1534 AWARD OF THE FISHERY COMMISSION. 



roents of our learned friends if we did not see very clearly the course 

 which thev propose to follow. They would have the means of meeting 

 even-thing we could state; and anything we might state after that, I 

 don't conceive what it could amount to. It may strike persons not 

 familiar with courts of justice that it is strange we should insist on bav- 

 in L' the last words, and our friends magnify that extraordinary desire 

 on our part to point out that we have not to deal here with a jury, which 

 illicit be misled bv the elegance of some skillful lawyer, but that we have 

 to deal with a far'higher order of judges. This I admit. But I would 

 like my learned friends to explain'the strenuous efforts they are making 

 to get that reply. It is nothing but such a demand that my learned 

 friends are putting forward. Our American friends have been so extraor- 

 dinarily lucky in all their international difficulties that they have ar- 

 rived at the fast degree of daring. We are living in hope that some 

 time or other the balance in connection with international difficulties 

 between England and the United States will turn on the right side. 

 1 do not know if we are in the way of reaching such fortunate result, 

 bnt we live in that hope. Our learned friends on the other side pretend 

 that they have been placed at a disadvantage from the fact that we did 

 not, as they say, open our case. We did open our case. We opened 

 through Mr. Thomson, who stated to the Commission that all he had to 

 say was printed, cut, and dried, and ready to be read ; that it set out 

 the case in better language than he could have used in a speech, and 

 that there was nothing to add to or take from it. I think this was the 

 best opening that could have been made, otherwise our learned friends 

 might have complained and said they expected to have obtained more 

 detailed information about the case. But they felt it was a saving of 

 time, and they have expressed the opinion to-day that it would have 

 served no real interest to have gone any further than Mr. Thomson 

 proceeded. Mr. Dana has complained that the brief which has been 

 tiled by the American agent has not yet received an answer. I think we 

 are not bound to answer the brief. If we do so it will be merely out of 

 courtesy to our friends. Our answer might come in our final written 

 argument, and there is no reason whatever, and no right on the part of 

 the counsel of the United States to demand to have it sooner than that 

 If we choose not to answer it even then, I question if we can be re- 

 quired to answer it; so that if we give an answer to their brief it will 

 be a mere matter of courtesy, because we are not bound to do so. 

 Mr. DANA. Do we understand there is to be no answer ? 

 Mr. DoUTEE. I do not say so. While I think we will file an answer, 

 1 be done out of courtesy to the counsel for the United States. We 

 mve been told we are keeping masked batteries for the last moment. I 

 would like to know where we would find ammunition to serve those bat- 

 s not all our case in the documents filed, in the depositions of 

 isscH, and in the affidavits f Can \ve bring anything more to 

 They are our ammunition; they are all here; "our hands are 

 ;>ty, and we have no more to serve any masked batteries. The argu- 

 t may be very plausible, that in a large question, involving two great 

 es, it is necessary that everything should be done which tends to 

 the minds of the judges so that a just result may be secured : 

 argument, your honors will understand, would be as good in 

 I in the world to obtain for the defendant the last words and 

 the rules of judicial tribunals. Hon. Mr. Foster says he has 

 to agree to the demand now under discussion because 

 i was going to be met, contrary to the expectation of his 

 nt, by five gentlemen, whose talents he magnifies for the oc 



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