New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-12

offer and would enter into no negotiation that did MOI
fisheries into the American market free OF all duty
The concession. highly advantageous to Canada
inserted in the treaty and it further agreed to o
ton should be paid Great Britain for our right to *.
nshore fisheries OF Nova Scotia for twelve years the
and two Commissioners Doth in eject selected BY Grsas
BRITAIN determined that We should pay her S5,500Oa
600 S' per 'I a"hu@ The duties on n' tie s0 ps
ducts of Canadian fisheries imported into ihis
quite another 100000 per annum, that under this
award we should be actually paying nearly si,OOo,ooc
Ing on the coast Of Nova scotia where the total eaten sy
,, beyond What o we had the right
over 100000 per annnm. In other words we are pay
lese Of catching less than 100000 worth fish Such
is outline OF the facts OF the case aud the nius
with the respect due To ali subjects involving nterna
THE AWARD NOT BINDING.
The question as the binding force OF the award n
naturally and necessarily Of the gravest Interest not
only on account large amount involved but on sc
OF the very peculiar circumstances under which
the decision against was reached. Whether should
pay 1t Is very important question in all It's bearings
termined. The award signed only by Sir Aexander
Calf, the British Commissioner and BY NJ. Deiosse.
| The American Commissioner, Mr. Kellogg, refused IN
sign IL. and affirmed ms dissent In writing, declaring 10
be his deliberate opinion that the advantages aeeins
under the treaty greater than oss
| conferred the United states;' and lie further de.
he deemed IL his duty To state that Il
questionable whether II is competent for the board n
make award under the treaty except with the unani.
NOUS consent OF oil the arbitrators."
Mr. Dwight Foster, the agent Of our Government,
stated that he had no Instructions as to what be
not keep silent ami give ground for the
inference that our Government would consider
that objections the validity OF the award tie
result Of aftcrhought, but incorporated patot
which Mr. Kellogg questioned the competency OF twod
the arbitrator To make an award il that found IN all the
/ ntr,I ..rfffn rnf lle in
tho Treaty OF Washington creating the Halifax
Board OF Arbitration gave no authority to
nor is the third Commissioner empowered to act az
Claims Commission at Washington, II was expressly
stipulated that majority OF the arbtra;ors should
decide. In the Halifax Commission no such stipulation
made aud the inference. therefore. is strong, not
irresistible, that their award should De made according
upon English authority, may be briefly stated Mr..
Redman Arbitration and Awards" considered one
OF the highest authorities IN England. says;
on reference several arbratOrs with provision that
less than all shall make an award each must act and a must
the presence OF ALL and the award must b. signed by ALL a
the same tlInc
Francis Russell, another English authority Of emit.
neiIce, says:
on reference the several sr0.irators together when
all being each them act personally IN the per
tor Tor n, The Once ~ Joint II ohe refuse OF omit to act tho
other. can maze no valid award; ,.,,. .,,,.
writeI-enforces the same doctrine. Aitr aludns
to Che Roman IA" an 70 ~ pEs91on loF nae nS
statement:
In this respect IN. cav Of England somewha, different
for unless be expressly proyaea u the submission hat
Ss qu Rs ,ean al t Of AZ h. nn"ea may tho
these eminent EnglisSulhorties are TO be accepted
it quite apparent that tr Halifax award has no bind
Ing in law Whatever As 10 the equity OF the case
have already given the uudeniaOle facts that II.
The DLsIRUCION OF GREAT INTEREST THREAT
EYED.
/ am discussing. much less prcsuming TO de-
hne the action which our Government should ultimately
take regarding the award. II we should follow what
believe would be the inevitable OF Great Britain.
under similar circumstances, should utterly refuse 20
pay single penny, and ground refusal both tho
and the equity ef the The treaty as IL stands
mockery Of Justice. and Will work the destruction u
great American interest II f.. in fact nothing ESQ
than asking Us to pay million OF dollars per aDnum 10
Britain for destroying the great fishery interest Of
America, aud still further Gripping aud weakening
as commercial power For the utter abrogation OF tAs
treaty should toe willing to pay the annual Indemnity
for the years during which We have used the nshoro
fisheries during which years the Canadians have had free
access the markets OF ~ 100000. Or would be Will
lag to pay double the awaed be rid VI the We
misht by this course anticipate by period OF seven
years return to that policy which alone can insure TIC
prosperity even save the lie OF great aud hn-
pornt trade, ndissoiuby associated with our CONNER.
cal development aud absolutely essential 10 our succs
and p.eslsc as naval power; aud paylas thus even IN
have used them, remove ali possible ground Tor
pudtCn by the ignorant and the hostile. upon Zoe
honor OF our Government and the good fih aad far
dealing Of Our people. Mncn We were poor and weak $
"a nation, we so hghiy esteemed the value OF the ash.
escs that encouraged their deye opmcut by
aud DOuntes. Ih-sC were abandoned years ago. bGt
still We preserved to our isheImen a preIereace
away by tho provisions OF tue treaty; aud
II and continue the treaty. We pay Great Britain
million OF dollars per GuEum FOR destroy ing school "
rival IN the future Against such a policy eater my
emphatic protest II stand alone believe that tle
products % American industry ON land and sea should
have iho first and best cnance IN American markes.
believe The American fisherman should be preferred 10y
Us TO the Cihauln haheihan ana II We cannot pas I'm
bounty 10 encourage AM sustain hlin let IA, al least
not pay bounty to GleatBrian to destroy hiu.
THE RESOLUTION AGREED TO.
lIr. PLUMB (Rep.. kanJ sent the Clerks desk aud
Britsh Government ana the Provinces called Idy,p.
tho money, II paid, would not be for any adyauIa-.
gained by our fishermen, hut TO maintain the NagOul
Mr.. DAWES Repp MassJ said the fishermen
OF Massachusetts,, we'll those Of Maine.
while tuey did not express an opinion or ca.
deayor to influence congress IN regard 10 the
part o this money 10 DC paid for any adylnaso
gained for them. lie agreed with the senator frun
Name and the correspondent Of the senator r m KAN
sdS, that the advantages gained by the BRUSH Govern.
ment and the Canadian Provinces far exceeded any
gained ny our hsncin lv 1t might be boss 10 pas 90
award but II should be understood that We sdncd no'
Mr.. HAMIIy Rep.. Me- said he did not oppose the
resolution Al The proper time the resut 81 the Flscy
o.nlssioh Mou1 IA, oe w. % 20 - M'I
agreed with his colleague tir Biaiuri that gOt no
ment demanded that We maintain the Obligation
imposed upon rs. lie dad not desire ANY pre-.
Judgment OF the duty of the When
time came 10 appropriate the money, Senators must
remember the arbitrator lnny taken by assent
OF Government, and the national honor demanded
that all requirements shOuld bc met.
blr. BLAINE said he agreed with his colleague, but he
Thought that merit would BE- greater should step
forward aud pay hye anu half millions for which No
got nothing
Mr.. Blaine's resolution was II b. agreed TO.
LIQUOR TRAFFIC COMMISSION.
Mr. MORRILL, (Rep. VII oahed up the Senate bill 10
provide for Commission the subject o. tho
alcoholic liquor traffic. IL authorizes the President