DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 307 



proved, and there is no probability that there ever will be during the 

 period of the treaty or afterward. The American cod fishery is 

 everywhere deep sea fishing. There is a little evidence of two locali- 

 ties in which a few halibut are said to have been taken in Newfound- 

 land waters one near Hermitage Bay, and one near Fortune Bay. 

 But the same evidence that shows that it once existed shows that it 

 had been exhausted and abandoned before the Treaty of Washington 

 was made. Judge Bennet testified that 



The halibut-fishing on the Newfoundland coast is a very limited one, so far 

 as I am aware. It is limited to the waters between Brunei Island in Fortune 

 Bay and Pass Island in Hermitage Bay. It is conducted close inshore, and was 

 a very prolific fishery for a number of years. Our local fishermen pursued it 

 with hook and line. I think about eight years ago the Americans visited that 

 place for the purpose of fishing, and they fished it very thoroughly. They 

 fished early in the season, in the month of April, when halibut was in great 

 demand in New York market. They carried them there fresh in ice, and I know 

 they have pursued that fishery from that time to within the last few years. I 

 believe they have about exhausted it now. 



Another witness testified that some years ago the halibut fishery 

 was pursued in that vinicity, but he went on to say that 



American fishermen do not now fish for halibut about Pass Island as they 

 formerly did, because I believe that that fishery has been exhausted by the 

 Americans. I know of no United States fishing-vessels fishing within three 

 miles of the shore, except at and about Pass Island, as already stated. (Affi- 

 davit of Philip Hubert, p. 54, British Affidavits.) 



John Evans, p. 52, British Affidavits, says : 



The halibut fishery, followed by the United States fishing-vessels about Pass 

 Island, has been abandoned during late years. I have not heard of American 

 fishing-vessels trying to catch fish on the Newfoundland inshore-fishery. 



There has been a little evidence that occasionally, when our vessels 

 go into harbors to purchase bait at night, some of the men will jig a 

 lew squid, when they are waiting to obtain bait. 



All the evidence shows that they go there not to fish for bait, but 

 to buy it. It shows also that when they are there for that purpose 

 the crews of the vessels are so much occupied in taking on board and 

 stowing away the fish bought for bait that they have no time to 

 engage much in fishing; but one or two witnesses have spoken of a 

 little jigging for squid by one or two men when unoccupied at night. 

 As to the rest, all the fishing in the territorial waters of Newfound- 

 land is done by the inhabitants themselves. 



The frozen-herring trade, which was the ground of compensation 

 chiefly relied upon in the Newfoundland case, has been completely 

 proved to be a commercial transaction. The concurrent 

 185 testimony of the witnesses on both sides is, that American fish- 

 ermen go there with money, they do not go there provided with 

 the appliances for fishing, but with money and with goods. They go 

 there to purchase and to trade, and when they leave Gloucester, they 

 take out a permit to touch and trade, that they may have the privi- 

 leges of trading-vessels. Perhaps it may be be said that the arrange- 

 ment under which this bait is taken is substantially a fishing for it. 



I have heard that suggestion hinted at in the course of our discus- 

 sions, but plainly, it seems to me, it cannot be sound. We pay for 

 herring by the barrel, for squid and caplin by the hundred, and the 

 inhabitants of the island will go out to sea as far as to the French 

 Islands, there to meet American schooners, and to induce them to 



