The Leavenworth weekly times., 1878-11-21
THE FISHERY QUESTION.

LORD SALISBURY WRITES AN ANSWER tTO
SECRETARY EvARrs' NOTE REGARDING
| THE NEW F0UNDLAND FISHERIES
| WAsHrGToN, November 1.-THE fol-
lowing is Lord Salisbury's reply to ,he dis
patch of Secretary Evarts concerning the
| injuries sustained by the American fisher
les in Fortune Bay, and the attitude Of the
home government in regard to colonial leg
i.lation affecting our rights under the trea-
y:
WASH: GIoN, FOREIGN OFFICE
November 9TH, 1873
SIR,-Her Majesty's Government have
had under their consideration dispatch
from Mr.. Evarts, dated the 2Sth OF Sep
tember, and communicated TO me on the
18th ulto., respecting the complaints made
by the Government of the United States OF
injuries sustained by American fishermen
in Fortune Bay in January last. In this
dispatch, in reply to my letter of the 23rd
of August, forwarded copy Of the report
furnished by Captain Sullivan, OF Her Ma
j-sty's ship ''Sierrus" On the recurrence OF
the question, Mr.. Evarts now remarks thst
the United States Government have
NOT BEEN PUT IN POSSESSION
of depositions which form the basis of that
report and are unable therefore TO say
whether upon their consideration the view
which the government of the United States
takes of these transaction upon the sworn
statement oftheir own citizens would be at
:. - majesty's government
"""" N pportunity OF considering
the statements In question, but the deposi-
tions which accomp panied Capt. Sullivan's
report, and which now have the honor 10
forward, appeared to them, in the absence
of other testimony, to be conclusive a. re-
CARDS the facts in the case. A report, how
ever, from the facts in respect to which
there appears to be material difference
between the evidence collected by the Uni
ted States government and that collected
BY the colonial authorities.
MR. EvARTs TAKES EXCEPTION
to my letter Of the 23d inst, on the ground |
Of my statement that the L.. fishermen
have been guilty of breaches of
law. From this he infers an opinion on
my part that it is competent for British
authority to pass laws in supresession of
the treaty binding American fishermen
within the three mile limit. In pointing
out where the American fishermen had
broken the law within the territorial limits
oil Her MaIestys domlnions, L had no In
tentIon OF inierentially laying down any
PRINCIPLES OF INTERNATIONAL LAW
and M ADVANTAGE would 7 think no gain
pd Inv doing 40 10 a ore,,.r eYtept m ,n nh,
I,c,s in 9nestion ,bsoln,elV rsouire
b.,5Iv haI;ava bow.ver thai Mr. Evarts
.ouId in :, discussion adhere IN tho h,o,d
Ioctrine which some horizons of hi. i,n ,
mage would appear 10 convey thar M,
British authority has any right TO pass any
kind oi law binding Americans who are
hshing IN British waters, Tor IT. 'ha' con-
'entlon be Just the same dis .biilt! srpii.s
1 t1ttdrt to any other power, and the wa
lers must be delivered over to anarchy
On the other hand fier Majesty goVerE-
nent Will readily admit what Is indeed sell
evident, that BRUSH sovereignty, as regards
.hese matters, Is limited In It's scope oy The
engagements
OF THE TREATY OF WASHINGTON,
which cannot be modified or affected by
mupicipal legislation. | cannot anticipate
hat with regard to these principals any
Inference will be found to exist between
ne views Oh lhe TWO Governments. H.
moi 'ne
n ,;nd;na amsr;c.ns xbo f,b r;,bin ,h.;r
na,.na f s. .nn Iams nb;nh \" ~, ,o. .
80 ,,;n. ,,a.,;ss :, n,s, @ ;u.,Ga. o.
's.SaJ rs, ~. a., Ia,a;n; IL
o;S,s :; - ,.S.;a @
- "nia,,aLan % hw ,ha .nn ""ro,en'au,. | nnJ
- -, ha san,;,,ai % ~. S;so.a,;n ~ I
nI;r;dusI s.ba,nau ~ tor snns S;.o".,;"n
8 a,aro;saa nr 90 80 n,n ka,Si,, D.
rs.J ~ 81. n,ha. "A'"
''e" VI 'ne o'n-'
If ANY AMERICAN FISHERMAN
nay violently break law which he be-
ieves to be contrary to the treaty, New
fisherman may violently main
ain it if he believes it to be in accordance
With the treaty: As the points in issue are
subtle, and require considerable
egal knowledge, nothing Dut confusion and