426 APPENDIX 



and the neighboring fishermen would have lost all chance on the follow week-days." 

 (Deposition of James Searwell.) 



"The Americans, by hauling herring that day, when the Enghshmen could not, 

 were robbing them of thdr lawful and just chance of securing their share in them; 

 and, further, had they secured all they had barred, they would, I believe, have fiUed 

 every vessel of theirs in the bay." (Deposition of John Chuett.) 



See also affidavits of the United States Captains. 



6. That in consequence of this violence all the vessels abandoned the fishing 

 grounds, some without cargoes, some with very small cargoes purchased. from the 

 natives, and their voyages were a loss to their owners. 



7. That the seining was conducted at a distance from any land or fishing privilege 

 or the occupation of any British subject. (See affidavits of Willard G. Rode, Charles 

 Doyle, and Michael B. Murray.) 



8. That none of the United States vessels made any further attempts to fish; 

 but three or four, which were delayed in the neighborhood, purchased small supplies 

 of herring. (See British depositions of John Saunders and Silas Fudge, wherein is 

 stated that the United States vessels only remained a few days, and that after January 

 6 no fish came into the harbor.) All the United States affidavits sho-s? that the United 

 States vessels were afraid to use their seines after this, and that they left almost imme- 

 diately, most of them coming home in ballast. 



The provisions of the Treaty of Washington (1871), by which the right to prose- 

 cute this fishery was secured to the citizens of the United States, are very simple and 

 very explicit. 



The language of the Treaty is as follows: 



XVIII. "It is agreed by the high contracting parties that in addition to the 

 liberties secured to the United States fishermen by the convention between the United 

 States and Great Britain, signed at London on the 20th day of October, 1818, of 

 taking, curing, and drying fish on certain coasts of the British North American colonies, 

 therein defined, the inhabitants of the United States shall have, in common with the 

 subjects of Her Britannic Majesty, the liberty, for the term of years mentioned 

 in Article XXXIII of this Treaty, to take fish of every kind, except shell fish, on 

 the sea coast and shores and in the bays, harbors, and creeks of the provinces of 

 Quebec, etc." 



XXXII. "It is further agreed that the provisions and stipulations of Articles 

 XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, 

 so far as they are applicable." 



Title XXVII, chapter 102, of the consolidated acts of Newfoundland, pro- 

 vides : 



Section i. That no person shall take herring on the coast of Newfoundland, by 

 a seine or other such contrivance, at any time between the 20th day of October and 

 the 1 2th day of April, in any year, or at any time use a seine except by way of shooting 

 and forthwith hauling the same. 



Sec. 2. That no person shall, at any time, between the 20th day of December 

 and the ist day of April, in any year, catch or take herring with seine of less than 2f 

 inches mesh, etc. 



Sec. 4. No person shall, between the 20th day of April and the 20th day of 

 October in any year, haul, catch, or take herring or other bait, for exportation, within 

 one mile measured by the shore or across the water of any settlement situated between 

 Cape Chapeau Rouge and Point Emajer, near Cape Ray. 



