206 



Mr. Daun said tlic annoiniceincnt of the learned counsel seemed as if he assumed 

 the right to make au indclinite ndjournment of the hearing;, and at sonic future day 

 to reply to the arguments. 



iMr. Tliiwisoii said ho diil not desire to interfere with an immediate decision, and 

 his remarks wore made siin|)ly tiiat Mr. Dana's argument nugiit not be considered 

 as having lioon passed on tlio part of the counsel for the Crown mili nilentio. 



Mr. Foster asked for an early decision on the motion. 



The Commission rctircfi to deliberate, and on their return, the President read 

 the following Decision : 



"Till' i'diiiiiiissidu linviii),' iiiiisiilcri'il llic iiintioii sulimiiicd liy ilir A^'Ui nl' tlii' Unitod Stiitcs nt 

 tho (.'olil'i'iiiiiii' lulil till till' 1st instant, lU'iiilo: 



" Tliiil it is iml within tin' niniiiotoncc (if this tiilunuil tn nwiiiil iiini|icMsiiliiiii I'nr lomiiiprcial 

 iuti'R'iiuisc hctwccii liic two cimMtvics, iiur I'm- llu' inivrlmsiiiL,' Imil, ice, sii]i]ilii's, Sn\. iVic, nor for the 

 iu'liuissiuii lo transship caigors in liiitisii waters." 



Sir Alexiimlvr T. Gall. — Mr. President, as this Commission litis been unanimous 

 on this qtii'stion, 1 desire, with the ])erinission of my colleagues, but without com- 

 mitting titem to the same line of argument which has convinced myself, to state tho 

 grounds upon which I feel it my tliity to ac(|iiioscc in the decision. I listened with 

 very groat plctisure to the oxtremoly able arguments made on both sides, and I find 

 that the ed'oct of tlie motion, and oi" the argument which has been given upon it, is 

 to limit th(> power of this tribunal to certain speci(ied points. This definition is 

 undoubtedly important in its consecpiences. It eliminates from the consideration of 

 the Commission an important |)art of the case submitted on behalf of ller Majesty's 

 GovernniLnt ; and this is undotd)tc(lly the case, so far as this part forms a direct 

 claim for compensation ; but at the same time, it has the fmther important effect 

 that it defines and limits the rights conceded to the citizens of the United States 

 under the Treaty of Washington. Now, I have not been insensible to the importance 

 of the considerations that have boon addressed to us by the counsel for the Crown, in 

 reference to the inconvenience that niay arise from the decision at which this 

 tribunal has arrived. I can t'oresee that, under certain circumstances, those incon- 

 veniences may become exceedingly great, but I cannot resist the position taken by 

 the counsel oltlie United States, in stating tiial if such ineonveni'onces arise, they are 

 matters which jiroperly fall within the control and j'.idgmontt)f the two Governments, 

 and not within that of this Commission. On the oili'T hand 1 cannot fail to see, 

 that while this is admitted, a remote and contingent iiioon\onience, a very important 

 difficulty, and one of a very serious character, woiilil arise, il, from any cause, this 

 Commission were to exceed the posvers whieli are given to the CoiiUMissioners under 

 the Treaty of Washington. 



Tho difiiculty would at once arise, that any award whatever which it made, be 

 it good or bad, be it favourable to on" party or the other, wouhl have been vitiated 

 by our having acted ultni tlrrs. I do not iind. either, that liiero woiihl be any readv 

 escape from sucii a position. Tln^ Treaty afl'ords no machinery by which thisques- 

 tion in regard to the lisliories can bj adjudicated upon, if this Commission should 

 from any unfortunate cans;' be allowed to lapse; therefore, with regard to tin; two 

 inconveniences in question, tho one wiiich strikes at the root of the whole Treaty is 

 that which ought to weigh with me, if 1 were placed in such a position as to be 

 obliged to weigh such inconvenicnees ; but, as I shall state before I conclude, there 

 arc other and stronger considerations present to my mind. I have, in common with 

 my colleagues, entered into a solemn obligation to decide judicially upon all 

 questions coming before this tribunal; and 1 (eel it incumbent upon me, therefore, to 

 give every |)ossil)le weij,'ht, every <lue weight to whatever may be said on either side, 

 and I certainly have hitherto endeavoured to do so, and I have done so in this case. 

 I shall endeavour to pursue the same course, acting under the same considerations in 

 the future. At the same time, I confess to a great feeling of disappointment that 

 such an important part of the question connected w ith the settlement of the fisheries 

 dispute should apparently be removed, or partly removed, from the possible cop- 

 sideration and adjudication of this tribunal, and 1 am bound to say that my convi '• 

 tion of the intention of the parties to the Treaty of Washington is, tliat this wat. 

 not their purpose at the time. 



I have listened with very great attention to the arguments presented on behalf 

 of the United States, but I do not think that they have correctly stated the position 

 of the two parties at the time; when the Treaty of Washington was entered into. 



