The Brookhaven leader., 1886-12-16
THE FISHERIES.
Correspondence Between the State
Departm ent and Great Britain. l.

,+a ats >. ----4S8 s&@ 2 p
Correspondence Between the State
DEPARTING and Great Britain,
81 u J%s .-bap III '9Eg .as-
WASHINGTON, Dec. 9.-The1 President
yesterday transmitted to Congress Secre.,
iary Bayard's correspondence with the
British Government respecting the Cana:
dian fishery troubles and seizures of Amer
lean vessels. ThsfolIowing Is Mr.. Bayard's
letter to the, President ad .v~ausi.~. = :,
T.. DEPARTMENT OF STATE,
= pa@ WASHINGTON, Dee. " 1883. ~
The he Secretary Secretary of States has the i1onors to
submit to the President, with view to its
communication to Congress, the coriesp0nd-'
ence relative to the fisheries i'm the waters
Id jact mt to British North America. which
has As taken place during the present year. II
will Disclose the action. of this department
and of our Minister TO Great Britain, in rela-
ton to the disputed construction Of the CON-
vention OF lsls, and what has been done TO
procure such all interpretations t,f ms provs-
ttsat in ms r,s,a ert. ana snt Sithes hees
mutual interests and honor. From time to,
time, since the conclusion or the treaty OF
1915 differences have ar sen between. the
two Governments as to the extent OF the re-
nuncatiOn bys the United States OF their
former fishing rights in common IN the ntoral
waters of. British North America, and the
true definition of the rights and privileges
retained by and expressly guaranteedto the
United States in the first article of that con-
vcnton. .ys,aF -.
The history Of this question during the
per cd from 1878 to the present time has
been one of unsuccessful attempts to adjust
the respective claims and occasionally the
d difficultieS have been bridged over by tenn
porary arrangements, notably by the treaty
OF Washington, of June 8, 1874, and of the
nf ttnct I, r,frfn nF - Y hS IN.
cry articles of both of the latter having been
abrogated by the United States on June ~,
1855.
1t is deeply to be regretted thatthe efforts
of this department to arrive at such an agree
mcut as would permit instruct oils OF hike
tenor to be issued by the Government of
Great Britain and the United States, to guide
the citizens of the, respect We national. ties
in the unmolestcd exercise OF their rights of
fishing in the waters in question, and defn-
ing the limits ut lawful action therein. have
not as yet fedthed = final and sat sfactory re-
suit,
Although propositions are now pend ng for
cons dcratioh, which. it is hoped, may prove
the bas of n Just and permanent settlement,
yet as supplementary TO the publ shed his
l. tory of this long standing Subject, as illus
, trating the obv Gus necessity in tho interest
OF am.ty and good neighborhooG. OF bavtng
a clear and well defined understanding of the
relative rights of the two Governments and
the respective tizens, it is considered cX,
ped entt that Congress should have full
| knowledge of the actions of the Executive in
the premises to assisttheni in their ael;bera-
tions on this imporlant subject;
1t will be observed in the coufSB OF this
correspondence that notification has bot
failed to be duly given to the Government of
Great Britain that compcnsat on is expected
for the loss and damage caused to American
fishermen by the unwarrantable acton of
the local authorities Of the dominion
of Canada. not merely BY the
summary seizure OF their vessels ana M
vance of hearing and judgment, but for the
curtalment of privileges to WHICH they were
justly entitled under commerc al re eguintlons
as well rs treaty st pulations, aud the con
, sequert interference with their Iegit mate
voyages. whereby the natural profits ofthcr
industry were, set6us;y fi!ihishc$ and in
many cases wholly destroyed.
1t would seem prnper that STEPS in perpet-
uaim re memofiaIn Should be takeH by
Congress to allow proofs to lie made and
juries to our citizens, to enable them to be
properly presented to her Majcsty's Govern
ment for settlement, ana that for this pur
pose a commission should be authorized By
Congress to take the necessary proofs of the
respective claimants. Respectfully sub
mtted, i. 4. BAIARD.
The correspondence opens with dispatch
of date March 10, 1856, from Sir Lionel 5.
Sackville West, the British Minister, to
Secrerary Bayard, transmitting a request
Of Earl R0sebery. to be informed whether
it is the intention of the United States Gov
ernment to give notice to the United States
/. fishermen that they are now precluded from
fishing in British North American territorial
waters, as her Majesty's Governments are
, now considering the eXpediency of issuing
a reciprocal notice with regard to British
! fishermen in American waters. J. 3 sss &
To the COMMUNICATIONS Secretary Bayard
replied under date of March 80, ''that the
fishery question is now. understood to resi-
;cfi frat fi,c thnuUI
: fishery articles had been incorporated in
the treaty of Washington"
Hs adds "Ih view of tho 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 1918 to take
fish within tho three mile limit in certain
definite parts of the British North American
; coasts aud to dry and cure fish there under
certain conditions, this Government has nut
found it necessary 10 notify fishermen thai
| they are now preciuded from fishing in
, British North American territorial waters"
Under date of Washington, May 10, 1885,
Secretary Bayard wrote a long letter to
Minister West concerning the seizure OF the
American schooner Joseph Story and the
schooner David j. Adams.. After pointing
ont the illcgality of the seizures, the Sccre'
tary says: s+ - ~ .ssf,f-,o g
/ The seizures of the. vessels l have men
toned and certai in published" warnings. pur
porting to have beet issued by the colon al
authorities, would appear to have been made
under Il supposed delegation OF jursdi ct on
by the ielper al Government of Great Brit
ain and TO be intended to include authority
ito interpfet sand enforce the pr0vs .ons OF
1.-the treaty of 1878, to which the United Stgtes
and Great Britain are the contracting paM es.
! w h0can alone deal reSponSibly with queS-
tfOOS arising Hereunder.
I, The effect OF tdis colonial legislat onand
executive interpretation, II executed accord
ing to the letter, would be rot ONLY to cx-
+ pand the restrictions and renunc'ations of
The treaty of 1878, which related solely to in
shore fishery, within the three mile Emit so
I as to affect the deep sea hsheres, the ght
to which remained inquest oned and unIm-
paired from the enjoyment of the citizens of
the United States, but fupher to DIM
sh and to destroy the
waters for the objects Of shelter. repair oi
damages and purchasing wood and obtaining g
mitted that the deep sea fishing was not
under consideration in the negotiation. ot
| the treaty Of 1878, nor was affected thereby
and as the use of bait forinshore fishing has
passed wholly into disuse. the reasons which
may formerly have existed for refusing to
+ permit American fishermen to- catch or pro
from the shore lest they should also, use Il
+ in the same inhibited waters for the purpose
| of catching other fish, no longer exist. =
| AS therefore there is no longor any .induce
| cure" fish on the interdicted coasts of the Ca
madam PROVINCES and as halt is iposslongel
ussa Or needed BY them for the prosesnt6i T. p
IA the inshore waters to WHICH the treaty .ol
I lalS alone relates, l ask you to consider The
\ rasuifssof excluding American vessels DUH
ment to todch ana s trade Il % tsnaisa ports d
/ we'll as TO engage in deep sea fsblngTfr0u