192 



this case. As'to tlu* technical arn;nnicnt, if we arc to jro inio it, it inipht be insisted : 

 first, that, untler the Treaty of 181S, if a fisherman went into a Colonial port, and 

 bought a load .', loal for iiis cabin stove, he violated the Treaty, because it only 

 gave liiiu the rip;ht to tjo in and buy wood ; or when a tisherinan boiifjht ice, he was 

 oidy buvin^- water in anotiicr sliape. and therefore that when he had the rig;ht ti) 

 biiv water, he had (he rij^ht to i)iiy ice. I » > not, however, suppose that this is the 

 kind of arguments your Honours propose to consider. It appears to me that if we 

 look at the history Of this iie^oMalion, we sec witli perfect distinctness what the 

 Commission is intended to do. When the Mif^h Commission met, and the (piestion 

 of tlie fisheries came u|), what was tlie condition of the facts? \Ve were annoyed 

 and worried to death bv our fisiiermen not ixing; allowed to f^o within three miles of 

 the Canadi.in sliore, and by their beinj:; watched by cutters. The idea of not being 

 allowed to buv l)ait. lish.and icc. which we had done ever since the fisheries existed, 

 never crossed our minds. We knew what had been the established custom for over 

 lialf a century, from the earliest (wistence of the lishcries. We read your advertise- 

 ments olferin!> all these thini;s for sale, as an inducement to come into your |)orts. 

 We had the declaration of Her iMajcsty's Colonial Secretary, that whatever might 

 be tile technical rij;lit. he would not consent to Colonial legislation, which deprived 

 us and yon of this natural and |)rorital<le exchange, and we knew that in the extreme 

 application of your laws, you had not attempted to confiscate or punish United 

 Stales' lishermen for such purchases. It never occurred to us that this was a ques- 

 tion in discussion. \\'hat wc wanted to do was to raise the (piestion as to the inshore 

 fisheries. That was the only (juestion we were considering, and so f.ir from raising 

 any cpiestion about it, what is the instruction of the liritish Government to their 

 negotiators 'i* It was as follows: — 



"Tlic l\V(i cliii'i' inicstiiiiis iii'p : As til M'lu'tlicv llic eN]nvssii)n, ' tlivcc iiinriiu' iiiili's dl' any nl' tlin 

 I'oiists, liiivs, creeks, iir liiirlinms 111' Ifi'i- I!ritiiniiii' Majcsly's (li)iiiiiiii)iis' sIkhiM lir tiiUi'ii In iiicnn ii 

 liuiit of tiiicc mill's I'liiiii till' cimst liiii'. nr ii liiiiit nl' tlircc iiiilrs tVoiii ii liiu^ iliiiwii I'lmii Iiciiiliinul to 

 lii'MilliMul ; ami wlu'llicr llif pinvisn tliat ' llio Aiiii'vii an lislii'i'liicli shall lii' ailiuilli'il In ciiler siirli hiiy.s 

 (11- liavliiiui's I'ni' till' |iiii|iiisi' nl' slii'lU'i', ami nt' n']iaii-iiiL; ilaiaa;,'i's tlicroiii, of inircliasiiii; wihkI, ami of 

 obtaiiiiiii; walri'. ainl I'nr iin otluf laii'iiosi' wliati'vcr,' is iiiti'mlcil In cxchiili' .\im'iii.'aii vi'ssels t'roiii 

 coiuiii'_' iiislinri' In Irallli'. lraiisslii|i lisli, ]iui'riias(> stm'i's, hire sfaiiit'ii, Siv. 



■• Hi'i' Majesty's ( "•nvi'riiiin'iil wniilillic u'lail In Irani lliat ynu wri'i' alilo In avrivi' at a I'niicliisive 

 tltiili'i'slamlili'i witli till' Coliiliiissinni'is of tlii' I'liili'il Stairs !i)inii tlif ilis|iiiti'il iiit('r|ii'('talinii of 

 till' Cniivi'iilinii nf 1 S I ,S ; 1ml tl ley fear that ynii will liml it rxju'ilii'iit- tliat a si'llli'iiu'iil. shniild he 

 iinivi'il al liy smiii' ntlii'i' iiii'iiii'--, in which rase tlu-y will he ]in'|iari'il Inr tiic whnlc i|iii'stinii nf the. 

 relatinii.s hclwei'ii the riiited Mati's ami thi' liritish ]iiisst'ssiniis in Xnrth Anieiii'a, as ii';;ai'ils the 

 tishi'rii's, licinu: rcfi'iii'il, f..i' nmsi'li'i-atinii ami iiii|uii-y, In an Inli'inaliniial Cnniiuissinn, nil whii.'h two 

 ("niniaissiiin''i-s to lie hi'ii'aflrr a]iiii'iiit('il, in rnnsiiltatinn with tlir ( Invi'i-iiiiicnt nf thi' liniiiininn, sluailil 

 lie till' r.fitisli Ii'i'incsentativcs." 



Xow, what was tliat but .in instruction not to trouble themselves with the very 

 (picstioiis wc .'ire arguing here to-day. but to go and settle the question on some 

 basis wliieli wniijd not involve anv sucii discussion'.' And what did wc do? W'e 

 said. "The (piestion is between tsvo inshore fisheries. W(> tiiink our inshore fishery 

 is worth something; you think voiir inshore fishery is worth something. We give 

 you leave to lisli in ours, and we will admit lisli and fish-oil free of duty, and make 

 the matter prettv much v.n ccpiality. If that is not sulhcient, take three honest- 

 minded gentlemen, and convince them that your fisheries are worth a great deal 

 more th.ui ours, and we will pay the difrereiice ;" and so we will, without any hesi- 

 tation, if sucii sh.ill be the award upon a full hearing of all that you have to say, 

 and all tliat wc have to say. That is the wiiole (question we have to decide. Take 

 the fishery question tis it stands. If you will demonstrate and prove that when we 

 go into the (iiilf of St. Ltuvrcnce to fish, the privilege is worth a great deal more to 

 us to be allowed lo follow a school of mackerel inshore and catch them, than is the 

 privilege accorded to you to come into our inshore fisheries; if, after comparing our 

 fisiieries witli yours, this tribunal entertains tiie honest opinion that an amount 

 should be (laid by I lie I'nitcd States, the award will be jiaid, and no more words 

 said about it. Wli.it is the use of inifiorting into this subject dilKculties and con- 

 tentions of words, wliicli do not mean anything, after all? The (piestion is whether 

 the ('anadian inshore fisheries are wortii more to us than our inshore fisheries are 

 to the Cana(li:\ns, with the free ini|)ort of fresh fish; and if, after the examination of 

 witnesses, this tribunal holds that our inshore fisheries arc worth a great deal more 

 than the inshore fisheries of the Dominion, then uc will not pay anything. IJut the 

 question submitted to this tribunal is not one that requires a great deal of discussion 

 about Treaties, or a very close examination of words. If we are to go into that 



