Year: 1878

the OF Her Britannia Msiestys government. and
found at page 23s of the Congressional publication OF
the proceedings Of the Halifax Commission. will sub
stantiate this proposition.


do not regard this point Of serious Importance in
the exposition Of the subject except that desire 10
preclude in behalf of the United States any mplica-
hon or argument hereafter to be drawn from my
passing over, without criticism this possible element
in the admeasurelnent OF the award. The United
states still maintains its Interpretation OF tho
privilege secured by the Convention OF ISIS,
and protests against any implication from the
magnitude Of the award of the Halifax Com
mission, otherwise from its proceedings under the
Treaty Of Washington, that the United States have
sanctioned, acquiesced in by the men OF that
award would sanction acquiesce in, any lesser
under the Convention of lsls than. is well known
to Her Majestys government. they have always m
sisted upon


In the next place the United States did not submit
to the Halifax Commission under the fishery articles
OF the Treaty of Washington. any valuation OF any
general economic political advantages which grow
out of access to fishing grounds for the development
OF mercantile naval marine. and which, therefore,
II might be argued would be enhanced by adding the
of the inshore fisheries of the Gulf OF st. Law
to the fields for that enterprise from the earliest
period, open to and occupied by the bold and
hardy Of this country. Still less did
the United States submit to that commission pecu
mary measurement of the removal Of occasions of
strife between the fishermen, or misunderstanding
between the governments Of the two countries by
the temporary obliteration of restrictive line divd
ing the nshore from the deep fisheries portions
the coast of British North America Both of these
subjects are considerations, governmental in their
nature, suitable to be entertained with many Others
in the diplomatic negotiations which ended in
the treaty. They are neither of them computable
in money. That which relates to the maintenance OF
good understanding and good neighborhood between
the United States and the British North American
provinces can, least of all things be admitted
estimable element in a pecuniary computation. The
Importance OF such maintenance OF good understand
ing and good Deighborhood the United States will
undervaue In this interest large fiscal conces
sions made by the United States in the adjust
ments of the Treaty of Washington. After such
the guperadded submission to
the Halifax Commission of the question of equaliz
ing. by pecuniary measure, those concessions with
supposed equivalent concessions by Her Majestys
government, was entertained and agreed to by the
United States mainly. not entirely in the disposi
ton to meet any Just interest Of the British North
american provinces to be assured of the equality of
these intended equivalents. But the maintenance
OF these good relations Is OF common interest TO
the two countries, and can never be made
the occasion OF pecuniary tribute as OF
more Importance to one than to the other.
No such calculation entered into the enlightened
and conciliatory motives which animated and shaped
the important series of negotiations which produced
the Treaty OF Washington. In the definition OF what
ever un2djusted computation referred, for pecu-
mary settlement to the Halifax Commission care WAS
taken 70 indlude nothing which. suitably 70 the
scale Of industrial and commercial profits. II these
plain considerations shall be viewed in this light by
Her Msjestys government, it is hoped that concur
opinion as to the nature OF the question &C.
tuslly submitted to pecuniary measure by lhe Hall
fax Commission may be easily reached


FIsHERIEs QUESTION IN THE PAST


1t cannot he very material to recall Lord Salisbnrys
attention to the historical attitude of the two govern
mens toward the subject in contention as to the Ash
cries by any present exposition of the matter The
sources of knowledge this subject are common to
the public cognizance of the two governments. Our
diplomatic intercourse has unfolded the views of
cessive Briti3h and American cabinets upon the con-
ficting claims Of mere right, on the one side and
the other. and at the time evinced on
both sides an amicable preference for praclca
and peaceful enjoyment Of the fisheries compatibly
with common interest, rather than a sacrifice of
such common interest to purpose of insisting upon
81 right a n both sides. of what
each the advantage sought by the contention. In
this disposition the two countries have inclined
and more to retire from irreconcilable disputaons
to the true intent covered by the somewhat care
less and. certainly, incomplete text OF the Con-
elements Of profits and prosperity in the
fisheries themselves, which alone, to the one side
the other made the shares Of their respective partc
patton therein worthy OF dispute This sensible and
friendly view OF the matter in dispute was greatly
assisted by the experience Of the provincial
oymsnt Of the asberes without attention to
any line of demarcation. but with
certain distribution Of industrial and economical
common enjoyment The form of this experience was
First for the period OF twelve years under
United States and those Provinces; and. second for
br;efr period after the termination of the Reciprocity
Treaty, under aystem Of licenses which obliterated
the line of circumscription to our fishing fleet,
upon the payment Of fees deemed adequate by the
provincial governments.


THE TREATY OF WASHINGTON


In this disposition and with this experience the
gotations Of the Treaty Washington taken mp
and produced the fishery articles OF that comprehen
sive treaty The results of this experience and the
influence of this disposition plainly marked the
pertinent protocols and in the text Of the
articles. At the outset il apparent that neither
confirmation rectiicaton of the old sea line
of exclusion the adoption of had
place IN the counsels purposes Of Her Majestys
government or in the interests or objects of Her
Msjesty's provincial subjects. II had become thor
oughy understood that the line of the Convention of
1918 had become inapplicable and in some respects
insufferabl@ the The m N kerr
which. always An inshore well deep fish of
coasts At the date Of the Convention Of 1s1s and
for twenty years after, as an object OF pursuit to
fishermen, confined to the coast
of tho United States. and that fishery substan-
vincial waters Either change Of habits in the fish
or an extension of the enterprise of our fishermen
had opened mp the msckerel fishery OF the Gulf or
St Lawrence 70 our pursuit The gradual increase of
the fishing coast population of the Provinces had
supplied the fishermen and excited the local
interest foi the prosecution from the shore.
the base Of its operations. of the indus
try of inshore mackerel fishing. Upon the
renee OF these circunstantial changes it natural
enough for the coast population and the public
OF the Provinces to conclude that the territorial
authority which. under the Convention Of 1S1s gave
to the Provinces the monopoly Of the nshore mackere
fishery only needed to be insisted upon. by vigorous
exclusion of our fishermen. to be fruitful Of great
local prosperity. These calculations dssp-
pointed II was soon found that the Provinces them
selves were comparatively valuee~s market for
mackerel aud that the quality Of the sb. respects
,as rn ,s o. ,'s Tor excluded





to the product 81 the cod sberies. The market
of the United Sta&es essential to the local pros
pcrty NJ the inshore machere nshermen of the Prov
inces. The political control of that market by the
United States quite overreached the provincial control
of the inshorc fishing grounds. Fish that cannot find
market will not long be- pursued for gain, and
the fishing coast population, and the statesmen
OF the Provinces alike saw that participation in the
mackerel market of the United States the ndis-
pensable condition of prosperity to their inshore
fishery. Experience confirmed the logic Of this re&
soning While the reciprocity treaty endured, settle
Elements throve and wealth increased When 1t was
Withdrawn population shrank and wealth declined,
and. bat for the hope % ts renewal destruction of
this industry seemed imminent.


Upon the other hand the mackercl fishermen of the
United States felt that participation in the Dshore Ash
cries Of the Gulf OF st. Lawrence equivalent fora
surrender Of mackcre market 70 the participation
of the inshore fishermen of the provinces. They
Justly reasoned that this arrangement In respect Of
the msckere catch within the line instead Of placing
the provincial fishing industry upon
equal footing with ours, really put
at quite disadvantage. Ordinarily homo
products have certain measure of advantage over
duty free competing imports In freight. ocean or in