The New York herald., 1878-11-11


coal salt and lumber and the nexorable demand for
free market for fish and fish oil speaks volumes for
the pecuniar value Of this latter to provincial in
teresis.
Her Msjesty's government, IL may reasonably ~
assumed. has given ~ this award Of the concurring
Commissioners ~ careful attention, and subjected
in thu light Of the diplomatic negotiations whirh
established the Halifax Commission, and the
evidence before that Commission, to o comparison
with the authority impaired by the treaty deter
mine whether it conforms to the authority and
is valid, transcends that authority and. for
that reason, liz void Whatever opinion Her Majestys
government may have formed on this point has not,
far tins government is aware, been made public
ernmenf In inviting fiil exposition of the views
Of Her Majestys government upon the matter.
brought into consideration between the two
governments. you will say to Lord Salisbury
that, wholly unsupportable the pecuniary
urc Of the single and frAgmsntary matter. mot
braced in the diplomatic concurrence OF the High
oint Commissioners and thus left by them to i'm
partial appraisement, seems to this government, IL
will receive and examine with entire candor any OPP
posing views in maintenance Of the validity of the
award which Her Majestys government may pre-
sent. II, W. shall not cease TO anticipate Her Ma
submitted to the Halifax Commission has not been
adequately disposed of by the concurrtng Com
nissoners the way will seem to this government TO
be thereby opened for more permanent and CON-
prehensve settlement of the fishery interests of the
two countries than reached by the Treaty OF
Washington II the present correspondence shall not
result in this desired agreement and even II the
opposing views which may be communicated by
Her Majesty's government should affect our pres
of the award, cannot in all candor. hold out any
expectation that this government ever recognize
the valuation of the countervailing concessions of
articles Is, 10 aud H. involved in this award AZ
guide, even, much less = standard. for any future
treatment of the fishery contentious. which the
igences Of the situation. left may require.
MAJORITY QUESTION.
Passing from the grave question which touches the
essential elements of the award. upon considerations
vital to the whole system of arbitration, l
desire you. further. 10 call Lord Salisbury's
attention to particular point in the sctud
award-that is to say the failure OF tho three
Commissioners TO agree in any result and the consc-
quent announcement of that inability and the pro-
mitigation of the widely different conclusions which
the two coucurring Commissioners and the dissenting
Commissioner had reached The question presented
the face of tho svsrd OF the Halifax Commission,
viz, whether the concurrence of the thrce
Commissioners in their award required
by the treaty, made matter OF public
discussion both ia Great Britain and In the provinces
before and during the sitting OF the coniiuission
In this discussion, so far 10 has fallen under my
notice, the legal, political and popular organs of
opinion seemed quito positive that this unaninity
required by the treaty. In this country
the matter little considered, either because
the British view Of the subject was accepted
or because complete confidence in our case, on its
merits superseded any interest In the question. The
point up now for the first time for consdera
tion between the two governments. aud will need at
ention from either only in Her Majesty govern
ncnt should fail to in the views of this gov
ernment which condemn the award the grave
grounds already presented. The question involves
nothing than the inerpretationof OF the treaty,