1552 AWARD OF THE FISHERY COMMISSION. 



after all, is not the value of our fisheries to these people, enhanced by the 

 way in whicb they use them, and in which they generally have been using 

 them by coming into our harbors to purchase bait and ice f because 

 it takes a long time to catch the bait for themselves, and they save time 

 and money therefore time and money being in such case equivalent 

 terms _ by' buying their bait. And why is this not to all intents and 

 purposes 'a privilege under this treaty ? I fail to see that it is not. Why, 

 when it is necessary to preserve bait in ice, and as has been shown by 

 all the witnesses that the Americans cannot procure bait and ice except 

 on our shores, should this not be considered an incidental right ? It 

 appears to me that this view must be taken. The argument put for- 

 ward on behalf of the United States demanding a contrary construction 

 is almost suicidal. Moreover I think I can establish that this latter 

 view is not taken by the Americans on this subject. On page 407 of 

 Mr. Sabine's report, the following language is used: "It is argued 

 that if the liberty of landing on the shores of the Magdalen Islands" 

 your Excellency and your Honors will recollect that while the Ameri- 

 cans have the right to fish around the Magdalen Islands, they have no 

 right to land on these shores, though our evidence has shown that, as a 

 rule, thev have landed on these islands, both before and since the nego- 

 tiation of this treaty, and have dragged their nets on the shore, and 

 for bait in this way. Mr. Sabiue states : 



It is argued that, " if the liberty of landing on the shores of the Magdalen Islands 

 had been intended to be conceded, such an important concession would have been the 

 Mil.j.-rt of express stipulation," &c., it may not b amiss to consider the sugg-stion. 

 And I rep'y that if "a description of the inland extent of the shore over which" we 

 may use nets* and seines in catching the herring if necessary, it is equally necessary to 

 to define our rights of drying and curing the cod elsewhere, and as stipulated in the 

 convention. Both are shore rights, and both are left withous condition or limitation 

 as to the quantity of beach and upland that may be appropriated by our fishermen. 

 It \va* pnx laimed in the House of Commons, more than two centuries ago, by Ccke 

 that giant of the law that "FREE FISHING" included "ALL ITS INCIDENTS." The 

 thought may be useful to the Queen's advocate and Her Majesty's attorney-general 

 hen next they t aiiMiiit an opinion across the Atlantic which is to attect their own 

 reputation and the reputation of their country. The right to take fish "on the shores 

 of the Mugdalen Islands," without coudi ious annexed to the grant, whatever these 

 prof nmlly ignorant advisers of the Crown of England may say to the contrary, in- 

 cliidcM, by it* very nature and necessity, all the " incidents" of a " fiee fishery," and 

 nil the privileges in nee by, and common among fishermen, and all the facilities and 

 coomiiiodatiiiUR, on the laud and on the sea, which conduce to the safety of the men 

 employed in the fishery, and to an economical and advantageous prosecution of it. 



Now, it may be said that this is not the opinion of a person entitled 



to weight, but, at all events, it had sufficient weight to induce the legis- 



lature 0} tlu United States to republish this report in a volume, which 



contains the sessional papers of the House of Kepresentatives of the 



Forty- .second Congress, second session. The legislature of the United 



states, therefore, thought it proper and of sufficient importance to pub- 



i*h it; and I believe that the report was published more than once. 



At all events, it is from their own state papers that I quote it. The 



alienage employed is very forcible. It is very often the case, when our 



Mends across the border are arguing matters that nearly or closely aft'ect 



m, tlu-y couch their arguments in strong and uncomplimentary Ian- 



to those who differ trom them ; and so, of course, when Mr. Sa- 



tliat it would be well for those profoundly ignorant law- 



govern themselves in future as to their opinions," &c., we can 



stand that language as being used, perhaps, in the American sense 



the term, and certainly not in the offensive sense in which such words 



would be construed here or in England. 



Mr. FUSTKII. It is used in the Pickwickian sense. ' 



