1570 AWARD OF THE FISHERY COMMISSION. 



vour right to fish on certain coasts and enter certain harbors only for 

 wood aud water, that treaty says you shall have the right "to take tish 

 of everv kind, except shell fish, on the sea-coasts and shores and in the 

 bays harbors, and creeks of the Provinces of Quebec, Nova Scotia, and 

 New Brunswick, and the colony of Prince Edward Island and of the 

 several islands thereto adjacent, without being restricted to any distance 

 from the shore, with permission to laud upon the said coasts and shores 

 and islands, and also upon the Magdalen Islands, for the purpose of 

 drying their nets and curing their fish." "Drying their nets and curing 

 their fish." That is all; that is the whole additional treaty privilege, 

 aud I can see no power of construction in this Commission by which it 

 can add to treaty stipulation the foreign words "and buy ice, bait, sup- 

 plies, and transship." And yet the British counsel admit that without 

 these words our interpretation is indisputable. We had a certain right 

 and certain limitations of that right by the Treaty of 1818, and the Treaty 

 of 1871 says in addition we give you the further right to take, dry, and 

 cure fish and nothing else. The reason is very obvious. It is very 

 evident that when the treaty was drawn, for every advantage outside 

 of that clause we were to be called on, according to the theory of the 

 British counsel, to pay compensation. We never had been called on 

 to pay for the privilege of buying bait and ice, aud we had received no 

 notice from the Colonial Government of any intention to make such 

 claim, which was contrary to the whole policy of Great Britain and 

 would not be sustained. Why should we have to pay for that privilege? 

 We did not insert it in the treaty because we did not intend to pay for 

 it ; that is the reason it is not there. 



I leave any further reply to the learned counsel who will follow me. 

 I am anxious as to your decision. I have not desired to conceal and 

 I have not concealed the fact that the people and Government of the 

 United States regard this claim of $15,000,000 as too extravagant for 

 serious consideration. 1 know at the same time that they sincerely wish 

 for a final settlement of this irritating controversy. And therefore I 

 earnestly hope that you will be able to reach a decision which will limit 

 within reasonable proportions a claim which, as it stands, it is simply idle 

 to discuss. 



You start from a point we can never reach. A day or two ago, during 

 the session, I happened to go into the Commission consulting-room and 

 found on the table a copy of Isaak Walton's Complete Angler, a very fit 

 book for the literary recreation of such an occasion. On the page which 

 was turned down I found a reference to some South Sea Islanders, I 

 believe, who had such a gigantic inshore fishery that "they made 

 lumber of the fish-bones." I am afraid that the British counsel have 

 been consulting this book as an authority. 



Mr. DANA. May it please your excellency and your honors, the ques- 

 now In-fore the tribunal is, whether you have jurisdiction to ascertain 

 clare compensation because of American fishermen buying bait, 

 supplies, and transshipping cargoes within British territory. 

 Jtion, as has been well said, finds its charter in the Treaty 

 isbington. ^ ithout rereading the words which have been read, 

 warn, I think I give truly the substance and meaning of 

 *ay that there having been mutual cessions relating to 

 one side claiming that it has ceded more than it has re- 

 lue, it IB agreed that your honors shall determine strictly 

 Oreat Britain has ceded more valuable rights to the United 

 ban the United States has ceded to Great Britain. Your hon- 

 detennine or to inquire what rights Great Britain has 



OfM 



