AKGUMENT OF CHABL.ES B. WAKBEN. 1161 



within a few rods of their vessels, and very rarely more than one or 

 two miles distant from them, where they haul the fish as fast as they 

 can pull their lines, and sometimes it is said that the fish have been 

 so abundant, as to be gaft or scooped into the boats, without even a 

 hook or line; and the fishermen also say that the cod fish have been 

 known to pursue the capling in such quantities, and with such voracitv 

 as to run in large numbers quite out of water on to the shores." 



In this same book, on p. 223, is an extract from a British author 

 writing on this very subject. I refer to " Extracts from Colquhoun's 

 Treatise on the Wealth, Power, and Resources of the British Empire," 

 second edition, 1815. I desire to read but a brief extract from that 

 work cited by Mr. Adams at the bottom of p. 223 of " Fisheries and 

 the Mississippi " : 



" New Brunswick and Nova Scotia, from being both watered by 

 the Bay of Fundy, enjoy advantages over Canada, which more than 

 compensate a greater sterility of soil. These are to be traced to the 

 valuable and extensive fisheries in the Bay of Fundy, which, in point 

 of abundance and variety of the finest fish, exceed all calculation, and 

 may be considered as a mine of gold a treasure which cannot be esti- 

 mated too high, since with little labour, comparatively speaking, 

 enough could be obtained to feed all Europe." 



And still there was no fishing in the Bay of Fundy until the year 

 1836, according to counsel for Great Britain. There is in this same 

 book " Fisheries and the Mississippi," a letter written by a merchant 

 of Boston, whose character is vouched for by Mr. Adams. The 

 letter, which appears on p. 219, bears date May 1815, and I shall 

 content myself with citing it. 



In addition to all. this evidence, I respectfully refer the Tribunal 

 to a Memorial found in the Appendix to the Counter-Case of the 

 United States on p. 159, addressed to Daniel Webster when he was 

 Secretary of State of the United States. The Memorial says : 



" That we and our fathers have always been accustomed to fish in 

 the Great Bays of the North for Mackerel and Cod fish, with the 

 knowledge and acquiescence of the Governments of Great Britain and 

 of the United States, that even so long since as the year 1829 the 

 number of American vessels fishing in the Great Bays of Labrador 

 was estimated at Five Hundred and that for years past over Five 

 Hundred American vessels have passed the Gut of Canso into the Bay 

 of Chaleur engaged in the fisheries." 



To these extracts may be added statements made by Sabine and 

 Perley, who were reporting their investigations, and I respectfully 

 refer the Tribunal to the Appendix to the Case of the United States 

 at p. 1281, and to the Appendix to the Counter-Case of the United 

 States, at p. 580. 



The general testimony of officials of the United States and the 

 statements frequently made by diplomatic representatives to British 

 officials are in accord with this evidence, and in no case were these 



