157 



An opining speech is not necessary, as the counsel on the other side have 

 shown, but it would be obviously improper to submit this case without a careful 

 review of the testimony which will have been offered on both sides; and this can be 

 clone with much more convenience and thoroughness by an oral speech than by a 

 written argument. To say all that it may be our duty to say, in a printed 

 argument, would be impossible, without swelling ic into a volume of unreadable 

 I)roportions. 



It is our purpose to make the printed argument a comj)lete but concise 

 summary of the contention, a clear statement of the principles involved, and the 

 authorities referred to, accompanied by an analysis of the leading facts of the 

 testimony. This we can do, so as to make it an efficient help to you in your 

 own examinations of the case, if we are not compelled to overload it with all the 

 discussion which the evidence and the case itself suggest, but which we could 

 sufficiently dispose of in oral arp-.ment. 



We would therefore request permission so to distribute the argument on our 

 side as to have the opportunity of submitting our views orally, upon full com par isoD 

 of all the testimony taken. It is no small inducement to make this request, that we 

 believe that upon the close of the testimony we will be able to dispense with much 

 argument which we can scarcely avoid in the present imperfect condition of the 

 testimony. 



Respectfully, 

 (Signed) RICHARD H, DANA, 



WM. HENRY TRESCOT, 



Counsel for United States. 



Mr. Foster said. — As the motion just made involves a departure from the course of 

 procechire adopted by the Commission, to which I assented, it is proper that I should 

 say a few words in reference to it. At the time the rules were adopted, the Commis- 

 sion certainly cannot forget the position in vvhicli I found myself placed. Contrary to 

 my own expectations, and to the expectations of my Government, the Commissioners 

 decided to allow tlie active participation in the conduct of the case of five counsel, 

 on behalf of the five Maritime Provinces. I came here expecting to meet only the 

 Agent of the British Government, and suddenly found I was also to meet five 

 leaders of tlie bar, from the five Provinces. I felt it im|)()rtant not to have five 

 closing arguments against i;.*-. Now that there are counsel here to represent 

 tlie United States as well as the British Government, it seems to me reasonable that 

 such a modilication of the rules should be made as will permit the services of the 

 counsel who have been brought here in consequence of the decision of the 

 Commission, to be made available to the greatest extent. While I should have 

 been quite content to have discussed this matter in writing with the British Agent, 

 finding that I had to meet five counsel, my (iovernment has been obliged to send 

 counsel here, and it seems desirable that we should be able to use them in the most 

 efficient way. 



Then, again, the evidence has assumed a very wide range, and is manifestly 

 going to be conflicting to the last degree, upon some of the points, notably as to what 

 jiroportion ot the mackerel taken by the American fishermen in British waters is 

 taken within three miles of the siiorc. On tliat subject tliere is goins; to be a very 

 great conflict of evidence. I don't believe that such a (juestion can be satisfactorily 

 discussed, either in advance of the reception of the testimony, or in writing after it 

 is ail in. It involves so much detail that the writing, if laid before you, would swell 

 to a bulk tiiat would be altogether unreasonable. I therefore very strongly concur 

 in the application that has been made. 



Mr. Doutre suggested that the British counsel should have time to consider the 

 matter before replying. 



Mr. Foster concurred, and said that was the reason the application and the 

 grounds of it had been put in writing. 



At the Conference held on Wednesday, August 28, 1877. 

 Mr. Thomson.- An application was yesterday made to the Commission. I 

 was not present at the time, but I have seen the written proposition, and 

 I iMulerslanrl that it was an application made to your Excellency and your 

 Honours for the purpose of altering the rules. On behalf of Her Majesty'.s 

 Government— I am also now speaking the mind of the Minister of Marine 

 [280] Z 



