The Portland daily press., 1888-02-22

Constitution, duly authorized Thomas +;
Bayard, Secretary of State of the United
States, William l.. Putnam, citizen OF the
State Of Maine, James B. Angel: citizen OF
the State of Michigan, for and in the name
confer with the plenipotentiaries rep
Brittanic Majesty for the purpose
considering and adjusting In friendly spirit
all or any questions relating 10 tne rlgnts sn 81
fishery in seas adjacent to British North
America and Newfoundland, in dispute be-
tween the governments of the United States
and that of Her Britannia Majesty, and
jointly and severally conclude ana sign any
treaty or treaties touching the premises.
And herewith transmit for your informa-
tion full copies of the power so given by
me.
In the execution of the powers so con-
veyed, the said Thomas +. BayardI William
l.. Putnam and James b. Angel, in the
month of November last, met in this city the
plenipotentiaries of Her Britannia Majesty,
and proceeded in the negotiation Of a treaty
as above authorized. After many confer
ences and protracted efforts, an agreement
was at length arrived at, which is emDodled
in the treaty which I now lay before you.
The treaty meets my approval. because be,
lieve it supplies satisfactory, practical and
final adjustment, upon basis honorable and
just to both parties, OF the dllncult ana
yexed question to which it relates A re,
view of the history Of this question VIII
show that all former attempts to arrive at
common Interpretation to the satisfaction
of sboth parties, of the first article
of the treaty of October 20,1S18, have been un
successful aud, with the lapse OF time, the
difficulty and obscurity have only increased:
The negotiations in 1854 and again IN 1911
ended in both cases in temporary reciprocal
arrangements of the tariffs Of Canada, New
foundland and the United States, ana the
payment OF money award by the United
States, under which the real questions IN
difference remained unsettled and in abey-
ance, ready to present themselyeslanew when
the convenient arrangements were abr0gated.
The situation therefore remained unlm-
proved by the results OF the treaty oil 1871,
and a grave condition of affairs, presenting
almost identically the same features and
causes Of complaint by the United states
against Canadian action and British default
in its correction, confronted us in May. 1886,
and was continued till the present time,
The greater part of the correspondence
which has taken place between the two gov
ernments heretofore has been communicated
to Congress, and at as early day as posi-
BILE, shall transmit the remaining portion to
this date, accompanying it with the joint
protocals of the conference, which resulted
in the conclusion of the treaty now sub
be fully possessed of the record and history
of the case since the termination, June 80,
1885, of the fishery articles of the treaty of
Washington of 1871, whereby we were rel
egated to the provisions of the treaty Of
October 80, 1918. As the documents and pa
pers referred to will supply full information
of the positions taken under my administra-
ti0n by the representatives of the United
States as well as by the representatives OF
the government of Great Britain, it is not
considered necessary or eXpedient to report
them in this message, but believe the treaty
will be found to contain just, honorable,
and therefore satisfactory solution of the
difficulties which have clouded our relations
with our neighbOrs on our northern border.
Especially satisfactory do l believe the
proposed agreement will be found by those
of our citizens engaged in open sea fisheries
adjacent to the Canadian coast and reSorting
to these ports and harbors under treaty pro-
visions and rules OF international law. The
proposed delimitation lines the exclusive
fisheries from the common fisheries and will
give certainty and security as to the area of
their legitimate field. The headland
theory of imaginary lines is abandoned
by Great Britain and the specification In the
treaty of certain named bays especially pro-
vided for gives satisfaction to the inhabi-
tants of the shores without subtractlng ma
terially from the value or convenience OF the
fishery rights of Americans. The uninter-
rupted navigation of the Strait OF Canso is
expressly for the first time affirmed and the
four purposes for which our fishermen, un-
der the treaty of 1918, were allowed to enter
the boys and harborS OF Canada and New
Foundland within a belt of three marine
miles are placed under fair and liberal 0on-
structlon and their enjoyment secured with
out such conditions and restrictions as in the
past embarrassed and 0bstructed them so
seriously. The enforcement of penalties for
unlawfully fishing or preparing to tisn with
in the in-sh0re limit and exclusive waters OF
Canada and Newfoundland, is to be accom-
plished under safeguards against oppressive
and arbitrary action, thus protecting the de-
fendant fishermen from punishment In adj
vance of trial, delays, Inconvenience and un-
necessary expense.
The history of events the last two years
shows no feature of Canadian administration
mere arrassing and injurious than the com
pulsion upon our fishing vessels to make
formal entry and clearance on every
occasion Of temporarily seeking shell
ter in Canadian ports and harbors
Such inconvenience is provided against IN
the proposed treaty, and this most frequent
and just cause of complaint is removed. The
articles permitting our fishermen to obtain
provisions and the ordinary supplies OF
trading vessels, on their homeward voyages,
and under which they are accorded the fur-
ther and even more important privilege, on
all occasions, of purchasing such casual or
needful provisions and supplies as are ordl-
narily granted trading vessels, are OF great
importance and value. Licenses, to be
without charge, on application, to
enable our fishermen to enjoy these privi-
leges are reasonable and proper checks IN
the hands of the local authorities to Identify
the recipients and prevent abuse. and can
form no impediment to those who intend to
use them fairly. Hospitality secured for our
vessels in all cases of actual distress, with
the liberty to unload, sell and transfer their
cargoes is full and liberal. These proyls-
ions will secure substantial enjoyment Oh
treaty rights for our fishermen under the
treaty Of 1918, for which contention has
cfn nn s.
pondence OF the Department of
State and our minister at London
and by the American negotiators OF the pres
ent treaty.
The right of our fishermen under the trea-
ty of 1918 did not extend to the procurement
of distinctive fishery supplies In Canadian
ports and harb0rS; one item, supposed TO be
essential; to wit, bait, was plainly denied
them by explicit and definite words OF the
treat of 1918, emphasized by the course OF
negotiations and the express decisions which
preceded the conclusion of that Il eaty. The
treaty now submitted contains no provision
affecting tariff duties independently OF the
position assumed on the part of the United
States that no alteration in our tariff or otn-
er domestic legislation could be made as the
price or consideration of obtaining rights
our citizens had secured by treaty. 1t was
considered more expedlent TO allow any
change in the revenue laws OF the United
States to be made by the ordinary exercise OF
l6SlSld Will anu AZ tiiO pAOhlObAOh Va
lie interests. Therefore, the addition to the
free list, of fish, fish oil, whale, seal oil, etc.,
recited in the last articles of the treaty is
wholly left to the action of Congress in con-
connection Herewith. The Cana
dian and Newfoundland right to
regulate sales of bait and other fishing sup
plies within their own jurisdiction is recog-
nized and the rights of our fishermen to free
ly purchase these things is made contingent
by this treaty upon the action OF Congress IN
modification of our tariff laws. Our social
and commercial intercourse with these pop
ulatiOns who have been placed upon our Dor
ders and made forever our nelghbors, is
made apparent by the list of United States
common carriers, marine and inland, con-
Meeting their lines with Canada which was
returned by the Secretary of the Treasury to
the Senate on the 7th Of February, 1888, in
answer to a resolution of that body; and this
is instructive as to the great volume OF mu-
tually profitable interchanges which has
come into existence during the last half CEN
tury. This intercourse is still but partially
developed and If amicable enterprise and
wholesome rivalry between two people, be
not obstructed the promise OF the future is
full of the fruits of unbounded prosperity on
both sides of the border.
The treaty now submitted to you has been
framed in spirit of liberal equity and re-
ciprocal benefit in the conviction that mutu-
al advantage and convenience are
the only permanent foundation of
any friendship between States and
thof with tha odontion nf the aprnpmpnt now