1560 AWARD OF THE FISHERY COMMISSION. 



ine necessarily, the right given in express terms by the treaty to take 

 flabnot only'do the United States say there is no semblance of author- 

 it'v for tin- tribunal 10 consider these things in awarding compensation, 

 but that in i>oint of fact these acts on the part of United States fisher- 

 men have iM'oii and are now illegally exercised on our shores. In deal- 

 ing with that part of the United States Answer, which I have read, this 

 W the language used in the Reply, printed and filed on behalf of Her 

 Majesty's Government: 



Tbr advantages BO explicitly set forth in the Case, of freedom to transship cargoes, 

 outfit %]*. obtain ice, procure bait, and engage hands, &c., are not denied in the 

 Answrr Nor is it denied that these privileges have been constantly enjoyed by Amer- 

 ican fishermen under the operation of the Treaty of Washington. Neither is the con- 

 trntitiii on the part of Her Majesty's Government that all these advantages are neces- 

 wiry to the successful pursuit of the inshore or ontside fisheries attempted to be con- 

 troverted. But it is alleged in the third section of the Answer that there are statutes 

 in f..r-e, or which may be called into force, to prevent the enjoyment by American 

 tiftht-ruieu of these indispensable privileges. 



Here in the Case prepared and filed and presented before this tribunal 

 on In-half of Her Majesty it is alleged that these incidents are absolutely 

 essential to the successful prosecution of the fishery, and that they are 

 enjoved under and by virtue of the acceptance of the Treaty of Wash- 

 ington. Here in the third section of the Answer presented before this 

 Commission, to become matter of record and history, it is alleged that 

 there nre statutes now in existence or that may be called into force to 

 preclude the enjoyment by the fishermen of the United States of these 

 necessary incidental advantages. Substantially that is the only ground 

 taken in the Answer, and I do not hesitate for a moment to say that, 

 providing it is corroct, it is a reasonable answer. If Great Britain may, 

 after the award of this tribunal shall have been delivered if the Govern- 

 ment of Great Britain or Canada may afterwards call into force those 

 statutes which we contend are at present suspended, and raise the ques- 

 tion for the decision of the court of vice- admiralty here iu Halifax, or 

 elsewhere, as it has been formerly raised and settled here, and if the 

 decision of such questions must necessarily lead to the confiscation of 

 the vessels attempting to avail themselves of these supposed privileges, 

 then this is certainly a matter of great concern to the United States, and 

 a matter of great responsibility to those in whose hands her great inter- 

 est* are tor the time committed. In this view I do not wonder that this 

 answer is so much insisted on. In this view, if these results are immi- 

 nent there is ground for careful deliberation. If these results are inevi- 

 table, this answer respecting the enforcement of statutes is a complete 

 und full answer, and that far the cause is ended and the court is closed. 

 It is admitted, I suppose, that the fishermen of the United States sail 

 from tiit-jr own shores, enter these waters, and annually, monthly, d lily, 

 practically, enjoy these advantages since the Treaty of Washington, 

 k never contended for a right to enjoy them previously. All the wit- 

 HM-S unite in saving that they have been shipping crews, purchasing 

 ting Hiul shipping ice, transshipping cargoes of mackerel that 

 have been in the full and absolute enjoyment of every incident 

 iry to the successful prosecution of the fisheries. But it is now 

 i ward and urged on the part of the government aad nation of these 

 bertneti that they have enjoyed these privileges without the 

 the treaty and in violation of the laws of the land, which 

 at any moment enforced against them ; that there was and is 

 v of authority to enjoy these rights under the Treaty of 

 that they were and are exercised in the face of existing 

 n and at the peril of the United States fishermen, and the risk of 



