THE FISHERIES. 239 



eight sovereign States, namely, Italy, Switzerland, 



Brazil, Sweden and Norway, Spain, Austria and 

 Hungary, Great Britain, and the United States. 



PROBABLE AMOUNT OF INDEMNITY. 



The peculiarity of the arrangement, we see, is that 

 the United States are to make compensation to Great 

 Britain for any excess in value of the privileges of 

 fishery accorded to the United States above those 

 accorded to Great Britain. One party asserts, the 

 other denies, such excess of value. 



This question involves examination of facts, but it 

 also suggests inquiry of right. 



What are the privileges which the United States 

 acquire under Article XVIII. of the Treaty of Wash 

 ington \ Certainly not any which they possessed al 

 ready. 



Now, in virtue of subsisting stipulations of the 

 Treaty of 1818, we possessed the recognized* right of 

 fishery along the coasts, and in the bays, harbors, and 

 creeks of British North America, subject, in so far as 

 regards the present question, only to the renunciation 

 which we made in that treaty of the liberty previ 

 ously enjoyed or claimed, to take, dry, or cure fish on 

 or within three marine miles of the coasts, bays, 

 creeks, or harbors of certain defined parts of the 

 shores of British America. The Treaty of Washing 

 ton removes this limitation. Hereafter we are to 

 fish on the sea-coasts and shores, and in the bays, 

 harbors, and creeks, previously subject to limitation 

 of three marine miles, &quot; without being restricted to 



