The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1878-11-19
FISHERIES QUESTION.
SALISBURY'S REPLY TO EV.
ARTS.
He Says the Treaty of Washington
Cannot be Modified by the New
FOundland Legislature II Opcs
for a Satisfactory Understanding.

DC uN Glc Nc"
FOundland LegiSlature--H III Opes
tor Satisfactory Understanding.
WASHINGTON November l4.-The fol-
lowingis Lord Salisbu>'s reply to the
dispatch of Secretary Eyarts concerning
the injuries sustained by the American
fishermen in Fortune Bay and the attitude
of the home government in regard to co
lonial legislation affecting our rights un-
der the treaty Of Washington.
FOREIGN OFFICg, n ,vember 7.
SIE:- Her Maj stl's government bad
under their consideration dispatch from
Mr. Evarts, dated the % Ii of September
and com nunicaied to me on the l 9th ult.,
respecting the c 'mplalnts made by the
Government of the United States of in.
juries 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 forwarded copy
of the report furnished by Capt. Sullivan
of Her Majesty ship Sirous. on the oc-
currence in question. Mr.. Eyarts now
says that the United States Government
has not been put him in possession of'the
dispositions which form the basis OF tina,
report, and are unable, therefore to say
whether on their consideration the view
which the Government OF the United
States takes ofthese transactions on the
sworn statement of their own citizens
would be at all modified. Her Majesty's
! Government have not had an opportunity
of considering the statements in ques
tion, hut the dispositions which accom-
pany Capt. Sullivan's report, and which
have now the honor 10 forward, appear.
ed to them, in the absence of other testi.
mony, to be conclusive. On the other
hand Her Majesty's government will
readily admit what is indeed self.evi-
dent, that the British sovereignty as re.
CARDS these waters is limited in its scope
by engagements by the treaty of Wash
ington, which canpot he modified or affec.
ted by municipal legislation. cannot
anticipate that with regard to these prin.
ciples many differences WILDE found to ex.
st between The views OF the two govern.
ments. If, however, it be admitted that
New Foundland legislators have the right
of binding Americans who fish within
their waters by any laws which do not
contravene with existing treaties, it must
further be conceded that the duty Of de-
termining the existence OF any such con-
travention must he undertaken by the
governments, and cannot be remitted to
the discretion OF each individual fisher.
man, for such discretion, if exercised
on one side, can hardly be refused on the
other. II any American fisherman may
violently break a law which he believes to
be contrary tn the treaty, New Found
land fisherman may violently maintain it
il be believes it'in accordance with the
treaty. Appoints in the issue are fire.
quently subtle and require considerable
legal kno wledge, nothing bat confusion
and disorder could result from such mode
of deciding the Interpretation OF the
treaty. Her Maj sstv's Government pre-
fer the view that the law enacted by the
Legislature of the country, whatever it
may he, ought to be obeyed by the ma
tives and foreigners alike who are sojour-
ming within the territorial limits its ju-
risdiction, but that if law has been mad
vertently passed, which IS in any degree
or respect at variance with the rights con.
ferred on foreign power by the treaty,
the correction OF the mistake as commit
ted at the earliest period after its exis-
tance shall have been asce.tained ani re.
cognized, is matter of international
obligation. 1t is not explicitly stated in
Mr.. Evart's dispatched that he consid
ers any recent acts of the colonial legis-
lature to be inconsistent with the rights
acquired bv the United States under the
treaty of Washington, but if that is tie
case, Her Majesty's Government will,
in friendly spirit, consider any repre-.
sentations he may think it right to make
upon the subject, with the hope ofccming
to satisfactory understanding.
have, elc., SALISBURY. j
To Juo. Walsh ESQ.,, etc.