750 APPENDIX TO BRITISH CASE. 



all its crew are seized and arrested and taken to a place of detention, 

 security for costs shall not be required until the arrested citizens of 

 the United States shall desire to release his vessel or get out of 

 prison. 



This certainly must be only what every just Government would 

 provide of itself. The same may be said of all the other provisions 

 of this article. They are all identical with or analogous to the 

 practice of civilised Governments, and rest upon common principles 

 of good administration of justice. Surely they should need no treaty 

 contract to bring them into practice. 



The fifteenth article of the treaty is open and conditional, and 

 provides that when the United States shall admit British North 

 American fish oil, whale oil, seal oil, and fish of all kinds except 

 fish preserved in oil, free of customs duties, the like products of the 

 United States shall be admitted free into British North America, 

 and it is also provided that in that case United States fishing vessels 

 may be entitled not to fish in-shore as the treaty of 1871 provided 

 but- to annual licenses for the following purposes in British North 

 America : 



1) The purchase of provisions, bait, ice, seins, supplies, etc. 



The transhipment of catch. 



3) The shipping of crews, but that supplies shall not be obtained 

 by barter. 



(4) And that the like privileges shall be continued or given to 

 fishing vessels of British North America on the Atlantic coast of the 

 United States. 



This is a much worse " reciprocity " than existed under the treaty 

 of 1871, for while the treaty of 1871 was silent in respect of com- 

 mercial rights in either country and left the matter of the com- 

 mercial rights standing upon mutual legislative regulations of the 

 two countries, this treaty limits the rights of the fishing vessels to 

 certain specified forms and descriptions of commercial privileges, 

 though it does seem to recognise the truth that would otherwise ap- 

 pear to have been forgotten in the negotiations, that Canadian fish- 

 ing vessels now have commercial rights and privileges in the ports 

 of the United States. 



The impolicy of the general provisions of article 15 have already 

 been twice fully demonstrated, and, on the last occasion of the kind, 

 were unanimously abrogated by Congress. It is thought needless to 

 now go into a discussion of that subject. 



We have thus briefly reviewed all the substantial articles of the 

 treaty of positive obligation excepting article IX, which declares that 

 nothing in the treaty shall affect the free navigation of the Strait of 

 Canso. This article was evidently inserted on account of the renun- 

 ciation by the United States of its rights in Chedabucto Bay this 

 bay being at the southern entrance of that strait. 



It is almost unnecessary to say that the committee is fully 

 449 sensible that in many matters of fair difference and of doubt- 

 ful consideration between two Governments, in order to arrive 

 at an amicable composition thereof there must be mutual concessions, 

 and that the same is true in respect of entering into new engagements 

 for commercial and other intercourse between nations, in order that. 

 in the last-named case, perfect mutuality of right and privilege may 



