336 APPENDIX TO BRITISH CASE. 



consider entirely erroneous. As I have examined the scattered and 

 fragmentary accounts of Labrador, there is no proof whatever that 

 its fishing grounds were occupied by our countrymen until after 

 we became an independent people. 



In 1761 Sir Francis Bernard, who was then Governor of Massa- 

 chusetts, wrote a brief " Account of the coast of Labrador," which 

 found among some of his papers is preserved in the Collections of 

 the Massachusetts Historical Society. After some general remarks 

 upon the country, and the ignorance that existed relative to the 

 natives, he proceeds to sav that, "What follows shall be a plain 

 narration of facts, as I received them from several persons who have 

 been on the Esquimeaux coast, with now and then a digression, 

 which I hope may be pertinent." These persons appear to have been 

 Captain Henry Atkins, of Boston, who made a voyage to Davis's 

 Straits in the ship Whale in 1729, and who visited the coast a second 

 time in 1758, and a captain Prebble, who was sent by Atkins in 1753. 

 The baronet describes the course of affairs between Atkins and the 

 Indians in 1729, and adds that he " is the more particular in this 

 account from the captain's own mouth, as he thinks it plainly indi- 

 cates that the natives on this coast and islands had never any trade 

 or commerce with any civilized people from Europe or America ; of 

 course not with the French from Canada, or the Hudson's Bay 

 factories." This is conclusive, especially if it be remembered that 

 the object of Sir Francis was to collect information " for the ad- 

 vantage of future navigators." His memory was remarkable, and 

 he himself said that he could repeat the whole of Shakespeare. Of 

 course, this paper embraced everything that had been communicated 

 to him. 



As late as 1761. then, it is not probable that fishermen of any flag 

 had visited the waters of Labrador. An account of the origin of 

 our own fishery there will be found in the proper place. 



******* 



THE UNITED STATES. 

 [Prom the declaration of Independence to the year 1852.] 



Whoever examines the records of Congress will find that between 

 February and August, 1779, the various questions connected with the 

 fisheries were matters of the most earnest and continued debates, 

 ai.d of the most anxious solicitude. During the discussions upon a 

 proposition to open a negotiation for peace, Mr. Gerry introduced 

 the following resolutions. First: "That it is essential to the welfare 

 of these United States that the inhabitants thereof, at the expira- 

 tion of the war, should continue to enjoy the free and undisturbed 

 exercise of their common right to fish on the Banks of Newfound- 

 land, and the other fishing banks and seas of North America, preserv- 

 ing inviolate the treaties between France and the said States." 

 Second: "That an explanatory article be prepared and sent to our 

 minister plenipotentiary at the court of Versailles to be by him 

 presented to his Most Christian Majesty, whereby the said common 

 right to the fisheries shall be more explicitly guaranteed to the inhabi- 

 tants of these States than it already is by the treaties aforesaid." 



