462 APPENDIX TO BRITISH CASE. 



See also affidavits of the United States Captains. 



6. That, in consequence of this violence, all the vessels abandoned 

 the fishing-grounds, some without cargoes, some with very small car- 

 goes purchased from the natives, and their voyages were a loss to 

 their owners. 



7. That the seining was conducted at a distance from any land or 

 fishing privilege or the occupation of any British subject (See affi- 

 davits of Willard G. Rode, Charles Doyle, and Michael B. Murray.) 



8. That none of the United States vessels made any further at- 

 tempts to fish; but three or four, which were delayed in the neigh- 

 bourhood, purchased small supplies of herring (See British deposi- 

 tions of John Saunders and Silas Fudge, wherein is stated that the 

 United States vessels only remained a few days, and that after Jan- 

 uary 6 no fish came into the harbour.) All the United States affidavits 

 show that the United States vessels were afraid to use their seines 

 after this, and that they left almost immediately, most of them com- 

 ing home in ballast. 



The provisions of the Treaty of Washington (1871), by which the 

 right to prosecute this fishery was secured to the citizens of the United 

 States, are very simple and very explicit. 



The language of the Treaty is as follows : 



XVIII. It is agreed by the High Contracting Parties, that in addition to the 

 liberties secured to the United States fishermen by the Convention between the 

 United States and Great Britain, signed at London on the 20th day of October, 

 1818, of taking, curing, 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 coast and shores and in the bays, har- 

 bours, and creeks of the provinces of Quebec, &c. 



XXXII. It is further agreed that the provisions and stipulations of Articles 

 XVIII to XXV of this Treaty, inclusive, shall extend to the Colony of New- 

 foundland, so far as they are applicable. 



275 Title XXVII, chapter 102, of the Consolidated Acts of New- 

 foundland, provides : 



Section 1. That no person shall take herring on the coast of Newfoundland, 

 by a seine or other such contrivance, at any time between the 20th day of 

 October and the 12th day of April, in any year, or at any time use a seine 

 except by way of shooting and forthwith hauling the same. 



Section 2. That no person shall, at any time between the 20th day of Decem- 

 ber and the 1st day of April in any year, catch or take herring with seine of 

 less than 2| inches mesh, &c. 



Section 4. No person shall, between the 20th day of April and the 20th day of 

 October in any year, haul, catch, or take herring or other bait, for exportation, 

 within one mile measured by the shore or across the water of any settlement 

 situate between Cape Chapeau Rouge and Point Emajer, near Cape Ray. 



The Act of 1876 provides that " no person shall, between the hours 

 of twelve o'clock on Saturday night and twelve o'clock on Sunday 

 night, haul or take any herring, caplin, or squid, with net, seine, bunts, 

 or any such contrivance, for the purpose of such hauling or taking." 



It seems scarcely necessary to do more than place the provisions of 

 the Treaty and the provisions of these laws in contrast, and apply 

 the principle, so precisely and justly announced by Lord Salisbury 

 as self-evident, " That British sovereignty, as regards these waters, 

 is limited in its scope by the engagements of the Treaty of Washing- 

 ton, which cannot be modified or affected by any municipal legisla- 

 tion." For it will not be denied that the Treaty privilege of " taking 



