Year: 1878

tuition or the commission anu the Yalldlty OF
the award are discussed at length. Mr..
Evarts invites,a full expression of the views
of the British Government in the matter.
THE DOCUMENT IN FULL.


A CLOSE AND DIsPAssIoNATE DISCUSSION OF NAT
TER AFFECTING INTERESTS MORE FAR-REAcHIsG
THAN MIGHT AT FIRST BE SUPPOSED.


Secretary Evarts under date of September 27,
transmitted to Minister Welsh for the consideration
of the English Government his longlooked-for let
ter, stating at length the views held by the United
States Government concerning the result of the de-
liberations of the Halifax Commission. The fol-
lowing IS the document in full


Mr.. EvARTs TO MR.. WELSH.


DEPARTMENT OF STATE
WASHINGTON, Sept. 27, 1873 )


SIR am directed by the President to present 10 the
attention of HeTMaesys Governmentthe sentiments OF
this Government respecting the result OF the debera-
tOns Of the commission lately sitting at Halifax for the
determination Of the question submitted 1t uuder the
Articles OF the Treaty Of Washington relating TO the
Fisheries 1t the purpose Of the present communca


to put yOu fully in possession Of these sentiments
that you may impar them 10 Lord Salisbury with the
same fraukness that they are disclosed to yourself


Ilsa matter OF srcere regret to the President that


the actual result of the deliberations of this commission
hecn such to require from this Government the
of observation upon the same, which it becomes
my duty TO submit TO the consideration of Her Majesys
Government. For reasons OF paramount Importance 10
the interests OF the two countries, in their
future treatment OF the subject OF the fisheries,
candid statement OF the views Of this Government as TO
the position in which the action Of the Commission has
placed those interests is due alike to the British Gov
ernmen and ourselves Nor these views expressive
only of the sentiments OF the Executive Department OF
the Government. Upon the papers being laid before
Congress- for its necessary action upon the question OF
making an appropriation from the Treasury TO meet
/ rpf.1i sfao nf
Government under the Treaty, Congress, with great
unanimy concurred with the Executive in the opinion
the attention OF the British Government should be
invited TO the subject Of the award as looked upon by
this Government in advance OF the final action OF the
Executive in reference to its payment Accordingly,
the suapproprated by Congress TO meet the award s
by the appropriation act "paced under the direction
of the President OF United States with which to
the Government OF Her Britannia Majesty the amount
awarded by the Fisheries Commission, lately assembled
at Halifax pursuance Of the Treaty OF Washington, II,
after correspondence with the British Government on the
subject Of the conformity OF the award to the require
ments of the treaty, and to tha terms of the question
thereby submit ed 10 the commission, the President
shall It his dhy to make the payment without fur
ther communication with Congress-"


IMPORTANCE OF AN EXPLICIT UNDERSTANDING.


The occasion for this correspondence with the British
arises from the great Importance OF reach
ing complete and explicit understanding between tho
two governments tho conformity OF the award made
by the commission the Treaty ofWashing
ton by which its authority and Jurisdiction cOmmu
nicated and defined II the award IN respect OF the
Fisheries had relation only to the Of the payment
involved considerable that s this Government might
prefer to waive any discussion which could affect no
contlnui interests OF the two countries,
and would therefore, comprehend only such consdera
tions as would touch the principles or elements OF CON-
putation applied by the commission in arriving at pc
cuulary amount the payment OF which carried no con-
trup N q
able right OF the parties TO arbitration public pr
vate, to examine award in respect OF Its covering
only the matter submitted should not be too readily re-
linquished from mere repugnance to question result
which, ut least undIsturbed, the good purpose
OF closing the controversy II the benevolent method
OF arbitration between nations is to commend itself as
discreet and practical disposition Of international dts
putes it must be by maintenance OF the safety and
integrity OF transaction in the essential point OF the
awards observing the limits OF the submission.


But this Government is not at liberty TO treat the Fish
cries award "a Of this limited interest and
operation in the relations OF the two coun
tries TO the important permanent and difficult
contention on the subject Of the Fisheries,
which, for sixty years has at intervals. pressed se1
upon the attention OF the two governments and dis
ouieted their people. The temporary arrangement OF
the Fisheries by the Treaty of Washington erminabe,
a the pleasure OF either party in less than seven years
From, now The fisheries award, upon such termination
of the Treaty arrangements, will have exhausted its
force as compensation for supposed equivalent and
terminated privilege. II this Government by silent pay
ment OF the award should to have recognized the
principles upon which proceeds they then bo
assumed or asserted by Her Majesty's Government II
will at once have preiudiccd its rights, when it
sba becOme necessary to insist upon the and seem 10
have concealed dssembled its objections to the award
when Great Britain entitled 10 an immediate and
open avOwsl OF them.


Tnop these considerations the President aud Congress
L ~ IN I'm en-
respecting fisheries award should be set before Her
Government to the end that full interchange
OF views in friendly spirit between the two govern
ments should leave uncertainty as to the degree OF
concurrence Of difference in their respective estimates
of this transaction


It's greatly be regretted that the protocols o' the
Commission make no record Of the steps by which tho


majority reached the conclusion which they announced


s the award the Commission, and the dissenting Com
mssioner > on the other hand arrived at so widely dn
ferent result Had the record disclosed the methods


% raa.onino or the processes OF calculation respecting
either of the privileges which, under the submission Of
the Treaty, 20 he measured ana compared, upon
which the divergent results OF their deliberations were
reached the task OF exposing rhe manner and ex-
tent in which. in the opinion OF the Government,
would be much simpler. Indeed In the view which this
Government takes OF the narrow and we'iefned ques
ton submitted to the Commission by the treaty. ana OF
the inds sputabe result OF the evidence pertinent thereto
there seems little to doubt that the protocols
exhibited trace even OF the elements OF COMPUTATION on
by which the two concurrng Commissioners made mp
their Judgment, they would inevitably deloie tne IN
firmity Of the award, and make any caeiW ueonsu@
tion OF the same superinOus.


NATURE OF THE QUESTION.


tdsre that you will first call Lord salisburys attention
"a the nature OF the question submitted 10 the Halifax
Commission as adjusted through the diplomatic con-
ferences of the Joint High Commission and expressed IN
the Treaty.


In the first place. the United States In the fishery slt
ces Of the Treaty Of Washington did not intend TO- ana
did not waive curta in the least the construction OF
the fishery and appurtenant privileges accorded In the