87 



was compelled to withdraw hiu rormor insf ructions, and to give new ones, as follows, 

 under the ciutc of June 27, 1S70 :— 



" I'litil I'mtliri' iiiHtnu'tiiil, tliiii'cI'Di'c, you will iini iiiterlVMu^ with any Aiiunican lisliorineii, iinliws 

 1111111(1 wiiliiii ilirci' mill's ul' iUv hIiiU'c, nr within Ihicr inili's nl'ii \[\\r ihiiwn m toms tlin niniith nl' ii hiiy 



or c'l'i'i'!;, ii'li'hli, l/miii/li in jidi'/i iiinn l/imi ■■ii.i III Hit iriilr, is /r'x.'V //mil si.r i/iii(/riiji/iiiiil iiiilii iii iriillli 

 nt i/.i iiiimlli. Ill iliti I'liHc III' any olhi'V Imy, — um Itny den Chiilt'UiH, I'm' cMiiiiiih', — ynu will nut iliti'i- 

 I'crd with liny I'liiti'd Sliiti:i' llshiiif,' vi'hmcI nr liout, nr iiny IIsIkmmiicii, unhsu llicif a ir /mi ui/ irilliin llinr 

 iiiiliK iif Hit s/iiirr." 



In connection witii and as n part of this case, the United Btates submit to tiie 

 CommiHsion a Hrief, cxiiibiting more fully tlie history of this controversy, and the 

 authorities upon it, which conclusively show that the instructions just quoted 

 correspond exactly with the well-estubiisiied rules of international law. It is not 

 doubted tiiat the instructions given were carefully framed with a view to precise 

 conformity with these rules, and in order tliat Great Britain might claim no more 

 than it was prepared to concede to all foreign Governments, in dealing with a 

 (picstion of great practical importance. 



The United States believe that Her Majesty's Government are now in full 

 accord with their own on this subject, and that all more extensive claims formerly 

 rnado are regarded by it, in the recent and forcible language of the Lord Chief 

 Justice of Kngland, "as vain and extravagant pretensions, which have long since 



given way to the influence of reason ancl common sense These 



assertions of sovereignty were manifestly based on the doctrine that the narrov 

 seas are part of the realm of Kngland. But that doctrine is now exploded. Who 

 at this (lay would venture to alKrm that the sovereignty thus asserted in those 

 times now exists ? What Englisii lawyer is there who would not shrink from 

 maintaining, what foreign jurist who would not deny, what foreign Government 

 which would not repel, such a pretension?" 



II. 



Having ascertained the extent and limits of the privileges accorded to the 

 United States by Article XVIII, it is next necessary to state what are the privileges 

 accorded to Her Majesty's subjects by Articles XIX and XXI of the Treaty of 

 Washington. For Article XXII, which defines the powers and duties of this Com- 

 mission, and constitutes its sole authority to act, expressly directs it to have 

 "regard to the privileges accorded by the United States to the subjects of Her 

 Britannic Majesty, as stated in Articles XIX and XXI." 



By Article XI.X British subjects acquire, for tiie same term of ye.ars, identically 

 the same privileges, and upon the same restrictions of landing to cure fish and dry 

 nets, and of fishing on the eastern coasts and shores of the United States north of 

 the 39th parallel of north latitude, and on the shores of the adjacent islands, and 

 in the bays, harbours, and creeks of said sea coasts and shores, without being- 

 restricted to any distance from the shore ; as by Article XVIII had been accorded 

 to United States' fishermen in regard to the territorial waters of the Atlantic coast 

 of British North America. Mutatis mutandis, the privileges conceded by each side 

 to the other are of the same character, and expressed in precisely the same 

 language. 



Article XXII is as follows: — 



" It is ngreed tV t, for the term of ycaw mentionfid in Article XXXIII ol' this Treaty, liah-oil and 

 (ish of uU kinds (except tish of the inland lakes and of the rivers fulling into them, and except 

 lish preserved in oil), lieuif; the ]pi'(iili;i e of the lisheries of the United States, or of the Dominion 

 of Canaiht, or of Prince Edward's Island, shall l)e aihuitted into each country, respectively, free of 

 duty." 



The right to admit fish and fish-oil, free of duty, from the United States into 

 Canada and Prince Edward's Island is regarded in the Treaty as of such insignifi- 

 cant and inappreciable importance that no account is to be taken of it in the esti- 

 mate and iidjustment of equivalents which the Commissioners are directed to make. 

 But the right granted to 4,000,000 of people, a large portion of whom find their 

 chief industrial interest and source of wealth in the Fisheries, to import fish and 

 fish-oil for twelve years, duty free, into the markets of a nation of 40,000,000 of 

 inhabitants, the Commissioners are directed to weigh and appreciate. The magni- 

 tude and value of this privilege will be considered hereafter. 



[280] O 



