2834 AWARD OF THE FISHERY COMMISSION. 



any one from Canada could not go to Long Island Sound or to Vineyard 

 Sound, and prosecute this fishery. 



Q. Then such a person must reside there? A. Xo. Very few of 

 these pounds, and I think I may say that not one-half of the pound 

 fishing in Buzzard's Bay and Vineyard Sound, are prosecuted by citi- 

 zens of the State. 



Q*. A man must reside or remain there for the purpose of attending 

 these pounds ? A. Yes ; for two or three months in the year. 



Q. He must be a resident of the shore for two or three months in 

 order to attend to these pounds? A. Certainly; he must be on the 

 ground, as any fisherman must be when fishing, in his boat. 



Q. Practically and really this is a fishery which must be carried on 

 by persons on the spot! A. Of course; all fisheries must be carried 

 on on the spot ; but they need not necessarily be carried on by resi- 

 dents of that region, or by citizens of the State. Most of these fisheries 

 in Buzzard's Bay are carried on by people who do not usually live on 

 the spot. 



Q. At all events, do you seriously state that under the provisions of 

 the Washington Treaty we have a right to put down pounds on the 

 American shore! A. I think so, with the consent of the owner of the 

 shore. 



Q. That is another question. A. Will you kindly read the clause of 

 the Treaty of Washington in this relation ? 



Q. It is as follows : 



It is agreed by the High Contracting Parties that, in addition to the liberty secured 

 to the United States fishermen by the Convention between Great Britain and the 

 United States, signed at London on the 20th day of October, 1818, of taking, curing, 

 and drying fish on certain coasts of the British North American Colonies therein defined, 

 the inhabitants of the United States shall have, in common with the subjects of Her 

 Britannic Majesty, the liberty for the term of years mentioned in Article XXXIII of 

 this treaty, to take fish of every kind, except shell-fish, on the sea-coasts and shores, 

 and in the bays, harbors, and creeks of the Provinces of Quebec, Nova Scotia, and New 

 Brunswick, and the colony of Prince Edward Island, and of the several islands there- 

 unto adjacent, without being restricted to any distance from the shore, with permis- 

 sion to land upon the said coasts, and shores, and islands, and also upon the Magdalen 

 Islands, for the purpose of drying their nets and curing thdir fish. 



A. Yes. I do not understand that any mode of fishing is prohibited 

 under this treaty, unless it is so mentioned in express terms, as is the' 

 case with shad, salmon, and shell-fish. I do not understand that any 

 mode of fishing is prohibited to the citizens of the opposite nation, 

 except what conflicts with the local law of the country. 



Q. Can these pounds be put down without landing to make prepara- 

 tion for that purpose ? A. Yes, perfectly well. It is not absolutely 

 necessary to go on shore at all to do it ; indeed I know of a great 

 many pounds which do not touch the shore, but which are started _<>, 

 30, or 50 yards from the shore. 



Q. Do you seriously contend that there are territorial rights given us 

 under the Washington Treaty because you recollect that the putting 

 down of poles in the soil is a territorial right? A. Yes. 



Q. Do I seriously understand you to contend that, under this treaty, 

 rights are given either to the Americans on the one side or to the Brit 

 ish on the other, as to doing anything on the shores of either country 

 except landing to cure fish and dry nets ? A. I understand that if you 

 wished to start a pound in Buzzard's Bay, you could go to Nauslion 

 Island, owned by John M. Forbes, an eminent citizen of the United 

 States, and with his permission you can do so; and that you require no 

 permission in this regard either from the State of Massachusetts or the 





