The New York herald., 1878-10-21

not have lss effect upon the rcssltf The 'imparsial
arbslrator mg very we'll imagine that he could not
tar s" p Ss one ne e.t sna ~.
OF the other Whatever, therefore, sweled the claim
swelled the award. And SO We get glimpse at the
manner which the very surprising award oil
SIS, 500 900 arrived II.
such Is the British case. To stis and digest the
mass OF evidence offered in support OF u, or that
which the United States introduced on It's behalf,
would weary me reader; nor coaid we within brief
compass do justice 10 the able answer OF the agent
OF the United states the admirable arguments OF
the COUNSEL both sides suffice II 10 say. that
however the majority OF Inc commission reached
tns decision they made. II cannot DO 10 be duo
any deficiency In the presentment OF the case OF
the United States by its sgout aud counsel
But the commission, which was duly constituted
accoring to previous treaty. have made their award
There is appeal 10 us. The public Wc cannot rs-
verse 1t. But can individuals, have our opinioa
about it, and in oruer to satisfy ourselves what that
opinion should be let US look at the question AZ one
still open.
WHAT rKoM GREAT BRIrAIS9
Admitting that II be necessary or equitable Or pol
tito to make 10 Great Britain compensation Tor the
possible encroacnment by Americans upon fishing
territory claimed be hers. by what method Gan we
ton should Der What is there In history in Dus-
ness offers the nearly parallel precedent
criterion by winch TO determine the nature o. tnst 20
compensatory TO answer this question We have hrst
70 mako clear TO ourselves what II ,s that Great
Britain gives u.s. Not fish, certainly, either bafreled
or saited or even fesn ior We must catch them our
selves. Nor Great Britain claim 10 own even tho
Ash we may catch. lor II the same hsh chanced TO De
some distance iurther from the shore she could make
no claim them All that Great Britain claims TO own
is the rignt TO exclude outsiders from coming
10 nsh within certain limu-thIse miles
from the shore. And this right IL Is which
,ne Treaty shs sa ayss ,bs as
do not know," says Mr., Dana, In his argument for
the United States, what 10 iiken y TO- II certainly
DO compared at all 10 lease. because the
lessor furnishes everything that the lease requires
But wtn this grant thers goes nothing Visible or
rather in the water "Wha,.n continues Mr. Dana
rs u lkei Is II Ike the value Of privilege 20
be lawsuits, but II IS not sure viii always
be DackereL Suilors, irrtated men, may be meshed
cast out; bnt II does follow that tho mackcrel
can be- Un the contrary, they are SO shrewd and so
sharp that our fishermen toll US tnat they canno! use
within tner sight that they will escape from
IT, But the lawyer Is SO confident In the eagarness oi
the ciient or lawsuit that, instead OF conceaiins
himsc and taking him unawares, no advertises HIM
self and u sign OF his place OF busIness"-(Argu.
ment d Hon R. i. D ma, IT,, p l.eaolj
NOW whether II be to practice law or for whatever
else, Is It not clearly license that the privilege
granted by Great Britain TO the Unied States under
the treaty OF 1871 more nearly Resembles than any
thi.g else A Incense IS the permission granted by
authority do q certain aot VI thing which II
is CLAIMED ~ such authority cannot be done witnout
PERMISSION. Does il not follow that the compensa-
ion to te made Tor this privilege would naturally be
OF tho character and degree pertaining 10 licenses--
e. In the form Oil license fee pay able by tue pcr
enjoys the privilegey But since In this case
the authority granting the license Is OF one nation
aud whom IL Is granted OF another. IL seems
wise that tho government Of the latter should step ID
and, avoid conf plicatons which might arise out OF
u
power, offer TO assume on behalf OF It's citizens The
payment OF wnat should be found TO be The
OF the license lees payable w them,
and because tho government thu to pay the
gross amount instead o its being individually COL
ectcd, is ainly reason why the total compsn-
should be greater than II separately collected
but rather II anything tho reverse. Now We have
that Great Britsiu claims that ], 900 American
vessels avail themselves OF ner privilege We have
that when that govsfnment Itself adopted the
policy OF compensnting itself By hcenscs II volun-
tary liked as the maximum price OF such license the
sum OF 81 per ton; that the average tonnage oil tho
900 vessels would certainly not exceed sixty tons
that the average license Tee, therefore, would be $780,
which 900 vessels would yield annually $40, ,U0O
and for twelve years would yield 81, 4I0, 0c0.
Gould we more. nearly approximate to wnat we
scekng-a just compensation 10 Great Britain tor the
participation ny Americans In ber fishing privileges
for the period Of Twelve than Is thus at
But against this amount Of 81, $4,000 we have 10
down the side oil America sum OF the duties
rcnq her Tor twelve years upon sh ports
from Canada sum which We havo seen to exceed
So 0O0 and tberc Is also be down the value
whatever u may be, Of the nshing privilege conceded
by America to Canada.
After king these deductions there will remain the
sum which commission Halifax instituted to
ascertain, " Il existed, as due IRON the United States
Great Britain, ana which the British Com
and the Umpire found TO be $500, ,000