1362 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



are accorded; and in considering this question it is unnecessary to 



examine the terms on which such commercial privileges are accorded 



to American trading vessels, or the extent of such privileges." 



822 In the same way in their Argument, at p. 258, in the middle 



of the page : 



" It is manifest that the Tribunal is not called upon to determine 

 by what agreement the privileges are accorded, and the intentional 

 generality of the word ' otherwise ' shows that no such determination 

 is called for or permissible." 



The 1830 arrangements are specificially excluded from debate by 

 the statement at p. 263 of the United States Argument, at the top of 

 the page: 



"As previously stated, the United States does not understand that 

 the act, proclamation, and order in council are submitted to the Tri- 

 bunal for construction, but it is deemed proper to point out the erron- 

 eous assumption in the British Case that they applied only to trading 



vessels." 



Pointing out those sentences to the Tribunal, I necessarily pass 

 over all discussion with reference to the effect of the arrangements 

 of 1830, and the treaty of 1871. 



Probably, therefore, Sirs, I might remain silent as to the differences 

 which have arisen between the countries from time to time, for, as I 

 submit, the answer to the question does not depend upon the view 

 which might be taken of the merits of the controversy. I am aware, 

 however, that some of Senator Turner's remarks were calculated to 

 create the impression that colonial action deserved condemnation, and 

 I am not aware of the extent to which subsequent speakers may seek 

 to influence the attitude of the Tribunal by reflections of a similar 

 character. For these reasons, and also because I am extremely anx- 

 ious that no member of the Tribunal should entertain any opinion 

 adverse to Canada and Newfoundland, I beg leave to occupy a short 

 time with a few observations with regard to the subject of what are 

 called "commercial privileges." I am anxious, too, that the eminent 

 men who are here from the United States should have an opportunity 

 of hearing the colonial view, for unfortunately, the opinion of this 

 Tribunal cannot, upon this occasion, at least, completely end the con- 

 troversy. The question is not worded with sufficient comprehension 

 in order to attain that very desirable end. 



The differences which have arisen are of two kinds. The earlier of 

 them relates to the refusal of the colonies to sell bait and other sup- 

 plies, and to permit the transhipment of fish. The second and that 

 of which the Tribunal has heard more has relation to the refusal 

 to sell herring for purpose of consumption, and the refusal to permit 

 Newfoundlanders to assist the United States in taking them, 



