Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1881
No. 339.
Mr. Hoppin
to Mr. Blaine.
London, November 21, 1881. (Received December 7.)
Sir: I have the honor to transmit herewith a copy of the correspondence between this legation and the foreign office in relation to the interference, by inhabitants of Newfoundland, with fishermen of the United States, which was referred to in your dispatch to Mr. Lowell, No. 206, of the 30th of July last, and which you instructed him to bring to the attention of Her Majesty’s Government.
I have, &c.,
Mr. Lowell to Lord Granville.
London, August 19, 1881.
My Lord: I am instructed by Mr. Blaine to ask the attention of Her Majesty’s Government to a subject of serious interest in connection with the exercise, by the fishermen of the United States, of their treaty privileges on the coast of Newfoundland.
In the examination of the Fortune Bay claims, in order to make a proper distribution of the amount lately paid by Her Majesty’s Government, the attention of the Government of the United States has been forcibly drawn to the condition of affairs out of which those claims arose. Among the more recent claims which had not been submitted to Her Majesty’s Government, but which are, of course, included in the settlement, were several going to show the existence, on the part of the native fishermen of Newfoundland, of a determined opposition to the exercise of the treaty privileges by fishermen of the United States. In one case a large and angry mob of these Newfoundland fishermen took possession of an American fishing vessel, cut her anchor and set her sails for the avowed purpose of causing her to drift on the rocks. And the universal testimony of our fishermen, including many who have made no formal complaint to the government, is that they are absolutely forbidden, both by the show and use of force, from taking bait on the coast of Newfoundland and in other vicinities. It might be supposed that the recognition by Her Majesty’s Government of its responsibility for such lawless interference, and its having made reasonable compensation for losses consequent upon them, would put a stop to further violence.
But the payment of even large damages by the Imperial Government does not make itself felt upon the provincial population. And from all the information submitted to the Government of the United States, it seems to be not an unfair or unreasonable conclusion that there is too much sympathy between the local authorities and the native fishermen, and that there exists at the fishing stations no adequate police force with authority, ability, and disposition to check these outrages.
The condition of these people under the treaty is undoubtedly hard. They are very poor and illiterate. They depend, for what is at best a very scanty subsistence, upon the sale of bait to the United States vessels employed in cod-fishing upon the banks; and the use of their privilege of catching their own bait on the Newfoundland shores, which the treaty secures to American fishermen, necessarily deprives the native fishermen of this means of support.
But it is to be assumed that these considerations were given their due weight by the British Government when negotiating the treaty of Washington, and it must not be forgotten that Newfoundland has received a large sum from the United States Treasury in payment for this privilege.
Mr. Blaine, in his dispatch on this subject, states that he refers to these facts merely as they are indicative of future troubles, for if at any time the fishing vessels of the United States should resolve to meet force with force, the result of so untoward an occurrence would be to raise issues equally unpleasant to both governments. The time is approaching when the present treaty provisions will expire, and in the [Page 561] discussion of the common interests which must be anticipated my government is anxious that questions sufficiently grave in their own nature should not be complicated with local and temporary irritations.
It is believed by my government, therefore, that Her Majesty’s ministers will agree in thinking it desirable that the Imperial Government should impress upon the provincial authorities their duty to maintain and enforce the rights which the treaty has conferred within their jurisdiction upon citizens of the United States, and especially that they should place at the baiting stations, and on the frequented portions of the coast, officials with sufficient authority to restrain these outbreaks of violence.
In bringing this subject to the attention of your lordship, I am particularly instructed to take care that Her Majesty’s Government shall fully understand the friendly spirit in which my representation is made, and that the desire of my government, in making it, is to prevent in the future those disturbances which have done so much to render unsatisfactory the settlement which it was hoped had been reached in the treaty provisions of the treaty of Washington.
I have, &c.,
Lord Granville to Mr. Lowell.
Sir: I have the honor to acknowledge the reception of the communication which you were good enough to address to me on the 19th instant, in which, by Mr. Blaine’s direction, you invite the attention of Her Majesty’s Government to certain facts which tend to show, it is alleged, a determination on the part of the native fishermen of Newfoundland to oppose the exercise by the fishermen of the United States of the privileges secured to them by treaty on the coast of Newfoundland.
In reply I beg leave to state that the friendly language in which this representation from your government is couched is fully appreciated by Her Majesty’s Government, and I need not assure you that it shall be considered by them with all the care demanded by the importance of the interests concerned.
I have, &c.,
Lord Granville to Mr. Hoppin.
Sir: Referring to the letter which I had the honor to address to Mr. Lowell on the 29th of August last, I now beg leave to state to you that Her Majesty’s principal secretary of state has been in communication with the government of Newfoundland in regard to the observations which Mr. Lowell had been instructed to address to Her Majesty’s Government respecting the line of conduct which, it is alleged, is adopted by the fishermen of the colony towards the fishermen of the United States, showing, as Mr. Lowell represents, the existence of a determined opposition on their part to the exercise of their treaty privileges by the American fishermen.
I have now the honor of stating to you that the attention of the government of Newfoundland has been particularly directed by the Earl of Kimberly to that portion of Mr. Lowell’s letter of the 19th of August, in which it is suggested that the authorities in the colony should maintain and enforce the rights conferred within their jurisdiction upon citizens of the United States, and especially that they should place at the baiting stations and on the frequented portions of the coast, officials with sufficient authority to restrain outbreaks of violence.
The government of Newfoundland, in reply, fully recognize the importance of the subject to which their attention has thus been directed, but they point out, with reference to the case of the American vessel which is cited by Mr. Lowell as having been taken possession of by a large and angry mob, her anchor cut, and her sails set, for the avowed purpose of drifting her upon the rocks, that it is somewhat remarkable that not only was no complaint made by the master of this vessel to a magistrate, but that neither he nor his crew should have mentioned the subject until he had returned to the [Page 562] United States and the claims of other fishermen were being brought forward for adjudication.
The government of Newfoundland regret that the good faith of the local authorities should be called in question. It is not denied that differences have arisen, and may again occur, between British and United States fishermen when plying their calling in the same locality, such differences not being infrequent even when fishermen of the same nationality fish together. But they are not aware of any case of dispute between British and American fishermen in which, on complaint made, an investigation has not taken place and justice has not been administered.
The colonial authorities at Saint John’s have expressed a wish that the attention of the Government of the United States should be called to the demoralizing effects upon the people of Newfoundland, resulting from smuggling, and the sale by the United States fishermen of various articles, including spirits to a considerable extent.
The police force of the country, they state, bas been necessarily increased, and even now is inadequate, not indeed for the preservation of order amongst the native population, but for the prevention of wanton destruction of property and other lawless acts committed by a rough class of United States fishermen, who, after committing outrages, take refuge on board their vessels, leaving the unfortunate sufferers without remedy.
In forwarding these observations, Her Majesty’s Government have no desire to raise a discussion with the Government of the United States, on matters which it would be unreasonable to expect should be entirely within their control. Her Majesty’s Government cordially reciprocate the friendly spirit in which their attention has been invited by Mr. Blaine to the treaty privileges of the American fishermen, but they would point out that reports, from whomsoever received, of irregularities of which no complaint is made at the time, and on or from the spot, to the responsible authorities, must be accepted with some degree of caution. For their part, Her Majesty’s Government fully appreciate the desire expressed in Mr. Lowell’s letter, that every precaution should be taken to obviate the recurrence of disputes on the fishing grounds of Newfoundland between the British and American fishermen, and they trust that the measures which have been adopted, and which will be supplemented, if necessary, by further action, may fulfill the common wishes of the two governments.
I have, &c.,