The New York herald., 1875-10-18
THE CANADIAN FISHERIES.

-&
THE AMOUNT TO BE PAID ENGLAND BY THE
UNITED sTATEs-THE ONE MILLION DOLLAR
oFFER-cAUsEs OF DELAY IN THE MEETING
OF THE COMMISSIONERS
After lapse Of over four years the Commission pro-
vded tho Treaty OF Washington for tho final set
tlement OF the disputed claims Americans to fish In
Canadian waters is about to assemble at Halifax Nova
Scotia This is the only unsettled question remaining
after the labors in 1870 OF the Joint High Commission
and though United States fishermen have enjoyed for
considerable period then all the privileges they
contended for, our government has yet pay to Eng
land large sum TO be hereafter determined in consider
alton for these same privileges They consist Of the
right Of taking curing and drying Of fish in the
of the Dominion without being restricted to any dis
tance from the Shore with permission to land in order
to make purchases dry nets, &c. IL may be stated
that ii the differences that arose between the
United States and Great Britain in consequence of
certain unfriendly OF the Provincial authorities
that led TO the meeting OF the Joint High Commission.
The abrogaton Of the Reciprocity Treaty in 1866 caused
the Canadians to Of laws calculated to
drive Americans from their usual fishing grounds. No
notice was given of this intention and many vessels
were seized and brought in prizes during 1870 In
that year acts were passed authorizing British officers
TO seize vessels lowering within three miles Of any
coasts, bays creeks harbors of Canada take them
into port and examine their masters under oath touch
ing their cargoes and voyages and to inAct a heavy
pecuniary penalty if true answers were not
given; and il such vessels were found preparing
TO fish within three miles without license they were
TO become forfeit. Vice Admiral Wellesley who has
recently visited the United States, in command of
the English naval forces and he proceeded enforce
these harsh laws vigorously. American vessels
captured grounds which they had remained
molested from time immemorial and angry feeling
was springng up between the two countries when the
British government proposed and the United States
agreed that the matters in dispute should be referred to
a Joint commission. Subsequently all matters in con-
troversy including the Alabama claims was referred to
this body The United States yielded numerous valua-
BILE commercial privileges to Canada by the Treaty OF
Washington. Many of the most important productions
OF the Dominion are now admitted free of duty and in
respect to fisheries the Canadians enjoy in American
waters and on American soil the privileges their
States.
ENGLISH AND AMERICAN VIEWS.
Among the earliest questions taken up by the Joint
High Commission at Washington that relating to
tho fsheres. The discussion lasted nearly six weeks.
The British Commissioners were prepared TO consider
the matter IN detail or generally either to enter
into an examination of the respective rights Of the two
countries under existing treaties and the general law
OF nations or TO approach at once settlement on
compensation basis. The. American Commissioners
preferred the latter and declined entertain PROPOSE
on restoring the Reciprocity Treaty 1854 because
1t had proved unsatisfactory to the people Of the
United States and was subsequently, terminated by
notice in pursuance of its provisions. They
stated that il the value of the inshore fisheries
could be ascertained the United States might
prefer to purchase for sum of money the right to
enjoy in perpetuity their in with British
fishermen and mentioned 81 0G0 900 amount they
were prepared TO offer. The British Commissioners
considered this wholly inadmissble. In reply to tho
latter who alleged that the fisheries of great
value the Ameri Commissioners declared that they
were overestimated and that the United States desired
to secure their enjoyment not for their commercial or
intrinsic value, but for the purpose OF removing
OF irritation II was finally agreed that the
two governments could not agree, reference should be-
made to an impartial commission TO determine the
matter. The language Of the treaty shows how the
parties viewed the question and the means adopted for
Its settlement
The twenty second article OF the Treaty of Washing
ton declares that nasmuch II is asserted by the gov
ernment of Great Britain the privileges accorded
TO the United States of greater value than those
accorded Great Britain, il is agreed that Commis-
soners shall be appointed to determine the amount Of
any compensation which, in their opinion ought TO be
paid by the United States to England in return for the
privileges accorded citizens OF the United States and
that any Of money which the said Commissioners
shall award shall be paid by the United States in
gross within twelve months after such award shall
have been made.
The twenty third article provides that the Commits
sioners shall be appointed in the following Manner
One by the President Of the United States by the
British government and third by the President OF the
United States and Her Britannia Majestys governments
jointly; and in case the third Commis-
sioner shall not have been so named with
in a period OF three months from the date
the article takes effect then he shall be named by the
representative at London of the Emperor Of Austria
In case Of the death, absence incapacity OF any
Commissioner the vacancy be filled in the manner
provided for in making original appointments. The
Commissioners are to assemble at Halifax Nova Scotia,
at the earliest convenient period after they have been
respectively named, and shall, before proceeding
any business make and subscribe a solemn declaration
that they viii carefully aud decide the
referred to them 10 the best of their judgment and
according TO justice and equity. Each contracting
party shall also name person to attend the Com
MISSION It's agent TO represent its general interests
Oral and written testimony is TO be received and cross
examination of witnesses permitted The
either side is to be closed within six months from date
OF organiZation and award made possible
thereafter The period of six months may be extended
three months in of vacancy occurring in the
Commission.
CAUSE oP DELAY.
Protocols from time to time signed to carry out
the design OF these articles but early in 1874 IL
understood that Congress would be favoraby disposed
to a reciprocity treaty like that OF 1854
with Canada The State Department was also under
stood to be favorably inclined TO the measure, and q
draft of treaty taken into consideration by Mr..
Fish A reciprocity treaty would change very mate
rally the view Of the Dominion government in refer
the fisheries by Americans and accordingly Sir Edward
Thornton notified the State Department that he thought
IL unnecessary take any fresh steps with regard
the Fishery Commission until the Senate met in Decem
ber 1874. That body having done nothing in the mat
ter, find Sir A. I. Gait has been appointed British
Commissioner under the treaty and that il is UNDER
stood Lieutenant Governor Clifford OF Massachusetts,,
will act in the capacity behalf of tho United
States. II is not yet known whether the English and
missioner. In OF a difference THIS point it Is
provided mentioned above that the Austrian Min
ister at London Is to name suitable person.