The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1886-04-08
AUTHORITY USURPED.
A New View OF Canada's Action
Against Our Fishermen.

The American Schooner Hattie Maud Is at
md shipping crew The captain says that
he has 10 instructions TO the contrary, A
number of fishermen will leave Liverpool to-
morrow by schooner to join American fish
ing vessels, American firms have telegraphed
that they will pay their passages, In an in.
terview with American Consul General
Phelan at Halifax, ~ s., reccutly, he raised
the new and important question that, in his
opinion, Admiral Scott in his ilag ship
Lansdowne, while having fun authority to
enforce am provincial laws regarding
fisheries consistent with treaty rights, has
no authority whatever TO enforce provisions
OF the treaty of ISIS without being commits.
stoned by the imperial government, and that
all injury to American citizens or property
resulting from any attempt of the Canadian
officials to usurp the authority of Great Drl-
tain would DO good ground Tor a claim for
damages against the British government, He
looks upon the Canadian government as IN
the same position as regards national exis-
tence, as the English government doubtless
regards the State of New York, neither be-
ing authorized to make or enforce treaties,
But has not the imperial government au-
thoriZed Canada to enforce tue treaty pro-
visionsH
"She may have; but did the United States,
delegation of imperial authority to the
colony: Suppose the United States delegated
to the State If Massachusetts, authority to
enforce federal treaty Obligations against
Great Britain, and a village constable, under
local authority, seized Il British vessel for
alleged technical violation of the treaty of
1918, what would the English government
say about III They would certainly not sub
NIT to any such proceeding, and that is the
position that i'll my Judgment we should
take in this same connection. Notwithstand-
ing increasing abuse of the provincial press
in choracterizng American G>hermen as
pirates, robbers, etc, etc, and the many vex-
atiouS questions that will inevitably arise
growing out of eGisting atfai s. | have no
fear of any serious trouble arising with Great
Britain, as the latter has no disposition or
interest in the violation Of either the letter or
the spirit of the treaty, aud will not permit
it to be done"
An Ottawa, Ont. dispatch says: A dis
cussion took place in the Canadian house of
commons recently on the claims of American
fishermen for damages in Aspcy Bey and
Newfoundland affairs being allowed to be.
come preCedents American fishermen had
broken certain municipal laws aud the III
hahitants of Newfoundland i'll one case and Of
Cape Breton in the other, had taken the law
into their own hands. The British govern
mant, without cons llting Il colOnists, had
made compensation. Mr.. Mitchell, the min
istel of fisheries, moved for all the corrcspon-
dence, alleging that danger existed of the
present Canadian government allow
ing it to become precedent, and so hamp T.
ing necessary action in protecting the fisher
les in the now altered state of things The
government explained that Canada had pro-
tested against England'S action in making
this compensation without consulting Canada,
and that nothing had been done that could on
would III any way hamper Canada i'll en-
forcing her own laws governing the fisheries
within the three mile limit The minister of
justice however, said that, though Americans
| in these two cases had incurred the penalties
OF tie law, that fact did not render thcn LA
hle to mob punishment, Which they had
| suffered