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her two Articlusf Because 1 put out of sight uur right to scud to this market, and tho 

 right of the people of tho Provinces to fish ofT our coasts, as 1 do not thinii citli(>r of thcni 

 to bo of niucli consetjuonce. "If you sliall bo of opinion that tlierc is no diircrence of 

 value — and (»f course that means no nuhstantial difTori ko in value— or that the advan- 

 liijre is with Great IJritain, then yoiu- deliberations are at an end; but if you siiall 

 tliink there is a subsiaiiiial dill'irence in vaiue in favour of the United States, then your 

 'lehlv nil inns must po furlher, and \ou must decide what is tliat vali\e in money. 



Ihojn', i»' umr llomnirs are not already persuaded, that you will bo before the 

 close of the argument on tlie p.irt of tlie I'liiteil States, and may not be driven from that 

 persuasion by anything that nniy occur on tho other side, that the United States were 

 (piite lionesL when they made tlie statenu-nt in 18,' 1, tliat in asking for the abandonment 

 of the restrictive system in n^gard to tlie fislieries th"y did not do it so nuicli because of 

 tlie coinnuM'cial or intrinsic value of tlie iishing witliin the three-mile line as for tho purpose 

 of reinoviim- a cause of irritation; and I iiope tint the meiubers of this Tribmial have 

 alri ady ftit that Gn-at iiritain. in in:untaining tliat exclusive system, was doing injustice 

 to herself, causing lierself exjiense, loss, and peril; that shi^ was causii-g irritation and 

 danger to the United Slates; that it was maintained from a mistaken notion, though a 

 natural one, among the Provinces iheiuselves, and to please the people of the Oominion 

 and of Newfoundland, and that the great value of the removal of the restriction is that 

 it restores i>eace, annty, good-will ; that it extends the fishing, so that no further riuestion 

 shall arise in courts or out of courts, on quarter-decks or elsewiierc, wliatever n.ay be 

 tlie peeuni.iry \alut! of the mere right of fishing by itself, and that it would l)e far better 

 if thcTrialyof Washinjjton had eiuled with the signing of the stipidations, except so 

 far as t!ie Geneva .Arhiiiation was concerned, and that this ijuestion had not been made 

 a matter of pecuniary arbitration; thai either a sum of nunn-y had been accepted at 

 the tiiiK! fur a perpetual right, as was od'ered, or that some arrangement by which 

 there should be the mutual right of tree trade in timber, in coal, aiui in fish, or some- 

 thing permaui'nt in its character. But that is a bygone, and we are to meet the ne.es- 

 tion as it comes now directly befori 'is. I think my learned friend, Judge Foster, said all 

 thai ni'cd he said and all that can li(> said of much value, in taking the position that we 

 aie not Irro to he cast in damages ; we are to pay no damages, nor are wi; to ])ay for 

 incidental commercial jirivileges, nor are they to pay for any; but it is a mailer of 

 remark, ceriaiiily, that when this cause caii^e up, we were mcl by a most extraordinary 

 array of claims on the opposite side — sounding in damages altogether, or sounding in 

 piuvhase of commercial privileges which were not given to us by Article XVI 1 1 of the 

 Treaiy. Why, if there was a Britis'i subject in Prince Kduard Island who renii'mbered 

 tliat his wife and family had been frightened by some noisv, possibly drunken, American 

 fisherman, he was brought here and tesiitied to il, and he thought that ho was to obtain 

 damages. Undoubtedly that was iiis opinion. )f a fisherman in his boat thought that 

 a Yankee schooner "'lee-bowed " him, as they call it, he was brought here to testify to 

 it, and tint was to be a cause of damag'j and to be jiaid for, and ultimately, I sujipose, 

 to reach the pockets of those who in their boats had been •" lee-bowed,"' for that woidd 

 seem (o be ])oeiie justice. Then we had the advantage of bein^j able to buy our bait 

 heri'. which we had always <lone, about which no Treaty hail ever said a word, and 

 they liai I he ureat adwmtage, too, of selling us their bait. They went out fishing for 

 lliemselvis, tlie\ brought in the bait, they sold it tons, and when our vessels came 

 down after bait or for frozen herriiiL;-. liiey boarded the vessels in their eagerness to be 

 able to sell them ; and so threat was I heir need of doing something in that season of the 

 \ear. wiieii th.isc mighty merchants of Neufoundland, and those mighty midille-mon of 

 Ni wfbundland, planters, had nothing for them to do, that they made a bargain to 

 furnish us tVozen herring and our fishing bait at so much a barrel, went out and got it 

 for us, anil brought it on board. Then there was the right of procuring supplies, and of 

 curing and transshipping our fish -inirely commercial rights, not named in any Treaty 

 bearing on fisheries. 



Those were privileges for which the Amcrican.s were also to pay something. I 

 have no doid)t that those ideas gained great currency among the people ol these 

 Provinces. They supposed it to be so, and hence a great deal of the interest which 

 tiiey took in the subject, hence the millions that were talked about. Von might have 

 inade their eiiiirc claim of tourtei :i millionsa point of departure. If _\on had opened that 

 siilijeci, and made up an award on the right to buy oait, on the right to bn\' fVo7.(!n 

 he. rile:, on therij^hi lo bu\ sii|')iliis, (ju the right to transi.hip and to trade; not eonsider- 

 iiigiha' llu scare iiiuliial rights for die beiu lit o.'boih parties, and as to which it is almost 

 illll()^sihl; lo determine which part\ gains tlie most. Then a great deal of anxiety w;.s 

 c:(,.ad ihiougii the Provinces;, undoubtedly, by the cry that we were ruining their 

 lisle lies by the kind of seines that wc were using — pursc-seint s. We were destroying 



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