■ !l 



392 



of the different Acts as I presume for tlio guidance of the Customs officers. In Article 

 842, page 397, it says that " seizures may be ninde by any i)rivate person, but at the 

 peril of responsibility in damages in case the seizure is not adoi)tcd by tiie Government." 

 Well, this is a most cxtr.ioidinary law, and it altogetlier eclipses the English or our law on 

 the subject. 



In case the act is adopted by the Government such person is secure from action, or, 

 in other words, any American citizen who chooses to make a raid against any person who 

 has committed any infraction of the Customs or otlier laws of the country, can do so, and 

 the latter cannot bring an action against him if the Gorernment chooses to adopt his case. 

 It is further stated on page 398 : — 



" From that danger oflicurs oi' Customs are protected by law iu all cases where reasonable cause of 

 seizure shall appear. 



" It is iiuiiiaterial who niukos tlie seizure, or whether it was irregularly made or not, if the 

 adjudication is for a sufficient cause." 



On page 402, Article 859, it is stated, and there is cited in the margin an Act of 

 July 18, 1866 ; so you see that this " inhospitable legislation '' is of very recent date :— 



"Any person flainiing the propiirty so sci/i'J, or any jiart tlioreol', may within the time specified 

 file with the collector a claim, statiuj; his or her interest in the articles seized, and dcjiosit with such 

 collector or oIIkt ollici'i ii bund to the United States in the penal sum of 250 dollar.s with two 

 sureties, to be approved by such collector, conditioned that iu case of the condemnation of the 

 articles io claimed, the oblif,'ors shall pay all the costs and expenses of thg proceedings to obtain such 

 condemnation." 



And Article 860 says : — 



"But if no such claim .sliall be filed nor bond fjivcu wii.hin the lime specified, ."?uc]i collector 

 shall givt! not less than fil'tccn days' notice of .sale of the |)ioptrly no seized by publication iu the 

 manner liefoiv-mentioiied, and au, the time and ]ilace .'^jiecilied in such notice, he .shall sell at public 

 auction the ]iroperly so seized, but may adjourn such sale from time to time fur u period not exceeding 

 thirty days in all." 



Now I think that I have conclusively shown for the benefit of uiy learned friends 

 opposite that had tliey looked at the "inhospitable laws" of tlieir own country, they would 

 have hesitated before making tiic attack which has been directed against ours. I said last 

 night that it would be my duty to point out to you some cxtniordinary discrepancies which 

 are to be found between tlie two sets of affidavits which have been tiled by the United 

 States ; and the pledge wliieh I then gave 1 shall now proceed to redeem. I shall be glad 

 indeed — I say it in all sincerity — if my learned friends ojiposite can, as I am pointing out 

 these discrepancies, get up and say tliat I atn mistaken, and show me how they can be 

 reconciled, for I am desirous of not making one single statement which is not borne out by 

 the facts. If, therefore, the learned Agent of the United States, or either of the learned 

 counsel who are associated with him, can say that I am wrong, before I get through, I 

 shall I'le quite willing to permit them to interrupt me and point out my error ; I will then 

 at once withdr;,v. n'v stattnients and apologize, if necessary, for having made them ; but 

 at present 1 cannot * cc how they can be explained at all. 



In order that 1 may be understood on this jioint, 1 think that it would be advisable that 

 your Excellency and your Honours should have before you the two statements, 

 Appendix (M) ^nd Appendix (O). Appendix (M; contains the set of affidavits which was 

 first tiled by the United States, and Appendix (O) contains the later body of affidavits 

 which they filed in this ease. 



In Appendix (O) you will find — towards tlic middle of the book — a set of 

 statements, which purport to have been taken from the books of Gloucester firms, they 

 were produced by Mr. Babson, and filed by Mr. Foster, on October 24th, 1877. 



Now, I take the finished statement made by David Low and Company, and this 

 David Low is the Major Low who made such a pleasant figure before the Commission. 



Mr. Foster. — He is an entirely different person, Mr. Thomson. 



Mr. Thomaon. — .\rc you sure about that? 1 think not. 



Now, if you look at page 110, Appendix (M), you will find affidavit No. 70, made 

 by the firm of David Low and Company. They state that the number of trips made 

 to the 15ay of St. Lawrer.ce in 1672 was five ; and that the number of barrels of nmckerel 

 taken was I.^jO. In 187.'!, they say that there were five trips made, and that the number 

 of barrels of maikcrel caught was 7.")tb In 1874, they swear that two trips were made, 

 and that 440 barrels were taken. In 1875, they say only one trip was made, and 200 

 barn Is caught, while in l^7i'), no trip was made at all. 



Now, let me turn your attention to the statements filed concerning the years 



