1642 AWARD OF THE FISHERY COMMISSION. 



of 1783, accompanied by that freer commercial intercourse which the in- 

 terests and the intelligence of both countries demand. 



I had proposed to trace the negotiations from 1818 to 1854 and thence 

 to the protocol and Treaty of 1871. But these latter were somewhat 

 fully discussed in the argument upon the motion formerly made on be- 

 half of the United States, and my colleague has fully explained to you 

 how and by what agencies the restrictions of the Convention of 1818 

 became so odious to our people. 



I need not do more than refer j*ou to the instructions of the British 

 Government to the negotiators of the Treaty of Washington, and recog- 

 nise, as I do most gladly, the wisdom and liberality of their spirit, and I 

 now turn to the practical question which that treaty submits to your 

 decision. 



I come now to the questions which that Treaty of 1871 raises, and they 

 are simply these : What is the difference in value gained by us and the 

 advantages gained by you; that is to say, what is the difference in 

 value between the right to fish within the three-mile limit, on one side, 

 and the right to fish on the United States shores, on the other, coupled 

 with the right to send fish and fish-oil to the United States market free 

 of duty. 



With regard to the fisheries. The fisheries with which the Treaty of 

 1871 is concerned are the cod, the herring, the mackerel, the hake, the 

 haddock, and halibut fisheries, within the three-mile limit. For the pur- 

 poses of this argument there will be, T think, a general agreement that 

 we can dismiss the hake, haddock, and halibut fisheries. It is admitted, 

 also, that the cod fishery is essentially a deep-sea fishery, aud does not, 

 therefore, come within the scope of your examination, especially as the 

 question of bait and supplies, which alone connected it with this discus- 

 sion, has been eliminated by your former decision. 



We have left, then, only the herring fishery and the mackerel fishery. 

 As to the herring fishery, I shall say but very few words. The herring 

 fishery on the shores of the Magdalen Islands we claim of right a few 

 scattering catches elsewhere are not appreciable enough to talk about; 

 and we have, therefore, only the herring fisheries of Newfoundland aud 

 Grand Manan. The former is essentially a frozen-herring business, 

 and I do not believe there exists a question that this business, both at 

 Newfoundland and Grand Manan, is entirely a mercantile business, a 

 commercial transaction, a buying and selling, not a fishing. The testi- 

 mony on this subject is complete, aud is confirmed by Mr. Babson, the 

 collator of the port of Gloucester, who has told you that the Glouces- 

 ter fleer, the largest factors in this business, take out licenses to touch 

 and trade, when they go for frozen herrings, thus establishing the char- 

 acter of their mercantile voyage. 



The only open question, then, as to the herring fishery, is the fishery 

 for smoked and pickled herring at Grand Mauau, and in the Bay of 



iimly, from Latite to Lepreaux, and whether that is conducted by 



States fishermen within the three-mile limit ; a question, it 



wt'iiiH to me, very much narrowed when you come to consider that from 



Kt|K>rt, in Maine, to Uampobello is only a mile aud a half, and from 

 Eaatport to Grand Manan is only six or seven miles. 



OMSOX. Twelve or fourteen miles. 



KESCOT. Not according to the statement of the witnesses. Bat 



: ten miles; still it leaves a very small margin to make an estimate 



I will not dwell upon that. The open question is whether there 



ing at Grand Manan that is participated in by American fisher- 



