450 APPENDIX TO BRITISH CASE. 



3. It would appear that the Americans were guilty of three illegal 

 acts, viz. : 



1st. As regards the time in which a seine may be used. 



(See Acts 1876, cap. 6, in Amendment of Consolidated Statutes, 

 1872, cap. 102). 



2nd. In barring (same Act). 



3rd. By putting out nets or seines between 12 o'clock on Saturday 

 night and 12 o'clock on Sunday night. 



(Acts 1876, cap. 6, sec. 4.) 



4. As two out of the five seines were removed by our people without 

 injury or damage, and two by the Americans themselves, I conclude 

 that opposition was raised on the part of the American owner to the 

 removal of the fifth. 



5. I inclose the opinion of the Attorney-General, w T hich that gentle- 

 man has placed in my hands, and I hope to be enabled to send full 

 information by the next mail. 



I have, &c., (Signed) JOHN H. GLOVER. 



268 No. 167. 1878, March 2: Letter from Mr. Evarts (United 

 States Secretary of State) to Sir E. Thornton (British Min- 

 ister at Washington). 



DEPARTMENT OF STATE, 



Washington, March 2, 1878. 



SIR, I have the honour to bring to your notice the fact that com- 

 plaints have been recently made to this Department of interference 

 with American fishermen engaged in the herring fishery on the coast 

 of Newfoundland. In some instances these complaints have been 

 forwarded to the Department through the United States' Consuls at 

 St. John's and other ports of that Colony. The representations made 

 by the Consuls are, however, of a general nature based upon state- 

 ments made to them by the fishermen immediately interested, and 

 consequently the officers in question have been instructed to collect 

 and forward more detailed and specific information, and such further 

 information I will do myself the honour to transmit to you so soon as 

 the reports from the Consuls shall have been received. 



Still more recently similar complaints have been received through 

 the collector of the port of Gloucester, Massachusetts, supported by 

 the sworn statements of the masters of eight fishing schooners of 

 that port, and from the statements thus forwarded it appears that 

 in January of the present year those vessels had reached the neigh- 

 bourhood of Long Harbour, and were actively engaged in the herring 

 fishery, and that most of the seines were full of fish and ready for 

 landing, when, in one instance, two seines belonging to the schooners 

 " Ontario " and " New England " respectively were cut by an enraged 

 crowd of over 200 men, and the whole catch, estimated at not less than 

 5,000 barrels of herring suffered to run out to sea. Other instances 

 are given, only less in quantity and value, the proceedings resulting in 

 the vessels eight in number being obliged to abandon the fishing- 

 grounds on that coast and return to their home port in ballast. When 

 it is remarked at what considerable expense the preparations are made 

 for a season's fishing in these waters, many of the men-mariners, as 



