QUESTION FIVE. 41 



This shows clearly that the fisheries pursued by American fishermen 

 before 1836 were the cod fisheries on the high seas, and that so far 

 from freely asserting and exercising the right of fishing in the bays, 

 they did not, until after 1836, frequent the bays for any such purpose. 



Mr. Dana, speaking on behalf of the United States before the 

 Halifax Commission, made a statement to the same effect (App., 

 p. 188) : 



Your Honours will also observe that until 1830 the mackerel fish- 

 eries were unknown. There was no fishery but the cod fishery. The 

 cod fisheries were all the parties had in mind in making the Treaty 

 of 1818, 



And later, speaking of the period between 1818 and 1854, he says : 



Great changes took place in that time. The mackerel fishery 

 rose into importance. Your honours have had before you the in- 

 teresting spectacle of an old man who thinks that he was the first 



man who went from Massachusetts into this Gulf and fished 

 48 for mackerel, in 1827, or thereabouts. He probably was. But 



mackerel fishing did not become a trade or business until 

 considerably after 1830, and the catch of mackerel became important 

 to us as well as to the Colonies. 



Commander Campbell, reporting to the British Admiral in 1852 

 on American encroachments in the Bay of Chaleurs, said (British 

 Case, App., p. 190) : 



I hear from the people of the country that for years after the 

 Treaty of 1818, was ratified, the Americans never did attempt to 

 fish in any part of Chaleur Bay, and that they have only done so 

 within the last 12 or 15 yearg or since the mackerel fishery has been 

 followed by them with so much advantage The obvious inference 

 then is that it was not till long after the Treaty of 1818 was con- 

 cluded, that the fishing in the Bay of Chaleur was valued by them, 

 consequently no exception, as regards the word " bays," seems to have 

 been thought of and none would ever have been thought of had 

 not the lucrative mackerel fishery become known. 



The fact that the fishery in the bays only became important when 

 Americans began to pursue the shoals of mackerel into colonial 

 waters, explains the date at which the controversy first commenced. 

 Until 1836 no question had arisen. If Americans fished in the bays, 

 they did so in small numbers; the matter w r as of no importance, and 

 no dispute arose. 



Mr. Stevenson (British Case, App., p. 125), United States Secre- 

 tary of State, in 1841 did, indeed, suggest that there had been a uni- 

 form practice in the matter, but no evidence is given in support of 

 that statement, nor of any user know r n to the British authorities. 

 And Lord Falkland, the Governor of Nova Scoiia, expressly denied 

 the suggestion. He said (British Case, App., p. 128) : 



" Indeed the claim now set up there is reason to think is new, as 

 in point of practice the American fishermen when questioned for be- 

 92909 S. Doc. 870, 61-3, vol 7 4 



