200 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



Q. A man must reside or remain there for the purpose of attending these pounds ? 



A. Yes, for two or three mouths in the year. 



Q. He must be a resident of the shore for two or three months in order to attend to 

 these pounds? — A. Certainly; he must be on the ground, as any fishermen must be 

 when fishing, in his boat. 



Q. Practically and really this is a fishery which must be carried on by persons on 

 the spot ? — A. Of course ; all fisheries must be carried on on the spot ; but they need 

 not necessarily be carried on by residents of that region or by citizens of the State. 

 Most of these fisheries in Buzzard's Bay are carried on by people who do not usually 

 live ou the spot. 



Q. At all events, do you seriously state that under the provisions of the Washing- 

 ton treaty wo have a right to put down pounds on the American shore ? — A. I think 

 so, with the consent of the owner of the shore. 



Q. That is another question. — A. Will you kindly read the clause of the treaty of 

 Washington in this relation ? 



Q. It is as follows : 



" It is agreed by the high contracting parties that, in addition to the liberties se- 

 cured to the United States fishermen by the convention between Great Britain and 

 the United States, signed at London on the '20th day of October, 1818, of taking, cur- 

 ing, 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 for the term of years mentioned in Article XXXIII 

 of this treaty, to take fish of every kind, except shell-fish, on the sea-coasts and 

 shores, and in the bays, harbors, and creeks of the provinces of Quebec, Nova Scotia, 

 and New Brunswick, and the colony of Prince Edward Island, and of the several 

 islands thereunto adjacent, without being restricted to any distance from the shore, 

 with permission to land upon the said coasts and shores and islands, and also upon 

 the Magdalen Islands, for the purpose of drying their nets and curing their fish." 



A. Yes; I do not understand that any mode of fishing is prohibited under this 

 treaty, unless it is so mentioned in express terms, as is the case with shad, salmon, 

 and shell-fish. I do not understand that any mode of fishing is prohibited to the citi- 

 zens of the opposite nation, except what conflicts with the local law of the country. 



Q. Can these pounds be put down without lauding to make preparations for that 

 purpose ? — A. Yes ; perfectly well. It is not absolutely necessary to go on shore at 

 all to do it; indeed I know of a great many pounds which do not touch the shore, 

 but which are started 20, 30, or 50 yards from the shore. 



Q. Do you seriously contend that there are territorial rights given us under the 

 Washington treaty, because you recollect that the putting down of poles in the soil is 

 a territorial right ? — A. Yes. 



Q. Do I seriously understand you to contend that, under this treaty, rights are 

 given either to the Americans on the one side or to the British ou the other, as to do- 

 ing anything on the shores of either country except landing to cure fish and dry 

 nets f— A. I understand that if you wish to start a pound in Buzzard's Bay, you could 

 go to Naushon Island, owned by John M. Forbes, an eminent citizen of the United 

 States, and with his permission you can do so ; and that you require no permission in 

 this regard either from the State of Massachusetts or the Government of the United 

 States; he has precisely the same right to give authority to put down a pound, I 

 think, as has Ashby, who was a witness here and a native of Connecticut. 



Q. That is to say that Mr. Forbes, who owns the land, could allow mo to go and 

 put down a pound there ? — A. There is not the slightest question about it. 



Q. Could he not do that before this treaty was ratified ? — A. I do not know whether 

 he could do so or not ; I cannot say anything about that ; that is a legal question. 



Q. He could have given me that right previous to the treaty just as well as since ? 

 —A. I do not know what exact right the treaty may give in this relation ; but that 

 js no reason why this might nqt be done. I consider that this fishery is now perfectly 

 open to Canadians. 



