The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-06
Personal and Unofficial Letters.
Correspondence Between Mr.. Bay
ard and Sir Charles Topper.
The Communications Show the
Broad Views OF Both Statesmen.
The Secretary's Idea OF the Great
Importance Of Adjustment.
The Treaty as These Letters Indicate
Must be all That II Can be. and
Beneficial to Both Gov
ornments.

WASHINGTON, March 5.--The President
has transmitted to Congress the remaining
documents and protocols relating TO tho
fisheries treaty, together with letter from
Secretary Bayard.
In his letter Secretary Bayard says
"An inspection OF this documentary his
tory will serve TO demonstrate the prac-
teal and important results accomplished
bythc treaty now pending before the Senate
by which thisqucsion Of the Interpretation
and administration Of the treaty OF 1855
between the United States and Great
Britain Is transferred irom the absurlity
with which Il had been suffered 10 lapse
since the date of that convention, and its
restoration from the practical control u
minor and local officials Of the Canadian
maritime provinces, Until the treaty now
pending was concluded no available rene
dy seems TO have been supplied for the
Inconsistencies, incongritics and unjusti-
fable construction of the treaty of 1915, TO
which our fishermen had ior year after
year hccn subjected, aud which by tho
progress Of gradual cncroachments OF ca
madam legislation and local port rcgula-
tons had almost converted their priyi-
logc, expressly reserved by treaty, into
sources Of Inconvenience and expense.
IN examination oi the published
lists contained In this correspondence and
laid before Congress will disclose that tho
prctcxt or causes alleged for the arrests,
lines, dctcniions and other cmbarrassmcns
Of American fishing vessels during tho
years 1885 and 1857 wcrc based upon al
legged infnctions Of the treaty of 1878, or
of Canadian laws passed. In profcsscd execu-
! ton Of that treaty. Allsuch vcxaiious ac-
ton as Ia recorded in the list 81 seizures,
etc., Il met aud rendered impossible ol oc-
cuucncc in the future by the provisions Of
the treaty now before The senate, and tho
nmplost enjoyment by the United states
fishermen Of treaty righ,f and customary
| hospitality due undcr the International law
and comfy y secured in the ports aud liar.
bos Of eastern Canada AMI Ncwiound-
land. The correspondence will serve also
10 establish the fact tia, prior to the
treaty Of reciprocity Of -, and subsc-
qncnt 10 H. abro,u,tion IN the ycln 1870
aud 1871. the vcxaiious and harnssing ad.
minislmtion by the Canadian authorities
wis pmciiccd and unchecked.
| A. neither the Treaty of 1851 nor that II
| 1871 contained any allusion 10 the wrongs
thus inflicted upon United States fisher
mon. and ~ neither convention coniriycd
any remedy OF provision against their ~
ncWal aud repetition, II became necessary
! that such remedy should no longer DO
unproyidcd. u n believed that such
remedy IA practically and lully supplied by
the treaty now pending and that by iIs
terms now aud ior the iirsl imc since 1878
Just aud joint Interpretation is agreed 10
by both governments aud placed upon
the treaty oi 1918, which viii secure Just
and hospilablc treatment 10 the United
States flshcrmCn, aud secure Ia them I'M
m0lVsicd the full measure of their rights.
| and that under the proposed arrangement
| every American fisherman pursuing his
/ vocation In the waters adjacent 10 British
| North America can secure clear under.
| standing 81 his rights and duties while
within the jurisdiciional waters Of Canada
or oi such ports aud haghora M casualty,
necessity or convenience may suggest,
without fear Oi enoountcring such harsh
aud uniricndly treatment NJ lac was here
toforc subjected 10 under uncertain, un-
warranted aud variant Interpretation 81
bis treaty rights
The accompanying papers referred To- are
made up Of extracts from the diplomatic
correspondence Of 1887. Secretary Baynrls
| letter 10 Minister Phelps, Of July 10, 1887,
and protocols Of the conferences II the ne
gotlniions Enclosures one and two are ~
| follows
Mn. ntY,aD 10 SIR CHARLES TurrTR.
| itf,onai-. Unofficial
wAmxsToy. May n iss1
My Dear Sir Charles The delay IN
wriling yon has been unavoidable. In tho
very short interview afforded 10y your visit
| referred 10 the ombnuawNnen, arising
out oi the gradual practical emancipation
Of Canada from the control Of the mother
country and the consequent assumption
hy that community OF attributes OF auiono-
nous and separate sovereignty, not, how
| over. distinct from the empire Of Gr1
| Britain.
The avkwardncss Of this impcriccily de-
/ yrlopcd sovereignty u folt most strongly
by The United states, which cannot have
! formal treaty relations with Canada, ex-
| crpi indiwrily aud as q colonial depend
ency III the British crown, and nothing
| could heiirr illustrate the embarrassment
arising from this nmorphous condition VI
thing ihan tie v0lumrs OF correspondence
pubfsh,d srvcrally this year relating 10
| Inc H.hsrics by the United States, Great
Britain aud the government Of the do
minl0n.
Thc time Lost In the clrcumlocuiion, al.
though often most regrclable, was the least
| nat III the difficulty, and the indirectness
Of appeal and reply was the most serious
feature. ending, ~ Il did, very uusats'
| laclorly.
n l. evident that the commercial inter
cs,s between the inhabitants Of Canada
and iho-c III the United States las grown.
into too vast proportions to bc exposed
much longer In this woiyly, triangular duel
aud more direct and responsible methods
should bc fcsorcd 10. ,
Your own able. earnest aud patriotic ser.
yiccs In the government and Parliament o.
The dominion are well known and ahord
annie prooi Of your comprehension o. INC
rreSurcs. rapidly increasing Interests ano
needs of British North America.
ON tho other hand, | believe Hm anl'
mated hy an equal dcsrc 10 scrye n! own
conniiy nod trust TO do u worihily' I've
Immediate difficulty 10 be settled - ionn,
In thc treaty OF 1878 between the unl'ea
sla,es ani tscai Britain, which o" oe'"