30ft 



of the " Madiiinc Roland," tliat one-half was slivers and onchalf clams, we get the 

 following result : — 



For a trip \ritli .Id barrels of snlt bait. 



2r. ut 8 dollars 



U5 „ 11 



For a trip with 4ii barrels of salt bait 

 ,. »ii» 



dollars. 

 200 

 275 



475 

 dollars. 

 aKO 

 570 

 I'M 



Tiicsc, then, accordiiii; to the statements made by United States' witnesses them- 

 selves, are the co.-sts inciirn-d by vessels for their supply of salted bail, as against '2')l do!. 

 97 c. as shown before, for freali bait. 



\ have, then, dearly established, ont of the mouths of their own witnesses, that 

 fresh bait is superior to salt, and costs far less luoitey. But it is {jiiite unnecessary for 

 me to arf;ui; as to the comparalive value of fro.sh and salt bait. We have, in evidence 

 front tiie American witnesses, tlie plain, simple tact, tlv.t flic obtaining of bait from the 

 coast of Newfotindiand was adoi'ivd as a practice about li.'ir years asio; that it has 

 increased annually, iiiilil in the i)resent year nearly all the American vessels have gone 

 to the coast for tliat purpose. The ])raetice has become all btit universal, and business 

 men are not likely to do that wliich is inimical to their interests ; what further evidence 

 or proof can lie required on this question ? 



I will now proceed to consider the position taken by my learned friend, Mr. Foster, 

 when he asserts that the United States' fishermen do not proceed to the coast of New- 

 foundland to fish for bait, but to buy it. I cnlirelv join issue with my learned friend 

 on this point. Apart from the bait actually caught by them, tiic arrangement under 

 whicii tlie Americans obtain the bait, wliich they allege that they buy, is to all intents 

 and purposes, and in law, a iakinrj or fishing for it themselves, within the words of the 

 Treaty. It lias been asserteil by a United States' witness tliat nearly one-half of the 

 crews of American vessels fishing tipon the Hanks consist of men from the P:>)Vinccs 

 and from Newfoundland ; if, then, a master of a vessel so manned proceeded to F\irtnne 

 Bay with his herring seine on board, or hiring a herring seine there, tiien and there 

 with his crew caught tlie bail he required — would it be contended, that because British 

 fishermen were engaged in the hauling of fliat bait, that therefore it was not taken by 

 the American masters ? Surely such a position would be absurd. 



Now, in reality, what is the (liirert>nce between this mode of proceeding and that 

 practised by the Americans for procuring bait ? Let us sec what is done according to 

 the evidence. In some cases (and these are few), the American proceeds to St. Pierre, 

 and there meeting a Newfoundland nshernian, owner of a herring seine, and who 

 possesses a tliorougli knowledge of the localities where the herring are to be taken, he 

 agrees with him for a certain sum for his services, and it may be, for one or two men 

 besides and for the use of his seine, to proceed to the herring ground, and there to 

 secure the necessary (piantity of bait required by the Banker. Or, in other and the 

 large majority of cases, the .American vessel proceeds to the residence of such fishermen 

 on the coast of Newfouiullaiid, and there makes a similar arrangement. Having arrived 

 at tlie herring ground, the owner of the seine with his one or two men, and the assist- 

 ance of some of the American crew, haul and put on board the American vessel all the 

 bait required, and sometimes receives his payment according to the number of barrels 

 rctpiired for baiting a vessel, and sometimes in a lump sum. Again, in other cases 

 where sfpiid is recjcired and caplin, he goes to a harbour, states that he requires so much 

 bait, and thi n and there enters into a ctmtracl with a man logo and catch it for him, 

 for which he is paid according to the (piantity caught. It would be a subtle dislh.ction 

 to draw between the man thus hired in Newfoundland, (uitside the crew of the vessel, 

 to catch bait, and the British subject who was hired in Gloucester to proceed to New- 

 foundland and do (he very same work. How very diH'ereiit this contract is from a 

 contract of sale ami purchase. If the herring or other bait had been previously 

 caught, barrelled, and in his store ready to be .sold to the first jjurchaser wlio would give 

 him his price, then it would be a simple eominercial traiis.iction, but here the article 

 re(|uired is a (ish freely swimming in tli(> sea. It cannot be taken and held to await a 

 purchasiT, but must he taken fresh from tlie water and immeiliately put in ice or it is 

 useless. The American desires to cajiture it, and whether he captures it through the 

 instrumentality of a British subject or oilier person, and reduces it into his own possession 

 for his own use, it is immaterial. The case is one clearly within the maxim of law, qui 



