1808 AWARD OF THE FISHERY COMMISSION. 



these laws, which we know perfectly well were passed for the purpose 

 of preventing us having these rights, and passed for the purpose of pre- 

 venting us entering these waters, the United States will back us up, for 

 she has said so through her counsel." I deprecate that language very 

 much. 



In this connection I will point out some other sentences from which 

 I entirely dissent for the same reason. I will take the following state- 

 ment, wliich will be found on page 71 of the argument : 



There was, at the same time, a desire growing on both sides for reciprocity of trade, and 

 it became apparent that there could be no peace between these countries until this attempt 

 at exclusion by imaginary lines, always to be matters of dispute, was given up until we 

 came back to our ancient rights and position. It was more expensive to Great Britain than 

 to us. It made more disturbance in the relations between Great Britain and her provinces 

 than it did between Great Britain and ourselves ; but it put every man's life in peril ; it put 

 the results of every man's labor in peril ; and for what? For the imaginary right to ex- 

 clude a deep-sea fisherman from dropping his hook or his net into the water for the free swim- 

 ming fish that have no habitat, that are the property of nobody, but which are created to be 

 caught by fishermen. 



I again say that these views might possibly be properly advanced by 

 high commissioners appointed to settle upon new treaties between na- 

 tions; but in respect to a definite treaty, which cannot be altered, and 

 over which this Commission has no power whatever, this language ought 

 never to have been uttered. 



Again, on page 72, we find the following: 



That, may it please the tribunal, is the nature of this three-mile exclusion, for the relin- 

 quishment of which Great Britain asks us to make pecuniary compensation. It is one of 

 immense importance to her, a cause of constant trouble, and, as I shall show you as has 

 been shown you already by my predecessors of very little pecuniary value to England, in 

 sharing it with us or to us in obtaining it, but a very dangerous instrument for two nations 

 to play with. 



Xow, 1 cannot conceive why any danger should exist in connection, 

 with any solemn agreement made by two great nations which clearly 

 understood their respective rights under that agreement. I am not now 

 talking of the headland question at all. I am not discussing that; but 

 there is an explicit agreement that these people shall not enter within 

 three miles of the land, and how that became a " dangerous instrument," 

 unless one or other of the parties to it intend to commit a breach of it, 

 I cannot understand. Of course Great Britain does not intend to com- 

 mit any breach of it, because she gained no privilege under it; and un- 

 less the United States fishermen intend to violate it, and the United 

 States intend to uphold them in committing this breach of international 

 law and this breach of faith, 1 cannot see where this "dangerous instru- 

 ment" is. 



Mr. DANA. Does the learned counsel refer to the present treaty. 



Mr. THOMSON. O, ceratinly not. As I stated at the outset, I cannot 

 perceive why this language was used at all, because, under the treaty 

 by virtue of which you are now sitting, there is no question about this 

 at all. The Treaty of 1818 has nothing to do with this inquiry, except, 

 indeed, showing how Americans were formerly excluded from the limits, 

 and, therefore, what privileges they had under it. 



So, on the same page (72) he says, after alluding to the abrogation of 

 the lieciprocity Treaty: 



Wo were remitted to the antiquated and most undesirable position of exclusion; but we 



tion only live years from 18(56 until J 871 until a new treaty could be 



e while longer, until it could be put into operation. What was the result of 



.urmng to the old system of exclusion 1 Why at once the cutters and the ships of war that 



re watching these coasts spread their sails; they stole out of the harbors where they had 



Men; they banked their fires; they lay in wait for the American vessels, and they 



liem from headland to headland and from bay to bay; sometimes a British officer 



