The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1886-12-17
RIGHTS or FISHERMEN.

ages.
/ WASHINGTON, Dec. 9.-The President
! transmitted to Congress yesterday COM
munication from the Secretary of State
and correspondence relating to the rights
| Of American fishermen IN the British Moth
| American waters. In his letter accom-
| panying the documents the President Col
! lnends to the favorable consideration of
/ Congress 1.-The suggestion that commits
! sion be authorized by law to take perpetu-
| ating proofs Of the losses sustained duFing g
| the last year by American fishermen, ow-
| Ing to their unfriendly and unwarranted
! treatment by the local authorities of the
maritime provinces of the Dominion of
| Canada
| Secretary Bayard, in his letter accompa-
| nying the correspondence, says:
sit win be observed in the course of this cor
| respondence that notification has not failed to
| be duly given to the Government Of Great
| Britain that compensation is expected
| for the loss and damage caused to Ameri-
| can fishermen by the unwarrantable ac-
| ton Of the local authorities Of the Dominion
| Of Canada, not merely by the summary
seizure Of their vessels and the execution of
| heavy fines in advance Of hearing and Judgment,
| but for the curtailmeEt Of privileges to which
| they were justly entitled under commercial
regulations, as well as treaty stipulations, and
| the consequent interference with their legiti-
mate voyages, whereby the natural profits of
| their industry were seriously diminished, and,
in many cases, wholly destroyed.
1t would seem proper that steps in perpet-
udn9 rel nae1rortdsn should be taken by Congress
to allow proofs to be made and placed upon
record of these losses ard injuries to our citi-
zens, to enable them to be properly presented
to her Majesty's Government for settlement,
and that for this purpose commission should
be authorized by Congress to take the neces-
sarY proofs of the respective claimants"
The correspondence opens with dispatch
of March 10, 1886, from Sir Lionel s. Sack
ville-West, the British Minister, transmit
ting request of Earl Roseberry to be in
formed whether it is the intention of the
United States Government to give notice to
the United States fishermen that they are
now precluded from fishing in British
North American territorial waters, as her
Maiesty's Governments are now consider
ing the expediency of issuing a reciprocal
notice with regard to British fishermen in
American waters
Secretary Bayard replied:
THAT the fishery question is now understood
to rest on existing treaties precisely as though
no fishing articles had been incorporated in the
treaty Of Washington. In view of the enduring
nature and important extent Of the rights Sc
cured to American fishermen in British North
American territorial waters under the treaty
of 1918, this Government has not found it nee
essary to notify fishermen that they are now
precluded from fishing in British North Amer
lean territorial waters.''
Secretary Bayard, on May TO- 1886, wrote
long letter to Minister West concerning
the seizure of the American schooners
Joseph Story and David j. Adams. After
pointing out the illegality of the seizures
the Secretary says they seem to have been
made under supposed delegation of juris-
diction by the imperial Government of
Great Britain, and to be intended to in
clude authority to interpret and enforce
the provisions Of the treaty Of 1918, to
which the United States and Great Britain
are the contracting parties, who can alone
deal responsibly with questions arising
Hereunder He continues:
1.-THE effect of this colonial legislation and Ex-
ecutive Interpretation, if executed according to
the letter, would be not only to expand the re-
strictions and renunciations Of the treaty of
1918, which related solely to inshore fisheries
within the three-mile limit SO as to at
feet the deep-sea fisheries, the right to
which remained Nnquestioned and unim-
paired for the enjoyment of the citizens
of the United States, but further to
diminish and practically to destroy the privi-
leges expressly secured to American fishing
vessels to visit those tnshore waters for the
objects Of shelter, repair of damages and pur-
chase woods and obtaining waters.
GAS it is admitted taat the deep-sea fishing
was not under consideration in the negotiation
of the treaty of 1918, nor was affected thereby,
and as the use of bait Tor inshore fishing has
passed wholly into disuse the reasons
which may have formerly existed for re-
tusing to permit American fishermen
to catch or procure bait within the
line of a marine league from the shore, lest
they should also use It ia the same inhibited
waters for the purpose of catching other fish,
no longer exist 3 I ask you to con-
slider the results of excluding American YES
sells duly possessed of permits from their
own Government to touch and trade at
Canadian ports, as wei as 10 engage in deep
sea fshng-from exercising freely the same
customary and reasonable rights and privileges
of trade in the ports OF the British colonies as
are freely allowed to British vessels In all the
ports of the United States.
=" I have been led to affer these considerations
by the recent seizures Of American vessels, to
which have adverted, and by indications of o
local spirit of Interpretation in the provinces
affecting friendly intercourse, which is, firmly
believe, not warranted by the terms of the stip-
ulations on which it processes to rest. 1t is not
my purpose to PREJUDICE the facts OF the eases,
nor have I any desire to shield any American
vessel from the consequences of violation of in
ternational obligation.
EVERY thing will be done by the United
States to cause their citizens engaged in fish
ing to conform to the obligations Of the treaty
and prevent an infraction of the fishing laws of
the British provinces; but it is equally neces-
sary that ordinary commercial intercourse
should not be interrupted by harsh measures
and unfriendly administration"
On May % Secretary Bayard wrote to
Minister West urging the Importance of
having stop put at once to vexatious in
terpretations and action by local authori-
ties, which can only hinder an amicable ac-
cord, and saying he had asked that these
seizures be suspended without prejudice to
the legal results, pending an authoritative
treatment of the main question.
On May 80 Secretary Bayard wrote to
Minister West regarding the passage by the
Canadian House of Commons of bill pro-
posing the forcible search, seizure and for
fixture of any foreign vessel within any
harbor in Canada or lowering within the
three-mile limit, where such vessel has en-
tered such waters for any purpose mot per-
mitted by the laws or nations or by treaty
or convention, or by any law of the united
kingdom or of Canada now in force. The
Secretary adds:
81 hasten to draw your attention to the
wholly unwarranted proposition of the Canadian
authorities, through their local agents, arbi-
trarily to enforce according to their own con-
struction the provisions of any convention be-
tween the United States and Great Britain,
and, by the Interpolation of language not found
in any such treaty and by Interpretation not
claimed or conceded by either party to such
treaty, to invade and destroy the commercial
rights and privileges of citizens of the United
States under and by virtue of treaty stipula-
ton with Great Britain and statues in that be-
half made and provided"
Secretary Bayard adds that he has tele
graphed United States Minister Phelps to
enter protest against Canada's arbitrary
and unlawful action, and to give notice
that the British Government will be held
responsible for all losses and injuries to
American citizens growing out of such &C
ton.
On June Z the Secretary protests to Min
lister West against the seizure at st.
Andrews, N. B., of the Annie M. Jordan,
as Withholding of legal commercial priv
ileges from an American vessel,n and