V. N. R. G. XX
**) Nous reproduisons les protocoles contenus dans le Blue-book susmentionné. Les numéros contenant les dépositions des témoins et les plaidoyers des agents respectifs, n'ont pas été publiés.
Commission de Halifax.
The Commissioners thereupon proceeded to make and subscribe the following solemn Déclaration, which was read by the Secretary and signed in duplicate by each of the Commissioners:
The undersigned, namely: His Excellency M. Maurice Delfosse, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Belgians at Washington, &c, &c, &c, appointed by the Ambassador in London of His Impérial Majesty the Emperor of Austria-Hungary ;
The Honourable Ensign H. Kellogg, &c, &c, &c, appointed by the Président of the United States; and Sir Alexander Tilloch Galt, K.C.M.G., &c, &c, &c, appointed by Her Britannic Majesty, having met a Halifax as Commissioners under Article XXII of the Treaty of Washington of the 8th May, 1871, to détermine, having regard to the privilèges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of the said Treaty, the amount of any compensation which, in our opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty, in return for the privilèges accorded to the citizens of the United States, under Article XVIII of the said Treaty, do hereby solemnly déclare that we will impartially and carefully examine and décide the matters referred to us to the best of our judgment, and according to justice and equity.
In witness whereof we have hereunto subscribed our names, this 15th day of Jane, 1877.
Maurice Delfosse.
E. H. Kellogg.
A. T. Galt.
Mr. Ford then produced his commission as Agent of Her Britannic Majesty, which was found to be in due form. Mr. Foster also produced his commission as Agent of the United States, which was likewise found to be in due form.
Mr. Foster then produced a draft of Rules proposed for the procédure of the Commission, which had been submitted to him by Mr. Ford. To thèse, he said, that in the main he agreed , but took exception to certain of them which contemplated the appearance of Counsel on either side, as well as the accredited Agents. He submitted to the Commissioners that no person other than the Agent, on either side, should be permitted to address the Court.
Mr. Ford objected to this view, and contended that Counsel should be permitted to address the Court.
Mr. Foster, in reply, gave his reasons for maintaining his contention.
The Commissioners thereupon retired to deliberate, and on their return M. Delfosse announced the following décision: —
»The Commissioners having considered the statements made by the Agents of the respective Governments, décide: That each Agent may be heard personally or by Counsel, but in the case of the British Agent he shall be limited to five, as representing the maritime provinces on the Atlantic coast of British North America; and in the case of the Agent of the United States, he shall be allowed a similar number.«„
Etats- Unis , Grande- Bretagne.
Mr. Ford then stated that he desired to raise an important point, viz., whether ex parte affidavits should be admitted as written testimony, under the terms of Article XXIV of the Treaty of Washington. He contended that such ex parte affidavits should not be admissible before the Commission.
Mr. Foster, on the other hand, contended that such ex parté affidavits should be admitted as written testimony, the Commissioners being left to attach to them such value as they might think fit.
Mr. S. R. Thomson, on the part of Great Britain, maintained the views expressed by Mr. Ford on this point.
The Commissioners then retired to deliberate, and, on their return, M. Delfosse announced that the Commissioners had decided that affidavits should be admitted.
The Commissioners then again retired for délibération , and , on their return, M. Delfosse stated that the following rules had been adopted for the procédure of the Court ; and directed them to be read by the Secretary: —
Eules for the Procédure of the Halifax Commission.
1. When the Commissioners shall have completed ail necessary preliminary arrangements, the British Agent shall présent a copy of the »Case« of Her Majestys Government to each of the Commissioners, and duplicate copies to the United States' Agent.
2. The Court shall thereupon adjourn for a period of six weeks, on the expiration of one half of which period the United States' Agent shall deliver to the Secretary of the Commission at least twelve copies of the Counter Case of the United States' Government.
The British Agent shall, three days before the meeting of the Court after such adjournment, deliver to the Secretary of the Commission at least twelve copies of the Reply of Her Majesty's Government.
3. The évidence brought forward in support of the British »Case« must be closed within a period of six weeks after the case shall have been opened by the British Counsel unless a further time be allowed by the Commissioners on application.
The évidence brought forward in support of the United States' Counter Qase must be closed within a similar period after the opening of the United States' case in answer, unless a further time be allowed by the Commissioners on application. A period of fourteen days shall then be allowed for the évidence in reply on the British side, unless a further time be allowed by the Commissioners on application. But as soon as the évidence in support of the British case is closed , that in support of the United States' shall be commenced, and as soon as that is closed, the évidence in reply shall be commenced. After which arguments shall be delivered on the part of the United States in writing within a period of ten days, unless a further time be allowed by the Commissioners on application ; and arguments in closing on the British side shall be delivered in writing within a further period of ten days unless a further time be allowed by the Commissioners on application. Then the case on either side shall be considered
Commission de Halifax.
as finally closed, unless the Commissioners shall direct further arguments upon spécial points ; the British Government havîng in such case the right of gênerai reply, and the Commissioners shall at once proceed to consider their award. The periods thus allowed for hearing the évidence shall be without counting any days of adjournment that may be ordered by the Commissioners.
4. The Commissioners shall mect from day to day at the place appointed unless otherwise adjourned.
5. The Secretary shall keep a record of the proceedings of the Commission upon each day of its session, which shall be read at the next meeting, and signed , after approval , by the Commissioners, the Secretary, and the Agents.
6. The Secretary shall keep a notice book, in which entries may be made by the Agent or Counsel for either Government, and ail entries in such book shall be due notice to the opposing Agent or Counsel.
7. The Minutes of proceedings and évidence shall be kept in duplicate, one of which will be delivered to the Agent of each Government at the close of the proceedings.
8. One Counsel only shall be allowed to examine a witness , and one Counsel only to cross-examine the same witness, unless otherwise allowed by the Commissioners.
9. The oral évidence shall be certified by the reporters taking the same.
10. The Secretary will have charge of ail the books and papers of the Commission, and no papers shall be withdrawn from the files or taken from the office without an order of the Commission. The Agent or Counsel on either side shall, however, be allowed access to such books and papers for purposes of référence, and at the close of the proceedings books and papers filed shall be returned to the respective parties who may have produced them.
11. Ail witnesses shall be examined on oath or solemn affirmation, and ex parte affidavits are to be admitted.
12. The award shall be made out in duplicate, and copy be presented to the respective Agents of the two Governments.
13. The Commissioners shall have power to alter, amend, add to, suspend, or annul any of the foregoing Rules, as may seem to them expédient during the course of the proceedings.
Mr. Ford then proceeded to name the British Counsel, as follows: —
Joseph Doutre, Esq., Q.C., of Montréal.
S. R. Thompson, Esq., Q.C., of St. John, New Brunswick.
Hon. W. V. Whiteway, Q.C., of St. John's, Newfoundland.
Hon. Louis H. Davies , of Charlottetown , Prince Edward Island; and
R. L. Weatherbe, Esq., Q.C., of Halifax, Nova Scotia.
Mr. Foster stated that he would request permission to name the Counsel on the part of the United States, after such adjournment as might be decided on after the présentation of the »Case« of Her Majesty's Government ; which request was acceded to by the Commissioners.
Mr. Ford then presented to each of the Commissioners a copy of the
États- Unis , Gr an de - Bretagne.
»Oase« of Her Majesty's Government, and duplicate copies to the United States' Agent, accompanied by a list of the documents to be filed with the Secretary in support of the »Case.« (See Appendix A.)
The Commission thereupon adjourned until next day, the sixteenth Jane, at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 2.
Record of the Proceedings of the Fisheries Commission at the Second Conférence, held at Halifax, Nova Scotia, on the 16th day of June, 1877: —
The Conférence was held pursuant to adjournment. The three Commissioners , and the Agents of the United States and of Great Britain respectively, were présent.
The Président having directed the Secretary to read the records of the last Conférence, thèse were approved and signed by the Commissioners, the Secretary, and the Agents.
The Commission was thereupon adjourned until Saturday, the 28th day of July, at 11 A.M.
Maurice Delfosse. Francis Clare Ford.
E. II. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 3.
Record of the Proceedings of the Fisheries Commission at the Third Conférence, held at Halifax, Nova Scotia, on the 28th day of July, 1877.
The Commission met pursuant to adjournment.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
The Secretary reported that, during the adjournment, the United States' Agent had, in compliance with the Second Rule adopted for the procédure of the Commission, delivered to him twelve copies of the »Answer on behalf of the United States of America to the Case of Her Britannic Majesty's Government. « (Appendix B.)
This »Answer« was accompanied by a »Brief for the United States upon the question of the extent and limits of the inshore fisheries and territorial waters on the Atlantic coast of British North America. « (Appendix C.)
Copies of both documents were forwarded by the Secretary on Monday, the 9th July, to each of the Commissioners.
In conformity with the same Rule, the British Agent had delivered to the Secretary twelve copies of the »Reply on behalf or Her Britannic
Commission de Halifax.
Majesty's Government to the Answer of the United States of America. « (Appendix D.)
A copy of this document was forwarded by the Secretary to each of the Commissioners on the 26th day of July.
The Secretary , by direction of the Président , then read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster then proceeded to name the Counsel retained on behalf of the United States, as follows: —
Hon. William H. Trescot, of Washington;
Richard H. Dana, Esq., Junr., of Boston.
Mr. Foster added that he might possibly, although not probably, name others at a later day.
The Secretary then infôrmed the Président that, subject to the approval of the Commissioners, the services of Mr. George B. Bradley and of Mr. John A. Lumsden had been secured as Sténographie Reporters of the proceedings of the Commission. The Commissioners were pleased to express their approval.
The Président next requested the Secretary to record the fact that the proceedings of the Commission would be of a strictly private character.
Mr. Ford then proposed that the sittings of the Commission should, unless otherwise ordered, be held daily, from noon to 4 P.M., Saturdays and Sundays excepted.
Mr. Foster concurred in the proposed arrangement, which was agreed to by the Commissioners, on the nnderstanding that, if time were found to press, the honrs of the daily sittings should be lengthened.
The Commission then adjonrned until Monday, the 30th July, at noon. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 4.
Record of the Proceedings of the Fisheries Commission at the Fourth Conférence, held at Halifax, Nova Scotia, on the 30th day of July, 1877.
The Commission met at noon, as appoint ed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster then requested permission to introduce Mr. J. S. D. Thomson, of Halifax, and Mr. Alfred Foster, of Boston, who would attend the Commission to perform such duties on behalf of the United States as might be assigned to them. He added that5 Mr. Henry A. Blood, of Washington, would also attend to render clérical assistance.
Etats- Unis , Grande- Bretagne.
Mr. S. R. Thomson , rising to open the Case of Her Britannic Majesty's Government, stated that he proposed to commence by reading the printed »Case« submitted to the Commissioners on behalf of Her Britannic Majesty's Government.
Tliis he proceeded to do , and the documents therein referred to were read in due order by the Secretary. Thèse will be found in a collective form in Appendix E.
Mr. Foster then proceeded to read the »Answer on behalf of the Uuited States of America to the Case of Her Britannic Majesty's Government, « printed copies of which had already been submitted to the Commissioners. He stated, however, that such reading formed no part of his opening, in course of which he proposed to quote extracts from the »Answer. «
The reading of the »Answer« was unfinished at 4 P. M. , when the Commission adjourned till next day at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight loster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 5.
Record of the Proceedings of the Fisheries Commission, at the Fifth Conférence, held at Halifax, Nova Scotia, on the 31st day of July, 1877.
The Conférence met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
The Secretary next read an entry which had been made in the notice book by the United States' Agent, requesting the production of certain documents.
Mr. Foster then continued the reading of the »Answer on behalf of the United States of America to the Case of Her Britannic Majesty's Government « on the conclusion of which Mr. S. R. Thomson read »The Reply on behalf of Her Britannic Majesty's Government to the Answer of the United States of America. «
The Secretary read in due order »The Instructions to Her Majesty's High Commissioners, and Protocols of Conférences held at Washington between the 27th February and the 6th May, 1871, so far as this paper relates to the Fisheries. « (No. 15, Appendix E.)
Mr. S. R. Thomson, on concluding the reading of the »Reply«, said that the »Case of Her Majesty's Government, « the »Answer of the United States, « and the »Reply of Her Majesty's Government« having now been read, he would leave the case, as brought out in évidence, in the hands of the Commissioners, who, he was confident, would carefully and impartially décide upon it. By arriving at a fair and équitable décision, they would
Commission de Halifax.
remove a source of irritation between Great Britain and the United States, and earn a lasting title to the gratitude of two great and friendly nations.
The Commission then proceeded to take évidence in support of the »Case of Her Britannic Majesty's Government. «
Simon Chivirie, a fisherman, residing at Souris, Prince Edward Island, was called, and gave évidence on oath on matters connected with the inquiry. (No. 1, Appendix F.)
The Commission adjourned at 4 P.M. until the following day, at noon.
Protocol No. 25.
Record of the proceedings of the Fisheries Commission, at the Twenty-fifth Conférence, held at Halifax, Nova Scotia, on the 28th day of August, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Mr. William Macdonnell, of Argyll, Yarmouth County, Nova Scotia, a trader and formerly a fisherman , was called, and gave évidence on oath on matters connected with the inquiry. (No. 45, Appendix F.)
The witness was examined by Mr. Davies, and cross-examined by Mr. Dana.
Mr. John Holliday, of the City of Québec, a partner in the firm of A. Fraser and Co., fish merchants, was called, and gave évidence on oath on matters connected with the inquiry. (No. 46, Appendix F.)
The witness was examined by Mr. S. R. Thomson, and cross-examined by Mr Foster.
Mr. Davies then read affidavits made relative to the présent inquiry by the following persons: —
Mr. Philip L. Montais, of Arichat. (No. 129, Appendix G.)
Mr. Christopher Smyth, of Port Hood. (No. 130, Appendix G.)
Mr. John Ingham Brand, of Pubnico. (No. 131, Appendix G.)
Mr. Edward Hirtle, of Lunenburg Town. (No. 132, Appendix G.)
Mr. Rufus Riser, of Rose Bay, County of Lunenburg. (No. 133, Appendix G.)
Mr. John Morien, of Port Medway. (No. 134, Appendix G.)
Mr. John Smeltzer, of Lunenburg Town. (No. 135, Appendix G.)
Mr. Elias Richards , of Getson's Cove , County of Lunenburg. (No. 136, Appendix G.)
Mr. James Getson, of Getson's Cove, County of Lunenburg. (No. 137, Appendix G.)
Maurice Delfosse.
E. H. Kellogg.
A. T. Galt.
Francis Clare Ford.
Dwight Foster.
J. H. G. Bergne.
Etats- Unis , Grande-Bretagne.
Mr. James Publicover, of New Dublin, County of Lunenburg. (No. 138, Appendix G.)
Mr. Donald McDonald, of Main-à-Dieu, Cape Breton. (No. 139, Appendix G.)
Mr. John Bagnall, of Gabarus, Cape Breton. (No. 140, Appendix G.) Mr. Peter Bosdet, of West Arichat, Nova Scotia. (No. 141, Appendix G.) Mr. James Maremean, of Arichat, Nova Scotia. (No. 142, Appendix G.) Mr. David Grouchy, ofDescousse, Nova Scotia. (No. 143, Appendix G.) Mr. Isidore Leblanc, of Arichat, Nova Scotia. (No. 144, Appendix G.) Mr. Bryan Murphy, of Port Hood. (No. 145, Appendix G.) Mr. Simon Feras, of West Arichat, Nova Scotia. (No. 146, Appendix G.) Mr. William Creighton, of West Arichat, Nova Scotia. (No. 147, Appendix G.)
Mr. Isaac Levesconte, of Arichat, Nova Scotia. (No. 148, Appendix G.) Mr. William Wentzel, of Moose Harbour. (No. 149, Appendix G.) Mr. Pardon Gardner, of Port Mouton. (No. 150, Appendix G.) Mr. George McLeod, of Brooklyn, Queen's County. (No. 151, Appendix G.)
Mr. John Lloyd, ot Port Mouton. (No. 152, Appendix G.) Mr. J. McDonald, of Port Jollie, Queen's County. (No. 153, Appendix G.) Mr. William Frehel, of Arichat. (No. 154, Appendix G.) Mr. Philip Diggdon, of Port Medway. (No. 155, Appendix G.) Mr. Michael McDonald, of Whitehaven, County of Guysboro. (No. 156, Appendix G.)
Mr. George Murphy, of Port Hood. (No. 157, Appendix G.)
Mr. James Phelan, of Arichat, Nova Scotia. (No. 158, Appendix G.)
Mr. Trescot then stated that he desired to make a motion for the considération of the Commissioners, which he read in the folio wing terms : — »Mr. Président and Gentlemen of the Commission,
»As the time is now approaching when the évidence in support of the British case will be closed, and we will be required to open the testimony in behalf of the United States, we would ask leave to make a slight change in the order of our proceeding as it has been at présent arranged.
»According to the présent arrangement it will be our duty to open our case in advance of the testimony, by laying before you the gênerai scheme of our argument , and indicating the points upon which évidence will be submitted in its support.
»The character of the testimony which has been now submitted in support of the British Case, and the ténor of that which we will offer (as may be inferred from the évidence of the two witnesses whom we were allowed to examine out of order) have impressed us with the conviction that a practical discussion of the real issues will be more certainly secured, and the time and patience of the Commission will be more wisely economised, if we are allowed to submit such views as it may be our duty to maintain at the close, instead of in advance, of the examination of witnesses.
»As we understand the wish of both Governments to be that the whole discussion shall be as frank and full as posible, it has occurred to
Commission de Halifax.
us that you might be disposed to allow us to adopt such an arrangement as would, in our judgment, best enable us to lay before you a complète presentment of the opinions of the Government we represent. And we feel more assured in that opinion, as this privilège deprives Counsel on the other side of no advantage which they now possess. For beside the right to reply to the printed Argument, which they now have, we would of course expect that they would also be allowed the right of oral reply, if they desired to exercise it.
»An opening speech is not necessary, as the Counsel for the other side have shown, but it would be obviously improper to submit this case without a careful review of the testimony which will have been offered on both sides. And this can be done with more convenience and thoroughness by an oral speech than by a written argument. To say ail that it may be our duty to say in a printed argument would be impossible without swelling it into a volume of unreadable proportions.
»It is our purpose to make the printed Argument a complète but concise summary of the contention, a clear statement of the principles involved, and the authorities referred to, accompanied by an analysis of the leading facts of the testimony. This we can do, so as to make it an efficient help to you in your own examination of the case, if we are not compelled to overload it with ail the discussion which the évidence and the case itself suggest, but which we could sufficiently dispose of in oral argument.
»We would therefore request permission so to distribute the argument on our side as to have the apportunity of submitting our views orally upon full comparison of ail the testimony taken. It is no small inducement to make this request that we believe that upon the close of the testimony we will be able to dispense with much argument which we can scarcely avoid in the présent imperfect condition of the testimony. y> Respectfully,
•»Rich. H. Dana, Jun.A ~ , 0 TT .. n ~. .
ut TT ri, :) Counsel for United States. « » Wm. Uenry irescot,)
Mr. Foster supported the application.
Mr. Doutre stated that the matter should receive considération, and requested permission to defer giving a definite answer until the next meeting.
The Commission then adjourned till the following day at noon. Maurice Delfosse. Francis Clare Ford,
E. H. Kellogg. . Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 26.
Record of the Proceedings of the Fisheries Commission, at the Twenty-Sixth Conférence, held at Halifax, Nova Scotia, on the 29th day of August, 1877.
The Commission met at noon, as appointed.
Etals-Unis, Grande-Bretagne.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. James A. Tory, of Guysborough, Nova Scotia, Customs Officer, and formerly a fisherman, was called, and gave évidence on oath on matters connected with the inquiry. (No. 47, Appendix F.)
The witness was examined by Mr. Weatherbe, and cross-examined by Mr. Dana.
Mr. S. R. Thomson then rose to reply to the motion made at the last Conférence by Mr. Trescot. He stated that the British Agent was willing to consent to the following arrangement with regard to the point in question, namely, that if the United States' Counsel desired to make oral arguments in closing, thèse must be submitted simultaneously with the written arguments on the United States' side, required by the rules adopted for the procédure of the Commission; after which it should be compétent for the British side to reply, both orally and in writing, if both methods of reply were desired by them.
Mr. Trescot, in reply, said that the proposai of Mr. Thomson did not meet the approval of the Counsel of the United States , inasmuch as the object of their motion was to have the oral reply of the British Counsel to their oral arguments; then to file the United States' printed argument, leaving to the British Counsel their right of final printed reply to the printed Argument of the United States. What they desired was a full statement of the case as regarded by the British Counsel, and Mr. Thomson's proposai dit not accomplish that, which they deemed a fair request.
Mr. S. R. Thomson repliée!, and Mr. Foster, and Mr. Doutre subsequently addressed the Commissioners. (See No. 2, Appendix No. J.)
At the conclusion of the debate, Mr. Trescot handed in the following amendment, which he proposed should be made in Rule III: —
»Ordered by the Commissioners that the third paragraph of the Illrd Rule shall be amended, by inserting after the words »The évidence in reply shall be commencecl« , the following: — »When the whole évidence is concluded, either side may, if désirons of doing so, address the Commissioners orally, the British Government having the right of reply. «
The Président then announced that the Commissioners woulcl take the matter into considération, and give an early décision upon it.
Mr. Robert MacDougall, of Port Hood, High Sheriff of the county of Inverness, in Cape Breton, was next called , and gave évidence on oath on matters connected with the iuquiry. (No. 48, Appendix F.)
The witness was examined by Mr. Weatherbe, and cross-examined by Mr. Foster.
Mr. Weatherbe then read affidavits made relative to the présent inquiry by the following persons :
Mr. J. E. Robinson, of Griffin's Cove, Province of Québec. (No. 159, Appendix G.)
Commission de Halifax.
Mr. Daniel West, of Grand Grève, Province of Québec. (No. 160, Appendix G.)
Mr. Michael Mclnnes, of Port Daniel, Province of Québec. (No. 161, Appendix G.)
The Commission adjourned at 4 P. M. until the next day at noon. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 29.
Record of the Proceedings of the Fisheries Commission, at the Twentyninth Conférence, held at Halifax, Nova Scotia, on the lst day of Sep-
tember, 1877.
The Commission met a noon, pursuant to adjournment.
The three Comraissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
The Président then read the folio wing décision; —
» The Commissioners having considered the motion submitted by Messrs. Dana and Trescot, decided that —
» Having due regard to the right of Her Majesty's Government to the gênerai and final reply , the Commissioners cannot modify the Rules in such a manner as might impair or diminish such right. Each party will , however , within the period fixed by the Rules , be allowed to offer its concluding argument, either orally or in writing ; and if orally, it may be aC' ompanied by a written résumé or summary thereof, for the convenience of the Commissioners , such résumé or summary being furnished within the said period.
» Mr. Kellogg dissenting.«
Mr. Foster then read the following notice of motion: — »The Counsel and Agent of the United States move the Honourable Commissioners to rule and déclare tbat —
»It is not compétent for this Commission to award any compensation for commercial intercourse between the two countries, and that the advantages resulting from tHe practice of purchasing bait, ice, supplies, &c, &c, and from being allowed to transship cargoes in British waters, do not constitute good foundation for an award of compensation, and shall be wholly excluded from the considération of this Tribunal. «
The Commission then adjourned until Monday, the 3rdSeptember, at noon. Maurice Delfosse Francis Clare Ford
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Noue. Recueil Gén. 2e S. IV. Mm
Etats- Unis , Grande- Bretagne.
Protocol No. 30.
Record of the Proceedings of thc Fisheries Commissions , at the Thirtieth Conférence, held at Halifax, Nova Scotia, on the 3rd day of September, 1877.
The Commission met at noon, pur suant to adjournment.
The three Commissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Ford then presented to the Commissioners , and to the Agent of the United States, copies of the »Brief on behalf of Her Majesty's Government« in Reply to the »Brief for the United States npon the question of the extent and limits of the inshore fisheries and territorial waters on the Atlantic Coast of British North America. « (Appendix K.)
Mr. Doutre next read affidavits made relative to the présent inquiry by the following persons: —
(Here folio ws a list of 47 déponents.)
The Commission adjourned until the next day at noon/ / Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. 1. Galt.
J. H. G. Bergne.
Protocol No. 32.
Record of the Proceedings of the Fisheries Commission, at the Thirty-second Conférence, held at Halifax, Nova Scotia, on the 5th day of September, 1877.
The Commission met a noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read records of the last Conférence , which were approved , and signed by the Commissioners , the Secretary, and the Agents.
Mr. Forster read the notice of motion which had been filed by him at the Conférence of the lst of September (see Protocoll No. 29), and supported the application made therein on behalf of the United States.
Mr. S. R. Thomson, Mr. Doutre, Mr. Weatherbe, and Mr. Whiteway, answered on behalf of Her Majesty's Government. Mr. Trescot and Mr. Dana replied. (No. 3, Appendix J.)
The Commission then adjourned at 4 P. M. till the next day at noon. Maurice Delfosse. Francis Clare Ford.
F. H. Kellogg. Dvoiglxt Foster.
A. 1. Galt.
J. H, G. Bergne.
Commission de Halifax,
Protocol No. 33.
Record of the Proceedings of the Fisheries Commission, at thc Thirtythird Conférence, held at Halifax, Nova Scotia, on the 6th day of Sep-
tember, 1877.
The Commission met at noon, as appointed.
The three Oommissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président , the Secretary read the records of the last Conférence, which were approvcd, and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster read certain documents relative to the liability to confiscation of United States' vessels for obtaining supplies, trans-shipping cargoes, &c. (No. 3, Appendix J.)
The matter was discussed by Mr. Foster, Mr. S. R. Thomson, and Mr. Weatherbe.
Mr. Dana then resumed his speech left unfinished at the close of the proceedings of the préviens day.
The Commission then retired to deliberate , and on their return , the Président read the following décision: —
»The Commission having considered the motion submitted by the Agent of the United States, at the Conférence held on the 1 st instant, décide :
»That it is not within the compétence of this Tribunal to award compensation for commercial intercourse between the two countries , nor for the purchasing of bait, ice, supplies , &c. , &c. , nor for the permission to trans-ship cargoes in British waters.«
Sir Alexander Galt stated the reasons which had induced him to acquiesce in this décision, which was unanimous. (See No. 3, Appendix J.)
Mr. Marshal Paquet, of Souris, Prince Edward Island, a farmer and fisherman , was next called , ancl gave évidence on oath on matters connecied with the inquiry. (No. 5'5, Appendix F.) •
The witness was examined by Mr. Davies , and cross- examined by Mr. Foster.
Mr. Barnaby Mclsaac, of East Point, Prince Edward Island, a farmer and fisherman, was called, and gave évidence on oath on matters connected with the inquiry. (No. 56, Appendix F.)
The witness was examined by Mr. Davies, and cross - examined by Mr. Dana.
Mr. Joseph Tierney , of Souris , Prince Edward Island , a master mariner and fisherman , was called , and gave évidence on oath on matters connected with the inquiry. (No. 57, Appendix F.)
The witness was examined by Mr. Davies, and cross - examined by Mr. Foster.
Mr. James McPhee , of East Point , Prince Edward Island , a farmer and fisherman, was called, and gave évidence on oath on matters connected with the inquiry. (No. 58, Appendix F.)
Mm2
Etats- Unis , Grande- Bretagne.
The witness was examined by Mr. Davies. No cross - examination was desired.
Mr. Whiteway read an affidavit made relative to the présent inquiry by Mr. J. 0. Fraser. (No. 274, Appendix G.)
Mr. Whitewa}^ also handed in a certified copy of a despatch from the Earl of Kimberley to Governor Hill, dated the 7th July, 1871, relative to the admission of United States' fishermen to Newfoundland waters. (Appendix N.)
Mr. John MacDonald, of East Point, Prince Edward Island, a farmer and formerly- a fisherman, was called, and gave évidence on oath on matters connected with the inquiry. (No. 59, Appendix F.)
The witness was examined by Mr. Davies. No cross - examination was desired.
The Commission adjourned at 5 P.M. till the next day at noon. Maurice Del fosse. Francis Clare Ford.
E. H, Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 36.
Record of the Proceedings of the Fisheries Commission, at the Thirtysixth Conférence, held at Halifax, Nova Scotia, on the 18th day of Sep-
tember, 1877.
The Commission met a noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président , the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. William H. Harrington, of Halifax , Nova Scotia , a commission and fîsh agent, was called, and gave évidence on oath on matters connected with the inquiry. (No. 78, Appendix F.)
The witness was examined by Mr. Davies, and cross-examined by Mr. Dana.
Mr. John Purney , of Sandy Point , Shelburne , Nova Scotia , a fish merchant, was next called, and gave évidence on oath on matters connected with the inquiry. (No. 79, Appendix F.)
The witness was examined by Mr. S. R. Thomson, and cross-examined by Mr. Dana.
Mr. Robert G. Noble, of Halifax, Nova Scotia, a commission and fish agent, was called, and gave évidence on oath on matters connected with the inquiry. (No. 80, Appendix F.)
The witness was examined by Mr. Davies, and cross-examined by Mr. Dana.
Mr. James Barry, of the Customs Department, at Ottawa, was called and gave évidence on oath on matters connected with the inquiry. (No. 81, Appendix F.)
Commission de Halifax.
The witness was examined by Mr. Davies.
Mr. Davies then read affidavits made relative to the présent inquiry by the following persons : —
(Here follows a list of 18 déponents.)
Tins closed the Case of Her Majesty's Government, with the exception of a few witnesses , expected at a later date, permission to examine whom, during the course of the United States' évidence, was asked and obtained.
The Commission adjoumed at 3'3<> P.M. until the next day at noon. Maurice Del fosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
J. H. G. Bergne.
Protocol No. 37.
Record of the Proceedings of the Fisheries Commission , at the Thirtyseventh Conférence, held at Halifax, Nova Scotia , on the 19th day of
September, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary rcad the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster, in commencing the Case of the United States, stated that he did not propose to make any formai opening, but that before proceeding to examining witnesses, he would hand in certain statistical documents relating to the fisheries , and the trade in fish between the United States and British North America.
Thèse statistics were accompanied by an affîdavit as to their correctness, by the compiler, Mr. Hamilton Andrews Hill, of Boston. (Appendix 0.)
Mr. David Ingersoll , of Gloucester , Massachusetts , a fisherman , was then called, and gave évidence on oath on matters connected with the inquiry. (No. 4, Appendix L.)
The witness was examined by Mr. Foster, and cross-examined by Mr. S. R. Thomson.
Mr. Nathaniel E. Attwood, of Provincetown , Massachusetts, a manufacturer and dealer in cod-liver oil, and formerly a fisherman, was called, and gave évidence on oath on matters connected with the inquiry. (No. 5, Appendix L.)
The witness was examined by Mr. Foster.
The Commission adjourned at 4 P.M. until next day at noon. Maurice Del fosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Etats- Unis , Grande-Bretagne.
Protocol No. 63.
Record of the Proceedings of the Fisheries Commission, at tlie Sixty-third Conférence, held at Halifax, Nova Scotia, on the 24th day of October, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Mr. Fitz J. Babson, Collector of Cnstoms at Gloucester, Massachusetts, was called, and gave évidence on oath on matters connected with the inquiry. (No. 78. Appendix L.)
The witness was examined by Mr. Trescot, and cross- examined by Mr. Davies.
Mr. Babson produced a statement collectée! by Inspector Blatchford of the resnlts of fishing opérations of certain Grloucester firms.
Upon the présentation of this paper, objection was made by Messrs. Thomson and Davies to its being received , npon the ground that the statements therein included were not sworn to.
Mr. Foster submittecl that, under the Treaty, he had the right to file this return as évidence, to go for what it was worth before the Commissioners.
The Commissioners so decided , and the paper was aceordingly filed. (No. 4, Appendix 0.)
Mr. Foster then filed thirty - two affidavits made by various persons relative to the présent inquiry. (Nos. 249 to 280, inclusive, Appendix M.)
Mr. Foster also handed in a statement of the mackerel inspectée! at Portsmouth and Newcastle for the years 1869 to 1877, inclusive. (No. 5, AppendixO.)
Also a summary of the Annual Returns of the Inspector - General of Fish for the State of Maine, for the years 1866 to 1873, inclusive. (No. 6, Appendix 0.)
Mr. Foster then stated that the Case of the United States was now closed, with the exception of certain returns of the Inspector-General of Fish of Massachusetts , which by agreemeut were to be introduced when received.
Mr. Daniel M. Browne, of Halifax, Nova Scotia, a retired Navigating Lieutenant of the Royal Navy, and now a Clerk in the Marine and Fisheries Department of Canada, was then called on behalf of Her Majesty's Government, and gave évidence on oath on matters connected with the inquiry. (No. 83, Appendix F.)
The witness was examined by Mr. S. R. Thomson, and cross-examined by Mr. Foster.
This closed the direct évidence on behalf ofHer Majesty's Government. The Commission then adjourned until the next day at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. 2. Galt.
J. H. G. Bergne,
Commission de Halifax.
Protokol No. 64.
Record of the Proceedings of the Fisheries Commission, at thc Sixty-fourtb Conférence, held at Halifax, Nova Scotia, onthe25thday ofOctober, 1877.
The Commission met a noon, as appointed.
The three Commissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
The rebuttal évidence on behalf of Her Majesty's Government was commenced.
Mr. Henry Youle Hind, M. A., of Windsor, Nova Scotia, was called, and gave évidence on oath on matters connected with the inquiry. (No. 1, Appendix Q.)
The witness was examined by Mr. S. R. Thomson and by Mr. Whiteway. The Commission then adjourned till next day at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. 1. Galt.
J. H. G. Bergne.
Proto col No. 66.
Record of the Proceedings of the Fisheries Commission, at the Sixty-sixth Conférence, held at Halifax, Nova Scotia, on the lst day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed ,by the Commissioners, the Secretary, and the Agents.
Mr. Whiteway read affidavits made relative to the présent inquiry by the following persons, résident in Newfoundland : — (Here folio ws a list of 7 déponents.)
Mr. D outre then stated that the Case of Her Majesty's Government was now altogether closed.
Mr. Foster stated that he hoped to be prepared to address the Court on Monday, the 5th November, and the Commission accordingly adjourned until that day at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
États- Unis, Grande- Bretagne.
Protocol No. 67.
Record of the Proceedings of the Fisheries Commission , at the Sixty - seventh Conférence, held at Halifax, Nova Scotia, on the 5th day of No-
vember, 1877.
The Commission met at noon, pursnant to adjonrnecl. The three Commissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président , the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster commenced the Closing Argument on behalf of the United States. (No. 4, Appendix J.)
The Commission adjourned at 3*30 P.M. until the next day at noon. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
J. H. G. Bergne.
Protocol No. 68.
Record of the Proceedings of the Fisheries Commission, at the Sixty-eighth Conférence, held at Halifax, Nova Scotia, on the 6th day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , wich were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Foster resumed his address left unfinished the previous day.
On the conclusion of his speech, Mr. Foster requested permission to be absent for a few days on urgent private aftairs. He suggested that during his absence the records should be signed on his behalf by Mr. R. H. Dana, Junr.
The proposai was accepted by the Commissioners.
The Commission then adjourned until Thursday, the 8th November, at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. 1. Galt.
J. H. G. Bergne.
Protocol No. 69.
Record of the Proceedings of the Fisheries Commission, at the Sixty-ninth Conférence, held at Halifax, Nova Scotia, on the 8th day of November, 1877.
The Commission met at noon, as appointed,
Commission de Halifax.
The three Commissioners , and the Agents of the United States (Mr. R. H. Dana, Junr., acting) and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signcd by the Commissioners, the Secretary, and the Agents.
Mr. Trescot addressed the Commissioners in continuation of the closing arguments on behalf of the United States. (No. 5, Appendix J.)
On the conclusion of Mr. Trescot's address the Commission adjourned until the next day at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. 1. Galt.
J. H. G. Beryne.
Protocol No. 70.
Record of the Proceedings of the Fisheries Commission , at the Seventieth Conférence, held at Halifax, Nova Scotia, on the 9th clay of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners , and the Agents of the United States (Mr. R. H. Dana, junr., acting) and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Mr. Dana addressed the Commissioners in continuation of the closing arguments on behalf the United States. (No. 6, Appendix J.)
The Commission adjourned at 4 P.M. until the next day at noon. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 71.
Record of the Proceedings of the Fisheries Commission, at the Seventyfirst Conférence, held at Halifax, Nova Scotia, on the lOth day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners , and the Agents of the United States (Mr. R. H. Dana, Junr., acting) and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Mr. Dana resumed his speech left unfinished the previous day.
This concluded the final arguments on behalf of the United States.
Mr. Thomson then stated that the British Counsel would be prepared
Elats- Unis , Grande- Bretagne.
to commence the closing arguments on behalf of Her Britannic Majesty's Government on Thursday, the 15th November ; and the Commission accordingly adjourned until that day at no on.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Divight Foster.
J. H. G. Bergne.
Protocol No. 72.
Eecord of the Proceedings of the Fisheries Commission, at the Seventysecond Conférence, held at Halifax, Nova Scotia, on the 15th day of
November, 1877.
The Commission met at noon, as appointée!.
The three Commissioners, and the Agents of the United States (Mr. R. H. Dana, Junr., acting) and of Great Britain respectively, were présent.
By direction of the Président , the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, ancl the Agents. .
Mr. Whiteway commenced the closing arguments on behalf of Her Britannic Majesty's Government. (No. 7, Appendix J.)
The Commission then adjourned until the next day at noon.
Maurice Delfosse. Francis Clare lord.
E. A. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 73.
Record of the Proceedings of the Fisheries Commission, at the Seventythird Conférence, held at Halifax, Nova Scotia, on the 16th day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Doutre addressed the Commission in continuation of the closing arguments on behalf of Her Majesty's Government. (No. 8, Appendix J). The Commission adjourned until Saturday, the 17th November, at 3 P.M. Maurice Delfosse. Jbrancis Clare Ford.
E. H. Kellogg. , Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Commission de Halifax.
Protocol No. 74.
Record of tlie Proceedings of the Fisheries Commission, at the Seventyfourth Conférence, held at Halifax, Nova Scotia, on the 1 7 th day of No-
vember, 1877.
The Commission met at 3 P. M., as appointed.
The three Commissioners , and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. Doutre resumed liis speech left unfinished the previous day. The Commission adjourned at 4.20 P. M., until Monday , the 19th of November, at noon.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dioight Foster.
J. H. G. Bergne,
Pr otoc ol No. 75.
Record of the Proceedings of the Fisheries Commission, at the Seventyfifth Conférence, held at Halifax, Nova Scotia, on the 19th day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Mr. S. R. Thomson addressed the Commissioners in continuation of the closing arguments on behalf of Her Britannic Majesty's Government. (No. 9, Appendix J.)
The Commission adjourned at 4 P. M. until the next day at noon. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dioight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 76.
Record of the Proceedings of the Fisheries Commission, at the Seventysixth Conférence, held at Halifax, Nova Scotia, on the 20th day of November, 1877.
The Commission met at noon, as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
États Unis , Grande-Bretagne.
By direction of the Président, the Secretary reacl the records -of the last Conférence , winch were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. S. R. Thomson resnmed his address left unfinished the previous day. The Commission adjonrned until the next day at 11 A. M.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. G ait.
J. H. G. Bergne.
Protocol No. 77.
Record of the Proceedings of the Fisheries Commission, at the Seventyseventh Conférence, held at Halifax, Nova Scotia, on the 21st day of
November, 1877.
The Commission met at 1 1 A. M., as appointed.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence , which were approved , and signed by the Commissioners, the Secretary, and the Agents.
Mr. S. R. Thomson resnmed his address left unfinished the previous day; and on its conclusion stated that the Case on behalf of the United States having been conclucled , that of Her Majesty's Government was now finally closed.
The Président then requested the Secretary to enter on the minutes that the Commissioners desired to record their thanks to Mr. Bergne for his services as Secretary to the Commission ; and their sensé of the zeal, intelligence, and accuracy which had marked the discharge of his duties. The Commission adjourned until Friday, the 23rd November, at 2 P.M. Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. H. G. Bergne.
Protocol No. 78.
Record of the Proceedings of the Fisheries Commission , at the Seventyeighth Conférence, held at Halifax, Nova Scotia, on the 23rd day of November, 1877.
The Commission met at 3 P.M., pursuant to adjournment.
The three Commissioners, and the Agents of the United States and of Great Britain respectively, were présent.
By direction of the Président, the Secretary read the records of the last Conférence, which were approved, and signed by the Commissioners, the Secretary, and the Agents.
Commission de Halifax.
The Président first expressed the thanks of the Commissioners to Mr. Foster and to Mr. Ford for the able manner in which they had conducted the proceedings , and his best wishes for the welfare of ail those who had been connected with the inqniry.
The Président then read the following Award : —
»The nndersigned Commissioners appointed under Articles XXII and XXIII of the Treaty of Washington of the 8th May, 1871, to détermine, having regard to the privilèges accorded by the United States to the subjects of Her Britannic Majesty , as stated in Articles XIX and XXI of said Treaty, the amount of any compensation which in their opinion ought to be paid by the Government of the United States to the Government of Her Britannic Majesty , in return for the privilèges accorded to the citizens of the United States, under Article XVIII of the said Treaty;
» Having carefully and impartially examined the matters referred to the m according to justice and equity, in conformity with the solemn déclaration made and subscribed by them on the fifteenth day of June, one thousand eight hundred and seventy-seven:
» Award the sum of rive millions five hundred thousand dollars, in gold , to be paid by the Government of the United States to the Government of Her Britannic Majesty, in accordance with the provisions of the said Treaty.
»Signed at Halifax, this twenty-third day of November, one thousand eight hundred and seventy-seven.
» Maurice Delfosse.
*A. T. Galt.«
»The United States' Commissioner is of opinion that the advantages accruing to Great Britain under the Treaty of Washington are gerater than the advantages conferred on the United States by said Treaty, and he cannot therefore concur in the conclusions announced by his colleagues.
»And the American Commissioner deems it his duty to state further that it is questionable whether it is compétent for the Board to make an award under the Treaty, except with the unanimous consent of its members.
»E. H. Kellogg, Commissioner. «
Mr. Foster then addressed the Commission as follows: — » Gentlemen of the Commission,
»I have no instructions from the Government of the United States as to the course to be pursued in the contingency of such a resuit as has just been announced.
»But if I were to accept in silence the paper signed by two Commissioners, it might be claimed hereafter that, as Agent of the United States, I had acquiesced in treating it as a valid Award. Against such an inference it seems my duty to guard. I therefore make this statement, which I désire to have placed upon record. «
Mr. Kellogg next expressed his thanks, and those of Sir A. T. Galt,
Grande-Bretagne , Uruguay.
to M. Delfosse, for the manner in which he had fulfilled the duties of
Président of the Commission.
The Président then announced that the Commission was adjourned sine die.
Maurice Delfosse. Francis Clare Ford.
E. H. Kellogg. Dwight Foster.
A. T. Galt.
J. G. H. Bergne.
