New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-23
PRICE THREE CENTS.
Mr.. NIMMO ON THE FISHERIES
HUMAN RIGHTS NOT SUBJECT TO BARTER
CHANGES IN INTERNATIONAL MARITIME LAW
SINCE THE FIFTEENTH CENTURY-THE EE
FORT TO RESTRAIN CANADIAN BARBAR~
IsM-TREATY STIPULATION AND LEGIS-
LATI0N IN THE UNITED STATES-US-
LIMITED CHAMPAGNE FOR TREATY

LATIoN IN THE UNITED sTATEs-US-
LIMITED CHAMPAGNE FOR TREATY
MAKERS AND LIMITED SEA-wATER
FOR FISHERMEN.
TO the Editor OF The Tribune.
Sir: The fisheries in waters to the eastward
OF British North America were acquired from
Franco through conquest, by the common blood
and treasure Of the American colonists and their
British brethren, in a struggle extending from
1900 to 75s When the colonsts had achieved
their independence they strcnuously and success
fully maintained their claim TO an equal share
Of all the rights and privileges Of the fisheries as
against the claim of Great Britain to their cx-
elusive possession. The treaty OF peace con-
cudcd at Paris in 7s3 secured these rights upon
the ground of prc-cxistent tenancy in common.
American fishermen were thus accorded the equal
right to participate in the fisheries the Binl1s
OF Newfoundland, /. e.. on the high seas, and
along the shores Of Newfoundland. This treaty
also in terms secured to citizens Of the United
States certain concomitant privileges, vital at
that time to the successful prosecution Of the
fisheries viz: access to the shores of British
America for drying and curing fish, along the
shores Of Nova Scotia, the Magdalen Islands and
Labrador. These shore privileges of taking, dry
ing and curing fish were readiusted by the terms
of the Treaty of 1873 and there also then
conceded to our fishermen the privilege Of entering
certain bays and harbors for the purpose OF shell ,
ter, for the repair Of damages, and for procuring
wood and water. Whenever any of these prvi-
leges touched the interests of private property
they to become the subject Of private con-
tract. just here it is important TO observe that
the merits of the fishery question have been OBJ
scured by failure to recognize the fact that the
present status of the international relationships
existing between the United States and Great
Britain with respect TO maritime commerce. in
Guiding the fisheries, Is the result not only OF
treaty stipulations, but also and in higher de-
gree the result of changes which have taken place
in the limitations OF international law and OF
statutory enactments of the two countries. These
latter, in connection with certain usages Of a re-
ciprocal nature which characterize modern civil
ization, define what is generally known as the
comfy Of nations. The maritime commerce or
the globe would be thrown into confusion II all
nations should now withhold everything not spe-
cifcally embraced in commercial treaties.
CHANGE IN THE DOCTRINE OF MARITIME
RIGHTS.
In the early period of maritime adventure by
the nations Of Europe bays seas, and even
oceans were claimed as possessions by the right
of discovery. In the year 1913 Balboa waded up
to his middle in the Bay of Panama and. with
uplifted sword, took possession Of the Pacific
Ocean In the name of the King Of Spain. The
right Of participation in the fisheries Of North
America over a considerable part Of the Atlantic
Ocean, embracing the Banks of Newfoundland
was based upon presumption OF similar char-
acter But by the common consent OF nations
claims to territorial Jurisdiction large bodies
of water are now regarded as fctions Of past
age. The right to catch fish anywhere on the
high seas is now conceded to be the common right
of all nations.
The Treaties Of 1888 and 1918 were both
framed during period when Great Britain abb
solutely denied to the vessels Of all other
countries the right to trade with her American
colonies and both those treaties are marked by
that illiberal though undoubtedly valid exercise
of national sovereignty The United States earn
estly protested against this practice, and finally
responded in the year 1871 by an act closing its
ports to British vessels coming from or going TO
ports closed to American vessels. In the curse OF
a few years England and her colonies tired of this
restriction. By an act passed in $780, the United
States offered to admit to its ports British ves-
sells from colonial ports provided American YES
sells were admitted to these ports; and in time
Great Britain responded to this offer of reciprocal
commercial intercourse.
But cur act of Congress of May "a, 1928 was
much more important in its effects upon the in
ternational commerce of the world. BY that act
we offered to permit the ships of any nation coming
from any country with goods the product Of any
country to enter at our ports Jpn the same terms
as our own ships whenever such nation should
notify our Government that it had responded to
this offer OF reciprocity The absolutely recip-
rocal relations Of maritime reciprocity thus inaug-
urated by the United States exist upon tho
basis of official notification between this country
and almost every commercial nation of the globe.
Rrita 10
such an arrangement by her act OF IL and 13
Wet. Chap 20 (26 June, 1s49), but as yet she has
failed to notify the United States Of the fact,
SO that it cannot be regarded in the light Of an
international agreement So likewise she declines
to enter into any treaty based upon the conven-
tional arrangement known as "the most favored
nation clause. The chief propagandist OF tho
principles of free trade prefers to be free of all
restraint so that she may as the free lance" OF
the ocean exploit upon the commercial interests
of the whole world by diplomacy, by subsidy, by
force of arms, and by determinations protective
and enabling in their character with respect To
British ships, British merchants and British COM
mercial influence. Instead of openly embracing
maritime reciprocity she has coquetted with il,
notwithstanding the fact that the free competition
which it involves has had the effect Of building up
British shipping interests and driving American
ships from the ocean.
INCoNGRUoUs INTERPRETATIONS OF TREATY
STIPULATIONS
The treaty stpulations, laws and treasury reg.
ulations and usages which define the United
States and Canadian Transit Trade" inaugu-
rated in 1885, and since greatly enlarged, as to its
provisions, in connection with Article xxx. of
the Treaty Of Washington Qs7l), also embrace
important reciprocal privileges of commerce affect
ing the rights of American vessels of all sorts in
British ports. BY these arrangements goods may
be shipped from or to the Dominion of Canada
through the ports and the territory OF the United
States, and goods may also be shipp'd from or to
the United States through the ports and the ter
rtory Of the Dominion of Canada in the vessels
of any nation and in both cases without the pay