Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-03-14

and he further declared that he deemed il bis duty
TO state that ait is Objectionable whether il is
petent for the board to make award under the
treaty except with the unanimous consent of all
arbitTators" Mr.. Dwight Foster, the agent OF
our government, stated he had no instructions as
to what he should do under the circumstances, but
be could not keep silent and give ground for the
inference hat our government would consider the
award "A lid one. | mention these facts to show
that the objections to the validity of the award
were not the result of aforethought, but were in
corporsted AS part OF the proceedings before the
arbitrators.
The ground on which Kellogg questioned the
competency of two of the sIbitrators to make an
award IS that found in all legal authorities on ar
btration. The articles in the Treaty of Wash
ington creating the Halifax Board Of Arbitration
gave no authority TO the majority of the board to
make an award, nor is the third commissioner EN-
powered to act as an umpire. Both in the trihu-
nal at Geneva aud in the Claims Commission at
Washington 1t was expressly stipulated that a ma
joriy of the arbItrstors should dec de. In the
ifailiax Commission no such stIpulatlons were
made and the inference therefore Is strong, il not
irresistible, that the award should be made accord
ing TO the general law of arbitration. What the
law is upon English authority may be briefly
stated. Redmsn, on arbitration and awards, cou
sideIed Que Of the highest authorities in England,
says
ION a reference to several aIbltrators, with no
provision that less than all shall make an award,
each must and all must act together, and every
stage of tho proceeding must be 10 the presence
OF all, and the award must be signed by all at
the same time"
Francis Russell, another English author tv of
eminence, says con a reference to several afb-
traitors together, when there is no clause provd-
ing for an award made, by less than all beng
valid, each of them must act personally 10
the performance of the duties of his Office,
as If he were the sole arbiti ator, for, rs the
Office is Joint, if It fuse omit to act the 9th
ers can make no valid award" and Stewart kNd,
an carrier, but not less authoritative writer, en-
forces the same doctrine. After slludIng to the
Roman las aud to its permission for the majority
of albItraors to decide, Mr. kyd makes tie fo-
loving statement: 'In this respect the law of
England is somewhat different; for unless it be
expressly provided 10 the Submission that less
number than all arbitra,ors named may make the
award, the concurrence OF all is necessary"
IL these eminent EngliE authorities to be
accepted 1t Is quite apparent the Hahlay award
has no binding effect IN law whatever. As to the
equity of the case | have already given the unde-
naole facts that govern 1t. am not now discuss
my, much less presImiug, to define the actl on
which our government should ultimately take in
reg ard to the award. IL we should follow what
believe TO he an inevitable course of Great Britain
under similar circumstances we shou Id utterly Ie-
fuse TO pay single penny and groun our own re
fusal both in law aud equity of tue case. The
treaty, as it stands, is \ mockiug of Justice, and
will work certain destruction of q great American
interest. 1t l., in fact, nothing else than asking
for destroy ng the great ii heIy interest of Amer
Ica, and sill further gripping and weakening US
as commercial power.
For utter abIo4 alton of the treaty should be
willing TO pay the annual indemnity for the wears
we have used the in-shore fisheries, during which
years the Canadians have had free access to the
markets of 40 mIllIoosi or | would be willing to
pay double the award to be rid of the treaty.
Weimight, by this course, anticipate by q period
Of seven years return 10 that policy which alone
an py .xv. he tfn ,t
great aud Impoftan trade. Ind ssolubly assocat-
ed with our commercial development and sbso-
lutely essential to our success add prestige AS a
naval power, aud paying thus even an unfair price
Tor the IN shore fisheries AS long we shall have
used them. we remove all possible ground Tor m-
putaton, even by the ignorant anu hostile upon
the honor OF oar government aud the good faith
and tar dealing OF our people. When we
poor aud weak a, nation we SO highly esteemed
the value OF the fisheries that we Encouraged
their development ny reward, aud bounties.
These we've aban ioDe1 years ago, but still we
preserved to our fishermen preference in our
own markets. Even that is nov given away by
the provisions of tae treaty, and now by the IL al
flax swsrJ, If we accept 1t and continue the treaty
we pay Great Britain a million dollars per aunum
for destroying school Of commerce, which prop
erly nuItured, will he her great 10 the fuuIe
Against such policy enter my emphatic protest
il stand alone. | believe the pi oducts of Amer
csn Industry on land and sea, should have the
first aud best chance in American markets. be-
lieve the American fishermen should be preferred
by US 10 the Canadian fisherman, and If can
not pay him bounty to encourage and susta N
hun, let US. at least, not pay bounty to Great
Britain to destroy INN.
Senator Plumb sent to the secretarys desk and
caused to be read, letter which he had received
from Boston, urging him not TO vote for the award
the treaty was injurious to American Interests
Senator Sargent inquired OF Mr.. Blaine what eff
feet the recent attack on American fishermen 90
the coast of Newfoundland had upon the treaty
and whether 1t did not violate 1t.
Mr. Blame SAID he thought it did in part.
Mr. Dawes said he concurred in what the Sena-
tor from Maine said, and the people Of Massachus.
ets all believed that no advantage has accrued to
the Ame lean fishery by the treaty, but that the
award made more than paid for The entire catch
OF fish taken within three miles OF the British pos
sessions.
Mr. Hamlin said he was not opposed to the res
olut.ou, but he would ask that the case be not
preJudiced. The national honor and good faith
required that the award should be paid without e
gard to It's Justice.
Tue resolution passed unanimously.