The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-12-09
SECRETARY BAyARD'S LETTER
TRANSMITTED
TO Congress ThrOugh the President,
Suggesting Remedial Legis-
latiOn.
CORRESPONDENCE WITH GREAT
DRI tAIN
Relative to the Rights OF American
Fishermen in British North
America.

a
hitting to Congress the communities
ton Of the Secretary OF State and cor
respondence relating to the fisheries
EXECUTIVE MANSION, washington,
December s, 1886.
To the Senate and House of RepresentstiVes
/ transmit herewith alet:er from tn,
Secretary of State, which is accom-
panied by the correspondence in rela
lion to the rights of American fisher
men in the British North American
waters, aud commend to your fsvora
BILE consideration the suggestion that g
commission be author x3d by law Ia
take perpetuating proofs OF the Losses
Bus aimed during the past year by
American fishermen, owing to the IN.
friendly and unwarfanted treatment
by the local authorities OF the mari
time provinces of the Dominion Of
Canada. may have occasion here
after to make farther recommends.
lions during the present session for
sucL remedial legislation as may be
necessary for the protection of the
rights of our citizens engaged in the
open sea fisheries in the North At
lsntic waters.
GROVER CLEVELAND.
Mr.. BAYARD's LETTER Is AS FOLLOWS :
DEPARTMENT OF SrATK,
WASHINGTON, Dec mber 8, 1886.
To the President:
The Secretary of State has the honor
10 submit to the President, with a
view to ITS communication to Con.
gress. the correspondence relative to
The fisheries in the waters adjacent
to British North America, which has
taken plscs during the present year.
1t will disclose the action of tn de-
partment ard of our Minister to Great
Britain in relation to the disputed
construction of the convention of
1918, and what has been done to pro-
cure such an interpr tation of its pro-
visions ss will be acceptable to b tn
parties to that instrument and con-
Bistent with their mutual interests and
honor. From time 10 time, since the
conclusion of the treaty of 1918, diff
ferenceH have arisen between the two
governments ss to the extent of the
renunciat!on by the United States of
their former fishing rights in the lit
toral waters OF British North Anne lea,
and the true definition OF the rights
and privileges retained by and ex-
pressly guaranteed to the United
States in the first article of that con.
vention. The history of this question,
during the period from 1918 to the
present time, has bean one OF
unsuccessful attempts TO adjust
to the respective claims, and
occasionally the difficulties have been
bridg, d over by temporary strange
ments, notably by the treaty Of Wash.
ington OF June 5, 1854, and the treaty
OF Washington of May s, 1871, the
fishery articles OF the latter both Of the
latter having been abrogated By the
United States on June 80, 1885. It is
deeply to be regretted that the efforts
Of this department to arrive at such
an agreement as would permit instru;-
tons OF like tenor to be issued by the
Government of Great Britain and the
United States, to guide the citizens Of
the respective pa.ionalities in the I'M
molested exercise OF their rights of
fishing in the waters in question, and
defending the limits of lawful action
therein, have not SO yet reached q
final and satisfactory result. Although |
propositions are now pending for con-
sideration, which it is hoped may
prove the basis of just and perma.
nent settlement, yet as supplementary
to the published history OF this long
standing subject rs illus rating the
obvious necessity in the interes. of
amity and good neighborhood, Of hav-
ing clear end we'll defined
understanding of the relative
rights OF the two governments
and their respective citizens, it
g considered expedient that Congress
should have full knowledge Of the &C.
ion Of the Executive in the pl emises
% assist them in their deliberations
Upon this important subj set, 1t will
Dc observed in the course Of this cor
espondence that notification has not
allied to be duly. given to the Govern
nent OF Great Britain, that compenea-
ion is expected for the loss and dam
zee caused to Amei lean fishermen by
he un Tarrsntable action of the local
authorities of the Dominion OF Canada,
lot merely by the summary seiz ire OF
heir vessels and the exaction of heavy
ines in advance of hearing aud judS-
nent, bat for the curtailment OF priv
.eges to which they were Justly en-
tiled under commercial regulations,
8 we'll as treaty stipulations; and the
Consequent interference with their le-
ltimate voyages, whereby the natural
ron OF their industry were seriously
Unfinished and in many cases wholly
estroyed. .. &
1t would seem proper that steps {
q perpetum rei mepl0rdm should be
iken by Congress to allow proofs to
Q made and placed upon record of
1ese Losses and injuries to our citi- !
ens, to enable them to ba properly
resented to Her Majesty's govern 1
lent for settlement, and that for this 9
urpoee commission should b. !
uthofiSed by Congress to teke the I
eceesary proofs Of the respective {
simants. Respectfully submitted, I
The correspondence opens with a t
spa ch OF date March 10, 1886, from n
r Lionel 8. Ssckville West, the v
'iVieh mlnlhteI, 10 secretary baYerd, u
a request of Earl Rose g
cry TO be informed whether it is the n
tention Of the United States Gov a
nment 20 give notice to the United a
ates fishermen that they are now h
'ecluded from fishing in British 4
orth American territorial waters, as Il
or Majesty's government are now n
RsideTing the expediency OF issuing
reciprocal notice with regard to Il
'itish fishermen in American waters. n
the communication Secretary Bay n
q replied under date Of March 23d: a.
That the fishing question is now un- 81
rstood to rest on existing treaties, Il
ecisely as though no fishing articles "a
d bean Incorporated in the treaty of pl
ashington." ts
he adds: ''In view OF the endur- W
nature and important extent of &C
Q rights secured to American fisher Sc
On in British North American ter di
oIial waters under the provision OF aU
treaty OF 1918 to take fish within OF
three mile limit In certain def ate &c
rts OF the British North American en-
Ists, and to dry and cure fish there Ell,
49,.