The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-03-07
FISHERY DOCUMENTS
Bayard Furnishes the Rsmsinirg Portion
Of the Conferences History.
Letter of Transmittal Through the Presi-
neutrality-suspicious. Leading to
the Fisheries Commission
Bayard to Phelps

uOCumeuLs anu pEOtOCOlS IoIhtluB " tuc
fisheries treaty, together with letter from
Secretary Bsyard. In his letter Secretary
Bsyard says; IAN inspection Of this doeu.
mentary history will serve to demonstrate
the practical and important results sccOm'
plished by the treaty now pending before
the Senate, By which the question of the
Interpretation and administration of the
treaty Of 1913 between the United States
and Great Britain is transferred and ele-
waited from the obsclriLy With which it
had been suffered to lapse since the
date OF that convention, aud its res
toration from the practical con-
troll OF miner aud local officials of
the Canadian maritime provinces. Until
the treaty now pending was concluded no
available remedy seems 10 have been sup
piled for the inconsistencies, lncongruities
and uDjustifable construction of the treaty
OF 1s1s, to which our fishermen had for
year after year been subjected, and which,
by the progress of gradual encroachmsnts
Of Canadian LEGISLATION and local port
regulations, had almost converted their
privilege, expressly reserved by the treaty,
into sources oil Inconvenience and expense
IAN examination of the published lists
contained in this correspondence and laid
before Congress will disclose that the pre-
text or causes alleged for the arrests, fines,
detentions and other embarrassments OF
American fishing vessels during the years
1856 and 1887 were based upon alleged
infraetlons OF the treaty of 1918, or of
Canadian laws passed in professed execu
tion of that treaty. All such vexatious
action as is recorded IN the list of seizures
ETC., is met and rendered impossible OF
occurrence in the future Dy the provisions
OF the treaty now before the Senate, and
the amplest enjoyment by the United
States fishermen of treaty rights and the
customary hospitality due under the inter
national law and comfy is secured in the
ports and harbors of Eastern Canada and
Newfoundland. The correspondence will
serve also to establish the fact that prior to
the treaty OF reciprocity OF 1854 and sub
SEQ Ie t 10 its abrogation, and in the years
1870 and 1871, the vexstiOus and harassing
administration by the Canadian authori-
ties was practiced and unchecked.
"As neither the treaty of 1854 nor that
Of 1871 contained any allusion to the
wrongs inflicted upon the United States
fishermen. and as neither convention con-
trived any remedy or provision against
their renewal and repetition, 1t is neces.
sary that such q remedy should no longer
be unprovided. 1t is believed that such
remedy is practically and fully supplied
By the treaty now pending, aud that by ils
terms now, and for the first time since
1918. a Just and Joint Interpretation IS
sgreed to by both governments and placed
upon the treaty of 1918, which will secure
jast and hospitable treatment to the United
states fshe men, and secure to them uu.
molested the full measure OF their rights,
and that under the proposed arrangement
every American fisherman pursuing his
vocation in the waters ad AGENT TO British
North America can acquire a clear under
standing OF his rights and duties whilst
within the iurisdlctional waters OF Canada
or to such ports and hsroOrs as casualty,
necessity or convenience may suggest,
without fear of eneountering such harsh
and unfriendly treatment as he was here
/ tofOre subjected to under the uncer ain,
unwarIanted, and variant Interpretation
of his treaty rights.n
The accompanying papers referred to
are made up of extracts from the iplo-
matte correspondence Of 1887. Secretary
Bayard's letter to Minister Phelps of July
II, 1887, and protocols Of the conferences
Of negotiations.
Mr.. Baysrd's personal and unofficial let.
ter of May 81, 1887, to Sir Charles Tupper
is iuclosed. In il ne refers to the round
about and necessarily slow manner OF
W1l0 OdQhQd
Great Britain, saying that the interests OF
Canada and the United States are too
great to be exposed to such a long wordy
triangular duel. He says the only way he
can see to procure permanent settlement
is by straightforward negotiations. he
distinctly states that he does not propose
to include, however, indirectly or bv
ntendment, however partial oblique,
the political relations OF Canada and the
United States, nor to affect the legislative
independence Of either country. He con-
cludes with the suggestion which resulted
in the recent commission at Washington,
which founded the new treaty, and urges
that Newfoundland should nave repre-.
sentative In order that the agreement, il
any is arrived at, may be participated in
by all interested parties,
Sir Charles Tupper's reply is, ia the
main, an agreement with Mr.. BaYard's
views, and heartily in accord with the
commission plan, which resulted so sue
cessfGlly.
Mr. BAYARD TO Mr. PHELPS.
letter from Mr.. Bayard to Mr.. Phelps
festing formal proposal from Mr.. Bayard
or the appointment OF com mmittee. Mr.,
Bayard says that he did not propose q
commission. and continues:
You are therefore instru cted to prorose to
Her Msiesty's principal Secretary OF Slate the
minister pIeDipotentiary TO meet In the City OF
Washington minister pleniDotentiary of the
Government OF the United States, duly author
lied oy the respective Governments to treat oil
and discuss the mode Of settling all questions
which have arisen out Of the fisheries on the
coasts Of British North America, and all other
questions affecting the relations between the
United States and the Britannia Majesties' pos
sessions In North America Should II be found
necessary or eJpedient TO increase the number
OF tbe representatives OF either party In the pro
posed Degoti4tion. 1t can be done and notice be
given 70 That effect.
10 November, 1856. Mr.. Bayard wrote Mr..
Phelps inclosing a draft OF a memoranda "a
OF an agreement which will, he trusts, be
found to contain q satisfactory basis for the
solution OF existing difficulties. Tais
memorandum, he says, is similar to that
submitted by Secretary Seward, in 1866,
to the British government, and which was
then received with approval.
The agreement referred toibegins with q
Tecspilulation OF these provisions ot the
'rssty of 1918, which comedies to u nited
Stat s fishermen the right TO take fish on
the southern coast of Newfoundland aud
other places definitely described, and the
right 10 cure and dry nsh at other places,
subject to other conditions, the renuncia-
tion on the part OF the United States
of liberty TO fish within the three
mile limit at other places, and the
reservation Of the right to obtain wood