TIIK FISIIHUIKS. 230 



eight sovcivigii States, iianiely, Italy, Switzerlaiul, 

 Brazil, Swctleii and Norway, Spain, Austria and 

 Hungary, Great Britain, and the United States. 



riiOHABLE AMOUNT OF INDKMNITV. 



The peculiarity of the arrangement, we see, is that 

 the United States are to make compensation to Gi-eat 

 Britain for any excess in V(dae of the privileges of 

 fishery accorded to the United States above tho^e 

 accorded to Great Britain. One party asserts, the 

 other denies, such excess of value. 



This cpiestion involves examination of facts, but -it 

 also suggests in([uiiy of right. 



AVhat are the privileges which the United States 

 acfpiire under Article XVIII. of the Treaty of Wash- 

 ington ? Certiiinly not any which they possessed al- 

 ready. 



Now, in virtue of subsisting stipulations of the 

 Treaty of 1818, we possessed the recognized right of 

 fishery along the coasts, and in the bays, harbors, and 

 creeks of British North America, subject, in so far as 

 regards the present question, only to the renunciation 

 which we made in that treaty of the liberty previ- 

 ously enjoyetl or claimed, to take, dry, or cure fish on 

 or withifi tlwce marine miles of the coasts, bays, 

 creeks, or liarbors of certain defined 2?arfs of the 

 shores of British America. The Treaty of Washing- 

 ton removes this limitation. Hereafter we are to 

 fish on the sea-coasts and shores, and in the bays, 

 harbors, and creeks, previously subject to limitition 

 of three marine miles, " without being restricted to 



