AWARD OF THE FISHERY COMMISSION. 1567 



sisted, first, that, under the Treaty of 1818, if a fisherman went into a 

 colonial port and bought a load of coal for his cabin stove be violated 

 the treaty, because it only gave him the right to go in and buy wood ; 

 or when a fisherman bought ice, be was only buying water in another 

 shape, and therefore that, when he had a right to buy water, he had 

 the right to buy ice. 1 do not, however, suppose that this is the kind 

 of arguments your honors propose to consider. It appears to me that 

 if we look at the history of this negotiation, we see with perfect dis- 

 tinctness what the Commission is intended to do. When the High Com- 

 mission met, and the question of the fisheries came up, what was the 

 condition of the facts ? We were annoyed and worried to death by our 

 fishermen not being allowed to go within three miles of the Canadian 

 shore and by their being watched by cutters. The idea of not being 

 allowed to buy bait, fish, and ice, which we had done ever since 

 the fisheries existed, never crossed our minds. We knew what had 

 been the established custom for over half a century, from the earliest 

 existence of the fisheries. We read your advertisements ottering all 

 these things for sale as an inducement to come into your ports. We 

 hail the declaration of Her Majesty's Colonial Secretary, that whatever 

 might be the technical right, he would not consent to colonial legisla- 

 tion which deprived us and you of this natural and profitable exchange, 

 and we knew that in the extreme application of your laws, you had not 

 attempted to confiscate or punish United States fishermen for such 

 purchases. It never occurred to us that this was a question in discus- 

 sion. What we wanted to do was to arrange the question as to the in- 

 shore fisheries. That was the only question we were considering, and 

 so far from raising any question about it, what is the instruction of the 

 British Government to their negotiators ? It was as follows : 



The two chief qnestions are: As to whether the expression "time marine miles of 

 any of the coasts, bays, creeks, or harbors of Her Britanuic Majesty's dominions" 

 should be taken to mean a limit of three miles from the coast-line or a limit of three 

 miles from aline drawn from headland to headland; and whether the proviso that 

 ' the American fishermen shall be admitted to enter such bays or harbors for the pur- 

 pose of shelter, and of repairing damages therein, of purchasing wood, and of obtain- 

 ing water, and for no other purpose whatever," is intended to exclude American ves- 

 sels from c ming inshore to traffic, transship fish, purchase stores, hire seamen, &c. 



Her Majesty's Government would be glad to learn that you were able to arrive at a 

 conclusive understanding with the Commissioners of the United States upon the dis- 

 puted interpretation of the Convention of 1818; but they fear that you will find it 

 expedient that a settlement thould be arrived at by some other means, in which case 

 they will be prepared for the whole question of the relations betwen the United States 

 and the British possessions in North America, as regards the fisheries, being referred 

 for consideration and inquiry to an International Commission, on which two Commis- 

 sioners, to be hereafter appointed, in consultation with the Government of the Do- 

 minion, should be the British representatives. 



Now, what was that but an instruction not to trouble themselves with 

 the very questions we are arguing here to day, but to go and settle the ques- 

 tion on some basis which would not involve any such discussion. And 

 what did we do! We said: "The question is between two inshore 

 fisheries. We think our inshore fishery is worth something; you think 

 your inshore fishery is worth something. We give you leave to fish in 

 ours, and we admit fish and fish-oil free of duty, and make the matter 

 pretty much on equality. If that is not sufficient, take three honest- 

 minded gentlemen and convince them that your fisheries are worth a 

 great deal more than ours, and we will pay the difference ;" and so we 

 will, without any hesitation, if such shall be the award upon a lull hear- 

 ing of all tiiat you have to say and all that we have to say. That is the 

 whole question we have to decide. Take the fishery question as it 



