The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-18
TO PAY OR NOT TO PAY?


LEADING OPINION IN MASSACHUSETTS, ON THE
HALIFAX AwARD-caARLEs FRANCIS ADAMS
AND Ex-JUDaE THOMAS WOULD HAVE 1T
HoNoRED "A DIssENTIENr vIEw-FEARs FOR
THE FUTURE OF INT. IRRATIONAL ARDIrRA-
TON.
Tho Boston Herald has obtained the opinions OF some
OF the leading citizens Massachusetts tho quos-
ton oil the moral legal aspects OF the indemnify
awarded py the arbitraiors who sat at Halifax for
privileges granted TO American fishermen In CANADIAN
wa.era In substance they are as follows:--
DISGUISED ADAMS
Mr. Charles Francis Adams, who represented the
United States ut the Geneva arbitration upon tho Ala
bama claims, said he was one OF the disguised Ones
"and he was so ashamed OF the conduct Of our gov.
upon all matters connected with the subject
OF international arbitration that he did not like 10
talk abouti This attempt to evade the payment Of
tho awarded by tue arbtraors as compen sation
TO the Dominion Canada for tho maritime rights
corded TO was OF piece with the action OF the gov
tration upon the Alabama claims There the losses Of
by tho depredations OF the Confederate
cruisers which had been fitted out In British ports
were fairly presented. Tho claims for compensation
were believed 10 be just ana honest. The iact that
they came .hsrs auy ssenacaen e
ers that the loss mad been incurred. The award was
made Of $15,5o0,000 to cover them ali. II
amount should be, but OF arithmelical calculation,
after an agreement py all what claims were to
be allowed, and 1t was shame and disgrace TO tho
nation that after these claims had been pressed upon
the commissioners and allowed in the award, the gov
eminent should open the matter again aud undertake
TO revise tho award aud say who should DO paid and
who not by other tribunals and withhold half the
money In regard 10 this award of tho Halifax Com.
mission there only one honorable course to pur-
sue, ana that was 10 pay 1.-THE question OF amount
had nothing to do wtnit II It was bad bargain II
late TO revise H. That question passed out OF
hands the moment the arbitrators were appointed
ana the government had expressed its satisfaction
with all oil Thorn. He said that TO him 1t was oil the
more source OF regret, as he believed great good
would result to the world from the establishment OF
the principle of terminating international disputes In
thai way He feared that with the example which our
country presented 10 the nations In the treatment OF
It's own c,tlzens who were denied the Sompensa!ions
the country to resist the payment OF the decree OF an
arbitration, to which all parties had agreed, upon
such miserable technicaltes aud subterfuges as had
recently been suggested many years would elapse be-
fore another attempt would be made by any nation to
submit any question OF International dispute TO this
enlightened, humane and Christian method Of settle-
men."
NATHANIEL 4. ATWOOD.
reporter OF the Herald called on Hon. Nathaniel
E. Atwood, in Provincetown, yesterday, aud he gave
his views the HALIFAX fishery award as io0ws:-
"In my opinion the award is an outrageous one.
tn,nk the evidence that came before the Commission
ers would warrant no such award as that. think
that without any award they have the best OF the bar
gain. by having tree access To our markets. where
they dispose OF their fish and other products to
the injury Of our own fishermen and the fishing In
tercst also think that the nshorc fishing IN the
waters OF the British Provinces has been OF value
TO tho United States fishermen since the fishery
clause OF tho Washington Treaty won't into effect In
1873. think 1t there was a duty imports from tho
Provinces II would benefit our fishermen, whose oc-
cupation is almost gonc Because OF tho market being
NOT Tor number OF years, been receiving any
money tor the time spent and the capital 10.
there is nothing done to protect our fishing
interest that It WILL in few years, die OUT that the
or 6nd some other employment. Take the item OF
mackerel tho fishermen IN the Provinces can 90 out
boats from the shore In the morning and return IN
The afternoon with full catch, requiring but littc
outlay for equipments or expense to carry ON the bus
ness All tue lat n,ackerei caught by them cannot
hnd market elsewhere and must 10 sold IN the United
States. To catch tue same KIND OF mackercl our nsh
ermen have their vessels oil from nifty to Two
hundred tons each, with provisions and supplies Tor
fun com plement OF men, causing an outlay OF thou
Of dollars and then the fish caught must come to
the market aud fnd II supplied by the subjects
Of otner country Tue item of fresh bait purchased
Ivy cod fishermen has been spoken OF as being
benefit 10 tue United States fishing interests when the
facts are the benefit the Provinces
Newfoundland, giving them employment and paying
them for KIND OF nsh, used for bait that before had
boon considered by them worthless, while
In nearly every instance vessels from TINS port in
particular and many from the other fishing ports
have nevcr caught fish enough with the fresh bait OBJ
tanned inshore pay for the time lost In leaving the
fishing grounds aud going into port TOR IT, the cost OF
unused While those vessels that nave remained on
the fishing grounds using such bait as could there be
obtained. have brought 10 better iares 10 shorter
who spont the best part OF tho fishing
son ator bait, the purchase OF which has been d.
rect benefit 10 the Inhabitants OF the Provinces and
newfoundland. ana q revenue TO their governments
from haFbor dues imposed These are plain facts,
and repeat can nothing to warrant thS award
that las been made" Mr.. Atwood thinks the United
States Com missioner did bis duty and well WHOM no
refused 10 sign or sanction the award.
W. BIRD.
Hon. Francis n. Bird said that he cared nothing
about the hairspltting theories Of pettfogging law
whether the decision should be BY unanimous vote
q majority. II the two governments Intended tho
decision should be made by unanimous vote they
could and should have said As they did say
So the construction should be put upon ~ which high
minded business mon would put upon reference be-
tween man aud man. few years ago we submitted
10 the Geneva tribunal our GAINS Tor the Alabama
depredations Specific damages 10 American citizens
were presented 10 The tribunal and were made the
basis OF the award The British government paid the
award, $l550O,0oo, without grulnbling and without
delay
Our government was bound by every consideration
justice and honor 10 pay every dollar OF that money
10 the individuals whose claims were recognized by
the tribunal. II VIC 10 not pay II TO thc, the nation
has right to claim It's own Every dollar that
net promptly paid to our own ctlzins should be
ply trustee for those citizens the stakeholder
wlo should appropriate 10 his own use moneys held
by him as such would DO hooted out OF every gam
Now take the FISHERY decision. With the fact behind
US OF the prompt payment by Great Britain OF tho
Alabama award we referred our fishery question 10
urbitration We have more Lhan a. 00O, 0U0 Of Eng.
lands money IN our hands which belongs 70 our oti
zens bnt which tribunals refuse to pay. Ii not
paid 10 them should pay II back to Great Britain
IL we will not do that II would seem that might
take $4,000 0O0 Of IL to pay an award TO the dominion
OF Canada, IN accordance with the decision OF q
tribunal 10 which submitted the whole question.
But we Maggie and bubble ana split hairs upon the
question whether We are bound by The decision 10
which commissioner disagreed.
The fact, however, that We have this balance left
IRON the Alabama award, uDJustiy withheld from
cizens does NOT affect obiis pay this
award. A great nation cannot AFFORD TO tribe thus
with its honor. The award should be paid, aud at
once, II II takes the last dollar IN the Treasury.
HENRY W. PAINE.
Hon. Henry w. Paine, the most eminent aud
most nonored OF tue members the legal profession
Ia Massacnu sets, OF wu0m the late Governor Andrew
remarked that his opinion upon point Of law was
worth than that OF tue whole Bench OF our
Supreme judicial Court SAID. IN substance, that he
was much ashamed ana greved that govern ment
did not walk UP manuiIy and accept tho result OF tho
arbitration IL did not become u great nation like
the United States 10 question the rgnt the wrong
the award like individuals IN petty court 1t was
understood by both nations that the decision ot the