Northern Ohio journal. [volume] (Painesville, Ohio) 1872-1896, 1880-05-22
President Hayes and Secretary Evarts
oa the Fortune Bay Troubles.

WASIfINCTDN, May II.
The Speaker, laid before the House a
message from the President, transmit
ting, i'll compliance with a 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 at
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 | respectfully ask the immediate and
careful attention Of Congress to the failure of
accord between he two Governments tc the
int depreciation and execution of the fishery
tcles of the Treaty of Washington, as dis
closed in the correspondence and elucidated
by the exposition Of The Secretary of State.
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 10y the Brit iish concessions in the
treaty, and in procuring suitable action towards
interest has all ldy suffered Accordingly,
recommend to Congress the adoption of those
measures with such attendant details of legis-
latlon as i'll the wisdom of Congress may seem
cXpedient. RUTHERFORD B. HAYES.
The accompanying report of the Sec
retary OF State consists mainly of q
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 Bfitish b government in September,
that the fishery rights of the United States
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 regulate rs of fishing
this issue the position of the British Govern
Lord Salisbury of April q, 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
i'll common with British subjects. The United
States fishermen, in landing for the purpose
of fishing at Tickle Beach, i'll using a seine at
the prohibited time, and in barring herrings
with seincs from the shore exceeded their
treaty privileges, and were engaged in unlaw-
Secretary Evarts, in conclusion, says: "Tt
was repeatedly stated by the American mem
bers of the Joint High Commission at Wash
ington, in discussing the proposals regarding
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 a asource of irritation
The experience of our Fortune Bay fishermen
in their first attempt in the sixth year of the
running of the treaty to exercise on the coast
of Newfoundland full freedom to pursue
their adventurous calling which Her Majesty's
Government said had been honorably acquired
for them by their own Government is exhib-
tied in the papers now submitted, as is also its
Ge3crnments nresenfation Of a 'nfs nc
corded by Her Majestys Government.
The British Government claimed before the
Halifax Commission the sum of S120,000 per
annum during the twelve years of the treaty
PERIOD or gross sum of 81, Az, 900 for advan-
tage to the United States of the fishing privi-
iPpn nrODpr the Newfoundland coast alone
conceded by treaty over and above the coun-
ter concessions OF our inShore fishery and the
remission of duty on their fish products. The
Halifax award of So, ,50000O for the Dominion
of Canada and Newfoundland together have
Government, and the sums of s1,OO5,oOo has
been received by Newfoundland as its share of
the money payment made by the United States
under the treaty. 1t will be observed that
under the British view of the exposure of our
fishermen at Fortune Bay to the PEN
alties of the infractol of Provincial
laws, while they were enjoying, in their
own opinion and that of this Governments,
the full freedom of the fishery accorded
the violence offered them, and wanton de-
dn M of their fishing pToserfy a and spola
rant IN the supremacy of violated law, under
color of which the British Government has re-
of the British Government, as taken in the
correspondence, the violent expulsion of our
fishermen from their fishery on the 9th of
January, 1878, by the coast fishermen of New
foundland, seems to be justified if no.
posed, dhs position too OF that GoFern
future attempt by our fishermen TO exercise
their treaty privileges except in conformity to
the local fishing regulations will be resisted by
the authority of the British Government, as
well as exposed to the violence of the coast
| fishermen.
ure of accord between tue two Governments
as to the measure OF inShore fishing privileges
to our fishermen by the Treaty of Washington
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 tights of our people un-
der the treaty, as we understand them, and to
obtain redress for their expulsion from the en-
! joyment OF their rights. So far as this dimin-
ishing of these privileges calls for the recon
sIderation of treaty equivalents already parted
With. with by this tins Government and received by
be remitted to diplomatic correspond
ence. The only continuing consideration,
for for the expeeted " ehi9yment M of % treaty. treaty.
concession, is the remission of our Gus
of the provincial Share in these Sc, fisheries se
respectfully advise that it be recommended to
| Congress to re-enfOrce the duties upon fish and
tish-oil, the products of provincial fisheries, as
| they existed before the Treaty of Wash ngton
came into operation to 50 continue until the
two Governments shall be in accord as to the
Interpretation and execution of the fishery ar
tcles of the Treaty of Washington, and the
! adjustment of the grievances of our fishermen
| from infraction of their rights under that
treaty. This measure will give to 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 a domestic market for
| the products of their own fishing industry as
| it stood before its freedom was thrown open to
provincial fishermen in exchange for the free
| fishery opened to fishermen.
Il respectfully advise also submitting to the
consideration of Congress- the propriety OF
authorizing an examination and auditing OF
the claims of our fishermen for injuries suf
| fered by the infraction or denial of theiI
treaty privileges, with view of some ulti
mate provision by convention with Great
Britain or by this Government for their in
demnity.'