The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-25

had been decreed BIZ an overwhelming vote OF
both branches of Congress. and was now made
final and effective by the Presidents prociama-
tion. This course had been earnestly desired by
the American fishermen was fully understood
by them, and was completed without protest
from single citizen of the United States
Five weeks after President Arthur's proclama-
ton was issued, his term closed, and with the
new administration Mr.. Bayard became Secre-
tary of State. In three or four days after ne
had been installed in Office the British minister;
Hon. Sackville West. submitted proposal TO
continue the reciprocal fishing arrangements I'M
til Jan. ], 1886. After q brief correspondence,
Mr.. Bayard accepted the offer In other Words
Mr.. West and Mr. Bayard made treaty OF their
own, by which American fishermen were to be
allowed to fish in British waters six months
longer, and British fishermen should freely fish
IN American waters Eos shr same period. When
Mr.. West first proposed this extension of time,
in his note of March H. he based his
suggestion solely upon the generous
ground that as the treaty would terminate
during the fishing season considerable hardship
might be occasioned to American fishermen If
they were compelled to desist fishing at that
time.' This exact point had been foreseen, had
been carefully considered by Congress. by the
President, by the State Department, and by the
American fishermen themselves In popular
parlance, they had discounted it." and were
were fully prepared for it when, to their exceed
ing surprise, the British minister seemed to be
moved with compassion for their possible suffer-
iugs. Apparently without other motive than
disinterested benevolence, Mr. West was anx-
iOus to allow them six months more or that pre-
cious time which the Halifax commission had
declared to be worth to American fishermen q
half million dollars per annum.
But reading little further in this remarkable
diplomatic correspondence, we find that Mr..
West, instead of acting from motives of pure
generosity towards American fishermen, was
really paving the way for shrewd trade and
new treaty. A regular understanding between
himself and Mr.. Bayard was reduced to writing,
showing that he received large consideration
for leaving the British waters open to American
fishermen six months longer The consideration
was pledge from Mr.. Bayard, under date of
June 10, 1885, that the President would, at the
next session of Congress, recommend the APP
pointment of a commission. in which the govern
ments of the United States and Great Britain
shall be respectively represented, charged with
the consideration and settlement, upon a just,
equitable and honorable. basis, of the entire
questions of the fishing rights of the two gov
zens on the coasts of the United
States and British North America" the
stipulation was definite and reduced to
writing that sin view and in consideration of
such promised recommendations by the Pres-
dent" the British would for the ensuing six
months enforce restrictive regulations against
American fishermen. In addition to all this Mr..
Bayard gave significant intimaton to Mr.. West
that the refunding of duties meanwhile collected
under our customs laws upon Canadian fish might
be brought before the commission thus prom
ised.
Accordingly in the following December six
and half months after Mr. Bayard's memo
randum pledge that the President would make
the Recommendation to Congress, the President
actually did incorporate it in his annual message.
and give in language which was transcript YER
batim of the words which Mr.. Bayard gave to
Mr. West. 1t would certainly be apart from my
desire to pass any personal criticism upon the
President, of whom / wish at all times
TO speak in terms of respect, but, viewing
this as a public question and speaking only
with the freedom of a private citi-
zen, l must express my belief that this
transaction was throughout most extraordl-
nary and unprecedented. 1t was extraordinary
and unprecedented and altogether beyond his
proper power for Secretary of State. in the
recess of Congress, to revive any part of treaty
which Congress had expressly terminated; it was
extraordinary for a Secretary of State to begin
negotiations for the renewal of treaty which
every department of government mad just
united in annulng; it was extraordinary for a
Secretary of State to enter into trade with
foreign minister for present benefit to be paid
for by the future action of the government, and
most Of all was it extraordinary that pledge
should be given to foreign government that
tho President of the United States should in the
furthermore than half year distant make
specific recommendation, on specific subject,
in specific words TO the Congress of the United
States. That pledge was given and was held
in the British Foreign Office in London,
and it took from the President all the power of
reconsideration which the lapse of time and the
change of circumstances might suggest and i'm
pose. 1t robbed the President PRO hac vice of his
liberty as an executive. He was no longer free
TO insert in his annual message of December
what might then seem expedient on the question
OF the fisheries, but was under honorable obljga-
tons to insert, word for word, letter for letter
| the exact recommendation which the Secretary
of State, In the preceding month of june had
promised and pledged to the Britist Ministry
The matter presents curious speculation in the
working of our government. What, for instance
could or should the President have done if be-
fore the date of his annual message he had be-
come convinced, as a large majority Of the SEN
ate were convinced, that it was not expedient to
organize an international commission on the fish
cries He would then have found himself en-
barrassed between the pledge given to foreign
government, in June, and his convictions of duty
to the citizens of the United States, in the ensu-
ing December.
Congress could not be induced to concur in the
Presidents recommendation for an interna tonal
commission on the fisheries, and so the scheme
for which Mr.. Bayard and Mr.. West had made
such extraordinary preparations came to naught.
1t would have been strange indeed if any other
result had been reached. Congress had for sew
eral years been diligently endeavoring to free
the country from the burden of the treaty pro-
visions respecting the fisheries. and it could not
be expected that they would willingly initiate
measures for a treaty that would probably
in the end be filled with provisions as odious and
burdensome to the American fishing interest as
those from which they had just escaped.
AS soon as it became evident that Congress
would not accept the proposal for now
commission the governm snt of the Dominion
of Canada, with the presumed approval of the
imperial government, began series of out
RACES upon American fishing vessels and fish
ing crews-seeking in every way to destroy
their business and to deprive them of their
fishing rights. That course continues to this
day and is adopted by the Canadian governments
with the deliberate intention and obvious ex-
pectation of forcing concessions from this gov
eminent. few facts in the long controversy
over the fishery question may be pertinently re-
called as bearing on the present situation
Let us frankly admit at the outset that we are
governed in this matter by the terms of the
treaty of 1878. OF the injustice of which this