The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-10-30

WASHINGTON, d. c., October 2.-Tt
following is the full text OF the letter Of til
Secretary OF State TO John Welsh, on
Minister to England, on the subject OF til
Halifax Award, Minister Welsh hayin
been instructed to deliver said letter I
Lord Salisbury: ig
DEPARTMENT OF STATE,
WASHINGTON, D. c., Sept. %, 1878.
To John Wtlsh, Esq, ETC., ETC.: III
SR:-I received In due course your dis
patch OF August oath, ult., enclosing Lor
Salisbury's reply OF the British Govern
ment 10 the representations that had bee
made to 1t rs early as March last, by you
under instructions from this department
| must understand Lord Salisbury's not
accompanying the copy Of Captain Sulli
vans report, which he communicates t
this Government rs adopting that nava
officers conclusion ofthe fact respecting tn
violent injuries which our fishing fleet SUI
fered at the hands OF the Newfoundland
fishing population, ofFortune Bay, in Janu
ary OF this year, as answer which, he
Majesty's Government makes TO represent
atoms laid before II on our part, verifiet
by sworn statements OF numerous re-
spectacle witnesses. His Lordship has no
placed in our possession proofs, or the de
positions which form the basis OF Cap
tain Sullivan's conclusions OF the fact. and
l am unable, therefore, TO say whether
upon their consideration, the view which
this government takes OF these transactions
upon sworn statements OF our own respect
able citizens, would be at oil modified. 1r
the absence OF these means, OF correcting
any mistakes or false impressions which
our informants may have fallen into in
their narrative OF the facts, it is impossible
to accept Capt. Sullivan's iudgmentiupon
the undisclosed evidence as possessing
judicial weight-You will, therefore, lay
before Her Majesty's Government the de-
sire which this Government feels, to be
able to give due weight to this opposing
evidence, before insisting upon a very
grave view Of these injuries, which al
present is its unquestionable duty
to the interests which have suffered
them, and its confidence in the compe.
tency and verify OF the proofs in oui
possession compel this government to take
Should Her Majesty's government place Q
copy OF the evidence on which Captain
Sullivan based his report In your hands
you will lose no time in transmitting 1t for
consideration. regret that any further
delay should intervene to prevent an ini-
mediate consideration OF the facts in the
matter by the two governments in the pres,
ence OF the same evidence OF these, facts
for their scrutiny and Judgment, But
careful attention 10 Lord Salisbury's note
discovers what must be regarded as cx-
pressing his views at least OF authority,
provincial, legislative and administrative,
over our fishermen within three miles oi
the line, or restrictive limitations upon
their rights in.these fishing grounds under
the treaty OF Washington. -
Upon any aspect OF the evidence on one
side or the other as qualifying the violent
acts from which our fishing fleet hassutFered
at the hands OF Newfoundland coast fish.
ermen, the views thus intimated seem to
this Government inadmissible and do moi
permit the least delay on our part in
frankly stating the ground OF our iexcep.
ton to them. The report OF Capt. Sulli'
van presents as justificatory support OF the
action OF the Newfoundland shore fisher
men in breaking up the operations OF oul
fishing fleet inside OF the three mile line
at.times covered by these transactions, the
violation OF certain municipal Legislation
OF the Newfoundland Government, which
II is alleged our fishermen were III the &C
OF committing, when violent interruption
therein duly occurred. | do not stop L
point out the serious distinction between
official and judicial execution OF any suef
laws and the enforcemento theirpcnaltiel
after asolemn trial OF right, and the rageant
predominant force OF the volunteer mnl
titude driving off our peaceful occupants
OF these fishing grounds pursuing their in
dustry under the claim OF right secured
them by the treaty. reserve this matte
for complete examination when conflict
| ing proofs are In my possession. ! shal
assume for my present purpose that th'
manner ofexerting thissupposed provincial
authority was official, Judicial and unex
ceptionable. | will state these iustitica
tions for tho disturbance OF our tishinI
feet in Capt Sullivan's own language tha
may not inadvertently impute to Lor'
Salisbury's adoption Of them any create
significance than their very languag
fairly imports.
Capt. Sullivan assigns the following VIC
lations OF the consolidated statutes OF Ne'
Foundland, viz: No person shall haul o
take herring by or in a seine, or other sucl
contrivancc, on or near any part OF til
coast OF this colony, its dependencies, o
In any bays, harbors or other places there
In at any time between the Goth ot Octobe
and the 25th OF April.
2d. That the American Captains wer
setting and putting out seincs and haulin
and taking herring on Sunday, the 9Th 9
January, In direct violation of tho law re
Ilating to coast fisheries, viz: No perso
shall, between the hours OF l2 Saturdh
night and l2 Sunday night, haul or tax
any herring, capturein, or squid with me-
seines, bunts, or any such contriyance 10
the purpose OF such hauling or taking. =.
Sd. That they were barring fish !
direct violation OF the continuance OF tn
same net, or at any time use seine 9
other contrivance for catching or takin
herring, except by way oil chuting an
forthwith hauling the same.
4th. That, contrary 70 the terms Of th
Treaty OF Washington, in which 1t Is O.
prcssiy provided that they shall not inte
icrc with tho rights Of private property.
with British fishermen In the peaceab
|. use OF any part OF said coasts In their o.
cupancy for the same purpose, they wel
fishing illegally, Interfering with the rlgh
OF British fishermen and their peaceab
use oGhat part OF the coast then occupl.G
bv them and OF which they wero actual
in possession, their seines and boats, the
huts and land grants by the Goyernmel
being situated thereon.
5th. The facts which enter into the :
, lenses imputed under the first, second al
, third heads OF Capt. sullivan's statcmen
and such offenses thus made out won
r seem to be only warranted for his concl
sion under his fourth head, that the ur
ted States fishermen had exceeded the
treaty right, and in their actual prosec
tion Of tllsiT fishing were, when interru
!, ted by forcc, complained Of, lnterterll
with rights, private property, or with Il
British fishermen in the peaceable use
q that part OF the coast then being in tht
-sa,, x .,,,.I faa fha co mn nurn0Qa contra