170 



supplies, &!'., iiiul from lieiiii,' ullciwed to imiisslii]) ciiiiidcs in l>iili'<li wiilors, ilo not coustituti! a 

 fouudatiou tor nwind "f (.■iiMiiii'iH:itii)ii. and slinll Uc wlicilly ivcIimIiiI !iniii ilu' (Miiisidi'viilinii df tliis 

 tribunal." 



V i 



. it 



rfS 



le object, niiiv it picase the Commission, of tlii;? motion, is to obtain, if it be 

 ?, and place on record, a decision declaring- tlie limits of ymir jiniMliclion, 



The 



possible, 



and thus to eliminate from the investigation matters wliicli \vc iielievL' to be imma- 

 terial, and beyond the scope of the powers conferred upon yon. The XXIInd 

 Article of the Treaty of Washington is the charter under which we are acting, 

 and this provides that — 



" Innsnuicli ns it is nsscntcd liy tlio (inv<'iiiiii('nt nl' llci l!ritiiinii(' Mnjcsty, tlint tliu iiiivdpjjt'fi 

 ncponied to tliu citizens of tliu United Stutcs, undir Articli' Will ul this Trcaiy iirc oi' Lrrciilcv viduc 

 than tiiast) accorded liy Articles XIX and XXI of this Tveuty ti tin- sulijtits nl' licv liiiianiiic Mnjesty, 

 and this assertion is not admitted liy the (loxernniem of tlu^ United States, it is liiilher a;,'reed lliat 

 Comnussioners shall he ajipninted to determine, haviiiLj re;,Mrd to the iirivih"4es aeeonled liy ihi^ 

 I'nitod States to tlie suhjects of Hit I'lritaiinir Miijesty. ns slated in AitielesXIX and XXInfthi.s 

 Treaty, the iniiomit of any eoiii]H'nsatiiiii, wliieli. ie tlieir n]iinion, oii'jlit to lie imid hy the (lovernirent 

 of tlu! United Sl,itp« to the (ifivoriniient of Her lirilMnnie Majesty, in retinii lor ilie jirivile'.'es ac<'orded 

 to the cili/ensof tin- United Slntos under Article XVII I of tliis Treat v." 



The subject of our investigation, then, is the amount of any compensation 

 which ought to be paid by tiie United States to Her Majesty, in return for the 

 privileges accorded to the citizens of the United States under Article XV MI of the 

 Treaty, and that is all. The other Articles referred to in this section. Articles 

 XIX and XXI, are set-olfs, or etpiivalents. received by Her .Majesty's subjects 

 for the Concession made by Her Majesty's Government to Uiiiled States' citizens 

 under Article XV'HI. When we linn to Article XVIII we find that the High 

 Contracting Parties agreed as follows : — 



" It is a;,'rced by the High ContractiiiLT Parlies that, in achlition to tlu' liherty secured to thfi 

 United States' lislierinen hy thi! CouvenlioM lieiwi en (!real I'riiiiin and the Uiiiteil States, sii,'ned at 

 London on llie l^lMh day of Octolier. 181S, ot' tiikiiiL'. tinin;.'. and drying,' lisli on ceitain coasts of the 

 British North .Vnierican Colonies tlurein defined, the iidialiitiinis of the United States .shall hiive, in 

 coinmon with tlie sulijects of Her I'rilannic Majesty, the liheity for the term of yi'ius nienlioned in 

 Article XXXUI of this Tretity, to take lisli of e\ery kind, exeeiii shell-tisli. on the .sea-co;isls niul 

 shores, and in the bays, harboiu-;, and creeks of the I'roviiices of (jUiebee, Nova Scotia, ami Xew 

 Brunswick, and the Colony of rriiice Kdward Ishind, and of ihi! several isluiids therennio ailjiicenl, 

 without bein;,' restricteil to any distance from tlie shore, with )ierniission to land ujion the .sc d coasts, 

 and shores and islaiuls. and also n]ion the Maiidah'ti islands, for the ]mr]ioK<^ of drying their nets ;ind 

 curini! their lish: ])rovideil tlml, in so doing they do not interfere with the lights of jirivate iiropertv, 

 or with British tishermen. in the iieacenlile use of any jiart of the s;tid coasts in their occiiimnry fur the 

 same ]uirpo.se. It is nnderstooil tliiit the above-mentioned liberty aiijilies solely to the sea lisliery. and 

 that the salmon and .shad lisheries. and idl other tisheries in rivers ,'ind lla? mouths of rivers are hereby 

 reserved o.xclusively for Britisli lishermeii." 



The concession made to the citizens of the United States is the right to fish 

 inshore without being excluded three miles from the shore, as they were e.Ncluded 

 by the reminciation contained in the Treaty of 1818. It gives tlie further right to 

 land on the coasts and shores and islands, Uiv the purpose of drying nets and curing 

 fish, provided that in so doing they do not interfere with tlie rights of i)rivate 

 property for British fishermen, liaving the peaceable use ol' any part of the stiid 

 coasts in occupancy for the same piuptise. The liberty of inshore lishing, and that 

 of landing on uninhabited and desert coasts, where no private rights, or rights of 

 private property will be interfered with, for the two purposes of (lr\ ing tiuir nets 

 and curing their fish, are all the concessions which Article XVIH contains. \ow. 

 as we understand it, the jurisdiction of this Commission extends to appraise 

 tliese two privileges, and nothing more, but the British claim si.'cks coniiiensa- 

 tion for various incidental advantages, and a variety of other considerations. Tlie 

 inhabitants of the United States traffic with the Colonists. Tliey buy ice of them, 

 they buy of them fish for bait, and the\ buy of them other supplies. They have 

 commercial intercourse with them, they sell to tiiem small eodtisli, better ad.ipted 

 for the British markets than those of the United States. They exchange lloiir, 

 kerosene, and other necessaries of life with the British fishermen, receiving in reliirii 

 bait and fish. For all these things conipensatiuii is demanded at your hands. 



In addition to that, every description of damage that has been done, or which 

 may be done hereafter by our fishermen, is made the Inundation of claims for com- 

 pensation. The Treaty speaks of compensation to be awarded in return for privi- 



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