The Brookhaven leader., 1886-12-16
The Bfoekhaven Leader.


from the. grave, appreii ensions which other.
wise am unable to Dismiss! .@ :, = -
1t would be most, unfortunate and.a eaP
not refrain from saying, mose un~ortny,la1
the nations who contracted the treaty or Iclo
should permit any questions OF mutual.rghI
and duty under that convention TO become
obscurcd by partisan advocacy or distracted
by heat or local interests ftcan not hut pc
tho common nimt9 .copduei az d,sGsussi2g s "
this regard With dRnE N seIepeef
securing equal Justice rather than ESn1S E1saasi
thing Wlsbesaene hy tie nntted let S.htss to
conform ta the obligations Of t,e treaty ana 10
no prevent an infracffon of the hsbing Jaws OF
the British provinces; buttt 10 equRIy
sary that ordinary commercial ihtercourse
should not be interrupted By harsh measures
and unfr.endly administration.
/ haye the honor, therefore, to invite q
frank expression OF fyoqgyieWS upoIrtne suts-
ject. believing that should any differences OF
CDinion On d1sagreement as 70; fActs e4 istsS
they will be round, to be SO inin,inIzed tnat
an accord can be established for the fph pgo-
lection of the inshore fisheries or the British
provinces without 0bstructing the opense4
iishing operations of the eitzeps OF Of the gn,-
tions now subsistihg between the .eountries.
Under date of NOyeniber e, Secretary
-Bayard advises Minister Phelps OF the
seizureKof sth04 Marvin crimes ands the ems
forced lowering OF the American flag by
Captain Qnigley, Of the Canadian cruiser,
Terror. LII commenting Oh this case tho
Secretary says:
1t seems hardly necessary to say that 1t is
not until after condemnation by "a prize
court that the nstVi;-l flag OF a vessel selzed
as prize of war is Hauled down by%her caps
tor. But a fOrtiori is this principle to apply
in cases OF customs seizures where fines only
i!lre imposed, and where no hell!serency
whatever exists. In the port of New York
and others of the countless harbors of the
| United States, are merchant vessels to-dSy
| flying the British fag,vwhlch, from time to-
! time, are liable to penalties for violation of q
custom laws and regulations But ba se yet
| to learn that any official assuming. directly
or indirectly. to represent the Governments
| of the, IN ted States, would under such CIR
! eumstances" order down or fOreibly haul
| down the British flag from a vessel charged
| W tn such irregularity; and now l assert
| ernmeIlt, after Beng Informed of 1t, would
| not wait for n complaint from Great Br tain
but would at once promptly reprlmand the
| parties concerned in such misconduct, and
would cause the proper expression OF regret
to he made.
Under date of June .a7, Minister Phelps
|. addressed communication to the Earl OF
| ROsebery. protesting IN flc name OF the
| United States Government, against 4the
| seizures made by the Canadians, as wholly
linwarrantcd by the treaty OF 1918, request
| ing the release Of the vessel, and informing
| him that the United States would hold her
| Maiesty's Government responsible for all
losses sustained by American citizens, grow
| ing out of the seizures. The question
| now is" says Minister Phelps, mot
| what fresh treaty may or might be desirable.
! but what is the true and just construction,
as between the two nations, of the treaty
! that already EXISTS. "Thc Government of
| the United States approaching this ques-
| ton in the most friendly spirit, can not
| doubt that it will be met by her Majesty's
| Government in the same spirit, and feels
| every confidence that the action OF hef
| Majesty's Government in the premises will
| be such as to maintain the cordial relations
| between the two countries that Lave SO
long happily prevailed"
The correspondence closes with a letter
from Minister Phelps to Earl Rosebery, in
| which he coinbats the position taken by the
! Earl that her Majesty's Government eau
! not fake action in the matter of the seZ-
ures, because the Canadian courts are con-
! sidermg all the cases In dispute .hfr. Phelps
| maintains that the United States must look
| to the bone Government for redress and
satisfaction and for such instructions TO the
| colonial authorities as will prevent future
| seizures. He suggests, as means OF pre-
venting Further collisions between tile
| American fishermen, and Canadian officials
| that an ad interim construction of the terms
! of the existing treaty be reached by mutual
consent, to be carriedout informally until q
more permanent understanding ps reached.