The New York herald., 1878-11-18
Her Majesty's Government Stands
On the Award.
No PROVISION FOR AN APPEAL.
A Majority Decision in Accordance With
International Law.
THE FIVE MILLIONS EVIDENTLY EXPECTED,
WAsHSGroS, Nov. Il. 1878.

following
rpatch of Secretary Eyarts concerning the Halifax
fishery award:
FoRETGS OFFICE. Nov. Z 1878.
Sm-Her AIaiestys government have given their
attentive consideration to the despatch relating TO the
Halifax Fisheries Commission addressed TO You by
Mr.. Evarts, the Secretary OF State OF the United
States copy OF which you were good enough TO
place in my hands ON the 10th ult. and have
The honor to make the following observations in re-
ply. which shall feel greatly obliged by your COM
municating to Mr. Eyarts with the least possible
Her Maiesty's government fully appreciate the
rankness with which Mr.. Eyarts has requested you to
communicate to them the views of the government OF
the United States this question and it is their desire
TO recprocate in the fullest degree the wish expressed
by Mr.. Evarts 10 complete and explicit I'M
derstanding between the two governments as TO the
conformity of the award made by the commission to
the terms OF the Treaty of Washington. | must in
the first instance recall your recollection the cir
rumstances which led to the organization of the
THE ORGANIZATION OF THE HALIFAX COMMISSION.
The reciprocity treaty Of the 9TH Of June 1854 be
tween Great Britain and the United States terminated
"a lovo, not Woih any uesire on IN part " Ler
Majesty government 10 put period to its stpula-
lions but consequence of the notice provided for
N article of that treaty having been given by the
United government, the mutual privileges IN
respect to free shing and free trade III certain pro-
duchons which had. Under ITS operation, pecn en-
oyed by the inhabitants Of the United States and of
Her Maiestys North American possessions came to an
end The effect OF this determination OF the re-
ciprocity treaty to revive the difficulties Incl
dental To the fisheries question:; difficulties so well
known to both governments that il is needless for me
to enlarge upon them the present occasion.
The danger however of collision between the fisher
of the nations began to manifest itself soon
after the termination OF the reciprocity treaty, and
Her Majesty's government were anxious to come TO
speedv and satisfactory solution off the question
With this view Her Majesty's Minister At Washington
addressed, the 25th of January. 1871 note TO Mr.
Fish. in which he stated that Her MaJestys govern
1nen deemed il Of importance to the good relations
which they anxious should subsist and be
strengthened between the United States and Great
Britain, that friendly and complete understanding
should be come TO between the two governments ls
70 the extent OF the rights belonging to the citizens OF
the United States and Her Majesty subjects respec
lively with reference to the nshtres on the coast OF
Her Majesty possessions in North America. and as
TO any other questions between them affecting the
relations of the United States toward those possessions
a. the consideration or these matters would however
involve Investigations OF a somewhat complicated
nature, and il very desirable that they should
be- thoroughly examined, he was directed by Lord
Granville propose TO the government of the United
States the appointment of "a Joint High Commission
which should be composed of members to be named
by each government should hold it's sessions at Wash
ington and should treat of and discuss the mode Of
settling the different questions arising out OF the
fisheries well all those affecting the relations OF
the United States toward Her Majesty possessions IN
North America. To this note Mr. Fish replied on the
both OF January Of the same year. and wile stating
that the President shared with Her Majestys govern
the appreciation OF the Importance OF friendly
and complete understanding between the two govern
with reference To the subjects specially sug-
tcstsd the consideration Of the proposed Joint
Hign Commission, he added that it would be desira-
bic include in the deliberations of that commission
consideration Of the other questions then at issue
between the two governments particularly those
known as the Alabama claims. II was thus owing to
tie Importance attached by Her Maicstys govern
their anxiety to come to satisfactory
settlement Of the difficulties connected with il. that
the negotiations were commenced which led 10 the
organization OF the Joint High Commission and
ultimately to the Treaty of Washington. large por-
ZION of the delb rations OF that commits sion was
voted the difficult and long standing question now
under consideration, and after many proposals ana
proposals, including offers on the part OF the
United states Commissioners 10 grant commercial
privilege tar in the remission of duty
sh and fish oil in order that they might acquire
United states fishermen unrestricted access to the
lnshore waters OF British North America, Artlcies'
Nos 10 and and 80, at length agreed 10.
and constitute the authority under which the Halifax
Commission acted. Article No. y provided that
InasmGch a. il j. asserted by the government Of Her
Britannia Majesty that the privileges accorded 70 The Cit
greater value than those accorded by articles Nos
Maesiy and tins assertion s NOT admitted By govern
meri q the United states. i s further agreed tha. com,
the privileges accorded by the United states 70 the sub
81 treaty tue cf eompen sation
which ~ thsr opinion ought 60 he paid ~ ts
o. the ntted states o tue goycfnnent % het britAc
Mest n return Tor the privileges accorded e ihe citizens
,s ~ a133 baip ~ feid bv ~ Tned states goysrn'
st Ia ~,ss sup within twelve mont H. after sncb ward
shall have given.
LEGISLATIVE AvD DIPLOMATIC AcrIoS.
The acts necessary enable the several articles Of
the treaty relating the fisheries 10 be carried into
passed by thc Imperial Parliament OF Grent
Britain tire 9TH ~ August 1879 by the Parliament
" Canlds the 18th Of June, 1872 by the Lcgiss-
ture 81 Prince Edwards Island (which did not at that
ia
,he Colony of Newfoundland ON the 18th Of March.
1874 and by the United States Congress the 18th
VI February. 1919 - serupuous moreover, were
Her Maiestys government that United states citizens
should enjoy IN the fullest degree the benefits s red
them under the treaty that United states fishermen
admitted ~ the practical Use of the inshore
nshing grounds advance of the formal lei,isla-
i've acts necessary for that purpose aud this
concession was nckn0wielgcd by tn government Of
the United States liberal and friendly act Her
Majesty government consider that II l. important
1n examining this subject 10 bear in mind the dis
~ he ID
fishery rights IN British waters and the part relating
~ claims thcn pending ~ other heads. Az regards
The fishery rights. the cftlnns Of the United states
BY the treaty put into actual ,ssesson and
Jyylncnt 81 tbein. That enjoyment mas been had.
aud cannot be recalled. Whether any. and what,
was 20 be PAID ~ thc government - the United
States for the rights thus conceded to be deter
mined. aud determined without appeal, by the tri-
bunal constituted under the treaty United states
fishermen having entered iutn the enjoyment the
privileges thus secured 70 them, It became
necessary 70 take Immediate steps for the con
Stitution OF theconmission appointed 10 meet ~ Halt
in the manner prescribed w the treaty. Various
circumstance however, With which your govern
nient familiar contributed a. occasion delay the
complete organization ~ the commission, aud it
not therefore. until the LIT 81 March, 1876 that an
ldcnfc note addressed ~ The Austfu- Hungarian
Ambassador In London by tho 11ar OF Derby. aud by
the United states Minister ia London, requesting that
Lis Excclency would be pcaetd To- uaue the third
Commissioner in the manner PROVIDED Tor by article
M. ~ OF the treaty. His EAcellency thcreupon
1amed NJ Maurice Dclfosse, the Belgian Minister at
Washington. and appriscd the governments of Great
Britain the United states and Belgium Of the selec
SION thus made. Her BfttaunE Md4eSly government
having previously appointed Sir Alexander Gat to be
their Commissioner and Francis Clare Ford to bC
their agent the government of the United states
having similarly appointed the Hon. Ensign H. kcl-
JoNg 10 be their Commissioner and the Hon dwight
Ioster 20 be their agent the constitution of the com
mission was completed
MEHTlNG oF THEl COMMISSION.
In accordance With the terms Of the treaty aud ate
previous communication between the three ComInis-
s0ners the 18th OF June. is7I fxed for the first
day " meeting. The commission was accordingly or
ganzd ~ holding the first al the city Of
halifax that day. when all the Commissioners were
present and produced their respective powers. lho
lion Dwight Potter and Mr.. Ford were also present
~ agents ~ their respective governments. A. Del
lb4sN was then, upon the proposal ~ the United
States Commissioner elected president ~ the culn-
miasi0u. and, 4 secretary having been appointed by
hin, the three Commissioners proceeded. IN
uprUttamaU with tho twenty third article ~
Ap treaty. Is make and sign sol
suln declaration that they would iinpar.