Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-10-30
American Fishernaen i'm Canadian,
Waters.
OUR NEW CONTROVERSY WITH GREAT BRITAIN
SHOULD TnE HAIlFAN AWARD BE PAID?


nshermen and the destruction of their Scints hy
lhe fishermen OF Newfoundland. adds 10 the eN-
Istlhs computation in reference 10 the Halifax
award, anu may lead 10 extended diplomatic
correspondence. The colonial GOVERNMENT
Claims authority 10 make local regulations 10
govern The Ilshing grounds. and Il was for an
alleged violation OF these regulations that the
American fishing feet was forcibN driven away
last November by the Newfoundland fishermen
4 The British government SIlStaiuS th, aSSunn
ton on the pam OF the colonial authorities and
in his note To Mr.. EvartS Lord Salisbury rx-
pressed the approval OF his government OF the
report made bt Captain sullivan. the AGENT an
pointed Ia investigate the assault on the AmcTi-
can fishermen. Mr. ENartS has. through Min
lister Welsh, now replied 10 lord Salisbury. dis
Sentng frum he views OF the British govern
ment. and urging that the right 10 lisa in cana
dian waters WAS defined by treaty Of Washing
ton. and could not Dc made subject u local reg
ulationS
THE LETTER OF SECRETARY EvARTS
4 ne letter OF Secretary EvartS il addressed 10
Minister Welsh, bearing date Senember p
ls's; and Mr.. Welsh is directed TO deliver copy
ol llle same 10 Lord Salisbury. II opens by re
ierlng 10 the report OF Captain sullivan. the
BrltlSh agent. incloSed 10y Lord Salisbury 10
secretary EvartS and concludes as follows:
captain sullivan assigns the following viola
uons OF law 10y our fishermen as the grounds OF
rlghtfui Interference with them or the occasion
IN quest ion: First, that the Americans wetf,
using SeineS for catching herring on the 9Th OF
January. ls1S, in direct violation OF tile 2I.
| enap.eE In2' section OF the consolidated
shall haul or take herring 10y or I'm a seine or
other such contrivance on or near any part OF
| the coast OF this colony or OF lis dependencieS
| or in any OF the bays harborS. or other places
| therein. n any time between the 2gIh daV "a
| October and the 25th day OF April
'Second. That the American captains were
setting ana putting out Selnes and hauling and
taking ing Oh sunday, the 9Th January i'm
direct Violation Of section 4. chapter . OF the
act passed Goth April. 1875, entitled an act 10
amend the law relating 10 the coast fisheries
viz: No person SHALL between the hours uf ~
O'Clock on saturday night and IL o'clock on
Sunday night, haul or take any herring. capln
| or squid, with net, Seincs, buntS. or any sach
contrNonce for the purpose OF such hauling on
| taking
"1hrd That they were barring fish. i'm lrecr
| violation Of the continuance of the same act.
title p. chapter lu2, section OF the consolidated
statutes Of Newfoundland-'or al aIrN time use
| seine or other cOniTiVauce for the catching on
! taking cf heiringS except 10y way of shooting
ana forthwith hauling the same
"Fourh. That contrary Ia the terms of the
| treaty oi Washington. I'm which il il expressly
| prov ided that they do not interfere Mtth the
rights OF private property, OF WiIh British fish
| erIncn ia the pcaceable use OF any parI of the
said coasts, m Their occupancy for The same pur-
| pose (scc article ! OF the aboVe-naBiel treaty..
| tney were fishing Illegally. interfering VITA The
rights OF British fishermen. and their peaCeabie
| Use oI that pa1 OI the coast thea u.t.unipd by
| them, and of which they We're actually in pos
session. their Seine> and boats their nuts. gar
| deils and land grantcdby The government being
situated thereon.
THE facts which enter into the oqenses. i'm
puied under the first. second aud third heads of
| captain SulNda's statement. and such offenstS
| thus MADE out. would seem 10 be the oniy war
rant fOr lS conclusion, under his fourth head
that tie nitcd States fishermen have exceeded
| Their treaty right. and in their a"Jual prusecu-
| tiOn ct Their fishing were. when INTERRUPTED by
| the force complained OF, interfering With the
rights Ol private property. or with British iish-
| crnen in he Peaccable Use of that pari OF The
cCaSt then being in tGetr occupancy Tor the
same purpose, contrary 10 the proIi>O OF article
| Is OF the treaty of Washington.
1t i re part OF my present purpose 10 point
| llar .41f. a Fns don,
| rights o. the local fishermen does not Justify
| the methods OF correction or redress used 10
drive OF our fishermen and break up theiI pros
ecutlon OF the fishing. This may be reserved
also Tor discussion when both governments have
a aIullcr Know edge OF the actual clrCunSI anceS
| OF the transaction. In transmitting 10 you
copy OF capt. SulvanS report Lord Salisbury
says: You viii perceive that the Tep0rj in alleS
| zion appears 10 demonstrate concusively that
| The GiIed States fishermen Oh this occasion
| had committed three distinct breaches Of the
law
"In this observation OF Lord salisbury This
| government cannot fail 10 See a necessary i'm
phcalon that her MaleSty'S government con-
ceiYeS that IN the prosecution OF the right OF
| fishing accorded TO the United States 10y article
j. "l the treaty, our fishermen are subject 10
| the local regulations which govern the coast
population Of Newfoundland ia their prOSccJL
| lion OF their fishing industry, whatever those
| regulations may be. and whether enacted before
| OF since the treaty OF Washington.
| The three particulars i'm which our fisher
men are supposed 10 be constrained by actual
legislation OF the Province cover in principle
every degree OF regulation OF our FISHING indus
| Try within the three-mile line which can well
| be conceived. BCl they are in themselves 80
| important and 50 serious a limitation OF the
| rights secured by the treaty as practically TO
exclude our fishermen from any profitable pur-
SUIT OF the right, which need NOT add, is equiv
| alent 10 annulling or canceling 10y the prOvin-
clal government OF the privilege accorded by
| the treaty with the British government
/" III our fishing fleet is subject To the Sunday
| laws OF Newfoundland. made for the coast pop
ulallon IL IL Is excluded from the Hshing
| grounds for half the year. from October 10
April: il our ''Seines and other contrivances'
Tor catching iSh are subject 10 the regulations
| OF the Legislature OF Newfoundland in is MOI
easy 10 STE what firm or valuable measure for
the privilege or article Is, as conceded TO the
nlted States, this government can promise TO
It's CITIZENS under the guarantee OF the treaty
/" IL would not under any circumstances be adj
lnlSslole Tor one government TO subject the per-
sons the property and the interest OF its risher-
men 10 the unregulated regulation of another
government upon the suggestion thai sncb an
thority VIII not be oppreSSyely or capriciolSly
exercised, nor would any government accept as
an adequate guarantee OF the proper exercise ot
Such authority over its citizens by a foreign gov
ernnent that preSumptiyely regulations w0uId
De UNIFORM In theil operation upon the subjects
OF pOth governments in similar case III there
ale 10 be regulations OF a common endowment
ihey must be authenticated by 4 common OF
Joint authority,
But most manifeStly the subject of the regu-
Latlon or the enjoyment OF the shore fishery by
The resident provincial population and OF the m
sn0re ishery by our fleet OF fishing cruisers does
not tolerate the control OF SO divergent and
competing interests by the domestic IegislatiOD
OF the provinces. Protecting and nursing the
domestic Interest at the expense OF the foreign
interest. on the ordinary motives OF human con-
dGct: necessarily shape and animate the local
legislation, The evidence before the Halifax
comm. SSi0n makes il obvious that tOeXclule our
fishermen from catching bait and thus compel
them 10 go without bait or buy bait at the VIII
and price OF the provincial fishermen is the in
tercSt OF the local fishermen, and VIII be the
guide ana motive OF such domestic legislation
as IS how brought 10 the notice OF this govern
meDt.
''You Will, therefore. say to Lord Salisbury
that this government cannot but express its
entire dissent from the view OF the subject that
his l0rdShip'S note seems TO indicate. This gov
eminent concelyeS that the fishery rights OF the
United states, conceded by the treaty OF WASH
lngton, are to be exercised wholly free from the
restraints and regulations or the statutes OF
NeWlOundiand, now set up as authority over
our 1Shermen, and from any other regulations
OF nShlng now in force or that may hereafter
be eXacted by that government.
1T may be said that Just particpation I'm
thlS common fishery by the two parties entitled
thereto may, in the common interest OF preServ-
ing the fishery and preventing conflicts between
the fishermen, require regulation 10y some COM
petent authority. This may be conceded. But
should such occasion present itself 10 the CON-
mon appreciation OF the two governments it
need not be said that such competent authority
only he found in a iQinr