548 MISCELLANEOUS 



increasing value of these fisheries; and the census returns also an- 

 nexed (Appendix C) afford the clearest evidence, that the catch is 

 very large in proportion to the number of men, vessels, and boats 

 engaged in fishing operations on the coasts of Newfoundland, which 

 have been thrown open to United States citizens under the Treaty of 

 Washington. 



In addition to the value, as shown above, of the inshore fisheries, 

 the proximity of the Bank fisheries to the coast of Newfoundland 

 forms a very important element in the present inquiry. These fish- 

 eries are situated at distances varying from 35 to 200 miles from the 

 coast of Newfoundland, and are productive in the highest degree. 

 Although they are open to vessels of all nations, their successful 

 prosecution depends almost entirely in securing a commodious and 

 proximate basis of operations. Bait, which can be most conveniently 

 obtained in the inshore waters of Newfoundland, is indispensable, 

 and the supply of capelin, squid, and herring is there inexhaustible 

 for this purpose. 



With reference to the importance which has from earliest times 

 been attached to the value of the fisheries of Newfoundland, it is to 

 be observed that a great portion of the articles in the treaties of 1783 

 and 1818 between Great Britain and the United States is devoted to 

 careful stipulations respecting their enjoyment; and it will not escape 

 the observation of the Commissioners that the privileges granted to 

 United States fishermen in those treaties were always limited in 

 extent, and did not confer the entire freedom for fishing operations 

 which is now accorded by the Treaty of Washington, even on those 

 portions of the coast which were then thrown open to them. Thus, 

 whilst according the privilege of fishing on certain portions of the 

 coast, the treaty of 1783 denied the right of landing to dry and cure 

 on the shore, and the result was that, so far as concerned dried cod 

 fish, the concession to the United States was of little or no advantage 

 to them. It was indispensable to the production of a superior article 

 of dried codfish that there should be a speedy landing and curing in 

 a suitable climate. The climate of the United States is not adapted 

 for this purpose, whilst that of Newfoundland is peculiarly suitable. 

 This fact is evidenced by the United States having never competed 

 with Newfoundland in foreign markets in the article of dried codfish - r 

 whilst they were debarred from landing on Newfoundland shores. 

 Again, it is necessary for the prosecution of the fisheries, with reason- 

 able prospects of lucrative results, that the fishermen should be in 

 proximity to their curing and drying establishments. 



The treaty of 1783 was annulled by the war of 1812, and the stipu- 

 lations of Article I of the Convention of 1818, quoted in extenso on 

 page 4 of this case, made important modifications in the privileges 

 heretofore enjoyed by United States fishermen. Although they had, 

 under this convention, the liberty of drying and curing fish upon 

 the southern coast of Newfoundland from the Rameau Island to 

 Cape Ray, it was confined to the unsettled bays, harbors, and creeks 

 within these limits, and, it being provided that so soon as any por- 

 tion thereof should be settled, the liberty should cease, the fisher- 

 men of the United States have been prevented, by the coast becoming 

 generally settled, from availing themselves of the liberty so conceded. 

 Previously, therefore, to the Treaty of Washington, United States 

 fishermen did not interfere with the Newfoundland fishermen as 



