Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-11-01
The Fisheries Controversy.

TO Minister Welsh, at London, of the date Of
Sept. IS, just published, revives special inter
est in the matter. This letter is devoted to
the injuries which fishermen Of the United
States received last January at the hands of
the Newfoundland fishing population of For
tune Bay, for which no explanation or salts
faction has been made to our government,
and for which it appears none will be made.
The British government it seems has ac-
cepted as the basis of its action in this mat
ter. report made to Lord Salisbury in regard
to the case by one Capt. Sullivan. Mr..
Evarts first asks that a copy of the evidence
upon which this report is based be transmit
ed to him for consideration, he not having seen
il as yet.
The report itself assigns the following vio-
lations OF the law by our fishermen as the
grounds of rightful interference with them on
the occasion in question
First-that the Americans were using seines for
catching herring on the 9Th OF January. 1873, in
direct violation of title 27, chap. l02 |, of the
consolidated statutes Of Newfoundland. w No
person shall haul or take herring by or in seine
or other such contrivance 10 or near any part OF
the coast Of this COLONY of its dependencies, or
In any of the bays hafbors. other places there
on, ct any time between the 20th day of Oc'ober
and the 18th day of April.
Second-That the American captains were set
ting and putting out seipes aud hauling and taking
herring on SUNDAY, the 9Th Of January, in direct
violation of Section 4, Chap Z. of Act passed April
26, 1876, entitled, ian act to amend the law relat-
ing to the coast fisheries. viz. :" No person shall
L. AF ~ S.Anr 10
night and IL o'clock on Sunday night, haul o.
take any herring captin squid with nets, senes.
hunts, or any such continuance for the purpose OF
such hauling o. taking.
Third-That they were fsrring fish in direct Vi
o1stion of the continuance of tina same act. tie
o. chapter l02, section l, of the "Con solidaied
Statutes or New Secondhand" or at snv time use a
seine or other continuance for the catching or TAX
ing Of behring's. except by way of shooting and
forth with hauling the same.
Fourih-That contrary to the terms of the
"Treaty of Washington" in which il is expressly
provided that they do not interfere with the rights
Of private property or with British fishermen IN the
pesceable Of any part OF said coasts IN their &C
cupsncy for the same purpose see article Is OF the
above named treaty, they were fishing Illegally
and interfering with the rights of British fisher
men and their peaceable use of that part of the
coast then occupied by them and OF which they
sre actually in possession their seines and boats,
their huts their gardens and land granted by the
government being situated thereon.
The facts stated under the first, Sec
ond and third heads seem to be the ground
upon which the conclusion under the fourth
head ID based, viz that our fishermen exceed
ed their rights under the treaty of Washing
ton. Secretary Evarts objects to this conclu-
sion, holding that our fishermen are
not subject to the regulations of the local
legislature of Newfoundland, as is here
claimed. He says
The three particulars in which our fishermen
are supposed to be constrained by actual legis
lation of the Province, cover. in principle, every
degree of regulation of our fishing industry, with
IN the three mile line which we'll he conceived.
But they are, in themselves, so important and 50
serious Q limitation of the rights secured by the
treaty ~ practically to exclude fishermen from
any profitable pursuit Of the right. which need
not add, il equivalent to anDulling or cancelling
by the Provincial Government of the privilege &C
corded by the treaty with the British Government
If our fishing feet is subject to the Sunday laws
of New Foundland made for the coast populati
il it 10 excluded from the fishing grounds for hall
the year, from October to April; If our "senes and
other contrivances" for catching fish are subject
TO the regulations ofthe Legislature of Newfound
land, il 10 not easy to see what firm or valuable
measure for the privilege of Article XVIII, a.
conceded to the United States, this Government
can promise to its citizens under the guarantee OF
the treaty.
1t would not, under any circumstances, be ad-
INVISIBLE for one government to subject the per
sons, the property and the interests of its fisher
men tn the unregulated regulation of another
government upon the suggestion that such author
ity will not be oppressively or csprico exer-
cised, nor would any government accept rs an
adequate guarantee of the proper exercise of such
authority over its citizens BY q foreign govern
meut. that, presumptively, regulations would be
uniform in their operation upon the subjects OF
both governments in similar II there are
to be regulations Of a common enjoyment. they
must be authenticated BY a common or joint su.
thority.
But most msnfestly the subject Of the regula.
ton of the enjoyment Of the shore fishery by the
resident provincial population and of the inshore
fishery BY our feet Of fishing cruisers, does not
tolerate the control OF so divergent and competing
interests BY the domestic legislation of the prov
inces. Protecting and nursing the domestic in
terest at the expense Of the foreign interest, the
ordinary motives of human conduct, necessarily
shape and animate the local legislation. The evi
dence before the Halifax Commission makes it
obvious that 10 exclude our fishermen from catch
ing halt, and thus compel them to go without
bait or buy bait at the will and price of the pro
vncial fishermen is the interest of the Local
fishermen, aud will be the guide aud mo-
tive of such domestic legislation is now brought
TO the notice Of this Government.
You will, therefore, say to Lord Salisbury that
this Government cannot nut express lis entire d--
sent from the view Of the subject that his lord
ships note seems to indicate. THIS Government
couceives that the fishery rights of the Unted
States, conceded by the Treaty of Washiugto
are to be exer ised wholly free from restraints
and regulations OF the II .tutes of Newfoundland
now set up as authority over our fishermen. aud
from any other regulations of fishing now in force
or that may hereafter be enacted by that Govern
ment.
The view of Secretary Evarts will strik,
our people as correct. If the legislature o
Newfoundland has power to make the priv
leges guaranteed to our fishermen in til,
treaty worthless, then the treaty is worthless
and the local authorities are greater than thu
governments who were parties to the treaty
Mr.. Evarts makes temperate but firm de
mand upon the British government to max
frank statement OF its position upon thi
question.
The Bangor Commercial has had the baC
taste to make series of personal attacks
upon Hen. Hannibal Hamlin. The years t,
which that gentleman has attained the higl
Offices he has filled, the esteem in which he il