New-York tribune., 1905-07-17

retary as to what answer he should give to the
4 @ oFd GP@ sasSuTS fG5
that Captan SnIyans fspoT nitsS States Usher
men. on this occasion, had committed three as
st as ed by he OF %fandand sSermen except
in the of vessel. whose master refused 10
that he % should T desist from nshing on SUNDAY. IN
violation of the law OF the colony and of the local.
custom.
THE AMERICAN CONTENTION.
Secretary Evarts. In a long and comprehensive
reply. reviewing the evidence secured by Captain
Sullivan and his conclusions deduced therefrom,
well the implied Endorsement by LORD
Salisbury OF the principle that the Americans were
subject to colonial regua tons disputed this propo-
sition in the following words:
In this observation of Lord Salisbury this gov
ernment cannot fail to see a necessary ,mpnea.,
in the the Of the Tgn 9f fhgg IN b 2ra
70 70 .ns Slteu states py al , ~ u S
which govern the coast population Of Newfound-
enacted befops OF sinae ih tre5ty Of WasHington
supposed to be constrained by actual legislation OF
regulation Of our ashng Interest interest within the three
mile limit which can well be conceived But they
limitation of the right secured by treaty as prac
sIa Saly to exclude M our shermen from any Proatt
is equivalent to annuing or cancelling by the
the treaty with the British government If our hsh-
ing fleet Is subject to the Sunday of Newfound-
from the fishing grounds for half the Year from
Ucoooer to april II our "seines and other conriv-
ton OF the legislature of Newfoundland. it is not
privilege OF Article Xviii. as Conceded to- TO the
United States this government promise to its
II there are to be regulations OF a common enjoy
or joint authority But. most manlfestly, the sub
Ject Of the regulations OF the enjoyment OF the
and of the inshOre fishery by our ieet Of fishng
cruisers cruisers does not tolerate the control of d.
legislation Of the province Protecting and nursing
interest on the ordinary motives of human con
iaTisi h9ecess9rlly 9 shape and animate the local
Ing bait, and thus compel them 10 go without
vnca fishermen is the Interest," Of gtS the oI oca e Es s6
doea dden ana VIII be he guide and motive of such
tice of this government ~
1t VIII be at once seen that this is virtually the
very issue raised again to-day by the contention
or Canada and Newfoundland that the American
mSheIHen nave no right to buy bait. even where
the treaty comedies them the liberty of taking"
hsh OF every description; and therefore Mr. Evartss
exposition of the attitude OF the American govern
ment IN respect to this subject given in the
same dispatch is worthy Of more than passing no
tlce He declared: This government cannot but
subject 81 that his ordshp's note seems to indicate
Of the United States conceded by the treaty. Of
W. Mashlngton are to be exercised wholly free from
me restraints and regulations OF the statutes OF
Newfoundland, now set up as authority over our
ing in force or that nav hereafter bs enared
Dy mat government He admitted that measures
vent conflicts between the fishermen but argued
4s,da tneSe should be arranged by joint Anglo
assertion of colonial authority would be regarded
itself and forming an clement Ra " would tmf reays favs
prevented the consumma tiOn of the treaty by the
been supposed that would be proposed According
~ ne invited from the British government frank
authority Of the provincial Legislature to regulate
the enjoyment by our people OF the inshOre fishery
which seems to be intimated. If not asserted, in
Lord Salisbury's note"
ENGLISH INTERPRETATION OF TREATY
Lord Salisbury in replying. observes that Mr.
Evarts takes exception to my fetter on the ground
OF my statement that United States fishermen con-
cerned have been guilty of breaches of the law
From this he infers opinion my part that it
is competent for British authority TO pass laws
in suppression OF the treaty. binding American fish
eiIen within the thTee-mile limit in pointing
that the American fishermen had broken the law
ions 1 had no intention of infeTentiaiIy having
sSapa any p[ncpes 81 or rteTna tional law and no
require hardly believe bownvsr fba{ Nj
would in discussion adhere TO the broad doctrine
which some portions of his language would appear
pass any kind OF laws binding American hshermen
fortiori to any other power and the waters must
is indeed selfeviSeni VII Rts fesqy sdmitmwhat
engagements OF the treaty Of WasbinStdn W S,bInb
cannot be modified or affected by any municipai
however may violently break iaT Wbrh b a
Heyes to be contrary TO the treaty a Newfoundland
fisherman may violently maintain it If he believes
II TO be in accordance with the treaty As the
points in issue are frequently subtle and REQUIRE
considerable legal knowledge nothing but CON
tusi"n and disorder could result from such a mode
OF deciding the Interpretation OF the treatV Her
enacted by the legislature of the country whateyr
IL may be; ought TO be obeyed by natives and for
{ofla lnlts OF ITS jurisdiction; but that if a law
has inadvertently been passed which limits the
tedtH tsnts OF d Ioreign pCWer the correction OF
me mistake at the earliest period Is matter of in
ternatiOnal Obligation
After these dispatches which dealt with more
or ess abstract points. but nevertheless, far
as the subject Immediately under discussion an
piled rather favored the American side by the
sarty bound by local enactments other Core
spondence followed, in which Secretary Evarts en-
phasized the point that the Observation-Disclosures had
no right to take the law into their own hands
even u IT could be proved. which il had been.
treaty privileges The British government Serae5
to this and paid the OF S65.OO0 To compen-
safe the American vessels for their loss and with
this the incident closed.
II is valuable at the present juncture as making
clear the fact that the precise scope and effect OF
treaty of 1871 or the convention of 1918 have never
been clearly decided and that II is still a moot
endeavor to secure bait by any ordinarily legitimate
means that portion Of the coast. where they
seen the practice which has prevailed at the Mag
daenS. where they have been allowed to buy bait
fOundland where they have always been restricted
to the right of taking bait with their own crews
and those only, and where they have been forced
10 take out license the moment they hire single
coastman TO help them at their work. The present
outlook is that with Canada taking hand in the
possibly in a more summary fashion than
people now think, II an American warship comes
north.