AWARD OF THE FISHERY COMMISSION. 1723 



of one of tbeir own vessels refers to as " being capable of inliuitctl ex- 

 pansion and development." 



I have shown you how the citizens of the United States have used 

 these fisheries in the past, how they are using them in the present, and 

 the fair and legitimate conclusion that they will draw from them in the 

 future all that capital and energy can bring forth. The " Case filed by 

 Her Majesty's Government," the "Answer of the United States," and 

 the "Reply," with the evidence, is before yon. By that evidence your 

 award will be governed. I ask neither for liberality nor generosity, 

 but I ask for a fair equivalent for the privileges conceded. I have only 

 to add that, when I have seen around me during this inquiry the array 

 of eminent counsel and attaches, as well on the part of the United States 

 as of Canada, when I have felt that no one amongst them had but a 

 general knowledge of that most ancient colony which I have the privi- 

 lege of representing at this Commission, and that I alone am inti- 

 mately acquainted with her resources, and that a fair and true represen- 

 tation of her interests and claim depended solely upon my exertions, I 

 must confess that I have felt a grave responsibility resting upon me; 

 but I cannot sever my connection with this Commission without ac- 

 knowledging how much that burden has been lightened by the courtesy 

 which you have extended, and by the anxious solicitude which you have 

 evinced to obtain all the information necessary to enable you to arrive 

 at a just and equitable award. I have implicit confidence that you will 

 conscientiously discharge the important duty devolving upon you, and 

 I heartily join in the hope that your labors will result in harmonizing 

 any present discordant feelings which may exist among ttose more im- 

 mediately concerned, and the establishment of a lasting peace and good 

 will. 



Mr. DANA. Will your honors allow me one word, in order to set right 

 a matter of fact, to which my learned friend referred, on a matter relat- 

 ing not to testimony or law but to the counsel of the United States. I 

 understood him to say it was generally admitted, by the counsel of the 

 United States here, that Great Britain has a claim for something to be 

 paid, and that the only question was as to the amount. Was I correct 

 in understanding you sof 



Mr. WHITEWAY. Yes. 



Mr. DANA. Then I wish to correct that as a matter of fact. 



Mr. WHITEWAY. It seems to be generally admitted, I say. The lan- 

 guage used by yourself and brother counsel led me to that conclusion. 



Mr. DANA. 'The counsel for the United States, Mr. Foster, Mr. Tres- 

 cot, and myself, all supposed we had said certainly that was our opinion, 

 and what we intended to say that we believed that what (treat Britain 

 or the. provinces received by a guarantee on the part of the United 

 States that no duty shall be laid on fish or fish oil coming from the 

 provinces into the United States for the period in question, exceeded in 

 value what we received by a guarantee from Great Britain that wo 

 might fish within the limits in these British waters ; that is all I wis 

 to set right. There is nothing in the argument of the learned counsel 

 which gives us the least right to claim a reply. I think that he 1 

 confined himself strictly and honorably within the limits of tin 1 plead- 

 ings. 



