PERIOD FROM 1871 TO 1888. 181 



"tion or otherwise, and on refusal to answer or answering untruly, 

 ' 'such person shall, on conviction, be subject to the provisions of the 

 "twelfth section of this chapter," 



are both considered to be in their provisions restrictive of the rights, 

 guaranteed to American fishermen by the XVIII Article of the 

 Treaty of 1871, and the amendment* to section 4, by the 39*'^ Victoria, 

 cap. 6 which substitutes the tenth day of May for the twentieth day 

 of April while it modifies the hardship does not remove it. 



Section 4 of the latter Act 39 Victoria, cap. 6: "Xo person shall, 

 "between the hours of twelve o'clock on Saturday night and twelve 

 "o'clock on Sunday night, haul or take any herring, caplin or 

 "squids, with nets, seines, bunts, or any such contrivance or set or 

 "put out any such net, seine, bunt or contrivance for the purpose of 

 "such hauling or taking," 



is in itself objectionable, and as amended by the 40**^ Victoria, cap. 13 

 wliich provides: "That the fourth section of the said recited Act 

 "shall be held to include and apply to the jigging of squids, and to 

 "the use of any contrivance whatever, and to any mode of taking 

 "and obtaining fish for bait," 



becomes if possible still more restrictive, and the P* section of 42""^ 

 Victoria, cap. 2 is conceived by this Government to be clearly in con- 

 travention of the right of American fishermen under the stipulations 

 of the Treaty. That section is in these words : 



"No person shall haul, catch or take herrings by or in a seine or 

 "other such contrivance on or near any part of the coast of this 

 "colony or its dependencies or in any of the bays, harbors or other 

 "places therein, at any time between the twentieth day of October 

 "in any year and the eighteenth day of April in the following year 

 "or at any time use a seine or other contrivance for the catching and 

 "taking of herrings,, except by way of shooting and forthwith hauling 

 "the same: 



"Provided, that nothing herein contained shall prevent the taking 

 "of herrings by nets set in the usual and customary manner, and not 

 "used for in barring or enclosing herrings in a cove, inlet or other 

 "place." 



It is true that by the 18th section of cap. 102 Consolidated Statutes 

 of Newfoundland which say that "Nothing in this chapter shall 

 "aflect the rights and privileges granted by treaty to the subjects of 

 "any state or power in amity with Her Majesty," the intention of the 

 Legislature of Newfoundland to hold in due regard the rights of 

 American fishermen under the Treaty is manifested, but the com- 

 plaint of citizens of the U. S., engaged in the herrmg fisheries on the 

 coast of Newfoundland, is that this provision has been wholly disre- 

 garded by the local ministerial and executive ofiicers, and that while 

 the prohibitor}^ provisions of the Consolidated Statutes were rigidly 

 enforced against American fishermen, the native fishermen were 

 allowed complete immunity in the constant violation of the statutes. 



Section 5 of the 42"^* Victoria cap. 2, provides a summary mode 

 for the execution of the statutes and the enforcement of penalties, 

 namely : 



"Any justice of the peace, sub-coUector of customs, preventive 

 "officer, fishery warden or constable, may board any vessel suspected 

 "of carrying herrings in bulk between the twentieth day of October 

 "in any year, and the eighteenth day of April in the following year; 



