354 HISTORY AND METHODS OF THE FISHERIES. 



ermen can thus find sufficient bait at home, and can purchase from American dealers any quanti- 

 ties they require much cheaper than by making voyages to United States waters in order to catch 

 it for themselves. It is a remarkable fact that for six years past American fishermen have bought 

 from Canadians m.ore herring bait alone than all the menhaden bait imported into Canada during the 

 same period. The menhaden bait itself can also be bred and restored to places in the Bay of Fundy, 

 on the western coast of Nova Scotia, where it existed up to the time of its local extermination." 



And again: "It is notorious that the supply both of food and bait fishes has become alarm- 

 ingly scarce along the United States coast. At Gloucester alone some thirty vessels are engaged 

 during about six months in each year catching menhaden for bait. They sell about $100,000 worth 

 annually, and, by catching them immoderately in nets and weirs for supplying bait and to furnish 

 the oil mills, they are rapidly exterminating them. The Massachusetts Fish Commissioners, in 

 their report for 1872, state that ' it takes many hands working in many ways to catch bait enough 

 for our fishing fleet, which may easily be understood when it is remembered that each George's 

 man takes 15 or 20 barrels for a trip, and that each mackereler lays in from 75 to 120 barrels, or 

 even more than that.' One of the principal modes for the capture of bait and other fishes on the 

 New England coast is by fixed traps or pounds on the shore. By means of these, herrings, alewives, 

 and menhaden are caught as bait for the sea fishery, besides merchantable fish for the markets, and 

 the coarser kinds for the supply of the oil factories. There are upward of sixty of these factories 

 now in operation on the New England coast. The capital invested in them approaches $3,000,000. 

 They employ 1,197 men, 383 sailing vessels, and 29 steamers, besides numerous other boats. The 

 fish material which they consume yearly is enormous, computed at about 1,1 91,100 barrels, requir- 

 ing whole fishes to the number of about 300,000,000. These modes of fishing for menhaden and 

 other bait are, furthermore, such as to preclude strangers from participating in them without 

 exceeding the terms of the treaty; and even without this difficulty it must be apparent that such 

 extensive native enterprises would bar the competition and suffice to insure the virtual exclusion 

 of foreigners." 



THE REPLY OF THE AGENT OF THE UNITED STATES. In the "Answer on behalf of the United 

 States of America to the case of Her Britannic Majesty's Government,"* Judge Foster states: 

 <' Off the American coast are found exclusively the menhaden or porgies, by far the best bait for 

 mackerel." 



This is well stated by Sir John MacDonald (in a debate in the Dominion Parliament, May 3, 

 1872), who says: 



"It is also true that in American waters the favorite bait to catch the mackerel is found, 

 and it is so much the favorite bait that one fishing vessel having this bait on board would draw a 

 whole school of mackerel in the very face of vessels having an inferior bait. Now, the value of 

 the privilege of entering American waters for catching that bait is very great. If Canadian fisher- 

 men were excluded from American waters by any combination among American fishermen or by 

 any act of Congress, they would be deprived of getting a single ounce of the bait. American fisher- 

 men might combine for that object, or a law might be passed by Congress forbidding the exporta- 

 tion of menhaden; but, by the provision made in the treaty, Canadian fishermen are allowed to 

 enter into American waters to procure the bait, and the consequence of that is that no such com- 

 bination can exist, and Canadians can purchase the bait, and be able to fish on equal terms with 

 the Americans." 



These statements were based upon the Canadian official reports previously published, which 

 say: 



* Proceedings of the Halifax Commission, Appendix B, pp. 18, 19. 



