New-York tribune., 1878-11-11

SION of our for the product of Provincial fish
cries thing essential 70 the prosperity OF those
sheries which could not be dispensed with or replaced
by any money purchase This commereiai edssntage st
nity of the negotiation, measurable In money III
seemed High Commissioners to exceed In value 10
the Provinces, IL uDquestODaby did III loss 10 u.s. any
reasonable estimate OF the value OF the privilege our
fishermen were 10 acquire This basis however, OF fee
Dom II the fsninggrounds 20 our fishermen ana tne
freedom O market to the fishermen OF the Pfovlnee
liz simplicity aud rational equiyalency pIeseHbea aursn %
which might well nave dispensed WIN any nice
calculation OF comparative pecunlary values Ill Inc Ca
change. -
Her Msiesty's High Commissioners, however, thought
that this exchange OF privileges even with the adhed
part of throwing open to the ProSl-
cal fishermen unrestricted participation IN the valuable
nshore fisheries of coasts above the thrtyninth
parallel left still claim for peeuniary make-Welsht
in the Provinces in the nature Of owey OF par
ton This led to constitution OF the Halifax Com
IN ssion TO consider and decide the single question
whether and how much the peculiarly measure Of the
new fishing privilege opened 10 tue United STATES hsher-
men exceeded the pecunary measure o. the new fishing
privilege opened the Provincial fishermen, and Of
tle possession OF market, free OF duty. Tor
all tie products of the Provincial fisheries.
This difference between the two pecunlary yalua-
TONS was in the nature OF the problem no less than
by the of the Treaty TO be expressed and paid III
money.
Upon the conclusion OF the labOrs OF the Halifax Com
nilsson ana the communication Of the concurring Jndg
ment Of the two Commissioners, awarding The sum oi
rs the amount TO be paid by the Unttd States
under the fishery articles OF the Treaty and the judg
neGt OF the dissenting Commissioner that no sun WhSt
ever was payable the United States under those ar
this result with authority impaired to the Conins'
bT the Treaty. ard 10 determine whether IL COIN
ported with. or transcribed, such authority.
1t will not, think. be questioned by Her MaJestys
Government that, upon the proofs and aIgumens, IN
te Commission the practical measure OF the concession
10 the United states, under Article XVIII OF the treaty
a al
fisheries of the Gulf of 81 Lawrence within the lhree
miles liue lnsead of being excluded hefefrom, Qs W
were under the Convention OF ISIS. Nor do antcate
that YOU will find any dissent on tue part Oi Loid has
bury from the proposition that tue proofs iuliy show
tai thr fishery thus opened 10 us was the macb-
erel fishery within that line While Doh Governments
regret that the sure foeing for concurrence o
views between thcm which might nave been furnished
by careful system OF protocols OF tue conferences oI
the Commission Is wanting yet the proofs on o0lh ses
leave this proposition IN no DOUBT Indeed snee une
respecting the Halifax Fisheries Commission mas dls-
closed the advces given from iime TO ul9e, 70 ne,
ana circumspect British agent IN attendance upon the
Commission of the developments OF the real subject Tor
vaiuatOn there seems no room for any dihercnce OF
views between the governments on this point Inus,
in his dispatch OF September 10, ISL presenting the
and before Inc opening OF he proofs on the part OF t1e
United States Mr.. Ford says: Tne micktrci fishery,
being that most extensively pursued by Americans in
pisn t n;Ietio1 was deyoted In giving too in the
same dispatch, the general Ieslts of any pecuniary
measure benefit 10 the United states fishermen from
The concession Article XVIII OF the Treaty. which the
completed British had presented ns basis for an
aWard, Mr. Ford makes II very apparent that the |
mpckerc each within tue threemIc line the only
item of apufecidble importance He says: Accord |
ing TO the evidence adduccd on the Brtsn side, 1t seems
tSkrn ON fbe British North American coast Is |
caught within the threcnile limit While, owing |
probably existence OF sandy shoals al some as
tance ron the shore catch OF this hsh in United
states waters. north OF the S9th parallel Of north
also upon he mere British proofs less distinctly eX-
cudes The cod fishery s an eelnenn od 'no
He SAYS: The cod fishery is pursued To Limited eN-
teul only By UEitcd States fisherman within British ter
utoIia waters ana TINS pUDaDy the case WIN maze
haddOcK, pollock etc" And, again The evidence Is
somowht vague TO th proportion OF goldfish taken
by Americans in British nshores, ana 1t does not prob
ably amount To anything considerable except on GER
tam portions OF the north shore OF the Gun OF st Law
renee"
Mr.. FOrds dispatch. upon survey Of the counter |
proofs of the United States which had Just been com
peted under date OF October 30, 1877 presents ltne
contention between the parties and as recognized by
both sides in the same light He says;
Seventy eight Witnesses IN ALL have been examined ard
2sO adaviIs ed The United states de and rs was THO
case ON lno 81 y sT 'A b T rrS a. a. ~ i,t he U0ed
hre sought establish the following salient
That the fishing grounds principally resoTted 70 by the
The banks situated outside tbe mi soG a. NE
coneiusion OF the Trtaiy of Washington.
Thai the fishing business - al he best an nnnrohtabe
vessels statistics has been put in evidence ~h
sEoTe sM re shees ea ardy be PuisHcd by tmted
citizens except at loss while those on he own shore yieid
g. remission Of duues Canadian hsh is great
mackerei is the United staies
In the same dispatch Mr. Ford IN certain Obserya-
tons Of his own upon the cOuntervahng force of the
proofs Of the United States. a whole, against the
British proofs as WHOLE shows that the valuation Of
the nshOre mackerel fishery Of the Gulf OF St. Lawrence
opened to our fishermen, the whole matter OF con-
tentlon before Commission in respect OF the con
ccssion Article XVIII of the Treaty. He remarksi
may however that IT has been cened
2y The s Br9S 10 m sac is9 ss Ie. goGn IN s p % S
Lawrence IS caught outside the threemie limit there
could be no dhhGnl IN P.S%Sing SoSete i % mIpr o
their successful trips had been made outside the limit oil
na US practically intact viz that without access TO The IN
oTes s TSSa S BE iIPSsa ae oT ,ai es 9Re IN e @ Of 81
Lawrence 10 be pursued with profitable results.
POWERS OF THE COMMISSION.
II seems to Government quite certain then that
upon correct EXPOSITION OF the submission Treaty.
and the cOucurrng action OF the two governments
in the production and application Of what they
deemed appropriate proofs, what the peeuniary value
of our participation In the inshOre mackeTel fishery OF
the Gulf OF St. Lawrence fairly estmabe at cOns
tuted the extreme limit Of any possible pecunary award
by the Halifax Commission against the United States
II upon any rational view OF the crern OF this value
before the commission the award OF the two concurrng
ComulissIoners OF S5.5OO,OOO twelve years pur-
chase OF the privilege be maintained, IL may De
fairly conceded that the mpuaon OF InYalidity 10 the
award for transcendng the submission Of the Treaty
will fail OF adequate demonstration. II, the other
hand the candid exploration OF the evidence shall show
that there exists rational proportion between this
award and the uuqucstionabe limits Of value which any
view of hc testimony must assign 10 the subject sub
ifIed for valuation by Treaty, correctly inter
preted then, by the very statement OF mo proposition
n Is demonstrated that the cOncurrng Commissioners
have passed their judgment OF valuation upon some
other snbiect than that defined IN Article XVIII o.
the Treaty, aud have transcended the submission T.
their decision. In such case, the aneccdeut authority
Unmarried 10 the Commission OF the two government
fails 70 Justify the award, and the subject OF the shes
remains at the aTbitrament Of the two governments
though perhaps eBghened, by the Is,
fti,cratjnns of tIe Halifax Commission. de
I'm nroccpdng apply the p:opOsed test of conformity
non-cOnfOrmty between the award hnd the suDnls-
sion diseaIm all right 20 trcnch upOn the range OF dis