1558 AWARD OF THE FISHERY COMMISSION. 



mv learned f.iend, that the interpretation which Her Majesty's Govern- 

 ment has put upon the Washington Treaty has received the consecra- 

 tion of the whole time that the Reciprocity Treaty was in operation by 

 the course of dealing between the two governments with reference to 

 that treaty. The Reciprocity Treaty was in exactly the same terms as 

 the Washington Treaty, and under it the Americans have been admit- 

 ted to pure-hate bait, transship their cargoes, and do all those things 

 mentioned in the motion. I think that this interpretation cannot be 

 lightly set aside to adopt the construction now sought to be put upon 

 the treaty by our learned friends on the other side. And to show that 

 the several provinces have not been indifferent to these matters, I 

 would refer the Commission to a petition sent to the Queen by the legis- 

 lature of Newfoundland on the 23d of April, 1853, which is to be found 

 on page 12 of the oflicial correspondence which has been filed on our 



8ide. 



TO THE QUEEN'S MOST EXCELLENT MAJESTY. 



J/ay it pltate Your Majesty: 



\\V, Your Majesty's loyal subject*, the Commons of Newfoundland, in general assem- 

 bly convened, beg leave to approach Your Majesty with sentiments of unswerving 

 loyalty to Your Gracious Majesty's person and throne, to tender to Your Majesty our 

 rrnpfdfiil and sincere acknowledgments for the protection afforded by the Imperial 

 (iovrrnwent to the fisheries of this colony and Labrador duriug the last year, and to 

 jray that Your (.Jraeious Majesty will be pleased to continue the same duriug the ensu- 

 ing M'ason. 



May it please Your Majesty: 



The illicit traffic in bait carried on between the inhabitants of the western part of 

 this island and the French has proved of serious injury to the fisheries generally, as 

 the supply enables the French bankers to commence their voyage early in spring, and 

 thereby prevent the fish from reaching our coasts. We, therefore, most earnestly be- 

 M^-rh Your Majesty graciously to be pleased to cause an efficient war-steamer to be 

 pUtfd in Burin during winter, so that by being early on the coast she may avert the 

 evil of which we so greatly complain. 



1 '.i--rcl the House of Assembly April 23, 1853. 



JOHN KENT, Speaker. 



I think that every other province would have made the same com- 

 plaint in a different shape, but I quote this to show that the provinces 

 have never been indifferent to the matter of selling bait to the Ameri- 

 cans by Canadian subjects. 



This is about all that 1 wish to add to what has been said, except that 

 I do not know if I have well understood Mr. Foster in reference to a 

 IKS of argument which he has used. I repeat, I am not very certain 

 have understood him well, that if the construction put by the 

 American side upon this article were not admitted, the American Gov- 

 ernment might repudiate the award made by the Commission. 



STEK. O, no ; I said that if the award included matters not sub- 

 the tribunal, the principles of law would render it void. I did 

 say what my government would do under any given circumstances, 

 nor am I authorized to do so. 



Mr DOI-TKK. There is no authority to decide as to the legality of the 



by the Commissioners, there is no other right than might. 



this argument had not been used I have nothing to add to 



been said by my learned friend. If it had been, 1 should have 



necwary to address some observations which are rendered 



fact that J have misunderstood my learned friend. 



:KBK. Owing to our adherence, until quite recently, to 



uigement entered into to argue this morning a preliminary ques- 



I considering the sudden determination of counsel on behalf of 



overuuieut to enter upon the main question, and coa- 



