The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-11-11
FISHERY DISAGREEMENT.
Secretary Evarts to Minister
~ f'~ Welsh.
A Few More Hints ON the Fish Question.

says: ...... s...
Ifthe award in respect OF the fisheries
had relation only to the sum OF payment
involved, considerable as that Is, this
Government might prefer TO waive any
discussion which could affect the continu
ing and permanent interests OF the two
countries. The United States, in the fish
cry articles OF the Treaty Of Washington,
did not intend to and did not waive OF
, curtail in the least the construction OF the
fishery and the appurtenate privileges aC'
corded in the first article OF the Conven.
ton OF 1878, as claimed br them, and actli'
ally possessed and enjoyed by them un.
der such claim at and before the Treaty OF
Washington. Neither the protocols OF the
conference OF the joint High Commissions
nor the test OF the treaty negotiated by
them indicate any intention OF submitting
TO the Interpretation OF the Halifax Com.
mission the degree OF privilege accorded
to the United States by the Convention OF
1918.
The United States still maintains its in.
depreciation OF the privileges secured by
the Convention OF 1878, and protests
against any implication from the magni.
tude OF the award OF the Halifax Commits
sioon, or otherwise from its proceedings
under the Treaty OF Washington, that the
United States have sanctioned or acqul-
esced in or by the payment OF that award
would sanction or acQuiescc in any lesser
measure OF privilege secured to the United
States under the Convention OF 1878 than,
as is well known to Her Majesty's Gov
crnment, they have always insisted upon.
In the next place, the United States did
not submit to the Halifax Commission,
under the fishery articles OF the Treaty OF
Washington, any valuation Of any general
economic or political advantages which
grow OF access to the fishery grounds for
the development OF mercantile or naval
marine, and which, therefore, 1t might be
argued, would be enhanced by adding the
inshore fisheries OF the Gulf OF st. Law
renee to the fields for that enterprise from
the earliest period open to and occupied by
the bold and hardy seamen OF this coun-
try. Still less did the United States SUBJ
nit to that Commission q peculiar meas
ure OF removal OF accessions OF strife be-
tween the Governments Of the two conn
tries, by the temporary oblitcraion OF the
restriction line dividing the inshorc from
the deep sea fisheries, or portions OF the
|
OF these subjects arc considerations gov
ernmental in their nature, suitable to be
entertained with many others in diplo'
matte negotiations which ended In treaty.
They are neither OF them computablc in
money; that which relates to the maintc..
nance OF good understanding and good
neighborhood between the United States
and the British North American provinces
can, least OF all things, be admitted at m
estimablc element in Il pccuniary computa-
ton. The importance OF such mlinte.'
nance OF good understanding and good
neighborh0od the United States will never
undervalue.
Mr. Evarts relates at some length the
historical attitude Of the two Governments
| in relation to the fisheries, including the
offer by by the American members OF
the Joint Hin Commission OF one milton
dollars for the obliteration OF the sea line
in perpetuity; and continues: 1t seems
to this Government quite certain that
upon correct exposition OF submission
OF the treaty and the concurring action OF
the two Governments. In the production
and application of what they deemed ap.
propriate proofs OF what the provisional
value OF our participation OF in the share
OF fishing OF the Cuff St Lawrence was
fairly estimabe at the constituted extreme
limit OF any possible pecuniary award by
the Halifax Commission egainst the United
States. II upon any rational view OF the
criteria OF this value before the Commission
the award Of the two conCurring commits
sioners OF $500, 900 rs 12 years purchase
OF the privilege Gun be maintained, II may
be fairlv conceded an imputation OF inval.
ditv toward transcending submission OF
the treaty, will fail OF an adequate demon.
stration. II on the other hand candid
explanation OF the evidence shall show
that there exists no rational proposition
between this award and the unquestion.
able limits OF value, which any view OF
the testimony must assign 10 the subject
submitted for valuation by the treaty as
correctly interpreted; then by the very
statement Of the proposition 1t is demon
strated that the concurring Commissioners
have passed their judgment OF valuation
on some other subject than that defined
in article Is OF the treaty, and hav5 tran
sccnded submission to their treaty. In
such case the anteccdcnt authority impart-
cd to the Commission by the two Govern
ments fails to Justify the award and the
subject OF the fisheries remains at arbl-
tratment OF the two Governments, uncon.
strained, though perhaps enlightened by
the deliberations OF the Halifax Commits
sion.
The Secretary then says the statistics
show that the whole mackerel catch OF
United States in the Gulf OF St. Lawrence,
both within and without the three mile
line. for the FIVE seasons which elapsed be-
tween the signing OF the Treaty oil Wash.
ineton and the meeting OF the Halifax
Commission, was l67,945 barrels. The
provincial estimates claimed that three
fourths OF this catch was within the three
mile line, and so to be credited to tho priv
ilcce conceded by Article IS. The United
States estimate placed the proportion at
less than one.fourth. Upon the provincial
claim Of three.fourths the products TO our
fishermen Of these five years OF inshoro
fishery would bc 125,06l barrels. It was
established upon provincial testimony
that the price at which mackcrel had been
in tho provinces cured and packed ready,
for expectation wasI$3 IS per barrel, and
.. this would give as the value, cured and
packed, Of the United States inshore catch
for the five years the sum OF d72,S53 But
in this value are included the barrel, the
salt and the expense OF catching, curing
: and packing, which all must be deducted
. before the profit which measures the value
/, of the fishery privilege is reached. Upon
evidence, one dollar barrel would be an
excessive estimate OF the net profit, and
+, this would give q profit to our fishermen
. from the enjoyment for these FIVE seasons
OF the fishery privilege conceded under
!, Articlcl IS OF but s25, 900 year, or for the
: whole treaty period OF twelve years $780,
!, 900. Although there would seem to be nc
reason for disturbing this commercial and
pecuniary measure Of the privilege ir
!. question, yet II It should be pretended thai
! the eprovincialvalue should not be taken, ,bu
value in the market Of the United States
y and further, that an cxtravagantrato otSl(