I 



136 



sions upon these three last-named articles for the term oF years over which the 

 Treaty extends, aFter deducting the duties upon the same articles when imported 

 into Canada from the United States; and upon the principle enunciated as an axiom 

 in the Answer of the United States, it may be fairly assumed that this sum of 

 17,000,000 dollars is the value which the United States' High Commissioners them- 

 selves placed upon the fishery privileges which they obtained for their country under 

 the Tioaty of Washington, over and above the privileges concedetl to Cireat uritain. 

 and now enjoyed under the Treaty. 



TAUT II. 



NEWrOUNDL.VND. 



In the Answer to the Case, it is contended that " In regard to Newfoundland no 

 special remarks seem to be required at this point, except that by Article XXXIl the 

 provisions and slipnlaiions of Articles XVIII to XXV inclusive arc extended to that 

 Island, so far as they are applicable. Hut there is no previous mention of New- 

 foundland in the Treaty ; and it seems a strained and unnatural construction of 

 Article XXXII to hold that by this general language it was intended to make the 

 provisions as to this Commission applicable thereto. The United States assert that 

 the jurisdiction of the ('ommissioners does not extend to inquiring whether 

 conipcnsatitm should be made for the in<»horc fisheries of that Island, both because 

 the language of the Treaty docs not authorize them to d«» so, and because the 

 extensive rights to the inshore fisheries of that Island, and to dry and cure fish upon 

 its shores, already possessed by the United States untler the Ccmvention of 1818, 

 render it extremely improbable tliat any ideaof i)ossible compensation to that Island 

 could have been entertained by either of the iligh Contracting Powers when the 

 Treaty was framed." 



This contention on the part of the United States, to e.\cluile from the jurisdic- 

 tion of the Commissioners the claim of the Colony of Newfoundland for compensation, 

 is submitted to be wholly untenable, and it can scarcely be supposed that such a 

 position is intended to be seriously urged by the United States. It will be seen by 

 reference to Article XXXIl that it is provided that — " The provisions and stipulation's 

 of Articles XVIII t(» XXV of this Treaty, inclusive, shall extend to the Colony of 

 Newfoundland, as far as they are applicable." If it had been contemplated to exclude 

 Newfoundland from a claim for compensation, the provisions and stipulations of 

 .Articles XXII to X\V inclusive, which have reference only to tiie assertion of the 

 liritish claim for compcn.sation, and the mode of adjustment thereof, wouhl not have 

 hecn expressly extended to Ncwfoiindhuul, but the Articles XVIII to XXI inclusive, 

 would have been alone sufficient for securing the mutual concessions therein contained. 

 No language conhl have been employed more plainly providing for the right of 

 Newfoundland, conjointly with the Dominion of Canada, to claim compensati«m for 

 the greater value of the concessions as regards the Colony made to the United 

 States over those conceded by the latter to Newfoundland. The assertion matle 

 that the United States possessed extensive rights to the inshore fisheries of 

 Newfoundland appears to render it desirable that the nature and extent of theoe 

 rights should be; clearly placed hcfore the Commissioners By Article XIII of the 

 Treaty of Utrecht, a.u.' 1713, it is stipulated : — 



" Tlic Islunil ciilli'il N'lwtniiiiilliiiiil, witli till' ncljiiccnt islantls, sliiill, fioiii tliin time fonvnni, ln'IoiiR 

 i.r li'.'lct wlidlly to (iriiit llriliiiii ; ami to llial I'lnl tin' town ami l(prtit'.s.s of I'laii'iitia, iiml wlialcvur 

 iilln'i' (ilacc's ill till' suiil Islainl arc in tlic |iosscssioii of tlic l-'ri'nrli,.sliall Ik; }'i*'lili'il ami ;^ivcii up williin 

 Kcvfii iiioiitlis IVoni till' cxiliaiiv'i- of till' ratiliialions of this 'I'rraty, or sooiii'i, if iiossiMc, liy tin- Most 

 ( 'liii-liaii Kill!,', lo tlio.-i' wtio )iavi> a i ciiumi'^sion fioiii tlii' Kiiij; of tiical lliitaiii for that, jmiiio.si' 

 Nor sliall tlir Most Cliristian Kin;.', liis lii-irs ami smcf.ssois, or any of tln'ir suIpji'iIm. at any tiim( lii'ii'- 

 aftcr. lay ilaiiii to any rivlit to tlif siiiil IvlamI anil islands, or to any jiart of it or tlicni. Mon'ovor, il 

 simll not lie lawful for 'An- <\\\[\w[s of Krami' to fortify any iiliui' in tlio saiil Islaml of Ncwfoiimllaml, 

 «ir to erect any laiiMinL"< lliere. Iiesiiles sla|,'es nmili; of lioanls, ami lints neie.ssary ami usual for ilryiii'.; 

 (if tikli, or t(i ivsoM to the saiil h'aml, heMinil tiio time necessary for llshiUj,' r.ml dryiiit; of lish, liiii 



