The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-03

finished work is always o serious item In the
final cost 81 great engineering undertakings.
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IL the Halifax Award Exorbitants
"The sober second thought is bringing
our public men to substantial unanimity as
to the duty of paying the fisheries award in
strict accordance with the terms Of the
treaty. It is more and more felt that this is
the only course consistent with national
honor, especially since the true history OF
the appointment Of the third commissioners
has been brought to the public knowledge
and the inexcusable Misrepresentation on
that head have been exposed. We are to
pay in any event, whether the award is ex-
cessive or not. Since the national good
faith is no longer exposed to question on
this subject we may now safely discuss the
equity Of the award.
President Woolsey who was tile first pub
licist of standing to criticise Senator Blaine
and strenuously to advocate the payment OF
the award. said that it was undoubtedly
"inordinate," although the national honor
is bound to accept it. Ex-Secrctary Fish
and many others besides Senator Blaine
have taken the same view as to its exor-
bitance. Let us examine this point in
spirit Of candor.
When we come to look into it this will be
found to be one of the most curious ques-
tons that could be submitted for discus
sion, owing to very remarkable incongru-
ity between certain provisions of the treaty.
Whether the award is excessive depends
on the length of time it is supposed
to cover. II it is for o period Of twelve
years it may be considered exorbitant; but
what if it covers a period Of thirty or
fifty or eighty years According to the
treaty the privilege may be terminated by
either party at the end OF twelve years, but
it may run on forever. The treaty is in
consistent in requiring the award to be "a
gross sum" while the period is indefinite
and elastic. gross sum would be proper
compensation for definite term OF years
but when the length of time is left uncer-
tain the compensation should be q fixed
annual sum, to be paid year by year
during the continuance Of the privilege
There being nothing in the treaty to pre-
vent the fisheries arrangement from being
perpetual it is impossible to say whether
the gross sum awarded is excessive or not
It may be extortionate If the arrangement
should be terminated at the end Of twelve
years, but moderate and equitable if notice
Of abrogation should not be given until
some time in the next century. 1t is easy
to understand the embarrassment that
may have been felt by the commission in
acting under o treaty SO loosely and incon-
gruously drawn. To award a just annual
payment during the continuance of the mr.
rangement would have been simple mat
ter. To have awarded lump sum for the
privilege in perpetuity would also have
been an easy matter. But to award
an equitable gross sum for nm elastic and
unknown period was o task beyond any hui
man sagacity. For aught that appears in
the treaty the privilege may run on forever;
and ii that should turn out to be the case a
compensation for only twelve years would
be unjust to Canada On the other hand,
the treaty may be terminated at the end of
twelve years; aud should that be the case an
award which contemplated longer period
would be unjust to the United States. All
this looseness and uncertainty ought to have
been avoided by explicit provisions of the
treaty.
The existing embarrassment might easily
be remedied by brief supplementary
treaty making the period perfectly fixed
and definite. An absolute lease Of the priv
ilege for period of ninety-nine years for
the gross sum awarded by the Halifax Com
mission would make the arrangement con-
sistent with itself and acceptable to the
United States. II the five and half mill
ions is too much or too little an equitable
sum might be agreed upon; but the length
of time as we'll as the amount of compensa-
ton ought to be perfectly definite Under
the present treaty We do not know what
length of time we are paying for. and have,
therefore, no basis for forming judgment
respecting the equity Of tho award.