1756 AWARD OF THE FISHERY COMMISSION. 



the Commission the matter in issue, in its different aspects ; and I am 

 still of opinion that I would have fulfilled my duty in a more complete 

 manner if the arrangement of yesterday had been adhered to. How- 

 ever, a very pressing demand was made upon me to meet this afternoon, 

 in order to close my part of the argument, and leave the way free and 

 clear for my successor on Monday. With a strong desire to comply 

 with the demand from gentlemen with whom I have been acting so cor- 

 dially so far, and with whom I hope to act cordially up to the time of 

 our separation, I made an effort to be able to present myself before the 

 Commission at this hour. However, I shall have to deal, I fear, in a 

 very ineffectual manner with the matters that remain to be considered. 

 I have taken particular care in arranging the evidence and argument, 

 not entirely for the reason that your honors required any information 

 from me to form your opinion ; I think after this long investigation the 

 minds of your honors must be pretty well made up, and could not be 

 much altered and influenced by any remarks I could offer. But we 

 must not forget that this treaty is a temporary arrangement, which will 

 be the object of fresh negotiations within a pretty short period, and I 

 considered that those who will have to deal with the question five, six, or 

 eight years hence will be unable readily to discover, in this mass of evi- 

 dence, what part has a bearing upon one branch of the case, and what 

 part upon another branch ; and I thought it would be useful, if not for 

 the present moment, for the future, to make a complete investigation of 

 the evidence, and to place it in such a shape that those who shall suc- 

 ceed your honors in dealing with this question may be guided in some 

 way through these fields of testimony. When we adjourned yesterday, 

 I was showing at what distance from the shore the codfishery in the 

 estuary of the St. Lawrence is prosecuted. Before proceeding to an- 

 other part of the evidence I desire to draw the attention of your honors 

 to what has fallen from the learned counsel en behalf of the United 

 States, Mr. Foster and Mr. Trescot. 



Mr. Trescot admits that the British case can be supported by proof 

 of " the habit of United States fishermen." 



If fifty fishermen of a fishing fleet swore that it was the habit of the fleet to fish inshore 

 and fifty swore that it was the habit never to fish inshore, you might not know which to 

 believe ; but supposing, what in this case will not be disputed, that the witnesses were of 

 equal veracity, you would certainly know that you had not proved the habit. 



You will see, therefore, that the burden of proof is on our friends. They must prove their 

 catch equal in value to the award they claim. If they cannot do that, and undertake to 

 prove habit, then they must do what they have not done prove it by an overwhelming 

 majority of witnesses. With equal testimony their proof fails. 



There is an enormous quantity ot testimony produced, on the part of 

 Her Majesty's Government, to show that the United States &shiug fleet 

 constantly, throughout the season, fished within three miles of almost 

 all the Khores of the Gulf of St. Lawrence on the shores of Nova Sco- 

 tia (including all the shores of Cape Breton), the shores of Prince Ed- 

 sland, the west shore of the gulf, the shores of Bay de Chaleur 

 and Gaspt*, both shores of the River St. Lawrence, and the whole north 

 shore to Labrador, the shores of Auticosti, as well as the shores of 

 the Bay of Fundy. The various fleets of United States vessels were 

 very seldom if ever, during the fishing season, out of sight of very large 

 numbers of respectable and intelligent witnesses residing on various 

 parts of the coast, whose sworn evidence has been received by the Com- 

 mission. Besides, witnesses too numerous to mention have given ev- 

 idence sufficient literally to fill a volume, of having fished in American 

 bottoms ; and they testify that the common custom of the various fleets 



