New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-01

esns On % s. in the sea where the inhaoi-
tans OF both countries USED & Of the United
Sc st. shall have liberty 70 take fish OF ID es a r hiSS
on such part Of the coast Q, ~ r or cure tne .amo
On thar siaS and also on tn, Coasts; eas soS anu
sscess a'. a. and that the American fishermen
Eli Lave srty 10 dry and cure fish In any OF inc
Snail ,,,s, ss harhors and creeks of Nova scotia
ms@saen islcnds and Labredor 50 long ss the same
ssef, remain ass;ticd: but so soon as the Same. e
siihe OF s1m us to dry or cure Ash al such
settlement without previous agreement Ter thi'
purpose With the inhabian 5, proprietors or possess
srs Of the ground
American fisheries rights were recognized ana
sanctioned in the treaty of peace. The United
States retained o common share Of the decpsea ana
in-shore fisheries and, with certain reservations
WIS allowed to exercise limited territorial priv
leecs These rights were not conferred ny treaty
but were recognized by both Governments rs
having q previous and continuous existence W
virtue Of actual ownership conquest anu W
eupatioa of the fishing grounds. 20 lar az j"
related to the fisheries, the treaty CT 1893 WAS
pertition of empire. The Americans Wcre 70 'oir
Time 10 enioy their ancient rights withoat
tioa: and no corresponding nSh's "e.e
urop British subjects on the coasts OF .ne Nni'eu
50. Rs the trestv Of SIS these rights were
AGAIN recognized. and made perpetual IN rc,"rn
e. Tho rerunei,tion OF the privilege of taxing,
-,-.r, and driving fish within designated three
Ill h.lt The modified new fisheries article was
"a follows:
vhere.s a gerenccs hsve arisen pectiug the lb-
rrfv rlaiued by the United States for the lnhdnHaiH
thereof 10 takp dry and cUte FISH en- cert ctass,
bsys harbors and creebs of His Rrttannc MaIesH
dominiOns in America. II Is agfes 'ft"'u ~"
states shall ave forever. in common with the sShe'
of HIS RrFtannie Majesty. the liberty TO take M VI
srrndlana which extends f-er Cape Ray TO the
Rsneau Islands the western ana noHnerh oo'S H
OF Newfo ndlsnd. rem the Sait 'ap~ IaS -, ~"
0rron island on the shores of thc Nagtalen Islands
and .lso on The coasts bavs. hsrbogs ard crcs from
mos'h ..,yb ~. trslts ~ sI, $50 aud tl"nce
porthwardlv Indefinitely along the coast tL"'t
tss UTtson Paw Complain ard th-t the American
fishermen shah also have Hherty terever 70 nry an'
creeks Of the sousb~rn part OF th> coast of Ncwf"nS
hard hcrcatGve described aHd o. tae eDr "a orto.
tha-eof shall be SETTLED n shall not be lawnli ior t
sstd Tshrr-rn 70 drv or crr rsh at such rorton so
sst,.a wheut previons agreement for such purpose
with the inhabitants prop s'1rs or p'Scs'"S VI n0
ground.
Nborfy bcreiofore enjoyed claimed by the lnhap.
tants thereof TO taxi dry or crr hsh nn or w,hn
OF thu cOH~ts. baVS e1foiS
or harbor~ of HIS B.ttsnu:c NJ f-Ntvs donnnl0ns IN
A,. 70, ,b,, .ne AVN. .si t.h~rrrcn shall
b. rerrrte enter sr bavs or hsrhors fo' me DIT
I~rchasing wood and of Obtaining wafer. and for no
other purpose whichever. PIT they SHAH 10 rFft-s 80
,esre'ns a d may r ne sS tern o. in ang OTHER
manner whstrxrr abusing the privileges hertby re-
served ~ thcm.
The Treaty Of 1919 effected partial rearrfsng@
ment OF tn, tenancy in common. Dat recoShI|'u
the existence Of the territorial anc hshins rehS
Of the Americans and with certain reservations
in locality affirmed their continuance forever
In the Trraty of 1888 it was agreed that the
Americans should =" nuc to enjoy the right
of fishing where they wished TO fish In the
Treaty Of ISIS IL, tenancy in common was made
perpetual in deep-sea fisheries and the lnshore
fisheries on the Magdalcn Islands, on the coast
of Labrador from Mount Jolly to Beieisie ana
northward indefinitely and on the Island Oh
Newfoundland from the lamcau 10 the Qulripoh
Islands BY virtue OF inheroni American rights
these deeI-sea and inshorc fisheries were TO pe
enjoyed forever" in common with the British
TIE right to take. to cure and to dry hsh wlthih
three miles of the remaining coasts was renouneed
in exchange for extension OF The Labrador lslhhs
grounds elsewhere, and especially for
the positive guarantee of perpetuEy
Tina American Commissioners Mr. nai.
latin and Mr. Rush. were extremely carei".
with the pl,rassology because Great Britain hi1a
heen contending that the legal effect OF the war
sf 1872 was to rcscind the Treaty oil l'SS ana
consequently that all fisheries rights SANCTION
bv that convention had lapsed ms aN'O""u
ing claim had been raised before ana aller '"o
Treaty of CIent had been negotiated i'a'
treaty. did not relate to the fisheries, the American
Comm 81 GERS not being able TO a-r-e Uloh
common policy, yet combining to th"drt thelr
British colleagues attempt to deprive the ehi',"
S,a,es Of ia historic rights. Accordingly the
American Commissioners m 1878 cofS'uerc' "
~ paramount Importance that the fishing franchises
shau,d not onlv he reafirmcd but declared to be
urrpetual. Thor treaty oreued with his guarantee
that American fishing rights should be enjoyed
forever For this word forever they were
willing 70 give up certain insLors fisheries wheb
were considered of little value, especially as COM
pensaton was secured Ill the extension OF the Hshh%
grounds elsewhere. They were careful 10 use 'he
word renounce' in order to indicate that the
United States was still in possession ei lis tdu
rights after the War of 1872 They gave UP
within the threc-mile belt all rights which had
been previously enjoyed except those oil obtaining
shelter repairs wood and water. and retained
for the United States al It's remaining rights
to the inshore and deepsea fisheries In perpetuy'
Il would bs apart from the purpose to refer
in detail either the seventy years OF International
pickering which have followed this guarantee OF
perpetuty or TO the temporary adjustments he
ciurocity in 1854 and the Fisheries clauses OF
the Treaty of s7I, which proved disastrous to
American interests The sum Of the whole matter
is that treaty-law before Secretary Bayard began
to NEEDLE with it recognized and sanctioned the
ancient fisheries rights which were acquired ny
occupation, exploration and conquest III colonial
days The Treaty Of S1o no less than the treaty
OF 1888 confirmed the tenancy IN common ana
was charter of American rights. By various
acts Of maritime reciprocity passed between
1880 and 1850 commercial privileges which were
Unknown in 1918 were added To the fisheries
rights: and by Article xxx of the Treaty OF
1871 the landing and transshipment of cargoes
from Canadian ports to the United States were
directly sanctioned These were the guarantees
and rights embedded in trsaty-aw when Secre-
tary Bayard entered upon his diplomatic career
What has the Secretary done with these guaran-
tees and rights in his treaty? He has either sac
ri6ced COMPROMISED ignored them altogether
Pie privileges acquired BY Article XXlA OF trans
ahirunsnt Of car1oes he has withdrawn subject