1532 AWARD OF THE FISHERY COMMISSION. 



the oral arguments, then I admit that Her Majesty's Government would 

 stand at great disadvantage, but I do not think that eloquence will 

 have a feather's weight in this case. I desire the court to understand 

 distinctly that this is a motion made by the counsel of the United States 

 to have the rules altered, and I come forward, for Her Majesty's Agent 

 and tin* minister of marine, to state we are willing it shall be done as 

 thev wish, provided always they don't, in getting an inch, take an ell. 

 They will have, if they think it is an advantage, the right to make a 

 closing speech, but must immediately afterwards put in their closing 

 printed argument. They are simply to support their own case. We are, 

 then, simply called on to answer the case and argument in support of 

 the speech 'they put forward, and nothing else. Not one principle of 

 ordinary justice will be infringed or departed from. In conclusion, I 

 must confess 1 cannot help feeling a little surprised at the manner in 

 which Mr. Dana submitted the motion, for he put it in an almost threat- 

 ening manner to the tribunal, that if it was not acceded to, the counsel 

 for the United States would withdraw the proposition altogether. That 

 is not the usual mode in which a favor is asked by counsel before a tri- 

 bunal. 



Mr. FOSTER. I think I am entitled to a few words in reply. If the 

 learned counsel (Mr. Thomson) had been present yesterday afternoon 

 when I made the explanation which accompanied Mr. Trescot's motion, 

 I think he would not have made the observations which he has made. 

 This is what I said : When I came here I found myself met suddenly by 

 five of the most eminent gentlemen who could be selected from the five 

 maritime provinces, and, contrary to the expectations of myself and my 

 government, they were to be admitted to take charge of this case, and 

 they were assisted by a very eminent lawyer, now minister of marine, 

 who is spoken of by counsel as having largely the conduct of this case. 

 I alone, a stranger in a strange land, having no reason to suppose coun- 

 sel would be brought here to assist me, found myself, I say, by the un- 

 expected decision of the Commissioners, placed in such a position that, 

 instead of meeting the British Agent, I had to meet the British Agent, 

 the minister of marine, and five counsel. Now, to avoid five closing 

 oral arguments against one, I was well content with the original arrange- 

 ment of the rules. But the rules provided that they might be changed 

 if in the course of proceedings the Commissioners saw fit to alter them ; 

 and as to our application being an application for a favor either from our 

 opponents or the Commissioners, it is no such thing. It is an applica- 

 tion to your sense of justice. Before a judicial tribunal there are no such 

 things as favors. Decisions go upon the ground of right and justice, 

 and especially so in regard to a treaty. Under the oath which the Com- 

 miMfonera have taken, equity and justice are made the standard of all 

 their proceedings. Now, how are we placed ! We have, in the first 



ace, a much greater mass of testimony than I anticipated, or any of 

 i anticipated, I presume. In the next place, we are on the eve of a 



ich greater conflict of testimony than I anticipated ; we see that very 



Then again, from prudential considerations, counsel on the 



Hide saw fit not to open their case. It was a grievous disappoint- 



) me; I could not help myself, as I saw at the time, and so said 



t was a great disappointment to find they did not think 



opening to explain the views they intended to enunciate. As 



nony has gone forward for more than a month, it has become 



o all of u.s that in a printed argument, prepared within ten 



ne, and compressed within the necessary limits of a printed 



lent, we cannot examine this testimony, and cannot render the 





