660 COBBESPONDENCE, ETC. 



and brought the quarrel on themselves, first by illegally fishing, and 

 then by threatening them with a revolver. 



8. I found on arrival the Contest at anchor, and the Pert arrived 

 this morning, to await further orders. 



I have, etc., GEO. L. SULIVAN. 



[Inclosure No. 2.] 



Captain Sulivan to Rear- Admiral Sir E. Ingle-field. 



SIRIUS, ST. JOHN'S, June 21, 1878. 



SIR: In obedience to your orders dated the 8th instant, in which 

 I am directed to inquire into the differences which arose between 

 British and United States fishermen in Fortune Bay, in January last, 

 I have the honor herewith to inclose the evidence obtained from 

 several witnesses, together with my report" on the subject; and, in 

 further remarking thereon, desire to call your attention to those 

 points in the evidence which have led me to the conclusions contained 

 in that report. 



It will be seen therein that there are four statutes which bear on 

 the subject, and which have been infringed by the American fisher- 

 men, viz: Act. cap. 6, 1876, in amendment of consolidated statutes 

 (1872) : cap. 102, the proviso of the same as regards barring. 



By the same act, 1876, sec. 4, and art. 18 of the treaty of Wash- 

 ington 



1. With respect to the first of these, the witness Silas Fudge says : 

 "I witnessed the disturbance at Long Harbor on Sunday, the 6th 

 January last; I am certain it was the 6th; I saw the seines in the 

 water, two of them Americans, again. He (i. e., Jacobs, an Ameri- 

 can) had his in the boat; he had shot once and discharged his seine 

 into Farrel's, who was working for him." 



John Cluett stated that he was in Long Harbor on Sunday in 

 January last. " They (the Americans) commenced hauling her ring- 

 on Sunday about midday ; the first American seine shot was that of 

 Jacobs; there were two more American seines shot. He (Jacobs) 

 had just hauled herring and shot them into Farrel's seine, who was 

 working for him ; we remonstrated about breaking the law and fish- 

 ing Sundays." 



All the evidence of the other witnesses is corroborative of the 

 above; and the fact is even acknowledged by the Americans in their 

 own evidence, as appears by the statements inclosed in the corre- 

 spondence on this subject. It is therefore evident that they were 

 illegally fishing, using seines, and hauling herring in January last 

 contrary to the above-quoted status, which prohibits the same be- 

 tween the 20th October and 25th April in any year. 



2. That the American captains were setting and putting out seines 

 and hauling and taking herring on Sunday, the 6th January, in 

 direct violation of sec. 4, cap. 6. This is proved by the evidence of 

 all the witnesses. 



For report referred to. see inclosures to Lord Salisbury's note to Mr. Welsh, 

 dated August 23, 1878, ante, p. 651. 



