The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-14
THE FISHERIES COMMISSION.

OPENING OF THE sEssIoNs--THE BRITISH AID
AMERICAN CASES As TESTIMONY
TO BE rAKES-INrEIEsr IN THE Pnocxxo"
INos THROUGHOUT THE DOMINION.
wAsuisGroS, August IL, 1871.
Tho State Department receipt Of dispatches an.
nouncng the opening OF the OF the Fisheries
Commission al Halifax. The British case the counter
OF the United states and tho British reply have
been duly fled ana the examination OF witnesses has
commenced The commission created by article
20 OF the Treaty of Washington 10 decide whether any
and what compensation should be allowed Great Britain
for the alleged superiority IN vane OF the advan-
tages conferred by the British concessions upon
citizens OF the United States the advantages
icrred by the United States concessions upon the SUBJ
ecs Of Her Britannia Majesty BY the treaty Of 1871,
and seems to conceded equally by the two govern
mcns that tho award must 10 n unanimous 6nding of
tho three Commissioners.
CLAIMS.
The case as made by Great Britain claims:-
Eirst-rhat tho differences betSee the CONCESSIONS
errcd by tho treaty OF 1871 are the subjects OF COM
pensatioD.
secoad-That these the right TO ontsr the great
bays like those Of tundy and Chaieur within the iinei
drawn tho purpose OF fishing, the right OF hshin2
within the three milc limit from Shore the use Of The
Tor tho purpose OF drying anu curing nshi ths
privilege OF trac for bait, supplies &C., IN the Do
mnlon ana Newfoundland ports and tho rights OF
npinen, OF nan from The same.
Third--ihnt tho piackerel fishery 10 .! enorinout
value, almost entirely confined within the three miles
limit and alb outey necessary 10 the United States
a supply OF food and largest element VI Their hsh
ing irae ana that II retained exclusively BY Bfitlsh
subjects would give valuable monopoly aud tho coin
mand of the American market even with high duly.
valueing these claims according TO certain British
Official returns and tho testimony VI the DomihioE
and ioundand fishermen engaged in that business
the British government demands sl4 ESQ., 900 for the
twelve years lease of the advantages which the treaty
offers the citizens OF the United States which esti.
mate the alleged surplus value OF The British con-
cessions and above the advantages which are
given by the United States to the British government
in opening The American inshore fisheries to tho SUB
jects OF Her Britannia Majesty and making nah AND
Ash oil free OF duty.
THE AMERICAN CASE
The American counter case repies.--
Ftrst--rhat the difference between tho treaties Of
1913 and 1871 ~ neither IN ac nor by diplomatic con-
structon the just measure Of the relative advantages
by either government uuder tho treaty of ISL
Secoid-That as TO The advantages alleged by tho
Brush to be the grant OF the treaty or 1871, tha
right enter within the headinds OF such bays us
those of FIndy aud Cnaeur was never surrendered by
the treaty 1885, was never claimed so as 10 DO prac.
ana viii always be maintained by the United
States government as an inalienable right, that the
right traffic supplies and the right OF transship-
.nent were not conferred by Tho treaty of ISL md
are now only exercised permssivcly ana subject 10
revocation by the legislation Oi the DOMINION, Dut
that granted by the treaty OF 1871 u IL simply
reciprocity OF trade which benefits both buyer aud
seller, aud cannot DO supplemented by money
equivalent either ssde, and consequently that the
value Of the lnshorc fishery, with the Increased iaci-
the OF the coasts Tor drying and curing are
tho only subjects OF com peIsitou TO BIO considered
YAigi-rhat tho value OF he mackerel fishery 10
largely derived from their own shore fisheries and tho
deep fishing aud that the proportion OF the mack
crel cni derived from the iuahorc fisheries opened
10 citizens tho dated States the treaty OF 1871
Is small that statistics OF trade prove that the Amer
tran KAT moi ~ M
fisheries eycn witaout competition.
E0urh-That the freedom OF tho United States IN
which furnishes the necessary BAT Toe the mackerel
fishery and which Is exclusively within American
limits, and the freedom Of entry into American ports
of iish and ish oil furnish ample and sufficient equiv
lent for any ana all advantages derived from the
treaty OF 1874 by cl,,zens OF the United states
TESTIMONY.
II is supposed that all the time allowed for taking
Of tic session the Dominion press to be good
deal excited the proceedings, and the subject -
att ing there general aud marked interest The
proceedings far have been with closed doors and II
Is understood viii SO continue, but II IL believed that
as al the formal papers now ned the case and
counter case will BIO given to the public by both gov
ernments that the people may ntclligently under
the grave questions and large interests at stake
HALIFAX, August IL, 1877.
Judge Bennett, of Newfoundland, gave testimony
before tho Fishery Commission to-day IN support Of
the British cause.
All the counsel engaged before tho commission were
guests at the dinner OF the newly formed Dom Mon
Bar Society, ut MaNab Island, this afternoon.