1670 AWARD OF THE FISHERY COMMISSION. 



destrovin" the fish, and the ocean would be uninhabitable by fish ; would 

 be a desert of water. We were told that we were poisoning their fish 

 by throwing gurry overboard, and for all that there were to be dam- 

 ages. Now, these inflammatory harangues, made by politicians, or pub- 

 lished in the Dominion newspapers, or circulated by those persons who 

 went about through the Dominion obtaining affidavits of witnesses, pro- 

 duced their effect, and the effect was a multitude of witnesses who swore 

 to those things, who evidently came here to swear to them, and took 

 more interest in them, and were better informed upon them, than upon 

 any of the important questions which were to be determined. When 

 we came to evidence to be relied upon, the evidence of men who keep 

 books, whose interest it was to keep books, and who kept the best pos- 

 sible books, men who had statistics to make up upon authority and 

 responsibility, men whose capital and interest and everything were 

 invested in the trade, then we brought forward witnesses to whom all 

 persons looking for light upon this question would be likely to resort. 

 And I have no doubt that as fast as it became known through the line 

 of these provinces tbat no damages would be given for " lee- bowing," 

 for poisoning fish, for purse-nets (which it appears we could not use), 

 iior for the right to buy bait, and that it was to come down to the simple 

 question of, on the one hand, participating with them in the fisheries of 

 this region to the lull extent, instead of to a limited extent, and they be 

 relieved from all duties on their fish and fish-oil on the other, with the 

 consequent stimulation of their boat-fishing, and vessel building and 

 fishing, they all began to look at it in a totally different aspect. I am 

 not able to produce it at this moment, but 1 will produce before the argu- 

 ment closes a memorial addressed to the Province of Nova Scotia, re- 

 questing them to bring things back to the old condition that the fish- 

 ing shall be left in common without any idea that free trade was to be 

 set off against it. 



Such was the state of things and the condition of feeling in the prov- 

 inces. I need not press upon your honors that we are right in that 

 position, for, as to all except the question of damages, your honors 

 have already by a unanimous vote passed in our favor, and of course it 

 requires no argument to show that, as we are to raake compensation for 

 the value of what we obtain under the Article XVIII of the Treaty of 

 1871 in addition to what we had under the Treaty of 1818, provided the 

 British side of the account does not balance it, that is all that we have to 

 consider; and I dismiss all those elements which have undoubtedly 

 IHHMI the prevailing means of securing witnesses and of stimulating 

 witnesses throughout these provinces, up to the present time. 



After the sound sense and humor of my learned friend, Mr. Trescot, 

 on the subject of the light houses, I suppose 1 should be inexcusable if 

 [ touched upon them again. I see that the counsel on the other side 

 already feel the humor of the thing, and I suppose they rather regret 

 that the subject was ever opened, because it shows to what straits they 

 were driven to make up a case against the United States, to balance the 

 overpowering advantage to them derived from the freedom of trade. 

 Why, they come together, the wise men, and they say among thein- 

 Free trade is a boon to us in our mackerel and in our herring; 

 iH stimulating our fisheries; it is recalling our sons from afar, and * 

 employing them at home in our own industries; it is building up boat- 

 Isbjng ; it i extending the size of our boats, and building up vessel- 

 Ming ; the profits on our trade are now all that we have a right to 

 make, with no discount whatever. How can we meet that case of ad- 

 What can we say they ought to pay us, that shall be any- 



