The New York herald., 1878-10-30


fishermen claim that the Sswfoundland men have
many advantages over our people. The nsh are ON
their own shores; they baud vessels and a. them
more cheapy than we and they are allowed to sell
their nsh In our markets duty free Hence the Amer
cans are obliged 10 their superior skill and IN
Renuity and ts IL only OF this that the Newfoundland
men complain. :.
sEcRKTARY xvARTs LETTER.
The following Is Secretary Evarts letter. in which
the points Of the controversy are fully stated
DEpARrxxxr or STATE. |
WAsHlsGrox, Sept. 2s, 1S1a
Sia-l received IN due course your despatch OF Au-
gusl "a ul,, enclosing Lord saiisbys1s reply ef th:
bssn made 70 u early March last BY you. under
instructions from The department..
1 must understand Lord Salisbury's nete, 40
eompanyipg the copy Of Captain sulnsn's
psrs which he communicates 20 this govern
s,ons Of Isei Respecting lLs violent injuries our
Asning ness suffered as the hands ot tho Nswfsund-
land asAng population a. @ ssy ~ -. o.
msnt makes 10 the representations laid before i ou
part. verified BY the sworn statsmenss OF numsr
aud respectable Witnessed His Lordship has not
wLich form the bass OF Captain sulivan's coucIu-
sions Of fact, and ! unable, therefore, 10 say
whether upon their consideration the Wow
which this government takes OF these tram
respec.aoie cis,zsns. wouli be az all modified. In
the absence OF these means OF csrrsctlng any mis-
have allsn n 10 in narrative Of the facts. IS
impossibls 20 accept Captain suivan's judgment
S.ish Tou S sors Law bsoss Her xsssy.
government the desire which this government feels
10 - able 10 give due weight to this opposing evi.
donce before assisting upon tho very grave view OF
those injuries which. ~ present, its unquesonabe
duty 10 tho interests which have suffered
tency and sobrioty Of tho proofs IN our pos.
session, compss this government to take Should
dsnce upon which Captain sullivan bases hs report
In your hands, yeu VIII lose NO timc IN transmitting
should thus Intervene 20 prevent an Immediate con.
alteration OF the facts IN the matter by tho Two gov
those iso,s for their scrusiny aud judgment. Hu.
careful attention TO Lord Sslisburys note discovers
what muss % regarded = az oppression Q, ms views
administrative jurisdiesion over our fishermen within
,bs threc-mils line. and OF tho rss,re.tvs u'iS,
ti0ns up0u their rights on these SRehj&
grounds under the Treaty Of Washington. A
any aspect or che evidence on one side and the one
feet has suffered II the hands Of the Newfoundland
coast ashermsn. the visvs thus intinated soem TO
leust delay part frankly stating The
grounds oi exception 70 them.
CAPTAIN sULlvAxs REPORT
The report OF Caplain sullivan presents. N justi
fcatory support Of the action 81 the Newfoundland
shore nshsrsn 10 breaking up ths operations Of our
fishing deet inside sne thrse-me line, ~ the times
covered ny these transactions The violation OF GER
tain muniepal legislation Of the Newfoundland gov
ernmens, which, u 10 alleged, our fishermen were
the act OF committing whon the violent interrup
lion ei their industry occurred: l do not stop 10
and Judicial EXECUTION Of such laws and the
dsrly enforcement OF their penalties alter solemn
Of volunteer multitude driving o our po.esiui 90
cupants 81 these fshing grounds pursuing
suss cured iSs'I 70 sasm by treaty. ~ reserve .ss
matter ior . complete examination when
the cona,ssing proei: are IN my po:sssaion.
ner OF sxerting this supposed provincial authority
was Official Judicial and unexccplonsbe will state
ofnofaM aM0atk iurlHa AohlA
fses N Captain Sulivan's own language, that may
not even insaverssntly imputc to Lord salisbury's
sppascnt adoption Of them any greater signincanes
than tboir very language fairiy Imports.
Captain sullivan assigns the following violations OF
law by our fishermen ~ The grounds OF rghtlul In.
tsrfsFssss WITH them the occasion IN question:
Ftya-ThAt the Americans using srines for
ossSn.nS cate nsGnS 90 p 100 S,n o, 1nrsr ISIS IN a.
ofthe Co0sodaisd Statues VI Nswioundland, VIZ -
mo person shall haul or taxe herring oy or IL seine
other Such oontrvance on or any part OF the
Of IN colony OF IL depouooncss or IN any
Of tho bays harbors Or other places therein, NJ any
tune between the 2o'h DAY OF oesoosr ana the 2Ssh
Secomd--That the American captains we're setting
and putting out ssinss and hauling and taxing herrog
Sunday tns 6tn OF January. dirsc. yeiai,on OF
section chapter Z. Of The act passed 2oth April,
tho coast fisheries" viz:-"No person shall between
the hours OF Twelve O'Clock on Saturday night and
herring .spn or sau.d with ne. se,uss Sanss or
such contrvsnss Tor the purpose OF such hauling or
TAird-That they were barring Gsh, In airsc, viola.
son shs continuance OF the same act, title 27,
chapter 102 section l. oil the Cousodatsd statutes VI
swioundlRnd-"or at any time use seine Or other
contrtvance tor the Catching taking Of herrings,
except oy way Of shooting and iorinwmn hauing ihs
same" t1
FourtA-rhat contrary TO the terms OF tho Troaty
OF Washington, in winch u - expressly PROVIDED.
private properly or with Bris,sh hsherinen In
the peaeeable uss OF any part oil the said
article IL OF The above nsmsa ,ressyl tney we're
fishing Illegally Interfering with the rights oi British
M aus o. o. hsv
actually IN possession their scines and boats their
hus, gardens anu land granted by government being
xxsxRvx RIGHTS LOCAL yisnKRxgx.
Tho iAe.s which sutor into tno Offences imputed
undsr the nrst, second and third neaos OF Captain
Sulivan's statement, and sucn offences thus made
would seem W De tue only warrant tor hts con-
ciusson under hrs fourth head that tho United States
nsnsrmsn have exceeded thtr treaty right, aud iu
their actual vi their fishing whom
intercepted by shs iorcc complained oi interfering
with tho rights private property or with British
fishermen IN the psscosbio OF that part VI tho
coass then bsag N thor occupancy for the sans put.
or washington II 10 no part OF my present purpose
point out that shs assed inIrscticn OF tue ,s-
served 0f the local nshermeu net justify
Inc snoas Of correction redress used 10 drive on
our nshsrnen and break up tnsr prosecution
Tor d,seussion wnsn both sovcrnmsnss have fuller
knowledge OF The actual circumstances OF the uansac
llon. In transmitting 70 you copy Of Captain Sull-
vans report, Lora Saisbary says:-
You will perceive that the In question appears
conciusvsv that ,hs United states
committed three distincS VI
sue lAw. .t HMa
Iu this observation Of Lord Salisbury this govorn-
mcnI cannot laii = necessary implication that
Hor Asjsssyss govsrnmsnt cvncsives thai IN the
prosscuIioo Of sne right OF 1shng accorded " the
United States by arucio ~ vi the. treaty our
fishermen subject 10 tho local regulations
when govern the coast population of Newfoundland
IN pSsssos.ios o their nsbing Industry, what
those rcesiauons may be, and whstbsr soacie cd
before or since shs rpcaty Vi sshngton Tho three
particulars la which fishermen are supposed 10
be consraiuod BY actual legislation OF the province
covs IN principle, evory degree of regulation Of our
nshiug industry within shs three -nils
well DO concsivsd But they are, IN themselves, so
important and 10 SERIOUS Limitation OF the rights
secured by tho treaty AS practically TO cxcud. our
nshsr non from any Probable pursuit oil tho right,
which, nsou not add, 10 equivalent 10 aunuiiing Or
egs sseordsd ~ shs treaty With the Britsh govern
mont
PRACTICAL kxcLusIox.
II cur nshius feet sss,ect the sunday laws Of