The New York herald., 1878-11-11

government the award OF the Halifax Fisheries
Commission. 1t viii be noticed that it preceded by
enc day Mr. Evarts' letter the Fortune Bay fishing
troubles already published and with which it should
not be confounded--
MR. EyARrs TO MR. WELSH.
DEPARTMENT STATE !
WASHINGTON, Sept. ~, 1873.
STR am directed by the President to present 10
the attention of Her Majesys government the senti
ments OF this government respecting the result OF the
deliberations of the Commission lately sitting at Hall
S on 81 b n1 IN 70
relating to the fisheries 1t is the purpose Of the
present communication to put you fully in possession
of these sentiments, that You may irnpart them 10
Lord Salisbury with the same frankness that they
disclosed to yourself.
1t matter of sincere regret to the President that
the actual result Of the deliberations of this Commits
sion has been such to require from this govern
Inent the course Of observation upon the same which
it becomes my duty submit to the consideration of
Her Majesty's government. For of para
mount iInportance TO the interests Of the two conn
tries in their future treatment of the subject of the
fisheries candid statement of the views OF this gov
ernment 70 the position in which the action Of the
Commission has placed those interests is due alike to
the British government and ourselves. Nor
are these views expressive only Of the senti-
ments of the Executive Department of the
Government Upon the papers being laid before Con-
eress, for its necessary action upon the question of
making an appropriation from the Treasury
what should to be the proper obligations of the
government under the treaty, Congress, with great
unanimity, concurred with the Executive in the
opinion that the attention of the British
should be invited to the subject Of the award,
looked upon by this government in advance of the
final action of the Executive reference it's pay
ment. Accordingly. the sum appropriated by Con-
gress to meet the award is. by the Appro-
priation act. placed under the direction of the
President the United States with which to pay the
government of Her Britannia Majesty the amount
swarded by the Fisheries ComInission lately assem-
bed at Halifax. in pursuance of the Treaty Wash
ngton, IT, after correspondence with the British gov
srnment on the subject OF the conformity OF the
tward to the requirements of the treaty, and to the
of the question thereby submitted to the Com
mission the President shall deem il his duty make
the payment without further communication with
Congress-
IMPORTANCE OF An UNDERSTANDING
The occasion for this correspondence with the
British government the great importance
OF reaching complete and explicit understanding be-
the sward made by the Commission to the terms OF
the Treaty OF Washington. by which its authority and
jurisdiction are communicated and defined. II the
award in respect of the fisheries had relation
only to the sum of the payment involved con-
siderable that Is this government might prefer
waive any discussion which could affect continuing
and permanent interest Of the two countries ana
would therefore comprehend only such considerations
ss would touch the principles clements of compu-
tstion applied by the Commission in arriving at a
pucuniary amount. the payment Of which carried
consequences. II is true even in such case the in
dsputable right Of the parties TO arbitration pub
lie or private TO examine award in respect OF its
covering only the very matter submitted should
be too readily reiinquished from repugnance
70 question result which, at least II undis-
turbed the good purpose Of closing the con-
troversy. IL the benevolent method OF arbitration
between nations is 20 commend itself . discreet
and practical disposition of international disputes
n
tegrty Of the transaction. in the essential point OF
the awards. observing the limits of the submission.
Bnt this government Is not At liberty to treat the
fisheries award Of this limited interest and operation
the relations Of the two countries to the important
permanent and difficult contention the subject
OF the fisheries which, for sixty years has, ut inter
vals pressed itself upon the attention Of the two
governments and disquieted their people. The tenn
porary arrangement of the fisheries by the Treaty
Washington Is terminable at the pleasure OF either
party, in less than years from now. The fish
cries award upon such termination OF the treaty ar
ed ifs orre
~ compensation for supposed equivalent
and terminated privilege IL this government
by silent ayment OF the award should to have
recognized the principle upon which il proceeds
lhey may then be assumed asserted by Her Majee-
tvs government, u will at once have prejndiced ifs
rights, when ID shall become necessary insist
upon them. and seem to have concealed dssemblsd
its objections To the award when Great Britain
entitled 70 an immediste and open svowsl of them.
Upon these considerations the President and Congress
ave nSs 'na scn.ents o' tn's eovernment
respecting the fisheries award should be set before
Her Majesty's government. 20 the end that full in
terchange OF views, in friendly spirit between the
two governments should leave no uncertainty AZ To-
The degree of concurrence Of difference in their
respective estimates Of this transaction.
II greatly to be regretted that the protocols OF the
commission make record OF the steps by which
The majority reached the conclusion which they an
nounced a. the award Of the commission. and tho
dissenting Commissioner ON the other hand, arrived
at widely different result Had the record
disclosed the methods OF reasoning. or the
processes os calculation respecting either OF
the privileges which, under the submission Of
the treaty. TO be measured and compared
tions reached. the task of exposing the
and extent in which. in the opinion OF the govern
ment, the award transcends the submission of the
treaty would be much simpler. Indeed, In the view
which this government takes of the narrow and
sion by the treaty, and OF tho indisputable re-
suit OF the evidence pertinent thereto, there
seems little reason 70 doubt that. II
Of computation by which the two concurring Com
missoners made up their Judgment they would in.
evitably disclose the nirmity of the actual award
and make any careful demonstration of the
superfuous.
ouEsrIos nEroRE Tur HALIFAX COMMISSION.
desire that you will call Lord Salisbury at
tention To the nature OF the question submitted to the
Halifax Commission, a. adjusted through the diplo-
matte conferences Of the Joint High Commission and
expressed in the treaty In the place the United
stsses in the fishery articles of the Treaty wash
ngton did not intend ~ and did not waive curai
In the least the construction OF the fishery appr
enAnt privileges accorded in the first article
than, and actually possessed and enjoyed
by them under such claim, at and before
the negotiation Of the Treaty of Washington Neither
The protocols OF the conferences Of the Joint High
Commissioners nor the text Of the treaty negotiated
depreciation Of the Halifax Commission the degree Of
privilege accorded 10 the United STATES by the
vcntion OF 1915 On the other hand manifest from
the instructions 30 Her Msjesty's High Commission
ers ~ well from the protocols ~ the conferences
that . settlement of the disputed Interpretation of
the Convention Of 1915 contemplated posi-
Bile only by the diplomatic deliberations uf the
Joint High Commission and such conclusions
thereon as they might ma - ~ ,ner poTef t. I" el
however they did not undertake. but provided only
for . temporary possessory privilege th4t shouia
supersede, during It's continuance any determination
of such disputed Interpretation. In this disposition
of the subject II would quite beyond the scope
Of the Jurisdiction of the Halifax Commission ~ in
rlude in any Of the additional privilege ~
corded to the United states by article ANIii OF the
Treaty Of Wasln ton any contribution Tor tue enjoy.
of ths pr ge accorded 10 the United states by
the Convention ISIS. claimed and actually pos
sesscd By them ., the time Of the negotiation q the
Treaty Of Washington. reference to document No.
15. filed with the Halifax Commission, In support OF