The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-03-06
RIGHTS OF THE SMACKS.
MORE DOCUMENTS TRANSMITTED
TO CONGRESS.

A Letter From Secretary Bavard in
Which He Sets Forth the Advantages
of the New Treaty-A Letter to Sir
Charles Tupper Advocating the
Conference.
WASHINGTON, March 5.-The President
has transmitted to Congress the remaining
documents and protocols relating to the
fisheries treaty, together with letter from
Secretary Bayard. In this letter the Secre-
tary says:
An inspection of this documentary history
will serve to demonstrate the practical and i'm
portant results accomplished by the treaty now
pending before the Senate, by which the ques-
tlon of the Interpretation and administration of
the treaty of 1918 between the United states and
Great Britain is transferred and elevated from
the obscurity into which 1t had been suffered to
lapse since the date of that convention, and its
restoration from practical control Of minor and
local officials of the, Canadian mari
ing was concluded no available remedy seems
to have been supplied for the inconsistencies,
incongruities and unjustifiable construction of
the treaty of 1913, to which our fishermen had
year after year been subjected, and which, by
the progress of gradual encroachments of Can
adian legislation and local port regulations had
almost converted their privilege, expressly re-
served by treaty, into sources of Inconvenience
and expense.
LAST YEARS ROWS.
An examination of the published lists con-
tanned in this correspondence and laid before
Congress will disclose that the preteXt or causes
alleged for arrests, fines detentionS and other
haraSsment of American fishing vessels during
the years 1886 and 1887, were based on alleged
infractions of the treaty of 1918, or of Canadian
laws passed in professed execution 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 by the
provisions of the treaty now before the SEN
ate, and the amplest enjoyment
by United States fishermen of treaty rights and
the customary hospitality due under interna-
tional law is secured in the ports and harbors of
Eastern Canada and Newfoundland The cor
respondence will serve also to establish the fact
that prior to the treaty of reciprocity of 1854,
and subsequent to its abrogation, and in the
years 1870 and 1871, vexatious and harassing
administration by the Canadian authorities
was practiced and unchecked.
REMEDY NECESSITY.
AS neither the treaty Of 1854 nor that of 1871
contained any alluSion to the wrongs thus in
flicted upon United States fishermen, and as
neither convention contrived any remedy or
provision against their renewal and repetition,
it became necessary that such remedy should
no longer be unprovided. II IS believed that
such remedy is practically and fully supplied
by its terms, now and for the first
time since 1918, just and joint Interpretation is
agreed to by both governments and placed upon
the treaty OF 1915, W0lCl VIII secure JuSJ ana
hospitable treatment TO United States fisher
men, and secure to them unmolested full meas
ure of their rights, and that under the proposed
arrangement every American fisherman pursu-
ing his vocation in waters adjacent to British
North America can acquire clear un-
derstandng of his rights and duties
whilst within the jurisdictional waters
of Canada or to such ports and harbors as
casualty necessity or convenience may suggest,
without fear of encountering such harsh and
unfriendly treatment as he was heretofore sub
jected to under the uncertain, unwarranted,
and variant Interpretation Of his treaty rights.
THE ACCOMPANYING PAPERS.
The accompanying papers referred to are
MADE up of extracts from the diplomatic
correspondence of 1887, Secretary Bayard's
letter to Minister Phelps of July II, 1887,
and the protocols of the conference of the
negotiators. The first enclosure is a long
letter, dated May 81, 1887, from Secretary
Bayard to Sir Charles Tupper, marked
personal and unofficial Secretary Bay
ard refers to tie delay and awakwardness
caused by the triangular negotiations here
tofore carried on between this country and
Canada and Great Britain, which arises out
of the complicated political situation in the
British Dominions, and the fact that Eng
land must make treaties for her dependen-
denotes, and suggests a conference between
representatives of Canada, Newfoundland,
Great Britain and the United States. Sec
retary Bayard then says:
The gravity of the present condition Of af-
fairs between our two countries demands entire
frankness. feel we stand at the parting of
the ways In one direction can see well as
sured steady, healthful relationship, devoid of
petty jealouses and filled with
of friendship cemented by mutual
interests and enduring because based upon JUS
tice on the other, a career of embttered rival
ries staining our long frontier with the hles OF
Of
an adjacent prosperity without gain to a preva-
lent part-mutual physical and moral deteriora-
tion which ought to be abhorrent to patriots on
both Sides and which | am sure no two men
will exert themselves more to prevent than
the parties to this unofficial correspondence.
AS an intelligent observer of current popular
sentiment in the United States, you cannot
have failed TO note that the disputed interpre-
tation OF the treaty of 1878, and the action of
the Canadian officials toward American fishing
vessels during the past season has awakened
great deal of feeling. II behooves those who
are charged with safe conduct of the
honor and interests of the respective countries
by every means in their power sedulously
TO remove all causes of difference. The round
about manner in which the correspondence on
the fisheries has been necessarily. perhaps, con-
Quoted, has brought us into new fishing sea-
son, and period Of possible friction is at nand,
and this admonishes us that prompt action is
needed. | am prepared therefore. TO meet the
authorized agent of Great Britain at this
capital at the earliest possible day
ana enter upon negotiations 1Or
settlement of all differences. The
magnitude Of the interests involved, and the
far-reaching and disastrous consequences of
any irritating and unfriendly action, will,
trust, present themselves to those in whose
jurisdiction the fisheries lie, and cause wise
abstention from vexatious enforcement of dis
puted powers
SIR TUPPERs REPLY.
Sir Charles Tupper replied to this in
similar personal and unofficial" letter
received by Secretary Bayard June 10.
Sir Tupper says:
had great pleasure in receiving your letter
of May 81, evincing as it does the Importance
which you attach 10 an amicable adjustment OF
the fisheries question, and the maintenance of
cordial commercial relations between the United
States and Canada under which such vast and
mutually beneficial results have grown up. /
entirely concur in your statement that 1--WE both
seek 10 attain a just and permanent settlement
and that there is but one way 10 procure IL, and
that is by straightforward treatment on the
liberal and statesnaute plan Of entire com
merca relations Of the two countries. note
particularly your suggestions that as the in
terests ol Canada are 80 Immediately concerned
her Majesty government should be invited to
depute a Canadian statesman TO negotiate with
you ntOdts UtUendt TO meet the present emer-
gencies and also a permanent plan 10 avoid all
disputes, and feel no doubt that the negotia-
tions thus undertaken would greatly increase
the prospects OF a satisfactory solution. / say
this not because feel that there has been any
disposition on the part Of the British govern
ment to postpone Canadian interests to It's own,
or 10 retard by needless delay the settlement
desired by and advantageous 20 the
Dpopie of Canada and of the