The New York Herald Newspaper, April 24, 1871, Page 3

NEW YORK HERALD, MONDAY, APRIL 24, 1871.—TRIPL aring to fish,” bat bought bait (an article, no doubt very mate- TID FISMURY COMPLICATIONS, | SStiyscutic Ses eassete iia hc ‘An Ynyestigation and Report by a} Herald Commissioner, ‘ateresting Sequels to ths Late Seizures of | American Fishizg Vessels Along the Coast of Great Britain. ‘The Amzrican Interpretation of the Fish- ing Treaty of 1818 Ably Sustained by Colonial Judges and Lawyers in the Cases of the White Fawn and Nickerson. ‘n con’ ormity with the 8 The Whole Thing in a Nutshell from the | American Consul at Hajifax. Bomo Plain Facts for the People of the United States and Great Britain and the Joint High Commission, Gomundram—What Do tho Canadian Fisherics Amount To? Answer, Notuing. Hairax, N, Those everlasting fishing p} quire the aitention and investigation of a HERALD | sommissioner. They are now as much a subject of | @uscussion as ever, and promise to furnish a fruitful theme for international discord until the assembled ‘Wisdom of nations at Wa-hington shail have done Something in the direction of a permanent adjust- | ment. There area great many generally unknown facts bearing upon these troubles which are at ths | time of the very bigtest importance and interest, | and if the Joint High Commissioners will only profit | ‘by the investigations and report of the New York MgRALp commissioners they will be greatly alded in eoming to an eariy and just se:tiement of w hat has Bo loug been a vexed and intricaic question. At no point inthe British provinces Lave the follies of Wiese popularly termed “fisuiuy troubles’ been 8., April 19, 1871. | ications again re- | more fully illustrated than here in Halifax, ves- geia iunumerable have been seized along te Nova Scctia coast for alleged imfrac- tous of the laws, and the ~— cases. have been passed upon by the Aamiralty Court in ‘tis city, Some. the: ures, as legal investiga- — ‘Mons eubseqy. .y demonstiated, were made upon the most siily aud ridicuious grounds, and nearly ‘aM were the result of a dispuied interpretation of the treaty of 1818 and the imperial and provincial Jaws based upon it. \ WHE PEOPLE INDIGNANT AT THE WAR UPON AMERI- | CAN FISHERMEN, Before entering elaborately into the discussion of @me complications a tribute should be paid to the Gitizens of these maritime provinces for tvetr uni. ferm apd utter disapproval of the relentless war which was made upon our fsuermen some months ago by their own government, During the past fortnight { have conversed freely with citizens of Dotn the Nova Scotia and New Brunswick provinces upon the subcct, and the general sentiment has Deen one of indignaat disapprebation, The forbid- ding of the Americans toenter Uneir ports to pur- base suppiies, bait, fuel, &c., took thousands and theusands of doliars out of the pocitets of the traders, and it 1s no exaggeration to say that | tm some of the smalier ports, which had been here , Sofore frequented by our industrious tars, not a few | @ealcrs were absolniely compelled to suspend busi- | mess lor want of patronage. Of course such a state | @f affairs, resulting trom tue rigid interference of | the Lominion government, caused a genuine grum- , Diing among the traders,a3 well as among the | abused fishermen themszives, and when our gov- , @mnment mantiested a nervousness, and the restric- | tions were aiterwards removed, the prospects of & vesuinption of prosperity among the colonial deaters | Was very gratifying. When, however, the order | preventing the fishermen irom entering British ports for supples was rescinded the season had ended, and the tradesmen will have to walt @ few ; Wore montis uow bejore they can begin to gather jm the greenvacks, By thas tme, im all Probability, ine whole dshery comundran wilh havo been svived, aul the goow eM times of mutual iriendship and prosperity | ‘will have been restored. Tuus it will be seen, tbe | disturbing question oxce disposed of, improved trade relations between the United Siates and the | Provinces must necessarily follow. Coal, espe- cially—the great siaple of Nova scotia- will tnen | Unquestionably be admitied free, or upon a mero | nmomunal duty, into the great markeis of the Union, While beuelicial reductions will doubtiess take place in the duties upon other provinclal products as aconsequence oi the reswration of the era of good feeling between England aud America, Then | the writisn North Americen provinces—so full of | Maturai resources—will, in their extended trade and ; increased prosperity, derive !mportaut and perma- | nent benefits from the pacific solution of the fishery @omplications, THE FISHING TREATY OF 1818, A difference in the interpretation of the treaty of 2818, and the various wmperial and colomal laws Dased upon it, has been tho cause of most | of the Gshery troubles, The politicians con- g@irucd it 80 that Ww operated very uwpon American fishermen, and in their en- foroement of it their vessels wi seized as Mf they had been pirates preying upon the British commerce, ‘The interpretation of the treaty ana the statutes by the aggrandiing puiiticians was so | manifestly absurd that they themselves are now | ashamed of what tney then maintained. Even Sheir own courts and ablest lawyers were arrayed against them, and united tn the American interpre- Sation o! the treaty. JUDGE HAZEN, OF NEW BRUNSWICK, BJarist of conceded abiiity and experience, In nis decision of the case of te Witite Fawn of Giou- ester, selzed for “preparing to fish,’’ redected so truly the meaning of the treaty and the laws basca upon it that I append an | abstract of his ruling, He satd:—Captain Betts, a fishing officer in command of the Water Lily, a vessel in tne service of the Dominion, States that Ou the 25th of November he was lying | With his vessel at Head Harbor. Several other ves gels, and among them the White Fawn, were iyiug dm the harbor, and that he went on board the White Fawn. He siates a number of particulars respect- dng the vossel from her papers, and adds that she had arrived at Head Haroor ov the 24tn of Novem- er, and had been engaged there lu purchasing fresh herring to be used as bait m truil fisning; that there ‘Were on board about 6,000 berring, Wuich haa veen obtained and taken on voard at liead Harbor; aiso Aifteen tons of ice, and all the materials and appli: ances for trull fishing, and that the master admitted to bim that the herring had been optained at Head Harbor by him tor (he purpose of belng used as bait for flating. There are, then, some remarks of the Master being deceived as to the tact of a cutter bemg the neighborhood, which, however, are not material, aud the de- emt = =further understands that — persons «i been employed at Head Llarbvor to catch herring for lum; tnai he seized the schooner on the 26th and strived with her the same evening at st. Joun, and delivered her on the next day to te Collector of the Customs. Noreagon is given ior the delay which has taken place in proceeding agalust the vessel which ‘Was seized, a8 14 alleged, by Cxptain Betts, ior a& Miolation of the terms of tre couvention and the Jaws of Canada. Her voyage was broken up and Aer nen dispersed at the time of the seizure. by the imperial stavute iv is deviared i any toreigit ‘Vessel ‘shall be found fishing, or to have been fshing, or ‘paring to fish within such distance (three m miles) of the coast, such vessel and cargo eball de forfeited.” The Dommion statutes, as amended, enact that If such foreign vessel 1s ound Mahing or preparing to fish, or to have been tshing in Britieh waters, within three marine miles of tho coast, such vesse!, the tackle, &c., aud cargo, shall desorieted. The White Fawn’ was a foreign ‘veasel in british waters; in fagt, within one of the pounties of (018 Province, where Bho was seized. 16 $s not alie.ed nat she ‘is subject to loriewure for having entered Head Harbor for other purposes han ier or obtaining wood and water. jor 13 1d tat she committed any Infracti ft the Customs or Revenue laws, It is not stated that she Dad Soned Witkly the prescribed Muwita, gr Lad been harshly ri a soeh parenase establishes a “preparing to fish,’? ty, for xi Cambobdello. ita ot Assuming that the fact ‘under the statute (which 1 do not admit), I thiuk belore @ forteiture could be incurred, it must be shown that the preparation was for an illegal tisting in British waters. Here, for ta $3 which appears, ‘the intention of the master may have been to prose- cute his fisheries outside of the three miles’ himiis, tutes; and it is not for Court Lo nupute fraud or &n intention to infer the rovisions of our statute to any person (British or foreign), im the absence of evidence of such fraud. He had a right, in common with all other persons, to pass with his vessel through the three miles from our cousts to the Mshing grounds outside, which he might lawfully use; and, as I have already stated, there 3 no evidenge ot ‘any jnteution to fish before pn reached such grounls. @ construction sought be put upon the scatates by the crown officers ap- pears w be this:—A foreign vessel being in British ‘waters and purchasing froma British subject any arucle which may be used mm prosecuting the fishe- Ties, Without its being shown that such article be used In illegal Manimg in British waters, is 1 to forfeiture as ‘preparing to fxh iu British waters,’ ’” 1 cannvt adops such a construction, I think It Harsh and unreasonable, and not warranted by the Words of the statutes, It would subject a foreign vessel], Which might be of great value, as in the pre- sent case, to forfeitme, with her cal and outtits, jor porceereet nd she was pursuing her yoyago througn brivish waters, as she lawfully might within taree miles of the coasts ) of a British subject any arucie, however small ime or » for tance—without its being | show there was Buy intention f pang such Sflicle in ileghity fishing Britisn waters before she reaciicd the fishing groun|s to which s.e might legally resort for fishing under the ters of the stavutes. I construe the statutes simply thus:— LU a foreign vessel 1s foand— First—Having taken fish. Second— Fisting, aiticu,h no Osh have been taken, Trrd—“Preyariag vo Osi,” te, with her crew ar rAnaing her nets, lines aud Mshing tackle for lishing, though ‘not actuaily applied to tisuing in Britis: wa- ra In either of the cases specified in the statutes the foriciture atiacues. 1 think the words “preparing to dish’? were intro- duces lor the purpose oi prevenun, @aliy tistiag ta british waters, had not takea fish or engaged In fishing by setiing 0 ts or lines, but was sozet in the very act of putitng out her lines, nets, &c,, 1ulo the Water, aad so “preparing to tisn,’? Without these * vessel so situated would escape seizure, inasmuch as ihe crew hat neither caught fish nor been found fisuing, Taking this view of | these siatutes, ] am vf opinion that the facts dis- closed by tie afldavits do mot Juruish legal grounds for wwe seizure of the Ameitcan schooner Wolke Fawn by Captatn Betts, the ofticer commanding the Dowiniva Vvessei Water Lily, aud do not make out a prema Jucie case ior Coudewnation in the court of the schvoner, her tackle ani cargo. I may ada that, as “the construction I have put Gpon the statutes dilters [rom that adepied by the Crown oflcers of the vowiuion, it is satisfactory to | know that the judgment of the Supreme Court May ; be obtained by im.ormation filed there, as che im- periai act gave Coucurrent jurisdiction that Court du cases of tis mature.” SLLL ANOTHER PROPER DOMINION VIEW OF THE TREATY. This construction of the treaty by Judge Hazen— 80 Clearly IN harawony With CO.niMOn sense and With the interests both o1 the peopie of the proviu.cs and ) tne Untied Stutes—has alsv been concurred in by other British gentlemen of acknowledged ability. in the case of tue schvouer Nickersou (ais0 lomo Massachusetts port, and seized for py dae to purchase bait), Which wa3 argued before tne Vice Aduuralty Courc ia this city, tae game construction of tue treaty m reverence to supplies was ably and firmly 1 sisted apon by Hon. James MeDonaid and Samuel L. ohanuon, two of tie ablest lawyers 3 proviuce, and both supporters o1 tne Dominion governwe: hey caimed biat the treaty of 1318 WUSt DE COnsIrued sirictly; and ay the words “pre- Parag to dish’ ace uot coutalued in it, ous are tirst used iu the Impcrialact of 1319, and subsequently adopted by tbe colomlal acts, American citizens are | noc therefore bound by them, and tueir vessels can- Hot be uiade subject to torfelture for an onence Wiich, thouga contalued in the acts, ig not iu the treaty. ‘wey iurtiter insisted that procuring bait is me obtaining supplies, whic cannot, under the provisions of the act Of 1819, subject the vessel to | Torie.lure; also tat it has Neen tue practice for nearly bai a century to aliow suppiles ty be pure | chased by American vessels, which is strong pre- suiupliou Of Lhe acknowledged legality of the prac- tice; and, further, that procu urpose of fismiog within three marioe miles OL Lhe jaud, but for Wwe purpose of ocean fshing—a fishing | open to wll tue World—t3 @ ie sal act, and cannot savject an American fishing vessel to condemna- | | fishing vessels found wituia three marine mues if | tien. Here tt may properiy be remarked that this affair of the schouuer Nickerson was 4 CASE OF PECULIAR HARDSHIP. She was seizet in July last simply tor purchasing bast, and the selcure was made upon an order trom tue Dominion government, which the owners and master of the vessei were entirely ignorant ol. Early 1 the same season American fishermen had been a tne habit Of putting IMio British ports for te purcha»y ce batt, wiinout any interiereace, and In accordance wita @ practice ancient us the treaty Of 1818 lisell, A Jew montus atter her seizure the custom oi allowing tie purchase of bait was restored but the Nickerson Was Dot reiea-ed, Was sill heid, and is to-day in the custody of ine colomal autuoritics, Now, although this 13 @ case precisely puraLel to that of the White Fawn, which was prompity restored to her owners by the de- cision of wudge Hazen, of New Bruuswick, the Nova tary of the boneh ts very slow, aud pro- bably very reluctant to act, ‘The case was arguea long stuce, but the Court hoids the question Invoived uauer advise.ueut, the owners meantime being de- prived of weir vessel. It appears to be weaeraliy ) Conceded that the vessel cannot be condemned, and, therefore, tuere seems to be no clear reason why she show.d not be restored. VIEWS OF AN AMERIUAN CONSUL ON THE COMPLICA- TIONS. Jndge Mortimer M. Jackson, the veteran American Consul at this port, has recentiy furntshed to tue Sue Veparunent so:0e sound v.ews and stubvorn the escape of a | Jorveizn vessel Which, (nought w.th the intent of ile- | Ing bail, not for the | She | in value—a cod | ; foun other countries. After such a dedication of and | Kuown order, facts regarding the troublesome complicauions. The | Judge was once a Chief Justice of te Suprewe Court of Wiscousia, is thoroughly posted on inier- national law, and the report which he submitted tas: | undoubtediy proved a valuable text for our members | of the Jot High Commission in detintag aud main- tatuing American rights. There have uever been anything jurther thau brief aud tmpertect abstracts | of the document publishcd, and as its contents ure | peculiarly important and imteresung at just this | tume I have concluded to uuex Nearly the whole of 1t, The Judge begins by a brief allusion and detini- | tion of THE FISHERY LAWS, The existing laws, he says, consist of thts treaty of 1618, between the Uniied States and Great Britain; the imyerial act passed June 14 1519, Jor te purposes of carrying the provisions of the teaty into efiect; the Britis North American act, passed March 29, 1867, giving authority to the Canadian government over the sea coast and in- | laud fisheries, and the Dominion acts, passed respectively May 22, 1868, and May 12, 1870, Teluting to fishing by foreign vessels, All whese acts, Canadian as well as imperial, purport to ve founded upon the treaty of 1818, and destgned to | enforce its provisions, Some of the provisions of | the colonial acts respecting the fisheries are vor- rowed from imperiai statistics relatiug to trade and. navigation; and although enacted to protect the in- Shore Usheries are not stricuy applicavie to lishing vesseis, i. FISHING SUPTLIES, In no act is there any prohibition against fishing yesseis Visiting colonml ports for supplies, ‘Ine silence of all Us point, and the practice of more 1 haf @ century under imperial laws, passed pressly for Lue purpose of carrying mito eftect ¢ provisions of (he treaty, justtty the conclusion tha no such prohibition was ever contemplated by It. ‘This view of the subject derives additional support an the acts upon | from the fact that, at the tme of the adoption of | the treaty, the ickerel falery, as now carried on, Was comparatively unknown. During the inter- vening years between 1818 and 1870, throughout ALL THE CONTROVERSIES between the United States and Great Britain on the subject of the fisheries, no question, until the pre- sent, had arisen im reference to supplies. They were always u de belg profitable to the eople Of Lhe colo- ‘adily procured in colonial ports, and | nies was facilitated bv the local authorities, The | controversies which preceded the adoption of the Keciprocity Treaty related principally to our rights to fisa in certain bays, and to the exact jimits with. in which American fishermen, by the Conventtou of 1818, were cutitied to fish on the coast of Britisn North America. . JHE RIGHTS INSISTED UPON by the citizens of the United States were practically decided ta their favor vy the Commussto: ap- pointed under the Convention of is6y between ti Juiied States and Great Britain, tu THR CASE OF THE SCHOONER WASHINGTON, That schooner, whue fishing In the Bay of Fandy, in 1843, tea miles distant from the shore, was sel, ed by the British authorities, taken into Yarmouth, Nova Scoua, and there condemned fora violation of the Ashery laws. in 1965, alter the adoption of the Keciprocity Treaty, the case was brought before the Commissioners, On @ Claim Of the owuers of the schooner for damages, and, alter a full and careiul examination, was decided In favor of the claimant to whom damages were awarded fur the tilegal seizure apd condemnation, Since that time what is termed the HEADLAND Interpretation of the treaty, at diferent times insisted upon by Great Britain and uniformiy opposed by the United Siates, if not actually aban- doued, has been held tn abeyance, aud it is not pro- bable that auy question will hereafter arise in relation to tt between the two coun- tries, In regard to fishing supplies the prac- luce which bas so jong Hrevaitet of = procur+ Ing them in colonial ports with the full knowledge and consent of voth governments, Whose citizens have mutually shared 1 the benefts resulting trom such practice, must be regarded as @ practical con. aon given to the treaty which includes all parties, TRANSSHIPMENT IN BONDS, Since the abrogation oi the Reciprocity Treaty until within a few Weeks past it nad been the practice of the colonial authorities to permit the tran: pment in bonds of American caught fish. ‘The practice was founded upon no statutory enactment, but was adopted a3 a commercial regulation mutually bene- fictal to our fishermen and the peopie and the pro- vinces. It aiforded facilities to the farmer in the rosecution of a lawiul and useful avocation, and increased the trade and contrivuted to the pros- perity of the jatier, While its discontinuance in ; Commission should be reminded of, itself violates no established commercial ui be- tween irenglv nations, a5 in the prohibitions of sup- , Plies to our Fishermen, yet the tle of its aiscontinu- | @ace—in the midst of tae fishing season, without previous notice, and when much greater and more important bondiug privileges were, and sttil are, extended by the United States to the British colonies, 18 a just cause of complaint, FRESH FISH. While fresh flun—the product of the British Norm American fisheries—is admitted into the United States “duty free,” our tishermen are pronibited in all the colonies from procuring ice for fresh fish | caught while fishing side by side with British fisher- | mei on the same banks. ~ PILOTAGE. To subject tiahing vessels coming into colonial | pores 18 now the case—to the compulsory regu- , jations respecting pilotage applied to merchant | vessels, and atthe same time to deny them, when | in port, the ordinary Basie extended to such H merchant vessels, is mantfestly unjust, > BURDEN OF PROOF CHANGED. | The Dominion act, passed in 1868, reversed, 1n | violatton of the principles of the common Jaw, the ordinary modes of proof, ana declares, in section 1, Wat in case a dispute arises as to whether any aelzure na OF Pas, way poe legally made, or as to whether the seizing Was or was not au- ; thorized to seize under the act, the burden of prov- ing the tilegaiity of the seizure shall be upon the owner or claimant, Under this section an Ameri- can fishing vessel coming into port We Ula oe 4 @ conceded and wnirestric! treaty right, elther for the purpose of sheltering or repalt ing damages therein, of purchasing wood or obtain- ing water, and uniawfully seized, 1nsiead of being presumed to bein port for @ lawful purpose, is pre- sumed by the ; ACT OP SEIZURE ITSELF, however unauthorized, to be guilly of a violation of the fishery Jawa. Tius, the presumption of guilt which is io subject @ fishing Vessel to seizure and | confiscation ts made, 1a the first instance, to depend upon the caprice of the seizing oMicer, and not upon | the conduct of the officers aud crew of the captured vessel, It 18 obvious (hats cn a rule of action must | be instrumental fa inflicting wrong and Lojury upon innocent and unoiending parties, STRAIT OF CANO, It has been intimated that stl further restrictions Whi be tmposed upou our dshermen, aud that an at- terapt will be made to exclude them from the Strait of Canso, ‘This appears to the Judge incredtole, in | view of established principles of initernauonal | law and usage which has so long prevailed, in bis “Elements of In- ternational Law,” says: traits are passages com- municating irom one sea to another, If the navi- | gation of the two seas thus connected 1s iree the | av.gation of the chaunel by which they are con- | nected onght ulso to be free, even if such strait be , bounded on both sides by the terriiory of the same sovereign, and is at the same tiie 80 narrow as to be commanded by common shot from both shores, | the exciusive territorial jurisdiction of that sove- | reign over such strait 13 controlled by the rigit of olver nations to communicate with the seas thus counected.” And he holds that “the principle on | which the right to navigate straits depends is tnat they are accessorial to those seas whica they unite, and the rignt of naviguting which 13 not exclusive, but common to all nations; the right to navigate the seas drawing after it that of passing the straits.’? ‘Tue Strait of Cunso for more than a century has been open aga public highway to the vessels of all | iriendiy nations. It formerly separatet French from Kuglish territory, and after the restoration of Cape breton to england by we capture of Louis. burg, in 1745, through the AID OF TROOPS FROM MASSACHUSETTS, it was kept open to the commerce of the world, Afterwards, when CAPE BRETON, In 1820, ceased to be a separate English colony, and was united to and became a part of Nova Scotia, within Woose territorial limits it taen became in- ciuded, the Strait still reutained open as a public highway to the vesseis of every nation, and has since continued without interruption, and stul con- Unties to Le used and enjoyed as a general thorough- fare vy Ainerican vessels in common with vessels this Stiaé to maritime and commercial uses by the French, Enghsh and colonial authorities, and after our vessels have pursued their oshing voyages trough it for more than a century, our right to navigate it cannot now ve questioned. VESSELS REQUIRED TO LEAVE PORT. The mauner im which the fishery Jaws are now cous:rucd and attem ted to be eatorcet by the Do- minion authorities, if acquiesced in, would amount. toa practical exclusion of our fishery vessels from colonial porta? for although their right vo enter for tne purpose of shelter, repairing damages, purcnas- ing Wood and obtaining water is guaranteed by solemn treaty, yet no sooner do they now enter than, coutrary (0 ali former practice, they are required t depart even before 1 13 ascertained for what pur pose aud under what circumsiances they resort tuither, While anthority ts given to ceriain oiticers, both imperial and Cauacian, to seize any American | any of the coasts, bays, creeks or harbors in Canada { Which, after examination, has been tound | fishmg or preparing to fish, or to have been f-hing in Brivish” waters; yet nothing in | auy of the acts respecting the fisheries | warrants the summary expulsions of such vessels irom port or prohibits any vessel trom en- tering, as well jor the purpose of procuring sup- ples, as for shelter, repuirs, woou and water, On tie contrary. THK FISHERY LAWS THEMSELVES, as well a3 the regulations respecting pilotage, re- cognize the ight of foreign fishing vessels ireely twenter the ports of the British Nort American previnces, Tbe vigorous measures, now lor the Orst (me adopted, which materially afect the righis and interests of a la class of American citizens engaged in the prosecution of an lnportant branch | of ludustry, Wuile detiving no sanction trom tue | ‘Treaty of 1513, or from the usave of nations, are rene dered still more objectionable from having been un- dertaken = without notice — prev.ously _ given | either by the Canadian Mluister of Marine | Fisheries, by the Collector. of Cul mail | Customs, or by the Vice Admiral. in command of her Majesty’s fleet in the briiisn North American waters. in consequence of waich American | fishing vessels, on their vovages to the Grand Banks, have been seized in colontal waters, and, in subversion of every principle of rigut and justic suyjecied to confiscauon under some previous un: Our fishermen can better endure hardship and peril than wrong aud injustice. Our tisheries fur- | nish @ nursery lor & Vigorous and energeuc race of Seaiion ti Une Of peace, and edectively aad to our + baval strength tn time of war; and the enterprising | and lutrepid men engaged in them—whuse employ- j ment Is a8 hazardous tu themselves as beneflctal to tue nation—should be eucouraged by the liverality and protected by tie power of the republic. Since the foregoing was writtea and transmitted tothe American government, some of the abuses which the Consul desert neh pre- venting tue lishermen trem eniering Britisit | ports for supplies and juel ve been 4 medied by order of me Domiuion authorities, Ali tie complaints, however, are founded ou tact, and I have only givea them to show the American peopie how very unjustly a worthy and Indusirious chiss of their zens have been treated by # neighboring power, ‘he whoie docuinent, as before tulimated, is ia the possession of the Juint High Commission. HOW WILL THE TROUBLES BE ADJUSTED?—sOME PACTS FOR THE COMMISSIONRRS. *‘Tlow wiil these fishery troubles be aqjustea 1" 18 @ quesiton frequently mooted, aud, if cucrent reports tr i nt winissioners theniselves, Without disput- aie entiled to a fait | fisheries, it 18 neverih Jess true that if they wei to our Ame- rican fishermen it Would greatly conduce to colonial prospericy. ‘Lue greater wae Jaciilies afurded aur rican vessels for Visiting (he British Norte American ports We more the trade of the provinces Is in- creased, tne larger the expenditures made therei lor bait, provision, fuel, clouinag, salt aud otber arucies desirable and_ hece~ Jor ti ayocation of the bsherman. During ie existen of the Reciprocity Treaty the Briiist iis they irecly admit—were more prosperous than tuey | have ever been since, and their prospert chiefy owing to the trade ot our Aterican tars. eir expendiiures mght around here were nearly halla miition dovacs annnally. WILL THE UNITED STATES ADMIT DOMINION FIST FREE OF DUTY? Of course, the feeiing ol the Lominion government would be greatly soffencd if the United States would allow British fishe. men the freedom of the American markel. To Wing about tie abrogauon oF fish and coal duti ubtedly been the motive of some ia prosecuting such an imuiserimimute r upon the American fisuermen. ‘they certamiy do not go in for free (rade 1H fish on ine broad and co endable | basis of principle, for we hear nothing whatever | about duties Luposed upon ther products by ther own and other nations. They lave a great deal to | say about the United States taxes, and seemingly | forget the burdensome duties imposed oy the Butish | (imperial), Spanish, Freuch and West Indies colonies. | ‘This 18 a.act Witca the Ameriwan jolt of tae High | THE CANADIAN FISUEKIES OF NOT MUCH ACCOUNT ANY WAY. Now, after ail that has been said and done abont | these everlasting Canadian fisheries, they are not of Much account aay way. Kegarding them in a com- mercial seuse, and to use a plirase homely, but ex- pressive, they “don’t amount to shuck: This is particularly ‘rue 80 far as ti ed States or the American fishermen are coucerued, und it is a Jamentable fact that they have atio ved tt to disiuro their tranquility to the extent that tt has. The whole trouble has becn about the mishore fisheries, The Canadians claim that no American bas a right to fish within three marine miles of their shores, and when the politicians (ook the matter im hand every American fisherman found by a Dommmion cutter Was seized, no matter whether he was within three or three — hundred ~—s miles" ofthe coast, Tois, perhaps, may not be iiteraiy true, but it is not far enough from fact to require much qualification. Now, these 1ashore fisheries (hose within the hallowed three-mile line), consti. Tue @ very insignificant portion ot tie fisheries along the coast of British North America. The Americans pursted tie inshore fisheries simply for wrackerel, and taking the average of ail the seasons, the qoantty of fish taken by our “Yankee’’ Ssher- men within the prescribed limits amounts to less than ouc-quarter oi their whore mackerel catch. The other three-quarters are take” outside, where the fish, is Ben butler seys, “belong to those who catch thew.” No cod whatever are caught near the shores, and the great fishing business ‘ay: and probaoly always will be prosecuted in the deep Water, on tie ocean fishing grouuds, Wotch are free to all the world, ‘There ‘other facts which the American 1 >presentatives of the assemmed body at Washington sould not ve ta ignorance of. A BRITISH CRITICISM OF GRANTS MESSAGE—A MIS- RECRESENTATION EXPOSED. Thave not been able to find any adjudicated caso rOvInCes, 9 the provinces, wel Prue t | Boas nk cts, rama | headed by the Chief Engineer, were near the place, + When the firemen got the mastery of the flames, his | trampling. down a poor woman and injuring her ‘The Insurance has not yet been ascertained, eau ex-school teacher, and Hepry Fischer, the result of which was that Henry whipped out a knife and made a desperate lunge at Albert, wounding him in a giect of duty, over the matier yesterday. Fischer is now im cus- in this province where an American fishing vessel has ever been condemned under the Treaty of 1818 for the common act of purchasing bait in British ports, The cases paraded in a certain pamphlet concert President Grant and his Message, pub- ltahed at Ottawa, under the direction, it 1s said, of the Canadian Minister of Marine and Fishertes, are | entitled tu no consideration whatever. The scluoon- ers Java, Independence, Magnolia and Hart, refer- red toin the pamplilet ag seized in 183, and {he hooners Papaneaa and Mary, selzed in 1%: irty,one years ago-—were condemned by the Vice Admiralty Court here in default of the appearanco of the delendants, and upon the ex parte amidavits of the seizing officer, It is a remarkable fact, how- ever, that tue grounds of the seizure of all the-e vessels, according to the aildavits, were that “the said vessels were frequeuting the coast of this pro- vince for the purpose of fisning there, and for no other purpose whatover.’? Thus, it will be seen, that there is nothing in these case3 tha in any man: ner confilcts with or compromises the force and justice of the decision of Jucge Hazen, of New runs wick. NOVA SCOTIA AHR. AD OF THE OTHER PROVINCES IN 25 THE FISHERIES, The province of Nova Scotia is considerably in advance of ail the other provinces in the fisning busl- ness, and Prince Edwara’s Island and Newfoun land are ahead of the whole Dominion, Nova scolla alone has a fishing interest equal to the entire inte- resta of toe New Brunswick, Ontario aud Quebec ‘aged im it would like free intercourse with the werican marketi—a fact which the “Knight of Kingston” will undoubtediy impress upon his col- ieagues of that High Commission. THY EXAGGERATION OF THY FISHING TROUBLES, AND BY WHOM, These fishery questions—or rather tne inshore fishery complications, which are the only matters in dispule—have been greatly exaggerated in impor. tanve by the colouial politicians, who have sought to use them for the purpose of making political capital for themselves iu tue Dominion, and also | with a view of obtaining MORE FAVORABLE TRADE RELATIONS WITi UNITED STATES. im the manner previvusiy deseribed, The matter will always be @ bone of conteation between the rovinces thenselves; between ihe Dominion aud he tmperial governments, as well as between thie tngerial government aud the United States, until ir) THR FINALLY AND FOREVER SETTLED. This settlement, Lam satistied, can only be effected by the Independent action of ihe Untted States and Great Britain, both of which, removed from the theatre of colonial politics, will take it up upon a fair and just basis, and, regardiess of ail Dominion | dissensions and dictations, unite upon a settiement alike houorab e to bot coungries. in whatever way the complications may ve settled their dnal adjust | ment cannot fail—by extending coivnial trade and ; removing causes of irritation—to be conducive to | the geueral interests of all the British North Ameri can provinces, CONFIDENCE IN THE HIGH COMMISSION. 1t must, taen, be reguraed as a source of congratu- Jation all around that this vexed question of the fish- eries—naturally magnified into agreat international dispute—is now in ine bands of what is hoped and belived to be an independent and impartial Commis- sion—a body composed of able statesmen, represent- ing the various interests and opinions of all partiea | concerned, and most all of whom are unailected by the prejudices arising trom past colonial conficts. ab 18 to be hoped that white they will do justice to the provinces they will not ve likely to allow any selfish motives co interfere with the manly adjust ment of a question too insignilicant in itself to be permitted to longer endanger the friendly relations of two great countries like Great Britain and the United states. Now, Messrs. Joint High Commissioners, do your duty. The HERALD Commissioner has done uls. A NEWARK HORROR. Built to be Burned—Ballantine’s Malt House Destroyed—The Foreman Burned Alive— Two O.her Persons Badly Hirt—Loss $75,000—Insured for $70,000. Yesterday afternoon, for the third time within a few years, the large malt house of Peter Ballantine & Sons, on Kector street, Newark, N.J., was the scene of a very destructive conflagration—the worst and most terrible in its resuits of all three. It ap- bears that at about half-past ore o'clock smoke was observed issuing from the roofof the building, an extensive four story brick. Shortly afterwards the fire alarm was sounded, and soon the fremen, In the building at the time was the foreman, John McCormick, aud soon Mr. John Ballantine, who lives: in the vicinity, and several others, were there also. Some grain in the drying room or kilo had caught fire. McCormick went to look after ihe kiln on the fourth floor, and opening the door of the fire-proof room, was instantly prostrated with the force of the current of hot air and rendered helpless from THE FIERCE FLAMPS which followed and continually tncreased in volume. He was seen to fall by another employé, and heard, to exclaim, “My God, I’m rumed !’ but his fellow workman barely escaped with his own life. As it was he was so badly burned tuat he had to be removed to St. Michacl’s Hospital. Poor McCormick was never more seen ave. Some hours afterwards, trunk was found BURNED TO A CINDER, minus legs, arms and head, The remains presented @ horrifying appearance m the extreme. Herwas | within ten feet of the stairway when he fell, and but for the dense smoke, which blinded the other employé and Mr. John Ballantine, who, too, had & very narrow escape, might have been saved. 7c building, despite the efforts of the firemen, was entirely gutted, The three upper stories are gone, and the walls are damaged so that they will probably have to be torn down, The kilns were also utterly destroyed, ‘The stock of barley on hand was small and that of malt large. In two weeks hence the season would have been over aud work suspende | till fall. THE UNFORTUNATE FOREMAN was @ native and resident of Albany, in New York State, and came to Newark about a year ago, He leaves in Albany a wife and three children, Mr, Peter Ballantine, Jr., speaks in the highest terms of his trustworthiness and eficiency, “the remains were taken care of. No inquest is deemed neces- sary. A WOMAN SERIOUSLY INJURED, During the excitement which prevailed one of the hor-es beionging to the estaviishment broke Loose | and dashed along Front street at a fearful pace, perhaps fatally. Her name was not ascertained, LOSSES AND INSURANCES SHEET. ; THE HIGH COMMISSION. Earl De Grey’s Farewell En- tertainment. A Brilliant Illustration of Old English Hospitality. WHO WERE THERE AND HOW THEY LOOKED The British Commissioners Preparing for Their Return Home. The Work of the Commission About Completed. Wasuinaton, April 23, 1871. Eari de Grey, of the Joint High Commission, re- sponded toa long season of American hospitailty last evening by giving oue of THE MOST BRILLIANT OF SOCIAL ENTERTAINMENTS, one that has seldom been surpassed in Washington. Mr, Franklin Philps’ elegant mansiou, the head quarters of these British diplomatic gentiemen, was transformed into a scene of fairy beanty. The in- terior of the house itself is excecdingly attractive, having an atmosphere of delightful home lie, which also seemed to communicate itse.f to the guests | assembled there last evening. The garden en- closure was covered, floored and carpeted, one side being walled by a hedge of cedars. In the centre, in a large oval spacs, were grouped lilies, geraniums, drooping fucuias, roses and English primroses, pleasing ihe cye with their beauty and filling the air with their perfume, Near “the steps leaaing into the pariors was a fountain surrounded with moss and ferns. Six pillars wreathed in evergreens upheld tne roof, aud be- tween them hung crystal candelebras holding wax tapers, whose light was reflected in a thousand glit- termg pendants. Flags of different nations draped the walls, and conspicuous among them was @ Union Jack composed of immorteiles, flanked on either side by the American and Britisd colors. THE PORCH, opening into the dining toom, was arranged for the band, the decorations consisting of portralts of | George Washington, Queen Victoria and President Grant. In this snug retreat Weber's delightful or-” chestra performed a choice répertotre of music, the prograinme including The Star Spangied Banner’? and “God Save the queen.’’ In this pavilion of de- licious colers, scents and sounds, THE TABLE was set with every dainty that could attract the taste. strawberries were piled in transparent disues, and ices and creams, as delicate as the bloom of the flowers, were handed to the guesis by attentive waiters, Here also were paced seats for the convenience of those who wearied of the prome- nade, In THE PARLOR, near the hall doors, stood the host with Lady Thorn- ton, who assisted in receiving with her usual suavity and ease. She was attired in white silk with deep flutings of satin, a pepluin of blue satin bordered with white lace, @ white gauze scarf thrown across her shoulders, and tace and roses in her blonde hair, completed a finished and elaborate vollette. EARL DE GREY was dressed in ordinary evening dress, with the unique addition of the insignia of the Order of the Garter, dark biue stockings and the glittering band atthe kuee, Lord De Grey wore also other tasignia of rank and office. He received his guests in a friendly and famiitar manner. In the parlor, also, the perfume of flowers was agreeably perceptible, the hearths being banked with moss i which grew rch exotics. The same exquisite ornaments adorned mantels and tables, There were present all the members of the Commission with most of THE DIPLOMATIC CORrS, who wore decorations and insignia of rank and title, legations, THE CABINET was represented by Secretaries Boutwell, Bobeson and Attorney General Akerman, and the judiciary bv Justices Bradiey, Swayne, Miller, Davis and Field, of tie Supreme Court; Solicitor General Bristow, Assistant Attorney General Hall, of the Department of Justice, and Chief Justice Drake and Judge Lor- ing, of the Court of Claims. Among THE SENATORS were Messrs., Carpenter, Patterson, Osbora, Thur- man, Sprague, Robertson, Sawyer, Cole and Coand- ler, and among the representatives Generals Banks, Butler and Garfleld, There were also present Colonels Schriver, Audenried and Rathbone; Generals Townsend, Ramsey, Pleasonton, Dycr and Park; Admirals Porter, Hof, Bailey and Goldsborough; Commodore Sands, Montgomery Blair, General Babcock, George W. Riggs, Frankin Philp, J. C. Kennedy, L. A. Gobright, Ben Perley Poore, Francis Lawley, Colonel Finley Anderson, William H. Philip, Dr, Johnson, L. Q. Washington, H. A. Preston, Franklin Steele, Judge Phillips, Captain Pbipps, General Eastman and many others, distinguished in thetr respective spheres tn life and famillar in Washington society. THE LADIES accompanying these gentiemen were in full evening dress, and moat of the toilets were very elegant and complete, At eleven o'clock the promenade was in- terrupted by SUPPER, The total loss on stock and building ts set down at about $75, , $45,090, Duilding $20,500, tercated are as follows:—Hlome, $10,000 00; Westchester, $4,000 (on machi c nea! 009; Merchants’, $3,000, nal, $10, 3’ Mutual, $5,000; People’s Mutual, § ewaik Mutual, ” $2,500. Tota! m these compantes, $7,000. . Fels took the firemen just five hours to subdue the ames, LARGE Fi Louis, { §T. Lovis, Mo., April 23, 1871. Ata late hour last night a fire broke out in the | tobaceo factory of Waite & Barickson, on Clark | avenue, between Eighth and Ninth streets, and ex | tended tothe tobacco factory of William ©. Wood- son, on the west, destroying both. The fira also extended to several adjoining —buiid- ings cceupied as small shops and dwellings, doing consideravie damage, White & Earick- son had some 80,000 or 100,000 pounds of plug tobacco in their factory, nearly all of which was destroyed. Their probable loss is about $60,000, William C. Woodson will probably lose about $15,000. The buildings occupied by these factories were owned by Charles H, Peck, whose loss 1s about $10,002, The total loss ‘is estimated at $100,000, As the walls of Earickson’s factory fell the Cihef Engineer aud four pipe men narrowly escaped “THE KNIFE IN NEWARK. In asaloon tn Newark, last evening, an alterca- tion took place between one Albert Duttlinger, an part not dangerous. Duttlinger it appears was discharged irom the school in consequence ot ne- and Fischer aud he waxed wrothy toay. Of THE PASI. vinws APRIL 181, Te beh ns forces took urn le public bi 1778—Britieh soopol- pe United States manded by Washington, D.C, and ‘ar Drake bag be by the sloop-of-war nger, com- . Foret Treiand, ts eo v. she Th = Emperor Charles English hospitality. ; Ment 1s regarded as expressive of an approaching work of the Joint | High Commission, and as indicating that the British | | the President's Message, is atiractlug some atten- Earl de Grey escorting Mrs. Fish. An air of social pleasure seemed to pervade the entire assemblage, | the young folks gathering under the subdued sha ie of the pavilion, while the more sedate guests kept in the brilliant parior, where easy chai's and sofaa , tempted them to quiet comfort. At twelve o'clock precisely the band played “God Save the Qucea,” the SIGNAL POR RETIRING, and the gay crowd melted into the midnight enad- ows, well pleased with this deiightfal evidence of ‘This splendid social entertain- satisfactory conclusion of the portion of i will soon leave this country tor their home, the party being in the nature of A FAREWELL ENTERTAINMENT. Although the points of settiement of the qrestions | in dispute between the United States and Great britain are agreed upon they have not yet been re- duced to treaty or convention form, the delay being | occasioned by the waiting for responses from te British government to the communications sub- mitted to it by the British Commissioners. They, however, have no doubt their official transactions will be FULLY APPROVED, Tt was tn this confidence, united with the sugges" | tions of our own Commissioners, that Presi Grant calied an extraordiary session al the Seante for the 10th of May, thus allowing ample time for the perfection of the measures to he submitted, in the adjustment of the fisneries qnestion the NAVIGATION OF THE RIVER ST. LAWRENCE Will be secured to our citizens. Atleast this propo- ; Sition is now pending, and will be definitively de- elded this week, There is no doubt that the Joint High Commission have agreed on the Alabama and other similar claims, leaving their adjudication ana award to @ commission of jurists The question | involving the ownership of THE ISLAND OF SAN JUAN Will, according to the best avtaimable information, be submitted to the arbitration of some friend’ Fo@ers. ‘The tsland 13 not regarded by either p as of much valne, but the deciston of the que possessive right, which has been so tor ance, is considered of importance, f” series of measures to be adopted by ments, in order to bind more cl tries in friendship by removi” ory cause of dis- PON, 40 ihe Comasiaaio” Jains walle. soregulvedy guarding the right ANd nonog of thelr respective ty ation of & in abey- a view of the che two govern- ably the two coun- They were accomp:mied by the ladies of the | Countries, have from the first day of thetr moeting shown a disposition to ACCOMODATE THEIR DIFFRRENCES and to arrive at such conclastons ag will be gener ally satisfactory to the great nations immediately concerned in the business with wh! they are en- wustea, In the work entitled “Selections from Speeches of Bart Russell, 1817 to 1841, and from Despatenes, 1859 to 1865, with Introductions,” published under She supervision of Bari Russeil himselt in January, 1370, there occurs the followiug words:—“During the discussion of the questions relating to the Ala bama and the Shenandoah it was the great object of the British government to preserve for the subject the security of trial by jury, and for the nation the yegicimate and lucrative trade of shipbuilding.” ANOTHER CHINESE OUTRAGE. reck of an English Steamer——Her Capture by Chinese Pirates, The Crew and Passengers Take to Boats to Preserve Their Lives. Their Sufferings on Stiore Bee fore Reaching Amoy. as Hone Kora, China, March 6, 1871, WRECK OF THE STEAMER, Ifanytuing were wanting after the Tlen-tein mase sacre of last June to convince Americans, Knglish- men and other Western nations of tne thorough hostility to all foreigners it can be found in the treat. ment of the English steamer just out from England, which was wrecked on a point of Ocksn Island on the 1sth ult. The Don, having touched at Hong Kong | on her way out, sailed from here for Shanghae on the Lita February, She ran aground on a point of Ocksu Jsland the night of the 13th, the weather be- ing foggy. ATTACKED BY THE CHINESE PIRATES. The Chinese soon came around tn swarms, and commenced stoning the passengers and crew of the Don from the high points aud crags overlooking | the deck, Being unarmed, and fearing that thelr retreat might be cut off and themselves overpowered by numbers, they took to the boats and quietly slipped away under cover of the fog and darkness, They headed for the nearest coast, not far from Amoy, and got along very we'l ull daylight next morning, when the four boats in which they were | embarked were surrounded by fishing janks, which ran them down, separated them, then staved in the sides of (he boats, plundered them ana the passen- gers of everything, money, watches, provistons, and even as much of their clothes as they could strip on, THE WRECKED PARTY ASHORE. ‘The wrecked and unfortunate sufferers were then | set asnore to shify for tuemseives. They attempted | to make their way to Amoy, but not knowing the | Way and finding no one willing to show them, hav- | ing nothing to eat and no money to buy any, meet- | ing only with vivleuce and harsn treatment lor three days, they were finally on ths point of perishing with cold and huager, when they fortunately met with one friendly Chinaman, who ted them and bad them guided to Amoy at the rate of two dollars { apiece. OUTRAGES BY CHINESR. ‘This outrage and the Tien-tsin massacre, be It ree membered, were perpetrated by tne miid, hospita- bie people, so friendly to foreigners and so anxious for the Introduction of Chrisuanity as to wish to see the shining cross on every ill, according to Mr. Burlingame. The fact 1s the Chinaman wants nothing to make him equal in ferocity toa wild ; Western Indian but the Indian’s courage, They are | cowardly and cunning; but, in deadly hatred of the | Eughsh, they would lose nothing by comparison | with old King rnitip and Tecumsch., As they are such intense cowards the only way to appeal to them 1s through the medium of their fears, THE PEELING OF THE LOWER CLASSES, ‘The masses, it Is true, the cooites, Ullers of soN, merchants, &¢., are not opposed Lo toreigners, 80 far as they are concerned, but they are as come pletely the slaves of (ne mandarins and literatl as | the Southern negroes were the slaves of their mas- ters under the good old democratic régime betore the rebellion, THE CH NESE RULERS, ‘The ruling classes in Chisa, vow composed of the UWteratt and mandarins, foresee tio downiall of their | power just as clearly foreshadowed in the Increase | of foreign influence as the ola slave ogarchy saw theirs in a free infusion of liberal sentiments, open discussion of republican principles, &c., among their slaves, Hence the determined opposition of the Chinese to any extension of privilege to foreign- ers, er even to the tree use of those already granted by treaty. ‘Tne last trouble, the plundering of the Don, may be settled more easily than the Tien-tsin affair, by regarding the planderers as pirates and promising to punish them when caught. ven it the real perpetrators are never caught the matter can easily be arranged by taking some criminals under sentence for other crimes and offering them as sacrifices to offended justice; or, in celauit of this, any number of poor Chinamen can be found Who will very readily seil their lives in consid tion of the payment of afew hundred dollars to their families, as was donc in the case of the vic+ tims sacrificed to the foreign demand for justice in the cage of the Tien-isin massacre, THE CHINESE CHARACTER. A Chinaman will sell his children, his wife, bis limbs, anything he haa, even his ite, for money enough, Some years ago, whea one of our ships of the navy was going up to Nau«in, @ Chinaman had his ankle 80 badly frac- | tured and érushed by some accident that the ; surgeon had to amputate it to save his life. After the operation was over a collection was taken up on board for the benefit of the poor fellow, and about | a hundred dollars was ston raised and patd over to him, AS soon as tis fact. bec | the surgeon was besieged by a bi “neathen | Chinees,” all witiug and anxious to sell thetr leet, | lintbs, aukies aud all ior $100 apicce, or even ieas, | But the demand for that article being rather limited | ne declined to mvest even at that very low rate, | THE IDEAS OF MR, SEWARD. | A Jetter of Mr. George F. Seward, American | Consul General at Shanghae, of Aprii 22, 1570, pub+ lished in American diplomatic correspondence with tion here and Is commented en very favorably, from the fact that Mr, Seward takes ground in fovor of coercion ip recommending that when @ demand is | made for justice it should be done with the clear in- timation that if the demand is not complied with we shall find a way to rigbt ourselves, thus using moral suasion with a strong reserve of force in the | backgroun |—unyuestionably the ouly sure way to deal with the heataen Chinee. | THE UNITED STATES SHIP COLORADO. ~*~ | The United States ship Colorado 18 * out tp “sant | hence for Manitla, It is though: there she will proceed u Don's disaster; for a’ < -9 (Mat after touching: Near the scene of tho +MOUgh, $0 far as is yet known, | Chly one Ame’ ean Wason board the ti-fated Dom, | Captain 4, #, Boswell, formoriy of Salem, Mass., | WhG nad just pttoted the Colorado trom Suangnae to Japan and up the inland, soa, stili it is thought that American interests wa lose nothing by baving such @ ship as the Colors fo about. FRACTIOUS HORSES. While Dry 4ganc Mallert, of 14 West Thirtgs | SeVCnth * creer, was driving up Filth avenue yester- aY A! grnoon, his horses becoming unmanageable, { ar | TO away whom near the coruer Of Eighueth street, | “Upsetting the carrtage and throwing the Doctor violently to the pavement. He waa taken up by ‘ some gentlemen wio chanced to be passing nth conveyed to St, Luke's Hospital, whea It was foal | that Ue was quite seriously iyared about tl aud face. ‘The team, arter runuing into aad expsiZ- ing three other veutcles, was Bnaily secured by ociicor Youngs, of the Sineteeuth precinct. Mr. Wiliam Jones, who resides at de West Eight. centn strect, went out lor @ ride yesveriay, and |} when passing (rough Sixth avenue ts horse be~ came irigatened at something, and started of ata lively gait, When near LICth street, he ran ayaimet | alamp post, ‘arowins Mr, Jones out and breaking , bbs leg