The New Orleans daily Democrat., 1878-11-15
THE BRITISH ANSWER.
,AOHD sALHsBURY's REPLY I'D @ECRE-
TARE EvARTs.

IeF MaJesty's Government Enclined to tRae
Newfoundland View of the Fisher
aeueston-An Earnest Desare Expressed
to Fulgil Treaty obligations Luca
Laws Cannot COntravene.
WASHINGTON, Nov 14-The following WIS
given to the press this afternoon:
LORD SALISBURY TO MINISTER WEIGH,
FOREIGN OFFICE, November 7, 1878.
Sm--Her Maiestys government have had
under their consideration the dispatch from
Mr.: Evarts, dated twenty-eighth September,
ana communicated to me on the twelfth ul-
timo, respecting the complaints made by the
SUSTAINED by American fishermen in Fortune
bay In January last. This dispatch Is in
reply to my letter Of tho twenty third
OF August In which ] forwarded u COPY
s1Hr Maiesty's ship Slrus on tho occurrence in
/ fAe report furnished BY Capt. Sullivan ofa
question. Mr.. Eyarts now remarks that the
United States government have not been put
10 possession OF the dispositions which form
the basis OF that report, and are unable, there
fore, to say whether upon their consideration
the view which the government of the United
States takes OF these transactions. upon the
sworn statement of their own citizens, would
he at all modified.
Her Majesty's government have not had
an opportunity OF considering the statements
10 question, but the depositions which accom-
panied Capt. Sullivan's report, and which
now haye the honor to forward, appeared to
them, In the absence Of other testimony to
pe conclusive as regards the facts Of the
case Apart, however from the facts. in
respect to which there appears to be q m ateriaI
divergence between the evidence collected by |
the United States government and that col !
sected by the colonial authorities Mr.. Evarts |
takes exception to my letter Of the twenty |
third, on the ground Of my statement that |
the United States fishermen concerned have |
been guilty of breaches of the law. From this
ne, ne lnlers e5 an opinion on my part that it Is
laws In suppression OF the treaty, binding
limit; In pointing out that American fisher
,, mon had broken the law within the territorial
limits OF her Majesty's dominlons, had no
intention OF inferentially laying down any
principles of finternational'law, and no advan-
cage would, think be gained by doing 80 to
q O. greater extent than the facts In question
abso uteIy require
l hardly 'li.ve, however, that Mr., Evarts I
would In the discussion, adhere to the broad
doctrine which some portion of his language
sthority has any right to pass any kind of
law binding Americans who are fishing In
Br1tlsh waters, for 1t that contention be just {
ne ne same disability applies q fortio,t to any
over to anarchy. On the other hand her Ma t
1esty's government will readily admit what /
Is, indeed, self-evident, that British sover-
e,1gnty, as regards these matters, is limited in q
lts scope by the engagements of the treaty '
ot d. washington, which cannot be modified or a
affected by any municipal legislation I a
cannot anticipate that with regard to these
principles any difference will be found exist
ng between the views Of the two govern
nents. II, however, it be admitted that New q
oundland legislators have the right of bind Z
ng Americans VINO fish within their waters N
~ any laws which do not contravene existing tt
reatles, tt must further be conceded that the M
n o9 of determining the existence Of any such tr
governments and cannot be remitted to the a
discretion of each Individual fisherman; Tor ~
such discretion, II exercised on one side, can u
hardly be refused on the other. II any Ameri- ~
,an fisherman may violently break law
which he believes contrary TO the treaty,
Newfoundland fisherman may be violently
maintained, If he believes it to be IN accord O.
snce with the treaty. ii
As the points In issue are frequently subtle 8
and require considerable legal knowledge, II
nothing but confusion and disorder couid re- fl
suit from such mode OF deciding the inter- O
1retation of the treaty. Her Malestys gov II
by the Legislature of the country, whatever n
L may be, ought to be obeyed by natives and d
foreigners alike, who are sOjOurnlng Within il
The territorial limits Of it's jurisdiction; but "
that II q law has been inadvertently passed ii
which is in any degree or respect at variance
with the rights conferred on q foreign power A
by the treaty, the correction OF the
mistake as committed, at the earliest
period after it's expense shall have been as :,
and recognized, is matter of m :, y
stated in Mr. Evarts' dispatch that he con- o .,
siders any recent acts OF the Colonial Logisla-
lure to be inconsistent with the rights ac- ?
quired by the United States under the treaty ~ !,
of Washington, but IT that Is the case, her y
Maiesty's government will, In n friendly 9
think right to make II hit on the subject. q
With the hope Of coming to satisfactory u
| have, etc, SALISBURY. :
To John Welch, ESD. etc. .