1580 AWARD OF THE FISHERY COMMISSION. 



To come within the statute the fisherman most either be fishing or 

 preparing to fish within three miles of the coast. 



Mr. THOMSON. It is a question of construction. It is preparing to 

 fish or fishing within these waters. The preparing to fish is a complete 

 offense in itself, and it is by no means necessary to fish in these waters. 

 Mr. FOSTER. The expression is " within that distance." You think 

 the "preparing to fish" is preparing to fish within the limits, or any- 

 where. 



Sir ALEXANDER GALT. Tlie reason I made the inquiry was with re- 

 gard to the argument of the learned counsel (Mr. Dana), who was hold- 

 ing, as I understood him, that no interference had been made upon 

 these fishing-grounds with American fishermen. It was because I was 

 under the impression that the official correspondence would show that 

 vessels had been seized and condemned that I made the inquiry. 



Mr. DANA. After the long time given me yesterday I feel I ought to 

 do no more than to give a summary of the points upon which I suppose 

 this question will be determined. In the first place, then, this tribunal, 

 in computing compensation, can only take into consideration the value 

 of what is accorded to the United States by the Treaty of 1871, and by 

 the eighteenth section of that treaty. Then the tribunal shall take into 

 consideration the value of what is accorded to Great Britain by the 

 nineteenth and twenty-first sections, debiting the United States with 

 the value of what she gains under the eighteenth section, and crediting 

 the United States with what she accords under the nineteenth and 

 twenty-first sections. The court will perceive how very close and fine 

 this arrangement was made. 



This tribunal is not to ascertain what the United States possessed by 

 treaty or otherwise in 1870, and charge us for what we have gained in 

 addition thereto, by whatever means, or to draw general inferences 

 from the whole treaty, what we may have got and Great Britain may 

 have given, but your honors are to assess the value of specific liberties 

 and rights accorded by the eighteenth section and charge them to the 

 United States, and assess the pecuniary value of certain specific rights 

 and privileges accorded in the nineteenth and twenty-first sections, and 

 credit us with them. 



Moreover, it must be something accorded to us in addition to what 



we had under the Treaty of 1818. Under that treaty the United States 



bad the right to fish, and to land and dry nets, on certain portions of 



the coast of Newfoundland; on the shores of the Magdalen Islands; 



on the coasts, bay?, harbors, and creeks in certain parts of Labrador; 



land and cure fish in any of the bays, &c., in Newfoundland and 



The treaty of 1871 simply gives a territorial extension to 



ft adds no new rights either in terms or by implication. 



* tribunal will be exceedingly careful not to assess com- 



ior any right or privilege which is not clearly so given, and 



L-II, alter compensation has been assessed, may be matter of dispute 



between the two countries. 



If there has been a want of clearness as to what has been conceded 



Britain or conceded to us, neither side can expect to obtain 



MipeDtation lor matters left in doubt. No treaty ever made between 



JtaU-8 and Great Britain on the subject of the fisheries has 



the purchasing o f anything by the fishermen, except it be the 



i, which says American fishermen shall have the right to 



w.Kxl ami procure water. I suppose the reason why the clause 



ted in that form was to show it was not intended that we should 



the right to cut wood, if your honors will examine the treaties 





