New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-18
SECRETARY EYARTS'S LETTER.
TIE ADVERSE AWARD no FAULT OF THE AMERICAN
LAWYERS, AGENT AND EXPERTS.
I,..u. g.. ~.

SECRETARY EYARTS'S LETTER.
TIE ADVERSE AWARD no FAULT OF THE AMERICAN
LAWYERS, AGENT AND EXPERTS.
DEPARTMENT OF STATE. May 10, 1873.
| have the honor to lay before you the pa
pcrs which relate the subject of the fisheries SUBJ
mtted to the determination Of commission by certain
provisions OF the Treaty of Washington, aud consid
cred before such Commission in evidence and ar
gument, aud the result OF the deliberations OF
the Commission announced by the Commissioners
at the conclusion OF their labors. These papers
embrace all the authentic documents of the transaction
commencing with the negotiation OF the pertinent art-
ces OF the Treaty of Washington running through the
conduct OF the investigation before the Commission.
and the result reached by the Commissioners and clos
ing with report OF the agent Of the United States OF
such proceedings before the Commission and their re-
suit When communicated to Congress they viii pre-.
sent to their attention such materials for legislative
action in the premises are possession OF the Depart
mcnt.
The selection OF the three Commissioners In the manner
pointed out by the treaty had been completed by my
distinguished predecessor in Office just before entered
upon my duties and the agent the part Of this Gov
eminent represent II generally in all matters con.
nected with the Commission provided IN the treaty.
had received his appointment some years be-
fore The treaty eniOined upon the commits
soners that they should proceed with the
| organization OF the Commission, at tho
earliest convenient period after they lad been respect
as competent and suitable could command from the
profession should be promptly placed at the service Of
our agent TO aid in the maintenance OF the case
o. the United States before the Commission.
thought the Government fortunate IN being able
10 secure the professional aid or lawyers OF such
general ability and such qualifications Mr. Dana. OF
Massachusetts,, and Mr.. TreseOtt Of South Carolina
Upon an examination Of the record Of the proofs and
arguments made before the Commission, am happy TO
concur In the judgment which agent Mr.. Foster
presses In this report "a to the merit aud
value OF the labOrs OF these accomplished counsel
In the conduct OF the case; and am quite sure
the ability fidelity vigilance and circumspccton shown
by Mr. Foster, himself, in the preparation, the produce
ton and the enforcement Of the of the United
states win the fullest approval Of all depart
mens Of the Government that shall have occasion TO
give the subject any consideration.
In the preparation and presentation OF the proofs
able to make OF the unriyaled knowledge and
complete intelligence Of the whole subject OF
ash and fisheries possessed by Professor Baird,
tho United States Commissioner OF hsh and
fisheries. who gave 10 the agent and counsel
OF the United States during the session OF the Commits
sion Halifax the benefit OF his attendance and scien-
thc instructions in the selection and production OF
evidence part and in the criticism and correction
of that alluced by the British agent aud counsel t
gives NE pleasure TO in Mr. Fosters praise
OF the valuable services in connection with the ease or
the United States Of Mr. Babson the Collector OF Gus
toms at Gloucester. the principal fishing port OF inc
country OF Mr.. jackson, our experienced and e1-
ccleHt 90 nsul at Halifax.
I'm looking back upon the conduct OF the case o. the
United states before the Commission, am not able 70
discover any failure OF ability attention part
in any matter just and satisfactory
determination by the Commissioners Of the matter sub
mltted 10 them. n that determination, announced
by the Commissioners shall fail 10 satisfy our sense OF
the Commission the disappointment cannot be charged
to fault or omission on the part OF our agent ana
counsel In the presentation OF our case
THE ROME OF CONTENTION,
In proceeding lay before you the actual result OF The
proceedings before the Commission for communication
to Congress- with such recommendation in respect 10 its
action thereupOn may seem 20 you expedient, mud
il necessary TO precede such observations upon
tLe result itself 40 seem 20 me apprOpri-
ate by brief statement OF the essential points
OF the contention between the two countries
on the subject Of the fisheries and OF the method when
n was hOIed had been happily provided by the Treaty
OF Washington for solving the dispute Upon the tern
n abs When was pt TO rcst while that treaty was in
operation, RENTED to its old and troublesome ele
ments.
when the subject was taken up in the negotiations
which produced the Treaty Of Washington it appears
from the protocol OF the conferences this subject.
which will be found among the papers now
submitted, that the high Commissioners on the
part OF the United states regarded The pariiel;;
Lawrence 1.-THE matter under a. OF yeLy
sum OF N 100000 right perpetuity 10 save the
irritaions and strcs lnseparabe from the vague ana
yided by the Convention of 1878 whleh had been so
fruitful Of controversy between the two Goyernpenis
on the other hand the High Coniinisslonefs, on
the part OF Great Britain. evidently looked upon
inc possession OF our markets for the products
OF the fisheries OF the Dominion and ada
cent ports Tree OF duty as q desirable consider
alton In exchange for participation IN their FISH
cries with such makeweghts in the nesoaton IN the
way OF further free trade they might be able 10
slade eoncede herewith. They persisted there.
fore IN rejecting pecuniary measures OF the value OF
participation tie iDshore fisheries, and struggled for
the renewal Of free mportajiOns INTO this country.
which had been enjoyed under the reciprocity treaty 10
as largo an extent as might be.
1HE TREATY OF WASHINGTON.
The result OF conferences Is shown 10 Articles Is
TO 20 the treaty aud disposed Of the matter as fol-
lows:
Firs-A participation in the inahore fisheries OF the
Gulf Of St Lawrence is conceded to the inhabitants OF
tho United states for q term OF years, towit for
twelve years from the commencement OF the right
Articles Is TO 20. a.. g. 49,. s.,..ao. -.
rns,ed States north OF the 39tn parallel OF north at-
,nae IA Conceded TO the subjects OF Great BratnArt-
Tbird-Pree importatoninto the Uped States Of fish
ana nsh oil OF all kinds Except OF inland lakes and rivers
falling into them and except FISH preserved IN OLD being
The products Of fisheries Of the Dominion Of Canada u
See Finh Page.