Savannah morning news. [volume] (Savannah) 1868-1887, 1886-12-09

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mad been engaUed in fishing or was intending
TO hsh in prohibited waters, or that 1t had
done or was intending to do any other injuri-
Gus act. 1t wSs proceeding upon its regular
ana lawful business of fishing in the deep sea,
III had received no request, and, of course,
coulu have disregarded no request
10 depart, and was IN fact departing whed
seized. nor had ITS master refused to answer
any questions put By the authorities. 1t had
violated no existing law, and had incurred
no penalty that any known statute imposed.
IT. seems TO me imposs bic to escape the con
cluslon that this and other similar seizures
were made by the Canadian authorities for
the purpose of harassing and embarrassing
American fishing vessels in the pursuit OF
tneir lawful employment, and the injury,
Nnlch would have been a serious one If com
mltted under mistake, ls very much ag-
gravated by the motives which appear to
nave prompted 1t. | am instructed by
my government earnestly to protest against
THESE proce, diugs as wholly unwarranted b,
she treaty OF 1918, and altogether inconsistent
with the friendly relations hitherto existing
between the United states and her majesiy's
government, to request that the David j
ADAMS ana other American fishing vessels
now under seizure in Canadian ports be i'm
medlately released, and that proper orders
may be Issued to prevent similar proceedings
IN the future. And am also instructed to
inform you that the United states will hold
hef maJesty's government responsible for all
losses winch NAV be sustained by American
citizens In dispoSsesslon of their propert,
growing ont of search seizure, detention or
sale OF their vessels unlawfully within the
territorial waters Of British North America.
THE REAL TROUBLE.
The real source of the difficulty that has
arisen is well Understood. 1t is to be found in
the irritation that has taken place among a
portion of the Canadian people on account OF
he termination by the United States govern
ment of the treaty OF Washington Oh July
last whereby fish imported from CANADA
ITnivpd md n icl, 1O,c aa
that treaty remained in force was admitted
free, is now liable to the import duty pro-
vlded by the general revenue laws. ana the
opinion appears to have gained ground in
Canada tha the United States may he driven
by harassing and annoying their fishermen
into the adoDtion of new treaty by which
Canadian fish shall be admitted free.
Under date OF July %. Earl Rosebery
writes to Mr.. West acknowledging the
receipt OF dispatch from the Minister
inclosing copy of the note addressed to
him by Secretary Bayard. Referring to the
seizure OF the Joseph Storey and the
David j. Adams. Earl Rosebery says:
The matter is one involving the gravest in
terest OF Canada, and upon the receipt of the
communication above mentioned | lost no
time in requesting the Seer tary of State for
the Colonies to obtain from the government of
the DOMINION an expression of their views
thereon.
CANADA6 . VERSION
] now enclose copy of an approved report
of the Canadian PTivy Council, in which the
case of Canada lie so fully set forth that
think il would be desirable as a preliminary
step to further discussion OF the questions in
volved in this controversy to communicate
a copy OF it to Secretary Bayard,
as representing the views of the Dominion
government. In regard to those porI ions OF
Mr.. Phelps note Of June 2, in which he calls
in question the competence of the Canadian
d. tIA
whether imperial or colonial, to eff, CT
seizures or United States fishing vessels under
circumstances such as those which appear 10
have led to the capture of the David j.
Adams / have to observe that her
government do not feel themselves
at present in position to discuss that ques-
tion, which is now occupying the attention Of
the courts of law in the dominion and which
may possibly form the subject of an appeal 10
The Jud cial Committee of her majesty's
Privy Council in England.
RECONSIDERATION THE REMEDY.
cannot close this dispatch without adding
that her majesty's government entirely con-
curs in that passage of the report of the Cana
1ian Privy Council in which it is observed hat
# the provisions of the conven ION of 1918
have become inconvenient to either contract
ing party the utmost that goodwill ana tair
dealing can suggest Is that the terms shall be
1t is assuredly from no ault
on the part of her majesty's government that
terms Of the convention of 1913. They have
not ceased TO express their anxiety to
negotiations, and they are now
prepared to enter upon frank aud friendly
OF the whole question with
most earnest desire to arrive at settlement
alike with the rights and interests
If Canada and the United 81 tates. Where. as
n the present case. conflicting interests are
brought into antagOnism by treaty stipula-
ions, strict Interpretation of which has
scarcely been called In question, the matter
appears to her majestY's government TO be
one for friendly negotiation.
The report of the Canadian Privy
Council, which is signed by George f.
Foster, Minister OF Marine and Fisheries,
md which is referred to in Earl Rose
,ery's communication, recites the trou-
,les which occurred prior TO 1874 between
be Canadian and American fishermen
md the efforts made by the Canadian
government TO arrive at some just and
lmicabe adjustment of the difficulties,
md continues:
The treaty of Washington, while it failed
o restore the provisions Of the treaty of 1854
or reciprocal free trade Except in fish, at
east kept peace, and there was tranquility
IloDg our shores until July, 1885, when it was
erminated again by the United States gov
rnment and not by Great Britain. With
lesire to snow that she wished to be a good
leighbor, and in order to prevent loss ana
states fishermen by their sudden exclusion
rom her waters In the middle of the fishing
eason. Canada continued to allow them for
months all the advantage which the rescinded
-heries clauses had previously given them,
.lthough her people received from the United
,tates none ofthe co responding advantages
which the treaty of 1871. which mad been de-
Jared TO be an equiva ent for the benefits, Sc
ured thereby TO American fishermen. The
resident in return for this court sy pr M
sed to recommend to Congress the appoint
nent of joInt com mission of The two govern
nents, OF the United Kingdom and tho United
tates, to consider the fishery question, with
ermission also % consider the whole state OF
he trade relations between the United states
nj Canada.
REJECTED ny THE SENATE.
This promise was fulfilled by the Presi-
ent, but the Senate rejected his recon-
nendation. and refused TO sanction the COM
nisslon. Under these circumstances, Canada,
aying exhausted every effort to procure an
micable arrangement has been driven again |
0 fall back upon the convention OF 1878. the |
rovislons OF which she Is now enforcing |
nd will enforce in no punitive or hostile |
pirit as secretary Bayard supposes, but |
oleiy in protection OF her fisheries and in |
indication OF the right secured TO ner by |
reaty: i
Canadian fish is by prohibtory duties ex- |
luded from the United States market. |
merican fishermen clamor against the re-
loyal Of those duties, and In order 10 main /
ain monopoly OF the trade continue, against |
II law, to force themselves into our waters |
nd harbors and make our shores their base |
Ir supplies, especially for bait, which Is nee |
a ry to successful prosecution OF their busi-
ess.
They hope by this course 70 supply the de- |
land for thcir home market. and thus to |
lake Canada indirectly the means of injur- |
lg her own trade. II Is surely. therefore, |
ot unreasonable that Canada should insiet |