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tran8slii|)|)iiio; ('.iriyocK within nritisli territory. Your jiirindiction, as has l)een 

 well s.iiii, liiiiis its clijirtcr in the Trciity ol' Wiisliirif^loii. VVitlioiit roreiidiii'^' the 

 words, whii'h have l)eeii rend, iLii/iif ad ninmcum, I think \ <ifive truly (lie substance 

 and nieaiiiiijL;- of ihem, when I say, that there iiavini;- i)e('n mutual. cessions relating? 

 to tisheries, and oni! sid(! ehuminn' that it has ceded more than it has rtn-eived in 

 value, it is ai;reed that your Honours shall (h^ti'rminc? strictly tliis, whether (ii'cat 

 Mritain has i-eded more? valualtle rii;hts to i\w United States, than iIk; United States 

 has ceded to (i.-eat llritain. Vour Ihtnours arc not to determine, or to in(|iiire, what 

 rights (ircal IJritiin has |)crmitt(!d the United States to exercise indi-|)endenlly 

 of the Treaty, liow(!ver nearly they may i)e connected with tlie (isheries, and 

 however important they niay he to tisiierinen. ft must he somethinj;; which (Jreat 

 Britain has ci'dcd Iiy the Treaty of INTl, or you have notliinu; to do with it; what- 

 ever was done, at however ^'reat a loss to (Ireat IJritain, and however i;i'eat a 

 ix'netit to the United Stales, you have hut to compare tile two matters w hicli have 

 been ceded hy each side in tiie Ticaty ol' isjl, and (hid whether one is more valualilc 

 tlian another, and, if so, how much more valuahle. Therefore we are l)rou^;ht to 

 this (juestion : Docs t lie Treaty of IH7I ;>'ivc to t!ie United States the ri;;lil to buy 

 bait, ice, provisions, su|)pli('s lor vessels, and to transsiiip carj^'oes within llritisli 

 dominions .' If tin; Treaty of Washii)i;'ton does jjive that to us, then it is an element 

 for you to consider in making;" up your pecuniary calculation. If tin- Treaty of 

 Washiiif^ton <loes not give that to us, then I eoni;;ratulate this \\\'^\\ tribunal that it 

 may put these mailers entirely out of mind, and save many days ol examinalion 

 and cross-examination, and some |)erple\ity of mind ; because your I'lxceilency and 

 your ib)nours will rcmembei', that if \ou are to li\ a value upon them, that is tiie 

 value to the United .Slates oflhe rii;'la to buy bait, ice, and provisions, and to trans- 

 ship cars;oes, that will not he all you will have to do. You will have also to 

 ascertain the value to the t'rovinees of the eorrespondini; ri^'ht whirh tiiry would 

 have in the United States; and you will iiave still further dillieulty, I tliiidi, to 

 ascertain what benefit this .American commerce is to Uritish subjects, and deduct 

 that. The task before you would be . a very undesirable one. I lavinsi- ascertained 

 the pecimiary value of these rifi'hts to the United States, your Honours will have to 

 ascertain the pecuniary value that liritish subjects derive from this common trade 

 and barter, because we ou^-ht not to pay for tlu; privileg'c of puttin<;' money 

 into liie hands of lii-itish subjects. We ouj^ht not to |)ay i'or tiie priviley^e of 

 enfranchisini;- a whole class of fishermen, who have been held in |)ractical serfdom by 

 the merchants, [t is an e\-ceedini;ly dillicult subject of compulation, and one 

 wiiieli, I think, you are persuaded already, was never intenderl l)y the Ciovernments 

 of the United States ami (Jreat IJritain to he submitted to your Honours for 

 decision. I say. tlien. tiie Treaty of Washington h.as not given us these rights. To 

 what does the Treaty o!" Washington relate? Without the necessity of reading it to 

 you, 1 can say that the language is in substance : Wiiereas, you have c(u-tain 

 advantages given to you relating to the inshore fisheries, under the Treaty of ISIS, 

 in regard to catching fish, drying your nets, and curing your lish on cert.iin sliores, 

 we will extiMid territorially these same privileges. And I have the honour to 

 contend that tiie Treaty of W .t?,hington is simply n Icrrilorinl irtrnsion of ccrtdin 

 siicrllir riijhts ; the right to catch fish, dry nets, dry fish, and cure fish. The subject 

 matter of that part of the Treaty of Washington is the calching fish inshore, 

 within the three-mile limit. Before the Treaty of Washington, this right of 

 catching fish \vitliin thrc^e miles ol' shore, and of landing to dry and cure fish, and 

 drv nets, was contined to certain regions. In other places we could not fish or 

 land within the tiirce-mile limit. The Treaty of Washington extends territorially 

 these rights over all British America, and there the Treaty of Washington ends, so 

 far as the tisheries arc concerned. There is not one word in it of the creation of new 

 rights. It is a territorial extension of long known specified rights. 



It does not say that, whereas l)y the Treaty of 1818, you renounced the right to 

 fish within tlu; three-mile limit, provided however that you can go in to buy wood 

 and get water, we add to those rights the right to buy ice, bait, and other supplies. 

 If there had been the least intention by cither party to extend the rights to new 

 subjects, it would certainly have been stated in the Treaty. If, when the Rejire- 

 sentatives of (Jreat Britain and the United States had come together, the Joint I ligli 

 Commission had understood that we should not enter British American ports, 

 except those we were allowed to enter under the Treaty of 1818, for any purpose 

 except for shelter, and to buy wood and water, and the British nation had proposed 

 t J add to these subjects, so as to include the right to buy bait and ice, and to trans- 



