The New York herald., 1878-03-12
THE FISHERY AWARD.


THE FISHERY AWARD.
MEssIs DANA AND FOSTER, OF COUNSEL Yol
TO talk ON THE MArrER-oUR GOVERN.
MENT HAMPERED By A oNE-sIDED TREATY.
BosroN, March 10, 1873.
The announcement that the fishery controversy
would come up in tho Senate soon, and that Mr..
Blaine mad decided TO speech In opposition ia
the payment OF the 500 600 awarded by the HALIFAX
Commission compensation for tho privilege Of nsh-
ing within limits along the shores
OF the Dominion OF Canada and other provinces under
the control Of the British Crown, has added fresh
stimulus 10 the already strong feeling OF hostility
which exists along the coasts OF Massach usets and
Maine against tho fishermen of Newfoundland. In Q
previous letter gave voice TO plants which
made to me by prominent gentlemen OF Glouces.
ter, that tho American side at disadvantage In
presenting their case 10 the JOINT Commission. The
assigned First, that tho commissions
sat at Halifax IL was rather difficult got men "a
far to give their testimony and that Nd
afidavits are generally OF little weight before court
the most valuable evidence our side was mover
submitted. Second, that tho commission sat
At season OF the year when a large
majority OF the operative fishermen wcro
on their vessels at sea, where thcy could be
reached. Tnrd That Mr.. Delfosse, The president OF
award 10 Great britain IN fact. have been informed
by gentleman wno was IN II H,liiux during q ortiou
OF tho Of the Court OF Arbitration before
ever word OF evidence was put IN the President had
about made up his mind that England should get In
the ncghborhood OF S. 000 Whether thcre 10 any
truth Ia this statementand am inclined to the belief
that NO high minded gentleman would thus prejudgG
cause In the decision OF which no WAS 10 bo guided
by tho volume and force OF the evidence, yog there
still remains Ieeing that we were not fairly treated
Hon. T. H. Dana Jr. one OF tue counsel for the
United States government evidently did not feel that
he was laboring under any disadvantages, however,
for in his closing argument he expressly states that
no advantage on osbor sido 'CortainIy,'' he ss,a.
''in the discharge OF respective duties this
high occasion. We met under most favorable aus.
plces. Our tribunal Is one OF selection. Tho
two parties TO tho question, Grsat Britain
and the United States of America have each cnosen
It's reprcsen tativc upon tho Board ana, as to tho
President and umpire the tribunal whie tho treaty
Obliged u.s. by reason OF tue lapse OF time to reIes
tho appointment 10 the representative of foreizu
Power nj London, vet IL Is well known tnat the ap
poin,mcnt was made IN conformity with the expressed
wish OF those govern ments, lound, for head
OF this Court with character elevated and ae-
complshments so rare that they had NO difficulty in
along In his argument, he recognized the
nnaiity Of tho Courts decision and ils
binding quality on the two governments. He said:-
sI nave 10 Instructions from my country gentlemen
oil the comm ssion, and no expectation from gov.
srnmea. ina. VIII attempt 70 1eprecats the value OF
ike the buyer In the Scripture. saying, 1t Is nought
it is nousht;' Out we have referred 70 comm lssIon
which will stand neutral aud impartial, to
determine for US; aud no proclamation of
opinion, however loud, will have any eject
upon that commission. Ny country stands ready TO
pay anythins that this commission may say i ought
10 pay as have no doubt Grcat Britain stands con-
tent II you shall De obliged 10 say, what think In
our own juds sment you should say, that you cannot
in this extension, along the Irpges OF great gar
ment oil our rgnt nsh over portions Of lns region
Anything when equals the money value that the
British Dominion aud provinces certainly receive
from an oogauon on our par, 10 lay no duios what.
upen their importations OF nsh and hsh oil"
DECLINES TALK
called upon Mr.. Dana yesterday to ascertain, II
present time, and what. II any we're the grounds NJ
he understood them. for tho growing disposition Ia
certain quarters avoid the responsibility put upcr
our government by the finding OF the HALIFAX Com
mission Mr. Dana received me cordially and chattcc
pleasantly the subject, but refused to allow him
self to bo quoted on the future OF tho case 'sYou
can SOC, SIR he said, that my position In the
matter is one of extreme doiicacy. was
counsel for tho government, and regard II to DO
highly improper Tor mo at this time TO express an
opinion the justice OF the decision the oDga-
tons OF tho governmeEL There are certain relations
between client and counsel which OF the most
sacred character, and 10 violate that sacredncss
would he breach OF professional etiquette well "a
q breach OF confidence aud trust. During a pro.
traccd conversation on tho nature OF The treaty and
the lorna ION OF the commission Mr. Dana expressed
himself freely, aud am privileged 10 say that no
con icsses that the Americans went into The
versy handicapped with what seemed 10 him some
very disadvantagcous circumstances.
UNEQUAL BARGAIN
For instance tho Treaty OF Washington, tho por-
tion OF 1t that bears Directly on this point, 10 20
worded that IL leaves no room for counter claim Tor
compensation for privileges granted to fishermen be-
states opens her ports and markets TO these nshcr
men, throws on duties OF 81 and 81 per barrel ON
certain classes oil nsh and hall cent u pound on
others. Ins Is positive grant OF positive amount.
Canada gives our fishermen leave to sh Ia the
aud bays OF the Dominion, with chance 10
catch nsb. Sho does not guarantee 0sh,
or any quantity OF FISH, but allows a certain
indefinite hbcrty to DO used II u Is required The
commission was directed 10 hnd out how much this
privilege was worth N money. And yeti Is stated
In tho treaty mat the United States does admit
the claims oil Her MaJestys subjects 10 pccuniary
damages or pecuniary compensation. But no claim
ma Tor compensation from Great Britain for
privileges accord TO the suoJects OF that nation.
so II resolves itself into this:-Ihat Great Britain
puts In claim the leading lawyers OF tho United
States beIievc that We not only 10 not any
money, but that Great Britain owes us; yet went
into controversy unable 10 make any claim
only prepared 10 resist the claims OF the other party.
1t amounts to an admission on our part that we
ing aud only want 10 cut down the amount
low as possible. RUS Mr. Dana believed 10 operate
against the managers oi the American case. They
IN virtually admitting LIABILITY, but practically
holding that the liability on the other SIDE. Botn
he Judge Foster submitted 10 the commission, and
the documents arc ned, their aim as to tho juds-
ment which was that The pecuniary balance was
wrongfully placed.
JUDGE FOSTERS OPINION
made call on Judge Dwight Foster, nj bis ONCE
but found him unwilling to express any views or
opinions ON the controversy. IL have my oplnions
and some stroBg ones SAID Mr. Foster land ne said
this with an emphasis that left no doubt as to tho
ture OF his scntimentsL 'but | do not feel called
upon TO express them Just now. Ny position as
agent oil the Unued states and counsel debars mo
from at present sayIDg anything When the proper
time comes, that N when the President has taken
some dennitc position on this matter. may have
come opinon 10 oncr, hut unt tnen must iocnc.''
large piie OF tue oiicial documents OF tho CON.
mission, IN wrappers was Dotceabc on the table 10
the Judgc's room, ana II is evident that there is
lively demand Just now Tor all sorts OF iniormat,on
relative TO this voxcd question.