1178 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



which will be found at p. 1068, of the Appendix to the Case of the 

 United States, that the Americans had the right to fish, within 3 

 miles of the shores showing conclusively that the Government of 

 Newfoundland, in those years, was not asserting the claim put for- 

 ward by Nova Scotia. 



In order that I may not depend upon my memory for this im- 

 portant statement, I refer to p. 1068 of the Appendix to the Case of 

 the United States; where will be found a Report of a Committee of 

 the Legislative Assembly of Newfoundland, which reads in part: 



" Your Committee, in referring to the American fisheries, have 

 also to say, that they have no data to ground a correct estimate of 

 them ; but they can state that it is very extensive, employing from 

 one thousand five hundred to two thousand sail of decked vessels, 

 averaging from forty to one hundred tons burthen. The catch of 

 fish in the British waters has been estimated at one million one hun- 

 dred thousand quintals, which must give employment to twenty-five 

 thousand fishermen and seamen. The American fishers are observed 

 in great numbers on the Grand Bank, and on the fishing grounds in 

 the Gulf of St. Lawrence all along the shores of Nova Scotia, 

 Prince Edward's Island, Newfoundland, and the shores of Labrador. 

 They commence their Fishery early in the Spring, and follow it up 

 with the greatest assiduity, to the latest period of the fall. The 

 American fishery is encouraged by a bounty of twenty shillings per 

 ton, and the supply of their own markets protected by a duty of five 

 shilling per quintal on foreign fish. 



" Your Committee have to observe that the great catch of Fish by 

 the Americans, supported as it is by bounties and other encourage- 

 ments, operates, concurrently with the French catch and bounties, 

 to sap the foundation of the British fishery. 



" By the Convention of 1818 the Americans of the United States 

 are allowed to fish along all our coasts and harbors, within three 

 marine miles of the shore, (an indefinite distance) and of curing fish 

 in such harbours and bays as are uninhabited, or, if inhabited, with 

 the consent of the inhabitants. The expert and industrious Amer- 

 icans, ever fertile in expedients, and always on the alert in the pro- 

 duce of gain, know well how to take advantage of such a profitable 

 concession." 



Sir Robert Finlay, in his argument, stated, at p. 92 of the report 

 of his Oral Argument : 



" From 1845 to 1852 there ensued a period of quiet. The Bay of 

 Fundy had been given up, and further concessions were not pressed 

 for." 



He then read from the report of Sabine, in 1852, certain extracts, 

 and from a Presidential message, in the reading of which an im- 

 portant paragraph immediately preceding the one read, was not 

 read. I refer the Tribunal to that preceding paragraph in President 

 Fillmore's message, as bearing on this question. 



