217 



vessel tliat Iiad iished for halibut in the vicinity of Cape Sable. We have an 

 affidiivit from the captain of that schooner, Benjamin Swim, saying that he did not 

 take any lisli within many mileu of Cape Sable. He says he has been engaged in 

 end-fishing since April of this year, and " has landed 150,000 pounds oF halibut, and 

 caught them all, both codfish and halibut, on Western Banks. The nearest to the 

 the shore tliat i have caught fish of any kind this year is, at least, forty miles." 

 (AfTidavitNo. 242.) 



So much for the inshore halibut fishery. 1 will, however, before leaving it, 

 refer to the statement of one British witness, Thomas R. Pattilo, who testified that 

 occasionally halil)Ut may be caught inshore, as a boy may catch a codfish off the 

 rocks; but, pursued as u business, halibut are caught in the sea, in deep water. 

 " How (io('|) do you say ?" "The fishery is most successfully prosecuted in about 

 90 fat hums dl' nator, and, later in the season, in as much as 150 fathoms." 



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

 codlisherv, as to which I am reminded of u 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 codfishery pursued as a business by 

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

 fishing. Titcy caught a whale the other day in the harbour of Charlottetown, but 

 I do not suppose our friends expect you to assess in this award against the United 

 States any particular sum for the inshore whale fishery. There is no codfishery or 

 halibut fishery insliore, pursued by our vessels, any more than there is inshore 

 whale fishery. We know, and our wi'ncsses know, where our vessels go. If they 

 go near the I'liilisli shores at all, they go to buy bait, and leave their money in 

 payment for the liiit. Will it be said that the codfishery is indirectly to be paid for, 

 because I'n'sli I. ait must l)e used, and tl>e codfishery cannot profitably be pursued 

 without fif .--h liaii ; and because we arc hereafter to be deprived of the right to buy 

 bait by laus rvpccied to be passed, and then sliall have to stop and catch it, so that 

 by-and-i)y(', wlicn son)e new statutes have been enacted, and we have been cut off 

 from comincK'ial |Mivileges, we may be forced to catch bait lor codfishing in British 

 territorial v.alcrs': I think it will be time enough to meet that question when it 

 arises. Any atti'iiipt to cut us off from the commercial privileges that arc allowed 

 in times of peace, by the comity of civilized nations, to all at peace with them, 

 would of <(jurse l)e adjusted between the two Uovernments, in the spirit that 

 becomes two Imperial and Christian Powers. I do not think that, looking forward 

 to some unknown time, when some unknown law will lie passed, we need anticipate 

 that we arc to be cut off from the privilege of buying bait, and therefore you should 

 award compensation against us for the liait which we may at that time find occasion 

 ourselves to catch. But if it is worth while to spend a single moment upon that, 

 how tlioroii;;lily it has been disposed of by the evidence, which shows that this 

 practice of goini;' from the fishing grounds on the Banks into harbours to purchase 

 bait is one attended with great h)ss of time, and with other incidental disadvantages, 

 so that the owners of the vessels much prefer to have their fishermen stay on the 

 Banks, and use salt bait, and whatever else they can get there. St. Pierre and 

 Ivliquelon arc free ports, commercial intercourse is permitted there; bait can be 

 bought tliere; and as the British witnesses have told us, the traftic for bait between 

 Newfonndlaiiil and the French Islands is so great, and such a fidi supply of bait is 

 brought to the French Islands, more than there is a demand for, that it is sometimes 

 thrown overboard in quantities that almost fill up the harbour. That was the 

 statement of one of the witnesses. I do not think, therefore, that I need spend 

 more time, either upon the codfishery, or the question of buying bait or procuring 

 bait f<»r codfisliing. 



What shall 1 say of the United States' herring fishery, alleged to exist at Grand 

 Manan and its vieinitv r Three British witnesses testify to an annual catch of 

 1,000,000 or l..''ji)(»,000 dollars' worth by United States' fishermen in that vicinity, all 

 caught inshore. I5ut these witnesses do not name a single vessel, or captain, or give 

 the name of ;iiiy place from which such vessels come, except to speak in general terms 

 of the (Jloticcster fleet. These witnesses are McLean, MeLeod, and McLaughlin. 

 The lish alli<;r'(l to be taken are chiefly herring. I shall not stop to read their 

 evidence, or comment upon it in detail. They arc contradicted by several witnesses, 

 and by several depositions filed in the case, which you will find in the supplemental 

 depositions lately printed ; all of whom state what we believe to be clearly true, that 

 the herring trade f)y United States' vessels in the vicinity of Grand AKinan, is purely 

 a commercial traiis.action ; that our fishermen cannot afford the time to catch 



