imate upon the three-mile fisheries, while the
American fishermen followed the privilege rather as a convenience and
as an exemption from this annoyance and expense of seizure and
trial, than as having any very large intrinsic value.
When the Joint High Commissioners proceeded to consider the question of
the fisheries three different views were manifest. The British
Commissioners desired a restoration of the Reciprocity Treaty, to which
the American Commissioners replied that such a concession was
impossible. During the discussion to which this refusal led, the
American Commissioners declared that the value of these inshore
fisheries had been largely over-estimated, and that the United-States
Government desired to secure their enjoyment, not for their commercial
or intrinsic value, but for the purpose of removing a source of
dissension. They intimated that $1,000,000 was the largest sum which
they would be disposed to offer for the full and permanent use of
the inshore fisheries without the addition of any privilege as to the
free admission of fish and fish-oil. The British Commissioners
considered this to be an entirely inadequate estimate of the value of
the fisheries and found insuperable difficulties in the way of an
absolute and permanent transfer of the rights.
After prolonged consideration and discussion the American Commissioners
finally declared that they were "willing (subject to the action of
Congress) to concede the admission of Canadian fish and fish-oil free
of duty as an equivalent for the use of the inshore fisheries, and to
make the arrangement for a term of years." They were firmly and
intelligently of the opinion that free fish and free oil to the
Canadian fishermen would be more than an equivalent for these
fisheries; but they were also willing to agree upon a reference to
determine that question and the amount of money-payment that might be
found necessary to complete the equivalent--it being understood that
the action of Congress would be needed before any payment could be
made. This proposition was referred by the British Commissioners to
their Government, was accepted by cable, and was at once embodied in
the treaty. These articles adopted the language of the Reciprocity
Treaty of 1854, recognizing, as it might again be claimed by the
British Government, the existence and full force of the Convention of
1818. The Commission then provided for the freedom from duty of
Colonial fish and
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