American citizen. [volume] (Canton, Miss.) 1864-1890, 1880-05-29
President Hayes and Secretary Evarts
on the Fortune Bay Troubles.
WASHINGTON, May L


WASHINGTON, May II.
The Speaker laid before the House a
message from the President, transmit
ting, in compliance with Il resolution of
the House of Representatives, copies OF
the correspondence with the Govern
ment of Great Britain in relation to the
alleged outrage on American citizens ut
Fortune Bay, Newfoundland, together
with the report from the Secretary of
State on the subject In the message
the President says:
In transmitting this correspondence and re-
port l respectfully ask the immediate and
careful attention of Congress to the failure OF
accord between the two Governments as to the
Interpretation and execution of the fishery ar
ticles of the Treaty of Washington, as dis
closed in the correspondence and elucidated
concur in the opinions of that report as to the
measures proper to be taken by this Govern
ment in the maintenance of rights accorded
our fishermen by the British concessions i'm the
treaty, and in procuring suitable action towards
securing indemnity for the injury which this
interest has already suffered Accordingly,
recommend to Congress the adoption of those
measures With such attendant details OF Iegis-
lation as in the wisdom of Congress may seem
expedient. RUTHERFORD b. HAYES.
The accompanying report of the Sec
rotary of State consists mainly of a
review of the correspondence and
elaborate discussion of the arguments
advanced on both sides of the contro-
versy as to the true measure of treaty
right from the earliest period of its
history. Secretary Evarts says:
1.-The position of this Government was noti-
fed to the British Government in September,
1875 as follows: This Government conceives
conceded by the Treaty of Washington are to
be exercised wholly free from restraints and
regulations of the statutes of Newfoundland,
now set up as authority over our fishermen,
and from any other regulations of fishing
now IN force or r.t that may hereafter 6e
this issue the position of the British Govern
ment is now notified to us by the dispatch of
Lord Salisbury of April g. as follows: Refer
ring to these statutes of Newfoundland, Lord
Salisbury says: These regulations, which
Washington, were not abolished but confirmed
by subsequent statutes, and are binding, under
the treaty. upon citizens OF the United states
States fishermen, in landing for the purpose
of fishing at Tickle Beach, in using seine at
the prohibited time, and in barring behring's
with seines from the shore exceeded their
treaty privileges and were engaged in unlaw-
full acts.
was repeatedly stated by the American mem
beers of the Joint High Commission at WASH
the Canadian fisheries, that the United States
desired to secure their enjoyment, not for
their commercial and intrinsic value, but for
the purpose of removing source of irritation.
The experience of our Fortune Bay fishermen
in their first attempt in the sixth year of the
of Newfoundland full freedom to pursue
their adventurousca Calling which Her Majeety's
for them BY their own Government, is exhfb-
tied in the papers now submitted, as is also its
treatment Of their grievances, and this
corded by Her Majesty's Government.
Tho British Government claimed before the
annum during the twelve years of the treaty
period, or . gross sum of s., 440,0OO for advan-
iege proper ON the Newfoundland coast alone
conceded by treaty over and above the ooun-
ter concessions a Of our lnsh1.s sneTy and the
Halifax award of $5,500,GO0 for the Dominion
of Canada and Newfoundland together have
Government, and the sum of 81, 100000 has
been received by Newfoundland as its share OF
the money payment made ~ the United states shs
under the British view of the exposure of our
fishermen fisher at s Fortune Bay to the pen
own opinion and that of this Government,
BY the treaty. there is no prefense that
the violence offered them, and wanton de-
IF ns and
rant in the supremacy OF violated law, under
color of which the British Government has
fused them any indemnity. In this attitude
of the British Government, as taken in the
correspondence, the violent expulsion of our
January, 1875, by the coast fishermen of New
foundland, seems to be justified if not es-
ment necessarily carries a warning that any
future attempt by our fishermen to exercise
their treaty privileges except in conformityto
the authority of the British Government, as
well as exposed to the violence of the coast
fishermen.
'sUndcr this unhappy and unexpected fail
ure of accord between the two Governments
rs to ths measure Of inshore shinE privileges
as developed in this correspondence, it be-
comes the imperative duty of this Govern
ment to consider what measure should be
taken to maintain the rights of our people I'M
der the treaty, as we understand them, and to
obtain redress for their expulsion from the en-
ishing of these privileges calls for the recon
sideration Of treaty equivalents already parted
Great Britain, that subject necessarily must
be remitted to diplomatic correspond
the United States in paying for the treaty
for the exPectea enjoyment ;Ssaaa OF treaty
foms Duties upon the nsh G prod1ets
of the provincial share in these fisheries. 1
respectfully advise that it be recommended to
Congress to re-enforce the duties upon fish and
fsh-oil the products of provincial fisheries,
they existed before the Treaty of Washington
came into operation. to continue until the
two Governments shall be in accord as to the
Interpretation and execution of the fishery ar
adjustment of the grievances of our fishermen
from an infraction Of their rights under that
treaty. This measure will give to our fisher.
men, while excluded from the enjoyment Of
inshore fisheries under the continued enforce
ment of the British Interpretation of the
treaty, a restoration of domestic market for
the products of their own fishing industry
it stood before its freedom was thrown open to
provincial Rshermen in exchange for the free
fishery opened to our fishermen.
al respectfully advise also submitting to the
of Congress the propriety of
an examination and auditing of
the claims of our fishermen for injuries suf-
fered by the infraction denial of their
treaty privileges, with view of some uiti-
Ate provision by a convention with Great
Britain or by this Government for their in
demnity."