1654 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



When one comes to look at the document that is not by any means 

 an accurate statement of the fact. The real truth is that, when the 

 award was made, there was, on the part of the United States, a tech- 

 nical objection, and the money was held up for that reason. While 

 the money was being held up, or some time shortly antecedent to it, 

 the Fortune Bay dispute took place. Mr. Evarts says, " I have now 

 got to make a complaint about Fortune Bay, but do not let us mix 

 that up with the other question as to the validity of the award. I 

 am not keeping your money back because of the Fortune Bay inci- 

 dent; I am keeping your money back because of this new objection 

 which has arisen in connection with the validity of the award." He 

 makes that a little clearer, as I am reminded by Mr. Peterson, on p. 

 662 of the Appendix to the Case of the United States (Mr. Evarts 

 does), because he says there, in the middle of the second paragraph 

 on that page: 



" I was exceedingly unwilling that the questions arising under the 

 award and those provoked by the occurrences in Newfoundland 

 should be confused with each other," 



THE PRESIDENT: Where is that? 



SIR CHARLES FITZPATRICK: The last words of the second para- 

 graph. 

 1000 SIR W. ROBSON : " I was exceedingly unwilling," it says 



"that the questions arising under the award and those pro- 

 voked by the occurrences in Newfoundland should be confused with 

 each other, and least of all would I have been willing that the simul- 

 taneous presentment of the views of this Government should be con- 

 strued as indicating any desire on our part to connect the settlement 

 of these complaints with the satisfaction or abrogation of the Halifax 

 award." 



It was a confusion very easily made, and no one could be blamed 

 for making it, but when one looks into it, it will appear that Lord 

 Salisbury never for one moment made any disavowal of our claim 

 to jurisdiction, neither was he invited to do so by Mr. Evarts as a 

 condition of paying the money under the Halifax Award. It would 

 not have been a very legitimate thing to do, and the United States 

 did not do it, but, I think Mr. Turner was under the impression that 

 that had been done, and that therefore it made a very strong point 

 against Great Britain, to the effect that you are now putting up a 

 claim which you disavowed, and in a sense disavowed for value 

 received in 1878. 



JUDGE GRAY : It would not have been, as you say, a very legitimate 

 thing for the American Government to have suggested, unless it was 

 supposed that the claim put forward by Lord Salisbury of jurisdic- 

 tion in large bays, like the Bay of Fundy, was a curtailment of the 

 right of the American fishermen, as understood in the Halifax Award, 



