DEBATE OF APRIL 24, 1889.Question: "Resolved that the Fisheries Treaty should have been ratified by the Senate."
Brief for the Affirmative.W. C. Green and W. L. Munro. Best single references.- Senate Minority report, Senate Mis. Doc. No. 109, 50th Congress, 1st session, p. 38, and Speech of William L. Putnam, at Portland, in above report, Appendix E., p. 136.
I. Articles I-VIII settles by compromise the three mile limit and headland question.- (a) A compromise is the best way of settling the different claims:- Dr. Snow in Forum for Dec. 1887, p. 347.- (b) Area yielded is to our advantage; Senate Minority Report. p. 89.- (c) We yielded inshore fisheries and they are of little value; Edmunds in Senate Report in Message on Fishery Treaty 1888, p. 584; Concessions yielded by Great Britain in Speech of Saulsbury, Congressional Record, 1888, p. 6897.
II. Article IX makes Strait of Canso free, which it has not always been:- Cases cited by Morgan. Congressional Record p. 7527.
III. (a) Articles X and XI secure commercial privileges to our fishing vessels;- Speech of Saulsbury in Cong. Record p. 6899. (b) Under treaty of 1818 they had no commercial privileges; Senate Majority Report, p. 6, no 1. (c) Commercial privileges were not secured by reciprocity of 1830.- Putnam's Speech p. 142: Speech of Pugh in Cong. Record, p. 6350.
IV. Articles XI and XII provide reciprocity of treatment of fishing vessels:- Speech of George in Cong. Record p. 6243.
V. Article XIV limits Canadian municipal jurisdiction over captured fishing vessels:-Speech of Putnam p. 145; Speech of George in Congressional Record p. 6243.
VI. Article XV would establish reciprocity.
VII. The treaty was not ratified because of partisan motives:- Public Opinion, August 23, 1888, p. 428 from Philadelphia Ledger, New York Times and Boston Post.
Brief for the Negative.
W. D. Clark and R. C. Surbridge.
Best single reference: Elliot's Northwestern fisheries.
1. The late fisheries treaty should not have been ratified by the senate because: (a) the treaty grants us nothing which does not already rightfully belong to the Unites States:- Lodge, North American Review. February 1888; Wharton's Digest, and 304-306; (b) the fishermen themselves were strongly opposed to the treaty:- Speech of Senator Hale, June 13, 1888; (c) Canada has always pursued an unfair, grasping. and aggressive policy towards the United States:- Speech of Sneator Hale, June 13, 1888; (d) the outrages against American fishermen were prompted by a desire to drive the United States into the treaty:- Speech of Senator Frye, Congressional Record, vol. 19, part 5, p. 4698; (e) no redress is given to our fishermen by the treaty for illegal seizures:- Speech of Senator Hoar, July 10. 1888, p. 48.
II. The treaty is disgraceful to our diplomacy, because: (a) the "three-mile limit" in the case of bays is made to be five miles; (b) we are forbidden to enter eleven bays each more than ten miles in width; (c) the municipal dominion of Canada over these great bays is thus increased; (d) our fishermen are prevented from entering bays where the channel is less than three miles from shore.
III. (a) on entering a harbor, our vessels are under the municipal regulartions of the Dominion government and a right is given up which has been previously successfully asserted; (b) We practically give up right of transhipment allowed to them; (c) "it binds the United States to be content with whatever is given by this treaty as the full measure of its rights, and to be content with it forever," and in the face of all this allows British North American fishing vessels possession of all commercial rights in all the ports and waters of the United States:- Sen. Misc. Doc., No 109, fiftieth Congress, first session, pp. 1-38, especially pp. 36, 37, 38.
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