318 APPENDIX TO BRITISH COUNTER CASE. 



191 [The Argument of Mr. Whiteway, on behalf of Great Britain, 



contained the following: ] 



And now, one word with regard to the winter herring fishery in Fortune 

 Bay. It appears that from 40 to 50 United States vessels proceed there between 

 the months of November and February, taking from thence cargoes of frozen 

 herring of from 500 or 800 or 1,000 barrels. On this point, I would refer you 

 to the affidavits by Mr. Hickman, Mr. Giovanninni, Mr. Hubert, and others, 

 pages 53, 57, and 59 of British Affidavits. According to the evidence these 

 herrings have hitherto generally been obtained by purchase. The trade is 

 evidently increasing, as it seems that during the present year one vessel loaded 

 6,500 barrels. Mr. Pattillo, a United States witness, appreciated the right 

 to catch so highly that he risked the confiscation of his vessel rather than 

 abandon his determination to catch a cargo for himself. It is hardly possible, 

 then, to conceive that the Americans will continue to buy, possessing, as they 

 now do, the right to catch. 



* * * * * * * 



[The Argument of Mr. Thomson (on behalf of Great Britain) 

 contained the following: ] 



A despatch dated September 9, 1853, was as follows : 



(No. 23.) PRINCETON, AT PORTSMOUTH, N. H., 



September 19, 1858. 



SIR : My dispatches from the 1st to the 14th, inclusive, have informed the 

 department of the movements of this ship up to the 16th of August. 



After leaving Halifax, I ran along the coast of Nova Scotia to the Strait 

 of Canso, which I entered on the evening of the 17th, and anchored at Sand 

 Point. On the next day I anchored successively at Pilot Cove and Ship Harbor. 

 At each of these places diligent inquiry was made of the masters of American 

 vessels, and, at the last, of our consular agent, in relation to the treatment of 

 our fishing vessels by the armed vessels of other nations, and no instance was 

 learned of any improper interference. Some cases were reported of vessels 

 having been warned off who were found fishing or loitering within three miles 

 of the shores. 



It was thought advisable to make particular inquiry in this strait, as it 

 is the passage through which great numbers of vessels pass, and where wood, 

 water, and other supplies are obtained ; and although there were not many 

 Americans in it at the time of our visit, I was informed by the consular agent 

 that in the course of the last year eleven thousand vessels, of all kinds, were 

 counted passing through both ways, and some must have passed in the night 

 who were not counted. 



From the Strait of Canso I went to Pictou. This port is the residence of 

 the consul of the United States for the north coast of Nova Scotia, to whom 

 complaints of interference would naturally be made, if any should be experi- 

 enced within the limits of his consulate ; but he had heard of none. 



From Pictou I crossed over to Charlottetown, Prince Edward Island, and 

 inquired into the case of the schooner Starlight seized by Her Majesty's steamer 

 Devastation; the official papers in relation to which were forwarded with my 

 dispatch, No. 15. 



The Fulton having joined me at Pictou, accompanied me to Charlottetown, 

 that some slight repairs might be made to her machinery, under the direction 

 of Chief-Engineer Shock. She was dispatched on the evening of the 29th 

 August, under instructions; copies of which accompany this. 



Leaving Charlottetown, it was found necessary to anchor in the outer harbor 

 of Georgetown in order to make some repairs to the engine of the Princeton- 

 the necessity of which was not discovered until after we had left Charlottetown, 

 but which, fortunately, could be done by our own engineers. 



On the 2d September, at meridian, we anchored in GaspS Bay, Lower Canada, 

 having, in the course of the night and morning, passed through many hundreds 

 of fishing-vessels, showing generally American colors. These were all fishing 

 outside the bays. The shipped passed slowly through them, with her colors 

 set, but it was deemed best not to interrupt them in their fishing by boarding 

 or running so near as to hail. If any one of them had complaint to make, 

 communication could be easily had with the ship, and the slightest intimation 

 of such a wish would have been immediately attended to, but none was made. 



