752 APPENDIX TO BRITISH CASE. 



and the question of whether the mutual arrangements of 1830 arid 

 the mutual rights of transit under the treaty of 1871 shall continue. 



This treaty makes no provision for an indemnity. It does make 

 provision for establishing forever the full measure and limit of rights 

 and privileges to be enjoyed by fishing vessels of the United States. 

 whatever other character they may also have and appear in, in the 

 ports and waters of British North America, and it thus surrenders 

 rights and privileges that the committee thinks are clearly and fully 

 established under the arrangements of 1830, and the treaty of 1871, 

 or, if such rights and privileges can be claimed not to exist in these 

 respects, that it provides, as of original and perpetual engagement, 

 for the exclusion of the American vessels engaged in a particular 

 occupation on the high seas from the ordinary humanities and hos- 

 pitalities and equalities enjoyed in the British North American ports 

 by all other vessels of the United States, and, so far as is known, all 

 the vessels of every character of every other country, while at the 

 same time British North American vessels engaged in the same occu- 

 pation and in the same seas have, without restraint, every right and 

 facility of commerce, hospitality, and immunity in all the ports of the 

 United States. To enter into such an engagement, finally and per- 

 petually, as this, the committee thinks contrary to the dignity and 

 just interests of the United States. 



The committee regrets that these conclusions do not meet the ap- 

 proval of all its members. It had hoped, as has been the case 

 generally hitherto, that no influences or divisions of a nature coin- 

 cident with the lines of political parties would enter into a matter 

 of this character, and that, as was the case only a little more than a 

 year ago, all senators of all political parties would unite in standing 

 firmly in the attitude taken in the winter of 1886-'87 and culminat- 

 ing in the act of March 3, 1887, and in declining, at whatever cost, to 

 enter into any new engagements with the British Government that 

 should leave any American citizen, engaged in whatever occupation 

 or business, deprived of any right or privilege, other than fishing, in 

 any British North American or other waters, that is or may be 

 granted to citizens of the United States engaged in any other occupa- 

 tion, and that have been and are fully and freely granted by the 

 United States to every British subject, whatever may be his occupa- 

 tion. 



% 450 The committee thinks it due to the Senate to state that, 

 contrary (as it believes) to the universal previous practice of 

 the executive in connection with the consideration of treaties when 

 fhe Senate has asked for all the papers and information in detail 

 concerning the progress of the negotiations, the executive has not 

 thought it for the " public interest," in this instance, to communicate 

 all such papers and such detailed information to the Senate, although 

 the Senate requested it; and it was stated in reply to the resolution 

 of request that the deliberations of the plenipotentiaries were in 

 confidence, and " that only results should be announced and such 

 other matters as the joint protocolists should sign under the direction 

 of the plenipotentiaries." 



It is, however, stated that every point submitted to conference is 

 covered by papers already in possession of the Senate, excepting the 

 question of damages sustained by our fishermen, and which, it is 



