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The annoiiiicement in November last of the award of tlie Fishery Commission was received with genuine and uni- versal surprise throughout the United States. Many no doubt then tirst learned that a Commission had been sitting at Halifax, having the subject under consideration; others were aware that some points left undetermined by the treaty of Washington of 1871 had, as stipulated by that treaty, been referred to arbitration, but had no idea of their possible magnitude; while even the best informed, including the very negotiators of the treaty of 1871, and those most nearly con- nected with the Commission itself, were, it seems, wholly unprepared for the result — an award of ^5,500,000 against the United States. While the public prints teemed with denunciations of the chief arbitrator and virtual umpire, and of the fact and man- ner of his selection, it was astonishing how little curiosity they expressed to learn the grounds upon which a decision so unexpected was based, a!id how little was said to satisfy the curiosity the public might naturally feel on the subject. Nor was tlie mystery any better understood when Mr. Blaine, in two speeches during the winter, communicated to the Senate statistics showing the very slight actual yield to the United States of the Canadian in-shore fisheries of late years, and on the other hand exhibited the loss incurred by the United States through the relinquishment under the treaty of the duties hitherto accruing from imports of fish and ' vicro.,,,.. tv J.. fisli oil tV()ii» Caiijula, and the correriponditig gain to Cana- dians. Not oven diti the aly"' of Great Britain, of a great mass of oral testimony taken before the Commission, of atH(hivits, exhibits and other evidence offered on either side, of the arguments of counsel, and then a momentous half page, whereupon, without i\ word of an- tecedent explanation or calculation, are inscribed, over the sigmitures of two of the Comiiiissioners, " Five million, five hundred thousand dollars in gold to be pai«l by the Govern- mt.'Ut of the United States to the Government of Her Britan- nic Majesty," and over the 8ignatur(U)f the remaining Com- missioner is inscribed less than nothing to be paid by the same to the same. Let us see, now that all is before us which was before the Commission, whether we can at all till u[> satisfactorily to ourselves this hiatus between the closed case and the find- ing, and whether we confirm the award arrived at by a ma- ioritv of the Commissioners. THE liRITISJl CASE. And first we turn to the ''Case" of Great Britain. This is the statement of her claim bv herself. As such it niust eml)rii('0 all that she intends to demand, or oxi»oct>! to j)rove. And, indeed, no exception, it would seem, eonld be made to it by reason of insnlKcieiun'. WhetluT we consider tlu' variety of the grounds of claim stated, or the amount finally set njs it must be admitted that Great Britain lias not failed to do herself full justice. We shall reverse the order followed by the Case, and state first, as the most interestiuif item, the amount claimed. This is, "in respect to the Dominion of Camida," $12,000,000; "in respect to Xew- foundland," !*2,880,000; or a ojross total of SU,8SO,000 is what (Ireat Britain claims "over and above the value of any advantaajes conferred on British subjects under the Fishery Articles of the Treaty of Washington." The grounritain (L^es not state what propor- tion of this alleged net jtrofit she would think it proper to charge for the privilege of fishing in her waters, it is cleai- that it could not l>e the whole of it. For if the whole of the net profit of the operation were to be absorbed in paying her for the bare privilege of fishing, who would engage in it? It is not Great liritain that furnishes the ca}>ital invested in the vessel and its outfit, nor who pays the wages of the crew, or the running expenses, or the wear and tear, or the inten-st on the outlay, nor does she incur, what is, perhaps, more than all, the great risk of the loss of all tliese. Xor does rjreat Britain even deliver or guarantee to the fisherman a certain ([uantity offish : all that she su[>plies is the privilege of catching, if he can, some tish within a certain limit. 4f>470 6 WHAT WOULD IJE FAIR. Xovv, what proportion of the profits should (ireat Mritjiiii roceivo in view ofwliat slie t'urnishos, and of what tho other party furnishes? Looking at it as a oonmu'roial transaction, wViat proportion eouhl the other party afford to pay lier? "Wouhl any British or Cainidian merchant undertake to guarantee to pay for the privilet^e in (piestion, in view of liis outhiy and his risks, a sum e([ual to one-fourth part of the net profits, as ahove calculated? But let us assume that Great Britain shall receive one- fourth part of the ni-t profits at her own calculation of them. This would he §280 per vessel. That this sum is far beyond the estimate placed h}' Great Britain herself upon the priv- ilege is shown by the fact that, when a few years since that Government adopted the system of issuing licenses to American fishermen, the prices fixed by it for these licenses were as follows: Fn the first year (1866) the license fee was fifty cents per toi 'he average toniuige of fishing vessels, as appears ])y flicial British return of licenses issued (pp. 197-218) does not certainly exceed sixty tons. Thus the price fixed by Great Britain herself for the privilege in <]uestion that year was §30 for each vessel. Four hundred and fifty-four vessels took out licenses that year. In 1867 the fee was raised to $1, or say $60 per vessel; 295 vessels received licenses in that year. The next year the fee was raised to $2 [»er ton, or say |120 per vessel, the highest price attained. In that year oidy sixty-one licenses were taken out; in the next, thirty-one, and the system was then abandoned. On page 82 of the Britisli case occurs the following })assage : " This St/stem (that of issuing licenses,) affcr heiru/ main- tained for four years, was discontinued owing to the lU'qket of American jisher men to provide thenisckes with licen!i;i2,000,000 : INDIRECT AltVANTACEf* TO AMERICA. "These privileges profitably employ men and materials representing in industrial capital several millions of dollars; the industries, to the advancement of whicli they conduce, support domestic trade and foreign commerce of great ex- tent and increasing value.'' We were told a few years ago, upon occasion of another international Commission c; lied to assess damages, how monstrous a thing it was to include in a claim for damages any demand whatsoever for indirect damages. But when it is a question of paying for advantages, other laws, it seems, 8 govern, uiul tlu' 'iitlirril tnlraiifai/cs arc to he trat-ed to tlio utiiioHt oxtoiit that inyt'iiuity cuii dcvis*-. and tlicir valiK' cal- oulati'd and includi'd '.n tin- prict'. A Ni:\V TIIKUHV OF I'KHES. " Tlii-y (tlicsf priviU'iros) also servo to n\ake a ne('e>sary and lit-altliful article ol" I'ood plentitul and eluap for tlie American nation I '" The Aifciit ot'(»reat Hritain here announci's a new princi- ple in political economy — one which, if admitted, will hrini; joy, indeeut sorrow to unlucky consumers. Ateordins; to this new tlu'orv, vour haker should hy no means l»c content to chai'ire you for a loaf of hread its mere market value — /. '., the cost ot its production with a fair commercial protit. Ho must follow his loaf into all its ef- fects upon your houselic' * If he shall find that it proves "a necessary and healthful 'U'ticle of food, plentiful and clieap for" voui" family, he is to make that the aground for an ad- ditional chui-ffe. If the hloom of In'alth numtles in vonr daughter's cheek : if your •ensation."' I [ear. all ye producers of wheat, of cotton, ye owners of coal I Think, before you sell, nf all the kneading troughs, the ovens you will call into activity, of the wheels of industry you will set in motioii, of the happy hearths you will brighten, and reckon all these in your price I " In addition to the advantages above recited, the attention of the Commissioners is respectfully drawn to the great im- portance attaching to the beneficial consequences to the United States of honorabh' acquiring for their fishermen full 9 tVcedoiii to |inrsiif their iulvonturous caHiiiij witliodt 'nuur- rint; i-onstaiit i-isks, itiid i-xposiui;- tlu-mst'lvcs and tlii'ir tMlow (•(Mintryiiifii to tin- incvitalilc rt|iroarli (»t' uillully tri'spussitig' on the I'iii'litt'ul domain of tVit'nration is tiie avoid- ance of ii-ritatinu" disputes, calculated t() disipTu-t the pul»lie mind <»l a -^itiritiMJ and eiiterprisinij peoj»le, and liahh' always to heconie a <'ause of mutual anxi«'t_\ and eiid)arrassment.'' Surely our dear Tnele Sam will think no nrice too exor- bitant whirh will seeure to ins enterprising,' nephews of (Jloueester and I'rovincetown such serene re*;u!ts 'i For what a direful thin«r it would he: what tremors would shake his fojul avuncular heart, if, while he were complacently con- ternpiatinjj; their piscatory enjoyment, the l>riti>h lion should chance to roar I TO J3E SEKIOLS. But let us not for a moment be understcnxl as seekin-;- to throw ridicule u))on tiie considerations themselves thus so ably set forth in the British case, and last above cited. On the contrary, tliey are most important, and such as we should hope wonlt^ aninuite every sound American states- man. Tliat they were thouLfht to be of jiriiuary in\portance by the ,\meriean ne<;otiators ot' the treaty of 1871 cannot be better shown than by rpiotiiiiT the very next sentence of the British case : — "It was repeatedly stated by the American members of the Joint Uii2:h Commission at Washington, in discussiiiir jtroposals reuardinii; the Canadian fisheries, 'that the United States desired to secure their enjoyment, not for their com- mercial or intrinsic value, biit for the purpose of removing a source of irritation.' "' liut the American neii:otiators did not exi>ect that tliey should be asked to pay on each account separately — twice over lOr the same thing. The aJjsurdity of tlie [U'esent claim 10 lies in the fact that after fixing upon the article to be sokl its full price, at the hisjliest vahiation, it is sought to add thereto v charjjre of more than double tlie amount for the inconvenience it wouhl l)e to us if we did not possess it I If we pay to avoid international irritation, the sum determined upon includes, of course, the vahie of the fish caught, for otherwise why shouhl we trouble the British waters at all? If, on tlie other hand, we pay for the fish caught at their full valuation, that is the whole of it— the beginning and the end — the one includes the other. INDIRECT ADVANTAUES NEVER COMPENSABLE. We compared just now indirect advantages to indirect damages, but there is in reality no parallelism between the two. Indirect advantages are far less justly entitled to com- pensation than indirect danuiges; for if, on principle, indirect damages may not be allowed, yet, in fact, they are often as palpable and as demonstrable as direct damages; nor are they covered by the compensation made for direct danuiges, since they may often be wholly distinct both in their sub- ject, and in the persons who suffer them. But the indirect advantages, which nuiy spring incidentally from a commercial transaction, are included in and closed by it. The seller receives his sure price for the article as it is. He cannot be a loser; nor is he entitled to be a sharer in the fiture gain; all such is the affair of the buyer only. The seedsman sells his seed as seed, at the price of seed. He does not count the number or the size of the possible cabbages which your cultivation may develop. ADVANTAGES TO GREAT BRITAIN. We have thus seen that the British case, which ie their own statement of their claim, and must include all they can claim, only makes up, by actual show of figures, $3,360,000, and this by conceding to them their own data, and by taking no account of the deductions to be made by reason of the advantages accruing to Canada under the treaty. And what 11 • be sold t to add for the is it ! If eriiiiiiod ight, for aters at light at ffiniiiiiif indirect een the to coni- n direct )ften as lor are mages, ir sub- entally closed icle as sharer r only. f seed, issible i their iy can 0,000, akiiig resent moment is not so much in question as the actual value of it to those who may, if they will, use it." Oross as this inconsistency is, it is evident from the result that it prevailed in the award, that a majority of the Commission were persuaded to allow America nothini!; for her fisheries l)ecause not used by Canadians, while compen- sating Great Britain for all of hers whether used or not by Americans. Nor do we make any account of the £100,000 saved to Great Britain annually, as it appeared in evidence, by her beini!;" relieved by the treaty from the necessity of o;uarding the coasts of her provinces against American tishermen, an expense which, for twelve years, amounts to the sum of $6,000,000. ARE HER FIGURES CORRECT ? We have hitherto assumed tliat the British case was cor- rect in assuming that the number of American vessels an- nually visiting the British waters was 1,000, and that the value of the gross catch of each was S5,H00. Xow, it is to be remembered that in those 1,000 vessels Great Britain in- cludes all American vessels, those resorting to the deep seas for the codtishery — o[)en to all the world — as well as the mackerelers, who may pursue their prey near the shore. But it is well understood that the encroachments upon British waters liy American fishermen complained of are almost exclusively confined to the mackerelers. [t is they only who can be said to catch British fish. Xow the number of mackerelers alone does not appear in evidence to exceed 300 in one year. la 1(S78 the number was, l)y British count, 25!; in 1874 there were noted 164 (pp. 222-229). It is only as to this class of fishermen that Great Britain can claim a compensation based upon their profits. " The gross I'atch," the case states, " of each vessel per trip has been es- timated at -1^5, ()00 jier vessel." But an examination of tlie exhibits laid before the Commission, as to the value of the g1 sel sel ail T venimeiit^ rivilege ut the actual from the- it.v of the )tliiriritain thinks that over and above the !?12.- 000,000 claimed for Canada, she is entitled to ask, "in re- spect to the Province of Newfoundland," the further sum of 14 $2,880,000 — and so by an easy sum in addition we liave $14,880,000. ANOTHER "PRIVILEME" ALMOST OVERLOOKED. It seems, however, that, notwitiistandina- tion l»y Americans in her fishing privileges for the period of twelve years, than is thus arrived at? THE DEUUI-'TIONS To UK MA UK. But againstthisamountof 81,440,000 we have to set down, on the side of America, the sum of the duties relimiuished by her for twelve years upon fish imports from Canada, a suui which we liave seen to exceed 84,00O,OO(» and there is also to be set . While Americanuiy well regret the loss of so large a sum of money, the saddest result, perhaps, of this award will be the shaken eontidence of the American mind in the efKcacy of arbitration as a remedy in international disputes. UlSTORY OF TlIK CO.MMISSION. Already the correspondence, as subse»|Uently disclosed, which passed between the two (governments resi)eeting the constitution of the Halifax Commission produced, an un- favorable impression, and argued ill for a sjitisfactory result. It seemed as if one of the parties at least was ani- 18 iMuti'd, not so much by the coiuiiR'tuhihlt' desire to secure ill! impiirtial arhitrator, as to make surc! of oiu' who initrht be ho|>e(l to In' partial. The persistence of (xreat Britain in urifiuii' the choice of Mr. l^elfosse, when it was from a Britisli ('Omniissioner that the suti;gestion had tirst come of the manifest ineliiijibility of a Beljfian, did not U)ok well. Her obstinate adlioreiu'c to his nomination as the only one she would listen to, and her refusal to entertain the suifji'estion of any of the numerous and widely various names proposed by America are to be ex[)lained oidy by her early determina- tion to fall back upon the alteriuitive clause of the treaty, so that the selection should be left to the Austrian Ambas- sador at her own court I And what is to be said of the double inconsistency of her declarinii;, while nursiiiij this purpose, that she would not accept for the office any foreign representative accredited at Washitigton, and yet insisting upon Mr. Delfosse. who has for years been accredited at Washington as the representa- tive of Belgium? Why shouhl (ireat Britain be so confident that the Belgian minister alone would be exempt from the pre-iK)ssessions whi:e.stion proposed k'toriiiina- lie treaty, n Anil>a8- icv of her muhl not redited at . wlio has spresenta- contident from the ifvall his a clause selection eft to the f i)ainful I is |»rob- u rally or s, her in- nce with eiitas by 3t excef)t , in their , to unite l?ut it was not to an Austrian merely nor oidy to an Aus- trian Premier — the successor of Mcttcrnicli — l)nt to an Aus- trian representative accreditt'«l at Loth/on, that the selection was to be left. Nor is this all. If, on <;"eneral principles, an Austrian noblenum would not have l)een the tirst choice of American Republicans, as an arl»iter over an important national interest, yet they niiiriit feel a Just confidence that tlie very ilisjtarity of institutions would ju'cunpt a true Austrian to rise above any supposed [trejudice of class or nation, and do us exact justice. I>ut,uidiappily, Count Beust, the Austrian And)assad(U- at London, is not even an Aus- trian, or, ratiier, he is more Austrian than ttie Austrians — for he is a convert — an Austrian, not by birth, but by his own choice. Had the American High Commissioners, if not aware of the fact themselves, l)ut turned to the nearest Bio- grapiiical Dictiomiry, they would have fouiul tliat C'ount Beust is, bv birth, a Saxoti, that he id^xndoned his native country in the hour of her troultle, just after the Austro- German war, and went over to Austria to enlist in the ser- vice of the House of Hapsburg. He was rewarded by being made Premier, but a few years later he retired from the Ministry to become Ambassador of Austria at London. Such was the man, an Austrian in ]>olicy, a resident of London, and a soldier of fortune, whom the American negotiators suffered to be selected, out of all the population of the Globe, as the person who should designate the um- pire, to whom was to be referred a ([uestion toucliing America, and one so contested, that the Joint Higii Com- mission itself had been umdile to settle it I THE MISCHIEF THAT CLAUSE WORKED. How such a clause came to l)e inserted in the Treaty, we have yet to learn. Was it from ignorance? or was it from ncirligeuce ? or was it })urposely suffered to be slip[)ed in as a make-weight, perhaps, to some supposed concession from the otherside, and in the hope that it would prove harm- less. It is true that, owing to a most unforeseen circum- 20 HtiiiK't', licrciiiiirit'r rcrt'iTt'd to, this ulfcniativi' claiist' of tlio treaty hccainc only iioiniiially operative. When the two < Jov- ernJiieiits at issiio, came at last to aii;ree ot" theniselvi's upon till' uiiipii'e, the Austrian Anihussaut tlie existi'uce of the clause in the treaty had had it^s t'dll ett'ect. Tt had hampered America in her I'tlort to secure an umpire, who miijht he supposi'd to 1k' unhiasi'd. It had eticouraifed Enirhuid to refuse all ot" the numerous personaiijes of so various nation- ality, whom America suiji^ested, and i'nal>led her to force u[ton tis lier own cnoiei". But, while Kn<;land was unreasonahly |U'essiniy Mr. Dol- fosse, we were chet-red to see the ij^ood tisjfht nuule aijainst him, (not personally, of course, for the inteii'rity and liiijli sense of honor of Mr. Delfosso have never Ikh-ii (juestioiied by those who know him, hut on tliose ijeneral grounds wliich i^overn sueli selections,) on bidialf of America. What, then, was our consternation t" behold the extraordinary somersault, so ime.\'[tectedly executed by our, then. Secretary' of State, Mr. Fish, in the closiui^ scene of liis Last Appear- aiu;e, landing; him on his knees, at the feet of Mr. Del- fosse, to beseech him to do us this service! Truly here was a feiit, which, for the moment, tairlv took avvav tiie breath 7 7 ■ *. t of us simple spectators, and it must have been scarcely less sur[>rising to the performers themselves. But it serves to show what rich resources of unimagined agility, a su{tple and dexterous diplomacy holds at the disposal of a Master in the Art! THE WHOLE EFFECT. Take it altogether, looking at the whole history of the Fishery Commission, from its iiu'eption in the Treaty of Washington, through tlie discouraging circumstances which attended its constitution, to the award fiiuillv reiristered at Halifax on the 23d of Xovember, 1877, it may well be doubted, whether, should Great Britain decide to pocket the I ^ 'list.' of flK! letwo (lov- iclvos llpOII t (MMU'tc'SV, 1*V of tllC Mlijrllt 1)1' Iiii^limd to US li;iti(»il- I" to Co !■(•(' Mr. f)ol- 1"' iiyaiiist iind liiyh iiestioutMl grounds . WHiat, ordiiiarv ■^ocrotury Appoar- Mr. Del- Iiore was e breatJi scarcely t .serves u supple I Master ' of the 'eaty of s which ered at ^'ell he ■ket the 21 §;'),.")()(>, (»()(), the Auicrican pcoph- will be soon attain disposi-d, in thr chieri^eucy of another international dispute, to sul)- niit any vital interest to the hazards of arbitration as at present understood and |)ractieed. INTKHNATIUXAI, roUKTS IN TIIK I'UTUKH. Are we Justified in witldK.ldin.ii: from these Int«'riniti<)iKtl Courts, as now ori^ani/ed, that eontiv no means he lu'ld to he a 'Ins non in the calendar. For America, iit least, it was hit; with secular importance. Will not the majority of the Commissioners direct the Secretary of tlu' (\»mmissi(>n, who was furnished for the occasion hy the British Foreign Otttce, to supply this deficiency ? Or, are we to assume that the cipherin<^ of that memora- hle day was done in perishahle chalk? or on the treach- erous slate? and that it is no Ioniser letjihle? Was a com- putation, which involved millions, suhmitted to accountants (oneon either side) whoshould control and verify its accuracy? Even one other pair of eyes might, perhajis, have discov- ered some slight hut pregnant error — a 1