Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1886-09-08


which they 10 Just escaped
As soon as IL became evident that Congress
would mot accept the proposal for q new com
mission the Government Of the Dominion OF
Canada, with the presumed approval OF the I'm
pcrial Government, began series OF outrages
upon American fishing vessels and fishing
crews seeking in every way to destIOy their
business and deprive them OF their fishing
rights. That course continues to this day, and
is adopted by the Canadian Government with
the deliberate intention and obvious egpecta-
ton OF forcing concessions from this Govern
ment. A few facts in the long controversy over
the fishery question may be pertinently recalled
as bearing ON the present situation.
THE TREATY OF 1918.
Let us frankly admit Mt the outset that we arc
governed in this matter by the terms Of the
treaty of 1873 OF tie injustice of which this
country was made the victim before that treaty
WAS ratified we need not mere and now speak.
We accepted the treaty of 1878 in good faith,
and. though ii largely eurtailod PRIVILEGES which
were the birthright of American fishermen
those hardy men went to work under ii, and 10y
their enterprise largely expanded Their busi-
ness- increasing in an amazing ratio the num-
Der OF vessels, their aggregate tonnage. and the
number of men engaged in the hazardous cali
ing. This rapid progress alarmed the Canadi-
ans, and, with the view OF depressing rivalry
and gripping American fishermen, % new con-
structi II was applied II the treaty nearly n
quarter of century aftor it had been in peace
full operation.
From 1871 to 1875 it was for the first time con-
tended by Great Britain that the American
right to fish within three miles from shore
meant three miles fioln tho head lands which
marked the entrance to bays, and ON this new
and strained construction Of the treaty they
sought to exclude American fishermen oven
from the Bay of Fundy, which is sixty miles
wide at its mouth. Aft ra long diplomatic dis
cussion maintained with signal ability by Ell
ward Everett, our Minister ut London, Lord Abb
erd en--a man identified with justice and mag
nanimity in more than one generation-then at
the head OF the British Foreign ONCE acknowl-
edged that the ground taken by EnEisnd in re-
gard to the Bay Of Fundy WAS ,ntiofensible, the
Canadian position was reversed, and the bay
was reopened to American fishermen
But the design of ccercing the United States
into opening her markets to Canadian fisher
men was not abandoned, IN 1852 o fresh and
determined series of hoatilitiea begun
against American fishermen. A naval force
was sent out from England, and the whole coast
of Nova Scotia was guarded by the guns Of the
royal navy--thfteen war vessels patfoliing the
fishing grounds. 1t was again proclaimed that
the TIN ee-mle limit Of the treaty of 1918 was
not three miles from the shore, but three
miles outside u line from headland to head
land Of bays. This construction OF the treaty
would place the American fishermen, in many
places thirty miles from shore, instead of
three, rs provided by treaty. Mr.: Everett had
peltinently reminded the British Government
that by this construction the waters which
wash the entire southeastern coast Of Nova
Scotia, from Cape satle to Caie Canso--a dis
tance of neary 800 miles-iuight constitute n
bay from which the United States fishermen
would DO excluded" III other words, the ergu-
ment of MIR. Everett showed that the British
COilStfuction II admitted WDuiu destroy Nl
American rights intended to be guarded and
guaranteed under the provisions Of the treaty.
When the attempt Of 1852 WIS made TO enforce
the "headland' construction of the treaty, Mr..
Webster was Secretary of state i'll the admins
tratipn OF Mr. Fillmore. In AN official paper
his signature, Mr.. Webster recorded his
opinion that the British construction OF the
treaty ais not conformable to the intentions Of
the contracting parties. Those are weghty
words, and spoken by Mr.. Webster they give I'M
almost authoritative construction to the treaty.
ia al farAn aTpg or In long IA
say that in legal ability, especially on points
both of constitutional and international law,
Mr.. Webstefa opinion is entitled to more
weighty consideration than that OF any British
official who WAS then dcaing or who has since
dealt with the fishery question.
Mr.: Wcbster's official proclamation, from
which have quoted, was issued the 9th of July,
1852 A fortnight later lac addressed large
dience from the front door Of his house nj Marsh
field, and then he spoke with entire freedom.
The treaty OF ISIS snjl Mr. Webster was
made with the Crown Of ENGLAND II an Ameri-
can fishing vessel is captured by ono Of her Wis
sells of war the Crown of England is nnswerable;
but it IL not to be eYroGted that tho United
States will submit its lights to be adjudicated
in the petty tribunals Of the provinces, or that
we shall allow our own vessels to be seized by
constabes and other petty officers, and con-
deuned 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 the adj
minisrat ON under any circumstances. The
fishermen shall DO protected in all their rights
of property and in all their rights Of ocoupation
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
into other hands. and were adjusted finally by
tho reciprocity treaty of 1851 The o,erut,on of
that treaty was highly injurious to American
fishermen. Before its termination, in 1886. oar
Government refused to renew it, and our fishing
interests Immediately began to revive, and i'm
modiately the Canadians Legan to agitate for
another treaty, by which they could reach the
markets Of the United states Their wishes
were gratified ami by the strangest Of all dipio-
mntic iuggles the United States paid s5,5o0,0oo
for a treaty which it did not want and which
the other party earnestly desired Time has
passed, and the treaty of 1871 has expired The
Canadians again come lack to their old tactics
to harnss, and worry, and 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
gratuitously increased by the vote of q
jority of the Democratic party in the House Of
Representatives to throw open the markets Of
the United States to British and Canadian
fishermen, without duty or charge, and
the right to fish in British and Cena-
dian waters. This is act Of such unaccount
able rancorous hostility to tie fishing interest
OF New England that il is difficult even to com
prehend its motive John Randolph so hated
the wool thrift that he felt like walking a mile
to kick sheep Do the Northern Democrats
reel Such determined hostility to the fish
of New England that they would sacrifice
great national interest in order TO intlict blow
upon them.
THE WORDS OF WEBSTER
1t would certainly be refreshing If we could
hear MIR. Webster words repeated from official
sources to-day. 1t would be refreshing ii it
could once more be inserted with the same
strength and dignity of Webster that the Uni
ted States will not submit it's ri hts to be Iu
dicated in the petty tribunals Of the provinces
that American fishermen shall be protected in
n hntr
Of occupation" Mr.Webster did not expo ct md
did not intend that his position should lead to
war. He simply esrec ted that firm, decided
tone would bring English officials to their
senses and make them feel the responsibility
and danger Of tansgressing the rights and
touching the sensihilities of proud and power
ful people Mr.. Webster knew, as those who
learned froin him have since known, that Eng
land could even less than the United STATES
afford To 20 TO war about the fisheries. Mr.
Webster knew rs those who have learned in
ms sehooi nave since known, that England and
the United States can never go to war except on
some point that touches the imperial integrity
OF the one or the other-and even an onense OF
that magnitude we agreed in hi to settle by
arbitration and not by gage of battle. But the
country is weary of hearing, in Mr.. Webster's
phrase that Canadian constables are erresting
American crews, and that the Canadian gun
boats ARE capturing vessels on the high seas
floating the American flag, Ard all this ON the
assumption OF u treaty power which the United
states 6enies ard upon n technical construc-
ton put forward quarter of century after the
treaty went into operation and had received a
peaceful and fair cons ruction We shall await
the publication of Mr.. Bayard's correspondence
with Great Britain on the subject of the seizure
of Amer can Fl 81 ing vessels with deep interest
shall wait with the hope, if not the expectation
that he will leave his country in q better posi-
ton at the close OF the negotiation than he has
Thus far ni&in' ain d for her.
oUH RELATIONS WITH NExICo
Another international trouble has increased
our sense of cha2rin aud humiliation In con-
trast with our patient endurance OF Canadian
outrage toward American fishermen. we have
made an unnecG ssary and uuiignifed display
OF insolence aud brHva,lo toward Mexico There
is no adequate cause for tho demonstration.
do not stop at this point to narrate the precise
facts attending The imprisonment of Cutting.
know that We cannot, without loss of charac-
T. r for honof and chipalry, begin our negotia-
ttons with threats of war. / maintain that
when the United States agreed to accept arbi-
trafion as the means OF adjusting our crave
difficulties with England we eame under bonds
to the public opinion of the world to offer arhi-
tratjon to any weaker Power as the means Of
settling difficulties in all cases where we cannot
adjust them by direct negotiation. 1t We are
not willing to accept that conclusion we place
ourselves in the disreputabie attitude Of ac-
cepting arbitration with strong Power and re-
sorting to force with weak Power. am sure