AWARD OF THE FISHERY COMMISSION. 1757 



was to fish within three miles of all the shores thrown open by the Treaty 

 of Washington. 



In addition to this, a very large number of witnesses have corrobo- 

 rated the views of almost all United States writers and statesmen who 

 have offered the opinion that without the "three mile belt "the gulf 

 fishery is useless; and these latter witnesses, who have been interroga- 

 ted on the subject, have, without perhaps a single exception, stated that 

 the American skippers and fishermen have invariably admitted that 

 without the free use and enjoyment of the three-mile inshore fisheries, 

 they considered it useless to enter the Bay of St. Lawrence for fishing 

 purposes. Can there be stronger proof of habit! Speaking of the 

 British testimony, says the learned counsel, Mr. Trescot : " With equal 

 testimony, their proof fails." Perhaps so. Has " equal testimony * 

 been produced by the United States ! Is there any testimony whatever 

 to contradict this immense mass of evidence of the " habit n of the 

 United States fishing fleet! 



Numbers of fishermen were produced by the United States to show 

 that they themselves had fished at Banks Bradley and Orphan, and 

 other Banks and shoals, and at the Magdalen Islands, outside of British 

 waters, who, by the way, nearly all suffered loss, but scarcely any of 

 these witnesses undertook to show where the fleet fished. On the con- 

 trary, they almost invariably qualified their statements by showing that 

 they spoke only of their own individual fishing. 



The learned counsel for the United States impliedly admits that un- 

 less there has been produced witnesses contradicting the British evi- 

 dence as to " habit," the British Case is made out. There is a singular 

 absence in the vast number of witnesses and affidavits produced on 

 both sides for twelve weeks there is a singular and marked absence of 

 contradiction, and upon the principle involving " habit," enunciated by 

 Mr. Trescot, the evidence can be relied on with confidence, as fully and 

 'completely establishing the claim. 



The learned Agent, Mr. Foster, in his very able speech, contends that 

 the British claim is not made out because there are but a trifling quantity 

 of fish caught by United States vessels within the formerly prohibited 

 limits ; but it can be clearly shown that he is entirely mistaken as to 

 the weight and character of the evidence. He says : 



If the three-mile limit off the bend of Prince Edward Island and down by Margaree, 

 where our fishermen sometimes fish a week or two in the autumn (and those are the two 

 points to which almost all the evidence of inshore fishing in this ca.se relates), if the three- 

 mile limit had been buoyed out in those places, and our people could have fished where they 

 had a right to, under the law of nations and the terms of the treaty, nobody would hare 

 heard any complaint. 



Again : 



Almost all the evidence in this case of fishing within three miles of the shore relate* to 

 the bend of Prince Edward Island and to the vicinity of Margaree. As to the bend of the 

 island it appears in the first place that many of our fishermen regard it M dangerous 

 place, and shun it on that account, not daring to come as near the shore a within three 

 miles, because in case of a gale blowing on shore their vessels would be likely to be 

 wrecked. 



He also says : 



There is something peculiar about this Prince Edward Island fishery, and iu relative pro 

 portion to the Nova Scotia fishery. As I said before, I am inclined to believe that the gr*t 

 est proportion of mackerel caught anywhere inshore, are caught off Margaree late in the 

 autumn. The United States vessels, on their homeward voyage, make hartx 

 Hood, and lie there one or two weeks ; while there they do fish within three miles < 

 garee Island ; not between Margaree Island and the main land, but within three 

 the island shores ; and just there is found water deep enough for vessel-fishing, 

 the chart, which fully explains this fact to my mind. Margaree :s a part of 



