Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1886-12-16
THE FISHERIES.
Correspondence Between the State
Department and Great Britain.

yesterday transmitted to Congress Secre-
tary Bayard's correspondence with the
British Government respecting the Cana
dian fishery troubles and seizures of Amer
lean vessels. The following is Mr.. Bayard's
letter to the President:
DEPARTMENT OF SrArE,a I
WAsHISGToN, Dee. 8. 1886. 4
The Secretary of State has the honor to
submit TO the President, with a view to its
ence relative to the fisheries in the waters
ad jace mt to BritiShO North America. which
will sclose the action OF this department
and or our Minister to Great Britain, In rela-
ton TO the disputed construction OF the con-
vention of 1915, and what has been done to
procure such an interpretatIOlsIOf IFS prOvis-
that instrument. and consistent with the
mutual interests and honor. From time to
time. since the conclusion of the treaty or
1els. differences have ar sen between the
two Governments as to the extent OF the re-
nunciation by the United states of their
waters of British North America, and the
true definition of the rights and privileges
retained by and expressly guaranteed TO the
United States i'll the first article of that con-
vention.
The history of this question during the
period from 1918 to the present time has
been one OF unsuccessful attemptsto nd just
the respective claims and occasionally the
difficulties have been bridged over by tenn
pOrary arrangements. notably by the treaty
OF Washington, of June SO 1854, and of the
cry articles OF both OF the lStter having been
abrogated by the United States on June ~.
1855.
1t is deeply to be regretted that the efforts
of this department. to arrive at such an Agree
ment as would permit instructions of like
tenor to be issued by the, Government of
Great Britain aud the United States, TO guide
in the unmolested exercise of their rights of
fishing in the waters in question, and dehn-
ing the limits of lawful action therein have
not as yet reached a t1nal and sat. sfactory re-
suit.
consideration, which. II is hoped. may prove
the basis of II just and permanent settlement,
yet as supplementary TO the published his
tory of this long lstanding subject, as Illus
trating the obv Gus necessity in the interest
OF amityS+Ad good neighborhooc, of having
q clear and wei defined understanding of the
relative rights of the two Governments and
Their respective CITIZENS, it is CONSIDER ed eT;
knowledge of the actions of the Executive in
tue premises to assist them in their delibern-
tons on this important subject.
It will he observed in the course of this
correspondence that notification has not
failed to be duly given to the Government of
for the lossCand damage caused to American
fishermen by the unwarrantable action OF
e on Canada 6ot 1f iSe bp tRe
summary seizure of their vessels and
vance of hearing and alignment. gat for the
curtailment of privileges to which they were
justly entitled under commercial regulations
as well as treaty st pulatiOns, and the con-
seQuent interference with their legitimefe
voyages. whereby the natural profits of their
industry were seriously unfinished and in
many cases wholly destroyed.
1t would seem proper that steps in pcrpet-
uaim rel memoriam should be taken by
Congress to allow proofs to be made and
placed upon record of these losses and in
properly presented to her Maiesty's Govern
ment for settlement, ana that for this pur
pose a commission shoul Id be authorized by
Congress to take the necessary proofs1Uf the
respective claIupants. Respectfully sub
mitted, Il. +. BAYARD.
The correspondence opens with dispatch
of date March 49, 1885, from Sir Lionel S.
Sackville West, the British Minister, to
Secretary Bayard, transmitting a request
of Earl ROsebery to be informed Whether
it is the intention of the United STATES Gov
ernmenJ g give notice to the U~4Sed States
fishermen that they are now precluded from
fishing in British North American territorial
waters, as her NPajestyO Governments are
now considering the eXpedency of issuing
a reciprocal notice with regard to British
fishermen in American waters.
To the communications Secretary Bayard
replied under date of March %, that the
fishery question sls now understood to reSt
on existing treaties precisely as though It9
fishery articles dad been Incorporated in
the treaty of Washington"
He adds: I'm view of the enduring ma
ture and important extent of the rights Sc
cured to American fishermen in British
North American territorial waters under
the provisions of the treaty of 1878 to take
fish within the three mile limit i'm certain
definite parts of the British North Asperican
coasts and to dry and cure fish there under
certain conditions, this Government has not
found it necessary to notify fishermen that
they are now precluded from fishing in
British North American territorial waters"
Under date of Washington, Clay 1c, 1856,
Secretary Bayard wrote a long letter ito
Minister West concerning the seizure of the
4,
schooner David j. Adams. After pointing
out the illegality of the seizures, the Seere-
tary says:
The seizures of the vessels I have men
toned and certain published''warnings." pur-
porting 10 have been issued by the colon al
authorities, would appear to have been made
under a supposed delegation of jurisd ictIOH
by the imper al Government of Great Brit
ain and to be intended to include authority
To int4rpreG and enforce the provisiouS of
the treaty of 1915, to which the United states
and Great Britain are the contracting parties
who can alone deal respOnsibIy with queS-
tons arising hereunder.
The effect of this colopial legislation and
executive fnterpretatien, if executed accord
ing to the letter, would be not only to ex-
the treaty OF ISIS. which related solely TO in
shore fishery, within the three mile limit so
as affect the ueep sea fisheries, the right
TO which remained uuQuestloned and unm-
paired from the enjoyment OF the cit zens of
inish and practically TO destroy the
privileges expressly secured to Amer
waters for the objects of shelter, repair Of
damages and purchasing wood and Obtaining
water. AS II q add
mitted that the deep sea fishing was not
under consideration in the negotiation of
the treaty of 1878. nor was affected thereby.
and as the use of bait for inShore fishing has
passed wholly into disuse, the reasons which
= may formerly have existed for refusing TO
= permit American fishermen to catch or pro-
ctere bait within the line of a marine league
o frbm the shore. lest they should also use il
lin the Same inhibited waters for the purpose
3 of catch ng other fish. no longer exist
AS therefore there is no longer any induce
ment for American fishermen to dry and
cure nsh On the interdicted coasts of the Ca
madam provinces, and bait is longer
used or needed by them flor the prosecution
of inshcre fishfHg) in order to take fish in
the inshore waters, to which the treaty of