RECORD OF THE PROCEEDINGS OF THE HALIFAX COMMISSION, 1877.

LIST OF APPENDICES.

A.-Case of Her Britannic Majesty's Government.

B.-Answer on behalf of the United States of America to the Case of Her Britannic Majesty's Government.

C.-Brief of 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.

D.-Reply on behalf of Her Britannic Majesty's Government to the answer of the United States of America.

E.-Documents filed in support of the Case of Her Britannic Majesty's Government.

F.—British evidence.

G.-British affidavits.

H.-Official correspondence showing the encroachments of United States fishermen in British North American waters.

I.-Newfoundland statistics.

J.-Arguments of counsel before the Halifax Commission, including the final arguments.

K.-Brief on behalf of Her Britannic Majesty's Government in reply to the brief for the United States.

L-United States evidence.

M.-United States affidavits.

N.-Document filed by the counsel for Newfoundland.

O.-United States statistics.

P.-Judgments in vice-admiralty court.

Q.-Testimony in rebuttal on behalf of Her Britannic Majesty's Gov

ernment.

R.-Documents filed by United States counsel respecting insurance and shipping papers.

PROTOCOLS OF EACH DAY'S CONFERENCE.

PROTOCOL I.

Record of the proceedings of the Commission appointed under Articles 22 and 23 of the Treaty of Washington, of the 8th of May, 1871, at the first conference held at Halifax, Nova Scotia, on the 15th day of June, 1877.

The conference was convened at the Legislative Council Chamber, at Halifax, in accordance with an arrangement previously made between the three Commissioners.

The Commissioners who were present and produced their respective powers, which were examined and found to be in good and due form,

were:

His Excellency Monsieur Maurice Delfosse, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Belgians, at Washington, named by the Ambassador at London, of His Imperial Majesty the Emperor of Austria-Hungary;

The Hon. Ensign H. Kellogg, named by the President of the United States; and

Sir Alexander T. Galt, K. C. M. G., named by Her Britannic Majesty. The Hon. Dwight Foster attended the conference as Agent of the United States, and Francis Clare Ford, esq., attended as Agent of Her Britannic Majesty.

The Hon. Ensign H. Kellogg then proposed that M. Delfosse should preside over the labors of the mission; and

M. Delfosse having expressed his acknowledgments, assumed the Presidency.

Sir A. T. Galt then requested M. Delfosse to name some suitable person to act as Secretary of the Commission. M. Delfosse named J. H. G. Bergne, esq., of the Foreign Office, London, who accepted the position. The Commissioners thereupon proceeded to make and subscribe the following solemn declaration, which was read by the Secretary, and signed in duplicate by each of the Commissioners:

"We, the undersigned, namely, His Excellency Monsieur Maurice Delfosse, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Belgians, at Washington, etc., etc., etc., appointed by the Ambassador in London of His Imperial Majesty the Emperor of Austria-Hungary;

"The Honorable Ensign H. Kellogg, etc., etc., etc., appointed by the President of the United States; and

"Sir Alexander Tillock Galt, K. C. M. G., etc., etc., etc., appointed by Her Britannic Majesty;

"Having met at Halifax as Commissioners under Article 22 of the Treaty of Washington of the eighth of May, 1871, to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles 19 and 21 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 privileges accorded to the citizens of the United States, under Article 18 of the said Treaty, do hereby solemnly declare that we will impartially and carefully examine and decide 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 fifteenth day of June, one thousand eight hundred and seventy-seven." 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 procedure of the Commission, which had been submitted to him by Mr. Ford. To these, 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 decision:

"The Commissioners having considered the statements made by the Agents of the respective governments; decide, 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."

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 24 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 parte 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 deliberation, and on their return, M. Delfosse stated that the following rules had been adopted for the procedure of the court; and directed them to be read by the Secretary:

RULES FOR THE PROCEDURE OF THE HALIFAX COMMISSION.

I. When the Commissioners shall have completed all necessary preliminary arrangements, the British Agent shall present a copy of the "Case" of Her Majesty's Government to each of the Commissioners, and duplicate copies to the United States Agent.

II. 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.

III. The evidence 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 evidence brought forward in support of the United States Counter-case 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 evidence in reply on the British side, unless a further time be allowed by the Commissioners on application. But as soon as the evidence 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 evidence 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 argu. ments 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 as finally closed, unless the Commissioners shall direct further arguments upon the especial points, the British Government having in

such case the right of general reply; and the Commissioners shall at once proceed to consider their award. The periods thus allowed for hearing the evidence shall be without counting any days of adjournment that may be ordered by the Commissioners.

IV. The Commissioners shall meet from day to day at the place appointed, unless otherwise adjourned.

V. 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.

VI. The Secretary shall keep a Notice Book, in which entries may be made by the Agent or Counsel for either Government, and all entries in such book shall be due notice to the opposing Agent or Counsel.

VII. The minutes of proceedings and evidence shall be kept in duplicate, one of which will be delivered to the Agent of each Government at the close of the proceedings.

VIII. 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.

IX. The oral evidence shall be certified by the reporters taking the

same.

X. The Secretary will have charge of all 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 reference, and at the close of the proceedings books and papers filed shall be returned to the respective parties who may have produced them.

XI. All witnesses shall be examined on oath or solemn affirmation, and ex parte affidavits are to be admitted.

XII. The Award shall be made out in duplicate, and copy be presented to respective Agents of the two Governments.

XIII. The Commissioners shall have power to alter, amend, add to, suspend, or annul, any of the foregoing rules as may seem to them expedient during the course of the proceedings.

Mr. Ford then proceeded to name the British Counsel, as follows: Joseph Doutre, esq., Q. C., of Montreal.

S. R. Thomson, esq., Q. C., of St. John, New Brunswick.

Hon. W. V. Whiteway, of St. John's, Newfoundland.

Hon. Louis H. Davies, of Charlottetown, Prince Edward Island, and R. L. Wetherbe, 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 presentation 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 "Case" 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 teenth June, at noon.

until the next day, the six

MAURICE DELFOSSE.
E. H. KELLOGG.

A. T. GALT.

FRANCIS CLARE FORD.
DWIGHT FOSTER.

J. H. G. BERGNE.

PROTOCOL II.

Record of the proceedings of the Fisheries Commission at the second conference, held at Halifax, Nova Scotia, on the 16th day of June, 1877.

The conference was held pursuant to adjournment.

The three Commissioners, and the Agents of the United States and of Great Britain, respectively, were present.

The President having directed the Secretary to read the records of the last conference, these 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.
E. H. KELLOGG.

A. T. GALT.

FRANCIS CLARE FORD.
DWIGHT FOSTER.

J. H. G. BERGNE.

PROTOCOL III.

Record of proceedings of the Fisheries Commission at the third conference, 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 present.

The Secretary reported that during the adjournment the United States Agent had, in compliance with the second rule adopted for the procedure 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 of Her Britannic 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 President, then read the records of the last conference, 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: Mr. William H. Trescot, of Washington, and Mr. Richard H. Dana, jr., of Boston.

Mr. Foster added that he might possibly, although not probably, name others at a later day.

The Secretary then informed the President that, subject to the ap. proval of the Commissioners, the services of Mr. George B. Bradley,