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

violation OF intern tional obliga ion. The
ne hNieWs ADVANCE may prove not to be applca-
oIe IN every feature to those particular cases
anu l should be glad il no case whatever
WeIe 10 arise calling in question the good
uhuorstanulng OF the two countries in this
regard IN order to be free from the
sldNo apprehensonS which otherwise
aul unablc TO dismiss. 1t would be most un-
fortunate, and cannot refrain from saving
mosC unworthy, if the two nations who con
eracted the treaty of 1918 should permit any
Huest'ohs OF mutual right and duty under
luaC convention to become obscured bv partl-
sun advocacy or distorted by the heat of local
interests 1t cannot but be q common ann to
toHuucL al discussion in this regard with
Wgnity and In self-respactinC snirit that
win snow itself intent upon securing equal
JusIce, rather than unequal advantage
M Oo.nl y. courtesy and justice cannot, | am
| sure, tall TO be the ruling motives and objects
OF discussion. | shall be most happy to come
10 Il ulstlnct and friendly understanding with
you' as lhe representative of Her Britannlc
MdJestys government, which will result
IN such definition OF The rights of American
ushlng vessels under the treaty of 1918 as shall
eIiectuaily prevent any encroa hment by
tuenl upon the territorial waters of the Brit
IN IN provinces Tor the purpose of fishing within
th0se waters or Urespassing in any way unon
Tue Ilttoral or marine rights of the inhabl-
Cants, and at the same time prevent that con-
sonCion from heln2 improperly expanded into
a.! an lnetI Iuihent OF dlScord, by affecting inter-
ests and accomplishing results wholly outside
OF ahn contrary to its object and intenf. by
alowlpg 1t to become an agency to interfere
with and perhaps destroy those reciprocal
commercial privileges and facilities be cen
heighoorlng communities which con-
tIlDute so import antly to their
peace ana happiness. 1t Is obviously essen
IldlsInat the administration of the laws regu-
iatlng Canadian inshOre fishing should rot he
conducted In punitive and hostile spirit
whlch can only tend to induce acts OF a re-
taliatory nature. Everything Will be done
oy the United States government to cause
ther cltizeDs engaged in fshing to conform
10 Ghe obll2atons OF the treaty and prevent
an lniractiou of the fishing laws of
the British provinces; but it is equally neces-
sary that ordinary commercial intercourse
snoulQ not be in errupted by harsh measures
and nnfriendly administr .tion.
nave the honor, therefore, to invite
frank expression Of your views upon the sub
Ject, believing that should any differences of
opinion or disagreement as to facts exist they
VIII be found to be so miDimzed that an
accord can De established for fun protection
OF the lnshore fishing of the British provinces,
without ObstruEting the open sea fishing
operations OF citizens of the United States
or disturbing the trade regulations now SUBJ
slstlng between The countries.
ADDITIONAL INFORMATION.
Secretary Bayard having received fur
ther Information in regard to the seizure
OF the David j. Adams, again wrote Min
lister West concerning that vessel, saying:
A report received by me Yesterday evening
alleges such action in relation to the vessels
mentioned as renders it difficult to imagine it
to be that orderly proceeding and due process
of law SO well known and customarily exer-
clsed IN Great Brita n and the United States,
and which gnlfes the Two governments and
gives to private rights of property and liberty
OF individuals their essential safeguards
On May % Secretary Bayard wrote to
Minister West:
l have telegraphed to Mr.. Phelps urging
the advantage aud need of nv coming To
a q II hiOtr
pr essive of the views of the two parties to the
treaty. My conviction strengthens as to the
Importance of having stop put at once to
veXatlouS interpretations and action by local
authorities, which can only hinder an AMIGA
bic accord. and have asked that these seiz-
ures be suspended without prejudice 10 legal
results pending an authoritative treatment
OF the main question. H. surely cannot be the
purpose of the provincial authorities
to embarrass the two countries, by whom
alone the Issues are recognizable. A frank
and friendly spirit has been exhibited by both
governments in abstaining from any demon
stration OF naval forces in provincial waters
and 1t is desirable that this should be con-
tinued, as it will add to the moral Impressive
ness Of any settlement we may arrive at.
A simple acknowledgment of the re.
ceipt of this communication and notice of
its reference to the Minister of Foreign
Affairs was the only reply made to this
letter.
On May 90 Mr.. Bayard wrote Mr.. West
calling his attention to the pending Cana
dian legislation, having for its object
f0rcible search, seizure and forfeiture OF
any foreign vessel within any harbor In
Canada, or hovering within three marine
miles of any of the coasts, bays, creeks
or harbors in Canada, where such vessel
has entered such waters for any purpose
not permitted by the law of nations, or
by treaty or convention, or by any law of
Ina NF 10
now in force, which Mr.. Bayard de-
scrbes as a wholly unwarranted prop
osition of the Canadian authorities,
through their local agents, arbitrarily to
enforce, according to their own construC-
tion, the provisions OF any convention be-
tween the United States and Great
Britain. and by the Interpolation OF Ian
guage not found in such treaty, and by an
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 any circumstances by virtue OF tue
treaty stipulation with Great Britain and
statutes in that behalf made and provided.
ENGLAND WARNED.
Secretary Bayard adds that he has tele-
graphed Dir. Phelps, our Minister at Lon
don, to make an earnest protest to Her
Msjesty's government against such arbi-
trary, unlawful, unwarranted and un-
friendly action on the part of the Cana
dian government and its officials, and has
instructed Mr.. Phelps to give notice that
the government of Great Britain will be
held liable for all losses and injuries TO
citizens of the United States and their
property, caused by the unauthorized
and unfriendly action Of the Canadian
officials, to which have referred. Notice
OF additional seizures was given MIR.
West by Mr.. Bay ard, and protests en-
tered on June >. 7 and II, and notice was
given OF the acts OF the Canadian Gus
TOMS officers restrictive OF the CONNER
cial privileges Of American vessels.
Under date Of June ., Mr.. Phelps adj
dressed communication to the Earl of
Roseberv, in which he makes reference to
held with his lordship and
stating that he had since received full de-
tails of the seizure of the David j. Adams.
The question presented is, whether under
the terms " the treaty. and the construction
placed upon them Ia practice for many years
by the British government, ana IN view o.
The existing relations between the Uniied |
states and Great Britain, that trnnsactl af-
forls suficient redsDn for max ug such seizures
and for proceeding under IL 10 the contsca-
ton OF the vessel and its contents. ! am not |
unaware that the Canadian authorities, con- |
acious, apparently, that the Affirmative OF TINS |
could not be maintained, deemed |
il advisable to supplement II with charge |
against the vessel OF 4 violation OF the cana |
dian customs act Of 1888, In not reporting I
her arrival AT Dlgby to the customs |
Dnlce, but this charge was not the |
one on which the vessel was seized, or |
which must now be rrinoipally relied on for |