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the Treaty, and while the Statute expressly covered that offence, and while a vessel 

 could be libelled and condemned for buying bait on our shores, yet the fraraer of 

 the libel iind been pleased to frame it, not simply for the offence of buying bait, 

 which he might have done, and liad the vessel condemned, but for buying bait with 

 the intention to (isli in these waters, and lie failed to j)rove the latter allegation. 



Mr. Foster. — Our answer to that contention would be that there is no Statute. 

 There is a Statute to cover the cases of vessels fishing and preparing to tish. 



" 11. Anil In' it I'liitln'r I'tiiutwl, Tlmt fVimi iiiul alter tlie ]iiissiiijj (if this Ait it .slmll nut lu' lawful 

 I'lir any pcisim nv ]ii'isi>n^, nut ln-iiiL,' u natinal-Uniii stilijcL't of His Majesty, in iiny liiicii^'n .slii]), 

 Vessel, or Imal, nor for any jiersiai in any .slii]i, vessel, lU' lioat, oilier than sneh as shall he naviL;ateil 

 airordin.L,' to ilie laws of the Iniled Kin;^cl(iiu of (treat llrilain ami livland, to lish I'or, or to take, 

 dry, or einc any li-ih ol any kiml uhulever, within llnee niaiine miles of any eoasls, hays, criu'lvs, or 

 liarlionrs wlmlever, in any pail of His Majesty's dominions in America, nol inelmleil within llie 

 limits s]ietilii'd and desrrihed in the 1st Article of said ( 'onvenlion, and liereiiilielore leeited ; and 

 lliat if any sneh foreii;n shi]), ves<el, or lioat.orany persuns nii hoard thereof, shall ho found lishiiif; 

 or to have heen lisliinj;. or ]ireparinu' to lish within sneh distanee of sneli coasts, hays, eri'cUs. or 

 harhonrs within such jiarts nf His Majesty's dominions in Aineriea out of the .said limits as aforesaid, 

 all sui-li ships, vessels, and hoits. ioi,'ether with their car;,'oes, and all ,u'nns, amnnniilion, lackli', 

 apjiarel, furnitnre. and stores, shall he forfeited." 



To come within the Statute tlie lishormcn must cither be fishing, or preparing 

 to fisl), within ihreo miles of tlie coast. 



Mr. T/ioiiison. — It is a (jupslion of construction. It is preparing to fish or 

 fishing within tht'se waters. The preparing to tish is a complete offence in itself, 

 and it is by no moans necessary to tisii in these waters. 



Mr. Fostrr. — The expression is " within that distance." You tiiink the •' pre- 

 paring to tish " is preparing to lish within the limits, or any w here. 



Sir Alcrandrr (iiilt. — Tiio reason I made the inquiry was witii regard to the 

 argument of tlie learned counsel (Mr. Dana), who was holding, as 1 understood him, 

 tiiat no intcfl'erencc had been made upon these fishing grounds with .American 

 fishermen. It was because I was under the impression that the oilicial corresp<Hi- 

 dence would show tliat vessels had been seized and condemned, that I made the 

 inquiry. 



Mr. Dona. — After tlie long lime given me yesterday, I feel f ought to do no 

 more than give a sumnKiry of tlie |)oints upon which 1 suppose this question will 

 be determined. In tlie tirst place, tiien, this tribunal, in computing com|)ensation, 

 can onlv take into consideration tlio value of what is accorded to the United States 

 i)y the Treaty of 1871, and bv the \Hth Section of that Treaty. Then the tribunal 

 shall take into consideration the value of what is accorded to Great Britain by the 

 lyth and lilst Sections, debiting the United States with the value of what she gains 

 under the I Nth Section, and crediting the United States with what she accords 

 tiiiiier the l!)lli and 2\M Sections. The Court will perceive how very close and line 

 this arrangement was made. 



This tribunal is not to ascertain what the United States possessed by Treaty 

 or otherwise in IS/O, and charge us for what we have gained in addition thereto, 

 bv whatever means, or to draw gen(!ral inl'erciices from the whole Treaty, what 

 we may have got and (irciit liiitain may have given; but your Ibniowrs are 

 to assess the value of s|)ecilic liberties and rights accorded by the l^^tli Section, and 

 charge them to the United States; and assess the pecuniary value of certain 

 speeiiic rights and privileges accorded in the lilth and Ulst Sections, and credit us 

 with them. 



.Moreover, it must be sonietliiiig accorded to us in addition to what we had 

 under the Treaty of I^IS. Under that Treaty, the l.'nited States liad the right to 

 lisii. and to land and dry nets <im certain |M)rtioiis of the coast of Newfoundland ; 

 on the shores of tli(? .Magdalen Islands, on the ccasts, bays, harhours, and creeks 

 in certain parts of Labrador, and to land and cure fish in any of the l)ays, &c., in 

 Xewfoiiiidland and Labrador. The Treaty of 1^71 simply gives a territorial 

 extension to those rights. It adds no new right.s, eitlier in terms or by implication. 

 No doubt this tribunal will be exceedingly careful not to assess compensation for 

 anv right or privilege which is not clearly so given, and which, after compensation 

 has been assessed, may be matter of dispute between the two countries. 



If there has been a want of <'iearness as to what has licen coiu'eded to Great 

 Hritain, or conceded to us, neither side can expect to obtain comiiensatioii for 

 matters left in doubt. No Treaty ever made between the United States and tireat 

 Britain on the subject of the fisheries has noticed the purchasing of anything by 

 the fishermen, except it be the Treaty of ISIS, which says American fishermen shall 

 have the r'ght to purchase wood and procure water, i suppposc the reason why the 



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