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


construction OF the treaty would place the Amer
ican nsnermen, in many places, thirty miles from
shore. instead OF three. as provided by treaty.
Mr. Everett had pertinently reminded the Brit
ism government that by this construction the
waters which wash the entire southeastern
coast of Nova Scotia, from Cape Sable to
Cape Canso-a distance of nearly three hundred
es--might constitute q bay from which the
United States fishermen would be excluded"
In other words the argument OF Mr.. Everett
showed that the British construction, Il admit
| eeg would destroy all American rights intended
/ to be guarded and guaranteed under the proyis-
| ions of the treaty
/ When the attempt of 1852 was made to enforce
! the 'headlann' construction of the treaty, Mr..
Webster was Secretary of State, in the n::,n's-
tration of Mr.. Fillmore. In an official paper over
| his own signature, Mr. Webster recorded his
/ opinion that the British construction OF the
treaty is not conformable to the intentions or
| the contracting parties" Those are welghty
words. and spoken by MIR. Webster, they give an
almost authoritative construction to the treaty.
! 1t is certainly not discourteous or invidous to
| say that ia legal ability, especially on points
both OF constitutional and international law, Mr..
| Weosters opinion is entitled to more weighty
consideration than that of any British official
who was then dealing or who has since dealt
| with the fishery question.
Mr.. Websters official proclamation, from
which have quoted was issued on the 9th of
| July, 1852 A fortnight later he addressed a
large audience from tho front door of his house
at Marshheld and then he spoke with entire
| freedom. 1.-THE treaty of 1918" said Mr.. Web
ster, was made with the crown of England. 1t
an American fishing vessel is captured by one of
her vessels of war, the crown of England is an
swerabe; but it is not to be expected that the
United States will submit their rights to be ad-
Indicated in the petty tribunals of the provinces.
| or that we shall allow our own vessels to be
seized by constables and other petty officers and
| condemned by the municipal courts of Quebec,
| Newfoundland, New Brunswick or Canada.
In the meantime be assured that the
fishing interest will not be neglected by thus adj
| mlnlstratlon under any circumstances The lsn-
| ermen shall be protected in all their rights of
property and in all their rights of occupation.
To use Marblehead phrase. they shall be pro-
| tected hook and line, bob and sinker.'"
| Mr.. Webster fell i'll very after these Wig
| orous expressions, and the negotiations passed
1 into other hands and were adjusted finally by
the reciprocity treaty of 1854. The operation of
that treaty highly injurious to American
1 fishermen. Before its termination. in 1866, our
| government refused to renew it. and our fishing
interest Immediately began to revive, and imme-
| diately the Canadians began to agltate for
another treaty by which they could reach the
markets of the United States Their wishes
were gratihed, and by the strangest OF all
| diplomatic juggles, the United States paid five
and half millions of dollars for a treaty which
| l. did not want and which the other party ear
| nestlv desired. Time has passed and the treaty
| of 1871 has expired. The Canadians again come
back to their old tactics, to harass, and worry.
aud outrage American fishermen. until by sheer
WEAKNESS, after the manner of the unjust judge
| in Scripture, our government may give them
what they want, even to the injury Of our own
/ people
The humiliation of our situation has been gra
| tuitously increased by the vote of a majority of
| the Democratic party in the House of Repre-
sentatives to throw open the markets of the
| United States 20 British and Canadian fisher
! men, without duty charge and without secur-
| ing TO American fishermen the right to fish in
| British and Canadian waters. This is act of
such unaccountable, rancorous hostility to the
! fishing interest of New England that it is diff
4 cult even TO com prehend its motive. John Ran
| dolpn so hated the wool tariff that he felt like
walking mile to kick sheep. Do the North
! ern Democrats feel such determined hostility to
| the fishermen of New England that they would
sacrifice great national interest in order to in
| fict a blow upon them?
| 1t would certainly be refreshing if we could
| hear Mr.. WebsteI's words repeated from official
sources today. 1t would be refreshing If it
| could once more be asserted, with the strength
| and dignity of Webster that 1.-THE United States
| will not submit their rights to be adj Indicated
| in the petty tribunals of the provinces;" that
! "1Asm1sican fisherman shall be protected in oil
their rights of property and in all their rights of
| occupation Mr.. Webster did not expect and
| did not intend that his position would lead to
war He simply expected that firm, decided
| tone would bring English officials to their senses
| ana make them feel the responsibility and dan
| ger of transgressing the rights and touching
| the sensibilities of proud and powerful peo-
| pie. Mr.. Webster knew, as those who learned
| from him have since known, that Eng
| land could even less than the United States af-
| ford to go to war about the fisheries Mr.
| Webster knew those who have learned
in his school have since known, that Enoland
and the United States can never 90 to war; ex-
cept on some point that touches the imperial in
! tegrlty OF the one or the other-and even an Of
| Tense of that magnitude we agreed, in 1871, to
| settle by arbitration and not by gage of battle
But the country is weary of hearing, in Mr.. Web
| sters phrase, that Canadian constables are ar
| resting American crews and that Canadian gun
boats are capturing vessels on the high seas float
| ing the American flag. And all this on the as
| sumption OF treaty power which the United
/ States denies and upon a technical construction
| put forward quarter of q century after the
| treaty went into operation and had received a
| peaceful and fair construction. We shall await
| the publication of Mr.. Bayard's correspondence
with Great Britain on the subject of the seizure
| of American fishing vessels with deep interest
shall wait with the hope, if not the expectation
that he will leave his country in better position
at the close of the negotiation than he has thus
| far maintained for her.
RELATIONS WITH MEXICO.
| Another international trouble has increased
| our sense of chagrin an9 humiliation. In CON
| trast with our patient endurance of Canadian
outrage towards American fishermen, we have
1 made an unnecessary and undignifed display of
| insolence aud bravado towards Mexico There
| is no adequate cause for the demonstration.
do not stop at this point to narrate the precise
| facts attending the Imprisonment of Mr. Cut
+; ting l know that we cannot without loss of
! character for honor and chivalry begin our me-
| gotiations with threats of war / maintain that
| when the United States agreed TO accept arbiFra
| ton as the means of adjusting our
| grave difficulties with England we came under
bonds to the public opinion of the world to offer
arbitration to any weaker power the means
of settling difficulties in all cases where we can
not adjust them by direct negotiation. If we
are not willing to accent that conclusion we
| place ourselves in the disreputable attitude of
accepting arbitration with strong power and
! resorting to force with a weak power. I am
| sure no American citizen of selfrespect desires
to see his country subjected to that degradation.
For the United States to attack Mexico without