England, he knew, had
been mulcted in fifteen and a half millions in the Geneva award, and
the San Juan controversy had been decided against her by the Emperor
of Germany. With the connections and surroundings of Mr. Delfosse he
would have been more than human if he had not desired England to
triumph in at least one of the questions submitted to arbitration under
the Treaty of Washington. But while these circumstances relieve Mr.
Delfosse from any imputation upon his personal or official honor, they
only render more prominent and more offensive the singular pertinacity
with which the British Government insisted upon his appointment as one
of the Commissioners in an arbitration that was originally designed to
be impartial.

[(1) The third article of the treaty of 1782 is as follows: "It is
agreed that the people of the United States _shall continue to enjoy
unmolested_ the right to take fish of every kind on the Grand Bank,
and on all the other banks of Newfoundland; also in the Gulph of St.
Lawrence, and at all other places in the sea, where the inhabitants
of both countries used at any time heretofore to fish; and also that
the inhabitants of the United States shall have liberty to take fish
of every kind on such part of the coast of Newfoundland as British
fishermen shall use (but not to dry or cure the same on that island);
and also on the coasts, bays, and creeks of all other of his Britannic
Majesty's dominions in America and that the American fishermen shall
have liberty to dry and cure fish in any of the unsettled bays,
harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador,
so long as the same shall remain unsettled; but so soon as the same or
either of them shall be settled, it shall not be lawful for the said
fishermen to dry or cure fish at such settlement, without a previous
agreement for that purpose with the inhabitants, proprietors, or
possessors of the ground." Precisely the same concession is embodied
in the treaty of 1783.]

[(2) Article I. of the treaty of 1854 provided:--

"ARTICLE I. It is agreed by the high contracting parties that in
addition to the liberty secured to the United-States fishermen by the
above-mentioned convention of Oct. 20, 1818, of taking, curing, and
drying fish on certain coasts of the British North American colonies
therein defined, the inhabitants of the United States shall have, in
common with the subjects of her Britannic Majesty, the liberty to take
fi