AWARD OF THE FISHERY COMMISSION. 1525 



argument like this. We all no\r understand what are the issues which 

 are before us. We only want to discuss them with perfect frankness 

 and fullness, so that everything that is to be said on the case may be 

 said. I want this case to be so argued, both in spirit and fact, that 

 whatever the award may be, and whoever is called upon to submit to an 

 adverse decision, they will be satisfied, having obtained the fullest pos- 

 sible hearing on the subject. I want to secure no advantage over my 

 friends on the other side, and I do not believe that they desire to have 

 any advantage over us; if they will allow me to borrow an illustration 

 from the language of their witness, we do not wish to " lee-bow" them. 

 But I think that my learned friend is sacrificing himself to a sort of 

 technical superstition for the word " reply." In this case there is nothing 

 mysterious, and no necessity exists in regard to having the last word. 

 We are willing to lay our whole argument before the Commission, and 

 then to let them reply to it, if they so wish ; but if they do not choose 

 to do it we do not intend to compel them to reply, and it is perfectly in 

 their power to effect themselves what they propose by declining to reply 

 to our oral argument and confining themselves to their final argument. 

 I say frankly I would regret such a decision very much. We wish to 

 know their case as they regard it, and without depriving them at all of 

 their right to reply, to have a frank, full, straightforward and manly dis- 

 cussion of the whole question. I have always thought that the fairest 

 manner for submitting a case is followed before our Supreme Court. 

 Both parties put in their printed arguments, bringing them within the 

 common knowledge of each party before the court, and then they are 

 allowed to comment on these arguments as they please. 



Mr. THOMSON. I agree with Mr. Trescot that this cause has not to be 

 tried as one at nisi prius ; we do not want nisi prius rules here, but we 

 want the broad principle understood that Great Britain in this case is 

 the plaintiff, and as such she is first to be heard and the last to be 

 heard. A great advantage is obtained by the United States by hearing 

 our case first, and for this very simple reason, during the whole time our 

 evidence is being given before this Court they can be preparing their 

 witnesses to meet it. There is always this advantage given to the de- 

 fendant in every case. He has the privilege of hearing the plaintiff's 

 testimony, and during the time the testimony is being given, he has the 

 opportunity of preparing his answer. On the other hand, when the 

 plaintiff comes to close the case, if there be an advantage in having the 

 last word, the plaintiff has it. So the advantages are about balanced. 

 A "frank" discussion, under the proposition submitted by the counsel for 

 United States, simply means that the United States would get entirely 

 the advantage in this cause. There is not the slightest desire on the 

 part of the British Government or on the part of the Canadian gov- 

 ernment, represented hereby the minister of marine, that one single fact 

 should be kept back or forced out as against the United States ; on the 

 contrary, that they shall have the fullest opportunity of being heard ; 

 but we submit that not only the rules solemnly adopted by this tribunal, 

 but the rules which govern the trial of ordinary causes, should not be 

 departed from. We have given way a great deal, when we are willing 

 to allow our learned friends who represent the United States to take 

 the course they propose to this extent, that they shall make their oral 

 speeches if they choose to do so, and if they choose, in addition, to put 

 in a written argument, well and good, but they must do it at once, and 

 that, if we please, we shall answer their written argument and speeches 

 orally and by written argument, or by one of those modes only. We 

 ought not to be asked to yield more. 



