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shore, and the result was that, so ar as concerned dried cod-fish, the concession tn 

 the United States was of Ifttle or no advantage to them. It was indispensable Ut 

 the production of a superior article of dried cod-fish that there should be a speedy 

 landing and curing in a suitable climate. The climate of the United States is not 

 adapted for tliis purpose, whilst that of Newfoundland is peculiarly suitable. This 

 fact is evidenced by the United States having never competed with Newfoundland 

 in foreign markets in the article of dried cod-fish, whilst they were debarred from 

 landing on Newfoundland shores. Aga-n, it is necessary for the prosecution of the 

 fisheries, with reasonable prospects of lucrative results, that the fishermen should 

 be in proximity to their curing and drying establishments. 



The Treaty of 1783 was annulled by the war of 181'2 and the stipulations of 

 Article I of the Convention of 1818, quoted m extenso on page 57 of this Case, made 

 important modifications in the privileges heretofore enjoyed by United States' 

 fishermen. Although they had, under this Convention, the liberty of drying and 

 curinj>- fish upon the southern coast of Newfoundland from the Rameau Islands to 

 Cape Ray, it was confined to the unsettled l)ays, harbours, and creeks within these 

 limits ; and, it being provided that so soon as any portion thereof should be settled, the 

 liberty should cease, the fishermen of the United States have been prevented, by 

 the coast becoming generally settled, from availing themselves of the liberty so 

 conceded. Previously, therefore, to the Treaty of Washington, United States* 

 fishermen did not interfere with the Newfoundland fishermen as regards the article 

 of dried codfish, although they prosecuted the herring fishery at Bonne Bay and 

 Bay of Islands on the western coast. 



The question of the privileges of fishing oii certain portions of the Newfound, 

 land shores enjoyed by French fishermen does not come within the scope of this 

 Commission, yet a passing allusion may be made to it. These privileges consist in 

 the freedom of the inshore fisheries from Cape Ray northwardly to Quirpon Islands, 

 and from thence to Cape John, on parallel 50° of north latitude; and the value 

 attached to this right by the French Government is attested by their solicitude in 

 maintaining it, and by the amount of French capital embarked in the prosecution 

 of these fisheries. This affords another proof of the productiveness of the waters 

 of the island. 



Chapter II, — Advantages derived by United States' Citizens. 



It will not be a matter of surprise that there should be an absence of exact 

 statistical information when the facts are taken into consideration that, until the 

 Washington Treaty, this vast extent of fishery was exclusively used by the people 

 of NewfoundlantI — sparsely scattered over a long range of coast, for the most part 

 in small settlements, between the majority of which the only means of communica- 

 tion is by water, and where, up to the present time, there was no special object in 

 collecting statistical details. It is proposed, however, to show, by such evidence as 

 will, it is believed, satisfy the Commissioners, the nature and value of the privileges 

 accorded to the citizens of the United States under the Treaty of Washingttm. 

 These may be conveniently divided into three heads, as follows: — 



I. The entire freedom of tlie inshore fisheries. 



II. The privilege of procuring bait, refitting, drying, transshipping, and 

 procuring supplies. 



III. The advantage of a free market in Newfoundland for fish and fish oil. 

 The privileges granted in return to British subjects will be treated subse- 

 quently, and consist of — 



1. The liberty of prosecuting fishing operations in United States' waters north 

 of the 39th parallel of north latitude ; and 



2. The advantages of a free market in the United States for fish and fish oil. 



I. — The Entire Freedom of the Inshore Fisheries. 



Newfoundland, from that part of its coast now thrown open to United States' 

 fishermen, yearly extracts, at the lowest estimate, 5,000,000 dollars' worth of Gsh 

 and fish oil, and when the value of fish used for bait and local consumption for food 

 and agricultural purposes, of which there are no returns, is taken into account, 

 the total may be fairly stated at 6,000,000 dollars annually. 



It may possibly be contended on the part of the United States that their 

 fishermen have not in« the past availed themselves of the Newfoundland inshore 

 fisheries., with but few exceptions, and that they would and do resort to the coasts 





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