The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-12-09


seph Story ard schooner David j,
Adams. After pointing out The lille
gsGty OF the seizures, the Secretary
sayH:
''The seizure Of The vessels have
mentioned, and certain publisht d
warnings purporting to have been
issued by the colonial authorities,
would appear to have been made
under a supposed delegation OF juris-
diGnon ny The Imperial Government OF
Great Britain, and to ba intended to
include authority 10 interpret and en-
force the provisions Of the tr,aiy OF
1918, towhich the United States and
Great Britain are the contf acting par
ties, who can alone deal reasonably
with questions arising Hereunder.
The effect Of this 'lonial legislation
and executive Interpretation, il exc
cuted according 70 the letter, would be
not only to expand the rest ictous
aud renunciations of the treaty of
1878, which rela es solely to iDshoTe
6shery within the three mile limit,
so ss to effect the deep sea fisheries,
the right to which remained unques-
tiont d and unimpsired for the enjoy.
mept of the citizens of the United
States, but further to diminish and
practically to destroy !he privileges
expressly secured to American fishing
vessels to visit these inshore waters
for the objects of shelter, repair of
damages, and purchasing wood and
OBJ aiming water"
AS 1t is admitted that the deep sea
fishing was not under consider alton in
the neg citation OF the treaty Of 1918,
nor was affected thereby, and ae the
use of bait for inshors ii shipg has
passed wholly into disuse, the reasons
which may have formerly existed for
refusing to permit American fisher.
men to catch or procure bait within
the line of marine league from the
shore, lest they ehould also use it in
the same Inhabited waters r the pur-
pose of catching other fish, no longer
exists. AS, the, efo,e, there
is no longer any ipdncement for
American fishermen to dry and cure
tilh on the interdicted co lets Of Ca
madam Provinces, and as bait is no
longer used or needed by them flor
the prosecution Of iDshore fishirg) in
order 80 take fish in the inehore
waters to which the treaty Of 1918 |
alone relates ] ask you to consider |
the results OF excluding American YES
sells possessed of permits from their
own government to touch and trade at |
Canadian potts, as we'll as to engage in |
deep sea fishing, from exercising tree
ly the same customary and reasonable |
rights aud privileges Of trade in the
ports of the British colonies as are
freely allowed to British veaeels in all
the ports of the United s .ates
have been led to offer these consid-
erations by the recent seizures of
American vessels to which have ad.
verted, and by indications Of local
spirit Of Interpretation in the Prov
inces affecting friendly intercourse,
which is, l firmly believe, not war
ranted by the terms Of the stipula-
tions on which it processes to rest. Il
is not my purp)se to prejudice the
facts of the cases, nor have any dc.
sire to shield any American vessel
from the consequences OF violation Of
international obligation. The views
advance may prove not to he ap-
p!icable in every feature to those
particular cases, and should be glad
if no case whatever were to arise call
ing in question the good understand
ing OF the two countries in this regard,
in order to be free from the grave ap-
pIehensions which otherwise / am
unable to dismiss. 1t would be most
unfortunate, and, ] cannot refrain
from saying, most unworthy,
if the two nations who contracted
the treaty Of 1878 should permit any
questions of mutual right and duty
under that convention to become OBJ
scured by partisan advocacy or dis
torted by The heat of local interests.
1t cannot but be the common aim to
all discussion in this regard
with dignity and in self respecting
spirit that will show itself intent upon -.
securing equal justice rather than un- t.
equal advantage" Every. /;
hing will be done by the United
States to cause their citizens engsgad
n fishipg to conform to the obliea- :
ions Of the treaty and prevent any
OF the fishing laws of the I
British Provinces, but it is equally
that ordinary commercial a
Intercourse should not be interrupted 9
by harsh measures and unfriendly nd O
1 have the honor, there a
ore, to invite frank expression O. a
vour views upon the subject, believ- C
Dg that shou any differences of b
opinion or disagreement as to facts
xist they will be found 10 be so min
mised that an accord can be estab- a
ished for the full protection OF the " y
nshore fisheries Of the British Prov. D
ncss without Ob5tructing the open y
ca. fishing operations of the citizens "
I the United States or disturbing the n
rade regulations now existing be. I'
ween the countries" d
On May 20, 1886, Secretary Baysrd d
ddressed second letter to Min ster ~
Vest concerning the continued de- .
9ntlon of the schooner Adams. He ~
efers to the unrestrained and, what "
ppeaIs to him, unwarranted, irYepu- ~
lr and severe action of Canadian a! ~
fficials toward American vessels, and ~
leir apparent disposition to- use the ~ y.
lost extreme and technical reasons y,
" interference with vessels not en- III
a}ed in or intended for inshore fish. Pa
ig on their coast, and relates at con- la
d srsble lergth the circumstance s 'e
,nnected with the eeizure of the tn
dams. He concludes the letter as
flows:
II trust you will Join me in realiz. Ca
Il the urgent and essential 'impor- Gu
nee OF restricting all arrests OF Amer pl,
an tiehing vessels for supposed or trt
legged violations Of the convention OF co
'lS with the limitations and co1di. on
ons laid down by the authorities of col
reat Britain in 1870, namely: That tn
, vessel shall be seized unless it lie ms
'ident and cen be clearly proved that err
g offense of fishing has been com hs
tilted and the vsss d itself captured sp,
thin three miles of land. In regard zig
the necessity for the instant impc- thC
ion of such restrictions upon the ar thi
st Of vessels, you will, believe, got
rec with me, and 1 will therefore the
K you to procure such steps to be res
ken ss shall cause such orders 10 be rel