Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-08-23
ARTICLE XII
OF the Bayard-Chamberlain Treaty
Privileges Of IDcalculable Value Given
by it to the Canadians.
BosroS. Mass. July 10Th. 1855.


To the Editor of the Phiiadelphia Erening
Bulletin.
Article IL. Fishing vessels of Canada
and Newfoundland shall have, on the Attain
tic coast of the United States, all the priv
ileges reserved and secured by this treaty to
United States fishing vessels in the aforesaid |
waters of Canada and Newfoundland.
The effect of this article is more extensive
than would appear on a cursory reading
What are 1.-The aforesaid waters" and what
1.-The privileges reserved and secured by this
treaty" which we are required to reciprocate
on our Atlantic coasts and what is the meas
ure of the reciprocity this article calls for?
In the aforesaid waters" we have the
liberty" to fish for all kinds of fish, near
the shore, to land, cure and dry the fish on
a vast extent of the coast of Canada and New
foundland, but on limited portion, are
excluded from fishing within three miles of
the shores.
This February convention refers and re-
lates to both these classes of water-see
the eastern and northeastern coasts of Can
ada, or of the coasts of Newfoundland.
Article 10. The bays and harbors of the
renounced fishery district, Article l." in
Guiding certain interior portions, Article 5.
Thus the whole waters of the British North
American sea-coast are included as the field
for finding all the privileges which the
Treaty grants to the British vessels of our
coasts "All the privileges" must be CLEANED
from the treaties. This right to fish and
land, to dry and cure, must be extended to
them, on all our Atlantic coasts. No reser-
walton is made of any kind of fishing, nor of
any part of the coast, in or outside of the
State lines, or of the three mile line, or of
private rights now vested. The treaty will
become supreme over State Constitution and
laws. 1t follows, that the Canadians and
Newfoundlanders can participate within
three-mles of the coast of the United States
in all the local fisheries, river, bay and coast
the sbad, herring, lobster, crab, terrapin,
bass, baittish, oyster, shrimp, clans, turtle,
sponge and snapper fisheries of the Southern
coasts, are all laid open to them, as fully as
the cod hake and paddock, lobster, etc, of
the Eastern States. State laws are annuled,
and the entire existing private rights, in bays
and rivers now protected by laws are wiped
out by this one article of the treaty.
Delawareand Chesapeake Bays, the Sounds
of North Carolina, Georgia, Florida and their
rivers are all made free to the fishing of the
Canadians and Newfoundlanders, in season
or out of season, in any mode they please TO
employ Aye, they may claim that the
shores of the Gulf of Mexico are part of the
Atlantic. coasts, and Alabama, Mississippi,
Louisiana and Texas equally invaded
This is not an idle construction of Article
~. The treaty becomes a part of Article
of the treaty of lslS--see its preamble. 1t
embraces wider scope than the remuneration
clause, and as the Interpretation of the treaty
of 1918, its clauses, become grated and in
corporated integrally as one substance with
the clauses of that treaty. There is no es-
cape by saying that Articles 10 and / and IL
are complete within themselves for the last
clause of Article 10 says, "but this enumera-
ton shall not permit other changes inconss-
tent with the enjoyment of the liberties re-
served or secured by the convention of Oc-
tober 20, 1918.
Can it be denied that this clause preserves
and secures" those liberties" of 1918, and
brings them within the descriptive words of
Article IL, as privileges reserved and Sc
cured by this treaty" which are to be recip-
rocaly enjoyed by the Canadians and New
foundlanders on the Atlantic Coast of the
United States? The word liberties has
been construed to mean "privileges, rather
than rights in all the diplomatic cores
pondence of the English. The United States
reserves nothing in Article IL.
l think there can be no reasonable doubt
that Article ~ will justify British claim to
participate in all our coast, bay, sound and
river fisheries, and will preclude Congress
or the States from passing any laws on the
subject without British consent. There are
further privileges in the renowned waters
which we grant by Article 13 in our waters
to the British. viz: when entering for shell
ter, repair, wood and water, the harbor ton
mage, light duties and other similar charges
may be levied on them, as when in there Art
H. for replenishing outfits provisions and
supplies, damaged or lost by disaster death