AWARD OF THE FISHERY COMMISSION. 1813 



own cruisers are nearly similar in form, and wholly similar in spirit, to 

 those issued by the mother country. And here I would remark that the 

 Imperial Government does not appear to have entertained for Dominion 

 commissions the same contemptuous opinion which, unfortunately for 

 us, has taken possession of Mr. Dana's mind. 



You will see that each of the Imperial officers is advised to obtain, if 

 possible, commissions from the Dominion Government. 



Mr. Caldwell says, "Any officer who is permanently charged with the 

 protection of the fisheries in the waters of any of these colonies may 

 find it useful to obtain such a commission." 



Now, you will see that, under these instructions, no power of imme- 

 diate seizure was given, although such power to seize existed under the 

 Convention of 1818, and under a statute of George III., passed to en- 

 force that Convention; yet so liberal was the British Government that 

 they absolutely required cruisers, before seizing any one of these vessels 

 which might be found trespassing over the lines, to give a warning of 

 two or three days, and sometimes of twenty-four hours, as the case 

 might be. You can see at once what was the effect of giving these ita- 

 structions every American vessel, unless she persistently remained in 

 these waters, and fished contrary to law, must of necessity escape. If 

 they were found fishing in prohibited waters, they were warned oft', and 

 told not to offend again, but they could not. be seized, of course, unless 

 they committed an offense contrary to that warning; and yet these 

 officers are represented as if they were a body of naval freebooters. If 

 you judge of their character from the language of Mr. Dana, you would 

 imagine that they were a lot of pirates who remained in their harbors, 

 with fires banked and steam up, ready to rush out on unoffending 

 fishing vessels, to catch and bring them into port, and then to divide 

 the plunder. This is the most extraordinary language that, I think, 

 was ever used to characterize a respectable body of men, or that will 

 ever again be used in any court, and especially in a high court of jus- 

 tice, such as this. The instructions state that : 



American vessels found within these limits should be warned that by engaging or pr- 



But they should not be carried into port except nfter willful and persevering neglect of tk 

 warnings which they may have received, and in case it should become necessary to proceed to 

 forfeiture, cases should, if possible, be selected for that extreme step in which the offense of 

 fishing has been committed within three miles of land. 



Mr. FOSTER. What year is that? 



Mr. THOMSON. 1866. April 12th. This was just after the expiration 

 of the Reciprocity Treaty. 



Mr. FOSTER. Vessels were seized without warning. 



Mr. THOMSON. Eventually, this was the case, simply because i 

 found to be of no use to treat these fishermen in this lenient manner. 

 It had no effect on them, if they could in any way possibly avoid 

 cutters. They took these concessions rather as a right than as a 1 

 and in every instance in which they were tried, took the advantage they 

 conferred without showing any gratitude at all. They endeavored 

 hazards, to force themselves into these bays ; and then eventu 

 force themselves into the prescribed limits ; and so it was at last 1 

 accessary by the Dominion Government to give up the warning 

 It was found, that to warn these vessels was simply to give l 

 right, the moment that they received warning, to sail out, a 

 moment that the cutter turned her back to sail in again ; that is to 

 they saved themselves from being caught by a cutter at all. 



