The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-15
LORD sALIsBURY's REPLY.
Newfoundland 60 be Made to Respect the
RIGHTS OF American Fishermen.

FOREIGN OFFICE. Nov. Z. 1878.
SIR. Her Majrsty's Government have had
under thoir consideration the despatch from
Mr.. Evarts dated 2Sth September and commu-
nicated to me on the 18th ult.. respecting the
complaints made by the Government OF tho
United States OF the injuries sustained by
American fishermen in Fortune Bay in January
last. This despatch is In reply to my letter OF
the 23d OF August. in which forwarded copy
OF the report furnished by Capt Sullivan OF her
Majesty's ship Sirius on the occurrence in
question.
Mr.. Evarts now remarks that the United States
Government have not been put In possession of
the dispositions which form the basis OF that re-
port. and are unable therefore to say whether.
upon their consideration. the Wow which tho
Government Of tho United States takes OF these
transactions. upon the sworn statement OF their
own citizens would be at all modified. Her
Majesty's Government have not had the oppor-
tunity OF considering the statements In dues-
ton but the dispositions which accompanied
Capt sulivan's report and which now have the
honor to forward appeared TO them, In the alb
senco OF other testimony. to be conclusive as re-
CARDS the facts Of the case.
Apart, however. from the facts, in respect 10
which there appears to be diveTEyin.ce
States Government and that collected by the
colonial authorities. Mr. Evarts takes exception
statement that the United States fishermen con-
crrned have been guilty OF breaches OF the law.
From this he infers an opinion on my part that
Il is competent for n British authority TO piss
laws in suppression OF tho treaty, binding
American fishermen within the three-mile
| ermen had broken the law within the territorial
| limits of her Majesty,s dominions. had no In
| cples Of International law: and no advantage
would. l think, be gained by doing 40 70 a
greater extent than the facts In question Hbso-
lufalv rauuira I hardly helipyQ however. that
| Mr.. Evaris would. in discussion. adhere to the
| broad doctrine which some portion OF his
language would appear To convoy. that no
British authority has any right TO pass
any kind OF law binding upon Americans
| who are fishing in British waters, for IL that
! contention be Just. the same disability applies.
| d fOifiori to any other power. and the waters
must be delivered over to anarchy. On the
readily admit what II. indeed, eli-evident. that
| British Sovereignty as regards these matters.
| is limited In its scope by the engagements 81
the treaty OF Washington. which cannot be mod
| flied or affected by any municipal Legislation.
anesss Will Win be- onSd 70 10
| ist between the views Of the two Governments.
| H. however. 1t be admitted that the Newiound-
| Americans who flsh within their waters by any
laws which do not contravene existing treaties
| II must further be conceded that the duty OF
determining the existence OF any such contra
| vcntion must be undertaken by the Govern
mente. and cannot DO RENTED to the discretion
| OF each individual fisherman; for such q dis
| erection. II exercised on one side. can hardly be
| refused on the other.
II any American fisherman may violently
break law which he believes to be contrary 70
treaty, n Newfoundland fisherman may vio-
lently maintain 1t. II he believes It to be in ac-
cordance with treaty. As the points In issue
are frequently subtle. aud require considerable
legal knowledge nothing but confusion and
| disorder could result from such mode OF de-
Gliding the Interpretation OF the treaty. Her
l. Maiestye Government prefer the view that the
law enacted by the Legislature Of the country
whatever II may be- ought to be obeyed by
natives and foreigners alike who are soiouru-
ing within the territorial limits OF Its Jurisdic
ton. but that II a law has been Inadvertently
passed which Is in any degree or respect a
Variance with rights conferred on foreign
power by treaty the correction OF the mistake
as committed, Ht the earliest period after it'
existence shall have been ascertai ned and rec
ognized Is n matter Of international obligation
1t is not explicitly stated in Mr.. Evarts
despatch that he considers any recent acts o
tho Colonial Legislature TO be inconsistent witt
the rights acquired by the United States undo
the treaty OF Washington. but II that Is the case
her Majssty's Government will. in friendly
| spirit. consider any representations he ma,
think Il right to make upon the subject. viii
the hope OF coming to u satisfactory under
standing. l have, &C.. SALISBURY.
JOHN WELSH. ESQ. 6c.. &c.