New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-10-30
THE FISHERIES DISPUTE.
SECRETARY EvARTss REPLY.

IEOftSLA liON-dhOINDo ROh SNN''
TON.
Secretary Evarts in reply to Lord salisbnry's
rote containing the answer of the British Govern
ment to the representations made tn 1t IN March
last on the subject of the Newfoundland fisheries,
has written the following letter;
DEPARTMENT OF STATE,
WAsHINGTON, SEPT. -, 15's.)
JOHN WELSH. esq, etc., etc. ETC.:
SIR Ireccycd IN due cnursc yOur dispatch OF August
"a uli incosng Lord S1lisburys reply OF the BRUSH
Government to that had been made
10 1t as early a. March last by you, under Instructions
from the depart ment
I,sust understand Lord sasbury's note, accompany
ing the copy o Captoin suiyans report which lie com
1nunicates 10 this Government adopting that naval
officers conc usons Of fact respecting the violent IN
iuries which fishing ct suffered at the hands OF the
Newfoundland fishing population at Fortune Bay III
January this year, the answer which Her Majesty
Government makes to tue representations lad before
on our part. verified by the sworn statements OF
numerous and respectable witnesses
His lorsp has not placed possession the proofs
or dispositions which form the basis OF Captain suI'-
vans conclusions Of fact, and unable therefore to
say whether upon their consideration, the view when
this Government takes Transactions the
sworn statements OF our respectable citzens would
be at all modified In the absence of these means OF cor
recting any mistakes false impressions which our
intormuuts nay fallen into in their narrative Of
the facts 1t Is impossible 10 accept Captain suVanS
judicial weight.
You will therefore lay before Her Majestys Govern
ien desire which this Government feels to be able
10 give weight TO this opposing evidence before In
sisting upon the very grave views OF these injuries
which at present, its unquestonabe duty to the inter
css which have suffered them, and ts confidence in the
competency sobety OF the proofs IN our possession
conpelo this Government b. take Should Her Maestys
Government place copy Of the evidence upon which
CAPTAIN Sullivan bases his report in your hands, you VIII
- sifar nfinn rp-
gret that any further delay should thus intervene TO
prevent immediate consideration OF the facts In the
matter by governments IN the presence OF the
same evidence OF those facts their scrutiny and udg
ment
But careful attention to Lord saisbury's note dis
covers what must regarded expression Of his
views at least Of the authority of Provincial legislation
and administrative jurisdiction over our fishermen
within hrecmie hne and Of the restrictive Amta-
lions upOH their rights these fishing grounds under
tho Treaty OF Washington Upon any aspect OF the evt
dence side and the other, as qualifying the yio-
lent acts from which fishing Acct has suffered at the
hands OF the Newfoundland cOasthshernen, the views
thus intimated seem this Government wholly mad
miss5ic and do permit the least delay on our part
ip frankly stating the grounds exception t. them
The report OF Captain Sullivan presents as iustlhca-
tory support Of the action Of the Newfoundland shore
hshermeu breaking up the operations Of our fishing
feet inside the threenle line, the times covered ny
these transactions, the violation OF certain municipal
legislation OF the Newfoundland GOFtfnmeht WhcD, ~
ia alleged orr fishermen in the act OF committing
when the violent interruption OF their industry occurred
do not stop 10 point the serious distinction between
official and judicial execution OF any such laws and
the orderly enforcement Of their penalties after solemn
trial OF right and the and predominant force OF
volunteer multitude driving OF our peaceful occupants
OF fishing Grounis pursuing their industry under
claim Of right secured to them by treaty. reserve this
matter for complete examination when the conflicting
proofs are III my possession.
shall assume for my present PURPOSE that the man.
ner eXertnG this supposed provincial authority was
official, judicial aud unexccptiOnable.
Tug GRoUNDs OF INTERFERENCE.
Iw state these Qualifications for the disturbance OF
our fishing feet in Captain sulivan's own language,
that may not inadvertently mpue TO Lord Sails
bury's apparent adoption of them any greater sgnh-
canoe than their very Language fairly imports
Captain Sullivan assigns the following violations Of
law by our fishermen the grounds OF rghtful inter
ference with them ON the occasion in question:
list That tho seines for catch
ng herring on the 9th January, 1878 III direct viola
ton q Title XVII Chapter 1O2 Section l. of the Con
solidaed statutes OF Newfoundland. viz. No person
shall haul take herring by in seine or other such
Continuance part Of the coast OF this cor
ony or Of its dependencies in any OF the bays. har
bors or other places therein, at any time between the
goth day OF October and the 25th day OF April
ed That the American captains were setting and
putting out selnes and hauling end taking herring Oh
Sunday Gth January In direct violation OF Section
a. Chapter T. Of the act passed Goth April 1876 entitled
can Act to amend the law relating 10 the coast fisher
les No person shall, between the hours OF IL
O'Clock Saturday DtgGt and II o'clock Sunday night
haul take any herring, cagin, OF squd with net,
senes bunts such cOntvance Tor the purpose Of
such hauling or taking. ~
"3d. That they were barring fish, in direct violation
OF the continuance OF the same act Title XAFll Chap
ter lO2 l. OF the Consolidated Statutes OF New
fOundland' at time seine other cOntrlv
for the catching taking OF behring's except by
way OF shooting and forthwith hauling the same
"'4th That contrary to the terms of the Treaty OF
Washington which il is expressly provided that they
do not Interfere the rights OF private property
with Brtish hshernen Ia tue Deaeaoe us OF any part
the SAID in their occupancy for the same
pose see Article XVIII OF the abOve-naned treaty..
they fishing Illegally interfering with the righs
of British fishermen and their peacesOe use OF that
part Of the coast then occupied by them and OF when
they actually in their seines and boats
their hints. gardens, and land granted by Government
The facts which enter into the offences Imputed under
the frs second aud third heads Of Captain sgliyan's
10 be the only warrant tor his conclusion his
fourth head that the United States fishermen have
ceeded their treaty right and in their actual pr0secu
tion OF their fishing were, when interrupted by tine
complained or interfering with the rights OF private
property with British fishermen 10 the peaceabe use
that OF the coast then being IN their occupancy
Tor the purpose contrary 10 tho prOvso OF Article
XVIII of the Treaty OF Washington.
part OF present purpose 20 point out that
alleged nfract0n of the reserved rights Of the local
fishermen not Justify the methods Of correction
redress 10 drive Oh our Fishermen ana break up
their prosecution OF the hshng THIS may be reserved
also for discussion when oOth governments have
ruller knowledge OF the actual circumstances OF the
In transmitting to you copy OF Captain sulivans re-
port Lord Salisbury says: You will perceive that the
TrpOrt In question appears TO demonstrate cOucusvey
committed three distinct breaches OF tie law"
In this Conservation OF Lord Salisbury, this Govern
rnent cannot fat necessary implication that
Her DstY'S Government COnceYeS mat IN the prOSecu-
ton Of the right OF fishing accorded to the United
States by Article XVIII Treaty, s1erfuen
subject the local regulations winch govern the coast
population OF n, wfOuudland IN their prosecution OF
tbelr fishing industry, whatever those regulations may
be- aud whether enacted before the Treaty OF
Washington.
NfrrNsfg ,ac.rf..