The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-08-14
FISHERY COMMISSION.
The American and British Claims and
Counter Claims.

WASHINGTON, Aug 13.-The State Depart
ment is in receipt of dispatches announcing
the opening the sessions of the fisheries COM
mission at Halifax. The British case, the coun-
ter case of the United States and the British re-
ply have been duly filed, and the examination
of witnesses has commenced. The commission
was created by Article 22d of the Treaty of
Washington, to decide whether and what com
pensatlon should be allowed Great Britain for
the alleged superiority IN value of the advan-
tages conferred by British upon the citizens of
the United states over the advantages confer
red by the Unlted States concessions upon the
subjects of her Brittanic Majesty by the treaty
1871, and it seems to be conceded equally by
the two governments that that the award must
be unanimous and the finding of the three com
missioners. The case as made by Great Brit
ain, claims:
lst-That the differences between the con-
cessions of the old convention of 1878 and the
privileges conferred by the treaty of 1871 are
subjects of compensation.
2d.-That these are the rights to enter great
bays. like those of Fandy and Chaleur, within
the lines drawn from headlapd to headland. for
the purpose of fishing; the right of fishing
within the three mile limit from the shore; the
use OF the coast for drying and curing fish; the
privilege OF traffic for bait, supplies, &c., in the
Dominion and Newfoundland ports, and the
right of transhipment of fish from the same.
3d.-That the mackerel fishery, of enormous
value, is almost entirely confined within the
three mile limit, and absolutely necessary to
the United States as a supply of food and the
largest element of their fishing trade, and that
If retained exclusively by British subjects would
give them valuable monopoly and the COM
mand of the American market even, with a
heavy duty. Valuing these claims according to
certain British official returns and the testimo-
ny of the Dominion and Newfoundland fisher
men engaged in that business, and the British
government demands $14, $50, 900 for twelve
vaara' Loo of tho cd tha fv
offers to citizens of the United States, which
estimate is the alleged surplus value of British
concessions over and above the advantages
which were given by the United States to the
British government in opening American in
shoe fisheries to subjects of her Brittanc Ma
jesty, and making fish and fish oil free of duty.
The American counter case replies
1st.-That the difference between the treaties
of 1878 and 1871, is neither in fact nor by diplo.
matte construction of the just measure of the
relative advantages secured by either govern
ment under the treaty of 1871.
2d.-That as to the advantages alleged by the
British case to be the grant of the treaty of
1871, the right to enter within the headlands of
such bays as those of Fundy and Chaleur was
never surrendered by treaty of 1878; was never
claimed so as to be practically enforced by the
British government, and will always be main
tanned by the United States government as an
inalienable right; that the right of traffic for
supplies aud right of transhipment were not
confessedy the treaty of 1871, and are now only
exercised permissively. and subject to revoca-
tion by legislation of the Dominion, but that
even if granted by the treaty of 1871, it is SIM
ply reciprocity in trade which benefits both
buyer and seller, and cannot be supplemented
BY money equivalent on either side, and con-
sequently that value of in-shore fishery, with
the increased facilities in use of the coasts for
drying and curing are the only subjects of COM
pensation to be considered.
3.-That the value of the mackerel fishery is
largely derived from their own shore fisheries
and deep sea fishing, and that the proportion
of the mackerel catch derived from the in
shore fisheries, opened to the citizens of the
United States by the treaty of 1871 is so small
that statistics of trade prove that the American
market could not be controlled by the British
fisheries, even without competition.
THAT the freedom of the United States
in-shore fisheries, the use Of the Menhadden
fishery, which furnishes the necessary bait for
the mackerel fishery, and which is exclusively
within the American limits, and the freedom
of entry into American ports of fish and fish
oil, furnish ample and sufficient equivalent for
any and all advantages derived from the treaty
of 1871 by the citizens of the United States.
taking testimony will be fully occupied Since
the opening of the session the Dominion press
seems to be good deal excited over the pro-
ceedings, and the subject is attracting there
general and marked interest. The proceedings
so far have been with closed doors, and it is
understood they will SO continue, but it is
believed that as all the formal papers are now
filed, the case and counter case will be given to
the public by both governments, so that the
people may intelligently understand the grave
questions and large interests at stake.