Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1878-11-18
THE HALIFAX AWARD
The EaEiish View OF its Validity.
ns Expressed ny Lord salisbury.

WASHINGTON. Nov. l9.-Lord Sails
bury. in reply to Secretary Eyarts' dis
patch concerning the Halifax fishery
award. after recalling at considerable
length the circumstance which led to
tho organization OF the Commission.
and quoting the decision given by the
majority Of the Commissioners. says:
In the dispatch which has been CON-
inundated to her Majesty's government
Mr.. Evarts seeks to invalidate the award
upon the ground that in estimating the
claims Great Britain's Commissioners
must DO assumed to have taken into con-
sideration circumstances which the
treaty Of Washington had not referred
to them. There Is nothing upon the
face OF the award which gives any
tenance to the s%upposition that the
Commissioners travelled beyond the
limits assigned by the treaty. Mr..
Evarts estimates at a very high value
the profit which British fishermen have
derived from the opening Of the market
OF the United States. and concludes that
the sum fixed by the award Is so much
larger than these considerations would
have justified that the United States
Government can only explain its magni-
tude on the assumption that the Com
mission has mistaken tho question that
was referred to il. The argument Of
Mr.. Evarts amounts 10 n review OF the
award upon question OF fact. and the
pecuniary computation referred to them;
10 an argument against the validity
Of the award solely on the ground
that the conclusion arrived at by
the arbitrators on the very point
| referred to them IN erroneous.
Her Msiesty's Government can only nc
cept now, as on similar occasions they
have accepted before. the decision OF tho
Tribunal to which they have solemnly
and voluntarily submitted. At the
close Of his dispatch Mr.. Evarts calls
attention TO the fact that the award OF
| the Commission was not unanimous. and
that in the Treaty Of Washington no
stipulation was in this case made that
the decision Of a majority is to be bind
ing. The opinion that according to the
Treaty Of Washington. the Fishery Com
mission was incapable Of pronouncing
any decision unless its members were
unanimous, is one in which Her Ma
jesty's Government are unable to concur.
Il is not difficult to produce from text
books. even OF very recent date, u
thority for the doctrine that in lnterna.
tional arbitration the majority OF the
arbitrators binds the minority unless
the contrary is expressed. | am not
aware Of any authorities who. in respect
to international arbitration, could be
| quoted In q contrary sense. and 1t would
not be difficult TO show by reference
10 cases in American ~ well as in Eng
lish courts that tho same rule has
always been ~judieially applied in tho
case Of arbitrations OF n public nature.
The language aud stipulations OF the
treaty. so far as they are explicit upon
tho subject. point to a similar conclu-
sion. The suggestion that tho trainers
Of the treaty meant by their silence to
prescribe h mode Of proceeding which
before a tribunal thus constituted Is un-
exampled. can only be accepted on the
hypothesis that they were deliberately
preparing an insoluble controversy for
those by whom tho treaty was to be eS-
ecuted."
Lord Salisbury enters into a lengthy
argumen, in support Of his position and
concludes rs follows III a jury were
constituted on the principle that the
plaintiff should choose one-third and
the defendant another third, very few
persons would be found TO expose them
selves to the cost Of an action at law.
l. il conceivable that the two Govern
ments should have deliberately consti.
tuted a tribunal for this purpose in
which the decision could be wholly pre-.
vented by the dissent OF a member nomi.
mated by the party TO whom the prop
erty had passed Reciprocating cor
daily the courteous and friendly senti-
ments by which Mr.. Eyarts' language is
inspired. Her Majssty's Government
feel confident that the United States
Government will not. upon reflection.
see In the considerations which have
been advanced any sufficient reason for
treating as a nullity the decision to
which the majority Of tho Commission
have arrived. have, etc.,
SALISBURY.
IT. H.. Nr.l.L r., i