The New York herald., 1878-10-30
Colonial Enactment Versus the
Treaty Of Washington.
LORD SALISBURY FOR LOCAL LAW.
Secretary EvartS on the Paramount
Authority Of the Treaty.
THR FIVE MILLION AWAITING DEVELOPMENTS.
[yaox OUR SPECIAL CORRESPONDENCE. ]

WAsHlN0fONs OcS ~ 1oJa
The IS. 500. 900 which the Halifax Fishery Commits
siea condemned tho Unned States to pay 70 Great
Britain are due on sho gath Of November. under the
terms Of The treaty. the money Is ready in Los
don make the payment But Il IL certain that the
administration viii not pay Il over unsil the British
governments gives the most positive assurance that
In prosecuting the hsnery rights guaran BY the
treaty, fishermen shall not be subject 70 intsrfer
from the colonial authorities under the prstenes
0i colonial laws E..n
THE QUESTION IN DIsPUrA
The question which has arisen between the two
governments this subject resembles the extradl-
zion dispute Of two years ago, aud while II 10 thought
tnas OF Lord Salisbury In the fishery busi-
nest hastily taken and without thought Of what
he assuming, his bears singular iiKsnsss
that Of Lord Dorby in The ex.radition matter In
shas the United States asked for the surrender
or Wnslow and others under the Ashb urton treaty.
The British government refused TO surrender them
the ground that local Law OF Great Britain for
bads them TO do Secretary Fish replied that tho
treaty, being IN iniernatonal obligation, must A.
toward ~, or tho parties 70 II, be Of superior
iorce - loesl Law, and this long paper dispute
followed. which resulted In the British government
Anally acknowledging that u had suudsrod and THAI
IT. assumption thas It's local laws TO be held
superior 70 . treaty was untsnuble. The criminals
Sns dispute.
xYyRcr 4 COLONIAL Law
In The present case Lord Salisbury, apparently
having forgestsn his predecessors mortiying defeat
Surtly assumes even more than hs According 70 his
reply 70 ME- Welsh he holds that the local law OF
England, The country with which alone have
treated on the subject, but OF ono OF her distant
sooniss Is superior 70 shs obligations Of the Treaty
Of Washington. The iawIcss attack our fishermen
NV thn NA~f al lanAa A>saS Sla # vhs
viii nnd below, was called 20 the attention Of The
British government In reply Lord Salisbury says
that he has caused Captain sullivan, Of the navy. 10
Investigate the complaint and that the captain
ported that United States fishermen this occasion
committed three distinct breaches Of the local law
for which stop was put TO thsR fishing. except n
enc eass-where the master Of an American vessel
Refused to stop nsntng on SUNDAY. And that u ALL
He simply and curty reers Secretary Evarts TO the
laws OF Newfoundland and justnos tho driving on Of
cur vsssSls on the simple and. as he apparently
lmagines, su1nciont ground that though they
using only the rights guaranteed them by the troay
yss they violating the local laws OF Nswtound-
And II this u sound We ought evidently TO have
made our treaty with Newfoundland aRd not with
arsai Britain.
DETAILS OUTRAGE.
The circumstances out Of which the present CON-
piieatons happened the 9th or las, January
~ Long Harbor, Newfoundland American nshermsn
have bsen for many years gsng 70 this
herring, Tor which there 10 increasing market In
shs coantry. Usually they have either bought the
Ash OF Newfoundland fishermen or hired those to nsh
for them, and long this done thors seems to
have been complaint OF sheir violation OF local
Awa The increased demand for tho nsh and the
ssmpstiton OF colonists who bring their nsh TO
oSts free OF duty, compelled hsrermsn, at last,
70 set their ingenuity 10 work. and tbis year about
~ snty vssssls Newfoundland with the large
Sslnss which they use in ssmmsr for macksrci and
intended 70 seine herring as under the treaty. they
had indsputabls right 10 do. They had discovered
shat seinsd nsh keep fresh bos,sr ana longer than
Ast caught IN gill nets. such a. the Nswfoundandes
use, ana being Americans they naturally conlrived
she best ways prosecute their businosa
AcrIox OF rnx SEwyoUSDLAxpxRA
Tho Newioundanders tried . VARIOUS ways 10 make
ne use Of ssinss impossible Il Is IN evidence that
hey nos only planted their Ril along the shore
N such awsy az 10 prevent tho use Of ssinss, bat
they sunk skins laden with different points
ss lear The seinss Of our people. sworn testimony
shows further that ON the sunday morning Ia qass-
tion ~ Nssfoundianders out In their boats
taking fsh from thoir gall nsss, The authorities
asnsiy taking ne notice Of their vioa.ioa OF
shsir own laws Moreover, tho nEss crew
vhich spread . scino that morning vas
tna
herring very Unexpectedly came In In vast schools
inside Of the range Of sin nets, and theroupou our
people spread their seiues and prepared take shs
nsh. Being deep water nah and conina 10 the shores
~ uncertain times 70 necessary TO take them when
they appear. But when twenty vessels had
spread thsr nets half drunken crowd Of New.
iosndiandsrs. numbssing from one hrnafod 10 two
handscd. came 10 the shore. ordered our people 70
take their ssnes, viosensiy compelled tnsm % do
-, and In me Oft whose captains
"a ssd toro the ssus lot The Ash and dragged
not away In some thsy came In boats 10
attack vessels and eosrcs our people. In one case
sAs Asnsstcan captain, q Nswfoundiandsr by birth.
esissdsd his seine and nsh With rsvolvera. ana he
wa permitted 70 gather In tho nsn be had caught.
An American nshing crew consists, Il seems, Of but
hall dozen men, and this iorcs was zoe weak 70
sssass tho mob In i1Rvsnins, alter the day .
" nee, The kswioundIa Ire celebrated their victory
vish the firing of guis, The beating OF drums and
sLeuslne, ana some Of poopIo testify that they
we're boastisglv told that the intention drive
Them a~ay from those shores and prevent them from
catching nsh there
Undoubtedly tns object Of this lawlsssness vas 70
prevent oar fishermen IRON catching the nsh and
compel them 10 buy them. There 10 no evidence Of
sny prsssnoe having been made ~ the time shas cur
people were violating tho lava Tho authorisics Of
shs ,slana vno should enforce shs laws against their
0th people did appear on tho ground. The whole
stack vss " mob. and yea Lord Salisbury justi
u h.
AsornEn oAsE ov ournAaA
To ths above. which s tho story disclosed 10 the
sworn testimony VI fishermen, must bc added
that shis rs not the only tn which tho Nswfound-
And men Avs,n,srfsrsd In svisss manner with our
Issssy right On the l6sh ofJuy, 1871 the ssnsoner
hAI Of Giouesstsr vent Bread Cove buy squid
tus sAA The price asked TOO high and she cap
ssn refused 10 buy prsisrrng ostch thc squd him.
sell. Thsrsupon the Nswioundland men, who we're
sasshing them alonssde the Mat, shrsatsnsd V mob
We weasel and drive her Of bay, and pre-
vsst hrs nshisg " he dld nes bay OF them; and ne
vas forbid 10 compromiss wlsh them.
the British claim " that Ashsrmsn wsro served
sigh. and nave NO cause Of complaint, becsuss they
violassd . local eolealal Ian. Bas svsa " these