QUESTION SIX. 123 



Newfoundland waters one near Hermitage Bay, and one near For- 

 tune Bay. But the same evidence that shows that it once existed 

 shows that it had been exhausted and abondoned before the Treaty 

 of Washington was made." 



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" There has been a little evidence that occassionally when our ves- 

 sels go into harbors to purchase bait at night, some of the men will 

 jig a few squid, when they are waiting to obtain bait. 



"All the evidence shows that they go there not to fish for bait, 

 but to buy it. It shows also that when they are there for that pur- 

 pose, the crews of the vessels are so much occupied in taking on 

 board and stowing away the fish bought for bait that they have no 

 time to engage much in fishing ; but one or two witnesses haVe spoken 

 of a little jigging for squid by one or two men when unoccupied at 

 night. As to the rest, all the fishing in the territorial waters of New- 

 foundland is done by the inhabitants themselves. 



" The frozen -herring trade, which was the ground of compensation 

 chiefly relied upon in the Newfoundland case, has been completely 

 proved to be a commercial transaction. The concurrent testimony 

 of the witnesses on both sides is, that American fishermen go there 

 with money, they do not go there provided with the appliances for 

 fishing, but with money and with goods. They go there to purchase 

 and to trade, and when they leave Gloucester, they take out a permit 

 to touch and trade, that they may have the privileges of trading- 

 vessels. 



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140 " So much for the inshore halibut fishery. I will, however, 

 before leaving it, refer to the statement of one British witness, 

 Thomas R. Pattilo, who testified that occasionally halibut may be 

 caught inshore, as a boy may catch a codfish off the rocks; but, pur- 

 sued as a business, halibut are caught in the sea, in deep water. ' How 

 deep do you say ? ' ' The fishing is most successfully prosecuted in 

 about 90 fathoms of water, and, later in the season, in as much as 150 

 fathoms (British Counter-Case, App., p. 186).' 



" So much for the inshore halibut fishery ; and that brings me to 

 the inshore cod fishery, as to which I am reminded of a chapter in 

 an old history of Ireland that was entitled 'On Snakes in Ireland,' 

 and the whole chapter was 'There are no Snakes in Ireland.' So 

 there is no inshore cod fishery pursued as a business by United States 

 vessels anywhere. It is, like halibut-fishing, exclusively a deep-sea 

 fishing. They caught a whale the other day in the harbor of Char- 

 lottetown, but I do not suppose our friends expect you to assess in 

 this award against the United States any particular sum for the in- 

 shore whale fishery. There is no cod fishery or halibut fishery in- 

 shore, pursued by our vessels, any more than there is inshore whale 

 fishery. We know and our witnesses know where our vessels go. If 

 they go near the British shores at all they go to buy bait, and leave 

 their money in payment for the bait." 



Mr. Trescott said (British Counter-Case, App., p. 187) : 



" With regard to the fisheries. The fisheries with which the Treaty 

 of 1871 is concerned are the cod, the herring, the mackerel, and hake, 

 the haddock, and halibut fisheries, within the three-mile limit. For 



