2)5 



April, wlioii liiililiut \vns in giiml, liciiinnd in Now Viii'k niiirKci. Tiicy riivricd llicni tlioro frcsli in ice, 

 iind I know they li.'ivi^ ]mrsu(Ml tlial lislicrv IVuni tlral linn' lM^vitllill ilu' liisl I'l'w yciirs. f licliuvo tlioy 

 liiivu iiliiiutexliiuisletl it now." 



Another witness testiliccl, that some years ago tlie halibut lishery was pursued 

 in that vicinity, but lie went on to say : — 



"American lislicrnu'ii do nut, now lisl' fov ludlliul: idioiit i'li.ss Isliind as \\\v.y lornioily did, li(!causi) 

 I b(di('vc tlmt lliut lislioiy liiis Ikh'H oxl'iusti'd hy tlic Anit'i'iciin.s. I know nl' im rnil(ul ISuiU's' lisliiiif,' 

 VL'SHcls lisliini; wiiliin tliriH' niilt's III' (lie slmiv, (.'xucpt Ml iuiil almnl i'asi Inland, as already stilted." — 

 AjIMiii-il (if l'/iih)> /full it. p. ."i4. Jlriti\/i AlJiiliiHI'i. 



John Evans, page 52, British Affidavits, says : — 



" Tho halibut tisluny fiillowcd liy the United Stnti-s' lishinc; vos.sol.i aliout I'as.s Island ]ia.s been 

 abandoned diirini,' lati^ years. I have not heard of Anieriian lisluni; vessels tryinit to caleh fish on the 

 Newfouudlaiid inshore lishery. " 



There has been a little evidence that occasionally, when our vessels go into 

 harbours to purchase bait at night, some of the men will jig a few squid, when they 

 are waiting to obtain bait. 



All the cvidciicf shows that they go there, not to fish for bait, i)ut to buy it. 

 It shows also that when they are tliere for that purpose, tlio crews of the vessels 

 are so much occupied in taking on board and stowing away the lish 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 scpiid by one or two men when imoccupied at 

 night. As to the rest, all the fishing in the territorial water.-; ol NcwIotMulland is 

 done by the inhabitants themselves. 



The frozen herring trade, which was the ground of compcMisation chiclly relied 

 upon in the Newlbundland case, has been coniplctoiy proved to bo a commercial 

 transaction. The concurrent testimony of the witnesses on both sides is. that 

 American fishermen go therewith money, they do not go the it" provided with the 

 appliances for fishing, but witli money and with goods. Tlicy l;u tliere to purchase 

 and to trade, and when tlioy leave (Jloucester, they take out a permit; to touch and 

 trade, that they may have the privileges of trading vessels. Periiaps it may be said 

 that the arrangement under which this bait is taken, is substantially a fishing for it. 

 I have heard that suggestion !>inted at in the course of our discussions, l)ut plainly, 

 it seems to me, it cannot be sotuid. We pay for herring by the barrel, for squid 

 and capelin by the hundred, and the inhabitants of the island will go out to sea as 

 far as to the Krench Islands, there to meet American sciiooiiers, and to induce 

 them to come to their particidar localities, that they may be the ones to catch the 

 bait for them. It is true that the Hritish Case ox presses the ai)|)rehension that the 

 fro'/en iicrring trade may bo lost to tlie inhabitants of Newfoundland, in consequence 

 of the provisions of the Treaty. It is said that " it is not at all probable that, 

 possessing the rigiit to lake tlio herring and capelin for themselves on all parts of 

 the Newfoundland coast, tlie I'liitcd States' lishormen will continue to i)iircliase bait 

 as heretofore, and they will thus prevent the local fishermen, especially those of 

 Fortune Hay, from engaging in a very lucrative oinploynieiit, which formerly 

 occupied them during a |)()rtioii of the winter season, for tlio supply of the United 

 States' market.'" One of the IJiitish witnesses, .lose|)h Tieriioy, whose testimony is 

 on page ;{7I, in speaking of this matter of getting bait, says, in reply to the 

 question, "'How do you gel that bait? " •' Miiy it from persons that go and catch 

 it and sell it for so mueh a barrel, The .\merican tishermon are not allowed to 

 catch their <nvn iiait at all. Ol course they may jig their own scpiid around the 

 vessel." And in reply to my tpiestion, " What would be ilone if they tried to catch 

 baiti*" The answer is, "They are pretty rcnigh customers. I don't know what 

 they woidd do." So it appears that American fishermen not only do not catch 

 bait, but are not allowed to catch it. They buy the bait, aiul that, to my mind, is 

 the end of the ipiostion. So far as tiio herring trade goes, we could not, if we were 

 disposed to, carry it on successfully under the jjrovisions of the Treaty, for this 

 herring trade is substantially a seining from the shore — a strand fishing, as it is 

 called — and we have no right anywhere conferred by this. Treaty to go ashore and 

 seine herring, any more than we have to establish lish-trap.^. I romember Brother 

 'J'homson anil I'rofessor Baird were at issue on tlu! question whether we had a right 

 to do this. Brolher Tiiom-,on was clearly right, aiul Prolbssur Baird was mistaken. 

 We have not aeipiired anv right under the Tioatv to go asiiore for any purpose 

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