AWARD OF THE FISHERY COMMISSION. 1717 



which they have adopted with regard to the cod fishery in the gulf will 

 not be that which the bankers will practice on the coast of Newfound- 

 land! I cannot conceive it possible that my learned friend, Mr. Foster, 

 will seriously contend, under the circumstances set forth in the above 

 quoted evidence, that the Americans obtaining in this manner that 

 which is indispensable for their efficient prosecution of the cod fishery, 

 should, by a subtlety of reasoning which I contend is utterly unsustain- 

 able, be permitted to enjoy that which is of such infinite advantage to 

 them, without yielding any equivalent whatsoever. Would this be in 

 accordance with the simplest principles of right, equity, or justice! 



But apart from the aspect of the case to which I have just alluded, 

 there is another feature to which I must draw your most serious atten- 

 tion. Prior to your decision of the Gth September, it was assumed alike 

 by the Newfoundlanders and Americans that the right of traffic, trans- 

 shipment, &c., was conceded by the Treaty of Washington to American 

 fishing vessels. But as by that decision it has been ruled that this has 

 not been conceded, and that according to the construction of that de- 

 cision by the learned agent for the United States, there has been granted 

 " no right to do anything except water-borne on our vessels, to go within 

 the limits which had been previously forbidden," I must ask you to 

 assume that hereafter there will be no breach of the treaty in this sense 

 by American citizens. What would be the effect of this according to 

 the strict letter of the bond? American fishermen must have the fresh 

 bait, as I have shown, and the only way in which they will be able to 

 obtain it will be by catching it for themselves. I must then claim from 

 you an assessment of the value of this privilege on the basis that during 

 the ensuing years of the operation of the Washington Treaty, United 

 States citizens will be, under the necessity of catching for themselves 

 the bait which they have not the legal right to buy. Surely my learned 

 friends do not ask this Commission to assume that American citizens 

 will hereafter surreptitiously avail themselves of privileges which do not 

 of right belong to them, and that on this account the compensation now 

 fairly and justly claimed on behalf of Newfoundland should be in any 

 way reduced by reason thereof. 



And now, one word with regard to the winter herring fishery in For- 

 tune Bay. It appears that from 40 to 50 United States vessels pro- 

 ceed there between the months of November and February, taking from 

 thence cargoes of frozen herring of from 500 or 800 or 1,000 barrels. 

 On this point, I would refer you to the affidavits by Mr. Hickman, Mr. 

 Giovanninni, Mr. Hubert, and others, pages 53, 57, and 51) of British 

 Affidavits. According to the evidence these herrings have hitherto gen- 

 erally been obtained by purchase. The trade is evidently increasing, 

 as it seems that during the present year one vessel loaded G,500 barrels. 

 Mr. Pattillo, a United States witness, appreciated the right to catch 

 so highly that he risked the confiscation of his vessel rather than aban- 

 don his determination to catch a cargo for himself. It is hardly possi- 

 ble, then, to conceive that the American* will continue to buy, possess- 

 iug, as they now do, the right to catch. 



I desire next to pass on and consider the question as to the Americans 

 exercising the privilege which has been conferred upon them of pros- 

 ecuting those prolific cod-fisheries which I have shown to exist in the 

 inshore waters of Newfoundland, where they have now the liberty to 

 fish. 



The number of United States vessels engaged in the cod fishery on tl 

 Grand Bank and frequenting the coast of Newfoundland for bait, a 

 cording to the evidence, would appear to be from 400 to 500 at the pres- 



