The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-30
EVARTS TO LORD SALISBURY
A PAPER THAT MAY DELAY Payment
or THE UdLTEdx AWARD.
Can Our Fishermen be Deprived oftbeir RiRhts
In Canadian Waters Under the Treaty OF
Washington by Canadian Ieatsintiont

Can our Fishermen be Deprived oftbeir Right,
In Canadian Waters Under the Treaty OF
Washington by Canadian Lesisintiont
WASHINGTON, Oct 29--Thc following Is
the letter of Mr.. Evnrts 10 John Welsh on tho
subject of the outrage upon our fishermen on
the Newfoundland coast
D,pARrxtSr or srArs, wAsuiSeroS Sent a. 1873
J'ln U.bd ~ ~, etc
enclosing Lord SALISBURY srply u The Brush Govern
ment TO The NATION that had been made
early MARCEL last by you under instructions from the
department must understand Lord saiis6uty's note.
he 10 This uovcrnmont as adopting Thai
naval officers conclusiono fact respecting the Violent
Newioundlaml fishing nopuailon. AZ Fortune BAY, ~
U"v"rn,nep, mssrs o he NEUTRALITY-SUSPICIOUS. ma he}o,e
on our part. verified by the sworn statements Of numer
Ancr pointing on, ihS, The proof, on which CAPT su
citing that officers changes that the American fishermen
were violating the laws OF Newfoundland IN using scines
Ash. and in thus interfering with the rights OF British
tisn ar oi my present purpc.c to point out that hi,
alleged ini,acon 81 We ,e~ryed night. Of thc l"Hl
redress u4d to drive on our rsicuncn AMI break up
their pra-e,ntion Of the nslins This may be reserved
al+u Tor discussion when both GnyC rnuicnts have fuer
knowledge Of the actual circumstances oI the irasae
ig ,rsn,mit,igs to you copy Of Capt sullivan. Re.
mort Lord salisbury saws You will perceive that The
that the United States fishermen this occasion, had
committed three distinct breaches the law"
In this observation o Lord salisbury this Government
cannot tail 20 necessary implication that her Msics
right q tshns accorded TO the United states BY article
rcgulauons which govern lie coast population OF New
onndland ~ their prosecution Of their hshg industry
before p since the treaty. Of washington
The three particulars. In which fishermen sup.
posed To lee constrained by actual legislation the prov
uce. cover IN principle every degree ~ regulation 81
Wi be eoncc,sd hut ,hey are in them ives 50 n,p%r
iNht am 80 seroa, limitation Of VI tsht. scared
tom any linnh4le pursuit 81 the tg,ft which. nerd
provincial uov.fnment OF the privilege oried ~ the
treaty With the Brush government
Hour fishing fleet SUBJECT to tbs sunday VS. Of New
ouuilnnd nude Tor the coast population u scNcimled
10 April our "eine, ami other conifi, Tor catch
inc n~i ar, subject 10 the REGULATIONS the Legislature
Of Newfoundland 10 Is not easy TO what hrm
valuable measure ot The rri,eyr al Attcc II con
toits citizens under tic guarantee ui the treaty,
ltw"uld not under any eifcumstances b. admissible
ard the Interests Of it, Fishermen the unfegnated
r,guiu9n OF another government upon The suggestion
that suc authority wi, not be opptessvsy or caDrci
onss eAsrslssi. ns would ANY Government accept as
authority over It. ckgns by aureisn Go'.rnmenL that
operation upon the subjects OF both Governments In
iar .as.s ! there ate to be regulanons Of common
Hat manfc.,lv the subject Of the regulation Of
'iucal population and ot the n.ov fishery bv fleet
ct .hg cruiscr does noi tolerate the control OF - d.
snd scnpsuns Interests by The dome ste iees
."hysNe interest az Tue eNshse OF the foreign IN
t"rcst IN the ordinary motives OF human conduct
Tie evidence before the HALIFAX Conms-,on makes i,
LII, M w, In. r .1 1n h,hesnsn RON cate
bait AZ The ~ ami price ~ the provincial fishermen Il.
.he Interest OF Tie y,ai tnermen AMI viii lie the guide
aui motive 81 such domesue egAauon now brought
Sou wii therefore say 70 Lord Salisbury TIA, thi.
Government cannot tut express itscnitc dissent
aiicste Thi' Go,ernnenl CONS Nv. that The hshcry
NasiuZtun are To be exercised whoiy Tree from
restraints ana regulations % the statutes Of Newionndsn nd
noW st az a. authority over our fishermen and from
nay hereafter lc enacted w that Government
IL MAJ is said Inst iust PARTICIPATION IN tuis common
fisher, hy the Two parucs ruuird ihs-r,o may IN ,ns
Inv conii.c sctwce ne .rfe rrs Snu ,pens,n
~ sone competen; authority This may b, conceded
bi.S'aaYn % ts W. nyserlne MT It ns'd Mt b. aid
Joint CONVENTION that shau receive The approval III her
Malesu uuvc riInent and our ruth this arrange
gard the that the f,ssauon Of Newfoundland
h . "s' =, n,neinS. .gyn.n OF the issiy
' on o.e >ie ant submission on the other which has
AMI has no, 6scn Acce pied b, this G,efnment cannot
dc.'. Msi Lord salisbury VIII asrve that the
never have accepted nv ts oovsrnnsn H. Il 1t could
pr'posb by her Majesty Government The insertion .;
any .acn rr,e",nin ~ s@n.'Ine'n nov is equally AT
ne representations made io thi. Government by the
hat t. assertion oi authority u a. aou. and extensive
es @ to- s sn ,. .qsPe The s Ss1e spp
nss.Isd authority IN January last troye them 'ron tic
same MASON The entire nshorc fishery held ny upon
tc sAnr tenure ui dtlruiv nee upon the Parliament VI
the Dominion ~ the LesisA,urcs Of the -cverai prov
| lnces
cannot but REGRET that mis- vial gu, SION Ia, nrc
scntei itsc 80 Unexpectedly ~ this Government and ~
q daic 80 near The leuoi a. whl,h his government
up'u cnnp arsUn OF news with Majesty Cove rn
uicut e. pas upon the conformity OF tie proceedings
OF the hanaN Nomh-sign with Tie requirements the
treaty Of WHshln-ton Thu present question 10 wholly
dsic from The coushle Govs bearing upon that subject
AMI winch urmsh". The t"Itc W my recent despatch
Ia the iuu ot TINS Cove u IL essential that
We should ~ once invite the Lord salisbury
20 the qucsunn ~ Provincial control the nshsTmen
the rie states Ia their prosecution OF the pri leres
secured O. them 10y tle treaty 80 grave 4lcstion In
is berriuSs upon the oO,sauoHs Ut this Guyvrnue nj
unie the treaty. makes u ucccssaTy that the Pre- aden
nvowai OF disaNowHl ot the paramount authority Of
Provincial LEGISLATION 10 fteuatr the enjoyment by oar
people oi tue inslnre ,nshefN. which seems be init
mated o. not asserted. In Lrri sahsburv's note
Before III" receipt OF reply from her Mar-ty's Gov
fument ~ would he premature 10 consider what should
be the cour- 81 This Government should nj, units
INSISTED upon by the British Government their con.
strucuuu oi the treaty
by reading tie saule TO him and having with HIM copy
host ooeul,N servant Nh " ErAhrs.
The correspondence has additional iinport-
ance given 10 II 10y the fact thni II may cause
delay In the payment OF the award due next
month. Nov. 23 Recent utterancee OF Mr.
Eylrts point strongly in this direction. II he
has not determined TO delay payment he has
spoken ~ the position assumed by the British
Government In deenring colonial law superior
70 the treaty Of Washington as practically an
nbrogRtl0n oi that trenty. IL certainly appears
10 deprive our citizens Of the security which
forms the consideration for the sum awarded
10y the Fisheries Commission. The last Con-
gross lett the payment OF the award entirely
within the discretion Of the Executive. and he
can delay or refuse payment al pleasure.
n. n