1784 AWARD OF THE FISHERY COMMISSION. 



views on the two chief objections to the late Treaty of Washington, the committee of the- 

 Privy Council will proceed to the consideration of the correspondence between Sir Edward 

 Thornton and Mr. Fish, transmitted in the Earl of Kimberley's dispatch of the 17th of June r 

 and of his lordship's remarks thereon. This subject has already been nnder the considera- 

 tion of the committee of the Privy Council, and a report, dated the 7th June, embodying 

 their views on the subject, was transmitted to the Earl of Kimberley by your excellency. In 

 his dispatch of 26th June, acknowledging the receipt of that report, the Earl of Kimberley 

 refers to his dispatch of the 17th of that month, and " trusts that the Canadian Government 

 will, on mature consideration, accede to the proposal of the United States Government oil 

 this subject." The committee of the Privy Council in expressing their adherence to their 

 report of the 7th June, must add, that the inapplicability of the precedent of 1854, under 

 which the action of the Canadian Parliament was anticipated by the government, to the cir- 

 cumstances now existing appears to them manifest. The Treaty of J854 was negotiated with 

 the concurrence of the provincial governments represented at Washington, and met with 

 the general approbation of the people; whereas the fishery clauses of the late treaty were 

 adopted against the advice of the Canadian Government, and have been generally disap- 

 proved of in all parts of the Dominion. 



There can hardly be a doubt that any action on the part of the Canadian Government in^ 

 anticipation of the decision of Parliament would increase the discontent which now exists. 

 The committee of the Privy Council request that your excellency will communicate to the 

 Earl of Kimberley the views which they entertain on the subject of the Treaty of Washington 

 in so far as it affects the interests of the Dominior. 



WM. H. LEE, 

 Clerk Privy Council, Canada. 



Now, here is a statement made by the Privy Councilors, on oath as 

 Privy Councilors to give the best advice to the governor-general; and 

 they state that the opinion they are abut to give is in accordance with 

 public opinion in all parts of the Dominion. There was no new election' 

 after that opinion was given, and before the debate in which the 

 speeches were made that have been quoted. There was no change in 

 public opinion, as evidenced by a new election, and the return of other 

 persons to the House of Commons tp represent that change. It was the 

 same House. The same members were present, and the same Privy Coun- 

 cilors heard and participated in that debate ; that is, those of them 

 that were members of the House of Commons. Now, here is the authori- 

 tative declaration of the opinion of the members of the Privy Council,, 

 and that opinion is expressed, not simply as the private individual 

 opinion of these councilors, but as a reflection of the public opinion of 

 the whole Dominion, that this treaty did gross injustice to British 

 North American interests. And in that opinion Sir John A. McDon- 

 ald, whose speeches are quoted here against us, agreed. Mr. Trescot, in 

 citing that minute of council, to my mind cited the best evidence that 

 could be adduced in favor of the British claim. 



I admit you have nothing to do with the question whether or not this 

 treaty satisfies the countries interested in it, whether it satisfies the Do- 

 minion or whether it is unsatisfactory to the United States. That is 

 not the question. That is all over and past, and you are here for the 

 purpose of determining the difference in value between the advantages 

 conceded to the United States and those conceded to the Dominion of 

 Canada by the fishery articles of the Treaty of Washington. I only 



iake these observations for the purpose of saying that it is wholly im- 

 possible for the United States to show, as they have attempted to do in 



eir Answer, by the speeches of Canadian statesmen, that all the advan- 

 tages of the treaty are in favor of the Dominion. I will, therefore, pass 

 to another branch of the subject, but before doing so I wish to revert for 



moment to the question as to the Bay of Fundv, to which 1 referred a 

 few momenta ago. I desire to cite a letter addressed on the 6th of July, 



o.j, by the then Secretary of State of the United Starts, Mr. Marcy,. 



