DEBATE OF NOVEMBER 30, 1887.Question: "Can the treatment of American fishermen by the Canadian authorities be justified?"

Brief for the Affirmative.E. A. Harriman and F. D. Peale.

Best single reference: Foster in Foreign Relations of U. S. for 1886 (Great Britain); Isham's Fisheries Dispute passim.

I. Acts of Canadian authorities not acts of individual officials.

II. Canadian attitude justifiable on grounds of international law-Boyd in Fortnightly Review, xlv., 780.

III. Canadian attitude justifiable on ground of policy.

(a) Previous amicable arrangements broken off by the U. S. from selfish motives; (b) Canada justified in asserting her legal rights, both to protect her fishermen and to show the value of the privileges sought by Americans.- Lorne in Fortnightly Review, xlvii., 459.

Brief for the Negative.E. L. Blossom and D. T. Dickinson.

Best General Reference:- Mr. Phelps Note to Lord Roseberry in Foreign Relation, 1886, p. 341.

I. Canada's treatment of American fishermen has been unfriendly, inhospitable and often barbarous.- Foreign Relations, 1886, pp., 334-527, passim (affidavits, consular reports, etc.)

II. Treaties should be interpreted in accordance with the present customs of civilized nations.- Pomeroy, Int. Law, p. 352 and 284.

III. Prior to 1886 the attitude of Great Britain and Canada did not contradict this principle.

IV. The action of the Canadian authorities is sanctioned neither by the spirit of the Treaty of 1818 nor by the intention of the contracting parties.

V. The Treaty of 1818 technically enforced is relied upon as instrumentality to extort reciprocity from the United States.- Jay's Fishing Question, 6-13; Bayard's Letter in Foreign Relations, 1886, p. 373.