The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-11-21
There will be no War!


The English, judging by the Times, are
more amused than incensed at the stir in
the United States caused by the dis
patches of Secretary Evarts in relation to
the fisheries. The facts of the case are
these:
By the Treaty of 1918 Americans were
given fishery rights on certain coasts of
British America withoutreference to the
three-mile limit; elsewhere they were
excluded from taking fish within that
limit. By the Treaty of Washington
this exclusion was removed. and the
general right to fish in British waters Gin
common with" British subjects was given
without reference to distance from the
shores. A reciprocal right was also
given to British subjects in American
waters north of the 39th parallel. There
were besides reciprocal engagements
against shell or river fishing. Citizens
of both sections uired.gEtghtr to land
for the purpose OF drying and curing fish.
The rig ght to import fish and fsh-oils into
the ports of each nation free of duties
was reciprocally guaranteed. These
rights were given for twelve years. BY
Art. XXI the compensation to be paid
either Government on an estimate of the
balance Of advantage was left to a COM
mission. This commission afterwards
awarded England S5,5OO,OOO, which was
to be paid ..withip{twelye months, after
the date of award. 7 Thelaward was made
in Noyember, 1871. AT the last session
of Com gress an Act was passed providing
that the money should be given to Eng
land, unless, on correspondence between
the two Governments, that country
should fail to insist upon it. 1t will be
seen, then, that the payment under the
Treaty is a payment for right which
we have been enjoying for seven years.
We have derived seven-twelfths OF the
benefit from the Treaty and we agree
with The Nation in the opinion that we
are clearly in debt to Great Britain to
the extent of seven-twelfths of IS 500, 900,
even on the theory that the Treaty has
been nj pllifed lby the acts of the Cana
dians. <--'----.- -.r
Mr.. Evarts, in his letter to Mr.. Welsh,
takes the ground that, whatever rights
the Treaty gives us, they are not gir>n
subject to diminution by local regulation.
The law of the fishery question is to be
found in the Treaty of Washington and
nowhere else. He grants that the lam
guage of the Treaty may be held to-
qualify the absolute character of the
right given. American fisherman IRE
not given right to fish in British waters
as in their own, but 4 right of IN equal
nature with the British. This equality
of right is to be understood in a natural
aud plain sense, and means that Ameri-
can and British fishermen may enjoy
such fishing rights in Cana,.ian waters Us
the right of fishing generally includes;
that is to say, they may take fish in the
way that the custom Of the pursuit or the
necessities of the case require. 1t would
not, for instance, be asserted that Ameri-
can fishermen might go and poison fish
wholesale; they must fish as fishermen
usually fish. Hence it would follow that
reasonable regulations of the times anr.
manner of fishing might be made, pro-
yided these affected fishermen Of both
nations alike, and not impair the Treaty
right. Capt. Sullivan's report of the
Fortune Bay affair represents that certain
American fishermen had violated the
Newfoundland laws prohibiting fishing
on Sunday, fishing between the goth of
October and the 25th of April, and the
barring" of fish Ia particular method of
catching herring.) Mr.. Evarts takes the
ground that such regulation, if permissi-
Bile, must be made by treaty supple
mentary to the Treaty of Washington
but it can be argued on the other side,
that the rule complained of is intended
for the better preservation OF the fish,
and, therefore, instead of impairing the
Treaty, increases the value of the rights
enjoyed under it.
The London Times treats the dispatches
very cavalierly, and tells the American
people, With unpleasant frankness, that
if they refuse to pay the Halifax award,
"they have nothing to fear save loss of
their National respect and the uncom-
plimentary surprise Of Old World Ma
tions" One way and another the Uni
ted States are getting peculiarly unen-
viable reputation, but we have some hope
that henccforth more heed will be given
to the sacredness of National obligations.
The popular vote last Tuesday was for
honest money, and this ought to carry
with it honesty in all our dealings.
Great Britain will certainly repair any
wrong that has been done, and language
that looks like 4 threat not to pay the
Halifax award comes with singularly
bad grace, when it is remembered that
a large part of the Alabama award still
lies in the American Treasury. The
Alabama award was in excess Of the in
jury done. This is proved by the fact
that surplus remains, after paying for
the vessels and cargoes destroyed. Yet
the United States neither return the sur
plus to Great Britain, nor will distribute
it to any other claimants.-NcrS and
Gnurjcr