The Leavenworth weekly times., 1878-10-31

ia the iext OF the letter from tue Secretary o
State to JJhn Welsh, our Minister 10 Eng
land, on the subject Of the Halifax award
! Minister Welsh having been instructed t,
deliver said letter 10 Lord Salisbury
DEPAkTMEST OF STATE, }
WAsHISGIoS, ID. G., sept 2s ISIS.
To John Welsh, E-q, etc.
II received 10 due c1ur~e your dis
palcn, August, 2iih ult., enclosing Lord
SailsJury's reply Of the British uovern'
IneDt, 10 representations that had .ern
I made TO il a. early a. N-rch las, by YOU
under instructions from the Department
| | must understand Salisbury. note, accom-
pany Ing the copy OF Capt. Sdllivan'- re-
| port. which h. communicates 10 tots GDv-
| ernment, as adopting that nava. uihcers
| conclusion OF the tlCt repr-Ss 'tIng the
| violent injuries which our fishing ii-e- sui
| frred at the hands OF the New rOundiAnd
( fishing population at
FORTUNE BAY,
\ in January OF this wear, as the answer
which Her Majesty Government makes 10
! the repre-enlaiiUus laid before it on our
| part, verified by he sworn statements u
numerous respectable witnesses. His Lord
MP llf- 8ltfl sfiszh-HA a. 'tAA taat
proofs Lr asyU-,uipn- which iorEa tie sSis
Of Capt. >ul.iyau's conclusions OF the same
fact, and | am unable, therefore, 10 say
whether upon their consideration of The
view which this Government takes OF Ine-e
transaction upon sworn statements of cur
own respectable citizens, would be at all
modified. In the absence Of tht sc means
OF correcting any mistakes or false lmpr's-
sions which our Information may have ial
len into, 10 their narrative OF facts, II Il lm-
possible to accept Capt. SuilIvan's Iutg-
m.nt. upon undisclosed evidence, as pos
se-sing judicial weight. You will, tEeIe-
fore,
LAY BEFORE HIS NAJEsTY's GOVERNMENT
The desire which this government feels
TO be able to give due weight to this oppDs
ing evidence, before insisting upon the very
grave view OF these injuries which al pres
ent il is our urquestionable duty to the in
terests which have suffered by them, and
which confidence in the competency aud
sobriety OF the proofs in our possession
compels this government TO take. Should
Her Maj-sty's government place copy Of
the evidence on which Capt. Sullivan bases
his report, in your hands, you will lose NO
time in transmitting it for consideration.
| regret that any further delay shouli thus
intervene to prevent an immediate conside-
ration of the facts in the case by the two
governments in the presence OF the same ev
idence OF these facts, for their scrutiny and
judgment.
But careful attention to Lord Salisbury'S
notes discovers what must be regarded As
an expression of his view, at least, of the
authority of the provincial legislative and
administrative jurisdiction over our fisher
men within the three mile line, as rtstric-
tive Limitations. upon their rights on these
fishing grounds under the treaty Of Wash
ington, upon any repect of the evidence
ON one side or the other, as qualifying the
violent acts from which our fishing fleet
has suffered at the hands OF the New
Foundland coast fishermen. The views
thus intimated seem to be
WHOLLY USADMIssIBLE
and do not permit the least delay on our
part in frankly stating the ground Of our
exception 10 them. The report OF Capt. |
Sullivan presents a. justifying and support
ins the act of the New Foundland shore
fishermen in breaking up the operations OF
our fishing fleet inside the three mile |
line. al times caused by these trai sactions, |
creations Of certain municipal legislation
of New Fpundland Government which has
alleged our i-hermen were in the act of
Xhen the violent liz eruption |
OF their INDUSTRY occurred. ! do not stop
10 pniny out the :. riuus distinction betw, en-
Official and judicial execution Of any such
ta~- ard the Orderly enforcement Of their
IsBaliis- Eiler = -uenr grigl OF iigh and |
4 4 grft no Il
uuteer mui,i-rce in driving off CIR peace- !
ful occupants 81 thes E-hIug grounds, prG-
sung rei- Industry uuGeT he s,.I:n I:sht- |
iy secured to them by treaty. reserve |
ibis matter for coI8p!e:r examination hen |
the conflicting proofs are in my possession.
SHALL ASSUME
Tor IIy present purpose that the manner OF
ezerting this supposed provincial authority |
was Official. iudIuitl, and uDeXoePii"nshie, /
rili r tie thr-. Qualifications for disturb
auc- Of our f;-hiug f eu ia Captain Suili- !
ysn'- oar lsugla-e, that ! may not even |
iuaCvgr au,ly imputc 10 lord Sali-bury |
u aup1-ent ad.p.i,n Of tuem in ;ny |
greater Significance Il al t.iis very iangurss /
fairly i'm ;orts
CAPT. SULLIVAN
assigns the following violations of the con-
solidatcd statutes Of New Founiland, viz:
$40 person shsll lave or take herring by |
or IN 2 seine or any such contriyance on
or nea- any par; 81 the coast OF his colony,
or lis dependencies, or IN any bays, has
bars. or other place therein, at any time be-
tween the 20ih Of Oct Der and 18th OF
A pril"
Sec nd That American captains were
setting and putting out seiues and hauling
and taking herring on Sunday, the sixth Of
J anuary, in direct violation Of the law re-
latirg to the coast fisheries, viz: mo per
son shall between the houus OF II Saturday
night and l. Sunday night, haul or take
any heering, caplin or squid, with net,
seines. bunts or any such contrivance for
the purpose Of such hauling or taking"
Third-That they were barring fish in
direct violation in continuance of the same
act, or at any time use seine or other
contrivance for catching or taking herrings
except by way OF shooting.
Fourth-That contrary TO the terms
Of the treaty at Washington in which it is
* xpressly provided that they do not inter
iere with the right Of private property or
y ith British fishermen in the pesceabl" Use
Of any part of said coasts or their occupan-
" for the same purpose they were
fishing illegally and interfering with the
rights of British fishermen and their peace
able use Of that part of the coast thus oc-
cupied by them, and of which they were
actually in possession, their seines and
boats, their huts and the land granted by
the government beipg situated thereon
THE FACTS
which enter into offenses imputed under
the first, second and third heads OF Captain
Sullivan's statement, and such ofienses thus
made out would seem to be the only war
rant for his conclusion under his fourth
head, th,t United States fishermen have ex-
ceeded their treaty right, and their actual
their fishing were when inter
rupted by the force complained OF, inter-
fering with the rights of private property,
or with British fishermen in the peaceable
use of that part OF the coast then being In
their occupancy for the same purpose con-
trary to the treaty OF Washington. L, is no
part of my present purpose to point out
that this ALLEGED infraction Of the reserved
rights of local fisherman, does not justify
the methods OF corr ction or redress used
TO drive off our fishermen and break up
tnelr prU~cScuuOn OF lie usniDX Uusiue-s
This may be reserved also for discussion
when both governments have full knowl-
edge of the sctusl circumstances of the
In transmitting to you a copy
of Captain Sullivan's report
LORD SALISBURY SAYS
you will observe hat the report in ques-
ton apEesrs to demonstrate copclusively
that United Stats fishermen on this occa-
sion. lad committed three distinct breach