DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 803 



relation to rights secured by international laws, but would relate only 

 to the meaning of words in a treaty, that were put there by the 

 mutual consent of two enlightened Governments. 



This treaty closes the discussion on the subject of delimitation of 

 fishing boundaries, a matter that was, in some sort, provided for in 

 the treaty of 1854. 



It presents a fair and equitable settlement of questions that have 

 been in dispute for seventy years. 



It gives our fishermen, as an equivalent for the concessions we 

 make, largely increased privileges, as navigators, beyond the narrow 

 and inhospitable provisions of the treaty of 1818. 



And, for the first time that such a thing was ever attempted, this 

 treaty proposes to open the door to wide commercial privileges for 

 our fishermen, based on concessions that concern them alone. 



The modus vivendi provided in the protocol enables our fishermen, 

 during two fishing seasons, to compare the value of the very broad 

 commercial privileges therein accorded with the price of annual 

 license at $1.50 per ton on their ships. A fisherman, outfitting with 

 all he needs to sustain his business in Canadian ports, and having 

 the privilege of sending his fares to our market under bond, over 

 railroads and through such ports as would be easily reached, would 

 be able to make so many more voyages that the annual license of 

 $1.50 a ton on his ship would be reduced to 30 cents or 40 cents per 

 ton on the voyage. If the business will not bear such a tax in com- 

 pensation for such privileges, it is scarcely worth a war, or a serious 

 disturbance of good will with our neighbors, to secure these commer- 

 cial advantages to our fishermen. 



We venture to repeat the recommendation that the Senate will 

 await the developments that even one fishing season will make under 

 this protocol before taking final action on the treaty. 



XVII. THERE is NO FAULT IN THE MANNER or NEGOTIATING THIS 



TREATY, AND THE PRESIDENT HAS NOT IN ANY WAY EXCEEDED HIS 

 CONSTITUTIONAL POWERS, OR WITHHELD ANY COURTESY DUE TO THE 

 SENATE IN RESPECT OF THE AGENTS SELECTED BY HIM TO CONDUCT 

 THE NEGOTIATION, OR IN THE TIME OR PLACE OF NEGOTIATING OR 

 CONCLUDING THE TREATY. 



On the other question, as to the form in which this negotiation has 

 been conducted and the authority of the two plenipotentiaries, Mr. 

 Putnam and Mr. Angell, to act, without a confirmation by the Senate, 

 we rely upon the precedents cited in the annexed brief of cases that 

 seem to conclude any question on this point. 



The table hereto appended, marked C, will furnish on easy refer- 

 ence to all the appointments of diplomatic agents to negotiate and 

 conclude conventions, agreements, and treaties with foreign powers 

 since 1792. The w r hole number of persons appointed or recognized 

 by the President, without the concurrence or advice of the Senate, 

 or the express authority of Congress, as agents to conduct negotia- 

 tions and conclude treaties is four hundred and thirty-eight. Three 

 have been appointed by the Secretary of State and thirty-two have 

 been appointed by the President with the advice and consent of the 

 Senate. 



