The New York herald., 1878-02-26
NEW YORK HERALD TUESDAY FEBRUARY e. SHEET

II mod ony asserLed Tue Of the Rfeag
but they claimed the right under lis guise to draw
straight line East Point To North Cape OF Prince
Edward Island and mako the exclusion from that.
Now there portions o. that bay or OF the sheet OF
water enclosed between the coast and the mag mary
line that are thirty miles wdc aud insisted on our
fishermen would be excluded from fishing within
tnirty-thrss miles OF The shores Of Prince Edward
Island. They also wanted 10 shut cs out under
this thsory from Northumberland Strait. the
Gui of Csnso and the Bay of Fundy.
Ezra Turner. = witness before the Con mission,
testified that The captain OF British cruiser told me
what his orders from Halifax and he showed me
his marks the chart well recoliect tnree marks
One from Margarce 10 Cape ST George, and then
the captain said, III you within three miles OF
these lines nsnlpg or attempting 20 nsl WI si. Goa
Legislature In 1851 defined tho rights oil American
fishermen. according to their interpretation, thus
''lhe American citizens under the treaty nave no
right for the purpose OF the fishery 10 enter any part
Of the Bay Of ST. George LYNX between the headands
formed by Cape George on the one SIDE and Port Hood
sEIzuRx or YANKEE vxssgLs-
O Did the Canadian authorities enforce their legal
enactments Independently OF the American intetpre-
tatiVn OF the treatyf
A. Yog They fitted out cruisers and put pre-
MUM on every captured ns 1es ana aa as
tanned til the hshing season closed and then released
II made difference whether the Seizure was ega or
Illegal tho voyage sp0iied, and The poor SKIPPER
vas glad to return home with his freedom II ne
brought nothing else.
A. / cannot better explain than by giving Judge
FOSTERS EXPOSITION OF Tue law OF Nova SCoub
ing w this point He says:-"rhe statue, amer pro-
vidpg tor the forfeiture OF any vessel found hsbins,
or preparing 70 hsn, or to nave been nshing, wthn
thu miles OF the COASTS bays creeks or harbors and
provid ny that II me master, or person In command,
should not truly answer the questions put to him in
nation by the boarding ofccr, he should iorieit
The sum OF flO0 goes provide that II any goods
shipped vessel seized Tor any cause oil for
feure under act and any dispute arises whether
they have been lawfully SEIZED the burden proof
the egaiity OF the Sc zure shall be on the owner
or cla,man, oi the goous ship or vessel and not on
tha of1c rurn 4 sltlIa
The burden o proof 10 show that the seizure was un
lawful was on the man whose schooner mad been
bYough TO by the guns o the cutter. He was 10 be
taken into foreign por and there required afirma-
lively make out that his vessel and It's contents
not liable 70 forfeiture. II he Attempted any
defence he not perm tied 70 do so until he had
gwen sufficient security Ia the sum OF E6O Tor
the costs He must commence no suit until he had
gwen calendar mouths notice Ia writing OF MS
intention to do So IN order tnat the selzng omcer
might make amends, II he chose; and he must orins
his suit within three months alter the cause oil acton
accrued; and II he failed Ia The sui Ireoie COSTS
10 be awarded against him while II he succeeded
ia the euit, the presiding Judge certified that
there probable Tor the seizure he wasto be
emitted to COSTS anu the ofcer making the seizure
was not to be liable any That act only very
slightly modified, but with OF is offensive pro-
visions stl retained, was found on tue statutes oil
Nova Scotia as late as the year 1865, ana am not
aware tha. it has been repealed to-day The construc
put upon 1t in this Province was that man VINO
came INTO British harbor TO puy oait with which to
catch fish in tho deep sea was guilty OF preparing to
fish, and that II offence under the act TO pre-
paro within British territorial waters 10 carry on
deep fishery p"
WHERE THE kANucks STAND.
@ DO you beiieve thai ths Canadian authorities
still cling to all these tneoriesf
A. Yes. The treaty OF 1854, by which reciprocity
agreed OF course opened ail ports 10 American
vessels, aud vice versa. Its provisions lasted during
the war. when the fishery business was profitable;
when mackerel brought $25 ana $50 per barrel aud
goldfish 50 per quinta. Alter the close Of the Reel
procty Treaty. Canada passed sumptuary laws, going
back TO the treaty oil 1878, and excluded American
vessels IRON her shores, harassiDg them and In
every way obstructng their fishing operations This
uhi Eas n COm u
renew the treaty. The United States imposed duties
imported nsh-$2 per barrel on mackerel 81 on
herring and 0uehali cent pound ON all other fish,
This was OF course disastrous 70 the Canadian fish
cry, ana the treaty OF 1873 was adopted by which our
coast they have free market In the United States
That would about equaze the matter, but besides this
pay ;So Ur
A. Absolutely nothing except tne value OF hsh taken
In British waters by American vessels as compared
with free markets Of the United States to Canadian
fishermen. Sir Alexander Gait IN hts speech stated
Canada could claim the right TO enforce the treaty
OF 1918 and exclude American vessels from purchasing
bait ice, &C. Canadian Dorts and II this DO 10 OF
shs headland theory aud all others are still 10
iorco.
O To wha. DO you attribute the late attack on tho
Gloucester vessels ~ Fortune Bsyf
A. solely 70 the disappointment OF the Newfound.
land fishermen. The herring fishery at Newiound-
lane has been carried BY American vessels. either
by paying cash Tor o cargo already caught IL has
boen very profitable business Tor The Newfound-
landsrs. as almost the whole demand tor herring
At this season is IN the United States.
They are frozen and carried fresh to Boston.
New York and all points OF distribution In the United
States THIS year our fishermen took down large
maekerel seines, by WHOM they can draw In from
Two 20 i've barrels at haul II was oomp!ete revo-
luton IN the fishery business, and IL dawnsd the
New ou ndIanders that their chances Tor selling her.
ring the Yankee captains had disappeared So they
waited M the herring came in shore aud the Ameri-
cans began to catch them, and then they came down
upon thsn broke ther nets, set the hsh ut liberty
and stole VI carried of by bodily force the broken
ThA knrri 0uhs uapV rfain
nsh are here to-day and away Tomorrow they travel
In shoals, and the men must oe prepared 10 catch
by The asters owners giving In iul the details OF
outrage they will 0e hied with the secretary OF
State and = dirscs claim for indemnity made on the
Q. L. there any Justification offered for this out
rage
A. The local papers OF Canada have begun to ex.
cuso the attack tho grou that as the Americans
fsDing on sunday and, therefore, violating law
OF Newfoundland, the men had u right to prevent IT,
O hui were there any officers among the men who
had authority to enforce The Awr
A. No. The outrage was committed BY mob,
without warrant or authority; tney were fishermen
who did not live there, but came as the Americans
did lo catch nsh, and they had been seining them
evening ana ned grand celebration OF the vic tory
over the Yankees aud made the shores resound with
THE TREATy VIOLATED.
Q. Do you believe that the provisions OF the cxst-
ing treaty were vlolateu2
A. Yes. Even II the men who drove off our fisher
officers they had no right TO prevent our
men from nshng ON Sunday, for lno treaty makes no
provlslous, ana Canada has no right 10 mako laws
adding 70 The terms OF the agreement
REMEDIES SUGGESTED.
Q Have you COM TO any CONCLUSION as to the best
way settle the fishery quarrclY
A. Yes. There are two curses open 10 US. One is
to allow the Canadians the exclusive right 10 fish
wtnn the three maritime miles oil the coas and let
American markets be Tor the benedt Of American
Gsnermsn-that 49, I'M ose duty on all fish imported
IRON tho British Prov nces. The other is annexa-
ion-make the 81 Lawrence the northern boundary
0t the United ota.es.
The HALIFAX DELIBERATIONS NOT FAIR.
O. Did The Hallax Comm sion, in your opinion, do
Justice 10 the American sideY
A. 1 aon't think had lar chance to present
In the fret pace the place where the commis-
sion sat against u.s. 1t was long distance rom
the towns ana cities OF the United States most inter-
ested IN the nearing Then the season OF the year
operated TO disadvantage. Most oil our operative
fishermen were on on their summer cruise and could
not be brought before tho comm nission. They would
have been our most valuable Witnesses ne COM
mission should have adjourned TO Boston, as our
side urged and take portion OF the testimony there
Then the umpire or referee was naturally against
Being Belgian and brought up under the influences
q "A close International Relationship between uis own