137 



ns ie liiniU the mnritiiiie jiirivliction nt the Dominion to tlirae iiiariiie miles of the shorci* thereof, witlt- 

 out rogiird to intt'niutioiial umik)\ wiiirh cxteiidii such jiiriwiictioii over rreek.s mid Imy.s, nr to thu .itipu- 

 latioiw of tlu) Treikty of 181H, iii whicii the I'liiteJ StaUts n'liouiicc thi' ri^'IU of Hshiii^ within tlireo 

 mile*, not of the cotist only, but of the buys, tiveki* und liurlwurs of Her Muji!sty'n tloniinions in 

 Aniuriua" 



In the quotation ^iven in the Answer Trom the instructions issued from time to 

 time b^ f'er Majesty's (lovcrnmcnt and the Minister of Marine and Kishcries of the 

 Dominion of Canada, to the commanders of Government vesHcis en^ap^ed in 

 protecting the fisherio!', no mention of the express reservations whicli were invari- 

 ably inserted of the rights «»f Her Majesty's (Jovernment under the Convention of 

 1HI8 is made; and it is deemed at present siiilicicnt to call the attention of the 

 Commission to th«>sc omissions anri to the text of the instructions themselves, uhere 

 they will be found fidly and clearly made. 



It is confidently suliniittcd ai\d urged on the part of Her Majesty's Government, 

 thut it is not " the nwuiirest duty of the Commissioners" to award compensation on 

 the basis of " the pracllral eulnnt of the iirivllt'ijes fitjoijeri hu Amriiciin Jialvrmen 

 nt and before the Trentij of [Vti.ihimjton," unless those privileges were enjoyed 

 lcg;ally, as a matter of right, and not tempomiMly. '»:id by the favour of (i real; 

 Britain ; and it is further urged that the true and ecpiitable basis upon which tlie 

 Commissi(nicrs should proceed, is that of the legal status, at the dale of the Treaty 

 of Washington, of American iishermcn in Hritish waters under the (-"onvenlion of 

 1818. 



The quotation from the Judgment of the Lord Chief Justice of F^ngland in the 

 case of the " Kranconia," already alluded to, has no reference whatever t(» any 

 subject involved in this inquiry, but to a question of an entirely dill'crent character; 

 and it is sulKcient to call the attention of tiie Commission to tlie .Judgment itself, 

 from which the ({uotaiion is made, reported, L. R., 2 Kx. Division, page 03, to prove 

 its utter irrelevancy. 



The attention of the Commission is called to the Judgment of the Judicial 

 Committee of the Privy Council, delivered the 14' h February, IH77, in the case of 

 the Direct United States' (!able Company against the Anglo-American Telegrapli 

 Company, in whicli Judgment tlie following language is used : — " There was a Con- 

 vcntion made in 1818 lietween the United States and (ireat Britain, relating to the 

 lishcries of Labrador, Newfoundland, and His ^lujesty's other possessions in North 

 America, by which it was agreed that the fishermen of the United States should have 

 the right to fish on part of the coast (not including the part of the Island of 

 Newfoundland on which Conception Bay lies), and should not enter any * bays' in 

 any other part of the coast, except for the purpose of shelter and repairing damages, 

 and purciiasing wood, and obtaining water, and no other purposes whatever. It 

 seems impossible to doubt that this Convention applied to all bays, whether large or 

 small, on that coast, and consequently to Conception Bay." 



H. 



Section 2 of the Answer is devoted to a consideration of the reciprocal privileges 

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

 Washington, and contests the right of the Colony of Newfoundland to be considered 

 in the sum to be awarded. 



In this section it is contended that no account is to i)e taken of the ris^ht "to 

 admit fish and iish oil free of duty from the United States into Canada and Prince 

 Edward Island in the estimate and adjustment of equivalents which the Commis- 

 siQners are directed to make." This pro|)03ition is not assented to, but, on the 

 contrary, it is contended that the Commissioners cannot ignore these concessions 

 " in their adjustment of equivalents." Article XXII of the Treaty provides that, 

 having regard to the privileges accorded by the United States to the sui)iects of Her 

 Britannic Majesty — as those privileges are stated in Articles XIX and XXI — the 

 Commissioners shall determine the compensation to be paid by the L^nited States to 

 Her Britannic Majesty, in return for the privileges accorded to the citixeiis of the 

 United States under Article XVIII. It is contended in the Answer that the privi- 

 leg-es accorded by the United States to the subjects of Her Majesty, and having 

 regard to which the amount of compensation is to be awarded, are the absolute 

 benefits which Canadians will derive from the free admission of their iish and Hsh oil 

 into the United States, without regard to the reciprocal rights of the citizens of the 

 United States to the free admission of their Iish and Iish oil into Canada. Such a 

 [280] T 2 



i 



