1588 AWARD OF THE FISHERY COMMISSION. 



her waters; while, by the Washington Treaty, compensation in money, 

 exclusively' of the free admission of fish, is to be made the measure of 

 the difference in value ; therefore I quite believe that the intention of 

 the parties to the treaty was to direct this tribunal to consider all the 

 points relating to the fisheries, which have been set forth in the British 

 rase. Hut I am now met by the most authoritative statement as to what 

 were the intentions of the parties to the treaty. There can be no stronger 

 or better evidence of what the United Stares proposed to acquire under 

 the Washington Treaty than the authoritative statement which has 

 been made by their Agent before us here, and by their counsel. We 

 are now distinctly told that it was not the intention of the United States, 

 in any way, by that treaty, to provide for the continuation of these in- 

 cidental privileges, and that the United States are prepared to take the 

 whole responsibility, and to run all the risk of the re-enactment of the 

 vexatious statutes, to which reference has been made. 



1 cannot resist the argument that has been put before me, in reference 

 to the true, rigid, and strict interpretation of the clauses of the Treaty 

 of Washington. I therefore cannot escape, by any known rule concern- 

 ing the interpretation of treaties, from the conclusion that the contention 

 offered by the Agent of the United States must be acquiesced in. 



There is no escape from it. The responsibility is accepted by and 

 must rest upon those who appeal to the strict words of the treaty as 

 their justification. I therefore, while 1 regret that this tribunal does 

 not find itself in a position to give full consideration to all the points 

 that may be brought up on behalf of the Crown, as proof of the advan- 

 tages which the United States derive from their admission to fish in 

 British waters, still feel myself, under the obligation which I have in 

 curred, required to assent to the decision which has been communicated 

 to the Agents of the two governments by the president of this tribunal. 



IV. 



CLOSING ARGUMENT OF HON. DWIGHT FOSTER ON BEHALF OF THE 



UNITED STATES. 



(iENTLEMEN OF THE CoMmssiON : It becomes my duty to open the 

 diacuttion of this voluminous mass of evidence, which "has occupied 

 our attention through so many weeks. It is a satisfaction to know- 

 hat many topics, as to which numerous witnesses testified, and over 

 a much time has been consumed, have been eliminated from the 

 igation, so that they need not occupy the time of counsel in argu- 

 they are sure not to give any trouble to the Commissioners in 

 ; at their verdict. The decision of the Commission, made on the 

 September, by which it was held not to be competent for this 

 I to award compensation for commercial intercourse between the 

 tries, or for purchasing bait, ice, supplies, &c., or for permission 

 hip cargoes m British waters, is based upon the principle the 

 unrip e, perhaps, 1 may properly say that no award can be 

 tribunal against the United States, except for rights which 

 ttqnire under the treaty; so that, for the period of twelve years, 

 i-long to our citizens, and cannot be taken from them. For ad- 

 conferred by the treaty, as vested rights, you are emnowered 

 U) make an award, and for nothing else. 



e question before you is whether the privileges accorded the citizens 



