New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-19

American fishermen shall have liberty ioro'oi " ~
and cure FISH in any of tho unsettled DAYS h",oo'
and creeks IN the southern part OF Ne" ioun",""o
hereinbefore described and Of the coasts OIL
but rs soon as the same portion hereoi' s"ai
DO settled Il shall not be lawful Tor sara hshcro"
dry or cure fish at such portion so se'.cu "' "
previous agreement for such purpose Win inc '"""
tsnts proprefors or possessOrs OF tfe gIOuha anu
heretofore enjoyed, claimed by me inhao ans wy tive
~ ny ~ tbe coasts bays creeks harbors OF
His Britannia Maiesy's dominons IN AneiIca nVt va,
ciuded in the above mentioned limits PROVIDED. now
evcr that Inc American fishermen shall bc rerInilted
TO enter such BAYS or harbors Tor we puipu,c nd
ter of repairing damages therein, OF purchasing w1oc
and obj aiming water and for no other purpose Wha,
ever they shall be under such reeGns o oS
enrine FISH therein, or In other manner Whatever
abusing the privileges hereby secured 10 'he'n'
AN INSTRUCTIVE COMPARISON.
Let MS for moment compare the provisions OF this
treaty with those of the treaty of 1888 In the aor
We secured the unrestricted right TO take every KIND OF
fish of any kind all places where the lhhao'ah.S
OF either country had been used to hsh IN "ii'
treaty we gave up the right TO hsn "lih'n tHieo
marine miles Of the shore. or any other par' oI 'ho
coast than along tho waters which separate the eastern
coast Of Labrador from the western coast Oh New
foundland and upon the Magdalen Islands re-
stretlon OF territory hardly compensated for by the
privileges OF n-shore fishing thus ooialhcu' our
Enyoys also consented to abandon their coh'ehon 10
the right to visit bays and harbors for the purpose "
mackero fisheries became loss hard to DO uorhe'
and finally had long wrange over the hair-splt'ihs
diplomatic distinction to whether the 'hI'eo oao'
should be permitted TO forever renouncc 'he EH' ~
dry and cure fish ia territory not 'ncIuueu ia '"o
treaty stIpuations. remuneration implying an ah'eoe
dent possession: not profitable dscussloh' DIS
whatever right there may nave Deeh "ae ~ Wv F
vision forever renowned.
This treaty was to fishermen the source Oh WOES
unnumbered. Great Britain began the asI'"''ou '"0
very next year. 1919. by Act of Parliament perl'"s
the Privy Council to mako such regulations LOT It's en-
forcement as should be deemed proper pio'iu'nS
that vessels found within the three mile limit might 10
s.izcd and condemned: and imposing fines on those
who after being warned refused to depart nom suoh
HAYS or limits Tho Provincial Legislatures between
1919 and 1854 followed this example, ana hHhlocI
lass were the minute and stringent laws VIM"
they adopted, purporting 10 Dc oaSe" wv"
the treaty, but in many cases as wo contenueu' lar
<raosccndnp the true and Just scope Of its provisions
These difficulties may be in general traced 10 TWO
sources:
First. Shortly anor the treaty was signed inc
first license for that character OF fishing having Ocoi
issued in 1923, mackere began to be found IN great
abundance In the Gulf of ST. Lawrence and the ca'ch
nrovcd extremely profitable. The treaty OF 1918 had
regarded cod and halibu the only fish worth con
slderation and they were seldom pursueu "''nin
the thrcemile limit the remuneration OF thls Hsh.
WAS honestly, but mistakenly, regarded as OF sHet
I'm
sapcbt by what Is known "chummine," that -
throwing overheard vast quantities of oily bait which
enticed the mackerel to the vessel and WITHIN
range OF line and hook This method has, since tue
treaty OF Washington IN 1871 been abandonc I'D ia'or
OF deep sea fishing, by means Of the pnrsesene' and
hence once the nshore fishing rights are Iesaued
rs comparatively uDimportant.
Second In 1924 Great Britain advanced ana has
since asserted the Illogical and preposierods head
land theory under which she maintains that the three
milo limit IS to be determined by lne drawn three
miles from the Shore not following the snnositles
OF the coast as contend but running three mics
nom straight lino drawn all bays tires IecVe
NJ their width In addition and incidental thereto
Nova Scotia insisted that She had the right TO close
to fishermen the Straits OF CanSo w1cn scL r
her territory from Prince Edwards Island ana W",ch
are the natural thOrOughfare TO me en- OF -
Lawrence Numerous seizures of Aue fran vessHs upon
various pretexts, which may be traced to these Two
contentious, made, and much dlponla't Corr
sPDnaenco h n' law oserS Of the crown ard
Men Enormously and fully sustained bot As 10 hcdu
lands and dominion over the Straits OF Carso. pro
ceccd quietly TO annex Prince Edwards Island and 10
divide her territory into counties. within me oo"s vi
which were the straits OF Canso which che fhrs
exercised or pretended exercise territorial juilS-
dictiOn.
COMPLICATIONS AND ACCoMMNOATIoM
From this time on discussion grew moro and more
spirited, and the correspondence between tho two
Governments more and moro acrInonions small
fishing vessel tic Washington In 1S43 seized wien
fishing than ten miles from the shore OF the
Bay OF Fundy. To Mr. Everett. our Minister In Lon
don who demanded her return and indcmnlffau0n,
Lord Aberdeen whose wellkn0wn fondncss for lem
PORTING and maintaining roacc at all hazards IS row
matter Of history replied that Great Britain while In
admitting the contention OF the United States
would be pleased to waive It's right to the Bay OF
Fundy, but 20 other bays TO which OFT Minis CT
very promptly retortcd that VIC would accept these
concessions right but declined them as favor
Finally tho British Government in 1881 lsared It's
intention Of sending feet 10 the fishing grounds for
tho purpose OF enforcing Its rights. declaration which
drew forth from Webster the famous remark that the
American fishermen should be protected In all his
rights "hOOk and line, bob and snker."
This becosc attitude Of affairs was put 10 rest,
however, by the Institution of board OF arbitration.
which In 1853 decided that bays ten miles In width
were TO 10 considered the open sea- principle
reasonable In ITSELF founded upon the distinction,
Of International law laid down by tho older writers,
and recognized aud admitted by many statesmen in
Great Britain and by nearly all those OF other coun
tries whose opinion is OF value. Moreover. treaty
defining the fishery rights Of France and Great Britain.
negotiated in 1889. and providing for the right Of
fishing within three miles Of tho shore contained this
express provision. AS the Bay Of Fundy IL nearly
sevcntyGve miles In width the arbitrator decided that
II is manlfesty not bay as that term Is used IN the
treaty of 1913. Thus tho United staies secured in
rJcct. BY tho decision Of arbitrator which Great
Britain was bound to follow and to observe. the sub
stantial rights for which she had coniended
Then occurred something quite as lnexDlicabe as
assent of Government to the treaty OF 1918.
the negotiation Of tho third treaty CONCERNING tue fish
cries. that Of 1884. able man. Lord Elgin, OF
whom Great Britain had abundant reason to be proud.
At that time Governor General Of Canada Noting
and knowing the dissatisfaction with which England
and Canada received the arbltratoPs decision he
to Washington and by his tact and address. and. as
the fishermen of Gloucester believe. By floating 1t
through on champagne secured In two weeks visit
the reciprocity treaty OF that year BY this treaty
the three mile restriction removed and We secured
In addition 10 the right of taking. drying and curing
fish on certain coasts OF the British North American
colonies as defined by the Of 1918. tho right 10
take fish OF every kind. save shell fish. on the sea
coasts. shores, harbors. and bays of Canada New
Brunswick. Nova Scotia. Prince Edwards Island and
all adjacent Islands and 10 land these shores and
also the Magdalen Islands for the purpose o. drying
and curing fish Thus. In effect. the treaty rights Of