Evening star., 1898-11-10
An Important Matter Awaiting Set
tlement.
LONG A CAUSE OF CONTENTION
Efforts of the Diplomats to Reach
an Agreement.
A SERIES OF TREATIES S

before the Anglo American commission,
now in session in this city today. is the
north Atlantic fishery question. This has
been the cause of contention between the
TWO countries for more than three-auartets
| of a century, and Las formed the subject
| of at least five treaties and two diplomatic
agreements. A brief account of the liDlo-
| matte history of the controversy is of IN
| terest at this time.
The Treaty of 1888.
BY the third article CT the treaty of 17s3
| between the United States and Great
Britain it was agreed that the people Of
| the United States should continue TO enjoy
| unmolested the right to fish on the banks
! of Newfoundland, in the Gulf of st. Law
| renee and all other places in the sea where
! the people of both countries used at any
| time to fish. 1t was further provided that
/ the Inhabitants of the United States should
| have liberty to fish on SUCH part of the
| coast of Newfoundland as British fisher
| men should use ana also on the ccas:s of
| all other British dominiCns in Nsr:h Amer
| lea. During the second war Wi h Eng and,
| of course, these rights were not exercised.
| During the negotiations ms of the treaty of
| Ghent, which terminated this conflict the
| British plenipotentiaries gave notice that
! their government considered that the fsn-
| cry clauses in the treaty Cf 1888 had been
| abrosated by The war. and that it did not
| intend to grant to he United States Sratui-
tously the fishery privileges which thcy
| had enjoyed under that treaty.
| The American commissioners contended
| that the fishery clauses of the treaty mere
| ly recognized existing rights, and that when
! such rights had once been recognized they
| could not be taken away, except as other
| national rights and national domain could
| be taken-by conquest. They asserted
| therefore, that as these rights existed in
| dependently of the treaty. they remained
intact even if the treaty were annulled by
| the war.
| Treaty of London.
The treaty of Ghent, however. contained
! no provision respecting fisheries, and the
| controversy continued until 1878 when
treaty was signed at London, in which each
of the governments made mutual conces-
| sons.
By article L of this treaty it was agreed
that our citizens should have in future the
| liberty of taking fish of every kind GER
| tain defined parts of the coasts of New
| foundland and Labrador. The United
| States renounced its right of fishing in
other British territorial waters. 1t was
| agreed that American fishermen should
have liberty forever to dry and cure fish In
| the unsettled bays, harbors and creeks of
| the southern part of the Newfoundland
coast and of the coast of Labrador, and
| that they should be permitted to enter all
other bays ard harborS for the purpose of
shelter and of repairing damages therein,
| of purchasing wood and of obtaining
| water
Complications as to the meaning of the
| phrase coasts bays, creeks or harbors,'
| arose under this treaty, the British author
| tiles claiming wide infets and great bodies
I of water British bays, from which they
| sought to exclude American fishermen.
| This government on the other hand en-
| deavored to restrict British waters within
| the limits which it believed the treaty
| contemplated. This treaty remained in
| force for period of thrty-six years. The
| 1tpS9 final hp1
| numerous that it was necessary in 1851 to
! resort again to treaty adjustment.
| Treaty of 1854.
The trea.y of 1854 provided that the in
| tabitants Of the United States should have
| the liberty to take fish of every kind, ex-
| cept shell fish, on the coasts, shores and in
| the bays, hartors and creeks of Canada,
| New Brunswick, Nova Scotia and the ad-
| 5acent islands, with permission to lana for
| the purpose of drying their nets and curing
| their fish. Similar rights on the eastern
coast Of the United States north of the Both
| parallel of latitude were granted British
| hshermen. Provision was made for the de-
| limitation of the boundaries of places eX-
| cluded from the common liberty of fishing.
| The treaty also gave certain tariff priv
! i'eges to Canada. This treaty was to re-
| main in force ten years, after which time
| either of the parties should be at liberty
| to terminate it by giving years notice to
! the other. Not much benefit was expert
| eEced under the treaty, and at the close of
the civil war, in 1865, the United States
denounced it, and in 1866 it ceased to be
of force.
| This relegated the parties to the terms of
the treaty of 1878, and revived the same
difficulties that had existed before.
| Treaty of Washinston
The situation became acute again IN 1870,
| and In 1871 the famous treaty of Washing
| ton was concluded. This substantially re-
| established the stipulations of the treaty of
| 1904, with the further provision that fish
| oil and fish of all kinds, except from the
| inland lakes and their tributaries, Should
be admitted into each country from the
other duty free. British subjects were
given the right to fish on the eastern coast
o. the United States north of the Both de.
| gree CT latitude, instead of the 3tth.
| Inc treaty also gave reciprocal rights as
| 10 conveyance of goods in transit through
| the possessions of the respective govern
| ments without examination or payment of
| cutles. Provision was made for a comn,,s-
| sion 10 determine whether the rights grant
| ed by Great Britain to the United States
| We're more valuable than those granted by
| the United States to Great Britain In
| which case an appropriate indemnity was
to be paid by the United States to Great
| Britain.
The commission, which sat at Halifax in
| 1877, awarded Great Britain an indemnity
| of $5,5OO,OOO While this amount was con-
| sldered to be greatly in excess of the value
| of the rights given our citizens, the United
| states promptly paid it. The popular senti-
| ment that the award was unjust, and that
! the treaty under which it was rendered
| ought to be terminated was so strong that
| Congress passed resolutions declaring that
| the treaty should be terminated at the ear
| liest possible date. Notice of the desire of
| this government to terminate the fishery ar
| rangement was accordingly given by the
| President in 1888, and in 1853 it ceased to
Il ha ctip 11ot lone Of h.
| 1918 were thereby revived again, with a
| recurrence of the old difficulties.
| Retaliation Threatened.
The harsh treatment of the fishing YES
| sells. in the execution of local provincial