The Republican journal. [volume] (Belfast, Me.) 1829-current, 1885-04-02
The Provincial Fisheries.

VERY GOOD OUTLOOK FOR SERIOUS TROUBLE
DOWN EAST. HOW AMERICAN PRIVIL EGE GES
ARE TO BE RESTRICTED.
Three rather ominous dispatches have come
to the Herald from different points in Canada
within two months. The first one contained
the substance of "a memorial to the Dominion
and imperial governments adopted by public
meeting at an important fishing town in Nova
Scotia. 1--WE beg" ran this appeal, for such
assistance as may be necessary to protect our
resident fishermen In the enjoyment of their
rights within the three mile limit and to pre-
vent any infringement of these privileges by
fishermen sailing under the American flag"
The aid here called for is apparently to be rem
dered. The last dispatch in the series, dated
Ottawa, announces that the Dominion authori-
ties are contemplating the fitting out of "a
number of armed Schooners to watch the fishing
grounds of the maritime provinces, and prevent
American fishermen from taking fish in Cana
dian waters
This language is unhappily suggestive of the
day, now some years gone by. when American
fishing smacks found within three miles of the
Canadian shore were contiscated. and that just
y. 1t has been supposed that diplomacy had
forever put an end to so unfortunate a state Of
affairs as between two neighbOring, powerful,
intelligent, and, In most respects, friendly ns-
tions But the bold talk of the Canadians war
rants the fear that fresh trespasses and conti--
cations and international complications are
bound to come. And 1t does not make the
outlook any pleasaner to reflect that, from the
nature of the case, Americans must be the cul
prils, and also the principal sufferers.
1t should be understood that these gloomy
anicpalions are due to the approaching termi-
nation nv the United States of the sherry
clauses" of the treaty of Washington. So far
rs the fisheries are concerned, that convention
will cease to have force on the first day of July
In view of all the circumstances, there can be
no doubt that our government wisely gave no
tice of its decision to put an end to the agree
ment at the earliest possible moment. But it
was still within our power to secure such new
terms as should obviate the danger OF broils IN
the absence of any international understanding.
This opportunity has been neglected. IL the
present administration embraces it, and so pro-
cures the ratification and approval of a new
treaty which Shall insure peace in the British
American waters. and between CANADA and the
United States, it will accomplish more good
than is likely to follow from any of the Spanish
American treaties now under discussion.
RIGHTS IN THE OPEN SEA.
To grasp the situation. it il necessary to re-
vert to the days before the revolution. Prior
to the separation of the United States from the
ing rights in the gulf of ST. Lawrence and the
adjacent regions. Where a Nova Scotian went
a Massachusetts man might go freely. But
Independence put AN end 10 this happy con-
dltion of affairs. According to international
Jaw, the ocean within three miles OF land be-
longs to the nation having jurisdiction of the
shore. Outside of the three-mile line the sea is
open, the property of nobody or of everybody,
''the Ihrone of the invisible" Grear Britain
would have been glad enough to deny the right
of Americans to fish on the Great BANKS or in
the broad Gulf of st. Lawrence or else where
in the open But a denial Of this Kind
would have been obviously ridiculous Lat it
was not seriously ventureu on. There
something of an approach to il in the ''head-
land theory as held by Great Britain unlil
quite recently, even if il is not still entertained
the theory, that the three-me line was to he
drawn right across the mouths of great bodies
of water, no matter how much more than six
mics wide. such, for instance, as the bay OF
Fundy or the bay Of Chaeurs. OF the broad bay
within the chord drawn from Cape East to
Cape North, Of Prince Edward Island. Still,
the right of Americans TO fish in the open sea.
off British DUmnions was not practically
questioned after the revolution, and has not
been since.
" hat then was the restriction? Simply this !:
After the separation, Great Britain held that
citizens OF the United States could mol claim
ight to catch fish within British waters, i. e.,
within three miles of the shore anywhere or to
land on British soil for the purpose of driving
or curing their fares. This last privilege of
trtqurnting the shore was Worth everything III
'''ii, = "u7H '.is ~. ~ ,
tut h"io! ~" Eh3iahuIiS ulH nor wan. 10
- ~ ~ ~ ] @
The Old government and the new one were
entered upon very early; aud the result Of
these negotiations found expression in the
treaty of Paris in 1888.
THE TREATY OF llS3.
Ry this earIy "ti,bpries treaty" if wa, agreed
th.t ;nh.hit.nts ,f tho Jrnit.d STATE. .hnuIt
have Liberty tn t.kn ti.h Of uy.r, Nina ~, th
Rrliish naris of Ihe coast of Newfoundland
and Also ON ..the coasts bays and creeks of All
other of His Rritannir M4iesty,. 1nminions in
America and also to drI and cure in any of
the unsettled psrts of Nova Scotia. the Mazda
i'm stands and Labrador int not ia dr> and
rure on the island of NtwfoundIand. or else
where. except AS lust mentioned. This CON
re.sion ON the narf of Great Rritajn was All
things considered. very liberal. II cave prar-
really unlimited tishinr rioh1. and n consider
able measure of curing rights. And if The two
countries hadn't cot into The war of 1912 these
riyhts. or rather. privileges would undoubttdly
stir exist.
The ho.tilities of fS19-1I resulted in new re-
Iations II was admitted on both sides that
that ronf,irt in itself nut an end 10 The agree
mont of I-S3 Why his was 80 il would he
Al A -
,,rnyi,inns Of existinn treaties with resnect to
n.1ional domain. How then shouId il ,brogate
treaty provisions which regulated f>hjng2 Ru,
abrnaate them il did
"The war Of 1SIo, according to Collector
Rnb.on of Gloucesfer ..was srjzrd mon bv
Great Rrita1n as n nretext for the annnlIinp of
Ihe fishery provisions of 11S3. and althongh
mis- view was resisted nv The limited States
still commission was appointed to adjust the
very serious dillerences aud disputes Which
speedliH hrose. ms commission reported tht
treaty OF 1913, treaty Which VII. BaDson says
tTuiy mas peth the cause Oh nearly al 'he 'rou.
PIE between canada ana our nshermeh, ana II
iohSei ackho"ituSeu, VIII oe tit cause vi lhtich
more. NeVerlneiess' 10 spiie OF lhe eVluehi
lact that IN thls instance BRUSH Diplomacy out
Wllted American, the treaty OF lolS, save as
subsequently modlied, Is part OF the supreme
law OF the lahd ana Inc only wa! TO overcome
lis supremacy Is 10 prevail on the Brillsh gov
eFnmtnt 10 grant moulhcatlonS, AS IL mas done
twice since 1913, namely, IN 1904 ana 1871. Ihe
Importance OF THIS ancient convention Is appar-
enl, because after July l the liberties OF our
counfrymen IN British waters VIII be de er-
The 1918 shoe plnches because Its dimensions
are much smaller than We're afforded in 1883.
Great Britain In 1918 gave Americans only
these privileges: 10 take hsh OF every kind
only on the south coast OF Newfoundland as far
east as the Rameau islands, and on the west
and north coast around TO the tlulrpou Islands !;
on the shores of the Magdaien Islands, and on
The coast OF Labrador from MI. Jolly through
the straits of Belle Isle, and thence northward
indefinitely; to cure fish in any of the unsettled
parts OF Newfoundland ana Labrador as limit