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' errata d to It a palure. ^on A Tl 1 2 3 32X 1 2 3 4 6 e THE NEW AGE— Supplement. |rT»Vk: Northeastern Atl Brtrartsfrom the Kessage X^X^T'JJXt-.t: .r V««aei/lant flovalflnrl h'recognixed, and the right of oar fishermen 01 rresiaeni wieveiana, ^ ^^^,y p„^^^ ^^^^ ^^ „ ^^^ Transmitting tlie Treaty of Feb. 15. 1888. The treaty meet* my approral, became I believe that it luppUea a latiifautory, practi- cal, and final adjuitment, upon a baaii honorable and just to both parties, of the difllcnlt and vexed question to which it relatM. A review of the history of this question will show that all former attempts to arrive at a common interpretation, satisfactory to both parties, of the first article of the treaty of October 20, 1818, have been unsuccessful ; and with the lapse of time the difficulty and obscurity have only increased. The negotiations in 1864 and again in 1871, ended in both cases in temporarj' reciprocal arrang«ments of the tariffs of Canada and Newfoundland and of the United States, and the pilymeut of a money award by the United States, under which the real questions in difference remained unsettled, in abeyance^ and ready to present themselves anew just so soon as the conventional arrangements were abrogated. The situation, therefore, remained unim- proved by the results of the treaty of 1871, and a grave condition of affairs, presenting almost identicail> the same features and causes of complaint by the United States against Canadian action and British default In its correction confronted us in May* 1686, and has continued until the present time. if The proposed delimitation of the Unea of the ezclTislve fisheries from the common fisheries will give certainty and security ^^ to the area of their legitimate field; the headland theory of imaginary lines Is abak- doned by Oreat Britlan, and the ipeciflcatlon in the treaty of certain named bays especially provided for gives satisfaction to the inhab- itants of the shores, without subtractmg materially from the value or convenience of the fishery rights of Americans. The uninterrupted navigation of the Strait of Canso Is eipressly and for the time affirmed, and the four purposes for which our fishermen under the treaty of 1818 were allowe.. . ■•claries, to secure kindly and peace ful relations during the period that may be required for the consideration of the treaty by the respective Oovernmentt and for the enactment of the necessary legislation to carry Its provisions Into effect if approved. This paper, freely and on their own motion, signed by the British conferees, not only extends advantagat to our fishermen, pending the ratification of the treaty, but appears to have been dicUted by a friendly and amicable spirit. line from Latine Point, uu k mainland shore, to the most Spat of Red Island, tiience by the ino Point of Merasheen Island to tin Long Island and Bryer Isli Mary's Bay, in Nova Scotia, si purpose of delimitation, be tal coasts of such bay. AnTicLB V. Nothing In this Treaty shall h* to include within the common^ such interior portions of any ba or harbors as cannot be reachci sea without passing within the tl miles mentioned in Article I of t Uon of Octoi 20, 1818. Akticlb VI, The Commissioners shall "ito time report to each of the High ( Parties, such lines as they may 'i upon, numbered, described, anu herein provided, with quadruplU thereof; which lines so reporte«l i with from time to time be slmi proclaimed by the High Contracti and be binding after two months proclamation. Akticlb VII. Any disagreement of the Com shall forthwith be referred to i selected by the Se.retary of titi United States and Her Britennlc Minister at Washington; and hi shall be final. AnrioLn VIII. Each of the High Contractii shall pay its own Commissioners a All other expenses Jointly incurre nection with the performance of Inoluding compensation to the tin be paid by the High Contr4cting oqul moletiee. AnriCLB IX. Nothhig ia this Treatv shaU in affect the free navigation of tlu Canso by fishing vessels of tl Statep. , Abticlb X. United Stetea fishing veasels bays or harbors referred to in Ai this Treaty shall conform to hai lationa common to them and ves^ls of Canada or of Newfouni They need not report, enter or c putting Into such bif§ or harbor* : or repairing damagae, nor when p the same, outsido tJM limits of s ports of entry, for the purpose of ing wood or of obtaining water ; e The Treaty of Feb. 15, 1888. •afe-guard against oppressive or arbitrary action, thus protpcting the defendant fisher- men from punishment In advance Of trial, delays, and inroiivcnlencc and unnecriiMry Abticlb II. The rommlssion shall consist of two Commlssiiiners to ho named by her Hrltannic Majesty, and of two Commissioners to be any such rosiel remaining m twenty-four hours, ezelusive of and legal holidays, within any sac communicating with the shore the be required to report, enter, or c no vosmI shall be excused her giving due information to boardini They shall not be liable In any or harbors for compulsory plloti when therein for the purpose of s repairing damages, of purchasing of ol>talnlng water, shall they b* harbor dues, tonnage dues, buoy i dues, or o^er sTnillar dues; ennmeration shall not permit oUia inoonslfteat with the enjovmen liberties reserved or seonraid by thi Uon of October 'M, 1811. AaricLB XI. United States fishing vessels enl tNirIa, bays, and ht^rbors nf 'h' Kiv Nurtlieastera uo* \ ■ u/ Cttuud-t, ( ooasu of Newfo? .idland undt'.tr ( weather or other casual W rjay reload, tranship, nr sell, subject to laws and regnUtion*, all fish on boi such unloaaing, transshipment, u made necessary as Incidental ti> ri'i epienlsh In tli.i txamt h.va nil -...I U. .!._.. t."^ L Atlantic Fisheries, line from Latino Point, on Atie Emitcrn mainland tliore, to the most Southerly I'oint of Red bland, tiienca by the inoiit Southerly Point of Meraahecn laland to the mainland. Long Island and Bryer Island, at St. Mary's Bay, in Nora Scotia, shall, for the purpose of delimitation, be taken as the coasts of such bay. Akticlb V. Nothing in this Treaty shall be constmed to include within the common^ waters any such interior portions of any bays, creeks, or harbors as cannot be reachcil from the sea without passing within the three marine miles mentioneil in Article I of the ConTen- tion of Octol r 20, 1818. Articlb VI, The Commissioners shal'l ttom timcT to time report to each of the High Contracting Parties, such lines as they may 'lare agreed upon, numbered, described, auu marked as herein provided, with quadruplicate ciiarts thereof; which lines so reportetl shall forth' with from time to time be simultaneously proclaimed by the High Contracting Parties, and be binding after two moutlu from such proclamation. Article VII. Any disagreement of the Commissioners shall forthwith be referred to an Umpire selected by the Secretary of Ktate of the United Stetes and Her BriUnnic Majesty's Minister at Washington; and bis decision shall be final. Artiolb VIII. Each of the High Contracting Parties shall pay its own Commissioners and officers. All other expenses Jointly incurred, in con- nection with the performance of the work, inaludiog compensation to the Umpire, shall be paid br the High Con(r4cUng Parties in •qui moieties. Article IX. Nothing ia this Treatv shall Intarmpt or affect the free navigation of the Strait of Canso by fishing vessels of the United Statcy. Article X. United SUtei fishing veMels ratwiBf the bays or harbors referred to in Article I of this Treaty shall conform to harbor regu- lations common to them and to fishing ves^ls of Canada or of Newfoundland. They need not report, enter or clear, when putting Into such btgri or harbort for shelter or repairing damages, nor whes patting into the same, onttide tM UmtU of eftabUsbed l»orts of entry, for the purpose of purchas- ng wood or of obtaining water ; except that any such vmnI remaining more than twenty-four hours, exeluslve of Sundays Mid legal holidays, within any snch port, or communicating with the shore tbereln, may be required to report, enter, or clear ; and no vssmI shall be excused hereby from living due information to boarding officers. They shall not bo liable In any such bsys i>r harbors for compulsory pilotage; nor, irhen therein for the purpose of shelter, of repairing damages, of purchasing wood, or if obtaining water, shall they he liable for ^bor dues, tonnsge ilues, buoy dues, light lues, or o^er sTniilar dues; but this tnumeration shall not permit other charges nconsitteni with the enjovment of the iberties reserved or seoored by the Conven- Ion of October JO, 1818. Article XI. United 8UtM fishing vessels enlerinf the mrts, bays, and hi>fhera of *h'.JhmU"n Md j furtlieasieru uo* v ' ui' Cauudft, (it '5a ^b» toasts of Newfo?.idland nndt'.tr stress of sather or other casualW May unload, eload. tranship, or sell, subject to cui>i»ms aws and regulations, all fish on board, wlion ncli unloaalng, transshipment, or sale is iiade necessary as Incidental to repairs, and nay replenish outfits, prnvtslons nml snp from the usual and necessary casks, barrels, kegs, cans, and other usual and necessary coverings containing the products above mentioned, the like products, being the produce of fisheries carried on by the fisher- men of the United States, as well as the usual and necessary coverings of the same, as above described, shall be admitted free of duty into the Dominion of Canada and Newfoundland. And upon such removal of duties, and while the aforesaid articles are allowed to be brought into the United States by British subjects, without duty being reimposed thereon, the.privilege of entering the ports, bays, and harbors of the aforesaid coasts of Canada and Newfoundland, shall be accorded to United States fishing vessels by annual licenses, free of charge, for the following purposes, namely: 1. The purchase of provisions, bait, ice, seines, lines, and all other supplies and outfiU; 2. 'Transshipment of catch, for transport by any means of conveyance; 3. Shipping of crews. Supplies shall not he obtained by barter, but bait may be so obtained. The like privileges sliall be continued or given to fishing vessels of Canada, and of Newfoundland on the Atlantic coasts of the United States. Extracts from Cozmnunicar tion of W. L. Patnam, Published in the Portland Argus, March 1, 1888. PROTOCOL. The Treaty having been signed by the British Plenipotentiaries desire to state that ' they have been conHiiiering the position i which will be crenteii by the ininieiliate commencement of the fishing reason before the Treaty can itossibiy be ratified by the iLLinate of the United States, by the Parlia- 1 ment of Canada, and the Legislature of Newfoundland. In the absence of suck ratification the old conditions which have given rise to so much friction and irritation might be revived, and might interfere with the unprejudiced con- •ideration of the Treaty by the legislative bodies concerned. Under these circumstances, and with the further object of affording evidence of their anxious desire to promote good feeling and to remove all subJecU of L-onirovetsy, the British Plenipotentiaries sre ready to raalie the following temporary arrangement for a period not exceeding two years, in order to afford a "modus vtv«Nct of the Treaty of IHiS. F ^rrv ^ and reitrictions as in the past have embar ratted and obstructed them so teriontljr. The enforcement of penalties for unlaw- fully fishing or preparing to fish within thu inshore and exclusiTe waters of Canada and Newfoundland, is to be accomplished under Mfe-gnard against oppresiive or arbitrary action, thut protecting the defendant flther- men from punishment in advance of trial, delays, and inconrenience and unnecessary expense. The history of events in the last two years shows that no feature of Canadian adminis- tration was more harrassing and injurious than tlie compulsion upon our fishing vessels to malce foimal entry, and clearance on •very occasion of temporarily seeking shelter in Canadian ports and harbors. Such inronvenience is provided against in the proposed treaty, and thit most frequent and just cause of complaint is removed. The articles permitting our fishermen to obtain provisions and the ordinary supplies of trading vessels en their homeward voyages, and under which they are accorded the further and even more important privi- lege on all occasions of purchasing such casual or needful provisions and supplies as are ordlnarly granted to trading vessels, are of great importance and value. The licenses which are to be granted without charge and on application, in order to enable our fishermen to enjoy these privileges, are reasonable and proper checks in the hands of the local authorities to identify the recipienU and prevent abuse, and can form no impediment to those who intend to use them fairly. The hospitality secured for our VMSeli in all cases of actual distress, with liberty to unload and sell and transship their cargoes, it full and liberal. These provisions wi>'> secure tne tubitan- tial enjoyment of the treaty right* for our fishermen under the treaty of 1818, for which contention has been steadily mads in the correspondence of the Department of State, and our minister at London, and by the American negotiators of the present treoty. The right of our fishermen under the treaty uf 18IS, did not extend to the procure- ment of distinctive fishery supplies in Canadian ports and harbors ; and one item supposed to he essential, to wit, bait, was plninly denied them by the explicit and definite words of the treaty of 1818, empliasizud by the course of the negotiation anil express decisions which preceded the conclusion of tlint treaty. Tlie treaty now submitted contains no proviiiuii affecting tariff duties, and, In- ilepi'iiilently of thu position assumed upon the part of the United States, that no altera- tion in our tariff or other domestic legislation could he made as the price or consideration of obtaininK the rights of our citiiens secured >iy treaty, it was considered more expedient to allow any change in the revenue laws of the United SUtes to be made by the ordinary exercise of legislative will, and In promotion of the public interesta. There- fore, the alpfense, except when bail is Kensonable bail shall be accepted shall be proper appeal available defense only ; and the evidence at may be used on appeal. Judgments of forfeiture ihall be by the Governor Gcnen.! of C Counoll, or the Governor in Ci Newfoandhwd, before Uie tame ecuted. Artktlb XV. Whenever the United BMm aha! the duty from fish-oil. whale-oil, and flsh of all kinds (except fish { in oil), being the produce uf flsheri on by the iahermen of 4 Canada i fbudland, faMlodiag Labmdor, ■ Abticlb XI. United States flihing veuels entering the irti, bavi, and lu^'b«ra of ♦h^^tt-rn tnd irtheaateru cor >'. oi' Canadii, tti t»1l the aata of Newfoundland nndi,ir atreia of sather or other eaiualty roajr unload, Ioad« tranship, or sell, subjec.t to custom* ITS and regulations, all fish on board, when ch unloading, transshipment, or sale is ule necessary as incidental to repairs, and %y replenish outfits, proTisions and snp- ies damaged or lost by dissiter; and., in se of death or sickness sbull be allowed I needful facilities, including the shipping crews. Licenses to purchase in established ports entry of the aforesaid coasU of Canada of Newfoundland, for the homeward voy- ;e, such provisions and supplies as are ordi- xily sold to trading vessels, ehall be grant- 1 to United States fishing vessel in ssuch >rt*, promptly upon application and without large; and such vessels, baling obtained senses in the manner aforesaid, sliuU also ) accorded upon all occasions such facli- is for the purchase of casual or needful ovisions and supplies as sre ordinarily anted to the trailing vessels; but such ovisions or supplies shall not be obtained ' barter, nor purchased for resale or traffic, Abticlb XII. Fishing Tesseb of Canada and Newfound- nd shall have on the Atlantic coast of the nited States, all the privileges reserved id secured by tUs Treaty to United States ihing vessels in the aforesaid waters of anada and Newfoundland. Abticlb XIII. The Secretary of the Treasury of the nited States shall make regnUtions provid- ig for the conspicnooa exhibition by rery United States fishing vessel, of its Hcial number on each bow ; and any such Bssel, required by Uw to have an official amber, and failing to comply with such reg- lations, shall not be entitled to the licenses rovided for in this Treaty. Such regulations shall be 'sommunicated I Her Majesty's Qovemmen previously to leir taking effect. Abticlb XIV The penalties for unlawfully fishing in ie waters, bays, creeks and harbors, eferred to in Article I of uiis T:««;, may ztend to forfeiture of the boat or vessel, nd appurtenances, and also of the supplies nd cargo aboard when the offense was onimitted ; and for preparing in such wuters ) unlawfully fish therein, penalties shall be xed by the court, not to exceed those for niawfully fishing; and for any other iolation of the laws of Great Britain, 'anada, or Newfoundland relating to the ight of fishery in such waters, bays, creeks r harbors, penalties shall le fizetl by the ourt, not excoc>y Aft not communicate with the shore. 4. Forfeiture to be exacted only for the offences of fishing or preparing to fish in territorial waters. 5. This arrangement to take effect as soon as the necessary measures can be completed by the Colonial Authorities. J. Crahbbrlair. L. S. Sacktille West. Charles Tdpper. Washington, February 16, 18S8. » « ♦ « ♦ SUMMARY OF WHAT OUR FISHERMEN GAIN BY THE TREATY. In the debate in the Canadir i house of commons on this Treaty, Mr. Elliii, of New Brunswick, enumerated this list of con- cessions made by the Canadian Government : 1. We have by the very act of making this Treaty receded from the position main- tained so long in practice, that Canada and Great P'=tian could impose their own inter- pretations upon the'meaning of the Treaty of 1818, thus enlarging the restrictions of that Treaty., By doing this, we have given the United States, a precedent upon which to i base new demands for the amelioration of the regulations applied to their fishing vessels should the need arise. 2. We have almost wholly abandoned the contention that fishing vessels are a class by themselves and therefore not entitles not name bait, but there will be -no diiiiculty whatever of purchasing bait under it. 11. By the fourteenth article woabandon c-.' previous contention that preparing with- in Canadian waters to flsh is cvitlenco of Intention to actually flsli within Canadian waters, and wu therefore recede from the position taken by the act of 1H86. VI. We have limited and defined and roluced the severe penalties imposed by that act for violation of our exclusive rights of fishing. Forfeiture of the vessels is no longer a penalty except for fishing within (Canadian waters, or preparing within these waters to fish therein. In all other cases $3 a ton is the highest fine which can be Imposed. 13. Wo have provided a summary pro- cess of law for dealing with arrested or captured vessels, instead of the old and slow pro««M of tba admiralty court than nothing; and if estimated as now awerted by those who '^'"'^"\f)(Mi\\1g^Jlti, th%Trfnty, they are of vf - - S& -2 — M any event under .' shall not see repeated the , ing away of the purchasinj tariff, which took place in* 14, A. D. 1870. EfiRect ol tbe Treaty Of 1818. The existing conventional relations con- cerning fishing in Dominion waters, are in article one of the Treaty of 1818. This provides that our fishermen may enter the bays and harbors therein specified for shelter, repairing damages, purchasing wood and obtaining water, "and for no other purpose whatever," and also that tbey shall be under "such restrictions" as may be necessary to prevent their fishing unlaw- fully "or in any other roapncr whatever abusing the privileges reserved to them." It has also been somewhat contended that under the 29th article of the Treaty of 1871, our vessels have a right to transship their catch in Dominion ports. It never has been claimed 'that they had any 1 .eaty right to bait, or to any supplies whatever beyond obtaining wood and water. Whatever there may be on this point, ia governed by the rules appertaining to the general comity of nations. Canada and Great Britian have alwaya maintained that the words "for no other pur- pose whatev er" have a very extensive effect) that fishing vessels are sui generis, and that, as they receive special rights under the Treaty of 1816, as to entering Canadian bays and harbors, they express^ exclude themselves by conventional agreement from the privileges to which other vessels are entitled, and therefore that the Dominion may shut them out, except when coming in for the express purposes named, without such exclusion being justly regarded aa unfriendly. For the flrat time the United Stata* absrea lo EatablUhlog regulatlona ,; under tbe Treaty of 1818. The "restrictions" which the conventioB of 1818, says may be imposed on our vessel* have always heretofore been determined by the exclusive action of Great Britian, or of Canada, without consultation with the United States. Statute after statute has been passed for that purpose, beginning aa early as A. D. 1819, and ending with tbe statute of A. D. 1886, all of which remain in force ; and though the United States in A. D. 1844 or 1846, remonstrated against the earlier statutes, nothing was ever accom- plished with reference to them. Now for the first time we have obtained a hearing as t? such restrictions, and the precedent is established which will enable the United States to be further heard in tbe event in the f nturc if other obnoxious regulations ara attempted. The Treaty Rellnqulshea Nothing Whatever. The treaty of 1818 contained the negative words "and for noother purpose whatever." These words have formed the basis of many of the contentions between the United States and Gnat Britain. In the treaty just negotiat- ed no such negative exprr isions can be found. Certain privileges are granted our vessels, but nowhere is it stated that, if future chnniies of circumstances sliould justly en- title the United States to other privileges, we would be barred from asking therefor. Our FlthermemShown Clearly Whcr* They May Flah Without Risk. The purpose of the first eight sections it to mark so clearly the lino within which our vessels cannot fish, as to bar disputes and prevent so far as practicable our vessels from being caught through ndstake. W f* -n y.o J . itndJouiK Great Britflin hns never before conceded the "headland" claim, whicli sliiits in n- '- only bays but great sinuosities of tlie coat.i Dnrlng the last two years these extreme claims have been on several occasions prac- iioally enforced against us. The policy of the United Status— before A. D. 1885— has been to permit our vessels to contend at their own expense in the Canadian courts over all the controverted fishery issues be* tween two governments ; and while to-day the claim may not be pracUcally enforced, to-morrow the unwary fisherman is seized in consequence of it, dragged before the vice admiralty court at Halifax, and his vessel condcmnod, or the issues which two great nations should have settled between themselves, are tried out at a cost to him qnitc equal to the value of his vessel. There has been in the history of the fish- ery disputes more discussion and more "bod blood" over this matter tlian over any othqr iawie whatever; and though it may haMfen (Mm Hjt tlie present vessels are not being seiMtd ii consequence thereof, a wise arid lar-s«eill||'iMiMesmaiiship requires that the c«n|faT«fiiy thould be disposed of for all the fa^re. ■ ii> cdnVsirtion of 1818 requires us to :*«' Ihiivs away from the "bays" of h nominiona. What those bays n y.ot defined. In the United States, .ke Bay. Delaware Bay and Long lind^und are regarded as within our . ,)4j '.iuji: Chaleur and a few other minor bays tlie iule adopted by the treaty is that of ;en miles in width, the samti as in the treaties between France and England, and in the North Sea treaty between England, France, Denmark, Germany and Sweden. Looking at our enormous range of coasts and our rapidly increasing population and industries, the United States in this matter of delimitation can not afford to establish a precedent except of a liberal character; mnd the application of the ten mile rule to bays not only follows the consensus of Kurope, but anticipates only a little the ne- cessity of increasing the marine belt which the increasing projectile force of modern artillery will soon impose un all nations. The Bay of Fundy, and more important than all, George's Bay, which have here- tofore been claimed by the Dominion, are now set off to us. As to the Bay of Chaleur the counsel for lliu United SlAtes iit lUlifax in 1877, stated as follows : "Then comes tlio Bay of Chaleur, and in the Bay of Chaleur whatever fishing has been found to exist seems to have been within three miles of the shores of the bay in the body of the Bay of Chaleur. I ain not aware of any evidence of fishing, and it is very ciirious that this Hay of Chaleur, about whiu'li there has boen so much con- troversy heretofore, can bo so summarily dismissed from the present investigation. _ I suppose that a great deal of factitious im- portance has been given to the Bay of Chal- eur from the riistom among fishermen, ami alniD.'t universal a generation a^o, of which we have heard so much, to speak of the whole of the (tulf of St. Lawrence by that term. ()ver ancl over again, and particular- ly anionn the older witnesses, we have no- ticeil that when they spoke of going to the Gulf of St. LawriMioc, they spuko of it by the term 'Hay of t^haleiir;' hut in the Bay of Chiilonr proper, in the body of the bay, I cannot find any evidence of any fishing at all. I tliink, therefore, that the Hay of Chali'iirs may be dii>mi''seil from our con- rideration. Out of Canao. The opponents of the treaty undertake to ■neer at its expressions concerning the Gut of Canso. Ordinary caution would seem to ttqulre, that In a treaty of delimitation HMm^'IMMid^fce some expression which •iMliktaliM «ik^ih« iio.sithility of pr'<''t,.i!c. ' • vM navivation thro l Moreover this has iii >.;yl reat Britain an open qnes- like all the others which met Ht the expense of 9UT flthcniMa, ready to full on some of our v< ««•!■ at an ttHtxpected time and to he roniestcd at thtlr exjii'nsi'. In tli. i;..i.- uf ,«i-*v«'dibut flahery yoi the ice out from here always, do yo A.— Yes, sir." "Q.— And stand right straight off halibut fishing ground?" A.— Yes, sii take 25 to 40 tons to a vessel." "Q. — Taking the cod-fishery, the erel fishery and the whole thing to; how far do you regard as of any pi value to An'ierican fishing interests tli to go ashore or inside the three-mile except for shelter and for fresh « A. — I should not think it was of any whatever." Mr. O. B. Whitten of Portlanc presidentuf the Fishery Union, said J ber last in a local paper, that Cana( nothing tu give us to offset free trad privileges, bait or fish." He also testified before the commit foreign relations as follows : "Q.-i-In fishing in Canadian wate halibut — I do not mean in waters their jurisdiction, but off their coast Banks — what necessity is there for oi ermen to go into their porta for bait? (Jlot any whitever.". "Q. — Is there any necessity of goii the ports o'l Canada to get fresh bait?' It ia not mcessary ; they can get and take it with them. There are sands and tliousands of barrels cau( further off than Wood Island." "Q. — Do you consider valuable the lege of going into Canadian ports i bait? A. — I do not consider it of any at all." "Q. — ^Theii so far as the Canadian poi concerned, other than for purposes ol ter, water, wood and repairs of dania would be better for the fishermen of if they were not permitted to go in A.— I think so." Mr. Charles A. Dyer of Portland whom no gentleman is more cxperi* also testified before the same commit follows : "Q. — From your experience in the i business do you think that our fish from Maine on the Banks off the Cai shores, the Grand Banks and others any necessity for going into port bait? A.— I should think not." "Q. — In your opinion, what is the lege of buying bait in Canadian ports to the Maine fishermen? A. — Not a c "Q.— Whether or not you conci: Capt. Whitton that, as a rule, the vi would be more successful if they d touch in Canadian ports at all f( reason? .\.— I think they would." Q.— Is there anything that you ki that is desirable for our fishcrme Canada can give us? A. — Nothing." Also Republican Lawyera at H Put Ua Out of Court. And in the formal answer of the 1 States filed before the Halifax Conmi it was said : "Tho various incidental and reel advantages of the treaty of 1871 si t!io privileges of traffic, purchasing b other supplies, are not the subject o: pensation ; because the treaty of Wr ton confers no such rights on the i tants of the United States, who now them merely by sufferance, and who any time be deprived of them by t fnrcenient of existing laws or Uie re maiit of fomjer oppressive laws, • Mof«'?*''T. < " tfeat;; dooV not \,toy\ any possible ooinpeiwatlui; for such a ties, and they are far important and ble to the subjects of Her Majesty tho United States." Our Flahlng Veaaele do Mot N Fit In Canada. Notwithstanding the constant mi n fiiilieriuen witliout doing the least dam- ! to the United Stiites." ic also testified before the committee of «ign relations as follows : ■Q. — Taking the cod-fishery, then, what your opinion is the value to the Arneri- I fishing interest of thu right to get bait British shores? A. — Notliing what- "•" I 'Q, — Y(iu would not care anything about A.— No, sir." 'Q. — In your halibut fishery you carry ice out from here always, do you not? -Yes, sir." 'Q. — And stand right straight off for the ibut fishing ground?'' A. — Yes, sir. We e 25 to 40 tons to a vessel." 'Q. — Taking the cod-fishery, the mack- 1 fishery and the whole thing together, f far do you regard as of any practical ue to AAierican fishing interests the right (o ashore or inside the three-mile limit, ept for shelter and for fresh water?" -I should not think it was of any value itever." Ir. O. B. Whitten of Portland, vice sidentof the Fishery Union, said Novem- last in a local paper, that Canada has liing to give us to offset free trade, "no dlcges, bait or fish." le also testified before the committee of &ign relations as follows : 'Q.-'-In fishing in Canadian waters for ibut — I do not mean in waters within Ir jurisdiction, but off their coast on the iks — what necessity is there for our fish- len to go into their porta for bait? A. — ; any whitever.", Q. — Is there any necessity of going into ports o'i Canada to get fresh bait?" A I not necessary ; they can get it here take it' with them. There are thou- ds and tliousands of barrels caught no ther off than Wood Island." Q. — Do you consider valuable the privi- i of goiog into Canadian ports to buy ,? A. — I do not consider it of any value .11." 2. — ^Theii so far aa the Canadian ports are cerned, other than for purposes of shel- water, wood and repairs of damages, it lid be better for the fishermen of Maine liey were not permitted to go in at all? -I think so." [r. Charles A. Dyer of Portland, than m no gentleman is more experienced^ testified before the same committee sm jW8 : Q.— From your experience in the fishing noss do you think that our fishermen II Maine on the Banks off the Canadian 'es, the Grand Banks and others, have necessity for going into port to buy A.— I should think not." Q. — In your opinion, what is the privi- of buying bait in Canadian ports worth le Maine fishermen? A.— Not a cunt. Q. — Whether or not you concur with Whitton that, aa a rule, the voyages Id be more successful if they did not h in Canadian ports at nil for any ion? A. — I think they would." -Is there anything that you know of is desirable for our fishermen that ada can give us? A. — Nothing." Republican I^awyera at Hallftui Pat V(t Out of Court. nd in the formal answer of the United es filed before the Halifax Coniraissiun, as said : Tho various incidental and reciprocal iitages of the treaty of 1871 such as iirivilegcs of traffic, purcliasing bait and ir dupplies, are not the subject of coni- y the trcoty ; and for this purpose we copy here the pub- lished interview with Senator Kryo, which took place at Lewiston in October, 188(1, immediately after the committee of foreign relations had closed the taking of evidenio to which we have referred. Ho is reported t« have said ixo follow* ; "The testimony of the owners and fish- ermen taken at (Jloucester, also at Boston, Provincetown and Portland, was entirely agreed on the following points : First — That there is no necessity at all for our fishing vessels to enter jiorts of Canada for any purposes exci pt those pro- vided for in the treaty of 1H18, vi/.,, for fresh fish. This, if just, and if the time has now come to reverse the action of the Kepublican Congress and Uepublican Pres- ident in A. D. 1870, when the duties on fish were fixed as they stand to-day, is a matter for the Legislative and not for th<> treaty-making power. We invoke tlie most careful examination of every word contained in this statement, whicli was apparently prepared witii care, and we challenge tlic pointing out of a sin- gle mischief stated therein as of consequence which this treaty doestnot entirely dispose of. Relief firom Ovpresslve liCgal Proceed- ings and from Forfeiture Except for Illegal Fishing. Tlie fourteenth article must prove very beneficial. Of our vessels heretcffore seized for unlawful fishing, by far the great- er numbers have been condemned, and in some cases the owners found it more ex- pensive to defend than to permit them to be sold, purchasing them back at the sales. The proceedings have been in the vice-iid- miralty courts, where they are unusually expensive ; and this is now remedied. The mere matter of relief from giving bonds for cost'j is of real importance; because, al- though on this point there has been no dis- crimination against fishing vessels and the practice in the Canadian courts has been somewhat as in our own, yet before bonds can be given, so that tlie cases may be brought to trial, skippers and sharesmcn are scattered and the owners find it expensive and sometimes quite impossible to co'iect the proofs again. This section provides tliat the penalty for unlawful fishing may extend to the forfeit- ure of the vessel and cargo aboard at the time of the offence, subject as in all other cases of penalties to revision by the Gover- nor in council, thus giving the vessel the possibility of the benefit of all mitigating circumstances. Since A. D. 1819 this forfeiture has been imposed, not only on vessels illegally fish- ing, but on vessels preparng to fish. It has also been claimed that vessels purchasing bait intended for deep sea fisheries were liable to forfeiture ; and it was so deciderl in A. D. 1870, by the vice-admiralty court at Halifax, in the case of the "J. H. Nick- ers'^n." This vessel was alleged guilty of no offence except of purchatiing bait with the view of fishing on the banks ; and yet she was seized and condemned, the United States furnisliing no assistance in her de- fence and obtaining no reparation for the owners. The validity of that decision has been contested anew in the cases of the "Adams" and "Doughty," mainly at the expense of the United States. Ill order t!iat fliere might be i.o question with reference to'futuro seizures, the Do- iiiiuion V.irliainent in 188C enacted a statute imposing the extreme penalty of forfeiture, not only on vessels purchasing bait, but on all entering tho Dominion -vaters in cases not expressly authorized by treaty, thus iiiip.'riling our fislR.iiicn with the danger of forfeiture under inpumerable circum- stances. This law was severe, yet it was not more unjust in some respects than stat- uU'B puHsed in A. I). 1836, 1868 and 1870. the repeal and moditicatiniiol iiono ot' which was ever secured liy our government, and all of wliicli have been permitted to stand as a cor.tinunl threat to our fishermen and a constant peril to their property. This artioli' permits no enlargement of any penalty iii excess of those heretofore constantly imposed. As aliemly stated, it consents to a forfeiture of the vessel for illegal fishiiif;, hut carefully limits it to the volue of till' largu at the time of the of- fence. It does not deny a like maximum punishment for illegally preparing to fish, but clearly restricts this to tlie cases wh«ro the preparation was within the waters of the Dominicn and the fishing was intended also to be within the same jurisdiction, so that by its terms proceedings like those against the "Adams and the "Doughty" would bu impossible. Having in view also the some- what indefinite meaning of the words "pre- paring to fish" and the varying degrees of iiMiiimi^nanKnnctan IILl'l lulTil I The opponents of the treaty uncK'rtiike to ■neer at its expressions concerning t)ie Gut of Canso. Ordinary caution would seem to require,' that in a treaty of delimitation Miiit. 1IIWWily*be some expression which «il«MMU^t -stem made for our fishing vessels arose from the fact that the custDins laws of Can«da require vessels to report "fortli- willi." In tliis respect article eleven coii- fiinns the practice substuntiiilly to our own rllitute. requiring a report after twenty-four honrs. the language of which it substantial- ly nrfej>»'?l';,<''^' treaty dop^ not {.rovii any possible eorapen^atioi for such at ties, and they are far impor'ant and ble to the subjects of Her Majesty tl the United States." Our Fishing Vessels do Not N« Fit In Canada. Notwithstanding the constant mis sentations of the eleventh article a1 referred to, in cases of distress it every possible desire j and for all else cures without compensation therefo privilege of purchasing all such prov and ordinary suppliea as are obtain trading vessels, and this alike for the I ward or the outward voyage, or when shelter, or when putting in especially f "casual or needful supplies" to which fers. In fact it meets everyconditic cept that of original "fitting out" for i ing voyage, ot a general "refitting" f extension of cruise. If our vessels had the right of trai ping mackerel in the Gulf of St. Lawi the latter privilege would undoubtec occasionally of value; but an original 1 or indeed, except for those special ca the gulf, a general refitting would nev attempted except at the home i)orts, a clearly proven before the Senate comr of foreign relations. The Kepubllc-aoe Demand Allen : ermen in Competition with Our Own. 'I'he three leading fishing ports in 1 and Massachusetts are Portland, Glouc and Provlncetown. Portland and Glo tcr sail their ships generally, if not ent on shares; so that except in the cs death, sickness or other misfortune, i is fully provided for by the treaty, they rare occasion to run into the Dominion for men, as stated by Mr. Stanley. T fully explained by Capt. John Chisho Gloucester, in ! is testimony before the mittec on Foreign Belations as folh h'a "Q— What if the nationolity of th jority of the ptople on your vessel, ten men you have? A. — Four are froi Provinces; the rest are from the St Maine and Gloucester. "Q. — Did you pick up those four Pi cial men in the Provinces? A. — No shipped them here ; I sent them moi the spring to pa/ their passage here ; to ship with them." "Q. — Are they people you knew? Yes sir. I knew them before." "Q. — Did you send for them to take on board up there, or because it was convenient for your purposes to ship here? A. — We would rather ship here ; we are never short of men hen can ship men here at any time." It is understood that the system at incetown is otherwise, and at that po skipper engages the fishermen at so rotind dollars either for the trip, the s or the month ; and thus our Amerisai ermen may be brought directly in coi tion with the lower paid fishermen of Scotia. Several witnesses from Provinc were before the Committee of Foreig latlons, who explained freely and ful matters covered In this part of this mcnt. James GIfford. deputy collector at incetown, testified that the wages | British crew, meaning probably for th son, was from seventy-five to eighty-t» lars per man, and those paid the Am crew was from one hundred undtwenl to one hunilred snd ninety dollars pel It Is understood Provlncetown fi the (]rand Banks about half as niscI nage as Gloticest4'r, and three times as as Portland, We have had loud proolamations tl "ition ; oecause tlic treaty of VViishing- confers no such rights on the inhabi- i of the United States, who now enjoy 1 merely by sufferance, and who can at time be deprived of them by tJie en- ement of existing laws or the re-enact- t of former oppressive laws. • • • fe?>*V.'".>'^ treaty dopjf not j-rovid* for possible ffompen^atioi for such authori- and they are far important and valua- o the subjecU of Her Majesty than to United States." Flaliliia VesMlB do Not ir««d to Fit In Canada. Dtwithstaiidlng the constant misrepre- itions of the eleventh article already rred to, In cases of distress it meets y possible desire; and for all else it sc- 8 without compensation therefor the ilege of purchasing all such provisions ordinary supplies as are obtained by ing vessels, and this alike for the liomc- 1 or the outward voyage, or when in for ter, or when putting in especially for the lual or needful supplies" to which it re- in fact it meets everycondition ex- that of original "fitting out" for a flsh- voyage, or a general "refitting" for an nsion of cruise. our vessels had the right of tranship- mackerel in the Gulf of St. Lawrence, latter privilege would undoubtedly be sionally of value; but an original fitting ideed, except for tliose special oases in tulf, a general refitting would never be npted except at the home ports, as was rly proven before the Senate comnjittce oroign relations. RepiibUc-ana Demand Allen Fish- ermen In Competition witli Our Own. le three leading flsiiing ports in Maine Massachusetts .are Portland, Gloucester Provincetown. Portland and Olouces- ail their ships generaUy, if not entirely, hares; so that except in the case of h, sickness or other misfortune, which lly provided for by the treaty, they have occasion to run into the Dominion ports lien, as staled by Mr. Stanley. Tliis is ' explained by Capt. John Chisholm of Jcester, in lis testimony before the Com- ee on Foreign Relations as folji ws : i— What ii the nationality of tlic ma- y of the people on your vessel, tliese men you have? A.— Four are fron the finces ; the rest are from the State of ie and Gloucester. 2 — Did you pick up those four Provin- raen in the Provinces? A. — No sir; I [)ed them htro ; I sent them money in ipring to pa/ their passage here ; so as lip with them." i.— Are they people you knew? A. — sir. I knew them before." J.— Did you send fortheni to take them oard up there, or because it was more enient for your purposes to ship them ? A. — Wo would rather ship them ; we are never short of men hero ; we ihip men here at any time." is understotxl that the system at Prov- own is otherwise, and at that port the >er engages the fishermen at so manv i dollars either for the trip, the season e iimnth ; and thus our Ameritan fish- n may be brought directly in comprti- with the lower paid fishermen of Nova a. veral witmiscs frora Provincetown before the Committee of Foreign He- is, who explained freely and fully the )rs covered in this part of this state- ues Gifford. deputy collector at Prorv- r>wn, testified that the wages paid a ih crew, meaning probably for the sea- wM from seventy-five to eighty-two dol- pi'r man, and those paid the American was from one hundred and twenty-flvu e hundred and ninety dollars per man. Is iindei-stood Prov'lnretown fits for rand Kanks about half as inach ton- us Gloucester, and three times as much rtland. I have had loud proclamations that the anil tor tins purpose we TupyT^r the pu lished interview witli Senator Frye, which took place at Lewiston in October, 1886, immediately after the committee of foreign relations had closed the taking of evidence to which we have referred. Ho is reported t9 have siud as.followi> : , "The testimony of the owners and fish- ermen taken at Gloucestei-, also at Boston, Provincetown and Portland, was entirely agreed on the following points : First— That there is no necessity at all for our fishing vessels to enter ports of Canada for any purposes except those pro- vided for in the treaty of 1818, viz., for shelter, wood, water and repairs; that while tlie Canadians admit our rights to these privileges, they are unnecessarily and without excuse interfering continuously with our enjoyment of them. If one of our vessels runs into a Canadian port in a storm for shelter, they insist upon immedi- ate entry, no matter how inconvenient it may be to the captain of the vessel. They will not permit him to land a man, though he be a citizen of that country, send his clothing ashore, send for treatment in sickness, purchase anything whatever. A score of our fishing vessels have already been seized by them and fined $400, for what they determined to be infractions of tlie peculiar rules and regulations of their customs laws, which have been obsolete for more than 40 years. In fact they do not permit us to enjoy any of the rights which they admit to be .secured to us by the treaty of 1818, witliout putting us to more incon- venience and trouble tiian the right is worth. Second — Tliey refuse our flsbcrmen ab- solutely anil unqualifiedly all comniereial rights whatever, and refuse to recognize as valid our customs permits to touch and trade. Their jiorts are almost as effectual- ly closed against all of our fishing vessels as if there was to-day a condition of war between us and Great lintain. The flshor- inen also concur in saying that those com- mercial privileges are of no value. It has been generally understood that the right to purchase bait was a very valuable one ; but the testimony not only sliows that it is of no value, but the preponderance of testimony is that the right exercised does more harm than good, that the time consumed in going into and out of the port, and going thence to the banks again, costs the fishermen more than the value of the bait. Third — Both fishermen and owners agree with great unanimity, that they require ab- solutely nothing of Canada other than the treaty rights of 1818; that it is better for them when they start on their cruises to provide their vessels with everything that is necessary for tlie cruises, bait anil all, than to leave anything to be provided for in Canada. Fourth — They agree that the privilege of fishing inside of the three-mile limit is ab- solutely worthless, and has been for 16 years ; that nearly all the fish, both mack- erel and cod, have been taken outside ; that fishing with purse seines within three miles of the shore never brings compensation enough to make tip for the damage to the seines in the shoal water and on the rocks. Fifth — There seems to be no difference in opinion about the result of a treaty with Canada which would give them our mar- kets or alter eur tariff by making fish free. They believe it would be certain to destroy in ten or fifteen years the fishing industry of New England and transfer to Canada the fishing fleet; that there is nothing which Canada can give them as a compensation for this. Sixth —Their remedy for existing troubles with their business is a higher duty on salt fish, also a duty on fresh fish." These remarks were made near the close of the first season of these fishery troubles, and also at the close of the great mass of testimony taken by the committee, of which the senator was a member. He stood then in a position to observe what had taken place in the past, and what was needed for the future. The only recommendation he made wa* a higher duty oa salt fish and a duty uf . . „ -Ji excess or Iho.^c lilrtlolon: constantly imposed. As already stated, it consents to a forfeiture of the vessel for Illegal fishing, but carefully limits it to the value of the .argo at the time of the of- fence. It does not deny a like maximum punishment for illegally preparing to fish, but clearly restricts this to the cases where the preparation was within the waters of tlie Dominion and the fishing was intended also to be within the same jurisdiction, so that by Its terms proceedings like those against the "Adams" and the "Doughty" would be impossible. Having in view also the some- what indefinite meaning of the words "pre- paring to flsh" and the varying- degrees of criminality which that expression implies, it demands that the court shall take into con- sideration all the circumstances, and modify tlie penalty accordingly. Had the commissioners been working new ground, strong reasons might have been urged for refusing to recognize any penalty for illegally preparing to flsh; bu't in view of the fact that, since A. D., 1819, this has been an offence according to the statutes of Great Britain with the practical acquiescence of the United* States, it is very plain that the onlv question was whether the punishment could be amelior- ated. As to all other matters the statutewf 1880 IS cut up by the roots ; and any vessel al- leged to be guilty of violation of the fish- ery laws of Canada, aside from illegally fishing or illegally preparing to flsh, is at tlie most exposed to apenaltv not exceeding three dollars per ton. This of course does not apply to proceedings under the customs laws ; it would have been beyond reason to have sought by a treaty to modify the pen- alties of the customs laws ul uuy foreign country. ° Conrnision. Such are the beneficent provisrons of this treaty. The yrinciple running through it is not one of barter. The privileges granted by it are only those which we were justly entitled to ask as among neighboring States, but they were the same wliich have been constantly refused to us from the time of the convention in IHlx. It was not within the jurisdiction of the commission to offer a price, in the way of money, concessions of duties or otiier valuable considerations, to enable our fislieruien to share all tlie pe- culiar advantages appertaining to those resident in Nova Scotia; but it is for them an assurance of peace and it is hoped will enable them to pursue tlieir occupations unharassed and unvcxed. ■♦«»»» Extxacts from the Paper of Hon. W L. Putnam At- tached to the Minority Heport of the Committee of the Senate of the United States of May 17, 1888. 'Remvdy WtalrJi tlie Treaty Aflbrdi Agalnif Harali Canadian Legal Prooeedtnsi. The treaty next seeks to alleviate the hardships of the legal proceedings which various statutes of the province and the DomiAion have imposed on foreign vessels. These statutes extended to fishing vessels systems of precedure which are witli less injustice applied to merchantmen. The latter come voluntarily into port, and are ordinarily furnished cither with credit or cash througu their consignees, enabling them to protect themselves in case of liti- gation. Fishing vessels, however, especial- ly those putting into strange waters merely for shelter, have no such aids and fre- quently have with them very little cash; and tht! result has been that the forms of Wm' proceedings, which might not be biirdonsonix for lueiciiiiininen, have, with rt'ferenco to fishiii); vosscU, obstructed the course of justice. Througli the intervention of coun- sel employed by the Secretary of State for observing the trials of the "David J. Adams" and the "Ella M. Doughty," there have boen received practical lessons in the difficuliies surrounding Ashing vessels under the atatutes and proceedings of the courts of the iioniinion. As already explained, these had been allowed to thrive so long irithout any successful efFort on the part of the United States to prevent their growtli, that they had become too deeply rooted in the general mass of Canadian legislation to permit their being entirely drawn out. It is believed, liowever, tliat so far as this ar- ticle may fail to remove all the^e difficulties detail by detail, its limitation of penalties, except for illegal fishing or preparation tJierefor, will do very much to prevent in- justice under any circumstances; while as to vessels poaching, it is for the interest of each Government that they shall be re- ^., strained by severe punishments. \ To follow out the matter more in detail : \ A fishing vessel is seized in the Bay of St. '.. Ann's or up in the Gulf of St. Lawrence. Under existing statutes, first of all, and be- { fure she can claim a trial or take testimony < or other steps towards a trial, she is re* J quired to furnish security for costs not ex- I ceeding $240. The practical experience is ^ tliat Ashing vessels talccn into strange ports are rarely provided with funds or credit, and tlicrefore they are compelled to com- luunic.ite with tlieir owners for assistance, and by reason of the consequent delay are unable to take even the preliminary steps / before the sharesmen scatter and the wit- k nesses are lost ; because sharesmen, not ■ being ordinarily on wages, can not be held f to a ves.«el moored to a pier. This provis- * ion of the Canadian law is not singular; in ^ our own admiralty courts no person can K ordinarily claim a fishing vessel, or what- P over vessel sho may be, without furnishing like security. Under the treaty this disap- pears ; and in practice this relief will be found to be of great benefit to our fisher- men. Next, the courts into which all the cases of these fishing vessels have been brougbt are not provincial, but arc Imperial vice- admiralty courts, established and governed by the uniform rules of the Imperial statute, although presided ov"' by a loeal iudgi designated for that p< r|ios>.'. As a conse- quence, all the paraphernalia and fees of Imperial courts arc met, and the progress of the trial requires the early disbursement ■of large sums of money common in all of them, but unknown in our own and in the provincial courts. These are necessarily mo large that our consular correspondence ahows the burden of securing the costs and advancing fees was alone sufficient in some instances to compel owners te abandon the defence of vessels of moderate value. The eta'utes to which we have already referred, moreover, stipulated that no vessel should be released on bail without the consent of the seizing otBeer ; and, although it must be admitted tliat in jiractice this lias not yet been found to create dilHeulty, it is annulled by the treaty. AVIiile it is impossible to anticipate or previnl all causes of legal de- lays and expenditures, yet there is no reasonable ground f(ir denving that this thirteenth article will essentially moderate ^ese enumerated rigors. The imnishment for illegally fishing in the prohibited waters has always been for- feit\iie of the vessel and cargo aboani at the time of seizure. It was not possible, mor was it fur the interests of either country, to denumd that the penalty imposed on actual poachers should not be severe ; but this article provides that only the cargo aboard at the time of the offense can be forfeited, ind the provincials can not lie back uuiii a vessel has taken a full cargo, and then sweep in the earnings of the en- tire trip for au offense committed perhaps at its inception. Moreover, the article pro- Tides the penalty shall not be enforced until reviewed by the' governor-general in coun- cil, giving space for the passing away of temporary excitement and for a calm con- sideration of all mitigating clrcumstancet. Also, from the passage of the statute of 1819 the penalty for illegally "preparing to fish" has been forfeiture. This has at times been construed to extend not only to pre- paring to li~h illcijully, but iiI«o to a prepar- part "of His Britannic Majesty's. dominions in America?" This having been ascertained, another question arises, whether any bay which was not j-jrisdictional in A. D. 1818 has since become so inclosed by the growth of population that, on the princples by which we claim as our exclusive waters Chesa- peake and Delaware bays and Long Island Sound, we may properly concede it to Great Britain according to its existing circum- stances, as an inducement to a suitable and just arrrangemcnt of all questions of de- limitation ? With reference to this question, and indeed with reference to all this branch of the case, the United States, with its ex- tensive coasts, its numerous bays, its rapid- ly increasing population and commercial in- terests can not wisely permit a narrow pre- cedent. The bay of Chaleur, the shores of which in A. D. 1818 were uninhabited, has by the advance of population become a part of the adjacent territory for all jurisdictional pur- poses ; and it has ceased to be of special value to our Tessels except for shelter or supplies. The same observations apply with greater force to the bay of Miramichi. The bays of Egmont and St. Ann's are hardly more than mere sinuosities of the coast ; but they and the excluded parts of the Newfoundland bays are of no value to our vessels for fishing. It is not unreason- '^le to grant the release of all of them, in viet> ' ' *he fact that as to all other waters we remove iong-standing disputes. It is not to be overlooked that all tliese bays have long been claimed by Great Britain as of right. , At the mouths of all the bays designated in the treaty by name, the fourth article make special lines of delimitation. There seems to be an impression with some that the exclusion is three miles seaward there- from ; but this is plainly erroneous. Each of these lines is run from one powerful light to another, except one terminus at Cape Smoke, wluch is a promontory over seven hundred feet in height. The exter- nal peripheris of visibility of these lights overlap each other very considerably on each of these lines, so that for our vessels dan- ger is not where bays have been specifical- ly released. This will be found at the three- mile limit from the open shore, where it al- ways has been. There is, however, confu- sion about this, and some debit the treaty just negotiated with the inevitable hazards consequential on the principles of that of 1818. If the commission of delim- itation is appointed as the treaty provides, this commission, of course, will, as Mr. Seward and Mr. Fish foresaw, diminish the danger on the open coast, by giving on the charts which it prepares bearings of lights and other marked points ; so that vessels by the aid of these bearings will be able to protect themselves in some degree. Never- theless, there are the nights and thick weather, but the consequences of tliese are inherent in the principles of the convention of 1818, and will be diininishetV and not en- larged by the practical workings of the present treaty. In the case of the "Wasliinglf.n," Mr. Bates referred to the treaty between France and Great Britain of 18:!!), exeliidliig from the common right of fishing all bays, the mouths of which did not e.xeecd ten miles in width, and indorsed this as a proper limit. Ill the treaty between France and ♦«♦ ' Mr. Bayard's Reply t Invitation to Speal Boston. Wahhinoto.v, D. C, March 14, My Dear Su- : — I have to thank j your note of the 9th inst., with wh: sent me an invitation signed by a niii the representative men of New Engli different political parties, to visit and "deliver an address on the sco; purpose of the treaty recently sulm .lie l.'nitod States Boiiali: iu, ii>i'ir..>il The "settlement ujion just and ei terms of the questions in dispute I Great Britain and the United 8tnt( cerning the rights of American flahei British North Amcicran waters and is a subject upon which I have besto siduoiis care ever since I assumed ties of my present office, and the re the efforts to promote such a settlei cmbo4lied in the treaty now before t ate. But the treaty has been preei ecreury of State, to Mr. Adams, thoii our inister at London, of April 10, A. D. 1886, 'r. Seward sugf^ested a mixed conimission ir the following purposes : "(1) To agree upon and define by ti Ties of lines the limits which shall sepa- ite the exclusive from tlie common right : fishing on the coasts, and in the seas ad- cent, of the British North American ilonies, in conformity with the first article ' the convention of 1818; the said lines to ! regularly numbered, duly described, and BO clearly marked on charts prepaied in ■plicate for the purpose. "(2) To agree upon and establish such gulations as may be necessary and p-oper secure to the fishermen of the United atcs the privilege of entering bays and irbors for the purpose of shelter and of pairing damages therein, of purchasing )od and of obtaining water, and to agree ton and establish such restrictions as may ! necessary to prevent the abuse of the ivilege reserved by said convention to the hermen of the United States. "(3) To agree upon and recommend the nalties to be adjudged, and such proceed- ^s and jurisdiction as may be necessary secure a speedy trial and judgment with little expense as possible for the viola- rs of rights and the transgressors of the nits and restrictions which may be hereby opted." The "memorandum" prepared by the apartment of State for the information of B commissioners who, on the part of the lited States, assisted in negotiating the ;aty of Washington of 1871, contained ggestions for adjustment in the following iguage ; "(1) By agreeing upon the terms upon lich the whole of the reserved flshing- Dunds may be thrown open to American hermen, which might be accompanied th a repeal of the obnoxious laws and i abrogation of the disputed reservation to ports, harbors, etc. ; or, failing that, "(2) By agreeing upon the construction the disputed renunciation, upon the inciples upon which a line should be run a joint commission to exhibit the territory >m which the American fishermen are to excluded, and by repealing the obnox- 18 laws, and agreeing upon the measures be taken for enforcing the colonnial [hts, tlic penalties to be inflicted for a rfeiture of the same, and a inixvd tribunal enforce the nnnie. It may also be well consider whether it should be further reed tliat tlie fish taken in the waters en to both nations shall be admitted free duty into the United States and the itisli North American colonies." It will be observed that the suggestions of r. Seward were substantially repeated in i instructions of A. D. 1871, aod were al- cmbraced almost in terms in the |propo- is accompanying the dispatch of Mr. Bav- 1 to Mr. Phelps of November 15, 1886; d the treaty just negotiated, it is believed, iioniplishcs all which was contemplated by jm." » » ♦ » ♦ ;r. Bayard's Reply to an Invitation to Speak in Boston. Wabiiinoton, I>. C, March 14, 1888. My Dear Sir : — 1 have to thank you for iir note of the 9th Inst., with which you It me an invitation signud by a number of ' ropn'sentalive men of Ni'w Kngland, of furcut political parties, to visit Boston 1 "deliver an address on the scope and rposc of the treaty recently sulmittcd to i I'liiled States BOiUU: Tu. ittfir..ulu/.i." riie "settlement upon just and equitable ins of the questions in dispute between eat Britain and the United States con- rning the rights of Amerivan fishermen in itish North Aincican waters and partH," u subject upon which I have bestowed as- uous care ever since I assumed the du- s of my present office, and the results of > efforts to promote such a settlement is ibodied in the treaty now before the Sen- '. But the treiity ban boen preceded by • » ♦ « ♦ What Commissioner Angell Says. The Pctroit Tribune of Feb. 24will contain an interview with I'resident .Viigell of the Sitttc T'niversity , who was one of the members (-' *"(..• recent Fisheries Commission, lyivinv; his views w'th reference to the treaty which thoy negotiated and which had just been sent to the Senate ; "When the representatives of the differ- ent (Jovcrnments first met and compared views they differed so widely in their pro- positions and methods that it seemed almost hopeless to anticipate tliat they would ever come together. Now, I want to point out to you a few of the benefits which I think we have gained or will have giiined wlieu the treaty submitted by the coiiuiiission is the fisherman, lor the liemarcntion *>f his fishing limits is made by objects plainly in view, and if he encroaches upon the waters renountfed in 1818, he will do so wilfully; and from no bay where fish are found, and purse seines can be profitably used, are our fishermen excluded by the present treaty. Every privilege — shelter, repairs, wood, water — reserved to him under the treaty of 1818, and which in the past have been so hampered and restricted by Canadian con- ditions, can hereafter be freely enjoyed without cost or molestation. Hospitality and comity, as defined by civilized nations, are secured, and facilities for convenient aiul needful supplies "on nil occasions," and relief against casualty, and . in cases of distress, are all amply provided for. Conciliation and mutual neighborly concession have together done theii honora- ble and honest work in this treaty, and paved the way for relations of amity and mutual advantage. All this is accomplished by no enforced changes in our tariff, nor the payment of a penny as the price of a con- cession, nor for the enjoyment of a right. Neither the conscience, nor self-respect, nor the pocket of any American has been 'nvaded by any provision of the pending treaty. That the Canadians possess juris- dictional rights no fair man would wish to deny — and among such rights, to decide what may be lawfully bought or sold within their own limits. This home rule or local self-government is theirs as much as we claim it for ourselves. The share of responsibility of myself and my respected and able associates in framing this measure for the settlement of a difficult and dangerous public question has, I be- lieve, been fulfilled, but still in view of the far-reaching results which may attend a re- jection of our work, I am anxious to have all the light possible thrown upon the treaty and its operative effects upon the well be- ing and happiness of our country. To this end I desire to give every information, respond to every inquiry and to remove every doubt. But the duties of the ofllce I hold are manifold and press daily for atten- tion, eo that I do not feel warranted in leaving my post, even for the pleasure of discussing before such an audience a sub- ject so interesting and closely assoi-iated with the interests and local historic pride of New Kngland. I shall send as soon as possible a copy of the printed documents and the treaty to each of the geiulemen who signed the invi- tation, and I uni, with sincere respect. Most truly yours, T. F. Bayard. To the Hon. H. L. Pierce, Boston, Mass. by Mr. Kvarts, when Secretary of State, ' our Plenipotentiary to China, and was the senior member of the commission which negotiated tee treaty at Peking, of Nov. 17, 1880, placing restrictions on immigration into the United States of Chinese laborers. ♦ » » « » [From the New York Herald, j " IN A FRY." lUREAU, 1 8, N. W., } ), 1888. J Maine's Senator Fln N)« cesaity at all for our fishing vesselc'tu enter ports of Canada for any purposes except those provided for in the trcBiy of |818». viz, for shelter, wood, water and nHmire." He added that the Canadians harno'd our people when they came for these purposes, but this the treaty will cure. Mr. Fryc continued ; — "The fishermen also concur in saying that these commercial privileges are of no value, It has been generally understood that the right to jiurchaso bait is a very valuable one. J iiiiiKi irinc mu . '' actual poiicljers should not be severe ; but . this article provides that only the cargo '■ aboard at the time of the offense can be '* forfeited, ^nd the jrovincicU can not lie lack uiuii u vc!.sel has taken a full cargo, 4tnd then sweep in the earnings of the en- tire trip for an offense comn'itted perhaps 4it its inception. Moreover, the article pro- Tides the penalty shall not be enforced until ■reviewed by the' governor-general in coun- cil, giving space for the passing away of temporary excitement and for a calm con- sideration of all mitigating circumstance*. Also, from the passage of the statute of 1819 the penalty for illegally "preparing to ilsh" has been forfeiture. This has at times l)eeii construed to extend not only to pre- paring to fish illegally, but also to a prepar- ation within the Dominion waters for fish- ing elsewhere. The J. H. Nickerson, al- ready referred to, was forfeited in ,A. D. 1870 on this principle, without any specific protest from the United States or any sub- sequent reclamation. If the plenipotentiaries had been working new ground, in views of the indefinitcness of the words and of the fact that prepara- tion is ordinarily accepted as of lower grade than actual acceptance, it may be that the penalty of forfeiture under any circum- stances for this offense would have been sur- Tendcrcd ; but a statute which has stood for nearly seventy years without successful ob- jection, cannot easily be wholly overthrown. The treaty, however, clearly eliminates «very principle on which was based the for- feiture of the "J. H. Nickerson," and the proceedings against tlie "Adams" and the "Doiinhty," and also, taking into considora- tton the other plonieiits already referred to, it makes forfeiture tlie extreme penalty, but directs that tlie punishment shall be fixed by the court not exceeding the maximum, so that, if eireumstances justify in any case, it may be reduced to a minimum. In lieu of all the other penalties rising to forfeit- ure. imiHised by the Dominion statutes con- cerning the fisheries for terhnical offenses known anns and mutual needs, must be agreed on between Great Britain and the United ates, and this I affirm, is done by the Dscnt treaty. There is not a recorded use of just and reasonable complaint by I American fisherman against Canadian ministration since 1886 for which this eaty does not provide a remedy and omise a safeguard in the future. You ill receive the published record of the two lars that have elapsed since the abroga- )n— on June 80, 1885— of the fishery arti- B» of the treaty of 1871, when we were tliged to fall back upon the treaty of 1818, id you can select any case or cases of un- ist treatment of our fishermen to reported id test my statement by the terms of tlte eaty now proposoi)ii> recent Fisheries Commission, giving bis views with reference to the treaty whicli U^y negotiated and which had just been sent to the Senate : "When the representatives of the differ- ent Governments first met and compared views they differed so widely in their pro- positions and methods that it seemed almost hopeless to anticipate that they would ever come together. Now, I want to point out to you a few of the beaeflts which I think we have gained or will have gained when tl e treaty submitted by the commission is rafified by all the parties in interest. The chief "iource of trouble to our fishermen here hM been that when they ran within tlree miles of the Canadian shore for shel- ter '\ey were obliged to sail their vessels at Uiues a distance to some Custom House and enter and clear. By the treaty of 1818 our vessels were allowed the privilege of enter- ing to port for four objects, shelter, repairs, wood and water. But this section of the treaty was so incumbered and lumbered by tl.c laws of the Dominion Government that tlie privilege was entirely stripped of its value. These conditions by the treaty will all be taken off and charges for dues, pilot- age fees, &c., have all been dispensed with. Wliy, when our vessels ran into a port in distress they were not al- lowed to purchase a single article of food or sell a dollar's worth of their cargo. This is now changed, and they can sell and buy food, and get all casual and needful sup- plies the same as other vessels. The judi- cial procedure was one of tlie greatest an- n')yance8 and troubles to our fislicnnen. Now this is all simplified and made iiiex- pansive. Formerly our fishermen did not know and could not tell when they were within the three-mile limit. This is to be rectified so that they will all bo able to know their whereabouts ,by charts and buoys. "We left the matter of selling bait op- tional, as our men say they don't have to buy bait in Canada, while the Canadians do have to buy cur bait. For this reason we left that point optional, as we might wish some time to restrict them from buying. We were a long time getting down to the real work of the commission, the interests of all parties being so varied. The British and Canadian consumers were especially anxious to make a reciprocal free trade a part of this negotiation before they would settle on the fishery question. More than half the time was occupied in this endeavor. The real work has been done within the past month. We told them over and over again that the tariff wa» a matter which must be settled by Congress, that wo could do noth- ing about it. I must say that if the treaty it not ratified by the Senate they will make a great mistake in my judgment. What adds decidedly to the strength of my opin- ion, in that we have been able to get decid- edly the best of the case in the treaty, is tliat the radical Canadian papers are all so opposed to It. Commlaatoner Angell ill the president of Michigan University, tie largest educational institution in the United States except Harvard. He is a gentleman of the highest character and at- tiinmjn'u:, r llepu^'Ucan, and waa appointed incu- town and rortlaiul, whs entirely ogrt^ed 9^„. »ho,i\illowing i)oin*8 :— That these l* jijftT'iMd* cessity at all for our fishing vesselarto4nter ports of Canada for any purposes iZe|tpl those provided for in the treaty oT j^lfS^ viz, tor shelter, wood, water and re^^rt." He added that the Canadians harried our people when they came for these purposes, but this the treaty will cure. Mr. Frye continued : — "The fishermen also concur in saying that these commercial privileges are of no value, It has been generally understood that the right to purchase bait ig a very valuable one. but the preponderance of testimony is that the right exercised does more harm than good — that the time consumed in going into and out of the port and going thence to the Banks again costs the fishermen more tban the value of the bait. Both fishermen and owners agree with great uii»nimity that they require absolutely nothing of Canada other than the treaty rights of 1818 ; that it is better for them when they start on their cruises to provide their vessels with everything that is neces- sary for the cruiser, bait and all, than to leave anything to be previded for in Can- ada." Increasing Wantn. In March, 1888, Mr. Frye's fishermen want "three things and no more" — namely, the right to buy bait, ice, seines, lines, pro- visions and all other supplies ; the right to ship crews, and the right to tranship their catch. What is an anxious inquirer to believe of the great fishery question when Mr. Frye, the only man who has spoken w^itli the pre- cision of full and complete knowledge on the subject, fails utterly to agree with him- self? They Wanted Protection. Oh, but Mr. Frye, in October, 1886, said they (the fishermen) wanted one thing more. Even this is not among the "three things" which he declared solemnly the other day— these and no more— they wanted. Still they wanted it, according to Mr. Frye, in Octo- ber, 1886, and while he forgot to put it in his category of "three things" the other day, it should bo mentioned. They (the fishermen) wanted Congress to change a law passed by a Republican Congress, which Republican legislation they believed injurious to them. Here is Senator Frye's account of this want : "Their remedy for existing troubles with their business is a higher duty on salt fish, also a duty on fresh fish." That is to say, if Mr. Frye's testimony is good for anything— and he is the great de- fender of the fishermen : They want and they don't want to buy bait. They want and they don't want to buy seines, lines and supplies in general. They want and they don't want to ship crews In Canada. They want and they don't want commer- cial privileges. Their sole grievance — aside from those the treaty cures— is that a Rrpublican law injures them ; and they want this Republi- can legislation changed. That is a matter for Congress, not for the Executive. Mr. Frye can at any time he ohooie deaounoe Republican legUlation. Extract fromPortland Dioly i Advertiser, (Independent Republican) of Feb. 23, 1888. Coming to the treaty negotiated at Wash- ington, it appears first, that none of the privileges reserved to American fishermen by the convention of 1818, have been abated or qualified in any degree. The right to fish on the designated shores of Newfoundland the Kfagdalen islands and Labrador, and the right to dry and cure fish on the unsettled portions of these coasts, or on the settled portions, with the consent of the owners, remain unimpaired. Some complMnt has been made •{ the exclusion of American fishermen from Fortune and Placentia bays on the southern coast of Newfoundland; but these bays are beyond the easterly limit I fixed by the convention of 1818— the ^- Rameau islands. There has been no sur- render of any rights conceded in 1818. The three-mile limit established by the consent of the United States in 1818, has been a fruitful scource of misunderstanding. There was no agreement even upon the principle on which the limit should be estab- lished — whether the line should follow the contour of the coast, or be drawn three miles away from the headlands marlcing the entrance of bays. The treaty establishes a rule on this point, placing the line three miles seaward from the first place where the width of the bay contracts to ten miles. But this line is not to be left to the j\ulg- ment of the Canadian coast guard. The treaty provides for nn international com- mission to trace the line by accurate surveys and mark it on the admiralty charts, so that every fisherman may Icnow positively whether he is or is not within the forbidden limits. This is a great gain, since it puts an end to accidental trespassing and arbitrary seizures. For some of the great bays, like Fortune bay and Placentia bay, already mentioned, the bay of Chaleurs, Miramichi, Egmont, Harrington, Ac, the lines are agreed upon in the treaty. The first nine articles provide for this visible delimitation on the charts. Next comes the interpretation of the ,>ro- viso, that American fishermen may enter bays and harbors from whicli they would otherwise be excluded, for shelter, to make repnirs, or to obtain wood or water, but for no other purpose. The provision has been construed by the Canadians .with great se- verity. The treaty provides that American fishermen seeking shcl or. or wood or water, need not report, enter or clear, unless they remain more than twenty-four hours or com- municate with the shore ; nor shall they be liable to compulsory pilotage or port dues of any kind. I'tiiler stress of weather or other casualties, they may tranship or sell their i¥^W^ ^" '''^P^''' ' '"^y replenish dain- [jiinito anci may snip crews to replace (Wdisnl'lcd. These are privileges 1li|l|ttK»bPun claimed under the right to IMMt^ln^r or innko repnint, but have been irtrtinelil by the Canadian government. They are concede ly tue treaty. American ports. This needs no discussion. If the privileges offered are worth the price asked, our fishermen can wte the licenses ; if not, and that is pro||ri>ly the case, nobody is obliged to buy a licettse. « > ♦ . > Extracts From Communica- tion of the Eon. Ifelson Thompson to tbe Rock- land Opinion, March 2, 1888. The proceedings against vrtssels seir cd for unlawful fluliinif arc rcgulatt'il liy tlio treaty. The administration, wishing 'o have all matters of irritation adjusted, and disputed points settled, undertook to fix matters by a treaty which should be fair and honorable to both parties. And it seems to us that it has acted wisely and well, and succeeded admirably where former administrations had failed ingloriously. Our fishermen complained of annoyance when entering Canadian ports under stress of weather and to repair damages. Well, article 10 of the treaty fixes that matter in a clear and honorable way, without requir- ing our fishermen to enter under 24 hours and witliout expense. Another complaint was that the boundaries were not defined. Well, article 12 gives our fishermen boun- daries which when fixed need not be mis- understood. But the great point imagined against the administration, was that it was laboring in the interests of "free trade," and to get Canadian fish admitted to the United States free of duty ; but in Jiis they are doomed to disappointment, as fish a,re still subject to duty under the provisions of the treaty. Now, what do we gain by the treaty? We gain the undisputed right lo the free navigation of the straits of Canso. We gain the right, outside of the .limits of ports of AM^94o enter fnf shelter to repair damages, or for purchasing wood and obtaining water and remain 24 hours without entering. We have gained the right, under certain con- ditions of distress and disaster, to enter their ports and unload and reload, reship or sell, replenish outfits, provisions or supplies damaged by disaster, and in case of death or sickness shall be allowed all needed facilities, including the shipping of crews. We have gained the right to purchase nnder A license, which license shall be granted by Canadian officials free of charge, for home- ward bound voyages, all supplies necessary for the voyage. We have gained the right in case of alleged violation of the treaty, to demand a speedy and inexpensive trial, at the place of seizure, and not be towed to some distant port and wait the meeting of some tribunal. All these things we hare gained and given really nothing in return. ***** Complaint is made also about the $1.60 yearly tonnage dues. Let us consider this matter. The duty on Nova Scotia fish, we think, is about half a dollar a quintal. A vessel of 100 tons register would naturally eiatr' '.I'hojopr.vhf.ui 5,00^1 ./iilnril. .' tariff 01 which would amount to ftt.OOO, while it would cost the vessel for all the privileges in Canadian waters and ports f ISO, a difference of ^850 in our favor, and yet these unreasonablos are crying "fire." ***** Not many years in the past, the fishing bounty was romnrselessly torn from our flsh- e'tnon, and all the hnrdons imaginable and their dexterous treatment, so rapid a gr that it has now attained the proper of a full-fledged monopoly, and is of power that it easily controls a large pn of the Eastern halibut trade. Scarce lialibut is sold in Boston but has first pi through the hands of the combination, Fulton Market in New York is thorou permeated with its influence. There, i T wharf in Boston, the majority of w! sale halibut dealers are in close conjun with the Gloucester pool, and are by agreement bound to purchase their fish ly of the companies comprising the These companies are three in nun namely, the New England Halibut Com] the most extensive of the trio ; the Atl Halibut Company, composed of Mayor insonof Gloucester and Messrs. Gan Poole and Parsons ; and a third, contr by Messrs. Stockbridge and Hodge u the firm name of Stockbridge & Co. • • • * * There seems to be but one opinion i thcf purpose of tlie combination, namel; it is seeking to monopolize the halibut ness, to the exclusion of all competi The greater number of the fishing vess< use in Gloucester are owned by membe the combination, so that the shippers compelled to sell their fish to them at y ever price they offer, and the captair most of the other ships, so it is stated, pledged to sell their fish to the combin only. — » « ♦ « ♦ [From the Boston Post, March 23, 1 ALIEN FISHERMEN OLoncESTEB, March 22.— [Specia The exposure of the gigantic halibul nopoly has been the common converi among the fishermen on the street coi around the wharves and on board the ve wherever one may chance to go. "V said the spokesman of a crow men who were on Parkburst w 'the Post and Herald de credit foe the enterprising spirit have shown in giving the public lome on this halibut pool and bow it kai using the fishermen." "Bot," intern another, "there are otler things ^ want to be shown up which are of fai portance to the fishermen . Ooe is th porting of men from the Pro'ioces to the vessels. That is the wot*, out'agt has been committed upon the rights c .merican fishermen. The reporter, o curiosity, perambulated the wharves t what knowledge could be gidned. the aid of two ex-skippers, who Tolunt their services, nearly every wharf visited, and it was found that the large of vessels wh.ch have been hauled i winter were being i-apidlv fitted out f( various fishing grounds. The first pi the season there was some dlfllcalty ii curing crews to man the early flee Georges and Western Bank. Since tl uf March a large number of men ha^ rived here to engage in fishing frpni po.-t, i,-Mne^|iBlly from J'ubnico und Ai N. 8. The owners here who so stenuousi for protection by excluding Canadian from the markets of the United S Mirow their arms wide open and hail great joy the advent of those men, ^ they want to man their vessels and ^ they could not get along wUhout, On their arrival here they go on I dexteroui treatment, to rapid a growth U haa now attained the proportions full-fledged monopoly, and ii of luch r that it easily controle a large portion e Kaatern halibut trade. Scarcely a ut ii sold in Boston but has first passed igh the hands of the combination, and in Market in New York is thoroughly eated with its influence. There, as on arf in Boston, the majority of whole- lalibut dealers are in close conjunction the Gloucester pool, and are by thpii ment bound to purchase their fish solc- the companies comprising the pool. B companies are three in number, ly, the New England Halibut Company, tost extensive of the trio ; the Atlantic tut Company, composed of Mayor Rob- of Gloucester and Messrs. Gardner, i and Parsons ; and a third, controlled essrs. Stockbridge and Hodge under rm name of Stockbridge & Co. • • • * • ere seems to be but one opinion as to urpose of the combination, namely.that leeking to monopolize the halibut busi- to the exclusion of all competitors, greater number of the fishing vessels in 1 Gloucester are owned by members of ombination, so that the shippers feel elled to sell their fish to them at what- price they offer, and the captains of of the other ships, so it is stated, are fed to sell their fish to the combination m the Boston Post, March 23, 1888.] kLmS J^ISHEKMEN. iLODCESTEB, March 22. — [Special.] le exposure of the gigantic halibut mo- ly has been the common conversation ig the fishermen on the street corners, nd the wharves and on board the vessels, •ever one may chance to go. "Well," the spokesman of a crowd of who were on Parkhurst wharf, Post and Herald deserve it tot the enterprising spirit they shown in giving the public tome light tis halibut pool and bow It kas been ( the fishermen." "Bal," interrupted tier, "there are otl.er things which ; to be shown up which are of fast im- ince to the fishermen . One is the een committed upon the rights of the rican fishermen. The reporter, out of >sity, perambulated the wharves to. see ; knowledge could be gained. With id of two ex-skippers, who rolunteered ' services, nearly every wharf was id, and it was found that the large fleet >ssels which have been hauled up all tt were being i-apidly fitted out for the lus fishing grounds. The first part of leason there was some difllcalty in pro- ig crews to man the early fleet for ■gCK and Western Bank. Since the Ist [arch ft large number of men have ar- I liurc to engage in fishing frpm this , ^>Wnc^fi8lly from J'ubniuo «nd Arg/lc. le owners here who so stenuously cry irotcction by excluding Canadian fish 1 the markets of tlie United States, IT their arms wide open and hail with t joy the advent of those men, whom want to man their vessels and whom cnuld not get along without. 1 their arrival here tliey ft" on board Knights of Lal)or. THAT HAIilBirr POOL. Resolutions of a Gloucester .Knights of Labor Assembly. ' Glodcestbk, March 25.— [Spxcial.] Deep Sea Assembly, 6,066, K. of L., of this city, has adopted the following self- explanatory resolutions : Whereas, there exists and has existed for years in this city a fresh halibut monopoly, which absolutely controls the halibut mar- ket, to the detriment of the fishermen and consumers ; a monopoly whose methods depreciate the price paid the toilers of the sea for their products and make the same an expensive luxury to the consumers ; a monopoly so unrelentless in its avaricious- ness as to render it well nigh impossible for anyone outside of its circle to pursue the halibut business ; and Whereas, said halibut monopoly has flour- ished in the past with little or no publicity given to its mercenary movement by which the hardy fishermen have been deprived of a just share of the wealth they create; and Whereas, The Boston Post and Boston Herald have in recent issues laid bare the schemes and methods of this stupendous "fish trust" to which the public pay tribute, therefore be it Resolved, That the thanks of Deep Sea Assembly, No. 5,066, K. or L., be and are hereby extended te the Boston Post and Boston Herald for their timely exposition of the iniquitous system of said monopoly. Resolved, That it is the prayer of this assembly that the above mentioned news- papers will centinue their good work, for the field is large, and by running the plough of investigation thoroughly through it abuses will be unearthed, besides which the treatment of the fishermen by our Canadian neighbors will sink into utter insignificance. Resolved, That these resolutions be spread upon the records and copies be sent to the Boston Post and Boston Herald. ♦ « ♦ « » [From Boston Post of April 21, 1668.] GLOUCESTER SEAME2J. A Very Small Proportion of Them Americans. Gloucester, April 23. — [Special.] The following list of Gloucester vessel owners, together with the number of vessels owned and foreign fishermen employed by each firm, has beem compiled for the Post by gentlemen thoroughly conversant with the existing status of the fishing industry at this port. The number of foreign employees is necessarily arrived at by estimation, a, no exact figures bearing upon this subject exist. In estimating, the results are based upon crews of these vessels during the las^ three years. The statement is believed to bo rather an under than an over estimate : DMiiel Allen & Son, 9 vessels, 60 foreign' ers. < James 8. A>ci, lo Tcsocla, co. D. C. & H. Babson, 10 vessels, 60. George Clark ft Co., 6 vessels, 40. Cunningham & Thompson, 11 vessels, 60. George Dennis, 7 vessels, 40. Joseph Friend, 5 vessels, 30. Thomas lIoiiKe, 6 vessels, ,36. Samuel Lane & Bro., 8 vi-sscls, 30. Andrew lAMghton, IH vi'ssfls, ~-ii. tion for American labor and industries. It is the same story told over again. Like tl.e protected coal barons of Pennsylvania, who have imported into that State thousands of Huns and other cheap alien wurkingmen all the while crying out for more protection for the American miner, the fish monopo- lists of Cape Ann have now been caught ilk the act of bringing cheap Nova Scolian labor here to the injury of American fisher- men, for whose welfare, however, thejr never weary of professing the greatest solicitude. Senator Hoar's Speech, [Extracts from the Portland Advertiser (Independent Repub) July 11, 1688.] Mr. Hoar is of the'opinion that Mr. Bay- ard, Mr. Putnam and Mr. Angell were pooly qualified to meet such diplomatists a* the Right Hon. Joseph Chamberlain, Sir Lionel Sackville and Sir Charles Tupper> Under the circumstances, he thinks the plenipotentiaries should have conferred with him during the progress of the negotiations^ and intimates that if he had been Fre8ident~X.fi he would have appointed in behalf of the United States Senator Frye, Mr. Trescott or Mr. Woodbury, all of whom are opposed • to any treaty on the subject. Mr. Trescott was counsel for the United States at Hali_j fax in 1678, and that negotiation has beeni criticised quite as severely as the treaty now • pending. Indeed it has become quite the fashion in the Senate to decry the diplomat- ic representatives of the United States, as if. we were incapable of producing men capa- ble of dealing wisely and firmly with for- eign diplomats; though our whole diplomatic history contradicts that aspersion. Mr.. Chamberlain does not deserve the humble' reverence with which Mr. Hoar appears to regard him; Mr. Putnam was fui!T hi* match; nor was Sir Charles Tupper «n/ more familiar with the dispute about tie fisheries than Secretary Bayard. Mr. Hoar deprecates the suggestion that the alternative to a peaceful settlement of the dispute is likely to be something else. Tet he himself objects to the treaty because it shows an utter insensibility to the national honor, dignity and charaAer." In the grievances ofour fishermen he finds "matter for a hundred wars," yet he does not talk of war. With provocation for a hundred n-ars, he declares that all expectation of war i^ ''supremely silly." What remedy does h* propose? The equality of right and privilege for which Mr. Hoar clamors is expressl.v de- fined and set forth in the treoty which l^B- assails. Article 12 reads as follov ' : Fishing vessels of Canodaand NewfouncJ- land shall have on the Atlantic coast of the United States all the privileges reserved and secured by this treaty to United States Ypssels in tho aforesaid waters of Canada un"Vlniriua iin remain more tlian twentj'-four houri or com- municate with the shore ; nor shall they be liable to compulsory pilotage or port dues of any kind. Under stress of weather or other CMUfiltiei, they may transliip or sell their • to repair ; may replenish dam- [ ana may ship crews to repface 'disabled. These are privileges wlJeb ,lii|i»t been claimed under the right to Mp|t fhifttcr or make repairs, but have been irithheld by the Canadian government. They are conceded by the treaty. The proceedings against vfissels seized for unlawful Ashing are regulated by the treaty. There is to be no delay, and as little ex- pense as may be. The trial shall be at the place of detention, unless the defence prefers some other place. The defe 'ce •hall have an appeal from the judgment. Reasonable bail shall b? accepted. Judg- ments of forfeiture shall be reviewed by the Governor General of Canada incouncil, or by the Governor of Newfoundland in. coun- cil, as the case may be. These regiriationg ensures to American fishermen a fair and prompt hearing, and ample remedies for hasty judgments or extravagant penalties. The British commissioners have seen fit to append to these provisions, an offer of free bait, supplies, shipment of crews and transhipment of catch, in return for free fish, if the United States should at any time choose to remove the duties on the imported product of the Canadian fisheries. This offer is not likely to be accepted, but if our neighbors choose to commit them- selves by a contingent promise of this kind, it can do the United States no harm. In judging the treaty, it must be remem- bered that the commissioners were not in- structed and did not attempt to make a new treaty, but to agree upon a reasonable and friendly construction of the convention of 1818. It was not expected that our rights on the coasts of Newfoundland, Labrador and the Magdalen islands would be sur- rendered ; or that the Ciinii'liftM rights to the inshore fisheries would bo imperilled ; or that our privileges In Britis^ American ports would be enlarged. Complaint is made that our commissioners did not secure the privilege of buying l>ait; but the con- vention of 1818 grants no such privilege, and besides our fishermen have testified publicly and positively that they neither net'd nor want it. What was to be desired and has been accomplished, is an ex.ict definition of the three-mile limit, a precise statement of the rights of our fishermen in British ports, and provision for the prompt and just trial of alleged trespassers. Under the new treaty, neither party has ln'cii cheated, neither has given something for nothing, but both have agreed upon a neighborly way of living together in jieace and amity. This is better than retaliation. The treaty should be ratified. Complaint is made also about the 91.S0 yearly tonnage dues. Let ns consider this matter. The duty on Nova Scotia flsh, we think, is about half a dollar a ({uinlal. A vessel of 100 tons register would naturally tariff on which would amount to $1,000, while it would cost the vessel for all the privileges in Canadian waters and ports 8160, a difference of ^850 in our favor, and yet these unreasonables are crying "fire." ***** Not many years in the past, the fishing bounty was remorselessly torn from our fish- ermen, and all the burdens imaginable and conceivable were heaped upon them ; tariff extortionate was imposed upon them, on everything that entered into the construction of vessels and materials used in the busi- ness, until the industry lies fettered' prostrate, helpless and lifeless under bur- dens too heavy to be borne, while corpora- tions have grown rich and trusts and com- binations have sprang into life by legislative and administrative aid, until they threaten' to control and dominate all other interests. Which party is the fishermen's friend? Which has shown the more diplomatic skill ! We think it was in 1871 that some of these same people, now so clamorous against this administration, negotiated a treaty with Great Britain giving them fllR. 500.000, for fishing privileges, and free fl»>» be«'des; and now they arc crying against the Impolicy and nbtuseness of this administration. Place the treaty of 1871 and the treaty of 1888 side by side and see how they compare. ***** We honor the administration for the' course it has taken in this matter, in its successful diplomacy over the vexatious problem of defining and fixing the rights of American fishermen in Canadian waters ; and have no doubt that, whether the treaty as presented shall be accepted or rejected by the senate, it will be approved, emphat- ically approved, by that higher and final tribunal, the American people. Kelson Thompson. Friendship, Feb. 29. « » # « ♦ [From the Boston Post, March IS, 1888.1 THE HALIBUT FOOL. HOW THE TRADK IS CONTROLLED BY THE COMBINATION. Fishermen and Consumers Almost En' tirely at Its Mercy.— Its Methods of Overcoming Competition. • The British commissioners, who appear to have been very free with their offrrs, have also volunteered a temptrrary arrange- ment, to continue not over two years, while the treaty is pending. For a fee of #1.50 a ton, they propose to license American fishermen to buy bait and all other supplies, ship crews and tranship fish, in British Some of those gentlemen at Gloucester who have so strenuously opposed the fisheries treaty in the few weeks since its contents were made public have for a much greater length of time been themselves the objects of a stout opposition which, though undemonstrative, has been none the less earnest. While they have been raising an outcry against the alleged injustice of the treaty, clamoring for protection in no un- certain voice, they haTe themselves been en- gaged in a business which leaves flshermen and consumers alike unprotected and al- most entirely atatheir mercy. The halibut pool which has been so carefully fostere<) through half t score of jrears hat had.undct various fishing grounds. The first p the season there w as some difflcalty i curing crews to man (he early fle< Georges and Western Bank. Since t of March a large number of men ha rived here to engage in fishing frpn po.-e, {^rine-^^ally from Phbiiivo itnd A N. S. The owners here who so stenuousl for protection by excluding Canadiai from the markets of the United S ^hrow their arms wide open and hai great joy the advent of those men, ' they want to man their vessels and ' they could not get along without. On their arrival here they go on b when the vessel is used for a boat house, they in most every case b their own food. They take out ball put in, as the case may require ; pi salt; put the vessel on the railway and lier, and, in fact, every conceivable is done to make her ready for the vo Now, this is what our men are claim an injustic'! on the part of the owners the men who brave the storms of « arc often turned on shore to make for the imported foreigners. This once was all done by the fiihermer 'longshoremen who live here and who families to support, receiving a conside sum during the season. * * • * I » » ♦ « » [Extracts from the Boston Post of & 24, 1888.] The Treaty and the Tn Enough has been shown in the acci of the methods of the halibut poo printed in our news columns, to demoni how little sympathy exists between interests of New England fishermen the purposes of the combination seeki control the trade in fish. The staten published yesterday as the result of ob8< tion among the fishing fleet now fSttini at Gloucester illustrate another phra the same matter showing that not eve laws of the United States avail to dc selfish monopoly from importing fo labor to take the places of American fi men Yet it is from this source that the loudest protestatioi\^ of regard fo interetts of the flshermen as affected b rcliitions between the United States Canada, the bitterest opposition to proposed treaty, and frantic protests v ever the subject of free fish is mention How much of sincerity there is in assumed championship of American fl men may be judged by the acts of who profess it. So far as the combin at Gloucester is concerned, the oppo to a settlement with Canada is in a large measure the result of a rivali t'veen that place and Boston, or rathe e> leaver of the former to secure th( biiig trade which the latter holds. If the combination of vessel owner fish traders at Gloucester were able tc trol the Nova Scotia trade, it is not b< the bounds of credibility that the deni tions of tlie treaty and even the oppa to free fish would disappear { while quite tn harmony with the selfishnesi played hn other relations that, sinci trade cannot be thus controll^fl, should bo a wish to stop tt altogether. ■>iiii; t nrvi w^iiiiiva'imin c )us fishing grounds. The first purl of leHon there « as some difficiilty in pro. ig crews to man the early fleet for ges and Western Banlc. Since the 1st [arch a large number o* men have ar* I here to engage in fishing frpm this i^rln(^^eUy from I'uUnivo unU Arg/le. le owners here who so stenuously cry irotectiuii by excluding Canadian fish . the markets of tlie United States, w tlieir arms wide open and hail with I joy the advent of those men, whom want to man their vessels and whom could not get along without. I their arrival here they go on board I the vessel is used for a boarding- e, thi'y in most every case buying own food. They take out ballast or in, as the case may require ; put in put tl>c vessel on the railway and clean and, ill fact, every conceivable thing ne to make her ready for the voyage. , this is what our men are claiming is justic? on tiie part of the owners; for Hon wlio brave the storms of winter Dften '.urncd on shore to make room the imported foreigners. This work was all done by the fishermen and shoremen who live here and who have lies to support, receiving a considerable during the season. * • • « « ♦ * ♦ » > racts from the Boston Post of March 24, 1868.] 8 Treaty and the Trust. lOUgh ha* been shown in the accounts lie methods of t)ic halibut pool, as ed in our news columns, to demonstrate little sympathy exists between the ests of New England fishermen and lurpones of the combination seeking to rol the trade in fish. The statements shed yesterday as the result of observa- amoiig the fishing fleet now fitting out ouccster illustrate another phrase of amc matter ohowing that not even the of the United States avail to deter a ih monopoly from importing foreign to take the places of American fisher- Yet it is from this source that come Qudcst prote8tatioi\^ of regard for the e»t8 of the fishermen as affected by the ion« between the United States ami da, the bitterest opposition to the Dscd treaty, and frantic protests when- tho subjcc* of free flsh is mentioned, iw much iif sincerity there is in this ned championship of American fisher- may be judged by the acts of those profess it. So far as the combination ouecster is concerned, the opposition settlement with Canada is in a very measure tlio result of a rivalry be- n that place and Boston, or rather the avor of the former to secure tlie job- trade which the latter holds. the combination of vessel owners and ;raders at Gloucester were able to con- the Nova Scotia trade, it is not beyond ounds of credibility Uiat the dcnuncia- of the treaty and even the opposition ee flsh would disappear; while it la I tn harmony with the lerflshncss dii- id ht other relation* that, since thU cannot be thus controllefl, theie Id bo a wish to stop tt altogether. no exact figures bearing upon this subject exist. In estimating, the results are based upon crews of these vessels during the las^ three years. The statement is believed to be rather an under than an over estimate : Daniel Allen & Son, 9 vessels, 60 foreign- ers. ! James S. A><^>, lO tcsdcIs, co. D. C. & II. Babson, 10 vessels, 60. George Clark & Co., 8 vessels, 40. Cunningham & Thompson, 11 vessels, 60. George Dennis, 7 vessels, 40. Juseph Friend, 5 vessels, 30. Thomas Hodge, 6 vessels, 36. Samuel Lane & Bro., vessels, 30. Andrew Lcighton, 18 vessels, 80. T. A. Langsford & Son, 7 vessels, 46. Benjamin Low, 11 vessels, 60. Maddocks & Co., G vessels, 26. Jiimes MitkBtield & Sons, 6 vessels, 26. John H. McDonough, 3 vessels, 20. McKenzie, Hardy & Co., 6 vessels, 25. B. Montgomery & Son, 6 vessels, 16. George Norwood & Sons, G vessels, 36. Oakes & Foster, 7 vessels, 30. William Parsons, 2d, & Co., 8 vessels, 40. William H. Perkins, 1 vessel, 10. Pettingill & Cunningham, 6 vessels, 26. John Pew & Sons, 18 vessels, 100. Pool, Gardner & Co. , 7 vessels, 50. Joseph O. Pro-!tor, Jr., 9 vessels, 40. Reed & Gamage, 7 vessels, 20. Rowe & Jordan, 14 vessels, 70. ' Sayward Brothers, 6 vessels, 20. David B. Smith, 5 vessels, 20. Sylvanus Smith ft Co., 12 vessels, 60. George Steele, 9 vessels, 65. James G. Tarr & Brothers, 14 vessels, 80. Benjamin H. Spinney, 3 vessels, 25. Michael Walen & Son, 6 vessels, 35. John F. Wonson & Co., 16 vessels, 60. William C. Wonson & Son, 6 vessels, 16, ToUl, 292 vessels, 1600 foreigners.* * « ♦ ♦ » [From the W» oMic of April 4, 1888.] A Good Move. The action of the custom house authorities in this city in preventing the landing at this port of some Nova Scotian fishermen who came here under contracts, stipulating, of course, that they should work for lower wages than American fishermen demand for services, similar to those they were to perform, is highly commendable and in full keeping with the law wliich forbids the importation of alien contract labor into this country. The evil of allowing alien fishermen to come here under contract has been tolerated altogether too long, and it is certainly high time that a stop was made of it, in the interests of American fishers. The law which forbids the importation of such labor ha» been in force for nearly three years now, and yet, singular as it may seem the detentions of last week arc said to have the first instance of its enforcement at this port, where, however, it is admitted that alien fishermen have annually been in the habit of landing. The return of these Nova Scotian fisher men also illustrates how little sincerity there is in the. regard which capitalists profess to have for American labor. These alien la- borers were under contract to work Acre for lower wages than American fishermen would accept, and the men who endeavored to secarr their services are«the rtry ones wRo kre continually crying out for more protec- iimd shnll have on tlie Atlantic ciia.it of the United States all the privileges run rved and secure