"I 



73 



1. The "sea fishery " is (hstant and unpro-liiftive. 



2. The inshores are occupied to the fullest possible extent, and the supply 

 especially in the matter of hait, is rapidly becoming exhausted. 



3. British fishermen have not, either during the Reciprocity Treaty or the 

 Treaty of Washington, availed themselves of the freedom of fishing in United States 

 waters. 



A careful consideration of these points will, we believe, lead to the conviction 

 that in this resp.ct no advantage whatever accrues to Britisii subjects. 



2. Customs remissions by United States in favour of Canada. 



The privilege of a free market in the United States for the produce of the 

 fisheries of the Dominion of Canada, excepting fisii of the inland lakes and tributary 

 rivers, and fisii preserved in oil, remains to be considered. It forms tlic (jidy 

 appreciable concession afforded by tlie Treaty for the right of free fishery in British 

 waters, and the collateral advantages derived by Unitetl States' citizens. We liave 

 already adverted in paragrapii "> of cha|)ter '2 oftiiis Case to the mutual benefit of a 

 reciprocal free market for fish. This is so clearly an advantage to all concerned, 

 and particularly to the nation comprising the largest number of fisiicrmcn, traders, 

 and consumers, that it cannot be contended that in this respect any advantage is 

 conceded to Canada which is not participated in by the United States. 



Conchision. 



For these and other reasons Her Majesty's Government, for the concession of 

 these privileges in respect of the Dominion of Canada, claim, over and above tiie 

 value of any advantages conferred on British subjects under the Fishery Articles of 

 the Treaty of Washington, a gross sum of 12,000,000 dollars, to be paid in aecord- 

 ance with the terms of the Treaty. 



Hi 



Part II. 



NEWFOUNDLAND. 



CnAPTEK I. — Introduction and Description of Newfoundland Fisheries. 



It has been already submitted, on page (32 of the Introductory portion of this 

 Case, that the following basis is the only one which it is possible to adopt under 

 the terms of the lirst part of Article XVIll of the Treaty of Washington, 1871, 

 namely, that the value of the privileges granted to each country respectively bv 

 Articles XV 111, XIX, and XX.I of that Treaty, Jc/iiV-A ivere not enjoyed under the Ist 

 Article of the Convention of the 20th of October, 1818, is that which this Commission 

 IS constituted to determine. 



The position occupied by Newfoundland, in regard totiierightof fishing enjoyed 

 by the United states' citizens on her coasts is, however, in many points distinct 

 from that of Canada, and it is desirable to state precisely how the case stands. 



By Arlicle I of the Convention of 1818 the inhabitants of tiie United States 

 acquwed " '■ r ever the liberty to take fisii of every kind on that part of the southern 

 coast of Newfoundland- which extends from Cape Ray to the Rameau Islands, on the 

 western and nortliern coast of Newfoundland, from the said Cape Ray to theQuirpon 

 Islands, anil also on the coasts, bays, harbour?, and creeks from Mount Joly on the 

 southern coast of Labrador, to and tlirough the Straits of Belle-Isle, and thence nortii- 

 wardly indefinitely along the coast, and the liberty for ever to dry and cure (isii in 

 any of the unsettled bays, harbours, and creeks of the southern part of tiie coast of 

 Newfoundland, hereabovc described, and the coast of Labrador; but so soon as the 

 same, or any part thereof, shall be settled, it shall not be lawful for the said fisher- 

 men to dry or cure fish at such portions so settled without previous agreement for 

 such purpose with the inhabitants, proprietors, or possessors of the ground ; and 

 the United States renounced for ever any liberty heretofore enjoyed or claimed by 

 the inhabitants thereof to take, dry, or cure (ish on or within three marine miles of 

 any of the coasts, bays, creeks, or harbours of His Majesty's Dominions in America 

 not included within the above-mentioned limits ; provided, however, that the United 

 [280] M 2 



