2 FISHERIES ARBITRATION AT THE HAGUE 



hundreds of milKons of people of the British Empire — that great 

 Empire whose pride and honor it is ever to have safeguarded and 

 maintained the interests of every citizen. And when two great 

 nations, bo;md to protect the interests of their citizens, however 

 humble, find themselves differing in their views of rights which 

 are substantial, find themselves differing so radically that each 

 conceives itself to have a right which it caimot abandon without 

 humiliation, and cannot maintain without force, a situation arises 

 of the gravest importance and the first dignity. No function can 

 be assumed by any tribunal upon this earth of higher consequence 

 than that which you have now assumed, to substitute your judg- 

 ment for the war which alone, without such a judgment, could 

 settle the questions of right between these two great countries. 

 I cannot doubt that you will feel, as I feel, that the long, and 

 laborious, and patient, and inconspicuous work of such a proceed- 

 ing as this is of greater value in the cause of peace among men 

 than a multitude of speeches in congresses and conventions, laud- 

 ing peace and arbitration to the ears of men who are already satis- 

 fied to have peace and arbitration. 



The patient attention, the manifest interest of the Tribunal, 

 and the acute and instructive observations which have fallen from 

 the lips of the members of the Tribunal during this argument can- 

 not faU to inspire coimsel with a strong desire to contribute some- 

 thing that may be useful to the attainment of a just judgment, as 

 the result of so many and such arduous labors. I shall hope to 

 contribute something. If I fail, it will be my misfortune and not 

 the fault of my intention. 



The statement of the first question presents, in authentic form, 

 the real attitude of the two nations in respect of its subject-matter. 

 The form is unusual, pecuUar. I have not seen it employed in the 

 presentation of questions to arbitral tribunals. 



I will read the article of the treaty to which the question relates, 

 and the question itself. 



The article is: 



"Article I 



"Whereas differences have arisen respecting the Liberty claimed by the 

 United States for the Inhabitants thereof, to take, dry and cure Fish on Certain 

 Coasts, Bays, Harbors and Creeks of His Britannic Majesty's Dominions in 



