretion Of each individ-
nal fisherman, for such discretion, il
exercised on one side. can hardly he r.
fused ON the other II any American
Fisherman may violently break a
luw which he believes to he contrary to
tho treaty, u New foundland fisher
man may violently maintain it II he he
lieves II In accordance with the treaty.
As points in the issue are frequently
subtle and require considerable legal
knowledge, nothing but confusion and
disorder could result from such mode
of deciding the Interpretation of the
treaty. Her Majesty's Government
prefer theyiew that the law enactcdby the
Legislature of the country, whatever
ii may be, ought to hc obcyed hy tho
natives and foreigners alike who are
sojourning within the territorial limits Of
it's jurisdiction, hut that il q law has
been inadvertently passed, which Is in
any degree or respect at variance with
tho rights conferred on foreign power
by the treaty, the correction of the
mistake ~ committed at the earliest per
iod after its exist.,nce shall have been
ascertained and recognized, is u matter
uf international obligation. II is not ex-
plicitly stated in Mr., Evart sdspatch that
he considers any recent acts Of the colon
ial Legislature to he Inconsistent with the
rights acquired by the United States
under the treaty oi Washington, but II
that is the case, Her Majesty's Govern
ment will, in y friendly spirit, consider
any representations he may think itright
to make upon the subject, with the hope
ot coming to u satisfactory understand
ing. have, etc,
fSipncl,l SALIsnrRy.
To Ina )Ialsh. Es1., etc.