The New York herald., 1878-03-08
ARE WE BOUND BY THE DECISION Z
Different Views Entertained in Con-
gressional Circles.
The DEFICIENCY BILL IN THE HOUSE.
"A Lively Fight Over the Boston Col
lectorship Presaged.
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL CORRESPONDENT.
WASHINGTON March Z, 1878.
THE FISHERIES INSTRUMENTATION BLAINE 8
MOVEMENT FOR AN INQUIRY INTO THE
AwARD-vIEws ENTERTAINED ON THE RIGHTS
AND DUTIES OF THE UNITED STATES
The interview with sx-Sccrctary Fish the Fisheries
Commissions award, published IN to-day's HERALD,
has attracted great deal Of interest here II 10 un-
derstood Senator Blaine will speak briefly tomor
his resolution OF inquiry, which was LAID over
when he offered It, tho objection OF Senator Wal
lace, OF Pennsylvania. The resolution will undoubt-
edy be adopted and the President 10 is thought will
furnish the correspondence and memoranda called tor
Mr. Baines friends say his resolution not intended
any one but that tho inquiry s necessary
ket at rest rumors which have been floating around
Washington ! winter, and which the HERALDs state
ments to-day In some respects confirm, and also to
open the discussion OF a question winch must be
settled.
The question whether Mr. Derosse proper
person arbitrator after Earl Rpou's ad-
mission that he would probably be objected 10 by the
United States is extremely and naturally Irritating 20
the diplomatists here, who will hereafter hesitate to
accept the dsagreeable ofce of arbitrator their
good faith afterward TO DO qucstioncd But IL Is
only minor question in the matter at issue. The
main question, one OF them, will be whether our
government Is bound in honor to accept the eward
aud, Lord DuGerin said in speech at Toronto not
long ago. to pay up like gentleman. II Is the opinion
OF some persons IN authority hero that rather than
incur charge Of bad faith ought 10 offer pay
for the time we have used tho hsheres-about tive
years OF the ten for which the award WAS made-at
the rate Of that award, and thercupon give notice
that wc will pay no more, aud that the treaty pro.
visions allowing Canadian oil aud fish TO enter
ports duty free are abrogated On this plan we should
pay Two millions and hall and hereafter exclude the
Dominion 1sh aud oil.
Others, however, who have carefully looked into
the treaty provisions creating tho Fisheries Commits
81 will take the ground that the decision Of the
commission was no: made dnal. They cite the pro-
Ioco official memorandum Of the discussion re-
lating to the fisheries question between the Joint
High Commissioners IN 1871, trQm which 1t appears
shat the American Commissonpfs desired then to
purchase at agreed price the right 10 the In
shore fisheries In perpctuity, ana It Is curious fact
showing the value then placed upon this perpetual
right as compared with the Fisheries Commissions
subsequent award OF $500, 900 for ten years. use,
that the American Com missoncrs In 1871 Of
tered only $l.00 600 tor the use OF these nshore
fisheries forever Tho British Com tn issioncrs
thought we ought to give the Dominion q
reciprocal tariff arrangement and reciprocity In
the coastng trade; but they proposed that COAL salt
and lumber be admitted free, and that a money pay
mcnt should be made by the United States besides.
1t was finally agreed by the American Commissioners
that they were willing, subject to the action Of Con.
fress, to concedc free nsn and equivalent for
the OF tho inshore fisheries and to mako the ar
raogement for q term OF years that they OF
opinion that free fish and fish oil would be more than
equivalent for those dsheres; but that they were
also willing to agree to reference to determine that
question and the amount OF any money payment that
might be found necessary to complete equivalent,
being understood that legislation scouid be needed
before any payment couia be made.
II is held that this 1nal clause shows the intention
or understanding that the DECISION Of tho Fisheries
Commission not to be hnal, but be subject
to ratification that in ac It was to bo opinion
report, and not Judgment In support Of posi-
lion It is urged that wns tho determinations OF the
two other arbitration commissions under the Wash
ington Treaty, that of Geneva and the Claims Comms-
TO be full, perfect and final settcment OF all the
claims they include such declaration as made IN
the treaty In reference 10 the determination Of the
Fisheries Comm ission.
IL is further held that to mako tho award Of this
commission binding the decision should have
been unanimous, and. IN support OF that
position. 1t IL shown that In tho case
oi tho Geneva and Mixed Claims comm ssions the
treaty specifically declares that majority OF the
SCISSORS shall be sulcieut for decision while IN re-
gard TO the determination Of the Fisheries Commis-
ton no such words appear IN the treaty II Is added
that In tho treaty Of 1871 there three CON-
missions ard only two Of tbo three in this case
were to decide by majority Of the arotrators
further matter Will probably turn up 10 the dis.
cussion showing extremely sharp practice on the
part OF the Canadians These NJ first held that they
would have the right to iorbd vessels to procure
ban, Ice, &c, In Canadian waters. This was ap-
pears in the report OF the Halifax Corn mission
countenanced oy Great Britain, and was after dis
cussion, formally excluded The comm issiou
iu short, wero to take cognizancc at
all Of this right, which was be ours matter of
course, being in fact profitable to the shore people
Canadian waters, from whom fishermen made
their purchases. There remained therefore, before
tho commission only the question OF the fisheries
But since the decision has been made by the commits
sion 1t Is said that the Canadians once assert
that the award being only the nshcre es they have
rtl the right whenever they choose TO exercise II Of
preventing our fishermen IRON entering their ports
to procure ice, bait ana supplies and the Canadian
press attempts TO hold this In feyror.m over us 4,
enforce either the payment OF the award or general
reciprocity treaty
There is an impression here tha< the Canadians
havo been trying somewhat sharp game US; that
what they really wantis complete reciprocity treaty
and that they would forgive the S. $4,000 II we
would grant that, and that they have CON-
mt,ed the blundcr OF seeking 10 cocrco or
irighten US into It, II will DO pity
II this should be made manifest, for q reciprocity
treaty would greatly bcneht the Uaited States as well
rs CANADA, and opinion here favors such an arrange
ment only with Canada but with all tho nations In
North aud South America. The suspicion, however
that the Canadians meant or hoped to coorce iulo
treaty or bargain with US for helps tho opponents
Of reciprocity.
Another matter is spoken Of hcrc-the incaraciy Of
the American mcmOer Of the commission. IL freely
said by many persons that II the American Commits
iioncr had been an able and capable man the award
would not have gono heavily against US, but that
Mr. Kellogg was capable OF nothing but mere re-
In tp