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Congress

SOth

1st iSession.

'\

SENATTi:.

Ex. Doc.
No. 113.

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

TUAN8M1TT1XG

A letter of the Secretary of State^ with the correspondence relative to the

proposed Jisheries treaty.

"■ iN EXKCUTIVE ;SE88I0N,

Senate ov the United States,

March 5, 18.S8.

Rcsolvid, That the mespage of the Presuleut of the «lato of March 5, lt<88, transniit-
tin<? certain documoutH aud correspondence in rehition to the recent negotiations with
Great Brituin concerning American ftsiiery interests in British Nortli American waters,
be prinltKl, and that, nnder the direction of the Committee on Printing, nil connnu-
iiiciitions liithfTto made by the President or the Secretary of State to either Ikiuho
npon the tisheries question, and in relation to the wuznre of fishing vessels of the
United States in the ports or waters of Great Britain or her dependencies, of date
8ubse<inent to the 4tli day of March, 1877, bo reprinted in connection with the docu-
mcMls transmitted by said message, includiug all the evidence taken before the Com-
mittee on Foreign Kelatious of the Senate and the report thereon, and that the
injunction of secrecy bo removed from the docum3uts proposed to be printed in this
resolution.

Attest : Anson G. McCook,

£ocreta:-y.

Executive Mansion,

Washington, March 3, 1888.
To the Senate and House of Representatives :

I herewith tniiismit a letter from the Secretary of State, accompanied
by (locuineuts and correspondence in relation to the recent negotiatiousi
with Great Britain concerning American ilshing interests in British
North ^^.merican waters.

Geover Cleveland.

To the Peesident :

I have now the honor to submit to you, with a view of its being cora-
ninnicated to the Congress, the correspondence that Ijas taken i)laco
between this Department and the Government of Great Britain since
November, 1880, and up to the present time, In relation to the ttcat-
inent of American Ashing vessels in the territorial waters of British
Nortij America.

This correspondence is accomj)anied by the i)r()tocol8 of tho confer-
ences which i^receded the conclusion of the treaty between the United

THE FISHERIES QUESTiOK.

{•:■

States and Great Britain, in relation to the sul))eet H-fcrnd to, anil
which hafM)eeu made pnblic by order of the Wenatc, in ari;uitl.ini:t'
with yonr recommendation.

Tho documents now transraittod complete the liiHtory of the tians-
actions which had as a result the conclusion of the treaty referred to
and jilready published.

The last publication on tie subject was contained in ihe volume of
correspondence on foreign relations of 188G, and it is highly important
that the entire history of the transactions to which it rehites should be
V)rought to the knowledge of the people of the ITui'-'id States, and as
soon as possible. An iuspestiou of this documentary History will serve
to demonstrate the practical and important results accomplished by the
treaty now pending before the Senate, by which the question of the
interpretation and administration of the treaty of 1818, between the
United States and Great Britain, is transferred and elevated from the
obscurity with which it had been suttbved to lapse since the date of
that convention, and restored from the practical control of minor and
local otiicials of the Canadian maritime provinces.

Until the treaty now pending was concluded no available remedy
seems to have been supplied for the inconsistencies, incongruities, and
unjustifiable construction of the treaty of 1818 to which our fishermen
had for year after year been subjected, and which, by the progress
of gradual encroachments ol' Canadian legislation and local port regu-
lations, had almost converted their privileges, expressly reserved by
treaty, into sources of inconvenience and expense.

An examination of the published lists contained in this correspond-
ence and laid before Congress will disclose that tne pretexts or causes
alleged for the arrests, fires, detentions, and other harassment of
American fishing vessels during the years 1886 and 1887, were based
upon alleged infractions o' the treaty of 1818, or of Canadian liiwp
passed in professed execution of that treaty.

All such vexatious action as is recorded in the list of seizures, etc.,
is met and rendered impossible of occurrence in the future by the pro-
visions of the treaty now before the Senate ; and the amplest enjoy-
ment by United States fishermen of treaty rights, and the customary
hospitality due under international law and comity, is secured in the
ports ail 1 harbors of Eastern Canada and Newfoundland.

The correspondence will servo also to establish the fact that prior to
the treaty of reciprocity of 1864, and subsequent to its abrogation, and
in the years 1870 and 3871, the vexatious and harassing administra-
tion by the Canadian authorities was practiced and unchecked.

As neither the treaty of 1854 nor that of 1871 contained any allusion
to the wrongs thus" inflicted upon United States fishermen, and as
neither convention con xained any remedy or provision against their
renewal and repetition, it became necessary that such a remedy should
no longer be unprovid(3d.

It is believed that such a remedy is practically and fully supplied by
the treaty now pending, and that by its terms, now and for the first
time since 1818, a just and joint interpretation is agreed to by both
governments and placed upon the treaty of 1818, which will secure
iust and hospitable treatment to the United States fishermen and secure
to them unmolested the full measure of their rights under that in-
strument, and that under the proposed arrangement every American
fisherman pursuing his vocation in the waters adjacent to British North
America can acquire a clear understanding of his rights and duties
while within the jurifidictional watersof Canada or Newfoundland; and

ill iUrcul'd.iiHL'

lit' Nolmne of
li'y important
ites should be
tates, aijtl as

^I'y will serve
lishecl by tho
3stion of tLo
between the
;etl from the
the (lute of
•f minor and

ible remedy
rruities, and
11' fishermen
lie progress

I port rega-
eserveU by

uorrespond-
t« or causes
assment of
were baaed
adian Hwa

zures, etc.,
>y the pro-
lesfc enjoy-
cuistomary
ired in the

It prior to
latiou, and
dministra-

ly allusion
u» and as
tiust their
tly should

pplied by

f the first

by both

II secure
lid secure

that in-
American
8b North
<1 <Iuties
uitl; and

THE FISHERIES QUESTION. ||

jthat 1-0 may rosort to ftucli porta and harbors as casualty, necessitv or
comviucnce may aufrgest without fear of encountering .^uch harsh and
unlnondly treatment as he was heretofore subjected to under uncertain,
unwarranted, and variant interpretations of bis treatv liirhtH

I Respectfully submitted. **

Department of State, ^* ^' ^^^^»»-

Washington, March 6, 1888. *

List of accompanying papers.

No. 1. Extract from Foreign Relations, 1887.

No. a, Mr. Bayard to Mr. Phelps. No 659fti« Tnlv 19 user •»,wi. s i

No. 3. Protocols of the conformances of the neeotiatorB!' '*^ '»«1««"'««-

No. 1.

EXTRACT FROM FOREIGN RELATIONS. 1887,

Fo. 207.

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:,7 •«

Mr. Bayard to Mr. Phelps.

No. 458.] Department of State,

Washington, November 12, 1886.

Sru : • * * I liavo already written you askinj? whether from the
Britisii foreign oflice you could obtain a copy of the report first madi^
by the ollicer in command of the Canadian vessel by whom the schooner
David J. Adams was seized, and you will perceive from the reply of
Mr. Graham, who represents the Canadian Uovornment in the suit in
the vice-admiralty coui't at Ualifax, tluit he declines to promise to pro-
duce the reports made by these ollicers.at the time of the seizure, in
which the causes for such action would naturally be set forth.

In the course of your correspondence or conversation witli Lord Id-
dlesleiftii it might be well to draw his attention to the difficulties thrown
in tJje way of tlie American fisherman in not being permitted to learn
the nature an<l extent of the offense with which they were cliarged, and
so be compelled to go to trial without those certainties of aUegation
which are held in courts of justice to be incumbent upon the claimant
belore he is entitled to recover in any suit.

It really apj>ears that this method of Canadian procedure is belittling
the important principles iivolved in the internation.il questi(m now
under consideration between the Uuited (States and Great Britain.
I am, utc.|

T. F. Bayaed.

No. 298.

Mr. Bayard to Mr. Phelps,

No. 459.] Department of State,

' Washington, November 15, 188G.

Sir: The season for taking mackerel has now closed, and I under-
stand the marine police force of the territorial waters in British North
America has been withdrawn, so that no further occasion for the ad-
ministration of a strained aiul vexatious constrnction of tlie convention
of 1818, between the United States and Great Britain, is likely for sev-
eral months at least.

During this period of comi)arativo serenity, I earnestly hope that
such measures will be adopted by those charged with the administra-
tion of the respective Governments as will prevent the renewal of the
proceedings wittu'ssed during the jiasb fishing season in the ports and
harbors of Nova Scotia, and at other points in the maritime ])rovinces
of the Dominion, by which citizeuij of the United States engaged in

THE riSHERlKS QUl'^STION.

ft

open sou flshinfj were subjected to mnch unjust and nn friendly treat-
uuMit by the bxial autliorities in those regions, and thereby not ojily
KutTcred serious loss in their lejjitiinato i)ursnit, but, by the fear of an-
noyanee, whicii was conveyed to others liliewise employed, the general
business of open-sea fishing by citizens of the United States was im-
portantly injured.

My instructions to you during the period of these occurrences have
from time to time set forth their regrettable character, and they have
also been brought ])romptly to the notice of .the representative of Her
Majesty's Government at this capital.

These representations, candidly and fully made, have not produced
those results of checking the unwarranted interference (frequently ac-
co;npanied by rudeness and an unnecessary demonstration of force) with
the rights of our fishermen guarantied by express treaty stii)ulation8,
and secured to them — as I confidently believe — by llie ))ublic conuner-
cial laws and regulations of the two countries, and wliicli are demanded
by the laws of hospitality to which all friendly civilized nations owe
allegiance. Again I beg that you will invite Her Majesty's coui-^solors
gravely to consider tlie necessity of preventing the repetition of con-
duct on the part of the Canadian officials which may endanger the
peace of two kindred and friendly nations.

To this end, and to insure to the inhabitants of the Dominion the ef-
ficient jirotection of the exclusive rights to their inshore fisheries, as
provided by the convention of 1818, as well as to prevent any abuse of
the privileges reserved and guarantied by that instrument forever to
the citizens of the rjnited States engaged in fishing, and responding to
tlie suggestion made to you by the Earl of Iddesleigh, in the month of
September last, that a modus vivendi should be agreed upon between
the two countries to prevent encroachment by American fishermen upon
the Canadian inshore fisheries, and equally to secure them from all mo-
lestation when exercising oidy their jnst and ancient rights, I now in-
close the draft of a memorandum which you may propose to Lord Id-
desleigh, and which, I trust, will be found to contain a satisfactory ba-
sis for the solution of existing difliculties, and assist in securing an as-
sured, just, honorable, and, therefore, mutually satisfactory settlement
of the long- vexed question of the North Atlantic fisheries.

I am encouraged in the expectation that the projiositions embodied
in the memorandum referred to will be acceptable to Her Majesty's Gov-
ernment, because, in the month of April, 18G0, Mr. Seward, then Sec-
retary of State, sent forward to Mr. Adams, at that time United States
minister in London, the draft of a protocol which in substance coincides
with the first article of the proposal now sent to you, as you will see by
reference to Vol. 1 of the U. S. Diplomatic Corresjiondence for 1806, p.
98 et seq.

I find that, in a iiublished instruction to Sir F. Bruce, then Her Maj-
esty's minister in the United States, under date of May IJ, 1866, the
Earl of Clarendon, at that time Her Majesty's secretary of state for
foreign affairs, approved them, but declined to accept the final propo-
sition of Mr. Seward's protocol, which is not contained in the memoran-
dum now forwarded.

Your attention is drawn to the great value of these three propositions,
as containing a well defined and practical interpretation of Article 1 of
the convention of 1818, the enforcement of which co-operatively by the
two Governments, it may reasonably be hoped, will eflBciently remove
those causes of irritation of which variant constructions hitherto have
been so unhappily fruitful.

^

THE FISHERIES QUESTION.

In propoRini^ the adoption of a width of ten miles at the month as ft
nropci' delinitiun of tho ba.\'H in which, exc(>i>t on certain specitiud coaata.
he tiHberuien of the United StatcH are not to take fi^h, I have followed
/ue exauiplti fnriiiMhed by France and Great Britain in their convention
bigned at Paris, on the 2d of Augnst, 1.S30. This definition was re-
feired to and apjiroved by Mr. Bates, tho umpire of thecouiinission un-
der the treaty of 1853, iu thecaseofthe United States fishing schooner
Washington, and has since been notably approved and adopted in the
convention signed at The Hague, in 1882, and subsequently ratified, in
relation to fishing in the North Sea, between Germany, Belgium, Den-
mark, France, Great Britain, and the Netherlands.

The present memorandum also contains provisions for the usual com-
mercial facilities allowed everywhere for the promotion of legitimate
trade, and nowhere more fully than in British ports and under the com-
mercial policies of that nation. Such facilities can not with any show
of reason be denied to American fishing-vessels when plying their
vocations in deep sea fishing grounds in the localities open to them
equally with other nationalities. The convention of 1818 inhibits the
"taking, drying,or curing fish" by American fishermen in certain waters
and on certain coasts, and when these objects aie effected, the inhibi-
tory features are exhausted. Everything that may presumably guard
against an infraction of these i)rovision8 will be recognized and obeyed
by the Government of the United States, but should not be pressed
beyond its natural force.

By its verj terms and necessary intendment, the same treaty rec-
ognizes the continuance permanently of the accustomed rights of Anier-
ican fishermen, in those ])laces not embraced in the renunciation of the
treaty, to jjrosecute the business as freely as did their forefathers.

No construction of the convention of 1818 that strikes at or impedes
the open-sea fishing by citizens of the United States can be accepted,
nor should a treaty of friendship be tortured into a means of such
oflense, nor should such an end be accomplished by indirection. There-
fore, by causing the same port regulations and commercial rights to be
applied to vessels engaged therein as are enforced relative to other
tiading craft, we propose to prevent a ban from being put upon the
lawful and regular business of open-sea fishing.

Arrangements now exist between the Governments of Great Britain
and France, and Great Britain and Germany, for the submission in the
first instance of all cases of seizure to the joint examination and decis-
ion of two discreet and able commanding officers of the uavy of the re-
spective countries, whose vessels are to be sent on duty to cruise in the
waters to be guarded against encroachment. Copies of these agree-
meuts are herewith inclosed for reference. The iulditional feature of
an umpire in case of a difference of opinion is borrowed from the terms
of Article 1 of the treaty of June 5, 1854, between the United States
and Great Britain.

This same treaty of 1854 contains in its first article provision for a
ioint commission for marking the fishing limits, and i& therefore a nre-
cedent for the present proposition.

The season of lS8t> for inshore fishing on the Canadian coasts has
come to an end, and assuredly no lack of vigilauce or promptitude iu
making seizures ciin be ascribed to the vessels or the maiiue police of
the Dominion. The record of their operations discloses but a single
American vessel found violating the inhibitions of the conveution of
1818, by fishing withia three marine miles of the coast. The numerous
seizures made h&ve been of vessels quietly at anchor in established

THE FI9HEUIKS QUESTION. 7

ports of entry, nnder cb cges wbich, up to this day, liftvo not been par-
tieularizeil 8nf!lciently to allow of an intelligent defense. Not one lias
been condemned after trial and bearln{r, but many have been lined
without hearing or judgment, for technical viofations of alleged com-
mercial regulations, although all commercial privileges have been sim-
ultaneously denied to them. lu no instance has any resistance been
offered to Canadian authority, even when exercised with useless and
irritating provocation.

It is trusted that the agreement now proposed may be readily ac-
cepted by Her Majesty's ministry.

Should the Earl of Iddesleigh express a desire to possess the text
of this dispatch, in view of its intimate relation to the subject-mat-
ter of the niemorandum and as evidencing the sincere and cordial dis-
position which prompts this proposal, you will give his lordship a copy.
I am, sir, your obedieut servant,

T. F. Bayaed.

(Inolosnre 1 In No. 450.]

Propoialtfor scttlemeni of all giie»(»on« in dispute in relation to the fiiheriei on the north'
eOBtern coasts of British Xorth A vierica.

Whereas in the first article of the convention between the United States and Great
Britain, concluded and signed in London on the 20th of October, 1818, it was aj^reed
between the high contracting partiis "that the inhabitants of tlie said United States
shall have forever, in common with the subjects of His Britannic Majesty, the liberty
to take fish of every kind on that part of tue southern coast of Newfoundland which
extends from Cat'® Rny to the Raniean Islands, on the western and northern const of
Newfoundland, from the said Cape Kay to the Qiiirpon Islands, on the shores of the
Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount Joly
on the southern coast of Labrador to and through the StIbJts of Belleisle ; and thence
northwardly indefinitely along the coast, without prejudice, however, to any of the
exclusive rights of the Hudson's Bay Company; and that the American fishermen
shall also have liberty forever to dry and cure fl.sh in any of the unsettled bays, har-
bors, and creeks of the southern part of the coast of Newfoundland, hero above de-
scribed, and of the coast of Labrador ; but so soon as the same, or any portion thereof,
shall be settled, it shall nut be lawful for the said fishermen to dry or euro fish at such
portion so settled without previous a^^reement for such picpose with the inhabitants,
proprietors, or possessors of the ground;" and was declared that "the United States
hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants
thereof to take, drv, or cure fish on or within 3 marine miles of any of the coasts,
bays, creeks, or haruors of His Britannic Majesty's dominions in America not included
within the above-mentioned limits: Provided, hoirever, That the American fishermen
shall be admitted to eirter such bays or harbors for the purpose of shelter, and of re-
pairing damages therein, of purcha.siug wood, and obtaining water, and for no other
purpose whatever. But they shall be under such restriction as niiiy be necessary to
prevent their taking, drying, or curing fish therein, or in any other manner whatever
abusing the privileges hereby reserved to them ; " and whereas diflferenoes have arisen
in regard to the extent of tlie above-mentioned renunciation, the Government of the
ITnited States and Her Majesty the Queen of Great Britain, being equally desirous of
avoiding further misunderstanding, agree to appoint a mixed commission for the fol-
lowing purposes, namely :

(1) To agree upon and establish by a series of lines the limits which shall separate
the exclusive from the common right of fishing on the coasts and in the adjacent
waters of the British North American colonies, in conformity with the first article of
the convention of 1818, except that the bays and harbors from which American iish-
ermen are in the future to be excluded, save for the purposes for which entrance into
bays and harbors is permitted by saiil article, are hereby agreed to be taken to be
such bays and harbors as are iO or less than 10 miles in width, and the distance of 3
marine miles from such bays and harbors shall be measured from a straight line
drawn across the bay or harbor, in the part nearest the entrance, at the first point
where the width does not exceed 10 miles; the said lines to be regularly numbered,
duly described, and also clearly marked on charts prepared in duplicate for the pur-
pose.

THE FISIIKRIKH QUKSTION.

(2) To agrvei npnu miil nntnltliNli mu;)\ roguliitioiiH at n:r>..v bo iiouuHHnry ami iiropor
to H«curo to the liHlioriiinn uf tliu Uiiitiul Mtiitcn tlio i)rivileKO <>f oiiteriiiK I>ii)'h iinil
bnrbors for tho piirpoHO of shultiT uiul of rcixtiriiig ({itin(if{i<H tliitriiiii, of |iiir(^liiiNiii){
wood, anil of olitaiiiiiiK water, uiid to u^rco ii|>oii iinil <!HtiililiHli hiicIi r<-Htri<'tioiiM im
may bo iicccHHary to provont tlio abiiw of the privilogo i«nervetl by Maid convoiitiou
to tliu n.>4herrii()ii of tho United 8tatoH.

(.1) To ngr*>o upon and rocoinniund thn ponalticH to bo adjiidfrod, and nnch procood-
Ui^iH and jiirif'diction im may bo neceiwary to H«onro a Hpeedy trial and jndKniont with
an litlh) (■xi)onN'> an ]ioHHiblo, for the violatorH of riKhtH and tho tranHgrt-HmtrH of thu
liniitH and I'^HtriotioiiM which niav bo hereby adopted :

Provided, .'lowover, that tho litiiitu, reBtrictions, and roffulatlons whjch may be
aKreed upon by tho naid coininirtHion Hhall not be iiual, nor nave any ettoct until ho
Jointly confirmed and declared by the United Utatea and llor MajoHty th.e Queeu of
Great Uritaiu, either by treaty or by laws mutually ackuowledgod.

Article II. ' < •'

Pending a doflnitive arrangement on the flubject, Her Rritannio Majesty's Oovorn-
ment agree to instrnct the proper colonial and other British otflcerii to abstain from
Hoizing or moloHting (iHhing voshcIs of tho United States uuIdhh thoy are found within
thn-o marine miles of any of th'. coadts, baj's, creeks, and liarbors of Ilor Britannic
Majesty's dominions iu America, there tlshing, or to have boon llshing, or preparing
to li.th within thuse limits, not inclu<lod within the limits within which, under tho
treaty of 1H18, the fishermen of the Uidted States contiuuo to retain a common right
of fishery with Her Britannic Majesty's subjects.

Article III.

For the purpose of executing Article I of tho convention of 1818, the Government of
tlio Uuitetl States and tho Goverumont of Hor Britauuio Majesty hereby agree to send
each to the Gulf of St. Lawrence a national vossol, and also one each to cniiso dur-
ing the lishinji Roason on tho southern coasts of Neva Scotia. Whenever a fishing
vossol of the United States shall be seized for violating tho provisions of tho afore-
said convention by fishing or preparing to fish within three marine miles of any of
the coasts, bays, creeks, and harbors of Hor Britannic Majesty's dominions included
within the limits within which fishing is by tho terms of tho said convention re-
nounced, such vessel shall fcy:thwith be reported to the ofUcer in conunand of or.o of
the said national vessels, who, in conjunction with the ofllcor in commuiul of another
of said vessels of the different nationality, shall hear and examine into tho facts of
the case. Should the said commanding officers be of opinion that the charge is not
sustained, the vessel shall be released. But if thoy should be of o]»iuion that tho
vessel should bo subjected to a judicial examination, she shall forthwith be sent for
trial before the vice-admiralty court at Halifax. If, however, the said command-
ing officers should differ in opinion, thoy shall name some third person to act ai um-
pire between them, and should thoy be unable to agree upon tho name of such third
person, thoy shall each name a person, and it shall be determined by lot which of
the two persons so named shall be the umpire.

Article IV.

The flailing vessels of the United States shall have in tte established ports of entry
of Her Britannic Majesty's dominions in America the same commercial privileges as
other vessels of tho United States, including the purchase of bait and otlier supplies;
andsneh privileges shall be exercised subject to tho same rules ant', regulations an«l
payment of the same port charges as are prescribed for other vessels of the United
States.

Article V.

The Government of Her Britannic Majesty agree to release all United States fishing
vessels now under seizure for failing to report at custom-housos when seeking shelter,
repairs, or supplies, and to refund all fines exacted for such failure to roport. And
tho high contracting parties agree to appoint a joint commission to ascertain tho
amount of damage caused to American fishormen during tho year 18HG by seizure and
detoution in violation of the treaty of 1818, said commission to make awards therefor
to the parties injured.

Article VI.

The Government of the United States and the Government of Her Britannic Majesty
agree to give concurrent notification and wnrning of Canadian customs regulations,
and the United States agrees to admonish its fishermen to comply with them, and co-
operate in socuriug their enforcement.

TIIK FISIII'JMKS QtlKSTlON. -W

lIiirloHure 2 in No. 450.— TrnnMliitlon.]

Arrangement bdwicn I'rnnce itntt tirmt Jhitain coucerning the NvwfountUnnd fi»herie»,

yovimbvr 14, lHd5. %

ivernmont of

ARRANQEMRNT.

■. 'i ,! . » ,■ .-. >;■

Tlio niuU!rHij?netl commisRionorHdolnnfttod by tlioQovornmontnof Frnnoo nnil Oront
Hrilaiii, !<> tlio cinl of Hottkiii^ — iijnirt from tlie trvatit^ti now in forctt \vlii(;li tliry aru
iiof iiutlioi'i/.i'rl eitlier to nioilify orlo inturpri't — tin* inoann of pnivoiitinn ami Hnttliiij;
• lillVn'nt'f'H ri'lativo to tlx) mho ol \\w lihliiwiei «):i tho coiistH of Nowfoundliiiiil, liavo
drawn uji by uonnnon uvcord, nn<lcr r(!8(<rvo of tbo apijrobation of tliuir rcHitiictivo
Uuvernmuntu, tlio fuUowiug uui;u){oniuutH \^dispo8Uion»

AUTICLK I. «

Tbo Govornment of IlerMnJosty tbo Queen of tbo IJnitod Kingdom of Gn^at nritain
and Iroluiid en^aj^o to conforni to tbo buruinaftor uxproNttud provisions fin* UHMiirin|r
to Frencb llMberrnon, in tbo oyocntion of oxisting treaties and particiii.irly tlio dc(da-
ralion of 1783, tbo free exerciso of tlieir industry upon tlie coasts of Ntnvfoundluud
witUout Liuduruuce or obHtaulo of any kind on tbo part oriiritiHli aabjuMta

''' '"'" '"" ■ ■"■ '' ■' AUTICLK 11.

Tbo Government of tbe French Ropnblic engages for its part, in oxcbango for tbe
nsHiirance graiitf.d to tbo Frencli bsliormen by tlio application of tbo provisions set
fortb in tbo present arrangement, not to make any remonstrancu ngaiiiHt tbe creation
of tbo establishments necessai'y to the development of any industry other than that
of tbe lisbcries, upon the partsof tbe coastof Newfoundland comprised between Oapo
Kl. John and Cape Kay, nnirki d in red upon tho map hereto annexed and which also
are not mentioned in the schedule, hereto annexed, comprising tho portions of terri-
tory 1o which tho present paragraph does not apply.

It likewise engag<!S not to disturb the resident Ijritish subjects in respect of cs( ib-
iiHbinenls actually set up on thu coast comprised between Capo St. John and Capo
Kay to tbe northward of each ca])o, J3ut new establishments shall not bo set up on
the ]iarts of tbo coast comprised iu tho schedule moutiouod in tbe foregoing para-
graph.

Article III. , • • •' '., "

Notwithstanding the interdiction stipulated in tho closing part of the second para-
graph of tho foregoing article, in case a mine bo found in the neighborhood of any
part of the coast coin]irised i*\ the schedule .annexed to tho present arrangement, the
Government of tho French Kepublio engages not to oppose the enjoyment by tbe in-
terested parties, in order to work tbo said mine, of all facilities compatible with the
free «'xerciso of tbo French fisheries.

To this end a wharf may be established on a point of the coast designated by com-
nioii acconl by the commanders of tho cruisers of the two countries.

Tho buildings necessary to the working of the nunc, such as dwelling-houses, work-
shops, storehoii.ses, etc., shall be erected on tho part of the territory situated outside
the limits fixed in tho annexed schedule for tho exorcise of the Frc.ich fishery. They
shall be connected with the wharf by a single lino of railway, of one or two tracks.

To tho end of facilitating the operations of lading and nnlading, sheds and sloro-
hoiiscs may, nevertheless, bo constructed on both sides of the railway for the tempo-
rary storage of ore and materials necos.sary for tho mine, within a space not to exceed
15 uit'ters on each side of the track, such space to bo surrounded by a fence or incloa-
ure of some kind.

No establishment other than the wharf, tho railw.iy, and tho sheds and store-houses
above mentioned, can, under the final provision of the second paragraph of the fore-
giiiiig article, be set up on the part of the coast reserved for iishiug, within tho limits
fixed in tbe schedule hereto annexed.

The provisions of tiie present article shall bo likewise applied to tho working of a
mine outside of these limits, on condition that it shall have been previously ascer-
tained, by common accord, by the commanders of tbe cruisers of tho two countries,
that tho working of such mine shall not be of a nature to hinder the free exercise of
tbo French fishery.

Article IV.

It is agreed that tho French shall retain, to the fullest extent, upon all thai; part of
the coast comprised botwoou Cape St. John and Capo Kay, and us it is defined by the

10

tttE PJSllRRlLS QtTESTlOjT.

treaties, tho right, to take, dry, and cure fish \ It droit de picker, n^cher, preparer le ^od-
ton'^ as well as the right to cut, auywhero save ii> ii.ciiiisud pvopcitlus, tbe wood ueo-
eaaary for their dryiug-stages, cabins, aud fishiiig-vesseld.

AUTICLE V.

Tbe surveillance and police of the tishbrie.-) shall bo exercised by vusscls of the mil*-
tary marine of the two countries, under the conditions hereiuui'ter laid down — the
commanders of tbe crnisers having, under tbese conditions, soio authority and com-
petence in all matters concerning the fisheries and the operations pertaining thereto.

Article VI.

The French and English fistiing vessels or boats shall be registered according to the
administrative regulations of the country to whicl they belong, aud shall plainly
carry distinctive murks permitting their identity to be ascertained from a distance.

The captains, mastei's, or skippers Ipatrona'] shall carry papers to prove the nation-
ality of their vessels or boats.

Article VII.

The commanders of the crnisers of e&ch nation shall mutnaily give information of
infractions of the rales established by the foregoing article, which may be ammitted
by the vessels or boats of the other nation.

Article VIII.

The crnising vei^ wis of the two countries shall be competent to ascertain an infrac-
tions of existing treaties, parti(^alarly of the declr ration of 178^}, by the terms whereof
the British sulvjects shall not "interrupt in any manner, by their competition, the
fishery of the French during the temporary exercise of it which is granted to them,
upon the coasts o the island of Newfoundland."

: i!' . ,) Abticlb IX.

Upon the < jmplaint of the French fiahermf^n, or upon their applloatirn for tno en-
joyment o'' voeir fishing right, the comniander<i of the Knglish cruising vessels will
oppose— and if there be no English cruiser in sight the comir:.ndern of the French
cruisers may oppose — all operations of fishing by British subjects which may interfere
with the industry of said Fr«nch tisbernren ; tliey will remove the b ^ata or vessels
which may be an obstaule to such industry.

To this end the commanders of the French cruising vessels may servo the necessary
injunctions upon the parties in interest, and, in case of resistance, seize their tishiug-
taokle implements (engint de piche) and set the same on shore or deliver them up to
the commanders of tlio crnisers of Her Britannic Mijesty.

In case no inconvenience shall be fjund to result for the French fi.shcrmon and when
no complaint or demand shall have been made on their part looking to the unimpeded
uee nf their right of fishing, the coinniaiiders of the French cruisers will not oppose
the exercise of tbe fisheries by British subjects.

Article X.

In the event of the natives hindering or molesting on land, by their acts, the dry-
ing and curing of fish and in general the diverse operations which depend upon tho
exercise of the French fisheries on the coast of Newfoundland, a statement of proof
of the damage caused shall be drawn up by the commanders of Her Britannh) >Iiij(>s-
ty's cruising vessels, and in their absence by the comniandeis of the French crr.isers.

In this latter case, the stat^^ment shall be admissible a.i evidence before the com
manders of Her Britannic Majesty's cruiseis, in their capacity as magistrates in
Administering Justice.
2 Article XI. ,

If an odTense is committed, or an injury caused, the commanders of the cruising
vessels of the delinquent's nationality, and in their absence the commanders of the
cruising vessels oi the plaiiikitTs nationality, shall estimate the gravity of the facts
brought to their co(^ni2auc>^ aud assess the tlainage sutTered by tbe party aggrieved.

They shall draw up, in the due cane, and accortling to the forms usual in their conn-
try, statements in evidence of tho facts such as they shall appear, whether from the
dfiolarations of the interested parties or from the teptimouy collected.

THE FISHERIES QUESTION.

mpetitiou, the
tited to them,

T^e statAmnnt sball be admisaible as evidence before the comtnanders of the cruis-
ers f.f the delinquent's nationality, within the limits of their competence.

If the case seem t« him aulHoiently grave to justify such a step, the commander of
the cruising vewel of the plaintiff's uation<ility shall have the right— if there be not
iu sight an? crnisjr of the delinquent's nationality— to take into custody {a'atturer <fe)
eitbar the (velinq.iont in person or >>i» boat, in order to deliver them up to the coiu-
oumdiers af ti>e «ruisiug vessels of their nationality.

Article XU.

The commanders of the English and French crnising vessels shall, within the limit
of their competence, administer justice summarily Ifaire droit d'Hrgence} upon tbo
complaints bront^bt biUore them, whether preferred (lirectly by the interested party
or through the medinm of the commandu.'s of the cruioers of the other nation.

Akticle XIII.

Resistance to the orders or injunctions of the commanders of the crnising vessels
charged with the police of the tisheries, or of persons acting under their orders,
shall, without reference to the nationality of the cruiser, be deemed resistance to the
competent authority to the end of repressing the act charged.

Article XIV.

When the act charged is not grave, but, nevertheless, shall hrvo occasioned dam*
age, the commanders o.. the cruising vessels may adjust the dispute ^_ooneilUr'] be-
tween the iuterestfad parties, and lix the indemnity to be paid, with the consent of
the parties.

Article XV.

rhe French Qove~Qment renounces, for its citizens, the .salmon fishery in rnnning
waters, and does not reserve tbe fishery for this fish, save at sea and in the mv?uths of
rivers OS far as salt-wuter extends; but it is forbidden to set fixed barriers which
may impede iuterual navigation or the free passage of fish.

Article XVI.

French fishermen shall be exempt from any tax upon the introduction into that
part of the island of Newfoundland comprised between Cape St. JoLn and Cape Ray
and to the northward of thoite capes, of all objects, materials, provisions, etc., neo-
CHsnry to their industry, their subsistence, and their temporary establishment upon
the coast of that Britannic possession.

They shall, likewise, be exempt in that same part of the island, from all light-
iiuutte, port, or other navigation dues.

Abtic;-3 XVII.

The French fishermen shall have the right to buy bait, herring and caplin, on land
or tit sea, in tbe harbors of Newfonndland, without tax or impediment of any kind»
after tbe 5th day of April of each year, and until the end of the fishing seacon!

Article XVIII.

The employment of French subjects, at the rate of one guardian, with his family,
for each liarbor, is authorized iu order to guard tbe French establishments during the
<u«8ation ut'tbu fishing season.

Ill th) hurliors of jarco extent where the temporary establishments of French cltl-
eens a^e too far apart to permit of one guardian watching over the establishment"
the presence of a second guardian with his family will be authorized.

Article XIX.

Every fishing vessel, every article of equipment or rigging of a fishing vessel, and
evsry nwt, line, buoy, or implement, wl atever, — ' ■^h may hove been found or picked
up, sL&ll be as soon as possible delivered to the <;i..<^ 3teut authorities of the nation
of the 8i\lvor.

The articles fonnd shall ba restored to the owners or their representatives through
the care of the said competent authorities and under reserve of the prior guarantee of
thtt Hftlvors' rights.

The indemnity to be paid to the salvors shall ^ j uxed iu oouformity with tha legi^*
latiou of their coantry.

■I

THE FISHERIES QUESTION.

Articlk XX. . •

The provisions of the present arrang«in(!nt, with the exeeption of fhoso of Articles
1, '2, una 18, tthall only bo upplicalile within tho Hcason <luriuy which tlio treaties
grant to I'^renchmeu the rinht of takinjj an«l cnriiiy tish.

In witneHH whereof the nnderHi^iiud (toinmistiioiK^rii have <lrawn np the present ar-
raiif^einent, .snhject to tho approval of their respective Governments, and hereunto set
tlit'ir names.

Done at Taris, iu duplicate, the 14th Novemlor, 1885.

Cii. Jageksciimidt.

' HlGKlCL.

'■' • Francis Clark Ford.

»"*''' Edmukd Bukke Pennell.

flnclosuro 3 In No. 459.]

TREATIES BETWEEN GREAT URITAIX AN'D FRANCK RKI-ATIVE TO TIIK NEWFOUNDLAND
FISIIliUY ; RKNEWED »Y ARTICLE 13 OF THE TKKATY OF PEACE OF SOTH MAY, 1811.
(PAGE 1G2.)

(1) '^rMty of peace and friendsTiip between Great Britain and France, the llth Jpril, 1713.

i

j.vtVt-i,

[ Extract.— Translation. ]

13. The island called Newfonndland, with the adjacent islands, shall from this time
forward belong of rij^ht wholly to liritain ; and to that end the town and fortress of
I'lacentia, and whatever olhcr places in tho said island are iuthc possession of tho
French, shall bo yielded an<l given np within sev(Mi months ficnn theexchanyo of the
ratilications of this treaty, or sooner if possible, by the Most Cliristian King, to those
who have a commission from tho Queen of (Jreat iiritain for that ]) irpose.. Nor shall
the most Christian King, his heirs and suceessurs, or any of their subjects,, at any
tinio hereatler lay claim to any right to the said island or islands, or to any part of
it or tliem. ^Moreover it shall not bo lawful for tho subjects of Fninyu to foitily any
j)liu'o iu tho said island (>f Newfoundland, or'to erect any buildings there, besiiies
stages nuule of boards and huts necessary and usual for drying of lisli, or to resort to
the said island beyond the time necessary for fishing and drying of fish.

But it shall be allowed to the subjcjcts of France to catch lish and to «lry them ori
land, iu that part only, and in no otlier besid<'s that, of the said island of Newfound-
land, which stretches from the j)liice called Cape Bonavista to tho northern jiiiint of

•the said island, and from thence running down by the wester') side, reaches as far as
the plaio called Point liicho. But tho island called 0a])0 Brotou as also all others.
Loth iu the mouth of tho river of St. Lawrence and in the Guelj)!! of the same nnme,
shall hereafter belong of right to the French ; and tho most Christian King shall
have all manner of liberty to foriifv any place or places there.
Done at UtrccUt, Slbt March (Uili April), 1713.

■ [l. 8.] John Bristol, C. P. S.

[L. 8 J Strafford.

[L. S.] * IIlIXELLES.

[l. 8.] V Mesnagek.

(2) Definitive treaty of peace between Great Britain and France. Signed at Paris, 'iOlh Feb-
ruary, 17(53.

i:'

[Extract.— TratsLition.]

V. Tho subjects of France shall have the liberty of fishing and drying, on a part of
th«i coasts of the island of Newfoundlaud, such as it is spicified in Article 13 of tho
treaty of Utrecht; which article is renewed and cunlirnu-d by the present treaty
(except what relates to tho isliind of Cape Bretcui, as well as tho other islands and
c(>asts in the mouth and iu the Crulpli of St. l>awreni;e). And his Britannic Majesty
consents to leave to tin* subjects of tlm Most Christinu King tho liberty of fishing iu
the (iMl)ih St. Lawrniceoii ci>n<lition that the suhjecSs of t'ranco do not exorcise tho
(<:iid lisliery, bet at. the distance of 3 leagues from all (ho coasts belonging to Great
licitaiii. as well tho.'ic (>r the Continent as those of tho islands situat<;d iu thosai<l
Qulph St. Lnwruucu. Aud us lo what relates to tho fishery ou tho coasts of tho islaud

THE FISHERIES QUESTION.

18

so of Articles
tlu) troutiea

I ])re8(!iifc ar-
[ bcrountoeet

IDT.

FOUD.
rENNELL.

of Capo Brolon out of tlio Bald Gulph, <ho Hubjoots of tlio most Christian King shall
not bo perniittort to exorciso tlio Haiti fishery but at tho distanco of 15 lea^iu-M from
th ' coasts of tho inland ofCaiio Broton ; and tho fishery mi tho coasts of Nova Scotia
or Acadia, and everywhere else out of tho aaid Gulph, shall remain on tho foot of
former treaties.*

VI. The King of Great Britain cedes tho islands of St. Pierre anil Miqnolon, in full
right, to liis Most Christian Majesty, to servo as a shelter to tho French fisherniei" ;
and His said Moot Christian Majesty enjiages not to fortify tho said biiildiu<;s n))on
them but merely for tho convenieuco of tho fishery, aud to keep uxiou thuiu u yuard
of fifty men only for tho police.

Doiio at Paris, tho lOtli of February, 17G3.

[L. 8.3 i3Ei>Foun, C. r. S.

[i,. 8.] C'iioi.ski;l, Duo dv Pranlin.

[L. s.] El Makq. db Gkimaldi.

PFOUNDLAND
H MAY, IdH.

th April, 1713.

rom tins time
ml fortress of
lession of the
change of tho
Ciiiy, to those
<c. Nor shall
lyccts,, at any
o any part of
lo foitily any
here, bes'ules
ir to resort to

dry them ori
f Newfound-
era ]»iiiiit of
ches as fixr as
so all others,
o same name,
Kiiii; shall

L)L, c; P. S.

ari8,)0lh Feb-

ou a part of

!le i:j of the

esent treaty

islands and

iiiio Majesty

of fishing in

exorcise the

iufi; to (Jroat

in tho sai<l

of the islaud

(3) Definilhe treaiij of peace between Great Britain and France. Signed at Veraaillcs, 3J

September, 17d^.

f Extract.— Translation.]

IV. His M.'ijesty tho Kin;; of Great Britain is maintaitied in his right to tho island
of Newfoundland and to tho adjacent islands, as the wholo were assured to him by
the i;ith article of the treaty of Utrecht, oxceptinir tho island of St. Pierre and Mi-
qmdon, which were ceded in full right by the present treaty to His Most Christian
Majesty.

V. His M.ijesty the Most Christian King, in order to prevent tho quarrels which
have hitherto arisiMi between the two nations of England and Franco, consents to re-
nou'ice tho right of iishing, which belongs to him in virtue of tho aforesaid article of
the treaty of Utrt;cht, from Capo Boiiavista to Cajio St. John, situated on tho east-
ern coast of Newfoumlland, in bO'^ north latitude; and His JIajcsty tho King of Great
Britiiin consents on liis part that the fishery assigned to tho subi<'cts of His Most
Christian Majesty, beginning at tho said Cape St. .John, ])a.s!dng to the north and de-
6cei,(ling by the western coast of the island of Newfoundland, siyi'l extend to the place
called Cajie Raye, situated in 47'^ 50' latitude. Tho French fishermen shall eiijoj the
tisliery wLich is as.signed to them by tho present article as they had the right to enjoy
that which was assigned to them h/ tho treaty of Utrecht.

VI. With regard to tho fishery in tho Gulph of Ft. liawreuce, tho French shall con-
tinue to exercise it conf'orni!il)ly to the Vth article of tho treaty of Veraailloa.

Done at Vursaillcs, tho 3d of September, 1763.

[L. 8.]
Ll. 8.]

Manciiestkr.

Gkaviek de Vergenxes.

(Annex 1.) Lritiah declaration. Signed at Fersailles 3d September, 1783.

[Extract.]

The King having entirely agreed with His Most Christian Majesty npon tho arti-
cles of the definitive treaty, will seek every means which shall not only insure the

* Extract from thn treaty of i)eaco jetweon Great Britain aud France. Signed at
Whitehall, Kith November, KiSti:

V. The snbjeciS, inhabitants, merchants, commanders of ships, masters and niari-
ni'rs of tho kingdoms, provinces, and dominions of each King, respectively, shall ab-
stain aud forbear to trade and fish in all tho pli?,ces possesseil or which shall be pos-
scM.si^d by one or the other party in America, viz, the King of Great Britain's subjects
shall not drive thciv eommeree and trade, nor fish in the havens, bays, creeks, roads,
shoals, or places which th ■ Most Christian King holds or shall hereafter hold in Amer-
ica; and in like manner tho Most Christian King's subjects shall not drive their com-
merce and trade, nor fish in tho havens, bays, <!re«k8, road.s, shoals, or places which
the King of Great Britain possesses or shall hereafter possess in America. And if any
ship or vessel shall bo found trading or fishing contrary to tho tenor of this treaty,
the said ship or vessel, with its lading proof being made thereof, shall be coiifi ic-ated ;
nevur'lieless, the jiarty who shall find himself aggrieved by such stintonce or confisca-
tion shall have liberty to api>ly himself to the privy council of that king l>y whose
governors or jr.dges the sentence has been given against him; but it js always to ho
uiKlerstood that the liberty of navigation ought in no inunuer to be disturbed whero
nothing id committed against the guuuiue auuse of thia treaty.

925G r E 87 28

fl'

THE FISHEBIE8 QUESTION.

ezeontion thereof with his luscnstomed good faitb. and panotoAlitj, bat will besidea
give on his part all possible effioacy to the principles which shall prerent eren th«
least foundation of diapnte for the future.

To thia end, and in order that the fisherman of the two nations may not giro ot^nso
fur daily qnarrels, HisBritannio Msijest^ will take the moat positive measnres for nr^
Tentine his subjects fi-om intermpting in any manner, by tneir competition, the fish-
ery of the French during the temporary exercise of it wnioh is stanted to them upon
the coasts of the island of Newfonndland; and he wilt, for this imrpoae, caose the
fixed settlements which shall be found thereto be removed. His Britannic Majesty
will give orders that the French fishermen be not incommoded in cuttii>g the wood
necessary for the repair of their scafifolds, hnts, and fishing vessels.

The thirteenth article of the treaty of Utrecht, and tho method of carrying on the
fishery, which has at all times been acknowledged, shall be the plan upon waioh the
fishery shall be carried on there ; it shall not bo deviated from by either party ; the
French fishermen building only their scaffolds, confining themselves to the repair of
their fishing vessels, and not wintering there; the subjects of His Britannic M^esty,
on their part, not molesting, in any manner, the French fishermen during their fish-
iug, nor injuring their scaffolds during their absence.

The King of Great Britain, in ceding the islands of St. Pierre and Mi(|nelon to
France, regards them as ceded for the purpose of serving as a real shelter to the
French fishermen, and in full confidence that these possessions will not become an
object of jealousy between the two nations ; and that the fishery between the said
islands and that of Newfoundland shall be limited to the middle of the channel.

Given at YeraaiJlea the 3d of September, 1783.

[L. s.] Hanchestkr.

(^ttNex2.) French counter-deolaration. Signed at Feraaillet 2d September, 1783.

[EztrMt.]

TIiH principles which have gnided the King, in the whole coarse of the negotiations
which preceded the re-establi^ment of peace, must have convinced the King of Great
Britain that His Majesty has had bo other design than to render it solid and lasting,
b V piruveuting is much as possible, in the foar quarters of the world, every subject of
discussion and quarrel. The King of Groat Britain undoubtedly places too mucli con-
fidence in the uprightness of His Mi^esty's intentions not to rely upon his constant
attention to prevent the islands of St. Pierre and Miquelon from becoming an object
of jealousy between the two nations.

As to the fishery on the coasts of Newfoundland, which has been the object of the
new arrangemeuts settled by the two sovereigns upon this matter, it is suffloiently
ascertained by the fifth article of the treaty of peace signed this day and by the declara-
tion likewise delivered to-day by His Britannio M^est^'s ambassador extraordinary
and plenipotentiary ; and His Majesty declares that ne is fully satisfied on this head.

In reganl to the fishery between the island of Newfoundland and those of St. Pierre
Iknd Miquelon, it is not to be carried on by either party but to the middle of the
channel. His Miijesty will give the most positive orders that the French fishermen
shall not go beyond this line. His Majestv is firmly persuaded that the King of Great
Britain will give like orders to the Enfflish fishermen.

Given at Veraailles the 3d of September, 17S3.

[L. S.] GRA.VIBB DS VSBOENMXS.

■i.'i \.

[Inolosnre 4 in No. 450.)
Mr. Seward to Mr. Adams,

No. 1737.] Depautmbnt OS StaTB,

Washington, Jpril 10, .

biR : I send yon a copy of a very suggestive letter firom Mr. Riehud D. Cutts, who,
pcrhapa, you are aware, was employed as surveyor for marking, on the partof th«
United Btates, the fisherv limita under the reciprocity treaty. Mr. Cutts's long
familiarity with that subject praotically and tLeoreticafly entitles his auttgeations to
respect.

It is desirable to avoid any collision or misunderstanding with Great I^ritain on
the snliject growing out of the termination of the reciprocity treaty. With thia view
1 incloae a d ranght oft* protocol, which yon may propose to Lord Clarendon for a tempo-
rary regulutiou of the matt«r. If he shooild agree to it, it may be signed. Whsn

THE FISIIEKIE8 QUESTION.

15

rlll besidea
b oren th«

girs ounie
ires for nr*-
>n, the tiAh-
» them upon
S caase the
Die Hajegtf
ig the wood

y'mg on the

wlii

Q wMioh th«
party; the
he repair of
lio M^esty,
; their fish-

Mi(iaelon to
lelter to the
I become an
lea the said
iiannel.

rCRKSTEB.

b«r, 1783.

i6|bttatIofii
Ing of Great
^nd lasting,
subject of
muou con-
liis conntant
ig an object

bjeot of the
ufiBoientJjr
the deolara-
traordinary
this head.
)f at. Pierre
ddla of the
fishermen
og of Great

EiaBN»K9.

rATK,

10, 1866.
[7ntt8, who,
part of the
utts's long
gestionii to

I^Htain oil

b this view
nr a tempo-
ed. When

Hiirned it is desirable that the instructions referred to in the concluding paragraph
slionld at once bn dispatclied by the Hritisli Governojont.

As tlie fishing seiitiou is at band, the collisions which might be apprehended luay
occur wlitui lliul season advances.

1 am, sir, your obedient ttorvaut,

WiLUAM II. Sewaro.

JIfr. Cuttt to Mr. Seward..

Washinoton, April 7, 1865. m.
Sir; For a full understanding of the differences which now exist in regard to the
rights which belong to American fishermen in the seas bordering the British North
American colonies it is necessary to refer to the treaties and negotiations which pre-
ceded the convention of 181l!), so far as they relate to the fisheries.

- ,1

DEFINITIVK TREATY OF PEACE, 1783.

Article 3. " It is ogreed that the people of the United States shall contlnne to en-
joy, unmolested, the right to take fish of any kind on the Grand Hank, and on all the
other banks of Newfoundland ; also in the Gulf of St. Lawrence, and at all other
places in the sea wlioro the inhabitants of both countries used at any timo heretofore
to fish; and, nlHO, that they shall have liberty to take fish of every kind on such part
of the coast of Newfoundland as British fishermen shall use, but not to dry or cure the
same on that island ; and also on the coasts, bays, aud creeks of all other of His
Britannic Majesty's dominions in America."

In the treaty of Ghent, terminating the last war with Great Britain, no allusion
was made to the subject of the fisheries.

lu July, 1815, complaint was made that American fishing vessels, engaged in the
ood-fishery off the coast of Nova Scotia, hud been ordered away by a British sloop-of-
war, aud this act, while it was declared to be totally unauthoriited by His Majesty's
Government, led to a correspondence between our minister at London (John Quiuoy
Adams) and Lord Bathurst, in which the United States adhered to the right and
liberty of fishing as s'^cured by the treaty of 1783, on the ground that those rights
and liberties were not grunts from the King, but the permanent results of a partition
of rights at the time of the separation of the two countries, and contended, there-
fore, that they could not be impaired by a state of war. On the other si^le it was
asserted that while the right described in the treaty may not have been impaired, the
"libertirs" were a concession dependent on the treaty, aud as the treaty was abro-
gated by the war, so also were the " liberties."

CONVENTION OF 1818.

At the third conference held between the American and British plenipotentiaries —
Messrs. Gallatin and Rush on the jtart of the United States, and Messrs. Robinson and
Gold burn on the part <^ Great Britain — the former iiresented a proposition in regard
to the fisheries in almost the identical language of the first article of the convention
afterwards adopted, with the understanding that the liberty of fishing therein de-
scribed should be considered as a permanent right, and not to be abrogated bg the mere
fact of a war between the two parties.

At the fifth conference a counter project was submitted by the British plenipoten-
tiaries not materially differing from the above, except that the renunciatory clause
was omitted, and the following paragraph added >

"And in order the more effectually to guard against smuggling, it shall not be law-
ful for vessels of the United States engaged in the said fishery to have on board any
goods, wares, or merchandise whatever, except such as may be necessary for the
prosecution of the fishery, a support of the fisherman while engaged thereiu or in the
pro.secution of their voyages to and from the said fishing grounds. And any vessel
of the United States which shall contravene this regulation may be seized, condemned,
aud confiscated, together with her cargo."

In regard to this paragraph, and to another referring to fishing at the months of
rivers, Messrs. Gallatin anil Rush presented the following remarks:

" Whatever extent of fishing ground may be secured to American fishermen, the
American plenipotentiaries are not prepared to aonept it on a tenure, or on conditions
different from those on which the whole has been heretofore held. Their instructions
dill not anticipate that any new terms or restrictions should be annexed, as none were
Mi^uested in the proposals ihade by Mr. BagQt to the American Goveroment. The
clause;) forbidding the spreading of nets, and making Tessels liable to ooafisoatloa, in

16

THE FISHERIES QUESTION.

ease an;/ arliohB not wanted for carryivij on the fisherif should he found on board, are of
that d(8Gription, and would txpoao the fishermrn to endlexa vvxalionH,"

At tins Hcvoiith coateronco, hold on the KJth October, 1818, tho British plojiipoten-
tiiuioH Kiibmitted a second counter project, conforming with the views and free from
tho obligations presented by Messrs. Gallatin nud Kiish, and this project, being agreed
t/O, eonstitnted tho lirst article of tho convention, as follows:

"Whereas difl'erences have arisen respecting tho liberty claimed by tho United
States for the inhahitaats thereof to take, dry, and cure fish on certain coasts, bays,
harbors, and creeks of his Britannic Majesty's dominions in America, it is agreed he-
tweeu the high coutractiug parties that the inhabitants of said United States shall
have forever, in commou with tho snVyects of his Britannic Majesty, the liberty to
take fish of every kind on that part of the sonthern coast of Newfoundland which
extends from Capo iiay to the liamea Islands, on tho western and northern coast of
Kewfoundland from the said Cape Ray to the Rauiea Islands, on the western and
northern coast of Newfoundland from the said Cape Fay to the Quirpon Islands, on
the shores of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks,
from Mount Goly, on the southern coast of Lahrador, and through the Straits of Belle
Isle, and thence northwardly, indefinitely, along tho coast, without jjrejudice, how-
ever, to any of tho exclusive rights of the Hudson's Bay Company ; and that the
American fishermen shall also have liberty forever to dry and cure fish in any of tho
unsettled bays, harbors, and creeks of the southern part of tho coast of Newfoundland,
hereabove described, and of tho coast of Labrador. But, bo soon as the same or any
portion thereof shall bo settled it shall not be lawful for the said fishermen to dry or
cure fish at any such portion so settled without previous agreement for such purpose
with the inhabitants, proprietors, or possessors of tho ground; and tho United States
hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants
thereof to take, dry, or cure fish, or witliin 3 marine miles of any of tho coasts, bays,
creeks, or harbors of His Britannic Majesty's dominions in America not included
within the above-mentioned limits: Provided, hotcerer, That the Aniericau fisheruien
shall be admitted to enter such bays or harbors for the purpose of shelter and of re-
pairing damages therein, of purchasing wood and of obtaining water, and for no
other purpose whatever. But they shall be under such restrictions as may bo neces-
sary to prevent their taking, drying, or curing fish therein, or in any wanner what-
ever abusing the privileges hereby reserved to them,"

Tho dift'erencos which have heretofore arisen between the United States and Great
Britain, touching the exercise of the rights and liberties secured to American fisher-
men, may be classed under two principal heads:

1. As to tho construction of the renunciatory clause of tho convention.

Under this clause Great Britain has contended that no American fisherman haa
the right to fish within 3 marine miles of tho entrance to any " bay," which " from
its geographical position may bo properly considered as included within the British
possessions," and that the entrance to such bay must bo designated by a line drawn
from headland to heartland. In support of this construction it has been urged that
"if the convention was intended to stipulate simply that American fishermen should
not take fish within 3 miles of the coast, there was no occasion for using the word
bay at all, but the proviso at the end of the article shows that the word 'bay' was
used designedly, for it is expressly stated in that proviso that, under certain circum-
stances, the American fishormeu can enter baya, by which is evidently meaut that they
niav, under these circumstantjes, pass the sea lino which forms tho entrance to the
bay."

According to this construction, so undefined and indefinite, the bays of Fundy and
Cluileur, or any exteut of tho sea lying between distant headlands, may be reserved
under the name of bay, for the exclusive use of British fishermen.

The United States are firmly opposed to such a construction, believing it to be totally
unauthorized by tho language or intention of tho convention, or by the right acquired
by usage. In the opinion of this Government, repeatedly announced at ditterent
periods, the American fishermen ha^ e a clear right to the use of tho fishing grounds
lying off the provincial coasts, whether in the main ocean or in the inland seas, pro-
vided they do not approach withia 3 marine miles of such coasts ov of the entrance
to any bay, creek, or harbor not more than 6 miles in width; and to such bays
only does tho renunciatory clause in the first article apply. They object to the
British construction on tho ground that, if such arms of tho sea as tho bays of Fundy
and Chaleur, or such curves in the coast as the bay ot Miramichi, or such part of the
Boa included between headlands as the wide indentation on the coast of Capo Breton,
lying between Cape North and Cape Percy, were the " bays" renounced, there would
bo an inconsistency, if not a clear contradiction, in the very next sentence of tho arti-
cle, which authorizes AraericaM fishermen " to enter such baya for the purpose of shel-
ter and of repairing damages." It can hardly be couteiuled that "shelter" can be
obtained in the bay of Fundy, an arm of the sea 40 miles wide and 100 in length,
or that either shelter, wood, or water can he obtained, or damages repaired, in the

THfi FISHERIES QUESTION.

17

curve of the connt between the headlandB of St. Eacnmonao and niacklaiul Point,
(icniL'iisited on the chart aH the bay of Miraniichi. It is objoc.ted to, alw), for the rea-
son that it would permit the drawing of lines anywhere in the gulf or on tlio coaHt
from licatUaiid to headland, any one of which conld be made to embrace, at.one8w.e|),
niaiiv bays, crooks, and harbors, besides a portion of the high seas, and frvmi which
the American fishermen could ho kept an indefinite distance, and be thereby driven
from the fishing grounds.

Moreover, it is believed that while the British constmction isnot necessary to Kccnro
to the people of the provinces the inshore fisheries, or to protect their rights of prop-
erly or their territorial jurisdiction, all of which are amply secured by the. 3 ina-
rine'miles restriction, it wouhl materially restrict the full enjoyment of the right
which wo possesaed before the Revolution, which was acknowledged in the definitive
treaty of peace, which wa8 not aff'ected by the treaty of Ghent, and which, a<;(M)rdiiig
to the decision of Great Britain, expressed in the correspondence whicli preceded I ho
convention, was not abrogated by the war of 1812. That right is "to take fish" of
any kind "in the gulf of St. Lawrence, and at all other places in the sea when> tho
inhaltitauts of both countries used at any time heretofore to fish." No construction
liable to such indefinite extension or applic..tion c^n be coi-rect or bo allowed.

In I'fli* Her Majesty's Government receded from the above position, so far as tho
bay of Fiindy is concusmed, and from that date our right of fishery in that bay has
not been a matter of dispute. It is now open to American fishermen, to be used in
the same nmnner as the more open sea; provided, however, that they do not take fish
within 3 marine miles of the coasts or of the entrance to any bay, creek, or harbor
of Nova Scotia or New Brunswick, between which two provinces that arm of tho sea
extends.

2. As to the restrictions imposed by the colonies to prevent the privileges of shelter,
etc., from being abused b.\ American fishermen.

The fishermen of the United States are frequently compelled by rough weather, or
by injuries to their vessels received in a gale, or in consequence of collision or other
accident, to seek tho nearest port for shelter and repairs. And it is also necessary at
stated intervals, while they are engaged during the summer and fall in following their
avocation, that they. should take on board a resupply of wood and water; and for
either of these purposes they have the light, so long as the convention continues in
force, to resort to the bays and harbors of the diflferent provinces.

Some of the colonial- laws, especially those of Nova Scotia, enacted to prevent tho
abuse of these privileges, are of sucli a stringent character as to almost annul the
right, or make it at least hazardous for American fishermen to attempt to enjoy it.
Seizures are made on the slightest suspicion, or on false pretenses or charges; heavy
bonds are required before suit can be instituted to recover; the owner of the vessel
unist bring the charges, and if unsuccessful, he is mulcted in treble costs, bdsides
the loss of vessel and cargo.

In this connection it miist be borne in mind that a proposition was made to intro-
duce into the convention a stipulation that " it shall not be lawful for the vesscds of
the Uuited States, engaged in the said fishery, to have on board any goods, wares, or
iiuTchauilise whatever, except such an may be neces8»^ry for the prosecution of the
fishery or 8upi)ort of the fisliermen," etc.. and that this proposed stipulation having
bicn objected to by Messfs. Gallatin and Rush, on the ground that it " would expose
our fishermen to endless vexations," it was withdrawn by the British plenipoten-
tiaries.

Such was the condition of tho controversy between the United States and Great
Ihitain as to the limits of our right of fishery on tho provincial coasts, and such the
severe restrictions, amounting almost to prohibition, on the privilege of entering bays
and harbors for shelter, wood, or water, previous to 1^54, the date of the late re-
ciprocity treaty with Great Britain. That treaty having expired on tho 17th of March
last, the American fishermen must fall buck on their rights, as thus explained and as
heretofore enjoyed.

1 have the honor to be, very respectfully, your obedient servant,

Richard D. Cutts.

[protocol.]

Whereas in tho first article of the convention between the United States and Great
Hritain, concluded and signed in London on tho 20th of October, 1H18, it was declared
lliat "the United States hereby renounce forever any liberty heretofore enjoyed or
claimed by the inhabitants thereof to take, dry, or cure fish on or withiii 3 ma-
riuo miles of any of the coasts, bay's, creeks, or harbors of His Britannic Majesty's
dominions in America not included within certain limits heretofore mentioned ; " and
wherecs dilferences have arisen in regard to the extent of the above-mentioned re<

3. Ex. 113 2

18

THE FISHEEIES QUESTION.

!i]i

nnnciation, tho Qovornment of tbe United States and Her Majesty the Quoen of Great
Britain, boinjj equally dosirous of avoiding further luisundorataudinjj, liavo n);rced to
appoint, and do hereby authorize the appointment of a mixed couiniission for the
following purposes, namely:

1. To agree upon and define by a series of linos the limits which shall soparntn the
exclusive from the common right of tishing on the coasts and in tho seas adjacunt of
tho British North American colonies, in conformity with the first urticio of the conven-
tion of 1818 ; the said lines to be regularly numbered, duly described, and also clearly
niiirkcd on charts prepared in duplicate for the purpose.

"-i. To agree upon aud establish such regulations as may be necessary and proper to
Becure to the fishermen of the United States the privilege of entering bays anil bar.
bors for the purpose of shelter and of repairing damages therein, of jinrchaslng wood,
and of obtaining water, and to agree upon and establish such restrict inns as may bo
necessary to prevent the abuse of tho privilege reserved by said convention to the
fishermen of tho United States.

IJ. To agree upon and recommend the penalties to be adjudged, and such proceed-
ings and jurisdiction as may be necessary to secure a speedy trial and judgmcMit with
as little expense as possible, for the violators of rights and the transgressors of the
limits and restrictions which may be hereby adopted.

Provided, however, That tho limits, restrictions, and regulations which may be
agreed upon by the said commission shall not be final, nor have any efltu^t, until so
jointly confirmed and declared by the United States and Her Majesty the Quecm of
Great Britain, either by treaty or by laws, mutually acknowledged and accepted by
the President of the United States, by aud with the consent of the Senate, aud by
Her Majesty the Queen of Great Britain.

Pending a definitive arrangement on the subject, the United States Governmeut
engages to give all proper orders to ofiicers iu its employment, and Her Britannic
Majesty's Government engages to instruct the proper colonial or other Brit isii oflicers
to abstain from hostile acts against British aud United States fishermen respectively.

(Foreign Kelatious, 1866, vol. l,p.98.)

■, • ' ' , . . -^ • [InclosureSlnNo. 450.— Tranalfttion.] ! ■ ' '^

Convention between Her JiritannioMaje8!y,the Ge^-man Emperor, King of Prmma, the King
of ihe Belgians, the King of Denmark, the PresidcHt of the French Uepuhlic, and the
King of the Netherlands, for regulating the police of the North iSea fisheries.

" " (Signed at The Hague, May 6, 1882.)

Her Maje.sty tho Queen of the United Kingdom of Great Britain and Ireland ; His
Mnj''8ty tho German Emperor, King of Prussia : His Majesty the King of the Belgians ;
His Majesty tho King of Denmark; the President of the French Republic; and His
Majesty the King of tlie Netherlands, having recognized the necessity of regulating
the police of the fisheries in tho North Sea, outside torritoi>ial waters, have resolved
to conclude for this purpose a convention, and have named their pleni^totentiaries as
follows :

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the
honorable William Stuart, companion of the Most Honorable Order of the Bath, etc.,
her envoy extraordinary and minister plenipotentiary at The Hague ; Charles Mal-
colm Kennedy, esq., companion of tho Most Honorable Order of the Bath, etc., head
of the commercial department of tho foreign office ; aud Charles Cecil Trevor, esquiie,
barrister at law, assistant secretary to tho Board of Trade, etc.;

His Majesty the German Emperor, King of Prussia, Veit Richard von Schmidthals,
knight of the Order of the Red Eagle of the third class, and of the Order of St.
John, etc., councilor of legation, his charg6 d'affaires at The Hague; and Peter
Christian Kiuch Donner, knight of the Order of the Red Eagle of the fourth class
with the sword, and of the crown of the fourth class, etc., his councilor of state,
captain in the navy, on the reserve ?

His Majesty the King of tho Belgians, the Baron d'Anethan, commander of the
Order of Leopold, etc., his envoy extraordinary and minister plenipotentiary at The
Hague; and M. L<$opold Orban, commander of the Order of Leopold, etc., his en-
voy extraordinary and minister plenipotentiary, director-general of the political de-
partment in the ministry of foreign affairs ;

His Majesty the King of Denmark, Carl Adolpb Bruun, knight of the Order of tho
Danebrog, etc., captain in the navy ;

The President of the French Rejiublic. theCount Leffebvre de Bchaine, commander
9I the national order of the Legion of Honor, etc., envoy extraordinary aud minister

THE FISHERIES QUESTION.

19

on of Great
o 0)1; recti to
sioii fur the

oparnt« tlio
udjiiciitit of
tlio eoiivcH-
uIho cleurly

(1 proper to
\H and Imr-
isiii<>' wooil,
H as may lift
tiou to the

ell proceed-
i^iueiit with
MHors of the

ich uiay be
•vt, until 8o
10 Qiicen of
accepted by
lato, tiud by

Glovernmciit
in' Britiiiiuio
itisli oilieers
cspcctively.

sia, the King
blic, and the
iea.

reland ; His
10 Belgians;
ic ; and Ilia
rej^nlating
i,ve resolved
beiitiaricH as

[reland, the
Bath, etc.,
tharles Mal-
|i,etc., head
^or, csquiie,

chniidthals,
Jrder of St.
and Peter
[fourth class
lor of state,

Lder of the
[iary at The
Itc., his en-
l)oliticalde-

Irder of the

cnmniauder
id miaU(«p

plenipotentiary of the French Republic at The Hapfne; and M. Gnptavo fimile Man-
cel olfleerof the national order of the Legion of Honor, etc., coniniisaary of marine;

His Majesty the King of the Netherlands, the Jonkheer Willeui Frederik Rochussen,
coniiiiauder of the Order of the Lion of the Netherlands, etc., his minister of foreign
aifairs, and Edaard Nicolaas Rabusen, knight of the Order of the Lion of the Nether-
ian<l8,'etc., president of the committee for sea flsheries:

Who, after having communicated the ono to tlie other their full powers, found ia
good aud due form, liave agreed upon the following articles :

AnxiCLit I.

The provisions of the present convention, the object of which is to regulate the
polioo of the fisheries in the North Sea, outside territorial waters, shall apply to the
Hiilijects of the high contracting parties.

Article IL

The fiflliermen of each country shall enjoy the exclusive right of fishery within the
distance of 3 miles from low-water mark along the whole extent of the coasts of their
lespective countries, as well as of the dependent islands and banks.

Ah regards bays, the distance of 3 miles si U be measured from a straight lino drawn
across the bay in the part nearest the entrance, at the iirst point where the width
does not exceed 10 miles.

The present article shall not in any way prejudice tlio freedom of navigation and
anchorage in territorial waters accorded to fishing boats, provided they conform to
the special polire roj^ulations enacted by the powers to whom the shore belongs.

Article III.

The miles mentioned in the preceding article are geographical miles, whereof 60
make a degree of latitude.

Article IV.

For the purpose of applying the provision'- ? the present convention, the limits
of the North Sea shall be fixed as follows ;

1. On the north by the parallel of the 61st uogree of latitude. . .

2. On the east and south:

( 1 ) By the coasts of Norway, between the parallel of the 6l8t degree of latitude
end Liudiesnaes light-house (Norway);

('i) By a straight line drawn from Lindesnaes light-house (Norway) to Hanstholm
light-house (Denmark);

(3) By the coasts of Denmark, Germany, the Netherlands, Belgium, and France, as
far as Griz Nez light-house.

3. On the west:

(1) By a straight line drawn from Griz Nez light-house (France) to the .jastern-
most light-house at South Foreland (England) ;

(2) By the eastern coasts of England and Scotland ;

(3) By a straight line joining Duncansby Head (Scotland) and the southern point
of South Ronaldshay (Orkney Islands);

(4) By the eastern coasts '>f the Orkney Islands;

(5) By a straight line joining North Ronaldshay light-house (Orkney Islands) and
SuinUurgh Head light-house (Shetland Islands) ;

(0) By the eastern coasts of the Shetland Islands ;

(7) By the meridian of North Unst light-house (Shetland Islands) as far as the
parallel of the Olst degree of latitude.

Article V.

The fishing boats of the high contracting parties shall he registered in accordance
with the administrative regulations of eacn country. For each port there shall be a
consecutive series of numbers, preceded by one or more initial letters, which shall he
specified by the superior competent authority.

Each Government shall draw up a list showing these initial letters.

This list, together with all modifications which may sabsequoutly be made in it,
shall bo notified to the other contracting powers.

Article VI.

Fishing boats shall bear the initial letter or letters of the port to which they belong,
and the registry number in the series of numbers for that port.

20

THE FISHEUIES QUESTION.

i

1^^

AUTICLIO VII.

Tho naino of each llshing bonf, ami tliat of Urn port to wliicli nho holongH, shall be
paiiitoil in wliito nil color ou u black ground on the Ntcrii of the boat, in lotlera
which Hhall be at least 8 ccntimuterH iu height auil I'i niilllinoterH In breadth. *

Article VIII.

The letter or letters and ininibers shall bo placed on each bow of the boat, 8 or 10
centimeters below the gunwale, and so as tu bo clearly visible. They shall be puiuted
iu white oU color on a black gronnd.

The distance above mentioned shall not, however, bo obligatory for boats of small
burden, which may not have snfllcient space below the gunwale.

For boats of 15 tons burden and upwards the dimensions of the letters atul numbers
almll be 4.5 certimoters in height and G centimeters in breadth.

For boats of less than 15 tons burden the dimensions shall be 25 centimeters in
height and 4 oentlnieters in breadth.

The same letter or letters and numbers shall also bo painted on each side of the
maiiisail of the boat, immediately above the close reef, iu black color ou white or
tanned sails, and in whito oil color ou black sails.

The letter or lotters and numbers ou the uaila shall bo one-third larger in every way
than those placed ou the bows of the boat.

Article IX.

Fishing boats may not have, either on their outside or on their sails, any names,
letters, or numbers other -thau those prescribed by Articles VI, VII, and VllI of the
present couventioa.

^ . Article X.

The names, letters, and numbers placed on the boats and on tlteir sails shall not be
effaced, altered, m&de illegible, covered, or concealed iu auy manner whatsoever.

Article XI.

All tho'flmall boats, bnoys, principal floats, trawla, grapnels, anchors, and generally
all fishing implements, shall be marked with the letter or letters and numbers of the
boars to which they belong.

These letters and numbers shall be large enough to bo easily distinguished. The
O'^'ner of the uets or other fishing implements may furtbor distiuguish them by any
private marks they thiuk proper.

Article XII.

•

The master of eacfi boat must, have with him an ofBcial document, .ssned by the
proi^er authority in bis owu country, for the purpose of enabling him to establish the
nationality of the boat.

This document must stlways give the letter or letters and number of the boat, as
well as her description and the name or names of the owner or the name of the firm
or association to which she belongs.

Article XIII.
The nationality of a boat must not be concealed in any manner whatsoever.

Article XIV

No fishing boat shall anchor, between sunset ana sunrise, ou grounds where drift- 1
net fishing is actually going on.

This prohibition shall not, however, apply to anchor! ngs which may take place in
consequence of accidents or any other compulsory circumstances.

Article XV.

Boats arrived on the fishing grounds shall not either place themselves or shoot their
nets in such a way as to injure each other, or as to interfere with fishermen who haV9 1
f^lready commenced their operatiouQ,

ia every way

THE FISUERIKS tiUKsTlON.
AinicLE XVI.

21

Whcnpver, with a view of drift-not flsJiinji, decked boats and imdnckod boata com-
ni'Mio^ HliontiiiK their iietH iit the hiuiiu time, tiie miduckud bouts Hhull Hliuot tbuir uuts
to windwiird (il'tlio decked l)oal8.

The decked boatB, on their part, shall sboot their ucts to leeward of the uudecked

Asa rule, if decked oats sboot their nets to windward of nndecked boats which
have be;;iin lisliiii;!;, or . uudecked boats whoot tlieir nets to leeward of decked lumts
which l7ave bcjjuii lishinj}, the respouNibility as regards any damages to uets which
uiav r>suit wliall re^t with the boats which last hegau lishiujj, unless they can pnive
that titey were under stress of coniiiiilsory circuuistauces, or that the duuiu^*) '•v<ui uot
caused liy their fault.

AUTICLK XVII.

No net or any other flHliin^ engine shall be set or anchored on grounds where drift-
net lishing is actually goiug on.

Article XVIII.

No fisherman shall make fast or hold on his boat to the nets, buoys, floats, or any
other part of tlio lishiug tackle of another tisherumn.

Article XIX.

Wiien trawl fishermen are in sight of drift-not or of long-lino fishermen, they
takt! all necessary steps in order to avoid doing injury, to tlie latter. Where da..i<.ii«
is caused, the responsibility shall lie ou the trawlers, iiuioss they can prove that they
were under stress of compulsory circnmstauces, or that the loss sustained 4'*! uot ro-

Rhall
uiage

suit fruiu their fault.

Article XX.

Wlieii nets, belonging to diiferont fishermen get foul of each other, they shall uot
be cut without the conmuit of both parties.

All responsibility shall cease, if the impossil)ility of disengaging the nets by any
other means is proved.

Article XXI.

When a boat fishing with long linos entangles her lines in those of another boat
the person who hauls up tlie lines shall not cut them, except under stress of compul-
Rory circumstances, in which case any lino which may be cut shall be immediately
joined together again.

Article XXII.

Except in cases of salvage, and the cases to which the two preceding articles re-
late, no lisheriuan shall, under any pretext whatever, cut, hook, or lift up uets, liuesi
or other gear not belonging to him.

Article XXIII.

The nse of any instrument or engine which serves only to cut or destroy nets is
forbidden.

The jiresence of any such engine ou board a boat is also forbidden.

The high contracting parties engage to take the necessary measures for preventing
the embarkation of such engines on- board fishing boats.

Article XXIV.

Fishing boats shall conform to the general rules respecting lights which have been,
or iiiay be, adopted by mutual arraugomeut between the high contracting parties
1 with the view of preventing collisions at sea.

Article XXV.

^ All fishing boats, all their small boats, all rigging gear or other appurtenances of
I fishing boats, all nets, lines, buoys, fiuats, or other f^hing implements whatsoever

22

THE FISHERIES QUK^ATlON.

r'

found or pioked np at sea, whothnr mark«(l or tinmarkod, shall, as soon as possible, be
dolivereu to the oonipetunt authority of the flrHt port to which the Halving boat re-
turns or puts in

Such authority shall inform the consul or consular agent of the country to whirli
the boat oi^ thit salvor belongH, and of th*« nation of the osviiims of Hid nttich^H found,
They [the same authority] mIiuII restore the articles to the owners tlu)icM>f or to tlicir
representativis, a.^ soon as such articles are claimed and tlie interests of the suIvoih
Lave been properly guarantied.

Tlie administrative or Judicial authorities, according us the laws of the diiTertMit .J
countries may provide, shall (ix the amount which the owners shall pay to the salv-
ors.

It is, however, agreed that this pro\ ision shall not in any way ]>rf.)udice such con-
ventions respecting this mutter as are already in force, and tliut tint hi)rh <'()ntractin)r
parties rest^rve the right of regulating, by special arrangements between themselves,
the amount of salvage at a fixed rate per net salved.

Fishing implomeats of any kind found unmarked shall be treated as wreck.

Akticle XXVI.

The snperintendence of the fisheries shall be exercised by vessels belonging to the
national navies of the high contracting ])arties. In the caseof lielgium, such vessclo
may be vessels belonging to the State, commanded by captains who hold commissiouH.

AUTICLK XXVII.

The execution of the regulationS respectinpr the document establishing nationality,
the marking and numbering of boats, etc., and of fishing iin)>li'mentN, as w«dl as tl.u
presence on board of instruments which ure forbi<klt'n (Articles VI, VII, VIII, IX, X,
XI, XII, X<II, and XXIII, section 2), is placed under the exclusive siiperiiiten(lencu ut'
cruisers ofithe nation of each fishing boat.

Nevertheless the commanders of cruisers shall ac(iuaint each other with any in-
fractions of the above-mentioned regulations committed by the fishermou of uuotbur
nation.

AimcLK XXVIII.

The cruisers of all the high contracting parties shall bo competent to nuthenticiito
all infractions of the regulations prescribed by the present uonventiou, other than
those referred to in Article XXVII, and all ofleiises relating to fishing operations,
whichever may be the nation to which the fishermen guilty of such infractions niiiy
belong.

AUTICLE XXIX.

When the commanders of cruisers have reason to believe that an infraction of the
provisions of the present convention has been committed, tliey may re(juire tlie
master of the boat inculpated tooxhibit theoilicial di>cuinenl establishing her nation-
ality. The fact of such document having been exhibited shall then be indorsed npou
it immediately.

The comm.tnders of cruisers shall not pursue further their visit or search on board
a fishing boat which is not of their own nationality, uiih'ss it should be necessary for
the purpose of obtaining proof of an offense or of a contra vontiou of regulations re-
specting the police of the fisheries.

Article XXX.

The commanders of the cruisers of the signatory powers shall exercise thtir judg-
ment as to th I gravity of facts brought to their knowledge, and of which they are I
empowered tt take cognizance, and shall verify the damage, from whatever cause |
arising, which may be sustained by fishing boats of the nationalities of the high con-
tracting parties.

They shall draw up, if there is occasion for it, a formal statement of the verification I
of the facts as elicited both from the declarations of the parties interested and from |
the testimony of those present.

The commander of the cruiser may, if the case appears to him sufficiently serious to I
justify the step, take the offendin.?; boat into a port of the nation to which the fisher- r
man belongs. He may even take on board the cruiser a part of the crow of the Wish-
ing boat in order to hand them over to the authorities of her nation.

Article XXXI.

The formal statement referred to in the preceding article shall be drawn up in tb«|
language of the commander of the cruiser, and according to the forms in use ^a bii|
oooutry.

THE KtHtlKRlKS QHR8TI0N.

23

Tlio acciiHfld and tho wltneiwOH Hliall bo entitled to luld, or to liiivo nddcd, to Hiich
BtatoiiHMit, ill their own lanRuoKo, any observations or ovidonoo which thoy may think
Buitubh*. Such declarations luiiHt bo duly nigued.

AUTICLK XXXII.

RpfliRtanco to tho diroctions of coininandom of crniaorR cborgcd with tbo polipo of
the llsiierioH, or of tlioso who not under tlieir orders, shall, without taking inti) ac-
count tiie nationality of tho cruiser, bo cousidered as rosistaucc to tho authority of
the nation of tho iishiug boat.

Articlk XXXIII.

Wlien tho act alleged is not of a serinuH character, but has novertlielesii cansod
damage to any lishurniun, tho commanders of cruisers shall be at liberty, should the
parties concerned agree to it, to arbitrate at sea between them, and to llx tho compen-
sation to be paid.

Where one of tho parties is not in a position to settle the matter at once, tho com-
manders shall cause the parties concerned to sign in duplicate a formal documeut
specifying the com]>enHution to be ])aid.

One copy of this document shall ronutin on board the cruiser, and tho other shall bo
handed to the master of the boat to which tho compensation is duo, in order that ho
may, if nocessary, )»e able to make use of it before the courts of the country to which
the debtor belongs.

Whore, on the contrary, tbo parties do not consent to arbitration, the commanders
shall act iu accordance with tho provisions of Ar£lclo XXX.

AnxiCLK XXXIV.

Tho prosecutions for offenses against, or contraventions of, tho present convon*
tioD shall be instituted by, or iu the name of, tho state.

Article XXXV.

The high contracting parties engage to propose to tteir respective legislatures tlio
jietchsary ineasuies for iusuring tne execution of the present convention, aud i)iirtic-
uiail.v lor the x>unishmont, by either lino or imprisonment, or by both, of persous who
may coutravono tho provisions of Articles VI to XXIII iuclusive.

AllTICtE XXXVI.

Ill all cases of assault committed, or of willful damage or loss inflicted, by fishermen
of one of the contracting countries upon fishermen of another nationality, tlie courts
of tho country to which tho boats of tho offeudera belong shall bo empowered to try
thtitn.

The same rule shall apply with rogaru to offenses against, and contraventions of,
the present convention.

AUTICLK XXXVII.

The proceedings and trial in cases of infraction of the provisions of the present
couventiou shall take place as summarily as the laws aud regulations in force will
permit.

Article XXXVIII.

The present convention shall be ratified,
the Hague as soou aa possible.

The ratifications shall be exchanged at

Article XXXIX.

Tho present convention shall bo brougli', into force from and after a day to be agreed
upon by the high contracting parties.

Tlio convention shall continue iu operation for five years from tho above d<iy ; and,
nnless one of tho high contracting parties shall, twelve mouths before the expiration
of tho said period of live years, give notice of intention to terminate its operation,
shall continue in force one year longer, and so on from year to year. If, however,
one of tho signatory powers should give notice to terminate the convention, the same
Bhall bo maiutaiued betweea tho other coutractiug parties, unless they (rive a similar
notice.

24

THE FISHERIUS QUESTION.

Additioxal Article.

Tht, Government of His Majesty tlie King of Sweden and Norway may adhere tn
the pri'seiit convention, for Sweden and for Norway, either jointly or separately.

Til i« adhesion shall be notified to the Netherlands Government and by it to the
other signatory powers.

In witness whereof the plenipotentiaries have dgned the present convention, and
hiivo alSxed thereto their seals.

Done at the Hague, in six copies, the Cth May, 1882.

;l. 3. I W. g 'J ART.

L. 8.
.L. 8.
L. 8.

t,.a.,

L. S.
L.S.
L.8.
L.8.

L. 8.

L. 8.

L.e.

C. M. Kkrnkdt.

C. Cecil Trevor.

v. schmidthals.

Chr. Donner.

B"" A. D'Anethan.

Leopold Orban.

C. Brdun.

C»«. Lef^bvrb db B^uainb.

Em. Mancel.

Rochussen.

£. N. Bahusfn.

\ [Tiauslation.l

In conformity with the agreement arrived at between their repectivo Grvernments,
the undersigned envoj's extraordinary anu ministers plenipotentiary of Her Majesty
tlio Queen of the United Kiugflom of Great Britain and Ireland, Empress of Imlia,
Ilis Majesty the German Emperor, King of Prussia, His Majesty tho King of the Bel-
gians, and the French Republic, met together this day at the otlico of the minister f(i •
foreign affairs at the Hague, in order to proceed with the undersigned minister for
foreij,n attairs of His Majesty the King of the Netherlands, to the examination and
deposit of the instruments of ratification of the conve.ition signed at tho Hague tlie
Cfh May, 1882, having for its object tho regulation of tho police of tho fisheries in the
North Sea, outside territorial waters.

The instruments of ratification having been produced, and the minister for foreign
aflairs of His Majesty the King of the Netherlands having produced the instrument
of ratification of His Majesty tdo King of Denmark, which the minister for foreif;u
affairs at Copenhagen had forwarued to him in a note dated the 11th June, V**^?., as
■well as the instrument of ratification signed by His Majesty the King of the Nether-
lands, and tho said instruments having been examined and found in good and due
form, the documents were delivered to the mini, ter for foreign attaiisof His Majesty
the King of the Netherlands, in order that they might remain deposited in the arch
ives of the department for foreign aifairs at the Hwgue, such deposit being in jjlace
of an exchange of the said instruments.

Tho undorsigued, envoys extraordinary and miuistersplcnipotentiary, duly author-
ized by their respective Governments, and the undersigned, minister for 'oroign
affairs of His Majesty the King of the Netherlands, eipially authorized by His Ma-
jesty the King of tho Netherlands, and by the Government of His Majesty the King
of Denmark, Iiave, moreover, mutually agreed that the couvention shall bo put into
operation two months after the date of the present protocol.

In witness whereof the respective plenipotentiaries have signed thu same, and have
aflixed thereto tho seal of their arms.

Done at the Hague, the loth day of March, in tho year of grace 1884, in six coi)ie3,
of which one shall be delivered to each of tho six Governments.

W. Stuakt,

vox Alvenslkren.

B"" A. D'Ane'iiian.

Van uek Doks ve Willebois.

Louis Legrand.

Vas per Does de Willeboi,^.

ri>.

8.

[f'

S.

u.

8.

L.

8.

L.

8.

.1"

S.

tTrandation.]

Tho nndersigned, envoys extraordinary and ministerfl plenipotentiary of His Maj-
esty tho Gorman Emperor, King of Prnxsia, His Majesty the King of tho Belgians, the
Fren-jh Kopublic, and Her Majesty the Quoon of tho United Kingdom of Great Britain
and Ireland, Emxness of India, and tho uudorsigued, miuister for foreign affairs of

THE PISHKKlES QfJESTlON.

25

iventioD, and

S B£UAINB.

ttls Mnjosty tlio Kin^ of the NotliorlandH, who is also authorized to rcprosont the
Govern iiKMit of tho King of Deiimurlv on this occasion, liaving met together at the
nttleo oi'tlie niiniHier Cor forcif^n jirt'airsat tho Ha;;ue <»ii 'Jio 15tli March, 18-1, fortlio
imrposo <it'(h'ii<»*itinj; the itiKtrinscnts of ratiiicafioii of tl>e convention sij^ncd at tlio
Ha"uo tl)<> »'l: Miiv, \>i&2. liavinjj ibr its object tlie n-jinlation of tlie jjolico of tha
lislurles in tlio Noiili Sea outside territorial wateis, ami in orderto Bi<j[n the protocol
'n'lalive to said ilP))<isition, the envoy of France stafed ihut, while lulherinK to tho
time ii'fi'ci'd npon for inittin;! tho convention into operation, the Government of the
KepultTic niaiiilained the reserve coutaiued iu article '24 ot the law. of t.'io 15th Jan-
uary, Ifidi, thus worded:

"The (arryiiifjiiito elTVct of the present law sliall be provisionally suspended np to
tlie time on which tho other signatory powers of the convention of the 6th May,
IS&i, shall have i)rou:ulgated tho I'oualties stipulated in Article XXXV o' the con-
vention."

Iho other undersigned have stated to him that thoy tako note of this dcclaratioo.

VON ALVi:NS'..KnEN.
* llAHOy D'ANKTilAN.

(For the (Jovernnient of Denmark.
Van dkk Dces de Willkbois.
Louis Licguanu.
VV. SxrAifi.
Van i)EU Does dk VVillebois.

ame, and have
in six copies,

No. 299.

Mr. Phelps io Mr. Bai/ard.

"So. 305.] Legation or tiu.: United States,

LonHou, December '6, 18S(>. (lloceived December 14.)

Siu : Rofcrrinjr to your several iiistriKitions on the subject of the
Caniuliiin lisln-i-ies, imiiii)i.'nMl, resiioctivcly, 4oL', 458, and 451), 4 have the
honor to iiil'oiiii yon thut on tho U'tii isoveniber I addressoil a note to
Lord Iddesl«'if<li, Her iMajcsty'.s secretary of state for foreijrn aftair.s,
iiM!losin.u' a ccpy of your iiustiiictions, No. 452, relative to the case of the
Marion OrintcK.

On the iJOth NovondxTl liad an interview with his lord&hip, in which
tho subject of tho iiisfnictioii above mentioned was discussed.

On the 2d Dccotnber 1 addressed to him another note in pursuance of
instruction No. 458, aslciny' that tlie solicitors for tho owners of the tish-
in;,' vessel David J. Adams mtiy bo furnished, lor use in the suit con-
cerning that vessel now i)endinj'' at Halifax, with copies of tho original
rejwrts mentioned in that instruction, showing the charges upon which
the seiztire was originally made.

I hav« this day received from Loid Iddesleigh a note, dated Novem-
ber 30, iu reply to mine addressed to him on the 11th of Sei)tember last,
on tho subject of tho same lisheries, a copy of which has heretofore been
iransinited to you.

And 1 have now sent a note to Lord Iddesleigh acknowledging the
receipt of ids communication, and saying that 1 should at an early date
submit to him some considerations in reply, and meanwhile inclosing to
him, in jmrsuanco of his request uia<leat the interview of November 30,
si'iopy of the *' Proposal for settlement" transudttod to uio 'u your No.
459, together with a copy of that instruction.

I ha'^e the honor to inclose herewith copies of my three notes above
referred to, dated November 27, December 2, and December 3, and of
Lord Iddesleigh's note of November 30.
i have, etc.,

E. J. Phelps.

If

26 tHE FISHERIES QUESTION.

[Inclosuro 1 in No. 393.]

Mr, Phelpa to Lord Iddesleigh.

Legation of thb United States

London, November 27, 1886.

My Lord : I liavo tlie honor to transmit herewith a copy of an instruction, under
date of November 6, 188G, received by me from tbe Secretary of State of tbe United
States, relative to the case of the United States fishing vessel the Marion Grimes.

ibe subject is so fully presented in this document, a copy of wh'ch I am autliorized
by the Secretary to place in the hands of youi lordship, that 1 can add nothing to
what is therein set forth, except to request your Inrdsliip's early attention to the case,
which appears to be a very flagrant violation of the rights secured to American fish-
ermen under the treaty of lolc).
I have, etc.,

E J. Phelps.

• I

[Xnclosare ^ in No. 393.) , ;■

; Mr. Phelps to Lord Iddesleigh.

Legation of the United R-'ates,

London, Decently 2, 1886.

My Loud: Referring to the conveifsation I had the honor to hold with yonr lord-
ship on the :?Oth November, relative to the request of my Government that tlieowners
of the David J. Adams may befurn'shed witha copy ofthe original reports, stating
the charges on which that vessel was seized by the Canadian authorities, I desire
now to )ilac6 bei'ore you in writing the grounds upon which this request is preferred.

It will be in the recollection of your lordship, from the previous correspondence
relative to tlie case of the Jdams, that the vessel was first taken possession of for the
alleged otleuse of having purchasheda small quantity of bait within the port of Digby,
in Nova iicotia, to be used in lawful fishing. That later on a further charge was made
against thd vessel of a violation of some custom-house regulation, which it is not
claimed, so far as I can learn, was ever before insisted on in a similar case. I think
I have made it clear in my note of the 2d of June last, addressed to Lord Rosebery,
then foreign secretary, that no act of the English or of the Canadian Parliament
existed at the time oi" this seizure which legally justified it on the ground of the pur-
chase of ba'*, even if such an act would have been authorized by the treaty of 1818.
And it is a natural and strong inference, as I have in that communication pointed out,
tliat the charge of violation of custom-house regulations was an afterthought, brought
forward in order to sustain proceedings commenced on a different charge and found
untenable.

In the suit that is now going on in the admiralty court at Halifax, for the purposa
of condemning the vessel, still further charges have been added. And tbe Govern-
ment of Canada seek to avail themselves of a clause in the act of the Canadian Parlia-
ment of May 22, 1868, which is in these words : " In case a dispute arises as to whether
any seizure has or has not been legally made or as to whether the person seizing was
or was not authorized to seize under this act • » • the burden of proving the
illegality of the seizure shall be on the owner or claimant.''

I can not quote this provision without saying that it is, in my judgment, In viola-
tion oftheprinciplesof natural justice, as well as ofthose of the common law. Thata
man should be charged by police or executive officers with the commission of an of-
fense and then be condemned upon trial unless he can prove himself to be innocent
is a proposition that is incompatible with the fundamental ideas upon which the ad-
ministration of justice proceeds. But it is sought in the present case to carry the
Eroposition much further, and to hold that the party Inculpated must not only prove
iinself innocent of the offense on which his vessel was seized, but also of all other
charges upon which it might have been seized that may be afterward brought for-
ward and set up at the trial.

Conceiving that if the clause I have quoted from the act of 1868 can have effect
(if allowed any effect at all) only upon the charge on which the vessel was origi-
nally seized, and that seizure for one offense can not bo regarded as prima facie evi-
dence of guilt of another, the counsel for the owners of tho vessel have applied to the
prosecntip.'; officers to be furnished with a copy of the ri ports made to the Govern-
ment of Canada in connection with the seizure of th«> vensel, either by Captain Scott,
the seizing officer, or by the collector of customs at Digby, in order that it might be
known to tho defendant and be shown on trial what the charges are on which the

tttE i^^ISHERIES QUESTION.

21

States.
xber 'i7, 1886.
ruction, uurtet
of tbe United
ion Grime*,
am autliorized
idd nothing to
lion to the case,
American iinb-

J. Phelps.

Fj-'ATES,
eml<sr 2, 1886.
with yonr lorrt-
bhat the owners
reportd, stating
Drities, I desiro
est is preferred,
correspondeiico
jsbiou of for the
e port of Digby,
liarge was made
which it is not
• case. I think
Lord Roseberj',
ian Parliament
und of the pur-
treaty of 1818.
ion pointed out,
lought, brought
arge and found

for the purposo
d the Govern-

rinadianParlia-
s as to whether

ion seizing was

of proving the

ment, in viola-
>ii law. That a
ission of an of-

to be innocent
1 which the ad-
se to carry the

not only prove
Iso of all other
rd brought for-

;an have effect
sael was origi-
prima facie ey\-
3 applied to the
to the Govern-
Captain Scott,
hat it might be
e on which the

seiznro was grounded, and which the defendant is required to disprove. This most
reasonable reqnest has been refused by the prosecuting offlccrs.

lliider those circumstances I am instructed by my Government to re(|ue8t of Her
Mfiji'sty's Government that the solicitors for the owners of the Darid J. Adams in the
suit pending in ll.alifax may be furnished, for tho purposes of the trial thereof, with
coniis of the reports above mentioned. And I l)eg to remind your lordshin that there
is no time to be lost in giving tho proper dtrectiou if it is to bo in season for the trial,
wbieli, its I iini informed, is being pressed.
I have, etc.,

E. J. FiiKLra.

[Inclorare 3 in Ko. 303.]
The Earl of Iddesleigh to Mr. Phelp$.

Foreign Office, November 30, 1886.

Sm: I have given my careful consideration to the contents of the note of the Uth
Seiitenilur last, which you were good enough to address to me in reply to mine of tho
Iwt of the same month, on the subject of the North American fisheries.

The (jnestion, as you ire aware, lias for some tune i)ast engaged the serious atten-
tion of Her Majesty's Government and the notes which have been addressed to yon
in relation to it. both by my predecessor and by myself, have amply evinced the
eiirucst desire of Her Majesty's Government to arrive at some equitable settlement of
tho controversy. It is, therefore, with feelings of disappointment that they do not
lind in your note under reply any iiidicatio.i of a wish on the part of your Govennnont
to enter upon negotiations based on the principle of mutual concessions, but rather
asHiIiiestion that some ad interim couMtrnction of the terms of tho existing treaty
slionld, if possible, be reached, which might for the present remove tho chance of dis-
putes; in fact, that Her Mnjesty's Government, in order to allay the differences which
liavo arisen, should temporarily abandon the exercise of the treaty rights which they
claim and which they con«eive to be indisputable. For Her Majesty's Government
an* unable to perceive any ambiguity in the terms of Article 1 of the convention of
1418, nor have they as yet been informed in what respects the construction placed
upon that instrument by the Government of the United States differs from ther own.
They would, therefore, be glad to learn in tho first place whether the Government of
the United States contest that by Article 1 of the convention United States fishermen
are prohibited from entering British North American bays or harbors on those parts
of tho coast referred to in the second part of tho article in question for any purposes
save those of shelter, repairing damages, purchasing wood, and obtaining leater.

Before proceeding to niaiie some observations upon tho other points dealt with in
yonr note, I have the honor to state that i do not ])ropose in tho present coinmunica-
tioii to refer to the cases of the schooners Thomas F. Bayard and Mascot, to which you
allude.

The privileges miniifestly secured to United States fishermen by the convention of
1818 in Newfoundland, Labrador, and the Magdalen Islands are not contested by Her
Mnjesty's Government, who, whilst determined to uphold the rights of Her Majesty's
North American lubjects, as defined in tho convention, are no less anxious and re-
solved ♦'» maintain in their fnll integrity the facilities for prosecuting the fishing in-
dustry on i,<^rtain 1 lited portions of tho coast which are expressly granted to citizens
of the United Sta <•». The communications on tho subject of these two schoinns,
which 1 have requested Her Majesty's minister at Washington to address to Mr. Bay-
ard, can not, I think, have failed to aft'ord to your Government satisfactory assurances
in this respect.

llevcrting now to your note under- reply, I beg to offer tho following observations
on its contents:

In tho first place, you take exception to my predecessor having declined to discuss
the case of the David J. Adatiis, on tho ground that it was still subjudiue, and you
state that your Government are unable to accodo to the proposition contained in my
note of tho 1st of September last, to the effect that "it i« clearly right, according to
praciico and precedent, that such diplomatic action should be suspended pending the
completion of tho judicial inquiry."

In regard to this point, it is to be remembered that thero are three questions calling
for investigation in the case of the David J. Adams:

(1) What were tno acts committed which led to the seizure of tho vessel t

(2) Was her seizure for such acts warranted by any existing laws f

I'.i) If so, iiro those laws in dengatiou of the treaty rights of tho United States t
It is evident that the first two questions must be the subject t>f inquiry before the
third can bo profitably discussed, and that thoso two questions can ouly be satisfoo-

28

THE FISHERIES QUESTION.

torily dispnsod of by a judicial inquiry. Far from claiuiins tliaf, tlio Unitcid States
Government would bo bound by tlio construction wliich Briti.sb tribiinalH uiijjbt iiliice
on tlie treaty, I stated in my note of the 1st Sopienibertbat if that decision Hhonld bo
adverse to the views of your Government it would iioc juecludo furtlier discunHJou
b( tween the two Goverumc;!t8 and the adjustment of the (juestiou by diplomatic ac-
tion.

I may further remark that the very proposition advanced in my note of the Ist of
September last, and to which exception is taken in your reply, lias ou a [trevioui^ oc-
casion been distinctly asserted by the Government of the United States under pre-
cisely similar circumstan scs, that is to say, in 1870, in relation to the seizure of Amer-
ican fishing vessels in Cau.idiau waters for alleged violation of the convention of
1818.

In a dispatch of the 29th of October, 1870, to Mr. W. A. Dart, United States consul-
general at Montreal (which is printed at page 431 of the volume for that year of the
Foreign Relations of the United States, and which formed part of the correspondence
referred to by Mr. Bayard in his note to Sir L. We ' of theiiOlh of Maj last), Mr. Fish
expressed himself as follows:

" It is the duty of the ow ners of the ressels to defend their interests before the courts
at their own expense, and without special assistance from the Government at this
stage of affairs. It is for those tribunals to construe the statutes under which they
act. If the construction they adopt shall appear to be iu contravention of our treat-
ies with Great Britain, or to be (w^hicu can not be anticipated) plainly erroneous in a
case admitting of no reasonable doubt, it will then become Hie duty of the Govern-
ment— a duty which it will not be slow to discharge — to avail itflf of all necessary
means for obtaining redress."

Her Majesty's Government, therefore, still adhere to their view that any diplomatic
discussion as to the legality of the seizure of the David J. Adams would be premature
until the case has been judicially decided.

It is further stated in your note that "the absence of any statute authorizing pro-
ceedings or providing a penalty against American fishing vessels for purchasing bait
or supplies in a Canadian port to be used in lawful fishing " affoids " the most satis-
factory evidence that up to the time of the present controversy no such construction
has been given to the treaty by the British or by the colonial parliament as is now
sought to be maintained."

Her Majesty's Government are quite nnable to accede to this view, and I must ex-
press my regret that no reply has yet been received from your Government to the
arguments on this and all the other points in controversy, which are contained in
the able and elaborate report (as you courteously describe it) of the Canadian min-
ister of marine and fisheries, of which my predecessor communicated to you a copy.

In that report reference is made to the argument of Mr. Bayard, drawn from the
fact that the proposal of the British negotiators of the convention of 1818, to the eflect
that American fishing vessels should carry no merchandise, was rejected by the Amer-
ican negotiators; and it is shown that the above proposal had no application to
American vessels resorting to the Canadian coasts, but only to those exercising the
right of inshore fishing and of landftjg for the drying and curiug of fish on parts of
the coasts of Newfoundland and Labrador.

The report, on the other baud, shows that the United States negotiators proposed
that the right of " procuring bait" should bo added to the enumeration of the four
objects for which the United States fishing vessels might be allowed toenter Canadian
waters; and that such proposal ^.'as rejected'by the British negotiators, thus showing
that there could be no doubt in the minds of either party at the time that the " pro-
curing of b.ait" was prohibited by the terms of the article. The report, moreover,
recalls the important fact that the United States Government admitted, in the case
submitted by them befpre the Halifax Commission in 1877, that neither the conven-
tion of 1818 nor the treaty of Wa8hin,';ton conferred any rijjht or i)rivilege of trading
on American fishermen; that the "various incidental and reciprocal advantages of
the treaty, such as the privileges of traffic, purchasing bait and other supplies, are not
the subject of compensation, because the tri^aty of Washington confers no such rights
on the inhabitants of tho United States, who now enJ9y them merely by sutlerauc"
and who can at any time be deprived of them."

This view was confirmed by the ruling of the commissioners. Whilst I have felt my-
self bound to place tho preceding observations before you in reply to tho arguments con-
tained in your note, I beg leave to say that Her Majesty's Government would williiigly
have left such points of technical detail and construe^.! ju for the consideration <if a
commission properly constituted to examine them, as well as ^o suggest a means for
either modifying their application or substitutiug for them some new arrangement »f
a mutually satisfactory nature.

I gather, however, from your note that, in the opinion of your Government, although
a revision of treaty stipulations on the basisof m itual concessions w.as desired by the
Uiutod States betbro the prcscut disputes arose, yet the preaeat time is iuopportiuie

THE FISHERIES QUESTI()N.

26

Unihid Stntrs
1h might ]iiiM'(i
sion shonld lie
lic.r diKcuisMion
Lliploiimtic uc-

0 of the Ist of
ii provioup oc-
tes under pro-
izuro of AriRT-
cou%'cution of

States consul-
lat year of the
orrespondciico
ast), Mr. Fish

(fore the courts
ament at this
ler which they
u of our treat-
erroneous in a
of tho Govern-
f all necessary

my diplomatic

1 he premature

ithorizing pro-
lurchasiug halt
tho most satis-
sh construction
incut as is now

and I must ex-
rnnvent to tlie

contained in

anadian luin-

to you a copy.

rawn from tlie

rt, to the eftect

by the Amer-
application to

xercising tho
sh on purts of

fttors proposed
of tho four
nter Canadian
tliua showinj;
hat tho " pro-
ort, moreover,
d, in the case

tho COIUMMl-

Bf::e of tradiiiji
advantages of
pplios, are not
lo such rights
by sullerauc'

have felt my-
guraontscou-
uld williiigly
idoration (it a
it a nteans for
raugoniont of

Rnt, although

"Jesircd by the

iaopportone

i

for various reasons, Among which yon mention the irritation created in tho United
Status liy t!io belief that t. o action of tho Canadian Government has had for its ob-
ject f" Coreo II now treaty on your Govornmeut.

Her Majesty's Government learn wiih much regret that such an impression should '
iirevail for every effort lian l>>ieii made by the Canadian Goverumout to promote a
liiciidlv negotiation and to obviate tho ditienmcos which have now arisen. Indeed,
it, 18 hardly necessary to remind you that, for six mouths following tho denunciatiovi
liy your Government of the lishery articles of tho t-eaty of Washington, the worth
American fisheries wore thrown open to citizens of the United States without any
Kiiiivalent, in the expectation that the American Government would show their wilU
iii'riiesH to treat, tho question in a similar spirit of amiiy and good will.

TlurMajesy'rt Government can not but express a hope that tho whole corrospond-
ciico may be laid immediately before Congress, as they believe that its perusal would
inOiienee public opinion in the United S' tes in favor of negotiatiuf;, before tho com-
iii(iict!mentof tho next fishing season, an arrangement based on mutual concessions,
and which would therefore (to use tho language of your note) "counist with tho dig-
iiitV, the int'rests, and tho friendly relations of the two countries."

lier Majesty's Government can iiot<!onceive that negotiations commenced with such
an object and in such a spirit could fail to bo successful; and they trust, therefore,
that your Govorniuent will endoavor to obtain from Congress, which is about to as-
semble, the neciessary powers to enable them to m^ike to Her Majesty's Government
sumc deiiuite (iioposals for the negotiation of a mutuiily advantageous arrangement.
I have, etc., ,

: 'v;;. Iddesleigii.

(Tnclusure 4 ia No. 3S3.]

Mr. Phelps to Lord Iddesleigh.

Legation of thb United States,

London, December 3, 1886.

My Lord: I have the honor to acknowledge tho receipt of yortrnote of tho 30th
Niivember, on tho subject of the Canadian fisheries, and to say that I shall atau early
(lay submit to yonr lordship some considerations in reply.

Meimwhilo, i have the honor to transmit, in pursuauca of the desire expressed by
your lordshii? in conversation on November 'M, a copy of an outline for a proposed
adinteriiii. iirrangement botw^vjii the two governments on this subject which has been
liKiiio.-seil by the Secretary of State of tho United States.*

And I likewi.se transmit, iu connoctiou with it, a copy of the instruction from the
8e(^retary of State which accompanied it,t and which I am authorized to submit to
your lordship.

I have, etc.,

£. J. Phklfs.

No. 300.

Mr. Bayard to Mr. Phelps.

No. 406.]

Department of State,

Washington, December 7, 1886.
Sir: I inclose herewith, for your information, a copy of my noto| of
the Lst instant to Sir Lionel West, Her Britannic Majesty's minister at
tliis capital, concernin^r the treatment by the Canadian authorities of
the American lishiug schooner Molly Adams, of Gloucester, Mass.

I am, etc.

T. F. Bayard.

• Printed atiti:, p. 4-i7.)
t Printi-d ante., \). 424.)
; Printed page 428, Fui-eign BelatloDH, 1886,

30

THE FISHERIES QUESTION.

No. 301.
Mr. Bayard to Mr. Phelps.

No. 470. J

Department op State,

Washington, December 8, 1886.

Sir: With reference to instruction No. 4G0, of tlio 7th iiiat.iiit, con-
cerning the case of the American fishing schooner Molly Adams, I
now transmit to you herewith, for your farther iiiformution, a copy of
the letter* of Mr. Solomon Jacobs, of tlio 12th ultimo, in which the
matter was brought to the attention of the Dex)artmeut.

I am, etc..

T. F. Bayard.

No. 302.

Mr. Bayard to Mr. Phelps.

No. 472.] Department op State,

Washitigton, December 8, 1886.

Sir: My attention has just been drawn to a notice published by the
British Government in London in relation to the exercise of fishing
rights in common with France.

It occurs to me that it may be pertinent to the consideration of the
questions discussed in the modus vivendi, in relation to the British North
American fisheries, lately forwarded to you by this Department.

The publication no doubt can readily be procured in London. It is
issued in pamphlet form.

I am, etc.,

T. F. Bayard.

rinclosuTe in Ko. 472.)
Further notice to British fiahermen rvith respect to the exclusive fishery limits of France.

Tho French Government have intimated to Her Majesty's Government that the re-
cent detention of English oyster tniacks which entered Havre to puss Snuday theio
in line weather, was effected by the maritime antbority at that port for an infraction
of Articles LXXXVandLXXXVI of the International Fishery Regulations of May 24,
lti4U, and that the minister of marine in Paris, on learning the circuiustances, directi^i
that the smacks should be immediately released, in consequence of the toieratiun
^bich has for along time existed iu the United Kingdom and France as regards not
enforcing the strict observance of these articles.

The French Government have given special instructions for preventing a recurrence
of like circumstances, without a prelimmary reference on the part of the authority at
tho port to the ministry of marine.

Tbe French Government have further intimitated that, in the event of their finding
that the maintenance of the existing toleration gives rise to inconvenience, notiio
will be given to Her Majesty's Government, so as to allow of tho latter issuing timely
warning to British fishermen. (The Board of Trade Journal, vol. 1, No. 4, p. 14G,
1886, London.)

JTriuted J»age8429, 430, Foreign Beiatioua, ItJdO,

THE FISHERIES QUESliON. 31

No. 303.

Mr. Bayard to Mr. Phelp»,

No. 474.] Department of State,

Washington, December 13, 1886.

Sir: Ou tlic 8th instant I received from the Britisu minister at this
(ipital a coininunication dated the 7th of this month, aceompanied by
ii copy of the uunutes of the honorable i)rivy council of Canada, in re-
liitioiito the action of Captain Quigley, of the Canadian cutter Terror,
ill lowerinff the flag of the United States fishing schooner Marion
(Hrlmcs whilst under detention by the customs authorities in Shelburue
Harbor, ou the llth of October last.

As this occurrence had been made the subject of an instruction to
you by me, ou the 0th ultimo, whereby you were requested to bring the
incident to the attention of Her Majesty's Government, I hasten to in-
form you of the voluntary action of the Canadian Government and of
their expression of regret for the action of the oflflcer referred to.

Tlie copy of the coi-respondence and proceedings of the Canadian
iuithorities discloses the dates of their action in the premises, of which,
however, my earliest information was on the 8th instant, in the note* of
Sir Lionel West, a copy of which is herewith sent to you.
I am, etc.,

T. F. Bayaed.

No. 304.

Mr. Plielpa to Mr. Bayard.

[No. 416.] Legation of the United States,

London, January 13, 1887. (Received January 24.)

Sir: Referring to your instructions numbered 458 of November 12,
md also to my dispatch numbered 393 of December 3, 1 have the honor
Ito inclose herewith the copy of a note which I have just received from
[the Earl of Iddesleigh in reply to mine of December 2 to his lordship,
liisking that the owners of the David J. Adams be furnished with copies
|of the original reports stating the charges on which that vessel was
seized by the Canadian authorities. A copy of the latter note formed
liiclosure to my dispatch No. 393 aforesaid.

You will observe that Her Majesty's Government have notseeu fit to
Interfere in the matter.
1 have, etc.,

E. J. Phelps.

llnclosure in No. 416.]

Lord Iddeslehjh to Mr. Phelpi.

' Foreign Office, January 11, 1887.

Sir : Her Majesty's Government have considered the reqnesi; conttiincd in your note

III tliu 2d ultimo, to tlie effect that the owners of the David J. Adams may be fur-

jiiahod with copies of tlie original reports stating tlie charges on which that vessel

I' IS seized by the Canadian authorities; and I nave now the honor to state to you

* Printed page 491, Foreign Belations, 1886.

82

THE FISHERIES QtTESTION.

that if the ownorsiof this vessel nre legiilly entitled to be flirnlHliod with those reporti
they can obtain tlioin by tlie process of tlio courts; and there Hcorim no ground lor j
the interference of Her Mtijesty's Govcrnnicut with this onlinnry coin-He of jnstice.

As regards the means of obtiiiiiiu;j information for the ]>nri)08('s of the dtfcnse, I
would jioint out that in the report of tlio Canadian niinistir of murine an<l tishery,
of which a copy ^ :is coinniunicattnl to you on theiJIid July last, it is stated that from
a date inimediat after the seizure " there was not tlie sliglitost ditlicnlty in tlio
United States couf,iil-general, and those interested in tlie vessel, obtaining tlie fullest
information," and that "aiiart from the geuenil knowledgo of tlio oHensis whicli it ,
was claimed the master liad coiiiiuitted, and which was ftirnished at the time of tlio
seizure, the most technical and precise dotaiis went readily ol)taiuable at the registry
of the court, and from the solicitors of the Crown."

With respect to the statement in your note that a claiiNO in the Canadiali act of I
May 22, lotiH, to the effect that, "In case a dis))ute arises as to whethiir any seizure
lias or 1ms not bean legally made, or as to whether the porsfui seizing was or was not j
uutliorized to seize under this act, tlie bunlen of proving the illegality of the seizure I
shall be on theowner or claimaut,'' isin violation of the jtrinciples of national Justice, I
as well us of those of the coiniiiou law, I have to observe that the statute referred tu |
is cap. 61 of 18()r^, which provides for the issue of licenses to fortign fishing vesselN,
and for the forfeiture of such vessels fishing without a license ; and t hat the provih-
ions of Article 10, to which you take exception, are commonly found in laws against I
smuggling, and are based on the rule of law that a man who pleads tliat ho holds ii
license or other similar document shall be put to the proof of his pleu and required to
produce the document.

1 beg leave to add that the provisions of that statute, so far as they relate to tie |
issue of licenses, boa been ia operation since the year 1870.
I have, etc.,

Iddesleiqu.

/

No. 520.]

No. 305.
Mr. Bayard to Mr. Phelps.

lExtract.]

Department of State,

Washington, January 27, 1887.

Sir: Your dispatch No. 416, of the 12th instant, transmitting a copy I
of the note, dated the 11th, received by you from the late Lord Iddes f
leigh, in response to your note of December 2, 1886, requesting copies]
of the papers in the case of the David J. Adams, has been received.

The concluding part of Lord Iddesloigh's note seems to demand ati
tention, inasmuch as the argument employed to justify the provisiojisofj
Article 10 of the Canadian Statutes, cap. 61 of 1808, which throw onl
the claimant the burden of proving the illegality of a seizure, appearsl
to rest upon the continued operation of Article 1 of that statute, rela-r
tive to the issue of licenses to foreign fishing vessels. The note in qnesi
tion stJites " that the provisions of that statute, so far as they relate!
to the issue of licenses, has [have?] been in operation since the year!
1870."

It appears from the correspondence exchanged in 1870 between thisl
Departntent and Her Majesty's minister in Washington (see the voir
ume of Foreign Relations, 1870, pp. 407-411) that on the 8th of Jamil
ary, 1870, an order in council of the Canadian Goverumenfr decreed!
" that the system of granting fishing license to foreign vessels underl
the act 31 Vic, cap. 01, be discontinued, and that henceforth all foreign|
fishermen be prevented from fishing in the waters of Canada."

During the continuance of the fishery articles of the treaty of Washl
ingtou Canadian fishing licenses were not required for fishermen of tlif j
(Tuited States, and since the termination of those articles, July 1^ ISSfiT

THE FISHERIES QUESTION.

this Department has not been advised of the resumption of tho licons-
iiijr system under tho statute aforesaid.

The faulty construction of the hist paragraph of Lord Iddesleigh's
note, SIS transmitted with your No. 410, suggests the possibility of a
clerical error in the preparation or transcsription of that note, and that
it may have been intended to state that tho licensing provisions of tho
statute, cap. 61, 1808, " have not been in operation since 1870," but in
that case it is not easy to apply tho argument advanced.

1 am, etc.)

T. F. Bayard.

IDDESLEIGU.

No. 306.

Mr. Pheljya to Mr. Bayard,

[Extract.]

No. 423.] Legation of the United States,

London, January 27, 1887. ( Ueceived February 7.)

Sir: I have the honor to transmit herewith a copy of a note ad-
dressed to me by Lord Iddesleigh, secretary of state for foreign affairs,
dated December 10, 1886.

Also a copy of a note addressed to me by Sir Julian Pauncefote,
acting secretary of foreign affairs during a vacancy in that office, dated
Jiimiary 14, 1887.

Also a copy of a note addressed by me to Lord Salisbury, secretary
of state for foreign affairs, dated January 26, 1887.

All on the subject of the Canadian fisheries.

I am to have an interview with Lord Salisbury by appointment to-
morrow in reference to the same subject.

I have, etc., E. J. Phelps.

[Inclosuro 1 in No. 423.]
Lwd Iddesleigh 1o Mr. Phelpa. ■

Foreign Office, Deceniber 16, 1886.

Sin: I have the honor to aclcnowledge the receipt of your note of the 27th ultimo
relative to the case of the Marion Grimes, stated to have beeu fined and detained at
Sliulburne, Nova Scotia, in October last.

As other cases besides that of the Marion Grimes are alhided to in tho documents
forwarded in your note, it will be desirable to take each cas* separately, and inform
you shortly of tho steps which Her Majesty's Government have taken in regard to
them.

In respect to the case of the Marion Grimes, I have already received, through Her

Majesty's secretary of state for the colonies, a copy of a dispatch from the Dominion

Government, in which they express their regret at the action taken by Captain

Quigley in hauling down the United States flag. I have transmitted a copy of this

I dispatch to Her Majesty's minister at Washington, with instructions to communicate

; it to Mr. Bayard, and I beg leave to now inclose a copy of it for your information.

Her Majesty's Government cannot doubt that, as respects the incident of the flag,
j the apology thus spontaneonsly tendered by the Canadian Government will be ac-
cepted by the United States Government in the friendly and conciliatory disposition
in which it is oft'ered, whilst as regards the other statements concerning Captain
Qiiigley's conduct. Her Majesty's Government do not at present feel rhemselves in a
[ position to express any opinion.

The Dominion Government have been requested to furnish a full report on the vari-
I ous circumstances alleged, and when this is received I shall hare the noaor to addresit
a further communication to you upon the subject.
S. Ex. 113 3

84

THE

FKSllKKIKS (iUKSTION.

As concorna tho caso of tho Julia Ellen and Shiloh, it will probably siidlco to
ooiiiiimiiiciito toyou thoincloHiMl copinH of reports tVoiii tlioCaiiadiiin (JoviM'tiiiii'iit rclu.
tive to thcHo two vdssi^Im. TlieHO rt'portH bavn already brou sent to Hit Majesty's
minister at Wasliinnton for coinnumicatioii to Mr. Bayiird.

Tlie protest uiado by tiie United States Government in tlio caso of tho Everett
Sirele was not received in this country until tho 1st ultimo ; and although tho
L'liniidian GoveriiUHsnt have been requested by telegraph to furnish a report upon tlm
<!ircnnistan(!esallef;(!d, Huliflcicnt time has not yet elajised to enable Her Majesty's Gov.
ernment to bo in possessiou of the facts as rej)ort<'d by the Dominion Governnien,';.

Her Majesty's Government j;r*>atly regret that incidents of tho description allud(Ml
to should occur, and tliey can otdy renew tho assnrancM) conveyed to jou in my note
of tlie ;M)th ultimo, that whilst lirmly resolved to n|)hold the undoubted treaty rif^lits
of Her Majesty's >forth American subjects in regard to tho ilsheries, they will alwi
er|n:iily maintain the undoubted rights of United States flshermou to obtain shtdter in
(Jaiiadi.in pcnts, under such restrictions as may bo necessary to prevent their abusiiig
the privileges reserved to them by treaty.

I noti(;otliat in Mr. Bayard's note to j'ou of tho fith ultimo, concerning the cas(\ (if !
the Marion (IrimrH, and also in his note to Sir L. West of the IDth October last, rtln-
tive to tho Cilso of tho Everett Steele, an old discussion is revived which Her Miijesty's
Government had hoped was (inally disposed of by the correspondence which took pliiiu
Oh tho subject in 181.'') and 181(!.

I alludo to the argument that a right to tho common enjoyment of tlie fisheries hy
Great IJritain and the United States, after tho separation of thelatt<!r from the motlii'r
country, was recognized by the treaty of 178'.?, although the exercise of that right wus
made subject to certain restrictions. I refer to this point merely to observe that tip'
views ot Her Majesty's Government in relation to it have not been nioditit'd in aii,v
way since the date of Lord Bathurst's note of the IWtU of October, 1815, to Mr. Joli'ii |
Quincy Adams.

I have, oto. ,

Iddeslkigh.

. _ ^ fTnclo8urp2inKo. 423.J

Sir J. I'aunce/ote to Mr. Plielpa.

. . FoREiGx Office, JiiMHary 14, 1887.

Sir : With reference to my predecessor's note of the IJOth of November last, I have
the honor to transmit toyou a copy of a report from tho Canadian minister of justin- 1
upon the seizure of thr. American fishing vessel DavidJ, Adams,

I have forwarded a copy of this report to Her Majesty's miuister at Washington for
communication to tho United States Government.
I have the honor, etc.,

, J. Pauncf.fote,

(For the Secretary of State.)

[Incloanre 3 in No. 423.1

V V ' Jiff. Phelps to the Ma7-quia of f^alishury.

«':'•■: Legation of the United States,

London, January "G, 1887.

My Lord: Various circumstances have rendered inconvenient an earlier reply I
to Lord Iddesleigh's note of November 12, on tho subject of the North American
fisheries, and the termination of the lishing season has po8ti)oned the more immediate
necessity of the discussion ; but it seems now very important that before the com-
mencement of another season a distinct understanding should be readied between
the United States Government and that of Her Majesty relative to the course to be |
pursued by the Canadian authorities towards American vessels.

It is not without surprise that I have read Lord Iddesleigh's remark, in the note I
above mentioned, referring to the treaty of 1818, that Her Majesty's Government
"have not as yet been informed in what respect the construction placed upon that[
instrument by the Government of the United States differs from their own."

Had his lordship perused more attentively my note to his predecessor in ofTice,
Lord Rosebery, under date of June 2, 1886, to wliich reference was made in my note I
to Loid Iddes'leigh of September 11, 188(i, I think he could not have failed to appre-|
hend distiuctly the construction of that treaty for which tho United States Govern-
ment contends and the reasons and arguments upon which it fs founded.

Tin: FIHIIKUIKS QUKSTION.

86

[ihly Hiifllco to

ivtM'miicnt ri'lii-

Ht-r Majesty's

of tlio Everett
[ altlioiiKh t)i(^
TOjiort iipo". till'
■ Miijosty's Gov-
CJovommen '.
sription alludcil
J (111 in my mtW
o<l treaty ii>;lits
, tlicy will uIhii
)l)tiiin Blieltcriii
it their abuHiiij!

ninK the caHo of |
•toiler last, rela-
li Ilcr Majesty's
yrhich took iiliicii

"the (islierieH liy
from the molliiT
it' tliat rijjht wiM i
iiliservo that lip'
iiKulified in any
815, to Mr. Joliii

Iddesleigii.

nitary 14, 1887.
iilier last, I have |
inister of justicn

Washinijtoa for

JNCEI'OTE,

tary of state.)

States,
uary 'JG, 1887.
n earlier reply I
Jjorth Ameriean
more immediate |
before the com-
eached between]
be course to Le

ark, in the note
y's Government
aced upon that |
r own."

cesser in office,
nade in my note]
failed to appre-
States Govern-
ed.

I have nnn\n resiiectfiiUy to refer yonr lordship to my note to Lord Iloschpry of
June ~, l^'U, for a very full and, 1 hope, clear exposition of the jrrouiHl taken by the
United States (jovurument uu thut point. It is uunecitssary to repeat it, tind I c:a
uiialile to add to it.

In reply to the observations in my note to f^ord Iddesl<(i>;h <if S(!pt(\mlier 11, 1880,
on liie p()int whether such discussion should be suspended in these eases until tho
result <if the judicial proci!(^din>;s in res|ieet to theiu sluitild lie made kiuiwn.a jiropo*
sition to whiih, as 1 stated in that note, tho United States (Jovernment is unablit to

, ,.,in, his lordshi]) cite ; in support of it some lanj^najje of Mr. Fish, when Secretary

(if State of the iniit(^d States, address(Ml to the United Stjites consul piMU'al ait
Montreal in May, IM7I). From the view tlnui expressed by Mr. Fish the Unit(!d States
(iitvernnient has n(Mlher (liK)iosil ion nor occasion to dissent, lint it can not regard it
as in any way applieabh^ to the present case.

It is liMut li(\voi'd (|nestion that when a jirivato vessel is seized for an alleged infrac-
tion of the laws of Un< country in which tht< seizure takes jdace, and the fact of tho
infraction, or the exact lei;al construction of the local statute claimed to b(( traits-
jrressiMl, is in dispute, and is in i»ro(!ess of d(?lerniination by tin? jiroper tribunal, tho
(iov(M-nnient t() which the vess(!i bcloufjs wiH not usually interfeie in advance of such
ditteiniination and before ac<|nirin;{ the intormatioi' on which it depends. And
especially when it is not yet informiid whether the eondnct of the ollicer making the
seizure will not be repudiated by ih() (Jovernnuint under which he acts, so Ihatintcr-
fircnce will be unnecessary. This is all, in etl'ect, that was said by Mr. Fish on that
occasion. In lan;;na};e immediately following that (jnoted by Lord Id(l(!slci;rh ho
remarks as follows (italics beinij; mine):

•''flic present emliarrassment is tliiit while wo liavo rrpor/» of several seizures upon
{jriMintls na Htalcd hfi llio iiilenntcd purlicH, which »cem to he in contraventi«n of interna-
tional law and spe(;ial treaties relating to the (isherles, these aUeged causes of seizure
are regarded as pretensions of ov(!r zealous oflicers of tht< Ih'itish navy and the colo-
ni.il vessels which will, as we hope and are bound in courtesy to expect, be repudi-
ated by the courts, before which our vessels are to be brought for udjndication.

Hut in the present case the facts constituting the alleged infraction by the vessel
sei/.i'd are not in dispute, except some circumstances of alh^ged aggravation not
niattrial to the validity of the seizure. Tho original ground of the seizure was tiio
purchase by the master of the vessel of a small (|uantity of bait from an inhabitant
of Nova Scotia, to ho used in lawful fishing. This purchase is not denied by tho
owners of the vessel, and the United S? tea Government insists, firnt, that such au
act is not in violation of the treaty of 181M, and second, that no tlum existing statute
in great Britain or Canada authorized any proceedings against the vessel for such an
act, even if it could be regarded as in violation of the terms of the treaty, and uo
8n(^li statute has been as yet produced.

In respect to the charge subsequently brought against the Adams, and upon which
many other vessels have been seized, that of a technical violation of the customs act,
in omitting to report at tho custom-house, though having no business at the port
(and in some instances where the vessel seized was not within several miles of the
lauding), the United Stat(!8 Government claim, while not admitting that the omission
to report was even a technical transgression of the act, that even if it wore, no harm
having been done or intended, the proceedings agaiustthe vessels for an inadvertence
(if that sort were in a high degree harsh, unreasonable, and unfriendly, especially as
for many years no such etl'ect has been given to the act in respect to tho tishing
vessels, and no previous notice of a change in its construction has been promulgated.

It seems apparent, therefore, that the cases in ciuestion, as they are to be consid-
ered between the two Governments, present no ))ointsui)on which the decision of the
courts of Nova Scotia need be awaited or would bo material.

Nor is it any longer open to the United States Government to anticipate that tho
•acts complained of will (as said by Mr. Fish in the dispatch above quoted) be repu-
diated as the '* pretensions of over-zealous otTicers of the * * • colonial vessels,"
because they have been so many times repeated as to constitnto a regular system of
procedure, have been directed and approved by the Canadian Government, and have
been in no wi.se disajiproved or restrained by Her Majesty's Government, though re-
peatedly and earnestly protested against on the part of the United States.

It is therefore to Her Majesty's Government alone that the United States Govern.
ment can look for consideration and redre.ss. It can not consent to become, directly
or indirectly, a party to the proceedings complained of, nor to await their termina-
tion before the questions involved between the two Governments shall be dealt with.
Those questions appear to the United States Govornmeut to stand upon higher
(jroKuds, and to be determined, in large part, at leasv, upon very ditferent considera-
tions from those upon which the courts of Nova Scotia must proceed in tho pending
litigation.

Lord Iddesleigh, in the note above referred to, proceeds to express regret that no
reply has yet been received from the United States Government to the arguments on

»©w

Tin: KlvSIIKKlEH QIIKSTION.

r

1

m

WJ

all tlio poIntH in controvony cnntainod in tho report of tliH Canailian uiliiiHtor of
uiiiriiKt ami lUlicriuM, of whicli Lord KoHobery lin<l HiMit iiiu » (:oi)y.

■ iiastiiiK'.li tiH Lord IddeHloi}{li and IiIh ]inutfetiHHor, Lord Uomdn'ry, liuvo duuliiii'il
alto<{(t(licr, on tlio part of Hor MMJt^Htv'H Govuniiiioiit, to diHciiHH tli<>H<i (piDHtioiiH until
tlio caHCH iti \vlii(di tlx^y arino Hliail jiuvo Li^uii Judicially dcridi-d, and uh tlio vtuy
claliorato ar^^niiituitM on tlio Hnl»jt'(^t proviouMly Huliiuittt'd by the United Htatos (ioy.
ernriiiMit, roniain, tlioicforo without n^jly, it Ih not easy tp pcrceivo why t'ui tlicr <liN-
ouhmIou of it on tlio ]iart of tliu United 8tutOH tibould no oxptu^tod. Ho hooii u.h llcr
Majimty'M Governinent ooiiHinittoonter upon tlio coiiHidoration of tliupoiiitH Involved,
any Hnn;;estionH i^ :iia.v advance will receive iinniodiiite and reNpo(!tful attention on
the part, of the Jiiited Htaten. Till thou further argument on that Hide would hcciii
to be neither conhintent nor proper.

Ktill leHs can the United Htutes Oovornnient consent to be dnnvn, at any time, iiifii
A diNciiHHion of the Hiibjeet with the colonial (loverunient of Canada. The treuty in
qiieHtion, and all the international ndatiouH ariHin^ out of it, ttxiut only between tlic
•Governnient.s of the ^Inited StatCM and of Great Ibitain, and between tluwe Govern-
ineiitHoiily <^aii tluty be dealt with. If, in entctrin;; upon that coiihideration of the
subject wliieb the United HtatcH have iiiHisted upon, tiie argiiiiientH contained in the
report of the Caiiatliaii niiniMter Bhoiild be advanced by Her Mojenty'a Governmenl,
'I do not conct;ive that they will be fornd dittlcultto auHwer.

Two siij^^jcHtions contained in that report are, however, specially noticed by Lord
IddcHlei^li, as being "in re^ily " to the argiinuMits contained in my note. In quotin);
the substance of the contentions of the Canadian minister on the particular poiiiiH
referreikto, I do not niuleistand liis lordship to depart from the conclusion of Ihi
Majesty's (Joverunient be had jtrovioiuly announced, declining to enter upon the dis-
cussion of the cases ill which the (luestions arise. Ho presents the observations (if
the report only as those of the Canadian minister made in the aigumeut of points
U[)on which Her Majesty's Government decline at present to enter.

I do not, therefore, feel callid ni)()n to make any answerto those suggestions ; and
more especially as iti seems obvious that the suliject can not usefully be discussed
uptm one or two suggestions apjiertaining to it, and considered by themselves aloiic.
Wliihj those mentioned by Loril Iddesloigh have undoubtedly their place in the gen-
eral argunii'iit, it will be seen that they leave quite untouched most of the propositions
and reasoning set forth in my note to Lord Kosebery above mentioned. It appeurn
to me that the (inestion can not be satisfactorily treated anide from the cases in
which they arise, and that when discussed the whole subject must bo gone into iu
its entirety.

The United States Government is not able to concur in the favorable view taktMi
by Lord Iddesleigh of the etibrtsof the Canadian Government " tojtroniote a frieutlly
negotiation." That the conduct of ihat Government I is been directed to obtaininj;
arevision of the existing treaty is not to be doubted; Lutitsetforts have been of such
a character as to precliido the prospect of a successful negotiation so long as they con-
tinue, and seriously to endanger the friendly relations between the United States and
Great Britain.

Aside from the question as to the right of American vessels to purchase bait iu
Canadian ports, such a construction has been given to the treaty between the LTnited
States and Great Britain as amounts virtually to a declaration of almost coroplrfte
non-intercourse with American vessels. The usual comity between friendly nations
has been refused in their case, and in one instance, at least, the ordinary offices of
humanity. Tlie treaty of friendship and amity which, in return for very important
concessions by the tJuitod States to Great Britain, reserved to the Ame 'ican vessels |
certain specilied i -i 'ileges has been construed to exclude them from all other inter-
course c'vr. lon to ■■[' ilized life and to universal maritime nuago among nations not I
a*^ w^ar, as well s loin the right to touch and trade accorded to all other vessels.

And quite aside iiomany question arising upon construction of the treaty, the pro-
visions of the custom-house acts and regulations have been systematically enforeod I
against American shijis for alleged petty and technical violations of legal require-
ments iu a manner so unreasonable, unfriendly, and unjust as to render the i)rivilege3
accorded by the treaty practically nugatory.

It is not for a moment contended by the United States Government that American
vessels should be exempt from those reasonable port and cnstom-house rogulatious I
which are iu force in countries which such vessels have occasion to visit. If they [
choose to violate such requirements, their Government will not attempt to screen
them from the Just legal coii8e()uences. I

But what Ihe United States Government complain of in these cases Js that existing I
regulations have been constrned with a technical strictness, and enforced with a se-l
verity, in cases of inadvertent and accidental violation where no harm was done, [
■which is both unusual and unnecessary, whereby the voyages of vessels have been
broken up and heavy penalties incurred. That the liberal and reasonable construc-
tion of theso laws that had prevailed for many years, and to which the fishermen Lad

THE FISHERIES QUESTION.

37

tu uiiu'iHtor of

liiivo tlucIiiK'il
|ii('Htioiiit until
(I UH Mio vmy
(1 Stiitos Oov-
liy fiiithiT tliH-
i{) Hooii liH lltr
niiitH Involved,

ll utttMttiol) Dll

lie would sei'iii

any time, into
Tiio trciLty in
ly botwojju till!
I tlioHO Govern-
Icration of tlu'
Dutiviiiud in tln'
'a Government,

oticctl by lord
to. In quoting'
irticnlur iioiiitH
iiclnsion o( lUr
LT upon the (Uk-
observationH nf
iinicut of points

ijrgcstions ; anil
lly bo (liseUBsiil
iciuHelvoH alone,
tlacoin tho rlu-
tbo propositiouN
10(1. It appears
ini tho cases in
bo gouo into iu

bio view taken
mote a frieutllj
toil to obtainin;;
avo been of such 1
Ong aH thoy con-
Initetl States auJ

purchase bait iu
(veen the United
Almost coropl<!tc
friendly nations
Winary oflices of

very important
Lme ican vessels ]

all other inter-
i)ng nations not I
fthor vessels.

treaty, the pro-
itically enforeed
j)f legal require- 1
ler the privileges

It that American
>use r3gulatiou8|
I visit. If they
jterapt to screeul

is that existiuR
toroed with a se-
liarm was done,
fsselsbave been
inable construe-
le fisliermeu had

beconw accustomed, was changed without any notice given. And that o very oppor-
tunity i>t" unneceHMary interlerenee with tho Anierieun fishing vesh.ls, to tho preju-
(lieo iinl ilestriiction of their biisiuesH, has been availed ol. Wlutiier in any of
I tlieHU cuHen, V- technical violation of some requirement of law had, upon <'1ono and se-
Jvere construction, taken place, it is not easy to detormiiic. l!ut if siieli ruleM wcro
Igeiieriilly eiilbrcecl in Hticha manner jn tho ports of the world, no vesHei could sail
I iij safety without carrying a 8(dicitor versed in the intricacies of nsvenne and port
regulations.

It is uiinooossary to specify tho varioi:* oases referred to, as tho facts iu many of
theiu have been already lai(f before Her Majesty's Oovornmeut.

Since thereoeipt of Lord Iddesleigh'snoto the United States Govornnient has learned
with grave regret that Ilor Majesty's assent has been given to tho net of the I'iuiiu-
I iiieiit of Canada, passed at its late session, eutiMed "An ai;t further to aiinnd the act
Irt'speeting llshing by foreign vessels," which has been tho subjoct of observation in
1 the previous correspondence jH tho subject botwoen tho Governments of th(! United
I states mid of Great liritaiu.

lly the itrovisiouK of this act any foreign ship, vessel, or boat (whether engaged in
lisliing or not) found within any harbor in Canada, or within '.i inarino miles of " iuiy
[of tho coasts, bays, or creeks of Canada," may Do brought into port by any of tho
lotllcers or persons mentioned in the act, hor cargo searched, and her iiiustor examined
{upon oath touching tho cargo and voyage nnd()r a heavy penalty if tho quoHtions
jn.sKed are not truly answered; ond if such ship has entered such waters "/"or (ivy
||)Hi7)0«« not permitted by treaiy or convention or by law of tho United Ivingilom or
■of Canaila, for tho time being in force, siici. ship, vessel, or Ixiat ainl the taelde, rig-
Igiug, apparel, furniture, stores, and cargo thereof shall bo forfoited."
I It has been pointed out in my note to Lord Iddesleigh, above mentioned, that tho
Is-inilo limit referred to in this act is claimed by the Canadian (ioverniuent to include
Icoiisiderable portions of tiio high seas, such as tho Bay of Fundy, the IJay of Clia-
lleiir, and similar waters, by drawing tho lino from headland to headland, and that
lAinerican tishormon had been excluded from those waters accordingly.

It lias been aeon also that the term "any purpose not permitted by treaty " is held
Ihy that Government to comprehend every possible act of human iutorcourse, except
lonly the four purposes named in tho tre.kty — shelter, repairs, wood, and water.
I ifiuler tho provisions of tho recent act, therefore, and tho Canadian interpretation
lof the treaty, any American fishing vessel that may venture into a Canadian harbor,
lor niiiv have occasion to pass through tho very extensive waters thus comprehended,
[iii.'vy bo seized at the discretion of any one of numerous subordinate otHcers, carried
[into port, subjected to search and the examination of hor master upon oath, her voy-
lago broken up, and tho vessel and cargo confiscated, if it shall bo determined by the
llooal authorities that she has ever even posted or received a letter or landed a pas-
iK'nger in any part of Her Majesty's dominions iu America.

I And it is jmblicly announced in Canada that a larger fleet of cruisory is being pre-
Iparcd by tho authorities, and that greater vigilance will bo exerted oh their part in
the next fishing season than in tho last.

It is in the act to which tho one above referred to is an amendment that is fo ind

Ithe provision to which I drew attention iu a note to Lord Iddesloij'h of Docembe; 2,

|l886, by which it is enacted that in case a dispute arises as to whether any seizure

\haa or has not been legally made, the burden of proving tho illegality of tho seizure

shall bo upon the owner or claimant.

In his reply to that note of January 11, 1887, his lordship intimates that this pro-
vision is intended only to impose upon a person claiming a license tho burden of
proving it. But a reference to the act shows that such is by no means tho restriction
of the enactment. It refers iu the broadest and clearest tonus to any seizure that is
Jinauo under tho provisions of tho act, which covers tho whole subject of protoetioa
jogainst illegal fishing; md it applies not only to tho proof of a license to fish, but to
all (piestions of fact whatever, necessary to a determination as to the lo^tality of a
peiziue or the authority of tho person making it.

It is quite unnecessary to point out what grave embarrassments may ariso in the
iclatious between the United States and Great Britain under such admini.stration as
lis reasonably to be expected of the extraordinary provisions of this act and its amond-
|uicnt, upon which it is not important at this time further to coiniuent.

It will be for Her Majesty's Government to doterniino how far its sanctioa and sup-
port will be given to further proceedings, such as the United .States Government have
blow repeatedly complained of and have just ground to apprehend i>ia,> be coutiuued
|l)y the Canadian authorities.

It was with tho earnest desire of obviatinjj the impending difficulty, and of pro-
heiiting collisions and dispute until such time as aperiiianont unlerstamling between
Hlietwo Governments could bo reached, that I suggested, on the part of tho United
States, in my note to Lord Iddesleigh of September 11, 1680, that an ad interim eoii-
pttuction of the terms of the treaty might be agreed on, to be carried out by iustruo- .

38

li

1;

THE FISHERIES QUESTION.

tions to bo given on both sides without prej'idico to theultirnateclaitnsof either, and
terminablo at the pleasure of either. In au iiiKiiviow I bad the lionor to have with
his lordsliip, in vliich this sujjgestion was discussed, I derived tlie impression thiit
ho regarded it vith favor. Au outiiue of sucli an inraugi'iiient was therefore sub-
sequeutly prepared by the United States Gove:unieu% which, at the request of Lord
Iddesleigh, was submitted to him.

But I observe, with some surprise, that in his note of November 30, last, his lord-
ship refers to tliat proposal made in my note of 11th September, as a nropositiou that
Her Majesty's Government "should temporarily abandon the exercise of the treaty
rights wiiicli they claim and which they conceive to bo indisputable."

In view of the very grave questions that exist as to the extent of those rjghts, in
respect to which tiie views of the United States Government differ so widely from
those insisted upon by Her Majesty's Government, it does not seem to me an uurea-
sonablo proposal that the two Governments, by a temporary and nnitual concession,
witliout prejudice, should endeavor to reach some middle ground of ad intcrivi cou-
Btruction, by which existing friendly relations might be preserved, until some perma-
nent treaty arrangements could bo made.

The reasons why a revision of the treaty of 1818 can not now, in the opinion of tlie
United States Government, be hopefully undertaken, and which are set forth in my
note to Lord Iddesleigh of September 11, have increased in force since that note was
written.

I again respectfully commend the proposal above mentioned to the consideration of
Her Majesty's Governmeut.
I have, etc.,

£. J. Pjoelps.

JlO. 307.
Mr. Bayard to Mr. Phelps

No. 527.]

Department of State,

Washington, February 1, 1887.

Sir : i transmit to you herewith, for the use of your legation, copies
of Senate Executive Document No. 55, Forty-ninth Congress, second
session, which contains a revised hstof vessels involved in the contro-
versy with tlie CanaiUan authorities.
I am, etc.,

T. F. Bayard.

m

f ■'■■

■' [Inclosnre in No. 527.1

[Senftte Ex. Doc. No. 55, Forty-ninth Congress, second aoaaion. I

Letter from tlie Secretary of State, transmitting revised lists of vessels involrcd in the contro-
versy with the Canadian authoritien.

Janvaky 27, 1887.— Ordorod to be printed, and also to be bound witli Senate Report No. 1G83.

Drpahtmrnt of State,

Washington, January 5i(5, 1887.

Sin: Responding to your request, dated the 17th and received at this r»-,partiiiiMr
on the Ibth instant, on behalf of the Coniuiittee on Foreign Relations, for a revisioil
of the list, heretofore furnished by this Department to tlie committee, of all Americui
vessels seized, warned, flned, or detained by the Canadian authorities during the |
year 1886, I now inclose the same

Every such instafice is therein chro'jologically ouuuierated, with a stateaieui of tin j
jC^eueral faots attendant.

. Very respectfully, yours,

T. P. Bayaro.

Hon. GuoaaE F. Edmunds,

UnVed Stales Senate.

THE FISHERIES QUESTION.

39

considoratiouof

E. J. Phelps.

iu the oontro-

F. BAYARD.

Ircd in the confro-

Report No. 1C83.

stateajcuii of tlit

r. F, Bayakd.

List of American vcsacla seised, detained, or warned off from Canadian porta d ■ ing the last

year.

Sarah B. rntiiam. — IJovorly, Mass. ; Cujvilcs Randolph, master. Driven from har-
bor of Fiilinico in storin March 'Zi, 18S6.

Josci^h Story. — Gloucester, Mass. Dotainod by customs officers at Baddeck, Nova
Scotia, in April, 188(1, for alleged violation of the customs laws. Released after twenty-
ioiir lioiirs' detention.

Sdh Siockbridge. — Gloucester, Mass.; Antono Olson, master. Warned off from St.
Aiidiews, New Brunswick, about April 30, 188(),

Annie M. Jordan. — Gloucester, Mass. ; Alexander Haiuo, masto- Warned off at
St. Andrews, Now Brunswick, about May 4, 18St>.

David J. Adams. — Gloucester, Mass. ; Ablen Kinney, m yster. Seized at Dii:;by, Nova
Scotia, May 7, l88t», for allegod violation of treaty of 1818, act of iVJ George III a'.itl act
of H8:l. Two suits brought in vice-admiralty court at Halifax for penaUies. Protest
filed May Vi. Suits pending still, and ve'jsel not yet released apparently.

Sunie Coopn'\ — (Hooper?) GloucostP.r(0. Mass. Boarded an(l searched, and crew
nidely ireated by Canadian officials in Canso Bay, Nova Scotia, May, 1886.

EUa M. Doughty. — Portlan.., Mo. ; Warren A. Doughty, master. Seized at St. Ann's,
Cape Breton, May 17, 188G, for alleged vio'ation of the cistoms laws. Suit was in-
stituted in vice-admiralty court at Halifax, Nova Scotia, but was subseiiuently
aliamloned, and vessel was released .Juno 21', 1886.

Jennie and Julia. — Eastport, M(!. ; W. H. Travis, master. Warned off at Digby,
Nova Scotia, by customs offietirs. May 18, 1886. .

Lucy Ann. — Gloucester, Mass, ; Joseph H. Smith, master. Warned oiT at Yarmouth,
Nova Sci/tia, May at), 1886.

Matthew Kcany. — Gloucester, Mass. Detained at Souris. Prince Edward Island,
one (liiy for alleged violation of customs laws, about May :U, 1886.

Jamia A. Garfield. — Gloucester, Mass. Threatened, about .Juno 1, 18S3, with seiz-
ure for having purchased bait in p Canadian harbor.

Martha W, Bradley. — Gloucester, Mass. ; J. F. Ventior, master. Warned off at Canso,
Nova Scotia, between Juno 1 and 8, 1886.

Eliza Boynton. — Gloucester, Mass. ; George E, Martin, master. Warned off at
Canso, Nova Scotia, between Juno 1 and 0, l-'86. Then afterwards detained in man-
ner not reported, and released October "25, 18'S6.

J/fls«j<.— Gloucester, Mass. ; Alexander McEachern, master. Warned off at Pert
Amherst, Magdalen Islands, June 10, 1886.

Thomas F, Bayard. — Gloucester, Mass. ; James McDonald, master. Warned off at
Bonne Bay, Newfoundland, Juno 12, 1886.

James G. Craig. — Portland, Mo. ; Webber, master. Crew refused privilege of land-
ing for necessaries at Brooklyn, Nova Scotia, .June l."> or 16, 1886.

City Point. — Portland, Me. ; Keene, master. Detained at Shelbnrne, Nova Scotia,
July 2, 1886, for alleged viohition of" customs laws. Penalty of $400 demanded. Money
deposited, nnderprotest, July 12, and in addition §120 costs deposited July 14, Fine
and costs refinu^'^d .July 21, and vessel released Augu,<t 26. Harbor dues exacted
August 26, notwithstanding vesstd h.ad been refused all the jnivileges of entry.

C. I'. Harrington. — Portland, Me. ; Frelliek, master. Detained at Shelbnrne, Nova
Scotia, July '.i, 1886, for alleged violation of customs laws ; lined S400 July ."> ; lijie de-
posited, under p-otest, July 12; $120 costs deposited July 14; refuuled July 21, and
vessel released.

Jlercward. — Gloucester, Mass. ; McDonald, master. Detained two days at Canso,
Xova Scotia, about July 3, 1886, for shipping seamen contrary to port laws.

(r. jr. Cu»hbhj. — Portland, Mo. ; Jewott, master. Detained July (by another report
.Jinie) 3, 1886, at Slielburne, Nova Scotia, for aih^ged violation of the customs laws;
lined.'*, JOG; money deposited with collector at Halifax about July 12 or 14, and $120
for costs deposited 14th ; costs refiunied .July 21, and vessel released.

(iohlen Hind. — Gloucester, Mass. ; Reul)en Cameron, master. Warned off at Bay of
Cii.ileurs, Nova Scotia, on or about .July 23, 188!j.

yorclty, — Portland, Me. ; H. A. Joyce, master. Warned off at Pictou. Nova Scotia,
June 2!', 1886, where ve.ssei ;iad eutorod for coal and water; also refused entrance at
Anilu'rst, Nova Scotia, July 24.

A^ ./. Miller. — Booth Bay, Me. ; D'ckson, master. Detained at Hopewell Cape, New
r.niiiswick, for alleged violation of customs laws, on .July 24, 18S(). Fined $400.

Rattler. — Gloucester, Mass. ; A. F. Cunningham, master. Warned off at Can.so,
Nova Sc«itia, .June, 1886. Detained in port of Shelbnrne, Nova Scotia, where vesstd
iiiti'nid seeking shelter August 3, 1886. Kept under guard all night and released oa
th(( 4tli.

Caroline Fought — Booth Bay, Me. ; Ch.irlos S. Reed, master. Warned off at Ros-
pebiac, New Brunswick, and refused water, August 4,- 1886.

4.0

THE FISHERIES QUESTlOl^.

m

/SftiZoA.— Qlouoeater, Mass.; Charles Novit, master. Boarded at Lirerpool, Nova
Scotia, Anj^ust 9, aud subjected to rude surveillatico.

Julia J'Jllcn. — Booth Bay, Mo. ; Barnes, mastur. Boarded at Liverpool, Nova Scotia,
August 9, 1H86, and subjected to rude surveillance.

Freddie W, ^JUo».— Proviuoetown, Mass.; Alton, master. Boarded at Liverpool,
Nova Scoti.i, August 9, 1886, and subjected to rndo siirveillancD.

Howard Holhrook. — Glomester, Mass. Detained at Hawkosbury, Oape Breton ,
August 17, ISili, for alleged violation of the customs laws, lioleased August 20 on
deposit of $400. Question of remission of line still pending.

A. B. Crittenden. — Gloucester, Mass.; Bain, master. Detained at Hawkesbury,
Nova Scotia, August 27, 188i), for alleged violation of customs laws. Four hundred
dollars pentvlty deposited August 28 without protest, and vessel raleased. Three
hundred and Keventy-five dollars remitted, and a nominal line of $2^) imposed.

Mollie Adams. — Gloucester, Mass. ; Solomon Jacobs, master. Warned off into storm
from Straits of Canso, Nova Scotia, August .31, 1886.

Highland Light. — Welllleot, Mass.; .1. H. Ryder, master Seize! olF East Point,
Prince Edwarll Island, September 1, 1886, while fishing within prohibited line. Stilt
for forfeiture begun in vice-admiralty court at Charloitetown. Hearing set for Sep-
tember 20, but postponed to September 30. Master admitted the charge and con-
fessed judgment. Vessel condemned and sold December 14. Purchased by Canadian
Govern mint.

l^earl Nelson, — Provincctown, Mass. ; Kemp, mastc. Detained at Arichat, Cape
Breton, September 8, 1886, for alleged violation of customs laws. Released Septem-
ber 9, on deposit of ^'200. Deposit refunded October 26, 1886.

Pioneer. — Gloucester, Mass. ; F. F. Cruched, masto". Warned oft' at Canso, Nova
tcotia, September 9, 1886.

Everett Steel. — Gloucester, Mass. ; Charles H. Forbes, master. Detained at Shel-
burne. Nova Scotia, September 10, 1886, for alleged violation of customs laws. Ru-
le ased by ordor from Ottawa, September 11, 1886.

iforo Crt8<fe— Gloucester, M.ass. ; Edwin M. Joyce, master. Dotaiiu d u -wkes-
bury, Nova Scotia, September 11, 1886, on charge of having smujv 'u . uus into
Chestei, Nova Scotia, in 1884, and also of violating customs laws. A deposit of $1,000
demtndea. Vessel discharged November 29, 1886, on payment, by agreement, of
$1,000 to Canadian Government.

fVilUam D. Daisley, — Gloucester, Mass. ; J. E. Gorman master. Detained at Souris,
Prince Edward Island, October 4, 1886, for alleged violation of customs law. Fined
$400, and released on p.ayment ; (J375 of the fine remitted.

Laura Sayward. — Gloucester, Mass. ; Medeo Rose, master. Refused privilege of land-
ing to buy provisions at Shelburne, Nova Scotia, October 5, 11286.

Margin Orimea, — Gloucester, Mass. Detained at Shelburne, Nova Scotia, October 0,
for violation of port laws in failing to report at custom-house on on'ering. Fined
$400. Money p .id under protest and vessel released. Fine remitted December 4,
1886.

Jennie Seavcma. — Gloucester, Mass. ; Joseph Tuppor, master. Refused privilege of
landing, and vessel jilaced under guard at Liverpool, Nova Scotia, October 20, 1886.

Flying Soud. — Gloucester, Mas', Detained for alleged violation of customs laws at
Halifax, November 1, or about that tim j. Released November 16, 1886.

Saral^ U, Prior. — Boston, Mass. Refused the restoration of a lost seine, which was
found by a Canadian schooner, December, 1886.

Boat (name unknown). — Stephen R. Balcom, master ; Eastport, Me. Warned off '
St. Andrews, New Brunswick, July 9, 1886, with others.

Two small boats (unuamed). — Charles Smith, Pembroke, Mo., mast.T. Seized
East Quaddy. New Brunswick, September 1, 1880, for alleged violation of custi.m»
law.s.

Druid (foreign built). — Gloucester, Mass. Seized, warned off, or molested other-
wise at some time prior to September (5, 1886.

Atibey A. Snow. — Injury to this vessel has not been reported to the Department of
State.

Eliza A. Thomas. — Injury to this vessel has not been reported to the Department of
State.

Wide-Awake. — Eastport, Mo. ; William Foley, master. Fined at L'Etaiig, New
Brunswick, $75 for taking away iisli without getting a clearance ; again November
13, 1"'86, at St. George, Ntnv Brunswi k, fined $20 for similar offense. In both cumn
ho was x>i^ucoediug to obtain cluaraucos.

THE FlSHEUIES QUESTION.

41

No. 308.

.t Canso, Nova

Mr. Bayard to Mr. Phelps.

Ifo. .'528. j Department op Stat^,

W(i8hin()ton, February 1. 1837.

Sib : I receivetl on the 29th ultimo a replj* from the British minister
at tliis capital to my notes to him on the 19th and 20th of October last,
relative to the cases of the American Ashing vessels Pearl Nelson a.tni
Ercrcit Steele.

The note of Sir Lionel West serves only to inclose the communica-
tioii of tlie Marquis of Lansdowne to Mr. Stanhope. Whilst tlie letter
of Lord Lansdowne proceeds upon the nssumption of grounds never
accepted by tbis Government as the basis of discussion o*" the rights
of our fishermen, and fails t admit the obvious and ess vutial right of
American fishermen to respru for i)urpose3 not abusive of the ancient
])nvilegcs guaranteed by the treaty of 1818, in the Canadian bays and
liarbors, yet I am glad to see that the tone of his* discussion indicates
the growth of a disposition to consider the case of the American fisher-
men ill a more friendly light than heretofore in the discussions of the
])ast season.

The letters will bo communicated to Congress as supplementary to
the information heretofore laid before them by the President.

1 am, etc.,

T. F. Bayard.

No. 309.

ivilegoofiaiid- ^ Mr. Bayard to Mr. Phelps.

Ko. 53G.] DErARTMENT OP State,

Washington, February 8, 1887.

Sir : T have to acknowledge your dispatch of the 27th ultimo, No. 423,
wliich was .accompanied by a copy of the ntite to you of the late Lord Id-
(lesleigh, under date of December 10, J 880, and also one from Sir .hilian
Pauncefote, dated January 14, 1887, and also a copy of your note to the
Marquis of Salisbury under date of January 20 ultimo.

I desire to express my entire satisfaction with tlie position correctly
assumed and admirably and logically sustained by you in this relation.

l^our telegrams of the 5th instant and of yesterday, with reference to
.'le same question, have been received.

As part of the general case, ami as bearing with unusual clearness
upon the Canadian claims of construction of the convention of 1818, 1
transmit hr;rewith copies of a note t from Sir Lionel West, dated the 28th
ultimo, inclosing a dispatch from Lord Lansdowne, governor-general of
Canada, to Mr. Stanhope, dated November 9, 1880, which is accom-
panied by reports of the committee of the i)rivy council for Canada, and
of Mr. Thompson, the minister of justice at Ottawa.

It may bo noted that this re[)ly of the British minister at this capital
to my note to him of May 20, 1880, is dated on the 28th ultimo, giving
some eight months for the r^ontplotion of the circuit of correspondence.

At page 15 of the i»i'inted inclosure and in the last paragraph will be
found t'lj explicit a\'o\val of clium by the Canadian Government to

m

i-'i

* Printctl p. r>lG infra.

tPriuted p. 502 infra.

42

THE FISHERIES QUKSTION.

I M

1

'.

I'fi

'■V'
8:i1

employ the convention of 1818 as an instrument <jf interference with
thb exercise of open-sea flsUiug by citizens of the United States, and to
give it such a construction as will enable the fishermen of the provinces
better to compete at less "disjulvantajfe in the markets of the United
States " in the pursuit of the deep-sea fisheries.

At the outset of this discussion, in my note to Sir Lionel West, of May
10, 1886, I said :

The question, therefore, arises whether such a construction is admissible as would
' convert the treaty of 1818 from heing an instrumentality for the protection of the in-
Bhore fisheries along the described parts of the British American coasts into a pro-
text or means of obstructing the business of deep-sea fishing by citizens of the United
States, and of interrupting and destroying the commercial intercourse that since the
treaty of 1818, and independent of any treaty whatever, has grown up and now exists
under the concurrent and friendly laws and' mercantile regulations of the respective
countries.

When I wrote this I hardly expected that the motives I suggested,
rather than imputed, would be admitted by the authorities of the prov-
inces, and was entirely unprepared for a distinct avowal thereof, not
only as regards the obstruction of deep-sea fishing operations by our
fishermen, but also in respect of their independent commercial inter-
• course, yet it will be seen that the Canadian minister of justice avers
that it is "n. at prejudicial" to the interests of the provinces " that
United States fishermen should be permitted to come into their harbors
on any pretext."

The correspondence now sent to you, together with others relating to
the same subject that has taken plac'3 since the President's message of
December 8, couimunicating the same to Congress, will be laid before
Congress without delay, and will assist the two houses materially in
the legislation proposed for the security of tlie riglits of American fish-
ing vessels under treaty and international law and comity.
I am, etc.j

T. F. Bataed.

No. 310.

Mr. White to Mr. Bayard.

No. 456.] Legation of the United States,

London, March 2, 1887. (Received March 14.)

Sir: I have the honor to inclose herewith, for your information, an
extract from the report contained in yesterday's Times of the proceed-
ings in Parliament on the 28th February, embodying the answc made
by Sir James Ferguson, under secretary of state for foreign affairs, to a
question put to him by Dr. Tanner in reference to the proposed retalia-
tory measures against Canada.

I deem it proper to add that Mr. George W. Smalley, the well-known
correspondent of the New York Tribune, has informed me of a conver-
sation which he had recently with the same functionary, and in the
course of which Sir James Ferguson assured him that the Government's
late dispatches from Canada on the subject of the fisheries had been of
a very conciliatory nature, and that a modus rivendi would very shortly
be proposed to you by the British minister at Washington, which Her
Majesty's Government had reason to hope would be satisfactory to the
United States.

I have, etc., Henry White.

THE FISHERIES QUESTION.

48

f Inclosure iu No. 456. — Extract from the Report of Parliamentary Pronoodings of February 28, 1887.)

NORTH AMEUICAN FISIIEUIKS.

Dr. Tanxer asked the uuder secretary for foreign .affairs wliether his attention had
boeii drawn to the following cablegram — "New Yo"w Fubruari/ '24. A convention of
smack-owners and others connected with the lisUiug interests has mot at Gloucester,
Mass., and adopted resolntions in favor of reta'iatory measnres agairst Canada."
(Keutku)— <ind whether any measnres were being taken by the Government to rec-
oncile the ditt'erouces existing between the United States of America and Great Brit-
ain on this fishery question.

. Sir J. Ferguson. I am awaro of the paragraph quoted by the honorable member,
and of other news showing the strong feeling entertained iu the United States in re-
gard to the Canadian fishery question. Her Majesty's Governmeuc are giving the
subject the earnest attention wliich the importance of the matter requires. (From
The Times, March 1, 1887.)

No. 312.

Mr. Bayard to Mr. Phelps.

No. 5G3.]

Department op State,
Washington, March 11, 1887.

SiK : I inclose herewith, for the use of your legation, copies of the
act of Congress (Public, No. 125), entitled "An act to authorize the
President of tbe United States to protect and defend the rights of
American fishing vessels, American fishermen, American trading and
other vessels, in certain cases, and for other purposes," approved March
3, 1887.

I am, etc.,

T. F. Bayard.

! • flncloanre in No. 563.]

[Public— No. larj.]

AN ACT to authorize the Presidont of the Unitod States to protect and (iof<ind the rights of Ameri-
can liahinj; yessols Ainorioau flahormun, American tradini; and other vessels, in certain cases, and
for other purpc aes.

lie it enacted hi/ ihe Senate and House of Representatives of the United States of America
in Congress assembled, That whenever the President of the United States shall bo sat-
iafiod that American iisliing vessels or American fishermen, visiting or being in the
waters or at any ports or places of the British dominions of North America, are or then
lately have been denied or abridged in the enjoyment of any rights secured to thom
by treaty or law, or are or then lately havo [been] unjustly vexed or harassed in the
enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or
re(|nircments in respect of such rights; or otherwise unjustly vexed or harassed in
(•aid waters, ports, or i)laces; or whenever tlio President of the United Sta'cs shall bo
satisfied that any such fishing vessels or fishermen, having a permit under tlie laws
of the United States to touch and trade at any port or i)orts, place or places, in the
lirilish dominioiisof North America, an* or then lately have been denied the inivilege
of entering such port or ports, place or places in the same manner and uiuh^r the
Himio regulations as may exist tliorein applicable to trailing vessels of the most fa-
vored nation, or shall bo unjustly vexed or harassed in respect thereof, or otherwise
be nnjnstly vexed or harassed therein, or shail bo prevented from purchasing such
supplies as may there bo lawfully sold to trading vessels of the most favored nation ;
or whenever the President of the United States shall bo satisfied that any other ves-
sels of the United States, their masters or crews, so arrivinjt at or being in such
British wnters or ports or places of the British dominions of Noicli America, arc or
then lately have been denied any of the privileges therein accorded to the vessels,
their maaters or crews, of the most favored nation, or unjustly vexed or harassed ia

Hi.

,1

44

THE FISHERIES QUESTION.

iV

respect of the name, or unjnetly vexed or harassed thoreir. by the authorities thereof,
tlicn, and in eitlier or all of sueh castas, it Nliall bo lawful, and it shall bo the duty of
the President of the United States, in his di.scretiou, by i)roclun\ation to that efuct,
to deny vessels, their masters and crews, of the Hritish dominions of North America,
any entrance into the waters, ports, or places of, or within the Uuitcsd States (with
such exceptions iu regard to vessels in distress, stress of weather, or needing supplies
OS to the President shall seem proper), whether such vessels sb .11 have come directly
from said dominions on such destined voyage or by way of souit port or place in stich
destined voyage elsewhere; and also, to deny entry into any port or place of the
United States of fresh fish or salt fish or any other product of said dominions, or
other £{ood8 coming from said dominions to the United States. The President may,
in his discretion, apply such proclamation to any part or to all of the foregoing-named*
subjects, and may revoke, qualify, limit, and renew snch proclamation from time to
time as he may deem necesuary to the full and just execution of the purposes of this
act. Every violation of any such proclamation, or any part thereof, is hereby de-
clared illegal, and all vessels and goods so coming or being within the waters, ])orts, or
places of the United States cr trary to such proclamation shall bo forfeited to the
United States; and such forfeiture shall be enforced and proceeded upon in the same
manner and with the same efl'ect as in the case of vessels or goods whose importa-
tion or eo-niug to or being in the waters or ports of the United States contrary to law
may now be enforced and proceeded upon. Every person who shall violate any of the
provisions of' this act, or snch proclamation of the President made in ])ursuance
hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall bo
punished by a fine not exceeding one thousand dollars, or by imprisonment for a
terra not exceeding two years, or by both said punishments, in the discretion of the

COUiC.

Approved, March 3, 18S7.

No. 314.

Mr. White to Mr. Bayard.

No. 472.] Legation op the United States,

London, March 23, 1887. (Received April 4.)
Sir: I have the honor to inclose herewith for your information copies
of questions asked in the House of Commons yestenlay and the day
before with regard to our difliculty with Canada respecting the flsh-
eries, together with the answers made to tiie same by the under sec-
retary of state for foreign attairs.

According to one of these answers it would seem that the British
Government's reply on the subject of a modus vivendi must soon be in
our hands.

I have, etc.,

Henby White.

[Tnclosare 1 In No. 472.]

Parilamontary proceedings, March 21, 1887.

NOUTII AMERICAN KISUEKIES.

Mr. (jJoURLEY asked the under secretary for foreign affairs whether he conld in-
form the House of the nature of the dispatch received from the Dominion Government
suggesting a viodiis vivendi for a setf lenient of the Anglo- American fisheries dispure,
and when he anticipated that further promised correspondence would be in the hand*
of members; and whether the prohibition of the sale of bait to United States fisher
men in Newfoundland (while permitted to French fishermen) was iu harmony with
" the most favored nation" clause of foreign treaties.

Sir J. Fehgussok. Her Majesty's Government will be desirous of informing the
House of the course of negotiations with tho Government of the United States upon
the fisheries dispute as soon ns possible. I hope to lay on the table the dispatch now
being addressed to the United States Government before the Easter recess. I hope

THE FISHERIES QUESTION.

45

J Ilonso will oxcnse mo from entering upon tlie questions affecting tbo Nowfound-
IuikI iishcries in a fragmentary nuiriuer. Her Majesty's Uovernment will be careful
to ol)Hi'rvo their interua\ ional oMijjations, while havin<; dno regard to the iutereatB of
ber Miijesty'tt subjecta. (From the Tuuoa, March a'-J, ldb7 ^

[Inclosnre 2 in No. 472. |
*

[Parliaroentary Proceodincs, March 22, 1887.]
THE CANADIAN FISIIERIKS DISPUTE.

Mr. GounT-T57 aslced the under secretary of state of foreijrn affairs whether there
was any truth in the statement that the Canadian Government is negotiating for the
])urcha"sc of armed cruisers for the purpose of enforcing the Anglo- American Fisheries
Convention of 1818, as interpreted by the Dominiou Government ; and, if so, whether
the proposed proceedings have the sanction of Her Majesty's Government.

Sir J. Fekgusson. I only saw the question on entering the House, and I beg to sub-
mit to the House that a somewhat longer notice of such questions should be given than
even one night. | Hear!] No information on the subject has reached the foreign
ofiQce, and tbo secretary of state for the colonies informs me that ho has not heard of
it. I may add that the purchase of cruisers '. j, matter within the disoretiou of the
Canadian GoVeruuiout. (From the Times, March 23, 18'J7.)

No. 315.

Mr. White to Mr. Bayard.

Ko. 475.]

Legation of the United States,
London, March i% 1887. (Received April 5.)

Sir : I bave the honor to inclose herewith two printed copies of a
note* which I have received from the Marquis of Salisbury, in reply to
tlie i)roposals tor a modus vivendi, contained in your instruction num-
bered 459, of November 12 last, to Mr. Phelps.
1 have, etc.,

Henr/ White.

No. 316.

Mr. White to Mr. Bayard.

No. 478.] _ Legation op ihe United States,

Jjondon, March 30, 1887. (Ueceived April 11.)
Sir : Referring to my dispatch numbered 475, of March 26, 1 bave
the honor to inclose herewith the copy of a note which I received yes-
terday from the Marquis of Salisbury, adding a clause to the observa-
tions on Article III of your proposal for a : \odti8 Vivendi^ which formed
a part of inclosure No. 2 to his lordship's note of the 24th instant, in
reference to the Canadian fisheries.

I have the honor also to inclose herewith four copies of the note in
question, corrected as above, and I beg to add that I have marked the
newly inserted clause at page No. 10 of the same.
I bave, etc..

Henry White.

• Printed as amended by Mr. *Vhite'B, No. 478, p. 469, i^fra.

46

THE FISHEIilES QUESTION.

i! :,

i

[Inclosuru 1 in Ko. 478.]
The Marquin of iSalinbury to Mr. Jfhite.

FonEiGN Office, March 24, 1887.

Rin : In a unto of tho 3(1 Docembrr lust, addroHsod to my inodocossor, Mr. i'liolps
wiiM ;;o(»d i'.ii(>iijj;h to truii.smit a copy of a diHixitch I'roiii Mr. JJiiyard, diiloil tho 15th
of tlio (Hocedinj? month, tofjcthor wiMi an out lino of a proposed ad interim arrango-
mutit " for tho Nottlonicnt :if all (|ncHtionH in dispute iurulakiou to the li^thorioH on the
northoastiTU coasts of British North Amorica."

Her Majesty's Govcnniient have ^iven their most cnroful consideration to that com-
munication, and it has also received tho fullest examination at the hands of the Ca-
nadian Government, wlio entirely share the satisfaction felt by Her Majesty's Gov-
ernment at any iudication ou tint part of that of the (Juitud States of a disposition to
make arrangements which might tend to put tho affairs of tiie two countries ou a
basis more Ireo from controversy and misumlerstanding than itufortunatoly oxism at
present. Tho Canadian Qovernmont, however, deprecate several passages in Mr.
Bayard's dispatch which attribute unfriendly motives to their proceedings, and in
which tho character and scope of the measures they have taken to enforce tho toruis
of the convention of 1818 are, as they believe, entirely misapprehended.

Thoy insist that nothing has been done ou tho part of the Canadian authorities
since tho t(>rmiuaf ion of tho Treaty of Washington iu any such spirit as that which
Mr. Bayard condemns, and that all that haa been done with a view to the protection
of the Canadian fisherk's ha ' been simidy for the purpose of guarding tho riglits
guaranteed to the ]>eople of Canada by the convention of 1818, and of enforcing tiiu
statutes of Great iiritaiu and of Canada iu relation to the fisheries. They maintain
that such statutes are clearly within the powers of tho respective i'arliaments by
which they were passed, and are iu conformity with the convention of 1818, espe-
cially iu view of the itassage of the convention Avhich provides that the American
fishermen shall bo under such restrictious as shall be necessary to prevent them from
abusing the privileges thereby reserved to them.

There is a passage in Mr. Bayard's dispatch to which they have particularly called
the attention of Her Majesty's Government. It is the following:

"Tho numerous seizures made have beeu of v^issels (piietly at anchor in established
ports of entry, uuder charges which up to this day have not been particularized suf-
ficiently t<^) allow of intelligent defense; not one lias been condemned after trial and
hearing, but many have been fined, without hearing or judgment, for technical vio-
lation or alleged commercial regulations, although all commercial privileges have
beeu simultaneously denied to them."

In relation to this paragraph tho Canadian Government observe that the seizures
of which Mr. Bayard complains have been made upon grounds which have been dis-
tinctly and unequiv cally stated in every case; that, although tho nature of tho
charges has been 11 ariably specified and duly aunouuced, those charges have not Iu
any case been answered; that ample opportunity has in every case been att'orded for
a defense to be submitted to the executive authorities, but that no defense has beeu
ofttied beyond the mere denial of the right of the Canadian Government ; that the
courts of the various provinces have been open to tho parties said to have been ag-
grieved, but that not one of them has resorted to those courts for redress. To this it
18 added that tho illegal acts which are characterized by Mr. Bayard as "technical
violations of alleged conmiercial roguL-vtions," involved breaches, in most of the cases
not denied by tho persons who had committed them, of established commercial regu-
lations which, far from being specially directed or enforce., against citizens of the
United States, are obligatory upon all vessels (including those of Canada herself)
which resort to the harbors of tho British North American coast.

I have thought it right, injustice to the Canadian Government, to embody in this
note almost in their own terms their refutation of the charges brought against them
by Mr. Bayard ; but I would prefer not to dwell on this part of tho controversy, but
to proceed at once to the consideration of the six articles of Mr. Bayard's memoran-
dum in which tho proposals of your Government are embodied.

Mr. Bavard states that he is " encouraged in tho expectation that the projjositions
embodied in the memoraadum will be acceptable to Her Majesty's Government, be-
cause, in tho month of April, 1866, Mr. Seward, then Secretary of State, sent forward
to Mr. Adams, at that time United States minister in London, the draft of a protocol
which, in substance, coincides with the first article of the proposal now submitted."

Article \ of tho memorandum no doubt to some extent resembles the draft protocol
submitted in 1866 by Mr. Adams to Lord Clarendon, of which I inclose a copy for
convenience of reference), but it contains some important departures from its terms.

Nevertheless, tho article comprises the elements of a possible accord, and if it stood
alone I have little doubt that it might be so modeled, with the concurrence of your
Qoverumout, as to present an acceptable basis of uegotiatiou to both parties. But,

*'iii'i

TEE FISHtmiES QUESTION.

47

trch 24, 1887,
«)r, Mr. 1* helps
(lat.t'il tho luth
iteriiii firran^u-
iishoriuH uii the

oil to that com-
Liiilis of tho Ca-
M!ijt3sty's Gov-
i disposition to
comitricH uii a
latoly oxisl* at
asHajj[OH ill Mr.
'iMliiifjM, and ill
orco tho tonus
d.

an anthoi'itit!.s
: HH that which
tho protection
in;; tlio rights
■ enforcing tiio
I'hey maintain
;^ariiiiiiient8 l)y
I of 1818, osi)i'-
; tlio American
'eut theiu from

bicularly called

• in established
bicnlarized Hiif-
after trial and
technical vio-
riviloges have

it tho soizui'os

ave been dis-

natwre of tho

es have uot in

en afforded for

fense has been

Mit ; that the

lave been ag-

2S8. To this it

19 " technical

)8t of tho cases

uierclal regn-

itizeus of tho

uada herself)

mbody in this

against tlieiu

itroversy, but

d's memorau-

B prapositioiis
irerumont, bo-
sent forward
of a protocol
y submitted."
Iraft protocol
)se a copy for
oin its terms,
md if it stood
rence of yonr
artiea. But,

nnfortnnatoly, it is followed by other articles which, in tho view of Ilor Majesty's
Government and that of Canada, would give rise to endless anil unprolitablo discus-
Hioii, and which, if retained, would be I'atal to the prospect of any satisfactory ar-
rangement, inasmuch as they appear as a whole to be based on tho assumption that
upon the most important points in tho controversy the views entiirtaiued by Her
Majesty's Goverument and that of Canada are wrong, and those of tho United States
Government are right, and to imply an atlmission by Her Majesty's Government and
tli.it of Canada that such assuniMtion is well founded.

1 should extend the jiresent note to an undue length were I to attempt to discuss
ill it each of the articles of Mr. Hayard's memorandum, and to explain the grouuds
(in which Her Majesty's Government feel compelled to take exception to tliem. I
have therefore thought it nH)re convenient to do so in tho form of a counter-memo-
randum, which I havo the honor to inclose, and in which will be found, in parallel
ccilumns, the articles of Mr. Bayard's memorandum, and tho observations of Her
Miijesty's Government thereon.

Alrhough, as you will perceive on a perusal of those observations, the proposal of
your Government as it now stands is not one which could be accepted by Her Maj-
esty's Goverument, still Her Majesty's Government are glad to think that the fact of
Buiih a proposal having been made affords an opportunity which, up to tlio present
time, had not beeu offered for an amicable comparison of the views entertained by
the respective Governments.

Tiio main priuci|do of that proposal Is that a mixed commission should be appointed
for the purpose of determining the limits of those territorial waters within whicli,
siiliject to the stipulations of the convention of 1818, the exclnsive right of lishiiig
belongs to Groat liritain.

llt:r Majesty's Government cordially agree with your Government in believing that
adi'termination of these limits would, whatever may be the future commercial rela-
tions between Canada and tho United States, either in respect of the tishing industry
or in regard to tho interchange of other commodities, be extremely desirable, and
tiny will bo found ready to co-operate with your Government in etFeotiug such a set-
tlement.

They are of opinion that Mr. Bayard was justified in reverting to tho precedent
alVoided by the negotiations which took place upon this subject between Great Brit-
ain and tho United States after the expiration of the reciprocity treaty of 1854, and
they concur with him in believing that the draft protocol communicated by Mr.
Ailains in 186G to tli<3 Earl of Clarendon affords a valuable indication of the lines upon
which a negotiation directed to tho same points might now bo allowed to proceed.

Mr. Bayard has himself pointed out that its concluding paragraph, to which Lord
Cliirendou emphatically objected, is not contained in the first article of the memoran-
dum now forwarded by him ; but he appears to have lost sight of the fact that the
remaining articles of that memorandum contain stipulations not less open to objection,
and calculated to affect even more disadvantageously the permanent interests of the
Dominion in ttie fisheries adjacent to its coasts.

There can be no objection on the part of Her Majesty's Government to the appoint-
ment of a mixed commission, whose duty it would be to consider and report upon the
matters referred to in the three first articles of the draft protocol communicated to
the Earl of Clarendon jy Mr. Adams in 1866.

Should a commission instructed to deal with these subjects be appointed at an early
date, tho result of its investigations might be reported to the Governments affected
without much loss of time. Pending the termination of the questions which it would
discuss, it would be indispensable that United States fishing vessels entering Cana-
dian bays and harbors should govern themselves not only according to the terms of
the convention of 1818, but by the regulations to which they, in common with other
vessels, are subject while within such waters.

Her Majesty's Government, however, have no doubt that every effort will he made
to enforce th6se regulations in such a manner as to cause the smallest amount of in-
convenience to fishing vessels entering Canadian ports under stress of weather, or for
any other legitimate purpose.

But there is another course which Her Majesty's Government are inclined to pro-
pose, and which, in their opinion, would afford a temporary solution of the contro-
versy equally creditable to both parties.

Her Majesty's Government have never been informed of the reasons which induced
the Government of tho United States to denounce the fishery articles of the treaty of
Washington, but they have understood that the adoption of that course was in a
great degree tlio result of a feeling of disappointment at tho Halifax award, under
which the United States were caiied upon to pay the sum of 1,100,0001., beini; the es-
timated value of tlifl benefits which would accrue to them, in excess of those which
would be derived by Canada and Newfoundland from the operation of the fishery
articles of the treaty.

Her Majesty's Government and the Government of Canada, in proof of their earnest
desire to treat the question in a spirit of liberality and friendship, are now willing to

48

THE l'l!sni:UlES (^ilKSTION.

rovert for Mio coming fiHliing oeaHon, and, if nonesHftry, for a fiirfliorterm, to the con-
dition of tliin^H existing under the treaty of Washington, witlioiit any suggestion of
pi'cnniary indemnity.

ThiH l»a propOHal which, I trust, will conniumd itwclf to yoiirnovernnicnt nHliciii;^
baHod on that spirit of genorottity and good will which should aiiiuiato two great and
kindred nations, whose coinmuu origin, language, audiustltutiouocouMtituto as many
bouds of amity and concord.
I huvo, etc.,

Balisbuut.

'4'

[Tnclosnre 2 in No. 478.]
Drajv protocol communicaletl hij Mr. Adama to the Earl of Clarendon in 18C(k

Whereas in the first article of the convention between the United States and Orent
IJritain, concluded and signed in London ou the 'iOth October, 181H, it was declared
that —

"The United States hereby renounce, for over, any liberty heretofore enjoyed or
claimed by the inhabitants thereof to take, dry, or cur<> fish on or within '.i mariiiu
miles of any of the coasts, bays, creeks, or hitrbors of Ills Uritannic Majesty's do-
minions in America, not included within cc^rtain limits lieietoforo mentioned ;"

And whereas dirt'er(>nce8 have arisen in regard to the extent of the above-mentioned
renunciation, the Government of the United States an<l Her Mnjesty the Queen ot
Great Britain, being equally desirous of avoiding further miNnnderstiiiiding, have
agreed to appoint, and »io heieby authorize the appointment, of a mixed commissiou
for the following purposes, nnnujiy :

(1) To agiee upon and define, by a series of lines, the Hunts which shall separate
the exclusive from the comnu)U right of linliery, on the coasts and in the sens adjacent,
of the British North American colonies, in conformity with the first article of the
convention of 1818. The said lines to bo regularly numbered, duly described, and
also clearly marked on charts pre[)ared in duplicate for the purpose.

(2) To agree upon and establish such regulations as may be necessary and proper to
secure to the fishermen of the United States'tlie privilege of entering bays and har-
bors for the i>urpose of shelter; and of repairing damages therein ; of purchasing
wood, ami of obtaining water; and to agreti upon and establish such restrictions iis
may be necessary to prevent the abuse of the privilege reserved by said convention
to fishermen of the United States.

(;i) To agree upon and recommeiul the penalties to be adjudged, and such proceed-
ings and jurisdiction as may be necessary to secure a sitccdy trial and jiidgnunit with
as little expense as possible, for the violation of rights and the transgression of the
limits and restrictions whicli may be hereby adopted.

Provided, however, that the limits, restrictions, and regulations which may be
agreed upon by the said commission shall not be final, nor have any ettect, until so
jointly confirmed and declared by the United States and Her Miijesty the Queen of
Great Britain, either by treaty or by laws mutually acknowledged and accepted by
the President of the United States, by and with the consent of the Senate, and by
Her Majesty the Queen of Great Britain.

Pending a different arrangement on the subject, the United States Government
engages to give all proper orders to officers in its employment ; and Her Britannic
Majesty's Government engages to instruct the proper coloni.al or other British officers
to ahstaiu from hostile acts against British and United States fishermen respectively.

[Inclo8ure 3 in No. 478.1
interimmrrangement proposed by the United States Governmen>,.

Article I.

Observations on Mr. Bayard's memorandum.

Whereas, in the first article of the con-
vention between the United States and
Great Britain, concluded and signed in
London on the 20th October, 1818, it was
agreed between the high contracting
parties "that the inhabitants of the said
United States sliall liave forever, iu com-

The most important departure in this
article from the Protocol of 1866 is the in-
terpolation of the stipulation, " that the
bays and harbors from which Americau
vessels are in future to be excluded, save
for the purposes for which entrance into
bays and harbors is permitted by said

THE FI8HERIi:S l^lTEaTION.

49

Salisduut.

vliicli limy be
fleet, until 80

tlio Queen of
il accepted by

uatc, and by

memorandum.

mon witli tho Bnbjcots of His Britannic
MiijtMty, tilt) liberty to take Tmh of every
kind oil that part of the southern coast of
Newfoiindhuid which oxtondw from Capo
KiiV to the Kan' an IshindH, on tlio wcHt-
crn and uortliern coast of Newfoundliiiid,
fiiPin tlie Hiiid Capo Kay to tho Quiipou
IslaiulH, (III the shores of tho Majjdalen Isl-
ttiidH, and also on the coasts, bays, har-
bors, and creeks, from Mount Joly on tho
Boiitliirri coast of Labrador, to and
IIhoiikU tbo Straits of IJtjIleisle, and
thence iu>rtli\vardly indeiinitely along tho
coaHt, without pr-judice, however, to any
of the exclusive rights of the Hudson's
Hay Company; and that tho American
iisliL'iini'ii shall also have liberty forever
to dry and cure fish in any of the unsettled
bays, harbors, and creeks of the southeru
part of tho coast of Newfoundland, hero
aliove described, and of tho coast of Lab-
rador; but so soon as the same, or any
portion thereof, shall be settled, it sball
not be lawful for the said fishermen to dry
or cure dub at such portion so settled with-
out previous agreement for such purpose
witiitlie iiduibitants, proprietors, orjios-
Ke.-s(ii.s of the ground ; " and was declared
that "tho United States hereby renounco
forever any liberty heretofore enjoyed or
claiiiii'il hy tho inhabitants thereof to
take, dry, or cure fish on or within '.{ nia-
liiio miles of any of the coasts, bays,
creeks, or harbors of Ills Britannic Maj-
esty's ilmninions iu America not included*
williin the above-mentioned limits: Pro-
ridtd, howcrer, That tho American fisher-
iiieii shall bo admitted to enter such bays
or liarliors for the purpose of shelter, and
of repairing damages therein, of pnrchas-
iiii; wcKiil, and obtaining water, and foruo
otiicr purpose whatever. But they shall
beiiiMler such restrictions as may be nec-
essary to jiveveiit their taking, drying,
or curing lish therein, or in any other
iiiiiiiiier whatever abusing tho privileges
liereliy reserved to them ; " ami whereas
(liirercnceshavo arisen in r<gard totheex-
teiit of the above-mentioned reuuncia-
tioii, tliotioveriiiiieiitof the United States
and Her Majesty the Queen of Great Brit-
ain, btriiig equally desirous of avoiding
fiirlher misunderstanding, agree to ap-
poiut a mixed comiiiissiou for the follow-
ing jiurposes, namely :

(1) To agree upon and establish by a
scries of lines the limits which shall sepa-
rate the exclusive from the common right
of fitihingon the coast and in tlie adjacent
waters of the British North American
Colonies, in conformity with the first
article of the convention of 1818, except
tliat tho bays and harbors from which
American fishermen arc in the future to be
excluded, save for the purposes for which
entrance into bays and harbors is per-
mitted by said article, are hereby agreed
to be taken to be such bays and harbors
as are 10 or less than 10 miles in width,
and tho distance of 3 murine miles from

S. Ex. 113 4

article, are hereby ap^rood to be taken to
be such harbors as are 10, or less than 10,
miles in width, and tho distance of \i ma-
rine miles from such bays and harbors
shall bo measured from a straight lino
drawn across the bay o . harbor in the part
nearest the entrance at tho first point
where tho width does not exceed 10
miles."

This provision would i.ivolve a sur-
render of fishing rights which have al-
ways been regarded as the exclnsive prop-
erty of Canada, and would niako com-
mon fishing-grounds of territorial waters
which, by the law of nations, have been
invariably regarded both in Great Britain
and the United States as belonging to tho
adjacent country. In tho case, for in-
stance, of the Baiedes Ckalenrs, a pecul-
iarly well-marked and almost land-
locked indentation of the Canadian coast,
the 10-milo lino would be drawn from
points in the lieart of Canadian territory,
and almost 70 miles distance frtnn tho
natural entrance or mouth of the bay.
This would be done in sjiite of the fact
that, both by Imperial legislation and by
judicial interp.^etation, this bay has been
«leclaredto form a part of *^he territory of
Canada. (S( o Imperial Statute 14 and 1&
Vict., cap. (i:j; and Mouat r. McPhee, 5
Snp. Court of Canada Reports, p. CC.)

The convention with France in 1839,
and similar conventions wiii other Euro-
pean Powers, form no precedents for tho
ailoptioii of a 10-mile limit. Those con-
ventions were doubtless passed with a
view to the geographical peculiarities of
the coast to which they related. They
had for their object the definition of
boundary-lines which, owing to the con-
figuration of the coast, perhai)s could not
readilj' be settled by reference to the law
of nations, and i .volve other conditions
which are inapplicable to the territorial
waters of Canada.

This is shown by the fact that in the
French convention the whole of tho oys-
ter-beds in Granville Bay ,otherwise called
the Bay of Cancale, the entrance of which
exceeds 10 miles in width, were regarded
as French, and the enjoyment of them is
reserved to the local fishermen.

A reference to the action of the United
States Government, and to the admission
made by their statesmen in regard to bays
on the American coasts, stre«gthen8 this
view; and the case of the English ship
('•range shows that the Government of tho
United States in 1793 claimed Delaware
Bay as being within territorial waters.

lilr. Bayard contends that the rule
which he asks to have set up was adopted
by tLu umpire of the commission ap-
jiointed under the convention of 1853 in
the ca«e of the United States fishing-
schooner Washington that it was by
him applied to the Bay of Fundy, and
that it is for this reason applicable to
other Canadian bays.

50

THE FI8HKR1E8 QUESTION.

■'Ml ii

V iW,

m

•nch baynmicl liarl)orR slinll lio inoiisiinMl
from a Htriiinlit lino drawn acrcHs Mm hay
or harbor, ill thi*i>art iirarcMt tht<<Mitraiuf,
at the llrst jioiiit whoro ;lu« width (h>i«
not cxccud 10 inil<'H, tlio Haid liiicH to ho
rfjj;iilarly immlu'rt'd, <liily dcHcrilxsd, and
alHo ch-arly iiiariii-d on ihurtH prcparod in
duplicate for tliu purixmo.

{'■i) T(» a^rco upon and «'HlahliHh bticIi
rt'j^nlalions as may ho nccesHary and prop-
er to BccMiro to tlio lislM'rmi'n of tlio
United Slates Iho priviloj^o of enteriiif;
hayHand liarhorsfor (lie pnrpoHnofHliolter
and of repairing dania<;(^H therein, of jtur-
chaNing wood, and of ohtaining water,
anil to agree upon and OHtahiiHli auch ro-
BtrictionsaHinay \m necessary to luevent
thttahuHoof the privilejjo reserved hy said
conveutiou to the iiuhurmeu of the United
States.

(;{) To ajjreo upon and recommend the
penalties to he adjudged, and such ])ro-
ceedings and jurisdiction as nuiybo nec-
essary to seeni«i a speedy trial and jndg-
nient, with as little expense as possible,
for tno violators of rights and the trans-
gressors of tlio limits and restrictions
which may bo hereby adopter! :

Provided, however, That the limits, ro-
Btrictions, a>!d regulations which may bo
agreed upon by the said commission shall
not be iinal, nor have any effect, until so
Jointly couiiruied and declared by the
United States and Her Majesty the Queen
of Great Britain, either by treaty or by
laws mutually acknowledged.

Article II.

Pendingadofinitivoarrangomonton tlio
Bubjoct, Her Britannic Majesty's Govern-
lueut agree to instruct the proper colonial
and other British ollicers to alistaiii from
seizing or molesting fishing vessels of the
United States unless they are found with-
in 3 uiarino miles of any of the coasts,
bays, creeks, and harborsof Her Britannic
Majesty's doiiiiiiions in America, there
lishing, or to have been fishing or prepar-
ing to fish within those limits, not in-
cluded within the limits within which,
under the treaty of 1818, the iisherraen
of the United States continue to retain
a common right of fishery with Her Bri-
tannic Majesty's subjects.

Article III.

For the purpose of executing; Article I
of the convention of 1818, the Government
of the United States and the Government
of Her Bntannic Majesty hereby agree to
send each to the Gulf of St. Lawrence
n national vessel, and also one each to
cruise during the lishing soasun ou the

It is submittfld, howovcir, that as one of
llm headlands of the Buy of Fiintly is in
the territory of the United States any
rules of international law apiilicabln to
that bay are not therefon^ eiiually appli-
cable toother bays the headlands of wnii^li
are both within the territory of the same
power.

The second paragraph of the first article
does not )ncor|>orate the exact langiiago
of tho convention of 1818. For instance,
the words, " and for no other purpose
whatever," should bo inserted after tho
mention of the jturposes for which vesseU
may enter Co'iiadian waters, and after tlin
words, "as may be necessary to prevent,"
shoiihl beinsorted, " their taking, drying,
or curing fish therein, or in any other man-
ner abusing the privileges reserved," etc.

To make the language conform correctly
to tlie convention of 1818, several other
verbal alterations, which need not bo
enumerated herO; would bo necessary.

This article wonld Hnspond tho opera-
tion of the statutes of Great Britain and
of Canada, and of tho provinces now con-
stituting Canada, not only as to the va-
rious oliensea connected with fishing,
but as to customs, harbors, and shipping,
and would give to the fishing vessels of
tho United States jirivilcges in Canadian
ports which are not enjoyed by vessels of
any other class or of any other nation.
Such vessels would, for example, be free
Irom tho duty of reporting at tho custonm
on entering a Canadian harbor, and no
safeguard could be adopted to prevent in-
fraction of the customs laws by any vessel
asserting the diaracter of a fishing vessel
of tho ifiiited States.

Instead of allowing to such vessels
merely the restricted privileges reserved
by tho convention of 1818, it would gi.o
them greater privileges than are enjoyed
at the present time by any vessels in any
part of the world.

This artl'ilo would deprive the courts in
Canada of their jurisdiction, and would
vest that juiisdiction in a tribunal not
bound by leyal principles, but clothed
with supreme authority to decide on most
important rignts of the Canadian people.

It would submit such rights to the ad-

THE FIflllERIES QtlKSTION.

51

, that OB ono of
of Fiiiuly it* in
c(l HtivtPH any
r upplicaltln to
1 «(iimlly iippli-

llllllltlH"fwllU.ll

ary of the Huuie

tliofirHtiirticlo

:xiiut laiiK'tiiKU

For iimtiinets

otlmr iHirpoNO
lortod niter tho
)r which vchhuIh
PH, jiiiil after tlio
my to prevent,"
■taltinK.dryln;,',
iftuyotlicrniiin-
s ri'Hcrvod," etc,
inform correctly
r*, Heveral otlior
h need not bo
JO uecessary.

ipcnd the opnra-
•oat liritfiin and
DvinccH nowcon-
jly as to the va-
|d with fishing,
-a, and shipping,
ishing vessels of
[gos in Canadian
^ed by vessels of
ly other nation,
jxaniplo, bo free
ig at tlu) customs
I harbor, and no
led to prevent in-
Iws by any vessel
[f a fishing vessel

to snch -vessels
alleges reserved
[8, it would gi'.o
\han are enjoyed
ly vessels in any

Hve the courts in
(tion, and wonld
a tribunal not
lies, but clothed
Eodecidoonniost
Canadian people.
|jght» to the ad'

gontliorn roaflts of Nova Rootla. When-
ever a liHhing vessel of the United Htates
hIihII bo seize I for violating the provisions
„l the iil'iiresikid conventioM by fishing or
iireiiiiring to lish within it niurip.e miles of
any (if the eoastn, bays, «rreoks, and hiir-
imt'sof ller llriliinnie Miijesty'sdoniinions
inthnleil witiiin the limits within which
li.sliing is by the terms of the siild conven-
tion renouncetl, n\wh vessel shall f<irth-
with lie reported to the tiilleer in edmmtmd
oft, 'o of the said national vessels, who,
ill eiinjunetion with tl.e olllcer in com-
iiiiiud iif another «>f said vessels of dilfer-
eiit nationality, shall bear and examine
into the facts of the ease, .Should the
Naid ('iiinnuinding oI]||<^(M's be of (>pini(Mi
tliat the charge is not sustained, the ves-
sel shall be released, lint if they should
be (if opinion that the vesstd should
bi) snlijected to a judi(Mal examination,
Huu shall forthwith be sent for trial be-
l^iiretho vice-admiralty court at Halifax.
If, however, the said commanding ofhciirs
should (litter in oiiinion, tlu^y shall name
some third persoi: to act au umpire be-
tween them, and si.<.Mild they be unable
to agree n|ion the name of such third per-
son, they shall each nannt a person, and
it sluill be det(!riniiied by lot which of the
two persons so named shall be the um-
pire.

Article IV.

1 ho fishing rossels of the United States
shall have in the established ports of entry
of Her Hritannio Majesty's dominions in
America the same commercial privileges
as other vessels of the United States, in-
cluding the purchase of bait and other
siipiilies; and such privileges shall be ex-
ercised subject to the same rules and regu-
lations and payment of the same port
charges as are prescribed for other vessels
of the United Btatoa.

Ahticlb v.

The Government of Iler Britannic Maj-
esty agree to release all United States
fishing vessels now under seizure for fail-
ing to report at custom-houses when soek-
iug shelter, repairs, or supplies, and to re-
fund all fines exacted for such failure to
report. And the high contracting parties
agree to appoint a joint comiaisoiou to as-

judicatioM of two naval oiHeora, one of
themb(!longingloa fondgn country, who,
if they should disagn^*' and be unabh« to
(^lioose an umpire, must refer the final
d(M'.lsion of the great interests which
might be at stake to some person chosen
by lot.

If a vessel charged with infraction of
Canadian fishing rightsshoiild bethought
worthy of being snlijected to a "Judicial
examination," she would be sent to the
vice-admiralty court at Halifax, butthere
would bo iio redress, no appeal, and no
reference to any tribunal if the naval
olH(;ers should think proper to release luT.

It sliould, how<;ver, be observed that
the limitation in the second senteiuu) of
this article of the violations of the con-
vention which are to render a vessel liable
to seizure could not be accepted by Iler
Majt*sty's Oovernnient.

For tlutse reasons, tint article in tin; form
]>roposed is inadmissible, but Iler Maj-
esty's Government are not indisposed to
agree to the princi]ilo of a joint in(|nii'y
by the naval otllcers of the two countrien
in the first instance, tln^ vessel to be sent;
for trial at Halifax if the naval ollicers do
not agree that she should be relea.sed.
They fear, however, that there would bo
seriou.s ]iractical ditiicultics in giving ef-
tect to this arrangement, owing to the
great length of coast and tlie delays which
must in consequence bo fretpient in secur-
ing the yiresence at the same time and
place of the ujval officers of both Powers.

This article is also open to grave objec-
tion. It proposes to give the United
States fishing vessels the same commer-
cial jirivileges as those to which other
vessels of the United States are entitled,
although such privileges are oxjiressly re-
nounced by the convention of 1H18 on
behalf of fishing vessels, which were
thereafter to bo (lonied the right of access
to Canadian waters for any purpose what-
ever, except those of shelter, repairs, au 1
the purchase of wood and water. It has
fretjuently been iioiutod out that an at-
tempt was made, during the negotiations
which jireceded the convention of 1818, to
obtain for the fishermen of the United
States the right of obtaining bait in
Canadian waters, and that this attempt
was successfully resisted. luspiteof this
fact, it is proposed, under this article, to
declare that the convention of 1818 gave
that privilege, as well as the jirivilege of
imrchnsing other supplies in the harbors
of the Domiuiou.

By this article it is proposed to give
retrospective ettect to the unjustified in-
terpretation sought to be placed on the
convention by the last preceding article.

It is assumed, without discussion, that
all United States fishing vessels which
have been seized since the expiration of
t>li9 treaty vi Washin^toa tav9 heew

52

THE FISFEKTES QUESTION.

certain the amount of damage caused to
American fishermen during tlie year 1886
by seizure and detention in violation of
the treaty of 1818, said commission to
malie awards therefor to the parties in-
jured.

AUTICLE VI.

The 'Jovernment of the United States
and the Government of Her Britannic
;" ijestj agree to give concurrent notifica-
tion and warning of Canadian customs
regulations, and tlie United States agree
to admonish its fishermen to comply with
them aud co-oporato in securing their en-
forcomont.

iliogally BC'^jcd leaving as tne only
question still open for consideration the
amount of the damages for which the
Canadian authorities are liable.

Such a proposal appears to Her Maj-
esty's Government quite inadmissible.

This article calls for no remark.

t I ' i

ill •; 1 1

, . No. 317.

' .. Mr. Fhelps to Mr. Bayard,

No. 501.] Li:gation of the United States,

London, April 22, 1887. (Received May 3.)
SiE : I have the honor to inclose herewith two copies of a parliament-
ary paper* (United States, No. 2, 1887) just issued by the British Gov-
ernment and containing further correspondence on the subject of the
fisheries, together with a leading article from the Times of 21st instant
in reference tliereto, ai;d the correction I caused to be inserted in to-
day's issue of that newspaper of one of its statements.
I have, etc.,

, . ' E.J.Phelps.

Iluclosure 1 In No. 501. -Fron. tho TiiniiS, Thursday, April 21, 1887.1

The Canadian fiNht<rios question is not finally settled; in fact, that much to bo do-
sired end seems far off. Tlie further oliiciiil correspondence published yestordiiy shows
that dii>lomacy has moved witiiout advancing much. Who is responsible f Not, in
the niiiii), either the Home (rovernment or the Dominion Government. We must do
them the justice to own tliat they have not been exacting or punctilious. The former
have ui.ule overtures of a lair iiiid even gd'erous nature. Their fault, if any, has
been one not unknown in negotiating with astuKi uiplomatists ; they have, ])crhaps,
uiulervaliicd the advantage of standing still aud waiting to see wlie,ther the otln^r
side moves Lust December the American minister communicated to Lord Iddesleigh
a proposal for au ad interim arrangement, the chief featura of which was the estab-
lishnieut of a mixed commission in ordc to "separate the exclusive from the common
right of fishing on the coasts and in the adjficent waters of the British North Amer-
ican colo'iies;" tlio vexed question of the headlands to be settled by laying it down
that the bays and harbors into which entrance is not generally permitted are "to ho
taken to be such bays and harbors as are 10 or less than 10 miles in width, and the dis-
tance of li marine miles from such bays .and harbors, to be measured from a straight
line drawn ai^mss tin* bay or harbor in the part nearest the entrance at the first point
where, the widlli docs not exceed 10 miles." The (loinmissioners would al:«) be ein-
powered to iiiaUn regulations to secure the right of entry of tisheruien of the United
Stales into l»ays and harbors for the purpose of snfi-ty aud the like, and also to nnvko
arraiig(Mncnts lor t lie speedy trial of oU'enders. In the mean time no seizures would
take I'laee ; vessels of war of this country and the Uni:,e<l States would act as police,
aud American lisliing vessels would have the same commercial privileges, inchiding
the. pnrcli:tse of bait and otiii-r supplies, as other vessels of the United States. This
proposal found mo favor in Canada or here. Lord Landsdowne's advisors poi"t«d out

* This |)a;)er eo.'itains the correspondence between the two Govsvumefttq which has
•also been published by the Government of the United States,

THE FISHERIES QUESTION.

63

IS tue only
lideratioa tho
)r which the
ible.

to Her Maj-
idmissible.

Bmaik.

'AXES,
ed May 3.)
1 parliament-
British Gov-
ubject of the
f 21st instant
nserted in to-

Phelps.

1

ranch to bo cle-
j-CHtofday shows
isi'.)le1f Not, in
We must do
[us. Tlie former
lult, if any, has
' have, perhaps,
iether the other
jord Iddesleiuli

was the ostal)-
[oiii the conunon
Ish North Amer-
1 laying it down
It tod are "to he
.th, and tho dis-
[froiu a stra'fjht
It the first point

lid al :«) ho eiii-
lu of the United

nd alsti to inako
seizures would

[id uct as police,

leges, iiiclndint?

Ml States. This

[sors poirttjd out

jeut!} which haa

that it was open to serions ohjeitions. The proposed mode of measuring bays and
harbors and the suggested 3-inile line would involve an abandonment by Canada
of exclusive rights which are indisputably hers ; for example, the land-locked Bale
des Chalours, which by Imperial statute and judicial construction has been declared
to bo part of the territory of Canada, would bo dealt with as if it were part of the
open sea. The proposal as to the provisional position of iisliing vessels is e4<iivalent
to a request that Canada shonld give up one of tho e^ipress benefits of the treaty of
IdlH. Lord Salisbury was equally unsparing in his criticism of the ad interim ])ro-
posal. As ho pointed o'.?t, Oiie of the suggestions was to "give to fisliing vesseb f tho
United States privileges in Canadian ports which aro not enjoyed by vessels wf aay
other class or any other nation."

But very wisely too much has not been made of these objections. The matter has
not ended there. The sooner this question is settled the better for all concerned, ana
the Government acted properly in allowiuj;, the door to remain ojieu. "Her Mnjesty's
Coveuinient and the Government of Canada," said Lord SaliHlniry in his disiiateh of
March 5i4, "in proof of the earnest desire to ^Teat the question in a spirit of liber-
ality and friendship, are now willing to revert for the coming Iisliing season, and, if
r..;(;ossary, for a further term, to the condition of things existing under the treaty of
\Va.shington, without any suggestion of indemnity" — thai, -s, give for nothing tor a
season rights for which, under the Halifax award, made in accordance with the tishery
articles of tho treaty of Washington, the American Governnifui, were called upon to
pay £1,100,000. This may be scarcely business; it is generous almost to the extent
of being quixotic, and to do more would be weakness. We are slow to believe that
the Arierican Government will refuse to take advantage of what can cost tlieni nothing
to accept. Besides, too, the English Government are ready to fall in with Mr. Bayard's
capital proposal for the appointment of a mixed commission. As to Ihat suggestion,
which was urged in one of a series of valuable letters on this subject in our columns on
rebniaiy 19 last, Lord Salisbury says; " There can be no objection on the part of Her
Majesty's Government to the appointment of a mixed coniniission, whose business it
woald 1)0 to consider and report upon the matters referred to in the three first articles
of the draft protocol communicated to the Eai^ <if Clarendon by Mr. Adams in 18(i(J."
Some sort of morfiis Vivendi could surely be devised by a well-ehoseu, authoritative
commission. Unfortunately, the long'-.r such a question remains open, the more it
loses it;; original simplicity iind becomes perple ced by side issues. The more it is dis-
cussed the more diplomatists are embarrasst \ hy propositions to which they or their
lirodecessors stand cominitred. Insensibly the controversy becomes embittered, and
retaliation is talked of. We find but too many illustrations of this deterioration in
these dispatches. Perhaps tho absencj of an equitable tenqier may be detected in
commnnications from tins side of tho Atlantic and from the Dominion. We, i)erhap8
naturally, are more struck by tho acrimony of the attacks by American diplomatists
ou the Canadian Government, In the very first communication from Mr. IMieliis to
the lato Lord Iddesleigh he denounces, as "a violation of tho principles of natural
justice as well as those of the common law," the seizure of a fishing vessel for in-
fringing the treaty of 1818 and certain custom-house regulations. Ho is ]iarticu-
larly angry with tho requirement by Canadian law that " the burden of jjroving
tho illegality shall be on tho o\v ner or claimant." That such jirovisions exist in al-
most all laws against smuggling is wholly overlooked. It is impossible not to mark
tLo t'«'idency to look at- the question as if it were not one of construction of the
treaty of 1818. We find reiterated complaints that "a treaty of friendship" is
"tortured into a means of offense," that "existing regulations have been constiued
with a technical strictness and enforced with a severity, in cases of inadvertent
and accidental violation where no harm was done, which is both anusual and nn-
iicecssary." The House of Representatives took even higher ground, and the Com-
inittoe on Foreign Affairs reported that the conduct of the local authorities in
Canadj. "h.as been not only in violation of treaty stipulations and international
comity, but, during tho fishing season just passed, has been inhuman," The Com-
mittee of the Senate on Foreign Relations reported to .mnch the same effect. " It is
recommended," they said in their : oi)ort, " that the President of the UnittMl St.ites bo
invested with the power, and that it be mado his duty, whenever he shall be satisfied
that unjust, unfair, or unfriendly conduct is practiced by the British Government in re-
spect of our citizens and their property within the ports or waters of British d(.iiiinioii8
in North America to deny to the subjects of that Government in British North Amer-
ica and their property, or to any class of them, such privileges in the waters and ports
of fhe United States as he may think properto name, and to suspend in resprct of srch
vessels or classes of vessels, or such property or classes'of property of tlie subjects of
ench Government the right of entering or being brought within the waters or ports
of tho United States." The result has been the passing of the retaliatory bill iiKro-
(Incod in the Senate, which requires the President, when satisfied that Amerienii tish-
ermen have been deprivedofany right, or unjustly or vexatJiously treated, to retaliate
with like rostrictioua. l^is develupniout of tho controversy does not bode well for

54

THE FISHERIES QUESTION.

settlement. Politicians, jf not diplomati'ts, have lost sight of the originally simple
issne, the meaniug of a lew words. But we do not despair of the matter being, even
at this stage, amicably arranged, if only no further time is lost.

[Inolosure 2 In N« 501.— From the Times, Friday, April 22, 1887.]
THE CANADIAN FISHERIES QUESTION.

We regret that by inadvertence it was stated in the Times of yesterday 'n a quo-
tation from an oflicial note of the American minister to Lord aldesleigh, dated
Decembers, 1886, tliat Mr. Phelps denounced '"tin! seizure of a fisibing vessel for in-
fringing the treaty of 1818 and certain custom-house regtilations " as "a violation
of the principles ot abstract justice, as well as those of the common law." It appears
from the note in que.ition that this language referred, not to a seizure of a lishing
vessel, but to a provision iu the act of the Canadian Parliament of May 22, 18fi8,
which in legal eflect casts upon the person accused of an offcuse the burden of prov-
ing his iniioceuco.

No. 318.

Mr^ Bayard to Mr. Fhelps.

No. G25.] Department of State,

Washington, May 23, 1887.
SiE: I transmit herewith for yonr information copies of recent cor-
respondence relative to the case of the Sarah H. Prior, one of the fish-
ery cases.

I am, etc.,

T. F. Bayard.

[Tnclosuro 1 in No. 625. 1

' Mr. Prior to Mr, Bayard.

Boston, May 13, 1887,
Dear Sir : I received the inclosed letter to-day and thought best to forward it to
yon for your perusal and advice. It is iu regard to the seine belonging to the
schooner Sarah H. Vrior. The seine was lost olf Malpeqne and picked np by a
British schooner and brought into Malpequo, where the Prior was lying. They re-
fiifled to deliver it up after the captain of the Prior had oft'ered to pay salvage on it.
I sent yon a sworn affidavit last Novemlter of the facts in the case. Please let me
know when you think it best to enter a claim Tor damage. Hoping to hear from you
at your earliest convenience,
I remain, etc.,

P. H. Prior.

P. S. — Please let me know what stops to take in regard to answering the inclosed
letter.

P. H. P.

, [Inclosure to inclo8iire 1 in No. 625.]

SoURis, Prince Edward Island,

May 2, 1887.
Messrs. P. H. Prior & Son,

Boston, Mass.:

Sirs : In October last Capti.iu Wolf of the British schooner John M. IngVis dcHverrd
to me a wrecked seine which ho had picked up at sea. It had tlie name " Sarah II.
Prior" printed somewhere about it. As receivorof wrecks for this district I made llio
necessary advertisement hero and at Ottawa, where tlie Iic.kI department is, but be-
fore I could ascertain who the owner was winter had set iu and nothing could be done.

THE FISIIEKIES QUESTION.

66'

I bad tliP seine nicely Baited and seemed for the wiiitc-r. It is now in as good con-
dition as wiien it was brought here. I have now to ask if yon are the real owners of
this property, and if so, what disposiuion you wish mo 1o make of it, whether you
wish to pay'thj salvage, $25, and some other charges, and have the property shipped
to you hy steamtw or nave it kept here until your vessel calls. Something must be
do'.ie with it soon. I have had it overhauled this spring, and it appears in good con-
dition, except of course the tearing. The purseline, etc., are with it, and it should
bo worth more than the charges against it.

Will you kindly adviae uie by loturn mail what your wishes are in the matter, and
oblige,

Yours, etc.

M. .1. FOLKY,

Jieccivir of Wrecka.

Pnclosuro 2 in No. C25.1

Mr. Bayard to Mr. Prior.

Department op State,

Washington, May 21, 1887;

Sin: Your letter of the 13th instant in relation to the claim preferred by you be-
cause of the alleged refusal of the coinniiinder of the Canadian cruiser Critic to per-
mit the restoration to your fishing vessel, the Sarah H. Prior, of a valual>le seine lost
at sea and carried into Malpeque hy a Canadian vessel, ha.** been received.

As you were informed, by my letter of Jauua.'y 28 last, your original complaint of

December 28, 1886, with the accompanying ailklavit of the captain and crew of the

Sarah H. Prior purporting to set forth the facts of the case, was laid before Her

Britannic Majesty's minister at this capital. My note and Sir Lionel West's acknowl-

' edgment thereof are printed on pages 7 and 8 of the inclosed executive document.

I am now in receipt of Sir Lionel's reply, covering an approved report of a commit-
tee of the Dominion privy council, of which a copy is inclosed for j our information.

The question appears to have been one of compliance with the usual wreckage and
salvage laws, and wholly disconnected from international right and duty.

The sworn statements of the master of the Sarah Jf. Prior as to the refusal of the
commander of the Critio to permit the restoration of the seine are controverted.

It is alleged that, on the regular course of proceedings for the recovery of his prop-
erty through the receiver of wrecks being pointed out to Captain McLaughlin, the
latter " then said that as the seine was all torn to pieces, he would not bother him-
self about it "

It appears, from the letter addressed to you. May 2, by Mr. M. J. Foley, receiver of
wrecks at Souris, Prince Edward Island, and which you send to me for my informa-
tion, that the seine in question, after proper care during the winter, is still at your
disposal on payment of the adjudged salvage, $25 This sum, it may be noted, is that
which Captain McLaughlin offered in the first instance to pay to the master of the
John Ingalls.

Iiiasnuich as the rights of salvage are private rights, to be settled in judicial forums,
and as no obstacle now exists, or appears to have at any time existed, to the recovery
of your lost property by institution of a suit in the usual form, I am unable to dis-
cover any connection between the subject-matter of your comi)laint and any ' aty
of (he United States with Great Britain, or ground for Government interpositu ii.

Wreck-master Foley's letter is herewith returned to you, a copy being retained on
file with your letter.
I aui| etc.,

T. F. Bayard.

•66

v\

•the fisheries question.

No. 321.
Mr. Bayard to Mr. Phelps.

[Estract.]

Ko. 659 bis.]

Department of State,
Washington, July 12, 1887.
Sir : On March 24 last the Marquis of Salisbury made reply to
your note to biin of December 3, 18SG, and comnuiuicated the views of
the Canadian government upon the ad interim arrangement proposed
by the Government of the United States, undrr date of the 15th of
November preceding, for the settlement of the fishery disputes.

This reply of his lordship and the ''observations" of the Canadian
authorities upon the proposal for an arrangement were conveyed iii
Mr. White's dispatch of March 30, and received at this Department
April 11 last, when it had my immediate consideration.

An answer was prepared forthwith to the note of his lordship, as
well as to the "observations," and 1 now inclose two copies of the latter,
which, for convenience and intelligibility, has been printed as a third
parallel column to the original proi)osal and the Canadian " obscva-
lions."

I am, etc.)

T. F. Bayaed.

,,:|.
!!.!»

llnclosuro in No. C59 bis. ]
FiSnERIES AunANGEMKXT mOPOSED BY UNITED STATES, WITH "OBSERVATIONS"

OF British Goveinment and Reply op Government of United States.

Ad interim Arrangement pro-
posed by the United States,
Government.

Article I.

WHEREAS, in tho 1st Ar-
ticle of tlio Convention botweecu
tbo United Stutes ni\(l Gro:it
Diitaiu, concluded nnd signed in
London on tho 20(h October,
1818, it wa« agreed between the
High Contracting Parties " that
the iubabitauta of tho saidlTiii-
ted States shall have forever, in
common with tbo subjects of
Uis Britaunio HnjoBty, the lib-
erty to take fish of every kind
on that part of tho eouthern coast
of Newfoundland which extends
from Cape Ray to the Kameau
Islands, on the ■western and
northern coast of Newfoundland,
from the said Capo Kay to the
Qiiirpon Islands, on the shores of
tho Magdalen Islands, and also
on the coasts.bays, harbunrs,and
creeks, from Mount Joly on tho
Southern coast of Labrador, to
and through tho Straits on BcUo-
Isle, and thence northwardly
Indefluitely alonf; the coast,

Observations on Mr. Bayard's
Memorandum.

THE roost important depart-
ure in this Article from the Pro-
tocol of 1800 is the lutorpolation
of tlieHtipulation, "that tho bays
and harbours from which Ameri-
can vessels are in future to bo
excluded, save for tho purposes
for which entrance into bays and
harbours is permitted by said
Article, are hereby agreed to be
taken to bo such harbours as aro
10, orlessthan 10, miles in widili,
and tho distance of 3 nuirino
miles fom such bays and har-
bours shall bo measui'cd from a
straight line drawn across tho
bay or harbour in the part near-
est the entrance at the first point
where the width does not ex-
ceed 10 miles."

This provision would involve
a surrender of fi-shing rights
which have always been regard-
ed as tho osclusive pnipcrty of
Canada, and would make com-
mon fi.shing grounds of iho ter-
ritorial waters « hicli, by the law
of nations, have been invariably

Reply to " Observations'
posal.

on Pro-

A prior agreement betwcon
the two Governments as to tlio
proper defiuition of the "bays
and harbors " from which Ameri-
can lialiermcn are hereafter lo
be excluded, would not only fa-
cilitntethelaborsofthopropusud
Comnijasion, by niateriaily as-
sisting it in defining such bays
and harbors, but would give to
its action a finality that could
not otberwiso bo expected. Tlio
width of ton miles was proposed,
not oul.y because it had been fol-
lowed in Conventions betwcon
many other powers, but also lie-
cause it was deemed reasoiiablu
andjust in the present case; i\m
Governnu!Utrecognizing tho tact
that, while it might have claiiiu'cl
a width of six miles as a basi.s uf
settlement, fishing within b:iys
and harbors only slightly wiiUr
would be confined to areas so
narrow as to render it practically
valueless and almost neco-ssaiily
expose tho fishermen toconstuiit
danger of carrying their oponi'

THE FISHERIES QUESTION.

67

TATE,

y 12, 1887.

ilo reply to

the views of
iut iiroposed

the 15tU of
lUtes.

ho Canadian
conveyed iu

Department

I lordship, as
of the latter,
;d as a third
in " obse'va-

, Bayard.

BSERVATIONS"

TED States.

tervatioiM" on Pro-
posal.

Tfopmcnt botwcpn
onimouts as to the
tion of the "Imys
from wlilcli Amen-
n are bcreaftor to
would not only fiv
Ijorsoftlio proponed
1).V luutorialli' as-
ilfdnlug Buch bays
it womUI givo to
iiality that could
bo expected. The
liloB was proposed,
U80 it bad boon fol-
ivcntious between
owers, but also lio-
doeincd reaaonablu
present ca»io! tbis
•ecognizing tbo laet
might have claiimd
miles as a basis uf
gbing within bays
inly slightly wider
fined to areas so
endor it practically
almost uucossarily
hprmen toconstaut
rrying their opera-

without projudlce, howevir, to
:..iiy of tlleo^:elusive rights of tbo
IIimIsoh's ]!ay Company; and
l!iat tiio American tisbcrnieu
xliall also bav.i liberty for ever
to dry and cure tiah in any oi" the
nn^dtled bays, harbours, and
ci-ccka of the southern part of
Ihft coast of Ncwfonndland, here
almvc described, and of the coast
of Labrador; but so soon as tho
samo.orany portion thereof,shall
bo settled, it shall not bo lawful
for tlio said fishormcn to dry or
cure fish at such portions so set-
tled without previous a-reemont
for such purpose with the in-
habitants, proprietors, or pos-
sessors of the ground j " and was
declared that "tho United States
hereby renounce forever any lib-
erty.heretofore enjoyed or claim-
ed by the inhabitants thereof to
talvc, dry, or cure fish on or with-
in 3 marino miles of any of the
coasts, bays, crocks, or harbours
of His Britannic Jfajesty's do-
minions in America not included
within the above-mentioned lim-
its; provided, however, that the
American (ishernien shall bo ad-
mitted to enter such bays or har-
honra for tlui purpose of shelter,
iind of repairing damages there-
in, of purchasing wood, and ob-
taining water, and for no other
purpose whatever. But they
shall be under such restrictions
as may bo necessary to prevent
their taking, drying, or curing
fish therein, or in any other man-
ner whatevar abnslng the privi-
leges hereby reserved to them ;"
and whereas difTorenccs liavo
arisen in regard to tho extent of
tho above-mentioned renuncia-
tion, tho Government of tho
United States and Her Majesty
theQiieen of Great Britain, being
equally desirous of avoiding fu: •

ler niisundorstanding, agree ,:o
appoint a Mixed ('oinraission for
llui following purposes, namely :

1. Toagrceupon and establish
liy a series of lines tho limits
which sliall separate the exclu-
Mve from tho common right of
lisliidg on the coast and in tbo
ailjarent waters of the British
Xorth American Colonies, in
(nnforraity wUh tho Ist Article
"f tho Convention of 1818, except
that tlicbuys and harbours from
whiili American fishermen are
in the future to be excluded,
save for the purposes for which

regarded both in Great Britain
nnil the United States as be-
longing; to tho adjacent country.
In the case, for instance, of the
Baio dcs Cbalcurs, a peculiarly
well-marked and almost land-
lockcd'indcnfation of tho Cana-
dian coast, the 10-mile lino would
be drawn from points in the heart
of Canadian territory, and al-
most 70 miles distance from tbo
natural entrance or mouth of tho
bay. This would bo done in
spito of the fact that, both by
Imperial legislation and by ju-
dicial interpretation, this liay
b^. , been dcclnrod to form apart
of tho territory of Canada. (Seo
Imperial Statute 14 & 15 Vict.,
cap. 63 ; and " Mouat v. JIc-
rhee," 5 Sup. Court of Canada
lJc])orts, p. (Hi.)

Tbo Convention with Franco
in 1.930, and similar (^)nventions
with other European rowers,
form no precedents for the adop-
tion of a 10-milo limit. Those
Conventions were doubtless
passed with a view to the geo-
grapb.ical iieculiarities of the
coast to which they related.
They bad for their object the
definition of tiio boundary lines
which, owing to the configura-
tion of tbo coast, perhaps could
not readily bo settled by refer-
ence to tho law of nations, and
invidve other conditions which
aro inapplicable to tbo territo-
rial waters of Canada.

This is shown by tbo fact that
in the French Convention tho
whole of the oyster-beds in Gran-
ville Bay, otherwise called tho
Bay of Cancain, the entrance of
which exceeds 10 miles in width,
were regarded as French, and
tho enjoyment of them is re-
served to the local fishernien.

A reference to the action of tho
United States' Government, "id
to tho admission m.ado by their
statesmen in regard f to] bays on
tho American coasts, strength-
ens this view; at d tho case of t he
English ship "Grange" sliows
that the Government of tbo
United States in 1703 claimed
Delaware Bay as being within
territorial waters.

Mr. Bayard contends that the
rule which be asks to have set
up was adopted by the Umpire
of tho Commission appointed
under tho Convention of 1853 in
tlio case of tho United States'

tioDS Into forbidden waters. A
width of more than ten miles
would give room for safe fishing
niorctlian three miles from either
shore, ond thus prevent the con-
stant disputes which this Gov-
ornmont's proposal, following
the Conventions above noticed,
was designed to avert.

It was not known to Involve
tlio surrender of rights "which
had always been regarded as the
exclusive property of Canada,"
or to "mako common fishing
ground of territorial waters,
which, by tho law of nations,
have been invariably regarded,
both iu Great Britain and the
United Stiites, as belonging to
the adj.ioent country."

The case of tbo Bale des Cha-
leurs, the only case cited in this
relation, does not appear to sus-
tain the "observations" above
quoted. From IS.'il until 1800
American fishermen were per-
mitted free access to all territo-
rial waters of tho provinces un-
der treaty stipulations. From
IHtiO until 1870 thev enjoyed sim-
ilaraccess under special licenses
issued by the Canadian Govern-
ment. In 1870 tho license sys-
tem was discontinued, andnnder
dale of May 14 of that year a
draft of special instructions to
ofUcera in command of tho ma-
rino police, to protect the in-
shore fisheries, was submitted
by Mr. P. Mitchell, Minister of
Marino and Fisheries of the Do-
minion, to tho Trivy Council,
and on tbo same day was ap-
I)roved. In that draft tho width
of ten miles, as now proposed
by this Government, was laid
down as the definition of the
bays and harbors from which
American fishermen were to bo
excluded ; and in respect to tho
Bi:y des Cbalenrs, it was (iiroct-
ed that tho ofBcers mentioned
should not admit American tlsh-
ermen "inside of a line drawn
" across at that part of such bay
" where its width does not exceed
"ten miles." (See Sess. Pap,
1870; tee also Appendix "A" to
this Memorandum.) It is true
that it was stated that these lim-
its were "for the present to be
exceptional." But they are Ir-
roconcilablo with tho supposi-
tion that the present proposal of
this Government " would In-
" Volvo a surrender of fiablnf

J., «

m

' I,

58

THE FISHERIES QUESTION.

"

I

I '<

I

ll

entrance into the bays and har>
bonrs i8 permitted by Maid Ar-
ticle, aro liorel)y ajtreed to be
tftkon to be such bays and bar-
bonrs as are 10 or less than 10
miles in width, nnd the distance
of !( marine niilcH from such bays
and harbours sliiiU be ni(!nRUTod
from a straight line drawn across
the bay or harbour, in the part
nearest the entrance, nt the first
point where the width does not
exceed 10 miles, the said lines to
bo rognliirly nuniborcd, duly de-
scribed, and also clearly marked
on Charts jirepaied in duplicate
for the puri)Ose.

2. To agree upon and establish
snch Regulations as may ho nec-
essary and proper to secure to
the llshcrmen of the United
States tlie privilego of entering
bays and harbours for the pur-
pose of shelter nnd repairing
daniiiges therein, of pnichasing
wood, and of obtiilniug water,
and to ngrne upon and establish
Bucli restrictions as may ho nec-
essary to prevent tlio nbuso of
the ptivilego reserved by said
Convention to the fishormen of
the United States.

3. To agree upon and recom-
mend the penalties to be ad-
judged, and such proceedings
and jurisdiction as may be nec-
essary to secure a speedy trial
and .Judgment, « ith as little ex-
l)en8o as possible, for the viola-
tors of rights and the transgress-
ors of the limits and restrictions
which may bo hereby adopted i

Provided, however, that the
limits, restrictions, nnd llegula-
tions which may bo agreed iinon
by tliesaid Commission shall not
be final, nor have any eifect, un-
til 80 jointly confirmed and de-
clared by the United States and
Her Majesty the Queen of Great
liritain, either by Treaty or by
lawa mutually acknowledged.

fishing-schooner "Washingu.::,"
that it was by him applied to the
Bay of l''undy, and that it is for
this reason applicable to other
Canadian bays.

It is submitted, however, that
as one of the headlands Of the
Bay of Fundy is in the territory
of the United States any rules of
international law applicable to
that bay are not therefore equal-
ly applicable to other bays the
headlands of which are both
within the territory of the same
Power.

The second paragraph of the
1st Article does not incorporate
the exact language of the Con-
vention of 1818. For instance,
the words, "and for no other
purpose whatever," should bo
inserted after the mention of the
purposes for whioh vessels may
enter Canadian waters, and after
the words, "as may be neces-
sary to prevert," should be in-
serted, " their taking, drying, or
curing fish therein, or in any
other manner abusing the privi-
leges reserved," &c.

Tomake the language conform
correctly to the Couvcsntion of
1818, several other verbal altera-
tUms, which need not be enumer-
ated hero, would be necessary.

" rights which have always been
" regarded as the exclusive prop.
"orty of Canada."

It is, however, to be observed
that the instructions above re-
ferred to were not enforced, but
were, at the re<iuestof Iler Maj-
esty'sCiovernment, amended, by
confining the exercise of police
jurisdiction to a distance of throe
miles from the coasts or from
bays less than six miles in width.
And in respect to the Ha^ des
Chaleurs, it was ordered that
American fishermen should not
be interfered with unless they
were found "within three miles
of the shore. (Sess. Pap., Vol.
IV, No. 4, 1871 J see akj Appen-
dix "B.")

The final instructions of 1870,
being thus approved and adojit-
od, W(^ro reiterated by tlieir re-
issue in 1871. Such was the con-
dition of tilings from the discon-
tiuuanceof llie Canadia-; license
system, in 1870, until, by the
Treaty of AVasliingtou, Ameri-
can fi.tliermcn again had nccesB
to tlio in.ihoro fisheries.

As to the st.ituto cited (14 and
15 Vict., cap. 03, August?, IS.'^^l),
it is only necessary to say that
it can have no relevance to the
present discussion, because it
related exclusively to tlie settle-
ment of dispnted bcundarieo be-
tween the two British provinces
of Canada and New Brunswick,
and hud no international aspect
whatever ; and the same may bo
said (if the case cited, which was
wholly domestic in its nature.

Excepting the Bay des Cha-
leurs, no case is adduced to show
why the limit adopted in the
Conventions i egulating the fish-
erics in the British Channel and
in the Nortli Sea would not he
equally applicable to the prov-
inces. The coasts bordering on
tliose waters contain numerou.s
"bays" more than ten mili's
wide; and no other condition has
been suggested to make the lim-
it established by Groat Britain
and other powers as to theai'
coasts "inapplicable" to tlic
coasts of Canada.

The exception referred to (of
the oyster beds in Granville Bay )
from the ten-mile nilo in tho Con
ventions of 18;i9 and 1843, be
tween Great Britain and France.
is found, upon examination of the
latter Convention, to be "estab-

ir'*"

TMK FISHERIES QUESTION.

59

ivealways'been
exclusive prop-
If

to be observed
tions above ro-
at cuforred, but
loatofller Maj-
nt, amcmlod, by
ercise of polioo
ilistancoofthroB

coasts or from
X miles in width.

to the Bay dos
as ordered that
rmon should not
rlth unless tlmy
itbin three miles
(Sess. Pap., Vol.
; gee alsj Apppu-

tructionsof 1870,
roved and adopt-
•iitod by their ro-
Sm:h was the cou-
s from the disciin-
1 Cauadia-. licuuse
TO, until, by the
ishin;;ton, Ameri-
B!j;a\n had access
flsliorics.
a1 oto cited (14 and
i3, August?, 18ril),
[•sHaiy to say tliat
> rclovance to the
lasiou, bccauai) it
ivcly to the settle-
ted bcnndariea hiv
Uriti.sh proviuceB
New Brunswick,
ternatioual aspect
d the same may bo
le cited, which was
ki(! in its nature.
tlui Bay des Chil-
lis adduced to show
it adopU'd in the
regulating the fiah-
Iritish Channel ami
Sea would not lie
jable to tbo prov-
tasts bordering on
Icoutain numerous
lo than ton niih«
(ther condition ban
?d to make the lim
by Groat Britain
iwers as to tb(is<'
,plicuble" to the
lada.

lion referred to (of
iHinOranvillcBay)
lilei-uleinthoCon
La;!9 and 1843, bc-
[jritain and France,
I examination of the
ition, tobe"estab

liahod upon special piiuciples;"
aiid it is believed that the area
of waters so excepted Is scarcely
12 miles by 10. In this relation
It may be instructive to note tlie
terms of the Memorandum pro-
posed for tlie Foreign Oflice In
1870, withr eference to a Com-
mission to settle the flsliing lim-
its on the coast of British North
America. (Sess. I'ap., 1871 ;
tee also Appendix ' C")

The Bay des Chaleurs is ICi
miles wide at the mouth, meas-
nred from Birch Point to Point
Macqueroau ; contains within its
limits several other well-defined
bays, distinguished by their re-
spective names, and, according
to the*' observations, ".idistauce
of almost seventy miles inward
may bo traversed before reach-
ing tbo toil mile line. '

The Delaware Bay is 11^ miles
■wide at the mouth, 32 miles from
which it narrows Into the river
of that jiame, and has always
been held to be territorial
waters, before and since the
case of the "Grange" — an in-
ternational case, — in 1703, down
to the present tuno.

In delivering .judgment In the
case of tho " AS^ashington," tbo
Umpire considered tho licadland
theory and pronounced it " now
doctrine." Ho noted among
other facts that one of the head-
lands of the Bay of Fuudy was
in the United States, but did
not place bis decision on that
ground. And immediately in
tho next case, that of tho "Ar-
gus, " beard by him and decided
on the same day, he wholly dis-
carded tho headland theory and
made an award in favor of the
owners. The "Argus" was
seized, not in the Bay of Fundy,
but because (althongb more
than throe miles from laud) she
was found fishing within a line
drawn from headland to head-
land, from Cow Bay to Capo
North, on tbo northeast side of
Cape Breton Island.

Tho language of the Conven-
tion of 1818 was not fully incor-
porated in tho second paragraph
of the 1st Article of the propo-
sal, becauBO that paragraph re-
lates to regulations for the so-
ouro enjoyment of certain priv-
ileges expressly reserved. Tho
words "and for no other pur-
pose whatever" would in thl»

Hk ^nj

60

THE FISHERIES QUESTION.

relntion be surplusage. The if. |
strictions to prevent the abine
of the privih'jics referred i,,
would iicccHsiirily ho Hiich ua i,,
prevent the "taking, dryinc, iiiul
curing " of fiHh. For thcKe rca
Bons the words referred to were
not iuHPTted, nor is the useful
seas of their insertiou apparent

I;

4(1 interiin Arrangement pro-
poted by the United Statet' Oov-
emment.

Article II.

Ponding a detlnitivo arranpo-
mont on tlio subject, Her Bri-
tannic Majesty's Government
agree to instruct the proper Co-
lonial and other British ofUcers
to abstain from seizing or mo-
lesting fl&bing vessels of the
United Statca unless they are
found within 3 marine miles of
any of the coasts, bays, creeks,
and harbours of Her Britannic
Mnjesty's dominions in Amer-
ica, there fishing, or to have
been fishing or preparing to fish
within those limits, uotincludod
within the limits within which,
under the Treaty of 1818, the
flail!, rmeu of the United States
continue to retain a common
right of fishery with Her Bri-
tannic Msyeaty'B subjects.

Observalioni on Mr. Layard's
Memorandum.

This Article would suspend
the operation of the Statutes of
Great Britain and of Canada, and
of tho provinces now constitu-
ting Cniiada, not only as to the
various ofibusos connected with
fishing, but as to customs, liar,
hours, and shipping, and would
give to tho fishing vessels of tho
United States privileges in (Can-
adian ports which are not enjoy-
ed by vessels of any other class,
orof any other nation. Such ves-
sels would, for example, be free
from tho duty of reporting at the
Cnstoms on entering a Canadian
harbour, and no safeguard could
bo adopted to prevent infraction
of tho Customs Laws by any ves-
sel asserting tho character of a
fishing vessel of the United
States.

Instead of allowing to such
vessels merely tho restricted
privileges reserved by tho Con-
vention of 1818, it would give
them greater privileges than are
enjoyed at the present time by
any vessels In any part of tho
world.

lieply to" Observationi " on Pn.
posal.

Article II.

The objections to this Article
will, it is believed, bo rcmovoii
by a refer.nico to Article VI,
in which "tho United Stales
agrees to admonish its fisher-
men to comply" with Cana-
dian customs regulations and
to eoiiperato in securing their
enforecinent. Obedience by
American fishing vessels to Ca-
nadian laws was believed and
certainly was intended to ho te-
cured by tiis article. By the
consolidation, however, of Ar-
ticles IE and VI the criticiam
would bo fully met.

i*l|.,v

Ad interim Arrangement pro-
posed by the United State*' Oov-
emment.

Article III.

For the purpose of executing
Article I of tho Convention of
1818, the Government of the
United States and tho Govern-
ment of nor Britannic Majesty
hereby agree to send each U> the
Gulf of St. Lawrence a national
vessel, and also one each to cruise
during tho fishing season on the
southern coasts of Nova Scotia.
Whenever a fishing vessel of the
United States shall be seized for

Obgervationg on Mr. Bayard's
Memorandum.

This Article would deprive tho
Courts in Canada of their juris-
diction, and would vest that Ja-
risdiction in a Tribunal not
bound by legal principles, but
clothed with supreme authority
to decide on most important
rights of the Canadian people.

It would submit such rights
to tho ailjadication of two naval
ofBcers, one of them belonging
to a foreign country, who, if they

Iteply to " Observationi" onFro \
posal.

Article m.

As tho chief object of this Ar-
ticle is not nnacceptable to Ilcr I
Majesty's Government— t. «., tlic
establishment of a joint system j
of inquiry by naval oflBcers of tlio
two couutries in the first in-
stance—it ia believed that tl e 1
oY' >ction8 suggested may be re-
moved by an enlargement of the
list of enumerated olTonses so as
to Include infractions of the reg-
ulations which may be estab- I

THE FISHERIES QUESTION.

61

urplusage. TlleI^
]irovcnt tlio iibiiH
ilcgcs referred to !
iRiirily bo Hiicli unto
'taking, clryinK, and
Ish. For lliCHB rca
•(Is reforrod to wen
, nor is tlio tisi'fui
inaoitiuu appaii'ut

'isernalions" on Pro-
posal.

TICI,E II.

itions to this Article
iliovcd, 1)0 rcniovoil
iico to Article VI,
tUo Unit<!(l States
uliuonish its flalier-
niply " with Caiia-
nis regulations iind
;o in securing tlieir
t. Obeilienco by
tailing vessels to Ca-
8 was believed and
as intended to bo ue-
tils article. By tlio
on, however, of Ar-
nd "VI tUe criticiam
iiUy met.

Ivlolntlng (ho provisions of tbo
[»forc»aiil(;""\'<'"'"" ''.V "■"♦•'''iS
lor pniiaring I" llsli" '«''»":""»■
Iriuo niilL'H ol' any of tlio coasts,
Ibavs, in-iks, and liarbours of
lllor lii ilauiiio Majesty's doniiu-
jlons iiicludud williin the limits
Iwitliiii wliicli ILlliing is by the
(ti'iiurt of tlio said Conveution lo-
[uimiiciil, such vessel shall forth-
with lio lopcrted to tho officer in
comiiiand of one of the said na-
tioual vessels, who, in conjunc-
tion with the officer in command
of aiiiilliiT of said vessels of dif-
ferent nationality, shall hear and
Icxaniim; into tliefactsof the case.
Sliould tho said comraanding of-
I fleers bo of opinion that tho
IcharKP is not sustained, tno ves-
I gel shall bo released. But if they
iBhoiibl hoof opinion that tho ves-
[sol sboiilil licsulyectcd toa jiidi-
Icial oxaniiiiation. she shall forth-
Iwitb bo sent for trial before tho
IviioAdniiialty Court at Uali-
jfax. If, however, tho said com-
IniunJiug otlicers should differ in
[opiuioii, lliey shall name somo
J third person to act as tJmpiro
(betwocu thoni, and chould they
Jboiinablo toagree upon the namo
(of such third person, they shall
I each namo a person, and it shall
[bo dotcrniincd by lot which of
I the twi) persons bo named shall
I bo tho Umpire.

should dlsn;^i'e»aud bo unable to
choose an Umpire must rofor tbo
llnal decision of the great iuter-
ests which uiight> bo at stulio to
sciiiio iiorsou chosen by lot.

If a vessel iliargod with infrac-
tion of Canadian lishing rights
should be tliought worthy of be*
iiig subjected to a "judicial ez-
uuilnation," she would be sent to
tho Vice- Adni iralty Court at Ilal-
ifax, but there woiiht be no re>
dress, uo appeal, and no refeiv
euce to any Tribunal if tho na-
val officers should think proper
to release her.

It should, however, be ob-
served that the limitation in the
second sentence of this Articlo
of tho violations of tho Conven-
tion which are to render a vessel
liable to scixure could not bo ao-
copt.'d by Her Majesty's Gov-
oramcnt.

For those reasons, the Article
in tho form proposed is inadmis-
sible, but Her Majesty's Giivem-
ment are not indisposed to agree
to the principle of a joint inquiry
by tho naval oflicors of the two
countries in tho first instance,
tho vessel to bo sent for trial at
Ilalifax if tho naval otlicers do
not agree that she should be re-
leased.

They fear, however, that thero
would bo serious iir,ictical diffi-
culties In giving cirect to this
arrang' lont, owing to the great
length (if coast, and tho delays,
which must in consequence be
frequent, in securing tlio pres-
ence at tho same time and place
of the naval officers of both
Powers.

lished by tho ComnilssiOk, And
the trratniont to boawardoUto
sucli infractions should also be
couuidored by tho sumo body.

>h>ervation$" onPn
posal.

RTICLK III.

lef object of this Ar-
inacceplable to Ilcr
ivemment— t. «.. tilt
it of a iolnt system
naval officers of tlio
ies in the first in-
believed that tl i'
iggosted may bo ro-
enlargement of tho
irated offenses so an
fractions of the ren-
liob may be estab-

\Ad interim Arrangement pro-
]inted titj the United Statci' Oov-
emmenl.

AimCLE IV.

Tho flailing vessels of the

I United Stat«s shall have in tho

I establiabed poits of entry of Iter

[Britannic M^esty's dominions

jiu Auieiicathosamo commercial

[pririlpgos asoth^. vessels of the

I United States, including the nur-

I rhaso of bait and other supplies ;

and such privileges shall be ex-

orcisedsubjoct to the same Bnlcs

and Hegulations and payment of

the aaiue port charges as are yre>

Observations on Mr, Bayard's
Memorandum.

This Articlo is also open to
grave objection. It proposes to
give tho United Stati's fishing
vessels tho same commercial
privileges as those to which
other vessels of the United
States are entitled, although
such privileges are expressly re-
nounced by the Convention of
1818 on behalf of fishing vessels,
which were thereafter to be de-
nied the right of access to Cana-

Jieply to " Observations" on Pro-
posal.

Article IV-

Tho Treaty of 1818 related
solely to Fisheries. It \yas not
a commercial Convention, and
no commercial privileges were
rouounced by it. It contains no
reference to "ports," of whiclj,
it is believed, tho only ones then
existing were Halifax, in Nova
Scotia, and possibly one or two
more In tho other provinces ; and
these ports were not until long
Afterwards opened, by recipro-

THE FISHERIES QUESTION.

ri

I !

■orlbod for othor veuoU of tbo
UnlloU Sutus.

I'*.!:

'\''

(linn waters for any piirpono
wliatovor, jixcupt tliow (if bIicI-
tcr, rcpiilrs, and the piiirliiiHo of
wood mid walor. It hiis fro-
quniilly b(3oi) pointed out that uii
Attoiiipt wa» iiiiido, duriiiK the

nOgOtilitioDH Wllicll prC(MMl(Ml tlu)

Convention of 1818, to olitnln for
tbo flshermon of tbo Unitod
StatoH tho right of obtaining bait
in Canadian watorn, and tliot
tbia attempt waa BuccossriiUy re-
Bisted. In spite of thif) Ciict, it is
proposed, under thin Article, to
declare tbat tbe Convention of
1818 gave that privilege, nH well
r.n tbe privilege of piircbuHiug
etber supplies in tbo barboura of
thaDuiuiuion.

onl comniorclut regiilationn, to
vcnmi'Ih of tbii ITuitcd Stales tDl
gaged in trading.

Tbo right to "obtain" (it
take, or tlidi for) bait, wan iim
inMintcd upon by tbo Aiiicii(a.
negotiators, and waH dniililliM ,
omitted from *tlie Treaty, be-
cause, as it would haT(< ixTinit
tod llsbing for that puiposi', ||
wuH a partial roaHHcrtion of tlir
riglit to Hsh 4 ithlu Uw llniilM u {
to wbicli tlio riglit to take tlitli
bad already been expiosHly re- '
noiuiced.

Tlio purcbaBeofbnltnnd other 1
supidies by the American tltil,
ormcn In tbo established portu
ofontrj'of Canada, as prdpcpmil
In Article IV^, is not icgardcil iis
inconsistent with any of tbe pru-
vl'ions of tlio Treaty of 1818;
rjid in this relation it is portl-
sent to note tbe declaration o(
tbo Early of Kimberly, in hiHiet.
tor of I<'et)ruary 10, 1871. to Lonl
Llsgar, that " tbe exolusion uf
" American flslicrmen from re-
"sorting to Canadian jMirts, ex-
" cept for tbe purpose of sbeltor,
"and of repairing da magus
" therein, purchaMing wood, ami
" obtaining water, might bo war-
"ranted by the letter of tho
"Treaty of 1818, and by tho
"terras of tbo Imperial Act 59,
"Geo. Ill, Chap. 38, but Her
"Majesty's Government feol
"bound to state that it seem-'<
"to them an extiemo nu<aHure
"inconsistent with tbe general
" policy of the Empire, and tlioy
" were disposed to concede this
•' point to tbo United States
"Governiuent under such re-
" strictions as maybe necessary
" to prevent smuggling, and to •
" guard against any substantial
"invasion of tbo cxclnsivo
" rights of fishing which may be
"resc' vod to British subjects."

It is not contended that tirn
right to purcba.se bait and sup-
plies, or any other privilege cf
trade, was given by the Treoty
of 1818. Neither was any sjih
right or privilege stipulated for
or given by tho Treaty of 18.")4,
nor by tbo Treaty of Washing-
ton ; and tbo Ilalifax ComuiH-
sion decided in 1877, tbwt it was
not " competent " for that tribu-
nal " to award compensation fur
" commercial intercourse bc-
" tween tbo two countries, nor
**for purchasing bait, ice, sap-

THE FISHERIES QUESTION.

6S

irclul ro|iii1atlonH, to |
tlxt (Tultcil StMloaen
rndliiK.

it tit "oltlalu" (I. t,
»li Cor) bait, w.ih iii,t
ion by tho Aiiicriiai,
I, null w;iH iloiililli'st
oiti 'tho Troiily, Ix
i would havo ])criiiil
: for tlint |mi[M>Hi', It
ial rcaHsfrtiou of tlip
h witUiu tho liinilHi).i |
ho ri}!ht to tiikii Dab
y been oxiiiosMly re-

shnsoorbaitnnilotliet
y tho Aiiiuriciin (1«1;
tho (mtabliHliril ports
Cana<hi, ns pmiiowil
[V, is not ii'Kaiileiliis
it witli any of thopri)-
tho Treaty of 1818;
I relation it ia porti-
to tho (leelaratioii tit
f Kiniberly, hi h Ih lit-
uary 10, 1871, to Lord
it " tho excluHJon of
a fishoimen from re-
I Canadian itortn, ex-
he purpoHo of glieltor,
opairin.i; damii;;«ii
)urch».Minfj wood, aiici
wator, might bo war-
y the letter of the
f 1818, anil by the
tho Imperial Act 159,
(;hap. 88, but Her
Government foci
state that it Boom.i
cxtromo uieaHure
nt with the poncral
Kiiipiro, and tlicy
id to conootlo this
tho United States
it under such re-
may bo necessary
smuggling;, and to >
nst any substantial
of tho exclasivo
shing which may bo
Lritish ouhjeets."
lontendcd that tiie
base bait and sup-
other privilege cf
ven by tho Treiity
ther was any auch
lego stipulated I'ur
he Treaty of IS'il,
•eaty of Wikshini;-
Halifax Corouiis-
n 1877, thirt it was
lut " for that tribii-
l compensation for
iutercoarae be-
,wo countries, nor
iu|; bait, ice, sup-

Ad interim Arrai^nnnent prn-
I,. <rd liy the United Utatcii Quo-
aiitaent.

AimCLB V.

i'lio Gintirnment of Flor Rrit-

I nunie M:i.ii'Kty agree to release

I (ill fiiili d States' llshing vessels

I iiiiw miller seiziiro for failing to

I ii'iidrt at cuHtoiii-liouses when

Bc'iking hliolter, repairs, or sup-

1 iiliea, ami <<» refund all Hoes ex-

I ai ted for Kuch failuio t" repoit.

I And the lli;;h Contracting Tar-

1 tiin nKieo tn appoint a Joint

I CciiiiniisHion to asrortain tho

I oniniMit of daniago caused to

American fishermen during tlm

Mill- 1881) 'ly seizure and detei.-

iiim in violation of tho Treaty of

I 181.'', said Commission to niaVo

uwnrds thciefor to tho parties

iiijiiroil.

Ad interim Arrangeyncnt pro-
piised by the United States' Gov-

enihienl.

AllTICLK VI.

The Government of tho United

SI.1I1H and tho Government of
Uerliritaiiuio Majesty agree to
(live coiHiirrent notification and
wMiiiin;,' (if Canadian Customs
Ui'^'ul.itions, and the United
Siiiti'D agrees to admonish its
lishcimcu to comply witli tliem
mill co-operate in securing their
eufoicement.

Ohiervatinni on Mr. Hayard't
2Ieinurandum.

]ly this Article It is proposed
to give retrospective effect to the
unjustified interpretation sou<:ht
to bo placed on the Convent ion
by till) last preceding Article.

It is a»sunii'd, without disciis-
sion, that all United Stiites' fish-
ing vessels which havo been
seized since the expiration of tho
Treaty of Washington havo been
illegally seized, leaving, as tho
only question still open for con-
sideration, the amount of Uum-
nges for whieh tho Canadian
antboritios are liable.

Such a proposal appears to Her
Majesty's Government quite in>
admissible.

Obaervationf on 2Ir. Bayari't
Memorandum.

This AnicU calls for no ie>
mark.

"pile*, Slc, nor for permlsiilon
" til transship cargoes in llrltiah
"waters." And yet this (lov-
cmnient in nut aware tlint, dur-
ing the exlstrure of tho Treaty
of 1HD4 or tho Treaty ot Wash-
ington, question was ever made
of the right of Annrican tlshor-
nieii to purchase bait and other
supplies in (Canadian ports, or
that such privileges were over
denied them.

Iteply to " Obiervatli n§ " en Pro-
posal.

Abticle v.

This Government is not dis-
posed to insist on the precise
form of this Article, but is ready
to Hubstituto Iherel'or a siibmis-
sion toarliitiatiuu in more gen-
eral tortus.

!■■■ -'•:,<■ -■ '^u'i-.^jrf

.1 ,.-/.:/, J . r

Appendix A.

Ill sn'h capacity, your jurisdiction must bo strictly confided within flie limit of ' three marine
miles of any of tho coasts, bays, creeks or harbors,' of ..'auada, with respect to any acti on you may
lake against American fishing vessels and United States citizens engaged in fishing. Wliero any of
Ihe lia.\ s, creeks or harbors sliail not oxceou ten geographical miles in width, you will consider that
tlie line of demarcation extends from headland io headland, either at the ontrauco to such bay, creek
or li;ii her, or from and between given points on both sides theroof, at any place nearest tho mouth
where the shores nro less than ten miles ajiart; and may exclude foreign fishermen and fishing vessela
tlieiefiom, or seize if found within three marine miles of tho coast.

"Jurisdiction. — Tho limits within whieh you will, if necessary, exorcise the power to exclude United
Slates fishermen, or to detain American fishing vessels or boats, are for the present to be exceptional.
Dillidilties have arisen in former times with respect to the question, whether tho exclosive limits

84

THE FI8HERIK8 QUKSTION.'

h

I

!|

I '

1

i5

•bonltl be iiiuaHUrcd on IIiich <1rawii piiralli'l ovurywlinni to tbi> cnnnt •iid dcmciililuK Iti slnnoNtlioi, or
on lines pruducoil from liciidliinil to licucllaiid hitohn tliot'iitriiiiruM of bnyn, criMikH oi' liiirliorit. Ilir
lIiijKRty's Uovernmmit. aio rlonrly of opinion, tluit liy llio (Nmvontlon nf.lHlS, tliu rultnl Hdilrg liavo
runoiincud the rlulit ut' tlHliinu not only witliin tliroi* niibmof th« (Joloniul Hlion-H, liiit uitliin lliitn
niilcH of a lino drnwn hviohh tli« nioutli of any liritiuli bity or crct^k. It U, liowcvcr. tlio niith of Ilir
Mnjenty'a Oovornment noillior to couceilo, nor for tint ]ir<mi>iit to cnforco nny rli{litri in tliii ronpi'd.
wblcli nro In tboir uaturoopon to nny HorioiiH (lUUHtlon. lentil fiirtbnr InHtrurtod, tlioruforc, yon nili
Dot intfrfvru with any Atnoricun llHlirrmim nnlcHH found witliiu thrconilliifi oftlio hIioio, or wilbin tliri'«
nillcR of » lino drawn ncroBH thoniontbofa bay or crock which U Ichh than ten Kco^rupliical niilcxiu
width. In the caHo of any other buy, nn tlio Day do CImhinrH, for u\amplu, you will not iidnilt iiuy
United StatcH tliibinK vesael or boat, or any Ainericau (lubennen, Insido of ii lino drawn avroMsat that
part of auchbay where its wiilthdoeB not exceed ton miles." (SchhIou Papers, Vol. Ill, Nu. 0, 1870.)

Appendix B.

" In such capacity, year JiirUdlction must be Htrictlyconfldi'4 within tho limit of 'throoniarinonillfi
of any of the coastH, bays, creeks or harbors ' of (Janada, with respect to any act Ion you may take aguiust
Aniericnn tlsbinR vcbhcIs and United States citizens en^^a^ed in tlHJiinjr. Where any of tlio ba.yn,
creeks, or harbors shall not exceed six gcographii al miles in width, you will consider that thj) lino of de.
marcation extends from headland to hoadlanil, either at tho entrance to sui^h buy, creek, or harbor, or
from and between given points on both sides tlieroof, at any place nearest the montli where the shoroi
are less than six miles apart; and may exclude foreign fishenneu and ILsbinK vessels thurelVom, or suizt
U found withiu threo marino miles of tho coast.

" Jurwi/iction.— The limits witliln which you will, if necessary, exorcise the power to exchidoUnitiiil
Rtates llHhermcn, or to detain American fishing vessels or boats, are ior the present to be cxeeptioim!
DKllculties have arisen In former times with respect to the <ino.stiou, whether the exclusive liniitu
should bo measured on lines drawn pacallol everywhere to tlio coast and describing it.s sinuosities, or
• on lines (irodueed from headland to headland across tho entrances of bays, creeks or harbors, IUt
Majesty's Government are clearly of opinion that, by the Convention of 1«18, tho United States have
renounced tho right of fishing not only within threo miles of the Colonial shores, but witliin tliroo nillon
of a line drawn across tho month of any British bay or creek. It is, however, the wish of Her Majesty's
Government neither to concede, nor for the present to enforce any rights in this respect wliieh are lu
their nature open to any serious question. Until further instructed, therefore, you will not interliro
with any American flshermeu unless found within threo miles of the shore, or within thren miles of a linu
drawn across tho mouth of a bay or a creek which, though in parts more than six miles wide, is less than
elx geographical miles In width at Its mouth. In the cane of any other bay, as the lUvi des Clialeuri
for example, you will not interfere with any United States fishing vessel or boat, or any American fluli,
ermen, unless they are found within threo miles of the shore.

"4c(ion.— You will accost every United States vessel or boat actually within three niaiino miles of
tho shore along any other part of tho coast except Labrador and around tho Magdalen Islands, or
within threo marine miles of the entrance of any bay, harbor, orcroek which is less than six geogra])lii-
calmilcs in width, or insideofa lino drawn across any part of such bay, harbor, or creek iit po.iits nearest
to the mouth thereof not wider trt than a'<s. geogr.aphical miles, and if eitlier fishing iiii'jiaringto
fish or having obviously flshe ithin tho exclusive limits, you will, in occordanco witli the above-
recited acts, seize at once any vessel detected In violating tlie law, and send or take her into port for
condemnation; but you are not to do so unless it is evident, and can be olearhj proited, that the offense oj
fithing has been committed, and that the vessel is captured within the prohibited limits." (Session
Papers, Vol. IV, No. 4, 1871.

Appendix C. — Tlie secretary of state for the cohnies to the governor-general.

DowNiso Stbekt, Octofier 10, 1870.

Sib : I inclose a copy of a memorandum, which I have requested Lord Granville to transmit to Sir E-
Thornton, with instructions to communicate with you befont addressing himself to the Government of
Unite<l States on the subject to which tho memorandum relates.

Tho object of Her Majejjty 's Government is, as you will observe, to give ofToct to tho wishes of your
Government, by appointing a joint commission, on viiich Great Britain, tho United States, and Canada
aro to bo represented, with tho object of in(niiring wliat ought to bo the geographical limits of the es
elusive fisheries of the British North American colonies. In accordance with tho understood desire
of your advisers it is proposed that tho inquiry should bo held in America.

Tlio proposal contained in the last paragraph is made with a view to avoid diplomatic difliculties,
which might otherwise attend the negotiation.
I have, etc.,

govcniorGeneral the Right Hon. Sir John Touno, G. C. B., G. C. M.'O,

KUIBEBLET.

TilK FISHERIES QUESTION.

Of)

( Hi alnnOHtlpH, or
(>r ImrUor*. Hit
lUltiMl StiitPS liavo
, liut wllliiii llircii
r. llin wIhIi of llrr
U III tliiH roHpi'd.
lluiiufon', you will
>i(), or wllliiii throe
mrajilili'al nilh'sin
will ii()t iidnilt liny
awn iicroHnat llmt
in, No. 6, 1870.)

' tliroomnrlnorailM
iminii.v takoa;;iuuiit
n ony of tlio Im.vH,
• that till) l'i>" •*•''«■
citiok, or harbor, (ir
U wliuro the sboroa
I thorcfiom, or suite

or to oxclmlo United
t to hi! oxooptioiml
,ho (ixclusivo limit*
lig ItH Biiiiiositli's, or
.a or luu'borH, Her
Unit ml States have
It within tl'.roo niilos
Ish of ITiir Majesty's
respect which arc iu
au will not intorfi^rc
I three miles of a lino
iloHwitlo.ls less than
Ihe H'l'j den i.'haleun
any American lisli,

hroo marino miles of

lla<;ilaleu Islands, or

than His <;ro>;;ri'|il''-

•li. iit iiointsneaii'st

Isliinu', pn'parin^to

nco with tlio above-

lake her into port for

cJ, that the offennc oj

ti liniita." (Seasiou

Vor-general.

It, October 10, 1870.

I to transmit to Sir E-

1 the Government ot

the wishes of your

; States, nnil Canada

Ileal limits of the ex

Tie understood desiro

Llomatic difficulties,

KlUBBULET-

MemoranHiim for foreign offlee reipcctintj a comminsion to lettle limili of tkt right c/et-
ctunivejhhery oh the coast of Urltish North Ameiica.

"A eon»en»lon nimle between Oreat Urltnln »nrt the United Statoi, on the 20th October, 181R, after
ndurinif I" .\Mierle«n flsh<«rinin eertain rl){lit« to bo oxoroiscd on part of the coast* of Newfoundland
iHil Liilini'l'ir, proeeeded as fellows;

" '.Villi lliii I'niti'd States hereby renounce forever any liberty heretofore enjoyed or claimed by the
iiiliiiliiliiMti thereof to take, dry, or euro llsli onnr within three mllesof any of the coasts, hays, creeks,
ur harbors el' Ills Urltannii^ Majesty's dominions iu America not liicliuled within the above limits.'

"The liuht ef <iroat Itritaln to exclude /VinerlcMiu tlshermou from wat«<rs within three miles of the
i'iin!«t Is uiiaiiiblKUous and, it is believed, iineontested. Itut there appears to he some doubt what are
tjiii waters drscrihed as within three miles of bays, creeks, and harbors. When a bay Is li -s than six
iiiihw hroiiil, lis waters are within three miles limit, and therefore dearly within the raeaninft of the
tri atv ; hilt when It Is more than that breadth, the question arUoa whether it is a bay of Her BrI tannic
.Miijiitt.v''"l"''i'uions.

" This Is o (luostlon which has to be considered In each particular case with regard to international
l.iw mill usat'o. When such a hay, etc.. Is not a hay of Her Majesty's dominions, the American Hsh-
einiin will he entitled t«> fish In it, except within three miles of the ' coftsti' ' when u U » bay of Her
M;i{i'sty'H dominions,' they will not be permitted to fish within three m.'lea of it; that is to say (it is
iiri'Hiiniril), within three miles of a line drawn from 'headland to headland.

"It is desirable that the nritishand American Oovernments should come toaclear nnderstandin;" in
t!ieriuioof each bay, creek, or harbor what are the precise limits of the exclusive rights of Oreat
Ilri|«in, and should deflne those limits in such a way as to he Incapable of dls,')ute, either by reference
In lb« bearings of certain headland, or other objects on shore, or by laying the lines down In a map or
iliiirt.

" With this object It Is proposed that a commission should be appointed, to he composed of repre-
I m'ntatives of Great Britain, the United States, and Canada, to hold its sittings in America, and to re-
jl„irlto tlie British and American Oovernments their opinion either as to the exact geographical limits
jtn whieh tlie renunciation above quoted applies, or. If this found I m practicable, to suggest some line of
ihlineiitioii ahmg the whole coast which, though not in exact conformity with the words of the con ven-
I tiiiii. may appear to them consistentln substance with the Just rights of the two nations, and calculated
I to I eiiiovo oixasion for further controversy.

"It is not Intended that the rosul s of the commission should necessarily be embodied In a new con-
jventinn between the two countries but if an agreement can he arrived at, it may be sufflclent that It
jslioiilil 1)0 in the form of an understanding between the two Governments as to the practical Intec-
[t)ii!Utivu whiob shall be filven to tke convention of 1818." (Session Papers, 1871.)

No. 322. ' '

: • Mr. Phelps to Mr. Bayard.

[Extract]

Legation op the United States,
London, August 2, 1887. (Received August 13.)
Sir : I have the honor to acknowledge the receipt of your instruction
lof tbo ]2th ultimo, inclosing two copies of your " proposal for an ar-
liaiijjeinent," with the Canadian " okservations" and your reply thereto
jlHiiiled in parallel columns, and to inform you that' I have commuui-
Iciitud a copy of the same to Lord Salisbury.

I have, etc.. E.J.Phelps.

No. 325.

, Mr. Bayard to Sir L. 8. Sackville West

Department of State,

Washington, December 11, 1886.
SiE : I have the honor to acknowledge your note* of the 7th instant,
jwitli which you communicate, by the direction of the Earl of Iddosleigh,
la copy of the report of a committee of the privy council of Canada,

S. Ex. 113-

* Printed, p. 491 Foreign Relations, 1886.

I''

te:*

66

THE FISUERIES QUESTION.

apr roved October 26 last, wherein the regiet of the Canadian Govern-
ment is exjjresvsed for the action of Captain Quig'e.v, of the Canarlian
Governmeur cruiser Terror, in lowering the flag of the United States
Ashing schooner Marion Grimes whilst under detention by the customs j
uthorities, in the harbor of Shelburne, Nova Scotia, on October lUast,
Before receiving this conimunication I had instructed the United I
States minister at London to make representation of this regrettable ]
occurrence to Her Majesty's minister for foreign affairs, and desire now ]
to express ray satisfaction at the voluniaiy action of the Canadian |
authorities, which, it seems, was taken in October last, but of hicb I j
had no intimation until your note of the 7th instant was received.
1 have, etc.,

T. F. Bayard.

No. 327.

Sir L. 8. Saclvillc West to Mr. Bayard.

Washington, December 24, 1880. (Received December 27.)
Sir: With reference to your note* of the 11th ultimo, I have the honor
to inform you that I am requested by the Earl of Iddesleigh to acquaint
you that Iler Majesty's Governmer.t have desired the Canadian Govern-
ment to furnish them with a report on the circumstances attending the
alleged inhospitable treatment of United States fishing schooners Laura
Saptcard and Jennie Seaoers by the Canadian authorities.

I have, etc.,

L. S. Sackville West.

No. 328.

Sir L. S. Sackville West to Mr. Bayard.

Washington, January 6, 1887. (Received January 7.)
Sir: With reference to your letters! of the 19th and 20th October, I
have the honor to transmit to you herewith reports from the Govern-
ment of Canada relative to the cases of the United States fishing vessels
Pearl Nelson and Everett Steele, which I have been instructed by the
Earl of Iddesleigh to communicate to the United States Government.
I have, etc., > ^ ^

L. S. Sackville West.

* , [Incloanrel.] '.[■h.}''-: :;>'i ''K [,.

The Marquis of Langdowne to Mr. Stanhope.'' '^—^^■^- -

GovEiSNMKNT House, Ottawa, JVoiJe?ft?)cr 29, 188G,
SiK: I have tho honor to tranNinit herewitli ai copy of an approved miuute of the
privy council of Canada, furuisbiujj the rt^port asked for in your telegrajihic message

* Printed, p. 425 Foreign Relations, 1H86.
tPrinted p, 421 Foreign Relations, 1886.

THE FISHERIES QUESTION.

67

ot tlio (itli Novombor, with rofereuco to tbo detention of the American scLoouer Everett
Sttcic, at Shtlbnnie, Nova Scotia, for an infraction of the customs regulations of the
Dominion.

1 have, etc.,

Lansdowne.

[Inclo8nre2.]

Report of a commHtee of thehonorahle the privy council for Canada, approved by Ma excel-
lency the governor-general in council, on the ISth November, 1886.

Tho (.oiniuictoo of the juivy council are in receipt of a tolegiani from the right hon-
or-'iblo the .secretary of state for the colonics, in the words:

"Uiiitt'd States Goverumcnt v'l'otest ag.iinsS proceedings of Canadian authorities
in tlio case of Pearl Nelson aud E>'erelt Steele, said to have put into Arichat and Shel-
burne, resi>ectively, for ])nrposct: sanctioned by convention. Particulars by post.
Send report soon as possibh^"

Thci minister of marine and fisheries, to whom the telegram was rofl3rred, submits
thiit the. schooner Everett Steele appears from the report of the collector of customs at
.slipll)nrno to have been at that port on the 25th March last, and sailed witliont re-
nortiiifj. f'n lit^r return to Slielburue in September siie was detained by the collector
uf r.nstdnus for an infraction of the customs law.

The captain having assured the collector that he had been misled by the deputy
liiirbor-niaster, who informed him his vessel could remain injiort for twenty-four hours
without entering, and that he had no intention of violating the customs regulations,
this statement was reported to the minister of customs at Ottawa, when the vessel
was at once allowed to proceed to sea, and that no evidence is given of any desh'e or
intention of denying to the captain of the Everett Steele any treaty privileges he was
entitled to enjoy.

Tiio committee, concurring in the above, respectfully recommend that your excel-
li'iR-y lie moved to transmit acopy of this minute, if approved, to the right honorable
the secretary of state for the colonies.

All of which is respectfully submitted for your excellency's approval.

John J. McGee,

Clerk Privy Council,

' ■ ■" ' [Iiiclosure 3.] ^r- -■ i ',.

The Marquis of Lansdotone to Mr. Stanhope. ■' -' ■

:;•. , GovERXMKNT House, Ottawa, iS^otemfter 29, 1886.
Sin: With reference to your telegrajdiic message of the Cth instant, asking to bo
furnished with a report in the case of the Pearl Nehon and Everett Steele, I have the
honor to transmit herewith a copy of an approved minute of the privy council of
I'.iiiiida, embodying a report of my minister of marine and fisheries, to which is ap-
jiemled a copy of the correapoudeuco which has passed between the commissioner of
(iistonis for Canada and tho Unite<l States consul-general at Halifax relating to the
i;aso of the Amoricau schooner i'earZ ^e/«on.

I have, etc., ,

>---i '• Lansdowne.

[Inolosnre 4.]

Ueport of a committee of the honorable the privy council for Canada, approved by hia excel-
lency the governor-general in council, on the I8th Novemher, 1886.

Tlie connnittoe of tho privy council are in receipt of a telegram from the right hon-
orablo the secretary of state for tho colonics, in the wonls:

"United States Government protest against proceedings of Canadian .authorities
iucasoof Pearl X<^son and Everett Steele, said to have put into Arichat and Shelburne,
i;'s]iectively, for ])inposes sanctioned by convention. Particulars by post. Send re-
I'di f soon as iiossiblo."

Till) minister of nmriiM* and lishories, to whom the telegram was referred, submits a
o'ipy of a letter addn'ssed- by tho conuuissioiier of cuKtoms for Canada to the cousul-
gi'ueral of tho United States at Halifax ,and also a co))y of Mr. Phelan's reply thereto.

Tho minister suumits that it is clear, from Captain Kempt's atlidavit, that he was
Kiiilty of ail infraction of tho customs rognhitious in allowing men to laud from his
vc88"l bofon> siie had been reported, and tho niiuister of customs having favorably

fp

1

hi

68

THE FISHERIES QUESTION.

consiflerefl Ciiptain Kompt's rcprcsentatioi ,is to his ignorance of the cnstoms regn.
lations rcquirius that vessels nlioul(l be roported before landing either men or cargo I
therel'roni, has remitted the line of $2W which had been imposed in the case of the |
American selionner Pi'.arl NeUon.

The minister fnrther submits that it would appear from the collector of customs'
rc])ort that his remark that "he would seize the vessel" hiid reiV^rence solely to Iitr j
violatiiou of the customs law, and that no evidence is given of any desire or intention i
of denying to the captain of the Pearl NeUon any treaty privileges he was entitled to |
enjoy.

The committee, concurring in the above, respectfully reconunend that your exee!-
lency be moved to transmit a copy of this minute, if approved, to the right honorable ]
the secretary of state for the colonies.

All which is respectfully submitted for your excellency's approval.

John .1. McGek,
Clerk I'rivy Council, Canada,

, [luclosuro 5 I ■ - .■ ,

.■.'•.■■ t> , ■ \ • ■ *" * ■;-■.•,■■;'■,. '.,■■■

* - ■' V , ■ ■.., ,, ,'| . . '. ■ . J- -J

' • Mr, Parmelee to Mr. Pliclan. ;-

Ottawa, October 22, 188^.

Sir ; I have the honor to acknowledge the receipt of your letter of the 11th instant,
re seizure of the American schooner iVarJ J^'tisoH for au infraction of the customs |
laws, etc. •

The commissioner of customs' report in connection with this matter, which has been |
approved by the minister of customs, reads as follows:

" The undersigned, having examined this case, has come to the conclusion that the I
cai)tain of the vessel did violate the provisions of sccticms '25 and 180 of 'the cus-
toms act, iHdJJ,' by landing a number of his crew before going to the custom-house to I
re|)ort ; that his plea of having come into port solely from stress of weather is incon-
sistent with the circumstances, and is denied by the collector of customs, who reports I
that ' the night was one of the finest and most moderate experienced there this sum-
mer,' and that ' his crew were landed only in the morning.' That even if the ' stressi
of weather' plea was sustained by facts it would not exempt him from the legal re-
quirement of reporting his vessel before 'breaking bulk' or landing his crew, audit
is evident that there was nothing to hinder his reporting, as the crew appear to have!
had no difliculty in handling the vessel's boats ; that it was very easy for the crewiir j
any of tikem to have taken valuable contraband goods ashore on their persons in tiiel
absence of any customs ollicer at the landing-place. Inasmuch, however, as there isl
no charge of actual smuggling preferred against the vessel, the undersigned respect-f
fully recommends that the deposit of $200 be refunded, deducting therefrom any ex-j
peuses incurred.

"J. Johnson.''

I trust the above may be considered a satisfactory answer to your letter referred to,|
I have, etc.,

W. G. Parmelke,

Assistant Commiasioncr,

[Inclosure 0.1

Mr. Phelan to Mr. Parmelee,

Halifax, November 2, 1880.
Sir: I have the honor to acknowledge the receipt of your comnntnicatinn of th(|
22d ultimo, concerning the action of the cusionisd(!|)artnient of Canada in the case ofl
the American Rchoonor Pearl Nelson, and to say I was much pleased at the decisioDl
arrived at in that case. I have informed the Government of the United States tbat|
the fine in the case referred to was ordered to be refunded.

I have also to say that the Department of State, in acknowledging the receii)t oil
a dispatch from me setting forth that you had jjlaced all the pai)ers in the canes ofl
the American schooners Crittenden awA llulbrookiu my I'lnds for itenisal, said: "Tbi
attonfion of Mr. Parmelee in referring the matter to y</U is appreciated. It showsil
proper spirit."

I trust the department uf customs will pass ou the other cases as suou as possible.!
I have, etc.

M. H. Phklan,
Consul-Gencral

THE FISHERIES QUESTION.

69

, which has been I

:Mo. 329.

Sir L. 8. SacJcville West to Mr. Bayard.

British Legation,
Washington, January \{i, 1887. (Received January 21.)

Sir : With reference to your note* of the 23(1 of September latst, I bave
the honor inclose to you herewith a copy of a dispatch from the gov-
oniorgeneral of Canada to Her Majesty's secretary of state for the
colonies, inclosing a report from his Governmout on the case of the
United States fishing vessel Crittenden.

1 hay.

I (jlG**

L. S. Sackville West.

[Inclosaro 1.1

Lord Lanadowne to Mr. Stanhope,

Canada, Government Housb,

Ottawa December 4, 188(5.
8iR : In reply to yonr dispatch of the 12th of Ottober last, trausmitf ing a copy df a
Iftttcr with its inclosuro from the foreigu oflico, rciniestiiig to be furnished with a ro-
jiort in the case of the United States tiHhin*^ vessel Crittenden, I have the honor to
forwiird herewith a copy of an approved niinnte of the orivy council of Canada etu-
bodyinij a report of my minister of marine and fisheries, to which is appended a state-
ment of the customs officer at Steep Creek on the subject.
I have, etc.,

;, Lansdownk.

[Inclosnre 2.]

Certified copy of a report of a committee of the honorable the privy council, approved by his
excellenoy the goinrnor-general in council, on the lath November, lHe!6.

The committee of the privy council have had nnder consideration a dispatch, dated
VHh October, 1886, from the secretary of state for the colonies, transiiiittinjj; a copy
(It'll letter from Mr. Bayard, United States Secretary of State, to the British minister
lit Washin.;ton, calling attention to an alleged denial of the rights guaranteed by (he
couvcntion of 1818 in the case of the American tishing schooner Crittenden by the cus-
toms othcer at Steep Creek, in the Straits of Canso, Nova Scotia.

The minister of marine and lishcries, to whom the dispatch and inclosnre Avere re-
IVrrt'd, submits a statement of the customs officer at Steep Creek, and observes that the
i-'iiptain of the Crittenden violated the customs laws by neglecting to enter his vessel,
as requested by the customs offlrser, and landing and shipping a man clearly exceeded
iiiiy treaty provision he was enfitled to avail himself of.

it would appear that the remark made by the customs officer " that he would seize
the vessel" had reference solely to the c itaiu's violation of the custoius regulations,
and, the minister submits, cannot be construed into a denial of any treaty privileges
tl'.i! master was entith H to enjoy.

The committee, concu ing in the above, respectfully rccommen<led that yonr ex-
cellency be moved to iui in the right honoraWIe the secretary of state foi the colo-
nics in the sense of the p irt of the ministry of marine and lishcries.

All which is respectfully ubmitted for your excellency's approval.

John J. McGr.K,
! * ' , ^ ^ Clerk Frivy Council.

soon as poss

.. .* . [IncloRure 3. 1

■ Mr. Carr to tlie Minister of Marine and Fisheries.

Steep Creek, Xovember 1, 1886,
Sir: Yours of the 28th of October came to hand to-day, and, in reply, can state to
yoii that part of the crew of the schooner Crittenden came on shore at Stet>p Creek
and lauded their barrels and till them with water. I went direct to the men who

'Printed j).414 Foieigu Eelations, 1686.

i

pip

70

THE FISHERIES QUESTION.

were lilling the barrels, and tolil thom to como and enter before taking wood imn
water. They said they would not enter or make any report. I told them that 1
would seize the schooner Crittenden for violating; tin* customs laws. They said they
would risk that, as the schooner was now out of (ho way about .'? miles from niy
station down the straits, and it was impossible for mo to board the vessel. They also
landed a man the same day with his eU'ects, and on their return from Gloucester to
the Bay St. Lawrence they shipped a man. Was lookingout for the vessel, l)ut could
not catch her. I reported tho case to the collector of customs at Port Hawkesbury,
and on tho schooner Crittendcn'8 return from the Bay St. Lawrence she was seiziMl,
and Collector Bourinot frot tho aflidavits of the captain of the said schooner and ahn
of some of the crow, which ho stated to tho department. I was in tho office at tho
time when Collector Bourinot received a telegram from tho department to release the
schooner Crittenden ou tho deposit of $400.
I remain, etc.,

James H. Cakr,

Pro Collector,

No. 330.

IL>

l' ■■::':«

ir

Mr. Bayard to Sir L. S. Suclcville West.

I '■ Department oy State,

• i , ' • ■ V . Washiufjton, January 27, 1SB7.

Sir : I have the honor to inclose a copy of an aiHdavit of the captain
and two members of the crew of the schooner Sarah II. Prior, of Bos-
ton, statin;; the refusal of the ijaptain of the Canadian revenue cutter
Critic to ])ermit the restoration to the former vessel, in the port of Mal-
petiue. Prince Edward Island, of her large seine, which she had lost at
sea, and which had been found by the captain of a Canadian vessel, who
ollered to return the seine to the Prior, but was prevented from doing
so by the captain of the Critic.

Tliis act ./f prevention, tiie reason for which is not disclosed, practi-
cally disabled the Prior, and she was compelled to return home without
having completed her voyage, and in debt.

I have the honor to ask that Her Majesty's Government cause inves-
tigation of this case to be made.

I have, etc., '-':■ T. F. Bayaed.

[Incloaure 1.] t .■•: i :;.,: Ja :^; f .

• ; .. Mr. Pnor to Mr. Bayard, i ;

Boston, December 28, 1886.
Dear Sir : I wrote to Senator W. P. Frye, setting forth in my letter tho facts cou-
taiueil in the affidavit inclosed. Ho wrote me to have it sworn to and to soud it to
yon, which I have <lone. Will you please let mo know what course is best to pursno
in refjard to it, whether to enter a claim or not ? I think it is a clear, stroujr case, aud
the claim would be a just one, and will bo pleased to receive your advico in tho matter.
Yours, very truly,

P. H. PlUOR.

[IncloHore 2.] ' ■.

Affidavit of the captain and creiv of the schooner Sarah II, Prior.

On this 128th day of December, A. D. 188fi, personally appeared before me Captain
Thoums McLangliVm, master, and George F. Little and Charles Finnegan, two of tlio
crew of the schooner Sarah II. Prior, of Boston, and being duly sworn, signed ami
niiide oath to the following statement of facts:

On September 10, 1H8C, the schooner Sarah H. Prior, while rnnning for Malpeqne,
Priuco Edward Island, and about seven miles from that port, lost her large seiue.

THE FISHERIES QUESTION.

71

Four days afterwards tlio schooner John IiujuUx, of Halifax, N. S., Captain Wolfe,
caiue into Malpequo and bad the seine on board, which she had picked up at seu.
Captain VVoIi'c ottered to deliver the seintito Captain McLanj^liliii in consideration of
tweuty-fivo dollars, which offer the latter accepted and paid him the money. The
Canadian revenue cutter C'riiio, Captain McLearn, waslyiiif; at MalptMineatthe tinre,
and Captain McLaughlin wont to see him, to ascertain if there W(mld l>o any trouble
in delivering the seine. Captain Mcljcarn would not allow tlie captain of the .7o//n
Inqalh to give up the seine, so the latter returned the twenty live dollars to Captain
McLaughlin.

The schooner Sarah H. Prior had two seines, one large and one small size. It was
the largo one which she lost and the schooner John Inf/alh picked up. She had to
leave Malpeque without it, and consequently came homo with a broken voyage and
in debt.

Tiios. McLaugiiun.
G.»;ouGK F. Little.

' , '^ CUAULKS FlXXKGAN.

SUFFOtK, H8 ••

BosTOX, December 28, 1886.

Personally appeared before me Thoma.s McLanphlin, George F. Little, and Charles
Finnegan, who signed and made oath that the foregoing stfttoment was true.
[seal.] Charles W. Hallstrain,

A'olary I'ublio,

No. 331. . ' ' A

Sir L. S. SacTcville West to Mr. Bayard.

Washington, January 28, 1887. (Received January 29.)
Sir: I liave the honor to acknowledge the receipt of your note of
yesterday's date, and to inform you that I have submitted the case of
the American schooner Sarah H. Prior to Iler IMajesty's Government
for iavestigation, as requested by you.

I have, etc., L. S. Sackville West.

p. H. Piuoii.

- ""^'■■^. ■civT- -'.-"■' No. 332. .;. :::-f;"^ :?::;"";;■...,;■'■':, .

t Sir L. S. SacTcville West to Mr. Bayard, a •

Washington, January 28, 1887. (Received January 29.)
Sir : With reference to your note* of the 20th of May last, I have the
honor to transmit to you herewith copy of a report by the minister of
justice of the Dominion of Canada upon the seizure of the American
flsJiiug vessel David J. Adams, which I am instructed by Uor Maj-
esty's principal secretary of state for foreign alfairs to (iominunicate to
the United States Government.

1 have, etc., L, S. Sackville West.

[Inolofare 1.] ,.'./.- v ^ '■ v
The Marquis of Lansdoipne to Mr, Stanhope. . -

GOVERWltfKXT HODSE, OTTAWA,

Novcmlcr 9, IHtiG. (Received November 22.)
Sir: With reference to Earl Granville's dispatch of the 24th June last, rcspectinjj
tbe fisheries question and inclosing copies of two letters' from the foreign ottlco and
one from the United States minister in London, addressed to the secretary of state

T- II ■■. ■ II. ■ II...— ■■■■- -^^»l i ... — - . ■ .. -. ....— . ...I. . ■■. I II !■ I ■■ II— I. IM ■ I i I«I«IB»

* Printed page 377, Foreign Relations, 1680.

I

72

THE FISHERIES QUESTION.

i'or Inrciu:!! iiU'iiirs, I Iiiis'i* tin) honor to trniisniit liorowitli n copy of an niyprovrd min.
iile of tin- ])iivy cotiiicil of C'iuiiulii coiienrriii'^ in a r^iwirt of tlio luiniHlcr of justice I
(U'iiliiijt witli tln» iiointH laiHCfl by Mr. Phelps in his uoto of the 5iil Juno last on the j
snhjiuit of the seizure of the United States fishing vessel DavidJ. Adams, near Digby,
Mova Scotiu.

I have, etc.,

Lansdownb.

'i. ' I

[iDcIoRnro 2.]

1 1 1 <

•I

_ ' ' *■

lea

m^

Cerfifed copi/ of a report of a committee of the honomhle the priry council for Canada,
approved by his excellency the administrator of the Government in council on the iid Ao-
vember, 1886.

The committee of tho privy conncil have had under consideration a dispatch dated |
iilth Jnne, IbBli, from the right honorable tho secretary of state for tho colonies resix-ct-
ing the lislierie.s question, and inclosing copiesof letters on the subject from the foreign
ollice to tho colonial oliico, and of one from Mr. i'heliis to the secretary -^f state lor
loreign affairs.

The minister of justice, to whom tho dispatch and inclosures were referred, sub-
mits a report thereon herewith.

The committee concur in the said report, and advise that your excellency he moved
to transmit a copy thereof, if approved, to tho right honorable the secretary of state I
for the colonies.

All of which is submitted for your excellency's approval.

• John J. McGee,

,1 ; 1 ' '., Clerk Frivy Council, Canada,

[Inclosuie 3.]
Report of the Minister of Justice.

.il.C,vi.,fc,

Department OF Justice, Ottawa-,

July 22, 1886.
To his Excellency the Jdministrator of the Gorcrnment in council:

AVith reference to the dispatch of the 24th Juno last from the secretary of state for
tli(! colonies to your excelloucy, respecting the fisheries question, and inclosing copies
of letters on tho subject from the foreign ofHceto tho colonial oflico and of one from
Mr. Phelps to the secretary of state for foreign affairs, the undersigned has the honor
to report as follows :

The letter of Mr. Phelps seems designed to present to Earl Rosobery the case of the
David J. Adams, the fishing vessel seized a short time ago near Digby, in the province
of Nova Scotia.

Mr. Phelps intimates that he has received from his Government a copy of the re-
port of tho ccnsul-gen<i|ral of the United States at Halifax, giving full details and
<lei)osition8 relartiug to the seizure, and that that report and the evidence annexed to
it, appear fully to sustain the points which ho had submitted to Earl Rosehery at au
interview which ho had had a short time bel'oro tho date of his letter.

Tho report of the consul-general and the depositions referred to seem not to have
been presented to Earl Rosehery, and their contents can only he inferred from the
statements made in Mr. Phelps's letter.

These statements appi >• to ho based on the assertions made by the persons inter-
ested in the vessel by way of defense against the complaint under which she was
seized, hut can not be regarded as presenting a full or accurate representation of the
case. The undersigned submits tho facts in regard to this vessel as they are alleij^d
by those on wliose testimony the Government of Canada can rely to sustain the seiz-
ure and detention.

THE OFFENSE AS TO THE TREATY AND FISHERY LAWS.

The David J. Adams was a United States fishing vessel. Whether, as alleged in
lier behalf, her occnjiation was deep-sea fishing or not, and whether, as suggested, she
had not been engaged, not was intended to be engaged, in fishing in any limit pre-
scribed by the treaty of 1H18 or not, are qnestions which do not, in tho opinion of the
undersigned, affect the validity of the seizure, and of tho proceedings subsequent
thereto, for reaeona 'whioU will be beieafter stated, but in eo fur aa tiiey may be deeued

THE FISHERIES QUESTION.

73

Lansdowne.

e referred, sub-

material to tlio dcfonsc they .'iro qtiestioiiH of fact, which rciiiaiu to Ito proved in the

nco-fiiliiiiralty nonrt at Hiilitiix, in whicli tli<i procci'dinKH lor Hie vcHmd'H condeninii-

Itioii ai'ii pt'iulinjr, and in rcHiicct of wliicli proof Ih now Ix-inj^ taken, and inaHnnichiiH

Itlii' tiiid '"'" ""'' '"'*-'" eonc^Indcd (niiicli Icmm a deeJHlon reaclicd), it is pi'rhiips pnnia-

Itnro for Ml'. I'helps to claim llm restoration of tlio vcssi-I, and to assiu't a rifjlit to

Idamai'cs for lier detention, on tlni aKsnniplion of the Hnppo.scd faetH lietorerefcired to.

I It i8iill('f^<'<l in the eviden"e on belialf of Iho iiroKcciition tliat the IhirUl •!. Adams,

Ihciii ' a United States lislunj^ vessel, on tlm niornin<; of thti M\\ of May, IHHCJ, was in

Iwii.'.r is called the Annapolis ISahin, which is a liarlior on the norlh\v<'st <'<iastof

Ko\ii Scotia. Mho was several miles witliin the liasin, and tlujexcnse snj^ffcslcd (that

the v'uptiii" and cr(^w may have been tlw^re tIiron{;h ii niisa|ii)rclw'nHi<)n as to the lo-

ciililN ) hy the words of Mr. Phtdps's letter, " Dighy is a small tibhiiiir s(at lenient, and

its liin')or not defuuHl," is unworthy of nuicli consideration.

DJirliN is not a lishing settlement, althounh some of the t>eople on the nei^jhhoring
hIioivs cnj,'a<;o in iishinj?. It. is a town witli a iiopulat ion of ahoiit "2,000 jiersons. Ita
Larliiir is formed hy the Aninipolis Hasin, which is a larn;e inlet of the Hay of l-'iindy,
1 and the entrance to it consists of a narrow strait nu'.rked by conspicuous lieaiUands,
wliieli are little more than a ndle apart. The entrance is called " Dij.;by Gut," and
for all ])uri)ose8 connected with this inquiry the harbor is one of the best dedued ia
j America.

The IhirUlJ. Adnma was, on the morning of the 5th day of May, 1880, as has

i already i)een stated, several miles within the Gut. She was not there for the purpose

of "shelter," or "repairs," nor to " ptiridiase wood," nor to obtain water. .She ro-

uiaiiied there durinjf the ."ith and the (ith of May, 1H8G ; she was lying at anchor about

biilf ainile from thci shore, at a locality called "Clements West."

On the morning of the Gth of May, 18fl), the captaiu niadoapidication to the owners
of a fishing weir near where he was laying for bait, and purchased 4i barrels of that
article. Ho also purchased and took on board about two tons of ice. While waiting
at anchor for these purposes the name of the vessel's " hailing place" was kept cov-
ered by canvas, and this concealmeut continued while she afterwards sailed down
past liigby.

Oneof the crew rej)re8onted to the persons attending the weir that the vessel he-
longed to the neighboring province of Now Brunswick. The captain told the owner
of the weir, when the treaty was spoken of by the latter, that the vessel was under
British register. The captain said he would wait until the next morning to get more
bail; from the catch in the weir which was expected that day. At daybreak, how-
ever, on the morning of the 7th of May, 18^(5, the Government sle.amer Lavxdowne
arrived ofl' Digby, and the David J. Adams got under way without waiting to take
in the addil ioiial supply of bait, and sailed down the basin towards the Gtit.

IJi'fore she had passed Digby she was boarded by the tirst orticer of the J.atisdowne,
and to him the captain made the following utatement : That ho had come to that. i)laoe
to Bco his people, as he had formerly belonged there; that he had no fresh bait on
board, and that he was from the " Banks," and bound for Eastport, Me. The oflicer
of the Lansdowiie told him he had no busiuess there, and asked him if he knew the
law. His reply was, " Yes."

A few hours afterwards, and while the David J. Adams was still inside the Gut,
tL(! oflicer of the Lansdoivtie, ascertaining that the statements of the ca]>tain were
iintnie, and that bait had been i)nrcha8ed by him within the harbor on the previous
(lay, retnrned to the David J. Adams, charged the captain with the offense, and re-
ceived for his reply the assertion that the charge was false, and that the persim who
g.ivo the information was a " liar."

The ollicer looked into the hold of the vessel and found the herring which had been
purchased the day before, and which, of course, was perfectly fresh; but the captain
declared that this " bait" was ten days old.

The ollicer of the Lansdowiie returned to his ship, reported the facts, and went
agaia to the Adams, accomi)anied by another ofBcer, who also looked at the bait.
Both retiirned to the Lansdowiie, aiul theu conveyed the Adams the direction that
sho should como to Digby and anchor near the Lansdowiie. This was, in fact, the
seizure.

These are the circnmstanccs by whicli the seizure was, in the opinion of Mr. Phelps,
''much aggravated," and which make it seem very apiiarent to Inm that the seizure
" was not made for the imrpose of enforcing any right or redressing any wrong."

The fact that the seizure was preceded by visitations and searches was due to the
statements of the master aud the reluctance of the olllcers of the Lansdowiie to ea-
forco the law until they had ascertained to a demonstration that theoti'cUBO had been
comuiitted and that the captain's statements were uutrue.

TUE OFFENSE A8 TO CUSTOMS LAWS.

The David J. Jdawa, as already stated, was iu harbor upwards of forty-eight boors,
•ndwbeu seized wasproceeding to sea without having been reported at auyouutoms-

THE FISHERIES QUESTION.

i-«

U\

hoiigo. Her bnfiinoss was not. sncli as to malto it linr interest to atfract tlioattontinu
of tlio Caniulian uutlioritieH, iind it \h not dinicult, ilieroforo, tocon.it'Otnro th«roa8on j
why who was not no reported, or in woo tliat tlio reason put forward, that Digby i% \
bill " a small lii>hiij<; sottleiiient and its harbor not doliued," i8 a disingonuons one,
In going to the weir to purchase bait the vessel passed the custom-house at Digby
almost within hailing distance. When at the weir sho was within 1 or 2 miles of |
another custom-house (at Clementsport), and witliiu about 15 miles ot another (ut
Annaitolis). The nnister has not assertiul that ho did not know the law on this sub-
ject, as it is established that ho knew the law in relation to the restrictiouou foreign
tisliing vessels.

The provisions of the customs aot of Canada on this subject are not essentially tlif.
forent from those of his own country. The ca))lain and crew were ashore during tbe
51 h ami (ith of May, IHSG, The following provisions of the customs act of Canada !
aj)ply :

"Thomastorof every vessel coming from any port or place ont of Canada, or coast-
wise, and entering any port in Canada, whether laden or in ballast, f "'.all go without
delay, when such vessel ia anchored or nu>ored, to the custom-house for the port ot
place of entry where ho arrives, and there make a report in writing to tho collector
or other proper oUieer of tho arrival and voyage of such vessel, stating her name,
country, and tonnage, the port of registry, thonamoof the master, the country of tho
owners, the number and names of tho passengers, if any, tho number of tho crew,
and whether the vessel is laden or in ballast, and, if laden, tho marks and numbers
of every package and parcel of goods on board, and where tho same was laden, and
the particulars of any goods stored loose, and where atid to whom consigned, and
where any and what goods, if any, have been laden or unladen, or bulk has been bro-
ken during tho voyage, what part of tho cargo, and the number and names of the
passengers which nr« intended to be landed at that port, and what and whom at any
other port in Canada, and what part of the cargo, if any, is intended to bo exported
in tho same vessel, and what surplus stores n^main on board as far as any of such
particulars are or can be known to him." (40 Vic, cap. 12, sec. 25.)

"The master shall at tho time of making his rcjiort, if required by the ofiQcer of
cnstonis, produce to him the bills of lading of tho cargo, or true copies thereof, and
shall make and subscribe an allldavit referring to his report, and declaring that all
the statements made in the report are true, and shall further answer all such tiuestions J
coucorniug tho vesse' and cargo, and tho crew, and tho voyage, as are demanded of
bim by such otricer, ami shall, if required, make the substance of any such answer
part ot his repr)rt." (4() Vic, cap. 12, sec. 28.)

"If any goods are unladen from any vessel before such report is made, or if tbe
master fails to make such report, or makes an untrue report, or does not truly answer
tho questions demanded of him, as provided in tho next preceding section, ho shall
incur a penalty of §400, and the vessel may be detained until such penalty ia paid."
(41) Vic, cap. 12, sec. 28.)

PROCEEDINGS KOLLOWINQ THE SEIZUUB.

These have been made the subject of complaint by Mr. Phelps, although the ex-
planations which were given in the i)reviou8 memorandum of the nudersigned (in
reference to tho letters of Mr. Uayard to Her Majesty's minister at Washington), and
in the report on the same subject of tho minister of mariiKi and lisheries, lai<l before
hisex^^ellency the governor-general on the 14th of .Juno ultimo, coupled with a disa-
vowal, by tho Canadian Government, of any intention that the jiroceodings in sueh
cases should bo unnecessarily harsh or pursued in a punitive spirit, might have bccu
ex])ected to bo sullicieut. After tho seizure was made, the commander of tho Lans-
downe took the David J. Aditms across tho Hay of Fiindy to St. .John, a distance
of about 40 miles. lie appears to have had the impression that, as his duties
would not ))ermit him to remain at Digby,'the vessel would not l»e secure from rescue,
Avliich has in several cases occurred after the seizure of fishing vessels. He believed
she would be more secure in the harbor of St. John, and that the legal proceed-
iiifi's, which in due course would follow, could be taken there. Ho was immediately
diiected, howi^vcr, to return with tho vessel to Digby, as it seemed more in order, and
more in compliance with the statutes relating to tho subject, that she should be de-
tained in the i)laco of seizure, and that the legal proceeding should be taken in the
vice-adn:i'alty court of the province where the offense was committed. It does not
Bcem to bo claimed by tho United States authorities that any damage to tho vessel,
or that any injury or inconvenience to any one concerned, w.as occasioned by this re-
moval to St. .John ,ind by hor rot;nrn to Digby, occupying as they did but a few
hours, and yet this circumstance seems to bo relied on as "aggravating the seizure,"
and as depriving it of the character of a seizure made " to enforce a ri|{ht or to re-
dress a wrong,"

THE FISIlKKIKS (jUKSTlON.

75

Anotlicr ;;ionncl of oomplainfc is Unit iii Diyby, " tbo j);i|t('r alltiyid to i.< (ho li';,al
T)i''Copt for I lie oiiptnro and deteiitiou of Ui« vessel was nuiiod to lior mast in such n
iiianner as to prevent its contents being read," und that "the recinost of tbo captain,
aiid of tho United States consn! -general, to bo allowed to detach the writ from tho
niast for the pnrposo of learning its contents, was i>ositive]y rofnsed by tho jtrovin.
cial ofticial in charge ; that the ITulted States consnl-goneral was not ablo.to learn
from till) commander of tho Za««rfoi(';ie the iiatnro of tho complaint a,^aiu8t the ves-
sel and that bis respectfnl application to that olicct was frnitless."

(1) As to the position of the paper on the mast. It is not a fact that it was nailed
to the vessel's mast "in such a manner as to i)revcnt its contents being rea<l." It
was nailed there for the purpose of being read, and could have been read.

(2) As to tho refusal to allow it to bo detached, such refusal was not intended as a
discourtesy, but was legitimate and proper. Tho paper purported to be, and was, a
copy of the writ of sunnnons and warrant, which wore then in tho registry of tho vice-
admiralty court at Halifax. It was attached to tho mast by the olllcer of tho court,
in accordance with tho rules and procedure of that court. The purposes for which it
was so attached did not admit of any consent for its removal.

(;t) As to tho desire of the captain and of the United States consul-general to as-
certain the contents of tho ])apcr, tho original was in the registry of the court, ac-
cessible to every nerson, and tho registry is within 80 yards of the consu -general's
ollice. All the reasons for tho seizure and detention wore made, however, to the
captain, days before the paper arrived to be placed on the mast, and, before tho cou-
siil-''eneral arrived at Uigby ; these reasons were not only matters of public notoriety,
bnt^bad been published in the newspapers of tho province and in hundreds of other
new8])apers circulating throughout Canada and tho United States. Tho captain and
tho consul-general did not need, therefore, to take the paper from the mast in order to
learn the causes of the seizure and detention.

(4) As to the application of the consul-general hiiving been fruitless, the fact has
transpired that ho had reported the seizure and its causes to his Government before
tUo application was made. It has been already explained in tho previous menioran-
duiii ot" the undersigned, and iu tho report of the minister of marine and lisherics,
that the application was for a specitic statement of the charges, and that it was made
to an oBicer who had neither the legal acquiromouts nor tho authority to state them
in a more spccitio form than that in which ho had already stated them. The cora-
inaiiderof the Lansdowne rM[uestcdtlm consul-general tonuiko his request to the min-
isterof tiie marine and lisheries, and, if ho had done so, tho specific statement which
ho had desired could have been furnished in an hour. It is hoped that the explana-
tion already nmdo, and tho precautions which have been taken against even the ap-
pearance of discourtesy iu the future, will, on consideration, bo found to bo satisfac-
tory. .

INCIDKNTS OF THE CUSTOMS SEIZURE.

Mr. Fhelps presents the following views with respect to the claim that tho David
J. Adams, besides violating the treaty and the statutes relating to "lishiug by foreign
vessels," is liable to be detained for the penalty under tho customs law.

'1) That this claim indicates the consciousness that the vessel could not bo for-
feited for tho oflense against tho treaty and (ishing laws. This supposition is ground-
less. It is by no means uncommon in legal proceedings, both in Canada and the
United States, for such proceedings to be based on more than one charge, although
any one of the charges would in itself, if sustained, bo sullicient for the purpose of
the complainant. The successof this litigation, like that of all litigation, must de-
pend not merely on the rights of the pjirties but on the proof which may be adduced
as to a right having been infringed. In this instate it appears from Mr. Phelps's
letter that tho facts which are to bo made the subjeot of proof are evidently in dis-
pute, and the Government of Canada could, with propriety, assert both its claims, so
that both of them should not be lost by any miscarriage of justice in regard to one of
tbem. Thi^ was likewise tho proper cause* to bo taken in view of tho fact than an
appeal might at any time be made to tho Government by the owners of the David
J. Adams for tho remission of the forfeiture incurred in respect ot the ILshery laws. The
following is a section of the Canadian statute relating to fishing by foreign vessels:

"111 cases of seizure nnder this act, tho governor in council may direct a stay of pro-
ceedings, and in cases of condemnation may relieve from the penalty in whole or in
part, and on snch terms as are deemed right." (31 Vic., cap. (il, sec. 19.)

It seems necessary and proper to u.ako at onco any claim founded on infraction of
the customs laws, in view of tho possible termination of tho proceedings by execu-
tive interference under this enactment. It would surely not be expected that the
Oovernment of Canada should wait until tlie termination of the proceedings under
the fishery acts before asserting its claim to tho penalty under the customs oct. The

"Course!

THE PIS1IERIK8 QUESTION.

;. f !'■

■':1

■111

ownprsof thpotteiidiii,'? vessel and nil concerned were entitled to know as soon nstlicy
con III lie iniide aware wliatllio claims of the (Jovernmciit were in relation to tlio vca-
Bt'l. mikI they nii<;Iit fairly nr;.je lliat any wliicb were not disclosed were waived.

(2) Mr. I'lu'lps remavkH that this charfjfo in " not the one on which the vcHsel was
K'i/A-d " and '' was an after tlionj^h^." Tli<! vessel was seized by the commander of tlio
J.anthiloinie for a violation of the firihery l.iws before the customs authorities had any
l;;io\vl('(lj{o that such a. vchhoI ha'l enteered into tho port, or Iiad attempted to leave ir,
tiiid tli(«(M)niinau(ler was not awaroat that time whetlier the DavidJ. Adamii\ia.i\nvM\(i
jirofier entry or not. A tew hours afterwards, however, the colle(;tor of cnstoins at
IJigliy ascei'laiiied the fiiels, and on the facts beinj? made known to the head of lua
<|ej)aitmcnt at Ottawa, was immediately instructtid to take such stops as mijiht he
necessary to assert the claim for the penalty which had been iucurrcd. The collector
did so.

('^) Mr. Phelps asserts that the charge of breaeii of the customs law is not the one
which must now be prinei|)al!y relied on ftir (M)U(l<Miiiiii(ion. It is true that eoiidein-
nation does not necrssaiily toUow. The ])eiialfy prescribed is a forfeiture of .f40(), ou
payment of which tlm owners are entitled to the release of the vessel. If Mr, Phelps
means by tho expression just quoted that the customs oll'ense cannot bo reliiul ou in
res])ect to tho penalty claimed, and that tho vessel cannot be detained until tliat
penalty is jiaid, it can only be said that in this contention the Canadian Government
(lo(;s not concur. Section 3i) of the customs act, before quoted, is explicit ou that
point.

(4) It is also nrsed that tho offense was, at most, "only an accidental and clearly
technical breach of a custom-house re<;ulation, by which no harm was intended, and
from which no harm came, and would in ordinary cases bo eafiily coiidoni'd by an
apolof^y, and iierhaps payment of costs." What has already been said timh'r tho
headinjj; "the ollense as to tho customs laws" presents the contention opposed to
tho ollense beinj^ considered as accidental." Tho master of tho David J. Adamn
Bhowedby hiHlani.Miaj;<»aiid cfmduct that what ho did he did withdesi'^n, an<l with the
knowled}»o that he was violating tho hiv/s of tho country. He couhl not have com-
plied with the customs law without frustrating the purposes for which ho had gone
into ]>ort.

As to tho hreachbeinjj a "technical" one, it must " he remembered that with thou-
Bands of ruiles of coast indent' ' as tho coasts of Canada are, by hundreds of har-
bors and inlets, it is impossib < enforce the fishery law without a strict ouforeo-
ment of the customs laws. Tlii.i difliculty was not unforeseen by tho framers of the
treaty of 18fcH, Avho jjrovided that tho lishermeu shonkl bo " under such restrictions ns
might be necessary to jiroveiot their taking, drying, or curinji fish * * * or in any
other manner whatever ahuii'nift the ])ririlvge luaerred to tliPtii." No naval force whioh
could be equijiiicd by tho Doniiniou would of itself bo sulQcieut for the enforcement
of '.ho fishery laws.

Foreign fishing vessels are allowed by the treaty to enter the harbors and inlets of
Canada, but they aro allowed to doso only for s.]»ecified purposes. In order to confine
them to those ]>nrposes it isnecessary to insist on theoI)servanceof tdie customs lawa,
V liich are euforceil by oliicers all aloug tho coast. A strict enforcement of the cus-
toms laws, and one consistent with tho treaty, would require that, even when coming
into port for the purpo.ses for which such vessels are allowed to enter our waters, ii
report should bo made at tho custom-house, but thi.s has not been insisted on in all
cases; when tin; customs laws are enforced against those who enter for other than le-
gitimate i)nrposes, and who choose to violate both tho fishery laws and customs laws,
the Goveruuiont is far within its right, and should not be asktid to accept an apoloijy
and payment of costs. It may be observed here, as affecting Mr. Phelps's demands ibr
restoration and damages, that tho apology and costs have never been tendered, and
that Mr. Phel|)s seems to be of opinion that they aro not called for.

(.5) Mr. I'helpsi.s informed by the consul-general at Halifax that it is "conceded liy
tho customs authorities thcu-o that foreign fishing vessels have for forty years boiii
acenstoined to go in and out of the bay at pleasure, and have never been required to
E" nd ftshore and rejunt when f hey had no business with the port and made no land-
ing, and that no fieiznro had ever before been made or claim against them for so do-
ing." Nothing of this kind is or could be conceded, by the customs authorities there
or elsewhere in Canada.

The bay referred to, the Annapolis Basin, is like all the other harbors of Canada,
exc(!pt th.it it is unusually well defined aud land-locked and furnished with cnstouis-
lionses. Neither there nor anywhere else have foreign fishing vessels been accus-
tomed to go in and out at i>leasure without reporting. If they had. been so per-
mitted the fishery laws could not have been enforced, and there would have been uo
protection against illicit trading. While the reciprocity treaty of 1854 and the tisb-
ery clauses of tho Washington treaty were in force, the con volition of 1818 being, of
course, suspended, consideralilo laxity was allowed to the United States fishing ves-
sels, much greater than tho tciins of those treaties entitled them to, but the consul-

THE FISHERIES QUESTION.

77

18 Boon astlipy
on to the ves-
I waived,
ho VP8H0I was
mandor of tho
ritioH Imd any
fid to Ifliivc if,
ams Imd nifulo
of cnslomM at
ic liond of Ilia
m as mijjlit be
Tlio collector

is not tlio one
> that coiithMii-
uroof§40(», oil

If Mr. riicips
bo relied on in
nod nntil that,
vn Govermnont
iplicit on that

ital and clearly
^ intended, anil
ondinied liy au
Buid nmler tho
Hon opposed to
'Javid J. Adam
rn, and with the
i not have coiii-
ch he had gone

that with thou-
indreds of liar-
I strict ouforeo-
I franiera of the
li restrictions as
* • or in any
val force which
he enforcement

jra and inlets of

[order to confine

lo cnstomslaws,

liont of the ens-

n when coming

r our waters, a

isisted on in all

)v other than le-

|d customs laws,

•ept au apology

is's demands tor

tendered, and

Is '< conceded hy
>rty years been
l)eeu required to
made no land-
Tthom for so do-
luthoritiea there

Jjors of Canada,
tl with cnstonis-
lels been accus-
Id been so per-
Id have been no
l54 and tho iish-
1818 being, of
[tes tishing ves-
jut the cousul-

jrpneral is RT'^Jif'.v mistnlfen wliPn he snpposea that at other time
OTi'it) ii')t enforced, and that seiznn^s of forcii^n (ishing vessels

iraea the customs laws

oniitlinit <o report. Abundant cviilenee on this point can bo liad.

Ill |8,r.t Mr. Vail, the Actinj^ Secretary of State (United Statt-s) n'portud that most
of tiie sei/.iirc-', which then were consid(>n'd ninneroiis, were for ullej^eil violation of
Ihe iiistonis laws (Tajiers relating to the Treaty <d" Wa-.liin;{ton, vol. vi, p. "MW,
W.isliiii^'ou (uliliou). From a letter of tlio United States consul at Cliarlottetowii,
datcil /riiH'"^f' 19, 1p70, to the United States consul-jj;( iieral at Montreal, it ap|K'ara
that it was tlio jiraetice of the United States flshernii'n at that time to make re^rular
entiv at the jiortto which they resorted. Tho consul saitl, " Hero tho tishermen enter
and <lear, and take ont permits to land their uiaek(M'el from the collector, and as their
niaclicrcl is a free article in this island, there can bo no illicit trade."

lulheyearlHTl), two United States rishin;^ vessels, thei/. \V. Lewis imA tho Granada,
were seized on like charges in Canadian waters.

What Mr. FheljiH styles " u cnslom-honse regulation " is an act of the Parliament
of Canada, and has for many years been in force in all the provinces of the Domin-
ion. It is one which the Government can not at all alter or repeal, and which its olli-
ciTs an! not at liberty to disregard.

(ti) It is suggested, though not asserted, in the letter of Mr. Pheliis, that the pen-
alty can not reasonably bo insisted on, because a new rule has been suddenly adopted
without notice. Tho rule, as before observed, is not a now one, nor is its enforcement
a novelty. As tho GovtTninent of the United States choose lo put au end to the ar-
rantjenient under which tho fishermen of that country were accustomed to frequent
Canadian waters with so muchfrtMJilom, the obligation of giving notice to those fisli-
ernu'U that their rights were thereafter, by thoactitm of Iheirown (jlovernmont, to be
(rrcatly restricted, and that they must not infringe the laws of (^anada, was surely 1.
duty incuml)ei!t on tho Government of the Uuiftul States rai lier than on tliato!
Canada. This point can not be better expressed than in the lan<;uago reported to
have liceu recently used by Mr. Bayard, the United States Secretary of State, in his
reply to tho owners of the George Cuhhiiig, a vessel recently seized on a similar
charge: " You aro well aware that questions aro now ))endiii>f bi'twcen this Govern
lut'ut and that of Great Britain in relation to the justitication of tho rights of Ameri-
can tisliiiig vessels in the territorial waters of British North America, and wo shall
relax no ell'ort to arrive at a satisfactory solution of tin* ditliculty. In the mean time
it is the duty and inanifest interest of all American citizens entering Canadian .iuria-
diction to ascertain and obey the laws and rcuLnions there in force. For all unlaw-
ful (U]nedations of property or commercial rights this Government will expect to
procure redress and compensation for tho innocent sullorers."

',■■■'''-'■■

INTEKPBETATION OF TIIK TREATY.

Mr. Phelps, after commenting in the language already quoted from his let t<y on the
claim for the customs penalty, treats, as the only (inestion, whether tho vessel is to bo
forfeited for purchasing bait to boused in lawful lishing. In following his argument
on this point, it should bo borne in mind, as already stated, that in so far as tho
fact of the bait having been intended to be used in lawful tishing is material to the
case, that is a fact which is not admitted. It is one in respect of which the burden
of proof is on tho owners of tho vessel, and it is one on which the owners of tho ves-
sel have not yet obtained au adjudication by the tribunal before which the case has
gone,

Mr. Phelps admits " that if the language of tho treaty of 1818 Is to be interpreted
literally, rather than according to its spirit and plain intent, a vessel engaged in tish-
iniT would 1)0 prohibited from entering a Canadian port for any luirpose whatever, ex-
cept to obtain wood or water, or to repair damages, or to seek shelter."

It is claimed on the part of tho Government of Canada that this is not only tho
lan!,'uase of tho treaty of 1818, but " its sjtirit and plain. intent." To establish tins
contention it should be sufficient to point to tho clear, unambiguous words of tho
treaty. To those clt »r and nnainblgnons words Mr. Pheljis seeks to attach a hidden
lueaniiig by suggesting that certain " jirepostcrous consequences " might ensue from
giving them their ordinary construction. He says that with such a construction a
vessel inij^ht be forfeited for entering a port " to post a letter, to send a telegram, to
buy a newsi)aper, to obtain a physician in case of illness, or a surgeon in case of
accident, to laud or bring olf a passenger, or even to lend assi-stauce to the inhahit-
an!s, etc."

There are probably few treaties or ptatute8,tho literal enforcement of which might
not in certain circumstances produce consequences worthy of being described as pre-
posterous.

At most, this argument can only suggest that, in regard to this treaty, as in regard
to every enactment, its enforcement sbould not be insisted on where accidental hard-
ships or "preposterous consequences" are likely to ensue. Equity and a natural

!

*

i

m

THE FI8Hi:i:iKS CillEHTlON.

•ennnof|iiHti(<e would tlniilitloHH Irixl t.lin Dnvornninnt with which the treaty wan made
to ahNtuin liom Itw rigiil I'lifoicf'iiu'iit for inudverlcnt olIonm^H, uIiIioukIi tho riuhtso
to onl'oruii it. nii}{htho hoyoiid (iiioHtioii. It \» for thin roiisoii tliut, inuMiuiicli an thoon-
joroonu'iit of tliiH tmaty to Honm oxtoiit iIcvoIvch oii thdtiovcrniiunit of Canada, tlie
Parliitiiiont of tho Doiiiiiiioii haH in onit of tlio HeutifMm tilruady ((tiotiid of the Htntute
ri'liiliiiK to liHhiiiH; liy fumiKii vossclu ('.tl Vie., cap. (il, hoc. 19) iiitriiMtcd tho exocutivo
wit!) power to iiiili^iilo i\w Huvcrity of thosu (iroviitionH whoii an aitpeal to uxocutive
liitiTt(!rcnc<i cull lui jiistilicd. In rchilion to ovoiy law of a penal character tho Name
power for tho wdiki piirpo.so in vcHtcd in tho oxcciitiv(>. Mr. FlidpH will tind it dilij.
cnlt, liowover, to dincovcr uiiy anthoritj' ainoiif? tlio JiiriHtH of his own country or of
Great Hritain, oriinionjj the writciNon international law, for tho posit ion that, agiiiimt
tho plain wonl.sof a I real y or Htatiite, an inttsrprotatiou in to l)0 Hoiij^iit which will ob-
viate all (liuiiceH of hardship and roudor nuueuuHbary the oxorciso of tho uxocutivo
power lieforo mentioned.

It miH;iit fiiiily ho nr;ied anninHt hiH argument that tho convention of 1818 la Icsa
open to an al tempt to elian};o it.s ]ilaiii meaning than even u etatuto would ho. Tlic
hitter \h!\ deel iration of itswill by (ho Hiii)romo authority of the state, tho forinerwiis
a compact delilieiatcly and HokMiiiiiy made by two parties, each of whom oxiiroHwd
what Iiti waH willing to concede, and by what tiirnm it wan willing to bo bound. If
tho piirposeH for wliicdi tlio United States dcHirod that their tiHliing veHHeJH Hhonld have
tlui right to order Hrili.sh Anierican waters inclnded other than those expressed, their
desire can not avail tliein now, nor bo a pretext for n opecial iuterj>retation after tliey
assented to tlio words " and for no other purpose whatever." If it was " preposter-
ous" that their lishermen shoulil bo precluded from entering provincial waters "tn
]»o.st a letter" or for any other of tho pur|>oses which Mr. Phelps nientious, they woulil
]nobal)ly never have asMcnted to a treaty trained as this was. Having (lone so they
can not now urge that their language was " prepasterous," and that its eti'cct must b«
destroyed by resort to " iiiter|iretalion."

Hut that wlii('h Mr. Plielps calls "literal interpretation " is hy no means so prepos-
terous as he HiiggPHts, when the jiurjiOHe and object of the treaty come to bo consid-
ered. VVliile it was not desired to interfere with ordinary coniinercial intercourse be-
tween the jieojiletif the two countric-s, tbt( <hdiberato and declared jnirposo existedou
tho part of Great Britain, and the willingness existed on the part of the United
Stales, lo secure absolutely and free from the possibility of oncroachinent the lislier-
ies of the Brit isli ])osseHsions in America to tho people of those possessions, except in;;
as to certain localities, in respect of which special provisions were made. Toell'oct
this it was merely necessary that there should hea Joint declaration of the right which
was to bo established, but that means should betaken to preserve that right. For
this jiurposo a distinction was necessarily drawn between tho United States vessels
engaged in commerce and those engaged in tishiug. While the former had free access
to our coasts, tho latter were placed under a strict prohibition.

The .purpose was to prevent the fisheries from being poached on, and to preserve
them to "tho subjects of his Britannic Majesty in North America, not only for the
pursuit of tishing within the waters adjacent to the coast (which can under tho law
of nations be done by any country), but as a basisof supplies for tho pursuit of tish-
ing in the dee]) sea." For this purpose it was necessary to keep out foreign iishiii;;
vessels, excepting in case of dire necessity, no matter under what jiretext they might
desire to conici in. The lisheiies could not he preserved to our people if ov<!ry one of
tho United States tishing vessels that were accustomed to swarm along our coasts
could claim the right to enter our harbcu's "to ]»ost a letter, or send a telegram, or
buy a newspaper, to obtain a physician in fl|ise of illness or a surgeon in caseof acci-
dent, to land or bring otf a passenger, or even to loud assistance to tho inhabitants in
lire, ilood, or pestileuce," or to " buy medicine," or to " purchase a new rope."

The slightest acquaintance with the negotiations which led to tho treaty of 1818,
and with the state of the fishery question preceding it, induces tho belief that if tho
United States negotiators had suggested these as purposes for which their vessels
should bo allowed to enter our waters, tlie proposal would have been rejected ns
"preposterous," to quote J^Ir. Phelps's own words. But Mr. Phelps appears to have
overlooked an important pavt of the case when ho suggested that it is a " preposter-
ous " construction of the treaty, which would lead to tho purchase of bait being pro-
hibited. So far from such aconstrnction being against " its spirit and plain intent,"
no otlu^r meaning would accord with that spirit and intent. If wo adopt one of the
methods contended for by Mr. Phelps of arriving at the true moaning of the treaty,
uaniely, having reference to tho "attending circumstances," etc., we find that so far
from its being considered by the franiers of the treaty that a prohibition of the right
to obtain bi.it would bo a "preposterous" and an extreme instance, a proposition was
made by the United States negotiators that the provisoshould read thus: "Provided,
howevtr, That American fishermen shall he permitted to enter such bays and harbors
for tho pnrjioso only of obtaining shelter, wood, water, and bait," and tho insertiou
of the word " bait" was resisted Ly the British negotiators and struck out. After

THE FlSllKiilKS (^UKSTION.

79

n of 1818 islosg
woulil bo. The
I, t lio IbriiuT was
ivboni oxi)roHHi'(l
o 1)0 bound. If
hcIh Hboiild bavu
expresHt'd, tlieir
tationat'tor they
vas "jtropostor-
icial waters " to
ions, tlioy would
11^ dono BO they
tH etiuut miiHtbo

means so propos-
luo to be couNi<l-
il iiitercoiirwe he-
irposo cxisteiloii
rt of the Uuitiid
liiniMit the llnhcr-
tiHioiiH, exceptiiij;
made. Toetl'oct
f the light which
that ri^bt. For
ed States vessels
bad free access

and to preserve
not only for the
n under tbe law
])ursuit of tish-
I'oreign lisbiiiR
text they nii);ht
_ if every one of
tilong our coasts
d a telegram, or
in case of acci-
10 inhabitants in
ew rope."
^ treaty of 1818,
lelief that if the
cb their vessels
leen reject(Ml as
appears to have
8 a " prepostiT-
bait being pro-
id plain intent,"
adopt one of the
g of the treaty,
J find that bo far
tion of the right
proposition was
Iiub: "Provided,
lys and harbors
id the iuBcrtioD
uek out. After

thlx h""' <''*'i ''' ^"^ eoiitended that any rule of interpretation wonid be nonnd which

woii'm uiv'' to United States llshiruieu the very pernilNNJon which was souglit fur od
their lii'lialf during the negoriatioiis sueccHsfully resislcd by tlie Uritish represents*
lives anil deliherately re|iM!ted by the franiers ot tbe couvi-ntlou F

It is a wfll-linown fact that tbe nc};(itiaiions preceding I Im treaty had reference very
I larct'ly '» the deep-sea tisheries, aiul that the right to iMirciuise biiit in the harbors of
the Di'ltihii posNesHlDiiM for the ilecn-sca lishlng was one wliicb tiie United Htates lish-
crnieii were intentionally ttxcludt'd from, Ueferring totlut dilUeulties whiuh subso-
(iiieiitly aroMc from an enforcement of the treaty, an American uulhor says:

"It will be seen tliat most of those dillicultics arose I'rum aeliau<ro in t\ie character
of the li.slieries; (;od being caught on llie banks, were seldom pursued within tbe 3-
uiili) limit, and yet it was to cod, and perhaps halibut, that all the early negotiations
bad relerifd.

"The iiiHckerel fishing had now sprung up in the Onlf of St, Lawrence, and liRtl
proved cxlrcmely jiroHtable. This was at that timo an inshore lishery." (SchuylciB
AiiitTicaii Diplomaey, page 411.)

Ill further amplilication of this argument, the undersigned would refer to the views
Ret forth in the meiiii>randiim before mentioned in tluOetters of Mr. itayard in May
last, and to those prescMited in the report of the minister of marine and tisheries, ap-
proveil on the 14tli .)nno ultimo.

While believing, however, that Mr. Phelps can not, by resort to any such matters,
Biueessl'nlly establish a diliereiit eonstru<;tiou for the treaty from that which ita
words picHent, the undersigned submits that Mr, I'belps is mistaken as to the riuht
toresortloany matters outside the treaty itselfto modify its plain words. Mr. I'helpa
expresses his eontontion thus: "It seems to me cbiar that tlie treaty may b(! consid-
ered in nccordanee with these ordinary and well sett led rules, applicable to all written
iiiHtnuiients, which without such salutary assistance must const iintly fail of their jmr-
]i()se. Ity these rules the letter often gives way to the intent, or rather is only used
ioaHcertiiiii the intent, and tbe whole docuiiient will be taken together and will be
considered in eimnect ion with t he atteinlingcirenmslanees, the situation of tbe ])artie8,
and the object in view, and thus the literal meaning of an isolated clause is oft<Mi show n
not to he tiie meaning really understood or intended." It may be readily admitted that
Hiuh rules of interpretation exist, but when are they to be ai»plied f Only when iu-
tcipretatiou is necessary — when the words are plain in their ordinary meaning, the
task of interpretation does not begin. Vattel says in reference to the " interpretation
of treaties:"

" The first general maxim of interpretation is, that it is not allowable to interpret ichat
has no need of interpretation. When the deed is worded in clear and precise terms,
when its meaning is evident and leads to no absurd conclusion, there can be no rea-
son for refusing to admit the meaning which such deed naturally presents. To go
elsewhere in search of conjectures in order to restrict or extend it is but an attempt
to elude it.

"Those cavilers who dispute the sense of a clear and determined article are accns-
tomed to seek their frivolous subterfuges in the pretended intentions and views which
tliey attrihuto to its anthor. It would be very often dangerous to enter with them
into the discussion of these supposed views that are ])ointed out in the piece itself.
The following rule is better calculated to foil such cavilers, and will at once cutshort
iiil ehieanery : If he who could a.frf ouijht to have explained himself clearlif and full i/
hm not done it, it is the worse for him; ho cannot be allowed to introduce subseiiuent
restrictions which ho has not expressed. This is a maxim of tbe Koinaii law, ' Pac-
tioneni ohswram na usnre [? iis noeore] in quorum fuit potestaie legem apirtius conscribere.'
The equity of this rnlo is glaringly obvious, and its necessity is not less evident."
(Vattol's Interpretation of Treaties, lib. ii, chap. 17.)

■Se<lgwick, the American writer on the " Construction of Statutes" (and treaties
are construed by much the same rules as statutes), says, at page 104: " The rule is,
as we shall constantly see, cardinal and universal ; but if the statute is plain and un-
auihignons, there is no room for construction or interpretation. The legislature has
Hpokeii; their interpretation is free from doubt, and their will must be obeyed. ' It
may he projier,' it has been said in Kentucky, ' in giving a construction to a statute,
to look to the etfecta and consequences when its provisions are ambiguous or the leg-
islative intention is doubtful. But when the law is clear and explicit and its pro-
visions are su.sceptiblo of but one interpretation, if evil, can only b(! avoided by a
diange of the law itself, to be etfocted by legislative and not judicial action, ' So,
too,' it is said by the Supreme Court of the United States, ' where a law is plain and
iniaiiihiguous, whether it be expressed in general or limited terms, the legislature
ebould bo intended to mean what they have plainly expressed, and consequently no
room is left for construction,' "

At the tribunal of arbitration at Genoa,* held under the Washington treaty in 1872,

•Geneva,

p

80

THE FISHERIES QUESTION.

'iJ-

a similar question aroRO. Counsel for Her MnJest.v'H Government presented a supple,
mental argument, in wbicli Iho ordinary rules lor llie iutorjiretation of treaties wore
invoked. Mr. Evarts, one of the counsel for tlio United Stales and afterwards Siio-
retary of State, made a supplemental reply, in wliicli the following iiassajje oc('iiis:
" At tUo close of the special argument wo find a geiioral iir<'H('utation of canons for ti;c
construction of treaties and some general observations as to the light or the controll.
ing reason nnder which these rules of the treaty should ho construed. Those sii;;-. I
gestions may be briefly dismissed. It certainly wor.l'.l be a very great reproach lo
these nations which had deliberately lixcd upon three projiosiiions as expressive of
the law of nations, in their judgment, for the juirpo.ses of this trial, that a resoroto j
general instructions for the purpose of interi)retati'.)U was necessary. Eleven cations '
of interpretation drawn from Vatlcl are presented in order, and then several of tluTi,
as tli<5 c:ise sails, are applied as valuable in eliicidiitin'^ this or that point, of them lis.
Bnt the learned counsel has omitted to bring to your notice the first sind mostgeiieiisl
rule of Vattel, which being once understood would, as we think, dispense Avith any
consideration- of these suhordinato canons which Vattel has introduced to be used only
in case his first general ritle does not api)iy. This first proiiosition is that *i« is ml
allowable to interpret what hasnoticcd 0/ iuterjirelalion.'" (Washington Treaty Papcre, [
vol. iii, pp. 44(!-7.)

In a letter of Sir. Hamilton Fish to the United States minister in England on the I
same subject, dated April 1(5, 1872, the following view w-as set forth: "Fnrtlicr , ban
this, it appears to m that the principles of English and American law (and i liey are |
substantially the same) regarding the construction of statutes and treaties, and of
written instruments generally, would preclude the seeking of evidence of intent out.
side the instrument itself. It might be a painful trial on which to enter, in seeking' I
the opinions and recolhjctions of jiarties, to bring into conflict the different ex))C(t,i
tions of those who were engaged in the uegotiatiou of an instrument." (Washinjiioa |
Treaty Papers, vol. ii, p. 473.)

Bnt even at this barrier the difficulty in following Mr. Phelps's argument, by which I
he seeks to reach the interpretation ho desires, does not end. Af'ier taking a view of I
the treaty which all authorities thus forbid, ho says: "Tluia regarded, it .;ppear.sto|
mo clear that the words ' for no other purpose wli.itever,' as employed in the treaty,
mean for no other ]iurpose i nconsistent with the provisions of tho treaty." Taken i:i I
that sense the words would have no meaning, for no other purpose would be consist- 1
entwithtL treaty, excepting thiisu mentioned. He])roceeds, "or prejudicial to the in-
terests of the ])roviuces or their inhabitants." If tho United States authorities are I
tho judges as to what is prejudicial to those interests, the treaty will have very little I
vr'uir ; if the provinces r.ro to be the judges, it is most prejudicial to their intere::ts [
that United States fishermen should bo permitted to come into their Ijarbors on any
pretext, and it is fatal to their fishery interests that these fishei-men, with whom they
have to compete at such a disadvantage in the markets of the Uniteil States, should be |
allowed to enter for sn])i)lies and bait, even for tho pursuit of the deep-sea fisheries
Before ciuiclnding liis remarks on this subject, the undersigned would refer to a pas-|
sage in the answer on behalf of tho United States to tho case of Her Majesty's G./vern-
ment as presented to tho Halifax Fisheries Commission in 1877 : "The various inci-]
dental and reciprocal advantages of tho treaty, such as tho privileges of traffic, pur-
chasing bait and other supplies, are not the subject of compensation, because tbel
treaty of Washington confers no such rights on tlio inhabitants of tho United States, I
who iioiv evjoii them mertlj/ b;i sufferance, and who can al ani/ time bo deprired of them hu
tho enforcement of existing lawn or the re-enforcement Cj Joriucr oppreaairc matutcs."

Mr. Pheliishas made a lengthy citation Irom the imperial act, 59 George III, cap,|
38, for tho ptu'poso of establisliing —

1st. 'i'hat the penalty of forfeiture was not incurred by any entry into British ports,]
tinlesK accomi)anied by fishing, or preparing to tish, with'n the prohibited limits.

2d. That it was not the intention of Parliament, or its understanding of the treaty,!
thai; any other entry should bo regarded as an infraction of tho provisions of that act. I

As li'gards tho latter point, it seems to be effectually disposed of by the quotation j
vrhieh Mr. Pheljis has made, Tho act permits fishermen of tho Uuited States to en-
ter into the bays or harbors of His Britannic Majesty's dominions in America for tlie|
purposes named in tho treaty, "and for no otherpnrpose whatever," and after enact-
ing tho peiK Uy of forfeiture in regard to certain olFeuses, provides a penalty «f £200
sterling against any pc son otherv^isoottending against the act. It can not, therefort'i 1
bo successfully contended that Parliament intended to p(!rmit entry into tho British!
American waters for .0 purchase of bait, or lor any other thuu the purposes speci-[
lied in the treaty.

As to tho first point, it is to bo observed that the ])enaUy of f irfeituro was expresslyl
pronounced as applicable to the ofieusu of fishing or preparing to fish. It may be that I
forfeiture is incurred l)y other illegal entry, contrary to tho treaty and contrary tol
tho statute. It may also be contended that ])rcparing, within the prohibited limits,!
t'l lish iu any place is lijo oU'ense at which the penalty is aimed, or it may be that tli«|

THE FISHERIES CiUESTION.

81

jteA a snpple- 1
treaties were
'terwai'cla iiv.tt-
iissafje occurs;
canons fort lie
r tbH con troll-
1. Those sii;;-
it ropwacb m
1 ex()re8si\e of
bat aresoroto :
Elf'vcn cai.ons !
jveval of tlu'in,
inr. oftlievuks.
Ill moHts<Mi(nil|
[KiDse with Any
to be useii only
I that 'it is liol
Treaty Papers,

Rngland on the |
"Fiirt;i''r .bun
w (and il>ey are]
treaties, ami of
CO of intent out-
■nter, inseckaii;
ffcrcnt csiic(t;i-
" (Washiut^ton

unent, by which I
laliiDfr a view o(
?a\. it ,;ppearsto
ed in tho treaty,
'aty." Taken i:i |
,vonUl bo consist-
ilnlicialtotb«^in•
s authorities are I
I havo very little
to rlieir intcrc: ts
r harbors on any
with whom they I
States, should be
■ep-sea lisberies I
Id refer to a pas-
il;i,jesty'sG..vern-'
rijo various inci-
iS of tratHc, pur- 1
ion, because tlie|
ioUnitedStatis,
[priredof thembd

[George HI, c^P'

lito British ports,

libitkMl limits.
InRoftho t.eaty,
Isions of that act.
Iby the quotation
Iti'd States to I'll-
America for the
,' and after enact-
J penalty uf£'^»''
lui not, theretore,
■ iuto the British]
I purposes sped-

Iro was expressly
■, It may be thai
I and contrary 10
Irohibited liniitV
i may be that the

preparing within these waters to fish is ovidenco of preparing to fish within the pro-
tiibitpd waters under the imperial statute, and especially under the Canadian statute,
which places the burden of proof on the defendant.

Tlie iiiidcnsigned does not propose at this time to enter into any elaborate argument
to bhow the grounds on which the penalty of forfeiture is available because that
qucsUou is one which is more suitable for ileteruiinatiou by the comes, to whoso de-
cision it has been referred in the very case under consideration.

The decision in the case of the David J. Adamit will be noon pronounced, and as the
Government of Canada will be bound by the ultin-.a^o .judgment of compoieut au-
thority on this question, and can not be expected to acquiesce in the view of the United
States Government without such ajudgmont, any argumentof the case in diplomatio
form would be premature and futile.
In order, however, to show that Mr. Phelps is in error when, he assumes that tho
I practical construction hitherto given to tho treaty is in accordance with his views, it
I ft as well to state that in the year Iblf) tho commander of one of Her Majesty's ships
of war seized four United States fishing vessels (see Sabiuo on F'isheries), and again
in 1817 tho Imperial Government acted on tho view that they had the right to seize
,f(irei};n vessels encroaching oii the fishing grounds. Instructions were issued by Great
liritain to seize Ibreig?* --et!" - ! ^^ hhing or at a,nchor in any of the harbors or creeks in
tho British North American possesaion.s, or within their juaritime jurisdiction, and
jficnd tiiora to Halifax for adjudication. Several vessels were seized and information
was fully communicated to the Government of the United States. This, it will be
remembered, was not only before the treaty, but before the imperial act above re-
[ferred to.

Tho following were tho words of the Admiraicy instructions then issued:
" On your niectin."' with any foreign vecsels, fishing or at anchi.r in any of the bar-
Ibors or creeks -a His Majesty's North American provinces, or nithin our maritime
Jnrisiliction, yoa will seize and send such vessels so trespassing to Halifax for adjudi-
[cation, unless it t*hould clearly appear that they have been obliged to put in there
lin consequence of distress, acquainting mo with the cause of such seizure and every
JKtlur particular, to enable me to give all information to the lords commissioners of
itup Admiralty."

Unibsr these instructions eleven or twelve American fishing vessels were seized in
Nova Scotia on June 8, 1817, in consequence of their frequenting some of the harbors
)f that province.

In 1H18 tho fishing vessels Mahby and Washington were seized and condemned for
•nterinR and harboring in British Americixn waters.

In iH'ib the Java. Independence, Magnolia, and Ilart were seized and confiscated,
tho principal charge being that they were within British American waters without
lc;;al cause.
In 1840 the Papinean and Mary were seized and sold for purchasing bait.
In the spring of 1H19 a United States fishing vessel named tho Churlex was selj^ed
uul condemned in the vice-admiralty court in New BruLswick for having resorted
to a harbor of that province after warning and without necessity.
I III the year 1871 tho United States fishing vessel J. II. N'lJccrson was seized for bar-
ing purchased bait within 15 nnirino miles of Nova Scotia n shore, and condemned
\y iho judgment of Sir V/illiam Young, chief justice of Nova Scotia aud judge of the
konrt of vice-admiralty. The following is a passage from his judgment :

"The vessel went in, not to obtain wate or men, as the allegation says, buttopnr-
Ihaso or procure bait (which, as I take it, is a preparing to fish), and it was contended
Ibat they bad a right to do so, and tiiat no forfeiture accrued on such entering. The
Inswcr is, that if a privilege to enter our liarbors for bait w^as to be conceded to
Lmerican flrfhermen it ought to havo been in the treaty, aud it is too important a mat-
er to have been accidentally overlooked. Wo know, indeed, from the state papers that
'■ was not overlooked ; that it was suggested and declined. But the court, as I have
Jbcady i ntimated, does not insist upon that as a reason for its judgment. What may
it'airly and justly insisted on is, that beyond tho fourpurposes si)ecilied in the treaty —
Wtor, repairs, water, and wood — hero is another purpo.se or claim not specified, while
bo treaty itself declares that no such other purpose shall be received to justify an
Qtry. It appears to me an inevitable conclusion that tho J. B. Nickerson, in entering
ioBay of Ingouish for the purpose of procuring bait while there, became liable to
Jrlciture, and upon tho true construction of the treaty and acta of Parliament was
^!;ally seized." ( Vide Halifax Com., vol. iii, p. 3iJ98, Washington edition.)
lu view of theco seizures and of this decision it is difllcult to understand the follow-
ij,' i)a8sago.<' in tho letter of Mr. Phelps :

"The practical constrtietion given to tho treaty, down to the present time, has been

entire accord with tho conclusions thus deduced from tho act of I'arliament. Tho

ritisli Government has repeatedly refused to allow interference witli American tisli-

^g vessels, unless fur illegal thihiug, and has given explicit orders to the contrary."

S. Ex. 113 U

im

THE FI8HERIKS QUESTION.

Kl

n

i ,

" Judicial nntliority npon the quostion is to tho Hanie effect. That the pnrchafie of I
bait by Auiericaii fislicniipu in flin provinoiul ports has been a couiiuou pructiceisl
well known, but in no case, so i'ar as I can ascertain, lias u Hciznre of an American (
vessel ever been enforced on the groiiiid of the purchase of bait or of any other «np-
plies. On tlie hearing before the Halifax Fihliery ConniiisHicui in 1877-78, this (inesi
lion was (liscnsKed and no case could he produced of any siu'h condeumation. Vcsf
hcIh shown to have been eondc inned were in all cases adjiulged guilty, either of fisbiugl
or preparing to iinh within the prohibited limits,"

\lthongh Mr, riieljis is under tho impression that " in the hearing before the Huli- 1
lax Fishery Coininission in 1877 tins tintstion wasdiseuKScd and no case could he pro-l
dnced of ai\y such condeniuation," tho fact appears in the records of that Commission, 1
aspnblislied by the (iovcrnnicnt of the Unitcil States, that on a discussion which Iberel
arose, the instances above mentioned were nearly all cited, and tho judgni<!nt of Sir I
William Young in the case of the ./. //. Niclrrson was presented in full, and it now]
appears among the ])aper8 of that Connnission, (Seo vol. iii, Documents and Pro- 1
ceedingsof llalifiix Coinniission, page IWUH, Wat'hiugtou edition,) The decision inj
the case of the ./. IJ. I\khcvson was subsequent to that in the case of tho While Fu\n\
mentioned, to the es(^lnsion ofall .he other cases referred toby Mr. Phelps, Whelhetl
that dceiKion should be reatlirnicd or uot is a question more suitable for judicial de.|
termiuatiou than lur discussion here.

UIOUT of Tlir, DOMIXIOX PAULIAMK.XT TJ make FISIIEUT KNACTME.1IT8,

\W"'

Mr, Plicl])H deems it uMnecesf.ary to point out that it is not in the power of tlic|
Canadian I'arliament to alter orenlargo the provisions of tho act of the Imperial Par-
liament, or to give to tho treaty either a construction era legal efl'ect not warrauted]
by that act.

Ko attempt has ever been made by the Parliament of ('in da, or by that of any of)
the provinces to give a "construction" to 'lie treaty, hut Iho undersigned tjiunitj.
that the ri^hl of the rarliamct of Canada, wiih Idie royal assent given in the man-
ner provided in the cm stitntnui, to pass an act on this subject to give that treaty |
effect, or to])rotect tho people of Canada from the iiifringr- < ;trf the treaty jirovis-
ions, is clear beyond (incstion. An act of that parliauuMil, diily imssed according to I
constilutional Ibrnis, has as mnnli tho force of law in Caiuula, and bindd as full; j
otl'endcrs who may come within its jniisdiction, as any act of tho Imperial rarlianitnt.

The ('ilbrts mailn on the part of tho Govern' -tit ot the United Statts to deny ami I
lefnte the validity of colonial statutes on th subject have been coutiuuod for mam\
years, and in eveiy instance have been set at naught by the Imperial authorities iunl
by the jnrtieial tribunes.

In May, 1870, this vaincontentiri ^vascom))letely abaudoncd n circnhu" was issued I
by the Treasury Dci)ariment at W.ashington, in whid' eirenlar i\\\\ iU'raiUis to whoin
it was sent wore authorized and directed to inlbrih i.ll masters ofllshiug vessels tbatl
the authorities of the Dominion d' t'.iaadtt had resolved to termir.at" tho system of j
granting lishiiig liciMiRes to foreign vessels.

The (iirenh-r proceeds to state the terms of tho treaty of 1818 in order that Uuited]
States li.siuuiueii might be informed of the limitation thereby placed on their privi-
leges, It proceeds further to set out at large the Can ulian act of IBtid, relating to |
lisliing by lor "i;^n vessi'ls, which lifts becu hereinbcforo referred to,

Tho (ishermeii of the United States were by that circular expressly warned of tliel
natureot tho Canadian statute, wliic'' it is now once more pretended is without force, I
but no intimation was given to those lishermon that these iirovisions were nugatory
and would be resisted by tho United States Government, Lest there should bo auy
misapprehension on thiit siibji ct, however, on Juno 9 of the same year, less thaua
month alter that circular, another circular was isued ^"om tho same Departiueat|
stating again the terms o^ the treaty of 1818, apd .hen containing tho following par-
agraph : " 1' 'shermcn of the Uuite.l States arc bound to respect tho British laws lor]
thort*^'ilation and preservation of tlio lis' "ies to the same extent to which they an [
applioable to l?ri( ish and Canadian fisiiermou," The same circular, noticing the chaugo |
made in the CaiKidian lishery act of 1808 by the amendment of 1870, make.sj^his ol)«cr-
vation : " It will be observed that tho warning formerly given is not required iiudiTl
the amended act, but that vessels trespassing are liable to seizure without such waiii-|
ing."

THE CANADIAN STATUTE OK 1886.

Mr, Phelps is again nnder an erroneous impression with regard to the statute iutro-|
diiccd at the last scs.^;*!)!! of th(i Dominion Parliament.

Ho is informed that ''since the seizure" tlu^ Canadian authorities have pressed, nrl
arejiressing, through theCanadiaii Parliament in mutdi haste, an act which is «!esigm-'(l,
l<)r the first tiuioiu the history of tho legislature under this treity, to make the facta I

THE nsriKRlFS Ql'K-sTlOX.

83

t the purchnse of
iiruou practice is I
of an American!
if any otlier hiip-j
77-78, this (iiiesi
icmriiition. Vest
', either of tishiiig

t before the Ilalij
use couhl be pro-]
lhatComnii,sKion, I
ision which Ibercl
jiulginent of Sir!

full, and it nnnl
nnionts and Pro- 1

The decision ini
" the While lunni
.'helps. WLelhetl
0 for judicial (le-j

4CTMENT8.

he power of tlic I
the Imperial Tar I
ct not warruutcdl

by that of any of)
ersigni'd t .il)iiiii>
^iveu in the maul
give that treaty |
he treaty provis-
ascd accordint; to I
nd bindsi as fully f
icrial rartiaiiiiiu,
atcB to deny ami I
riunod for many I
A authoriticis uml

enliir was issued I
ui.siMis to wlxmi
nog vessels that I
ht^ the system of I

rdor that United
1 on their privi- 1
18t5d, relating to

y warned of tlie|
8 without force,
8 were nugatory]
e should bo any I
fear, less than a
,mo Departim!at|
10 following par-
British laws tori
which they arc
cingthecbauge|
nake.sj^his ob«er-
required uuderl
hout such wara- 1

he statute iutro-

have presHod.orj

hichisdesigneii, I

make the facts I

npon which the American vessels have boon seized illegal, and to authorize procecd-
iiigs aRninst them therefor.

The following observations are appropriate in relation to this passage of Mr. Phelps's
]i»:t(T:

(1) Tlie act which he refers to was not passed in haste. It was passed through
the two lioiiacB in tlio usual manner, and with the observance of all the usual forms.
Its passage occupied probably more time than was occupied in the passage through
the ('(UiyresH of the United States of a measure which poss sses much the saniechar-
utlcr, and whioh will bo jcfirred to hereafter.

(2) The act has no bearing on the nciznres referred to.

(I!) It does not make any act illegal whi< li was legal before, but declares what pen-
alty attaches to the oll'enses which were already j)iohibitid. It may be observed in
ri'lereiico to the charges of " nndue haste," and of " legislating for the lirst time in
tlio history of the legislation under the treaty," that before the statu to referred to had
bf'couii; law the United States Congress passed a statute containing the following sec-
tion :

'•Tba\; whenever any foreign .'onntry whoso vessels have been placed on the same
footing in the jiorts of United States as American vessels (the coastw ise trade excepted )
shall (l(Miy to any vessel of the United States any of the connncrcial privileges ac-
corded to national vessels in the harbors, ports, or waters of snch foreign (•f)nntry, the
I'lcsidciil, on receiving cat istiu tory intbrmation of the eontinnanco of such discrini-
iuations against any vessel of the United .States, is hereby authorized to issue his
pM)('hiiiiatioii,exchuling, on and after such time as he may indicate, from the exercise
of such commercial jn ivileges in tho ports t,f the United States as are denied to Ameri-
can vcsyels in tlio ports of each foreign cmntry.all vessels of such fcneigu country of
a sraiihir character t ) tho vessels of the ilnited States thus discriminated against, ami
suspciKliog snch eoujessions previousl;,' granted to tho vessels of such country i and
on and after the date named in such proclamation for it to takeelVitt, if the master,
oliic(>r,or agent of a ly vessel of snch loiciun touiitry excluded by said pioclamalioii
fioin the exercise of any commercial p'lvlleges snail do any act prohibited by said
proclamation in the ports, harbors, or waters of tho United States for or on aicoiml
of such vessel, such vessel and its rigging, tackle, furniture, and boats, and all the
goods on board, shall bo liable to seizure and to forfeiture to tho United Stales ; and
any pi'r.son opposing any ollicer of the United States in the entbrcement of this act, or
aiding and abetting any other person in such opposition, shall fiirfvit tHOl) ami shall
liegnilly of a iiiiHtlenicanor, and, upon conviction, shall be lialde (o Imptisiininent for
a term not exceeding two years." (Sec. 17 of act No. 85 of Oonuless, iHSIi.)

This cnaitnient bus all the features of hostilily which Mr. Thelps has stigmatized
as " unprecedented in the history of legislation under tho treaty."

ENlfOUCEMENT OF THE ACTS WITHOUT NOTICE.

Jlr. Phelps insists upon what ho regards as " obvious grounds of reason and Justice "
and " npon eonr.non iirinciplesof comity, that previous notice should have been given
of the new stringent restrictions" it was intended to enforce.

It has alreaily been shown that no now restrictions liavo been attempted. The case
cf the David J. Adams is proceeding under tho statutes which have been enforced
during the whole time when tho treaty had operation.

It is true that for a short time jirior to the t "eaty of Washington, and when exjice-
tations existed of such a treaty being ari'ived at, tho instructions of Ib70, which are
cited by Mr. Phelps, were issued by the Imperial authorities. It is likewise true that
under these instructions tho rights of Her Majesty's subjects in Canada were notii -
sistcd on in their entirety. These instructions were obviously apiilicablo to tho par-
ticular time at which and the jiarticular circumstances under which they were issued
by llcr Majesty's Government.

But it is obviously unlair to invoke them now under wholly different circumstances
as establishing a "practical construction" of the treaty, or as affording any ground
for claiming tbat the indulgence which they extended should bo periietual.

Tho lishery clauses of the treaty of Washington %vere annulled by a notice from the
flovcrumeiit of the United States, and, as has already been nrged, it would seem ti)
have been tho duty of that Government, rather than of tho Government of Canada, to
have warned its own people of tho consequences which must ensue. This was doni'
ill 1H70 by tho circulars I'rom tho Treasury Department at VV'ashington, and might
well have been dono at this time.

Mr. Phelps has been pleased to stigmatize "tho action of the Canadian authority
in .seizing and still detaining the David J. Adams" as not only unfriendly and dis-
courteous, but altogether unwarrantable.

He proceeds to state that that vessel " had violated no existing law," although his
letter cites tho statute which she had directly and plainly violate,d ; and he Htat< m
that she "had incurred no penalty that, any known statute iinpo-sed" ; while he liiis

84

THE riSllERIES C^UESTIOX.

directed at large the words which inflict a penalty for the violation of that statn'e.
Ho doclares it (jecuiH iiiipossiblo for him to escape the conculsion that " this and simi-
lar seizures were niade Uy the Cauadiau authorities for the deliberate purpose of har-
assing and oiiiharrassing the Aniorican fishing vessels in the pursuit of their lawful
employnient," and that the injury is very much aggravated by the motives which ap-
pear to have prompted it.

Ho jirofesses to have foutid the real source of the difFiculty in the " irMtation that
lias taken place among a jmrtioii of the Canadian people, on account of the termina-
tion by the United States (lovernment of the Washington treaty," and in a desire to
drive tlie United States •' by harassing and annoying their lisherniou into the adop-
tion of a new treaty, by which Canadian iish shall be admitted free," and he declares
that "this scheme is likely to prove as mistaken in policy as it is unjustifiable in
l)rinei'ile."

Ho might, fierhajis, have more accurately stated the real source of the difficulty,
had he suggested that the United States authorities have long endeavored, and are
still endeavoring, to obtain that which by their solemn treaty they deliberately re-
nounced, and to deprive the Canadian people of that which by treaty the Canadian
people lawfully ac(|uiied.

The people of the British North American Provinces over since the year 1818 (with
the excejition of those periods in whioli the reciprocity ireaiy and the fishery
clauses of the Washington treaty prevailed), have, at enormous expense, and with
great diflicnlty, been protecting their fisheries against encroachments by lishermeu
of the United States, carried on under every form and pretext, and aided by such de-
nunciations as Mr. Phelps has thought proper to reproduce on this occasion. They
value no less now than they formerly did the rights which were secured to them by
the treaty, and they are still indisposed to yield those rights, either to individual
aggression or official demands.

'I'ho course of the Canadian Government, since the rescision of the fishery clauses
of the Washington treaty, has been such as hardly to merit the aspersions which Mr.
Phelps has used. In order to avoid irritation and to meet a desire which the Govern-
ment repieseuted by Mr. Phelps professed to entertain for the settlement of all ques-
tions w hiih could reawaken controversy, they canceled for six months after the ex-
piration of those clauses all the benefits which the United States fishermen had en-
joyed under them, although, during that interval, the Government of the United
States enforced against Cauadiau fishermen the laws which those fishery clauses had
suspended.

Mr. liayard, the United States Secretary of State, has made some recognition of
those facts in a letter which he is reported to have written recently to the owners of
the David J. Jdams. He says :

"More than one year ago I sought to protect our citizens engaged in fishing from
results which might atteud any possib'<j misunderstanding between the Governments
of Great Britain and the United States as to the measure of their mutual rights and
privil<g(s in tiie territorial waters of British North America. After the termination
of the tisliery articles of the treaty of Washington, in J une last, it seemed to me then,
and stems to me now, ver^ Iiard that dilferences of opinion bet .een the two Govern-
ments should cause loss to honest .citizens, whose line of obedience might bo thus
rendered vague and nncertain, and their projierty be brought into jeopardy. Influ-
enced by this feeling, I procured a temporary arrangement whirh secured our fisher-
iiion lull enjoyment of all Canadian fisheries, free from molestation, during a period
which would permit discussion of a just international settlement of the whole fishery
question ; but other counsels prevailed, and my efi'orts further to protect fishermen
Iroin such trouble as you now suffer were imavailing."

At the end of the interval of six months the United States authorities concluded to
refrain Irum any attempt to negotiate for larger fishciry rights for their people, and
they have continued to enforce thei'- customs laws against the fishermen and people
of (Janiida.

Tlie least they could have beoa expected to do under these circumstances was to
leave to tl'.c people of Canada the full and unquestioned enjoyment of the rights se-
cured to tliein by treaty. The Government of Canada has simply insisted upon those
rights and has presented to the legal tribunals its claim to have them enforced.

The insinuations of ulterior motives, the imputations of unfriendly dispositions,
and tho siujjularly iuacourate representation of all the leading features of the ques-
tions under discussion, may, it has been assumed, bo jiasset' by with little more coni-
liieiit. ihey arc hardly likely to induce Her Majesty's Government to sacrifice tho
rights which they havr> heretofore helped our people to prot'iot, and they are too
familiar to awaken indignation or s'lrjtrise.

The undersigned resjiectfuily reeoinmondB that thosubfetanco of this memorandum,
if appro- Oil, be forwarded to tho i;i' ere tares' of state for tho colonies, for the informa-
tion of Her Majesty's Government.

JNO. S. r "'TrOM''?ON,

Ottawa, July 22, 1886r .a<.i:v4t! ■; .' (joe.

vi^*d'VW

lat Btatn'e,
ia and simi-
|)080 of har-
lioir lawful
s which ap-

itation that
he tevmina-
1 a desire to

0 the adop-
he declares

iistifiahle iu

10 dififtculty,
r^d, and are
iberately re-
tie Canadian

ir 1818 (with

the fifehery

se, and with

by i'whermen

1 by such de-
rtsicn. They
d to them by
;o individual

shery clatises
na w'hich Mr.
b the Goveru-
it of all ques-
i after the ex-
inneu had eu-
3i the United
ry clauses had

ecognition of
the owners of

ml

fishiiiK from
Governments
rights and
termination
tome then,
twoGovern-
<rht be thns
idy. Infln-
d our fisher-
ring a period
whole fishery
ct fishermen

concluded to
people, and
and people

anccH was to
he rights so-
d upon those
[forced,
dispositions,
of the ques-
le more coni-
sacriflco the
they are too

lemoranduui,
It he in forma-

THE FiaiTERIES QUESTION. $5

No. 333.
Sir L. 8. Saclville West to Mr. Bayard.

Washington, January 28, 1887. (Received January 29.)

Sir : With reference to your notes* of the lOtli and 20th of October
last, I have the honor to transmit to you herewith copy of a dispatch
from tlie governor-peneral of Canada to Iler Majesty's secretary of
Btate for the colonies relative to the cases of the American fishing ves-
sels Feart Nelson and Everett Steele, which I am instructed by Her
Majesty's principal secretary of state for foreign aifairs to communi-
cate to the United States Government.
1 have, etc.,

L. S. SACKVILL33 WEST.

rinclosnre.]

p.^ON,

iloe.

The Marquis of Lansdowne to Mr. Stanhope.

Government House, December 20, 1886.

Sir. I had the honor of receiving your dispatch of the 2id of November in regard
to the case of the Everett Steele aud I'earl Nelson, recently detained at Slielburne
and Arichat, Nova Scotia, for non-compliance with the customs regulations of the
Dominion.

The circumstances under which the conduct of these vessek- attracted the attention
of the customs authorities were set out in the privy council onleis of the 18th of No-
vember, certified copies of which were forwarded to you under cover of my dispatches
of tiie ii9th November.

The information contained in these documents was obtained in order to comply
with the request for a report on these two cases which you had addressed to me by
telei^rum on a previous date. I have now carefully examined the fuller st.ateinents
niiule by Mr. Bayard, both as to the facts and as to the considerations by which tlio
coiuluct of the local oQicials should in his opinion have been governed. You will 1
think lind, on refeienco to the privy council orders already before yon, that the argu-
ments advanced by Mr. Bayard have been suHiciently met by the observations of my
iMinister of nmrine and fisheries, whoso reports are embodied in those orders.

It is not disputed that the Everett Steele was in Hhelbuiuo Harbor oi; the 25th
March and sailed thence without reporting. In consequence of tliis omission ou the
master's part his vessel was, on her return to Shelburue, in Sepi:einber, detained by
the collector. The master having explained that his presence in the harbor had been
oecasicnied by stress of weather, and that his failure to report was inadv(!rtent, and
this explanation having been telegraphed to the minister of marine at Ottawa, the
vessel was at once allowed to i)roceed to sea; her release took place at noon on the
(lay following that of her detention.

in the case of the Pearl Nelson it is not denied that nine of her crew were landed in
Arichat Harbor at a late hour in the evening ot her arrival and before the master
li.id reported to the custom-house. It is obvious that if laen were to bo allowed to
go on shore, under such circumstances, without notification to the authorities, great
ta( ilities would bo otfered for lauding contraband goods, and there can be no question
that the master, by permitting his men to laud, was guilty of a violation of sections
y.') and 180 of the customs act. There seems to lie reason to doubt his statement that
lie was driven into Arichat by stress of weather; but, be this as it may, the fact of
his having entered the harbor for a lawful purpose wouhl not carry with it a right to
v-vade the law to which all vessels frequentiug Canadian ports are amenable. In
this case, as iu that of the Everett Steele, already referred to, the statement of the
master that his od'ense was due to inadvertence was accepted, and the tine imposed
at once remitted.

I observe that in his dispatch relating to the first of these cases Mr. Bayard insists
with nnich earnestness u))on the fact that certain "prerogatives" of access to the
territorial waters of the; Dominion were specially reserved under the convention of
181H to the fishermen of the United States, and that a veusel entering a Canadian har-
hor for any purpose coming within the terms of Article 1 of that convention hae as

'rrinted pp. 419, 4'21, Foreign ReTatious, 1886.

I (I

Uil

86

TITK FISIIi:UIi:S QUr.STiON.

iiiucL right to be in tliut harbor as sho would have to be upon the high seas, and ho
liroceeds to iustituto a comparison between the detention of tha Everett Steele nnd
tJie wron<jfiil seizure of a vessel on tlu! high seas upon the suspiciou of being engaged
in the slave trade. Mr. Bayard further calls attention to 1 '» special consideration to
which, from the circumstances of their profession, the iisli iien of the United States
are, in his opinion, entitled, and he dwells upon the extent finjury which wonld re-
sult to them if they were debarred from the exercise of au^ I" the rights assured to
them by treaty or convention.

I observe that in Sir .lulian Pauncefotii's letter incloso<l in your dispatch it isst.itod
that the secretary of state for foreign atfairs wishes to urge upon the Dominion Gov-
ernment the great importance of issuing stringent instructions to its officials not to
interfere with any of the privileges expressly reserved to United States tishcrmen un-
der Article 1 of the convention of 1818.

I trust that the exijlaiiations which I have already been able to give in regard to
the cases of these vessels will luive satisfied yon that the facts disclosed do not show
any necessity for tin; issuing of instructions other than those rtlready circulated to the
local oilicials intrusted with the ex(>ciition of the customs as lishery law.

There is cc'rtainly no desire on the part of my Government (nor, I bcdieve, does the
conduct of the local officials justify the assumption that such a desire exists) to cur-
tail in any respect the privileges enjoyed by United States tisherineii in Canadian
waters. It can not on the other lian<l be contended that because these privileges exist,
and are admitted by the Government of the Dominion, those who enjoy tln^m are to
lie allowed immunity from the regulations to which all vessels resorting to Canadian
waters are without exception Bubjected under tlie customs act of 18a3 and the dill'er-
ent statutes relating to the iisheries of the Dominion.

In both of the cases under consideration their was a clear and undoubted violation
.)f the law, and the local officials would have been culpable if they had omitted to
notice it. That there was no animus on their part or on that of this Canadian Gov-
ernment is, I think, clearly proved by the pronii)titude with which the circumstances
were investigated and the readiness shown to overlook the oflense, and to remit the
penalty incurred, as soon as ]»roof was forthcoming that the oflense had been unin-
tentionally committed. In support of this view I would draw your attention to the
letter (nee' inclosure to my dispatch ( -. 2'Jth. November) of Mr. Phelan, the consul-
general of the United States at Halifax, who has expressed his own satisfaction at the
action of the authorities in the case of the I'earl NeUon and who also I'efers to a com-
munication received by him from the Department of State, in which it is stated that
the conduct of the assistant commissioner of customs in dealing with two other cases
of a somewhat similar complexioa " shows a proper spirit."
1 have, etc.,

LANfDOWKS.

No. 334.

Sir L. 8. SacJiville West to Mr. liayard.

WA-SniNGTON, April 4, 1887. (Received April (3.)
Sir : With reference to my note of the 28tli of January last, I have
the honor to inclose to you herewith copy of an approved report of a com-
mittee of the privy council ofCanada, embodying a report of the minister
of marine and fisheries on the cases of the United States fishing vessels
Pearl Nelson and Bvcrejit, Steele.
I have, etc.^

L. S. Sackville West.

T*

[Inclosurn.j

Cirtiiel copy of a report of a commiHee of the honorahte the privy couveilfor Canada, ap-
ptorcd I'lf his excel lenoif the governnr-fjeneral in coiituiil, on the litth January, 1887.

The committee of the privy council have had under consideration a dispatcn dated
November 2'?, 18Hff, from the secretary of state for the colonies, inclosing letters from
Mr. Secretary Bayard, bearing date 19th October, and refeniufj to the cases of the
Itjioonors Vearl Nelson and Everett Steele.

THE FISHEEIES QUESTION.

87

AN#DOWNB.

Till" minister of marine and fisliorlps, to whom tlio dispatcli and iiwlosnies were iv-
fciTod, nn'orts that in reply to a ti^lc^rain i'roiii tlio socirctary of ntato lor tlio rolonics,
ail orilcr in council, passed ou the Ihtli Noveinlici' last, ('ontaiiiiii}; a full Htali'munt of
facts regarding the detention of the abovivnanicd vchsoIs, wa-s IraiiHinitted to Mr.
Stinibo[io; it will uot therefore bo necessary to repeat this statemcut in the present

report.

The minister observes in the first place that the two fishinj? schooners Ev<retl Steele
and reatl Nelson wore not detained for any alleged contravention of the treaty of
1818 or the li^hery laws of Canada, but solely for the violation id' the ensfoni.s law.
Bv this law all vessels of whatever character are rerjnired to ro|)ort to the collector
of customs immediately upon entering port, and are not to break bulk or land trow
or cargo before this is done.

The minister states that the captain of tho Ervrctt Steele had on a previous voyage
eutercd the port of Shelburue on the ysth March, IdtiG, and aft erreiiiainiiig for eight hours
liml put to sea again without reporting to the customs. For this previous olfciiHi! he
was, upon entering Sholburno Harbor on the 10th September last, d('taine<l and the
facts were reported to the minister of customs at Ottawa. With these facts was
coupled the captain's statement tliat on the occasion of Ihct previous otlenso he had
heeu misled by the deputy harbor-master, from whom he undc^rstood that he would
not be obliged to report unless ho remained in harbor for twenty-four hours. The
minister accepted the statement in excuse and tho Eierctt Steele was allowed to pro-
ceed on her voyage.

The customs laws had been violated ; tlv> captain of tho Everett Steele admitted the
violation, and for this the usual penalty could have been legally enforced. It was,
however, uot enforced, and no detention of the vessel occurred beyond the time neces-
sary to report the facts to headquarters and obtained the decision of tho minister.

The minister submits that ho can not discern in this transaction any attemiJt to in-
terfere with the privileges of United States lishing vessels in Canadian waters or any
Bufliciimt case for tho protest of Mr. bayard.

The minister states that in the case of the Pearl Nelson no question •wtrn raised as to

' her being a fishing vessel or her enjoyment of any privileges guarantied by the tr»aty

of 1818. llcr captain was charged with a violation of the customs law, and. «f that

alone, by having, on the day before reporting to the collector of customs ut JLrichat,

landed ten of his crew.

This he admitted upon oath. When the facts were reported to tho minister ot cus-
toms he ordered that the vessel might proceed upon depositing $200, pending a fuller
examination. This was done, and the fuller examination resulted in establishing the
violation of tho law and in finding that the penalty wat- legally enforceable. The
minister, however, in consideration of the alleged ignoranre of tlw- captain as to what
constituted an infraction of the law, ordered the deposit to be rertiii.ied.

In this 1 ;i^ there was a clear violation of Canadian law ; there was no lengthened
(ittontion of the vessel ; the deposit was ultimately remit'«id, and the United Htates
consul general at Ha i ifax expressed himself by letter to tliv minister as highly pittiued
at the result.

Tho minister observes that in this case he is at a loss to discover any ir«^~fonnded
grievance or any attempted denial of or interference with any privileges piairantied
to United States fishermen by ho treaty of 1818.

The minister further observes that the whole argument and protest of Mr. Bayard

nppears to proceed upon the assumption that these two vessels were subjected to uu-

ivarrantable interference in that they were called upon to submit to the requirements

; of Canadian customs law, and that this interference was prompted by a desire to

! curtail or donv the privileges of resort to Canadian harbors for the purposes allowed

by the treaty of 1818.

it is needless to say that this assumption is entirely incorrect.

(Canada has a very large extent of sea-coast with numberless ports, into which for-

tiji;n vessels are constantly entering for purposes of trade. It becomes necessary in

I thi' interests of legitimate commerce that stringent regulations should be inade by

compulsory conformity to which illicit traffic should be prevented. Those < ustoms

r(i!:iilatious all vessels of all countries are obliged to obey, and these thoy do obey,

without in any way considering it a hardship. United States fishing vessels cou.e

directly from a foreign and not distant country, and it is not in tho interests of legit-

imato Canadian commerce that they should bo allowed access to our ports without

the same strict supervision as is exercised over all other foreign vessels, otherwise

I there would be no guaranty ngainst illicit traffic of large dimensioun to the injury of

[hiiBcsr trade and ths serious diminntion of tho Canadian revenue. United States

I fiduii;' vessels are eht>erfiilly accorded the right to enter Canadian ports for the pur-

Ipo.w of obtaining shelter, repairs, and procariog wood and water; but in exercising

this right they are not, and can uot be, indepciuh-nt of tho cnsioms hi w.s. They have

I the right to enter for tho purposes sot forth, but there isouly one legal way ia which

I to enter, and that is by conformity to the customs rc^^ulations.

■'w8'

THE FISHERIES QtTESTION.

I; i'

When Mr. Diiyaril HHHcrtH that Capliviu ForbcHliadnsmucIi liirlit tubu in Sbclbiirne |
Harbor HOckiiij^ sholtor and watc^r "as bo wonbl bav« bad oil tli() bij;Ii snas carrying
ou under sbeltt-r of tbi^ Ibij? of tbo United States Ic^itimato (!ommorc<'," bo is iindoiiht-
oilly right, but when bodocbircH. as bo does iu reality, that to compel Captain Forbes,
in Shelburno Harbor, to (Minforni to Canadian customs rcf^nlationa, or to punish him !
for their violation, is a mons unwarrantable stretch of power tlian " that of sciznrj
on the high seas of a ship unjustly suspected of being a slaver," ho makes a stateiuont
which carries with it its own refutation. J

Customs rcrgulations iire made by each country for the protection of its own trade
and commerce, and are enforced entirely within its own territorial jurisdiction, while
the seizure of a vessel upon the high seas, except under extraordiiuiry and abnornal
circumstances, is an unjustifiable interference with the free right of navigation com-
mon to all nations.

As to Mr. Bayard's observation that by treatment such as that experienced by the |
Everett Steele, "the door of shelter is slnit to American fishermen as a class," the minis-
ter expresses his belief that Mr. Bayard can not have considered the scope of such au
as-sertion or tbo inferences which might reasonably be drawn from it.

If a United States ilshing ves.sel enters a Canadian port for shelter, repairs, or for |
wood and water, her captain need liavo no difliculty in reporting her as having (in-
tered for one of t hos.> purposes, and the Everett Steele would have sutfered no detention
bad her captain, on the '2r)th March, simply reported his vessel to the collector. Ah it
was, the vessel was detained for no longer time than was necessary to obtain the de-
cision of the minister of customs, and tht» penalty for which it was liable was not
enforced. Surely Mr. Bayard does not wish to be understood as claiming for Unitid
States lisbing vessels total immunity IVom all customs ivgulations, or as intimatiiij;
that if tbev can not exercise their privileges unlawfully they will not exercise tiioiii
at all.

Mr. Bayard comi»lain8 that the Pearl Kelson, altliougb seeking to exercise no |
commercial privileges, was conipelled to pay conmiercial fees, such as are applicalile
to trading vessels. In reply the minister observes that tbo fees spoken of are not
■'commercial ices;" they are harbor-master'sdues, which all vessels making use of le-
gally constituted harbors are, by law, compelled to pay, and entirely irrespective ot I
any trading that uniy be done by tbo vessel.

'i'he minister observes that no bingle case Las yet been brought to his notice in
\liicli any United States lishing vessel has in any way been interfered with for ex-
ercising any rights guarantied under the treaty of 1818 to enter Canadian ports for
shelter, repairs, wood, or water; that the Canadian Government would not counte-
nance or permit any suc^li interference, and that in all cases of this class when trouble
has arisen it has been duo to a violation of Canadian customs law, which demands |
the simple legal entry of the vessel as soon as it comes into port.

Tbo commitleo concurring in the above report recommend that your excellency be
moved to transmit a copy thereof to the right honorable the secretary of state for tlie
colonies.

AU which is respectfully uubiuittcd for your excellency's approval.

John J. MctJEK,
Clerk Privji Coutidl.

THE FISHERIES QUESTION.

89

No. 335. ;

Mr. Bayard to ISir L. S. Sachville West.

Department of State,

Washinflton, April 11, 1877.

8ib: I have tlio honor to acknowlcdfjo the receiptof your note of the
I'ltli instant, accompanied by a copy cfuii approved report of a eomruit-
ti'c of a privy council of Cauada in rehitiou to the cases of the Ameri-
can lishing vessels rearl Nelson and Everett iSteele, which were brought
[to join- attention by my notes of October 19th and 20th last.
1 have, etc.,

T. F. Bayard.

No. 338.

Sir L. 8. Saclcville West to Mr. Bayard.

Washington, May 17, 1887. (Received May 18.)

SiK: With reference to your notes of the first December, 11th Noveiu-

Iber, and 27th .lanuary last, 1 have the honor to inclose herewith copies

of dispatches from the governor-general of Cauada covering reports of

a committee of the privy council respecting the cases of the United

States lishing vessels Mollie Adams, Laura Sayicard, Jennie Seavcrns,

land 8(irah II. Prior, which I have received from the Marquis of Salis-

llmiy for communication to the United States Government.

I have, etc.,

L. S. Sackville West.

Ilnclosnre 1.]

The Marquis of Lanedoune to Sir Henry Bolland.

GOVEBNMEiN'T HoUSE,

Ottaica, April 12, 1887.

"'^ik: I i^nvLfveti ^o he referred fortheconsideratioD of ruy Government a copy of your
lilinpatcb of tbe %M\ February last traBsmitting copy of a letter from tbo foreij^n oiflce,
nvith itN inclosure.s, re8i»rctiug tbe case of the Sarah H. I'riqrr and rcfiuesting to be fiir-

sfiod with a report upon tbo alleged cbhdnct of the captain of the Canadian revenue

90

THE FISIIKKir.S CiUKSTlON.

cutter Crltio on tlio occasion refeinMl to, iiiul I liavn now tin) lidiior to rorwiiid lir.
witli a ct'itirH'd ciipy ot'aii approved lopijit, of u ronitnitttMi of my priv.v loniuil nu i
boiJviiij; a Ktatemcnt of Cuptiila McLaren, of tho Vnliu, with ruiticuuo to the eucuiu.
Htuncci4 complained uf.
1 have, etc.,

•' Lanskownk,

1 1 ^^

[laolugDie 2.]

Certified copy of a rrport of a rommitfee of the ^'onornhle tlie prh)}/ ennncilfor Cannita, aj^'
proviiii 1)1/ Ilia excellency the governor-ymiral in couiivil oii the 7th April, IrirtT.

Tho coinniitt«!0 of tbo privy comu-il ii.ivo liarl nmlcr consideration a diHiiatcli (hwi
2IM Fobrnary, 1H87, from tlio r^jht honorable the Nccn'tiirv of Htato for the colmiiui
asking tliut lui itivoHtigation may l»o niado into the toiidnct of the (uiptain ot ilisl
Canadian cruiHor Critic a8 re;j;ardH the treatment cxtendi^d to Capt. Thomas ilcJ
Lauyhlin, of the U. 8. fishinj; Hchooner .S'a»«/* //. Prior, in the harbor of MalpciiacJ
Prince Edward Inland, in .Se])tember last.

The minister of marine and lisheries, to whom the diispatch was referred, snliiiii!i
tho followinj; Ktatemcnt of Captain McLaren, of the Critic, with reference to the eir|
cuiwstances complained of.
. On or abont the 14th Soptombor, IHoo, ','iiptain McLani^hlin, of the Sarah TI. J'rktA
came on board tho noverinnent crniser Craw i.t Alalpeinu), Prince Edward IsIiiikI.I
wanting to know if he wonld bo infringing on tho 'aw« by paying the captain oftlitl
schooner John InyallH a smal 1 snni of money tor the i 'icovery of a Heine which he Haiil|
be had lost a few days befon*, and wliich bad l)ecn pi>'ked \\\^ by the Haid ('aijtaiii.

I told him that I would not. interfere with him if tin captain of the fiiyalU cliosel
to rnn tbo risk of taking tho nnitter in hiH own bands, bnt that tho pro[)er coiirsel
wonld be for tho captain of the John Iiiyalla to report th> matter to tbo collector dil
customs, who wa.s also receiver of wrecks, and then if he (Cai)tain McLaughlin) coiildl
prove that the Heine was his, he conld recover it by paying the costs, (-'aptiiial
Meljanghlin then said that as the seine was all torn to pieces, ho would not l)oiLtr|
bimycdf abont it.

Tho captain of the John IngalU did not come to see mo about the matter, aii(ll|
heard nothing of it afterwards,

W. McLauen.

Tho committee respectfully advise that your excellency bo moved to forward tkj
foregoing statement of Captain McLaren to tho right honorable the secretary ot ht.ite|
for the colonies in answer tu his dispatch of the 23d February last.

John J. McGr.i:,
CUrk Privy Council.

finclesare .1]

The Marquis of Lansdoione to Sir H. Holland.

Government Hotrsi?.

Ottawa, April 2, 1887.

Sir: I have the honor to inclose herewith a certified copy of a privy council order!
respecting the case of the United States schooner Mollie Adamn, which formed tliel
subject of your predecessor's dispatches of the tith October and Kith December. I

Ihavetoexpressmyregnftthat It should have proved impossil)loto sni)ply yon wiilil
the necessary information bearing njion this case at an earlier date. Some time \viu<,|
however, taken in collecting the evidence embodied in the reports, copies of wliicli
accompany tho minute, and the occurrence of the general elections for tiie federal |
parliament to some extent interrupted the coiu'se of business in the public depiirt-
ments and increased the delay.

You will find in the report of my minister of marine and (Isheries, and in tlie iu-l
closures appended to it, a full and, I think, satisfactory rejjly to the whole of tlicI
charges made by the Government of tho United States against the conduct of tliel
Canadian ofTicials concerned in the matter of the Mollie Ailama. I

I would venture to draw your esiiecial attention to the concluding passages of tbcl
minister's report, in which lie earnestly deprecates the manner in which in this, m
well as in other cases in which disputes have arisen under conditiomt of a similarl
character, the Government of tho United States has not hesitated to adopt withoiiil

THt FISHEUTKS QUESTION.

1)1

Lanhuowne.

I iiicitiiiy. ••'"' to Hilii|)<ii(, with I 111' wlioln wci;{1lt of ifs :uilli'>rit,V, rr pn>-tn rh-.xrffi'it
iri'lv iilii^i>iili''">"'*' ''y foll.itoral (!viil(iMC(i, iukI uiiiiccomiiiniinil Uy iliiy <»ni('iiil ut-

vi<'« "t t'l" <""'' *'"*'' owini; lo tlia action of Mm (»«)voriiiiiniif of the United

„ ill I niiiiiuliiiK tlio liHlicry (^lauscsof tlio tni.'ily of WuHliiiiirton, ii liirnc Itody of

riciiii ii^lifniiuu liavo Hiuldf'nly found tluiii'.sidvo.s tixclndtid iVoni watorn to which

iiii'il for many yoara past nvsorttHl "vitliont ninIu8tution, and tliat tlic duty of tliUH

iKJiiili tiifui hiiH Iteou tlirown up. \ a uowly conHtituted forco of tisliiTy polico,

ssiirilv witliiint oxperiiMiuo of llio tlicult and doiicato dutiett wluch it Ih ciilli-il

111 til pi'i'forin, tlioro would lie. no canso for snvprisi) if ouciMional castiH of liurdMhip

f ovcr/i'aloiis action n|)(>n tlio pan, of tlio looal anlhorities unpaged in proteoting

intt'it'stsol'tlii^ Dominion wore to l)o l)ron)ilit to li);hl. It i-' tlio Harnost dosiro ot

ifovi'inin^Mir. to j^nard iigaiiiHt th« occnrronue of any such casr-s, to deal in a spirit

viHTosity and forlieariinoo with ''i.itod Stal lisiiornion roxorting to Canadian

„M ill tluM'Xorciiso of thiiir lawful lif^lits, and i • tako elFoctnal nit'aHuros for pra-

itiiijr arltitrary or nncalli'd-for intorlfi'onco on thu part of its oIllcialH with the

iliM'i'M allowed to foreign lisliiMiiuin und(!i' the ti'iiii'* of tlio convontion of 1>1I8.

lit' Tlitliculty of acting in sin^li a Hpirit iiiiiHt, howi-vor, bo ^'■"U'tly increastsd hy

course wliiHi liasbniMi pursued in this and in nninoiiumotlior casoH already lirouf^ht

our iioticiMii fonndiiif; not only t!io most urgtMit renunistranoos, hut tho most

.(!iit iiiiil oDiiiHivr cliiirfji's and the most nii.jnst imputation of motivos upon coin-

iitH siicli as that put iorwavil l>y i ho captain of tho Mollie AdaiiiR, a, person ho

cr.iti' that he a|ip('ars not (o h.ivo i)(«en ((ualified to make out the ordinary entry

isoM Ills arrival in a Canadian port, hut whoso .statoiuents, in my of whitih bear

111 till' lace of llnin evid(Mice of their untrnstworthiness, appear to have lieen ac-

iteil ill 'il'tho witlioiit (iiu'.stion Ity the .Secretary of St<ito.

'on will, I cannot help thinkinir, concur in the opinion expressed in tho niinistor's
It tiiat HiK^h hasty and indiscMiminute accusiitions can only havo tho effect of
iiiliciii!^ and eml)itterinj,c P'il)lie feeling in both countries, and of retarding tho
pect of a reasonable Heitltmient of tho ditloreaoes which havo unfortunately
11 lictwetMi them upon those subjects.
I have, etc.,

LA.NSDOWNB.

[Inclosuro 4.)

wtof a rommitlec of the honorahlo the pt'ivji council for Canada, approved by hi* ex-
cellency the gocernor-ijtmiral in council on the 'Mat March, 1667.

PiBcoinmittee of tho privy council have had under consideration a dispatch dated

[October, L"i8b, from tho right honorable the secretary of state for the colonies,

dsmittiiijj; a copy of a letter from the foreign otHco inclosing copy of a dispatch

I Her Majesty's minister at Washington with a note from the Secretary of State of

|Unite(l .Srates, calling attention to the alleged refusal of the collector of customs ;<, ■;

; Mulgrave, Nova Scotia, to allow tho master of tho United States (ishing vestel

^UcAddmH to])nrcha8e barrels to hold a supply of water for the return voyage, and

i.ifiirtlur dispatch dated 16th December, 18dlj, referring to tho same schooner,

|.l/«//ic Adamn, and her alleged treatineut at Malpequo, Prince Edward Island, and

Mudway, Nova Scotia^ and requesting au early report ou tho circumstauoes of
I casr.

Ilieiiiii isterof marine and fisheries to whom the said dispuitches and iuclosures
ic niferred submits tho following report thereon :

|r. Bajard's note of the lOMi Supteuilrer calls attention to the alleged refusal of the

fictorof customt at Port Mulgrave, Nova Scotia, to allow the master of the. ilfoJ-

iikim to pu chase barrels to hold a supply of water for which tho vessel had put

iliort, The report of tho subcoUector of custom'} at Port Mulgrave, which is

Etfi annexed, and which he expresses his readiness to verify upon oath, shows that

[J/»//ie /l(/am8 was fitted out with a water-tank which was reported as leaking,

' thu collector otfered to borrow barrels for carrying tho water on board if the

; were made tight, and otc i offered to send a man on board to perform this work ;

;w]iilr the captain of tho Mclioonor and ho were in conversation one of the crow

liinlitlhe information that the cook had sncv;ee<Ied in calking the tank.

|li:.t tlieioupon the subcollector borrowed tho seven barrels, with which the crew

lu'ii iter for tlieir vessel ; tha*^ tho barrels were returned to the collector, and
[cijitaiii a))pearod well pleased with what had boon done. Tho good will of tho
cnilec is also shown in his giving tho men a loiter to his superior officer, in ex-
huliou Ok tho cireumstances, and recommended that the purchat'.e of barrels ha
Iwod, a fjtep which was rendered unnecessary by the arrangements later made.

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92

THE PTSHERIEf5 QUESTION.

1 ><

I'f

The siibcolloctor in answer to his inquiry as to what, had become of the water larl
rels in use on board the vessel was iuformecl that thoy had been tilled with maclcereL|
This answer goes to prove that Mr. Murray was acting strictly within the scope o
his duty in ascertaining that the barrels sought to be ijumhased were not^ to bo \m
for an illicit purpose.

The colonial secretary's dispatch of the IGth jD(!ccinbor, 1886, refers to tlie saBtl
schooner, the Mollie Adams, and her alleged treatment a'u Malpeque, Prince Edwanl|
Island, and Port Medway, Nova Scotia.

In this case Mr. Bayard's representations are based solely upon a letter written tJ
him by the captain o<' the vessel under date the I'ith Noven»ber, which isunsupiiortf^l
by any other evidence, and upon the streujjth of which Mr. Bayard proce ds to charpi
the Canadian authorities with "churlish and iniiospitable treatment," and witlieif
hi biting a coldness and rudeness of conduct at variance with the hospitable fcjliogi
of common humanity.

The minister of marine and fisheries submits, as a complete reply to the allesatioa
contained in Captain Jacob's letter— (1) Tlie statement of the collector of cnstomsai
Malpeque, Princo Edward Island, (2) the statement of Captain McLaren, of thBCau-l
adiau cruiser Criiio, and (3) the report of the collector of customs aii Port MedwayJ

The two former ofiicers, although giving their reports without concert, agree iipoj
the main points at issue, and the statements of all three are clear, 8traightforwari|
and reasonable, and in marked contrast to the sensational and improbable story r
lated by Captain Jacobs.

Captain Jacob? declares that on or about the Sfith September last, during vei]l
heavy we ^ther, he fell in with the bark Neskilita, which had run on a bar at MalppqiJ
Harbor and become a total wrecl:. That he took ott' the crew, seventeen in numbej
at ]2 o'clock at night, carried, them to his own vessel, fed them for three days, ,\\ii
then gave them $1)0 wii.h which to pay their fare home, and provisions to last thcil
on their way. He states that the captain of the Canadian cruiser Critio caimi oil
board, was told I'le circumstances, but ottered no assistance, anil that ro one on slionT
would take the wrecked men unless ho became responsible for the payment of tbeia
board.

The collector at Malpeque in his report says that e.arly on the morning after thJ
wreck, so soon as the news reached him ho repaired to the harbor to see what assisiJ
anco could be given; that he then met the captain of tha NeskiUta in comitany witlT
Captain Jacobs, and was told by the latter that the craw of the wrecked vessel wtnf
comfortably cared for on his vessel, and that nothing more could bo done.

Captain McLaren, of the Criiio, says that ho at once visited thi MoUic JJc i« aii
was told by Captain Jacobs that " he had made all arrangements for the crew.'

Tho collector and Captain McLaren agree in stating from information gatlitrid k
them that the crew of the wreclced vessel came to shore In their own boat aiiiissi^tnll
and after boarding a Now Scotia vessel were invited by Captain Jacobs, with wlionl
the captain of tho Neakilita had beforetiiuie sailed ou*^. of GlouceSoSr, to go on Itoanl
the Mollie Adams,

Thi collector was asked by the captain of the N'iakilita if he would assist liinisei
and crew to their homes, and answered hat he could not unless assured that tbejl
themselves were without means for that purpose, in which case he would have to tel(l
graph to Ottawa for instructions. The captain of the Neakilita made no furthurapj
plication. I

The minister observes that it is the practice of tho Dominion Government to assiil
shipwrecked and destitute sailors, in certain cases of great hardship, to their destinJ
tion or homes, but in all cases it mast be clear that they are destitute, and tho npplil
cation for assistance must bo made to Ottawa through the collector of customs. Haj
such an application been made by tho captain of the Neakilita it would have receive^
due consideration.

In answer to the charge that board could not bo obtained for the wrecked crew,i
is stated by Captain McLaren that tho crow of a United States vessel wrecked iiboiij
the same time found no difficulty in getting board and that the captain of tlio^il
kilita had himself arranged to board with the collector, who expressed surprise atiil
failing to come. |

Captain Jacobs complains that he was not allowed to land from his vessel tho mi^
terial saved from the wreck. To this charge tho collector replies that he rcceivi'dt
intimation of any wrecked material except the crew's luggage being on board thl
Mollie Adams, and Captain Jacobs made no request to him regarding the lau<iiug|
wrecked material, and that he (the collector) gave all assistance in his power totlj
captain of the Keskilita in saving material from the wreck. J

It was subsequently discovered that Captain Jacobs had on board the Mollie Adan
a seine from the wrecked vessel belonging to the 'luderwritcrs, for taking ami
which, when obliged to give it up, Captaiii Jacobs claimed and was paid the s.ii:. of61|

Captain Jacobs states that he was put to a loss often days' fishing by his deliuitioT
with the Netkilita. The reports of both tho collector and Captain McLaren agree i^

THE FISUERIES tiUESTION.

93

jju ing a very difforont and siiflicitut roaaoii, viz, vory bad woatbor aad conaeqiient
lualiiiity tii tlsh, a disability expcrioDcod by tlie wbole lisbiug ileut at tbat time
lincliored in Malpeqno.

Tli3 second complaint of Mr. Bayard is that wbon Captain Jacobs, oxporionciaj^ a

hearlii of provisions as a conseqnonco of bis charitable action, shortly after put into

port Mwlwiiy and asked to pnrchase half a bairel of flonr and enough provisi-infi to

jiki) him home, the collector, "with full kiiowlodjje of all the ci'.ci:;ustaucesi," re-

Esi'd the request and threatened him with seizure if he bonght anything wh '.cever.

Tbo collector's report, hereto annexed, shows that Captain Jacobs entered his port

111 the 'iSth October, fnWy one month after the occurrence at Malpeiiue; that in eu-

tiing lie made allirmation that he called for shelter and repairs, and for no "other

liir|)o.so whatever; " that just before leaving he asked permission to purchase balf a

Jiirrol of Hour, and when asked by the collector if ho was without provisions, be re-

lijwl that he was tiot, adding that he bad " a good supply of all kinds of provisions

xccpt Hour, an<l tmoiigh of that to last him homo unless bo ra^t some unusual delay."

Uiiikr these circumstances the collector did not give the permission asked, but be

iiaili! no threat of seizure of vessel or imposition of penalty.

Mr. Bayard supports the complaint of Captain Jacobs that ho was charged fees for

otering his vessel at Canadian customs, and that these fees varied at different ports,

eing, tor instance, 15 cents at Souris, Prince Edward Island, 50 cents at Port Mul-

|iav3, and 50 cents at Port Hood, at which latter port Captain Jacobs sent his brother

» enter for him, but was informed that bis entry was illegal and that ho, as master,

Lust himself enter bis vessel. He complains of oeing obliged to pay twice, ouce for

Is Itrother's entry and once for his own.

Tlio minister states with regard to this that no collector of customs in Canada is au-

jiorized to charge a fee for entering or clearing a vessel, nor for any papers necessary

(do this. Sailing masters, however, who are unused to the law, or not competent

I make oat their pi»pers, are in the habit of employing persons as customs brokers to

'■(I out their pn[!ers for them, and for this service these brokers charge a small fee.

.aoarenot Goveri:ment offlcers nor under Government qontrol, and their services

tt voluntarily paid for by those who employ them. The small fees of which Cnptaia

tenbs complains need not have been paid by him if he bad been willing or qualified

Miinkeout his own pajjcrs. That he was not so willing or qaalified and that ho

lyod a broker to make out his papers is conclusively shown by the following

llicram received from the collector at Port Hood, the charges at which port Mr.

Biiretary Bayard so vigorously denounces.

r'^opies of telegrams ]

"Deputy minister offiaheriea to collector, Port Hood, Nova Scotia.

" Ottawa, March 16, 1887.
'Did you during last season exact from Captain Solomon Jacobs, of schooner
toUie Adams, any charge for reporting, or other service at Port Hood f If so, please
late amount received and for what."

" Collector, Port Hood, to deputy minister of fisheries.

"PoKT Hood, Nova Scotia, March 16, 1887.
I" Solomon .Jacobs, of schooner Mollie Adams, sent one of his crew to report 13th
Ipfciiiber last ; he made a report. I told him, however, that the report should be
lide l)y the master. A few hours afterwards Jacobs himself came and reported.
ley {foc Dau. McLennan, who is now in Halifax, to write out the reports. I believe
Icliaigcd them 25 cents each for brokerage. No other charges whatever were made."

Id the MoUie Adai
for taking '"ivo'

|)aid the sail! otSlJ

ig by his det(!Utio

McLaren agree'

Till) minister slates that he has no doubt that the other payments at customs ports
liuiwl to by Mr, Bayard were made for services rendered Captain Jacobs by persons
kinif out his entry )»apers, and which he does not i>.ppear to have been qualified to
jhiinMclf.

fViiii n^feronce to Mr. Bayard's reiteration of Captain Jacobs's complaint that iu
Pir.iit harbors ho was obliged to pay a different scale of duos, the minister of nia-
|>i siiUuiits that in Canada there are distinct classes of harbors. Some are under
toDiitrol of a commission appointed wholly or in part by the Government, under
WHO management improvements are made an I which regulates, subject to the ap-
fval of Government, the harbor dues which are to be paid by all ve^jsols entering
h ports and enjoying the advantages therein provided.

vtli'Ts are natural harbors in great part unimproved, whoso limits are generally
Ined by order in council and for which a harbor-master is appointed by Qovern-
Vt, to wnom all vessels entering pay certain uomiual harbor-master's fees, which

94

THE FISHERIES QJESTION.

1 1

■I

are regulated by ageneral actof pailirttnent, and wliioli coastitute a fund out of whif
the harbor-tuaator is paid a siiiall salary for his servicoH in inaiutainiiiK order withj
the harbor. Th.o port of St,. John, New Brunswick, is eutiroly uuilor miinitip)
ouDtrol aud has its own stated and uniform scale of char<;eH.

Harbor dues are paid wliouevor a vessel enters a yiort which is under a conimissioi
and harbor-master's fees are naid only twice per calendar year by vesseLs cnteriii
ports not under a commission. Sydney belonga to the lirst class, and at that
Captain Jacobs pi^id the legal harbor duea. Malpi-que and Port Aliilgrave beloii
the second class, and in those Captain J.acobs pai<l the legal harbor-mastei'.s It
which, for a vessel like his, of from 100 to 200 tons, is $1.50. Tliat he paid only^l
Malpeque is due to an error of the harbor master, who should hav<! charged himijilj
aud by this error Captain Jacobs saved 50 c(Mits, of whicli ho should not conipian
For full information as to the legal status of Canadian harb»)r8 Mr. Bayard is re.spwi
fully referred to the Canadian Statutes, 'M Vict., cap. GU; 4'2 Vict., cap. 30; and
Vict., cap. 30.

The minister of marine and fisheries believes that after a thorough perusal of tbi
Mr. Bayard will not cite the payments made by Captain Jacobs as evidences oft!
" irresponsible and different treatment to which be was subjected in the sevc^ral po]
he visited, the only conmiou feature of which seems to have been a surly hosiility,'
The minister submits that, from a careful consideratmn of all the circumstaucei
he can not resist the conviction that, in this whole transaction, Cai)tain Jacobs wi
more concerned in making up a case against the Canadian authoritiast than in uiwl
trusively performing any necessary acts of hospitality, aud that his version of tl
matter, as sent to Mr. Bayard, is utterly unreliable.

The NcskiiUa was wrecked ofi' a Canadian harbor ; the crew, it is stated, came; aslioi
in their own boat and unassisted ; a Canadian collector was at hand otl'ering his HirrJ
ices, aud witltin easy appeal to the Government^ and ihe captain of a Canadian criii
was in port ; yet. Captain Jacobs would appear, by his own story, to have taken coi
plete cha»ge of the captain, to have ignored all proffers of assistance, and to have coi
stituted himself the sole guardian and spokesman of the wrecked crew, to have liei
in short the one sole man actuated by kindly, humane feelings among a horde of crm
and unsympathetic Canadians.

For any exercise of good-will and assistance to Canadian seamen in distress
either foreign or n.itive vessels, the Canadian Government can not but feel deepl
grateful, and stands ready, as has been its invariable cu.'itom, to recognize suitablj
and rewa''d such services, and when Captain Jacobs performs any neces.sary act
charitable help towards Canadian seamen in distress without the obvious aim of luani
facturing an iuteruational grievance therefrom, he will not prove an exception
Canada's generous treatment.

The minister observes that in a dispatch to the governor-general, dated the 2711
December, 1886, and in reference to tliis same case, Mr. Stanhope writes: "Vi
reference to my dispatch of the 16th instant relating to the case of the United Stati
fishing vessel Mollie Adams, ond referring to the genera' complaints made on thu pai
of the United States Government of the treatment of Amcirican fishing vesseln ii
Canadian ports, I tliiak it right to observe that whilst Her Majesty's Govoriiiint
do not assume the correctness of any allegations without first having obtained tli
explanations of the Dominion Government, they rely confideutTly upon your iniiiislei
taking every care that Her Majesty's Government are not placed in a position of U
ing obliged to defend any acts of questionable justice or propriety."

The minister, while thanking Her Majcssty's Government for the assurance conveji
that it will uo« "assume the correctness of any allegations without having obtaine
the explanations of the Dominion Government," and whilst assuring Her Miij 'stv
Government that every |»ossihlo care has been and will be taken that no " acta of (|iib
tionable justice or jiroprioty " are committed by the ofiicers of the Dominion Gnvcri
ment, can not refrain from calling attention to the loose, unreliable, and nnsatisfac'.oi
nature of much of the information supplied to the United States Government, and m
which very grave charges are made, and very strong language ofllcially used agaiui
the Canadian authorities. For instance, as stated in a previous part of this repor
the strong reiiroseatations made by Mr. Bayard in the case of the MoUie Ad<vMSi\
based solely ujion a letter written by Captain Jacobs, not even accompanied by i
official attestation, and not supported by a tittle of corroborative evidence.

It dues not appear that any attempt was made to investigate the truth of th
Btory, unreasonable and improbable as it must have apjiearcid, as the letter \vrilt(
by Captain Jacobs bears date the I'ith November, while Mr. Bayard's note biw
thereupon is dated the Ist December. It would seem only fitting that in so grave
matter, involving alike the good name of a friendly country and the continued su
sistence of previous amicable relations, great care should have been taken to avo

the use of such strong and even hostile language, based upon the unsupported Ktat pureliasi

ments of an interested skinper, and one who.se reputation for straightforward coi
duot does not appear to be above reproach, if credence is to be given to the altacbi

dcsi
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mad
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Captain

THE FISHERIES QUESTION.

95

k fund out of wIikJ
iniiig order withij
,' uuilor munitipii

nder a coniiiiissim
by vessels L'iiteriii(|
R, mid at that ihj
Unlfjjravo bcloiisti
irbor-mastei'n liei
t \w paid oulyijlii
)cliar<;ed liiiiiijl.jj
;)uld uot coiuplaiij
-. Bayard is respici
;t., cup. 30; audi

gh perusal of thcJ
as evidouces oftkj
La the sovornl jnm
a surly hostility,'!
the circuiiistaiitesj
Captain Jacobs »»
ritiaitthaii in unoS|
b bis version of tin

stated, catiio a.sboiJ
ud otl'eriii<; h-s m-ri]
fa Canadian criiist

to have taU(Mi coij
CO, and to have coaj

crew, to havo bcei
aug a horde of ctnj

itnon in distress I
not but feel decpll
• recognize snitaljl|
,ny necessary acto
l)viousaiHJ of luaiiul
>V6 au exccptiouti

eral, dated the '27t|
pe writes: " Wi
)f the United StatJ
ts made ou tliu jtaij
11 fishing vesseljir
jesty's GoveriiiiH'ii
aving obtained
Inponyour niiiiibteij
in a position of 1

|y"

lassii ranee conveyti
>at having obtaiiifj
Jring Her Miij'sty]
|at no " acta of (|nei
Dominion Gcvcril
I, and nnsatisfac'.iitj
Vernuient, and uw
(icially used CKaiul
>art of this repi'Ti
(e MoUie Adaim'ii
iccoiupanied by
evidence,
the truth of th|
Is the letter \vritt«|
bayard's note bin
, that in so gravel
[the continueil sul
leen taken to avoj
jnnsnpportcd Htaw
lightforward coij
len to the attach

(lesciiptioD, taken frou the Boston Advertiser, of a transaction said to have occurred
in his native city, and in which Captain Jacobs appears to have played no enviable
[lart.

Niunerous other instances of like flimsy and unreliable foundations for charges
made against the Cani'diau authorities in regard to their treatment of United States
lisliiuj? s'OMsels v.m not have failed to attract the atlention of Her Majesty's Govern-
misiit in the dispatches which from time to time have reached it from the United
States.

The master of a United States fishing vessel, imperfectly understanding the provis-
ions of the convention of L>H>i, the requirements of the Canadian customs law, or the
rt'),'iil;iti<)ns of Canadian ports, having, perhaps, an exaggerated idea of his sni»posed
rijjiil.s, or, it may be, desirous of ovai'ing all restrict ions, is brought to book by ofS-
. era of the law. He fecln aggrieved and angry, and straightway conveys bis supposed
;;iicvaiico to theanthorii i«sat Washington. Thereupon, without any seeming allow-
jiice for the possibility of the statement being inaccurate or the narrator unfiiendly,
and with ajiparently no attemi)t to investigate the truth of the statement, it is made
the basis of strong and unfriendly charges against the Canadian Government. Canada
liassiitl'jred from such unfounded representations, and iigaiust the course adopted by
tli(^ United States in this respect the minister enters his most earnest protest.

As an additional instance of the manner in which 'evidence is gathered and used to
tlui jiicjiidice of the Canadian ease the minister calls attention to a communic^ition
siibiiilied to the Senate of the United Status by Mr. Edmunds, and which forms
|iiiiitod Document No. 54 of the Forty-ninth Congress, second session. This is the ro-
poi't of Mr. Spencer F. Baird, United States Fish Commissioner, containing a list,
with paiticuliirs, of sixty-eight New England fishing vessels which ha<l, as ho alleged,
'i)een su Injected to treat niont which neither the treaty of 1818 nor the principles of

i iiitiTnalional law would seem to warrant."

Tiie minister ( ^serves that it will appear from a perusal of this report that ihese

I sixty-light cases were made up by Mr. Baird's otQcer from answers of owners, agents,
(ir iiiasKMVs of fishing vessels in response to a circular letter sent to all New England
lisliii'g vessels, inviting them to forward statements of any interference with their op-

leratiDUs by the Canadian Government.

Nol a single statement was investigated by the Commissioner or any one acting for

I him. and uot a single statement is accompanied by the atfldavit of the person making
it, (ir by corroborative evidence of any kind. In most instances, neither date, local-
ity, nor name of Canadian ollicer is given, and a;i analysis of many fif the cases af-
t'lirds prima facie evidence that they embody no real cause for complaint; yet Mr.

I liuinl and his otlicer, Mr. Earle, vouciied for the correctness and entire reliability of

I tlicso sixty-eight statements. They were gravely submitted to the Senate as trust-
worthy evidence of Canadian aggression, ami became, no doubt, powerful factors in

]i:ii]iiencing Cougressiontil legislation hostile to Cauiidian and British interests.
The minister, while inviting attention to and strongly deprecating such action as

I aliove recited on the part of the United States, takes occasion, at the same time, to es-

I jiiess his entire contidonce that the rights of Canada will not thereby be in any degree

jliivJi!(Uced in the eyes of Her Majesty's Government.

fiii^ committee concur in the foregoing report of the minister of marine and fisher-

lie, and th(!y recommend that your pjxcellency be moved to transmit a copy of this

luii'iiile, if ajiproved, to the right honorable the secretary of state for the colonies.
All which is respectfully submitted for your excellency's approval.

John J. McGke,
Clerk Privy Council Canada.

(Inelosure 5.]
Jlfr. Murray, jr., to Mr. Tilton.

POKT MULGHAVK, NoVA SCOTIA,

Novemher 1, I886i.

Sir : Referring to yonr letter of 28tli October, I beg to say that on Monday, the 30th
|\nj;iist. the schooner MoUic Adams, of Gloucester, Mass., Solomon Jacobs, master,
llassed two customs porta in the Straits of Canso Ixifore coming to my port. In fact,
liieseiit his boat (ilory) with his bro^hei and a Captain Campl)ell to me to see if I
Iwniild allow him to get. seven empty barrels to put water in. I asked the men vrhat
Ithoy (lid with their water barrels. They told me they had filled them with mackerel,
|iin(i that their tank leaked. I told the men that I had no power to allow them to
jiraieliase barrels, but I would borrow barrels to fill with water if they would raidk
Itlwtaiik. I also gave them a letter to take np to my superior, asking him to allow
lUptain Jacobs to purchase the barrels. They wont on board, told their story, and

90

THE FISHERIES QUESTION.

the captain ancliored his vessel ami camo ashore to son ine. 1 offered to ai ml a man
on board to caulk the tank. In tho luean time one of tlie crew caine on shore am'
said ihat the cook had succeeded in tightening tho tank; that it licld salt water, l
then borrowed tlie Hcven barrels to fill the water, which they did, ind I ri'turneU tbn
barrels a^ain, and tho captitin was well pleased, as he appeared so.
If this IS not (.atiat'uctory I can make oath to the foregoing.
I am, etc.,

Davio MruKAY, Jr.,
:'•■■' '; ■' Hubvollivlor CuHlomi,

Ulil'ij

m I

>■ VA ... . , ' [IncIoBure 6.)

';' ' ' ' ," ■ ^ Mr. McKutl to Mr. TiUon.

Malpeque, PiUNCE Edwakd l8r,AND, ,/an«flr(/ 7, 1887.

Sir: I hiive the honor to acknowle<lge tho receipt of your letter of the 29t' De-
cember, covering statements made by Captain Jacobs, and now adjoin statement
of facts as personally known by and coromunicatod to nu( of wreck of the NcHliliia
on Malpeque Bar, on Sunday night, the 2()th September last. Information rcaclieil
me early on the following mornhig, and I at once proceeded to the harbor to see wlmt
assistance could be given in the case, when I met Captain TlioiBiborno, of thciVr.sAi/iffl,
and Captain Jacobs in company, and was informed by the latter that the crew were
on bdird his vessel, and assured that everything that could be done tor their comfort
Lad been done. I was also given to nnderstan<l that during tho night the crew had
abandoned their schooner and come in tho liarlmr unassisted in tlnir seine-boat, and
boarded a Nova Scotia schooner lying in th.; harbor, aiid were the iictt morning invited
by Captain Jacobs to make his vessel their home. I was also inform(>d l)y Captain
McLaren, commander of the Canadian cruiser Critic, thai he also tendered liir, assist-
ance, and was rather haughtily received by Captain Jacobs with the information
that the crew were aboard his vessel and that he (Captain McLaren) v.id not thiuk
the case demanded him to force his assistance.

With regard to tho wreciked material aboaril of Captain Jaoobs's ves-sel, I have only
to say that this is iho first intimation I have ever had of such material being aboard
his vessel, except the crew's luggage, and that assuredly Captain .lacobs did not, so
far as I can recollect, make any request of mo whatever with regard to the landing of
wrecked material. ,

With reference to the saving of material from the wrecked vessel, I would wish to
say that I rendered tho captain of the Neaktlita all necessary assistarco in procurinj;
suitable men to do that work (and who were thus employed by him), and althongli 1
avx aware that Captain Jacobs did accompany the captain of the Ncukilita to tho
wreck, I can not say in what capacity or under what authority he did so.

So far as the assertion that the crew received tho means to I ako them home from
Captain Jacobs is concerned, I know nothing positive, except that he ^Captain
Jacobs) asked me if the Canadian Government would remnneiate him for his atten-
tion to the crew, and feeling that I had nothing to do with him, I mer<'ly replied that
I did not know. But I may say that shortly after the wreck occurred the captain of
the Ncslcitita asked me if I could render them (the crew) any assi.s-tanco in getting
home, and I answered that I could not unless J was assured tliat tlicy thctnse'ves
wore without tho means of doing so, and that in any case I would have to telegraph
to the departuKMit at Ottawa for instructions. Here the nmttor stoppeil, the captain
making no further application.

With regard to tho delay of ten days, said to be occasioned (Captain Jacobs) by
reason of the shipwrecked crew, I may say that during tlie ten m- fourteen da.Mi fol-
lowing on the said shipwreck we had an almost continuous ])eriod of stormy weathor,
with the exception of a couple or so of fine days, which were taken advantage of by
the fishing fleet, and one at least by Captain Jacobs Iiiuiself. but by all reports re
ceived by me resulting in little or no catches of mackerel.

These, so far as 1 can now recall them to memory, are the true facts in the case.
I am, eto.,

James McNutt.
* iSiibcollector.

[luclosure 7.]

Mr. McLaren to Mr. TiUon.

Gkouoetown, Puixce Edward Island, January 6, 1887.
Dear Sin : Yours of the 29th ultimo to han<l. In reforouce to tho first part of tlio
Btatement made by Ctiptain Jacobs, I would say tbnt he may Imve been off Malpeque
at the time tho wreck occurred, but I do not thiuk he took the crew off; as, so far as

THE FISHERIES <^UF«TION.

97

lu HI 11(1 ii man
i<! on shore ani'

I Hlllt watiM'. 1

1 I retunioil the

{KAY, Jr.,
'color CuHiomt.

muary 7, 1887.
of ihoiJDt' De-
(IJoiii stJitciuent
of (ho NculUita
Illation readied
rhor to see wlijit
of the JVrvAi/i/fl,
,t the erew were
or tlieir comfort
ht the crew had
■ seiiuvboat, and
inoniini; invited
nied by Captain
(lered liir, assJHt-
th>) in format ion
i) uid uot thiuk

ssol, I liavn only
ial he! 11 J? aboard
icobs ditl not, so
;o tho lauding of

I would wish to
CO in proeiirinj;
and althmiffli I
XcKkiUta to the
(I so.

licm homo fioin
at ho (Captain
III for his atten-

ly replied that
1 tlie captain of
unco in getting

!iey tlieiiiaelves
,vc to telegraiih
led, the captain

|ain Jacobs) liy

irteeu daj'S fbl-

Itorniy weather,

Idvantaj^e of liy

lall reports re

I in tlu; case.

IMCNUTT,

iSubcoUector,

iiary 6, 1887.
Irnt part of the
|n off Malpeqne
T; as, BO far as

I could loam at tho titne, they came ashoro in one of their own soino-hoatB and went
lirst to a Nova Scotia vessel and afterwards or. board the Mollie Adams.

On tlio morning after the wreck occurred I went on board the Mollie Adams, and was
imniediately told by Captain Jacobs that he had made all arrangements for tho
(row, and liaving secured a team, wat. going with tlio captain of the A^eakWta to the
cUHtoiii-houso to note a protest. As I could see by tho conduct of both captains that
I was not wanted, I returned to my own vessel. Afterwards, in the course of a con-
vi'iKatiou with the captain of tho Neskilila, ho informed mo that he had sailed out of
Gloucester for somo time, and in the course of that time with Captain Jacobs.

As to the statement that he could not get a boarding-house for his crew, I think it
is false, as the crow of ono of tho American vessels wrecked about the same time had
i!i) (lilliculty in getting the people to board thom. Once while talking with Mr. Mc-
,>,itt, the collector of customs at Malpeqne, ho mentioned that the captain of tho
.VwiW/ito had engaged to board at his place, and he expressed his surprise that ho
was not coming. Both Captain Jacobs and the captain of tho ^'cnkiUta were commit-
tlnj; a frautl in trying to get off with the seine of tho wrecked vessel, as it belonged
to the underwriters ; t*nd I think that it was the prospect of getting Captain Jacobs
to got away with the seine that prevented the captain of the Neakilita from asking
mo for assistance. However, Captain Jacobs, on finding ho could not carry out his
fraud, presented a claim of $10 fcr the salvage of the saiue and goar, which sum was
paitt him by Mr. Lemuel Poole, Charlottetown, who was acting on behalf of tho
underwriters. It may be possible that Captain Jacobs staid at Malpeqne after I
saPciil but, if so, it was his own fault, as tho crow of the Neslcilita had gone home
before then.

Itismy< )iniou ttiat Captain Jacobs need not have lost one hour of time, for during
tho time tho Neskilitc^a crow were on board his vessel tho fleet, with the exception of
ono or two small vessels, was anchored in Malpeqne, and unable to put to sea owing
to the heavy sea on the bar.

After the occurrence of the wreck, about the 20th September, Captain Jacobs cruised
in tho North Bay and on the Capo Breton coast, and not until the 24th October was
be reported as )ia8siug through Canso bound home.

As to the paying of the crew's passage home, I can say nothing, except that if ho
[ did ho did it voluntarily, as the captain of the Neskilita could have sent his crew homo
I without his assistance.
Yours, etc.,

Wm. McLaren.

■'; [loclosore 8.] '•'-

Mr. Letsom to the deputy minister of fisheries, Ottawa.

CusTOM-HousK, Port Medxoay, January 6, 1887.

Sir : In reply to your letter of tho 30th ultimo, inclosing extract of statement made
[by Captain S. Jacobs, of the schooner Mollie Adams, I have to say that on the 25th
I October last. Captain Solomon Jacobs, of schooner Mollie Adams, reported at this office.
I His report is now before mo, in which ho swears that he called here for shelter and
I repairs and for no other purpose. After making his report and when about leaving
Itlie office. Captain Jacobs asked if I would allow him to purchase a h.alf barrel of
jllour. I asked him if ho was without provisions, and he replied that he was not,
[adding that he had a good supply of all kinds of provisions except flour, and enough
lof that to last him home unless ho met with somo unusual delay. I then told him
Ithat under the circumstances I could not give him permission to purchase the flour;
[but no threat was m.auo about seizing his vessel or imposing any penalty whatever.

The above I am quite willing to substantiate under oath, and can produce a witness
|to tho truth of the statement.
I am, etc.,

E. E. Letsom,

Collector.

[Inclosnre 9.]

Iltract from tho Boston, TJnitod States, Advertiser of November 19, 1880.— Gloucester politics.— An
appearance of ballot-stotUng. — George Morso nominated for mayor.

Gloucester, November 13.
At f. citizens' mass meeting held here this evening. Lawyer Tuft, chairman, to nom^
Inato a mayor, a committee, consisting of J. J. Whalen, Albert P. Babson, Capt. Solo-
Boa Jacobs, J. N. Dennison, and Edwin L. Lane, was appointed to count bullota.

8. Ex. 113 7

m

THE FISHERIES QUESTION.

i

Ui

l^i

After much wraiiKl>>>Ki <>ii" informal aud then formal ballots wore taken, wlieu Mr.
Dennisou niailo a minority report, acciiHing Capt. Solomon JucobN of HtnfTIn^ the lial-
lot-box. William T. Morcliant counted the ballots while beinj? cast, makin}^'2()l, but
the committee reported U12 cast, which tended to show that Jacobs had put iu4ij
illcjraDy.

Much excitement ]trovailed, and a motion was made that ho be dismissed from tlie
committee. The cliairnian called tor Jacobs to come forward and explain his action,
but it was found that ho had disappeared, llo was in favor of David J. llobinson lu
candidate for major, but wont over to William A. Pew, jr.

Another ballot was taken and Dr. George Morse received the nomination.

flnclosuro 10.

Forty ninth Congress, second sossion. Seniitn Mis. Doc. Ko. 64. —In (ho Senate of the United States,

February 8, 1887.— Utdorcd to bo printed.]

Mr. Edmunds submitted the following communication from Spencer F. Buinl,
United iStatoH Commissioner of Fish aud Fisheries :

United States CoiMMission ok Fish and Fisiikries,

WasMnijtov, B.C., February ^,1887.

Sin : I forward herewith for yonr information a copy of a commnnication from Mr.
K. Edward Earle, in charj^o of the Division of Fisheries of this Conunission, acconii)a-
nied by a listof New Eugland fishing vessels which have been inconvenicured in their
lishing operations by the Canadian anthoriti'^s (hiring the past season ; these being ia
addition to the vessels mentioned in the revised list of vessels involved in the contro-
versy with the Canadian authorities furnished to your committee on the 26th of Jan-
uary by the Secroiary of State.

The papers containing the statements were received from the owners, masters, or
agents of (he vessels concerned, and (hough not accompanied by aflidavits are be-
lieved to be correct.
Very, etc.,

Spencek F. Baird,

Comniiaaioner,
IIou. George F. Edmunds,

Chairman Committte on Foreign Itelationa, United States Senate,

[IncloBuro 1 to inclosure 10.]

Mr. Earlo to Mr. Baird.

United States Commission of Fish and Fisheries,
'. llasliinyton, D. C, February T), 1887.

Sir: Some time since, at your request, I mailed circulars to owners or agents of all
New England vessels employed in the footl-lish fisheries. Thesecalled for full statistics
of the vessels' operations during the year lb-j(3, and in addition for statements of any
inconvenience to which the vessels had been subjected by the recout action of tlie
Canadian Government in denying to American lisbing vessels the right to buy bait,
ice, or other supplies in its ports, or in placing unusual restrictions on the use of its
harbors for shelter.

A very largo percentage of the replies to these circulars have already been received,
and onr examination shows that in addition to the vessels mentioned in the revised
list transmitted by the Secretary of State to the Committee on Foreign Relations of
the United States Senate on the 2()th January, 1887, sixty-eight other New Englaud
fishing vessels have been subjected to treatment which neither the treaty of 1818 nor
the principles of international law would seem to warrant.

I inclose for yonr consideration list of these vessels, together with a brief abstract
of the statements of the owners or masters regarding tbe treatment received. The
statements were not accompani'id by affidavits, bnt are believed to be entirely relia-
ble. The name and address of the informant are given in each instance.
Very, etc.,

!>; ^ . -■ f! R. Edward Earle,

In charge Division of Fishei'iei.

[IncloRuro 2 to incloanro 10.]

Partial list of vessels involved in flic fiHhrfics controversy with the Canadian authoritiei
from information furnished to the United States Commissioner of Fish and Fisheries.

(Supplementing a list transmitted to the Coniiiiittee on Foreign Relations, United
States Senate, by the Secretary of Siate, lililh January, 1887.)

Eliza A. Thomea (schooner), Portland, I\Ie. ; E. H. Hibbs, master. Wrecked on Nova
Scotia shore, uuablo to obtain assistance. Crew not permitted to land M to saive any-

THE FISIIEKIES tiUKSTlON.

ao

rs, musters, or
idavits are be-

tbiii" until pormission wan rocoivoil fmiii captain of onttor. Canadian ofQcialn placnd
ii.iiinl ovur lisli navtMl, and ovorvtliin^j; saveil from wrock narrowly escaped uonlisca-
tioii. (From Htateincnts of (J. J). Tlionies, owner, I'oitland, Mo.)

Chrixtiiia Ellmeorth (Moiioonor), Ea-stport, Mo.; Janie.s Ellsworth, master, Entorod
Port lliistinnH, Capo Breton, lor wood; anchored 10 o'el<>ck and ru()orted at eimtoni-
house. At 'i o'clock was lioanleil by captain of (Mitter llvcior and order(!d to sea, l>o-'
iiij; forced to li^ave without woo'l. In every harlior i'nter<!<l was refiiscMl piivilcj^o of
bii.viii|4anythin>;. Anchon'd under tho leo of land in no harhor, but was compelled
to enter at custoni-honse. In no two harbors wore tlie fees alike. (From statements
of Jiiines Ellswortli, owner and master, Eiistjiort, Me.)

ilanj I''. '17(01;/' (sehooniu-), Wellll(!et, Alass. ; Kimon U(!i'rio, master. In July, ISrtfi;
jo.stseine oil" North Cai)e, Prince Edward Island, and not allowed to make any repairs
on Hliore,cansin}^ a broken voya;;e and a lonj; <lelay. liau short of provisions, and
beiii^C denied privilej^o cf buying; any on hnnl had to obtain from another American
vessel. (I'^rom statements of Freeman A. Snow, owner, Welllh^ot, Mass.)

Slowell Sherman (schooix^r), I'rovineetown, Mass. ; 8. F. Hatch, master. Not allowed
to piircbaso iiec(\ssary Hiip|)lios and ol>lijj;ed to r(![tort at cnstom-honsea situated at
(liHtiint and inconvenient places. Ordenul out of harbors in stress of weather, namely,
out (if C'ascumpic Harbor, Frince Edward Island, nineteen hours after entry, ami out
of Malpeiiue Harbor, Prince Edward Island, liftecMi hours after entry, wind then
lilowiu'i too hard to admit, of tishiufji Ketnrnod homo with broken trip. (From
statements of Sanniel T. Hatch, owmir and master, Proviue(^towil, Mass.)

Walter L. Rich (schooner), Welllleet, Ma.ss. ; Obadiah Kieli, master. Ordered out of
Malpeque, Prince Edward Island, in unsuitable weather for iishiufj, having been in
liiirbor only twelve hours; denied right to purchase provisions; forced to cuter at
customdiousc at Port Ilawkesbury, Capo Breton, on Sunday, collector fearing that
vtssel would leave before Monday and \w would thereby lo.so his fee. (From statc-
inonts of Obadiah Kich, owner and master, Welllleet, Mass.)

Bertha 1). Nickerson (schooner), Booth Bay, Me. ; N. E. Nickor.sou, master. Occa-
sioued considerable expense by being denied Canadian harbors to procure crow, and
detained in spring while waiting for mtni to como from Nova Scotia. (From stato-
uiciits of Nickorson and sons, owners. Booth Bay, Me.)

Xewell B. llawca (schooner), Welllleet, Mass. ; Thomas C. Kennedy, master. Refused
privilege of buying provisions in ports in Bay St. Lawrence, and iu consequeuco
oliliijed to leave for homo with half a cargo. Made harbor at Shelburne, Nova Scotia,
ill face of storm at 5 p. m., and master immediately started for custom-house, 5 miles
(listiuit, meeting captain of cutter Terror on way, to whom he explained errand. On
returning found two armed men from cutter on his vessel. At 7 o'clock nest morn-
ing was ordered to sea, but refused to go in the heavy fog. At 9 o'clock the fog Iffted
slijfbtly, .and, though the barometer was very low and a storm imminent, ves.sel was
I'orced to leave. Soon met the heavy gale, which split sails, causing considerable
ilauiago. Cai)tain of Terror denied claim to right of remaining in harbor twenty-four
hours. (From statements of T. C. Kennedy, part owner and master, Wel'fleet, Mass.)
Helen F. Tredicic {mhooucr), Cape Porpoise, Maine; R. J. Nunan, master. July 20,
Isrft), entered Port Latour, Nova Scotia, for shelter and water. Was ordered imme-
[ diatcly to sea. (From statements of IJ. J. Nunan, owner and master, Cape Porpoise,
I Maine.)

Nellie M. Snow (schooner). Well fleet, Mass. ; A. E. Snow, master. Was not allowed

I to purchase provisions in any Canadian ports or to relit or land and ship lish, conse-

(luontly obliged to leave for home with broken trip; not permitted to remain in

ports longer than local Canadian olHcials saw lit. (From statements of J, C. Young,

[owner, Wellfleet, Mass.)

Gertrude Summers (schooner), Welllleet, Mass. ; N. S. Snow, master. Refused privi-

I lej,'o of purchasing provisions, which resulted in injury to voyage. Found harbor

rcgnlatious nncertain ; sometimes could remain in port twenty-four hours ; again was

orilLied out in three hours. (From statement of N. S. Snow, owner and master, Well-

jlleot, Mass.)

Ctiarles li. rr«t/iiH(//ort (schooner), Wellfleet, Mass. ; Jesse S. Snow, master. Master
jinlormed by colectbr at Ship Harbor, Capo Breton, that if ho bought provisions, even
lif actually necessary, ho would be subject to a lino of $400 for each offense. Refused
Ipermissio'n by the collector at Souris, Priuce Edward Island, to buy provisions, and
Iwaa compelled to return home 10th September, before close of fishing season. Was
I obliged to report at custom-house every time he entered tho harbor, oven if only
Ifor shelter. Found no regularity in the amount of fees domauded, this being op-
Iparontly at tho option of tho collector. (From statements of Jesse S. Snow, owixt
I aod master, Welllleet, Mass.)

John M. hall (schooner), I'rovineetown, Mass. ; N. W. Freeman, master. Driven out
lofGulf of St. Lawrence to avoid lino of ^400 for landing two men iu the port of Mal-
Ipsque, Priuce Edward Island. Was denied all supplies except wood and water in same
(port. (From statements of N. W. Freeman, owner and master, Proviucetown, Mass.)

100

THE FlSllEItlKH 1/ITE8TI0N.

u, (J 'I

Zephyr (Hchoonor), Eaatport, Mo., Warron Pilk, mivHter. Cloiirod from Eiwtporfc Hint
May, 1H8(>, luidor rogiHtor for West IhIom, N«!w nnuiswick, to buy li«rriii>j. (Jollectdr
rot'iised to outer vohmoI, tollinj; the captiiin tl>at if In^ Itoujrlit (lull, wliicli woro pluiily
at tlio tiiHO, tlio VOH80I would bo seized, llotiiniod to Kastport, losing; about a wcolt,
whioh rosnltetl in coiiHidoral)lo loss to owuor and crow. (From statomoiits of Giiihi-
ford Mitchell, owner, East|ioi-t, Mo.)

Abdon Kenie (Hoboonci-), IJromoii, Me. ; William C. Koono, master. Was not allowod
to ship or land crow at Nova Seotia jiorts. and owner had to pay for thtMr tran.spordi-
tion to Maine. (From statoinents of William C. Koono, owner and master, I5ronn>ii,
Me.)

William Keene (schooner), Portland, Me.; Daniel Kimball, master. Notallowi'd to
Biiip a man, or to send a man ashoro except for water at I/ivocpool, Nova Scotia, iind
ordered to sea aH soon as water was obtained. ( From statements of Henry TrofotUon,
owner. Peak's Island, Mo.)

John JV^i/e (schooner), Swan's Island, Me.; W. L. Joyce, master. After paying en-
try fees and harbor dues was not allowed to buy provisions at Molpeque, Prince Ed.
ward Island, aud had to return homo for same, making a broken trip. (From state-
ments of W. L. Joyce, owner and master, Atlantic, Mo.)

Asa n. Pervere (schooner), Wollfleot, Mans.; A. 11. Gore, master. Entered harbor for
Blioltor ; ordered out after twenty-four hours. Denied right to purchase food. (From
statements of 8. W. Kemp, agent, WelUleet, Mass.)

Nathan Cleaves (schooner), WelUleet, Mass.; P. E. Hickman, master. Ran short of
provisions, aud uot being permitted to buy, left for homo with a broken voyage,
Customs officers at Port Alulgravo, Nova Scotia, would allow purchase of provisions
for homevrard passage, but not to continuo fishing. (From statements of Paikor E.
Hickman, owner and master, WelUleet, Mass.)

Frank G. Rich (schooner), WelUleot, Mass.; Charles A. Gorbam, master. Not per-
mitted to buy provisions or to lie in Canadiau ports over twenty-four hours. (From
statements of Charles A. Gorham, owner aud master. WelHleet, Mass.)

Emma O. Curtis (schooner), Provincotown, Mass.; Elisha Rich, master. Not allowed
to purcliaso provisions, and therefore obliged to return homo. (From stiitemonts of
Elislia Rich, owner and maKtor, Provincotown, Mass.)

riciadea (schooner), WolUlect, Mass.; F. W. Snow, master. Driven from harbor
■withiu twenty-four hours after ontoriug. Not allowed to ship or discharge men
under poniilty of §400. (From Btatomouts of S. W. Snow, owner and master, Well
fleet, Mass.)

Charles F. Atwood (schooner), Wellfloet, Mass. ; Michael Burrows, master. Captain
wasaiot i>ermitted to relit vessel or to buy supplies, and when out of food had to
return home. Found Canadians disposed to harass him aud put him to mauy incon-
veniences ; not allowed to land seino on Canadian shore for pnrjiosoof repairing same.
(From statements of Michael Burrows, owner and master WelUleet, Mass.)

Ger<ie Jfai/ (schooner), Portland, Me.; J. Doughty, master. Not allowed, though
provided with permit, to touch and trade, to purchase lish-bait in Nova Scotia, aud
driven from harbor. (From statements of Charles F. Gnptill, owner, Portland, Me.)
Margaret S. Smith (hcIioomct), Portland, Me.; Lincoln W. Jowett, master. Twice
compelled to return homo from Bay St. Lawrence with broken trip, not being able
to secure provisions to contiuuo tishing. Incurred luany potty iuconvouieuces in re-
gard to customs rogulati(Jus. (From statements of A. M. Smith, owner, Portland, Mo.)
Ehie M. Smith (schooner), Portland, Me.; Enoch Bulger, master. Came home witli
a half fare, uot being able to got provisions to continuo tishing. Lost seino in a heavy
galo rather than be annoyed by customs regulations when seeking shelter. (From
statements of A. M. Smith, Portland, Mo.)

Fannie A. Spurlinfi (schooner), Portland, Mo. ; Caleb Parris, master. Subject to many
annoyances aud obliged to return home with a half-fare, not being able to procure pro-
visions. (From statements of A. M. Smith, owner, Portland, Mo.)

CarZe/oa 7ic/t (schooner), Booth Bay, Me. ; Seth W. Eldridge, master. Occasioned I
considerable expense by being denied right to procure crow in Canadiau harbors, and |
detained in spring Avhilo waiting for men to come from Nova Scotia. (From state-
ments of S.Nickorson & Sons, owners, Booth Bay, Me.)

Abbie M. Deering (schooner), Portland, Me. ; Emery Gott, mastr/i-. Not being able]
to procure provisions obliged to return homo with a third of a fare of mackerel,
(From statements of A. M. Smith, owner, Portland, Me.)

Cora Louisa (schooner). Booth Bay, Me. ; Obed Harris, master. Could got no pro-
visions in Canadian ports aud had to return homo before getting a full fare of lish.
(From statements of S. Nickerson & Sons, Booth Bay, Me.)

Eben Dale (schooner). North Haven, Me. ; R. G. Babbidge, master. Not permi^|
ted to buy bait, ice, or to trade in any way. Driven out of harbors, and unreason- r
able restrictions whenever near the laud. (From statements of 11. G. Babbidge,]
owner aud master, Pulnit Harbor, Me.

THE FISHERIES QUESTION.

101

I EiiHtport lUnt
wff. Collt'i'tiir
h won* jtltMity
about, a wcok,
mats of Guild-

^'lsnot allowed
L'ir tninsporfii-
iiiMtor, nroniBii,

Notall')\v(Ml to
DVii Scotia, iiud
oiiry Trefothou,

Ftor payiiif? t'u-
|iio, Prinot) Ed-
I. (From Htate-

itcrcA harbor for
me food. (From

r. Ran short of
broken voyage.
ISO of provisiouft
iits of Parker E,

laster. Not. per-
ir hours. (From

or. Not allowed
om statcmeutH of

ven from harbor
ir (lischargo men
md master, Well

master. Captain
.t of food had to
111 to many iucon-
,f repairing same.
•Mmks.)

allowed, though
s'ovii Scotia, and
r, Portland, Me,)
, master. Twice
[), not being able
luvoniouces in re-
;r, Portland, Mo.)
Came home with
.soinoinaheavy
shelter. (From

Subject to many
Jle to procure pro-
pter. Occasioned I
liau harbors, and |
la. (From state-
Not being able I
[are of mackerel.

Icould get no pro- 1
Ituil fare of tisli.

ter. Not permit-
and unreason-
IB. G. Babbidge,!

Charlet ffanketl (scoonor), North Ilavon, Mo. ; Daniel Thnrnton, master. Obliged
to leav'o Gulf of St. Lawrence at considerable loss, not being allowed to buy provis-
loMH. (From statements of C. 8. Staples, owner, North llavon, Mo.)

H'iUie Parkvian (schooner). North liaven. Me. ; William II. Hanks, master. Unable
Id got supplies while in Onlf of St. Lawrence, which n.icessitated returning homo at'
;;reat loss, with a broken voyage. (From statements of William H. Banks, owner and
miwter, North Haven, Mo.)

1). J), (icyer (schooner), Portland, Me. ; John K. Craig, master, being refused priv-
ili^o of touching at a Nova Scotia i)ort to take on r:!sid(uit «!row ulready engaged,
owner was obliged to provide jiosHago for men to I'ortland at considerable cost, caus-
iii){ great loss of time. (From statements of ,1. II. .Jordan, owner, Portland, Mo.)

Good Templar (schooner), Portland, Me. ; Elias Tarltoii, master. Touched at La
Have, Nova Scotia, to take on crew already engaged, but was refused privilege and
ordered to proceed. The men being indispensablo to voyage, had them <lelivered on
board outside of ;{-milo limit by a Nova Scotia boat. (From statements of Henry
Troi'othen, owner. Peak's Island, Me.)

Eddie Davidson (schooner), Welltlect, Mass. ; John D. Suow, master. On the 12th of
,Iinio, 1886, touched at Cape Island, Nova Scotia, but was not permitted to take on
part of crew. Boarded by customs ollicor, and ordered to sail within twenty-four
hours. Not allowed to biiy food in ports of Gulf St. Lawrence. (From statements of
John I). Snow, owner and master, WelUleet, Mass.)

Alice r. Iliggins (schooner), Welllleet, Mass.; Alvin W. Cobb, master. Driven from
harbors twice in stress of weather. (From statements of Alvin W. Cobb, master,
\Volllleot,Mass.)

Cjiiiosure (schooner), Booth Bay, Me. ; L. Rush, master. Was obliged to return home
before securing a full cargo, not being permitted to purchase provisions in Nova
Scotia. (Froiti statements of S. Nickersoii & 3.)ns, owners, Booth Bay, Mo.)

Naiad (schooner), Lnbcc, Mo. ; Walter Kennedy, master. Presented frontier license
(heretofore acceptable) on arriving at St. George, Now Brunswick, but collector would
uot recognize same. Was compelled to return to Eastport and clear under register
l)i?foro being allowed to purchase herring, thus losing our trip. (From statements of
Walter Kennedy, nmstcr, Lubec, Me.)

Louisa A. Grant (schooner), Provincetown, Mass. ; Joseph Hatch, jr., master. Took
permit to touch and trade. Arrived at St. Peters, Cape Breton, in afternoon of the
l!)th May, 18HG. Entered and cleared according to law. Was obliged to take inex-
perienced men, at their own jirices, to comjilote lisbiug crew to get to sea before the
arrival of a seizing ollicor, who had started from Straits of Canso at 5 o'clock same
afternoon in search of vessel, having been advised by telegraph of shipping of men.
(From statements of Joseph Hatch, jr., owner and master, Provincetown, Mass.)

Loltic E, Hopkins (schooner), Vinal Haven, Me.; Emery J. Hopkins, master. Re-
fused permission to bny any article of food in Canadian ports. Obtained shelter in
harbors only by entering at cnstom-house. (From statement of Emery J. Hopkins,
owner and master. North Haven, Mo.)

Florinc J<\ XicLerson (schooner), Chatham, Mass. , Nathaniel E. Eldridge, master.
Engaged iishermen for vessel at Liverpool, Nova Scotia, but action of Canadian Gov-
ernment necessitated their transportation to the United States, and loss of time to
vcs.sel while awaiting their arr'v.al; otherwise would have called for them on way
to iisliing grounds. Returning touched at Liverpool, bat immediately on anchoring
Can.idian ofli(!ial8 came aboard and refused permission for men to go ashore. Cap-
j tain at once signiiied his intention of immediately proceeding on passage, but olDcer
lireveutcd his departure until ho had reported at custom-house, vessel being thereby
detained two days, (From statements of Kendrick «& Bearso, owners, South Harwich,
[Mass.)

D. IS. B. (sloop), Eastport, Me. ; George W. Copp, master. Obliged to discontinue

I business of buying sardine herring in New Brunswick port, for Eastport canneries,

as local customs regulations were during the season of 1886 made so exacting that it

Jws impossible to comply with them withont risk of the lish becoming stale and

(spoiled by detention. (Fronistatements of George W. Copp, master, Eastport, Me.)

6'i> Knight (schooner), Southport, Me. ; Mark Rand, master. Compelled to pay
I transportation for crew from Nova Scotia to Maine, the vessel not being allowed to
I call !it Nova Scotia ports for them on her way to the fishing grounds. (From state-
Iments of William T. Maddocks, owner, Southport, Me.)

{ Uncle Joe (schooner), Southport, Me. ; J. W. Pierce, master. Compelled to pay
Itransportation for crew from Nova Scotia to Maine, the vessel not being al'owed to
Icall at Nova Scotia ports for them on her way to the fishing grounds. (From state-
Iments of William T. Maddocks, owner, Southport, Me.)

I Willie G, (schooner), Southport, Me. ; Albert F. Orne, master. Compelled to pay '
Itran.sjiortation for crow from Nova Scotia to Maine, the vessel not being allowed to
|call at Nova Scotia ports for them on her way to the fishing grounds. (From state-
Wnts of William T. M.iddocks, owner, Southport, Me.)

H

m

1

ii

-hi

102

TH!3 FISHERIES QUESTION.

Ladv Elgin (Hchooiior), Hoiitlipoil, Mn. ; Cmtrgo W. I'itircM!, innHter. Compelled to
pay tniiiHportiitioH for crow rnim Notiv Hcofia t(» Maiius tho vohhuI not boinj; aUowctl
to call at Nova Scotia ports for Miciii on licrwjiy tothollHliing ^{ruuiulM. (KroiuHtate-
inonts of William T. MaddockH, owncj, Hoiitliporf, Mo.)

John H. Kennfidii {HvAiooiwr), Portland, Mr.., David Doiinhcrty. Called at a Nova
Scotia port for bait but loft without obtuiiiiiiK Haiiu-, foarinj; Moiziiro and line, return-
ing homo with a broken voyagt^ At a Ni'-wloundland port wan charf?«!d )8llU li(;ht-
houso dnoH, giving draft on owners for Hanie, whicdi, being excessive, thoy rci'uscd to
pay. (From statement of E. (>. VVillard, cwror, I'ortland, Me.) ,

liiplcy liopcn (mdiooner), Southport, Mo., C. E. Hare nnnter. Vessel ready to sail
when telegram from uuthoritioH at Ottawa refused permission to touch at Canadian
ports to ship men ; consequently obliged to pay for their trausportation to Maine, anil
vessel detained whil(< awaiting their arrival. (From Htatomouts of Freeman Oruc i
Son, owners, Honlhport, Mo.)

Jennie Armstrong (scdiooner), Sontlipor*^, Mo., A. (). Wcsbbor master. Vessel ready
t6 sail when telegram from authorities at Ottawa refused permission to touch at
Canadian ports to slip men ; consoiinently. obliged to ])ay for their transportation to
Maine, and vessel detained while awaiting their arrival. (From statements of Free-
man Orno &. Son, owners, Southport, Me.)

Vanguard (schooner), Southport, Me., C. C. Dyor master. Vessel ready to Bail
■v.'hen tolegram froui authr.ritios refused permission to touch atUainidian ports to sliip
men ; consequently obliged to i)ay for their transportation. to Maini^ and vessel de-
tained while awaiting their arrival. (From stfitements of Freeman Orno &, Sou,
owners, Southport, Mo.)

Electric Flash (schooner), North Haven, Mo., Aaron Suiith master. Unablo to
obtain snpjilios in Canadian ports, and obliged to return honn* before obtaining full
cargo. (From statements of Aaron Smith, master and agent. North Haven, Me.)

Daniel Simmona (schooner), Suan's Island, Mo., John A. Gotfc master. Com-
pelled to go without necessary outlit while tishing in Gulf of St. Lawrence. (From
Htatementa of Mr. Stimpson, owner, Gwan's Island, Me.)

Graver Cleveland (schooner), IJoston, Mass., George Lakcnan mast^T. Comiicllcd
to roturn homo with only partial fare of mackerel, being refused supplies in Canadiiiu
ports. (I'Yom statements of D. F. DoButts, owner, Boston, Mass.)

Andrew Jiurnham (schooner), Boston, Mass., Nathan F. Blake master. Not al-
lowed to buy provisions or to land and ship lish to Boston, thereby losing valuable
time for fishing. (From statements of B. F. DeButts, owner, Boston, Mass.)

Jlarrji (r. French (schooner), Gloucester, Mass., .John Chishoim master. Kefused
permission to pnrchaso provisions or to land cargo for shipment (o the United Stiitiw,
(From statements of .Tohn Chisholm, master and owner, Gloucester, Mass.)

Colonel J. 11. French (schooner), Gloucester, Mass., William Harris master. Wu,s
refused permission to purchase any supplies or to forward lish to tho homo iiort by
steamer, causing much loss of time and money. (From statements of John Chisholm,
owner, Gloucester, Mass.)

W. H, Wellington (schooner), Gloucester, Mass., D. S. Nickerson master. Was ic- j
fused i)ermis8ion to purchase any supplies or to forward fish to the homo port by
steamer, causing much loss of time and mouoy. (From statements of John Chisholm,
owner, Gloucester, Mass.)

Ralph Hodgdon (schooner), Gloucester, Mass., Thomas F. Hodgdon master. Was re- 1
fused permission to purchase any supplies or to forward lish to tho homo port by i
steamer, causing much loss of time and money. ( From statements of John Chisholm,
owner, Gloucester, Mass.) I

Haitie Evelgn (schooner), Gloucester, Ma8s.,.Jamo8 A. Cromwell master. Not al-l
lowed to buy any provisions in any provincial ports, and thereby compelled to roturn |
home during the fishing season, causing broken voyage and groat loss. (From state-
ments of James A. Cromwell, owner and master, Gloucester, Mass.)

Emma W. Brown (schooner), .Gloucester, Mass., John McFavland master. Wasfor-I
bidden buying provisions at any i)rovincial ports, and thereby lost three weeks' time I
and was coiupolled to i-eturn homo with only part of cargo, f From statement of Jolw |
McFarland, master, Gloucester, Mass.)

Mary IF, Thomas (schooner), Gloucester, Mass,, Henry B. Thomas master. Prohib-I
ited from buying provisions, and, in consequence, had to return homo before close of j
fishing season. (From statements of Henry B. Thomas, owner and master, Gloucester, i
Mass. ) I

Ilatiie B. West (schooner), Gloucester, Mass., C. H. Jackman master. Prevented j
from buying provisions to cn.ible vessel to continue fishing ; two of crow deserted inl
a Canadian port, and captain went ashore to report at custom-houso and to secure lol
turn of men ; was delayed by custom-otticer not being at his post and ordered to ml
by first officer of cutter Jlowletl before having an opportunity of reporting at customl
house or of finishing business ; had to return and report on same day or be snbjeot toal
fine. Prevented from shipping men at same place. At Port Hawkesbury, Noval

THK PTSIIERIKH (/IIKHTION.

103

8c«)tiu, wl'"'' on lioimnviinl iiaKMn){(', not tilli»\vt'tl to taUn lui Ixianl «to\v of Hcizod
Americuii lls'iiiiit McliooiuT J/or»'o (ox//*, wluxlfsin'tl lo Kilurii lioriio. (L'roiu stato-
mentsot'C, H. Jiickmaii, niuHter, Olouccstcr, Maw;.)

Etiiil Maud (Hcliooii««r), (JloiiceHtcr, Muhh., (Kiorj';*^ II. Martin niaMtor. Provided
wiHiaUii)»:«Ml 8tiit»!H iM-ruiit to tontli luiil trado. l^iitcn-d Tigni.'li, I'liiico Edward
!hIiumI, to {lurcliam, milt in barrolH ; \vuHi)rohil)iti'd Iroin hiiyiiiK iinytlun^j. Collector
wiiH otlcred permit, hut declared it to be worthiesH, and would not exainino it; ves-
gch>blin<'d to return homo tor .irticlos mentioned. On wecond trip wan not permitted
to get any food. (From HtatemontH of Ueor{|e II. Martiti, owner and maHter, Eaut
Oioiicester, Mass.)

Joint >y. iiraij (Hcho( ler), Glouceste.", MaaH., George MfsLcan maHter. On account of
extreme prohibitory meusnreH of tiie Canadian goverinnent in rei'UHini; shelter and
HUppliea, and other conveniences, was obii^Ml to abandon her voyage and come homo
witlioutlish. ( From HtatementH of John F, VVonsou »V Co., owners, (iloueoster, Mass.)

//(■/in/ W. Loiififellow (schooner), Gloucester, Mass., VV. VV. Kini^ uianter. Obliged to
leave (Julf of Ht. Lawrence with only (12 barrels of niack<'rcl, on account of restric-
tions imposed by Canadian government in preventing captain from procuring necos-
8»ry supplies to continno llshing. (From statoments of John F. Wonson & Co., own-
ers, Gloucester, Mass.)

RuHhtight (schooner), Gloucester, Mass., James L. Konney master. Compelled to
leave Gulf of St. Lawrence with only DO l)arrels of mackorel, because of restrictions
imposed by Canadian government in prohibiring captain from purchasing supplies
lueded to continue lishing. (From .itatements of John F. Wonson & Co., owners,
Gloucester, Mass.)

IkHe Franklin (schooner), Gloucester, Mass., Henry D. Kendrick master. Obliged
to leave Gulf of St. Lawrence with 1.% l)arrelsof mackerel, on account of restrictions
imposed by Canadian govorr'ment in denying tho captain the right to procure noc-
cssary supplies to continue lishing. (l''rom Btatenieuts of John F. Wonson & Co.,
owners, Gloucester, Mass. )

Neponact (schooner), Boston, Mass., E. S. Frye master. On 27th August, 188(5, an-
chored in Port ilawkesbury, Capo IJreton, and immediately reported at custom-house ;
being short of pro, idous, nmsier asked collector for permits to bay, but wus twice
refused. The niiuster exprissing his intention of seeing the United Stii s consul at
Port Hastings, Cape Bretoi, ;{ miles distant, the customs oHicer forbade liiin landing
at that port to see the consul ; ho did so, however, saw tho consnl, but could get no
aid, the consul staMiig that if provisions were furnished, the vessel would be seized.
Master being sick, and wishing to return homo by rail, at the suggestion of tho con-
sul, he landed secretly, and traveled through tho woods to the station, 'A miles distaatt
(Fxum atatcmnni^sof E. S. Tryo, owner and master, Boston, Moiw.)

llncloanre 11.]
Tho Marquia of Lanadrnvne to Sir IT. Holland,

GOVERNMKNT HOUSE, OTTAWA, jlpril 2, ISSl*.

Siu: With reference to Mr. Stanhope's dispatch of tho 16th December last, trans-
mitting a copy of a letter from tho foreign oDico, with iLs inclosures, respecting tho
alleged improper conduct of authorities in the Dominion in dealing with the United
States fishing vessels Laura Sayward and Jennie Seaixrna, and reqnesting to bo fur-
nished with a report on these cases for communication to the United States Govorn-
m(int, I have the honor to forward herewith a copy of an approved minute of tho
privy council of Canada, embodying a report of my minister of marine and lisheriea
oil the subject.

I have much pleasure in calling your attention to the penultimate paragraph of
that report, from which you will observe that it will, in tho opinion of my Govern-
ment, bo possible, in cases like that of the Jennie Seaverna, where a foreign fishing ves-
sel has entered a Canadian ha -bor for a lawful purpose and in tho pursuance of hir
treaty rights, to exercise, the necessary supervision over the conduct of her master aud
crow, and to guard against infractions of the customs law and other statutes binding
upon foreign vessels while in Canadian waters, without placing an armed guard on
hoard or preventing reasonable communication with the shore.

My advisers are, in regard to such matters, fully prei)ared to recognize that a dif-
ferouce should bo mado between the treatment of vessels bona fide entering a Cana-
dian harbor for shelter or repair, or to obtain wood and water, and that of other
vessels of the samo elaas entfring such harbors ostensibly for a lawful purpose, but
really with the intention of breaking the law.
I have, etc.,

Laksdownx.

104

THE FISHERIES QUESTION
[Inclosnre 12.]

M

Beport of a committee of the honoraile the privy council for Canada approved hy hit ex-
cellency the governor-general in council on the 23rf March, 1887.

The committee of the privy council have bad under consideration a dispatch datet!
the 16th December, 188(5, from the right honorable the secretar.y of state for the Col.
onies, transmittinsf a copy of a letter from the foreign office covering a copy of a dis-
patch from Her Majesty's minister at Washington inclosing notes which he has re-
ceived from Mr. Bayard, United Statea Secret.ary of State, protesiing against tLo con-
duct of the Dominion authorities in their dealings with the United Stateo fishing
vessels Laura Sayward and Jimnie Seaveims, and requesting to be f urni.shed with a report
on the subject for comnmnication to the Government of the United States.

The minister of marine and iishories, to whom the dispatch and inclosurcs wore
referred for immediate report, observes that Mr. Bayard takes exception to the "in-
hospitable and inhuman conduct " of the collector of customs at the port of Shelburne,
Nova Sco*la, ■ ■ refusing to allov? Captain Kose, of the Laura Sayward, to buy suffi-
cient food to last himself and crew on their homeward voyage, and complains of the
action of the collector in " unnecessarily retaining" the ^)aper8 of the vessel. Mr
Bayard bases his representation upon the annexed declaration made by Captain Rose,
but supported by no other testimony.

The minister states that immediately on the receipt of the dispatch above mentione''
a copy of thi charges was forwarded to the collector ut the port of Shi-lburno, and hip
statement in reply thereto is annexed.

The minister believes that Collector Atwood's statement is a reasonable and suffi-
cient answer to the allegations made by the captain of the Sayivard, and leaves no ground
of justification for the strong language used by Mr. Bayard in his note to Sir L. Suck-
ville West.

The minister further obsc; ves that, with reference to the Jennie Seaverns, Mr. Bayard
complains of the conduct of Captain Qnigley, of the Terror, in preventing the captain
of the Jennie Searerna from landing to visit his I'clations in Liverpool, Nova, Scotia, and
in forbidding his relatives to visitninion board his vessel, and in placing a guard upoL
the Seaverns while she was in nort. These complaints are based upon the .xflidavit of
Capta'.u Tupper, of the S'm'vrns, a copy of which is attached. The statements of
Captain Quigloy, and his first oflicer, Bennett, are submitted in reply, and seem to afi'ord
ample proof that no violence or injustice was done to the fishing schooner.

The minibter is of the opinion that the captain of the Jennie (Seai'crna has nothing to
complain of. He came in solely for shelte", and this was not denied him. He was re-
(luested to report at the customs, with which request he, upon his own evidence, will-
ingly complied.

The other precautious taken by Captain Quigley were simply to insure that, while
shelter was being had, the provisions of the convention and of the customs law were
not violated.

The ministerj however, while assured that the vessel in question Buffered no dep-
rivation of or interference with its rights as defined by the convention of 1818, is of
opinion that, in i)nisnanco of the spirit of uniform kindly interpretation of the law,
which it has been the constant aim of the government of Canada to exemplify in itp
dealings with United States fishermen, it is possible for the officers in charge of tlio
cruisers to efflciently guard the rights of Canadian citizens and enforce the provisions
of the law without in such cases as the above finding it necessary to place an armed
guard on board the fishing vessel, or preventing what may be deeniod reasonable com-
munication with the shore.

The com.nittee, concurring, in the report of the minister of laarine and fisheries, rec-
ommend that your excellency be moved to transmit a copy of this minute to the
right honorable the secretary of state for the colonies for the purpose of communica-
tion to the Government of the United States.

All which is respectfully submitted for your excellency's ap])roval.

.John J. McGek,
Clerk Privy Council Canada.

[Inolosure 13.]
Deposition of Medeo Bose,

I, Iledoo Rose, master of schoonei Laura Sayieard, of Gloucester, being duly swom, do
depose and say: That on Saturday, the '2d October, being then on Western Bank, on
a hshingtrip, and being short of provisions, we hove uf anchor and started for homo.

The wind was blowing almost a gale from the northwest, and, being almost doftil I

THE PISKERIES QUESTION.

105

roved ly A»« «•

7.

-Jispatcb dated
uto for tbo Col-
a copy of a tlis-
liic'a lie has re-
.gainst tLa con-
States fishing
ocl with a report
tatcs.

inclosurcs wore
tion to the "in-
irt of Shelburne,
rd, to buy suffl-
lomplains of the
the vessel. Mr
jy Captain Rose,

ihove mentione''.
mlburne, and hie

ouahle and sutfi-
.leavosnogroiiud
te to Sir L. Suck-

verns, Mr. B-vyard
iiting the captain
Nova Scotia, and
nnga<Tuavdupou
jntiic aflidavltof
'ho statements of
fiudseom to afford

jioonor.

in a has nothing to

liim. Ho was re-

n evidence, will-
Insure that, while

\iHtoms law were

, BUtfered no dcp-
Itionof 1818, isof
lation of the law,
) exemplify in itf
, in charge of the
Ivce the provisions

10 place an armed

11 reasonable com-

iind fisheries, rcc-
Is minute to the
Iso of comninnica-

|J. McGkk,
Council Canada.

LgdnlyBWom,do
i^estern Bank, on
li,arted for li«'i"M
ling almost di'«'' |

ahead, we made slow progress on our voyage home. On Tuesday, the 5th October, we
inadoSholbiirne, Nova Scotia, and arrived in that harbor about 8 p.m. on that day,
short of provisions, water, and oil to burn. On Wednesday I sailed for the inner har-
bor ol Shelburne, arriving at the town about 4 p. m. Ou going ashore I found the cus-
tom-house closed, and hunted up the collec^'^r and entered my vessel, and asked per-
mission from him +0 buy 7 poumls of sugar, 3 pounds of coii'ee, and 1 bushel of potatoes,
and "2 pounds butter or liird or pork, and oil enough to last xis home, a* d was refused.
I stat. d to him my siluation, short of jirovisions, and a voyage of 250 miles before,
andploadcd vith him for this slight privilege, b\it it was of no avail. I then visited
tho American consul and .asked liis assistance, and found him powerless to aid me in
this matter. Tho coll<ictor of customs hold my papers until the next morning, although
I iiskod for them as soon as I found I cculd not buy any provisions, say abovjt one and
ahilfliours iifter I ontored, but liorcfised to give them to mo until the next morning.
Immediately on recciviii}^ my paners on Thursday morniug I started for home, arriv-
ing on Snuday. I think tho troaimont I received harsh and cruel, driving myself and
crew to ,s(!a with a scant supply of provisions, wo having but a little flour and water,
and liable to be bufieted for days before reaching home.

Medeo Rosb.
JIassacuusktts, tSSEX, 8S:

Pcrsouully appeared iSledeo Rose and mad« oath to the_truth of the above statement
het'oro mo.
[sKAi..] Aaron Paksons,

iiotart) I'ublio,
OCTOBEU 13, 1886.

[Inclosnre 14.]

Mr. Atwnod to Mr. Johnson,

CusTOM-HousE, SnELBt'RXE, January 5, 1887.

Siu : With rei'erence to the statement by Medeo Rose, master of the schooner Laura

Snyiraid, I beg to say that in many particulars it is not true and is very unjust. The

cnstoiu-houso WiiS not closed, as staled. OlBco hours are supposed to be frouiO a. m.

to 4 p. m., but masters of vessels, American fishermen particularly, are allowed to

roiioit tlioir vessels inward and outward, and obtain clearances at any hour between

(la. m. and 11 p. m. (Sundays excepted), and the ofEco is always open. On the 6th

October last I left at 4 p. m., and went to an agricultural exhibition, not an eighth

; of ami lo distant— say a three minutes' walk — and left word at the office to tell any

I one who called where I could be found. I had been on the grounds about fifteen

[minutes when Captain Rose put in an appearance, and I at once came to the office,

ami he reported his vessel, stated that ho was from the bank bound home, and came

ill to iill water, .and wanted provisions, as follows, viz : 7 pounds of sugar, 3 pounds

ofcoll'oo, 1 bushel of potat )'!s, anil 2 pounds of butter; this Avas all. I took a momo-

[ruud.iiu .ind attached to his inward report, and oil is not mentioned ; stated that he

I had plenty of flonr, fish, aud other provisions sntficient for vo,vago home.

I gave him permission to fill water at once ; but as the treat-y made no provision for
[pnrchaso of supplies, I would telegraph the department ;.t Ottawa, and no doubt it
Iffould bo allowed. Captain Rose ovpressed his wilkugness to remain until a reply
|ffasroeoivcd. He called at the ntfico next morniug (Tbcrsday) at 6.30 a. m., and
[ finding I had not received a reply, said as the wind was fair and a good breeze, he
[would not wait longer and would take a clearance, which I gave him. I told him an
lanswer to telegram would prob.tbly bo received by 10 a. nu I did not cons'der it a
lease of actual distre-ss by any moans, as by tho master's own statement he had plenty
[of other provisions, and all that lie really and actu'tlly needed was to fill water.

Tho statement that I hold his papers, although he asked for them, etc., and that I re-
Ifnsed to gi\ c them to him until next morning, is all false. Ka did not ask further niitil
laext morning, wheu \w got his clearance. The statement that the treatment he re-
Icelvcd was harsh and driving him to sea baring little water and lloo'-, etc., is all un-
Itriio, .as what 1 have already stated will prove. Captain Medeo Rose was hero with
lliis vessel ou the 23d November 3as* . and entered his vessel and obtained clearance at
IB in tho evening; was here agai* . "'3ii7th November and remained five days for
Irepaiis, andnothingwassaidbyhijiof the" inhumanconducfor "harsh treatment"
|on the part of the collector towards him.
Tho above is a plain statement of the facts, and many of the statements can be cor«
^berated by the Amoricj^n consul of this port it leferred to him.
I %m, etc.,

W. W. Atwood,

Collector,

106 THE FISHERIES QUESTION.

[Incloaaii 15.1
Deposition of Joseph Tapper.

I, Joseph Topper, master of the schooner Jennie Seaverns, of Glonocstor, being dnlyl
sworn, do deposo and say : That on Thursday, tlio 'i^Sth October, while on my passage
home from a lishing trip, the wind blowing a gale from southeast and a heavy sea
running, I was obliged to enter the harbor of Iji verpool. Nova Scotia, for shelter. Im. I
mediately on coming to anchor was boarded by Captain Quigley, cf Canadiaa)
cruiser Terror, who ordered mo to go inshore at once and report at thu cnstom-hoinCir
to which I replied that sucli was my intention. Ho gave me perinis.siou to take two!
men in the boat with me, bvit they must remain in the boat and must not step on I
shore. I asked Captain Quigley if I could, after entering, visit some of my relations j
who resided in Liverpool and whom I had not seen for many yoars. This privilege
was denied me. After entering, having returned to my vessel, some of my relatives!
came to see mo oif. When Captain Qnigley saw their boat alongside of my vessel I
he sent an oiQcer and boat's crew, who ordered them away, and at sundown ho placed I
an armed guard on board our vessel, who remained on board all night, and was taken I
otf just before we sailed in tho mornin'j.

I complied with the Canadian laws, and had no intention or desire to violate tlieml
in any way; but to bo made a prisoner on board my own vessel, and treated likeal
suspicious character, gratesharshly upon tho feelings of an American seaman, andll
protest against sue'- treatujent, and respectfully ask fi.nn my own Government pro-l
tectioQ from such uv^just, xinfriendly, and arbitrary trei^ttnent.

Joseph Tupper,
Massaciuisetts, Essex, ss :

Personally appeared Joseph Tnx)per, and made oath to the truth of the abovel
statement before me,

Aaron Pausons,

Notary Public,

November 4, 1886.

[Inclosnre 10.]
Mr. Quigley to Major Tillon.

Newcastle, January 19, 1887.

Sik: In reference to the American schoouor Jennie Seavcrns of Gloucester, i M
she arrived on Thursday, tho "iStli October, us stated in his complaint, at Livetl
pool, Nova Scotia, and after she anchored I sent Chief Otilcer Bennett on board withl
instructions, telling him what tho law was, so that he would not do anythinjl
through ignorance of it, and get his vessel in trouble. These instructions were to ref
port his vessel at the customs before sailing, and to take two of his crew and boalj
with him when he did go for that purpose, but tho rest of his crew were not to go oil
shore, and that after he reported uo per on from his vessel was to go on shore, ushl
got all he put in for, ^iz., shelter ; and ho reported his vessel putting iu for that put-I
pose and for no other; not for tho purpose of lotting his crew on shore.

Tho boat that was ordered from his vessel was from shore, and was not allowei
alongside of these vessels, as it gave the crews a ehanco to got ashore w'.th thera,o,J
to smuggle provisions alongside, so they were ordered off in all cases. iSeochiif
officer's statement regarding the men who rowed tho captain on shore.)

I never prevented the men who went ashore with tho nuisters of vessels from land]
ing and going with tho masters to the custom-house if they wished, nor gave instraej
tions to prevent them.

I idaced two watchmeu on board this vessel, as I did in all other cases, to prevM|
them from breaking tlw) law in any respect through theni .;ht, and they were taken o
in the morning before he sailed.

It is not true that I boarded this vessel as stated. I uever spoke to him. Tbei^
wore two other American seiners in at the same ti;no and were treated in tho am
way, less tho watchmen, which were not required in their case, as they were closet
rao and I could see what was douo on board them at all times from my vessel. Tlies
ore tho facts.

I have, eto.|

Thomas Quiglrt.I

(Incloaore 17,]

D^osition of Albert Bennett.

T, Albert Bennett, late first officer of the Dominion cutter Terror, Captain QiiiglcJ
remuiuber boarding tho American seiner Jennie Seatvrn*, of Gloucester, Uniied StutiT
at the port of Liverpool, Nova Sootia, ou the 28th October last past; boarded bJ

THE FISHERIES QUESTION.

107

estor, being dnlj
lo on Hiy passage I
and a heavy sea
for shelter. Ini-
ley, cf Canadian
iho (mstom-hoHSf,!
issioii to take two I
must not Htep on I
10 of my rolatiom
9. TbiH privilege I
10 of my relatives!
Bide of my vessel
ludown ho placed I
ht, and was taken

re to violate tlienil
and treated like »j
can seaman, andll
I Government pro-|

rosEPii TurPKR.
ruth of the above]

OM Pausons,
Notary Public.

January 10, 1887.

If Gloucester, I findl

implaiiit, at Livetl

nett on board withl

Id not do auythiii

Iructions were to kT

his crew and boalj

, were not to go oil

,) go on shore, as m

,ing in for that pui'J

[shore.

lud was not allow»

ihoro w'.th them, (J

[leases. ^Seechif^

Ishore. )

if vessels from im

id, nor gave instruej

(er cases, to prcveuj
]they were taken 0

Ike to him. Theij
l-cated in thosam
I they were close
, ray vessel. Tbei

-. ilered Captain Tupper to report to the customs at Liverpool aforesaid, which he
(lid, taking with him two men in his boat. Never told Captain Tupper not to allow
liJH men to leave his boat while on shore ; further, Captain Tupper, to the best of my
kiiowledgo and belief, never intimated to me that he had friends or relatives that he
•.vislied to visit in Liverpool, Nova Scotia.

iSeeint; a boat alongside, I went on board and ordered them away. Captain Tup-
per told nie ho did not know the visitors, and furthf.r, did not wish them on board
Iiif4 vessel,

riirtlicr, during the time the Jennie Seaverns was in the harbor of Liverpool, Nova
Scotia, Captain Quigley never was on board her, I boarding her and carrying out his
instructions to me.

Albert Bennett,
Late First Officer Cutler Terror.

Hopewell Cape, N. B., January 14, 1887.

No. 339.,

Sir L. 8. Sackville West to Mr. Bayard,

Washington, Maij 17, 1887. (Received May 18.)

Sir : With reference to my note of the 25th ultimo and to your reply
of the 7th instant, I have the honor to inform you that Her Majesty's
Government intimate that the intending emigrants are not paupers,
but crofters, whose passages are only partly paid from public funds,
aijd that Her Majesty's Government would be glad to know whether
this affects in any way the tenor of your above-mentioned note.
I have, etc.,

L. S. Sackville West.

No. 340.

Mr. Bayard to Sir L. S. Saclcville West.

Department of State,
Washington, May 19, 1887.

Sir : I have the honor to acknowledge the receipt, yesterday, of your
note of the 17th instant in response to ray notes of the 11th of Novem-
ber, 1st December, and 27th of January last, respecting the cases of
the United States fishing vessels Mollie Adams, Laura Sayward, Jen-
nie Seaccrns, and Sarah II. Prior.
I have, etc.,

T. F. Bayard.

llOMAS QUIGLRT.

r. Captain Qniglej
jiter, United Sta't
[past; boarded N

108

THE FISHERIES QUESTION.

No. 342.

8ir L. 8. SacTcville West to Mr. Bayard,

lii^" I

ia

Washington, July 18, 1887. (Received July 19.)

SlE : In your note of the lltli of November last, inclosing copies of
the statements with affidavits from Captain Medeo Rose, master of the
schooner Laura Sayward, of Gloucester, Mass., you state that these
papers impressively describe the "inhospitable" and "inhuman" con-
duct " of the collector of the port of Shclburne, JTova Scotia, in reibs
ing to allow Captain Rose to buy sufficient food for himself and crew
to take them home, besides unnecessarily retaining his papers, and
thus preventing him, with a wholly inadequate supply of provisious,
from proceeding on his voyage." This note, I observe, appears in the pa
pers relating to the foreign relations of the United States transmitted
to Congress with the President's message, 1880 (No. 231, page 41.M)

I have now the honor to inform you that I am instructed by the IMai
quis of Salisbury to communicate to you the inclosed copy of a dispatcli
from the governor-general of Canada, together with copy of an approved
minute of the privy council, to which is ai)pended a letter from the col
lector of customs at Shelburne, inclosing a declaration made by Captain
Rose, in which he states that the statements made by him in the atlidii
vit alluded to in your above-mentioned note are all untrue.

In communicating these papers to you I am further instructed to asl;
whether the United States Government have any observations to miiim
thereupon.

1 have, etc.,

L. S. Sackville West.

"ii..'

[iDOlOBIiro 1.]

Colonial office to foreign office. {Received June 17.)

Downing Street, June 17, 1687.

Sir: With reference to the letter fro<u this department of the 97th April, relatin;!
to the treatment of the United States Ashing vessels Laura Sayward and Jen ni/ Ski
verns, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid In-
fore the Marqnis of Salisbury, for such action as ho may thinlf ])roper to take upon i(,
a copy of a dispatch from the govoruor-geueral of Canada, with an affidavit by tbc
master of the Laura Sayward.
I am, etc.,

John Kramston.

THE riHHEKIKS QUESTION. 109

[Inolosare 2.]
The Marquis of Lanadotone to Sir IT, Holland.

Government House, Tokonto, May 20, 1887.

gin: With roforonco to previous correspondence on the subject of the alleged ill-
tnatiin'iit of the United States lishinj? vessel, Laura JSaiiward and Jennie Seaverm, and.
with I'spccial ri)t'eronce to the atlidavit purporting to have been sworn to by Capt.
Medeo Koso, cf the first-named vessel, copy of which formed an inclosuro in Mr. Stan-
liope'.s dispatch of the IGth December last, I have the honor to forward herewith a
certKicd copy of an approved minute of my privy council, to which is appended a letter
from the collector of customs at Shelburne, inclosing a declaration made by Captain
liosi', in which he states that the statomeuts alleged to have been made by him in thab
alliiluvit '-are all untrue."
1 have, etc.,

LAN8D0WMB.

[Inolosaro 3.]

Ee^ortof a committee of the honorahle the privji council for Canada, approved htj Ma ec-
cellency the governor- general in council on May 16, 1887.

On a report dated tho 10th May, 1887, from the minister of marine, and fisheries,
1 snbraitting, with reference to his report, approved in council on the 2'id March last, as
to tlio alleged ill-treatment of tho United States fishing vessels Laura SayivardauH Jen-
\mScavcrns, and to the affidavit of Capt. Medeo Koae, of the first-named vessel, the
[copy of a letter from tho collector of customs at Shelburne, Nova Scotia, dated tho
1 20th ultimo, together with an affidavit from Captain Rose, herewith, in which it will
lo observed that he not only bears testimony to tho generous treatment that had
ken extended to him when at tho port of Shelbnrne on previous occasions, but also
I dcclinos that tho statements made in the affidavit of tho 15th October last, purport-
ing to bo sworn to by him, and which affidavit formed tho basis of a dispatch from Mr.
Bayard, the United States Secretary of State, protesting against tho inhuman and ia-
Lospitable conduct of tlie collector of customs at Shelburne, Nova Scotia, to use Cap-
taiu Rose's own words, "are all untrue."

Tho committee recommend that your excellency be moved to forward a copy of
this minute, together with copies of the papers mentioned, to the right honorable the
iBCcretary of state for the colonics.
All which is respectfully submitted for your excellency's approval.

John J. McGee,
Cltrh I'rivy Council, Canada,

riLLK WEST.

llncIoBnre 4.]
Mr. Atwood to commissioner of customs, Ottawa.

CusTOM-HousE. Shelburne, April 20, 1887.

i?iR : With reference to my letter of the 5th January last and a statement made by
iMcdeo Rose, of schooner Laura Saytcard, a copy of which was sent mefrom your de-
Ipartment for my report thereon, I beg to state that Captain Rose, with his vessel, is
Inow lying oflf Sandy Point. He reported and obtained clearance yesterday on board
IDominion cutter Triumph. On being questioned by Captain Lorway relative to the
Istatement made in October last, ho said much of it was untrue, and denied having
Iniado it. Inclosed please find a statement signed by Captain Rose in my presence at
ISandy Point, sworn to and witnessed by Capt. John Pumejr, justice of the peace.
iHe made no objection at all to signing it, and admits that this statement is true iu
^very particular. Will you kindly have it forwarded to John Tilton, esq., deputy
linistcr of fisheries f

I am, eto.| i

W. W. Atwood,

Collector.

Ihn Bramston.

{.111'!

hi'

110 THE riSHERlES QUESTION.

> [Inclosure 5.]
Declaration of the captain of the Laura Sayicard.

.1, Medco Rose, uiaHtcr of tbo Hcliooner Laura Sayuard, of GlouceBtor, do Holoiiiuly
•Icclaro iind say thafc on tlio (ith October luHfc I iirrivcd at tlio port of iStiollMirno, Novii
Scotia, and rojiortod my voHsel tit tlio custom-lioiise some time after 4 p. ui.

Stated to the colleetor that I wi^i from Western Banks, bound home, and recjuiiwl
provisions, as follows, viz : 7 pounds of sugar, '.i pounds of c(vft'eo, I bushel of pota-
toes, 2 pounds of butter, and to lilt water. This' was all. The collector told mo to
lill the water, but as there was no provision made in the tieaty for the purchasi* of
supplies or stores, ho would telegraph the department at Ottawa at once; that im
doubt they would bo allowed ; and 1 consented to wait until the next morning for u
reply.

i called at the customhouse early the next morning, before 7 o'clock ; stated that,
as the wind was fair and blowing a strong breeze, I would not wait for a reply to to)
egram, but take a clearance, which th'3 collector gave me. I was treated kindFy, al-
lowed to enter my vessel after customs hours, and a clearance grunted me next morn-
ing before the oHice was supposed to l)e opened. I was at the port again in Novemhor,
on my way to the banks, aud the colleetor allowed me to report my vessel inwards
and outwards and gave me a clearance at 8 in the evening.

The statements purporting to have been made by me to the effect that the collector
refused to give me my pajierswhen I asked for them, also that this treatun-nt towards
mo was harsh and cruel, driving myself and crew to sea, having but little Hour and
water, etc., arc all untrue.

And I make this solemn declaration conscientiously believing the same to ho true,
and by virtue of an act of Parliament entitled "An act for the supi)rc8Sion of voluu-
tary and extrajudicial oaths."

Medko Rose.

Taken and declared hefore me, at Sandy Point, this 20th day of April, A. D. 1H87.

John Pukney,
' Justice cif the Peace.

No. 344.

'..■"< ' /'I . Mr. Bayard to Sir L. S. Sachville West.

Department of State,

Washington, July 19, 1887.

Sir: I have the houor to acknowledge your note, dated yesterday and
received to-day, inclosing a copy of the declaration of Captain Medeo
Eose, master of the schooner Laura Say ward, of Gloucester, Mass., made
on April 12 last, at Sandy Point, before a justice of peace, apparently iu
contradiction of the stjitement made by the same party under oath on
October 13 last.

This document will be instantly made the subject of investigation, aud
the observations of this Government thereon, as suggested by your note,
will be communicated to you as soon as information on the matter shall
have been received from the collector of customs at Gloucester, through
whom the original afiidavits of Captain Eose were forwarded to this
Department.

Accept, etc., T. F. Bayard.

No. 352.

Mr. Bayard to Sir L. S. SackviUe West.

Department of State,

Washington, October 31, 1887.

Sir : On the 19th of July last I had the honor to receive from you a
letter, dated the day previous, inclosing a printed copy of a declara-
tion made by Medeo Eose, formerly master of the schooner Laura Say-,

THE FISHERIKS QUESTION.

Ill

mrd, of Gloucester, Mass., in which ho coiitroverta certain statements
theretofore made by him under oath, in relation to his treatment by
Mr. Atwood, collector of customs at Shelburne, Nova Scotia, on the
13rh of October.

Upon receiving your letter I at once commuiiicated its contents to
tliecolioctor of the port of (iloucester, Mass., through whom the origi-
nal coiiiplaine had been forwarded to this Department.

To-day, for the iirst time, 1 was informed that on the 5th of August
last a reply and sworn statement, by way of explanation of this vari-
ance between his atlidavit of October 13, 188C, and liis subsequent dec-
laration at Sandy Point, Nova Scotia, dated April 20, 1887, had been
ill my absence received at this Department, and by inadvertence not
laid before me until to-day.

I tliereforo now inclose a copy of the affidavits of Captain Rose and

Augustus Hogers, made at Glouf^Bster, Mass., on August 3 last, before

I a notary public, by which it appears that his declaration of April 20,

l,SS7^vas not, voluntary, but was obtained from him by the collector, At-

j woort through fear and intimidation, under circumstances fully stated.

I should transmit the documents without further comment, but that,

I ill closing your note to me of July 18 last, you stated that you were

Itaitlier "instructed to ask whether the United States Government

lave any observations to make thereui)on."

In my rc[)(y to you on the 19th of July, I promised to comply with
I Your request, and for that reason I now remark that the incident which
liiiis been the subject of this correspondence affords but another illus-
Itiation and additional evidence, if any were needed, of the unwisdom of
liiii|)eriling the friendly relations of two kindred and neighboring couu-
itrics by intrusting the interpretation and execution of a treaty between
llbein to the discretion of local and petty officials, and vesting in them
||)o\vers of administration wholly unwarranted and naturally prolific of
jtlic irritations which wise and responsible rulers will always seek to
liivoid.

On the eve of a negotiation touching closely the honor and interests

lof tno great nations, I venture to express the hope that the anticipated

licsult of our joint endeavors to harmonize all differences may render it

jlicieafter impossible to create a necessity for those representing our re-

f^liective Governments to be called upon to consider such questions as

iiio presented in the case of the Laura Say ward.

I I have, etc.,

T. F. Bayabd.

[Inclosure.]
Affidavits of Capt. Meieo Hose and Aiiguatus Rogers.

I, Mcdeo Rose, of Gloucester, being under oath, do depose and say, that I was

iiiwter of the schooner Laura Sanicard during the year Ic^dG, and that J am now mas-

|erof the schooner Gleaner of Gloucester.
On April 18, 1887, I went into the lower harbor of Shelburne, Nova Scotia, in said

khoouer Gleaner for shelter and water.

[On the morning of April 19, Mr. Atwood, the collector of customs, with two men

fearing badges, which I supposed were Government badges, came on board. Their
eariince filled me with fear, for I felt some trouble must bo in store for me when

follector Atwood would leave his office and come so far (about 4 miles) to board my
1. I invited him into the cabin, where he showed me a copy of my statement of
Ictober 13, 1886, in regard to the treatment I received from him when in schooner
'ma Sayiiard (October 5, 188(5), and asked nje if I made that statement. I told him I
li. Well, Hiiid he, everything in that statement is false. I told him my statement

lutiue. He then produced a prepared written statement, which he read to me, which

112

THE FISHERIES QUESTION.

§;■

s'Ji.

Htated that my statement of October i;j was uiitruo, and told inn I innst tro on Hlioro
and sign it. Ueiug ncrvoiw and frigbtcnod, and Ceaiiii^r troiiltln if I refnsod, 1 wont
on Bboro with bini, to tho storo of Mr. Purnoy, and before Mr. I'nrney Hi{?ne(l and
swore to tbe statement.

On tbo afternoon of tlio samo day, realizinff tho wron}>; I bad done, I hired a team
and, with one of my erew ( AujjMstnH IloKers), went to the custom-house and asked Col-
lector Atwood to read to nio the Htateinent I had signed. He did so, and I again told
him it was wrong and that my lirst statement was trne.

Ho said I did not ask for all the articles mentioned in my tirst Htatomeut; that lie
did not rofnse mo my paper, and also that that statement mijibt bo tbo cause of his
removal from his ollico. I told him I did not want to injure liini, and I did not want
to make myself out n liar at Washington.

About tho ;Jd day of Juno last I went into Shelburno again solely to get a copy of
tho last statement. I went to tho cnstoni-bon.se, taking the same man (Angustus
Eogors) with mo, and asked Collector Atwood for a copy of the statement.

He refused to give it to me, and said my lawyers had been advising me what to do
and that I ncod never expect a favor from him.

The above is a true statement of tho case. The statement obtained from mo by Col-
lector Atwood was obtained through my fear of seizure if I refused.

Medko Rose.

I, Angnstns Rogors,ono of tho crow of schooner Gleaner, being dnly sworn , do depose
and say, that I went with Capt. Medeo Rose to the custom-house at Shelburno, Novii
Scotia, on the 19th day of April last, and also on the :id ilay of June. I heard hin
conversation with Collector Atwood on both o(!casions, and hereby certify that tbo
statements of those interviews, as made above, are correct and true.

Augustus Rogers.

Mass., EssKX, as;

Personally appeared Medeo Rose and Augustus Rogers, and made oath to tho trutb
of tho above statements before me.

[SBAL.] Aaron Parsons,

Notari/ Fublio.

August 3, 1887.

[Incloanre No. 1 to No. 659 6i«. ] , . ;^ ■

Mr. Bayard to Sir Charles Tiipjyer.

[Personal and unofficial-]

Washington, D. C, May 31, 1887.
My Deau Siu Chahles:

The delay in writing you has been unavoidable.

In tbo very short interview afforded by your visit 1 referred to the embarrassment I
arising out of the gradual emancipation of Canada from tho control of the mother |
country, and tho consequent assumptioii by that comuHiuiiy of attributes of autono-
mous and separate sovereignty, not, however, distinct from tho Empire of Great |
Britain.

The awk wardiHJss of this impcufectly-developed sovereignty is felt most strongly by I
the United States, which can not have formal treaty relations with Canada, except
indirectly and as a colonial <lcpendency of the British Crown, atid nothing could
better illustrate the embarrassment arising from this amorphous condition of things
than the volumes of correspondence published severally this year, relating to the |
fisheries, by the United States, Great Britain, and the Government of the Dominion. |

The time lost in this circumlocution, although often most regrettiible, was the least
part of tho difficulty, and the indirectness of appeal and reply was the most serious [
feature, ending, as it did, very unsatisfactorily.

It is evident that the commercial intercourse between the inhabitants of Canada I
and those of the United States has grown into too vast proportions to be exposed
much longer to this wordy triangular dnel, and more direct and responsible methods |
should be resorted to.

Your own able, earnest, and patriot* 'i services in the Government and Parliament I
of the Dominion aro well known, and afford ample proof of your comprehension of tbe |
resources, rapidly-increasing interests, and needs of British North America.

On the other hand, I believe I am animated by an equal desire to serve my own |
country, and trust to do it worthily.

The immediate difllculty to be settled is found in the treaty of 1818 between tbe |
United States and Great Britain, which has been queaiio vexata ever since it was con-

THE FISHEKIES QUESTION.

113

ist CO on Bhore
refii80<l, 1 wimt
aey siguod und

I liirod a tc.iin
! mid askt'd Col-
Hid I again told

toraeut ; that lie
bo cause of his

I I did not want

o got a copy of

mail (Augustua

mout.

5 1110 what to do

from mo by Col-

Medeo Rosu.

swora , do depose

Slielburuo, Novu

nil?, I beartl liiit

cortify tbat the

jsTus Rogers.

oath to tbo truth

t Parsons,
I^-otary rublio.

May 31, 1887.

he embarrassment I
fol of tlie mother |
Hbutes of antono-
|Empiro of Great I

J most strongly by I
li Canada, except
Id nothing could
lidition of things
], reUiting to the ]
i>f tho Dominion.
Iblo, was the least I
Ithe most serions

Itauts of Canada
la to be exposed
Wnsible methods

I and Parliament

ttreheusion of the |

Imerica.

Ito serve my own I

Ibis between the
aince it was con-

cluded, and to-day is suffered to interfere with and seriously embarrass tho good nn-
diMHliuidiiig of both countries in the important commercial rt;Iations and interests
which liavo come into being since its ratilicatiou, and for tho adjustment of which it
is wliolly inadequate, as has been unhappily proved by the events of tho past two
yearn.

I am coiifidont wo both seek to attain a just and pormanent sottlement, and there
if) but one way to procure it, and that is by a straightforward treatment on a liberal
ivnd utatcsmau-like plan of the entire commercial relations of tho two countries.

I Bay commtTcial, because I do not propose to include, however indirectly, or by any
intendment, however partial or oblique, tho political relations of Canada and tho
United States, nor to artect tho legislative independence of either country.

Wiieii you were here I was prepared to send my reply to tho " Observations" ujiou
my projxiHiil for a settlement (of November 15 last), which were communicated to Mr.
rh(l|is l)y Lord Salisbury on March 24, and also to express my views of his lordship's
alternative proposition.

Your visit and invitation to negotiate here was entirely welcome, and of, this I
endeavored to impress you.

Conversation with tho President has confirmed these views, and now it remains to
give them practical effect.

° Great Britain being the only *reaty-making party to deal with the United States,
the envoys of that Government .Jone are authorized to speak in her behalf and create
liir obligations.

I presume you will be personally constituted a plenipotentiary of Great Britain to
arrange here, with whomsoever may be selected to represent the United States, terms
of arrangement for a modus vivendi to meet present emergencies and also a permanent
la'i to avoid all future disputes.

It aiipears to mo that as matters now stand the colony of Newfoundland ought to

I lie represented and included, for a single arrangement should suttlco to regulate all

tbe joint and several interests involved. I should, therefore, be informed speedily

I through the proper channel as to the authorization and appointment by the Imperial

I Government of such representatives.

Till! gravity of tho present condition of affairs between our two countries demands
I entire Iniukuess.

U'eil we stand at "the parting of tho ways." In one direction I can see a woll-
I assured, steady, healthful relationship, devoid of petty jealousies, and filled with the
fruits of a prosperity arising out of a friendship cemented by mutual interests and
luduring because based upou justice; on tho other, a career of embittered rivalries,
staining our long frontier with tho hues of hostility, in which victory means the de-
struction of an adjacent prosperity without gain to the prevalent party — a mutual
hdiysical and moral deterioration which ought to be abhorrent to patriots on both
sides, and wliich I jim sure no two men will exert themselves more to prevent than
[the parties to this unoiHcial correspondence.

As an intelligent observer of the current of popular sentiment in the United States,
I you can not have failed to note that the disputed interprertation of the treaty of 1818,
[and tho action of tho Canadian officials towards American lishing vessels during tho
[last season, has awakened a great deal of feeling.

It behooves those who are charged with the safe conduct of the honor and interests
I uf the respective countries by every means in their power sedulously to remove all
I causes of ditt'erence.

Tho roundabout manner in which tho correspondence on the fisheries has been
[necessarily (perhaps) conducted has brought us into tho new fishing season, and tho
Iperiod of possible friction is at hand, and this admonishes us that prompt action is
I needed.

I am prepared, therefore^ to meet the anthorized agents of Great Britain at this
leaf Ital at tho earliest possible day, and enter upon negotiations for a settlement of
|all difl'crences.

The magnitude of tho interests involved, and tho far-reaching and disastrous con-
Iseqnences of any irritating and unfriendly action, will, I trust, present thcnuiclvcs
Itdtlioso in whoso jurisdiction the fisheries lie, and cause a wise abstention from vex-
ptious enforcement of disputed powers.

Awaiting your reply, I am, very truly, yours,

Sir Charles Tupper, etc.,

Ottawa, Canada,

S. Ex. 113 8

T. F. Bayard.

114 THE FISHERIES QUESTION.

[InoloAiiro No. 2 to No. e.')0 bU.]

Sir Charles Tuppcr to Mr. Bayard.

[I'orRoniil mid iiiioflloial.l

OrrAWA, June , 1887. (UeooiveU June 10, 2 p. m.)
My dkak Mk. Bayaku:

I liiid grout/ ]>lcainiro in rt'cciving your lottor of May 3Ist., oviiicing hh it (loos tlie ini|
]ii>rbtuiuo which yiiii uttuch to un uiiiiealiht iidJuHtinoiit of thu fmhoricH <|iii^Hti(>n, uni||
the iiiiiiiitonaiKui of tho cordial CDiiiincrcMiil ndctiouH hotwcun tho Uiiitod States aiij|
Canada iinthu' whidi hiicIi vast and inntiially liiniuticial liavo grown up.

1 ontiroly concur in yonr Htatcniont tliat '' Wo both m'nk to attain a jnst and porma i
nont Hctthiinimt, and that thuro is l)nt one way to procurn it, andtlut m liy astrai^litJ
forward treatment, on a liberal uud Htatcsuiau-liko plan, of tho outiro coninuorciul rc'|
hitions of tho two countrios."

I note jiartitMilarly yonr HUggcstions that as tho interests of Canada are so iniint'dii
atoly concerned, Ilor MiiJcHty's Oovernincnt should be invited to depnte a Caiiiuiiaol
statesman to negot iato witli yon " a modiiH vireiidi to mc(!t jiresent oniorgoncioK and ulsol
a i)ormanont ])lan to avoid all dis|lutes," and I feel no doubt that a negotiation tliusi
undertaken would greatly increase tho prospects of a satisfactory solution.

I say this, not becanso I believo that there has been any disposiiion on the partofl
tho British Government to postpone Canadian interests to its own, or to retard by ncod-l
less delay a settlement desired by and advantageous to tho people of Canada aiulofl
tho United States, but be(^ause I have no tloubt that direct personal commuuicatiunJ
will save valuabhs time and render each side bettor able to comprehend tho needs amlj
tho position of tho other.

I am greatly llatterod by your kind personal allnifion to myself.

Tho selection of tho persons who might bo deputed to act as commissiouors would]
liowovor, as you are aware, rest with Her Mnjesty's Governmont.

Our exporienco has been to tho oti'ect that tho selection has in such cases, as ftir as ill
concerned tho choice of tho representatives of tho Dominion, boon made with carei'ul|
regard to public fooling in this country.

I have thought it luy duly and also tho most offoctnal manner of giving effect to yonij
suggestion, to make known to Lord Lansdowne tho purport of my correflpondenco wiibl
yoii. Ho is strongly desirous of facilitating a settlement and will at once bring the|
matter before tho secretary of state with an expression of his hope that no time wil
bo lost in taking stops for establishing, by moans of personal comnmnicatious wilhl
.your Government, a modus viveudi sucli as yon have despribod, and also for arriviugl
at an understanding in regard to a lasting adjustment of our commercial relations.

In the earnest hope that your proposal for the sottlomont of this vexed question uiay|
result at an early day in a solution satisfactory and beneficial to both countries,
I remain, yours faithfully,

CnARLKS TUPPER.

No. 2.

Mr. Bayard to Mr. Phelps.

No. 659 bis.] Department op State,

Washington, July 12, 1887.

SlE : On March 24tb last the Marquis of Salisbury inado reply toj
your note to him of December 3, 1886, and commuuicated the views off
the Canadian Government upon the ad interim arrangement propc
by the Government of the United States, under date of the 15th ofj
November preceding, for the settlement of the fishery disputes.

This reply of his lordship and the "observations" of tbe Canadianl
authorities upon the proposal for an arrangement were conveyed in Mrl
White's dispatch of March 30, and received at this Department Aprilj
11th last, when it had my immediate consideration.

An answer was prepared forthwith to the note of his lordship as vrelll
as to the "observations," and for your information I now inclose twoj

THE FISHERIES QUESTION.

116

mo 10, 2 p. m.)

ntiHHionei'8 would

[ABLE8 TUPPKR.

cojm's tliorcof, which for couveuionco and intelligibility have beon
niiiitcd as a third parallel column to tho original proposal and the Cua-
adiaii "observations."

Tills (hxHUMcnt would have gone forward to you in eontinuanceof the
iic<j()tiation so eommenced between yourself and the Jiritish foreign
ollico, but I was in<lireetly made aware that the < /ana<lian ( Jovernment, to
whom, i\ it appears, all communications tVom this Government to that
ot'Cireat i'.ritain, touching the mattt'rs under con:^<ideration between the
two (lovirnmonts in relation to the fishery (piestion under the treaty of
1818 had been invariably submitted before reply, souf?ht to make an in-
Ibrinal communication to this Department on the Hul)je(;t.

Tims informed, and desiring to lend every aid in my i)ower at this
jiuic-tiu'e toward a practical settlejuent of serious aiul long standing dif-
llciilties, I delayed my response to Mr. White's dispatch of March 30,
uiiil on May 21 Sir Charles Tupper, the Canadian minister of finance,
civlled upon me at this departmenf . introduced by the IJritish minister
at this capital.

Tiie object of this visit was to discuss informally the ]>resent condi-
tion and i)rospect8 of conunercial relations between the United States
iiiid the Dominion of Canada, especially in connection with the fish-
erics and the commercial questions involved.

The visit here of Sir CharUw Tupper, on behalf of tho Canadian
(lovenunent, was received with cordiality, and expressions were ox-
clianged of a mutual desire for the settlement of all existing diflicul-
ties, and for au increased freedom of cc^nmercial intercourse between
tlie United States and Canada.

In consequence of the statements made by Sir Charles Tupper on tho
occasion referred to, I wrote him a i)ersonal and unoflicial letter on tho
31st of May, and received on June 10th his reply, and copies of this
correspondence were duly sent to you.

Yesterday Sir Lionel West handed m
following copy of a telegram to him from Lord Salisbury :

If Secretary of State will formally pro^poHO tlio ii[)poiiitinont.of cniiiiiiiHsion as sug-
jrested by him iu his corrcspoudenco with Sir Charles Tapper, ller Maj >sty's Govoru-
ment will agree with great ploasnro.

Salisbuky.

and I have just telegrai)hed you to the following effect:

Phelps, Mmister, London:

Sir Lionel West handed to mo yesterday telegram from Lord Salisbury agreeing to
the uogotiation suggested by me informally iu correspondence with Sir Charles Tupr
per, alter his visit to this capital, and requestiug mo to make fornnil proposal, which
will bo forwarded to you at ouce.

Bayaud.

By reference to my personal letter to you of May 31, which inclosed
acopy of my letter to Sir Charles Tupper of that date, you will perceive
tliatldid not propose the appointment of a "commission," but used
I the following language in reference to the proposed negotiation :

Your visit and invitation to negotiate here was entirely welcome, and of this I
I endeavored to impress yon.

Conversation with tho President has confirmed these views, and now it remains to
I give them practical eft'ect.

Great Britain being the only treaty-making party to deal with tho LTnited States,
the envoys of that Government alone are authorized to speak iu her behalf and create
I her obligations.

I presume you will be personally constituted a plenipotentiary of Great Britain to
[arrange here, with whomsover may bo selected to represent the United States, terms

and without comment, the

' I ''id

lU)

THE FISHERIES QUESTION.

[It.

I, .»

IV'iJ

of arriuiRoiiittnt. tor n motluH rivendi to moot proHont omorKoncioH, itiid uIho a p<friiiuii('iit
Itltm to avoid all i'litiiro (liH|iuto8.

It )i|i]i<'ai-N to iiio tliat aH iiuitttuH now Htaiid the colotiyof Nowl(iiiiidlaiuloiiKlitl(ilk'
ro^iroHoiitod and iiicliidod, tor a Hiii^lu arrangomoiit slioiild tiullico to ro(riilato all tbe
joint and Novoral intoroHts involv4'd.

I should, tlioroloro, !)»» int'orniod Hpoodily, through tlio i)roi>or oininnol, an to tlio nil-
tliori/ation and a|i|ioinlniont hy tlui Iniporial (jtovoriwnrnt of nih;Ii ruitroMontativuH,
• » • > » » •

I am pioparod, thorofoio, to mi*ot tho anthorizt-d a;;onts of (it-oat Hri tain at lim I
capital at tlio oarlioNt puHHiblo day, and outor npun nogotlationH tor a Hottloniont of |
all dilt'oronccM.

By reason of the action of the Senate on Ainil 15, 1H80, in regard to |
the recoinineinlatioii of the President for the appointment of a joint
cointnission to take into (ionsideration the entire question of ilMJiiii);
rights of the two Governnients and tlieir citizens on the coast of Jiritish
North America, the formation of a joint commission was not again pro-
posed by mo, bnt in tho dis(;liargo of his constitutiomil functions iicfjo
tiation« witli a view to a settlement were not abandoned, bnt have beeii I
proceeded witli by this Department under the direction of the Presi |
dent.

The number of plenipotentiaries to be employed on either side docsj
not seem to be material to the object in view. The treaty of IH~A com
prohended the same class of questions 8.ubstantially, and as I have be I
fore remarked in my correspondence with yon, was negotiated by tiie
Earl of Elgin, at that time governor-general of Canada, and Mr. Williiuii
L. Marcy, then the Secretary of State of the United States. By rcter
enco also to our prior treaties with Great Britain it will be found that
the number of plenipotentiaries einpioyed on either side varied and was |
frequently unequal.

The "mixed commission" referred to in the first article of the ad in\
terim iiroposal submitted by you in December last to the British foreign |
oflQce, was to bo authorized by Congress before appointed, and only tin
der legislative authority couUl they be so employed and provision luiidel
for their compensation.

It is not, therefore, considered essential or important for tho accom-
plishment of the negotiation now contemplated to provide for the aii
poiutment of a commission, eo nomine.

The questions to be considered and settled are not so complicated iul
number or nature as to require a largo numerical force of negotiators,
such as was apparently deemed expedient in 1871.

It is regarded by the President as of the highest importance that a I
-distinct and friendly uuderstandirig should without delay be arrived at
between the United States and Great Britain, touching the extent of
the rights which belong respectively to the citizens of the United States
and the subjects of Her Britannic Majesty in relation to the fisheries ou
':he coasts of the British Possessions iu North America, and as to any
other questions which aft'ect the trade and comjnercial relations between |
the United States and those possessions.

You are, therefore, instructed to propose to Her Majesty's i>rincipal
secretary of state for foreign ailairs the appoiutment of an envoy ex
traordinary and minister plenipotentiary, to meet in the city of Wash-
ington a minister plenipotentiary of the Government of the United!
States, duly authorized by the respective Governments to treat of aud
discuss the mode of settling all questions which have arisen out of the I
dsheries on the coasts of British North America, and all other qaestions I
affecting tho relations between the United States and Her Britannic j
Majesty's possessions in North America.

M) a poriiiaiiiMit

THE FISHERIES QUESTION.

117

Should it be found nocossary or expedient to increase tlie number of
the rt'preHontativeH of eitiier party in tlio propo8e«l ne{;otiation, it can
lu' done, and notice bo giveu to tliat elfect.

Helicvlnt? tliiH propoHal to l)o in accord witli late expressions of
Her Majoi^ty's Uovernnient, indicatinff a cordial and sincere desire to
ivrrivc at an amical)le, permanent, and Just settlement of tlie important.
(liipstioii above referred to, I transmit it to you for presentation, in the
lull contidence of its prompt acceptance by llor Majesty's Government,
and 1 have the Iionor to be, Sir,
Your obedient servant,

T. F. Bayard.

No. 3.

PROTOCOLS OF THE CONFERENCES OF THi^ NEGOTIATIONS.
I.— Protoool of Fisheries, Conference.

Washington, November 22, 1887.

The Fisberies Conference having formally met, the full powers of the
[plenipotentiaries were exhibited and found to be in good and due form,

as follows:

IGrover Cleveland, President of the United States of America,
whom these presents shall come, greeting:

To all

Know ye that, reposing special trust and confidence in the integrity
land ability of Thomas F. Bayard, Secretary of State, William L. Put-
liiara of Maine, and James B. AngoU, of Michigan, I hereby invest them
Iwithfiill power jointly and severally, for and in the name of the United
Istiites, to meet Jind confer with plenipotentiaries representing the Gov-
lernraent of Her Britannic Majesty, for the purpose of considering and
jadjusting in a friendly spirit all or any questions relating to rights of
jfisbery in the seas adjacent to British North America and Newfound-
lland, which are in dispute between the Government of the United States
land that of Her Britannic Majesty, and any other questions which may
larise and which they may be authorized by their respective governments
jto consider and adjust; and I also fully empower and authorize the i^aid
Thomas F. Bayard, William L. Putnam, and James B. Angell, jointly
and severally, to conclude and sign any treaty or treaties touching the
premises, for the final ratification of the President of the United States,
by and with the advice and consent of the Senate, if such advice and
[consent be given.

In testimony whereof 1 have caused the seal of the United States to
be hereunto affixed,

Given under my baud, at the city of Washington, this eighteeuth
lay of November, in the year of our Lord one thousand eight hundred
bd oighty-seveu, and of the Independence of the United States the one
puudred and twelfth.
[seal.] Grover Cleveland.

By the President:

T. F. Bayard,

Secretary of State.

118

THE FISHERIES QUESTION.

Victoria R. & I. Victoria by the grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith, UmprenH of
India, dLc, il;c., tt'c, to all and singular to whom these presents shall
come, greeting:

Wlioreas Ibr llie purpose of considering and adjusting in a friendly
spirit with plenipotentiaries to be appointed on tlie part of our good
friends the United States of America all or any questions relating to
rights of fishery in the seas adjacent to British North America and
Newfoundland, which are in dispute between our Government and that
of our said good friends, and any other questions which may arise which
the respective plenipotentiaries may be authorized by their governments
to consider and adjust, we have judged it expedient to invest fit persous
with full power to conduct on our part the discussions in this behalf.
Know ye, therefore, that we, reposiug especial trust and confidence in
the wisdom, loyalty, diligence, and circumspection of our right trusty
and well beloved councillor, Joseph Chamberlain, a member of our most
honorable privy council, and a member of Parliament, &c., &c.; of our
trusty and well beloved the honorable Sir Lionel Sackville Sackville
West, knight commander of our most distinguished order of St. Michael
and St. George, our envoy extraordmary and minister plenipotentiary to
our said good friends the United States of America, &c., &c., aud of or."
trusty and well beloved Sir Charles Tapper, knight Grand Cross of our
most distinguished order of St. Michael and St. George, ccmpauiou of
our most honorable order of the Bath, minister of finance of the Domin-
ion of Canada, &c., &c., have named, made, constituted, and appointed,
as we do by these presents name, make, constitute, and appoint them
our undoubted plenipotentiaries, giving to them, or to any two of them,
all manner of power and authority to treat, adjust, and conclude, with
such plenipotentiaries as may be vested with similar power and authority
on the part of our good friends the United States of America, any trea-
ties, conventions, or agreements tnat may tend to the attainment of the
above-mentioned end, and to sign for us and in our name, everything
so agreed upon and c.:ncluded, and to do and transact all such other
matters as may appertain to the finishing of the aforesaid work in as
ample manner and form, and with equal force and efficiency, as we
ourselves could do if personally present, engaging and promising upou j
our royal word that whatever things shall be so transacted and cou
eluded by our said plenipotentiaries shall be agreed to, acknowledged,
and accepted by us in the fullest manner, and that we will never sailer,
either in thewholeor in part, anyperson whatsoever toinfringe the sanu',
or act contrary thereto, as far as it lies in our power. In witness wht eol
we have caused the great seal, of our United Kingdom of Great Britain |
and Ireland to be alllxed to these presents which we have signed witli
our royal hand. Given at our court at Balmoral the twenty-fourth j
day of October in the year of our Lord one thousand eight hundred |
end eighty-seven, and in the fifty-ti^rst year of our reign.

The British plenipotentiaries proposed that Mr. Bayard, Secretary of ]
State of the United States, should preside.

Mr. Bayard, while expressitig appreciation of the p^^rosal, stated the |
opinion, in which the other United StiJtes plenipotentiaries concurred,
that it was not necessary that anyone should preside; and the pro- 1
posal was permitted to rest.

Mr. John B. Moore, Third Assistant Secretary of State of the United!
States, acting as secretary to the United States plenipotentiaries, and]
Mr. J. IT. G. Bergne, C. M. G., superintendent of the treaty depart

THE FISHERIFS QUESTION.

119

(I Kingdom of
i, EwprenH of
presents shall

in a Irieiully
: of our good
18 relating to
America and
aent apd tbnt
ly arise which
• governmeuts
est fit persons
in this behalf.
confidence in
r right trnsty
er ol" our most
c, &c.; Gi our
;ille Sackville
of St. Michael
lipotentiaryto
fcc, and of on"
d Cross of our
, compauiou of
of tlie Douiin-
md appointed,
appoint them
y two of them,
conclude, witli
and authority
rica, any trea-
ainment of the
ne, everything
all such other
aid work in as
iciency, as vrc
romising upon
icted and cou-
icknowledged,
1 never suffer,
inge the same,
itness wht eot
Gr«iat Britain
^e signed witli
twenty-fourth
light hundred

(1, Secretary of

isal, stated tbe I
Hes concurred,
and tlicpro'

of tbe United j
Itcntiarics, and
Itreaty dei)art|

ment of the British foreign office, acting as secretary to the British
plenipotentiaries, were requested to make the protocols ol' the Confer-
ence.

After some discussion of questions before the Conference, it was ad-
joarned to 12 o'clock m. of the 28th of November.

John B. Mooee.
J. H. G. Bergne.

II. — Protocol op Fisheries Conference.

Yif AsniNGTON, November 28, 1887.

The Conference having nssemblod, all the plenipotentiaries> being
present, the protocol of the session held on the 22(1 of November was
approved.

After discussion of questions before the Conference, it was adjourned
to the 30th of November.

J. H. G. Bergne.
John B. Moore.

III. — Protocol of Fisheries Conference.

Washington, November 30, 1887.

The Conference having assembled, all the plenipotentiaries being
I present, the protocol of the previous session was approved, and discus-
I sion of the questions under consideration was resumed.
An adjournment was made to the 3d of December.

John B. Moore.
J. H. G. Bergne.

IV.— Protocol of Fisheries Conference.

Washington, December 3, 1887.

The Conference reassembled, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
I discussion of matters under consideration, the Conference was adjourned
[ to the 7th of December.

J. H. G. Bergne.
John B. Moori^j.

v.— Protocol of Fisheries Conference.

Washington, JDecetnber 7, 1887.

The Conference met, all the plenipotentiaries being nresent.
The protocol of the previous session was approved, and after further dis-
I cubsion of matters under coasideration, the Conference was adjourned
to the 10th of December.

John B. Moore.
J. H. G. Bergne.

120 THE FISHERIES QUESTION.

VI.— Pkotocol of Fisheries Conference.

Washington, December 10, 1887.
The Conference mot, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Co'^ference was adjourned
to the 4th of January, 1888.

J. H. G. Bergne.
John B. Moore.

VII.— Protocol op Fisheries Conference.

Washington, January 9, 1888.
The Conference, which was adjourned on the 10th of December, 1887,
till the 4th of January, 1888, did not, owing to unavoidable delays, re-
assemble till the 9th of January.

On that day the Conference met, all the plenipotentiaries being pres
ent.

The protocol of the previr»us session was approved, and after further j
discuss'.on of matters under consideration, the Conference was adjourned
to the lltU of January.

J. B. Moore.
J. II. G. Bergne.

VIII.— Protocol of Fisheries Conference.

Washington, January 11, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and alter further
discussion of matters under consideration, the Conference was adjourned
to the 14th of January.

J. B. Moore.
J. H. G. Bergne.

IX.— Protocol of Fisheries Conference.

Washington, January 14, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after furtht;
discussion of matters under consideration, the Conference was adjourned |
to the 18th of January.

J. n. G. Bergne.
J, B. Moore.

X.— Protocol op Fisheries Conference.

Washington, January 18, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further I
discussion of matters under consideration, the Conference was adjourned [
to the 21st of January.

J.B.Moore.
J.n. G. Bergne.

THE FISHERIES QUESTION.

121

iries being preS'

XI. — Peotocoi, of Fishekies 'Jonference.

WAsniNGTON, January 21, 1888.
The Conference met, all the i)lenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 23d of January.

J. H. G. Bergne.
J. B. Mooke.

XII.— Protocol of Fisheries Conference.

Washington, January 23, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference Avas adjourned
if) tlie *34th of January.

J. H. G. Bergne.
J. B. Moore.

XIII.— Protocol of Fisheries Conference.

Washington, January 24, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further'
discussion of matters under consideration, the Conference was adjourned
to the 25th of January.

J. U. G. Bergne.
J. B. Moore.

XIV.— Protocol of Fisheries Conference.

Washington, January 25, 1888.

The Conference met, all the plenipotentiaries being present.
Tiie protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to 0 26th of January.

J. B. Moore.
J. H. G. Bergnc

XV. — Protocol of Fisheries Conference.

Washington, January 26, 1888.
The Conference met, all the plenipotentiaries bring present.
The protocol of the previous session was approved, and after further
I discussion of matters under consideration, the Conference was adjourned
I to th(^ 28th of January.

J, B. Moore.
J. R. G. Bergne.

122 THE FISHERIES QUESTION.

XVI. — Protocol of Fisheries Conference.

Washington, January 28, 1888.
T!;e Conference met, all the plenipotentiaries being present.
Tlie protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjournd
to the 30th of January.

J. B. Moore.
J. H. G. Bergne.

XVII.— rROTocoL OF Fisheries Conference.

Washington, January 30, 1888.

The Conference met, all the plenipotentiaries being present.
Tlie protocol of tlie previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 3l8t of January.

J. B. Moore.
J. H. G. Berone.

XVIII. — Protocol of Fisheries Conference.

Washington, January 31, 1888.
The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, tlie Conference was adjourned
to the 1st of February.

J. B. Moore.
J. H. G. Bergne.

XIX.— Protocol of Fisheries Conference.

Washington, February 1, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 2d of February.

J. H. G. Bergne.
J. B. Moore.

XX.— PiiOToooL OP Fisheries Conference.

Washington, February 2, 1388.

The Conference met, all the plenipotentiaries being present.
The protocol of the previou" session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 3d of February.

J. H. G. Bergne.
J. B. Moore.

THE FISHERIES QUESTION.

XXI.— Protocol of Fisheries Conference.

123

Washington, February 3, 1888.
Tbe Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 6th of February.

J. H. G. Bergne.
J. B. Moore.

XXII. — ^Protocol of Fisheries Conference.

Washington, February C, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and alter further
(liscussiou of matters under consideration, the Conference was adjourned
to the 7th of Feh"o«>'y.

J. H. G. Bergne.
J. B. Moore.

XXIII. — Protocol of Fisheries Conference.

Washington, February 7, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 8th of February.

J. H. G. Bergne.
J. B. Moore.

XXIV. — Protocol of Fisheries Conference.

Washington, February 8, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
: to the 9th of February.

J. n. G. Bergne.
J. B. Moore. ,

XXV.— Protocol op Fisheries Conference.

Washington, February 9, 1888.

The Conference met, all the plenipotentiaries being present.

The protocol of the previous session was approved, and after further
1 discussion of matters under consideratiou, the Conference was atyourned
j to the 10th of February.

J. B. Moore.

J.

H. G. Bergne.

124 THE FISHERIES QUESTION.

XXVI.— Protocol op Fisheries Conference.

Washington, February 10, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 13th of February.

J. E. Moore.
J. H. G. Bergne.

XXVII.— Protocol of Fisheries Conference.

Washington, February 13, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to the 14th of February.

J. H. G. Bergne.
J. B. Moore.

XXVIII.— Protocol op Fisheries Conference.

Washington, February 14, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous sessions was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to 11 o'clock a. m., 15th of February.

J. H. G. Bergne.
J. B. Moore.

XXIX.— Protocol op Fisheries Conference.

Washington, February 15, 1888.

The Conference met, all the plenipotentiaries being present.
The protocol of the previous session was approved, and after further
discussion of matters under consideration, the Conference was adjourned
to 5 o'clock p. m. of the same day.

J. B. Moore.
J. H. G. Bergne.

XXX.— Protocol op Fisheries Conference.

Washington, February 15, 1888.

The Conference met at 5 o'clock p. m., all the plenipotentiaries being |
present.

The protocol of the previous session was approved, and the Confer-
ence then proceeded to the comparison of two printed drafts of a treaty, |
which, being found to be correct, WQre duly signed by the plenipoten-
tiaries.

The treaty having been signed, the British plenipotentiaries pre-
sented the following paper :

The treaty havinc been signed, tlie British pIcnipotontiarieB tlesire to state tliatj
they have been conNiderin^i; the position wuich will bo create«l l»y the iniiiiediate coni.j

THE FISHERIES QUESTION.

125

teutiaries pre-

iiioiicenioiit of tbo lishiiig seaBon before the treaty can possibly bo ratifiisd by tbe Hon-
ate of the United States, ))y the parliament of Canada, and tbo logiHlatiuo of New-
foiiiulliunl.

Ju Mm absence of snob ratification tbo old conditio'is, whicb bave given rise to so
iiiiicb friction and irritation, migbt bo revived, and might interfere with the nnprcjn-
diiMul consideration of tbo treaty by tbo legislativo bo<lies concerned.

Under tbeae circumstances, and with the fn.ulier object of afi'ording evidence of
tlioir anxious desire to promote good feeling and to remove all possible subjects of
controversy, the British plenipotentiaries aro ready to make the following teniponirv
iirraiigomentfor a period not exceeding two years, in order toaitbrd a " modus vwendi^'
pcTiding the ratilication of tbo treaty:

1. For a period not exceeding two years from the present date, the privilege of en-
tering the bays and harbors of the Atlantic coasts of Canada and Newfoundland siiall
1)0 granted to United States fishing vessels by annual licenses at a fee of l^H per ton
for the following purposes:

The purchase of bait, ice, seines, lines, and all other supplies and outfits.

Transshipment of catch and 8hipi)ing of crews.

'2. If during the continuance of this arrangement tbo United States sliould romovo
tliodnties on fish, fish-oil, whale and seal-oil (and their coverings, packages, etc.), tbo
said licenses shall be issiied free of charg3.

;i. United States fishing vessels entering the bays and harbors of tbo Atlantic coasts
of Canada or of Newfoundland for any of the four purposes mentioned in Article I of
tbo convention of October 20, 1818, and not remaining therein more than twenty-four
lionrs, shall not be required to enter or clear at the custom-bouse, providing that
they do not communicate with the shore.

4. Forfeiture to bo exacted only for tbo oflfences of fishing or preparing to fish in
territorial waters.

5. This arrangement to take effect as soon as the necessary measures can bo com-
pleted by the colonial authorities.

J. Chamberlain.

L. S. Sackvillk West.

CHARLE8 TUPPER.

Washington, February 15, 1888.

To this communication the American plenipotentiaries made the fol-
lowing replj- :

The American plenipotentiaries having received the communication of the Briti.sh
plcnipoteLtiaries of this date conveying their plan for the administration to be ob-
served by the Governments of Canada and Newfoundland in respect to the fisheries
i (luring tiio period which may be requisite for tbo consideration by the Senate of the
treaty thin day signed, and the enactment of the legislation by the respective Govern-
I meuts therein proposed, desire to express tlip ir satisfaction with this manifestation of
au intention on the part of the British plenipotentiaries, by tbo meiins referred to, to
maintain the relations of good neighborhood between the British Possessions in North
America and the United States; and they will convey the communication of the
British plenipotentiaries to the President of the United States, with a reciommonda-
tioutbat the siime may iJe by him made known to the Senate for its information,
together with the treaty, when the latter is submitted to that body for ratification.

T. F. Bavauh.
Wii-LiAM L. Putnam.
James B. Anoell.
Washington, Fehrnary 15, 1888. .

Mr. Bayard referred, on behalf of the American plenipotentiaries, to
Ithe services of the secretaries during the sessions of the Conference, and
jproposed that an expression :)f thanks be made to them for their asaist-
lance. In this the British plenipotentiaries concurred.

Mr. Bayard then said that he wished to express his gratification at
Iwbat had been accomplished. He hoped and believed the Conference
[had laid the basis upon which Canada and tLa United States could look
jforward to a period of enlarged intercourse and increasingly friendly
jrelations. As lie had expressed himself before, ho felt that as a result
|of the controversies of the two preceding years, the two countries stood
attiie parting of the ways, and it became necessary to determine whether
[their future should be in the direction of friendship and mutual conven-

126

THE FISHERIES QUESTION.

ionce, or of unfriondliness and alienation. He hoped the work that Lad
been done by the Conference wouhl decide that question, and that the
bonds of amity between the fcwo countries would be strengthened by the
ties of friendly and mutually beneficial intercourse.

Mr. Chamberlain said that on behalf of the British plenipotentiaries
ho desired, at the conclusion of the lengthened (ieliberations of the
Conference, to acknowledge the uniform courtesy of their American
colleagues. The same spirit had animated all who had been engaged
in this work, and he hoped and believed had contributed to a joint
and honorable settlement of a long pending controversy, which has
more than once threatened the friendly relations of the United States
and Croat Britain.

The I'espousibility would now rest on other shoulders; but whatever
the result might be, the plenipotentiaries would have the satisfaction
of knowing that they had at least done their part in endeavoring not
merely to remove existing causes of irritation, but also to promote in
the future that cordial amity and sentiment of good neighborhood
which were so desirable in the case of kindred and bordering nations.

Sir Charles Tapper said :

Mr. Bayard, I ii'UHt add a few words to what has been ho well said by Mr. Cliiim-
bcrlain. 1 desire on behalf of Canada to Hay that I think the conciliitory Hi>irit iii
which wo botli met last Easter has fonnd expression in tfio terms of this treaty. I
hope it will remove all canses of iirit.ation between Great Britain and the IJnitiil
States, and condnee to the continnaiieo and extension of those intimate commerciiil
relations which have so long existed between Canada and the United States, wiih
marked advantage to both conntries. I sincerely hope that tlie settlement at wliicli
wo have arrived will bo accepted by the people on botii sides of the boundary line as
as an equitable and houorablo arrangement.

At the suggestion of Mr. Putnam, the secretaries were requested by
the j)lenipotentiarie8 to ombodj' the remarks of Mr. Bayard, Mr. Cham-
berlain, and Sir Charles Tupper in the protocol of the session.
The Conference was then finally adjourned.

J. B. Moore,
J. H. G. Bergne.

3 work that Lad
111, and that the
igtheued by the

Bray, which has
3 United States

MESSAGE

FItOM THE

PRESIDENT OF THE UNITED STATES,

THANSMirriNQ

A. treaty between the United iitatcn and Great Britain concerning the inter-
pretation of the convention of October 20, 1818, signed at Washington
February 15, 18SS.

Fkbkuaky 20, 1888. — Roatl, treaty road tho flrHt tinio, roforrort to the Committee ou
Foreign RelatioiiH, aud, togcthor with tho luossugo and tho accompanying docu-
uientH, ordered to lie printed in coniidence for the uue of tho Senate.

To the Senate of the United States :

lu my annual message transmitted to the Congress in December, 1886,
it was stated that negotiations were then pending for the settlement
of the questions growing out of the rights claimed by American fisher-
uieii in British North American waters.

As a result of such negotiations a treaty has been agreed upon be-
tween Her Britannic Majesty and the United States, concluded and
signed in this capital, under my direction and authority, on the 15th of
February instant, and which I now have the honor to submit to the
Senate, with the recommendation that it shall receive the consent of
that body, as provided in the Constitution, in order that the ratifica-
tions thereof may be duly exchanged and the treaty be carried into effect.

Shortly after Congress had adjourned in March last, and in con tin u-
tion of my efforts to arrive at such an agreement between the Govern-
ments of Great Britain and the United States as would secure to the
citizens of the respective countries the unmolested enjoyment of their
just rights under existing treaties and international comity in the terri-
torial waters of Canada and of Newfoundland, I availed myself of
opportune occurrences indicative of a desire to make without delay an
amicable aud final settlement of a long-standing controversy — produc-
tive of much irritation and misunderstanding between the two nations —
to send through our minister in London proposals that a conference
should take place on the subject at this capital.

The experience of the past two years had demonstrated the dilatory
and unsatisfactory consequences of our indirect transaction of busi-
ness throp.gh the foreign office in London, in which the views and wishes
of the Government of the Dominion of Cmada were practically pre-
dominant, but were only to find expression at second hand.

To obviate this inconvenience and obstruction to prompt and well-de-

127

128

THE FISHERIES QUESTION.

Hued Muttleiiient, it was coimidered advisable that the negotiation
should be coiulueted in this city, and that the interests of Canada und
Newtoundliind should be directly re])re8ented therein.

The terms of reference having been. duly agreed upon between the
two Oovernnients, and the conference arranged to be held here, by vir
tue of the j)ower in me vested by the Constitution, I duly authorized
Thomas F. Bayard, the Secretary of State of the United States, Will-
iam L. Putnam, a citizen of the State of Maine, and James B. Angcll,
a citizen of the State of Michigan, for and in the name of the United
States, to meet and confer with the pleniijotontiaries representing the
Government of Her Britannic Majesty, for the purpose of considering;
and adjusting in a friendly spirit all or any questions relating to rights
of fishery in the seas adjacent to British North America and Newfound-
land which were in dispute between the Governments of the United
States and that of Her Britannic Majesty, and jointly and severally to
conclude and sign any treaty or treaties touching the premises; audi
herewith transmit for your information full copies of the power so giveu
by me.

In execution of the powers so conveyed, the said Thomas F. Bayard,
William L. Putnam, and James B. Angell, in the month of November
last, met in this city the plenipotentiaries of Her Britannic Majesty,
and proceeded in the negotiation of a treaty as above authorized. After
many confercn 'es and protracted ettbrts an agreement has at length
been arrived at, which is embodied in the treaty which 1 now laj before
you.

The treaty meets my approval, because I believe that it supplies a
satisfactory, practical, and final adjustment, upon a basis honorable
and just to both parties, of the difficult and vexed question to which it
relates.

A review of the history of this question will show that all former
attempts to arrive at a common interpretation, satisfactory to both
parties, of the first article of the treaty of October 20, 1818, have been
unsuccessful ; and with the lapse of time the difficulty and obscurity
have only increased.

The negotiations in 1854, and again in 1871, ended in both cases iu
temporary reciprocal arrangements of the tariffs of Canada and New-
foundland and of the United States, and the payment of a money award
by the United States, under which the real questions in difference re
mained unsettled, in abeyance, and ready to present themselves anew
just so soon as the conventional arrangements were abrogated.

The situation, therefore, remained unimproved by the results of the
treaty of 1871, and a grave condition of affairs, presenting almost
identically the same features and causes of complaint by the United
States against Canadian action and British default in its correction,
confronted us in May, 1886, and has continued until the present time.

The greater part of the correspondence which has taken place be
tween the two Governments has heretofore been communicated to Con-
gress, and at as early a day as possible I shall transmit the remaining
portion to this date, accompanying it with the joint protocols of the
conferences which resulted in the conclusion of the treaty now sub
mittadtoyou.

You will thus be fully possessed of the record and history of the case
since the termination, on June 30, 1885, of the fishery articles of the
Treaty of Washington of 1871, whereby wo were relegated to the pro-
visions of the treaty of October 20, 1818.

THE FISHKUIES QUESTION.

129

ncgotiatioim
f Cauacla uiul

between tlie
I here, by vir
ily autliDrized

States, Will-
108 B. Ausdl,
of tbo United
iri'senting the
uf considering
iitins to rights
knd Newfound-
of the United
1(1 severally to
remises; audi
power so given

naa F. Bayard,
U of November
anuic Majesty,
horized. After
has at length
. now lay before

it it supplies a
basis honorable
jtiou to which it

that all former

lactory to both

818, have been

and obscurity

I both cases iu
[nada and New-
jfamoney awarO
fn difference re
lemselves anew
Fogated.
) results of the
^senting almost
by the United
In its correction,
h present time,
taken place be-
inicated to Con-
„ the remaining
)rotocol8 of the
rcaty now sub-

Itory of the case ]

1 articles of the

Lted to the pro-

Ah tlie docunientH and papers referred to will supply full information
of the positions taken under my administration by the representatives
ot the I'liited States, as well as those occupied by the representatives
of the (Jovernment of (rreat Britain, it is not considered necessary or
expedient to repeat tliem in this message. But 1 believe the treaty
will be found to contain a Just, honorable, and, therefore, satisfactory
Kohition of tlie ditlicnlties wliieli have clouded our relations with our
neighbors on our northern border.

^specially satisfactory do I believe the proposed arrangenu^nt will
he found by those of our citizens who are engaged in the open sea
lisiicries, adjacent to ^lie Cainulian coast, and reporting to those ports
and harbors under treaty provisions and rules of international law.

The proposed delimitation of the lines of the exclusive iislHiries from
the oonimon lisheries will give certainty and security as to the area of
tiicir legitimate field ; the headland theory of imaginary lines is aban-
(htned by Great Britain, and the specification in the treaty of ccruiin
named bays especially provided fer gives satisfaction to the inhab-
itants of the shores, without subtracting materially from the value or
convenience of the llshery rights of Americans.

The uninterrupted navigation of the Strait of Canso is expressly and
lor the lirst time affirmed, and the i'onf purposes for which our tisher-
men under the treaty of 1818 were allowed to enter the bays and har-
bors of Canada and Newfoundland within the belt of 3 marine miles are
I placed under a fair aaid liberal construction, and their enjoyment secure*!
without such conditions and restrictions as in the past have embar-
[nissed and obstructed them so seriously.

The enforcement of penalties for unlawfully fishing or ))reparing to
Ifish within the inshore and exclusive waters of Canada and Newfound-
hind is to be accompliKVed under safe-guartls against oppressive or
Liibitrary action, thus protecting the defendant fishermen t^om puuish-
|iiient in advance of trial, delays, and inconvenience and unnecessary ex-
jicnsb.

The history of events in the last two years shows that no feature of
|( anadian administration was more harassing and injurious than the
Icompulsion upon our fishing vessels to make formal entry and clearance
Ion every occasion of temporarily seeking shelter in Canadian ports and
lliarbors.

Such inconvenience is provided against in the proposed treaty, and
|tlii8 luost frequent and just cause of complaint is removed.

The articles permitting our fishermen to obtain provisions and the
ttrdiuary supplies of trading vessels on their homeward voyages, and
kinder which they are accorded the further and even more important
|)rjvilege on all occasions of purchasing such casual or needful pro-
visions and supplies as are ordinarily granted to trading vessels, are of
^leat importance and value.

The licenses which are to be granted without charge and on applica-
[ion, in order to enable our fishermeu to enjoy these privileges, are
psouable aud proper checks iu the hands of the local authorities to
jilentify the recipients and prevent abuse, and can form no impediment
|o those who intend to use them fairly.

The hospitality secured for our vessels in all cases of actual distress,
hth liberty to unload and sell aud transship their cargoes, is full and
fberal.

[These provisions will secure the substantial enjoyment of the treaty
pts for our fishermen under the treaty of 1818, for which contention
been steadily made in the correspondence of the Department ot
S. Ex. 113 9

130

TIIK FI8HERIK8 QUESTION.

State, uiid our minister at Lundoii, und by the Auieriuan iiugutiators
of the pruMinit treaty.

The rijjht of our tlHhcrnuMi under the trenty of 1818 did uot exttMul to
the procurement of distinctive tlshirry 8r.i)|>lieH in Cunmliau portN und
harborH*; und one item HuppoHed to Im^ eNHential, to wit, bait, wan phiinly
<lenied tluMU by tlie 4'xplicit and dertnito words of the treaty of IHlM,
enipluiNized by thecourH(>of the negotiation and exiiress deciHioiiH whicb
preiH'ded tiie (ronchision of that treaty.

The treaty now Hubniitted contains no provision affecting tariff (hi-
lies, and, intUipendentiy of tlie position assumed upon the part of tlie
Unili'd iStates tliat no alteration in our tarill' orotiier donuistic lefji-slii-
tion couUl be made as the price or consi<leration of obtaining the ri^htN
of our citizens secured by treaty, it was consi<b>red more exi)edient; to
aHow any cluin{,'e in the revenue hiws of the United btates to be uiadt'
by tlie ordinary exennse of ley;i.Hiative will, and in proiii<>tion of the
public interests. Therefore, the addition to the free list of flsh, llshoil,
whale and seal oil, et(^, recited in the last arti<;le of the treaty, is wholly
left to the ac'.tioi; ;yf ( ''ingress' and in connection therewith the Cana-
dian and Newfounitland right to regulate sales of bait and other flshiii;^
supplies within their own Jurisdiction is recognized, and the ri<j;ht of
our lisheriiiHU to freely purchsiKij these tliinns is made contingent, liy
this treaty, upon the action of Congress in the modiUcation of our taritl
laws.

Our social and commercial intercourse with those populations who
have been jilaced upon our borders an«l made forever our neighbors is
made apparent by a list of United States common carriers, maiiue hikI
inland, connecting their lines with Canada, which was returned by the
Secretary of the Treasury to the Senate on the 7tl> day of February,
1888, in answer to a resolution of that body; ami this is inst.^uctive as
to the great volume of mutually protitable interchanges which has
come into existence during the last half (ientury.

This intercourc is still but pa'-tially developed, and if the amicable
enterprise a.i<l wholesome rivalry between the two poiiulations be not
obstructed, the promise of thefuture is full of the fruits of an unbounded
prosperity on both sides of the border.

The treaty now submitted to you has been trained in a spirit of liberal
equity and reciprocal benefits, in the conviction that mutual advaiitajje
and convenience are the only permanent foundation of peace and friend-
ship between States, and that with the adoption of the agreement now
placed before the Senate, a beneficial and satisfactory intercourse be-
tween the two countries will be established so as to secure perpetual
p»;:tt e and harmony.

}u connection with the treaty herewith submitted I deem it also my
dvity to transmit to the Senate a written otter or arrangement, in the
nature of a modm vivendi, tendered after the conclusion of the treaty
on the part of the British plenipotentiaries, to secure kindly and peace-
ful relations during the period that may be required for the considera-
tion of the treaty by the respective Governments and for the enactment
of the necessary legislation to carry its provisions into effect if ap
proved.

Th'J paper, freely and on their own motion, signed by the British I
conferees, uot only extends advantages to our lishermeii, peuding the j
ratification of the treaty, but appears to have been dictated by
friendly and amicable spirit.

1 am given to understand that the other governments concerned in I

THK FISHERIES QUE8TI0N.

181

>rs, mill ine ami

tbiH tri'tity will, within a few duys, in nccordiiiice with their niethoilH of
(oiuiiictinK public buHinuss, submit suit! treuty to their respective \eg-
iHlutinvs, when it will be at once published to tlie worhl. In view of
sucii action it appears to be advisable that, by publication here, early
1111(1 tiill knowledffe of all that has been done in the premises should be
attbnU'd to our people.

It \voul<l also seem to be nseful to inform the poimlar mind con-
ccMiiiif,' the history of the long continued disputes growing out of
the subject embraced in the treaty and to satisfy the public interests
touching the same, as well as to acquaint our people with the present
Htivtusof the questions involved, and to give them the exact terms of
the proposed adjustment, in plt<ce of the exaggerated and imaginative
sinteiiicnlh which will otherwise reach them.

1 tlicreloie beg leave respectfully to suggest that said treaty and all
such correspondence, messages, and documents relating to the same as
may be deemed important to accomplish these purposes be at once made
i)ublic by the order of your honorable body.

OROVER CLEVELAND.

ExKciiTivE Mansion,

February 20, 1888.

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■-V i-v; *■; ■;

132

THE FISUEKIES QUESTION.

fit ■T:

1 Whereas difieiences liave arisen concerning the interjjretatiou

2 of Article I. of the Convention of October 20, 1818; the United

3 States of America, and Her Majesty the Queen of the United King-

4 dom of Great Britain and Ireland^ being mutually desirous of re-

5 moving all causes of misunderstanding in relation thereto, and of

6 promoting friendly intercourse and good neighborhood between

7 the United States and the Possessions of Her Majesty in North

8 America, have resolvec to conclude a Treaty to that end, and have

9 named as their Plenipotentiaries, that is to saj' :

10 The President of the United States, Thomas F. Bayard, Secre-

11 tary of State; "William L.Putnam, ofMaine; and James B.Angell,

12 of Michigan:

13 And Her Majesty the Queen of the United Kingdom of Great

14 Britain and Ireland, The Eight Hon. Joseph Chamberlain, M. P.

15 The Honorable Sir Lionel Sackville Sackville West, K. C. M. G.,

16 Her Britannic Majesty's Envoy Extraordinary and Minister Pleni

17 potentftiry to the Uuited States of America; and Six- Charles Tup-

18 per, G. C. M. G., C. B., Minister of Finance of the Dominion of

19 Canada ;

20 Who, having communicated to each other their respective Full

21 Powers, found in good and due form, have agreed upon the follow-

22 mg articles :

23 Article I.

24 Tho High Contracting Parties agree to appoint a Mi^ed Commis-
26 sion to delimit, in the manner provided in this Treaty, the British

26 waters, bays, creeks, and harbors, of the coasts of Canada and of

27 Newfoundland, as to which the United States, by Artic?e L of the

28 convention of October 20, 1818, between the United States and

29 Great Britain, renounced forever any liberty to take, dry, or cure

30 fish.

81 Article IL

32 The Commission shall consist of two Commissioners to be named

33 by her Britannic Majesty, and of two Commissioners to be named

THE FlSHElilES QUESTION.

133

34 by tlic President of the United State.--, witUoiit delay, after the

3,15 oxeliati^e of ratifieations of this Treaty.

36 The Commission shall n)eet and complete the delimitation as

37 soon as i^ossible thereafter.

38 J n case of the death, absence, or incapacity of any Commis> 'oner,
yd or in the event of any Commissioner omitting or ceasing to act

40 as such, the Prenident of the U. ited States or Her Britannic

41 Majesty, respectively, shuil forthwith name another person to act

42 as Commissioner instead of the Commissioner originally named.

43 , Articlk III. '-;";;'■■■■■ ' -^ :- .■ '.\,:- -•-\^'

44 The delimitation referred to in Article I. of this Treaty shall be

45 marked upon British Admiralty charts by a series of lines regu-

46 larly numbered and duly described. The charts so marked shall,

47 on the tern»ination of the work of the Commission, be signed by

48 the Commissioners in quadruplicate, one copy whereof shall be de-

49 livered to the Secretary of State of the United States, and three

50 copies to Her Majesty's Government. The delimitation shall be

51 made in the following manner, and shall be accepted by both the

52 High Contracting Parties as applicable for all purposes under Ar-

53 tide I. of the Convention of October 20, 1818, between the United

54 States and Great Britiiin.

55 The three marine miles mentioned m^ Article I. of the Conventioa

56 of October 20, 1818, shall bo measured seaward from low water

57 mark ; but At every bay, creek, or harbor, not otherwise specially

58 provided for in this Treaty, such three marine miles shall be meas-

59 ured seaward from a straight line drawn across *^'ie bay, creek, or

60 harbor, in the part nearest the entrance at the first point where
01 the width does not exceed ten marine miles.

C2

Article IV.

C3 At or near the following bays the limits of exclusion under Arti-

M cle . . of the Convention of October 20, 1818, at points more than

05 three marine n>iles from low water mark, shall be established by

CO the following lines, namely :

(m At the Bale des Chaleurs the line from the Light at Birch Point

68 on Miscou Island to Macquereau Point Light; at the Bay of Mira-

69 michi, the Hue from the Light at Point Escurainac to the Light ou

134 THE FISHERIES QUESTION.

70 the Eastern Point of Tabisiutac Gully ; at Egmont Bay, in Prince

71 Edv.ard Island, the line from the Light at Cape Egmont to the

72 Light at West Point ; and off St. Ann's Bay, in the Province ot

73 Nova Scotia, the line from Cape Smoke to the Light at Point

75 At Fortune Bay, in Newfoundland, the line from Connaigre

76 Head to the Light on the South- easterly end of Brunet Island,

77 thence to Fortune Head; at Sir Charles Hamilton Sound, the Hue

78 from the South-east point of Cape Fogo to White Island, thence

79 to the North end of Peckford Island, and from the South end uf

80 Peckford Island to the East Headland of Ragged Harbor.

81 At or near the foUowiug bays the limits of exclusion shall be

82 three marine miles seaward from the following lines, namely :

83 At or near Barrington Bay, in Nova Scotia, the line from the

84 Light on Stoddard Island to the Light on the south i)oint of Cape

85 Sable, thenoe to the light at Baccaro Point ; at Chedabucto and

86 St. Peter's Bays, the line from Craib^rry Island Light to Green

87 Island Light, thence to Point IC :'Ug>: , ikC Mira Bay, the line from

88 the Light on the East Point of Scatari Island to the North-eastcilj

89 Point of Cape Morien; and at Placentia Bay, in Newfoundland,

90 the line from Latine Point, on the Eastern mainland shore, to the I

91 most Southerly Point of Red Island, thence by the most Southerly |

92 Point of Merasheen Island to the mainland.

93 Long Island and Bryer Island, at St. Mary's Bay, in Nova 8ci>|

94 tia, shall, for the purpose of delimitation, be taken as the coasts |

95 of such bay.

9$ Abticlk V.

07 Nothing in this Treaty shall be construei' • Mvdude within tiiel

98 common waters any such interior portions c; - Piys, creeks, orj

99 harbors as can not be reached from the sea witl ' passing within

100 the three marine miles mentioned in Article I of the Convention of|

101 October 20, 1818.

.^^ ^_J|.._.:. ....--:.,■ -,;:,-:.

102 * - Article VI. . ,:

303 Th'> Commissioners shall from time to time report to each of the!

104 High Contracting Parties, such lines as they may have agreed!

105 upon, numbered, described, antl marked as herein provided, «iilij

106 quadruplicate charts thereof; which line, to reported shal' forth

115
116

121

THE FISHERIES QUESTION.

135

107 wiMi from time to time be simultaueously proclaimed by the High

108 Coutracting Parties, and be binding after two months from such

109 proclamation.

110 Akticle VII.

HI Any disagreement of the Commissioners shall forthwith be re-

112 ferred to an Umpire selected by the Secretary of State of the United

113 States and Her Britannic Majesty's Minister at Washington ; and

114 his decision shall be final. . ■

Article V^II.

Each of the High Contracting Parties shall pay its own Commis-

117 sioners and officers. All other expenses jointly incurred, in con-

118 i.ection with the performance of the work, including compensation

119 to the Umpire, sliall be paid by the High Coutracting Parties in

120 equal moieties. . ,:

Article IX.

122 Ifothing- in this Treaty shall interrupt or affect the free naviga-

123 tion of the Strait of Causo by fishing vessels of the United States.

124 Article X.

125 United States fishing vessels entering the bays or harbors re-
120 ferred to in Article I. of this Treaty sliall conform to harbor regu-

127 hitious common to them and to fishing vessels of Canada or of

128 Newfoundland.

129 They need not report, enter, or clear, when i)utting into such

130 bays or harbors for shelter or repairing damages, nor when put-

131 ting into the same, outside the limits of established ports of entry,

132 for the purpose of purchasing wood or of obtaining water ; except

133 that any such vessel remaining more than twenty-four hours, ex-
131 elusive of Sunday.! and legal holidays, within any such port, or
13ii communicating with the shore therein, may be required to report,
136 euter, or clear; aiul no vessel shall be excused hereby from giving
13? due information t'> boarding officers.

138 They shall not be liable in any such bays or harbors for com-

i 139 pulsory pilotage ; nor, when therein for the purpose of shelter, of

jUO repaiiing damages, of purchasing wood, or of obtaining water,

I HI shall they be liable for harbor dues, tonnage dues, buoy dues,

■i.

136

145

165

THE FISHERIES QUESTION.

142 light duos, or other similar due»; but this eiiiiuierutiou isball uot

143 permit other charges inconsistyut with tiu^ enjoyment of the lil).

144 erties reserved or secured by the Conveutiou of October 20, 1818.

Article XI.

146 United States fishing vessels enteiing the ports, bays, and har-

147 bora of the liJastern and Northeastern o^)asts of Canada or of the

148 coasts of Newfoundhmd under stress of weather or other casualty

149 aiay unload, reload, tranship, or sell, subject to customs laws and

150 regulations, all fish on board, when such unloading, transship-

151 ment, or sale is made necessary as incidental to repairs, and may

152 replenish outfits, provisions and supplies damaged or lost by (lis-

153 aster; and in case of death or sickness shall be allowed all need-

154 ful facilities, including the shipping of crews.

155 Licenses to purchase in established ports of entry of the afore-

156 said coasts of Canada or of Newfoundland, for the homeward voy.

157 age, such provisions and supplies as are ordinarily sold to tratliiig

158 vessels, shall be granted to United States fishing vessels in such

159 ports, promptly upon application and without charge; and such

160 vessels, having obtained licenses in the manner aforesaid, sliall

161 also be accorded upon all occasions such facilities for the purcha.se

162 of casual or needful provisions and supplies as are ordinarily

163 gr.iuted to the trading vessels ; but such ^irovisions or supplies

164 shall not be obtained by barter, nor punihased for re sale or traffic.

Akticle XII.

160 Fishing vessels of Canada and Newfouudhiiid shall have on the

167 Atlantic coast of the United States all the privileges reserved

168 and secured by this Treaty to United States fishing A'^essels in the

169 aforesaid waters of Canada and Newfouiulland.

170

Article XIII.

171 The Secretary of the Treasury of the United States shall make

172 regulations providing ibr the conspicuous exhibition by every

173 United States fishing vessel, of its oflicial luunber on each oow;

174 and any sudi vessel, required by law to have an official number,

175 and failing to comply with such regnlation.s, shall not be entitled

176 to the licenses provided for in tln.s Treaty.

THE FISHERIES (QUESTION.

137

177 Such regulations shall be commuuicated to Her Majesty's Gov-

178 ernment previously to their taking eflfect.

179

A.RTICLE XIV.

180 The penalties for unlawfully fishing in the waters, bays, creeks,

181 and harbors, referred to in Article I of this Treaty, may extend to

182 forfeiture of the boat or vessel, and appurtenances, and also of the

183 supplies and cargo aboard when the oftense was committed ;

184 and for preparing in such waters to unlawfully fish therein, penal-

185 ties shall be fixed by the court, not to exceed those for unlawfully

186 fishing; and for any other violation of the laws of Grf>9t Britain,

187 Canada, or Newfoundland relating to the right of ashery in such

188 waters, bays, creeks, or harbors, penalties shall be fixed by the
1 189 court, not exceeding in all three dollars for every ton of the boat

190 or vessel concerned- The boat or vessel may be holden for such

191 penalties and forfeitures.

192 The proceedings shall be summary and as inexpensive as prac-

193 ticable. The trial (except on appeal) shall be at the place of de-
1 194 tention, unless the judge shall, on request of the defense, order it

195 to be held at some other place adjudged by him more convenient.

190 Security for costs shall not be required of the defense, except

1197 when bail is offered. Reasonable bail shall be accepted. There

198 shall be proper appeals available to the defense only ; and the

1 199 evidence at the trial may be used on appeal. , ? ; i !

10 Judgments of forfeiture shall be reviewed by the Governor-

|201 General of Canada in Council, or the Governor in Council of

202 Newfoundland, before the same are executed.

203

Article XV.

1 201 Whenever the United States shall remove the duty from fisb-
1205 oil, whale-oil, seal-oil, and fish of all kinds (except fish preserved
in oil), being the produce of fisheries carried on by the fishermen
of Canada and Newfoundland, including Labrador, as well as
from the usual and necessary casks, barrels, kegs, cans, and other
usual and necessary coverings containing the products above niou-
tinned, the like products, being the produce of fisheries carried on
|211 by the fishermen of the United States, as well as the usual and
pl2 ueoessary coverings of the same, as above described, sliall be ad-

1207
[208
[209
|210

138

THE FISHERIES QUESTION.

213 mitted free of duiy into the Dominion of Canada and ?" wfound-

214 land.

215 And upon such removal of duties, and while the aforesaid ar

216 tides are allowed to be brought into the Fnited States by BritiHh I

217 subjects, without duty being reimposcd thereon, the privilege of

218 entering the ports, bays, and harbors of the aforesaid coasts of

219 Canada and Newfoundland shall be accorded to United States

220 fishing vessels by annual licenses, free of charge, for the follow- 1

221 .ing purposes, namely :

222 1. The purchase of provisions, bait, ice, seines, lines, aiul all ]

223 ther supplies and outfits ;

224 2. Transshipment of catch, for transport by any means of con

225 veyance ;

226 3. Shipping of crews.

227 Supplies shall not be obtained by barter, but bait may be so |

228 obtained.

229 The like privileges shall be continued or given to fishing vessels I

230 of Canada and of Newfoundland on the Atlantic coasts of the I

231 United States. '

.232 Article XVI.

233 This Treaty shall be ratified by the President of the United I

234 States, by and with the advice and consent of the Senate ; and by

235 Her Britannic Majesty, having received the assent of the Parlia
230 ment of Canada and of the Legislature of Newfoundland ; and!
237 the ratifications shall be exchanged at Washington as soon i
23S ])0S8ible.

239 In faith whereof, We, the respective Plenipotentiaries, bave|

240 signed this Treaty, and have hereunto affixed our seals.
2^ Done in duplicate, at Washington, this fifteenth day of Feb^j

242 ruary, in the year of our Lord one thousand eight hundred and|

243 eighty-eight. , *;, „ .

244 ^ T. F. BAYAKD. [seal.]

245 ^ ^ , WILLIAM L. PUTNAM. [seal.]

246 ' I; JAMES B. ANGELL. [SEAL.]

247 i ■( J. CHAMBERLAIN. [SEAL.]

248 ' " L. S. SACKVILLE WEST. [SEAL.]

249 CHARLES TUPPEK. [seal.]

and ?" wfound-

THE FISHERIES QUESTION.

I.

PROTOCOL OF FISHERIES CONFERENCE.

139

b bait may be so

Washington, November 22, 1887.
The Fisheries Conference haviufj formally met, the Full Powers of the
[plenipotentiaries were exhibited and found to be in good and due form,
I us follows :

(iROVER Cleveland, President of the United Slates of America. To
all to whom these presents shall come, Greeting :

Know ye that, reposing special trust and confidence in the integrity
and ability of Thomas F. Bayard, Secretary of State; William L. Put-
niun, of Maine; and James B. Angell, of Michigan; I hereby invest
tlii'iu with full power Jointly and severally, for and in the name of the
United States, to meet and confer with Plenipotentiaries representing
tlio Government of Her Britannic Majesty, for the purpose of consider-
iuff and adjusting in a fri, idly spirit all or any questions relating to
)ii;lits of lishery in the seas adjacent to British North America and
Newfoundland which are in disjjute between the Government ot the
Tiiited States and that of Her Britannic Majesty, and any other ques-
tions which may arise and which they may be authorized by their re-
spective governments to consider and adjust; and 1 also fully em-
|iouer and authoriz*^ the said Thomas F. Bayard, William L. Putnam,
;iii(l James B. Angell, jointly and severally, to conclude ami sign any
treaty or treaties touching tlie premises, ibr the final ratification of the
I'resident of tlie United States, by and with the advice and consent of
the Heiiiite. if su(;li advice and consent be given.

In testimony whereof, 1 have caused the seal of the United States to
bi' liereuiito affixed.

(liven under my hand at the City of Washington this eighteenth
(lay of November, in the year of our Lord one thousand eight
[seal. J hundred and eighty-seven, and of the Independence of the
United States, the one hundredth an<i twelfth.

GRO^^ER CLEVELAND.
By tlie President:
T. P. Bayard,

Secretary of State.

Victoria R. & I. ViGtoriu, by the Orace of God, of the United King-
\dnm of Great Britain and Ireland, Queen, Defender of the Faith, Empress

o/Inrf/Vf, tfcc, cC'C, d'C., To All and Singular to whom these Presents shall
\c(mc, Greeting !

Whereas for the purpose of considering and adjusting in a friendly
[spirit with Plenipotentiaries to be appointed on the part of Our Good

Friends The United States of America all or any questions relating to
[liKlits of Fisheiy in the seas adjacent to British North America and
pewtouiidland which are in dispute between Our Government and that

I't' Our said Gootl Friends, and any other questions which may arise
jwliieii tlie resi)ective Plenii)otentiiuies may be authorized by their Gov-
lemments to consider an<l adjust, We have judged it expedient to invest
[tit persons with Full Power to conduct on Our part the discussions iu

140

THE FISHERIES QUESTION.

I" 'if ''^ !

this behalf. Knew Ye therefore that We, reposinfj; cspeeial trust iini)
conlldeiiee in the wisdom, loyalty, ililigence, and circiiniNpecition ofOnrj
Ki^'ht TriiKty and Well beloved Otuincillor .loseph ('haniberlain, a iMeni.
ber of Our Most Honorable Privy Coun<;il, and a Ai.rnber of Parliaiiiiin,
&e., &c.; of ('".ir TriiHty an<l Well beloved The Honorable Sir Lionel
Saekville Saekville West, Knight Commander of Our Most Distin |
{,'nished Order of St. IMicliael and St. (xeor<;e, Onr Envoy Extraonli
nary and Minister Plenipot«'ntiary to (Jur said Good Friends tli^l
United States of America, &e., &c., and of Our Trusty and Well ht.
1 )ved Sir Charles Tuiiper, Knif,'ht Grand Cross of Onr Most Distin
jjuished Order of St. Michael and Sr. Georye, Com])anioii of Our Most I
Honorable Order of the liath, Minister of Finance of the Dominion |
of Canada, &c., &c., have named, made, constituted, and apitointcd,
as We do»by these Presents name, make, constitute and appoint tliemi
Our undoubted Plenipotentiaries: Giving to them, or to any twoiif|
theta, all manner of i>ower and authority to treat, adjust, and concluilt,
with such plenipotentiaries as may be vested with similar i)oweruuill
axithority on the part of Our Good Friends The United States of
America, any Treaties, Conventions, or Ajj^reenients that may teiiiltu
the atti'inment of the above-mentioned end, and to sifjn for Us and
in Our Name, everything so agreed upon and concluded, and to do and
transact all such other matters as may a])pertain to the tinisliingof tlic
aforesaid work in as ample manner and fonn, and with eipial force and
efficiency as We Ourseh'es could do if Personally present: Engaj,'ini;
and i>romisiiitr upon Our Royal Word that whatever things shall ItesJ
transacted and concluded by Our said Plenipotentiaries shall be af^reed
to, acknowledged, and accepted by Us in tlie fullest manner, and thai|
We will never snfler, e.cher in the whole or in part, any person whatso
ever to infringe tlu? same, or act contrary thereto, as (ar as it lies in Oiirl
Power. Jn witness whereof We have caused the (h-eat Seal of Our
United Kingdom of Great IJritain and Ireland to be aflixed to tliew
Presents which We have signed with Our IJoyal Ilan<l. Given at Our
Court at IJalmoral the twenty-fourth day of ()crober in the year of ()iir|
T ord one thousand eijj;ht hundred and eighty-seven, and in the tiftv
irst year of Our Reign.

The Rritish Plenipotentiaries proposed that Mr. Bayard, Secretiuj]
of State of the United States, should preside.

Mr. Bayard, while expressing appreciation of the j<roj)Osal, stated
the opinion, in which the other United States Plenipotentiaiic^
(concurred, that it was not necess; ry that any one should preside: aiid[
the proi)osal was permitted to rest.

.Mr. John B. Moore, Third Assistant Secretary of State of the United
States, acting as Secretary to the United States Plenipotentiaries, audi
Mr. ,]. U. G. Bergne, C. M. G., Superintendent of the Treaty Depart |
ment of the British Foreign Ollice, acting as secretary to the British
Plenipotentiaries, were reciuested to make th^ Protocols of the Coiifer
ence.

After some discussion of questions before the Conference, it was ad
journed to 12 o'clock m. of the 28th of November.

THE FISHERIES QUESTION.

141

iiyavd, Sccn'tiiin

PROTOCOL.

Tbo treaty having been signed by tlio British Plenipotentiaries de-

diro to state that they have been considering the position which will be

ciTiited by the immediate commencement of the fishing season before

Itlic Tieaty can jiossibly int ratifle<l by the Senate of the United States,

jy the Parliament of Canada, and the Legislature of Newfoundland.

lu the absence ol such ratilication the old conditions which have given
rise to 80 mu(;h friction and irritation might be revived, and miglit iii-
tcrt'ero with the unprejudiced consideration of the Treaty by the legis
l)<itive bodies concerned.

Under these circumstances, and with the further object of attbrding
evidence of their anxious desire to promote good feeling and to remove
nil ])ossible subjects of controversy, tlie British Plenipotentiaries are
Irciwly to make the following temporary anaugement for a period not
L'X(tetMlJng two years, in order to afford a ^'^ modus vivendi'" pending the
Ratilication of tlie Treaty.

1. For a period not exceeding two years from the present date, the
privilege of entering the bays and harbors of the Atlantic coasts of
Jaiiada and NewtVmndland shall be granted to United States fishing
tesselH by annual Licenses at a fee of $1^ jter ton — for the following
purposes :

The i)urcliase of bait, ice, seines, lines, ;iud all other supplies and
biittits.
Transshijunent of catch and shipping of crews.

2. If during the contiiuiance of this arrangement, tiie United States
kliouhl remove the duties on lisLi, fish-oil, whale and seal oil (and their
poveriugs, packages, &c.,), the said Licenses shall beissued freeof charge.

.1. United States fishing vessels entering the bays and harbors of the
Atlantic coasts of Canada or of Newfoundland for any of the four pur-
boses mentioned in Article L of the Convention of October 20, 1818,
kiid not remaining therein more than twenty-four hours, shall not be
te(|uired to enter or clear at the custom house, providing that they do
pot conmuinicate with the shore.

4. Forfeiture to be exacted only for the off"ences of fishing or prepar-
ing to fish in territorial -waters.

5. This arrangement to take effect as soon as the necessary measures
ftii be completed by the Colonial Authorities.

J. CHAMBERLAIN.
L. 8. SAOKVILLE WEST.
CHARLES TUPPEE.
Washington, February Vifl^^,

'n:f :t

142

THK PIBHERli ^ QUB8TIOM.

PROTOCOL.

The American Plenipoteotiaries having received the conimunicatioDl
of the British Plenipotentiaries of this date conveying their plan for
the administnitiou to be observed by the Governments of Canada and
Newfoundland in respect of the Fisheries during the period whicb
may be requisite for the consideration l>y the Senate of the Treaty
tbis <h>y signed, and tlie enactment of the legislation by the respect
ive (jrovernmeuts therein i)ropo8ed, desire to express their satisfaction |
with tills manifestation of an intention on the part of the British I^ieiii
poteutiaries, by the means referred to, to maintain the relations of good!
neighborhood between the British Possessions in North America and
the United States ; and they will convey the commuiiicatir i of the Brit
ish Plenipotentiaries to the President of the United btates, witliaj
recommendation that the same may be by him made known to the Sen
ate for its information, together with the Treaty, when the latter is sub |
mitted to that body for ratiticatiou.

T. F. BAYARD.
WILLIAM L. PUTNAM.
JAMES B. ANGELL.

WOfahingtonf February 15, 1888.

■I ■

Vl^-'

,\\'.>:': i'^y.

T?*»i'-^;^-

House Ex. Doc. No. 84, Forty-sixth Congress, second session.

ALLEGED OUTEAGE AT FORTUNE BAY, NEWFOUNDLANn.

MESSAGE

FROM TIIK

PRESIDENT OE THE UNITED STATES,

TUAXSMITTINO,

r *i '.: ■

In compliance with a resolution o/tht House of hcprescntativcs, the corre-
spondence with the Government of Great Britain i,;, regard to the alleged
outrage vpon American fishermen at Fortune Bay, Newfoundland.

May 17, ISSO. — Uoferrod to tho Coiuiuitteo ou Foroi;;ii Ad'airs and ordered to bo prin ted.

To the House of Representatives :

In compliance with the resolution of the House of llepiesentatives of
[thii I'Ttli ultimo, calliii}? for coi)ies of the correspondence with the Gov-
Ui'iiint'iit of Great Britain in regard to the alleged outrage upon Amer-
ican liflu'imen at Fortune Bay, in the province of Newfoundland, I
tiaiisiiiit herewith the correspondence called for, and a report from the
[Sccn-tary of State on the subject.

Ill tninsinittiug this correspondence and the report, I respectfully ask
|tlie iiniuediato and Cfireful attention of Congress to the failure of accord
Ix'twcen the two Governments as to the interpretation and execution of
jtlie tisliery articles of tlie treaty of Washington, as disclosed in this cor-
jresiioiHlence and elucidated by the exposition of the subject by the Sec-
jretaiy of State.

1 (toiicur in the opinions of this report as to the measures proper to bo

[taken by this Government in maintenance of the rights accorded to our

ilislicinien by the British concession of the treaty, and in providing for

Suitable action towards securing an indemnity for the injury these in-

itercsts have already suffered.

Accordingly 1 recommend to Congress the adoption of these meas-
ures, with such attendant details of legislation as iu the wisdom of Con-
gress shall seem expedient.

R. B. HAYES.
Washington, May 17, 1880.

143

nr

144

ALLEGED OUTUAGE Ul'ON AMEKICAN

lEUMEN.

"if '' ;'

N'-'"

Department of State,
Watihingtun, May 17, 1880.
To the President ; .

The Secn'tiuy of State, to whom wore rcforrod tlio rcHolntion of the
House of Keprt'Hontatives of the 27th of April, ultimo, requestiuf,' the
rresident, "if not incouHistent with the jiuWUc interest, to transmit to
tliis I louse copies of all corresponcU'iHie, not now cominuni(!ate<l, witli the
English Government relating to tlie alleged interferenee witii American
fishermen in Fortune Bay, on theOth of January, 1878," ami a resolution
of the Senate of the 28th of the same month on the same sul>jt;(!t, lias
the honor to lay before the President the corres|)oiidon(!e as calhid lor,

In connection with these papers, and for the better understanding of
the subject to which this correspc idence relates, [ submit for your con-
sideration the valuable report of Collector F. J. Babson and Allrcd 1),
Foster, esq., of their visit on board the naval steam-ship KearHitrtfc to the
provincial inshore fisheries under the instructions of the Depiirtiiient
(luring the sunimer of last year, as well as their instructions under
which this cruise of the Kcarxarge was i)lanned. This correspondence
with the British (Jovernment, and this intelligent exposition of tlie
attempted exercise by our fislu^inen of the freedom of the inshore fish
eries as secured to them by the treaty of Washington, whoso violent
interruption gave occasion to this disiuission between the two govcni'
ments of the true measure of this treaty right, will, it is believed, with
the record of the proceedings of the Halifax commission, and the cor I
respondence and protest which preceded and attended our payment of |
the award, furnish complete materials upon which the judgment of CoU'
gress can bo formed and its action determined in the juncture of thisi
fishery contention now demanding its serious consideration.

The very grave occurren(!e at ' une Bay in January, 1878, was I
brought by me to the attention of 'British (lovernment: in March of
that year, with the view of obtaii....„ tedress for our fishermen for the
gross violence and'serious loss they suffered in their expulsion from this
inshore fishery which they were i>rosecuting under the treaty of Wash
ingtou. The reply of the British Government did not reach me until
September 4 of that year. It disclosed possible grounds for the rejection
of our claims which put uimmi our rights in the inshore fisheries such
limitations of subserviency to British provincial or imperial legislation!
as seemed to me wholly inadmissible. These grounds were thatourl
fishermen were pursuing their industry on Sunday, contrary to a law of I
Newfoundland, passed subsequent to the treaty of Washington; that!
they were using seines to take herring, contrary to a law of Newfound[
land proscribing that method of fishing for the six months of theyearj
between October and April; that they were using such seines in ainanf
ner prohibited at any season of the year by a statute which precludcdj
catching herrings by means of seines "except by way of shooting anil|
forthwith hauling the same."

In communicating the report of the evidence which was intended toj
show the time and manner at and in which our flsherme.i were pursuinjl
their right, as a justification for their interruption in it, Lord SalisburTl
observed: "You will perceive that the report in question appears toj

■ demonstrate conclusively that the United States fishermen on this occa [
sion had committed three distinct breaches of the law." To this intiina I
tion, even, that the freedom of the fishery accorded by an imperial trcatjl
either had been subtracted by past or could be curtailed by future pi*!
vincial legislation, I lost no time in oi)posing an explicit and uncondif

■ tioual rejection of such an interpretation of the treaty. lu a dispatclij

■';'■ ' t

MKN.

ALLEGED OUTRAGE UI'ON AMERICAN FISHERMEN.

145

State,
fay 17, 1880.

iolution of the
requestiiifj the
to transmit to
mited, with tlie
with AnuMican
11(1 a resolution
ne sul))ei!t, 'las
« as calUnl lor,
nU'rstaiulinfjof
lit for vourcou-
ami Alfred 1).
fve(jr««»Y/6' to tliB
he Department
•ructions under
correspondence
position of the
;lie inshore flsli
1, whoso violent
the two govern-
s believed, with
)n, and the cor-
our payment of
Lidsment of Con-
juncture of tbis
ition.
I nary, 1878, was
lent in March o(
ishermen for the I
.)ulsion from tliij
treaty of Wash
it reach me until
for the rejection
•e fisheries snch
)erial legislatioDi
ds were that our
[trary to ahiwof
ashington; tbai
[xw of Newfoiuul-
[Uths of the year
seines in a man- 1
which precliKledl
of sliooting anil

Was intended to

1.1 were purauin?

[, Lord Salisbury
stion appears to|

Inen on this occa

To this iutinia-

lii imperial treatvl

f(l by future ])»

sit and uncomlil

lu a (lispatcli

to Mr. Welsh, on the 28th of September, I commuuicuted to the British
Oovernineut the views of this Governiueut, as follows:

Id thiH cuHorvution of Lord SnliHhiiry thia Oovoriimeiit cuniiot fail to non n necoH-
wiry implication that IK>r MttjcHty's Govurninout conceivus that in tho pro.swiitioii of
tiiti riniit oftlHliiun acconUid to the lliiitod StutcH Uy Article XVHI of the tni;ity, our
liHlit)riiii'>n lire Hiibject to tho loual ro(;iilatioiiH which govern the coiiNt i)0|iiilutioii of
Nt)wriiiiii"lliiiiil in their pro8ecntion of their tiHhiu^ indiiHtry, whatever thono rej;ula-
tidiiH itiiiy •>•'( "»<l whether enacted before or since tho treaty of WuHhiiitjton.

Tii« tlirie particulars in which our tlMliernkeu are stip])osed to lie couHtrained liy
iictiml Itfjlslationof the province cover iu principle every decree of rejjnlation of onr
IJHliiiij; iii<lii-'*try within the tliree-niile line which can well bo c«)nccived. JJnt they
iirc ill tliiMnHelves ho important and so serious alinutation of the riKlitN'se(Mired by tlie
trciity iiH practically to exclude our tishermen from any protitable pursuit of tho ri^ht,
wiiicli, I need not add, is equivalent to annulling or canceliuKt by the provincial
m)V(Tiiiiieut, the privilejfe accorded hy the treaty with the British Government.

If (lur liMhinK-lleet is subject to thn Sunday laws of Newfoundland, made for tho
(iiiist poi)ulation ; if it is excluded from tho tishing-grounds for half the year, from
j Octolmr to April; if our "seines and other contrivances" for <ratciiin>; lish are subject
to till) le^^ulatiuns of the le^rislaturo of Newfoundland, it is not easy to see wliat lirm
I or vnhialile mea-sure for the privihige of Article XVIII as conceded to the United States
tiiiH'dovernnient can promise to irs citizens under tlie (fiiiirantee of the treat}'. It
I would not under any circumstances be admissible for one jroveriiinent to subject the
hierHoiiH, the property, and the interests of its iiHherineu to the unref;;nlated regulation
luf nnotlirr govern<iu-nt upon the snggestioa that hi\.i\ authority will uot be oppress-
lively or capriciously exercised, nor would any government acc(tpt, as an ade<|uate
Igiiiirai'ti'e of the proper exercise of such authority over its citizens by a foreign gov-
li'mmuiii that, t)i'esumptively, regulations would be iinif<Tni in their operation upon
'the Niibjt'cts o!' both goverDiiiouts in similar case. If there are to be regulations of a
Icoiniiioii e >,j<iymeut, they must bo authenticated by a common (u- joint authority.

But iiioHt manifestly the subject of the regulation of the enjoyment of the'shoro
|(i»li«ry l)y the resident provincial population, and of the inshore iishery by our fleet of
ItixliinK (TiiiHcrs, does n<>t tolerate the control of so divergent and competing interests
liiy tlie domestic legisla* on of ' 'lo provinces. Protecting and nursing the domestic in-
Ifrrcst at tho expense of the oign interest, on the ordinary motives of human cou-
idiii't, necessarily shape and .uiimate the local legislation. The ovidence before the
lliulirax commission makes it obvious tha^ ts c::''.ludo our fishernion from catching bait,
land thus compel them to go without bait, or bny bait at the will and price of the
Ipruviiiciiil tishermen, is the interest of the local tishermen, and will ho the guide and
luioti\ (> of such domestic legislation as is now brought to the notice of this government.
[ You will therefore say to Lord Salisbury that this government can not but express
Its eDtirt) dissent from the view of the subject that his lordship's note seems to indi-
cate. This government conceives that the fishery rights of the United States, con-
jceded hy the treaty of Washington, are to be exercised wholly free from the restraints
(nrt leiju.'ations of the statutes of Newfoundland^ now set up as authority over our
Bshcniion, and from any other regulations of fishing now in force, or that may here-
ifter be o^acted by that government.

It may bu said that a just participation in this common fishery by tho two parties

kntitled th-jreto may, iu the common interest of preserving the fishery and prevent-

liigconflictn between the fishermen, require regulation by some competent authority.

Tliiit may be conceded; but should such occasion present itself to the common appro-

blatioii of till) two governments, it need not be said that such competent authority can

pnly bo found in a joint convention that shall receive the approval of Her Majesty's

Bovernmout and our own. Until this arrangement shall be consummated, this gov-

krmnent must regard the pretension that the legislation of Newfoundland can regu-

ato our fishermen's enjoyment of the treaty right as striking at the treaty itself.

It asserts an authority on one side and a submission on the other, which has not

been proposed to us by Her Majesty's Government, and has not been accepted by this

lovernmcnt. I can not doubt that Lord Salisbury will agree that the insertion of

Iny such el 3meiit in the treaty of Washington would never have been accepted by

Ibis i;overninenv, if it could reasonably be thought possible that it could have been

Iroposed by Her Majesty's Government. The insertion of any such proposition by

onstruction now is equally at variance with the views of this government.

The representation made to this government by the interests of our citizens affected

bve no room to doubt that this assertion of authority is as serious and extensive in

Ir'.ct'cal relationn as it is in principle. The rude application made to the twenty

lewis in Fortune Bay, of this asserted authority, in January last, drove them from

p profitable prosocution of their projected cruises. By the same reason the entire

pbore fishery is held by us upon the same tenure of dependence upon the Parliament

^ the Dominion or the legislatures of the eeveral provinces. «

• • • *» « *

S. Ex. 113 10

14G

ALLEGED OUTRAGE UPON AMEUICAN FISHERMEN.

lu the opinion of this Government, it ia essontial tliat we slioulil at onco invito tin
iiltintion <)(■ Lord Salisbury to t'.o qucHtion of provincial control over the tiBluuinen of
llie United Htates in tlKsir prosecution of the privilege aicnred to them by the treaty.
Ho Ki'iive a (iiii'Ntion, in its liearinj; -.ipon the ooIij;!>tioiiH of this Government nnrturtlie
treaty, makes it nticessary that the President should ask from Iler Majesty's Gov.
ernment a frank avowal <.i disavowal of the ))aranu)nnt authority of i)rovincial legij.
laton to re;;ulate the enj(>yment by our i>eoi)lo of the inshore fishery, which seems to
be intinuited, if not asserted, in Lord Salisbury's not»\

Before the receipt of a reply from Her Majesty's (Jovei nment, it would be i)reniature
to consider what should be tlie course of this Ciovcrninent should this limitation iipun
the treaty jtri vilejjes of the United States bo insisted upon by the British Govcrumciii
as their construction of the treaty.

ill answer to thin u'nequivocjiil preseiitatioii, both of tbe freetloiii ot'tlie
tisliery as this Govcnuiient iiiteipretoti the coticessioii of the treaty, and
ot the absohire suppression of this treaty ri^ht, as a matter of practical
value to oiir lishennen by this actual provincial lef-islation, Lonl Sails
bury replied with less distiiKitness, no doubt, but yet in a sense wliiclil
could not but regard as disdainnng any rif;ht to qualify the treaty by
municipal lefiislatioii previous or siibsetiuent to its date. Afteriiitl I
uniting a dissent from the doctrine, if I had intend«!d to assert it, "that
no IJritisli authority has any right to pass any Mud of law biiuliug
Ameiicans who are tishing in IJritish waters," Lord Salisbury says:

On the oth;'r hand, Ih^r Majesty's (Joverntnent will rerdily admit what is, iiuU'id,
(■elf-t!videiit, that British sovereignty, as ngards these matters, is limited in iisHfopel
by the enyagements of th^^ 'I'leaty oi' Washington, which can not be modi'icil oraf-
ietite.i by any inuni('i|ial U-gislation. 1 can not anticipate that with n^gard totlicnel
l»rincii)leH, iiny dift'erencc* will lie found to exist lietwecn the views of tins two Govcmi-
meuts. If, however, it im admitted that the Newfoundland legislators have the ri^lit I
of binding Americans who (ish within their waters, by any laws which do not contra-
vene existing treaties, it mi'Ht further be considered that the duty of <leterininin|,' tlie
«'xistence (if any such coniravcnlion must be undei.akcn by th>' GovernnientH, and [
can not lit< remitted to the discretion of each individual fisherman, for sticii a discn-
tion, if exeieised on one side, ciin hardly be refused on the other. » » « |||[|
Miijesty"s (loverniiient iu'efer the view tiiat the law enacted by the legislature of tlwl
conulrv, whatever it may be, ought to l)e obeyed by natives and foreigners alike wlw I
are sojourning witliin the ti'rritiuial limits of its jurisdiction, bnt that if a lawbflil
been inadvertently passed which is in any degree or resptjct at variance wit li rijjhis I
confevred on a loreign power by treaty, the correction of the mistake as committed, I
at the earliest period after its existence shall have been ascertained and recognized, is I
a nnitterot iiiternntionai obligation.

This dis|)atcli was receivevl by me in November, and on the 23d of I
same month the {)ayment of the award of the Halifax Commission wasl
made at the date provided in the treaty. The further consideration ofj
the Fortune Bay claims seemed to require only the veritica*^ion of the I
facts on the part of oui claimants, so far as they were drawn in questloiil
by, or were at variance with, the rejtort made to the British GoverinueDtl
by its olHcers, and the communication to that Government of the rcstiltsl
as linaily insisted ui)on by us as the basis and measure of our claim8,[
The corresiK;ndence called for by Congiess and now submitted, shows tliel
entire rejection of the claims on the grounds set forth in Lord Salisburj's|
dispatch of the .'id of April last.

Before considering the main proposition of the British GovernineiitJ
by which a direct and flat denial of the freedom of the inshore lisberlesj
as claimed by this Government is interposed, t need to bring to atteDj
tion two subordinate pretensions of Lord Salisbury's dispatch intendedj
to fortify his main proposition.

It appeared that in the iuanagement of one, at least, of the seines atl
Fortune Bay our fishermen had used the strand for a temporary servicoj
in the process of inclosing the school of herring within the seine. Thill
incident in the operation, in the original correspondence as in the trans^j
a^tiou itself » merp subordioate feiityre of tHe process yf scioing cowl

iMEN.

ALLEGED OUTliAGE Ul'ON AMERICAN hlSIIERMEN.

147

it once invito tie
r t he tishminen o(
em by the treaty,
rniiMMit uudtTtlie
if Majesty's Gov-
fprovineial lt'j,'is.
y, which seems to

)iihl bo j»rcnmtiire
is liiiiitatioii upun
ritish Goverumeiii

I freedom of the
tlio ti'eaty, and
iter ot" practical
ion, Lord Sulis
a sense whidil
y tlie treaty by
tte. After inti-
assert it, "tliati
of law biiuliug
isbury says:

lit wliat is, iink'i'd,
limited in il^s8t'npe|

1)0 uunli'ied eraf-
itli refjard to tin* \
ot the t\v«) GdVKii-
itors have the rijflit
iiich do not contra-
of detormiiiiii>,'tlic

Goveruiiieiits, mid
11, for such a discn-
her. * • * Hit

0 legislature of tk
oroignoi's alike wlio I
t th<it if a law \m\
iirianco with v\^\\\i\
itako as coinniitted,!

1 and recognized, is I

in the 23a of the I
Innnnission was!
Icousideratioii ofl
iritlca^ion of tlie|
•awn in question
ish Govermuentl
?ntof theresiiltsl
-e of our claiinsJ
litteil, shows the!
lOrd Salisbury'sj

^h GoverumeiitJ
inshore tislierie«|
[y bring to attenf

spateh intendeij

of the seines al|

jmporary serviMJ

the seine. Thi!!

as in the tnm

lof seining m

nliiiiie('. of, is ''ow made prominent in the dispatcdi of Lord t^-alisbury.
Tiii'ie l.i'iiij, no aUegaticu that this use of tlio strand violates any pro-
viiidal rej^idation of the fisheries, the point is made that the freetloin of
tlio naileries accorded by tlio treaty itself, in terms, excludes our lisher-
ineii from tliis incidental use of the strand in the process of takin;? fish
by seines. A true interpretation of the treaty (loncession .t:;ives no su|)-
nort to tliis |)retension. The concession of fishiiif^: is -'to take lish ot
evcj'v kird, except shellfish, on the sea coasts and sir v.v, iiiid in the bays,
li.iihor.s, and creeks of tlic i>rovincea * *, with*. ill beiii}^' restri(;ted
I to any distance from the shore." Besides this <'«)n<'essioiM>f lisliiiiff,
wiiidi manifestly (iovers the use of the strand in tli<' process of talcimi
i lish, 11 fiutlier p( rmisti(jn to land upon the coasts ami sliores is coiicedecl
|t() oiu' iisliermen for the independent purpose of iisinj; the land for
'diyiiij,' their nets and c»:rin}; their fish."
Tlic contention seems to be that because specifu; permission to use the
lliiiid for purposes nj)t iiiduiled in f'c process of ''takiii;^' lish "is }>iven
ill tenns, therefore the iise of the strand in the process of "takiiij-- tish"
iscicliuled, thoui;h in the nature of tl»e i)rocess of taking lisli the tem-
poiaiy use of the strand in nuinaginp- tiie seines is a part of inshore lish-
i<;. Tiiis faulty reasonin<f is not helped at all by tlu^ proviso of tiui
jtivaty, that our Iisliermen, in nsinf?t!ieir rij^fhton shoie, shall not "inter-
fore with the rifjhts of privatis property or witii Hrifish (ishennen in tlie
piiiceable use of any part of the said coasts in their occupancy for thc^
8;iiiie ijni])ose." If this proviso does not incliule the use of the stran<l
ill takiiijj: fish, it does not qualify the lishinjjf concession. If it does in-
jcliulc tiiat use of the strand, then it construes such use as within the
Ilisliiiig; (loiKM'ssion, and (pialities it by the observance of pii vate proi)eity
oil siiore and noninterference with British fishermen using the strand
Jill their fi.>'hing.

Lord Siilisbiiiy's reference to the argument of Mr. Foster before the
[Halifax Commission, on the independent subject of the commercial
jpiivilegcs f«ir which the British case demanded compensation in the
Lnvaids (and wliich were rejected by the Commission as not within the
Ipiirview of the treaty), ibrthe doctrinesof this Governm6ntin regard to
[the use of the strand as an incident of the inshore fishery concession
liu'eds no serious comment here. If the ''case" of either Government
Icmiid fairly lie referred to as maintaining proi)ositions to which it should
Ibe iield in tnis contention, the special arguments ;f)jv> and c<m of counsel
lean not iiseluliy bo I'esorted to for this ])urpose.

ill this interlocutory argument on the <!oinmercial question, the
JJritisli counsel, in answering Mr. Foster, maintained the opposite (ion-
^tnietioii of the treaty. Neither view had any important relation to the
subject tiien under discussion.

The second topic of Lord Salisbury's dispatch, from which aid is
fioiight lor his main proposition, is the presentation of Mr. Marcy's cir-
[eular to the collectors of custoTiis, while the reciiirocity treaty was in
force, for jiroi'iulgation among our lishermeu, the whole text of which
liWd Salisbury incorporates in his note.
Ill tlie lull copy of this circular, which is appended (No. .0) to the
piltsoii and Foster report, the fishery regulations of the provinces to
Miich it relates are recited, and a reference to these is sullicient to dis-
|)la:caiiy inference that this Government has assented to any curtail
Jiieiit, past or previous, by provincial legislation, of the freedom of the
|iisIioi(^ fishery, as conceded to our fishermen by the terms of the reci-
Vocity Iresity or the treaty of Washington. (Jne of these regulations
[elates to the demarkation of "gurry grounds," and the other to the

148

ALLEGED OUTKAUE UPON AMERICAN FISHERMEN.

tr\

reservation of spawning grounils, during tbo spawning season, iVomin.
vasion. " Ciurry," or tbe ottal of iisli, was supi)osed to infect tlie waters,
and the regulation was not of the right of taking iish, but of poisoning I
them. The care of the si)awning beds in spawning sesison, in ijkJ
manner, was a regulation of tlie breeding of Iish, not a regiihition of inodeJ
of American tishing. Both these reguUitions met the approval of this
Government and were re<iuired by Mr. Marcy to be respected bydm
tishermen, for tins reason, and in the sense of being within the reason.
able province of local civil jurisdiction, and not encroaching uimii the
])rovince of freedom of the fishery as imparted by the reciprocity troiity;
But the right of this Government to inspect all such laws and ynisA
upon tliem as falling one side or the other of the line thus tinnly drawn
is explicitly stated by Mr. Marcy. Jle says, "should they b(; so franittl
or executed as to make any discriuiination in favor of British lishernit'ij
or to impair the riglits secured to American fishermen by that treaty,
those iii.juiiously affected by them will appeal to this GovernnuMit ior
redress." A(;cordingly, the lisheraien are directed to make complaint,!
upon tlie cas'.^ arising, either in respect to any law or its execution, ''inl
order that the matter may be arranged by the two Governments."

The i>osition of this Government, as laid down in my dispatch otSeH
tember L*8, l«S7b, is, tiierefore, unembarrassed by any attitude in thiJ
contention, heietofore taken in any diplomatic discussion of paralkJ
treaty engagements. Any particular interpretation of the treaty astol
the right to use the strand in tishing with sei:;cs, ceases to be of sijiiiifij
cance, in the issue now. joined with the British Government, because
l)rovincial laws in question ])rohibit the use of tiie seines at all, and thel
nniin proposition of the British Government subjects our treaty riglits tJ
such legislation. So, too, the scope of this main proi)osition c;ui k\
neither obscured nor confused by the irrelevant consideration of thtj
local jurisdiction, within tliree mile.s of the shore, over jiersons or i)rflii.[
erty, of the running of civil or criminal jn'ocess, of health or police rejinl
lations, of territorial sovereignty in the* abstract. The issue betwml
the two Governments is as to what regulations of the freedom of
fishery, in the very nuitter of the time and manner of taking fish, reniiiiiil
a part of British sovereignty over the fishery, under the color of soverj
eignty over the place, when exclusive sovereignty over the fishery
been i)arted with by Great Britain, and a participation in such tislicryl
has been ac(]uired by the United States, in the terms and on the conf
siderations of the Treaty of Washington.

lJp(Hi tliis issue the position of this Government was notified totIie|
British Government iu September, 1878, as follows :

Tlii.s fiovcriiiiR'nt conceives th.it the fishery ri;;ht8 of tlie Uuitod States concciU'il ijl
the Treaty ot Washington are to be exorcised wholly free from the restraints ainl wA
ulations of the statutes of Nowfoundlar.d, now set up as authority over our ILslwI
men, and from any other regulations of lisliinjj now in force or that may hereafter 1k|
enacted bj' that Government.

Upon this issue the position of the British Government is now notifiwij
to us by the dispatch of Lord Salisbury, of April 3, ultimo, as follows]
lleferring to these statutes of Newfoundland, Lord Salisbury says:

These regulations, which were in force at thodato of thoTreaty of \Va8liingtnii,w''i'l
not aboiislied, but confirmed by the subseijuent statutes, and are binding iindi'iil*!
treaty uikjii tlie citizens of the United States in common with British subjefls. Tli'|
United States lisheniicii, in landing for the imrjiose of fishing at Ticlile lieacli, in ti,siiii;i|
Heinoata]ii(>hil)ited time, and in barring herrings with seines from the shore, excfcilt^l
their treaty iirivileges and were (engaged in unlawful acts.

Lord Salisbury further states that Ller Majesty's Government "liavfl
always admitted the incompetence of the colonial or the imperial k'gis-l

ALLEGED OUTRAGE UPON AMERICAN PlSHERMEN.

149

as notified to tliel

Iiiturc to limit, by subsequent legislation, the advantages securedby
trwity to the subjects of another power."

Tiieie are but two grounds upon which the subordination of the United
States' freedom of the inshore lisheries to imperial or provincial legisla-
tion, ciirtailing or burdening that freedom, ever has been, or, in the
luiiture of the case, can be placed.

Tlielirst is that of reserved general sovereignty within the three-mile
I limit, uiiilcr cover of which it is pretended there lurked in the concession
of the freedom of this fishery to the United States, in common with Great
Uiitaiii, the power of one party in the privilege of this common fishery
to regulate the enjoyment of it by the other. The statement of this prop-
osition confutes it. The United States would have acquired nothing of
right, if the concession was constantly subject to the will of Great Britain
[for its exercise and enjoyment. Accordingly, Lord Salisbury disclaims
Itliis pretension as ever having been held by the British Government as
la reserved ])ower capable of exercise by any regulations subsequent to
Itliedate of the treaty of Washington. But, manifestly, antecedent reg-
julations, as having force subsequent to the treaty, can not be sustained
jupou the ground of sovereignty over the treaty concessions by any bet-
Iter reason than new legislation of ih.t qnality and etiect. If the treaty
Ipiedomi nates over subsequent provincial legislation, encroaching upon
Itlie treaty concessions, by stronger reason it supplants previous provin-
jcial legislation subversive or restrictive of the treaty concession. If such
Iprevious legisLation persists after the treaty comes into operation, it
|iini>t be because the treaty in terms or by just interpretation accepts this
IjH'evious legislation as a part of itself. But this is the predominance of
Itlie treaty and not of the legislation, which thenceforth owes its vigor
[to the stipulations of the treaty by which the United States adopts and
conflrins the provincial legislation in force at its date. This is in sub-
stance the British contention, and, in the failure of the doctrine of re-
kerved sovereignty, is the only alternative basis of the present proposi-
tion of the British Government.

The subject thus brought into dispute at this late date in the progress
ofthelishery negotiations between the two countries issimidy what the
Dsliery in provincial water . which the Briti.di Government had at its
klisposal and which we acquired at its hand, as a matter of property and
pneticial enjoyment, really was.

That the British proprietorship in and dominion over this inshore
[fishery was perfect, absolute, and without incumbri'Mce or limitations,
911(1 that this was the subject concerning wliich tli negotiations were
occupied and by and to which tiie treaty ecpiivalents were, to In-, meas-
med and applied was certainly never doubted by the lu^gotiators of
jiliis treaty on the part of the United States or of Great Britain. What-
Evei' this fishery was in its initural extent and value, in its geographical
area, and its multitude and variety of fisli i)roducts, that was t!ie sub-
|('('t of which Great Britain possessed tlui. Jus dispoiietuU, liud tliat the
hjcct of which the United States proposed to accjuire an undivided
iiiaie. The proportion of this fishery which Great IJritain was to part
h and the United States was to appropriate do»>,s not atfcct the; <pies-
[iou of what the entire property was and was understood to be. What-
prtlie United States would have ac(iuired had Gn^at Britain parted
vitb the whole fishery, the subject partitioned between them was this
Entirety, no matter what 1 hesharesin whi<di it was to be enjoyed might be.
It is equally clear that the negotiators on both sides assumed that
jieat Britain was dealing with this subject as sole owner, ai:d that it

,c-'m

ii K WA. •

Ul- '

iMM.

IHk ^

Km m^ a

liii It

150

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

Lad impairec* neither its title nor its possession by any previous jjrant
or incumbrance. Whatever right and enjoyment then, by proprietor-
ship aud dominion, Great Britain in its political sovereignty could im.
part to " the subjects of Her Britannic Majesty," that right aud chJoj.
ment Great Britain couhl impart "to the inhabitants of the 'UiiitH I
States."

This bciug the subject of the grant, and this the title and possession!
of the grantor, what is the treaty description of the estate, riglit, aiul
privilege granted to the United States for the enjoyment of its citizens!
The text of the fishery articles of the Treaty of Washington shows that |
there was no limitation whatever upon the grant, except that the estate,
right, and privilege granted were to endure but for a term of years, ami I
were to be enjoyed by tiie United States not exclusively, but in common
with Groat Britain. There was, to be sure, a x*estriction imposed upon
both countries which excluded both equally from extending the eiijoj'
ment of cither's share of the common fishery beyond the "inhabitants
of the United States" on the one side and "Her Britannic Majesty's
subjects" on the other, thus disabling either Government from impairini;
the share of the other by introducing foreign fishermen into the com
niou fishery. But this feature in the grant has no significance iiitbe
measure of the concession as now disputed by Great Britain and con j
tended for by the United Statos.

The British contention imputes to the phrase of the treaty, "iii coral
mon with the subjects of Her Britannic Majesty," not only its manifesti
effect of excluding any possible conclusion that the privilege concedeJI
to the United States was exclusive, but the further effect of measuring
the subject of the gr^.it — that is, the fishery itself — as it was then, at tliel
very date of the treaty, regulated by the various laws of the maritinie|
provinces.

For this interpolation there seems no justification either in reason oil
in the history of the negotiation. There is not the least evidence tliatl
it was present to the mind of either of the high contracting parties toi
the treaty that the subject of the fishery to be partitioned between tlicial
was any less than such as it \yas in its natural dimensions and qiialityj
and such as it was, as a subject of human control, at the unlimited disl
posal of British sovereignty. What these i)rovincial laws were noonel
inquired and no one disclosed. That the fishery our sea-going lisherj
men were to share in, was a fishery regulated by and for the local pointi
lation fishing from the shore, no one conceived. That the title of Groatl
Britain should be examined, or warranty against adverse title and posf
session or against incumbrances exacted, M'ould have seemed both t'oolj
ish and offensive to the High Joint Commission which negotiated t
treaty. To the apprehension of all, the map and the statistics of
catch showed what the fishery was in extent and value, and thedoiniui
ion of Great Britain over the subject measured the security of the rigli|
which we were to acquire.

The proposition of Lord Salisbury reduces the grant of the fisbetj
from the dimensions of the fishery as Great Britain had power tocoij
vey it, and by its mere natural description would convey it, to the lisl
ery as it had been trimmed and curtailed by local legislation and wastj
bo regulated by local adminiwstration. Ho reduces our enjoyment froij
a freedom of the fishery, such as the plenary political power of Oifi
Britain could impart to its subjects and could share with the TJnitd
States, to be enjoyed by their inhabitants, to the use of the llsliiuf
methods and seasons of the provincial coast population, as their f'M
ties aud occasions had arranged them; and this interpretation of I

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

151

and possessio
tate, right, ami i
i of its citizens!
;tou shows that
that the estate,
m of years, aiul
bat ia common I
[1 imposed upon }
iding the enjoy-
le "inhabitants
innic Majesty's
ifromimpairiiij|
,n into the com
fuiftcance in the |
Britain and con-

subject of the grant, by which one party parted with and the other
acquired nothing of valne, tniiis npoti the phrase of the treaty which
(Ictiiies tlie estate conveyed as not exclusive, bntto beheld in coiniiion.

Fortunately, the closing transaction between the two Governments, by
nbidr the fishery concession to the United States was to be measured
and villned, and compensation on onr part therefor to be adjusted ac-
cording to the measure and vahn) of the ]>rovincial lishery, not in the
abstract, but as opened to our fishermen, furnished an oi)port unity to
take tlie estimate both of the British and provincial Governments of the
extent and comprehension of the subject of the grant. This ti'ansaction
antedates the present disputation an<l brings the two (lovernments to-
(^ctlier in a computation before the Halifax Commission of the nature,
extent, and benefit of the inshore ])rovincial fishery.

The considerations for the Briti^^h concession were threefuld. First,
an equivalent fishery concession on our own coasts; second, exemption
of ])iovincial fish i)roducts from duties, or the concession of our fvee
market; third, sucli sni)plemental money payment as the nature, extent,
and value of the British fishery concession, in the judgnient of the Hal-
ifax Commission, would warrant or require. It would be enough to say
tliat the present pretensions of the British Goverinne-it in reduction of
tlic },nant were not presented in depreciation of the ju-ice we were to pay,
nor was any subjection of the natural fishery to political or municipal
disparagement advanced by us in reduction of the money value with
which we were to be charged. But the British and provincial Govern-
ments are precluded from the present pretensions not by silence alone
as to these latent limitations and incumbrances upon- the grant, when its
[nice was being adjusted by the Halifax award. The "Case" of the
liritisb Government presents in the most open and unequivocal terms
the measure of the grant, in the sense both of benefit to the United States
and of injury to the provincial fishermen. The conduct of the conten-
tion throughout maintained the freedom of the lisheiy to the methods
and occasions of our fishing enterprise and skill, and insisted upon the
right accorded (which might exhaust and destroy the fisheries so as to
depreciate their benefit to the coast population, even beyond the treaty
jieriod), and not its actual exercise by our fishermen, as the standard
of estimate by which our money payment was to be fixed.

In "the Case of Her Majesty's Government," submitted to the Hali-
fax Commission, the following language is used to illustrate and enforce
the advantage in the extent and method of fishing secured by the treaty
of 1871 over the restrictions of the convention of 1818:

Tlio convention of 1818 entitled United States citizens to lish on tho shores of tlio
i Maf!(lalen Islands, but denied them the privilege of landinjj llKue. Vi'itlumt such per-
j mssion the practical uite of the inshore fixher its was impo'isiblv. Althougli mich perniisMJon
ba8 tacitly existed, as a matter of 8n"")rance, it nii;j;Lt at any inomciit have tieen with-
drawn, and the operations of United States lishernien in that h>calit,y would thus have
been rendered ineffectual. The value of these inshore tisheries is ^reat; mackerel,
j herring, lialibut, capelin, aiul hiunee aliomid, and are oaujjlit inside of the principal
bays and harbors, wluire -.hey resort to s))awn. Between three liuudrcd and four
hundred United States fishing vessels yearly frequi^nt the waters of this group, and
[take large quantities offish, both for curing and bait. A single seine has lieen kmnvn
[to lake at one haul enough of herrings to fill :?,OeO barrels. Seining mackerel is sinii
Marly ]troductive. During the spring and suuiiuer fishery of the >ear 1875, when the
I mackerel were closer inshore than usual, the comparative Jailnre of the Av.ivrican
|/«/ienn«»i teas owing to their being unprepared with 8uital)le hauling neta and small boats,
yhfir vessels being unable to approach close enough to the beaches.

lu the c.if 9of the remaining portions of the seaboard of Canada, the terms tif the con-
jvcntion of 1818 debarred United States ci I izeus from landing at any part for the pHruuit
\of operations connected with fishing. This privilege is essential to the successful ptose-
jcution of both the inshore and deep-sea fisheries. By it they would bo enabled to

w

152

ALLEGED OUTRAGK UPON AMERICAN FISHERMEN.

iP'fl

U\ '

prepare thoir fish in a snpnrioi .r.nnnor, in a salnbrions climato, as well a.s nioro expe.
ditiously, and they wonld be relieved (if a serions ouibarraHsnient as regards tho (lij.
position of tish olfals, by cnrii'tf on shore the fish which otherwise would have bwa
ilresaed on board their vessels, and the refuse thrown overboard.

All flic advantages uhovi- detaUid have been aecnred for a 2)eviod of iirelvr, yearn to VniUi
States fiHhermeii. Without them, fishinij operations on niatii/ parts of the coast would hemi
oiilfi unremnneratire but impossible ; and they man iherefort hcfairl'i/ claimed as au imimr-
taut item in the valuation of the lilnrties (jranted to the Viiited Stales under Article AT;//
of the Treaty of IVashington. (Halifax Com., Vol. I, p. 'J:{.)

And again :

4. Formation of fishing establishments.

The privilege of establishing permanent fishing-stations on the alioren of Canadian bap,
creeks, and harbors, akin to that of landing to dry and cure fish, is of material ad-
vantage to United States citizens.

There aYe further advantages derivable from permanent establishments aHhnrp,
such as the accumulation of stock and fresh fish preserved in sn^tv or ice, and others kept in
frozen and fresh state by artificial freezing. {Id., pp. 1)4, 'X\)

In that portion of the same "case" which specially regards the char
acter of the Newfoundland fishery, and points out with elaborate pre
vision the rights of the United States fishermen on the shores of that
island and the compensation demanded therefor, the British Govern-
ment says:

I. The entire freedom of (he inshore fisheries.

Newfoundland, fro'u that part of its coast now thrown open to United States fish-
ermen, yearly extracts, at the lowest estimate, $5,000,000 worth of fish and fish-oil,
and when tho value offish used for bait and local consumption for food and agricult-
ural purposes, of which there are no returns, is taken into account, tho total maybe
fairly stated at ^0,000,000 annually.

It may possibly bo contended on the part of the United States that their fishermen
have not in the p.ast availed themselves of tho Newfoundland inshore fisheries, with
l)ut few exceptions, and that they wonld and do resort to the coasts of that island oiik
for the purpose ci'pro(;nring bait for the bank fishery. This may np to tho prtiseut
time, to some extent, be true, as regards codfish, but not as regards herring, tnrlidt,
and halibut. It is not at all probable that, possessing as they now do the right to takeher-
ring and capelin for themselves on all parts of the Newfoundland coasts, they will coiilimii ,
to purchase as heretofore, and they will thus prevent the local fmheiinen, especially those of |
Fortune Hay, from engaging in a very lucrative employment, which formerly occupied thm
during a portion of the winter season for the supply of the United States market.

The words of tho treaty of Washington, in dealing with tho question of compeu-
sation, make no allusion to what ime tho United Statues may or do make of the privi- i
leges granted them, but simply t,tate that, inasmuch as it is asserted by Her Majesty's
fJoveriinient that the priveleges accorded to tho citizens of the United States uiulpr
Article XVIII are of greater value than those accorded by Articles XIX and XXI to
the subjects of Her Hritannic Majesty, and this is not admitted by the United States,
it is further agreed that a commission shall be appointed, having regard to the privi-
leges accorded by the United States to Her Britannic Majesty's -sulyects in Articlej I
NoH. XIX and XXI, t'' amount of any comi)ensation to be paid by the Government
of the United States to that of Her Majesty in return for the privileges accorded to
tho United States under Article XVIII.

It is asserted, on the part of Her Majesty's Government, that the actual use wbich
may be made of this privilege at tho present moment is not so much in question as the |
actual value of it to those who may, if they will, use it. It is ])ossible and oven prob-
able, that United States fishormen niay at any moment avail tluimselves of the privi-
lege of fishing in Ne\vfo\iiidiand inshore waters to a much larger extent than tliey lio I
at iiresent; but even if they should not do so, it would not relieve them iVoiii tW
obliaation of making tho just payment for a right which they have acquired subject
to the condition of making that payment. The case may 1)0 not inaptly illustrated by
tho somewhat analogous one of a tenancy of shooting or fishing privileges; it is not
because tho tenant fails to exercise tho rights wh'ch he has acquired by virtue of his |
lease that the i)ropriotor should be debarred from tho recovery of his rent.

There is a marked contrast, to tho advantage of tho Uniteti States citizens, botweeo |
tho privilege of access to fisheries the most valuable and productive in tho world, and
the barren right accorded to the inhabitants of Newfoundland of fishing in the ei-
hausted and preoccupied waters of the United States north of the thirty-ninth parallel
of north latitude, in which there is no field for lucrative operations even if British

MEN.

jiLLEGED OUTRAGE UPON AMERICAN FISHERMEN.

153

bU as more expe-
\ roRards the (lin.
yould havu been

've years to Uniiti
const would /if iKii
imed as «» impor-
ler Ar tick X\- III

>f Canadian bays,
is ol" material ad-

lisliraents ashore,
, and others kepth

gards tbe char
1 elaborate pre
i shores of that
UritisU Govern-

United States fish-

)f lish and lish-oil,

food and agricnlt-

f , the total may be

hat their liHhermeii
bore lishcries, with
of that island only
up to the present
ds herring, turbnt,
[the riijht to iakehtr-
8, the)) will iwitmt
\n, especially Ihomoi
\nvrly occupied thm
a market,

[lestion of coiupeii-
luako of the privi-
lid bv Her Majesty!
iiited States under
(8 XIX and XXI to
the United Stat«8,
•egard to the i)rivi-
Inhjects in Articles
|)y the Government
i leges accorded to I

le actual nse wliich i
|h in question as the
lible and even proh-
Telvesof thepnvi-
ttont than they do
fve them Jroni the
|o ac(iuired stibjeit
IptlyillHHtratcdljy

Irivileges; it isiwM
led by virtue of Im
■lis rent.
Is citizens, botwetn
% in the world, and |
IfiBbing in the es-
lirty-ninth parallel
Us even if British

Hiibjectfl desired to resort to them ; and there arc strong grounds for helieving thai year by
ijtar,a8 United States fishermen resort in greater numbers to the coasts of Newjoundlandfm'
the purpose of procuring bait and supplies, they will become more intimately acquainted with
the resources of theinshore fisheries and their un limited capacity for exti nsionand development.
As a matter of fact, United States vessels have, since the Washington treaty came into
oper.'itlon, been successfully engaged in theae fisheries; and it is but reasonable to
anticipate that, as the advantages to be derived from them become more widely known,
lafer mimbers of United States fishermen will engage in them.

A participation by fishermen of the United States in the freedom of these waters
must, notwithstanding their wonderfully reproductive capacity, tell materially on the
local catch, and, while affording to the United States fishermen a profitable euinloy-
ment, nuist seriously interfere with local success. The extra amount of bait also which
In required for the supply of the United States demand for the bank fishery must have
the ertect of diminishing the supply of cod for the iushores, as it is well known that
the ])re.sonce of that fish is caused by the attraction offered by a large (juantity o*"
bait lislies, and as this (luantity diminishes the cod will resort in fewer number to the
toast. The ofiect of this diminution may not in all probability be appareift for som<i
years to come, and whilst United States fishermen will have the liberty of enjoying the
iislieries for several years in their present teeming and remunerative state, the effects
j of overlisliing may, after their right to participate in them has lapsed, become seriously
prejudicial to the interests of the local fishermeu. (/&., pp. 10:i, 104.)

It is impossible to ofi\3r more convincing testimony as to the value to United States
j fisliernien of securing the right to nse the coast of Newfoundland as a basis of opera-
tions for the bank fisheries than is contained in tbe declaration of one who has been
for six years so occupied, sailing from the ports of Salem and Gloucester, in Massachu-
setts, and who declares that it is of the greatest importance to United States fishermen
[to procure from Newfoundland the bait necessary for those fisheries, an«i that such
[benefits can hardly be overestimated ; that there wiH be during the season of 187(),
jnpw.ard of 200 United States vessels in Fortune Bay for bait, and that there will be
I npwiird of 1100 vessels from the United States engaged in the Grand Bank fishery ; that,
lowing to the great advantage of being able to run into Newfoundland for bait of
jditl'erent kinds, they are enabled to m.ake four trips duringthe season ; that the capelin,
jwbich may be con side led as a bait peculiar to Newfoundland, is the best which can
Ibensed for this fishery, and that a vessel would probably be enabled to make two
Itrips during the capelin season, which extends over a period of about six weeks. The
|Bameexi)erienced deponent is of opinion th.at the bank fi-sheries an; capable of im-
jniiMiHe expansion and developmnut, and that the privilege of getting bait on the coast
[of Newfoundland is indisporsable for the accomplishment of this object.

As an instance of the demand for bait supplies derived from the Newfoundland
Jiiisbore fisheries, it ni.ay bo ut^ef'ul to state that the average amount of this article eou-
iBunied by the French fislnu'men. who only prosecute the bank fisheries during a period
lofaliout six months of the year, is from $120,000 to 81(50,000 annntilly. Thehirrinej,
\ta\wli», and squid amply meet these requirements, and are supplied by thej)eople of Fortune
laiul I'laeentia Bays, the i)ro(luce of t.lie islands of St. Pierre and Miqnelon being iusuf-
liiiMent to meet the demand.

It is evident fnmi the above consideration that not only are the United States fish-
Ipniien almost entirely dependent on the bait supply from Newfoundland, now open
|t()tiieni, for the successfnl prosticution of the bank fisheries, but also that they are
enabled, through the privileges cimeeded to thiim by the treaty of Washington, to
Parjjely iucrciase the niuuber of their trips, and thus considerably augment the
protits of the enterprise. 'lb is substantial advantage is secured at the risk, as before
Bncntioued, of hereafter dei)lefing the bait supplies of the Newfoundland iushores,
\m\ it is but just that a substantial equivalent should be paid by those who profit
^iiereby.

We are therefore warranted in submitting to the conmiissioners that not only sliould
llie present actual advantages derived on this head by United States fishermen be
liiken into consideration, but also the probable effect of the concessions nnide in their
lavor. The inevitable consequence of these concessions will be to attract a larger
inuinnt of United States capital and enterprise following the profits already made in
lliisdi'i'otion, and the effect will be to inflict an injury on the local fishermen, both
fcv tbe increased deiuaud on their sources of supply and by competition with them in

Iheir trade with foreign markets, {lb., pp. 10,'), IOC.)

» » # » « » #,»

COXCLUSION.

It bas thus been shown that under the treaty of Washington there has been con-
Med to tlic United States—

^I'irsit. The jtriviloge of an equal participation in a fishery vast in area, teeming with
pli, tmitinuously increasing in productiveness, and now yielding to ojieratives, very
Iniited in nuuiber when cousidered with reference to the field of labor, the large an-

m

154

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

law

> -it I

mial rotnni of upwards of $(i,00O,on(), of which 20 per cent, may be ostiiuated as net !
proHt, or $1,'200.(H)0. '

It in bolitncMl that the chiiin on the part of Nowfonndluiid in respoct of this portion
of the i)rivil('ge8 iiciiiiirt'd Ity Uiiitod Statoa citizens nndcr llie Treaty of WuHiiiiiirtnu
will be confined to the most moderate dimensions when estinnitod at one-tenth ol'iiii, i
amonnt, namely, $l'Jt),()0() )>er annnin. or. for the twelve years of the operation of the
treaty, a total snm of .$1,440,()0(). (//i.. i.i>. 107, lOH.)

To tliis '' case" the Uiiitod States GoveriitinMit lilod an answer, ninll
the British (xovernineiit flk'd a reply to the answer, in which it repcakd |
its eontention :

The words "for no other pnrjwue whaievcr" arestndionsly omitted by the franicrsufl
the last-named treaty, ami Ihc privUcui' in commo.v with tlm Hiilijfcts of llvr lh\U\\\K\
Maji'Htii, to tahejixh atid to land for JiahUuj pnvium'H, clearly incJndes the liberty to|
•chase Itait and supplies, transship earj^oes, &e., for which llvr MajfMij'H GorvrmmA
contend iiha» a rujUt to claim compcnuatiou.

It is clear that these privileges w(Te not enjoyt-d nndcr the cunvtmtion of i8lH, uiij
it is e(inally evident that they are enjoyed under the treaty of Washington, (rt,,
p. 17;t.) ...

» » • # « # »

As regards the herring fishery on the coast of Newfoundland, it is availed of lnji
considerable extent by tiic United Staters li.shermen, and evidence will be addnci'dofj
large exporlations by them in American vessids, iiarticnl.arly from Fortune Iiiiv iiiiilf
thc^ neighliorhood, both to European and their own market.i.

The presence of United States tishermen upon the coast of Newfoundliind, sdfiitl
from being an advantage, as is assunnnl in the Answer, oi)era.tes most |)rejii.li(iallyi(i|
N(>wfoundJand fishermen. Bait is not thrown overboard to attr ct the fish, asiivj
serted, but the United States bank fishing vessels, visitin;.; the coast in such liiipj
nnmb(!rs as thoj' do for the juirposo of obtaining bait, swiuip the coves, creeks, ainll
inlets, thcT'eby diminishing the supply of bait for local catcli, and scaring it frointli(|
grounds where it would otherwise be an attraction to the cod. (//>., p. 18(5.)

It forms no part of my purpose in this report lo adduce, in are;iiiiieii!|
or i>roof, the manifold supports to the view now i)resented which
record of the diplotnatic history of the fishery negotiation.s between tliel
two countries or the documents and proceedings of the Halifax CoiriiiiiJ
sion contain. It is very apparent throughout them both tluit the oblitfrl
ation of the sea-line of demarkation betwaen the rights of our tisIitTiiiMl
and those of British fishermen we regarded of principal value, asreiiim[
ing the sources of irritation between tb.etr. and possible occasions olcniil
troversy and estrangement between the two iiHtion.s. In my di.spatcll
to JNJr. Welsh of September 27, 1878, Maid before the British (jovenl
ment this disijosition on our part as furnishing the leading i)urposi'il
the framing of the fishery jirticles of the treaty of Washington. I tiiej
said thitt —

Politically, and in the interest of good neighborhocd, this government did n'«dt
and at all times would regard, the restoration of the relations between the twecoiiJ
tries, in tlie common enjoyment of these fisheries, to the ancient footing of the trMlM
of 17H;5, as most grateful in sentiment and as a most valuable guarantee against ;iii|
renewal of strife.

In the British "Case" before the Halifax Commission, Her Miijestjj
Government definitely insisted upon this assured position of ourpiibM
relations in this regard as an element of consideration in the award tlicI
asked from the Commission. Her Majesty's Government drew tbeaj
tentiou of the Commissioners —

'fo the gniat importance attaching to the beneficial conse(iuenc<!s to the Unilij
States of honorably ac(|uiring for their lishermeu full freedom to pursue their ailwH
turons calling witliout incurring constant risks and exposing them.selves and the]
f(dlow conntryuieu to the in(fvitablo reproach of willfully trespassing on the riijlit'i
d(Mnain of friendly neighbors. Paran unt, however, to this consideration isjj
avoidance of irritating disputes, calculated to disquiet the pnblic mind of a spirilf
and enterprising peoijle, and liable always to become a cause of mutual anxietyi
euibarra-ssnieut.

ALLEGED OUTRAQE UPON AMERICAN nSIIERMEN,

155

(•Htiinttt«!il as net

It was ii'pcattHllyHtateil by tlio American iiieiulicrsof the Joint High CoimnlMsion lit
WiisliiiiflfiHi) i» <liHcn88iiijj jiropowils n^Kurdiiig tiio C)iiiii(ii.:ii tiHliories, " tluifc tlio
I'liiitMl Stiitt'N <leHir«il to Hcciiro thoir oiijoyiuont, not for tln'ir coniniorcial or intrinsic
viiliii'i liut lor tlio pnrpoHo of rcMnoving a Honrcn of iriitalion."

Tlie oxpciienco of our Fortune Bay fisluTuuMi in tli(>ir first attempt,
jn the sixth year of tlie runniuff of the treaty, tft exennse on the coast
ol' New IbiuMlhind the "full freedom to pursue their adventuronseallinp:,"
wliicli il'T Majesty's (roverument said had been honorably acujuired for
tlu'in by Mieir own Government, is exhibited in the papers now submitted,
iis is iilso the treatment of their grievance, aiul this (lovernment's pre-
sciiliilioii of it, accorded by Her Majesty's Govt^rnnuMit.

Tlic Ibitish Government claimed before the Halifax ('ouimission the
sum of $1L'(>,(K)() per annum during the twelve years of the treaty period,
or tli('f,M'oss sum of $ 1,440,000, for the advantage to the United States
of tlio fishing i)rivilege proper on the Newfoundland coiist alone, con-
(!('(U'(l by the treaty, over aiul above flu; counter conciessions of our
iiisliore- iishery, and the remission of duty on their fish products. The
IhiJilax awar<i of $5,500,000, for the Dominion of Canada and Newfound-
■iiiid t();;»'tlier, has been divided between them by the I'.ritish (Jovern-
iiiciit, and the sum of $1,000,000 has been received by Newfbuiulland as
its sliare of (he money payment made by the United Slates under the
treaty.

It will be observed that under the British view of the exposure of our
tislicriiicn at Fortune Bay to the penalties of infra(;tions of the provin-
cial laws, while they were enjoying in their own opinion and that of this
(iovcrnment the full freedom of the fishery accorded by the treaty, there
is no pretense that the violence ottered them and the wanton destruction
of tlu'if fishing property and spoliation of their draught of fishes find
any warrant in the supremacy of violated laws under color of which the
liritish (lovernment has refused them any indemnity.

In tliis attitude of the British Government, as taken in the corre-
siiondcnce, the violent expulsion of our fishermen from theii' fishery on
tlit'titliof.January, ISrs, bythecoast fisher'nen of Newfbnntlland, seems
tohc jiistitie<l i not espoused. This positio.., too, of that Government
nt'cossarily carries a warning that any future attempt l)y our fishermen
to exercise their treaty privilege, except in conformity to the local fish-
in;; regulations, will bo resisted by the authority of tiie British Govern-
ment, as well as exposed to the violence of the coast fishermen.

Uiuler this unhappy and unexpected failure of accord between the
two governments us to the measure of the inshore fishing privilege
secured to our fishermen by the treaty of Washington, as developed in
tills conesi)ondeiice, it becomes the imperative duty of this Government
to consider what measures-should be tak»»n to maintain the rights of our
people under the treaty, as we understand them, find to obtain redress
tor tiieir expulsion from the enjoyment of their rights.

Sofuras this diminution of these privileges calls for a reconsideration
of tlie treaty equivalents already parted with by this Government and
received by Great Britain, as suitable to the failure of the ])rivileges
thus purchased and paid for, by this denial of their exercise so as to be
valiiab'j or desirable to our ])eople, that subject necessarily must be
|i'einitted to di))lomatic correspondence. The only continuing consider-
iitioi. the United States is paying for the treaty period, for the expected
M'lijoyineut of the treaty concession, is the remission of our customs
•liities upon the fish products of the provincial share in these fisheries.
I respectfully advise that it be recommended to Congress to re-impose-
the (hities upon fish and fish-od, the productsof the provincial fisheries,

156

ALLEGED OUTRAOE UPON AMKRIOAN FISHERMEN.

as tliey existed before the treaty of VViishiii;;toi) ciiine into opeiation,
to so continue until the two (lovermiu'iit.s shall be in ixtcord its to tlu-
interpret.ation and execution of the tlslu-ry articles of the treaty of
Washington, and in the adjustment of the grievaiici^ of our Hshennen
fnun the infractions of their rights under that treaty.

This measure will give to our lishermen, whih' excluded from the en-
joyment of the inshore fisheries under the continued enforcement of tiic
British interpretation of the treaty, a restoration of the domesti(! market
for the products of their own lishing in<liisrry, as it stood before its tVcc
dom was thrown open to the provincial flshermen in exchange for tlie
free fishery opened to our fishermen.

I respectfully advise, also, submitting to the consideration of Congress

fhe propriety of authorizing the examination and auditing of the claiins

of our fishermen foi' injuries suffered by the infraction oi" ilenial of tlieir

treaty privileges, with the view of somo ultimate i)rovisiou by coiiven

tion with (Ireat Britain or by this Government for t heii- in<h'Miuitv.

WM. M. 1::VARTS.

LIST OF ACCOMPANYING DOCUMENTS.

No. 1. Mr. Evarts to Mr. Wolsli, No. :{:5, Marcli 2, 1«78.

No. '2. Mr. V. W. Sinwanl to itr. Wolsb, No. 55, April 6, 1678 (with two inclosiires,
printed witli (lociiiimnt No. 'it!).

No. ;{. Mr. I" arts to Mr. Wnlsli, No. 67, Ajjril 2ti, 1878, with an iiiclosiiro.

No. 4. Mr. I[op|)iii to Mr. Evarta, No. 5, May 4, 1878, witli tlirtM', incloHiiro.H.

No. 5. Mr. F. \V. Sewiinl to Mr. VVel.sli, No. 125, AiiKUNt 1:5, 1878.

No. C). Mr. Welsli to Mr. Evarts, No. I'M, Aii^jiist 24, IH78, with au iuolosuro.

No. ?. Mr. Evarts to Mr. WoIhIi, No. l.V), iSi^pteiiiber 28, 1878.

No. 8. Same tOKaino, No. 174, Novenilicr H, 1878. , ! '

No. 1). Mr. Welsli to Mr. Evarts, No. 15I>, November 9, 1878. Oue iticlosuro with 11
appendict^H aiinex<!il.

[NoTK. — Tbo last hc.vcu of llii'so iipiu>inlici'saro jirinto.d with doiMiincut No. 20.]

No. 10. Mr. Evarts to Mr. Welsli, No. 1547, August 1, 1871), with two iiicloHiircs,

No. 11. Mr. Wcdsli to Mr. Evarls, No. :t47, August 1:5, 1879, witli ono inclosiirc.

No. 12. Mr. F. W.Seward to Mr lloppiii, No. '.Uil. Atigii-t 28, 1879.

No. r.{. Mr. Evarts to Mr. Iloppin, t<do<iraiii, Novcinlier 2l(. Iri79.

No. 14. Mr. Hoppiii to Mr. Eviirts, No. Ill, Novciiilier 22, 1871), with one iiioiosniT,

No. 15. Same to same. No. 112, November 25, 1879, with one iiiclosiire.

No. 1(). Same to the same, No. 11:?, November 28, 1879, with (me liieloHure.

No. 17. Mr. Evarts to Mr. Iloppiii, No. 412, Ja;:iiary K>, 1880.

No. 18. Same to the Htmw, telegram, February 5, 1880.

No. 19. Mr. Hoi)i)iii to Mr. Evarts, No. 14;{, February 7, 1880, ; •

No. 21). Saiii.^ to the sanH>, No. 147, February 10, 1880.

No. 21. Same to the same, No. l.^iO, Fel»riiary 14, 1880, with one iiielosnre.

No. 22. Same to the name, nnoHicial letter, Feurnary 14, I8rt0, with one ineloHiiro,

No. 2:{. Mr. Evarts to Mr. Iloppin, telegram, February 2(), 1880.

No. 24. Mr. Iloppin to Mr. Evarts, No. 1.5(>, February 27, 1880, with one inclosnic.

No. 25. Same, to the same. No. Ui'.i, Mareh 9, 1880, with one inclosurc.

No. 2(i. Same to the same, No. 170, A[H'il (i, 1880, witli two inelosures, nann>ly:

1. liord Salisbury to Mr. Ho[)piu, April :$, 1H80, with ])rinte<l aiipendices
rontaining de])ositions, »S:e. . ^

2. Mr. IIoi)pin to Lord Salisbury, April (), 1880. '": ' . :?•
No. 27. Mr. Evarts to Colhutor Habson, August 5, 1879.

No. 28. Mr. Evarts to Sir Edward Thornton, August 5, 1879.
No. 29. Keport of Mchbih, Dabsou aud Foster, Boston, September 29, 1879, with ac-
coupauiuieutH,

ALLEGED OUTKAOE UPON AMERICAN FISHERMEN.

157

two inclosiii'cs,

a iucloBiiro.

iiicloHtiro, w itli 11

Document No. 1.

Mr. Uvarta to Mr. Welsh.

y^^ ;};{.| Departmknt OF State,

WuHhitKjton, March 2, 1878.

Sir: C()mi)liiiiit.s liiive rciiclied tlio (lepartiiieiit of soiioiis iiiti'rJt'n'iic«
willi AiiK'ricun lisln'iiiu'ii ciipitied diiriiij; tho picsriit seii.soii in tho
luiriiij'- lisluiry on Ili(^ c-oiist ot' NewtbmuUinul, t'.spooially in tiiti ntiifjli-
l)oili(M»(l()t Lony llarlxd". The complaint h come I liroiifjh various sources;
lii:,t, IVoiii liie IJnited States consuls in that province; the consuls con-
liniiij; themselves, however, to genoral statements, based on representa-
tjuiis made to them by lishermen immediately allected at the time of the
(uriuTciices, which form the jrrounds of eomplaints. Still more n;-
ciMilly, however, these complaints have been preferre<l in a more specific
iiiaiiiiti', supported by atlidavits of the niasters of several lishin;; ves-
sels owned and lilted out at (Houcester, Mass. From these statements
il ii|)i>ears that about tlieOth of .January last no less than ei^ht schoon-
ers lioin liie above named port, while engaf^ed in the herrin;;- fishery at
iiiid ill the neif^hboriiood of Lon^ Harbor, were attacked by the iidnibi-
tiuits to the nundter in one instance of (>() men, and in another 200 or
iiion', and their seines, which were 8et and in most cases fu!I of lish,eut
iiiul destroyed, and the tish, in one case to the amount ol 5,000 barrels,
;iii(l ill otiiers oidy less in quantity and value, scattered and run nut to
sen, rt'sultinjjf, Iteside the {jreat loss of j)roperty, in the vessels beini;
(ililii^eil to return to their homo port in ballast, and also to abandon
tlieir fisliiiifj enterprise for the season.

WlicM it is reineud>ered at what considerable expense the preparations
iire Jiiiule for a season's fishing in these uorthern latitudes, and that very
iiiiiiiy of tlie men, both masters and mariners, embark their all in the
enterprise, the serious character of these losses nniy be partially under-
stood.

iiisf Mictions have been sent to the consuls to transmit fuller informa-
tion oil the subject, and this will bo furnished you as soon as it shall
liiivc lii'cn received. In the mean time it is deemed advisable to instruct
villi to brill}; the matter to the attention of Her Majesty's Government,
imd to request that it will cause an investigJition to be made into the
alh'yed facts of the case, and to adopt such measures as may be found
necessary, not only to put an end to the evil, but also to prevent a re-
IciiiTeiice of acts which, in addition to the injuries and losses to individ-
iiiils, may have a tendency to complicate tiie fjood relations which so
hiippily subsist between this government and that of Her Britannic
I Majesty.

I am, &c.,

' ■ W. M. EVAETS.

Document No. 2.
' ^ ■ Mr. F. W. Seicard to Mr. Welsh. .....i^„r..-

^No. 05.] Department of State,

Washington, April 0, 1878.

Sir: Referring to instruction No. 33, addressed to you by this depart-
|ineut, uuder date of 2(i March last, i u relation to the alleged iuterforeuce by

158

ALLEGED OUTHAOE UPON AMERICAN FISHERMEN.

1 ■.,;

the iiihabitantH of Lon^ lliirbur, N»wfoiitulliiii(i, with certain Ainciiciins
fii^jiitjiul in the horriiit; fishery there, I now ineh)so lor yonr inforina.
tion, eopicsof further evich'nce in the matter, taken at St. tI»»hn'H, wlijcli
has been received from the consul of the United States at that place.
1 am, isii'j..

F. W. SKWAliD,

Acthuj Sccrcldnj.

For inclosiiro No. 1, deposition of Alfred Noel, see No. 1, Appendix
A, to Lord Salisbury's note of April 3, l.S.S(>. (l)o(!ument No. '2(1)

For intrlosure No. 2, deposition of John Uumsey or Kamsey, see No,
2, Appendix A, as above.

Document No. 3.
Mr. EcarlH to Mr. Welsh.

No. (

u.

' I)ei'Art:\ient ok State,

Wanhiiifftoii, April L'(», 1S7S.
Siu : Keferrinij to the instruction iornierly addressed to you in rein-
tion to the interference, l)y certain tishernien of Newfoundland, with
Americans enjja^ed in the herrinj; tishery at Fortune Jiay, duriiifjtlie
past winter, I now inclose for your further information, a. copy of a (lis
patch of the 2d instant, No.({(»,on the subject, from the commercial a^'i'iit
of the United States at St. Pierre, Miquelon.
I am, &o., , ■• .■■f;, ;'.'•■■ ^.'■■' ■

WM. M. EVAKTS.

Iliiclosiiro with No. 07.)
Mr. McLaughlin to Mr. Seward.

No. (>(j.j COMMKRCIAL AOISNCY, U. H. A.,

St. Pinrre, Miqudon, Ainil'i,\*i'ii.

Su! : I liiivo tho honor to nckiiowledjto roceipt of ymir dispatcli (No. 4'J) uiHli'rduiti
!;21st bV- 'uiry, from wliidi I Iciirii that a report has Wvw mudo to tho D(4)artiiifiit
of Stat () tilt) clfcct that a luimhdr of Aiiicric^an vessels ha<l been obliged to \v\\\r
Fortune ilay on account of th(i autajjoiuHni of the li.sliornien in that bay, wlio "cm
thoir cables and set their vesBcls adrift; " and further, that "Honie fourteen or iiiimo
vesselH (American) had b(^en compelled by the natives to retire from the bay'' willi-
out their cargocH, and that "Captain .Jacobs, of schooner Mohcs Adams, had Iktii
eoin))ollod to dofond himuelf and vessel from tho UHsaults which were made iiimii
liim."

I lM;g,very respoctfnlly, to observe that Long Harbor in Fortune Bay, tho locality
in which tlio diliiculties occurred, is distant from St. Pierre about 1)0 miles, and tli.ii
during the winter months there is almost a complete cessation of conununi(!atioii lif
twtMMi that liarbor an<l St. Pierre, and that no intimation of the matters alluded to in
your dlspaleh v,\\\w to my knowledge until through the Newfoundland and Nova
Scotian Journals, long after the ditllculties occurretl, whiidi will account for ny not
having made it my duty to report to the Department on tho subject.

Since the reception of your disjiatch, which came to hand on Ulst. March, I liave
been enabled to (ditain information from several parties, and among others, liom an
eye-witness to the imitter in which Captain Jacobs was an actor, and tho l'ollo\viii|;
(or as nearly as I can obtain it) is, 1 believe, reliable information :

On Sunday, January i:$, three crews of American schooners, assisted by n"in« I
Newfoundlanders, put out their seines to haul herring ; they all succeeded in gottiui! |
large qnantities in their seines, when tho fishermen of the bay (Newfouiidlanileh)
gathered together and went to each of tho captains and demanded that they slioiiid
lot the h'lrri ng go outof their seines, under the pretext that as tlio.\ (the natives) diiluoi
Boino pa the Sabbath, an^ »8 it wj^s contrary to law, they would not allow it to be I

tMEN.

ALLEQEU OUTKAOE UPON AMERICAN I'lSlIERMEN.

\F)d

tain Amcrioaiis
• your iuforina-
;. .lolin's, wliicli

lit tllilt plilCl!,

WAUU,

in(j Scrrtlary.

o. 1, Ap|H'll(lix

It No. 2(5.)
Uimscy, see No.

[i" State,

l/>n7 L'(i, 1S78.
1 to you in rolii-
foundlaiMl, with
Hay, tluiiu}; the
:i copy of ii (lis
)uiinercial ii<,'eiit

M. EVAUTS.

Y, IT. H. A.,

Ion, April '2, 1«T8.

No. 4D) miller (liiio

tlio l^iipart incut

II obliged to IciiW'

lut bay, who '•cut

I'oiirtci'ii or iiioM

II the biiy" witli-

Adam.s, liad licni

were uiude iiihiii

Buy, the locality
)0 luileN, and tliiit
>iiiiniiiiieati(iii lit^-
vttcrH alluded to in
ndlaiid and N"va I
count for ny not
t.

ilHt March, 1 liavn
\>i others, I'nuii uii
anil the rollowiiij; I

assisted by h'HH"
ccoeded in ^'^•''"1! |
NewfoutidhiiKlers)
I that t hey nIii'iihI |
honativeH)diiluoi

not allow it to be

l,l„„o by fort'lgners. Tho flrHt captain they addresHed (Capt. .lames McDonald, of
hi'Ikmiiiim' 1'. A. Hiiiith) auceded to their deinandH and took up his setiie ; tiie secoiwi,
('ii|ilaiu .lat'idm, of seliooner Moses Adams, had in the mean time run his h<M'rin}{into
uimtlur seine bi'Ion>;ini; to asoine-inast.T (Mr. Karroli, of I'oitiiiie H,iy, who >vas work-
ing wilii liim, and whii'li was moored inside of his own); he took up liis own seine into
liJH litiat, but refused to let the hi^-riiif; out of the olhia* one. On some tlinMitening
lini'iia^e bein)( used by the nsherineii, he drew a revolver and declared he would

I (tlidol till' lirst man who would seek to injnn* him or his seine; he llnally row»(d
iiliiiai'it ids Ncliooner, wiiich was moored at a short distamu*. The natives then went

I toCaptaiii Da^o, of the sidiooner New Enjfland, and demanded that he should trip
liiHKriiie anil let out the herring ; this he linnly refused to do. Tito lishermen then let
tlii< licrriiig out and hauled the seine ashoi'e and rnu it up the beach, tearing and
liicakiiig it in iiieees.
l''ioiii what I t^aii lenrn,, the Htatement that the schooners were obliged to leave tho

I iiiiy on aiMdiint of the antagonism of the natives, is inexact, as they still eontinned to
fry (lining the wetdi-days with the same seines (exiiejit Captain Dago's, which wasilo-
Htioyid) for a fortnight or more after the before-related oeenrrem^es without any liMi-
ilcniiice whatiwer on the part of the natives, and it is asserted that it was owing to the
I'xcei'ilingly mild season and conse<iiient intpossibility to freeze herring, for which pnr-
iiiiM^tlu^Hciiooners alluded 'o were fitted oi.t, that they left withont their caruoes, ami
that considerable herring had been taken from time to tiiuo, but after having tried
(i) Ihiezo tliein, they were r'peatodly obliged to sell them to tho vessels loading salt-
iicrriiig. This reason appears to be very lik<?ly tho correct one, as I can hear no ae-
(iiimt whatever of any vesstds having had their cables cut, or wf any other serious

IdiDlciiIty having occurred othi^r than the one i.llnded to i:Uh Jannary.

Ill the winter of lH7()-"77 a similar case ot^enrred, one of the American Hoinos being

I ])iit out on Sunday by the crew, in charge of a Newfoiindlamler as soino-niaster, .lore-

liiiiali IVtites. The piMiplo of tlio liay demanded that tho seine should not be hauled,

I ami it was accordingly tripped and taken up by the owners, no further dit!ioulty oc-

|ciin'ing.

1 make these observations in order to show as fully as possible tho probably real

Ifitatu of the matter, ami nnd(!r 1 ho im))ression from all I can hear that the reports

liiiade to the department, and an related in your dispatch, are more or less incorrect.

|I iliiiik there exists a very decided feeling of hostility on the part of tho Nowfouud-
landers to tho use of the large seines by American tisht!rinen in their waters, bnt have no

Iriiisnn to bidieve that any action has evw' been taken to prevent their hauliug or to

liiijiin! tlioin in any way, except when hauling on Sunday ; at the same tinio it is quite

Ipniiialile that they have seized on the occasion thus otl'ored to show their dislike to

jgeines being used by Americans in competition with tliair own.
1 have the honor to bo, air, very rcspecdfnlly, etc.,

w. F. Mclaughlin,

Vice Commercial Agent, UnUvd States o^ America.

Document No. 4.
Mr. Uoppin to Mr. Evarts.

^0. 5. 1

' , Legation of the United States,

London, May 4, 1878.

Sill: Kt'ferring to instructions Nos. 3.5 anil 55, from the Department
of Stiito, dated ou tho 2d of March and (ith of April respectively, in re-
lation to the allejfed interference by tho inhabitants of Long Harbor,
pewfoinidland, with certain Americans engaged in tho herring fishery
Itlieic, I have tho honor to inclose a copy of tho correspondence on that
piibject which has passed between this legation and tho British roreign
')llicc.

hi the absence of directions to that oft'ect it has boon thought neces-
feary to send to Lord Salisbury copies of the further evidence iu rela-
liou to the matter inclosed iu Mr. Seward's No. 55 of the 6th of April
last.

I have, etc.,

WILLIAM J. HOPPIK.

IHO

ALLEUliJJ UUTliAUE Ul'ON AMliKlCAN FISHEBMEN,

M

mir.

[Iiiclosuro 1 with Xo. 5.]

Mr. Welsh to Earl of Derby.

Legation of t)ie United States,

London, March ID, 187H,

My Loitn : I havo the lioiior to jicqmiiut your lordship that complaints have I
niK^hcil tlio Dcpartiiioiit of Stato at VVashiugton of serious interference with American
liHtieiMKMi eii<r.if;e(l during the present season iu the herring fishery on the coast of
Ni'wtotindhiiid. especially in the iieij^hborhood of Long Harbor. The complaintj
come from various sources: first, from the United States consuls in that province
the consuls couliuiup; themselves, however, to fjfeneral statements based on represout!
at ions made to tliem by fishermen immediately a I ctod at the time of the occurreiicei
which form the ;j;roun(ls of the complaints. Still more {ocontly, however, these
complaints have been pnjl'ened in a more spec i lie manner, supported by aflidaviu |
of the masters of several tiwliinj^ vessels owned and fitted out at Gloucester, Mass,

Krom these stal.eii.cuts it appears that, about the (ith of January last, no less than I
eifjlit schoouors from the aoove-namcd port, while engaged in the herring fishery at
and in the neighborhood of Loug Harbor, were attacked by the inhabitants to the
number in one instance of GO men, and in another 200 or more, and their seines, which
were set, and in most cmscs full of lish, cut and destroyed, and the lish in one case to I
the amount of 5,000 barrels, and in others only less in quantity and value, scattorcill
and run out to sea, resulting, besides the great loss of property, in the vessels beinn
obliged to return to th(;ir home port in ballast, and also to abandon their fishing I
enterprise for the season. I

When it is remembered at what considerable expense the preparations are made I
for a season's fishing in these nortbern latitudes, and that very many of the men, both I
masters and mariners, embark their all in the enterprise, the sorioua character of|
these losses may bo partially uiuh^rstood.

Instructions have l)eeu sent to the consuls to transmit fuller information on tliesub- 1
jeet, and I am advised that this will be furnished to mo so soon as it shall havo bc«n
received by the Department of State. I

In the mean time, I am instructed to bring the matter to the attention of Hetl
Majesty's Government, and to reipiest that it will cause au investigation to he made I
into the alleged facts of the case, and adopt such measures as may be found neces-sarj I
not only to put au end to the evil, but also to prevent a recurrence of acts which, in I
addition to the injuries and losses by individuals, may have a tendency to complicate!
tlie good relations which so happily subsist between tho Goverameut of the United j
States a'rul that of her BritanLic Majesty.

I have, &c- ^, . . . •

JOHN WELSE

[Iiiclo3ure2in Ko.5.] ■

Lord Derby to Mr. WeUh.

Foreign Office, March 25, 1878,

Sir : I havo the honor to acknowledge the receipt of your letter of the I'Jth instant,!
stating that you have been iustnuited by your government to make a representatioil
to Her Majesty's Government relativj to the differences which liave arisen betwttnl
British and United States fishermen on the coast of Newfoundland, and I havetoin[
form you in reply, that the matter shall receive due consideration.

I have, &c,,

' • DERBY.

■ ' [luclosiirii y with No. 5.1

7^, ,;, . Lord Salisbury to Mr. ITopjnii.

FouEiQN Office, May '.i, ISTt*.
Sm : I referred to Her Majesty's secretary of state for the colonies Mr. Welsh's lettwj
of the I'Jth of March, upon the subject of the disputes which had taken place hetweeil
British and United Stales fishermen on the coast of Newfoundland, and I have tbfl
honor to acquaint you that l.ani informed that imiuiriesare being instituted iiitothtl
matter both by the authorities of Newfoundland and by the senior naval ofWcer onthfl
Btatiou, on learning the result of which I f hall havo the honor of addressing a furttej
communication to you. tquiipv

I have, &c., SALI8I3UK1.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

161

JOHN WELSH,

Document No. 5.

Mr. F. W. Seward to Mr. Welsh.

fjo. 125.J Department of State,

Washington, August 13, 1878.
Sib: Referring to Mr. Hoppiu's dispatch No. 5, of the 1th of IVfay
lust, ill refjarcl to the interferouce by certain inliabitauts of the coast of
Newtoiiudiaud with American tishermen, in which it was stated that an
investigation was being made into the matter by the colonial anthorities,
and tliat the result thereof would be communicated to the legation, 1
desire to be informed, in the absence of further intelligence from you
upon the siil)ject, whether you have received any additicnial i)articuiars
from tl'c British Government. If not, you are instructed to recpiest Her
Majesty's Government to advise you of the progress of the iucpiiry. You
will transmit whatever information may be obtained to the Depurtr.jut.
I am, &c.,

F.W.SEWARD,
; ^ ' Acting tSecreu r I!.

Document No. G.
Mr. Welsh to Mr. Evarts.

m. 132.1

Legation of the United States,
London, August 134, 1878. (lieceived September 4.)

Sir: Referring to your Nos. 33, 55, and 07, and to Mr. Moj»pin's No.
|5, relating to certain alleged outrages upon American lishermen com-
Imitted on the coast of Newfoundland, I have the honor to inform you
Itliat 1 have received a note from Lord Salisbury, inclosing the report of
Icaptaiii Sulivan, of her Majesty's ship Sirius, upon these occurrences.
Il transmit herewith copies both of Lord Salisbury's note and ot' its iu-
Iflosure.

I have, &c.,

JOHN WELSH.

I IiicloHure in Ko. 132.]

Lord Salisbury to Mi: Welsh,

FoiuoiGN OVFicE, August '23, I87ti.
Siu; llcr MiiJGsty's Govornnicnt have luid niidcr their considoiatioii your letter of
(lie mill of March, iiiakiiijj ropresontations relative to certain (listurbancen which oc
iiiii'd ill January hist, between British and lJnit(!(l Htates fishernioii at Fortune IJav
bii Ilit^ coast of Newfoundland, and rofiuestinjjf, in acconhmce witli the instructions of
lour ftoveruuicnt, that an investigation nii<;ht be made into the aUejjed facts of the
pisc; and I liave now the Voi'or to transmit to yon, for yonr information and for vxmx-
pmnicatioii to yonr government, the accompany ing copy of a report <lr:iwn u|) l)y Cap-
liiiii .Sniivan, R. N., o" Her Majesty's ship Sirius, tlie ofllcer iutrnstcd witli the duty
ft' instituting an inqniiy into tlio matter on tiie spot.

Yiin will perceive thiit tlie report in (piestion ap))cai"8 to demonstrate conclusively
jiwl I 111' I'liited States fithermen on this occasion had committed three distinct breaches
It lliti law, and that no violence was used by the Newfoundland fishermen except in
Bii' case of one vessel whose master refused to comply with the request which was made
1)111111 that he should desist from fishing on Sunday, in violation of the law of tlie
felony, and of the local custom, and who threatened the Newfonmliand fishermen with
jrcvolvor, as detailed in i)aragrapLs five and six of Captain Sulivau's report.
I have the honor to be, &c.,

SALISBURY.
S. Ex. 113 11

r'^SffT'

162

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

[Appendix to incluauro iu Ifo. i:i!i. I

Report on the differences that arose between British and I'nited States fishermen in Januan
1678, by Capt. George Lijdiaard Siilicun, of her Majesty's Mj) Sirius.

Having carefully weighed the e%'i(lPiico given on oath beforo nio by Nowfouiullani I
(ishernien jtreHent at the time, together with that inclosed in thu conespondeiicel'ot.l
\yardt'd for my perusiil, I am of opinion —

1. Tliat tlio AniericaiiH were using Heiiies for catching herring on the Gth of Jaiiuarv I
1H78, in direct violation of Title XXVII, chaptt^r 10*, wei Moii I, of the coiisolldut).,!
statiitcH of Newfoiunlland, viz : " N(t jnu'son sliiill hanl or take Inu'ring by or in a mn\
or other such contrivance on or near any ))art of the coast tiftliis colony or of itsili-.
pendencies, or in anv of the bavs, harbors, or other places therein, at any time between!
the '-iOth day of October and the Sr.th day of April."

■i. That the American captains were setting and putting out seines and haidiiig a
taking herring on Sunday, the (>th January, in direct violation of section 4. clmi),
of the act passed 'itith April, 1h70, entitled "An act to amend the law relating tiMliel
coast lisheries," viz: " No person shall, between the hours of twelve o'clock on ,Siii.|
urday night and twelve o'clock on Sunday night, haul or take any herring, ca|i
or squid with imt, seines, bunts, or any such contrivance for tlu! purpose of siicll
hauling or taking."

:i. That they were barring fish in direct violation of the continnanco of tlio suiuei
a(!t, Title XXV'II, chaj). U)2, section 1, of the consolidated statutes of NewfoniM
"or at any tium use a seine or other contrivance for the catching or taking of herrings.!
except by way of shooting and forthwith hauling the same."

4. That, contrary to the terms of the Treaty of Washington, in which it is esprciwlti
j)rovided that they do not interfere with the rightsof private projjcrty or with Britistr
lishernuMi in the peaceable use of any part of the said coasts in their occujjancy for thel
same ])urpose (see article 18 of the above-nanuid treaty), they were lishing illBfjallvT
interfering with the rights of British lishernien and their peaceable use of that pan|
of the coast then occupied by them, and of which they wert^ actually in possessinii-
their seines and boats, their huts, gardens, and laud granted by govern men t being >iij
uated thereon.

Jij It is distinctly shown in theevidenco that the causeof the ditferencocorameiitpdl
with the Aniericnus by their |»ersjsting in shooting their seines on the Sunday, asthJ
Englishmen who worked tor thein would not do it on that day, not only on accoiiutof]
its being illegal, but of their religious regard for the Sabbath, which is always striclljl
kept by them, and, although it must be observed that the result of this illegal tL4l
ing would have been that the Americans would have secured the wholeof th(> lierrinJ
in the bay on that day, to the exclusion of the rights ami fair chances of all theotliffll
during the week, yet there is no evidence to prove that this or anything else l)iitll»|
fa(;t of its being Sunday and the law and custom among tluiuisclves regardiugiJ
promi)ted them to demand that the seines shoidd be withdrawn.

t). It is shown by the evidence of all those witnesses present at the time whou tbl
Americans were remonstrated with, and told to lake tiu'ir seines ui> prior to aii.v »\
rious ste|>s being takiju, and it is also distintitly proved that no violence was resortell
to until after the exasperating conduct of Cai)tain Jacobs, the American master of il
schooner concerned in this illegal lishing, who threatened them with a revolvirr
they ])revented him or interfered with hisseiue.

7. It does not apjjcar that the native lishernien were aware of the illegality of liaiill
ing a seine in the month of January. It is, therefore, to be presumed that t lid AiiwJ
leans were also ignorant ofthat law, although theirignorance can not exoneiatiiiin'J
from the breach, nor does it (exonerate John Hickey, an Englishman, who is cliarddl
with the same olf'euse, and whom it is my intention to summon before me to iinswn]
to that charge.

H. The stateuumt of the Americans that they were com])eIled to leave the liarln
and leave oft'tishing is entirely without foundati<m, which is i>roved by the evi(im|
of those exaii'.ined before me, among whom was Mr. Snellgrove, collectiu' of ciisloro
who was there a week after the occurrence, and communicated with them, andliylli^
evidence of others to the effect that they remained for about a fortnight or niof
" until the herring slacked," and, with respect to their loss '>f the haul of hcrrinfili!
the seino being emptied, tlie fish were not tlieir lawful property, having been ill*j
gaily caught.

In support of this view of the conduct of the Americans, I am not only boriieoij
by tho evidence of the Eortnii'? IJay fishermen, who made their statements in iii
markably frank and straightforward manner, but by the self-conlliiting evideiiMJ
those very Americans themselves, whose depositions given on oath show tliom j
have been illegally iishing, and who were liable thereby to the forfeiture of thaj
seines, nets, &c., by chap. IO::i, sectiou 12, of the consolidated statutes.

GEORGE L. SULIVAN,
Captain and Senior Office- \

. J<*

LMEN.

ALLEGED OUTKAGE UPON AMERICAN FISHERMEN.

163

lermen in ./aiiimrj,
p Siiiw-

by Ncwfoundlaiiil
Dn'ospoiulinicufcr-I

;\io 6th of Jiinuary, |
tho coiisolidiiM
iiifr by or ill asfiinl
!oli)iiy or of its (^
bany'time bctweciil

leHmulliaulingiiiiill
section 4, cliiip.
law r<'liitiii;j;tiitli(l
ivo o'clock oil S;ll-|
iiy luTiiii};-, ciiiiliii,
hi', j)uri)08e of suck]

imauce of tlic saiMl
w of Nt;wfoni'illai)il,[
.-taking of lierriug«.

.vhich itisexinwhl
perty orwithBritislI
>iroccui>aucyfortliel
ore tisbing illegallyl
iblo UNO of that patl|
;uaUy iup^sscssioii-
rovcrniucntbcingsitl

liflVrcncocommeiKfil
ontbcSumlay.astlitl
lot only on accoiuitoll
licb is always striolljl
It of tbiH ill('i;alti.4l
iwliolooftbchcrrin!!
iiiicesofalltliootlwl
iinytbingelaebutthtl
iiisclvcs i-egardiug ill

t the time when tkil
Is ni> prior to any »l
[iolcnco was resorteil
kmoricaa niasttjiofij
\m with arcvolvtTiI

tbo illegality of liaiij
Lnun.MUbattli.'Aimij
Innotoxoncrati'tM
(man, wlio i« 'liiifUl
1 before nie to

;i|»Itfl

to leave tlie Imtli

loved l)V tlie evuku

collector of cnalon

/ith them, and In- in
la fortnight or ui<«
lie haul of herrini:'

Jy, having been i«t

In not only horn.' »'
statomentu ni:"
Inllicting evidPiiM
1 oath Hhow tlicio
1,0 forfeiture of tW
itutes.

JL. SULIVAN,
In and Senior OS^ctt-

DOCtlMENT No. 7.

Mr. Erarts to Mr. WehTi.

}No. loO.J , , - Department OF State,

Washington, September 28, 1H78.
Sib: I received in due course .your dis|);it(;li of Au^jnst 24 ultimo, in-
closing,' Lord Salisbury's reply of the British Government to the repre-
sentations that had been made to it as early as March last by you, utuler
instructions from the Department.

I must understand Lord Salisbury's note, accompanying the copy of
l^aptiiii Sidivan's report, which he communicates to this frovernment, as
adopting" that naval officer's conclusious of fact respecting the violent
injuries which '^ur flshiugf-Heet suffered at the hands of the Newfound-
liiMtl lishing po])ulation at Fortune Bay, in January of this jear, as the
jaiiswor which Her Majesty's Government luiikes to the i-epreseutations
laid before it on our part, verified by the sworn statements of numerous
[and respectable witnesses.
Ilislordshii) has not placed in our possession the proofs or depositions
liich form the basis of Captain Sulivan's coiicluj-ions of fact, and I am
luiiablo, therefore, to say whether, upon their consideration, the view
pvliieh this government takes of these transactions, upon the sworn
statenuMits of our own respectable citizens, would be at all modified, in
tilt! iib.sence of these nuiaus of correcting any mistakes or false im])res-
iions which our informants may have fallen into in tlieir narrative of the
jfads, it is impossible to accept Captain Sidivan's judgment upon undis-
jjoscil evidence as possessing judicial weight.
You will, tLarefore, lay before Her Majesty's Government the desire
liidi this government feels to be able to give diu», weight to this oppos-
[iijj evidence, before insisting upon the very grave view of these injuries
liiicli, at present, its unquestionable dufo' to the interests which have
JiilVered them, and its confidence in the competency and sobriety of the
[iroot's in our possession, compels this government to take. Should Her
lajesty's Government place a copy of the evidence upon which Captain
pidiviui bases his report in your hands, you will lose no time in trans-
mitting it for consideration. I regret that any further delay should thus
Jitenene to prevent an immediate consideration of tliQ facts in the niat-
;i by the two governments in the presence of the same evidence of those
lets for their scrutiny and jiulgment.

i>!it a careful ttontion to Lord Salisbury's note ditscovers what nuist

regarded as a.i expression of his views, at least, of the authority of

provincial legislation and administrative jurisdiction over our fishermen

liiu the three-njile line, and of the restrictive limitations upon their

s on these tishing-gnminls under the Treaty of W ashington. Upon

1) spect of the evidence, on one side and the other, as qtudifying the

loll acts from which our fishing-tleet has sntTered at the hands of the

lowtiindland coast fishermen, the views thus intlMiatctl seem to this

|overnment wholly ina<lmissible, and do not permit the least delay on

ujiart ill frankly stating the grounds of our exception to them.

Tlid report of Captsun Sidivan ])resents, iis a jusiili* atory support of

faction of the Newfoundhmd sliorefishernu'n, iir breaking uj) the oper-

[ionsof our fishing-fleet inside the three-n)ile line, at the times covered

♦lu'sc transa(!ti()ns, the violation of certain inuni('i(>iil legislation of

|l'^'(■\v^oundland (iovernment which, it is alleged, our fishermen were

the art of committing when the violent interruption of their iiulustr/

curretl. 1 do uot atop to point out the serious distinction between the

&^ ■

fff

164

ALLEGED OUTKACIE Ul'ON AMERICAN FLSIIERMEN.

iiji ;

pB'i

ofticial and. judicial execution of any 8uch laws and the orderly enforce,
nient of their iienalties after solemn ti'ial of tbo riglit, and the rage and
predominant force of a volunteer multitude driving oft" our peaceful oc-
cupants of these Ji.shinjj jjrounds purnuinj>' their industry uiuler a claim
of ri}>ht secured to tiieiii by treaty. 1 reserve this nuitter for a complete
examination when the contlicting proofs ar»', in my i)ossession.

1 shall assume, for my i)resent purpose, that the manner of exertini;
this sui)i»osed provincial authority was oCQcial, judicial, and uiiexceii-
tiouable.

I will state these justifications for the disturbance of our lishinjj-tieet
in Captain Sulivan's own lanj^uage, that I may not even inadvertcutlj
impute to Lord Salisbury's apparent adoption of them any greater sig-
nificance than their very language fairly imports.

Captain Sulivau assigns the following violations of law by our fisb I
ermeu as the grounds of rightful interference with them ou the occasion |
in question: .; , ■■]•■

1st. That tlio AiiicricaiiH wore using Roinos for catching herring on the Gth of Janii- 1
ary, 1p78, in direct violation of 'J'itic XXVII, chapter 102, section 1, of the consuli-
dated statutes of Newfomidhind, vi/, : "No j.'tsoii shall haul or take herring iiyorin I
a seine or other such contrivance on or near any part of the coast of this colony urof I
its dependencies, or in any of the bays, harbors, or other places therein, at any tiiiiel
be.twe(Mi tiie *JOtii day of October and the 25th day of April." ' I

2d. Tliat the American captains were setting and putting out seines and liauliiijl
and taking herring on Sunday, the (Uh January, in direct viohition of section 4, ciiapl
ter7, of the net jiassed 2Gth April, IHTd, entitled "An act to amend the law relalii]|!l
to the coast fisheries," viz: "No person shall, between the hours of twelve o'clockoil
Saturday night and twelv«! o'eleeK on Sunday night, haul or take any herring, caplit,!
or squid, with net, seines, bunts, or any such contrivance for the i)urposo of siieij
hauling or taking." I

:{d. That tluiv were barring lish in direct violation of the continuance of tliesami
act, Title XXVn, chapter lOJ, section 1, of the consol dated statutes of Newfoniiilj
land, '' or at any time nse a seine or other contrivance for the catching or taking ol|
herrings, cxce))t by way of shooting and forthwith hauling the same."

4th. That contrary to the terms of the Treaty of Washington, in which it is c\-|
pressly ])rovided that they do nok interfere with the rights of i>rivate propertyorl
with British (ishermen in the peaceable nse of any part of the said coasts in tliritl
oeenpancy ibr the same purpose (siie Articlt» XVIII, of the above-named treaty), tlujl
were fishing illegally, interfering with the rights of British lishernien and then iie,w|
able use of tiiat part of the coast then occupied by them, and of wliich tliey wirfl
actually in possession — their seines and boats, their huts, gardens, and land ;;rauuii|
by goverunieut being sitmited thereon.

The facts which enter into the oflenses imputed uiuler the first,, .sccniidJ
and third heads of Captain Sidivan's statement, and such offenses tliujj
made out, would seem to be the only warrant for his conclusion
his fourth head, that the United States fishernten have exceeded tlieij
treaty right, and in their actual prosecution of their hshing were, wheij
interrupted by the force complained of, iuterferi.ig with the rij;litsi
private property or with B'ltish fishermen in the peaceable use of
I)artof the coast then being in their occupancy for the same ])iiri)osii
contrtiry to the jjroviso of Article XVIII of the Treaty of Wasliiiijito^

It is no part of my i)reseiit jturpo.se to point out that this allo;,a'(li
fra<'.tion of tlu^ reserved rights of the local fishermen does not jusdO I
methods of correction or redress used to drive off our flsheniieii iiol
break up tiieir prosecution of the fishing. This may be reserved all
for (lisctissioii when both governments hare a fuller knowledge of i
actual circumstances of the transaction.

in transmitting to you a(!opy of Captain Snlivan's report, Loitl Siilj
bury says : " Voii will perceive that the report in question aitpearsj
demonstrate conclusively that the United Stiites fishermeu on (liis
sion had committed three distinct breaches of the law."

■44m

N.

ALLEGED OUTRAGE UPON AMERICAN PISITERMEN.

1G5

rly enforce-
he rage awl
peaceful oc-
ulev a claim
V II complete

01).

• of exertin!!
uil iiiiexceit-

r tisbing-tleet '
iiadvertcutlj-
y greater sig- '

sv by our fisli-
X tlie occasion I

tbe Gtli of JaiHi-
L, of tlio consoli- 1

Ftliis colony""' I
jrciii, at liny time I

sines and liaul'ms
of Bcction 4, eliap-l
I tliclawTelatiu?!
"twoWo o'clock oil
ay hcrrin-!, caplioJ
le i)urposo ot sucli|

,u anco of tlic saml
ntes of Nowfom«l-I
Ichhijj; or tiiking oil

inc..'' I

in whicU it w «l
.rivate iiroiiertvoil
laid coasts m tlwl
i;uiuMUvciity),tlu!l
leu ami then iieacel
r which they wnl
. and land iiiauwl

Itho first,, sccniilJ
Veil offenses tliul
[onclnsioii wm
|c exceetleil tlieil
lliing were, wliei

Ith the risli^V
lablc use c.f W
le s ame imri'^s
of Wasliiii?t',
,this aUe^anlii
jin not justify"
Ir tishernieii aj
Ibe reserved nil
iuo\vledt;«of'

[port, U)n\^^
Istion i\\)\wA^^
Imeu ou llii'^"''

5?

In this observation of Lord Salisbury, this government cannot fail
to -see ii necessary implication that Her Majesty's Government conceives
tiiat ill tlie prosecution of the right of fishing accorded to the United
States by Article X VIII of the treaty our fishermen are subject to the
liicai regulations which govern the coast populatiou of Newfoundland
ill their prosecution of their fishing industry, whatever those regula-
tions may be, and whether enacted before or since the Treaty of Wash-
iiijfton.

Tiio three imrticulars in which our fishermen are supposetl to be con-
straiue*^ by actual legislation of the province cover in principle every
(legrce of regulatiou of our fishing industry within the three-mile line
wliicii can well be conceived. But they are, in themselves, so inii)ortant
1111(1 .'•<» serious a limitation of the rights secured by the treaty as practi-
cnlly to exclude our fishermen from any profitable pursuit of the right,
wliicli, I need not add, is equivalent to annulling or cancelling by the
Provincial Government of the privilege accorded by the treaty with the
Driiisii (jovernment.

II' our fishing-fiect is subject to the Sunday laws of Newfoundland,
iiiade lor the coast population ; if it is excluded from the fishing grounds
lor lialf the year, from October to April; if our -'seines and other
contrivances" for catching fish are subject to the regulations of the
k'ljislature of Newfoundland, it is not easy to see what firm or v.aluable
iiioasure for the privilege of Article XVllI, as conceded to the United
Stall's, this government can promise to its citizens under the guaranty
of tlie treaty.

It would not, under any circumstances, be admissible for one govern-
ment to subject the persons, the property, and the interests of its fish-
cinien to the unregulated regulation of another government upon tiie
sii^'gestion That such authority will not be oppressively or capriciously
oxoiciscd, nor would any government accepi: as an adequate guaranty
iof tlie proper exercise of such authority over its citizens by a foreign
igovorninent, that, presumptively, regulations would be uniform in their
|o|n'iiition upon the subjects of botli governments in similar case. If
here are to be regulations of a common enjoyment, they must be au-
lieiiticateil by a comnson or joint authority.

iiiit most manifestly the subject of the regulation of the enjoyment of
Itlic shore fishery by the resident provincial ])oi)ulation, and of the in-
:liore tislicry by our fieet of fishing-cruisers, does not rolerate the con-
rolot' so divergent and competing interests by the domestic legislation
if the i)rovinces. . Protecting and nursing the domestic interest at the
xpeiise of the foreign interest, on the ordinary motives of human con-
iiet, necessarily shape and animate the local legislation. The evidence
ii'fore tlie Halifax Oommission makes it obvious that to exclude our
isliennoii trom catching bait, and thus compel them to go without bait,
irlniy bait at the will and priceof the provin<',ial fishermen, is the inter-
(st of the local (ishernuMi, and will be the guide and motive of such
loiiiestic legislation as is nowbroughtto the notice of this Government.
Voii will theretore say to Lord Salisbury that this Government can
lut hut express its entire <lissent froih the view of the subject that his
iiiisliip's note seems to indicate. This Government conceives that the
[sliory rights of the United States, conceded by the Treaty of Washing-
III, are to be exercised wholly free from the restraints and regulations
tlie statutes of Newfoundland, now set u]) as authority over our fish-
iiioii, and from any other regulations of fishing now in force or that
i«,\ hereafter be enacted by that government.
It may be said that a just participation in this common fishery by the

5f»rir

\r:v

166

ALLEGED OTITRAGE tTPO^f AMERICAN FISHEUMEN.

two parties entitled thereto may, in the common interest of preserving
the fishery and preventing conflicts between tht^ fisljernien, require rcgu
lation by soinecompetent authority. This may be conceded, I5ut should
such occasion present itself to the common aj)preciafion of the twoGov-
ernments, it need not be said tiiat such competent authority can only bt
found in a Joint convention that shall receive the ai)proval of Her Maj.
esfy's (lovcrnnient and our own. Until this arran<?ement shall he con-
summated, this (lovernment must regard the pretension tl at the legjs-
hit oi, of Newfoundland can regulate our fishermen's enjoynent of tiie
treaty riglit as striking at the treaty Itself.

It asserts an authority on one side, and a submission on *;he other,
which has not been proposed to us by ller Majesty's Government, and
has not been accepted by this Government. I can not doubt that Lord
Salisbury will agree that the insertion of any such element in the Treatv
of Washington would never have been accepted by this Governriieiit,if
it could reasonably be thought possible tlmt itcould liave been proposed
by ller Majesty's Government. The insertion of any such propositioii
by construction now is equally at variance with the views of this (iov j
ernraent.

The representations made to this Government by the interests of our I
(jiti/ens affected leave no room to doubt that this assertion of autboiitv
is as serious and extensive in practical relations as it is in principle.
The rude application made to the twenty vessels in Fortune Bay of tins I
asserted authority, in January last, drove them from the profitable pros-
ecution bf their projected cruises. By the same reason, the entire in- 1
shore fishery is held by us upon the same tenure of dependence upon
the parliament'of the Dominion or the legislatures of the several Proy|
inces.

1 cannot but regret that this vital (piestion has presented itself so I
unexpectedly to this Government, and at a date so near the period at
whicli this Govex'utnent, u[)on a comparison of vi^ws with Her Majesty'sl
Government, is to pass upon the conformity of tlie proceedings of tlie
Halifax Commission with the requirements of the Treaty of Wasliiiijitou,
The present question is wholly aside from the considerations bearini'
upo!i that subject, and which furnishes the uopicof my recent dispatdj

fn the opinion of this Government, it is essential that we should <it|
once invite the attention of Lonl Salisbury to the question of provindiii
control over the fishermen of the United States in their prosecution ofl
the i)rivilege secui-ed to them by the treaty. So grave a (piestion, in itsf
bearing upon theobligationsof this Government under the treaty, niakesj
it necessary tliat the l^resident should ask from Her Majesty's Governf
ment a frank avowal or disavowal of the paramount authority of Pro I
vincial legislation to regulate the enjoyment by our people of theinslioi'ej
^'shery, which seems to be intimated, if not asserted, in Lord Salisl)ury'j|
note.

Before the receipt of a reply from Her Majesty's Government, it woiildj
be i)remature to (ionsider what should be the course of this Governnientl
should this lin)itation upon the treaty privileges of the United Stateslifj
insisted upon by the British Government as their construction of tliej
treaty.

You will communicate this dispatch to Lord Salisbury by readingtlii
same to him and leaving with hbn a copy.
I am, sir, etc.,

WM. M. EVARTS.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

Document No. S. .

' Mr. Erarts to Mr. Wehli.

167

^w *he otber,

yo. 174.] Department OP State,

W(inhin(fton, \oreinber H, 1878)

Sir : Your cable dispatch of this date, siviii^' a summary of the i)roin-
iiiciit points of the reply of Lord Salisbury to my communication of the
liStli of [September, has been dnly received. It is deemed proper to re-
serve comments thereon until the full text s'"ill be received by mail.

I am, &c.,

WM. M. EVAKTS.

Document No. 9.

Mr. Welsh to Mr. Evarts.

No. 159. Legation op the United States,

London. November », 1878. (Received November 20.)

Sir : I received from Lord Salisbury, late in the evening of the 7th
instant, his reply to your dispatch. No. 150, of the 28th of September
hist, in relation to tlie disturbance of American lishermen by certain
iiiliabitaiits of Newfoundland. I sent you by cable yesterday, in cipher,
sucli ii snnnnary of this reply as our limited time enabled us to prejjare,
:iiiil I now inclose two coi)ies of the letter in print, with which we have
bieii fiiniished thronsh the courtesy of the foreign oliice.
1 iiave, «&(%,

JOHN WELSH.

|lnoloHnre in No. 15!). |

The Marquis of Salisbury to Mr. Welsh.

Foreign Office, Xovcmher 7, 1878.

Snt; Her Majesty's Government, liave had nnder tl>.fiir consideration tbe dispatch

from Mr. Evarts, dated the SJrtth September, and conimnnicated to nie on the I'ith

iiUiuio, n'sj)ecting the complaints made by the Government of tlie United States of

the iiijmit'M sustained by American iishermen in Fortnne IJay in Jannary hist.

This dispatcli is in reply to my letter of the iilJd Angiist, in vvhicli I forwarded a

[ co]iy of the report furnished by Captain Snlivan, of Her M.-ijesty's Sliip Sirins, on the

[ nc'cnvrenccs in question. Mr. Evarts now remarks that the United States Government
have not been put in possession of the depositions which form the basis of that report,
:inilaro unable, therefore, to say whether, npon their consideration, tlie view which
tlie Government of the United States takes of the.se transactions upon the sworn state-

[ nitnts of their own citizens wonld bo at all modiiied.

Iler Majesty's Government have not had the opportunity of eonsid^^ring the state-
iiieiitsin (piestion ; but the depositions which accompanied Captain Sulivan's roiwrt,

I and which I now have the honor to forward, appeared to them, in the ab.sence of other
testimony, to be conclusive as regards the facts of the case.

j Apart, however, from the facts, in respect to which there appears tr he a material
iliverginc)! between the evidence collected by the United States Government and that
collected by the colonial authorities, Mr. Evarts takes exception to my letter of the

1 211(1, on the ground of my statement that the United States (ishermen concerned have
'"■I'll s'nlty of breaches of the law. From this he infers an opinion on my part that

|iti!i{onipetent for a l?riti.sh authority to pass laws, in supersession of the treaty,

MmiiliiijI Anieriean lishermen within the three-mile limit. In pointing out that the
Amerinin tishernnni had broken the law within the territorial limits of Her Majesty's

[thmiinions, 1 had no intention of inferentially laying d«)wn any principles of interna-

I f

168

ALLKGED OUTRAGE UPON AMERICAN FISHERMEN.

tional law ; ntui '.>o ndvantagt' would, I tliink, bo gained by doing ho to a grratei
oxtcMittlian lliu fuctM <u (|ncKtion abHohitely reipiire.

I hardly l»elievo, Lowover, that Mr. Evarts would iudiHcnssiou adhero to the broad
doctriuo w'lich Home portion of his language would appear to convey, that no Hritish
authority liaH a right to i)aHH any kind of laws binding AmericaiiH who are fiHtijnKiii
liritiHh waters; for if that contiuition be just, the same dJHability applies d/orlioriu,
any other power, and the waters ujuHt be delivered over to anarchy. On th(! (iilur
hand. Her Mii.jesty's Government will readily admit — what is^ indeed, self-evidtiiit-
that Jbitish sovereignty, as regards those waters, is limited in its scope by the engage
nients of the treaty of Washington, which cannot bo modified or ad'ected by any
muniei|)al legislation. I cannot anticij)ato that with regard to these principles any
diflereiico will be found to exist between the views of the two governments.

If, however, it be admitted that the Newfoundland legislature have the riglit of
bintling Anu;ricans who tish within their waters by any laws which do not contravene
existing treatiert, it must further be conceded that the duty of determining the txirt-
enceof any such contravention must bo undertaiceu by the governments, and cainiot W
remitted to the discretion of each individual fisherman. For such a discretion, if exor-
cized ou one side, can hardl;, be refused on the other. If any Anu'rican iisherniaii may
violently break a law which lie believes to be contrary to a treaty, a Newfoundland
fisherman may violently nmi-itain it if ho believesit to bo in accordance with treaty.
As tlie ]>ointsin issue are fre(|nently subtle, and recpiire considerable legal knowiod;;?,
nothing but confusion and disorder could result from such a mode of deciding the
interpretation of the treaty.

Her Majesty's Government prefer the view that the laweuacted by the legislatnn'
of tiieeonntry, whatever it maybe, ought to be obeyed by natives and foreigners alilip
who are sojourning within the territorial limits of its jurisdiction ; but that if a law
has been inadvertently passed which is in any degree or respect at variance witliriglUi
(•onferred on a foreign power by treaty, the correction of a mistake so committed, at
ihe earliest period after its existence shall have been ascertained and recognized, isa
matter of international obligation.

It is not explicitly stated in Mr. Evarts's dispatch that he considers any recent acts
of the colonial legislature to be inconsistent with the rights acquired by the riiitwl
States under the treaty of Washington. I5ut if that is the case, Her Majesty's Govern-
ment will in a friendly spirit consider any representations he may think it rigiit to |
make njiou the subject, with the hope of coining to a satisfactory understanding.
I have, &.C.,

SALISBURY,

1

1

1

Hi

m

M

[Appendix 1 to iDclosure No. 150.]
Captain Sulivan to Vice-Admiral Sir E, Iiiglefield.

"SiRiu.s, St. John's, Newfoundland, June 19, 1878,

Sir: I have the honor to inform you that, in obedience to your orders, I left Ilalifai |
on Saturday, the 8th instant, and proceeded to Fortune Bay, for the purpose of inquir-
ing into the circunistauces connected with the quarrel between the English andAuier-j
lean fishermen in Long Harbor in January last, arriving olf Brunet Island on the
evening of Monday, the 10th. I anchored there for the night, the weather being thick,
with fogs gathering ; and on the evening of the Uth weighed and proceeded to Long I
Harbor, at the entrance of which the same afternoon I learnt that the Pert was at the
li(!ad of the harbor (about 9 miles off). I therefore proceeded through the narrows I
and anchored in 6 fathoms about 7 miles from the entrance, and observed the Pert I
anchored about :{ miles farther in, when I recalled her, and o.n the following day an- [
ehored in company with her 4 miles farther down off Tickle Beach, where we found |
the distiirbano! of January last had taken place.

2. On this beach are two huts, occupied by fishermen who witaessed the afi'air, :
having taken their evidence, which, with other evidence subsequently taken, will bej
forwarded with my report hereafter, we proceeded to Metter's (Jove, whore a fisbcr-f
man nam(!d Tliarnell and another were examined on the same subject.

'.{. From inibrmation given by them I proceeded to St. Jacques the same afternoon, I
where, from Mr. Snellgrove, subcoUector of customs, who was present at Tickle Bead j
shortly after the disturbance, and others who had witnessed the whole transaction, I
obtained further important evidence, which, with my report, will be forwarded attbej
earliest opportunity when complete. I

4. There have been at these places several complaints made to me on various su^l
jects by some of the witnesses, disputes relative to land property, and reports of bar I
ling herring, one being that a seine had been laid for this illegal purpose, audhailj
beeu so for some days; in consequence of which I directed Captain Aitchisou topwl
ceed to the spot said to bo barred, and ascertain the truth of the information.

VIEN.

ALLEGED OUTRAGE UPON AMERICAN FLSIIERMEN.

169

MO to a RroiUei

lero to tilt! broad
,', that no British
'lio are riHhiiij;Jii
plies dfortiiiriU)
'. Oil tlic. otiict
1(1, self-evidmit-
le by till' iMigiiUf.

alVcctcd liy any
so priiifi))li'H any
rniiieiits.
avo the rij;lit of
io not contiavi'ue
•iniuiiig the exist-
its, aiiu cannot W
liscretion, ifexer-
an fialicrniaii may

a Newfoundlaiid
lance with tvcaty.
lp{;al knowloil^'e,
9 of decidiiit; the

by tho lectislatiiK
id foreigners alike
lint that if a law
Tiancewithriglils
eso coiiiniittt'd.at
lid recoKni^cd.iBa

3rs any rocpnt acts
red by the Uiiitcd I
Majesty's Govern-
y think it rifjlit to ]
nnderstandiiig.

SALISBURY,

June 19, 1878,
ders, I left llalifai |
[lurposeof iuqnir-
^nglisU and Auier-
luet Island on the
iather being thicli,
,)roceeded to Long
he Pert was at the I
ongh tho narrow I
observed tho Pert
following day an-
where we found

jsed the afl'iiir, anil
tly taken, will he
), where a lisbcr-|

ect. ,

liesamoaftemooD,!
ntatTickleBcacI
hole transaction, ij

0 forwarded at tht I

36 on various s
md reports of bat- 1

pnrpose, audWI

1 Aitchisoatop»|
iforniation.

f). The Pert rejoined at St. Jacqnes, and reported having found tho seine asde.scribed,
and taken jioNsession of it. In other cases of complaint, I was only ublo to take the
evidence of tiiose witnesses firc'sent at the time, bnt in tho abNenee of others away
tisiiing, I had to postpone the cases niitil my rotnrii from St. John's.

(), On Monday, the 17tii, I directed the Pert to jiroceed to SI. .lolin's to ecal, prii>r
to lief ii'iiving f;r the east coast, and tho same afternoon I left St. .'aiMines in this ship
linSf. .loliii's, where I arriveil yesterday at 7 p. in., the mail from lOnglniul lor Halifax
nrriviiig ;i few limirH afterward, and leaving early this iiKirning.

7, I mil nnnlile to forward more than this letttvr, as the report on the siihject of the
AiiiiTiiaii oiiinige is not complete; but the evidence is most complete, the witnesses
('oridlHirnling eatdi other, and goes completely to prove the Americiiis were entirely
in III"' wrong, and brought the (jnarrel on tlieinselve,s, lirst by illegally tishing, and
tiicii liy tlireatening them with a revolver.

e, I ioiind on arrival the Contest at anchor, aud the Pert arrived this murDlng, to
await Ciulher orders.
I have, etc.,

GEO. L. SULIVAN.

' [Appnndix 2 to nielosiiro in No. 159.]

Captain Suliran to licar-Atlmiral Sir E. Tnghfnld.

SiRius, St. John's, Jit/ieai, 1878.
Sin: In obedience to yonr orders dated the 8tli instant, in which I am directed to
ini|uir' into the differences which arose between Hritish and United Stat(58 lishermen
ill |'"(irtiine Hay in Jannary last, I have the honor herewith to inclose the evidence ob-
liiiiied from several witnesses, together with my report on the snbjecl, ; and, in further
iiMiiarkiiig thereon, desire to call yonr attention to those points in the evidence which
liiive led me to the conclusions contained in that report.

It will be seen therein that there are four statutes which bear on the subject, and
wliicli liav(! Iieen infringed by the American lishermen, viz : Act. cap. (i, lH7(i, inamend-
iiiei t of con.solidated statutes (1872) : cap. 102, the proviso of the same as regards
barring.
]!y the same act, 187(), sec. 4, and art. 18 of the treaty of Washington —
1. With respect to the first of these, the witness Silas Fudge says : " I witnessed tho
ilidtuibance at Long Harbor on Sunday, the (ith Jannary last; I am certain it was tho
(itb; I saw tho seines in the water, two of them Americans, again. Ho (i. c, Jacobs,
an Auiei iran) had his in tho boat ; ho had shot once and discharged his seine into Far-
rel's, wilt) was working for him."

,Iolin Clnett stated that he was in Long Harbor on Sunday in January last. " They
(the Americans) commenced hauling herring on Sunday about midday ; the lirst Ainer-
icau seine shot was that of Jacobs; there were two more American seines shot. He
(Jacobs) had just hauled herring and shot them into Farrel's seine, who was working
for him; we remonstrated about breaking the law and tishing Sundays."

All the evidence of the other witnesses is corroborative of tho above; and the fact
iseveii acknowledged by the Americans in their own evidence, as appears by the state-
I iiients inclosed in the correspondence on this subject. It is therefore evident that they
were illegally fishing, using seines, and hauling herring in Jiinuary last contrary to
the above-cinoted staiu.s, which prohibits tho same between the 2()th October and
ii'ith April ill any year.

I '■!. Tliat the American captains were setting and putting out seines and hauling and
taking herring on Sunday, tho Ijth January, in direct violation of sec. 4, cap. (i. This
I is proved by the evidence of all the witnesses.

Jolm Saunders says: "In Jannary last — one Sunday, I don't know tho date — the
j Amerii'iins laid out their seines, assisted by the F.nglish employed by them ; the New-
foundlanders told them to take them up, as ii was not legal their fishing on Sundays;
I there was no other reason for destroying nets but for fishing on Snnd.ays. They went
jtoMcCauley, who had laid his seine out for barring herring; the Newfoundlanders
[said it should not be done on a Sabbath day."

3. That tho Americans were barring herring, that is, confining them in tho seines
[for a considerable time, instead of forthwith hauling thein. liy the evidence of Silas
|l'ii(lj;o "Ho (Captain Jacobs) had shot oneo and discharged his seine into Tom Far-
' Is, who was working for him."

lolin Saunders says : ".lacobsupset his seine into Farrel's seine, who was employed
I by hini. Farrel was barring for the Americans, and was not allowed 1 Jacobs to haul
bis seine."

Mark IJolt. says: "The Americans do not bar flsb; this was the first time I ever knew
Itiieai to do so."

170

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

U : ;i

Kiolmrd Hendricken oayH: " Saiiiuel JiinobH wonUl persiHt in liiuiliug, nnd liaiilMJ
oiicti and biirriMl them in Furrel'H net. Furrol wiih working ibr thuni, mid liail l)i'eo
littrrin^ IxTrin;; tiir Hovonil dit.vH, pcrhiiimubtxit a fortniKkt, liy the AniuricunH' ordun.
I lit'iiuvo it is illegal hairing herrin>;, Itnt wo havo no power to Mtnp it; it \h no Kood
Ifliiiig a niagiHtrato; they take no notice of him."

4. That they were interfering with thti righttiof TJritiHli linliermen in their pfiiccnlilf
nHo of that part of tlui eoawt oc<;ni)ie<l by them, «fee. Jly all the evidence given, itoc-
enrred on Tickle JJcacli, Long llarlior, on which, aH wan Meen by nH, waw a Newfoinid.
land tishing Hottlement, the land iieing granted by government, as Htatcd by Mark
Holt, whoBayH: " I have been in the neighborhood fourteen or lifteiMi years. Tln'
ground 1 occupy, loU feet, was granted me for life by governnieiit, ami for which I
now pay a fee; tlioro are two fainilieH on the beach ; tlierw were three in the winter;
our living ih dependent on onr liHliing off thiH Hettlement."

The above are the main pointH in the evidence on which my report io founded.

In conclusion, 1 beg to inform you that I have forwarded a copy of the report to hii
Excellency the governor of New fonnd land and the <lu|)licate direct to their lor(lslii|is,
in order to iuHnro their receiving it at the uame time nn the colonial olllce will.
I havo, Ac,

GEO. L. SULIVAN,

I

[Appendix :i to incloHiire 1 in No. 159.]

lieport on differences thnt arose between IlriliHh and United Slates fishrmen in January, 1878, 1
hy Captain Snliran, of Her Majesty's ship Sirius.

Having carefully weighed the evidence givi^n on oath before nie by Newfonndland I
(iHhermen present at the time, together with that iucloHcci in the correspondeuco for-
warded for my peruHal, I am of opinion —

1. That the Americans were using seines for catching herring on Iho fit h .January,
1H7H, in direct violation of Title XX VII, chap. 102, sec. 1, of the consolidated statiitei I
of Newfoundland, viz: "No person shall haul or take herringl)y or in aseine, orotJuT |
such contrivance, on or near any part of the coast of this colony or of its depciidi'ii.
cioH, or it' y of the bays, harbors, or other places therein, at any time butwceiitlie
20th day ictober and the y.")th day of April."

2. That tlie American captains were setting and putting out seines and hauliiij; anil
taking herring on Sunday, the (Itli January, indirect violation of sec. 4, chap. 7 of the I
act pas.sed 2()th Ajiril, 187(5, entitled "An act to amend the law relating to the coast
lislieries," viz : " No person shall, between the hours of twelve o'clock on Saturday
night and twelvoo'clock on Sunday night haul or take any herring, capidin, or s(|uiil,
with net, seines, bunts, or any such contrivance, or set or put out any such net, seine. |
bunt, or contrivance, for the pnrpo.se of such hauling or taking."

;{. That they were barring lish in direct violation of the continuance of the samel
act. Title XXVII, chap. 10;i, sec. 1, of the consolidated statutes of Newfoundland, "or
at any time use a seine or other contrivance for the catching or taking of hcrriiigs,!
excej»t by way of shooting anil forthwith hauling the same."

4. That contrary to the terms of the treaty of Washington, in wliich it is expressly |
provided that they do not interfere with the rights of private jiroperty, or with liritisl
lishermen in the peaceable use of any part of the said coasts in their occupancy lortliel
same i)nrpose (see Article XVIII of the above-named treaty), they were (ishiiij; illr
gaily, interfering with the rights of British fishermen and their peaceable n.seoftliai|
part of the coast then occupied by them, and of which they were actually in possession,
their seines and boats, their huts, gardens, and land granted them by govcriiiiu'iiil
heing situated thereon (see Mark Bolt's evidence).

T). It is distinctly shown in the evidence thattlie causeof theditferencecomniiMicwll
with the Americans by their persisting in shooting their seines on the Sunday, astlifl
Ei'i'lishmen who worked for them would not do it on t'aat day, not only on accdiniil
of its being illegal, ^iit of their religious regard for the Sabbath, which is iil«:U'|
strictly kept by them ; and although it must bo observed that the result of this illcKn r
lishing would have been that the Americans would have secured the wholeof iholur I
ring in the bay on that day to the exclusion of the rights and fair chances of ulltltfj
others during the week, yet there is no evidence to prove that this, or anythinn i
but the fact of its being Sunday, and the law and custom among themselves regitnlinf I
it, prompted tho!n to demand that the seines should bo withdrawn.
■ (5. It is shown by the evidence of all those witnesses present at the time tliattlii'l
Americans were remonstrated with, and told to take their seines up prior to any serioiisl
steps being taken, and it is also distinctly proved that no violence was resorteilwj
until after the exasperating conduct of Captain Jacobs, the American master ofij
schooner concerned in this illegal lishing, who threatened them with a revolverii
they prevented him or interfered with his seine.

[EN.

inj;, niMl hmH
I, iiiul liiul btien
lericuii.i' ordtn.
t ; it Ih no Kood

thiiir jH'iKM'able
nee given, itw-
lit* li Ncwt'oniiil-
ntutfd by Murk
H'w yeiirs. Thi<
1111(1 for wliii'lil
) ill tlio winter;

in founded,
tho rejiort to Iid
i tiutir lordsliipn,
ilflce will.

L. 81ILIVAN.

iit ./ifinufln/, 1878,

y Newfoundland
•respouclcuco for-

tho (ill I .January,
loiidiitetlstatutM I
J iiHi'ino, ori)tlii'r
of itrt (liipcmliii-
tiinebotweeiitbe

and lianlin);aiiJ|
, 4,chiii). 7ol'tli(
linji to tlio coMt I
lock on Satiirilaj
capi'Un, or s(|niil, j
Hucb net, mw.

iinoe of till) .same I

wfoundland, "ot

ing of lifiTiiigs,

cli it iH expressly
', or with Britisli I
K'cupancy lbrtlie|
were lishin;; i
:eal>le n.se oftliall
illy iupoHscHsioii, f
by jrovermiifml

rencecoinnHMicedl
10 Snnilay, antli*!
only on accouBtl
which iH always
nltofthiHilM
whole of the lirtf
hances otalltli'l
or anythinj;?!*!
iselvesreganlinn

,he time that llK I
•lortoanyMerioiiil
i was resorted Wj
icaii master ol»l
ith a revolver il I

ALLEGED OUTRAOB UPON AMERICAN FISHERMEN.

171

7. It does not appear that tho native fi»hermen wereawareof tlio illegality of hanl-
iiiL'ftHi'ine in tlm month of .lanniiiy; it is tlierefore to bo jiresnined that th<( Ameri-
cans \vt'n< also ij^norant of that law, althou<;h tlu-lr ignoranco cannot exoneraro them
trmii IIm> lueach, nor dooH it exonerato John Kirkey, an KnKliMhmaii, who is chari^ed
witli t he Hanio otibuso, and who it Ih my intention to Hninmon before me to answer to

that cliaif,'".

H. 'flie Statement of the AmerieaiiH, that they wert* eompellod to leave tho harbor
mid leave oil" fmhiiiK, i.s entirely without foundation, wliieh is proved by (he cvidenee
iif tliose examiiKMl before me, amon^ whom was Mr. Snelli;rov(>, (collector of cnstoms,
who was (hero a week after tlieoci^irreiu'.!, and conimnnicattMl with them, and by tho
ividi'Mie of others to the effect that they remained f(iral)ont a fortnitrht or more, "until
tho ln'rrinj;s slacked; "and with r<!.<pect to their loss <d" the haul of luvr'-jnj; |iy the seine
liiint; i'iai>tied, tho tish were no* their lawful jiroperty, having been illegally caiiKht.

Ill Hiipport of this view of the conduct of the AiiK^rieans, I am not only borne out by
thoi'videnco of the Fortune Hay lisheriuen, /ho made their statements in a reriiark-
' alily frank and straightforward manner, but by the self-convi<Uing evidence 4)f those
very Anu'ricans themselves, whose de)>osilions, jjiven on oath, show them to have
litiMi illcgfilly (isliing, and who were liable thereby to the forfeiture of their seines,
lilts, &.(:, liy chap. lOiJ, sec. 12, of tho consolidated utatiites.

GEO. L. SLMVAN,
Caplahi and Senior Offlrn:

I Appendix 4 lo iiii'losuie 1 in N(i. I5'J.|

DcpoHition of John SaiiiidcrH,

For this deposition, boo No. 3, Appendix A, 'to Lord Salishnr.y'n note of April :i, 1880.
(Dofinntnit No. '-iti. )

[Appoiidix 5 to iucloituiii 1 ill No. 150. 1

Dvponition of Mark Bolt.

Kiirthis deposition, see No. 4, Appendix A, to Tjord Salisbury's note of Ajiril 15, 1880.
(Doeimifnt No. 'Jti.)

[ Appptidix 0 lo inrloHiiro 1 in No. 150.]

Ihpoftilion of Jiichard Henilrikcn.

Tor llii.s deposition, see No. .''i. Appendix A, to Lord Salisbury'H note of April ;$, 1880.
(Diii'iiiiiciit No. '^ti. )

( AppeudiiL 7 to iiK'luKuro 1 ia Xn. l.'ii). {
Jfcpomtion of Ambrose Pope.

For tills deposition, see No. <i, Appendix A, to Lord Salisbury's note of Ajiril 3, 1880.

(Diiciiiiiciit No. 'iO.)

[Appendix 8 to iucloanre 1 in No. lofi. 1
Deposition of Janiea Tharncll.

For this deposition, see No. 7, Appendix A, to Lord Salisbnry'.s note «f April 3, 1880,

1 (Di)ciiiiU!nt No. at).)

[ Appendix 0 to inclosnro 1 in No. 159. 1
Deposition of (leorrir i!<neU;;ror'e. -.^.-

For this deposition, see No. 8, Appendix A, to Lord Salisburv's note of April :{, 1380.
[(Docnnient No. 'i(i.)

m

III

m

m

h

If'ii

172 ALLEGED OITTRAOE UPON AMERICAN FfSHERMEN.

.' ' [Apponillx 10 to incloiiure 1 In No. in9. 1

JJepovUioii of Silan Fiidgv,

For tlim ilopoHition, wo No. [), Appendix A, to Lonl SttliHbiiry's uote of April It, is^i
(Dnriiiiient No. «(!.)

I A])pt>nilix 11 to inclitsiiro 1 in Kn. 1S!I.| ., .

DepoHilion of John Cluetl.

For tills deposition, ace No. 10, Appendix A, to Lord SaliHbnry'.H note of April '.\, IHi^o,
(liocnnient No. Wl.)

DOCrMENT No. 10.
Mr. Evarta to Mr. M'ehh.

No. 317.]

Department of State,
Washington, Avgust 1, 1879.

Sir : You will readily nnderHtfind that the pressure of current busi
uess, especially during tlie regnlnr and special sessions of Con}j;ress, has
])revei)ted .so immediate attention to the claims of the Fortune l>ay lisliei
men, as definitely laid before me in their proofs completed during the ses-
sion, as would enable Jiie to give, in reply, a fall consideration to the dis-
patch of Lord Salisbnry of the date of November 7, 1878, in reply to
mine to you of 28th September, 1878.

Bnt other and stronger reasons have also induced me to poatpoii
until now any discussion of the questions arising out of the occurrences |
to which these dispatches referred.

It so happened that the transactions of which certain citizens of the |
United States compiain were brought fully to the attention of the ^o*
ernment about the same time at which it became my duty to lay before I
Her Britannic Majesty's Government the views of the United States |
(iovernment as to the award then recently made by the Commission on
the Fisheries, which had just closed its sittings at Halifax. While tlie I
character of the complaint and the interests of the citizens of t!ie [
United States rendered it necessary that the subject should be sub
niitted to the consideration of Her Britannic Majesty's Government at I
the earliest possible moment, in order to the i)revention of any further ]
and graver misunderstanding and the avoidance of any serious inter
ruption to an important industry, I was exceedingly unwilling that tlie j
questions arising under the award and those provoked by the occur
rences in Newfoundland should be confused with each other, and least |
of all would I have been willing that the simultaneous presentment of
the views of this Government should be construed as indicating any de
sire on our part to connect the settlement of these complaints with the |
satisfjiction or abrogation of the Halifax award.

I also deemed it not unadvisable in the interests of such a solutiou
as I am sure is desired by the good sense and good temper of both gov |
ernments that time should be allowed for the extinguishment of the |
local irritation both here and in Newfoundland which these transaotioiis
seem to have excited, and that another fishing season should more clearly
indicate whether the rights to which the citizens of the United States j
were entitled under the treaty were denied or diminished by the pretoii

ALLEGED OUTRAGE UPON AMERICAN FLSHEUMEN.

173

of April :», \m

aof Aprila,lH80,

til

sioiis and lu'ts of tiio colonial aiithoritieH or whether their infraetion was
accidcntiil and temporary. Ah Hoon as the violeneo to which eitizenaof
tli(. Ciiiictl Stales iiad been snbjeeted in Newtonndlaiid wasbron^jht to
tlic attention of this department, I instrncted yon, on lid March, 1878,
to rt'iMvsent the matter to Jlcr iJritannic Majesty's (Jovernment, and
iiiMiMsnch representation you were informed that a jn'onipt inve8ti{;a-
tioii woidil be onlered for the information of that j^overnment.

On vVufji'st 23, KSTS, Lord Salisbury conveyed to yon, to be trans-
Miilti'il foyonr (Jovernment, the result of tlmt investigation, in the shape
(if a n'poit from Captain Sullivan, of Her Majesty's ship Siriu;*. In
liiiiiisliiu}? yon with this report. Lord Salisbu'y, on behalf of ller IJri-
tannic- ]\IaJesty's (Jovernment, said :

Villi \vill )u'rc('iv»> tliiit tlio report in iiiiestioii appeurH to tlmnoiiHtriito conclnsivoly
at llii) I'liitcil Sliitt'H liHliuriiien on tliis ocrtasion had coiniiiittoii tlirco distiiiot
.iiiiiclKis (if lh(^ law, an. I tlidtno violmu'.* whh used l)y tlio Ninvl'oiindland lislu-rinon,
(•\(('|il ill tiu> (taH(' of <Mi(> vcNWil, wli«s(i master rcfiiHud to roinply willi llio rccpuMit
wliiili wiiH made (o liiin that ho should doMist from finhiiij; on Sunday in viohition of
liif law (if the colony and of tlio local (Miiitoni, and who thrc^atcntsd the Newfoundland
lislicriiu'ii with a revolver, as dotuiled iu paragraphs 5 and 0 of Captain Siilivan's
rc'iiiirt.

Tlio three breaches of the law thus reported by (Captain Sulivan and
iissiuned by Lord Salisbury as conclusively established, were: 1. The
use of seiiu's and tlie use of them also at a time prohibited by a colonial
statute. 2. Fishinjj upon a day — Sunday — forbidden by the same local
law; and ;{. IJarrinj; fish in violatiou of th>i same local legislation. In
lulditinn Captain Sulivan reported that the United States fishermen
were, contrary to the terms of the treaty of Washington —

I''isliiMji illegally, intcrfcriufi; with tho rights of iJritish fiMhcrmcn and tlu-ir poace-
alilc list' of that ]>art of tho coast thou occupied hy ti'.em and of which they were
111 tiiiiliy in iiossession — theirseines and heats, their huts and gardens and land granted
In jjovcrmucut being situated tluireon.

Yours, containing this dispatch and the accompanyiug report, was re-
ceived on 1th September, 1878, and on the 28th of the same month you
were instrncted that it was impossible for this government duly to ap-
preciate tlie value of Captain Sulivan's report, until it was permitted to
seethe testimony upon which the conclusions of that report professed
to rest. And you were further directed to say that, putting aside for
after examination the variations of fact, it seemed to this government
that the assumption of tho report was, that the United States fisher-
men were fishing illegally, because their fishing was being conducted
at a time and by methods forbidden by certain colonial statutes; that
the language of Lord Salisbury, in communicating the report with his
apiiroval, indicated the intention of Her Britannic Majesty's Government
to maintain tiio position, that the treaty privileges secured to United
States lisiiermen by tlie treaty of 1871 were held subject to such limit-
ations as might be imposed upon their exercise by colonial legislation;
and " that so grave a question, in its bearing upon the obligations of this
jioveriinient under tho treaty, makes it necessary that the President
should aslc from Her Majesty's Government a frank avowal or disavowal
of the paramount authority of provincial legislation to regulate the
eiijoyment by our people of the inshore fishery, which seems to be inti-
, mated, if not asserted, in Lord Salisbury's note."

In leply to this communication, Lord Salisbury, 7th November, 1878,
triinsniitted to you the depositions which accorapanied Captain Suli-
van's rei»ort, and said :

. ill iMiiiiting out that the American fishermen had broken the law wnliin tlft; terri-
[ t oiial limits of Her Majesty's dooiaius, I had uo lutention of inferentially laying down

wsm

174

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

1 1: .-

if

!

I'

iii

liny principles of international law, and no advantaj^o woiil-'., I think, be gained bj
doing so to a greater extent tnan the facts in (|uestion al)S(ilnt((ly r(M|aire. • • •
Her Majesty's Government will readily admit — wliat is, indeed, Melf-<v,'ident — that
liritisli sovereignty, as regards those waters, is limited in its scopn l>y the enjjai't..
nientB of tlie Treaty of Washington, which can not ho n»odili(!d or altected hy my
municipal legislation.

It is with tlic greatest plejisuie that the United States GovenimLiit
receives this language as "the frank disavowal" wiiicli it asked "of
tiie paramount authority of provincial legislation to regulate the enjoy-
ment by our peoi)le of the inshore lishery."

Kemoving, as this explicit language does, the only serious dillioulty
whicn threatened to embarrass this discussio!!, i am now at liberty to
resunu'. the consideration of these ditterences in the same spirit and
with tlie same hoi)es so fully and properly expressed in the concliidini;
paragraph of Lord Salisbury's dispatch. He says :

It is not explicitly stated in Mr. Evarts' dis)>atch that he considers any recent act*
of tJKS colonial legislature to l>(^ inconsistent with the riglits actpiirod by the United
States under tii<» Tn^aty of Washington. But if thar, is .he case, Her Majesty's u,,,.
ernnuMit will, in a friendly Hpirit, consider any representations lii^ may think it right
to make ujion tiie subject, with the bnpe of coining toa satisfactory understaiKling.

It is the purpose, therefore, of the present dispatcli to convey to you,
iu order tliat tbey may be submitted to Her Britannic Majesty's Gov
ernmenr, the con<'.lusions which have been reached by the Ooverii' leiit
of tile I'nited States as to tiie rights secured io its citizens under llie
treaty of 1871 in tiic herring fishery upon the Newfoundland coast, ami
taO e.vtent to which tliose rights have ben infringed by the transac-
tions in Fortune Bay <»n January 0, 1878.

Before doing .so, however, 1 deenj it proper, in order to clear the ar-
gument of all unnece.s.sary issues, to correct wluit 1 consider certain
misappreliensions of the views of this Government contained in Lord
Saiisbuiy's dispatch of 7th of November, 1878. The secretary for for
eign affairs of Her Britanni(5 Majesty says :

If. however, it be admitted that the Newfoundland legislature have the rinlitof
bimiing Americans who lisli within their waters by any hiws which do not ccnitnivciif ■
<'xisting treatii'N, it must be further conceded that the duty jf determining the (exist-
ence of such contravention must be uudcrtaken by the; governments, and can not bo
remitted to the discretion of each individual iishtu'man. l'\)r such discretion, if cxer-
(lised (in one side, can hardly be refused on theother. If any American (isherman may
violently oreaU a law wiiicli he believes to be contrary to treaty, a Newfoundland tisli-
erman may violently nuiintain it if he believes it to be iu accordance with treaty.

His lordship can .scarcely have intended this la.st proposition to be
taken in its literal signi!icaiioe. An infraction of law may be accompa-
nied by violence which affects the person or property of tin individual,
and tliat ijidividual may be warranted in resisting such illegal violence,
so far as it dire<5tly affects him, without reference to the relation oltlie
act of violence to the law whic*i it infringes, but simply as a forcihleiii-
vasion of his rights of person or property. But that the infraction ol'a
general n>uni(;ii>al law, with or without violence, can be corrected and
punished by a mab, without official character or direction, tind who as
sume both tt> interpret and administer the law in controversy, i.s a propo
sition which does not require the reiWy of ehiborate argument betwwi
two governments whose daily life depends upon the steady api)licatioii
f thesoumland safe priuciplesof English jurisprudence. However this
may be, the Government of the United States can not for a moment
admit that the conduct of the United States fishermen in Fortune Biij
was in jiny — the remotest degree — a, violent breach of liiw.

Griiuting any ana all the force which may be claimed for the colonial
legislation, the action of the United States tishermeu was the peaceable

f.

; gained by
ro. * * •
idoiit-lliat
th<' on^iajjc-
ictcd liy iiiv

)verniiiL'iit
iiski'd « of
I the t'lijoy-

I (liniculty

, liberty to

spirit and

wncl tiding'

ly recent iiiits
ly the United
iijesty's in,,.
,hiiik it ii|,'ht
liistai'ilini;,

ivey to you,
esty's Gov-
'overii'iem
under the
I coast, aud
he trausac-

ear the ai-
der eertain
led in Lord
iiry tor for

J t!io ri},'lit of
t contnivt'iii"

iiig the (^xist-
ul <'iin not lit!

ctiou, if I'xer-
sliorinaii may
iiiuHandti.sli-

litli troii'y.

iition to be

\o accoiiipii-
I individual,
lal violeiicA',
lition oltlu'

forcible ill-
Ira et ion of a
Irected ami
Ind who as

is a propo-
[lit bet\v',;eii
|np plication
oweverthis

;i nioriieut

irtune Biij'

the colonial
peaceable

ALLEGED OUTliAGE UPON AMERICAN FISHERMEN.

175

proseciition of an innocent industry, to which they thou;;lit they were
ciititled. Its pursuit invaded no man's ri<;hts, committed violeiuie upon
no man's person, and if trespassing' beyond its lawful limits could have
bcoa promptly and quietly stopped by the interference and reinesenta-
tious of tiie lawfully constituted authorities. They were actiii}:: under
tlii!i»n)visionsof the very statute which they are allefjfed to have violatc^d,
for it seems to have escaped the attention of Lord Salisbury that section
L'Sof tlie title of the consolidated acts referred to contains the provision
that "Nothing in this chai>ter shall affect the rij^hts and lu-ivilefics
};iaiited by treaty to the subjects of any state or power in amity with
?li'r Miijesty." They were enfjajred, as I shall hereafter demonstrate,
ill 11 lawful industry, guaranteed by the treaty of 1871, in a method
winch was recognised as legitimate by the awanl of the ILilifax (Jom-
uiissioa, the privilege to exercise which their government had agreed
to |i .y lor. They were forcibly stopi)ed, not by legal autliority, but by
mob violence. They made no resist{ln(>^^ withdrew from the fishing
grounds, and rei>resented the outrage to their Government, tlius acting
ill entire conformity with the principle as justly stated by I/ord Salis-
bury himself, that —

If it l)<> udniitted, h< . over, that tho Ncwfoundlaml higisli'tnre have the right of
liiiidiiij; AnieiicauH whoiish withia tht^ir "' itci.^ hy any laws wiiicli do not contravene
I'xiHiiiij!; treaties, it numt be further cone (U'd tliat the dnty ofdetiirininingtlie exist-
wic(! of Mich contravention must lio und« rtalcen liy the governmentM, and can not be
remitted to tho judgment of each ludivid.tul tislioruian.

Tiicie is another passage of Lord Salisbury's dis{)atch to which I
should call your attention. Lord Salisbury says:

1 Iiardly liehevo, however, that Mr. Evartu wonhl in discussion adhere to the bro.".d
(loctriiie, wliicIi some portion of Iiis language would appear to convey, that no British
iiiilhority has a right to pass any kind of law:, Idnding Americans who are lishing in
Uriiish waters; for if that contention In* jnst the sann! disability applies a fortiori to
;in.v til her powers, and the waters ninst, be delivered over to anarcliy.

I certiiinly can not recall any language of mine in this correspondence
which is capable of so extraordinary a construction. 1 have nowhere
taken any position larger or broader than that w!ii<;h Lord Salisbury

says :

Her Miijosty's (jroveniment will readily admit, what is, indeed, selC-tn ident, that
liiiti.sli sovereignty, as regardH these waters, is lindted in its scope liy the t^ngage-
inciitseL' the Treaty of Washington, which can not bo allccted or inoditied by any
iiMiiii('i|(al legislature.

I iiiive never <lenicd the full authority and jurisdiction, either of the
iiniuMial or colonial governments, over their territorial waters, except so
fill' as by iieaty that autliority and jurisdiction have been deliberately
limited by these governments themselves. Under no claim or autliority
sii;iKe'<t*'d or advocated by me <'ould any other government (lemanii
i'.Ncin|iti()n from the jirovisions of British or colonial law, unless that
exempt ion was secmred by treaty ; and if these waters must be deli v« red
over to arnachy, it will not be in consequence of any pretensions of (he
United States (Jovernment, but because the llritish Government has,
by its own treaties, to use Lord Salisbury's phrase, limited the scoitcof
liiitisli sovereignty. I am not aware of any such trtwity engag«'iiu'nts
with other powers, but if there are, it would be neither my privilege
1101' duty to consider or criticise their cousequences where the interests
I of the United States are not concerned.

Altera, careful (uunparison of all the dei)ositious furnished to both
iRoveriiuients, tiie United States Government is of opinion that the fob
[lowing facts will not be disputed:

1. That tweuty-two vessels belonging to citizens of be United States,

17 fJ

AJ.LKIJED OUTKAUE I'l'ON AMEitlCAN II.SHEKMEN.

viz, Fred. P. Frye, Mary aiul M., Lizzie and Naniari, Edward V). Webster
\V. F. McDonald, (rest of the Wave, F. A. Sniitb, Hereward, Moses
A<laMi /, Charles K. Warren, Moro (Jastle, Wildflro, Maud and Etfie,
Isaae llich, Hunker Hill, lionanza, FI. M. Rogers, Moses Knowlton, John
W. IJray, iMaiid 15. Wetherell, New l<]ngland, and Ontario, went from
Oloiieester, a town in Massachusetts, United iStates, to Fortune Bay, ia
Newfoundland, in the winter of 1877-1878, for the purpose of i)rocuiiug
herring.

Lf. That these vessels waited at Fortune ]5ay for several weeks (iroin
about December 15, 1877, to January G, 1878) for the expected arrival
of schools of herring in that harbor.

3. Tliat on Sunday, January (5, 1878, the herring entered tiio bay in
great numbers, and that four of the vessels sent their boats with seines
tocoinnience fishing operations, and the others were proceeding to follow,

4. That the parties thus seining were compelled, by a largo and vio-
lent mob of the inhabitants of Newfoundland, to take up their seines,
discharge the lish already inclosed, aud abandon their fishery, and that
ill one ciise, at least, the seine wjis absolutely destroyed.

"). That these seines were being used in the interest of all the United
States vessels waiting for cargoes in the harbor, and that the catch un-
disturbed would have been sufficient to load all of them with profitable
cargoes. Tlie great quantity of fish in the harbor, an 1 the tact that the
United States vessels if permitteil to fish would all have obtained full
cargoes, isadmitt '.1 In the Uritish deposition?.

If til-. Ainoriciins hiiil been alh)wetl to secure all the herrings iu the bay for them-
selves, which they ooiiM hax-o (hiiio thit day, they would have iilled all their vessels,
and tlio iKMffliboriiijj li.shcrnit.-u won. a have loat all chance on the following weekday.
(DeiK'NJtion oi .lames .Si'-arwell,)

rh(» Auioricaiis by hauling herring that day, when the Englishmen could not, were |
roltliiiigtheinof then- l^wfuliind Just chance of securing tlicii slniro In them; and, fur-
ther, iiad they scciiix -all they had barred, they would, I believe, have fillr.il every
vcssrl (if their.-} in the nay, (Deposition of John Chutt.)

Se-j al'so n.ffldavits of the United States captains.

0. That in consequence of this \ iolence all the vessels abandoned the I
fishing gr(Minds, some v itUoul cargoes, some with very snniU cargoes,
purchased iVoni the natives, and their voyages were a loss to their!
owners.

7. Tiiat the seining was conducted at a distance from any land or I
fishing piivilegoor theoccnpation of anyBritish subject. (See affidavits [
of Willanl (V. liodi?, Charles Doyle, and Michael li. Murray.)

8. That none of the United States s^essels made any further atteiniits]
to fish, but three or four which were d(;layed iu the neighborhood i)iir-
chased small supjdiv's of herring. (See British depositions of Jolial
Saunders and Silas Fudge, wherein is stated that the United States
vssels only remained ' few days, .and that after January 0 no fish came |
into the harbor.)

All the Unit' ' States affidavits show that the United Slates vessels |
were afraui to use their seines after this, and that they left almost iiniue
diately, most of them coming iiome in ballast.

The provisions of the treaty of Washington (1871 ), by whiidi the right |
to i)rosecute 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 libcrtiM
secured to the United States lishermen by the convention between the United Statfflj
and Great Britain, signed at London on the 20th day of Octotior, 1818. of taking, inr-
iug, and drying fish ou certain coasts oi the British North American colonies, thfroin I

ALLieOi:i> OlITKAfil-: upon AMHRICAN FI8HEUMEN.

177

(h'fim'd, i\w iiiliabiliinls nl" llio ITiiil.'il SlsitcHsliall Uiwv, in cinimioii ^vitll llu> subjects
III' IIiM' Hiitaniuc- Mnjfst-y, tlio lilii'ity lor iho ti'iiii of .vcaiH nit'iitioiu'd iii Artiiilo
XXXIII <'!' til'** treaty t(» takiHisli (if rvi-ry kiiul, oxcopt slicll-liisli, on i\w si'ii coast)
ami sliorcM aiul in i\ui l/ays, iiarbors, and crcok.t of tli(3 provinces of l^nelxM!, &c.

XXXII. It is further agreed Miat. t lie prin'isions jitul stipulations of Arti(!li)s XVIII
idXXV of this treaty, includive, shall extend to the colony of Newfoundland, so f'lr
as Ilii-y aro applicable.

Title XXVir, chapter lOL*, of tl i3 cousolidated acts cf Ncwfouiidlaud,

lirovides :

Section 1. TJiat no person shall taUo horring on tho coast of Newfoundland by a
s, iiK! (irotliersueli contrivance, at any time botwocn tho 20tli day of Oetolxir and the
IJili diiy of April, in any year, or at any time use a seino (^Kcept by way of shooting
and forlliwith hauling the same.

Sr.c. !^. 'J'.'uit n(» jK-rson shall, at any time, between tho ^(Mh day of Deceiiibcr and
till) 1st day of April, in any year, catch or take herring with soins of less than !i|
iiiclii'S ine.sh, &e.

.Sicc. 4. No person shall, bet ween the aoth day of Ajiril and tin* 'Jfltli day of October,
ill any year, haul, catch, orMake herring or other bait for exportation within one
mill', measured by tho shore across the, water, of any settlement bituated between
: (.' ;iM' C'liiipiiau lJoug(! anil I'uint Euiajer, near Ca-i>ii liay.

The act of 187G provides that—

No ]M>rson shall, betwoen the hours of twolv(» o'ldock on Saturday night and twelve
( o'clock on Sunday night, haul or take any herring, caplin, ors(|uid, with net, seine,
liiiiits, or any such rontrivancefor the purpose of such hauling or tiiking.

ItHU'iiicd scarcely lU'cessary to do iiiori'. than pliioc tho provisions of

: the tiTiity and the ])rovi.si()iis of tiii'so hiws in <;onliiist, and ajjply the

ipiiiiciido so precisely iind justly announce<l by Lord Salisbury as self-

[evidciit, "that liritish sovereignty, as regards tliose waters, is limited in

ts scope by the engagements of the Tretity of Washington, which can

iiiot he modiiied or ail'e(',ted by any niunicipiil legishirion." For it will

I not be denied that the treaty i)rivilege of "taking fish of every hind,

k'xcept shell-tlsh, on the sea coast and shores, and in the bays, harbors,

and creeks" of Newfoundland, is both seriously " nioditied " iind in-

jjiiiiously aflected by iminieipal legislation, whicdi closes such lishery

absolutely for seven months of the year, prescribes a special method of

exorcise, forbids cxportittion for hve months, and, in eertiiin localities,

i absolutely limits the three-mile area, which it was the express purpose

[of the treaty to oi)en.

But this is not all. When the treaty of 1871 was negotiated, the Hrit-

i isl) (h)veniment contended that theprivilege extendeil to United States

ilisbonncn of free tishing within the three-mile teriitorial limit was so

iiiiuli more valuable than the ecjiiivaleiit offered in the treaty that a

nioiusy co.iipensation should be iidded to e(pialize the exchange. The

I llalit'ax Commission wasajipointed for the special i)Uii»()S(^ of deterniin-

j in},' tliat compensation, and, in order to do so, instituted an exhiinstive

('Xiiniiiiation of the history iind value of the colonial lisheries, inclnd-

[in}f the herring lishery of Kewibuudland.

lU'fore that commission, the United States (lorernment contended
[that the frozen-herring lishery in Fortune Ihiy, Newfoundland, the very
lishery now under discussu)n, was Tiot a lishery, but a tratllc; that the
I'nited States vessels which went there for herring always took out
[trading i)ermit* from the United States custom house, whi<'h no other
itisiieriiion did ; that the herring were caught by tln^ natives in their nets
pul sold to the vessels, the eai)tains of which froze the herring after
jlinrcliase, and transported them to market, and that cons(!(piently this
pas a trade, a commerce benelieial to the Newfoundlanders, and not to
fcbe debited to the United StJites account of iidvtintages gaiiu'd by tho
[treaty. To this the British Government replied, that whatever the cUar-
S. Ex. 113 12

178

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

It'i

actor of the business had been, tlio treaty now gave the United Slates]
lishermen the right to catch as well as purchase herring ; that the sui)^.
rior character of the United States vessels, the larger capacity and more I
ellicient instnuuentality of the seines used by the United States (Isber
men, together with their enterprise and energy, would all induce tlie
United States lishermen to catch herring for themselves, and thustlie|
treaty gave certain privileges to the United States tishernien, whicli iii.
llicted upon the original proi)rietor a certain amount of loss and damage,
from this dangerous competition, which, in justice to their interests,!
required compensation. The exercise of these privileges, therefore, as
stated in the British case, as evidenced in the Biitish testimony, as
maintained in the British argument, for which the British Government
demanded and received compensation, is the British constructioiiol'tlii;!
extent of the liberty to flsli in common, guaranteed by the treaty.

Mr. Whiteway, then attoraey-general of Newfoundland, and one of tlie j
British counsel before the commission, said in his argument:

And now oiio word with rej^ard to tbo wiuter herring-lishcry in Fortiiuo Bay. Ill
appears that from 40 to 50 United States vessels ])rocoed there jietween tho nioutlwoll
Novenilter and Fobrnary, taking from tiieuco cargoes of frozen herring of from fiUOtol
800 or 1,000 barrels. According to the evidence, these herrings have liithertogcnHJ
jilly been obtained by pnrchaso. It is hardly possible, then, to conceive that I
Americans will continue to buy, possessing as they now do the right to catch.

The British case states the argument as to the Newfoundland fi.sberiesl
in the following language:

It is iisscrted on the part of Her Majesty's Government, that the actual use wbichl
nniy bo made of this privilege at the present moment is not so much in question ail
the actual value of it to those who may, if they will, use it. It is possible, and eveJ
probable, that the United States lishermen nuiy at any moment avail themsolvesof tkl
privilege of iishing in Newfoundland inshore waters to a much larger exteut tlml
they do at jjresont ; but even if they should not do so, it would not relievo them froiil
the obligation of making the just payment for a right which they have Jicquiredsuk-I
Ject to the condition of nuiking that payuient. The case may bo not inaptly illustraldl
by the so'ucwhat analogous ono of a tenancy of shooting or fishing privileges; itiil
not becau.so the tenant fails to exercise the rights which ho has acquired by virtueol
his lease that tho proprietor should be debarred from the recovery of hia rent. I

There is a marked contrast to tho advantage of the United States citizens botwecil
tho privilege of access to fisheries *ho most valuable and productive in the world anil
tho Ijarreu right accorded vo tho inhabitants of Newfoundland, of fishing in thecif
hausted and preoccujjied waters of the United States, north of tho 39th parallel ofl
north latitude, in which tl.ero is no field for lucrative operations, even if IJritish siilvl
jects desired to resort to them ; and there are strong grounds for believing that yeiirbil
year, as United States lishermen resort in greater numbers to the coasts of Newfoiiuii I
land, for tho purpose of procuring bait and supplies, they will become more iutimatelyl
acquainted with the resources of the in.shore fisheries and their unlimited lapacitjl
for extension and development. As a matter of fact United States vessels hav(>, sincti
the Washington Treaty came into operation, been successfully engaged in tlitse (m\
cries ; and it is but reasonable to anticipate that as the advantages to be derived fmil
thorn become more widely known larger numbers of United States fishcniion wit
engage in thcni. I

A participation by fishermen of the United States in the freedom of these watml
must, notwithstanding their wonderfully reproductive capacity, tell materially on till
local catch, and, while atlbrding to the United States fisherm n a profitable omiilojl
nient, must seriously interioro with local success. The extra amount of bait al.*!
which is re(|uired for tho supply of the United States demand for the bank (isberjl
must have tho eiVect of diminishing the supply of cod for the inshores, as it i»«eill
k'iown that tho presence of that fish is caused by the attrcction offered byalarjtl
quantity of bait fishes, and as thi'^ <]uautity diminishes tlw cod will resort in fi'««j
nujiibois to the coast. I

'J'he ofl'ect of this dihiinntion may not in all probability be apparent for sdiiio yeanj
to coiro, and Avbilst United States fishermen will have the liberty of enjoying tlielW
otifiH for He\ oral years in their ])re("jnt teeming and remunerative state, the effects o
overfishiiig may, after their right t y -*;cipfite in thorn has lapsed, become scrioui'
prejjidicia' to the interests of tho L.cui JiSJ' ■ u* . .

^:-i?':^i^^"^

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

179

e«l Slates I
, the sui*.
iind more |
tes lisbw-

UIUCO till' I

[ thiistlml
I which ill.
il daina!,'(', I

interests,
jrefore, as
;imony, asl
jvcrnmeiit
itioiiot'tliel
eaty.

onooftlie

uuo Bay. li I
ho luoutlwiilf
f from 500 to I
bherto geiiti- f
•ivo tbat the I
satch.

ud fisheries

al uso whicll
u question sil
ble, andeveJ
in8olve8()ft!it|
• extent tkul
svetliemfroiil
iic qui red soli- 1
ly illiiHtrateil
v'ilcf^es ; it ill
by virtueol|
|a rent.
zeuH lu'tweral
he world anil
Jig ill the eif
jb parallel dl
t British sdm
tliut yeiirtal
[of NowfoimiT
ire iutimatdil
|ited (.apacitil
Is havt', nm\
ill tlii'se
derived frnil
Ishcriiioii iviil

I these wat«ii|
leriallyontlKl
Itablo oniplojT
[t of haitakl
bank lisliet!!
ji8 it is seE|
Bd by a larj
sort 'ill fi"^^

Ijr 8(11110 ycM

lyiug

tlieM

Itho effects
imo BC

//. Thci'rMhijeofprocuriiKj IniH itiiUniipj>Hen,refiithuj, dryivg, transshipping, i§-c.

Apiirl from the imiiienHO value to United States fislinniieii of participation in the
Xewfouridiand inHhore finhorieH, iiiiiHt beeHtiniated the iinportaiit privilege of pnxmr-
jii.' bait lor tlie i>ro8ecutii)ii of the bank and deep-sea fisheries, which are capable of
iinliiiiil'd expansion. With Newfoundland as a basis of o]ierations, tlie right of pro-
, mill"' liait, relitting their vessels, drying and (Miring fish, procuring ice in abundance
|'(ir tlio preservation of bait, liberty of transHliip)nng their caigoes, &e., an almost con-
tiimoiis prosecution of the bank fishery is Micurcil to them. By means of these ad-
vaii(a"es, United States fishermen have a< (|uired by the Treaty of Washington all
lilt) reTiiiisite facilities for increasing their iishing operations to such an extent as to
(•liable them to supply the demand for i'lah food in the United States markets, and
hifi'clv to furnish the other lish markets of the world, and therel)y exercise a coni-
iKitTtioii which must inevitably jirejiidice Newfoundland exporters. It must be re-
iiieuibered, in contrast with the foregoing, that United States lishing craft, before the
toiiclusioii of the treaty of Washington, could only avail themselves of the coast of
Ne\vl'<iiiiulland for obtaining a snjiply of wftod and water, for shelter, and for necessary
n']ii.,rs i'l case of accident, and for no other purpose whatever. They therefore pros-
tditodtlie bank fishery under great disadvantages, notwithstanding which, owing to
liio failure of the United States local iisheries, and the conseciucrifc necessity of pro-
viding new lishing grounds, the bank Iisheries have developed into a lucrative source
of employment to the lishermon of the United States.

That tills position is appreciated by those actively engaged in the liank fisliery is
attested by the statement of competent witnesses, wliose evidence will be laid before
the C'oiiiniission.

And in the reply of the JJritish (roverument, referring to the same
Xewfoiuidlaud fisheries, is the following dechiratiou:

As regards the Lerriiig lishery on the coast of Newfomidland, it is availed of to a
iinsiderable extent by the United States lisbermen, and evidence will bo ad(rueed of
largo exportations by them in American vessels, particularly from Fortune Bay and
th(^ neighborhood, both to Enrojiean and their own markets.

The presence of United States lisbermen upon the coast of Newfoundland, so far
iKiiii being an advantage, as is assumed in the answer, oper.i „es most jirejudiciallyto
Newfoundland fishermen. Bait is not thrown overboari' to attract the fish, as as-
serted, but the United States bank tishiiig vessels, visit'ng the coast in snch largo
numbers as they do for the iniriio.se of obtaining bait, ( weep the coast, creeks, and
inlets, thereby diminishing the supjily of bait for local catch and scaring it from the
i,'r(iniids, where it would otherwise be an attraction for cod.

Ill istipport of these views, the most abundant testimony was produced
by the British Government showing the exteiit of the United States her-
ring fishery, the character and construction of the seines used, the time
when the vessels came and left, and the employment of the native flsh-
cniieii by the United States vessels. And it follows unanswerably that
upon the existence of that fishery between the mouths of OctoVu'r and
April (the very time prohibited by the colonial law), and upon the use
ofju.st such seines as were used by the complainants in this case (the
very seines forbidden oy the colonial law), and because the increasing
direct fishery of the United States vessels was interfering with native
methods and native ])rofits, the British Government demanded and re-
I ceived compeusation for the damages thus alleged to proceed from "the
liberty to take flsh of every kind *' secured by the treaty.

Tliis Government cannot anticipate thtit the liritish Government will
jiiow contend that the time and method for which it asked and received
cmupensatiou are forbidden by the terms of the very treaty under which
lit iiitidc the cb^ini and received the payment. Indeed, the laugiMvge of
[Lord Salisbury justifies the Government of the United States in draw-
ling the conclusion that between itself and Her Britannic Majesty's Gov-
|eriimeiit there is no substantitd difference in the construction of the
Jirivik'^es of the treaty of 187i, iiiid tliiit in the future the colonial reg-
[iiliilioii of the fisheries with which, as far as their own interests are
[coucerncd, we have neither right nor desire to intermeddle, will not be

w'

180

ALLEGED OUTUAOE UPON AMEIilCAN I'ISllKliMEN.

m

allowed to modify or an'ect the rij^htis which havo Ih'L'ii jjjuaraiitecMlto |
citizens of the United States.

You will therefore Hay ♦^o Lord Salisbury that the Crovernuient ol'tlu'
Uuittnl StateH cousidei's lie eufiajjeuients of the treaty of 1S71 coiitm
vened by the local lejiisl. Mon of Newfouiulland, by tl»e prohibition of
the use of seines, by the clu.sinff of the fishery with seines between ik-
tober and April, by the forbid(Unj? of lishiny for the i)urpose of expoi.
tation between December and April, by the prohibition to lish on Sim.
day, by the allowance of nets of only a si»eci(ied mesh, and by the limi
tation of the area of tishinj,' between Cnpa Kay and (Jai)e CIiuikmu
liou^e. Of course, this is only upon the supposition that such laws urc
considered as applying- to United States lishermen ; as local reguliitions
for native tishormen we have no concei'u with them. Tlio contiiivcn.
tion consists in excluding United States lishermen during the very tiiiits
in which they have been used to pursue this industry, and forbiddin;'
the methods by which alone it can be i)rotitably carried on. The exdii
sion of the time from October to April covens tiie only season in wliicli
frozen herring can be procured, while the prohibition of the seines woiilil
interfere with the vessels, who, occui)ied in cod-fishing during the suiniiRr,
go to Fortune Bay in the winter, and would conseiiueutly have to iiiakon i
complete change in their lishing gear, or depend entirely upon purcliiisc [
from the natives for their supply. The prohibition of work on Suiidny
is impossible under the conditions of the tishery. The vessels nnistk
at Fortune IJay at a certain tinu', and leave for market at a certain tiiiio,
The entrance of the schools of herring is uncertain, and the time tliov
stay equ! ily 80. Whenever they come they must be caught, and tliu I
evidence in this very case shows that after Sunday, the (»th of .lanimry, |
there was no other inllux of these tish, and that i)rohibitiou on tliatdiij-
would have bcMi equivalent to shutting out the lishermen for t lie tscasdi

If 1 am correct in the views hitherto expressed, it follows that the I
United States Governnu'iit nuist consider tlie United States tislienueii
as engaged in a lawful indir^try, from which they were driven by laulcssl
violence at great loss and dartiage to tlH'itr. and that as this was in vioj
lation of rights guaranteed by the Treaty /// Washington, Itcf ween ( 1 r
Britain and the United States, they have- j( (sonable ground to exjx •
the hands of Her liritannic Majesty's (Government j»roper compensation I
for the loss they have sustained. The (Jiiitot} States (jrovenniicnf, fifj
course, desires to avoid an exaggerated estini.ifi' of the loss whicli ImJ
been actually sustained, but thinks jou wil! find the elemenls for afiiir
calculation in the sworn statement of the <.wiiers, coi»ies of which are [
herewith sent. You will find in the printed pamphlet which ax^compii-
nies this, and which is the statement submitted to this diipartmoiit uii]
behalf of twenty of the vessels, the expense of eacli vessel in piepara-
tion for the fishery and her estimated loss ami damage. The saiiie|
statement with regard to the two vessels New England and Ontario,
not included in this list of twenty, you will find attached hereto, tbiisj
tucking a,e/)mplete statement for the twenty two vessels which weiviiij
Fortune Bayou the 6th January, 1878, and the (rovernment i>f tiie|
United States sees no reason to doubt the accuracy of these estimatis
I fiinl upon examining the testimony of one of the most intclligt'ntof]
t he Newfoundland witnesses called before the Halifax Coiiimission by i"
British Government, Judge Bennett, formerly S|»eaker of the Oolomiilj
iJouse, and himself largely interested in the business, that he estiiuaUsj
tlje Fortune JJay business in frozen herring, in the former years of'ii"
cliase, at liO,Oi)0 to 25,000 barrels for the season and that it was iucr
iug, and this is conttrmed by others.

ALLEGED OUTRAOE UPON AMERICAN PLSHEUMEN.

181

The evidence in this case sliow.s tliat the catch whicli the United
States tisijiiijf tieet had on this occasion actually realized was excep-
tioiiiilly lai'f^e, and would have supplied profitable cargoes for all of
them. When to this is added the fact ihat the whole winter was lost
iintl these vessels compelled to return lionie in ballast; that this vio-
U'liee had such an effect on this special fishery that in the winter of
l,S7iS-'7*J it has been almost entirely abandoned, and the former fleet
of twenty-six vessels has been reduced to eight, none of whom went
provided with neines, but were compelled to purchase their fish of the
inhabitants of Newfoundland, the United States Government is of
[oi)inioii that $10r>,3(»r).02 nuiy be presented as an estimate of the loss as
(liiinied, and you will consider that aniountas being what this Govcrn-
jinent will regard as adecinate com])ensati()n for loss and damage.

In conclusion I would not be doing justice to the wishes and oi)inions
(of the United States (Joverinnent if J di<l not express its i)rofound re-
gret at the a])parent confiicfc of interests which the exercise of its treaty
])rivilefjes appears to have develoi)ed. There is no intention on the part
of this (iovernnient that these privileges should be abused, and no
Idcsiie that tiieir full and free enjoynient should harm the Colonial flsh-
ei'iiicii. Wliihi the differing interests and methods of the shore fishery
[and the vessel fishery make it impossible that the regulation of the one
Ishotihl be entirely given to the other, yet if the mutual obligations of
Ithe treaty of 1871 are to be maintained, the United States Government
hvonld i^'ladly cooperate with the (ioveniment of Her Britannic Majesty
|in any ell'ort to make those ri'gnlations a ni; -f-r of reciproeal eonven-

jt'Mce and

right:

a means of preserving tli. siieries at their highest

|]ioiiit of production, and of conciliating a community of interest by a
Ijust proportion of advantages and profits.
1 am, etc.,

WM. M. EVART3.

1. Messrs. Foster and Tre^4<M>tt to th«^ Secretary of State, with appen-
dix (printed pamjihlet).
-'. Statement of loss to the schooners New^ England <ind Ontario.

[AppniiiUx A, No. 317.1

I'lLKi) .I.vxfAnv '2'>, 1879.

rotlioHon. The Sf.chetary ok State:
Sii;; We liiive to uckiiowledj^c, tho reecipt of Lord .S.alisbiiry's replies to your coni-
uniiieatimis in rcfertMico to tho iittacsk tiimn tlici I'liited St.itt'H fiHliing v«»sei8in Fur-
Jnnr lia.v, N(^wt<)oii(lliiiul, with tho iiHidiivilN inclosed.

Alter the most carofiil ox.'iiniiiation of'thi'su allidavil.-* and ,1 Hcriitiiilzing review of
Hif iitliilavits inudo by tho llnitj'd Stiitos liMhornun in Hopport ofthojr ooiiipliiint, we
tiimiot discover any inntn oicoiitradiction.s which discredit their hiHtoryof the (rftUH-
|<'ti(iii,
Tlieru soeni.s to l»o no dispute as to tho following factH :

p. Tiiiit twenty-two Vessels, viz: Fred. P Frye, Mary M., Lizzio and Naniari, Ed-
M K. Weh.ster, W. E. MacDonald, Crent ot the Wave, F. A.Smith, llereward,
poses Adams, Charles K. Warren, Moro Castle, Wildtire, Mand and Etlie, Isaac Rich,
piiiiKei Hill, Bonanz.i, H. M. Koger.s, Moses Knowlton, .John W. Bray, Maud B.Weth-
ri'll, New Kngland, and Ontario went IVom Gloucester to Fortune Bay in tlio winter
f W7-'78 lor tho ]nirpose of procnrtn;i; herriufr, us was their usual custom, and rts
p',v \ypr(> entitled to do under tlio treaty of 187L

VI Tliat previous to that wint('r the United Stales fi.shermen had always pnrcLasod
pir htviiiig of tho Newlbuudlaudors, paying them in money or provisions, and u

B^'

m

182

ALLEGED OUTRAGE UPON AMERICAN PTRTFERMEN.

i'

larj^o and profitahlo tnido liiid H])rnn)i up l>ot\v(!on llio AitKiriciin.s jiiul tlin iiiliiiliitontH
The value of tliis triido to tlio iiihal>ifjiiitH orNowfoniulliiiid cltnirly iippcurH in tlic |ii|.
lowing L-xtrivct troin tlio ISiitiNli citso bi'tbio llu; lljilitux Coiiiiiii.'SHion :.

"It is not at nil jiroUablo tliat iiosscsfiiiiM; n» tlioy now do tin- rigiit to take luiriiM'
andc:up«din for tlu'inKclvoHon all parts of tin; Nowl'onndland (!o:iHts, tlioy will I'diitimir
to purcliaso aH In'rctofore, and thny will thus jm^vont tin- locsrl lishcrtnen, fspi'riallv
tboHe of Fortnno Hay, from o.njjajjting in a very hicrativn t-inploynit^nt, which foiriuTlv
occupied thcni during » portion of thu winter HcaHon for the Hupply of the ('nitcil
States market."

Furthernioie, in the affldavita of the Newfonndland fiHliernien forwarded hy Lnnl
Salishnry, it is ]dairily adinitte<l that llie only wiiy in which the local tisherniCii (j,i;
dispose of their herriufr is by Kcllin^ them to the Anieric'ans.

In January, l!i7H, however, lor' the (irst time, the American vcssoIh carried witli
tlu-ni larger st-ineN in order totake tlieirown liening and save (h«!exi)enHOof i)urcli,is-
inji from the Newfoundlanders..

('aptain Malonson, cd' tht! schonner Crest of the Wave, in his afTulavlt, says:

"The Newfoundland ilsheiinen have for years heiMi in the haliitof si'llin'fj all tho
herring to American vessels. I have been theieei}{ht years, and I hav<! always Imnclit
my herriufj or enjja^ed fh(^ Newl'onndlanderH to take them tor me, ])ayin<; tliciii in
cash. This has lieen the universal i)ractice(>f An criian vessids. This year W(^ (■iiiTinj
the. larjje mackerel seines we n.se in sunnner for taking mackerel. These seincNwill
take frotn two to live thous;ind barnds at a haul, and th(i herrinji are l)etter tuki'iiin
this way. As most of tins Newfoundlanders lish with jjill-nets, our nnmnerof seiiiiii"
would take away from them the nionoi>oly of thi^ herrlnfi trade."

'J'lio truth of (,'a]>tain Malonson's allidavit, and thatof the other American captains,
is shown by the Hritish adidavits:

"The Americans Uvnernsed a seine before that day; they always employed tb
English to use their seines, and bought (ish from the English." (Deposition of Jolia
Saunders.)

"The Americans do not bar fish. This was the first time; I ever kn«^w them to dosn.
They usually buy the fish from the NowfoundlanderH, an<l also liarter tlour and ]i(irk
for them." (Deposition of Mark Bolt.)

" We all consider it to be the greatest loss to ns for the Americans to bring tliose
large seines to catch herring. The seines will hold '2,000 or 15,000 barrels of henin;,',
andif the soft weather continues, they are obliged to keej) them in seines for Hnnie^
times two or three wetdis until the frost comes, and by this means they deprivutiip
poor fishermen of the bay of their chance of catching any with their small nets, anil |
thus, when they have secured a sudieient quantity of their own, they refuse to liny
of tlie nativi;s." (Deposition of .Ir)hn Tharnely.)

"They would have probably frightened therest away, and it would have Ijecn usf-
l(!ss for the English to 'stay, for the little left for them to take tbey could uot have
sold." (Deposition of .Jcdin CInett.)

The eviilenc.e olfered by Her Majesty's Government before the Halifax Cominissinn |
fully bears out the above affidavits and shows that previously to 1H77 the socii
Nevv('i>nndland hi'rring fishery was merely a purchase by the Americans of fish ciiiigiil I
by the Newfoundlanders, and no attempt had ever bi-en made by tlie Americiuis to
take the fish themselves; that In the winter of 1877-'7Hthe American vessels, tiikinj
a<lvantage of their rights under the Treaty of Washington, carried down witli tlicul
seines in order to take their own herring, and tiiat the consequent lo.ss of a valiiablH
trade to the inhabitants, .-is foreseen by the Uritish agtint at the Halifax C'oiiniii,s.si»ii,|
had taken jtlace.

'A. That tln^se ves.sels waited for soveial weeks (from about December 15, 1877, li
.January ti, l-<78) for the expected arrival of schools of herring in Fortune Hiiy,

4. That on Sunday, .January (i, 1«7'"*, the herring entered the bay in great muiiliers,]
and that four of the vessels sent their boats with seines to comnleuce fishing opera
tions, and the (tthers were proceeding to follow.

r>. Tliiit the parties thus seining were ecyiupelled, by a large and violent molnif ll:M
inhabitants of Newfoundland, to take n(» their seines, disi barge the lish alnady
clo.sed, and abandon their fisheiy ; and that in one ca.se, at least, the seine was,ilwi-j
lately destroyed. lint the British and Americftn affidavits give snbstanfi.iiiy tii«I
same ac<'onnt of this transaction.

(i. Tinit tliesf! seines went l>eing ns''d in the intere,st a/ it,tl rnited States vcs^lij
waiting for cargoes in the harbor, and that the catch nndistiitlicd would Iiiur hm\
sulHcient to load (hem all with profitable (cargoes. 'l"h(t gri'at q(ninlity of /isli in ilifj
harbor, and tl'ie fact th.it the Amcrifan Vicsstds, if jierniitted folisb, would /(.•(.'»
obtained full (sargocs, is admitted in the British deposition,

" H' the Aineri(;ans had been allowed to secure all tlie herrings in the bay fortlnif-l
selves, which they could have <lo/ic (bat day, tbey yyould ba,ve filled a|! their vissel^l
and the neighlioring fishermen would l»»ve lost all ebance on the /(dlowin^' \v«li|
day." (Deposition of James Sear well.)

Sd-CllUi'ii

■lisliciUijjIji

iiifiicaiia to I

ist'ls. tiikinsi

with 1 1)0111 j

11 viilnabla

oiiiiiiinfii'iiiij

15, 1877,to|
Hny.
at nnnilicrs,!
iliiiifj; niioraj

llldlldf t!!«l

alifiulyiiil

1 13 wasaliw-l
iUili.illy tli«|

atrs Ncsselij
' (i^h in I'J'I

,y lortlifir-l
litiir vi's*H|

ALLEGED OUTRAGE UPON AMERICAN EIHRERMEN. 183

"ThoAmoricaiiH, by liauliii;j;IiorrinK tliatday, whcnthoEnKlishniou could not, wore
I roliliinj,' tlit'iii of tlieir lawful ami jiish cliauce of aocurinii thoir Hliaro iu them, ami
fiutliii\liiiil llioy Hftiircil all tlu-y had barrod, thoy would, I boliovo, have lillod every
Ivi'SHfl <'!' tlifiiH in the bay." (DopoHitiou of Johu Cluett. ) , , u;,

Hvv al)*i> ll><^ MllidavitH of t\w Auioricau captains.

7. That in coiis(!(iU('H(;o of thiH violinco all tlio v(!Hho1h abandoned tho lishing
IcidiindH; Hdiiio without car^ofH, houui willi vnry suuill cargoi-s purchiksod from tho
liiativi'.'*, and that tluiir voyages wcru a loss to their owu«irs.

I H. Tliat tilt) stiining was conduettMl at a distanco front any land or lishinR pri^iilcRo
inthi'dccnpation of any Ibitish subject. (S«!« atlldavitsWillard O. Rode, Charles Da-
L'l,., and Mudiai'l 15. Miirray.)

I ',». TliHt none of tln» vivsHtdsof tlui Uiiitod States niado any further attempts to Ush,
h,i,'f (), !•(.,. ()!■ four whicli were delayed iu the neighborhood purchastul small supplies of
llniiin". (St'e Hritish depositioiis of John Sauiulers and Silas Fudge, wherein it is
iBtati'd'tliiit the American vesscds only remained a few days, and that after January (i
liio lish caiiie into the harbor. ) All the American allldavits show that the United StatfiH
Ivtsscls wi-tv afraid to use tlieir seines after this, and that they left almost inimodl-

Lji'lv, >*f of tliem coming home in ballast.

If), That this violence I'.as had such an cttVct on this special tlshing industry thatiii

lllic prt's(>nt winter of 1H7H-1H71) it has been almost entirely abandoned, and last win-

Itii'.H ||<M't of twenty-six ('2ti) has been reduced to eight ^8), ami none of these have gone

iinividi'd with seines, but they will all be compelled to jjurchase tln-ir lish of the in-

liabitants of Newfoundlaiul. (See statement of the collector (d" the port of Glouces-

ttcr)

111 Hiipport of these facts wo append hereto —

1. A li.st (if the vc.sMcI.s whom) owners wo represent.

y. The atlidavits of the masters and crews of tho siiino vessels.

;!, Sworn statements of the owners as to the actiui expenses of each vessel npou
Itbeiiitcrnipted voyage, the average profit of their jinn ions voyages, and the loss of
Icari'iicH coiisiMinent upon their forcible expulsion in this case.

4, Statements of the collector of the port of Gloucester, giving the number of vcs-
*l!i ciigagi'd in the Newfonndlaml herring fishery in the winters of 1877-1878 and
187r'-lH7<t.

Ill the dispatch of Lord Salisbury, dated August 2:1, 1878, the British Government
ussort that "tlm United States tishermen on this occasion liad conunitted three dis-
tiiii't hreaches of the law," as stated in the report of Captain Sulivan, viz:

'1, That the Americans were using seines for catching herring on the 6th of Jan-
Diiry, IWrf, in direct violation ()f Title XXVII, chapter 10"2, section 1, of the consoli-
(lati'il statutes of Newfoundland, viz : ' No person shall haul or take herring by or in
mt'liie or other such contrivance on or near any partoftlio coast of this coh)ny, orof
|tH (li'pcndencies, or in any of the bays, harl)ors, or other places therein, at any time

('tween the "iOth day of October ami the iioth day of Apri I.'

"2. That the Ameri(!an captains were setting and putting out seines and hauling
biul taking herring on Sunday, theOth of January, in direct violation of section 4,
felwiitcr 7, of the act passed 2()th April, rS7(i, entitled, 'An act to .amend tho law relat-
iiil,' to the coast lisheries,' viz : ' No person shall between the hoiirwof twelve o'(dock on
piitui'day night and twelve o'clock on Sunday night haul or take any herring, cape-
liii, orsiinib, with net, seines, bunts, or any such contrivance for tho purpose of such
^auling or taking.'
"If. i'hat they were barring fish iu direct violation of tho continuance of tho same

et, Title XXVJI, chapter 102, section 1, of the consolidated statutes of Newfoinulland,

pr at any time use a seine or other contrivance for the catchingor taking of herrings,

iw'lit by way of shooting and forthwith hauling rhe same.' "

! Leaving to your own consideration tho general <|nestion ■whether or not colonial

Igislatiiriis can enact any laws or local regulations which will iu any way control or

Iniittlii' f'liited States fisherman while pursuing his avocation under tho Treaty of

Washington, we desire to call your attention to the full text of the laws alleged to be

nfrinjted (copies of which, as well as of ah amendment passed April, 1877, are liere-

litb iiielos(>d).

TitltjXXXVII, chap. 102, of tho consolidated acts of Newfoundland provides —
"fiKcriov 1. That no person shall take herring on the coast of Newfoundland by a

fciiiiMir any other such contrivance at any time between tho '20th day of October and

p'lith day of April iu any year, or at any time use a seine except by way of shoot-

k'and forthwith hauling the same.

("Sec. 2. That no person shall, any time between the 20th day of December and tho

ptday of April iu any year, ctftcbor take herring with seiuos of less than 2g inches

Ictili, (fcc.

I "^Kt'. 4. No person shall, between the 20th day of April and tho 20Lh day of Octo-

^r in any year, haul, catch, or take herring or other bait, for exportation, within one

1«4

ALLKORn otrTRAfjR uroM amrkicam rrsiiinjMF.W

tnilt;, nioiisnrod l»y tho hJiofo or noroMH tlio vviittir, of iiny Hi'ttlemoiit nitiiutotl betvvpen
Ca\w (Miaptian l{oiij;o and Point Kuni^^tT, nciir Cupo Kiiy."

HtMitiou 'JH |>rovi(tt!H tliiit —

" Notliiiii^ ill tliiHciia|)l<i' Nliall atViicfc Mm rij^Iitu mid |MiviloK«» granted by treaty to
till' miliJcctH of any Htatn or power in amity with llcr MajcHty."

Tlio twfiiity-cii^iith Hcitioii of tiiin act is not lelV.rrtd to by Captain Snlivan inhj,
ri>i>ort, and Hoonm to liavo rNcapcd tli»i iiotieo of Lord SaliHbiiry. Tho unforci'inciitnf I
tliiM act wonbl deprive uh of all tho piivilcj^cs which the lintiHJi Government vftliuii
NO highly, and for which tho United HtalcH Imih paid the inim(;n.se Hnm of livit milliim
live hnndrcd thouHaiid dollarH, ouo million of which \n inidurNtuod to bo allowt'diu
Newfonndland.

l?y HootioiiH 1 and 'i we ii e pndiibited (Voni Hccnrinj; hernnfj in any way from Octdliir
to April, and limited as to the manner and method of lishin;; at all other times nl'tli,.
year. The American lishin;; vessel, liein^ employed in the mackerel lishcry in tlit^siim.
mer and in the herriiif^ lishery in th<i winter, uses tho same seines for both, ami cun imi
and should not bo compelled to ("mply with local rej^ulations as to tho si/e, sii!i{ii'.
and manner of iisiii}; these seines, whether they aie or are not Just and proper wlim
ajiplied to the native iisberuien liviii;; near the lishin;; ;;ronnds. J{nt it ajipears, fnnu
(Japtaiti Kniivan's report and from tlie ISrillsh depositions, that these laws wtntMiii'
known as well as unenforced in Fortune Hay.

There is another section of this act whieli does not concern tlio iircseiit cnsfl, lim
which, if enforced, would almost totally deprive tiu' United Stales (!od-lisliini; vcmhIs
of their rii;hts under the treaty of l.-iTI. The rijjlit to obtain fresh bait on the ('(lasi
of Newfoundland for use on the (iraiid ltanksdnriu<; tin- summer months was claliii.il
by the ISritisb (Joverument to be of immense value ti> our lishenuen, and wassordii
sidered by the arbitriittu's in makiuj? their award. Ibit s! clion 4 prohibits the lakiii;'
of bait for exportation tlnrin^ the summer inontlis for a Ion;; distance alon;; the wiiilli-
orn coast of the island, (M)mi>risin;; the whole of I'laeiuitia 15ay, the nearest and iiuh I
favorite re.sort of onr lishermeu from the (J rand IJiinks after bait. It is true this law |
has not as yot been enforced, but tlxirc is no jjnaraiity that it may not be at any tiiin',
During; the )>ast session tht; Newloumlland le^jislaturo have had under (!onsid(!nitiiiii I
a law prohibiting; the sale of bait to tho American lishermeu, and placing a liriuy [
duty on all ice sold to them for the purposing; of priiservin;; bait.

Th(! section IV, act of Aiiril iJli, 1H7(>, (|uoted by l,ord Salisbury aijd Captain Siili-
van, is as follows:

''No person shall between the hours of tw(dve o'clock on Saturday nij^jlit and twclwl
o'clock on Sunday iiii{lit haul or take any herring, capliii, or s(|uids, with nets, si'liii*.
bunts, or any su<;li contrivance, or set or jmt out any such niit, seine, bunt, or mi-
trivance for the )iurpose of such hanlin<; or taking."

This law only prohibits the tnkingoC c(!rtain kinds of fish on Sunday, viz: IleiTlns,
caiilin, orHi|iiid, and docs not apply to cod or halibut, which the JJritish evidi'inf |
before the llalifaK Commission endeavored to show were taken almostentirely willii:
a short distance from the shore. I5y the ameinlmciit of 1877, this act was extended I
so a.s to ajiply to the taking of all lish for bait.

We deem it nniKH't'SMary to add to this HtatiMiiontany discussion as to the priiiciplrsi
involved in Lord Salisbury's dispatches. 'J'lie only fact to which wo would fiirtliirl
ask your attention is, that the very use of the fislieri(!s for which we now contend »;n I
admitted to be ours uniler the treaty by tlit! Mritish (Jovernmeut before tht! llalifas|
Commission, and make the basis of the award of that tribunal.

The language of the treaty is as follows:

"It is agreed by the high coutra<'ting'i)artiesthat in addition to tholibortiesHeciirtil|
to the United States tishernum by Ihe'couvcntion between the United Si tea and (Jrw! I
Hritaiti, signed at lioudon on '2(lth day of October, IHIH, of taking, curing, and (IryMijI
lish on certain coasts of the Ibitish North American colonies therein detined, tlii'iur
habitants of the United Slatesshall have, in common with the subjects of Iler UrilA"'
iiic Majesty, thelibi^rty, fortlie term of yciirs iiiont iomul in Art, XXXIII of thstrealyj
to take lish of every kind except shell lish on tho sea coast and shorea, and iutltfl
bays, harbors, and creeks of the iirovinciss of (^nobec," »Src. |

It must be borne in mind tliiit ''liberty in common" has been valued by tho Kaiifo I
Commission at $5,500,000, and tlie jtrice of its enjoyment has been jiaid. That awanll
and that payment were made 111)011 the representation of the JJritish Government thai I
the treaty gave (iortain privileges to the United States lishc'inen, tho exercise of wliitk I
inllicted upon the original proprietor n certain amount of loss and dinnage wliidiinl
Justice to their interests reiiuiied such compensation. This exercise,, thoreforc, iwl
stated ill the Uritish case, as evideinied in tho British testimony, as ni 'itainediiit'j'l
Hritish argument, for which tho British Government demanded and received compcnT
Nation, is the British coiiHtrnction of tho extent of "tho liberty in c«nmon" guar- j
an teed by the treaty. I

The British case atatoa the argument as to tbo Newfoundland fisheries iu the folloffj
iug languago :

ALLKGEl) OUTUAdK IH'ON AMKUICAN I'lSIIEUMKN.

1 sn

"It 1(1 iNHortod, ill! tlioiKirt of IFcr MiijcHly's (iovtii'iinu'iit, tliiit (lir actual imi' wliicll
„ia\ l)n inailc "I'tliiH jiriviU'K" lit tlio preHciit inoiiH'iit is iictt h<> iniu^h in (lUCHtion as
tlic aitiiiil valiH' of it to tlioHO wlioinay, iftlioy will, use it. It, is possiliio, andnvcMi
iiri)l)!ilil<', I liat tho lliiilod StatcH llHlicrmeu may at any moimiit avail tliciiisi'lvj^s of t lio
Ljyjli.jji.'ot'iiHliiiis ill Ncwfoiiiullaiiil inHliorti watorHfo ainucli lartit-roxtnnt than tlicy
(lo at iircscnt ; bnt even if tln\v ulionM not <1() so, It wonld not rulicvo tlicni from tin'
(ililjiMlion (if making tlio jnut jyaynicnt for n rijjbt \vlii(^li tlit-y liavo ac(inin'<l Hnlijtut
III the conditio <>f niakinj; that payment. TliccaHo may li<" not inaptly illnMtiatcd liy
tiinHoiiiewiiat iilogonH Olio of a tonancy of Hliootinji or li.sliiiij^ jirivilcjfCH ; it in not
licciuiHi' tlio fi'iiant fails to i^xen^imi tlio rij^litH wliieli lie liaw lU'iinired liy virtue of his
liiiHc tliat till' jiroprietor hIiouIiI l)e<leliar!eil from (lie rccovcT-y of liis rent.

"There is ii inaiked contrast, to the advaiilane of tho riiiteil States eitizeiiH, ho-
twceii the privilej^o of ai'fcsH io lishfiries tho most valnahio and proilnctive in the
wdiiil ami III liarrcn rif.;' aceortli'il to the inhaliitants of Ne\vfoiin<llanil of llsliin;;
ill the (•xllall^tell and pre. iii)ied waters of tho I'nited Stat(!s north of the :W(th par-
allel of north latilndc, in wliifli there is no tield for Inerativo o|ierati"'is, even if
liiitisli Miil'JectH desin d to nsort to IliiMn ; and there are Htrons fjronndH for lielievinj^
lliat vear liy year, as I Fnited Sl.ites lishermeii resort in {greater nntiiliei-H to tho coasts
(ifNcwfoinidlaiid for tho jnirposo of prociirin}!; bait and supplies, they will hecome
111(11' iiitiniately ae(|nainted with the resonrees of the inshore lisliorii^H anil thttir nn-
liiiih.d eajmrify for extension and dcvelojniu lit. As a matter of fact lulled Stales
vi'ssels have, since the \Vasliiii;;ton 'J'realy came into opt^ration, been siieciessfnlly
(•ii>;aj;e(l in IIickc lislii'iies ; and it is hilt rcisoiiahlo to aiilieipato that, as the advan-
tic'CH to he derived fmni them liceonie nioi widely known, larger nnnihers of United
StatcH tisheriiicn will enj^afje in them.

"A paiti("i|(ation liy lishermen of the United Rtatos in tlie freodoni of these wafers
iiiii«t, iiotwitlistaiiding their wondert'nlly reprodnetive eaiiacity, tell materially <iii
111' local catch, and, while afl'ordiii^; to the United States li.sherinen a jirolitahle eiii-
lildyiiieiit, must Nciionsly imcit'en> with local snccess. Tho extra ainonnl of liait also
which is re(piircd for the siijiply of the United States deinaml for the Itank lishei-y
must ha .'e the cU'ect of diminishinjx the Hiijiply of cod for tin* insh'ores, as it is well
known that llie Jiresence of that ti.sh is caused by tho attraction otl'ered by a larj^e
i|iiiuitity of bait lisiics, and as this (piantily (liminishes the cod will resort in fewer
nunihcr'to tho coast. The ell'ect <d' this diiir,niition may not in ill ])robability be
ii|iliarriit for sJnio years to eonm, and whilst United States tishcrmcn will have tho
lilierty of enjoying the fisheries for several years in the presi^nt teeminjj and remn-
iicrative state, tin; elVeets of overlishiiif^ niay, after their rij;ht to participate in them
liiw lapsed, heitonio seriously prejudicial to the interest of tho local liahunnen.

"II. Thi' imvihcjc of procurinij hail nnd supplks, refittint/, tlryitid, transshipping, etc.

"A])art fidiii the iminen.so value to United States (ishermer, of jiartieipalion in Ntnv-
fiiniKllaiid inshore lisheries must bo estimated the important privilege of jtrocnring
liait for the iirosecutioii of the liank and deeit-sea lislusrios, which are ca]ialile of nii-
liiiiiled expansion. With Newfoundland as a basis of ojicrii* 'ons, the right of i)rocnr-
iii;; liait, lelittiiig their vessels, drying and curing lisli, pidjiiring ice in abiindaiKH^
lor the preservation of bait, liberty of transshiiiping their cargoes, etc., an alnxist
coiitiinioiis jirosecution of the JJank tishcry is se.<'nred to them. Hy iii(>ans of these
ailviintages IJniteil States jishernieii have aeiiuired by tho Treaty of Washington all
ik' rt'ijiiisite facilities for increasing their ii;\liing operations to such an extent as to
iiiahio tlicin to Hiijiply tho demand for lish food in the United States markets, ami
lai'Kt^ly to furnish tho other fish niarket,. of th(! world, and thereby exercise a coinpe-

j tiiloii which niiist inevitably prejudice Newfoundland exiiorters. it inn.st bo remem-
lii'i'cil, in contrast with the foregoing, that United States tishiiig craft before llio eon-
iliiHion (if the Treaty of Washington conid only avail themselves of the coast of New-
t'ouiiillaiid for olitainiug a supply of wood and water, for shelter, and for necessary

I ii]iiurs in case of accident, and for no other iiuriiose whatever; they therefore jirosc'^-
nili'il flic Jiank fishery under great disadvantages, not withstanding which, owing to

illiii iailiire of the United States local fislit^ries and the consciiiunit necessity of provid-
ing latw f'sliing grounds, the liank fisheries have developed into a lucrative source

[of ciiii 'iiyiiicnt to tho lishermen of the United Staf»'s. That this jiosifion is appre-

[riiitc'd lpy those actively engaged in the Hank fisheries is attested by the statements

[iifcoinpefent witnesses, whose (evidence will be laid before tho commission."

Ami in the reply of fl^o Kritish Governiiieuf, referring to tho same Newfoundland

[fisht'rioM, is tho following de(daration :

"As regards the herring fishery on tho coast of Newfoundland, it is availed of to a

Jfo'.isidoialile extent by the lluitcd States fishermen, and evidciico will bo adduced of
laii;i' cxportafiotis by tluini in American vessels, jiarticnlarly from Fortune Hay and
lliiMi('i;,'|iliorliood, both to pjuropean and their own mark(;ls.
"Th ■ prcseuco of United Stato» tisbermoii upon the coast of Newfouudlaud^ so far

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Sciences
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WEBSTER, N.Y. 14S80

(716) 873-4503

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186

ALLEGED OUTRAGE UPON AMERICAN PlSIlERMEN.

from being an advantage, as is assumed in tho answer, operates niost prejudicially to
No\i'foundland lishermcn. Bait is not thrown overboard to attract tlie fish, aa
asserted, but the United States Bank lishiug vessels, visiting the coast in such large
numbers as they do for tho purpose of obtaining bait, sweep the coast, creaks, aud
inlets, thereby diminishing the supply of baio for local catch, and scaring it from the
grounds where it would otherwise bo an attraction for cod."

In support of these views, the most abundant and complete tostimonj' was produced
by the British Government, showing tho extent of tho United States herring (isliory,
the character and construction of the seines used, the time whea the vessels canic and
left, and the employment of the native lishermeu by the United States vessels. And
it follows unanswerably that up.7n tho existence of that flsliery between the months
of October and April, and upon the use of just such seine:; as were used by the com
plainants in this case, and becanso tho increasing direct tishery of t'lO United States
vessels was interfering with native methods aud native proiits, tiu'. British govenuuent
<'eman<led and received compensation for the diiuiagi-'s thus alleged to pn^eeod from
" the liberty in common to take fish of every kind " secured by the treaty. With wlmt
justice can tho British Government now contend that the time and the method for
which they asked and received comnensatiou are forbidden by the terms of tho very
tre.'ity under which they nuide the claim and received the payment ?

In conclusion, and in reference to the suggestion of Lord Salisbury that the Ilnitei'
States tishermeu were bound to .abstain from the use of the fishery until duo reju'escn-
tation had been made to Her Britannic Majesty':) government, we would say, witlioiit
argument aa to the correctness Ov any such assuiupti.ui, that as a fact this is just what
the United States fishermen did. They were engaged in the prosecution of a lawf.il
industry, in a method which was recognized as lawful by the .award of tho ILilifax
Commission, the privilege to exercise which their goverimient had agreed 'to pay for.
They were forcibly Btopjied, not by legal authority, but by mob violence. They niiidc
no resistance ; withdrev/ from the fishing ground:) ; represented the outrage to their
Governnuuit ; have not returned to Newfoundland, and are w.aitiug iu perfect con-
fidence that the Government will viu licatc their rights, iiud see that justcompensation
is made for their losses.
EespectfuUv

DWIGHT FOSTER,
. WM. HENRY TRESCOT,

. • ' , " Counsel for Claimant.

APPENDIX.

Liatoftnasels,

Vessels, Oicners.

1, Fred.P.Frye ..Brov'n,Seavy «fe Co.

'i. Mary M .. ." Brown, Seavy & Co.

:{. Lizzie and Namari John F. Wonson &. Co.

4. EdwerdE. Webster Dennis and Ayer.

i>. William E. MacDouald William Pa'scms M & Co.

(!. Crest of tho Wave William B. Coooibs.

7. F. A. Smith Plummer &i Friend.

8. Here ward , - James Mausfield's Sons.

y. Moses Ad.ams Samuel Lane «& Bro.

10. Charles E. Warren Peter Smith.

11. Moro Cp stle Hardy &. Allen.

12. Wildliro Andrew Leighton.

i:{. Maud and Filie W. H. Gardner &. S.G.BoIe.

14. Isaac Rich ^ Walen & Allen.

ir>. Bunker Hill Walen & Allen.

IG. Bonanza H- C. Allen.

17. Moses Knowlton .John Low.

18. H.M.Rogers Rowe Jk Jordan.

W. John W.Bray J. F. Wonson & Co.

ao, Maud B. Wetherell Geo. Deuuis & Co.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

187

B,

Expenses and vlaim'a.

) Fred D. Fryo .
•j. Mniy M

Lizzir mill Niiiuari

I'llwiiiil K. Welmtor

W'illiiiui K. MacDoniild

r;,(«t(.f tlio Wave i.

K. A. Smith

Mosos Adams

This v'ssol iiIho makes an additiniiar claim for vaUio liuriiiiji

H!ilt>s her fiiil tvM-jio

CliarU'B E. Wancii

Mom Castlo

Wililliro .

iiiliur nut, 1)1)

Mimil ami K'lio

Isaac Kicli

|iiinl;or Hill —
Hdimiii!

Mostw Kiiowlton

H. M. no<xi'Tn

Jiiliii W. liia.v

Maiiil li. WcthoroU.

Kspensefi.

$1,700

2, 180

;t, i,i3

1, 754

a, iri3

2, Olil
a, 405

;i, hoo

1,580

2, ISO

2, ma

1,530
2, 37!)

i,ir.o

1,217
2, H55
2, 001
1,940
2,714
2, 018

Claiiua.

$.'., 70C
6,«'C
S,50t
4, 054
4, 953
4,019
4, 895
.5, 748
4, 580

4,000
4, 080
4, 134
0, 309
4, 379
2, 491

2, 077
3, 022
r>, 350
5,870

3, 589
2, .521

00

50
40
50
95
04
.50
05
05

00
01)
10
82
13
09
00
17
00
30
07
34

L'ii'liton.
t.lir«r&S.G.Bole.

C.

Si-ATKMEXT OF LOS.S.

Schooner Fred. P. Fnjr.

This vessel was cliartercd 1)y Brown, Seavy & Co. for a trip to Fortune Bay for

horriiij; iii .January, 187H.

i They piiid tlio o\vn« rs of the Bclioonor for tlio cbarter. $S00 00

Expenses of the voyage, crew'.s wages, provisions, «&c., anionated to 1, 3i"i0 00

MiikiiiK tlie amount actually paid out iu cash 2, l.'")0 (10

[ CrtMlit partial cargo <'f herring sold 450 00

'■'' ' - " ■'■ " ' 1,700 00

I Aild probablo profit calcnlated from preceding trips 2,000 00

• ' 3,700 00

BROWN, SEAVEY, CO
By WM. SEAVEY.

I C'OMMON-WKALTU OF Ma.SSACIIUSETTS,

Suffolk, SS: !, ■;.;;,; „i "i

Dfckmufu 28, 1878.

Then pcrson.ally appeared the above-named William Seavy and made oath that the
Ifdrcnoing statement by him subscribed wa.s true, bel'oro me.

ALFRED D. FOSTER, >
■ . Notary Public, 'ji

Schooner Mary M.

lof oxpeii.se on a voyage to Newfoundland for herring from December fi, 1877, to

February 26, 1H78 :

Di?. ■ '-'''':"-'■

[Ship stores ,f205 35

iLimiber at Lahi!.ve 85 2.''>

ICiislom-bouse fees , 58 75

iBalliist 58 50

lOllirers' and crew's wages (i77 (W

lln»nraii(!e .^^ 00

ICirsjo for tr.ide 400 00

|llii;i,'CTs' and blacksmith bill 80 00

2, 180 :,3
Ivpriijrti profttN of Newfoundland voyages made by schooner Mary M., Cap-
tiiiu Murray, for ten seasons (except the year 187()) 3, 500 00

5,G80 50

-'

188 ALLEaED OUTRAGE tTPON AMERICAN FISHERMEN.

:- . cr. -■•■ : '

By return cargo $200 ly;

' ■-- ..;'_.,■ ''I, '"" " ■ '.; ■' • ' . :.. /. , '■;-.- ' . .' fj,4f0!;(,

• MICHAEL B. MURKAY.

MAS&'ACItUgKTTfi,

Essex, ss : '

Gloitcesteu, Decemfter 23, 1878.
Peraonally appeared M. B. Murray and made oatb to llio truth of tlio statenicnt
fsigned by bim, before uie,
[8KAL.] AARON PARSONS, iV. iP.

Schooner Lizzie and Namari.

' Abtntil expense of voyage to Fortune Bay, Newfoundland, January, 1878:

Port ebargea $H%

Store account 27;f oi

Outfits for voyage 1,245 J8

Charter of vessel (iK! ;i:)

Wood and coal 22 ;!0

Crew's wages r)26 ;t4

Captain's wages 27'.i HI

Insurance onouttits f)r> t?7

Profit compared with previous years H, 00(1 uo

• -■■.:/ ..V G, i:i;i(u

Deduct ii"erchandise and cash returned Mi!) ifi

f), 504 40

This vessel was hired by tis, and we actually paid in cash the amount placed in tie
above account as charter.

JOHN F. WONSON & CO.
Gloucester, Decemhir 23, 1878. * ,, ,

Massachusetts, ' •

Essex, ss : ' : >■ ,

Gloucester, Decemher 23, 1878.
Personally appeared Frank A. Wonson, a member of the firm of J. F. Wonsonii
Co., and made oath to the truth of the statement signed by him.
Before me.
[L. s.] . . ... AARON PARSONS, iV. P.

b - ■' Schooner Edward E, Webster.

Expenses, actual money paid out in voyage to Fortune Bay, January, 1878:

Captain, mate, and crow's wages $720 00

Insurance .' M) 00

Ballast 00 00

Lumber for platform and stage (i2 TiO

Provisions 2.10 00

Refitting in Newfoundland 100 00

i,7r.4r,o

A preceding trip of this vessel to Fortune Bay for herring in the year 1875

netted .'),4OO00

The expenses were 2, .100 00

Leaving a profit of 2,900 00

lRSONS, n. r.

Iarsons, iV. r.

ALLEGED OUTRAGE UPON AMFEICAN FISHERMEN. 189

This vessel was driven off without ol)tiiiuii)g any herring, and her voyage resulted
in n loss of—

(I.) Till- actual oxpeuHcs 1,754 TjO

(•>) I'lolit on voyage, provided the vessel did no better than the previous

^"' year 2,<K)0 00

4,0^4.50

DENNIS & SON,
Per J. G. DENNIS.
Commonwealth of Massachusktts,

Eauex, SH : » i ,,..•- •'.■-. -, ■: c- ..'.;■.;: '

Glouckstek, Di'cemhtr 20, 1878.
Tlicn personally appeared the above-uanicd George Dennis, and made oath to the
truth of the for«goiug statement before uie,

ALFRED D. FOSTER,

Notary Public, ■

Schooner JVilHam E. MacDonald.

Actual expenses, money paid out for trip to Fortune Bay, J..fluary, 1878:

Snrobill $297 83

Kaihvay and carpenter 34 86

Sailiiiiiker .'■ - 4fi5 50

rahitiiig 34 76

lilat'ksinith 4 45

Captain's bill 159 98

WaROS 670 .50

limiiranco 412 00

Sundry bills 74 07

Total actual exi)ensc8 • 2, 153 95

Probable profit, calculated on an average of preceding years 2, 800 00

Total loss 4,953 95

WM. PARSONS, 2d, &.C.

Massachusetts, ^,..

Essex, sa : ■'''^' ' ' • ' ■:■*

Gloucester, December 23, 1878.
rorsonally appeared William Parsons, 2d, and made oath the stfateutent nia^e ^d
siijucd by him is true. / " ' '

Hefore a)e,
[L.S.] . ., AARON PARSONS, iV: P.

Schooner Crest of the Ware. ■ . ;

I Actual expenses of the trip to Fortune Bay for herring in the month of January, 1878 :

I Store bill 1575 19

I Crew's wages 674 00

Insurance , 350 00

iOntiit, lor vessel, &c 944 85

Ballast 75 00

2,619 04
[The probable profit on a trip for herring to Newfoundland, calculated from

preceding years 2, 000 00

[Acid actual expenses '. • 2,619 04

4,619 04
WILLIAM B. COOMBS.

[Commonwealth of Massachusetts,

Essex, ss ;

Gloucester, Dccemhir2Q, 1878.
Then personally appeared the above-named William B. Coombs, and made oath that
[tlie foregoing statement by him subscribed was true.
Meforo me,

ALFRED D. FOSTER,

Noiary Fublio,

f

vlSO ALLEGED OUTRAGE UPON AMliRICAN FISHEKMEN.

*■"'"'' ''■'■ '■•' r-' ',;'''■'■■ '^■■■'^ ■'■--'-'' :"'' Scliouiwr F. A. Smith. " ,•' - '■ ■ .'V^i^'

Actual expeiiBfs of voyugo to Fortuuo LJt^y for liorriug in January, 1871^; money paid

Oivptaiii and crew'n wages ITKImI

IiiKiiranco 470 iij

Jiill lilKt .% (

Liiinbor (^;i>\

I'rovisioiiH 'M\[i\\

Ivciilliiig at Nuwfouiullaud « .* HO to {

■ ■■■ 1,645 .VI I

This vcHsel was hired for the trip, and $8r)0.00 was actually paid for the
charter HriOm)]

'-•■ ,'v.A,-,>--:. , - . .,■,:;.,,.. ,.,,■, i>,4i)5:ii|

rroflt of a fair average voyage, calculated ou previous voyages 'J, 400 Oy

. - - .■. . .: .,,-■' ■/' ■< \' " ■■■■■■ •■•' ''-■ '■■'■■■ ' 4,81I5:*|

JOSEPH FKIENI).
'*■'•' : ■■ " ■; GEORGE W. PLUMMEK,

• • B. T. FRIEND.

COMMONWKALTH OF MASSACHUSETTS,

Essex, 88 :
' *■. • . ' Glouckstkk, December i:'J, 16/8,

, Then iierH'Mially appeartid the abovo-nauicd Joseph Frieud and made oathtliaUlje|
, I'ort'goiiig stulcuicut by him subscribed was true. •

Before me,

' "~ . ' ' ALFRED D. FOSTEK,

,».,,, . . /• Notari) I'ublu.

Schooner Hereward.

The actual expenses of this vessel in the voyage to Fortuue Bay in January, 187!!, |
were :

OiiUit for voyage $1,1)00 ii) I

Wages four months - 1,000 (Ail

PmvisioiiH mn\

Ontlit for vessel, Jilting out, »fcc 400 III I

Insurance (iOO0(i|

. . ■'* ■" ■ ■' "■■"'-' "'■■ '-■■-"■ :•■ .: - ■' ■■;; ' ■ ■■' / 4,:iOO(iO|

Less part of outfit returned , tM»i\

:\, 800 1« I
If this vessel had made a fairly prosperous voyage her profit would have
been 2,000(i«|

G,800(
Less small amount of herring brought back (SMI

5,748*1
This vessel having been prevented from obtaining a cargo iu Newfoundland,

her loss was 5, 748 (

A seine was carried down by this'Vessel, wliich was destroyed by the natives wkj
were hired to set It.

JAMES MANSFIELD & SONS,
By ALFRED MANSFIELD.

Commonwealth of Massaciiusktts

Ensex, ss :

Gloucestku, Dcccmher, 20, 187a
Then personally appeared the above-named Alfred Mansfield ami made oath tljal|
the foregoing statement by him subscribed was true.
Before me,

ALFRED D. FOSTER.
Notary rublic.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN. 191

Account of the achoo.icr Mosea Adams's herring voyayv to Newfoundland in 1877.

Outfit** 101- vo.viigo $i,0(t:j 8;{ ;" .

t'asli piiif' ""* '" Hritish Provinces loi MUiulrics 110 00 ,

Ciwb paid for liorriuj; ID'J 00

Insuianco •. 541) (iO

VVaL'ospaid captain andcre\v» 744 87

^ !3i-2,»;07 30

ChhL received for borriuguold l,0!il "Jo

ijim or.
Probable protit if arrive bume with a full cargo -i, 000 00

--: 4,580 05

Valiio of liorring lost by mob tripping tbo Hciiio which would bavo been
Ho'd to other vessels waiting to purchase 4,000 00

Total loss to ibe scboouor caused by the mob 8,580 05

, ' '* MEMOKANDUM.

This schooner's seine was filled with herring when the mob tripped it, and they then
emlcavorud to «bjstroy the seiue, but wore prevented by the cui)taiu and crow, at the
peril (if liiiiir lives.

We bad this sclioom built for mackerel lishing in summer, and Newfoundland
herring tisliiug in wintir. S-je is all furuished with herring seines and bouts for
hiicli biiisiness, but having been deprived the privilege of seining herring in Newfound-
laud, and by mobs, we have been obliged to ubaudon the enterprise, causing a great
less to us. . . ■ '

V SAMUEL LANE & BRO.
Massachusetts, . . ' •:-

Essex, sa: '

January 3, 1879.
Sworn to bef3re mo this 3d day of January, A. D. 1871).
[sEAi-.] AARON PARSONS,

Notary Public.

Expenses of the schoouer Chas. C. Warren on a voyage to Nowfoundlaud in the winter

of 1877 and 1878.

Outfits, - .

ItiO hogsheads salt $270 00

!HIO barrels , 700 00

OutlitM for voyage 1,40Q 00

Crew's wages , 1, 400 00

Insurance , 'i.'iO 00

Port charges 30 00

4,0.'')0 to
400 barrels herring, (cash paid) .500 00

4,010 00
Deduct return cargo : '•: ■^' ■■• ,

800 barrels herring 2,400 00

30 hogsheads salt 30 00

' ' " ^,430 00

Expense, loss '2, 180 00

iiOU barrels herrings y,500 00

Netlqsa 4,080 00

PETER SMITH.
i State of IiIassachusetts,

"Essex, 88 :

Gloucestek, December 14, 1878.
Personally appeared Peter Smith and made oath to the truth of the foregoing ac-
I count signed by him.
Before me.
[SEAL.] AAEON PARSONS,

Notary Public.

mL.^. ■'^

ALLEGED OlITUAGE UPON AMICUICAN FISIIEUMEN.

Sthoomr Moro Crtillv. '

Store hill, Ac ijligi k;

Crew's wages 021 U

Hivlliist ...' 30(10

Insurance 420 do

Cargo or outlits 'J"JO do

Profit 1874 and '75 I'/Moj

4, 131 1'j
Schooner Moro Castle, Ncwibuudluuil vovago, 1877 and 7ri.

Mckenzie, hardy »& co

Massachusetts,

Ehhcx, hh :

Dkckmuicu 12, 187H.
Personally appeared S. N. Hardy, and made oath to the truth of above statement
before me.
[SKAL.] ' • AAKON PARSONS,

Notary I'uhlic,

Account of Newfoundland voyage schooner Moro Castle, 1H74 and 75.

Store bill $lg!01

Outfits l.tWO.Vi

Custom fees, &.c 14 jd I

Oakes V. Stevens' bill 2!)j|

Haskets 61

Bill of ballast 11 20 1

Bill of lumber ^Cj

Shovels 2 50

J. G. Tarr & Iko.'s bill 201

Wood and coal 21 ;iO I

Telegraphing ',\%\

Insurance 420 (

Crew's wages 471) (In

Captain's wages .*. 315 00

Capt. NaKs' bill 174 fti

Expenses to New York 14 00

Use of chain 15 00 1

Commission ou snles 550 (

■ • :},320 31|

Cu.

For sales of herring, &c ^ 5,301 K I

■ ■ -^ - 1,1)8101 1

Schooner If'ildjire.

Actual expenses in voyage to Fortune Bay in January, 1878.

Wages of captain and crew $(i2H'2l|

Insurance 570 00|

Ballast 581

Lumber and cost of erecting platform and stage 70 Hi I

Provisions .. 2Q4:£l|

. - ■■■'■ ■ '"'• ' "- ' ; ■•" ' i,53u:i;

The last preceding voyage of this vessel to Fortune Bay, January, 1875, she

l)rought btu-.k a cargo of herring, which sold for (i,414 'S

The expenses of that trip were L.^'ibiij

Leaving a profit of '. 4,87H»|

As this vessel was driven away by the people of Newfoundland without obtaining |
a load of herring, the voyage resulted in a loss of — •

(1.) Money actually paid as vjxpenses ^l,530ffij

(2.) Estimated profit, if the vessel did uo bottler than last year 4, 878 * [

(5,301ts|
ANDREW LEIGHTON^

HMKN.

$10Hf,

r>ui?'i

aoiKi

, 420(11

, OlKlOo

1,98101

4, i;ii 111

IIAUDY & CO

:cKMiiicu 12, 187H.
of above statouient

N TARSONS,
Notary I'lMk.

1874 and '75.

, 818!i01

i.UHorH

Mail

2W

(i »i I

1120

r)65

"250

2«i:l

'ilMl

ssol

4201

47'Jffi|

:ur)Oo

174W

14 0(1

15 00

550 00 1

;i,:i20ii

5,^01 » I

1,'J81(

y, 1878. :h- ■-

$ti2H'i;i

57000

58 W I

70 ;i;

;204;S|

i,5:io:i;j

187;"), sbo
........ r).4MiO

l,:)&&\

: 4,87Sf5J

without obtiviuiugj

. #!l,5309lj
4,H7««|

W LEIGllTON'

ALLEOKD OUTKAUli IJl'O.^^ A51EU1CAN I'lSlIEUMEN. 11)3

' COMMONWKAI.TII UK MASSACmjMKTTS,

Eauex, «« ;

Ou) ITCK8TEB, December 20, 1878,
Then pciMonally appeared the ahovo-uaiiiod Andrew Leighton, and made oath that
111!' f(ii('j,'()in); statoniont by him HubH^sribed waa true.
lielbro 1110.

^. ALFEED D. FOSTER,

Notary J'ublio,
Svhooner Maud i^ Effle,

Actual expeuHOB as paid out ou account of voyage to Fortune Bay, January, 1878.

I'o.t cliiirsus, Newfoundland }20 40

Store iiccoiint ^Tjy IH

I OiitlitH lor voyage 1,40.') 02

I Liiiiil)cr for Hcattbld l."") 00

l!alliwt 40 00

i Cu'w'rt wii^oH , CiO 00

I Ciilituin's wagec :i75 00

riliitiijjo, Halifax 10 00

liisiiniiK-o ■ 375 00

WihmIuiuI coal 20 00

Kaihvjiy 19 r)5

JLiisdou Hciue and gear 1.00 00

• 3,333 13

! IJiiliict merchandise and cash returned 1)54 00

Loss on voyage 2,379 13

On account of the disturbance made by the British fishermen of Fortune Bay, in

laiiiiaiy, 1H78, resulted in a loss, as follows:

[Loss on voyage as exponas $3,379 13

[ I'rollt ou voyage as should have been, as compared with previous years 2, 000 00

Making an actual loss of 5, 379 13

Gloucesteu Fish Company,
., WILLIAM II. GARDNER.
. .' ■ r SAMUEL G. POOL.

JC'OMMONWEALTH OP MA88ACHU8KTTa, ■ ...

Gloucester, December 2, 1878.
Tlicii itcrsonally appeared the abovo-'^imed W. II. Gardner and Samuel Pool, and
[iiiiido oath that the foregoing statemoui; by them subscribed was true.
lieforo mo.

ALFRED D. FOSTER,
'IS.. Notary rublio.

Schooner Bunlcer Hill,

■ 'i-'-^'-^- ^^'^-"^'r ,::•'■■• ■^:-: -^^■-' NEWFOUNDLAND Trip, Januttr^, 1878.

IWagos |797 25

llimurance 450 00

ISiilt 375 00

ICash 413 00

IC'arfjolor trade 9.'j4 20

ISiorubiil 190 05

3,179 50
Sale of981 barrels of herring, at $2 1,962 00

1, 217 50
! cargo of the vessel had been contracted for at the rate of $3 per barrel,
Init ou account of the delay they brought $2 per barrel, leaving a loss of. 981 00
Full cargo would have been 1,300 barrels, but on accoant of disturbance
did not obtain but 981 barrels, leaving a deliciency of 319, which would
have cost $478.50, were sold for |957, leaving a loss of 478 50

Total ,.„.,,.,.,.„ 2,677 00

WALEN & ALLEN,
S. Ex. 113 13

Ill
111

194 ALLEGED OUTKAOK UI'ON AMEUICAN F18HEUMEN.

Hchoonvr Isaac liich.

Newfoundland Timp, January, ih7(..

Wages $7%j(|

luHurance 400((

Store bill >^l;i;{

Halt 'Ati^l

('iwh iniia

Hill of liorrinu 12U'^n

Cargo for trutle l,u:!u,;i

Sale of herring, 918barrelg, at J2 1,K)6(I)I

, 1,150«)|

Tho cargo of the vchhoI had been contnictotl for at ^',\ i)or burrul, but on ac-
count of the delay they only brought if'i jior barrel, leaving a 1oh« of 'Mifs\

Full cargo would have been 1,^00 barrels, but on account of the diuturbance
did not obtain but UIW, leaving a doliciwncy ii82, which would have cost
$423, wore sold for 1J840, a Io8s of 4'*«)|

a,4i)i((i|

MICHAEL WALEN,
Massachubbits,

Etaex:

GLOUCE8TKU, Diicemhm' 23, Mo,
Personally appeared Michael Walen, and made oath to the truth of tho twofore-|
going Btatenicuta signed by him.
Before nie.

[L. 8.] AARON PARSONS,

Notary rublk.

Schooner Bonanza.

The actual expenses of this vessel, iuclndiug cash paid for wages on the
voyage to Fortune Bay, Newfoundland, for herring, in Jaunary, 1H7H,
were : fi,V&%

The last i>rccoding trip of this vessel to Fortune Bay netted by sales of
herring 4,006151

The expenses of tho trip wore ;t,465(ii|

Leaving a profit of l,141t!l|

This vessel wae diivon off in 1878, and only obtained a partial cargo —

(1.) Actual expense, 1878 ?2,8ii5ill|

(2. ) Profit on voyage provided the vessel did no better than on her iirovious
voyage 1,14131

3,y!i?ii|

Deduct value of partial cargo i)"5(l

Leaving a loss of j DiOtil

--^ - - JOSEPH O. PROCTOK,

' For aeJf and other owiim. \

Massachusetts, ■..'/-'> ''--•:■'.

Eaaex, ««; '

Gloucestku, December 21, 18*8.
Personally appeared Joseph O. Proctor, and made oath to the truth of tho aborj
statement.
Before me.
rsBAL.] AARON PARSONS,

MtaryPuihl

AliLKGED OUTRAGE UPON AMEltlCAN KI.SIIERMEN. 195

School.. I MoDtH KnowUon. ^

Actual cxiiciises of tho trip to Fortuno Hay for herring in the yoar 1677 and 1878 :
IwiiL'tsHof crow |h;M <>0

t.L^ ''i'Z

|l,j.'liMiii)iu-y ■«' '"'

LimcMll. i)i()vlnions for crow, «.v.c W'tH) ()(•

iLumberlorMtiigo ami Httint; vohsoI ;{r>0 00

l,(Kil (50

ll 1111 not tin) owuor of thia vossol, but liirod hor for this trip, puyin^f for
■ thochiirlcr 1.000 00

lActunl iixiHiiirt«'« %W>\ (iO

4(lil iiiobiiblo profit, calculutod average of prcvioiw yearn U.OW 00

Lnsson trip t>.'»<'l <>0

Catlit l^^O barrels purcbaaed of the inhabitants of Newionudland 305 00

Spoilt by tho delay &,35G GO

JOHN LOW.

llASSACUL'SKn-8,

Esaex, aas

Glouchster, MA88., December 23, 1878.

IVisoniilly api)eared said John Low, and made oath to llio trntiiof the foregoing
Itati'mciit signed by him before me.
[SKAL.] AAliON PARSONS.

JSolarn Public.

Schooner Jlerhvfl M, Eogera. > . . ■«. .

Actual oxpcnses, moinsy paid out ou account of voyage to Fortune Bay, January, 1878

CiwtoiiiH - $4 10

ktdie iiccoimt 222 80

Biillit for voyage ;. 1,278 O'J

[imik'r lor platform r 6 00

Erow'H wages - (513 (55

|)a|itiiiii's wages 3150 00

nismiuico ^ - 3(52 (50

IS'iiml and coal 17 50

ilwiiy 18 50

laiiiiiiast and setting tip rigging 1(58 00

Iscuf clirunometer 15 00

' "•■ " ' ■".-- "■■ 3.0(56 18

fcduct proceeds of the few barrels of herring brought back 1, 120 00

Actual loss of voyage 1,940 13

itliolast voyage to Fortune I5ay the same vessel netted (5,285 70

^0 actual expenses were 2,355 53

Loavjng a profit on the voyage of 3,930 17

iTlii) triji of January, 1878, to Fortuno Bay, ou account of tho disturbance made by
|e British lishormen, resulted in a loss of —

) Actual expenses $1,040 13

l)Prolit ou the voyage provided the vessel did no better than in tho pre.

|viou3year 3,930 17

5,876 30

EOWE & JORDAN,

Oumers and Agents.
By WILLIAM H. JORDAN,

n ff5

I:

11)() ALLKOKU UUTUAGK Hl'ON AMKUICAN I'lMlIKUMKN.

COMMONWKALTII OK MaHHACMUHKTTS,

Ksnejc, at:

(ii-ouCKSTKH, Ikccniber 'i, Kj
Thou i»oisoiinlly ttppoiirod tho aforomiid VVilliiim II. Jordiin, mid imwld (lath th«|
the furuguiiig Hliituinuiil liv liiiii Hiil)Mcril)cd wiin triio, bofoio mu\

ALFiiKD 1). i'(»Hrr;i(

Solitry y'liWif,
Schooner John W. liraij.

Statoiuont of kip to Fortiino Buy, Nuwfoiindliiiid, Juiiuury, 187fi.

KXrKN8K.

Port uhargeM y^A

Storo accoiii't t!l\\

Oiitlitb '"or voyiigo l,(il.ili;l

Wood mid coui 'jml

liiHiiraucu IITiOli

('i'uw'n wiigus TiHli

Ciiptaiii'H wagoH « ;WIC|

Luuii oil two liiioH and gour 175

Profit coinpftred with provioua yoarH i!,4U,Mf

5,1145
Proceeds from part cargo of liorHiig brought home l,,",,S(

lialuncc 3,5cj||

JOHN F. WONSON & CO.
Oi.oucKSTKii, Dtc«n6cr 23, 1878.

MAS8ACllU8F/na,

Essex, 88 :

GLOUCK8TKU, December Z), IWi I
IV^rsoually appeared F. A. Woimoti, a iiioniber of the ririii of J. F. Wouhou &Co.|
and iiiiulo oath to the truth of thu utatemuut uigued by him.
lloforo mo,
[L. a.] AAliON PAIWONS, .Y. f.!

Schooner Maud It. Wethvrell,

" Actual oxpoiiBOH of trip to Newfouudland for honing in January, 1878:

Store bill ?5Bj

Crew's wages 82! J

Ballast (iOJ

Insurance 4*51

Salt iffij

800 barrels (iH

Duties on barrel Newfoundland.

I^abor 451

Harbor dues 'i)\

■ ■ ' -•:■...' -.-'■• ■ --.-- ■ - - .,:....,; ; , 'y.. 2,1

• TOTAL HXPKN8ES. < > >

...;. ' . ■ , .-■''*•■-'

By the attack made by tho inhabitants upon the seines, the captain was
forced to purchase his herring for

This vessel was fitted out for 1,200 barrels ; she was able to obtain only 800 iua

Actual expenses S'2,1

Money paid for lish , l.lWl

Loss of profits on 400 barrels, at %2 .

' 4,rKii|

Credit i
By proceeds of herring sold -'

Making total loss of. "■''•'*

, GEOEC DENNIS &C(|

KN.

AI.M-^il'l) oDTllAOK ITPON AMRRfCAX T'ianKl!Mi:>^.

K):

ember 'i, \<,i,
iiiidd oiktli tliul

•'OSTKl!.
\'otnrii i'liWir.

, ia78.

s+ial

'>-r!\

l,lll.li'|

a)!!

.>ii

"JiU'l

i;:,

•2,7US

'i,i%D

r),iu5
l,.v^l

V^H

ONSON & CO.

hlASSACIIISETTrt, , V .

Ql,oU(;KHTKli, l)«i»mber "iW, 1878.
ivrxiiimlly ii|i|><'<i<'<*<I Oflor^o DimhiIh, niiil iniitto oiitb to tlio truth of the itbove Htiito

liiiciit NiKiii'l I'.V him.
iicl'ort) iiK',

ISKAI..]

acetuher i!:!, 1874 1
'. Wousou & Co,

JISONS, X P,

ary, 1878:

J-2(6l

(fill

4-5J

.. ftifll
tioi

•i5|

llll WilS

<}im

lioulyBOOiualt
),1W|

1^
'J,Off|

)ENNIS & C3

AAKON I'ARHONS,

Notary I'uhUc.

Afflilarllr. in reply,

rii.or;CRSTKU, Deremher 10, 1878.

I Cliarlfw Daglo, inaHtor of tho Ainoriciin sclioonor Liz/ic mid Nuniiiri, of Kookport,

Idisliif't iil'dloiico^tnr, «ht, on oiiMi, dopoHi! mid Hiiy, that I know Mr. iJitlt, whoreRide<l

liii It liiit <••' Hliiviity iioiir 'I'ickh) HcikIi, Nowfoimdhind ; t liiit I wiw tluiro on tho (>tli of

Jiiniiikrv, l-*78, mid siiw tlut hostih< iirtK of Mm HritiNh lUlHiriiion. Mr. M4>!t'H hut in

liioiit i')0 yards liiii-k from thii bench. I hiivo hcoii to Ninvfoiindhmd f<Hirtoon snc-

Iti'ssivt! vt^iirs, mid iinvcr heard of any porsons (daimiii^ any rights on tlin IwMudi, «very-

[)(i(lv iiMiiijj it ill romiiion. 'J'hf. thitte hilts tlicre are in tho iiatnro of Hijuatter property,

(iHii'l only ill tiie winter. Mr. Holt never iiiiuh^ any idaiin that I know of; and tho

Hnnriiiiii seines were not used within ;tO() yards of Kolt's placo, oxcopt whoro tho

cin. s wen' hauled on the, boaidi hy British lishitriiien and destroyed. Tho soinos that

(cn'oldijjt'd to h(i taken up were ;">()!) yards or more from IJolt's phioo. Tho Boino of

till !■', A. Smith, Captain AieDonald, was oinvfoiirth of a mile awiiy. Mr. llickoy, a

siiliiit <>f I'ortiino Hay, hail his soino nearest to Uolt'H house. Mr, Hickoy'H Hoino

jviiHtlii' first seino sot on tlu (!th of January, 1878, and tho British tlshormon attaokeil

I iw well as tho Aineric:in».

CHARLES DAGLE.

j!ASSACIIL'HEr!\S,

AVsw, as :

OLoucESTKn, Jiecemher Vi, 1878.
i'crsonally apfieared Charles Uajjlo, and inado oath to tho triiih of the above state-
fcii'iit. . I

Helbre nio,
[sKAi.,1 AARON PARSONS,

I Notary I'ltblic.

Or.oucR.STKR, December 10, 1878.

I, William G. Poolo, mastor of the Aniorican sohoonor.Maud &. EfTle, of Gloiiccs-
Jer, (111, on oatii, deposn and say, tliah F know Mr. Holt, and also tho location of his
|nt at Ticklo Hoach, Nowfonndland ; that I was thoro on tho (ith of January, 1878,
niUaw mill know of tho operations of Mio American soinos ; that tho lint of Mr. Bolt is
|illy l.'iO yards hack from hi^h-wator mark from tho boaeh ; that I novor hoard or know
f any inilividual or body of men elai>iiiii<; any pooiiliar ot particular rights on *Jiis
jeaiii, nor was any ono over liindonMl from lishinj^, oxcopt on tho occasion of the <Mi
' laimiiry, 1878, to my knowledfro ; tlio'-e was no so'iio used by tho AmericanH at anx
icon tlio beach or within '100 yards of .Mr. Biilt's hut, oxcopt tho soinos captured by
fcoDiitisli tishorinon, which wore hauled on to tho hnacli by thoin (tho Hritisu tisher-
Kii)aiiil cut to pieces and «lestroyod.

WILLARD 0. POOLE.

Issex.m: , .,,. .,'._, . , ,,, , ,. ,. , . '[:-■'' i,'...y , '

■ ' i"" : ; Gloitcestek, December 11, 1878.

IVrsonally appeared before rao the within-naincd Willard G. Poole, who subscribed
|iil made Oj^th that tho within stateiuout is true.

ADDISON CENTER,

Justice of the Peace.

|I, Michael 1$. Murray, master of tho American schooner Mary M., of Gloucester, do,
Voatli, ilopo.se and say that I know Matthew Bolt, at Tickle Beach, Newfoundland ;
kvi kiiiiwii him to have a shanty there, and lives tiioro vvintors, for the past four
TO. I never heard or knew of Mr. Bolt or any other person claiminjr any peculiar
partiinilar rights on this boaoh, nor exorcising any authority there, except tho
Itiimof tho mob on tho (ith of January, 1878. Mr. Bolt's shanty is about 150 yards
fniliifjli-wator mark. Tho American seines were operat6d more than 400 feet and
|e south along the beach from Bolt's hut.

MICHAEL B. MURRAY,

198

AtLEGEt) ODTRaGE UPON AMERICAN l^lSltERMEN.

Essex, SB : -s

' Gloucksteh, Dece»n/.T23, 1878,

Sworn to this 23d day of December, A. D. 1878, before mo,
[8KAL.] AARON PARSONS, A. /.

I, Michael B. Murray, of Gloucester, maHtcr of the American scbooner Mary M. do
hereby on oath, depose and say that I have invariably made good voyage, to Ni wfonmil
land, and, with the exception of 1876, have made n clear iirolit, over and ulmvej'l
expenses, of at least tliree thousand five hundred dollars for each voyage.

lu the year 1875 I made $r),;{00, cUarof all expensa, on my voyage to Nowfouinlhniil
for herring. In 1874 I made $5,500 clear of all expinso. I

In the year 1876 I had a cargo of 1,445 barrels of salted herring ; was very late ii|
the season, and cleared only $2,000.

MIClIAe^L B. MURRAY.
Massachusetts, •■.■■',■.■•''"'' v-

Essex, ss:

Gloucksteh, Deremder 23, Igli.

Personally appeared Ivi. :;. Murray, and made oath to the truth of the above Btat»|
rnent.

Before me. •

[8EAL.J y '■/^■;-,-, .■;;■- ,„'■' '' ;;'' /■''-; aaron parsons, jv./^

■ ;V ' V * '.'v. Gloucestei?. T-e&rKori/ 5, 187a

I, Peter Smith, of Gloucester, master cf tlie American schooner Charles (J. Warrpt,
of Gloucester, do on oath, depose and say that I was at Tickle Heach, Fortiiiip liaj,
Newfoundland, on the 6th of January, 1878. That I had been to L.ibriulor, froij
thence to Bay of Islands, and thence to Fortui.e Bay, for a load of herring. On ilij
morning ni the 6th of January, 1878, herring made their appearance in cIoh() pniximiti
to the shore in great abundance. I was provided with two seines with wiiicliti
take herring, and should have loaded my vessel and others on that day. I had mj
seine in the boat, and was preparing to use it when the attack was ma<io on tlieotliei
America' . seines and I saw them destroyed, and found that the mob of two ortlirw
hundred of the British lishermen wore deterrnini'd to destroy every s<Mne, smd .'did
not dare put my seine in the water. After this time I bought of the British fislierrceB
about 400 barrels or herring, paying one dollar and forty cents per barrel. My veit*!
would carry 1,300 barrels, all of which I could have taken on the 6th of Jaiinarj at
little or no cost to myself. I was about a fortnight buying 400 barrels of licrrinj;. l|
consider that my loss was at Inist $3,000, in iiddition to the (xpense of the voyaj;e,lij'
the hostile acts of the British lishermen.

PET]]R SMITH.
State of Massachusetts,

Essex, ss: , r^

Gloucesteu, December M, Irili
Personally appeared Peter Smith, and made oath to tl)(! truth of the above sUte
ment signed by him.
Before me. ,- ,.

[8EAI,.] -' AARON PARSONS,

Noluni I'ulilk.
E.

r»'! M

Official statement of Xewfoinulluiid herring jhhery.

I, Fitz J. Babson, colit^ctor of customs for the distri(^t of Gloucester, do certify tlull
the following-named schooners wore employed in the Newfoundland licrring tisliffll

•luring season of 1877 and 1878 :

*" To«|

Sch. Herbert M. Rodgers -.. '•''

Moses Adams

John W. Bray ^^1

Wildfire ', Ml

Edward E. Webster

Hereward 9*1

Bunker Hill

Landseer

Isaac Rich ,

Ontario H|

New England... '"I

Frank A. Smith , "I

rmen.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

199

ecetnu ir 23, 18;,..
•ARSONS, A-. /'.

>ouor MaryM.,il,i
'ago, toNi \vfounil.|
vor aiid aliove s!i
'oyago.
to Nowfoniullandl

was vory late in |

L B. MUKRAY.

>ec.enibcr U!!, Wd
if tlio abovfi 8t;it(.|

PARSONS, A'. /',

Fehruarij Ti, 18??,
iliarlds C. Warren,!
acli, Fortiiiifi llavj
to L.ibiiulor, from I
fliorriii};. Ou ilnj
>iii clo8o pi'dxiiiiitjl
no,8 with which lo I
lit (lay. I liad iii;|
^ iniwiooii tiicotkl
ol) of two (irtliml
ry 8>Miio, iiiul ! <
vi British li.slicrn'.eD|
barrel. My vchII
(Jth of Jumiaryatl
prols of hurriiij;. l|
1 of the voyajje, liy|

•ETER SMITH,

kcemher 14, IsR
llio above Btalfrl

PARSONS,

Noturji I'liblk.

ror, do certify tlml
1(1 liorring lisiienl

Tost I

-M

Ml

.... ti

■ m

... n
"".'.'...... n

IMI

Sll

'...; li

.... «i|

i

'Sell. Win. E. McDonald 98

'' More Castle 8U

Bonanza lj|~

.Icnnio A. Stubba 198

Lizzio & Namari 94

Crest of the Wave 71

Moses Kiiowi^in Ill

MaudA. Kflk 85

Fred. r. Fryj,, • » 8;>

MaryM - lOi

Maud B. Wetberell 10^

C'lMiard 75

Charles C. Warren - 109

Bellerophon 1 86

'26 veHsels. ,

fensels employed during season of 1878 and 1879 in Neipfoundland fisheries. ;

I Sell. John S. McQninn 82

Falcon 72

Nev England 8ti

Rattier ,... H'-i

Wild Fir" 109

Hunker '. I 101

Isaac! Rif^ SW

Centeiiuial 116

8 vessels.

\Vitne,ss my band and seal this lOtli day of January, 1879,

[SKAI,.]

F. J. BABSON,

Collector.

. ^ ; lAppendlxB, No. 347.1 .,

Mt , Pew to Mr. Evaris.

Gloucester, Mass., March 7, 1878.

Sik: We herewith send to your department our claim for loss 8r.stained by us
[tiiroiijjli the destruction of the seines of the American lishing schooners Ontario and
|Kew England belonging to us.

The particulars are fully sot forth in said claim and the affidavits of the masters
l&m\ crews of said schooners.

We earnestly hope that the Oovornmout of the United States will take such action
I ill the jireniises as will secure to American vessol-owners, their masters and crews, the
|Tij,'ht to fish iii British waters, granted theta by the treaties of Great Britain with the
[Uulteil States. I^, is a matter of j;rt!at importance to tho fishing interest of Now
jKiigiand, and especially to tho jieoplo of Gloucester. We are not safe in sanding ves-
lai'lH to fisii in British waters, and tlwrefoie tho rights granted to |our people uy tho
jWaf^hington Treaty are of little value, while tho rights granted by the United States
[to the suhjocts of Great Britain to bring fish to our Miarkets free of duty is a gi'oat
jiliiuiago to our fisheries and of great value to the p«'„iplo of the British provincets.

With the fullest confidence that our application will receive duo consideration,
We are, &c.,

JOHN PEW & SON.

„ P. S.--Wo also inclosp you two printed copies of our petition ctxA accompanying
lafiidavits, thinking they may bo a convenience to you. — J. P. & S.

|To the honorable William M. Evaiit.s,

Secretary of State :
Rcspcntfiilly ropreseut John Pew, Charles II. Pew, and John J. Pew, ull of Q'. jUcoh-
pr, county of Essex, and conunon'.vealt''i of Mas.sno'uxsetts, copartners under tlioiirm
Titylo of John Pew & Son, that they are American .itizens, anu engaged ij the fishing
pusiocsa at said Gloucester, and were and are owners and fitters of fishing vojwela.
That they are the sole ownors of the American fishing schooners Ontario oud Kew
EDgland, of said Gloucester, and were such ownors in tho Louths of November,
Decemher, aud January last past.

200

ALLEGED OtITRAGE UPON AMEUtCAN l^IRllERMEN.

That both of said schoonorH worn fitted for tho horriiifj fishorips in the iiiniitluif
Noveriiber, lri7V, and for voyages to Nowfouudlaud, and provid d with seines for cairli.
jng herring. That said schooner Ontario, whereof Peter McAulay was master, Huileil
on tlie first day of December, 1877, from said Gloucester, and tlie said schooner New
England, whereof John Dago was njastor, on the twenty-eighth day of Novombfr,
1877 , that both schooners had a full supx)ly of men and ontlits for said voyage. Tliai
said schooner Ontario, when she sailed from said Gloucester on said voyage, witliLcr
outfits and seine, was worth the sum. of seventy-live hundred dollars ; and tho said
ISow England, with her outfits and seine, was then and thei-o of tho value of eiglity.
five hundred doUiirs. Th!;t said schooners both returned to said Gloucester from said
voyage, on the seventeenth day of February, without any herring, except that tin
said Ontario had about fifty barrels purchasf d by her.

And we further represent that we aro inibrmed by the masters and crows of said
schooners, and believe the same to bo true, that the reason why they returned without
any herring and made disastrous voyages is that they arrived at Long Ilarhor, Fur
tune Hiiy, Newfoniidland, on or about "iho sixteenth day of Decend)er, lo77, and inuiid
herring scarce, and were unable to rovain any considerable quantity of herring, and
that the masters and crews of said schooners waited at said Long liarbor until tlie
sixth day of January, 1878, to catch or i)urchaae herring, as they might be able to dn;
that on said sixth day of said January, " the signs for herring l)eing good," the mas-
ters and crews of both of said schooners joined their purse seines, thereby milking ,i
double seine, which was of tho value of at least fourteen hundred <lollars, and niakinj
a seine of about twenty-four hundred feet long .and one hundred and fifty feet (lee|i;
that the masters and crews of said f 'hoonors threw said double seine i.t said Loni;
Harbor and caught and secured ther. in a very large quantity of herring, anioiuitiiii;
u» at least two thousand barrels of horrirg and more than suflicient to load botini:
aaid schooners.

That at abnut four o'^elockof said sixth day of said January some two hundred men,
who belonged about Fortune Bay and had goi;e ashore from English vessels in said
Ijong Harbor, made a war-like demonstration against the masters and crows of said
schooners and seized hold of sai(i double seine, tore it in jdeces, and carried it oil', and
thereby freed all of said herring -ind prevented the masters and crews of said schooners
from obtaining them, and thereby destroyed all liopo of their obtaining a cargo for
either of said vessels. That of said two hundred men some sixty took hold of said
seine .and destroyed it, and tho others were participating in tho destruction of tlif
seine by inciting and encouraging those who were destroying it.

That the masters and crews of said schooners were pursuing their business of ciitcii-
ing herring at said Fortune ]3ay in a lawful manner, and were not in any manner nr
form interf«!ring with the rights of any par*;y or parties at said Newfoundland, and
that tho action of said parties in destroying said seine was a most wanton destruction
of the property of said firm, and was without tho least justification in law or good eon-
science, and w.as intended to bo a war-like denuuistration against the American vessels,
their owners, nuistors, and crews, and to intimidat(» them and prevent them from pros-
ecuting tho herring fisheries in the w.aters of Newfoundland by catching herring, and
thereby compel themtobuy herringof the iidiabitantsofNr wfoundlaud, if they would
obtain them, at such prices as said people of Newfoundland might ask for them. That
all the American vessels at said Newfoundland on said sixthday of said J.anuary were
from said Gloucester and were there for herring, and among them were tho schooners
Moses Adams, Herbert M. Rogers, John W. Bray, F. A. Smith, Hereward, William K.
McDonald, Moro Castle, Ed. E Webster, Bonanza, Wildfire, Ibmker Hill, and Isaac
Rich. That said schooners Ontario and New Eiiglang were, by reason of the dcstrnc-
tion of said seine and tho freeing of tho herring therein, wore both prevented from ob-
taining cargoes for s.aid schooners.

That after tho destruction of said seino, .as above set forth, the said parties who had
destroyed tho same returned to their ves'-t^ls, ,atul on the evening thereafter, to wit, on
the ovoning of the sixth d.ay of said January, they made a jubilant demonstration, l)lo«'-
ing horns, firing guns, and shouting, .as if celebr.atiug a victory, to impress upon tho
masters and crews of tho American vessels in said harbor that they were prepiireil to
Ktand by and justify wlmt had been done, aiul that tho Ameriears might expect tol«^
treated in future in the same manner should they attiunpt to catch herring in Nev-
foundland waters.

And wo furtlu^r resitectfnlly represent that in view of tho treatmtuit <.f the Anieiioan
tishermen by the British subjects at said Ncnvfoundland, it is wholly unsafe for Ameri-
can vessel owners to fit vessels for and send thiiii to Newfoundland waters to eatHi
herring, and that it is unsafe for Anu^rican fishermen to attempt to catch fish inssiiil
waters, and that the demonstration against tlu; American fish ing- vess(d owners, mas
ters, .and crews is of such a chnraeier asto make it a i>ublic violation of the riglit»"f
the citizens of tho United States wishing to catch herring and attempting t" citfli
herring there. That the loss to the said firm by reason of tho war-like demoustratinn
of the people of Newfoundland horeiu before sot forth, and the destruction of said

iMEN.

AtLEQEt) 6UtRA0E UPOf^ AMERICAIJ 1"*IS11ERME1N. 201

1 in tlie ninntliof
li HcineHlorciitrli.
^as luasttT, sailtil
iiid Bchooiicr Kew
lay of Ni)voinWr,
aid voyagt). That
voyngo, wltli Ln
lars ; and fho saiil
o valiio of ciglity.
oucester from saiil
;, except tiiiittlii;

an.T crews of Naiil
' returned witlinnt
Long Harbor, Fur-
',r, lo77, and found
ty of herring, and
; ii arbor until tlic
iylit boabl(i to (In;
ig jrood," till) mas-
thereby niiikin^'a
olhira, and inaVinc
md tifty fiict dw'ii;
leine ut said Long
icrring, anioinitinj;
nt to load botiiu:

itwo hnndnMlmoii,
;li8h vesstds in said
} and urows of said
d carried it oil', and
ysof saidschoonen
itaining a cargo fur
y took hold of saiil
destruction of tlic

T business of catch-

t in any nianueror

'Newfoundland, and

vantou destruction

inlaw or good con-

e American vessels,

nit them from pron-

:,ching herring, and

land, if they would

isk for them. That

said January were

were the schooners

jeward, William K,

er Hill, and Isaac

>son of the destruo-

irevented from ob-

lid parties who had
lereafter, to wit, mi
linon8tration,lil"«-
impress njion tlio
were pnjparcil te
Jniight expect tohf
111 herring in N'^v-

|nt of the American
unsafe for Ameri-
lul waters to eateli
Jo catch tlsh in said
lessi'l owners, iii»
Ion of the rigliis"! I
temptiug to catch
like dcnionstratioii
loatrnotion of said

seino in the voyages of said two schooners Ontario and Kow England, am(funts to all
least tlio sum of six)" seveu hundred dollars.

Ill vcrilication of the facts herein set forth, wo beg lea\e to refer to the atBdavits
of thu masters and crews of both of said schooners Ontario and Now England herewith

"' Wherefore, we respectfully ask that your Department will cause our said damage to
lio paid by the British (jovernmeiit, and such action to bo taken as will secure to
American shipowners and fishermen the rights to which they are justly and h-gaily
entitled by the laws and treaties of the United Stales.
And as iu duty bound will ever pay.
^ .JOHN PEW,

. . ♦ CHAllLES H. PEW,

V ' • JOHN J. PEW.

COMMONWBALTH OP MASSACHUSETTS,

Essex County, ss :

Ou the fourth day of March, in the year of our Loid one thousand eight hundred and
seveutv-oight, before mo personally appeared John Pew, Charles H. Pew, and John J.
I'ow c'oimrtners, and made oath that they have read the afT'davit herelo aniiexe.il,
suhs'cribed by them, and know the conteuts thereof, and that the same is true, of their
offu knowledge except as to matters which are therein stated to boon their iuforma-
tion and belief, and as to those matters they believe them to bo true.

Itefore nie.

[SKAL.] SUMNER U. YORK,

, . , • I Notary I'lihlio.

I Peter McAnlay, of Gloucester, county of Essex ami Commonwealth of Massachu-
setts, master mariner, on oath, depose and say th.aton the (irst day of Decemlier, A. 1).,
!877, 1 was ni.aster ef the lishing 8chr)oner Ontario of said Gloueesier, of the burthen of
ninetv-one tons and twiuity-nine Diie hundredths, and on said first day of said Decem-
hiul sailed on a voyage fromsaid Gloucester to Fortune ]$ay, on the sonthwest of New-
I'lHinill md, for a cargo of herring, and back to same port of discharge in the Uniltid
States; that said schooner Ontario was fully fitted for said voyage, and had on board
I a mate and five men, making iu all seven men ; that I arrived witli said schooner on
said voyage at Fortune Hay, Long H.arbor, about the sixteenth day of said December ;
I that 1 found herring very scarce, and U]) to the sixth day of January, A. 1). I87rt, had
I not lieen aide to obtain, by purchase or otherwise, more than fifty b.irrels of herring.

Tliiiton the sixth day of said January, there being '• good signs for iierring,"aiid the
I schooner New England, of said Gloucester, lieing a fishing scbooner from said Glouces-
ter, and provided with seine, which said schooner b(donged to the firm of .lohn Pew «fc
Son, of said Gloucester, the same parties to whom the s.iid Ontario belonged, thomas-
I tms and crews of both of said schooners threw the said seiuo to catch herring to load
1 both oi'said schooners.

That said seine, ou being thrown, took a large haul of herring, amounting, at least,

I to two thousand b.arrels of herring, and more than siifliciont to load boili of said

schooners. That said herring being fully secured iu said seine, and said schooners and

1 sail! seine being at sai(i Long Harbor, this afliant saw about two hundrcMl men on the

shore at about fonr o'clock in the afternoon of said sixth day of siiid January, while

[thiis.'ino was in charge of the masters and crews of said schooners Ontario and Niiw

, Kngiand, make an attack upon said seino in a most violent manner, and tear up and

(carry otV the seine, and thereby let the herring out of said seino, and ])reventthe nias-

Itersand erows of said schooners from obtaining any of said herring. That tlit! men

who made said attack upon aiul destroyed said seine prevented the inasters and crews

of said schooners from protecting said seino, and some sixty of said two hundriMl men

1 took hold of said soine while all the rest of them wore inciting and ciieouraging those

[who had hold of said seine and were destroying it. That the said men so destroying

[saiil seine and inciting those destroying it used throats and violence towards both the

[masters and crews of said schooners and fully overpowered them, so that they ^joiihl

jnot protect said seine and save tho herring therein. That most of said two hundred

Lmeii landed from boats in tho said biiy, and were Jiicu belonging in and abo<it said

[Fortune Hay. That said men who made said attack upon said seine and destroyed the

[same had been fishing with ne^s during the day and wiih seines in tho same neigh-

jhcrhood, and liad tak(Mi quite a large quantity of herring.

And this afliant further says that both he and his crew and tho master and crew of
lllm schooner New England were pursuing their business in apeaoffiil and lawful man-
liier, and were not interfering in any juanner or form with tho rights of any i>arty 'it
iHaid Xewloi'.ndland. That tlie attack upon said seine by said persons fnun tlie shore if
IFortnne Hay was wholly without justification or excuse, and was a warlike demon
iKlrationagiinst the American vessels tln!re, which anuiunted to some fifteen in numfier.
laml were all from the said jiort of GloiKjester, .imong which were the schooi-ers F. A.
|Sinitli, Muses Adams, Horeward, William E. McD<mald, Moro Castle, Ed. E. Wehsfer,
jDouanza, Wildfire, Horuerfc M. Rogers, Bunker Hill, Isaac Rich, and John W. Bray,

so^

ALLEGED OltTRAaE UfON AMERICAN FISHERMEN.

Tbat this aflBant believes that tlio only reason of said attack and demonstration bj
the said persons from the shore was to intimidate the American fishermen there anil
to prevent them from catching herring, so that the said parties on the shore of New-
foundland might sell herrius; to the vesselc from the United States at a high price and
keep tha whole control of the herring fisheries in their hands, and wholly donrivetho
citizens of the United States from prosecuting said fisheries at Newfoundland or ob-
taining the herring theio in any other manner than by pnrcha.so.

This affiant believes that it is wholly unsafe for American vessels to catch liorriuff
in the Newfoundland waters; that the p^>,ople of Newfoundland are belligerent anil
threatening in their treatment of American fishermen, and seem determined to prevent
them from prosecuting their business in Newfoundland waters in any manner whieli
is not satisfactory to the inhabitants thereoL Tliat this affiant, had ho not been
«leprived of his herring in said seine, would nave loaded his said schooner Ontario
with herring and returned to Gloucester by about the twenty- fifth of January last
past and made a successful voyage, but, by reason of the destruction of saidseinoanc'
the losing of the herring therein, he was wholly prevented from getting any herrinj;,
and obliged to return to Gloucester in ballast, except fifty barrels of herring which be
purchased and was unable to purchase more, making thereby a disastrous instead of
a prolitablo voyage. And this affiant says that all lie has said with reference to the
schooner Ontario is also true of his personal knowledge of the said . chooner New
England, of which John Dago was master, both schooners arriving at Fortune Bay
on the same day, and arrived from said voyage at Gloucester on the same day, ami
were to act together and did act together in endeavors to obtain cargoes for said
schooners, and were both affected alike by the destruction of said seine and tlio Iohh
of the herring in the sanie at the time it was destroyed, as above set forth.

And this affiant further says that on the evening of the said sixth day of said
January, after the de.struction of said seine, the parties who destroyed it retnriit'ilto
their vessels in said harbor and made a jubilant <lemonstration, tiring guns, blowing
horns, and shouting as if celebrating a victory, to impress upon the masters and
crews of the American ve.ssels at sai<l harbor that they were prepared to stand by
and justify what had been done, and that the Americans might expect to be treated
in future in the same manner should they attempt to catch herring in the Newfound-
land waters.

; ' ■;, PETER McAULAY.

COMMONWKALTII OF MASSACIIOSETTS, .; ,, , ,.;::

Essex, 8s: •

Oloucestrr, Fehrnarij 21, 1878.

Sabfjciibed and sworn to this twenty-first day of February, A. D. 1878.

Kefore me, ,

[SKAL.] SUMNER D. YORK,

"•:,_'. ■ ., ' ■ , 0 , ,^''.\i^, '.',: ..'..:■.;'- Notary I'uhlic

We, Allen McDonald, Daniel Tucker, Peter McKiunnn, Charles McNeil, and llobcrt
McDonald, all of Gloucester, in the county of Essex, and comnu)uwealtii of Massa-
chusetts, late mariners on board the fishing schooner Ontario, of said Gloucester, an
American vessel lielonging to John Pow & Sou, of said Gloucester, whereof Poti't
McAul.ay was and is master, on oath, depose and say :

That we sailed from said Gloucester about the first day of December, eighteen
hundred and seventy-seven, to Newfoundland, for herring, ao<l back to a port of dis-
charge in the United States; that wo arrived at Newfoundland at a place called j
Long Harbor, Fortune Buy, about the sixtee.ith day of December, eighteen hundred
and seventy-seven ; that on the sixth day of January the seine belonging to tbe ]
American fishing schooner New England was thrown at said Long Harbor by tiic
master and crew of said schooner Ontario and the master and crew of said schooner I
New England, acting together, and a large quantity of herring were then and there
secured in said seine. That the affidavit of Peter McAulay, this day taken at said I
Gloucester, before Sumner D. York, a notary public, relative to the destruction of j
said seine at Long Harbor, on said sixth day of January, by the people of Newfound-
land, has been read to us, and the mode and manner of the destruction of saiil mm,
and the conduct of the parties at the time of destroying it and afterwards, and lliH
inability of the masters of said schooners toobtainherringatNinvfoundland afterthe]
destruction of said seine, are correctly set forth in said affidavit of said McAnlay.

ALLEN McDonald.

^ IliH

DANIEL -f TUCKER.

in.ark.
PETER McKINNON.

l.iH

ROHERT -4 McDonald

ninrk.
Witness to all the siguaturos, CHARLES McNEIL.

fSKAL.} SlIM.VKR D. YoHK,

lEN.

ALLKOfcD OlifliAOK lil'ON A\iKRICAN FISltERMEN.

203

5mon8tration bj
>rmeu tbcro ami
le shore of Now-
a liigli piice and
u)lly ilonrivetbo
bundlaail or ol).

to catcli liorriuj!
a belligerent ami
mined to prevent
ly milliner wliicli
jad bo not been
schooner Ontario
li of Jaunary last
1 of KaidBeinonm'
ting any berrins,
herring which be
astrous instead ot
1 reference to the
M , chooner New
r at Fortnne Bay
lie siiino day, ami
i cargoes for said
seine and tlm \m
,t forth.

iiixth day of said
yed it retnriicil to
ing gnns, hlowin;;
the masters and
pared to stand by
:pect to be treated
; in the Newfound-

'ER McAlJLAY.

fehruarij 21, 1^8,
I. 1878.

D. YORK,
Xotary I'nhlic.

■XeLl, and Uobcrt
1 weal til of Massa-
aid Gloneester, an
;or, wiiereof Poter

;C(Miibor, eij,'liteeii
k to a port of (lis-
at a place called
.dghtcen hundred

bolongini? to the |

g Harbor by the
."^of saidsohooner
;ro then and tliew
Jay taken at said
;ho destruction of
ople of Newfound-

tion of said seine,
t(!rward8, and ll)<^

,nudlandartorthe|

said McAulay.
cDONALD.

f TTICKKU.

ark.

:;KINNON.

1+ McDONAbP
larU.
McNEIL.

Commonwealth of Mashaciiusetts,

Essex, 88 :

Gloucester, February 21, 1873.
Snb8crii)ed and sworn to before ine by the above-named Allen McDonald, Daniel
Tucker Peter McKinuon, Robert McDonald, and Charles McNeil.

' SUMNER D. YORK,

Notary riihlic.

I John Dago, of Gloucester, county of Essex, and commonwealth of Massachusetts,
iMUster-mariner, ou oath, depose and say that I was master of the fishiug-schooner
NevvEiiulaiul, of said Gloucester, of eighty-six tons burthen or thereabouts, belonging
Id.ldhnl'ew &. Son, of said Gloucester, on the twenty-eighth day of November last
iiast, and as master sailed with said schooner on said day on a voyage to Newfound-
land', for herring, and back to a market in the United States; that her crew consisted
lif seven men all told, including the master; that she arrived at Fortune Bay, New-
loiiiKllaiKl, about the sixteenth day of December, A. D. 1877 ; tbattho schooner Ontario,
(ilsaid Gloucester, belongi-ng to said firm of John Pew «fe Son, whereof Peter McAulay
was then and there master, arrived ou the same day ; that 1 had a seine for catching
herring for the- purpose of loading both of said schooners, and the master and crows of
said schooners were to act in company in loading said schooners, and said schooners
were near each other in said Fortune Bay at Long Harbor.

1 further depose and say that I have read the alBdavit of said McAulay slating the
j'acts relative to the destruction of said seino by the people at said Fortune Bay, com-
ing from the shore, and tho loss of the herring in said seine at the time of its destruc-
tion, which amounted to at least '2,(100 barrtds, which were fully secured in said seine
at thi time of its destruction, and all 1 he facts in said affidavit relating to the destruc-
tion of said seine, tho mode and manner in which it was done, and the conduct of tho
)ieoplo who destroyed it, at tho time and after it was destroyed, and tho loss of tho
voyages of both of said schooners, and the belligerent spirit manifested by tho people
of Newfoundland towards American iishormen, and the danger to them of attempting
tDeatehlisli in Newfoundland water.s, together with all the other facts sot forth therein,
are to my persmiiil knowledge true, except as to the time of the sailing of tho saiil
schooner Ontario from Gloucester, sUo not having sailed from Gloucester on the twenty-
eii'hth day of November, 1877. «■ •' '' ; ,'

JOHN DAGO.

COMMOXWEALTTI OF MASSACHUSETTS,

Essex, 8s:
Snhacribed and sworn to this twenty-first day of February, A. D. 1878, before me.
LsKAL.] SUMNER D. YORK.

Wo, Fred. Morin, .Joseph Gray, Fred. Hall, Peter Forrest, Alex. D. Bushoo, Edward
Phelaii, all of Gloucester, county of Essex, and commonwealth of Massachusetts, on
oath, depose and say:

That we belong to tho crew of tho American schooner New England, belonging to
Jdlui Pew iV, Son, of said Gloucester, whereof John Dago was master, on her Lite
voyage from said Gloucester to Newfoundland, for herring. That wo sailed from said
GloHoester about tho 28th day of November, 1877, and arrived at Long Harbor, l'\)r-
tnnc Bay, about the sixteenth day of December, 1877. That on the sixth day of .Jan-
nary the seine belonging to the said schooner New England was thrown at said Long
Harbor by tho master of said schooner and the m.astcr of tho schooner Ontario,
I "f said Gloucester, and tho crews of said schooners, and a largo (luantity of herring
[ seeured in said seine. That the afiidavit of Peter McAulay relative to the destruction
I "fsaidseineat Long Harbor on said sixth d.iy of said .January by tho people from Now-
i fonndland, and the mode and manner of the destruction of said seine, and tho conduct
I (if the parties iit the time of destroying it and afterwai'ds, and tho inabilit'' of the
I iM:istersof said schooners to obtain berriug at said Newfoundland after the destruction
"I said seine are correctly set forth in said affidavit of siiid McAulay, taken this day
I lii'fore Sumner D. York, ,a notary public, which has been read to us. And wo do hereby
lyeniilirm tho statements inado by him in said aflidavit in all particulars except as
[ ti) 'be day when be left said Gloucester on said voyage, which is unknown to us. Tho
Uaiil s( hooner Ontario diil not leave said port of Gloucester until after said schooner
[New England sailed on said vovage.

PETER FORREST.
ALEX. D. BUSHEE.
FRED. MORIN.
EDW'D IMIELAN.
.JOSEPH GRAY.
FRED. HALL.

204

ALLEGED OUTRAaE IJPON AMERICAN i-'lSHERME^f.

Commonwealth op Massachusetts,

County of Essex, ss, city of Gloucester :

On this 2M day of FeUruary, A. D. 1878, pcrsotially appeared Alox. D. BiiHbee, Fred.
Morin, Edw'd Pbelan, Joseph Gray, and Fred. Hall, and were sovorally sworn t^ Uio
trntb of the foregoing statement by them subscribed before me.

[8KAL.] CYRUS STORY,

, Notary Public.

Document No. 11.

Mr. Welsh to Mr. EvarU.

No. 347.]

Legation of titk United States,
London, August 13, 1870. (Received August li8.)

Sir : I have the lionor to acknowledge the receipt of your most impor-
tant dispatch No. 34 of the 1st instsint, containing the statement of tbe
claims of the owners of twenty-two fishing vessels for loss and damage
arising from the conduct of certain inhabitants of Newfoundland, at
Fortune Bay, in January, 1878.

As this instruction did not arrive until yesterday, and as I am to pre-
sent my letter of recall to Her Ma-jesty to-morrow, I have no time to
embody its statements and arguments in a separate note to Lonl Salis
bury. I think, besides, that it is so full, clear, and convincing in its
present shape that 1 should weaken its force by changing its form.

I have taken the liberty, therefore, to send a copy of it to-day to Lord
Salisbury with a note, of which I inclose a transcript.

As the details of the losses contained in the printed pamphlet wbicli
accompanied your instruction appeared to me to be important, and as
there was not suflticient time to copy them, I have sent the appendix to
the pamphlet, and also the original account of the owners of the New
England and Ontario, to his lordship for his information, with a request
that he should return them to this legation at his entire convenience. I
think it desirable that additional copies of these papers should be fur
nished to ns by the Department of State.

I have to add that 1 have also this day sent to Lord Salisbury tlio
statement of a claim for damages on behalf of the owners of the schooner
Mist, agreeably to your in.struction, No. 34G, of the 1st instant.
I have, &c.

" * JOHN WELSH.

i ■-■ I ?r i rf- [IncloBnre with Ko. 347.]

'*' ' ' '■ Mr. Welsh to tM Marquis of Salisbury

,, ■^.■.-;i>,j „ V,.--;, ..v.;, , ;

Legation of thk TTnitrd States,

London, August 111, 1870.
Mt Lord : I have just received a very inipurtant dispatch from Mr. Evarts, Htatinj!
the claims for damages, amounting to $105,;J0f>.0a, sustaiiiud by certain citizens of the
United States, owners of twenty-two vessels, in Fortune Hay, Newfoundland, in tlin
mouth of January, 1878, which claims have already formed the subjects of a provimis
correspondence with your lordship.

As the argument for the payment of those by Her Majesty's Government is proscntc'l
by Mr. Evarts in a very full, clear, and forcible manner, I have thought it prDptTl"
submit this instruction to me in its original form to your lordHliip, asking for it an
early and favorable consideration.
1 have, &c.,

JOHN WELSH.

205

ALLEGED OUTKAGE UPON AMERICAN FISHERMEN.
J30CUMENT No. 12.

Mr. F. W. Seward to Mr. Hoppin.

jfo. 361.] Department of State,

Washington, August 28, 1879.

Sir : I have to acknowledge the receii)t of Mr. Welsh's No. 347 of the
l.Uli instant, and to approve the i)rompt presentation of the claims of
the United States fishermen at Fortune Bay, which formed the subject
ot my No. 347 of the Ist instant.

Tiie additional copies of certain papers connected with the cases, which
lie tliiuks it desirable to have transmitted, will be sent as soon as prac-
ticable.

I am, "Ac,

. • :,;^\ '„.;, ;'■,•(-.:, V; F. w. seward,

/ ;.'\^i ..i^l Acting Secretary.

Document No. 13.

[Telegram. I

Mr. Evarti to Mr. Hoppin. ''

,,^', Washington, JVovemficr 20, 1879.
HoPPiN, Charge, London :

(Directing him to inquire when an answer might be expected in the
matter of the Fortune Bay claims.) •

■ ^v. ; .:. EVARTS,

^•, .:/■ '.^j ;.;,,; ;..-;;-:';;:■; „^. ;■,;, .•;^. :■..;> i.'-. : •\^ ,., Secretary.

FN WELSH.

OHN WELSH.

;■}:;■ '.:;ii.:'r'y/i;-\^A»;:„ '-':■

Document No. 14.

Mr. Hoppin to Mr. Evarts.

No. 111.] Legation of the United States,

London, November 22, 1879. (Received December 4.)

•Sir: Yotir telegram requesting me to ask Lord Salisbury when to
expect an answer in relation to the Fortune Bay claims was brought to
tliis oflice at a late hour on Thursday evening. Early the next day, the
lilst instant, I addressed a note to' his lordship, a copy of which I inclose
herewith.

I have not yet had a reply, and shall probably be obliged to close this
dispatch before one arrives. Whenever it comes I shall immediately
send you the substance of it by telegraph, agreeably to your instruc-
tions.

I have, &c., '

W, ff. HOFPIN,

206

ALLP:GED OUTKAGE upon AMKKICAN I'lSllERMEN.

[IiioluBuro with Nu. 111.]

Mr. Uoppin to the Marquis of SalUhury.

Ii^inediulo.] ' Lkoation of the Unitkd Htatks,

London, November 21, IfVj.

My Loud: I received lust iiifjbt a tiiUlo dispanli from Mr. EviiilH, roqucHtiii^jniiMo
UHk youp lordHhip when bo minht oxpcct uii ituHwer to Mr. VVoIhIi'h notes of llio i;it|i
of August Irtst, ill roliition to the damages siistuined hy eitizcus til" the Uuitcd States
in Fortune Bay in January, 1878.

As I am instructed to reply by telegraph I venture to solicit your lordship to jjivo
an early answer to Mr. Evarts's inquiry.
I have, «&c.,

W. J. HOl'l'lN.

■r/''^' '■ '■■-* v-i''^ Document No. 15. .■'/"^ . ,.,„ .•:■''

Mr. Jloppin to Mr. Ecarts.

No. 112.] Legation of the United States,

London, November 25, 1879. (Received Decouiber 0.)

Sik: Keferring to my No. Ill of the 22d instant, I have the honor to
acquaint you that, not having received a reply to my note of the 21st to
Lord Salisbury, I went to the Foreign Office yesterday to obtain in \m-
son the information you requested. Neither his lordship nor Lord Ten-
terden or Sir Julian Pauucefote were there; but I saw Mr. Barrinj^toii,
one of Lord Salisbury's secretaries, who said that a note was beiii|,'
written in answer to mine, to the effect that the claims of the Fortune
Bay fishermen were under consideration, and that a reply to your
instruction to Mr. Welsh on that subject would be prepared as soon as
practicable, fle intimated that Lord Salisbury would come to the office
in the evening, and he would convey to him my request for more definite
information.

Not having heard fron; Mr. Banington at six o'clock, and not ventur-
ing to postpone any later my acknowledgment of your telegram, I sent
you a cable message. Some time after that was dispatched 1 had a note
i'rom Mr. Barrington, of which I inclose a copy herewith.

You will observe that Lord Salisbury regrets the delay in answeriiij;
our claims, which he ascribes to the necessity of sending to the governor
of Newfoundland for a report that has only just been received, that
the subject is having his best attention, but he fears some time must
elapse before he can make a communication in regard to it.

1 expect a more formal answer to my note, but I shall send you the
substance of this cable by to-night, as the importance of fiie subject
and the shortness of the interval before Congress shall meet, justify the
a<lditional expense.

I beg to remind you of Mr. Welsh's statement in his No. 347, that by
reason of the want of time to make copies he was obliged to send to
Lord Salisbury the api)endix to the printed pamphlet, and also the
original account of the owners of the New England and Ontario. These
have not yet been returned from the Foreign Office, as we requested,
and I think it is desirable that duplicates should be supplied to us from
Washington in order that our records may be complete.
I have, &c.,

W. J. HOPPIN.

lonlBhip to givi

J. HOri'IX.

ALLEGED OUTllAGE UPON AMEUICAN FlJSllEUMEN. 207

llncluBiiro with No, 112.]

Mr. Harrington to Mr. lloppin,

FoUKKJiN Okfick, November 21, 1879.
Dkak Mk. HoppiN : IjohI Salisbury do«iroH ino to oxprrHH IiIh n'grot that ho Hhould
not y«t liavc Im'oii able to m',iu\ a reply to yonr ifovisriiiiient in Mio niint) of tho Kortuiio
Bay claim- I'- '■■* rt'ceiviiig hit* bimt attuiitiuii, but as it wan iioccsMary to rofiu' to tlin
I'ovoriior oi Nnwfouudlaiid lor a ropoit, whiuli ban only jimt been received, be fears
8011111 time numt elapse before he can make a coniiuunieatiou on the subject.
1 am yours, very truly,

ERIC BAKEINGTON.

Au olUcial note to tbU effect ouglit to roauh yuu without delay.

• Document No. 10.

Mr. lloppin to Mr. Evartn.

No. 113.] Legation of the United States,

London, November 28, 1871). (Received Doceiuber 10.)
Siii: llel'erring to my dispatch No. 112, of the 25th of November, I
have now the honor to inclose Lord Salisbury's formsil answer to my iii-
(|uiry as to when a reply might be exi)ected Ironi him to your instruction
No. 347 to Mr. Welsh in relation to the claims of the Fortune r»ay lish-
onueii. You will observe that he explains his delay in this matter by
the necessity of a refereuco to the authorities of Newfoundland.
I have, &c.,

w. J. nopriN.

[luulusure with No. 113.] ''■

T he Marqui8 of Salisburif to Mr. Uoppiti,

FoRKiUN Offick, Novinnber 24, 1879.
SiK : 1 liiivo the honor to iicknowledge the niceipt of your letter marked " Inmiedi-
iite,"ol' the 2l8t instant, infonninjj; me that you had received ou thejirevionseveniiif^
11 Ciible dispatch from Mr. Evarts, reijuestinj; you to inquire of nio when an answer
mijjlit lie exjiocted to Mr. Welsh's notes t)f the liJth of August last in relation to the
«laiiiii{;(;s MUfsUinetl by citizens of the United States in lortnne Bay in .January,' 187(^,
and 1 have to state to you in rjply that some delay has arisen owing to the necessity
of a reference to Newfoundland, but that a communication will bo addressed to you in
anawor to the notes in question at as early a date a« possible.
I have, &c.,

SALISBURY.

Document No. 17.

Mr. Evarts to Mr. Hoppin.

No. 412.] ^ Department of State,

Washington, January 15, 1880.
Sir: Referring to Mr. Welsh's No. 317 and your No. 112, 1 now inclose
jlierewith the duplicates requested in the dispatches just named.
1 am, «Sjc.,

WM. M. KVAKTS.

i

208 ALLEGED OUTUAUE UI'ON AMKKICAN I'lSHERMEN.

Document No. 18.
Mr. EvartH to Mr. llopinn.
• ' , V • . [Tolograui.] ,

AVASiiiNaTON, February 5, 1880.
HoppiN, (JhargS, Ijondon:

(Directing; him to inquire jit what time an anijA'or in reaix'ct of the
Fortune Bay claims might bo exi)ectod, and to express the great cliiigriu
of this governmeut that no answer had already been made.)

JiVAUTS,

Document No. 19.

Mr. Jloppn to Mr. IJvartn.

No. 143.] Legation ov the United States,

London, February 7, 1880. (Received February li4.)

Siu : I have the honor to acknowledge the receipt yesterday of joiir
dispatch in cipher relating to the great delay of the British Governt'ieiit
in answering our claim for the Fortune Bay damages. 1 knew Unit
Lord Salisbury had been seriously ill for some time past at llatliild,
antl I ascertained at the foreign office, where 1 made immediate iiKniiiies,
that his illness still continued and that he was not attending to biisiiiesH.
I therefore made an appointment with Sir Julian Pauncefote, who is in
charge of the foreign office, Lord Tenderden being absent, tor an inter
view to-day. I have just returned from this interview.

I called his attention in the course of it to the fact that our claim wus
presented as early as the 13th of August; that Lord Salisbury promised
on the IGth it should receive immediate attention ; that his lordslii|.
assured us on the 24th of November that an answer should be sent at
as early a date as possible, and that nearly two months and a half liiid
now elapsed without our having been favored with one. 1 then expressed
the chagrin j^ou felt at this delay, and gave him a copy of the transla
tion of your cipher telegram.

Sir Julian adnitted the delay, and said that it arose in part from tiic
importance of the questions involved in the discussion ; that after tiie |
claim had been received it was thought advisable to consult the autlioii
ties in Newfoundland ; that some time elapse<l before their answer |
arrived, when the matter was placed in his (Sir Julian's) hands to pre
pare a case upon it for submission to the law officers of the crown; that
these gentlemen had the case before them still, the reason for their dclaj
being the great importance of the j)oint8 involved, and also the accuiuu
lation of references in other matters which had been made to them diir
ing the recess of Parliament.

Sir Julian promised that he would communicate with them immedi
ately and press for a report, and would send them a copy of your tele-
gram to hasten their action, lie said, also, that he should send a copy j
of this to Lord Salisbury, notwithstanding his i)hysician's injunctions
that his lordship should abstain from all business. Finally he declared |
that I might expect to receive on Monday, for communication to joiU'
self, something more definite in relation to this matter.
J have, &c.,

W. J. nOPPlN,

KMEN.

ALLEGED OUTKAGK UPON AMEKICAN FISHERMEN.

209

ruary 5, 1881),

II re8p<>(!t of tlic
je f^n'Ut chagrin
ide.)

iVAUTS,
JSccrctarji.

States,
Fobruiiry Hi.)

^stonlay ot' your
J»li Gov(Miimeiit
8. 1 knew lliiit
)ast jit Ilatlk'ld,
lediatc iiKiuiries,
lUngto busiiu'ss.
icefote, who is ill
eut, for an inter

it our claim wiis

isbury promised

lat bis lortlsliii;

ould be aoiit at

and a hall" had
|l then expressed

of the transla

in part from tlie
[5 that after tiie
5ult the autlioii
re their answer
[s) bauds to pre^
the crown; tiiat 1
In for their (leliiy
lIso the accuiiiu-
ide to them diir

ji them iumedi
fpy of your tele- 1
]uld send a copy
_an's injunctions
lally bo declared |
licatiou to yoiip

J. uorriN,

Dof'UMENl' No. 20.

• M)\ lloppin to Mr. EiHiria. ' ' 1,'

j;„ 147.1 • Lkgation of tue United States,

LomJnn^ Fehniarii \{),\i^'i[). (Received February 24.)

Sill: lit'l'erriiij;' to i ty No. ! i.5, oitiic 7th instant, I hiivc^ the iionor to
state that up to this i ine 1 liave not received any further coniniunica-
tion IVoni tiit^ tor«'iy;n tdlice as to when we may expect au answer to our
iMHtunc l>:iy claims, althon;;ii, as I informed yon Itotii by tinit dispalch
and l-\ cable. Sir .Inliaii I'aunccilbte ^^ave ine to iindcistand lie should
sfiiil liic more (bWinite information on tliat point yestenhiy.

1 pit'suMie that his silence arises from Lord SaUsbury's continued ill-
Mi'ss. It is possible a. note may iirrive attc the closing of tlu' bajj.
Whenever it comes 1 shall send you the substance of it by cable.

Ir is ])roper for me to state, in addition to 'lat 1 wrote yon on Sat-
urday, that Sir -Fnlian ranncetbte intimated that they would i)robably
he aiile to receive tiie opinions of the law ollicers of the crown very
shortly, so that with theadditiomd delay of reconsidering tlu^ matteriu
thel'oreifin ollice, wci might rely upon having a reply certainly within a
month tVoni tlie present time; but he pri!i»r:ed I should make no posi-
tive stat<'iiient on tins point until 1 should hear iVom him again.
I have, &c.,

VV. J. HOPPIN.

Document No. 21.
Mr. Iloppin to Mr. Emrfs.

No. loO.J

Legation op the United States,
London, Febrnarij 14, 1«8(). (Received February 24.)

Sib: Referring to my Nos. M.i and 147, of the 7th and 10th in.stiiut,
i have the honor to inclose herewith a copy of a noti^ which I leceived
lutein the evening of the l.'JtIi instant from Sir .Julian Pauncelbte, desir-
iiij;' me to convey to you the regrets of Her Majesty's (loveriiment for
ilieir unav(»idable delay in answering your note in relation to the
I'oitnne Hay claims. It will be observed that he gives the sanu^- rea-
sons lor his delay, and announces the same intention to I'Xpedite the
action of thi^ governnv. nt here in this matter, which !u^ stated to me at
our interview on the 7th instant, and which I had the honor to com-
]iiniii((at(A to yon in the dispatches above mentioned and in my tele-
Kiams of the Uth and 13ih instant.
I have, &c.,

W. J. IIOFPIN.

[Inclosnro wilh No. 150 )

Sir Julian Paunoefote to Mr. Hoppin.

FoKEiGN Office, February 12, 18S0.

Sir: With reference to the telegram addressed to yon l»y Mr. Evarts relative to the

Fonuue Bay question, a copy of which you communicated to lue, I have the houorto

[request that you will convey to Mr. Evarts the regret of Her Majesty's Government at

jtbedolay wliich has unavoidably occurred iu answering the claim of the United States

I Government. On receipt of the report upon the case, which had been called for from

S. Ex. 113—14

210

ALLEGED OUTRAGE UPny AMERICAN FISHERMEN.

the (Jovoniiinuit of Nttwloiiiiillaiiil, it wtut (omul nocessary to refer cortiiiii pointu to the
liiw oIllccrH of llio crown for their opinion, imd owinj^ to the ^reut prcsHiire nf hmj.
neNH iiftiM' the Fiirliimientiiry re<:i'MH, uiid on the reopening of the liiw rcnrtM, iim well j,
from the voliiniinouN <;hiiraeter of the ihxtiniuMitH Huhinitteil to them, t\u\y huve bwjg
nnalil(> np to tlie preHtint time to complete tlieir exiiminiition of tiie cuHe.

They will lie imniediiitely reipieHfed toexpedite their report, imcK^iii eiirly kh pusmlile
lifter the receipt of it 1 Hhiill not fail to niiike known to yon, for commnniuution *o your
government, no '•••nvs of Her MujcHty's Oovornment (in the (pieHtioii.

I have, &('.,
lu the absence of Lord HaliHhiiry :

JULIAN I'AUNCKFOTE.

Document No. 21*.

Mr. IJoppin to Mr. ErurU.

Legatk.n of the United States,
London {tiaturdaif, 5 p. m), February l-i, If^Ai).

Dear Mr. Evarts : My attention lias just I»«eii called to tlio |>ass;it;e
in yt-istenlay's Times, which I have iniukeil with fetl piMicil, in whiclia
question is asked of the under foreign secretary about the Fortune Bay
claims.
1 have no time to inclose this in a regular dispat(!li.
Very respectfully, &c.,

W. J. HOPPIN.

[Inclosiiro with the foroj;oiDK.]
[The Times, Friday, February 13, 1880.]
■ *'' ■ llovsK ov C0MMOS8, Thursday, Febriiarji 12.

CANADIAN AND NEWFOUNDLAND FISHERIES.

Mr. GOURLEY asked whether the claim of the United States Government for $103,Mi)
for damages alleged to have been done by Newfoundland llshermen in Portiuio Bay
to the Massachusetts tishing ileet had been amicably arranged; what measures were
being adopted for the purpose of abrogating or amisniling clause 33 of the Treaty of
Washington relative to the Canadian and Newfoundland inshore tisherios; and whether
steps were beinjj taken for the purpose of ascertaining if the proviso of the conven-
tion of 1818, which avimits American fishermen to enter British North American baw
or harbors for the purpose of shelter, repairing damages, and purchase of wood and
water, w;is intt nded to exclude them from going inshore to traHic, transship, fish, pur- I
chase stores, imnd nets, and hire seamen.

Mr. BouuKE. The claim of the United States Government for damages alleged to |
have been done by Newfoundland fishermen in Fortune Bay is still under the consid-
eration of Her Majesty's Government. No measures are being adopted for the pnrpoie
of abrogating or amending clause 33 of the Treaty of Washington. The extent of tlie
fishing privileges accorded to the United States on the shores of Canada and New-
fonndlaud is laid down in the convention of 1818 and in the Treaty of Washington "'j
1871. Her M.ijesty's Government have not at present found it necessary to make auy 1
communication to the United StatcH Government with a view of defining more pte-j
cisely the exact interpretation of the language of those treaties.

Mr. GoURLKY said that on an early day ho would call att(Mition to the conveution
of 1818 between- this country and the United States relative to fisheries.

KM EN.

rtuiii points to thr
prt'HHurt' (>'■ liiifii.
(M'urtH, us Willi M

1, tlii\v liiivo hw'u

(NINO.

I oiirly (M powibli
iiiinicution^oyoui

I'AIINCKFOTE.

!D StATRH,
uiirn 1 4, l.SHO,

id to the piissiijie
Micil, in which a
lie Fortune Bay

J. UOPPIN.

alleged outractk upon amkrican fi8hekmen. 211

Document No. 23. ,

Mr. Evarts to Mr. Hoppin. '

(Telenriim.l

Washington, February/ liO, 1880.
jpriN, Charfie, London :

[(Stuting tlie iiicreaHtul cluiffrin witli whicih this jjovemnujot learns,

1)111 his No. 1A7, of tliore boiiifj even a posHihility of an additional

Diitli's delay, and directinfj him to iw^i^ Her Majesty's Govenunontto

Ktiil it if possible.)

' ' . -. EVARTS.

1,)0.|

Document No. 24.

Mr. Iloppinto Mr. Erarts. \

Legation of the United States,
London^ February, 27, 1880. (Received March 13.)

Sir: I received late last evening your telegram without date, stating
It vou learned with increased chagrin, from my No. 147, of even a pes-
flt'tiirtlier delay of ono month in the answer to our Fortune Hay claims,
liiistnieting iiietourgeitsavoidanceif possible. I have, acconlingly,
Irtsst'd Lord Salisbury again on this subject, and herewith inclose a
pvofinyiioti! to his lordship. ' ' ■

1 have, ISM..

W. J. UOPPIN.

gdrti/, February \t

irnmont for ^103,0
leii ill Fortuno Bay
hat measures were
33 of the Treaty of
lorieH; and whether
,'iso of the coiivea-
)rth American bays
chase of wood anil
,raus8hip, tisli. I""-

iiitiages alleged to
I luuler the coiisid-
itod for tlie piirpoje I
The extent of tlic

Canada and New-

of\Vashin(,'tonof

L'ssary to make auy I

letiiiiny move p[«-j

to the conveation
iries.

[Inclosnro with No. isa.j

Mr. Hoppln to the Marquis of Saliahury,

, . . Legation of tiik United States, •

London, February 27, 1B80.

|y Lord: I have the honor to acquaint you that I received from the honorable the
iTitiiry of State, layt evening, a further telegram in relation to the delay of Her
Besty's Government in answering oui claims for damages on account of the pro-
dings at Fortune Buy.

tour lordHhii) will bo good enough to remember that on the 7tb instant, in the ab-
|te of your lordship, Iliad a conversation with Sir Julian Pauncefot« at the foreign
fceon this subject, and gave him u copy of the cable dispatch I had received from
I Evarts the day before,

ifterwards, on the I2th instant, I received from Sir Julian a note in relation to
linatter, a copy of which I sent to Mr. Ev&rts on the I4th, having already tele-
kiiiwl the substance of it to him on the 13th instant.

nriug our ('onvorsation on the 7th of February, when I pressed Sir Julian Paunce-
Iforau approximate statement of the time within which we might expect your
Ikhip's reply to our cliiims, he intimate<l that it would cortainly bo given within a
|tli Iroiu tliat date, and I so informed Mr. Evarts in a dispatch of the lOtli of Feb-

iilip cable message which I have now received, Mr. Evarts states that he learns
I'liicreasfMl chagrin," from my dispatch to him last, mentioned, "of even a possi-
Ifiirthei dolay of one month," and he instructs me to " urge its avoidance if pos-

losenotime, therefore, In bringing this subject again to your lordship's attention,
lin expressing the disquiet which Mr. Evarts feels that an answer to tho,so claims
jh were brought to the notice of Her Majesty's Government so long ago as the 13th
iBgnst last may possibly be still further delayed.

Ihave, &c.,'

\v. J. noppiN.

212

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

Document No. 25.

Mr. Hoppin to Mr. Evarts.

No. 163.] Legation of the United States,

London, March Ki^l^^i). (Received iM arch 22,1
Sir : Referriupf to my disiuitch, No. 150, of the 14tli nltiuio, in lelatji
to the delay of the British Government to reply to yournote oiithesoi
ject of the Fortune Bay claims, 1 have now the lionor toinchwoacoi
of a note of Lord Salisbury, in which it is stated that Tin< report oft
law officers of the crown upon the case has now been recj^ived.
I have, &c.,

w. J. lioi'mj

m

■' " , ' ' [Inclosure with No. 163.] ' ■ '"

The Marquis of SaHsburi) to Afr. Hoppw. '

FoiiEiGN Office, jl/rt»'c/i 2, w|
Sir: I liavo tlio.lioiiiir to iicknowlcdMc the r(;cL'ii>t of your ci)ini<muicatiniHi|'(
2Vtli ultiiiio, inlbriniii';' nic that, you had on the eveiiiuff of the precodiiij; day recciij
ii further telo^ram from Mr. Evarts in rehition to the dchiy of Her Majesty's Govti
ineiit in replying to th'- chiini pnt forward by the United States Goverhniciitiiien
nection witli the occiirrences at Fortune l$ay in .January, lb7b, and I have tosiaiej
yon vith reference thereto, that tlie rojjort of the law of5Heers of the crowi ii|i(iii/
cahe has now l)een received, and that therefore the reply of Her Majesty's Govcnim
will be sent with the least possible delay, havinji; regard to the question i;mlirti(
sideraiion.

I Lave, &e.,

■'■:■::. ':,/ : ■■ * " ' \ '■' "^ SALISIOll

-! Document No. 26.
Mr, Hopphi to Mr. Emrts.

No. 170.]

Legation of the United States,
London, April (i, 1880. (lieceived April 1!),)|

Sib : 1 have the honor to inclose herewith the copy of a comimiM
tion which 1 received lioju Lord Salisbury yesterday, in rcitlytoHl
Welsh's notes of the 13th of Aufj^ust last, in relation to the (iaima
sustained by certain citizens of the United States, owners of tweti
two fishing- vessels, in Fortune Bay, Newfoundland, in the iiioiitlij
January, 1878.

It will be observed that the British Government have returiietlaui
favorable answer to our claims.

1 sent you an abstract oi' Lord Salisbury's letter by cable lasteveniij
1 have, &c.,

W. J. IIOPPIXI

[Inclosure 1, with No. 170. J

The Marquis of Salisbury to Mr. Hoppin.

FoRKiGit Office, April 3, li
Sir: In tLe note which I had the honor to address to you on the 12th of Febi
I explained the reason why a certain time has unavoidably elapsed, before Herl
esty'^s Governmer.t were in a position to reply to Mr. Welsh's notes of the 131

SHERMEN.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

213

W. J. HOl'PI!;,

leiist last, ill wUich ho preferred, oii the part of your government, a claim for
0.1 305.li'<i> '"^ coiui)eu8ation to some United States flaheriiieu, on account of losses
•ii'il to liiive l>et*" sustained by them through cort-iin orrjirences which took place
Kortune Bay, Newfoundlam', on the Gth of January, 1878. The delay which has
iseii hiw 'Jti*'" occasioned by the necessity of instituting a very careful inquiry into
jcircuiiistiiiices of the case, to which, in all its bearings, Her Majesty's Government
ire anxious to give iho fullest consideration before coming to a decision. Her Maj-
v'sGoveriiiiiiMit having now completed that inquiry, so far as lies witliin their
iwer I beg k-ave to request you to bo mo good as to communicate to your govern-
ut the I'()lii>wing«ob9ervation8 on the case.

Jii lousidiniiig whether compensation ecu properly be demanded and paid in this
i> rej,'(ml •.mist be had to the facts as established, and to the intent and effect of

aiticic" of the Treaty of Washington and the conventiou of 1818 which are ap-
iciiliii) to tliDSH facts.

iTlii' t'iicts, 80 far as they are known to Her Majesty's Goveri'ment, are disclosed by

le aliiiiavits contained in the inclosed printed paper, which, for convenience of ret-

iiic, liave Oecu numbered in consecutive order. Nos. 1 and 2 were received by her

isty'i* Government from his excellency the governor of Newfoundland. Nos. 3 to
iiieiiisive, were attached to the report made by Captain Sulivan, of Her Majesty's
lip Sinus, wlio was instructed to inake an inquiry into the case. These were com-
iiiicated to Mr. Welsh with my note of the 7th of November, 1878. Nos. 11 to 16, iu-
sive, are the aflQdavits of United States fishermen, printed in the New York Herald
tlie'28chof January, 1878, and were received by Her Majesty's mlni^Vir at Wash-
ton. They liave not been received oflicially from the Government oi the United
^tes, but Har Majesty's Government see nc reason to doubt their authenticity. Nos.
to'ii were annexed to Mr. WelMh's note of the 13th of August last.

cs'efiil examination of the above evidence shows that on the day inqnection a
je luniiber of vhe crews of the United States fishing vessels came on shore and from

beach barred the herrings, the ends of tlieir seitics being secured to the shore.

I tlie lisheriiien of the locality remonstrated against thosi! proceedirgs, and, upon
lir h'liionstranco proving unavailing, removed the nets by force.

L being the facts, the following two <|uestions arise :
, Hiue United States fishermen the right to use the strand for purposes of actual
in;;?

Have tliey the right to take herrings with a seine at the season of the year in

siinii, or to UMo a s(!ino at any season of the year for the purpose of barring her-
■gs on llm coast of N'^vfoundlaiid ?
the answers to the above (jnestioi's dejieud on the interpretation of the treaties.

ith ivganl to the first question, namely, the right to the strand. fishery, I would
crve, that article i of thts convention between Great Britain and the Ui;ited States
lilieiUth of October, 1818, secured to citizens of the United States the right, in com-
lii with British subjects, to take fish of e»'ery kind on certain specified portions of
|ooiist of Newfoundland, and to nst the shore for the purposes of iiurchasiug wood
'olitaiuing water, and for no other purpose whatever.

^itieles XVIII and XXXII of the Treaty of Washington superadded to the above-
Btionwl privileges the right for Unite<l States fishermen to taice tish of every kind
Itlicert.iiu cxceptiotis not relevant to the present case) in aU portions of the coast
Ihat island, and perniis.don to land for the purpose of drying their nets and curing
Irtish, "jjrovided that in so doing they do not interfere with the rights of private
Iperty or wivii Hritiah fishermen in the peaceable use of any part of the said coast
|!ii'iroiieniiancy for the same purpose."

flins \\ iiilst iibsol lite freedom in the matter of fishing in territorial waters is granted,
iri^lit to us the shore for four specified purposes alone is inentiohed in the treaty
|cles, liorii which United States lishermcMi derive their i)rivilegc8, namely, to (inr-

'wood, to obtain water, to dry nets, and euro fish.
|lic citizens of the lliiiti-d States are thus by clear iinidicition Absolutely jireclnded

1 tiio Use of the oliore in f he direct act of catching fish. This view was inaintaiued
liie strongest nuuiner lu'fore the Halifax Conin;issioii by the United States agent,
T, with tvfei once fo the proi»er interpretation tube ])lae(Hl on the treaty stipulations,

Ithefrtllowing language: " No rights to ilo anvthing uiton the laiulare conferred
linlie citizens of the United States under this trealv, <vith the single exception of
Ifight li) dry nets and euro ffsh on the shores of tlie Mag lalcn Islancis, if -^e did
Iji.issi'Hs that before. No right to land for the pnrpr>sc of seining from the shore ;
fii'litloMic 'strand fishery,' as it has lieen called; no right to do anything except,

«r-lionio (111 our vesse's, to go witbin the limits wl icli had boon previously for-
llt'ii,

pofaras tlie herring trade goes, we could not if we wern dis]>osed to carry it on

■'ssliiily under the provisions of tln> treaty, for this herring trade is substantially

lining from the shore, a strand tishing, as' it is called, and we have no right any-

214 ■ ALLEGED 0T7TRAGE UPON AMERICAN FISHERMEN.

• !

EtK ,

fcl

t

■where conferred by this treaty to go ashore and seine herring any more thanwelm
to establish fish-traps."

Her Majesty's Government, therefore, cannot anticipate that any difference
opinion will be found to exist betweeu the two ;;overHuient8 on this point.

The incident now iiud* discussion occurred on that part of tlie shore of Fortu.
Bay which Is called Tickle Heacli, Long Haibor. On this beach is situated tlieiS
ing settlement of Mark Bolt, a British lishe.nuan, who in his evidence, ti»ken upon oai|
deposes as follows:

"The ground I occupy was granted uiofor life by government, and f(»r whichlai
to pay a fee. There are two families on the beach ; there were three in winter, i
living is dependent on our tishing otf this settlement. If these largo Americau »!
are allowed to be hauled, it forces me away froui the place."

John Saunders, another British lisheinuumf Tickle Beach, deposed that the luL
States fishermen liiiult-d their seint on the beach immediately in front of his pioptm]

The United States fishermen, tlierefore, on the occasion ir que.-tion, not oiilvj
ceeded the limits of their treaty privileges by fishing from the shore, but thev"iJ
terfered with the rights of jtrivate property and with British fishermen in theiieac?
ble use of that i)art of the coast in their occu))ancy for the same purpose," coutrarv '
the express provisions of Articles XVIII and XXXII of the Treaty of Washington!

Further, they used seines for the purpose of in-barring herrings, and this leads uie
theconsiderationofthe second question, namely, whether United States fisliermeiiim
the right to take herrings with a seine at the season of the year in question, or ton
a seine at any season of the year for the purpose of barring herrings on the coast
Newfoundland.

The in-barring of herrings is a practice most injurious, and, if o(»ntinued, calcnlat
in time to destroy the fishery ; con8e<iueutlv it has been prohibit jd by statuttr
1862.

In my note to Mr. Welsh, of the 7th of November, 1878, 1 stated " that British
ceignty, as regards these waters, is limited in its scope by the engagements of
Treaty of Washington, which cannot be modified or affected by any municipal le
lation," and Her Majesty's Government fully admit that United States Men
have the right of participation on the Newfoundland inshore fisheries, in common ni
British subjects, as specified in Article XVIII of that treaty, But it can not beclaiiia
consistently with this right of participation in common with the British tislierai
that the United States fishermen have any other, and still less that they havejn
rights than the British fishermen had at the date of the treaty.

If, then, at the dale of the signature of the Treaty of Washington, certain re«ti
were, by the municipal law, imposed upon the British fishermen, the United States
ermen were, by the express terms of the treaty, equally subjected to those restraiai
and the obligation to observe in common with the British the then exiKiing local lai
and regulations, which is implied by the words "ia common," attached to the Uuit(
Stat^o citizens as soon as tiiey claimed the benefit of the treaty. That such wastl
view entertained by the Govorununit of the United States during the existence olil
reciprocity treaty, under which United States fishermen enjoyed precisely the
rights of fishing as they do now under the Treaty of Washington, is proved conclus
by the circular issued on the 2ritli of March, 1856, to the collector of cuGtomsat
ton, which so thoroughly expressed the views of Her Majesty's Government on iS|
point that I quote it here in extenso.

, Mr. Marcy to Mr Peaslee:

' [Circular.)

"Depautment of Statk,
" Washington, March 28, lw|

"Sir: It is understood that there are certain acts of the British North Auinifl
colonial legislatures, and also, perhaps, executive regulations intended to ;)ieveiililj
wanton destruction of the fish which frecpient the coasts of the colonics, and iiijiu*
to the fishing thereon. It is deemed reasonable and desirable that boil: the I'liii
States and British fishermen should i)ay a like respect to such ^aws and rc^jiiliiiifi
which are designed to preserve and increase the productiveness of the (IsJieiieM
those coasts. Such being the object of these laws and regulations, the olisorvaiiw
them is enforced upon the citizensof the United States in the like manner astlnj
observed by British subjects. By granting the inutual use of the inshoiv lisluj
neither party has yielded its right to civic jurisdiction over a marine league a!
its coasts.

"Its laws are as obligatory upon the citiz'iis or subjects of the otlicrasu[
own. The laws of the British provinces, not in conUict with the provl.siouswi
reciprocity treaty, would bo as binding upon the citizens of the United States ffilil
that jurisdiction as upon British subjects. Should they be so framed or execnieiliil

fISHERMEN.

ig any more than weiiij

6 that auy different J
H on this point.
■> of the shore; of ForttJ
beach is sifuated the lit
vidence, t/*ken uponoaiU

lent, auO for which I 'J
•ere three in winter,
ese large Anierieau sem

I , deposed that the Vnwt-

y in front of his piopti3
ir que.-tion, not oulytlf
the shce, hut they'
li lishermen in thejieaml
luie purpose," contraryif
Ireaty of Washingtun',
rings, and thin leads lucJ
ited States fisliermeuim]
ear in qnestion, or ton
i; herrings on the coasiJ

d, if continued, calcnlatJ
:ohibil jd by statuttsH

stated " that HritishK
y the engagements of il
d by any municipally
United States fishcrii
e fisheries, in common ii

But it can not be daiJ
ith the British fisheniif^
ess that they have grit
kty.

liington, certain restraijj

\en, the United States li

jected to those restrainij

then existing locallji]
attached to the Uiii
eaty. That such wiisill

ring the exi.steuceoli

oyed precisely the s
on, is proved couclusivtl|
lector of cuctoras at 1

ty's GoverumiiiitoDli

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

215

ITMKNT OF .STATK,

iiiijton, March 28, Ml
British North Ainrti4^
s intended to jjicvenll
the colonies, and iiijuiij
ble that boil: tliel'mij
uch laws and n'i;ulaiw
veness of the ti>la'ii«<
ations, the obsorviiuctj
I like manner astlieyf
of the inshore tisW
Br a marine leiij;iii' aW

of the other as iipoil
th the provisions nti
;he United States ffii

framed or exociiltJ"!

make any discrimination in favor of British fishermen, or to impair the rights secured
to Amoricaa fishermen by that treaty, those injariously affected by them will appeal
to this govtrument for redress.

" In ])restnting complaints of this kind, should there be cause for doing so, they
are requested to furnish the Department of State with a copy of the law or regulation
ffbich is alleged injuriously to affect their rights or to^ake an unfair discriminatiou
lietw.'t'U the fishermen of the respective countries, or with a statement of any sup-
iiosed grievance in the execution of such law or regulation, in order that the matter
may be arranged by the two govern meute.

• Von will make this direction known to the m.istors of such fishing vessels as belong
toTonr port in such maiuior as you may deem most advisable.

(•.Signed) "W. L. MARCY.

"COLLKCTOK OF THE CUSTOMS, Boston."

I have the honor to inclose a coi)y of an act passed by the collonial legislature of
Newfoundland, on the-27th March, 186:^, for the protection of the herring and salmon
fisheries on the coast, and a copy of cap. 102 of the consolidated statutes of New-
t'ouiidlaud, passed in 1872. The first section of the act of 1862, prohibiting the taking
of herrings with a seine between the 20th day of October and the 12th day ol:' April,
and, further, proliibited the use of seiiies at any time for the purpose of barring her-
riuss. These regulations, \vhicb were in force at the date ofthe Treaty of Washington,
were not abolished, but confirmed by the subsequent statutes, and are binding unc)r
the treaty upon the cit.zens of the United States in common with British "ubjects.

The United States fishermen, therefore, in landirgfor the purpose of fishing at
Tickle Beach, in using a seine at a prohibited time, and in barring herrings with
seines from the sho»'o exceeded their treaty privileges, and were engaged in unlawful
actH.

Her Majesty's Government have newish to insist on any illiberal sonstruction of
the language of the treaty, and would not consider it necessary to make any formal
complaint on the subject of a casual infringement of the letter of its stipulations which
(lid not involve f,ny substantial detriment to British interests and to the fishery in
general.

An excess on the part of the United States fishermen of the iirecise limits of the
rights secured to them might proceed as much from ignoranew as from wilfulness; but
the presen': claim for compensation is based on losses resulting firima collision which
was the direct consequence of such excess, ami Her Majesty's Government feel bound
to point to the fact that the United States fishermen were the first and real cause of
the mischief, by overstepping the limits of the privileges secured to them iua manner
gravely prejudical to the rights of other fishermen.

For the reasons above stated, Her Majesty's Government are of opinion that, undier
the eircunistancesof the case as at present within their knowledge, the claim advanced
by the United States fishermen for compensation on account of the losses stated to
Lave been sustained by them on the occasion in question is one which should not be
entertained.

Mr. E varts will not require to be assured that Her Majesty's Government, while un-
able to admit the contention of the United States Government on the present occa-
sion, are fully sensible ofthe evils arising from any dilJ'erence of opinion between the
two governments ill regard to thefishery rights of their respective subjects. They have
always admitted the iiicomiietence of the colonia' or the imperial legislature to limit
by subsequent legislation the advantages secured by treaty to the subjects of another
power. Tf it shonM be the c;)inion ofthe Governnitnt ofthe United States that any
act of the .oloniii legislature subsequent in date to the Treaty of Washington has
trenched nixm the rights enjoyed by the citizens o^ the United States in virtue of .^hat
instrument. Her Majesty's Government will consider any communication addressed to
tlieni in that "iew with a cordial and anxious desire to remove all just grounds of
complaint. , . , • ,

I have, etc., ''^' ' ^ ■

;^ SALISBURY.

Appendix A. — Collected aflfldavits of American fishermen submitted to the British
Govermneut.
Appendix B.— Statutes of Newfoundland applicable to the fisheri-ys.

216

I i,

i , I

ALLEGED OUTRAGE UPON AMEKICAN FISHERMEN.

Appendix A.

(1.)
Deposition of Alfred Xoel.

Newfoundlaxd, Central District, St. John's, to wit :

Tluicxainiii<ation of Alfred Noel, of St. Jobn's aforesaid, master mariner, taken upon
oath, and who saith:

I am iiiaBttu" of the schooner Nautilus of this port, and on the 19th day of December
last I WHS at Long Harbour, in Fortune Bay, in the Nautilus, which wis anchored off
Woody Island. I had a rvew of seven men, and I was there engaj^ed in the herring
lishery. There wiTe snveral American schooners ; seven of them were lying off Woody
Island, and two French vessels. This island forms the harbour within half a mileof
the narrows of Long Harbour; andotlierAnu'iicau schooners and Newfoundland fish-
ing craft were inside Wood.\ Island, which is iho inside part of Long Harbour. All
the craft there, English an«i American, were hauling herrings in seines and nets, and
the Americans were purchasing herring *'rom the English. Everything went oftqnietly,
and the greatest harmony prevailed until Sunday, the (ith day of January, when about
half-past 2 o clock in the afternoon five seines, belonging to the American schooners,
were put into the water by their crews at the beach on the northeast side of Long Har-
bour. J know two of the captains by name, Dago and Jacobs, belonging to Gloster,
United States, but do not know the names of their schooners. The wholefiveseineswere
barred full of herrings, when the English crews of the crafts beionging to Fortune Bay
ordered them totakotheir seinesnporthey would take them up for thiMu ; andtiio For-
tune Bay men, finding they wonld not do as they were re(nieste.d, then hauled up two
of the American seines, but without any damage or injury, and two were at tlio same
time taken up by the Americans; and at the same time a seiuo belonging lo Captain
Dii„o was taken up by the Fortune Buy men, the herrings thrown out, and the seine
was torn up and destroyed. Before this occurrence ou the said Sunday, onii of the
American schconers had a seine barred with herrings on the beach at Long IInrlKiiir
for seven diiys, and it was not at any time me(l<lled with by the Fortune B;iy men or
any one. Some of the Fortune Bay men had nets out in the water on that Sniiilay,
and the same had been there during the week, but none of the Newfoundhind tisliOT-
nien attempted to haul herrings on Sunday at any time while I was at Long Harbour.
Tiie Americans' practice had been until lately to purchase herring from the Newlbniid-
land fishermen in Fortune Bay, but this year and last year the Americans liavr
brought their own seines to haul herring for themselves. The Americai\ seines are 30
fitthoms deep and 200 fathoms long, whilst those used by our fishermen are I'i to 13
fathoms deep and lt20 fathoms long. These American seines are used for barriiifj; her-
ring in deep water, such as the Fortune Bay Harbors, viz., Long Harbour, Bay del
Nord, and Rpueoutre. Our fishermen never bar herrings, and herrings have never
been barred in Fortune Bay, to my knowledge, until the Americans brought the lar^e
seines I have alluded to into Fortune Bay and used them there to the disadvantage
of our fishermen. This mode of barring herrings in such harbours as I have men-
tioned is most destructive and ruinous t<> the herring fishery in those localities. I do
not know the names of the persons who destroyed the seines; there were abont eighty
vessels from dillerent harbours of Fortune Bay at Long Harbour at the time the seine
was destroyed by a great lot of people. I left Long Harbour for St. John's ou the yist
dav of January and arrived here ou the 4th instant.

ALFRED NOEL.

Sworn before me at St. John's aforesaid, this dth dav Februarv, A. D. l-^TH.
(Signed) • U. II. PROW.'^K,

J. r. for ycwfoimdUind.

: -^ ■■::•': -'^: ; '■'7'" ■-■ (2.) .,■,;;,-

' ■ * ■ ' Deposition of Johu Bumsey.

Ckxthal Disthict, St. John's, to icit :

The examination of John Kumsey, of St. John's, master mariner, taken upon oath,
who saith:

On or about the 14th November last I sailed fnini St. John's to Fortune Bay fora

cargo of herring. I arrived in Long Harbour, Fortune Bay, about Christinas last. I

found about 200 schooncirs there lookinsr for herring ; twelve of the schooners were

. AnipricnuH; my schooner was called the Briton, six hands all told. I got most of my

herring between Christmas and the Hth January. Most all the schooners in Long

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

217

ariner, taken npon

LFRED NOEL.

taken upon oatli,

IHirlionr lay inHidf of Woody Island. Woody I.sland i.s aliout three niih's from tjie

lentrance of Lonj; Harbour. On the .lorthern sido, rather above the island, there is a

Ifine beach about a mile long. This is the best hauling place iu Long Harbour, and

Imost «11 the herrings were taken there. It is only this year and last year that the

lAmtriiaa schooners have brought dov;n very large seii^s for eatching herring. I

Ihavf been informed that some oi these seines were 250 fathoms long and 35 fathoms

Idoei). The seines which our Newfoundland tishernion use are about ItiO fathoms long

land Ironi H to UJ fathoms deep. In the lir.st week in January ther*^ were four or liva

lAnifrii'iiii Mi'hooners who had the beach above mentis. ned barred for herring. The

Imode of inl)ariing for herring is as follows: When a place is selected, generally a

Ijmnotli bixicli with deep water outside free from rockji, a party is sent ashore with n

Ijoii" liii'' Iron! one end of the seine; the seine-boat then goes off with the seine, makes

Is hm^ swi'pp. and the other end of the seine is then brought into the leach also ; thea

Itlie crew begin to haul together on both ends of the seine with long sei le lines running

Iforo ,iii<l at't up and down the beach ; four r five seines th!is barring herring would

coverall the liuMling ground on this long beach I have spoken of, an(' would occupy

all tbe best ground for hauling herring in Long Harbour. On the irst Sunday iu

Janiiiiry the l>^*ach was barred by four cr five large American seines. On that day

after di'unei', a large number of people belonging to the crews of the Fortune Bay

|lcliooDer.>* then in Long Harbour went over to th<i beach, and I was informed there

irerc 600 or 700 Newfoundland tishermen there. The Americans had barred the her-

.ii);;, ami were hauling on their seines on the Sunday morning. The Newfoundland

fisiilrmeii told the American captains to take up their seines or they would take them up

Bortlu'in. All the American seines hen taken up which wore set on a Sunday

Biueptone; this one the American ca^ who owned 't refused to take up. The

Sewt'onmlland fishermen theu hauled it ashore, took the herrings out of the seine, and

iccordiiig as they hauled the seine out of the water they tore it up. I saw the .seine

llheiiext (lay, Monday, on the beach, and it was completely destroye-' ; it was an old

jeeniidiiaud seine, and very rotten. I have been for thirteen or fourteen years carry-

jiisron tliti herring fishery in Fortune Hay, and during that time I have never known

piir NowfoiuuUanil ti.sherman •''o haul herrings on Sunday. If the American fishermen

Hfri'peniiiitfd t;> bur ln'rrings in the way that thi'y were doing at Long Harbour

Biiiili. nil the rest of the craft wonld bi; deprived of the best i)lace in the harbor to

bill lifrriuL;s; and such a uioiU^ of fishing for herrings is most injurious to the fishery,

knd must m time ruin the herring tiMhery then'. The Americans, in hauling th ir long

eiiu's, often removed the Newfoundland fishermen's nets when they cauu) in their

ray. I have known the Americans last veai to have herrings burred in for a fort-

bisihi. liarring kills a great many herrings, and makes those who are barrod in very

bdor. I have .seen the bottom covered with dead herring after the seine had been

hancd tor a \v;ek. The American schooners heave out their balUist in the channel

Ijetwieu Wo.idy Island and the shore, and if not pievented, will soon destroy the an-

kbniajje there. ,

JOHN RUMSEY, bis X mark.

Sworn before nu^ at St. John's, this 9th day of February, A. D. 1878, l.aving first been
lead over and explained.
(Signed) • D. 11. PROWSE,

J. J', for Newfoundland,
(3.)

Deposition of John Saunders.

The examination of John Saunders, of Tickle Beach, Long Harbo'.r, taken upon
iWili. and wliii saith :
In.laiiiiary lust there were a great number, close on IOC, schooners and boats fishing
briierrint;, both American and Newfoundlanderf>. The Americans were employing

' English to haul their seines for them. There wi;re sonui English schooners who

1 seines also. One Sunday, I do not know the date, John Hickey laid out a seine,
kill was told by the English or Newfoundlanders to tak(> it uj), as it was Sunday, which

did. The Americans laid out their seines, assisted by the ICnglish employed by
Hem. The Newfoimdlanders told them to take them up, as it was not legal their

liiii, on that day, beting Sunday ; J. McDonald took his up. Jacobs upset his
^t into l'"arrel'H seine, who was employed by him. Farrel was barring for the Ameri-
kns, and was not allo<.v(>d by Jaeol)s to haul his .seine until the hard weathtu- eame.
|fti'r.Iacol)s had upset his seine into Farrel's In- took it up toshoot again, and threat-

id with the revolver any ono who interfereil. Then they told ilcCauley to take

'ii)!. lint hi- didn't, so the pe )ple hauled it in and lore it up.

[Idiiii'i kiidw any man concert ed in the destruction of the net that I eould swcs'irto
ptoiie, .lohn Pifnuu), a servant of Samuel I'ardy, who was at "Jack Fount.".ni."'
IThere was no other reason that I know for destroying nets but for fishing on Sun-

218

ALLEGED OUTRAGE UPON AMBttlCAN FISHERMEN.

day, and bocaase they would not take them up when they were tohl. The Americant
never hauled a seine before that day ; they always employed the Eugliah to hhc their i
seineH, and bouj^ht fluh from the English. The only reason that the AmoricauH laiil
their seines out that day was bocatise there were plenty of herrings, and no Eut'li4
man would haul them, being Sunday, excepting Hickey, who had been coiniieljej |«
take his seine up.

Q. Where jloes Pliilij) Farrel live T— A. In Bay-de-North, and so does Thomas FamL

Q. Was any obstruction or hindrance placed In the way of the Americans liefDreut
after that Sunday f — A. No.

Q. Did they remain in the harbour until the close of the season; until the lierriDjr)
Blacked away were any Americans compelled to leave the coast after Ibis cireiiDi.
Stance f— A. No; there was nothing to prevent their remaining, and they reinainwl
for some days, until the weather became soft, and there were no more herrings iuihJ
bay. Most of them left, but one American nciioonor remained about tbi'oe wcckaatiei
that, when another lot of herrings came into the bay, and he filled up and wentawat
the next fair wind. Jim Boy was the captain's name. ' I

Q. Do you know any American of the name of Dagofj— A. Yes; he has pari iniliiil
seine. The Americans hauled their seine on the beach itnmediately in frout ul nir I
property.

Q. Do you know the names of the schooners f^A. No,

Q. Do you know the names of the owners of the seine f — A. Yes ; Captain Dago
and McCauley.

Q. Do you know anything the Americans did by way of revenge? — A. TheAmeri
cans, in revenge for the destruction of the net, afterwards drifted their vessels all I
about tho bay or river with their anchors hanging, and so hooked and destroyed maDv I
nets, about fifty or sixty, I should think. The name of one of these captains wail
Smith — but 1 don't know tho name of his vessel— and the other was Pool. Wcaill
believe that this was done in revenge. They were pretending to be at anchor, wherel
there was about fifty fathoms of water, but were drifting all over the bay and hookiDjI
the nets ; there was no weather to cause them to drift. Our small boats were aucboredl
oflf the beach. We had never any difficulty with the Americans before this, but wi!t«|
always on good terms with them.

(Signed) ,. > JOHN SAUNDERS, his >^ mark.

Sworn before me at Tickle Beach, Long Harbour, this 13th day of Juno, A. D.hfl.l
(Signed) GEO. L. SULIVAN,

Captain and Senior Officer on the Coast of Neufoitndlanl

■ - (4.) - ,.•,;•,■;■ .:': \ ;

' Deposition of Mark Bolt.

The examination of Mark Eolt, of Tickle Beach, Long Harbour, taken uiion oaili
and who saiiii :

lamanatWe of Dorsetshire, Euglaud. 1 have been in this country twoiity-oMl
years, and have ^een fishing all that time. I have lived in this neigh boiliood I'mirf
teen or fifteen years, and at Tickle Beach since last fall. The grouhd 1 ()i'cii))y(W.i
feet) was granted me for life by Government, and for which I have to pay a (ec. Tkitl
are two families on tho beach ; there were three in the winter. Our living isdi'iwl-l
ent on our fishing off this settlement. If these large American seines are allowe(lt»|
he hauled it forces me away from the place.

One Sunday in January la.jtJohn Hickey, Newfoundlander, came first and liovol
seine out. Five Newfoundlanders came and told him ti> take it up, and lie did not;!
then others came and insisted up Jn it, then he took it up. If he hail then ri;fii<idli|
take It up it would have been torn up.

Then Jacobs, an American, came and laid his seine out and hauled about KID liamlil
of herring in the big American seine, and ca)>sized into Tom Farrel's seine— iiXftf
foundland fisherman employed by Jacobs and fishing for hhn.

Philip Farrel was also fishing for tho Americans, being master of McCauley 'sseinfJ
The Newfoundlanders then capsized Tom Furrcl's seiue of fish, who was only listajj
for tho Americans. After this Jim Macdonaid, another American, threw out liis siiotl
Then the people went and told Macdonaid that he was not allowed to fish on SiimlayJ
and he must take his seine up; and he took up liis seine and carried it on boardkiil
vessel. Jacobs would not allow his seine to be touched, but drew a revolver. Tli(!|
went to McCanley, an American, who had laid his seine out for barring herrin|:;ilii'|
American also employed a Newfoundlander to lay his seine out. The Ne wfonndlantel
said it should not be done on a Sabbath day, and they resolved to tear up all the seinC
they conld get hold of. They managed to seize McCauley's and tore it np. Tb^l
would have torn up any they could have got aC if laid out, whether English or Anieii-
can, because It was Sunday. The Americans do not bar fish. This was tho first tiii»|

GRMEN.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

219

old. The American)
EngliHb to use their
t the AuioricauN laid |
tigs, and no EuL'li4
,d been compuUeil to |

I does Thomas Faml.
B Americans before iji I

tn; nntil thoherriDml
ist after this cireim.
;, and they reinaiiinl I
I uion? herrings iuthi
lout three wcelisatiet
ed up and weiitawa;

i»; he has i)art iatliiil
lately in front of my I

. Yes ; Captain D

«ugeT — A. TheAmeril
■if ted their vessels all I
d and destroyed aianv I
[)f these captains v(a) I
ler was Pool. We all I
to he at anchor, when!
)r the bay and hooliiiiil
,11 boats were auchoreJI
8 before this, but w««l

[DERS, his X marli.

ay of June, A. D, 1 v
3. L. SULIVAN,
aat of Neu'foundlmi

I ever know them to do so ; they usually buy the fish from the Newfoundlanders, and
also barter flour and pork for them, and I have never known anything to complain
of ajMinst theiu previous to this.

Q, Did the American schooners continue to fish after tho destruction of McCauloy's
Boinef— A. Yes.

Tti(.v(tlieAniencans) continued to fish, and left about the usual time, the 10th March.
I (1(1 not know any reason for tho conduct towards the Americans except that they
were fishing on Sunday. I do not know what became of the nets that were torn up;
it was left on the beach for some days, and then taken aw»y. 1 do not know who
took it away; tiio Aniericuns, perhaps, but I dou'f know.

Till' .Americans were often set afterwards, but not on Sunday; the Americans did
not l(Nive off catching herring after this on other days. The English did not prevent
tlie AiniTicans hauling their seines, but the Americans usually employed the English
to haul tlieni, as their crows ware not sufficient in number, and are not acquainted
with the work. The American crews are employed salting and freezing the fish,
while the English employed by them witit the American seines are catching th6m>
The seine torn iiir was being worked by an Englishman for McCanley, the American,
namely, Philip tarrel.

Jacobs' seine was in tho water a right and a day. I was not aware that it waa
illegal to haul or catch herring "oy or in a seine at that time of the year, nor that
barring is prohibited at all seasons, nor that the seine must be shot and forthwith
hanled, but have heard some reports to that effect.

The nearest magistrate is at St. Jacques, about 25 or 30 miles from this, and there
is no means of communicating with him excepting by a sailing boat.

The seine that was destroyed belonged to men called Dago and McCanley, who, I
believe, wore each of them captains of schooners, but the names of the vessels I do
not know.

(Signed) ■■■'- -^ ; V ' MARK BOLT.

Sworn before me at Tickle Beach, Long Harbour, this I'Jth day of June, A. D. 1878.
(Signed) GEO. L. SULIVAN,

Captain and Senior Officer on the Coast of Newfoundland,

. ,, _ v:p;:0;,-;-; -- - ^ ' ' ^^^ ■ -;; ■:^-"- • - -^'^ ;';*v;' '7[ i:\ ,.:.:,.

' Deposilioii of Richard Hendriken, .

[lour, taken upon OiitJ

is country twontyoDil

is u<!ighborl!oo(l I""'-!

grouhd 1 oL'cu)iy(wJ

[ve to pay a fee. Tlietil

Our living is (li'pi'H'i

seines are allowed Mr

lame first and hoveliiil

lit up, and hedidiioi;!

Hi hail thtMi refiisiiiuj

lulled about 101) liamlij
iFarrel'sseinc- iiNetj

Isr of McCaulev'sseKl

who was only lislii»!|
Ln, throw out bis si'iKl
Vedtofl8honSumlavi.l
carried it on board tel
rew a revolver. TMl
t barring herring; tli»r
[The NewfonndlanileN
) tear up all the seit^

and tore it "p. ''^
[her English or Amen'

[•his was the first tiif

Tho examination of Richard Heu^^irikeu, of Hope Cove, Long Harbour, taken njioa
oath, and who saith :

1 have been nine years in Long Harbour. I w.»s here in January last, when the
American seme was destroyed. It was destroyed on account of liarring herring on
Sunday. I was watching their j)roceeiling8 from the point opj>osit(>; they laid their
seine out and went to haul it in because tho English would not haul it in on Sunday,
and the liay was lull of iisli. The fish would have remrined'. The Americans gener-
ally employ some Euglishmen to work with Iheirov i> i:i;.'v; f hey don't generally lay
out their owu seines. Captain Dago and Samuel Ji^cobs woiii.l ,»i....;..t i n nauling, and
hauled once and barred them in Fari-el's net. Fairel was working * .4 aim, and had
been liarriiig herrings for several days — perhaps about a fortnight — by the Americans'
orders. I believe it is illegal to bar herrings; it destroys the fish, but we have no
power to stop it. It is no good telling a magistrate ; the Americans take no notice of
them. The nearest magistrate to this place is at Harbour Briton, 25 or 30 miles ofl".
The only thing to let people know what is right and what is wrong is to have a notice-
board in each harbour, and some heavy fine imposed on law-breakers.

James Tamel is harbour-maeter.

I don't know if he is a special constable or not ; but Mr. Enburn told me he was to
see the Yankees did not heave their ballast over, and that their measures were correct,
but tliey would not listen to him. They ho"e their ballast overboard, and had tubs
■22inclies in depth instead of 16 inches; in these tubs they measured the tisli they
bought from the Newfoundlanders, and they would not alter them. The fish are sold
to the Americans l>y the barrel. For 100 barrels it is usual to j)ay for DO, which is
cousidered fair, but a flour barrel cut down to 16 inches in depth is the proper measure ;
they only cut them to 22 inches or more, and insist on having ^hem filled. The ves-
sels from St. John's and Halifax always take the i)roper size tubs, but the Americans
constantly overreach us, and choose the most ignorant to deal with, or those who are
not 80 sharp as themselves, fhey generally otherwise behave well, and we have never
bad any quarrel with them before, but have always been on good terms. If the na-
tives did not see the laws carried out themselves there might as well be no laws, for

220

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

there in often no one olso to enforce it. It i» the onlj' way I know, and in praMy well
ontlcrHtood by both foreijjiH'rs and natives.

(Signed) RICHARD HENDRIKEN, his H mark.

Sworn before me at Tickle Beach, Long Harbour, this 14th day of .June, A. 1). 1W8
(Signed) GEO. L. SULLIVAN,

Captain and Senior 0£icer on the Coast of NvwJ'oundlaiid.

(G.)

Deposition of Ambrose Pope.

The examination of Ambrose Pope, of Stone Cove, Long Harbour, taken upon oath,
and who Naitli :

I was at Tickle Beach on a Sunday in January last. I don't know the dare. 1 8aw
the Newfoundlanders hauling a seine and leave it on the beach; it viis torn in haiiliiif;
it on shore. It was evening when I saw the seine hauled on the beach, and it wiw
laying there when I left the beach.

I don't know if any was carried away. I don't know anything more about it. The
Americans we thought had uo right to haul their seines on Sunday.

(Signed) AMBROSE POPE, his y. mark.

Sworn before me at Anderson Covo, this 15th day of June, A. D. 18VS.

(Signed) GEO. L. SULIVAN,

Captain and Senior Officer on the Coast oj Knuifoundland.

.-■■ (7.)

Deposition of James Thariiell.

The examination of James Tharnell, of Anderson's Cove, Long Harbour, tiikon upou
oath, and vho saith:

I am a specia'i constable for this neighborh.)d; I did not see anything of the alleged
outrage last January, l>..t I heard soniethiii.f about it; I believe some of the iiieu
named Pope were on the beach, but which I do not know.

(», Have you formed ::ny o]>inion as constiible as 1o the cau^e of the dispute ?— .\.
Mr. Sncllgrove, of the cusloins, and myself, from what we weio informed of the eir-
cumstances, were of opinion that the Americans were acting illegally in shooting llicir
seines, but notwithstanding that, nothing would have been said to tluMii for that had
it not been on the Sabbath day. The men forbid them haiili'.ig seines on the Sabl)ath
day, and told them to take them up or they would take them up for them, and what
annoyed them so much was that the Americans drew their revolvers ; probably, if it
had not been for the threat of the revolvers the seines would only have been taken up,
and not torn. They asked him three times to take them up before they did so them-
selves.

The people were not aware that it was illegal to set the seines that time of the year,
and were only promjited to their act by the fact that it. was Sunday. We all consider
it to be the jireatest loss to us for the Americans to bring those large seines to catch
herring. The seines will hold y,000 or :t,()00 barrels of herring, and, if the soft weather
continiiea, they are obliged to kei-p them in the seines for sometimes two or three
weeks, until the frost comes, and by this means they deprive the poor fishermen of
the bay of their chance of catching any with their small nets, and then, when they
have secured a sufficient quantity of their own, they refuse to buy of the natives.

If the Americans had been allowed to secnre all the herrings in the bay for them-
selves, which they could have done that day, they would have filled all their vessels, and
the neighboring fishermen would have lost all chance the following week-days. The
peo|)le believed thattlu^y (the Americans) were acting illegally in thus robbing tlieni of
their fish. If the natives had not defended themselves by enforcing the law, there was
no one (^Iso to do it. 1 was sworn in as a special constable by Mr. Herbert, the magis-
trate of Harbour Briton, last October.

On tiie arrival of the Americans I showed my authority, signed by Mr. Herbert, and
they laughed at it, and said it had no stamp, and they didn't, therefore, recognize it.

I told them the lawful .size of <i tub — sixteen gallons — and they said they required
a bran<l on it. I have no means of branding tubs; there is no means to brand on the
coast, iind it is not the custom. I don't know if it is the custom at St. John's to brand
them. I have cautioned th(( Americans about throwing ballast out inside Hoodej's
Island, where it is very shallow ; but they have continually done so notwithstanding
up to this. There are now several shallow places there and in the cove, where the
Americans have been in the habit of throwing out their ballast, and small vessels now,

EN.

ALLEGED OUTRAGE UPON AMEUICAN FISHERMEN.

221

i i» pretty well

bis t>^ mark.

nn<\ A. 1). 1W8.

LLIVAN,

fewj'oundlaiid.

at't\vi!iity-«inl't to thirty toiw, repeatedly Krouiul on this balluHt there thrown out by
thoAtiii^iio'ms- ^ believe there whh less thrown out last winter after 1 spoke tothnui
about it; hut 1 have no power, moral or otherwise, to enforce any rules, and they
(lou't Hooin to care much about me,

(Signed) JAMES THAKNELL, his >< mark.

Kwoni before me at Tickle Ueach, Long Harbour, this 14th day of .Jimu', A. D. 1S78.
(Signed) " GEO. L. SIJLIVAN,

Captain and Senior Officer on the Coast of Newfoundland.

(d.)

iken upon oath,

the date. I saw
storu inhiniliiii;
each, and it wiis

re about it. The

i, hU M mark.

■/s.

3ULIVAN,
Nuivfoundland.

vXnnxr, taken upon

introf the alle<;«il
some of the iiicu

the diHpute ?— A.
I'drmed of the cir-
' )ushootinfj;tl«nr
hem for that liiul
>s()n the Sablcith
IV them, and wliat
Is ; probably, if it
v(^ been taki'U up,
It hoy did so them-

timo of the year,
Wc all consider
bo seines to catch
ff the soft weather
Imes two or three
] poor fishermoii of
[then, when they
]>f the natives.
the bay for t hem-
thoir vessels, and
|wcek-day.s. The
.larobbin.ntliemot
Jbe law, there was
[erbcrt, the uiagis-

J Mr. Herbert, ami
Ifore, recognize it^
Lid they reqnireil
Is to brand on tlie
It. John's to braml
] inside Hoodeys
1 notwithstanding
L cove, where the
aall vessels now,

Deposition of George Snellgrove.

llii^ examination of George Snellgrove, of St. Jacques, Fortune Bay, taken upon
oiitli, and who saith :

1 am 8ub-c()llecto.r of customs for the district of Fortune Hay. I went to Long Har-
bour on the Hth January, two days after the dispute between the Americans and New-
foundland fishermen had taken place.

Cai)tains Jacolis and D;igo informed me that an American seine had been taken up
bv the Newfoundland lishormen on the Sunday previous and destroyed ; that the seine
beloiijitd to D.igo and McOauley, and that they had other seines out, ))Ut they had
taken tliem u|> when they found that the other was destroyed. One of these captains
said tliat tli(^ lishermeii bad threatened to take up the se'ue if they didn't themselves.
Captain Jacobs sliowod m j a revolver, and said that he had threatened them with it.
I remonstrated with him lor doing so, when ho replied that 1 couldn't suppose that he
was really goinn to use it ; that he only did it to frigiiten th<mi ; he had taken care
there were no charges in it. I said to him, " Do you suppose that yon would have
got olf that be.'.ch alive if you had used it J" and he said ho never inteixled to use it.

Captain Warren told me that on the, lishermou coming to haul in the seine that
Captain Dago hailed them to say that they would take the seine in themselves if they
waited, and that he (Warren) said to Dago, " It is too late now; you ought to have
done it when they told you flrst; they are too excited now."

I then conimnnictaed ^'ith the natives of the place, who related the circumstances,
and gave their reasons that the Amsricans were (ishing illegally, and would have so-
onreil the whole of the flsh, viiich they considered part of their property, and that
they would liave been distressed for the winter. They told me that they had at first
told tlitnn to take up their seines, and they refused; that Captain Jacobs had threat-
ened thcin with a revolver, but, notwithstanding this, they had taken up one and
destroyed it.

1 saw Captain Jacobs several times afterwards, and in the course of conversation
with liini I said : " If I had been there you would not have been allowed to shoot your
seine." "What!" ho 8ai<l, "could you prevent mof I said "Yes; I should have
seen the law earried out and taken your seine and boat, which you forfeited for break-
iugthe law," and I told him I would take the line as well of ,$200, at which be said :
"l5o you think I care about paying the line? I could jiay the tine," by which I un-
(lerst lod him to mean that the line was not worth considering, as the quantity offish
would have more than paid for it. ,

Q. Was there any one in Long Harbour on the Sunday referred to who could have
entorced the law and protected <^he interests of the lishermen ?— A. No.

Q. la it not illegal shooting seines at all at that time of the year ? — A. There is an
act to that effect, but it has never beer, carried out in Fortune Bay, nor are the nati ves
aware of its illegality at that time of the year, nor would they have molested the
Americans had it not been Sunday, and which they knew it to be not only the law,
but the infallible custom to desist from fishing on that day.

Q. Has there ever been to your knowledge before qu.arrelsome disputes or ill-feeling
between the Americans and native fishermen f — A. No, never; always on the best
termf..

Q. How long did yon remain in Long Harbour? — A. T iemained till the 12tb January.

Q. Dill you observe during your stay in Long Harbour whether the three American
captains remained and continued to fish or not ? — A. I did, and I know that they con-
tiuued to fish ; they were not molested as far wi I know.

Q. Was there anything to cause them to lefuve the harbour, or to cease fishing ? —
A. No, and they had not left it when I left. There were no further disputes to ncy
knowledge afterwards.

GEO. THOS. SN^LLUROVE,
Sub-Collector of Her Majesty's Ciietoms.

Sworn before me at St. Jacques, Fortune Bay, the 17th day of June, A. D. 1878.

GEO. L. S0LIVAN,
Captain and Senior Officer on the Coast of Newfoundland.

1 *44

222 ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

(9.)

DepoHilion of Silas Fudgv.

The nxaniination or Silaa Fiid^e, of Hi^lluram, Fortuno Bay, taken npon onMi, jtnd
who fltiitli :

I mil iiiato of my fiitliur'H HchooiuM'. I witiioHHotl the diHtiirbaiice at Long HailMiiir
on .Sunday, tho tith January laxt. I am certain that it waHon tlio (>th January it !<iip.
pencd.

1 Haw the Hoinos in tiio water — two of them American and one En);IiH]i, We tolj
them to take them n|i.

John Mickey, tlie KnKllHhman, took binnp. McCanhty, the American, wiioown<>)lthe
otiier, retuHcd totake his up. Tliere wan another Heine, wliich I didnotHee, in the water,
helon^in^rtoCaptaiii Jacobs. He hadhiHin the boat at the time. Heliad HhotoniMuind
diHchiirj^iMl hiH Heine into Thomas Farrel's, who woh working for him, and was noiiifj to
shoot hiH H(!ine out again. I saw it in the boat rea(iy for Hhooting when the crowd c.itmei
over. They 6rst spoke to McDonahl, and asked him if he woul<l take hisseine up, and
he said, " Yes, if 1 am forced ; " and they then went to Hickey and toUl him to taiie hiit
up, an<l he took it up ; then they went to MoCauloy and asked him to take his up, and
ho said ho wouhl not. They then told him that if he «lidn't they wouhl take it up for
him. They then wont to Jacobs, and told him they would let go the herring out of
the seine of Toiu Farrel, who.was an Englishman. Jacobs then drew a revolver, and
threatened to shoot any man who tonched his property. The crowd were very excited.
I saw them haul McCauley's seine in and tear it up. That was the end of the row that
day. Farrel had, during the previous week, secured herring in the American seine, and
then had placed his own round them, and taken up the American's. This was dono
before Sunday. It was in this seine of Farrel's that Jacobs emptied his own seine.

Q. You know that the Amori»iai. fish wore in the Englishman's seine ; why was Far-
rel's seine ii! lowed to remain f — A. liecauso ho had not shot it on the Sunday, but on
the week-day.

Q. Are you aware that it was illegal to uso seines to catch herrings that time of the
year?— A. No; I don't know.

Q. Did you believe it to be lawful to nae seines for herring that time of the yeart—
A. Yen, I thought so, as far as I could understand. 1 suppose the Americans thought,
with reference to the destruction of the seine, that we did it in envy of them, but it
wasn't ; but it was from regam to the Sabbath, on which day wo never fiHh.

Q. How far from the boach were tho American soinos nhot ? — A. Close to the beach;
the hauling lines were on the beach.

The Americans remained in the bay after the occurrence for several days ; they were
never molested or interjbrod with afterwards ; they continued to fish until they left
the harbour; they were not compelled to leave the harbour, but I believe they wore
DDsnccessful on account of the bad weather and for want of frost.

SILAS FUDGE.

Sworn before me at St. Jacques, Fortune Bay, the 17th day of June, A. D. 1878.
(Signed) GEO. L. SULIVAN,

Captain aud Senior Officer on the Coast of Netcfoundland.

: /: (10.)

Depoiition of John Cluett.

The examination of John C luett, of Belloram, Fortune Bay, taken upon oath, and
who saith :

I was in Long Harbour one Sunday in January last.

Q. Did you see anything of the quarrel between the Americans and other fisher-
men T— A. I did.

Q. Tell me what you know of it t — A. They commenced hauling herrings on Sunday,
about midday. The first American seine shot was Captain Jacobs'. There were two
more American seines shot. There was an Englishman working for tho Americans
who had a seino moored there for several days, but it was noli shot or attempted to be
hauled on tho Sunday.

Tho first seine we came to was Captain McDonald's. They askedhim if he was going
to take his seino up. Ho said, " If we are forced to take it up we will ;" and we told
him if ho didn't take it up we would take it up for him.

The next we came to was a man belonging to Fortune Bay, called John Hickoy, an
Englishman, and wo told him to take up tho soiuo, and he said he would take it up,
and he did. The next wo came to Peter McCauley, and we told him the saino as

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

223

npnn oittli, iiiiil

j;liHh. Wo (old

i that time of the

ILAS FUDGE.

■01)

Hl'illl

|ali>iii'

L , i.tiicrs, and lu' Jvfii'W!*! to tiiko it u|>. Tiioii wo wtMit on to CHptiiiii .Fiicolm, mid

I I'lii wf !:•>• •" ''•'" '"' ^^'"'' '" ''•'' "l*'*^! " little oli' tlio flmiT. llo had jimt iiiiiih^d
If '',,iii , .,,,,1 sliot lluMii into Fuind'H ^eiIn•. wlio wjiM woiklnu for him. 'I'hi'v romoii-
Liriicd iilioiit liifal<iiij{ tli(i law and lishiiijj on Sunday. 'I'lit'iti wai an aitt^rcation

II .iwci'ii iih. "'' ""'•' '"' ^^■""'•' ilt'iVnd liisHcinc it' tln'y tondicd it in a thrrattMiin^
In' V 1 linii't know wliat ho said. TIhto wbh a nn-at crowd, and ho was in an awfnl
'tii'i' aii'l I lii'ard tlnit lio diow a rcvolvi-r, Init 1 didn't 8<'o it. Ho tln-n took liiMHcino

lioanl. 'I'lit'M 111! tho Hciiics woio takt^n nj) hut Kairel'M and Mi:Cunh\v'»<. l-'arnd'n
wiiH not tonihod h('L'i".iMO it wuh not laid on that day, and tlioy tliorot'oro lot it
aillion;;!! .lacohsV IihIi w«mo in it; l*nt ^IcCanl«)y'^4 Hoiiio watt takon n|i and do-
Zw\i''\. »"<l1liiit is all I know.
n. Did till' American captain rciiniin in tho harhonr nflt^f— A. Yos; I think ahont
r'riniulit, I'lit porhajm more. They continntMl to IIhIi and haul herring; on wt^-k-days
lull not on Sunday an'iin.

(I. Were llicy over niolt'nted or interfored with in any way Huh8C(|nently or nott —
j\ Viit to my knowlc<lj;u ; tlioy remained thcro an lonj; aH they clio.sc^, and tl»>ro waH
ii.v raiiy more dispute. I don't know that it is illef^al to haul Hoinc^s that timo of
flicvcar. 1 liiive lu-ard of tin^ law, but 1 have novcr Keen it carried out ; it liad noth-
■ui'todo willi tliis (liHputo. Tho only cauNe of it waH on account of its lioing 8ab-
nUi, 1 never saw horrings hauled on a Sunday before, either by American or
ii;;lisl)iimn.

Tilt' AiiiericnuH, by hauling herring that day when tho EngliHhmen could not, were
oliliiiid llieni of their lawful and junt chance of Hccuring their Nharo in them, and,
iirtiii'i-. liad they Hccnred all they had barred they could have, I Ixdieve, filled every
issilofiheirH ill tho bay. They would have probalily frightened tho rest away, and
t Hdiild have been useless for tho P^nglish to stay, for the little left for them to take
;hev could not have sold.

riio AmencanH would have a better chance than the English any day on account of
lb' size of their nets, but the English would have had their fair chance the next day,
iiiiitlieytlionglit ihoy wore jnstilied, in the absence of any propcsr authority or power
tiilbrci; the law, to defend their rights theniNcl ves. There is no power or authority
enforce th<! law on all parts of the coast, and none nearer to Long Harbour than
iliont lid or 10 miles.

If tlicn^ was not a good feeling. and nnitual iinderHtanding between all tishermen,
ktluT f'onigners or Englishmen, there would Ite no law carried out or uphold at all,
lit ilicro was always prior to this a very goc ' feeling and a nintnal understanding bo-
wiiMi the Ainericaus and ourselves, and I don't know anything to prevent th(^ same
fiitiue. After t he destruction of McCauley's seine some of tho Ameiican schooners,
me of which was Petn* Smith's, drifted about tho harbor among the lishermen's nets
ben blowing hard, with their anchors hanging to their bows, and destroyed several
ifis, I don't know if this was done out of revenge or not. I ilon't think it was done
nrimsely.

(Signed) JOHN V.LUETT.

Swmn before me at St. Jacques, Fortune Bay, this 17th day of June, A. D. 1878.
(Signed) GEO. L. SULIVAN,

daptain and Senior Officer on the Coast of Newfoundland.

and other fisher-

• :-7'<Ar' (11.) . :-:.r-\

Dejwsition of Charles Dagle.

" Gloucester, /-'e&rKflrj/ 19, 1878.

■I, Charles Dagle, master of tho American schooner Lizzie and Naniari,of Rockport,
loon oath depose and say :

[Tiiat I Hailed from Gloucester on the 6th December, 1877, for Fortune Bay, New-
piimlland, for a load of heri.'ng. The last year (1877) I had stdd a seino and boat to
Mies ill Newfoundland, aiui they were to supply mo with herring in payment for
'b seino and boat. I arrived at Fortune Bay about tho lOtli December. I was at
lOnu Harbour, Newfoundland, with my vessel on the Gth January. Saw tho seines of
le American schooners New England and Ontario destroyed by tho fishermen of Ne w-
Iniiilland. There isa decided objection tousiug netted or gill-net herringfor freezing
prposes, as these herring die in a short time after bei'i;; taken in gill-nets. When
fnaro seined they can bo kept alive on the radius of tho seine and taken out alive
1 the weather is suitable for freezing, while tho netted herring, being dead, must
kilted or spoil ; consequently the seined herring are tho best for our purposes, and
E what tho American vessels want for our mai-kot. Knowing this fact, the New-
iBoillaiHl fishermen had endeavored to obstruct in every way the taking of herring

224

ALLEOKD OUTRAGE UPON AMERICAN FISHERMEN.

Willi NciuoH, iiM tlit^y im<< |>riii<'i|ially Kill-ii<<tN; tlioy |>Iii('«mI tli<>ii- lu^tH, wliicli iiriwl
IMTinaiii'iitlv, HO IIS to liiiiil<T \\w iiH im oi' HoiiieN. On tli(t <itli .liiiiiiiiry, iHr-^, tlii'ii„.{
riiiK liiiil I'o'iKt iiiMliui'x, HO tlint llii'y \v(>ro iimitlM tlni ;;ill-iii>tH, tliiiH ^iviiiyr imr |ii'ii|,|,|
an (i|i|i()rtniiitv tom^iiio tln'iii without iiitfifciiiin witli tlH-^ill ii<>f.H. On tin- Aiiiiriiaj,!
titt<MM|itiiiK to put their m-iiicH In tiio wutiT tht« Ntnvl'onnilhinil li^<ii<Tiii('ii ilnvutiiiriil
to ilt'Htroy thciii, and wlii-n oiir liHiit'i-nit>n had taken tiii-ir himih-h lull ol' lu'rijn.', ii,,!
Ntnv found lundiTH came down to tin' niiinlifi' of '2110, wi/.<>d and d<>slroy<-d tin- mihi'^ I
lettin;^ out tint lisli, and aftcrwarilH slole and I'arri'.'d oil' tlir rtiiinanlH of tlir scmril
On account (d'this viidenr(< and llio olmtnict Ioum idaccd in the way of my nirn ii|i,.|,|,|
in^ iJio Hciiif, i was iinnMo to |irociirc« n ciir^o, and have ri^turncd williont a lnniDtl
If 1 had III'";, aiiowcd th<> iinvili'j;c ^iiaiiiiitei'd liy the \Vasliiny;ton rreiiiy, I idiiI^I
have ioadi d my veHHel and all the Ameiiciin vessels eoiild have loaded. 'riirN|.,.|
foiiiidland |.ei>plu arodelermined Ihat the AiiieriiNin lisliermun hIiiiII not take JiiTriuil
on thoir shoreH. The Ameiii'iui Hoines lieliij; very larjje and Niiperior in every ri'.|int|
to till) iiotH of the Newlbiiiidliinders, they cannot competo with them, 'i'liesi' MiiMl
are tin; mackerel seines which are used in Hiimmer for niaekorel iind aro ><'ltiii.; iiit|
herring. \V lien t hoy are plentiful we emi take from '.',((00 to. 'i, ()()() hurrols. T'lr s'lndl
and lioatH we use costl.yod dollarn when new, and are toocxjienHivo for the j;i'iiii;i:in|
of Newfouiidlaiid lishiM-nien, and they would have no use for seines only iliiiiu;; |M
herring Mt-usou, while wo can uho tbow both summer and winter, uiul thus iiiukr tlital
pay for their uroiit cost.

My loss by these actHof violeni-e, and Ixuii^j deprived of my ri;;htH ntiiler tlit'\V;i«.]
iuf^ton Treaty, is fully 5,(11)0 dollars, which I claim as indemnity. Tiie nelteil licrnml
are strangled whilv caught by the head in the net, and the eyes turn red from .siiiliiei.[
tion. They will not kisep so long as Hcined herring, which are free, to swim iiiNiiliilif|
seini.', aud are dipjied out alive. The netted herring will not sell in the New Yurk|
market, while the seined herring preserve their bright appearance and sell raimllv.
(Signed) CIIARLKS DACM],

MaaUr of Schooner JJ::iv unit S'tinm.
EsSBX, «s;

Glouckstku, February 11», W,i

Personally ajipeared Charles Dagle. masterof schooner Lizzie and Namari, who sab. |
scribed and made oath to the foregoing stutemeut.
Bofore me. •

(Signed) , ADDISON CENTIIK,

' '^ Justice of lite "■\m.

'■ • (ISi.)

DeposittoH of H'illiam II. McDonald.

Glouckstki!, Ffbritarii 11), Wi
I, William H. McDonald, masterof the American schooner u'illiam E. ,M( Doualii.ofl
Gloucester, do on oath deiio.so and say :

That I liave juet returned from Newfoundland, where I have been for a load cflier-l
rinj<. I was at Long Harbour, Nowfoundlaiid, when the seines of the schooiic'sNeii
England and Ontario were ih^stroyed. I had gone on shore and w.-tvt on the lii'ailuil
the tim<\ The Newlonndlaiiders were iniicli exciti'd because of our use of tlii' liiri,ij
seines, which for the lirst time were used last winter there. The Xewfoiiiidlaiul I
erinen had siiiiic largo rocks otf the beach in order to catch the seine i and tear tlitm,!
and had luit '<.'ir gill-nets where they would obstruct the use of tho .seines, 'flies*!
means ♦'..ilinir, .,- the herring were close inshore, they took to jiersonal violeiici', audi
destiuyed cie jIuo com]iletoly, and made the others take them ui> and ielc'iisi'll)«|
tisli. I had a ■ „Mne, hut was not allowed to u.so it. The nets they placed in tliiiwajl
and kept there only for the jmrpose of obstructing onr operations with seines, us tiifjl
took no herring there, but let the nets remain till they rotted. I can fully eiiil(iisollit|
statement of Cajitaiu Dagle in all particulars. My vessel is a lirst-chiBs vessii
with the time and expense, and with the loss of herring, I have sustained u ksnil
fully .'>,OflO dollars to myself and owners, and I claim that, under the Treaty of \V;ijIi-|
ington, I have a right to the herring fisheries and claim indemnity for tiiis severe Id*!
(Signed) WILLIAM H. MCDONALD, '

Essex, «« :

Personally appeared William H. McDonald and subscribed and made oatlitolli»|
above statement.
Before rae.

(Signed) AARON PARSONS,

Juatict of the /'?««■

IIIHRMEN.

ALLEGED OIJTKAOE l.FON AMEUICAN FI8UEKMEN.

225

>ir iiutM, wliicli uri'^i
jiminry, Irt'-*, tliobf
ImsK'viiiK our poopl,
"tf*. Oil tlif Aiiitriui»l
I liHlicniu'ii lliiiatfi^l

'■H Cull lit' lnTri||;,M||,l

I (Icsti'oyt'il tlii'Hcins,!
I iiiiiaiit.s (if llii'Ki'indl
«a,v of my niiii u]mt^\
iK'tl wiilioiii n iicrnntl
iiiiy;I(iii I rnilv, I ciiuiiij
ivc loaded. Tli,. \et.[
hIiiiII not tiikc licrrinil
i)«ri<)r in fvciy rciifiil
til tlu'in. ThrHKM'luiil
lO and ar» Mctiinir iA
DOIiiirrolN. T'lc M^inetl
iMivti lor tho ),'i'iifi;i;iij[
««iiu's only (liiriii;;ilifl
1-, und thiiis iiiaki' ikA

i;;lit8 umlcr tlioWaskl
,'. Tho iieltt'd licrrinji
I turn roil iVoni siiiroti.!
t'ri'O. to Nwiiii iiisidialirl
Midi in tlio New Yiirk|
nco and Hidl rivpidlv.
lHLKS DAlil-K,
•;• lAzziv and Xamari.

:u, Fehruari/ ID, 18;«,
i and Naniaii, wlinsnb-l

ISON CENTKR,

Jiisticf of llie. "■Met.

Fehrnary 10, iPT
liuu) E. McDouald.ofi

)«'(!n I'or a loiulcfiiet-l

)(' tlU! HChodlll'.'.S Ni!t]

wiiN on the ImmcIuiI

our use of the lati,t|

Xewfoiindlaiiil tisli-j

Ni^ino ( and tear tliful

f t lio seincH. 'fhesel

x'l.sonal violi'iii'i', undl

m nj) and loli'iise tbel

bey placed in tliuwajl

s with seines, astliffj

can fully fiidorso lilt I

lirHt-ulass vi'ssri, Mdj

vo Bustfiiued a IossdII

the Treaty of \\M

_ity for this severe lial

M II. Mcdonald, *

and made oath tothll

>f PARSONS,
ustict of the Peaa-

(13.)

IhjHmUiuu of Jamw McDonald.

Olouckhtkk, February IK, 1«78.
1 .liiiiicM MiDonald, iiiuHter of tbo American Hchooner F. A. Umith, of (ilouccHter, do
liiittli il*'P'>He and nay :

riiat till' niihI Hchooiier was ( luirtore<l by (Jetirge VV. I'lumerand otJiers, of (iloiirtis-
loi 11 voyajje to Newfoiiii<lliui(l for lierrin({- I Mailed from UloiineHter on tho !/l)ili
loviiiilit!!, if^JT, and arrived at Long llurlmnr, Newfoundland, on or about, tlie L'itli
UlcuiIhii'. W7' I carried a larj^e purse seiiie, siicb nn \:\ used to take mackerel, Tho
(iiio willtiike 4,000 barrelnof dub. i employed Nowfoundland lisbermcM to operate
Hi'iiio. 1 sef my seiii*' twice, but without catchinj; anything, as my wdne waH torn
ro( kH tliiit had been loil olf tlie beach. On the Otb January the herring made their
)|H,iruiit:n ill great numbers, and the opportunity t<»tak(i a h»rge haul was improved
y my iiifii, an<l we 'ook at le it 1,000 barrolH, enough U. load my veHHcl and one other.
lie NcwfoiiiKlland (isberin n cauio ofV in their boatH and toUl iifc to take my Heine up,
Ihoy would take it up for me, aud that they would cut it up. There were about
I iiii'u engaged in this violence, and my own crew consiHting of «ix men i eouhl not
iisi, lint wa.s ohli<;ed to take up my seine. I »awtbe»eiiieM of the Hchoouera New Eiig-
II (I mill Ontario deHtroyed, and knew that mine altto would be destroyed if I did not
ki' it lip. My Moiue was not attached to tne Hhoro when they came otV, aud the attack
J iiiit WAX made in boatH. After dcHtroying theutbr^r Heines they all mtule for me, aud
.V iiuly mifety was to gather <.ip my Heine. I lout all my tinb, and the Newfoundlnnd
'sbfriiinn iiiit all tlie obHtructions tboy could in tho way to prevent the use of our
liifn al'itn 'hat. From my knowledge of the facth I do Hay that the Newfoundland
IkLimiiii'ii an- determined to prevent American llshermen from using tboHhore linhorieH.
(ijii.sidi r that the Iomh ta the vesHcl and the charter party at not lew) than r),000 dol-
ls, mill under tho Treaty of WaHhington I have been deprived of my rightfl aH an
.iiKMliaa citizen, and full indemnity Bliould be allowed for the outrage. 1 have read
iiii' stiiteiiicnt of Captain Daglo, and know it to be true iu all its particularM. The
illtct of this treatment will be to doHtroy the American litthing for herring at New-
iiillaiiil. There are annually about 100 voyages by American vohhqIh made for her-
ii;; to Newfoundland. The Newfoundla'.d iiahermuu were taking herring on the uaiue
IV tliii oatrages before stated occurred.
' (Signed) * JAMES McDONALD.

Gloucester, February 20, 1878.

rcrHoiially appeared the above-named James McDonald, master of the schooner F.
, Smith, who subscribed and made oath that tho foregoing statement is true.
Before 1110.

(Signed) ADDISON CENTER,

Justice yf the Peace.
(14.)

Deposition of Charles H. Nute.

Gloucester, February 11>, 1878.

I, Charles IT. Nute, master of tho American schooner Edward E. Webster, of Glou-
|e.ster, ilo on oath depose and say : •

■ That 1 have Just returned from Newfoundland where I Itave been for a load of-her-
jinu. J went for tho purpose of co-operating with other Ameriean vessels in the use
|l tlu ii koines in taking herring. 1 was at Long Harbour, and saw the destruction of
'«'ii)i'H of the American Hclioonors New England and Ontario. 1 have seen tho
jtateiiu'fii ofCajitain l*agle, of the American schooner Liz/io and Namari, and siib-
liiili' all l;e has stateii. I have returned witho'.it a herring for the same reasons.
Uvii^tiial liiNS in time of vessel and crow, with herring I should have bought had I
kiit been provcnied by the inhabitants of Newfoundland, is fully f>,( ;)0 dollars; and,
rviiij{ti' being dejirived of my rights uniler tho Washington treaty, 1 hereby olaim that
Iniminl as indemnity for the wrong done me and the owners of tlie vessel.
(Sighed) CHARLES II. NUTE,

Master Schooner Edward B. Webster,

Gloucester, February 20, 1878.

'• Personally appeared Charles H. Nute, master of schooner Edward E. Webster, who
tibscribed and made oath that the foregoing statement is true.
Before me.

(Signed) ADDISON CENTER,

Justice of the Peace. ■
S. Ex. 113 15

226

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

(15.)
Deposition of David Malamon.

Gloucestkk, February ao, l«i

I, David Malausoii, master of the American schooner Croat of the Wave, of G!»|
coster, Massachusetts, do on oath depose and say :

That I sailed from Gloucester on the 8th Deceml)er, 1877, on a voyage to Nowfom^,!
laud for herring. I arrived at Long Harbour, Newfoundland, on the *M Dcccmw!
1»77. I was interested in a seine carried by the schooners New England and Oiitariil
I was at Long Harbour op the 6th January, 1878, and was on the beach whuii tbeXeJ
foundlanci fishermen destroyed the seine belong to these vessels. The herriiijrdjiii^l
strike inshore until that day, and as it is very uncertain how long they will rcinaul
it is imperative, for successful prosecution of the business, to take thom'wbin tbeyi
inshore. By means of our large purse seines we can inclose the herring and kecptheJ
alive a month, if necessary, as we need to have freezing weather when we tiikolh
out to freeze them, (o keep them fresh until we get them to market. On thisoctj
sion the herrinf^ were entirely inshore of the Newfoundland gill-nets, and as tiie mfiS
proved, if we did not take them then and there we should lose the season catch, tJ
seines were set in no way interfering or injuring the gill-net fishing, and incloscda
held certainly 2,000 barrels of herring, enough to load four vessels. Over M m
came down to the beach, seized the seine, let out the fish, pulled the seine on Klioitl
tearing and cutting it to pieces with knives. The crews operating the seines «ej
powerless against so many ; and after they had destroyed thisseido they went fori
other Ameiican peines, shouting and gesticulating, saying: "Tear up the dama
American seines." All of^the vessels would have been loaded with herring if t
Americans could have used their seines.

My loss by this outrage is not less than 5,000 dollars, which has hcv.u taken irnm n
despite the provisions of the Washington treaty, and which I claim as indcinnity,

The Newfoundland tis-hermon have for yeara been in the habit of scUinfr ii]jti,
herring to American vessels. I have been there eight years, and I have always boiM
my herring, or engaged the Newfoundlanders to take them .for me, payinjjtlieiai:
cash. This has been the universal practice of American vesbols. This year we tiJ
ried the large mackerel seines, which we use in summer for taking mackerel, TJia
seines will take from 2,000 tc 5,000 barrels at a haul, and the herring are better taW
in this way. As most of the Newfoundlanders fish with gill-nets, our miunier of wij]
ing would take away f rim them the monopoly of the herring tradu, and hence lii
fetiiing which produced the outrage on our vessels. It is apparent that theyv
obstruct any American fishery on their shores, and are not men who would know imidl
about rights or privileges under a treaty. I should say that there arc at least Ifl
cargoes of herring taken from Newfoundland yearly by American vessels, and asthiai
are now it would be useless for American vessels to go there for herring uiilesstbi
bought the herring from the inhabitants at whatever i-ricj they may see fit to mi
This American trade has been a great benefit to Newfoundland, and the chanj;eiiillir
manner of taking herring will greatly reduce the amount of money paid tiieuil
luM-ring. Only three ves.sols of eighteen that were there got any herring wliatcTuI
Captain Jacobs, of the Moses Adams, held his seine with revol t^ers, and, IxMn^; a iiatiTi
of Newfoundland, was allowed to take in the herring he had taken, 'i'iie leiiiiij,' m
very intense and bittter against the Amorican.s. Tne Newfoundland (isliernieu ivtnj
catching and taking herring with their nets and boats on the same day.

•(Signed) DAVID MALANSON,

Master Schooner Crest of the }im. |

Essex, «» ;

Personally apmared before me David Malanson, and subscribed and niadooathH
the above statoniunt.

(Signed) • AAKON rAK.SON.S,"

Justice of the I'cm.
(l(i)

Deposition of Edward Slapleton.

Glovckstkr, February 21, \b1i

I, Edward Stapleton, master of the American schooner Horeward. of filomesW
do, on oath, depose and say :

That I have Jnst arrived from Newfoundland, where I have been for a iv)adofb
ring. I was at Long Ilarbonr, NewCoundland, when theN(nvfoiindtand lislieniionil
stroyed the seines cftll(^ American schooners New England mid Ontario, mid .<a«lbj
whole transactiv^q. I carried a seitie with me^ and employed N^nvfuundland iisliemi

3HERMEN.

ALLEG'="D OUTRAGE UPON AMERICAN FISHERMEN.

227

rKK, February iiO, Iffj
t of tbo Wave, of G!(»|

1 a voyago to No\vl'uuii<,l
1, on tlio 2'.k\ Dcccmlnl
iw England and Oiitarjl
the beach when tbeXttJ
;l8. The herring did ^
f long they will rcniaij
take them whiui thej a
le herring and kecptheil
thor when we takctlia
( market. On tliisocct
ill-nets, and iis the sf(| J
e the seasoii ciitcli. Tit
tishing, aud incldscilaiii
• vessels. Over M luej
uUed the seine on slion,!
)eratiug the seines wetf
18 seirJo they went for il«
: : "Tear up the (liiiiiut
aded with herring if lit

1 has been taken frniii i
I claim UH indcnniity. I
3 habit of sellini; iiJlthi
Hid I have always lioii^
. ior me, paying tliei„;3
isbols. This year we cuj
taking mackerel. Thu
5 herring are bettor takti
inets, our manner of stii]
ing trac!"'., and hence ibi
apparent that theyifi^
_ who would know mud
lit there are at least 1
an vessels, andastbins
for herring unless tkj
they may see lit tii m\
, and tiie cliaiijstMiitbi
of money paid tiiemfJ
any herring wliatcwl
/era, aud,l)(!in(;aii;st.vj
[lUen. Tim ti!i'iiii;,MV!i
undluiid (iKiieniieii m

Hiuiw <lay.
rw MALANSUN,
lur Crest of the Wan.

cribed and i))adooath!|

MION TAliSONS;
Justice of the l'cm%

KR, Fcbruarji '21, b*''.
;oreward, of Glomc.!«

biHMi for a load of ha
fmindliiud fislicriiienil
id Ontario, and sawlbl
'J/Mvfouudl(indlislieriii<<

Ito onorato it for mo. The first time they set it for me they put it out in a strong tide-
Inav and utterly destroyed it, and after that I had to depend on tho oth^r American
iBi'iues. This was tho understanding umo ig tho American captains, that we were to
Iworic tosiother aud load all our vessels. The setting ot tho seines on tho Gth January
Idiil not Interfere in any way with their nets or lishing. 1 think there is a local regu-
lliitloa that does not allow the Newfoundland fishermen to lish on Sundays; but the
Ilirst some (;i small one) sot on that day was ono owned and operated by the natives,
liimltbey were picking their nets and boating tlieir herring ashore all day. On tho
lurrival of the American deet tho Newfoundlanders \mt, their i>ets where they vvouUl

obstruct our sailing, but on this day tho herring wore away insido of their nets, giv-
Jii>' 119 tho first chance and only opportunity wo had to seine or get herring. Enough
Wio taken, and could have been taken, that daj to iiavo loaded the Jeet. After that
Idav tboro was no oppor'^unity to take any. NewfoundlaLul nets were placed where
Itkt'iiDvcr took a lish, and placed only for tho purpose of preventing our seining.

ijlv iossto vessel and owners is not lass than 5,00U dollars, and I claim indemnity to

fliat amount. This lo«8 is owing entirely to the hostile acts of tho Newfoundland

ffisiiermen.

E. STAPLETON,
(17.)

Deposition of Ciinrles Dagle.

Gloucester, December 10, 1878.

I, Charles Daglo, master of tho American schooner Lizzio and Namari, of Rockport,
district of Gloucester, do, on oath, depose and say, that I know Mr. Bolt, who resided
111 abut or shanty near Tickle Beach, Newfoundland ; that I w.is there on tho Hth Jaii-
i;uy, 1816, and saw tho hostile acts of tho British lishermen. Mr. Bolt's hut is about

ill yards back from the beach. I have been to Newfoundlaud fourteen successive

feiiis, and never heard of any persons claiming any rights on the beach, everybody
Jsiii;,' it ill common. The three huts there are in the nature of squatter property, used
July ill tue wi'iter. Mr. Bolt nevei made any claim that I knew of; and tho Ameri-

aii seiiios were not used within IlOO yards of Bolt's place, except where the seines
jfero hauled on the beach by British lishermen and destroyed. Tho seines that were
|bli;'ed to 1)0 taken up were 500 yards or more from Bolt's place. The seino of the V,

.Smith. Captain McDonald, was one-fourth of a mile away. Mr. Hickey, a resi-
leiit of Fortime Bay, had his seine nearest to Bolt's house. Mr. llickcy's seina was
lie first seine set on the Gth January, 1878, and the British lishermen attacked him as
IrdI as the Americans.

(Signed^ • CHARLES DAGLE.

jiASSACIIUSETTS, ESSEX, 88 :

Gloucesteu, D'cevihcr liJ, 1878.
I Personally appeared Charles Dagle and made oath to the truth of the above atate-

ilellt.

I Before mo.

[[SEAL.] AARON PARSONS,

Notary Publio,
(18.)

DeposilioT if Willard G. Poole.

Gloucester, December 10, 1878.

I I, Willard G. Poole, master of the American schooner Maud andEffle, of Gloucester,
Dimoalh depose an<l say that I know Mr. Bolt, and also the location of his hut at

idle IJoach, Newfoundland ; that I w as there on tho (ith January, 1878, and saw and
pwof the operations of the American seines; that the hut oi Mr. Bolt is fully ir)0
itiis back from high-water mark from the beach ; that I never heard or knew of any
fcliviJiial or body of men claiming any peculiar or particular rights on this beach,
|r w.is any one ever hindered from fishing^ except on the occasion of tho 6tb January,
Si^tniuy knowledge. There was no seine used by tho Americans at any time on
•jlwachor within 400 yauuof Mr. Bolt's hut, except tho seines captured by the
Vtinh iishoriuen, which were hauled on to tho beach by them ( tho British fishermen ),
111 cut to jiieces aud destroyed.

(Signed) WILLARD G. POOLE.

ISEX, 8» .•

Gloucester, December 11, 1878.
IPersouuUy appeared before me the within-uamed Willard G, Poole, who subscribed
^tl inado oath that tho within statement is true,

(Signed) ADDISON CENTER,

Justice of tks rea(}9.

228

ALLEGED OUTRAGE UPON AMERICAN FISUERMEN.

(19-)

Deposition of Michael It. Murray.

1, Michael II. Murray, luastor of th« Aiiierican Hcliooiicr Mary M., of (ilouctstn.^
Oil oath (loi)o.so aiitl way that I know Matthew Bolt, at Tiiklo IJeaeli, Nowl'omKllaini^l
have known liini to liavc a shanty there, antl lives there winters, for t lie past lunil
years. I never iieanl or ktiew of Mr. ISolt, or any other [kmsihi, ehiiniinfj; any \\m\\^jL
or particular rij^hts on this beach, nor oxercisinH; any authority there, exc'cjit ibi'K.I
tion of the mob on theGth January, 1878. Mr. bolt's shanty is about l.")0 yards lt«J
liigh-water nnirk. The American seines were operated more than 400 feet and dud
bouih aloii"^ the beach from Bolt's hut.

(Si{,Mie<l) MICHAEL B. MUURAV. I

MASSACHL'SKTTS,

EsHex, »a:

Sworn to this '23(1 day of December, A. D. 1878.
Before me.

Gloucestku, December 2:1, M,

[L. 8.]

AARON PARSONS, Notu-ij Pobk

(20.)

Deposition of lilicliavl 11, Murray. ,

I, Michael B. Murray, of Gloucester, master of tlio American schooner MaryJL,
hereby on oath depose and say that I have invariably made good voyajjet, to Keil
foinuliand, and, with the exception of lt;7(i, have made a clear profit, over ami al«nf
all exjienses, of at least ;5|500 dollars for each v<)yaye.

I.i the year 1875 I made r>,:iOO dollars, clear of all expense, on my voyage to NewfounJ
land for herring. In 1874 I made ."jiSbOO dollars, clear of )il c; le.

In the year 187G I had a cargo of 1,445 barrels of aaK ; l lie .^, was verylate^
the season, and cleared only 2,000 dollars.

(Signed) ' MICHAEL B. MIJKKAY.I

Massachusetts,

Essex, ss; . ' ^

Gloucestku, Dvccmher 2:], b'i

Personally appeared M. B. Murray, and made oath to the truth of the above «:«
ment.
Before me.
[SEAL.] AARON PARSONS, A'o'ari/ PiiHit,|

(21.)
Deposition of Peter Smith.

Gloucester, Fehruaryo^W]
I, Peter Smith, of Glonocstor, master of the Ainerican schooner Charles C. Wai
of Gloucester, do on oath depose and say that I was at Tickle Beach, Fortune
Newfoundland, on the Gth .January, 1878; that I had been to Labrador, fin. i tin
to Bay of Islands, and thence to Fortune Bay for a load of herring. O'
of the 6th January, 1878, hc^rring made their aiijiearaiice in close pr- i'
shore in groat abundance. I was provided with two seines with wliii >
ring, andshou'd have loaded my vessel uudoth'n'a.ni thattl.;y. I ha ii; '
boat, and was preparing to use it when the attack was made on the oyh.i
seines, and I saw them destroyed, and I found that the mob of 200 or :iU() of I
tishermeu were determined to destroy every seine, and I did not dare ])iil iiiy seine
the water. After this time I bouglitof the British lishcriiieii al)oiit 400 biiiivlsoll"
ring, i»aying I dol. 40 c. per barrel. My vessel would carry 1,:500 barrels, all i)f »'
I coukl liave taken on the (itli .January at little or no cost to myself. 1 Wii.saln"
fortnight buying 400 barrels of herring. I considi r that my loss was iit li;ast;lii
dollars, in addition to the expense of the voyage, by the houtile acts of tlmlifi'
lishermen.

(Signed) .^ PETER mi

State of Massachusetts,

Essex, ss:

Gloucester, Dwember '4, B

Personally appeared Peter Smith, and made oatl. to the truth of tii i above
mentsigneii by liim.
Before me.
[L. 8.] AARON PARSONS.

iv.onn

illEKHKN.

ALLEGED OUTRAGE ITPON AMERICAN FISHERMEN.

229

y M., of tiloiU!CSli|,il|,l

iJciicii, Ncwfomitllaiiill
itt'i's, lor tlio pastluutl
cliiiming!iu,viiei;nliB|
y tlu;re, except lkn(.|
9 about l.'iU yards t
t Imn 400 I'fct and dgtl

lAEL B. MUUKAl,

;b, Decembtr 2:t, lt;*8,
SONS, JVokrvPnilitj

n scbooiier Mary M., 4
1 {jfood \oya|j;('t. tn Neil
r iii'olit, over amlalioir

my voyaj;c to Newfoaoi

, " ■..It).

,, was very late i^

IHAEL B. MUUMli

ER, Dvcember 23, ISil
rath of the above »t«

iSONS, Notary PMk]

TKU, Fcbruaru 5, 1S6,|
jiior Charles C. Wamf
h» Beach, Fortune liJ
Labrador, fro. i tlici

1-1 11 -r. O- , l'""llil

closi! I>r
with whit
I ba ii;;

on tbo otli.:c "i
200 or ;$oo of t . '
lotdaroimt iiiyseiMJ
il)oiit '100 bavrolsotll
:J00 barrels, nil of »lii
Miiysi'lf. lwa.t«W|
y loss was at Iwist.i,!
"iBtiloaotsof tlwM

PETEK mn

'KR, December ^i,\^i
ruth of til) above «H|

aiON PARS0N8,

(22.)

Official stalettient of Newfoundland herring fishery,

I I lit/, J. Babsoii, collector of customs for the district of Gloucester, do certify that
fclif !|i)llowiiij!-iiaiucd scihoonors were employed in the Newfouudland herring fishery

Viriii" sea.sDii of 187V and 1878 :

IchMucrs. Tom.

BerlieitM. Kojrers 78

oM's .\(lani.s 100

,hnW. Bray 83

SWilnlin lOU

tilwiudi:. Webster 99

riiwanl 90

Blinker 11,11 101

LuiKlst'cr 99

>:i,i,'Kidi 92

Diiiiiiiii 91

jicw Eiif^laiul 81i

['rank A. Smith 77

Vm. E. SliicDouald .^. 98

[iin Castle 89

Bonanza 137

icnuit'A. Stubbs 198

link and Naiiiari .*. 94

Prest (if the Wave 71

post's KiiDW I ton Ill

liaiiilinid KIlie 85

•■•(1, 1-. Fve 85

HaivM...'. 102

»nll{. Wetberell 108

iDQ nil 75

I'liai'.e.s C. Warren 109

I'loplion 8o

Total 26 vessels.

Vessels employed during season of 1878 and 1879 in Newfoundland fisheries.

IcIiMiicrfl. ToiM.

dlmij. McQuinn 83

falcon 72

Rw England 86

liililir 83

Si'iiaiirp 109

fcnnkorHill 101

kiac Ricli 92

Ifutonnial " 116

Total 8 vessels.

i WitncsH my hand and seal this 10th dav of January, A. D. 1879.

[[SEAL.] ■ F. J. BABSON, Co??ec^or.

APPENDIX B.

(1.)
Anno Vicesimo-Quinto VictoiujE Regin.£.

Iap.II.— ,(n act for the protection of the herring and salmon fisheries on the
\mst of (Ilia island, and for other purposes. [Passed, March 27, 1862.]
I •

IWhorpas tlio breed and fry of bi-rriiiffs frequentiiijr the coast of tliis Proamble.

Tamland the, Labrador a-e often found to be jjreatly injured and de-

"^.Vi'illiy til! n.-^infj; of seines and nets of too small size or mesh, and

otlur unwarrantable pra(^ti(!<'s ; and whereas <'(>iiiplaints liave lieen

■'TO'd t'l the loeal gi.von>iiienl of ali'^;;,'ed dt-predations committed

' !>' Iisaeriiien I'reciuentiiig those coasts upon each other ; for remedy

IllU'of.

230

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

1 fl 1?

X r ■ p

11

I Smfi

IvllP

1

Be it tlioreforo enacted, by the governor, legislative council, amlj
senibly, in session convened :
Ilorring not to I. That no person shall haul, catch, or take herrings in any seino.o
betaken in Beiiies or near any part of the coast of this island, or of its depeudciicicHonil
ber" uutii mh coast of Lai rador, or in any of the bays, harbours, or any other [ilm,
April. therein, at any time between the 20th day of October and the I'^tlidajl

of April in any year ; and no person shall, on or near the coast of tL
island or of its dependencies aforesaid on the coast of Labrador, or in aJ
of the bays, harbours, or other places therein, at any time, use » hiini
or other contrivance for the catching and taking of herrings, extept lii
ProviRo as to way of shooting, and forthwith tucking and hauliug the same; Pn
the use of note, vided that nothing herein contained shall prevent the taking ot'lierrinij
by nets set in the usual and customary manner, and not used for n
barring or inclosing herrings in any cove, inlet, or other place.
Nets of 2 3-8 IT. No person shall, at any time between the SJOth day of Deceml*
inrb scale to bo and the Ist day of April in any year, haul, catch, or take any lierrinj
"om' D°™inb'r*'" ^^ "^°''" *''*' coast of this island or of its dependencies aforesaid oi
until tlu) l8t til® Labrador, or in any of the bays, harbours, or any other iilad
Aiiril. therein, in any not having the meshes, mokes, or scales of less than tiJ

inches and three-eighths of an inch, at least, from knot to knot, o. liaTl
Ko"ulatiou as '"S ^^Y fii'so or double bottom of any description ; nor shall auy pen
to ir«t8 witb P'lt *i"y "^t) though of legal size of mesh, upon or behind aiiyotli(|
tlonbie bottom, net not of such size of mesh, for the purpose of catching or takingtU
&c- fry of sncli herring passing through auy single net of two inches aoj

three-eighths of an inch mesh or scale.
- )per8onHball III. No person shall willfully remove, destroy, or injure anylawfj
Interfere with the net or seine, the property of another, set or floating on or near thecoma
nets of others. ^j this island or of its dependencies aforesaid on the Labrador, or i|
anj' of the bays, harbours, or other places therein, nor remove, lot id
or take any fish from or out of any such lawful net or seine.
Herrin? not to IV. No persoj shall, at any time, between the 20fh day of April an!
liRtakr J from tho t|,o JiOth day of October, haul, catch, or take any herring or other liii

?l'"'o,^f'A' !)}}.. for «ixi)ortation within one mile of any settlement situate on thatiiaj
till) 201 o October ~ .■, ' » , i. rt /.i i, in- i. « 1

between Capo of the coast between Cape Chapeau Kongt and Point Rosey. |

(;iin|)eun Roii^je

.and I'oint Kosey.
Ponalty for
violation of this
avt.

alty.

V. Any person who shall violate any of the provisionsof thisaetsld
for every offense forfeit a sum not exceeding ten pounds; and, in ail
tion, all sienes, nets, and other contrivances used or employed iu, almal
or preparatory to the catching, hauling, taking, or iv barrinj; of a/
herrings, iu violation of auy of the provisionj hereof, shall belialtlcj
forfeiture, and the same may be seized at once by any justice, subw
lector of customs, preventive ofBcer, or constable, on view or by vitt^
of a warrant issueil by such justice, sub-collector, or preventive offi«
on oath to be administered by any of them, and detained until thetril
' ' of the offender, when they may be declared forfeited and ordered tolf

sold at public auction.
Prohibition for yi. And whereas an act was passed iu the twenty-third year oft
nets^at" co'itnin •"•^'S'^ of Her present Majesty, entitled "An act for the protection of tl
times, and salmon fishery, and forother purposes," whereby certain nets and seii
aca'nst erecting were forbidden to be used, and certain weirs and other erections
weirs, and iw^n- contrivances we. o prohibited from being erected at certain times
under certain circumstances, iu the said act declared:

Be itfurtli'cr enuute.l, That it shall be lawful for any justice, subci
lector, preventive oflScer, or constable aforesaid, on view, and forai
constable or other person by virtue of a warrant to be issued aaafoi
said, to seize any r.oc or seine, and to destroy any weir or other erectii
or contrivance used or erected in contravention of the said recited
and all ench nets and seines shall bo forfeited and disposed of in mam
provided by the Vth section of this act.
of re- VII. All forfeitures and penalties imposed by this or the said retil
penal- act shall be recovered with cosjts, in a summary manner, before
fault term of J"^*'*'"*' *'* ^'^^ peace, for which purpose such justice shall have full pc
imprisonment, to summon or arrest tho offender, and to compel all witnesses, eithetl
summons or warrant, to appear before him on such trial ; and upon
viction of such offender, such justice shall issue his warrant to cai
such seines, nets, or other contrivances so illegally tised, to be sold
public auction, or, where permitted underthe preceding section oft!
act, destroyed ; and in default of payment of sneh penalty as may
imposed, and costs, by the party convicted, such justice shall issue'

Manner
covering
ties, aud in de

RMEN.

ive council, and a

igs ill any seino.ru]
lepeii(li'!icit'8(ii)ik
or any otlicr pliuiL
Br and tlie Vi{\\i^
lar t lie coast of i.
Labrador, or in atl
iiy tiini', usonBeim
lierrings, except 1
iug the Haiiie: I'l.
10 taking of licrriii|!(
md not used fori
other place,
til day of Deceml*
)r take any licrriJ
ilencieH aforesaid oi
)r any other plaw
[lies of le.sH tbanUi
:not to knot, 0. hail
nor Hball any pen
or behind anyotli^
tchiug or taking tbi
it of two inches aoj

or injure any lawfij
on or neartlieconi
the Labrador, (ir i|
nor reinovi', let hm
t or seine.
Oth day of April ad
herring or otlier lial
j situate on tliat|iai|
lint Roscy.

sionsof tliisactslm
ihIh ; and, in ail<l
employed in, abouj
or in barriny; of i
of, shall bo liable^
any justice, huIk
on view or by virt^
or ]>reveiitive otiice
lined until thetiil
ed and ordered tol

.ty-third year of tl
the protection of tij
Mlaiu nets and s
other erections a
at certain times a
red :
any justice, snlicfl
[)n view, and fora
,0 bo issued as afoJ
reir or other ei-ecti^
the said recited a
isposed of in maniij

is or the said reciM
' manner, before al
shall have full pon
1 witnesses, eithcti
trial; and upon cf*
liis warrant to caij
ly used, to be soldi
cding section of tl
ih penalty as niayl
ustico shall issue!

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

231

karrantto any constable or other person to arrest and imprison such
loiivicted offender for a period not exceeding twenty days.
! Vlll. All penalties and forfeitures under this or the said rcciteA act,
indall proceeds thereof, when recovered, shall be paid to the pt>.rty iu-
bnning against and prosecuting such offender to conviction.
fix. ^'o conviction or proceeding by any justice or ot>>°r otficer under
i act shall bo quashed or set aside for want of lorm, so long as the
km shall be substantially in accordance with t?"8 true intent and
leaning of this act.

IX. Provided always, That nothing in this act contained shall in any
lay affect or interfere with the rights and privileges granted by treaty
Vhe subjects or citizens of any state oi power in amity with Her Ma-

fxi, The ninth section of the said recited "act for the protection of
lie salmon fishery" is hereby repealed.

(2.)

D 1 8 p o R a I of
poniiltiesandfiir-
t'uiturua.

Convictions not
to bequOHlinil lor
want' uf t'urni, Stc,

This net not to
Interfovo with
rights protectcil
by treaty.

Ninth Roction
of the Siklnion
Fishery Act re-
poalud.

Title XXVIL— Consolidated Statutes of Newfoundland, 1872.
Cap. CII.— .0/ the Coast Finheriea.

irtlOD.

jHerrinir not to hecanplit between 20th October

I ami 12th April. .Seine, how to be used.

iTime for use of and size of net.

Ilnjuries to nets and seines.

lUemng not to bo hauled for bait botweou 20th

I Ajiril and 20th October.

ISjwriu); or sweeping with nets and seines for

I lulmon above tidal waterH unlawful.

•Rtake, seine, or weir unlawful.

lUill (lams and other obstructions.

|)ImIi of salmon net.

|S.iliuuu bou!;ht or sold in close time forfeited.

Section.

10. Distiince between salmon nets.

11. Time for taking salmon.
13. Penalties.

13. Weir, &c., erecti^d contrary to law may bo

destroyed.

14. Forfeitures and penalties, how recovered,
l!). Appropriation of same.

16. Convictions not to bo quashe.d for want of

form.

17. Governor may appoint superintendent of iisli.

ery and fishery wardens.

18. Reservation of treaty rights.

It, No person shall haul, catch, or take herrings by, or in, a seine or otlier siieli eon-
Ivance on or near any Dart of the coast of this colony or of its dependencies, or in
jy of the bays, harbours, or other places therein, at any time between the 'iOth day
lOctoher and the I'ith day of April in any year, or at any time use a seine or other
■ilrivancc for the catcliing and taking of herrings, except by way of shooting and
itbwitli hauling the same: Provided that nothing herein contained shall prevent
!takinj{ of herrings by jiets set in the usual and customary manner, and not used
|inl)iiiring or inclosing herrings in a cove, inlet, or other iilace.
fc. No person shall, at any time between the SJOtli day of December and the Ist day
JApril in any year, use any net to haul, catch, or take herrings on or nearthocoasts
|thi8 colony or of its dependencies, or in any bays, harbours, or other places therein,
iriug the nioksf), mu.'jhes, or scales of such not les.! than two inches and three-eighths
|aD inch at least, or having any fakso ordouble bottom of any description ; nor shall
jpfrson put any net, though of legal size mesh, njion or behind any other not not
laiicb size mesh, for the purpose of catching or taking such herring or herring fry
Sing a single net of legal size mesh.

'. Nopersou shall wilfully remove, destroy, or injure any lawful net or seine, the
kperty of another, set or tloating on or near the coast of this colony or its dependen-
8, or any of the bays, harbours, or other places therein, or remove, let loose, or take
J iish from su(!h seine or net.

I. No person shall, between the 20th day of April and the 20th day of October in
Vvear, haul, catch, or take herrings or other bait for exportation, within one mile,
bured by the shore or across the water, of any settlement situate between Cape
bean Rouge ami Point Enragee, uear Cape Ray ; and any person so hauling, cateli-
ii or taking, within the said limits, maybe examined on oath by a justice, olTicerof
poms, or person commissioned for the purpose, as to whether the herrings or other
jtare intended for exportation or otherwise, and on refusal to answer or answering
My, finch person shall, on conviction, be subject to the provisions of the twelfth
wnof'bis chapter.

' Noperhon shall, by spearing or sweeping with nets or seines, take or attempt to
»any saliion, grilse, par, or trout, in any bay, river, stream, cove, or watercourse,
N where ':he tide usually rises and falls. Or in any pond or Jake.
|N"st,ike, seino, weir, or other contrivan(^o for taking saltiion, except nets set or
WacroRH, ahull bo set or placed in any river, stream, cove, laki», or watercourse.
M shall e cteiid more than one-third of the distance in a straight lino across, and
nets shall be set only on one side of such river, stream, cove, lake, or watercourse.

232

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

-ill"

U I

7. No person shall coiiHtnicfc any mill-dam, weir, ruck, frame, train-j^ato, or otleil
erection or ))arrii!r in or across any river, stream, cove, lake, or watercourse, HoamJ
obstruct tbo free passage of salmon, grilse, par, trout, or other (ish resortiii;,' thfrti,!
for the purpose of spawuiug; and all mill-'lanis or other erections pUjed <)ii,(ivn,|j
across any watercourse, river, or stream, re8ori.ed to by fish for the purpose of 8p;niii|
ing, shall have a waste-gate opening, or slope sufficient to constitute a proner ami suftJ
oient fish way, which shall be kept iu repair by the owner. No person shall fjemiiil
any sawdust or mill rubbish to be cast into any inch river, stream, cove, lakt^l
watercourse.

8. No person shall use any net for taking salmon, the mokes, mcshoa, or scales c
whicli are less than four inches ami a half inch.

i). No person shall buy or sell or have in his possession salmon, knowing tliesawl
to have lieen taken contrary to the provisions of this clmpter, and every Hdliiion idl
taken, bought, or sold sliall be declared forfeited to the complainant by any justittl

10. No net siiall bo moored or set in any harbour, cove, creek, or estuary, oroiiwl
near any part of the coast of this colony, or it.s dependencies, for the purpose of taliiii(|
salmon, nearer to uny other net moored or set for a like ])urpose than one LiinJre
yards for a single jet, and three hundred yards for a double net or fleet of nets.

11. No salmon shall be taken before the 1st day of May or after the lOtlidavfj
September in any year: Provided, that if the timn limited in this section 8lmlil»|
found to operate Injuriously in any part of this island, the governor in council ni)J
appoint any other time or times, and such tinje or times shall be as biudiii}; oiiiJ!!
persons as if specially mentioned herein.

12. Any person who shall vi<date any of the provisions of this chapter shall licj
ject to a penalty not exceeding fifty <lollars, and all seines, nets, and other conttitJ
ancea used contrary to the provisions of this cha]>tershaH be forfeited, and may be seii/
and detained until the trial of the offender by any juslic-,., sub-collector of custoiiid
preventive officer, fishery warden, or constable, on view, or by virtue of a warran
issuedbysuchjustice, sub-collector, or jireventivo officer, npon complain tniadeoniiaiij
to be administere<l ]»y either of them, and, upon conviction, the same may bo declare
forfeited and ordered to bo sold at public auction.

l'.{. Any justi(;e, sub- collector, preventive ofiicer, fishery warden, or constalilo, i
on view, deHtro>y any weir, rack, frame, train-gate, or other erection or barrier, ii*
or erected contrary to the provisions of this chapter, or the sfime may be dcstwyj
by virtue of a warrant issued by any justi<!e, sub-collector, or preventive officer, uJk
complaint nuide on oath to bo administered by either of theui.

14. All forfeitures and penalties imposed by this chapter shall bo recovered, will
costs, in a summary manner, before any justice, for which purpose such justice niij
summon orarrest theofi'ender, and comjjcl witnesses, by sunnnons or warrant, to apiw
before him; and upon conviction of the offender, such justice shall cause <-Jl mm
nets, a'nd other contrivances illegally used, to be sold by public auction, or, wlini
permitted, under the i)rovision8of the preceding sections of this chapter, destrodj
and ill default of the payment of any penalty imposed, and costs, such jiisticp m
i-jsiie his warrant and cause such offender to bo arrested and imprisoned for any iicriij
not exceeding twenty days.

1.^). All iieiialties and forfeitures imposed by tliis chapter, and the proceeds thei*
shall be ))aid to the p.arty informing against and prosecuting the offender to convictioi

Hi. No proe<!eding or conviction by any justice or other officer under this clmptij
shall be <iuashed or set .aside for any informality, provided the same shall hcsiilisui
tially in accordance with the intent and meaning of this chapter.

17. Th(! governor in council may ajipoint the collector of revenue for Labrador,!
other persons, to be superintendent of the fisheries on the coast of this island amlii
dependencies, and may also appoint fishery wardens, and prescribe their duties forH
purposes of this chapter. The compensation for the services of such officers to bepi^
vided by the legislature. I

18. Nothing in this chapter shall affect the rights and privileges granted bytrejlj
to the subjects of any State or power in amity with Her Majesty.

lluclosuro 2 with No. 170.J

Mr. Ilopp'm to thv Marquis of Salishury,

Legation ov thio United Stayss, ^
Loudon, J/»»'// 0, Itwj

My Lord: I have the honor to acknowledge the receipt of your lordship's H*''!
the 3d iustaut iu reply to Mr. Welsh's communications of the i3th of Aiignsl la»i|

IIERMEN.

ALLEGED OUTRAGE UPON AMERICAN FISItERMEN.

233

), train-fjato, or oiM
watercourse, HoaitiJ
(ish roHortiiif^tluwol

»I18 plr J<3(1 (HI, (PVtl,iJ

tho purpoHcol'8|iiivii|.|
tiiteaproi>t!riui(lMm.|
[o person Hhall periinil
stream, cove, lake (jl

3, mcslioa, or scales oil

Dii, knowing thesawl
•, and every Halnion A
ainant by aiiyjibfoj
ik, or estuary, oroiinl
r tlio pnrposo of takinjl
lose than one Ltinilttill
?t or fleet of nets,
r after the lOtluhvii

I this section Klialikl
ivernor in council nwl

II bo as biudiii); onii

is chapter shall licsoM
ets, and other conttiij
eited, and may bcseias
b-coUeetor of custonid
liy virtue of a wiimul
coniphiintniadeoiiiiai|
e same may he declare

rdon, or constable, mij
rection or barrier, »
same may be destroyij
preventive officer, npi

Ihall V>e recovered, wll
irposo snch justia'Diil
s or warrant, to apjH-ir
shiill cause all m\A
blic anetion, or, wlinl
ills chapter, (lestroyrfl
osts, snch juNtice sliiT
prisoned for any perid

d tho proceeds tlim
iFender to convictim

!er nnder this clmpt^

Kunui shall hesiilisia
ter.

eiiue for Labrador,!

. of this island awli|
ri be their duties forll

s\icU oflicers to bep

ation t" the elainmof United States fishermen for losses occasioned by certain occnr-
niicesat I'oitiino JJay, Newfoundland, in January, 187H; and I have toae',iniint your
lordship that 1 sluill send a copy of yonr letter to tho honorable tho Secretary of Stat©
atWa-^hington by the (earliest post.
I have, &c.,

W. J. HOPPIN

3t

legos granted by trci|

United SrAT?:s,

Loudon, JiiiiKh^^H

■our lordship's Mtffj

l;U.hof Ansiisl'"*'!

Document No, 37.

Mr. Evarts to Mr. Babson.

Depaktment OF State,
Washington, August 5, 1879.

SiE : Arrangements have been made by which the naval steamship
Kearsarge, under the command of Conuuander llenry F. Picking, will
spend some weeks in cruising over the li.sliing grounds resorted to by
ourfisbing Heot in the waters of the Newfoundhiud and the Gulf of St.
Lawrence. Yon arc desired to join tliat vessel at Shediack, New
Brunswick, in company with Alfred J) " oster, esq., of Boston, with as
little delay as possible. TJje vessel will be there ready to receive you,
and Commander Picking will have been advised of the duty assigned
yon ami Mr. Foster, as set forth in the instructions given you.

Tho general i)ur])ose of this (uniise of the Kearsarge is to examine the
condition and conduct of our fishing interest in those waters; to ob-
serve the methods and equipage of our ftshermeu as used in the fisher-
ies within three miles of the shore, and the treatment shown them in
the pursuit of their industry by tho local authorities and the population
of the coasts to which they resort. You have been selected to accom-
pany the Kearsarge in this cruise from your thorough and prolonged
oxi)erience in the fishing interests of our people — from your personal
acquaintance of the character and habits of the men engaged in this
pursuit, and from your especial conversance with the general scope of
the relations between these interests and those of the coast population
\ of the provinces as develo[)ed by the rivalry and conflict between them,
which have seemed inseparable from the common enjoyh'«ent8 of the
lisheries.

Alfred D. Foster, esq., will accompany you as your legal adviser and
jtobo in charge of the taking and reducing to form of such depositions
I or statements as you or he may think of importance for the information
I of the government in this important inquiry.

The consuls of the United States at the ditiferent points at which you

[ may tench are expected to give you every aid in their power towards

jthe objects in view, and to furnish you with any information in their

possession that may be properly incorporated in your report of the situ-

t atiou of affairs on the coasts.

It is (|uite possible that some of our fishermen may wish to be advised
I as to the course which the government thinks tliem justified in taking
should the local authorities assume to interf re with them in the peace-
able pursuit within tho three-miles line of their fishing methods and the
use of their seines and fishing-tackle. This interference, if attempted,
j will doubtless be based upon the local legislation of the provinces regu-
liithig the fisheries on their coast within the three-miles line. In the view
I of this government, these local regulations are incompetent to curtail or
jcoiitrol the participation oi" our fishermen, as accorded by the Treaty of
jWasliington, in their inshore fisheries. So long as our fishermen use
j methods and apparatus in their judgment adapted to catching the fish

I il

'M

ALLEGED 6UTRA0E UPON AMEftlCAJj ftSlfERMEN.

ill the most efficient and most profitable manner to the indnstr^ tlioy aro
pursuing, to wit, fishing from vessels manned and fitted from our porLs,
and seeking profit therefiom, and so long as they do not moles {\u\ pro'
vincial fishermen, pursuin-r their own methods in their equal right, ihis
government regards our fishermen as within the treaty right ami under
uo necessity of conforming, either in regard to days or seasons, or appii.
".atus, to the prescriptions of the local regulations of the i)roviri(o.s.

You will, however, be careful to make our fishermen understand tlmt
they are not to resist the lawful authorities in any legal or judicial proc
ess or proceedings which may be taken against them in maintennncoof
these local laws. Taking care to preserve due evidence of this internip.
tion of their rights and of the loss and damage thus occasioned thein,
for the vindication of their rights and the redress of their grievances,
they will leave to their government the proper representation to tin;
British Governmouc to secure indemnity for the past and the prevention
of future injuries.

I do not deem it useful to indicate to IMr. Foster or yourself more
specifically the line or methods of your inquiries. As full and trust
worthy an exhibition of the working of tlie system of the Treaty of
Washington within the three-miles line as you can gather from yoiu- owu
observation and from the evidence which yow can acquire, is desired ;i8
the result of this expedition. While on board the Kearsarge you and
Mr. Foster will be observant, of course, of the system of the 8hi))'s dis-
cipline so far as it may need to affect the execution of the duty coufidcd
to you, and to the cordial co-operation of the naval authorities botliyoii
and the government can safely trust the prosperity of the service ex-
jiected i'rom you.

You will correspond only with this dej)artment, and be careful to avoid
any communications that may lead to any publication of the ])rogn's.sor
results of the cruise, except by authority of this department.
I Sim, &c.,

WILLIAM M. EVAIITS,

Document No. 28.

^i :

V. Evarts to Sir Edward Thornton.

Department of Statu,
Wai..dngton, August 5, 1879.

Sib : I have the honor to acquaint you with the purpose of this gov
ernment, in view of the importance of the pending questions respectiiij;
the fisheries of Newfoundland and the Gulf of Saint Lawrence, and ibr
the better obtaining of the latest accessible inforuiiition with respect to
those lisheries, to send a naval vessel of the United States to the inari
time provinces and ports of the Dominion and the adjacent lisliiiig
grounds, for the purpose of making a careful examination of the con
duct of those inshore fisheries by the American fishing fleet, wliicli,
under the Treaty of Washington, may visit those waters, and also of |
the treatment which our fishermen and their industry receive attbe
hands of the local authorities and poi)ulat:on.

The United Statessteamer Kearsarge, underthe chargeof Comniauder
Henry F. Picking, U. S. N,, has been detailed for the assigned duty, and |
is now in the Gulf, with orders to await at Shediac, New Brunswick, tbe i

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

235

iirrival of tbo agent, who has been directed to embark at that place.
This agent is instructed to make inquiry and report as to the operation
of tbe treaty stipulations and local laws, and the general <;ondition of
affairs in that locality, so far as the fishing interests of citizens of the
LIuited States are concerned, with a view to a better understanding of
tho questions involved, and the adjustment of points of difference be-
tween tlio two governments, if practicable.
I have, &c.,

WM. M. EVARTS.

Document No. 29.
Messrs. Bdbson and Foster to Mr. Evarts.

Boston, Septemhc: 29, 1S79. (Received October 2.)

Sir: In accordance with the instructions received by us from tiio
I Department of State, under date of 5th August, 1879, desiring us to join
J the United States steamer Kearsarge for the purpose of examining the
I condition and conduct of the United States fishing interests in the waters
[of tlie British North American Provinces, and to " observe the methods
and equipage of our fishermen as used in the fisheries within three miles
of the shore, and the treatment shown them in the i)ursuit of their in-
dustry by the local authorities and the population of the co{\sts to wiiich
tliey resort," we have the honor to report that on August 10 we met the
jlv'arsarge at Shediac, New Brunswick, and proceeded immediately to
|01iarlottetown, Prince Edward Island.

This island, from its situation in tlie Gulf of Saint Lawrence, is the
[most convenient point of observation for examining the fisheries pursued ,;
[by the American vessels in these waters.

The principal fishery followed by the American fisherman in the waters
[of the Gulf of Saint Lawrence is the mackerel fishery. These fish are
[found along the whole coast of North America north of Ci»;)a Hatteras,
[appearingn ear the New England coast in May, and in the Gulf of Saint
[Lawrence early in June.

There is a great diversity of opinion among scientific observers in re-
[pard to the habits of the mjickerel, whether they spend the winter in
[the Gulf and near the coast where they appear in the summer, or whether
Ithey winter in the South Atlantic and gradually come north along the
jcoast as the water becomes warmer in the spring, arriving in the Gulf
[in the early summer. \

Whatever the true theory may be, it is certain that tiie American
fisherman finds the mackerel in the spring in the South, and follows
[them along tlie coast of the United States until they finally reach the
Idiilf.

I'reviously to the Reciprocity Treaty of 1854 the mackerel fishery was
almost wholly in the hands of the Americans, the provincial fishermen
pntining themselves entirely to the cod fishery ; this treaty, by open-
lug the markets of the United States to Canadian fish, stimulated this
ludustry, until now Canadian flshermen engage in this fishery on all the
oasts of the maritime provinces.

The methods of taking mackerel in use by the Canadian and Amer-
ican fishermen diifer widely. The Canadians fish in small boats, going
Tutasliort distance only from the shore, returning to their homes each
[light, and using hand-lines alone. In Prince Edward Island there were

23(5

ALLEOED OUTRAfJE UPON AMERICAN PrSItHRMRV.

if '

«'ii;ifajf<>(l in the tlshc.rit's diiriii^ the year 187H, 1,175 boats, and onlyi;
vt'ssuls.

I'rolessor Hind, in liis confldontial roi)ort to tlio Canadian (Joverii
nient ni>on the otteet ot'thu VVa.shinjjjton Treaty on (!anadian lisiu'rics
Hpeakinjj of the differenee in tlie modes of llshinj,' nsed by the CanadiaiH
and Americans, Hays :

Maokorol ciitcliiiiR is a H])e(!ial iiuliiNtry, and ro(|iiiro8 mia-Koiu^ vohsoIh. The boat
c(|iii|>iiiont HO coiiiinoti ttiroii^lioiit UritiNh Aiii(ti'icii.ii wiitors is wliolly iniHuitiMl to the
pursuit of tluwiiackorol MO larjjoly carritxl on l>y lJiiit(vl .Sf-atos lislmrnion, Iininniinf
si'liools of niiickerol urn frcqiKMiftly loft iinniolimtitd in tin* Otilf anil on tlui (M)iistof Ni'w-
fonndlanil in conHuqitouco of thu iiaheruiou boiug uupruvidud with Hiiituble veHselHund
tiHliin^ f^itar.

The American ftsliermon carry on tlie mackerel fishery in large vessi'ls
of from 50 to 150 tons burden. ThcHe vessels are sailed on a mutual sys
tem of division of profits, the owners providing the vesvsels and (»uttits
and the crew their time* and labor for (he trip; the proceeds of tho voy-
age are divided e<iually, one-half to tlie owners and the other half to tlie
(irew. The average value of one of tiiese vessels is $:i,()0(), the sciue aiiJ
seine-boat $1,000, and the cost of the outfit about $000; the leriffth of |
time emi)loyed in a trip to the (rulf is usually about twelve weeks.

The mode of conducting the ma(;kerel fishery on the part of the Amer-
icans, lias, duringthe pastfew years, been uuilergoing great change and
improvement. Formerly, the way of taking msicdverel was by hand-liiips;
bait cut fine was thrown from the vessel into the water for the piirpow
ol attracting the mackerel to the surface, and they were then taken by |
haiul-lines.

As mackerel are often found in immense bodies or schools, thooppoi
tunity to take them in large quantities led to the invention of the piirsi'
or deep water seine, whicli has been, for the last fifteen years, the usual
mode of taking mackerel by the Americans, and is known jis the Aimr
ican method. Tliis method was iu full operation long before the adop
tion of the Washington Treaty, and was as much a part of the business |
as the use of the vessel, and when American fishermen were allowed i
use the Canadiau inshore waters, it was well known and understood tliit I
they woukl use all their improved appliances for taking mackerel or
any other fish. These large purse seines are fifteen hundred feet Ions; |
and one hundred and fifty deep, and can be graduated in size and used
in deej) as well as shoal water.

Nearly all the American mackerel vessels are now equipped with jnirse j
seines, and by their use the time employed in taking a trip of niackenl
has been very much shortened, for with a seine, when mackerel are|
plenty, a full fare can sometimes be obtained in a few days, while byt
hand line it requires weeks and sometimes months to procure a trip.

Mackerel are a migratory fish, and their capture is a matter of iniiclij
uncertainty ; they appear and disappear in large bodies, and neither tk j
time uor place where they can be taken can be determined beforeliainlj
wit'' any a'^curacy. The only resource of the fisherri au is to be pre I
pared with the most oxi>editioua means of taking them whenever tlnj
opportunity occurs.

The quality and value of mackerel depend upon their size and fatnessl
They are quoted in the market as numbers one, two, thr^e, and four, m
cording to the brand placed upon the barrel by the inspector. Hii
and poor mackerel are nearly worthless, while fine, large, fat iiiackerfl,!
such as are taken otf Block Island, near the coast of New Engkui(l,awj
considered a great luxury and will sell for $30 a barrel.

Al.LEGKD OUTRAGK JI'ON AMERICAN FISIIKRMliX.

237

TlicHiz'N (iiiality, and Mumhiirof mmjkerol in tiie (liilf viirios oxc(30(l-
iiiirly if (lilVi'iciit .veiuH, HoiiH^iriu'H bciiif; a iiiixod qiuility <»(' laij^c uiid
Miiiill, iiiid a I otliiT seasons luMiiff very ixjor and of little value.

DiiiiiiU <''*' 'H'sent season the niack<5i'el taken in the (lidf have been
siiiiillci' and poorer than ever before, aiid will hardly i)ay even the, C'ana-
iliaiis tlii'iiisclves for taking them. At Prinee Edward Ishuul inac^kercl
can l)cl">iif,d'^ for about $1 abarrel unpacked, while packed, sidted, and
,|(.|iv(Mi'(l in HoHton,they can not bo sold for more than |.'J,aiid the deal-
cM tlu'i'<' have refused to advance more than $2 ui)on the mackerel «!on-
si'ikmI to tliein. Indeed, the managers of some of the largest lishing
I'stiiblisliinents ui)on the island have this summer given up the mackerel
llsliciy and turned their attention entirely to catching cod for the West
Indies market, considering that after i)aying the expense of packing
and tiiiMsporting the mackerel there was no margin left for any i>ro(lt.

Tlie niunber of American vessels in the (Julf varies very much each
year; there have been seasons jnevious to the Treaty of Washingtcni
when as many as five hundred vessels were in theliulf at one time, but
since the treaty has been in o|)erat ion the number has greatly dimiuisiied.

Jly the ol1i(!ial record kept by the collectin- of customs at Port Mul-
1,'iave in tlie (lutof (^anso, there appear to have been in theUnlf in 1.S73,
iTit vessels ; bST-l, 1(54 vessels.

This record for the years 1875 and 1S7(> was demanded by the (!Ounsel
(iftiic United States at the Halifax Commission, but was refused by the
liiitish counsel, although it was admitted that tl.e records were in their
liossession. The (nidence produced by the United States sluws that
(liiriii;; those years theie were not nnu'e than 100 vessels in the Gulf.

Tiicre were in 1877, 00 vessels; 1878, 273 vessels; 1870, 4'i vessels.

Ot tlie vessels in the Gulf in 1870, 21 arere)(orted as having obtaituHl
7,11 If) barrels, an average of 20;5 barrels each, which woidd make for the
wiiolo tieet 13,005 barrels taken by American vessels in the Gulf this
year. If one-half of these tlsh were caught within three miles of the
shore, which ia a very large estimate, the value of the Canadian inshore
mackerel iishery to the United States in 1879 was only $0,850 — this is
calciihiting the value of the tish at the ])rice for which it can bo pur-
chased unpacked in Prince Edward Island, and n a.king no allowanco
lor the. expense of catching the mackerel.

lu 1878 more American vessels went to the Gulf than in any year since
Ihe treaty has been in operation. Early in the season the fishing was
jKHir upon the United States coast, and nmny vessels went to the Gulf
ill ho]i(' that they would find the mackerel there, but most of them re-
iiirned at once and did much better on the American shore.

The wlude American catch in the Gulf iti 1878 was only 01,023 barrels,
wliile i;{4.545 bairels were taken on our own coat^t. Every veRsel en-
Is^ip'd in the Gulf mackerel fishery during the last two years has lost
I UKiney.

We inclose a list of the United States mackerel fishing vessels in the
|(!idtof Saint Lawrence during the pn^sent summer, and the. nuud)er of
hiirrcLs taken by each vessel, as reported at Port Mulgrave, in the Gut
jttK'anso, September 1 (inclosure No. 1).

The reports of the Canadian department of marine and fislieries for
I Several years have contained comi)laints fi ^m diflerent parts of tho'coast
ahtmt the poorness of the mackerel fishery; the usual reason given being
[tliiit the use of purse seines by the Americans broke up the schools of
hiiickerel, and the casting overboard of the small fish, which are some-
I times killed by the seines, prevented the mackerel from taking the bait,

238

ALLEGED OUTUAOE I'l'ON AMERICAN FI8HEKy

The flHlicry ovoreecr Irom Prin(!e County, Priiic*^ Edward iNlimd
8i)eukin}f of the docrt'iiNC in vuluc of the llNheiios, suyH :

TIiiN f°uinii)( oft' iH principally in tho niiickttriil dHhury. FiHhinf; wuh never iiiiir«vi|;.
oriiiiMJy prnHeciitiMl tlit>..i liint wtUHun, (tl4 Ixtatn and '^,(MI> men bcini; engugcd in tbi)
intluHtry ; but the tlHhernien Ntuto tiiut owin^ to ho niiiny vohhoIh tiHliinu with m\u^
Htul tiirowinKOveriioiird liirKe(|uantitii'N<>f dead IInIi llie nuiekerel woultVuol tnketbe
bait (Report Deiiurtnient Mariim and FiMlieries, 1H7H, p. ilH'A).

Siinilur comphiintH appciir in tho reportti from tho other iiiiuitiiiie
provinceB, and petitions have lu-en jjiewented to the department uifjiug
that ]MirHO HeineH Hhonhl be proliibited.

In the report for 1877, page 53, Mr. Whitcher, the commissioner of
fl.shcaiea, says :

TiieniodoH of HHliin^nioHt objectionable ainongHtttio.^Hlieruien, and no/ j>r(>vi(Ma//aJ«ii
bji oitrjisheni lawn, are piirHO HeincH and trawls. Their n«e Iium been jietltione<l ujimn
from several wa-coast diHtriets, It iH not deHirable to interfere with either mitiltiir-
tLer in(iuirieH and more particular obuervationti can be made.

Although the Canadian commissioner of fisheries in 1877 was of the
opinion tliat the use of purse seines was not provided against by the
Canadian lishery hiws, yet on June 0, 1871), the following notice wu
issued from the Canadian department of marine and tisheries at Ottawa,
and sigjied by Mr. Whitcher :

Canadian In.shore FiSHKHiKS.—DKPAnTMRNT of Marine andFisfierieh, Fishehiks

BUANCH.

Ottawa, June G, I87i),

Public notice, and particularly tho attention of deep-Hea and inshore nsluTiiieii,ij
directed to the following itrovisioiiHof the statute, HI Vic, cap. GO, known a.s tiie lisli-
ericH act, passed on the !i5Jd May, IHtiM.

1. Section 14 prohibits the throwinjj; overboard or leaving of dead or decaying iish,
or remains of oll'als of lish, or other marine animals, w in any water whero li»iiiii^
is carried on, or upon any lishing bank ; also forbids ' g the same in any uctot

other fishing api)aratus.

'2. Section 14, subsection 2, provides that dead or «.^^.i,ying flsh, or any otiieidei-
oterions substance, shall not be drawn into, or allowe<l to pass into, or be left or re-
main in any water freciuented by any kinds offish mentioned in tlm fishery laws.

3. Section 13, subsection 7.— Bag-nets and trap-nets and tish-pounds are proliibittd,
excoptinj; under special licenses.

Besides the tines imposed by said statute, any oft'ender against the lisbery laws is
liable to the iorfeiture of llie nets, materials, implements, or appliances used ium-
uection with the ottense.

Fishery olBcers amy seize upon their own view, or on complaint, any fisbiiij,' gear
subject to confiscation, and fine offenders forthwith.

British and foreign fishermen alike are re([uired to conform to the Canadian fishery I
laws.

It having been establi.shed in evidence that certain kinds of nets used for mackerel
and other fish are fished in contravention of tho fishery laws, by destroying' quan-
tities of small fish, besides mature fishes which are thrown away dead or dyiii},', orate
loft to decay on tho fishing grounds or within the inshore waters, the fishery oliicere
aro instructed to strictly enforce tho fishery laws passed to prevent such illegal r""
injurious practices.

Thev are also instructed that British sulyects, when fishing in British waters, ar«

iind to conform in every respt^ct to tho Canadian fi.shery laws, i
hing within three miles of the coasts of Canada, under treati

and that foreiguor*
OS, in conuiion witb I

bo

fish...„ . ^

British subjects, are required to do so in conformity with the fishery laws whictb'uv-
em tho operations of British fishcrmeu.

By order :
' W. F. WHITCHER,

Commissioner of Ftaheria.

This circular is an attempt to place a forced and unreasonable con I
struction upon certain sections of the Canadian fishery act, statute 31
Vic, cap. GO, and to apply this to American fishermen fishfng in Oaua ]
diau waters under the Treaty of Washington, in order to preveut ""

ALLEOEU OUTUAQE UPON AMEKICAN FlHliEUMEN.

230

woultl uot tukcthe

commissioner of

I8IIE1UES, FlSUEHltS
AWA, June G, 1871).

use of purHu sciuus. Tlie full text of tUo HcctiuuH rulciTod to iu ut) fol-
lows :

XXXI Victoria, Cap. flO.

Skc. H. VVlioover thrown overboard ballnHt, coal, aHlii-H, MoiirN, or otlirr projiidlolal

(jrilrletorioim HiibHtaiicos, in any river, harbor, or roailHttwul, or iiiiy wati^r whore HhU-

jiiL' in wiriicd on, or throwH overboard orletH Tail upon any tlHhiiin iiank or jjroiinil, or

liMVi'N, or <i<'poHitH, or caimeH tobetlirown, left, ordepoKiteil u|ion tiiuMliore, bciusli, or

hunk of any water, or upon tlie beach between Iii^h anil low waliu' mark, inHJdeoi'any

tiilal cstiiiuy, or within two linndred yards of the month of any Hiihnon ri v<^r, remaiim

iir (iII'i'Ik <>I li'^li I"" <>f marine aninialH, or h^avcH decayt-d or decay iii^ fish in any net or

ll^liini; 'iijMiratuH, Bhall incur for any hucIi otfeuHe a line not («x(;e<>din}! one linndred

I iliillai's, 01' inipri.ionmoDt for not more than two niouth.s, and every p'trxon mo doinu,

whutlitT musler or servant, and tlie master or owner of any ^eswel or boat fiom which

mull biilluHt, oti'als, or other prejudicial substance are thrown, shall severally becomo

liiililu for ouch oilV-nso ; provided always, that it shall be lawful to bury such remains

oriitliilH attlioro, beyond the months of riveiH, for carrying on deep-sea fisheries, to

iilrii|) till) miiiio into perforated boxes or inclosnres built upon the beach or under

I stas'D-liuiidi* ill t*i>eh manner as to prevent the same from being lloaled or drifted into

I iliii HtruuriiH, ur to dispose of them in such other luauner us may be prescribed by any

lisliery olllccr.

•2. Liini', chemical substances, or drugs, poisonous matter (liiiuid orsolid ), dead or de-
I cayiiiKfiNli.orany otherdoleterioussnbstaiice, shall not bedrawn into, orallowed to pa.ss
liiii), bu left' or remain in any wa^er fre<|ueiited by any ofMn; kindi. of Ibih mentioned
lintliisact; and saw-dust or mill-rubbish shall not be drifted or thrown into any stream
I freqiioiilcil by lish, Uider a nenalty not exceeding one hundred dolhirs; jirovided
lahviiys, that the minister shaU have power to exempt from the operat io.i of this sub-
[iddiim, wholly or froiu iiny portion of the same, anv stream or streanui in which ho
IcniisidurH tliat its enforce. uent is not requisite for the public interest.

.Skc. 1<!(7). Kag-nets and trap-nets and fish-ponds are prohibited, except under
|ii|HTial licenses for capturing decp-soa iishes otlief thwi salmon. (Fishing acts of
|(;anaila, inclosiire No. 11.)

Alter citing the forcgoiug section Mr. Whitcher lays down his cou-
[structioii of tlie tisliery act in the in.^triictions to the flshery olllcers.

It liaviii;:; been established in evidence that certain kinds of nets used for mackerel
laiiilotbtT lish are fished in contravention of the lishery laws, by destroying quantities of
iBinall lish, besides mature Iishes wlii(;h are thrown away d('ii<l aiid<lying, orareleft todo-
Icav oil the lisliiug grounds or within the inshore waters, the fishery oflicers are lu-
jjtrucuiil to strictly enforce the tishery laws passed to prevent said illegal practices.

Among tlio many claims brought forward on behalf of the British

[Governineutbeforethe Halifax commission as reasons why alarge award

Islioiilil bo made by the commissioners, the deleterious ettect upou the

[Ciuiiuliuii inshore fisheries that would be caused by the use of purse

l6i'iiie.s by the Americans in the gulf was insisted upon. Evidence was

jkoiijjht forward attempting to show tiiat seining at times destroyed

tee nuinbers of small lish, unfit for food, and these being thrown over-

Wd were eaten by the mackerel, who thus gorged with food wouhl

[iiot take the bait, or attracted prcdaceous fish which drove the mackerel

away.

All tlio complaiuts uow made by the fishermen against the use of

piuse seines were made before the Halifax commission. The size, shape,

Biiil mode of using these seines was shown by the evidence, and their

Weged destructiveoMSS, aud the evil effect they would have upou the

tiuuidiaii fisheries were pressed upon the commissioners by the British

fcoimsel in their final argument^ and must be presumed to have been

pkt?u into account by the commissioners in making their award.

All modes of fishing by which large bodies of fish are inclosed at once
fcf necessity must take immature flsh, but whether this waste has any
peet upon the whole supply of fish in the sea is very doubtful.

Ill 1803 a commission was appointed by the British Government to
Mamiue into the sea fisheries of the United Kingdom, aud to ascertain
Nhetlier any of the methods of catching fish in use in such fisheries

"WW-

240

ALLEGP^D CCTRAGE UPON AMERICAN PIRHERMEN.

iili'.i' Z^tiA' ''. }'y\.

involves a wusteful dostruction of fi.sl». or spawn, and, if 80, wlicthorits
probable that any lej^islative reHtri(5tion ni)on such method of flshiuj,
wonld result in au increase of the supply jf fich."

The counnissioners, James Caird, Thomas II. Huxley, and (icor^jcS.
Lefevre, after a long; and elaborate examination into tlie metlioils of 114
lug and the apparatus in use by the fishermen, in which the same com
plaints now made by the Canadians against i)urse seines were inadi'liv
tlio English fishermen against the use of seines and beam-trawls, recoui- 1
mended to the British Government that all acts of Parliament whicli
professed to regulate the modes of fishing purLmed in the oi)enseaor
inshore Abaters be repealed. The commissioners state they do not con
sider that there is any crvidenco that operations of man have any great
effect upon the supply of lish in the sea ; and that whatever effect is pro
duced by waste or extravagance in the capture of fish is itself so tritliiig j
in proportion to the natural wear and tear of the fish that it inavb«
thrown entirely out of account. (Sea Fisheries Commission liepoft
1866.)

The inspectors of salmon fisheries, in their report to the colonial office I
and inclosed in +he dispatch ffom Sir M. IIi<;k8 Beach to the gov(>iiiorof |
Newibundland (inclosui^es numbers S and 9), coincide with this opinion,
and say further that no regulations which any single natioi; can niakeiDJ
regard to the fisheries are of any great value, and that any " lejinlatioDs,!
therefore, api)l'cable to the territorial waters would have the offcctofj
driving the fishery further from the siiore; they would have noeftl'ot|
Mphatever," ^

Ino attempt has been made to enforce the laws against seininj; (luriiigl
the present seavS0U,*but if next year mackerel should be more plt'iitj ia
the gulf, and American fishermen should resort there in greater miiii|
bers, any attempted enforcement would be productive of nuicli trouble,!
and would i)ractically prevent them from obtaining any benefit
the treaty in the inshore waters of the Dominion, by forcing them to|
fish entirely outside of the Canadian Jurisdiction.

As by section 16 of the fishery act, find by the instructions of tkl
commissioner of fisheries, the fishery officers may seize " upon theirj
own view«or ou complaint" all nets and appliances used in contraveaf
tion of this act, " and fine offenders forthwith," one-half of the finej
going to the informer, American fishermen even when usinjf theirl
seines outside the three-mile limit will be liable to incessant troiiblel
and interruption.

On Friday, August 15, we left i'rince Edward Island for the Magdal
leu Islands, arriving there the evening of the KJth. Under the convenl
tion of 1818 the Ameiican fishermen have the right to fish on tlioshoreij
of the Magdalen Islands without any restriction as to distance. iSituatedl
in the center of the Gulf of Saint Lawrence, these islands wore for]
m'irly the resort of large bodies of mackerel, which remained there a
summer ; and until the last few years, Ameri(!an vessels found aioiii
these islands the best fishing places in the gulf.

Mr. Fox, the collector and fishery overseer of the Magdalen lKlaml»,|
testified before the Halifax commission that in 1861 he connted " "
American schooners engaged in fishing near the islands. When ^
saw him there, this summer, he informed us he had not seen a siii(;!s
IJiiited States vessel. In 1877 about thirty vessels fished near tb^
islands. In 1878 only 120, and none of these vessels did well. This yea
the mackerel catch at the Islands lias been a failure; very few M
^K\ii taken bytiie inhabitants, and they were all small, iiotexceeiliugll
inches in length,

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

241

Koriiicrly ii large herring business was earried on here, ahnost exclu'
liiivciv l)y Americans. TI is, although called a fishery, was really merely
la (oiiiiiiciciiil transaction, the vessels bringing seines and hiring the
liiiitivt' lisiiei'men to catch the herring at an agreed price per barrel, but
Ithis, like idl the other gulf fisheries curried on by Americans, has stead-
[ilv (iL'crea.sod. In 1877 there were engaged iu this fishery 25 American
Ivi'ssclS) ^^ Canadian vessels. In 1878, 18 American vessels, 71 Cana-
iliaii vessels, and of the American vessels oidy four obtained any herring.
jlii I87!t, 5 American vessels, 42 Canadian vessels.

There have been usually during the sumrnqr a small fleet of American
|co(l lisliiiiS vessels near the Magdalen Islands ; but only two have been
iBi'tMi this year.

In our whole cruise iu the gulf, extending over the most frequented
Ifisliiiig: {^rounds, we only saw seven American schooners, and they re-
Ijiortcil that there were not over twenty sail in the bay.

Lt'iiviii{? the Magdalen Islands, we crossed to Cape Breton, landing at
J Vsjic'c Bay, where there had been this summer some trouble between
jtlie native fishermen and the Americans. During the present season
Ldiiie Anurican fishermen, finding that there was at the French islands
lo! St. IMerre and Miquelon a large demand for squid, engaged in the
[l)iisiiiess of carrying squid there and selling it in a slightly salted con-
jdilioii to the French and American bankers, to be used as bait upon the
|gi M'.d Bunks. This has proved very profitable, squid having been sold
lat St. Pierre as higli as seven francs a huiulred, and there are already
laliout teii vessels engaged in this trade.

Ill June of the present year several of these vessels were at White-

Ijiead, Cape Breton, to procure squid. Whitehead is a small settlement

Jill Aspec Bay, at the extreme northern part of Cape Breton, and inhab-

litnl by about two hundred fishermen. The people are very poor and

jiiiiwlucatcd, and their only employment is cod-fishing and catching

|g(|iinl and selling them to the ba^nkers that come for bait. While these

jvissels were at Whitehead the squid appeared in the bay in largo schools,

1, as is usually the case when schooling, would )>ot bite at the jig, so

|iiitli(r tlie native lishormen nor the Americans were able to take any.

pvool'ilic, captains of t)ie American vessels, Ci«ptaiu Anderson, of tiio

ididoiioi Cadet. an<l Captain Goodwin, of the Bay State, had carried with

|liciii troiu the United States seines in order to seinosquid, and with these

di;(..s tliey could have surrounded the squid as they schooled, and prob-

lilv ill a tew hauls have taken a large portion of the squid in the bay,

Inlliiii; their own vessels and selling the ranuiinder to the bankers that

\w tliere waiting for bait. When, however, they attemple<l to use

licse seines, they were informed by the native fishermen that they would

jiut De perniitted to seine a:iy squid in the bay, and tJiat if the seines were

ba'd in the water they, the native fishermen, would tear them up.

^'u iietiial violence was used by the natives, but' tlueats were freely

undo that any attempt to use a seine for squid woul<l be prevented by

lone. As these seines ary valuable, being worth from four to five hun-

pd dollars each, the American captains «lid not dare risk having them

ptroye(l,and were obliged to leave without any squid. Captain Auder-

Ni afterwards returned and purchased a load of scjuid of the native

plieniien, paying them $5(51, all of which he could have saved if lu< had

i*'i'ii i»ennitted to use his seine. These facts are clearly shown both by

llu'deiKKsitions of the American fishermen and that of Mr. Challoner, a

Canadian merchant living at Whitehead, which we herewith inclose (in-

llosiire No. 13).

While at Aspdo Bay we saw a number of the Canadian fishermen

S. Ex. 113 16

242

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

I il

i 'I

P' Ll^

tbemsolves, who admitted that they had threatened Captain Andprsoii
and Captain Goodwin, and that they liad not allowed them to seine
in the bay. The fishermen said what, from our own observation, wJ
believe to be entirely true, that they wore very poor, and all the cod
they caught they soM to the dealers, and were compelled to take their
pay in goods and supplies at high prices, and the only money they ever
received during the whole year was the little they procured by selling
squid to the American vessels, and that they look forward all summer
to the squid season, which only lasts a few weeks, to get this money to
pay their taxes and other expenses; that if the seines had been nsed
when the squid were schooling, they would have been deprived of this;
money which they had hoped to earn. They were very glad to havet
Americans come to purchase squid, and were willing that the Americans I
should jig for squid, but the large seines would soon take all the i
in the bay.

There is no law in the Dominion of Canada against seining squid, and I
the Americans were acting clearly within their rights under the trealj
in attempting to seine.

The native fishermen, in opposing the use of seines, were only eudeav I
oring to prevent the loss of a very lucrative trade by the Americans I
taking the squid with seines.

It is the same opposition that always appears when improved ni
chinery and advanced methods of production come into competition witbl
unskilled labor.

The great dependence of the Canadian fishing indiistry upon tliel
markets of the TJnited States for the sale of their fish, and the great
benefit which they receive from the remission of duties, clearly appears
from the returns. Nearly one-half of all the fish exported from Canada I
goes to the United States, while of mackerel alone nearly four-fllths oil
the entire exportation is to the United States. In 1877, 102,(508 harrelsl
of mackerel were exported to the United States, and only 28,G2;{ barrels I
to all other countries. Practically the United States is the only market I
for the best qualities of mackerel, and if a prohibitory duty siioiild bel
imposed, that fishery would be almost abandoned by the Canadians, I[|
an average duty of 20 per cent, had been imposed on Canadian lisli||
more than two millions of dollars would have been received by
United States since the Treaty of Washington came into force.

The amount of fish exported from Canada to the United States, from I
1873 to 1878, is as follows, viz :

1873 ^l,39;i,39|

1874 l,()lli,'»|

1875 1,637,

1876 l,4:.r),Ml

1877 , '2.WM

1878 l,9i'm\

Total export W,M&\

Mackerel exported 1873-1878 :

Bbls. Vii]»|

1873 - 90, 889 WW|

IH74 89,603 Wi!,W|

1875 77,538 'MM

1876 76,538 mm

1877 102,698 S4»,oia

1878 , 85,195 r.8«,9Il|

522,551 4,119.211

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

243

1, 102,098 barrels

VfterleaviugCape Breton wo proceeded to St. John's, Newfoundland,
Llliiiir on our way at tbo French islands, St. Pierre and Miquelon.
Ilii'se isliviitls, from their situation immediately opposite Fortune Uay,
llie lieadqnartera of the herring fishery, would be very av^aihible as a
baitiii" 1111(1 supply station for our fiietof cod-flshermen if, after the ex-
bimtion of tlie Treaty of Washington, they should be prohibited from
Lii,f to the coast of Newfoundland. There is already a large trade in
Lit betwecH St. Pierre and Newfoundland, which would increase if the

Liiicricau vessels also came in there for bait. At times so much bait
fconies from St. Pierre to Newfoundland at once that it cannot be sold
[t any price, and has to be thrown awaj\ At present the American
Lbiu" vessels are subject to excessive port charges at St. Pierre, and

bis has prevented many of them from coming therefor bait.

Wearrived at St. John's on the 2lst of August, and spentseveral days
visitiug the various places in Trinity and Conception Bays, frequented
pv American flshermeii for procuring bait and ice, and in making inquir-
es into the general condition of the inshore fisheries of Newfoundland,

nd bow much they are prosecuted by tie Americans.

The case presented on behalf of the colony of Newfoundland to the
tax couimission, after stating the great value of the inshore fish-

nes of that island, says :

II limy be contended, on the part of the United Statea, that their tiahermen have
Uiii the past availed themselves of the Nowfouudland iushoio lisheries, with but
fcffcxceptious, and that they would and do resort to the coasts of that island only
fcttlie purpose of procuring bait for the Bank lisliory, » » » It ia not at all
jrobablo that, possessing as they do the right to take herring and caplin for thom-
llvps on all parts ot the Newfoundland coasts, tbey will continue to purchase as
bretofore, and they will thus prevent the local liahermen, especially those of Fortune
W, from engaging in a very lucrative employment, which formerly occupied them
Biin,' a portion of the wiuter season for the supidy of the United States market.
British case, p. 40. )

I For many years American vessels have been accustomed to resort to
lortuue Bay in the winter for herring, which are shipped in a frozen
pte and sold in the cities of the United States. These herring were,
Dtii the wiuter of 1878, always purchased of the native fishermen, and
|iis trade is admitted to have been a great benefit to them, by giving
nplojmeut during a season when they 'lave no other occupation. The
umber of vessels engaged in this trade was about 50, and as each ves-

I purchased from GOO to 800 barrels of herring, paying about one dol-

11 barrel, a large amount of money was received by tbe inhabitants.
ilii the winter of 18<8, for the first time, the American fishermen, tak-
|g advantage of their rights under the Treaty of Washington, < i-ied
lith tbem to Fortune Bay seines, and themselves attempted to catch
le herring, thus saving the money formerly expended in purchasing.
JTbe Newfoundland fishermen being naturally desirous of retaining
pt'ir foniior "luci'ative trade," forcibly prevented the Americans from
tiie seines, and during the disturbance one of the seines belonging

ail Ainorican vessel was destroyed, and they were all compelled to
[turn to the United States empty and with a total loss of the voyage,
' in<> in great damages to the crews and owners of th'; vessels. In
knseqiu'iice of this trouble some correspondence ensued between the
logovoniments, in which it was assumed by the British Government
lat United States tishennen fishing within three miles of the coast of
]i! British North American Dominions, under the Treaty of Washing-

.iniist conform to all the local laws rnd regulations governing British
klierineu, and it was claitried by the British Government that the

244

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

i

! ! !

American fislicrmeu 'ere eugaged in throe distinct violations of the I
local laws.

If this is the true construction to be placed on the treaty, it is dillicnltl
to see what advantages the United States have received, and tor wliiiii
more than one nullion dollars has been paid to Newfoundland as iJ
share of the fishery awanl.

Since the Washington Treaty a series of laws have been enacted hyl
the Newfoundland legislature, the tendency of whi(;h has been to limitj
and restrict the rights of the American fishermen, until at the presentl
time fishing in the territorial waters of Newfoundland has been aban
doned, so that absolutely no benefit is received under the treaty bytliel
United States in Newfoundland waters.

The law against seining herring ni the winter, which it was clainiedtlif j
Americans had infringed (Consolidated Stat., cap. 102, § 1), with tbeexf
ception of the change of date from April 25 to April 18, is exactly tliel
same in form with the act in present force, 42 Vic, Cap. II, § 1 :

No person shall lianl, catch, or take herrings by or in a seino or other «iich contrij-
aneo, on or near any part of the coast of this coh>ny or its dependencies, or in anv(i/|
t'.io hays, harbors, or other phicos therein, at any time betw<!en the twenticlli <l;i\o(|
October in any year and the eighteentli day of Ai)ril in Hie foUowinj^ year, uriitiiBil
1 iino use a seine or oth«!r contrivance for the catching or takingof herrings, oxwiiHijI
way of shooting and forthwith haul ing the same : I'rovided, That not It 'ug hcrciii cunl
tained shall prevent the taking of herrings by acts set in the usual ad ciistoujiinl
manner, and not used for iubarriug herring in a cove, inlet, or other place.

By this statute the American fisherman is prevented from seining liet I
ring during six months of the year, and during the only six moiitlii|
when there is any demand for herring in the United States, and wbl
large catches and quick dispaich are of most vital Importance to tliesncl
cess of a voyage.

The only way by which Americans can take herring during the ™l
tor months is by the slow process of sotting gill-nets, and even astoj
these, by Consolidated Stat., cap. 102, § 2, they are limited to nets of i|
certain size and shape.

Herring taken in gill-nets sell for less in the market than seinedlierl
ring, and the time necessary to take them in gill-nets is so long, and tl)«|
expense that would be incurred by the vessels so great, that liie oiilj]
course that remains possible is to purchase of the native flshcrmeii.

From the evidence taken by the British Government in refereiitel
the trouble at Fortune Bay it appeared that the law against selniiiglierj
ring had never been enforced and was not known to the NewfouiidlaiH
fishermen at Fortune Bay. As soon as the attention of the home govJ
ernment was called to this, the secretary of state for the colonies wrota
to Sir John Glover, the governor of Newfoundland, suggestinj,', uiidel
dat«u)f July SO, 1878, that it might "be desirable that some steps shoull
be taken for making the fishermen of Long Harbor (Fortune Bay) l)«tj
tor acquainted witli tho law which prohibits the using of seines foj
taking herring on or near the coasts of the colony at any time betwffl
the 20th day of October and the 2iJth day of April in each year."
disi)atc]i was communicated by Sir riolin Glover to his govoiiiiin'nlj
(Journal of the Ilonao of Assembly, Newtbundhind, 1879, appendix,
521.)

After this, and probably in consequence of the communication fraj
the home government, the legislature of Newfoundland passed, Murt
19, 1879, an act entitled "An act to amend tho law relating to tbecoi
lislieries." ^

Tho first section of this law is the one <iuoted above and im'Wl
changes the date in the former law from April 25 to April IS. Til

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

245

violations of the

Ihird section increases the penalty for the violation of the law from fifty
[to two bundrcd dollars.
The fourth and fifth sections are as follows :

IV. Tlie owners, masters, and other persons mauaginjj or controlling vessels con-
iKviii" herrings in bulk between the twentieth day of October in any year and the

fiirlitwiith day of April in the following year, shall be deemed to have hauled, caught,
01 takeu Hiicli herrings contrary to the provision!* of chipter one hundred and two of
tbo Consolidated Statutes, as amended by the said above recited act, thirty-nine Vic-
toria cliapter six, and by this act, unless such owner, master, or other person afore-
taid shall make proof to the contrary before a justice of the peace.

V. Any justice of the peace, subcoUector of the customs, preventive officer, fishery
nardcu, or constaldo may board any vessel suspected of carrying herrings in bulk
Wtwieu the twentieth day of October in any year and the eighteenth day of April
ill the following year ; and iu case any such justice, subcollector, preventive officer,
tishiry warden, or constablo shall make signal to any vessel suspected as aforesaid,
from iiuy vfusel employed by the government, by dipping the ensign at the main peak
three times, and tiriug a gun, it shall be the duty of tuo owner, master, or person man-

i»iiii' or controlling such vessel so signalled to heave-to sucli vessel until such justice,
ubcdlU'ctor, preventive officer, fishery warden, or constablo shall have boarded and
fxaniiiK'd such last-named vessel; and in ca.se of such master, or owner, or person
niaiiai'iii}? or controlling as aforesaid such last-named vessel omitting so to heave her
to, 111'' to afford -facilities for such justice, subcollector, preventive officer, fishery
warden, or constable boarding such vessel or obstructing such justice, subcollector,
iireveiitiVe ollicor, fishery officer, or constable boarding or examining any such ^ assel,
10 shall l)e subject to a penalty of five hundred dollars, to be recovered with costs iu
sMiiiiiiary manner before a justice of the peace, and in case default shall be made in
tbeiiayiiient of such penalty, such justice shall issue his warrant aud cause such
Idti'i'ndi'r to 1)(^ imiu'isoned for a period not exceeding thirty days. (Fishery laws of
^Kewfoumllaud, inclosure No. 12.)

The great injustice of this law and the effect that it will have of driv-

liiigaway all American vessels engaged in the winter herring fishery is

ivtiy obvious. Instead of taking measures to have the laws of the col-

[ony obeyed by its own citizens, the government makes every Atnerican

[tospI carrying herring during the winter, whether the herring were

^iiightby the Americans or purchased of the inhabitants, liable to a line

Duless it can be shown to the satisfaction of a justice of the peace, and

be biinleu of proof is upon the captain of the American vessel, that tlie

Wrius were not taken in violation of law. Aud by section VI the only

lappciil from the decision is by a long aud expensive litigation in the

supieme court of Newfoundland, after giving security for the perform-

JB11C3 of the order appealed from and i)ay ment of costs.

Tliis law was not parsed until after the close of the last winter's ftsh-
pnf( season, and has not yet been enforced. The practical enforcement

it next winter will result in a complete destruction of this industry,
las carried on by the American fishermen ; they cannot catch herring iu
plieirown manner and with their own nets; tiieyare forced to inirchase
pf the inhabitants, and finally they are liable to have their voyage
|)fokeu up and their chance of carrying +heir herring to market in ti
proper condition destroyed unless they can show to the satisfaction of
pery petty local official that the Newfoundland fishermen from whom
jthe herring were purchased have obeyed the laws of their own country.

In the winter of 1877, 40 vessels sailed from Gloucester alone to For-
fniie Bay for herring ; in 1878, 26 vessels ; and in 1879, only 8.

It may safely be asserted that if the law passed this year is strictly
htaed, not one American vessel will in the future engage in this

slicry.

The eodlishery as pursued by the natives of Newfoundland is entirely

11 inshore fishery, csirried on in small, open boats, or punts, containing

ifceoi' I'osir men, and nt'ver going beyon»l three ii'ih's from the shorn.
polish taken tire small and nnsuitod to the American markets ; they

t<l

246

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

are usually hard cured and exported to the West ludiea, Portugal, and I
Brazil.

The American vessels tish for cod upon the Grand Banks, from thirttl
to one hundred miles from the shore, and never come within the iiishorel
waters of Newfoundland, except to procure bait. The cod taken on M
banks are a ditterent species from the shore flsh and much larger; igl
deed, the fish caught upon the various banks ditfer so much in appear I
ance that after they have been landed an experienced fisherman can t
from what bank they were taken.

The vessels used in the bank fishery are large vessels of about onel
hundred tons. The Americans flsh usually with trawls, but in i
places where the tide is very strong hand-lines are used. The bait for I
merly used was salted clams and menhaden, which were carried froinl
the United States, together with the ott'al of the flsh and whatever I
bait could be procured on the banks; but within the last few yearsl
American vessels have been accustomed to go to the harbors and 1
of Canada and Newfoundland for fresh bait, which was preserved in icel
and used on the banks. This bait at ditterent parts of the season conj
sists of herrings, caplin, and squid, in the order named.'

The bait is. always purchased of the Newfoundland flshernien,au(ltlif|
jTrice paid is so high that they find it much more remunerative to catcl|
bait and sell it to the Americans than to follow their usual businesso
cod fishing, especially during the squid season. In nearly every covel
.along the coast ice-houses have been erected during the last few yeani
for selling ice to the Americans to use in preserving this bait fresh.

There are about 300 American vessels on the banks that come in
Newfoundland for fresh bait, and as these vessels will average alwoJ
$400 expended for bait and ice during the season, at least $100,(IO()i!J
rvunually paid by the Americans to the Newfoundlanders for this luirposf.!

Mr, Molloy, the consul at St. John's, informed us that he iiad in ontl
summer cashed drafts drawn by the American vessels for bait an(lic«|
to the amount of over $25,000.

Much complaint is made by the American fishermen that the lawpro-l
hibiting seining squid (39 Vic, cap. VI., § 3), passed April 20, 187C,i)r(
vents their taking any squid themselves, and compels them to i)urcliai
entirely of the natives. This law is as follows :

No people Hliall, at any time, haul, catch, or take btjuids, within or by means of aiij|
seine, bunt, or other Huch contrivance.

They say that at present they lose nearly a third of their time waitJ
ing for the lo;ial fishermen to catch the squid one by one on jigs, wiiil«|
if a seine could be used they would be able to take the squid themselva
in a short time and leave for *^he banks without auy delay.

Often squid will not take the jig, especially when schooling, an(l,alj
though the water may be alive with them, the American vessels are oblig
to leave for some other place where the squid will bite, and thus ty
often go from bay to bay before they can procure any bait, when, if scina
could be used, they could easily have hauled all they needed. AstM
expenses of a codflshing vessel are about twenty dollars a day, tbisdej
lay causes a great loss to the owners of the vessel. While at Trinity
Conception Bays, we saw several vessels that had waited more than te^
days before they had been able to procure bait.

Each codfishing vess<jl requires about thirty thousand squid forabaitj
ing, and the price usually paid is twenty cents per hundred, butinsom
places this summer competition has raised the price to fifty cents per banj
<lred. Kveu when squid are very numerous no one man can take imii
than four or five hundred squid in a day with a jig, and it is impossibly

ALLEdfeD OtJTItAG^ UPON AMKRICAN I'ISHERMEN.

24t

in or by moans of am

foi tliecrew of the Americau vessel ulone to take sutticient squid for
a baiting in this manner, but if allowed to seine they could save not only
1 tilt' time now lost but the money paid to the native fishermen.
Tiiis law is very strietly enforced, and any attempt to seine would not
Illy Ite i)nniwlied by the authorities, but would probably be met with
[vioieuco l)y the Newfoundland fishermen, who state very openly that
tlicv ^vill not allow any seining of squid, and in this they arc abetted
[liv tbi! lo(!al newspapers, which are very hostile to the American tisher-
iiieii, mid advise the local lishermen that if the government will not
jirotcct them they must protect thetnselves against any seining squid by
[tlie Americans.

]}y cliiipter 102, consolidated statutes, section IV, as amended April
J2(i, is'ti (^9 V'ictoria, cap. 0, § 2) :

Noiicrsdii shall, between the lOtb day of May and the 20th day of October, in any
Ivi'iir, liinil, catcl), or take berrinj;s or otber bait for exportation witbin one mile,
liiiMsiiii'd l)y tilt) Hbore or across tlio water, of any settlement situate between Cape
|Cliii|"'ii" HoiiS*' "'"*! Pointo I'^uraK'^o, near Cape Kay.

This law does not seem to have ever been enforced, but by ifs terms
[it would prevent the i)rocuring of bait by Americans on a largo portion
jof the southern coast of Newfoundland, including Fortune Bay, and
[that part of the coast between Cape Ray and the Kameau Islands, where
Itlielibertv of taking flsh of all kinds was granted by the convention of

11818.

The question whether the American fishermen fishing in the waters
Jof Newfoundland under treaties with the British Govern nient are bound
(to obey all the local laws and regulations was the subject of some cor-
Ircspoiidence between the colony and the home government during the
jtiracwhen the reciprocity treaty of 1854 was in force. And March 15,
[lS04, a message from the governor to the house of assembly of New-
jfouiKlland inclosed a dispatch from the Dukeof Newcastleaud an opinion
jof the law officers of the Crown upon this question. (Journal of the
|Hoiise of Assembly, 1864, p. 75 ; Appendix, GG1-G09.)

Tlie Government of Newfoundland claim that the right of colonial
Jegislatures to pass laws and regulations regarding the fisheries, and to
leiiforce their obedience by American fishermen, was admitted by the
Coveniinent of the United States, in a circular addressed to the col-
lector of customs at Boston by lion. W. L. Marcy, Secretary of State,
larch 28, 1856, enjoining upon American fishermen the observance of
ttlicse laws. We inclose copies of the message of the governor and
iaccoiiipauyiug papers and of the circular of the State Department.
|liiclosures numbered 2, 3, 4, and 5.)
The only use which the Americans make of the inshore waters of
S'ewfouiidlaud and the right to enter the harbors of that island is pur-
icliasing bait and ice of the colonial fishermen. This is entirely a com-
nercial privilege, and, under the ruling of the Ilalifiix Commissioners,
h ueither granted or guaranteed by the Tieaty of Washington, and
already several attempts have been made to prohibit the sale of bait
pd ice to the Americans under heavy penalties.

It may seem strange that the colonial government should desire to put
k eud to this trade in bait and ice, which we have shown to be of so
Jniicli value to the native fishermen ; but the reason appears very evi-
|ileiit wiien the state of affairs in the colony is considered.

Tlie persons engaged in the fishing business in Newfoundland are of
|wo distinct classes, the merchants or planters an«l the actual fishermen.
T'lie plant(^rs, who purchase the fish of the fishermen, are wealthy and
piilliieiitiiil, and have the largest share in the <lirection of the government.

248

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

In the Ashing business the money is made not by the actual workers, bnt
by the capitalist. Those ])hinter8 i)rovi(lo the tishermen with tluij
boats and gear and jjrovisions for tlieir iauiilies during the winter, tak '
ing pay in fish at a price settled previously by the planters, araonj; ibim. i
selves, to prevent competition. Tlie tishermen are very iirii)r()vi(lp|||
and at the end of each year are usually in debt to the planter, wbosel
only chance of being repaid is to keep the fishermen at work ciitcbiuj
cod, which are credited against this debt. Thus the fisherman is kept
in a situation almost of bondage, forced to sell his fish at a low price to |
the planter, and receiving his pay in supplies at a high price.

The testimony of the Newfoundland witnesses shows that the usaal I
profit made by the planters on the fish purchased of the fisbernieii wnsl
more than 30 per cent., and that a further profit of from 25 to 30 percmt.
was charged upon the supplies in which payment was made. Under I
this credit system, whenever the fishing is bad, the fishermen innstb«
supported either l)y the planters or by the government. In 1878 more
than one-tenth of the entire revenue of tlie island was expended in |
])auper relief, while in 1803 nearly one-third was so used.

The money which is uaid by the Americans for bait to the native I
fishermen never gets into the hands of the planters, but is spent by tlie
fishermen in some other way than in paying their debts to the phuitm
The planters consider this money is wasted, and say that if this trnde
in bait and ice was prohibited the fishermen would not be drawn awaj
from their usual codtishiug and would be gradually reducing their debts,
The fisherman, however, is very willing to earn ready money by sellian
bait. Mr. Fraiser, now a member of the Newfoundland ministry, in Iiis
evidence before the Halifax Commission said, with reference to thij]
trade-
Yon 860 that all tbo fwhthat aro caught aro in the liands of tho planters. TLefi8li.|
ernieu cannot fi;eit half a (|nintal or n quarter of thitt fiNh until it is weighed oiitlol
him or he iH settled with. So he has not a copper hetween the time he goes out itithe I
spring and the settlement in Octobta-, except in case of an independent iiHiicrraaii. I
Therefore the inducement of a little ready money from the Americans is very alliiriug I
to him.

These attempts to prohibit the sale of bait ana iv^e to the Aniericaiii!
have been, to a certain extent, party questions in the local polities of tlie |
colony.

In 1877 the governor called the attention of the Home Goveriiincnttoj
this traffic, saying that it had injured the fisheries by making ithaiderj
for the local fishermen to procure bait, and that it called "tlic coioiiialj
fishermen away from their own fishing to procure a supply of baitai
ice for the Americans." (Sir John Glover to Earl Carnarvon, December j
31, 1877; Journal of the House of Assembly, 1878; Appendix, pagesl
294, 295, and 296.)

No action was taken by the Home Government upon this conimuni I
cation, and on June 25, 1878, the governor wrote to the colonial oflite,j
inclosing an address of the house on this subject, and requesting tliatl
the Home Government might comply with the wishes of the colonistSij
as expressed in the address.

This letter was replied to by the colonial secretary, Sir M. Hicksl
Beach, December 25, 1878, inclosing a report by the inspectors of sal]
mon fisheries on this subject, saying:

It will bo perceived that the general conclusion of the inspectors, who arc gentlf-I
men of large experience in such matters, is to the eFict that the operations of niatj
have but u very slight effect on the supply of herring, and that, with the oxperiMWJ
of this country before them, they doubt the necessity of any legislation for tlioiiroteej

ALLKGED CJTRAGE UPON AMERICAN tTSHWRMEN. 249

... ofiierriiifj, anil thoy «loiiljt tho proprifjty of ii»l«uferin)^, midor any ciroumstanceR,
l«'itlitlii'ia|iliin»of hivil, as wi-ll as tho nossibility of iiiakiiif; any rrKiiliitioi; wliich
Iwoiilii 1»! t'tri'Citiial, applicablo to the territorial waters of a Hiiigle comitrv, and that,
Itrisoiiin" t'lo'ii analogy, thoy would hesitato to ndvJHO tho adoption of any rof^nlations
1,^ (ln,,,"(,serviition of caplin or 8(inid. • » • With this report before them, llor
iMiiestv'.'t (Jovernnient cannot but tool nneertain whether any failure in the bait lish-
I '.'^f j,',,«foiiii(lland would bo remedied by iho adoiition of the nieasuroH proposed by
Itlic liiii"^'' "* assembly, and whether the practice complained of and which it is H(>uj;Iit
til |iroliil)it liai been sufflcioiitly proved to have diminished the; actual iiuantily of
lliaitvisifiiif? t'l" coast, althonfjh the increased competition of the Americans nmy have
Iniiiilcitli'SH easy for the loiial iisherinon to Hocnro the bait they re(iaire for tluMr own

Itisliiii'''

Itiit" apart from this view of the question, Her Majesty's Govoruuient deem tho pros-
lent moiiii'iit inopportune to effect any such change in practice as that which it is <le-
luireil hIhiiiI'1 1'" established. They are giving their most careful consideration to tho
iTtbdle i|ia'Htion of the fisheries, both as roganlH the United States subjects and the siib-
llfots of France, and tl"\v feel that a satisfactory Bolntion of tho several important
liiolntH at iHsn(! might bo considerably hinden^d by action in the direction suggi'sted
lliv thi! assembly. (Journal ofIIon.se, 1879, Appendix, p.iges 404-4r.{.)

Copies of this correspondeuce are horowitli inclosed. (Indosunjs Nos.
6, 7, S, ami 9.)

Tills (li.spiitcli of Sir M. Flicks Beach foHows the com\se pursui'd by
loneof lii.s i)n'decessor8, the Duke of Newcastle, who, duriiiff the time, the
lipciliroc-ity Treaty was in force, wrote to the governor of Newfoundland
B'tliiitn()a(!t can lie allowed which prohibits expressly, or is calculated
by a circuitous method to prevent, the sale of bait." (J)uke of Newcastle
|oSir A. Bannennan, August 3, 18()3.)

it such laws as were proposed by the Newfoundland assembly should
Bvor be enacted, it is diflicult to see how they could be practically en-
lowed.

.\inericaii iisheriueu having the right under the treaty to take fish of
11 kinds themselves, they^ must also have tho right to hire others to
iiko lisli for them. And the British couibsel before the Halifax Oom-
juksioii argued that the Americau fishermen, under the old n)axim que
mit per facit per se, must be considered to have taken the bait them-
ifivcs when they purchased it of the Newfoundland ors. Under this
fconstruction any law prohibi .ing the sale of bait would be .! violation of
flic treaty rights.

Welicard in Newfoundlaiul of no comjdaints of any trouble between
llie Americans and the native fishermen this year except in one in-
llance, iiiid that was of no great importance. An American desired to
leiiie squid, and the natives told him they would not allow it; there
m no violence of any kind, only soiiie threatening language. We
aiiscd statements to be prepared by the captain find one of his crew,
im\ they were given ro Mr. Molloy, the consul of the United States, to
lave tbeni sworn to. While we were absent Mr. Molloy, ui)0u his own
sponsiljiiity, forwarded copies of these statements to the governor of
[twt'uuHdland, with a request that an investigation should be made.
ve Lave not learned what the result of this investigation was, but Mr.
Ilolloy has probably already forwarded a report to the Department of
itato.

^ Very little of the fish cured iu Newfoundland is exported to the United
(tates. In 1878, only $108,814 in amount came to the United States
pom Newfoundland, while the total export of fish to all other countries
w 85,588,530.

Leaving St. John's, Newfoundland, on August 27, we reached Halifax,
jova Scotia, upon Septend)er 1, stopping one day at Port Mulgrave, in
p (lilt of Canso. During tho Iteciprocity Treaty, when many Ameri-
jau vessels came to the Gulf, a large business in refitting vessels was

250 ALLEGEt) OUTRAGE UPON AMKRICAN f'lSUEftMEN,

carried on at Port M nigra ve, but now the wharves arc deserted andverrl
little seems to be done there. I

At Halifax we left the United States steamer Kearsargo,an(l returnwi
to the United States by laud, arriving in Boston on September 7.

In conclusion we desire to express the very great obligatioiiH we awl
under to Commander Picking and the other oflicersof the United Sfatfj I
steamer Kearsarge for their uniform courtesy, and for their kind en f
deavors to aid us in every way in our investigations.

We have the honor to be, sir, vour obedient servants,

FITZ J. liABSON.
ALFRED DWIGUT POSTER,

Mi : : i !i

187D.

[IncloRurea.]

1. List of Auericau flsbing vcRsels in tiio Gulf of Ht. Lnwreiice during

2. Copy of inossaKC of the govomor of Newfonndland, March !.'>, 18(54.
■J. Copy of opinion of tb«i liiw odicors of the Crown, Junnary 0, 18G:<.
i. Copy of diH]>atch from the Dnke of New Castle to the governor of Nowfonull

land, August :<, IrifiS. I

f). Copy of letter from Hon. W. L. Marcy, Secretary of State, to the collector J

Boston, March 28, 1850. I

<). Copy of letter from the governor of Newfonn<ll tnd to Earl Carnarvon, DcccmlJ

;U, 1H77.

7. Copy of letter from the governor rt Newfoundland to Sir M. Ilicks licacli, jiimi
20, 1678. ' I

8. Copy of dispatch from the colonial officer to the governor of NowfotimllanJ
December 2.'"). 1878. T

9. Copy of report of the inspectors o.*" salmon fisheries to the colonial office, W
tember 30, 1878.

10. Acts passed to c ry into effect the Treaty of Washington.

11. Fishery acts of the Dominion of Canada.

12. Fishery laws of Newfoundland.
i;j. Depositions in regard to the trouble at Aspio Bay, Capo lireton.

No. 1.

LUt of American mackerel-fishing vessels in the Gulf of St. Lawrence, 1879.

Date of
arrival.

1879.

Juiie 0

6

9

0

0

11

12

14

15

10

16

20

20

2U

20

20

20

20

20

20

20

22

22

22

2;t

29
29
30

Kanic and port.

Cayinno, S.ilom

B. U. UaBkiua, GloucoHter...

E. F. Norwood. Glouccator ..

F. A. Smith. Uloiict'st«r

K.Everett, Gloucester

Marion GrimoH, Gloucester..

Itattler, GloiicesttT

T. L. Mayo, Gloucester

llusbli^lit, Gloucn-ster '. . .

0. L. U.viT, Portland

K. J. Evans, Ilarwichport ...
Eloctiio Flash, Gloucester . .
M. L. Wetberell, Gloucester.

Vonilia, lirooklyn, N. Y

Harvest Uoino, Gloucester . .

G. W. Urown, N(!wburyport .
M. E. Torry, Sedgwick, Mo ..

Morninj; Star, Cohas.set

11. M. Crosby, tJloucostor

J. H. Perkins, Gloucester

Ossipee, Gloucester

L. M . Warren, Deer Isle

Idella Small, Door Isle

Nellie BuvucH, Portland

M Innie Weston, Portland

Mystic, Essex

Bnttie Clarke, Essex ,

Alice M. Gould, Portland....

No. of
barrels.

510

33U
120
285
2'M
400

300

320
300

110

18'J
250
400
4U0

320
300
225
300
220

2C0

Sate of i
partunl

Anguitl.
July 28,
AufnutUl
Auftnillll
August Lf
JnlyR
Aiifrn^tlll
Aii^iustlll
August J J

July It

Aupi-stHJ
August III
JulyB.

AngostllJ
July 15. I
August' I
Angustll
AugUHllif
July 20.
JulvS.
July IS.
July 28. _
Angnslil

sertt'daiulverjl

;e,an(lreturnei|
[itenibor 7.
ligations weanl
le Unitod Stateil
r their kind enf

auta,

UT FOSTER,

during 1879.

, 1804.

18(5:».

prnor of NowfoDmll

, to tbo collector ((I

larnarvon, DeceniW|

. ilicks Bencli, Jill

ir of NewfoiindlanilJ

colonial office, W

roton.

Mwrence, 1879.

No. of

Bate of d(

buriols.

partua

.110

Anpist 1.

,luly2i

330

Aiisust'l

120

Augmtli

285

Aneustl.

2.'>0

JiilyH.

400

Aupiktll
Au(!ii«tll

...

300

AugUiU

'" 320

JulvlH

300

Aujni«i"
Annmlll

110

July a

. ""180

AiiROsiW

250

July 1»

400

AuRiis'*

400

A.>i:u'i«

Auputli

320

Juiyw.

800

July!.).

225

JulvW

300

July*,

220

August*

ALLKGED OUT.IAOK UPON AMERICAN FIKHERMEV. 2.01

No. i. — A<t*' of UMokerel-Jishinij vtmioU, ^o. — Cuutitiucd.

Date of

airivul.

18^.

i,iiiK :i

Name nud port.

j,,r. (;liii'ki>, filoiif«'»tor

Maiitaiiiminli, Ntnvbiirjport

,\l:i('Iii'Oil. UoK (111

Uinu: lilrli, (iJoiiceHtor .»

Isalii'lla, IJloiictmttir

Mary l''<'iialil Kimltptirt

Klyiii;! Clouil, lloHtoii

(.'I'dwii I'oliit, Nnwlinryport

AU'i'ilf'ii. GlmicuKtur

JaiiieHtowii, (iUiiKMintrr

Acli'liiv ilaiiwpll. (iluuneHter...

i;.('. DuvIh, llontoii

Urcvliiimid, NcwIuiTVlioi't

ediiiiiud Uiirko. Ncwlinryport
Small ''i. KabHuii, Nowbuiyport
(!. II. Maiiiii;,'

Ko. of Dutc of do-
buriolH. pill till I'.

4:0
IKO

260
870

I'OBT MuLonAVK, Sfptembrr 1, 1879.

No. 2,

Memagc from hU excellency the govcriior of Ntvfoiindland, March l.'), 184J4.
A. Baitokuman, Oovkrnor.

Ill tlio livttoi" i)iirt of the year 18C2 roliablfi information reaoliwl tlio adniiial, rom-
lBiaiiiltr-iii-(^liief on tliiH Ht.it ion, hh well as tlui jjov?:::;m- of tlie colony, tliat jiaitipfl
Ijwsscssiiij; liHliinfj privilogfs on llio coast of NowfoundlaJMl and Lalirador contem-
IjilantcMlto (lisr(^<;ar<l laws in iixistonco, or Iier«aft(M- to ho paMsed l»y tho coloniiil l(^;?inla-
jluic, for icynlat injj; tlio mode of coinlnctint; tlui liMhoritw, provided sncli lawH intor-
lerwl with the mode tmnally in practic(\

Till' KoviMiior coHHidored it to he Ids <lnty, thoieforr, to apprise the (!olonial n)inis-
W. ri'(|ue8tinf5 iimtrnctions for his ^nnlance, in order that the same nii<^ht bt< comnni-
EiralHii to the admiral.

IIinUra('e, in a dea[)ati!h dated yd F-diriiary, IHCiS, forwarded to the {governor the
jopinion of the law otticerH of the crown in England on the question referred to them ;

111 His Grace conclniies the despatch hy saying :

■'I liavo only to add iny desire that while asserting the authority of colonial law in
fcolonial waters, within tlio limits of existinj^ treaties, yon will take care to do so in
liie maniiei which is likely to he leaHt offensive to the foreigners who nuiy fall within

(tSBCOpO."

It will ho seen from tlio report of Captain Hamilton, l.iid before the house of assem-
bly, that ill the fishing season of 18(i:{, that gallant officer liad no trouble on theques-
fion referred to, or any other, during his cruises on the coast of L.abrador

The governor, however, considers it proper that the opinions of the law officers of
111" crown should bo ])laced on record, ijnd with that view they are liorewitli sent,
bnil discussions having arisen in regai'tl to tlio Treaties of 1818 and 18.'').'i, he sends au-
pbeutic extracts from these Treaties, which may bo nsefnl iis a matter of reference.

GovEKXMKNT HoosK, l.'it/t March, 1864.

No. 3.

200 1

jpinioii of the law officers of the crown, whether United States citizens fishing in waters
ifil/iin the jurisdiction of Newfoimdland are bound to ohcij and legally punishable for di«-
1 nijardUig the laws and regulations emicled hy the colonial legislature.

Temple, January Gth, 18G3.
i My Lonn Duke: Wo are honored with Your Grace's commands, signified in Sir F,
fOgers' letter of the 17th December, nlto., stating that ho was directed by Your Grace
TOnquoHt that wo would favor yon with our opinion upon the following question :
["Tliatliy 11 treaty between Groat Britain and the United St.atcs of America, dated
WoljerSOth, 1818 (Ilentslett 11, p. 'S02), it was provided inter alia that thb inhabit-

2r)2

ALLROKD OUTRAOK UPON AMEUICAN FLSHEHMKN.

?;: : fV.

tM!

J* hi'

aiilM uf tlio I'iiUimI SliitoH hIioiiIiI forovor Lavit tlitt tibnrty to tuko lUli on Mic cniMUnf j
Ninvtoiiiidlaiiil (UN tlioi'tniMlimcribud) in cotniuou with tho huI)Jo(;Ih ut° llt-r llritannir
Miijpftty."

'i'liut thiH ]>rivilHao wan extonded to tlio coaHta of Cuuatlii, New UrniiHwick, Xovi j
Hcoliu, and I'riiu-u Kdward iNlaiid, and tho Hoverul iHlaiiih thoroto adJac(Mir (lluiii*.
l«tt IX, p. SMM)) and actH worn panHod by tho dillori'iit colonies (lltMitHlolt X, p. fiH.Wj,
ti.M, ().V^, (i5:j) to nivo (itloct to tbn treaty, andi^Hpocially toHiiMiiond tin* lawH ol'Hioiiif!
('(M'lnit coIonit>M wliich wuro iiioonHiHtent with thu teriUH or Hpirit of tho troitty.

Sir Frcch^rick UoK<'rn wiih aim) pleaMod to Htato that Yonr (jra(^o dt'sirt'd tn Iw in
fornuHl wht^thur inhabitanlH of tho United >Stat«w liHliig^ in watoiN within tiut JDnv
diction of tho hi^iHlatnro of Newfoundland, or of any other of tho above-mciilloiifil I
(tolonicH, are bonnd to obey and lofjally piuiiHhablu for diHre;i;ardin^ the lawn or tvjin-
lations enacted by or under tho authority of thi»re8pectivo jirovineial le>;iHliitures, fnr I
the conduct of tho fiHlieries ; and that Yonr (i race ]>romune<l thatNUch laws wonlilnnlt
extend to waterHHitnatcd within a nnirino leanno of the (loMHt of tlie colony, wliiciiijJ
the case of Newfoundland to which tluH question especially ri^lateH) aredcilnMl hv |
thu )rovernor'H coinDiiuHion, from which an extract was annexed.

Kir I'Yederick Uo^^erH was further pleased to inclose an extract from a rej)ort acUlnnyJ I
to Sir A. Haiinerunin, by the oHicer emjjloyed on tho coast of Newfoundland, cnimit «( I
a letter from Sir Alexander Milne, transmitting that rejjort to the liOKlsComiiiiKsioii I
ers of tho Admiriilty, and of a h»t ter addressed to tlie Colonial Dcpartnicnl liy ijin,. |
tion of their liOrdHhi|)s.

These pa|ierH would explain tho object with which the piesent (piestion was ftskfil.

In obediciico to Your Grace's commands, wo have taken these papers into roiisidtfn- 1
tion, and Inivu the honor to n^port : I

That, in our opinion, inhabitants of the United States, lishin^ within waters of ibr
territorial Jurisdiction of the legislature of Newfoundht'nd, or of any other of tliiMlmve.
mentioned colonies, are bound to obey, and ar*^ le;)rnlly ]>unishable for disrei^ardiii;', the
laws and rtif^ulations for the conduct of the lislierit^s enacted by, or nnch'r the luithoriivl
of, tho respective ]>rovincial lej^islatures. The plain object of tlm treaties al)ovlu^ [
ferred to was to put tho inhabitants of the Unitetl States as re<;ards tho " lilicrlyiol
take lish " within the parts (described) of tho Uritish dominions, on the sanio foiitiii;!
as " subjects of Her ISritaniuc Majesty" — " in common with whom," in the tt^riiisuf |
1 he t r(>ati«5s, sncdi liberty was to be enjoyed.

The enactments subsequently pa«H<'d did but confirni tho treaties and provide fori
the suspensioc luring tho operation of those treaties, of such laws, &<!., uh were or j
would b(v i-^-^onsistent with tho terms and spirit of the treaties; which " terms imil I
sj)irit" are, it appears tons, in no respect violated by rep;ulationa hoiinfithwMkkl
the KovernnuMit of those engaged in the fishing, and api)licable to Hrilish Hiil)j('elii«»|
employed.

We think, at tho same time, that this British authority, as regards tho inliaWtanti]
of (he United States, can be exercised within those limits only within which iIkI
treaty-rights wore conferred ; in other words, within which, btit forthe treatie.'*, tliiwl
inhabitants could not have insisted on their right to fish.

These limits may be safely taken on the main ocean as ((xtemling to three miles(orjj
marine league) ''• m tho beach seawards; but there will remain |)<)ssibly tho riusesnlj
1>:i.ys and other ■. )ts lying betweon headlands and otluM' points of the mainland, lliel
whole of which nuiy be territorial, and subject to tho onlinary municipal jnri8diction,f
to which the mainland owes obodiouco. I

Beyonil this we conceive that the matters to bo considered are matters raHii'ro(|
fact than of law.

We have, &c., &c.,

W. ATHERTON.
ROUNDELL PALMER.

His Grace Thk Dukk of Nkwcastlk.

No. 4.

Copfi of a denpaich from the secretary of state for the colonies in reply to a request f row iii
governor that the copy of a draft bill for regulating the fisheries may be looked ovetiifit
any parts pointed mtt, such as probably might not be sanctioned by the crotrn.

Downing street, ^rd Angunt, ISKl

Sin : I have the honor to acknowledge the receipt of your despatch No. 'M of tl«l

2<Hh .Tune, enclosing .- printed co])y of the |)roceedings of a coinniiftee .•ii>p()iiiti'''''|

enquire into the state of the fi.sheriea of Newfoundland, together with ii iliaff iiiljl

framed with a view to thoii' i)r<)j)er regulation, and requesting that the provisio!!*'''!

ALLEGED OUTUAGE UPON AMERICAN EI81IEUMEN.

253

K'purtinuiit by ilin-i

[i|„Hili:ifl l>i'l ■■■'^v )>*) l<)ot.c«l over, iiiid any piirtH of il iiuiiitcd mit, Hiich im probubly

llll'llt not II'' NltllCtiolllul liy til*) OlUWIl if it WDIIt pilHHtMl.

I? I it|i|iifiii^ii<l tliitt il in not .your oxpuiitution tliikt I hIioiiI<1 oxprcNH im opinion ro-
i'tIiiik ('■*' pi'Ot'lii'iil nio<l<-H of con(liu;lin>( Mioho liHln^ricH, it li<Mn|{ plain tlnit tlio in-
IliiliituiilH "' Ni'^vfonixlliind ui'u or on^^lii to lio Inrnt ciiiiublo of Jtid^in}; vvhiit regiiia*
ItKJiw'ii'i* calcuiiitcil lo incrciiHu •hit pi'odnctiviuifMH of tlKtirown hi^uh, und witlirunpudt
[tiiiiiiiK'iiiil ■'■'"■"'*l^ I do not think it duHiriiliiu to anticipate tliut climu imiuiiy to
Iwhirli iiiiy i>>'t paHM'd n|ion ttiiH nuittcr ninst bo HMtiJectod in order, to uucortuiu that
liidiKMiiol nifringo ii[ion tho ri;;ht (;narai.t<<ud to forui^norM ur ruu couuter to any

[hrimil'li""' iii'l""'"' policy.

. riio (il)N(-rvutiouH which Hn(;uoHt thuiuHoIvua tu mo, however, ou the perusal of
itlicdralt Itiiliirc—

Isl. iliikt if any ntixconct^itioti oxiMtH jn N'owfoundhtnd roHpoctitig the liniitH of the
i,„l,„ij,il jiiiiNdiction, it Wontd ho dcitiraltlo tiiat it Hhonld bupnt atreHt bvuiubodying
till tli(t art a diHtinctHuttleiucnt that tho ro^^nbitioDH contained iu it uroot uo force ex-
L.nt wllliin thruii niihtHof tiio HJioroof tlioc(dony.

.ml Tiiut no act can bo allowed which prohibits oxproHsly, or is calculated by a
, III iiltDim method to prevent, thuHaloof bait.

1,1. Tliiit all (iHhiu); acts Hhall exprcMHly «leclare that their provl»ioU8 do not extend
ni mii'i'l'eru with any existing treaties with ui.y foreign uutiou iu auiity with Great

|:iiLuii.

lih. Tiint, in any part of the colonhil waters, it would bo highly unjust and incon-
I nil lit to iinpoMO U|)ou Britiuli rmhcrnien restrictions wh'ch could not, without vio-
liiiii^vxist lug treaties, bo ini[iosed upon foreigners using tho same lishories. Ou tlUH
|,, iiK however, 1 would refer you to uiy despatch, marked 'conlidoutiul," of the 2nd
,ii liliniary.

1 have, Si-C, &.O.,

NEWCASTLE.
Ouvcruor Sin A. Bannekman.

;ardH the iiilialiitaiiKJ

Depaktment of State,

IVaiihiiigton, April 10, 1856.

\To the Collector of the Customs at , ;

Silt; I herewith transmit to you jirintod cojiies of a circular letter addressed by

jtlilsdopartiiicut to the collectorof tho customs at Boston ou tho iWth ultimo, concern-
jiii;,' tho tisberics ou tho coasts of the British North American Provinces, whicli circular
lyoii will be pleased to regaid as having Ifcen addressed directly to yourself, and ac-
[ioiiliiij^ly eommuuicate copies theieof to tho masters of such tishiug vessels as belong
[to your port.

I am, &c., &o., «&c.,

W. L. MARCY.

ire niat.t<«-s ratliorolj

I Circular.]

Mr. Marcy to Mr. Vtadee.

Depautment of State,

lyashinglon, March 128, 18.')6,

f<li!; It is understood that there are certain acts of the British North Amoricau Co-
lloiiial lf;;islatnres, and also, perhaps, executive regulations, intended to ]>revent tho
jvaiitoii (lestriictiou of the lish which frequent the coasts of tho colonies, aud injuries
[tothrlishiiig thereon.'

It is ilicLiK^d reasonable and desirable that both United States and British fishermoii
Wiiiiilil piiy il like respect to such laws and regnlation.s, which are designed to pre-
sorvdiiiui iucieasotlie productiveness of tho iisheriesou these coasts. Such being the
Ww'tof these laws and regulations, the observance of them is enjoined n])on the
kiiizonsdf the Uuited States iu like manner as they are observed by British sulijeets.
piy iriiiniiiiir ihe uuitnal uso of tho inshore fisheries, neither party has yielded its
fights to civil jurisdiction ov(sr a maritime league along its coast. Its laws are as
pli;'at()iy ii|iou tho citizens or subjects of the other as upon its own. Tho laws of
pile HritiHli Provinces not in conllict with tho provisions of the Reciprocity Treaty
poiiid bts as binding upon citizens of tho Uuited States within tluit jurisdiction as
pi|"u liriti.sh subjects. Should they be so framod or executed as to make any dis-
ftimiiiation in favor of tho British iisherman, or to impair tho rights secured to Auier-
pu tishurmeu by that treaty', those injuriously attected by them will appeal to this
|ovemment for redress. Iu preseuting complaiuts of this kind, should there be cause

254

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN

for (loitifj 80, they iiro I'oqiiestod to furnish tho Dopartmont of State witli a copynf 1
tlio Iii\/ or rcgiriatioii wliicli in uHojjwl injuriously to iiUcct their right.sor to iriaiiiuu
unfiiir (liHcriiuiiiatioii bctwucii tlio lish'.a'iiioii of tiic, n^Hpcctivi! «'oiiiitri(!n, or \,i|||,, ,
M'ateinoiit of any siippoMsd j^riovauco in th(! fxeciition of Huch hiw or ri'^iilatinn, iii
orthu'tliat tho matter may lio arraiigcil by tlio two {;ovoriimouts.

You will mako this diroctiou known to tho mautur of such tishiuj; vessels as beloii«
to your port, in such niaunor us you may deem most advisable. '

I am, &c.,
, W. L. MARCY.

It is beliovod that tho principal regulations referred to above are the foUowini', fiou |
tho Revised Statutes of New Brunswick, Vol. 1, Title 22, chapter lUl : j

"7. Tho wardens of any county shall, whtto necessary, nial out and ili'sifjnate, in
proper positions, 'flurry grounds,' piittiny up notices thereof, ileserihinj^ Mitiii' liiiiiij
and position, in tho several school-houses and othermost public places in tlioiwrisb
where tho gurry grounds aro marked o"*^, poblishi'ig tho like notice in the Royal Ga
aette ; and no person .after such i'..)8ting and publication shall castoverboanl fioinanv I
boat or vessel tho.oil'al of tish into the water at or near tho said parish ut auy jilaco
except tho said gurry grounds."

" 12. Within tho parishes of Grand Manan, CampoBello, Pennfield, and St. Giwje,
in the county of Charlotte, no seino or net shall be set across tho mouth of any Iiav™,
river, creek, or harbor, noriu such place extending more than on(!-third tho (li»taiiit I
across tho same, or bo within forty fathoms of each other; nor shall they bo Hetwiilmi j
twenty fathoms of tho shore at low-water mark." I

" 1.'). No herring shall betaken between tho lf)th day of July and the fifteentlKifOc. f
tober in any year on tho spawning-ground at the I'ead of Grand Manan, to comiiitiuel
at tlie eastern part of Soil Covo, at a place known as Red Point, thence cxteiidlii;' I
westerly along tho coast and around the southern head of Bradford's C(»ve about (
live miles, an(l extending one r.iilo fronj tho shore. All nets or engines used forcatclj-
iiig herring on tho said ground within tliat period shall bo seized and foifeited, ami
every person engaged inusing tho same shall be guilty of a misdemeanor and puuisy |
accordingly."

No. 6.

lUegpatcbes aDd oorrespondenco in reference to the troflio in bait and ice.]
. _ • Governor Sir John H. Glover io Earl Carnarvon.

GovEUXMKNT Housk, [ilut December, 1«".

My Loud: I have the honor to enclose a minuto of my executive council, },Mviii»j
their opinion as to the injurious results to tho iisheries of Newfoundland troiul be imr- 1
ring for bait f(u- exportation, as pointed out in the senior naval officer's reiiurt on- 1
closed in your lordship's despatch No. G8.

2. At the same time, my ministers, in anticipation of legislative action iipout
im])ortant subject, deem it advisable to re<iuest me to have it brought under yoarl
lordship's consideration before the next session, which annually meets near tiioemlofj
January.

:{. From th<i admission of tho Americans to rights of fishery on this coast uiidei lli» j
Washington Treaty, more diiiiculty will be experienced than heretofore in the cairviujl
out of the local acts regulating tho taking of herring; biiiti with additional steam aid I
it is hoped that more etticient protection will bo afforded in those parts where breacliM]
of tho law^ will probably occur.

4. There is a strong feeling extant against tho American lishermen, who tliisynrl
with numerous vessels visited many of the lishing stations, before free from t kit j
intrusions, their chief object being to procure fresh bait and ice, which they did inl
largo quantities, for their bankers, to the alleged injury of our inshore lislu'riiiM.[
This year there has been in several places a failure iu the fishery, which toai:
extent is attri'outed to this An;eri(;an interference.

.'). The eirectof tho recent decision at Halifax, as re[iorttHl, disallows litis tniili«|
under tho treaty, and from tho o|)inion prevailing my ministers surmise tiiuMuml
ctringont l<!gisliition will bo demanded elfectually to check this trallie than at presfall
exists, and that a large nnijority iu th(» legislature on both sides will pa^ss Curl'
adoption of such a policy.

(5. Should such be insisted upon, it appeared probable to my ministers that it wouU j
embrace prohibition to colonial fisherman to 8upi>ly or aid in supplying, or t(iix|Mirl,r
fresh bait, which would in that respect apply equally to the French with ihcVinfil
cans, but tho latter would have the ad vantage of taking for themselves if they iilciisf^lj

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

255

ug vessels as bfloii«

W. L. MARCY.

j,l(is(i' iiiiil it is coiicoivetl that tlio exorcise of this right would not be so pre.jiitliciiil
ili(i iiiactice tluit lias lately existed in taking away the colonial lishcrmen Ironi
luirowii fii^liiiig to procure a supply of buit an<l ice for the Anioricans.
■ It iiiiiv '»' safely asserted that with the experience derived from the operation of
111. WasliiiijitDri Treaty there would bo no probability of the legislature extending the
jiiiitissioa to ilsh in our own waters.
1 have, &c., tfcc,

^ JOHN H. GLOVER.

No. 7.

Governor Sir John H. Glover to Sir M. Ilicka Beach.

Government House, 2C</t June, 1878.
i Siu; I liiivo the honor to enclose for your consideration a copy of an address from
liilioiiso (if assembly, accompanied by the report of a select committee of the house,
hili'videiioe taken on the subject of the traffic in bait and ice, and its elfect on the
|i)(llislii'ryof llio country.

,. I would observe that this address and report represent a very strong opinion
iri'vailinj; jfcuerally throughout the colony on the matters in question, and it is hop('<l
lat liir Majesty's Government may tind themselves able to comply with I lie \vish(^s
ipri'ssi'd in tlie address, aud to enforce the iirovisionsof the convention and act therein
tfiitioiied.

\l It was at lirst proposed in the legislature that a special act should be passed to
[rohiljit tilt) trallic, and the alternative of the present address was adopted at the sug-
btioii of tlio government, who thought it the most expedient course of action.
I have, &.C., &c.,

JOHN H. GLOVER.

No. 8.

The colonial office to Sir John H. Glover.

Downing Stkeet, 25fft December, 1878.

{Sir.; 1 duly received your despatch No. 56 of the iiutli Juno, in which you for-
lanlcd a report (with evidence) of it select counnitteo of the house of assembly of
lew fouiidlaiul, relating to the traffic in bait and ice, which is carried on in the colony
kitli lisliernieu of the United States to an extent which is represented as having a very
Ijiirimis ctl'i'ct upon the fishery.

1 liavo considered the address of the house of assembly, founded on that report,
Ikpectiiij; tlu» opinion that this traftic should bo prohibited, and urging that (lirections
jay lie ni VI 11 for causing the provisions contained in the convention with the United
latesuf America of 1818, and the iniperiul act .M), Gro. A, cap. 118, to be^put iu opera-
Ion, with tlio object of carrying such prohibition into (;tteet.

This iiiattor was previously brought to the notice of my predecessor in your
|spatch No. 104 of thd 31st of October, 1877, to which he replied on the 7th of January
Ttliisycar.

li I tboiifjht it advisable on the receipt of your despatch, now under aeknowlcdg-
Tent, to take the opinion, in the first instance, of the inspectors of salmon fisheries in

scouiitry, as to whether the reported deterioration of the bait lisheries might not bo
Jet liy some general regulations for their prevention.
15. lendo.sea copy of the report' which I have received in reply.
|l). It will 1)0 perceived that the general conclusion of (ho inspectors, who are gentle-
pi of lar;,'o experience in such nuvtters, is to the elfect that the opuralions of man have
iarerji sUfiht effect upon the aiippli/ ofhcrrhitj, and that, with the cxperi<Mice of thi,s
limlry lipfore tliem, they doubt the necessity of any legislation for tlie protection of
pill};; tliat they doubt tho propriety of interfering under any circumstances with
Inaptiiroof bait, as well as the possibility of making any regulation which would
i'ctual, applicable to the territorial waters of a single country, and that, reason-

;lroni analogy, they would hesitate to advise the adoi»tion of any regulations for
^e prm'ivatioii of capelin or squid.

['■ You will notice, in addition to those general conclusions, the observations of the
|61>(fior8 as to the regulations which were e.stal)lished on the northwest coast of
!"tlaml, which operated with considerable hardship to the fishermen, without there
|i"„'ai'liari'iitly any increase in the number of iish, and which gradually fell into

ii>i'iiii(l wi^re subsequently rcpoiiled.

■ With this report before them. Her Majesty's Government can not but feel uncer-

256 ALLEGED OUTKAGE UPON AMERICAN FISHERMEN.

tain wliotluT any fiiiliirc in • hiiit iisliery of Nowfoundland would bo r(;iiie(lie,i kl
tlm iidoption of tlio nioiiHiiii 1 jnoposed bytbclioiiso of asHonibly, and \vlntliei iW
jnactiuo wbicb in (()nii)laiiu'd of, and wbicb it is Hoiigbt to ])i()hibit, bas hv.uw m& I
ciondy ])rov('d to bavo diniini.sbod tbo actual quantity of bait visiting tlio const' lU
Ibongb tbt) increiiHcd conijietition of tbe Americans may Iiavo niadcit Iohh easy fortLl
local Jisbcrnicn lo. secure the bait tboy rc<iuiro for tbeir own lisbing. I

0. IJut, apart from tliis view of the question, Her Majesty's Govcrnmtni deeuitlif I
jircsent moment inojjportnno to ett'ect any such cbango in practice as tbatAvliithjtjtl
desired should be established; they are giving tbeir niost.careful cou-^ideralion toUKl
whole question of the iisheries, both as regards United States subjects <xud tlio siibkci I
of Franco, and they feel that a satisfactory solution of the several important tpointuatl
issue might be considerably hindered by action iu the direction suggested by the ai- 1
sembly.

10. You will be so good as to communicate this despatch to your govermuent,
I have, &c., &c.,

M. HICKS BEACH,

No. 9.
Inspector of salmon fisheries to colonial office.

Home Offick, September 30, 1878.

Sir: We have the honor to acknowledge the receipt of your letter of tbo 5tli inl
stant, enclosing, by direction of Secretary Sir Michael Hicks Beach, a copy of adt*!
l)atch from the governor of Newfoundland, with an address from the honsn of asscmtilrl
"relating to the derioratiou of tho bait fisheries of Newfoundland, and the measuresl
proposed to be taken to remedy this evil."

Sir Michael Hicks Beach is so good as to ask ns whether, without entering intoil
consideration of the course recommended by tho bouse of assembly of NowfoiindlaDdi
wo could suggest any genera! regulations applicable to lishermen, of whatsoeverii,itioii|
ality, for the preservation of the bait. I

Tbo term " bait," as it is used in the papers which have been sent to us, appearstol
comprise three distinct things — herring, caplin, and sqnid. I

Herring appear to bo used as bait for cod in the early part of the season, sqaidj
during the sunnner and autumn, and caplin during tho otlior portions of the year. I

The caplin (MaUoius villoaus) is neai-ly allied to the smelt, but it is not met withial
British waters. We have therefore uo personal information respecting this tii
Squid ar<i, wo believe, occasionally nsed as bait in this country, but their useison
oc(!asional, and we bavo no personal experience regarding them.

As, thereforo, Sir M. Hicks Beach has asked us to furnish him with such siiggi
tions as our exiierience may enable us to make in regard to bait, and as our cxperij
ence does not extend either to caplin or to squid, wo conceive that we shall hiim\
plying strictly with his wish by conbning our observations to herring.

Herrings, usuiilly immature or "spring" herrings, are largely used by lino lislieiJ
miMi as bait both in England and Scotland. I

During ii portion of the yeu.r the line lishermen are mainly dependent on tleherj
rings as bait. '

A fi.'W years ago Parliatiient imposed a close season for herrings on the wcHt coastd
Scotland. The close season extended to hearings taken' both for food and for bait; il
is admitted to have occasioned considerable hardship to the lisbermen : it does i
a))iieiir to have been attended with any increase in the number of herring; icitradiij
ally fell into disuse, and so far as the northwest of Scotlfind is concerntd it mmk
pealed ; so far aw the southwest of Scotland is cont'erned it C(!ased to be olworvid. I

A great many ))ersons locally interested in tho Scotch herring (isherii^s aro (lenimiil
of re-enacting this close season, or for taking some other means for the incnMNouI'lM
herrings, but they are nnaniuKus, or almost unanimous, in saying that this close seij
son or these regulations must not apply to herrings taken for bait.

With tliti ex|ieri(!Mce of previous legislation l)etore them, they are sat isliod that t
restrictions whateviir innst bo ini))os(;d ui>on the capture of herrings for l)ait.

We may say tliat similar conclusions were expressed to us during our iii(|iiir,viiitl
the crab and lobster lisheries of (Jreat Britain. Many of tho most experienced lisliW
men we found <U'sired that some well-considered regulations should be inii(lcforti|r
d(<velopment of these fisheries. But nearly every lisbernian considered that these nnj
Illations -should not, in any ei>se ap]>ly to the crabs taken for ba't.

Their argument seemed to ns, we jiiay a<ld, perfectly sound.

Halt is of such importance to the lislicriucu, iiiid in certain t;eanons and in ii't")
places so diliicnli to be got, lliat wi! should in this country, at any rate, stiongljiis^
sent from any regulations which might intcrlere with its capture.

MEN.

, bo rcniediod by I
aiul whetlieiili't
it, has l)(!«n Miiii. I
iii<r the coast; al.;
it less easy for till,]

irniiKMit (ice.Ditlitl
18 tbiitvhithitj,!
u.>i(loiationtolliel
,8 aud the siibjecti I
Liportant iiointsalj
ggostedbythoaj-l

government,

IICKS BEACH,

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

257

ptcmbcr 30, 1878,
etter of the 5tb iai
ih, a copy of ades-j
! bousflof aHscraWfl
, and tbo nieasutral

out entering intoil
jT of Nowfoiiudliinil
whatsoevcrnatioD'l

at to us, appears lol

f tbo eoason, 8qnid|
jious of the year,
is not mot with ii|
specting this I
ut tbcir imoisoulrj

with such fluggiJ
and as our expcti-I
we Bballbo coiii-l
ing.
ised by lino tisteJ

ondent outleliei^

tbo west coastd

)(l and for bait; il

Ijruicii ; it does t

borring; i'H

oncerneditwasn

to bo ol).fi;i'Viil.
liorios arc MM
tbo incrcasool'tlif
tbut tbi.scl08i!«

I'O Hatiwiii'dUutD
rs for Itait,
ig our iii(|iiii'yi"J
oxi)erii'nciul listaj
Id bo nuiili'toti"
rodtliatlliMi'i

go far, then, as tbo more question o' bait is concerucd, we doubt tbe propriety of
jnvregnlatioiiH interfering with its capture. But we also doubt the necessity, we
doubt tbe possibility of any operations of man interfering with the stock of herrings
in the sea.

The allegation that the stock of herrings is materially reduced by the operations of
the not fishermen has been constantly made in varioua parts of the kingdom. But
notwithstanding the constant increase of netting, the annual number of berringa
talten by man has been continually and regularly increasing. Though the quantity
of herrings taken oil" the Scotch coasts is now ten times greater than it was fifty years
iiiro, there aro no indications that this prodigious increase in their capture has made
any impression on the stock of herrings in the sea.

it is true that there are some reasons for thinking that the increase of netting has
prevented the herrings from entering some of the inland locks which used to be fre-
(lueated by thom ; there is at any rate no doubt that herrings have deserted, or par-
tially deserted, certain portions of the coast which were previously frequented by
them.

Bat, in tho first place, it is not absolutely clear that their desertion of such por-
tions of tbe coast lias been due to the operations of man ; and in the second place, it
is not clear that, if it be so due, any regulations which could easily be made would
'■ obviate tbe evil.

It is not clear that the desertion of certain portions of the coast by the herrings is

ibii'totho opcrationsof man, (1) because it isawell known and ascertained fact that

li^h do desert certain places for a long series of years, whether they are netted or not,

I and (2) because it has also been ascertained that they have not been driven from

other jiortions of the coast by unrestricted netting.

Even if the herring deserted certain portions of the coast in consequence of the
fxcKMof netting, it is not easy to see how any regulations which man could make
[ woubl obviate the evil.

The regulations which man could make, or at any rate which any single nation
I could make, must necessarily apply to the territorial waters of th.at country ; bat her-
I rings are just as easily taken ten miles from the shore, or oven fifty miles,' as well as
hithin three miles of it.

The greater number of herrings <ire, in fact, taken more than ten miles fromtheland,
[ and it is tho almost universal opinion of fishermen that the operations of man have a
I greater effect in breaking up the shoals out at sea a long distance from land than close
[ to the shore.

Regulations, therefore, applicable to the territorial waters would have the effect of
[driving the fishery farther from the shore. They would have no other effect what-
lever.

Writing, then, simply with the experience of this country before ns, we doubt the
Ineeeasity of any legislation for +jhe preservation of herrings ; wo doubt the propriety
|of interfering under any circumstances with the capture of bait ; and we iioubt the
iT-oiwiiiility of making any regulations which would be effectual, applicable to tho
jterritoriai watijrs only of a single country.

i fiea«oning only from analogy, wo should also hesitate to adopt any regulations for
Itbe preservation of caplin or of squid ; but as on these points we have no experience,
Iwedo not venture to pronounce a positive opinion on them. ,

I SirMiehai'l Hicks Beacli will observe that we have confined the preceding obser-
Ivatioiw strictly to tbe point on whiah he has asked our opinion, viz, the possibility
lot iiiakinii; any regulations applicable to all fishermen of whatsoever nationality for
Ithe preservation of bait.

I Tberc are other points connoi d with these papers, such as tbo relative values of
jtliecfldand bait fisheries to the Newfoundland fishermen, orthedifficulty of allowing
Tthcsalcof a li h three miles from shore, the sale of which was illegal within three
uilesfrom the sli >ro, ou which we forbear from making any observations whatever.
t We venture, in rwarding this reply, tu transmit with it copicsof our report (1) on
phcherring fisberi of Scotland, (2) on tho crab and lobster fisheries of Great Britain,
pn which many of i i arguments which we have summarized in this letter are stated
morefnlly, and we ivo only to add that if there is any other point on which Sir
Michael Hicks Beaca desires information, and in which it may be in our power to
Nisi him, it will afl'urd us much pleasure to do so.

We have, &c., &,o.,

S. Ex. 113 17

FRANK BUCKLAND,
8. WALPOLE,
Inspectors of Salmon Fiaheriet,

ons iintl 1" '■''";
rate, Nliougly

m:

258

ALLEGED OUTllAGE UPON AMEUICAN FISHERMEN.

No. 10.
AN ACT to carry into effect a treaty bntween Uer Majesty and the United States of Amorici.
(Imperial Parlianiont, 6th Au;;nst, 1872.)

AN ACT relating to tlie Treaty of Waslnngton, 1871.

• ;' ; (Canadian Parlianiont, 14th June, 1872.)

' ! X '-v 35 AND 36 Victoria.

Chaf. XLV.— an act to carry into eflect a treaty between Her Ms^esty and the A. D. WL

United States of America.

^ ' •■ ' " '-^ (6th August, 1872.)

Whereas a treaty between Her Majesty and the United States of
America was signed at Washington on the eighth day of May, one thou-
sand eight hundred and seventy-one, and wa^ duly ratified on the
seventeenth day of June of that year, which, amongst other things, con-
tained the articles set out in the schedule of this act:

And whereas an act intituled "An act relating to the Treaty of Wash-
ington, 1871," has been passed by the Parliamtiit of Canada for tbe pur-
pose ot carrying into operation the said articles;

And whereas an act intituled "An act relating to the Treaty of
Washington, 1871," has been passed by tbe legislature of Prince Ed-
ward's Island, for the purpose of carrying into operation the paid
articles ;

And whereas the Congress of the United States of America have not
as yet passed any act for carrying into operation on the part of the
United States the said articles ;

And whereas it is expedient to make provision by act of Parliament • '
for carrying into operation the said articles ;

Be it enacted by the Queen's Most Excellent Majesty, by and with the ■ -'
advice and consent of the Lords S))iritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same,
as follows:

1. As soon as the law required to carry into operation, on the part of Siispentioii dl
thft United States of America, the articles sot out in the schedule to ^ff at vari«iM|
this act has been passed by the Congress of the United States and come '" """"'■
into force, all acts of Parliameut and laws which operate to prevent

the said articles from taking full effect shall, so far as they so operate,
be suspended and have no effect during the period mentioned in the-
article numbered thirty-thrco in the schedule to this act.

2. Whenever the necessary laws have been pa^.iseil by the legislature provision fori
of Newfoundland and approved by Her Majesty for carrying into oper- oxtonsinn of »l
ation the articles in the schedule to this act, so far as they relate to tides to KeiJ
Newfoundland, it shall be lawful for the officer administering the gov- * '•""i'"*'"''
ernmeut of Newfoundland at any time during the suspension, in pur-
suance of this act, of the above-mentioned acts of Parliament, and laws

by his proclamation to declare that after a time fixed in such proclama-
tion for that x>urpose, this act and the articles in the schedule to this act
shall extend, and the same .accordingly shall extend to Newfoundland
so f.r as they are applicable thereto.
^ 3. This act may be cited as "The Treaty of Washington Act, J 872." Short title

(NOTK. — For schedule, see Treaty of Washington in vol. of statutes of
Canada, 35 Vict., A. D. 1872.)

r"

ERMEN.

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

269

d States of Amorici

mi the A. D, ltT2.

btes of
ithou-
)n tbe
8, con-

Wash-
le i)iir-

aty of
Be Ed-
e paid

ve not
of tbe

ament

ththe
mons,
Harue,

lart of Siispennion it

lo to act* »t """i

with articles.
come

vent

Mate,

u tbe

It lire proviMon tiitl
oper- (>xt(>ii8ion of it-m
ito to ticlca to Xe»|
EOV- *'>'Unill»n(l.

pur-
laws

lania-

itiact

Hand

!72." Short title.

tea of

AxNO Tkicesimo-Quinto VicTORiiE Regin^.

(;^, i._A>f ACT to ameud the act renpoctint; tbe atatutos of Canada.
(Assented to 14tii June, 1872.)

Her Mii.it'Mty, by and witb tbe advice and consent of tbe Senate and I'leamble.
]|iiii.sc (ifCoinuious of Canada, enacts as follows:

1. All 111'' oiifjinal act8]»asscd by tbe legislatures of tbe latoppoviuces Clork of the
, pf L|i[)( r (ir l.owtr Canada, or of tbe late province of Ciuiada, t'"'"''"'- ^"vlj't'i"^"'^ twf
: lirri'il to ami dejiosited of record in tbe ortico of tbe clerk of tbe Seuato, of origi'nal mitHof
[aiiilal.'iiiiill original acts of tbe Parliament oi Canada beretofore as- Parliament and
[seiiti'd to, or liereafter ^o be tusented to by tbe governor-general, and|>f certain lato
all bills rfMUved for tbo signilicatiou of tbe Queen's pleasure, aud *is- J^'j^^^^^'^^^'j^^j',^'*
[sMiti'tl to or (lisiillowed by tbe Queen in council, sball be and continue
' lo leiiiiiin of record in tbo custody of tbe clerk of tbe Senate of Canada,
411(1 such tlei k, as custodian thereof, sball bo known and designated as
I "The clerk of tbe I'arliaments." And everything now required by tbo
[act iiititnlfd : "An act respecting tbo statutes ot Canada," or bj' any -' ■

I ntliiract of the Parliament of Canada, to be done by tbe clerk of tbo
>ii;ite, as custodian of tbe said acts or any of tbem, sball be done by
; lilt' eleik ol' the Parliaments.

'.', The tlcik of tbo I'ariianjents shall bave a seal of ofQco, and sball Clei-k of the
I ailix tlif same to certified copies of all acts intended for tbe go /emor- Parhamenta to
p'lieial or the registrar-general of Canada or required to bo produced ge'ai^o/office^*' *
lii'liiie cotuts of justice, either within or beyond tbo limits of tbe
Dmiiiiiioii of Canada, and in any other case when the said clerk may
[iki'iii it expedient.
;t. AH copies of tbe acts above referred to, so certified by tbo clerk of certified copies
he ['aiiiauiciits, shall bo held to bo duplicate originals, aud also to bo of acts to beheld
I niduiice, as if printed under the authority of Parliament by tbe Queen's ^'*. V® <luplioate
! iirintcr, of such acts and of their contents. ongina a.

4. A* soon as practicable after tbo prorogation of every session of Bound copy of

Parliament, the clerk of tbe Parliaments shall obtain from tbe Queen's statutes of Oan-

liriiiter a Kiifficiout number of bound copies of the statutes of Canada *S^*' "",•! fT n*

I [la.'^sed (lining such session of Parliament, and shall doliTer to tbe gov- JJn/y ^certified,' to

iiuoi-geiicral one copy duly certified, for transmission to one of Her be delivered ' to

Jlajesty'ii pi iiicii)al secretaries of state, as required by the British North thegovemor.aud

Aimriean a('t,lH67, together with certified copies of all bills reserved J?°™^ ^f'py *"

I tin the signification oftbe Queen's pleasure, and one likecopy of tbo said pr^l_ """K "'

[acts in the English and French languages to the registrar-general of

[ Canada.

The elerk of the Parliaments shall also furnish certified copies of Certified copies
laiiy of the acts above mentioned to anj public oflicer or party applying of acts to be fur-
jfTt ho Slime; aud upon all such copies the said clerk of tbe Parliaments "'^!""* "'> appli-
Isbll, before delivering tbe same to such ofUcer or party, receive from
[.Hichparty a fee at the rate often cents for every hundred words in tbe ♦

Iccrtiiiid eojiy and certificate ; and all sums so received by him sball
jl'oru, |iart of the contingent fund of tbe Senate.

I (). All certified copies required for tbe public service sball be obtained copies for pub-
Jfroiu the clerk of the Parliaments through the secretary of state of lie service.
(Canada.

I, The clerk of tbo Parliaments shall insert at tbe foot of every such Certificate t«be
loony .so reijiiired to be certified, a written certificate, duly signed and insertM at the
[aiitliciiiicated by him, to the effect that it is a true copy of the act footofevervcopv
ll«(d by the I'arliament of Canada, or by tbe logislaturo of tbe late "^ «' H;?a"ired to
jlirdviHce of Canada, or of tbe late province of Upper Canada or Lower ""^ c«»iiied.
iCanaca {as Ihv cane mai/ he) in the session thereof liold in tbe
jycar of 11. M. reign, and assented to in Her Majesty's name, by tbe gov-
Ymn-jrciu'.rti], m- (^as the case ma !) be), oil ihe day of , or reserved • .■ '
Ijiir tbi) signification of Her Majesty's pleasure thereon, and assented to
ill) Ihr Majesty in council, on tbo day of . •

AN ACT relating to the Treaty of Washington, 1871.

(Assented to 14th Judo, 1872.)

WlwrwiH by article thirty-three of the treaty between Her Majesty ■Pr.amW.
m the Uiutcd States of America, signed at the city of Washin^tcB on '^«*°"'"'-

Ii r^0

,!• «

iii^

1. Tho act of the Parlianiont of Canada, passed in tlio thii(yfi«|
ear of Her Majesty's loign, chapter sixty-one, intituled "Anactl

260 ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

the eighth day of May, 1871, it is provided that articles eidhtoen to
twenty-five, inclusive, relating to the Sa^ieries, shall take effect an hoc, i
as the laws i-equireil to carry them into operation shall havobeonpasK^
by the Imperial Parliament of Groat Britain, by the I'lirliament (i(
Canada, and by the legislature of Prinoe Edward's Island, on tht> om
hand, and by the Congress of the United States on tho otlu r, iind tim
'■'' ' ' • such assent having been given, the said articles shall remain in forc«

for the term of years mentioned in the said article thirty-thtce; and
" wherrtis it is expedient that the laws required to carry tlie said trealv

into effect, as respects Canada, should be passed by the Piuliamentol
tlo Dominion: Therefore Her Majesty, by and with the advice and
consent of the Senate and House of Commons of Canada, ouacts ai
follows
Certain acts
BiiBpeuded B8 re- yeiiT

States v"8'»^o"ls'''^*'P^*'ting fishing by foreign vessels"; and the act of tho said Parlii!

and citizens en- mont, passed in the thirty-third "year of Her Majesty's reign, chaptdl

paired In taking fifteen, intituled: "An act to amend the act respecting lisliingbvfor.l

IlHhi'ifn ''■''asts of ^'f'" vessels"; and the act of tho said parliament, passed in tlietiiirty.f

Quebeo,*'''No'v*a fourth year of Her Majesty's reign, chapter twenty-three, intitiileiil

Scotia, and New "An act further to amend the act respecting fishing by foreign vessels",

BruuBwicli. aud the ninoty-fonrth chapter of the Kovised Statutes of NovaScotiil

(third series), intituled: "Of coast and deep-sea fisheries"; andthel

act of tho legislature of Nova Scotia, passed in tho twenty-ninth yeitl

of Her Majesty's reign, chapter thirty-five, amending tho sameiatij

the act of the legislature of New Brunswick, passed in tho Bixteenljii

year o£ Her Majesty's reign, chapter sixty-nine, intituled "Anwl

,; relating to the coast fisheries, and for the preventing of illicit trade,'!

so far as the said acts of the legislatures of Nova Scotia and Ne»l

Brunswick, respectively, apply to any case to which the said actsoll

(be Parliament of Canada apply, shall bo, and are hereby, snsp

as respects vessels and inhabitants of tho United States of Ainerial

engaged in taking fish of every or any kind, except shell-lish, ou tbtl

sea-coasts and shores, and in the bays, harbours, and creeks nftbtj

provinces of Quebec, Nova Scotia, and New Brunswick, as shall alMl

■ all acts, laws, or regulations (if any) over which the Parliament ofl

Canada has control, which would in any wise preventer inipedntliei

fall eftect of the said article eighteen.

Fish and flsli- 2. Fish-oil and fish of all kinds (except fish of the inland lakes andl

oil from United of the rivers falling into them, and except fish preserved in oil)l)eiiij|

statos nsheries the produce of the fisheries of the United States, shall bo admitted into I

to be free. Canada free of duty.

Transit of 3. Goods, wares, and merchandize arriving a', any of tho ports ofl

R">'> <1» throujib Canada, and destined for the United States of America, may be ciiteredl

Canada in bond. ^^ ^y^^ proper custom-house, and conveyed in transit, without thepajr

ment of duties, through Canada, under such rules, regulations, aDil|

conditions for the protection of tho I'evcnuo as tho governor in coancil!

may from time to time prescribe; and under like rules, regulatiou,!

and conditions, goods, wares, and merchandize may bo conveyed IjI

transit, without payment of duties, from the United States tliroiigl|

Canada, to other places in the United States, or for exports from poitt|

in Canada.

Carriane of 4. Citizens of the United States may carry in United States' vei

goods in tJuitod without payment of duty, goods, wares, .and merchandize from onepoitl

from one "pa" "■*"'■ 1'1'ico in'Canada to another port or place in Canada, provided thadj

Canada to an- portion of such transportation is made through tho territory of tbtj

other, condition- United States by land carriage, and in bond, under such rules andrtgl

"fiy- ulatious as may be agreed upon between the Government of ber Ifrl

jesty and the Government of the United States. I

When this act .<). The foregoing sections of this act shall come into force uponfrMl

lor 'e *"""^ '"*" ""*' **^®'' * y *" ^^ appointed for that purpose by a proclaraatiosj

" ■ based upon an order of the governor in council, and shall remain i«|

"1 force during the term of years mentioned in article thirty-three of tkij

said treaty.

ERMEN.

articles eightpcn to
11 tiiko effect as soon
lall have be«n passed I
y the rjirliaracm a;
'a Island, ou tlii' mr
1 Ibo other, and tliji
ihall remivin infotc«|
;lo thirt.y-thfceiu,,
carry tlic saidtrtaiyl
l»y the I'arliameiiiotl
^;ith the advice aiKi I
f Canada, cuaclBii]

3d in the thirtyfintl
», intituled "Anactl
3t of the saidPatlij.!
josty's reign, chaptwl
eoting Ushingbvfoi.j
passed in tbetliirtj.)
nty -three, intituled; f
5 by foreif^n vessels";
ktutimof NovaScotiil
I lishories"; aiidtM
ho twenty- ninth yeir I
iding the same; M
«e«l in the sixteenllil
), intituled "An utl
itiug of illicit trade,'!
ova Scotia and Neil
liich the said achioll
iTO hereby, snNpendedl
ed States of Amerial
icpt shell-liBh, ou the I
rs, and creeks ofthtj
mtiwick, as shall akl
ph the Parliament oil
revent or imped(itl»|

the inland lakes audi
reserved in oil)l)eitj|
diall beadmittedinl(i|

any of the ports ofl
lerica, may be enteredl

sit, without the pan
lies, regulations, sdII
governor in conncil
ve rules, regnlationi,!
may bo conveyed ill
tiited States throngll
■or exports from poitil

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

^61

Fuited States' vl^-^
liandizo from onepoit:
nada, provided that*
the territory of tb
it such rules and r({-
vernraont of her Mi-

into force upon ftml
ie by a proclaraatiMJ
and shall remain i«l
le thirty-three of tM|

No. n.

131 Vict, Chap, eo, &o., &.0.1
DOMINION OF CANADA.
THE FISHERY ACTS.

By a proclamation of the governor-general, dated October?, 1875, the fishery acts
Uere extended to Prince Edward Island.

Regulations of tlie governor-general in council, adopted from time to time under
these acts, are i)riuted separately for action in the diti'erent locali*''i8 to which they
[apply, after publication in the Canada Gazette.

31 ViCTOUIA.

Chap. 80.— AN ACT for the regulation of fishing and protection of fislieries. .,-

(Assented to SSnd May, 18C8.)

Her Majesty, by and with the advice and consent of the Senate and Preamble.
[^Houseof t'omnions of Canada, enacts as follows:

FISHKRY OFFICERS. ■ '

1. The governor may appoint fishery ofiQcers, whoso powers and dn- FisLrry officers
I ties shall bo defined by this act and the regulations made under it, and to be appointed.

iy instrnctions from the department of marine and fisheries ; and every Fowergauddu-
[offlcer so appointed under oath of oilice, and instructed to exercise ties.
[magisterial powers, shall be ex-officio a justice of the peace for all the
jpurpoBes of this act and the regulations made under it, within the
[limits for which he is appointed to act as such fishery officer.

2. Each fishery ofiicer shall take and subscribe the following oath : Oath of office.
"1,A. B., a fishery officer in and for the district described in my Form.

[appoiufnieiit, do solemnly swearthat to the best of my judgment I will
IfaitLfully, honestly, and impartially .fulfil, execute, and perform the
j office and duty of such officer, according to the* true intent and mean-
[iug of the fisheries act and regulations, and in accordance with my io-
Istructions. So hel^i me God." t : v.

FISHERY LKASES AND LICEN8EB.

2. The minister of marine and fisheries may, where the exclusive Fishery leaars
[light of lisbing does not already exist by law. issue or authorize to be f"^ moro^*'tliau
lissued fishery leases and licenses for fisheries and fishing wheresoever nine years.
Isitiiated or carried on ; but leases or licenses for any term exceeding
jnine years shall be issued only under authority of an order of the gov-
'«ruur in couucil.

DEEP-SEA FI8HERIK8.

^^ 3. Every subject of Her Majesty may use vacant public property. As to right to
•esseli.^B'"'''! *" yy ^'^y^ '" common and accessory to public rights of fishery and nsevacantpublic

lavigation, for the purposes of landing, salting, curing, and tliyi"g CSolcMuld
Dsh, nnu niiiy cut wood thereon for such purposes, and no other person a» to taking bait,
palloccnpy the same station, unless it shall have been abandoned by &c.
Bhe first occupant for twelve consecutive months ; and at the expira-
Jtioii of that iieriod any new occupier shall pay the value of flakes and ■ :

Ist.iKcs, and other ])roiterty thereon of which he may take possession, ^

■<ir the bnildiugs and improvements may be removed by the original
owner; and all subjects of Her Mnjesty may take bait or fish in any of Proviso.
[•lie hai'hors or roadsteads, creeks or rivers, subject always, and in i^^ ■

|very case, to the provisions of this act as affects the leasing or
flici'iising of fisheries and fishing stations; but no property leased or
P'Cfiised shall be deemed vacant.

COI» FISHERY.

4. No one shall use mackerel, herring, or caplia seines for taking Neta for taking
whsh, and no codfish seine shall bo of a less sized mesh than four cod.

262

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

iucheij iu cxtonsion iu the urius, atul tlireo incbes iu the bnut or liottoin
of the seiue.

WHALE FI8HKRY.

Whalen, &.r,., 5. Whales, schIh, and porpoises shall not be hnnted or killed by
notto bo killed by moiins of rockets, explosive intruiueuts, or shells, undora penalty not tx-
"'p^,f*!i/I! "''**"'■ <"**ling three hundred dollars, or at least three months, und not ex-

Puualty.

ceediug six months, imprisonment in default of payment.

SEAL FISIIKUY.

Seaentary flsh- 6. During the time of fishing forse-'.ls no one shall, with boat or ves-
turbed"^" "* " ^*^'' J^'iowiugly or wilfully, disturb, impede or injure any sedtMitury neil
lishery, nor prevent, hinder, or frighten the > lioals of seals coiiiinc; im,.
Penalty. such lishery, under a penalty not to exceed sixty dollars for each of-

fense, or imprisonment in default of payment notexceeding one, moiitli;
the defendant, being also liable for damages, to bo adjudged liy any
fishery olHcer or other mag'strato before whom the injured party may
complain.
I'I'jP"te8 as to a. Disputes between occnpierp of seal fisheries concerning limits and
how settleiT""'' ^^^ mode of fishing or sotting nets shall be deculed summarily by any
fishery oflScer or other magiscrato, on the report of arbitrators, anil any
(lamages assessed or accrued, or that may afterwards arise ont of a
repetition or continuance of the ditficulty ordered to be remedied, may
be levied under the warrant of any fishery oflicer or other magistrate.

SALMON FISHERY.

Close season for 7. Salmon shall not be fished for, caught, or killed between the
salmon. thirty-first day of July and the first day of May, in the provinces of On-

tario and Quebec, and in the River Restigouche, and between the fif-
teenth day of August and the first day ofMarch in the proviucoofNon
Proviso as to Brunswick : Provided always, That it shall be lawful to fish for, catcli,
flj^BurJace Jisb- j^j^^ jjjjj gaimon with a rod and line, in manner known as fly-surface
fishing, between the thirtieth dajr of April and the thirty-first day of
August, in the provinces of Ontario and Quebec, and between tbntirst
day of March and the fifteenth day of September, iu the province of
New Brunswick.
In Nova Scotia, g Salmon shall not be fished for, caught, or killed iu the province of
Nova Scotia, save as provided and authorized by the laws now in force
in that province.
Fonl salmon. a. Foul or unclean salmon shall not be at any time caught or killeil,
Fry, parr, or 4. Saluion fry, parr, and smolt shall not be at any time iishcd for,
Mttd "*** *" ^^ caught, or killed, and no salmon or grilse of less weight than tbree
pounds shall be caught or killed ; but where caught by accident in uet»
lawfully used for other fish they shall be liberated alive at the fiostaud
risk of the owner of the fishery, on whom shall in every case devolve
the proof of such actual liberation.
Size of meshes 5. Meshes of nets used for capturing salmon shall be at least five inches
of salmon nets. j,j extension, and nothing shall be done to practically diminish or nullify
their size.
Use of nets rog- 6. The use of nets or other apparatus which capture salmon, shall,
uiated. except iu the provinces of Nova Scotia and New Brunswick, be con-

fined to tidal waters, and any fishery oflicer may determine the lenglli
. and place of each net or other apparatus used in any of the watersol

oiita°rIoTc?* the Dominion : Proi-ideei, That nothing contained in this section shall
' ' prevent the use of nets for catching salmon in the lakes of the province
of Ontario, nor preclude the minister from authorizing, by special fishery
licenses or leases, the capture of salmon by nets in fresh-water streams
Boundaries of 7, The minister, or any fishery officer authorized to such effect, shall
be'del'ln'ed^'l^en" l^^ve power to define the tidal boundary of estuary fishing lor the pur-
alty for iishing Poses of this act ; and above the actual limit so to belaid down it shal
above limits, ex- be unlawful, without the special fishery lease or license above provided
cent with a rod for, to fish for salmon, except with a rod and lino, in the manner Isnown
and line, &c.. j^^ fly.gnrface fishing, under a penalty not to exceed one hundreddol- ;
lars, and imprisonment in default of payment for any term not esceea- ,
ing two months.
Distance of 8. All nets, or other lawful appliances which capture salmon, sW
nets apart, &c. be placed at distances of not less than two hundred and fifty yarffl

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

263

Further d 1 a -
taiii'omay bepro-
RcHbRd.

rroviso.

AHt<i8]>awuing
rivoiH.

Moduorkilliiif;
at certain placuit.

Salmon bpawn.

,„) without iiitonuodiiite fiHliiiijj iiiiili ri.ils of any kind lioiiif; sol, or
i,,e(l 111 iiiid iibout auy other part of iLe Htri'iuu, and drifting for huI-

„,„„ shall Ix'illeK'il- .

1), Aiiv fiHliery orticer may prescribo »Mtlicr in writing or orally on
jijtiit if •lt;«ii'i''l '"'"♦'ssary, a further distance apart to lio left lietwecni
»alii:oii nets, or otlior tishing apparatiiH, and their dinunsiouB and <,'x-
tfiisidii; l>iit gill or Hoat netH mIuiH not l>e used to lengthen, extend, or
rtilame'aiiy other kind of fishery.

Ill, No salmon shall be captured within two hundred yards of the
niouili of any tributary, creek, or stream which salmon fiequent to

II. Kxccpt in the manner known as lly-Hurfacc fishing with a rod and
line salmon shall not be fished for, caught, or killed at any artiiicial
pass or salmon leap, nor in any pool whore salmon sjiawn.

It Except under the authority and fiir the special purpose jirovided
for ill this act, no one shall take, buy, sell, destroy, use, or possess any
isaluioii roe, nor injure any spawning-bed.

LAKE AND RIVER TROUT FISHERY. '; V,>. -i/

8. It shall not be lawful to fish for, catch, or kill any kind of trou'i Not to be killed
(or "lunge") in any way whatever between the first <lay of Octobei '» <'ortBiu wayH

iamltbelirst day of January ; and no one shall at any time fish for, g"„g„ ", •'•"■'"'°
cattli, or kill trout by other means than angling by hand with hook
awl liiii', in any inland lake, river, or stream, except in tidal waters:

\Frorided always. That as artecting the waters of the province of On-
tario bucIi prohibitiona shall apply «)nly to the kind known as " speckled

I tvoiit."
2, Nothing iuthe above clause shall prevent the use of small -sized ^

I trout for the honafide purpose of baiting traps, nor uftect the taking to'flVh'^uscd' ivlr
m\ lining the same by fishermen as bait for codfishing in tidal waters, l»ail, Aio.

I uiir subject them to penalty if by accident in ioHa-/dt- fishing for her- ^ , ,.

iriugHor white-flsh by means of nets trout shall become inclosed or ', ';;''',.

[taken. ' , ; ■,. >■ ■ ,/,■.;

WHITE-FISH AND SALMON TROUT FISHERY. »

9. It shall not be lawful to fish for or catch white-fish in any manner c]oRe seasonfor
I between the nineteenth day of Novombet and the first day of December, wbitc-lisb.

nor by means of any kind of seine, between the thirtieth day of May
aud tiie first day of August, in the province of Ontario, or between the

I tbirtj'-lii'st day of July aud the first day of December in the province of

[Quebec, nor shall the fry of the same bo at any time destroyed.

2. Gill nets for catching salmon trout or white-fish shall have meshes Gillnet^.

[of at Icfist five iuches extension measure, and gill nets wifl not beset v"

I K'itbin two ndles of any seining ground.

3. Seines for catching white-fish shall have meshes of not loss than Seines,
tfour inches extension measure.

Proviso.
Speckled trout.

Exceptions as

BASS AND PICKEREL FISHERY.

10, Close seasons for bass, pike, pickerel (dort%), maskinong<5, and Close season.
lotber fish, may be fixed by the governor in council to suit diilereut

[localities.

POSSESSION OF FISH.

11. No one shall, without lawful excuse, theproof of which shall de- Piobibition to
iyolve wholly on the party charged, buy, sell or possess auy fihh named buy, sell, or bave
liii this act, or parts thereof, caught or killed during seasons when and •" "'"»'* seaHon.
|l)y means whereof catching or killing the same is prohibited by law.

'f It shall bo the duty of every customs officer, excise officer, police Certain offlcers
lofficer or constable, clerk of a market, or other party in charge of any to seize ttsb ex-
Tinarket place in any village, town, or city, to seize aud forfeit on view ?<'>*♦'•' f""" sale in
[to his own proper use, or gift, any fish enumerated iu this act, caught ^ season.
^killed during prohibited seasons.or which appears to have been killed
Piy unlawful means ; but every such seizure and appropriation, with the . ^ no tth
gate, place, aud circumstance thereof, shall be duly reported, together game. "P^"" *"*
Tiith the name, residence, and calling of the person in whose possession
Mb fish wasfojand, to the fishery officer having jurisdiction over the
Bibtrict within which sucU seizure, fo.feiture, and appropriation have
aken place.

M't-*"^-

264

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

To t)« rnailit
wtutre and in
■iinli miuiiier aw
tiHhery o 111 c « r
iiiay (let«i'iiiiu«.

Penalty for con-
travention.

Tobekeptopon,

Minlgtor may
pay one-bait' the
cost.

May couRtnict
and recover tUe
cost In certain
oasea.

Not to be ob-
structed ur in-
jured.

CONHTIIUCTION «»l' KISUW.WH.

12. Every daiii, ulidc, or other oljHtriielioii iu;roH« or in any utrejcii I
wli«'ic tlio iiiinistor may «U<teruiiiio it to bo iu)c»<8.sury for thti jMiblit
liitereot tliut a liHli-paHH hIiouUI oxittt, Hliall bo providod by tlu> owneror
occupier witli a durablo and ofllcieiit (lnhway, to bo niaintiiinid in pi^..
tical and ertoctive condition, in whatever j)hico and of wlnitcvtrl'iini) I
and cajiacity will admit of the ])aHsagc of tinh through the huiiic (which
place, form, and capacity any fmhery ofllcer may by written not ice dt-
tormiiie), niidor penalty of fonr doUarH for each day (liuinj; which any
such obBtructiou remainH unprovided with a lishway, after three davn'
notice in writing to the owner or occupier thereof:

2. rishwayH shall bo kept open and nnolmtructed and he »iii)pli(^ |
with a HulHcient quantity of water to fulfill the purposes of tluH Hiiatt-
ment, during such times as may bo required by any fishery ollicer;

;j. The minister nuiy authorize the payment of one-half ot the expensei
incurred by such owner or occnpier Dn constructing and niaintaiuiDg
any fishway ;

4. Should it be expedient to procure the construction of any lishway
pending proceedings against any owner or occupier for the penalty
imposed by this act, the minister may give directions to make and con!-
ploto the same forthwith, and to enter upon the premises with theuec-
essary workmen, means, and materials, and may recover from tlieowmt
or occupier the whole expense so incurred by action before any coraiie-
tent tribunal;

5, No person shall injure or ob.struqt any Hshway, nor do any thing to ]
deter or hinder lish from entering and ascending or descending ibenmiie,
uor injure or obstruct any authorized barrier.

OENERAI, PROHIBITIONS.

1^

■IV'

Penalty for fi8h-
ng in 1 i ni i t M
leased to another.

Kip:bt of leasee,

ato.

Proviso: as to
takiuK bait for
anKliug.

Navigation not
to be obstructed.

Stakes to be ro-
moved.

Main channels
not to bu ob-
stractud.

Proviso: as to
eel fishing.

No net, Ac, to
obstrnct entirely
tbe passage of
fish.

Kilhug fisb nt
certain places
forbidden.

13. Whosoever fishes for, takes, catches or kills fist in any water,
or alontr any beach, or within any lishery limits described in any lean I
or li' t>, or places, uses, draws or sets therein any tishiii;i; ^'earor
appai IS, except by permission of the occupant under such lease or I
license for the time being, or disturbs or injures any fishery, shall incur I
a penalty not exceeding oiu; hundred dollars with costs, or iinprinon-l
ment not excieeding two months, and the forfeiture of Hshing appsratni I
80 used, and all tish taken or caught ; and any fishery officer or any sncli I
lessee or licensee may, upon his own view, forthwith seize and remove I
any net o;- apparatus so used in treapjiss, to be afterwards dealt with I
according to law ; provided always, that the occupation of any fishing I
station or waters so leased or licensed for the express purpose of mi j
fishing shall not interfere with the taking of bait used for codflsbiug,
uor piovent angling for other purposes than those of trade audconi-
mercd.

2. Seines, nets, or other fishing apjiaratus shall not be set in such amao-
ner or in such places as to obstruct the navigation with boats and vessels, I
and no boats or vessels shall be permitted to destroy or wantonly injure j
in my way any seines, nets, or fiwhing apjiaratus lawfully set;

'i. Stakes or other timber placed for fishing purposes in any ffalal
eball be removed by the user within forty-eight hours after lastnsingj
the same, Of at the expiry of the fishing season ;

4. 'Die main channel or course of any stream shall not be olmtnictedl
by any nets or other fishing apparatus; and one-third of the comwiofj
any rher or stream, and not less than two-thirds of the main cliaunel i
at low tide in every tidal stream, shall always be left open, and no kiodl
of fishing apparatus or materials shall be used or placed therein; pro-l
vided, tiiat weirs used exclusively for catching eels, and theusageofi
mill- damn for catching eels, shall bo subject to interference only in cawl
where, and at times when, they injure other fisheries, or by conipleteljj
barring any passage shall deprive other weirs of a sliare in tlionmofj
eels, and such place, time, and circumstances may be determined by I
Jiiiy fishery officer. I

5. No not or other device shall be so used as entirely to obstrnct thj|
passage of fish to and from any of the waters of the Dominion by a
of the ordinary channels connecting such waters, or debar their pasmp I
to and from accustomed resorts for spawning and increasilig theirsppcia; I

(5. The catching, killing, or molesting offish when passing or atterajit- 1
iug to pass through any fishway, or fisb-paas, or in BurmountiDgMfj

ALLEGED OUTRAOE UPON AMERICAN FI8HERMKN.

265

iJuIimIb or If.'ipM, tlio iiHo ufmiy iuveiitioti to cutcli, kill, or inoloHt HhIi
liiitlw mill-i«<"Kl8 and watcr-tioiirm-s npitnrtoiiaiit thereto, are hereby

7. BuL'-iK'l** aiul trap-nets and I'mh-ponndM are prohibited, except
F li^f i,poci;il liceiiHeH tor capturing deep-Hea tinlieH othi^r tiian Hulnion ;
H, ItHliiiU i:(it l)o lawful to UhIi for, catcli or kill Halinon, trout (or
iiinei'")"' ""y kin<l, !naHkinou^o, \vinn(>ni(dio,i*iiHH, liar-liHli, pickerel,
Lhitflisl". iH'rnnK, or hIiiuI, by uu-aim of Hi)car, grapnel liookH, wmtn,
liir iiiHliiiK""*'' piovided, the ndnJHter niuy appropriate and iiceuHti or
llfaiteeeittiiti waterH in which certain IndiauN may be allowed to catch
'inlifiir tlii'ii' own use in and at whatever nninner and time are Hpecilled
liii tbo li<iiiiKe or leaHO, and nn.y juirmit Hpearin*^ in certain localitien;

9. N'd person whall liwh for, catch, kill, buy, hi. I, «>r poHseHH the younjf
tof auv li^l> iiiiincd in t Iuh act, or in any re^nlatiou or regulatio>?N nniler i t ;
til. St'iiH^H for bar-tiuh shall have meoheH of not Ichh than three iucheH,
Itxteuninii inoaMiire ;

11, Fisliory ollicers may deternfine or proscribe the distance between
limlmiid every lislnsry, and shall forthwith remove any lishery which
Itlieowni'r iicj^lects or roVtises to remove, and such owner shall bo, more-
lover, lialtlx tor a breach of this act, tuid for the cost and damaj^es of
|ii'iiii)viii){ the .same;

!<!. Evi'ry fascine fishery, with a box-trap {coffrt) instead of jionnd,
:ill have, acrosstbe ontsi<le end of snch box (co^'re) a wire coviM'ing or
Hiiitwoik, the meshes of which shall be at least one inch sfpiare ; but
IthisHbaii not ai>itly to eel wires during autnmn ;

IX NctH or other fishing apparattis shall not be so used as to impede
<ir(liverttlit course of lisli in any sniall rivers;

14. From the time of low water nearest six of the clock in the even-

lii)}! on every Saturday to the time of low water nearest six of the clock

liii the inoriiini; on every Monday, in tidal waters, and from six of the

\lo(:k in the evening on every Saturday to six of the clock in the niorn-

piigofthofollowingMouday, in fresh water, seines, nets, or other appa-

fcmsu.sed lor catching fish shall be so raised or adapted as to admit of

Ihe free paHsage of fish through, past, or ontof the same, for the pur-

Wof aflordiiig a free pass Irom six of the clock on every Saturday

jviMiing to nix of the clock on every follo^«'inii, Monday morning; and

diiriii;! ihiHcloBo time it shall be nnlawful to catch fish by sneli means;

■uil iiiiy li.sh so taken, caught or killed, together with the nets ot other

ipparatiiH used, shall be forfeited, iu addition to the penalties imposed

Irtliisaet.

Certain n e t •
forbiildi'ii.

FIhIi not to lio
kilUsil in certain

W11.VB.

Proviso:
IiiilianH.

IIH to

Yiiiinc of HhIi
not. to lui tukiiu.

S«inoii fur bar-
tlHh.

Distance be-
tween tlitUerieB.

FnHcino fialt
eriitH witb box-
trupH.

Nets, See, iu
Hniall rivorH.

Fish to 1)6 al-
lowed free pas-
MB^u on Sanuay.

Ami forfeited if
then taken.

IX.IL'UIKS TO FISHING GROUNDS AND POLLUTION OF RIVERS.

It, Whoever throws overboard ballast, coal, ashes, stones, or other

kwjudieiul or deleterious substances, in any river, harbouror roadstead,

|r any water where tishiug is carried on, or throws overboard or hits

" upon any tishing bank or ground, or leaves or deposits or causes

) lie thrown, left, or deposited ui)on the shore, beach, or bank of any

jtater, or upon the boach between high and low water mark, inside of

Inj tuhil estuary, or within two huiulred. yards of the mouth of any

Vlnioa river, remains or ofl'als of fish, or of marine animals, or leavee

|l*ayi'(l or decaying lish in any net or other tishing apparatus, shall

piirforany such otfense a line not exceeding one hundred dollars, or

piirisonnient for not more than two months ; and every person so doing,

phetliernia.ster or servant, and the master or owner of any vessel or

loatlnnn which snch ballast or oifals or other prejudicial substance

be tlirowii, shall severally become liable for each oii'euso ; provided,

Fays, that it siiall bo lawful to bury such remains or ofl'als ashore,

fcyoiiii high- water mark, and at establishments situated insitlo of the

watbsnt' rivers for carrying on deep-sea lisheries, to drop the same

ktoiieiforated boxes or inclosures built npou the beach, oruudei stage-

™l8, iu.such mannei' as to prevent the same from boiug floated or

Ifiltiil into the streams, or to dispose of them jn such other uiauuer aa

lay Iju prescribed by any fishery ottiner ;

yl Utile, chemical snbstances or drugs, poisonous matter (liquid or
fiiil), dead or decaying iish, or any other deleterious substance, shall
jot be drawn into, or allowed to pass into, be left or remain in any
later t're(|ueiited by any of the kinds ot fish mentioned in this act ;
pidswdnHtor mill-rubbish shall not be drifted or thrown into any
jlream tiequeuted by fish, under a penalty not exceeding one hundred

r o n a 1 1 y for
throwing over-
board v-v r t a i n
substances preju
dicial to tiiiberies.

Proviso: as to
the dispoaal of
oU'ul.

Poisonons snl)-
stances not to be
iiseU.

Mill-rubbish,
tjawduat.

26G

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN

I'mvlw) : nilli
lHl(<r iiinvuxuiiipt
Bliy Htroitiii, ic.

P •• M H I f y fi>r
hliiilliiiiK tli'im ill
I'fi'luin pliiOKN at
i!iiiiaiii tiiutta.

TrovlHO: an to
burning fur c.lDur-
uuce.

WatorB mny li«
ii»t U|utrt lor tlio
pr<>|iaf;Hti(iu u I'
IIkI).

Penalty for
trugpitHH.

LinenseHtotake
spawu, &c.

Fishery lesgees
iu uiritara.

Spocial licenneg
fur oyster beiU.

Miniflter m a y
expiind Parliiv-
niuntJtrY K run t
fur making or re-
HlookiuK oyster
budH.

Protection of
oyntei beds.

Penalty for in-
Jurini; tbeni.

Shell anb flgh-
erieu.

<li>lliU'H : I'rorUitl aliviijiH, Tliat thi^ iiiiiiiHter hIiiiII 1lilVl^ (lowtr l<>i'\i.r,||,|
fVoiii till) opiMitMoii III tliiN Hiili-Niictioii, wholly or t'roiii luiv |Hiriiijn«f
Mil) Hikiiii), any Htreain orHlrDiinm In wliii!!t ho coiiHidDrH lliul lUitiifdtiv.
iiioiit In lint i'()i|uiHito for tlii) piihlio inturtmt.

:<■ WlioDViT lit any tiino liotwoen tho lirNt dity orjiiiu) iinil thctliir. I
tioth «lay of Hi'jit«)ml»or,orany yoar, kindles, niakcHor plancH any tiri'innt 1
ni)ar any wood, troisH, brushwood, or any wild or nnciiltivaliii Imiil «(
any niaiu) north of tho UivtM- or (Inlf of St. Ijawnmro, to ihc liuiotl
north of ilio Haj{iionay Kivor, or any i>f tho iHlands In-low m tiiilnl
«a.stward of Rod Island, within tho said river or K'll'i wlit-nliy thfiit«
Biircads or extends throiif^li standing; trous, hnisiiwood or mithIi, i(j||
distance oxcoodin^ one arjieut, shall for such oll'ence inciii' a ptMialiTl
not exceodiiiK IH'ty dollars, and shall besides be resiioiisiliji; to (U
C!i-own, or whoever may lie theownerof the laud, for all damaircsmf^
sioned by such lire : I'roridmi, That nothing herein eontuiniilshuHprr.
vent ]iroprietors or those having licenses to cut timber or wooil, from
burning the wood, trees or briishwoiul on their Uivn land, oroMii:rwiw
usinu lire to clear thoir lauds without injury or prejudice tu their |
neijjubors.

MISCELLAXROUS PROVISIONS.

15. The minister may authorise to be set apart, and to bo leased, mj I
river or other water for the natural or artihcial propanatioii u( y';!
and any person who willfully destroys or injures any placcset aparldrl
used for the propagation of iish, or fishes therein without writt«a|ii't'|
mission from a lishery officer, or from the holder under lease or licfiw,
or uses therein any tishing light or other implement for iisliin;,', (liiriu'l
the jieriod for which such waters are sot apart, shall incur a tine n
exceeding two hundred dollars, or iu default of payiuout, slia'l Wiinl
prisoned for not more than four months:

2. Nothing contained in this act shall preclude the gruntiiij^byihel
minister of written permis.sion to obtain fish and fish spawim, fori
poses of stocking or artificial breeding, or for scientific purposun;

3. Lessees or licensees of fisheries shall have no claim to renew. il of I
leases or licenses, if in arrears of rent or percentage during loiinmniilu [
after tho same is due, and any lessee or licensee convicted of an iul'nic-
tion of this act, or any regulatiou or regulations under it, sliiill bo liable |
to forfeit his lease or license ;

4. Special licenses and leases for any term of years may be granted I
to any party or parties who may wish to plant or form oyster bedsio I
any of tho bays, inlets, harbours, creeks or rivers, or between imyoll
tho islands on tho coast of Canada; and the holder of any hiuiIi \m\
or license shall have the exclusive right to oysters produced or foiiiid I
on tho beds, within the limits of such license, for the term of biicIi|
lease ;

5. The minister may authorize to be expended annually any mm .ippw I
priated by Parliament for the formation of oyster beds iu various wattu I
and places found adapted for that purpose, and transplanting oyitt«n, I
and towards restocking exhausted fisheries by natural or artiticiiii
means, and t« improve streams where natural obstructiouH exist, and I
may authorize the construction, erection or placing of any iirtirieiilj
barrier or grating in any stream or river, or in any watercourse, aiidii[
the channels or beds thereof; *l

6. With a view to protect the oyster beds in different iiartsoftJKJ
bays and coasts of the Dominion, it shall not be lawful for any persool
to take oysters, or in any way to injure or disturb such oyNter beds j
except duriug times and on terms permitted by regulation or regiil* I
tions under this act, under a penalty of not more than one Lumlredj
dollars nor less than forty dollars, together with tho forfeiture of tin j
vessel and all tho apparatus employed therein; and in default of |ia,v
meut, the party convicted shall be imprisonoil for not less thau uMJ
month, nor more than two months ; I

7. Shell-fish fisheries shall besubjectto the provisions of this act, ai«i|
any regulation or regulations to be made under it.

FINES AND FORFEITURES.

Penalty in cases 16. Except for offences to which penalties are already attached, e«;l j
where no other is and every oft'ender against tho provisions of this act, or the regal*!
provWed. tioua under it, shall for each offence incur a fine of not more tlmf

RRMEN

ALLEGED OUTRAGE UPON AMERICAN PLSHERMEN.

267

from iiiiv liiiriKinnl

tM-H thill llHI'llfdtiy. I

fjiimi niid tlit'iliif.
•liliii'.eHiiiiyllrciiiiiil
KMiltivati'il l;uiil, u

IMII'O, to till' l';l<|iir I
<Ih luilow Of til llf

ilf, whcrcliy thiiiiJ
wood or .scriili, tm

nC« illCMC li |M'l|;||lV

I reHpoiisililn to ilif I
ir III! *luiiia;;i's iii'u.
<;(>iitaiiii-(lHlmll{in'.
inher or wnod, iiimi i

II laml, or oHirrwi*
• proj 11(1 ice to tlini

,iul to b(( l(«as«l, anv |
)ro))ii|^ati(>ii (if li.ll
iiy plucuKot aiiarliit|
vitliout \vritt(Mi|iir-
ider leiiHo or liwiw, |
it for lisliin;;, diitiiij
hull incur u Hue not I
lyiuoul, hUu'I be ill!'

the grantin;{l)ylli(|
lish HpawiiH, forpiir-
itilic piirposeH;
claim to rune«,ilo[|
sdiiriu^ I'oiiniKiiilIu I
iivictwl (if ail iiil'nit-
der it, nhall bu Habit I

lars may hfl granteil
form (ly.slor lieiUial
or betWHon any oil

(ir of any hih'Ii lea* I
prodiic(Mlorfonuii|

)r tho t(iriii (if Slick

lallyanycnmappw-J
Is in various watfcrt I

ansplanting oysters, I
atural or artitici»lj

tructionH exist, a

_ of any artiliciii 1
waterconrse, auitiil

litieront partsofttej
wfnl for any pewo]
b such ()yHt(!r liei^ |
ogulation orrepil

thau 0110 liumireil |

ho forAVitureofl

in default of (iiy- 1

not less tliau ii«j

iionsof thisact,andj

eiitv ilol'iti'H, bfsidcN all cohIn; and in default of {layiiu-iit of oacli
ne abuli Iki iiiiprlHoiK^d in each mim^ for not Ichn I ban eight dayH, and
iit'i'Xct^(Hliiig Olid month; provided, whonovcr it hIiuII appear to the
■tmrai'tioii of tho convicting niugiHtmtu, that tho otfenHo liaH been
ommitted in ignorance of tho law : and that bucauHoof tho poverty of
lie ilefi'iidaiit, tho penalty impoHod would be opproHHivo, a (liHcrotion-
iry mtvift may be exurciHcd ; and any ItHliery ollicer or other magiNtrato
nay i{raut a warrant of diHtreiw for the amount of line aud coHtH im-

wed ill any t"i«> i
i'lic (;(aitraventi()n on any day of any of the provinionH of this act,

/(if any regulation made undeV it, shall coUHtitnte a separate oll'euce,

Jill may be punished accordingly ;
;i. sliould any defendant have goods and chattels whercou tho costs

juiv bu levied, the com]>lainant may distrain for the amount under

rarnmt by any lishery oHl(!er, or other magiHliale, notwithstanding the

Diirisoniiieut of the party convicted aud lined;

4. All materials, implomouts or appliances used, and all fish had la

(julrareutiou to this act or any regulation or regulations under it,

tall be eeiiliscated to Her Liajesty, and may bo seized and (roullscated
I view by any fishery oflicer, or taken and removed by any person for
.livery to any magistrate, and tho proc(«(!(ls of dispoaal thereof may
Bajiiilie'l towards defraying expenses iiuder this act ;

[5, One moiety of every line or penalty levied by virtue of this act,

kail belong to Her Majesty, and the remaining half thereof shall bo

lidtutlie prosecutor, togetlicr with the costs taxed to him for atteud-

nee as a witness, or otherwise ;

hi, Her Majesty's share of each line or penalty and all [iroceeds derived
»m the sale of contiscated articles uudor this act, shall be paid to tho
iceiver general through the department of marine aud tlsneries, and
tapplied towards tho expenses incurred for the protection of llsher-
e; and persons aggrieved by any such conviction may appeal by pe-

jtiiiu tu the minister, who shall have power to remit linos aud restore

Irfeituri's under this act.

MODE OF REOOVERT.

1 17, Each penalty or forfeiture imposed by this act, or regulations
wl« under it, may be recovered, on parole complaint, before any flsli-
roflicer, stiiiendary or other magistrate, in a summary manner on tho

btbnf one erediblo witness;

h. Tbree days shall elapse between the serviceand the return of sum-
oiis to any defendant for the lirst live leagues, and one day more for
«h additional live leagues of the distance between the place at which

lesiiu'uious is dated and the place of service: I'rovided, That when it

leipedieut to proceed against a defendant without delay, auy lishery

nicer or other magistrate may issue a summons, returnable immedi-
«ly,to compel the defendant to appear before him forthwith, or may
biie a warrant for the apprehension of such defendant simultaneously

jith the summons ;

13, Penalties incurred under this act, or the regulations made under

\ shall be sued for within two years from the commission ofthoof-

jnce;

|4, When not otherwise specified, every proprietor or proprietress,
yuer, agent, tenant, occupier, x'sirtner, or person actually in charge,
[ther as occupant or servant, shall be deemed to be joutly and sever-
By liable for penalties or moneys recoverable under any of the pro-
|»ioii8ofthisact or any regulation or regulations under it;
' No proci'eding under this act or un(lcr any regulation or regula-
fcus made under it shall be dismissed, and no conviction thereunder
all lie ([Hashed for want of form ; nor shall any warrant of arrest or
Timitmciit be held void by reason of any defect therein, provided it
[tlierein alleged that the party has been convicted and there is a good
I valid conviction to sustain the same.

I'lovlno: d 1 H-
(Tutliinury power
ill c«rtulii ua««s.

S(f])arate ofTence
oil uuvh iluj' .

DUtreas for pen-
alty, Scis,

Forfeiture o f
artlules used .iu
coutruvoutioii of
this act.

Approprintlnn
uf pucuDiarypiiu-
altloH.

Iluw tu be ap-
plied.

Appeal tomln-
iater.

Before whom to
bo sued for.

Service (if sum-
mons, iLO.

Proviso f o r
cases not admit-
tiug delay.

Limitation of
suits.

Who shall be
liable.

No qnaah i n g
for want of form,
ico.

■eady attached, fjck I
act, or the regul*!
) of not more tliMJ

POWERS OF FISHERY OFFICERS AND OTHER MAGISTRATES.

3i8. Any fmbory officer or other magistrate may convict upon his Fishery officer
^ view of any of the ofl'ences, both as infractions and for non-com- "o^-V convict on
!»Dce, punishable under the provisions of this act ; and shall remove, '""'•

m^m

I" it -f

( »

fitt i

\-

M J!

>l.t. '

268 ALLEGED OUTRAGE UPON AMERICAN FISHERMAN.

or ciuiso to bo removed iustiuitly and detain any uiatcriaLs ilWalK ii I

Miiv f, a II H o 2. Any ii.sliery otticer or oilier niagiHtrate may .search, or nIihH mu
■earohtobeuiado. a warrant to have HeareUed, any veBsel or phice where thtni in caiim to
believe tliat any lish taken in contravention of this act, or anythir,,
used in viohition thereof may beconcouled; '

In what locality 3. When any otfciice uu(h'r this act in committed in, upon op Hf,,
to be pioaecuifd. any w ater forming the bonmiary betw een dlllerent connticH or (iJHtrici.
or iinhery districtH, Hneh oll'enee may be prosecuted belbm luiy iiiii.ijj!
trate in eiHier of Huch counties or diNtricts, or before the (i.sluirj' 0%
for either contiguous fishery district;
Kifrhtofflslioiy ^ I" the discharge of liis duties any fishery olflcer, or any otlici pet.
ofllcer to i)a«'» son by him accompanied or authorized to such eticft, mayCnter iiiioii
over lands. f^^^^l p^^^ through or over private property without being liable lot

trespass ;
Disnntis as to 5. Disputes between parties rolativn to lisliing limifs or claims i,
" '"• fishery stations, or position and usage of nets and other iishiiijj !ij)|i;iij.

tns, shall be settlecl by the local fishery ofiicer;
GnTTy-j?rouiicls. 0. Gurry-grouuds may be designated or defined by any fishery ollicof
Curtain officers 7. Any fifuiery ofiicer, sf ipeudiary magistrate, or commissioiiJ'd oilice!
iu tlio Canadian of Her Majesty's Navy, on board of c ay vessel belonging to 01 >,bart rn| I
havo"maK?HT«ril'l Vy ^''*^ Canadian Government, employed in the service of piotettitg
powers u n dor I'sherit .,, and each comiMissioned ofiicer of Her Majesty's Navy scrviD
tliisact. on board of any ves.sel crnisiiig and l>eing in the waters, liarboiirnoii

ports of Canada, for the purpose of atibrding protection in IlerMitjestj'il
subjects engaged in the fisheries, and to enforce any laws relatiiijj to {
such tisheries, shall exercise magisterial powers in all the waters, hat- 1
bo'urs or pvts, and on all the coasts of the Dominion of Canarla wiietjl
for the time being and for the purposes above described tlieyaipsl
engaged, without property qualitication, and without taking aiiyoalli|
ofotlice;

Seiznros li?w g_ Seizures made by any fishery officer, stipendiary iniij;istrati'cr|

to b«« dealt witl). r^^^ygj „|]ic,,j.^ go acting as aforesaid, may be taken for disposal to tht I

nearest or most convenieut port where there shall reside any rcveiiinl

ofiicer or other public ofiicer empowered to dispose of the ea.'so;

Powers of fisli- 9. Whenever it may be impracticable for any fishery oHicei, stipeii' I

ery olHtjer, &c., diary magistrate or naval ofiicer acting in sucli capacity, to i^aiisc anj j

J[(' H'rjl^f^J,'"" prisoner or prisoners to bo conveyed to, an<l committed to tlieuiart^j

wlien he cannot common gaol, bo shall have power to detain him or tlieni 011 boarddj

i'ouvey them to the vessel, or transfer him or them to another vessel for ronvcysnttl

K"**'- and delivry at the most convenient place, and wit.h all <()HveDieDl|

dispatch, where be or they can be duly committed into tl'.e I'li.slddyofl

the sheriff or other ofiicer of the county or district in which the comiiion [

gaol is situated, to which he or they shall be order d to l)e coiuiHiitrfif

and until such prisoner or jirisoners shall be so delivered into the iiii'|

mediate custody of any sheriff or gaoler, the fishery ofiicer, stii)eiidiar;j

magistrate or naval officer having him or them in charge, shall ba\eiiil

all parts through which it may be necessary to convey any prisnuerotj

))ri80uers, the same auth<"itv and power over and in regard to sncli j

jierson or jiersfji's and t* eommand the ai<l of any of HerMajesty'iis '

jeets in preventing his or their escape, or in retaking him ortlieraiBJ

case of escaue, as any county or di.strict sheriff or peaceoliicciwoQliiJ

have while lawfully conveying a prisom^r from ono jiart to aiiotbcrolj

his own district;

Where the of- If- The offence for which am' person or persons may h<! ho PonlIIli^|
fence shall bo ted to any common gaol shall always be hehl to have taken placeiil
held to have been the county or district to the coinmou gaol of which the coininitnieiilj
committed. ^^^^ jjjj^jy aetiialey made.

I'ltOVINCIAI, ;

20. The follow

F'SHKUY IlKGULATIONS.

Ciovemnr
('. o II u e 1 1
make 11 a .
it>KiilalioUH.

in 19. The governor in council may from time to time make, amifroiil
'""•V time to time vary, amend or alter, all and every sueli regulation orngo-l
'^^ lations asoiiall be found necesnary or deemed expedient for thoWWl
management and regulation of the sea-coast nnd iulaisd fislicrii'.s.trtpnjl
vent or remedy the obstruction or pollution of streams, tor('guliit««M|
prevent fishing, to prohibit the destruction of fisli and to forbid tiiJiinjl
except under authority of h!asesor licenses — every of which regulatiWl
shall have the same force and effect us if horeiu contained iiinl*r

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

269

|»cit!il iiotwitliHtiUitliug that such regulatious may extend, vary or alter
I ,iy„f tliti piovinionH of this ",cfc rospectiiig the jduccH or modes of I'mh-
liu^ or the tiTiiiH H])ecitie(l as ])rohibile(l or cIomu ueaHuuH, ami may fix
Lutii othisT modes, times or piaeew as may be deemed by the governor
[ill coiiii'ii to bo adapted to different localities, or may bo thought other-
Kisi expedient;

0 flu; piiliiicatioii of such regulations in the Canada Gazette, shall
llic siitlicii'iit notice to give legal ellect to tbt^ same; and tjje production
Ict'a wijo "t a paper purporting to be "The Canada Gazette,'' an«l
Icontuinins '"'y '^"•^'' regulation or regulations, shall bo admitted as
liiiiliiiMi sutiicieut evidence of the same in all courts of law or equity iu

'iiiiiidu;

:(. Every otlVnce ngainst any regulation or regulations made under
[(ills ait niay bo stated as iu contravention of the lisheries act.

And may there,
by vary uertain
proviHiuuHuf ttiiti
aut.

PiiMication and
proof uf regula-
tiuuii.

StatitiK of-
f'<4 u V. o 8 againat
this act.

ProviHO: as to
certikiu rogula-

N. B. 23V.C.62.

N.B.26V.C.e.

N. 15.30 V.C. 14.
Proviso: H.8 to
('^Illations ii n -
, der it.

pitOVINCIAI. At;T8 AND KKGUX.ATIONS KKrKALKD OR CONTINUED.

20. The following acts and parts of acts are hereby repealed : Acts and parts

The act piissed i)y the legislature of the late province of Canada ('2'.) Can. 2'J V.C'.il!
iTItt., <liiip. 11) intituled au act to amend chapti-r sixty-two of tlio
[(jiiHolitliitcd .Statutes of Canada, and to provide for the better regula-
Iticiisiif tisliing and protection of fisheries, and also the several sections
tit'iliowiid sixty-stcoud chaj.'er of the ''oiisolidated Statutes of ('anada
Jthcrcin excepted from repeal : I'rovid >! always, that the regulations
of *tii May, 1859, adopted undc^r chapter tJ'i of the said Consolidated tTous!
Igtiiliite.sof Caij (la, and relating to lisheries at and anvind the Mag-
dalen Islands, and the regulations of 4th August, 18(if), S)th August,
jHiti, iiikI "Jlith A])ril, lH{i7, adopted under th<^ Statute 20 V ietoria, chap.
|ll,»liall continue in fonie in the'jUovincesof Quebec anil Ontario, until
niK'iidedor siiperbed(!d by other regulations under this act:

he act j)».s8ed by the lejri.slature of th») province of New Hrunswick
i(L':! Vicl., ch!ip..^)'.i) intituled ail act relating to the fisheries of the county
ol' lirstifioiiclie ; . ' .

The act iia.s,s(ul by the said legislature (2G Vict., chap. C) intituled an
|b('I iclaiing to the coast an<l river lisheries ;

The act |)a8sed by the legislature (HO Vict., chap. 14) intittdedan act
|tnoiic(iiiiage th.. formation of oyster beds ; but any regulation or regu-
liiiitiiisiiiaili^ under either of the three last mentioned acts, and not in-
lidiisisteiit with the ))rovisions of the j)rosent act, shall renniiu in force
liiitiie province of New Hrunswick until amended or superseded by reg-
liaiion or regulations to l.e made under this act, and shall be subject
[liii'very resinct to the authority by this act vesttMl in the respective
jishcry olliccrs appointed under this act, who are hereby enipowered'to
^iil'orcc tlio same,
'.il. The following acts shall continue iu force iu the provinces of New Acts continued
6rau8 .:ik and Nova Scotia: '» N.IJ.aud N.S.

i All act i)a8sed by the legislature of the province of New Brunswick N. B. 10V.'^\«9.
|1() Vict., chap. GD) intituled an act relating to the coast fisheries, and
lor !hc prevention of illicit trade :

ChrpteriM, Revi.sed Statntcs. third series, of the " coast and deep sea ^"^^ S. Koviged
Bislieries," as amended by subseiiuent aetjj of th.* legislature of Nova *'"''•'"• '''*•
tecntia: I'lovided always, that such fishery oUicers as may be (ssjiecially I'roviHo: cer-
iEailKiweied in that behalf by the governor in council, shall also exer- tnin powers uii-
Itise tlie powers by the said rijcited a-ts and chapter of acts vestecl in '^'7,,xo,c'ised'"by
pnciiiie and other ollicers, sherift's, magistrates, and all penalties and UHliury otticurg. '
yoifi'itiircN iiiipo.sed under the same shall be paid over to the receiver-
Ktiu'iiil tlirougli the d(>partm(uit of nnirine and lisheries to bo applied
llowards the lisheries protection service in like manner as other lines au<l
piuliscations under the present act ;

Chapter 115 of the Revised Statutes of Nova Scotia, third series, "of S'wno, C. 95.
pivcr lisueri(!8 ; "
'111' act (28 Vict., chap. 35) intituled m\ act to aniend chapter l»r> of N. 8. 38 V.C.35.
'ij' lievised Statutes, " of river fisheries; "

lh«act('.i<j Vict., chap. 35) intituled an act to amend chapior 04 of N. S. 28 V.C.35.
peKoviHed Statutes, " of the coast and d(!ep sea fisheries ;"

j Tlio act (ai) Viet., chap. 3G) intituled an act to amend chapter 95 of N. S. 29 V.C.3«.
Jbo KeviBcd Statutes, " of river fisheries ; "
And all regulations adopted in pursuance of the said chapter of the And roRnli'.
MKoviBed Statutes or of the said acts amending the same shall re- Uounanrtertbem

PFW

HP

270 ALLEGED OUTRAGE UPON AMERICAN FISHERMEK.

Proviso: as to
tbe exercise of
pnwerH under tlie
Miid acts.

Fishery oflicerH
may pertorm cer-
taiii ifaties.

Fisheryofflcors
to exercise pow-
ers tinder llev.
Stat. N. S.,c)iap.
103.

As to penalties
under tlio said
acts.

main in force until amended oi Huperseded by any regulation or reor
lations under thi^ act ; ^

Provided always, that tbe powers and duties in the above nainwi I
chapters and acts devolving on the governor in council under tbe wid I
acts, shall voHt in (hi) governor of Canada in council, and tlmpowfirsaDdl
dutifs belonging to the general or special sessions, and the griiMd jiirt I
shall, as aflfocts the making of any regulation or rogulatioiiN, ordirofl
orders, be vested in the governor-general in council, and as affectijJ
the appointment and control of fishery inspectors or wardens, ami ili»|
declaring of exemptions, shall vest in the minister; and any tislifrvof.!
licer or ofiScers appointed under this aet shall fultili tliodntiosof lisiiervl
inspectors or v;ardeus, and exorcise the lunctions which l3y thenai
above recited chapters and acts attach to justice and sherifl's, for all tl
purposes of the aforesaid chapters and acts or any such regulatJDu on
regulations ;

Each and every fishery officer shall also exercise the power and m.i
form the duty assigned to commissioners or overseers of river tishcriejl
by the second section of chapter 103 of the Revised Statutes (thirdl
series,) of the province ui" Nova Scotia; S

22. All fin(!8 and penalties levied under the several chapters and acul
recited, or under any regulation or regulations referred to in the twjl
next preceding sections, shall be disposable in the same manner aai'l
imx)osed and levied under the present act.

FORMS OF rROCEDURE.

Torms of pro- 23. Forms of proceedings, or(^!r^ and notices used under this actaojl

Sis act* """^ regulations, may Tor respective processes be in the form? oreHcribediij

the chedule hereunto annexed, or in any other form ; and in other ».|

spects the laws relating to sunnuary convictions and orders shall apjtljj

to cases under this act.

Short title. 24. Thin act shall be known and cited as Tlie Fiaherm Act.

Schedule A.

Form of complaini.

Province of ,

County (cr District) of t

This day of , 18 :

To J. S., a justice of the peace for the said county (or district) :

A. B., of , complains that C. D., of , hath {state the offence hr^ejl^|'^n^

intelligibi- terms, with the titne and place at which it icas commiihd,) in contravontinnii'
the fisheries act : wherefore the complaimant prays tuat judgment may begin
against th) said C. D., as by the said act provided.

(Signature) . . ^•

Scuedule B.
Summo,i8 to ^efcvdanl.

Province of ,

County (or District) of ,18 i

To C. D., of , &c. :

Whereas complaint has {thisday) be"n made before me that you (state theoffm^
the words of the complaint, or to the like effect) in contravention of the (islierien Kt|
Therf fore you are hereby commanded to come before me, at on the day of
at o'clock in the , to answer the said complaint and to be dealt with acconi|

ing to law.

Witueas mj baud »nd seal, this day of , 18 .

[L B.j

<7u8(tc« of the Feace for

\l'orm of warrant of

^.

ALLEGED OUTRAGE UPON AMKBICAN FISHERMEN.

271

SCHBDULB C.

Stthpwna to a witneaa.

IProvin'ce ok ,

County {or Disfnct) of

, &o.:

[Til K. F., of

WkeroiiH coiiipluiut haH been made bot'ure niu that C D. {state the offence as in the
^miuiiioHc), aud I am infi)rmed that yon can give material evidence in the case: There-
kw vou are coiiiinanded to appear before mo, at

o'clock in the
jtiiuiplaiut.
WituesH my hand aud seal this

on the day of , at

, to testify what you know concerning the matter of the said

day of , 18

SCHEDULR D.

J. 8., [L. 8.]
{as in summons.)

Form of conviction.

PlIOVlXCK OK ,

County (or District) of
Bo it rt'ineinbered, th it on this

diiy of ,18 , at

in said county {or

llsiri(t), C. 1)., oi is convicted before me, for that he did, &c., {slating the

fi'iii-f hriejiy and he time and place w lere committed,) in contravention of the lisheries
,(t; iiiul i udjmU'.e the said C. D. to forfeit (and pay) tlie hiiiu of (or mention

I ijilnij forfeited under this act), to bo applied according to law, and also to pay A.

, I (he ('omplaina }t) the sum «)f for costs :

' {If the penalty l)c not forthwith paid idd"^, and the said C. D. having failed to pay tLa
iiiii penalty and costs forthwith after the said conviction, 1 adjudge liim to be com-
hittid ti) and imprisoned in the common gaol of the county {or district) of
jiirtbB period of
I Witutiss my Iiaud aud seal this day of , 18 .

'1 ' J. S., [L. s.]

{as in summons.)

Schedule E.
iFom of warrant of commitment for non-payment of penalty or forfeiture and costs.

pilVIXCK OF ,

Count}) {cr District) of
B tile constable and peace oflScers of the county {or district) of aud the keeper

of the coir.mon gaol of the said county {or district), at :

[WiiereasC. 1)., of , was on the day of 18 , convicted before me,

hat ho, &c. {as in convic,tio7i) and I did thereupon adjudge the said C. D. to forfeit
nlpay to A. H.,&c. {as in conviction) ; Aud whereas the said (J. D. hath not paid the said
fciialty or t'ovfeituie and costs; Therefore, I command you, the said constables .'ml
pee olBceiH, or any of you, to convoy the said C. D. to the common gaol for vho
of , at and deliver him to the keeper thereof with this

larraiit ; and I command you, the said keeper of the said gaol, to receive the said C.
° iutujuur custody, and keep him safely imprisoned in the said gaol for the space of
\ , aud for so doing this shall be your sulliciont warrant.

|\Vitiie8s my hand aud sea), this day of , 18 .

J. S.j [l. 8.]
{as in summons.)

272 ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

I -■

38 ViCTOIUA.

Chat. 33.— A.N ACT to amend " The FishorioB Act."

(Assented to 8tli April, 1875. )

Hor Majesty, by and with the advice and consent of the Senato
llonseof Commons t)f Canada, enacts as follows:

1. The lirst snb-seciiou of tlio seventh soetion or the act passed
the tliiity-lirst year of Her Majesty's reijjn, and known ;is "The Fiji
eries Act," is hereby repealed, and the following shall be mibstitii
in lien thereof, that is to say :

"7. Salmon shall not be iished for, c;iii<;ht, or killed, l)ctwetii tiJ
thirty-fir.stday of July and the tirs^day of May, in theProvinceHofO
tario and Quebec, and in the river liestigonche; nor between Miofift^.e5Ji|
day of Angnst and the first day of March, in the Proviiicos of Xel
Brunswick and Nova Scotia; Provided always, that it shall bo JaJ
ful to lish for, catch and kill salmon with a rod and line, in tlie i
uer known as tly-surface fishing, between the thirtieth day of hA
and the thirty-flrst day of August, in the I'rovinces of Ontario aJ
Quebec, and between the lirst day of February and the liftwiithdai
of September, in the Provinces of New Brunswick and Nova Scotia,'

2, The second sub-section of the seventh section is heroliy rfipoaiedl
and the third and following sub-sections of the said sevtinth scctij
shall be read as the second and following sub-sections of the saiilsevenl
section of the said act.

'.i. So much of the twenty-iirsfc section of the said act ascoutinnesil
force in the Province of Nova Scotia, the Revised Statute of Nova Scotii
" Of River Fisheries," and certain acts of the legislature of the Pro^
ince of Nova Scotia amending the same, as in the next section mi
tioned, and all regulations adopted in pursuance of the said chapid
of the said Revised Statutes, or of the said acts amending the same, all
hereby repealed.

4. The following statutes of the legislature of Nova Scotia are hen
by repealed, that is to 3ay : i

Chapter ninety-flvo of the Revised Statutes of Nova Scotia, liiiij
series " Of River Fisheries." 1

The act (tsventy-eighth Victoria, chapter thirty-five) iiititnlwl"Ai
act to amend chapter ninety-live of the Revised Statutes 'Of Eirl
Fisheries.'"

The net (twenty-ninth Victoria, chapter thirty-six) intituled "Ana
to amend chapter ninety-five of the Revised Statutes 'Of River FislJ
eries.' "
Saving clause. But the repeal of these acts shiiU not revive any act or provision 5
law repealed by such acts or any of them, or prevent the oti'ectofa
saving clauses therein, or atlect any otfenco coumiitted, peualtj,
liability incurred, right acquired, or act done before such repeal, as tl
which the said acts and any regulations made under them sliall remai
in force.

Preamble.

Subs. 1 of 8. 7,
oi;U v., c. 60, IB-
pisalcd.

Close seaBou
for rialmuo.

Proviso as to
fly lisbiug.

Subs. 2 re
pealed.

Repeal of part
of 31 v.. c. 60,
coatinuiug acts
hereby repealed.

Acts of N. S.
repealed.

36 Victoria.

Ciur. 65.— AN ACT for the better protection of navigable streams and riveii|

(Assented to 2:kl May, 1873.)

Preamble. Whereas it is expedient to i)rovido for the better protection of nd

gable streams and rivers, therefore, Her Majesty, by aiul i-ithtbear

• vice and (consent of tlie Senate and House of Conmions oi Caiiadj

enacts as follows:

No sawdust, ^- From and after the passing of this act no owner nor teuant of a

&c., to be throwil saw-mill, nor any workman therein, norother person or persons wtoi

Into navigable ever, shall throw or cause to b'i throw, or suffer or permit to be throw

streams. g,,^ sawdust, edgings, slabs, bark, or rubbish of any descriptinii wiif

Hoevcir, into any navigable stream or river, either above or below tl

point at which such stream or river ceases to.be navigable.

Penalty for '^- Anj" person or i>er8ot',svioliitiuf{ the preceding sections HUslIlwli

contraTeiiingthia bio, ior the first offence, to a tin o" v,r>t less than twenty doliurs,t:

act- for thr second and each subao;iaL.ii c; • ' - 'o a tine of not lesstlK

ALLEGED OUTKAGE UrON AMEIIICAN FISHERMEN.

273

[fiftv ilullar.s, which lino shall ho recoverable KUiiiiiinrily in the same
Iniaiiueraspiovitled forthorecovery of peniiltiesby "The FishciiesAcfc."

i. It bliJiII Ijt' ll't> <l'ity of tl>o several fishery otticers to examine and Fishery ofBoerB
Iroiwit on tliK conditiou of the navigahlo sf.reains and rivers under this to enforce thU
Ijtt from tiiuo to time, and to jtrosocnte all ]»artios contravening the act.
;ermsoftbis act, and such ollieers shall, for enforcing the nrovisions of

Lrpnsen by

ti^act, liiivi^ and exercisti all the powers conferred upon fliem for like

.nrpnseH by "The Fisheries Act."

4, Provided, always, that when it cun he shown to the satisfaction of ^'xcmi.tionii iiy
m LTOveriKir in council that the |)ul»lic interest would in)t be injuriously JII^Lf^na'"" "

Bbe M^''-''""'"

fleeted llienhy, (he governor in council shall have power, IronJ time

Botimc, by pr'"^'"'i"'i'''on in the Canada Gazette, to declare any such

Itreain or river, or part or parts thereof, <>xempted from the operation

fcf this act, in whole or in part, and shall also have power, from time to

Be, to revoke the same.

certain cases.

No. 12.

FISHERY LAWS OF NEWFOUNDLAND, 1879.

CONSOLIDATED .STATUTE.S.

CuAPTKR 102. — Of the Cuait Fisheries.

BCTIOX-

[l. Herrinp not to be caufiht between

•.'Olh Oct. and 12th April. Seine,

how to 1)0 used.
.. Time for use of and size of net.
1 3. Injuries to uots and sfiues.
ii Herring not to bo liauled for bait be-
\ twccu 20tli April and 20tli October.
[5. Spearing or Bwoeping witli nets or

Beiufs for salmon above tidal waters

unlawful.
|(. Stake, seine or woir, unlawful.

. Milldanis and otlierobotructions.
|(. Meah of salmon net.
|(. Salmon Ixiugbt or sold in close time

forfeited.

Section—

10. Distance between salmon nets.

11. Time for tailing salmon.

12. I'onalties.

la. Weir, &c., erected contrary to law
may lio destroyed.

14. Porlelturcs ami penallio.'), how re-

covered.

15. Appropriation of same.

10. ConvictiouH not to be quashed for
want of form.

17. Governor may appoint superiutend-

ant of fishery and fishery war-
dens.

18. Keservation of treaty rights.

|l. No person shall haul, catch, or take herrings by or in a seine or
krsuch coutrivance on or near any part of the coast of this colony
^of its dependencies, or in any of tlie bays, harbors, oi other places
lereiii, at any time between the 20th day of October and the 25th
kvol' April in any year, or at any time use a soinc or other contriv-
pce lor the catching and taking of herrings, except by -.vay of shoot-
jaiul forthwith hauling the same: Provided, that notiiiug herein
lutaiucd shidl prevent the taking of herrings by nets set in the ".«ual
lit customary manner, and not used for iubarring or inclosing lu rrings
laeovo, inlet, or other place.

III. No person shall, at any tiuu^ between the 20th day of December
ill tile Ist day of April in any year, use any net to haul, catch, or
Ike hoiriiiKH on or near the coasts of this colony or of its dei)eiulencies,

1 any bays, harbors, or other i)laces therein, having the mokes,
jislien, or scales of such not less than two inches and thrtHj-eighths of
lincliatleaHt, or having any false or double bottom of iiuy descrip-
b; nor shall any person })ut any net, though of legal size mesh, upon
Ikliind liny other net not of such size !ncsh, for the purpose of catch-
Hortaldng such herring or herring fry passing a single net of legal-

emesh.

pi No person shall vrillfuUy reirove, destroy, or injure any lawful

« or seine, the property of another, set or iloating on or near the coast

Ithis colony or ILs dependencies, or any of the bay.s, harbors, or other

Vr therein, or remove, let loose, or take any iish from such seine

■net.

pV. No per.soii shall, between the 20th day of May atid the 20th day

|Oetol;r ill any year, haul, ctitcli, or take herriugs w other bait for

wtatioii, within onemilw measured by the shore or acrc,^sthe water
[my settleinout situate between Capo Chapeau Uoiigo and I'oint

"ngee, near Ca^ie Ray; and any person so hauling, catching or tak-
liwithiuflh' said limits, may l>e examined ou oath by a justice, otiftcer

S. Ex. 113 18

'Jerring not to
h) caught be-
tween 20th Oct.
and 12f.h April.
Spine, how to be
used.

This section re-
pealed, 42 Vic,
Oh. ii, § 2.

I

Time for use of
and size of net.

Iiuurieatoiiets
and seines.

Ilerrinc not to
bebiiuloilforbait
between 2 <> t h
April Hiul 20tU''
Octoliir.

AuiiMided :i 0
Vic, Uh. 6, § U.

mi

ALLEOEl) OUTRAGE UPON AMERICAN FISHERMEN.

SpeariDK or
SwoepiDK w i t li
notsorBuines J'nr
nalmuu abnvo
tidal waters un-
lawful.

Stake, seine, or
weir unlawful.

Roi) 0 a 1 0 <1 .'J8
Vio.,Cli. 7, n-

Hill'dania aud
other obstruc-
tions.

Repealed 38
Vic.Ch. 7, §2.

Mesh of salmon
net.

Repealed 38
Vic, Ch. 7, § 7.

Salmon bought
or sold in close
time forfeited.

Distance b e -
tween sahtion
nets.

Time for taking
salmon.

of cuHtoms, or person commissioned for the purpose, as to whethettlnl
liorriiiffs or otlier bait are intended for exportation or otherwise,
refusal to answer, or ansA ring untruly, such person sliall,onconvit|
tion, be subject to the pn -tions of the twelfth section of thi8 chapte I

V. No [)er8on shall, by h arinjj; or sweeping with nets or Ktiucs talJ
or attenii»t to take, any salu; i j^rilse, par.or trout, in any hay, riv i
stream, (;ovo, or water-course, above w^liere the tide usually risw aiii'J
falls, or in any pond or lake.

VI. No stake, seine, weir, or other contrivance for taking siiIum
except nets sot or placed across, shall be set or placed in uuyriverl
stream, cove, lake, or watercourse. No not shall extend more tbiii\0Dj
third of the distance in a straight lino across, and all nets Nlmllbcidl
only on one side of such river, stream, cove, lake, or watercoiirHc.

VII. No person shall construct any mill-dam, weir, rack, frame, train.!
gate, or other erection or barrier in or across any river, 8tr(iiiiii,tovt|
lake, or watercourse, so as to obstruct the free passage of siilinoii,urils(,|
par, trout, or otlier lish resorting thereto, for the pnrpo.so of spawn
and all mill-dams or other erections placed on, over or across anywatet.!
cour.so, river or stream resorted to by fish for the purpose of Hpawnijjl
shal. have a waste gate opening, or slope suflicient to constitiitfil
proper and sufficient lish way, which shall be kept in rci)aii' by tk
owner. No person shall permit any sawdust or mill rubbish to bocwl
Into any such river, stream, cove, lake or watercourse.

VIII. No person shall use any net for taking salmon, tho iiioki^
meshes, or scales of which are less than four inches and a iialf iucb.

IX. No person shall buy or sell or have in his possession sa!ni(_
knowing the Bfime to have been taken contrary to the provisioDioi
this chapter, and every salmon so taken, bought or sohl, shall be iltf
clared forfeited to the complainant by any justice.

X. 1,0 net shall be moored or set in any harbor, cove, creek or ostuaryl
or on or near any part of the coast of this colony or its dopendenciHi
for the purpose of taking salmon nearer to any other not moored o
set foralike purpose than one hundred yards for a single net, andthi
hundred yards for a double net or fleet of nets.

XI. No salmon shall be taken before the first day of May or after tl
tenth day of September in any year: Provided that if the timelimiM
in this section shall be found tn operate injuriously in any partofiS
island, the governor in couuiil may a^p9)wt any other tinii' or tin'
and such time or times shall he
mentioned herein.

as bindi&g ^/f all persons an if sjin

PenaUies.
Amended 4 2
Via, Ch. II, §3.

Weir, &.V.,
erected contrary
to law ijQ.iy l)c lie-
Btroyud.

Forfeiturcfsand
ttenahies, howrc
ioverod.

XII. Any person who shall violate aay of tli' |»rovisionsof thisclu
fiT shall be subject to a penalty not exceeding two luHKlred dollars,!
ail seines, nets, and other contrivances used f''>ritrary to theproviiy
of this chapter shall be forfeited, and may be sei/f d anddetamidMi
the trial ot tho offender by any justice, sub-callecior of customs, jT
ventive officer, fishery warden, or constable, on view, or l<y virluet
warrant issued by such justice, sub-collector or jpre ventive officer, i
conifdai nt made on oath to bo sidinin istored by either of them, and, a^
conviction, the same may bo declared forfeited and ordered tobei'
at public auction.

XIII. Any justice, sub-collector, preventive officer, tif<herywaf
or constable, may, on view, destroy any weir, rack, frame, Irain-j
or other erection or barrier, used or erected contrary to the provii
of this chapter, or the same may be destroyed by virtue of a «
issued by any justice, sub-collector, or preventive officer, iipnnc
jplaiut made on oath to be administered by either of them.

XIV. All forfeitures and penalties imposed by this chapter shal
recovered with costs in a summary manner before any justice,!
which purpose such jiLstico may summon or arrest the olituider,
compel witnesses, by summons or warrant, to appear heforobiu!,:
upon conviction of the olfi^nder, such justice shall cause all scinesj
and other contrivances illegally used, to be sold by public aiKtlou
where permitted under the provisions of the preceding 8ectiousg(|
chapter, destroyed ; and in default of tho payment of any peualt,fj
posed, and costs, such justice shall issue his warrant and cauiser
offender to be arrestetl aud i^nprisoncd for any period not exo
twenty days.

^^%ll

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

275

XV, All pmialtics and forfeitures imposed by this ehaptor, and tbo
i pnicwls tbonof, sball bo paid to tbe party informing against and pros-
1 1'cntiui,' tbe oll'ondor tocouviction.

! XVI. No proceeding or conviction by any justice or other under tbis
^.j,!,,,ter shall be quashed or sot aside for any inlbrmality, provided tho
(.aiiic shall bo substantially iu accordance with the intent and meaning
oftliistliiipter. _ , „ . ^

XVII. The jfovenior m councilmay appomt the collector of revenue
I f(ir Lalinulor, or other person, to be superintendent of the fisheries on

tb' coast of tbis island and its dependencies, and may also appoint
tislii'iv wiiKbiiH, iuid presciibo their duties for tho purpose of ibis ebap-
t r. The (onipcnsation for tho services of such oflicers to be provided
|bvtlieU'gi«liitiiro.

XVIII. Nothing in this chapter shall affect the rights and privileges
granted by treaty to tho subjects of any state or power iu amity with
Jlcr Majesty.

Appropiiation
of same.

Convlctioiianot
to be (|uaHh(!(l I'ur
waut of form.

Governor may
appoint Biiporhi-
tendentofllHbery
anil tiaUery war-
duua.

BeBorration of
treaty riijbts.

Anno Tricesimo Sexto Victoria Regin^.

Cap. IX.— an ACT to regalate tho prosecution of the seal fishery.
(Passed 5th May, IS?.").)

Tbis act re-
pealed, 42 Via,
Ch. 1, § 1.

BETTIOX—

, Steamer not to leave before 10th March j

pciiallv, ifcc.
, Sailin)!ves««lsiiot to leave before 5th

March ; pciiiilty, ifec.
. Msnottolmkilled before 12th March ;

penttlty, ii'.t proviso.
L Action nut to lie lirouKhtafterl2 months.
I Custom-house otUcers not to clear

Sectiox—

steamer before 9th March, nor Bail-
ing vessel before 4th March.

6. Modeofrocovory of lino; approfmation

of do.

7. Persons agfcrioved may appiy to sa-

preme court ; proviso.

8. When act to come into operauon.

Wliiieas it is expedient to make certain regulations touching tlio
scciition of tbe seal lishery :

Be it therefore enacted by the governor, legislative couacil, and as-
nilily, iu session convened :

0 steamer tjliall leave port for the seal fishery before tie tenth dar
!i. ill any year, under the penalty of two thoiisaud doUarH. to be
i! from theowner or otherperson on whose .» count the si
\ e been sent to the seal fishery.
Ill, .Nosail i I),.': vessels .shall leave port for tbe seal fiMbery before the
^yot. March, iii any year, under the penalty of fear hundred do]
bo riiovercd from the owner or other person on whose account sbkH
Issd shall bo sent to such fishery.

|lll. Nil seals shall be killed by tbe crew of anysteainerorsiiiUngveH-
i'mstciiling tho said fishery before the twelfth (day of March, in
/year, under a penaltyof four dolbirs for every seal so killed, to be
iovered from theowner or other person as aforesaid, and from the
iHcrofsiiid vessel, respectively : Provided, in the case of the owner
lotlii r poisons as aforesaid, that such owner or other person received
jell seals with notice or knowledge that the same had boon killed be-
t the twelfth day of March.

No action shall be brought by laiiy person to recover any penalty
bvidi'd by tbis act after twelve months from the time such penalty
kllliuvo lieeu incurred.

}. Xi) (ifticor of Ilor Majesty's customs in this colony shall clear any
amwfor a sealing voyage before tho ninth day of March, nor any
Bill;' vessel on such voyage before the fourth day of said month in

I. All peualtica incurred under the provisions of this act shall be
1 tor and recovered in a summary maucor before a stipendiary mag-
W( liy any i)erson who may sue for tho same ; one-half of such penalty
■Ugoto tlii^ party whc shall sue for and prosecute tbe same, and the
|ain(ler to ibo receiver general for the use of tbo public hospitals.
»1I. It any per.son shall feel himself aggrieved by any judgment of a
pdiary iimgiMtrato, under this act, he shall have liberty to appeal
fcvfrom to the then next sitting of Her Majesty's supremo court, at
[Jftbn's; provided notice of tho same be given to tho magistrate

Preamble.

Steamer not to
leave l>eforu 10th
Baroh.

^Itanilty, &c.

SailincvosHef
not to leave hn-
fore 5th March.

Penalty, &t;.

Seals not to be
killed before 12th
Maieli.

Penalty, &c.

Proviso.

Action not to
bo broiiKht after
12 months.

Custom-honse
ofilcein not to
<;Ii<ar slounior be-
fore 9th March,
nor Huiling-vesHol
before4th March.

Mode of recov-
ery of line.

Appropriation
of fine.

Persons ag-
grieved may ap-
ply to supreme
court,

I'roviso.

276

ALLEGED OUTRAGE Ul'ON AMEKICAN EISIIERMEN.

i

within twonty-foiir lioiiirt alter Huch.jiKlfjmt'iit.Hliull liiivo liei'ii(ltlivtt(rf|
(Uid within five •lays tlu-iviiftor rtnu>j;nla:ii)ccH or other McniritywiiiiJ
witliont Hurotiosiit tlm ()|>ti(>n olNiich niaf^it^tnito, Hhall ln'(iit(''ie(||||i,|

to pruHOcuto thoHiiinu without doltty, and ptiy Hiich itnidiiiit as iiiavlil
awarded with eosts.
When act to VIII. This act shall not come into oiu-ration until the (irat daiil
citmo Into opera- jjiQHury^ ju ti,e year one thousand oij;ht hiindn-d and eovtnty-fouri

Cap. VI,-A^

Anno Tkicesimo Octavo Victoui.e Rkoin.i;.

Cap. VII. — AN ACT to nniond iitlo twciity-sovrii, <^tia)it)ti' »iii> limidml ami tn i
tlio Cousoliduted 8t.ituti'a, vntitlt'd "Ul' tbo Coast Fisliitricu."

(Passed 17th April, 1875.)

Section—

1. Contriviiiinos for taking aalmon.

2. £xt«nt of luill'dani, &c.

a. Rubbish, &c., not to bo thrown into

rivers, &c.
i. MeahuB of salmon nets, &.C.

Sbction—
f). Governor in touncil iiiiiv make i.

hibitioiiH.
0. Penalty for violuliou of act;

foitnro.
7. liepealiu;; ulauso.

Contrivancos
for tali in); aal-
mon.

Kxti-nt of niill-
dain, &.C.

Rubbish, ic,
not. to lie thrown
into rivers, <fcc.

AU'shea of sal-
mon netfl, &u.

Govornor in
(' o u n c i I in a y
makes pro h i b 1-
tious.

Tenalty for vio-
lation of act.

Forfeiture.

B o p I' a 1 1 n K

(!||UIN<1.

Bo it enacted by the {{ovcrnor, liigislativo council and assemljlv.i
legislative session convoiK'd, a.s follows:

I. No online, niachiiie, or (;oiitrivance what.soovcr, for taking salimJ
shall be set or placed in any river, streain, lake or watcr-eoiuse, estei
nets set from the sides and extending not more than oiio-tbiidofiij
width of the water, in a straifi;ht line across, so as to leave themidli
third part of the water free for the passage of salmon.

II. No mill-dam, weir, rack, frame, traiiigate, or other prodiom
barrier, shall he erected in or across any river, stream, lakoonvatdj
course, to a f^reater distance than one-third of the wi<lili oftheivat
so as to leave the middle third part of the water free for the pass
of salmon.

III. No sawdust or mill-rnbbish shall be cast into any river, str(»ii|
lake or watercourse.

IV. After the first day of May, which will bo in the year of oiirl
one thousand eight hundred and seventj'-six, no net shall \m iisedf|
taking salmon the mokes, meshes, or scales of which shall be less
six inches.

V. The governor in council may, 1)7 proclamation to ln' jiiililishi
the Royal Gazette, at any time inohibit nets lor takin<j siilnionC
being set in any or all rivers, except the Jfiimber, Gander, LittleJ
and Exploits Rivers, for such time as may ho deemed expedient,
such proclamation may define the limits of such riversat thuiinioiil

VI. Any person violating any of the provisions of tliis act, on
proclamation issued by virtue of this act, upon co'ivietion UfforiJ
justice of the peace, shall bo subject to a jionalty not cxcccdin;'
dollars, or imprisonment for any period not exceeding one mnntli;i
all seines, nets, and other contrivances used contrary to the iirovisid
of this act or such proclamation as aforesaid, shall be Ibrfeitfii.f
nets of a smaller niok<*, incHli or sculo, than provided in section m
used as aforesaid, after thoiirstday of May which will bointlioM
of our Lord one thousand eight bundled and seventy-six, sliiill|
destroyed.

VII. The sixth, seventh, and eighth sections of l^"' * ■•■iMity-sevei^
the " Fisheries," chapter one hundred and two, cm ''' tli*
Fisheries," of the Consolidated Statutes, are hereby it|MaU(l,

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

277

Anno Tkicksimo Nono Victoui.e Rkgin.e.

Cai*. VI.— an act to nmuml the law rulutinK to the coant tlshories.
(PiisHwl 20th April, 1870.)

Skctions—
4. llui'i'iliK not to be taken within oer-

tiiiu times.
!). Penalty.

ISRCTIONi*-"

1. tail. 1112, aeo- li Con. Statutes, nmenil-

('(1. , ,

■', S(w. 4of cap. 102, nmenUMl.
'i Siiuiiii) not to bo taken with seines, itc.

Ill) it enacted by the govornor, logiHlatlvo council and assombly, in
iHsliitivoMOHnion convonod, a.s follows :

I. Tho Hist Hi)(;tion of chaptc^r ono hundred and two of the Consoli-
liicil Stiitiitos i.s li(U'el>y anioiidod, by sub.stirtiiting tho words " twonty-

IfiiiiMlay of April" for tho "twelfth day of April."

II. TIm' fourth .section of tho said cha])tor is horoby anicinliMl by snb-
iaiiii}{ till! words "tenth day of May " for " twentieth day of Ai)ril."

III. No porsoii siiall, at any time, haul, catch, or take squids, witli,
Ijii. iir liy lueaiiH of any seine, liunt, or other such contrivance.

IV. N(i i>er.soii shall, between thehonrsof twelve o'clock on Saturday
jii:lit ami twelve o'<lock on Sunday nif^lit, haul or take any herriufj,
Miiliii or NqniflH, with nets, seines, bunts, or any such contrivance, or
(I or (lilt out any such net, seine, bunt, (tr contrivance for the pm'posi'
lolsueli liiiiiliii<{ or takinjt.

V. Any iierson violatiiifj; the provisions of this act shall be subject to
klic same penalties as are jirovidcd by section twelve of tho said chapter.

Cap. ]02, seel,
(yonnol. Statutes,
aniendvd.

KopoalotI 42
Vic, rh. 1 1, §2.

See. 4 of Ciij).
102, aintmilt'ii.

Squills not to
l>e taken witli
HI ines, &.C,

Horriii;; not to
1)0 taken williin
certain tiniOH.

A in o n (I o il 40
Vic, ch. 13, § 1.

I'onalty.

Anxo Quadragesimo ViCTom^ Begins.

^Ar. XIII.— AX ACT for tlio amendment of an act entitled " An act to amend the
law relating to the coast fisheries."

(Passed 2Gth April, 1877.)

Section l.— 39 Vic, cap. 0, see. 4, to apply to squid jigginK-

Wiiereas it is expedient to aineuil the act thirty-nine Victoria, chap- Preamlile.
^rsix, eiuillfd "An act to amend the law relatinj^ to tho coast lish-
jrk's," in wanner hereinafter jtrovided.

■He it enacted by tho governor, legislative council and assembly, in K n ac tint?
jjgislative session convened, a.s follows: clause.

|i. fliiU the fourth section of tho said recited act shall be held to 39 vio., cap. (i
Jrluile and apply to the .jigging of squids, and to the use o.i' any con- sec 4, to apply to
livanee whatever, and toany niodeof takingandobtaiulug nshfor bait, squid .jigging.

Anno QuAimAOESiMO Pbimo Victori^e Rkgin.*:.
Cap. XVI.— aw ACT respecting the flshtry of lobsters.
(Passed IGth April, 1878.

.TIOS

i. Governor may, after enquiry and no-
. tiit.rfstricttiikinK of lol)Ht«Ts ; and
liwvide for eufore.inK orders ; pen-
I iHy ; may vary oiders, or revoke.
*• Orders, alterations, and revocations.

Sect IDS

to be published in Gazette and other
paper.

3. Summary Jurisdiction; distress! Im-
prisonment.

4. Short title. .

if Ti.iitpd by the governor, legiHlativfl council and assembly, in Enacting
'hitu. .-• -sion convened : clause.

lrS,.?i?i '"i"" '" ««^i»^'l »'\y. 'ifter such public enquiry and no- oovernormay,
yi^ .1!* siiall he deemed expedient from time to time, by order, restrict after enquiry and
ipi'ojiliit, either entirely or subject to any exceptions and regulations, noti-ce, restrict
I* fas.iing for and taking of lobsters within any district or parts of t^inj? of lob-
pmetH ill this colony named in the order, during such period of^**"""'
*f» or during such period oithoi' iu overly year or in such number of

278

ALLEGED OUTRAGE UPON AMERICAN FISHEUMEN.

R!

Aiidnrovlitttfnr
eiit'orRinKordei'M.

Miiy viiry or-
dcru, or rovoke.

Ordors, iilfcrii-

tiollH Rllli lUVUCIl-

tioim til Im pub-
IIhIiciI ill (iiizt'tle
ami otliKF |iit|it<r.
SiiiiiniuryJiiriH-
tliuliuii.

IMatri'HH.

Iiuprigonment.
Short title.

yeiUH us may Im lii'nitt'd by i\f order, iiiul iiuiy l>y tlio okIit prtniii,
f(ir tMi fore ill j^ till! oiiIit uiul iiiiy |iroliil)itii>ii, roHtriction, or M'tjiiluijup
contaitiod tlicroiii, by lincH not itxciHMJiii^ outi liiiiidrrd diillars.

Tho governor in coiiikmI may, by order, lioin timo to tiiiu-, vary ami
at any tinio rovoko an order iindHr this Hection.

IL All orders m.'ide, and all alterationH or revocatinnH of oriloin imuli'
nnder thirt act Nliall bo imblished in tlio lioyal Gazette and oiieiiilifi
newHpaner in thin eolony, for tlio jieriod of .1110 month before tlmniHw
shall take etfoct.

in. All otlbuceH afraiimt this act, or againHt any order iiiade in pur.
snauce of this act, iiiuy be prosecuted, and all iiiieH under tl in iKtur
any such order, may be recovere<l with co.stH of suit, on Himiri!iiry(nii.
viction before ft, Btipeiidiary inagiHtrate ; and in default of payiiicntdf
any lino, the Maine may be recovered by diMtrcHU and Hale, of tlio otlVnii.
er'H goodH and chattels; or in eusu of hucIi default he iiiiiy litunui.
mitted to prison for a period not t scoediny three inontliH, or until [lay-
inent.

IV. This act may be cited as "The lobster act, 1878."

Anno Quadragksimo Secunuo Victoui.k ReginvK.

Cap. I.— an act resprotlug the proRooutlon of the stsal flKliorv.
(Passed 22nd February, 1879.)

Skctiox—

1. 38 Vic, cap. 9, repealed.

2. Steamers not to sail before 10th

March ; penalty.

3. SaiNn); veHttels iibt to sail before Ist

Marcli; penalty.

4. Seals not to be killed before 12th

March; penalty; proviso; notice.

Srction—

6. CatM not to be killed; iiiniilty; W.

nitiun ; proviHo.
0. Limitation.

7. Tinifs of cloarance; proviso; Sm.

days.

8. Kecovoryofponallii h; aiipropriiitioii.
0. Appeal; piovi«0; 1 eco^iii-/',aBcc,

B n a 0 t i u £
olauHe.

36 Vic, cap. 9,
repealed.

Steamers not to
sail before lUth
M arcli.

I'enalty.

Sailing vessels
not to sail before
1st March.

Penalty.

Seals not to lie
killed beforel2th
.March.

I'enalty.

Proviso ; notice.

Cats not to be
killed.
Penalty.

Definition.
Proviso.

lie it enacted by the governor, legislative council and assi'iubly, ia
legislative session convened, as follows :

I. The act jjassed in the thirty sixth year of the reign of llcr presoiii j
Majesty, entitled "An act to regulate the prosecution of Uio Neallisli-
ei'y," is hereby repealed.

II. No steamer shall leave port for the seal fishery before the teiiili I
day of March in any year, under the penalty of two thousand (li)lliin |
to be recovered from the owner or other person on whosi; iKjcounf l'
steamer shall have been sent to the seal fishery.

III. No sailing vessel shall leave port for the seal fishery liefonst
first day of March in any year, under the penalty of four liiiiKlri'ildiil- 1
lara, to be recovered from the owner or other person on who.sf acfuiiut |
such vessel shall have been sent to such fishery,

IV. No seals shall be kilU:d by the crew of any steamer or .siiiliiij.'Vt* I
sel before the twelfth day of March in any year, under a iR'iiaityi"
four dollars for every seal so killed, to be recovered from the owncri'i j
other person as aforesaid, or from the master or crow of the xaid vissoL
or from the parties receiving the same, respectively : Provided, tliiitiii I
case of the owner or other jierson as aforesaid, that such owner or "ilin
person received such seals with notice or knowledge that the sauiclini |
been killed before the twelfth day of March in any year.

V. No immature seals, known as cats, shall be killed by tlic emdi
any steamer or sailing vessel at any time, un<ler a penalty of fourdol'l
lars for every such seal so killed, to be recovered from the receiver"! I
such seals, or from the master or crew of any such steaniororvessfl.
And it is hereby declared, a young senl pelt of less weight tluin trnt.'
eight potinds, shall be considered an immature or cat seal : PruviW.
that no party or parties referred to in this section shall be liable tollm j
penalties of fines herein stated, unless it be proven that overlive.
cent, in number of seals taken on board or landed from such vewehi' |
of less weight, each, than twenty-eight pounds aforesaid. Thefin^
nnd penalties mentioned in this section to apply to the excess ovetr«n(« j
five per cent. ;. „ju _..: .;„^.„ -^ _._..;-.:,-..,. i,

ALLEGED OUTRAGE UPON AMERICAN FLSUERMEN.

279

VI. Noll' tloii slinll l»e lironglit by any pciKoii to re<!ovoiuiiy pcimlly
Lniviiled I'y ('''"^ '"'♦> 'iftf" twnlvo iiKHitlm I'loiii tli« liiiio Hiicli piiiialiy
Llmll liavr iM'fii iiiciirn-il.

VII. No (i/'i<cr (if Her Majesty's ciiHtomH in tliis colony sliitll riearHny
tcaimT I'i'i' a Ht-'uli'ii; voyiij{« bel'orf, t\w ninth day of Murcli, or iiiiy nail-

llinrvcHHcl t'oi 11 m'lilinii; voyutio biiforo tlio liiMt day of Febrniiiy : I'ro-
vitled, that ill tln» tnoiit of cii 'i«r of tli^Ho days fall iii>; on Siiinlay,8iicli
vesNi lis limy Im' clcartd on tin uececliiiK Hatiirday.

VIII. All pinallioH inciirreu under tlio ])roviHionN of thin act mIuiII lie
I lufil for uiid I'cc-oviu'L'd in aHiiuiinaiy manner lieforo iiMtiiiendiary nia^-

intmti' liv any perHon who may hho ifor the mune; one-lialf of Hiu-h peii-
aJivnliall K" '" *'^" P'""*y "''*' '^lii'll *«'"* f'Taiid jiroHecnfo the name, and
tlit'reiiiainiler to ll^e reeeiv itfeneral f< <ho nse of jnililic, hoHpitals.

IX. If any person shall feel himself a^-tievod by any .jud>j;meiit of a
ilipciKliuiy iiia<{ifitrttte, under this act, he shall liavo liberty to apjieal
tinrcfrorii to tlio then next sitting of II<m Mnjesty's supremo court at
8t..loliii'«: I'rovided, tbat notice of the same l.e ^fiven to tlio niHijistrato
witLiiitwi'uty-foiir hours after such jiulpmenl shall have been delivered,
811(1 witliiii live day* thereafter recognizances, or otlier security, with
or without Hiiretie.i, at tbo option of such magistrate, shall bo on tort d
into to proHcdite the same wii bout delay, and pay such amount as may
h awarded, with costs.

Liiiiilalion.

Tlm*>R of clear
an Oil,

Priivisoj .Sun-
days.

Hi CO very of
jteuullieM.

A|>iiropriatiuD.

Appeal.

Proviso.
Bccognizance.

Anno Qt'AUUAOKSiMO Secundo Victohi^ Rkqin.*:.

Cap. II.— ax ACT to amend the law relating to the coaHt flHherioA.
(Passed IDtb March, 1879.)

|gi(-riO!»-

1. .No lierrincs tobotnken Itetweon 20th

of OtU)l)t»r aud the 18th of April.
except iu uetu iu the cUHtomary
miinniT.

2. Sw. I of cap. 102, of title 27, Coiisoll-

dated Statiiti-H, and Hootiou X ot'uut
119 Vic, repealed.

3. Section 12. of chapter 102, of title 27

of Cou8olitlated Statutes, amended.

4. Uwuer, Sic, conveying herrings in

Se( riON—

bulk t)t>t\Teon 20th October and
IKth April, dluill be deeiuod to have
caiigbt such hi'iring contrary to
law.

5. ]'ow('rt(i.jn»ticf>B, sub-collectors, Sec,
to board voshoIh suHpccted ; penalty
for olmtructinK ju.sticcs or other
olllcors in diHcliarjio of duty.

0. Ai)pcal to the supienio court in St.
Jojiu's or on circuit.

ii

lie it ptiacted by the governor, legislative couucil and assembly, in
le;;i(il»tivc ses.sion convened, as follows:

I. No jierson shall haul, catcb or take herrings by or in a seine or
btliPfKiich eoutrivance, on or near any part of the coa.st of this colony
br its dependencies, or in any of the bays, harbors or other jdaees
Ihnein, at any time between tbo twentieth day of October in tiny year,
■ud the eijrliteenth day of April in tbo following year, or tit any time
liiifivis ^Jise a wine or other contrivance for the catebing and taking of herrings,
iiiiili^ ^Hf^^T' l>y way of shooting and forthwith hauling the same : I'rovided,
i\v;iir ^Hpliat uothing herein contained shall prevent the tak-ng of herrings by
(1 V(M;1 ^BietBiiet in the usual and custom.try manner, and not used for in-barring
, that 111 ^^Btr enclosing herrings iu a cove, inlet, or other place.
Diiiilift^^B II. Se'itiou one of chapter ono bundretl and two, of title twouty-
,aiinii.iil ^^V* ■'^U) ff the Consolidated Statutes, entitled " of the coast tisberies,"
uti section one of an act passed in the thirty-nintli year of tbo reign of
Her present Majesty, entitled "An act to amend the law reltiting to the
wast lishcH," are hereby repetiled.

nil. Section twelve of chapter one hundred and two, title twenty-
fven.of the Consolidated Statutes, is hereby amended, by substituting
Rewords "two hundred dollars " ft.- the words " fifty dollars."

^IV. Tlie owners, masters, and othor peuons managing or coutrolling
■ 'i conveying herrings in bulk between the twentieth day of Octo-
»rmany year and the eighteenth day of April in the following year,
pll he deemed to have ^lauled, caught, or taken such herring con-
wto the provisions of chapter Ouo hundred and two of the Con-
Nidated Statutes, as amevided by the said above recited act, thirty-
pM Victoria, chapter six, and by this act, unless such owner, master,

i: II a c t i n g
clause.*

I'o horrin^H to
°>'t uiken between
t 1 . 20rhof Octo-
bi^r and the IRtb
of April, except
iu uetHin cuittoiu-
ury manner.

Section 1, of
chapter 102, of
title 27, Consoli-
dated Statutes,
and section 1 of
act :t9 Vic, re-
pealed.

Sec. 12, of cap.
102, of title 27, of
Consolidated
Statutes, amend-
ed.

Owner, &c., con-
veying herrings
in bulk between
20th October and
18tb April, shall
be deem oil to
have oanght such
herring contrary
to law.

wn

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&.

.v*.

•:.?-

V^,

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

1^
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2.5

1^ 12.2

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2.0

1^ iiM ilJ4

Photographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, K.V. MS80

(716) S72-4503

S

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^

280

ATiLEGED OUTRAGE UPON AMERICAN FISF1ERMEN.

1 1

Power to Jim-
tices, Rnb-collect-
orx. &c., to board

VOHBOIS 8 U e -

pucted !

Penalty for ob
Rcructing jti't
tices or other oid-
cerH ill discharge
of duty.

Appaal to the
■upreine court iu
St. John's or on
circuit.

or oMior p«raon fiforosiiitl shall iimko proof to Ibo contrary boforuiijui
iivA'i of the pe.icd.

V. Any justice of the peaco, stihcoilcctor of uimtoiiis, prevt^utivecf.
ficer, tishery warden, or couHtablo, may Ward any vitssel mmpected of
carrying herrinj^s in bulk bfltween the twentieth day of October In anj
year, and the eighteenth day of April in the following year; nuilij
caHe any such justice, sub-collector, i)reventive oHlcer, lishery waiden
or conotabie, shall make signal to any vessel suspected us aforesaid
from any vessel employed by the government, by dipping thoensit'cai
the main peak three times, and bring a gun, it shall be th»ulutyoftbe
owner, master or person managing or oontroUingsncli vessel wo sifjuaiy
to heave to such vessel until such justice, sub-collector, prcveiitiveol!
cer, fishery warden, or constabhs shall have boarded-and examined sii;li
last-named vessel; and in case of such master, ovner, or porsoii manaj-
iiig or controlling as aforesaid such last-named vessel oniittiug note i
heave hei- to, or to afford facilities for such j;istico, sub-collector, pre. I
ventive officer, fishery warden, or constable, boarding such vessel, or ob-
structing such justico, sub-collector, preventive olEcer, ilshery wardea
or constable, boarding or examining any such vessel, hq shall be sul
ject w) a penalty of five hundred dollars, to be recovered with costs ia
a sunnncry manner before a justice of the peace, and iu case defaalt I
shall bo made in the payment of such penalty, such justice shall imw
his warrant and cause .luch offender to be imprisoned for a period uot
exceeding thirty days.

VI. If any pprsou shall feel himself aggrieved by any order or judg-
ment of such justice under this act, or under the said chapter, he shall [
have liberty to appeal to the Supreme Court iu St. John's or on circuit, I
upv a giviug snRicient security for the due performance of such order or
judgment, if confirmed, and for the payment of all cost.i, aud to pit*
ccute the said appeal.

Depositions of James L. AndTson, James D. Norwood, Peter Tiibodau, James Challow.

and Churlea Dagle, taken in relation to the trouble between the Canadian and American fiii-

ermen at Aspee Baij, Cape Breton.

Gloucesi kk, Sept. 8, 1879.

I, James L. Anderson, of Gloucester, Mass., and master of the schooner Cadet, of I
Gloucester, do, on oath, depose and say that I left Gloucester on the 7th of Juue, M, I
bo.ind for Aspee Bay, Cap-^j Breton, toiake squid. My vtssel was fitted and furnished I
w'th a seine for the taking of squid, as I ronsidered that under the provisions of tie I
Treaty of Washington I had the right to take fish of any kind within three miles ofthe I
Hhor93 Ox the Dominion, aud also to use seines or other apparatus for the purpojie. lar-[
rived at Aspee Bay on the 20th of June; tl e American schooner Bay State, Capt.Gixid-j
win, arrived the same day. He was fitted with aseine for the purpose of takings(|uii I
'i'he inhabitants of Aspee Bay came ofi" to my vessel, and seeing the seine on drtu
nsUed. me what I intended to do with it ; I told them that it was for the purpose ofi
taking squid ; they then left my vessel and went on shore. The next morninjilwffltj
oa shore and was met by a fisherman named Gwiu, who ini'ormed me that tiiil
fishermen of the place had consulted together and had made up their minds thsti
no seine should be set in the bay, and if it was attempted they would cut it up aadl
destroy it, and that they would serve me the same. I

He gave as a reason for this that they believed the usiug of the seine wonlddriTtI
away the squid ant' ('iprive them of bait for their own fisheries, and ruin their bmij
ness of jigging squ^d. I explained to them that squid had been seined iu Chebuttol
for several years with no more perceptible decrease of the squid than when they we»l
caught bv jigs ; that the same amount of squid would be taken from the water by tbtl
jigs, as there are some two hundred men who fish for squid at that place. I tadl
that it was useless to argue, a« every time I went on shore the threats were repeat«!,|
and that they would be carried out.

I then attempted to compiomise b^ offering to pay them for all the squid Iniijiit
take in the seine, at the same rate as if they caught them with jigs, and divide thel
money amonf^ thorn equally. They said that if my seine was used in the hay that ij
would establish a precedent for seining there, and other vessels would not then t
l)rovented, after one had been allowed to seine. Finding I could not use my seiDe,^
knowing that if it was cut up I should not have it to use in other places, and bed
p-ived ofthe means of getting my cn/go, I felt obliged to give it up. Whei tl'^xliii*
came into the bay there wad a large fleet of bankers, and if I could have iiwd '
seine, I could have supplied every vessel with bait and have also loaded myofl
vesijel with squid to sell the vessels on the bauki. For ten successive days the f"

ALLKGED OUTRAGE UPON AMERICAN FISHERMEN.

281

■3, 1879.
Cadet, of I
due, W I
furnisW I
110118 of tli« I
esdflbei
io,st). U'-
i1iI.(hhx1-|

ll};w|illi|
III! lint I

purpose (J
uinnIWBtl
le tbitttiiil
indit tliiti

, it up and I

vo\M drivel
iheir bmiT
1 ChebiicMJ

?aterbytlii|
. I foaoll
) repeaHl

lid I mig"!
divide tl»|
bay tbat ij
lot then b"
jT seine, «N
and be i
jtl"-»<l™

d my o"!
yg tie '"

IS swaiiiiiii;^ with squid, but not opo would take the hook, and tiie people could not

'\'ll of tlio vcshoIh lyinj? there wore oMiped to leave without obtaining any bait, and I

■It iilso lor Ciiett ichanij) ; fiiili ii^ to ti iid bfiuid there, I returned to Aspee Bay on the iilat

I "f Jniv !>"i^ I'ouiiil H(i'iid in the bay that at that time would take the.hook. I co/;i-

I neii('ed'liii.V'"K "* ^''" hshernuMi, having over sixty boats with IHO men employed. I

ilaidlbr tbis lot of squid If5()1.0(» in cash, getting about two-thirdn ri" j, cargo. This

opri) I carrii'd to St. Pierre and sold tlie squid for (5i francs per huiuired to tlie .Jersey

lislionm'n. In a week's time I came back to Aspee liay and found sciuid phnity in the

[ liii\ 111 ' tliey wouhl not take the liook. I could have taken all thesquid I wanted if

iiild iiiive used my seine. I remained three days, and tinding that I could not ob-

I tun iinv wniid. as they would not bite, I left the bay, and I then started for New-

fiiiinilliiiid, and in the dense f.)g the current set the vessel on the Little Miguelon,

wbnrc she was lost. My loss or. being deprived of the use of my seine on my lirst trip

I would lie 8i'^i,<W", '^'^ f"-" *'''*< season I could have loaded my vessel in three d.-iys on the

Itiist tiil) and would have had them in St. I'ierre's at least three weeks ahead of any

lotbiT baiter, and as the squid failed at St. Pierre this se!»8oii, 1 could have jrot $iSM per

iLiiiidred for them. The cargo I carried there three weeks later I got ^l.2t) jier hun-

Idredfnr. I should have been at no expense in buyinjl the8(iuid, as my crew could have

iM't the HPiiie and handled fhe lish ; on my soccuid visit I paid the peo])]e .'')61 doUai's

jforii partial cargo, and the third trip I could have seined my cargo, but was not al-

[lowi'd to and the squid not biting, I conld not purchase from the people.

Mv third triji, by being so deprived, I suffered a loss of at least 2,000 dollars The
|i]ci;iV the nncerfainty, and the consequent Wfiste of time, and the continued expense
of niv vessel and crew obliging me to cruise from port to port in search of tish,
V lien I eonld have realized full cargoes every time L was there, witii certain sales, will
iiiit lie coniputed in tliis amount, but simply the cost of the squid to me at Aspee Bay
if I could have seined, and the value of the siiuid at St. Pierre.

Ill this whole n:atier no fishery olllcer or othcer of the law forbade my 8eininf» ; the
thifats and all demonstrations came from the local fishermen acting independent of
all law and combined together to act as a mob, violence enforced by nnmbers being
tbiir only authority. I told them time and again that under the Treaty of Wash-
in;;' on 1 had ii right to seine, as the govcirnment had paid 5^ millions of dollars for this
ii;;ht; they replied that they cared nothing for treaties or rights; they were going to .
take care of themselves ; the money the government had got done them no good, but
vbi'ii they got cash for squid it did them some good.

Thi^inid on those shores are about a third grown and are not mature enough for
itpawiiinn; they are about 6 inciies long, and they grow about two inches iki a sum-
finer; the/ are the young squid, and every season they come on these coasts, always
bf yoiiiij^ lish ; by the use of the seine it makes the catch a certainty, while the hook-
ni; process cannot he depended upon.

On this trip my vessel was under a fishing license with a permit to touch and trade,
|l bad a few hoots and shoes and some cottons in case I iiad occasion to trade. On
;«nivin,n at Aspee Hay I reported to the customs officer at Northwest Harbor, and en-
itticd my vessel ; the most of my goods I carried to St. Pierre.

Capt. JAMES L.ANDERSON.

KsSKX, 8s: '-'■'■■' ■•'■■■■■ ■ •<;■'■■ ■ • ■

Gloucestkh, Sept. 12th, 1879.
Personally appeared the above named James L. Anderson, who made oath that thft
kbove statement by him subscribed is true, before me.

ADDISON CENTER,
., V Justice of the Peace.

Gloucester, Sept. 10, 1879.

1, Jame»D. Norwood, master of the American schooner Messina, of Gloucester, do

kn oath depose and say that I left Gloucester for St. Ann's or Aspee Bay, Cape Breton,

l)raiai(j;oof sipiid to sell for bait. I had been in these ports in previous years, and

caew ihat the inhabitants would oppose the use of a beiiie in that bay, and conse-

I'lontly I went prepared to buy my squid.

I stopped at St. Ann's about a fortnight; got no squid, iis they would not bite;

piiiiiweut to Aspee Bay and found that the scpiid would not take the hook, and that

people had opposed the use of any seine by Captain Anderson or any other per-

^11 1 wuild have hired a seine and loaded my vessel if I had been » Mowed what I

Msidcrod my rights under the Treaty of Washington, but finding the pt^ople in such

[iletermined and threatening attitudo I knew it would be useless to try to get my

Vijo there, and left for Newfoundland. I arrived at Torbay, where I bought :100,000

hnirtofihe local fishermen, paying 900 dollars in cash for them.

I Tbe same hostility to Anie-icans taking their owl bait with seines ex'sts at New-

.Ii4!:-

282

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

<14

I?

is.

foinullaml as af, Cape Breton. The fiHliornien can make twice the amount of nionet
takiujj; wquid for tho American bankers and baiters than they can in their usual avi
cation ot codlishing, and tliey will not bo deprived of this lucrative trade if they can
help it. It is cash to them, and the women and boys join with the local tishermen in
the light work of takinjf 8<iuid with jigs. Tho whole community shares in tliewiuij
lishery and in tho URtney they receive for them.

In my judgment full one liu.idred thousand dollars is paid annually on tliesfishora
for bait alone, and this could all be saved if the Americans could use thttir Heiiie«t3
take bait; and tin. bait if not purcliased by the American fleet would be UHeliwaDd
valueless to the people.

I have been informed that there is a local law against seining squid at Newfoimil.
laud. The ])resent mode of taking sciuid by jigs is a slow process, costing the Ameri-
cans a great loss of time, when if the seine could be used it would save two-thirds tlie
time it now takes to got bait. Each banker now has to spend at least 30 dayHoutof
each trip in going around from jjlacc to place for bait, as when tho squid will'iiottake
the hook nono can bo obtained, and the seine makes tho catch a certaintv.

JAMES D. NOIiWOOD,
Master of Schooner Mmmt,
Essex, sa: / «

Gi;oucE8TER, Sejti. 10, 1879,
Personally appeared the above-named James D. Norwood, who made oath thatjhe
above statement by him subscribed is true, before me.

ADDISON CENTER,

Justice of the Peace.

Gloucester, Sept. 10, 1879.

I, Peter Thibodau, master of tho American schooner Lizzie J. Joues, of Gloucester,
do, on oath, depose and say, that I left Gloucester in the said vessel on the 3rd of Jiiue,
1879. for Aspee Bay, Cape Breton, on a trip for squid. I was not fitted with a seine,
but was prepared to buy for this season ; that tho previous year I was at Aspee Bay
with Capt. Dagle, and knew that the fishermen there would not, under any circum-
stances, permit a seine to be nsed there.

I was at Aspee Bay when Capt. Anderson, of the schooner Cadet, tried to nse bis
seine, and Capt. Anderson asked me to assist him in using his seine for seining tlie
squid, but tho local fishermen, to a man, united in threatening destruction to the
seine or aL:y one who attenvpted to use it in that bay.

I am pcirfectly sure that the seine would have been destroyed, as the people warned
me from having anything to do with it, and were constantly on the watch to see if
Anderson attempted to use it, and were prepared to attack him on tho first demoiistrj-
tion on his part. I did not get but 3,000 squid ut Aspee Bay. My vessel would take,
as a cargo, 500,000.

All of the vessels could have been loaded with squid, could the seine have been
used ; the bay was swarming with them.

I told the people that Americans had tho right to take these squid with 8eine8,aDd
they said they cared nothing for that; they should and would protect themselves; if
they allowed seining it would ruin their business of jigging squid, and thon they
thought the seining would drive avvay the scjnid from the bay.

At this place the local fishermen have no money, except what they get from the
Americans for squid, and they say if this trade is taken from them they will have no
money to pay their taxes, «&c.

They usually receive from tlie local traders goods and groceries for the lish tliey
take during the sea.son, while the Americans pay cash for the squid and bait they liny,

I was obliged to leave Aspee Bay, as I could not obtain any squid, as they woulii
not bite.

I then went to Newfoundland to Conception and Trinity Bays, where I hongbt D.y
8(iuid of the local fishermen.

The feeling is the same at Newfoundland as at Aspee Bay against seining.

No American will be allowed to use a seine to take squid in any of tho baysorcove!
of Newfoundland under penalty of destructioo of the seine. I have heard the people
say this over and over again, and know that it is impossible to obtain what weeoa
sider our rights in this respect under the Treaty of Washington.

PETER THIBODAU, [skal]
Master of the Schooner Lizzie J. Jom*.
Essex, sa:

Gloucester, Sept. 10, 1879.
Personally appeared the above-named Peter Tholbodau before me, and madenalli
that the above statement, by him subscribed, is true.

ADDISON CENTER,
Jwtioi 0/ thtFm

Subscribed ai

ALLEGED OUTRAGE UPON AMERICAN FISHERMEN.

283

.laiiu's Clialloner, of Wliito Point, Asp^e Bay, being duly sworn, do depose and say :
Tliiit about .July 'iOtli, 187!t, Captain Anderson, of the Hcbooner Cadet, of Oloneester,
am'' to w" me and said tliat bis vessel tbe previous season bad done very well witli
siiiiiilwliiLli tbey bad purcbased bereand bad sold at St. Pierre Miqnclon ; and tbafc
tlieie were ten vessels tbis year engaged in the same business, and oigbt of tbeni did
(oiiie tothis bay for tbe purpose of getting squid and carrying tbem to tbe banks for
sale to the bankers, and remained bere until about tbe KJtb of .J nly. Captain Anderson
iiiul Captain Goodwin, of tbe Bay State, had a seine for tbe purpose of seining squid in
thebavaud did notattenipt to use it because tbe tisliernien would not allow them to
do so- they th'eatened to cut tbe seine if they placed it in tbe water; there never has
lucn bi't one seine ca«t in this bay, and bad Captain Anderson thrown bis seine he
would have swept the whole school of squid in the cove and tbe fishermen would have
been deprived of all their bait for the season. Last season the Americans purchased
their squid, giving SiO cents per hundred, and tbis, when the squid are plenty, is a source
of iirotit and a largo part of the business of tbe inbabifsmts. Captain Anderson could
have purchased all be wislied, but if the iisbermen bad allowed him to seine they
would have lost tbe money paid for the squid by the cod-fishermen from tbe banks.
No opposition was made to Captain Anderson's catching squid by book and line.

American and French bankers come here every summer for bait, and if Captain
Anderson had taken nil the squid by bis seine tbe bankers would have been forced to
iiurchaso of bim instead of the native fifbermen, r^' whom there are about one hun-
dred aud fifty. I am not aware of any colonial law against securing squid. The only
reason the inhabitants threatened Captain Anderson was that he would ruin their
sijiiid catch. The only fishery otBcer lives af Fragnish, down tbe coast. Some New-
foundlanders living near here attempted, a little while ago, to iise seines for taking
caplin, but the natives would not pen»iit them to do so. I have been a resident bere
for thirty years and engaged in tbe business of purchasing fish

White Point, Br. Vic, 17tb Aug., 1879.

J. A. CHALLONl.R.

i Subscribed and Bwom to before me this seventeenth day of August. 1879.

J. H. SEARS,
Ensign U. S. Navy, U. S. S. Kearsarge.

Charles Dagle, captain of the schooner Joseph Story, being duly sworn, doth depose

I aud say that he was at Asp^e Bay, Cape Breton, in the latter part of June, 1879, for

the purpose of purcba-sing squid to cfurry to St. Pierre for bait for the French bankers ;

that while he was there Captain Anderson, of tbe schooner Cadet, of Gloucester,

Massachusetts, who came for tbe purpose of catching sqrid at that place, and squid

not lieinj; obtained in sufiQcient numbers Ivy jigging, attempted to use asquid seine for

the purpose of catching the squid which schooled in great numbers, but would not

hite at the jig. The inhabitants of Aspde Bay threatened that if he set his seine they

wonldcut itand there would be trouble, as selling squid wastbeironly way of making

pioney during the summer season, and if a seine was used yn the covo ail the squid

hvonldbe taken or driven away, and tbey would lose all their summer's employment,

las squid was the only bait tbey could obtain for catching cod. They were willing

I that Captain Anderson should jig bis squid or purchase of them. Captain Anderson

[left the bay without a trip of squid, while if he bad used bis seine be would probably

I hiive tilled his vessel.

1 hat I have just come back from Torbay, Newfoundland, near St. John, with ninety-
jom tliousand squid, which were all purchased of tbe inhabitants there. That there
jisihiw in force in Newfoundland against seining s<juid, which forces us to purchase
piuhc natives, aa we have no time to take them by tbe slow process of jigging.

CHARLES DAGLE.

•^woru to before me at St. Pierre, Miq., this 19th August, 1879.

[•^KAL.] w. F. Mclaughlin,

Vic»-Conm'l Agt., U. S. A.

House Ex. Doc. No. 19, Forty-ninth Congress, second session.

RIGHTS OF AMERICAN FISHERMEN IN BRITISH NORTH

AMERICAN WATERS.

MESSAGE

I

FROM THK

PRESIDENT OF THE UNITED STATES,

T11AN8MITTINQ

A letter from the Secretary of Statcn accompanied by the corresponiim
relating to the rights of American jishermen in British North Amerm
waters.

Decrmbbk 8, 1886. — Referred to the Committee on Foreign Affuiru ind ordered toU

printed.

To the Senate and House of Representatives of the United States :

I transmit herewith a letter from the Secretary of State, which is ac
companied by the correspoudeuce in relation to the ri<i[ht8 of American
lishermen in the British North American waters, and commend to your
favorable consideration the suggestion that a commission be authorized
by law to take perpetuating proofs of the losses sustained during the
past year by American lislierineu, owing to their unfriendly and unwar-
ranted treatment by the local authorities of the maritime provinces of
the Dominion of Canada.

I may have occasion hereafter to make further recommendations dar-
ing the present session for such remedial legislation as may become
necessary for the protection of the rights of our citizens engaged in the
open-sea fisheries of the North Atlantic waters.

GROVER CLEVELAND.
Executive Mansion, .. > ■

Washington, December 8, 1886. / ' ;'■:"

. Department op State,

V Washington, December 8, 1886,

To the President :

The Secretary of State has the honor to submit to the President, wit
a view to its communication to Congress, the correspondence relative to
the fisheries in the waters adjacent to British North America, which
has taken place during the present year.

384

RiaiiTS OK AMKRICAN FIHIIEKMEN.

oor.

It will disclose the aetitn of this Dopartinout, and of our niiuistor to
Great Hritaiii, in relation to the disputed coiistruction of Jhe couvoiition
of 1818, and what has been done to i>ro(!nre sueh an interi)retati(Mi of
its provisions as will be acceptalde to both parties to that instrument,
and consistent with their mutual interest and honor.

From time to time since the conclusion of the trc^aty of 1818, difler-
eiices have arisen between the two Governments as to the extent of the
renuuciation by the United States of their formei lishing rijfhts in com-
mon in tlie littoral waters of British North America, and the true defi-
nition of the rights and privilefjes retained by, ami expressly {guaran-
teed to, tlie United States in the first article of that convention.

Tbe history of this iiuestion during? the period from 1818 to the pres-
ent time has been one of unsuccessful attempts to adjust the re8i)ective
claiuis, and occasionally the difficulties have been bridged over by tem-
l)orary arrangements, notably by the treaty of Washington of June 5,
1854, and by the treaty of Washington of May 8, 1871, the fishery arti-
cles of the latter having been abrogated by the United States on June
30, 1885.

It is deeply to be regretted that the eflforts of this Department, as
siiowi by the corresj)Oiidence now submitted, to arrive at such an agree-
ment as would permit instructions of like tenor to be issued by the
Govenunents of Great Britain and tke United States, to guide the cit-
izens of the respective nationalities in the unmolested exercise of their
rights of Hshing in the waters in question, and defining the limits of
lawful action therein, have not as yet reached a final and satisfactory
result.

Although propositions are now pending for consideration, which it
is hoped may prove the basis of a just and permanent settlement, yet
as supplementary to the published history of this long-standing subject,
and as illustrating the obvious necessity in the interest of amity and
good neighborhood of having a clear and well-defined understanding
of the relative rights of the two Governments and their respective citi-
zens, it is considered expedient that Congress should have full knowl-
edge of the action of the Executive in the premises to assist them in
their deliberations upon this important subject.

It will be observed in the course of this correspondence that notifica-
tion has not failed to be duly given to the Government of Great Britain,
that compensation is expected for the loss and damage caused to Amer-
ican fishermen by the unwarrantable action of the local autI"^riMe8 of
the Dominion of Canada, not merely by the summary seizure of lueir
vessels and the exaction of heavy fines in advance of hearin.'j v,)r judg-
ment, but for the curtailment of privileges to which they were justly
entitled under commercial regulations as well as treaty stipulations,
and the consequent interference with their legitimate voyages, whereby
tlie natural profits of their industry were seriously diminished, and in
many cases wholly destroyed.

It would seem proper that steps inperpetuam rei meinoriam should be
taken by Congress to allow proofs to''be made and placed upon record
of these losses and injuries to our citizens, to enable them to be prop-
erly presented lo Her Majesty's Government for settlement ; and that
for this purpose a commission should be authorized by Congress to take
the necessary proofs of the respective claimants.

Respectfully submitted.

T. F. BAYARD.

286

BIGHTS OP AMERICAN FISHERMEN.

LIST OF INCLOSUBES.

II.— ConuEKi

I.— CORUK8PONDENCK BKTWEKN TUB DKPARTMKNT OP STATE AND THE BkITISH

Leqation in Washinqton.

¥

1.— Sir L. West to Mr. Bavard, March 19, 1886.

2.— Mr. Bayard to Sir L. West, March 23, 1886.

3.— Sir L. West to Mr. Bayard, March 24, 1886.

4.— Mr. Bayard to Sir L. West, May 10, 1886.

5.— Sir L. West to Mr. Bayard, May 10, 1886.

6.— Mr. Bayard to Sir L. West, May 20, 1886.

7.— Mr. Bayard to Sir L. West, May 22, 1886.

8.— Mr. Bayard to Sir L. West, May 29, 1886. .

9.— Sir L. West to Mr. Bayard, June 2, 1886.
10.— Mr. Bayard to Sir L. West, June 2, 1886. ,

11.— Mr. Bayard to Sir L. West, June 7, 1886.
12.— Sir L. West to Mr. Bayard, June 8, 1886.
13.— Mr. Bayard to Sir L. West, June 14, 1886. .
14.— Sir L. West to Mr. Bayard, June 15, 1886.
15.— Sir L. West to Mr. Bayard, June 18, 1886 (with incloanros).
16.— Mr. Bayard to Sir L. West, July 2, 1886.
17.— Sir L. West to Mr. Bayard. July 3, 1886. .
18.— Sir L. West to Mr. Bayard. July .3, 1886. ,

19.— Mr. Bayard to Sir L. West, July 10, 1886.
20.— Mr. Bayard to Sir L. West, July 10, 1886.
21.— Mr. Hardinge to Mr. Bayard, July 12, 1886.
22.— Mr. Hardinge to Mr. Bayard, July 12, 1886.
23.— Mr. Bayard to Mr. Hardiiige, July 16, 1886. . , .,

24.— Mr. Hardinge to Mr. Bayard, July 17, 1886.
25.— Mr. Bayard to Sir L. West, July 30, 1886. •

26.— Mr. Hardinge to Mr. Bayard, July 31, 1886.
27. — Mr. Hardinge to Mr. Bayard, August 2, 1886 (with inclosarest.
28.— Mr. Bayard to Mr. Hardinge, August 9, 1886.
29.— Mr. Hardinge to Mr. Bayard, August 10, 1886. , ,. ,'

30.— Mr. Bayard to Sir L. West, August 17, 1886. > "

31.— Sir L. West to Mr. Bayard, August 18, 1886. : .•

32.— Mr. Bayard to Sir L. West, August 18, 1886.
33.— Sir L. West to Mr. Bayard, August 18, 1386. i
34.— Sir L. West to Mr, Bayard, August 19, 1886. ' .j

35.— Sir L. West to Mr. Bavard, September 1, 188G. " .', ■ :.

36.— Mr. Bayard to Sir L. West, Septombor 10, 1886. • ' ' n)
37.— Sir L. West to Mr. Bayard, September 11, 1886. '. ,/ .

38.— Sir L. West to Mr. Bayard, September 17, 1886.
39.— Sir L. West to Mr. Bayard, September 18, 1886.
40.— Mr. Bayard to fctr L. West, September 23, 1886.
41,— Sir L. West to Mr. Bayard, Septombor 25, 1886.
42. — Sir L. West to Mr. Bayard, October 12, 1886 (with an inclosure).
43. — Sir L. West to Mr. Bayard, October 12, 1886 (with inclosures).
44.— Mr. Bayard to Sir L. West, October 19, 1886.
45. — Mr. Bayard to Sir L. West, October 20, 1886 (with an inolosnre).
46.— Sir L. West to Mr. Bayard, October 21, 1886.
47.— Mr. Bayard to Sir L. West, October 27, 1886.
48. — Sir L. West to Mr. Bayard, November 1, 1886 (with inclosures).
49. — Sir L. West to Mr. Bayard, November 9, 1886 (with an inclosure).
50. — Mr. Bayard to SirL. West, November 11, 1886 (with inclosures).
51.— Sir L. West to Mr. Bayard, November 12, 1886.
.V2.— Sir L. West to Mr. Bayard, November 15, 1886.
53.— Mr. Bayard to Sir L. West, December 1, 1886 (with inclosures).
54. — Sir L. West to Mr. Bayard, December 6, 1886 (with inclosures and oop7(rf j

Canadian customs act of 1883).
55. — Sir L. West to Mr. Bayard, December 7, 1886 (with inclosures).
56. — Sir L. West to Mr. Bayard, December 7, 1886 (with inolosores).
57.— Sir L. West to Mr. Bayard, December 7, 1886 (with inclosares).

RIGHTS OF AMERICAN FISHERMEN.

287

II — ConUESrONDBNCK BETWEEN THE DEPARTMENT OF StATB AND THK UNITKD

States Legation in London.

58 -Mr. Bayard t^ Mr. Phelpa (No. 289) May 11, 1866.

51) -Mr. Bayard to Mr. Phelpa (No. 303) May 21, 1886.

tiO.— Mr. Bayard to Mr. Phelps (No. 310), June 1, 1886.

61 —Mr. Phelps to Mr. Bayard (No. 293), June 5. 1886 (with an in 'losare).

62.-Mr. Bayard to Mr. Phelps (No. 328), June 18, 1886.

63.— Mr. Bayard to Mr. Phelps (No. 329), June 18, 1886 (with inolosures).

64 —Mr. Bayard to Mr. Phelps (No. 369), July 29, 1886 (with inolosures).

65.— Mr. Bayard to Mr. Phelps (No. 372), July 30, 1886.

66,— Mr. Pholps to Mr. Bayard (No. 351), September 13, 1886 (with inclosuren).

67.— Mr. Porter to Mr. Phelps (No. 414), September 29, 1886.

68.— Mr. Phelps to Mr. Bayard (No. 372), October 12, 188() (with an inclosure).

69.— Mr. Bayard to Mr. Phelps (No. 434), October 20, 1886.

70.— Mr. Bayard to Mr. Phelps (No. 452), November 6, 1886.

71.— Mr. Bayard to Mr. Phelps (No. 462), November 20, 1886.

III.— Miscellaneous. Selections from Correspondence of the Department
OF State with Pabties lntkrestkd in American Fisuinq Vessels molested
LV Canadian Waters.

72.— Messrs. Cushing and McKenney to Mr. Bayard, telegram, Portland, April 9,

1886.
73.— Mr. Bayard to Messrs. Cushing and McKonney, telegram, April 9, 1886.
74.— Mr. Woodbury to Mr. Bayard, May 21, 1886 (with inolosures).
75.— Mr. Woodbury to Mr. Bayard, May 22, 1886. . ■ . ^

76.— Mr. Steele to Mr. Bayard, May 22, 1886 (with inolosures).
77.— Mr. Bayard to Mr. Steele, May 26, 1886.
78.— Mr. Jordan to Mr. Bayard, June 4, 1886.
70.— Mr. Steele to Mr. Bayard, June 5, 1886 (with inolosures).
HO.— Mr. Steele to Mr. Bayard, June 5, 1886.
m.— Mr. Bayard to Mr. Steele, June 7, 1886.
82.— Mr. Bayard to Mr. Steele, June 8, 1886.
83.— Mr. Bayard to Mr. Jordan, June 8, 1886.
84.— Capt. Jesse Lewis to Mr. Bayard, June 26, 1886.
85.— Mr. Bayard to Capt. Jesse Lewis, June 30, 1886.
H6.— Mr. Willard to Mr. Bayard, telegram, Portland, July 3, 1886.
87.--Me89rs. Cushing and McKenney to Mr.Bayard, telegram,Portland,July 3,1886.
88.— Mr. Woodbury to Mr. Bayard, July 7, 1886 (with inclosures).
8y.—Mr. Willard to Mr. Bavard, July 7, 1886.
90. -Mr. Bayard to Mr. Willard, July 9, 1886.

01.— Hon. Mr. Boatelle to Mr. Bayard, telegram, Washington, July 10, 1886.
92.-Mr. Bayard to Mr. Boutelle, July 10, 1866.
y3.-Mr. Bayard to Mr. Woodbury, July 13, 1886.

94.— Hou. Mr. Boutelle to Mr. Bayard, July 14, 1886 (with an inclosure).
95.-Mr. Bayard to Hon. Mr. Boutelle, July 1.5, 1886.
96,— Mr. Woodbury to Mr. Bayard, July 28, 1886 (with inolosures).
97.— Mr. Bayard to Mr. Woodbury, July 30, 1886. ; : < '

98.— Mr. Woodbury to Mr. Bayard, July 30, 1886 (with an inclosure). , .

99.-Mr. Bayard to Mr. Woodbury, July 31, 1886.

100.— Mr. Presson to Mr. Bayard, August 9, 1886 (with an inclosure). ''

IW.— Mr. Presson to Mr. Bayard, August 10, 1886 (with an inclosure). ' ■ v '< •
10,!,— Mr. Presson to Mr. Bay.-ird, August 14, 1886 (with au inclosure). . r ^ .

10;t.-Mr. Bayard to Mr. Presson, August 18, 1886.
104.— Mr. Bayard to Messrs. Cushing and McKenney, August 19, 1886.
10.^.--Mr. Woodbury to Mr. Bayard, October 12, 1886 (with inolosures). '
iO(i.-Mr. Bayard to Woodbury, October 15, 1886.
107,-Mr. Steele to Mr. Bayard, October 18, 1886.

108.-Mr. Bayard to Mr. Steele, October 20, 1886. „, . : , . .,

109. -Mr. Steele to Mr. Bayard, October 25, 1886. ' ' ' ' ^ ' *

^ IV -Extension of cbrtaln fishing rights under thb treaty of Washington.
110.— Senate Document No. 32, first session Forty-ninth Congress.

t

I.-C011RESP0NDENCE BETWEEN THE DEPARTMENT OF STATE
AND THE BRITISH LEGATION IN WASHINGTON.

.• No. 1.

Sir L. West to Mr. Bayard.

Washington, March 19, 1880. [lieceived March 20.]
I have the honor to inform you that tlie Earl of Ilosebery liaj I
requested me to ascertain whether it is intended to give notice to the
United States fishermen that they are now prerUuled from lishiucii
British North American territorial waters, as Her Majesty's Goverument |
are considering the expediency of issuing a reciprocal notice with re^
gard to British fishermen in American waters.
I have, &c.,

L. 8. SACKVILLE WEST,

No. 2.

Mr. Bayard to Sir L. West.

• - Department of State,

Wa^hingtonj March 23, 1886.

Sir: I have the honor to acknowledge the receipt of your note of the!
19th instant, whereby you inform me that you have been requested by I
the Earl of Kosebery to ascertain "whether it is intended to give notice
to the United States fishermen that they are now precluded from M
ing in British North American territorial waters," and to inform joii,iii|
reply, that as full and formal public notification in the premises '
already been given by the President's proclamation of 31st Jauuaij,]
1885, it is not now deemed necessary to repeat it.

The temporary arrangement made between us on the 22d of Juoe,!
1885, whereby certain fishing operations on the respective coasts werel
not to be interfered with during the fishing season of 1885, iiotwitli |
standing the abrogation of the fishery articles of the treaty of Wash I
ington, came to an end under its own expressed limitation ou tlie3l8!j
of December last, and the fisheries question is now understood to resij
ou existing treatieSj precisely as though no fishery articles had been it' [
corporated in the treaty of Washington. I

In view of the enduring nature and important extent of therigliti|

secured to American fishermen in British North American territoriilj

waters under the provisions of the treaty of 1818, to take fish witbintliej

5»8

RIGHTS OF AMERICAN FISHERMEN.

289

tlireo-mi'i' lirn' on certain detluod i)art8 of the Britinh North Ameriuau
(•o;i8ts, aii<l to dry and euro tlsli tUero under certain conditions, this
Government lias not found it necessary to give to United States fisher-
men any uotiflcation that " they are now precluded from fishing iu
British North American territorial waters."
I have, &c.,

T. F. BAYAKD.

No. 3.

Sir L. Went to Mr. Bayard.

British Legation,
WoHhington, March 24, 1880. [Receifved Marcit 25.]

Sib: 1 have the honor to ackuowledfje the receipt of your note of the
Lid instant, in reply to mine of the 19th, informing me that, as full and
loiuial public notification in the promises has already been given by the
President's proclamation of the 31st January, 1885, it has not been found
iictessary to give to United Staf^is fishermen any further uotificatioo
that tboy are now precluded from fishing in British North American
territorial waters. I have duly informed Ilor Majesty's Government
aud the Government of the Dominion of this decision.
I have, &c., ^ .

L. S. SACKVILLE WEST.

No. 4. / ;

Mr. Bayard to Sir L. We8t.

Department of State,
Washington, May 10, 1886.

Sik: On the 0th instant I receive<l from the consul-general of the

Uuitcd States at Halifax a statement of the seizure of an American

; schooner, the Joseph Story, of Gloucester, Mass., by the authorities at

• BaddecJj, Cape Breton, and her discharge after a detention of tvreuty-

1 four hours.

On Saturday, the 8th instant, I received a telegram from the same
ollicial announcing the seizure of the American schooner David J.
Adams, of Gloucester, Mass., in the Annapolis Basin, Nova Scotia,
and that the vessel had been placed in the custody of an officer of the
Canadian steamer Lausdowue and sent to St. John, New Brunswiclt,
i for trial.

As both of these seizures took jilace in closely landlocked harbors,
|uo invasion of the territorial waters of the British Provinces, with the
iview of fishing there, could well be imagined ; and yet the arrests ap-
Ipear to have been based upon the act or intent of fishing within waters
las to which, under the provision of the treaty of ^813 between Great
Britain and the United States of America, the liberty of tao inhabitants
[of the United States to jish has been renounced.

It would be superfluous for me to dwell upon the desire which, I aui
[sure, controls those respectively charged with the administration of tho
[Governments of Great Britain aud of tUe United States to prevent oo-
8. Ex. 113 19

t»!M)

ItKJIIT.S OF AMKRIOAN FI8HE11MEN.

m ^

<!urn!iic(!H teiKliiiK'to<'i(nit««Xii.siH'riiti<)ii,or utiiUM},'hh()iIy IVcIiii^j, ori-ol.
lisio;! l)i'(\v('(>ii tliu iiiliiibit.ii!!ts of tlio two countries; l>ut,iiiiiiii)it('(lwit|,
tliiH Kciitiiiu'ut, tliu time HCiMUH oppoi'tiiiu) lor nw to Nuhirwt, sonu; vk'im
for your coiisidonition, which 1 ('oufidcntty hope will lead IosucIiikI.
inini.striitiou of the liiw.s ro/^ulatin^j; tlie counncrcial interests and tlie
mercantile marine of tlui two countnen as may promote good fet'Iiii^'mwi
mutual advantage, antl j)revent lio.stility to commerce under tliegiiJKe
of protection to inshore ti.shei ies.

The treaty of 1H18 is between two nations, the United Htutw «(
America and Great Britain, who, as the (iontracting jiarties, can aloiit
apply authoritative interpretation thereto, or enforce its provisions In
appropriate legislation.

The discussion prior to the conclusion of the treaty of WaHliinf;|(ii)
in 1871 was productive of a substantial agreement between tlio t«o
countries as to the existence and limit of the three mariny mih's within
the Hue of which, upon the regions defined in the treaty of 181S, it
should not be lawful for American fishermen to take, dry, or euro lisli,
There is no hesitancy u))on the i)art of the Government of the UiiiW
States to iM'oclaim such inhibition and warn their citizens against tlic
infraction of the treaty in that regard, S(> that such inshore fishing tan
not lawfully be enjoyed by an American vessel being within three niaiiiu'
miles of the Land.

But since the date o^ the treaty of 1818, a series of laws and rcfjiila
tions importantly attecting the trade between the North Ameiican I'rov
inces of Great Britain and the United States have been, respectively,
adoi)ted by the two countries, and have 'ed to amicable and niutiialij
beneficial relations betweoii their respective inhabitants.

This independent and yet concurrent action by the two Govorniiionts
has ett'ected a gradual extension, from time to time, of the provisions of
Article I of the convention of July ;{, 1815, providing for reciprocal lib
orty of commerce between the United States and the territories of
Great Britain in Europe, so as gradually to include the colonial pes
sessions of Great Britain in North America and the West Indies witbin
the results of that treaty.

President Jackson's proclamation of October 5, 1830, created a reeip'
rocal commercial intercourse, on terms of perfect equality of flag, b«
tween this country and the British American dependencies, by repeal
jng the navigation acts of April 18, 1818, May 15, 1820, and March 1,
1823, and admitting British vessels and their cargoes "to an entry iu
the i)orts of the United States from the islands, provinces, and colonies
of Great Britain on or near the Amorican continent, and north or east
of the United States." These commercial [)rivileges have since received
a large extension iu the interests of projjinquitj^ and in soino cases
favors have been granted by the United States without equivalent con
cession. Of the latter class is the exem])tiou granted by the shipping
act of June 26, 1884, amounting to one-half of the regular tonnage dues
on all vessels from the British North American and West Indian pos- j
sessions entering ports of the United States. Of the reciprocal class
are the arrangements for transit of goods, and the remission, by procla
mation, as to certain British ports and places of the remainder of tlie
tonnage-tax, on evidence of equal treatment being shown to our vessels.

On the other side', British and colonial legislation, as notably in tlie
case of the imperial shipping and navigation act of June 20, 1819, bss ;
contributed its share toward building up an intimate intercourse and j
beneficial traffic between the two countries founded on mutual interest
and convenience.

iii

KIGHT.S OF AMEKICAN FI81IEUMKN.

291

Tbe»« ;iir;ui},'«iiuMitH, bo I'ar as tbe United Status arc conceruetl, do-
iu'ikI upon mimicipiil statute and iqum ilio discretionary powers of the
Kxeciitivc tlieieundcr.

The seizure of tlie vessels 1 have mentioned, and certain [niblished
"warnings" pnrportinjj to have been issued by tlie colonial authorities,
would appear to have been made untler a supposed «Kdo{{aiion of ju-
risdiction by the Imperial Clovernment of Oreat IJritain, and to bo in-
tciided to include authority to inter|)ret and enforce the provisions of
the trt'iity of 1S18, to which, as 1 have remarked, the United States and
(Irtit Ibitain are the contractiii}? parties, who can alone d(.'al responsi-
lily with (pu'Htions aritsiu}? thereunder.

The ctlfct of this colonial lefjislation and Executive interpretation, if
executed aecordni}; to the lettvr, would bo not only to cx[Mind the re-
Htrictions and renunciations of the treaty ol 1818, which rclatetl solely
toiusliore fishery witliin the three-mile limit, so as to all'ect the deep-sea
fisheries, the right to which remained unquestioneci and unimpaired for
tbe enjoyn)ent of the citizens of the Uinted States, but further to di-
miiiisli and ])ractically to destroy the privileges expressly secured to
American fishing vessels t(/ visit those inshore waters for the objects of
siieiter, repair of damages, and purchasing wood, and obtaining water.
Since 1<S18, certain important changes have taken place in tishing in
the regions in question, which have material'y modified the conditions
under which the business of inshore fishing is conducted and which
must have great weight in any present adminiistratiou of the treaty.

Drying and curing fish, for which a use of tlio adjacent shores was

at one time requisite, is iu)W no longer followed, and moderii invention

I (if processes of artificial freezing, and the employment of vessels of a

lar|;er size, i)ermit the catch and direct transportation of fish to the

j iiiarliets of the United States without recourse to tiie shores contiguous

j to the fishing grounds.

The mode of taking fish inshore has also been wholly changed, and
I hum tlie highest authority on such subjects I learn that bait is no longer
[iimled for such fishing, that purse-seines have been substituted for the
[other methods of taking mackerel, and that by their employme"*^^ these
[lish are now readily caught in deeper waters entirely extericjr to the
Itlireeinilc line.

As it is admitted th.at the deep-sea fishing was not under considera-
[tioii ill the negotiation of the treaty of 1818, nor was all'ected thereby,
[ami as the use of bait for inshore flrshing has passed wholly into disuse,
[tlie reasons which may have formerly existed for refusing to permit
JAmerican fishermen to catch or procure bait within the line of a marine
ileaj,'iie from the shore lest they should also use it in the same inhibited
[waters for the purpose of catching other fish, no longer exist.

For it will, 1 believe, be conceded as a fact that bait is no longer
jiiecded to catch herring or mackerel, which are the objects of inshore
fishing, but is used, and only used, in deep-sea fishing, and, therefore, to
|)revcut the purchase of bait or any other supply needed in deep-sea
piling, under color of executing the provisions of the treaty of 1818,
Wild be to expand that convention to objects wholly beyond its pur-
view, scope, and intent, and give to it an efl'ect never contemplated by
fcitber party, and accouipauied by results unjust and injurious to the
fitizens of the United States.
As, therefore, there is no longer any inducement for American fisher-
Ben to "dry and cure" fish on the interdicted coasts of the Canadian
pcviuces, and as bait is no longer used or needed by them [for the
psecutiou of inshore fishing] in order to "take" fish in the inshore

292

RIGHTS OF AMIOKICAN FISHERMEN.

watei'8 to which llio Irealy of 1818 nUme rehitc , 1 ask you to cousidei
the results of excliuliiifi; Aincricaii vessels, dul.v possessed of permitj
from their own Govermneut to toueh and trade at Canadian pom as
well as to engage in deep sea-fishing:, from exercising freely the same I
customary and reasonable rights and privileges of trade iii tiio ports
of the British colonies as are freely allowed to British ve8s«>ls in all the
ports of the Uuited States under the laws and regulations to wliicbl
have adverted.

Among these customary rights and privileges may be eiiviineratttl I
the purchiise of ship-supplies of every nature, making repairs,! he hlii]).
mentof craws in whole or part, and the purchase of ice and bait I'oriisi'I
iu deep-sea fishing.

Concurrently, these usual rational and convenient privileges arc i
freely ejk.tv.uded to and arc full.\ enjoyed by the Canadian uiercliaiit
marine of all occupations, including fishermen in the ports of the United 1
States.

The question therefore arises whether such a construction isadiuissi
ble as would convert the treaty of 1818 from being an instrumeutalitj '
for the protection of the iyshore fisheries along the described parts ot^
the British American coast into a pretext or means of obstructiii}; tlie j
business of deep-sea fishing by citizens of the United States, and of in
terrupting and destroying the commercial intercourse that sincetiicj
treaty ot 1818, and independent of any treaty whatever, has jLirowaup
and now exists undei' the concurrent and friendly laws and inert iutili(
regulations of the respective countries.

I may recall to your attention the fact that a proposition to excliidi:!
the vessels of the United States engaged in fishing from oi>vrviii;'als«|
merchandise was made by the British negotiators of the treaty of ISIS, j
but being resisted by the American negotiators was abandoned. Tliis
tact would seem clearly to indicate that the business of fishing: did nut)
then, and does not now, disqu'vlify a vessel from also tradinjj in tiiij
regular ports of entry.

1 have been led to offer these considerations by the recent scizmcsofj
American vessels to which 1 have adverted and by indications of ii 1ot1|
spirit of interpretation iu the Provinces, affecting friendly inteniouM,]
which is, I firmly believe, not warranted by the terms of the stii)ula j
tions on which it ]>rofesses to rest. It is not my purpose t •
the facts of the cases, nor have I any desire to shield »;
vessel from the consequences of violation of iHternatiouai
The views J advancv) may ])rove not to be applicable in every iv
thoKO j)articular cases, and I should bo glad if no case whatever werel
to arise calling in question the good understanding of the two couutriesj
in this regard in order to be free from the grave apprehensions wliicli
otherwise I am unable to d'smiss.

It vrould be most unfortunate, and, I cannot refiain frou saying, iiio^l
unworthy, if the two nations who contracted the treaty of 181d sl)oiilii|
permit any questions of mutual right and duty under that conveiitioi
to become obscured by partisan advocacy or distorted by the licato^
local interests, It cannot but bo the common aim to conduct all li
cussion in this regard with dignity and in a self respecting spirit,
will show itself intent upon securing equal justice rather than untT'^
advantage. Comity, courtesy, and Justice cannot, I am sure, fail toll'
the ruling motives and objects of discussion.

I shall be most happy lo come to a distinct and friendly iinderstao
ing with you, as the representative of Her Britannic Majesty's Goveii
ineut, which will result iu such a definition of the rights of Americf

RIGHTS OP AMERICAN FISHERMEN.

293

fisliing-vosisels under the treaty of 1818 as shall effectually prevent any
encioacbiiH'iit by them upon the territorial waters of the British Prov-
inces for the purpose of fishing within those waters, or trespassing in
aiiv way upon the littoral or marine rights of the inhabitants, and, at
I'iie same time, prevent that convention from being improperly expanded
iitoau instrument of discord by affecti.ig interests and accomplishing
results wholly outside of and contrary to its object and intent, by allow-
ing it to b2come an agency to interfere with and perhaps destroy those
reciprocal commercial privileges and facilities between neighboring
comninnities which contribute so importantly to their peace and hap-
piness. It is obviously essential that the administration of the laws
reuuiatiog the Canadian inshore f shing s'.ould not be conducted in a
inniitivo and hostile spirit, which can only tend to induce acts of a re-
taliatory nat^ure.

Ever.ytl'ing will be done by the United States to cause their citizens
engageli iii ftshing to conform to the obligations of the treaty, and pre-
veut an infraction of the fishing laws of the British Provinces; but it is
equally necessary that ordinary commercial intercourse should not be
interrupted by harsh measures and unfriendly administration.

I have the himor, therefore, to invite a frank expression of your views
upon tl'". subject, believing that, should any differ'^nces of opinion or dis-
agreement as to facts exist, they will be found lo bo so minimized that
J an accord can be established for the full protection of the inshore fish-
iing of the British Provinces, without obstructing the open-sea fishing
[operations of the citizens of the United States or disturbing the trade
[reflations now subsisting between tho countries.
1 have, &c.,

T. P. BAYARD.

No. 5.
Sir L. Went to Mr. Bayard.

Washington, May 10, 188G. [Received May 12.]

Sir: I have the honor to acknowledge the receipt of your note of
ttjiis (lay's date, and to inform you that 1 have lost no time in transmit-
iting copy of this important communication to Her Majesty's Govern-
[inent.

I have, &c.,

L. S. SAOKVILLE WEST.

No. C.

Mr. Bayard to Sir L. West.

Department of State.

Wfffihingtop, May go, 'iftSO.

Sir: Although without re^dy to the note I had the honor to address
Etoyou on the 10th instant, in relation to the Canadian fisheries and the
jinterpretation of the treaty of 1818 befween the United States and
iwent Britain as to the rights and dutios?

of the Amer'can citizens en-

294

RIGHTS OF AMERICAN FISHERMEN.

H'

m

gaged in maritime trade and intercourse with the Provinces of British
North America, in view of the unrestrained, and, as it appears to me
unwarranted, irreguhir, and severe action of Canadian oflicials toward
American vessels In those waters, yet I feel it to be my duty ^o bring
impressively to your attention information more recently received by
mo from the United States consul-general at Halifax, Nova Scotia,in
relation to the seizure and continued detention of the American schoonet
David J. Adams, already referred to in my previous note, and the
apparent disposition of the local ofBcials to use the most extreme and
technical reasons for interference with vessels not engaged in or in-
tended for inshore fishing on that coast.

The report received by me yesterday evening alleges such action in
relation to the vtssel mentioned as renders it difficult to imagine it to
be that orderly proceeding and " due process of law " so well known and
customarily exercised in Great Britain and the United States, and whicli
dignifies the two Governments, and gives to private rights of property
and the liberty of the individual their essential safeguards.

By the information thus derived it would appear that after four sev
eral and distinct visitations by boats' crews from the Lansdowne, in
Annapolis Basu, Nova Scotia, the David J. Adams was summarily
taken into custody by the Canadian steamer Lansdowne and carried
out of the Province of Nova Scotia, across the Bay of Fundy, and into
the port of St. John, New Brunswick, and without explanation or hear-
ing, on the following Monday, May 10, taken back again by an armed
crew to Digoy, in Nova Scotia. That in Digby the paper alleged to Iw
the legal precei>t for the capture and detention of the vessel was nailed
to her mast in such manner as to prevent its contents being read, and
the request of the captain of the David J. Adams and of the United
States consul-general to be allowed to detach the writ from the mast for
tbe purpose of learning its contents was positively refused by the pro-
vincial official in charge. Nor was the United States consul-general
able to learn from the commander of the Lansdowne the nature of the
complaint against the vessel, and his respectful application to tbiit
effect was fruitless.

In 80 extraordinary, confused, and irresponsible a condition of afi'airs,
it is not possible to ascertain with that accuracy which is needful in
matters of such grave importance the precise grounds for this harsh |
and peremptory arrest and detention of a vessel the property of citi- i
zens of a nation with whom relations of peace and amity were supposed ;
to exist.

From the best information, however, which the United States consnl-
general was enabled to obtain after application to the prosecuting oil
cials, he reports that the David J. Adams was seized and is now held j
(1) for alleged violation of the treaty of 1818 ; (2) for alleged violation
of the act 59 Geo. Ill ; (3) for alleged violation of the colonial act of j
Nova Scotia of 1868 ; and (4) for alleged violation of the act of ir"
and also that of 1883, both Canadian statutes.

Of these allegations there is but one which at present I press upon]
your immediate consideration, and that is the alleged infraction of the |
treaty of 1818.

I beg to recall to your attention the correspondence and action of j
those respectively charged with the administration and government of
Great Britain and the United States in the year 1870, when the same
international questions v.ere under consideration and the statne of law j
was not essentially different from what it is at present.

RIGHTS OF AMERICAN FISHERMEN.

295

T'liis correspondence discloses the intention of the Canadian authori-
ties of tliat day to prevent encroach ment upon their inshore fishing
grounds, and their preparations in the way of a marine police force,
very much as we now witness. The statutes of Great Britain and of
her Canadian Provinces^ which are now supposed to be invoked as au-
thority for the action against the schooner David J. Adams, wore then
reported as the basis of their proceedings.

Ill his note of May 20, 1870, Mr. (afterwards Sir Ed-vard) Thornton,
tbe British minister at this capital, conveyed to Mr. Fisli, then Secre-
tary of State, copies of the orders of the royal Admiralty to Vice-Ad-
miral Wellesley, in command of the naval forces " employed in main-
taining order at the fisheries in the neighborhood of the coasts of Canada."

All of these orders directed the protection of Canadian fishermen and
cordial co-operation and concert with t'le United States force sent on
tlio same service with respect to American fishermen in those waters.
Great caution in the arrest of American vessels charged with violation
i of the Canadian fishing laws was scrupulously enjoined upon the British
aiithorit'es, and the extreme importance of the commanding officers of
[ ships selected to protect the fisheries exercising the utmost discretion
in paying especial attention to Lord Granville's observation, that no ves-
sel should be seized nnless it were evident, and could be clearly proved,
tbaltlioort'ense of fishing had been committed, and the vessel captured
[within three miles of land.

This caution was still more explicitly announced when Mr. Thornton,
[on the 11th of June, 1870, wrote to Mr. Fish :

Yon arc, howevor, quito right in not doubting that Admiral Wollesloy, on the re-
Iccipt of tbo later instructions addressed to him on the 5tu ultimo, will have modified
IthodircctionH to the officers under hia command so that they maybe in conformity
Ivitli tlio viows of tlio Admiralty. In confirmation of *jhis I have since received a let-
Iterfiom Vice- Admiral Wellesley dated the 30th ultimo, informing mo that he had ro-
Iceived iustractions to the oU'ect that officers of Her Majesty's ships employed in the
jrotectiou of the fisheries should not seize any vessel unless it were evident, and could
ll)c clearly proved, that the offense of fisning hadbeon committed and the vessel itself
Iciiptured within throe miles of hind.

Thisunderstandingbetweenthe twoGovernments wisely and efficiently

guarded against the manifest danger of intrusting the execution of

Ipowers so important and involving so high and delicate a discretion to

any but wise and responsible officials, whose prudence and care should

Ibe commeusnrate with the magnitude and national importance of the

linterests involved. And I should fail in my duty if I did not endeavor

|to iraprcVs you with mj sense of the absolute and instant necessity that

m exists for a restriction of the seizure of American vessels charged

violations of the treaty of 1818 to the conditions announced by Sir

plward Tiiointon to this Government in June, 1870.

The charges of violating the local laws a.id commercial regulations of

|[lie ports of the British Provinces (to which I am desirons that due and

1 observance should be paid by citizens of the Uniiied States), I do

tot consider in this note, and I will only take this ocaasion to ask you

|o;;iyenie full information of tlieoflicial action oftheCant.lian authori-

|esiii this regard, and what laws and regulations having the force of

a«',iu relation to the i)rotection of their inshore fisheries and prevent-

iiseucroachinents thereon, are now held by them to bo in force.

l>Ht 1 trust you will Join with mo in realizing the urgenr and essential

Tiportance of restricting all arrests of American fishing vessels forsup-

«si'd or alleged violations of the convention of 1818 within the limita-

'"ps and (■uiiditioiia Iiiiu d<)wu by tiie authorities of Great Britain in

»'", to wit: That no vessel shall be seized unless it is evident and can

29G

RIGHTS Of AMERICAN FISHERMEN.

be clearly proved that the offense of fishing baa been committed and the
vessel itself captured within three miles of land.

In regard to the necessity for the instant imposition of snch restric
tions upon the arrest of vessels, you will, I believe, agree with me, and
I will therefore ask you to procure such steps to be taken as shall cause
such orders to be forthwith put in force under the authority of Her Ma-
jesty's Government.
I have, &c.,

T. F. BAYARD.

(*^-,'j ;-,'-ii-:r'i''ivJ

No. 7.
* Mr. Bayard to Sir L. West.

Department of State,

Washington, May 22, 1886.

My Dear Sib Lionel: I have telegraphed to-day to Mr. Phelps,
urging the advantage and need of my coming to some immediate un-
derstanding with you expressive of the views of the two parties to the
treaty.

My conviction strengthens as to the importance of having a stop put
at once to vexatious interpretations and action by local authorities,
which can only hinder au amicable accord, and I have asked that these
seizures bo suspended without prejudice to the legal results pending an
authoritative treatment of the main question.

It surely cannot be the purpose of the provincial authorities to em
barrass the two Governments, by whom alone the issues are cognizable, I
A frank and friendly spirit has been exhibited by both Governments in j
abstaining from any demonstration of naval force in the provincial wa-
ters, and it is desirable that this should be continued, as it will add to j
the moral impressivoness of any settlement we may arrive at.

Very faithfully yours,
,, . - , T. F. BATAED.

i

.i:i;.ii,;4r;, j.;: ffiii;^,

No. 8.
Mr, Bayard to Sir L. West.

Department of State,
Washington, May 29, 188C.

Sir: I have just received an official imprint of House of Commons j
bill No. 136, now pending in the Canadian Parliament, entitled "Anj
act further to amend the act respecting fishing by foreign ves8el8,"and|
am informed that it has passed the house and is now pending in tiiej
senate.

This bill proposes the forcible search, seizure, and forfeiture of any Iw
eign vessel within any harbor in Canada, or hovering within three marinej
miles of any of the coasts, bays, creeks, or harbors in Canada, ^herej
such vessel has entered such.waters for any purpose not permitted 1
the laws of nations, or by treaty or convention, or by any lawoftii^
United Kingdom or of Canada now in force.

I hasten to draw your attention to the wholly unwarranted proposij
tion of the Canadian authorities, through their local agents, arbitrarilF

BIGHTS OP AMERICAN FISHERMEN.

297

to enforce according to their own constructiou the provisions of any
I convention between the United States and Great Britain, and, by the
interpolation of language not found in any such treaty, and, by inter-
; nretation not claimed or conceded by either party to such treaty, to
I Invade and destroy the commercial rights and privileges of citizens of
I the United States under and by virtue of treaty stipulation with Great
Britain and statutes in that behalf made and provided.

I have also been furnished with a copy of circular No. 371, purport-
ing to be from the customs department at Ottsiwa, dated May 7, 1886,
I and to be signed by J. Johnson, commissioner of customs, assuming to
execute the provisions of the treaty between the United States and
Great Britain, concluded October 20, 1818, and printed copies of a warn-
[ing, purporting to be issued by George E. Foster, minister of marine and
fisheries, dated at Ottawa, March 5, 1886, of a similar tenor, although
callable of unequal results in its execution.

Such proceedings I conceive to be flagrantly violative of the recipro-
cal comniercial privileges to which citizens of the United States are law-
fully entitled under statutes of Great Britain and the well-defined and
publicly proclaimed authority of both countries, besides being in respect
of the existing conventions between the two countries an assumption
of jurisdiction entirely unwarranted and which is wholly denied by the
[United States.

In tbe interest of the maintenance of peaceful and friendly relations, I
[give you my earliest information on this subject, adding that I have
Itelftgriiplied Mr. Phelps, our minister at Lojidon, to make earnest pro-
[test to Uer Majesty's Government against such arbitrary, unlawful, un-
warranted and unfriendly action on the part of the Canadian Govern-
nieut and its officials, and have instructed Mr. Phelps to give notice
[that tbe Government of Great Britain will be held liable for all losses
[and injuries to citizens of the United States and their property caused
[by the unauthorized and unfriendly action of the Canadian officials to
[wliicb I bave referred.

I have, &c.

T. F. BAYARDs

No. 9.

.'■f'\. ;■!

SirL. West to Mr. Bayard.

Washington, June 2, 1886. [Received Juno 3. j

Sir: I bave the honor to acknowledge the receipt of your notes of
|thc20tb and 29th of May on the subject of tbe seizure of American fish-
jing vessels in Canadian waters.

I have, &c. > • -'-

L. S. SACXVILLE WEST. ,«

No. 10. : : • ; ^

Mr. Bayard to Sir L. West.

Wabhington, June 2,. 1886.
My Dear Sir Lionel : A telegram from Eastport, in Maine, to the
Iwembcr of Congress from that district, announces a threat by Dominion
Icollectors of customs to seize American boats if they buy herring for
Icanning in the Dominion weirs.

298

RIGHTS OF AMERICAN FISHERMEN.

This additional tb-eatened iuliibitiou of trade relates to the sardht
industry, whicU consists in canning in the United States very small and
young herring, which, I am informed, are caught very closely insbore in I
weirs, in Canadian waters, by the inhabitants and sokl to citizens ofthej
United States.

The occupation is carried on solely by Canadian fishermen, along the I
coasts of their own country, so that the interference suggested is with
their freedom of contract to dispose of property lawfully the result of |
their own labors, because the sale is to citizens of the United States.

It is important that the facts should be made known plainly.
Yours very sincerely,

T. F. BAYARD,

No. 11.

Mr. Bayard to Sir L. West.

Department op State,
Washington, June 7, 188G.

Sir : I regret exceedingly to communicate that report is today made
to me, accompanied by affidavit, of the refusal of the collector of ens
toms at the port of St. Andrews, New Brunswick, to allow the master
of the American schooner Annie M. Jordan, of Gloucester, Mass., to j
enter the said vessel at that port, although properly documented as a
fishing vessel with permission to touch and trade at any foreign port |
or place during her voyage.

The object of such entry was explained by the master to be the par
chase and exportation of " certain merchandise " (possibly fresh fish for
food, or bait for deep-sea fishing).

The vessel was threatened with seizure b^ the Canadian authorities,
and her owners allege that they have sustained damage from this refusal
of commercial rights.

1 earnestly protest against this unwarranted withholding of lawful !
commercial privileges from an American vessel and her owners, and for I
the loss and damage consequent thereon thb Government of Great [
Britain will be held liiible.
I have, &c.,

T. F. BAYAED.

No. 12.

Sir L, West to Mr. Bayard.

Washington, June 8, 1886. [Received Juno 9.]
Sir : I have the honor to acknowledge the receipt of your note of the
7th instant, protesting against the proceedings taken in the case of the !
Annie M. Jordan by the Canadian authorities.
I have, &c.,

L. S. SACKVILLE WEST.

EIGHTS OF AMERICAN FISHERMEN.

209

No. 13.

M^. Bayard to Sir L. West.

Department of State,
Washington, June i4, 18SG.
Sir: Tlio consul-geiioral of tbo United States at Halifax coiunnmi-
Icated to mo the iuformation derived by him from the collector of cus-
[toiiis at that port to the effect that American fishing vessels will not
{l)C permitted to land fish at that port of eutry for transportation in
Ibond across the proviiice.

have also to inform you that the masters of the four American fish-
ijiig vessels of Gloucester, Mass., Martha A. Bradley, Kattler, Eliza

Boynton, and

Pioneer,

have severally reported to the consul-general

M Halifax that the subcdlector of customs at Uanso had warned them

|{o keep outside an imaginary line drawn from a point three miles out-

gido Canso llead to a poin* three miles outside St. Esprit, on the Cape

lirpton coast, a distance of 40 miles. This line for nearly its entire cou-

Itiiiuauce is distant 12 to 25 miles from the coast.

fbesame masters also report that they were warned against going
inside an imaginary line drawn from a point three miles outside North
Ciipe, ou Pnnco Edward Island, to a point three miles outside of East
Point, oil tue same island, a distance of over 100 miles, and that this
tetnamed lino was for nearly that entire distance about 30 miles from
klie shore.

The same authority informed the masters of the vessels referred to
lint they would not be permitted to enter Bay Ohaleur.

Such warnings are, as you must bo well aware, wholly unwarranted
|)i'etensioiis of extra cerritorial authority and usurpations of jurisdic-
1 l)y the provincial officials.

Ithecomes my duty, in bringing this information to your notice, to
oqiicst that if any such orders for interference with the unquestiona-
|iIp rights of the American fishermen to pursue their business without
nolestation at any point not within three marine miles of the shores, and
|ritbin the defined limits as to which renunciation of the liberty to fish
^as expressed in the treaty of 1818', may have been issued, the same
)ia,v at once be revoked as violative of the rights of citizens of the
United States under convention with Great Britain.

: will ask you to bring this subject to the immediate attention of Her
Britannic Majesty's Government, to the end that proper remedial or-
ders may be forthwith issued.

It seems most unfortunate and rogretable that questions which have

«u long since settled between the United States and Great Britain
[liould uow be sought to bo revived.
I have, &c.,

T. F. BAYARD.

No. 14.
Sir L. West to Mr. Bayard.

Washington, June 15, 1880. [Received Juno IG.J

; I have the honor to acknowledge the receipt of your note of
sterday's date, bringing to my notice certain alleged warnings given

'm

noo

UIGIITS OP AMERICAN TISUERMEN.

b.v the Cauadiaii uutborities to Auiericau fisliing v<!S8els, and to inforn)
ytu that I have brought the matter to the notice of Her Majesty's Gov
eminent.

I Iiavo, &c.

L. S. SACKVILLE WEST.

No. 15.

■ . Sir L. ^Ve8t to Mr. Bayard.

, '■ ' British Legation,

'" ' '■ r ■ Washington, June 18, 1886. [l?cceive(l June 19.]

Sir Lionel West presents hiscomidinieuts to Mr. Bayard, aiftl liastliol
honor to transmit to him herewitli the accompanying acts, which have
been forwarded to hiiii, at the request of Sir Jolin JMcDonald, bytlic
deputy minister of marine and fisheries, for liis information.

1 4 -H~

'' '*' ■ [TncIoBnro No. 1.]

Cap. XIV.

AN ACT ntlatin,^ to tlio UshciieB, and for tho ]irovoDtio]i of illicit tradu in I'liuco Ktlwnnt'H Tsluil, |

and tho coasts and harbors thereof.

Whereas Ijy tho convention made between his late Majesty King Gcorffo the Tliiril I
and tho United States of America, signed at London, on tho twentieth day of Octo-J
ber, in tho year of onr Lord ono thousand eight hundred and eighteen, an(ltlies'''tf
uto made and passed in tho rarliauient of Great Britain, in tho iifty-niuthyoaroltbej
reign of his lato Mjijosty King George tho Third, all foreign ships, vessels, or boats,!
or any ship, vessel, or boat, other than such as shall bo navigated according tfltlicj
laws of tho United Kingdom of Great Britain and Ireland, found lishing, or to liavel
been fishing, or preparing to iish, within certain distances of any coasts, hays, creeks,!
or harbors whatever, in any part of His Majesty's dominions in America, not inclndodj
within the limits specified in the lirst article of the said convention, aro liable to seizl
ure ; and whereas tho United States did} by tho said convention, renounce i'orcyirj
any liberty enjoyed or claimed by tlio inhabitants thereof to take, dry, orcnnifch|
on or witliin three marine milos of any of tho coasts, bays, creeks, or harljorsofF'
Britannic Majesty's dominions in America, not included within tho abovc-nicntioneJl
limits: Provided, however, That tho American fishermen should bo adniittcdtoentej
such bays or harbors for tho purpose of shelter and of repairing damages therein, off
purchasing wood, and of obtaining water, and for no otlier purposes whatever, ktl
under such restrictions as might bo necessary to prevent their takiug, drying, orcurf
ing fish therein, or in any other manner whatever abusing the privileges tliorobytfj
served to them ; and whereas no rules or regulations liave been made for sncli pat-f
pose, and the interests of tho inhabit.ants of this island are materially impaired; m
whereas the said act does not designate the persons who are to make such seizure J
aforesaid, and it frequently happens that persons found within the distances ol'tliej
coasts aforesaid, infringing the articles of the convention aforcs.aid, and the cnaclj
ments of tho statute aforesaid, on being talcon possession of profess to hiive (oninl
within said limits for tho i)urposo of shelter and repairing damages therein, or to i'"|
chase wood and obtain water, by which the law is evaded, and tlio vessels ami wfj
goes escape coniiscation, although the cargoes may bo evidently intended to liesninJ
gled into this island, and the fisliery carried on contrary to the said convention M'I
statute :

I^ Jie it therefore enacted hij the lieutenant-governor, council, and ansemhhj, That IroiJ
and after tho passing of this act, it shall bo lawful for tho oUicors of llcr M»Mj
customs, tho oflicers of imposts and excise, the sheritf.-t and magistrates throiigliosj
this island, and any person holding a cammissiou for that purpose from his exccili'K|
the lieutenant-governor, for tho time being, to go on board any ship, vessel, or ikuJ
within any port, bay, creek, or harbor in this island, and also to go on board aul

RIGHTS OF AMERICAN FISHERMEN.

301

I iiii) vcsstti, or lirtut hi)vci'iii^ wiMiiii tlirco inarino iililos of uiiy of tlio coiuitH, bays,
I nekH "'■ l""'""'* tljcn'of, and in ritlitM' taso IVooly to Htay on lioaid sucli Hliii), vohhcI
I r'boat iiM li'ii;? *'** **''^' bluill ronmin within sucli port or diHtanco, and if any hucIi
ItliiP vesai'li or boat he bound elMowbc^ro, and sliall continno ho hoverinji; for tlio h]>ucu
Lfi\V('Ut.v-t''Hii" bourn after tbn inastfr hIihU have been roquircd to depart, it shall bo

liwfiil ior any of the abovo enunuiratud oflicorH or personM to brin;; such Hliip, vunbuI,
I '],„.,(, iiiti) port, and to searcli and oxaiuino her eargo and to examine the master
Iinioiioiitli, touching; tho cargo and voyage, and if there be any goods on board i>ro-

hiliitcil to lie Imported into tliis island, sncli ship, vesHel, or boat, and tho cargo laden
lull liiiiiril tlit^M'of, shall be Ibrfeited ; and if the said Mhi[>, vessel, or boat shall bo
I furiiil", n""l not navigated according to tho law (»f Cireat Britain and Ireland, and
L|,jll iijivi) licen found iishing or preparing to Iwh, or to have been fishing, within
Liiliili«taiii'o of such coasts, bays, crtiek, or harbors of this island, such sliip, vessel,
[ill liiiiit, uiid their resijcctivo cargoes shall bo forfeited, and if the master or person in
[(omiiiaiKMlifreof shall not truly answer tho questions which shall bo demanded of

liiiii in Hucli examination, ho shall forfeit the suai of ono hundred iiounds.

II. And ho it further enacted, That all goods, ships, vessels, and boats liable to for-
liitiim under this act shall, and nuvy bo, seized and 8e<!ured by any such oflicor of

hlrr JIiijc'sl^'s customs, otllcer of imposts and excise, sheritts, uuigistrates, or other por-
Liii liiiidinj; Hui.li commission as aforesaiil ; and every person who shall in any way
I oiiiinsc, molest, or obstruct .nyofllccr of tho customs, offlcer of impost and excise,
inlii'iifl', uiaj;intrato, or other person so commissioued and employed as aforesaid, in tho
[cscrciae of his oflico, or shall iu any way oppose, molest, or obstruct any iicrsou act-
IJDRin aid or assistance of such officer of customs, oflicor of imposts and excise, sher-
lii, iiiiiKixti'dt', or other person so connnissioned and em])loyed as aforesaid, shall, for
[rtciv Hiicli otleuso, forfeit tho sum of two hundred pounds.

III. And be it further enacted, That all goods, ships, vessels, and boats which shall bo
Isiiml as bi'ing liable to forfoituro under this act shall bo taken forthwith and deliv-
[end into tho custody of the collector of customs at tho custom-house next to tho place
hvliero tho same was seized, who shall secure and keep tho same in such manner as
[other vcHsels and goods seized are directed to bo secured by tho commissioners of Her
[jliijesty's customs.

IV. And be it further enacted, That all ^oods, ships, vessels, boats, or other things
[wbicb shall have been condemned as forfeited under this act shall, under tho direc-

ioii of tho j)riiicipal oflicor of tho customs or excise, where siu;h seizure shall have
[hein secured, bo sold by public auction to tho best bidder, aud th«^ produce of such
Ide to bo apidied as follows, that is to say, tho amount chiirgcable for tho custody of
[ saiil goods, ship, vessel, boat, or any other thing so seized as aforesaid, shall bo first
[deducted aiid paid, and tho residue divided into two equal moieties, ono of which
[thall bo paid to tho offlcer or other person or persous legally seizing tho same with-
lont deduction, aud the other moiety to tho Government, and jiaid into tho treasury
lofthis island, all costs incurred having been first deducted therefrom: Provided al-
\wft, That it shall bo lawful for the lieutenant-governor, in council, to direct that
[auyof SHcli things shall bo destroyed, or reservoil for the public service.

V. And be it further enacted, That all penalties aud forfeitures, which may bo hore-
laftoriucurrcd under this act, Shall and may be prosecuted, pued for, and recovered,
[iutlie court of vice-admiralty having jurisdiction iu this island.

VI. And he it further enacted. That if any goods, or any ship, vessel or boat shall
Ibe seized as forfeited under this act, it shall be lawful for the .judge or judges of any
Iconrt having jurisdiction to try and determine such seizures, with tho consent of tho
Ipcreou seizi.ig tho same, to order tho delivery thereof, on security, by bond, with two
iBiiUicient sureties, to be first approved by such seizing officer or person, to puswer
liloiibletbo value of tho same in case of coudenuiation, and such bond shall be taken
Itotbo use of Her Majesty, iu the name of the collector <of tho customs, in whose cus-
llodytho goods, or ship, vessel, or boat may bo lodged, and sucli bond shall be de-
llivered and kept iu the custody of such collector ; and iu case the goods, or ship, ves-
|«el, or boat shall be condemuod, the value thereof shall be i)aid into the hands of such
Icollector, who slyiU cancel such bond, aud distribute the money paid in such maunor
las is above directed.

VII. And be it further enacted, That no suit shall bo commenced for the recovery of
Iwy penalty or forfeiture under this act, except iu the name of Her Majesty, and shall
Itie Drosecuted by Her Majesty's advocate or attorney general, or iu his absence, by the
liolicitor-gcnoral for this island ; aud if any question shall arise, whether any i)er80u
lisauotiieer of tho customs, excise, sheriff, magistrate, or other person authorized to
lieizo as aforesaid, viva voce evidence may bo given of such fact, and it sha^ be
^ecQied legal and sufficient evidence.

yill. Aud be it further enacted, That if any goods, ship, vessel, or boat shall be
leizcd for any cause or forfeiture under this act, and any dispute shall arise whether
nlie same have been lawfully seized, the proof touching tho illegality thereof shall be

302

ItlGlITH OF AMEUIUAN FISHERMEN.

on Mm owimr ov »'1iiiinaiit <>f Mmli j^oodH, Hliip, vessel, or boat, mid not on tli«offi~|
or ))ci'H((ii wlio hhall w.'i'Mi and Hto|i tlio Haiiie. I

IX. .Ind he it further enacted, That no claim to anything Hcizod unihir this net j^l
rotnrncil into H';r MnJ(}«ty'8 court of vicc-adiuiralty lor adjiiilicatioii, nIiuU hoaii.!
niittcd, iinloHS hiicIi chum Uoenti^nMi in the naino of Iho owner, with IiIh K'Nidcncnamil
occupation ; nor unltmH oath to tho luopcrty in such tiling ho mail<( hy thu owner „.\
by hiH iiltorncy or agent, hy whom such chiim Hhall ho cntt^rcd, lo tho licit of hiil
knowledge and belief; and every person making a falso oath thereto shall bo di'emed I
guilty of a misdemoanor, and shall i-) liublo to tho paina and ponaltios to which m. I
sons are liable for u misdemeanor.

X. And be it further enacted, That no person shall bo admitted to entcracliiimiol
anything seized in i)nrHuanco »)f this net and j»rosecut(Hl in this island tnitilHiill'cicjtl
security Hh;ill have been given in tho court whore such seizure is pnisceiited, in»
jjcnalty not exceeding sixty )*onuds, to answer and pay the costs occasioiuHl by Wb
claim, and in default of giving such socnrity, such things uliall bo adjudged to befor |
felted, and shall bo condemuod.

XI. And he it further enacted. That no writ shall bo sued out against nor a cop? l
of any process served upon any ofUccr of the customs, excise, shorilf, imigistruti! uH
other person authorised to seize ns aforesaid, for anything done in the oxoVcisoof thii 1
otHco until one calendar month after notice, in writing, shall have been delivered to I
him or left at his iisnal placo of abode by the attorney or agent of tho party wlioiu.
tends to suo out such writ or process, in which notice shall be clearly and expiieiilt
contained tho cause of action, and tho name and placo of abode of the person who is
to bring such action, and the name and place of abode of tho attorney or agent, and
no ovidenco of tho cause of such action shall be produced, except of siich us Hliall be
contiiincd in such notice, and no verdict shall be given for the plaintilf unless beshalll
prove on tho trial that such notice was given, and, in default of such proof, the do-
fendaiit shall receive in such action a verdict and costs, or judgment of iioii-Hiiit shall
be .awarded against the plaintilf, as tho court shall direct.

XII. And he it further enacted. That every such action shall bo broi'ght witliiol
three calendar months after tho cause thereof, and shall be laid and tried iuHtr|
Majesty's supremo court of judicature fortius island, aiul tln^ (Ud'endaiit may [ilcail
the general issiu) and give tho special matter in ovidenco; and if tho pluintill'sjiallb I
come non-suited, or shall discontinue tho action, or, if, upon a verdict of demurrer,
judgment shall be given against tho plaintilf, tho defendant shall receive treblecosts,
and have such remedy for the same as any defendaut can have in other cases when
costs are given by law. •

XIII. And he it further enacted. That in case any information or suit sLall h«
brought t'> trial, on account of any seizure made under this act, and a yoidict shall |
be found for the claimant thereof, and the judge or court before whom the eausesliall
have been tried shall certify on the record that there was probable cause ol' seizun)
tho claimant shall not bo entitled to any costs of suit, nor shall tho person wboiuad*
such seizure bo liable to any action, indictment, or other suit or prosecution on ac-
count of any such seizure; and if any such action, indictment, or other suitorprose-l
cution shall be brought to trial against any person on ii«connt of such seizure, wliiTein
a verdict shall bo given against tho defendant, the vlaintilf, besides the thing
seized or the value thereof, shall be entitled to no more than twopence damages, nor
to any costs of suit, uor shall the defendant in such prosecution bo tiuedmoro thai
<nie sliilling.

XIV. And he it further enacted, That it shall be lawful for any suchoirieerof the
customs, excise, or sheriff, or magistrate, or other person authorized to seize asal'ore-
said, within ono calendar month .after such ijotice, to tender amends to the party
(^omplnining, or liiMageat.and to i)lead such tender in bar to any action, together with
other jileas, and if the jury shall lind tho amends suOicient they shall give a verdict for
the defendant, and in such case, or in case the plaintiff shall become non-suit, orshall
discontinue his action, or judgment shall bo given for tho defendant upon deimirrer,
then such defendant shall bo entitled to tho like costs as ho would have been entitled
to incase he had pleaded the general issue only, provided, alway^, that it shall in
lawful for such defendaut, by leave of tho court where such action shall be brought)
at any time before or .after issue joined, to pay money into court, as in other actioiii

XV. And he it further enacted. That in any such action if tho judge or court before
whom such action shall be tried shall certify upon tho record that the defendautor
defendants in such action acted upon probable cause, then tho plaintilf in sueh action
shall not bo entitled to more than two jience damages nor to any costs of suit. I

\VI. And he it farther enacted, That all actions or suits for the recovery of any of
tho penalties or forfeitures imposed by this act may be commenced or prosecntedatj
any time within three years after tho oft'ence was committed, by reason whereof such
penalties or forfeitures shall bo incurred, any law, usage, or custom to tho coDtmrj j
uotwithstanding.

RIGHTS OF AMERICAN FISHERMEN.

'M):i

XVJl. ^'"'' ''" '* /"'■"•<"■ eoaoled, Tliat no appfiil hIiuII lio iinmcciiliitl from any ilfcruo

I ,ir Htiitt'iioo of un> of Her MojoHty's coiiitH in tliiH islaiul toudiinj; any jKniulty or

iiirl'iituru iiii|H)NO(l I>y tliiH act uuIuhh tlio inhibition Hliall bo applietl for and ducruoil

ttitliiii tw()lv(! inonthH from the time when Hiich thicroo or Kiintonco was pronouiifod.

XVIII- Ami be it further enacted, That tliis act Hhall not yo into force or bo of any

(ollict imtil Hit Majesty's pssont Hhall bo Hif^nilii-d tliorcto and an order niado by Her

}\;\mt\- in council that the clansoa and proviuionH in tluH act shall bo rules, rcgula-

iiMiw lUKl rcf trictions respect injj the liBhcries on tho coasts, bays, creeks, or har-

/(if tUo inland of Prinoo Edward.

Tliis act received tho royal allowance on tho Hd of September, ISIl, and

I Jill iler WHS on tho same day made by Her Majesty in conucil declaring that Its

Kliii-isaiid provisions should bo tho rules, refjulations, and restrictions respecting

t!iii lislicrics on tho coasts, bays, crooks, or harbors of I ho island of Prince Edward :

anil notification of said royal assent and of tho said order was published in tho Royal

[ciMtto, a no\vs))apcr of this island, on tho 8th day of October, 1804.

31 VfoxoiuA, Chap. CI.

■I

AN ACT riMpcctiug flHbinK by foreign vesHolH. Asiioutod to 22d May, 18C8.

Her Majesty, by and with tho advico and consent of tho senate and house of connnons
Int'Ciiiiadii, (Miacts as follows :

I. Tim f,'"^'<'i'""r niay, from tinio to time, grant to any foreign ship, vessel, or boat,

|«r III any «Iiii>, vessel, or bor' not nas'igated according to tin* laws of the United

Xin;,'iloiii, or of Canada, at such rate, and for such period not exceeding one year, as

imiKiy ili^ciii cxpisdieiit, u license to lish for or take, dry or euro any llsh of any kind

uliateViir, in Dritish waters, within throe marine miles of any of the coasts, bays,

inrceks, or liaibors whatever, of Canada, not included within the limits speciliod ami

It'scribcd in the lirst article of tho convention between his late Majesty King George

Itlii' Tiiinl and the United States of America, made and signed at London on tho

|2wli(Iay of October, 1H18.

■.'. Any connuissioncd otilcer of Iler Majesty's navy serving on boai-d of any vessel

ci lltiilajcsty's navy cruising and l)eing in tho waters of Canada for i)!iri)ose of

julordiuj; pi'otcction to Iler Majesty's Subjects engaged in the lisheries, or any com-

uis^ioueil oflicer of Her Majesty's navy, fishery otilcer, or stipendiary magistrate on

Vianlofany vessel belonging to or in tho p<»rvico of tho Government of Janada and

fc'uiployed in tho service of protecting tho lisheries, or any oflicer of the customs of

tauada, sheriff, magistrate, or other person duly commissioned for that purpose, may

loon board of any ship, vessel, or boat within any harbor in Canada or hovering (in

cridsb waters) within three marine miles of any of tho coasts, bayn, creeks, or harbors

|n Canada, and stay on board so long assho nmy remain within such jilace or distance.

l If such ship, vessel, or boat bo bound elsewhere, and shall continue within such

|iarlior or so hovering for 24 hours after tho master shall have beeu required to depart,

aiy Olio of such officers or persona as aro above mentioned may bring such ship, vea-

k'l, or boat into port and search her cargo, and may also examine tho nmster upon

kalli timcbing the cargo and voyage ; and it tho master or person in command shall

lot truly answer tho questions put to him in such examination, he shall forfeit $400;

Inilif such ship, vessel, or boat bo foreign, or not navigated according to the laws

If the United Kingdom or of Canada, and have been found fishing, or preparing to

Isb, ortoliavo beeu fishing (in British waters) within three niariuo miles of any of

|ie coasts, bays, crooks, or harbors of Canada, not included within tho above-men-

' limits, without a license, or after tho expiration of tho period named in the

wt license granted to such ship, vessel, or boat under the lirst section of this act.

Bell ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and

largo thereof shal) be forfeited.

H. All goods, ships, vessels, and boats, and tho tackle, rigging, apparel, furniture,
ma, and cargo liable to forfeiture under this act may be seized and secured by any
Tictrsor persons mentioned in tho second section of this act; and every person op-
lj)siii|,' any oflicer or person in execution of his duty under this act, or aiding or
IWtiugauy other person in any opposition, shall forfeit $300, and shall be guilty of
Imisdcmeauor, and upon conviction be liable to imprisonment for a term not oxceed-
K two years.

r*. Goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture,

Fes, aud cargo seized as liable to forfeiture under this act, shall be forthwith de-

|wre(l into tho custody of the collector or other principal ofiQcer of the customs at

1 port uoarost to the place where seized, to be aeoured and kept as other gooda,

304

lUGflTS OK AMEUICAN FI8IIKUMKN.

Mhips, v<!hs(iIh, ikiKl lioiitH, iiiid tlio tiicklo, i'i;rKiii^. tip|i<ti'<tl, fiiriiitiiio, hIokn jujl
cur^o h(m/.im1 uhi «lii'i>e<o(l by tho Iuwh in t'oictt in tlio iirovinco in whicli hikIi |M,r(„|
Hiliiat«s to liu HturiirtMl mid kopt, or into hiicIi oilier ciiHtody unci kiiupiii|r m, tlioirat.!
i-riior ill council, or u court of vico-udiniriiUy hIiiiII ordur, i

<i. All j;oo(1h, vohhuIh, u.id bouts, nnd tho tiicklo, rigcinu;, appnrcl, fnriiitiiro, Ktoral
uiid enrgo, condciiHiu«l uh fort'oitod under tliiH uut, huuII, by dirootion of tli(U'nilee.|
tor or otLtsr iirineipul olTlcor of tho cuHtoiuH at tho port whoro tho WMziiro iiiw \mi\
Hoi;tirod, bo hoIiI nt public auction, and tho procoudu of Huch huIo Hhnll Im nji|)li(M{|||
followH: Tho aiiiount cliurncablo for tho cimtody of tho property Hoizcd hIihII timj
be «leduoted and paid over for that Hcrvice; «)U(i-lialf of tho remainder Hlmlllid fM
without deduction, to tho otllcer or jterson Hoizinuf tho Name, and tho other Imlf, afterj
liiHt deducting therefrom all cohIh incurred, hIuiII bo [laid to tho rcceivcr-gencnlrfj
Canaila, through tho department of iiiarino and liMheries; but tho governor in comtl
oil may, noverthclesH, direct that any whip, vessel, boat, or (foods, ami the tacklo, tigf
giug, apparel, fiirnituro, stores, and cargo seized uud foifoited, sbuU beitoHtroydoil
be reserved for the public service.

7. Any penalty or forfeiluro iindor this act may bo prosecuted and rocoverod iu aoji
court or vieo-admiralty within Canada. l

8. The jiulgo of tho court of vice-admiralty may, with tho consent of tlio \Knm\
seizing any goo<ls, ship, vessel, or boat, and tho tackle, rigging, apparel, fiirnitim'J
stores, ami cargo, as forfeited under this act, order tho redelivery thereof, on secnriiyl
by bond to bo given by the party, with two sureties, to tho use of Her MuJcHty, iiodl
ill case any goods, ship, vessel, or boat, or tho tncklo, rigging, apparel, Viirnitiire,!
store's, and cargo so redelivered is condemned as forfeited, tho value thereof shall be|
paid into court, and distributed as above directed.

U. H(«r Majesty's attorney-genernl for C'liiuula may sue for ond recover in Hei
Majesty's name any penalty or forfeiture incurred under this act.

lb. In ca.so a disMUto arises as to whether any seizuro has or hnu not boou lipUJ
made, or as to whether tho person seizing was (;r was uot authorized to soize iimletl
this act, oral evidence may bo heard thereupon, and tho bui-den of proving tLnill
gality of the seizure shall be upon tho owner or claimant.

11. No claim to anything seized nnder this act and retnruod into any court of vicej
admiralty for adjudication shall be admitted unless the claim be entered under oalk,
with the name of tho owner, his residence and occupation, and tho description of tbi
property claimed, which oath shall bo made by the owner, his attorney, or agent, an^
to the best of liis knowledg') and belief.

12. No person shall enter a claim to luiythiiig seized under this act until seciiritjl
has been given iu a penalty not exceeding two hundred and forty dollars to answrf
and pay costs occasioned by such claim, and in default of security the things seia
shall be adjudged forfeited, and shall be condemned.

i;{. No writ shall bo sued out against any olllcer or other person authorized toseiij
under this act for anything done under this act, until one month after notice inwrilj
iiig delivered to liiin or left at his usual jilaco of abode by tho person intending Unm
out such writ, his attorney or agoirt; in which notice shall be contained tliociiusoM
action, tho name and place of abode of the person who is to bring the action, and of hi
attorney or agent, and no evidence of any canse of action shall bo produced txcep[
suck OS shall bo contained In such notice.

14. Every such action shall bo brought within three months after the causo tlicn
has arisen.

15. If on any information or suit brought to trial nnder this act on account of 8d|
seizure, judgment shall bo given for tho claimant, and the judge or court shall wrtif
on the record that there was probable cause of seizure, the claimant shall notricovj
costs, nor shall tho person who made the seizures bo liable to any indictment or snl
on account thereof; and if rny suit or prosecution bo brought against any person/
account of any seizure nnder this act, and judgment be given against liim,aiidla
court or judge shall certify that there was probable cause for the seizure, then tlj
plaintiff, besides the thing seized or its value, shall not recover more than three «
a half cents damages, nor any costs of suit, nor shall the defendant bo flued mo|
than twenty cents.

16. Any ofllcer or person who has made a seizure under this act may, within o
month after notice of action received, tender amends to the party oompluiningi orl
his attorney or agent, and may plead such tender. J

17. All actions for tho recovery of penalties or forfeitures imxiosed by this act ma
be commenced within three years after tho ofleuse committed. J

18. No appeal shall be prosecuted from any decree, or sentence of any court toaa
ing any penalty or forfeiture imposed by this act, unless the inhibition bo appliedr
and decreed within twelve mouths from tho decr'^c oi ouuteuce being prononnced.

19. In cases of seizure under this act, the governor in council may, by ordcr,di"
a stay of proceedings ; and in cases of condemnation may relievo from tho pfi
in whole or in part, and on such terms an may be deemed right.

A.V ACT to umoniJ

UIOIITS 01' AMERICAN FrSlIKRMEN.

3o;

JO, Tlio wvoriil provinionH of MiIh net nIiiiII iipply t(i niiy loruiKU Hliip, vraHot, or
lUat In or iipoii tho iiiliuul wiitura of ('iiiiiida; iiiicl tho itrovisiotiH Itoroiiiboforn iiuu-
luim'<li» roHpo(!t to any protH)0(liti<{H i;i ii (souiti of viuo-HilmiraUy hIiiiII, in ilio cumo of
liDV l'urui);» H'lip, vttHH<^l, or bout, in or upon tlio inliind wutorH of (Jitiiitdu, apply to,
iiiiiiiHiV pi-'nally or forfoituro in rt)Npi!(!t tlioroof hIiii,!! lio pro.socuttid and nuiovortid in
CntMif tbu Hiipurior courts of thu provinuo witliin wbicli Huub ouusu of proHuontiou

nay ari*'-

i\, Ne..l.<<rtlio ninety-fourth chivptor of tuo UoviHod Htiitiitosof Nova Hnotla (third

jffieit), "^' •'"' •!"U'*t ""'I <l<'<'p-Ht"tt llshciricH," nor tbo act of tho louinbitiuo f tho

fnivinto of Nova Scotia, j)ai«od in tlio twenty-ninth year of Uor MaJoHty'H r«(if?n,

'diaiitcr thiriy-fivo amending the Name, nor tint uct of the UtgiHlauiru of tlio ]iroviucu

LfNoff HnniNwick passed in tho HJxtecnth y<'ar of llor MaJoMty'M reign, (slvipter slxty-

liiii, iiititl<'d "An act rehiting to tbo eoant liMlieri(!h' and for tho prevention of illicit

rule, " xliull ivpp'y ^" '*"y *''^'*" ^" whi(!h thiH a(;fc apitlien; and ho much of tbo Haiti

liiilitcr ami of each of the said acts an makes proviHion for cases provided for by this

L't, Ih Luruliy declared to be inapplicable to such cases.

!W ViCTOuiA, Chap. Ifi.
AX ACT (u amend tlio uut rcoiw^t'D); iUIilu); by fiiruigii vuhhoU. AswinttMl tu ISIli May, 1870.

Whereas it is expedient, for tho more e(rectii..l proluction of the in shore (ishories
IfCanuda axainct intrusion by foreigners, to amend the act entitlod "jtn act roHpect-
|ii"li»liiug liy foreign vessels," passed in tho tbirty-lirst year of Her Majesty's reign :
Ihereforo, lior Majesty by and with the advice and consent of tho senate and house
((coiimiouH of Canada, enacts as follows :

I, Tho third section of tho above cited act shall bo, and is hereby repealed, and tlio
biloving section is ouactcd iu its stead :

J;!. "Any ouo of such ofllcors or persons as are abovc-mentiontjd may bring any ship,
[fMSol, or boat being within any harbor in Canada, or hovering (in British waters)
kitbiii tbreo marine miles of any of tho coasts, bays, creeks, or harbors in Canada,
koport, and search her cargo, and may also examine the master upon oath touching
Jhe cargo and voyage ; ond if tho master, or person in command, shall not truly
kavrcr tho quostioua put to him in such examination, ho shall forfeit $400; anil
B such ship, vessel, or boat bo foreign, or not navigated according to the laws of tho
initwl Kingdom, or of Canada, and have been found iishing, or preparing to fish, or
jo have beeu fishing (in British waters) within three marine miles of any of tho
jcaets, bays, creeks, or harbors of Canada, not included within tho above-mentioned

mils, without a license, or after tho expiration of tho period named in the last

%D8«f;rantcd to such ship, vessel, or boat, under tho first section of this act, such
kip, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo
Bfreof shall bo forfeited."
I i. This act shall bo construed as one with the said act " respocti ng fishing by foreign

34 Victoria, Chap. 23.

p' ACT furtbor to amend Ike not roapeoting flaking by foreign veHsolH. Asaouletl tu Aiiril II, 1871.

I Her Majesty, by and with tho advico and consent of tho seuato and house of com-
WDS of Canada, enacts as follows:

. Tho fifth section of tho act respecting fishing by foreign vessels, piuwed in the
rty-Hrat year of Her Majesty's roicn, chapter sisty-ono, is hereby repealed, and
le following section is hereby enacted in its stead :

"a. Goods, ships, vessels, and boats, and tho tackle, rigging, apparel, furniture,
lores, aud cargo seized as liablo to forfeiture under this act ishall bo forthwith de-
[fercil into the custody of such fishery offlcer, or customs ollicor, or other person as
V minister of narino and fishories may from time to time direct, or retained by tho
icerniakiiig t io seizure in his own custody, if so directed by •the minister, in either
^■*to bo securei! and kept as other goods, ships, vessels, and boats, and tlio tackle,
sing, apparel, furniture, stores, and cargo seized are directed, by the laws in force
Jthc province in which tho seizure is made, to be secured aud kept."
U Tho sixth section of tho said act is hereby repealed, aud tho following section is
Iteby enacted in its stead :

H' AH goods, vessels, and boats, and the tackle, rigging, appa,rel, furniture, stores,

^cargo condemned as forfeited under this act, shall be sold by public auction, by

^t'.on of tha offlcer having tho custody thereof, under the provisions of the next

(filing section of this act, antl under regulations to be from time to time mado by

« governor in counoil; and tho proceeds of every such sale shall he subject to tho

[otrolof the minister of marine and fisheries, who shall first pay therefrom all nec-

8. Ex. 113 20

30G

EIGHTS OF AMERICAN FISHERMEN.

esaary costs and oxponscH of cuHtady aud sale, and the governor iu council may from
time to time ai)portioii three-fourths or less of 'uhc not remainder among tlii> offlcctii
and crew of any Queen's ship or Canadian Govornnieut vessel, from ou board of whicli
the seizure w s made, as he may think right, reserving for the Goveramont and pay.
ing over to the receiver-general at least one-fourth of such uct romaindor to f'orui
part of 1)ho consolidated revenue fund of Canada ; but the governor in couucii luav
neverthelesu, direct that any goods, vessel, or boat, aud the tackle, rigging, apparel
furniture, stores, aud cargO; seized and forfeited, shall bo destroyed, or bo reservti
for the public service."

3. This act shall be construed as one with the act hereby amended ; aud the sixtii
section of the said act, as contained in the second section of this act, shall apply tij
all goods, vcsscIm, and boats, and the tackle, rigging, apparel, furniture, Htores and
cargo, condemned under the said act before lue pascir.g of this act, and to tho'ino.
ceeds of the sale thereof, remaining to be applied aud paid at the time of the passinc
of this act. "

46 Victoria, Chap. 27.

AN ACT to extend to British Columbia tho act relating to flsbing by foreign veasuls. Assented to

25tb May, 1883.

Her Majesty, l»y and with the advice and consent of the senate and house of com-
mons of Canada, enacts as follows :

1. The act thirty-first Victoria, chapter sixty-one, intituled "An act respecting fish-
ing by foreign vessels," is hereby extended to the Proviuco of British Columbia.

No. 16.

Mr. Bayard to iSir L. West.

Department OF State,
Washington, July 2, 188G.

Sir : It is my unpleasant duty promptly to communicate to you tbe
telegraphic report to me by the United States consul-general at Hali
fax, that the schooner City Point, of Portland, !,Io., arrived at the port
of Shelburue, Nova Scotia, lauded two men, obtained water, and is de-
tained by the authorities until further instructions are received from
Otta^va.

The case as thus reported is an infringement on the ordinary rights
of international hospitalitj^, a-ud constitutes a violation of treaty stipu-
lations and commercial privileges, evincing such unfriendliness to tbe
citizens of the United States as is greatly to b6 deplored, and whicli I
hold it to be the responsible duty of the Government of Great Britain
promptly to correct.

1 have, &c..

T. P. BAYAKD.

No. 17.

Sir L. West to Mr. Bayard.

Washington, JizZi/ 3, 18SG. [t^ ;ceived July C]
Sir : I have the honor to acknowledge the receipt of'j'our note of tlie
2d, reporting the detention of the American schooner City Poiut,ot
Portland, Me., by the authorities of Shelburne, Nova Scotia.
I have, &c.,

L. S. SAOKVILLE WEST.

RIGHTS OF AMERICAN FISHERMEN. 307

No. 18.

iSir L. West to Mr. Bayard,

Washington, July 3, 1886. [Keceivett July C]
Sir: With rofereuco to your :ioto of the 29tb of May, I Lave the
[lionorto inform you that 1 am instructed by the Earl of Eosebery to
state that the matters therein referred to will re.;eive the careful at-
tention of Her Majesty's Government after the necessary commuuica-
[tion with the Domjnion Government.
I have, &c.,

L. S. SACKVILLE WEST.

No. 19.

Mr, Bayard to Sir L, Went,

Depaktment op State,
Washington^ July 10, 188G.

Sir : Ou the 2d of June last 1 had the honor to inform you that dis-
[liatches from Eastport in Maine had been received, reporting threats
[by tl»e customs oiJicials of the Dominion to seize American boats coming
[into tuose waters to purchase herring from the Canadian weirs for the
Ipiirpose of canning the same as sardines, which would be a manifest
lintractiou of the right of purchase and sale of herring caught and sold
[by Canadians in their own waters — in the pursuance of legitimate trade.

To this note I have not had the honor of a reply.

Today Mr. C. A. Boutelle, M. O. from Maine, informs me that Amer-
[icau boats visiting St. Andrews, New Brunswick, for the purpose of
[there purchasing herring from the Canadian weirs, for canning, had
[been driven away by the Dominion cruiser Middleton.

Such inhibition of usual and legitimate commercial contracts and in-
Jtereourse is assuredly without warrant of law, and I draw your atten-
to it in order that the commercial rights of citizens of the United
[States may not bo thus invsided and subjected to unfriendly discrimi-
nation.

1 Lave, &c.,

T. F. BAYARD.

No. 20.

Mr. Bayard to Sir L, West.

I

Department of State,

Washington, July 10, 188G.

i>iB: I have the honor to inform jou that I am ?n receipt of a report

Iroiii the consul-general of the United States at Halifar, accompanied

l,v sworn testimony stating that the Novelty, a duly registered mer-

lliant steam- vessel of the United States, has been denied the right to

™e in steam-coal, or purchase ice, or transship fish in bond to the

Nted States, ai) Pictou, Nova Scotia.

308

RIGHTS OF AMERICAN FISHERMEN.

It appears that, having reached that port on the Ist instant and fin^
mg the customs office closed on account of a holiday, the master of the
Novelty telegraplied to the minister of marine and fisheries at Ot
tawji, asking if bo would bo permitted to do any of the three tliiiio,s
mentioned above; that ho received, in reply, a telegram reciting with
certain inaccurate and extended application t'ao language of Articlp I
of the treaty of 1818, the limitations upon the significance of which arc
in pending discussion between the Government of the United States
jind that of Her Britannic Majesty; that oh cutering and clearing; tbc
Novelty on the following day at the custom- howso, the collector stated
that his instructions were contained in the telegram the master had re
ceived ; and that, the privilege of coaling being denied, the Novelty was
compelled to leave Pictou without being ahowed to obtain fuel neces-
sary for her lawful voyage on a dangerous coast.

Against this treatment I make instant and formal protest as an usi-
warranted interpretation and application of the treaty by the officers
of the Dominion of Canada and the Province of Nova Scotia, as an in
fraction of the laws of commercial and maritime intercourse existing
between the two countries, and as a violation of hospitality, and Tor
any loss or injury resulting therefrom the Government of Her Britannic
Majesty will be held liable.
I have, &c.,

T. F. BAYAllD.

No. 21.

Mr. Rardinge to Mr. Bayard.

»

British Legation,
Washington, July 12, 1886. [Received July 13.]

Sir : I have the honor to acknowledge the receipt of your letter to
Sir Lionel West, of the 10th instant, protesting against the interfer-
ence of the Dominion cruiser Middleton in preventing American boats
from visiting St. Andrews, New Brunswick, for the jiurpose of there
purchasing herring from the Canadian weirs for canning, and I have
the honor to state that I will not fail to acquaint Her Majesty's Gov
ernment with your views on this subject.
I Iiave, &c.,

CHARLES HARDINGE.

M'

No. 22.
Mr. Rardinge to Mr. Bayard.

Bri'iish Legation,
Washington, July 12, 1880. [Received July 13.j
Sir: 1 have the honor to acknowledge the receiiit of your note to
Sir L. West of the 10th iustantj protesting against the proceediuffs
of the Canadian authorities at Pictou, Nova Scotia, in denying to the
steam-vessel Novelty, of the United States, the right to take in steam
coal, purchase ice, or transship fish in bond to the United States.
I have, &c.,

OHABli?:S HAEDINGE.

. BAYAliD.

RIGHTS 07 AMERICAN FISHERMEN. 300

No. 23.
Jir. Bayard to Mr. Hardinge.

DErARTMENT OF STATE,

WasHngton, July IG, 1880.

Sir: I have just received tbrongli tbo honorable 0. A. Boutelle, M.
C, tbe aflQdavit of Stephen K. Balkam, alleging his expulsion from the
harbor of St. Andrews, Ne\7 Brunswick, by Captain Kent, of the Do-
luiiiioii cruiser Middleton, and the refusal to permit him to ])urcluise fish
caught and sold by Canadians, for the purpose of canning as sardiiies.

The action of Captain Kent seems to be a gross violation of ordinary
commercial privileges against an American citizen proposing to transact
his customary and lawful trade and not prepared or intending in any
way to fish or violate any local law or regulation or treaty stipulation.

1 trust instant instructions to prevent the recurrence of such unfriendly
aiulunlawful I I'eatment of American citizens may be given to the oftend-
iiig officials at St. Andrews, and reparation be made to Mr. Balkam.
I have, &c.,

T. F. BAYARD.

No. 24.

Mr. Uardinge to Mr. Bayard.

British Legation,
Washington, July 17, 1880. [Received July 19.]
Sir : I have the honor to acknowledge the receipt of your note of
yesterday's date, protesting against the action of Captain Kent, of the
Ijoniinion cruiser General Middleton, in expelling Stephen R. Balkam
from tbe harbor of St. Andrews, New Brunswick, and in refusing to
permit him to purchase flsh, caught and sold by Canadians, for the pur-
pose of canning as sardines.
I have, &c.,

CHARLES HARDINGE.

No. 25.

Mr. Bayard to Sir L. We&t.

Department of State,

Washington, July 30, 1880.

Sir : It is my duty to draw your attention to an infraction of the
stipulations of the treaty between the United States of America and
Great Britain, concluded October 20, 1818.

Cy tbe provisions of Article I of that convention the liberty to take
fisli of every kind, forever, in common with the subjects of Ilis Britan-
nic Majesty is secured to the inhabitants of the United States " on that
partof tlie southern coast of Newfoundland, which extends frt)m.Cape
Kay to the liamean Islands, on the western and northern coast of New-

:^io

lUOKTS Ol'' AMKUICAN FIHIiKKMKN.

foiiii(naii(1, Troni tlio sniH Ci\.\)o Ua.v to flio Qiiirpoii Th1;iu(1s, on tlie I
tslioroH of iJ)o Mii};(liil(>ii LsIuihIn," tui(i on tlio oMkm' coiiHtN and Hli(U't;,sii|
tlu> Nil id arlicio hoI. Ibrtli.

Not\vilJiN(iin(liii;jf (liosoi»lain i>r<)viHi(Hi8, I r(««:ri>l/ to Ins oblijrj'd lo jn, ,
!V<nn .you llmt. by tli«^ unidavil. of tlio iiuistor of \\w Aiiioric^m llsliinJ
V0HS«>I 'riiomiiH l'\ Uayard, (lint l)(>iiif' at lloiino Hay, wliicli JHoiiHic
wosttM'ii roast of No'.vfoiiiidlaii<l \vitliiii tlio liiiiitN .s|)i'c,ilU>d in Arli('|i>|
of tliocoiivt'iilio'i ndorrod to, tim iiia.sl(M' oi' tlui isaid vohscI wasl'or
iniilly iiotitltMl by ono N. N. Taylor, (|H^ onUu'r of c-iisIimiis at tliiit,|)(iint,
that bis vcssid would bo soi/cd if ho attiMiipli'd to obtain a. riupplvflij
lisl> for bait or for any otiioi- 1 ninsaction in oonnortioii with liNlijii^rnii
orations within tlirco niarino niilos of that coast..

To avoid tlio soizuro of his vossel t ho master broko up his voyafjoanl
rot ur nod homo.

I am also in possossion of tlio ailidavit of Ah^xandor T. lOaclicrii, 111118. 1
tor of lln> Am'M'ioaii ilshinjjs(!hoonorl\l)us«',ot, wlio(MitA.'rod Port Amlit^ist '
Map;dalon Islands, and wasthoro throatonoii by tlio(Misto!ns()ni(;ial\viili
soi/,nn» of his vossol if ho attomptod to obtain bait for llshinj,' or to take j
a pilot.

Thoso ar<> tlajjrant violations of troaty rights of t lioir oiti.ens rorwhicn 1
tlio llnitod JStatos oxpoot proni])t lomodial action by Jlor Majesty's (iov
orninont'; and I hav(> to ask that snch instrnotions may bo issued forlli
witJi to tlio provincial oillcials of Newfoundland and of tho I\1a<r(l;il('ii
Islands as will cause tho troaty ri{j[hts of citizens of the United Stiitcsl
lo bo duly respected.

Kor (ho losses occasione<l in the two cases 1 have mentioned, eoiii|wii
8ati«)n will hereafter bo oxpectod from Her iMaJesty'sdovormneiit wlicii
tho amount shall Inivo been accurately ascortaiiUMl.
I Inivo, &c.,

T. l'\ liAYAKD.

J !

iTo. JO.

Mr. llari^itujc to Mr. Bayard,

llRTTisii Legation,
WashiiufioH^ Julj/'M, l.SS(>. [liocoivod An},'ust2,]

Sm: I have (ho honor to acknowlodfjo the i(>('eipt of your iiofooti
yesterday's date, drawiujj; my attention loan a.lle}>ed infraction of the I
'stipulations of tho treaty of October 130, 1818, by tho Newfoundliuidau
thorities at Bonne Bay, in threatenin}>' (ho master of tho American lisli
injj vessel Thomas F. Bayard with seizure of his ship in easeol'liisi
nttemptin}; to obtain lish for bait or fen- any other transaction in coU'
nectiou with l^shinj; operations within (hrco marine miles of that coastji
also, to the cas-i of tho United States (Ishing s ,!>ooner Mascot, atrortj
Amherst, Magdalen Islands. '

I have, &c.,

OUAULES HAllDINGK,

RiaUTH or AMKUICAN lUHlIKUMEN.

liil

No. Ii7.
Mr. JIardingo in Mr, lluyard.

lilMTIHII liKOAVION,

WaHhinffloii, AnyuHt. \i, IHH(J. (l.t(U!<iiv<)<l Ai<{,MiHf, .'J.J
Hill: With r(if(M<in<!(» 1,<) (lh^ H(^V"l■lll roimriiiiiij'.alJonn i<'.<'.(iiv(ul by Her
MiiicHl.v'H legation ruit^riii^' !> tJio act ion of Mio (/iiniKlliiii aiilliorit/ii^H in
(oiiiicrlion with llio prtwcnt poHilion of tho Nortli Arti<'ii(!iiri IIhIhtIcm
(MioKtioii, 1 liiivo Iho honor loiorwunl to. yon h<^r«nvil,h,in<',omplian(;« wit.fi
jiistniclioiiH whi<;ii I huvo r(!(!('iv«Ml from llic lOarl of Itowclxiry, prinU'd
(0|)i('sor lhr('<5 'liHpatcJicH and llicir in<',loHnn>s addroHHC.d by liiH hml-
sliip to lliir M»;ie8..y'H niiniHtt^r <»n Ihi^ 2.".d nitinio, Hlat-inff t,ho vi<5WH of
Her iMiijcHty'H (ilovi'rntntMd, in roply to y(jur not,«H t-o Hir h. VV«jHt of the
lOlh, 20th, l^'.MIi May, and HtJi .)uno.
I liavc, &c.,

OlIAIMiICa HAKDINCiJ!}.

«i| roNo. 1, wUli Mi. lliirdliiKo'* liutouf AiiKaiitii, IHM).]

>■

The lic/l of HoKcherii to Sir L. Wont.

Vouv.uiH Okitick, ./hI.7 2:j, IHHf).

Silt: I l)av<n'()(;(>ivoil yoiirdiHimtcli N«».iJH{t.n)ii(.v), oflliollMi of May IuhI, iiKtloHiii^j
;i((i|i.v ol'ii not" a(l(lroHH(!(l 1«» y<)ii I)V Mr. JJiiyiinl, in wliiili, wliiltit oxpn^HHly roffirririu
Id lliit Hiti/iirit l>y llio (Jiinudiaii atithnrit<i(tH of Uio AiiuM'iciiii llHliitif; vdhhoIh .i()HO|iii
Sioiy luid Diivid .F. AduiiiH, \w diHciiHww ill ioiiKtli tlio proHitiit puHJLioii ol' th» NurMi
Aincriciiii lislidricH qiuml.ion.

I liavo alHOK'cuivod iicotninnnicutioii upon UiitNaiiin hiiI)J<s(:I. from ilwt United Ht<ii<;H
iiiinislcr lit lliiH <intirt, dated tho )li\ .Tiiiio laHl, wliic.li, allhoii^^li advancing argiiiiiiuitH
(ilAs()iiiuwliat>(lin'ur()nt cliaractor, Ih HiilmtanUally addruHHod to tlio ooiiHidur.ition of
thcKJinwi !;in.stioi).

Illiiiik it tlioroforo dcHirahlo to roply to tlioHo two coiniiiiiiiicationH togotlinr In tli«
prcsi'iit (lifjiatdj, of wliicli 1 Hliali hand a crpy to Mr. I'hnlpH.

Tli« iimttor JH Olio involving tli<» gravcHt intr.n^HtH of (Jaiiiida; and, upon ruccipt of
llic ('(HiiinuntciitJonH ubovo inontionCMl, 1 loHt no tinio in r<!(|iii',Hting the Hocrctary of
siatiHor llio co1oiii(>H to obtain from tlio (jlovorntiH-.nt of tlii« Dominion an oxproHHioii
of tluir vio.wH tlioroon. I now incioso a <!0j)y ( fan ap,»rov(fd r(5i)ort <»f tlio Canadian
nrivy coniicil, in wliicli tlio cuho of Canada is ho fully HOt forth that I think it would
hiMli,sir:il)l<*, au a preliminary Bt«p to tho further diHciiHHion of the questionH involved
in tills controveiHy, to comimiiiicato u copy of it to Mr. IJayard, aw reiiresentinK tho
vidWKof tho ])omiiiion Govornniout ; and I liave to rcquost that, in HOiloing, yon will
stiit(\ Hint Her Majesty's Govorament will V)o glad to lie favored with any olmervaMoiiH
which Mr. Bayard may doHiro to nialto thereon.

Ii) ic;;ju(l to those xiortions of Mr. Phelps's note of tho 2d .Iiino, in whieh he calls in
i|iics1loii tho conipotonco of tho Canadian authorities under existin-? statutes, whether
iiii|io!iiil or <;ol<mial, to effect soizures of United f/tates flshinf; vessels dnuor C cum-
stiiiu'ps Kiirli as those which appear to have led <,o tho capl nro of tho David .T. Adams,
1 liavo to oltservo that Her Majesty's Governmontdo not feel themselves at present in
ii position todiscnss that question, which is now occupying the attention of the courts
111 law in (ho Dominion, and which may possibly form tho subject of an appeal to the
jiulicial committeo of Her M^ijesty's i>rivy council in Kngland.

It inboliovod that tho courts in Canada wilj deliver judgment in tho ahovo cases
vi'iyHliorHy ; and until tho legal procecjlingsnow ponding have been brought to a con-
clusion, Her Majesty's Government do not fool justified in expressing an opinion upon
tlioiii, oitlior as to tho facts or tho legality of the action taken by tho colonial anthor-
iliC8,

I ilo not, thcroforo, coneeivo it to bo at present necessary to iiiaJte any specific reply
til Mr. liayarrt's further notes of tho Uth and 12tli May and 1st, '2d, and 7th .June last.
lint with i(>gard to his note of tho yoth May, relative to tho seizure of the Unit<Ml
States fisliiug vessel Jennie and .Julia, I incfoso for communication to Mr. Bayard a
copy of a report from tho Canadian minister of marine and fisheries dealing with this
casn.

^12

ftiGIlta OP AMERICAN FISUERMEN.

I caunot, lio ATover, closo tliis dinpatch without adding that Hor Majesty's Govenv
nioiit entirely concur in that passaso of tho roport of the Canadian privy cooncii
in which it is observed that " if tho provisionsof the convention of 1818 have bcconl
inconviout to either contracting party, tho ntniost that good-will and fair deal
can suggcHt is that the terms shall be reconsidered."

It is assuredly from no fault on tho part of Her Majesty's Governniont that thf I
question has now been relegated to tho terms of the convention of 1818. They Im,
not ceased to express their anxiety to commence negotiations, and they arc nown^^
pared to enter upon a frank and friendly consideration of the whole question with tb»
most earnest desire to arrive at a settlement consonant alike with the rig'its and in '
terests of Canada and of tho United States.

Where, as in tho present ease, conflicting interests are brought into antagoiilsni lit i
treaty stipulations the strict interpretation of which has scarcely beon^called ii
question, the matter appears to Her Majesty's Government to bo pre-eniinentlvoM
lor friendly negotiation.
I am, &c.

[Innlosnre I in No. 1.1

Beport of a (somniitlee of the honorable the privy council for Canada, ajyjprovcd hj m
excellency the governor-general on the 14th June, 1886.

Tho committee of the privy council have Lad under consideration a report from
the minister of marine and lisheries upon tho communications dated lOtli and SOU
May last from the Hon. Mr. Bayard, Secretary of State of the United States, to Her I
Majesty's minister at Washington, in reference to tho seizure of tho American tibbiiigl
vessel David J. Adams. I

The committee concur in tho annexed report, and they advise that your escoliencr
l>e moved to transmit a copy thereof to tho Right Hon. the Secretary of State for tbe |
Colonies.

All of which is respectfully submitted for your excellency's approval.

JOHN J. McGEE,
Clerk, Privy Council, Canada.

The undersigned having had his attention called by your excellency to a commuiii-
cation from Mr. Bayard, Secretary of State of tho United States, dated the 10th May,
and addressed to Her Majesty's minister at Washington, and to a further communica-
tion from Mr. Bayard, dated tho 20tU May instant, iu reference to tho seizure of tlic ]
American fishing vessel David J. Adams, begs leave to submit tho following obscrva
tions thereon :

Youi' excellency's Government fully appreciates and reciprocates Mr. Bayard'sde-I
siro that the administration of the laws regulating the commercial interests amltiif I
mercantile marine of tho two countries might bo such as tc jiromote good feoliDgiWii [
mutual advantage.

Canada has given many indisputable proofs of an earnest desiro to cultivate and I
extend her commercial relations with tho United States, and it may not bo witboot I
advantage to recapitulate some of those proofs. I

For many years before 1854 the maritime provinces of British North America had J
complained to Her Majesty's Government of tho continuous invasion of tlieir inshore j
fisheries (sometimes accompanied, it was alleged, with violence) by American fisher- 1
men and fishing vessels. {

Much irritation naturally ensued, and it was felt to bo expedient by both GoTcrn- 1
monts to put an end to this unseemly state of things by treaty, and at tho Banietim* I
to arrange for enlarged trade relations between the United States and theBrilislij
North American colonies. Tho reciprocity treaty of 1854 was the result, by which I
were not only our inshore fisheries opened to the Americans, hut provision wasniailcj
for tho free interchange of the principal natural products of both countries, inclndlD' I
those of the sea. Peace was preserved on our waters, and the volume of intcrDa-j
tional trade steadily increased during the existence of this treaty, and until itwasl
terminated in 1866, not by Great Britain, but by the United States. . I

In the followin}^ year Canada (then become a dominion and united to Nova Wi»j
and New Brunswick) was thrown back on the convention of 1818, and obliged to nil
out a marine police to enforce tho laws and defend her rights, still desiring, howcwl
to cultivatefriendly relations with her groat neighbor, and not too suddenly to dcpnv* I
tho American fishermen of their accustomed fishing grounds and means of liveliho«i. J
She readily acquiesced iu the proposal of Her Mi^esty's Government for the t«nii»-l

ftlGHTS Of AMERICAN FISHERMEN.

313

Majesty's Goven-
m privy council,
1818 have licconx
and fair dealing

jniniont, that tli>
1818. They 1,1 J
thoy aro now pre.
question with the
tberig'itsamlin I

to antagonism liy i
y been called in
>ro-eniineMtlv one

I, ajjprovcd !ii/ iii

,lon a report from I
itcd 10th and W
ted States, to Hei I
American fibhiiig-f

it your escelkncy I
ry of State for the I

oval.

J. McGEE,

Council, Canaii.

ncy to a cominiiui- 1

.itcd the 10th May,

irtbcr comniiinia |

10 seizure of tlic I

■ollo\vingol)Scrvj-[

Mr. Bayard's (Ifr
interests and tlif I
goodfcelinj;iind|

to cultivate and I
a,y uot be without |

ortb America y I
. of theirinsliorej
American fisbet- 1

by both Govern-
atthoBauietini«j
and theBritislij
, result, by whiclj
•ovisiou was mail* I
untrics, includinjl
)lume of intm^j
and until itwuf

—id to Nova Wi»l
and obliged to titl
esiring, howcW I
ddenlytodcnnvel
UBB of livelibooJ.!
nt for the terap«-|

! ,jfY isfiiio (if jiiinual lieonses to fish on payment of a moderate foe. Yonr excellency
is invare of tlio failure of that scheme. A few licenses were issued at first, but tho
pnnjications for thorn soon ceased, and tho American (Isbermen persisted in forcing
llitMiiselves into our wators " without leave or license."

Then came tlie recurrence, in an aggravated form, of all the troubles which bad
ntiiirred anterior to tho reciprocity treaty. There were invasions of our waters, pcr-
wiiialconllicts between our iishermen and American crews, tho destruotion of nets,
tin; Kciziiro and condomuatiou of vessels, and intense consequent irritation on botli

sidcB.

Tbi» was happily put an end to by tho Waslrngton tr(?aty of 1871. In tho interval

lietweeu the tcnniuation of tho iirst treaty and tho ratification of that by which it

wngoventually replaced, Canada on several occasions pressed, without success, through

I the British minister at Washington, for a reuewal of tho reciprocity treaty or for tuo

i(i;uliation of another on a still wider basis.

When in 1874 Sir Edward Thornton, then British minister at Washington, and Iho
latelloii. George Brown, of Toronto, were appointed joint jilenipotentiarics for tho
I iiiirimseof negotiating and concluding a treaty relating to fisheries, commerce, and
uavigalion, a provisional treaty was arranged by them with tho United States Gov-
fn'Dient, lint tho Senate decided that it was not expedient to ratify it, and tho nego-
tiatiuufell to the ground.

I The treaty of Washington, while it failed to restore the provisions of the treaty of
' 1''54, for reciprocal free trade (except in fish), at least kept tho peace, and there was
I tranquillity along our shores until July, 188.'), when it was terminated again by the
U'liitw". States Government and not by Great Britain.

With a desire to show that slio wished to bo a good neighbor, and in order to pre-
I vent loss and disappointment on tho part of the United States lishermeu by their sud-
den exclnsion from her waters in tho middle of the fishing season, Canada continued
I to allow tliein, for six months, all tho advantages which tho rescinded fishery clauses
Iliad previously given them, although her people received from tho United States none
I of the corresponding advantages which the treaty of 1871 had declared to bo an
[equivalent for tho ben<jfit8 secured thereby to the American fishermen.
I The President, in return for this courtesy, promised to recommend to Congress tho
I appointment of a joint commission of the two Governments of tho United Kingdom
[and tho United States to consider tho fishery question, with permission also to con-
[eidertho whole state of trade relations between tho United States and Canada.

This promise was fulfilled by the President, but tho Senate rejected hisrecommon-
Idation and refused to sanction tho commission.

Under these circumstances Canada, having exhausted every effort to procure an
lamicablo arrangement, has been driven again to fall back upon tho convention of
11818, the provisions of which she is now enforcing and will enforce, in no punitive or
Ihostile spirit as Mr. Bayard supposes, but solely in x^rotcctiou of her fisheries, and in
Iriudication of tho right secured to b.er by treaty.

I Mr, Bayard suggests that " the treaty of 1818 was between two nations — the United
IStatcs of America and Great Britain — who, as the contracting parties, can alone apply
|»ntlioritativo interpretation thereto, and enforce its provisions by appropriate leg-
islation."

As it may be inferred from this statement that tho right of the Parliament of Can-

(ada to make enactments for the protection of the fisheries of the Dominion, and the

power of the Canadian offlcera to protect those fisbones, are questioned, it maybe

pvell to state at the outset tho grounds upon which it is conceived by the undersigned

battho.jnrisdiction in question is clear beyond a doubt.

1. In the first place tho undersigned would ask it to be remembered that the ox-
«nt of the jurisdiction of the Parliament of Canada is not limited (nor was that of the
Provinces before the union) to tho sea-coast, but extends for three marine miles from
klic shore as to all matters over which any legislative authority can in any country
m cMrcised within that space. The legislation which has been adopted on this sub-
ject by the Parliament of Canada (and previously to confederation by the Provinces)
foes not reach beyond that limit. It niay be assumed that, in tho absence of any
[treaty stipulation to tho contrary, this right is so well recognized and established
pyboth British and American law, that the grounds on which it is supported need not
p stated here at large. Tho undersigned will merely add, therefore, to this statement
fcf the position, that so far from tho right being limited by tho convention of 1818
wat convention expressly recognizes it.

[ After renouucing the liberty to "take, cure, ordryfisb on or within three marine miles
If any of tho coasts, bays, creeks, or harbors of ilia Majesty's dominions in America,"
™roisa stipulation that while American fishing vessels shall bo admitted to enter
incLbays, i< c, "for the purpose of shelter and of repairing damages therein, of pur-
ising wood, and of obtaining water, they shall be under such -ostrictions as may
enecessary to prevent their taking, curing, or drying fish therein, or in any other
►amier whatever abusi:ig tho privileges reserved to them."

»
f

314

KIGHTS OF AMERICAN FISHERMEN.

2. Approjm'ate legislation on tluH subject was, in tlio first iustunce, adopted by tin I
Parliament of tlio United Kingdom. Tbo imperial stutnto 51) Geo. Ill, cap. 38 *« I
enacted in the year following tbo convention, in order to give that convention forw I
and effect. That statnto declared tbat, except for tbo purposes before spccided Itl
should " not be lawful for any person or persons, not being u natural-horn subject ofl
His Majesty, in any foreign sbij), vessel, or boajt, nor for any person in any Hliip vq.!
sel, or boat, other than such as shall be navigated according to the lawsof the u'mtoll
Kingdon) of (ireat Uritnin and Ireland, to (isb for, or to take, dry, or euro auy tiithofl
any kind whatever within three niarintt miles of any coasts, bays, creeks, or luirlonl
whatever, in any part of His Majesty's dominions in America, not inclnded wiHiiil
the limits spt^ciiied and described in the iirst article of the said conventidii. aiidtljail
if such foreign ship, vessel, or boat, or any person or persons on board 1 horeol bhjlll
be found (ishing, or to have been fishing, or preparing to tisli within siiclidistaiKeolf
snch coasts, bays, creeks, or harbors within such parts of His Majesty's domiii; >(■
in America, out of the said limits as aforesaid, all such .shipH, vessols, and boat* lo-l
gether with their cargoes, and all guns, ammunition, tackle, apparel, furniture aM
stores, shall be forfeited, and shall and may bo seized, taken, sued for, proscciiteSj
recovered, and condemned by such and the like ways, means, and methods, and ij
the same courts as ships, vessels, or boats may be forfeited, seized, prosecuted am
condemned for any oHeiise against any laws relating to the revenue of cii8toii:8,a
the laws of trade and navigation, under any act or acts of the Parlianiimt of Grcai
Britain or the United Kingdom of Great Britain and Ireland, provided that uothy
contained in this act shall ajiply or bo construed to apply to tbo ships or snbjectsiil
any prince, power, or state in amity with His Majesty who are entit'cd by treall
with His Majesty to any privileges of taking, drying, or curing lish on the coasta
hays, creeks, or liarbors or within the limits in this act described. Provided alwajn
that it shall and nifiy be lawful for any fishermen of the said United States to entJ
into any such bays or harbors of His Britannic Majesty's dominions in America^
are last mentioned, for the purpose of shelter and repairing damages therein, of poi
chasing wood, and of obtaining water, and for no other purpose whatever, siibjM
nevertheless to snch restrictions as may be necessary to j)revent8ucli fishernicnoftlj
said United States from taking, drying, or curing fish in the said bays or hiirlioii
or in any oth'^r manner whatever, abusing the said privileges by tiio said trcan
and this act reserved to them, and as shall, for that purpose, bo imposed by aiijaf
der or orders to bo from time to time made by His Majesty in council under l|
authority of this act, and by any regulations which shall bo issued by tho (lovcm
or person exercising the oftlco of governor in any such parts of His Majesty'" domil
ions in America, under or in pursuance of any such order in council as afoRiaJ
And that if any person or persons upon requisition mado by tho governor of X«|
foundland, or the person exercising the office of governor, or by any governor iupa
son exercising the office of governor in any other parts of His Majesty's dominions j
America, as aforesaid, or by any officer or officers acting under such governor orpf
son exercising tho office of governor, in tho execution of any orders or instructia
from His Majesty in council, shall refuse to depart from such bays or harborsij
if any person or jiersons shall refuse, or neglect, to conform to any regulationsi
directions which shall be made or given for tho execution of any of tho imrpoMij
this act, every such person so refusing or otiierwiso offending against this act slif
forfeit tho sum of two hundred pounds, to be recovered in tho superior court of jnl
cature of tho island of Newfoundland, or in tho superior court of judicature of ■
colony or settlement within or near to which such offense shall bo committed, orj
bill, plaint, or information in any of His Majesty's courts of record at WestminsJ
one moiety of such penalty to belong to His Majesty, his heirs, and successots,/
the other moiety to such person or persons as shall sue or prosecute for the same." I

The acts passed by the Provinces now forming Canada, and also by the Parliam^
of Canada (now noted in the margin)* are to the same effect, and may bo said t
merely declaratory of the law as established by tho imperial statute.

\i. 'rhe authority of the legislatures of the Provinces, and, after coufedorationj
authority of the Parliament of Canada, to make enactments to enfoico the provi«|
of tho convention, as well as tho authority of Canadian ofQoers to enforce tf
rests on well-known constitutional principles.

Those legislatures existed, and the Parliament of Canada now exists, by tboantl
ity of the Parliament of tho United Kingdom of Great Britain and Ireland, wliia
one of tho nations referred to by Mr. Bayard as tho "contracting parties." Tbel
lonial statutes have received the sanction of tho British sovereign, who, andnoj
nation, is actually the party ^7ith whom tho United States mado tuo copveni
Tho officers who are engaged in enforcing the acts of Canada or the laws of tlie|
piro, aro Her Majesty's officers, whether their authority emanates directly from

♦Dominior. acts, 81 Vict., cap. 6; as Vict. , cap, 10 ; now incorporated in Koviscd Ststutciol
cap. 90. Nov.-v Scotia acts, Roviswl Statatos, 3d Bories, cap. 94, 20 Vict. (1800), cap. 35. Nwl!
wick acts, 10 Vict. (1853), cap. 09. Prince Edward Island acts, 0 Vict. (1843), cap. U.

RIGHTS OP AMERICAN FISHERMEN.

ni5

Qiieeu

or from lior rej)iesfmtativo, the govcruor-jfenenil. Tlio jurisdiction tbuH ex-

ercUeti canuot, theroforo, be properly th'scriliod in tlie laiiRiiatj;o iiKt'd by Mr. Bayunlas

ssupposi'l uml tbereforo quoHtioiiablo delegation of juriHclictiou l)y tlie Imperial Gov-

Ifrnment ot (ircat Britain. Her Majesty govoruH in Canada aH well as in Groat

fliritaiii; tlio ollicersof Canada are lier officers ; the statntes of Canada are her slat-

liilfs, iiassi'tl on the advice of lier Parliament Hitting in Canada.

It is, tliprel'ore, an error to conceive that becanse the United States and Great Britain
Uiic intlii) lirst inNtance, The contracting |>artle8 to the treaty ol 181S, no qnestion
|jp,ji',„ niiiliT tinit treaty can ho " reNponsibly dealt with," either by the Parliament
|orli\Mli« authorities of the Dominion.

t The iiiiaiiig of thiw objection now is the more remarkable, as the Government of the
It'iiiicd iStates has long been aware of the ncecHsity of reference to the colonial leg-
jlnliiturcB ill uialleiN atiecting their interests.

The treaties of 18.">4 and IHTl expressly provide that, so far as they concerned the
fulicrics or trade relations with the provinces, they shonld be snbjcet to ratilication
Iv their several legislatnres; and seiznrcs of American vessels and goods, followed
Iv rondemiiation for breach of the provincial cnstonis laws, have been made for
fcirtv vears without jtrotest or objection on the part of the United States Government.
Tiieinidefsigned, with regard to this contention of Mr. Bayar;l, has further to ob-
jftvctbat in the proceedings w;hicli have r(!ceutly been taken for the protection of
llio lisLerit's, no attempt has been made to put any ppecial or novel interpretation
kn tiie couvention of 1818. The seizures of the iishing vessels have been made in or-
Irt to enforce the explicit provisions of that treaty, the clear and long established
Jtovisioim of the imperial statute and of the statutes of Canada expressed in almost
Ihe8ame'.inguage.

I Theprjccedings which have been taken to carry out the law of the Empire in the
(resent cuso are the same as those which have been taken from time to time during
()]K'riod in which the couvention has been in force, and the seizures of vessels have
ifu luado tinder process of the imiierial court of vice-admiralty established in tins
irovinccs of Can.ida.

Mr. Bayard further observes that since the treaty of 1818, " a series of laws and
giiiatioii8 ail'ecting the trade between the North Ameri<'an provinces and the United
atesliavo been respectively adopted by the two countries, and have led to amicable
iliuutiiallybenelicial relations between their respective inhabitants," and that "the
ili'lit'udciit and yet concurrent action of the two Governiiicnts has etl'eeted a gradual
teDsion from time to time of the provisions of article i of the convention cl the ;id
July, 1815, providing for reciprocal liberty of commerce between the United States
1(1 tlio territories of Great Britain in Europe, so as gradually to include the colonial
issions of Great Britain in North A^merica and thfrWest Indies within the limits
that treaty."

TlnMindcrsigned has not been able to discover, in the instances given hy Mr. Bay-
any eviileuce that the laws and rognhitions atlocting the trade between the British
irtli American Provinces and the United States, or that " the independent and yet
laciitrciit action of the two Governments" liave either extended or restricted the
118 of the convention of 1818, or atteeted in any way the right to enforce its pro-
inns according to the plain meaning of the articles of the treaty ; on the contrary,
reference to the eighteenth article of the Washington treaty will show that tlM)
itracting parties made the convention the basis of the further privileges granted by
treaty, and it does not allege that its provisions are in any w^ay extended or af-
itc(ll)y Rubsequent legislation or acts of administration.

|Mr. Bayard has referred to the proclamation of President Jackson in 1830, creating
eoiproeal conunoreial intercourse on terms of perfect equality of Hag" between the
ited States and the British American dependencies, and has suggested that these
•mmercial privileges have since received a large extension, and that in some eases
iws' have been granted by the United States without ecpiivalent ' concession,'
:h as tile exemption granted by the shipping act of the ytJth June, 1884, amount-
to one-half of the regular tonnage dues on all vessels from British North America
West Indies entering ports of the United States."

lehasalsomentioned under this head "thoarrangement for thetransit of goods, and
romissiou by proclamation as to certain British ports and places of the remainder
the tonnage tax on evidence of equal treatment being shown" to United States

"•'proclamation of President, Jackson in 18110 had no relation to the subject of the
ties, and merely had the eflFect of opening United States ports to British vessels
|1emi8 similar to those which had already been gr.antetl in Britisn ports to vessels
Be United States. The object of the^o "laws and regnhilions " mentioned by Mr.
■Jrd was purely of a commercial character, wh.lo the sole purpose of the coiivon-
otlHl8 was to establish and define the rights of the citizcusof the two countries
Wion to the fisheries on the British North American coast.

sir,

RIOHTS Ol;^ AMERICAN l-'ISIIERMEN.

Boarin^f this dlHUnctloa in mind, however, it may bo conceded tliat gubstantiJ
nsaistanco has been given to the development of eoinmercial iutercourso between tl
two countries.

But lenislatiou in that direction ban not been conliued to the Oovorninont of i.
United States, as indeed Mr. Bayard has a<lmitted iu referring to the case of thcii
jterial shipping nn<l navigation act of lB-19.

For upwards of forty years, as has already boon stated, Canada has cnntiniiedi
evince her desire for a free exchange of the chief products of the two countries. ijJ
has repeatedly urged the desirability of tlie fuliiir reciprocity of trade wiiicliivMd
tablished during the i)eriod in which the treaty of 18r)4 was in force.

The laws of Canada with regard to the registry of vessels, tonnage (liiivs, aiiilsU
ping generally, are more liberal than those of the United States. The |niiUof('i3
ada in inland waters aio free to vessels of the United States, which are Hfltnitlcd t
the nse other canals on equal terms with Canadian vessels.

Canada allows free registry to ships built in the United States and purchased ii
British citizens, charges no tonnage or light duos on United States shippini;, amlea
touds a standing invitation for a largo measure of reciprocity in trade by hortanl
legislation. [

Whatever relevancy, therefore, the argnraont may have to the subject undcrcoj
sidoration, the undersigned submits that the concessions which Mr. liayard refers «
as "favors" granted by United States can liardly bo said not to have beenmetk
onnivalent concessions on the part of the Dominion, and inasmuch as tlio dispositioj
of Canada coutinncs to bo the same, as was evinced in the friendly logiHlationji
referred to, it would seem that Mr. Bayard's charges of showing "hostility toco
raerco under the guise of protection to inshore lisheries," or of interrupting ordinal
commercial intercourse by harsh measures and unfriendly administration, is Iiardll
justified. f

The questions which wore in controversy between Great Britain and the UnitJ
States i)rior to 1818 related not to shipping and commerce, but to the cl.iimaof Unii^
States iishermen to fish iu waters adjacent to the British Noith American Provin«

Those questions were deiinitoly settled by the convention of that year, and)
though the terms of that convention have since been twice suspoudcd, first liyl
treaty of 1854, and subsequently by that of 1871, after the lapse of each of these H|
treaties tho provisions made in 1818 came again into operation, and worocarricdo
by the Imperial and colonial authorities without tho slightest <loubt being raised^
to their being in full force and vigor.

Mr. Bayard's contention that tho effect of tho legislation which has t.iken pl«
under the convention of 1818, and of executive action thereunder, would bo ''toej
paud the restrictions and renunciations of that treaty which related solely tot
shore fishing within the three-mile limit, so as to affect tho deep-sea fisheries," .nd "i
diminish and practically destroy tho privileges expressly secured to American iishinj
vessels to visit thcso inshore waters for the objects of shelter and repair of daniagJ
and purchasing wood and obtaining water," appears to tho undersigned to be oi
founded. Tho legislation referred to iu no way affects those privileges, nor lias tl
Government of Canada taken any action towards their restriction. In tho cases*
tho recent seizures, which are tho immediate oubject of Mr. Bayard's letter, the va
sols seized had not resorted to Canadian waters for any one of the purposes specifii
in the convention of 1818 as lawful. They were United States fishing vessels,™
against tho plain terms of the convention, had entered Cduadian harbors, ludoii
so tho David J. Adams was not, even possessed of a permit "to touch and trada
even if such a document could bo supposed to divest her of the character of a tishii
vessel. j

Tho undersigned is of opinion that while, for the reasons which he has advantej
there is no evidence to show that the Government of Canada has sought toexpa
the scope of the convention of 1818 or to increase tho extent of its restriction!),!
would not bo ditfienlt to prove that the construction which tho United States seel
to place on that convention would have the effect of extending very largely tlii! piij
ileges which their citizens enjoy under its terms. Tho contention that the clianrf
which may from time to time occur iu the habits of tho fish taken off our coasts, or j
tho methods of taking them, should be regarded as justifying a periodical revisioaj
tho terms of the treaty, or a new interpretation of its provisions, cannot be ac«
to. Such changes may from time to time render the conditions of tho contract "t«
veniont to one party or tho other, but the validity of the agreement can hardly bcsi
to depend on tho convenience or inconvenience which it imposes from tinio totimc]
one or other of the contracting parties. When the operation, of its provisions caDj
shown to have becoito manifestly inequitable, the utmost the t good-will and fairdv
ing can suggest is that the terms should be i3cohsidered and a new arrangcmentj
terod into; but this the Government of the United States does not appear to haTew
■idorcd desirable.

RIGHTS OF AMKKICAN FIHIIEKMKN.

317

|. ji,„uljiow(<vor, tlio cuHo tliut (ho I'onvoiitioii of IHIH alFi-ctcd only tlio iiiHlioro

ilierieH oltlm Uritinh Provinctis; it wiin i'rniiMMl widi Mio olijoct ol" ullonlinj; a ctiiii-

i|eiiiiilvx(='*>^'^'*^ (Icliiiitioii of tlio rijirhtH uiiil lihi-rtii-H wliicli tlio liHh'iriiioii of tlio

litcd fjtalt'8 wore tboncoforwunl to oiijoy in following tln-ir vocation, ho far uh tliomj

ihu I'unlil 1)0 atfoutod by fuuilitit'tt for acci'HH tu tlio Mliorott or waloru of the liritiHli

oviiices or for iutorcourso with their jMiophi. It in thcrfforn no nndiio »(xj)aiminn of

t scope of tliftt convention to interpret Htriotly tlioso of itu itroviHions by whi«!h «nch

jjejuisilcniod, except to vessels roqnirin^ it for the pnrposeH Hpecilicaily dcHeribud.

<acbui>unilue expansion would, upon the other baud, certainly take place if, nuder

i^rr of itM pruviNionH, or of any aKrcementii relating; to general commercial intor-

larseffliich may have since been made, ponnission wore accorded to United States

icrnifn to rt'Hoit babitnally to the barbora of the Dominion, not for the sake of aeck-

Ml'otyforthoirvossela or of avoidiuK risk to human life, but in order to use thoHO

bors lis a Kcueral base of operations from which to prosocuto and organize with

.atrra'lvautago to tbomselvoH the industry in which they are engaged.

it was iu order to guard against such an abuse of the provisions of the treaty that

loDinttthem was included the stipulation that not only should the inshore lisherics

reiSrved to British lishernien, but that the United States should renounce the right of

irllsbermpu to enter the bays or harbors excepting for the four speciilcd purposes,

iclidouot include the purcbuso of bait or other appliances, whether intended for

^dwp-sca lisherics or not.

Tbenutlorsigncd, therefore, cannot concur in Mr. Bayard's contention that " to pro-
mt tlio purchase of bait, or any other supply needed for deep-sea lisbiug, would bo
expand the convention to objects wholly beyond the purview, scope, and intent of
(tnaty, and to give to it an eflect never contemplated. "

Mr. Bayard suggests that the possession by a fishing vessel of a permit to " touch

i(ltrado"Bboul(l give her a right to enter Canadian ports for other than the pur-

:8 named in the treaty, m; in other words, should give her perfect immunity

)m its provisions. This would amount to a practical repeal of the treaty, because

would euable a United States collector of customs, by issuing a license, originally

jintcnilcd for purpoaps of domestic customs regulation, to give exemption from

treaty to every United States fishing vessel. The observation that similar vos-

under the British llag have the right to outer the ports of the United States for

purchase of supplies loses its force when it is remembered that the convention of

18 contained no restriction on British vessels, aud no renunciation of any privileges

regard to them.

|Mr, Bayard stales 'hat in the proceedings prior to the treaty of 1818 the British

niissioners proposed that United States fishing vessels should be excluded " from

7iDgalso uierchaudiso," but that this proposition " being resisted by the Amori-

negotiators, was abandoned," and goes on to say, " this fact would seem clearly

iudicato that the business of fishing did not thou, and doe not now, disqualify

Isfrom also trading in the regular ports of entry." A reference to the procood-

alluded to will show that the proposition mentioned related only to United

itis vessels visiting those portions of the coaat of Labrador and Newfoundland on

lick the United States fishermen had been granted the right to fish, and to land

drying ond curing fish, and the rejection of the projjosal can, at the utmost, be

pposcd only to indicate that the liberty to carry merchandise might exist without

ijection in relation to those coasts, and is no ground for supposing that the right

lends to the regular ports of entrv", against the express words of the treaty.

I'lio proposition of the British negotiators was to append to Article I the following

ds: " It is, therefore, well understood that the liberty of taking, drying, and cur-

Uitli, granted in the preceding part of this article, shall not be construed to extend

any privilege of carrying on trade with any of his Britannic Majesty's subjects

iding within the limits hereinbefore assigned for the use of the fishermen of the

iitcd States."

Itwasalso proposed to limit them to having on board such goods as might " bo
letuary for the prosecution of the fishery or the support of the fishermen while en-
jed therein, or in the prosecution of their voyages to and from the fishing grounds."
othis the American negotiators objected, on the ground that the search for oontra-
id goods, and the liability to seizure for having them in possession, would exi)oso
ilishermeu to endless vexation, and, in consequence, the proposal was abandoned.
Jsapparent, therefore, that this jjroviso iu no way referred to the bays or barbora
' deof the limits assigned to the American fishermen, from which bays and bar-
it was agreed, both before and after this proposition was discussed, that United
ites fishing vessels wore to be excluded for all purposes other than for shelter and
jirs, and purchasing wood and obtaining water.

I, however, weight is to be gi /en to Mr. Bayard's argument that the rejection of a
■tosition advanced by either side during the course of the negotiations should bo
to necessitate an interpretation adverse to tho tenor of suc-i proposition, tha^

318

ItlOHTH OF AMERICAN I'ISUEKMEN.

ar^^uiiKiti* may certainly l.n iiKi'd to provo tliat Aiauriiiun fmliiii}; vuhncim wortt not m.
toiKlcd to liavd tlio ri^lit t(t ontiir L'ltiiiuliuii waturn for bait to bu uaud ovdii in iki
promM'iition of flio do»'|)-wa •lHhi'ri«w. Tlw, United Htatos iicKotiaton in lulu im^i,
tlio |)ro|Mmilion that tlm tlio wordrt "and bait" bo added to tlio ennnKralion of th«
oiiJ<!(!tH tor which tlieKe liNhrrniun might bo allowed to enter, and t!'o oroviNo at Hm
Hul)niitted had read " jirovidtui, however, that Aniurieau ilHlioruien Hhall be prriiiiucd
to enter Hindi bayH and liarbors for tlio |inr|ioHii only of obtaining Hheller, wiii)(|,w»i«r
and bait." The ad<litionof the two hint wordH waH, however, roMinted by the BrJtJDiJ
jdenipotentiaries, and their oiniHsiou acqnioNcttd in Ity their American colli'ii|ru(.M i,
iH, moreover, to be cd>,served that thiHiiroiioHition eouldnuiy huv(>hadrcft'n'iicotoi„„
due|)-Mea ilHhiny;, beeanHe the inshore tiNherit'H had already been Hpecifically ronouucei
by the rejjrcsenlativeH of the IJnitcil HtateH.

In addition to thin evidi^nco, itmnut be reniendiered that the United HtatcBGov-
ernnient aduiittcd, in the eaHOHid)mitted by them before the Halifax conniiiHaion la I
1h77, that noitlier the eonveution of IHlS nor the tnsaty of WashiuKton (.oiifrrwl
any right or privilege of trading on American (iHhermen. The liritiHh cuho ciaimeil
conipenuution for the privilege which had been given Hinco the ratilicatinu of tk j
latter treaty to United States iisbing vchkcIh "to tranufer c-argoeH, to outllt vchsiIs,
by HupplieH, obtain ice, engage HailorH, procure bait, and tratUc geuorally in Brititli
port8 and harbors." ,

'J'his <daim was, liownver, succeNsfnlly resiHtetlj and in the United StatcH case it ii
maintained " that the various incidental ami re(.i[irocal advantages of the treaty,
such as the privileges of tratlie, purehasiug bait and other biipplies, are nut tLo8iil> |
ject of compensation, because the treaty of Wasbiugton confers no such rightsonthe
inhabitants of the United States, who now enjoy thcui merely by sullerancc, and
who can at any time be deprived of them by the enforcement of existing lawi«or {
the re-enactment of former oppressive statutes. Moreover, the treaty doe« not pro- \
vide for any possible compensation for such privileges." j

Now, the existing laws referred to in this extract are the various statutes psugcd
l)y the imfierial and colonial legislatures to give eflect to the treaty of 1H18, which,
it is admitted in the said case, conld at any tune have b<;en (tnforcud (even duriDg the
existence of the Washington treaty), if the Canadian authorities bad chosen todoiio.

Mr. Uayard on more than one occasion intimates that the interpretation of tlio treat;
and its enforcement are diiitatcd by local and hostile feelings, and that the nmiii
(piestion is being "obscured by partisan advocacy and distorted by the lieat of locii
interests," and, in conclusion, expresses a hope that " ordinary commercial infcrconne
shall not be interrupted by harsh measures and nufriendly administrations."

The nndersigned «lesires emphatically to state that it is not the wish of the Goveni-
ment or the people of Canada to interrupt for a moment the most friendly ami frte j
conniKircial inttircourse w.ith the neighboring Ueitublic.

The mercantile vesst ,j and the commerce of the United States have at jiresentei-
, actly the same freedom that they have for years passed enjoyed in Caiiad.i, and the!
disposition of the Canadian Government is to extend reciprocal trade with the United i
States beyond its present limits, ''or can it bo admitted that the charge of local imjn-
die<M)r liostih) feeling is justified by the calm enforcement, through the legal triliUDalj
of the country, of the plain terms of a treaty between Great Britain and the United j
States,aud of the statutes which have been in operation for nearly seventy years, except-
ing in intervals during which (until put an end to by the United State's Govornment) j
special and more liberal provisions existed in relation to the commerce and fisheries
of the two countries.

The undersigned has further to call attention to the letter of Mr. Bayard of the 20ti
May, relating also to the seiztire of the David J. Adams in the port of Digby, Non J
Scotia. I

That vessel was seized, as has been explained «)n a previous occasion, by the com- 1
mander of the Canadian steamer Lansdowne, untlev the fonowing circumstances:

She was a United States lishing vessel, and entered the harbor of Digby for pur-
poses other than those for which entry is permitted by the treaty and by tho iinpenal j
and Canadi.an statutes. I

As soon as ])raeticablo, legal process was obtained from tho vice-admiralty conrtat
Halifax, and tho vessel was delivered to tho otlicer of that court. The paper referred j
to in Mr. Bayard's letter as having been nailed to her mast was doubtless a copyo(j
tho warrant which commanded the marshal or his deputy to make the arrest. j

Tho undersigned is informed that there was no intention whatever of so adjusting j
the paper that its contents could not bo read, but it is doubtless correct thatthej
officer of tho court in charge declined to allow tho document to be romoTod, Both]
tho United States consul-general and the captain of the David J. Adams were niadej
acquainted with the reasons for the seizure, and tho only ground for the statcmentthjt |
a respectful application to ascertain the nature of tho complaint was fruitless, w»j
that the commander of the Lansdowne, after the nature of the complaint had hm j

RiailTS OP AMERICAN riSHERMEN.

319

kiril 10 t!ioi«o L'u i(!«rii<'(l ami wiim |iiil>liiili('(l, iiiid hail lifcoiiiu nuturioim tu lh« |)t>M)il«
[lailb rniiiitiii'i*; il(!cliiivil to ^ivo tho IJnili'.il Ktuti-H c( nHiil-uoiiorul u Hpooilio uml
«iiii)Htatoiii>!iit iif the chai'f^oN iiimiii which the vi'HHttl would Co procouilctl uj^uiiiHt,
jll ri'fcrri'd him to hiH HUperior.
iSutli comluct on tbu nitrtof tlio odlccr of th» LaiiMdowuo uuii hitrdly bo Haid tu havu

[The li'),'ul iiroo^odinKH hud at that tiiiio boon coiiiinoucod in tlio ooiirt of vico-
Hiiiiralty «t Halifax, whore tho ITiiitud HtatcH coiiH«l-).'ciioral rosidoH, and tho oBl-
LgtDih'ly coiihl not havo Htatrd with iirecittion, nn ho v/an called niton to do, tho
fimiiilKoii which tho iutervontiun of tho uourt hud boon oluiniotl in tlio proceediuga

IThrre wiih not, in thia iDRtanco, tho Bli^hloat difllcultv in tho United HtuteH conHul-

rraUnd thoHO intorcHted in the voiwol obtaining tho fullvHt inforunition, and no

IfurmatioD which could huvo been given by tliOHu to whom they applied wuh with«

Apart from the general knovledgo of the ofVonHCH which it was tilaiined tho nianter
mI committed, and which was furniHhcd at tho tinio of the Boizure, tho niotit tech-
lal and prcciKodotailH wero roadily obtainable at tho regintry of tho court, and from
enolicitora of tho crown, and would havo boon furniHhcd iiuuiodiatoly ou applicu-
into tho iiiithorty to whom the commander of tho Lansdo-yno rcquoHtcd thoUn -id
tesconsul-geiural to apply. No such iuformation could havo boon obtained fi'>m
, paper attached to tho vessel's mast.

liutructioim have, however, been given to tho commandor of tho Lansdowne and
iir officers of tho marine police, that, in the event of any farther seizure, a state-
iit ill writing nlali bo given to tho master of tho seized vessel of tho oll'ouses for
(Iklitbo vessel may bo detained, and tliat a copy thereof shall be sent to tho United
to cnnsiil-genoral at Halifax, and to tho nearest United States consular agent,
1(1 there can be no objection to tho solicitor for the crown being instructed like; wise
furnish the euusiil-goneral with a copy of tho legal process in each case, if it can
MippuKcd that any fuller iuformation will thereby be given.

Mr. kijard is correct in his statement of the reasons for which the David J. Adams
u seized, and is now hold. It is claimed that the vessel violated tho treaty of
ll!*, and consequently the statutes which exist for tho enforcement of the treaty,

it in also el- imed Uiat she violated tho customs laws of Canada of la^J3.
tlio UDdcrsigned recommends that copies of those statutes bo furnished for tho in-
lation of Mr. Bayard.
Mr. Uayard has, in tho same dispatch, recalled the attention of Ilcr Majesty's min-
r to tlio corrospondenco and action which took place in tho year 187U, vhon tho
cry question was under considoration, and cspecmliy to the instructions from tho

of the admiralty to Vice-Admiral WoUesloy, in which that ollicer was directed
observe ;,'reat caution iu the arrest of American (ishormen, and to couliuo his ao-
in to ouo class of ofl'onses against tho treaty. Mr. Bayard, however, appears to
ivc attached unwarranted importance to the correspondence and instructions of
"\ when he roicra to thom as implying " an understanding between tho two Gov-
iumiIh," an understanding, which should, in his opinio'), at other times, and under
;r circunistances, govern tho conduct of the authorises, whether imperial or co-
iial, to whuru under tho laws of tho Empire is committed the duty of enforcing the
iaiy in question.

WliHi, therelore, Mr. Boyard points out the "absolute aud instant necessity thut
« exists for a restriction of the aeiauro of American vessels charged with violations
tho treaty of IWlH " to the conditions specified under those instructions, it is noces-
7 to recall the fact tuat in the year 1870 tho principal cause of complaint ou tho
rt 111 CanadiiiFi lishcrmen was that tho American vessels wero trespassing on tho
ore tishiiig gronnds aud interfering with tho catch of maclferel iu Canadian waters,
purehaso of bait being then a matter of secondary importance.
it is prohablo, too, that the action of the imperial Government was inllnenced very
gely by the prospect v hich then existed of an arrangement such as was accom-
li'il in the following year by the treaty of Washington, aud that it may bo in-
«1, in view of this disposition made aji^iarent ou both sides to arrive at such mi
Wcistaudiiig, that tho imperial authorities, without any surrender of imperial or
Mill! rights, and without acquiescing in any limited construction of the treaty,
itriicted tho vice-admiral to couiiue his seizures to the more ojieu and injurious class
olTenscs which wero especially likely to bo brought within tho cognizance of the
jalofliceisof tho imperial service.

^Canadian Government, as has been already stated, for six mouth left its fishing

BUS open to American fishermen, without any corresponding advantage iu return,

order to prevent loss to those fishermen, and to afford time for the action of Con-

"■ on the Presiilent's recommendation that a joint commission should be appointed

Musidor tho whole queatiou relating to the fisheries.

320

RIGHTS OF AMKKICAN FISHERMEN.

That rcooiuuiciuliition bus been rejected by Congress. Caua«liau lisL is by pro. I
bibitory duties excluded Irom Ibo United Statca market. TLo American lishernieii l
clamor against tbo removal of tbi,Ho duties, and, in order to maintain a monopoly of I
tbo triado, continue against all law to force tbemselvcs into onr waters and harbors,
and make our sliores their base for supplies, especially for bait, wbicb ij necessaryto
tbe successful prosecution of their business.

They hope by this course to supply the demand for their home market, and tLusto
make Canada indirectly the means of injuring her own trade.

Ifc is surely, therefore, not unreasonable that Canada should insist on tbo rightsM-
cured to her by treaty. She is simjjly acting on the dcfmsive, and no trouble c« I
arise between the two countries if American fishermen will only recognize tbopio.
visions of the convention of 1818 as obligatory upon them, and until a new arraD"e. I
ment is made, abstain both from iishing iu her waters and from visiting hor baysand
harbors for any purpose save those specified in the treaty. I

In conclnsion, the undersigned would express the hope that the discussion whickl
has arisen on this question may lead to renewed negotiations between Groat Britain I
and the United States, and may have the result of establishing extended trade rela-
tions between the Republic and Canada, and of removing all sources of iiTitationbe- 1
tween tho two countries.

GEORGE E. FOSTER,
Miviatei' of Marine and iiahmet.

W .

[laclosuro 2 iu Ka 1. )
lieport.

With reference to a dispatch from the British minister at Washiugtoi!, to bis creel- 1
lency the governor-general, dated tho 21st May last, and inclosing a lettur from Mr, I
Secretary Bayard, regarding the refusal of tho collector of customs at bigby, Novij
Scotio, to allow the United States schooner Jennie and Julia the right of e.xereis-l
ing commercial privileges at the said port, the undersigned baa the honor to make the j
following observations : I

It appears the Jennie and Julia is a vessel of about 14 tons register, that »h«j
was to all intents and purposes a fishing-vessel, and, at the time of her entry into tbe I
port of Digby, had fishing gear and apparatus on board, and that the collector fiillyj
satisfied himself of these facts. According to the master's declaration, she was tlierel
to purchaae fresh herringonly, and wished to get them direct from the weir linhcrnicD. |
The collector acted upon his conviction that she was a fishing vessel, and,a8 8ucli,(le-J
barred by the treaty of 1818 from entering Cauadiiui ports for the purposes of tradc.l
lie, therefore, in the exercise of his plain duty, warned her off. I

Tho treaty of 1818 is explicit in its terms, and by it United States fishing vcsselij
are allowed to enter Canadian ports for shelter, repairs, wood, and water, an.l "fornoj
other purpose whatever."

The undersigned is of tho opinion that it cannot be successfully contended that *
bona fide fishing vessel can, by simply declaring her intention of purchasing fresh fist
for other than baiting purposes, evade tho i^rovisions of the treaty of 1818 andolitainj
privileges not contemplated thereby. If that were admitted, the provision of tbe j
treat,y which excludes United States fishing vessels for all purposes but tho four alio\o!
mentioned, would be rendered null and void, ami tho whole United States Iishing fleell
be at once lifted out of the category of fishing vessels, and allowed the free use of Ca- j
nadian ports for baiting, obtaining supplies, and trans-shipping cargoes. I

It appv-.ars to the undersigned that the question as to whet ir a vessel is a iisbinH
vessel or a legiticiote trader or merchant vessel, is oae of fact and to be dccidcil Ijl
the chdraoter of tho vessel and the nature of her outfit, and that the class to which sliel
belongs is not to be determined by the simple declaration of her master that he is noil
at any given time acting in the character of a fisherman. I

At tho same time the undersigned bogs again to observe that Cftiiada has no ilosirel
to interrupt the long-established and legitimate conimercial intercoiirso with tlel
United States, but rather to encourage and maintain it, and that Can Indian port? aral
at present open to the whole merchant navy of the United States on tho same liltfral|
conditions as heretofore accorded.

The whole respectfully submitted.

GEORGE E. FOSTER,
Minister of Manne aud Fiihaiti.

Ottawa, June 5, 1886.

EIGHTS OF AMERICAN FISHERltfEN.

321

[Inoloaure "So. 2, with Mr. Ilardiiigp's note of Angnst 2, 1880.]
Tk« Earl ofBosebery to Sir L. }Uil.

Foreign Ofkick, July 23, 1886.

Sir: I Lave to acknowledge the receipt of your dispatch No. 46 (treaty), of the 30th
ftlav lasf) inclosing a copy of a note from Mr. Bayard, in which he protests against
fhe provisionH of a bill recently introduced into the Canadian Parliament for the pur-
!iii« (if regulating iishing operations by foreign vessels iu Canadian waters.
f 111 reply I iuclose an extract of a dispatch from the governor-general of Canada,
Lotftiniiig observations on the subject.

1 liave to add that Her Majesty's Government en*' I'ely concur in the views expressed
Bivtiie Marquis of Lansdowne iu this extract, of which you will communicate a copy
oMr. liiiyard, together with a copy of the present dispatch.

With regard to Mr. Bayard's observations in the same note respecting a customn
Hirciiliir ami a warning ipsued by the Canadian authorities, and dated respectively
Bl:e 7th May und the otl March last, I liave to acquaint you that these documents
Lie now benn amended so as to bring them into exact accordance with treaty stipu-
litioim; and I inclose, for communication to the United States Government, printed

u[m<8 of tliese documents as amended,
I am, &c.

n, toliisKcel-l

(Inclosnre 1 in No. 2.]

The Marquis of Lanadoivne to Earl Granville.

[Extract.]

Citadel, Quebec, June 7, 1886.

flcr Majesty's minister at Washington has been good enough to communicate tome,
fciriiiy information, copy of a note received by him from the Secretary of State of the
Tniti'd States, iu which the bill is criticised, not so much on account of its policy, or
becuiise its introduction is regarded as inopportune and inconvenient, as upon the
pound that any legislation by the Parliament of the Dominion for the purpose of in-
>riireting and giving eflfert to a contract entered into by the imperial Government is
itfjoud the competence of that Parliament, and " an assumption of jurisdiction en-
pirtly unwarranted," and therefore "wholly denied by the United States."

Your lordship is no doubt aware that legislation of this kind has been frequently
^sorted to by the Parliament of the Dominion, f/ir the purpose of enforcing treaties
br conventions entered into by the imperial Government. In the present case the
TtgislatioD propos"d was introduced, not with the object of making a change in the
lerms of the convention of 1818, nor with the intention of representing as breaches of
llie convention any acts which are not now punishable as breaches of it. What the
iramers of the bill sought was merely to amend the procedure by which the conven-
liou is enforced, and to do this by attaching a ]>articular penalty to a ^articular
p.'ich of the convention aftsr that breach had been proved before a competent

ribunal. li must oe remembered that the convention itself is .ilent as to the pro-

dure to be taken in enforcing it, and that efl'ect has accordingly been given to its
kroTisions at different times both through the means of acts passed, on the one side, by
[ougress, and, on the other, by the imperial Parliament, as well aa by the legislatures
If the British North American Provinces previous to confederation, and since confed-
Ita'ion by tlio Parliament of the Dominion. The right of the Dominion Parliament
(o legislate for these purposes, and the validity of such legislation as against the cfti-
fcnBof a foreign country has, as far us I am aware, not been seriously called ia ques-
N' Sueb legislation, unless it is disallowed by the imperial Government, becomes

art of the law of the Empire.

TbcGc""ument of the United States has long been aware of the necessity of rcfer-
jwoto iii-) Dominion Parliament in matters auecting Canadian interests, and has, I
Vlieve, never raised any objection to such reference. The treaties of 18u4 and 1871,

ofar as they rela^^^ed to the hsheries or to the commercial relations of tbs Dominion,
fm niado subject to ratification by her legislature. In the same way the treaty
iDiler which fugitive criminals from the ITnited States into Canada are surrendered,
^carried into effect by means of a Canadian statute. If a foreigner commit(> a mnruer

tC'aiiarta lie is tried, convicted, and executed by virtue of a Canadian and not of an

Meriiil act of Parliament. Seizures of goods and vessels for breaches of the local cus-
Nis law have in like manner been made for many years past without any protesli
Ttho ground that such laws involved an usarpatioi:: of power by the colony.

S. 2\. 113- 21

S2-2

KIGUTS OF AMERICAN FISHERMEN.

Mr. Biiyard's siatoincut that tho Dominion Qovornmont is Booking; by itsactiuiijii
this matter to " invado and destroy the commercial rights and privilet^es Becnredto
citizeuB of tlie United States under and by virtue of treaty etipulatioas with Great !
Britain " is not ^varran^ed by tho facts of the case. No attempt has been made either '
by the authorities intrusted wi*h the enforcement of the existing law or by the Par.
li'ament of the Dominion to interfere with vessels engaged in bona fide commcrciji
transactions upon the coast of the Dominion. The two vessels which have been
seized are both of thera beyond all question fishing vessels and not traders, and there-
fore liable, subject to the finding of the courts, to any penalties imposed by law for
tho enforcement of the convention of 1818 on parties violating the terms of that cod-
vention.

When, therefore, Mr. Bayard })iotests against all such proceedings as being "fla.
grantly violative of reciprocal commercial privileges to wluch citizens of the United
States are lawfully entitled under statutes of Great Britain and the well-defined awl
])nblicly-proclaimed authority of both countries,'' and when he denies the competencf
of the fishery department to issue, under the convention of 1818, such a paper as tbo
*' warning," dated the 5th March, 1886, of which a copy has been sapplied to your i
lordship, he is in effect denying to the Dominion tho right of taking any strips for t
protection of its own rights secured under the convention referred to.

i, [IncIoaare2inKo. 2.]

Warning.
To all to whom it may concern :

The Government of the United States having by notice terminated Articles XVIII
to XXV, both inclusive, and Article XXX, known as the fishery articles of the Wash-
ington Treaty, attention is called to the following provision of the convention be-
tween the United States and Great ifitair med at London on the 20th October,
1818 :

"Article I. Whereas differences havo aiihen respecting tho liberty claimed by tho
United States, for tho inhabitants thereof, to take, dry, and cure fish, on certain
coasts, bays, harbors, and creeks of his Britannic Majesty's dominions in America,
it is agreed between the high contracing parties that the inhabitants of tho said Uniteil
States shall have forever, in common with the subjects of his Britannic Majesty, the
liberty to take fish of every kind on that part of tlie southeni coast of Newfoundland
which extends from Capo llay to the Rameaa Islands, on the western and northern
coast of Newfoundland, from tho said Cape Ray to the Qnirpou Islands, on the shorei
of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks from Mount
Joly, on the southern coast of Labrador, to and through :he straits of Bello IsIp, and
thence northwardly indefinitely along tn.. coast, without prejudice, however, to anyof I
tho exclusive rights of the Hudson's Bay Company ; and that tho American tSsLcrmen '
shall also have liberty forever to dry and cure fish in'any of the unsettled bays, har-
bors, and creeks of the southern part of the coast of Newfoundland hereabove de-
scribed, and of the coast of Labrador ; but so soon as tho same or any portion thereof,
shall be settled, it shall not bo lawful for the said fishermen to dryorcnrefishatsnch
l)ortion so settled, without previous agreement, for such purpose, with the inhabi-
tants, proprietors, or possessors of the ground.

"And the United States hereby renounce forever ar
claimed by the inhabitarts thereof, tctako, dry, orcv
miles of any of the coasts, bays^ creeks, or harbors o)
ions in America not included within the ubove-mei Mo

that the American fishermen shall be admitted to eutt l f- tc' ^ays or harbors forthe I
purpose of shelter, and of repairing damages therein, of y.... fissmg wocl, and of ob-
taining water, and for no other purpose whatever. Biit thi,y shall be under sneh
restrictions as may be necessary to prevent their taking, drying^ or curing fish therein,
or in any manner whatever abusing tho privileges hereby reserved to tlieiu."

Attention is called to the fol'owiiig pro /isions of the act of Parliament of Canada, |
cap.61, of the acts of 1868, entitled "An act respecting fishing by foreign vessels"; j

"2. Any commissioned oflBcer of Her Majesty's navy, serving on board of auyvcsseli j
of Her Majesty's navy cruising and being in the waters of Canada for purpiwcf
affording protection to Her Majesty's subjects engaged in the fisheries, or any com-
missi lued officer of Her Majesty's navy, fishery olticer, or stipendiary magistrate on
board of any vessel belonging to or in the service of tho Government of Canada, and
employed in tho service of protecting the fisheri ss, or any oflScer of tho cnstoms of
Canada, sherifl", mogistrato, or other person duly commia ioned for that pui-pose,may ]
go on board of any ship, vessel, or boat within auy harnor in Canada, or hoverinf j
(in British waters) within three marine miles of anj 'if the coasts, bays, cieeks, or r"

'iliiTty heretofore enjoyed or
iv !; ■ra or within three maruie |
.i tannic Majesty's dorain-
n.' ^8 ; provided, howevir.

EIGHTS OP AMERICAN FISHERMEN.

323

horoJD Cttuudn, and stay ou board bo long as she may remain within siiclt place or

' "1. If such ship, VO880I, or boat bo bound elsewhere, and shall conthine within
such harbor, or so hovering for twenty-four hours after the master shall have been
required to depart, any one of such oflBcers or persons as arc above mentioned may
king such ship, vessel, or boat into port and search her cargo, and may also examine
tlio master upon oath touching the cargo and voyage; and if the master or person in
command shall not truly answer the questions put to him in such examination he
fibiiU forfeit $400 ; and if such ship, vessel, or boat bo foreign, or not lavigated accord-
ID2 to tlie laws of the United Kingdom, or of Canada, and have been found fishing or
preparing to fish, or to have been fishing (in British waters) within three marine milesof
any of the coasts, bays, creeks, or harbors of Canada, not included within the above-
mentioned limits, without a license, or after the expiration of the periotl named in
tbe last license granted to such ship, vessel, or boat under the first section of this act,
Slid) ship, vessel, or boat, and the tackle, rigging, appare!, furniture, stores, and cargo
thereof shall he forfeited.

''4, All goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture,
stores and cargo liable to forfeiture under this act, may bo seized and secured by any
officers or persons mentioned in the second sectio » of this act ; and every person op-
posing any Ucer or person in the execution o* Iiis duty under this act, or aiding; or
abettiug an> other person in any opposition, shall forfeit $800, and shall be guilty of
: ft misdemeanor, and upon conviction, be liable to imprisonment for a term not exceed-
ing two years."

Of all of which you will take notice and govern yourself accordingly.

GEORGE E. I-'OSTER,
Minister of Marine avd Fislicriea.

Depautment of Fisheries,

Ottawa, March 5, 1886.

[Inclosnro 3 in Ko. 2.]

Cuatoma circular No. 371.

Customs Depautment,

Ottawa, May 7, 1886.

•Sir: The Government of the United States having by notice temiinated Articles
[XVIII to XXV, both inclusive, and Article XXX, known as the flsheiy articles of the
[Washington treaty, attention is called to the following provision of the convention
i (letwecn the United States and Great Britain, signed at London on the SJOth Octo-
|kr,181&:

"Ahticlk I. Whereas diflferences have arisen respecting the liberty claimed by the
[United States for the inhabitants thereof to take, dry, an«l cure fish on certain coasts,

liavs, harbors, and creeks of his Britannic Majesty's dominions in America, it is
[agreed between the high contracting parties that the inhabitants of the said United

f^^ljii^ shall have forever, in common with the subjects of his Britannic Majesty,
Itlie liberty to take fish of every kind on that part of the southern coust of N^w-
jfoimdland which extends from Capo Ray to the Rameau Islands, on the western
1.111(1 northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands,
Ion the shores of tho Magdalen Islands, and also on the coasts, bays, harbors, and
lorteks from Mount Joly, on the southern coast of Labrador, to and through the
luraitsof Belle Isle, and thence northwardly indefinitely along tho coast, without
Ipnjudice, liowovor, to any of tho exclusive rights of the Hudson's Bay Company;
|aiiil that tho American fishermen shall also have liberty forever to dry and cure
in any of the unsettled bays, harbors, and creeks of the southern part of the
IfOMtof Newfoundland, hereabove described, and of the coast of Labraclor; but so
■won as tho same, or any portion thereof, shall bo settled, it shall not be law/"' 1 for
Itle said fishcrnieu to dry or cure fish at such portion so settled, without jirevious
|«);reement for such purpose with the inhabitants, proprietors, or possessors of the

"And tho United States hereby renounce forever any liberty heretofore enjoyed or
pliimcd by the inhabitants thereof to take, dry, or cure fish ou or within three marine
pii.i'sof any of the coosts, bays, creeks, or harbors of His Britauuio Majesty's domiu-
Ns in America not included within the above-mentioned limits ; provided, however,
pliiit the American fishermen shall be admitted to enter such bays or harbors for the
|nrpose of shelter, and of repairing damages therein, of purchasing wood, and of ob-
Taiiiing water, and for no other purpose whatever. But they shall be under such
(•■strictions as may be necessary to prevent their taking, drying, or curing fish therein,
|ir m any manner whatever abusing the privileges hereby reserved to them."

324

BIGHTS OV AMERICAN i'lSHERMEN.

Attention is also called to the following provisions of tbo act of tbo Parliament of
Canada, cap. 61, of the acts of 18C8, entitled "An act respecting liehing by foteim
vessels":

"2. Any commissioned oiBcerof Her Majesty's uavy.serving on board of any vessel
of Her Majesty's navy crnising and being in tbo waters of Canada for purpose ot
affording protection to Her Majesty's subjects ongcged in tbe tisborica, or any com.
missioned oflQcer of Her Majesty's navy, nsbory oflicer, or stipendiary ina<^i8tratc or
board of any vessel belonging to or in the service of tbo Government of Canada ami
employed in tbo service of protecting the lisbpries, or any officer of tue ('ustoinsot
Canada, sheriff, magistrate, or Jther person duly commissioned for that pur[)08e,niav
go on board of any ship, vessel, or boat within any harbor in Canada, or bovcrinj; (ij
British waters) within tbreo marine miles of any of the coasts, bays, creeks, or liarliorj
in Canad.s and stay on board so long as she may remain within such place or distance,

" 3. If such ship, vessel, or boat be bound elsewhere, and shall continue wltliin
such harbor, or so hovering for twenty-four hours after tbe master shall have been
required to depart, any one of such officers or persons as are above nieniioncd niav
bring such ship, vessel, or boat intc^port and search her cargo, and may also examine
the master upon oath touching the cargo and voyage ; and if the master or iiorHonln
command shall not truly answer the questions put to him in such examination, he
shall forfeit 400 dollars; and if such ship, vessel, or boat bo foreign, or not navijjated
according to the laws of the United Kingdom or of Canada, and have been fonnd
tishing, or preparing to fish, or to have been fishing (in British waters) within three ma-
rine miles of any ot the coasts, bays, creeks, or harbors of Canada, not iiichuled witb-
in the above-mentioned limits, without a license, or after the expiration of the period
named in the last license granted to such ship, vessel, or boat under the Ist section
of this act, such ship, vessel, or boat, and tlie tackle, rigging, apparel, furniture,
stores, and cargo thereof shall be forteited.

"4. All goods, ships, vessels, and boats, and the tackle, rigging, apparel, furnitnre,
stores, and cargo liable to forfeiture under this act, may be seized aud secund h
any oflBcers or persons mentioned in the ad section of this act ; and every person
opposing any officer or person in the execution of his duty under this act, or aiding
or abetting any other person in any opposition, shall forfeit 800 dollars, and sball be
guilty of a misdemeanor, and, upon conviction, be liable to imprisonment for a term not
exceeding two years. "

Having reference to the above, you are requested to furnish any foreign vesselj,
boats, or fishermen found within three marine miles of the shore, within your district,
with a printed copy of the warning iuclosed herewith.

If any fishing vessel or boat of the United Stales is found fishing, or to have been
fishing, or preparing to fish, or if hovering within the three-mile limit, docs not depart
within twenty-four hours after receiving such warning, you will please place an of-
ficer on board of such vessel, and at onco telegraph the facts to the Fi,sliories Depart-
ment at Ottawa, and await instructions.

J. JOHNSON,
Commissioner of Customi.

To the Collector oif Customs at .

[ InoloBure Ko. 8, with Mr. Hardinge's uote of Augiint 2, 1880.]
r/t« Earl of Roselery to Sir L. West.

FoiJEiGN Office, Jiity Zi, 18d6.

Sib : I have recoived your dispatch No. 55, 'I'reaty, of the 15th ultimo, in which yon I
inclose a copy of a note from Mr. Bayard, protesting against a warning alleged to liave
been given to UnitedStates fishing vessels l>y a Canadian customs official, with the
view to prevent them from fishing within lines drawn from headland to headland
from Cape Canso to St. Esprit, and-from North Cape to East Point of I'rince Edwcid
Island.

In reply, I have to request you to acquaint Mr. Bayard that Her Majesty's Govern-
ment have ascertained that no instructions to this eli'ect have been issued bytheCa-j
nadian Government, but that a further report is expected upon the subject.

It appears that the collector at Canso, in conversation with the mast.ir of a fish
vessel, expressed the opinion that the headland line ran from Cranberry Islanti to I
8t. Esprit, but this was wholly unauthorized.
I am, d^o.

BIGHTS OP AMERICAN FISHERMEN.

325

No. 28.

Mr. Bayard to Mr. Hardinge.

Department op Statw,
Washington, August 9, 1886.
Sie: I regret tbat it bas become my duty to draw the attention of
Her Majesty's Government to the unwarrantable and unfriendly treat-
ment, reported to me this day by the United States consul-general at
Halifax, experienced l>y the American fishing schooner Battler, of Glou-
cester, Mass., on the 3d instant, upon the occasion of her being driven
by stress of weather to find shelter in the harbor of Shelburue, Nova

Scotia.

She was deeply laden and was off tke harbor of Shelburne when she
sought shelter in a storm and cast anchor just inside the harbor's en-
trance.

She was at once boarded by an oflBcer of the Canadii\n cutter Terror,
who placed two men on board.

When the storm ceased the Battler weighed anchor to proceed on
her way home, when the two men placed on board by the Terror dis-
charged their pistols as a signal, and an officer from the Terror again
bowded the Battler and threatened to sieze the vessel unless the cap-
tain reported at the custom-house.

The vessel was then detained until the captain reported at the cus-
tom house, after which she was permitted to sail.

The hospitality which all civilized nations prescribe has thus been
violated and the stipulations of a treaty grossly infracted.

A fishing vessel, denied all the usual commercial privileges in a port,
has been compelled strictly to perform commercial obligations.

In the interests of amity, I ask that this misconduct may be properly
rebuked by the Government of Her Majesty.
I have, &c.,

T. F. BAYAED.

No. 29.

Mr. Hardinge to Mr, Bayard.

"W ASHiNQTON, August 10, 1886. [Eeceived August 11.]
SiE: I have the honor to acknowledge the receipt of your note of yes-
I terday, drawing the attention of Her Majesty's Government to the
( alleged unwarrantable and unfriendly treatment experienced by the
I American fishing schooner Battler, on the 3d instant, upon the occa-
I sion of her being driven by stress of weather to find shelter in the har-
j bor of Shelburne, Nova Scotia.
I have, &c.,

CHABLES HABDINGE.

526

RIGHTS OP AMERICAN FISHERMEN.

No. 30.

Mr. Bnyard to Sir L. West.

»

Depabtment op State,
Washington, AugvM. 17, 188C.

SiE : An affidavit has been filed in this Department by P.euben Cam-
eron, master of the American scboouer Golden Ilind, of Gloucester
Mass., setting forth that, on or about the 23d of July ultimo, beingont
of water, he attempted to put into Port Daniel, Bay of Chaleurs,to
obtain a fresh supply; that at the entrance of the bay, about four or
five miles from land, the Golden Hind was boarded by an officer from
the Canadian schooner B. F. Conrad, and by him ordered not to euter
the Bay of Ohaleurs^ that said officer furnished Captain Cameron witli
a printed warning with this indorsement written thereon : " Dou't ea
ter the Bay of Chaleurs, M. S.;" and that in conseqnence of said act of |
the Canadian officer the Golden Hind was obliged to go across to Tig
nish. Prince Edward Island, to obtain water, whereby his fishing veu-
ture was interfered with, and loss and injury caused to the vessel and
her owners.

1 have the honor to protest against this act of officers of Her Britan
nic Majesty as not only distinctly unfriendly and contrary to the liumaue |
usages of civilized nations, but as in direct violation of so much of Ar
tide I of the convention of 1818 between the United States and Great j
Britain as secures forever to American fishermen upon the Britisli
North American coast admission to the bays or harbors thereof for the I
purpose of obtaining water. And for all loss or injury which may h \
shown to have accrued by reason of the act in question the Govern-
ment of Her Britannic Majesty will be held justly liable.

I have further the honor to ask with all earnestness that the Gov-
ernment of Her Britannic Majesty will cause steps to be forthwitli j
taken to prevent and rebuke acts so violative of treaty and of tbe |
common rites of hospitality.
I have, &c.,

T. F. BAYAED,

No. 31.

Sir L. West to Mr. Bayard.

Wasuington, August 18, 188G. [Received August 19.]
Sir: I have the honor to acknowledge the receipt of yournoteofj
yesterday, protesting against the action of the officer of the Dominion I
schooner E. P. Conrad, in forbidding the master of the American
schooner Golden Hind to enter the Bay of Chaleur for the purpose of j
renewing his supply of fresh water at that i^lace.
I have, &c.,

L. 9. SAOKVILLE WEST.

EIGHTS OP AMERICAN FISHERMEN. 327

No. 32.

Mr. Bayard to Sir L. West.

DepabItmbnt op State,

Washington, August 18, 1886.

SiE : Grave cause of complaint is alleged by the masters of several
American fisbing vessels, among wbich can be named the schooners
Sbiloh and Julia Ellon, against the hostile and outrageous misbehavior
of Captain Q'ligley, of the Canadian cruiser Terror, who, upon the en-
trance of these vessels into the harbor of Liverpool, Nova Scotia, fired
a gnn across their bows to hasten their coming to, and placed a guard
! of two armed men on board each vessel, who remained on board until
the vessels left the harbor.

In my note to your legation of the 9th instant I made earnest remon-
strance against another unfriendly act of Captain Quigley, against the
schooner Battler, of Gloucester, Mass., which, being fully laden and on
Ler bomeward voyage, f^ought shelter from stress of weather in Shel-
1 Imnie Harbor, Nova cotia, and was then compelled to report at the
; customhouse, and have a guard of armed men kept on board.

Such conduct cannot be defended on any just ground, and I draw
[ your attention to it in order that Her Britannic Majesty's Government
i may reprimand Captain Quigley for his unwarranted and rude act.

It was simply impossible for this oflBcer to suppose that any invasion
I of the fishing privileges of Canada was intended by these vessels under
1 tJic circumstances.

The firing of a gun across their bows was a most unusual and wholly
I nucalled for exhibition of hostility, and equally so was the placing of
[armed men on board th'^ peaceful and lawful craft of a friendly nation.
I have, &c.,

T. F. BAYARD.

No. 33.

Sir L, West to Mr. Bayard.

Washington, August 18, 1886. [Received August 19.]
SiE: With reference to your note of the 2d ultimo reporting to me
[the detention of the American schooner City Point, of Portland, Me., by
Ithe Canadian authorities ai, the port of Shelburne, Nova Scotia, and pro-
jtestin^' against their action in so doing, I have the honor to inform you,
[in accordance with instructions which I have received from Her Maj-
ity's Government, that the master of the schooner City Point com-
Imitted a breach of the customs laws of the Dominion by not reporting
jto customs and lauding pa-^t of the crew and luggage. The vessel in
[qnestion was subsequently released on deposit of $400.
I have, &c.,

L. S. SAOKVILLE WEST.

328 RIGHTS OP AMERICAN FI3HEfiMEN.

No. 34

*

Sir L. West to M: Bayard.

Washington, August 19, 188G. [Eeceived August 20.1
Sm : I have the honor to acknowledge the receipt of your note o.
yesterday inforrainf; me of the causes of complaint alleged by thema^l
ters of several American fishing vessels against Captain Quigley,ofthe|
Canadian cruiser Terror.
I have, &c.,

L. S. SACKVILLB WEST.

No. 35.

Sir L. West to Mr. Bayard.

British Legation,
September 1, 188G. [Received September 2.]
SiE : With reference to your note of the 30th of July last, calliDf^j
attention to the cases of the Thomas F. Bayard and the Mascot,
have the honor to inform you, in pursuance of instructions from Uerj
Majesty's secretarj'^ of state for foreign affairs, that immediate inquirjl
will be made into the matter with the view that the right secured bri
the convent'on of 1818 to United States fishermen shall in no wise 1
prejudiced.

I have, &c.,

L. S. SACKVILLB WEST.

No. 36.

Mr. Bayard to Sir L. West.

Department of State,

Wa^hingtoHi, September .10, 1886.

Sir: It is my duty to ask you to bring to the attention of HerBril
tannic Majesty's Government the treatment lately experienced by an
American fishing vessel, the Mollie Adams, of Gloucester, Mass., attbj
hands of the collector of customs at Port Mulgrave, in the Strait c
Canso, Nova Scotia.

By the sworn statement of Solomon Jacobs^ master of the schooneij
Mollie Adams, it appears that on the 31st ultimo, whilst on hi8honie[
ward voyage laden with fish from the fishing banks, he was compelto
to put into Port Mulgrave to obtain water, and duly made report an!
entry at the custom house. The water-tank of the vessel having beej
burst in his voyage by heavy weather and thus rendered useless, bj
asked permishion of the collector to purchase two or three barrels tj
hold a supply of water for his crew on their homeward voyage of abonr
500 miles.

This application was refused and his vessel threatened with S'^iznrj
if barrels were so purchased. In consequence the vessel was compelW

fttOrit'S OP AMERtcAN PtSITteRMBN.

OZ

to put to sea with an insuflEicient supply of water^ and iii trying to make
gome other port wherein to obtain water a severe gale was encountered
which swept away his deck-load of fish and destroyed two seine boats.
This inhospitable, indeed inhuman, conduct on the part of the cus-
toms officer in question should be severely reprimanded, and for the
infractiou of treaty rights and commercial privileges compensation
equivalent to tlie injuries sustained will be claimed from Her Majesty's
Governmeut.
I have, &c.,

T. F. BAYAllD.

No. 37.

Sir L. West to Mr. Bayard.

Washington, September 11, 1880. [Received September 14.]
Sir: I have the honor to acknowledge the receipt of your note of
[yesterday's date calling attention to the case of the Mollie Adams.
I have, &c.,

L. S. SACKVILLE WEST.

No. 38.

Sir L. West to Mr. Bayard.

British Legation,
Washington, September 17, 1886. [Received September 18.]

SiE : With reference to your note of the 30th of July last, calling
[attention to alleged infractions of the convention of 1818 by the author-
jities at Bonne Bay, Newfoundland, and at Port Amherst, Magdalen
llslands, I have now received instructions from Her Majesty's secretary
jof state for foreign affairs to Inform you of the steps which have been
[taken in the matter in consequence of the protest of the United States
iGoverument.

On the arrival of your note in London, Her Majesty's secretary of
JBtate for the colonies telegraphed to the officers administering the Gov-
lerameuts of Canada and Newfoundland calling attention to the cases,
laml explaining that under the treaty of 181.S United States flsheriuen
lliave the right to fish off the coasts of the Magdalen Islands and off cer-
[taiu coasts of Newfoundland, and stating that it was presumed that the
pstonis otDcials in those places had not been instructed in the same
My as on other parts of the coast.

On the 25th ultimo the Governments of Canada and Newfoundland
wre further instructed by dispatches from the colonial office to make
'nil reports on the subject of the comi)laints in question, and it was
ffcomuiended that special instructions should be issued to the authori-
m at those places where the inshore fishery has been granted by the
pivention of 1818 to the United States fishermen, calling their atten-
™ii to the provisions of that convention, and warning them that no

330

BlGHT.s OF AMERICAN FISHERMEN.

action contrary thereto may be taken in regard to United States fli
ing vessels.

I may add that information has been received that the waruius; uotic«i|
referred to by yon were discontinued in the beginning of Aug .st.
I have, &o.,

L. S. SAOKVILLE WEST.

No. 39.

Sir L. West to Mr. Bayard.

Washington, September 18, 1880. [Received Septonibor 20.]
Sir: I have the honor to inform you that I am requested by the Ei
of Iddesleigh to state to you that immediate inquiry will be made re)
ftarding the action of tlie ofBcer of the Canadian schooner E. F.CouradJ
in the case of the United States schooner Go'den Hind, whicli foriiie(l|
the subject of yonr note of tlie 17th ultimo.
I have, &c.,

L. S. 8ACKVILLE WEST.

No. 40.
Mr. Bayard to Sir L. West.

Department of State,

Washington, September 2Z,\9M.

Sir : I have the honor to bring to your attention an instance which
has been brought to my knowledge of an alleged denial of one of the
rights guaranteed by the convention of 1818, in the case of an American
vessel.

Capt. Joseph E. Graham, of the fishing schooner A. R. Crittenden,
of Gloucester, Mass., states under oath that on or about the 21st ol
July last, on a return trip from the open-sea fishing grounds to hisliome
port, and while passing through the Strait of Canso, he stopped at Steep]
Creek for water. The customs officer at that place told him tliat if ho
took in water his vessel would be seized ; whereupon he sailed witbont]
obtaining the needed supply, and was obliged to put his men onshoi
allowance of water during the ])assage homeward.

I have the honor to ask that Her Britannic Majesty's Govcrnineni
cause investigation to be made of the reported action of the customi
oflBcer at Steep Creek, and if the facts be as stated, that he be promptl;
rebuked for his unlawful and inhumane conduct in denying to a vessel ol
a friendly nation a general i)rivilege, which is not only held sacred
der the maritime law of natic ^s, but which is expressly conflrracd d
the fishermen of the United States throughout the Atlantic coasts ol
British North America by the first article of the convention of 1818.

It does not appear that the A. R. Crittenden suffered other damai
by this alleged inhospitable treatment, but reserving that point th(
incident affords an illustration of the vexatious spirit in which the ""
cers of the Dominion of Canada appear to seek to penalize and cppr
those fishing vessels of the United States, lawfully engaged in fisbin
which from any cause are brought within their reach.
I have, &c.,

T.F.BAYAED,

RIGHTS OP AMKRICAN riSHERMKN.

on i

No. 41.

Sir L. West to Mr. Bayard.

British Legation,
Washington, September 25, 1886. [Itccoivod September 27.]

Sib: I have the honor to acknowledjj'i the receipt '^f your note of the

^M instaut requesting that investigation should bo nnido of the re-

orteil action of the customs oflicer at Steep Creek, in the Straits of

I'linso, in threatening the United States lisliing schooner Crittenden

iritli seizure if she took in water, and to inform you tliat 1 have ailvised

]cr Majesty's Government accordingly. .

I liave, &c.,

L. S. SACKVILLE WEST.

No. 42.

Sir L. West to Mr. Bayard.

Washington, October 12, "880. [Received October 13.]
Sir : Witli reference to your note of the 11th June relative to certain
iFariiiujjs alleged to have been given to United Stat(!S fishing vessels
by tlie Bubcollector of customs at Cans« . I have the honor to inclose to
ion herewith by instruction from the Earl of Iddesleigh an extract
Juiiuin approved report of the Canadian privy council dealing with this
Question.

1 have, &c.,

L. S. SACKVILLE WEST.

[Inolosuro.]

Jrlwct from a certified copy of a report of a committee of the honorable the privy council
; apftored by his excellency tlie adminiatrator of the Government in council on the IGth

August, 1H«6.

Tlie committee of the privy council liavo had nnder consideration a dispatch dated
|JJiily, 1886, from tlie secretary of «tate for the colonies in which ho asks for a re-
wrt from the Canadian Government on the subject of an inclosed note from Mr.
iecretary Bayard to the British minister at Washington relating to certain warnings
illfged to have been given to United States fishing vessels by the subcolicctor of
mioms at Canso.

Mr. Bayanl states :

First, Tliat the masters of the four American fishing vessels of Gloucester, Mass.,
NarthaC. Bradley, Rattler, Eliza Boynton, and Pioneei-, have severally reported to
lie couBul-general at Halifax, that the subcolicctor of customs at Canso had warned
tern to keep outside an imaginary line drawn from a point three miles outside Canso
leadtoapoint three miles outside St. Esprit on the Cape Breton coast,
^cond. That the same m.'isters also report that they were warned against going
Mi'le an imaginary line Irawn from a point throe miles outside North Capo, in Prince

award Island, to a point three miles oat«ido East Point on the same island.

Tiiird. That the same authority informed the masters of the votsels referred to that
m would not be permitted to enter Bay Chaleur.

I Tiie minister of marine and fisheries, to whom the dispatch and inclosures were re-
fffed, observes that the instructions issued to collectors of customs authorized them
"lertain castis to furnish United States fishing vessels with a copy of the circular
Nto attached, and which constitutes the only official " warning" collectors of ens-

332

RIOHTS Ol' AM

.AN F18I1KRMEN.

toiHH arc ompowcr«<l toKivo. It wan to bo ])i'OHiiiiicd tliut tlu> Hubcolkctorof tm,!
toiuH at CuiiHo, an all othor colloctorM, would carefully follow out tbo iiistnictioniyl
received, aud tliat tberefore no caHO Huob as that alleged by Mr. Bocrutaryltayitl
would bo likely to arlHO. "]

The minister states, however, ho soon as the dis])atch above referred to WMt«.|
oeived he scut to the subcoUector at CaoHO a eopy of the allcgatiouH, uik! renne«t(j|
an iaiinediato reply thereto. I

The Hubcollector, in answer, emphatically denies that be lias ordered niiyAiiicH-l
can vessel out of any harbor in his district or elHcwliere, or that ho did aiivtliimrisl
the way »if warning, except to deliver copies of the ofllciul circular above ftiiii(i((fi„ I
and states that be boarded no United Htatcs vessel other than the Annie .Ionian auj I
the Uereward. and that neitlu<r the Martha V. Dradley, Katti r, orrioneer, nKiiuq.f
cester, have, uuriuK this season, reported at bis port of entry, lie, witli tM|i'iul(lia,.l
noss, denies that be has warned any United States lishinx vessels to kee|Kiiitsiii,.|)|J
line drawn from Caj > North to East Point, alluded to by Mr. Secretary lljijariul
that they ^vould not be perioitted to enter Hay des Chaleiirs. ' I

Tbo minister bas every reason to believe the statements made by the Hiibtoliccloil
at Canso, and, taking into consideration all the circumstances of the ciho, iHdrtbl
opinion that the information which has rea&bed the Secretary of State does iKitrrii;!
npon a trustworthy basis. |

With reference to tlio concluding portion of Mr. Bai»'ard's note, Uw niiniHier olj
serves that tbo occasion of tbo present dispatch, which bas to deal niuiniy wiiJ
(luestions of fact, does not render it necessary for iiim to enter npon any I(mi;{|Lcdiii|
(liscnssion of the qin>stion of headland limits.

No. 43.

Sir L. Went to Mr. Bayard,

WASHr-'iTON, Octoher 12, 188G. [lieceived October 13.)
Sib : With refer to your notes of tJie 10th of July la.st protesting
against the action « Canadian authoritie.s with regard to tho United|

States vessel Novelty, and tho action of tho Canadian cruiser Middle'
ton, in preventing United States boats from, visiting St. Andrews, Xew|
Brunswick, for the purpose of there purcliasing herring for canuinj,!
have the honor to inclose to you herewith by instruction from the Earl
of Iddesleigh a copy of a certified report of tho Canadian privy councilj
dealing with both questions.
I h.ave, &c.,

L. S. SACKVILLB WEST.

U,fci,

[IncloBOTo "So, 1,]

Certified copy of a report of a committee of the honoralle, the privi/ council for Cwdi^
approved by his cxcellenc^y the adminiatraior oj the Government on the 20/A Juguit, """

Tho committee of the privy council have had under consideration the disiiatcl
dated 29th July last, from Her Majesty's secret^.ry of state for the colonies, ncl»
ing two notes from Mr. Secretary Bayard to tho British minister at Wasliingtua, aw
asking that Her Majesty's Government be furnished with a report upon the cm
therein referred to. .

The committee respectfully submit the annexed report from the minister of mariw
and fisheries, to whom the said dispatch and its inclosures were submitted, ami then
advise that your excellency be moved to transmit a copy thereof, if approved, to Her
Majesty's principal sei-rotary of state for the colonies.

JOHN J. McGEE,
Clerk, Privy Cmincil for Cantk i

ft...:.

KIOHTS OV AMKKICAN FISHERMEN.

333

|Iiiclu«ure No. I.]

Dkpabtmknt oit Fishkhikb,

Ottawa, Auguat 14, 1880.

||ioiiiiilt'i>i;;«i'(l liiiH Mio lioiior to Hiibiuit tho fullowiii(; in aimwcr to a diHpntch

tfroiii I'Oi'l (ii'iiiivilld to tliii Kovcivii)r-K**ii(-rul iiiuler date 2<Jth July liutt ii cloHing two

liioli'H I'riini Mr. Srcrotiuy Itayunl to tho liritioh niiniHtor ut WaHhiugton, and UHkiug

[that llir Miiji'Hty'H UovDinincut bts furiiiHlied with a report upon tho casoH therein re-

IfiTri'il to.
In l)i» lii'«* coinimuiicatioii, dated July 10, Mr. Jiayard wwh :

"IhiivH tli<' lioMor to inform yoii that I am in ri^ceipt of u report from tho couhuI-
Ipmnil of tlin lliiitt-d HtatcH at Halifax, accompanied by Hworn tohtiuiony stating that
Itlie Novelty, a (liiiy-r('jL;iHt(ircd merchant Hteam vessel of tho United States, has been
IdaiL'il tiio rij;bt to take in steam coal, or purchase ice, or trans-ship iish in bond to tho
llnitod Slates, at Pictou, Nova Scsotia,

"Itii|ipfiir»tliat haviuf; reached that jiort on tho 1st instant, and finding tho cus-
Jtoni.s office dost'd on account of a holiday, tho master of the Novelty telegraphed to the
iDiini.Hter of niariiie and fisheries at Ottawa, asking if he would lio permitted to do
Ijiiviil'tho tbreo things menti<Micd above. That he received in reply a telegram re-
Ititiiij,', with ccrtiiin inaccurate and extended application, the language of Article I of
Itbe treaty of 1818, tho limitations ujton tho significance of which are im])ending dis-
^imion between the Government of tho United States and that of Her Britaunio
liijosty. Tliat on en tering and clearing the Novelty on the folio wing day at the custom-
1inii,st',tlio collector stated that his instructions wero contained iu the telegram tho
[rijstiT Imd received, and that the pr;-llego of coaling being denied, the Novelty
((imiielled to leave I'ictou without being allowed to obtain fuel necessary for her
{l, villi voyage on a dangerous coast.

■A;:ain8t this treatment I make instaut and formal protest as an unwarranted in-
[ttr|iritiition and application of tho treaty by the officers of tho Dominion of Canada
laiiil tlie Province of Nova Scotia, as an infraction of the the laws of commei^cial and
luiariliino intercourse existing between tho two countries, and as a violation of hospi-
ItiiLtv, ami for any loss or injury resulting therefrom the Government of Her Itritan-
Jiiic Miijc ty would bo held liable."

With ..;feron> to this the undersigned hegs to observe that Mr. Bayard's state-
luK'iit iippearH t need modification iu several important particulars.

Ill the first ilace, tho Novelty was not a vessel regularly trading hetweon certain

hmrtsin the United. States ami C-'-nada, but was a fishing vessel whose purpose was

Rdiairy on the uuickerol-seining business in the waters of the Gulf of St. Lawrence,

^rmiiul tho coasts of Prince Edward Island and Nova Scotia ; that she had on board a

li'ijiiipinuiit of seines and fishing apparatus and men; that she was a steam vessel

liiiedeilcoal, not for the ptirposes of cooking or warming, but to produce motive

bowiT for the vessel, and that she wished to pursue her business of fishing in the

^liovciiaiue'l waters and to send her fares homo over Canadian territory, to tho end

lint she iiiijjht the more uninterruptedly and profitably carry on her business of

;. That she was a fishing vessel and not a merchant vessel was proved not

fciily liy the facts above mentioned, but also from a telegram over the signature of H.

pi. .loyce, the captain of tho vessel, a coiiv of which is appended. In his telegram

l;i|ii;iin Joyce indicates the character of his vessel by using the words " American

>irMi;' si earner," and he signs himself "II. B. Joyce, master fishing steamer Novelty."

Tliire seeiiis no doubt, therefore, that tho Novelty was in character and in purpose

I llshliij; vessel, and as such comes under the provisions of the treaty of 1818, wnich

lliiws i'liited States fishing vessels to enter Canadian ports " for tho purpose of

liieltcT and reiiuiring dauiaj;es therein, and of purchasing wood and of obtaining

t.ittr, and for no other purpose whatever."

Thoohject of the captain was to obtain supplies for the prosecution of his fishing
Imltotians-shi]) his cargoes of fish at a Canadian port, both of which are contrary to
|li(' Ititer and spirit of the convention of 1818.

I To Mr. Bayard's statement that, in reply to Captain Joyce's inquiry of the minister
Ifniaiiiieand tishcries, "he received iu reply a telegram reciting, with certain inaccn-
ptt anil extended application, tho language of Article I of tho treaty of 1818," the
pdirsigued considers it a suihcieut answer to adduce tho telegrams themselves.

1. — Inquiry by the captain of the Novelty.

,„ „ "Pictou, N. S., July 1, 1886.

[Hon. GKonoK E. Fosteu,

'' Minister of Marine and Fiaheriea, Ottawa:
rWill the American fishing steamer now at Pictou be permitted to xinrchaso coal or
feot to liaus-ship fresh fish iu bond to United States markets !
[ i^leaso answer.

" H. B. JOYCE,
" Master of FUhing Steamer Novelty."

334

RIGHTS OF AMEUIOAN FISHEKMEN.

mm-

2. — Reply of the MinlnUr of Marine and Fwheriea thereto,

" Ottawa, July 1, isec,

"To II. n. JOYCK,

"Manter Antericnn Fishing Steamer Xovcllij, Picloti, X. S. :
" Hy toruis of treaty, 1818, United Status fishiiifj vossolsaro permitted to enter Cant I
diaii ports for shelter, repairs, wood, aud water, and for no other purpose whakvet,
That treaty is now in force. ' I

" GEORGE E. FOSTER,
"MiniHtti' of Marine and FiHhma.''

The undersigned Jails to obsorvo wherein any "inaccurate or extended aiipljcation'
of the hinnuajLTC of the treaty can be found in the above answer, masnuicji asitcoi.
sists of a defacio citation from the treaty itself, witii the added statement, for the in.
foruiatiiin of the ca[)taiii, that b.iid treaty was at that timo in force.

As to the "unwarranted interpretation and application of the treaty," of v-|iich
Mr. Bayard H])eaks, the undcrHigned has already discussed that phase of tho ((iiestw i
in his memorandum of June 14, which was .adopted by council aud has boon forwards
to Her Majesty's G',;verunient.

Mr. Bayard's second note is as follows:

"On the 2nd of June last I had the honor to inform you that dispatches from East-
port, in Maine, had boon received roi)orting threats by the customs offlci.il.s of tbe
Dominion to seize American 1)oats coming into those waters to i)urchase herring from I
the Canadian weirs for the purpose of canning the same as sardines, which wonldb«
a manifest infraction of the right of purchase and sale of herring ciught and soldbj |
Canadians in their own waters in the pursuance of legitimate trade.

"'!'.) this note I Jiave not had the honor of a reply.

"'i'o-day Mr. C. A. Boutelle, M. C, from Maine, informs me that American boats |
visiting St. Andrews, N. B., for the purj)ose of there purchasing herring from the [
Canadian woira for canning had been driven away bv the Dominiou crniiierMid
dlet')n.

"Such inhibition of usual and legitimate commercial contracts aud intercourse is I
assuredly A'-Jthout warrant of law, and I draw your attention to it in order that tlie
comnuTcial rights of the citizens of the United States may not bo thus iuraded and ]
subjected to unfriendly discriniinatiou."

With reference to the above, the undersigned observes that so far as his infornij- ]
tion goes no collector of customs or ciiptaiiis of cruisers have threatened to"3ei»
American bo.ats coming into Canadian wiiters to ])urcha8e herring from Canadian j
weirs for the purpose of canning tlnsm as sardines."

Colhsctors of customs have, however, in pursuance of their duties under the cus-
toms law of Canada, compelled AmcM'ican vessels coming to purchase herring totuttr j
and clear iri conformity to customs law.

With reference to the action of the Dominion cruiser Middletou, the undeisijjiiHl i
cannot do better than <(iu>to from the olficial report of the captain of that vessel as |
to the facts of the case n^ferred to.

In liis report of date 9th July, 1886, Captain McLean, of the General Middlelon,
says :

"At 9 a. m. made sail and drifted with the tide towards tln^ bay. Seeing a hirjo I
number of boats of various sizes hovering around the (isbiiig >veirs, I ordered tlie j
boat in waiting a'ld sent Ollieer Kent in charge, giving him instriictious to row down
among the boats and see if there were any Americans purchasing lish. On tlioretura j
of the boat Chief Ollieer Kent reported the boats mentioned were Americans, there j
for the jmrposo of getting herring. I immediately direcsted the chief olliccr to «■
turn and order the American boats to at once* report themselves to the collector of tiic j
port and ;,et permits to load lish or leave without further delay. Oiui of llic Iwal-
n\en coin])li(!d with the reiptest, aiul obtained a ]ierniit to loiid iish for Kasiport.
The others were very niiicli disturbed on receiving the above instructions, and sailed j
awiiy t-owanl the American side of tlio river and conmu'uced blowing tlu'ir fog-horn», i
showing their contempt. Othei boats, at a greater distance, seeding otn- boat aiiproath-
ing, did not waitlujr arrival, but up sail and left for the Americtan shore.''

The .above extract from the report of the chief ollioer of the Geiieral Middleton, goes
to show that it was not his obje(;t to previnit Aimnican boats from trading in sardines,
but rather to i)reveut tht^iu from tra«ling without having first conformed to the customs
law of Canada.

The whole respectfully submitted.

GEORGE E. FOSTEK,
Mmister of Marine and Fisherlt»-

RIGHTS OF AMERICAN FISHERMEN. 335

No. 44.

Mr. Bayard to iSir L. West.

Department of State,
Washirtoton, Octoher 19, 1886.

Sie: Tlio Everett Steele, a fisliing vessei of Gloucester, Mass., iu the

(rnited States, of which Charles ]<1. Forbes, an American citizen, was

jniastiT, was about to t liter, on the 10th of Septi iber, 1886, tlio harbor

lot Shclburne, Nova Scotia, to procure water and for shelter during re-

Ipairs. She was hailed, when entering the harbor, by the Canadian

[ciittor Terror, by whose captain, Quigley, lier papers were taken and

Irefaiiieil. Caj)tain Forbes, on arriving off the town, anchored and went

IwitliCaittaMi Quigley to the custom-house, who asked him whether ho

[reportod whenever ho had come in. Captain Forbes answered that he

hiul reported always, with the evception of a visit on the 25th of March,

Jwlieii lie was driven into the lower harbor for shelter by a storm and

vliere ho remained only eight hours. The collector did not consider

Itliat this made the vessel liable, but Captain Quigley refused to dis-

|charge her; said he would keep her until he heard from Ottawa, put

btriii charge of policemen, and detained her until the next day, when

8tnoou she was discharged by the collector ; but a calm having come

on she could not get to sea, and by the delay her bait was spoiled and

|ihe expected profits of her trip lost.

It is scarcely necessary for me to remind you, in presenting this case
jtotlie consideration of your government, that when the northeastern
oast of America was wrested from France in a large measure by the
raloraiid enterprise of New England flshermen, they enjoyed, in con)-
BOii with other British subjects, the control of -the fisheries with which
[that coast was enriched, and that by the treaty of peace of 178.'}, which,
as was said by au eminent English judge when treating an analogous
question, was a treaty of " separjition," this right was expressly af-
firmed.

It is true that by the treaty of 1818, the United States renounced a
|)ortion of its rights in these fisheries, retaining, however, the old ])re-
pgatives of visiting the bays and harbors of the British northeastern
possessions for the purpose of obtaining wood, water, and shelter, and
for objects incidental to those other rights of territoriality so retained
Biid eoidiriiicd. What is the nature of these incidental ]>rerogatives, it
|snot, iu considering this case, necessary to discuss. It is enough to
lay that Captain Forbes entered the harbor of Shclburne to obtain shel-
pr and water, and that he had as much right to be there under the
paty of 1SI8, confirming in this respect the ancient privileges of Ameri-
pijlshennen on those coasts, as he would have had on tlie high seas,
pryiiig on, under shelter of the flag of the United States, legitimate
piiiiiierce. The Government which you so honorably represent has,
pitii its Msual candor and magnanimity, conceded that when a merchant
pssel of the United States is stopped in time of peace by a British
piser on the groundless suspicion of being a slave trader, damages
|re to be paid to this Government not merely to redress the injury suf-
pred, but as an apology for tiie insult offered to the flag of the United
T'ates. P,ut the case now presented to you is a much stronger one than
iiatof a seizure on the high seas of a ship unjustly suspected of being
'slayer. When a vessel is seized ou the high seas on such a suspicion,

'seizure is not on waters where it«J rights, based on prior and con-

33G

RIGll'lJJ OF AMEUICAN PISIIEKMEN.

^--1

lilt: . 5

tinuous owuersliip, arc guaranteed by tliesovereijiii iiiakin{>; the seizure
If in such case the property of the owners is injured, it it,, liowcverj
wrongful the act, a case of rare occurrence, ou seas comparatively m.
frequented, with consequences not very far reaching; and if a blow is
struck at a system of which sucli vessel is unjustly supposed to be a i
part, such system is one which the civilized world execrates. Butseiz.
ures of the character of that which I now pi-esent to you have no such
features. They are made in waters not only conquered and owned bv !
American iisherinen, but for the \ery purpose for which they Averebc-
ing used by Captain Forbes, guaranteed to them by two successive !
treaties between the United States aud Great Britain.

These flshermen also, I may be permitted to remind you, were en-
gaged in no nefarious trade. They i)ursue one of the most useful and I
meritorious of industries. They gather from the seas, without detri-
ment to others, a food which is nutritious and cheap, for the use of an
immense population. They belong to a stock of men which contributed
before the Eevolution most essentially to British victories on the Xortii- 1
eastern Atlantic, and it may not bo out of place to say they have shown
since that Kevolution, when serving in the Navy of the United States, I
that they have lost none of their ancient valor, hardihood, and devotion j
to their flag.

The indemnity which the United States has claimed, and which Great i
Britain has conceded, for the visitation and search of isolated mer-
chantmen seized on remote African seas on unfounded suspicion of being
slavers, it cannot do otherwise now than clt.ini, with a gravity which
the imi)ortance of the issue demands, for its flshermen seized on waters
in which they have as much right to traverse for shelter as have the
vessels by which they are molested. This shelter, it is important to
observe, they will as a class be debarred from if annoyances such as ij
now submit to j'ou are permitted to be inflicted on them by minor offi-
cials of the British Provinces.

Fishermen, as you are aware, have been considered, from the useful
ness of their occupation, from their simplicitv, from the perils to which
they are exposed, and from the small quantity of provisions and pro
tective implements they are able to carry with them, the wards of civil-
ized nations; and it is one of the peculiar glories of Great Britain that i
she has taken the ])osition — a position now generally acce[»tod— that
even in time of war they are not to be the subjects of capture by hostile |
cruisers. Yet, in defiance of this immunity thus generously awaixh
by humanity and the laws of nations, the very shelter whu;h they own I
in these seas, and which is ratified to them by two successive treatiei*,
is to be denied to them, not, I am confident, by the act of the wise,
humane, and niagnAnimons Government you represent, but by deimtifi
of deputies permitted to pursue, not u-iinfluenced by local rivalry, these
methods of annoyance in fishing waters which our fisheruu'u liaveiw
much right to visit on lawful errands as those otticials have thcnisdves.
For let it be renuMnbered that by annoyances and expulsions sii('hiis|
these the door of shelter is shut to American fishermen as a cla.ss.

If a single refusal of that shelter, such as the present, is sustaim
it is a refusal of shelter to all fishermen pursuing their tasks on those j
inhospitable coasts. Fishermen have not fundsenough noroutlitenoujjli,
nor, 1 may add, recklessness enough to jnit ihto harbors where, poiicctl
as is their title, they meet with such treatment as that suttered byCaj)-
tain Forbes.

To sanction such treatment, therefore, is to sanction the refnsalto
the United States fishermen as( ^> body of that shelter to. which tbej are

RIGHTS OF AMERICAN FISHERMEN.

337

iciilitletl by anciont right, by the hiw of nations, iind by' solemn treaty.
hOris this all. That treaty is a part of a system of mutual coiicessions.
1 \s\viKS stated by a most eminent English jndge in the case of Sutton
r, Sutton (1 IMyi. & li-, 075), whi^di 1 have already noticed, it was the
{liiiiicii>le of tlie treaty of ])eace, and of the treaties which followed be-
[twieii Great JJrilain and the United States, that the "subjects of the
I two parts of the divided Empire should, notwithstanding the separation,
\])i' jirotectod in the mutual enjoyment" of the right? those treaties af-
iliniied. If, as I cannot permit myself to believe, Great Britain shoulil
[refuse to citizens of the United States the enjoyment of the plainest

1 uiost undeniable of these rights, the consequences would be so
Jgerious tliat they canuotbe contemplated by this Government but with

! gravest concern.
I have, &c.,

T. F. BATAEB.

No. 45.

Mr. Bayard to Sir L. West.

Department of State,

Washington, October 20, 1886.
Sib: Permit me to ask you to draw the attention of your Govern-
ritiit to the case set forth in the inclosed aflQdavit of Murdock Kemi),
lastor of the American fishing vessel Pearl Nelson, of Provincetown,
Mass., wliicli lias been subjected to treatment, by the customs officials
Aiicliat, Nova Scotia, inconsistent with the international law of ordi-
nary amity and hospitality, and also i)lainly violative of treaty rights
iiiuk'rtlie convention of 1818 between Great Britain and the United
liiates.

The vessel in question was compelled by stress of weather to seek
^lielter iu the harbor of Arichat, Nova Scotia, and arrived late at night,
nlien the ci.stom-house was closed.

liefoie tlie custom-house was oi)ened the next day tho captain went
t\w\\\ and after waitiii over an hour the collector arrived, and the
lisiial inward report was made and permission asked to laud the clothing
f a sailor lost overboard, whose family resided in that vicinity.
lie was then informed tluit his vessel was seized for allowing his crew
|[« iro ashore the night before before reporting at the custom-house.
The cruel irony of this was api)arent when i collector knew such
it was impossible, and that the landing of the crew was usual and
^tistoniary, and that no charge of smuggling had been suggested or was
ossibie under the circumstances.
Tu compel the payment of a fine, or " a deposit" of $1200, which is
[raclically the same in its results, was harsh and unwarranted, and was
Mill;; a juieo and a penalty to the privilege of shelter guaranteed to
Miioricau fishermen by treaty.

Tliis vessel was a fishing vessel, and, (vlthough seeking to exercise no
«iuinercial privileges, was compelled to pay commercial fe68, such as
iroaiti)licable to trading vessels, but at the same time was not allowed
'niniiicrcial jiriviloges.

beg you will lose no time in representing tho wrong iufllicted upon
liiuiuttlending citizen of tho United States, and procure the adoption of
m\ order;, as will restore the wouey so compelled to be depositeil.
I lim, sir, &c.,

- . T. F. BAYARD.

S. Ex. 113 23

338

RIGHTS OF AMERICAN FISHERMEN.

[Tudosurc]
Schooner I'earl Nelson.

Hint

Unitkd States of Amkuica,

JJintrict of Mamachusctts :

I, Mnrdock Kemp, of Provincetown, in MasRacliiiHotts, a citizen of tlio United f..,
on my oath do say that I was uianter and part owner of tlie Bchooner rearl Neiiw 1

a vcssid of the United States duly licensed , IBr'li, for the fisherieH, and holdiuij

a permit to touch and trade durlnjj the existence of said license. I

I further say that the crew of said vchrcI were shipiicd on wages at Provincotoirii I
and Boston for a fishing voyage to the Grand JJaiiks and return to Provincetown for I
discharge. Said schooner, with liceuHO and i)ermit as aforesaid, sailed May Sit), 18* I
from Provincetown, and on her passage home touched at Aricliat, Cape Urcton, driven
ill there by stress of weather. Sailed by the wind from IJank Qucro, and lilowint
fresh, a heavy sea running, and foggy, made Point ilicluiux, !) miles from AricLat, I
The vessel was deep; her dorys floated on deck in her le<5 waist, wind being almnil
west. I concluded to make a harbor ami wait for better weather and wind, hn-
clu)red the vt^ssel in Arichat Harbor at 11 p. m , September?, Iri8ti. I had IdstaniaBl
on the Grand Banks, named James Sampson, who l)clonged to Arichat, and I Aviintdl
to land his effects if the customs ofliccrs would allow me to. Some of my crew !)«. I
h>ngcd in that neighborhood. William Babins, my cook, and nine others ofthecrei I
took boats off the deck and went ashiu'o without asking my ])ermissioii. I Hii\vtiiein,|
but had nev(!r known there was any objection. I had been in this and other Kritish I
North American ports frequently and witnessed the lamling from my own anddihftl
vessels' crews, but never before heard such Ian !ig was ilh'g.'il or improjier. Tiies*!
men took nothing from ihe vessel with tliem, nor carried away anything but the I
clothes they wore.

From the time I left Provincetown I had been into no port anywhere. Nextmornj
iug after my arrival in Arichat, at H^ o'clock, 1 went ashore to enter at theciwtOTJ
lionse, and found it closed. I called at i) o'clock and it was not optsn. I weutagaini
at 10 o'clock a mI found the collector opening the oflice door. I made the regjiarin-j
ward report to him and requested permission to land the clothes of .James Sauipiidiiil
who had been lost froin my vessel on the Grand Banks. He told me he liadheiit»|
man for me. AftiT I got there this nnin came in. The officer was holding niypapcnf
and told the man to go back and take charge of the vessel. I asked him why bet
illy papers ; In) replied he seized her because I had allowed my men to go asliore beforel
reporting at the custom-house; that all he would tell me was he said ho woidiltdfl
graph to Ottawa and iind out what to do with me ; a'ld he did telegraph iHinieiliatflj.j
About 5 o'clock p. m. the collector received an answer, and told mi^ todeiKicitj
and the vessel would be released. The collector wonhl not allow nus to land thisdeadl
man's clothes nutil after I had paid the $200 fine. T gave the clothes tothesbopJ
keeper to give to Sampson's widow or friends. 1 came out of Arichat iihont 11 a.iii.|
on the 8tn of September, 188(5, having bought there one bushel of potatoes with tli«|
collector's permission, ami arrived at Provincetown Sejttember 14, 188(i. 1 sailed freml
Arichat with all my crow on board, and bad not at any tinu^ intended to leave anyo
my crew at that port. They were hired men, shipixMt to be discharged on rctnriial|
Provincetown, and on our arrival there were all paid off ami discharged.

Some of the crew that went ashore at Arichat returned aboard nsearly as 7 iiTlockl
and all were aboard about the time the vessel was seized. I g.'ive them no iiiowyl
thci'e and had none myself. I further say 1 did not <Miter Arichat with iniy iiiteiitiosi
of violating any law of the Dominion of Canadn, nor for any biisinesN, bnt w)l('lyi»-l
cause of the stress of weather that had drivcMi me there. It was mere kindnessonljl
that prompted me to olfcr to land Sami)son's clothes there where Ids IriendM ('oulilgfli
them. There was no profit to the vessel, crew, or myself expected in so ddini;, oral-I
tempted to be g.ained in eutoiing the port of Archat other than shelter frotu tboBtresj
of weather wo had been under from Quero B.iuk. If any revenue law of Canada will
violated by my vessel or by myself, the same was done through ignorance and iiJiiii-|
verteuce and not with any intention to defraud the revenue or offenil the laws.

MUKUOCK KEJir.

Personally appeared before me Mnrdock Kemp, at Provincetown, State of M.waachaj
setts, U. S. A., this 27th day of September, 188G, who subscribed and made oath to ;
foregoing.

[SEAL.] JAMPS GIFFORD,

Notary I'lim'

?'«#?! IK

EIGHTS OF AMERICAN FISHERMEN.
No. 40.

339

Sir L. West to Mr. Bayard.

Washington, October 21, 1880. [Received October 22.]
Sir: Iliavo the honor to acknowledge the receipt of your notes of
aiel'Jth ami 20th instant, ret^uesting mo to draw tlio attention of Her
lliiiesty's Government to the proceedings of the Canadian authorities
Ml the cases of the United States fishing vessels Everett Steele and
Mrl Nelson, and to inform you that I have lose no time in comma-
feting copies of those documents to the Earl of Iddesleigh.
I have, &c.,

L. S. SACKVILLE WEST.

No. 47.

Mr. Bayard to Sir L, West.

Department of State,

Washington, October 27, 1880.

SiE: I inclose copies of two letters received at this Department from
&eorge Steele, president of the American Fishery Union at Gloucester,
im.

The object of tliese letters is to obtain authentic information of the
iliniuistration of Canadian laws regulating the sale and exportation of
n\\ herring from Grand Manan Island and its vicinity, a trade which,
|ie writer avers, has been carried on almost exclusively in American
vssels for many years.

liy the statements of the letter of Mr. Steele dated October 25, it
bears that although the vessels employed in this trade are duly reg-
pred in their home port as flsliing vessels, yet that so far as the pro-
osed trade is concerned, they are not manned nor equipped, nor in any
^ay prepared for taking flsh, but their use is confined to the carriage

tisli as merchandise to ports in the United States, a commercial
riuisactioii jtur et simple.

May I ask the favor of an early response to the inquiries propounded

: Mr. Steele?
I have, &c.,

T. F. BAYAED.

[InclusureR. ]

[Copy of letter from George Steele, Oetober 18, 1886.
[t'opy of letter from (Jeorjje Steele, Oetober 25, 1886.
|(For inclosiucH see Nos. 107 uud 109, p. — .)

No. 48.

Sir L. West to Mr. Bayard.

WASHiNftTON, November 1, 1880. [Received November. 2]
ISiR: With reference to your note of the 9th of August last, respect-
I? the treatment of the United States fishing boat Rattler by th^

340

RIGHTS OP AMERICAN FISHERMEN.

Canadian autbuiitjes, I have tlio honor to inclose to you herewith iji
obedience to the instructions of the Earl of Iddesleipfh, copy of a dig.
patch from the administrator of the Government of Canada together i
with copy of the report of the collector of customs at Shelburne.
1 have, &c.,

L. S. SACKVILLE WEST.

[InclosureNo. 1.]

Halifax, Nova Scotia, Seplcmbcr 21, 1886,
Sm: I have the honor to inclose horewith a ccrllflod copy of a inimiio of my privy j
council embodying a report of the minister of customs iu relation to tlui alleged inJ. '
Itroper treatment of the United States lisliing schooner Rattler in being required I
to report to the collector of cnstouis at Shelburne, Nova Scotia, when seekiug that
harbor for shelter.

The reply of the collector to the inquiries addressed to him iu respect to this matter
is appended to the minister's report, and in ii the facts of the case as set furtli in mv j
telegram of the 14th instant, are given.

I have communicated your dispatch No. 11)5 of the 1st iiist. forwarding Mr. Baviird's
protest concerning this case to my ministers and rctfuested to be fiiiiiislicdwjtlu
report thereon, which I shall forward for your iulorniation as soon as it has beciiro- 1
ceived.

I have, &c.,

A. G. RUSSELL,
' General

llnclosure Ko. 2.]

CuSTOM-HousE, Shelhurne, SeiHemler C, \m.
Sir: I have to acknowledge receipt of your telegram of 4th instant, relative tu I
schooner Rattler, and I wired an answer this morning, as requested on tlio morniiji;
of the 4th ultimo. Chief officer of Terror, accompanied by Capt. A. F. CiitiDiiij;- 1
ham, called at this office. Captain Cunningham reported his vessel inwards as fol-
lows, viz : Schooner Rattler of Gloucester, 93 tons register ; 16 men from iisliin;;
bank, with 465 barrels mackerel came iu for shelter. I was afterwards informed by [
the ofiSccrs of cutter that they found the schooner the evening before at anchor oif j
Sandy Point, 5 miles down the harbor, two men from cutter were put on board, a
the master required to report at customs in the morning. I was also infoiaied that I
the master. Captain Cunningham, made an attempt to put to sea in the iiight, by I
hoisting sails, weighing anchor, &,c., hut was stopped by officers from cutter.

I am, &.C.

The Commissioner of Customs, Ottawa.

W. W. ATTWOOD, ColMor.

No. 49.

Sir L. West to Mr. Bayard.

Washington, November 9, 188G. [Received November 10.]
Sm: With reference to your note of the IGth of July lastprotestiu?!
against the action of Captain Kent of the Canadian cruisoi' General |
Middleton in exp'elling Stephen R. Balkam from the harbor of St. An-
drews, New Brunswick, I have the honor to communicate to you here-
with, in accordance with the insJ^ructions of the Earl of Iddesleigb,att
in reply to your above-mentioned note, copy of a certified report of tl
privy council for Canada upon the subject.
I Layc, ^c.

' L. S. SACKVILI^E WEST,

niGHTS OP AMERICAN PISnERMEN.

341

[Inclosnro.]

Certified copy of a report of a committee of the honorable the privy council for Canada,
avproved ly his excellency the administrator of the Government in council on the 2l»t

September, 188C.

The committee of the privy coiincP liavo bad uudor tbeir cousUlcratiou a dispatch
ilated r)tb Anjiust, 1886, from tlie riglifc honorable tiio secretary of state for the col-
iiiiies tranHinittiug a copy of a letter from the foreij^n oflice with a copy of a note
Iriim Mr. Bayard, and protesting against the action of Captain Kent, of the Doiuin-
iiiiKTiiiscr General Middleton, in refusing Stephen A. Balkam permission to bny fish
I'riim Canadians.

Tbe minister of marine and fisberies, to whom the dispatch and inciosnres were
referred, submits the following report from the first officer of tho General Middle-
lou;

" Halifax, August 25, 18BC.

"ILavo tho honor to state that when boarding several boats in St. Andrews Bay I
asked Stoplion li. Balkam if the boat he was in was American. He replied that ho
thnii<;lit siiu was. I informed him that if she was American ho could not take fish
fioin tlie weirs on the English side without a permit from the collector of customs at
St. Andrews or West Isles.

"He askod permission to take the fish from the weirs in Kelly's Covo without a per-
mit. I declined to accede to his request.

"Mr. Balkam wont aronnd the point iuhisboat, and, after accosting several others,
I met liim a4;ain, evidently trying to evade my instructions. I told him that he must
not take the fish without permission from the customs. He left for tho American
sbnro and I returned to the Middleton.

'Mr. Stephen K. Balkam I have known for some years. He formerly belonged to
Sf. AiulrewH, but is now living in Eastport. His business is to carry sardines from
I the English side to Eastport for canning purposes."

Tlie minister is of opinion, in view of the above, that in warning Mr. Balkam that
if his boat belonged to tho United States he could not take herring from the weirs
wilhBut iirst having reported at the custom-house, Mr. Kent acted within the scope
(if tbe law and his instructions.

Tiio committee respectfully advise that yotir excellency bo moved to transmit a copy
i of this minute to tho right honorable the secretary of state for the colonies, as re-
; qnosted in bis dispatch of tho 5th August last.

JOHN J. McGEE,
Cla% Piivy Council, Canada.

No. 50.

Mr. Bayard to Sir L. West.

Department of State,

Washingto7i, November 11, 1886.
Siu: Ihave tbo lionor to inclose herewith copies of the statements
I vitL affidavits from Ciipt. Medeo Rose, master of the schooner Laura
lijajward, of Gloucester, Mass., and of Capt. Joseph Tapper, master of
hftlic schooner Jeannio Seaverns, also of Gloucester, forwarded to me
liy tLe collector of the port of Gloucester, under date of 5th instant.
[ The first impressively describes the inhospitable and inhuman conduct
[of tbe collector of the port of Shelburne, Nova Scotia, in refusing to
iillow Captain Eose to buy sufiicient food for himself and crew to take
tlim home, besides unnecessarily retaining his papers, and thus pre-
veuting jiim, with a wholly inadequate supply of i)rovi8ions, from pro-
|cee(liii{.ou his voyage.

I The second complaint is of Captain Quiglej", commanding the Cana-
I Hiau cruiser Terror, in not only preventing Captain Tupper from laud-

342

RIGHTS OF AMERICAN FISHERMEN.

ing to visit liis relatives in Liverpool, Nova Scotia, but even forbiddimj
his relatives from coming ou board bis vessel to see him, and likewji^
placing a guard on board of her to insure that result.

While I need not comment further than I have already done in pre.
vious notes on the unjust and unwarrantable acts of the Boiuiuionof.
ficials of late towards our fishermen, of which the instances uowpre-
Bented are but repetitions, I must notice the new phase of Captain
Quigley's abuse of authority in actually making Captain Tuppera
prisoner on board of his own vessel, and in preventing his relatives,
whom he states he had not seen for many years, from meeting Lini.

Such conduct, apart from all its legal and international aspects ig
wholly unworthy of any one intrusted with the execution of a public
duty and inconsistent with the national reputation for humanity and
courtesy of an officer in Her Majesty's service.
1 have, &c.,

T. F. BAYARD.

I IlncloBitre Ko. 1.]

Mr. Presson to Mr. Bayard.

Gloucestkr, Mass., Colkctor'8 Office, November 5, 188C,
Sir: I transmit licrewitb.by request, aflidavitB of Capt. Medco Rose, of scboonetl
Laura Sayward, and Capt. Josepli Tnpper, ofscliooner Jeannie Seavenis, in relation
to their treatment by Canadian officials. I

I am, &o.,

D. S. PRESSON,

Collector.

iMASSACHUSEri

sT'

Inoloanre No. 2.1

Affidavit of Captain Rose, of the schooner Laura Sayward.

I, Medeo Rose, master of schooner Lanra Sayward, of Gloucester, being duly sworn,
do depose and say: That on Saturday, October 2d, being then on Western Bank on » I
iishing trip, and being short of provisions, wo hove up our anchor and started for home, I
The wind was blowing almost a gp.le from the northwest, and being almost dead- 1
ahead we made slow progress on our voyage homo. Ou Tuesday, October iSthjWe made I
Shelbume, Nova Scotia, and arrived in that harbor about 8 p. m. on that day, short I
of provisions, water, and oil to burn. On Wednesday I sailed for the inner liaiborof j
Shelburne. Arriving at the town about 4 p. m., on going ashore I found the custom- 1
house closed, and hunted np the collector and entered my vessel, and nuked permis- 1
Hion from him to buy 7 pounds sugar, 3 pounds coffee, one-half to 1 busbcl potatoes,!
and 2 pounds of butter, or lard or pork, and oil enough to last us home, and waste- j
fused. I stated to him my situation, short of provisions, and a voyage of 250 miles j
before me and plead with him for this slight privilege, but it was of no avail. Itiien j
visited the American consul and asked his nasi.stanco and found him powerless to aid]
me in this matter. The collector of customs held my papers until the next moniing,!
although I asked for them as soon as I found I could not buy any provisions, say atal j
an hour and a half after I entered, but he refused to give them to me until tiienext j
morning. Immediately on receiving my papers on liiursday morning, I started fori
liome, arriving on Sunday. I think the treatment I rocoived'liarHh and crnel,driviDgj
myself and crew to sea with a scant supply of provisions, wo having but little Homj
aiid water and liable to bo bnffoted about for days before reaching home.

MEDEO EOSE.

Massachusetts, Essex, ss :

October 13, 1880,

Personally appeared Med-^o Rose, and made oath to the truth of the above state- J
mont.

Before me.

[SBAl.] AARON PARSONS, If, P-

EIGHTS OF AMERICAN FISHERMEN.

343

[Inclosnro Ko. 3.]
Affidavit of Captain Tapper, of the achootit:' Jeannie Seaverni,

I Joseph Tupper, master of schooner Joaiuiie Seavorns, of Gloucester, Masa,, being
t ■ i' gvfoni, do depose and say : That on Thursday, October 28, while ou my passage
! L^jiip ffom a lishing trip, the wind blowing a gale from southeast, and a heavy sea run-
iiiiiif I was obliged to enter the harbor of Liverpool, Nova Scotia, for shelter. Im-
iiicdilitely on coming to anchor was boarded by Captain Quigley, of Canadian cruiser
Terror, who ordered me to go on shore at once and enter at the custom-house, to which
Irt'plii'd that such was my intention. Ho gave me ])ermissioa to take two men in the
boat witb uio, but they must remain in the boat and not stop on shore. I asked Cap-
tain Qiiiglo.V '^ ^ could, after entering, visit some of niy relatives who resided in Liv-
erpool, niid whom I had not seen for many years. This privilege he denied mo. After
enttrii'ig, having returned to my vessel, some of my relatives came off to see me.
Wten Captain Quigley saw their boat alongside of my vessel he sent an officer and
lioat's crew, who ordered them away, and at sundown ho placed an armed guard on
lioard our vos8ol,who remained on board all night, and was taken off just before wo
wiled in the morning.

1 fouiplied with the Canadian laws, and had no intention or desire to violiito thorn
iaiiiiv way; but to be made a imsoner on board my own vessel, and treated like a
I suspicions character, grates harshly upon the feelings of an American si^aman, and
I protest against such treatment, and respectfully ask from my own Government pro-
tection from such unjust, unfriendly, and arbitrary treatment.

JOSEPH TUPPER.

[Massachusetts, £'«8er, 88;

November 4, 1886.

Personally appeared Joseph Tupper, and made oath to the truth of the above state-

t nient,
Hef'ore me.
[sKAi,.] AARON PARSONS, N. P.

No. 51.
Sir L. West to Mr. Bayard.

British Legation,
Washington, November 1^, T88G. [Eeceived November 12.]

Sir: 1 have the honor to aclinowledge the receipt of your note of
[yesterday's date, together with certain statements in which complaint
[is made of the conduct of the collector of customs at Shelburne, Nova
IScotia, and the conduct of Captain Quigley, of the Canadian cruiser
[Terror, in their dealings with certain American fishing vessels, and to
liulorm you that I have forwarded the same to Her Majesty's Govern-
[ment.

I have, &c.,

L. S. SACKYILLE WEST.

No. 52.

8ir L. West to Mr. Bayard.

British Legation,
Washington, November 15, 18SG. [Eeceived November IC]
SiE: With reference to your notes of the 19th and 20th ultimp, I
the honor to inform you that I am requested by the Earl of Iddos-
leigh to state to you that the Dominion Government have been asked

tilt

niariTs op amkrican pisiikumen.

to ftirnish immediato roports npon the action of their authorities in tie]
eases of the Aiuericau tlshiug vessels Everett Steele and Pearl Kelgon,
I have, &c.,

L. S. SACKVILLB M^EST.

mh

No. 53.

Mr. Bayard to Sir L. Went.

Department op State,
Washington, December 1. ],S86.

Sir : As possessing additional and very disagreeable beiuiiifj upon 1
the general snbjoct of the harsh treatment of American fisliiiig vessels
during the late season by the local authorities of the niaiitiine prov
inces of Her Majesty's Dominion of Canada, 1 have the honor to senil
you herewith a copy of a letter addressed to me, under date of tlie
12th ultimo, by Capt Solomon Jacobs, master of the Amcricuii tisliiii;;
schooner Molly Ada.ns, of Gloucester, Mass. You will share, Idonlit
not, the regret I feel at such churlish and inhospitable treatment of a
vessel which had freely, and with great loss and inconvenience, rendered
such essential service to the suffering and imperiled crew ol" a Novi
Scotiau vessel. But for his generous act Captain Jacobs would have
had no occasion to put into Malpeque, or, subsequently, when short o(j
provisions, into Port Medway. As his narrative shows, the local au-
thorities iit Malpeque treated him with coldness and rudeness, makiii;
no provision to receive the Nova Scotian crew he had saved from sm:: j
imminent danger, even causing him to incur a pecuniary bftrdeiiincom
pletion of his humane rescue, and even treating the landing of the prop
erty so savj-'d from the wreck of the Nova Scotian vessel, on lieroffiil
shores, as not lawful for an American fishing vessel " within the three]
mile limit."

The treatment of Captain Jacobs at Port Medway is a fitting sequel I
to that received by him at Malpeque. Having undergone fourteen days
detention in the latter port, and having shared his purse and sleuder
stock of ])rovisions with the men he had rescued, he put to sea, when,
his supplies falling short by reason of his charitable action, heaskwl
leave to purchase at Port Medway '' half a barrel of flour, or enouglil
provisions to take his vessel and crew home." With full knowledge of j
the cause of Captain Jacobs's dearth of provisions, even this the collector j
at Port Medway absolutely refused, and threatened Captain Jacobs!
with the seizure of his vessel " if he bought anything whatever." Tlie
urgent need of supi)lies in which Captain Jacobs stood, is shown 'ty
the fact that although the run with favorable Aveather from Port Med'
way to his home port, Gloucester, Mass., only occupied three days,!
crew were on half rations for two days, and without food for one dajj
of that time. It is painful to conjecture what might have been tbeirj
distress had the Molly Adams encountered storms or head winds.

I Jim confident that Her Majesty's Government, than wiiich none I
more generously fulfilled the obligations of the unwritten coded seal
faring humanity, will hasten to rebuke the treatment of Captain Jacobs
at the hands of the local authorities of Nova Scotia, by exhibiting gniti- J
tude for his act in saving seventeen of their own people from death, ami j
teiulcring him compensation for the delays and expenses he has under-
gone through the breaking up of his legitimate fishing venture.

IThe lion. .Skcuei

niailTS OF AMERICAN FISlIEttHKN.

ni5

The closing part of Captain Jacobs's letter may serve to show the irre-
giwndiblo and «iifferent treatment he was subjected to in the several
[iKirtsho visited, where the only common feature seems to have been a
liiirlv liostility. At Port Hood, for instance, Captain Jacobs being siiik,
|ji8 brother landed and reported in his stead, and, after paying the regu-
lar fee, was told that his report was a nullity, and that the vessel would
be liable to penalty for unauthorized landing of her crew unless her
captain reported in person, which, although ill, he was compelled to do,
and the feo was thereupon levied a second time. This is a small mat-
ter measured by the amount of the fee, but it is surely discreditabh^
aud has a tendency which cannot be too much de^^lored.

In uiy late correspondence I have treated of the necessary ami logical
rcsiiltsof permitting so irritating and unfriendly a course of action, and
1 will not thereibre now enlarge on this subject.
I have, &c.,

T. V. liAYAKD.

[Inclo8ure.]

CajUain Jacobs to Mr, Bayard,

Gloucester, Novemler 12, 188(5.
[The Hon. Secuetauy of State.

Sir: I would most respcctfally ask yonr attciit ion to tlio following facts as showiiij.^
Ithe spirit and inann»!r of tho applicutiou of law on the part of tlio otljcial;^ of tlio
IDflmiuioii of Canada.

On or al)out tlio 26th "f Soptember, wLert off Malpcqno, Princo Edward Island, I
|fill ill with the Uritish Bchoo.iorNeakilita, of Lockeport, Nova Scotia, which had run
InnMalpeqiio bar In making the barbor. It was blowing very heavy; sea running
jiiigh, Tho crow was taken off by my vessel about 12 o'clock at night. There were
pvcutceu men in all. Wo took care of them, and fed them for three days. Tho
IXi'siiilita became a total wreck. Wo saved somo of the material.

The cutter Critic, Captain McClonnan, one of the Canadian cruisers, was lying in
[the harbor of Malpeqnc. Tho captain boarded my vessel, and I reported to llini the
Ifactsof th" wreck and tlio condition of tho men. They had saved a portion of thoir
|clotliiiij{. Ho neither ofiored to care for tlio wrecked crew, to feed them, nor to give
[tliem or myself any assistance whatever. Having somo of tho wrecked material on
llK)ar(l,l asked tho captain of the cutter for jterniission to land it. He referred me to
Itiie local collector. I went to tho collector, and ho referred mo back to the captain
Icftho cutter. As the cutter had gone out, the captain of the Neskilita assumed the
Jrespunsibility and took tho things ashore. 'J'ho captain of tho cutter told mo tliat I
[could put tlio saved material on board. a Nova Scotia vessel if I wont outside of the
Itliree-niilo limit to do it. I endeavored to get some of the people on shore to take tho
jtrecked crow, but no one would do it unless I would be responsible for thoir boanl.
iFiiially, I gave the crow $60, enough to pay their passage home on the cars, and also
|gaTDtbcm iiiovisions to last during their journey.

Malpcqno is a barred harbor, and it is only in smooth water that it is safe to go out
[dver the bar, and my vessel drawing fourteen feet of water, and there was only four-
[tecn feet of water on the bar, it was impossible for me to go out. By being detained
[in port in disposing of this wrecked crew I lost over ten days of valuable time before
[I could get out to fish, and during that time the fleet took large quauties of mackerel,
[Having to feed so many on my vessel left mo short of provisions, and in a short time
[afterwards I put into Port Medway, and stated the circumstances, and asked permis-
[siontobuy half a barrel of flour or enongh provisions, to take my vessel and crew
[lionio. This was absolutely refused, and tho collector threatened nie that if I bought
[anything whatever ho would seize my vessel. I was obliged to leave without obtain-
|m,'''"7'^'''"» ^^'^ came homo in three days, on short rations, a distance of 300 miles.
ITlie wind and weather being favorable, we liad a good pass.ago, but yet wo were with-
I'liit provisions for one d.ay before we arrived home. I wish to state most emphatically
Itliat the otlicials diirer in their construction of our rights. Fees are different in every
Ipwt, and as there is no standard of right fixed by onr own Government, the fishermen
|f^*''\tlie niorcy of a class of oHlcials hostile to thorn and their bnsiuess, and with but
liittle knowledgo of law or its application.

B4G

EiailTS OF AMERICAN FISIIKRMEN.

For iiintanoo, at Snnris, Prince Edward iHlniid, 15 oontn is charged. For rcnortiot
At I'ort Mnlgrftvo, Nova ScoMii, 50 conta Ih cbarut-'d. At Port IIo(h1, I boing mtit my
brotbor wont to tbe cuBtoin-boiiBO to ropcirt. iMio ofBoial cbarged him 25 centMnj
told him that iintoHH tlio captain reported in lusrson tlio report was invalid; timtniM
from tbo vesHel would not be allowed aHhoro nnlcHS the captain reported.

In the afterhoon of the sanio day I was able to jjo to tbo otlice, and was chared 2;
cents for my report, making 50 cents. In tbe matter of anchorage (v.ch, at PortMol.
urave, Nova Scotia, I paid ?1. 50; at Malpccjne, $1; ut Sydney, $1.17. At some port!
we have to pay anchorage fees every time we go in, as at Halifax; at oIIkth twlcefor i
the season.

Now, I would most respectfully siato that the oHlcial service throiighoiit is actu-
ated ap]»arently from a principle of annoyance wherever and whenever itcanlienn
api)lied; that there is only harmony of action in this regard alone, and that Incal
laws and regulations ore enforced' against us without regard to any ri;jhts wo mat
luive under treaty; that tbo oll'ect of this enforcement is not to promote but to in. '
terfero and to limit by unjust pains, fees, and penalties tbo right of sbeltor, obtain-
ing wood and water, and making of repairs guaranteed by treaty of \SlS\ that in-
stead of tbo restriction contem])lated tbe local laws make a technical obligation thai
is without their province or jtowor, and enforce penalties that should never be ad- j
n.ittcd or allowed by our Government.

And I would pray that in the case recited, and many others that can lie Hhowni(
rc(inircd, wo may be protecti-d from local l:iws and their enforcement tlintiibriilp
our rights and have never n^ceived the sanction of the two gi;eat eontracitiu); iioiveri
In the constru(!ti()n and agreement of the treaty of 181H.
I have, &.<•„,

SOLOMON JACOas,

$1.17.] North Sydney, C. IJ., October n, 188C.

Molly Adams, 117 tons. — Captain Jacobs to harbor commisahncrn.

To amount of harbor dues tI17|

Received payment.

M. J. PIIUEEN,

No. 100.
91.00. J

Dominion of Canada. — Tlarhor dues.'

Malpeqxje, p. E. I., 18a;

Received from Solomon Jacobs, master of the schooner Molly Adams, from

118 tons register, the sum of $1, being harbor dues at this port.

EDWARD LARK INS,

Harbor Mtvttr.

No. — .

Dominion of Canada.—ITarhor dues.

Pout Muloravk, N. S., Juijusl 30, M
Received from Solomon Jacobs, m.ister of the schooner Mollio Adams, froniNort^
Bay, 117 tons register, the sum of SL.'jO, being harbor dues at this port.
[SEAL.] . «- » H DUNCAN C. GILLIES,

Harbor Mmttr.

No. 54.

Sir L. West to Mr. Bayard.

British Legation,
Washington, December G, J 880. f Received December i-l
Sir: Witli reference to your note of the 27th of October last, Hiaj
tbe honor to inclose herewith a certified copy of a report of a comraitr

RlfJIlTH 01' AMERICAN riSIIEUMKN.

347

ol'tlie pi ivy council of Canada, tofjether with copy of the custonia laws,
«bicli (lociimcnts <!ontain llio information required respecting the sale
UP,1 pjportation of fresh herring from (rrand Mandan Island.
1 have, &c.,

L. 8. SACKVILLE WEST.

Ctrlifii'd copy of a report of a commit lev of Iho honorable the vriri/ council of Canada,
apirored hji hiancdlency the (jovernor-geiural, in council, on the Uith day of November,

Till' (Oimiiittco of tliPi privy council liaviiiK li ad tlioir attention car.oil by ii telegram,
ibti'il Irtlli Nov(!ml)er instant, fvoni Ilor Maj«^«ty's uiiniHter at WaMliington, to Lis
(iiriiicr iliHiiatcli of tbo '28th October ultimo, incbming a coi)y of a note i'roni tlio Iion-
iiriililc Mr. l!»yar<l, and the inclosurcs, aHJiinjj forautbeiitio information respecting tbo
iMiadian laws regulating tbo sale and exportation of fresh herring from the (i and
Maiiaii IhIiukI.

The luiiiiHttr of marine anvl flsherieH, to whom said dinpatch was referred for early
niKirt, states that any foreiga vessel " not manned nor equipped, nor in any way pre-
iiaml tor taldiig fish," has full liberty of comnu'rcial intercourHO in Canadian jiorts
qioii tlio Hamo conditions as a'O applicable to rej»nlarly registered foreign merchant
vewls; nor is any restriction iiuposed upon any loreigu vessel dealing in iish of any
kind (litl'crcnt from those imposed npon foreign nierciiant vessolH <lealing in other
loiuinercial connnodities.

that the regulations under whJch foreign vessels may trade at Canadian ports are
mtaincdin the customs laws of Canada (a copy of which is herewith), and which
iiderit necessary, among other things, tiiat npon arrival at any Canadian ^tort a
enscl must at once enter inward at tlio ciistom-honse, and upon the completion of
er loading, clear outwards for her port of (lestination.

The comniitco recommend that yonr excellency bo moved to transmit a copy of
lis minute, together with a copy of tbecuntonis laws, as containing authentic infor-
atiim respoeting Canadian laws regulating the sale and exportation of fresh her-
Dg, to Her Majesty's minister at Washington, for tlie information of the honorable
Ir.Iiayard, Socrotary of State for tlio United States,

JOHN J. McGEE,

Cleric, Privy Council.

Forty-seven Victoria, Chap. 2i).

AN ACT to amond tlio oimtoms act, 1883. Aasonlod to April 10, 1884.

Her Majesty, by and with the advice and consent of the senate and house of cr .a-
^OM of Canada, enacts as follows:

■.Section 188 of "the customs act, 1883," is repealed and the following section
liiacted in lieu thereof:

1 "IHH. AH penalties and forfeitures incurred under this act or any other law relating
lolhe cuHtoins or to trade or navigation, may, in addition to any other remedy pro-
liWby this act or by law, bo prosecuted, sued for and recovered with full costs of
pit, in the exchequer court of Canada, or in any superior court or court of vice-
•liiiirijlty, having jurisdiction in that province in Canada whore the cause of proso-
|iiliou arises, or wherein the defendant is served with procisss; and if the amount of
«y siicli penalty or forfeiture does not exceed ^200, the same may, in the Provinces
f Ontario, Quebec, New Brunswick, Nova Scotia, British Columbia, Manitoba, and
toco Edwairt Island, respectively, also be prosecuted, sued for, and recovered in any
port having jurisdiction in the place where the cause of prosecution arises, or where
leilffendant is served with the process."
12, Section 153 of the said act is repealed and the following sectiou enacted in liei.

'li.'i. If any person, with intent to defraud the revenue of Canada, smuggles or

pdesiinely introduces into Canada any goods subject to duty, or makes out, or

i^^s, or attempts to pass through the eiistom-bouso any false, forged, or fraudulent

I'ojeo, or in any way attempts to defraud the revenue by evading tlie payment of

Pdiity, or of any part of the duty on any gopds, such goods siiall bo seized and for-

"1; and every such person, his aiders and abettors, shall, in addition to any other

348

RIGHTS OP AMERICAN PlfailERMEN.

penalty ot fotfeitiire to which ho and they may bo subject for such oflTcnso, be liaU, I
on couvictiun, to a poaalty of not leas than $50 aud not more than $200, or to imprigonl I
nient for u term not less tiian ouo month nor more than one year, or to both fine aid
imiirjsonment within tho said limits; and such conviction may bo had in asunimart
manner, before any two justices of the peace or before any judge or magistrate bay.
ing the powers of two justices of the peace,"

3. Section 8(5 of the said act is hereby repealed.

4. This act shall bo construed as part of the act amended by it, but its provisions i
so far as theydiffer from those for which thoy are substituted, shall apiylynotonlvtol
cases iir which the oll'enso has been committed, but also to those in wliidi tlieprosf.!
cutiou for the ponalty or forfeiture thereby incurred is commenced after the passjo; j
of this act, although the oifonso was cominitted before the passing thereul'.

f If
a'

Forty six Victoria, Chap. 12.

AN ACT to auiond and consolidate the acta roapecting tbo cuHtoms. Asacntod to 25th Mas M

Her Ma,jesty by and with the advice and consent of the senate and house of coral
mens of Canada, enacts as follows:

1. This act may be cited as " tho customs act, 1883."

2. Tl'.is act shall be construed as beiujij passed in .amendment and consolidation ol I
the act passed In the fortietli year of Her Majesty's reign (A. D, 1877), entitled "An act I
to jxmend and consolidate tho act respecting the customs," and of any act ameudinjl
the same. f

;i. This act shall come into force npon, from, and after the d.iy of thopass'lngtbe^fl
of, and upon, from, and aft«r the said day the acts and p.art of acts mentioned in tbe)
schedule hereto, and all acts, enactments, or provisions of law inconsistont witiitliijl
act, or making any i)rovision for any matter provided for by this act, aro hereby re-j
pealed, and this act is substituted for them ; provided always, that ail actsorcniut-j
uents repealed by any of the said acts shall remain repealed, .aud that all orderain I
council and regulations made under tho acts hereby repealed, or under any foruierj
act relating to customs, so far as tho same have not been revoked, or are not incon-f
sistout herewith, shall remain in force until revoked or altered by competent aBl
thority ; and all things lawfully done, and all obligiitions incurred, bonds given, dntioj
accrued, and rights acquired under the said acts, or any of them, shall remain validf
and may be enlorced, and all offenses coinmitted, penalties, forfeitures, or liabilitiesl
incurred under vhem, or any of them, may bo prosecuted, punished, aud enforced, aiiill
all proceedings .ind tilings lawfully connnenced under them, or any of tbem, niaytaj
continued anil complete(l under the said acts, or under corresi)on<lJng provisionsof tliijj
act, which shall not be construed as now law, but .as a consoiida ; ion and continuationl
of tho said repealed acts, subject to the amendments and now provisions licreby luadeT
Anything herotofore done, or any offense committed or liability incurred inider3iiT|
provisions of any of tho said repealed acts, which is repeated without material idtcr-f
ation in this act, may be alleged or referred to as having beeu done, committed, or inl
curred under the repealed act in which such provision was made, or under this actf
and everj' sneli provision shall bo construed as having had and as haviii;f the saiMJ
effect, and from tho same time, as under such repealed .ict, and any reference in aiijj
former act or document to any such provision in any of tho said reiiealcd acts, i
hereafter be construed as a reference to the corresponding ijrovision of tiiis act.

4. The following terms and expressions wheiever u.sed iii this act, or in anyoilic^
laws relating to the customs, shall, unicss it be otherwise specially provided, ortiicre
be something in the context repugnant to or inconsistent with such c<instniction,!i«|
construed aud interpreted as follows : The word " port " moans a place where vesstl*
or vehicles may disch.argo or load cargo ; tho word "collector" means the collectorl
of the customs at the port or place iutonded in the sentcmee, or any person lawfiillf|
deputed, appointed, or authorized to do tho duty of collector thereat ; the weal
" oflicer " means an officer of the customs ; the word " vessel " means any ship, vissclj
or boat of any kind wliatever, whether propelled by steam or otiierwise. andwhfikif
used as a sea-going vessel or on inland waters only, unless tho eont(>xt iie nianifislljj
such astodisting)iish one kind or class of vesscil from another, and tlie word "vessell
includes "vehicle"; the word "vehicle" means any cart, car, w.agon, rarri.asp.toj
row, sleigh, or other conveyance of what kin<l soevT, whether drawn or iiiopcllef
by steam, by animals, by Iwmd or other power, and includes tho liiiriies.s or taitlj
of the animals, and includes also tho (itiings, furnishings, anil appurtenances nf tlr
vehicle; tho wonl "master'' means tjie person liaving or taking charge <d' any v*
sol or vehicle; tho word "conductor" means the person in charge or havinfjtbj
chief direction of any railway train ; th« words "owner," "importer," or "exporterij

EIGHTS OF AMERICAN FISHERMEN-

849

ltl!l.ll>
■till' '

tlio owners, importers, or exporters, if there bo niore than one iu any case,
..leliitlo iiersona lawfully uctiiig on their btshalf; the word "goodn" means
""ni" wares, and merchandise, or movable eil'ects of any kind, including carriages,
h". .! caltlf, and other animals, except where these latter are manifestly not in-
wi,|i(i to l>f included by the said word; the word "warehouse" means any place,
u'liiilKr iioUK(!, shed, yar<l, dock, jxind, or other place in which goods importecl

ivlielodfii'd, kept, and secured without i)aynieut of duty; "customs warehouse"
tiuciiiili's wiiViuauce warehouse, bonding warehouse, and examining warehouse; the
\(,inl "oatli" includes declaration and atlinnation. The use of the terms "seized
, 1 ,1 i,iliit('(i," " liable to forfeiture," or " subject to forfeiture," or other term which
IJii 'lit lit itwjlf imply that some act subseijuent to the commission of the otlense
isiM(('SHary to work the forfeiture, shall not be construed as rendering any such sub-
wiiiiiit act necessary, but the forfeiture shall accrue at the time of and by the com-
i,i>.iiiii of flin otlense, in respect of which the penalty of forfeiture is imposed. All
III, iriiiiN and ])rovi8ions of this act, or of any such law as aforesaid, shall receive such
la I ..u(l liberal construction a:id interpretation as will best insure the protection of
lln p venue and (he attainment of the purpose for which this act or such law was

iidi', aecDnling to its true intent, meaning, and spirit.

'). Tlie following provisions of this act shall apply to all duties of customs ir^;) c^d
l)vaii.v act of the I'arliament of the Dominion of Canada, whether now iu '.-•->. n;
[liiisscil ill tlio present session or iu any future session of the said Parliament.

I. On each and every non-enumerated article which bears a similitude. iitiKi it
liiti'iial, qiiiilily, or the use to which it may be applied, to any ouumenit, ' irdi lo

ltliar;.'(al)lo with duty, the same rate of duty shall bo payable which is cb ,uu on
111) eiiiimerated article which it most resembles iu any of the particulars before
Miiiimed.

7, Ilauy nou-euumerated article equally resembles two or more enumerated articles
II uhicii (lifierent rates of duty are chargeable, the duty on such non-enumerated
rticlc shall bo the same as that on the enumerated article which it resembles, paying
i' hifjhcst duty.
«. On ali articles manufactured from two or more materials, the duty shall be that

3iveil nil the article (if there be a ditforence of duty) which is charged with the
it'lieat dnty.

. If au article be enumerated in the tariff under two or more names or descrip-
ions, and there be a difference of duty, the highest duty provided shall be charged
ml collected thereon.

10. Spirits and strong waters, from whatever substance distilled or prepared, hav-
w; tlio llavor of any kind of spirits or strong waters, subject to a higher duty thau
liisky, Rliall bo liable to the duty imposed on spirits or strong waters of which they
live tlio flavor.

II. Inasmuch as disputes may arise as to whether any or what duty is payable on
lliaiticniar go'nds, therefore when there is no decision in the matter by any competent
Itrihniial, or there are decisions inconsistent with each other, the governor in council
imny declare the duty payable on the kind of goods in question, or that such goods

re exempt from duty; and any order in council containing such declaration and lix-
Di; 8ucli duty (if any) and published in the Canada Gazette, shall, until otherwise
rdcied by Parliament, have the same force and effect as if such duty had been fixed
ml declared by law ; and a copy of the said Gazette containing a copy of any such
nkr shall be, evidence thereof.

I'.'. All duties, jienalties, or forfeitures imposed by any act relating to the customs

ill be payable in money, being a legal tender, at such rate as that ?4.8()| of such

iioiiey shall bo of equ.al value with the British sovereign or pound sterling ; and all

iicli duties shall be paid and received according to the weights and measures ostah-

ished by statute in that behalf:

(2) All invoices of goods shall be made out in the currency of the country whence
he goods are inqjorted, and shall contain a true statement of the value of such goods ;
ml iu comput iiig the value for duty of such currency, the rate thereof shall be such
a has been ordered and proclaimed from time to time by the governor in council,
'iio is hereby empowered to make such order ; and the rate ordered shall bo based
iniwii the actual value of the standard coins or currency of such country as compared
I'iili the .stantliird dollar of Canada in so far as such comparative values aie known ;
™i ill all cases wherein the value of a currency has not been proclaimed, or where
MK is uo lixcd standard value, or wherein from any cause the value of such cur-
"iDcy has become depreciated, then there shall be attached to the invoice of the goods
iiported the certificate of some consul resident in such place or country, showing the
»eut of such depreciation, or the true value of the currency iu which such invoice is
Milo out, thcu and there, as compared with the standard dollar of Canada ; pro-
iW, hovevcr, that iu cases where the value of a depreciated currency is dependent
ipiiii the rate of exchange on London, it shall bo optional with the importer, with the
'wut of collector of customs, to compute the value for dutjr at the rate of oxohaugo

350

EIGHTS OF AMEKICAN FISHEKMEN.

ceitili' ity tlio bank tlirougli which drawD, as cnrrcut at the time and place tU '
and \vln;nco tho goods woro exported to Canada; provided fnrthor, that wiiontLi
currency value is so determined at tho time of entry, either by a consul's cprtilicaif I
or by tho certificate of tho bank as ahovo provided, such rate or value shall bo linall
and not open to any readjustment by reason of the subsequent production ofacv!
certificate not corresponding in rate or value with that adopted.

V.i. In all cases wherein tho duties are imposed according to any specific quautitv !
or to any specific value, the same shall be deemed to apply in tho same proportion to I
any greater or less quantity or value, and to aii:' fractional part of such specific quai). I
tity.

14. Tho duties imposed by any act relating to tho customs shall be hold to be dntifj I
within tho meaning of the act of the Parliament of Canada, entitled "As act to provide I
for the better auditing of tho public accounts," and of any act of the said Parliament
amending tho same, and shall, with all matters and things thereunto relatinp;, begnb-
jcot to tho provision of the said act or acts, and to tho regulations and orders of the gov-
ornor in council, made or to be made under the authority thereof, in so far as tbesamel
are notinconsistent with this act ; and all moneys arising from such duties, or from any (
penalties hereby imjjosed, and belonging to Her Majesty, shall be paid over by the 1
oflicer receiving tho same to the receiver-general, and shall form part of thecoMoli]
dated revenue fund of canaua. I

19. Tho true amount of customs duties payable to Her Majesty with respect to anv i
goods imported into Canada or exported therefrom, and the additional sum (if any)'
]><iyable under section 102 of this act, shall, from and sifter the time when such dnties 1
should have been paid or accounted for, constitute a debt duo and payable to Hw I
Majesty, jointly and severally, from tho owner of the goods at the time of tlniim- j
portation or exportation thereof, and from tho importer or exporter thereof, as the j
case may be ; and such debt may at any time be recovered with fnll costs of suit Id I
tho exchequer court of Cauada, or in any i)rovincial court haviug jurisdiction in cases j
of debt to tho amount claimed.

IG. No goods shall be unladen from any vessel arriving at any port or place in Can-
ada from any place out of Canada, nor from any vessel having dutiable goods on boanl I
brought coastwise, nor shall bulk be broken within 15 leagues of the coast nntihke j
entry has been made of such goods, and warrant granted for the unlading of tbcsanie; I
and no goods shall be so unladen (unless for tho purpose of lightening vboBbiporl
vessel in crossing over a shoal or bar or sand-bank) except between sunrise and son- j
set, and on some day not being a Sunday or statutory holiday, and at sonic hour and j
place at which an officer of tho customs is ajipointed to attend tho unlading of goods, 1
or at some place for which a sutfranco has been granted by tho collector or otlierj
jiroper oflicer for tho unlading of such goods; and if, after tho arrival of the vessel j
within 3 leagues of the coast, any'alteratiou be made in the stowage of tho cargo so ai 1
to facilitJito the unlawful unlading of any part thereof, or if any jiart tbercof bej
fraudulently staved, destroyed, or thrown overboard, or any package fio opened, it j
shall bo deemed a breaking'of bulk, and all goods unladen contrary to this act shall j
bo seized and forfeited; and if bulk be broken contrary to this act, the master shaU
forfeit $200, and the vessel may be detained until tho said fine is paid or satisfactory j
security is given for the paj'mcnt thereof; and unless payment be made or securitjl
bo given within thirty days such vessel may, at tho expiration thereof, be sold to pay!
tho said penalty. I

17. The governor in council may, by regulation from time to time, appoint th*!
liorts and places of entry for tho purposes of this act, and may in like manner in- j
crease or diminish tho number, or alter the position or limits thereof. I

18. All goods imported into Canada, whether by sea, land, coastwise, orbyiulandj
navigation, whether dutiable or not, must bo brought in at a port of entiy whercij
custom-house is lawfully established.

19. All goods or merchandise exported by sea, land, or by inland navigatioi
bo reported at tho nearest custom-house, or, it exported from any place where n.
t<mi-h(>U80 is established, they must bo reported within twenty-four hours of the
of such export at tho nearest custom-house, according to such regulations as may
established by the governor in council from time to time.

20. If any goods are imported into Canada at any other place than at some jwrtwl
jdaee of entry at which a custom-house is then lawfully eetablished, or being brom j
into such port or place of entry by land or inland navigation, are carried pastsuchj
custom-houso or removed from the place appointed for the examination of sm b good«|
by the collector or other ofhcor of the customs at such port or place before tbeiuiMJ
ha<ve been examined b/ tho proper officer and all duties thereon paid and a pennit j
given accordingly, such goods shall be seized and forfeited ; and each and eveiyp^r-i
son concerned in such unlawful importation or removal shall be subject to apeiisltjl
equal to tho value of such goods. j

21. If any vessel with dutiable goods on board enters any place other than a port j
of entry (unless from stress of weather or other unavoidable cause), such goodj(Mf

RIGHTS OP AMERICAN FISHERMEN.

351

I ( tiiosc (»f an ii.nocout owner) Bhall bo soized aud forfeited, toj^et.lior willi the ves-
ijiii wliicli iliu Haiiio were imported, if such vessel is of less value than $800.

w If any vessel, worth more than $1300, with dutiable goods on board, enters any
liilaa' other than a iM)rt of entry (unless from stress of weather or other unavoi«lablo
Icaiise), siieh tfoods (oxce])t those of an innocent owner) shall be seized and forfeited,
land fb« vessel may bo seized aud the master or person in charge thereof shall incur a
iMalty of SciOO, and the vessel may bo detained until such penalty bo paid or secur-
lj,y jrivou for the payment thereof ; and, unless payment bo made or satisfactory se-
liiiritv ho given within thirty days, such vessel may, at the expiration thereof, bo
LiW to pay the said penalty.

I '23. If auy goods are unlawfully imported by land they shall bo seized and forfeited,
Itoi'i'tlier with tiio vehicle in or by which such goods are so imported or rymoved, and
[llicborses or other cattle employed in drawing such vehicle, or in importing or remov-
[iiig such goods.

I 24, It any goods are unlawfully imported on any railway they shall, in like niaii-
liier, be seized aud forfeited, and the car in which such goods were so imported shall
IIh) seized and detached from the train and forfeited ; aud any conductor, baggago-
linaster, or ..iiy officer or servant employed on any railway, and auy ofiUcer or servant
IfiDpioycd by any express company, who is jmvy to or aids or abets in snch unlawful
linilioilation, shall, upon summary conviction thereof, be liable to a line of not less
ItbanjaO nor more than $200, or to imprisonment for not less than three months nor
Imoretliau twelve months, or to both iine and imprisonment within the said limits.

io. The uuiNtcr of every vessel coming from any port or place out of the Dominion
liif Canada, or coastwise, and entering any port in Canada, whether laden or in ballast,
Itliall go without delay, wheu such vessel is anchored or moored, to the cnstom-houso
■lot the port or place of entry where he arrives^ and there make a report in writing to
[the collector or other proper officer, of the arrival aud voyage of such vessel, stating
tiiirname, country, aud tonnage, the port of registry, the naun of the master, the
Iconntry of the owners, the number and names of the passengers (if any), the number
loftbc crew, aud whether she is laden or in ballast, and if laden, the marks aud uum-
Ibirs of every package and parcel of goods on board, and where the same was ladon,
lauil the particulars of any goods stowed loose, and where and to whom consigned, ami
litlirnany and what goods, if any, have been laden or unladen, or bulk has been
llimkn, during the voyage, what part of the cargo aud the number and names of the
Ifassciij.'oi'H which are intcudcd to bo landed at that port, and what aud whom at any
fctlicrport in C'auada, and what part of the cargo (ii'any) is intended to bo exported
lintbesanie vessel, and what surplus stores remain on board — a« far as any of such
IfavticnlarH can bo known to him.

.,'6, lu the case of every vessel bound for any seaport in Canada, from any port out
pf Canada, the collector or proper officer of such Canadian port may cause such ves-
Itohc boarded by an officer of customs, detailed by him for such service, at any
IjiLue within 3 niariuo miles of the anchorage ground, and such officer may do-
ttwnd trom tho master or purser of such vessel a correct copy of the report inwards,
pteiided by him to be presented at the custom-house on arrival. Such l)oarding ofli-
jter may remain on i,o..rd the vessel until she anchors, aud the copy of tho report ho
JKioivcd by him shall be deposited by him at tho custom-house as the vessel's report
jiDwards for comparison with that to bo i)resented by tho master in person.
1 '.'(. The master or person in charge of any vessel, whether laden or in ballast, arri v-
Bngliy inland navigation in any port or place of entry in Canada, from any place be-
jjoiidthe limits of Canada, and having any goods therein (whether auy duty bo pay-
iWeon su B;oods or not) shall go without delay, when such vessel is an<;hored or
Eonri'd, dii. niy to the custom-houso for such port or place of entry, aud make a re-
port in writing (in such form as maybe appointed for that purpose by competent
Mthority), to tho collector or other proper officer, of the arrival of such vessel, stating
Id siicli report the marks and numbers of every package and parcel of goods in snch
|f86sci, or iii the charge and custody of such person, from what place the same j.ro
^pcctfully bronght, and to what place ai;d to whom consigned or belonging, as i'ar
issuch particulars are known to him ; and ho shall then and there produce such j<-ood8
0 the collector or other proper officer, and shall deciaro that no goods have b* en nu-
ladcnfrom such vessel or have been put out of his po8s<!88ion, between tho time o/his
Miaing within the limits of Canada and of his making his report aud affidavit and
pall further answer all such questions concerning such vessel or goods as ure do-
paded of him by such collector or officer.

|iW. The master shall at tho time of making his report, if required by tha officer of
|Mtoni8, protiuco to him the bills of lading of the cargo, or true copies thereof, and
fiiallniake and subscribe an affidavit referring to his report aud dec'arin'; that all tho
™ments made in tho report are true ; and shall further answer aii such ques ions
joiiccrning the vessel and cargo, and the crow, and tho voyage, as shall, ba demanded
■"uiniby such officer, aud shiril, if reqi.ired, make the substance of any such auswer
"1 of his report.

RIGHTS OF AMERICAN FISHERMEN.

'fP%'

ti *• ' '

2{). If any ftoodn aro iinladcn from any vcHstsl lioforo such report bo niadc, (iriiti,, I
niastor failfi to inako Hnoli report, or niakey an ilntruo report, ordoes not, tviilyaiiBww
IIk- (|ii('Htion.s (li'nianded of liini, a« provided in the next precodin<i Hcctioii/hw |,|,j
forfeit tlio mini of ^400, and the vchhoI may bodotaintid until the H.'iid fine Im^ ]iaiil.

:!(). Any goodH not reported, found on board of any vcHsel or landed, sliall iKiNeiadl
an<l forfeited, tiidcHs it appears that there was no frau(hilent intention, in wliidicai^j
llm nniHter nhail lie alh)wed to amend his report; but the necessary (Usciiaijjini; of I
any floods for the pnri)OHe of lif^fhteninK the vessel in order to pass any slioal, orotli.
erwise for the safety of such vessel, shall not bo deemed an unlawful landing or break-
injuof bulk.

:{1. If the contents of any package intended for importation into anotlioiport or
for exportation, bo unkuowu to the master, thootlicer may open and exauiiiie it, and 1
(!auso It for that i)urpo80 to be landed if he sees lit; and if any i)roliibito(l goods Iw I
found therein, all the floods in siu;h package shall be seized and forfeited. I

:W. In order to avoid injurious delay to steamers and other vessels undor ccrtaiu 1
circumstances, the fj[ovcrnor in council nuiy nuiko such regulations as may beconsid-l
ered advisable for the appointment of sulferanco wharves and v\ areliouscH, atwhicli]
goods arriving by vessels in transit to other jiorts, or confined to ((jrtaiM days of de- 1
parture.may belauded and afterward stored before entry, such vessels beiii« diil>' I
reported to the custom-house, and having obtained the collector's warraut tor the
]iurpose ; provided such landing bo eft'ecteil between sunrise and sunset, on a dayuot 1
being Sunday or a statutory holiday, and provided the goods, on being ho lan(le(l,an( I
immediately stored in some such approved suflerance warehouse, and such goods]
shall be thereafter dealt with by tii3 customs as prescribed by law ; but iiotliiug in I
this section shall aifecfc any contract, express or implied, between the master or owner I
of any such vessel and the owner, shipper, or consignee of any such goods as afore!
said, or the rights or liability of any party xnnler such contract; ami i)rovide(l fur!
ther, that the governor in coinicil may make similar regulations for the appointment I
of sutl'erance warehouses, i;i which goods arriving by railway may bo stored \k'm\
entry, such goods having been duly rei)orted to tlio collector or proper oiBcerofcnij
tonis. !

;{;{. The conductor <)t\ very railw.ay train carrying freight arriving at any port in j
Canada from any foreign port shall come directly, and before bulk is broken, to the!
c.uHtom-house at such port, and report all merchandise on board his train, or in any!
]>aiticular car belonging to such train, statin^ the marks and numbers of cvory pack- [
age and parcel of goods on board, and where the same was laden, and where aud to j
whom consigned, and whatjiart thereof, if any, is intended to pass in /frtnst/»tliroiigh|
(Canada to some p()rt or place in the United States, or to bo transhipped at Bomoothorj
l)ort in Canada, to be exported to a port or place out of Canada; and if auygoodsj
are unladen before such report is made, except by written permission of the collector, f
or j)roper otlicer of customs, or if the conductor fails to make such report, ormakesj
an untnu) report, or does not truly answer any questions put to him respoctihg the!
same, he shall forfeit the sum of l|400. |

;{4. The person in charge of any vehicle, arriving by land in any j)luco in Caiiadii,!
and containing goods, whether any duty be payable on such goods or not, and tlio j
person in charge of any vehicle so arriving, if the vehicle or its littingH, tiirniithingsj
or appurtenances, or the animals drawing the, same or their tackle, is or are liable tol
duty, aiul any person whosoever so arriving in Canada from any port or place out oil
Canada, on foot or otherwise, and having with him or in his charge or custody, iinyl
goods, whether such goods be dutiable or not, shall come to the nearest cnstom-li
or to the station of the nearest oilicer of customs, before unlading or in any iiiannerl
disposing of the same, and make a report in writing to the collector or proper otiicerl
of customs, stating the contents of each and every package and jiarcel of ^oods, and!
the ((uantities and values of tho same ; and shall also then answer all (iiiestioiis re-l
specting such goods or packages, and tho vehicle, littiugs, furnishings andappurto-j
nances, and animal.s, and the tacklo appertaining thereto, as the said collector, orl
proper ofticer of customs, may require of him, and shall then and there make due enr
try of the same, in accordance with tho law in that behalf. J

'.i^K Fresh lish, coin, or bullion may bo landed without entry or warrant, a« niayl
also goods in any stranded or wrecked vessel ; provided they bo duly roiiorted ami
entered as soon as possible after being safely deposited on shore, and that theland-l
lug bo in presence of an officer of the customs or receiver of wreck, or other pprsonj
authorized to do the acts of such receiver I'uder " the wreck and salvage act, W3|"o
any act amending the same.

36. If a vessel having live stock or perishable articles on board arrives aftCTbniij
iiess hours, the collector or any ofliccr at the port may permit the master to unhidolH
same before report ; but report shall in such case be'made aa soon as may beaftertW
next opening of the customs office. J

37. The governor in council may, by rogalation, declare any trade or voyajjeos
the Bcas, rivers, lakes^ or wators, within or a(\jacoiJt to CiiJiada, whether toorfwif

BIGHTS OF AMERICAN FISIIEKMEN.

353

I j.i,,. williin or without Ciiuiula, to lio a eoastiuj? trade or a coaBtiiig voya^je
t' li'iidieiiii'iiiiiiif? of tliiH act, whothor hucIi Koas, rivorH, lak<!S, or waters are or are
F „,.(,jfnii»liiciill,v or (or the iiurposesol" other acts or hiws, inland waters; and all

rviii" kV water, which is not a carrying by sea or coastwise, shall be deemed to bo
krirrynig I'y inland navigation ; and the governor iu council may, from time to t ime,
liili roi'aid to any such coasting trade, dispense with such of the requirements of this
let lis b° Jct'ius it inexpedient to enforce in any case or class of cases, or make sufh
fcrtlicr regulations as ho may think expedient ; and any goods carried coastwise, or
Wtii wat'cr-ljoine or unliulcn, contrary to such regulations or to any provision of this
ift n(itili8l>'!ii8''<l with by such regulations, shall bo seized and forfeited.

y. It shall not be lawful, unless otherwise authorized by the governor in council, to
iiipcrt any goods, wares, ov merchandise from any port or place out of Cainida in any
Itssci wL'ib lias not been duly registered and has not a certificate of such registry on

)oai'il<

I ;j| If auj floods are unladen from any vessel or vehicle, or put out of the custody

If ilie master or person in charge of the same, before report is made as n<iuired by
iis act, or if such person or master fails to make such report, or to produce such
toods oniialjPS an untrue report, or does not truly answer the questions demanded
If him, lio shall for each such ofl'cnso forfeit the sum of $400 ; and if any such goods
lie not KO reported and produced, or if the marks and numbers or other description
[f jpy packago do not agree with the report made, such goods or package sunll be
(eimiand forfeited, and the vessel or vehicle and the animals drawing the same
lli,ill be detained until such amount bo paid.

1 40. Every inijiorter of any goods by sea or from any place out of Canada shall,
Iritiiiii three days after the arrival of the importing vessel, make due entry inwards
fsiich goods, and land the same ; and every importer of any goods imported by in-
^iid navigation in a decked vessel of 100 tons burden or more, shall, within twenty-
bar liours of the arrival of the importing vessel, make due entry inwards of such
loods, and land the same ; and every importer of any goods imported by inlaiul navi-
lationin any undecked vessel, or iu any vessel less than 100 tons burden, or by land,
II, forthwith, after the importation of such go<ids, produce the same to the proper
llliccraiul make due entry thereof.

41. The person enteriug any goods inwards shall deliver to the collector or other
Iwpcr officer, an invoice of such goods showing the place and date of purchase and
jlip name or style of the firm or person from whom the goods were purchased, and a
■11 description thereof iu detail, giving the quantity and value of each kind of goods

oiiiiported, and a bill of tho entry thereof, in such form as shall be appointed by com-
Mi'iit authority, fairly written or printed, or partly written and partly printed, and
iidi:itlicate, containing the uame of tho importer, — and, if imported by water, the
baie of the vessel and of the master, and of tho place to which bound, and of the
|lacc, within tho port, where the goods are to be unladen, — and the description of the
<ls, and the marks and numbers and contente of the packages, and the place from
iiliich tho goods are imported, and of what country or place such goods are the growth,
|iodiict', or manufrcture.

42. Unles.s the goods are to bo warehoused iu the manner by this act provided, the
Biportcr shall, at the same time, pay down, or cause to be so paid, all duties upon all

8 entered inwards ; and the collector or other proper officer shall, immediately
Hereupon, grant his warrant for the unlading of such goods, and grant a permit for
Ibe conveyanco of the same goods further into Canada, if so required by ths importer.
1 4:1 In default of such entry and landing, or production of the goods, or jiayment
lifiliitj', the oflicer of customs may convey the goods to a oistonm warehouse, or some
ptiire place ajipointcd by tho collector for such purpose, there to bo kept at tho risk
liid charge of tho owner ; and if such goods benotduly en tei'cd within one month from
ill' date of their being so conveyed to the custom warehou.se, or other ai)i)()inted place,
Ind all charges of removal and warehouse rent duly jiaid at the time of such entry,
llif Roods isliall be sold by public auction to the highest bidder, and the i)roce<;ds
llMiiif shall Ih^ applied, fust to the payment of duties and charges, and the overplus,
any, iiltiT di.seharging the vess'^l's lien, or other charges for transportation, shall
jKiiil to the, owner of I he goods or to his lawful agent; provided, always, that iu
Iw the same cannot be s(dd f<u' a sum sutlicient to pay the duties and charges if of-
pd for sale for home consumption, or the charges if otl'ered for sale for exportation,
Wi goods sliiill not bo sold, but be destroyed.

[*|' Any goods unladen or landiMl before due eutry thereof and warrant for landing,
■'1 1)0 seized and forfeited, and any person concerned in landing or receiving or
loBccaling goods so lauded, shall, for each ott'ense, forfeit $400.

M'l. If any goods are brought in any decked vessel^ from any place out of Canada to
^yi'oftol entry therein, and not landt;d, but it is intended to convoy such goods to
pine other port in Canada in the samo vessel, there to be landed, then tho duty shall
ft lie paid nor tho entry completed at the first port, but at the port where tho goods
^Icbe landed, and to which they shall bo conveyed accordingly, uador such regu-
S. Ex. 113 'J3

354

RIQHTS OF AMERICAN FISUEKMEN.

itl'

-fi

lutioiis uiul with Hiicli sociirity or procmitions forconiplianco with tlio n.'4iiiiciiicuLio(
tUiH act, as till! governor in eoniicii may, from time to tiiiio, ai)poiiit.

4G. Tlic collector may reqiiiio from the imjjorter (or Irom liis agcut) of any mxnii
cliarj^i'd with tlnty, or comlitioiially oxemiited from «luty, or exempt thtTcfvoniJjtiot,
udmittii.g the said k<'*Ji1s to entry, sucli further proof as he deems neccHsary, liy oaili
or (hjclanition, jtroduetion of invoice or invoices, or bills of hiding of othL'i\vis'(.',tlu5
such goods ure proi)erly described and rated for duty, or come properly withili %
meaning of sncli exemptions.

47. Any package of which the imjiortcr or his agcut declares the contents to be uii.
Icnown to him, may bo opened and examined by tlio collecti9r or other l)rnper officer
in the i)resence of such importer or agent, and at the expeuac of the iniimrtw who
shall also l)i'ar the expense of repacking.

4H. No iMitry, nor any warrant for the landingofany goods, or for the taking of m;
goods out of any warehouse (as hereinafter provided) shall be deemed valid, niile«
the particulars of tho goods and i)ackages in such entry or warrant eorrcspoml ffiih
the particulars of tho goods and packages purporting to be tho same in the repur* (jf
the vessel, or other report (where any is recpiired) by which the imj>ortationoieuttt
thereof is authorized, nor unless the goods have been properly described insucheiitrT
by the denominations, and with the characters and circumstances according to which
such goods are charged with duty or may bo imported ; and any goods taken ordijiv.
ered out of any vessel, or out of any warehouse, or convoyed into Canada beyond the
jiortor place of entry, by virtue of any entry or warrant not corresiiondiii<,' withibc
facts in all such resjiccts, or not properly describing the goods, shall be deemed to be
goods lauded or taken w ithout due entry thereof, and shall bo seized and loifeitwl;
and the collector or i)roper officer, after the entry of any goods, niuy, on siisiiicionof
fraud, open and examine any package of such goods, in presence of two or niorecTttl-
ible witnesses, and if, upon exainiuation, the same are found to agree with thoeutries,
Ihey shall be repacked by such collector or projjcr otHcer, at the public cost, iiit
otherwise they shall be scsized and forfeited.

41). The quantity and value of any goods shall always be stated in the bill of cutty
thereof, although such goods are not subject to duty ; aud tho invoice thereof sLail
be produced to the collecter.

fjO. The surplus stores of vessels arriving iu Canada shall bo subject to tbe same
duties and regulations as if imported as merchandise ; but if the owner or master de-
sires to warehouse tho same for reshipment for the future use of tho vessel, tbe col-
lector may permit him so to do.

b\. Vessels entering the Gut of Annapolis may bo reported and entonid, andtbcdn-
ties on goods therein imported paid either at the port of Digby or Annn])olis.

5y. Vessels entering tho Great Bras d'Or aud Little Bras d'Or shall he rcjioited
and entered at such place as tho minister of customs may, from time to time, direct.]

53. If any goods imported by water, or partly by water aud partly by laiid.onl
on which duties (ad valorem or specitic or both) are i)ayal)le, receive damage (luring j
the voyage of importation betweeu the actual departure of the vessel in which theyl
are laden from the forei.'ju port of expor^•ltion aud the actual arrival of tho gocKUj
at the port of destination iu Canada, whereby such goods have become lessened inl
value, iin abatement may be made in the manner hereinafter provided in tho datyl
payable upon such goods, or in case duty has been paid thereon, a refund of a part ofl
such duty may be made proportionate to thie damage sustained ; provided the claiiii|
therefor is made in due form and i>roperly substantiatedat tho first lauding fromsiichl
vessel of the goods, and while they are ia tho custody of the Crown, or as hooii afiefl
such first landing as they can be examined; provided also, that such csaniiuatioiilie|
completed and certified by the collector of customs, customs appraiser, or other properl
ollicer, whoso duty it shall be to assess such damage within tea days of 8uchlaijdiiig.[

54. If any goods imported by railway, or by any other laud vehicle, on which dutial
(ad valorem, or specific, or both) are payable, receive damage during the course ofl
transportation, after th«y are laden on such railway or other vehicle, and before tlieyj
arrive at the Canadian port of destination, whereby ihey become lessened iuvahiej
an abatement may be made in tho manner hereinafter provided in tho duty payaUsI
upon such goods, provided the claim for such abatement is made in duo form ffitl!iii|
tcu days of tho arrival of such goods at the Ci'.nadian port of destiuatiou, aud sub-I
stantiated in the same manner as provided in the next preceding section. 1

55. The collector of customs or appraiser or other proper officer whoso duty it marj
be to examine and assess the amount of damage sustained oa voyage or in conrscoffl
importation, shall do so with all possible dispatch oa being notified to thatcffectJ
and shall certify to the, exact cause and extent of such damage with reference to th«l
value of tho goods in the principal markets of the country whence iuix)orted,8iidii(it
according to the value iu Canada.

5G. Tho collector or appraiser shall not regard as evidence of the existenceol
amount of damage any price realized at an auction or forced sale thereof, nor siialil
le estimate uor shall any damage bo allowed which may haveoriginate<l from decaji,r

RIGHTS OF AMERICAN FISHERMEN.

355

L „,mcs8 or otber caiiHO exiHtlug before tL;^ voyafjo couinionced, uii<
tiiiloieil the ^oodH unlit to vvitbHtand the ordinary risks of the voyaj

and wliicli may liavo
imilcreil tUo iiooiiH miuij uj vYiiiuontim mo uiviiiiui^ iibivd ui mo voyayoot importation,
fc r shall 111) uNtiniate nor shall any allowance be made for or duty refunded for rust
k iron or steel or any manufacture thereof, except on polished Russia iron and Can-
hlaiiliitca, and on such only to the extent of fiO per cent., nor shall any allowunco bo
Kadefurs'taiusor injury to any packages holding liquids, or the labels thereon, unless
Ipcouti'iitHof N"*-''i packages have, at the same time, received actual specific damage
iv the iuimixtiui) therewith of water or other foreign substance.
J*. L'lwii the collector or ajipraiser ascertaining the ])ercentag« of damage, such
jcniutajjo shall he deducted from the original value thereof, and duty shallthen be
t\ld and collected on sneh reduced value at an ad valorem rate which shall be
idiiivaleiit to the rate of specilic or specific and ad valorem duty which should have
l^i.,n,„| looted upon such goods if they had not been so damaged.

jfi. When any vessel isentered at the cu8toni-]'"rse at any port in Canada, on board

if ftliich there are any goods on which any duvy has been levied or collected or on

Itliich any duty has been deposited, and thereafter the said goods are lost or destroyed

Lluri; the same arc landed from such vessel, or from any vessel or craft employed to

luliteu such vessel, then, on proof being made on the oath of one or more credible

Viluc.'-sor witue8i>e8, bci'ore and to the satisfaction of the collector or proper officer of

Lcnstonisat the j)lace (who shaM administer the oath) that such goods, or any part

Smof (specifying the same), have been so lost or destroyed before the landing of the

Lie the duties on the whole or the part thereof so proved to bo lost or destroyed

' il'tiie same have been paid or deposited, bo returned to the owner or his agent.

I lit.'lt' any vessel liaving received damage puts into a pet in Canada to which she

iuot liuand, having dutiable goods on board, which it may be necessary to land for

; imrpose of i('])airing the vessel in order to enable lier to proceed on her voyage, the

iolkil()r, upon api)lieation of the master or agent, may permitsuch goods to bo unladen

1 (leiKiHite<l ill a warehouse in the custody of the collector; and the collector shall

to to bo taken an exact account of the packages and contents, and entry of the

Lils shall then be made by the master or agent as hereinbefore directed, and they

biillreniain in the custody of the collector until the vessel ."3 ready for sea, when ujioii

Javuient of storage and the reasotiahlo charges of unlading and storing, the collector

kail deliver np the same to the master or agent to bo exported or carried coastwise, as

■ ciii-e may lie, under the same security and regnlatiors as if such goods had been

kiiKirted in the usual manner, and without payment of duty. No person shall be en-

kil to the beiielit of this section who shall have sold any of sneh goods, except such

lit way have been necessary to sell to defray the expense of repairs and charges of

fce vessel, or as may have been authorized by the collector of customs ; and if goods

|i fold for payment of repairs and charges tJiey shall be subject to duty, and shall be

lardioHsed, ov the duties thereon paid by the purchaser.

m. Goods derelict, flotsam, jetsam, or wreck, or landed or saved from any vessel
rcAed, stranded, or lost, brought, or coming into Car.ada, shal' bo subject to the
Ime duties and regulation as goods of the like kiiiu imported are subject to.
[cl. If any iierson has in his possession, in port or on land, any goods, derelict, flot-
Im, jetsam, or wreck, the san 6 being dutiable, and does not give notice thereof to
leiiLiirest officer of customs witnout unnecessary delay, or does not on demand pay
lediities thereon or deliver the samo to the proper otiicer, he shall forfeit $200, in
Iditiou to all other liabilities and penalties incurred by him, and the goods shall be
lizcd nud forfeited ; and if any person removes or alters in quantity or quality any
Ichiioods, or unnecessarily opens or alters any package thereof or abets any such
Itkfoic the goods are deposited in a warehouse under the custody, of the customs
prs,he shall, in addition to all other liabilities and penalties incurred by him, for-

If the duties on such goods are not paid within eighteen mouths from the time
fieii the same were so delivered as aforesaid, the same may bo sold in like manner
Itor the same purposes as goods imported may in such default be sold; if they are
ilfornioro than enough to pay the duty and charges thereon, the surplus shall bo
fcilovtr to the person entitled to receive it.

M. All goods exempt from duty as being imported or taken out of warehouse for the
(of Her Majesty's troops, or for any purpose for which such goods may bo imported
Kdfduty, sliall, in case of the sale thereof after importation, become liable to and
[cliarged with the duties payable on like goods on their importation for other pur-
'fs; and if such duties be not paid, such goods shall bo forfeited . and may be seized
J dealt with accordingly.

In all cases where duties are charged according to the weight, tale, gauge, or
lasnre, such allowances shall bo made fortare and draft upon the packages asmay bo
piited i)y regulation made by the governor in council ; but when the original in-
|cptii'any goods is produced, and a declaration of the correctness thereof made as

natter provided, the tare according to such invoice shall be deducted from the

350

RIGHTS OF AMERICAN FISIIEKMKN.

iiiari

f;r<)88 \vcij;lil. •.(' tlici n'liods instcail of llio iillii\Viiiii;fH iifort^Hiiid ; miIiJccI, lnny,,,.,,^ |
8iicli rmtlioi it^jjiiliilioii iiH fli(' <fi)vciii()i' ill ( oiiiicil iiiiiv, from tiiiii^ to' limi', mjii^,, '

(if). Tim collector or any iil>|»rai.s(',r iinihu" tlilM act, may takr isaiii|(lr,s utanv mmii
iiiil>ortc(l, for tlio purpoMo of awciTtaliiiiiK wlicllurr any and wliat tlntirs ;iri' hiiyni,
oil Hii(;li goods, and biicIi HuniplcH Hliall bo diHi^oBod ol' as tlio niinistcr of oiisioms
diri'ct.

<iii. Tliii (fovernor ill council may apjioint one or more apprainciH, to bocailcilf),
million ciiHtonis aiipraiscrs, with juriMlic^tion at all jiortn and placcH in (,';iii;i(l;i' ai!,!
iiiny also appoint <UHtomH appraistTH with jurisdiction af siicli porta and iiliKiJi
(.'aiiada as iiiiiy bo dcsijfnatcd in tlic order in council in tliat hclialf; and im h sm
iippraiscr sliall, before actiuj; as such, take and Hubscrihe the foUowiiiL; oaili iii'nilid
ipcJore. any ccdlector or other person duly aiithori/.ed to administer sucli ojiili;

"I, A. U., having been appointed an appraiser of j^oods, wares, and iiicii'lminlijj

and 1o act as sneli at the ]iort. of (or as the ease niay be,), do hiiloiiiiilvMvcaJ

(or allirm) that 1 will faithf;;'Iy iicrform th(\ duties of the said ollico williontMil
lialily, fear, favor o)- ali'ection, and that I will ajipraiso the value of all jjdiuls subT
milted to my appraisement aceordinj; to the triit^ intent and ineaniii;^ of tlio lawsjui
pobintf duties ol' cust(tms in this Dominion; anil that I will use my Itcst fiidoavoif
to prevent all fraud, suliterfuj^e.or evjision of the said laws, iind more I'sin'cially
detect, expose, iind friistrate all atteii |>ts to undervalue iiny {;ood8, warvs, or m
chuiulise on which any duty is chargeable. So help me God."

A. B.

help
Appraiser for

wt

"Sworu before me, this

(as the case may lie.)

IS ." (as the case may be.)

(lav

ill. If no ajipraiser is appointed in .'uy port of eutry, the coUector there shall aJ
as appraiser, hut without taking any special oath of oihce as such ; and llic miiiisiil
of customs may, at any time, direct any apnraiscr to attend at any jx-rl or |ilaif lil
the purpose of valuing any goods, or of actinji as appraiser there iluiin;,' aiiytlmii
which such apjiraiser shall accordingly do without taking any i.ew oailioi olli(c;aJ
every ai)prai8er sliall be deemed an officer of the customs.

iiti. Where any duty ad valorem is imposed on any goods imported iutoCauiida.tlil
value for duty shall be the fair market value thereof, when sold for ImiiKi ciHisumii
lion, in the principal markets of tUe country whence and at the f iiiie when tlit m\
were exported directly to Canada. ,

()9. Such market value shall bo tlio fair market A'alue of such goods in tlic iisiiJ
and ordinary commercial acceptation of the term, at the usual and onlinuiy cwlij
iiud not the cash value of such goods, except in cases in which the artici ' iniiinriiii
by universal usage, considered and known to be n cash article, and so bona tide pai]
for ill all transactions in relation to such article; and all invoices represoutin;' cas
values, except iu the special cases hereiubelore referred to, shall be suhjoct to siicl
additions as to the collector or appraiser of the port at which they are p resell Itilni^
appear just and reasonable, to bring up the amount to the true and fair market valm
as required by this spction.

70. Where a drawback of duties has been allowed by the goverunieut of tbccoiMti
■where the goods were manufactured, the amount of audi drawback shall be tatej
and considered to be a part of the fair market value of such goods ; and in eases wb
the amount of such drawback has been deducted from the value of such goods if
the face of the invoice under which entry is to be iria<le, or is tiot shown tliemii
the collector of customs, or proper otlicer, shall add the amoiint of such ilediiction^
drawback and collect and caut* to bo j)aid the lawful duty thereon.

71. No deduction of any kind shall be allowed from the value of any uoods i^
ported into Canada because of any drawback ]>aid or to bo paid thereon, or beciiM
of any special arrangement between the seller and purchaser having relweiicetntll
ex])ortatioii of such goods, or the exclusive ri^^ht to territorial limits for tiii'*
thereof, or because of any royally payable ujiou patent rights but not iiayabli|»l»
goods are jmrehased for exportation, or «>u acctmnt of any other considerHlinu •
which a special reduction in price might or coul.l bo obtained ; provided tliatnolj
jug herein shall be understood to ap))ly to general tluctuations of inarUet valma.

72. No deduction from the value of goods contained iu any invoice shall beallowj
on account of the assumed value of a package or packages, where no cliarj;i!for8a|
package or packages has been made iu such invoice ; and where such cliari;ei
it shall be the duly of the customs officer to see that the charge is fair and reasnnii)|
and represents no more than the original cost thereof.

73. No deduction from the value of goods in any invoice shall he inado on afcij
of charges for packing, or for straw, twine, cord, paper, cording, wiring, or wtN
or for any expense incurred or said to have becu incurred iu the prepaialioin

RIGHTS OF AMERICAN FISHERMEN.

357

uckiii" ••' K"'"!'* ^'"'' ^*li'l'™*^"*' ""'^1 "^' s"cli chargL'H aud expenses shall, in all cases,
lisinclmli'il iiH |>firt ofllio valuo for duly.

■\ ihn ^'ovcnior .11 conucil iiiiiy provide that in the cases and on the conditions to

' iiiniiiiiicil ill lliiMirder, goods liona lido exported to Ciiuada IVoiii anj country, but
•,i„ ,„ irciixilii ihrougli anoihcr country, shall lie valued lor duty as if they wore
I i,Pi"(i{lii('('lly 1m)ui such tirist-nii'utioui'u couatry.

:j. Till! '*ti""l'"''''^ '"' iiistrunu'Uts liy wliich the colors and grades of sugar are to ho

,ii'|.il,.il, jiiid llu! clii.-ss to which sugars shu 11 he held to Ixdoiig, with reference to duty
tliar"i'atilnlli<'i'<'""' shall he selected and furnished fnjui time to time to the collectors

I'siilli liorts (if entry as may he necessary, hy the minister ot customs, in such niau-
lieruslH' iiii'.V deem expedient; and the decision of ihe ajijiraiser, or of the collector
ifaiiort wliere there is no appraiser, as to the class to which any sugar belongs, and
Ijiciliifi''** '" ^^'l''t''' 't is subject, sliall be dual and conclusiv*', unless upon appeal to
IlKcniimiiss'oiier of customs, within thirty days, such ilecision be, with the approval
kfilii' iiiiiiister, changed; the decision of the c(ninuissioner, with such approval, shall
Ibriiliolimil.

;ii. All ca-M -Juice, siruj) of sugar oi* of sugar-caue, mclado, concentrated melado
IrcouiTiitriitei; iiiohisses, enleied asniolai-ses, or under any other miine than cane-juice,
liriiiKif siiKiii" "1 <d' sugar-cane, niilado, concentrated melado, or concentrated nio-
|a,>scs, shall lie sci ?cd and forfeited.

", The value, for duty on which any ad valorem duties on sugar, molasses, melado,
kniiiof sugar, or sugar-cane, Biruj) of molasses or of sorghum, concentrated melado
fcrtonwntiated molasses, and sugar candy, shall, unless otherwise provitled, bo cal-
[nliitwl and taken, shall include the value of the packages containing the same, and
lliifihippiiig and other charges on such articles; and the value for duty shall be the
jialucof tije goods " free on hoard," at the place or port whence last exported direct
loCaiiada; and the governor in council shall have power to declare what charges
ihali lie included in such value so delined.

7i*, Tlio jjovcrnor in council shall have jiower to interpret, limit or extend the
BMuiiig of the conditions upon which it is provided in any act imposing dulii^s of
tiisKims, thai any article may bo imported free of duty for special purposes, or for
fcaMidilar idijcicts or interests ; and to make regulations either for declaring or tlelin-
lucwhiit cases shall come within the conditions of such act, and to what objects or
Inicii'sts (if an analogous nature, the same sliall apply and extend, and to direct the
fcavmciit <ir uon-paynicnt of duty in any such case, or the reniissiou thereof by way of
[iniw'jiic'k if such duty has been paid.

;;!. ll'tlio iinporter of any goods whereon a duty ad valorem is imposed, or the per-
(iiiiautiiori/eil to make the declaration required with regard to such goods, makes

ilMibticrilies a declaration before the collector or other proper otlicer, that ho ean-
fcdl, lor want of full information, make perfect entry thereof, and takes the oath in
Inch cases provided, then the collector or officer may cause such goods to be landed
pa liill of sif^ht for the packages and parcels thereof, by the best description that
aiilH!giv(5n, aud to be seen and examined by such )»erson and cat his expense, in the
|reieiiio of the collector or jirincipal oUieer, or of such other olliccir of the customs as
llial! III! apiKiiuted by the said collector or other iiroper oflicer, iiiid to bo delivered to
pii pcrsdu, (in his depositing in the hands of the collector or otlicer a sum of money

"cirat in tlio judgment of the collector or oliicer to pay tlio duties thereon; and if
Ihu imiinrtcr does not complete a perfect entry within the time appointed by the col-
lttior,tlic money so deposited shall bo taken and held to be the duty accruing on such
loods, and shall be dealt with aud accounted for accordingly.

JWI. Such f iglit entry may be made as aforesaid and the goods may be delivered, if
[nili importer or [lerson as aforesaid makes oath or atUrms that the invoice has not
1111(1 cannot bo produced, and pays to the collector or proper oflicer aforesaid a
Him lit' money sntiicient in the judgment of such eoHcctor or otlicer to pay the duties
|n«ii(li goods, and such sum shall then bo held to bo the amount of the said duties.

:1. Except; only in cases where it is otherwise provided herein, or by regulation of
lliiigovcrnor in council, no entry shiill be deemed perfect unless a sntticient invoice
If tlio goods to bo entered, duly certilied in writing thereon as correct by the person,
■nil, and corporation from whom the said goods were ]mrchascd, has been produced
Vibe c(ilIector aud duly attested as required by this act.

[82. With the bill of entry of any goods there shall bo )>rodnced and delivered to
Indlcft with the collector an invoice of the goods, as provided in the next preceding
Viioii, attested by the oath of the owner, and if the owner he not the person enter-
fag such jioods then verilicd by the oath of the importer or consignee, or (subject to
jkciirovisioii hcieinader made) other person who may lawfully make such entry and
jerily 8uch invoice in tlio form or to the v.iW ct of the oath or oaths jirovided or to he

"ovidedby order in council in that behalf, which oath or oaths shall he written or
Irinted, or partly written and iiarlly printed on such invo , or on the bill of entry
iMtlwcasc m;iy be), or shall be annexed thereto, and shall in either case distinctly
Tifirtosuch invoice so that there cau bo no doubt as to itsbeing the iuvoico to which

358

TIIOIITS OF AMERICAN FISHERMEN.

sncli oath is inlPiided to apply, and sliall lio Biibscribed by the party iiiakinff it yl
ccrtillt'd by tLo Hiynaturoot' tbo porHon boforo whom it Ih mado; and tliol)illofei,|„|
uliallulso contain a Htatemont ot'llio quantity and valno for duty ofllit! H'WHlstlirrt^l
nu'ntioiiod, and NJiall lio Hiyned l)y this person nialtinj; tho tintry, and hIiiiI! bcvniJHl
In tlio form or to tlic, cttVict of the oath provided or to bi^ provided by <ii(l(TiiKoiiiitf|
in tlnit Ix-balf

Hit. If I liero l)<i more than ouo owner, importer, or conaiKHco of any ^00(18, «iit 00.1
of tlieni (M»j;ni/,ant of tlio factn may take tlio oatli required by thin aiit; ami HiirliiiaiJ
sliall l)n Hullicicnt nnlesH tbo goods liavc not been obtained l)y purclias(( in tiiefiril
i)ai;\»way, and sonio owner rehident out of Canada is tlio nnmufaeturer or priHlnwrojl
tho goodH, or eoneenHul in the manufacture or production thereof, in wliich fadeilid
oatli of Miich non-rcHi<lent owner (or one of tiicni, if tin^robe niorothan oius) cognizantl
of the fact Mliall bo re(iuiHito to tho due attcHtatiou of the invoice.

81, Tlio invoice of any goods produced and delivered to the collector witli the 1,..
of entry thereof, niUMt, it required by the collector, In; attested by the oatli nf ihil
owner or one of the owners of such goods, and must be verified also by tlio oatli oJ
the iiniiortcr, or consignee, or other person wIk) tuny, nndcr this act, lawfully maiJ
entry of such goods and verify such invoice, if tho ownt^r or one of the owners isnotl
the person entering such goods, and must also, if required by the collector, ho atlcstedl
by I he oath of the non-resident owner being the nianufiictuier or producer of smIiI
goods, ill tho case mi-ntioned in the next preceding section, althonirli onoufthil
owners Vie tho person entering the goods and verifying the invoice on oiitli. I

H.">. If theownei', importer, or consignee of any goods ha dead, or a liuiikriipt.orl
insolvent, or if for any cause his personal estate be administered by anotberperMDl
then his executor, curator, administrator, or assignee, or person adniinisterinjail
aforesaid, may, if cognizant of tho facta, take any oath and nwikc any entry wiiitJJ
snch owner, importer, or consignee might otherwise have taken or nl■•^tl(^ f

H(). No evidence of tbo value of any goods imported into Canada, or taken oiitnfl
warehouse for consnmptiou therein, at tho place whence and the tinio when tbcysJ
to be ileemed to have been exported to Canada, contradictory to or at variance wiilJ
the value stated in tho invoice produced, to the collector, with the additions (if ,invj
made to siuli value by the bill of entry, shall be received in any court in Canada. 1

H7. Any oath re(|nired under the provisions of this act connected with tLeentrToi
goods may bo made in Canada before the collector, subcollector, surveyor, or chief
clerk at the port where the goods are entered, or if tho person making suck oatli i
not resident there, then before the colh'ctor or proper oflicer of sohh) other port; a
when such oath is required to be mado out of the limits of Canada, it may he iiwdtai
any place within the United Kingdom, or at anyplace in Her Majesty's possessinin
abroad, before the collector or before the mayor or other chief municipal ofHcer of th(
jilace where the goods are shijiped, or before a notary public, and at any otb-ir plw
belbre a British consul, or if there bo no Britibh consul, then before a foreign consii|
at such place.

88. 'Jhe commissioner of customs or other person acting as deputy bead of tli^
departiiKMit, and all oflicers holding under order in council the rank of chief clor
of the in.si<le servietj in tho said department, and all duly appointed iuspectorao
of customs ])ort8, shall, by virtue of their office, have full authority to administer aH
oaths and receive all affirmations and declarations required or authorized by thisacJ
and the governor in council may, from time to time, liy regulation, apiioiut nrdesiJ
nato such other and additional persons, ofticers, or functionaries, as be sees fit, br
name, 01 by their name of oflico, and in Canada or out of it, as those before wbojl
such oaths may bo validly taken, and may, by any order in council relax or disiiens^
with the provisions of tliis act touching such oaths, in or with regard to goods io
ported by land or inland navigation, or to any other class of cases to bo desigiiatei
m such ri'gnlation.

HI). No person other than the owner, consignee, or importer of the goods of whifl
entry is to bo made, shall be allowed to take any oath connected with tbe entry, nni
less there be attached to the bill of entry therein referred to, a dec'uration byilr
owner, consignee, or imiiorter of tbo said goods or his attorney and agent diilyaw
[pointed to transact business with tho collector, pursuant to the provisiouHiulhatb^

alf of this act, to the same ellcct as tho oath, distinctly referring to tho iuvoicop
eeuted with snch bill *)f entry, and signed by such owner, importer or consigueo,!
l\V bis attorney and agent appointed as aforesoid, either in presence of tbe agfj
making the entry, who shall attest the signature, or of some justice of tbo peace r
notary public, who shall attest tho same.

90. .Such declaration shall be kept by tbo collector; and if there be any will
false statement in sue li declaration, the goods shall bo li.ible to seizure and forfeilMj
in tho same manner and with the name effect as if such false statenieut were iw
taincd iu the oath, and the person making such false statement shall be subject to g
same penalties, torfcittires, ami criminal punisliments as if he had hitnself taken till
oath ami had made such false statement therein ; but such written declar.iiion Ml

I

niGHTS Of AMERICAN FISHERMEN.

tm

u (lisppnscd with under the order of tlio governor in conncil, wl-.-^re It may be dccnird

advisable) in tlie iiifercst of conimorce, to dinponNO therewith.

1)1, Tho jjovenior in council may prescribe the forms of outliH rccpiirt'd under thin
[act. SiK'li 'i'>'<"^ "I'K^ from time to time be rept-aUMl or aiiiciHlcd, iiiid tht\ (nrnis of
joailisiiiitiit'iiz''*' by sfatuto or by the t;overnor in council at the time of tiie piissinfr
[jjlliisjictHliiill continue to be the autlioriztidformH until aUereil ordispenned willi by
1 the gov'Tiior in council.
?i. If iiiiy jiefHon nrnkcH, or sendn, or briiign into (Junada, or causcH orauthorizcH the
nakin;;, w'lKliiiK' "t' brin){iiiK •"**• Canada <if any invoice or itajtiT, imed or intetided
(to Im; iis(u1 »** ii'i invoice for ciAtomH ])nr|iOHeH, wiiercin any ^(kkIh are entered or
lebari'ed iit u ieH» price or value tiian that actually charged, <u' intended to be ehar>;ed
Ifortlit'ini nil price * r Hum of money nhaU be recoverable by Hueh perHon, hiH aswigUMor
jrepri'scntutives, liir the |)rice or ou account of the purchase of hucIi t;oodH, or any jiart
[oltlii'iii, or oil any bill of cxclia:iKe, note, or other Hccurity (uIll(^sH in the liauds of an
linnocent liohhir for value without notice), made, nlven, or exe<Mile(l for the price «)f
loroiiac'coiMit of the purchusc of Hiich goods, or any part of such price.

9;i. Tlio iireduction or jnoof of the existence of anv other invtuco, ac(!onnt, docu-
Inii'ut or iHipiT niad(! orsout by any person, or by his ai. 'liority, wherein goods or any
[of tiii'Ui ari) cliarf^ed or entered at or mentioned as beaniig u j;reater price than that
ImIiiImiii tliein in any such invoice as m the next prccedinji; section mentioned shall
iliijprimii /«c'c i'vidence that such invoice was intended to bo fraudulently used for
|cii>tiiiiiHiinr|iosc.s; but such intention, or the actual fraudulent use of such invoice,
iniay 1mi proved by any other legal evidence.

114, Any importer of goods into Canaila, or any person on his behalf, who shall pre-
Ijeiit or cuuHO to bo presented, with intent to make entry thereunder, any false or
Ifraniinliut invoice, such as described in the two next preceding sections shall be sub-
liiTttiiapinalty e(|nal in amoinit to +ho value of the goods represented in such in-
|voice, aud the goods shall also be seized and forfeited.

!I5. The collectors of customs at all ports in Canada shall retain and i)ut on iilo,
jiflcriliily Ntaniping the same, all invoices of goods imported at such jtorts respect-
tivdy, of which invoices they shall give certitied copies or extracts, whenever called
JBpoii 80 to do by the imiiortors, aud such copies or extracts so duly certified by the
jtolli'i'tor or other proper ofliccr, and bearing the stamp of the custom-house at whicli
llioy arc liieil, shall be considered and received as authentic, and the collector shall be
Mlitlt!'! to demand for each certificate a fee of ."iO cents before delivering the same, but
|u 110 caiio shall nu luvoico bo shown to or a co|>y thereof given to aiiy person oilier
Inn the said importer, or an oflicer of customs, except upon the order or subpiena of
l|irop('rcoiu't.

IK), Any appraiser, or any collector acting as such, or the persons to bo selected as
loniiiaftcr mentioned to examine and appraise any goods, if the importer, owner,
w)usij,'ni'r, or agent is di,jsatisficd with the lirst appraisement, may call before him or
Ibcra and oxaniiue upon oath any owner, imimrter, consignee, or other person, touch-
liijjany matter or thing which such appraiser or collector deems material in ascer-
lainin); tlio true value of any goods imported, and may require the prodnction on oath
If any litters, accounts, invoices, or other papers or account-books in his possession
islatinj; to the same.
'Si. If any person called, as provided in the next preceding section, neglects or ro-
fesesto attend, or declines to answer, or refuses to answer in writing (if required) to
loyinlcnogatorics, or to subscribe his name to his <lepositiDn or answer, or to jiro-
liccanyBueh papers or account-books, as provided by the next ]>recediug section,
piiHi rei|uiicd so to do, ho shall thereby incur a jtenalty of $50 ; aud if such person is
Ihe owner, importer, or consignee of the goods in question, the appraisement which
11)1' appraiser or collector acting as such shall make thereof ehall be linal and con-
lliliiive. '

|M, If any person willfully swears falsely in any such examination, and ho is the
imer, importer, or consignee of the goods in question, they shall be seized and xor-
^ted ; and all depositions or testimony in writing taken under either of the two nex*
ftcediiif,' sections shall bo filed in the ofiQco of the collector at the place where the
jMicare made or taken, there to remain for future use or reference,
|9ti. If the importer, owner, consignee, or agent, having complied with the roquire-
lentsof this act, is dissatisfied with the appraisement made, as aforesaid, of any
^thnoo(ls, ho may forthwith give notice, in writing, to thecollector, of such (lissatis-
Ktiou, on the receipt of whicli notice the collector shall select two discreet and ex-
pnced persons, familiar with the character and value of the goods in question, to
faininii and ap])rai8e the same, agreeably to the foregoing provisions; and all in- .
pices, entries, aud other papers connected with the appraisement, and all evidence
Mifii by or before the appraiser or collector of customs acting as such, and by or be-
ftliesaid persons, shall bo transmitted without delay to the commissioner of cus-
•'«, wliu, alter due examination of the same, shall decide and detcnniue the proper

3no

mOTlTS OF AMERICAN FISITRRMRN,

rat)* aiifl aiiioiiiit or<liity to Ixt collected anrl \n\U\, iiikI IiIh deciHioii hIiuII Iw fj^gi ,o|
coiuliiHivc, uikI tli« (liity hIuiII bo li'vied (iiid collrctc*! iicconliiij^ly.

100. Ill . iiii'l ir'TMiiiiM ii|>ii()iiitf(l to iii>|iraiH(i hIiiiII ••acli lio cnliflcd to tlieiiiiii,,j|
$r>, ;o lio jiiiid liy tlic imity <liHNat islictl with the (irnt n|>i)niim"iiuMit, it' tlio viiliif^l
eertaiiH'<l iiy tlio Nccoud ii|i|ii'aiKeiiieiit Ih i'i|iial to »)r greater than that iiM('('rtaiiic(||»|
HiK.'li DinI n|i|iiiiiHeriiciit or il the value nhcertniiied by niicIi Hceoiid a|)|ii'iiiw'iiif.|itM.|
eeedn by 10 per <'(Mit , or more, the value of (he j^ooiIm lor iliity, an il woiilil iipw^J
by the iiiV'iii I' and bill ot entry ther4'of; olherwiKe the Hame hImiII liejiaid liytln'coj
lector out ol'aiiy |)iii>li(^ inoneyH in liiN liandH, and ehiirp-d in IiIh accoiiiits,

101, Any ]M'iMon ehoHen triniake an niipraisenient re(|iiired niider this art wlui, gfi^l
diKMiot.iee of Hindi idioiee lia.s been ^iven lo him in writing, declines nr iiiMr|J,.|,,J
make Hiirli appraisement, shall, for no rtd'iiHin,:; or iiegleciin)r without ^^ond uiiil »iif.|
tieicnt cause, iiiciir a (leiialty of $10 and eost^. I

10"2. If in any case the true value for duty ot any j^oods, as linally diti'niiiiii'diinjftl
this act, or as detcrmii'^1 in any action or ]iroci>edin}; to recover nupuiil ihili('<i ci.l
ceeds by 'JO ])cr c»!iit. or more the value for duly, as it would appear by tlin hill ofl
entry thereof, thc-n in addition to the duty i)ayal)le on such floods, wlicn iiroiHTl;!
valued, there shall be h^vied and collected upon the same a sum c(|iial to oii(i-lialfofl
tin* duly so payable ; and in case the owner or importer refuses or ne;i;ie(itsti)imytiiel
Raid tliily and additional sum, the K<>"ds may be seized and forfeited. I

10;{. 'I'lie collectr»r may, when he deisms it ex]>cdient for the protection nf tkn'rJ
eiiiii! and the fair tra<ler, Hiibjcci always to any re;;iilations to be inado liy tlic KotT
crnor in council in that behalf,detaiii and (Miise to bo properly securtd, aiid mav ail
any time within lifteeii days declaro his option to take, and may take, lortlm (jronil
any whide package or packaf^es, or separate and distim^t parcel or iiiircel.H, or titl
whole of the goods mentioned in any bill of entry, and may jiay, whin tlK'niinlofrl
quested, to the owner or person entering the same, and out. of any public iiidiieyn iil
the hands of such collector, tlie sum at which hiicIi goods, jmckagcs, or inirci'ls anl
respect ively valued for duty in tho bill of entry, and lOper cent, thereon, mid iilmiiiiel
fair freight and charges thereon to the port of entry, and may take a receipt furonchf
Hiiin and addition when paid.

KM. The goods taken as jtrovided in the next preceding section, shall (wliotlicrpajJ
iiient be r<'(|iiosted by tho owner or person entiiring the same, ( not) l)('ii)ii|;totlie|
(y'rown from the time the^- aro so taken as aforesaid, and shall be sold or otliiininl
dealt with in siudi niannor as shall be provided by any regulation in tliiit licliall, o
as the minister of customs shall direct ; and tho not proceeds of the sale of any aiitbl
goods shall lie applied lirst to the repayment to tho consolidated rcvtMiuo fund (if tin
sum so paid to the owner or person entering siiidi goods, and tho remainder to orto-
wards the ]iaymcnt of the lawful duty on the same.

10r>. If the net prociicds of any Huch Halo exceeds the amount paid as afnro»i,iilM
the goods, andthe amount of duty legally acc^rniiig thereon, thcnaiiy jiartof thosniJ
pins, not exceeding 50 piir cent, of such surplus, may under any regiilatiniioronlfr
of the governor in council bo paid to the collector, appraiser, or other oUicer coiiceruml
in tho taking thereof, as a reward for his diligence.

KM), 'I'he collector shall cause at least one p.Lh.-.;;o in every invoice or entry and alj
least one ]iackage in ten, if there ho nioro than ten, in any invoice or entry, atdt
many more as he or auy appraiser deems it expedient to examine for the iirotcclioi
of the rcvonne, to bo sent to the examini'ig warehouse, and there to bo ojipncd, fi<j
onilned. and appraised, the packages to bo so opened being designated by the i
lector.

K)7. If any goods aro found in any package which aio not mentioned in tho invoit^
or entry, such goods shall bo seized and absolntidy forfeited.

lOH. If any goods are foniid which do not correspond with the goods desciiliodinti
invoi(;e or entry, or if tho description in tho invoice or entry has been made lor th
jinrpose of avoiiliiig payment of tho duty or of any part of the duty on sucli (;oodii|(i(
if in any entry any goods have been lUKlervalned for such purpose as aforcnaiil, snci
goods shall be seized and forfeited.

109, If tho oath made with regard to any entry is willfully false in any iiarticiilaH
all the packages and goods included or protended to be iuclnded, or which ought If
have been included in such entry, shall be forfeited,

1 10, All tho jiackages nieutioned in any one entry, although soiik; of such patkagi
may havo been delivered to tho importer or any one on his behalf, shall IwHiibjectll
the control of the cnstonis authorities of tho port at which they are ciitcivd, null
Biich of tho packages as have been sent for examination to the exaniinin;^ warflmii^
shall havo been duly examined and approved ; and a bond shall be given by tho*
porter, conditioned that the packages so delivered shall not be opened or iiniwtN
iiefore the package or packages sent to the oxaniining warehouse shall have b(H!iirt|
aminod and passed as aforesaid, J

111, Any package delivered without oxamiiiation, or the goods, if lawfiilKnj
packed, ahalJ, if required by tho collector of customs, be returned to the custoiuliui'

'''Iff

KIOIIT.S OP AMEHICAN fisiieumen.

361

williinHiicli liiiwtiiH umy !•« montiniied iii tho bond, undor tli« torfoitnreof the penalty
Lf 4iirli bdiiil : provided, that the collector hIiiiU mho dno<lili^cncc in caiming ttuchox-
liiiiiiiutiiiii l'> •>« niiidc, iiitd may, if he hcch no objection, |iirniit tho rcniiiininj; piickuKes
III hi' DpiiH'il and iin|iiicked oh hooii as thosn Hcnt to tliu wnrehouMe have been oxaiiiinod
mill iipprnvcil.

11'.'. Till' l«>ii(l mentioned in the two ni^xt iirecedin^ Hectionn may be a Kenoral bond
(ovitIiil' iIio •'DtriiiH to be nnuh) by the impoi'ter for a period of twelve moutliH from
iimlati', nii'l ">*< |i«>i>il Hom nball beeipial to the valneof tho lar^eHt inijiortation nnitle
livltitHiiiporti'i' in (|ii(!Htion at any one time dnrin^ tlu) twidve niontliH next iinnin-
liiiU^lv pri'<'<'<t>»^i <"' it' Mnch importer huH made no importationH by which, in the
opiiiluii iif till' collector hocIi penal nnm can be properly lixud, the collector Hhall tix
till' iiMiniiiit thereof at Hncdi Num uh he decmN eipiitable.

||;t. Tim burden of proof that the jiroper «lutieH payable with respect to ajiy goodH
lavii lii't^n jmid, and that all the re(iniremcntM of thiH act with re);ard to the eniry of
iiiv f,imU liavo been com]>lie(l with and fnllilled, Hhall, in all cnacH, lie upon thu
iiarty wliiii'i' duty it was to comply with and fuilill the Name.

HI. Till! governor in conm^il may, by rej;nlat ion, direct that after any KOodN liavo
Wen I'litiTt'il at the cuMtom-hoiiHe, and before the sannt are diMchargcd by the otttcern
aiKlili'livi'ri'il inlothecMNtody of tint im|)iirteror his ap^nt, Hnch ^ooiIn Hhall be marked
iin«tniii]it'(i in HHch a manner or foini an uniy Im directctl by nntdi rej;nlation for the
wdirily of the revenue, and by hucIi otlicer ns may b(! directed or ai)pointed for that
|piir|H)8i'.

li'i. When any person lias occaHion to reniovo from any port of entry to any other
Ipiirt iir place, any ^ooils duly enti-red, and on which the duti(!.s imposod by law have
lliiiii iwid, the collector or principal oflicer of the (suHtomH at Huch port on the reipiiHi-
Itimi ill writing of such perHon, within thirty days after the entry of Huch jjoodH, speci-
ifvin^'thc particular jfood.s to b(! removed, and the packajjCH in which such goods arc
[fiiiitiiimd with their marks and nunibrrN, shall give a i)crniitor cerlilicate in writiu};,
i>i;'iiiill)y him, bearing date of tho day it is made, anil containing the like i)articu-
Iks, aiid' certify iug that such goods have been (Inly entered at such jtort and (In*
|<liiiii'S|iaiil thereon, and stating thu port or pla(;e at which tho same were paid, and
port or place to which it is intended to convey them, and the mode of conveyance,
linil the period within which they arc intended to be so convoyed,

llii. I III) warehousing ports already cstiiblishcd and such ports of entry as tho gov-
loiiinriii roiincil niiiy from time to time ii])]'oint shall be waitdionsing jiorts.

". Thu importer of any goods into Canada may enter the sann* for exportation,
lo!i;,'iviiigH('cnrity by his own bond with one stiflicient security, for the exportation of
llliewuni' {foods, or may warehouse the same on giving such security by his o\vti bond
jliir till) piiynu'iit of tho amount of all duties on such goods, an<l the performance of
iall till) iiMpiireinents of this act with regard to the same at su(di ports or i>laces as
jalori'wiid, and in such warehonses, and subject to such rules iiiid regulations as may
■ 'fniiii time to time appointed by the governor in council in that behalf, tho pcnuilty
|ol' the said bond to bo double tho amount of tho duty to which such goods are subject.
W. During the regular warehouse hours, and subject to such regulations as the
Ifolititoror jtropor oSicer of customs at any warehousing port sees tit to adopt, the
lowuerof any warehoused goods may sort, pack, repack, or make any lawful tirrange-
pents respecting the goods warehoused, in order to the preservation or legal dis-
Ipiisiii thiTLof, and may take therefrom moderate samples, without present payment
lol'iliity or entry.

lilt. The owner of any wareliousod goods may remove the goods under the authority
Icf tbo collcotor or proper otticer from any warehousing port to any other warehous-
linnport ill Canada, or fio;n one Avarehou'so to another in iho same port, under good
|»iiiUntlicieiit bonds to tho satisfaction of such officer.

I'-'d. Upon entry of goods at any trontier port or customhouse, under tho authority
j«iul with the sanction of tho collector or proper oflicer of customs at such port or
|;ii8toiii-hou8(', and under bonds to his satisfaction, and subject to such regulations
las limy be made in that behalf by the governor in council,- the importer may pass tho
|kiio(1« oil to any port in any other part of Canada.

I 1'21. No transfer of the property in goods warehoused shall be valid for the jiurposes
jof this act unle.ss tho transfer bo in writing signed by tho inijiorter or his duly autlior-
jized agent, or be made by process of law, and unless such transfer be produced to tho
liolleetor or other proper otticer of the proper port and be recorded by him in a book
jtoliokept lor that purpose in tho custom-house. No such transfer of less than a whole
|Pjickai.'e shall be valid, and no more than throe transfers of the same goods shall bo
|fillowed before entry thereof for duty or for exportation.

Iti. Upon any such transfer of goods in warehouse being legally effected, as before
Fovided, the proper otlicer may admit new security to be given by the bond of tho
liii'w owner of the goods, and may cancel the bond given by the original bonder of
JKh goods, or may exonerate him to the extent of tho new security so given ; auU

fttGHtS OF AMERICAN FtSIIERMfeN.

^

I'i 1 t

f^,

i r

the now owner of any such goods shall tbcn bo doomed to be the importer thereof foil
tho iMirpoKCH of tbia act. I

l'^;{. All warcbouHed goods sball l>o finally cleared, either for exportation or Iiijim I
consimiiilioi), within two years from the date of the first entry and war«lioiisiiu|
ilicreot; uinl, in (bfanlt thereof, tho collector or proper otMcer may well sucbjl
for till! iiayniciit, first, of tlio duties, and, secondly, of the warehonso n^it iiudoibetl
clijir^jiN; an<l tlu! s ir|)lnM, if any, shall bo pai<l to tlie owner or his lawful ageut; audi
tbo colleetor or proper oflicer may charge or authorizo the occupier of the warchouad
to cliargo a fair warehouse rent, subject to any regulation uiado by tho governor in I
conniil in that behalf.

121. The eoileetor may, if ho sees no reason to refuse such j)ermis8ion, permit ail
imporic^r to abandon to the Crown any whole package or packages of wareliousedl
goods, without being liable to pay any duty on the same; and the saniONliall tlicnbd
sold and the proceeds shall belong to the Crown, ;irovided, that if siu li goods caj-f
not iio sold for a sum sulhcjent to pay the duties aud charges, such goods shall not!
bo sold but shall be destroyed.

I'^J"). The governor in council may, by regulation, dispense with or providt- forthej
ranr«'ling of l)onds for the payment of duties on goods actually deposited in (icas.!
toms warehouse, on such terms and conditions and in such cases as he thinks proper, [

l'2t). It shall not be lawful for any person to unike, or any ofiicor of customH tu at J
eept, any bond, note, or other document for tI;o pnr]:oso of avoiding or deferring th«|
actual payment of duties legally accruing ou goods imjiorted into Canada, nortoar-|
range for tleforriiig payment of such duties in any way, unh^ss sncb goods are entered!
for warehouse an<l duly doposite<l therein according to tho laws aud regulations j
(!rni"g the warehouoing of such goods.

V^7. Any collector or other officer of customs 'vho shall allow the payment of dn* ,|
of customs to bo avoi<led or deferred for any cause or eonsidera' ion whatever, excepti
by regular entry for warehonso, shall be aud become liable to forfeit a snineqnalti)|
tl.'^ full value of such goods, and in addition thereto tho amount of duty accruin||
thereon, which shall bo recoverable from him or his sureties, or either of them, in the I
e.\eh(!qii(!r court or any court of compete.it Jurisdictifj in Canad.-,; and any goods od I
which payment of duty may have bioii so avoided or deferred shall be liable towij-|
uro au(l be dealt with as goods unlaWially imported into Canada.

V28. If any goods entered to be warehoused are not duly carried into and (le]iosit«i|
ill i\w warehouse, or, having been so d(!posited,<'iro afterwards taken out of the lvar^|
house, without lawful permit, or, having betsn entered aud cleared forcxpoitatiniij
from the warehouse, arc; not duly carried and shipjied, or otherwise couycycdoiUofj
Canada, or are .afterwards relandod, sold, used, or brought into Canada, witliontliiel
lawful ))erruission of the proper ofJicer of the customs, such goods ahall be seized aiKll
forfeited.

V2\). All gools taken out of warehouse shall be subject to tho duties to whieh tbey|
would be Bul)j(!ct if then imported into Canaua, and not to any other.

i:50. The importer of any cattle or swine may slaughter and cure and pack tlicsamj
(or if such cattle or swine are imported in the carcass, may cure and pack the siiiiie)!
ill bond; and tho importer of any wheat, maize, or other giain, may grind and packj
the same in bond, provitlingsuch slaughtering, cirin^, grinding, and packing Iieil
and (.'onducted under such regulations and restrictions as tho governor in couiicilj
may, from time to time, make for that purpose; but the said regulations Hhallnotej-f
tend to the substitution of other beef, pork, flour, or meal for tho prodnco ofsHcliini-j
ported cattle or swine, wheat, maize, or other grain.

I'M . Tho importer or owner of any sugar, molasses, or other materia', from wbiclire- 1
fined tingar can be produced, may refine the same in bcdid, jirovided such retiuingbej
done and conducted under such regulations and restrictions as the governor in coin- r
cil may, from time to ti'iie, make for that p'.irpose. I

r.$2. Duties shall bo payable in all cases on the ((uantity and value of goods in the j
warehouse, as ascertained and stated on first entry, or as originally waiehonscd.

i;W. The unshipping, carrying, aud landing of all goods, ami the taking of tlicsamj
to and from a customs warehoutij or proper place after lauding, shall bo done in sQckj
iuan:;er, and at such places, ae shall be appointed by the collector or proper ofllcerj
of customs. I

1:J4. Unless otherwise provided by the governor in council, warehoiiHO rentandcsj
peuses of safe-keeping in warehouse, and all expenses connected with the unshiiipinfil
carrying, and landing of goods and the taking of the same to and from iifcusloMJ
warehouse or proper place after lauding shall bo borne by the importer. If anysucJI
goods be removed from the place so appointed without leave of such collector orl
projier otlieer, they shall be seized aud forfeited. j

llif'. The governor in council may, from time to time, make reguhitions fortliefi-l
warehousing of goods, cither for consumption, removal, exportation, or ship's sterol
in any ((uantity not less than a whol'^ package as originally warehoused, unless wj
euid goods be iu bulk, and then in quantities not less than one tou in weight, escepl|

RiGHtS OF AMERICAN FISHERMEN.

363

Iwhen a Ifss weight may be the balnuce remaining of the original entry thereof for

lljfi. If aft''*" "".V goods have been duly enteri'd, or landed to bo warehoused, or en-
It rid iiii'l t'xuiniiied lo 1)0 rewarehonsed, and before tiio same have been actually de-
Irositfd '" '^'"' wareliouse, the importer further enters the same or any part for home
lusi' or f»r exportation as irom the warehouse, the goods so entered shall be eonsichsred
Its v/arelionned or rewprtdioused, as the cnso may be, althcmgh not actually deposited
Iju llij, fljirehoiise, and may be delivered and taken for home use or for exportation.

i:i7. l'|><"i t''" entry outwards of any goods to be exported from the cnstomn waro-
lloiisi' I'itlier by sea or by laud, or inland navigation, as tho ease may be, the person
Weri'ngtbe p.inie shall giv ) security by boiul iu double the duties of importation on
^iioli (.'"'kIs, ivnd with a snftJcient surety, to bo approved by tho collector or prop?;r of-
fer tbiittlio same shall, when the entry afore said is by sea, bo actually exported,
•ml wlii'ii the entry aforesaid is by land or inland navigation, shall be landed or de-
Oivnid iit tlu) place for which they are entered outwards, or slial! in either ease bo
ir»is« accounted for to the satisfaction of the collector or proper officer, and that
fiiu'b proof or ccrtilicate that such goods have been so exported, landed, or delivered,
Ldtlierwise legally disposed of, as the case may be, as shall be required by any regu-
Baiioii (if the governor iu council, shall be produced to the collector or proper officer
.vitbiii :i period to be appointed in such bond ; and if any such goods are not so ex-
jKirtcdor arc fraudulently relanded in or brought into Canada, in contravention of
Ibis ai t and of the said l)ond, they shall be sc^ized and forfeited, together with any ves-
■1, boat, or vehicle iu wliich tliey are so relandcd or imported.

1;1H, If witliiu tlfi period appointed by tho said bond, there be produced to the
liropcrcoueetor or tjidcor of customs the written cortiiicaie of some principal oflBcer
If ciistoui.s 01 colonial revenue at the [)lace to which the goods were exported, or if
liiili place be a ioreign country, of ai.y British or foreign consul or viee-conBnl, resi-
liui there, stating that the goods wcje actually landed and left at some place (nam-
|i)|,'it) out of Canada, as provided by the said bond, such bond shall bo canceled ;
In rase it !»■ i)roved to tho satisfaction of the proper collector or otUcer of customs
lliat the said goods have been lost, such bond nuiy be canceled.

Ml. Ai!y person nuiking any entry outwards of goods from warehouse for exporta-
lioniiot being the owner or duly authorized by the owner thereof, or the master of
plif vessel by which they are to bo shipped, shall, for each off^ense, forfeit $200.

\\{>. Warehoused goods may be didiverecl as ships' stores for any vessel of the bnr-
Sciiof ')() tons or upwards, bound on a voyage to a port out of Canada, the probable
Biiratinn of wliieh voyage out and home will not be leas than thirty days ; also for any
pwcl iicKiiiil for and engaged in tho deep-sea fishing, proof being first made by affi-
iiivi; iif tlie master or owner, to the satisfactiiMi of the i)roper ofllcer, that the stores
Iri' iieiessiiry i.ud intended for the purposes aforesaid; provided that the minister of
fciis|i)iiis may define and limit the kind, quantity, and cI.mrs of good.s which may be iso
Bfliviied as ships' stores. Should such .tores or any part thereof be relanded, sold, or
piiost'd of ill Canada without due entrv and payiiieut of duty, such stores shall be
leizcd ami forfeited and tho vessel for which the same were delivered from warehouse
^bali lie seized and forfeited.

Ml, The inaatcr of every vessel bound outwards from any port iu Canada to any
lort or place out of Canada, or on any voyage to any place within or without the lim-
its of Canada, coastwise or by inland navigation, shall deli I'cr to the collector or other
Jiropi'i oflicer ,ni entry outwards nnder his hand, of tlu! destination of such vessi^l, stat-
ing beriiaiiie, country, and tonnage, the jiort of registry, the name of the master, the
|ou.itry of the owners, and the number of the crew ; and before any goods or ballast
irc taken on board such vessel the master shall show that all goods imported iu her,
Kciptsneb as were reported for exportation in the same vessel, have been duly en-
i«re(i, except that tho proper oDflcer may issue a stiffening order that Kuch goods or
lallastas maybe specilied thereinmaybe laden before the former cargo isdischarged,
Whefoie sneh vessel departs tho master shall bring and deliver to the collector or
Dtliir proper oflicer a content iu writing under his hand of the goods la.len and the
panii'sof the irsjii'ctivo shippers and consignees of the goods, with the marks and
' iilii'isof the jiackages or jiarcels of the same, and shall make and subscribe a dec-
oration to the truth of such content as far as any of such particulars can be known
Wnn.

U'.'. The master of every vessel, whether in ballast or laden, shall, before departure,
i«ineheloie tho collector or other proper oflicer, and answer all snch questions con-
»ininj,'1lie vessel, and the cargo, if any, and the crew, and the voyage, as may be
IfDianded of liiin by such officer, and, if required, shnll mnke his answers or nny of
pini part of t he declaration nuule under his hand, as aforesaid ; and thereu|>on'tho
plii'itor or other proper officer, if snch vessel is laden, shall make out and give to the
Mora eertilieate of the clearance of such vessel for her intended voyage with nier-
wnilweoracertificate of her clearance in b.allast, as the case may lie; "and if there be*
Fchaiidise on board, and tho vessel is bound to any port in Canada, such clearance

M:

; :S?

304

RIGHTS OF AMERICAN FISHERMEN'.

Blmll state \\ hotluT any ami which of tho goods are the prodnoe of Canada, andifthel
goods arc snoh as are liabhi to duties, whether tho diitioa tbcreon liavo been paidT
an<l in sncli caso tho master shall hand tho clearance to the collector at thenextportl
in Canada at whiidi ho arrives immediately on bis arrival. I

14:1. If any vi^ssel deparls from any jiort or place in Canada without a clearanft.otl
, if the master delivers a false content, ordoes not trnly answer the qnestioimdemaiiikill
of him, or if, having received a clearance, such ves.sel adds to her cargo, or taiia
another ve.ssel in tow, or performs any work without having mentioned iii thorppfin
ontwanls the intention so to do, the master shall forfeit the sum of $400; aud ihol
vessel shall be detained in any port in Canada until the said penalty bejiaid.

144. The governor in council may, by regulation, dispense with any of the require
nients of the two last preceding sections which he deems it inexpedient to euforcfj
with regard to vessels engage(l in the coasting trade or inland navigation.

14.'). Before a clearance is granted to any vessel bound to a port or place out i
Canada, the o'vners, shippers, or consignors of the carj^o on board such vessel ishiL
deliver to the collector or i)roper otlicer of customs (mtries of such parts of tie far"J
as are shijjped by them respectively, and shall verify the same by oath ; aud such en-
tries shall specify the kitids and (juantities of the articles shipited by themregpectJ
ively, and the vi'no of tho total quantity of each kind of articles, and whfithir til
said goods are of Canadian or of foreign prodncticui or manufacture ; and sudi oaM
shall btatc that sucli entry contains a iull, just, and true account of all articles lailfj
on board o'." such vessel by such owners, 8hip])ers, or consignors respectively: aa
that the values of snch articles are truly stated according to their actual cost irthi
value which they truly l)eur at the port and time of exportation ; and in case the gm
so shipped or uny part thereof be liable by law to any export duty, the anminK
."Mch duty shall be stated in such entry; and no ach entry shall be valid, and i
clearance shall bo granted to such vessel until such duty is paid to the colkctorj
proper oHicer of custoni.s.

140. The owners, 8bi])per8, or consignors of an^ goods consigned to a port i r pia
out of Canada, to be transported by railway or other land conveyance, shall entertl
same for export ati(ni at the custom-liou.se nearest to tho place of lading ; and siich«
try shall specify thekiu ' -. ^nd quantities of the articles i.adenby themrt'8pectively,aiij
the proper name and description of the railway over which such goods are to he tram
ported, or of any other conveyance to be used for the same purpose ; and shall viri^
the same by ttath, and such oath shall be of thepimo form ami tenor as thatrcqnin
from o , V , sliiijpera, or consignors of goods to bo transported by sea; and if a
of snch gt )(ls are liable by law to any export duty, such duty shall be clearly statd
n|)on sucli (utry, and no railway car or other vehicle upon which such goodsaij
biden shall be pernsitted to leave the limits of tho ])ort at ■which snch entry shoiil
have been made until such ^I'lty is paid to the colleotc- or pro))er otlicer of ciistoi
and if any such c"* or vehicle lie taken out of tho limits of snch port, contrary to tbj
]>'-ovision of this section, the company or person so taking tho same shall he liable t(
a penalty of not more than $40C.

147. The owner, shipper, or consignor >f any goods who shall refuse or negicrtl
make leport and entry of the articles shipped or laden by them respectively, as
(jnired by tho two last preceding sections, shall incur a penalty not oxceediujij
for each snch olfen- e.

,148. The governor in council may, by regulations to be, from time to t:nie,iiiai
in that bi half, require snch furth(!r information with regard to the description, i|iJ»i
t'.y, quality, and value of goodseyported from Canada, or removed fronioncportlt
another in Cansda, to be given to tho proper otticer of tho customs, in thocutryd
HMcli goods (.ntwards or otherwise, as ho deeui.s requisite for statistical purpos"
whether snch goods be exported or removed by sea, land, or inland navijtation.

141). No en*r; outwurds nor nuy shipping warrant or warrant for taking goods fre
warehouse fur exportation shall be deemed valid, unless tho particulars of the got
and packagessball correspond with the particulars in the entry inwardH, nor iinl
they h.„ ,11 have been properly descri'^ed in the er try ontwanls, by the character, denoi
ination, and circunistani'es under which they wore originally charged \vitluUity;«i
any goods laden or taken out of the warehouse by an entry outwards or HhippiuK^'j
rant imt so corresponding or not properly describing thein, shall bo seized audffl
felted. J

150. If tlie owner of any goods bo resident more thau ten miles from the office of tj
collector at the port of shipment, he may appoint an agent to make his entry on
wards and clear and ship his goods ; bnttbe name of the agent and tliert'sideiici'Ottg
owner shall be subjoined to tlie name in tho entry and shipping warrant; audi
agent shall make the declaration on tho entry which is required of tho mv«er,»
Bliall answer the questions that shall be put to him. Any trading corporation wcoB
pany may appoint an agent for the like purpose.

151. The report for entry, inwards and outwards, renuired'by thi8act,niay, '"''j^T
of any steam vessel carry ing a purser, bo made by sucli purser with the ilko effoct u*

UIGHTS OP AMEllICAN FIHUKRMEN.

aii5

I m'cl> ami Hiiliji'i't to the lik*! penalty on tho purser and the like forloitiire <if the

r]^ljjii'^.i,so()r any untrue report, as if tho report Avere nuiilo by the iiiaHtcr; auil

Teword "inaslcr," for tho purposes of this section, bball bo coustrucd as iiichuliug

Ihe purser (»f any uteam vessel ; but nothing herein contained shall preclude the col-

lecu'r or inoper otlicer of customs frpui calling n\w\\ tbo master of any steam vessel to

jj8Wi'riills"cli<iiiestiou8 concerning the vessel, passengers, cargo, and crew as might

|,,„fj,)ly il(-iiianded of him, if the vepint had been made by uim, or to exempt (he

uaster from tlio ])eualties imposed l\v ibis act for failure to answer any such (jues-

Kon, or toi answering untruly, or ti. prevent the master from making such report if

Lsiiallscc lit HO to do.

1:V,' wlKii(\ er the collector of castoms at any port is satisiiod that in such port as

s ^^ II ihf adjacent city or town and iti vicinity, there does vot exist an extraor-

ijiiiiv.iulcctions, eout.igious, or epidemic disease, which could be transmitted by the

lejsci lii;r crow, or cargo, ho may grant to any vessel requiring a bill of health a

Ttilcate, uudcT his hand and seal, attesting tho fact aforesaid, for which ho shall

I ii.itlcil to ask and receive a fee of one dollar.

1 iX If any i)erson, with intent to demand the revenue of Canada, smuggles or
JauiL'itint'ly introduces into Canada any goods subject to duty, or makes oat or
iiwj or attempts to pass through tho custom-house any false, forged, or fraudulent
invoice, or iu any way attempts to defraud tho revenue by evading tho payment of
ic'iiiity, or of auy part of the duty on any goods, such goods shall be seized and for-
lied; ami every such person, his aiders and abettors shall, in addition to auy other
.naliv or forfeiture to which he and they may bo subject for such oUen'^o, bo deemed
oiKy of a misdeuioauor, and on conviction shall be liable to a penalty of not less than
jiUiuid not more tlian $200, or to imprisonment for a term of not less than one month
jor more than o le year, or to both line and imprisonment within tho said limits, in
iliediscreiiou if tlie court before whom the conviction is had.

154. If any i erson offers for sale any goods under pretense that the same aro pro-

liiiid, or liav ', been un8hip])ed and run on shore, or brought iu bylandorotherv/ise

itlidut payment of duties, then and in such case all such goods (although not liable

loaiiy duties nor prohibited) shall be seized and forfeited, and every person oft'eriug

ikMime for .sail shall forfeit treble the value of such goods, or the penalty of $200, at

Ikilectiou of tUe prosecutor, which i)eualty shall bo recoverable iu a summary way,

fore any one or more justices of the peace; and iu default of payment on convic-

imi, ilie party so oft'ending shall bo committed to auy of Her Majesty's jails for a

riiid not exceeding sixty days.

\m. If any person knowingly harbors, keeps, conceals, purchases, sells or exchanges
liiyKoods illcj^ally imported into Canada (whether such goods are dutiable or not),
mvhereon the duties lawfully payable have not been paid, snch person shall, for
cli (illeuse, forfeit treble the value of the said goods, as well as the goods them-

IM. If any two or more persons in company aro found together, and they or any of
llicra have any goods liable to forfeiture under this act, every such person having
■nowlcdgc of the fact, shall be guilty of a misdemeanor, and punishable accordingly.
Auy person who, by any means, procures or hires or induces any person or per-
Kins to be concerned in tho landing or unshipping, or carryingorconveying any goods

licli arc prohibited to bo imported, or for the landing of which jjormission has not
liecngrantoil by the collector or proper oflicer of customs, shall, for every person so
prociirid or lilicd or induced, forfeit the sum of $100.

If any warehoused goods are concealed in or unlawfully removed from any
histonw warehouse in Canada, such goods shall be seized and ibrfeited, and any person
iiiuit'aling or unlawfully reuioving any such goods or aiding or abetting such couceal-
lii(; or removal, shall incur the peualties imposed on persons illegally importing or
liiiiijigling j;oo(ls into Canada, and on discovery of such conceifluieut or removal all
k(H)(l» Ik longing to the iiui)orter or owner of the concealed or removed goods thtni re-
Tiaiiiiii;,' in tlie same or any other warehouse, shall be placed under detent ion until the
piity payalilo on the goods so concealed or removed and all jieualties incurred by him
iliall iiavo lieen paid ; and if such duties and penalties are not paid within one month
lliHtliediM-dvcry of the eonceahnent or I'omoval of such goods, the goods so de-
piiieilNliall he dealt with in the same mauueras goods nnlawluUy imported or snuig-
iWiiiloC'iiiiada.

ID If the importer or owner of any warehoused goods, or any person in his om-
floy, by any eoutrivance opens the warehouse iu which the goods are or gains access

Hlio goods except in the presence of or with the express permission of the proper

rerof the customs, such importer or owner shall for every such offense forfeit the
m of liuo.

I'i". If any person by any contrivance gains access to bonded goods in a railway
pr, or to goods iu a railway car upon which goods the customs duties have not been
^iil|Or delivers such bonded or other goods without the ex|ire8s permission of tho

366

RIGHTS 01'' AMERICAN FISHERMEN.

M

l)ro[K'i- (iflicor of ciiHtoiim, 8iii;li person shall for ovory snch offcusu be liable tobo ih,
I>ri,soiu!(l lor iiny period not loss than ono month nor more tban ono ycai

Kil. Any jicrtion wilfully altering, dolacing, or obliterating any mark, iilaccdU j

y package of wareboused goods, or goods in transit sjiall

any oHlccr of custoais, on any

for ovory Hiicli ortcuse, forfeit tlio sum of $rjOO.

162. All vcHsela with the guns, tackle, aitparel. and furniture thereof, veJiicU
barucMs, tackle, horses, and cattle made use of in tbo imi)ortation or unisliippJM^
landing or removal of any goods liable to forfeiture under this act, 8hall IxiHeizedaiid
forfeited; and every person assistin'g or otberwise concerned in im])()rt lug, uushjr,.
jiing, landing, or removal, or in the harboring of such goods, or into wli(i,so''iiaii(isJJ
possession the same knowingly come, shall forfeit treble the value of such goods or
the penalty of $"-iOO at the election of the party suing for the same ; and the avcrnitiit
in any information or libel exhibited for the recovery of such penalty, that micb patty
liivs elected to sue forthesL.n mentioned in the information or libel, shall bosufficieDt
proof of such election, without any other evidence of the fact.

10:^. If any vessel io found hovering (in British waters) within one league of the
coasts or shores of Canada, any otiicer of customs may go on board and euter into
such vessels and stay on board euch vessel while she remains within tholimitsol
Canada or within one league thereof; and if any such vessel is bound elsewhere and
so continues hovering for the space of twenty-four hours after the master has bee:
required to doj>art by such otiicer of customs, such ofilicer may bring the vesHclinto
port and examine her cargo, and if any goods prohibited to be imported into Cmiadj
are on board, then euch vessel with her apparel, rigging, tackle, fu in it lire, stores,
and cargo shall be seized and forfeited; and if the master or person in charge refusw
to comply v/ith the lawful directions of such otiicer or does not truly auswersiicb
(piestions as are put to him respecting such ship or vessel or her cargo, ho shall for.
feit and i»ay the sum of $400.

U)4. Every person proved to have been on board any vessel or boat liable to for-
feiture for having been found within one league of the coasts or shores of Canada
having on board or attached thereto or conveying or having conveyed auythiiij; siiC
jecting such vessel or boat to forfeiture, or who shall be proved to have beeu ou boani
any vessel or boat from which any part of the cargo shall have been thrown over-
board or destroyed^ or in which any goods shall have been unlawfully brongbtiuto
Canada, shall forfeit $100, provided such person shall have beeu knowingly concerned
in such acts.

Ui;'). Ollicers of customs nuiy board any vessel at any time or place a'.id stayoa
boaid until all the goods intended to be unladen shall have been delivered; tiiey
shall have free access to every part of the vessel, with power to fasten down battli-
ways, the forecastle excepted, and to mark and secure any goods on board; iuulif
any place, box or chest be locked, and the keys withludd, the otiicer may open tlie
same. If any goods be found concealed ou board Ihey shall be seized and forfeited,
and if any mark, lock, or seal npon any goods on board be wilfully altered, opened,
or broken, before the delivery of (he goods, or if any goo.is be secretly conveyed
away, or if hatchways fastened down by the oflicer be opened by the lUiWtcr, or
with his assent, the moster shall forfeit $400, and the vessel may bo detained until
the said lino bo ^/aid, or satisfactory security be given for the payment thereof.

IGG. The collector or other proper othcerofthecnstomsmaystatiouofficerson board
any ship while within the limits of a port, and the master shall provide every snch
officer with suitable accommodation and food, under a penalty of $'200.

167. If any person at anytime Jbrges or counterfeits any mark or brand to resemble
any mark or brand provided or used for the purposes of this act, or forges or counter-
feits the impression of any such mark or brand, or sells or exposes to sale, orhasia
his custody or possession, any goods with a counterfeit mark or biand, knowinjjilie
same to be counterfeit, or uses or affixes any such mark or brand to any other goods
required to be stamped as aforesaid, other than those to which the same was orign-
ally affixed, such goods so falsely marked or branded shall be seized and forfeited,.
and every such offender, and his aiders, abettors or assistants, shall, for every sofi]
offense, forfeit and pay the sum of $200, which penalty shall bo recoverable in a sun
mary way, before any two justices of the peace in Canada; and in defanltofpay
ment the party so offending shall be committed to any of Her Majesty's jails iai
Canada, for a pcviou not less tban two months and .,ot exceeding twelve iiioutlic

1()8. If any person counterfeits or falsifies, or uses when so counterfeited or falsin
any pa|)er or document reciuircd under this act, or for any purpose thcieiu ineutioueil,|
Avliother written, printed, or otherwise, or by any false statement, procures mt\
document, or forges or counterfeits any certificate relating to any oath, ordeclarij
tlou or affirmation hereby required or authorized, knowing the same to beeofori-'t
or counterfeited, such person shall bo guilty of a misdemeanor, and being tlierei
convicted, shall be liable to bo punished accordingly.

169, If auy wilfully false oath, affirmation, or declaration be made in anj (*i
where, by this act, an o^th. affirmation or declaration is required or authorized, il

^^

"f^'

'i'."-:?|

UIOHTS OF AMERICAN FI8UERMEN.

367

i ,. iiijiliiiijr flio Hfiiiio Kball bo guilty of wilful and corrupt perjury, and liiiblo to
jr.Liisbiiieiit luovidcd for tliat offonBO.

,.y 11 jiiiv iK.'isou re(]uircd by tliiH act or by jiiiy otlior law to auRwer qucationu
bill loliiui by iiiiy ofliccr of t!io customs, refuses to nuBwor or does not truly auHwer
ncli(|ii«"i""''> "'" ;"'''«<J" **'» ''•^'"siug 01 not truly answering suoli (iiiest ions, shall,
L,p j,,i(l uliovo any tillier penalty or puuiBliiuent to wliieb be becomes subject, for-
titthcsum et'if400.

'1*1. i'>ery ofliter and jicrson employed under Ibe authority of any act relating to
j)c collection of tlit> revenue, or under the direction of any olBcer in the customs do-
lirliiieu'! '"' '»'"o '"' oflicer of tlio said department, sb-iN bo deemed and taken to bo
|ply ,;,„|,i()yL'(l lor tlie prevention of smuggling ; and in any suit or information, tbo
kcnneiit '.lint such j'arty was so duly employed sIiiiU bo sufficient i)roof thereof
I'l Any Hiicli otlicor or jierson as mentioned in the next preceding section, andany
Imli' (II justice of the jjeace, or person residing more than 10 miles from the resi-
leiicii'it'iiiiy ollicer of cuHtoms and thereunto authorized by any collector of customs
Jf jiislicc oi till' peace, may, upon information, or upon reasonable grounds of sus-
lioiou, iliitaiii, open and examine any package' suspected to contain prohibited prop-
VvoiBmiif;gle(l goods, or goods respecting which there has been any violation of
jv(il'tln) i('(|iiiieinents of this act, and may go on board of aiid enter into any vessel
rvrliicltol'iniy descripiion whatsoever, and may stop and detain tbo snm<', whether
^riviiiL' iVoin places beyond or within tl l:i;.;tj jf Canada, and may rummage and
jreli III) itiii'l-^ thereof, lor such goods ; and if any such goods aro found in any such
l^sclor velii(.ie, tlu^ (jllieer or jierson so employed may seize and secure such vessel

vrliiilc, toK"''"'''^^'''' "" the sails, rigging, tackle, apjian-l, horses, harness, and all
IIIki apiiiirtciiJinces which, at the time of such seizure, helong to or are attached to

ivi'ssil (ir veliifii!, with all goods and other things laden 'herein or thereon, and
Iicsaiiichliall Ije seized and forfeited.
i;:i. Any ollicer or person in the discharge of the duty of seizing goods, vessels, ve-
it'cM.di property liabhi to forfeiture under this act, may call in such lawl'iil aid and
jsisiaiiw' in I he (Jneen's name, as may be neeessary for secnring and protecting such
Li'ilpimls, vessels, vehicles, or property; and if no such prohibited, forfeited or
liUL'^'li'il goods are tbuiid, such ollicer orpersou, having had leasonable cause to sus-

[ that prohibited, forfeited, or smuggled goods would be fonnd therein, shall not

liablr to any I)l•o^;ecution or action at law lor any such search, detention or stop-

[1"4. Every master or person in charge ot any vessel, and every driver or person
jiiiliiiting or having charge of any vehicle or conveyance, refusing to stop when re-
iirtd to (io KO by an officer of customs, or person employed as such, iu tho Queen's
liiii', iiud any person being present at any such seizure or stoppage, and being
ilicil uiioii in the (Jiieeu's name by such otliier or person to aid and assist him in a
Iwfiil way, and leliising so to do, shall iorfeit and pay tho sum of $<J00, which peii-
Ttvfliall be snininarily recovered before any two justices of tho peace in Canada, or
lliire any judge or magistrate having the powers t)f two justices of the peace ; and
Jdtfaulior payment the oll'endei shall bo committed to any jail iu Canatla, for a
Irindiint rxcceding six mouths.

Ili'i. Any oHicer of customs having first made oath before a justice of tho peace
laiklias rca.-ona'./le cause to suspect that goods liable to forfeiture are in any par-
fcii'ir iiniiding. or in any yard or other place, open or inclosed, may, with such as-
llaiKr as may be nccess-ary, enter therein at any time between sunrise and sunset,
|tiHl:iMliior,s are fasieiied, then admission shall be first dcnninded, and tho purpose
■wliicli ciiivy is i(M|uired declared, when, if admi.ssion shall not be given, he may
iiy ciitci ; and when iu either case entry shall bo made, tho otiicer shall search

bnlii

fc iiriiiii^es. and seize all goods subject to forfeiture; these acts may bo done by an
lifi'i (if (usioiiin without oath or tho aS'Sistauce of a justice of tho peace, in places
itii' iiiijcsUce lesules, or where no justice can bo found within livemiles at the time

i:llVll

I'li li'iiny building bo upon the boundary lino between Canada and any foreign
jiiiiiv and there is r(>ason to believe that dutiable goods aro dopositod or have been
ilii.'niii. or carried through or into tho same, without payment of duties and
|v.iialmji 1)1 law, and if the coTlect'r or proper ollicer of cnsioits makes oath before
! IumWm (if tli(. peace that ho has reahon to believe as aforesaid, such ccdlector or
'lb liav(^ the right to search such bnildingaiid tho pi- inises belonging there to,
!i(' HaiiK! may bo within the limits of Canada, .ind if any such goods bo found
ill f-aiiie shall be seized and forfeited ; and any merchant or the person who
11 have liKii jriiilty of a violation of ihe provisions of this section shall bo pun-
f^l'cliy a line of not less than $'200 nor more than |1,0('0

' Ilea ajiplicaiiou by or on behalf of The attorney-general of Canada to the

(.oiiit of Canada, or any judge tlioreof in chambers, such court or judge

I a wiit of assistauco for such ofiicer or officers of customs as may be named

I'll 11 a I Kill. Such writ shall havo force and olTcct over tho whole of Canada,

3G8

RIGHTS OF AMERICAN FISHERMEN.

f

f,.'

IKT

iinl<'H8 upon tlio iipiilicatiou of tho attornpy-Kcnoral it bo Uiuitodto soiniipartornarii
tlRin^ol". Siicli writ shull romain in force bo long hh any person named tlieioin romjiiT
an oflicer of Iho cn'<toni8, wbetUer in the same capacity or not, or until siieh writ i!
revoked l)y the II ister of cnstonis. i

178. Every wrii I' uHHiHtanco granted before the coming into force of this act nniler
the authority of 1 1 KtH hereby repealed shall remain iu force, notvvitliatundii'iggDch
repeal, an if snch acta liad not been repealed. j

1711. Under tin; authority of a writ of assistance any officer of tlie rustoins, oranv
l)er8on emj)]oyed for that purpose with the concurrence of the governor iu council
expressed either by special order or appointment or by general regulation, mayunttr
at any time in the day or night into any building or other place within tbo juri«Jic-
tion of the court granting such writ, and may search for and seize and secure aw
goods liable to forlciture under this act, and iu case of necessity, may breakopeaaov
doors and any chests or other packages for that purpose.

180. Any offl(!er of customs, or i)erson by him authorized thereunto, may search anj |
])erson on board any vessel or boat within any port iu Canada, or in any vessel, boator I
vehicle entering Car;ada by land or inland navigation, or any person who may liavj I
landed or got out of such vessel, boat, or vehicle, or who may have conio into Canadjl
from a foreign country iu any manner or way, provided the ollicer or porsou so scarcli|
i ng has reasonable cause to suppose that the person searched may have goods subject to I
entry at the customs, or prohibited goods, secreted about his person ; and whoever I
obstructs or ott'cis resistance to such search, or assists in so doing, shall thereby iDcurjl
forfeiture of $100 ; and any person who may beon board of or may have landed fromorl
got out of such vessel, boat, or vehicle, or who may have entered Canada froinaforciTil
country in any manner or way, may. be questioned by such officer, as to \vLetLtTije|
lias any such goods abort bis person, and if ho denies havin<j any such goods, ordotij
not produce sucli as ho may have, and any such goods are lound upon hiuioii beinJ
searched, the goods shall bo seized and forfeited, and he shall forfeit treble tiic valwl
thereof: I'lovidcd, That before any person can be searched, as aforesaid, sncL ptrsoJ
nniy require the oiiicertofake him or her before some police magistrate, justice of tbJ
])eacc, or before the collector or chief otilcer of the customs .'vt the place, wb()shall,ii
he sees no reasonable cause for search, discharge such person; but if otberwisc iJ
shall direct such person to be searched ; and if a female, she shall not be searcheil't
any but a female ; and any such magistrate or justice of the peace or collcctoriii
toms may, if there bo no female appointed for such purpose, employ and autLu
sninble female person to act in any particular case or cases.

181. An J' officer required to take any person before a police magistrate, justice o
the peace, or chief officer of customs, as aforesaid, shall do so with all reasouaW
dispatch; and if any officer requires any person to be searched without rcasontblj
cause, such officer shall forfeit and pay any sum not exceeding flO.

li^i. If any goods or property or vehicle, subject or liable to forfeitiiro under thi
act, or any other law relating to the customs, are stopped or taken by any poiiecf
jieace officer, or any person duly authorized, such goods and property aud vdiicli
shall be taken to the cnstom-houso next to tJio place where the same were stoppedol
takiui and (hero delivered to the proper officer authorized to Receive the same withij

forty-eight hotws after the same were stopped atnd taken.
1H;J. It' any sucli goods or property or veJiicles .'i'

'>r taken by such '
■ ly e/oicii, sue!
■ ■ f.'ikeii, there
\l}6 trial of tlio I tier; amlineiH

case the officer shall give notice in writinjt to lli'e collector or j[)ij;i' ijial oflicerdfll

or peace officer on suspicion tliat the eamo Jiavo
shall carry the same to the police office to which liii

ch gooc/s

main until anil in order to bo prodncoi. at il^e trial of tlio

case the officer shall give notice in writinjt to lli'e collectoi

Majesty's customs at the port nearest to tlio place wliere sucfi ^ooi/s bayo Ik'bj

taincd, of his having so detained the said goods, with the particu/ai.-; > f

and immediately after the trial ull such goods sliall be conveyed to ami ii- ,

the custom-houise or other place appointed as aforesaid, and proceedings rulati"

the same shall bo had according to law.

Id4. Ju case any police or peace officer, having detained such goods, nei^lnUl
convey ihe same to thecustom-honse, or to give notice of having slopped the saiiij
before pn.'scrilx-d, such officer shall Ibrfeit tho sum of $100; and .siiib jioiiallysc
be rec.ijvcrablc in a siinunary way boforo any one or more justices of the pitaccoru
j)olir,o magistrate, and in default of payment the party so oifendiiig shall bo coiiimiti
to any of Her MujcBty's jails for a period not exceeding thirty days.

185. If any person whatever, whether pretending to bo the owner or not, citi
secretly or openly, and whether with or without force or violence, takes or ca|
.iway any goods, vessel, vehicle, or other thing which have been seized ordet«
on suspicion, as forlbitcd under this act^ before tho same have been declared byo
potent authority to have been seized without due cause, and without tliepmiiia
of the oflici^r or jierson having seized tho same, or of fiomo competent aulliority.!"
person shall be deemed to have stolen such goods, being the property of HorJI»j«
and to be guilty of felony, ajuU shall be liable to ^MaisUmeut aiicprdinglj'-

•asAi

RIGHTS OF AMERICAN FISHERMEN.

a09

18fi If "".V perKOii, under any j)rctenHC, eitbcr by actaal assauU., force, or violciico,
r i)V tliriiits of Bucb assault, force, or violence, in any way resists, opposes, molests,
nrdijstructs any ofliccrof customs, or any person acting in bis aid or assistance, in
tli(Mll»cliiirf;<' of bis or tbeir duty, under tbe autbority of tbis act, or any otber law
1,1 force in Canada, relating to customs, trade, or navigation, or wiliully or nmlicionsly
liootsatorattoniiits to destroy or damage any vessel belonging to Her Majesty, or in
tliewnici) of tbe Dominion of Canada, or maims or wounds any officer of tbe Army,
Navv, iiia'''"*'i or cu8t«mB, or any person acting in bis aid or assistance wbile duly om-
ploveii f'"' ''"' prevention of smuggling and in execution of bis or their dut.V'-'or if,
aiiv person it fonnd witb any goods liable to seizure or forfeiture, under tbis act or
8IIV otlicr law relating to customs, trade, or navigation, and carrying offensive arms
orwiaiMms, or in any way disguised, or staves, breaks, or in any way destroys any
such coodH, before or after tbe actual seizure thereof, or scuttles, sinks, or cuts adrift
aiiv vessel, or destroys or injures any vebielo or animal, before or after tbo seizure,
orwilfnlly and maliciously destroys or injures, by fire or otherwise, any custom-house
or any building whatsoever in which seized, forfeited, or bonded goods are deposited
or kept, such ijcrson being convicted thereof, shall bo adjudged guilty of felony, and
i (hall bfl pnnisbablo accordingly.

?7. If any ofiiccr of tbe customs, or any person who, with the concurrence of the
iiiiiiisterof cnstoms, is employed for <he i)revention of smuggling, makes any coUu-
sivescizuio, or delivers up, or miikes any agreement to deliver ujx or not to seize any
vi'sml, boat, carriage, goods, or thing liable to forfeiture under this act, or takes or
I ami'ts a iivoniiHc of any bribe, gratuity, recompense, or reward for the neglect or
I iioniierfnnnancc of bis duty, such ofiieer or other person shall be guilty of a misde-
i nii'iiiiDi', and, on conviction, forfeit for every such oll'ense tbe sum of $500, and bo im-
liirisoued for a period not less than three months nor n)ore than two years, and be rcn-
(dcml incapable of serving Her Majesty in any oilJce whatever ; and every person who
I pves, or oilers or promises to give, or i)r<)cure to be given, any bribe, recompense, or
ronanl to. or makes any coUnsive agreement witb, any such ofiieer or [leraon as afore-
said, to induce him in any way to neglect his duty, or to conceal or connive at any
1 art wLercby tbe provisions of this act, or any law relating to the customs, trade, or
' lavi^ationj might be evaded, shall bo guilty of a misdemeanor, and shall, on con-
ivldion, forfeit for every such offense the sum of ^500, and bo imprisoned for a period
iDot less tban three months nor more than two years.

If8. All penrdties and forfeitures incurred under this act, or any other law relating
[to (lie custom' or to trade or navigation, may, in addition to any other remedy pro-
Ividod byihis a t or by law, be j)roseeiited, sued for, and recovered, witb full costs of
Itiiif, ill the excb<!quer court of Canada, or in any superior court having jurisdiction
IId that province in Canada where tbe cause of prosecution arises, or wherein the de-
Ifendant is served witb process; and if tbo amount of any such penalty or forfeiture
liloos uot exceed $200, tbe same may, in the Provinces of Ontario, Quebec, New Bruns-
Inick, Xova .Scotia, British Columbia, Manitoba, and Prince Edward Island, respect-
lively, al^o be prosecuted, sued for, and recovered in any county court or circuit court
liiaviiii; jiuisiliction in tbo place where the cause of prosecution arises, or where tbe
Ideti'iidaiit it) served with process.
Ht, All penalties and forfeitures imposed by this act, or by any other act relating
' the enstonis or to trade or navigation, sliall, unless other provisions bo uuido for
likreiovery tliejcol', bo sued for, inosecuted, and recovered, witb cost, by Her Majesty's
lattoriieygeiierHl of t'linadn, or in the name or names of the commissioner of cus-
Itonts, or Home ofiieer m ifT' ' i < of the customs, or other person or persons thereunto
lanthorized by tbe go ( oiincil, either expressly or by general regulation or

pit, and by no otfei ii.ai., .

I'M All penalties and forfeitures impoiscd by tbis act, or by any otber law relating
jtothe custoiiiB or to trade or navigation, may, in tbo Province of Quebec, bo sued for,
Hir'j*(nted,aDd recovered, with full eostw of the suit, by the same proceeding as any
ptlitr moneys due to tb(i Crown, and all suits or prosecutions for tbe recovery thereof
pall, ill tliaf [irovince, be beard and determined in like manner as other suitaor pros-
kcntious in the same court for moneys due to tbe <;rown, ' ■ ■ * that in tbo circuit
part tlio same shall be heard and dotennined in a siinm) or ; but nothing in

jtlii< section sliull aU'ect any provisions of this act, cxcejil mm u .mly as relate to tbo
piiriuof procoeciiug and of trial in such suits or prosecutions as aforesaid.
I;*). Any prosecution or suit in the exchequer court of Canada, or in any snperjor
lit oieirniit court of a province for the recovery of any penalty or forfeiture im-
*dby this act, or by any other law relating to the customs or to trade or naviga-
It, may be coninienced, prosecuted, and proceeded witb in accordanc(! with any rules
|(liiai'ti(e, freueral or special, established by tbe court for Crown suits in revenue
Batters, oi in accordanoo witb tbo usual jtracvico and procedure of tbo court in civil
isfsiiiho far as hucb practice and procedure maybe aj>plicable, and wherever not
Wlieabie, then in accordance with the directions of the court or a judge in chambers.

IS. Ex. 113 24

370

RIGHTS OF AMEltlCAN FISHERMEN.

SHU

Tlio vt'iiiio in any micli proHccution or Huit iinvy bo laid in any comity in tint inovlnoi!
notwitliHlantling tlwit. tlio causo of inosecution or Buit did not. ariho in Niirh (uimiy

l'J2. Any jn(l>{o of tlio court in wliicli any i)ri)8ocution or suit \h i)r()iinlii forthof ,
covcry of any penalty or forfoitnro aw aforoHaid nniy, npon boin>j salinliid hvailiilail
vit tlnit tlioro is rouKou to beliovo that the defendant will leave the I>r<iviii(:,rvvit!ii)i,t|
KatiHl'yinfj; wneli penalty or forfeitnre, isBUO a warrant nnder his bund uw] stmlfurilel
arniHt and detention of the defendant in the coniuion jail of the conuty, iiis!ri;t t\
place nntil bo Iuih given Hecurity (before and to the satiHfaction of Nncli ,jii(lj»o oriiiujl
t)tber jud<;o of the sa'iio eonrt) for the payniout of snch penalty, with tuhU, iucanl
jndpnient bo yiven -.gainHt him.

I'jb. In any .ie.iaration, informal ion, statement of claim, or proeuediiifr ji, imy j|u,jji
proseeutioii or Huit, it uliall be Hutlkuent to state the.j)enalty or forfeiturn incurred I
and tho act or section under which it is allegc^d to have been inenrred, witlioutfiir!!
ther particnlara ; and tho avennent that the jierson seizinjf was and isuiuilliciTofl
tho customs shall bo sntlieieut evidence of tho fact alleged Onless it bo coutradictail
by some superior oflicer of tho customs. I

I'Jl. In every prosecution, information, suit, or proceeding brought under tliis a«|
for any penalty or forfeiture, or upon any bon<l given under it, or in any inattornj-I
lating to tho customs or to trade or navigatiou, Her Majesty, or those wlio oiui fot I
such p(!nalty or forfeiture, or ui>on such bond, shall, if they recover the sauu', Imeu- !
titled also to recover fnll costs of suit ; and all such p(!iialties ami costs, it' ndt jaid
may be levied on tho goods and chattels, lauds and tenements of the, (Ict'cnihitit io
the same manner as sums recovered by judgment of the court in which tlin jnosmi- 1
tion is brought may bo levied by execution, or payment thereof may lie (iiifurcwl liy
capias ad mtisfadendiim agaiust the person of tho defendant under the sumo cniidi-l
tions and in like manner. I

Its'). If in any case tho attorney-general is satisiied that tho penalty er forfi'itnrs I
was incurred without intended fraud, bo may euter a nolle prosequi on sucL tenusMi
ho may see lit, and which shall be binding on all parties ; the entry of nnvAi mlkfro-
Hcqni shall bo reported to tho minister of customs^ with tho reasons therd'or,

11)6. In any prosecution, suits or other proceeding for tho recovery of any piMialiy or I
forfeiture as aforesaid, or for an offeuso against this act or any other law rdatini'to
the customs, or to trade or navigation, tho avermont.that the cause of prosieiitiunor!
suit arose, or that sncli oflenso was committed, within tho limits of any districit, cuiiBtj,
port, or place shall be suflicient, without proof of such limits, unless tbo contrary ij I
proved. I

197. If any prosecution or suit is brought for any penalty or forfeitino iindirthijl
act, or any other law relatiug to the customs or to trade or navigation, and any i|ne»- [
tion arises whether tho duties have been paid on any goods, whether the saiiie have I
been Lawfully imported, or lawfully laden or exported, or whether , any other tliiiin
hath been done l)y which such penalty or forfeiture would bo avoided, tlic biirdn ]
of proof shall lie on tho owner or claimant of the goods, and not on the party liriiij-
ing such prosecution or suit.

198. All vessels, vehicles, goods, and other things seized as forfeited under this ait, I
or any other law relating to customs, or to trade or navigation, shall bo placed in the
custody of the nearest collector and secured by him, or if seized by an oiticor in charge
of a revenue vessel, shall bo retained on board thereof until her arrival in port, a.id
shall be deemed and taken to bo condemned, without suit, infurination, or ))nicce,liiij;s
of any kind, and may bo sold, uulcis tho person from whom they were seized, nr the I
owner thereof, or some person on his behalf, within c«io month from tlie day of seiz-l
ure, do give notice in writing to the seizing officer or other chief ofiictr (it'tliccmtomij
at the nearest port that he claims or intends to claim the same; ami the bunkuofj
proof that such notice was duly given in any case shall always lie upon the persoDj
claiming.

199. Notwithstanding that no such notice has been given, proceedings Uit [Iw <•'«■ \
demnation of the things seized may bo commenced and prosecuted to jiulgmeut.

200. So soon as proceedings have been commenced iu any court for tije comViuuii-
tion of anything seized, notice thereof shall bo posted up iu the office of the {W, i
registrar, or prothonotary of the court, and also in tho office of the collector attliof
port at which the thing has been Hni/.t"! n? aforesaid; and if it bo a vessel, shall also |
bo posted on a mast thereof, or on aouii < onspicuous place on board.

201. Any person desiring to claim anythnig ^ i/a] after proceedings for eondciiina-
tion thereof have been commenced miist file such cJaini in the office of the rlerk,TPg-
istrar, or prothonotary of tho court; such claim must state the name, resident, awl j
occupation or calling i,f the person mating it, and must bo acco//i(/anied by an aflldij
vit of the claimant or his agent Jiavinga knowledge of tho facts, setting furtliilu'iiii'-
uro of tho claimant's title to tho tjiing seized.

202. Before auy vhinii inn be filed the claimant shall ^ivc .-•■ecnrity to thesatisfaitiiiii
of the court or a judge tht'K'of by bond in a penalty ot not less than $20i), m- l)yai'f|

KIGUTS OF AMEUICAN FI8HEUMEN.

371

, 10 tilt!

tornioiM'.v not k'>*» tliim tliiit hiiiii, for llio payiiiout of tlio c-oMtM of tlio piouomU

(fdrcoiiili'iiiiiiitum.

(' Ii'williin (ino nioiith aCtor llio liint poHlin^ of tin; iiotico, iindur Hcctioii 'JOG, no
',,1 (l,„ lliiiijr Hcizcil lio (Inly inailo, iiiid Mcciirity for cohIn givoii in ucconlaiico
ill the iiniviftioiis of thin act ami of tlio pract k'o of tlio foiiit, jiulfjnieiit by (h-faiilt
llitc(in(l«imiiitioii of tlio tliiii<^ Hci/.td may, with tho Ujavo of tlio court or a jiulgo
n^of, bt't'iitiTcd.

M Aiiv cdlh'i'tor of f.iiHtoiiiM may, aH may aJHO any court or judj^o having com[iu-
tiiiri»ilii:li<'ii to try ami (U'tcniiim^ tlio Hciznrc, with the (toiiHoiit of the coUoctor
[lit iiliicii will ro tho Ihint^H srizod air, order tli(> dclivfiy tlmrcof to thl^ owner, on
IciKisit vitii tJio collector in money of a huiii at least cfjual to the full dnty-itaicl
Imitip III' ih^tcnnincd hy tho collector) of the thinj;H Heized and the oHtimattHl costa
lliu|ii'i)('i't'iliii;;'H in the caise ; and any snm or tmiim of moiu^y ho de[)OHited bIuiU liu
iticlv (Irpi).sitcd in some hank a|i|i<iinted tor that pnrpone by coinpetiMit anthor-
lliciredil of Ilnw«'ceiver-};cneial of Canada, there to remain until forfeited in

iiiiscof law or released l>y order of the minister of customs; and in case such

Mriliirtii'li's ill'" condemned, the mont^y deposited shall lie forfeited.

ai'i. If tlio lliiii;? seized lit! an animal or a. iierishalihi article, the colhsntor at whoso

irt till) Hiiiiir is may sell tho wauie so an to avoid tho (ixpenso of keepin;; it or to pro-

iutils lit'cdiiilM},' deteriorated in vilno. 'J'lie proceiulsof such Hale shall ho deposited

Doiiic cliailcrcd liank to the credit of the receivcr-j?encral of Canada, and shall

lidi'tliejiid^'nieiit of the court with re.spcc(, to the condemnatiou of the thiiif; seized,

cii.s(!|inii't'cilin;;s for (londemiiiition betaken in court, or shall becomo the ]»rop-

Vdl'llti' Ma.jtsly, in case tho thin;^ seized becomes eoiKlemneil without procei.'tlinjfH

i'diirl: rrovidcd always, that the collector shall deliver up siichauimal orjierislia-

itartii'lc ti) tiie (daimant thereof u])on such claimant dt^positiu;^ with him a sum of

nDcVHiilliii'iit in tlavopinitm ol'the colh-ctor lo represent 1 ho duty-paid value of tho

iii/cliiimt'tland the costs of any iiroccedin; (o be taken in cnnrt for the condomna-

iiiof tlin tiling Heizcd. The money so (lep(i.-.iled shall bfl paid into some chartered

iiik til tin; credit of tin; receiver-ncineral of Canada, and shall be dealt with in tho

ir iiiiiiim T as aliov(! j)rovided for iii*th<! cas(! of the jiroceetlH of a sale of such thinj^.

M. If notice of intent to claim has been given, and tho value of I ho goods or tiling

izHJ (Ini's not exceed |100 and the \irosecutor chooses to proceed under this sec-

in, lie sliall ((irthwith causo tho goods to be valued by a competent apjiraiser,

idil'siiiili ajijiraisia' certities them to be under the said value, a summary infor-

itimi, ill writing, may bo exhibited in tho name of tho collector at or nearest to

le place (if siiiziiie, or in tho name of any oflicer authorized then^to by the uiiniH-

cl' iiistoiiis, before two justices of the pea<;e, charging the articles seized as for-

ptt(liiti(kT some ]iarticular act and section thereof, to be therein referred to, and

fayiiiKcoiuk'niiiation thereof; and tho justicesshall thereupon issiio ii general notice

tall persons claiining interest in the seizure to apjiear at a cerlaiu time and jilace,

KTi' to claim the articles seized and answer the information, otherwise such articles

[ill bo cdndoiiiiied ; and a copy of tho notice shall, at hiast eight days before tho

Vof apiicaraiice, be t-erved uiioii the person from whoso jiossession tho things were

11, orHliall lie left at oraflixcd to the buildi'jgor vessel in which they were seized,

[any, ami if tline remaining, or at two imblic jilaces nearest the place of seizure;

j any poison appears to answer the information, tho justices shall hear and deteriniiio

■0 matter in a Hiiimuary manner and a(!r)uit or condemn the articles, but if no person

Wars, jiulijiiK'iit of condemnatiou shall be given ; and the justices, on cendemna-

sliiill issue a warrant to the collector to sell the goods; and such two justices

all 1)0 deemed a court, and each of them to be a judge thereof, for the purposes of

IIk act.

|*T, All prosecutions or suits for tho rocovory of any of tho penalties or forfeitures
|posid by this act, or any other law relating to tlio cnstonis, may be couimencetl at
Ivlimo within three year.s after the <;ause of prosecution or suit arose, but not after
inls; and the vessels, vehicles, goods, or things forfeited shall be liable to forfeit-
iiiiii^' the siiine period/

AiKippealsli'dl lie from a conviction by any magistrate, judge, justice tir justices
rilii'p(a(e under this act in tho manner ]ir(ivided by law trom convictions in ca.ses
[siiniiiiiirv c()iiviction in that jirovince in which the «'onviction was had, on the
P^llaiif furnishing security, by bond or recognizance Avith two sureties, to tho satis-
fction of Mich magistrate, judge, justice or justices of tho peace, to abide tho event
[sudiappfial.

Aud an appeal shall also lie from the exchequer court of Canada, tho superior,
Nty, and circuit courts, rcsjiectively, in cases where the amount of the penalty or
pitiireissuoh that if a judgment for a like amount were given in any civil case au
Ml would lie ; and such api)cal shall bo allowed and prosecuted on like conditions
»«imjeet to like provisiona as other appeals from the same court in matters of like
mmt.

f-^ii (i"» i .-*; •

372

RIGHTS OF AMERICAN KISMKKMKN.

yiO. If tbu »|t|)t;ul bo hrortuhf. It.v Hor MaJ«'Ht.v'N iittoriu'y-ucn«T»l, »r u colli.,!
odiccr of tlio ciiMtoiiiH, it nIiiiII not lir iivucHNury for liiiu to give uuy hfourityuii<
apiK'ai.

'ill. Ill any <'iiHc in which procci'diiiK.s hiivc Ik'imi iiiHlitiitril in any ciiint a^uin.'
viinwil, voliiclc, h<i(mIm, or Ihiiij;, for tin) I'ci'ovi'ry of any i«'iml(y or forliiiuri' lii,., ,
tliiH ncA, or liny l.iw ri<latiii<r tii tho ciiMtonm, Irailf, or iiavi^rjition, llif cxnutioiioi'l
any tlcci.sion or jinl^incnt f<>r rt'.stoiiiin; th«' tliinj; (o iho cluiinant IlK^iior MJiall ihii|„|
hiis|i('im1i-<1 hy rcaNoii of any apiMiil IVoin Hiich ilcci.sion or jiKJKnuiiif, jnovnliii nj
claimant ^IvcN HiifillcicMit Hccnrily. lo lin apin'ovtl of hy the court, or a Jii(l>;(ii[||irrof I
to render and dclivi^r iIm^ Ihin^ in ()iicHtion, or ihti valiiu thereof, to tlu)a|>|ii'llant iJ
CiiHc \lic dcciHion or Judfiinciii wi a|i|iciilcd from lio rcvcrMcd.

iil'i. AH Hiih'M of j;ood.s Ibrfcitcd or othcrw i,ti! lialdc to lie nolil under tliJH net sli^.
lio by |inl)lic. niiclioii. and al'icr a rcuNonable piiliiic notice, and Hiibject toHiirlifii["!
tlier re};iiialions as may be nnide liy the };overnor in council; but in any caw il»|
tniniKler of cii> lonm may order vchhcIh, jroodn, vehiides, or Ibinns forfeileil tolH^divl
posed of DM lie may see lit, instead of beiii<^ Hold by pnblit; auction.

MV.i. The proeeedM, iifler tiediiclin^ expeiiscH, hIuiH, unless it be oIlierwJHt) provideii,!
belonii; to Her MaJcMly for the, public uses of the Dominion ; out the iHitproccedi), atl
any jiortion tliere<d", may be divided between and paiil to the collector er cliiftf()ffi.[
ccr of lll(^ ('iiHtoins at the port or place win le tin; sci/iire was made, and t uMillluiriitl
olHiu'rs by w Innn t lieNei/nre was ma<le, or the inlbrmation f;iveii whiili Icil tiitlicw!.]
ure, and any perscm who has ;;iven inforiiialion or ollufrwise aided in ellcttiiii; i
coiitlemnation of the tliinf^ seized, in sncli )ii'i>port ions as the sjovernor in coiiiKilinarl
in any case or class of ca.^i'.'i direct and appoiiil ; lint n(>thiii<{ herein ('oiitaliicdHlialll
be con.Htrne(l to limit' oralVcet any po'.ver vesterl in the ij;overiior in eoniu'll orliiiMiiin-l
ister of (Mistoms to make and 'irdaiii any other plan or system for tla^ )lif4trilmti(iijiifl
such net ])rocceds, oi' with reijaril to the rcinisHion of penalircs or loiicitiiren iiiii|
posed by this act or any olUer law.

'2i'\. When any jjoods haVc been sidzed or detained iincb'r any of the, |H'(ivi.siiiiis of I
tliis act, orof any law relutiiiji; to the customs, the iiii]'orter or exiioiter tln'icd , aiiij
the owiKM' (I I- claimant thereol. shall immediately, upon bcinj; rc(iiiired nii tddoliyilnij
coll clor or 'dher projier ollicer of ciihtoms of tli(» jiort where tln^ sei/iiie or (li'ifiiiiinl
took plact^, ]ii'odnce. and hand over all invoices, bills, accoiintH, and stat('iii('iitH(d'tli«|
•roods so seized or detained, and of all other ^oods imported into (Jaiiaila liy liiiii iitl
;iny time within three years luixt preceding siiidi si^iznre or detention ; and slialhdMil
|ti'odiice for the inspection of such ccdiector or other ollicer, and allow liiiii t(iiii;iko|
copies (d', or extract si rem, all bo<d\S of account, le(l;.;eis, day-books, casli-linoks. Iillw.l
books, invoice-books, or other books wherein any t^ntry or iiKniioranduiii appiMis re-l
spi'ctin;^ the purchase, imiiortation, cost, value, or payment of the j;ood8 8u seizwlutl
detained, and of all other >roods as aforesaid.

'21.'). If any person rcipiired uuder Iho uext preeeilins sectifUi to jnodiicc and liauiil

over invoices, liills, accunnts, and slatemeiits, or to produce for inspeclioii 1 iisnfl

accounts, ledj^ers, day-books, i.'ash-books, letter-books, iuvidce-books, aiulolliiTlwke,!
or to allow copies or extracts to be made therefrom, nejjjiecis or rcfiKscs sn Idilo, l»|
shall incur a penalty of not less than §'iOO nor more than 5>1, 00(1.

'JKi. If ill any prosecution, inforniation, or8uit> respcctin;; luiy BeiKitre niudo rniilei
this act, or any h'.w relating to the cuHtoins, <lecision or jndfj;meiit be ^ivcn fur ili«|
claimant, and if the jiidf;e or court before whom tho case has been tried or liruiisliJ
certifies that there was probable cause of seizure, thti claimant shall not bo ciititl '
to any costs of suit, nor shall the person who made such seizure be liable toanyiidii'Dj
indictineiit, or otiiei' suitor prosecution on accoiinl 'd'siich seizure ; anil if aiiyiii'linii,r
indictment, or otlnsr suit or prosecution account ot ids niakiii}]; or beinji (.'(imcnifJ ia|
the making; of such seizure, the plaint itf, if probable cause is cert i tied iLsaliin'sfliij
shall not be entitled to more thau twenty cents dauiai;es nor to any costs, iiorjlull|
the defendant in such jnoiCLiition in such case be lined iiiorc thau ten ci'iitM.

•217. (iiiods claimed to be exempt from duty under any act relatiii;; ti>iliitii'softi«-|
toms shall, in the entry thereof, be described and set Ibrlh in the words liy vliit'il
they are describi'd to be free in the act or schedule ; and floods not iinswcriiij; siitkl
deseiiplion shall Ik? seized and Ibrfcitcd ; or if the collector deems it ('Npeiliriit.btl
may detain the j;(iods and report the case, for the action <d' the couiiiiisHioiioi"! ^i*|
tomsaiKl the di'cision of the minister of customs, as provided in this :\c^

•JM. When any vessel, vtdiiclc, e<)(ids, oi' tliiii^j iias been seized or (letaiin'il '"""I
any of the provisionsof this actor of any law relalinj; totl^.^ customs, or wlioii itjl
allej^cd that any penalty or forfeiture has been incurred uuiler tho provisiens nt Injl
net, or of any hiw relating to the customs, the cuihictor or tli<! iirojicr oliioeiwl
iorthwith report the cirenmstances of the case to i'le commissioner ofciisjuiiia. T

219. The <'()ininissioiier may ihereiipon notify tie 'iwiier or (daiinaiit of tlie thiM
seized or detaiiuMi, or his agent, or the pi^rson alleg "d to have incurred tli(M|'''i;'|'J"
forfeiture, or his agent, of tho reasons for the seizure, detention, penalty, or lorltiln"
and call upon Lun lo furnish, within thirty days from the data of the notice, oucli ni

llUaiimt, Mora cojiy

RIGHTS OF AMERICAN FISHERMEN.

373

llfiioi- in 111" loiitttT iiH lio may <li>Hiio to fimiinli. Hncli iividi'iico may lio by iiffldavit
I'alliriiiiiliiiii, iiiiiilo Imforo iiiiy JiihIico of ihr jicm c, any L-(ilI('ct<»r ol' cuHtniiiH, any
lwnimiw«ii>ii«'i" for tiikiHK fillldavitH in any coiiil, <iiany notary pulilic.

•Ml After tlic I'xpiraiion of tlio fiuid lliirty diiy«, or moouci if the perHon ho calliMl
Iniimi'"'"'"''*'' •■vidiMH^e ho dcMin-H, liio »()mmiM«ion«u' may ewiiHiilor and W(dj;li tlio
ifirnini'tniii'i'H of tiutcaNO, and repoit liiM opinion and reuoniunaidation tlieruun to tho

llllillistlT 111' CIIMlOIIIM.

ti\. Tilt' iiiiiiiHtor may tlwrciipoii j;iv« his dfcihion in tlio matter, r<'Hpect,inn tli«
Iriziii''. (I'tcntioii, penalty, or lorl'i'itnro, and tlif li rniN (if any) upon wliiidi tlm tiling
Lidd nnlclainrd may In; rilcas<'d, di tlm iicnalty or li>rf«'itnrc remitted ; and if tlio
liiwiicrnrrlaiMiiiiil of tlio tiling «ci/.»Ml or detained, or the [lerHon allejjed to liavo in-
Ifurri'il til'' I "'illyi HimiilicH in vviiti»iK. ''.V liiniNclfor liis uj;''"*> '•''* acceptance of tlio
Idicisioii, 111 11 '"' I'oiind thereliy, and tlm lenim llivieof may bo enforced and car-
Iriid out, nml m any action, .suit or proceedinjj to recover any money claimed by virtno
Ifll'siirli (lieiKiiiii the piTsoii acceiitiiix the hiiijio hIiuII not. be ;it liberty to set iip that
Itbi'liiiii" Hoi/.i'd wan not liable toHtu/.iire or detention, or th:u he bad not inoirretl
Lnv iicniilty or Ibiteitiire.

T^i. lint if the Mild owner, or claimant, or person, or his a);ent, within twenty <layH
liltir liiiviii}; liceii iioi Hied of i lit* tbcihioii, (;i\ cn to tli(^ iiiinisirr of customs notice in
lutilii!;! tliiil Hiich deciNion willnot lie aecejited, orif sncli twrnty dayseliipse without
IiiimIi ilK-lKi'iii heiiig accepted, proceediiiy;s for the condemnation of t'-e thiiij; Hei/ed
|(ir fur till' liil'oi'cciiient ot the 'Hiialty or forfeiture may W tiiUen without delay.

iii. lllliesiiid decision be . . cepted ii>, by this act provided, and if the ternm thereof
JiiMiiit InrlliW'tli complied with, the minister of customs may ebsct either to enforce
Itlic tcniiH of th(^ decision or to take pr<iceedings tor the coi demnation of the tiling
|8fi/('ii, or for tlie eiifnrcenici.t of the penalty (U- lorftMtnro.

t'4. If ii t( nil of the decision be that thr' thinj,' seized ordetained be released upon
Ipaviiiint of ;i Himi of money, and if such uuim^v be iiot]>aid forthwith after aeecptanco
lot tlio (Ici'iHidii, aud if the minister elects to enforce the decision, such thing may bo
mliluiid tlie net jiroceeds ajiiilied towards ]iayment of sindi sum, the balance (if any)
Itolii'liiiiKli li over to the pi-rson entitled thereto. If such, net proceeds be not fiiilli-
Itic'iil to pii.v Mii'h Huiii the jierson accepting the decision shall be liable to pay the
liiiioiiutof the deliciency, and the same may be recovered from him as a debt due to
[HpiMiijfsty.

ti'i. if iiitir ucoeptanco of tho docision, the person reriuired thereby to pay any
jdmiioj'nioiioy as a iieniilty or forfeiture, does not forthwith fiay thesatuo, the amount
Itiicri of limy hv recovered from him as a tlebt due to Hc^r Ahijcsty.

iXi. No action, suit, or jirocecding shall be coiiimenced, no writ shall bo sued out
|i;;iiiii8t, nor a cojiy of auy prcK^ess stirved uit.iu any oflicer of the customs or person
~»:ii|il(iv(il fortlie iirevention of smuggling as aforcKaid, oi'U]iou any olTlcer of customs
Puiinytiiiiig done in the exercise of his otlice, until one month after notice in writing
1)118 biH'ii (li'iivered to him, or leCt at his usual place of abode, by tho attorney or agent
kf till' party who intends to sue out such writ or jirocesa, in which notice shall Im
ciiarlj ami explicitly contained the cause ol the action, tho name and place of abode
lof till' iifisoii who is to bring such action, md the name ami place of abode of the
httonii'ynr agent ; and no evidence of any ca'ise of such action shall be iiroduced t>x-
jtflit of such as is contained in such notice, and no verdict or judgment sliall be given
Bortlii' iilaintitf, unless he jiroves on tho trial that such notice was given ; and, in do-
jfaultol'siiob proof, the (h^fendaut shall receive a verdict, ()r judgment and costs.

'.'•.'". Any such olHcer or ])er8on against whom any a<;tiou, suit, or jirocceding is
liriini;lit on account of anything done in the exercise of his ollice, may, within one
noiitii after mich notice, tender amends to tlio Jiarty complaining, or his agent, and
|ii'a(l siicli ti'iide'r in liar to tho action, together with other iiIinih ; and if the court or
firy (a8 tlin case may be) find the amends suHicient, judgiuent or verdict shall bo g! ,en
Bor iLc defendant, and in such case, or in case the plaiiititt' becomes non-suited, or
Wsiontiniies his action, or judgniont is given for the defendant upon demurrer or
Btbti'wise, then such defendant shall bo entitled to full costs of defense; thodefend-
|iit, liy leave of the court in which tho action is brought, may, at any time before
psiie joined, pay money into court as in other actions.

I if.'"'. Every such action, suit, or proceeding must bo brought within three months
Jiftcrtlic cause thereof, and laid aud tried iu tho place or district where the facts
omiiiitted ; and the defendant may plead tho general issue and give the special
mattor in evidence ; aud if tho plaintiff becomes non-suited ordis<'ontinues tho action,
►fil n|ion a demurrer or otherwise judgment is given agaiust tho plaintiil' the de-
pniiantMliall recover full costs of defense.

'"• Ii ill iiiiv such action, suit, or proceeding, the court or judge before whom tho
Jt'iiiii is tiieil certilles upon the record that the defcTidant in such action acted upon
|f|'Mi|(Mati,M', tilt 11 the plaintiff in such action shall not bo eutithul to more than
l'i"ia«es nor to any costs of suit, nor iu case of a seizure shall the person wlio

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23 WFST MAIN STREET

WEBSTER, N.y. MS SO

(716) 872-4303

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I

374

RIGHTS OF AMERICAN FISHERMEN.

made the bcizure bo liable tc any civil or criaiiual suit or proceeding on accMnJ
thereof. ' '

2'M. In addi tion to the p nrpoHcs and matters hereinbefore or hereinafter inentioneil
the governor in conncil may from time to time, and in the manner hereinafter nw
vided, make reij;nlatioB« for or relating to the following purposes and matters;

(I) For the waiehonsing and bonding of such cattle and swine as mav he slanji,.
tered and cured in bond, and of such wheat, maize, and other grain as may be gronJ
and pHcked in bond, and of such sugar as may be refined in bond.

(2j For the branding and marking of all duty-paid goods and goMs ontorcd for^.
portation, and for regulating and declaring what allowances shall be made for tiirfoj
the gross weight of goods.

{'.)) For declaring what shall be coasting trade, or inland navigation, rpspettiveiy
and how the same shall be regulated in any case or classes of cases, and forrdaxinr
or dispensing with any of the requirements of this act, as to vessels engaged in such
trade, on any condilioiis which he may see fit to impose.

(4) For appointing places and ports of entry, and warehousing and bondiug iKiru,
and respecting goods and vessels passing the canals, and respecting the horsea ^
hides and personal baggage of travelers coming into Canada, or returniug fhcreto,
or passing through any portion thereof.

(.5) For regulating or restricting the intfortation of spirits, vine, and malt liqiion,
or oilier goods requiring to be weighed, gauged, or tested for strength or qnantity
and limiting or prescribing the kind and capacity of packages in \7hich tbosamonuj
be imported, and the conveyances by which and the ports or places at which thi
same may be landed and entered.

(fi) For exempting from duty any Hour or meal or other produce of any whfat(j
grain grown in and taken out of Canada into the United States to be gronnd, anil
brought back into Canada within two days after such wheat or grain has lieenio
taken out to bo ground, or any boards, planks, or scantling, the produce of auyliigi
or timber grown in and taken out of C anada into the United States to besawii.sDi
brought back into Canada within seven days after such logs or timber were so taken
out to be sawn.

(7) For regulating the quantity to be so taken out or brought in at any onetime
by any party, and the mode in which the claim to exemption shall be established and
proved.

(») For authorizing tlie appointment of warehouses, and regulating tbosecnritj
which shall be taken from warehouse keepers, the forms and conditions subject to
which goods are to be warehoused, the mode of keeping goods in wanliouse, anilrf
r(>-moving such goods therefrom, and the amount of warehouse rent or license fees,

(9) For extending either by general regulation or l>y special order, the timefofj
clearing warelioused goods, and for the transport of g>>od8 in bond from one yon a
place toanollier

(10) For regulating the form in which transfers of goods ij warehouse or bond Iron
one i)arty to anotber hhall be eniered.

(II) For nxemjiting goods from duty as 1-eiug the growth, produce, tr raannfactore
of Newfoundland, if such exemption be provided for by any act rel.-iting to Custemij
and for reguiatiiig the mode of proving such exemption.

(12) For transferring to the list of good*-, which uuiy be imported into Canada freeol
duty, any or all articles (wlnither natural products or products of mannf'actnres) used
as nniterials in Cana<lian mai: iifactures, and any such materials transferred tothefm
list by such order in council, shall be free of duty of customs for the time therein »[!•
pointed for that purpose ; and for granting a drawback of the whole or part of tlie
duty p.vid on avtichis which may liave been used in Canadian mannfactares; orfor
granting a certain syiecilic simi in lieu of any such drawi)a"k.

(l;i) For ajipointing the manner in which the proceeds of penalties and forfuitnw
sh.-ill be distributed. '

(14) For aufliorizing the taking of such bonds and security as he deems adTim-
ble for the performance of .-iny condition on whicii any remission or part remission o(
duty, indulgence or permission is granted to any party, or any other condition ntmlf
witii such party, in the matter relating to the customs or to trade or navigation; mil
sucli bonds, and all bonds taken with the sanction of the minister of cnstiwes-j
])resKed either by general regulation or by s))fcial order, shall bo val'd in law, «
upon breach of any of the conditions tlierof, may \ie sued and proceeded upon inlikel
manner as any othi-r bond entered into under this act or any other law rolaliufttothj
cust<im8. I

(1.^)) For any other jnirpose for which by this act, or any other law relating to tbe I
customs or to trade and n.-ivigation, the governor in council is empowered toiiiswP
orders or regulations ; it beiut; hereby tleclared competent for him (if he dfieaisil*!
pedieni ) to Muike general regulations in any matter in wtiieh ho may niakeaspw*!
order, and any such general regulation shall ai)ply to each particular ci^se within l»l
extent and meaninj^ thereof, as fully and efleetively as if tlio same relorre<l<lir«J,'l

4H*^

lllGHTS OF AMERICAN FISHERMEN.

375

If cadi iiiirlitMiliir case witliiu the iutoiit aud meaning thereof, and the oSlcers, fuuc-
tioiiiiiit'^) '""^ ]i:iitie8 )md beeu specially named therein.

•'11 Ami wliertas it I'requcutly happens that goods are conveyed, directly throngli

1 ,1,8 Tamilian canals or otherwise by land or inland navigation, iroiu «n«3 part of tJio

friintitr line lictwcen the Dominion of Canada and the United Stales to another, without

iv inti'iitiou of unlading such goods in Canada, and that travelers in lik*? niauner ])aB8

tliiiiiiult f lioitioi; of Canada, or come into it, with their carriages, horses, ovother cai

tie(lrinviiii;tlicsiinio, and personal baggage, with the intention of'forthwith returning

t<i flie I'lntcd Stages, or having gone to the United States from Canada, return to

Itffitii siuli articles, and though the bringing of such goods and other articles into

(^.^,i.jil;, isstiictly an importation thereof, it may nevertheless be inexpedient that tlnties

slidiilil l)eli'vitMl'thercoi) ; \\it\\ regard to all such cases as a<'oresai(l, the governor in

i council '''a'l , I'uui lime to lime, and as occasion may require, make such regulations

; iistflliiii' (iicni meet, and may direct under what eireumstauces such duty shall be or

shall not Ik' paid, and on what conditions it shall be reniitteil or returned, and may

mn' siioli bonds or other security to be given, or such precaul ions to be taken ut the

ios|iins(M)f tlieii.ilXTter (whether by placing olhcers of the customs on board any such

' vissi'lor ci.iriatje or othijrwise) as to him seem meet; and on tb(! refusal of the ini-

noiKT to comply with the regulations to be so maile, the duty on the goods so im-

iioriiMl .nIiuH lortliwith become ])ayal»le ; and all and every animal, vehicle, or goods of

am kind, bioiiglit into Canada by iiny traveler, <'xemptcd from tluty under such

rc'iiliitioiis or iitliiTwise, shall, if sold or ottered for sale in Canada, jjrovided tho

(limes I hereon have not been i)revio(isly paid, be held to have be(^n illegally imported,

aiiilsliall lie seized and forfeited, together with the harness or tackle employed thero-

wiih or ill the conveyance thereof.

jlli, In any regulation made by tho governor in council, under this act, any oath

: ordi'claralioii may bo prescribed and required wiiich the governor in council deems

nccisn.iry to protect the revenue again.st fraud, and any person or otKcer may be au-

tlmriziil to admiiii.ster the same; and by any sueu regulation, a declaration nuiy bo

\ substilntcd tor an oath in any case where an oath is reciuired by this act.

•SiX Tlii^ governor in council may by ])roelamation or order in council, at any time,

' anil fromtiiiK! t) time, prohibit the exportation or the carrying coastwise or by inland

i;;u'i|ratioii of the following goods: Arms, aunnunition, and gunpowcr, military ancl

iiaTiii Htoies, .•Mid .my artcles which tho governor in council shall Judge capable of be-

ijT converted into or made useful in increasing the quantity of military or naval stores,

j ]iruvisioiis, < 1 'iny sor^. of victual which may be used us food by man ; and, if any

j coons so pc( hiliited be exported, carried coastwise, or by inland navigation, or water-

I lionie, or laden in any railway carriagt,, or other vehicle, for lUe purpose of being so

I oxportiMl or carried, tlu-y shall be seized and forfeited.

j i'34. The governor in council nuxy grant yearly coasting licenses to British vessels

1 navigating t'le inland waters of Canada above Montreal, and may direct thai; a fee

i of titty loiils nhail be payable for each such license, and that the master or person in

liai|;iMif any vessel navigating the said waters, ami not having a coasting license,

mil, on entering any port in the Dominion with such vessel, pay a fee of lifty cents

i if siiili vcssil is not over fifty tons burthen, and of one dolli.r if she is more than fifty

tons Inirtlicn, to the collector on each entry, and a like fee of fifty cents, or one dollar,

I accoiiling to the bnithen of the vessel, on each clearance of siicb vessel at any port:

! ami micli Ices shall bis payable accordingly before such vessel sha U be entered (>r cleared ;

prviiled that tiie governor in coiiueil may reduce or readjust such fees, but may not

iiicR'iise tluiii ; and provided also, that vessel merely j»assing through any of the

I Uaiiadiaii canals, without breaking bulk, shall not. be liable to such fees.

£!j. All jioods slii|)ped or tinsliipped, imported or exported, carried or conveyed

I contrary to any regulation made by the governor in council, and all goods or vehicles

; ami all vcshcIh under the value of $4tJ0, with regard to which the reiinirements of any

?'icliic^'iiliit ions have not been coniiilied with, shall be seiz'il and forfeited, and if

1 such vessel lie of or over the value of iji'lOO, the master thereof shall, by such non-com-

! jiliaiice, incur a penally of $100, and tlie vessel may be uotained until the said penalty

I is jiaid, or satisfactory security is given for tho nayment thereof ; and any siicli for-

j feitiircNaiid penaltiesshu.il bo recoverable and may be enforced in the same manner,

lii'tort) the s.imc court and tribunal, us if iucurreri by the contravention of any direct

juovisioii of this act.

iHi. All gi'iu'cal regulations made by tho governor in council under this act, shall
liavc I'lli'ct fr(.;ii Mild after tht; day on which the same have been published in tlioCan-
hila Gazette, or from and after such later day as may be appointed for the purpose in
\m\] ri';;Mlafions, and during such time as sluill be therein expres.sed, orif no time ho
I'XprcNsi'd (or (i|,|, purpose, then until the same aro revoked or altered; and all such
I ffuniatioiiN m;iy lie revoKi'd, varied, or altcned by any subsequent regulation ; and a
hii|iy (it I he (';i Hilda Gazette containing any such regulation shall be evidence of such
|f|giilatioii to Jill iiiicnts and purposes whatsoever.

876

RIGHTS OF AMERICAN FISHERMEN.

237. Any copy of an order >if llio govornor in council luado in any sppcial niottir
and not being a general regulation, certified an a trno copy by tbe cleric er assistaut
clerk of tbo Queens privy council lor Canada, sball be evidence of such order Loall
intents and purposes wbatsoever.

'238. Ill every case wbere the person reiiuired to take any oath under any a';torrMu.
latiou relating to the customs, is one of the persons entitled by law to tako ii Holtimi
aHiriuation instead of an oath in ciril eases, such person may instead of the oatli
hereby re<iuired make a Moleinn allirmation to the. same ettect ; and every iicrsou liel'on.
whom any oath is, by any such act or regulation, required or allowed to bo taken ot
Holenin aflirmation to bo made, shall have full power to administer the sanio; mid'the
wilfully making any false Htatement in any such oath shall bci jterjiirv, aiultliewil.
fully making any i'alse statomout m such soh-uin aflirmation shall be a uiiHdciiieaiiut
punishable as pcnjury.

231). Whenever on the levying of any duty, or for any other purpose, it bcconiM
necessary to determine the precise time of the importation or exportation of any
goods, or of the arrival or departure of any vessel, such importation, if iiiailebysta,
coastwise, or by inland navigation in any decked vessel, shall bo deemed to have
been completed from the time the vessel in which such goods were imported came
within the limits of the port at which they ought to bo reported, and, if luado hylaml
or by inland navigjifion in any undecked vessel, then from the time such gooilNWete
brought within the limits ot Canada; and the exjiortatioii of any goods sli'ill I*
deemed to liav«i been commenceil from the time of the legal Hlii|)meiit of siicligoodj
for exportation, aiter due entry outwards, in any decked vessel, or from tbo time tlie
goods weri! carried beyond tho limits of Canada, if ihe exportation be by land or in
any undecked vessel ; and the time of tli(( arrival of any vessel shall bo deeuied lohf
the time at which the report of such vessel was, is, or ought, to have bi'ou iuade,aiiil
the time of the departure o£ any vessel to be the time of tho last clearance of sutli
vesscd on the voyage for wlii('li h'k* disparted.

240. Although any duty of custom.-* has been overpaid, or although after any dn;y
of customs has been charged and paid, it appears or is judicially established thattlii'
same was charged under an erroneous construction of the law, no such overcharge
shall be returned .il'tor the expiration of three years from the date of such payrnont,
uuless application lar repayment has been previously made.

241. No refund of duty shall be allowed after the lapse of fourteen days from the
lime of entry, for any alleged misdescription of goods by the importer: and should
any error of the kind bo discovered by tho importer wliile unpacking his goods, lie
shall immediately and without further interference v.i^h the goods, report tbe factsto
the collector, in order that tho same may be verified.

242. The governor in council may, VtUder regulations to be made for that purpose,
allow, on the exportation of goods which have been im])orted into Canada, and on
which a duty of customs has been paid, a drawback equal to tho duty so paid, witli
such deduction therefrom as may be jirovided in such regulations ; and in cases to lie
mentioned in such regulations and subject to such provisions .'is may be Ihoreiii made,
such drawback or a specific sum in lieu theieof, may be allowed on duty paid goods
manufactured or wrought in Canada into goods exported there from as aforesaid;
and the period within which such drawback may be allowed itfter the time tbe duty
was paid shall be limited in such regulations.

243. All bonds and securities of what kind and nature soever authorized to Iwtnkn
by any law relating to customs, trade, or navigation shall be ta'ten to and fortlion^e
and beneiit of Her Majesty, and such bonds shall be taken before the perforinanoe of
any act or matter with regard to which tho taking of any such bond or bonds Is re-
quired.

244. All bonds, documents, and papers necessary for the transaction of any biisincss
at the respective custom houses or places or ports of entry in Canada, shall be in such
form as the minister of customs shall from time to time direct.

245. Certificates and copies of official papers, certified under the hand and seal of
any of the iirincipal officers of the cnstoms in the United Kingdom, or of any colkctor
of colonial revenue in any of tho British possessions in America or the Went Indies,
or other British possessions, or of any British ccmsul or vice-consul in a for.igu coun-
try, and certificates and copies of oflicial papers made pursuant to this act oranyai't
ill force in Canada relating to the cnstoms or revenue, shall be received as preRiuii|-
tive evidence in reference to any matti^r contained in this act or any act relatini; to
the customs or on tho trial of any suit in reference to any such matter.

240. Whenever any person makes any application to an officer of tho customs to
transact any business on behalf of any other jierson, such officer may icqnire tlie
person so applying to produce a written authority from the person on whose liebalf
the application is made, and in default of tho production of such authority, iii..yK-
fuse to transact such business; and any act or thing done or performed by sue h agent
shall bo binding upon the person by or on behalf of whom the same is donooriier-

RIGHTS OP AMERICAN FISHERMEN.

377

hiiiicil, to all intents and purposcB, as fully as if the act or thing had been done or
leifiirrawl by tlio principal.

' -X. Any attorney and agent duly thereunto authorized by a written instrument,
irbicli bo shall deUvor to and leave with the collector, may, in his said quality, validly
hakeanv entry, or execute any bond or other instrnment r'jquired by this act, and
tall tlieroby bind his principal as olfectually as if such principal ha(l himself made
mth entry or executed such bond or other instruments^ and may take the oatli hereby
wniredof a consignee or agent, if ho bo cognizant of the facts therein averred; and
jiv instrument appointing such attorney and agent shall bo valid if in the form pro-
bribed by tbo minister of customs.

^ W. Aiiy partner in an incorporated company, association, or copartnership of per-
ions or their attorney and agent authorized as aforesaid, may, under the name and
trie usually taken by such company, association, or copartnership, make any entry
r'executo any bond or other instrument required by this act, without mentioning the
Bnie or names of any of the members or ot the other members of the company or as-
niation or partnerfjhip, and auch entry, bond, or instrument shall nevertheless bind
lem as fully and efl'ectually, and shall have the same effect iu all respects as if the
Bine of every such member or partner had been therein mentioned and he had signed
lesame, and (if it be a bond or other instrument under seal) as if he had therciunto
jiscdhis seal and Lad delivered the same as his act and deed; and the seal ther-
Dioaftixed shall bo held to be tho seal of each and every such member or partner as
[foresaid; and the provisions of this section shall apply to any instrument by which
ny company, association, or partuership of persons appoirit an attorney or agent to
Kt for tliera under the next preceding section. The person who, under this section,
lakes any entry or executes any bond or instrument on behalf of any company, as-
«iatinn, or partnership, shall, under the name and stylo usually taken by them,
|ritehisown name with the word *' by " or the words " by their attorney," or words
(the like oti'ect, as the case may be, thereunto rrefixed.

Schedule.— ^c/8 repealed subject to tlie provisions made in section 3 of this act.

Il, The act passed in the fortieth year of Her Majesty's reign, chaptered ten, and
Btitkd "An act to amend and consolidate the acts respecting the customs."
ti The aet passed in the forty-fourth year of Her Majesty's reign, chaptered eleven,
pd entitled "An act to amend the act, tbrtieth Victoria, chapter ton, entitled 'An act
laiiieud and consolidate the acts respecting the customs.'"

jnahjiical index, published by the customs department for use of collectors and officers of

customs.

Castoms act, 46 Victoila, cap. 12.

Section.

Snbseo-
tion.

Hmloced goods: How dealt with

Mtenii'titofdnties:
See, «!8o, Refund ot duty on goods damaged by water, Sec, on voyage of

importation

On gmh damaged during conrse of trauupoi-tation by land

Amenilniont of 40 Victoria, cap. 10, and its amendments ,

Kepal of former, to

riiuistratdr of estate : May make entry and take oath iu certain cases

M.U It. (Sue Oaths.;
praialiim. (Si^e Oaths.)
Wim and abettors:
<:«nfonie(l in «vading payment of duty shall, in addition to penalty, &o.,be

(Ifemoil guilty of misdemeanor .!

i-ialiility lor cucealing or removing warehouse goods ,

Wliat shall b« roparded as nn allowance for damage, ifec

i j°p''^»'''' or dralt to bo regulated by governor in council

C- '^''^'*''' *''■' """^ tender and' plead in bar! !"!!!',! ^ !!'.]!!" 1 !!!! 1 i!!] !

i &T'' fo'' penalty for unlading goods without report, &o

In. J'' T^ '"' ''"'•1 <"■ deUvercd on deprisit, &.o

P»H»,> ova Scotia: Vessels entering, &o

I !™I"/''"^l''t'"ns before justice of the peace, magistrate, or judge

W from other courts .J *

K'lSt''^'"'"^""^"' "Ot to Kive security '.'....'.'.'.'.. '.[[\][[[l[.

'lJ^,,';*"}''">'""aKed by water, &o., on voyage

I • 1 ot appraise! re examination and a88e*8meut of damaged goods

124

."iS

54

2

3

85

153

•:.-.

158
60

04

230
227

2

80

205

61

208

209

210

53, 54

55

Mf'

S78 RianTS op AMEIIICAN PlSltERMEI^.

Analytical index, 2)ublished by the cwtotns department, ijc— Continued.

,1'!^ .'

Customs act, 46 Victoria, cap. 12.

Apprniseraont— Con tinned.

What Hliall not bo regarded an ovidunco of tlamago, &c

Percentago of damage to bo deducted for duty..

Samples may bo tnkoti for ,

Governor in council may appoint appraisers, local or Dominion

Form of oath of appraiser

Collector may not as appraiser without taking special oath

Minister of customs may direct api)raiaer to attend at any port or place with-
out taking new oalli, &o

Invoices representing cash valua may be added to Ity appraiser

Decision of appraiser as to class, &c., of sugar to bo final, unless upon ap-
peal to commissioner of cnstoms within a certain time, &o

Power of appraiser to examine on oath

By collector or appraiser to be linal in cortiiin cases

Imjjorter, &c., dissatisfled, two persons to api>rai8e and report *o commis-
sioner of customs, his decision to bo final

Remuneration of persons called in, and bj- whom to be paid

Penalty on person refusing to act

Bonus to appraiser, for diligence re goods taken for the Crown

Appraiser to certify to undervaluation in certain cases

Arms and ammu'jitiou : (loveinor in council may prohibit exportation of

Army, navy, or marine officer: Punishment of persona for raalicioasly or will-
ful''" wounding any '. . -

.'.rticles:

Mannfactnred from two or more materials, how classed

Knumcrated under mora than one name, how rated for dnty

Perishable, &o., may be landed from vessel

Assignee: May make entry and take oath in certiin cases

Association, &c. : Any partner in, or authorized attorney oragcnt, may execute

bonds, without mentljning names oC the other members

Attomey or agent:

Declaration to b'j attached to bill of entry

Dissatisfied with appraisement, may appeal

Kequirements p« to transfer of goods in bond

To make declaration and answer all questions

May ship and clear gomls in certain cases

To give one month's notice in writing for any action to bo taken, &o

To produce written authority to act, action of, then binding

Dnly authorized, may execute any bond or agreement, tliereby binding

principal

Attorney-general:

May apply for "writ of assistance"

TIniess otherwise provided for, all penalties, &c., will be sued for by the...

May enter a nolle prosequi

Appealing, not to give security

Auction : All sales of forfeited goods, &o., to be by public auction, unless other-
wise directed ,

Averment:

To be sufiicient evidence in cerUiin cases .,

In suit or information that olHcer was duly employed to be sufficient proof.

As to place where any act was done to bo sufiicient proof

P>apgage-ma8ter : Suliject to a penalty for aiding in unlawful importations

ISanks:

Ceitificate ferrates of exchange retjnired

In which deposits are made to credit of recoivor-gencral mnst be chartered.

See also u,

Bills of exchange: 'Sat recoverable for goods entered under false invoice

Bills of health: May grant, &o

Bills of Liding :

Master of vessel mnst produce ,

May bo required by collector as farther proof

Bills cf sight: Particulars of, and when allowed

Boat :

Carrying goo<ls and relanded in contravention of bond to bo seized and .'br-
foited

Penalty on persons proved ti. have been on board smuggling

Power of ollicer to search persons on board

I'cnalty on oflicer for delivering and not seizing in certain cases

Bonds :

To bo given bv inipi/rter conditioning that packages delivered will not bo
open 3d until oilier packages are examined, &,o

Packages delivered without cxaminat ion required to bo returned to custom-
bouse under forfeiture of penalty of such

To be given by importer covering entries, to be made lot a period of twelve
months

For entry lor oxporl ation, or for wareliouse

For removal of goods from ono warehousing port to another

For goo<ls entered at frontier nort and paMsing to anothi^r warehouslngport.

New proprietor may give bond, that ot original Ixuider to bo ciinceled

Governor in council may dispense with, or jH'ovide for tlio canreling of, for
goods ill warehouse

67

CD

75
96
97

99
100
101
105
200
233

9

36
83

248

09
121
150
150
2!0
246

247

177
189
195
210

212

162
171
190

24

12

204
20.1
92
152

28
46

137
16t

180
187

110

HI

112
117
119

120
122

125

RIGHTS OF AMKKIf'AX FISHERMEN. 379

Anahjiical index, ^ ,Oli»lie<l by Ihv viiHlomn d<ntartment, «fc. — CoutiDaed,

Cii8t<)ni8 net, 4U Victoria, iiip. 12.

For niirposo "f deforriiip, <tc., jiaynicnt of duty not to bo accepted

Tobopivcn (111 entry fur oxi>ortaiioii from wiirehouso

Cuon wbat eviileiico to 1)0 cancoleil ._. .

llow costs may lie levied for suits, &e., bruuulit .or rocovory ot poualiy of.

For nnviiH'iit of costs. &e., roiiiiirod before (Hint; eliiini

Security l>y bi'iid "> bo liiveii on ai)))eal from eonvietimi, &o

ilovornor in council may MiaUo iO)inlatlnnH for tnliint; bonds, &o

To bo toller iMujesty'f use, and when to be given

Form of, to boat dire >tiou of minister

AL'i'UtoruttoriK'V du.y anthotlzed may execute, &o

iuyimitucrs or antbo'rizodntcentin' attorney may execute without mention-

ills; names of the other members

' Bffllliil, &C. : . , , i, 1. .1

I'olli'clor or aiijirainer niuj require production ot.on oatU

IN'iialty lor refiiainK to produce certain

Kiir cn'teiin); tr.iuslors to lie kept liy collector

To be proiliiced if required by collect')r re seizures, &c

IVniilty on pcrnons rofusiuj;, &c

iBramliiiKorNtiiiiipinK:

01 duty-paid (;iiod» botore beinfr delivered to importer

UoTt'iaor in council may make egulations (< > branding and marking dnty-

paid gooils anil {;oods entered for exportation

1 Criinds : Penalty on person.s counterfeiting

Eii.MiiiKs:

I'liwerofollicerto enter, &c

I 111 or near boiiiiilary lino, may bo searched, for smuggled goods deposited in .

May 1)0 serii'.liod by day or night

JBii'.lioL, &c.: May bo hiiided, &o.

|C;uiada(iazotto: All general rejjiliitiona of governor in council to bo published

I Id. as also any revocation of any regulation

|Caiiiulaplat*'8: Allowance for rust

ICJDCi'llatiou of hoDils :

(lovcruor in council may provide for

Wbat oviilcnce may be taken for

ICanejiiirp: Subject to' seizure and forfeiture for entry under wrong name

iCaiiios; May be enforced in cortaiu cases

|t'ai:o;

Storage >f, not to bo altered, &o

Master of vosscl to answer all questions re

Owuersof. to verify entry outwards by oath

Master of stcani vessels may bo called to answer q n est ions re pursers' report. .

OfTcsselsfoiiml hovoringand having probibitedgoodson board to bo seized
and forfeited

Pinalty ou persons assisting in destroying, throwing overboard, &c., smug-
gled goods ".

|CaiTia);i'8;

Forfeited if used in unlawfully importing goods

IVualfy ou officer for delivering or not seizing in certain cases

iCalllii : '"orfo'.ied if used in unlawfully importing goods

::>ui'ate:

ni banks for rate of exchange, &c

(If fonsiils for values of depreciated currencies, &c

Olrci;i8teriuust be on board importing vessel

Fio of 60 cents for each, granted by (collector

To be (riauted for removal of duty-paid goods from port of entry to nimther.

IH landing required re goods exported from warohouHO '

Ipon what ccrtificat3boud may be canceled ,

Of clearaece to be given upon due entry outwards

Of Idll of health may be granted by collector ou paymqnt of a foe ,

I'o bo presumptive evidence in cortaiu eases ,

ibareee :

On goods taken to warehouse for want of entry, &c., to be homo by the
owners .'

For opening and repacking packages, contents unknown, to bo borne by
tbo importer .'.

For storage, &c., of goods unladen from damaged vessels, by whom payable

lioods derelict, wreck, &o., may 'je sold to pay .*..

for packages, deduction from value for duty, not allowed

tm packing, straw, &c., deduction from value for duty, not allowed

(lovernor in council may declare what shall bo incluiled in value for duty
on sug.ir, slrops, molasses, &c

t reight may ho paid by collector, re. gixMls taken for the Oowu

i.imjls over two years m waruhouse may bo sold for, &.c

I Hckages abandoned to bo sold for, &c'

bief |. r""**' "'"''''l'P'"K' lau'ling, carrying, &c., to bo borne by the importer

Of customs, attestation of invoice or hill of entry may bo made before

ur inside flcrvice, has power to administer oath anii receive atllrmatlon, &o

Section.

126
137

i;m

1!U

1!02
L'08

'j;to

213
241
217

248

00

97

121

214

215

114

230
107

17,-1

17«

170

35

236
60

125

1.3R

76

104

10
142
145
151

103

164

23

187

23, 162

12

12

38

05

115

137

138

142

152

24.')

43

47
50
02

72
73

77
1U3
123
124
134

87
88

SubsQO-
tion.

14

380 KIGHTS OF AMERICAN FISHERMEN,

Analytical index, published by the customs department, ^o.— Continued.

P:%

U:i

Customa act, 40 Victoria, cap. 12.

Claimant:

Oiiim <if pi'iiol' tlint gondH liavo boon duty paid to lie on. In certain cases —
Aflidavil. Iiy, to acuonipauy claim aflur iiroonodings for coodoniuation liave

commenct'il

• To (tivo Hocurily fur costs, A.(!., bofnvo flilujj claim

X^xccution of Judjjment for restoration to, of jroods, &o., seized, not to bo

siiHpeudcd

Of Kooils seized to furnish certain books, papois, (to., if required

. Of (loods seized to furnish evidence l)v adidavit, if required

A( oi'ptiuK dotiision of minister to be i)indiD}; ,

Uefiisin)^ to accept ministers' decision, proceedings to bo taken

Claii)is:

I'articnlars of, for abatement of duty on damage by water, &c., to goods

Particulars for making re goods lost, &c., before binding

For goods, &c., seized and forfeited, notice to be made within a certain time
For articles seized after proceedings for condemnations bavo coramouced,

liow to bo made and whereto be Hied

Not to be valid unless security bo given to pay costs, &e

Not presenteii within one nioiitli from notice, 'judgment l)ydofanlt

Notice of intent to, where valiio of article seized does not exceed $100 ,

For goods as cxampt from duty, how to be descrilied on entry, &o

Clearance:

Certillcate of, to be given on duo entry outwards

I'emilty for vessel leaving without, &'c

Ili'qiiiremeuts before gr.inting

Fee from vessels in certain cases

Coast : (jrouds in bulk not to be broken within 3 leagues of, &o

Coasting:

GeveiTJor in council may declare what sliall be a coasting voyage ,

Governor in council may make regulations as to coasting trade of vessels, &o

S'^o also 1

Governor in council may regulate fees, &o

Coin : May be landed, &c

Collector:

Means collector of customs, &o ■

To receive fiom i^xsters of vessels, report of arrival, cargo, &c

To receive from iTasters of vessels by inland navigation, report inwards..,
May issue warrautfor lauding and storlngof goods in sufferance warehouse

I'articnlars of invoice required with bill of antry

May grant permit for conveying goods further into Canada if required

May appoint a secure place for storage of goods taken for default of entry,

landing, or payment of duty, &o

May require fnrtherproof of proper entry of goods

May open and examine suspected packages

Invoices showing proper quantity and value to bo produced to

May permit the warehousing of surplus stores of vessels for reshipment for

future use, &o .*

Duty of, re examination and assessment of goods damaged in coarse of im-
portation

W liat shall not be regarded as evidence of damage, &. , by

To deduct percentage of dam ige for duty

May administer oath to witness re goods lost or destroyed before landing . .

May allow cargo of damaged vessel to be landed and warehoused, &o

Mey take samples '. . .

May act as appraiser wiihout taking special oath

May add to invoices representing cash value

^lav add to invoices any deductions made re drawback allowed in country

of manufacture

May allow goods to be landed on bill of sight, on deposit to cover duties...

'I'o demand certitied invoices for perfecting entry

Invoic(!S attested on oath by owner to l)e produced to

May require invoices attested on oath by owner and non-resident owner, &c.
Not to receive any evidence contradictory to invoice produced to him, &o..

Attestation of invoice or bill of entry may be made before

Declaration of owner's representative to be kept by

; To retain and tile invoices, (fee

vK I'ower to examine oji oath

;. Appraisement by, to be final in certain cases

' .: To file, for future reference, depositions or testimony taken from persons

swearing falsely

i Shall select two persons to appraise, &o

Shall pay appraisers in certain oases

May take goods for duty, paying value and 10 per cent . . .

May cause a certain number of packages in eveiy entry to bo opened, &o. .

May require return of packages delivered witlioiit examination, &c

To fix nature and amount of liond to be given by importer covering entries

for a period of twelve months

To grant a permit certifying that duties have been paid for removal of goods.
May allow owner to sort, repack, or take samjjles from goods in wandiouse.
May make regulations for sorting, repacking, &c., in warehouse

107

201
202

211
214
219
221

222

r>;i, 54, 55
58
198

201
202
. 203
206
217

142
143
145
234
16

37
lU
2:10
234

35

4

25
27
32
41
42

43
46

48
49

50

55
50
57
58
5!)
05
07

70
79,80
81
82
8t
86
87
8<i,90
95
96
97

1)9
100
103
100
111

11'.'
)I5
118
119

SiihiM.
ttoo.

RianXS OP AMERICAN FISHERMEN. 381

jnalytioalindex published by the cu»iomHih'2>urtment,iJic. — Cuiitiiiued.

Caatoras act, 40 Victoria, cap. 12,

I *'" Mw'iiilow rpiiiovnl of (joods from ono wnrohouao to nnotlier, or from one

wwclionsiiiKPoitIo iinotlicr UM.lur boml ...........

May »ll»w Kio"" entered to puss to anotlier wareliousing port under Iwnd,

Tr enter trnnsfers in a boolc Itrpt for tliiit purpose ; • w

Mav ailniit of new security to be (jiven by tlm bond of new owner, that of

(ifiuinal bonder mny be cunceled

M»v 8pU for duty or wareliouse rent, goodx in \ iireliouBe over two years. . .

MavHllow importer to almndon pivclinees without payment of duty

Suliiect to ft penalty for nllowine payment of duties to l)e defurred, 4o

iiiiihippins, landing, and carrying of goods sbnll bo done in manner ap-

Si'ciirity by bond for exportation from warehouse to bo approved by

i pon what evidenoo bond may be cauo(>led by

To require from master of vessel entry outwards

Mauler of vesHo! to answer all questions, 4.0. , by

To reoelve entries outward venlied l)y oath before gran tirg clearance

Xot to nllow oars or vehicles to leave port or limits without payment of

' eipnrtduty -• --• -••. •■•

M»v purmit.aKent to ship and clear goods in certain cases.

May cdl upon master to answer questions re rei)ort ma<le by parser

May erant bills of health

May Htation olllccrs on board any vessels or ships

May search ceitaiu l)uilding8 on suspicion ,

Party to be searched may demand to be brought before

To appoint females to search females

All goods, &c., seized ivs forfeited lo be ]>laced in custody of

Notice of proceedings for condemnation to bo posted tip in olHco of, &.n

May deliver to owner articles seized on do])0»it equal to value and costs . . .

May sell aniiiials or perishable articles seized or deliver to owner on deposit

May sell goods, &o., for condemnation in certain cases

May call for certain books, pajiers, &v., re seizures

May d(!taiu for action of commissioner of customs goods ralsdescribed as ex-
empt from duty

Tu lepurt to commissioner of oastoms all seizures, detentions, and penalties,
and forfeitures incurred, &o '.

Evidence by affidavit or afflmiation may be ina^e before

Krrors discovered while unpacking to be reported to, &.o

ICoramiisioiicr of customs :

May change decision of appraiser as to class which sugar belongs, &c., In
certain cases

Has power to administer oath and receive affirmations, Sco

To examine report, &o., and decide re appraisement by persons, his decision
to bo final

May sue for penalties, &o

Action to be takan by, for goods misdescribed as exempt IVom duty

Collector or proper otHcer to renort to, all seizures or detentions, and pen-
alties and forfeitures incurred

May call for evidence by affidavit re seizures, detentions, penalties, &o

To report, &.C., upon evidence, &o

IComjiany:

Taking goods liable to export duty without proper entry, subject to a pen-
alty

Any trading, may eppoint agent to ship and clear goods

Any partner in, or authorized attorney or agent may execute bonds, &o —
ICciicpaliiif; :

Smudgled or prohibited goods, penalty for

Warehouse goods, &o., 8ul>Jeot to seizure, &o

Goods found on board vessel concealed, to be seized and forfeited

jConilomnation :

Of soods, &c., seized by officer in charge of revenue vessel

Want of notice, not to stay proceedings for

Of articles seized, liow to make claim after pi-oceedings have commenced . .

Seem ity by bond or deposit required for payment of costs

Of articles seized, .iudgment by default. lor want of claim

Ijipiisit made on articles seized, &c.,.to be forfeited

I'rnee^diuga for, on refusing minister's decision

I'roceedings for, or terms of decision enforced at election of minister

jLoniliictor;

Meaning of the term

Jnlijeet to a penalty for aiding, &c., in unlawful Importations

Mnst report trains with freight

Subject to a penalty for false report, 4.0

Penalty for refusing to stop when required by an officer of oastoms

[jODMeiieo. (See Impoiter.)
-oMiEnors:

Tomake verified entry of goods exported by vessel

ny railway or other land conveyance

Penalty for refusing or neglecting to make report or entry outwards

Section.

, Subno-
tion.

110

120

•

121

122

12a

124

127

133
137

138

141

142

145

146

ISO

U>1

152

loa

176

180

180

198

20U

204

205

200

214

217

218

210

241

76

88

go

■-Si

180

217

218

210
220

146

l.'H)

248
155

158

165

108
109

201

202

203

204-

222

223

4

24

33

33

174

145

146

147

i •■ 1

382 KiailTS OF AMKlilCAN FlSllKUMKN.

Analylioal index j'uhlished by the vutiloma depurUaenI, i|-o. — C'uiitiiiuua.

• CuatoniB act, 46 Victoria, cap. 13. ^,^.it';;i;s>,,

CoDRiil :

Cortiflciito of, for vnliio of iluprociatotl oiirionry rni|uiro(l

AtteHtiilioii of liivoiri>, &c., amy bo iiiuilo buforu nuy Uritittli oi furttign

Iti'illHli or foi'ttiKii, or viuo, inuy fjraiit luutliiiK oortiliuaU', &.c

Coi^ortition : Any trailiuK, iiiiky uppoiiit iigt'ut to uliip and clear gooda

CuHlxof Huit:

For unpaid diitioa iind pi'UulticH, vcoovorublo

I'orHouH siiiiit; for tbo Orown to recover full

8<'0urity by bond or dupoMit for pay inont of, in curtain caHOH

CluiinH iiDUor Hecurity for, and nut pretientod within ucerluiu time. Judg-
ment by default

ArtiiiluH Hcized may be dulivered to owner on dnponit equal to valuo and
costs

In default, of due notice for actlou, &o

For diHContinuiinco, demurrer, &,o ..

Of defense, by wbom to bo paid

For ))lHiutiirto be limited, if probable cause bo certified

Counterfeitint;:

Customs nuirksor brands, liability for

Using counterfeit paper, &u., liubility for

Courts :

In what court duties and penalties shall bo recoverable, ko

Kvidencu contradictory to invoice produced to coiloutor not to bo rocoived
in any court ,

Coj)ii's of invoice may be given on order or subpicna from court ^..

lu '.vhat court forfeitures shall bo recoverable

I'ei'Hous (;ouvictod for misdemeanor to be ilucd or imprisoned, or both, at
discretion of couri

In what, penalties and forfeitures shall bo recoverable

becurity to bn given to satisfaction of court for payment of costs

Judgment <>( conrt l)y default for claims not presented within one month. . .

Way order delivery of ai tides seized to owner on deposit, &c

Two .justices of the peace to he deemed court

In wiiat conrt ii|)peal8 may be allowed, &o

Security given for restoration of goods, &e., to be appmved by court

Judi;e of court, to oerlify in certain cases that there was no probable oausu
of seizure '.

Verdict or judgment of court on finding amends of olllcer PMllioient, &c

In what court x>onaltic8, &.C., for contravention of regiilaticus are recover-
able

Crown goods :

When liable to duty

Collector may take for Crown any whole or sejiarate packages, &c

Goods taken for Crown, how deaU with

Packages may he abandoned to the Crown for duty

(yurator : May make out ry and take oath in certain oases

CuiTency :

In which duties, penalties, and forfeitures must he paid

Depreciated, consul's cer-iiicate of value to bo given

Foreign, value to he fixed by governor iu council

Custom-house:

Goods exported must bo reported at nearest, &o

Goods must not be carrio<*)i)aBt, on pain of forfeiture, &c

Vessels to bereporti-d inwards on arrival from sea, &.C., at

Copy of report inwards furnished oflicer to be depusitetl iu

Vessels arriving bjr inland navigation to report at

Vessels arri^riug with goods in transit to other ports to report at, &o

Conductor of railway train to report at ,

Goods arriving hy land to be reported at nearest

Goods, &o., landed after business to bo reported nt first opening of

Goods entered inward at, and lost or destroyed beforo being landed, condi-
tions for making claims, &c

J Certified copies and extracts of invoices to bear stamp of

; I'ackages delivered without examination shall, if required, ho returned to..
. Goods entered at, to bo marked or stamped as directed hy regulations

Hook for entering transfe; 8 to be kept by collector in ,

jilxportation of gootls by railway or other land conveyance to bo entered at
noareMt ;

Goods, ifeo., llalde to forfeiture, to be taken to... .

Good.s, &o,, smuggled aud stopped on suspicion of being stolen to bo taken
to

Penalty on police officer neglecting to convey goods detained by him to

Punishment of persons destroying, by fire of otlierwise

All bonds, documents, aud papers to be in form directed by minister of

customs

Damage to goods :

Allowance for, b.r water, &c., particulars for making claim

Imported by land, during course of tiaQsportution, particulars

What shall not he regarded as evidence, &o

Percentage of damage to be deducted for duty

IS

HO
US
127

I.'.:!

188-liiJ
2U2
203
201
201
200
211

210

227

2M

63
103
104
124

«S

12
12
12

19
20
25
2C
27
32
33
34
36

.■»
05
111
114
121

140
182

183
184
186

244

,53

64 .111(1 56

50

67

RIOIITW OF AMKICICAN Fl.SIIKUMKN, ■]S'd

titiahjtkal index, publ'mlietl hy Ihe m»lomn lUpiitlmvul, ij'c— Contiimi'il.

Cuatoius act, 40 Victoria, cap. 12.

^Urallon. (SeoOatUu.)

*''j'p*°vil,iP l(y r<M\80U of ilmwback not ultowed

U, value of imckntrtH not nllowwl

Ki>r (hargr» 1. ir iiaikiiig, straw, in:., not allowutl

UhiuI io loave jirnvliKe wbero unit l« I)i'i>iig1it, An,, iimy Ih) ai'icMtvil

;„,lj,niiiyl)fiiitorfB(l ajjiilust, In curtain canoH

J- ' jcniiirror. &«'., entitled to lull coi.tJi of action, fto

Xurrciivii'fulIiuHtHuf'del'ouHefor UiHcoutiuuanvo, liu., oruutioo or aiilt by

pluintifl'

If piobiible taiife bo ccrtillod upon record, damaKo niiU o«hIb to
nomr; Costs I'ur, ou uctlou or Huit by wboin i>nyublc>

bo liniltiid

Taken to cover duty on ({omls by bill of nljibt, how doiOt with.

Jlavliotukcuassi'tiirit.v for ))avnioQlof chhIh, &«

iiticlfi" WIS' <1 "»'.V '•" dclivorcd nn

TskiD for delivery of articloa sttizud, how dcalli with

IViiiilty for rerimini: to Milmcribo tianiit to, r« nimralHonit'iit ot mmAn

TrMiiiionv in wriliii,'; takon lioiu (u'lHuim swtwrliij? lulnoly to be lilwl, 4.0. .
irilift. wrecked. &e.:

fimls Biilijecl to duty -

IVnully for not reporting such Koods.

Hinlii'ii:

(If vessel for III oakiiig bulk, &o

(If vessel, penalty or m'curity for oiitorlnR otliur port ofoulry

1)1 \(s»el, iioMalty on nmstcr for untruo ropurt, io

Of vi'ssel. vuhlelo or anlmalH, penalty for unlading g<iod8 wilboul report,

or untrue, &o -_

(If (ooda taken for tho Crown, bow dealt Willi

II' vessel, penalty on master fur leaving wiiboiit oUiaraiice, delivering

false content, &c

OfeiKwlsriniaining in warobouselor payniont of diitie* oiigiHxlH concealed

or iiulawfully leuioved

Uf vessel, penalty on master for breaking liatohes, luck, seal, &o., or sccrut.

in|! gooon

Moollon.

Ofjuspeeled packngcs ^^

1 Ulliecrcalliu); for aisMiHtaiice to detain vcshoIh, robicluii, 4is., on reasonabb*
Hifpition not liable to proHocntion

Poliie officer iieiilectiug to convey gooda detaiiicd by lilni to oiiiitom-ho\i80

sulijict to penalty

I Ofikiiiid.iiit liy anoat, for leaving Province, *o

Ofv,>sMl, vehicle, gooda, &o., to be reported to couiiulaHinner of oiiatouia. ..
ilrilraliun;
rotpeniilties, &c., governor in oonncU may regulate

Sfealso

Kanient :

[ Fur purpose of deferring payment of duty, iiot to be accept oil

Lialulity for falsitying or counterfeiting certain

Fdiinof, to be at direction of minister

; May bo broken ojieii in certain cases

70 Bud 71

7a

711

102
104

227

228
220
227

70 and 80
202
204
205

07
08

(lU
01

10
22
JO

:io

103

143

158

:fl5
172

173

184

Allowance for, to be regulated by governor lu ooniicil
jift'also

Mttback :

AlloKod in country of manufacture, to form part of value for duty

Giivenior in council may regulate importntloim for apectal imi-poHas, Slo

Giiveruorin conncll may allow drawback on duty.iwid goods and uxiiorted

iirm.inafactiiied in Canada, &.c

BtfT: Ofvebicle, &c., penalty lor refusing to stop

Ilirsufcnstunifl:

I Towliicbact iipplies

I (iovtiuorin council may establish rates of, iu certAlu aaseM

Cnnencvin wbieli, must bo paid

Imposed according to epecido qanntity or value

! Must lip paid to receiver-general

I A (lel)t to Her Majesty, bow recoverable, with costa

i Must lie p.tid down uoloss goods are warehoused

To lie paid only at port of landing

Collcitorniny require further proof as to rating description, &o., for

Aliaiemcnt of. allowed for damage bv water, &c., lu ceitain cases

weiitage of damage to be deducted for, &o

Kf turn of, ou goods lost before landing, &c

Goods sold for payment of repairs to vessel, or for chargos, anliject to

Goods derelict, tIo.ntsam, jetaam or wreck or landed, or saved from stranded
or Tucked vessels, subject to

Goods dcielict, &c., subject to forfeiture for non-paymont of ,

I ^»™» derelict, (fcc, if not paid, within a certain time may be sold

Grown,erexemptedgood8xf sold, liable to

Biibaeo-
tiou.

IU,2

218

.---•

V13

230

1211

1118

13

"44

179

(14

230
70

2

78

!>4?

174

f)

11

12

1.")

14

1!i

42
4.'*

411

53

57

5H

50

no

61

02

0.)

384 RIOIITS OF AMERIC..N I'lHHKUMEN,

Analytical index, publialwd by the ciiHloniH diiturtment, <)t. — Coiitliimd,

Customs Mt, 40 Victoria, cap. tX

PXT,

DutioH orciiHtom*— Contlnnxd.

(iimmIh paMiiiK ii> tmnHit throufib anotlior country, liow valurd for

DcpiiRlt HiitiWtiiint to cover, on gocMln cnterlnK by bill of nigbt, Xu Xw niudo.
Additional, ii cuBvHol'undun'uluatiou — Hoizutc and toifoiture for uou-pay-

nunit

OoodHover two years may bo Hold for, &.0

WurobouHe packHCCR niu) b« almudooed ar, &o

Bond, note, or other docameut, lur the purpose of deferring, &o., payment

of, not to bo ncceptad

Collt'ntor or otbor ot)ici>r subjvct to a penalty for allowing payment of, to bo

avoided or deferred, &o

OoodH taken out of warehouse to be subiect to dnty nt current rates

Tayable in nil cases on quantity and value as stated on iirst entry wbeu

ori);iuall V warehoused

EutrioH inwards I

Importer to enti^r within three days

Particulars of

OoodH mav lie taken to warel .ise In default of

Of uooils f'lr another port, to \ a completed at that port

Colu)ctor may require fnrtbor proofs as to correctness of.

Xot valid unless Koods corro8]>ond with report

Quantity and value to bo always f!;iven in

Ity bill of sight bow and in wiiat cases allowed

N'ot deemtMrperleet unless certified invoice is pro<luced, tto

Invoice attested on oath to \m produced with

May bo made by executor, curator, administrator or assignee

Collector or other ollicer subject to a penalty for allowing payment of dnty

to bo deferred, <kc., except by regular

Duties payable on quantity and value as stated on first entry, &o

* Of goods for wareliousi ig, to be deemed waraboused for certain purposes...
Of goods niisdoscribed as being exempt from duty, to bo seized and for-
feited

May be made t>y any partner, or anthorized attoraey or agrnt without

mentioning the names of other members

Entries outwards:

Of goods exported from warehouse

I'iirties not authorized, sul)Jcct too penalty for making

Of vcHsels, particulars of

To be delivered to collector before clearance is granted

Particulars of, by railway or other land conveyance

Of gorals from warehouse must correspond with entry inwards

May benuulo by agent In certain cases

May be made by any partner or authorized attorney or agent withont

mentioning names of the other members

Evidence:

Contradictory to invoice not to bo taken re value of goods

Proof of existence of another invoice to be sufficient evid(mce of frand

Upon what evidoneo bond may be canceled

Averment to bo sufficient in certain cases

Averment in suit or information that customs officer was dnly employed to

\m sufficient

I3y affidavit to be furnished in certain cases

Conjmissioner to report on

What only may be adduced in certain cases

Copies of Canadian Gazette containing regulations to be

Certilied copies of orders in council to bo

Certain documents to be presumptive

Examination:

Goods removed from place appointed for, before being examined, liable to

seizure, &c

Of Huspected packages, or contents of packages unknown to master, &c.. .

Regarding claims for damage by water, &o........

Of goods entered on bill of sight

Penalty for false swearing on, revalue of goods

Collector, appraiser, &c., may order a certain number of packages in eveiy

en try for

Provision as to packages delivered to importer before

Packages delivered witiiout, shall if required, be returned to the custom-

house

Of vessels found hovering, &o

Execution of Judgment :

Of court for penalties, costs, &c., how enforced

For restoring seized goods, &c., not to be suspended

Executor: May make entry and take oath in certain cases

Exemptions :

Collector may require further proof before accepting entry, &c

Crown or exempted goods if sold lialrle t o dnty

Particular.H for entry, liable to seizure for misdcboription

Expenses to bo deducted from proceeds of forfeitures before distilbution. Sic. .

SeotioD.

74
VO-M

102
12S
124

I2«

m

12«

132

40
41
43
45
46
48
411
7»
• 81

8t

127
132
186

217

248

137
13»
141
14i
146
148
150

248

138

171
219
220
226-228
236
237
245

Uui.

106

no
111

163

m

211

85

46
63
217
213

RIGHTS OF AMERICAN FISHERMEN. 385

Analytical index, published by the ouiitumi department, tfo.— Coutluuod.

8uW
Un.

248

63
138
162

171
219
&
>6-228
236
2;i7
245

20 .

:::

r.;i

7!)

'j8

106 '

110

Ill

163

m

211

85

46
63

an

213

Cnttoms act, 4C Victoria, o«p. 12.

ur eooUs mutt bo ropoi to(l at iinaroHt ('iiiit<mi-lioiiH(\ Sco

domUinay bociitcrril for, without imyiiioiit or duty

I'lKHlnfiir, to lio tlnally cluariMl withlu two yoiirn I'niiu waroboiisii or hoIiI . . .
(idoili talii'ii oat of wurcbui'NO fur, uDil roluudud, 8uld, 'la., to bu solzod and

Uiiuilityof liDodn tjint miiy b« tukeii out of warrhouno for

llind to bii ({iveii ou entry for, of kO'mId t'rom warobouHo

I'aitlea not aiitliorl/.ud nmkliiK uutry for, fruut wmo^iouso subject to •

|i«ii»lty ;

livinipoitiiiL'vraitol

What Hhiill b« cuusidoriHl tlio proper value for

Wriflwl cntrv required from vexsol

Viiitif il out I y required from railway or other Innd convoyanoo

Kutrv nutwiii'lH niu8t ncreo with entry Inwards

A«f lit iu»y enter RoodH for ,

liporirr: Me'ttnliig «f the 'erm ,

Fur gruntin;! certified conies ur extract of invoices

i'lirfraiitiii}! billH ofheiilth

Fur repurtiu); anil eleariuj; in certain cases ,

I'i'rMins taking away seized coods, to be ailjudged t;iiilty of

UMnietiiii!, aHHHijlilng, or rcHlHtinc olHcorH, &c., liriuK at Her MivJcHty's
vrwirlti, wDiuKlii'iK jierHouH In Her Mi^jeHty's Htirvlee, biiviii); (cimhU liabln
ln*eiziire, nnd beiii); armed urdisguiHcd, ur destruyint; vohhcIs, gouds or

;iii,v I'liatoni-bouHe, &o., to be

fcniMrs: TiiHcareh t'emnlen

: Kri'nii, may lielamlvd before entry

Uiiiin: Viwls engaged in, may take warehoused goods as stores

lolun. &0. :

Goodi lul^ject to dnty

IViialtv I'ur nut repoi ting

Ilour. ii'iiul>iti(in»reHpee.tiii<{ grinding, &.O., in bond, not to extend to tho sub-

I Kllllllillll 1)1'

forffiiure (see IViinlty) :

L'liimicyiii which iiiuat bopald

Ul ciiiJilit unladen beCorc entry, &c

(If umhIs earned past custom-honso ur removed from place appointed for

ixamlnntiou

Orvdsel and goods, for entering other than a port of uutry, except In cor-

liiiiicaueH

(ir iidods unlawfully imported by land

or Kijoils unlawfully imported by railway

Car. tube (ietacbed from train, for containing smuggled goods

0( scjils found on board vesHel, or lauded, and not reported ,

or |iiohiliiteil goods found iu packages for exportation, or for inii>ortatlon to

another port, A-.o

(jinductor subject to, for false report, &c

Fi.r viulations of coasting regulations

(ifjtowls.aud penalty, onmastor, for unlading of goods without report, &.C.

01 goods Inndod witlioutdue entry, &o

Of goods not correepoudiug witli report, &c., convoyed beyond port of

iiitry, niifedescribod, &o

Of goods and penalty ou pernon for having in his possession goods derelict,

jileani, lioatsum, or wreck, without reporting, &o ."

Of mjwn or exempted foods, sold without ontry or paymeutof duty

Of simps entered under wrong names

Of goods, and penalty, on person for false statement in declaration on entry .

of goods, and penalty, for presenting false invoice

(if goods, for false swearing

Of goods, for nonpayment of additional duties

01 goods, found in package and not mentioned in invoice or entry

01 goods, found not corresponding with invoice or cntry.or fraudulently nn-

Of all goods and packages in entry, for wilfully Vaiso oath

1 ackages duliveriul without examination to beroturued under fuvfeiture of

ptnalty of bonds, &o ,

I '•''Uecior or other officer subject to, for allowinjr payment of dnty to be

i deferred, &c ".:...

' Of goods entered to be, but not warehoused, taken out for exportation and

; ulauded

i 01 goods removed without permission from coiiectoi &c

i "' soods rclanded, &c., in contravention of bond together with vessel

I ^.f ^"."',6' not authorized for making entry outwards from warehouse

iwuuips stores delivered from warehouse and relanded without due ontry,

together with vessel

I On master of vessel for leaving without clearance, delivering false content,

I ^"^^'^ exported from warehouse and not agreeing with entry inwards. .

S. Ex, 113 25

19

in

na

1 28
13li
137

130
141
14S

145
140
140
15U

4

05
152
•Sii

18S

IRO

180

35

14

00
61

130

12
1(1

20

21
23
24
24
30

31
33
37
30
44

48

61
63
70
00
04
98
102
107

108
109

HI

127

128
134
137
139

140

143
140

Onb-
seotion.

» ■ - ' * t

H -4

38G Kioni'S OF amekican fishermen.

Analytical index, publithed by the cu$tom$ departK^nl, ^-o.— Continued.

Ciistoma ftct, 48 Vl'itorln, o»p. 12.

FoifoittiTd (see Penalty) — Continueil.

Of goods fornntrne report of pnrgflr ;

Of Kou<l8 8inii|;);le(l or pnssed under falfio invoice

For ofl'or.nK for .lalo goods protonded to bo 8niaKf;lud, &o

Of smuKgled goods found on two or more porsons in company, &o

Of Boons oouvenlcd or unlawfully removed frcin wiirobuuno, and all goods

of same iiuporf<>r liablo

Of vessels, vehicles, horses, harness, cattle, to., used in conveying, cu-

shipping, or removing good.-* liable to lorfoiture

Of vessel and cargo founuhovering in British waters with contraband goods

on boanV

Of goods found concealed in vessels .

Of goods fiilsolyinrirkod or branded ,

Of vessels, vnliicles, &.c., that contruband goods have been found on, &c...

Of goodf, and building to bo removed in certain cases ,

.' (\:ood8 llal)ie to, to bo taken to onstom-liouse ,

Of vossnls, vehicles, goodH, &c., seized, to be condemnedif not claimed within

a certain time — notice of claim raquired

Of money deposited on articles seized and condemned

Ofgoods'roisruiiiesenUd as exempt from du,.y

Incurred to bo reported to commissioner of customs ,

I'ersons having incurred required to furnish evidence by affidavit in certain

oases ,

For contravention of any regulation of governor in council

Of vessel fornon-compl.\<n^ 1 with regulations if valae under $400 ,

Forging: Customs marks or 'irands, liability for

Freight and charges may be paid by collector re goods taken fc the Crown..
Uovi^rnor in council :

May declare rate of duty in certain cases

May Jlx foreign currenr'os

Duties of customs subject to order of, &c

May appoint porta and places of entry, and increase, diminish, Oi' alter po-
sitions, &o

May establish regulations respecting the exportation of goods

May appoint suflerance wharves ana warehouses

May authorize importation of goods carried by vessel not registered

May name security and precaution for trnusport of goods landed at one

piirt and intended for another

May appoint appraisers, local or Dominion

May make provisions as to goods merely passing through country

lias power to declare what charges siiall be luclnded re value of sugar, \
sirnps, molasses, &c

Has \)ower to interpret, limit, or extend moaning of conditions < s importa-
tions free of duty for special purposes

May make regulations to perfect entry without invoice

May make provi.uons re invoices to be attested to on oath, <tc

Ma.Y appoint additi:)nal olHcers to administer oath, i&o., and nia.y by order
In council relax, or dispense with certain provisions, 4.0..

May dispense with written declarations in C6itain cases

May alter form of oaths, &c ,

May make regulations regording goods taken for the Crown

May order part proceeds of sales of goods taken for the Crown payable to
collector, appraiser, or other officer '.

May direct use of certain marks and stamps

May appoint v.uehouHiug ports in addition to those already established...

May nulke regulations respecting goods in warehouse

Ma-' n'.ake regulations respecting goods init^ired ,t frontier port and pass-
ing to another warehousing port

May make regulations re wareliouse rent

May make regulations dispensing with or providing for the canceling of
bonds for ^oods in wrirehouse

May nuke regulations for sluughtoilnt' cattle or swine, and grinding wheat,
iiiaize, or othe- grain in bond '.

M ay make regulations for refining sugar and molasses in bond

May make provisions re warehouse rent and expenses connected with nn-
shipping, &c., of goods

May make regiilations for the ex-warehousing of goods

May require prootof export from warehouse ;

May make regulations as to coasting trade of vessels, &o

May require statistical information as to exports

May regulate, &c., powers given for effective searching by day or night

May authorize ofhcers, &o., to sne for penalties, &;c

May make regulations for the disposal of goods, &o., other than by public
auction

Mav tegnlate di^tributioii of penaUies, &c., and remit penalties and f^rfel^
«rc«

May make regulations for —

lirandlng and marking doty -paid goods and goods entered fbr.exporta-
tion, and roKnIcting or declaring allowances for tare

151

i.'a

IM
ISS

158

162

1«3
]«5
167

173
176

m

198
204
217
218

219
231-235
235
167
103

11
12
14

17
It

32

37.

9C
91
103

105
114
116
117

120
122

12*i

i;J0,230
131

134
135
137
■144,230
148
179
189

212

213

RIGHTS OF AMERICAN FISHERMEN.

387

ed.

u.

151
11)3

IM
158

Sob.
•eeiidi

Jiifl'ii'iVrti index, published by the customs department, ^c— Continued.

11
12
14

17
19
32
38

4'

m

74

77

78 1
81

82

88L.

oc;..

91 i.

103 ;.

114'

116

117

120
122

12'«

1,230
131

134
135
137
,4,230
148
179
189

212
2131

2301

Customs act, 41 Victoria, cap. 12.

A^i- ■

Ciirf.Tior iu council— Continncd.
May make repilatioiiB for^ . , , j.

Appointinj; ports nr;l plnccs of tintry iind warohonHiiiK anil bonding
ports, and rcHpcoii.n;; goods and vosbcIs jiassinf; tho canals^ horses,
veliii'lcH, aiid travolors' baggage, ci.niiiig in or passing tlirough Can-

ada.

Eeguliiting (.r restricting tlie importation of spiritd, wine, and mall

Kxcnipting produce of grain or timber grown iu Canada from duty in

certain cases -• .-

iuthorizing appointment of waroliousea, regulating secijnty to be
taki'u from keepers of, forms and conditions sabjeot to rent or license

lee, SiC- - ..-.--..-.-..

Kjttnding time for clcprine warohonsed goods, and for tnvnsport of

lioiKled goods from ono port to another, &c

lii'irulatim: forn'S transferring goods in bond ..

Exempting goods from dmy t. 'leing the growth, produce, or mann-

facturoof NewfoHndlaud, ■•.

Trim.si'crring cerlain niatcilal- or Canadian manufaituro to the free

list, or granting drawback t no-eon, &.o

Distribution of punalties und forfeitures

To autborizo taking of bonds, &c

(li'iKTiil roRulations of, to ' avo eflect of special order in cases to which

liu'V apply

Stay iiiako voi^idatlons no to passing of goods through Canadian canals, &.O.

l|jy. by rPKulationa, rcq'iire certain oaths or dvclarationa

May prohibit t lie exportation "f certain goods

May regulate coasting fees, (fee

I'ou.ilty for contravention of any regulation '\v

.\11 ronulntions of, to be published in Cauaua Gazette, as also revocation

dt'ay regulation

Cdtliflcd copy of ordei.T of, by clerk or assistant of Queen's privy council,

for (laiiada^ to be ovidonco .'

Mar aliov,- reuiiesion of dnty on goods exported or mannfucl'ired in Canada.

inin; May ho ground in bond

Ininitv: I'oually on olhcer for accepting, for neglect or non-performance of
lid'

Irfst llras d'Or : Vessels entering, where to report, &c

Irindiii^' ; Of ■nlicat, maize, or other grain In bond

Isiij!!'; Allowance for, to bo Hxed by tho governor in councU

' iiipowilc;' : Governor in council may prohibit exportation of

hilar, 8tatutory : No goods to be unladen on, except in certain cases

mo rousiimptlon :

(.io,Hi.sin warcliouse for, &c., to be Anally cleared within two years or sold.

Qnantily of poods 'o be tak^n out of warehouse at ono time for

(jixkIs eutored lor warehouse but not actually deposited iu, may be taken
fur

Section.

Forfeited if used in unlawfully importin" goods

Anil barncss used in carrying forfeited goods to he forfeited

fl|Kii1atioii ;

llyri'Dsel. when gooda may be unladen, &c

Ol'somis, must be at a regular port of entry

iif Roods, must not be carried pastejistom liousoon pain of forfeiture

til (.'(hkIs by vessel, and entering other than a port of entry, to bo forfeited.

liimls forlV ited if unlawfully imported by land

Ii;«)(ls forftiitod if unlawfully imported by railway

Ol'joods at ono port intended for another, how dealt with

In transit to otliir jiorts, liow dealt with

Uf 200(18 by lanil, par' icnlars of rejiort

Of iiiKHli, by ve^^s^■l not regiato!-ed

Wiiiiiinvhat time entiies shall bo made

Xiitiiinisiionding witli report, conveyed beyond flort of entry, niisdu-

(libid, or unauthorized, &e., to bo forfeited

Ill 'irnor in Council may make regulations regulating or restricting the

iiportation of wpiri ts, wines, and malt liquors

SihhIs time, bow delined.. .,

rter, consignee, or owner, &c :

leaning of the terra

Ilffoodtby seanr land io make duo entry within a certain tlme..^..'.'. . ..',
ouodstjiken to warehouse in default of entry, &o., to be at riuk and charge

iOl

Til bear exi> . so of opening and repacking packages contents unknown to

Katf ring bv bill of sighti "how and 'in what cases alVowed !.'.'."!!" ."I ! I !.'.'.".' !

i nmco to he attested on oath by

I In fMe there is , lore than one »

I ioviiicii if lecjuired, must b* attested by oath of owners aa well as by non-

rttident owners
ProTiiion for

Nath, bankruptcy, &o.

230
230
230

230

230
230

230

230
230
230

230
231
232
233
234
235

236

237
242
130

187

52

130-230

64

233

16-32

123
135

136

23
162-172

16
18
20
21
23
24
31
32
34
38
40

Snbso^-
tlon.

4

5
6 and 7

8

9
xO

11

12
13
14

15

4H

2.10

5

4

40

43

47

79

.>ut-.

...

83

84

85

388 EIGHTS OP AMEEICAN FISHERMEN.

Analytical index, published by the oiiatome department, ^o. — Couiiiiued.

CustoDiB act, 40 Ylotoria, cap. 12.

Importer, consigoce, or owner, &o.— Continued.

Odi^ to take oath in certain caaes

Subject to n pttualty lor preBontinf; false icvoiuo, &o

May bo examined on oatli by collector or appraiser

Kefusini; to attend, testify, or produce certain books, ^c, (abject to a
penalty

Dissatisfled with uppraiaemert may appeal

Uooils subject to joizuro and forfeiture for non-payment of additional du-
ties

Provision as to packages delivered to, before examir <iti on

I'articnlars of bond to be given by, covering entriee to'oemadofor a period
of twelve months

Duty-paid goods to be branded or stamped before being delivered to

May enter goods for exportation or warehonse without payment of duty. . .

May sort, repack, or take samples of goods in warelionse

M ay remove goods from one warehousing port to another, or from one ware-
house to another '

May npon entry of goods at a frontier port, &c., pass them to another ware-
bonsmg port under bond

May abr ton packages for duty

To pay warehouse rent and other expenses of unshipping, landing, and car.
Tying cf goods

May appoint agent to ship and clear goods

Onus of proof that duties nave been paid to be on owner in certain cases. . .

Of goods seized, to furnish certain books, papers, &c., if required

Should report to collector any error, &c., in description of goods ,

Oath of consignee may be taken by attorney or agent

Imprisqnment:

Of persons for aiding, &c., in unlawful iroport»tion8

And fine on conviction for misden'cannr

For non payment of penalty, on conviction ,

For gaining access or delivering goods from bonded cars, &c., without
permit

For non-payment of penalty for counterfeiting marks or brands

For non-payment of penalty imposed for refusing to assist

Of police otnoorfornou-pay'mentof penalty ,

And line of persons found guilty of misdemeanor

Indictment: Persons making seizures, not liable to

Information :

Avcnnont that officer was duly employed to be sufiSoiont proof of certain
cases

Pernons authorized to search on ;

What shall be sniiicient, in suit, it.o., penalties and forfeitures

Suit, &o., brought under, for the Crown to recover full costs

(xooils seized iu certiUn cases to be condemned without

Summary, in writing may beexhibitedinnameofcoUeetor, in certain cases.

Distribution of seizures, &o.,on

Inspector of customs ports: Uas power to administer oath and receive affirma-
tion, &e

Id transit :

Ooodsby vessel, for other ports, how dealt with

Goods by railway, conductor to report, itc

Goods merely passing through other country, how valued for duty

Penalty for altering marks on goods <

Invoices :

To bo delivered to collector with bill of entry, &c., signed by pnrty from
whom goods purchased

Piirticulars of. required on making entry

Collector may require further proof by production of

To be produced to the collector

liepresenting cash value may bo added to by collector

Drawback allowed in country of manufacture, if deducted from, to bo
added, &.C

No deductions from, for value of packages allowed on

Not being obtiiinable, sight entry may be made

Certified, must be produced before perfecting entr^ except in certain

00808

To he attested on ooth by owner of goods •.

Also by oath of importer and non-i'esident owner, &o.

No evidence contradictor^' to invoice to be received, &n

Party making or authoriziug false, cannot recover any part or price of
goods ,

Proof of existence of another to bo evidence of fraud

Penalty for presenting false

To be retained and filed by collector

Certified copies or extracts, to be evidence, &o

Collector or appraiser may require prodnction of, on oath

To be. produced when cilied for by ooUeotor, reseizuros, Ac ,

Tixin: No allowance or duty refunded for rust, &o

Interpretation of term« ,

Section.

94

102
110

112

m

117
118

119

120
121

m

m

197
214
241
247

24

153
154

ICO
167
174
184

187
213

171
1T2
193
194
198
206
213

32
33
74
101

41
41
46
49
69

71
71
80

81

82

83,84

96

214

S6

4

ection.

SabM
tiu.

89
S6

;••

87
99

102
110

112
114
117
118

11)1

120

m
m

160
197
2U
241
247

24
153
IM

180
167

174

184
187
213

171
172

m

194
108
206
213

88

»2
33
74
161

41
41
46

49
69

83,84
8«

01
94
93
95
96
214
56
4

BIGHTS OP AMERICAN FISHERMEN. 389

inaljiical index, pullish^d by the cuatoma department, ^o.— Continued.

Cnstoms act, 46 Victoria, cap. 12..

bctem, wreck, &c.:

GowbflDbjecttodufy ,

I'enalty for uot reporting >

OfHcbcqncr coiivt, may grant writ of assistance

Istoprocecluroin snits, &,o., for recovery of penalties, &c ,

May issno 'vnrrant for arrest of defendant about to leave province

Security to bo given to satisfaction of, for payment of costs, &c

Uay ordor delivery of articles seized to owner on deposit, &o

Justice of peace to bo a judge in certain cases

Appeal from conviction before, &o.....

Security given for restoration of goods, &o., to be approved by

To certify an to probable cause in certain cases, resoiznres

lodsiueiit:

Courts in whai cases appeal from, may be allowed

EiecatioQ of, for restoring goods, &o. , seized, not to be suspended

Upon tlemurrer, &o

|mice of the peace:

MaratioDof owner to bo made before, and attested by

Poniflty recovcr.iblo before one or more

I'enalty recoverable in a summary manner before any two, for countorfeit-
iuE marks or brands

TlieirpoTTnr to senrch, open, examine, or detain suspeited packages

I'lTialty for refusing to assist, recoverable before any two

Omcer to make oath before, as to reasonable cause of search

I'arty to be searched may demand to be brought before a

Penalty on police officer for not obeying section 183, recoverable before one

Proceedings before two justices of the peace in certain cases. Kotice to
parties, &c ,

ila; mno warrant to collector to sell goods for condemnation

Appeal from conviction before

Evidence by affidavit or allinnation may be made before

isding;

Of goods by vessel, hours and places appointed

Of goods by vessel in transit to other ports, conditions

Of poods, &c., from wrecked or stranded vessels before entry

Goods may bo taken to warehouse in default of entry and landing, &o

Forfeiture of poods for, without duo entry

Of goods may bo allowed at other than first port of entry

! Of goods not corresponding with report to be forfeited

i Coaditions for making claims for goods lost or destroyed before ,

i Of gooiln on bill of sight ,

' Of goods to be done in manner os appointed by collector, &c ,

lisper-es connected with landing ot goods to be borne by tho importer

I C'rtificato of, lor goods exported from warehouse required

■ Ttion what evidence of, bond may be canceled ,

Of ships' stores without duo entry, to be seized, &o ,

SiBuegJed or iirohibited r.oods, lia'bility on persojis concerned in

h>f goods liable to forfeiMiro, penally on persons assisting

fern: Govenior in council may grant, to certain vessels, &o

plemiip: : VcsselH may bo lightened to pass over shoals

R stuck, io. : May bo landed, &o

Section.

kt ; 1 onalty on master of vessel for wilfully opening, &o

strato; Appeal from conviction befbre

May be giound in bond

■Kt value :

J'.'!''';ofMloulati-.Sfair, for ad valorem duty

"jaatsliall be deemed fair, for ad valorem duty

urankck allowed in country of manufactiro to form part of fair, for duty
Mandmimbers: r • j

II be eivuu on requisition for removal of duty paid goods

piu kages to be g'. von by master of exporting vessel

' "MliV for altering, defacing, &o

itnatyonmaster for wilfully altering, &o

itnaityon persons connterfoitinf

Iter;

I persons counterfeiting.

Jlranin;;orthe tonii (sec Vessel)

'iiaicttoappniilty for breaking bulk, &c.
I lyMiort on arrival of vessel from sea, &o

mrmsli oflicor boarding vessel with copy of report inwards

T,inm,i','!."','''',T'"'?.','y '"''^•1 navigati<m to reportat custom hoi

'' proUiicj l!ili8of lading in connectior with report ,

W,M ?"",'"""'"*' coEtentfl unknown, how dealt with

'\ .m« f "."'-"''ns Koods witliont report, &.o

ior oli T^ "'?''^ required on bills of entry

,^/wiici o| V0SS.1 may warehoimomirplns Bt'>r08

house .

|''"i'.iel,

permitted to unl.'ulo gooiln for purpose of repairing.

"» I, may make entry outwards from warohonso

60
61

177
101
192
202
204
20e
208
211
216

200
2U
228

164

167

172

174

176, 170

180, 181

184

200
206
208
210

16

Si!

35

43

44

45

48

b8

79

133

184

137

138

140

167

162

234

SO

30

165

208

130-230

68
69
70

116
141
161
166
167

4
16
25
K
27
28
31
20
39
41
60
59
13V

SabMO-
tion.

390 RIGHTS OF AMERICAN FISIIEEMKN.

Analytical index, published hji the customn department, <fo. — Continued.

Customs act, iS Victoria, cap. 12.

Master— Continacd.

Of vessel to mnko entry ontwards

Of vessel, shall, if required, auswor quustioiis uudoi' doc'nratlon

Penalty on, for leaviuj; without cloarance, deliTerinj; taiaa content, adding

to cargo, or towing other voKsels, &o..

The word " master " shall he construed ns including the parser of any steam

vessel

Of vessel subject to penalty for not obeying officer

Liability for wilfully akeiing marks, lodis, or seals, or secretly conveying

away goods

I'enalty for not providing suitable accommodatiou for customs oflicers

Penalty for refusing to stop, &o

Of vessel valued more than $400 and not complying with regulations,

subject to penalty

Mayor: Attestation of invoice, &c., may bo made before

!Meal: Be^alationa respecting grinding, &c., in bond, not to extend to the sub-

stitationof

Measure: AUowacco for, to bo fixed by governor in council

Molado:

Sul>joct to seizure and forfeitnre for enti-y under wrong name

Value for duty, iiow ascortained

Military and naval stores : Governor in council may prohibit exportation of . . .
Minister of customs :

May direct where vessels entering the Great Bras d'Or shall report

May direct as to disposal of samploo taken

Decision of commissioner, with approval of re classing of sugars, to be

final

May direct disposal of goods taken for the Crown

May define and limit kind, quantity and class of goods to bo delivered as

sliip's stores

May revoke "writ of assistance" to officers

Entry for nolle protequi, with reasons, to be reported to

May order disposal of goods, vessels, vehicles, &o., forfeited, other than by

public auction

Power of, re distribution of penalties, &p., and remission of penalties and

forfeitures

To decide re go ')ds misdescribed, as being exempt from duty

Commissionor to report to, re ovidonco furnishecf

Decision to be binding in certain cases

Decision of, refused, pro.:eeding to betaken

Decision of, accepted, but 4erms not complied with

May elect to enforce decision or order safe of articles seized

Bonds to bo valid when taken with sanction of

Form of bonds, documents, papers, &c., to be at direction of

Appointment of attorney or agent to be valid if in form prescribed by

Misdemeanor :

Persons aiding, &c., in smuggling goods or usingfalse invoices, &c., deemed

gnilty of, how punished •

Persons counterfeiting or using counterfeit papers, &c., gnilty of, bow pun-
ished

Officers, &c., conniving at any evasion of the revenue laws, deemed gnilty

of, bow punished

False statement in solemn affirmation, punishable as perjury

Misdescription : Of goods on entry as exempt from duty, to be seized and for-
feited

Molaflses :

Subject to seizure and forfeitnre for entry under wrong name

Value for duty, how ascertained '

May bo refined in bond

■"Tolle prosequi : Attorney-general may enter in certain cases

Kon-ennmeiated articles:

Duties on, resembling enumerated

Similitude. &o

Notary public :

Attestation of invoice, &c., may be mado before •

Declarationof owner to be made before, and attested by

Fvidenco by affidavit or affirmation may be made before '

Note ; For purpose of deferring duty, not to bo accepted

Notice ;

Of claim for goods seized as forfeited, to be made in writing within a certain

time

Want of, not to stay proceedings

• Of proceedings for condemnation to bo posted up, and where

Olaims not presented within one month from, judgment by default

Of intent to claim where value does not exceea$100

Of sale by auction, to bo made public

Of action to be given for auy thing done under this act

Officer receiving, may tendisr amends and plead such tender in bar

Numbers, &o. :

Of packages to bo giveil on requisition for removal of duty-paid goods

Of packages to be given by masterof exporting vessel

143

\:,\

103

105
100
174

236

130
04

76

77

233

62
05

75
104

140
177
105

212

213
217
220
221
222
223
224
230
244
248

153

108

187
238

217

76
77
131
195

«

7

219
126

198
190
200
201'
200
212
226
2S7

115
141

RIGHTS OF AMERICAN FISHERMEN. 391

Analytical index, pulliBhed hy the ouatoma department, 4'0- — Continnod.

Cuatoma act, 40 Yiotorl , cap. 12.

lOithn

iDcliidi'H ckclutntiou and affliination

Declaraiinii by mnstDf aH t« unloading of gooda, &o

MiiKter sball »ul)8cribo aUidavit r« his report

Collector may require further proof by

(if uuo or nio'ro witneasoa roquii'ed as i)roof for goods lost or destroyed be-
fore laudiii).' -

Declaration OH to deduction of tare from gross weight of goods, &o

(Htliof otlicetobo tiikon by appraiser .'

(htJi <if ollico iii>t ueceasory by appraisers aout from one port to another, &o

Tdliotttk' iil)y importer ou bill of sight

Juvoicee .obi'' attested on oath of importer, &o

AuvofowuiMs, importers, &c., cognizant of facts may take

liivicMtobo att<'«ted, &c., i)y owner and non-resident owner, &c

May bu taken by curator, executor, administrator, or aealgneo, in certain

Itiforo wlioiii mfty betaken ,

(ioveinor in council may appoint additional ofiicera to administer oath and
rcceivo ntlimiatiun or declaration, and may relax or dispense with certain
liiovl»uing, re

No pel sou but owner to take, except in certain cases

Pi!(iaration of owner to bo kex)t by collector.— Penalty for false statement.

Written declarations may bo dispenaod with by governor in council iu cer-
tain canes

Uovcniorin council may alt-er form, &o

(,'ollector or appraiser may examine upon penalty for false re value of goods .

Penalty for false re value of goods

Kiirfciluro of all packages and i>oods ou entry for false

.Allidavit by luaater or owner re ships' stores

Master of vessel to make declaration with report outwards

Muster uf vessel shall, if required, answer questions under declaration

Owners, shippers, or consignors to give verified entry for goods exported
by vessel

(Jsuors, shippers, or consignors to give verified entry for goods exported
liy railwf.y or other land conveyance

Declaration required by agent milking entry outwards

False swearing to ho perjury, liability for '

To be made bv officer, that reasonable cause is given for search, &c

Collector or oificcr to make, on searching certain buildings, &c

Affidavit to bo made for arrest of defendant about to leave province, &o. . .

IJedaration re<)uired in suit, &c., for recovery of penalties and forfeitures.

Affidavit of claimant lo accompany claim after proceedings for condemna-
tion have coumienced

Evidence by aflidavit to be furnished in certain cases or by afiirmntion

Governor in council may, by regulation, require oath or declaration iu cer-
tain cases

AHlnimtiun may be made instead of oath iu certain cases, punishment for
false statement

lUqiiired of consignee, may be taken by attorney or agent

[Obstraetlnjr:

Officer in searching for smuggled goods, liability for

I'linisliiuent for obstructing officer, &c

I Officer;

Means officer of cnstoms

Of railway or express company, snl^jcct to a penalty i'or aiding in unlawful
importations

May board vessel within 3 miles of anchorage

May demand bills of lading and ask qnestious

May open and examine suspected packat);es, &o

May permit landing of goods from wrecked or stranded vessels before
entry, &c

Hay giant permit for conveying goods farther into Canada if required

May convey goods to warehome in default of entry or pay niiiut of duty

Miiy open and examine packa^^s, contents unknown to importer, &c.'.

May opeu and examine packages not correhponding with report, entry, &c.

Duty of, reexamination and assesinent of damage to goods

Authorised, may administer oath to witness re goods lost or destroyed be-
fore landing

'Jutyofredeductionfor value of packages

May allow goods to be hinded on bill ot sight on deposit anfflclent to cover
dulv

lijinusto, for dilligence re goods taken for the Crown

May brand or mark duty -paid goods

To grant permit 'lortifyiiig tliat duties have been paid f.)r removal of goods,
May » low owner to suit, icpack, and tjiko samples of goods in warehouse .
May allow removal from one warehouse to another, or from one warehous-

iiig port to another under bond, &,o

May allow goods entered, to pais to another wiirohoiisiiig poit, under bond
locntertrausiierainabookbtptforthat parpo«e....

4

27
28
46

68
64
CO
67
70,80
82
83
84

85
87,88

88

90

90

91

06

U8

1U9

140

141

143

145

146

160
169
175
276
102
103

201
21U

232

238
247

180
180

24
26
28
31

35
42
43
47
48
55

58
72

79.80
105
114
115
118

119
120
121

SabMO'
tion.

i]

392 RIGHTS OP AMERICAN FISHERMEN.

Analytical index, published hj the customs department, 4'C. — Continued.

Caatonu act, 46 Yictorla, cap. 12.

8nW

tloa

Officor— Continned.

May admit of now security to be plven by the bond of new owner, that of

nri^inal )>ond«rmay bo caucclod.

May itUl for dnty or waroliouHe rent, goods in warehouse over two years. . . .
Not to accept any bond, note, or other docnmont for purpose of avoiding or

doforring payment of dnty

Ponalty on, for allowing payment of duties to boavoidod or deferred

(joods cntorod to bo, bi'C riot warohonsod, taken out for exportation and

rolanded, &c., without permlHslon of olBcor, to be seized and forfeited —
TJuahipplng, landing, and carrying of goods to be done inmanner appointed

by.

Security by l)ond for exportation from warehonse to bo approved byproper.

Upon what evidence bond may l)c canceled by

May deliver warehoused goods as ship stores

To require from master of vessel entry outwanls

Master of vessel to answer all questions by

To recoivo entries outward verified by oath before granting clearance

Not to allow cars or vehicles to leave port or limiba without payment of

export duty

May renitire statistical information of eoods exported or removed

May call upon master of steam vessels tc answer question r« report by

purser .

Forfeiture of goods landed without permission of

Penalty for opening warehouse without permit from proper

Liability for gaining access or delivering goods from bonded railway car

without permit from proper

May board vessel found hovering and bring to port

M ay board and have freo n ccess to every part of vessel

May be stationed on board any ship

May ask certain questions, pimolty on persons refusing to answer, &o

Employed in cuntoms, to bo deemed employed for prevention of smuggling.

&o.

Power of, to search, open, examine, or detain suspected packages

May call upon porsous to assist, not liable to prosecution, in certain oases..

May call ou master, driror, conductor, &c., to assist under penalty

Power of, to enter buildings, yards, &o

How search shall be mado by

Duration of wnt of assistance granted to

Powers of, under authorit y of wilt of assistance

Power to search persons, &o

May be required to take persons beforea justice of peace, &c., for purpose

of search

Subject to penalty for searching without reasonable cause

Pnnislvraenton persons for assaulting, obstmctiug, or resisting, &o

(Jouniviug at any evasion of the revenue laws, penalty

Au>horize<l, may sue for penalties, &c

In chargo of any revenue vessel making seizures, to retain the same on

i)oard until arrival in port, (fee

Distribution of seizures, &c

May call for certain books, papers, &c.,r« seizures

To report to commissioner of customs all seizures or detentions, and penal.

ties and forfeitures incnrrSd

Notice of action to be given for anything dono by, under this act

May tender amends and plead such tender in bar

To require written authority to net, from persons transacting business for

others, their acts then binding

Onus proband! :

Of duo entry on whom to lie

That notice was given, to lie on persons claiming

Packages :

Contents not known, may be opened, &o ,

Marks, numbers, and contents required in bill of entry

Not correspondmg with report, how dealt with .'

No allowance for stains, rust, <fec., to, holdin'; liquids

Dniaden for repairs to vessel, how dealt witU

I^edoctions for value of, not allowed

Kntored on bill of sight may bo landed, examined,- &.O., at expense of im-
porter

Collector may take any whole package, or soparuto and distinct parcel, or

whole goods mentioned in entry for tlie Crown

(Iidlector may cause a cert-ain number in every entr.y to be opened, &o '

Containing goods not mentlonrd <m invoice or" entry, subject to seizure and

forfeiture

Goo<l8 mentioned in entry subject to forfeiture for willfully false oath

Delivered to importer before examination, provision as to

Doliyercd without examination, shall, if required, bo retumotl to custom-

hotis(>. &c ,

May be abandoned for duty

Quantity, <to., that may bo taken out of warehouse at ono time

Jdaater io give marks aud numbers of^ by exporting vessel

123
123

126
127

128

13i
187
188
140
141
142
145

14t
148

151
157
159

IGO
163
165
166
170

171
172
173
174
175
176
177
179
180

181
181
186
187

213
214

218
226
227

246

113-197

31-47,48
41
48
56
50
71

79

• 103
106

107
109
110

111
124
133
141

RIGHTS or AMERICAN FISHERMEN. 393

Analytical Index, published by the customt department, ^o.— Continued.

CuBtoma act, 40 Viotoria, cap. 12

Pictseog— Conttauwl.

Exported from warohouso must agree with entry inwards
PcDHlty for iilterinp, ilofacinft. Sea., marks on

May be broken opi'ii ill certain cases,
racking: No dodiictiou allowed for cliargos for straw, twine, conl, paper, cord-

' iDC wiring, or cutting, &o., iisod iu

I'M tner: Any, may execute bonds, &o., without mentioning namej of the other

I'artuersbip : Any partner in, or authorized attorney or agent, may execute

boDila, &c., witbont mentioning names of the other members

Penalty (see forfeitures or seizures) :

Currency in wh icU must be paid

Most be paid to receiver-general

A debt to Hor Majesty, how recoverable with costs

Mauler subject to, lor breaking bulk, &c

Ou persons carrying goods past oustom-honso, or removing the same A'om
place uppointe<) for examination, &.0

Ou master, &c., of vessel for entering other than a port of enti y

Uu conductor or other officer, &c., of railway for aiding in unlawful impor-
tations'

Onollicers, &c., of express company for aiding, &e., in unlawful importa-

tions. .

Masters of vessels subject to, for false report^ <feo

Oil conductor for false report, or refusing to answer questions ,

For violation of coasting regulations

On lua-ster, and forfeiture of goods unladen wivhout report, or untme, &c. ..

On peiaons, and forfeiture of goods laden without due entry

On person having in his possession goods dereliot, flotsam, Jetsam, or wreck

witbout reporting, &.C

For false declaratiou on entry

For false invoice

For refusing to attend and testify before collector, appraiser, &o

For false swearing r« value of goods

On person refusing to act in appraisement

For refusing to return goods delivered without examination when requested
On collector or officer for allowing payment of duties to be avoided or

deferred

For entering from warehouse for exportation and not being owner or au-
thorized.

For leaving without clearance, delivering false content, or not truly answer-
ing questions

For sending goods liable to export duty without payment of, &c

For refusing or neglecting to make report and entry outwards

Ou purser for untrue report, &c ,

On person smuggling goods, using false invoices, &o

For uiTeriiig for sale goods represented as being smuggled, prohibited, &c-,

For knowingly harboring, concealing, buying, soiling, &o., smuggled
goods

Fur hiring persons to assist in smuggling

On persons concealing or unlawfully removing warehouse goods

For fraudulent access to warehouse *;

For defacing or altering murks on goods in warehouse or in transitu ,

For assisting in landing goods liable to forfeiture

On master of vessel hovering in British waters and not complying with

directions , ,

On persons proved to have been on board vessels smuggling

On master of vessel, for breaking hatches, &c., or concealing, or secretly

conveying away goods

Qa master of vessel for not providing for accommodation of customs officer. .

On pcreon soiling, using, or counterfeiting customs marks or brands

For connterieitiug or using counterfeit papers, &o ,

On persons refusing or not truly answering lawful questions

On persons refusing to assist officer ,

For obstructing or resisting officer searching for smuggled goods

On officer searching without reasonable cause

On police olDcor for not obeying section 183

On officers conniving at auy evasion of the revenue laws, and on persons

bribing same

In wlial courts recoverable if nuder $200 .'. .'...'.'. ...

Oovemor in council may regulate distribution of

On persons refusing, &c., to produce certain books, papers, &c., respecting

goods seized ....: T

InciuTcd, to bo reported to commissioner of oas'toms "

lereons liaving incurred, to furnish evidence by affidavit In certain cases..

Deoiflion of minister to be binding re

tnlorcemtnt of, on refusing decision of minister

MIorcemciit, for noncoinuliiince with minister's decision ,

ftnt paid, alter accepting decision of minister, how recoverable

iiovemor ill council may regulate distribution of.

torcontravoution of any regulation by governor In council

Section.

140
161
170

73

248

248

12
14
16

le

20
22

24

24

29
33
37
39
.44

61
90
94
96
97
101
112

127

130

143
140
147
151
153
154

155
157
158
150
101
102

163
164

105
100
167
168
170
174
180
181
184

187
188
213

215
218
219

223
225
230
235

Snbaee.
tlon.

IS

804 UIOHTS OF AMERICAN FISHERMEN.

Analytical index, published hy the ouatom$ dt^artment, <f'c. — Continned.

Customs act, 40 Viotofia, cap. 12.

8nbM(.
tioo.

Pori8bAl)lo !

Arr.lclr.g, 4.O., mny belauded from vessel

Articles, ice, may be sold or doliverod on doposit

I'orjury:

KiiIho ontb, ntTlrroation, or doclaratiou d«em«d, bow pnuisbablo

FiiIhb stutuniunt in solemn aftiiniation nnnisbab.<o as

rtirniit:

May bp granted for conveying goods further into Canada

May be grautrd for wamlioiising surplus stores of vessels

For removal of duty-paid gootls, t o be graut^d

(idoils tal<t'n out ofwaroliouse without lawful, to bo seized and forfeited

Liability for opening warehouse v;ithout proper

Liability for gaining access or delivering goods from bonded railway cars

without proper

Toliou umgistratcs :

Party to bo searched may demand to bo brought before a

AihI with all n^asonable ' dispatch

reniilty on police olUcor recoverable before a

Police olHccr:

Dotauiing goods, &c., to bring the same to the custom-house ,

May take smuggled goods, &o., stopped on suspicion of being stolen, to
poliooollice

Penalty for neglecting to convey detained goods, &o., to custom-house —
Porta

Plaoos where vessels or vehicles may discharge or load cargo

Places of entry, may bo appointed by governor in ciuncil

Vessel and goods forfeited for entering other than a port of entry, except
in certain cases

(looils forfeited and vessel seized for entering other than a port of entry,
except In certain oases

Vessel to report inwards on arrival, &c

Of entry to be furnished with sugar standards

Of entry, collectorjmay pay lair freight and charges to, re goods taken for
the crown .

Permit certify ing that duty has been paid to be granted fer removal of goods
from port of entry to another

AV hat shall bo regarded as warehousing ports '

Goods may bo entered at, for exportatwn or warehouse, without payment

of duty

. Uoods may be entore;' at frontier, and passed to another warehousing port,
under bond

Contents by vessel bound to Canadian, required

Vessel leaving, without clearance or delivering false content, subject to a
jKinalty

Uailway cars or vehicles not pesinitted to leav^e, without payment of export
duty, &c

''ollector of, may grant bills of health

Vessels found hovering may be brought to by officer hoardinfr

Odicer may bo stationed on hoard any ship or vessel while within limits of

(rovernor in council may make regulations for appointing ports of entry,
warehousing and bouding ports

Time of im portation defined^

Pro<;eods :

Vutm sale of animala or perishable articles to be deposited ^to credit of re-
ceiver-general

Appropriation and distribution of forfeitures

l<'rom sale of goods for noncompliance with minister's decision, and not suf-
ficient to cover penalty, &c., defloiency how recoverable

ProbibiUid :

tioods offered for gale and represented as being, subject to seizure, &c

I'enalty on persons concerned in unshipping, landing, and carrying of gomls.

(Joods if'imnd on vessels hovering, to be forfeited, together with vessel, &c..

OBJcer Seizing goods may call for assistance

I'owor of officer to searcu persons on suspicion <rf secreting goods, &o

Proof: Averment as to place where any act was uone, to be sufllcieut

Prosecution :

Officer calling for assistance on reasonable suspicion, not liable to

For penalties, &o., in what courts may be brought

And in whose name

How suits or proceedings for recovery of penalties may be brought in the
Province ot Quebec

I'mi-eduro in suit for, in the several courts

IJetbudant about to leave province where suit for, is brought, may be ar-
rested

For penalties and forfeitures, what shall be suiBoiont averment

For the Crown to recover full costs of suit

Avui'ment as to place at which any act was done to be sufficient proof, &o

liurden of proof to lie on owner or claimant of goods, &o

Want of notice not to stay proceedings for

Prosecutor choosing to proceed aft-er notice of intent to claim, &o

205

109

'238

42
SO
115
128
169

160

180
181
184

182

184

4

17

21

25
75

103

115

no

117

120
142

143

140
152
163
166

230
23S

206
213

324

164
157
163
173
180
196

173
188
180

190
101

102
103
194
196
107
199
206

KiaHTS OP AMEEICAN FISHERMEN. 395

Analytical index, publUhed by the customs department, >f-o. — Continued.

CaHtomB aot, 40 Ylotorio, cap. 12.

ITo«MiitIoii-Cont|nno<J. , ^ _, .

LimlUtliinot timoforbHnpng, &o

Judgment fiivwi for oluimmtt

Criminal for fiil»o decliirntlon on ontrv

ForfoiirteifoitiiiK or usinu coiiiiterU'lt pniKirs, &c

Kor false HweariiiK

Kur rol'uHin;; or net tnily niisworluK lawful queHtiuua

Kortnklunawny Heized floods...

Yo;- oiut'iult iiiR. rcsistlDK, or obHtructio); ofllcora

( If p«riioii8 )jii illy "f f«l<»ii.V

F(ir iHlne Ht.itnniont In Holumn nfBriuatiun

piiifNir of veaHi'l I

To fiirui»li ollii'or lioanllnc vossol with copy of report inwards

May iiiiiko voiiorUi iuwardnnrt uiitwnrd, puiinlty for untrue

Uuiiiilil.V, &>' : , , ,„ , ,

TolioBlwiiyHRlvoiiin lilll of entry

UiitioH payiiblq iu nil canes on quantity uud value as stated on at entry,
SiC '. ■

01' Koo*'" "int may bo takon out of warohouso at one time for removal, ox-
portatiou, or homo consumption

To liii »i)C<'ifipd for poodc exi>i)rto<l by vosscl

AUoby liiilwny or otUuv land convoyonco

Map be required Of poods exported i'or HtatlHticai information

Oiicoti : I'runlty on porsons riifiiniiig to asHist when called in name of tbe

QiicsliouH : SlaHter of voHsel to answer all re-carno, crew, voyage, Ac

Master of vohbcI aid otbers subject to a penalty for not truly answering.

Slc.

Agent malting entries outwards to answer all

Master of stoani vokscI may be called to answer re reports made by purser
K^iilKay:

(y'ar to be iletaclicd from train and forfeited if used in unlawfully import-
inn gootln

Ciooils arriving by, may be stored lO sufferance warehouse

Condnctorof train witli freight to report

I'articulars of ontry outwards by

Lial)ility for gaining access or delivering goods without permit from

bonded car

Ki oeivergenornl :

DiiticHof cimtonismust bepaidto

lU'iiositsniaile tor delivery of articles seized to be paid to

liaiik iu which deposits are made to credit of, must be chartered

Iluceiver of wreck, authorized, may permit landing of goods from wrecked or

fltranded vessels, &o

K' rnsnizance, with two sureties may bo given on appeal from conviction

llifiiiidof duty :

On gowlH damaged on voyage by water, &c

On gooils damaged during course of transportation by land

I'oi ni»t on iron or steel, or manufactures of, not allowed — . .

On goods lost before landing

Ud importations for special purposes, &o., may be regulated by governor in
connoill ". ,

Overpaid, not allowed after throe years, except in certain oases

Not granted after lapse of fourteen days

RejisKT certiticato, must be on board importinp' vessel

Kecnlationa. (See Governor in council.)
Ki'inoval :

Of g(H)da fVom place appointed for examination, liable to seizure and for-
feiture

I'lrniit may be granted for removal of duty-paid goods from port of ontrv
to another , ". ,

Quantity of goods that may be taken out of warehouse at one time for

Statistical information may be required re removal of goods, &c

(iood« forfeited if removed unlawfully, and all goods of saiuo importer lia-
ble

Boction.

Of goods liable to forfeiture, penalty on persons assisting in, &c.

Itent

And other charges on goods taken to warehonao for want of entry, &c., to
1)0 borne by the owner

floods over two years in warehouse may be sold for, &c

or warehouse, &c., to be borne by the importer

.Rppiiirs, RowlH sold for repairs to vossol, subjeot to duty

Ypeal. of fonner acts, &c

jiflioriing fees from vessels in certain cases

lioimitsinward ;

Musi Iwni.idi! by master of vessol arriving from nra

<'"py of. to ho fiirnisiied oflicer boardin ? vessel, fcr..

Must be made by master of vessel arriving by in land navigation

Master Hliall subacribo aflldavit r«

Penalty ou master for untrue „

207
216

00
108
180
170
185
180
180
238

20
161

40

1.32

13.5
145
140
148
174
142

143, 103
15U
151

24

32

33

140

100

14

204
205

115
208

53
54
.'iO
58

78
240
241

38

20 and 134

115
135
148

l.'iS
lOj

43
123
\Si

r>!)

3

2:!4

20
26
27
28
SB

Subioo*
tion.

Rec.
170. 180

300 RiailTS OP AMERICAN FISHERMEN.

Analytical index, pulliahed hj the cuaioma department, «fo. — Continued.

Castuma act, 46 YictorlA, cap. 12.

Uoportj) Inward— (/Ontlnjied.

Of vohhvIh arriving with coods iu transit to other porta

(!oii<liirtor of railway tram to

Vvlilrlo airiviiif; by iund with ifoodg mtiat

Of liciodH, &<!., lamk'd uftur buHlunSH boura, to bu made at UrHt oponlug uf

ciml um-lioiiHi)

ITorfHiluru uf coodg and penalty ou loiiater for nulailini; of goods without,

&.0

■ (iDodHnut coiTPHpondinjj with, to beforfuittid

Mtiy be iiiadtt Ity purHur of steamer

Reports outwards:

. Poiinlt.y for vessel adding: to cargo, towing otlior vosboIb, Slc, without

nicntioiilug on

I'eunlty for rolusingor neglecting to make

May be iiiudo by purser ot steamer

ISnslstiug:

Otiicer in senrciilng for smuggled goods, liability for

Punishment for resisting otUcor, &c

Revenue :

Net proceeds of sale of goods taken for the Crown to bo first applied to re-
payment to cimsolldiited ntvenne fund, &e

Collector or ])ropi!r ofllcer may cause a certain number of packages in every

invoice or entry to be sent for examination for protection of

Duty-paid goods to be branded or stamped for protection of

I'enall y and forfeiture for smuggling goods, or using false invoices to de-
fraud

Ofllcers employed in customs to bo deemed employed for protection of

Reward: Governor in council may order as a, to officers, part proceeds of sales

of goods taken lor tlie Crown

Royalty : Payable upon patent rights, &c., no deduction allowed

Rummage: Uf vessels, &o., on suspicion

Russia iron: Polished, allowance for rust

Kale:

Of goods, derelict, wreck, Sec, as unclaimed, for duty, &o

Of goods taken for the Crown, how net proceeds are to applied

Of goods taken for the Crown, part of surplus may bo paid to ofllcers con-
cerned

Of packages abandoned for duty and charges

Of goods forfeited to be, by public auction, if not otherwise directed

Samples :

ilay be taken by collector or appraiser, and disposed of as directed by

m inister of customs

May lie taken by importer from goods in warehouse

Seal: I^onalty on master of vessel for willfully breaking, &.o

8<-areh :

Of vessels, vehicles, &o., on suspicion

Ollicer calling for assistance to search on reasonable suspicion not liable to

prosecution

On suspicion in certain buildings, i&c., oath to be taken, &c..

Powers given for effective, by day or night

I'ower of oHlcer to seaich persons, &o ;

Penalty ou otlioer for searching without reasonable cause

Security :

Given for goods entered under false invoice not recoverable

To bo given to pay costs before filing claims

Claims under, and not presented within one month from notice, jndgmont

by default ,

Not required if brought by the Crown

To bo given and approved for restoration of goods, &c., seized and under

appeal

Soizurea:

Of goods carried past custom-house or removed from place appointed for

examination

f )f a vessel for entering other than a port of entry

Of goods, &c., unlawfully Imported by land

Of goods unlawfully imported by railway, and car to be detached from

trains, &c

Of gomls found ou board vessel, or landed and not reported

For violations of coasting regulations

Of goods unladen without report, or untrue report

Of goods and penalty on persons concerned in landing, &c., without duo

entry

Of goods not corresponding with report, conveyed beyoid port of entry

misdescribed

Of gooils derelict, flotsam, jetsam, or wreck not reported, &c

Of Crown or exempted goods sold without entry or payment f.f duty

Of sirups entered under wrong names

Of goods for false stat<^raent iu declaration

Of goofis and penalty for presenting false invoice

Of goods for false swearing

32
33
34

3C

39
48
151

143
147
161

180
180

104

106
114

153
171

105
71

172
56

02
104

105
124
212

65
118
165

172

173
176
179
180
181

92
202

203
210

211

SnliiM.

tiOD.

RIGHTS Oi' AMERICAN FISHERMEN. 897

Analytical index, publi$hed by the outtovM department, <j{). — Cotitiuued.

CuBtoma act, 46 VictorU, cap. 12.

S(iiiir(*-Conliuiir(1.

'' OfEmKU furnoii-poyniont of Rildltic'ikl dntioH

UfcixHln t'uiiDd iu paukaico and not i 'Utiouod in inToicoor entry

OI'tiWulHiiiit t'orrcHponc'lug with in >lcc or entry or IVaudnlently under-

Of KoodBou which payment of du tie* have bi'cn avoided or deferred

Uf ^(Hidn ciitort')! to be, but not warehoused, tuken out lor exportation and

iclaudi'd •-

01' kimmIh ri'uuivcd without perinlBoion from rollectiir, &o

Of toods rcliiuded, Ac., in contravention of bond, tojiether with vesael, &o,
Slji|)'i) atorPH delivered from warehouse and lelaudod witliout payment of

duty, giiliject to

01 ciwkIh fx|i()rted from warehouse and not ujirceing witli entry inwards. . .

OriJcKMlB niiii".'pU'd or imwHed uudci IbIhh invoiro, &c

(If poiKlB oUcii'd lor sale and renresented us lioiujr BniucBle<I, prohibited, &e.
Of cdulH ('(inccalod or unlawfully removed iVum v/arehouse and all other of

naniii Importer liable

Of vessel, vibii'Ic, horses, harness, cart, Ac, used iu conveying, uuship-

pini;, oiiTUioving poods, liable to fort'eituro

Of Ti'KKcl iind cartfu found hovering in liritiab waters with contraband

L'oodBUii bonrd

OfpxiilH louiid cuucenled in vessels

Of goodH falsely marked or brnndod

Of veBHcl, vt'lilcli', &.K., that contrabiiiid goods have been found on, &o

OfpHHlKniid building to be removed iu certain cases

PcDAlty on utilcer makiug any collusive, &c

Avrmivut timt person seizing is an ottlcer of customs snfflcien.t

Ofv(<!i8oI, vehicle, goods, &c., as forfeited, to be condemned if not claimed
within a curtain time

Arlieli'S seized may l)e delivered to owner on deposit

Of iinimiiU or put ishable articles may bo sold as condemned, &o

ImiHirtvr or exporter to furnish certain books, papers^ Ac, if required, re
seized ffuudH

Of|;(iudHniiHre|ireseutfd as exempt from duty

Of voHBcl, veliicle, goods, &o., to be reported to commissiqnor of oustoma...

Of vPHsi'l if under $4UU value for non-com plianoe with regulations

S'lfriU': IliB power to goiueh, &c

! Sbippors:

llantiT to give names of, liy exporting vessel

Til make veritied entry of goo(T8 to bo exported by vessel

Or liy railwiiy or ol her land conveyance

I'lMialty lor refusing or neglecting to make report and entry outwards

I Slii|i'8«toieB:

Siir|iliis(if, liable to duty

<;ii:intity of goods tbiitniny bo taken out of warehouse at one time for

ViirchiMiBii goods may be taken for

Kmfiitcd, if vessels found hovering with pruhibitod goods on board .......

I S:)i:itiiit'.s: Form of, for entry or bond

>n];lili'iiii);: Of tattle or swine in bond

ISmii^'Bliiij;:

(Jimrta, or lining false invoice, penalty, and forfeiture

OHcriiij; for sale goods rcpiesented as beiug smuggled, pena'tty and for-
fcitiue

Beotion.

Kniiwin^'ly harboring, concealing, buying, &o., smuggled goods, penalty,
ic

(io(«l» by two or more persons in company, guilty of misdemeanor, ifcc

riirHimn coutorued in unshipping, landiug, carrying, &c., smuggled gooils,

lu'iialty

OiHids concealed or unlawfully removed from warehouse to bo dealt with as

ihliii'is of customs to be deemed employed for prevention of ,

I't rsiius aiilhori/.i'd to search, detain. &b., for

>)tti('>'i calling lor assistance on suspicion of smuggling not liable to prose-
cation .

j'liwer ol' oJlicer to search persons for

I'linisliiui.nt of ])er8on8 assaulting, ol>struoting, resisting, or maliciously or

wiilluily wouudiug any person employed for prevention of

I- fiulKi of action to be given on persons employed for prevention of

IBlunls, &o. : Governor in conncilmay make regulations regulating or restrict-

I , ii'Kmiiwtationsof ,

|i|iintsaDd strong waters: How rated for duty--.

■Mill ol customhouse : Rcquiretl on certiiioa copies or extracts of invoicee

Duty-paid goods before being delivered to importer

Oovernoriu council mavmake regulations for branding and marking duty-

Ri, ,',/™ Roods entered for exportation

S. 1 r V-'"' '■ *''"'" ^ selected and furnished by minist«r of onstom^ ...

wnioiylioliday: No goods to be unladen on, except in certain cases

tamers (SCO, also, Vessels) :

tjovcrnov in council may appoint sufibrance wharves, &c., to avoid injuri-
ous delay to [

Kcpoits, iiiward or outward, may be made by puraer I..

102
107

108
127

128
134
137

140
140
153
154

1S8

162

183
105
187
172
176
187
103

108
204

205

214
217
218
28S
173

141
145
146
147

GO

las

140
163

248
l!J-230

153

154

156
156

157

158
171
172

173
180

186

230
lb
95

114

230

7&,-
16

32
161

Sabseo.
tion.

2
32

308 KI0I1T8 Ol' AMRUICAN IMMIir.UMKN.

Analytical index, puhlialwil hy the cHtlomt dtijiartiimit, if'c. — Coiitiiiiinil,

Cuatoms act, 40 Victoria, cap. 12.

Rtfwl: No allowanco or cliit.y rnfiintU-tl for riiiit. &.o

Htlffinnlns order: Ms y bo ullowitd buforo (llncliarnliiii, An ,

Htornun :

Ol k'>o<1h III n HiiniTiiiiro vvariOioiiHO

Of ^ooi'lH iiiiliiilxii from iliiiimiifd vosnol

Htowauo ot'cHi'Ko: Not to lio altuioil

KtraiKUid vtwHul : ( Umiln niav bit landed from, bnforo entry

Rtifl'orftiioe wan^lioiiHO. (S«'o WarohmiwH.)

SafferAiioH wharvt-m : (Jovomor in oouucll may appoint, to avoid li^iirloun delay

to Ktoamors, &o

SuKar:

Htnndui'd, for quality, &.O., to be aolectod and ftirniHhed by iiilnlntcr ofcua-
toni»

How cUhhimI for duty

Korfiiitiirn for untry of HlriipH, &u., iindor wrong namo

Value for duly, how aHCvrtained

May lui rolliiKil in bond

SuilH

In what (!ourt4<, may bi< broujrlit to rocoTor uiipiiid diitlxH and pt>naltl«H, Sen

Averiiicnt that olllior wh« duly employed to l)t^ sulllcloiit proof

How Hiich may bo bron^iht In I'rovinco of Quolioe

I'riicnduro in, or proscriition in tho Hovoral roiirtH ,

Fur penalty . &.a., what Hhall bo Bufllelont averment

For the Oiiwii, to ret'over full coRts

GociIr Rolzed. in oertaln cosph, to bo condemned without

Limitation of tlniu for brlnulng, r« neiialtiua, &c

CuHtH and dnmaxon net uHlde, to bo llniitod, on certlflcato of probable cauao.

Ono month'H notico to bo given, for anything done under thia act

Ollicer may tender aniendn and plo<i<l Hueh tender In bar

M Urtt lie brought within tliree monthf after cauRo

If probable ciaine bo certified upon record, plaiiitilTs coRta, &o., limited

Sunday: No gooda to bo unladen on, except in certain caHea

Hurotiea :

Forfeiture on collector, &c., for allowing payment of duty to bo avoided or
deferi'ed, ahall bo recoverable from .'

To lie approved liy collector, &o., re bond for exportation from wurehouse

To be given on agiponl from conviction

To bo to Her Miiijeaty'H use, and when to be given

SurpluH : Realized from aalo of goodn *»r payment of-dutio8 and chargeR, to wLoiii

payable

Surveyor of cuntoniR : Attentation of invoice or bill of entry may be made before
SyrupR :

SiitijoOt to seizure and forfeiture for entry under wrong namo

Value for duty, how aacortained

Swine: May be slaughtered, cured, and packed in bond

Tale: Allowanoo for, to bo fixed by governor in council

Tare :

Allowance for, to bo regulated by governor in counoil

See also ,

Title: " The customs act, 1883"

Transfers:

Property in bond, how..*.

No more than tliroe transfers of same goods allowed

'To be entered by collector in a book kept for that purpose

Of gomlsin warehouse, particulais as to new securitj', &o

Governor in <!Ouncil may mako rogulatious for regulating form for transfer-
ring guoilH in bond

Unclaimed goods :

Taken to warehouse for want of entry, &c., may be sold, and if not worth the
charges, may liedestr.iyod '.

Goods, derelict, wreck, &.c., may bo sold as for duty, &o

Unlading of goods:

Hours and placen appointed for

■^"rom vessel without report or untrue report

From railway trai.is without i-oport, <tc ,

Of goods for repai.s to vessel damaged

Officer to rcmaiL on board vessel during ,

Unabipplng :

Of goods shall be done In manner as appointed by collector

Expenses connected with, to be borne by tlie importer

Of goods liable to forfeiture, penalty on persons nosisting in

Of goods in contravention to regulations by governor in council, subject to

seizure and ferlelturo

Value :

And quantity to be always given in bill of entry

When abatement may be rondo for damage on snlpboard, &o

Percentage of damage to be deducted from original, and duty levied, &o.,
on reduced

Mode of calculating, for art valorem duty

What shall be deemed a foir ^larkot valno, for ud valorem duty, ^o

Boctlon.

MI

:«

.'lU

in

3.1

3!

8ullM(.

tiog.

7.'i
"R
70
77
i;il-23u

15

■ 171
lOfl

IU.I
104
IIIH
a07
216
22(1

229
lU

127
i:i7
2U8

2<ia

82
80

70
77

i;»-2;io

C4

04

230

1

121
121
121
122

230

43

02

10

2i)-39

Si

105!

I

1.13
134
1G2

235!

48!
S3

57
08

ItKlllTM Ol' aMKKlCAN liHilKKMUN. 590

Analj/tical Index, pubU$bed by the cuatoma dqiarlment, tfc— ContiDued.

Cuitoiua avt, 40 Victoria, cap. 12.

Vilnfii— CotlnmiMl.

iirtwbwk nllowiMl in country •>> inaniiructiirA, to form part of fair market, Ao.

DiJucllonBl'iiiiii, l)y roiiHon of ilrnwhui'k not ullowo<i

liKlil.tionHfroiii, for piickiiKoK not iillowed

l),.,iu(iinnHfioiii, foritliurgeH for packing. Hlraw, io., not allowed

Ofiuwr, moliiHdrH, Hiriipn, &o., fortliily, how nNrortain«d

ETiilonce cimtradiotory to iuvoliui not to liu takvii, re valiio of ){oods

I'ower of BiipriiUiTH for a»t;«rtnlMlnR t nio

TwoillHcriM't iiikI oxperlunt'fMl puritouH to uppratsfl, In uertalu OMea and re-
port to I'omiiiUHioui'r of oiiHtonm

A npiiilaeiui'iii l>y poisoiia liy whom to lio paid

Ailditlunalihity In caneH of iiutlurvaluation, attlziiro, and forfcituro for Don-
iMiyiupnt

Colletttor may pay valuu an ontered per bill of untry niid 10 per cent. r«
SMKiii taken tor'the Crown

UwmIii fuuiid iindorvalnod for purpoHO of avoiding payment of duly, to be
wUwl, &o

DiitiiHi pnyikblit In all caxoH on. quantity and value as stated on flrat entry
when oiiniimlly wiirntioiiHcd

Tobi'Kiveu lor ko"<Ih entered outwanlH

Sttliotioal information may be required re value of ({oo<1h exported, Slo

Arti('i(8 8cli'.(!d, may bo delivered to owner on deposit eqnal to value and

I'OKtit

Vpdiio : Id nny pruseoution or suit, may be laid in any connty, &o ,

Vehiclw:

Meaning of the term

I'tvdln unlawful importattona to boaeizod, &o '.

Arriving li.v hind witli RoodH to report at cuHtom-hoUAO

IJoods unlftdinu without report or false report to bo mslzetl, &o

CarryioK gooUii and rolauding iu uontravontion of bond, to be seized and for-
feited

C'arrylD)! uoods liable tu export duty, not permitted to leave limits, &o.,

without mil) entry ,

KurfeitMl If UHcd in carrying goods liable to forfeiture

May Im) Htoppod and <letained on suspicion

(Imcora Huizlug nuky call fc' assistance

remouH iu charge refusing to stop when requested by an oQleer of customs,

tubject to a penalty

Power of otiicer to search persons in any ^

FeraoDH entiiring by, may bo qnostioned re sninggling

Smuggled and 'stopped on suspicion of being stolon to be taken to police
oflice

PoraoDB tikiug away seized goods from, without authority to be deemed

gnllty of felony

Pnnislimont for destroying, &c., before or after seizure

Seized m furfcitod, to be condeir,ned if not claimed within a certain time ;

notice of claim required

lUntoration of, not to be prevented by appeal for recovery of penalty

Forfeited to be sold by public auction, unless otherwise directed

Si'iiure or detention of, to be reported to the commiHsiouer of customs

Subject to seizure for uon-coniplianco with regulations

I Veiwl:

Meaning of the tenn

ArriTing, when goods may bo unladen, &o

Korfoiluro of, for entering other than a port of entry, except In certain cases .
Snbjcct to acizure, &o., lor entering other than a port or entry, except in

ceitain cases

hetaincd for entering other than e port of entry, may be sold for penalty, &c

M;nt«r must report inwards at custoin-houso .' ,

Ufflccm may board within three miles of aucborago

Arriving hyinlimd navigation to report at custom-bouHO

Masters to produce bills of lading iu connection with report

malty on master for untrue report, &o

May be lightened to pass over shoals, &o

Ijouds inriving by, In transit to other ports, .fee

Master or owner of, have right to make certain contracts

tioods may be landed from wrecketl or »trande(

Live stock and perlshablo articles uiay bo Ittndlid

lm])ortiDg must bo registered unless authorized by governor In ccnnoil...-

(loodg arriving by, to be entered within three days. .'

iNarno of, and master required on bills of entry

May convey goods to other than first port of entry ,

Mrfeitureof goods not corresponding with report of

Mrplug 8toi es of, liable to duty, moy be warehoused

Reentering Annapolis, N. S

Reentering Great Bras d'Or

May bo unladen for purpose of repairing, &o

Larrying goods and relaudod in contravention of bond, to bepji7 3dand

forfeited

Master of, may make entry outwards from warehouse !.."IJ!I."I.. . I......

»areliou8e goods may be Wken as stores „,...,,...,

Section.

70
71

n

78
77
80
M

D9
100

103

103

108

i?a

149

IM

204
191

4
33
84
80

137

146
102
172
173

174

180
180

188

185
180

108
211
212
218
235

4

16
21

22
22
25
26
27
28
29
30
32
32
85
36
38
40
41
45
48
SO
61
82
59

137
180
}«0

Snbseo-

tioD.

400 RIGHTS OF AMERICAN FISHERMEN.

Analytical index, published by the eustottis d^^artment, tf'C— Contiuucd.

Cnstoms act, 46 Victoria, cap. 12.

Vese el —Continued.

Particulars of entry outwards

Mast-or to show h11 floods imported arc disciiarged, &a

Ittaster to givocontflnl and make declnrbtion

Master to auswor ull qnoations, &c., re cargo, crow, &o

Penalty for delivering false content, &o., or leaving without clearance

Kntrics ontn^nl to bo delivered to C'Ollec'/or before granting clearance

1>< Uectormay grant bill of health to

Uited in convoying forfeited goods to be forfeited, together with guns,

taclvlo, apparel, furniture, &o

li'ound hovering may bo boarded

Penalty on master for refusing to answer questions

I'enoUy on persons proved to nave been on board smuggling

Oiflcer may Doard ^nd have free access, &o

Officer may be stbtioued on board any

.Vlay be stopped and detained on suspicion for iaaving contraband goods on

board, &c

Officer seizing, may call for assistance

Powerof officer to" search persons on board

Punishment for sinlcing, citting adrift, &c., any

Seized as foiioitcd to bo condemned if not claimed within a certain time;

notice of claim required ..

Officer in charge of any revenue vessel and makjig seizures, to retain the

same on board nntU arrlvLlin port, &c

Notice of proceedings for condemnation to b<« posted itpon mast, &c

itestoratiou of, not to bo prov"uteil by appeal for recovery or penalty,
{•'orfeited, to be Eold by public auction iinles'^ other-.viso directed .

Seizure, &o., of, to bo reported to commiss<'jner of cnstoms

Fees for roportint' and clearing in ports auovo Montreal, when navigating
without a coasting license

Forfeited if under value of $400 for uonconiplianco with regulations

Of vaiuo, more than $400 bow dealt Ttith ,-^i

Time of arrival and departure defined -n

Wavehonso :

Meaning of the term

Sufferance, governor in council may appoint for steamers, other vessels, and
railways

Good", may be imported and warehoused without payment of duty

Goods taken to, lor want of entry, &c., to be at risk and charge of owuor. .

Packages not corresponding with report, how deal) with

Goods sold for charges, &c., subject to duty ..*

Gc<m1s taken out for use of Her M^osty's troops or exempted, if sold liable
to d u ty

Evidence contradictory to invoice not to be received re goods taken out of. .

Collector or appraiser may order a certain number of packages for examin-
ation from every entry, at examining

All packages mentioned in entry subject to control of cnstoms until such as
havo been sent lor examination, have been duly passed, &o

Packages delivered without uxamination, shall, if required, be returned to
examining

What shall bo regarded as warehousing ports

Goods may be imported and warehousid without payment of duty

Owner may sort, repack, or take samples of goodb in

Goods may iie removed from one warehouse to anotlicr, or from one ware-
housing port to another, under bond

Ilequirui;:4nt'S as to transfer o** goods in

Particulars as to new securii^y, &c., for goods transferred in

Goodhto 1)0 finally cleared within two years orsoldfor payment of duty, &c.

Packages may be abandoned for duty

Governor in council may dispense witli, or provide for the canceling of
bonds given for goods in

Donds, notes, ot other documents for purpose of avoiding or deferring pay-
ment of duty on goods in, not to be accepted

Goods entered for, and not taken to. or taken out without permit, or for
exportation, and relandud, sold, &o,, to be seized and forfeited

Goods taken out of, to be subject to duty at current rates

Cattle ai.d swiuo may bo slaughtered, cured, and packed in, under regula-
tions

Wheat, mai/.o, or other gr.iin maj be ground in, tinder regulations

Sngar and molaHaos &c., may bo refined in

Duties payable in all cases on quantity and value a« stated on first entry
when originally entered for

Unshipping, landing, an;l carrying of goods for, to be done in manner ap-
]>ointed b,y collector

Rent and other expenses of unshipping, landing, 4.0., to be borne by the
importer

Suanttty of goods to bo taken out of, at one time
oods entered ''or warehousing, to be deemed warehoused for certain pur-
poses

Entry outward for export, bond to be given, &c

Parties not authorized making export entry from, subjest to a penalty, &o.

141
141
141
142
143
145
152

162
163
163

104
105
166

172
173
ISO
18U

108

108
200
211
212
218

234
225
235
230

tion.

106

no
111

116
117

116

120
121
122
123
124

12S

127

128
l.'O

130-230

130-230

131

132

133

134

135

136
137
139

RIGHTS OP AMERICAN FISHERMEN. 401

Analytical index, puhliahed by the cuatom$ department, <f-c. — Cuntinuod.

Cnstoma act 40 ViotoHa, cap. 12.

rirfhottie-Coiitlnnoa. ^, , ,

Gow'smaybodeliverodas snip 8 stores ,

EntrV outwards from, mnst akti e with entry Inwards

(kiwis forft'iteil if concealed, <fcc., and al! other goods of samo importer liable.

I bbility for opening wareUouso withoat poimit, &c

LiabUity for slterins or dofaciDK marks

Puniiilinii'nt ot peraons dcjtroyibg by tire, &c., any bond in which seized or
forfcitpd 200(18 are deposiieu

For authorizing niipointmcnt of warohonaes, rogulatinf; security to bo
liVcn trom liecpers of, forms and conditions subject to, rot or licnnao
fee,&c -- -

Fur Mtcmlins time for clearing warehoused goods, &o

For regulatinj; form lor transferring goods in bond

iTirraDt:

Forlaiidinjf Roods to bo warehoused or duty paid

Goods unladen without, shall be forfeited ,

Pirticalars of, nnist correspond with report

SUppiuL', or other must correspond with entry inwards

Shipping', to f(ivo name uf air'.-at and residence of owner

^(ijhtsanilmoaHureH:

According to which duties must be collected

Allowance for, to bo fixed by governor in council

Vat: Slav bo gronnd in bond ,

Itess: Oatli of one or more required as proof for goods lust or destroyed be-

ftorelaiidiLK

freck:

Goods may bo landed from vessels, before entry, &c

Derelict, flotgam or jetsam, goods, ■■ubject to duty

I'eiially for not reporting such goods, &c

Iritofaesuomce:

How obtainable, &c

EiistiLg, to remain iu force

Powers given for effective searching by day or n'ght

■ Power of cflicer to enter, &c i

Section.

Subsec-
tion.

140
140

l,'-.8
150
161

18P

230
230
230

42

44

48

140

150

12

64

130-230

58

35
60
61

177
178
170
176

8

0

10

1

No. 65.

Sir L. West to Mr. Bayard.

Washingto:t, December 7, 1886.
[Sir: With reference to your note of the 30th of July last, I am in-
ucted by the Earl of Tddesleigh to communicate to you the inclosed
bpyof a dispatch, with its inclosures, from the officer administering the
flvemment of Canada, respecting the action of the customs ofi&cer at
agdalen Islands, in the case of the United States flshiLg vessel Mas-
iit

I have, &c..

L. S. SACKVILLE WEST.

[Ijoloanre 1 in 'So. 55.]

Aotinff Governor Lord A . O. Eusaell to Mr. Stanhope.

Halifax, Nova Scotia, Octotf 30, 1880.
8; Vi itli roforenco to your telograpliic message of the 22fl August, and to yonr dis-
Icnof the y>th of August, marked Secret, trausmitting copy of a dispatcli from Hor
W8ty'8ct„.|;e d'affaires at Wasliington, with a note from Mr. Bayard, complaiuing
Iwe action of the customs officer at Mugdalou Islauds with reforoncv^ to the Amori -
Ti fishery schooner Mascotto. I have the honor to forward herewith a copy of an
Jfroved rainiiTO of the privy council of Canada, embodying a report of the minister
luarine »nd fisheries en the subject.
I have, &c.,

A. G. RUS^LL,

S, Ex. 113 20 ^"^*'-

402

BIQUTS OF AMERICAN FISHEEMEN.

Report Oj
administraior

[Inclosare 2 in No. 55.]

)/ a committee of the honorable the privy ooumil, approved by his oxcelUnctn,
strator of the Govo-nment in council for 'Canada on the 30tA day of October 1^

The committee of the privy coniicil have had under consideration a telegram of the
22d August and a dispatch of tlio 'iStli August last, from the right honorable the set
retary of state for the colonics, transmitting copy of a letter from Her Maj'jsty'sniin.
ister at Washington, inclosing a note from Mr. Secretary Bayard, complainiug of th« |
action of the customs oflicer at Magdalen Islands, with reference to the Americaij
lishing rtchoouer Mascotte.

The minister of marine and iishories, to whom the correspondence was roferwd ob-
Bcrvesthat Mr, Bayard, ir. his note to the British niinlHter at Washington, says:'

'* I am also in possession of the aflSdavit of Alox. T. Vachem,* master of the Aineri-
can lishing schooner Mascotte, who entered Port Amherst, Magdalen Tsl.uds aodj
was there threatened by the customs official with seizure of his vessel if he attempted
to obtain bnit lor tishin;; or take a pilot."

And from a report of the customs oflicer at Magdalen Islands, a copy of which n
far as it relates to the case iu point, is hereto annexed, it appears that uogronndsei-
ist for the complaint made by the master of the Mascotte.

The minister states that Captain Vachem [McEachern] was served with a printed I
copy of the "warning," a>!d was, iu addition, informed by the collector that underthj I
treaty of 181H ho had no right to buy bait or to sliip men. He was not forbiddeutol
take nsh, but, on the contrary, the collector jiointed out to him on the chart the places I
in which, by the convention of 1818, he, as a United States lisherraan, had the tiA'ul
insliore fishing, and one of the places so pointed out to him was the Magdalen Islat a I

Notwithstanding the "warning" and the personal oxplanatioj of the collector, i( I
appears that Captain Vachem [McE.achern] did go up the country and attempt to hire J
men, ami upon his return informed the collector that he could not got any. For this, I
clearly an illegal act, ho was not interfered with by the collector. I

The minister further observes that the convention of 1818, while it grauts to United 1
Statesfishermon the right of lishing in common with British subjects ou the aliorej|
of the Magdalen Islauds, does not confer upon them privileges of tr.itMng or of >
ping men, and it was against possible acts of the latter kind, and not against fisl
inshore, or seiiking the rights of hospitality guaranteed under the treaty, thatCap"!
tain Vachem [McEachern] was warned by the collector.

With reference to the remarks of the colonial secretury that " Her Majesty's Gov]
erumcnt would recommend that special instructions should be issued to theaiithoril
ties at the places where the inshore lisheries has been granted by the conveution of |
1818 to the United States fishermen, calling their attention to the provisions of thatj
convention, and warning them that no action contrary thereto may be taken in re-l
gard to United States lishing vessels," the minister states that the 'circular iiistrnc-l
tions issued to collectors of customs recite the articles of the convention of ISM, I
which grant to United States lishermeu the right to take lish upon the shore of ti»|
Magdalen Islands, and of certain parts of the coasts of Labrador andNewfonudlaDd,!
which instructions the collector in question had received, and the iuiportofwhicil
his report shows him to be familiar with. |

In addition to this, the commander of the fishery protection steamer LaCanadi'Din]
was ordered to visit Magdalen Islands, and explain fully to collectors there theeiJ
tent of their powers. I

The minister, In view of tlicse instructions, printed and oral, does not deem it]
necessary to send further special orders. I

The committee, concurring in the foregoing report, advise that your excellency b«j
moved to transmit a copy hereof, if approved, to the right honorable the socretaijj
of state for the colonies.

All which is respectfully submitted for your excellency's approval.

JOHN J. McGEE,
Clerk, Privy Cond

[Inclosnre 3 in "So. 55.]
Mr. Poindkand to the Minister of Marine and Fisheriei.

CusTOM-HousE, Magdalen Islands,

8ik: I beg to acknowledge the receipt of your telegram respecting captain oft
schooner Mascotte's report in reference to my having threatened him with seizure.

I replied, on receipt : "Mascotte information incorrect. Particnlaru pei niailTDei
day."

* So in the Britiah copy. The moatbr's namo ia Alex. MolSachem. (See Doo. No. W, page K' I

RIGHTS OF AMERICAN FISHERMEN.

403

i by Ma aiceWdncju,
day of October, 18*

bion a telegram of the I
;hfc honorable the lee. |
m Ilor Maj'jaty'smiii.
(1, GOiuplaiiuug of tbt I
eiico to tbe Americui

.01100 was referred, ob- 1
^aflbiDgton, BayH:
* master of the Ameri-
(agdalen Tsl.udg, aad j
voHsel if he attenpttd ■

i, a copy of which, w }
.rs that no groundsel-

Borved with a prinMl
ollector that underthj I
) was not forbiddeutol
oa tbe chart the placet I
srnian, bad the rij;b't« I
tbo Magdalen Islaca I
;ioa of the collector, ill
iry and attempt to hire j
not got any. For this, [
or.

.ilo itgrautstoUiiiteilj
subjects ou the shoral
3 of trading or of ihip-l
md not against fishing I
r the treaty, that Cap-]

k "Ilor Majesty's Gov- j

) issued to the a'.'.thori-l

by tbo coiiveutioB of j

tbo provisions of that!

may be taken in re-j

tbe circular instrnc-f

convention of 18W,j

upon the shore of tbe i

lor and Newfoundland, j

id the import of ffhiclij

iteamer LaCsnadi'DMl
lollectors there the ei-f

)r:

vl, does not deem itl

bat your excellency be I
morablo the 80creU7|

iroval.

HN J. McQEE,

Clerk, I'rivy Cou*aL

' Particulare : On arrival of the captain I "orved him a " warniny" personally ; in-

bmied him he could not buy ''. (t) bait] or ship men,
I diiy this to all American fis hermen. Ho tried, however, to hire ; went up the coun-

tT to hire, but could not hira i man.
Isaff him and men go up, and on his return he told me he could not hire. I did

LtnppoBO him. He attended halibuttinfr at Seven Islands, Dominion. I found this

W since. I deny having said I would seize him if he obtained bait, himself or crew.

Ididnot nso the term, but it suits the captain or owners to use it, as it servfefa their

waning to make the report good.
Iparticnlarly showed him whore, on the chart, ho had tbe right to fish inshore, to

lit at the Magdalen Islands, Capo Ray, &c., as per treaty in my hands then.
I liiink I was very lenient with him and all American fishermen calling here, know-

ly their privileges.

n treated theiu so gentlemanly that I am surprised to hear ho made the above in-
durate report to you.
Yours, &c.,

J. B. F. POINCHAUD,

Collector of Customs.

No 56.

Sir L, West to Mr. Bayard.

Washington. December 7, 1886.

SiK : With reference to your notes of the 9th and 18tli of August last,
lam instructed by the Earl of Iddesleigh to communicate to you the
bfllosed copy of a dispatch from the governor-general of Canada, with
|s iuclosures, relative to the causes of complaint alleged by the masters
tthe United States fishing vessels Itattler, Shiloh, and Julia Ellen
gainst Captain Quigley, of the Canadian cruiser Terror.
I have, Ac,

L. S. SACKVILLE WEST.

|Tnclo8uro 1 In Ko. 56.]
Acting Governor Lord A. G. Buaaell to Mr, Stanhope.

Halifax, Nova iScotia, October 29, 1886.

iSiRi Ihave tlio honor to forward herewith a copy of an approved minut« of tho
livy council of Canada, furnisbinij tho report asked foi in your Ai: patch of the Ist
■ptember last, respecting the alle^^ed unfriendly treatment of the United States fish-
K schooner Rattler inbulrtj rcquin d to repor*^^ to the collector of customs at Shel-
lime, Nova Scotia, when set king 1 1 t, harbor for shelter.

II beg also to draw your attention i o the statement of the captain of the Terror, ap-
Inded to tho above order in council, which gives the tacts concerning tho cases of
le Shiloh and Julia Ellen, a renort as to which was requested in your dispatch of
e 9th ultimo.
I havo, &c.,

A. G. RUSSELL,
. General.

iheriea.

DALEN Islands,

Augmi»,l^
pecting captain of »
ed him with seiinre.
•ticulard pel mail Tuei

iDoo. No.W,p«g«W'l

[Inclosaro 2 in No. 66.1

vi of a committee of the honorable the privy council for Canada, approved by his exoel-
j««!/ the administrator of the Government in counoil on the 2Sth day of October, 1886.

necoinmittco of the privy conncil have had their attenticu called by a cablegram
kHi "^^* honorable Mr. Stanhope as t<j whcu ho may expect answer to dispatch
ItUer. The honorable Mr. Bowell, for the miuistttr of marine and fisheries, to
Jiom the papers were referred, submits, for the information of his excellency in

404

RIGHTS OP AMERICAN FISHERMEN.

council, that Laving considered the Btatcments, copies of wliich are annexed of Can.!
tain Qni^ley, of the Government cnttor Terror, and of the collector of customs at Shet I
burue, with reference to the subject-matter of the dispatch, he is of opinion that!
these officers only performed their respective duties in the caoe of tlio Kattler amii
that ro ^ust grounds exisl for the complaint put forward in Mr. Bayard's dispatd oti
a violation of that hospitality which all civilized nations prescribe, or of a gross ii.l
fraction of treaty stipulations. I

The minister states that it does not appear at all certain, from the statements sub-l
niittcd, that this vessel put into Shelburne for a harbor in consequence of stress o'l
weather. It does, however, appear that immediately upon the Eattlci' comini' intol
port. Captain Quiglf^y sent '.is chief officer to inform the captain of the fiattlw thatl
before sailing he must report his vessel at the custom-house, and leftou board tkl
Rattler u guard of two men to s^o that no supplies were landed or taken on lioanil
or men allowed to leave the vessel during her stay in Shelburne Harbor. That atl
midnight the guard iired a shot us a signal to the cruiser, and the lirstofflccrall

on the way up she became becalmed, when the iirst officer of the Terror took tlm caiJ
tain of the Rattler in his boat and rowed him to the town, where the collector of tus.!
toDis received his report at the unusual hour of 6 a. m. rather than detain Lim, aiidl
the captain with his vessel proceeded to sea. ' j

The minister observes that under section 25 of the customs act every vessel eaj
tering a port in Canada is required to immediately report at the customs, and tin
strict enforcement of this regulation as regards the United States fisL'.jg vessels in
become a necessity in view of the illegal tradfe transactions carried on by the United,
States fishing vessels when entering Canadian ports under pretext of their treatH
privileges. I

That under these circumstances, a compliance with the customs act, involving onln
the report of a vessel, cannot be held to be a hardship or an unfriendly proceeilingj

The minister submits, in view of the repeated groundless complaints of bcioj
harshly treated that have been made during the present season by captains of Unitd
States fishing vessels, and in almost every instance traceable to a refusal or neglw
to observe the customs regulations, which, it is proper to state, are enforced iipo
other vessels as well as those of the United States, herewith a letter written by Capi
tain Blake, of the United States fishing schooner Andrew Burnham, which appearw
in the Boston (Massachusetts) Herald of the 7th instant, and also the editorial com
ments thereon made in a subsequent issue of the paper referred to.

The minister believes that the statements made by Captain Bl^ke are strictly a
curate, and as applied to other vessels are substantiated by the weekly boarding r
ports, received by ^he fishery department from the difibrent captains engaged in tin
fishe'ies protection service. Ho, the minister, therefore respectfully submits that thl
reflections of Mr. Secretary Bayard, characterizing the treatment extenledtothJ
captain of the Rattler as unwarrantable and unfriendly, is not merited, in viewo
the facts aa stated by Captain Quigley «nd Collector Attwood.

The committee concur in the report of the acting minister of rarino and fisbcrie^
and advise that your excellency be moved to transmit a copy of this minute, if ai*
proved, to the right honorable Her Majesty's principal secretary of state tor I'
colonics.

All which is respectfully sabmitted for your excellency's approval.

JOHN J. McGEE,
Clerk, Privy Cmnnl

[IncloBure 3 in No. 50.]

[Extract from the Boston Ilerald of October 0, 1886.]

A Fiishing Captain's Experience. — The lette" of Capt. Nathan F. Blake, of the f
schooner Andrew Burnham,' of this city, which we published on Wednesday, tvohI
apparently indicate that the Canadian officials have not been disposed to pushthefl
quirements of their law quite as vigorously as some of our fishermen have maintaiDM
Cai)tain Blake says he has experienced not the least trouble in his intercourse m
the Canadian officials, but that as ho treated ttem courteously, they, on their SJ
have reciprocated in like terms. There is, undoubtedi^ , a great deal of bitten*
felt on both sides, and probably this bitterness has led both parties to bounffraciM
in their own conduct, and tc exaggerate the wrongs they have endured, Lardsuips*
qnently due to an unwillingness to observe the requirements of the Jaw as these*
now laid down. If all American fishing captains exhibited the siiuic conrtcsyij
moderation that Captain Blako has shown, we imagine that tlu^re would be very y
tie trouble in arriving at an equitable and pleasing understanding withCauada.

annexed, of Cif.]

8 of opinion thjtl

tlio Kattler, audi

j-ard's dispatch' of I

, or of a gross inT

0 statements 8d1).|
[uenco of stress o(|
ittlci' coming intol
if tho Rattler thai

left on board thai
)r taken on lH)artl
Harbor. ThatatI
tlio tirstolDceri.
tedandtlieanchot
ed ho ninst corapln
the harbor. Thafl
srror took tie cap-
lie collector of cM-j
in detain liim, asl

it every vessel ea|
3 customs, and thi
fisL'.Jg vessels hai
d on hy the Unltd
ext of their treatj

act, involving (iqIb
riendly proceedingl
smplaints of beiar
r captains of Unite?

1 refusal or ncgla
are enforced up

ter written by Capj
im, which appcare
) the editorial com
I.

nke are strictly a
reekly boarding i
ains engaged in thi
[y submits tliat thi
ut extenledto th(
merited, iu viewo

arino andfisberid^
thi^ minute, if a^
•y of state for th(

ral.

( J. McGEE,

rrlc, Privy Cm(yl \

aiakcjoftliof.-
fWedncsday, w
tosed to pushthefl
In have maiutainw
lis intercourse wj
[they, on their !W
It deal of bittcrd
fes to boungracioi
lured, hardsbipsli
Ithelawasthesei

I siiuic conrtwy*
Ic would bo very .^
Ig with Canada.

RIGHTS OF AMERICAN FISHERMEN. 40!"^

[Inclosaro v 'n No. CO.]

Captain Qnigley to Major SiUon,

Shelburnb, September 30, 1886.
Sir: I \)Cg to acknowledge tho receipt of your letter of the 27th instant, requesting
le circumstances counoctod with the boarding of the vessels Ratbler, Julia and
lllen, and ShiJoh.

, In the case of the Rattler, she caino into Shelbume Harbor on the evening of the
kh August at 6 o'clock. She being at some distance from whore I was anchored, and
t being too rough to send my boat so far, I fired a musket signal for her to ronnd-tc,
khicli she did, and came to an anchor alongside of my vennel.

I then sent the chief officer to hoard her; he reported s^e put in for shelter. The
Bptain was then told by the chief officer to report his vessel before he sailed, and
diat he must not let his men on shore, and that lie would leave two men, who are al-
fays armed, on board to see tiiat he did not otherwise ureak the law.
[About midnight the captain hoisted his sails to leave port, thereby evading the
Ltoms law requiring him to report (for which I refer you to section 25 of the cus-
fcnis act), and disregarding my inbtrnctions.

I The watchman fired a signal, calling my attention to his act, whea I sent the chief •
leer to tell him he must Tower his sails and repor*- his vessel in the morning, other-
fcae he would like> have his vessel detained. Hfa . and sailed up in company

Hththe chief officer at 4 o'clock a. ra. Ou the way iii leil calm, and iue vessel au-
liored. The chief officer with my boat's crew rowed him up to the custom-house,
Jhere ho reported at 6 a. m. ; and returned, passing out to sea at 8 a. m, The cap-
linwas only asked to report his vessel as all others do, but wan not disposed to do so.
[in the case of the Julia and Ellon, she came into the harbor of Liverpool on the
hof August, about 5 p. ra. Being some distance from me, I fired a blank musket
kot to round her to. When she anchored I boarded her, and the captain reported
lathe came in for water. I told him to report his vessel in the morning, as it was
ken after customs hours, and that he must not let his men ashore, an.d that I would
pvetwomon on his vessel to see that my instructions were carried out, and to see
lathe did not otherwise break tho law.

Ill the morning, at 8 o'clock, I called for the captain to go to the custom-house
Id told him his men could go on and take water while he was reporting, so that he
raid bo all ready to sail when he returned, which they did, and he sailed at noon.
p th<^ case of the Shiloh, she cam<3 into tbe harbor about 6 p. m. on the 9th of
ignst, at Liverpool, and a signal was fired in her case tho same as the others.
Then she anchored I boarded her, and the captain reported she was in for water.
lold him it was then too late to report at the customs till morning, and that he
Mtnot allow his crew on shore ; also that I would leave two men ou board to see
b he did not otherwise break the law, and that my instructions were carried ou c.
ptbe moniing I called for the captain, when taking the Julia and Ellen's captain
pore. When there I told him, as I did the other, that his men could go ou taking
Iter while he was reporting, bo that he could sail when he returned, and not bo de-
Jed. This they did not do.

Ihave reason to know that it was not water this vessel came in for, as several of
ecrew lived there, and it was for the purpose of letting his men ashore, and not for
' ng water, that he put in. Ho afterwards emptied six barrels of water, stating that
jet were sour, and fooled all day fiUiug them, delaying the time, that ho might get
l crew on shore. I refused to allow his crew on shore for, any other purpose than to
le water, after completing which, the weather being fine, I ordered him to sea ia
Vevening,

"e signals that were fired were not intended to make them come-to quickly, but
lisignal for them to either round-to or show their ensign.

iftertbe Shiloh Kailed the harbor master informed me that she landed two men at
►month of the harbor, 7 miles down, before she reported, and the evening she 8aile<l
piled after dark and picked them up.

TUflanj "ases it is an understood thing between the captains and crews to let the men
lore and then make out they have deserted. In all cases where a vessel puts in for
pterthe captain reports, and the rest of his crew ere not allowed ashore, as the
*' ""y put in for the privilege of shelter and for no other purpose.
mii she puts in for water, after reporting, the captain is allowed to take his boats
Mhemen he requires to procure water, and the rest remain on board, after which
Bordered to sea. When in for repairs he is allowed all the privileges he requires
^reporting, and when ready is ordered to uea. In all oases, except when in for
Prs, I place men on board to see that the law is not violated, as many of those ves-
Jt "'*" ^'''^ harbor and make taking water and seeking shelter an excuse either
"' men or land them, or to allow them a chance to see their friends, or to get goods

40G

EIGHTS OP AMERICAN FISHERMEN.

ashore if the vessel is on her way from American ports to the fishing grounds
have landed men here and at other ports on this coast in my absence. '

In one case in this port, a vessel, finding I was in the harbor, let men takoawl
and land, she going on her way home to tlie States. That is why I put men on thMi
vessels, to keoj) thorn from breaking the law under cover of night. I might remark 1
here that the collector of customs at Liverpool informed mo tliat tho Sbilohonhfrl
previous voyage remained in port five days after being ordered out, delaying for the!
purpose of letting the men be with their friends. . I

Now that they are not allowed all the privileges they once enjoyed, it is an nntratj
on my part. ■

These are the facts connected with those vessels which I reported to Captain Scot-
while in Halifax some time ago. I treat all courteously, but firmly, and find no tronl^
with any but a few who wisli to e^ade tho law.
I am, &o.,

THOMAS QUIGLEY,

Oovernment Cruiaer Terror.

FInclonnre 5 in "So. 56.]

Mr. Attwood to the Commiasioner of Cuatoms, Ottawa.

CusTOM-HousE, Shelburne, SepiemlerG, 1886,
Sir : I have to acknowledge the receipt of your telegram of the 4th instant relatiTj
to schooner Rattler, and I wired an answer this morning as requested.

On the morning of the 4th ultimo chief officer of Terror, accompanied by Capt. i
F. Cunningham, called at this office. Captain Cunningham reported his vessel ia.,
wards as follows, viz : Schooner Rattler, of Gloucester, 93 tons register, 16 men, froi^
fishing banks, with 465 barrels mackerel, came in for shelter.

I was afterwards informed by the officer of cutter that they found the scboond
the evening before at anchor off Sandy Point, 5 miles down the harbor. Two mei
from cutter were put on board, and the master required to report at customs in tJH
morning. I was also informed that the master, Captain Cunningham, made ana
tempt to put to sea in the night by hoisting sails, weighing anchor, &o., butwd
stopped by officer from cutter.
I am, &.O.,

W. H. ATTWOOD.

CoUeelor.

I Inclosnre 6 in tSo. 5G.]

[Extract from tbo l^ontreal Gazette of October 13, 1886.1

A Fiaherman^a Tale. — The following letter which appears in the Boston Herald ooi^
veys a different impression to many statements that have appeared on the subject:

" So much has been written and printed about tho experiences of American fisherm
in Canadian waters, and tho indignities put on them, I wish you would open jm
columns and give your readers an insight into the other side of the story. I eailij
from Boston for North Bay on tho 16th June, not knowing just what tho outtersvoul
do or how tho law would be interpreted. I neared tho coast with fear and anxietj
Tho first land sighted was White Head, and immediately cries came from aloft, 'CnJ
ter in sight, ahead.' I rushed to the deck, found the vessel, which proved tc betj
Howlet, jommanded by Captain Lowry, uearing us rapidly. At time of 8igbtin;:tM
cutter wo woro standing inshore. She hoisted her flags to let us know wbatshewj
and we immediately ' about ship,' and put to sea to get out of her way, for kxti
might bo j)laced on the prize-list of the captures. We finally headed up for ?«(
Mulgravo, in Canso, expecting to receive rough usage from the authorities, biitil
our surprise, found Collector Murray jvperfeot gentleman, willing to assist me asiffj
he could without encroaching on the Cfanadi&n laws. From there we put in st Pj
Hawkesbury, and boarded tho cutter Conrad, and asked the captain for instrucwr
in regard to tho three-mile limit, and what privileges, if any, we had. I was answcrt
in a courteous and hearty way, that he did not have them aboard, but would j
ashore in a few moments and get me a printed copy of the regulations, which be d
and asstired us that if we followed them we would be unmolested ; that he wastB
to see that the law was nof. violated, but not to cause unnecessary annoyance. 'Ar
receiving instructions from the captain, thanks to him, I went to the custflffl-liw
and entered my vessel, paying 25 cents. I found a very pleasant gentleman in tM«
lector, who did all in his [wwor to relievo my mind and make us comfortable. Son"'*
our next port of landing, whoro wo also reported and were well treated. FromtiK

BIGHTS OF AMERICAN FISHERMEN.

407

we went to Malpeqno, where wo found another gentleman in the collector. Wo met the
cotter Howlet at (Jassumpoco, and had several intorviown with the commander, Captain
Lowry, whom I found a quiet, just, and gentlemanly ofllcor. My vessel was one of
the fleet ordered out of harbor by him. At that time it was as good a fish day as one
could ask for, and the inntructions were plain that at such times we had no right to
remaiu in harbor. At no time is there mnch water to spare on the bar, an ' it is a
common occurrence for vessels to ground in going in or out, and that some did touch
was due to ignorance of the channel or carolossness on the part of captains. At the
time the order was issued the weather was fair, but before all the fleet could work
ont through the channel, one of the sudden changes in weather, so much to be dreaded
on such a coast, came, and tlm cutter rescinded the order and the fleet returned. It
has been printed in a Boston paper that, owing to being forced to sea by the cutter's
orders in bad weather, my schooner, the Andrew Burnham, fouled two Englishmen,
and narrowly escaped serious damage. If true, it would look like a hardship. It
vas simply thi»; In getting under way, in a small and crowded space, finding I would
uot have room, I tlropped our starboard anchor. That not holding, we let go the
other, and it brought us up all right; not much in this to point to as an outrage or
dangerfrom stress of weather. I believe Captain Lowry to bo a man who would carry
oat all the requirements of the Cun.adian laws, but I saw nothing in my experience
in those waters that could be considered as being arbitrary, or taking a mean advan-
tage of his official authority to annoy any one. Captp.in Lowry has been a master of
vessels for twenty-five years, is a man of high reputation as a seaman, and as good a
I jndpe of whether the weather is favorable for a vessel to go to sea as any man who
I walks a deck, and when he ordered the fleet to sea ho went himself, and I know he
! would not order a vessel to leave harbor if there was any danger of loss of life or
i property. We reported at Cassumpeco, and w^ere treated' the same as at all other
[ports wo touched at. If our vessels would attend to reporting at the custom-house,
the same as they do in our ports, no trouble would be met with.

"If wo Lad free fish it would give the Canadians some recompense for what our
{fishermen want, viz, the right to go anywhere and everywhere, use their harbors,
lihipmcu, got provisions, land and mend our nets, buy salt and barrels, and ship our
Icatchl'omo by rail or steamer without expense or annoyance, the same as we have
I heretofore.

"If we had had that privilege this year, myself and vessel would have been $5,000

I better off this season, and all the fishermen in the bay would have been in the same

I boat witbnio. I do not say that I am too honest not to fish within the three-mile limit,

iDordo I believe there is a vessel in the fleet who would not, if the cutter was out of

iiglht. 1 made two trips to the bay, both of which wore very successful, and I lived

I up to the requirements of the law as well as I knew how, and did not find them ob-

jnoxiousor to interfere with my success, and everywhere I went I was courteously

[treated by the officials, especially so by both the cutters. Should ic bo a bay year next

[sfason, 1 hope to meet them again. Those who openly preached tliat they would go

jwheie they pleased, do what they wanted to in spite of law or cutters, shipped men,

Imoggled, or openly fished inside the limit, and indulged in the satisfaction of damn-

liDg tu. cutter, the captain, the Government, and everything else when they knew

Ithey cnnld do ili with imi)nnity, and that the men they were talking tc could not ro-

iKut it by word or blow, were looked after sharp, and were iiot extended the courtesy

|that was shown so many of us.

"In the interest of fair play, I could not help writingyou and asking you to give

liisto yonr readers, if uot taking up too mnch of yonr valuable space.

"Very respectfully,

"NATHAN F. BLAKE,
" Captain Schooner Andrew Burnham, of Boston,
"Boston, OcloherQ, 188«.»

No. 57.

Sir L. West to Mr. Bayard.

Washington, December 7, lo36.

Sir : I am instructed by the Earl of LJdesleigh to communicate to
[oathe inclosed copy of a dispatch, with its inclosures, from the officer

draiuisteriag tlie Government of Cauatla, expressing the regret of the
I'ominion Government at the action of tlie captain of the Canadian cut-

408

RIGHTS OP AMERICAN FISHERMEN.

ter Terror in lowering the United States flag from the United Stitej
fishing schooner Marion Grimes, of Gloucester, Mass., whiloi that vessel
was under detention at Shelbume, Nova Scotia.
I have, &o.,

L. 8. SACKVILLE WEST.

(Inolosnre 1 In Ko. ST.]

Aoting Governor Lord A. O. Iiu$»ell to Mr. Slanhope.

Halifax, Nova Scotia, Ocloher 27, 188C,
Sir : I have the honor to transmit herewith a copy of an approved minute of tii« 1
privy council of Canada, expresBing the regret ot my Government at the action of I
the captain of the Canadian cuttor Terror in lowering the United States flag from th« I
United States fishing sohoouer Marion Grimes, of Gloucester, Mass., while thatvcHKll
was under detention at Shelbume, Nova Scotia, by the collector of customs at tbitj
port for an infraction of the customs regulations.

I have communicated a copy of this order in oounoil to Her Mujeaty's ininiiit«r at j
Washington.

I have, &o., .

A. G. RUSSELL,

Qmml

flnolMnre 2 In No. ST.]

Report of a committee of the honorable the pt f>y oounoil for Canada, approved lyyurt^
celleticy the administrator of the Govemmemt in oounoil on the 26th October, li^tJO.

C 1 a report, dated the 14th October, 1886, firom the Hon. Mackenzie Bo well, forthel
minister of marine and fisheries, stating that on Monday, the 11th October iDstaDtjf
the United States fishing schooner Marion Grimes, of Gloucester, Maaa., was iinderf
detention at Shelburne, Nova Scotia, by the collector of customs at that port for an
infraction of the customs regulations; that while so detained, and under the BiineiJ
lance of the Canadian Government cutter Terror, the captain of the Marion Grimei
hoisted the United States flag.

The minister further states that it appears that Captain Quigley, of the TcrrorJ
considered such act as an intimation that there was an intention to rescue the ve&ielf
and requested Captain Landry to take the flag down. This request was complia
v/ith. An hour later, however, the flag was again hoisted, and on Captain Landi]
being asked "if his vessel had been released, and replying that she had not, CaptaiJ
Quigley again requested that the flag be lowered. This was rolused, when Captaif
Quigley himself lowered the flag, acting under the belief that wliQe the Marion Grimef
was in possession of the customs authorities^ and until her case had been adjndicalef
upon, the vessel had no right to fly the United States flag. i

The minister regrets that he should have acted with undue zeal, although Captsil
Quigley may have been technically within his right while the vessel was iuthecir
tody of the law.

Tlie committee advise that your excellency be moved to forward a copy of tW
minute, if approved, to the right honorable the secretary of state lor the colonia
and to Her Hajesty's minister at Washington, expressing the regret of the Cauadiij
Government at the occurrence.

All of which is respectfully submitted for your excellency's approval.

JOHN J. McGEE, , ,
Clerk, Privy CoMdll

I -CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE
' AND THE UNITED STATES LEGATION IN LONDON.

No. 68.
Mr. Bayard to Mr. Fhelps.

|iio.m]

Department op State,
Washington, May 11, 1886.

Sib: Witli reference to your telegram of the 9th instant, in regard
) the fisheries question, I transmit to you herewith a copy of a note

1 1 addressed to Sir Lionel West yestcday on the subject.

I am, &c.,

T. F. BAYARD.

[InoloTiire.]
I Mr. Bayard to Sir L. West, May 10, 1866. (For inclosnra, see No. 4, p. 6.)

No. 59.

Mr. Bayard to Mr. Phelps.

10.303.1

I •

Department of State,

Washington, May 21, 1886.
With reference to my instruction No. 289 of the 11th instant,
Dsmltting to you a copy of my note of the 10th of this month to Sir
jjonel West, Her Britannic Majesty's minister at this capital, concern-
;the fishery question, I now inclose for your information a copy of a
rther note on the same subject, which I addressed to Sir Lionel West
rterday, inclosing also a copy of the report of the United States con-
•Igeneral at Halifax, which is referred to in my note to Sir Lionel
N.

I am, &c.,

T. F. BAYARD.

[Inolonire.]

• Bayard to Sir Lionel West, May 20, 1886. (See No. 6, p 10.)

409

410

RIOIITS OP AMERICAN FISHERMKN.

(InoluBuro No. 2 with No. 303.]

Mr, rhelan to Mr. Vorler,

No. 82.] United States Consulatk-Gknkrai,,

Halifax, May Vo,m.

Sir : As iuBtnictod by inossago from tlio lionorablo Socrolftry of Statn to persontl'i I
roi)ort, fully and carefully, all the facts and proceedings connected with the m\im\
of the Aincricau scliooncr David J. Adams by nnned men from the CiinHdian xteam- 1
ship Lansdowiie, I loft Halifax for St. John May 10 as soon after receiving the m»|
sago as the means of travel would permit. After leaving I learned that tlie vewl I
had been taken back to Digby, when* I i)roceeded, and found her anchored clixie to
the Lansdowne in Digby Harbor. Shortly after my arrival Captain Scott, of the
Lansdowne, fonnally transferred the custody of the vessel to the collector of the port I
of Digby to bo hehl on a charge, as tho collector informed mo, of violating thecn*!
toms act of 1883, the penalty being $400. Ho said if this sum was paid and the vet- 1
sel not claimed by tho minister oriisheries ho would release her. On tbo following
morning, in order to got at tho facts in connection with the seizure, I addre«8cdauot«]
to tho collector asking him to furnish me a copy of tho chatges against the veosel,
He replied verbally that the vessel passed out of his possession, and was again in Cap- 1
tain Scott's custody. I then addressed Cajptaiu Scott a communicationu!ikingliimto|
state in writing, fully and specifically, with as little delay as possible, why ho fcl
tained this vessel. (A copy marked A attached.) I

Captain Scott replied by referring mo to the deputy minister of fisheries in Ottan
(Reply attached marked B.) The refusal of Captain Scott to give this informatioD, I
whicli I had a right to have, even without asking for it, was not only diacourteonslo}
me, but ati indignity to the na) on whose vessel he seized. The nest morning I heard
that a process in an admiralty suit against tho schooner was served on tho veml. 1
went on board and found that the process was served by afilxing to the most with
nails what I supposed to be a warrant or summons; no part of which, except Iheia-
dorsement, was visible. I requested permission from tho person in charge of tii«
schooner to take down *his process so that I might road, and, if possible, ascertain
from its contents what ofi'enses were charged against this vessel. My request was re-
fused ; and right hero I may remark that it seems a strange course of proccJureto
serve a party with a process to appear and defend a suit, and then prohibit that parly
and those interested in his protection and defense in respect to that suit, fromseoin;
or inspecting the process thus served. Tho frequent changes as to tho custodiuusof
this vessel, the mysterious, secret, and unexplained movements of these officials, and
their refusal to set forth any of the alleged ollonses charged to the vessel, was luoit
aggravating.

All the parties to the controversy were on the ground, and want of knowledge could
not bo urged as a reason why this information was withhold. Not until aft^r my ar-
rival in Halifax, on the 14th of May, did I receive the slightest intimation of tli«|
charge against the vessel, but on tho contrary every ellbrt was made to conceal it.
All I could do uuder tho circumstances was to serve Captain Scott, and tho person ia
charge of the schooner, with protest (marked C). Captain Scott arrived in Hi»lif«j
on tho 12th. On the 14th he sent me a second reply (marked D), in which hoslattd
that tho vessel was seized for a violation of tho imperial statutes in entering a portj
for other than a legal purpose.

The facts in this case, as I obtained them from Captain Kinney, are as follows

The David J. Adams entered Digby Bay on Wednesday evening. May 5, 1H86. Hi
captain purchased from a fisherman named Ellis, residing at the entrance of Digb]
Bay, nearly five barrels of bait. On Thursday he purchased from several flshenneii
whose names he did not know, nearly seven barrels of bait. He then brought hi'
vessel to anchor. It appears that this man Ellis had promised to sell this baitto
Canadian captain named Sproulo for 7."} cents per barrel, but getting %VX} bom
captain of the David J. Adams, sold it to him. The Canadian captain report*
the sale to the collector, who telegraphed for tho Lansdowne which arrived anni
the night. On Friday rooming the David J. Adams in sailing out of the basin, wi
hailed by a boat from the Lansdowne and came alongside, the commander of wr
asked 'tho name of the vessel and that of her owner, where she was from, anal
business in the basin. Being answered by the captain in his own way, the boat
turned to tha Lansdowne without ordering the vessel to sea. The schooner o
tinned hor course, but ran aground, and while in this position she was boardedasecoi
time. The officer in charge stated that ho had orders from Captain Scott to seaici
the vessel, and immediately proceeded to carry out the order, and found some hernr
The. captain was asked how old they were. He replied about ten days. T"*"'
again returned to tho Lansdowne and brought to the schooner a new officer, w
examined tho vessel and returned to the Lansdowne. The fourth visit to the '^
ael brought Captain Scott, who, in the name of the Queen, seized hor. On 8»ti

RIQHTS OF AMERICAN FI8HGRMEN.

411

slierlos in Ottawn,
I tbis iuformatioD, I
ily diacourto^Dttol
Ltmorninglbetnll
il on tbo vessel. l|
to the raaatwilhl
,ch, except theiii-
in charge of tii«j
posmble, asceitali I
tly request was re- 1
•80 of procedure tol
>robibitthati)artr|
t suit, from seeing I
9 tbecaBtodlanaofl
tbeBeotIicial8,aiidl
le vessel, wa.s luMtl

giorniuK the vchhoI was taken to St. Joliii, N. B., and on Sunday sho wns rntnrnod to
Uijjliy, the pbico of ciipturn.

Amiii liad l>een bo^nu in the HUiirume court of Nova Scotia at Ilulifux in tbu nariio
oftiie(j<i<'*'" "K't'"'*^ ^1^*"' Kinney, niaHter, in wbicli the followiniL; claim \h niiule,
iiaiiH'ly, for £!i<W Htcrling, equal to 9973.3:i, for violation of a ct^rtain convention bo-
twpoii liiH late Mnjosty, Georj?o the Third, Kinjj of Great Britain and Ireland, of tbo
one part, and the L'nited Siatca of America of the other part, made on the '^oth day
o( October, A. D. 1H18, and for violation of the act of Parliament of Great Britain and
Ireland, made and paHsed in tlie lifty-ninth year of the roiKO of liiu late Majesty,
George the Third, King of the United Kingdom of Great Britain and Ireland, being
cliaptiT ;!H of the acts of tbo said last Parliament, and pawned in Haid year. In addi-
tion to the above, an action has been inHtituted in the vice-admiralty court at Hal-
ifax to have the vessel and cargo forfeited. Tbo charges arc (1) that she vi<dated
the treaty of 1818 ; (2) that she violated the proviaions of the act 5!l, George the Third :
(;!) that she violated the provisions of chapter 61 of the Canadian acta of 1870, and
chapter 23 of the acts of Canada, 1871. Also a suit was instituted later for violating
tbe customs act of Canada for 1883. Under tbis act it is charged that the vessel did
iiotreport. her arrival at Digby to the customs ofllcer. Digby is a fishing village with-
ont a corporation, and, so far as I could learn, and I made special inquiry, the harbor
is not defined, and the practice has been that only vesmds having business at Digby
entered at t ho oiistom-house. The records of the office will show, and the collector
adiiiitttd, that during his forty years' service tislieruion went in and out the bay at
pleasure and were never required to report. It is very plain that this suit was not
instituted to vindicate the law, as the vessel was not apiirohonded on that charge,
lint institiied to annoy and harass our fishermen. The other suits are for violating
the treaty of 1818, and statutes made under it. I conlidently nsport that the only
oliarKo n^ainst the vessel that can bo sustained, or that she is guilty of, is purchasing
tisli in British wfjters.

My conclusions are therefore as follows :

(1) That the David J. Adams was not fishing, had not fished, and was not pro-
jiariui; to fish in British waters.

{'i) She did not conceal her name nor attempt to conceal her name.

(li) She did not report to the custom-house at Digby, because she did not enter the
harbor of Digby, but only Digby Basin.

(4) She i)nrcha.sed twelve barrels of lisli for bait in British waters for deop-soa fish-
ing, and not to fish in such waters.

I am, sir, your obedient servant, ,

M. H. PHELAN,

Conaul-General.

[TnoloRure 1 with Mr. Phelan's No. 32.]
Afr. PheJun to Captain Scott.

are as follows:

May5,lH86. Ha

entrance of Dm

several fishermeiJ

^ then brought hii
)8ell this bait tof

Bing|U5froniW
1 captain reported
ich arrived dnriM
t of the basin, rt
mraanderofwliia
was from, and r
1 way, the boatn
The schooner ««
18 boarded a seconf
aiu Scott to seaitj
bund some lierri"
u days. Tbet
a, now officer, «2
,h visit to the «
her. OuSata

Consulate Gknkkal of tub United States, ITaupax,

Digbj/, Aora Scotia, May 11, 1880.
Captain Scott, Fisliery Officer,

Commanding S. S. Lanadowne :
Sir: It has been been brought to my knowledge that certain offlcers and men of
the 8. S. Lanadowne boarded the American schooner David J. Adams on the coast of
Nova Scotia, and by force took therefrom the master and crew of said sc'iooner, and
that the said American shooner, David J. Adams, is now in your possession and custody,
and held by you as commander of the Canadian marine police against tho owners and
master thereof.

Therefore, itbecomes my duty, as consul-general of the United States for tho maritime
provinces, to ask you to state in writing, fully and specifically, with as little d'd.ay as
[tosnible, why you detain cuch Aessol, and refnao to restore her to the lawful owners
and master.
I am, &c.,

M. H. PHELAN,
C<miul-General UHtted States,

f r

412

RIGIITH OF AMERICAN FISIIIsUMEN.

(Inoloauit) 2 vitb Mr. PholaD'H No. 8'J.l
Captain Scolt to Mr. I'helan.

Canadian Govkunmknt S. H. IjAnhkownk,

IHgby, Mova Scotia, Man U, ii^;

Sir: I am in rocoipt of yotir lottar of thiH dny'M diito, r<M|uirlnjt to know why I have

«l«tuino(l tlio American tlHliin^^ jolinonor J>. J. Ailanm, iiinl in ic[>ly would licjr ( f ..„„

to apply U) tho <l«iMity niiniaUir of (ishcricM in Ottawiv for an aimwor, uh 1 mniwtiiii

nn(l»r iuHtruction. ''

I Iiavo, titu.,

P. A. 8C01T.
Captain Commatidhig Ihv Marine I'ulin
The Hon. M. H. Piirlan.

Connul-General for the United States.

[lucloHuro 3 with Mr. I'holan'n No. 82.)
Protest of Cajitain Kcnncy, of the David J. Adams.

To Captain Scott, commandiiKj the Marine Police, and all othn- persons whomnoernm-
ing, holding, or detaining the schooner David ./. Adams:
Take notice that tho undorHignod horoby protest and olijcct aRainNt tiio iliojjalwiz.
ure and detention of Hiiid veHsol ntid her appurtenances, and dcnuiiid the injnic(li.ii6
restoration of said vessel to tho undersitjued, the lawful master.

And farther take notice that the owners of and jtartius interested in said vcssfliu.
ton<l to hold tho parties who seized said vessel, as vn'W as those whc^ may Imvi; hit in
their custody, or who !>::'y detain her, liable for all damages consequent upon (In ir
seizure and detention.

ALDEN KINNKY,
Master David J. Admu.
DiOBY, May 12, 188G.

Coautcrsiguod and ooucurrod iu by

M. H. PUELAN,

Consul-Oencral of the United Slates.

[InolosiM< 4 with Mr. PhelanV io. 82.}
Deposition of the captain and crew of tlie David J. Adams.

In the matter of the seizure of the United States schooner David J. Adams, of Gloa-
cester, now held by tho Dominion of Canada.

We, the captain and crew of the schooner David J. Adams, of Gloucester, Maes., in
the United States of America, depose and saith under oath, as follows: I, Capain
Aldeu Kinney; I am 25 years old ; occupation, seaman ; citizen of tho Uuited States.
What is your present occupation T Master of tho David J. Adams. What la hor ton- !
nage t Sixty-six register. Owned by Cape. Jesse Lewis. We left Gloucester, Ma
for Eostport, Me., for bait on or about tho 10th day of April last. We ani vod at East- 1
port. Me., on V ^ following Monday, April 12, and got bait and prccecded to the
Banks. ^Teflsb. i for several days, say about twelve days, and set outforaudrf-
turneu vo Ea-ii o ti,Me.,that being a central station as a general thing for fishennen's
headquarters ui: this season of the year for bait and other supplies. We again left
Eastport for the Banks and put into Digby Basin about 11 o'clock on the Othdayof
May, and we anchored under Lower Granville. We got under way the next morning
at about 5 o'clock, bound out. The reason we could not get out was on account of the
wind dying away, and wo drifted back with tho tide. We sailed up off of Digbr
Town and tacked, anchoring off of or about Bear Island. This was about 10 o'clock
in the forenoon. Not being satisfied with the place wo layed we shifted further up
the basin, say about two miles further. We again anchored there until 5 o'clock, got
under way, and shifted to another part of the basin and anchored until Friday uiom-
ing about 4 o'clock. We then got under way and started to go out of tho basin into
the Bay of Fondy. Shortly after we got nnier way a boat from the steamer lying off
the harbor, which proved to be the steamer Lansdowne, of the Dominion service, was
seen coming toward us and we continued our course as Ave were before we saw tho
boat coming. The boat caught up to us when we were about a mile and a half from
our recent anchorage of tho night. The officer on board the boat asked us wbero m
hailed from, and tho vessel's name and tonnago; captain's name and owner's, sm

KIOIITS OF AMEKICAN F.^UHKUMEN.

413

•hitl wo were thoro for, and If wo IumI any Imic in. RoouiviuK I'y rnply (cuptaiu'H)
ihi. iMittt rowcil away. \V« Mtill roiitiinuxl on oui- couiho until we got into Ht. (Joorgn'H

I I'lijiiiiiol (tlii\v cullt'il), and uroiindtHi ut low water, and tliitro ntuiainod agronnd for
alKiut two ImiiiH, and alter iloatiiiK tho tido waH too 8tron>? for \\h to i)ro<;o«(d out of
ilii< k\m. V.''> wuro at that time again boarduil by tho Hanio lioat an<l onicor of tho
i,aniMln»ius who wsarchcd our vcnhcI. Tho otllct r, on boarding with arniml nion.Haid
liiiit 111! "iiH ordort'd by Captain Scott to waroh tho vhhs*?!, which thoy did by conung
oil liiijird ami examining tlio hold of tho vitwel and dillorcut parts of tho deck. Thoy
siatt'd t" Captain Kinney that gome herring waH bolow in tho ludd, and we anMwereil
ili.'it tlii'V were ten dayN <dd. Tlie oHleor of LanNdowiio and boat returned to thoir
^liiii. AiliTwaitlH the LauHdowne boat boarded iin for tin. third time, and brought an-
citliir (illicei, whom 1 underhtand was (Japtain Dakin, who also entered Iiold and «'X-
;iiiiiiiiil tlif lieniiig, and then returned to their vt hhcI. Again for the I'onrth time tho
Mini! i)llli'i'i'.s mid crew of tho LauMdowne boarded uh, who inforimul usthat we would
Ik liclil lii'if ill l^'K^iy for Home time. Wo were ordereil by tho same otHeor to bring oiir
^^s!ll'l III lliu^'y **"•' *" anehiir .« lu^ar as jiossible to tho steamer Lansdowne, which

(orilirwiu)iio.\ed. This was ("ne inoriiiii;;; of May 7. Tho same boat, after bing towo<l
iiji totlio town by UH, cast oil' from us also ; tlie ollici^r and crow in charge went on

I taril liin vcHHt'l. iSoon after an ollicer boarded us and ordered ns to lower our sails
and uwiiit I'lirlhcr orders. About four hours afterward Cai>tain Hcott ordered tho

j Iwdlus iciuove<l, and he ((xanuned the vAUyo, and rt Miming to the di^ck of our ves-

L'l Civplikin Hcott said ho liad Boi/.ed us in tho (^ue<;n's name. Then Captain Scott

; iiutilicil im that we might go on shore to the America i consul, and said he would at

j (111(0 rot urn with Lansdowne and tho schooner David J. Adams to St. John, N. It.
WVniimiiird on board our own vessel during t !iat night under charge of live armed men
(if till) Liuisilowne's crow. Saturday morning early ill of ns and our cajilain, with
llie i'Xcci)tion of throe of our men, were ordered on board tho Lansdowne. Wo woro

I ilii';i takini to St. John and went on shore, according to tho order of tho night previ-
dustdgooii Nhore. Our captain took tho papers and articles belonging to the l)avid

[j. AdauiHwitli him on shore. Our vessel was towed to St. John at the same time and

I fetiiR'd to the Lansdowne with chain cable, both lying at tho wharf at St. John.
TlievosNol was there on Sanday morning, when I wis informed by an oflicer of tho

'hiisilowiin that they were going to remove her to.iigby. I was told that I could

Irclnrii to Digby in the vessel it I chose, or rjtherwJHe takeout my personal otfocts
ami that of tho crew. Tho Lansdowne and our vessel then left St. John. On Wed-

[liiMlay, the l^th day oH May, on our arrival in Digby, Captain Scott came to mo aa
(upiiiin of tho D. J. Adams and demanded hor rog stor of (<iid vessel before I had

j laiultd from tho steamboat, which I refused to give up.
yiicstion. Captain, there is a charge that you concualod tho name of your vessel by

|l;Rkiiig canvas or by othoi means ot covering the name on tho storu of the vessel t
(':i|itain Kiuney answere that ho denies tho chario;it is not true. Inevurcou-

licali'd uor attempted to conceal tho name of tho vessel.
Dill you ever fish or attempt to lish in British watara during this season f
('a]itaiii answers that ho never did ; that ho never (,aw tho land from w^ete I lished.
Ilti|isea lisbing is the only fishing that wo are engsi.ged.
Did you ever buy bait or attempt to buy bait for .ho purpose of tisbing in Britirii

I waters?
No, sir ; I did not.
Did you corao into Digby Basin to buy bait for t,bo purpose of fishing in British

Iwatiiii during this season T
Answer. No, I did not.
Did you purchase bait or attempt to purchase bait wliilo at anchor above Boar

iRiveri
Answer. No, I did not. ALDEN KINNEY,

Master.

We, tho undersigned seamen or crow of tho schooner David J. Adams, of Gllouces-
jtir.Mass., in tho United States of America, being proseut and having hoard t'le 'ibuvo
jtetiiiioiiy of Capt. Aldcn Kinney, and wo all bcin^,', under oath, do certify that the
liuuioistrue to our best knowledge and belief and ^\o know no other fact biaring on
|or iu counection with this case.

Samukl Hoopku. Isaiau lionicuTs.

James Swinkboug. John Beaton.

John Brov/n. Elro\ I-riou.

E. D. Simmons. Fred. Fi.scheu.

Joseph Boucuin. Joseph Hknlky.

Frank Arnesen. Calvin Cook.

Sworu aud subscribed before me at Digby, Nova Scotia, May 13, 1886.
fsKAL] M. H, PHELAN,

Conaul-General, United Slates.

414

BIGHTS OF AMEKICAN FISHERMEN.

[Iiibludurc 5 with Mr. PLeloiiH No. 82.]

Captain Scott to Mr. Phelan.

Canadian Steamer Lansdowne,

Digbij, May 12, 1886,
Rnt- !>« vniilv to .voiirloUer of the 11th iustaut, I am difected by the minister of
iiiariiKi and iiHliorii'o to Htutu to yva LiiuL i/liu Duvid J. AdairiH watt Hoizud for u viola-
tion of tb(! Cunadiixn cnstouiH act, aud also for a violation of tho iiiiiwrial statutofor
I'Utorinf^' a port Ibrotbcr than legal purposes.
I am, sir, your obedient scrvAnt,

P. N. SCOIT,
Captain and Fwhery Commmioner
Tbc Hon. M. H. Piiklan,

Conaul-Ocneral, United Stales,

No. 60.

Mr. Bayard to Mr. Phelps.

No. 310.]

Department of State,
Washington, June 1, 1886.
SiK: With reference to my iustriictions No. 289, of the lltlmltimo,
aud No. 303, of the same mouth, transmitting to you for your infornitt-
tion copies of my recent notes to Sir Lionel Wes*^ concerning tlie fish
erics question, I now inclose herewith for your further information two
copies of a note which I addressed on the SOth ultimo to Iler Britannic
Majesty's minister at this capital in relation to house of comiiioiisbiil
No. 130, now pending in the Dominion Parliament, entitled "An act
further to amend the act respecting fishing by foreign vessels."
I am, &c.,

T. 1\ BAYAED.

{lucIoBure.J

Mr. Bayard to Sir L. West, May 29, ISSG. (See No. 8, p. — .)

No. 61.

Mr. Phelps fo Mr. Bayard.

No. 293.] Legation of the United States,

London, June 6, 1886. [Received June 14.]

SiK: I have the honor to inclose herewith tho copy of a note whiflii
1 have this day addressed to tho Earl of Kosebery, Her Majesty's prin
cipal seeretary of state for foreign affairs, on the subject of the Cana-
dian fisheries, embodying the substance of the views which, under in-
structions from the Department of State, I have already presented to
bis lordship orally in various interviews, aud of the arguments adduced
in support of the same.
I have, &c.,

' E. J. PHEIPS.

BIGHTS 01'^ AMEE^CAN FISIIEUMEN.

415

[Invlosure with Mr. Pbolps's No. 203.]

Mr. Fheljii to Lord Hoaehery,

Legation of txik United States,

London, June 2, 1880.
f MyLoi'd: Siiico tbo couversiitiou I Lad tlio honor to bold with your lordHbip, on
I iii^ luorniiig of tlio tJDth ultimo, 1 liavo recoivod from my Govorumeut a oonj' of tlio
I i^poft „f tbo cousul-geucral of tho United States at llaUiax, giving full details and
(leiiositioDH relative to the seizure of the David J. Adanm, and the correspondence be-
Itween tbo consul-general and the colonial authorities in reference thereto.

The report of tho consul-general and the evidence annexed to it appenrfully to sua-
! tiiiii tho point subiuitted to your lordship in the interview above referred to, touching
lie seizure of this vessel by the Canadian oflicialb.

I do not understand it to be clainied by tho Canadian authorities that tho vessel
fwized had been engaged or was int'jndiug to engage " a iishing within any limit pro-
libiled by tho treaty of 1818.

The occupation of tho vessel was exclusively deep-sea Iishing, a business in which

lit liiid a perfect right to bo employed. Tho ground upon which the capture was made

[was that tbo master of the vessel had purchased of an i.ihubitant of Nova Scotia,

[near tho port of Digby, in that province, a day or two before, a small quantity <^f bait

[to be used in fishing in the deep sea, outside the three-mile limit.

[ Thoquestiou nresented is whether, under the terms of the treaty and the conptruc-

Itioniilaced upon them in practice for many years by the British Government, and in

iviewoftbo existing relations beiweon the United States and Great Britain, that

[trausaction atl'ords a sufficient reason for making such a seizuie and for proceeding

Inndwitto tbo conliscation of the vessel and its contents.

I am not unaware that tho Canadian authorities, conscious, apparently, that tho

affiniuitiveoftbis proposition could not bo maintained, deemed it advisable to sup-

Ipleinent it with a charge against the vessel of a violation of tho Canadian customs

Ijct of 1883, in not reporting her arrival at Digby to tho customs officer. But this

Icharge is not the (nie on which the vessel was seized, or which must now be princi-

Ipaliy relied on for its condemnation, and stbndiug alone could hardly, oven if widl

Ifounded, be tbe source of any serious controversy. It would be at most, under the

Itircnmstauccs, only an accidental and purely technical breach of a custom-house reg-

liilatioii, l)y which no harm ;vas intended, and from which no harm came, and would

liQ ordinary cases be easily condoned by an apology, and ijcrhaps tho payment of

Icosts.

lint trivial as it is, this charge does not appear to be well founded in point of fact.

Dinby is a small fishing settlement and its harbor not defined. 1'ho vessel had iMove<!

iDlwiit a ;d anchored in the outer part of the harbor, having no business at, or cou:.i.it-

bcation with Digby, and no reason for reporting to tho officer of custou's. It apjMJars

m thi) report of the consul-general to be conceded by the customs authorities there

Bliat Iishing vessels have for forty years been accustomed to go in and out of tbe bay

It pleasure, and have never beo.i required to send ashore and report when they had

BO business with the port, and made no landing ; and that no seizure had over beforo

Vn made or claimed against them for so doing.

Can it be reasonably insisted imder these circu'-'stances that by tho sudden a<iop-
lioD|\vitbont, notice, of anew rule, a vessel of a friendly nation should bo seized and
lurfeited for doiujj what all similar vessels had for so long a period been allowed to
p withont question ?

[ It is suBicieitly evident that tlie claim of a violation of tho customs act was an
Iflerthong: , brought forward to give whatever added strengl^h it might to the prin-
fipal claim on which tho fleiziire had been made.

■ Reeurrinf;, then, to the only real question in the case, whether the vessel is to bo for-
jM for imiobacilng bait of an inhabitant of Nova Scotia, to bu used in lawful fishing.
It may be readily admitted that if the language of tho t,rea*^^y of 1818 is to be i nterpretc d
Tterally, latlier than according to its spirit and plain intent, a vessel engaged in
bliini; would lie pro'iibiied from enterii.j, ™ Canadian port "for any purpose what-
|W except to obtain wood or water, to repair damages, or to seek shelter. Whether
Vwould be liable to the extreme penalty of confiscation for a breach of this prohibi-
Mni a trifling and harmless instance might bo quite anothcn question.
Kucha literal construction is best refuted by considering its preposterous eonso-
pences. If a vessel enters a port to post a letter, or send a telegram, or buy a news-
pper, to obtain a jihysiciau in case of illness, or a surgeon in case of accident, to land*
p bring (,ll' a passenger, or even to lend assistance to the inhtbitants in fire. Hood, or
Wileiico, it wouhl, upon thii construction, be held to violate the treaty stipnlatioi^a
iiiitaincd between two enlightened maritime and most friendly nations, whose porta
'flreely open to each other iu al othei" j>lao«» and under all other oiiouuistances.

41G

RIGHTS OF AMERICAN FISHERMEN.

If a VO880I is not engaged in fishing she may enter all ports ; but if employed in £,„.
ing, not denied to be lawful, she is exelnded, though on the most innocent erratd I
She may buy water, but not food or medicine ; wood, but not coal. Slio may repjiij
rigging, but rot purchase a new rope, though the inhabitants are desirous to sell iil
It she even entered the port (having no other business) to report herself to thecnj.!
tom-house, as the vessel in question is now seized for not doing, she would bo equiUj I
within the interdiction of the treaty. If it be said these are extreme iustances of vii I
lation of the treaty not likely to be insisted on, I reply that no one of themismonl
extreme than the one relied upon in this case.

I am persuaded that ^our lordship will, upon reflecticn, concur with mo that an in.
tentioa so narrow, and in its result so unreasonable and so unfair, is not to bo attrilv i
uted to the high contracting parties who entered into this treaty. I

It seems to me clear that the treaty must be construed in accordance witlithcae I
ordinary and well-settled rules applicable to all written instruments, which without I
such salutary assistance must constantly fail of their purpose. By these ruie«the|
letter often gives way to the intent, or rather is only used to ascertain the intent. 1

The whole document will bo taken together, and will be considered in coniiection I
with the attendant circumstances, the situation of the parties, and the object in view f
and thus the literal meaning of an isolated clause is ofbea shown nbt to be thenu^o!
ing really understood or intended. •

Upon these principles of construction the meaning of the clause in question don I
not seem doubtful. It is a treaty of friendship and not of hostility. Its object watl
to define and protect the relative rights of the people of the two countries in tiiew I
fisheries, not to establish a system of non-intercourse or the means of mutual and nn-l
necessary annoyance. It should be judged in view of the general rales of int«i-|
iiational comity and of maritime intercourse and usage, and its restrictions considered]
iu the light of the purposes they were designed to serve. j

Thus regarded it appears to me clear that the words " for no other purpose vrlut-l
ever," as employed in the treaty, mean no other purposes inconsistent m ''epro.!
visions of the treaty, or prtgudicial to the interests of the provinces -'T *^^ \(.|
ants, and were not intended to prevent the entry of Amcricau fishing est ^^^loCi-I
uadian ports for innocent and mutually beneficial purposes, or unnecessarily to reBtriptj
the free and friendly intercourse customary between all civilized maritime nations, j
and especially between the United States and Great Britain. Such, I cannot botbe-l
lieve, 18 the construction that would be placed upon this treaty by any enlight
court of justice.

But even were it conceded that if the treaty was a private contract, iusteadofinj
international one, a court in dealing with an action upon it might find itself bamp-l
€fred bv the letter from giving eifect to the intent, that would not be decisive of tbjj
preseou case. I

The interpretation of treaties between nations in their intercourse vf'ih eacli other j
proceeds upon bi.yader and higher considerations. The question is not whatisthel
technical efiect of words, but what is the construction most consonant to the dignity,!
the just interests, and the friendly relations of the sovereign powers. I submit toyonrl
lordship that a construction so harsh, so unfriendly, ho unnecessary, and so irritatingj
as that set up by the Canadian authorities is not such as Her Majesty's Governmentl
has been accustomed either to accord or to submit to. It would faud no precedentinl
the history of British diplomacy, and no provocation in any action or assertion of the j
Governmentof the United States. j

These views derive great, if not conclusive, force from the action of the BritishPai-
liament on the subject, adopted very soon after the treaty of 1818 took eflfect, and con-
tinued without change to the present time. I

An act of P^jliament (59 George III, chap. 38) was passed June 14, 181s), to proridel
for carrying into eflfect the provisions of the treaty. After reciting the terms of the J
treaty, it enacts (in substance) that it shall be lawful for His Majesty by orders iol
council to make such regulations and to give such directions, orders, and instmctiom j
to the governor of Newfoundland or to any officer or officers in that station, or to auyl
other persons " as shall or may be from time to time deemed proper and -eceMaryibtl
the carrying into ettect the purposes of said convention with relation to the taking, i/fl
ing, and curing of fish by inhabitants of the United States of America, in common wilhi
British subjects within the limits Hot forth in the afoiesaid convention." P

It further enacts that any foreign vessel engaged in fishing, or preparing to fiw,!
within three marine miles of the co; 3t (not authorized to do so by treaty) 8hairi»|
seized or forfeited upon prosecution in tlio proper court.

It further provides as follows:
• "That it shall and may be lawful for any fisherman of the said United States to enj
ter into any such bays or harbors of his Britannic Majesty's dominions in AM'^T'lii
are last mentioned for tho purpose of shelter and repairing damages therein »'";'*jj
purchasing wood and of obtaining water, and for no other purpose whatever, "•JJ™!
uevortbolcBS to such restrictions as may bo necessary to prevent such fishermen of iMI

RIGHTS OF AMERICAN FISHERMEN.

417

if employed in fish,
ost innocent enaiii. I
•al. Shomayrepaii
re desirous to sell ill
:t herself to the cw I
ihe would bo equiUj 1
•erne instances of Tio. I
one of them is more I

rwitlimothatanin-l
r, ie not to bo attrib.

r-

jcordancowiththcae
lOnts, whicUwithoatI
By these rules the
certain the intflnt.
idered in conuectioo 1
id the object in view, I
I not to be themejn-f

[q United States from taking, drying, or curing fish in the said bays or harbors, or

any other manner whatever abusing the said pri vileijes by the said treaty and this

net reserved to them, and as shall for that purpose bo imposed by an order or orders

to bo from time to time made by His Majesty in council under the authority of this

act and by nny regulations which shall bo issued by tho governor or person oxercis-

ine the office of governor in any such parts of His Majesty's dominions in America,

[under or in pursuance of any such an order in council as aforesaid."

It further provides as follows :

"Tbat if any person or persons upon requisition made by the governor of Newfound-
[ land or the person exercising tho oflQco of governor, or by any governor or person ex-
[ crciring tho office of governor, in any other parts of His Majesty's dominions in Amor-
Ijca as atorcsaid, or by any officer or oflicers acting under such governor, or person
[ejercisingtho office of governor, in tho execution of any orders or instructions from
IHis Majesty in council, shall rofuso to doi)art from such bays or harbors; or if any
[person or persons shall refuse or neglect to conform to any regulations or directions
iTThicli shall be made or given for the execution wf any of tho purposes of this act;
[every such person so rcfus'Ug or otherwise offending against this act shall forfeit 'hf<
[jnm'of £200, to be recovered, &c."'

\ It will bo bo perceived from these extracts, nd still more clearly from a pemsal of
i tho entire act, that while reciting tho language of tho treaty in respect to tho pur-
I poses for which American fishermen may enter British ports, it provides no forfeiture
[orpenalfy for any such entry unless accompanied cither (1) by fishing or preparing
[to fish within the' prohibited limits, or (2) by tho infrinpoment of restrictions that may
[bo imposed bytrders in council to jirovent such fishing or the drying or curing of
[fiit, or tho abuse of privileges reserved by the treaty, or {'3) by a refusal to depart
[from tho bays or harbors upon proper requisition.

I It thus plainly appears that it was not tho intention of Parliament, nor its nnder-
[staDding of tho treaty, that any other entry by an American fishing vessel into a
IBritish port should be regarded as an infraction of its provisions, or as afi'ordiog the
[basis of proceedings against it.

I Xo other act of Parliament for tho carrying out of this treaty has over been passed;
iltisuuneccssaiy to point out that it is not in the power of tho Canadian Parliament
itocnlargo or altcrtho jirovisions of tho act of the Imperial Parliament, or to give to
Itho treaty either a construction or a legal ell'ect not warranted by that act.
I Bat until the ctt'ort which I am informed is now in jirogress in tho Canadian Par-
lliament for tho passage of a now act on tho subject, introduced since tho seizures un-
Idcr consideration, I do not understand that any statute has ever been enacted in that
iParllarnent which ottempts to give any difTereut construction of effect to the treaty
[from that given by tho act of 51) George III.

J T'eonly ;)roviucial statutes which, in tiie proceedings against tho David J. Adams,
Ithat vessel has thus far been charged with infringing aro the colonial acts of 1868,
llSTO, and 1883, It is therefore fair to presume that there uro no other colonial acts
Itpplicablo to the case, and I know of nouo.

1 The act of 1808, among other provisions not material to this discussion, provides
pr it forfeiture of foreign vessels " toviad fishing, or preparing to fish, or to have been
fchiug, in British waters within three marine miles of tho coast," and also prov'des d
junalty of $400 against a inasterof a foreign vessel within the harbor who shall fail to
pswer questions put in' an examination by tho authorities. No other act is by this
!"te declared to be illegal; and no other penalty or forfeiture is provided for.
I. fv extraordinary provisions in this statute for facilitating forfeitures and om-
.i 4 defense, or apjieal from them, not material to tho present case, would, on
t'C'iasion, deserve very serious attention.
■■^•^ ■ ' t883 lias no aiiplicatiou to the case, except ui-on the point of the omission
" r,el to report to tho customs officer already considered.
ItreMiun therefore, that at the time of tho seizure of tho David .T. Adams and other
pssels there was no net whatever, either of the British or colonial parliaments,
phiehmiulo the purchase of bait by those vessels illegal, or provided for any forfeit-
pro, penalty, or proceedings against them for such a transaction, and even if such
piirclmso could be regarded as a violation of that clause of the treaty which is relied
K 110 law existed nuder which tho seizure could be justified. It will not bo con-
fended that custom-honse authorities or colonial courts can seize and condemn vessels
■or a lireach of the stipulations of a treaty when no legisl-' lion exists which authorizos
Weratotako cognizance of tho subject, or invests them with any jurisdiction in the
Ireuiises, Of thisobvious conclusion the Canadian authorities seem to bo quite aware.
I am informed that since tho seizures they have pressed or aro pressing through the
Miiadiau parliament in inuch haste an act wliich is designed for the first time in the
j™, y of the legislation under this treaty to make tho facts upon which the Ameri-
•i vessels have been < oized illegal, and to authorize proceedings against them there-

>:>. Kx. nii 27

418

RIGHTS OF AMERICAN FISHERMEN.

What the offoct <»f such an act will bo iu enlarging tbo iirovisionH of .m existini!
treaty between the United States and Great Britain need not bo considered lien?
Tbo question nndcr discnssion depends upon tbo treaty and npon suoU logislatioii
warranted by Uio treaty as existed when tlio seizures took place.

The practical constrnction given to tbo troiaty down to tbo present time liashfon
in entire accord witb tbo conchisious tbus deduced from tbc act of Parliament. The
Britisb Government bas repeatedly refused to allovr interference witb American list
ing vessels, unless for illegal fisbing, and bas given explicit orders to the contrarv.

On tbo 2(itli of May, 187U, Mr. Thornton, tbo Britisb minisiior at Washington coiii-
niunicatud officially to tbo Secretary of State of tbo United States copies of fhomdcm
addressed by tbo British Admir.alty to Admiral Wellesloy, commanding Her Majcsl

naval forces on tbo F""^' ' ' — '^ ^'~ ' '" ' '-^^— ' ^' ■ • ■ -'

nicnt to tbo foreign

instrnctions to lie gi^

tainiug order at tbo fisheries mi the neighborhood of the coasts of Canada." Aiiioiii;

tbo documents tbus transmitted is a letter from the foreign otfico to the secretary of i

the Admiralty, in which the following language is contained :

"Tbo Canadian Government bas recently determined, witb the concurrence of Her
Mnjesty's ministers, to increa.-.o the stringency of the existing practice of diBpensinj
with tiio warnings bitborto gi\ en, and seizing at once any vessel detected in violat-
ing tbo law.

" In view of this change and of the questions to which it may give rise, 1 am directed
by Lord Granville to request that you will move their lordships to instrnct tlio offi.
cers of Her Majesty's ships employed in tbo protection of tbo fisheries that they arc
not to seize any vessel unless it is evident and can l)o clearly proved th.at tliooti'cn*
of fisbing bas L. an committed and the vessel itself captured within three miles of land," |

In the l.ittor from the lords of tbo Admiralty to Vice- Admiral Wellesloy of Jlay.^,
1870, in ac( ordanco w'tb the foregoing request, and transmitting the letter above |
quoted from, there occuis the following Language :

" My lords desire mo to remind you of the extreme importance of commanding offi-
cers of the ships selected to protect the fisheries exercising tbo utmost discretion in '
carrying out tbeii instructions, p.aying special attention to Lord Granville's observa-
tion that vo vessel should he seized unless il is evident and can be clearly proved that tk
offense of fishing has been committed, and that "the vessel ia captured loithln, three miltn of \
land." '

Lord Granville, in transmitting to Sir John Young the aforesaid instructions, makes
use of the following language :

"Her Majesty's Government do not doubt that your ministers will a^rco with them
as to the propriety of these instructions, and will give corresponding lustructionsto
the vessels employed by thorn."

These instructions were again officially stated by tbo British minister at Wiishing-
ton to tbo Secretary of State of tbo United States in a letter dated Juno 11, 1S70.

Agaiiij in February, 1871, Lord Kimborly, colonial secretary, wrote to the governor-
general of Canada as follows:

"The exclusion of American fishermen from resorting to Canadian ports, except for I
the purpose of shelter, and of roiiairing damages therein, purchasing wood, and of
obtaining water, might bo warrantcu by tbo letter of the treaty of lrtl8, and by tbe f
ticrms of the imperial act 59 Georgo HI, chap. 38, but Her Mnjosty's Government fed
bound to state that it seems to them an extreme measure, fliconsistont Avith the gen-
eral policy of tbe Empire, and they are disposed to concede this i)oiiit to the Uuitcil
States Government under such restrictions as m.ay be necessary to prevent smugRliny,
and to guard against any substautialiuvas'onof tbo exclusive rights of fishing which]
may be reserved to Britisb subjects."

And in a subsequent letter from tbo same source to tbo goveruor-goTicrai, the fol-
lowing language is used :

" I think it right, however, to add that the responsibility of determining whatij j
tbo true construction of a ticaty m.ido by llev Mnjosty witb any foreign power most j
remain with Her Majesty's Government, and that the degree to which this country I
would make itself a party to tbe strict ciiforcemout of tlio treaty rights may depend ]
not only on tbe literal construction of tbe troiit^y, but on the moderation undrtaitoiiaj
bloness with wbieb these rights aro asserted." I

I am not aware that any n odifieation of these instructions or any difFonut niM
from that therein contained has ever been adopted or sanctioned by llcrMajpsty'ij
Government. 1

Judicial authority upon this question is to the same effect. That the purchaso cfj
bait by American fishermen in tbe provincial ports bas been a common pracliMUJ
well known. But in no case, so far a.s I can ascertain, bas a seizure of lui Araeriian j
vessel over been enforced on the grouufl ofthe purchase of hait, orofnnyotberBiippli*!
On the bearing before the Halifax I'isberics Coiiiniission in 1877 this question wsi I

KIGIITS OF AMERICAN FISHERMEN.

419

tmctions, makes

(liocusscil, and no cuso could bo prodiiood of any aiicb condouiiiiition. Vessels sbown
10 Imvo l>i!on coudoiuned woro in all cases ad judged guilty, either of iubing, or pre-
iiarin" to tisli, witbia the piobibLted limit. Aud in the case of the Whito i;';iwn, tried
intlie'iuliiiii'iilty court of New Brunswick before Judge Hazeu in 1870, 1 understand
ittobavo boon distinctly bold that the purchase of bait, unless proved to have been
111 nreparatiou for illegal lishing, was not a violation of t.io t,ioaty, nor of any oxist-
jpjj laffj and afforded no ground for proceedings against the vessel.

Butcvon were it i)ossible to justify ou the part of the Canadian authorities tuo
adoptiou of a construction cf the treaty entirely different from that which has always
inretoforo prevailed, and to declare those acts criminal which have hitherto been re-
j-arded as innocent, upon obvious grounds of reason and justice, and upon common
priuciples of comity lo the United States Government^ previous notice should have
bcea given to it or to the American iishemien of tho now and stringent instructions
it was intouded to enforce.

Ifit was tho intention of Her Majesty's Government to recall the instructions which
Ihavo shown had been previously and s6 cxi)licitly given relative to the interference
with American vessels, snroly notice should have been given accordingly.

Tho United States have just reason to complain, even if these restrictions could be
iiistitiecl by tho treaty or by tho acts of Parliament iiassed to carry it into effect, that
tiiey sbnuid bo enforced in so harsh and unfriendly a manner without notice to the
Government of the change of policy, or to the fishermen of the new danger to which
they wcro thus exposed.

In any view, therefore, which it seems to me can be taken of this question, I feel
justified in pronoimcing tho action of tho Canadian authorities in seizing and still re-
taining the David J. Adams to bo not only unfriendly and discourteous, but alto-
getlicr unwarrantable.

The seizure was much aggravated by the manner in which it was carried into effect.
It appears that four several visitations and searches of tho vessel were made by boats
from the Canadian steamer Lansdownc, iu Annapolis Basin, Nova Scotia. The Adams
was finally taken into custody aud carried out of tho Province of Nova Scotia, across
the Bay of Fundy, and into the port of St. John, New Brunswick, and without expla-
nation or hearing, on the following Mondny, May 10, taken back by an armed crew to
DIgby, Nova Scotia. That, in Digby, tho ;iaper alleged to be the legal precept for
tho capture and detention of tho vessel was' nailed to her mast in such manner as to
prevent its contents being read, and tho request of the captain of tho David J. Adams
and of tho United States consul-general to bo allowed to detach the writ from tho
mast for the purpose of learning its conteuts was positively refused by tho provincial
official iu charge. Nor was tho United States consul-general able to learn frooi tho
commander of thp Lansdowne tho nature of tho complaint against the vessel, and his
respectful application to that effect was fruitless.

From all the circumstances attending this case, and other recent cases like it, it
leems to rao very apparent that the seizure was not made for the purpose of enforcing
any right or redressing any wrong. As I have before remarked, it is not pretended
that tho vessel had been engaged in fishing, or was intending to lish in tho prohibited
waters, or that it had done or was intending to do any other injurious act. It was
proceeding upon its regnlr.r and lawful business of fishing in the deep sea. It had
received no request, and of course could have disregarded no request, to depart, and
was, iu fact, departing when seized; nor had its master refused to answer any ques-
tions put by the authorities. It bad violated no existing law, and had incurred no
penalty that any known statute imposed.

Itseenw to ino impossible to escape tho conclusion that this and other similar seiz-
ures woro made by tho Canadian authorities for tho deliberate purpose of harassing
and emijarrassing the American fishing vessels in the pursnitof their lawful employ-
ment. And the iujury, which would have been a serious one, if committed under a
iniHtako, is very much aggravated by the motives which appear to have prompted it.

I am instructed by my Government earnestly to protest against these proceedings
iw wholly unwarranted by tho treaty of 1818, and altogether inconsistent with the
friendly relations hitherto existing between tho United States and Her Majesty's
Government ; to request that tho David J. Adams, and tho other American fishing
vessels now under seizure in Canadian ports, be immediately roleasad, and that
jiroper orders may bo issued to prevent similar proceedings in the future. And I am
also instructed to inform you that the United States will hold Her Majesty's Govcrn-
nient responsible /or all losses which may be sustained by American citizens in the
mspossession of their property growing out of the search, seizure, detention, or sale
uf their vessels lawfully within tho territorial waters of British North America.

The real source of the difficulty that has arisen is well understood. It ie to be
lonndiuthoinitaticu that has taken place among a portion of the Canadian peo-
ple on account of the termination by tho United States Government of the treaty of
(Viishingtou ou the l8t of July last, whereby fish Imported from Canada into tbo

420

UIGirJ'S OF AMERICAN FISHERMKN.

United States, and wliicli so loug us tbivt treaty remained in force wuh jitliuittcdfrn'
isuow liable to the import duty provided by tbo general roveniio laws, and tlinoiiiu!
ion appears to have gained ground in Canada tbat the United States may bo drive-
by harassing and annoying tlieir lisbermon, into tbo adoption cf a now treaty W
which Canadian fish shall bo admitted free.

It is not nccessuiy to say that this scherao is likely to prove as mistaken in policy
ns it is indefensible in principle. In terminating the treaty of Washington tbo Unitell
States ■were simply exercising a right expressly reserved to bolu parties by tlio troatv
itself, and of the exercise of which by either party neither can complain. Tlipywiii
not 'bo coerced by wanton injury into tbo making of a now one. Nor would a iit'^o-
tiation that had its origin in mutual irritation bo promising of success. Tlieqnen-
tion iiow is, not what fresh treaty may or might bo desirable, but what is the tnioand
just construction, as between the two nations, of the treaty that already exists.

Tho Government of the United States, approaching this question in the most friendlv
spirit, cannot doubt that it will bo met by Her Majesty's Government in tjio sanio
spirit, and feels every conlldcnce tbat tho action of Her Majesty's Government in the
premises will be such ns to ni" ntain tho cordial relations between tho two couBtries
that have so long happily prevailed.
I have tho honor to be, &c.,

E. J. PIIELPS.

Fo. 02.

Mr. llayard to Mr. Fhelps.

No, 328.] Department of State,

Washington, June 18, 188G.

Sir ; 1 bavo received and read with much satisfaction your No. 293
of the 5th instant, inclosing a copy of a note addressed by you on tliat
day to Lord Rosebery, in reference to the seizures of American flsliinj;
vessels in Canadian waters, and other interference with our commercial
rights.

The views and arguments you adduce are fuliy in accord with the
instructions already sent you, and are so ably advanced and enforcid
that I have for tho present, and pending Lord Eosebery's replj-, nothing
farther to suggest on these points.

I now transmit for your information a copy of a note addressed by
me, on the 14th instant, to Sir Lionel West, on tho subject of certain
verbal notifications not to approach the coasts of Nova Scotia, which,
as I have been informed by our consul-general at Halifax, wero given
to four of our fishing vessels by tho subcoUector of customs at Cimso,
and the information from the collector at Halifax that no American fish
ing vessels would bo permitted to land flub at that port for transporta-
tion in bond across the province.

In reply to my note, Sir Lionel West informed me that tho subject
has been brought by him to the notice of Her Majesty's Government.

My notes of tho 10th, 20th, and 29th of May last to Sir Lionel West
continue without reply, and this, I suppose, is one ot the serious im-
pediments to prompt and practical exchange of A'iews which results
from the triangular attitude of the United States, the imperial Govern
ment of Great Britain, and tho American dependencies of tho latter
iwwer, towards all questions in which tho interests of the provinces arc
involved.

The last note of the British minister, stating that he has brought tho
attention of Her Majesty's Government to the questions raised by the
action of provincial officials will, I hope, be productive of authoritative
expression, and afford some solid basis for our judgment and progres-

RIGHTS OP AMERICAN FISHERMEN.

421

sivc iituioii, which has hitherto been so delayed from the somewhat
anomalous rehitions of the ( lanadiau authorities towards a conveutiou
to which they are not aotnal or responsible parties.
I <ani, &c.,

T. P. BAYARD.

[Inclosaro.]
Mr. Bivyanl to Sir L. West, Jnuo 14, 188(i. (See No. 13, p. IG.)

No. 03.

Mr. Bayard to Mr. Phe^" i.

No. 329.] Department of State,

Washinffton, June 18, 188G.

Sir: With reference to jirevious correspondence concerning the fish-
eries question, I transmit to you herewith a copy of a dispatch from our
consul at Halifax, in relation to the recent instructions to Canadian of-
ficials concerning American fishing vessels.
I am, &c.,

T. F. BAYARD.

ITncloanro.]

Mr. Phelan to Mr. Porter.

No, 85.] United States Consulate-Generat.,

Halifax, June 15, 188G. [Received Juno 18.]

Siu : I bavo tho honor to report tbat I scut with dis[)atch No. 83, dated May 27, 188C,
a circnlar issued by J. Johnson, Esq., Canadian commissioner of customs, known as
Circular No. 371, dated May 7, 1886, containing instructions to customs collectors con-
cerning foreiffn lisliing vessels. I now inclose herewith a confidential circular of tho
MDicdato and number issued by tho same officer, with a note saying "that the confi-
ilciitial circalar was to be substitutod for tho one of tho e-^mo date and number pre-
viously received."

It will bo seen by comparing tho circulars that tho two lastparagrahps in the first
lirsular issued arc'strickeu out and tho following substituted in lieu thereof:

"Having retorenco to the above you are requested to furnish every foreign fishing
vessel, Ijoat, or fisherman found within three marine miles from shore with a copy of
llic mning inclosed herewith. If any fishing vessel or boat of tho United States is
loniHUishing, or to have been fishing, or preparing to fish, or, 'f hovering within the
llircc-milo limit, does rot depart within twenty-fonr hours after receiving such warn-
ing, you will place an officer on board such vessel and at onco telegraph tho facts to
ilie tislieries department at Ottawa and await instructions."

Evcrythiug about shipping crows, purchasing snpxilies, and trading is eliminated
'II llio conlidoatial circular,
lam, &c.,

M. H. PHELAN,

Contul-General.

422

niGHTS OP AMERICAN FISHERMEN.

(Tiiclosiiru with Mr. PIioIad'h, No. 8.').]
Covftdvntiul Circiihir No. ;J7l.

Customs Depautmrnt,

Ottawa, Muij 7, \m.

B>.t: Tli« wovcrnnicnt of tlio United States having by notice tiirniinatdd arliclol^
1o a.'*, Lotli inclnsivo, and article 30, known an \\w fmlicry articles oC tlui Wasliinir.
ton treaty, attention is called to following provision of the convention lutwcon tliu
United Htatos and L reat liritain, signed at London on the 20th Octoliiir, IHIH:

"AliTiCLK 1. Whereas, differences have arisen respecting the liberty claimed iiy tLo
United Statics for the inhabitants thereof to take, dry, and euro Ush oil certain cuants,
bays, harbors and creeks, of his Britannic Majesty's dominions in Anierum, it isagroeii
between the high contracting parties that the inliabitants of the said Uuited States
shall have forever, in common with the subjects of his Britannic Majesty, lljo liberty
to take flsh of every kind on that part of tho southern coast of Newfouudland wLicii
extends from Capo Ray to tho Rameau Islands on tho western and northern coast nf
Newfoundland, from tlie said Capo Ray to tho Quirpon Islands, on tho shorcH (it tin
Magdalen Islands, and also on tho coasts, bays, harbors, and creeks, from Mmiii;
.loly on tho southern coast of Labrador, to and throngh tho Straits of Bcdlo Islo, mA
tlienee northwardly indefinitely alonptho coast, without prejudice, however, to any
of the oxclusivo rights of tho Hudson's Bay Cou?pany ; and that the American fisher-
men shall also have liberty, forever, to dry and cure iish in any of tho inisottled bays,
harbors, and creeks of tho southern part of tho coast of Newfoundland liereabovo de-
scribed, and of tho coast of Labrador; but so soot; as tho same or any portion thereof \
shall bo settled, it shall not bo lawful for tho said fishermen to dry or curolisli at
such portion so settled, without previous agreement foi tiuch i)urposo with the in-
habitants, i)ropriotor8, or possessors of tho ground.

"And tho United States hereby renonnee forever any liberty heretofore enjoyed or i
claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine
miles of any of tho coasts, bays, creeks, or harbors of his Britannic Majcsty'sclninin-
ions in America, not included within tho abo^'e-mentioned limits ; provided, however,
that tho American fishermen shall be admitted to enter such bays or liarljors I'ortk
imrpose of shelter and of repairing damages therein, of purchasing wood, iuulofoli-
taining water, and for no other purpose whatever. But they shall bo under such re-
strictions as may be necessary to prevent their talcing, <lryiug, or curing lisli therein,
or in any manner whatever abusing tho privileges hereby reserved to theui."

Attention is also called to the following provisions of the act of tho Parliament of I
Canada, cap. Gl of the acts of 18GB, entitled "An act respecting fishing by foreign
vessels":

(2)" Any com, ssioned officer of Her Majesty's navy, serving on board of any vessel |
of Her Majesty's navy, cruising and being in the waters of Canada for purpose of af-
fording ])rotection to Her Majesty's subjects engaged in tho fisheries, or any coramis-
sioned officer of Her Majesty's navy, fishery ofJQcer, or stipendiary magistrate onboard]
of any vessel belonging to or in the service of tho Government of Canada aud em-
ployed in the service of protecting tho (isherics, or any officer of the customs of Can-
ada, sheriff, magistrate, or other person duly commissioned for that purpose, maygoon :
board of any ship, vessel, or boat within any harbor in Canada, or hovering (iuBrit-l
ish waters) within three marine miles of any of the coasts, bays, creeks, or harbors in j
Canada, and stay on board aa long as she may remain within such place or distance"!

(3) " If such shipj vessel, or boat bo bound elsewhere, and shall continue withiusmhj
harbor, or so hoveringfortwenty-four hours after thomastershallhavo been rcqniredj
todepart, any onoof such officersorxjersons as areabovenientionedmaybringsuchship, j
vessel, or boat into port and search her cargo, and may also examine tho master nponl
oath tonching tho cargo and voyage ; and if the master or person in couimandshallnotj
truly answer the questions put to him in such examination ho shall forfeit$400; andifl
BHch ship, vessel, or boat bo foreign, or not navigated according to tho lawsof tbel
United Kingdom or of Canada, and havo been found fishing, or preparing to fish, oil
to havo been fishing (in British waters) within three marine miles of any of the coasts,!
bays, creeks, or harbors of Canada not included within tho above-mentioned limit*,!
without a license, or after tho expiration of tho period named in tlie last license granted!
to such ship, vessel, or boat, aud tho tackle, rigging, apparel, furniture, stores, anol
cargo thereof shall be forfeited. .r

(4) "All goods, ships, vessels, and boats, and the tackle, rigging, apparel, fDrmi
tnre, stores, and cargo liable to forfeiture under this act, may bo seized and secmwij
by any officers or persons mentioned in tho second section of this act ; and cvcrypwj
son opposing any officer or person in tho execution of his duty under this act, "'{"t"
ing or abetting any other other person in any opposition, shall forfeit ^800, anusliiu
be guilty of a misdemeanor, and upon conviction bo liable to imprisonniciit for aten
not exceeding two years."

RIGHTS OP AMERICAN FISHERMEN.

42n

Ilaviug rclorcuco to tho above, yoii aio requested to fnrniHh any foreign fiHliing vc»-
scls bo(it», or iislierraen found withiii three niarino miles of ibo sbore, within your dia-
tric't with a printed copy of the " warninj5 " inclosed herewith. If any lishing vesaol
oriwatof tlio United States is found flshinjjj, or to have been lishing, or propurinR to
tisl) or, it hovering within tho three-mile limit, does not depart within twenty-four
hon'rs after receiving such " warning," yon will ^)leaso place an ofllcer on board such
vessel and at once telegraph tho facts to tho fishonoH department at Ottawaand await

iutraotioDH,

J. JOHNSON,
Commimiiona' of Custovm.

No. G4.
Mr. Bayard to Mr. Phelps.

I No. 309.]

Department of State,
Washington, July 29, 1880.

Sir: 1 transmit to you, herewith, copies of tlio President's message
[ of tbo 24th instant, to the Senate, rehitivo to seizures and detentions
1 of Aniericau vessels in Canadian waters.
I am, &c.,

T. F. BAYARD.

[Indosuro with No. 300.— Senate Kx. Doo. No. 217, Forty-nhitU Conp-csB, first 8Rfl.sioD.l

i Mimgefrom the President of the United Stales, transmittinfi, in renpovnc to Senaterrsolu
Horn of May 10 and July 10, 1880, a rqwrt of the Secretary of Slate relative to stizure
mil ddcntions of United States vessels in Canadian waters.

I JULTM, 1880.— Read and roforrcd to tlio Committoe on Forelcn Relations ami ordenwl to be prlntod

Tothe Sa^atc of the United States :

Id response to tho resolutions of tho Senate dated, rcspeofcively. May 10 and July
1 10, Mi, touching alleged seizures and detentions of vessels of tho United States in
liritish North American waters, I transmit herewith a report of tho Secretary of State,
1 with .accompanying papers.

GROVEK CLEVELAND.
ExKcuTivE Mansion,

Washington, July 24, '88G.

\ To the President:

Respoiuliug to the accompanying rcsGintious, of tho respective dates of May 10 and
[Jnly 10. l&SG, .adopted by tho Senate of tho United States, and which woro referred

l)y tho President to this Department, tho undersigned. Secretary of State, has tho
I lionor to reply :

I That tho li.st hereunto appended gives all tho cases of seizure or detention of Amori-
[tau vessels in foreign ports since January 1, 1886, of which tho Department of Stato
j has been iuformed; and, as it will be observed, no other cases of such seizure or de-
1 tontion h.ivo occurred than those in tho ports of tho Dominion of Canada, and under
I the allogod authority of the ofllcials of that Government.
I All of tbo vessels so seized or detained were vessels licensed for fishing under tho

laws of tho United States.

j They have all been released excepting th<.' schooner David J. Adams, of Gloucester,
|Mas8.,whiplns still held in custody at Digby, Nova Scotia, her owners not having
Iwiight to procure her release by giving bond".

I Tho period for which each vessel was decained and tho terms npon which they were
jMpectivoly released are stated in tho appended list.

I Instantly upon receivin"; authentic information of an alleged seizure from tho owners
jMthevcascls or their agents, or from tho consular officers of tho United Statc»'ln
[Laaada, this Department gave instructions to tho United States conanlar officers to

424

BIGHTS OF AMERICAN FISIli liMEN.

mako full and onroful iuvoatigatiun of tho facta in oaohcaae; and whcrcvoriiniiifr
tion of treaty riKhtn or the commerciul rights and privileges of citixenHot'tliu|j),i|'!|L
States appeared to have occurred, renreseutotionwos promptly made to llor Uruamj^
Majosty's uiinistor at this capital, calling for redress, and notification kIvoh ni ,u
luand for couiponsation for ail loss and injury to tlio vessels in i|ui>sti(iu and iIkJ
owners.

In order pro[>erly to assert and maintain tlio riglits of onr citizens iiml our intimt-l
tionaj rights under convenlions and by tlio law of nations which niiKiit Im! Iirdih'litjj
question by these pioceodiugs and by flio action of tho Cunadiiiii (iovciiinicii] t!i«|
professional services of two gentlemen learned in tlio law — Mr. (Jcorge W. Iliiiini, „*
tho city of Philadelphia, and Mr. William L. Putnam, of tho city of I'oi tluml j,!
Maine — wore retained by the Executive; and since tlie tiOtii of May last tliiis(!|r(iii|e.l
men have bestowed their careful consideration upon the circuuistancus ami lliolawigl
connection therewith in each case.

r.'oceedings have been commenced in tho vice-admiralty court at Iliilifas, Xovji
Scotia, in tho name of Ilcr Majesty tho Qnceu as plaintitt', against the hcIioouct iJuviJ
J. Adams and the schooner Ella M. Doughty in botli of wiucli casiis tlie comiiliiintijl
substantially the same. Copy is hereunto app.^nded of tlie complaint nIi^umI liytlnl
solicitor for tho attorney-general of the Dominion of Causida ngaiiiHt tho KliuIlT
Doughty, which sots fortli at length tho alleged grounds for the seizure ami di^ttiiiioiii
of that vessel. , I

Concurrently -with these events, correspondence has begun and is still prncpi'dini'l
between this Department and tho British minister at this capital, anil uIho lioinNul
tho minister of the United St.ites in London and tho foreign ..dice of llcr liridiniiicl
Majesty's Government, to obtain satisfactory recognition and enforcenmnt of onrj
rights under treaty and international law and tho laws and coiniiicrcial tisiijioHollioihl
countries, which are brought in qnestion by tho action of tho Canadian amliorilicsiDJ
milking tho seizures and detentions of American fishing vessels herein relCTrcd tomiill
described.

Pending this correspondence, which it is believed must soon tcnuinato inmiami-l
cable settlement mutually just and honorable, and, therefore, satisfaptory to Iwithl
countries and tlieir inhabitants, tho undersigned is unable lo reconiiiRMid tlmrrwil
df ut to communicate its contents in its present incomplete status, belioviti;; that tol
do so would not bo compatible with the public interests as connected with tho iraiis-|
actions referred to.

Respectfully submitted.

T. V. I5.VYARD.

Dkpartmknt of State,

Washington, July 2i,l8m.

fUst of indoanros.]

1. ResolntioQ of tho Senate of the United States, Mnv 10, 188G.

2. Resolution of tho Senate of tho United States. July 10, 183(5.

3. List of vessels of the United States seized or detained since January 1,1880.

4. Text of the complaint filed by Her Britannic Majesty's Government agaiu8ttlM|
Ella M. Doughty (with a letter from William L. Putnam, dated July i:?, 188fi).

No. 1,

In the Senate of the United Statks,

May 10, m.

Beaolved, That the President bo requested to communicato totho Sonatu, if inliisl
opinion not incompatible with tho public interest, any inforraatiru in the possession j
of tb Jovornment concerning the alleged seizure of the United Si,atc3 iishias; vessel j
David J. Adams while engaged in lawful commerce in one of tho ports in tho DouiiH
ion of Canada, and what measures, if any, have been taken to protect lishiiisvcssclnl
of the United States while engaged in lawful commerce in tho ports of the Domiiiii)ii|
of Canada.

Attest :

ANSON G. McCOOK,

Semlar).

By CHAS. W. JOHNSON,

BIGHTS OP AMEBi'^AN FISHERMEN.

42r)

No. 2.

In tiik Sknatk ok tiik Unut.!) Statics,

July 10, 1H8C..

Itrwkeil, Tliiih tlio rroHidoiit of tlio United Stufas Un mqiiOHttid, so fur n- iti his o^)in-

tjimitmayiiiitilio iiic.onsiHtont with tlio piiltlic. intoroHt, to iiit'orin tliu Hoimtit <it all

[fiM'is ill li'i^ ixisscHHioii or that of tiio l)i>|>iirtiiiiuit of >StiiUt in ro^^ard to tlio Hoi/nro or

lilcifiiiiim ill any foroij;ii jiortsof any Aiiioriciiii vchnl'Is hiiu-.o .lunniiry 1, 18H(i, and tlio

lirelt'Xtoriilli'f?t'<l ciiUHeH forHiidi Hoiziiro, and all «!orrra|»oiHl«5no«i relating to tlio uanio,

jmlwliiitiitroits liavo Itoon ^nad(^ to procnro rodroMs for hiioIi Boiznros, and to prevent

jtbcrctiiiTcncn llinn-ol.

Attest:

ANSON G. McCOOK,

Secrelarii.

T. V. HWARD,

No. 3.
lUt o/ American fmhing vcssala seized hi/ the auihoriliiH of Canada in the year 1880.

Vcunl.

f IhiviilJ. Ailiima

IEIhM.l)oii«lily

|l!ity J'oint

it'IUlaiTiiiKtmi

lIumoporL

Kowbiirypoi t, Miws .

KoiiiKiliiiuk, SIo

JSoiiHi r.ivy, Mo

Jiiitli, Alt)

rortlaml, Mo

Master.

Aldon KInnoy

AV'uiriMi A. Uoiijjiity
Kl(!])lmn KcPiH) ...."

(;. li.Jcwctt

John FrelllcU

Seized.

1880.
May 7
May 17
July :t
Jiilv .1
Jtili 3

AVliore wlzcd.

DlRby. N.8.
Kiiirlmhtown, C.B.
Sbnilnirnd, N. 8.

1)0.

Do.

* Owners vcfiisn to \,ntu\. VoshoI HtiU in custody.

tiloleasrd Jiitin 111. Kail, $i).4U0. I'rocooillii;;)) for romlsMion.

; Ut'luaavd (III j)a,viiiciitot' $400, alk';;ud flun.

/-i«lo/ American flaking vea»ch detained by the authorities of Canada in the year 1880.

VeMol.

fJ(«P|ili Storey..
FMallliew Knuny
Imwanl

Home port.

Itatli.Mo....
Essex, Mass .

Haator.

McDooald . .

Date.

April 24, 188C, ntKaddoclc.

July 3, 1880, ntCpiso.

Ileleasod.

Apr. SS.ISSa

* Detained 24 lionrs.

No. 4.

[IncloBurcA.I

No. 473. In tlio -^ico-aduiiralty court at Halirax.

[HerMajesty THE Queen, Plaintiff, "i
\ against I

pE snip ou VESSEL Ella M. Doughty (

AND UER CAKGO. DEFENDANTS. J

1 Action for forfeiture of the said vessel and her cavgo for violation of a certain con-
tention between Lis late Majesty Georgo the Third, K'ng of the United Kingdom of
|reat Britain and Ireland, of tho one part, and the United States of America, of tlio
Vwrpart, mado on tho 20th day of October, 1818, and for violation of tho act of the'
Miainentof tho United Kingdom of Great Britain and Ireland, made and pas-sed in tho
pehfty-ninth year of the reign of his late Majesty Georgo tho Third, King of tho United
pgiloin of Groat IJritain and Ireland, being chapter 38 of tho acts of tho said last-
Onii'il I'arliamcnt, made and passed in tho said year. Also, for forfeiture of tlni said

A'JiC,

RIGHTS OF AMKRICAN I'lHFIKRMEN.

Writ mncil on tho aoth dny of May, A. D. 1886.

1. A certain convention between his late Moijesty GoorKO t.lio Tliird, Kingoftli«
United Kingdom of Great Drituin and Ireland, oud tlieUniled StaleH of America vru
nittdo and BiRnod at Loudon on tlio 20tli day of October, 181f^, and by tlio drat articl*
tlieroof after tliat did'eronco« liad arisen reHpcctinf; the liberty elainicd liytlioMjii
United Stnten fov tho inhabitantn thereof to take, dry, and cupe'hHh on ccrtiunfOMti
bayH, liarborB, and crcelcH of his liritaunio MoJosty'H doniuiuH in America, it ««
agreed between tho high eontractiiiH i)artios that tho inhabitant.s of the Haid' United I
States should have forever, in cotnnion with the subjects of his Britannic Majesty, the
liberty to take lish of every kind on tliat i)art of tho southern coast of NowfoDndiaad
which extends from Capo Ra.y to tho Rauieau Isln "ds, on tho western and aortherj
coasts of Nowfoundhiml, and from the said Capo Ray to tho Quirpon Islands, ou tbe
shores of tho Magdalen Islands ; and also on tho coasts, bays, harbors, and creckufrnm
Mount Joly, ou the southern coast of Labrador, to and through Iho straits of Ueliolslo
and thcuco northwardly indoliuitoly along tho coast, without prejudice, however to
any of exclusive rights of tho Hudson Bay Company; and that i)w American lislier-
men should also have liberty forever to dry and euro iish on any of tho unsettled har-
bors and creeks of tho southern part of tho coast of Newfoundland, and there above 1
described and of the coa«t of Labrador ; but so soon as tho saino or any portion thereof
should bo sottle<l it shoirld not bo lawful for tho said iishermen to dry and euro Mt al
such portion so settled without previous agreement for such purpomi with tboinhali-
itants, proprietors, or possessors of tho ground, and tho said United States titerebyn^ '
nounced forever any liberty theretoforo enjoyed or claimed by tho inbubitunts thereof I
to take, dry, or cure fish on or within .'1 marine miles of any of the coasts, bayo, creeb, I
or harbors of Ilis Majesty's dominions in America not included within tho abovcnun-
ti('!jcd limits ; provided, however, that tho American Iishermen should bo ndmittcdto |
enter such bays or harbors for tho purjtose of shelter aud repairing damages thcreio,
of purchasing wood, and of obtaining water, and for no other purposes wliatover. liiii
they should bo under such restrictions as might bo necessary to jtrevent their takinj,
drying, or curing lish therein, or in any other manner whatever abusing the privl
leges thereby reserved to them,

2. That a certain net of tho Parliament of tho ^ I Kingdom of Great Britain I
and Ireland was made and passed in tho iifty-ni 'ir of the roign of lii»l;iicl
Majesty King George tho Third, being chapter Uy Oi ...^ acts of the said Parliaimnt,
made and passed in tho lifty-niuth year of tho reign of his said lato Majesty Kiij I
Gcorgo tho Third, and entitled "An act to enable his Majesty to inulte rcgiilatioujj
with respect to tho taking aud curing of fish on certain parts of the coast of N«j
foundland, Labrador, and his Majesty's otlier possessions in North America accordiDjj
to a convention made between his Majesty and tho United States of Amorica." |

3. That on tho 29th day of March, A. D. 18G7, a certain other act of tho I'arliaiiwt j
of tho United Kingdom of Groat Britain and Ireland was made, aud buini? cliaptcrDl
of tho acts of tho said Parliament jjassed in tho thirtieth and thirty-first ycarnofj
tho reign of her present Majf^sty Victoria, Queen of tlui United Kingdom olCrralf
Britain and Ireland, and being entitled "An act for tiii> union of Canada, XnvJ
Scotia, and New Brunswick and tho government thereof, and for purposes coiiiiiclcdl
therewith," which said act is cited and known as tho British North America wim
1807. [

4. That a certain act of tho Parliament of Canada was made and passed in tH
thirty-Orst year of tho reign of her said Majesty Queen Victoria, being chapfcrdlofl
tho acts of tho said Parliament made and passed ii>. tho year 18G8, and hciug eiititk'dJ
"An act respecting fishing by foreign vessels." And a certain other act of tho Pari
liament of Canada was made aud passed in tho thirty-third year of tlio roigaof litj
said Majesty Queen Victoria, being chapter 15 of tho acts of tho Parliament mm
aud passed in tho year 1870, aud being entitled "An act to amend the act rcspcotiw
fishing by foreign vessels." And in tho thirty-fourth year of tho reign of IIorMijesljj
Queen Victoria a certain other act of said Parliament of Canada, being chapter IJ*
tho acts of the said Parliament of Canada, was made and passed, being entitled "i
act further to amend the act respecting lisliing by foreign vessels," was i"1«l''J™
passed, being chapter 23 of tho acts of tho said Parliameni made and passed in WJ

r>. That tho said convention and the said sovei'al acts heroinbofoie meutioncil wy
• and aro still in full force nnd eflect.

C. The harbor of St. Anne's, situate in the con ity of Victoria, in tho Provincei"
Nova Scotia, together with its outlet to tho Bay r,f St. Anne's, and iilso the said Wj
I of St. Anne's, aM hereinafter designated as tho bay and harbor of St. Anne's, are»
lion 6f tho dominions in America formerly of bis luto Majesty George the ThirdJ

lliaiTTfl OF AMERICAN FIHIiKUMEN.

427

if tbo UiiiU'il KiiiK''o'» "' Orcat DiiUiu iviid Irdunil, luiil now of I [or Majesty Qiiccii
I Vidurm Qiici'nofthnUuitntl Kingdom of Gn^ut Uritain mid Iroluml, hiuI notiiiolii'lod
rlvin"'>ii •''"'' l"""'"'*'""'''''^'"''" toftHtof Ncwfouiidliiiid, and wliiuliuxtondH | from ]
ip • ii^y to tho Iliiineiiii iHlunds, on tlio western ami northern (!oa»tn of Newibiind-
bnil and from tbo said capo to tlio Qnirpon Islands, on tho iihores of tho Ma^^dahui
IslandH, or oil tho coasts, bays, liarbors, and crooks from Mount Joly, on tho Houtherii
foaatof Labrador, to and through tho straits of HcUo Islo, and thunco northwardly
iiiili'lliiitf'Iy alons tho coast.
7 That tliosaiil ship F-lln, M. Doughty, whereof one Warron A. Doughty, who was
liiouiifttural-liorn subject of Her Majenty, was or is niastor, is a foreign ship or ves-
( Bf 1 mit navijjated according to tho lawsof Great Hritaiu ami Ireland, or according to
llhohwi of Canada, but was and is u ship of tho United States of America owned by
Iforfiipicis; that is to say, by persons residing in and being citizens of tho United
iBiatosof Amoricii, whoro tho said ship or vessid was built and ouroUod, and tho said
[ilup or vessel Ella M. Doughty was at tho tinio horciLaftor mentioned licensed and
Iwrmittcd to carry on tho lisbories under and in pursuance of tho acts of tho United
[states of Amcriciv, and was onn;agod in tho proseoutiou of tho Hsheries and on a lisb-
ljii„vnvago,and was ai'd is without a license to ilsh or any license whatsoever iu tlmt
jbfblf from tho Oovcrnmeut of Canada or of Nova Scotia under tho atatutos of Can-
Llaiirof Nova Scotia in that behalf.
(*. Itutwoou tbo 10th and 17th days of May, 18S.5, tho said Warron A. Doughty, th o
nmttor of tbo said ship or vessel Ella M. Doughty, and tho ofllcors and crew of tho
Mulsliipor vossol Ella M. Doughty, did in and with tho said ship or vessel Ella M.
iDdunlity enter into tho bay antl harbor of St. Anne's aforesaid within three marine
Imilc" of tbo shore of said bay and harbor of St. Anne's, and within three miles of the
Iciiast.H, bays, crooks, ai:d harbors of those i>ortions of tin* dominions in America of
IhisMiil lato Majesty Kiu;r George tho Third, being now the dominions in America of
|]Ii>r . Majesty Que jn Victoria ',ot included in tho limits speciliod and dehuod iu the
|i,iiil lirst article of the sai'. convention and sot out aud recited iu tho lirst paragraph
iomif,for tbo purpose of x)rocuring bait, that is to say, herrings, whorowith to tish,
liiil ii'(t for Ibu preservatiou on board said vessel of bait to bo used in lishiug and of
fresh tish t(t bo lisbod for, taken, aud c-ught by aud upon tho said vessel and by th«v
tostir, otUcorN, aud crow thereof, aud .lid y mro such bait wherewith ti» lisli, and
^iicliiuii for the pnrpoaos aforesaid, and did outer for other purposes than for the
iirposos of sboltor or repairing damages, or <i purchasing wood or of obtaining water,
jcoiitrary to tbo provisions of tho said convention and of luo nu,i'\ several acts, and tho
jKiiil wme\ Ella M. Doughty and her cargo wero thereupon seized within throe marine
nihot'tbo coast or shores of tho said bay aud harbor of St. Auuo's by Donald McAulcy
mil Lanchlin G. Campbell, offlccrs of the customs of Canada, as being liable to forfeit-
lire for tho breach or violation of the said convention and of tho said several acts.
H. Uo said Warron A. Doughty, tlio majiter of tho said sliip or vessel Ella M.
)oa|,'hty, aud tbo officers and crow of tho said ship or vessel Ella M. Douj^ht.v , did,
letween tho 10th aud 17th days of May, 183ii, and subsequently, iu tho said ship or
kessol Ella M. Doughty, in the bay and harbor of St. Anuo's aforesaid, did, aud while
Boaml they aud tbo said ship or vessel Ella M. Doughty wero within three marine
nilfsof tho coasts or shores of tho aaijl bay and harbor of St. Anne's, and within three
barioo miles of the coasts, 8hor<!s, bays, creeks, and harbors of "those portions of tho
lominions in America of his said latoMaJesty King George tho Third, being now the
Bominions in America of Her Majesty Qiiocn Victoria not included within tho limits
Vc'liwl and dolincd in the said first article of tho said convoutiouand sot out and
Kcitoil iu tbo said lirst paragraph hereof, fish for fish and take tish, and did dry and
Inrp Ilsh, and wero preparing to iish within the meaning of tho said conveution, and
pftlwHiiid several acts hereinbefore mentioned, contrary to tho provisions of tho said
TOventiou and of the said acts, aud tho said vessel Ella M. Doughty and her cargo
»crc thereupon soized, within three marine miles of tho coast or shores of tho said
kv and harbor of St. Anne's, by Donald MeAuley and Lauchlin G. Campbell, officers
Iftbo customs of Canada, as being liable to forfeiture for violation of the saitl con-
ption and of tbo said puveral acts.

1 10. Tho said Warren A Doughty, tho master of tho said ship or vessel Ella M.
Poagbty, and tbo officers and crow of tho said ship or vessel Ella M. Doughty, were
Vitween tho said 10th and 17tli days of May, 188G, and subsequently, iu the 8ai<l snip
irvessel Ella M. Doughty in tho bay aud harborof St. Anne's aforesaid , and while he
ud they were within 3 marine miles of the coasts, shores, bays, crooks, and har-
»« of thoso portious of tho dominions iu America of his late Majesty King George
jJVi 1 ^"'".'S "o^ tbo dominions in America of Her Majesty Queen Victoria, not
Miuiod within the limits spociQed and dolincd in the said first article of tho said con-
mim, and sot out and recited in tho first paragraph hereof, preparing to fish within
^ciiieanmqof tbo convention and of tho said convention and of the several acts horq-
BOeinro mcntiouod, contrary to tho provisions of tho said conveution and of the several
|tt8, and of the said vessel Ella M. Doughty and her cargo were thereupon seized

428

RIGHTS OP AMERICAN FISHERMEN.

witbin ;j niarino luilcsof tlu! coasts or slioroH of tho said bayaiirt liailiorof S(, ,\,|
by Donald McAnlcy aud Lauchliii G. Campbell, oflieois of tbo tniMlonisorC'auadi^
beiug liable to forfeitiiro for breach or violatiou of tho said convLutiou auilof tS
aaid several acts. "

11. Between tho said 10th au.l 17th days of May, and snbscquently, in tliosiiidiaj
awl harbor of St. Auu'a v.ithiu '.\ marine miles of tho shore thereof, iuul within JnJ
rino miles of tho coasts, bays, creeks, aud harbors of thoso portions or partJiof tl«
dominions in America of his late Majesty liing George tho Third being now thedoniiiii
ion in America of her present Majesty (ineeu Victoiia, not iuclnded within tbo limit
sjiecitied aud deliued in the saidlirst article of the said convention, audsotoutaniia
cited in tho iirst jtaragraph hereof, the saio ship or vessel Ella M. Uoughty wastona
to be lishiag within the said distance of 3 marino miles of thosaid coasts, bays crteki
and harbors, contrary to tho provisions of tho said convention and t)f tho said severt

bio to forfeiture for breach or violation of tho said convention an(T of tho said seven
a<!t«.

12. Between tho said lOth and 17th days of May, 188G, and subsequently tk'roto.il
the said bay and harbor of St. Anne's, within '.i marine miles ot tho shoies tliow
and within .'? marine miles of tho coasts, bays, creeks, and liarbors of those jai
or portions of tho dominions in Am jrica of his said late Miijesty KingGcorge theTliit
being now tho dominions mi America of her present Majesty Queen Victoria, noi inj
iduded in the limits specilied and d.>lincd in tho said first article of said conveiitic.
and sot out and recited in tho Iirst jiaragraph hereof, the said ship or vessel F.iiay
UoTighty was ibund to have been iisbing within tho said distance of 15 marine luiJB
of thosaid coasts, bays, creeks, and Iiarliors, contrary to tho provisions of tbe sail
convention and of the sa-d seviiral acts, and tho said vessel EllaM. Doughty awllid
cargo was thereupon saized within \i marine iniles of the coasts or sliorcs of the sail
bay and harbor of St. Anno's, by Donald McAnley and Lauchlin G. Caniphell, oiliceJ
of the customs of Caufida, as being liable to forfoituro for broach or yiolatiou of th|
said convention and of tho said several acts.

13. Between the said lOth and 17th days of May, 1880, and subsequently, iutlieaiJ
bay and harbor of St. Anne's, within 3 marine miles of tho shores thereof and witljij
3 marine miles of tho coasts, bays, creeks, and harbors ot those parts or poitioa
ot tho dominions in Amerior., of his said hito Majesty George tho Third, Ijciiig noJ
the dominions in America of her present Majesty Queen Victoria, not included wiihii
tho limits speeitied and deiined in tho said first article of tho said convention and sel
cut •vnd recited in tho first paragraph hereof, tho said ship or vessel Ella M. Donglitjl
was found to bo preparing to fish within tho said distance of 3 iiiarino miles ol
tho said coasts, bays, crooks, and harbors, contrary to tho provisions of tho said conl
volition end of tho said several acts, and tho said vessel Ella M. Doughty and hcJ
cargo was thereupon seized, within 3 marine miles of tho coasts or shores ofihl
said bay or harbor of St. Anne's, by Donald McAuley and Lauchlin G. Campbell, oil
ccrs of tho customs of Canada, as being liable to forfeiture for violation of tbo saif
convention and of th^ oaid several acts. ♦

14. During tho mouths of April and May, 1880, tho said Warren A. Doughty, uii
ter, and tho otllcers and crt'w of tho said ;:l'in or vessel Ella M. Doughty, did, iiit'
said ship or vessel EllaM. Doughty, enter within 3 marine milcH of tho coast, bayij
creeks, and harbors, contrary to tho provisions of tho said convention of the I'roviiid
of NovaSootia, being a portion of the dominions of America of his lato Majesty Kin|j
George tho Third, and low of her said Majesty Queen Victoria, not included withj
tho limits specilied and deiined in th' said tirst article of the said convention ami r
out and recited in tbo first paragraph hereof, for tho purpose of procuring Imit, tb
is to say, herrings, wherewith to lisli, and ice for the preservation on board saiilvM
sol of bait to bo used in fishing, and of fresh lish to be fishetl for, taken, and eanghl
by and upon tho said vessel, and by the master, oflicera, and crew thoreof, aud pro
cure such bait wherewith to fish, and such ice for tho purpose aforesaid, and did*
enter for other purposes than the purpose of shcltcsr or repairing dnniages, orof pnH
chasing wood, or of obtaining water, contrary to tho provisions of the said couventior
and of tho several acts, and tho said vessel Ella M. Doughty and her cargo were 'heR
upon seized, within 3 niarino miles of the coast or shore of tlie saiil Pro?inee«
Nova Seotia, by Donald McAnley and Lauchlin G. Campl-ell, oflicoi-s of the eiistom
of Canada, as being liable to forfeiture for breach of the said convcntiou ami of 1
sai«l several acts.

15. Duving tho months of April and May, 1886, tho said Warren A. DonghtT,t»
master of the said ship or vessel Ella M. Doughty, and tho otlirors and cre,voftli|
said ship or .essel Ella M. Doughty, did in tbo said ship or vessel Ella M. Dongmyl
and whilo 1)0 n-id thoy and tho sftitl ship or vessel Ella M. Doughty werr, witimjP
marine miles of tlio coasts, bays, creeks, and harbisrs of tho Province of Nova bcoWj

KIGHTS OF AMERICAN FISHERMEN.

429

Wnffaimrlionof lilt' (loiuiiiionsin Aiuorica foniiarly of his lato Majesty Kiiij^ Goorjjo
bThird, and now ot Hur Majesty Queon Victoria, iu;t ricluded in the limits speci-
1 mil (leliui'tl i" ^1'^' '"'■'^ *''™^ iirticlo of the said couvontioii, and sot out and recited
itlietiidfirst panij;raj»h licreof, lish for li-iii, tako (isU, and dry and euro iisli, and
L> pri'iimnii to fish within tbo meaning of tho said convention and of the said sev-
Lla't.H, andTlio said v<'8ho1 Ella M. Donj^hty and her cargo were thcronpon seized,
Btiiiu ;! uiariuo miles of tho coasts or shores of tho said Province of Nova, Scotiu, by
Ljld jIcAiiloy and Lauchlin G. Oanipbcll, officers of the cnstoms of Canada, as bo-
Llialiiotoforleitnro for breac'. or violation of tho said conveqtion and of tho said

Ircral acts.

Ilti. Uuriiig tlm month) of April and May, I88tt, tho said Warren A. Doughty, the

Istcruf tlio said ship or vessel Ella M. Doughty, and tho officers and crew of tho

|ilslii|i or vessel Ella M. Doughty, wore in tliu said t liij) or vessel Ella M. Doughty,

1 while I'l! and they and tho said ship or vessel Ella M. Doughty were within 3

iriiw miles of the coasts, bays, creeks, and harbors of the Province of Nova Scotia,

^i)t',i|iortioii of tho dominions in America formerly of his lato Majesty King Georgo

Tiiiid, 'lid now of Her Majesty Qucien Victoria, not included within the limits

lilitdand delined in the said first article of tho said convention sot r-t and recited

fihelirst paragraph hereof, preparing to lish within tbo nio.auing of tho said cou-

Intionandof the several acts hereinbefore mentiouer'., contrary to the piovisions of

esaidcouvcntion and of the said several acts, and tin said vessel Ella M Doughty

J iier cargo wore thereupon seized, within :? miles of tho coasts or chores of the

dProvincoof Nova Scotia, by Donald McAnloy and Lauchlin G. Campbell, officers

[tlie customs ot Canada, as being liable to forfeiture for violation of tho said con-

Vtion and of tlu* said several acts.

olie Hon. John S. D. Thompson, Her Majesty's attorney-general for tho Dominion
fi'auaila, on beh.ilf of Her Majesty the Queen, claims the condemnation of tho said
Ipmd her cargo and iier gur.s, ammunition, tackle, apparel, furnituro, and stores
hiolatiou of the said convention and of the said several acts.

WALLACE GRAHAM,
• Solicitor for the Attorn^-Gencial of Ca7tada.

No. G5.

bounbtv, I
Icri'.yoftbt
}l. Doiigbtyl
|erc wiiiiDf
^ova ScDti'J

Mr. Bayard to Mr. Fhcljys.

1.3(2.] Department of State,

Washington, July 30, 1880.

Sir: Notwitlistaiuliiij^ tho o.\i)res8 liiiigiia<j:e of Article I of the coii-
htioii between tlie Uiiitetl States and Great Britain, concliKled Octo-
:ill, ISIS, by which it is provided that tho inhabitants of the two
litnu'tinjf countries *' shall ha\'e forever in comn:on • ♦ • the
jtrty to take fi.sh of every kind " on certain coasts therein described,
' aspart thereof, " on that part of the southern coast of Newfound-
I winch extends from Cape Itay to the lianieau Islands on the west-
land nortiiern coast of Nev.'foundland ; from the said Cape Kay to
jQuirpoii Islands, on the shores of the Magdalen Islands, and also
|tlie coast, bays, harbors, and creeks from Mount .Jo!y, on the south-
coast of Labrador, to and through the Straits of Belle Isle, and
into iioitliwardly indefinitely along the coast, without prejudice.
Fever, to any of the exclusive rights of the Hudson Bay Company,"
lave to day received tho sworn statements of the captain of an
|erieaii fishing vessel, tlu) Thomas F. liayard, of Gloucester, Masa.,
lie ctl'cct that ho has been hindered of his lawful rights, so expressly
M by llie convention referred to, '* to take lish of every kind " in
^Uiirbor of Bonne Bay, on the western coast of Newfoundland and

1 the geographical limits hereinbefore stated.
ploseu copy of the affidavit and likewise of the formal notice re-
i«lliythe master of theThomasF. Bayard from tho customs officials at
ineBay, whereby, to avoid tho seizure of his vessel bj tho local au-

430

RIGHTS OF AMERICAN FISHERMEN.

thority ol" NewloniuUaiul, lie wiis comiu'llod to abstiiin iioiii the exercise]
of Lis lawful right to obtain tish for bait to b<» used in the open scalisii I
ing, and to break up liis voyage and return home, thus sulTeriiig TreaJ
loss. * I

The aflidavit of Captain IVIcEachern, of the American schooner Jlaj.|
cot, of Gloucester, Mass., which I hand you herewith, discloses tliofactl
of the threat of the customs officials at Port Amherst, in the Magdalenl
Islands, to seize his vessel should he there obtain fresh fish for bait iijl
though those islands are expressly designated and included in tiic n'^ioil
wherein the liberty forever to take llsli of every kind is expresslyiicJ
cured by the convention of 1818.

Previous attempts or suggestions have been made by the local nt
thorities of Newfoundland to inhibit the jiurchase or sale of fresh lis)
for use as bait, and the same have been distinctly disapproved bjEeJ
Majesty's Government, notably by the Duke of Newcastle, wheusecrel
tary of state for the colonies, in his dispatch of August 3, 18C3, to tlifj
governor of Newfoundland, Sir A. IJannerman, a copy of wiiicli voi
will find at page 111 in the public document (Ex. Doc. No. 84, llousi
of IJepreseutatives, Forty-sixth Congress, second session) sent yoiil|
this mail.*

You will ideaso draw the attention of Her Majest.Y's secretary i
state for foreign affairs (Lord Iddesleigh) to these infractions of toatj
rights, and retpiest that such instructions may be ,)romptly issii.dl
the Newfoundland oflicials as will prevent a recurrence of such wro
to the lawful pursuits of American citizeiis ; and you will also no
his lordship that remuneration for the damages incurred by tlmva
sels and their owners in the cases .referred to in this instruction wi
claimed on behalf of the sufferers, so soon as the amount is accurattll
ascertained.

I am, &c.,

T. F. BAYAKD.I

[rnclusurcH.]

1. Ex. Doc. No. 84, House of RcpiesciitativoB, Forty-sixth Coiif^retss, Hecoiid*
sion (not I'opriutcd hertiwith).

2. Mr. Woodbury to Mr. Uavurd, Boston, July 2S, 1880, with iuclosures. (.SecS

m, i». 187.)

No. GG.
Mr. Phelps to Mr. Bayard.

No. 351.] Legation of the United States,

Lomlon, tiepUmher 13, 1880. [lleceived Seiitcniber 2i.|
Sir : 1 have the honor to transmit to you herewith a copy of a notes
by nio to Lord Iddesleigh, Her Majesty's secretary of state f<ir *"{*.
aifairs, under date of September 11, 188(5, on the subject of tliewij
diau fisheries.

And I have, &c., „,„„

' E.J. PHELPS

* This document comprisea the correspondence in relation to tlio Fortonc
occurrences.

ItlGllTS OF AMKRICAN FISHERMEN.

431

(Inclosuro No. 1, •with Mr. Flielps'a No. S."!!.]

Mr. Phelps to Lord Iddealeigh.

Lkgation o.'i" the Unitkd States,

London, /September 11, 1886.
My Lord: I have the honor to acknowledge the receipt of your note of September
(lu tbe subject of the Ciinadiau lisberics.

I received also on the Kith of August, last, from Lord Rosebery, then foreign secre-
. jj gopy of a note on the sanio subject, dated July 23, 1886, addressed by his Lord-

Jiip' throiii;li the British minister at Wushington, to Mr. Bayard, the_ Secretary of
itato of tlio United States, in reply to a note from Mr. Bayard to the Britisli minister
fc(M:iv 10, and also to mine addressed to Lord Rosebery under date of June 2. The
ktireiucnt of Lord Rosebery from office immediately after I received his note, pre-
Eeiited a continuance of the discussion with him. And in resuming tlio subject with
hoar loidsliii), it may be proper to refer both to Lord Rosebery's note and to your
fcffn. In doing so I repeat iu substanco considerations expressed to you orally in re-
tent interviews.

Mv note to Lord Rosebery was confined to the discussion of the case of the David

AdaiiiSi the only seizure in reference to wli ich the details lad then been fully made
known to ine. The points present(jd in my note, and the arguments iu support of
Jicni, need not bo repeated.

So answer is attempted in Lord Rosebery's reply. He declines to discuss the ques-
< involved on the ground that they are "now occupying the c^t+nntion of the
mirisdf law in the Dominion, and may possibly form the subject of an appeal to the
Indicial coniuiittoe of Her Majesty's privy council iu England."

lie adds:

"It is believed that the courts in Canada will deliver judgment in the above cases
Jcry lihortlv, and until tlie legal proceedings now pending have been brought to a
»nclii9ion, Her Majesty's Governnicnt do i»ot feel justified in expressing an opinion
j\m them, either as to facts or the legality of the action taken by th«? colonial au-
llioritics."

And yotir lordship remarks, in your note of August 24, " it is clearly right, accord-
k'to jiractico and precedent, that such diplomatic action should bo suspended pend-
jngtiie completion of the judicial inquiry."

This is a proposition to which the United States Government is unable to accede.

Tiio seizures complained of are not the acts of individuals claiming private rights
kliielican bo dealt with only by judicial determination, or whicli depend upon facts
jliat need to bo ascertained by judicial inquiry. Tliey are the acts of the authorities
Iftiiiiada, who profess to bo acting, and in legal elfect are acting, under the author-
ity of Her Majesty's Government. In the report of the Caniidian minister of marine
md lisiiories, which is annexed to and adopted as a part of Lord Rosebery's note, it
tsaid:

'The colonial statutes have received the sanction of the British rovereign who,
lid not the nation, isactnally the party with whom the United States made the con-
lention. The officers who are engaged in enforcing the acts of Canada, or the laws
If tbc Empire, aro Her Majesty's officers, whether their authority emanates directly
pill the Queen or from her representative, tlio governor-general'"

The j^rouiul Upon which the seizures complained of are principally justified is the
;;ation that the vessels in question were violating the stipulations of the treaty
lotwien the United States and Great Britain. This is denied by the United States
Buvininiout. The facts of the transaction aro not seriously in dispute, and, if they
W.could bo easily ascertained by both Governments without tlio aid of the judicial
Tibimals of either, and the question to be determined is the true interpretation of the

tfaty as understood, and to be administered between the high contracting parties.
, Tliu iiroposltion of Her Majesty's Government amounts to this, that before the United
llatcs cau obtain consideration of their complaint that the Canadian authorities
l^itliont justification have seized and aro proceeding to conliscato American vessels,
ri'snltof the proceedings in the Canadian courts, instituted by the captors o" the

"ills of the seizures, must bo awaited, and the decision of that tribunal ou the in-
^rnatioDal questions involved obtained.

I I lie ratorpretatiou of a treaty when it becomes the subject of discussion between
»o uovorninents is not, I respectfully insist, to be settled by the judicial tribunals
I either. That would be placing its construction in the hands of one of tbe parties
'it. It cau only bo interpreted for such a parpose by the mutual consideration and

cement which were necessary to make it. Questions between individuals arising
jon tbo terms of a treaty may bo for the c jurts to which they resort to adjust.
IVaestions between nations as to national rights secured by treaty are of a very

"letent character and must be solved iu another way.

432

RIGHTS OF AMElilCAN FISHERMEN,

The United States Govciumeut is no party to the piocoediugH instituted bvtl i
British authorities in Canada. Nor can it consent to bocouio a partj'. TLo proceeS'
iugs themselves are what the Uuitod- States complain of as imauthorized, aswclU
unfriendly. It avouUI bo iuconsisSout with the dignity of a sovereifru power to k
come a party to such proceedings, or to eeeli redress in any way in the courts of aT 1
other country for what it claims to bo tho violation of treaty stipulations bytli.
authorities of that country. '

Still less could it consent to bo made indirectly a party to the suits by being required
to await the result of such defense as tho individuals whoso property is implicated
may bo able and may think proper to set up. j

Litigation of that sort may bo indeliuitely prolonged. Meanwhile fresh 8oizurej|
of American vessels upon similar grounds are to be expected, for which redress i

in like manner await the decisions of tho local tribunals, whoso jurit<diction thocap- 1
tors invoke and the United States Government denies. "^j

Nor need it be again pointed out, how difi'erent may bo the question involved be-
tweon the Governments from that which these proceedings raise in the Canadian conrtj
Courts in such cases do not administer treaties. They administer only tho statutes that
are passed in pursuance of treaties. If astatnte contravene the provisions of a treatv
British courts aro nevertheless bound by the statute. And if, on tlio other hand
there is a treaty stipulation which no statute gives the means of enforcing, tho conit
cannot enforce it.

Although the United States Government insists that there is no British or colonial
act authorizing the seizures complained of, if the British courts should uoverthelca
lind such authority in any existing statute, the question whether tho statute itself
or tho construction given it is warranted by-tho treaty would fttill remain, Andak
the still higher question, whether if the strict technical reading of the treaty m'
be thought to warrant such a result, it is one which ought to bo enforced betivnn
so> ^roigu and friendly nations acting in the spirit of the treaty

Tho United States Government must therefore insist that, irrespective of thofiitrai
result of tho Canadian lejcal proceedings, tho authority an(l propriety of which istlit
subject of dispute, and without waiting their conclusion, it is to Her Majesty's Got-
ornment it roust look for redrcoS and satisfaction for tho transactions in question, and
for such instructions to tho colonial authority as will prevent their repetition.

While, as I have observed. Lord Ilosebery declines to discuss tho question of tliii,
legality of these seizures, tho able and elaborate report on tho subject itom the Cana-
dian minister of inarino apd fisheries, which is made a partof it, attempts in very gen-
eral terms to sustain their authority. Ho says:

" It is claimed that tho vessel (the David J. Adams) violated thotrcaty of IH^aud
consequently tho statutes which exist for the enforcement of tho treaty."

It is not clear from this language whether it is meant to be asserted that if an act,
otherwise lawful, is prohibited by a treaty, tho commission of tho act becomes a viol
tion of a statute which has no reference to it, if tho statute was enacted to carry onti
tho treaty, or whether it is intended to say that there was in oxisteuco, prior to tk
seizure of the vessel in question, some statute which did refer to tho act c
of ami did authorize i)roceeding3 or provide a penally against American fishing vessel
for purchasing bait or su)>plies in a Canadian port to bo used in lawful fishing.

Tho former proposition does not seem to require refutation. If the latter is intended,!
I have respectfully to request that your lordship will havo the kindness to direct
copy of such act to bo furnished to mo. I have supposed that none such existed, am
neither in tlio report of tho Canadian minister, nor in tho customs circulars orwarn'
ings thereto appended, in which attention is called to tho various legislation ontI
subject, is any such act pointed out.

The absence of suph statute provision (dther in tho act of Parliament (.')D Geo, Ill|t.
I'S) or ill any subsequent colonial act, is not merely a legal objection, though quite
sutiicient one, 'to tho validity of the proceedings in question. It aftbrds the mostsatii
factory evidence that up to the time of tho present controvoray no such constrnctior
has been given to tho treaty by tho British or by tho colonial parliament, asia
sought to be maintained.

No other attempt is made in tho rejiort of the Canadian minister to justify tlieli
gality of these seizures.

It is ap|iarcnt from tho whole of it that ho recognizes the ijecossity of thoproi:
(Hiuctmcut of the act of the Canadian I'arliament already alluded to iu order to
lain them.

This remark is further confirmed by the comniuuication from tho Marquis of La:
(lowne, governor-general of Canada, to Lord Granville, in reference to that act,!
nexed liy Lord Rosebery to his second note to the British minister of .July 23, l!l^i
copy of which was sent me by his lordship, in connection with his other note of sai
dale above referred to

I <io not observe upon other points of tho minister's report notbearing upon thopoim
of note to Lord Rosebery. So far as they relate to the communications addreweo *

RIGHTS OF AMERICAN FISHERMEN.

433

f tb'Britisli minmtcr by Mr Bayard, I ho Secretary of State will donbtlosa make sncli
1 TMilv as umy seem to liiiii to bo ciillcd lor.

Ill various jHIilt iub:<iinco8 AiiKuiciin vessels have been seized or driven away by the
woviucinl authorities whou not engaged or proposing to engage in any illegal em-

' ^ Sonio of thcso cases are similar to that of the Adams, the vessels having been taken

iKissesslon of for pnrchaslng bait or snpplies to bo used in lawful fishing, or for al-

i Ucd technical breach of cnstom-honso regulations, wnero no harm was either in-

tcmlcd or committed, and nnder circumstances in which for a very long time such

tfcnliitions biivobeen treated as inapplicable.

t Iq other cases, an arbitrary extension of the three-mile limit fixed by the treaty has

[ken ftiinonnced so as to include within it portions of the high sea, such as the Hay

of Fiiiulv, tho Bay of Chaleur, and other similar waters, and American fishormea have

ken iireveuted from iishiug in those places by threats of seizure. I do not propose

at this time to discuss the question of the exact location of that line. But only to

[protest against its extension in the manner attempted by the provincial authorities.

To two recent instances of imterforonco by Canadian ollicers with American lishor-
[nicu of a Homewhut (liilercnt pharacter, I am specially instructed by my Government
[toiisk your lordship's attention, those of the schooners Thomas F. Bayard and Mascot.
Tlicso vessels were proposing to fish in watora in which the right to lish is expressly
Isccureil to Americans by the terms of the treaty of 181H ; the former in Bonne Bay,
Ion the northwest coast of Newfoundland, and the latter near the shores of the Mag-
1 diilcii Islands. i

I lor this purpose the Bayard attempted to purchase baitm the port of Bonne Bay,

Ikviug reported at the custom-house and announced its object. Tho Mascot made' a

[giniilar attempt at Port Amherst in the Magdalen Islands, and also desired to take

[oil lioard a pilot. Both vessels were refused permission by tho authorities to purchase

[kit, iuid tlio Slascot to take a pilot, and were uotiticd to leave tho ports within

[twiity-four hours on penalty of seizure. They were therefore compelled to depart,

[to break up tbcir voyages, and to return home, to their very great loss. I ai»pond

Iconics of tiio allidavits of tho masters of these vessels, stating tho facts.

Vourlordsbip will observe, upon reference to the treaty, not only that tho right to iish

II those waters is conferred by it, but that the clause prohibiting entry by American

iisluTmcii into Canadian ports, except for certain specified purposes, which is relied

Ion by the Canadian Government in tho cases of tlio Adams and of some other ves-

pIs, liiis no application whatever to tho ports from which tho Bayard and the Mascot

lucre cxcliuled. Tho only prohibition in the treaty having reference to those ports is

jai;:iiiist curing and drying iish there, without leave of tho inhabitants, which tho

Ivesseis excluded had no intention of doing.

The conduct of the provincial ofliccrs toward these vessels was therefore not

merely unfriendly and injurious, bat in clear and plain violation of tho tonus of tho

[treaty. And I am instructed to say that reparation for tho losses sustained by it to

|thco\vncr8of tho vessels will bo claimed V)y the United States Government on their

Iklialf aa soon as tho amount can be accurately ascertained.

I It will be observed that interference with American fishing vessels by Canadian
|autboritie8 is becoming more and more frequent, and more and more llagrant in its
|ilis:c;^ard of treaty obligations and of the principles of comity and friendly intercourse.
po I'orbearanec and moderation of the United States Government in respect to them
bpear to have been misunderstood and to have l)een taken advantage of by tho
broviaeial government. Tho course of tho United States has been dictated, not only
h iiii anxious desire to preserve friendly relations, but by tho full confidence that
pe iutorpositiou of Her Majesty's Government would be such as to put a stop to tho
nransactinns complained of, and to afford reparation for wh.at has already taken place.
uho subject has become one of grave importance, and I earnestly solicit tho imme-
piate attention of your lordship to tho question it involves, and to the views pro-
Tfiited in my former note and in those of the Secretary of State.
Tho proposal in your lordship's note that a revision of the treaty stipulations bear-
In;; upon the subject of tho fisheries should be atteniptod by tho Govornmont, upon
lliebasisof mutual concessions is one that under other circumstances would merit
•nil reeoiye serious consideration. Such a revision w.is desired by tho Government
►j the United Statues beforo the j)resent disputes arose, and when there wasareasoua-
We prospect that it might have been carried into etfect. Various reasons not Avithin
pcontrol now concur to make tho present time inopportune for that purpose, an(l
jwatly to diminish tho hope of a favorable result to such an effort. Not the least of
|km is the irritation produced in tho United States by the course of tho Canadian
7«veriimeiit, and tho belief thereby engendered that a new treaty is attempted to bo
prcedupou tho United States Government.

^t seems apparent that tho questions now presented and tho transactions that
■« tlio sabjoct of present complaint must be considered and adjusted upon tho pro-
Bionsof the existing treaty, and upon tho construction that is to bo given to them,

8. Ex. 113 28

434

RIGHTS OF AMERICAN FISHERMEN.

A just couBtructiou of fjicso stipulatious, aud buc'i as would consist with thodi
uity, tbo interests, and the friendly relations of tlio two countries, ouglit uot to t
difficult, aud can doubtless bo arrived at.

As it appears to mo very important to these relations that the collisions bctwMn
tho American fishermen and tile Canadian ofittcials should torininato, I sujrgest (o
your lordship whether an ad interim construction of the terms of tho osistingtreatt
cannot bo reached by mutual understanding of tho Governmonts, to ho carried or
informally by instructions given on both sides, without prejudice to ultimate claiin,"
of either, and terminable at tho will of either, by which tho conduct of tlio busing,
can bo so regulated for the time being as to prevent disputes aud injurious proceed-
ings until a moro permanent understanding can be had.

Should this suggestion meet with your lordship's approval, porhiips youmayln^
ablo to propose au outline for such an arrangement. f

I am not prepared nor authorized to present one at this time, but may horeafterlw
instructed to do so if tho effort is thought advisable.
I have, <&c.,

E. J. PHELPS,

(IncloBuro No. 2 with Mr. PLolps'a No. 351. J

Sworn atatcment of James McDonald, master of the Thomas F. Bayard, dakd Juhj '&,w\
with accompanying notice served on him hy N. N. Taylor, officer of customs, dated Jiil
12, 1886. '

United States of America,

Commonwealth of Massachusetts :

I, James McDonald, of Gloucester, on my oath do say I am master and parfcora
of tho schooner Thomas F. Bayard, a licensed vessel of tho United States; tbatshej
sailed witli a permit to trade from Gloucester Juno 22, on a trip forLalibut, W'i
fished on tho northwest coast of Newfoundland, near Bonne Bay, where, my 8upplj|
of bait being exhausted, I ran into tho port July 12 and reported at tho custoiahausfj
stating to the collector that my purpose was to buy bait. The collector immediatel,^
served me with the notice hereto appended and mado part of this affidavit, 1 had
with mo a copy of the Canadian Warning of March 5, 1886, which contained the clause
2 of the treaty of 1818. This I slowed to tho collector aud argued that I had tbj
right under the treaty there set out. In substance his reply was that he badaa
official duty to perform aud would not permit mo. 1

Fearing that my vessel would be seized should I remain or should I buy bait ortaka
it, I determined to return to Gloucester, as my trip was broken up by reason of thea
threats in the notice and the action of the collector in refusing to recognize tbo righa
secured to my vessel by tho treaty. I arrived in Gloucester July 20. Isaygrejj
losses aud <laniagc8 have inured to said vessel, her owner, .lud crew by reason of 1>
ing warned off said coast and said Bonno Bay, as will be duly mado to appear,

JAMES Mcdonald. I

Commonwealth of Massachusetts,

Suffolk ss: ■

Boston, Juli/ 23, M j

Then personally appeared tho above-named James McDonald and luadc o.illi tin
tho foregoing statement by him subscribed is true.

CHARLES G. CHICK,
Justice of the I '(«('.

(Inulosure No. 3 with Mr. Pbeliia'a No. 361.]

Mr. Taylor to Captain McDonald.

Bonne nvY,JH?i/ 12, 1*<

Sir: lam instructed to give you notice that the presence of your vessel i" tj

port is in violation of tho articles of tho international convcnsion of 1818 '^''Jy

Great Britain and the United States^ in relation to fishery rights on tho coast of se<

foandland, aud of the la^s in forco in this country for the enforccraout of tbo ariicil

KIGHTS OI'^ AMERICAN FISHERMEN.

43S

f (ho convention, and lliat tlio puicluiHo of bait or ice, or other trausactiou in cou-
"■ctioii witli lisbfiy operatiouM, within ',i miles of the coasta of this colony, will be iu
fiirtbcrviolatiou oVtho tonua of Haiti couvcntiou ami laws.
1 am, &c.,

N. N. TAYLOR,
Officer of Customs.

Cant. Jamks McUonai-u,

Schooner Thomas F. Haijard,

[iDclosiireKo. 4 witli Mr. I'belps'H ^0.351.)

Siror

II slattmcnt of Alexamler McKavhern, master of the Mascot, ^aled July 27, 1886.

I STATK of MASSACllUSETrS,

County of Essex. :

Glouckstkk, July 'J7, 1886.

l!c it known that on the 27th day of Jnly, in tlio year of onr Lord 188(i, before iuo»

I Aaron rursoiis, a notary pnblic, duly cotuinisHioucd and sworn, and dwelling at Glou-

astDi', in the county and State aforesaid, personally appeared Alexander McEachoru,

[ M.sti'i'of the schooner called Mascot, of this port, who deposes aud says : That ou the

lUilulayof June, 18S(5A. D., I went into Port Amherst, Magdalou Islands, for the pur-

I ]insi; of bnyinfj; bait, but as soon as I went ashore I was met by the custom-house offl-

I cials, who forbid nie from so doinj^, stating they would seize my vessel, and I had no

ri;;lit to enjoy any privileges Ikuo except to get wood and water. I informed him

lliat I wanic(l to take a ]tilot so I could find a spot where I was informed the Ashing

was {,'00(1. Ho also said if I shipped such i)ilot or laid in port over twenty-four hours

ihi'wuiili) seize my vessel.

[sKAi,.] ALEX. McEACHERN

Before mo.

AARON PARSONS, N. P.

No. 07.

Mr. Porter to Mr. Phelps.

[No. 414.] Department of State,

Washington, September 29, 1880.
Sill: I transmit to you herowitli, for your informatioa, a copy of Mr.
I Bayard's note of the liSd instant, to Sir Lionel West, concerning the re-
Iported action of the customs officers at Slieep Creek, in the Straits of
jCaiiso, ill threatening tbo American fishing schooner A. E. Crittenden
jwitli seizure if she took in water. Also a copy of Sir Lionel West's re-
iply to said note.
I ani, &c.,

JAS. D. POETEli,

Acting Secretary.

[luclosorc.l

'• Mr. Bayard to Sir L. West, September 23, 1886.
i. 8ir L, West to Mr. Bayard, September 25, 1386.

(SeoNo. 40, p. 47.)
(See No. 41, p. 48.)

43G

BIGHTS OF ARIKUICAN I'lSHEUMKN.

No. (JS.

^[r. Phelps to Mr. Bayard.

Lkgation of thk United Status,
I, October 12, 1S80. [Received October 2G

No. 372.J

London, tfctooer i-', ifim. [Keceived Uctober 2C.]
Sir: 1 liavo llie lienor to inclose herewith ii copy of si note received
by uie this «lny IVoiu Loril Iddesleigh in reierenco to the Ciuiadiau |
fisheries.

I have, &c.,

E. J. rnELPS.

(IncloHuro Willi Mr. I'liclpa'd No. 372.]
Lord Iddcsldgh to Mr. Vhclps.

FoKEiGN Okfick, Odobir\{,\m. .
Sir : I luivo llio honor to ackiiowlcdgo the receipt of your nolo of tbo lltli ultimo.
on tlio Buhjcctof tlioCiiuadi.an lisbcries, and I beg leave to acquaint .voutliattho note
18 under tbo careful consideration of Her Majesty's Govoruinent auil tbat an auswfr
will iHi returned as early as possible.
I bavo, t&c,

IDDESLEIGH.

No. 69.

Mr. Bayard to Mr. Phelps.

No. 434. J Department of State,

Washington, October 20, 188(j,
Sir: 1 inclose herewith for your information a copy of my noteoftliej
19th instant, to Sir Lionel West, concerninf? the soizmeot the Aincrli
can lishinj; vessel Everett Steele, of Gloucester, Mass., by tlicCamuliaiij
cutter Terror, on the 10th of September, 1880, in the harlior of Slielj
burne, Nova Scotia.
1 am, &c.,

T. F. BAYAED.

* ' [Iiiclosuru.]

Mr. Bayard to Sir Lionel West, October 19, 188(1. (See No. 44, page 52.)

No. 70.
Mr. Bayard to Mr. Phelps.

No. 40J.J Department of State,

Washinc m, N^ovembcrii,!^-

Sir : On October 7, ISSG, the United States fishing vessel, tlij
j\Iarion Grimes, of Gloucester, Mass., Alexander Landry, a citizcu o|
the United States, being her captain, arrived shortly before mid"ig!jt|
under stress of weather, at the outer harbor of Shelburno, Nova Scob"

IIIGIITS OP AMERICAN FISHERMEN.

437

The iiiglit was stormy, with a strong head-wind against her, and I;er
sole object was temporary shelter. She remained at the spot where
she aucljored, which was about seven miles from the port ofShelburne,
no Olio leaving her until G o'clock the next morning, when she hoistetl
Htiil ill order to put to sea. She had scarcely started, however, before
slie was arrested and boarded by a boat's crew from the Canadian
ciiiiHer Terror. Captain Landry was compelled to i)roceed to Shelburne,
about seven miles distant, to report to the collector. When the report
ffii8 made, Captain Landry was informed that he was fined $400 for not
reporting on the previous night. He answered that t4ie custom-house
was not open during the time that ho was in the outer harbor. He
further insisted that it was obvious from the storm that caused him to
take shelter in that harbor, from the shortness of his stay, and from the
ciicuinstances that his equipments were exclusively for deep-sea fishing,
1111(1 that ho had made no effort whatever to approach the shore, that
liis object was exclusively to find shelter. The fine, however, being im-
poseil principally through the urgency of Captain Quigley, command-
iiiffthe Terror, Captain Landry was informed that he was to bo detained
at the port of Shelburne until a deposit to meet the fine was made. He
consulted Mr. White, the United States consular agent at Shelburne,
wboatonco telegraphed the facts to Mr. Phelan, United States consul-
general at Halifax, it being of great importance to Captain Landry, and
to those interested in his venture, that he should proceed on his voyage
at once. Mr. Phelan then telegraphed to the assistant commissioner of
customs at Ottawa that it was iin])0S8ible for (^ai)tain Landry to have re-
pited wliile ho was in the outer harbor on the 8th instant, and asking
thattlio deposit required to release the vessel be reduced. He was told
iiiropl.v tliat the minister declined to reduce the deposit, but that it might
be made at Halifax. Mr. Phelan at once deposited at Halifax the $400,

I and telegraphed to Captain Landry that he was at liberty to go to sea.
On the evening of October 11 Mr. Phelan received a telegram from Cap-
tain Landry, who had already been keptfourdays in the port, stating that

j "the custom-house officers and C ptain Quigley"refusedtoleLMim goto

I sea. Mr. Phelan the ne;xt morning called on tlie collector at Halifax to
ascertain if an order had issued to release the vessel, and was informed

I that the order had been given, " but that the collector and captain of the

j erniser refused to obey it, for the reason that the captain of the seized
vessel hoisted tlie American flag while she was in custody of Canadian
otlicials." Mr. Phelan at once telegraphed this state of facts to the assist-

, iiiitcomuiissiouer at Ottawa, and received in reply, under date of August
12, the announcement that "collector has been instructed to release the
Grimes from customs seizure. This department has nothing to do with
other charges." On the same day a dispatch from the commissioner of

; customs at Ottawa was sent to the collector of customs at Halifax ro-

I tiling the order to release the Grimes, and saying *' this [the customs]
'Iqiartinent has nothing to do with other charges. It is department

I ot marine."
The facts as to the flag were as follows :
On October 11, the Marion Grimes, being then under arrest by order

jof local oflicials for not immediately reporting at the custom-house,

jlioisted the American Sag. Captain Quigley, who, representing, as ap-
peared, not the revenue, but the marine department of the Canadian

jadiiiinistration, was, with his "cruiser," keeping guard over the ves-
il, ordered the flag to bo hauled down. This order was obeyed; but

pbont an hour afterwards the.flag was again hoistedjWhereupon Captain

438

RIGHTS OF AMERICAN FISHERMEN.

Quiglcy boarded tlic vessel with iiii urmetl crow and lowered thoflaj
himself. The vessel was liiially releasi'd under orders of the ciiHtoms
department, being couipelled to pay $8 costs in addition to tl o denosit
of $400 above specified.

The seriousness of the damage inflicted on Captain Landry andthose
interested in his venture will be understood wJion it is couHidorcd ilidt
ho had a crew of twelve men, with full supplies of bait, which liinde
teution si)oiled.

You will at once see that the grievances I have narrated fall under
two distinct heads.

The first concerns tho boarding by Captain Quigley of the Marion
Grimes on the morning of October 8tlu and compelling her to go to the
town of Shelburne, there subjecting her to a lino of $400 for visiting tlie
port without reporting, and «letainingher there arbitrarily foiirdiiv8,a
portion of which time was after a (leposit to meet tho fine had \m\
made.

This particular wrong I now i)roceed to consider with none the less
gravity, because other outrages of the same class have been perpetrated
by Captain Quigley. On August 18tli last I J.ad occasion, as you will
see by the annexed papers, to bring to tho nolice of the British minister
at this capital several instances of aggression on the part of Captain
(inigley on our fishing vessels. On October 19, 1880, 1 had also to bring
to t}ie British minister's notice tho fact that Captain Quigley had, on
September the 10th, arbitrarily aviested tho Everett Steele, a United
States fishing vesso' at tho outer port of Shelburne. To these notes I
liavo received no reply. Copies aro transmitted, witl« tho accompany
ing papers, to you in connection with tho present instruction, so that
the cases, as part of a class, can be presented by you to Her Majesty's
Government.

Were there no treaty relations whatever betweeu tho United States
and Great Britain, were tho United States fishermen without any other i
right to visit those coasts than aro possessed by the fishing craft of any
foreign country simply as such, tho arrest and bojirdiugof the (Jiinies,
as above detailed, followed by forcing her into the i)orfc of Sljclbunie, ,
there subjecting her to fine for not reporting, and detainnig her until
her bait and ice were spoiled, aro wrongs which I am sure Iler Majesty's
Governmeilt will bo prompt to redress. No Governments have been i
more earnest and resolute in insisting that vessels driven by stress of J
weather into foreign harbors should not bo subject to port exactions I
thf^n the Governments of Great Britain and tho United States, Solar
has this solicitude been carried that both Governments, from motives
of humanity, as well as of interest as leading maritime powers, have |
adopted many measures by which foreigners as well as citizens or snln
jects arriving within their territorial waters may be i)rotected from the
perils of tho sea. For this purpose not merely light-houses and light- j
ships .nre placed by us at points of danger, but an elaborate lilesavinf;
service, well equii)ped with men, boats, and appliances for relief, stndsj
our seaboard in order to render aid to vessels in distress, withoulreganl|
to their nationality. Other benevolent organizations are sanctioned I
(xovernment which bestow rewards on those who hazard their lives iiij
the protection of life and property in vessels seeking in our waterHJ
rofuge from storms. Acting in this spirit tho Government of the [Inited 1
States has been zealous, not merely in opening its ports freely, withontj
charges to vessels seeking them iu storm, but in insisting that its own!
vessels, seeking foreign ports under such circumstances, and exehi f

RKJIITS OF AMERICAN FISIIERMKN.

439

sivelv for 'ii«li slioltor, iiro not uiulor tlio law of nations subject to cus-

I tom-iiouso c'xiictions.

Incases of vcshoIh carriod into IJritiHli portN by violoiico or stress of wcfttlior [said
llr,\V«bstcriii iiiHtnictions to Mr. l'vori>tt, Jiiiio 1»8, 1842] wii inniHt that thcro hIiuII
i,> nil iiitorfcrt'iic'^ from thu liiiid with tlio ruliitioii or piM'Honal (;oiulitlou of tliom on
lioaril aei'itnlin;; (i> tlio lii\v8 of tlicir own coimtry ; that vchkciIh nntlcr hucU circuni-

UiiiHCOsHliail enjoy thoeoininon laWH of ho8i)i(ality, Hiihjcctcd to no force, (entitled to
liavn tln'ir iniiuediiito waiitH and neccHHiti(!H reliove<l, and to jiiu'.siu) thoir voyajjo with-

loiitninU'Htiilion.

Ill this case, that of the Credo, M\\ Whoaton, in the Revue Franfaise
idEtranfiirc (IX, 345), and Mr. Legard (4 Op. At. Gen., 98), both cini-

miit piiblicistH, gave opinions that a vessel carried by stress of weather
[or forced into a foreign port is not snbject to the law of such port; and

I, > \vii8 siiHtained by Mr. Bates, the umpire of tliceotnniission to whom

lit'chiiiii was referred (Hep. Com. of 185;}, 244, 245):

Tlii'iiimiicipal law of l:]n{j;land [ho lie said] ennuot auHiorizoaniagiHtrato to violate

jiiii l.nvof iiiilioiiH by iiivudiug witli an ariiiod force the veHsel of n fri«'udly nation

Itlmt liiis coimnitted no otl'olmo, and forcibly dlsHolvinfj; tho rcdationH which, by tho

iuvs (if lii» country, tlio captain is bonnd to presei-vo and <mi force on board. TIioho

|ri:;lit<, sanctioned by tho law of nationH, viz, tho right to navigate the ocean and to

Mil; slinltcr in cane of di.strosHor other nnavoidable circiimstanceH, and to retain over

ihi -hill, lier cargo, and passongerM, (li(» law of her country, nnist b(^ respected by all

[nali IMS, f(ir no in.lependent nation would Kubniit to their violation.

It is proper to state that Lord Ashburton, who conducted tho contro-
I crsy ill itH diplomatic stage on tho British side, did not deny as a gou-
imlruli^ tlio ])ropositiona of Mr. Webster. Uo merely questioned tho
iiili|ili('al)ility of tho rule to tho case of tho Creole. Nor has tho i>rin-
l('i|ile ever been doubted by either Her Rlajesty's Oovornment or tho Gov-
Imimoiit of the United States; while, in cases of vessels driven by storm
inliospitable coasts, both Governments have asserted it, sometimes
lliv cxtrciiio measures of redress, to secure indemnity for vessels sutt'er-
[iiig under such (;ircumstauces from i)ort exactions, or from injuries in-
licted from the shore.

It would bo hard to conceive of anything more in conflict with tho hu-
jniane policy of Great Britain in this respect, as well a* with tho law
jot'iuitioiKs, tlu,n was tao condu(5t of Captain (Juigley towards tho vessel
|iii(liic.sticu on tho i.^'orning of October 8th.

Ill snch coasts, at early <lawn, after a stormy night, it is not tmusual
[for boats, on errands of reliof, to visit vessels which have been strug-
fcliiij; witli storm during tho night. But in no such errand of mercy
Ivas Captain Quigley engaged. The Marion Gri mes, having found shel-
jtordiuins the night's storm, was about to <lepart on her voyage, losing
]io time while her bait was i'resh and her i<;e lasted, when she was
'wiImI by an armed crow, forced to go 7 miles out of her w.ay to the
l]wt,aiid was there uuder pressure of Captain (Juigley, against the opin-
m origiually expressed of tho collector, subjected to a line of $400 witli
pt,s,aiid detained there, as I shall notice liereafter, until her voyage
as substantially broken up. I am confident Her Majesty's Govern-
Nt will concur with nio iu tho opinion that, as a question of inter-
Jiatioual law, aside from treaty and other rights, the arrest and deten-
[wiiiindcr the circumstances of Captain Laiulry and of his vessel were
"violation of tho law of nations as well as tho law of humanity, and
lat oil this ground alone the fine and the costs should be refunded and
F parties siiflering be indemnified for their losses thereby incurred.
U is not irrelevant, on such an issue as the present, to inquire into
lie official position of Capta'n Quigley, "of tho Canadian cruiser Ter-

* ■

440

ntGllTS 01;" AMERICAN PISIIERMEN.

ror." llo was, as tlio term "Ciinadiun cruiser" used l»y hini emihlcHoji
to conchule, not an ofllcer in llor MaJi'Htj'M distinctivts service. UewMi
not the commander of tv revenue cutter, lor the head of the customBsm I
ico disavowed him. Yet ho was arresting and boarding, in defiance o(|
hvw, a vessel tliere seeking shelter, over-influencing the collpotorofthJ
])ort into the imposition of a line, hauling down with his own liami tliel
Hag of Iho United States, which was displayed over the vessel, aiidcnl
forcing arbitrarily an additional period of detention after the (IpponJ
had been made, simply because the captain of the vessel refused to obey!
him by executing an order Insulting to the flag which the vessel bortl
Jf armed cruisers are employed in seizing, harassing, and huniiliatin"!
stormbound vessels of the United States on Caimdian coasts, breakingl
up their voyages and mulcting them with fines and costs, it is iiiiporl
taut for reasons presently to be spccifled that this Government i
be advised of the fact.

From Her Majesty's Government redress is asked. And that redress,!
as 1 shall have occasion to say liereaiter, is not merely the indciniiiUci)-!
tion of the parties suffering by Captain (^uigley's actions, but his withj
drawal from the waters where the outrages 1 represent to you havetettl
committed.

1 have already said that the claims thus presented could bo abundl
antly sustained by the law of nations, aside from treaty and other ri(;hts.|
But I am not willing to rest the case on the law of nations. It is ossenl
tial that the issue between United States lishing vessels and the "miii
Terror" should be examined in all its bearings, and settled in regard nod
merely to the general law of nations, but to the particular rights of thjf
parties aggrieved.

It is a fact that the Ashing vessel Marion Grimes had as much i
under the special relations of Great Uritain and the United States td
enter the harbor of Shelburne as had the Canadiiin cruiser. Thofacg
that the Grimes was liable to penalties for the a))use of such right «
entrance does not disprove its existence. Cajitain Quigley is certainlyj
liable to penalties for his misconduct on the occasion referred to. Cap
tain Landry was not guilty of misconduct in entering and seeking tol
leave that harbor, and had abused no privilege. But whether liable oij
no for subsequent abuse of the rights, I maintain that the riglitoffn
entrance i . > that port, to obtain slielter, and whatever is incidcB^
thereto, belonged as much to the American fishing vessel as totheCS'
nadian cruiser.

The basis of this right is thus declared by an eminent jurist and statei
man, Mr. E. 11. Livingston, the first Secretary of St.ite appointed by thd
Continental Congress, in instructions issued on January 7, 1782, toDr|
Franklin, then at Paris, intrusted by the United States with theaegoj
tiation of articles of peace with Great Britain :

Tlic nrcuments on which the people of America found their claim tofisliontlii
hanks of Newfoundland arise, first, from their having once formed a partof tlioBri'J
ish Empire, in which state they always enjoyed as fully as the people of Britaij
themselves the right of lishing on those banks. They have shared in all tl)o «"'"■']
the extension of that right, and Britain could with no more justice have cxclndw
them from the enjoyment of it (even suppoeing that one nation could possess It «
the exclusion of another) while they formed a part of that Empire thau tLejconl
exclude the people of London or Bristol. Jf so, the only inquiry is, liow liavesj
lost this right 1 If we were tenants in common with Great Britain while unitwl wj
hor, we stiJl continue so, unless by our own act we have relinquished ourtitle. n*j
wo parted with iRTltual consent, we should doubtless have made partition of wj
common rights by treaty. But the oppressions of Great Britain forced u8toaseF
ation (which must bo admitted, or wo have no right to bo indcpeiuiont); mi

KIOIITS OP AMERICAN FISHERMEN.

441

111)1 ctirtaiiily bo contontlcil that tiioHo nppn'HHhm.s ubritlK")! <>iir ri^btH «>r navo
iicwouisto Uiitiiiii. f)iir rinlilM, tlicii, u^(^ not iiivalidiitml by thit» wiimration, iiioro
uirticularly iih wo Iiiivo kept iiji our <liiiiii from tbo coiiitiiciicomeiit of th« wur, iumI
Ljcned tlio itttoin|it oC Oieat Ilritiviu tn i^xoliido uh from tbo tlHlierioH, ax ono of tlio

taiiseitofonr rrtnniiiK to arrim.

As I liiiil nciaaion to sln)w in my note to the IJiitish iniiiistcr in tlio
cimooftlio Evorctt Htcole, of wliich a copy in liorotoanncxod, tJiis *'t(Mi-
iiiicv ill coiiinioii," held by citizoiis of tho United States in t lie fisheries,
tlicv wero to " continne to enjoy " niider the prcliniinary articles of 1782,
iwffi'llas under tho treaty ot'jieaee of 1783; and this right, as a right
of cntraiuH^ in those waters, was reserved to thcni, though ^vitll certain
limitations in its use, by the treaty of 1818. I might hero content myself
ffitli noticing that tho treaty of 1818, herein reciting a i)rinciple of the
law of nations as well as ratifying aright previously i)ossessed by lisher-
men of tlieUnited States, expressly recognizes the rightof these fishermen
to enter tlie "bays or harbors" of I Tor Majesty's Canadian dominions,
"for tlio purpose of shelter and of repairing damages therein," Tho
extent of other recognitions of rights in tho sai.no clanae need not here
kMli8ciis8e<l. At present it is suftlcieut to say that tho placing an armed
mmr at the mouth of a harbor in wliicli the United States llshing ves-
sels aro accustomed an < I arc entitled to seek shelter on their voyages,
siu'h cruiKcr being authorized to arrest and boanl our fishing vessels
seeking .such shelter, is an infraction not merely of tho law of nations,
bul of a Kolcnin treaty stipulation. That, so far as concerns tho lish-
eraieii so utfected, its (lonsequences are far-reaching and destructive, it
is not necessary hero to argue. Fishing vessels only carry provisions
enongli for each particular voyage. If they are detained several days
on tlioir Avay to the fishing banks tho venture is broken up. The arrest
and detention of ono or two operates upon all. They cannot as a class,
witli their limited capital and resoui'ces, .afford to run risks so ruinous.
Hence, rather than subject themselves to even tho chances of suttering
the wrongs inflicted by Cajjtain Quigley, " of tho Canadian cruiser Ter-
ror," on some of their associates, they might prefer to abandon their
just claim to the shelter consecrated to them alike by humanity, ancient
title, tlio law of nations, and by treaty, and face the gravest peril and
the wildest seas in order to reacli their fishing grounds. You will there-
fore represent to Uer Majesty's Government that tho placing Captain
Quigley in tho harbor of Shelbnrno to inflict wrongs and humiliation
on United Statfts fishermen there seeking shelter is, in connection with
otLer methods of annoyance and injury, expelling United States lisU-
erinen from waters, access to which, of great importance in the pursuit
of tbeir trade, is pledged to them by Great 13ritaiu, not merely as an
nncieut right, but as part of a system of international settlement.

It is impossible to consider such a state of things without grave anx-
iety. You can scarcely represent this too strongly to Her Majesty's
Governmeut.

It must bo remembered, in considering this system, so imperiled,
that the preliniuaries to the article of 1782, afterwards adopted as the
treaty of 17S3, were negotiated at Paris by Dr. Franklin, representing
the United States, and Mr. Eichard Oswald, representing Lord Shel-
wirue, then colonial secretary, and afterwards, when the treaty was
hnally agreed on, i)rime minister. It must be remembered, also, that
">rd Shelburue, while maintaining the rights of the colonies when as-
sailed by Great Britain, was nevertheless unwilling that their independ-
ence should be recognized prior to tlio treaty of peace, as if it woio a
concession wrung from Great Britain by the exigencies of war. His

442

RIGnTS OP AMERICAN FISHERMEN.

^vm\

position was that tliis recognition should form part of a treaty of par-
tition, by wbicli, as is stated by tho conrt in Sutton v. Sutton (l \xi%,
& M., 675), already noticed by nie, the two great sections of the Britisli
Empire agreed to separate, in tlieir articles of separation recognizing to
each other's citizens or subjects certain territorial rights. Thus the con.
tinuancc of the rights of the United States in the fisheries was rcco"
nized and guaranteed; and it was also declared that the naviffation of I
the Mississippi, whoso sources were, in the imjierfect condition of geo-
graphical knowledge of that day, supposed to bb in Britisli 'initoryj
should be free and open to British subjects and to citizens of tiio United
States. Both powers also .agreed that there should be no further pros-
ecutions or confiscations based on the war; and in this way were se i
cured the titles to property held in one country by persons rotiiainitix
loyal to the other. This was afterwards put in definite shape hj tk'
following article (Article X) of Jay's treaty :

It is agreed that BritlHli subjects who now lioid lands in the territories of tlic Uiiitd I
States, and Atuerican citizens who now hold lauds in the (louiinion of Ilis MajcBtv,
shall continue to hold them accordins^ to the nature aud tenure of their respective
estates aud titles therein, and may grant, sell, or devise the same to wlinm tliev i
jileaso in like uianuer a« if they wore natives ; and that ueither they nor their lipjri I
or assigns shall, so far as may respect the said lands and the legal rouiodies iiicideot
thereto, ho regaidod as alieus.

It was this article which the couvt in Sutton v. Sutton, above referred i
to, held to be one of the incidents of the " separation " of 3783, of jior \
petual obligation, unless rescinded by the parties, and hence not abro-
gated by the war of 1S12.

It is not, however, on the continuousness of the reciprocities, roco?
nized by the treaty of 1783, that I desire now to dwell. What I am I
auxious you should now impress upon the British Government i.s tlie |
fact that, as the fishery clause in this treaty, a clause continued in tlic
treaty of 1818, was a part of a system of reciprocal recognitions wliicli |
are interdependent, the abrogation of this clause, not by consent, biit |
by acts of violence and of insult, such as those of the Canadian cruiser
Terror, would be fraught with consequences which I am sure could not
bo contemplated by the •Governments of the United States and Great
Britain without immediate action being taken to avert them. Totiiej
extent of the system thus assailed I now direct attention.

When Lord Shelburno and Dr. Franklin negotiated the treaty of I
peace, the area on which its recognitions were to operate was limited, j
They covered, on the one hand, the fisheries ; but the map of Canada |
in those days, as studied by Lord Shelburne, gives but a very imperfect \
idea of the territory near which the fisheries lay. Halifax was the only i
port of entry on tne coast ; the New England States were there andt
other nine were provinces, but no organized governments to the west!
of them. It was on this area only, as well as on Great Britain, thattbe
recognitions and guarantees of the treaty were at first to operate, ^ft
comparatively small as this field may now seem, it was to the prescr\>
tion over it of certain reciprocal rights that the attention of thonefjo-
tiators was mainly given. And the chief of these right.s wore: (1) tlic
fisheries, a counnon enjoyment in which by both parties took notliiu?
from the property of either; aud (2) the preservation to the citizens orj
srlyects of each country of title to property in the other.

Sinc3 Lord Shclburnc's premiership this system of reciprocity and mu-
tual co:ivenien(!e has progressed under the treaties of 1842 andlSt^soj
as to give to IJer Majesty's subjects, as well as to citizens of the Unitw
States, the free use of the river Detroit or both sides of the ishmd Bois|

RIGHTS Ow AMERICAN FISHERMEN.

443

UlaiK!, and between that island and the American juid Canadian shores,
1 ail the several channels an<l passajjos between the various islands
■viii" near the junction of the river St. Clair with the lake of that name.
Bvtiie treaty of 1840 the principle of common border privileges was ex-
tended to the Pacific Ocean. The still existing commercial articles of
> treaty of 1871 further amplified those mutual benefits by embracing
m nsooftlie inland waterways of either country, and defining cnlarge<l
Dfiviioj^es of bonded transit by land and water through the United States
nr the benefit of the in4iabitant8 of the Dominion. And not only by
IreiUics lias the <levelopment of Her Majesty's American dominion, es-
eially to the westward, been aided by the United States, but the vig-
orous contemporaneous growth under the enteri)riso and energy of citi-
loiisot'tlie Northwestern States and Territories of the United States has
eii productive of almost equal advantages to the adjacent i)ossessions
bl'tlie British Crown, and the favoring legislation by Congress has cre-
liteil benefits in the way of railway facilities which under the sanction
jt State laws have been and are ireely and beneficially enjoyed by the
loliabitauts of the Dominion and their Covexmrnent.
Under this system of energetic and co-operative development the
astof the Pacific has been reached by the transcontinental lines of
ailway within the territorial limits of the respective countries, and, as
[liave stated, the United States being the pioneers in this remarkable
brofjress, have been happily .ible to anticipate and incidentally to pro-
Botctlie subsequent success of their neighbors in British America.
It will bo scarcely necessary for you to say to Lord Iddesleigh that
lie United States, in thus aiding in the promotion of the i>ro8perity,
bliii establishing the security of Her Majesty's Canadian dominions,
|laiiii.s no particular credit. It was ])roinpted, in thus opening its terri-
tory to (Canadian use, and incidentally for Canadian growth, in largo
peasurcby the consciousness that sucli good ofiices are part of a system
jf imitnal convenience and advantage growing uj) under the treaties of
Mpc and assisted by the natural forces of friendly contiguity. There-
>)re ii is tl at we witness with surprise and painful apprehension the
pnitcd States fishermen hampered in theirenjoyjnentof their undoubted

i in the fisheries.

Tlic liosi)italities of Canadian coasts and harbors, which are ours by
Inoiont rij,'bt, and which these treaties confirm, cost Canadsi nothing and
p productive of advantage to her people. Yet, in defiance of the most
oleiiin oblj<>ati()ns, in utter disregard of the facilities and assistances
anted by the United States, and in a way especially irritating, a de-
fherate ])lan of annoyances and aggressions has been instituted and
ly exhibited daring the last fishing season — apian calculated to
Irive these fishermen from shores where, without injury to others, they
|rosmite their own legitimate and usel'ul industry.
It is impossible not to see that if the unfriendly and unjust system,
f wlfidi the cases now presented are part, is sustained by Ucr Majesty's
government, serious results will almost necessarily ensue, great as is
p desire of this Government to maintain the relations of good neigh-
«rliood. Unless Tier IMajesty's (irovernment shall effectually check
Ne agffressions a general conviction on the part of the jieoplo of the
Pted States may naturally be apprehended that, as treaty stipulations
|i liL'lialf of our fishermen, based on their ancient rights, cease to be re-
acted, the maintenance of the comprehensive system of mutual com-
Nial acc(nnmodation between Canada and the United States could
lrca8onablvl)o expected.

444

RIGHTS OF AMERICAN FISHERMEN.

Ill contemplation of so unliii y and undesirable a condition of affai J
I express the earnest hope that iJerMiiJesty's Government willtakeiini
mediate measures to avert its possibility.

With no other purpose than tho i)reservation of peace and soothjul
and the promotion of international amity, I ask you to represent to tkl
statesmen charged with the administration of Her Majesty's Goveml
mentthe necessity of putting an end to the action of Cainidian oliiJaljl
in excluding American tisherinen from tho enjoyment of tlicir treatvl
rights in the harbois and waters of the marittme provinces of Britisif
North America.

The action of Captain Quigley in hauling down the flag of the ITmteJl
States from the Marion Grimes has naturally aroused iimch lesont-l
ment in this country, and has been made the subject of somewbaterj
cited popular comment; audit is wholly impossible to account fors
extraordinary and unwarranted an exhibition of hostility and {lisres|)t.
by that official. I must suppose that only his want of kDowIedgeol
what is duo to international comity and propriety and overheated zeall
as an officer of police could have permitted such action; but I am conf
fident that, upon the facts being made known by you to Her Majestv'si
Government, it will at once be disavowed, a fitting rebuke be adminis-
tered, and the possibility of a repetition of Captain Qniglcy's offenst
be prevented.

It seems hardly necessary to say that it is not until after condeninJ
tion by a prize court that the national flag of a vessel seized as a prizJ
of war is hauled down by her captor; Under the fourteenth section oi
tho twentieth chapter of the Navy Eegulations of tho United States tlifl
rule in such cases is laid down as follows:

A neutral vessel, seizcil, is to wear tho flag of her own country until fllicigmlJ
judged to bo a lawful prize by a competent court.

But, a fortiori, is this principle to apply in cases of customs seiznn
where fines only are imposed and where no belligerency whatever eii
ists. In the port of New York, and other of tho countless harbors of
the United States, are merchant vessels to-day flying the British
which from time to dme are liable to penalties for violations of customi
laws and regulations. But I have yet to learn that any oificial, assmnj
ing, directlj' or indirectly, to represent tho Government of the Unitei
States, would under sucli circumstances order down or forcibly liaij
down the British flag from a v'cssel charged with such irregularitjj
and I now assert that if such act were committed, this GovemmenJ
after being informed of it, would not wait for a comi)laiut from GreJ
Britain, but would at once promptly reprimand tho parties concerned if
such misconduct and would cause proper expression of regret to I
made.

A scrupulous regard for international respect and courtesj slionll
mark the intercourse of the officials of these two great and friend!} na
tious, and anything savoring of the contrary should bo uuhesitatiDglj
and emphatically rebuked. I cannot doubt that these views will m
ready acquiescence from those charged with the administration of tii|
Government of Great Britain.

You are at liberty to make Lord Iddesleigh acquainted with tliecoi^
tents of this letter, and, if desired, leave wth him a copy.
I am, sir, your obedient servant,

T. T. BAYARJ).|

Edward J. Phelps, Esq., &c.

•(•oi our ane'.'.or o

RIGHTS OF AMERICAN FISHERMEN.

No. 71.

Mr. Bayard to Mr. Phelps.

445

ilo.402.

Department of State,

Washington, Noveiriber 20, 1886.
Siu : Ou tlio CMi of tUo preseut month I wrote you couceniing the
Itniitnieut of tho United States fishing schooner Mariou Grimes, of
JGioiieester, Mass., on October 7, 1886, in tho outer liarbor of Shelburno,
hivii Scotia, by Captain Quigley, of the Canadian cruiser Terror.
I 1 received yesterday and now inclose a copy of the statement made
Iniider oatli by Captain Landry of th^ Marion (Iriines, and present it as
jsiipplementary and confirmatory of ray former communication on the

Isiibject.

I am, &c.,

T. F. BAYARD.

I, Alexander Landry, master of sclioouer Marion Grinios, of Gloucester, being duly
Itvti'ini, do depose ami say :

TliiiC on Monday, October 4, 188C, I sailed from Gloucester ou a iishing trip to West-

jera liiink. Ou tlio nif'ht of Tlmrsday, October 7, tho wind blowinjj almost a galo from

|tk' soiitlieast and a Ireavy sea running, wo came to anchor in the entrance of Shol-

Iknio Harbor about midnight for shelter. Wo wore thou fully 10 miles from tho

Wora-lionse at Shelburno. At 4.30 a. m. of the next day we hovo up our anchor to

poiitinuo onr voyage, tho wind having died away almost to a calm. Just as wo bad

■otourand'oron tiie bow an olTicer and boat's crow from Canadian cruiser Terror

fffiiicb laid off Sand Point some 3 miles above us) came on board and told mo wo must

tome to anchor at onco and go to tho custom-house at Shelburno and enter and clear.

htonco anchorod tho vessel and taking my boat and two of my crow started for the

pstoui-liouso. When we reached tho Terror, Captain Quigley ordered me to come ou

ward his vessel, leave my boat and men, and go with him in his boat to Shelburno.

[arrived at tho custom-house at about 8.30 a. m., and waited until 9 a. m., when Col-

Jector Attwood arrived. I then entered arul cleared my vessel and was about to pay

jhc charges and depart, when Captain Quigley entered tho ollice .and told the collector

licou;^htnot to clear my vessel as I had attempted to leave tho harbor without ro-

lortiuj,', and that tho case should bo laid before tho authorities at Ottawa. Collector

iltwood then withheld my papers until a decision should bo received from Ottawa.

Itlicu tried to iind tho American consul, calling at his ollico three times during tho

Bay, and was unable to iind him. Hut in the afternoon found a Mr. Blatchford in tho

pisiirs office, who informed mo that my vessel had been fmcd $400, and I wired my

liwiitrs accordingly. At 4 p. m. returned ^ 'tk Captain Quigley ou board tho Terror,

pil when on board he informed me that m^ ossel was fmed $400.

He then sent a boat's n ow on board my schooner, telling me to go with them, but
Btiaining my boat and t\\ •> men, and ordered me to take my schooner up to Shelburno
liloiice, Wo started and g as far as Sand Point, and camo to anchor for want of
iriud at about 10 o'clock p. , and alongside the Terror. At 3 o'clock a. m. on Satnr-
iay, October 9, accompaniet ly the Terror, we started again for Shelburno inner
larhor, arriving there about . 'clock a. m., and then tho boat's crew left us and my
pi) men came on board in my )at. I then went on shore and found the Americau
foiiBul, who informed me he could not give me any assistance. During Saturday,
lay, and Monday I awaited dispatches from my owner in regard to the ])aymeut
F tI.o liuc. Ou Monday morning, it being tho anniversary of my birthday, I hoisted
lie American flag to tho mast-bead, and immediately Captain Quigley (speaking from
luiMJeck of bis vessel) ordered mo to haul it down, which I did ; but after thinking
p' matter over, I concluded that as no regular seizure of my vessel had been made,
Fhroad arrow put upon-'my mast, but my vessel only detained until a deposit of tho
P'liad been made. Captain Quigley had acted beyond his authority, and acting on
PH conclusion I again set my flag at tho mast-head. Captain Quigley again ordered
W> to haul down the Hug, which I refused to do; tipou which he came on board uiy
F»l with eight men, and asked who gave the authority to hoist that (lag. I reidied
TOt I took tho authority myself. He then said, "Well, I'll haul it down myself,"

I SI

446

lUGHTS OF AMKRICAN FISHERMEN.

which I forbid him to do; but without heodiiijj mo ho iininodiatoly hauled down ili I
Hag, iinbeut it, uiirovo tho hallianlH, and passed the llaji; to mo. I passed itbackn
hiin, tolling him as ho had hauled it down ho better take charge of it liinisilf nl
thou ordered his mcu to haul tho vessel into tho wharf, which they did, aiidColiectotI
Attwood came on bo.ard and put a broad arrow (/I\) on tho mainmast mul placed two!
watchmen on the wharf to watch tbo vessel. On Tuesday, October 12, at 10 u m. I
Collector Attwood informed um that the vessel was released, but I must payfli(iiiiiiJ
for watching, amounting to $8, and to save further delay I did so. Oa TiicsjIsvI
evening, October 12, sailed for tho Western Bank in continuation of my voyage, l

Witness:

J. Wauiikn Wonson.

ALEXANDER X LANDKY,
mark.

Massachusetts, Essex, ss :

NovEMBKR 13, m.
Personally appeared Alexander Laudry aud mado oath to tho truth of tlieabovoj
8tat<ement boforo bo. ,

[SEAL.] AAT.ON PARSONS,

Notary PuMk.

11! -MISCELLANEOUS. SELECTIONS FROM CORUESPONi)ENCE
I'lFTIlE DEPARTMENT OF STATE WITH PARTIES INTERESTED
L\ AMERICAN FISHING VESSELS MOLESTED IN CANADIAN

WATERS.

No. 72.

Messrs, Gushing and MoKenney to Mr. Bayard,

fTelogram.]

Portland, Me., April 9. [Received April 9.]
Having several fishing vessels ready for the Banks, we desire to
ikuowif tlicy cau call at Canadian ports for men and bo protected in
isodoiug.

CUSUING & McKENNEY.

No. 73.

Mr. Bayard to Messrs. CushinQ and MoKenney.

[Tclogram.]

State Department, April 9, 188G.

The question of the right of American vessels engaged in fishing on
[tlie high seas to enter Canadian ports for the purpose of shipping crews
Imay possibly involve construction of treaty with Great Britain. 1 ex-
jpect to attain such an understanding as will relieve our fishermen from
tall doubts or risk In the exercise of the ordinary commercial privileges
lof fi'iendly ports, to which, under existing laws of both countries, I
{consider their citizens to be mutually entitled free from molestation.

T. F. BAYAliD.

No. 74.

Mr. Woodbury to Mr. Bayard.

Boston May 21, 188G. [Iteceived May 24.]

Sir: In behalf of Jesse Lewis, esq., I i jclo&e a statement by liiin aiul

jthc crew of the D. J. Adams of the damages inuring to them by tbo

jseiziiie of that schooner by the British authorities near the Gut of

jAmiiipolis, and her detention at Digby, for an alleged violation of the

44;

4-48

KIGIITS OF AMERICAN FISHERMEN.

couveutioii of 1818 betwoeu tbo United States and (lieat Btiiaiii. j[|.,
Lewis employed couu«cl at Halifax, who has informed Lim tliuttbinj'
are " two suits pending, one in rc7n, under section 2, imperial act 1819. '
for alleged violation of the treaty 1818, act of 1819, and the Cauadian
fishery acts of 1868, 1870, 1871; no proceedings taken yet for violatioa !
of customs act other than seizure and detention by customs officerat
Digby. The charge in this respect, I believe, is under sections 25 and
29, Canada customs act, chaj). 12, 1883. The other suit against captai
personallj^, and is for a penalty nnder section 4, imperial act, 1819."

The information I have from the master is that the Adams was ar- \
rested some miles from the town of Uigby and ordered into the Lans
downe oy an armed boat, she being at that time beating out of the gut I
against a head tide from an anchorage five or six miles up the basiu be '
yond Digby, and was in the i>ossession of the captors from the Lausdown
before she changed her course, and headed by their command into
Digby. No seizure was made by any custom-house officer whilst the j
master controlled the vessel, and the owner and master are in profound!
ignorance of any such proceeding, or of the grounds, except the tele-
gram which I cite above, and his counsel in Halifax has not yet been
able to be more definite. Mr. Lewis, through his friends, has furnlsbcd I
security for costs to enable him to interpose a defense in tbo admiralty
court against the libel in rem, based on the treaty of 1818. His vessel
had been lately extensively repaired, and he has no means to bond ber.
Indeed, as it is in the i)ower of the authorities there to seize her over
and over, it would be impossible to know in what amount he would
need to find security before he could get the vessel out of the bauds]
of the provincial authorities — out of their local jurisdiction.

The only cause of seizure avowed is that the master "bought bait")
somewhere along the coast and received it on the vessel. The under-
signed has not discovered any statute forbidding a master to buy bait]
or anything else in a British Canadian port, nor one that subjects a ves-
sel of the IJnited States to forfeiture for exporting bait from such ports, I
It is sui)posed the provincials assert the doctrine that trading in tbeir
ports either is a violation of the treaty of 1818 or of the act of 1819. It
cannot be that a private person can in the inferior courts of a foreign
country undertake to defend the American construction of thattrea^jj
against the suit of the Crown, who alone is imperative in its courts of j
admiralty as to matters of treaty or maritime privilege; nor can it be j
that in such inferior courts the consonance of the act of 1819, with the
principles of the treaty of 1818, or the law of nations, can be put in issue j
by the citizen of the United States defending his property; it is only j
the United States in its sovereignty that can arraign before the sover- j
eiguty of Grcit*^^ Britain the question whether the act of 1810 conflicts j
with or impairs tUe American right nnder the convention or the law of j
nations. My client would not humiliate his native land so muchastoj
ask its Executive to appear by counsel before a local inferior trihiiialj
of the other party to the convention of 1818 and submit to its decision!
any question afiecting the sovereignty of the contracts it had made witli]
Great Britain. It seems, then, to my perhaps imperfect understanding
of the principles of national law, that my client must rely upon his own
Government for defense and redress for the outrage upon his property,!
and he requests the intervention of the Executive as the only adequate!
protection he can have against the aggressive spoliations of his prop-!
erty by subordinate British ofticials. It is proper also that 1 should in- j
vit(3 your attention to the evident fact that the cause put forth is thej
alleged shortcoming of the United States in not living up toitsconj

BIGHTS OF AMERICAN FISHERMEN.

449

Lotion, but that the incident is the exercise over the persons and prop-
Lyof itrivate citizens of the United States of an absohite control to
Mit the one ami punish tlie other without the consent of the United
Btatcs, and without even this country having agreed to the interpreta-
tons shadowed or expressed by the imperial act of 1819.
I have, &c.,

CHAS. LEVI WOODBUEY,

Counsel for Jesse Lewis, at Boston.

[Inolosure No. 1 with Mr. Woodbnry 'a letter of May 21, 1880. 1
JDepoaition of crew of the David J. Adams.
In re sclioouor David J. Adams, of Gloucester.

.6, the undersigned, on oath declare and say that we were members of the crew
iftlie fishing scboouer David J. Adams, belonging to Mr. Jesse Lewis, of Gloucester,

sex County, Massachusotts, when she was seized at Digby, N. S., May 7, 1886, by
,3 Canadian Government ; that we had on board said scliooner David J. Adams at ■
Je time of said seizure as follows :

Jponndsof cod, at'icents JlOO 00

0 pounds of halibut, at 10 cents 50 00

lli barrels bait 12 50

ItoDsice : 20 00

Total.... 182 50

16 value of $182.50 ; that one-half of the same belonged to us, of the value of
J91,25, That we have lost by reason of said seizure, one additional trip, making two

)st to each of us, of the value of $25 each trip, or $50 for the two trips.
I Witness our hands at Gloucester, May 18, 1886.

Aldon Kinney, Master. Joseph Boucher.

Isaiah Roberts. John Brown.

James Swanesburg. Frank Arnesen.

PjLroy Prior. Joseph Hanley.

John Beaton. Fred Fischer.

Bath Makn. Samuel Hooper.

E. D. Simmons. Calvin Cook.

pTK OF Massachusetts, County op Essex,

Office of the Police Court of Gloucester, Mass. :
n, Samiior D. York, clerk of the police court of Gloucester, the same being a court
It record, iu the county of Essex, State of Massachusetts, having a seal, do certify
lat William W. French, esq., was at the date of the certificate of the annexed in-
Iniment in writing a justice of the peace iu and for said county duly authorized ;
pat I am well acquainted with the handwriting of such oUicor, and verily believe
pt the signature to said certificate is genuine ; and that the annexed instrument is
pcuted according to the laws of this State.

[In testimony whereof I have hereunto set my hand and affixed the seal of said court
lis 18th day of May, A. D. 1886.

[L. 8.] SUMNER D. YORK,

Clerk.

>)MMOirWEALTH OF MASSACHUSETTS,

Essex, ss :

Gloucester, May 18, 1886.
[Personally appeared the said Aldon Kinney, Isaiah Roberts, James Swanesburg,
poy Prior, Jolui Beaton, E. D. Simmons, Joseph Boucher, John Brown, Frank Ar-
Nn, Joseph Hanley, Fred Fischer, Samuel Hooper, and on oath declared the fore-
f ing statement by them subscribed to be true.
I Before me.

WILLIAM W. FRENCH,
8. iJx. 113 oo Justioe of the Peace

450

RIGHTS OF AMERICAN FISHERMEN.

[Inclusnre No. 2 with Mr. Woodbury's letter of May 21, 1886.]
Affidavit of Capt. Jesse Lewis, of the David J, Adams,

I, JetiBe LowiH, of Gloucester, Essex County, and State of MaHHacliiinnttg, (Wli
and say tluit I am the solo owner of the fishing schooner David J. Adams seized
the Canadian Govorninimt May 7, 188(i, at Digby, N. S. ; that the said n'chooner
worth $5,000; that the provisions on board at the time of seizuro were worth S'm'I
that there was on board 40 tons ballast, worth S80; that the ice-houso platform ai
gurry pens on board were worth $150 ; that the :ir> hogsheads of salt ou board m
worth $00 ; that the stores and furniture for same on board were worth$l25- tlmtil
boxes and fishing knives and forks were worth $25; that the side lauternsbiunatl
lights, and signal torches wore worth $50 ; that 2 water-casks, 5 barrels, and 15 Sv
barrels were worth $25 ; that one dory and oars were worth 1*15 ; that the fishinc-goi
6 dozen lines, leads, snoods, and gear wore worth $75; that the nuulicino-ehest w;
■worth $80 ; that all the above-named poods wore on board the Adams at the time
seizure aforesatd ; that by reason of saul seizure I have lost the profits of said vdva
of the value of $650 ; that I claim as loss, interest from the date of the seizure Jlii
7, 1886, on the vessel and outfits, and intcicst on the loss of the voyage from June
1B86; that I have paid J. H. Murray, United States consul, on account of thocrewi,
said Adams, $302.96; that the estimated exi)eiises of the admiralty court are fJliii
that mytravoling expenses (advice and scrviceii incurred) are$120; tlio probable lei
services to be pai<l for are estimated at $1,000.

I was born in Kittery, Mo., and have lived in Gloucester, Mass., forty years; thi
there was on board 1 compass, worth $40.

JESSE LEWIS,

Commonwealth of Massachusetts,

Essex, 88 :

Gloucesteu, May 18, m.
Personally appeared the above-named Jesse Lewis, and on oath declared the aborj
statement by him subsribed to be true.
Before me.

WILLIAM W. FRENCH,
. Justice of the hm. j

[Inolosure No. 3 with Mr. "Woodbury's letter of May 21, 1886.]
Depositions sltoioing nationality of the crew of the David J, Adams.

Gloucester, May 18, 1886. |

I declare aud say that I am a native of Gloucester, Mass.

ALDON KIWiEY.I

I declare and say that I am u citizen of the United States; that I have Medf
said country for the past twenty years.

ISAIAH ROBERTS, j

I declare aud say that I am a native of No via Scotia, and have been Ming fral
American ports for two years. |

JAMES SWANESBURO.I

I declare and say that I am a native of Brome, Me.

I declare and say that I am a native of Bath, Me.

I declare and say that I am a native of Breme, Me.

I declare aad say that I am a native of Booth Bay, Me. „„ ,

JOSEPH BOUCnERj

I declare that I am a native of St. George, N. B. ; that I have tislicd from Ameij
can ports during the past eight years. ^ j

ELEOY PEIOR.|
JOHN BEATON,
E. D. SIMMONS.

RIGHTS OP AMERICAN FISHERMEN.

451

Idcclaro that I iiui a native of Norway, and have flHhed from American ports for
(hfl last seven or eiglit years.
tbeuwiKo b FRANK ARNESEN.

I declare and say that I am a native of St. George, N. B.; that I hs.ve fished from
American ports for the last seven years. ^^^^^^ ^^^^^^

I say that I am a native of Germany ; that I have fished from American ports for

the last live years.

"" ^ FRED FISCHER.

Ideclaro that I am a native of St. George, N. B. ; that I have fished from American
iwrts iov the last seven years.
^ SAMUEL HOOPER.

\ Commonwealth of Massachusetts,

Eaaex, 88 :

Gloucester, May 18, 1886.

Severally subscribed and sworn to before me.

WILLIAM W. FRENCH,

Justice of the Peace.

I declare and say that I was horn in Maine, and am a citizen of the United States.

CALVIN COOK.

No. 75.
Mr. Woodbury to Mr. Bayard.

Boston, May 22, 1886. [Eeceived May 24.]

Sik: In the matter of Mr. Lewis's statement of damages incurred by
I tlie seizure of the D. J. Adams, 1 yesterday transmitted some papers
sent me from Gloucester, perhaps without as mature consideration as
tliey should have received. Mr. Lewis's claim to the fish caught, as I
take the law to be, is that of owner, but the law makes his ownership
a trust to divide among the sharesmen their share of the net proceeds
I of the fish when received by him.

The master and crew appear, claiming their loss by the breaking up
jof the trip. This is their own adventure, and I must not be considered
las their counsel in this matter, nor as in any way sanctioning their
htatement as to their citizenship, residence, &c. I have to-day froqi
[Gloucester the official fact that the custom-house at Digby have seized
Innder the sections referred to in the telegram quoted in my last, to-
jgether with a reference to sections which make this seizure for a $400-
[penalty a lien on the vessel.

I learn Mr. Meagher, the counsel of Mr. Lewis at Halifax, is in town,
land hope to see him within a day or two for consultation, and will ad-
rise the Department of our views as to that; meanwhile we are hardly
jripe for any step of reclamation.

I beg you to believe that Mr. Lewis and myself wish to conform in
^our action to the wishes and policy of the Department, and to rely on
[its generous efforts to protect his property.
I am, &c.,

OHAS. LEVI WOODBURY,
Counsel at Boston for Mr. Lewis.

452

BIGHTS OF AMERICAN FISHERMEN.

No. 76.

Mr. Steele to Mr. Bayard.

Gloucester, May 22, 1886. [Received May 24.1
Sir : Learning by tolegrapbic news that your conHicloration of tbel
provincial seizures has been somewhat delayed by the want of docuj
mentary evidence, I inclose aflfidavits this niorninft- received from East-
port relative to the schooner Jennie and Julia of that port. Tfcfyl
were sent me by a reputable merchant. 1 am in no way interested iQl
the vessel, nor do I know who are her owners. If there is any service!
which the members of the American Fishery Union or its officers caul
render that would be of use in your efforts to obtain redress froml
Canadian annoyances, they will very cheerfully be at your service.
I am, &c.,

GEO. STEELE,
President of the American FxHhcry Union.

[TucloBtire No. 1.]
Statement of Capt, William R. Farris, master of schooner Jennie and Julia, o/EaitpwLt

I, William H. Farris, master of the scboonor Jennie and Julia, a vfssel of the Unite
States hailing from Eastport, Mo., cleared from Eastport on 17th inst.. takingonti
' register, crow HhI d all papers required for a foreign voyage. I left Eustporti
about 4 o'clock, p. .., arriving at Dighy, Nova Scotia, at about 10 o'clock of the fore
noon of the 18th inst., dropping anchor in Digby Harbor. I immodiatoly wentii
iMirt reported to United States Consular Agent Stewart, and delivered all my papersld
bim. After looking over the papers Mr. Stewart informed me that ho did not think m
could do anything for me, except if my vessel was seized or cast away, be could senij
myself and crew home. He further said that he did not know whether he «asrea|v
pointed under this new administration or not.

1 then took my papers from the consul and went to the custom-bouse and foM^
tlio door locked. Turning from the door I met the collector, Veits, and his son com
ing to the ofiice. He asked if I was Captain Farris. I answered that I was.
said, "What are you here for — bait !" I answered, " I am here for fresh herring," HI
said, "Yon can't have any." I then asked him to look at my papers He examiner
tliem and asked what I had this kind of a register for. I answered, ''After statiigu
the collector at Eastport what I wanted to do, he gave me these papers as the proiK
ones." The collector, Mr. Veits, then said, "You can't buy fresh herring here foraiii
l)urpo80." J

I said to him that I had two smoke-houses at home empty, and I would like total

fresh herring to till them up. He answered, "You cannot buy herring for any pari

•jioso." I

I then said to him, " If I can't buy herring I will take my papers and go home' j
and the collector said, " No ; wait till afternoon and then I will let you know."

At about 3 o'clock I went to the oustoni-house again, when the collector told i
that ho had telegraphed to b<'.idqMartor8, but had received no answer.

About 7 o'clock p. m. the collector informed me that ho could allow me to eDt(
my vessel but could not give a clearance. I then said to him, "If I buy onebirr
of fresh herring I am liable to seizure " and the collector answered, " Yes."

I then went on board my vessel and started for home.

W. H. FARRIS,
Master Schoomr Jennie and Mi*']

Subscribed and sworn to this 2d day of May, 1886.
Before me.

[L. 8.]

GEOEGE H. HAYES,
]S^otary ?«"«■

RIGHTS OF AMERICAN FISHERMEN.

453

[Tnoloiiire No. 2.]

Statevient of Arthur Fani*, vtate to the schooner Jennie and Julia,

The Jeiiii'*' ^^'^ Julia sailml from KuKtport, Muy 17, for Digby, N. 8., arriving tlioro
i alHint 10 o'clocli of the inoniing of tho IHtli. Inmiediutoly after dropping anclior,
i iliecaiitaiii wont ou Hlioro. About half an hour after a steam tug came alougHiUe,
i ami a niaii on board, whom I afterwards learned wtt« tho collector of the port of

Diebv, took out a noto-l)0ok and wrote something iu it; then threw a lino aboard,
I to wliich I paid no attention. He then asked, "What are yon doing beret" I answemrt,

•Wenre here to buy herring." lie then asked me, if I did notknow we were violating
1 ihelaw. 1 answered, "No, I think not." He tuan asked me if I did not know we were
'liiible to seizure. I then told him that we were under rejrister, and had cleared for
1 Dijjby, to return to Eastport when we left Digby. Ho then asked if I was captain. I

told liim no, the captain had gone ashore to the custom-house. He tlien asked me

nbt we were doing with tishing-gcur on deck. I told him to ask the captain and be
I noild toll him. The collector then said, " I warn you not to buy herring,"

ARTHUR M. FARRIS.

Subscribed and sworn to before me this 20th day of May, 1886.
[L 8.] GEORGE H. HAYES,

♦ ■ Notary Publio.

I, George S. Farris, state that I amoneof the crew of the schooner Jennie and Julia,
I andwtt9 present during the conversation between the collector of the port of Digby
hml the mate of the Jennie and Julia, and state that the foregoing atUdavit of the
I mat* is correct.

GEORGE S. FARRIS.

Subscribed and sworn to before me this 20th day of May, 1886.

[1.8.] GEORGE H. HAYES,

Notary Publio.

No. 77.

Mr. Bayard to Mr. Steele,

Department of State,
Washington, May 26, 1886.

SiE: Tour letter of the 22d instant has been received, and the affl-
jdavitssent in the matter of the application of the Jennie and Julia, of
jEastport, Me., to purchase fresh herring at Digby, Nova Scotia, will bo
Iplaced on file and duly considered in connection with the questions in-

Ivolved.

Tbis Department will be at all times most willing to receive reports
jfroni citizens of the United States respecting any unusual treatment
jtliey may euct unter abroad, and duly to investigate and endeavor to
[remedy any alleged diminution of their lawful rights.
I am, sir, &c.,

T. F. BAYARD.

George Steele, Esq.,

President of the American Fishing Union,

Qiloucester, Mass.

'ir>4

RIGHTS OF AMERICAN FISHERMEN.

No. 78.

Mr. William H. Jordan to Mr. Bayard.

Glouoksteb, Mahh., June 4, 1886. [Receivod June 7.]
Sir: We see by recent dispatchea from Hiilifax that the Canadian
Government propose seizing Hchooner James A. Garflokl whenever tiny
have an opportunity, for having purchased bait and ice within their
jurisdiction as they aUege. The captain of the Garflehl denies their
charge of pnrcliasing bait andjco, but that will make no difterence about
the Hiiizure of the vessel, and if seized will be condemned whether guilty
or not, judging from our past experience, as we had a vessel seized soine
years since (schooner A. I. Franklin) and condemned for alleged viola-
tion of their laws, and we had absolute knoivlcdge that their charge was
not correct in whole or in part. What we want to know is this: (Jan we
be sustained by our Government in resisting capture to the hest of oar
ability, where we are sure we have not violated their laws, and so in-
struct our captains !

We have another case, occurring about four weeks ago. The captain
of schooner Annie H. Jordan wished to purchase bait at St. Atidrews,
New Brunswick. He had a permit to touch and trade, but being afraid
of trouble he anchored the vessel outside the three-mile limit and went
ashore in a dory to enter vessel at custom-house. The collector refused
to allow him to enter his vessel, and ordered, him to leave forthwith,
saying they would have nothing to do with his vessel.
Yours, respectfully,

WM. H. JORDAN,
Secretary American Fishing Union

[Firm o/Eowe & Jorilan).

BACHUSKTTS,

No. 79.

Mr. Steele to Mr. Bayard.

Gloucester, Mass., June 5, 1880. [Received June 7.]
Sib: I inclose the master of the schooner Alice M. Jordan's affidavit
for your consideration.
Yours, truly, &c.,

GEO. STEELE,
President American Fishery Union.

lurrendered Jiin<

[Inclosare No. 1.]

United States of America.

IHatriot of Maaaachuaetta :

I, Alexander Hains, of Gloucester, State of Massachnsetts, on my oath do say that
I waH master of the schooner Annie M. Jordan, enrolled and licensed at Glonces-
tor, Mass, when she sailed on a fishing voyage for cod and halibut on the 26tb (I»y
of April, A. D. 1886, and further say that before I sailed I applied at the castooi-
house for and received a permit to touch and trade at foreign ports duiiug my said
voyage. . l

I further say that on the 4th day of May, 1886, I arrived and anchored at St. An-
drews, New Brunswick, in the Dominion of Canada, and went ashore to the custom-

RIGHTS OF AMERICAN FISIIERMEir.

455

„ii«i at thivt port, whoro I roporloil my nrriviil; itpplind to tlio coHuctiir, or p<^rNon
l(iiri*iiti»jj tlmi'.olloctor, to tmt«r my vohmoI for piir[Mmi)H of pnrclinHin<r and nzporl-

Said iwrwm ri^fiim«l to rucoivo my juipcrH and admit mo to an «^ntry, saying my i)a-
lert trerp of no iirconnt. I aHltnd wliy, aiitl Htatud I had a poiuit to tourb and trad«
LntlielJiiiteil Htiitt'H iintlioritioH at 01on(!eHt<ir.

Itttxi rttpli'd to mo by Haid t^uHtoin-houMo «)tll()or that it niado no ditFerence; uiy
lt«4'l liiid no liiisiiiuBs in th<!Ho waterH, and that hIio wonld bo w^izitd by the Canadian
uthiirlticfl if hIu) w»h hero wiiou tlio unttor camo into port, lioini^ tliUH refubod an
Itrv, I rt>turui'd to n\y v«'8H«l and hift tho port.

1 lirriviMl ia Oloucotttor, MaHH., May 2a, 18H0. I further nay that damagn to my voy-
aiidloiw hiiN accrued to tho ownoni of Buid vohhoI, Kowo &. .Jorthm, of GloneoH-
fr, from tiu! rel'iiMal to admic her to an entry, nixl I furtlior Bay tiiut I ancdiored in
L| jKirf mill ri-nortod in j{ood faith for purpoHO of trade, under tlio iielief that tho
f««ot'(>reftt Britain >{avo to vimHois of the United StatcH all the privilejije of trade
BddiMirt from British North Aunnica which BritiHh vohhoIh enjoyed.
^ Af.EXANtJEU IIAINS,

Master of Schooner Annie M. Jordan.

IgACHUBRTTS, ElStX, M »

June 5, 1886.
I rNiiiitlly appeared Alexander Hains, and made oath to the trnth of tho above

titi'iiifnt.

I Bf tore me.

[[SEAL.] AARON PARSONS,

Notary Public.

flnoloBnre Ko. 2.]

Permit or license to touch and trade.

Un.'ted States of America, District op Gloticesteu,

Port of Glouoeater, April «(>, 1886.
remiiMion is hereby granted to A. Hains, master of the Bchoqner named the Annie
[Jonlftn, of Oloncestor, burden iHj^d^ tons, which 8choon«ir was liceuHed for carry-
ton tho fishery byD. 8. Presaon, collector of tho district of Gloucester, in the State
[Masnachusetts, on the 4th day of January, 1886, to touch and trade at any foreign
tor place during her voyage presently to be made.
Given under my hand and seal the day and year above mentioned.

D. S. PRESSON,
Collector, Naval Officer.
lorrendcred Juno 1, 1886.

No. 80.

Mr. Steele to Mr. Bayard..

Gloucester, Mass., June 5, 188G. [Received June 7.]
8iB: I take the liberty to write to you in regard to the present re-
N of American fisheries with England and her provinces.
Mfst desire to call attention to the reciprocity treaty of 1854, during
m the Government paid fisherman a bounty of $4 per ton, which
|8 an assistance to us, and helped in part offset the remittance of
jties on foreisu fish during that period.

Spring the treaty of Washington, which expired jy limitation, we
Uip^^ ^^ l^ounty from our Government, that having been abolished
Mw, and we felt the effect of the second reciprocity treaty more
fii the one covering the years 1854 to 1866 inclusive.

466

RIGHTS OF AMERICAN FISHERMEN.

We liiive no occasion t<> ref^Tet the action of the Govcvninciitiiiallnff.j
in},' the treaty of Washington to oxiiire l)y limitation, and we arc alsol
pleased at the action of the House of liepresentatives in K''iiiitiii"tiie|
President the power to deny to foreign nations the same coniiiierciall
rights denied us in their i)ort8, I

If it is the i)leasui'e of the President to use that power, I think jJ
would meet the approval of every person interestiul in the (isliinjr inujl
ness, both the property owner and the individual hshoniiiiii,hiitil'tliiiil
power to i)ass retaliatory measures the President docs not sec littjl
use, we earnestly beg that the settlement of so important a iiiattcrwjll
not be left with ministers or commissioners to arbitiate on our existing
fishery rights or make new treaty definitions, because we have mM
that diploma<;y is untrained in commercial atfairs. and inciip;<b]enfai).I
preciiating the business and commercial effects following (contracts conf
cerning them, and we know that long or permanent contracts on suchl
sub, ;cts area mere gambling with interests wliere consequences
rarely be foreseen at the time they are made.

We have an invincible dread that in such negotiations in tliie futiirel
as in the past our interests would be .sacrificed to (janadian interest*,

We think the jjowers Congress has delegated to the P'.eside'it m^
enough for the protection of our rigiit to trade with Canadian ports ij
he use them with his usual firmness and sense of justice. ISlioiild i
be reluctant to do this, still we do not desire to obtain inivileiies ofl
trade by another treat3\ We prefer to accept the presc-it sitnatioii]
even if more seizures and more exclusicm from Canadiii'i portsarepraci
liced on our vessels touching there for trado. We had better \m
twenty vessels or even fifty, than that we should enter into anotiipij
such treaty with England.

We know full well that Canada would use any and all means, iioinat^
tti how barbarous, to drive our Government into a reciprocity treat,'^
again, and we think this is the object of her jireseut condiu't.

We thank you for furnishing counsel to look aft-er the individual in j
terests at the trial of these cases in the acbniralty court at llalitiiJ
as no individual ought to be compelled to bear the burden of cases oj
this nature in foreign courts.

I desire to bring to your attention that the mackerel Hectof tlielnil
ted States will sail from about the 15th of June to July 1, fortliocast|
ward ; a few have already gone.

The Canadians have a fleet of criiisers as they say to guard tlieiriluw
mile limit from tho intrusion of our craft, but as we think toineyoij
our vessels without regard to the distance of three miles from the shores
Owners here instruct their masters to keep out of the tlircemilclimii
in good faith. It is American property that js at risk and tlio Auiericiij
right on the high seas, outside of the three-mile question, that is to I
giuirded from encroachment.

The "men-of-war" of the United States should be at hiiad toproj
tect our flag, our citizens and their jiroperty.

Whfit are the spoils derived from the confiscation anddividing of tin
prey of half a dozen bait-buying smacdis entering their jioits, coriiparei
to the chances-' "»€ capture among three to five hundred sail of iniickej
clmen who may iawfully fish within a fathom outside of tlie threeuiij
limit, and on whom Canadian law devolves the burden of i)root', tbaj
where they lay was nu)re than three miles '? Wiiilst by the saaie laj
the seizure ih primary proof that the prize was within the threemif
limit. If a hundred sail were iu sight at the seizure, what means h^
the arrested master to ascertaiu their names to obtaiu their testimofll

RIGHTS OF AMERICAN FISHERMEN.

457

'•II iiini/.o court ? We iU<M5onte?-t to live by the tlireo-inile limit Uon-
Lih (Oimtnu'd ; 1)ut the (iovornnicint should protect us in our hiwful
I ill,; „f it, and secure to us an lionest construction of t!ie treaty clause.
This extract from a letter in the Boston Herald of June 4, 188(i, writ-
Hen from Cape Breton, shows the aninuis of the provincials •

Tlireo Aiiioriran mackerel st^iners piwuod t.hroiij;li tbe straits this inoniiiiK boiuid for
SoiiliHiiv. Tlujy will be clowely watched by the HowlottaudciiHtoins otlicers. The
limiiiv oil a Heiziiro wDuld amount to at leait $"^,000, and every person in authority

iilii'cdiisl liiH awake ui<;lits thinking ho.v ho can make an arrest, of .somt! inilnc.ky
lymki'i' lislit'niiaii. IfiiiitHcient ground is given there i.i not aituiil)ti lull- what Hcizuri's
Ittillhi iiiiult', iwtlii' bojiiity is a. very snltHtanlial i^(!e^tiv(^ outside of the credit lo bo
Irainil ilierefroin. YankeeH will do w^ll to be cautious and avoid " the apiicaraMco

Ifiuluty ofl cent per i)ound could be put upon fresh and salt fish
iuCaiiadiaiis would stop their overt acts and be brought to a realizing

Isfiise of the commercial rights of nations, quicker than any other way.
[he tact is Canada has uothing whatever that she can compensate us

[with, for Uie privilege of the markets of the United States free for her

fcsh.

( aiuula is lighting from business mot) . j8 and nothing inore, and if
L|m succeeds ill bully' jg Jie United States into any agreement by
jwliidi slib can bring in her tish free, said lisU untaxed and bounty fed
Iwitli tisliing gi(»inids in close proximity, while we are heavily taxed, it
[w mid not take more than ten or twelve years to wij>e out the Atlantic
|li>;i('ries.

As well to allow English men-of-war to enter our ports and destroy
jdiir vessels and other property, as for us to see the humiliating spectacle
pfoiirtisbing industry passing under the control of the English Hag,
ilii'oii};li Hie default of our Government, an industry that all other Gov-
jeriiiiiciits all'ord ample protection.

.My own personal experience as owner of twelve fishing vessels ; au
jes|ii'rieiice in this business, on this coast, in the Gulf of St. Lawrence,
fill the Newfoundland coast, and on the Grand and Western Banks,
iliKvtIy and indirectly since .the year 1848, proves to me conclusively
pat in what I have here writtei. I voi(!e the sentiments of every man
itlie iishing business, whether owner or tishermau.
1 aai, respected sir, yours, very respectfully,

GEO. STEELE.

No. 81.

Mr. Bayard to Mr. Steele.

Department of State,

Waahbujton, June 7, 188G.
Sir: I have to-day received your letter dated the 5th instant, ac-
panied by theaflidavit of the master of the fishing siihooner Alice
J.'ioidaii, of Gloucester Mass., alleging tlie refusal by the collector of
[tnstimisat the port of St. Andrews, New Brunswick, to idlow the entry
t said vessel, duly documented us a fishing vessel, with permission to
pi'h iuid trade at any foreign port or place during her voyst^e, theob-
pt of such entry, as stated by the master of the schooner, being the
^iirohase of certain merchandise.

Althon<{h not disclosed by the affidavits, I suppose the raerchaudise
PB questiou was fresh fish for use as bait in deep-sea fishing.

458

HIGIITS OP AMERICAN FISHERMEN.

J bavo miulc instant representation, acscompanied by earnest protest
to tbe IJritisb minister at tbis ('ai)ital, of this unlawful withiioldincof
commercial riglits from au American vessel and her owners, and of the
loss and damage thereby sustained, for which, as I have iuformediiiin
the Government of Great llritain will be held responsible. '

1 have, &c.,

T. F. BAYARD.
George Steele, Esq., Gloucester^ Mass.

No. 82.

Mr. Bayard to Mr. Steele.

Department of State,
WasMngton, June 8, 1886.
Sir : I have received your letter of June 5, giving at length yonr
views upon the present "relation of American fisheries with England
and her urovinces."

Y*^ur discu.-olon of tlie situation is comprehensive, and will receive dne
consideration.

The chief remedy yon propose— tiio levy of a tariff duty of 1 cent per
pound upon fresh and salt fish — is, of course, solely for the ",ousidera-
tion of Congress.

The object and earnest endeavor of the Executive will be to secure
American citizens the full enjoyment of all the rights under treaties an('.
law without molestation, and no c^'^^fj to that end hns boea or will be;
lacking on the part of those chaiged with the adininistratiou of the |
laws.

I am, &c.,

T. F. BAYAUl).
George Steele, Esq.. (iloucester, Mass.

No. 83.
Mr, Bayard to Mr. Jordan.

DiflPAnTMENT OF STATE,
Washington, June 8, 188(1,

Sir: Your letter of the 4th iii'-^ant was received yesterday, and ttiiitj
portion of it which relates to tiie refusal of the collector of tlio inn
St. Andrews, New Brunswick, to sell bait to the captain of the Aumt
H, Jordan has alreatly been made the subjecit of a letter from this Oe ,
partment to George Steele, esq., president of the American Fisliiij j
Union, of whicli you sign yourself the secretary.

It is impossible to meet ail the rumors of proposed unl'iidiHlly mt"'"]
by the Gauatli.'in authorities towards the fishing vessels of the Unitedj
States. Each case will be properly treated as it k ctually o<;cur8.

But it is \ery clear that as the United States expect aud require ini-
plicit obedience to their own laws within their jurisdiotlon, and Hevonij]
ireufeheud mid yuui^k iuiuible resistance by individuals to their exioii

RIGHTS OV AMEUICAN FISHERMEN.

459

toll ill lik«^ manner they expect their citizens and counsel them,Jwhen
kliiii loicis" jurisdiction, to obey strictly the laws and rcgulati^xw".
iiiTP in force, and to abstain from any resort to force as a x-emedy ibt
Bpnosed injustice or irregularity.

It is the purpose and intention of those charged with th6 execution

til' law of the United States to see that law-abiding American citi-

leus are secure in the enjoyment of their rights everywhere on land and

Laud when such rights are iuxaded under public authority to obtain

fedivss.

I am, &c.,

T. F. BAYARD.

hviLLiAM 11. .Jordan, Esq.,

Secretary of the American .Fishery Union, Qlon<!€ster, Mans.

No. 84.

Capt, Jesse Lewis to Mr. Bayard.

GluITCESTER, June 26, 1886. [Received June 28.]
(Dear Sir: I write fcr information a^^ regards the seizure of my ves-
Jl, the schooner David J. Adams, by Canadians. What I want to
low is what is to be done, whether my vessel is condemned as my loss,
]if there is any way that we could demand a trial to see just what the
naetiueuces will be, or why I cannot bond my vessel as I want here
luse. I am a poor man, and that vessel is my only 8uj)i)qrt. Non, I
Bnkitis injustice to mo as matters now stand. IMiMWO answer this
per soon, aa I want something done about %
Vours, very resmutiluUi',

JESSE LEWIS.

Mr. Bayard to Capt. Jesse Lewis.

Departmen'"' of State,
\}'ashington, June 30, 1SS6.
liB: I have ypur letter dated the 26th instant, stating the severe loss
p oct^asioned by the summary seizure by the Canadian authorities,
liiinapnlis Basin, Nova Scotia, of your fishing schooner, the David
Warns, which, as you say, is all the property you possess, and con-
lutes your "only support."

ItismojM'V lliat I should inform you that the demand was made upon
Vlin(>»iii\u'nt of Great Britain for the release of the vessel, coupled
|iiim>tiili>aliou that that Goveniuumt would be held answerable for
Ptmaud damage caused by her seizure and detention.
four case coinniunda my sincere sympathy, and ever since it was
^iglit to my knowledge has had the constant consideration of this
piivtment and of the consular officers of the United States in the
niiiiou of (Jauada.

460

RIGHTS OF AMERICAN FISHERMEN.

s

Mr. William L. Pntnam, of PorMaiul, Mo., in coiijuiiction witli ',lrl
treorjje W. Biddle, of Plnladclpliia, has been engaged by this Goven
meat as its counsel in respect of its rights and duties which may
brought in question by reason of tlie seizure of your vessel.

If you will coniTnunicate with Mr. Putnam ho will no doubt Kivevoni
all information in his power in relation to the laws under which jonrf
nropi'rty was so seized, and suggest what steps should be taken fo pro. j
tect your private interest in the premises.

Moreover, I suggest that you should carefully secure evidence of all
the facts connected with the presence of your ve.tscl in Annapolis Ba
and of the absence of any unlawful act or intent on the part of liernia
ter, crew, or owner, as well as proof of the actual loss and injury
stained by you by reason of this harsh, and, as I believe, wholly uni
ranted action by the Canadian officials; such evidence to be obtaiuei
and preserved as the basis of claims for year remuneration.

More than one year ago I sought to protect our citizens engaged i
fishing from the results which might attend any possible misunderstand^
ing between the Governments of Great Britain and the United States
as to the measure of their mutual rights and privileges in the territo-
rial waters of British North America, after the termination of the fisii^
ery articles of the treaty of Washington in June last.

It seemeid to me then and seems to me now very hard that differeuo
of opinion ^tetweon the two Governments should cause loss to the hoiiesi
cit zenri \\ hose line of obiMlience might be thus rendered vague and iineerl
taui, and their property bo brought into jeopardy. j

intluenced by this feeling, I procured a temporary arrangement whicq
secured our fishermen full enjoyment of all the (Canadian fisheries, I
Iroiu molestatiou during a period which would permit discnssiou of j
uhI international settlement of the whole fishery question. But i
(;ounsel8 prevailed, andmyeftbrts further to protect the fishermen froij
such trouble as you now sufter were unavailing.

To secure for themful' protection in the enjoyment of all their jus|
rights aud privileges is still my earnest intent and object, and for all
losses to which thoy may be unlawfully subjected at the hands of tiij
authorities of ^oreign Governments I shall seek aud expect to obtain full
redress. I

I I'ogret exceedingly the disturbance in their long-customary pursuiti
and the serious loss and inconvenience attendant upon a disputed coa
struction of laws and treaties by two separate Governments ; and I triia
that I shall soon bo enabled to secure such a clear and comprehepsir
declaration of agreement between those charged with the admiuistn
tion of the two Governments as will define the line of their rights a»
secure from molestatiou those American fishermen who, obeying tli
injunctions of their Government respecting subordination to the !a«
of foreign Governments, keep within the laws of their own country.

lleparation for all losses, unlawfully caused by foreign authority, i
be made the subject of international pr'iscntation and demand.
I am, &c.,

T. F. BAYARD, j

Capt. Jessb Lewis,

Owner of the ISchooner David J. Adams, Oloncester, Mass.

H. Ex. 19 12 . . . ^. „ ,.,._.,.,,,. .- .. .-.-,. .

RIGHTS OF AMEUICAN FISUERMEN. 4G1

No. 86.
Mr. Willard to Mr. Bayard.

ITclograra.]

Portland, Me,, Jwfy 3, 1886. [lieceivedJuly 4.]
We have received the following dispatcli from S]ielbui'ne,Nova Scotia,

Ito-dny, viz :

Cimhiii" boarded last iiight 8 miles from custom-lioiiw.. RrouKlit hero Hoizod
Ito-iiav. CliarjjfO, scekinj^bait and not rt'iiortinj; at ciiHtom-lioiiso. lliiyo not bonglit
IjiivtliiDL'. Wire instructions.
■" • ^ C. B. JEWETT.

She Mt here last Tnes'^ay with the uudorstandiiifj you had settled
[tlie right of our vessels to buy bait. How long are we to be tornieuted
[io tliis kind of style ? If it is to continue loug we should prefer to haul
lour vessels up. It seems to us about time the President issued his non-
lintercourse proclamatiou and settled this thiug one way or the other.

Please instruct us what to do under the circumstances, as she is a
haluable vessel.

E. G. WILLAED.

^;\,:v ■■^;' No. 87. ;„,.'■-■,'='- -'..'" i'

Messis. Gushing and McKenney to Mr. Bayard.

: ■ ;' [Teloaram.] ,,

Portland, Me., July 3, 1880. [Iteceived July — .]
Our schooner City Point seized in Shelburne, Nova Scotia, for taking
[ill water and allowing men ashore before rei>orting. Please give in-
jstractions.

CUSEIING & MoKENNEY.

- :_ ■ No. 88. - - ■;■ . ■ ^;;

Mr. Woodbury to Mr. Bayard.

Boston, July 7, 1880. [Received July 10.]

Sir: I forward twelve affidavits of respectable fishermenof Glouces-
ter laying the foundation to show that the Canadian authorities have
jhis year, without notice, radically reversed their administration of laws
Jwiud American bait buyers and others. That thereby some of our
isliL'rmon have been entrapped and seized is well known to you. I ro-
il a duplicate set, for use in case a suit is brought for a penalty of $400
Igainst an assumed master of the D. J. Adams, which the customs au-
ihorities allege has been incurred.
Iliaye sent these in the expectation that, in the varying phases these
pnadian assaults on our commerce assume, these facts may be useful to
lie Department, if not in the matter of the D. J*. Adams.
I have, &c.,

, CHAS. LEVI WOODBURY.

462

EIGHTS OF AMERICAN FISHERMEN.

[Inolosare No. 1.]

I, Frank Foster, of Gloucester, Comniouw Ith of Massachusetts, in the Uoitt
States of America, on my oath do say I am a herman, and in the course of mycaj
iug during the last fifteen years liave entered my places and ports in Novaiioa
for the purpose of buying bait to be used by ilio vessel I was on in the (
fishery.

I further say we wore always allowed to purchase what bait wo wanted _„„
fore this year I never heard of or know an instance where such vcHsel lying tol
anchoring within the three-mile limits of tho coast for such purpose was required t«j

Eort at tho nearest custom-house, or to make entry there, or was warned off. I M
cen in at the following places on that coast, via : Shelbui'ue, Digby, Grand llaQai
Bliss Island, Argyle; and further says not.
[I.. 8.1 ■ ^ . FRANK FOSTEE.I

AARON PARSONS,

■ , - ■' ■■ ^ '•■ -^ Notary PMui

■■ y. [Incloanre No. 2.] • - ■

I, Zebulon Tarr, of Gloucester, Commonwealth of Massachusetts, in tho United Stal
of America, on my oath do say I am a fisherman, and in tho course of my calling di
ing the last thirty-one years have entered many places and ports in Nova Scotia?
the purpose of buying bait to be used by tho vessel I was on in tho deop-sea fishi

I further say we were always freely allowed to purchase what bait we wanted,]
before this year I never heard of or knew an instance where such vessel lying tol
anchoring within the three-mile limits of the coast for such purpose wasrequiredl
report at the nearest cuotom-houRC, or to make entry there, or wms warned off,
have been in at the follow ing places on that coaet, viz: Canso, Cape North Bay,!

Anne, Margaree ; and furtuer says not.

Cl.8.]

ZEBULON TAB

AARON PARSONS,

Notary PMcM

[Inclosnre Ko. 3.]

I, John Collins, of Gloucester, Commonwealth of Massachusetts, in tho United St J
of America, on my oath do say I am a fisherman, and in the courHe of ray callinj; dl
-Ug the last thirty-seven years liave entered many places and ports in Nova Siotiai
the purpose of buying bait to be used by tho vessel I was on in the deep-sea fislierf

I further say we were always freelj- allowed to purchase what bait wo wanted.)
before this year I never heard of or know an instance where such vessel lyinjjtd
anchoring within tho three-mile limits of the coast for .such purpose was required]
report at the nearest custom-house, or to make entry there, or was war nod off. I Li
been in at the following places on that coast, viz : Canso, Georgetown, YariiioDj
Digby, Cape Negro, T.nsket Island, Seatari, Sydney, Louisbuvg, White Head; and
thersays not. ,'

(L. 8.] JOHNCOLLIX^

AARON PARSONS,

Notary M.ii'M

fXncloanre No. 4.]

I, Jeaae Lewis, of Gloucester, Commonwealth of Massachusetts, inthoUnitidStJ
of America, on my oath do say I am a fisherman, and in course of my calling"™
tlie last forty-five years have entered many places and ports in Nov;i Scotia tor|
purpose of buying bait to be used by the vessel I was on in the deep-sea Oshiiry. i

I further say we were always freely allowed to purchase what bait we W3iiv«l,<
before this year I never hoard! of or know an instance where such vessel l5""8 '1
anchoring within the threi-milo limits of the coasts for such purpose was rej^'f*^
report at tho nearest custom-house, or to make entry there, or was warned ""• ' '
been In at the following places ou that coast, viz : Yarmoutk, Cape Negro, llau

RIGHTS OF AMERICAN FISHERMEN.

463

in the Uniti
ireeofmycii
in Nova Scoa
n the deep-

■anted, and L
isol lying tol
8 required toil
led off. I hail
Grand Maaai

SK FOSTER,!

PARSONS,
Votary PuJli« 1

he United Stall
'ray calling dl
I Nova Scotia i
deop-sea fislieq
I we wanted, !
easel lying to J
I was required!
8 warned off. ]
e North Bay, i

5UL0N TAB

PARSONS,
Notary Pvhlic-

[m COLLIil

LARSONS,

lUfotary Mlii

1 11-3 United StJ
ly calling diiil
la Scotia for]
|BeafiBb>!ry.
■ we warned,!

Lael lying '^
Iwas rcquirej"
Tnedotf. '?
I Negro, Halilj

flielbnrne, LiBCOinb^ Country Harbor, White Head, Canso, La Have, Liverpool, Rans-
lierrv Harbor, Souris, Georgetown, Charlottetown, Mancpeck : and further says not.
' [i,i.] JESSE LEWIS.

AARON PARSONS,
Notary Public.

[IncIoBuro Ko. 5.]

I, George II. Martin, of Gloucester, Commonwealth of Massachusetts, in the United

States of America, on my oath do say I am a lishorman, and in the course of my

(ailing during the last 23 years have entered many places and ports in Nova Scotia

I fertile purpose of buying bait to bo used by the" vessel I was ou in the deep-sea fish-

[Irv,
I further say wo were always freely allowed to purchase what bait we wanted, and

j before this year I never heard of or knew au instance where such vessel lying to or
anchoring withing the three-mile limits of the coast for such purposes was required
lo report at the nearest custom-house or to make entry there, or was warned off.
Ihave been in at the foUowinj^ places on that coast, viz : Digby, Brier Island, Tusket
Island, Pnbnico, Barrington, John's Island, Shelburne, Liverpool, Margaret Bay, Do-
ver, Prospect, Cat's Harbor, Isaac's Harbor, Liscomb, White Haven, Cape Cause, St.

[Peter's Bay, Louisburg, Judique, Svdney, St. Anne's Bay : and further says not.
[L8.] GEO. H. MARTIN,

'' '^: ;■'' AARON PARSONS,

■ " Notary Public.

rinoloanre No. 6.]

I, James T. Simpson, of Gloucester, Commonwealth of Massachusetts, in the United
[States of America, on my oath do say I am a fisherman, and in the course of my call-
ling during the last fourteen years have entered many places and ports in Nova Scotia
llbnhe purpose of buying bait to bo used by the vessel I was on in the deep-sea fishery.
I 1 further say we were always freely allowed to purchase what bait we wanted, and
llefori! this year I never heard of or knew an instance where such vessel lying to or
uchoring within the three-mile limits of the coast for such purpose was required to
report at the nearest custom-house, or to make entry there, or was warned off. I have
been in at the following places on that coast, viz: Digby, Qarapobello Island, St.
Mrewe, IJliBH Island, Grand Manaii, Beaver Island, St, Mary's Bay, Yarmouth, Cape
[Pgro, Shelburne, dnjii' ha Have, Sarabro, White Head, Canso, St. Petei-'s Bay , Arichat,
^msljurg, Jjydpey, fit- Apflfi'fl Day, Poft Hood ; a«4 /nrt^ej- says not.
[L8.] r ■-".y r... ..^ . .,. iTiMES T. SIMPSON.

AARON PARSONS,

Jlfotary Public.

[I, Simeon McLoud, of Gloucester, Commonwealth of Massachusetts, in the United

atcsof America, on my oath do say I am a fisherman, and in the course of my call-

ig during the last fourteen years have entered many places and ports in Nova Scotia

It tbe purpose of buying bait to be used by tha vessel I was on in the deep-sea fishery.

I^ljurthor say we wore always freely allowed to purchase what bait we wanted, and

Woif this year I never Jioardof or knew an instance where such vessel lying to or

Coring within the three-mile limits of the coast for such purpose ,vas required to ro-

^ftcithe nearest custom-house, or to make entry there, or was warned off. I have

Vb in at the following places on that coast, viz : Wood Harbor, Groeu Cove, John's

mA. Rayton's Island; and further says not.

[[Li] SIMEON McLOUD.

♦

_ - AARON PARSONS,

Notary Public.

464

EIGHTS "OP AMERICAN FISHERMEN.

ITncloaoro No. 8. |

I, Nathauiol P. Smith, of Gloucester, Commonwealth of Massachusetta, iutwl
United StatoH of America, on ray oatli do say I am a flahorman, and in the course of
my callinj; during tlie last thirty-llvo years have entered many places and poruj
in Nova Scotia for the purpose of baying bait to be used by the vessel I waa on in
the deei)-Rea fishery. I

I further say we wore always freely allowed to purchase what bait we wanted 1
and before this year I never heard of or knew op instance where such vessel lying to
or anchoring within the three-mile linr ts o* ti j coast for such purpose was required to
report at the nearest custom-house, oc to make entry there, or was warned off. n
liave been in at the following places on that coast, viz: Digby, Brier Island St.

Andrews, Cauiitobello Island, St. John, New Brunswick, W<^ymouth, Yarmouth, Arg^V
Pubnico, Harrington, Gaspo, Capo Negro, Shelburne, Liverpool, Dover Harbor, Lun- 1
enburg, La Have, Prospect, Sambr >, Halifax, Beaver Harbor, Country Harbor, While
Head, Canso, Sydney, Arichat, Louisburg, Charlottetown, Georgetown, Souris Cat
cumpec, Port IJaniei, Ship Harbor; and further says not.
[L. 8.] NATHANIEL P. SMTH.

AARON PARSONS,

Notary Puhlk,

(Inclosuro Kg. 9.) .'

I, Thomas .Jones, of Gloucester, Commonwealth of Massachusetts, in the Unitidl
States of America, on my oath do say I am a fisherman, and in the course of my calliii|;|
during the last fourteen years have entered many places and ports in Nova Scotia for |
the purpose of buying bait to be used by the vessel I was on in the dcc])-sea h.shery.

I further say we were always freely ailowed to purchase what bait wo wantod/andj
before this year 1 never heard of or knew an instance where such vessel lying to orj
anchoring within the three-mile limits of the coast for such purpose was required tnl
report at the nearest custom-house, or to make entry there, or was warned off. l|
have been in at the following places on that coast, viz : Digby, Brier Island, Campn-r
bello Island, St. Andrews, Beaver Harbor, Bliss Island, Head Harbor, Yarnmntb. St.j
Mary's Bay, Grand Manan, Cape Negi'o, Shelburne, Liverpool, Dover, Halifax, Canso, j
Sydney, Jeddore Harbor, Ship Harbor, Louisburg, Georgetown, Souris, Chaleur Bay; j
and further says not.

[L.8.] , , , , THOMAS JONES.

'V ! .:::'''':■ ;,../: aaron paesqns,

' . , Notarij I'Mk.

' , [Inolosnre No. 10.]

I, Scott Goyer, of Gloucester, Coninionwealthof Massachusetts, in the United S(»t<|
of America, on my oath do sa,y I am a fisherman, and In the course of my calling dui
ingthe last twenty-five years have entered many places ami ports in Nova Scotii
for the purpose of buying bait to be used by th< vessel I was on in the dccp-aea fishery

I further say we were always fretOy allowed to purchase what bait we wanted, am
before this yi?ar I never he ird of or knew an instance where such vessel lying too
anchoring witltiii (he three-mile limits of the coast for sneh purpose wasrequired tore
jtoi I at (he nenH'st cnstom-bonse, or to make entry there, or was warned otF. Ihavl
niM'uin at the following places on .that coast, viz: Grand Manan, Head Harbor, Campor
bello Island, Beaver Harbor, Digby, Bliss Island, Brier Lslaud, Barrington. CapeNw
gro. Prospect, Cape Canso, Gut of Canso, White Head, Halifax, Liverpool, Bhellniraoj
UoorgedtwH, Souris, Charlottetown, Malpeque, Chaleur Bay; and further sa.vif not.

[L.8.] ' IW^JOTT GEYER.

• AARON FMiHO

■ Notarn i

fluoloRare No. II.)

I, Edward Cantillion, of Gloucester, Commonwealth nt M»ssaehu8ett8,iatheUnit«
States of America, on my oath do say I am a fisherman, and in the course of mycj^
ing during the last thirteen years have entered many places and ports of ""^'.TTT
for the purpose of buying bait to be used by the vessel I was on in the deep-sea nsneij

KIOHTiS OF AMERICAN FISHERMEN.

4G5

1 further say we wore alwayn fiooly allowoil to purohiiHo what bait, wo wauted,
1 Hid bcfure thiti year I novor heard of or know au iimtanco whi^ro such vcshcI lyiuff to
Ljj,„pl)„nii); within the throo-niilo limits of tho coast for such piirposo was roquired to
Irfiiort at tlio iiourcst ciiHtoni-houHo, or to make outry there, or wiw warned oft". I have
to iuftttiie following jilaocH on that coast, viz: Grand Manan Inland, Dighy, Brier
Island St. Miuy'** l^'^y. (Jiueu Cove, Yarmonth, Shollinrnc, Liverpool, Cole Harbor,
I Dover' Aricbat, Canso, Bodotiue, St. Anns, Sydney; and further sayH not.
I n 8.1 EDWARD CANTILLION,

Hvhooner Sylvester.

AARON PARSONS,

Notary Fublio,

[L.8.]

[Inolosuro No. 12.J

^^- I.Jeffioy F. Oerroir, of Gloucester, Conimonwealthof Massacliusotta, in the United

SMITH. ^Hsiaii'sol'Aiiiorica, on my oath do say I am a fisherman, and in I lie course of my call-

^liD'diiriug the last fourteen years have entered many places and ports in Nova Scotia

ifor tlio purpose of buying bait to bo used by the vessel I was on in the deep-sea fishery.

i fiirtlicr say wo wore always freely allowed to purchase what bait we wanted, and

111! iiw this yciir I never hciard of or knew an instance where such vessel lyin^ to or

lanrhoriHg within the tlirco-mile limits of the coast for such purpose was required to

ninri lit tbo nearest custom-house, or to nuike entry there, or was warned off. I

lk\i' liecn lu at the following placeson that coast, viz : St. Andrews, New ' 'i unswick ;

p.Jubii, New Brunswick ; Digby, Yarmouth, B; rrington, Shelbnrne, Li crpool, La

Bave, Luuciiburg, Halifax, Dover, Aricbat, Cama, Bedeque, St. Anne, Sydney, Port

flood, Louisburg, Charlottotown, Souris, Georgetown; and further says not.

[L.8,] JEFFREY F. GERROIR.

AARON PARSONS,

. Notary Puhlio.

,K'-'' ■

No. 89.

United Stat<|

calling dm
Nova ScotH
ep-sea fishcrj

wanted, ani
lel lying too

quired totf
doff. Ibavl
jrbor.Campi
ton. Cape N*

1, Shelburaol
er sav9 not.
GEYER.

x^-JI

■^i

tarn /'"*"*■

Mr. Willard to Mr. Bayard.

Portland, Me.,
July 7, 1886. [Eeceived July 9, 1886.]
i Deae Sir : We wired you the i)articulars of the seizure of our
jehooner George W. Gushing by the Canadian authorities. As yet we
lave DO reply to our question as to what wo should do in the matter.
^e suppose, however, that y©u are giving it the consideration that it
ems, aii(] that we shall hear from you when you have reached a
fitisfactory conclusion.

I vessel we kejjt tied to the wharf three weeks, and only allowed

^r to go after we understood you had arranged matters ami that oui

«els could have all the privileges that we accorded to theirs. It

lems that everybody here so understood it,«and this is the cause of so

«ny of our vessels calling at Nova Scotia ports for a week i>ast. They

tityns that we can have the vessel by the payment of a fine amount-

! to about $G00, and tliat she is not held for a violation of the treaty

pi8, but for violation of customs regulations. This is plainly only

:'t'":Ai, as they (orbid our vessels the privilege of entering and pur-

pioj? supplies, as we understand their law, by the reading, it applies

Vessels ill Mie coasting trade, but if it applied to fishermen there has

*nonly a teclj/iical violation, and where it can be plainly shown that

P*' was 110 intent to evade the laws they ought to release the vessel,

Iwir Government did in the case of the schooner Sisters, which was

|fl tor gross i gnorance on ihe part of the 8kipi>er. The captain of this

3. E.K. 113 30

466

IUGHT8 OF AMERICAN F18HEKMEN.

It

It ii.

vessel bus been pettiiip: bait and i<!0 in thtiir ports for tliirty years, audi
until the present has never seen the inside of a custom \mm. The«|
vessels have always entered onr ports an<l sold fresli Hsh, f,r()t mippliMl
and enjoyed privileges that even our own vessels have not enjoyed, biititl
seems that they are determined to harass our lishing vessels in liopestol
drive us into letting them have our markets free, which, with tbeboiiil
ties they enjoy^ from the money our Government paid, they cim (lestroyj
the business in New England and get a complete monopoly. Weclaiml
that It is not an actual necessity f( r our .essels to procure bait and uJ
in their ports, but it is more convcinient, as it is nearer the Mm
grounds. Only such vessels engaged in the halibut fishery ever pet bail
there. The cod-fishermen take salt bait fVom here, and besides wetiir-l
nish their cod fishermen in the spring with thousands of barrels of sail
clams.

While we think that these are m.atters which require time and cau
tion, we do not think there is a nation on earth that would liave stoodi
"the petty bulldozing that this Government has for the last twenty years,!
and we are of the opinion that this matter requires more Mian ordiiiarvj
attep>in»« :ir.d haste, for there may be a rupture at any time tliatmigiii
involve the Government far more than it could by pursuing a vi;,'oroiii
policy. C ur fishermen are getting into a bad frame of mind, andiiieij
like these, used to hardship and peril, might not hesitate to do most any!
thing. Of course we deprecate any such measures, but they are uot!
wholly within our control.

Everybody's opinion is entitled to some weight, and we veuture t«i
give ours as to the best course to pursue.

We think that your Department ought to telegraph the Domiuiou
Government that, inasmuch as the vessels seized have beeu fi;iiiltyol
only a technical violation of customs laws, that they ought to release tlii
vessels on the same terms that our Government has always released
theirs. If they refuse to do this, then the President, with the pofferj
given him by Congress, should give them notice that he should imme-
diately issue his proclamation, declaring non-intercourse in all matters]
pertaining to the fisheries, and that from the 1st day of August no M
from the provinces can belauded in the United States and none exported]
from here thence, such decree to remain in force six mouths, unless]
sooner revoked.

The effect of this would be to bring them to terms very quick, as tlieyl
are almost wholly dependent upon our market for the disposition of
their fish, and without this i)rivilege Nova Scotia is almost helpless

For the honor of the old Democratic party something must be doi
Three-quarters of the people engaged in this business are Democrats,
and they have been made so by the actions of the Kepublieaus in the
past. Wo understand that, there are those that would mauufiictureiM)'
litical capital out of this matter, but it is too serious a thing, and tlieyi
cau easily be haudica])ped by vigorous action in this matter by yoiuj
Department.

As a faithful defender of the faith these many years, wo pray tbat *
may see one of the ends for which we have fought brought to a succe - j
ful issue.

Please do not leave this important matter to assistants, and yon ^
greatly oblige if you will let us know what we have to expect, ami i
we have any rights which Canada is bound to respect. .

This is a private letter and is not given to the papers for publicajio
an<l if you will give us a reply in full we will treat it as conlideiitial.
Yours respectfully, &c.,

^ •^' ' E. G. WILLAEU.

B10HTS OF AMERICAN FISHERMEN. 4G7

No. 90.

Mr. Bayard to Mr. Willard,

Department of Sta te,

Waahingtonj July 1), 1886.

Siu: Your telegram of the 3(1, aud your letter of the 7tl> instant,
[g(„tjiijT the Heissure at Shelburne, Xova Scotia, by the local authorities
loftliat port, of the srhooier Gc rgo W. Cushiuf?, were duly received.

lleloii the receipt ol either, lit . ■« of this seizure had been received
Ibytliis Di'partmeiit and iustant instructions had been sent to the cou-
Isiilfciii'iiil at Halifax to proceed to Shelburne and obtain full knowl-
M'ic, of all ilie facts and make full report to this Department of the
Icaiise (»l such seizure, and the nature of the complaint upon which such
Ipweediiif,' wen founded.

In the absence of such authentic information it is impossible for this
iDt'partment to take any action, or to give you advice.

As the contents of your telegram and letter disclonc, you are well
lanare that (luestions are now pending between this Government and
Ithiit of Great Britain in relation to the just definition of the rights
loi' American lishing vessels in the territorial waters of IJritish North
lAnieric».

I shall relax no effort to arrive at & satisfactory solution of the diflB-
(ulty, aud in the mean time it is the duty and manifest interest of all
lAniericau citizens entering Canadian jurisdiction to ascertain and obey
Itlie laws and regulations there in force.

For all unlawful deprivation of property or commercial rights this
iGomniiieiit will expect to procure due redress and compensation for
Itlic imioteut sufferers.

Very resi)ectfully, yours, /

T. F. BAYARD.

No. 91.

Hon. Mr, Bo^ltelle to Mr. Bayard,

[Tologram.l

r House of Eepbesentatives,

July 10, 1886.

I liave just received a dispatch from Eastport, Mo., stating that
iiueiican boats after herring for sardines at St. Andrews, New Bruns-
wick, \yer6 driven away last night by the Dominion cruiser Middleton,
Nit is announced that no American boats will be allowed to take her-
rng for any purpose. 1 earnestly invoke the immediate attention of the
pepartiucnt to this matter.

C. A. BOUTELLE.

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lAMGE -VALUATION
TEST TARGET (MT-3)

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HiotDgraphic

Sciences

Corpcration

2: WEST MAIN STREET

V^EBSTER, N.Y. 14580

(71^; 872-4303

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4.

kP

4(i8

EIGHTS OF AMERICAN FISHERMFN.

No. 02.

Mr, Bayard to Eon. Mr. BouUlle.

Department of State

July lUi^lU.

Dear Sir: I hai'e just received your telegram of tliis date, stHtini
that you l>ad a lispatch from E.-i.jtport, Me., that American boats alto!
herring for sardines at St. Andrews, New Brunswick, were driven awavl
by the Dominion erniser Middleton, with the announcement that noi
Americ£n boats will be allowed to take herring for any purpose. I

And t J this you invoke the immediate attention of this Department!

On the 2d of June last you called at this Department in corapanTi
with Senator Hale, of Maine, and then drew my attention to a sluiilal
threat of interference with the purchase of small herring for canningasl
sardines from the Canadian weirs. I

On the same day I made representation of the alleged threats to tiel
British minister at this capital, and drew his attention to the alledl
violation of lawful commercial intercourse between British subjects' inl
Canada and the citizens of the United States. I

I was in hopes that further interference with a recognized and legiti|
mate trade would be prevented, but wilt again address the British mini
ister on the su!>ject.

It will assist materially in all such cases of alleged violation of cornJ
mercial rights, if accurate and full statements of all the lactsineaclil
case are procured and forwarded to this Department accompanied bjj
aiiidavits. I

A great deal of loose rumor and sen sational statement wonld be thnjj
disposed o^', and a tangible basis be laid for claim for compensation byj
the injured parties.
1 have, &c..

T. F. BAYARD,

No. 93.

Mr. Bayard to Mr. Woodbury.

Department of State,
Washington, July 13, 188fi.
Sir : Your letter dated July 7, with twelve affidavits of Glouccstt
tishermon alleging their long-continued custom of purchasing bait iij
). laces and ports in Nova Scotia to be used in deep-sea fishing, has Ih
received, and shall be placed on flle for future reference in connect
with claims for compensation, growing out of the unlawful preventioij
of this usage by the Canadian authoritieii.
I am, &c.,

. . ' T. F. BAYAED.

RIGRTS OP AMERICAN FISHERMEN.

469

Ko. 94.

Hon. Mr. Bouttlle to Mr. Bayar

House of Representatives,
Woskington, July 14, 1886. [Received July 5.]
Sib: Acknowledging receipt of your letter of 13th instant, stating
[that the view presented by me will receive dne consideration, I beg to
[inclose herewith the affidavit of Stephen R. Balkam, of Eastport, set-
Itiug forth the facts of the refusal of the commander of the cruiser Mid-
dletoii to permit him to purchase herring at St. Andrews, New Bruns-
Iwick, on Friday, July 9, 1886, as referred to in the telegram forwarded
[by me to the Department on the 10th instant.
I ain, &c.,

0. A. BOUTELLE.

[Inoloanre.]

I, Stephen R. Balkam, of Eastport, in the county of Washington, Str.te of Maine,

ion oath declare that on Friday morning, Jnly 9, 188G, I was at St. Andrews, N. B.

|Mt business was to procure lierring for canning. I am employed by Hirtim I'lanchard

I& Son. The Dominion cruiser Middleton was at anchor near the beacon at St. An-

jiirevfs. A boat from the Middleton, commanded by Capt. William Kent, came along-

Itide of my boat and asked if my boat was American, and where my boat was owned. I

Iteplied that the boat was owned at Eastport, Me. He then said I could not take any

TidTing, and if I took any would be liable to be seized. He told me if I wished to get

|erriug I must get an English boat ; that I could not get herring with an American

"loat. It had been my practice to buy the herring of men whc caught them in seines,

jlliey delivering the herring in the gunwale of my boat. On the day the Middleton

Irove me away I was paying $10 per hogshead for the herring. The mon of whom I

louglit them were Dominion fishermen. The captain of the Middleton then left me

^ud went to other American boats and ordered them away. They left without hav-

iig procMed any fish. I took an Engliih boat in tow that had taken fish from the

leine, towed her into American waters, then took her fish, and came to Eastport..

STEPHEN R. BALKAM.

Sworn and subscribed before me this 12th day of July, 1886.

N. B. NUTT,
Justice of the Feace.

No. 95.

Mr. Bayard to Son. C. A. Boutelle.

Department of State,

Washington, July 15, 1886.

Sir: I have your letter dated yesterday enclosing the affidavit of
Pteplien E. Balkam, relating the circumstances of his being ordered
Iffiiy from St. Andrews, New Brunswick, by the Dominion cruiser Mid-
Ftoii, Captain Kent, in July 9th instant, and the refusal by Captain
>eut to allow the deponent to purchase flsh caught and sold by (Jana-
|iaii8 for canning.
The affidavit shall be placed on file for reference.
^ours, &fj.,

T. F. BAYARD.

470 RIGHTS OP AMERICAN FISHERMEN.

No. 96. /

Mr. Woodbury to Mr. Bayard.

Boston, July 28, 1886. [Eeceived July 29.]
Sir: I have the honor to enclose for your consideration tho afiQdavit
of James McDonald, master of the schooner Thomas F. Bayard, wLo
has been illegally driven from the waters of Bonne Bay, on the north
west coast of Newfoundland, in direct violation of the treaty of 1818.
In this connection I would refer you to the fact that the British Gov
ernment have twice declined to ratify laws of Newfoundland prohibiting
the sale of bait (see Executive Document No. 84, Forty-sixth Congress^
second session. House of Eepresentatives, pp. 106-7): once whentlie
Duke of Newcastle was minister, and again when Sir M. Hicks Beach was
colonial secretary, in 1878. In 1885 I wrote to our minister at Londoa
requesting him to ascertain at the colonial office whether since 1878 any
law of NewfoundltT,nd prohibiting the sale of bait to foreigners had been i
approved, and the reply furnished him was, none had been. Thisistlie i
only instance of the kind from Newfoundland that has come to ray
knowledge. Captain McDonald sails to-morrow, but proof of his 1(
will be made up and transmitted to the Department.

I forwarded some time since some evidence as to the collector at '
Magdalen Islands denying treaty righcs to our vessels. I inclose I
the affidavit of A. McEachem, master of the schooner Mascot, that he
was denied at Fort Amherst, June 10th, any privilege except wood and
water, and also threatened with seizure even if he should take a pilot!
The Magdalen Islands, like the west coast of Newfoundland, are by
treaty particularly stated to be places where the common rights of fish-
ery on land or sea are to be enjoyed by both parties to the treaty.

I am, &c.,

OHAS. LEVI WOODBURY.

[InoIoBores.]

1. Captain McDonald to Mr. Bayard. Gloucester, Mass., July 28, 1886. (Printed]
herewith.)

2. Sworn statement of Captain McDonald, dated July 28, 1886. (Printed as in-
closure No. 1 to Mr. Phelps's note of September 11 to Lord Iddesleigh. See ani«, No,
66, p. 147.)

3. Sworn statement of Alexander MacEachern, dated July 27, 1886. (lUl See]
ante, No. 66, p. 147.)

,\%VU

\ , 1

[Inolosnre 1.]

Captain James MoDonald to Mr. Bayard.

Gloucester, July 28, 1
Sm : The schooner Thomas F. Bayard, of Gloucester, of which I am master and!
part owner, sailed from Gloucester June 22 on a trip after halibut, with license iwl
b-ade permit. My supply of bait becoming exhausted, I entered the port of Bon
Bay, on the northwest coast of Newfoundland, for tho purpose oi procuring a sapp yj
of iiait ou July 12. Directly on anchoring, I reported at the custom-hoase to the coif
lector and stated my object was to buy bait. Mr. Taylor, the collector of tl'*P"?j
immediately served upon me a notice, which I transmit herewith, to the effect that tlw
presence of my vessel in the port was in violation of the articles of the conventioi'

RIGHTS OF AMERICAN FISHERMEN.

471

^f Iftlf niid also warned nio not to 1)iiy 1>!iit. Iliiving a coi)y of tlio Ottawa circn-
liir of March 5, ISWi, with n»e, I produced it and read to the collector th« treaty claiiHO
•i there printed, and argued with him that I had the treaty right to come in hero. His
reply was, in snbstance, that he must perform his duty and i)roveii1 me from buying
kit! I returned to my vessel, and, fearing 1 slionld be seized if I bought bait or
lishfd in tho tliree-mile limit or remained, I sailed for homo, and arrived at Glouces-
ter Jnlv 20, niy voyage being broken up. and having a small fare. I left one of the
liest chances to obtain a largo fare of Ush, that were very j)lentiful in the vicinity of
thi' port. I eHtiniate the Iossoh of the vessel and crow at $4,000. ^';ughly.

Ithoiiglit it proper to lay this matter before you that, if I had the right to fish on
tiiatcnaHt, I might procure recompense and damages for the injury done my voyage,
lam, &c.,

JAMES Mcdonald,

Master.

No. 97.

Mr. Bayard to Mr. Woodbury.

Department of State,

Washington, July 30, 1886.
Sie: Ibeg to acknowletlge your letter dated July 28, accompanied
Ibytbe affidavit of Captain McDonald, of the schooner T. F. Bayard,
laud tlie notice given him at Bonne Bay, Newfoundland, and also the
|affi(lavit of Capt. Alexander McEachern, of the schooner Mascot. •

Tliese infractions of the riglits of American citizens intended to be
jgeciired under the convention of 1818, have been duly brought to the
[notiee of tiie British minister at this capital, and I have also sent copies
[of tlicse papers to the United States minister at London, with instruc-
Itioiis that the contents of the same be made known to the foreign office
[in order to prevejit any further violation of the rights of our citizens,
land that notice be given of the claim hereafter upon the Government of
[Great Britain for all loss and damage to the vessels in question and
[tbeir owners, when the same shall have been ascertained, by reason of
[tills unlawful action on the part of the authorities of Newfoundland and
[Magualen Islands.
I am, &c.,

T. F. BAYARD.

No. 98.

Mr. Woodbury to Mr. Bayard,

Boston, Jxdy 30, 1886. [Received July 31.]
SiE: Herewith is transmitted ^he affidavit of the crew of the schooner
pomas F. Bayard, relative to her having been forced to abandon her
(shing voyage on the northwest coast of Newfoundland, and return
pome, in consequehce of a warning that she would be seized by the
pre authorities if she fished or bought bait within the three-mile limit,
Tliieb has been transmitted to the Department. My information is that
ne schooner has sailed on another trip.
I aw, &c.,

CHAS. LEVI WOODBURY.

472

RIGHTS OF AMERICAN FISHERMEN.

' fincloanrc.l

Affidavit of cap In, and crew of achoomr Thomas l<\ Bayard.
Commonwealth of Massaciiusktts, Essex, ss :

Gloucestku, Juhj 29, 188
We, the uiulersigned, on oatli ilodaro and sny tliat we wore thpiiiImts of the crew I
of the schooner Thonian F. Bayard, of the the i)()it of Glouoo.ster, on the frii) that
oommenced June 15, 1886, and ended Jnly 19. Wo entered Port Mul^rruvp, anil wn
informed that we had a riglit to fiHh in tlie northwest coast of NtnvfouiKliainl. fl'e
entered Bonne Bay July 12, and wore forbid to buy bait or to fish, and retiiruBd home
with but a small part of a fare. The iishermen at Bonne Bay were anxious tfl sel'
bait to U8 if we could buy. Wo know the fish were there, aiid if wo had been al-
lowed to buy bait and to fish should have procured a full fare.

Alkx. McDonald. Angus McDonald.

James Langley. Petek McAlpin.

David Campbell. Eugene Nickerson.

his
Milton + Atkins. William Atklvsos.

mark,
his his

John -f McNeil. William + De Cortk,

mark. v mark.

his

John Mc^acheun. Daniel + McCormice,

mflrk.

Commonwealth of Massachusetts, Ussex, ss :

Gloucester, July 29, 1886.

Personally appeared the above-named Alexander McDonald, Angus McDonald,'

James Langley Peter McAlpin, Daniel CaTnyd)ell, Eugene Niekerson, Milton Atkins,]

William Atkinson, John McNeil, William Do Corte, John McEachern, and Danielj

McCormick, and ouoath declared the above statement by them subscribed tobetrrfl,!

[L. 8.] AARON PARSONS,

Notary I'uhlk,

No. 09.

Mr. Bayard to Mr. Woodbury.

Department of State,
Washington, July 31, 1886.
Sir : I beg to acknowledge your letter of yesterday accompanied by I
the affidavit of Alexander McDonald and eleven others, member.softlie|
crew of the schooner Thomas F. Bayard, of Gloucester, stating tiiej
refusal of the local officials at Bonne Bay, Newfoundland, to permit j
fishing or the purchase of bait on that coast.

The subject to which this paper relates received due attention yesterj
day, as you were advised.

I am, &c.,

T. F. BATAKD,

, . No. 100.

Mr. Presson to Mr. Bayard.
' ' V ■ Collector's Office,

Gloucester, Mass., August 9, 1880. [Received August 11.]
Sir : I am requested to forward the inclosed affidavit of Capt Daujfil
McDonald of schooner Hereward, of Gloucester, in regard to his de-
tention at Cape Canso, Nova Scotia, July 2.
Very respectfully, &c.,

. D. S. PRESSON,

RIGHTS OP AMERICAN FISHERMEN. 473

[Inclosiire.]

AJJidavit 0/ Captain MoDonald, of the adwoner Htreward.

Gloucester, Auyuat (>, 1880.

I, Daniel McDonald, raastor of American schooner Hereward, of GlouceHtor, do

(lopo8« fttul *"i.v : That I wei.t into Capo Canso, N. S., with my vesst^l, on the afternoon

i (if July 'i, i""i w'l't *o the cuHtom-honso and reported. One of my crew went on

nborp without authority and failed to return at night; some of the crew thought ho

bad (It'scrtcil iind oiiji;aged another man to take his place (all without any authority

fniin me), but li j returned the next morning.

The next morning the collector, Mr. Young, came on hoard and denumded my papers

I (ohargiiif{ riio with shipping a man). I gave them to him, and he kept them imtil

I lu.iiO o'eloek that eve, when he returned them to me. As I was all ready to sail that

Boruing, it detained the vessel two (2) days in that port, as the next day was Suu-

"^" • DANIEL M'DONALD.

I Massachusetts, Esseic, ss:

August 6, 1886.
Personally appeared D. McDonald, and made oath to the above.
Befow me.

[L. 8.] AARON PARSONS,

> ■ Notary Fublic.

No. 101.
Mr. Presson to Mr. Bayard.

CusTOM-HoTjsE, Gloucester, Mass.,
Colleotor''s Office, August 10, 1886. [Eeceived August 11.]
Sir: In reply to your telegram of 5th instant I inclose affidavits of
iCaptaiu Cminiughain, of schooner Rattler, and his passenger and crew,
[ill relation to their treatmeuu at Shelburne, Nova Scotia, on going in
Itliere for shelter on 3d instant. . ,:-..'

Very respectfully, &c.,

D. S. PRESSON,
, Collector.

llncloBure.]
Affidavit of Captain Cunningham, of the schooner Battler. . •

I, Aiignstns F. Cunningham, master of the schooner Rattler, of Gloucester, being
ply sworn, do depose and say : That on Thursday, July 8j 1886, we sailed from Glou-
ster on <a mackerel cruise. On Tuesday August 3d (having secured a fare of mack-
pel and while on on our passage home), at 7 p. m., the wind blowing hard, the sea be-
Pg rough, and our vessel being deeply loaded, with two large seine-boats on deck,
>e piit into the harbor of Shelburne, N. S., for shelter. Just inside of the harbor we
►tre brought to by a gun tired from the Canadian cruiser Terror, Captain Quigley,
tad came to anchor.

I Immediately a boat from the Terror came alongside and its commander, Lieutenant
P^iiMtt, asked why we were in the harbor. My reply waa, " For shelter." Then tak-
wtlie name of our vessel, names of owner and captain, where from, where bound,
T '"'"■ uiauy fish we had, and forbidding any of the crew to go on shore, he returned
» tliB Terror for further instructions.

i Buarding us again, after a lapse of perhaps forty-five minutes, he put two armed men

1 ijoard of us, asked for our crew-list, and said if I remained until morning I must

WW at the custom-house, but if I conld sail in the night to tell his men to lire a re-

h/l n, A ^*^ would be sent to take them off. At 12 o'clock that night, preferring

risk the dangers of the sea to the danger of seizure, I ordered the anchor hove short,

474

RIGHTS OP AMERICAN FISHERMEN.

tlic, iniiiiiHiiil lioiHlod prcpanilory to Huiliug, uud told ono of tho TeiTor's iiicji tofin>. 1
involvtM-, wliich ho did. ,

Unciiiviiig no reply, and seeing no Higu8 of life on board tho Terror, I onlcrod tljercmi.
ver to he flied again. This bronght a boat from the Terror, conimunded by Firm Lien!
tenant Bennett, who hoarded my Hchooner, gaveeach of the two men on boardan cxini !
revolver, an<l told me the orders of Cai»tain Qnigley were, that I Bhoiiid not liavniliel
port nntil I had reported to tho customs officer at Shelburno. Upon riH;ei]it of thw I
orders I payed out tho chain and lowered the mainsail. The boat wont back to tlw I
'icrror and iniinedialoly returned with Captain Quigley on board. f

Ho denied the permission given me by his first oflicer to sail in tho night and nr-
•1» rod me to go to Shclbnrne and enter and clear at the cnstom-houso there.

I asked him how 1 should go, as we were 8 miles distant from tho custoni-liniwe
His reply was, "I don't care, sir, how you go; but you must go there; and on your 1
return sliow your clearance to me or suffer tne consequences." He toy mo my vewi I
was in charge of his two men, and to them he gave these orders:

*' Gunner, you will allow the captain to proceed to Shelbume with the vessel, com 1
to anchor, take his dory and two men, no more, and go on shore to enter. Allow tiiem j
to bring nothing off in their dory ; and if a man pnts his hand on the wheel to go to
sea, chop his arm off or shoot him. as the case may require."

1 asked him if the law was not verj'^ strict that did not allow a vessel arriving at
night after office hours to proceed before da.ylight, and why the law was enforceil.
He replied, it was to prove that Canadian harbors were a benefit to American fishcrnien,

At daylight we got under way and started for Shelbnrne, and Lieutenant Bennett j
and four more armed men came on board. We arrived at Shelburno about 4.;f0 o'clock i
a. m. I went on shore with Lieutenant Bennett and his boat's crew, woke up Colkctor!
Atwood, who, after inquiring of the lieutenant if there were any charges against nie, '
entered and cleared the vessel.

On my return to the vessel the lieutenant requested me to exhibit my clearance,!
which I did, and we were then allowed to depart. I would state th.at wlien we tinitl
entered tho harbor of Shelbnrne a Canadian vessel entered jnst ahead of us, amis
was unmolested, sailing at her pleasure during the night, which showed plainly tlutl
an Am iM-ican vessel was not accorded the same treatment in Canadian ports Maul
Canadian vessels, although, as the collector at Halifax informed mo in June last, t!i«j
same laws applied to Canadian vessels as to American vessels.

During the whole difficulty my language was respectful and I quietly submitted tol
the detention, to tho sarcastic language and overhearing conduct of Captain Quigley, f
but I deem my treatment and detention severe and unjust and an outrage upon tlioj
international courtesy that should exist between two friendly nations.

A. F. CUNNINGHAM.

I, Lawson C. Rich, of Canton, N. Y., a passenger on board schooner Rattler witJ
Captain Cunningham, do depose and say that the above statement of Captain Cunniag[
ham is true in every particular.

LAWSON CARTER RICH.

August o, 1886.
Rich and made oath to the trathl

Massachusetts, Essex, sg ;

Personally appeared A. F. Cunningham and L. C,
of tho above statement.
Before me.

AARON PARSONS,

Notary Pullk.

We, William Bowie, Frederick Brooks, Charles Lowry, Charles Hart, George ViJ
bert, John Hart, John Lowry, Daniel McLean, Alexander O'Neil, James Levange, and
Martin Guthrie, of the crew of schooner Rattler, do depose and say that the above
statement of Captain Cunningham is tree in every particular.

Wm. F.owiB. John LowmK.

, . Fred. Brooks. Dan. McLean.

; ; ' .ii '^ ■■■,:■..■■.-..■ K:\':'-.i:. .!''■. CHARLES LOWRY. ALEX. O'NeIL.

■'■^M '•■r--i^ ',.,;;,\i .,•-,.:- ^'vN = ■ CHARLES HaRT. JaMES LKVANCE.

• : George ViBERT. Martin Guthkib.

" John G. Hart.

Massachusetts, Essex, ss: „ ,„.

' ' August 10, ISeC.

Personally appeared the above-named persons, crew of schooner Rattler, and mi
oath to the truth of the above.
Before me. „„„.

[L. 8.] AARON PARSONS,

*• ■" Notary M^.

niOIITS OP AMERICAN FISHERMEN. 47 f)

No. 102.

Mr. Vroinon to Mr. Bayard.

CusTOM-HousE, Gloucester, Mass.,
Collectors Office, August 14, 1880. [Received August 1(5.]
Siu; I inclose affidav' t of Oapt. Keubeii Cameron, of scliooner Golden
Ininil of this port, who was forbidden to enter the harbor of Port Dan-
lids, N, S., for w-ater. Tliia being a clear violation by the (Canadian
[(ioveruineiit of the treaty of 1818, I respectfully submit the case for
lyoiir coiisiilerittion.

Very respectfully yours, &c.,

. D. S. TRESSON,

Golkctor.

[Inclosure.l

Affidavit of Captain Cameron, of the schooner Golden Hind.

I,Eeul)en Caincrou, luuHter of tlio Amorican schooner Golden Hind, of Gloncester, do

jjeposeaml say: Tliat we sailed fiom Gloucester .Tnly '^, 18H6, bonnd to the Bay of St.

Lwrencc, on a fisthing voyage. That on or about Jnly 23, being out of water, started to

koiiit" the I5ay of Chaloiirs (Port Daniel) to fill water. At the entrance of the bay,

|oiiri)rfivoniile8 from land, was mot by the Canadian schooner E. F. Conrad ; an ottlcer

aiueou board, took my name, name of vessel, tonnage, name of owner, «&c., and or-

jlered me not to go into Bay of Chaleurs. Ho also fuwiishod me with a printed '* warn-

V," with tills indorsement written thereon : *' Don't ontfer the Bay of Chaleurs, N. S."

Ifterthis warning I put to sea, and was obliged to go across to Tiguish, P. E. I., to

ptaiii a supply of v.iitor for use of my crew.

This delivyed nie at least a week, and the loss of at least a good trip of mackerel,

tediiriu}; that time another vessel from the same firm, in five days, ou the same hsh-

Ib!! j;rouuds, took 4G0 barrels of mackerel, and caused a loss to my owners of at least

Ivetiionsand dollars ($5,000).

REUBEN CAMERON.

Master.

We, tbe undersigned, a part of the crew of the schooner Golden Hind, do depose
Wl say that the above statement of Captain Cameron is true in every particular.

JAMES A. POWELL.
. GILBERT SMITH.

August 13, 1886.
Iassachusetts, Essex, ss:

[Personally appeared Reuben Cameron, James A. Powell, and Gilbert Smith, and
pafle oath to the above.

"ore me.
[[■"S] . >- • AARON PARSONS, N. P.

No. 103.

Mr. Bayard to Mr. Bresson.

Department of State,
Washington, Augtist 18, 1886.
ISm: In reply to your 1 tter of the 14th instant, inclosing affidavits of
enbeu Cameron, master of the schooner Golden Hind, setting forth
N he was forbidden by officers of the Canadian Government from en-

•I'T

47(5

RIGHTS OF AMERICAN FiSTlEUMEN.

teriii}? tin' liiirbor of I'ort DsniicOs, in tlui I'ay of (vliiilciirs, lortlienqf i
pose orobtiiiiiiiifj; watiT, siinl that ha was i^onipcIUMl to niaki! ii vovaje
to JMiiice Edward's Island to obtain such .supply, involviiijr uwcek'sde^
hiy and consequent loss.

I have to inform you that innncdiate protest against this infraction of I
express treaty rijjhts and violation of the rights of coininoti liospitalitv '
has becMi made by inc to the British minister at this capital, and udtj.
llcation given to him that claim will hereafter be made upon tlictJov.l
ernment of (Jreat ]iritain for all loss iiicurred by the unwarranted actio
of the Canadian ofiicials above stated.

Earnest request was also made that orders should be issued fortlnviili I
to iu<'vent a repetition of sucli unlawful and unfriendly conduct towimlj j
our vessels engaged in lishing.
I am, &c.,

T. F. I3ATAKD.

D. S. Presson, Esq.,

Collector, Gloucester, Mass.

No. 104.

Mr. Bayard to Messrs. Gushing and MoEcnney.

Department of State,
Washington, August 19, 188(1,

Gentlemen : Referring to your complaint of the 3d of July last, conl
cerning the detention of your iishing schooner City Point, by the Ca[
nadian authorities at the i)ort of Shelburne, Nova Scotia, wliich was at]
once communicated to the British minister here, I have to inform vouj
that her Britannic Majesty's Government has made rejdy, allegin;; tliatj
the master of the City Point committed a breach of the customs lawsoff
the Dominion by not reporting to the customs authorities, and by land!
ing part of the crew and luggage. It is further stated that the vessel|
in question was subsequently released on deposit of $400.

It appears from this reply that no charge of violating the flsbiuglaws,
or infringing the treaty was made against the City Point, but that tbej
sole allegation is the failure of her master to observe the customs re? j
ulations api)licable to any vessel resorting to a port of entry, and couiiiiuj
nicating with the shore.

The United States consul-general at Halifax will be instructed tol
watch the case, and, in the event of the penalty being affirmed, to ascerj
tain the laws and regulations on which such judgment rests.
I am, &c.,

T. F. BAYAED.

No. 105.

Mr. Woodbury to Mr. Bayard.
Boston, October 12, 188G. [Received October 13,]
Sir : Herewith please find the affidavits of Captain Kemp, of tlii
American schooner Pearl Nelson; Henry Cook, her owner; WilliM
Babino, cook and steward ; M. N. Giftbni, cashier of bank, relative I

BIGHTS OV AMKIUCAN FISHERMEN.

477

hbe detention of tliut schooner at Aricluit, and the exaction of a diiposit

lof|2(X) by tlio authorities an the (londitiou for her reh>a.se. What stat-

Lj,,. jjlm liiid violated, if any, tlioso interested in hor have been nnr.hhi

todiscovor. Tlie oidy charj^e made was that a part of her crew ha<l

one ashore in the ni^ht and returned in the uiorniii};.

The parties interested in her, believinpf that the exaction referred to

hiiHiii violation of law, and of their rij;hts as American citizens in call-

[in''at tlio jMiit of a friendly nation, in stress of weather, respectfully

[drsire the protection of the United Htates, and that the danuiges which

lliiivc iirisen to tlieni b.v the illegal seizure, detention, and exaction may

1k' leiinlturml to them.

I have the honor, &c.,

ClIAS. LEVI WOODBURY.
Pr. OWNER.

'. S.-Tlio owners have transmitted dui)licates of these aflidavits to
! consul at Halifax, for use before the Ottawa authorities, for remis-

Igion.

lInclo8ure Ko. 1.]

AffldaHt of Captain Kemp, of the schooner Pearl Nelson.

fEAni. Nelson, U. S. A.,

District of Massaehusetta : *

I, Munlock Kemp, of Provincohiwii, in Massachusetts, a citizen of the United States,
JDiiiuyimtii doHJiy: That I was master and part owner of the schooner I'carl Nelson,

iviwlof the Uiiiteil States dnly licensed , 188(5, for the iisheries, and holding u

leriiiit to touch iiiid trade during the existence of said license.

I furtlior nay that the crew of said vessel were shipi)edon wages at Provincetown

I liostdu for a tishing voyage to the Grand Banks, and return to Provincetown for

Bisilmrgo. Said schooner, with license and pertnit as aforesaid, sailed May 29, 188H,

Niil'iovincetown, and in horpassagt* home touched at Arichat, Cape Breton, driven

^n tliere liy stress of weather. Sailed by the wind from Bank Quero, and blowing

ifsli a heavy sea running and foggy, made Point Michanx, 'J miles from Arichat.

ho vessel was deep; her dories floated on deck in her lee waist; wind being about

«est I concluded to make a harbor and wait for better weather and wind. I an-

Imrert the vessel in Arichat Harbor at 11 p. m., September 7, 188C. I had lost a

jiau on the Grand Banks, named James Sampson, who belonged to Arichat, and

I wanted to laud his effects, if the customs ollicers would allow mo to. Some of my

fcrew belouged in that neighborhood. William Babino, my cook, and nine others

jf the crew took boats off the deck and went ashore without asking my ])ermis8ion.

jsiiw thoiD, but had never known that was any objection. I had been in this and

kilier British North American ports frequently, and witnessed the landing from my

piiaud other vessels' crews, but never before heard such landing was illegal or im-

ro|icr. These men took nothing from the vessel with them nor carried away any-

fUmg but the clothes they wore.

Krnm the tiuio I left Provincetown I had been into no port any where. Next

purniiij;, after my arrival in Arichat, at 8^ o'clock, I went ashore to enter at the

tiistonihmise, uiul found it closed. I called at 9 o'clock and it was not open. I

fm U'^m at 1 o'clock, and found tho collector opening the office door. I made the

toiliH' inward report to him, and requested permission to land the clothes of James

^iiipsnn, wlio lad been lost from my vessel on the Grand Banks. He told me ho had

rat a man I'ur me. After I got there this man came in. Tho otlicer was holding my

a|im and told the man to go back and take charge of tho vessel. I asked him why

slu'W my papers ; he replied, ho seized her because I had allowed my men to go

fshore before reporting at the custom-house; that all ho would tell me' wtus, he said

Ic would telogriiph to Ottawa and lind out what to do with mo ; and he did telegraph

pniediately, About 5 o'clock p, m. the collector received an answer, and told me to de-

pit j'200 and the vessel would be released. Tho collector would not allow nie to

m this dead num's clothes nntil after I had paid the $:iOO fine. I gave tho clothes

j''""""l'-kecper to be given to Sampson's widow or friends. I came ont of Arichat

Mat U a. m. on tho 8th of September, 1886, having bought thei-e one bushel of po-

Ptocs with the collector's permit and arrived at Pr oviucetown Septoiuber 14, 18b6. I

47H

UI0HT8 OF AMERICAN FIHHKUMEN.

mtilod from Aridint with nil my crow on board and Imd not at any timn intendt'du
loiivc liny of my crow ut that jiort. Thoy wcro hin-d men Hhipped to \»\ ('.iHrliarwdn
roturn at I'rovinrotown, and on onr arrival tlioro woro all paid off and iliHcliiiriri-d '

Honioof tlio (TOW that went aHhoro at Aricjliat rotnrn<Hl ahoard fWfaily iwTiAUl
and all woro aboard abont tho tinift tho vcssol was Hoizcd. I fjavo tlioiii noilioii* I
f lnTi', and had nono inysclC. 1 furtlnT say I di<l r.ot ontor Arichat with any iiil«ntio!|
of violating? any law of Uio Dominion of Conad >,, nor for any buHUinsH, hut «)lg|j|^|
cauHo of tho HtrnHH of woatln.' that had drivon nio thcTo. It was nicnt kindDMl
only that jtromittrd mo to ofl'or to land Sampson'H clothes there wlioro his friiDiiiI
conUI got thom. There was no prolit to tho veHsel, ennv, or myHelf expected IqiqI
iloinjj, or attempted to be jjained in entering the jiort of Arichat, other than sheli«|
<ioni MtreHH of weather we hail been nnder from Qn.ro Bank. ]

If any revenne law of Canada waH viol vted by my vohmoI or by myself tho HanifWi,!
(hnie throngh ignorance and inadvertence, and not with any intention todofrumiiiiJ
ruvenuo or offend tho law.

MURDOCK KEMP,

PerHonally appeared before nie Mnrdoek Kemp, at Proviucetown, State of Mm».|
chnsottH, United States of America, tliiH liTtli day of September, 188G, who subitctiwl
and nm<le oath to tho for>-going.

[SKAI-.] JAMES GIFFORD,

Notary Mk.

[Inolosuro No. 3.]
Affidavit of Henry Cook, mvvor of the schooner Pearl Nehon,

Personally appeared before mo, James Gifford, depnty collector of custoius at tbfl
port of Provincotown, in tlie District of Barnstablo and State of Massachusetts, thiil
'ifith day of September, 1886, Henry Coolt, of said Provincetown, who, beiug by me J
dnly sworn, deposes and says that he is a citizen of the United Stales of Aiueriia.aj
resident of said Provincotown, and managing owner of the schooner Pearl Nclsnn,!
of Provincetown, of which Mnrdoek Kemp was master dnring a tishiug voyaKitol
tho Grand Banks of Newfoandland, and which terminated on the 14th day of thiil
month by tho arrival of said vessel at this port. I

The affiant fnrthor deposes that [previonsf] to tho sailing of said vessol to tho (iraiid I
Banks he gave explicit instrnctious to Captain Kemp, as ho also did to five othcrtDas-l
tors of Bank tishing vessels, to not enter any Canadian port on said voyage, going to I
or coming from said lishing banks, nnless compelled to enter by disaster to tliovewll
or by stress of weather ; and hence tho nnisters were not supplied with any funds f;rj
themselves or their crews, nor anthorizcd to draw drafts on mo for payuiont of crewil
wages, or for any purpose but for repairs in case of meeting with serious disaster. I

Ho also deposes that tho crew of said vessel Pearl Nelson consisted of fifteen menl
besides Captain Kemp ; that flvo of them, viz, Cyprian Briand, Henry Bridiid, E«ii»j

Cardo, John McDonald, and William Babiuo were shipjjed in Frovmcfr I

town, and the l)alanco, viz, Alexander Cardo, William Bondrot, Albert Robin, Andrew I
Frazer, Jeffrey Landry, Henry Duong, Henry Sampson, Alfred Langley, E. II. C. Lisboi, I
Duncan McRae, and James Sampson, wore shipped in Boston, and were engagedwl
return directly to this port from the Grand Banks at tho end of the voyage; and thai I
excepting James Sampson, who was reported by Captain Komi) as lost on said banks, I
they did return to Provincotown, and wore discharged hero, and paid each one by I
draft on the First National Bank of Provincetown, which are now on file in etid I
bank. I

Tho affiant declares that if Captain Kemp violated any law of Canada in witerui?!
Arichat on tho 7th of September, 188G, he did it nnwititingly, and that the afflamj
feels that tho collection of tho $'.'00 fine impo,sed upon tho Pearl Nelson is iinwar-r
ranted by the circumstances under which tho entry into that port was made.

HENRY COOK.

• . ^-" ;i ; >* .'• '• [InoloanrelTo. 3.] • ' . ,

,.,;.;. ., , Affidavit of Willaim BaUno, cook of the Pearl Nehon.

Personally a))peared beforeme, James Gifford, depnty collector of customs oftlieporti
of Provincetown, district of Barnstable and Str.to of Massachusetts, this 27th dayoi
of September, 1886, William Babino, who, being by mo duly sworn, deposes and wyif

RIGHTS' OF AMKRICAN FISHERMEN.

470

<>(« intendodu]
I ''.inchargfdo,!
•liHcliiir(f(Ni.

rl.viui7o"d(Kk,|

1 imy intentim j

I, l>lltH()l«|y|,^|

ineru kindn(«|

expected inn|
:or than shtlt«|

If the name «ai I
I todofrauiltlKl

OCK KKMP.

State of Ma»|
who HubDctiMl

FFORD,
Notary i'uilic,

:* cnBtoiusatthel
SHachusett!i,tliil
10, heiug by Die I
!8 of America,* I
)!• Pearl Nelson,!
«biug voyage lol
[4 th day of thiil

;sel to the Graod I

five othcrmu-l

oyage.Komgtoj

Itertotlioveiwll

h any fumls (;t|

|ymentofcre»'s|

oiiH disaster.

[l of fifteen ineij

, Ikiaiul, Keoiiej

[umI in ProvinM-j

Kobin, Andrew I

E.U.C.Li8l)oi,J

ero engaged to I

lyage; andthjij

ou said banks, !

id each one bv I

on file in s»iiij

lida in mtcim
Ibat the affiiuiij
Klson is unw»t-f
Is made.
INRY COOK.

loinsofthepottl
|iis:^7thdayo(l
[■posesandMyil

hllicitervtMl as <'<»<>k <"' the Bchooiu^r Pcuil Ni'luon, of I'ioviiii'<!to\vii, of which Miir

y' li |^,,„ip was iiiaHtor, (luring a llHhin^ voyaj^o to the nrund HimkHof N<nvfoun(lhniA

k ilri'tiirii to IIhh port till) preHtMit tiHhiugHoaHon ; that h« Hhippt-d in Niiid vt'NHol in Hoh-

fe II Slati'of MasMuoliimuttH, to bo diHchitixed iu Provitu-otowti, in Hiiid State; tliat on

II liiiiiicwiiid |iaMMiin<t to thiH port tin- Huid vt'Hsol tuicoiintortHl ii Ht ronj; hciid wind with

lieavv wa iuhI a tliick f»»K, and wliilo otFtho (!OuHt of Capo llrtton, N. M., tho wind

pHiiig still ahi'i.d with tho Hoa, and tlio veMuel making Imt litth^ hcatlway towanlH her

Mination, t'itptiiin K«uip, without boforo oxprcHHin).; any iiiKMirion to rnn for that

larbor. sailed her into Arichat, N. 8. Arriving thoro ubout 11 o'clock on tho nij^lit of

jfptenibt'r 7, If^t'i i"<l liavinjj auchort'd tlic vchmoI, tho alllant and nino othcrMt>f tlio

Itrfwleft the vi'ssol an<l went aHhore, whore he ami tlioothtTH rciniiincil tlie rcHt of

Cbeiiigtit without pennisHion of thocnptain. VVo returned to tho vcHMel the t'oHowin^

VdraiiiL', ami about 10 o'clock that forenoon a flUHtonm otllcer canio aboard the I'oarl

■fNiaud sc./cd lier hooauso, aH ho declared, the nioii liad landed before the vohsoI

liM npcrti'd to tho cuHtom-liouHo ; that after the captain had ])aid a tine of $'JUO tho

liessflwa.s next day released, and Hi'ilod with all lier crew on l)onni for this port,

biiere they arrived Soptomher 14, 188(5, and wore hero all paid oil' iu full and dis-

Tbe affiant further doposos he had not prior to tho night cf ontorlng Arichat
leariltbe captain Hay anything about entering thero either for tho purpose of land-
liiK t'le ciotiieii and personal oftocts of JainoH Sanipson, ore of the crew, who liad been
list on the Grand Banks, and belonged to Arichat, or near there, nor lor any other ob-

tti.

He iiIdo deposes that neither he, nor, as he believos, neither of theO uicn who landed
iiih the affiant, took with them any goods or ritfectH wh itevor aslioro, nor had he or
liny any knowledge or suspicion th-it thoir landing was in violation of any law or
V'uiution of the Dominion of Canada.

WILLIAM ^'"'NO.

I [SEAL.]

JAMES GIFFORD,
Deputy Collector of Cutitomt.

Personally a,)poared before me James Gifford, deputy collector of tho port of
•roviiic^town, disti t of Barnstable and State of Massachusotts, at said Province-
^itu, this 27th day of September, 188(5, Moses N. Gitl'ord, cashier of tho First Nat'onal
in Provincotown aforesaid, and who being by nie duly sworn, doposob and
kys that ho paid, on the orders or chocks of H. &, S. Cook, a firm composed of
liury Cook and Sylvanns Cook, of this place, merchants and owners of fishing ves-
kls, the loUowiDg-namod persons the following sums to —

lenrySampsan $73 79

jlexander Cardo 113 70

Mrey Landry 11.^ r)2

lyprianBriand .. 17195

pimio Cardo 80 44

illiam Robin 170 80

iliredLangley 77 42

Henrv Duong $98 32

Emygdio A. C. Lisboa 118 19

Duncan McRae 97 40

Albert Robin 122 26

William Boudrot 119 44

Henry Briand 133 08

Andrew Frazor 117 70

ithe 15th of September, 1886, and that names of the perso.'is tlnis paid all appear aa
wvoii tho shipping articles of the schooner Pearl Nelson, of Provincetowu, signed
lythem at Provincotown and Boston, iu May, 1880, as appears by said articles.

MOSES N. GIFFORD,

Cashier.

[seal]

JAMES GIFFORD,
Deputy Collector of Customs.

: -^'' No. 106.
Mr. i aycrd to Mr. Woodbury.

Department of State,
Washington, October 15, 1886. '
[Sir : I have your letter of the 12tli instant, accompanied by sundry
Duavits, statinj; the deposit of $200 by tbe ntaster of the American
«g schooner Pearl Nelson, under the compulsion of the customs

480

EIGHTS OF AMERICAN FISHERMEN.

ofiicrvs at tlio port of Arichat, Cape Breton, tbe grouDd aliwfd u
tbis action by tbe oScials at Arichat being tbe unlawful landing of ty
crew of tbe Pearl Nelson before reporting at tbe custom-house. 1
Tbe case will be presented to the British niinister ^t tbiscapiu
and notification given to him Uiat compensation will be demauded f™
violation of the treaty privileges, should tb^ British Governinent k
found liable for bieacb of interuatiou'-d duty on examination of thelai
and facts. ,;- . . -

Your obedient servant,

' T. F. BAYARD.

ii;W.'

No. 107.

Mr. Steele to Mr. Bayard.

Gi-OircFSTER, MASS., October 18, 1886. [Eeceived Oct. 20,]

Sir: Tbe season is apt aching when American vessels have beeJ
rtccustoniod to buy herrin,, at the Grand Manan Island and viciDitTj
and bring them to Boston, Gloucester, New Y'ork, and riiiladelpliiii.'

The present position of the DouKuion Government as to that trad^
concerns our interests greatly, and the flsh trade desire to be inibriD&
whether that Government now considers tbe purchase ot herring :
ojieu to American vessels, either when registered or licensed, wlthperj
mit to trade.

We do not wish to explore their power of seizing or detaining thm
vessels, or of inliicting tinc^. If they object to our vessels continuing
in that business, we prefer to keep away from those shores until thel
Dominion Government is better advised.

1 apply to you for tbis information, which our merchants need, because!
I know of no other mode of obtaining it in a reliable shape.

I am, &c.

■ GEO. STEELE,
President American Fishery Union.

P. S. — This trade in winter herring has been carried on in ourvesseijj
almost exclusively for many years, and fifty or a hundred cargos conje]
in usually during the fall, winter, and spring.

They are largely consumed as food, and to some extent used as kitj
in our winter fishing to Georges and the Banks.

It is very rare for a British vessel to bring herring to our port*.

No. 108. ^ ^ '

, ^ Mr. Bayard to Mr. Steele.

, .... r ,u Department of State,

_ .^.^..-- .,- Wa:ihinrton,Ocioh>'20,im.

SiE: I have just received your letter of the 18th instai;f, inquiring «
me wheth' . American fishing vessels, registered as such, and furnishedl
with license to touch and trade in foreign ports, can proceed to Cana-j
dian ports, there to purchase and bring home cargoes of liernng, w* •
out danger of molestation by the local authorities of th*: lyomiuion.

leouutries, as

RIGHTS OF AMERICAN FISHERMEN.

481

ilELE,

Union.

As vou are well aware, a coustruction has been placed by tLe Do-
Iminion aatborities upon the language of the treaty of 1818 between the
[united States and Great Britain under which they have assuzned to
lexcliule American fishing vessels from enLrance into certain described
f ♦erritorial waters of Canada for any other than the three objects in the
ttreatv mentioned - shelter, repairs, and to obtain wood and water — aud
[liave insisted that the words " and for no other purpose whatever" were
[to be rigidly enforced according to the strict letter.

This positiou, I need not say to you, is not accepted by the United
ISiates, but is repelled and denied, and that thi^i Department is now en-
ideavoring to secure such a joint interpretation of the treaty in question,
Icoiisideied in connection with the subsequent legislation by GreatBritaiu
laDdtbe United States creating commercial rights in the citizens of both
iwuiitritvs, as will enable our vessels, whether engaged in fishing or not,
Ito enter tbe established ports of entry of British North America and
liinreiiase lawfnl merchandise of any character in open market.

Tbe United States have no diplomatic intercourse with Canada, but
Stomluct all such matters directly with the imperial Government, through
Its minister at this capital or through our own minister at St. James.
This rrtates circumlocution and delay which is unavoidable.
It is my object to relieve the question of the rights of our fishermen
0111 all uncertainty,, and to obtain such a conceded, unambiguous, and
Clear 'lefinition of their rights and duties in Canadian ports and waters
b will enable them to pursue their )egitimat43 business with certainty,
Jndin this duly I an now engaged.
It would be well for you to state whether the vessels so sent to pur-
base herring arc to be manned and fitted out so as to be able to take
Ish or to trade only.

Wli"ii 1 have received your answer on the last point I will at once
l^ideavor to obtain a plain response to your reasonable question, and
I communicate a reply at the earliest i^racticable moment.
Respectfully, &c.,

T. F. BAYARD.

sed as bait|
lortii.

20, 18S6.
iquiriiigofj
I furnishedj
to Cana-I
ing, f itii-f
QJuion.

No. 109. ' ■ . "

Mr. Steele to Mr. Bayard. • - '

{iLOUCEbTEE, Mass., October 25, 188G. [Received Oct. 27.J

i SiK: I havo the pleasure to iicknowludge the receipt of your hitter

Pted Octobor 20,

piy original inquiry referred both to vessels und<ir license and to

|ose sailing under a register. Your letter satisfies the inquiry as to

p licensed for the fisheries.

1 "0 still desire to be informed «8 to whether vessels under registry

T the United States will be allowed to enter it Grand Manan and other

jirts, and load and export herring to the United States.

Jbuch vessels will bo manned by a sailing crew, on wag'js, anri not by

iMing complement of sharetcen, nor will they carry the fishing gear

m such vessels use when fishing under a fishing license.

J-lie fishing interests, I assure you, appreciate the courtesy of your

»r to procure this information seasonably for them.
1 reiDuin, &o.,

GEO. STEELE,
I' resident of the American Fishery Union.

3. Ex. 113 31

' i)-5-*h

IV.-EXTENSION OF CERTAIN FISHING RIGHTS UNDER THl]

TREATY OF WASHINGTON.

No. 110.

[ Senate Ex. Du«. Ko. 82, Forty-nintb CongroHS, first scgRiou.J

MESSAGE FROM THE PRESIDENT OF THE VNITED STATES, TUAWml
j'nva, /iV RESPONSE TO SENATE RESOLUTION OF o AN VARY ■,, l.*|
INFORMATION RELATIVE TO THE EXTENSION OF CERTAIN FlklSti
RIGHTS UNDER THE TREATY OF WASHINGTON.

Jakuauv 12, 1880.— Head and referred to tlie Cammittco oo foreign Kelationa and ordered to i)«|irinlrt I

To the Senate: " .

I tratiismit herewith, in response to a resolution of the Swiateof I
5th instant, a report of the Secretary of State containing all tliiMunH
spondeuceand information in thecustody of his Department rchitivt.' to
the extension of certain fishing rights and privileges under the treaivl
of Washington from July 1, 1885, to January 1, 188().

GROVEE CLEVELAND,
Executive Mansion,

Washington, January 12, 1886.

To tho President:

In compliance with the resolution of the Siuuite of January 5, 1881
I herewith transmit a copy of all the corresi)ondence between tbis M
partmentaud the representative of the Government of Great Britain il
relation to the extension of certain fishing rights and privilej^es undcf
the treaty of Washington from July 1, 1885, to January 1, 11S8<'>.

Ah part of this transaction the following paragraph of your late uies
sage to Congress seems appropriate for consideration in coiuiection wit|
the correspondence:

Tbo termination of tho fishing c'lansea of the treaty of Wasbinston, iu piiwiiaiij
of tho joint rosoliitiou of March '3, 1883, must have resulted in tho abrupt te»8alioiil
tho Istof July of this year, iu the midst of their ventures, of tbo oiieratious of dtufj
of the United States engajjcd in fis'iiug in British American watta's, Imt for adw
matic understanding reached with Her Majesty's (>overnnieut in Juno last, wIhtoI
assurance was obtained that no iiiterrnpti'm of those operations slionld takepii^
during the current fishing season.

Iu tbo interest of good uoighborhood and of tho commercial iutorcoiirseofadjat'fl
communities, the question of North Americafi fisheries is one of iiuitli iiii|iorfaiiq
Following out the intimation given by mo when the exteusory arrangoiMt'iiral>o>'j
scribed was negotiated, i recommend that the Congress jirovitlo for tbo apiniintuj'
of a commission, in wh>ch the Governments of the United States nud GrciitBriH
shall bo respectively represented, charged with the consideration and syttlnuieu'' "PI
a just, equitable, and honorable basis, of the entire question of the iIhIiIur rigniij
the two Goverumer ts and their respoctivo citizens on the coasts of tlio United oi'"
482

RIGHTS OF AMERICAN FISHERMEN.

483

DER THE

L|i British North America. The fishing interests being intimately related to other
Keuiralqiu'stioDS dependent upon contiguity and intercourse, consideration thereof,
Ifuailtbtir equities, might also properly come within tho purview of such a commis-
lii' II, iind the fullest latitude of expresaion on both sides should bo permittiod.

lii'Si)ectl'iilly submitted.

• ' T. F. BAYARD.

Department of State, ; ' • • '

January 12, 1886. 7

AiiKEEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN RE-
SPECTING THE FISHERIES. CONCLUDED JUNE 22, 1885.

NOTICE.

, TRASsmn

ARY fi, l'!«,|

I'lltok'iiralt^l

MM I ate of tlw|
all the corre-
lit relative to!
lor the treatj!

VELAUD,

iiiary <'», ^^
iwecii this ^
Uit Britain i
lvik'{:e8 uiul«|

188t'.
•bur late «ie<
[miection wil

1)11, ill piiffiianj
Tii,it eessationi
litioiiaiifi''''"!
rimt foratliPj
lio last, wM
[ivoiiltl takeri«j

|)iirse i>n'<li '"■'■',
lucU iiuii'irtanfl
Iroim'iitnl"'^'^'^

rtbe apV"'""";
lid Grcut lln"
rBettleuiei't.«P"

llWiitiS'"'0
llio United «"^

By direction of tbo President, the nndersigued, Secretary of State,

lerel.y makes known to all whom it may concern that a temporary

Biploiiiatic njjrcement has been entered into between the Government

ftlie United States and the Government of Iler Britannic .Majesty in

Mm to tlie lisiiinj*' privilejjes which were granted by tlie fishery

pauses of the treaty between the United States and Great Britain of

Bays, 1871, whereby the privilege of fishing, which would otherwise

fcaveteriiiiuuted with the treaty clauses on the Ist of July i)roximo,

bin omit imu' to be enjoyed by the citizens and subjects of the two

louiitries engaged in lishing operations thronghont tlie season of 1885.

This agreement proceeds from the mutual goodwill of the two Gov-

iriinii'iiis, and has been reached solely to avoid all misunderstanding

Inildifliculties which might otherwise arise from the abrupt termination

tltlie fishing of 1885 in the midst of the season. The immunity which

I accorded by this agreement to the vessels belonging to citizens of

he United States engaged in fishing in the British American waters

|ill likewise Ite extended to British vessels and subjects engaged in

Isliiiig ill the watt-rs of the United States.

[The joint resolution of Congress of March 3, 1883, providing for the

irminatioii of the fishing articles of the treaty of May 8, 1871, having

Waled ill terms the act of March 1, 1873, for the execution of the fish-

li; articles, iindthat repeal being express and absolute from the date

I die termination of the siid fishing articles, under due notification

Vn and luoclaimed by the President of the United States, to wit,

ply 1, 18S5, the present temporary agreement in no way affects the

pcstion of statutory enactment or exemption from customs duties, as

Uiiicli the abrogation of tho fishing articles remains complete.

A-'liai't ol this agreement, the President will bring the whole quei^

on of the tislieries before Congress at its next session in December,.

bd recommend the appointment of a joint commission by the Govern-

Viitsof the United States and Great Jiritain to consider the matter, in

le interest cf maintaining good neighborhood and friendly intercourse

Itween the two c ;<untries, thus aflbiding a i)ro8i)ect of negotiation for

|e development and extension of trade between the United States and

Jitish North America.

ICopies of the memoranda and exchanged notes on which this tempo-
rv agreement lests are appended.

JKetercnce is also made to the President's proclamation of January
il985, terminating the fishing articles of tho treaty of Washington.
By direction of the President:

T. F. BAYAKD,
Secretary of State,

484

RIGHTS OF AMERICAN FISHERMEN.

Appendices.

1. Mr. West's memorandum of March 12, 1885.

2. Mr. Bayard to Mr. West, memorandum of April 22, 1885.

3. Mr. West's memoranda of June 1:3, 1885.

4. Mr. Bayard to Mr. West, June 19, 1885.

5. Mr, West to Mr. Bayard, June 20, 1885.

6. Mr. Bayard to Mr. West, Juno 20, 18&'').

7. Mr. Bayard to Mr. West, June 22, 1885.

8. Mr. West to Mr. Bayard, June 22, ISOi.
President's proclamation, January 31, 1885.

1. — Mr. WesVtt memorandum of March 12, 1885,

[ aletnoranduu. — Confidential. 1

The fishery clauses of the treaty of "W ashington of 1871 will expin
ou the Ist of July next. It has been represented by the Canadian Govl
ernment that much inconvenience is likely to arise in consequence, nnj
less some agreement can be made fbr an extension of the period.

When the time comes (Ist of July next) American ships will be acta!
ally engaged in fishing within the territorial waters of the DominioD.j
These vessels will have been fitted out for the season's fishing and liava
made all their usual arrangements for fbllowing it up until its tertniDal
tion in the autumn. If, under these circumstances, tlie provincial of
municipal authorities in Canada were to insist upon their strict rights,
and to Compel such vessels, under pain of seizure, to desist from fishind
considerable hardship would be occasioned to the owners, and afeeliu^
of bitterness engendered on both sides, which it is clearly the iuteresq
of both Governments to avert.

It seems, therefore, desirable, in order to avoid such possible coinJ
plications, that both Governments should come to an agreement uuden
which the clauses might be in effect extended until the 1st of JannaiyJ
1886.

If this were done the existing state of things would come to an en^
at a date between the fishery season of 1885 and that of 1886, and s
abrupt transition at a moment when fishery operations were being car|
ried on would be thus avoided,

Washington, March 12, 1885.

i

2.— Mr. Bayard to Mr. West, April 22, 1885,

[Memorandum of April 22, 1885. — Peraonal.]

Department of State,
WasUngton, April 22, 1885.
Dear Mr. West : I have on several occasions lately, iu conversatioj
acquainted you with my interest in the fisheries memorandum ^flu«[
accompanied your personal letter of March 12.

Several informal talks I have had with Sir Ambrose Sbeahave*
abled me to formulate the views of this Government upon the prop
tion made in behalf of the Dominion and the Province of Newtoa
land, and I take pleasure in handing you herewith a memoraDdai

EIGHTS OF AMERICAN FISHERMEN.

485

embodying tbe results. If this suits, I shall be happy to conflrm the
arrangement by an exchauge of notes at your early couvenience.
"l ani, my dear Mr. West, very sincerely yours,

T. F. BAYARD.
The Hon. L. S. Saokville West, &c.

MEMORANDUM.

The legislation passed by the Congress of the United States, act of
1 March 1, 1873, for the execution of the fishery articles of the treaty
[of Washington, has been repealed by the joint resolution of March 3,
3, the repeal to take effect July 1, 1885. From that date the effects
[ottbe fisheries articles of the treaty of Washington absolutely deter-
jmiue, so far as their execution within the jurisdiction of the United
States is concerned, and without new legislation by Congress modifying
[oriiostponing that repeal the Executive is not constitutionally compe
[tent to extend the reciprocal fisheries provisions of the treaty beyond
|tlie 1st of July next, the date fixed by the action of Congress.

Mr. West's memorandum of March 12, 1885, suggests the mutual
[practical convenience that would accrue from allowing the fishing ven-
eres commenced prior to July 1, 1885, to continue until the end of the
icasou for fishing of that year, thus preventing their abrupt termina-
|tion in the midst of fishing operations on the 1st of July.

It has been, moreover, suggested on the part of the Province of New-
foundland and of the Dominion of Canada, that in view of the mutual
enefit and convenience of the present local traffic, consisting of the
barchase of ice, bait, wood, and general ship supplies by the citizens of
[lit United States engaged in fishing from the inhabitants of the British
Siincrican fishing coast, the usual operations of the fishing season of 1885
khould be cobtinued by the fishing vessels belonging to citizens of the
Tnited States imtil the end of the season of that year, and that the local
hnthorities of Newfoundland and of the Dominion of Canada, in a spirit
kf amity and good neighborhood, should abstain from molesting such
Isliermen or impeding their progress or their local traffic with the in-
kabitants incidental to fishing during the remainder of the season of
|88o, and all this with the understanding that the President of the
Pnited States would bring the whole question of the fisheries before
Congress at its next session in December, and recommend the appoint-
ptof a commission in which the Governments of the United States
H of Great Britain should be respectively represented, which commis-
lon should be charged with the consideration and settlement, upon a
p, equitable, and honorable basis, of the entire question of the fishing
iglitsof tlie two Governments and their respective citizens on the coasts
ytlie United States and British North America,
i The President of the United States would be prepared to recommend
Jc adoption of such action by Congress with the understanding that
I view and in consideration of such promised recommendation there
lonld be no enforcement of restrictive and penal laws and regulations
T tlio authorities of the Dominion of Canada or of the Province of New-
Pidland, against the fishermen of the United States resorting to Brit-
"> American waters between the ls<; of July next and the close of the
tsent year's fishnig season ; the mutual object and intent being to
Pt any annoyance to the individuals engaged in this business and
»uic, and the irritation or ill-feeling that might be engendered by a

486

RIGHTS OF AMEEICAN FISHERMEN.

harsh or vexatious enforcement of stringent local regulations on ttel
fishing coast pending au effort to have a just and amicable arrange I
ment of an important and somewhat delicate question between the two!
nations. j

Public knowlenge of this understanding and arrangement can be]
given by an exchange of notes between Mr. West and myself, whicJ
can be given to the press.

3. — Mr. WesVs memoranda of June 13, 18S5.

I Memoranda.]

It is proposed to state in notes according temporary arrfiigementi
respecting fisheries that an agreement has been arrived at under cirl
cumstauces affording prospect of negotiation for development and ei|
tension of trade between the United States and British North Americi

The government of Newfoundland do not make refunding of duties i
condition of their acceptance of the i)roposed agreement, but tbeyrelS
on it having due consideration before the international commissioJ
which may bo appointed.

4. — Mr. Bayard to Mr. West, June 19, 1885.

[Confidential.]

Depabtiient of State,

Washington, June 19, 1885. i

My Dear Mr. West : I assume that the two confidential memoraDd
you handed to me on the 13th instant embrace the acc«ptance by th
Dominion and the British American coast provinces of tlio genen
features of my memorandum of April 21, concerning a temporaryj
rangement respecting the fisheries, with the understanding express*
on their side that the "agreement has been arrived at under circnnl
stances affording prospect of negotiation for development and extensioj
of trade between the IJnited States and British North America."

To such a contingent understai^diug I can have no objection. Indee*
I regard it as covered by the statement in my memorandum of Mayl
that the arrangement therein contemplated would bo reached "willit
understanding that the President of the United States would bring tM
whole question of the fisheries before Congress at its nextsessionf
December, and recommend the appointment of a corarai.ssion in wli
the Governments of the United States and of Great Britain shonlil
respectively represented, which commission should be charged with I
consideration and settlement, upon a just, equitable, and bouorabj
basis, of the entire question of the fishing rights of the two Govfrj
ments and their respective citizens on the coasts of the United Statj
and British North America."

The equities of the question being before such a mixed coniniis
would doubtless have the fullest latitude of expression and treatnuj
on both sides; and the purpose in view being the maintenance off
neighborhood and intercourse between the two countries, tbe rer
meudation of any measures which the commission miglit deem nei
sary to attain those ends would seem to fall within its province, i
such recommendations could not fiil to receive attentive consideratKl

RIGHTS OF AMERICAN FISHERMEN.

487

I am not, therefore, prepared to state limits to the proposals to be
brought forward in the suggested commlssiou on behalf of either party.

I believe this statement will be satisfactory to you, and I should bo
pleased to be iu formed at the earliest day practicable of your acceptance
of tbeundtuvstanding on behalf of British North America ; and by this
simple exchange of notes and memoranda the agreement will be com-
pleted in season to enable the President to make the result publicly
known to the citizens engaged in the fishing on the British American
Atlantic coast.

1 have the honor to be, with the highest respect, sir, your obedient

servant,

T. F. BAYARD.
The lion. L. 8. Sackville West.

5. — Mr, West to Mr. Bayard, June 20, 1885.

[Confidential.]

■% British Legation,

Washington, June 20, 1885.

My Deaii Mr. Bayard : I beg to acknowledge the receipt of your
confidential note of yesterday's date, concerning the proposed tempo-
rary arrangement respecting the fisheries, which I am authorized by
Her Majesty's Government to negotiate with you on behalf of the Gov-
ernment of the Dominion of Canada and the government of Newfound-
laud, to be effected by an exchange of notes founded on your memo-
raudiim of the 21st of April last.

The two confidential memoranda which I handed to you on the 13th
instant contain, as you assume, the acceptance by the Dominion and
the British American coast provinces of the general features of your
above-mentioned memorandum, with the ixnderstanding expressed on
their side that the agreement has been arrived at under circumstances
affording prospects of negotiation for the development and extension of
trade between the United States and British North America, a con-
tingent understanding to which, as you state, you can have no objec-
tion,as you regard it* as covered by the terms of your memorandum
of April 21.

In authorizing me to negotiate this agreement. Earl Granville states,
as I have already had occasion to intimate to you, that it is on the dis-
tinct understanding that it is a temporary oiie, and that its conclusion
must not be held to prejudice any claim which may be advanced to
^ more satisfactory equivalents by the colonial governments in the course
j of the negotiation for a more permanent settlement. Earl Granville
further wishes me to tell you that Her Majesty's Government and the
I colonial governments have consented to the arrangement solely as a
mark of good will to the Government and people of the United States,
and to avoid difficulties which might be raised by the termination of
the fishery articles in the midst of a fishing season ; and also the ac-
[ceptance of such a modus vivendi does not, by any implication, affect
the value of the inshore fisheries by the Governments of Canada and
Newfoundland. I had occasion to remark to you tl. it while the colonia I
governments are asked to guarantee immunity from interference to
American vessels resorting to Canadian waters, no such immunity is

488

RIGHTS OF AMERICAN FISHERMEN.

oflfered in your menioraudum to Cauadian vessels resorlinp; to American]
waters, but that the Uoiuiuion Goverument presumed that theaf,'reen)eDt
in this respect would be mutual. As you accepted this view, iTwould
think, be as well that mention should be made to this effect in the notes

Under the reservations, as above indicated, in which I believe yon j
acquiesce, I am prepared to accept the understanding on beiialfof!
British North America, and to exchange notes in the above sense. !

1 have the honor to be, with the highest respect, sir, your obedient
servant,

L. S. SACKVILLE WEST.

Hon. T. F. Bayard, &c.

s ; :, r^ 0 Mr. Bayard to Mr. West, June. 20, 1885.

• Department of State,

Washington, June 20, 1885.

Sir : I have jast received your note of today's date in regard tot.iel
proposed temporary arrangement touching the fisheries.

Undoubtedly it is our clear and mutual understanding that the ar-
rangement now made is only temporary, and that it proceeds fromtliej
mutual good will of our respective Governments, and solely to avoid all
difficulties which might otherwise arise from the termination of the'
fishing of 1885 in the midst of the season.

I understand, also, that the same immunity which is accorded bytbisj
agreement to the vessels belonging to the citizens of the United States,}
engaged in fishing in the British American waters, will be extended toj
British vessels and subjects engaged in fishing in the waters ol' tliej
United States. Perceiving, therefore, no substantial difference between!
our respective propositions and these statements as contained in our j
correspondence on the subject, I shall consider the agreement as em
bodied in our memoranda and the correspondence between us awl as]
thus concluded ; and public notification to that effect will be given ina]
few days by the President.

1 have the honor to be, with the highest consideration, sir, your obe]
dient servant,

T. F. BAYAliD.

The Hon. L. S. Sackville West, &3.

7.— Mr. Bayard to Mr. West, June 22, 1885.

Department of State,
Washington, June 26, 1885.
Sir : lu compliance with your verbal request of this morning tbat I|
should restate part of my note to you of tiie 19th, I repeat thattbearj
rangement, whereby a modus vivendi on the fishing question has been!
reached, rests on the memoranda and correspondence exchanged; thatj
your memorandum of the 13th instant expressed the understanding on j
vour side that the " agreement has been arrived at under circumstancwj

RIGHTS OP ABIERICAN FISHERMEN.

489

aflbrding prospect of »egotiation for development aud exteosit ii of trade
between tbo United States and British North America " ; that I not only
had no objection to such an understanding, but, in fact, regarded it
38 amply embraced in our proposal to recommend a (ioramission to
tlciil witii the whole subject in the interest of good neighborhood and
intercourse, and that tlie recommendation of any measures which the
eommiasion might deem necessary to attain those ends would seem to
tall within its province, and such recommendations could not fail to have
attoutive consideration.
Having thus not only admitted the proviso of your memorandum in
vourowu language, but gone still further and pointed out that no limits
ffonld be set, so far as I was concerned, to the proposals to be brought
forward in the suggested commission on behalf of either party, I do not
see bow it is possible for me to give any stronger assurance that the
I understanding has " been reached under circumstances aflbrding a pros-
! ])ectof negotiation for the development and extension of trade between
I the United States and British America."

I have the honor to be, with the highest considenttion, sir,

T. F. BAYARD.

The Hon. L. 8. Saokville West, &c.

8.— Mr. West to Mr. Bayard, June 22, 1885.

Washington, June 22, 1885.

SiE: I have the honor to acknowledge the receipt of your notes of
|tlie20th and 22d instant in regard to the proposed temporary arrange-
linent touching the fisheries, in which you state that it is our clear and
jniataal understanding that such arrangement is only temporary, and
jthat it proceeds from the mutual good-will of our respective Govern-
jments, and solely to avoid all diificulties which might otherwise arise
ifiromthe termination of the fishing of 1885 in the midst of the season.
lAlso that the same immunity which is accorded by this Government to
|the vessels belonging to the citizens of the United States engaged in
: in the British American waters will be extended to British ves-
! and subjects engaged in fishing in the waters of the United States,
1 that the agreement has been reached under circumstances afford-
ling a prospect of negotiation for the development and extension of trade
|betweeu the United ^.tates and British North America.

As therefore there exists no substantial difference between our re-
jspective propositions and the statements as contained in our corre-
Ispondence on the subject, I shall consider the agreement as embodied
|in our memoranda and the correspondence between us as thus con-
cluded, and shall inform Her Majesty's Government and the Govern- ,
Jientfiof the Dominion of Canada and Newfoundland accordingly.
I have the honor to be, with the highest consideration, sir, your obo-
iKsnt servant,

L. S. SAOKVILLE WEST.
Hon. T. P. Bayard, &c.

490 BIGHTS OF AMERICAN FISHERMEN.

BY TBK PRRBIDENT OF TUK UNITED STATES OF AMZKICA.

A PROCLAMATION.

Whereas the Treaty couclu'led between tbe United States of Aiuerial
and her Majesty the Queen of Great Britain and Ireland, coiicliKlpdntJ
Washington on the 8th (hiy of Mav, 1871, contains among other ArtidMi
the following, viz :

" Article XVIIl."

" It is agreed by the High Contracting Parties that, in addition tol
the liberty secured to the United States fishermen by the ConventioDi
between the United States and Great Britain, signed at London on tliej
20th day of October, 1818, of taking, curing, and drying tisb on cortainj
coasts of the British North American Colonies therein defined, tlieinf
habitants of the United States shall have in common with tlio subjcctJl
of Uer Britannic Majesty, the liberty, for the term of years nieutioudl
in Article XXXIII of this Treaty, to take fish of ever> I iud, exceptj
shell fish, on the sea coasts and shores, and in the bays, harbors, anj
creeks, of the Provinces of Quebec, Nova Scotia, and New Enuiswickl
and the Colony of Prince Edward's Island, and of the several islaiidi
thereunto adjacent, without being restricted to any distance from M
shore, with permission to land upon the said coast and shores m
islands, and also upon the Magdalen Islands, for the purpose of drying
their nets and curing their fish; provided that in so doing tliey donoi
interfere with the rights of private property, or with Britisli fislierDieDj
in the peaceable use of any part of the said coasts in their occupancl
for the same purpose.

" It is understood that the above-mentioned liberty applies solely t^
the sea fishery, and that the salmon and shad fisheries, and all othei
fisheries in rivers and the mouths of rivers are hereby reserved excli^
sively for British fishermen."

"Article XIX."

"It is agreed by the High Contracting Parties that British sub
shall have, in common with the citizens of tlie United States, the lilj
erty, for the term of years mentioned in Article XXXIII of this Treatj
to take fish of every kind, except shell-fish, on the eastern seacoastj
and shores of the United StJites north of the thirty -ninth parallel (
north latitude, and on the shores of the several islands thereunto adjJ
cent, and in the bays, harbors, and creeks of the said sea-coasts m
shores of the United States^ and of the said islands, without being r
stricted to any distance from the shore, with permission to land up
the said coasts of the United States and of the islands aforesaid, fortll
purpose of drying their nets and curing their fish; provided that, ins
doing, they do not interfere with the rights of private property, or wiU
the fishermen of the United States in the peaceable use of any part(
the said coasts in their occupancy for the same purpose. ,

" It is understood that the above-mentioned liberty applies solely
the sea fishery, and that salmon and shad fisheries, and all other lisl
eries in rivers and mouths of rivers, are hereby reserved esclusivelyr
fishermen of the United States."

"Article XX."

" It is agreed that the places designated by the Commissioners i

pointed under the first Article of the Treaty between the United Sta«

and Great Britain, concluded at Washington on the 5th of Jimetl^

npon the coasts of Her Britannic Majesty's Dominions and the Vm

RIOIlTfl OP AMERICAN FISHERMEN.

491

States, as places reserved from the coniiuou right of flshiug under that
Treaty') sliall he regarded as in like manner reserved from the common
rifflit of li«liiug under the preceding articles. In case any question
gboiild arise between the Governments of the United States and of Her
jiritanuic Majesty as to the common right of fishing in places not thus
designated as reserved, it is agreed that a commission shall be aj)-
pointed to designate such places, and shall be constituted in the same
uiaiiuer, aud have the same powers, duties, and authority as the Com-
niission appointed under said first Article of the Treaty of the 5th of

Juno, 1854."

' ^'Article XXl."

"It is agre'^d that, for the term of years mentioned in Article XXXIII
of tbis Treaty, fish oil aud fish of all kinds, (except finh of the inland
lakes and of the rivers falling into them, and except fisl: preserved in
oil,) being the produce of the fisheries of the United States, or of the
Dominion of Canada, or of Prince Edward's Island, shall be admitted
•iito each country, respectively, free of duty."

"Article XXII."

"Inasmnch as it is asserted by the Government of Iler Britannic Maj-
esty that the privileges accorded to the citizens of the United States
iiuiler Article XVIII of this Treaty are of greater value than those ac-
corded by Articles XIX aiid XXI of this Treaty to the subjects of Her
Britannic Majesty, and this assertion is not admitted by the Govern-
ment of the United States, it is further agreed that Commissioners shall
be appointed to determine, having regard to the privileges accorded
bythe United States to the subjects of Iler Britannic Majesty, as stated
iuArtieles XIX aud XXI of this Treatj^, the amount of any compensa-
tion which, in their opinion, ought to be paid by the Government of the
United States to the Government of Her Britannic Majesty in return
lor tlie privileges accorded to the citizens of the United States under
Article XVIIl of this Treaty; and that any sum of money which the
m\ Commissioners may so award shall be paid by the United States
Government in a gross sum, within twelve months after such award
sball Lave been given."

"Article XXIII."

"The Commissioners referred to in the preceding Article shall be ap-
liointed in the following manner, that is to say : One Commissioner shall
be named by the President of the United States, one by Her Britaunic
Miijesty, and a third by the President of the United States and Her
Britannic Majesty conjointly ; and in case the third Commissioner shall
not have been so named within a period of three months from the date
when this article shall take effect, then the third commissioner shall be
nanieil by tiie Representative at London of His Majesty the Emperor of
Austria and King of Hungary. In case of the death, absence, or in-
capacity of any commissioner, or in the event of any Commissioner
omitting or ceasing to act, the vacancy shall bo filled in the manner
liereiiibefore provided for making the original appointment, the period
of three months in case of such substitution being calculated from the
•lateof tjic happening of the vacancy.

"The (Jouniiissioners so named shall meet in the City of Halifax, in
tlie Province of Nova Scotia, at the earliest convenient period after they
liavebeen respectively named, and shall, before proceeding to any busi-
ness, make and subscribe a solemn declaration that they will impar-
tially aud carefully examine and decide the matters referred to them to

492

RiailTS Oy AMERirAN FISUEKMEN.

tlio best of t'leir jiul^jfinciif, and accordiii}? to jiiHtice and ((luity an
Bucl) declaration Hball \m entered on the record of their pioceediiigs.

"Each of the Ilipfh Contracting Parties shall also name one person to I
attend the Coinini.sHit)n as its agent, to represent it generally in all mat.
ters connected with the Commission."

"Article XXIV."

"The proceedings shall bo conducted in such order as the Commit j
sioners appointed under Articles XXII and XXIII of this Treaty shall
determine. They shall be boun<l to receive such oral or written testi I
mony as either Government may present. If either Party sLall offerl
oral testimony, the other Party shall have the right of cross examiiia.j
tion, under such rules as the CommiswionerH shall prescribe.

"If in the case submitted to the Commissioners either Party sliall I
have specified or alluded to any report or document in its own exclal
sive possession, without annexing a copy, snch Party shall be bouii(l,i(j
the other Party thinks projier to apjjly for it, to furnish tliatrartj-ffithl
a copy thereof; and eitlier Party may call upon the other, through thei
Commissioners, to produce the originals, or certified copies of any pa- 1
pers adduced as evidence, giving in each instance such reasonable uutke J
as the Commissioners may require.

"The case on either side shall be closed within a period of six moutbjl
from the date of the organization of the Commission, and tlie Commis
sioners shall be requested to give their award as soon as possible tlicre j
after. The aforesaid period of six months may be extended for tlirecj
months in case of a vacancy occurring among the Cornuiissionersundetj
the circumstances contemplated in Article XXIII of this Treaty."

"Article XXV."

" The Commissioner shall keep an accurate record and correct mini
xxtea or notes of all their proceedings, with the dates thereof, and niayj
appoint and employ a secretary and any other necessary oflicerorc
cers to assist them in the transaction of the business which may come]
before them.

" Each of the High Contracting Parties shall pay its own Comniisl
sionei' and agent or counsel ; all other expenses shall be defrayed bjj
the two Governments in equal moieties."

"Article XXX."

" It is agreed that, for the term of years mentioned in Article XXXIIII
of this Treaty, subjects of Her Britannic Majesty may carry in BritishI
vessels, without payment of duty, goods, wares, or merchandise fromj
one port or place within the territory of the United States upon the 81.1
Lawrence, the Great Lakes, and the rivers connecting the same, toj
another port or place within the territory of the United States aa afore' j
said : Provided, That a portion of such transportation is made tbroagbj
the Dominion of Canada by land carriage and in bond, under such rules!
and regulations as may be agreed upon between the Government of flerj
Britannic Majesty and the Government of the United States. I

" Citizens of the United States may for the like period carry in UdMI
States vessels, without payment of duty, goods, wares, or merchandiMl
from one port or place within the Possessions of Her Britannic Majestyj
in North America to another port or place within the said Possessions;!
Provided, That a portion of such transportation is made through th«l
territory of the United States by land carriage and in bond, under Bad j

AIQHTS OF AMERICAN FISHERMEN.

4!).'{

CommiS'l
frayed bjl

r'iu Unitedl

iron

ghtbel

riik's iiiul regulations as may ho agreed upon betwtnon the Ooverninont

ilip I'liited States and the Oovernmer.t of Her Britaunio Majesty.

llie (iovi riiment of the United States further iMigages not to impose

export tluties oa goods, wares, or mercliamlisc carried under this

ulotbr()iit;li the territory of the United State-; and Her Majesty's

I liovi'i'iimt'iit/ engages to urge the Parliament of the Dominion of Canada

ami tlio Legislatures of *^'»3 other colonies not to impose any exi)ort

duties on goods, wares, or merchandise carried under this articles and

the Oovcrnincnt of the United States may, in case such export (luties

arc imposed by the Dominion of Ciinada, suspend, during the period

tiiatsucli duties are imposed, the right of carrying granted under this

I article in fiivor of tbe subjects of Her Britaunio Majesty.

"The (iovernment of the United States may suspeiul the right of

carryiu},' granted in favor of the subjects of Uer Britannic Majesty

1 aiider this article, in case the Dominion of Canada should at any time

i deprive the citizens of the United States of the use of the canals in the

[ KiiilDoininion on terms of equality with the inhabitants of the Domin-

i iou, as provided in Article XXVll."

"Article XXXII."

"It is further agreed that the provisionb and stipulations of Articles
IXVllI to XXV of this Treaty, inclusive, sliall extend to the Colony of
U'ewfoundland, so far as they are applicable. But if the Imperial Par-
liament, the Legislature of Newfoundland, or the Congress of the United
States, shall not embrace the Colony of Newfoundland in their laws
ciia'^tetl forearrying the foregoing articles into etfect, then this article
siiall be of no effect; but the omission to make provision by law to
giveitefl'ect by cither of the legislative bodies aforesaid, shall not in
[any way impair any other articles of this Treaty."

And, whereas, pursuant to the provisions of Article XXXIII of said

[Treaty, due notice has been given to the Gcernmeut of Her Britannic

Majesty of the intention of the Government of the United States of

America, to terminate the above recited article of the Treaty in ques-

ttion, on the Ist day of July, 1885 ;

And, whereas, ])ursuaut to the terms of said Treaty, and of the notice
JKiveu thereunder by the Government of the United States of America
jtotbat of Jler Britannic Majesty, the above recited articles of the Treaty
lof Washington, concluded May 8, 1871, will expire and terminate on
[tlie Ist day of July, 1885:

Now, therefore, I Chester A. Arthur, President of the United States
[of America, do hereby give public notice that Articles XVIII, XIX,
XX, XXI, XXII, X::iII, XXIV, XXV, XXX, and XXXII, of the
ITreaty of Washington, concluded May 8, 1871, will expire and termin-
lato on the Ist day of July, 1885, and all citi iens of the United States are
liereby warned that none of the privileges secured by the .above recited
larticles of the Treaty in question will exist after the Ist day of July
JBext; all American fishermen should govern themselves accordingly.
i Done at tbe City of Washington, this 3l8t day of January, in the year
jof Our Lord one thousand eight hundred and eighty-five, and of the

jlndependence of the United States of America the one hundred and

l&inth.

[SEAL.] CHESTER A. ARTHUE.

% the President :

Fredk T. Fkelinghuysen,

Secretary of iState,

EoTue Ex. 78, FoTty-ointh Congress, second session.

AMERICAN FISHERIES.

RE I* L Y

OF

THE SECRETARY OF THE TREASUR!,

TO THE

Resolution of the House of Representatives of December 14, 1886, callkjj
for an interpretation of the tariff law respecting tlie duties on fish.

January 10, 1887.— Referred to the Committee on Foreign AflFalrs and ordered to be

printed.

Treasury Department, January 10, 1881,
Sir : I have had the honor to receive the resolution of the House of j
the I'iVn ultimo, making inquiry in regard to the " interpretation now
given by the Treasury Department to the tariff law of eigbteeu hun-
dred and eighty- three, which in one section declares that 'fish, fresli,
for immediate consumption,' shall be free of tax on arrival at our
seaports or lake ports, and in another section declares that 'foreijiii-
cangfit fish, imported fresh,' shall be taxed at the rate of Hfty cents ]
for each hundred pounds," and also requesting me '' to transmit to j
the House copies of all official correspondence, opinions, and decisions
bearing on the subject, together with a statement of the duties collected |
each year, since eighteen hundred and sixty-five, on the several de
scriptions offish caught on the lakes, or the Canadian tributaries thereof,
and also on the several descriptions caught in the North Atlantic, oron
the shores of the islands thereof."

FROZEN FISH.

A satisfactory reply to these inquiries will make necessary a pre-
liminary suitement, and an exhibition of certain details couuected there- 1
with.

By the tariff law of 1846, there was levied 20 per cent, ad valorem «
the foreign value of :

"Fish, foreign, whether fresh, smoked, salted, dried, or pickled, not j
otherwise provided for."
494

AMERICAN FISHERIES.

495

The same schedule, and language, were preserved in the tariff law of
Il857 but tbe rate wab reduced to 15 per cent.

The tariff law ot March 2, 1861, levied in the tenth section the fol-
Jlowing rates:

"On mackerel, two dollars per barrel; on herrings, pickled or salted,
fone dollar per barrel ; on pickled salmon, three dollars per barrel; on
[all other flsb, pickled, in barrels, one dollar and fifty cents per barrel;
[on all other /omgin-caught fish, imported otherwise than in barrels or
ihallbarrela, or whether fresh, smoked or dried, salted or pickled, not
[otberwise provided for, fifty cents per one hundred pounds."

Ill its twenty-third section that law declared that ^^ fish, fresh caught^
I/or daily consumption,''^ shall be exempt from duty.

Then began a perplexity which has embarrassed this Department
jup to tbe present day. Some one at the port of entry must, under

,r clause, decide whether or not the fish, entered as free thereunder,
[is "fresh caught," and is "for daily consumption." Did the qualifi-
[cation "for daily consumption" refer to the "fish," or to the catching,
[ami the purpose of the catching ? Who can correctly pass judgment on
jtbeniofire of the fishermen, or of the importer?

OuJuuelS, 1866, this Department decided (see Appendix A) ihat
[the phrase included all fish imported for consumption, while fresh, and
jdiil not include fish imported fresh, but to be afterwards dried, or

kled, or cured for future use. "Daily consumption," said this De-
Ipartment, twenty years ago, means consumption " within a short time."
iThat view seems correct, but, nevertheless, the law was intrinsically
[incapable of exact execution, inasmuch as it might be diflicult for a
[customs officer to foresee, or foreknow, the intentions or purposes re-
[ferred to.

I believe that the fish clause quoted above h jm the law of March 2,

861, and which levied a tax on fish, stood till 1870, but the free clause
|to8 made in 1870 to read :

^'Fislt,f)e8h, for immediate consumption^^

The substitution of " immediate " for " daily " did not remove the
[perplexity.

The Tariff' Commission did not report on the subject.

The tarift" law of 1883 taxcs fish at our seaports, our lake ports, and
jon the frontier, by these words in the schedule for " Provisions :"

"Mackerel, one cent per pound.

"Herriugs, pickled or salted, one half of one cent per pound.

"Salmon, pickled, one cent per pound; other fis h, pickled, in bar
[relH,o"e cent per pound.

"Foreign-caught fish, imported otherwise than in barrels or half-
[barrels, whether fresh, smoked, dried, salted, or pickled, not specially
[enumerated or provided for in this act, fifty cents per hundred pouuds."

A subsequent section declared that the following articles, when im-
[ported, shall be e-.empt from duty:

"Fish, fresh, toi immediate consumption."

496

AMERICAN FISHERIES.

"Fish for bait."

"Oil, spermaceti, whale iiiid other fish oils of American
and all other articleH the produce of such fisheries."

" S'irimps or other shellfish,"

"Fish-souuds, or flsh-bladders."

T'le kinds of fish just described, having been " specially enumerated
or provided for" in 1383, were thereby taken out of the clause levying i
a tax on/om«jrucaught fresh fish.

What has happened in the execution of the free-fish clause during
the last quarter of a century, whether the clause required ^^ daily'" fn
"imwerfmfe" consumption, is exhibited in the subjoined Appendix A,
It is an unsatisfactory record of an eflbrt to discover and execute an
intention of the law-makers which was so ambiguously expressed as to
lead to doubt and dispute. In 1877, and after the law of 1870, tlie dii-
culties were increased, partly by roason of new contrivances for the
artificial freezing of fish. ,

At first it was doubted by coUectorf* whether or not a fish caught in win-
ter, thrown on the ice and frozen stiff while lying there, and imported
in that condition, could be a " fresh fish," as if either a fresh flsli can-
not bo frozen, or a frozen fish cannot be fiesh. It was also insisted I
that a fish caught in summer, "nd frozen by an artificial method coiild i
not be deemed fresh, even though as fresh as one frozen by the natural
coldness of winter air in a northern climate. Then it was said that |
the produce of American fisheries could not be carried into Canada, |
there artificially frozen, and afterwards be exempt from tax when entered j
at our ports. It was argued by customs ofiBcers that the quantity en-
tered could be made a safe test of " immediate consumption," as if ens- j
toms officers could correctly ascertain and decide on the "immediate" '
buying and consuming powers of the people. There were customs offi-
cers who urged the Department to make the distance of the probable j
place of sale from the place of entry a test of " immediate consump-
tion," as if transportation from Portland in Maine toa maik-^t at Boston \
could be a legal test, and "immediate" referred to place rather than
time. One collector thout,httw ity tons of fish on one entry, at a iwrt
on the lakes, could not be for " immediate consumption" by subsequent
shipment and sale in the great markets of Chicago, Philadelphia, and
New Yo» k. It could not be affirmed that the fish thus frozen, whether
naturally or artificially, was either " smoked, or dried, or salted, or
pickled." If freezing deprived the fish of freshness, it could not well i
be dutiable as " foreign caught fish, fresh ! " What sort of fish was it? |
Was it old, stale, and decayed fish that buyers and consumers sought,
bought, and would eat ? The contention has gone on for well-nigh a I
quarter of a century, nor has Congress intervened to tax irozeu fish by j
other and explicit words 1

In June last the interpretation of the law was referred to the Solicitor j
of this Department. His opinion, subjoined in Appendix A, does not j
relieve the enactment frooi difficulties in uniform application at

AMERICAN FISHERIES.

497

ortsucU as the Constitution commands. If a collector shall, in order

) secure such uniformity at every port, await the decision of this De-

nartment after an exhibition of the facts surrounding each entry, the

U might become anything but " fresh."

This fish clause of the tariff law affords a pertinent illustration of the

Ud there is of revising our taxing legislation. The draughtsman of

, great many of its sections, apparently unable to set down clearly his

priwse, and his own idea of the method of excuting it, has thrown upon

bpraisiiig or collecting oflBceis the work of ascertaining the intentions

bf importers, or the uses to which merchandise can be, or may, there-

lileriiut, which those ofi&cers are unable to perform in any reasonable

lime, or in any satisfactory way. To appraising and collecting work in

practical adibinistration there is a limit, whicli our present law too fre-

bueiitly ignores, and then customs officers are unjustly criticised, or con-

Pemned, for not doing such work properly.

I have dwelt upon this incident in our tariff legislation because

|t makes clear, even to the superficial observer, how man's inventions,

iiid improved methods of rapid communication by steam, not only

owd down prices, and extend the saleable area of one article after

jiflther year by year, and month by month, but even modify the neces-

iry interpretation to be given to classifications in our taxing laws. One

Inndred and three years ago — when the Treaty of Peace was signed

jrliich apportioned the British empire in America and its rights of

bing, between the British Government rnd the thirteen independent

ucrican States— railways and steam-engines were practically un-

nown, aud the use of ice as now applied in the fishing industry was

I uuliuowu. Even half a century ago the purchase and enjoyment of

•esh fish as food were confined to places near the spot where the fish were

jaught. Thus it has come to pacs that ice and railways have changed,

|veu since 1870, the most obvious definition and the strictly literal ap-

[lication of the phrase in oui tariff law, " fish, fresh, for immediate con-

limption." Such causes of change are constantly occurring as to other

licles, by reason of modifications in methods of production, new com-

^Dations of component materials, new nomenclature, and newcommer-

I classifications, which enforce the need of frequent revisions of our

^riff law, when that law, instead of taxing simply a few articles, re-

pires the executive to levy and collect multifarious duties on so many

m.dreds and even thousands of articles.

I The United States Commissioner of Fish and Fisheries says in his
iport for 1881:

I "In the earlier years of the American fisheries, and in the greater
pundanceof inshore fisheries, with a comparatively slight demand in
Insequencft of the small population of the country, and the difficulties
transporting the fish, it was quite possible to obtain, within easy
cli of our coast, fish enough to meet all the requirements. Now,
Jth a population of fifty millions of people, the great decline of the in-
ore fisheries, and the ability not only to transport fresh fish to any
a. Ex. U3 32

498

AMERICAN FISHERIES.

distance inland without deterioration, but with also the growingdemaaj
for salted, dried, and canned fish, it is of the utmost importance tj
every facility be furnished to the fishermen in the prosecution of the!
burliness."

In the report of the Commissioner for 1882 it is said :

<• The work of increasing the supply of valuable tishes in tij
waters of the United States, whether by artificial propigatiou or I
transplantation, although very successful, may be considered as jeti
its infancy. It must be remembered that the agencies which haJ
tended to diminish the abundance of the fish have been at workfJ
many years, and are increasing in an enormous ratio. This, takenf
connection with the rapid multiplication of the population of the Uii
States, makes tbe work an extremely difficult one. If tlie general (
ditions remained the same as they were fifty years ago, it would bel
very simple thing to restore the former c^-nilibrium.

" At that time, it must be remembered^ the .... Ms of preservatmai
of loholesale transfer^ by means of ice, icere not Tcnoicn, while the vmml
quick transportation were very limited. Hence, a small number of I
supplied fully the demand, with the exception, of course, of species th|
were salted down, like the cod, the mackerel, and the herrings, (in
ing the sbad.) At that time a comparatively small quantity snpplil
the demand for fresh fish, and it was easy to more than meet thed
maud. Now, however, the conditions are entirely changed."

In Appendix A will be found " the official correspondence, opinioij
and decisions,'' on the subjef-t of frozen fish, the record of which i
disclose to your honorable body the vast amount of labor which evj
one ambiguous pbrase in a tarifl^' law throws upon your Treasury
partment and its customs officers. Our existing drag-uet wartatj
law contains not only one, but hundreds of such phrases, andthesea
the least of its discreditable, scandalous, and easily remediable imp
fections.

THK PRODUCTS OP AMERICAN FISHERIES EXEMPT FROM DUTYJ

The clause, already (juoted from the law of 1883, which exempts f«
seaport taxation all fish-oils of American fisheries, and " all otlj
articles the produce of such fisheries," has a large bearing on tbej
quiry made of me by the House. That exemption stands in the la*
1883, as it stood in the Eevisod Statutes, excepting tbe immaterial^
ditloniu the former of the word "oils" after "fish." Theenactmi
is in il^e law of March 2, 1861, which law secured the freedom of sij
articles from tariff' taxes down to the Revised Statutes. The tarifflq
of 1857, and 1846, contain the clause of 1861. The law of 1841 decla
that " whale and other fish oils of American fisheries, and all oti
articles the produce of said fisheries," shall be exempt from duj
Before 1841 the clause does not appear in the statutes, and yei a niai
issued in New York by Deputy Collector Lyon in 1828, and anothei
1832, put down as free; "Fisheries of the United States and their l|
ritories, — all products."

AMERICAN FISHERIES.

499

1 also find substantially tbe same language in two compilations of the
I (,„,j|}- liiws— oue by Meyer Moses in 1830, and one by E. D. Ogden in
i 1840- ami still another compilation, in 1828, by " James Campbell, entry
[clerk custom-house, Now York," in which ho enumerates "tish of the
fisheries of the United States or its Territories, free." Mr. Ogden was
forinauy years chief entry clerk at the port of New York, and a com-
piler of the revenue laws. In his edition for 1840 he cites as authority
for the phrase the acts of July 14, 1832, 1840, and 1841. The ex-
1 iilanatioa is probably this: The final clause of the first section of act
of August 10, 1790, levies duties on a plan unlike that now used. It
liixesatfive per cent, ad valorem certain classes of merchandise, and then
Iresciies from taxation certain specified cominodities, " and, generally,
1 articles of the growtli, the product, or manufactures of the United
|S/fl(fs." The two sentences next to the last in the first section of the
{law of April 27, 1816, impose duties "on spermaceti oil of foreign fish-
|iiij.',{aii(]) on whale and other fish oil of foreign fishing." The language
[in that law, as to the products named, is precisely the same as that used
|iu the present tariff, with the single substitution in the latter ^* of Amcr-
liMii fisheries " for the words " of foreign fishing" in the former. My
IcoDclusiou is that only the products of foreign fishing having been pro-
Ivided for as dutiable, the products of American fisheries were by a clear
cation exempted from duty as the products of the United States.
JTbat they were the products of the United States is, it seems tx) me,
jpttt beyond question by the fact that bounties were paid to vessels en-
Igajjed i» American fisheries.
Ill 1830, it was decided by Mr. Justice Story that when whales have
»'ii caught, and oil has been therefrom produced, by the crew of an
iiiiericun vessel, the oil is not the product of "foreign fishing" and
Jlutiable, even although owned by aliens when entered at our ports. He
aiil that the inquiry whether or not the oil was of " foreign fishing"
jicpemlcd upon the nationality of the vessel when the whales were
aught and the oil extracted, and not upon any subsequent events.
Ill a series of comparatively recent decisions by this Department,
«|)ie.s of the tex<^ of which will be found iy AppenJix B, Fisheries
(lave been defined as " Amer^can^^ within vhe meaning of our revenue
^ws, although the taking of the fish be on the high seas, or within a
lorcii,'!! jurisdiction. That should in part be so for other reasons than
Fere assigned in those decisions, inasmuch as customs duties are, in
leiieral, only imposed on articles when imported from a port, or place,
pitliiii the exlusive dominion of a foreign State, which could not be
"iiilof tish, or their products, arriving from the ocean where the fish
he caught.

The phrase " fisheries of the United States" is in tho first ,ariff law
nacted by the first Congress which sat under the Constitution, and
pe test of American fishing has, from that day to this, uniformly been
r "atioiiality of the vessel, regardless of the place, where the fish
pre taken. Even the Treaty of Washington, which admitted free of

500

AMERICAN FISHEKIES.

duty into each country lish of all kinds being the produce of the
eries of eitber country, excepting flsli of the inland lakes and of ttel
rivers falling into them, left fish caught therein by American vesscJ
entitled to free entry in our ports as foriherly. Our Supreme CourtI
declared in 1870 that, subject to the paramount right of navigation!
(the power to regulate which is in the Federal Government), each States
owns the bed of the tide waters within its jurisdiction, and niayapiiiJ
priate them to be used exclusively by its citizens as a common fore
tivating and taking fish if navigation be not impeded ; but the treaty o^
1854 gave, nevertheless, to British subjects, in common with Americanl
citizens, the liberty to fish on our coasts north of the SOth parallel o(|
north latitude, and the treaty of 1871 gave the liberty north of tlie39thl
parallel. Those treaties having fallen, and the fishing rights of Massal
chusetts on her coasts having returned to her, she may permit BritisW
vessels to fish on her coasts, but then it could not be said that theifislij
if entered at our ports, hail been imported from a foreign port. Bo|
apart from such an improbable incident to complicate the proposil
tion, it maybe safely affirmed that all fishing-grounds, ^vhether oij
the high seas or on the Canadian coasts, secured to us by treaty stipulai
tions, are "American fisheries," if the fish are caught by vessels red
ularly documented by the Treasury Department. In that sense and I
that end, the ocean and certain Canadian coasts are (under the treatie|
of 1783 and 1818) our " fishing-grounds."

WHAT VESSELS ARE AMEBIC AN VESSELS?

In this relation — which concerns the freedom from taxation at oq]
ports of fish products taken in the sea or on Canadian coasts, andalsi
concerns our j)ending serious differences with the British Government-
it is inii)ortant to realize what constitutes an American vessertlia
capable or" enlarging the area from which free fish can ho entered!
our ports. Congress, notably by the enactment of July C, 1881, hai
committed to the head of this Department the supervision of thocoiil
mercial marine and merchant seamen of the United States, and of tl^
decision of all questions relating to the issue of registers, enrollmeuti
ai}d licenses of vess els, and to the preservation of those dociiiiienti
Whether or not a private vessel, claiming to be American, is America^
and entitled to carry and display that flag, depends solely on tlieelia
acter of the ship's papers that it carries by the permission of Coneresj
given under the attestation of this Department. The only question |
this : lias the vessel conformed to the laws, not of a foreign couiiti
but of the United States ? In the decision of that question her i)ap
must be prima facie evidence against all the world. These considen
tions are elementary, but they are imoortant now as defluing what i
"American fisheries," whose products are in our ports exem[)t froj
customs taxes.

The section of our law which authorizes a vessel, licensed for carij
ing on fishery, to " touch and trade at any foreign port " is not a model

AMERICAN FISHERIES.

501

contrivance for modern exigencies, as Cnnadian local oflQcials intimate,

; has been on our statute book since 171).'>. As literally reproduced

liiisi'Ctioii 43(il of the lievised Statutes, it gives the inrmission of this

JDepartinent \o any vessel, so licensed for carrying on the fisheries of

iTiiited States, to enter British or other foreign ports, as aconimer-

jcinl vessel, and to there enjoy the rights and privileges accorded to ves-

L'ls of llio Ignited States sailing "forCign" under a register, and not

jeugaged in the fisheries. The permission thus given to fishing vessels

|to"touch and trade" has been understood by this Department for

warly a hundred years as conferring upon the vessel a right to land,

^nd to receive on board a cargo of merchandise, in the same manner as

f suo were not engaged in the fisheries. On the return of the vessel to

[the United States, she is required to make regular entry, and to be in

pill respects subject to the regulations prescribed for vessels arriving

001 foreiftu ports.

MEDIiEVAL RESTRTCTIO*rS ON FREE NAVIGATION.

The stipulations of the treaty of 1815 only applied in our favor
\a Britisli territories '* in Europe.''^ If they were applicable now to
British' territories in America, the present differences in Uritish
Uth America should not exist, for the first article of that convention
pdnresthat "the inhabitants of the two countries, respectively, shall
laveliberty, freely and securely, to come with their nhipa and cargoes to
Isnch places, ports, and rivers, in the territories aforesaid, to whioii
Jther foreigners are permitted to come, to enter into the same, and to
bain and reside in any partu of the said territories, respectively."
The second article stipulates that, as to " the intercourse" between
lie United States and British possessions in North A merica, '^ each party
pall remain iu the complete pos';cssion of its rights."
In 1827, when the treaty of 1815 was extended for an indefinite time.
be United States struggled iu vain with England for a more liberal
peaient, or a more liberal interpretation of that of 1815, but could
ptain neither.

jSuch liberty of access by American vessels to British colonial ports on

icontiuent was the subject of fruitless negotiation by each of the

(stsix Presidents. The endeavor was continued during forty years,

^(l\ras only successful in the hands of General Jackson, as President,

• VanBureuas Secretary of fetate,andMr.McLaneas Minister to Lon-

kii,andthenby concerted legislationrelatingat first only to the British

lestlndies. It having been arranged that there Avould be legislation at

pdon opening to us the British colonial ports to the south of us on this

Btinent, Congress, on May 29, 1830, authorized 7 resident Jackson to

iclaimour ports open " indefinitely, or for a fixed term," to British

«l8 from the islands, provinces, or colonies of Great Britain, on or

w the JfortU American continent," and north, south, or east of the

F«»l States.

«n thereafter, and on October 6, 1830, President Jackson did issue
tproclamation,and on June 20, 1884, Congress again reduced tonnage

502

AMERICAN FISHERIES.

dues on Cauailiau vessels of all sorts entering our ports. By 8ucli con-
certed and reciprocal legislation, the mediaeval barriers around colonial
possessions in America by which the mother country had so long eudeav.
ored for her own benefit to hamper and restrict the trade of the colonies
and to levy differential duties in favor of colonial produce, have been
brolvcn down. The Privy Council, and the Governor-General of the
Dominion of Canada, while conceding that Canadian ports are now open
to American trading vessels, attempt to apply that mediycval ami (
carded restrictive system to American fishermen on the high seas.

In 1845, after many years of effort by the United States, England I
again relaxed the rigor of the restrictions of her ancient laws of trans-
portation, as applied to her colonies, and the two countries entered j
upon a new period of prosperity flowing from the unhindered carriage I
of merchandise in bond by land and water. That legislation covering
the British North American provinces began, on our part, on March j
3, 1845. In 184G came the comprehensive system of warehousing, the
general features of which are now in force, devised and perfected,
during the administration of Preftident Polk, by my distinguished!
predecessor, Mr. Robert J. Walker. In 1849, 1850, 1854, and subse-
quently, that system of warehousing, and transportation iu bond by]
railway and steamboat, has been amended and Improved so that today
we of the United States and they of the Dominion of Canada are m\)-\
iug the advantages of an international organization by whicli mer-
chandise, whether dutiable or free, and if dutiable without paymentj
of duties iu ti'ausit, can ;f entered at one of our i)orts proceed imme-j
diately over our territory to Canada, or, if landed at a Canadian port,;
can come freely to its destination in the United States, or can pass fromj
one of our own ports to another over Canadian soil, and, in like manner. |
from one Canadian port to another over American soil. It is to be re-i
gretted that the British Iforth American provinces impede and impairj
the full fruition of this beneficent system of international iutercoursel
and transportation by unworthy and petty spite in their ports against]
American deep-sea fishermen.

From 1812 to 1832, the aggregate annual traflSc between the Unitei
States and the British North American provinces averaged onlyj
$3,257,153 ; from 1832 to 1845 it rose to $6,313,780, but, under liben
transportation arrangements, it rose from 1840 to 1853 to no less auanj
nual average than $14,230,763, leaving in our favor, during tbat perio(^
of eight years, a balance of trade of over 40| millions of dollars.

It was in 1845 that England, changing her colonial policy, mpH
ered the Canadian provinces to make a tariff on imports to suit themj
selves. During the next year those provinces removed the barriea
against American products which existed, iu the form of differeutiar
rates iu favor of British products, and admitted commodities from oni
side of the line on the same terms as commodities were admitted coni^
ing from British ports. In 1849, England, having by her Minister ?f
Washington previously communicated with the Treasury Departmefltr

AMERICAN FISHERIES:!.

503

bresented a further proposition for a further reciprocal relaxation of
oniuierciiil restrictions which impeded trade across the boundary line.
he administration of President Fillmore endeavored to promote the
ibject for which my predecessor iu this Department, Mr. Robert J.
ffalkcr, strove, in 1846, in his correspondence with the British Min-
ister.

This good result of only a partial experiment of reciprocal comity

Ltnrally led to negotiations for a more comprehensive international

angeracut, atd such a one was concluded in 1854 by negotiations

londticteil at Washington, on our side during the administration of

Ipresiilciit Pierce by a wise and illustrious statesman and citizen of

ifw York, Mr. Marcy, who was then Secretary of State. That reci-

liocity treaty was in force till 1806, a period covering our civil war.

Unikrits influence, the aggregate interchange of commodities between

selves and the inhabitants of all the British provinces— 'number-

b not as many as those of the State of New x'ork — rose from an

Mual average of a little over 14 millions of dollars, in the previous

light years to over 33J millions in gold in 1855, to nearly 50 millions

il856, and to 84 millions in the last year of its existence. During the

|iirteeu years the British provinces, according to their oflQcial returns,

nrchased from us articles valued at over 359J millions of dollars in

(old, and we bought from them 197 millions, thus making an iuterna-

ional trafiQc of nearly 556J millions of dollars on a gold valuation.

lean but think that if that treaty of 1854 had remained in force till

k day, the two peoples — divided by a boundary -line which can only

m difficulty be discerned from the Arctic ocean to the Pacific, from

M Pacific to Lake Superior, and from Lake Ontario to the Atlantic —

[onld now be one people, at least for all purposes of production, trade,

pd business.

JDuring the past summer, while American vessels, regularly docu-
lented, bave been excluded from the hospitality and privileges of
adingiuCauadian ports, Canadian fishing- vessels have been permitted
lelj to enter and use American ports along the New England coast,
kvebeen protected by this Department in such entry and use, and
p not been required to pay any other fees, charges, taxes, or dues
lanbave been imposed upon the vessels of other governments similarly
Mted. The hospitality elsewhere, and generally extended in
ritish ports to Anjerican commercial vessels has not been less, in
ality or quantity, as I am informed, than the hospitality extended
jBritish vessels in American ports ; but there is this marked differ-
tbat, while this Department protects Canadian fishermen in
nse of American ports, the Dominion of Canada brutally ex-
pdes American fishermen from Canadian ports. This dependence
[port hospitality, as between this Government and the British
pvernment, iu respect to vessels of either, is emphasized by the
pntfenth section of the law of June 19,-1886, empowering the Presi-
W to suspend commercial privileges to the vessels of any country

504

AMEBIOAN FISHERIES.

denying the Haino to United States veasels. Tbat section is in liarmonv
with a section in the British navigation law Mhich authorizes tU !
Queen, whenever British vessels are subject in any foreign coiiQtrvtu
prohibitions or restrictions, to impose by order in council suclj prolii- j
bitions or restriiitions upon the ships of 8U(!h foreign country, either I
as to voyages in which they may engage, or as to the articles which |
they may imi)ort into or export trom any British possession in any
part of the world, so as to place the ships of such country on as nearly j
as possible the same footing in British ports as that on which British j
ships are plaiced in ports of snch country.

KEVENUE LAWS AND REGITLATI0N8.

The head of this Department, having the responsibility of enforc j
ing the collection of duties upon such a vast number of imported arti-
cles, under circumstances of so lou g a sea-coast and frontier line to be]
guarded against the devices of smugglers, should not bo inclined to uii-
dorestimato the solicitude of the local officers of the Dominion of Can-
ada to protect its own revenue from similar invasion. The laws fortheS
collection of duties on imports iu force iu the United States and in tliej
Dominiou of Canada, respectively, will be found, ou comparison, to be!
on many points similar in their objects and methods. They sboiildi
naturally be similar, for both had, iu the beginning, the sam&eoinmoiij
origin. In the United States, Congress has divided the territory of cachj
State by metes and bounds, usually by towns, cities, or counties, into coif
lection dist^ricts, for the purpose of collecting Juties on imports, andinj
each collection district has established a port of entry and ports of de-j
livery. In that manner all our sea-coast frontier is subdivided for rev]
enu© purposes. The object of our law is to place every vessel arriving
from a foreign port in the custody of a customs officer immediately iipoit
her arrival, in order that no merchandise may be unladen therefron
without the knowledge of the Government. The Canadian law is inucli
the same as our own in that regard, and in comparison with our owi^
does not seem to me to be unnecessarily severe in its general provision
Our own law provides, for example, (sec. 2774, Eev. Stat.,) that-

" Within twenty-four hours after the arrival of any vessel, Irom au^
foreign port, at any port of the United States established by law, afl
which an officer of the customs resides, or within any harbor, inletj
or creek thereof, if the hours of the business of the office of the (
officer of customs will permit, or as soon thereafter as such hours vil
permit, the master shall report to such officer, and make report to thj
chief officer, of the arrival of th a vessel ; and he shall within lortyeig
hours after such arrival make a further report in writing to thecollectoi
of the district, which report shall be in the form, and shall contain aj
the particulars required to be inserted in and verified like the mai
Every master who shall neglect or omit to make either of such repon
or declaration, or to verify any such declarations as required, oi' i
not fully comply with the true intent and meaning of this section, sbs
for each offence be liable to a penalty of one thousand dollars."

AMERICAN FISHERIES.

506

Condemnation does not, in the opinion of this Department, justly
rest uiwn the Dominion of Canada bocanso she has upon lior statuto-
books and enforces a law Himilar to the foregoing, but bocauso slie re-
fnsos to i)oriiiit American deep-sea Ashing vessels, navigating and nsiiig
the ocean, to enter her ytOTia for tlio ordinary purposes of trade and
commerce, even though they have never attempted to (iNh within tlie
territorial limits of Canada, and intend obedience to every rccpiire-
iiipiit of the customs laws, and of every other law of the port which
sncli vessels seek to enter. American flshing-vessels duly authenti-
cated by this Department, and having a permit " to touch and trade,"
sboulil bo i)orinitted to visit Canadian ports, and buy supplies, and en-
joy ordinary commercial privileges, unless such a right is withheld in
(iiir porta from Canadian vessels. That right is denied by the Privy
1 Ooiiiiciland the Governor-General of the Canadian Dominion, upon the
ground that it would be in effect a pro tanto abrogation of the treaty of
1813. Tliat contention is an error, in the opinion of this Department, be-
I canse the treaty of 1818 has no application to the subject-matter. If the
right claimed by this Department for American vessels authenticated
I by this Department were conceded by Canada, it would only apply to
a few ports established by law for the entry of foreign vessels, and
I would merely enable United States flshing-vessels to pursue their reg-
I iilar busiuess after entry into or departure from sucli ports, under the
same rules and regulations as are applied to the commercial vessels of
other nations. We ask that American fishing- vessels shall enjoy hos-
pitality ill such Canadian ports as are set apart for the entry of foreign
vessels, for the unlading and shinment of merchandise, and generally
I for foreign CDmmerce.

This Department has had occasion in the past, and may be compelled

I in the future, to seize and prosecute to forfeiture foreign as well as

domestic vessels violating, in our own ports, the customs law, but I be-

liiivetbere never has been in the past, and I hope there never will bo

iu the future, such passionate spite displayed by the officers of this

iGovernmeut as has during the last summer been exhibited in the Do-

piuion of Canada towartl well-meaning American fishermen. Congress

Ihas forbidden the Head of this Department to prosecute even for evasion

joftarifif law unless satisfied of "an actual iuteutiou to defraud." .

|lOSNAGE OF VESSELS ENGAGED IN AMERICAN FISHERIES, AND THE
NATIONALITIES OF THE FISHERMEN.

Daring the periods of the inquiry made of me by the House, the ton-
jnaRe of American flshing-vessels of over twenty tons burden, other
[than whalers, will be seen iu Appendix D.

That tonnage reached its maximum (203,459) iu 18G3, and during the
Bnbseqnent seven years diminish^ by more than 70 per cent. The
pwest number of tons was touched iu the middle of the period be-
tween the expiration of the reciprocity treaty of 1854 and the con-
psiouof the treaty of Washington of 1871. The falling off is per-
TO to be attributed iu great part to the repeal iu 18GG of the laws

50G

AMERICAN FISHERIES.

iillowinj? bounties to the vessels engaged in the flsheries. Uvtlmlaw
of 18l.'{ tliere was pai<l to tlie collector of the district wIuto mucIi vm.
sels belonged, to tl»e owner thereof if the vessel had been einplo.edat
Hea in fishing for the lerm of four months, and for each ton buiden
a Hpecillcd sum, not to exceed $L*72 on any one vessel ft)r oim wumi), of
whit'h bounty I hree-eighths accrued to the owner and the other llvp
eighths to the several llshennen. In 1817 it was enacti-d that iln!
lM)unty shall be paiil only to vessels whereof the otllcers and at least
three fourths of the crew shall bo citizens of the United StatM,
or persons not the subject of any foreign prince or states In l,si!).
soon after the coii'ilusion of the treaty of 1818, the boiiiitics were in
(Teased, but !kot to exceed $3(50 for each vessel. In 18G4 it was cnaiited
that the bounty shall not thereafter be paid to aiiy vessel luitil satix
factory proof shall have been furnished to the collector of ciiHtoinstiiat
the import duty imposed by law upon foreign salt has been paid on all
foreign salt used in curing the fish on which the claim to the allowauce
to the bounty is based, and the law was repealed on Juno 1*3,18(14
(U. S. Stats, at Large, vol. 13, p. 201), which required two lliirdH of
those on board to be American citizens. On July 28, 18G(i, all laws
and parts of laws allowing fishing-bounties to vessels thereafter licensed
to engage in the fisheries was also repealed, but under the condition
that duties shall be remitted on all foreign salt used by such vessels in
curing fish. It seems quite probable that anticipation of the enact
ment repealinar bounties induced, in great part, the great falling olT in
tonnage between 18G2 and 1809.

The best estimate that can be made by this Department of the rcla
tion of aliens to citizens engaged in American flsheries, in the Iforth
Atlantic, other than whalers, is that during the last year (1880),oftlie
14,240 employed, seventy-eight per cent, were American citizens.

PRESENT CONDITION OF AMERICAN FISHERIES, AND THE SUM OP
DUTIES COLLECTED ON FOREIGN FISH.

On May 28, 1886, and in furtherance of a suggestion made by our
Fish Commissioner, this Department issued a circular letter of in-
struction to collectors, a copy of which will be fcand in Appendix E,
The replies received have been transmitted to that Commission, and
therefrom valuable facts respecting our fisheries have been obtaina',
some of which the Commissioner has kindly grouped and placed at my
disposition. They are respectfully submitted to the House m Api^n- ;
dix E. In Appendix C will be found such an exhibition of tbedutis :
collected on fish as the records of this Department, for reasons set j
forth in the Appendix, make available for immediate presentation to |
the House.

Respectfully, yours,

DANIEL MANNING,

Secretary of the Treasurf

The Honorable

The Speaker of the House of Representatives.

APPENDED A.

VKOZKN FISH.

CusTOM-IIousK, Boston,

Colleotor'i Office, June 16, 1866.

Hod. HCOUMCCULLOCH,

Seoretaty Treamrtj :

Sir: The act of March 2, 1801, relatiuu to tInticHon imports, provides in aootion 10

I for a duty on "fresl J fish foreign caught not otherwiso provided for." Among tlie

iriiclej) cnaniorated in section 23 same act, aa exempt from duty is, " Fish, fresh

caiiuht, for d'lily con8umi)tion."

Fresh salmon nnd halibilt in sma ' on vititiiis are daily brought into this port in

British ?e»8olsfrom the Provinces uui.^.iotedly for "dally consumption," but with-

ontaiiy/ormalevidouco of that fact, such importations have boon admitted free of

I dntv.

The appruisorH hold that all fresh fish, sa impurtod ir British vessels, is subject to
I (laty by virtun of said section 10.

j fboqnpstion is constantly occurring, and there being a ditTereiiceoropiiiion amongst
onm'ives hero as to the construction of the act, wo should feel much relioved if you
I fonld inve a decision upon the question.

Very r<»fli)ectfully, vour obedient servant,

J. M. FISKE,
Speelal Deputy Collector.

TuKASuuY Department,

Washington, D. V.,Jme lU, 1866.

|Coi.a.i,n)u OF Customs,

Boston, Maes. :

Sik: V'liir commuuication of the lOth inctant is received, relative to the duty to be
;ii|ioM'(l on "fresh lish, foreign caught, imported from Canada in British vessels."
I;i ri'i'ly thereto, I would respectTully state that it is the opinion of this Depart-
wn; ih;it by that provision of the tariif which admits to free entry "fish, fresh
Icaaubt, for daily consumption" (section 23, act of March 2, 18ol), is understood to
Ifinliraceull lish imported for consnmption, while fresh, ia contradistinction to such
|xiiiii|;ht bo imported fresh, to bo dried, pickled, or otherwise cured for future use.
I By the r'jraso "daily consumption " it is not understood that the fish raust be used
lontbodc.y tliey are imported, but if there is reasori to believe that the fish are to bo
jnsed within a short time, then they would bo entitled to free entry, notwithstanding
llhefact that there may be no formal evidence that they arc intended for daily con-
lioinption.
By order :

I am, very respectfully, '

J. F. HARTLEY,

Assistant Secretary.

Treasury Department, Office of the Secretary,

Washington, D. C, January 22, 18C9.
Thomas RusdELL, Esq., Collector of Customs, Boston, Mass.:

Sir; In reply to your letter of the 19th instant, the following dispatch has been
Itbisday sent you by telegraph :
■ "Release the sch* mer Scud. Further by letter."

In the letter referred to, transmitting a communication from Lorenzo Wilson, char-
jttrerof the fishing schooner Scud, you state that the schooner arrived at your port
Iratlie 14th instant with 800 barrels of American-caught herring, salted, and that the
ptsflf the case are as follcrws:

mt after talt ing a fishing license of Eostport, with liberty to load and trade, the
Kiiooner sailed to St. John, New Brunswick, where her master purchased salt for the
H. Ex. 78 1 507

50P

AMERICA^ FISHERIES.

voyage (550 Backs), witli twenty-five " fiHliiug ancliors," used for herring iieta, and
mannfactnred in New Brnnswick.

She then cleared from St. John, bound on u fishLug voyage. On arrival at Boston
the master sold the herring and lauded them without a permit. '

The master, however, reported at the custom-house, where he was inl'oinied by the
clerk, that he was not required to enter his vessel, she being under a lisbiug license,

You state that you are perfectly satisfied that the parties interested acted m jriio,i
faith, and that they believed they had a right to land their cargo without oiiti;, ir
permit, or payment of duties, and you recommend that the schooner bo allowill to
clear at once without any proceedings against her.

In consideration of the alleged causes of her detention and of your rccomiiieudiUion
the order for the release of the schooner is hereby confirmed, and you will take no
steps against any of the parties to enforce legal penalties for landing the ca";;o with-
out permit.

You say farther that the claimant has, by your direction, made entry of his fish, and
made special deposit of the amount of duties, viz, $820, on *\\q ground that by pur-
chasing salt in a foreign port and mixing it with the fish "he rendered his whole cargo
datiablo.

The Department Las hitherto decided that if foreign salt is used without tho liuiits
of the Unit.Hl States, in curing fish of American catch, the fii>h are not thereby ren-
dered dutiable, nor is the salt so consumed liable to duty.

If salt purchased abroad for tho curing offish is not consumed in the curing, but is
brought into an American port, the salt wojld then bo liable to duty, but tliofislioii
board cured with sucu foreign salt before importation are free of duty.

You will accordingly refund tho sum deposited with you by the claimant in pay-
ment of duty 8U])posed to have accrued on the fish imported in the Scud.
Very respectfully,

H. Mcculloch,

Secretanj,

Treasury Dkpartment, Office of tue Secretaiiy,

Washington, D. C, June 4, 18*,').
Collector of Customs,

Marquette, Mich. :

Sir: I am iu receipt of ycur letter of tho 25tli ultimo, inquiring whether fisli which
are caught iu Canadian waters, and after being brought into the United States are
salted and packed in barrels or packed in ice, are subject to duty, and if so, at what
rates.

In reply, I \/ould state that it being as.sumed that the fish you refer to ere caught
from the inland lakes separating the Dominion of Canada from tho United Stato,^, or
from tho Canadian tributaries thereof, the same are not exempt from duty by virtue
of the treaty of Washington of July 4, 1S71, and section 2r)0(>, Revised 3t.atutes, in
pursuance thereof, inasmuch as fisu, tho products of the inland lakes and tributaries,
are not admitted free of duty rnidor said treaty and law.

Tho general ))rovision8 of the tariff', however, allowing free entry of fresh M for
immediate consumption, would, unuertberulingof fi'o Department giving construc-
tion to the law, apply to fresh fish imported into the United States to be consumed
within a short time thereafter, us froKli fish. It will be observed, however, that as
the question whether the fish are for immediate consumption can bo absolutoly veri-
fied only in the lif,ht of facts occurring after they have been ndmittiHl to free entry
and have passet. from tho custody of tho Government, great caro and circumspection
will be required on the part of oflicors of the customs to see that there in no abnsti of
the privilege conferred by the law iu question. If you have any valid reason to uc-
lievo tliat fish are being admitted to free entry which are not entitled te such privi-
lege, you will deny free entrj thereof, report the facts to the Department, and await
further instructions.

Ad regards the fish salted and packed in ' rv.rols, I have to stato that if, as t'le De-
partment infers from your communication, the fish aro so salted and packed after
importation, they would, unless coming under some one of the spacial provisions for
different kinds offish, including that above referred to for fresh Lsh, be charge<l wit'i
duty at tho rate of 50 cents per 100 pound:^.
» I am, very respectfully

CHA8. F. CONANT.

Acting Secretary

A^MBBICAN FISHEEIES.

509

Treasury Departmbnt, June 21, 1876.

Sir: I have tbo h( nor to acknowledge the receipt of your letter of the 26th ultimo,
lujlDsiiigaioinmunication from John O'Malley, of LaPointe, Wis., making the fol-
lowing iuqairics i!i regard to American vessels tishing upon Lalce Superior, viz :

il) Cnu an American vessel engage in fishing upon the northern shores of Lake 8u-
inrior ill Ciiiiiuiiau waters, with Auierican twiuo and American labor, salt the fish
upon tlio vessel and bring thorn into the United States free of duty ?

(i) Does an American vessel engaged in fishing or the coasting trade, on clearing for
a Canadian port, become liable . i tonnage tax t

In reply to tbo first question, I have to state that neither tihe treaty of Washington
urn any other treaty with Great Britain authorizes American fishermen to fish upon
thi) northern shores of Lake Superior, or provides thit fish there caught thall be en-
titled to free entry into the United States. Such fish, however caught, bjr permission
of tie Cauadian government, poxress or implied, on American vessels, and salted
tiicrein, would be duty free on entry under the provision in section 2505 of the Ee-
viiied Statutes for " the produce of the American fisheries," and the decision of this
Department, contained in a letter to the collector of customs at Boston, under date
of the 22(1 of January, 1869, to the following effect :

"If foreign sali is used without the limits of the Uuited States in curing fish of
American catch, the fish is not thereby rendered dutiaMe, nor is the salt so used lia-
lile to dut;-.

"If salt purchased abroad for the curing of fish is not consumed in the curing, but
il bronght into an American port, the sal* would then be liable to duty, but the fish
of American catch, cured with such foreign salt before importation, are free of duty."

To die second question J answer, that a vessel engaged in fishing or the coasting
trade docs not become liablo to tonnage tax on clearing for a foreign port.

Bnt a coafiing vessel so clearing directly, or a vessel entering a Canadian port on
the lakes during a fishing voyage, woul 1 be required to pay the tax on her return to
tbo United States, provided It had not been paid within a year.
I have the honor to be, sir, your obedient servant,

CHAS. F. CONANT,

Acting Secretary.

Hon. T. W. Ferry,

Prmdent of the Senate.

|J.M. S.T CcsTOM-HouflE, Detroit, Mrcn.,

Collector's Office, December 29, 1876.
k\i: I iiave the honor to represent that the question has been raised at this office
! _ M whether fresh dsh frozen into a paiticular shape for the preservation of the fish

Mil convenience in their transportation to all parts of the United States are dutiable
I upon their importation into the United States or entitled to free entry under thfi pro-
I visions of seetion 2505, Revised Statutes, for "fish, fresh, for immediate consumption."

Tlie preparation of the fish is made under a patent process owned by Messrs. S. H.
I DiTis & Co. , of this city, which patent was issued from the Patent Office of the United

" es April 6, 1875, and numbered 161596, and also under patents issued by the Gov-
I crainentsof Canada and Newfoundland. The fish are frozen at any time of the year
I into round cakes the thickness of one fish, with backs up, so as to exactly fit into a

brrel, seven of said cakes exactly filling ote barrel. In this condition the fish are

preserved from decay and in afresh state for any length of time required, in rooms of
[alow temperature, and shipped to any point desired in refrigerator cars and vans, the
I patent oa which is also owned by Messrs. Davis u, Co. Fish so prepared are, although
I rah, in 110 sense intended for immediate consumption, but ou the contrary are in-

teoded to he retained in a fresh condition for s'uipment and future consumption. I
I »a8 yesterday shown a cake of fish prepared by the process above mentioned over one
Ijear Hgii, aud they had the appearance of being as fi'esh as if newly caught.

A large quantity of fish are being prepared by- the process mentioned ot Amherst-
[Irarg, Ontario, and it ic the intention of the owners to import a portion of the fish so

prepared into the United States at this port for sale in the markets of the United
I States.

In view of the foregoing facts I have to request that I bo instructed at as early a
Ijay 8« possiblo as to what course to pursue upon the importation of fish prepared in
jiiie manner above referred to, whetlier I shall admit them to free entry as " fish, fresh,
•■or immediate consumption," or demand a duty of 50 cents per 100 pounds.
'■ am, very respectfully, your obedient servant,
n ^ „ D.Y. BELL, Collector.

Hon. L. M. Morrill,

Secretary of the Treaturif, Wa$liington, D. G.

610

AMEBICAN FISHERIES.

Fiah frozen for transportation.

Tkbasuby Department. January 3, I877.

Sir : The Department is in receipt of your letter of the 29th ultimo, in which von
ask for a decision as to whether fresh fish, frozen in harrels, imported from Cauila,
are exempt from duty.

It is understood that the fish referred to are caught in the inland lukeH, and con-
sequontly that they are not exempt from duty under the Treaty of Washington ami
section 250G of the Revised Statutes,

From your statement it appears that the fish are frozen in harrels under a procea i
which has been patented in the United Statec> and Canada, and that by such processthcr
aro preserved fresh, and in a condition fit for use for an almost indefinite period of time,
v.- hen they aro kept in a low temperature. It is also understood that Hucb iisharcnot
imported lor dailj' consumption at or near your port, but aro intended to be trans-
ported in refrigerator cars (also patented for the purpose of carrying these fish) tn
dift'erent parts of the country for sale and future consumption.

Under these circumstances, tbe Department is of opinion that the fish, wliou im-
ported .'n the condition specified, are not exerop' from duty under the provision for I
"fish, fresh, for daily consumption," which, by ^Jepartment's decision of June 18
1866, was intended to apply only to fish m the natural condition, intended for use at '
or about the time of importation, ii^ut are dutiable at the rate of 50 ceuts per Md !
pounds, under the provision in Schedule F for "all other foreign-caught fish, ' ' ' j
fresh, • » * not otherwise provided for.
Respectfully,

L. M. MOEEII.L,

Secrdari

Collector of Customs,

Detroit, Mich.

Detroit, January 11, 1877,
Hon. L. M. Morrill,

Secretary of the Treasuni, Washington, D. C. :

Sir: I have the honor to state that I have this day filed protest with the colloctor |
here against the payment of $18,94 coin assessed by him upon 3,788 pounds fresh lisi
imported by me tliis day. They aro caught in the Thames River near Chatham, ami]
aent here for immediate shipment to New York for consumption. It seems to mo very!
unjust that duty should bo charged upon these fresh fish for immedinio shipment to]
New York, Philadelpbia, or Cincinnati, while (as the collector informs me) they ami
admitted free for Detroit market. Tbese fish aro thrown into barrels and leftouttol
freeze before they are shipped. I am also occasionally shipping some which nrofrozenl
by patent process in barrels and shipped to same points that tliese are, and claim tliey|
sLoufd all be free, same as heretofore: it being, as before stated, very unjust to diyj
criminate between this and other markets.

In view of the foregoing fact«, I trust you will authorize a refund of tlie amouct ei-j
acted and also instruct tho collector to admit future shipments upon free entry,
V"\r\ respectfully,

T. E, MERRILL.

Detkoit, January V., 1877.

Hon. L. .V, ' i>URiLL,

Secni^.! •• of the Trcasurij, Washington, D. C. :

Sir : I have the hoaor to state that I have this day filed protest with tho colkloi
of customs here against the payment of $47,58 coin assessed by him upon 9,5ll
pounds fresh fish imported by me this day, claiming they should be free as tbey aif
imported for shipment at once to Philadelpbia for immediate consumption. Anotliei
reason for claiming free entry on the particular shipment'is that they were caught J
American waters and taken to Windsor and placed in refrigerators, where tby .iT
withdrawn as required for shipment to New York, Philadelphia, and other pninis, s|
well as this market. It seems to me a very unjust diacr'nination against citizen^
New York, Philadelphia, Cincinnati, «&c,, that they must pay duty upon same l«l
i\ at citizens of Detroit would be allowed free of duty, as the collector here allo«j
free entry upon all fresh fish which are to be placed upon the market lure for ooj
s'jniptioi..

Wo are bringing in both foreign and American fish daily, some fresh caught 1
some from the refrigerators. They are ail frozen. Those that come from the remj
erators will not keep as long as those fresh caught, and must of necessity be consamef

AMERICAN FISHERIES.

511

usoon as possiblb on arrival at destination. No salt or other matter comes in con-
tact with those frozen in the refrigerators, and I claim all should bo admitted upon
free entry. I therefore trust you will autiicriza a refund of the amount exacted and
allow free entry of future shipments.
Very respectfully,

J. B. JESSOP.

CusTOM-HousK, Buffalo, N. Y.,

Collector's Office, January 15, 1877.

Sir: Messrs. Jones & Trevallee, of this city, dosiro me to submit for your decision
the following inquiry: During the season of 1876 certain flsh were caught by fisher-
men in their employ at WhiteOsh Point iml Marquette, Mich., in the American
waters of Lake Siiperior, brought in vessels to this port, and by them exported to
Port Eyorbo, Ontario, fresh, for the purpose of having them frozen by a similar pro-
Mfflto that mentioned in letter of Department to collector of customs at Detroit,
under date of January 3, 1877 (H. B. J.).
They now desire to return them to this port^ and ask if they can be brought in free
of duty, under section 1687 of the tariff, which provides for the free entry of the pro-
dncts of American fisheries. They have undergone no change of condition except the
process of freezing named.
AJi early reply is respectfully requested.
Bespeotfully,

R. W. DANIF,LS,

Collector,
PerC. C. CANDEE,
' Dtputg.

Hon. Secretaky of the Treasubt,

Washington, D, C.

■ amount a-\
I entry.

„ th« colktol
m upon 9|51|
■eeastbeyai^
ion. AiiotlieL
,-ere caught ii
.'here they "tf
■her poiiite. »l
nst citizen* i|
pon same lisT
■^r hero alW
here for o^

ihcttiigWi
■om the rem j
beconsiianf

Hayden.]

TabASDRT DUPABTMBNT,

January 22, 1877.
ILW. Daniels, Esq.,

Collector of Customs, Buffalo, N. Y, :

Sir: The Department is in receipt of your letter of the 15th instant, inquiring
whether fish, caught in the waters of Lake Superior within the jurisdiction of the
United StatcH, and consequently of domestic production, can be carried to Canada
ind bo there subjected to a patent process of freezing for the purpose of preservation,
with the privilege of free entry on being returned to the United States.

The process referred to, you state, is similar to that mentioned in Department's letter
to the collector of customs at Detroit, dated the 3d instant. In that case the Depart-
ment held that the fish, being the product of the Canadian fisheries, was not entitled
to free entry either under the treaty of Washington or the provision of the free list
for "flsh, fresh, for immediate consumption," which, under the rulings of the Depart-
ment, applies only to flsh in the condition when caught, and intended for use at or
•iont the time of importation.

This process being thns recognized as effecting a change in the condition of the

ith, they cannot, on being returned to the United States under the circumstances
I detailed by you, be admitted to free entry as American production returned to this
I cooDtry " in the same coudition as exported."
' By order. H. F. FRENCH,

Assistant Secretary.

I'M. 8,] Custom-house, Detroit, Mich.,

Collector's Office, January 17, 1877.
SiB: I submit the protests and appeals of Mr. T. R. Merrill and Mr, J. B. Jessop,
j respectively (Nos. 3024e and 3025c), from the decision of this office, assessing duly at
I tlie rate of 50 cents per 100 pounds on certain 3,788 pounds fresh fish imported by
JKul Merrill on the Uth instant, and on 9,517 pounds fresh flsh imported ou the same
jMybygnid Jessop.

I Referring to Department's decision No. 22a5, dated June 4, 1875, and to your letter
jM (H. B. J.) January 3, 1877, addressed to me, I have to say that said rate of duty
j'»> assessed by me upon the importations referred to for the reason that the flen
|»ere not imported in their natural condition, and were not intended for immediate

512

AMERICAN FISHERIES.

consumption ut or near this port, but wore iutemlod for sbipmout to New York aim
Fbiladelpbui. A large portion of tUo fish incUulod in tli4> said importation Uy Mr J
B. Jessop had been originiilly frozen in particular Bbajics l>y Ibo jjateiit prncissV
ferrcd to in my letter ot (J. M. S.) December 29, 187(5, and tbo casksof lish go n^
pared, afleiward, and just previous to importation, broken up with a view toovad- \
lug thi) payment of duty under the decision in Department's sni'i I'-tcrof Januarr '■
:J, 1877, but not ko broken and separated as to render them unlit for Hliipmcnt and
preservation for a rcasouablo leupth of time. The remainder of Iho fish iu Mr. Jev
sop's importation and all of Mr. Merrill's importation had been taken from thopem
in which they wero kei)t, packed in barrels, and then exposed to the cold anil solidly
frozen for convenience of shipment.

My understanding of Department's decision in said letter to me, dated Jannarvli
1877, was and is that the provision of law authorizing the froo entry of "fish, f^ij i
for immediate consumption, " is intended to apply only to fresh-caught lish in their I
natural condition, and in such quantities as is reasonable to suppose areforimme-
diato and daily consumption at or near the port whore imported, and that all fish ii'-
ported in such condition and quantity as to warrant the belief that they are intended I
for shipment to other points must pay duty at the rate of 50 cents per lOOponndi, I
whether they arc frozen under a patent process or in anyothor mannorthat will pre-
serve them lor and during shipment. 1

I have the honor to report that the requirements of the fourteenth and fifteenth j
sections of the act approved June 30, 1864, have been complied with by the ap i
pellants. '

Very respectfully, your obedient servant,

D. V. BELL.

Collector.

Hon. L. M. Morrill,

Secretary of the Treasury,

Detroit, January 11, lOT.
Hon. D. v. Bell,

Collector of Customs, Detroit :

Dear Sir: I hereby protest against the asses'^ment of one-half cent per pound on 1
3,788 pounds fresh fish imported by ine this day, claiming they should be free, beipjj
for immediate consumption on arrival at New York. 1

They are caught in the Thames River, near Chatham, and sent here for immediatt]
shipment to New York for consumption. I therefore claim the amonnt exacted]
($18.94 gold) should bo refunded.
Very respectfully,

T. E. MEBEILL.

Detroit, January 11,1877,
Hon. D. V. Bell,

Collector of Customs, Deiroit:

Dear Sir: I hereby protest irgainst the payment of $47.58 gold assessed by yo^
upon 9,517 pounds fresh fish iriported by me this day irom Windsor, claiming M
should bo free, being for immediate consumption on arrival at Philadelphia, wheir
they are to bo shipped at once.

I claim also they should be free for another reason, viz, that they are tisU caught ij
Aracricaui waters in Detroit River, and are placed in refrigerators in Win<l8or»iif
withdrawn as we require them for shipment. In view of the foregoing facta I claia
the amount exacted should be refunded.

Very respectfully, j. b. JESSOP.

London.]

January 23,1877. ..
Collector, Detroit :

Sir : The Department is in receipt of your letter of the 17th instant, transmittinl
the appeals (3024e and 3025c) of T. R. Merrill and J. B. Jessop from your decisiol
assessing duty at the rate of 50 cents per 100 pounds on certain frozen fish ir
ported into your poit from Canada, which the importers claim to be exempHf™!
duty under the provision in the '* free list," for "fish, fresh, for daily consumptioo.

It appears that the said fish, which are the product of the inland waters of unr
are not imported in the natural stato aor intended for daily consumption, I'-'ti
preserved by being froztin iu barrels by a patent process or otherwise, tor thepori
of transportation to dis ;ant cities.

AMERICAN FISHERIES.

613

Under these circunistiuicea the fish not heinfj " freHli, Jor datly consumption," but in
fict preserved, tlie De])art»ifint concnrH with yoii in the opinion tliat they are dntia-
'leattherate iiforeaaid nndcjr tho piovision iu schetlulo F, for "all other foreign
wwehtfish » * * fresh • " » not othorwiHO provided for," and Dopartmont's

iMtructions to you of the 3d instant.
Tonr decision is therefore - flBrmod.
By order :

Respectfully,

H. F. FRENCH,
Assistant Secretary.

CusTOM-HousE, Buffalo, N. Y.,
Collector's Office, January 25, 1877.

Sib: Your reply of the 23d instant (H. B. J.) to uiy inquiry of the 15th instant,
I whether fish caught in the waters of Lake Suprrior.within the jurisdiction of the United
1 States, and exported to Canada for the purposo of heing frozen can be returned to the
I United States free of duty, is received.

It is admitted by Messrs. Jones & Trevalleo that under decision of the Department,
I in letter to collector of customs at Detro; c, under dato of the 3d instant, such fish cau-
notbe returned under 1482 of the free list as Amori( m productions returned to this
I country in "same condition as when exported," but i laini they should be admitted to
Ifreeentry under the provisioiiH of eecMon 2505 of the Revised Statutoe.for the pro-
Idnceof American ficleries, and Treasury decisions (S. S.) 342 and 2872.

A decision upon this point is respectfully requested.
Respectfully,

W.

lerC. C.

Hon. Secuetary of the Treasuuy,

Washington, D. C.

DANIELS,

Collector.
OANDEE,

Deputy.

(1079c.)

sauif.] Treasury Department,

Washington, D. C, February 5, 1877.

JCOLLECTOUOF CUSTOMS, Buffalo, N. T. :

Sir: The Department is in receipt of your letter of the 25th ultimo, renewing the
[question whether iish caught iu the waters of Lake Superior within the jurisdiction
lot the United States, exported to Canada, and there frozen for the jjurpose of pres-
[frvation, can bo returned to the United States free of duty.

You state that Messrs. Jones & Trovalleo, the parties at whose instance the inquiry
[is made, concede that the nsh, under such circumstances, are not entitled to free
leDtry as being returned to the United Stateo in the same condition as when exported,
Ikt claim that they should bo admitted to free entry under the provision of the free
jlist for the produce of American ..jheries, reference being made to Department's de-
Icision of January 22, 1865), and Juno 21, 1876 (S. S., 342 and 2872), authorizing the
[free entry of fish caught and cured without the limits of the United States, as sus-
[taining such claim.

In reply you are informed that the fish in the case supposetl, being caught in the
luatcrsof the United States, the decisions referred to do not apply; and being of
IdoinesMc production there is no provision of law authorizing their free entry on their
jbeing taken to Canada, and thereafter returned to this country in a condition differ-
|ent&nmthat in which they were at the time of being taken to Canada.

By order:

H. F. FRENCH,
Assistant Secretary.

CusTOM-HousE, Detroit,
. Collector's Office, February 9, 1877.
8m: I submit the protest and appeal of Mr. C. W. Qautheir (No.—) from the de-
Iwion of this ofiBce, assessing duty at the rate of 50 cents per 100 pounds on certain
l&Mhflsh imported by him into this district February 7, 1877.

S. Ex. ll.*^ 3.1

514

AMERICAN FISHERIES.

Roforring to 8f >pi»oal, I liavo tbo honor to roport that the roquircmontsofthe
fourtoontb and uitccnth sections of tho act approved June 30, 1804, liiivo beeu coi-
plied with by tho appellant, and that I a.wessed duty on same, not nii^urding them u
** lor imnaediato consumption," but for h1. ipmont in tho United States for future con-
sumption.
The appeal is inclosed horewitli ; also protest.
Very respectfully, your obedient servant,

T). V.

Hon. L. M. MoKRiLL,

Secretary of the Treasury, Washington, D. C.

BELL,

Colkcto'.

Detroit, /''e6r«a»i; 7, 1877.
Hon. D. V. Bell,

Collector of Customs, Detroit :

Dear Sir: I hereby protest against tho payment of $41.97, gold, assessed liyyool
upon8,;j95 pounds fresh whitofish imported by nie this day for shipment to Pbiiailel-f
phia for immetliato consumption. I claim they are entitled to ftve entry, as thevarel
not frozen, either by patent jirocess or otherwise (see Department letter, T, B. S., Jao-f
uary 23, 1877), but are just taken fresh from tlio water. I pay the amount in ord«l
to get possession of the lish, and claim it should bo refunded.
Very respectfully,

C. W. GAIJTHIEE.

The Secbetary of

Detroit, February 7, 1877,
Hon. L. M. Morrill,

Secretary of the Treasury, Washington, D. C. :

Dear Sir: I have tao honor to state that I have this day filed protest with th^
collector of customs at this port against the payment of $41.97, gold, assessed l),v bin
upon 8,395 pounds fresh whitetish imported by mo, claiming they should b« free, a
they are fresh, just taken from the water and not frozen, either by patent proccMo
otherwise. Thoy are for immediate shipment to Philadelphia in the same condiliod
in which they are in at present, and intended for immediate consumptioa on arrival
at Philadelphia. In view of tho foregoing facts I trust you A\ill authorize arefunl
of the amount exacted.
Very respectfully,

C. W. GAUTHIEE.

Detroit, Felmary 9, 1877. j
D. V. Bell, Esq.,

Collector, Detroit :
J Dear Sir: I hereby protest against tho payment of $129.39 gold assessed byyoi
upon 25,677 pounds fresh fish imported by me this day, claiming they are entitled tf
free entry as fresh fish for consumption. They are all sold and delivered to iiartiej
in Detroit under contract made last fall. I therefore claim the amount should he r
funded.

Very respectfully,

C. W. GAUTHIEB.I

Bell.] l;i<,BUUABYl7,1877.j

Collector of Customs,

Detroit, Mich. :

Sir: Tho Department is in receipt of your letter of tho 9th instant, submitting tIJ
appeal (3236c) of Mr. C. W. Gauthior from your assessment of duty on certain m
fish imported by him into your district on the 7th instant. . .

It appears from the appeal that the fish in question aro fresh an. not frozen, eitbj
by patent process or otherwise, and that thoy are intended for shipment to Philw*
phia in their present condition and for consumption on arrival there while fresh. I

The fish in question are therefore entitled to free entry under Department sdeci
jon of June 18, 1866 (see Synopsis, 1865, 1867, page 55), and you are authorized I
ac^nst' the entry accordingly, and to forward a certified statement for therefimnj
the dui'es exacted thereon.

By order :

^'"^'"^'^^y H. F. FRENCH,

Assistant Seere>sri\

AMERICAN FISHERIES.

515

Detroit, Februta-y 21, 1877.

D. V. Bkll,

Colleolor of Customs, Detrott :

Dear Sir : I hereby protest against tbo payment of duty assessed by you npon fresh

fish imported by mo as follows :

February 15, 1877, 16,107 pounds, at one-half cent ccin $80 Ui

February Hi, 1877, 2,210 pounds, at one-half cent coin 11 05

Total 91 60

I claimiog they should be free as fresh fish for consuinittion, and that the amount ex-
j Kted should be refunded.
Very respectfully,

C. W. GAUTHIER.

Windsor, Ontario, February 26, 1877.
I The Secretary of thb Treasury,

Washington, D, C:

Sir: I hereby wish to call your attention to the collection of duties on fresh fish,
I fhich I call illegal, and demanded of me at the ports of entry in Detroit, Mich., and

It 5Mj)«i«i(m Bridge, N. Y.
I 1 imported at the places set opposite tho following entries fresh fish upon which

iM exacted a duty of one-half cent pe;r pound in gold, which I paid or caused to b©
Ipiidnnder protest, to wit :

Where paid.

iDrtroit

Do

Do

Do

Do

Do

Do

Do

|8apeii8ion Bridge

Do"!!!;;!!!!;

Date.

1877.
Jan. 12
Jan. 28
Feb. 1
Feb. 7
Feb. 8
Feb. 15
Feb. 15
Fob. 10
Feb. 12
Feb. 17
Feb. 20

Paid per
pound.

Cent.

Amonnt.

VounAa.

9,439

19,460

2,110

8,343

25, 677

14,780

1,327

2,210

11,700

21,660

45,564

Tiewithiu fisliwere all fresh fish, and were intended for daily consumption and
lircdto be sold and disposed of with least possible delay, as they would spoil in
ishort time. Tho entry of the 12th January, with exception of 1,717 pounds of tho
Bth February and 4,476 pounds of the entry of February 20 at Suspension Bridge,
Vera M fresh from the river Detroit. I know that other parties are importing fresh
bh free of duty at Detroit. I hereby pray that the duty so unjustly collected may
'«i«tumcdto mo, and, if required, can send additional affidavits to substantiate what
[now Bay, that all of these fish were fresh fish and liable to spoil and become of no
line in a short time.

I remain, yours truly,

C. VV. GAUTTIER.

I I,JohuL. Nenr, United States consular agent at Windsor, Ontario, do hereby cer-
lifythat I know Mr. C. W. Ganttier to he a truthful and reliable person and the
on whose name appeal's as above subscribed, and the statements above set forth
»fa: as my knowledge and belief I believe thorn to be true.
Dated Windsor, Ontario, February 26, 1877.

JOHN L. NEUR,
Consvlar Agent, United States,

United States Attorney's Office,

Eastern District of Miciuqan,
, , Detroit, June 13, 1877.

"»>■ John Sherman,

Stcretary of the Treasury :

I have tho honor to inclose herewith compared copy of tho decision of Judge
<^n, of the United States circuit court, in the case of Qauthier v. D. V. Beli,

516

AMERICAN FISHERIES.

collector of the port, iu relation to the importation of frozen IIhIi. The case wait fuUt j
a ued, and, as you will see, the decision heretofore arrived at by the Department j
wud sustained by the court
Very respectfully,

S. M. CUTCHEON,
Vnited Statta AUvm).

♦'Brown, J.:

" Although the fish in question are frozen in barrels or in largo jpauH in a solid inai* I
or cake, I think they are still to bo considered as fresh fi^h. This torui is nhviootlr I
used in contradistinction to fish which are cured, salted, smoked, dried, pickled, or!
otherwise rendered capable of preservation for an indefinite lenytli of time. TL»|
testimony shows clearly that frozen fish retain their flavor so long as tho tomporatun]
is preserved below tho freezing poiiit, and that they are sold in the niarkot and known |
to the trade as fresh fish.

" The only difficulty in this case arises from the use of the words ' for immodiate con- i
sumption.' While I am strongly inclined to the opinion that fish imported iu their nat-l
ural state, wlipther to be sold upon the market at the place of importation, or to be)
shipped to distant towns, would still be for immediate consumption, I think the f»otf
of their being frozen iu cakes prior to their importation evinces a munifcst intentioni
that they shall not bo immediately consumed. While they were sometiraos brokenj
up and placed at once upon tho market at Detroit, they wore morefrequeutly shipnedj
to Cincinnati and Philadelphia, in common cars, and there put upon tho market uutli
sold. It was shown that fish so frozen could bo kept for months, nnd even years, wlthl
no material loss of flavor or perceptible decay, and that, iu the winter, it'was uo nn-j
common thing for them to bo kept for two or throe mouths, the lengWi oftimo.ofl
conrse, depending upon tho state of tho weather. Under these circumstances, I tbinJEf
they cannot be classified as fresh fish for immodiate consumption. j

"A portion of these fish were originally caught in American waters, carried to Can-j
ada for the purpose of being frozen, and a bond given for their re-exportation to tliaj
United States. It was claimed that oven under Schedule F., section 2i)04, these wen
exempt. As this schedule appMes only to ' foreign-caught ' fish, I think tlwflshiiii
question fall within the provision of section 2.505, page 486, viz : ' Articles of growthJ
produce, and manufacture of the United States, when returned iu the same conditioi^
as when exported, but proof of identity of such articles shall be made under regnli
tions prescribed by the Secretary of tho Treasury.' These regulations are contains
in the printed copy of tho general regulations, articles 37;M-W) and ;!77, auditwai
admitted these regulations had not-been complied with. This (vas an indiapenMbld
prerequisite to their admission free of duty. I

" It was not the intention of Congress, by the use of the words ' foreign-caught,' ta
place domestic fish in a category distinct from that of other articles of homo product
tion, or to dispense with the proof of identity required iu all other cases, and sontt
cssary to prevent frauds.

"There must be a judgment for defendant."

Treasuuy Department, March 0, 1877.
Sir : I transmit herewith the appeal of C. W. Gauttier, dated the 26th ultimo {M
3420e), from your decision assessing duty at tho rate of one-half cent per pound oi
certain fresh fish imported by him into your port between January 22 and Fcbrnaif
16,1877. i

You will please return tho inclosed paper, with your report thereon, at an earlydw
stating particularly whether the party or parties have duly complied with the reiinirt"
ments of section 2931 of tho act approved June 212, 1874.
I am, voiy respectfully,

S. I. KIMBALL,
Acting Chief Cld.

D. V. Bbll, Esq.,

Collector of Customs at Detroit, Midi.

Treasury Department. March 6, 1877.J
Sik: I transmit hftrewith r copy of an appeal of C W.'Gaiittier dated tb«26«
ultimo (No. 3420c) from your decision assessing duty at the rate of one-nalt cm
per pound on certain fresh fish imported by him into your port February 12, 1'. M
20. 1877.

AMERlCAK FISHERIES.

517

I Yon will please return the incloBcd paper with your report thorcon oi: < iirlvday,
libiiuir particularly whether thw party or particB liavo duly complied ivith the re-
lloireiiients of Bection 2il31 of the act approved June 22, 1874.
' I am, very respectfully,

' S. I. KIMBALL,

Actin^ Chief Clerk.
T.E.Ellswoutii, Esq.,

Colkotor of Customs at Suaisenaion Bridge, N. T.

CusTOM-IIousE, Suspension Bridqe, N. Y.,

Collcctor'a Office, March 8, 1877.

ReferriDR to your letter of the (ith instant, initials " H. 13, J.,' transmitting

lietter of January 3, 1877 (No. 3062), and accordingly were held to he dutiable at the
ateoflifty cents per 10(» pounds.

Tho importations made February 12 and 17 were entered for consumption and
Jdotiespaid, Tho importation madoFebtaary 20 was entered for transportation in
IboDil to New York.
Very respectfully,

T. E. ELLSWORTH,
/ Collector,

Hod. Lot M. Morrill,

Secretary of the Treasury.

Ij, M. S.] CusTOM-HousE, Detroit, Mien.,

Collector's Office, March 8, 1877.

Sm: I bave the honor to acknowledge receipt of your letter of H. B. J., March 6,

pKJ, inclosing appeal (No. 3420e) from my decisions assessing duty at the rate of 50

MteperlOO pounds on certain fresh fish imported by C. W. Ganthier into this port

krtween January 12 and February 1(5, 1877, directing mo to report thereon.

In relation to the eight different importations included in said appeal, I have to

■ytbat tho Grst mentioned ("January 12, 1877, paid i cent per pound on 9,439")

low not appear on the records of this ofidce, but on January 11, 1877, there was im-

wrted by J, B. Jessop, a partner of tho appellant in the present case, 9,517 pounds of

bb fish frozen under a patent process, upon which duty was assessed, and protest

JiDd appeal iiled. The apx)cal was transmitted from this ofHce nnder date of January

jl'iltffT, to wliich you replied in letter of T. B. S., January 23, 1877, sustaining my

iMtion. The two succeeding importations ("January 28, 1877, paid ^ cent per pound on

|18,4u9 pounds; February 1, 1877, paid i 'jiut per pound on 2,110 pounds") do notap-

Tear on our records, but are evidently intended to represent two importations of fresh

Ishmade on the dates mentioned by J. B. Jessop, of 19,550 pounds and 2,457 pounds,

Mpectivelv, upon which duties were assessed, and against which action no protests

Ihvo ever been iilod iu this otiice. The fourth importation mentioned in said appeal

I'Febniary 7, 1877, paid i cent per pound on 8,343 poHnds"^ was made as represented,

protest ami appi^il tiled in accordance with law, and a refund of tho duties exacted

itdered in your letter of H. B. J., February 17, 1877.

.The four succeeding importations referred to in said appeal were made as alleged,
p: ii5,677 pounds on February 8, 14,780 and 1,327 pounds on Febrnary 15, and 2,210
wunds on February 16, against tho exaction of duty, <m which protests were filed in
ta» office in accordance with law, on February 9 and February 21, 1877, anu arehore-
^■tb submitted. J' » »

. .^j'"*.the exception of tho first three importations mentioned in said appeal, none
P' tbe fisb were frozen under a patent process, but were all more or less frozen in the
iKsnges iu which they were imported, and were shipped to New York and Philadel-
phia m that condition, where they man have been put on the market for immediate
Fjiisimiption, or they may have been sugar-cured or pickled foi future consumption.
fw large quantities of fish shipped from Canada during tho winter to New York and
tt n^"'"*" ^'^^h ^ia this port. Suspension Bridge, and Buffalo, is a probable indica-
"ntbat •hotish are intended for preservation and future use, and' not for immediate

WBUinptlOl!.

L:K''"''^i'ent by Mr. Ganthier, in his appeal, that the fish mentioned therein were
R f f rl^ the Detroit River, is calculated to mislead. No fish are taken from
r """»t River in the winter, from the fact that said river is entirely frozen over

618

AMERICAN FISEISBIEB.

(Inrinir thn winter. Mr. Oaiithior nndothor llHhnrmun altrnff t.ho Detroit Rivorciii*
thoir liHh during tho Huramor and fall, cuidlning them in petu aloiii; tiiu riverkj
until such time ua they may bn wanted, when they aro taken theretrdtn niul diinioJ
of. I exacted duty on tboao fUh imported by Mr. Oautbior, and upon iinnortutid
of a aimilar nature by other lartius, for the reason that I held that tliu provlsiong
law (sec. 2505, Kov.Stat.) exempting from duty "fish, fresh, for iiuniiHiiutocoiisuiiii*
tion," and the various decisions of tho Department thorouuder, applitid only toioel
importations offish, fresh-caught, in their natural condition, and m .such qunntitid
as would bo reasonable to suppose wero for immediate consumption, aud actinunix
such couali uctiou of the law aud said duoisions, I have exacted duty upon nil jmpon
tiouH of fresh fish frozen under patent procosaos, aud all buoh as wuro otliorwiiio frr
and imported iu such quantities as to raise the presumption that tlmy wero notii
tended for immediate consumption at or near this port. The onlyfruHh flHh Ilu3
admitted to free entry within tho past two months have been such aH wcru iinpotu
in quantities that could be consumnd whilu fresh in this market, and upon thecnu
of which tho importer should subscribe an oath to tho olFect that tho tiitli wore fresi
iu their natural condition, aud were intende<l for immediate consumption atoroei
this port and not for shipment.

Tho said appeal by Mr. Qauthier, together with two protests covering the four it
portations mentioned in said appeal as having been made on tho 8th, 15th, aud ill
of February, is herewith inclosed.

I am, very respectfully, your obedient servant,

D. V. BELL,

Colkttor.i

Tho Secretary op tub Treasury,

Washington, D. 0,\

Adams.] * Mahch 17, 18::, j

CoixECTOR OF Customs,

Stttpension Bridge, N. ¥. :
Sir: Referring to your letter of tho 8th instant reporting ou tho appeal (M
of C. W. Gauthior from your assessment of duty on certain fish imported by him iol
your port on tho 12th, 17th, and 20th ultimo, you will please iuform tho Deparliii«i
whether tho requirements of section 2931 Revised Statutes have been complied wij
by tho appellant.

Department's letter of the Gth instant particularly requested yon to fnrnitih tliiaii
formation.

Respectfully,

H. F. FRENCH,
Jasialant SccietitJiM

CusTOM-HousE, Suspension Bridge, N. Y.,

Collector's Office, March 20,l«n.\

Sir: Referring to your letter of tho 17th instant, initials " H. B. J.," relative toil
appeal (3420e) of C. W. Gauthior from tho assessment of duty on certain frcali fish
tills port, I have to report that tho importations made February I'i and 17 wcrocd
signed to H. J. Gunn, who entered the same and paid duties thereon ainountiDgl
$166.60 coin, February 19, 1877. The requirements of section 2931, Kevised Statii^
have been complied with, as tho protest transmitted herewith was Hied in thisoffi
February 27, 1877.

The importation mado February 20 was consigned to and entered liyJauiosl
Feygon for transportation in bond to Now York and no protest was filed.
Very respectfully,

T. E. ELLSWORTH,

ColM'i

Hon. John Sherman,

Secretary of the Treasury.

April 2, lOTJ

Adams.]

Mr. C. W. Gauttier,

(Care of John H. Jenks, )

Windsor, Ontario, Dominion of Canada :
Sir: The Department has this day affirmed tho decisions of the collectorsofcusW

at Detroit, Mich., and Suspension Bridge, N. Y., assessing duty at the ™teoi""^.S
cent per pound on certain fish imported by yon at Detroit February 8, 15, ana lo, i«

AMERICAN FISTIKRIES.

510

[ inJ at Siiiii"'i»H'«u BridpB February I'i, 17, and 20, 1H77, an<l declined to vutortaiti ho
I j,||,.ijof your iiinicnl ot tho 2(i(h nllinio {'MiiOe) iih relatcH to j'our entries of .lunuiiry
1 'HtvA Ftibruiiry 1, 1877, ut I)ntn)it, and of February '20, 1877, at HuHpoUHion Itridgo, ia
(onueqi'C'co of your failure to lllo i)rot(mtB therefor.
Reapoctfu'lly,

11. F. FRENCH,

Aatittant Secretary.

I jjjjni.] AriuL a, 1877.

CoLiECTOB OF Customs,

lietroil, Mich. :

Sir: Tho Department Ih in receipt of your letter of the 8tli inHtant, veportiug upon
I ihenppeal (:i4'20c) of C. W. Oauttier from your anseHaiuent of duty at the rate of one-
lalf centpor pound ou certain fish iniportud by him into your port January 28, Feb-
raary 1, 8, 1.'), and 10 last, and claimed to be entitled to free entry under the proviaion
intbefrco list. Revised StatutcH for "lish, frcHh, for immediate consumption."
It appears from your report that it has been tho practice at your port to admit to
[m entry, under the provision of law above cited, such fresh lish rnly as wore im-
ported in (itianti ties that could be consuuurd while fresh at or near your port, and
that tho iinmonse quantities of fish imported from Canada at your port, Suspension
Bridge, and Buffalo for shipment to Now York and Philadelphia is an indicatioa
tiiatthflyaro intended for preservation and future use aud not for imniodiato con-
nniptioii,
Tim appeal of Mr. Oauttier covers the importation of 162,209 pounds offish during
thi' inontlis of .January an<l February last, and, upon consideration, the Department ia
ofopiuion that such large importations would probably not be consunuid immediately.
Yotir assessment of duty on tho importations of February 8, l.i, and 10, 1877, is
hereby afDrmed.

I Inconsequence of the failure of tho imjiorter to file protests in duo time on their
I ffitrics of January 28 and February 1, 1877, 1/ho Department declines to entertain so
j bh' h of his appeal as relates thereto.
By order :

Respectfully,

H. F. FRENCH,
Assistant Secretary.

I Adams.] Apnil. 2, 1877,

I Collector OK Customs,

Suipension Bridge, N. T. :
Sir; Tho Department is in receipt of your letter of tho 20th instant, reportinp fur-
Itkron tho api)oal of C. W. Gauttier from your assessment of duty at tho rate of one-
half cent per pound on certain (ish imported by him into your port on tho 12th, 17tb,
I and '2()th ultimo, and claimed to bo entitled to free entry un<lcr the provision in the
|fr»ell8t, Revised Statutes, for " fish, fresh, for immediate consumption."
j It appears from your report of tho 8th Instant that the fish in question were packed
I in biirrols ftnd frozen I)y some artificial process, and that duty was assessed thereon in
JMcnrdiinco with Department's decision of January 3, 1877 (S. S., 3062).
I Your assessment of duty on tho importations of tho 12th aud 17tli ultinm is there-
jforf affirmed.

It appears from your report of tho 20tli instant that no protest was lodjted for the
jentryot'tho20th ultimo, and tho Department therefore declines to entertain so ranch
of the appeal as relates to that entry.
By order :

Respectfully, ' H, F. FRENCH,

Assistant Secretary.

[^•^•S.] CusTOM-HousB, Detroit, Mich.,

Collector's Office, June 15, 1877.
SiRt Referring to the appeal (3420e) of C. W. Gauthier from my asscMsment of duty
l>ttbo rate of fiO cents per 100 pounds on certain fish imported by hini into this port
IJannary 28, February 1, 8, 15, and 10 last, and claimed to bo exempt from duty under
I'M provision iu the free-list, Revised Statutes, for " fish, ^resh, for immediate cou-
[("■"l"'™) and toDeiartment's decision thereon, sustaining my action {S. S. 3181), I
IS?"' ''onor to roport that after said decision was made known to him (Gauthier),
Ijeconinienccd suit in tho United States circuit court against mo for recovery of the
I tiM BO paid by him. Under stipulations between counsel a jury trial was dis-

iO

AMERICAN FISHERIES.

ponscd witli, and tho <uin« prcNcntod to tlio court (Judgo II. Urovvn) in pliaiiil)(>ti, I
Tho docisioQ of tho court ordering ludgaient for dofctiduut \a horowif li inclowl. i(l
will 1)0 noticed that Judgo Brown, in 8iid docislou, inclines to tho oiiinioii tbatfMlii
flah imported in thoir natural condition (not frozen by patent prnccNH or ntiicrffiieil
would 1)0 ontltlud to free outi'y, without regard to quantity import* d, or wLcthwl
tboy uro intended for conNunijition at or near tho port of importation, or intended fori
Hhipnient to distant partH of tho country. I

I have to rcqucHt that I bo instructed a« to whether or not tho Dttpartmentcoucnnl
with such opinion, and if I Hhall admit to frco entry all i'rcah flMli miportcd inthtit]
natural condition.

I am, very respectfully, your obedient servant,

D. V. BELL, CoUtttw.

Hon. Jno. Sueuman,

Secretary of the Trcamry, Washington, 1). C,

CUSTOM-IIOUSK. BUKFALO, N. Y.,

Collector's Office, JuneW, 1877.

But: UnoCQcial information has boon rec(;ivod at this ofBco tlint the United Statnl
district court at Detroit, Mitdi., has decided that imported fresh iiHh packed in ice an|
not entitled to entry as iish intended for immediate consumption.

I respectfully ask to bo informed if tho decision above referred to applies to alll

fresh flsh packed in ieo imported from Canada. I

Dealers in this city import fi?sli iish for use iu this market within a sliort tinje,]

while fresh, which are car.ght in tlio waters of Lake Huron conticuous to the DomiD.J

ion of Canada, and v;hich are packed in ice for preservation while In transit from]

Godericb and other places in Canada to this port, this being tho port of importation,!

It has been the practice at this port to admit such iish free of duty as boinf; "freili|

fish for daily consumption" at or near tho plac^ of importation.

I am, very respectfully, your obedient s -vaut,

JNO. TYLEK,
Collector.

Hon. Seorbtaby of the Treasury,

Washington, D. C.

■'Sworn to bel

Mr. Swank.]

[Enolosnre Ko. 34.]
(1079 0.)

jcN« 27, isn.

Collector C U8TOM3, B«/a?o, ^. r.:

Sir: This DopRrtment is in receipt of your letter dated the 20th instant, stating
that dealers in Buffalo import iish, for use in the market of that city, caught in tw
waters of Lake Huron, contiguous to the Dominion of Canada, and packed iuiceBj
preservation while in transit from Godorich and other plrces iu Caniula to sac^
market.

In reply to your inquiry whether these fish are subject to duty under the ueciffloi
recently rendered by the United States circuit court at Detroit, Mich., yon are 'j
formed that said decision related in express terms to fish only which have beenfrozf
in barrels or in large pans in a solid mass or cakes prior to importation.

In this case it was shown to tho satisfaction of the court that fish so frozen couij
be hiipt for a long period of time without material deterioration. i i *k ,

Tho mere fact that fish are packed in ice on importation ought not to exclnue tna
from the operation of the provision in the free list for *'flsh, fresh, for immediate con
snmption." Satisfactory evidence is presented that they are intended for luimeaiaij
consamption.

T^ery respectfully, h. F. FRENCH.

AtsiatantSwretari'i

AMERICAN FISHERIES.

52J

Fink, Freih,for Immediate f'ontumption.

TuKASURY Drpartmrnt, Maif '£i, ItiSQ.

Tbe attontiuu of tho Dopartniont linN Iteini ruceiitly brought to tho fact that l'r«Hh
dill are RomotiiiiuH udtnittml frto of diitiuH, on tho northern frontierH, iu oxcesHive
gatiititieH.

Under thn oxiHting regalationn, iiunortatioun of flnh which will not probably be
conaiimed iininediately niUHt bo treated an dutiablo ; thus, in tho oaso of tao importa-
lldj |,y tt person of \CtiM&J r.osir.dn n*- T'>"t:-: it, tL^ ^vU»;. ol" th-.- '•"''"••'••r i:i a-smjoaiug
JnticBwaHulHrniisd.

Tbt'DipartniiMit Ih inforniod that at Hundimky, Ohio, fniHh QhIi canght in Cana<lian
fjicrs, viuyinj? in quantity from a few hundred |)oun<lB to sovoral tons, aro rocolved
ind M)l(l to tluulorH fur Hhipmout, or for consumption, and that sach an remain on their
bunds aineitlior frozen or salted for future nso.

ItlmH linrntuforo been tho cuHtom at the port last mentioned to allow such importa-
tiuDAfreonf ilutieN, and it is surmised that a similar praotico has prevailed at other

ports.

A9(ho law authorizes tho admission free «)f "iish, fresh, for immediate consump-
tion' imly, duties fchould 1)0 paid on any considerable surplus whieh may be preserved
u afoDisuiil.

Ontheotitry of suoh tttth in any considerable quantity, if ^ho collector of customs
ilia doubt whether the (juantity is excessive, and therefore <lutiable under tho regn-
Ittiunit established, ho will require tho importer to fllo an aihdavit in the following
form:

'I,-

-, solemnly •

• that tho fresh fish imported by uie, and mentioned

iu the unnexcd eutry, are for imuiediato consumption, and that no portion thereof ia
inl«ndeil for preservation by salting, freezing, or otherwise.

[To be signed.] "■ .

'Sworu to before me this day of , 188-.

" — _ — — _

" Vepuly Collector of Customs."

If in any case the quantity is so large as to repel tho conclusion that the fish is for
immediate cousumption, duties will be levied; and when it shall appear to the col-
lector that a portion only of any importation should be admitted free, be will exact
I duties npon the residue.

The attention of iiyportera of such merchandise will be invited by tho customs
I cicmtothe fact that* any fraudulent action on their part, whereby such fish shall
be illegally imported free of duties, will subject them to tho penalties denounced by
, Ihr statutes governing suoh cases.

H. F. FRENCH,

Acting Secretary.
CoLiRcTORS OP Customs and others.

CaiCAOO, December 26, 1885.
Hon. Daniel Manning,

Sccretari) of the United States Treasury, Washington D. C. :
Will you Icindly inform what the duties (if any) on fresh fish from Canada? Wo

I »w called on to pay at Port Huron %00 on a car load of frozen smelts, from Now
Branswick; former years it was only an entry fee. Manitoba for past two years has

! flooded tho western country with their fresh-water frozen fish duty free to injury of
dealers and home lishormen, and propose doing the same this winter. Wo have never
ncard or read that there is any tax imposed by our Government on Canadian fish im-
ported for "immediate consumption," but in fact they do unt go into quick consump-
liou, hut arc held iu "freezers" lor speculation, to injury of fish caught in United
States waters. Many of these imported last winter were salted ut Detroit and other
Nnts; some hero. Wo understood last winter Can.ada intended to impose a one-half
Mat pound export duty to prevent her waters from being exhausted. American fish-
ermen cannot fish in Canadian waters; the rights are all lot to Canadians, but they
Kll immense quantities of fish iu this country to the great damage of American flsher-

pien at different points on the lakes. At the SauTt Saint Marie, Michigan, large
jaantities of fish were shipped from there caught by Canadians, at the Lizards
siands, that were imported here, Detroit, and as tar as Buffalo. The shippers swear
ineyare for "immediate consumption," when in fact their condition ia such mnch
«i It has to be salted in this country to save it from being a total loss. Will you
i*"'y g'vc us proper information if any duties have been imposed, and conditions if

Yours, truly,

LAFLIN &, CO.

522

AMERICAN FISHERIES.

Trbasuuy Depautment. Office op the Secretaiiy

Washington, D. C, December 29, 1835
Messrs. IiAFLIN & Co.,

40 State Street, Chicago, III:
Gentlemen : In reply to your letter of the 2(ttli instant, yea are informed that while ]
fresh fish imported for immediate consumptiou are entitled to free entry, yet thatjt
would seem that such provision does not extend to a car load of frozen smelts which
it is understood are imported in a frozen condition for the purpose of preservation
Fish thus imported and not intended for immediate cousumption are dutiable at the
rate of 50 cents per 100 pounds, un''jr the provisions of schedale "G " T. I., new 280
for " foreign-caught fish, * • * whether fresh," &o. '

In case, however, you dec' re to have the question definitely decided by the Depart
ment, j-ou can submit it by protest and appeal under section 2931 Revised Statutej I
when it will he duly considered. '

Respectfrlly, yours,

C. S. FAIRCHILD,
, Assistant Secretary.

' ' CuiCAGO, Decemlc: ''1, 1885.

Dear Sir : We protest against your collection of Grand Trunlf Railroad on oraboot
the 26th this month, of a duty of $90.70, and express 50 cents on a car load of nal«ni]
frozen smelts shipped by W. S. Loggie, Chatham, N. B., and consigned to us, the]
sanio being intended, for immediate consumption. We have forwarded a duplicate to J
the Treasury Cepattment at Washington.
Yours respectfully,

LAPLIN & CO,
United States Collector of Customs,

Port Huron, Mich.

Chicago, Z)cc«ii6<t31, 188
Hon. Daniel Manning,

See'y of the Treasury, Washington, D. C. :

DeAr. Sir: In accordance with letter dated December 29, 1885, from the Treasury j
Department, numbered 2296 e, we protested to the collector of customs atPortHtiioDii
Mich., against charging duties on smelts consigned to ns, and inclose n copy of prol
test to your Depart.ment for consideration. While wo do not claim that the fish willl
be or are immediately sold for consumption on arrival at their destination, theyj
are us much so as ai>y natural frozen fish that comes in from Canada in th" cost, oJ
Manitoba in the wesc, in largo quantities, and if the fish from Manitoba are free dshi
the smelts should he, as eacli arc frozen by weather and not in pans by ico and salt I
Frozen fish imported from those places it is impossible to go into immediate consump-l
tiou. They arojjrcspri'cd fish really by freezing, and are bought so, thatdifferent hand-f
lers can hold them in •' freezers " until they can be sold at a profit, or during a supposed!
scarcity of fresh-cought fish, and they pass through several middle-men's bands beforeP
reaching the consumers. We would bo glad to see u heavy duty on all Canadian fish, J
but if other importers get their duties remitted by protesting in time we wish to i» J
one of them.

Yours, respectfully,

LAFLIN&CO.

Custom-House, Port Huron, Micu.,

Collector's Office, January 9, 1886.
Hon. D. Manning,

Secretary of the Treasury, Washington, IK C:

Sir: I am in receipt of your letter of the 4th instant (J. G. M.), transmitting thj
appeal of Lafiin & Co. from my assessment of duty on certain natural frozen r"
imported from Chatham, N'iw Brunswick. ,

In this case the requirements of section 2931, Revised Statutes, have bconcompliM
with, and I have the honor to report the appeal is apparently b.ased on the factth*^
the fisli are " natural frozen."

I hold that th<3 particular method of freezing for preservation can have no bearii
upon the question whether fish can be imported free of duty. These importotioiifl
are never in less than oar- load lots of from 20,000 to 30,000 pounds ; being in sm^
quantitiec, therefore, as to preclude the idea of" use at or abouttlie tirao of iniportM
tlon"— (S. 3062); which I hold properly construes the term " immodiato consnmp-j

AMERICAN FISHERIES.

623

•ion" as nseil in section •250(>, Revised Statiitos, thoy can bo kept for months, de-
nfndine upon tlie 8*ute of the weatlicr, and under sucli circumstances cannot bo
fLsified as fresh flsh for immediate consumption.'"^ (United States Circuit Court
into in S. 3280. ) I fail to perceive tlio fact that in this case the fish were artificially
inm makes any diflerence. In both that and Laflin's case the object was preseiva-
tion and future use. (S. 3181.)

But 't seems unnocesyary to pursue the subject. By section 6970 collectors of cus-
toms are instructed that fish of all kinds, the produce of the Dominion of Canada,
imported after July 1, 1885, are liable to duty.
Inelosnre returned.

1 am. verv respectfully, your obedient servant.

' ' W.L.BANCROFT,

Collector,

Treasury Department, Office of the Secretary,

Washington, I). C, January 20, 1886.

COLLECTOK OP CUSTOMS,

Port Huron, Mich. :
Sw: The Department is in receipt of your letter of the 9th instant, reporting on the
appeal 9340»», o*' Messrs. Lafliu &■ Co. from your assessment of duty on certain frozen
smelts,' imported by them from Chatham, N. B., on the 26th ultimo. You report that
impcrtations of this character never embrace less than from 20,000 to 30,000 pounds
offish, and that the quantity imported, and the fact that thay can be kept for mouths
in this condition, precludes the idea that they are intended for immediate consump-
tion and entitled to free entry under the provision in tlio free list, act of March 3,
18^3(1. 1. new, 699), for "lish, fresh, for immediate cousumption."
Your assessment of duty being in accordance with tho Department's decisions of
Jamiary 3, 1877 (S. 3062), and June 27, 1877 (8. 3280), is hereby affirmed.
Tho fact that the fish in question are frozen naturally and not by artificial methods,
does not afifect the question as to tiieir being intended for immediate consumption.
Respectfully yours, .

C. S. FAIRCHILD,

Assistant Secretary,

Laflin & Co., No. 40 State Street,

Chicago, January 22, 1886.
C, S. Fmiichild, Esq.,

Assistant Secretary Treasury :
Deak Sir : Yours, 340 m, received with copy to collector at Port Huron on our ap-
peal. Wo have another car in to-day tho owner of which wishes us to protest against
paying duty, but we think it useless. There arc small hits of 1 ton and upwards that
tome in and are claimed to bo for immediate conHUT„plion, but are uot, as they are
sold to smaller dealers, or held till retailed by importers, and cannot claim to be used
npfor food on their arrival. We ship oysters to Manitoba; tho parties there claim
they pay a Canadian duty of 10c. ])or gallon ; tho {(uantity taken at a time is for more
mmliatc coiisiimptiou than any lotw of Canadian fisli imported into this country,
Will tim same ruling apply to the fresh fish caught in the lakes of Manitoba, nat-
arally ficueu there and shipped into this country via rail at Saint Vincent, Minn.,
o-the other line of tlie Saint Paul, Minnesota and Manitoba Railroad? TheManitoba
people Keem to b'l posted, as tbcsy want offers for their fish in Winnipeg against their
tlelivering here last winter. Some parties from there claim thoy pay no duty on de-
liveries in tho East via Canada Pacific Railroad and Toronto; largo quantities are
claimed to be imported into Buflalo, to the damage of our lake fish.
During the summer heavy fishing is done in Canadian waters at the Lizzard Isl-
ands, nortii of Sault Stc. Marie, and on Huron and Georgian Bay, and imported in
too large qnanf ities to go into immediate consumption, but is held in this scountry as
mdandke from three to ten days awaiting buyeru that sell again to dealers before it
roaches tho consumer— many of them having to bo ««?icd here instead of on Canadian
poind, to escape the duty on salt fish, and some of the stock is artificially frozen and
neld for winter use or sale. This class of fresh fish is packed in ice, when it comes in
carsholdiiii; from 1,000 to 2,400 pounds, andsometimes as high as twenty largocarsat
one shipment. When they escape duties they are bad competitors from our own fish-
eries ; as thoy got a class of labor cheaper and get their twine cheaper, they can un-
ilcraell American-caught fish. During the winter contracts aro usually made with
the heavier Mienuen on both sides for their season's catch, and tho price paid the
liiihernian depends partially on whether those fish pay a duty or come in free.

624

AMERICAN FISHERIES.

The Manitoba fisli mostly como iu during wiutera in car-lots of 20,000 to '000
pounds, but thoy aro gradually working iii to shipping iu sumiuor packed in ice in
fish cars like those via Sault Sto. Marie. If you can give us any information regardini'
duties now about the Manitoba frozen or the suniiner cauglit lash, it av ill help and
benefit us and fishermen in our waters. We are in no way interested in lisbinr and
buy all we handle. We heartily wish the duty was 1 to 2 ceuti per pound. ^'

Those Canadians flood us at times, making dealers and home lisheniieu alike lose
money, while they do not benefit the consumer only for a few days at a time.
Yoursj truly,

LAFLIK & CO,

TREASURY DEPAnT.MENT, OFFICE OF THE SECKETARY,

fVashington, D. C, January "^ 188G.
COLLBCTOR OF CUSTOMS,

Saint, Vincent, Minn,:
Sir : The Department is in receipt of a letter, dated the 26tli ultimo, from Messw
Laflin & Co., No. 40 State street, Chicago, 111 , from which it would appear tliatlanre
quantities of fresh fish caught in the lake.sof Manitoba, and naturally frozen arc
imported at your port free of duty as fresh fisli for immediate consnmptioii, Avbe'ri'as
they are not in fact for immediate consumption, but are intender^ for sale to smallrr
dealers, or to be held for retail to consumers, by the importers. In connection there-
with, I inclose for your information and guidance a copy of a letter addressed by the
Department to the Collector at Port Huron, Mich. , on the 20th instant, from which yim
will perceive that the fact that fish are frozen naturally, and not by artificiil means,
does not afiect the question as to their being intended for immediate eonsumptio)!,

Your attention is also especially directed to the last two paragraphs of Department's
decision of May 23, 1883 (S. 5729), for your further guidance in such matters.
Respectfully, yours,

C. S. FAIRCHILD,
, Assistant Seeretarij.

J. G. M.] Treasury Department, Office op the SiocRETAny,

Washington, D. C, January 30, 186G.
Collector op Customs,

Buffalo, N. Y.:

Sir: The Department is in receipt of a letter, dated the 2Gth ultimo, from Messrs,
Laflin and Co., No. 40 State street, Chicago, 111., from which it would appear that
large quantities of fresh fish canght in the lakes of Manitoba, and naturally frozen,
are imported at your port free of duty as fresh fish for immediate consumption,
whereas they are not in fact for immediate consumption, but are intended for sale to
smaller dealers, or to be held for retail to consumers by the impoi iIh. In counectiou
therewith I inclose, for your information and guidance, a copy uC ii letter addressed
by the Department to the collector at Port Huron, Mieh., on the 20th instant, from
which you will perceive that the fact that fish aro frozen naturally, and uol liy
artificial means, does not aft'ect the question as to their l)cing intended ior immediate
consumption. Your attention is also especially directed to tne last two jumgraplis
of Department's decision of May 23, 1883 (S. 5729), for your further guidance m micL
matters.

Respectfully, yours,

C. S. FAIRCHILD,
Assistant tlecnlanj.

J. O. M,

C 14, 1120i
D 133-249.

-'■I

Treasury Department,

Office of the Secretary.
fVashington,!). C, ./(/HMar//;tO,lHSC.
Collector of Customs,

Saint Vincent, Minn.:
Sir : The Department is in receipt of a lettor, dated the 2f)th ultimo, from Messrs,
Laflin & Co., No. 40 State street, Chicago, 111., from which it would iippear that
large quantities of fresh fish canght in the lakes of Manitoba, and naturally frozen,
are imported at your port free of duty as fresh fish for immediate consuinptioii
whereas they are not in fact for immediate cons'-.mption but aro intended for salet*
smaller dealers, or to be held for retail to consumers, by the importers.

AMERICAN FISHERIES.

625

, Inconnectidii tlicrowitb, I inclose for your inforrautioa aud guiduuco a copy of a

."etto addressed by the Department to the collector at Port Huron, Mich., on the 20th

instant, from which you will perceive that the fact that fish are frozen naturally, and

I not by artificial means, docs not affect the question as to their being intended for im •

I mediate consumption.

I I'onr attention is also especially directed to the last two paragraphs of Depart-
ment'o decision of May 23, 1883 (S. .'J7'2y), for youT further guidance in such matters.
Respectfully, yours,

C. S, FAIRCHILD,

Aasidtant Secretary.

I J, G. M.— B 1 1-4G52. I Theasuky Department, i

D 13&-144. 5 Office of the Seckbtary,

Washington, D. C, January 30, 1"86.

!Je88r8.LAFUN&Co.,

No. 40 State street, Chicago, III. :

Gentlemen : In reply to your letter of the 22d instant, you arc informed that the
Department cannot i)ass lipoii tho classification of "Manitoba frozen" and "summer-
cauijliffish in advance of their importation, and in the absenco of jirotest aud ap-
peal from tlio decision of the collector of customs.

The question whether lish are fresh and for immediate consumption must be decided
ineaclicaso by the collector in accordance with the rulings of the Department, and
the facts as they can be ascertained.
Respectfully, yours,

C. S. FAIRCHILD,

Assistant Secretary,

Laflin & Co., CniCAGO, February 4, 1886.

I C, S. FAIRCHILD,

Auistant Secretary of the Treasury, Washington, D. C. :

DearSiu: Wo inclose protest sent United States collector at Port Huron, to save
I Loggin tbo shipper, should other parties succeed in getting their duties refunded.
Wcaro in receipt of yours aflQrming the decision of collector at Port Huron ; also yours
I pf January 20, stating, in answer to onr inquiries, that it waa for the collectors at the
I Manitoba boundary and Sault Sainto Mario to decide if fish (fresh or frozen) in largo
! were subject to duty. We do not know how to get at it unless wo import fish,
hndifaduty is imposed appcjil lo the Department; but as the sellers want to sell at
homo, we cnunot agree on a price unless avo figure a duty same as on a lot of smelts.
Tliis the sellers are not willing to do. They claim they are shipping fresh iish in
211,000 lots into this coimtry free of duty. Wo do not know where the customs are col-
lected on importations from Manitoba into this country, or would write to collector;
ktit seems to uh if the Port Ilnron collector is right, then all other custom-houses
Uonld 1)0 instructed lo collectsamodutieson same class of goods, Ono importer claims
kcould brinjjhis fish from Port Huron in bond to hero. In such case, should the
Chicago ctor decide they were entitled to free entry, they wonld come in free,
while tL<i iliat pass at Port Hnrou would bo at a disadvantage of one-half c^nt
perpound (a lar}j;e disadvantage to a wholesale dealer). There can bo no such thing
as tons of tish being for "immediate consumption." Fifty or a hundred pounds fish
I might bo for iniincdiato use, but larger quantities usually pass through many hands
I before reaching the consumer. Cannot this matter bo taken up by the Department
•nd ii decision reached that will apply to all places of entry from Canada, either in
fresh or frozen lisli? Wt% aud other dealers as well, cannot conduct our business in-
hgently whcu tlie matter is left for different collectors to determine Avhat fish shall
j cost us, or what wo shall sell at, as Canada fish are heavy comjietitors at times. A
irge amount of capital is invested in this country in boats, tugs, nets, freezing-
houses, and largo bodies of men are employed ; all of which is useless if Canada fisli
; can come in free and undersell us.
The lake fishing industry of the United States is much larger than most people
arc aware of, as no reliable statistics have ever been published. The men are hardy,
fearless sailors. Their business is a precarious one, and none of them average more
thanaUvingfor themselves and families, excepting those having large capital that
MheavUy ; they have successful years, and make some money in the long run.
Yonrs, respectfully,

LAFIilN & CO,

526

AMERICAN FISHERIES.

J. G. M.— C 14-11788. ? Treasuky Dkpartment,

D 133-317. J Office of the Secretauy,

Washington, D. C, FebruantS, iggg,

COLLBCTOK OF CUSTOMS,

Port Huron, Mioh.:

Sir : Your assessment of duty at the rate of ouo-balf cent per yound on certain
frozen cod-fish and lierring imported into your district from Britisu North America
being in accordance with Department's decisions of January 3, )**77 (8. 3062), June
27, lb77 (S. 3280), and May 23, 1883 (S. 0721)), is hereby affirmed on the followin"
appeals submitted by you on the 2d instant, viz.: °

2079o, C. A. Ingalls, SO boxes, per G. T. U. R., January W, 188(5,
2080O, C. A. Ingalls, 87 casks, per G. T. R. R., January 26, 1886.
Respectfully, yours,

C. S. FAIRCHILD,
Aaaiatant Secretw^.

G. M.— C 14-11815.
D. 13S-330.

Treasury Department,

Office of the Secretary,
Washington, D. C, Fihrmry'J, 1866.
C01J.ECTOR OF Customs,

Port Huron, Mich.:

Sir: Your assessment of duty at the rate of one-half cent per pound, ou tcrtain i
fro/'tt smelts imported into your port from the Dominion of Canada, being in accord-
am o with Department's decisions of January 3, 1877 (S. 3062), Juno 27, 1877(8.3280),
and May 23, 1883 (8. 5729), is hereby afiQrmcd on the appeal (2311o) of C. A. Ingalls |
per rail (car No. 418), January 4, 1886,
Respectfully, yours,

C. A. FAIRCHILD.
Assistant Secretary.

J. G. M,— C 14-12102. } Treasury Department,

D, 13;j-373, 5 Office of the Secretaky,

Washington, D. C, February 12, 1886,
Collector of Customs,

Port Huron, Mioh. :

Sib: In your assessment of duty at the rate of one-half of one centperpouudon j
certain frozen trout and smelts imported into your district from Canada, being in ac- j
cordanct Avith Department's decisions of January 3, 1877 (S, 3062), Judo 27,18?'
(S, 3280o), and May 23, 1883 (S, 5729), is hereby affirmed on the appeals, 2733o am
2734o of C, A, Ingalls, covering importations per rail (2,152 iiounda), January 2i),18S
and 20,100 pounds, January 29, 1886,
Respectfully, yours,

C. S. FAIRCHILD,
Assistant Secrctapj.

Chicago, February 9, 1886.
Hon. Daniel Manning,

iScvretarif of the IVcasiirii, Washington, I). C:

Dear Sir: I have tbo honor to call the Department's attention to the deiisioDgj
which have been made upon appeals from tbo a-ssessmont of duty at Port Huron and j
elsewhere upon fresh fish imported during the cold weather in a frozen coDditioD.I
from Nova Scotia and Canada, for immediate consumption in the largo markets of!
the country, I

Tho collector at Port Huron has been following a decision of January 20, 1886, npouj
an appeal of Laflin & Co,, Chicago, on frozen smelts from Chatham. j

Certain clients of mine, Messrs, A, Booth & Son, J, D. McNab & Co.,G. S. Sloan,i
and R, B, Boak, being largely interested in the importation of fresh lish forimmcdi-j
ate consumption, have brought in several largo lots of smelts, trout, and herring atj
Port Huron, on all of which a duty h."s,been collected, principally, as I"™ j™:"!
believe, on tho ground that the importations "never embrace less than 20,000 Ml
30,000 pounds of fish, and that tho quantity imported and tho fa6t that they can Del
kept for months in this condition precludes the idea that they are intended for innne-l
diato consumption." (See letter of collector, Port Huron, January I'J, 1886.) I

One of tho principal difficulties experienced in securing from tho Department >|
proper decision upon an appeal, is believed to be tbo failure on the part ot apprai**''!

AMEBICAN FISHEBIES.

527

jcd collectors to infonn the Department of the facts in any particular case fully and
i nsucb tt manner as to enable the Department to come to a proper nnderstaudiug of
i ibequeetion presented, in this case the Department has been led into error, it seems,
OB account of the collector having stated conclusions formed favorable to the assess-
Dient of duty rather than a fair arrangement of facts, from which the Secretary
conld/jome to a decision within the meaning and intent of the law.
With a view to obtain, if possible, a reconsideration of this fresh-fish question, 1
Ka;E the honor to suggest that the decisions cited in Department letter on Laliin's
jppeal, viz, 3062 and 3280, do not apply to the facts as they exist in these cases to
htMch i desire to call attention. S. S. a062 is a cast of fish frozen by a patent pre-
ierriD" process, by means of which they may bo kept for a long time. S. S. 328C and
Jadge^Brown's decision are upon a case disclosing the fact that the fish had been
frozen "in barrels or in largo pans in a solid mas? or cake." We import many thou-
sand pounds of such fish so frozen every year, and have never objected tj the pay-
Lectof duty ihoreon. The fact is, and the collector should have so stated to the
Department, that the fish of Laliin, Booth, McNab, Sloan, and Baak are taken in the
mtereof Halifax, and as soon as they are out of the water freeze stiff on the ice,
j from where they are picked up and merely thrown loose into barrels and boxes.
iTkeyare not covered with wa*;er and frozen in the barrels or boxes, but, as I say,
I each individual fish, already frozen, is thrown into the barrels like so many pieces of
j kindling wood.

I Of course, it is only during very cold weather that the fish for immediate consump-
ition can be so transported and got to market in large quantities. Almost all of these
[fill are sold for consumption in the various markets which are supplied from Chicago
[kg before tEoy arrive, and the shippers have to run the risk of getting them into the
linjiket in weather cold enough to preserve them fresh. It u very rare that we have
lievendays of continuous freezing weather hero, and as the fish arc caught in a muoh
leolder climate, a slight thaw often ruins large quantities of them even before arrival
I in Chicago.

I The collector at Port Huron is in error in stating that the quantities are too large

Iforimmediato consumption, as the facts will show. Messrs. Booth & Son are believed

[;obethe largest fish dealers in the United States ; they have fish houses in all of the

llarge cities of the West, supplying therefrom the hotels, restaurants, and public gen-

leally, and the supply at no time during the coldest weather is more than equal to

[tlie demand. They ship from Chicago as high as forty tons of fresh fish by rail during

liangle week, and the other dealers whoso names I have given are very large dealers

linfiesh fish. They never salt a single fish, and it is fair to assert that not a hundred

iof tlio fish imported by them in the muunor I have stated are kept on hand

Ik more than a day or two. They are not sold lO curcrs of fish, but go immediately

Ito the tables of the consumers in every city and town accessible by ran from Chicago

IloDenTer. These importations are but a small pavt of the fresh fish daily consumed

liithiaand adjacent cities. This is the main distributing point, and of course the

jcold weather is availed of to import the fish in the freshest condition possible.

I This is not a doubtful question, and one which justifies a decision in favor of the

llreMary, thus to compel the importer if aggrieveil to appeal to the courts for cor-

Itection. The law doubtless means just what thotje in trade and commerce mean

Itiien they say that fish are fresh, and for immediate consumption, viz, that they are

Ito be eaten before undergoing any process calculated to preserve them for future con-

■wmption, either of salting, freezing, or smoking. It cannot be that Congress in-

Itndedfish for immediate couLuraption should be consumed within the immediate

precincts of the custom-house. They are brought many hundred miles before being

md through the custom-house, and the law docs not limit the extent of territory

liMch they many traverse, after having been passed through the collector's office, be-

Ifotebein^ consiimetj. These fish are treated as perishable and are not admitted to

Itiie benefits of the immediate-transportation act; hence it is quite clear that there is

IM consistency between such treatment and the report of the collector. It cannot bo

Impposedthai the law is so absurd as to refer only to an occasional string of. fish

|onght with a hook in the waters about Port Huron, or within range of the custom-

™8e there. The importers of those fish are merchants employing enormous capital

Uneir business, and are disposed to deal fairly and honorably with the Treasury

apartment, and do not think that the great extent of their business should be made

inound for depriving them of the privileges enjoyed by those who are able to import

"Is " .^ P0uml8 of fish for their immediate usj at the place of importation.

Here 18 no uniformity of practice in this business, it seems, from a case which I am

Mormed was brought to the Department's attention on the Massachusetts coast. Last

immer the cargo of the schooner Neskletin, of Lockeport, Nova Scotia, was entered at

mcester, Mciss. It eonyistad of fresh halibut for immediate consumption, and the

^', '^'''>*«e8sed duty upon it, but the Department ordered a reliquidation of so much

J^™ J* ^'^^^ found to bo fresh. Some portions which were sold to smokers were

^*ed a duty. We hear of fresh fish for immediate consumption being imported in

«ea8tfim ^aiU in large quantities, compared with some of which our importations

528

AMERICAN FISHERIES.

arc quite insignificant. They are passed as free, and ver^y properly so. And we do
not beliovo the Department would have applied the decisions 3092 and 32ft0 to theie
cases of ours if the collector had not thrown up his hands in holy horror at the idei
ol any nation being able to consume 20,000 pounds of smelts in one importatiou.

Wo do not want to resort to the courts in these cases. They are too plain (or arm-
meut; but if the Department will consider them I will procure sworu statements of I
the extent of the fresh-fish traffic in Chicago carried on by my clients, and transmit
them to you in orderthat you may bo able to judge whether in this case the "pnn.
jshmcnt fits the crime."

Awaiting your reply, I am, very respectfully,

PERCY L. SHUMAN,
Attorney for A. liooth etal

J. R. L.]

Treasury Dbpartment, Offick of the Secretary,
Waahingion, D. C, February 13, 181
Mr. Pbrct L. Shuman,

12 Borden Block, Chicago, III. :

SJ!'.: The Department duly received your letter of the 9th instant, relative to the I
assessment of duty by tho collector at Port Huron, Mich., upon certain fresh fish, so]
called, imported in a frozen condition from Nova Scotia and Canada, for alleged]
immediate consumption in the large markets of the country. After a careful eonsidl
eration of tho arguments submitted, the Dopavtraont sees no occasion for any action j
in the matter. i

The question as to whether fresh fish are for immediate consumption is ouoto bcj
determined in the first instance by the collector at the port of arrival, who must lei
guided in such cases by the circumstances surrounding each importation and Depart-I
ment's decisions heretofore rendered in similar cases. It is the opinion of thoDe-j
partmeut that the term "immediate consumption" cannot be construed to haveaj
different meaning for the several reasons, and an importation of fish, so extensive ial
quantity as to require days for its distribution to the various markets, and whichf
accordingly could not be considered as for immediate consumption in the warmcrl
season, cannot, by reason of continued low temperature at another season, be cousid-j
ered as entitled to additional privileges in consequence thereof. As stated, tho coli
lector at the port of importation must be the judge in the first instance as to whetiicrl
any particular importation falls within the provision of the free-list, and tho D«f
partment Ci:nnot undertake upon a general statement of the practice in snch mattcra|
to establish any other rule for his guidance.
RespeclfuUy, yours,

C. S. FAIRCHILD,
Assistant Secretarj.

J. R. L. C. 14-12523. ) Treasury Department,

D. 133—382. J Offick of the Secretary,

Washington, D. C, February 13, IWC.
Collector of Customs,

Fort Huron, Mich. :

Sib: Your assessment of duty on certain fresh fish, being in accor'lance with 1
partment's decisions of January 3, 1877 (S. 30G2), Juno 27, 1877 (S. 3*280), and Mai
23, 1883 (S. 5729), is hereby affirmed on the appeal (9340m) of Messrs. Laflin&Co|
covering an importation per rail (car No. 1309) January 19 last.
Respectfully yours,

C. S." FAIRCHILD,
Assittant Seiretarij.

J. R. L. C. 14-12524
D. 133—38^.

Treasury Department,

Office of the Secretary,
Washington, D. C, February 13, M j
Collector of Customs,

Port Huron, Mich,:

Sir: Your assessment of duty on certain smelts, being in accordance with Depart

mont's decisions of January 3, 1877 (S. 3062), Juno 27, 1877 (S. 32fl0), and Ma.T^

1683 (S. 5729), is hereby affirmed on tho appeal (2306 o) of Summers, MorriBon & ^^

covering importations per rail (car No. 1565) January 35 last.

Respectfully yours,

C. S. FAIRCHILD,
Assistant Svcremi

AMERICAN FISHERIES.

529

Boston, February 17, 1886.
Ion DASiKL Manning,

Secretary of the Treasury, IVahhinyton, D. C. :
! Sib: On the I8tli of December, 1885, we imported fi-oui the British Provinces 100
iirtclit mackerel by the Boston and Maine Railroud, entering the same at thocnstom-
loiisn here and pay i'lB duty, and at same time tiled our protest and appeal, as Las been
bcustom on all entries of fish since July last.

lOn the ht of this month wo vero notified by tho custom-honso authorities that
iTarocentciociMiou of the Treasury Department no more protests would bo received
lmiilt'mall''l"''l'''^*'"" °^ ^^^^ entries, and then only within ton days of said liquidation.
I T(Hlay we are notified that tho protest made on tho above entry is rejected, and as
Lfntrywas liquidated February 1, we are barred from renewing the protest, tho
b (lays having expired. We have not yet received from your Department tho cus-
loDwn notice referring us to tho collector hero' for a decision on our appeal in this

tWe would rospoctfully ask whether wo should bo barred from our right of protest
10(1 appeal under the above circumstances.
Kespcctfully yours,

EDWARD T. RUSSELL & CO.

Halifax, February 18, 1886.
teASURY Depaktment,

Washington, U. S. A. :

I Oullie 20th January, 1886, I made a shipment of fresh frozen fish for immediate
joDsumptiou to Chicago, 111. — invoice No. 40, value f 330.10; Mr. Ingalls, collector
llPort Huron, through whose care car was scut, as per instructions from your consul-
pneral and railway authorities. On the car arriving at Port Hiiron it was detained
td duty demanded, which my consignee in Chicago had to remit to Port Huron be-
tre your author] ties would allow carlo proceed. This caused a delay of several days,
fchichwill he a heavy loss to me bcsido the duty which was unlawfully collected ; but
[presmne it will bo promptly returned to mo or my agent in Chicago when it is
loperly hrought to your notice. An early reply is solicited.
Yours, truly,

C. W. OUTHIT.

Chicago, 2, 28, 1886.
'S. Fairciiim), P.Hq.,

Amstant Svc7rJary Treamiry, Washington, 2>. C:
I Dear Sir : \Vt! h.avo no answer from you to onrs of February 4. We have written
Kiillectors at Saint Vincent, Minn., and Sault Saint Marie, Mich. The former
[eciiles that lish in largo quantities are subject to duty of JJO cents on the 100th.
I'lattersays " he will likely continue the practice of passing fresh fish free for im-
«liate cousuraption until otherwise ordered by tho Department." The fish entered
I to place lor import to United States are in such quantities as to preclude the
aof iniuiodiate consumption, their shipments from them ranging from 1, 2, and 3
^nstoiiO touH, twice a week, to this i)ort, and probably as much more for Detroit,
Mo, Cleveland, and other places, all of which do not go into immediate consumtj-
Kbutpass thiongli several liands before reaching consumers. Next month many
TOrmen conic in to contract their season's catch, and it is important to both buyer
idiioller to know if Canadian fresh iish packed in ice in large quantities are subject
Mnty or not.

jHopiug for an early reply, we are.
Yours, respectfully,

LAFLIN & CO.

[Ih. C. 14-12,.')G(). ) Tkeasury Department,

D. ISMIO. 5 Officb of the Secretary,

Washington, D. C, February 17, 1886.

CoLLECTou OP Customs,

Bangor, Me, :

Sitt; The Dciiartment is in receipt ()f your letter of the 12th instant, reporting on
appeal 2;n0o, of the Maiuo Central Railroad Co., against the exaction of duty at
rate of 25 per cent, ad valorem, on certain frozen salmon: imported at Vance-
',m your district, from Canada, on tho 22d ultimo, tho appellants claiming that

Ptish are free of duty under the existing tariff laws.

S. Ex. 113 34

630

AMERICAN FISHERIES.

The Departiiioiithofl bcrotofoie docidod that frozen Naluion of the chaniclor of thow i
iu quostion are dutinbh> ou importation at the rato of ^ of ono cent l>or^])o^nd and
you will 80 instruct your deputy iit Vanccboro, '

No refund of the difference between the rate properly due (4 of ono cent per pounil)
and 25 per cent, ad valorem, the rato assessed, can bo made, as the appullnntshave
not claimed the correct rato in their protest and appeal.
RcBpoctfully, yours,

W. E. SMITH,

Assistant Secnlar).

J. G.M. li. 11-()25I. ) . I'UKAtJUllY IJKl'AllTMKNT,

D. 136-307. ^ Office of tile Skcuktary,

Washington, 1). V., Fcbruarij 23, 1886.
Messrs. Ei T. Russkli. «fc Co.,

J'. 0. Box 5279, Boston, Maes. :
Gentlemen : In reply to your letter of the 17tli instant, you are informod that thel
Department, by letter to the collector of customs at Boston, dated the 'Jth instant
declined to entertain your appeal, 2313 0-986, covering certain salt lisli impcrtedj
from Canada, for the reason that the protest therein was filed prior to thedateofj
liquidation, and that duo notice of Department's acMon was forwartled to yourad-j
dress on the same date.

As it appears from your own statement that the entry in the case yoii refer to wajj
liquidated February 1, on which date you wore notified by the custom-house autiicrj
ities of the Department's decision that protests filed prior to the date of liquidatioDJ
could not bo entertained, no reason is perceived for reconsidering the action of the}
Department in refusing to entertain tho appeal iu question.
Respectfully, yours,

C. S. FAIllCHILD,
Assistant Secrtkn

CusTOM-HousE, Boston, Mass.,

Collector's Office, February 2b, \Si6.

Hon. Daniel Manning,

Secretary of the lYcasurtf, Washington, D. C. :
Siu: Respectfully referring to Department ittor (J. G. M.) of tho 9th instant,:"
closing tho appeals 2312o-8o, 2313o-986, 231 lo-91o, 23I5o-75, forwarded witii at
report thereon on the 5th instant, wherein I am informed that said appeals cannoj
be entertained under Department circular of the 23d ultimo. I beg leave rcspectfullfl
to return 2313o-986 of E. B. Russell & Co., wherein tho filing of protest andliqnida'j
tion of tho entry occurred jnior to February 1 instant.

Awaiting the further direction of tho Department in the premises, I am, sir, yon^
obedient servant,

L. SALTONSTALL,

Colkdor,

J. G. M. C. 11-13238. ) Tkeasuky Department,

P. 133-467. S Office of the Skcketaby, j

Washington, D. C, Fehrnary 25, IBSt. j
Collector of Customs:

Boston, Mass.:

Sir: Your assessment of duty on certain salted salmon imported into younj^l
from Canada, via St. Albans, Vt., since July 1, 1885, being in accordance with m
partment's decisions of June 17, 1886 (S. 6970), and July 14, 1886 (S. 7020), ishfreM
afiBrmed on the following appecls submitted by you on tho 19th instant, viz, iitjl
D. W. Job & Co., per R. R., February 11, 1386 ; ^-^o, E. T. Russell & Co., per K. IJ
February 8, 1886.

Respectfully, yours, ^„„ ,^

C. S. FAIKCHILD,
Assistant Secrttiri.

AMERICAN FISHERIES.

531

hll-C!?'!. i TBEA8URY DKPARTMENT,

In lULtii \ Offick of tiik Secbetaky,

"•'*■ ^' Wamngton, I), v., February 25, ism.

Ic W.OUTIIIT, Eh(|.,

118 to 120 Harrington street, Halifax, N. S. :
Sir: Tbe Depart iiieiit is in receipt of jour letter of the IStb instant, in regard to
itheiniportatiou at Port Huron, Mich., of frozen iish and of duties levied tbereon.

In reply I tnnwinit herewith a copy of a letter dated the 20th ultimo, addressed to
I ihe collector of customs at Port Huron, in regard to a similar case, and have to in-
form you tliat, lis understood by the Department, the action of the coUectoi- at Port
Huron in assess! ug duty upon your importation, was in accordance with the usnal
I practice iu siicli cases.
' Respectfully, yours,

' C. S. FAIRCMLD,

Assistant Secretary

I J, CM. C. 14-132C9,
D. 1:18-15.

■\

Treasuuy Department,

Office of the Secretary,
Washington, 1). C, February 27, 1886.

IcoaKCTOR OK Customs,

Port Huron, Mich. :
Sib; The Department is in receipt of your letter of the 12th instant, submitting the
IfoiowiDj; appeals from your assessment of duty on certain frozen tish, imported at
Ijourport, viz: '2944o, C. A. Ingalls, January 9, 1886; 294.50, E. W. Bromilow & Co.,
Ijinnarv 26, 1B8() ; 2946o, G. C. Sloan, January 30, 1886; 2947o, K. B. Boak, January
130,1^86; 29480, K. B. Boak, February 3, 18d0| 2949o, C. A. Ingalls, February 8, 1886.
I Von report that the importations are similar in character to that of Mr. C. A. Ingalls,
Itovered by the Department's decision of the 20th uUiiro (not published).

The claim of the appellants that the Iish iu question are exempt from duty under
llie provision in the free list, act of March 3, 1883 (T. I. new 699), for "fish, fresh, for
■inimediate consamption," is therefore rejected, and your assessment of duty thereon
[iffirmed.

Respectfully, yours,

C. S. FAIRCHILD,

Assistant Secretary.

IJ.G.M. C 14-13263. ^ Treasury Department,

D 138-9. J Office of the Secretary,

Washington, D. C, February 27, 1886.

|C0LI,ECTOK OF CUSTOMS,

Boston, Mass. :

Sir: Your assessment of duty ou certain salted cod and mackerel imported into

onrporl; from Canada since July 1, 1886, being in accordance with Department's de-

|ti!ion8of Juno 17, 188.5, 8. 6970, and July 14, 1885, S. 7020, is hereby affirmed on the

ippeal 29840-144 of A. S. Vinsor & Son, covering an importation per S. G Irwin,

iDecembcr 28, 1885.

Respectfully, yours,

C. S. FAIRCHILD,

Assistant Secretary.

[J.G. M. C 141-3384. > Treasury Depautmeht,

D. 138-27. J Office of the Secretary,

Washington, D. C, March 3, 1886.

'OLIECTOR OF CUSTOMS,

Marquette, Mich. :

Sm: I transmit herewith a letter from Messrs. Lalliii & Co., of Chicago, dated the
«h nltimo, in which it is stated that the praclice at Sault St. Marie, in your district,
>o admit free of duty as " fresh fish for immediate consumption," large quantities
frozen fish, ranging from one to twenty tons per importation, for transportation
Detroit, Buffalo, Cleveland, and other places.

1 also enclose, for your information and guidance in such matters, copy of Depart-
inU letter of January 20, last, to the collector of customs at Port Huron, Mich.,
eimilar importations at that port, and I will thank you to return the first-named
icloenre, witli a report thereon, at your early convenience.
Respectfully, yours,

C. S. FAIRCHILD, -
Acting Secretary.

532

AMERICAN FISHERIES.

J. O. M

B 11-6805
D. 136-375.

■\

tukahury dkrautmknt,

Okkick ok THK Skouktak,',

li'anhin<jl(»i, J). C, jWarcA 3, Kjoo.
Messrs. Lafwn & Co.,

40 A'fttfo street, Chkago, 111. :
Okntlemkn: Tliu Dopartniciit ih in ri'(!«Mpfc of your hitter of tim Itli iiltiini), wit| ]
iiicli)8ure, aud iiImo yonr IcttiM* <lat«!(l tlio '-i8 iiUiiiKi, in tlio iiiattor of tliti iillegixl illcMlj
importiitiouH of IVozoii Imli at Kiiiill St. Alaric. ]

The incloHuro (appeal) liaH bcnn forwardcMl to the collector at Port Huron, Mich. I
for his report thereon, oii rei-oi^it of which the matter will be duly di^termincd. 1
Ilespcctiu)^ tlio allegation that lish are illegally iniporto<l at Sanlt Kt. Marie vool
arc informed that a commuuicatiou has this day been uddrcHsed to the vuliuctonifl
said district at Maninutte, Mich.^ calling for a report as to the practice in (|U('Htion I
on receipt of which such steps wdl be taken as are necessary to secure unitbriiiiUatl
the VArious porta of importation in such matters.
Respect fully, yours,

C. 8. FAllit'lilLU,

Acting Secniarii.

CUSTOM-IIOUHK, boSTON, MA88.,

VoUeclor'H Office, March 11, lnnti.

Hon. Dyv^NiKL Manning,

Secretary of the Treasurij, Hashingtoii, D, C:

Sir; Respectfully referring t<) Department letter (J. G. M.) of the 27th idtimO|ii.|
closing a copy of the Dop.artnient's decision of the siOth of .January, l^HO, on tbeapiHall
(9340'") involving the clasHif.cation for duty of certain frozen huu'IIh imporliil iiitJ
the port of Port Huron, I desire to be iuHtructed whether, under said decision, li«h iinl
ported in a frozen condition are to be excluded from the category of "llHh, t'resli, furl
immediate consumption," under T. I., Jieio, 6Ut), irrespective of the quantity contaiiicjj
in uny given importation.

The Department cites S. 8. 30(52 and 3280 of 1877. Was it the intention of the!
partment in its decision of Janimry 20, 1886, to overrule tliat of M:'y 2M, 18S){S.S.I
5729), or is that to be regarded as still operative under which it is uu-l'srstooJ thuif
iish, although frozen naturally, are entitled to free entry, provided the quantity is iiutj
" BO largo as to repel the conclusion that the Iish is for immediate eousnniptiou"! I

I would add that the requirements of S. 8. 5729 have been rigidly enforced at Ihi^
port.

Very respectfully, your obedient servant,

L. 8ALT0NSTALL,

C'oWft'tor.

boLlKCTOR OF (

f OLIECTOII OP C

J. G. M. C 14-13854. \ . Thkasuky Dkpautmknt,

D. 138-103. J Okfick of tiik Skcketauy,

Washington, J). C, March 12, im.

COLLECTOU OF Cu.sroMS,

lioHlon, MasH. :
Sik: In reply to your letter of the 9tli instant, you aro informed that itwiiHiiotthi
intention of the Department's decision of the 2()th of .laniuiry last, concerning II*
classitication of frozen smelts imported into the )»ort of Port Huron, Mich.,torevokJ
the decision of May 23, 1883, under which tish, although frozen, are entitled tow
entry (when imported in limited quantities) as tish, fresh, for iriunediacecousiuiiiitioM
It is only when fresh fish in the frozen conditi*)n aro imported in exiensive quantiticij
and for purposes other than immediate consumption, that they lire excluded fwi^
frfie entry.

Respectfully, yours,

C. 8. FAIECHILD,
Jsmtant Secretir).

J. G. M. C 14-14002. ) TuEABURY Dei'AKTMENT,

D. 138-124. ) Office of tue Skciujtarv,

Washington, D. C, March li>, im ^
Collector of Customs,

Boston, Mass. :

Sm: The Department is in receipt of your letter of the 25th ultimo, returaiBg t||
appeal 23130-896 of Messrs. E. T. Russell&Co., coveringtheir importation of liernnj
mackerel, and oil, per Muriel, December 26, 1885, which appeal the Department, »■

AMERICAN FISHERIES.

533

wtiT of tlio t>th ultimo, rof used io ontortnin for the rooHon that it nppears fiom tbo
florsement tiieroou that tlio iirotust iiml iipptMil liud boon filed prior to the liquiilii-
1^11 and con triiry lo the rule laid down in Departmont's dociHiou of January 23, ISciti

.!, it now iippt'iirN from ♦''« amonded indorsement on Baid protest that tlio entry was

liiiiiidati'tl •'"'"""'>' 1*'' 1*^'^'^ ""'l that it accordingly does not fall within the prohi-

lliiion of till) dccmion aliovo cited, the.Dopartmeut decides that the appeal can be

Your ft.s.H('.sHiiient of duty therefore on the n<(<rchandiso covered thereby beine in
jftiirdanco with Department's deciHJon of Jnuit 17, 1885 (8. fi'JTO), and July 14, 1885
hW), i« litTcby afllnned.
KeHpflctfully, yonrs,

' C. S. FAIIlcniLD,

Aelittg Htcrclary,

IG.M. C.14. 15477.) Treasuuy Dkpautmknt,

i) i;t8-274. J Ofkick of tiik SEcnKTAUV,

Wmhimjton, It. V., April 1, 1883.

ICouKCTou OF Customs, . ■

Bangor, Me. :
Sii:: Your uHHOSHniont of duty on certain salted salmon imported into your district
Iftoni Ciiiiiuin siucu .Inly 1, 1H85, bcini; in accordance with Departnn.-nt's decisions of
1(17, IHwr) (S. (i97()), and .July 14, 1885 (8. 7020), is hereby ailirmed on tho appeal
[ij;:l-) of MeswH. E. T. Kussoll & Co., per railroad via Vanecboro', March <>, 188(>.
Uespectfaliy, yonra,

C. S. FAIRCIIILD,

Acting Secretary.

I.C.M. C.14. 1546f

1). i;{8--27r).

"■]

TuEASUUY "Department,

Ofkice op the Secuktauy,

Washington, 1). C, April I, 1886.

ICoaECTOuoF Customs,

Boston, Mass. :

Siu; Your asHcasnient of duty on certain salted mackerel and herring imported into
knur port fniin Canada since July 1, 1^'85, being in accordance Avith Department's de-
JtK:)iinof JiiiKf 17, 1885 (8. (5970), and July 14, 1885 (S.7()20), is hereby ailirmed on
111 lolliiwiii}^ appeals submitted by you on the 2ljth ultimo, viz: 4()G0-182. E. T.
iinsall & Co., per "St. Pierre," March !), 1886. 4GG1-18;{. E. T. Russell & Co., per
"Linn CDpo," March 5, 188(;. 4(J62-184. Whitney Pousl.-vnd & Co., per "Louise,"
ilMchS, lH8f).

Rpspcctfullv, yours,

C. 8. FAIRCHILD,

Acting Secretary.

I.G.M. C.14. 15483.) Treasury Depart.ment,

D. 138-274. 5 Office of the Secretary,

Washington, D. C, April 1, 1886.
idiiKCTou OF Customs,

(Saint Vincent, Minn. :
h\\: Yonr assessment of duty .at tho rate of .50 cents per one hundred pounds on
[ettain frozen lish imported into your district from Canada, being in accordance with
Vrtiiicnt's decisions of January 3, 1877 (8. 30(52), June 27, 1877 (8. 328U), and Jan-
iiiry'.*(i, 1886 (copy furnished you on the 30th of January), is hereby anirmod on the
fclloniiifr appeals forwarded by you on the 22d ultimo, it appearing that tho said fish
einiportcd iu such largo quantities as to preclude the presumption that they are
rimuiediiite consiniiptiou, as claimed by the aitpidlants, viz: 4G58o, Sinclair &
pnaKan.afi.dOO pounds per rail, March 18, 1886 ; 472ao, T. H. Jones, 24,000 pounds per
W. March 18, 188() ; 472(io, T. II. Jones, 30,000 pounds i)er rail, March 20, 1886; 4726o,
T.li. Jones, 2i),000 pounds per rail, March 20, 1886: 4726o, T. 11. Jones, 24,000 pounds
fftrail, March 20, 1886. . • ' i

Respectfully, yonrs,

C. S. FAIRCHILD,

Acting Secretary.

534

AMERICAN FISHERIES.

J.O.M. C. 14. 16011.) TnKASuiiY Dkpartmknt,

D. 138-311. S Offick of tiik Hkcurtary

WaBhington, I). V., .lj)ri<ti,'l88C
Collector of Custohh,

Fo.'t Huron, Mich. :
Sir: Your aiwesHmoiit of duty at the rate of 50 cents per one hundred poinulitoi.
cortaiu fresh ikh (frozen), chiiiried to be exempt from duty on the ground tlintthi'f I
were imported for iniuiediato couHumption, being iu accordance witlt Department'i
decisions of May U'.i, ISKJ (S. 57'i9), and January 20, 1880 (not published), i« hereby
atllrmed on the appeal, 4u31o, of C. A. Ingalln, covering an importation of V3HlJil
ponnds, per " Huron", March 8, 1880. ' <

Kespectfuliy, yonra,

C. S. FAIECIIILD,

Acting Secretary.

J. G. M.
D

C. 14. 16121.
138-319.

\

Treasury Dkpaktment,
Office op the HECRETAnv,
Waiihingion, I). (J., JpHll, 1880,
Collector of Customs,

Boston, Mass. :
Sin: Your asBCssment of duty on certain salted mackerel aud alcwives imported!
into vour port from Canada since July 31, 1885, being in accordance with Dopart-I
meut's decisions of Juno 17, 1885 (S. 6970), and July 14, 1885 (8, 7020), is hemb;!
affirmed on the following appeals submitted by you on the 2d and .'ith instant, vii:|
Wj K. T. Russell & Co., per " Linn O'Deo," March 6, I88<{ ; VaV, A. Winsor&Son.l
per "St. Pierre," Alarch 10, 1886; ^^, A. Winsor & Son, per *'Linn 0'Dee,"March|
13, 1886 ; *^, A. Winsor «fe Son, per '' Annio Simpson," March 10, 1880.

Respectfully, yours,

C. S.

FAIRCHILD,
Acting Secrelar}.

J. G. M.
D

C. 14. 16128,
138-320.

•!

Treasury Department,
Office of the Secretasv,
Washington, D. C, April 7, 18»fi,
Collector of Customs,

Chicago, III. :

Sir : Yonr assessment of duty on certain salted mackerel and herring iuiportvd iiitol

vour port from Canada since July 1, 1885, being in ajcordanco with Departmcnt'sl

jlecisious of June 17, 1885 (S. 6970), and July 14, 1885 (S. 7020), is he.cby afliruiedoij

t?'e following appeals, submitted by yon on the 'at instant, viz: J??f . R. B. Boak,|

Ser R. R., January 20, 1886; ij^j, R. B. Boak, per "Huron," February 8, im; Hf}.!
;. B. Boak, per " Huron," February 8, 1886.
Respectfully, yours,

C. S. FAIRCHILD,

Acting Secreiari

J. O. M C. M-16704. } Treasury Department,

D. 138-391. J Office of the Secretary,

Washington, D. C, April U, 1886.
Collector of Customs,

Chicago, III. :

Silt: Your .assessment of duty on certain salted mackerel imported at your poij

from Canada since July 1, 1885, being in accordance with Department's deinsionsa

Jnne 17, 1885 (S. 6970), aud July 14, 1885 (S. 7020), is hereby atfirmed on the apr

Hii of R. B. Boak, per "Linn O'Dee," February 23, 1886.

Respectfully, yoars,

^ C. 8. FAIRCHILD,

Acting Secretary-

AMERICAN FISHERIES.

535

JO.M. f!" '''7W5

1). i:w-:W}.

■i

TUKAHUKY DKI'AIITMKNT,

OkKIOK Olf TIIK SKCRKTAUY,

n'athittijloH, D. v., April 14, 1886.

loLLKCTOB Olf CU8TOMH,

St. Vincent, Minn. :
Siii: YoiiruHHUsHinent of duty on i:«Ttiiiii '^(),:)00 ixiiiiiilHor fio/.i'ii <iHh iiiiportnd ut your
wirtfroui tlio|irovincnof Muiiitoliit, liciD^; in ncoordiiiuo with Dcpiirtrnoiil'H riilinf{8of
Jaiiniiry ;i, 1^77 (H. lUHW), Jniiu -J7, 1877 (8. IfciHO), and Jiiiiimry '-iO, lHHG(iiiipiibli8h(Ml),
w h^reliy "'"■'""'*' *'" *''" "^IM"'"' ^HTHo of MohsrH. A. Hootli & Soim, Mnroli 20, 188(i.
Kciin'otfiiHy, yoiirH,

' C. S. FAIRCIIILU,

Aciinij Secretary.

8t. John, Aiml 14, 1880.
Tho Skcretauy of TIIK Treasury, If'aMntilon:
Sin: I nliipp<^<l IV eiir-lond of frozen lierriii^j on Jiinniiry IT), (loi.Hi^ncd to Mossrs. E.
W. llrowiilow & Co., of Cliicuno. After Miey arrived at I'orfc Hnrou tlio collector
fonid not allow tho car to procee<l until the dntieN, ainonntin^ to $101.00, woro paid,
wliicb I dill puy inidiir protcHt. At t'lo same time fro/i-n herring were Iteinj; admitted
iiitothcUnitod States at Kastport free.
Itbercforo cannot 8e(^ why a tliHtinction flhould be niado between au iu1au<l port
and a sea-board one.

! would roHpoctfnlly awk for a return of tho amount of dntioH paid by mo.
I roinain your obedient Hervant,

O. L. YOUNG.
Per LANOAN.

j J. 0. M. B. 11-10928. > Trkasury Departmknt,

D. 140-32:i. J Officr ok tiik Skcrktary,

Wttshin(fton, April a4, 188G.

G.LYoUNO, EHq.,

Si. John, N. n. :
Sir,: III reply to yonr letter of tho 14th InHt., alloging a difference in the classiflca-
lioii at inland and neaboard ports of frozen herriuf;, you aio informed that tho action
nfllie customs ollioials at tho several ports is governed by the j)rovi8ion of tho fac<»<-
ii; tariff nets, and that importem u^nrlaveA thereby have ainplo remedy by protest
indapiwal, as prescribed by section 21):U, Revised Statutes.
1 will stiito, however, that frozen horriiiK aro not ipso facto dutiable eitiier at East-
fwrtorat Port Ilnroa, their non-dutiable character beinj; dependent upon the fact of
tbrirbeins fresh and for immediate consumption.

Otherwiso they are dutiable, and tho question in each case must bo determined by
Ihe collector at tho port of importation, subject to review by the Department, on
protest and appeal as aforesaid, it import* iv* r'.a deeiro.
Respectfully, yonrs,

C. S. FAIRCHILD,

Acting Secretary.

CusTOM-HousK, Marquette, Mich.,

Collector's Office, April 14, 1886.
Bon, Secretary op the Treasury,

Washington, D. C. :

Sm; Iliavo the honor to again refer to D. L., Mareli I!, last (J, G. M.) relating to

™ practice at Sault Ste. Marie, in this district, of admitting frco of duty as "fresh

ten for iniinediato consumption, " large quantities of frozen lish, for transportation to

Detroit, Cleveland, Chicago, and other places. I inclose you lierein letter from tho

ueputy collector at Sault Ste. Mario, under date of Mcrch 11, last, reporting fully

« to the condition of tho fish so imported. I also inclose heroin letter from E.S. B.

eutton, of Sault Ste. Mario, under date of April 10, last, protesting against my in-

"'™''™8 to tho deputy collector of that port to a8.ses8 as dutiable all importations

plnsh exceeding r)00 pounds iu amount. I would respectfully state that tlio instruc-

I tions so (;iveu by mo were made to conform with the practice at Port Huron, Micb.,

Ps requested iu your letter, and as advised by the collector at Port Huron. Asking

j your cousiderntiou of tho inclosures heroin, and your further instructions iu the

premises if you have any to issue,

I I am, respectfully, yours,

C. H. CALL,

Collector.

536

AMERICAN FISHERIES.

J. G. M

C. 15-681. )
D 138-471. (

Treasury DErARTMENT,

Office of the Secuetary.
Washington, D. C, April 26, m.
Collector ok Customs,

Port Huron, Mich. :
Sir : The Department is in recoii»t of numerons complaints from viuioua parties
against tho action of the depiity collector at Sault Sto. Marie, in UHscHsing di'tvon
all importations of fresh lish exceeding 500 jionnds in quantity, bronj^lit to That imrt
By a letter dated tho 14th instant, received from the eolltictor at Marqnotte, Midi.
it appears that the deputy collector at Sault Ste. Mario acted under instructions givcii
hy the collector at Martiuctto, which instructions were made to <'i)iiforiii •\vitli tiie
practice at your port.

I will thank you to give this matter your immediate consideration, and fonvard an
early reply, stating tho practice at yonr jiort in such cases, and if it conforms to tliiit
followed at Sault Ste. Marie, to state your reasons and authority for such coiuse.
Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretary.

Hon. SECRET/

J. G. M. C. 15-1508. ) Treasury Department,

D. 141-7G.] J Office OF THE Secretary,

Washington, D. C, May 5, 188C.
Collector of Customs,

Boston, Mass.:
Sir: Your assessment of duty on certain salted mackerel and alewives imported at
your port from Canada since July 1, 1885, lioing in accordance with Departmeut's de-
cisions of June 17, 1885 (S. 6970), and July 14, 1885 (S. 7020), is hereby affirmed on the
appeal ^JV^ o of Messrs. E. T. Rnasoll & Co., per schooner, Louise, March 9, 188(i.
Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretar\j.

J. G. M. C. 15-2130. ? Treasury Department,

D 141-133. ^ Office of the Secretary,

Washington, D. C, May 14, 188C,
Collector or Customs,

J'liroit, Mich. :

Sir: Enclosed herewith please find letters dated the IGth and 19th ultimo, received j
from Messrs. S. H. Davis & Co., from 'which it would appear that iish arc being
entered at your port free of duty in consignments of 4 and 5 tons each. Also that
while imported herring are assessed for duty when imported in lots larger than 500 j
pounds each, Avhitelish and trout are admitted free.

As it is highly important that tho practice at the several lako ports should ho uni-
form in this matter, I will thank yon to return the enclosure with a report from!
yourself stating tho pr.ictico at your port in such cases, and giving your reasons and j
authority therefor.

Respectfully, yours,

C. S. FAIRCHILD.

Acting Secrekru.

Detroit, Mich., A})ril 19, l^-
C. H. Call, Esq.,

Collector of Customs, Marquette :

Dear Sir: Wo aro informed by your deputy at tho "Soo" that lie has heenin-J
structed to collect a duty of .'iO cents per 100 pounds on all consignments cf fresh f''
imported at the "Soo" over 500 pounds in weight.

Is this order intended to cover whitefish and trout for immediate cousumption, or j
only for fresh herring T We were led to believe from tho toneof his letter that it ai»|
covered th/3 former, but wo think he has misconstrued your instructious.

It is the custom of the collector at this i)ort, Mr. Livingston, to levy one-hall wn'j
per pound on herring in larger than 500-i)onud lots, but he iafornis mo that white- 1
fish and trout will be this, as In former years, admitted free of duty. He also infoni)s|
us that tho samo rule is observed at Port Huron and tho districts oast of here.

AMERICAN FISHERIES.

637

We were well aware of the law exacting a duty on herring, but our collector knows
of no Department order directing a duty on fresh white and trout in any quantity.

We are quite extensively interested in importing fish (white and trout only) at the
"Soo"and natiu-ally wish to have this matter adjusted before we commence opera-
tions there, as it would be a serious disadvantage to us to be compelled to pay a duty
there while our competitors are entering them here free.

Trusting that if your deputy at the " 800" has misconstrued your order, you will
have it speedily rectihed, we remain,
Respectfully, yours,

' S. H. DAVIS & CO.

Dktkoit, AIich., April 16, 1886.
Hon. Secretary OF TUB Theasury,

WasMnglon :

Dkar Sir : Wo have been informed by your deputy collector at Sault Saint Mario
that he has been instructed to r >r,i-, ♦; a duty of i cent per pound on all consignments

of fresh fish entered at that pel

We wish to know whether '

confined to this one port f ^ *

at this port in 4 and 5 ton eo;,

We are extensively interest

-T500 pounds in weight and coming from Canada.
:. o' -^r isa general one at all ports of entry or simply
a: k l/Ccause fish are now being entered from Canada
' n V 3nt8 free of duty.

ax, the "Soo," and naturally protest against paying
duty there unless the same tax is levied at all other points, viz : Cheboygan, Port Hu-
ron, Detroit, Cleveland, Buffalo, &o., all of which ports are now entering fish free of

dntv.
Last season all of our fish from Canada (that is, fresh and for immediate con-
sumption) came over free of duty; and, if not asking too much, would like to know the
canse of this reversal.

This is a matter of serious importance to us, and an early solution of our trouble
is earnestly solicited.
Very respectfully,

S. H. DAVIS & CO.

J, CM.] Treasury Department, Office of the Secretary,

Washwgfon, D. C, June 16, 1886.
I To THE Solicitor of the Treasury :

Sir; Paragr.anh 699 of the "free list," act of March 3, 1883, provides for the free

I fiitrvof "fish, fresh, for immediate consumption," while paragraph 280 of the same act

provides that "foreign-caught fish, whether fresh," &c., "not si)ecially enumerated

I nrprovideil for," shall be dutiable at the r.';te of fifty cents per one hundred pounds.

mler the fonncr provision a practice has arisen, at most of the frontier ports, of ad-

l initting to free entry quantities of Canadian fish imported in cars and vessels, frozen

jMpacked in ice, Avliich are intended for distribution to tho various large cities of this

jtonntrj-, where they are either inuiiediatcly disposed of or placed on ice to bo sold with-

joutfurtherprocess of preservation. The question as to whether (ish so imported can be

I WDsidered as for immediate consumption is respectfully submitted for your considerat i ■ >n,

ludin this connection I desire to state that the practice has at several ports srown to

Irach proportions, ranging from 500 pounds to several tons pershipment, that t.io doter-

Imination liy the collector in such inst.ance of whether such quantity can bo considered

jjs for immediate consumption is extremely diCQcult, and has resulted in a wide range

|«f decisions at the several ports, unsatisfactory alike to officers and importers. The

Iprovision in article 280 for foreign "caught fish, fresh," assessing duty thereon at the

IWeof fifty cents per hundred pounds, would seem to indicate that such fish when

■imported otherwise than for immediate consumption should pay duty. A rule has

i*en suggested to the effect that all importations of fresh fish which are intended to

^preserved in ice and sent in refrigerator cars or otherwise to other localities, and

*nich are uot intended for consumption on or about tho time of importation, and at or

Nrtiieport of arrival, should be held as dutiable under tho paragraph last named.

fwhasnot boon tho practice heretofore, but in view of the unsettled condition of

InaiNiiito which tho present practice has brought the importation of fresh fish, your

ffirioii is respectfully requested as to what rnlo can safely be adopted in the promises.

Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretary.

638

AMERICAN FISHERIES.

St. John, July 15 igag
The Treasury Dspartment,

Washington, D. C:
Gentlemen : Oa the 14th of April last I wrote you concerning a car-load of fresh
herring shipped by me to Chicago for immediate consumption on the 15tU of Jannarr
present year.

They arrived at Port Huron on 26th and were entered for immediate coDsnraption

anu duties amounting to $101. CO were paid. '

On January 28, C. A. IngallH, acting as agent for the consignees, E. W. Bromibon

& Co., of Chicago, filed protest and appeal, which the collector at Port Huron in-

forms mo were forwarded to the Department at Washington on February 19, Iggfi,

As you have given mo to understand in yonr favor of 24th April that tho dutiej I
would bo refunded if the fish were entered for immediate consumption and protejt
duly filed ;

That being tho case, and not having received any remittance, Mr. Murray, our i
A. M. consul, advised me to write you again, and consequently have taken that lib.
erty.

■ Yours, respectfully,

G. L. YOUNG.

Treasury Department, Office op the Secretaky,

Washington, D. C, July 20, If

J. R. L. B 12-505.1
D 144-270. J

Mr. G. L. Young,

St. John, N. B.:

Sir: In reply to yonr letter of the 15th instant, yon are informed that the protMtl
and appeal of Mr. C. A. Ingalls, covering an importation of frozen herring by E. W. f
Bromilow, of Chicago, January 28, 1886, was duly received, and tho actLon oft
collector at Port Hnron in said case affirmed by Department's letter of February 21 j
last. I

You are also informed that the "immediate consumption" required by tho tariff in j
order to enable fresh fish to be imported free of duty is not complied with by t
withdrawal of fish under a "consumption" '^ntry, but, as stated in said letter, tlicj
(lucstion whether sneh fish are for immediate consumption must bo determined ineacli j
case by tho collector at tho port of importation, siibject to review by the Depart- 1
nient, as in this case, on protest and appeal,
Respectfnily, yours,

C. S. FAIRCniLD,

Acting Secretary.

Department of Justice,
Office op Solicitor op the Treasury,
Washington, D. C, September 7, ifi

Sir: I have considered the question presented by your letter of June 10 last, inre-j
gard to the rulo that should govern in the admission to free entry of fresh fish fori
immediate consumption. 1

In the free list of tho act of March 3, 188:? '. I., 61)9), provision ia madeforthel
free entry of "fish, fresh, for immediate consumption." By another clause of fli«|
same act duty at tho rate of ijd cents per 100 pounds is assessed (T. I., 280) on "for-f
eign-caught iish imported othei ise than in barrels or half-barrels, whether frfflbJ
*'moked, dried, salted, or piokle> not specially enumerated or provided for in llisj
act." It is stated that a practici las arisen at mostof the froutierports of admittinj
to free entry quantities of Canadin fish imported in cars and vessels, frozen or packed
in ice, which are intended for disti ution to tho large cities of this country, where
they are either immediately disposi d of or placed on ice to be pold without f"rtlierl
procesb of preservation. It is also stated that a rulo has been suggested to thoeffectl
that all importations of fresh fish intended to be preserved in ice and transportMJy
above stated, with no intention of consumption on or about tho time of importatN
and at or near tho port of arrival, should be held dutiable under tho provision Is^
mentioned herein. The question as to the meaning of immediate consumption witlifl
the intent of tho act of Congress is adifflcult one in this connection. Foreign-cansW
fish impirted fresh are dutiable, and fresh fish imported for immediate cou8«aipW|
are free of duty. These two provisiora must bo reconciled. In tho taritl' act of Wfl
the language applicable to the free entrj[ of this article was "fish, fresh, cauRUt-oj
daily consumption." This continued until tho act of 1870 included it in the '""* 'l
as " fish, fresh, for immediate con8nmi)tion." It was brought into the Revised . i»ty

AMERICAN FISHERIES.

539

[ .(,, according to tlio latter doscritption, ftud was so ra-enacted in the tariff act of 1883,
I ^ j^ force. By tbo use of tlio term " immediate " uo change was inteudcd from the
I ibruier condition expressed ))y the term "daily." These two terms are iaterchange-
jbleashere used. They both relate to eurreut time. Where Congress has not defined
jineaning of terms used, or has not limited or qualilied them, it does not become
„3 executive officers of the Government to limit or qualify them beyond their ordi-
I jjfjiy accepted or popular meaning. The fish to be imported free must he fresh, that
iij, not salted, smoked, pickled, or i)reRerved. 'J"ho fact that they are packed in ice
I liasno significance in determining this (inestion. Neither does the quantity in any
! one importation signify anything, nor the distance to which it may be the purpose to
i transport tbem. The collector at the port of arrival should judge from all the cir-
i cnmstances as to their character and whether they are for imm(Mliato consumption,
1 tiiatis whether they are brought into the coiintry to supply the present demand of
I tiie market; whether they are to become at once a part of the daily food supply for
the people; not that they are to be eaten the same day of arrival or the next day,
I hot ara brought in with this exijcctation or possibility in view. The illustration
given by the collector at Detroit of large importations if whitelish, lake trout, &e.,
I at once dispatched to different large cities, viz, Cincinnati, Indianapolis, Saint Louis,
I lie, ill fish cars packed with ice, to be laid down in the market of those cities and
wldattho earliest possible time, Kcems to im- to afford a circumstance favorably dis-
posing of the question in the ])art icular case. The evident object of the special pro-
vision is a beneficent one, namely, to supply the immediate necessities of the people
with an article of subsistence easily and cheaply procured. And this consideration
may go far toward solving the question.

Whatever doubt th<!re may be, however, from want of comprehension in the lan-
guage used must be solved in I'avor of the importer and consumer, for taxes are never
to lie assessed on a doubtful interpretation of the law.

I I conclude with th ^ remark that no preciHo rule can be laid down which liuaits the
qqjntity of the fish imported or the time iii which the lish are to bo consumed. The
I evident purpose, the character of the article, and the circumstances alone mnst be
[considered as governing the customs ofliccr.
Very respectfully,

A. McCUE, Solicitor.

TheSKCRKTAUY OP TIIK TRKASUUY.

[j.G.M. c. If). i:?8r><>. I

\ D. 147-49. i

TuKAsuuY Department,

OfFICK of the SECnETARY,

Washin;,:o:i, I). C, September 10, 1886.

ICoLLECTOn OF CUSTOMS,

7'or< Huron, Mich.:

Sir; Tho subject of the free importation of fresh fish for immediate consumption
|(T, I,, now, 699) has been carefully considered by tho Departm9nt with a view to
[seonring nniforniity in the practice thereunder at the several ports on tho northern
I frontier.

Refeningto yout letter of April '2i)th last, reporting tho practice at your port iu
ImcIi cases, I have to state that it appears from a ropo; received from the collector of
icastomsat Detroit (copy herewith) that the limitation of 500 poiuids, as established
jit liis port, applies only to herring, larger qtmntities of which, when imported at his
[port, aio presumed to be intelwled for salting or preserving, as they cannot be dis-
jposcdofforiumusdiate consumption. The n^wons governing his action would appear
jtobe sufficient at his port, but may or may not be e([nally apitlieable at ports in your
Idistrict or elsewhere on tho northern frontier.

The s;inie is true regarding the rule at that port admitting whitetlsh and trout to
Sfw entry when iuiponted in ^'anij quantities." No positive rule can be established
I'wtliftgnidauco of customs oflicers at tho several i)orls. They must in each instance
iMgovv^rned by tho facts surroun'Ui.g tho importation and the practice <>f importers
MttbeirparticiiJarport. '

I T'loDenartuieiit, however, is of t'w opinion that where fish cannot be utilized in
Ijlieqimiitltij's imported for food |v,rpo.ses without salting or some process of preserv-
jiBg which will take from fJiem tl'.;ir distinctive ehariii\ter as " fresh fish," duty should
|M assessed. In such condition they art^ not lish fresh for immediate consumption,
Ijnder paragraph t)99 of the free list, but are foreign-caught fish • * ♦ fresh, •
I within the meaning of T. I., new, 280.

I J" <'*'i,cr cases, custonis otlicors mu >t be go vern"d as stated by the facts eurrounding
I'M particnlar importation, but it is suggested tiat iu assessing duty iu such cases
Rttresliould be taken to make tho practice correspond as near as possible at tho sev-

lW«Kl

540

AMERICAN FISHERIES.

As a general rule, fish which are to be constniied in the couaitiou an cauiilit witi, I
out salt'^ng or preserving, may be considered iiH fiilliug within the DioviHinnc „jl
paragtjjiph (39^. ' '"visions ofi

iCfespectfully, yours,

C. S. FAIRCHILD,

Acting Secretary.

J.G.M, C.15. 13858.) TUKASURY DEPAliTMEXT,

D. 147-48. S Ofkick ok tui.; Sicckktauy

Washington, J>. C, ^September 10, 1886.

COLLECTOK OF CUSTOMS,

Marquette, Mich.: j

Sir : Enclosed ple.-vse find copy of a letter addressed to the collector at Port Iliirnn
respecting the clasgification I'or duty of importations of so-caUed "frosli fisli for jm!
mediate consumption."

I will thank you to liave the customs officials at Sault Sto. Mario iunl otlior ports inl
your district instructed to conform the practice at their port.s, ho faras jmssiblc totW
views therein expressed. '

Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretarj.

G. M. C. 1.5.
D. 147-8.').

13927

■I

Treasury Department,
Office of the Secrktary,
Washington, 1). C, Septemba- Ih, 18*.
Collector of Customs,

Fort Huron, Mich.:

Sir: In reply to your letter of the 9th instant, relative to the dutiable cJiaractei
of fresh lish, the produce of fisheries upon the Canadian hanks of the St. Clair liivcr;
you are informed that, under Department's decision of J.;ne 17, 188.") (S. C969), siici
"fish, when caught by American citizens, are entitled to free entry as liio ijroiliict' oi
American fisheries (T. I., new, 749).

No other or further rule for your guidance in the matter of the classincationol
fresh fish for immediate consumption, v hen imported by others than Amerinnuiti'
zeus, can be given than is contained in Department's instructions to yon of tlii'i
instant. (See par. .'), Cir. No. 124, Sept. 11.)
Respectfully, yours,

C. S. FAIRCHILD,

Acting Semkrij.

CusTOM-IIousE, Port Hukon, Mich.,

Collector's Office, Scplember Hi, m.

EOBKTARY OF THE TREASURY,

Washington, D. C. :

Sib: I have the honor to acknowledge receipt of Department letter (J. 6. M.), datej
September 10, 1888, inclosing letter received from the collector at Detroit niioiitl^
subject of free importations of fresh fish for immediate consumption, the object of tb
communication being to secure uniformity of practice thereunder attlio several port
on the northern frontier.

In reply, I have to state that the practice at this i)ort and at Detroit appears to li
the same so far as affects the importation of herring, viz, to j)eriiilt freo import^
tious, for reasons stated, of any quantity not exceeding 500 poiiiids.

But. contrary to the practice of my predecessor here, the collector at Detroit p
mitB free entry upon proper oath of any quautity of white lish or trout, npontlj
ground that those fish are more valuable in a fresh state, and therefore not lilieM
be disposed of in any other condition. . I

Ho turthor states that they are imported in large icci-boxcs, placed in refrigeratj
cars ami shipped to all parts of the country, and he considers fish so preserveil aif
shipped to New York, and sold on the markets there, to be as much "fre.sb fish lorn
mediate consumption " as if retailed on the streets of Detroit.

I fail to find anv regulations to sustain this opinion. On the contrary, S. S.Ih*'*
3181, directed to the collector at Detroit, as well as 8. r)729, seem to mo toprecln^
such idea.

AMERICAN FISHERIES.

541

The case Beeras io bo ono wliero tho Dopartmont should issue positive InstnictionB
[•0 collectors on tlio northern frontier

Imiclit say further that Wio principal importations at this tiino in this district are
I insinall lots at outlying ports, whence they are shipped to Davis & Co., Detroit, who
Llacolhera in rofrigerator cars for shiprneut to the principal cities.

I constrno your letter as answering the inquiry upon the same subject contained in
I iiT letter of 'September 9, 1 88G.

■ Verv respectfully,

CHAS. A. WARD,

Collector.

Tkeasury Depautmknt,
Office op the Secuetary,
JVashington, D. C, October 1, 1886.

|J,G.M. C.15. 14665.
D. 147-200.

IcouECTOR OF Customs,

Tort Huron, Mich. :

Sut: Tho Department duly received your letter of tho 16th ultimo relative to a
[Tariauce existing between the practice at the port of Detroit and that hitherto in
hogneatyourport regarding the importation of whiteflsli and trout in a fresh state,
lad for immediate consumption.

ThoDepiirtment is unable to give any more positive instructions than wore contained
liDiisletterof tho 10th ultimo, the concluding paragraph of which states that as a
Ifeoeral rule lish which are to bo consumed in the condition as caught, without salt-
jiDjo: preserving, may bo considered as falling within tho provisions of paragraph

a», T. I., new.'

This rule, as indicating tho more recent views of the Department, must be considered
I li modifying all other rulings and former decisions which may appear to bo in contlict
[iherowitii.

Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretary.

• Thomas F. Bayard:

LUBEC, October 5, 1886.

Deae Sir ; I write to you for information in regard to our flsh law. I wish to know
Iwkther herring f-aught in Canadian waters and brought to the lines in Canadian
[tots, then transferred from Canadian boats t6 American boats on tho lines, exempts
Ithemfrom duties. These are fresh I name. Please inform me soon as you can
Yours, truly, ^

* T. C. ALLEN.

IJ.G.MB. 12. 68^4.^ Treasury Department,

D. 148-215. J Office of the Secretary,

Washington, ]).€., October 13, 1886.
Mr. T.C.Allen,

Lubec, Maine:
Sir: In reply to your letter of tho 5th instant, relative to the dutiable character
ofhcrring caught in Canadian waters and brought to tho liues in Canadian boats
iMtl there transferred to American boats, you are referred to the collecior at Eastport,
*,, who will furnish you the desired information, it being tho rule of the Depart-
wntiiot to pass upon questions of this character except when presented by jirotest
™ appeal from the action of the collector on bona fide importations.
Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretary.

CusTOM-IIousE, Bangor, Me.,

Collector's Office, October 19, 1886.

Sir; Messrs. Abbott Brothers, of Dexter, in the State, are engaged, or are about to
!''?»(!o, in the business of importing into the United States fresh flsh of difieront kinds

11 frozen state.

542

AMERICAN FISHERIES.

Their procoaa of .■>t">t«"-S'^>- *b« (isli ia to Bfcore thorn in rooniH whitib are kept ut luw
temperature by giiTvanizod iron i)ip' s which are filled with salt and ico. This mode
offroezing is not patented, and iMiin invention of their own.

They ojierato at Mangarco Harbor, Cape Breton , and they wish to bo informed
whether lish prepared in this manner will bo liable to a duty of one-b.ilf a cent per
pound, the same as those jjrepared or frozen by patent process in Canada.
I would respectfully ask for the decision of the Department in relation to tbiu matter
Very respectfully,

D. F. DAVIS,

Colkcior.
Hon. Skcketauy ok tuk Tiieasuuy,

Washington, J). C.

.G.M.— C16-919.
D 147-440.

TiiEASunv Depahtment, Office of the Skcketauy,

Washington, D. C, Octolxr'^, \m.

Collector of Customs,

Bangor, Me.

Sib: In reply to your letter of the 19th instant, relative to the dutiable character
of fresh fish frozen by a new nnpatented process which it is proposed to import at
your port from Cape Breton, you are referred to Department's decision of the lOtL
ultimo (S. 7746), in which it is stated that customs oihcers must be govonied hy the
facts surrounding each particular importation, but that, as a general rule, fish which
are to be consumed in the condition as caught, without salting or i)rcservinj{, may be
considered as falling within the provisions of paragraph 699 for "hsh, fresh, for im-
mediate consumption."

The fact that these fish are to be frozen by a process different from the patent pro-
cess heretofore in vogue would not seem to all'ect their dutiable character. Frozen
fish which have been intentionally frozen in order to preserve them have been here-
tofore hold to be subject to duty — see Department's decisions of January 3, 1877(8.
3062) and Juno 27, 1877 (S. 3280) — the United States circuit court, in its decision therein
cited, having expressed the opinion that such fish, while undoubtedly fre.sU, could not
be considered as intended for immediate consumption.

This rule would seem to apply to the flsh covered by your letter of inquirji.
Respectfully, yours,

C. S. FAIRCHILD,

Acting Secretarn.

No. 65 Wall Stueet,
Neiv York, November 5, 1886.
Hon. Daniel Manning,

Secretary of the Treasury, Washington, D. C:
Sib : As attorneys for several importers of fresh fish, we desire to bo iiil'omied, if not
inconsistent with the practice of your Department, of your decision touching the mat- 1
ters hereinafter referred to. I

A large fleet of American fishing schooners leave Gloucester, Mass., early in Decem-
ber and rendezvous at the fishing grounds in open sea off Fortune Bay, Ncwfouml- i
land, to catch herring. Tho crews are employed in catching the fish, and the master, ,
if opportunity offers, purchases from the fishing yawls surrounding the fleet. 1m i
temperature ranges about 20 degrees below zero, and the flsh as they are ciinghtaw j
allowed to remain on tho deck, and in a short time are frozen stiff, and at nightiall I
are shoveled into the hold. As soon as about 700 barrels in hulk of these "Iresnj
frozen herring" are on board, the schooners leave perchance for this port, where tliej
fish is immediately unloaded and sold to hucksters for about 2 to 3 cents per pound. |
We have given you above an account of how tho " fresh frozen herring" are taugMl
and brought to this market, and we desire to be informed if you do not consider tjieMJ
fresh frozen herring "fish fresh for immediate consumption," and as 8ucb/re« V^'^'H
Your Department has lately made several decisions as to fresh lish, and t"!^ "'p*|
are naturally eomawhat nervous. They have been for nniny years past admitteiiwi
free entry. Do you know of any reason why they should be deemed dutiable ! |
Thanking you in anticipation, wo are sir,

Your obedient servants, &c. „^„„

- R. J. GODWIN & SONS,

65 Wall Street, New YorH.

AMERICAN FISHERIES.

543

J (} jj. ) TnEASunY Depautmknt, Office of tub SncRBTAnr,

IniW-^'ji. \ Washington, L. C, November 18, 188G.

Messre. R." J- Godwin & Sons,
' No. 05 ff an Street, New York, N. T. :

Gentlemen : In reply to your letter of tlio 5th instaut, in wlilch you enquire as to

I the diitiahlo character of borring, wliicli may l)0 broufbt to American ports in Ameri-

I p (isliiiijr scbooners in a frozen condition, tbo roHult of the flab having been left over

Dijhtnii deck, I have to state that the Department does not make a practice of an-

(wriiig liypothetical questions of this chamcter.

Icncloso, however, a copy of Department's decisions of September 10, 188G (S. 7746),

and invite your attention to tho last paragraph thereof.

The circnmstauccs surrounding each importation will have to be taken into con-

liiieration by tbo collectors at the ports of arrival, but tho fact that fish are frozen is

Dotsufflcient in itself to mako them dutiable if the other circumstances surrounding

I liie importatiun tiro sufiQcient to establish tho fact that they are imported fresh for

I immediate consumption (see S. 7837).

Rcspectfnily, yours,

C. S. FAIECHILD,

Aoiwg Secretary.

APPENDIX B.

WHAT ARK AMKIilCAN riSIIRIlIUS f

No.l.

TiiEASURY Department, Office of the Skcretary,

IVasUngion, D. C, August 13, 18*3.
Collector of Customs,

Salem, Mass, :

Sir: In roplj' to your letters of tlio 8tb luid 9tli iiiHtfuil;, ro(iuostiug iiiBtructioiisinj
regard of the dutiablo character of the cargo of the American iisliiiifi,- schooner Isaac j
Eich, which cleared from your port ou the Slst of April last, I have to say that tlicl
portion of the fish caught by the crew of said vessel or by men employed liytlicj
c&ptain for that purposo, as well as the oil extracted therefrom, is i'reo of iliity under 1
the act of March 2, 1861, which exempts from duty " Oil, spermaceti whalo and other I
fish of American fisheries, and all other articles the produce of such iislieries." Thcj
herring and other portion of the cavgo purchased by the captain, and not caught by}
men employed by the captain for that purposo, cannot bo considered us tUo produce j
of American fisheries, and are therefore not exempt from duty ; neither is the Haltused I
in curing the same exempt from duty, as said herring, &c., where not taken hy a ves-j
sel licensed to engage in the fisheries.

A copy of this letter will be sent to the collector at Boston, where the salt was]
withdrawn, for bis information.
I am, very respectfully,

WM. A. RICHARDSON,

Secretary.

No. 2.

COLLECTOK OP C

Treasury Department, Office of the Secuetauy,

Washington, I). C, Jmeil, 187(),
Hon. T. W. Ferry,

President of the Senate :
Sir : I have the honor to acknowledge the receipt of your letter of the 2Gth ultimo,!
inclosing a communication from John O'Malley, of La Pointo, Wis., making the loll
lowing inquiries in regard to American vessels fishing upon Lake Superior, viz; I

(1) Can an American vessel engaged jn fishing upon the northern shores of Lalie|
Superior, in Canadian waters, with American twine and American labor, salt ihem
upon the vessel and bring them into the United States free of duty 1

(2) Does an American vessel engaged in fishing or the coasting trade, on cleariDM
for a Canadian port become liable to tonnage tax? I

In reply to the first question I have to state that neither the treaty of Washmgtoai
nor any other treaty with Great Britain authorizes American fishermen to fish up(inl
the northern shores of Lake Superior, or i)rovide that fish there caught shall hecnf
titled to free entry into the United States. j

Such fish, however, caught by permission of the Canadian Government, express oq
implied, on American vessels and salted therein, would be duty free on entry iimlfrt
the provision in section 2.505 of the Revised Statutes for " the produce of Amerwiu
fisheries," and the decision of the Department contained in a letter to the colloetoi^
of customs at Boston under date of the 22d of January, 1869, to the following clloii;
" If foreign salt is used loithout the limits of the United States in curing fish of Amnj
can catch, the fish are not thereby rendered dutiable, nor is the salt so used liaW'
duty. ' ■ inl

" If salt purchased abroad for the curing of fish is not consumed iu t'l® J"™^.'j:i
is brought into an American port, the salt would then bo liable to duty, but tue «« ;"
American catch, cured with such foreign salt, before importation, are free ot aut}-

To the second question I answer that a vessel engaged iu fishing or the coa!..
trade does not become liable to tonnage tax on clearing for a foreign port.
544

AMERICAN FISHERIES.

$45

But a coastins vessel so clearing dirrcthi, or a v<5S8el entering a Canadian port on
Ithe lakes <luring a fishing voyage, would bo reouirod to pay the tax on her return to
Itheriiitert States, pro/idod it had not beon paia within a year.
I liavo tiie honor to be, sir, your obedient servant,

CHARLES F. CONANT,

Acting Secretary.

No. 3.

Tkeasuky Depaktmknt, Office of tiik Skcketary,

^ IVashinglon, D. C, May 15, 1877.

ICOLLECTOR OK CfSTOMS,

Boston, Maaa, :
*ir: Tlif> question has arisen in regard to what proof is accepted by collectors of
l(nst(in:s to sIk)w that oil and bone, claimed to be tho products of American fisheries,
.really such products, when brought into American ports by vessels other than
Jfi* employed in the catch.

VM>els('iit('riiig Saint Lawrence Bay, on the Siberian coast, laden with tho pro-
Itictsiif Amerieaii flshorioH, tluire transshij) their cargoes to other vessels. There is
nwiiilar ollicer and no American citizen resident there. It is jtropoaed to have
Ji«c,iiitaiii and mate of the vessel actually catching tho cargo certify upon thetrans-
iliipiiunt thi) liicts iu the case, and the question is whether such certificate can be
piipilv accepted as conciusiTC.

[hill thank yon to report your views in regard thereto at an early date.
Respectfully,

H. F. FRENCH,
AsBtBtant Secretary.

No. 4.

' ' Treasury Department, Office of the Secretary,

Washington, D. C, September 1, 1877.

loLLKCTOR OF CUSTOMS,

San Francisco, Cal. :
I Sir: I iiicloHo herewith a copy of a letter dated the 30th ultimo from Mr. J. M. Bart-
pt. stiitiiijr that certain cargoes consisting of the product* of American fisheries are
m\n\ to arrive at your port.

liie following tt'legrani has been sent to you to-day iu regard to the matter:
l"Allnw frci entry of merchandise per barks Legal Tender and Jenny Pitts, if satis-
hit is product of American fisheries, and that regulation evidence is unattainable."
JTlii'appliciition is favorably indorsed by the collector of customs at New Bedford,
Itbe partita concerned propose to furnish evidence substantially complying with
lit required hy circular of the lUth of June last.

|ShouU there, in your opinion, be any good reason why free entry of tho merchan-
uhould not 1)0 allowed, yon will please report the fact to tho Department.
Very respectfully,

H. F. FRENCH,
AsBiatatit Secretary,

No. 4J.

Office of the Secretary,

Washington, D. C, April 20, 1878.
(•T.W.Ferry,

^»M States Senate:
p. I have the honor to acknowledge the receipt of your letter, dated the 15th in-
F. inquiring whether a citizen of Michigan engaged in fishing in Lake Superior
pre hmfish upon Canadian soil, and afterwards send them to the United States
™ steamers plying between the United States and Canada.

^ ^f^y '". *'"''® fish on a foreign shore in certain caaes is recognized by the
wyot Washing* \, and such curing would not be considered by this Department
^nnng fish of their right to free entry as the produce of American fisheries
»W!tion2a0.o of the Revised Statutes.

8. Ex. U3 35

546

AMERICAN FISHERIES.

The free ontry of the produce of American flshitricH brouffht into tli« United 8tat«i
from a t'oroixu ])lac(), in a vessel other than tho one in wliicli the tisli were taiiPu li
authorized by the Uef^uliitiouH t)f this Department, of wliich a copy is iiu loged w..
with, for your further information.

Fish caught, cured, and imported as you describe may therefore ]m admitted to
free entry if, a<i is presumed to bo the case, they were taken in a vessel enrolled nod j
licensed for the foreign and coasting trade on the northern, northeustoru, and north.
western frontiers.

Very reapeotfuUy,

JOHN SHERMAN,

Htcrelarji,

No. 5.

Trkabury Department, Ofeicb op the Hecretapy,

Uaghington, D. C, Man, 14, 1878.
Capt. H. M. Nichols,

Chelsea, Maait. :

Sir I The Department is in receipt of your letter of the 6th iimtnnt, stating tbatj
you propose to fit out a vessel to engage in taking turtle in the Gulf of Muxico,8Dd|
inquiring whether turtle so taken would be subject to duty on importation into the!
United States. I

In reply you are informed that the free list of tho Revised Statutes exempts froinj
duty spermaceti, whalo, and other fish oil of American tisheries and all other articleil
the produce of such fisheries. I

Turtles caught by vessels properly documented under the laws of the United Statwl
would be regarded by this Department as the produce of American fisheries, an
therefore free of duty.
Very respectfully,

JOHN SHERMAN,
■ V , Sforefsrj.

■,.■';■,'.", No.6.

Treasury Department, Office of the Secretary,

liaBhington, D. C, Xovemberl, 1878.
Collector of Customs,

Duluth, Minn.:

Sir: This Department is in receipt of a communication from Special Agent Johi
Douglass, stating that fish caught by United States fishermen in United States vm
sels will bo imported at your port from Prince Arthur's Landing, Canada, in steainen
and their free entry requested. He therefore inquires —

(1) Whether vessels of 2.5 feet in length may engage in the business t

(2) What proof is necessary that the fish were caught in American vessels, tber(
being no United States consular officer at Prince Arthur's Landing t

(3) Whether, if the fish are cured with foreign salt, they may bo admitted free I
The Department has to state: (1) that if the vessel is properly docuiuented (w 1

vessel of the United States her length is not material ; that if not so doctimeDtedtM
fish wrould be dutiable ; (2) that the proof necessary that the fish were canght a{
vessel of the United States is specified in the inclosed circular of tlio Departmeclj
dated the 13th of June, 1877 ; and (3) that the fact of the fish being cured with for]
eign salt will not render thtm subject to duty.

Very respectfully,
By order :

H. F. FRENCH,

Assistant Secntani.\

No. 7.

Treasury Department, Office of the Secketary,

Washington, D. C, fe6iourj/5,18W-j

Collector of Customs,

Eastport, Me. : . , ^

Sir: The Department is in receipt of your letter of the 25th ultimo, "^ ^"'^ -I

inquire whether lobsters caught in Cauadian waters by fishermen on board an Awj

can vessel licensed for tho fisheries may be cured in domestic tin cans on ooara ^

vessel and brought to the United States free of duty.

AMERICAN FISHERIES.

517

In reply V"" "rfi inforii>«i'l that, in tho opinion of the Dflpnrtmnnt, neither the sbell.
|Ubnorth«piit!kaK«*H 'n qneHtion would be Hubjoot to duty under any provision of law
Very respt'ctfuUy,
Brorden H.F.FRENCH

Aattatant Secretary.

No. 8.

Treasury Dkpartmknt, Office ok the Skciietary,

IVnahington, 1). C, January UO, 1882.

I COLLKCTOR OF Cl'STOMS,

Boston, Mast. :
Sir: The Dciiiir'iiiont lias duly oonsidorod tl\n appeal (7048 fl) of Messrs. Wendell
I i Phillips fi'f'iii your nsHcssnitMit of dnty at tlio rate of one dollar per barrel on 132
Ibirrelsof iierri II jr imported into your port from 8t. Pierre, Miquelon. The appell-
Ijniiiolaiiii ''i!)t the tish in question were canijht in Fortun" Hav, Newfonndland.

Tlii-oiilv ( idonce in 8upi)ort of the claiin tliat the herrinjj were the product of the
|Sew(onn(ilaii(l (islieries consists of niemoriuida on a cortiticate from the foreign ous-
loms oflicor that tlie fish were of English catch.
This evidpiice is not satisfactory to tho Department.

Itmimt 1)0 made to appear by competent evidence from Newfoundland by what
ItFusel the tisli were caufilit and what her nationality was. Also that tho fish were
Ithe produce of the fisheries of the colony of Newoundland, by whicli term is meant
l&herN carried on by t he people of that colony, or by persons authorized by its laws.
Sixty days from date will be given to the appellants to produce the desired proof.
|l( not produced within that time, your assessment of duty will stand affirmed.
Very respectfully,

H. F. FRENCH,

Acting Secretary.

No. 9. ,,: \ ,.^- ,'.,• - i. -:,:•',/..

Department of Justice,
Office of the Solicitok of the Treasury,

yVaahinglon, D. C, June 10, 1885.
Sir; I have the honor to acknowledge the receipt of your letter of the Sth instant,
HlMstiiig my opinion as to the questions presented by the collector at Eastport, viz :
1. After July I next, when the treaty with Great Britain of May 8, 1871, shall
m terminated, will fresh fish caught in foreign waters in open boats of less than
l«tons burden jwned and manned by citizens of the United States be free of duty,
■Bilerparagraijh 74i) of tlie tariff act of 18«3 f

I '2. Will freeli tish taken from weirs in foreign waters by boats of the class referred
|o he free of duty under that paragraph 1

i It is provided by the iu t aforesaid that the following articles when imported shall
exempt frou duty : • ■• » "Oil, spermaceti, whale, and other fish oils of Ameri-
B fisheries, and all other articles the produce of such fisheries."
lumlerstaud the term American fisheries, as used in the paragraph cited, to char-
tmzethoso carried on by citizens of the United States.

It may be remarked that vessels of less than five tons burden engaged in the occu-
ijiou, if uulieeused, are not subject to tho penalties of this statute.
Whether the ^vnt are taken from weirs along the shore or caught in the open sea, I
™ thi'y are e(pially tho product of imerican fisheries if so taken by American
ueas engaged iu the business.

Accordingly, I answer the inquiries of the collector in the afiQrmative.
Very respectfully,

A. McCUE,
- Solicitor of the TreMurjf.

. Daioel Manning,

Seeretary of the Treasury.

548

AMERICAN FISIIEHIES.

Custom -HouBB, OLoufKHiKit, Mam
Collector' a Office, Dtremkri, IH
Hon. Skcrrtary of Trkasury,

H'aahiiKjton, D. C:
Sir: TImi Hcliooiuir ArtlmrD. Story, which oailcMl from tliiH port, utulrr » reiriMer
boiiiuloii a i'mhiiiK vuyii^u lotlio woHtoni coaut of Nuwr<>uii«lliiiitl, liaH leluriitil witbi
cargootHall horriii^^H. Tlio vomnoI farritMl Halt, bai-relH, H(^Ille iiotH, "nd purt iit' ucret
Soveu iiuMi and iitttH went hirod ii, Nuwfoiiiulliiiiil to aNHJHt in calcriiiiiiur thi; anfiit. lanj
of *honi>inion that tlio (lMh,liavinn l»^^eu8alto(l on boaid an Auii-rican vj'HHol.witliAiiifr.
ican Halt, Ixtcanie tin' product of tho American tiNhfriuH, ami as hiicIi Nhonhl he ad-
mitted duty free, and I think waH so docidoil by Secretary Mc^Culloch in \r*i\J, HJvir
IIU'A) ; but iinilin}; no decinion to that ctlbct on record in thlH ofliec, I haw (UMtwddiitv
subject to yonr decision, wliich theowuerH have paid under protest. '

I am, very respectfully, yours,

D. 8. PRES80N,

CoUtctor.

Tkkahuuy Department,

Ofkick of tick Skckktary,
Washington, D. C, Dtcmbvr 16, 1866,
OOLLKCTOR OP CUSTOMS,

Olouceater, Mast.:
Sir: In reply to your letter of tho 7th instant, asking whether fish hroiij,'lit, jntnynnrl
port by tho schooner Arthur D. Story, which bailed from your port on a liHlMii(r voyj
ace to the western coast of Newfoundland, ami has returned thence with unirjjoj
wliich had been taken by the crew of tho vessel, with the assistance of men and iuMi
hired in Newfoundland for that purpose, would be free of duty, you ant infonid j
that such tish, having been taken by an American vessel licensed for tho tiHliciics, anj
entitled to entry free of duty as the produce of Amoricau fisheries, under T. I, ne» j
749, and the principled enunciated in Department's decisions of February *j, 18ii
(8. 353), August 13, 1873 (copy herewith), and February 36, 1877 (S. 3l:ll).
Respectfully, yours,

C. S. FAIRCIIILU,
Assistant Secretary.

APPENDIX C.

DUTIES COI,I.ECTKD OX FISH.

'J'RKASuny Drpahtment,
Office of the .Secretary,
WaHhingtoti, D. C, Dvcemher 13, 1«8(5.

Sib; PloaHo pmparo for luo, at yonr oarfi(»8t coiivonienco, a Htiitpmont showing the
I wnuif luoucy collected iiHdutioM on UhIi ((liNeriiniiiatiujj botwiMiii freHh and uot frosh),
IjtiiMb Atlantic port, oach year duriug the live yoars botbre 1854; for each year
IdnriiiK tbo trrm of Iho reciprocity treaty of 1854; for each year during the period
Iktwicii till' tirmiiiation of that treaty aud the beginning of the treaty of Wn^hing-
lloD, ill IH71 ; tor each year during tJio term of the treaty of WaBhington, and also for
llkyi'iir iHnti, cau<r|it in North Atiantiu or on Canadian or Newfoundland coasts and
limpitrti'd in forcjifti vessels, specifying t*io kind of lish.
Itoiifctt'iilly, yours,

DANIEL MANNING,

Secretary,

Hon. William F. Switzlkii,

Chief of Bureau of Statistics.

Treasury Department,

Bureau of Statistics,
Washington, D. C, December 17, 1886.
Boil. Daniel MANNiNa,

Stcretanj ^/ the IVeasury :
DearSik: I have the honor to acknowledge the receipt of your letter of the 13th
liistant, asl<in^ for the amounts of duty collected on imports offish caught in North
Ailiiiuicoiou Canadian or Newfoundland coasts, v.ith the following distinctions:
1) Di.scrimiuafing as to tho amounts of duty collected on imports of tish fresh and
A W't I'rcsli.

'■ '•iiitinjjui.'ihing as to tho amounts of duty collected on each kind of fish im-
|l».Mu: 111 Atlantic ports each year,
(3) Sitecifying the duties collected on each kind of fish imported in foreign vesaels
"itli year.

PERIODS COVERED BY RECIPROCITY TR«:ATIE8.

Jlie period covered by your inquiry extends from 1850 to 1886, inclusive. During
is lime there were two reciprocity treaties between this country and Canada : First,
iliat of ia')4, proclaimed September 11 of that year, and terminated March 17, 1866;
jKoml, the treaty of 1873, proclaimed July 1 o"f that year, and terminated June 30,
B». It will be observed that a portion of the fiscal years 1855 and 1867 is embraced
Fithin the provisions of the reciprocity treaties.

as to THE WATERS WHERE IMPORTED PISII ARE CAUGHT.

Lr' »*f*fring to the branch of your inquiry aa to tho imports of fish caught in North

IV ff ""^ on Canadian or Newfoundland coasts, I have to state that the records of
laoflicofnrniNh no information as to the waters in which importetl fish are takeh.
Mi A ' ^^ statemente furnished embrace the imports of tish from the British
itui American Possessions (excluding British Columbia when the imports therefrom

je won Rtparately shown in the records), as being the nearest approach to the

'fonnitm asked for.

.")49

tt^

iSfiij

550

AMERICAN FISHERIES.

MAMXKR IN WHICH BBCOBDS OF DUTIES CO/LECTKD OIT IMPORTS IIAVE DEES KEPT

(2) Prior to 1867 no complete records were kept of the amounta of duty collected
on oacL article imported into the United States, nor have records been kept since that
period as to the amount of duty collected on the various articles which are imported
from each country, the accounts of duties collected on the respective article imported
being only kept so as to show the uaiount of duty collected on each article imported
into the whole couninj.

To keep au account with respect to the duty coll 3cted on each article imported from
each country would be a work of great magnitud j. It has therefore been foimd nec-
essary to estimate the amounts of duty receivdl on the gross imports of ftsh of the
various kinds imported from the above-named provinces. A portion of this imported
fish is subseqiiently exported, but it is believed that the amouut is inconsiderable,

AS TO DUTIES COLLECTED ON FKESH FfSH.

(3) I am asked to discriminate in the statements furnished between the amounts of j
duty collected on fish fresh and fish not fresh. Since 1861 fresh fish imported for J
daily consumption has been free of dui.y. Just pri' r to that date -t was dutiable at
the rate of 15 per cent, ad valorem, but the records of the imports of fish prior to 1861 1
do not distinguish between the fresh and cured.

, iS TO TUK RECORDS OF IMPORTS BY Cn^fOMS DISTRICTS.

(4) Inasmuch as the accounts of imports distinguish only .as to the agj;regatevalM|
of all imports brought into each district in American and foreign Yessele, respectively, |
and not as to the value of the respective articles brought in American and in foreign!
vossels, the information aa to the duty collected on fish imported in foreign resseln
cannot be given. «

STATEMENTS SUBMITTED.

(1) Table A shows the estimated amount of duty collected on imports of (isli intii
the United States from the British North American Possessions during each yearfrou
1850 to 1886, except when the reciprocity treaties of 1854 and 1873 were in force.

(2) Table B shows, by customs district,';, the estimated amounts of duty collects
on imports of fish into the United States from the British North American Po*
sions, other than British Colunibia, during the year ending Juno 30, 1886.

REMARKS ON TABLES.

During the period of the recii>rocity treaties, there being no duties colkcted ontisl
imported from the British North American Possessions, those yeart-' do not apntarir
the tables.

Probably a small portion of the herring and all of the sardines and anchoTiaj
should not bo included in the tables, as a small portion of the former and perhaps all
of the latter come from Europe through the BHtish North American Possessions, ba
the amounts of duty collected thereon are inconsiderable, and would not materiallj
afieot any deductions drawn from the tables.

•>

1 Jt

!(

0

::

a,

:

M

(

q

J '^

>

ty

IB),.

*'i 143

llfil..

8,0!).-)

IKJ.'..

11,991

IK)..

■ii,m

IW..

28, 2,57

]») ,

20,398

m.

K.

m.

: 2,070 0(1

97,59JO0

■ 51, 301 00

IJTO..

INFORMATION ASKED FOR NOT FURNISHED.

With respect to your inqiiiry as to the duty collected on imports into each porl
Table B contains all the information that I can furnish at the present time. This if
formation for prior years not being in priuted form, it is necessary to compile it fro(
the manuscript records, which is a tedious process. The information cannot be giva
from 1850 to 1855. Such of the records as antedate the orgauizatiou of this Bureal
in 1806, are incomplete, having been kept in a careless manner and allowed in gref
part to go to destruction, .

To collate simil.ar information to that in Table B, from the manuscript rccordM
the period from 18()6 to 1873, will require the work of several clerks for two orthfl
weeks, as only those skilled in the accounts can work upon them. Possibly, 1"'"!^!J|
the information liero furnished may be deemed sutflcient. If it is still ^"S'"'*'' '?'
information similar to that in Table B be compiled for the years from 1866 to Kl\
will undertake the work and perform it as best I may with the limited clerical totj
I have fitted for the work. .

The calls upon me from Senators and Representatives in Congress in regard tot
tarift' and other commercial subjects are very numerous and pressing at the pros*

AMERICAN FISHERIES.

551

time, when th«y are entering upon a tariff debate. In order to auHwor tbese calls it
is necessary not only to Iceop up tbe current worl£ of this office, but also to devote a
lar'e amoiint cf labor to the preparation of tbe information asked for, all of which
mesiny i^orcc to its utmost capacity.
Very respectfully,

VVM. V. aWITZLER,

Chief of Bureau.

^-Slatement showinq the estimated awomtt ofdutii collected on imports offish into the
Tmted States from the British North Jmerican I'ossesniona during each year from 1850
iol^&i, except when the reciprocity treaties of 1854 and 187;i ratified between Great Brit-
ain and the I'nited States were in force.

1

e

FISH,

DRIED, SMOKED,

PICKLED. ETC.

•

:

i
i

a
I
W

Mackerel.

Salmon, pickled.

OTHKR.

Anchovies and sar-
dines, packed in
oil or otherwise.

All other, not else-
where specified.

Fish of aU kinds.

u

!

i

>

Pickled, in
barrels. •

.9x-»
'A

Total daty.

Bv\ 1! u'> xn *f,i nni 8n!)'in oo4 on vt jtts en

$«, 08r> 20
4, 860 00
iO, 954 00
37, 075 80
17, 169 00
24, 479 20

$106, 532 60
152,850 80

Ifil.. 8,69.) 20 109,C9H60 17, '17 40
W... \VM 20 65,522 60 19,305 20
IKl.. 2^,931 40 05,843 20 18,8,58 40
m.. 26,257 411 94,183 20 18,615 40
1855 on sns 911 KR 451 40 16.570 00

12, 479 «0
8, 478 20
17,380 80
22, 591 20
14, 533 40

110,251 80

169,080 60

178, 816 20

161, 432 20

(Treaty of 1854 in force from September 11, 1854, to Match 17, 1866.}

1 1*!.

\m.

2,070 00'
(17. ,'JSj 00'
51, :t01 00.

1,002 00
1 j5, 006 00
8!), 310 00

iKn.....

IFJ..]OI,2UO 00;
\W.i.. 63,i)3J00

1.5.-), 462 00
179, 398 00

1,464 00
18,648 00
19, 539 00

9, 588 OO! 5, 255 95
36, 943 00; 32, 529 71
21,282 00 38,940 09

$323 00
36 50
65 00

383 00,$88. 940 25
1,708 50 137,886 50

$279, 439 25
292,351 75
300, 203 50

10, 762 05
340,758 21
217, 437 09
279,439 25
292. 351 75
300, 293 60
308, 985 25
372, 000 00

(Treaty of 1873 in force from July 1, 1873, to July 1, 1885.]

6.' 61.263 on, 101 778 00

I
9, 064 00 .

0.5, 816 30 442 00

38, 664 75

lloul 125, g«4 20 1, 103, 774 80 158, 085 40 150, 715 00l270, 065 8."' 3, 013 00 265, i Jl 60

207,028 05

872, 084 60 3, 3i:, 110 26

* Imports from Uriltah Columbia oxcladed.

552

AMERICAN V1SUEKIE8.

B. — Statement ahoiving, by oustoms distriota, the estimated amount ofduti colkcledon imn -
of fish into the United States from the British North American Posaesaionn. nihu ■''
British Columbia, during the year ending June 30, 188C.

[Nova Scotia, New Brunswick, Prlaoe Edward Island, Newfoundland, ami Likbrador.i

CUSTOMS DISTRICTS
INTO WHICH IM-
PORTED.

Atlantle port* (and
Chicago).

NewTork.N.Y

BoBtou and Charlestown,

Philndeiiihia, Pa

Baltimore, Md

ArooBtoi \, Mo

Bangor, A&

Bn rii Rt able, Haas

Chicago, 111 ,

Gloii' 'Ster, Mass.,

Hachias, lie

Marblphead, Mass

Newarlt, N.J

Newbnri:port, Mass

Passamaiiuortdy, Me —
Portland and Falmoi-ith,

Me

Port;, month, N. n ,

Richmond, Va

Saint John's. Fla

Stoninirton, Conn ,

Waldoborongb, Me

VMKI<

••••«♦•«»

FISH SUBJECT TO DUTY.

£

$10, 477

25, 777
45

&

OTHBR.

i
I

§

I

.111

$25, 12''.
65, '.24

114

4

1,782
2

796
1,615

2,485

!$4,208
3,556

20
2

7,290

2,436

30

208

100

4R,fl47 IIIMinn I B,

122,170 00
88, 300 80

1, 70S 74

JO 45

1, 046 37

1,232 00

300 29

11, ^07 30

0 52

15, 846 75

4, 317 35
2 00

4 18

05, 055 75

« f 0)

r .*

is®

a'O o

<

$434 40

ii

*

"o"^

"s

a V

S

fe*

1

.3 E

^

e »

c

<

1.

W, 515 75 : $C5,;^;5J

4,992 75 ' 137,600 551

i iiwf

i,73?:ii

7 eo , I33ii5l

2,359 25 , 10.M:6!1

i i I'Si

1 00

14 00

8, 139 2S

434 40 114.038 50

3,4<>2e)l

ii,2o;sil

053 1

lOtl

l((4l

2i,90«i»|

5,9;): 351

in

2,48i
it

.262, 5*0 SI

[Quebec, Ontario, Manitoba^ and the Northwest Territory.]

Northern liorder ports
(except Chicago)

8,218

782

160 65 7 00

24, 626 25

'|ffS^|s4|»»fftfiFPj«W»-

34, 47! Ml

eH on Inipijr',
», otkr thn

irador.l

.|05,.'*i:5j

.137,SM55l
.1 45 001
. 1,758 :»|
.' 133ilSl
,.i 10.9C7«|
..' 1,232111

..1 3,«:'?j

..! ll.SiiT

, '.I I

UtOl

21,908 041

5,93; al

.262,5(5 651

84,4784

APPENDIX D.

Tonnage of Jmerican fishing vessels over twenty tons, other than whale

Poriod.

lYear.

ToDnage.

FiTe years prior to treaty of 1854

1 Twlve years embracing term of reciprocity treaty of 1854

I Tm years between reciprocity treaty and treaty of Washington.

iFuTteetyeanembracing term of treaty of Washington

1850
1851
1852
1S53
1854

1855
1856
1857
18:>8
185»
1860
1861
1862
1863
1864
1865
1866

1867
1868
1860
1870
1871

1872
1873
1?74
18(5
1876
1877
1878
1870
1880
1881
1682
1883
1884
1886

1880

Average
for period.

143, 758 ,
138,015 '
]7.'>, 2U5
150,84(1
137, 235

754, 053

124, 553
125, 703
132, 001
140, 490
147, 047
153, 019
182,106
203, 459
157, 579
148, 244
100, 436
89, 386

1, 706, 123

08, 207
74, 763
,55, 165
82,612
82, 902

368, 649

87, 403
90, 542
68, 490
08, 703
77,314
n 678
71, 6ti" .
66, 543 I r
64,935
66,365
67. 014
84,822
72,609
73, 975

1, 048, 453

70,437

150,810

> 142, 177

72,730

74,880

70,437

563

APPENDIX E.

, No. 1.

[Ciroalar.— Statlaticis of the Fisherioa.— £f«« Circular 177 of 1885.]

Department No. 63,
Bureau of Navigation

n J

Treasury Department,

Office of the Secretary,

Washington, D. C, May 28, im.
To the collectors of customs and others :

It is represented to this Department by the Hon. Spencer F. Baird, Commissioner
of Fish and Fisheries, that, in view of the qnestions arising as to the siiaping aod
negotiating of a new fishery treaty with Cfreat Britain, atFectinf? coloni.ii watere
in North America, and for other reasons, it is desirable to have at hand, available for
reference, full and accurate information regarding our fisheries.

A large percentage of the product of the fisheries of the United States is taken by
vessels liconsed for the fisheries, or the coasting trade, and the owner or master iu each
case is thoroughly informed relative to the movements of the vessel and the quantity
of fish, shell-fish, and other products obtained.

It is, therefore, directed that whenever the owner, master, or agent of any veeselof |
over five tons burden, engaged in the capture or transportation of any kiudof flsh, '
Bhell-fish, crustacfD, or other i)roducts of the seas, rivers, or lakes, shall present binisclf
at the custom-house for the iJurpose of obtaining or renewing his marine papers, tbe
collector or his deputy will question him regarding the information required by the
blank appended hereto, and will fill out the blank for the details thus obtained and
certify that it is correct. The statistics should include the period covered by the I
papers about to be surrendered.

On the first day of' each month the collector will forward by mail all siicb blanks
filled out during the preceding mouth, addressed to "The Commissiouer of Fish and
Fisheries, Washington, D. C."

Such additional copies of this circular as may be necessary for your use will be
furnished by the Bureau of Navigation on requisition.

C. S. FAIRtHILD,

Acting Secretary,

§0

TREASURY DEPARTMENT.

Statistics of the vessel fisheries of the United States, furnished by
customs for the port of . Date of record, .

-, collector ojl

Name of vessel, •

rig.

net tonnage, -

Present value of vessel, 8 ; value of apparatus and outfit, f —

Hailing port, ; fishing port, .

Period covered by papers about to be surrendered or renewed began-
and ended , 188 — .

-, 188-,

Name of owner or agent,

P. 0. address,

P. O. address, •

Name of master, , _ . _. „ ,

Num^jrof persons on vessel, as follows: American subjects (white), ^ =;Amen'j

can subjects (colored), ; British provincials, ,' other foreigners, ——!|

total,

Naftie separately all fisheries engaged in during period covered by papers men-j
tioned above.

Where fishing, and on what grounds. .

Kinds of apparatus used. .

Date of starting on first trip, .

Date of return from last trip. .

Total nunil)er of ti'ips made. .

How long idle uuriug period covered by last papers.

554

AMERICAN FISHERIES.

555

Qnaiitity of flali or other prodaota taken during period covered by last papers, as
"pouudB sold fresh : Mackerel, \ cod, — ; — ; halibut, -; — — ; herring.

haddocli, :] white-fish,

lake trout.

haddock, :i ."'"r.""?"' ~ v.- x

other fisU (specifying kinds and qualities), .

Pounds dry-salted or split for salting : Cod,

luonhadon (bbls.),

hake.

„]li,(l; ; other fish (specifying kinds and qualities), ,

Barrels, brine-salted (seu-pucked): mackerel ; sea-herring,-

,,|,1,1j) . 1 lake trout (i bbls.), ; lake herring (^ bbls.),

haddock,

white-fish,
; other fish,

Biishelsof sbell-flsh: Oysters taken,

^1;(,-, . • olamstransportedouly, ;

Xiimbcr of lobsters : Lobsters taken,

Gallons of oil (specify kind and quantity),

Miscellanoous products : Seal-skins,

ifv kind and quantity),

; oysters transported only, ;

scallops, ; other sholl-fish, -

clams

lobsters transported, only •

sponges.

other products (speo-

Tolal value of fish and other products taken, before deducting any expenses, $ .

Disposition made ot fish or other products (where lauded), .

Estimate of pounds of above-named fish taken within three miles of the mainland
or islands, as follows:

Mackerel, ; cod, ; hake, ; haddock, ; pollack, ;

ljffij[i(rj _ ; menhaden (bbls.), J other fish, .

Totat value of fish taken within ttiree miles of the mainland or islands, $ .

Has the vessel entered foreign waters for any purpose whatever during the above
period! If so, please answer fully the questions on the following page ; if not, they
my be neglected.

Uitks of Amencan fishing veaaeh entering foreign waters, especially those of Canada,
Newfoundland, Iceland, or Greenland.

Name of vessel.

.f'g'.

■ ; not tonnage.

Nnmbor of weeks actually fishing in foreign waters, .

Where finhing, and on what grounds, .

Kind of apparatus used, .

Total quantity of fish or other products taken in foreign waters, as follows :
Pounds sold fresh: Mackerel, ; herring, ; cod, ; halibut,-

iliiie-flsh, ; lake trout, ; other fish.

Pounds dry-salted : Cod, ; hake, ; haddock,

other tisb, .

Barrels brine-salted (sea-packed) : Mackerel, ; sea-herring,

(i-bl)ls.), ; lake trout (^-bbls.), ; lake herring (|-bbl8.),

1 lisli, .

■ ; halibut.

; white-fish
; other

Other products (state kind and quantity), .

State fully the quantity of each kind taken within three miles of any land, and

locality where liken, ,

Total value of fisu taken in foreign waters, $ .

Value of portion taken within three miles of land, $ .

Money paid to fi.reign merchants for ice, $ ; bait, $ ; supplies, $ ;

I pr, ? ; other exin:uditures and repairs, $ .

Number of times t ntering foreign ports for shelter, repairs, bait, or supplies during

period covered by Imt papers, .

Port of ,

— , 188-.

1 certify that the above information was obtained as prescribed by the circular of
I the Treasury Departraej^t dated DeQember 16, 1885.

Collector of Cuatoma.

No. 2.

lU. S. Commission of FialLOud Fisheries. Spencor F. Boird, Commissioner.]

Washington, D. C, December 29, 1886.

„ "' deferring to your letter of the 16th instant, asking for information regarding

^^1 fisheries of New England and of British North Ameridti, I take pleasure in

• 'iDg herewith answers to the various questions propounded, with the exception

ithp^v"^ I '^ '•^'P> which asks for the total tonnage of American vessels employed in

|M .North Atlantic fisheries in 1866, the total number of men thereon, and tho total

556

AMERICAN FISnERIES.

value of their catch. The comi)ilatiou8 necesaary for intelligent estimates ir
nwer to this question are nearly completed, and the results will bo lorwaidedatthti
earliest practicable moment.
Very rospecU'uUy yours,

SPENCER F. BAIRD,

_ _, -, Commmioner.

Hon. Danikl Manning,

Secretary of the 'JYeasury.

No. 3.

3

u

Question 1. "What do you estimate to have been the value of the products of the

British North American fisheries for 1885?"

The Canadian fisheries in 1885, as shown in detail by the accompanying tables
furnished occasional or continuous employment to 59,493 persons, with 1,177 vessels
and 88,472 boats. The value of these, together with that of the other apparatus ami
capital, including shore property, gives a total of $G,(>97,459 employed in the fislieriei
industries, with a total value of products amounting to |17,72:;J,973.18. Tbotiilies
from which the summary is obtained have been compiled from the annual report ol
the Department of Fisheries, Dominion of Canada, for the year 1885.

In using tho fli^ures it. should be remembered that the tables include not only the
commercial lisheries, but also the persons, apparatus, and capital employed in flshiiig
for local snpply ; and probably a large number who lish only to furnish food for their
own families. This class, owing to the lack of manufacturing interests and the char-
acter of tho soil, composes in many l-»calitioB u largo part of tho population.

^

IS

0

e

n

s

a
t

a

: &

^

t

s

i

1

:

•3

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5

1.

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£

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c

3

?

H

a

«

A

*.

g

tt

0

■S

«

;

5

V

0'

^

AMERICAN FISHERIES.

557

mates ir. an-
vnirted at tbe

5AIRD,

iifiwissioner.

redacts of the

inying tables.
h 1,177 vessels
apiJaratus ami
in lUe flsheriei
H. The tallies
una) report ol

le not only tin-
oyed in flsliiiig
li'food for their
8 and the char-
iatiun.

2

I

i

^ 5

t S

'3 fe

^1 i

3

C £ X V

asssrJS

bot-H CO woo

(8 if ■

S.S S « 2 «

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ift ?e OS X'^ o

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»o>i-- — ci^

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ro'iji'i-Tsf—"

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558

AMERICAN FISHERIES.

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• ■«>,

AMEBICAN FISHERTSS.

559

58S

.83;

:§;

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......

560

AMERICAN FISHERIES.

P

hi

p.-
m

n

Quention 2. "Wlmt uro tho descriptions of the IIhIi— in oonseqnonco of tlienreH»t I
hahitH of tho ttnh, tho prt'8t>nt nii'iiuMls of oatohinn, drvinfj, rurnif;, nnd \\rmn-
injj — Aiiu'rican tinhornion tloMiro to tiiko oitbur in tlio jiiriHdJciioiiiil of watersof i
HritiHli North Ainoricii, or in tho opon seu or open baj'H noar tho liritisb tdlniiiii

pOMHPHNifmsT"

Prior to, and during tho (IrHi half of t he prowHit contnry, many of thf Now Enilinj
vesHols oiifjajifd in tho oIlHhoro tod (ih >iio8, boini? of Huniil hIzo, found it ilwiirable
to Hsh in tho vicinity of tho nhoro, whc i thoy couhl nnvko a hurhor in t^asoofnevtrt
Btorms. Owing to tlioir mnall tonuugo, thoy found it dillioult, to carry Niitlicicntnnaa-
titioa of codflHh tn nniko a trip to tho inoro distant tlNliing gronii(ii4 ])rolitnbli' and
many of thorn Coiind it desirahlo to lan<l and dry their Huh upon tho hhorog, tliiiscD*-
hling tlioin to bring homo a ninoh huvror ({uautity is a result of tho voyaijo. At that I
time tho majority of the tlsh wore ix ported to ^ 'in and tho West inuics, aud tin
methods which our lnhernion found it nocessary m adopt in drying their tisli ontlu
provincial shoros made them especially udaptod for thcw* markets.

Since 1850 tho small vessels engaged lu tiif oflTsiioro tisherii^s have been Kraduallr
replaced by larger ones, ami thus the privih^go of fishin>; for cod in tho vicinity nf thi i
shore has l)ocouio loss important, and as the codllsh arc more abundant on tlm offshore
Banks, twenty to two Inindn 1 miles iVoiu land, vesstds engaged in thin tiHlicrynou
prefer to visit these localities; and titoyhavo been doing so, with compinatiTelj I
few exctptions, for tho past tifteen or twenty years. Tho catch of these vchscIs, in-
stead of being exported, is now to a great extent consumed in thi-' country, and out
market at present calls for tish cured m a ditlerent way, so that t h priviji'jrc <,( dry.
ing and ciuing fish on Canadian soil, now that tho vessels are large enough to n i«lilj
carry the iindried fish, is no longer of any advantage whatevt^r to our tiHiioriiion.

Formerly vessels employed in tho mackerel lisherios wito provided only with hand-
lines, and tho crows caught the tlsh from tho vessel's deck. When fishing in this wsy
they found it desirable to grind up fish and clams, which they threw in Ifirjre quanti-
ties into the water to attract tho mackerel and keep thoni in the vicinity of the veiwel.
The beet resnlts were then obtained by fishing in shoal water, as the bait throwii
overboard could not sink to any great doi)tli, and the entire body of li-tli wcrethni
kept near tho surface, whore they wore within icfich of tho liook and Iiui\ Aboni
1865 purse-seines were introduced for the capture of mackirol, and in a few years they
came to be generally ado|)ted by vessels employed in the mackerel fishery. These ant
fished to best advantage at some distance from tho shore, and tho lishernicu usiiallj
avoid shoal water, as the seines are liable to l)o ruined when set in depths where ilii-
It ad-lines may chance to come in contact with the bottom.

During earlier years the halibut fishery in tho vicinity of i>rovincial shores wasof
some slight importance to the American fishernien, but this has been couliued wholly
to deep water, many miles from land, since 187.'j.

The shore herring fisheries, and the occasional capture of certain species for bait,
vere also at one tiuio of value to fishermen from the United States; but (such ad"-
tided opposition on the part of tho resident Provincial tisherraen was manifest to the
exercise of the privilege of taking fish, accorded by the treaty of Wasbin};tou,thai
the practice of catching their own supply was practically abandoned, and the fiihiT-
inen have almost without exception, since tho woll-known difficulty at Fortune Bay,
Kowfoundland, about ten years ago, purchased their cargoes of herring from the local
fishermen, and, where these had no suitable apparatus for obtainins saiiie, havewr-
ried their own apparatus and hired tho provincial fishermen to tnanipnlafo it.

The mackerel is, then, the only species of any importance visiting Provincial waters
^•hich Aiuerican fishermen at present desire to catch within three miles of the shore,
or indeed within a much greater distance. This is practically tho only Provincial
Bliore fishery in which our fishermen have had any considerable interest since \h
ratification of the treaty of Washington, as the great majority of our vessels em-
l>loyed in other fisheries on the banks off the Provincial coast seldom fish nearer than
twenty-five or thirty miles from laud, and a majority of them secure their cargoM
from one to two hundred miles from shore.

At the present time the advantage to be derived from any privilege of fishing within
three miles of the Canadian coasts even for mackerel is comparatively insignificant,
as the results of the season ^"hich has just closed show conclusively that ourvesseli
■which L.ive fished whollj^ ontslde of the three-mile limit have done fully as well ai
the Canadian vessels, which have had the op jortunity of fishing everywhere, withoni
restriction as to distance from shore. ' .

Question 3. In the method of fishing on that open sea, or in those open bays, of

preserving tho catch and sending it to our ports for a market now desirable for oat

Ameri n fishermen, of what importance is the right to enter, in a commercial way,

British ;olonial ports in the neighborhood t , ,

The nature of the occupation of fishing, when the size of the vessel is considerea
renders it impossible for a fishing vessel to provide against all contiugencies,
leaving the home ports the vessels are ordinarily provided with what is snr" "■

On]

AMERICAN FIMHKKIEa

r,(\\

1 fiill outfit of pruvinioiiH iiinl a]>piir)itiiH, liul, ii Hciircit'.v '•( rtsh may tenilor it dc-

■m! '(■ ilirtt it HlKiiililiiiiimlM on fho Hsliiiijr-j;rmiiMl« lonj{«*r tliiiii wnn I'xpcrti'd, or it

Lv be di'liVV'' ''V lifttd windH, Htonns, or lloatiii^f ii;«, until tlie Hnjiply of jnovisioin

rwattT JH t'xl>;iiist<!(l. It tlicn l>cciMn<!s coiiv<Miiflnt, in order to pn-vont nctual

bfcrinL', timt ll><< '.'<'HS(d Nlioiild rrial<n ii Iiiirl)or nnd obtain additional c|nantiti('H.

ulancfH liiivn occurred dnrinK tlio proHniit yoar wlion voshoIh nhort of provisions

vf atlomptfld to reach otio of onr own ports to obtain a snjjply ratluir than incur

^fijl(,ifnfliziiro by cnteriiiR thoHO of Canada for that j)nrpo,so.

I \L';iiu, iKirtioiiN ot" the vpsHiil's <>»inipniojit, Hncb as aiudiors, rabl«>H, flsh'ng boata,
'uiij,i|iiiijtii!tof <'aptiir(>, arc liablnto be Io8tdnriii<jHtormy woalhor, and it is n jjroat
bvfiiit'iico to be able to purrhaHo new material in tiie nearest provincial port rather
Ian to incur t lie loss which must be sustained, ])rovided the vessel is obliged to return
n \ra('i'i('an murkets to purchase same. This is trne both in the iistu>ries carried ou
ifjr till' land and also in those on the more distant tishinp grounds. This season
Lchincoiivcnii <■<' was experienced by nuniy of the vessels enj;aKed in the mackerel
blifnficni tlie t. ,. > iiijj of their Helnes and the loss of their seine boats in heavy we itiier,
(tinito llie rt'fiisiil of certain Canadian ofKlcials to allow them to land their soinesfor
lirposp* of repair or to bny new boats for eonMnnuiK their lishinpiopt'rationH. Many
(them were provided with two boats and some carried two seinoH to pnard against
liciiciiiitinueiicii's, but in a immbcr of cases vessels so ecjnipped weroe(iually incou-
Wenml with the others.

JThf "iilyopc'iNien that vessels would liavo for entering the harbor, dun to the methods
^nti'i>f:viiiK ''"''' would be for tlii', purpose of obi aiuin(» either salt, barndsor ice. It
Imetiims happens that the salt is dama;;ed by a leak in the vess(d, or that a doten-
lonlii'Yiind tlie expected time causes the melting of tlie ice, and it is important that
Jiirlisiii'niii'n hlinuld be permitted to purchase additional ijnant ities in Canadian ports,
LlbT lliiiii run the risk of losin;^ the entire cargo <>f fish or of returning with only a
Hfliiltiip. Tin' iireseut interpretation given to the treaty of 1818 by the Canadian
btlmrilics, wliilo it might allow a leaking vessel to enter a port for repairs, -would
Ct allow it to replace the salt that might have been rendered worthless by the leak.
JTlic privili')j;(! of lauding cargoes of lisb at provincial j)ort8 for shijjnu'ut to the
iDitfd StatcH is of considerable importance to vessels engaged in the macken;! fishery,
lutcfli'tle value to those employed in the cajiture of other species. Vessels are
fciisfr,;i li'd to land trips for shipnmnt and to immediately resume their lishing
mtimis, MiiiH saving the two to four weeks necessary for making the liouiewara
tdrftiini passage; but with the privilege of transshipjiing cargoes should be coupled
latof rclitting at the port where the iihh are landed, otherwise the vessel might be
lortiif \ruvi8ioiis or apparatus, which would rend<T it impos8il)Io for it to continue
• lisliiiii; operations.

[Mostnf th.T vessels from Gloucester, Mass., engaged in the offshore cod fisheries
Vt« niiiili' a practice of obtaining fresh bait in ])rovincial itorts; but a majority of
!l9 similarly einploye<l from other places carry salt bait, thus being entirely in-
[([Kiidciif of the Canadian supply. The chief differenco between the two classes is
lattlieGloncrhter vessels iisli -with trawls, while the crews of most of the other
(sselseiitch their fish with hand-lines. It is claimed by certain of the Gloucester
fcettliat llicy get more and larger lish by the use of fresh bait, but the fishermen
kiiiliir ports have found their own methods profitable and have not felt disposed
bfnlloff (llonpcster's examjilo even wlicu they had free access to Canadian ports for
le purpose of oittainiiig bait.

lAl'ew of the vessel-owuers in Gloucr ster have long maintained that the time lost
1 going to and from Provincial porta to secure bait, and the temporary demorali-
klioii of the crews resulting from a visit to these porta more than offset any ad-
Wtagis that are to he derived by the use of fresh bait, and urge that salt bait
lonld be foniid, ou the whole, more j> ofitablo; but as a considerable percentage of
lenica omployod on the vessels have families or relatives in the Provinces they have
ptiniKdto urge u])on the owners the necessity of obtaining bait in these localities,
Wit Las 1)0811 diftieult to dissuade them. After the experience of the present year
Jiitcaniinilier of other Gloucester owners and fishermen as well are convinced that
jisoD the whole better to substitnto salt bait than to continue the old practice of
Fi"o'tlie Blinks in the midst of the fishing season to obtain other kinds in the Pror-
!«■ Tliat this opinion is shared by the Nova Scotia fishermen is proven by the fact
ptlorbonie years they have been in the habit of purchasing large quantities of salt
lamifiom dealers at Portland and other towns in the State of Maine to bo used by
pfoiintliecod-fishcries.
I^iocc the introduction of the purse-seine the mackerel fishermen have required no

[Intho liiilibut fishery it is only necessary to take a suflicient quantity to last one
FtKO days, as the remainder of the catch can be obtained on refuse fish taken on
ptra\yU with the halibut, or, if necessary, small halibut can bo cut up and used

'fbaiting the hooks. • .

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WEBSTER, N.Y. 14580

(716) 872-4503

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5G2

AMEEICAN FISHERIES.

In tho past the cod-flshermen frequenting Georges Banks have at certain sea
of tho year obtained their bait from Canadian ports, but the experience of the ir"
ent year lias proven that they are not dependent upon them, as most of the ve spI
have obtained their supply on our own coast with comparatively little ditficulty a I
frequently with less loss of time than was customary when visiting localities iuV
Brunswick and Nova Scctia. ' '

I fc will tlius be a^ien that, though the privilege of obtaining bait and the ice iiecessarv
for preserving it in British North American ports has been ?n tho past and niavtvw
siiill be considered a convenience t« ctirtaJ.w classes of vessels, it is not of vital im.
portauee.

The agitation of the question of bait supply haa had a very beatficial iufljeuM
upon our own fishermen, and has resulted in the development of extensive 8liore kit
fisheries aloug the coasts of Maine and Massachusetts, which give prorjiige of being
able to supply in large part, if not wholly, tho demands of our entire lifeet. Durin?
the past summer the experiment of shipping bait to Boston from tbe more remote
localities on the coast of Maine has been made with success, and the costof trani-i
po-.tiition is not high euough to be a barrier to tho continuance of the biisiU
If this practice increases, as at present seems probable, it will doubtless resiili in i
great saving of time to our fleet, which has often in tho past beer, seriously

uifon-i

venienced in its fishing operations, owing to the time consumed in sai li 11(5 from portj
to port in search of a supply. The Uu' ted btat^s Fith Coi'imission has receutly beinmi
a series of experiments with a view to determining the practicability of ineserraj
fresh bait long enough to admit of its shipment from Now Ei;slan(l ports to tiieileetl
dshing on the more distant banks, but the work is not yet sufficiently advauceil lol
warrant an opinion as to the probable result.
Question 4. "The same question in regard to the fishing on the permitted coasts.

and the commercial entry in the prohibited bays and harbors, but not tor lisliinn

There is at present comparatively littk fishing by American vessels on that iiortioi
of tho coast to which free access is given by the treaty of 1818 ; but vessels lislmigiU
that vicinity should have the san.j privileges in other ports as are accorded tuottej
vessels, as it would seem nnwiseto discriminate, and it would, pcihaiis, owiujr totU
few Battlements of any importance on the permitted coast, bo more couvenlentfM
the vessels to enter ports in the prohibited districts to purchase the necessary articis
than to go out of their way in an opposite direction, where there might be any 0^
certainty of securing them.
Question 5. "What is your estimate of the total tonnage of the American vessel^

the number of fishermen thereon, engaged in the Canadian and North Atlantic li

eries in 1386, and the total value of their catch ?"

A careful estimate of the extent and importance of our New England vessel &ij
eries, indicates that during the present year theie have been 1,95G vessels, aggregj
ting 115, 130 tons, with crews numbering 17,996 men employed in the various seafisheriM
The fleet is estimated to have been divided as follows: 1,5^)0 vesjels iu thefooi'l
fisheries, 215 in the shell-ilsh and lobster fisheries, 177 in the capture of whales anj
seals, and 34 in the menhaden fishery.

The 1,530 food-fish vessels aggroguted 71,200 tons, and furni. bed employment t
14,240 men. The vessels, with their equipment, were valued at nearly $5,000,000, an
their catch is estimated to have sold at prices to fishermen for |4, 590,000. Ofthl
fleet 350 sail were engaged in the oir-shore mackerel fisheries, 200 in the cod fisheii
on Quersan, Grand, and Western Banks, 165 others in the cod fisheries of Georgc'sM
Brown's Banks, and the remaining 750 in the miscellaneous shore and off-shore £il
eries. I

The off-shore mackerel vessels are the only ones that have engaged to any extent!
catching fish in the vicinity of waters under British jurisdiction. Of this fleet, aba
one-halt, or possibly a slightly larger percentage, have fished in the Gulf of St. Laj
rence during a portion of the mackerel season, the remainder of these vessels harii
remained oft our own coast. J

Below are given two tables, showing in detail the extent and character of oiirNj
England vessel fisheries in 18d6. The figJires as there explained are estiuiatcjl W
partial statistics furnished by collectors of customs on Treasury circular No, (kl,P
reau of Navigation, and from special, bnt as yet unfinished, investigation liy t
United States Fish Commission. The statemant in both tables are therefore subj^
to revision ; but, as due allowance has been made for the siatisMcs not yet recem
it is believed the totals will not be materially changed by the final compilations

AMERICAN FISHERIES.

563

iaeficial iiifliieoMJ
tensive shore bait!
1 proijiise of beinjj
ire iJcet. Duringl
tli(! more remote]
the cost of trans-]
;e of the business. !
lubtless result in ii
er. seriously intonj
a siiilinj; from port
has recently ufgiui|
lility of iiri'serviDif
d ports to the fleel
iently advauceilta

I permitted coiistiJ
•ut not tor tisliinn
jels on that jmrtioi
at vessels tiahingiJ
re aeeorded to oiW
;hap», owiujr tothJ
lore couvenieiit for
16 necessary artici«i
e might be any m

e Americau vessels
North Atlantic isM

England veiiecl fisbj
I5G vessels, aggregi"
various sea fisheriei
jels in the fooil-l
ituroof whales aiil

r hk estimating hy fishwies the total number, tonnage, and value of New England veteeU
rinloyed in the North Atlantio food-finh fiaheriea in 1886, with the number of men and
'■akeof apparatus and outfit on same, and the total value of their catch.

rrkMB Mtimatcs are based upon partial retams from collectors of cuatoms on Treasury Circnlar No.
'^83 current series, and upon special investigations by the United States Fish Commission.]

Fisherien.

Ofthore mackerel fisheries •--••---
Codisheries on Qa<jreau, Grand,

t;d Western Banks.....

Coilttsheriei' on Georges and

Brown's Banks......

Ofiliore halibut flshories . .........

ilisodlaneons shore and offshore

toher'es

Total -,

llumber.

350

200

163
65

7S0

1,630

Tonnage.

30, 000

16,500

10,000
5,000

9,700

71,200

Value.

$1,325,000

765, 000

640,000
400, 000

430, 000

3,560,000

Value of
apparatus
and outfit

$520, 000

330, 000

200, 000
IIO.'OOO

260, 000

1, 420, 000

Number

of

men.

5,500

2,800

2,000
900

3,040

14,240

Value of
catch.

$875,000

990, 000

8,')0, 000
750, 000

1,125,000

4, 590, 000

i(rotl to any extent!

° Of this fleet, abol
the Gulf of St. Uj

these vessels havi

564

AMERICAN FISHEEIE8.

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3

AMERICAN FISHERIES.

5G5

Onestion 6. " What change has, in your view, come to American fisheiies since the
last fall ye*r ^^ *^® Washington treaty in regard the character, quantity, and gen-
eral features of that industi^ t"

There has heen little change in the fisheries other than the mackerel fishery during
the past year. In this fishery the scarcity of mackerel has been very marked and the
catch has been much below that of the average year. The decrease, however, can be
ja no way attributed to the abrogation of the treaty of Washington, but must rather
ie accounted for by natural causes which have aflfected the abundance, movements,
and locality of the species.

For several years prior to 1886 mackerel appeared in more than average quantities,
aod for eight or ten years, ending with 1885, they have been much more plentiful on
our own coast than on any portion of that of British North America. For this
reason the fleet of American mackerel vessels visiting waters in the vicinity of British
territory has of late been very small. In 1885, out of a total of about 380,000 barrels
caught by our fleet, only 26,000 barrels, or loss than seven per cent., were taken in the
vicinity of Canada, the quantity obtained within .'ho three-mile limit being only 3,564
barrels. The fact that, during a season when permission had been given to allow Amer-
ican Vessels tofish anywhere in the waters of British North America without restriction
as to distance from snore, less than one per cent, of the catch of our mackerel fleet
MSBecured within three miles of British territory, and that more than ninety Ihree
per cent, of the total catch of mackerel was obtained \n the vicinity of our own
coast, is certainly significant.

During the present year mackerel have been peculiarly jcarce in all localities,
tliough for the first time in eight or ten years they have been more abundant in the
I Gulf of St. Lawrence than oft" the New England coast, and a lar^e percentage of the
American vessels employed in the fishery have visited that locality. The catch has,
uarnle, been unusually small, but the price has increased in proportion, so that the
season for some of the vessels has not been wholly unprofitable. The limited catch
I cannot in any way be accounted for by the restrictions placed upon our vessels within
) thrco-mile limit, for their catch, as previously stated, has been eqnal to that of
[ tlie Canadian vessels that fished without restriction as to distance from the shore.

The vessels engaged in the cod- fishery have met with more than avera^B success.
[ibis is partially attributed to the fact that the squid, used for bait, have been very
I plenty during the summer and fall months on the fishing groui. Ts. It has not un-
I frequently occurred that vessels have sailed without any bait, depending upon the
[stpplythat they could catch on the Banks upwards of a hundred miles from shore.
JQnestion?. "Your Commission has, in ita annual reports, alJ'ided to the diminished
necessity on the part of American fishermen to go to British North American port*
or waters for bait. What are the new features of that necessity f "
A few years ago the United States Fish C\)mmi88ion obtained frora Norway a num
Iber of gill-nets suitable for catching codliah, and used them with success in the cod
Ifisheries about Gloucester, Mass. Similar nets are now made in this country, and
\m extensively employed by the shore cod-fishermen of that vicinity, who obtain
l\ap catches by their use. These fishermen formerly depended in large part for their
lliait upon frozen herring, brought from New Brunswick and Newfoundland, but where
Mnets are used bait is no longer reouired. Thus lar, however, gill-nets have not
jbeenextensively employed in the capture of codfish on tho more distant fishing Banks.
The development of our shore bait fisheries, re forved to in answer to a previous
jqatstion, also renders our people less dependent upon the Provincial supply, and the
Toffing sentiment upon the part of certain Gloucester owners in favor of substituting
lit clams purchased in American markets for fresh bait obtained in the Provinces,
iems destined to decrease still further our dependence upon the Canadian snpply.
icanuot bedeuied, however, that there are still a large number of vessels that would
lonsider it a convenience to obtain bait in tho Provinces, provided commercial privi-
iges, nndor proper restrictions, are accoriled to our vessels.

(jnestiou 8. "Your Commission has also alluded to inquiries presented by it in respect
to the general vahio of the inshore Canadian waters to American fishermen, and
tlie yearly value of tho liberties given to American fishermen by the WashinKtou
treaty. H.ive you ascertained now facts of public interest in that regard which
you can conveniently communicate to mo!"

Iiic decreased importance to American vessels of the inshore Canadian fisheries has
lesnltort—

Jl) From tho increased size of our vessels, which did away with the J>ecos8ity of

Ming close to land, where harbor could be made in case of storms, and of landing

B the vicinity of the fishing grounds to dry their fish before sailing for home ;

I wirom the substitution of the purse-seine for the hand-lines in tho capture of

paclieiel, which has necessitated the fishing in deeper water and at a greater dis-

^Dce from shore ; and

1 (3) horn the change in the location of the mackerel fisheries, which has for the

i»«ttew years enabled our vessels to obtain full cargoes in the vicinity of our own

-V 'I'

566

AMERICAN FISHEBIES.

coast, instead of going to the Gulf of St. Lawrence, where they formerly met rith
better success, but where of late years — prior to the present season— thoy have fonmi
fishing unsatisfactory.

This recent return of the mackerel to the more northern waters should, bowew
not be considered as indicating a permanent change in the location of the fishery for
within a short time, and possibly next season, tney may again appear in greater
abundance on our own coast; and, indeed, the study of the movomenta of other fishes
renders it not wholly improbable that mackerel ciay at no distant day disappear en-
tirely from the Gulf of St. Lawrence and from other portions of the Provincial shores
■where they are now abundant. '

' ', "'_■ No. 4.

J..R. L.] Treasury Department, Decenifier 30, 1886.

Sir: In reply to your request of the 28th instant, in which you desire to be informed

of "the value of ifierchandise sent during the last fiscal year m 6ond— (1) thiongh '

any port of the United States to the British North American Provinces; (2)ofiner. !

chandise sent iu bond from one of our ports to another over territory of the Britigji j

North American Provinces ; or (3) sent in bond through any of those Provinces to the |

United States," I have the honor to report :

(1) That the statistics, compiled for the last fiscal year, show the transit
of dutiable uiorchaudise to British North American Provinces amount-
ing in viiluo to $18,556,:63|

And also of non-dutirble merchandise amounting to 1,684,;

Making a total ot 20,241,W9J

This represents merchandise arriving at United States seaports en route to Cana<li,l
and also merchandise arriving at frontier ports for shipment across the territory of]
the United States to other frontier ports. ' j

The report of the Bureau of Statistics shows $20,241,079 worth of " transit" mer- 1
chandise shipped (o British American Provinces, and besides $10,861,020 worth of!
" in tran.s:t " merchandise received /rom the British American Provinces. What proj
portion of the latter amount was simply transported across United States territorytoj
another Canadian port does not appear. It is probable, though, that t^e greater]
portion of it was transported to our seaports for shipment to foreign connfflos.

In reply to your second and third questions, I have to state that in the absence on
any data to be found in the records of the Department the annexed telegram was sentj
to the collectors at the various frontier ports therein named, and from their replies!^
appears that no suflBcient records of such matters have been kept to enable them t(^
give satisfactory reports in all cases.

The collectors at Portland and Susjiension Bridge alone give any values in responsi
to the second interrogatory (viz, f 960,284 at Portland, and $1,414 at Suspension BridgeJ
while the collectors at Suspension Bridge and Burlington are the only ones failing tw
report as to the third question, the others reporting as follows:

Plattsburg - $3",49|

Portland 1.8

Detroit 1*5,(

Bufialo 41

Port Huron I.IW,"

Total l,408,i

I may state, however, in explanation of the incompleteness of these reports, tba
under the regulations of the Department, merchandise of domestic origin, andirf
portecl merchandise in bond in transit from one port in the United States to moAt
by bonded roufes through the Dominion of Canada, are allowed to go forwara (
sealed cars without special bond or any record of values being kept, and on arriTl
at the second port, if the se.Js are found intact and the provisions of tho rcgnlatioj
in other respects have been duly complied with, are permitted to go forward totir
destination without, hiirdcraucc, no record of values being deemed necessary at tW
port or any further formality than the due inspection of the seals and compansonj
tho conteiifs of the cars with the manifests. j

Respecting merchandise covered by your third inquiry, that is, sent in bondturoiil
aay of tho British Provinces to the United States, it would appear that the ctistoj
officials at tho frontier ports can have but little means of ascertaining how them*

AMERICAN FISHERIES.

5G7

fkandiso passed tlirough tbo foreign territory; their duties commencing witli the ar-
ivalof the i^oods at their several ports. I suggest, therefore, that l.heir telegraphic
renlies made at such short notice, be acrepte«l with caution, although no leason is
known' at this time for dot ' ting their accuracy.
Very respectfully,

^ J. G. MACGREGOR,

Chief Customs Division.

The SECRETARY OF THE THEAStJUY.

No. 5.

Treasury Department, Bureau of Statistics,

Ifashingion. I>. C, January!, 1887.
fHon. Daniel MANNiro,

Secretary of th( Treasury.

Sir ; In reply to yours of the 28th ultimo, I hava the honor to forward to yon tables

1 (howin" the quantities and values of forcign-canght fish imported into the United

i States ?rom the British North American Possessions, other than British Colombia :

aleo showing the quantities and values of the flsh brought into each port of the United

i States in Aiuercau and foreign vessels, respectively.

Table No. 1 shows such imports of fish in American vessels and in foreign vessels,
I respectively.

; Tabic No. 2 shows the aggregate imports of each kind of fish brought by all means
I of traDRportatiou, to-wit : in American \ ossels, in foreign vessels, and in cars.
From these tables it; appears that the value ol fish imported into the United States
from the British North American pos-sessions, other than British Colombia, was aa
I follows:

In foreign vessels : ' r ' ■ .-. ; . ■; ,,

I Intouorlheru 'lorder districts $89,654

I Into Atlantic districts 1, 093, 820

Total in foreign veSsols 1, 183,474

la American vessels:

I Into northern border districts 1 .15, 481

[Into Atlantic districts ;Vi3,210

Total in American vessels 508,691

I Totalia American and foreign vessels l,69iJ, i65

[Brcnghtiacars 482,577

Grand total 2,174,742

Very respectfully,

WM F. SWITZLER,
■/>; 1. Chief of Bureau.

.■ ■*

5(38

AMERICAN fisheries-

No. 1. — Statement showing the quantitieH and values of fixh imported info tlir Uniied Stafn

and A III (Ti can reKKcln, mjuciiiely,
IIMPORTED IN FOKEIGN VESSELS.

FUKB

OP DUTY.

1
1

1

Customa districts.

Fresh.

Lob.

stei-M,

All

!

Tol.1

Salmon.

All other.

or 1)10. ""'"•
servcil.

free of
tlnty, 1

[

ROBTHBIIX BOnOKK DISTIllCTS.
Cane Vincunt. N. T

Poundt.

Dollars.

Ponndii.
1, 073, 4U0

1

Dollam. ' Dnllam. DoUari.
42,006

i

nhimiro III . ...

4.', %,

Dfitroif Mich

19,715
5'tU, 000
140, 055
118,995

280

T)iilnth Minn

1 352

»

Genesee. N. Y. . . ,

5,9.")0 '..' '!!."."!.■"

2,08»: 1.C5U

1,3JJ

Miami, Ohio

M^iflliifran Mich............

230, 508

5,298

■

03wo*^iit(;lii(\ N. Y

Oaweiio. N. Y

5(10
118,500

20
2, 900

;.9i«)

Total

f

1, 741, 603

61.750 1 U.IO

ATLANTIC DISTRICTS.

BaltimoTP, M<1

BarnstaWc, MaBs

C(»Bton and Charlestown, Mass

44, 555

0 930 IU3. nil

10 0891 '>!! Klin ')n iTo

Qlonroster. MasH ............'

^98,0(10
1, 200

2,C14
50

)

■:,6iil

MarWoliead, Mass

■*

Newbnrviiort, Mags

Hew Yoi'lf. N. Y

ioo

733, 942

io

7n:i'nnh

10,' 232
14,028

"oi,oii"2,'jr

14,147 :',7J4

T^aAfinnifi<ino(U1v Mtj. ^....a.........

72, 59u' fi<>n .i.',4

Kli Jl!! 1

Pliiladelpliia, I'a

97,847, 3,801

101 fki

Portaiuciith. N. H

40, 000

480

4i(^l

1

1

Waldoboro' Mo

3,518

103

i 1 n.i!i

1 i:iii

2U0

'.'itil

Total

778. 597

79,538] 2,705,182

45, 390

20J,814 31), sen; 367,25.

778, 597

79, 530i A.5:tfi fU.I

107, 152

204,404 39.506i430,6S

i

'

;: ; , • ' IMPORTED IN AMERICAN VESSELS.

NOKTHKHS BORDEB DISTRICTS.
Chicniro 111

f iiivalioti'fti Ohio ..,..

109, 821

1, 817, 366

240, 730

78, 600

43, 680

20, 500

992,881

2,110,000

1,841
48, 130
0,766
1,808
1 473

I f\

DfiVroifc Mich

48 \jM

Dnlnth. Minn

D;fi9

i,mI

Oawe^iatrhie, N. Y

OftWftiro N. Y

t JTM

1 407

lllffl

24, 025
19, 392

24,H-V

ig^xfl

Total

5,485,584

104,962; : iJW-^

ATLANTIC DISTRICTS.

Baltimore, Mil

Boston and Charlestown, Mass

frloiii^fstcr Mass ............ ...... ....

' '76,'466

""6,'963

•

" '205," 474
115, 000

' 6,8.31
5,818

1

'li3,580 "21,'603
1

i4f,9l!
5,tt

MachiiiH. Mo......................... ...

::. ..

1

Now York. N. Y

75, 000

70,150

80, 022

100, 000

] ioo' 10.557

17, 6^

1, 127
? 13'{

iM

PaRflaninnuoiUlv'.. Mo ................ ...

104, 848

10, 370

9. k\\ 393

mm

Fbiladelptiia, Pa

■755|...:::::| "m

1

Total

181,248

17,273 742,246

17,763j 13^158

21,990

AfiroreEratB

181,248| 17,2/3| 0,227,830

122,725

132,158 21,990

Total foreign and American vessels. .

959, 845

90, 809 10, 704, 675

229, 877

336, 622

61,602

""i5,'ooo

D

Si'ooo

::::;::: ;::

21,0001

»0,400
itll«7,632

672

lie

»I8

I,K1,245

680,100

131
12

....

3.'2

36,680

1,(

.. . .

....

30

AMERICAN FISHERIES.

569

Vnilcd SkUi
8, respcciireli/,

frtm tht British North American Posaeasions, other than Brilith Columbia, in Foreign

itring the year ending June 30, 1886.

IMPORTED IN FOREIGN VESSELS.

All
other.

Total
fi te lit
iliitj.

. Dnliari. JhUan,
.1 1 HM

4,ra

'"'5,'';m

.■■"'. - j »

' :,9w)

oO .| W,<«0

1

00 !i9,472

•;6H

'A

ail "2,':4"

147 a,7J4

u;,).'

847 3,801

101, CM

'.".. i,03J
20C

i.i;»:

814 39,50(1', 3CT,25»'
4C4"~39,50«;4aO,C;j

DUTIABLB.

Cod, hadflock,
hjkftand pollock, .
dried, sraoketl,
or pickled.

Herring.

Dried or
Btnokod.

fmtidi,

j
DoUari., Foundt.

15,000

6,000

563 .

180

21,000 743

8)6,400
S,«i7,632

C72

65, 560
2,151

DolU.

Pickled or
salted.

Miiokerol,
pirkled.

£bls.

86
110

1,457 1,436
98

67, 711 1, 655

848

5,063
110,769 2,361,715 50,332

948
i,eU45

e»,ioo

322

m

20

131,030

12,602

29

300

17

1,649

610

23, 108

310,623 6.659 10,207
1,950,779 23,939 683

400

m, 155] 269, 022 4, 630, 065; 79, 848

Iit69,135

269,765 4,697,776 81,401

1,015

36,232

37,881

DoUs.

BUl.

359 412
648

8,076

70

4,053

1,£

79, 334

20,276
1,539

6,102

455

867

DolU.

8,934
"2,'389

Salnuon,
piokled.

BhU. [ DoUt.

6, 323

10

20, 415

3

12, 542

1,044

45

2,485

60

123,397

15

64,228

8,085

225

3,700

114,240 36,544189,700

119,193 37,411196,023 3,625 38,

15! 134

1,380 18,340

2,149
81

3,625

21, 681
933

38,988

All
other.

Total
duti-
able.

DoOi. DoUi.
666 666
4, 8.'>6
682
212

• 34
212

10,603 18,606
98
25
90

1,114 1,114

12, 674

26,248

2,179
5,063
9, 012 390, 084

6
21 56
14, 043 253, 317
10.750 57,757
225
5,102
4
3,700
3
66

37

84,772 720.668

47,446 752,816

Akkto-
gate.

Dollart.

43, K)3

4,858

868

1,564

5,050

23,239

08

6,333

90

20

4,014

^9,654

2.170

5,063

479, 290

2,614

50

6

66

329, 813

162,. 17ft

225

100, 753

484

3, 700

1,189

266

1,093,820

1, 183, 474

l,i
1,4;]

! 24,0.'if
: 19,3

i 104.8

58o"2i;m,'wf.j}|

S5'i

021

158

" . l'.«l
■393 1*.'

21,996:jS9^

W8j^2'53,
^2Tl,"i'21^

IMPORTED IN AMERICAN VESSELS.

30,680

1,038

1,265

."5. 9.5S

216

930

45

7,271

7,271
1,841

.....-■

4oi i, i62

32, 979
145
665

34, 141

145

665

2

82 271

0,911
2,533
1 475

30

2

1,467
24 314

1

«

289
6 238

280
H nn(!

_

54,5, 260

2,708

•)7 308

'A'w

1,040

545,200

2,708

1,660

0,420

216 930

1 39,3(il 50,519

155, 481

1,088

2,609

236

3,299

8,056

057

"i,'075

"39»

"4,' 283

5 oon

3,299

2;)9, 088

42, 854

136,103
1129,093

4,058

74,710
55, ObO

002
1, 271

"i6,'595 63,469

i6,'659

90, 709

37, 03(i

13

0,719
10. 5,53

9,031

1.232 13

26 '""80

13

1*1, 232 f,.5<H

270

24, 376

«3.4;0 10, .553

17.680

113,342 2,OS4

325, 129

3,080

113

257

174 1. 348

14

156

1,798

24, .547
755

i429,47l

1

03,080

453, 819

6,162

4, 37a

13, 044

10, 789, 64, 837

412j 4,44U| 11,8.57 104.020

:)53, 210

it»,lK 64,120

1, 001, 079

8,930

6, 042

20,064

ll.OOJJ 65.767

412| 4,440 51,218 214,539

508, 691

,435,43-

333,885

5, 098, 855

1

90,331

43, 923

139. 257

48,410 201,790

4.037i 43,428 08,664967,3551,602,165

570

AMERICAN FISHERIES.

No. 2. — Statement ihowlng the quantitUe and valuea of foreign Jlah imported into the UMUi

'A* year tndinf

-, .

rBu or ui'TT.

1 III

dutoms dlatclota.

Fresh fish.

Lob-
•ters,
canned
or pre-
served.

AU
other.

"

Salmon.

All other.

NOBTHBRN BOBOBB DIBTBICT8.

ArooRtook, Mo

Pound*.
1,711

DolU.

177

Poundi.

24, 800

3, 903, 633

1, 063, 400

820, 781

DoUt.

178

128, 879

42,960

18,127

Dottt.

DoUt.

Dofii.

1

Boflhlo Creek, N.T.'.

128,3:8

*i.m

4Q,2iS
l,ffl7
l,8«l!

M,l»l;
8,11^
5,9J(|i

8, on:

5,298,'
16,404,
5,914

iia

19 ?>1

Cnpo Vincent, N. 7....... .....

Chaniplain, N. Y

Chicairo 111

276,871

28, 128

1,887
180

C^iivalio^fi Ohio .. ...............

19,800

io8

150,011
1, 902, 089

1,643
fi^ nn

Detroit, Mich

Snlutb. Mich

270,728' H.118

Genesee. N. Y .......................

147,205

252,018

2,161

230, 608

440, 083

147,850

43,686

30,005

2,115,999

1,111,081

127,411

6,950

8,427

08

6,208

16,404

6,014

1,473

1,487

19, 391

20, 924

10,335

Hnron Mich .........................

1,650

Miami, Obio

Michigan, Mich

Minnesota. Minn................. ....

Niagara, N.Y

Oswetrtitchie. N. Y ...................

Oswego NY

Superior, Mich ...«.•....•...•.....•.

26,9241
11 292

Vorniout, Vt..... ••...... •••.........

7,016

800

67

Total

805, 308

20,893

12,808,410

353, 123

8,784

886,300

ATLANTIC DI8TBICT8.

Baogor, Me -.

157,476

18,687

3, 583, 540

108, 660

226

167

127,610

Damntiihle. Masa ...... ..>...

Belfast, Me

200
51,075

200

Boston and C harleRtown, Maaa

120,056

13,839

1,238,485

915, 050

1,200

23,820

0, 241

60

140,889

229, 12J 1
9,241J 1

Machias, Mo ......................

50.1

Marbleheatl Mass ............. ..

1

1

NewlmrvBort Moaa - .....

1

New York, N. Y

100
838,790

10
82,960

778,099

692, 976

100, 000

70,150

ii,332

17,060

755

M27

80,6G8
16, 168

2,243
3,147

94,153

1

PasRaniaqiKiddv, Mo ...•......•.•...■

119,3351

PhilaiU'lpliia Ta

ll)2,77sl

97,847 3,804

Portsmouth* N. H

40, 000 480

4«

flainttTohn'R Fla

■Waldoboro', Me

3,518

103

1,033

1.13J

Total

1,117,322

115,390

7,423,018 172,028

335,198, 61,609

6M,^

Aeicreeate

1, 422, 720

144, 789

19, 731, 437

525,751

338,982 61.669

1,071,19J

1

AMERICAN FISHERIES.

571

into Ihe VnUd
the {/Mr «iuiiii|

Slattifrom the Britinh North An^rican Poaaeasions, other than Britiah Columbia, during

All
other.

ToUl
free of
dntj.

DoUt.

DOi. I

SSSI
128, 3:»
4'>,t6e.

40, 2U
1,887
1,611

55,191

8, UK

5,9J(>
8,0rfi

>^
5,298!
16,404
5,911
1,47*
l,487i
19,?J1
26,9'24
11,292

Cod,ha<

DUTUDLB.

Aggre.
gate.

Iduok,
nnllnck.

Herring.

Mackerel,
pickled.

Saliyou,
pickled.

All
otlier.

TotJil
duti-
able.

clriwl, smoked,
or pirkled.

Dried
or amuked.

Pickled or
salted.

Poundi.
2,400

DolU.
113

1

PounJ*. DolU.
1, 600. 30

libU.
110

DolU.

355

BbU.
1

DolU.

BbU.

DolU.

DolU.

30

0,910

6U1

601

1,880

DolU.

540

9,910

666

780

40, 803

DolU.
895

138, 289

1

44

5

177

31,511

.

43, 632

2

12

47,035

00,057

1,405

8,473

738

0,441

42, 690

1,841

522

1, 702

30, 657
857

38, 443
357

93,640

8,475

5,9.50

0,000

"" i«6

SOS

1,048

60

178

15,092

17,696

25,772
98

1

25

24, 258

001

25

24,265

661

•-2

5,323

170

■■;

39,669
7,575

240

18

18

74

1,565

1,487

368

762

7,245

1,403

764

8,007
1,408
5,166

27, 398

28,827

20U

■■■■l6

23,500

418

15

68

53

186

880

3,714

16, 458

9,010, ^ 334

85,247

1,913

10,062{ 36,302

842

6,814

891

8, 720

00,640

148, 810

635, 119

341, 748
208, 626

5,294
3,013

10
3,045

50
80, 952

15
104

134

1,418

"'9,'437

5,478

45, 4o2

C, 063

6,478

173, 092

5,003

?oo

048, 15
216,400 5,063

4

17

5,223,735
2,241,460

123,827

36,227

19

2,430,425

51,234

25, 777

87,390

32, 012

200, 307

1,778

20, 025

19, 971

500, 354
36, 227

in

0
4

50

260, 036

67, 388

225

21,655

4

8,700

35

27

3

738.477
45,468

1,004

09

2

e

6

4

66
14,063
12, 567

4

56

4117,477
793,442

137, 194
14,586

316, 523
2,275,008

400

5,550
27, 028

4

10,477

796

45

1,615

■ 27,831

1,796

225

5,102

12,562
1,218

54, 308
9,433

2,149
95

21,581
1,088

3.i4 189

186, 723

980

803,470

124, 433

4U

2,485

.'

3,700

3,700
85

838 29

......

0

27

8

1

27

1, 139

13,489,372

333,513

5,579,030

93, 632

41,201

125, 587

50,047

301, 050

4,141

44,840

66,124

954, 732

1, 630, 023

13,198,382

333,847

5,664,877 95,545

51, 263

161,959

50, 889

307,864

4,532

48,672

155,764

1, lOJ, 551'2, 174, 742

laiABURT Dkpabtmkst, Bubbau of Statistics,

JanvMvy 7, 1886.

WILLIAM F. SWITZLER,

Ohu^ of BureaH.

Senate Beport Do. 1683, Forty-ninth Congpu, second sesiion.

REPORT OF THi: ClOMMITTi:!-: ON roiiKKlN lilCLATIOXS |.N
RELATION TO THE KKHITS AND INTKItHSTS OF AMKM.
CAN FISIIERIFS AND FISIIEIIMHN.

Januauy 19, 1H87.— Onlorcd to 1»« iirliitcd.

Mr. Edmunds, from the Committee on Foreign Relations, submitted

tlio following

REPORT:

[To accompany bill 8. 3173.]

The Committee ou Foreign Relations was at the last session of the
Senate instructed to make Inquiry into the matter of the rights and
interests of the American fisheries and fishermen by resolution in the
following words :

Eesolvtd, That the Coramittoo ou Foreiga Relations bo, and it hereby is, instructed ]
to inquiru into tho rights of American iishiug vessels and merchant vohsuIs within
the North American possosaions of the Queen of Great Britain, and whether any
rights of such vessels have been violated, and if so, to what e-tout; that said com-
mittee report upon the subject, and report whether any and what stops are necessary
to bo taken by CongreBS to insure the protection and vindication of tho rights of citi- :
zena of tho United States in tho premises ; that said committee have power to send \
for persons and papers, to employ a stenographer, and to sit during the recess of the
Senate, either as a full committee or by any Bubcommittee thereof, and that any such
subcommittee shall for the purposes of such investigation bo a couiniitteo of the j
Senate to all intents dud purposes.

lieaolved, That thn necessary expenses of said committee in said investigation be j
paid out of the appropriation for the miscellaneous items of the contingent fund of j
the Senate, ujion vouchers to be approved by tho chairman thereof.

Pursuant to this authority the committee has proceeded to raaicetliej
inquiries directed by the Senate, so far as it was practicable to do dur- '
ing the vacation, and has taken a considerable amount of testimony 1
which the committee believes to be of much value and importance to a j
proper understanding of the dififlcnlties that have arisen between citi-
zens of the United States and the authority of Her Majesty's dominicns j
in North America, and.which also, as the committee thinks, bears upon;
other questions of public policy that can be readily understood by]
those reading this testimony.

The questions touching the right of our citizens engaged either in tiiej
operations of fishing or commerce in the North American waters con-
tiguous to Her Majesty's dominions depend, of course, not only upon I
public law, but upon the conventional arrangements that have iiitherto j
been entered into between the United States and her Britannic Majesty's]
Government.

Without going into a general review of the discussions that Lave inj
former years taken place concerning those matters, it is, as the commit- 1
tee thinks, sufQcient to now treat these questions as they areaflectedj
by the principles of pubfic law and by the i^resently existing treaty be-j
tween the United States and Great Britain bearing upon the subject.

572

AMERICAN FISHERY INTERESTS.

nT.'j

This treaty was concUuletl in the year 1818. To uudorHtaiul its just
and true application it is porliaps proper to refer, by way of indncoment,
totbe state of things tberotoforo existing.

The treaty of peace concluded at the end of the Revolutionary war,
ivMcli acknowledged tlio independence of the United States, provided
iQ its third article that the people of the United States —

shall fontinuo to enjoy nnmolestc ' the right to tako flwh of every kind on the Grand
Bank, anil on iiU t'lo other banks of Now found land ; also in tbo Oiilf of Saint Law-
rencel ftiid at nil other placeH in tlio Hoa where the inhabitants of both countries used
atanv timi! liiTotoforo (o ilsh. And also that the Inhabitants of the United States
Khali liavolili'Tty to lake fish of every kind on ench idrfc of the eoast nf Newfound-
hind an liritisli lishormon shall use, but not tc dry or euro the same on that island, and
also on tlio coasts, l)ays, and ereeks of all other of his Bri tannic Majesty's dominions
inAnitTicii; and that tho American llshcrmen shall have liberty to<lry aiid euro (ish in
anvoftlio UMNottled bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and
Lahrailor, HO long as tho same shall reniain nnsottlo<l; but so eoon ns tho samo, or
fitber of tbeni, shall bo settled, It shall not bo lawful for tho said fishermeu to dry
(Tcnrft tisli at Huch settlement, without a iirevious agreement for that purpose witti
the iuliubitivuts, proprietors, or possessors of tho ground.

This article, it will bo observed, recognized an existing right and
practice in respect of American lisliernien exercising their calling not
only at sea on the banks of Newfoundland, but in all places in the sea
within what would be strictly British waters. And it will be observed
also that this treaty said nothing on tho sub jec-fc of commercial inter-
course between tho people of tho United States and those of the British
provinces.

Tho next treaty was that of 1794, by the third article of which it was
provided as follows :

Itisagreed that itshall at all times bo free to His Majesty's subjects and to the citi-
ifiisoftho United States and also to tho Indians dwelling on eithersidoof saidbound-
jrylino[l)eingtho land boundary lino bot.veen tho United States and tho iJritish
Provinces of North America] freely to pasa and repass by land or inland navigation,

I into tiio respective countries of tlio two parties, on tho continent of America (tho
country within tho limits of tho Hudson Bay Company only excepted), and to nav-
i^te all tho lakes, rivers, and waters thereof, and freely to carry on trade aiid
tommeico with each other. But it is understood that this article does not extend to
the almisHiou of vessels of tho United States into the sea-ports, harbors, bays, or
creeks of His MiijcNty's said territories ; nor into such parts of tho rivers in His Ma-
jesty's said tenitories as are between tho mouth thor«.of, and tho higlicst port of entry

Ifromthe sea, CAcept in small vessels trading bona fide between Montreal and Que-
Iw, tiuder such regulations as shall be established to prevent tho possibility of any
frauds in this icspect; nor to tho admission of British vessoh from tho sea into the
tiversof tbo United States, beyond the highest ports of entry for foreign vessels from

I tie sea.

A later article in the treaty of 1794 (Article XII) provided that for a
I limited period, named in the treaty, citizens of the United States
might engage in carrying trade to any of His Majesty's islands and
mrts in the West Indies under certain conditions named. A later ar-
ticle (Article XIII) provided that vessels belonging to citizens of the
United States should be admit.ted into all the seaports and harbors of
the British territories in the East Indies, &c. A later article (Article
XIV) provided that there should be between the dominions of His
[Majesty iu Europe and the territories of the United States a reciprocal
I perfect liberty of commerce and navigation, &c. Another article
[(Article XIII) provided for admitting American vessels in distress into
allof HiS Majesty's ports on manifesting its necessity to the satisfaction
I of the government of the place.

I So far as the present question is concerned the foregoing represents
juiegtatecf the treaty arrangements between the United States and
j Great Britain down to the close of the war of 181?. By the treaty of

I " ii ' "- 'i " ■■ ' 'i • .

i#Si'

(:,.* H

w-m\

:.74

AMERICAN FISHERY INTERESTS.

1816, following the treaty of peace of 1814, it was provided in Article I
that there should be between the territories of the United States and all
the territories ot his Britannic Majesty in Europe reciprocal liberty of
coniinerce, &c.

In a later article of the same treaty {Article II) it was provMled that
the intercourse between the United States and His Majesty's posses-
sions in the West Indies and on the continentof North America should
not be affected by any of the provisions of that article, but that each
party should remain in complete possession of its rights with respect
of such intercourse.

No other article of the treaty touched the question of intercourse be-
tween the Unittd States and His Majesty's dominions in North America.

The next treaty bearing upon the present question war that of 1818,
which is now understood to regulate, so far as it goes, fishing interests
of whatever kind of the citizens of the United States in the territorial
waters of the British dominions in North America.

All of this treaty that bears directly upon the present subject is con-
tained in Article I, which is in the following words :

Whereas difforences liavo arisen respecting tlio liberty, claimed liy the United j
States, for tbo inbabitants thereof, to take, dry and cure fish on certain coasts, bays, ;
harbors and creeks ct his Britannic Majesty's dominions in America, it is agreed be- 1
tween the high cont. acting parties that the inhabitants of the said United Stata j
shall have forever, in common with the subjects of his Britannic Majesty, tlio libertj
to take fish of every kind on that part of the southern coast of Newfouudland which J
extends from Cape Ra v to the Ranieau Islands ; on the •western and northern coastof j
Newfoundland from the said Cape Ray to the Quirpon Islands, on the shores of tlie j
Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount JoIt,!
on the southern coastof Labrador, to and through the Straits of Belle Me, andj
thence northwardly indefinitely along the coast, without prejudice, however, to any!
of the exclusive rights of the Hudson Bay Company: And that the American fish-l
ermen shall also have liberty forever io dry and cure fish in any of the unsettled
bays, harbors, and creeks, of the southern part of the coast of NewfounCland, above j
described, andof the coast of Labrador; but so soon as the same, o; any portion tbere- i
of, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such j
portion so settled without previous agreement for such purpose with the inhabitants, j
proprietors, or possessors of the ground. And the Unit ed States hereby renounce for- j
ever any liberty heretofore enjoyed or claimed by the inhabitants thereof to tal£e,dry, j
or cure fish on or within three marine miles of any of the coasts, bays, creeks, or j
harbors of his Britannic Majesty's dominions in America not included within tliej
above-mentioned limits : Provided, however, That the American fishermen shall be ad-
mitted to enter such bays or harbox-a for the purpose of shelter andof repairing dam- i
ages therein, of purchasing wood, and of obtaining wat<^r, and for no other purpoMi
■whatever. But they sha?! be under such restrictions as may be necessary to preventl
their taking, drying or curing fish therein, or in an^ other manner whatever abus!ng|
the privileges hereby reserved to them.

This article sets out with stating ♦he precise subject with which ithaS
to deal, vizr that differences have arisen respecting the liberty claimed
by the United States for the inhabitants thereof, to take, dry and curej
fish on certain coasts, bays, harbors, and creeks of his Britanniif
Majesty's dominions in America.

Thus it will be seen that the matter to be dealt with was a claim iri
favor of the inhabitants of the United States to do certain things witbia
the territorial dominion of His Majesty, and not a matter touching ttj
right of the inhabitants of the United States to cruise, fish, or doaaj
other thing in waters that by the public law of nations did not belong W
the territorial jurisdiction of His Majesty. The matter to be dealt witH
being, then, simply that affecting American fishermen coming witij
the territorial dominion of His Majesty, it was provided that America«
might fish on that part of the southern coast of Ne-ivfoundland ffnic|
extends from Cape Ray to the Eameau Islpndsj ard on thewesteu

AMERICAN FISHEBY INTEEESTS.

575

and northern coast of Newfoundland from said Cape Kay to the Quirpon
Islands, and on the shores of the Magdalen Islands, and also on the
coasts, bays, harbors, and creeks, from Mount Joly, on the southern
coast of Labrador, to and through the Straits of Bello Isle, and thence
northwardly indeflnittly along tbo coast, without prejudice, however,
to any of the exclusive rights of the Hudson Bay Company; and that
the American fishermen shouhl have the liberty to dry and cure lish in
anyof ttie unsettled bays, harbors, and creeks of the southern part of
the coast of Newfoundland, above described., and of the coast of Labra-
dor, subject to noninterference with settlers, &c.
And by the same article the United States renounced any liberty —

to ta!:e, dry, or cure fish or or wiibin 3 marine miles of any o* the coasts, bays,
creeks, or harbors of bis Britannic Majesty's dominions :u America not included
i »ithintlie above-mentioned limits ; prov'ded, however, that th) American fishermen
i tliall be admitted to enter such bays ov harbors for the purpose of shelter and of re-
pairing damages thereii, and of purchasing wood, and of obtaining water and for
' no oilier purpose whatever. But they shall be under such restrictions as rray bo
j tteamry loprevent their takir ■< drying, or curing fiith therein, or in any manner whatever
iimg theprMlcges hereby • . rved to them.

The committee is of opinion, in view of tnis history and of the plain

[language above quoted, that thi article was intended to deal and did

deal only with th3 subject of the admission of American fishermen

within the territorial jurisdiction of his Britannic Majesty as defined

by the public la w of nations.

The first question for consideration, then, is whether the pretension
j that has been sometimes asseiied by the Government of Great Britain,
'M American lushing vessels or others have no right, except at the pleas-
nreof the British Goverument, to be in or to prosecute lawful pursuits
[in ihe great arms of the sea extending between parts of the mainland
[belonging to the British and which are more than 6 marine miles broad,
1 13 well founded?

The committee cannot doubt that any such pretension is ill founded.
[Itisplaia that such a pretension is an invasion of the principles of pub-
jliclawDow almost universally recognized by all civilized powers, and
lonewhich, it is believed, the British Government would be indisposed to
laccede towhcn applied as against its subjects. It would seem to be
[clear that by the universally recognized public law arjong civilized na-
s, territorial jurisdiction of every nation along the sea is limited to
|3 marine miles from its coasts as they may happen to be, whether em-
[bracing long lines of open coast or embracing great curvatures of seah
jihore which may and often do almost surround vast bodies of the waters
jofthe ocean. The phrase of the treaty, therefore, speaking of bays,
Icreeks and harbors of his Britannic Majesty's dominions, must be un-
derstood as being such bays, creeks, and harbors as, by the public law
l^fnations, were and are within the territorial jurisdiction of the British
wernmeut. The committee is, therefore, clear in its opinion tl'at
ny pretension that exclusive British jurisdiction exists, either by force
f public law or of this treaty, within headlands embracing such great
"dies of water and more than G marine miles broad, must be quite un-
toable.

Another questien may arise, in respect of whether American fishing

"" "'- or other American vessefs may lawfully traverse the Gut of

pnso i» narrow strait connecting the waters of the Atlantic on the

TOheast of Nova Scotia and Cape Breton with the waters of the Gulf

'Saint Lawrence on the northwest). This strait is a few miles long,

much less in some of its parts than G miles wid** It is naturally

igK-..' '-aixta

676

A^^B|C4|f P}^I{|;§X I|fT^|lESTS.

navigable for aea-goinj; vessels, and always Las been navigated and
used for the pasaajxe of vessels ffofn the southward into Uio Gulf of
Saint Lawrence and bafk again southward bj' vessels finding it conven-
ient so to use it.

The committee is of opinion that, in the absence of special treaty ar-
rangeuients, such straits as the Gut of Canso are free for public and
peaceable navigation in the same manner that the seas which they con-
nect are. A comjiaratively recent and notable instance of the appljca-
lion of this i)rinciplo is found in the case of the Simonoseki Strait in
Japan, connecting tiie Ooreun Channel, to the northwest of Japan with
the Pacific Ocean on the southeast. This strait at one of its points is
very much less than 'A miles in width ; and the passage of mercantile ves-
sels of the United States, Great Brita't , France, and the ^Netherlands
having been interrupted there by Japanese batteries, &c., Japan was
compelled by these four Governments to make reparation, after both
British and American vessels of war had forcibly destroved the Japanese
batteries.

Of course, the right of peaceful ])assage through the Gut of Canso j
by unarmed vessels is entirely distinct from any right to fish or do any'
other tL' ig there than merely to pass through. And if, in such an in- 1
stance, a purely fishing vessel of the United States, having no other
character whatever, should wish to pass through that strait from one!
part of the sea to another, it is i)resumed that it would hardly be insisted j
by the British Government that such a passage for such a purpose was j
prohibited by the first article of t'ae ti-eaty of 1818, which, aa we have |
before stated, was applicable only to the roatter of taking lish, &c., on]
the specified <!oasts and to the prohibition of American fisherm^u as such i
to enter the British bays or harbors for any other purposes ttan those
of shelter, repairing damages, purchasing wood, and obtaining water.
The general right of passage for all ves.'^.els entitled to sail the seas was
not in any way mentioned, and it must be presumed it was not intended]
by the language used iu the treaty to limit or modify such rights.

On the termination of the reciprocity treaty of 1854 the fishermen of]
the United States were remitted to the first article of the treaty of 1818,]
already cited, for the definition and regulation of their rights iu the Brit-
ish waters therein mentioned. Between the period of t.io teimiuation]
of the treaty of 1854 (namely, 18GG,) and the treaty of 1871 some con-'
siderable difficulty and discussion took i)lace concerning the questionj
whether the 3 mile line should be ascertaiued by drawing the same froinf
headland to headland (as across the Bay of Fundy and the Bay Cha-
leur), or whether it should be drawn 3 miles fro:n the actual shores of j
such bays and headlands. The general result of those discussions woiildf
seem to have been an acquiescence by the British Government in the!
right of American fishermen to fish within those bays and exterior toaj
line 3 miles from the shores. By the treaty of 1871 it was agreed tm
the fi.shermen of the United States should have the right to fish inshorel
under certain limitations therein stated. This last treaty ^as termil
nated through the action of the United States on the 1st day of JuIyJ
1885, and the first article of the treaty of 1818 again came into opera|
tion.

Concluding, then, from what has bgen before stated, that there is ud
serious difficulty in respect of the question where Americau fishermei
can ca rry on their operations, it would seem to be easy to know precise!^
what our fishermen may and may not do in the territorial waters a'
cent to the British dominions.

AMFRICAN FaSHEBY INTERESTS.

577

lyiiattboy may do may be stated, as follows:

(1) Tb y iiave the liberty to take fish '• on that part of the southern

)astof Newfoun'^land, which extends from Cape Ray to the liameau

ilands."

2) They have the right to take fish " on the western and northern
istof Newfoundland from the said Gape Eay to tho Quirpon Isl-

ids."

(3) Also " oil the shores of tho Magdalen Islands."

(4) "Also on the coasts, bays, harbors, and creeks from Mount Joly
in the southern coast of Labrador to and through the Straits of Belle
[de, and thence northwardly indefinitely along the coast," subject to any
Bclnsive rights of the Hudson Bay Company.

(5) The right "to dry and cure fish in any of tho unsettled bays, har-
lots, and creeks of the southern part of the coast of Newfoundland,''
(fore described, and of the coast of Labrador, without interfering with
^e rights of settlers, &c.

(C) The right of American fishermen in their character as such to cn-

rtliebays and harbors of Great Britain in America for the purpose

k) of shelter, (&) of repairing damages, (c) of purchasing wood, (d) of

Itaining water, and for no other purpose whatever.

jBtttthey are to be under such restrictions in respect of their entry

|to bays and harbors where they are not entitled to fish '*as maj be
mary to prevent their taking and drying or curing fish therein, or

kany other manner whatever abusing the privileges hereby reserved

Ithem."
) things that by this article American fishermen must not do are :

1(1) Fish within 3 miles of any of tho shores of the British dominions,

icepting those specially above named.

1(2) Enter within this 3-mile limit except for the purposes last stated.

[The American fishermen, in their character as such purely, must not

p the prohibited waters other than for the purposes of shelter, re-
ring damages, purchasing wood, and obtaining water ; and in doing
Jthey are subject to such reasonable restrictions as shall be ueces-
r to prevent their fishing or curing fish in prohibited waters or on
ed shores, and thereby abusing the privilege of entering those

fcteraforthe necessary purposes stated.

jWliat, then, are such necessary restrictions ?

iFollowing the t'.eaty of 1818, Great Britain passed the act of Juno

11819 (59 Geo. Ill, ch. 38), on the subject of American fishing and

pr vessels within the waters of the British dominions in North

Nca, which provided :

|1) That tho British King might make such orders in council, either

pctly or through the governor of Newfoundland or others, as shoidd

[deemed proper and necessarv for carrying into effect the j)urpose8 of

Tifeliery article of that treaty.

IH prohibition and punishment of fishing, &c., within the 3-mile

ft, other than the coasts in respect of which the treaty provided that

^wans might fish.

Forfeiture of vessels, &c., found fishing, &c., within the prohib-
pUits. TLis forfeiture was to be enforced in tho ordinary corrse,
Ptiiocaso of forfeitures under thfe revenue laws.
i) That American fishermen might enter any of the bays and bar-
Tti! *^*' ^rjtish dominions in America for the purposes named in
ItTKity, subject to such restrictions for prev^entiiig abase of that priv-
I« as 11 is Majesty, or the governor, or i)ersouexen,ising tho oflice of
ptiioriii any part of the British dominions in America, might make.
S. Ex. 113 37

578

AMERICAN FISHERY INTERESTS.

(5) That if any person should refuse +o depart from such bays. &c,l
on the requirement of the governor, &c., or neglect to conform to anjl
of the regulations so made, ho should be punished by a fine of £200,

The next legislative act touching American fishermen appears to „
the act of Prince Edward's island, of 3d September, 1844, which provick
that the oflBcers of Her Majesty's customs, &c., or any person specialW
holding a commission for that purpose, should have authority to go oi
board any ship, vessel, or boat, within any port, bay, creek, or liarborj
in that island, or "hovering" within three marine miles of any of tlif
coasts, bays, &c., thereof; and in either case -freely to stay on boan
such ship, vessel, or boat as long as she shall remain within suchporl
or distance ; and if any such ship, vessel, or boat be bound elsewhen
and shall continue so hovering for the space of twenty-four hours aft^
the master shall have been required to depart, it shall be lawful fora
of the above-enumerated officers, &c., to bring such ship, &c., intopori
and to search and examine her cargo, and examine the master upon oatj
touching the cargo and voyage ; and if there be any goods on boan
prohibited to be imported into this island, such ship, &c., andthecarg
laden on board thereof shall be forfeited ; and if said ship, &c., shall b
foreign and not navigated according to the laws of Great Britain am
Ireland, and shall have been found fishing, or preparing tofisb, ort
have been fishing, within such distance of such coasts, bays, creeks, o
harbors of this island, such ship, &c., and its cargo shall beforfeitei
and if the master or any person in command thereof shall nottrnlya
swer the question which shall be demanded of him in such examinatioj
he shall forfeit the sum of £100.

The act then provides for the methods of investigation, conden
tion, &c.

The Eevised Statutes of Nova Scotia of 1851, chapter 94 (which vii
have re-enacted some earlier act), provided :

(1) That officers of the colonial revenue, sheriflfs, magistrates, or aij
other person duly commissioned for that purpose, " may go on boai
any vessel or boat within any harbor in the province, or hovering witl^
3 marine miles of any of the coasts or harbors thereof, and stay j
board so long as she may remain within such place or distance."

(2) That " if such vessel or boat be bound elsewhere, and shall (
tinue within such harbor or so hovering for twenty-four hours aftertj
master shall have been required to depart, anyoneof theofiBcersabd
mentioned may bring such vessel or boat into port and search her caij
and also examine the master upon oath touching the cargo and voyal
and if the master or i)erson in command shall not truly answer J
questions demanded of him in the examination he shall- forfeit £1(|
and if there be any prohibited goods on board, then such vessel or t
with the cargo thereof shall be forfeited. "

(3) That <' if the vessel or boat shall be foreign and not navigaj
according to the laws of Great Britain and Ireland, and shall have M
found fishing, or preparing to fish, or to have been fishing witlij
marine miles of such coasts or harbors, such vessel or boat, or ci
shall be forfeited. "

It then provides for the method of procedure, &c. This proy
was re-enacted in the Revised Statutes of Kova Scotia by the provu
act of May 7, 1858. This re-enactment contained in its tweuty-sef
section of title 25, chapter 94, a provision suspending those pfirls
relating to American fi.shing vessels dnring the continuance of tiietf

of reciprocity t! 1':-'51.

AMERICAN FISHERY INTERESTS.

579

Xbe committee has not been able to discover any orders in council
bv the British King, as authorized by the act (59 Geo. Ill, ch. 58),
and 80 far as we have been able to examine, the regulation of the en-
rance of American fishermen within the limits wherein they were not
Entitled to fish has been made by colonial statutes such as have been
bbove recited. That of Prince Edward's Island, of 1843 (6 Vict., ch.
i) the committee thinks fairly illustrates the nature of legislative
g'nlations on the subject down to the reciprocity treaty of 1854, and
in effect, until the expiration of that treaty in 1860. This act pro-

rided:

(1) Proper officers were authorized to go and remain on board an
merican fishing vessel during her continuance within the waters where
e was not entitled to fish.

If thf/ vessel was bound elsewhere, and should continue hovering
ithin the 3-mile limit for twenty-four hours after she had been required
depart, then the officer might take her into port, search her cargo, ex-
iue the master, &c.

3) If, on such examination, any goods should be found prohibited to
imported into the island, there should bo a forfeiture.
(4) If the vessel should have been found fishing, or preparing to fish,
to have been fishing, in prohibited waters, a forfeiture should follow.
It will be seen that this provision carefully excludes the right to seize
id proceed against an American fishing vessel that, had come within
waters, where fishing was not allowed, for the purposes named in
le treaty, and only authorized British officers to require the vessel to de-
t,if, instead of coming into a bay or roadstead and* coming to anchor,
16 was "hovering" on the coast and within the prohibited limits, and
vided for her forfeiture when so " hovering " only upon its being dis-
vertd, on an examination, that she had contraband goods on board, or
id been violating the provisions of the treaty by abusing the privilege
lier entrance and shelter, by fishing, &c. And in all these cases the
"inary modes of judicial investigation and fair play were provided for,
cept: (a) That the burden of proof was thrown on the claimant of the
iel in case of dispute as to whether the seizure had been lawful ; (b)
at DO suit should be brought for an illegal seizure until one month
;er notice in writing had been served on the seizing officer of an in-
tion to sue and the grounds of action ; (c) and, further, that a statute
limitations, in respect of all such illegal seizures, of three months
ily, was provided.

The committee does not see any just ground of criticism of those

s of this act that relate to the conduct of American fishing vessels.

iing within waters where fishing w as prohibited ; but when it comes

the matter of just and reasonable judicial determination of any ques-

inarisiug, the committee does think that the methods and limitations of

edure were harsh and unjust, and beyond the right of the BritisL

ivernment to provide, under its authority by the treaty to make only

i restrictions as should be necessary to prevent the abuse by tlie

aerican fishermen of their right to enter non-fishing waters.

But the foregoing species of legislation has been considerably im-

ived upon, in an unjust direction, by the ^Dominion act of the 22d of

.v,I368 (31 Vict., ch. 61), which authorized the officials to require

jessel, which was not hovering on the coast but which had come

™ a harbor, to depart from such harbor on twenty-four hours' iio-

and, on failure of such departure, to bring her into port, for that

cause, and without any suspicion or ground of suspicion that she

violated or intended to violate either the treaty or the laws of

''*,j

■i-O;- .;..:^v^!f ;■-.■' ■• 'iy^'

680

AMERICAN FISHERY INTERESTS.

Canada, and without any limitation as to the length of time she might
be detained in port, or any security for just and fair treatment of the I
American fishing vei^sel which might have sought shelter in such bat- 1
bor or come there for any of the lawful causes named in the treaty.

It also provided for punishing the master if he failed to answer any j
question put to him teuching the cargo or voyage. |

It also provided that the consent of the seizing person should be nec-
essary in order to enable the judge of the admiralty court to release the
vessel on proper security.

It also, as in the case of the former act, put the burden of proving
innocence on the claimant. *

It also provided that no suit should be brought for any illegal con-
duct of those officers uhtil after a month's notice in writing, and that!
the notice should contain the cause of action.

It also provided that " no evidence of any cause of action shall be]
produced except such as shall be contained in such notice."

It also provided that every such action should be brought within three!
months after the cause of action had arisen.

It also provided that if in any such suit judgment should begivenl
against the seizing person and there should be a certificate of probablej
cause, then tho plaintiff should only recover SJ cents damages and noj
costs, and that no fine beyond 20 cents should bo imposed upon the re-j
spondent.

On the 12th of May, 1870, the Dominion act of 33 Vict., cb. 15, n
passed, repealing the third section of the last-mentioned act on the sub
jectof bringing vessels into port, &c.,and provided in lieu thereof thai
any of the officers or persons before mentioned might bring any vessel]
being within any harbor in Canada, or hovering in British waters withiJ
3 miles of the coast, into port, search her cargo, examine her masteij
on oath, &c., without any previous notice to depart, which had beenre]
quired by the former act. So that an American vessel, fishing
sea, being driven by stress of weather, want of wood or water, ofl
need of repairing damages, which should run into a Canadian harbo|
under the right reserved to it by the treaty of 1818, the moment herao]
chor was dropped or she was within the shelter of a headland wai
at the discretion of the Canadian official, to be immediately seized anj
carried into port, which might be, and often would be, many miles froa
the place where she would have her safe shelter or could obtain hef
wood and water or repair her damages.

The committee thinks it is not too much to say that such a pi^
vision is, in view of the treaty and of the common principles of comiH
among nations, grossly in violation of rights secured by the treaty aij
of that friendly conduct of good neighborhood that should exist li
tween civilized nations holding relations such as ought to exist betwei
the United States and Her Majesty's dominions.

This last provision was substantially re-enacted, with the royal aj
proval of the Queen, given outhe2Gth of November, 1886, with theadif
tion that if any srch vessel had entered such waters for any purposenj
permitted by treaty or convention, or by any law of the tlnited Kinl
dom or Canada, for the time being in force, she should be forfeited, f^

From all this it would seem that it is the deliberate purpose ot ta
British Government to leave it to the individual discretion of caclioj
of the numerous subordinate magistrates, fishery officers, and cnstoi
officers of the Dominion of Canada to seize and bring into port aj
American vessels, whether fishing or other, that he finds witlimnj
harbor iu Canada or hovering within Canadian waters. The statu
does not even except those Canadian waters in which, along a

AMERICAN FISHERY INTERESTS.

581

le she might
tment of the
in such hat-
.6 treaty.
I answer any

part of the southern coast and the whole of the western coast of New-
touncUand, they are entitled to fish, to say nothing of the vast extent
ofthecontiueutal coast of Canada.
The committee repeats its expression of the firm opinion that this
lefjslation is in violation of the treaty of 1818, as it respects American
fishing vessels, and in violation of the principles of comity and good
nei''hborhoo(l that ought to exist in respect of commercial intercourse
ortTiecominpof the vessels of either, having any commercial charac-
tpr. within, the waters of the other. Had it been intended to harass
u of proving ^JjQ^ embarrass American fishing and other vessels, and to mal;e it im-
practicable for them to enjoy their treaty and other common rights, such
leinslatiou would have been perfectly adapted to that end.
The instances in which this sort of legislation has been applied dur-
ing the last year, to the great embarrassment and injury of American
lights and interests — although in some of them it may doubtless appear
thattliere has been some merely formal or technical violation of some
Canadian customs stiatute or regulation — are the following:

hrndi denied the right or privilege of purchasing coal or ice or of transshipping Jiah at
■ porta of the Dominion, or refused other rights or privileges therein.

tiould benec-
;o release the

y illegal con^
ting, and that

etion shall bel

it within three I

ould be Rivenl
iteofprobahlel
images and nol
?d upon the re-j

ct., ch. 15, n
acto'iithesnb
leu thereof thM
ring any vessel^
h waters within
ine her uiastea
ch had beenre]
;ssel, fishing
,a or water, ol
madian harboij
moment her an

headland m
itely seized and
lany miles froa

ould obtain h«|

jat such a W
tiples of comity
W the treaty f
Ihould exist '
Ito exist betwe

iu the royal aj
JG with the adfl
lanypurposeDj
lie United KinJ
be forfeited, ^^
J purpose of t«
Itionofeachoi]
Ijrs, andcustoj
L into port »J
Puis witbina]
L The statr

Ti, along a'

JweKw (steamship) donied the right to take in coal, or purchase ico, or transship fish
ia bond to the United States, at Piotou, N. S., July, 1886. (II. K. Ex, Doc. No.
19, Forty-ninth Congress, second session, pp. 24-25, 4y-G0-6I. This Kop., 3, 15,
105.106.)
'Men Hind, of Gloucester, Mass., was refused the right to take water in Port Daniel,
Bay of Chaleur, July 23, 1886. (H. R. Ex. Doc. No. 19, Forty-ninth Congress,
second session, pp. 43, 47, 192-193. This Kep., 162.)
Kollie Adams, of Gloucester, Mass., Solomon Jacobs, master ; his water supply having
become exhausted by accident. Captain Jacobs put into Port Mulgrave, N. S.,
on the 3l8t of August, 1886, to replenish the same, but was refused the privilege
of buying barrels, and notified that if be did purchase barrels his vessel would be
seized. A serious loss was occasioned through this action. (H. R. Ex. Doc. No.
19, Forty-ninth Congress, second session, pp. 45-46, 61-63. This Rep., 88, 146.)
||.i Crittenden, of Gloucester, Mass., Joseph E. Graham, master. Stopped at Steep
Creek, Strait of Canso, July 21, 1886, homeward bound from the open-sea fishing
grounds, to obtain supply of water, which was refused, the customs ofiQcer noti-
fying Captain Graham that if he took in water his vessel would be seized. (H.
R.£x. Doc. No. 19, Forty-ninth Congress, second session, pp. 47,48, 152. This
Eep., 153, 196.)

Mrl Nekon, of Provincetown, Mass., Murdock Kemp, master. Was seized in the
harbor of Arichat, N. S., September 8, 1886, and compelled to pay commercial fees,
but was denied privileges which such fees are paid to secure. (H. R. Ex. Doc.
No. 19, Forty-ninth Congress, second session, pp. 54-61, 193-107. This Rep.,
54,66.)

unSayward, of Gloucester, Mass-, Medo Rose, master. Was, on the 6th of Octo-
H 1886, while in the port of Shelburno, N. S., refused permission to buy pro-
visions, &c., sufficient to last the crew on the homeward trip of the vessel ; the
vessel's papers were retained by the collector for an undue length of time, &c.
(H. R. Ex. Doc. No. 19, Forty-ninth Congress, second session, pp. 58-59.)
)n*\e Seaverns, of Gloucester, Mass., Joseph Tuppor, master. While in the port of
Liverpool, N. S., Captain Qaigley, of the Dominion cruiser Terror, prevented Cap-
tain Tapper from landing to visit relatives in Liverpool, and forbade Captain
Tnppert relatives from going on board the Jeannie Seaverns, placing a guard
aboard of her while she was m thatport. (H. R. Ex. Doc. No. 19, Forty-ninth Con-
gress, second session, pp. 58-59, and 60.)

mand Julia, of Eastport, Me., W.H. Farris, master. While in Digby Harbor,

wa Scotia, April (!) 18," 1886, Iwas denied the privilege of buying herring.

(H.B.Ex.Doc.No.l9, Forty-ninth Congress, second session, pp. 169-170.)

PM A. Garfield, threatened with seizure on opportunity ; charged with having

pnrcliased bait or ice in Dominion port or ports. (H. R. Ex. Doc. No. 19, Forty-

lomth Congress, second session, p. 171. )

Wi. Snow, of Gloucester, Mass., Jeremiah Hopkins, master. Subjected to con-

itant surveillance in harbor at Sholbnrne, N. S., by Captaiu Quigley, of Dominion

muser Terror, who finally boarded her with an armed guard, took Captain Hop-

BMashore under armed guard, and threatened him with trouble if he revisited

' S"""" — (This Rep., pp. 135-136, 138. )

Bhelbume.

582

AMERICAN FISHERY INTERESTS.

Highland Light, of Provincetown, Mass. Soizod off tho northeast point of Prince Ed-j
ward Island for catchinj? fish vithin ;{-niilo limit. (This Rep., pp. ;J4, 153,)

Eliza A. ThoviH, of Porthiufl, Mo., hiivinjit mmo ashore at Malpeqiio, lutlen witliafan
of lish, tno owniTH \v»to not permitted to ship homo either the fisb, boat*, o(
KeiiTes by vessels, but were, after delav, compelled to ship them bv rail (Thi3
Kep., pp. 259-260.) " ^ °1

Veaaeh seized by Canadian authorilica on tho charge of violating the fiahcry reguhtmm

the Dominion.

David J, Adams, owned at Newbiiryport, Mass., Aldon Kinney, master. Seized l
Digby, N. S., May 7, 1880). (Senate Ex. Doc. No. 217, Fort.y-ninth Cougrcss, linl
session; H. R. Ex. Doc. No. 19, Forty-ninth Congress, second session, pp. G,U,iaj

128, 139, 130, 131, 13>, 133, ):14, 135. 136, 137, 140, 141, 142,148, 149,150,164,163 in
177,178e<«r<7. This Rep., p. 151.)

Ella M. Doiight)/, owned at Kennebunk, Me., Warren A. Donghty, master. Seized
Englishtown, C. «.; May 17. 1886. Released June 19, 1886 ; bail, ^,400. Proci
ings for remission. (Senate Ex. Doe. No. 217, Forty-ninth Congress, lirst sessi.
H.R. Ex. Doc. No. 19, Forty-ninth Congress, second session, pp. 141,142,14:11
14.5,146. This Rep., 255.)

City Point, owned at Booth Bay, Me., Stephen Koeno, master. Seized at Shelbm
N. S., Jnly 3, 1886. Released on payment of $400, alleged fine. (Senate Ei
Doc. No. 217, Forty-ninth. Congress, first session ; H. R. Ex. Doc. No. 19, Fort]
ninth Congress, second session, pp. 44, 178, 193. This Rep., 238.)

George W, Cashing, owned at Bath, Mo., C. B. Jewett, master. Seized at Sholbni
N. S., July 3, 1886. Released on payment of $400, alleged fine. (SenateEiDi
No. 217, Forty-ninth Congress, first session; II. R. Ex. Doc. No. 19, Forty-oinl
Congress, second session, pp. 142, 17S, 182, 184. This Rep., 262.)

C. B. Harrington, owned at Portland, Mo., John Freilick, master. Suized at SI
burne, N. S., July 3, 1880. Released on payment of $400, alleged line. (Sen
Ex. Doc. No. 217, Forty-ninth Congress, first session. This Rep., '2&i.)

Vessels seized iy the Canadian tuthorities on the charge of violating commercial or Mij

laws or regulations of the Dominion.

W. D. Daisley, of Gloncester, Mass, Seized at Souris, October, 1886, on the charge til
one of the crew had landed flour at Canso in tho previous August. (TbisEej
p. 197.)

The Druid, of Gloucester, Mass., John McQuinn, master. Sailing under registerj
buy fish, not to catch, and having ou board no apparatus for fishing, wa8tir|
boarded by the captain of the Dominion cruiser Houlette, with armed imh, «
oncedetained two nights and a day nnder armed guard at Malpequeon acliaro
technical violation of customs regulations ; subsequently released. (This I
pp. 129-132.)

More Castle, of Gloucester, Mass., Edwin Joyce, master. Seized at Port Mulfjravej
the Strait of Canso, September 11, 1886 ;' stripped and held for an offense allej
have been committed in 1884. (This Rep., p. 217 et seq.)

Vessels detained hy Canadian authorities on the charge of violation of fishnj or tm

regulations of the Dominion of Canada.

Joseph Story, owned at Essex, Mass. Seized at Baddeck, Cape Breton, April 24, 1|

released April 25, 1886. (Senate Ex. Doc. No. 217, Forty-ninth Congress, P

session.)
Matthew Keany, owned at Bath, Me. Detained twonty-four hours. (Sen. Ei.

No. 217, Forty-ninth Congress, first session.) .

Hereward, owned at Essex, Mass., McDonald, master. Seized July 3, 1836, at uj

(Sen. Ex. Doe., No. 217, Forty-ninth Congress, first session; H. R. Ex. Doc.

19, Forty-ninth Congress, second session, p. 190.)
Everett Steele, of Gloncester, Mass., Charles E. Forbes, master. Detained in tlie

of SholbHrne,N. 8., 10th September, 1886, by Captain Quigley, of the Terror,!

boarded the Steele, took her papers, and put her in charge of a policeman m4

following da.y, when she was discharged by the collector. (H. R. Ex. D""*"!

Forty-ninth Congress, second session, pp. 52, 53, 54, 56, 153. This Kep., nm

Vessels warned off by Canadian authorities on ihe ground that they were about to nm
fishery or trading laws or regulations of the Dominion,

Annie If. (or H.) Jordan, of Gloucester, Mass., was refused entry at t!jjH',°9
Andrews, Now Brunswick, although licensed to touch and trade, i^}^'^ '
No. 19, -Forty ninih Congress, second session, pp. 15,171-172, 1/5-1' •
Rep., 163.)

AMERICAN FISHERY INTERESTS.

583

IjluHn ^- BraAley, Rattler, Eliza Boi/nton, and Pioneer, of Gloucester, Mass., were
I warned by the sub-collector of customs at Cunso to keop outside an iiuaginary line
drawn from a point 3 miles outside Canso Head to u poiut outside St. Ea^irit, on
the Capo Breton coast, a distance of 40 miles. Tbis lino, for nearly i ts entire cou-
tinnamo, is distant 12 to 25 miles from the coast. (H. R. Ex. Doc. No. ID, Forty-
uintii ConRress, second session, pp. IG, 42, 44, 48-49, 5a-r)7, 120-123, 1'JO-l'Jl. This

, Rep., IM, 19 J.)

|j.,^^j,'_ /}a«ard, of Gloucester, Mass., James McDonald, master; warned olF by cu8-

toms officials at Bonue Bay, Newfoundland, July 12, 1880. (11. R. Ex. Doc. No.

19 Forty-iiintU Congress, second session, pp. 20-27, 40-47, 140-147, 1&0-151, 187-

lti9.)
|uj,j5( of Gloucester, Mass., Alexander McEacbern, master; warned by customs ofll-

cialsat Port Amberst, Magdalen Islands, Juno 10, 188C, that if fresli bait was pur-

fhased vessel would bo seized. (H. R. Ex. Doc. No. 19, Forty-ninth Congress,

second session, pp. 40-47, 118-119-120, 146-147, 150-152.)

Vesaela subjected to hostile treatment by Dominion ojjloiala.

KitShilohmiA the Julia Ellen. — While these vessels were entering the harbor of Llv-
I erpool, Nova Scotia, Captain Qulgley, of the Canadian cruiser Terror, lired a gun
acroMthoir bows to hasten their coming to, and placed a guard of two armed ."uen
on board each vessel, which guard remained on board uutil the essels leftthe bar-
ber. (H. K. Ex. Doc. No. 19, Forty-ninth Congress, second ses,^.on, fp. 44, 122-23.
This Kep., 168.)

Jf«rio» Grimes, of Gloucester, Mass., Alexander Landry, master ; was In portof Shel-
bnrao, Nova Scotia, October 11, 188(i, under detention for alleged Infraction of cus-
toms regulations, and while so there Captain Qulgley, of the Dominion cruiser
Terror, compelled Captain, Landry to haul down bis (the United States) flag; upon
it« being nm up a second time Captain Qulgley wont on board the Grimes and hauled
the flag down with his own hands. (H. R. Ex. Doc. No. 19, Forty-ninth Congress,
second session, pp. 124-25, 153-63.)

It will be seen, from the correspondence and papers submitted by the

President, in his message on the subject, of the 8th of December last

lEx. Doc. No. 19, Forty-ninth Congress, second session), and from the

llestimoiiy taken by the eommittee, that some of these instances of seiz-

Ve or detention, or of drivir.g vessels away by threats, &c., were in

pear violation of the treaty of 1818, and ihat others were on such slen-

per ami technical grounds, either as ajiplied to lishing rights or com-

nercial rights, as to make it impossible to believe that they were made

ritlithe large and just object of protecting substantial rights against

■eal and substantial invasion, but must have been made either under the

ktimulus of the cupidity of the seizing officer, sharpened and made safe

]by the extraordinary legislation to which the committee has referred,

iliereby the seizing officer, no matter how unjust or illegal his proced-

|ire may have been, is made practically secure from the necessity of

makiug substantial redress to the party wronged, or of punishment

brelsethey must have arisen from a systematic disposition on the part

If the Dominion authorities to vex and harass American fishing and

per vessels so as to produce such a state of embarrassment and incou-

[eniencfl with respect to intercourse with the Provinces as to coerce the

ynited States into arrangements of general reciprocity with the Do-

BinioD.

Id respect of general reciprocity the experience of the United States
Boring the existence of the treaty of 1854 was such as to load Congress,
Vith great unanimity, to terminate it; and the experience of the United
ptate^s, under such so-called reciprocity as was provided for by the treaty
plSil, was such as to lead both houses, with very great unanimity, to
wininate that. Each of these instances continued long enough to show
Wly the general working of the arrangement. The great balance of
■ainand advantage appeared to be In favor of the Canadians, while the

"at balance of loss and disadvantage fell on the people of the United

584

AMERICAN FISHERY INTERESTS.

Indeed, tlio troiity of 1871, ho far us it related to the fishories itc
WUH based upon tlie idea that the rifjht of American flshc^nnoii to lisll
wiihin 3 miles of the Dominion wliorea was of some coiisiderablo valiu-
which the United States thought would bo fully compensated l»v admit-
ting Dominion fishermen to the waters of the United States anil admit
ting their fish free of «lnty. Notwithstanding this, by the inotliods and
results of settling the bahinco of iiecuniary advantages by tlio Ualil'in
Commission, the United States paid on the award of tliat Oo-missionl
(waiving the serious question of its irregularity) $5,5()(),()()0. So stroii"
was the opinion of the United States, even at that time, that this award
was wholly nnjust in fa(;t that it is understood that steps were taken to
invite the British Government to terminate the fisheries clauses of the
treaty of 1871 immediately and before the positive period of ten years
had expired, but it could not be accomplished. 1

From the investigations made by the committee during tbo last sum I
raer and fall, and as the result of the great mass of testimony taken by
it and herewith returned, the committee believe it to be clear, beyond
all dispute, that the right to fisk within three miles of tbo Dominioal
shores is of no practical advantage whatever to American lisUermen.i
The cod and halibut fishing has been for many years almost entirelj-j
carried on at long distances from the shores, in the deep waters, oiij
banks, «&c.; and it is believed than were there absolute liberty for Amerl
leans to fish, without restriction or regulation of any kind, within tliroej
miles of the Dominion shores, no such fisherman would ever think of
going there for the purpose of catching cod or halibut.

As regards the obtaining of briit for this class of fishing, the tcsti-j
mony taken by the committee in its inquiries clearly demonstrates tbati
there is no necessity whatever for American fishermen to resort toCauaJ
dian waters for that purpose. Clam bait is found in immense quautil
ties in our own waters, and there have been instances, so freqneutandj
continuous as to amount to a habit, of the Canadians themselves resort!
ing to American waters or ports for the purpose of obtaining it. Tliel
squid bait is found on the very banks where the fishing goes on. Su
that the instances would be extremely rare when any Ameiicau fishing
vessel would wish to resort to a Dominion port for the purpose oi buy|
ing bait for this kind of fishing.

It was also proved before the committee that, with the rarest oxcepi
tion, it would bo absolutely injurious to the i)ecuniary interests of all
concerned for American vessels to resort to Dominion ports or watersj
except in need or distress, for the time taken in such departures from
the cod and halibut grounds, or from direct sailing to and from thcii
is so great that, with or without t;ho difference of port expenses, tini^
and money are both lost in such visits.

In respect of the mackerel fishery the committee finds, as will be seel
from the evidence referred to, that its course and methods bavooflatj
years entirely changed. While it used to be carried on by vessels tisl^
ing with hook and line, and sometimes near the shores, itisnowalmoi
entirely carried on by the use of immense seines, called purse seines, (T
great length and descending many fothoms into the water. This jre^
is very exi)ensive, aud a fishing vessel does not usually carry more tlial
one or two. The danger of fishing near the shore with such seines is j
great, on account of striking rocks aud reefs, that it is regarded as es
tremely hazardous ever to undertake it. Besides this, the large school
of mackerel, to the taking of which this great apparatus is best adaplej
are almost always found more than 3 miles from land, either in grft
bays and gulfs or entirely oat at sea.

AMERICAN FISHERY INTERESTS.

585

Tbero will bo fotuul accompanying this report (see Appenilix) stato-

1 ments showiiij? tbo total catch of mackerel during certain years iiiid Mio

Lartsof tbo seas where they have been takeu ; and it will also bo seen

from tho evidence that in general the mackerel fisheries by Americans

iathcGulf of Saint Lawrence and in the Bay of Ghaleur have not been

remuiicrativo.

Iq view of all these facts, well known to the great body of the citi-

IttMofthe United States engaged in fisheries and embracing every va-

Iriety of interest connected therewith, from the wholesale dealer, vessel-

jowucr, ami outfitter, to that portion of the crow who receive the smallest

Ifhareof tiio venture, it must be considered as conclusively established

Itbat there would bo no material value whatever in the grant by the Brit-

lish Government to American fishermen of absolutely free fishing; and

lintbis conclusion it will be seen, by a reference to the testimony, that

lall these interests fully concur.

It will also be noticed, on reference to the evidence, that it appears to
jilioff that when by force of the treaty of 1871 Canadian fish, bot' salt and
h, were admitted to the markets of the United States free of duty,
JDofall of prices to the consumer took place, and that the abrogation of
Itliedaty simply redounded to the advantage of the foreign fishermen or
[the foreign dealers in fish exporting the same to the United States ; and
kbatwhen, on the Ist of July, 1885, the duty on salt fish was revived,
BO part cf this duty was borne by the consumers in the United States,
bd that tbo cost of fish in the United States was not at all affected.
it would follow that the Gums received into the Treasury from these fish
jdaties were paid and borne by the Canadians alone. A parallel instance
salso found, on reference to the testimony, in the statements of gen-
flemen engaged in exporting salt fish from the United States to other
Mantries where duties are imposed, these gentlemen stating that the
|iity thus imposed upon fish came out of their pockets and not out of
ilie pockets of the foreign consumers.

As regards commercial and other friendly business intercoure bw-

leea ports and places in the Dominion and the United States, it is, of

joarse, of much importance that regulations afiecting the same should

1 mutually reasonable and fairlj-^ administered. If an American ves-

|el should happen to have caught a cargo of fish at sea a hundred miles

istantlrom some Canadian port, from which there is railway commu-

licatiou to tbo United States, and should be denied the privilege of

ping and shipping its cargo therefrom to the United States, as the

anadians do, it would be of course a serious disadvantage, and there

i,it is thought, nothing in the treaty of 1818 which would warrant su(!h

oexclnsion. But the Dominion laws may make suCh a distinction, and

lis understood that in fact the privilege of so shipping fish from Ameri-

jaa vessels has been refused during the last year.

litis also inconvenient and injurious that American vessels of any

practer, whether engaged in fishing, or licensed to toucli and trade,

Tpurely mercantile vessels, should be unable in cases of occasional

?!«S8ity to resort to Canadian ports for the purpose of buying supplies

[any commodities that the ordinary laws of the Dominion allow to be

lorted at all. Several instances of such injurious and unfriendly

iion appear to have taken place.

Pe treaties between the United States and Great Britain on the sub-

tof intercommunication and the rights of the citizens and subjects of

B one in the ports and territories of the other have not included the

ptish dominions of North America (with possibly certain exceptions

jto intercourse by land), and such intercourse, strangely enough, still

58G

AMERICAN FISHERY INTERESTS.

remnins the Hiibjeofc of loffi«lation moroly in the two countries. SacJ
legislation to l)o toIeral)Io lmls^ bo inntimlly frioudly and reciprocal and!
Iav78 upon the subject must bo adininistere*! fairly and ffenerouslyamll
not in a spirit of carping at small matters or in any other wiso In aa|
unfriendly way. The committee is pained to believe that sticli luw not!
been tlie course of British legislation or of administrative pracMce. ]

In view of all that has taken place, the committee thinks it to bo tlijl
duty of the United Staces, in a Arm and Just way, to protect ami (iJ
fend the just and common rights of tiio people of the United States!
whether fishermen, or traders, or travelers, or all, by all siicli ineaHiircuj
as may bo within our power. The measures the committee propose tol
this end rest upon a principle universally recognized as right ami nccesi
sary in the intercourse of nations, and it has often been resorted to!
one form or another by many nations.

It is recommended tliat the President of the United States he itiveste
with the power, and that it bo made his duty, whenever ho shall he nat
isfled that ni^ust, unfair, or unfriendly conduct is practiced by tlio Brit-
ish Gove-nraent in respect of our citizens and their property within [hi
ports or waters of the British dominions in North America, todcuyta
the subjects of that Governraont in British North America and theii
property, or to any classes of them, such privileges in the waters auj
ports of the United States as he may think proper to name, and tof
pend in respect of such vessels or classes of vessels or such property
or classes of property of the subjects of such Government the righto
entering or being brought within the waters or ports of the Unit»
States, so that he shall be able from time to time, as each eraerKond
may arise, to preserve the intercourse between the United States anl
that Government in a state of fair equality. The committee therefor!
recommends the passage of the bill (S. 3173) herewith reported.

The committee also recommends that the papers, documents, an
maps herewith returned be printed.

AH of which is respectfully submitted.

GEO. F. EDMUNDS,
For the Commitk.

|49th Congress, 2d scaalon, S. 3173.]

A bill to authorize the President of the United States to protect and defend the righti^
American fishing vessels, American fishermen, American trading and other retieU, in (
tain cases, and for other purposes.

»
Be it enacted by the Senate and House of Bepresenlatives of the United Statei of An
in Congress assembled. That whonever the President of the United States shall be J
isfled that American fishing vessels or Aniericau fishermen, visiting or being in tM
waters or at any ports or places of the British dominions of North America, are J
then lately have been denied or abridged in the enjoyment of any righta secured!
them by treaty or law, or are or then lately have been nnjnstly vexed or Larassedl
the enjofinout of sncli .ights, or subjected to unreasonable restrictions, regulationf
or requirements in respfct of such rights; or whenever the President of tbe UniM
States shall be satisfieU that any such fishing vessels or fishermen, having a petfl
under the laws of the United States to touch and trade at any port or ports, plawj
places, in the British dominions of North America, are or then lately Iiavc beenf
nied the privilege of entering such port or ports, place or i)lacps, in tlio samu maDiil
and under the same regulations as may exist therein applicable to trading vcsselij
the most favored nation, or shall be unjustly vexed or harassed in respect therr
or shall be prevented from purchasing such supplies as may there be lawfnllv'
to trading vessels of the most favored nation ; or whenever the Presideut on
United States shall bo satisfied that any other vessels of the United States,.*
masters or crews, so arriving at or being in such British waters or ports or pi*

m

AMERICAN FISHERY INTERESTS.

587

Lrtlii BritiHii dominions of North America, are or then lately have been denied any
|V[i,.,riviltign» thoroin aooon'.ed to the vossoIh, tholr inuatera or crewH, of the inoitt
Ibvop^il nation, or unjustly vuxod or haroHsed in roHpoct of the aanio, then, and in
liilber or ail of huoIi caaea, it ahnll bu lawAil, and it ahall bo the duty of the Proai-
(fenliif 'li* United States, in hi» diauretiun, by procluinatioa to that efloct, to deny
lenels, their inaNteri* and crowa, of the Britiah dominiona of North America, any
I „„ce into the waters, porta, or nlacea of or within the United States (with auci:
iMMp'wnsiii roKard to vosaela in Aiatrosa, atroas of weather, or needing aupniiea us
llo the President aliall aoem proper^, whether auch Teaaola shall have oomo directly
IfroDi »«i'l Jominiona on anch destined voyaffo or bjs^ woy of aome nort or place in
Imcb dMtinwl voyage eiaewhoro; and also, Ir ho think proper, to aeny entry into
lurportor place of the United Htatea of freah llah or suit fish or any other i)n)duct
lofaaid dominions, or other eooda coming from said domtuiona to the United States.
IThe President may, in hia discretion, apply Huch p-oola'nation to any part or to all
■of the foregbing-uamod subjects, and may qualify, limit, and renew such proctamu-
ItloDfrom time to time as he may doom noocHsary to the full and Juat execution of
llhe purposes of this act. Every violation of any such proclamation, or any part
Itbereof, is hereby declared illegal, and all veHsels and goods ao coming or being
Ifithiii the waters, porta, or places of the United States contrary to such ^)roclama-
ItioDDbailbe forfeited to the United States; and such forfeiture ahall bo ontorcod and
Ipmeeded npon in tiioaamo manner and with the same efloct as in the case of vessela
lot |!oods whose importation or coming to or being in the wateraor porta of thn United
|8t«tM contrary to law may now bo enforced and proceeded upon. Every peraon wh<'
lilull violate any of the provisions of this act, or such proclamation of tho President
luixie ill parsnauce hereof, shall bo deemed guilty of a misdeoieanor, and, on convic-
Ition thereof, shall be punished by a flno not exceeding one thousand dollars, or by
linpriBODment for a terni not exceeding two years, or dj both said punishiDODts, in
Itltediooretion of the court.

AMERICAN FISHERY INTERESTS.

IF THE SENATE OP THE UNITED STATES.

Testimony taken by a suhcommittee {consisting of Senators Edmwvh,
Frye, and Saulsbury) of the Committee on Foreign Affairs, under tk j
folloioing resolutions of the Senate, of the 25th of July, 1886:

Resolved, That, the Committee on Forcipn Eelations ho, anu it hereby is, instructed 1
to inquire into the rig, its of American fishing vessels and merchant vessels w itbin I
the North American possessions of the Queen of Groat Britian, and whether I'Dy I
rightsof such vessels have been violated, and, if so, to what extent; thiit said coni- :
mi<^toe report upon the subject, and report whether any and what stepb aro nece«iry I
to be taken by Corgress to insure tho protection and vindication of the rightsof citj
izeus of the United States in the premises; and that said committoo Lavopow.rloj
send for persons and papers, to employ a stenographer, and to sit during the rcccssof j
the Sena+o, either ac a full committee or by any subcommittee thereof, acd thatanyl
such subcommittee shsli for the purposes of such investigation bo a committee of tliel
Senate to all intents an<;l purposes.

Resolved, That the necessary ex]ienses of said committee in "aid investigation bel
pai'i out of the appropriation for the raiscoUaneons items of the contingent fund ofj
the Senate^ upon vouchers to be approved by tho chairman thereof.

TESTIMONY OF GEORGE H. WATTS.

Boston, Mass., September 30, 1886.

GBOKGB H. WATTS sworn and examined.

By Senator EDMUNDS:
Question. What io your ago? — Answer. Forty-niuo last April.
Q. Where do you reside? — A. In Charlestown, Mass.
Q. What is your occi^pation ? — A. Wholesale tish dealer in Bostoi|i
Q. How long have you been in that business? — A. It will be seventwij
years the Ist of December coming; I think that is about tbo time.

FRESH FISH.

Q. Do you deal in both salt and fresh fish?— A. No, sir; oxclii<ivelJ
in fresh flsh.

Q. What kinds of fresh flsh chiefly ?~A. Cod, haddock, halibut, maa
erel, blueflsh, sword-fish, hake, cusk, pollock, and flounders. Those iin
the principal fish we have. Of course we have eels and j/crcLau^
all those small fishes, that we deal in to a small extent, m well
herring in the winter.

AMERICAN FISHERY INTERESTS.

589

Q. About bow many diflfereut vessels* iu rouutl numbers, copie to
deliver tbeir catch to you in a season!

The Witness. That is, taking in all varieties of lishT

Senator Edmunds. AI' varieties.

A. I sbould say at least four hundred. You will understand, gen
tleineu, tbat I don't mean to say that they run continuously, but we
lave that many different vessels.

Q. About what would be the average number of persons employed

jii a vessel, including captain and all hands? — A. They will average,

I should aay, fifteen men to a vessel; some will not carry more than

I twelve, while others might carry twenty; I don't think the average

I woald be far from fifteen.

Q. What portions of the seacoast — and by "coast" I mea;i all the

Jauks from the south to the extreme northeast — do all those vessels

Lyjrf—A. They cover all the fishing territory between the North Bay,

• Nova Scotia, and the Grand Banks, Georges, and all the intermediate

[fisbinjr grounds to the south of us.

Q, How far south does that go? — A. They go as far as Pollock Rrp
laud Cape Hatteras. Perhaps I may be in error about that ; I refer, of
Iconrse, to the southern border of the mackerel fishing.

Q, What is the southernmost trip taken by any vessel that comes to
lyouheret— A. Cape Hatteras. Fishing is only of short duration in
jthe spring.

EXTENT OP FISHERIES.

Q. About how many, should you think, of these different vessels fish

|it some time during the season in waters to the north and east of

United States territory? — A. I should say at least two-thirc'.s of the

ithole fleet during the year. Perhaps I can explain that a little further,

) that you will understand it more readily. Some parts of that fleet

till go in the winter after frozen herring; many of them will go down

^hat is called Fortune Bay and Bay of Islands; others will go down

(Grand Manan, opposite Eastport, Me.; then there are others that

ithe spring of the year will go off on some of tho&e grounds adjacent,

fter codfish, on what is called the Cape Shore; Cape Negro is another

they make ; and others, of course, will go on to the neutral

[rounds, the Banks. The mackerel fleet will go all along the northeast

»ast down as far as North Bay. I think that is about tne terminus.

fliey also catch some halibut in those waters.

FISHING SEASONS.

[ Q. What is the mad ATel season in those waters 1 — A. Generally from
'«at the Ist of July until the 1st of September ; that is what they
1 the mackerel season, but they often catch them later. They have
Ngiit them this year until the last part of September.
IQ. What is the halibut season up there? — A. On the Banks that is
perally the year round. Of course they catch more in the summer
N ill the winter, but when the weather is not too boisterous they go
Nyoarrouud.

vl Are any other kinds of fish taken there except mackerel and hali-
F- Yes; they take salmon and some shad. I suppose you would
Pt call them ocean t'sh, although many of them arc caught in the

FISHING LOCALITIES.

^Theyaro caught within three miles of the shore line!— A. Yes, sirj
■^atinany salmon are caught in St. John Harbor.

590

AMEBICAN FISHERY INTEBESTS.

Q. You do not get any s&lmon or haddock to speak of in tho»
wateil3? — A. No, sir; I don't think tliey get any haddock down tkn
CO speak of; they may get a few around Digby.

METHODS OF TREATMENT.

Q. The codfish our people catch> up there are salted there, are thei
not? — A. Yes; most of them are cured in the vessel. 1

Q. Is not that true also of mackerel f — A. Yes, sir; though uo mackl
erel come from there except by steamer. We have had one steamer]
called the Novelty, that has run four or five courses. She was
for that business, and generally runs four or five trips.

THE CASE OF THE NOVELTY.

Q. The Novelty is the vessel, is she not, about which there hiis beei
some difficulty ?— A. There has been some contrqversy; I hardly t
there has been any difficulty. Captain Jones says he has not
molested to any extent, but they would not allow him to land to gej
coal. They claimed that coal was not provided for by the langaagee
the treaty allowing vessels to land for wood, water, shelter, and t"i,
pair damages. They claimed that wood and water were all that rfai
allowed to be landed for under the terms of the treaty, and they woalj
not allow him to take in coal. He tried to land on the Magdalen Island
for coal, claiming that that was neutral ground, but they would not allo^
that.

Q. Is Boston the home port of that vessel? — A, No,. sir; her hoa
port is Portland.

THE THREE-MILE LIMIT.

Q. Tell us what you know and think as to what proportion of tbeJ
fish, before the expiration of the last treaty, were caught within tlj
three-m^le limit, saying nothing about the headland question.— A.
have made some inquiries at dift'erent seasons in regard to the fid
caught within the three-mile limit, and although I do not speali by i\
thority, yet, as nearly as I can ascertain, the amount of iish caughtda
ing the term of the last treaty, twelve years, did not exceed $764,0
worth in the markets.

By Senator Frye :
Q. Do you mean as sold in the markets? — ^A. Yes; that was
market value.

By Senator Edmunds:
Q. What do our vessels have occasion (supposing they are not to J
inside the three-mile limit) to go inside for?— A. A vessel might get o
of ice when fresh fishing, or it might get out of stores, or water,!
something of that description. Aside from that, nothing butstressj
weather, I should suppose, would drive them in.

BAIT.

Q. How is it as to the question of bait?— A. Of course that is ac
tingency to be looked at; still I think there is no trouble about ourj
sels getting all the bait they want in our own waters, if tlio Canaa|
ports were closed entirely so that they could not go iu there ataU.

AMEEICAN FISHERY INTERESTS.

•591

Q. Take mackerel, for instance; what is the bait used for them? — A.
Ilhevare not taken witL bait, but -with seines.

I Q. The great mass of mackerel are now taken in purse seines? — A.
I Yea; you might say the ontire lot.

Q. What kind of bait is used for halibut? — A. Herring to some ex-
Itent, but squid almost ontii'ely. Sometimes they take out salt bait if
Ifreshbait is not plentiful. My theory in regard to that subject in that
jourvessols have been so used to go into Canadian portR for bait because
Itheycau get it there so cheap, that it has done away with them taking
la supply of bait with them when they sail. They are afraid to go for
jbait, for fear they cannot find a market for it. I think herring can bo
Itaken in our own waters all the year round.

MENHADEN.

Another important point in that connection is the menhaden question.
Ilf onr Government would look at that question as we look at it, and
Iprohibit those steamers from catching menhaden for oil, which Jias
riven them off of our shores almjst entirely, we would have plenty of
menhaden all the time. But these steamers begin in the spring and
jeatcli them at all seasons, and grind them up for oil, and that has a
IstroDg tei dency to drive the menhaden from our shores.

By Senator Fete :

Q. Are they good bait? — A. Splendid bait.

Q. You would prohibit that entirely? — A. I don't know as to that.
Bat it seems to me really that if this controversy is going to continue
letween the two countries in regard to tlie fisheries, we ought to use
[every endeavor and evory resource we have to procure our own bait.
(Steamers go out and catch menhaden and porgies expressly for
^il purposes; the steamers are built for that purpose; they take them
1 large quantities, and have done so for years, until the last year or
TO, when they have scarcely been able to get any. They take all that
iones along and grind them up for oil. Our fishermen of course have
) go without that bait, from the fact that they cannot find any. If
lomething was done by legislation to prevent those steamers from catch-
ing menhaden for a certain length of time we would have them back on
pr shores.

By Senator Edmunds:
Q. Would not the effect of what also be to bring in the olueflsh, mack-
eUndall other shcT*e fish? — A. I should not be at all surprised if
ki would have some e^ect o those other fishes. We now get almost

^oblueiish.

BAIT.

Q, What kind of bait is found on the Banks and up to the northeast? —
M do not know reallv in regard to that. I think you will get more
Koraiatiou on that subject at Provincetown than I can give you, as T
(ave never been engaged in that kind of fisherj'. I suppose, however;
Ntbey use the same bait that wo do in our business — squid, herringj
«(1 those small fish.

i Q. Are the codfish taken with salted bait?-
Nte salt bait.

IQ. They have salt enough in the sea for their purposes ? — A. Yes.
wydo not bite herring even as well as ibey do squid.

-A. They are very loth to

592

AMERICAN FISHERY INTERESTS.

THE MARKET FOR FRESH FISH.

Q. Where do these great quantities of fr esh fish go that pa&s tbrough ^
the hands of yourself and your fellow-dealers hero in Boston f-A I
They are shipped all over the country, fsir and near. We ship them as j
far west as Saint Louis, and even at times as far as Kansas City. We
ship them all through the western part of New York, to Michigau
Wisconsin, and through +ho Canadas, and north through our own east
ern and middle States.

THE THREE-MILE LIMIT.

Q. Can you tell me in generpA what you think is the relative propor-
tion, say of mackerel, that, before the three mile treaty expired, wre]
caught within the three miles, to those caught without?— A. No, l|
don't think I can tell you perhaps as well as some gentlemen can at]
Gloucester on that point. My opinion, however, would be that llieJ
proportion caught inside would be very small ; in fact, according to thej
statistics, that must be so. Again, it is very seldom that our vesselsgof
down in the bay for mackerel when we have mackerel iuor^-owu \
The bay is regarded by our fishermen as the last resort for mackerei
when they cannot be taken nearer. It is only when the mackerel arJ
driven inshore by dog-fish or blaeflsh, or some of the larger fishes, thati
you can catch mackerel close to shore. They mostly keep out nnlesi
they are driven in by some fish obnoxious to them.

. Q. How would that be with the cod ? — A. I don't think that our menj
go there often for cod; 1 do not think there are many cod ou the shorej
down there; I never heard of many being caught alongshore; tbea
are mostly taken on the banks and out to sea.

Senator Edmunds. 1 know that the fishermen on the north sherd
of the Bay of Chaleur and along that coast go oflF into the bay as rauc^
as ten miles to catch their cod.

The Witness. Go down to Yarmouth, and you will find them outte^
to twelve miles from shore.

Q. Taking the results of your observation and information, wk
would you consider the real value to our fishermen of the right to f '
within the three-mile limit, saying nothing about the bal^ question ?-i
As far as I can ascertain, from talking with our most intelligent tislita
men, I think there would not be one dissenting voice if they were es
eluded entirely from the three-mile limit ; that is, that they should m
go within three miles of the shore; I do not mean within a liuodraffl
from headland to lieadland. The bluefish that are caught within till
three-mile limit are no account at all.

Q. Are not all the fish along our coast that amount; to anytbinj
caught outside the three-mile limit ? — A. Yes, pretty much.

duties 01% FISH.

There is one thing perhaps I ought to state in regard to the duties (
fish. I

Senator Edmunds. That has a bearing upon the international qnfl
tion, and we would like to hear your views about that. I

The Witness. I havo studied this question somewhat, and havefij
lowed the legislation of Congress with some particularity as far asitli
gone, and I have found that there was no one before the coumiiitie j
Washington to explain to that committee what effect the duties on I

AMERICAN FISHERY INTERESTS

593

from a foreign port would Lavo I'non the consumer. I
tbai Mr. "West and Mr, Blackford, of New York, and 1

think I saw
tbai Jlr. uesc ana xur. xjiacKuuu, oi xsew xoik, aiiu i think one or
I two ft'oi" Boston — I think Mr. Jones was ofie of them — stated to that
tommitteo that they wanted free fish becaut»e it would cheapen food-
folies to tlie consumer. In my opinion the result would bo entirely dif-
ferent. The imposition of a dollar a hundred as duty on fish coming
into our market would not have the effect to cheapen fish to the con-
I siiiiier. Everybody should understand the question as we see and know
I it to be. The retail markets all over the couutry — south, west, north,
.),ii) east— always have a stated price the year round for fish — a cei'-
tiiii price for codfish, for haddoci*, for halibut and for mackerel, and
Itliatis tlie price that they continue to have whether they buj' cheap o."
Iilear. Tliey buy, of course, at wholesale, like myself, as a rule. But
I whereas we rise and fall with the market, as the market is sustained by
(tlie quantity that is brought in, they have a steady price the year round.
Jlfthey iuc worth $1.50, the addition of $1 duty would make them sell
jfor^L'ioO. If there was no duty, they would sell for $1.50. But the
Itonsmner lias to pay the same price with '■•" without duty. The same
Iprinciple holds ,-ood with reference to cod . "liaddock. I think the
IpartieswLo made that statemeut before tue committee, that free fish
|wu!(l tend to cheapen fish to the consumer, were laboring- under a mis-
Ibike.
Then, again, there is another thing which is going to be of very great
importance to the Ushers off" our coast, if our Government gives them
llielree right to come into our markets with fresh fish as well as salt.
|lsa\ it' there is going to be duty on either let it be on l)oth. Duties
isiiltlish will not help you if you leave the markets o\wu for Iresh
(Esh, Ualifax, St. John, Montreal, and Quebec arH great railroad and
Keamboat centers. Now, if fish are allowed to come into our country
peit will bo the easiest thing in the world to distribute those fish from
lie first of November to the first of April from all those points all
llirough om- country at a good deal let5S price thau we can buy '.;jMu
Hrom the vessels and at a less price than our vessels can afford to
jatcb them for.

FEESH FISn SHIPPED TO THE WEST AND SUBSEQUENTLY CUBED.

Illie duties on salt fish being so much, fresh fish might be shii)ped
rash to Chicago, and other points west, and there cured. How are
Wgoiugtostop it?

iQ. That is, they are shipped as fresh fish and cured afterwards? — A.
h] shipped for immediate consumption, according to the construction
itliclaw, but when they get there they are put into salt.

CANADIAN DUTY.

ITheCanadiaii (Jovernnient last summer passed a law imposing a duty

pieentsou lish, and yet I ship to Quebec or Montreal, having to pay

W,^ ^r 50 cents a hundred. I can illustrate this by stating a trans-

piou that took piace at Yarmouth last spring. Oue of our vessels

^tout liaddocking on the Georges and got blown out of her course.

You moan Yarmouth, Nova Scotia? — A. Yes; hi^ made port at

fiiiuiiih. lie had from 12,000 to 20,000 fish. Of course he did not

'"tto keep them while going back to the Banks, for fear of losing

ttii,iuul so he sold them in Yarmouth ; 1 think he got $92 or $0;3 Ibr

ptlie had. Before he got paid for them and got away the custom-

i folks came down on him and made him pay a little more for duty

8. Ex. 113 38

594

AMERICAN FISHERY INTERESTS.

tlian he got for liis fish. The purchasers boxed them up and sold them ■
here in the Boston market.

Q. The same identical fish f — A. The same identical fish.

By Senator Feye :
Q. Do you know what he got for them ? — A. I think it was $2.o6-
they were scarce at the time when they happened to come iu. It is 1
quite a large question, of course, but the interest at stake here allaloD"
our coast 1 think is large enough to justify our Government in taking!
hold of it with a proper degree of earnestness. We have $37,O()O,0(X)j
invested in our fisheries, and it seems to me wo have some rigiit to proi
tection at the hand of our Government.

NATIONALITY OF FISHERMEN.

By Senator Edmunds :

Q. What is the nationality of the majority of these fifteen or twenty]
men to the vessel who come to this port? — A. So far as I understand]
it 1 should say that they are about half Nova Scotiamen; perhaps the!
proportion is even larger than that. You can ascertain tiiat uiorej
dcUnitelj'^ in Gloucester. There are some very progressive men in!
Gloucester, and, it you are not acquainted with parties there, I cau givej
you the names of some gentlemen who are large owners, and wboaref
interested in the question accordingly.

Senator Edmunds. Before you leave the room, please write tbeiii
names down and give the list to the clerk.

The W^iTNESS. You will also be able, I think, to obtain mucli inforniaj
tiou at Portland.

THE fishermen's SHARE OF THE PROFITS.

By Senator Frye :

Q. What proportion of the estimjited price of fish do the flsberineoj
themselves get f

The Witness. You are speaking of our own fishermen and of fislj
caught in our own waters ?

Senator Frye. Yes.

A. To-day, for instance, the market is bare and prices are liigli
Haddock sold to-day as high as $5 a hundred.

By Senator Edmunds :

Q. Do you mean a hundred pounds, or a hundred flsli?— A. Ahuu

dred pounds. We paid $5 to tho fishermen, and we sell them for$5.5f

By Senator Frye :

Q. What does the retailer get? — A. Different prices in difien'i^
places ; 7 cents a pound is the price lor haddock, and 10 cents forco'

Q. What proportion will the retail price bear, on the average, tl
what the fishermen get? Will the fishermen get half ?— A. Oli, uo; r
suppose they do not get over one-third. As a rule the lishermeu gtj
within half a cent of what the dealers get, whether the price is liigli i
lov . Sometimes they get more than the dealers, if the dealers bappej
to buy too high.

^^^C'n FROZEN FISH.

Q. What do you know about the freezing processes that baveol
taiued in the last ten or twelve years?— A. I think they have beeuj
great detriment to the business.

AMERICAN FISHERY INTERESTS.

595

Q. Wluit are tlio processes?
lie Witness. You mean the way they are cured 7
Senator Frye. Yes.

A. The cold air acts on tbe lisli so as to presevve tUeiu, the same as
I salt does. Kelrigerating houses are built in which the fish are hung
on books uutil frozen. The interior of those liouses is intersected with
cold-air pipes, and over the top of the interior are placed ice and ialt.
[These pipes rnn into the freezing-room and reduce the temperature
[down to a point considerably below zero sometimes, but as a rule from
livetoteii above zero.

Q. How long can those fish be preserved in that way ? — A. Just as
Ijong as tbey can be kept from thawing.

I Q. Suppose a cargo of those frozen fish were to come from St. John,
bew Brunswick, in a car ?— A. When the weather is not too warm you
lean keep tbem all winter.
Q, Do you keep them in refrigerators ? — A. JSot in the winter lime.
Q. In the summer.they have to be transported in refrigerator cars ? —
|A, Yes; going west, they generally go in refrigerator cars.

Q. So that a cargo offish might arrive here in Boston in the suuuner
|ind be distributed all over the country ? — A. Yes.

Q. And be preserved for a considerable time ? — A. Yes. There is no
Itrottble abort keeping fisli after they are once frozen ; they will continue
|tokeep as long as they can be kept from thawing.

Q. 1)0 most of the vessels take ice ? — A. Yes, but the ice does not
[freeze tbe fish, it only serves to keep them.
Q. What do you do with them after you get them in the Boston mar-
iett— A. We take them out and put them in ice-boxes, and immediately
jihip them to the parties who order them.
Q, And you can send them all over the country ? — A. Not in the
mmmer time. It costs more to ship them in the summer than in the
rinter.

Q. What is the average time that they are kept fresli in the summer,

w the time they are taken up to the time they are consumed? — A. 1

ihould say about six days from the time they are taken frora the water;

|liatis, averaging right through, all kinds offish.

Q. Then it is six days after they are taken before the consumer gels

lem!— A. Yes, on the average.

I Q. In tuo w inter how long is the average ? — A. That depends on the
ate of tbe fish. Sometimes fish are caught in extremely cold weather
N the weather freezes them ; such fish you can keep a long time.
[isli that are brought iu in ice in the winter will not keep any longer
win the summer.

[Q. Suppose a cargo of halibut frozen comes into Gloucester ? — A.
>j do not come in frozen. You cannot freeze halibut with any ad-
[antage; that has been tried.

Q. Suppose a cargo of frozen hake comes to Gloucester ?— A. We may
ite frozen hake and put them into a freezer, but no hake are handled
«i» Boston. We have had cargo after cargo from ihe Grand Banks
the middle of January, and we had to keep them until the middle of
arch before they were cleared out.

V' You spoke of supplying the West as far as Kansas City with fresh
O; What time is consumed from the time those fish are taken o.t
'W they are consumed in Kansas City ?— A. Probably ten days.
"They can by their freezing processes keep the fish for months and
»ntii8 before tbey send them out?— A. Yes.
^' And supply the market as they i)leaso with frozen fish ?— A. Yes.

590

AMERICAN FISHERY INTERESTS

EXTENT OP FKESUFISIIING INTERESTS.

Q. Have you any idea as to the extent of the fresh-fish iwaiket iutlm
country ?— A. No, sir; I cannot give you any reliable information n-
cept as to our own market. Wo handle here in Boston about G0,000 (iOfl
pounds per annum ; that includes all kinds of fresh lish. '

CURING OF FRESH FISH AFTER LANDING.

Q. Your idea is that that item of our tariff law which says " flsh fresh
for immediate consumption " ought not to apply to any of these frozen
fish ? — A. Yes. I do not see why frozen flsh cannot go on the list as
cured fisTi as well as salt fish. They are certainly cured for preserva-
tion, are they not ? They are not cured for immediate consumptioi!.

Q. Suppose a cargo of halibut comes into Gloucester fresh, and is i
shipped from Gloucester fresh to Boston ; is there anything to prevent '
those fish being cured in Boston ? '

The Witness. You mean foreign flsh, from Nova Scotia If

Senator Fryb- Yes.

A. Well, no, sir; there is nothing that I know of. I did bear tLis j
summer of a Nova Scotia vessel coming in, and they had to pay Unties,
but i am hot sufiflciently versed in that matter to give any accurate in}
formation about it.

Q. Is there any way, under the present tariff law, which admits free J
of duty flsh fresh for immediate consumption, by which you can prevent
the landing of fresh flsh and their subsequent curing ? — A. I do not)
know any possible way. Take this case : We had shipped to us from]
Halifax on last I\Ionday's steamer betwc ju 113,000 and 114,000 mack-
erel ; they were bought at Halifax by telegraph. We buy mackerel acl
cordinj^ to their lengths, those from 13J inches up being considereJj
large. They telegraphed that the flsh were from ll| to 13i. We orf
dered them, and they were shipped. When they arrived we found thatj
there were 370 barrels of those fish that would not measure ten incbes.'
Those fish could not be kept 48 hours after they arrived here unless
there was something done with them. What was the consequcncef|
Those flsh were canned. Then we had more large mackerel tban »ei
could sell fresh. What were we going to do with them ? They cost usj
a high price, and we could not afford to lose them. We bought tliem
for immediate consumption, but the market would not take them. Then
were more fish than we expected, and we were obliged to salt those lisU
or throw them away. A man will not throw fish away if lie can savl
them, and so we salted them. I think that is a good illustration o|
how that law can be evaded.

PEOPORTION 01

FISH, FRESH, FOR IMMEDIATE CONSUMPTION.

Then, again, how can they make a man responsible for flsh bonglJ
for immediate consumption when be cannot sell them at all ? no\y caf
the law compel payment of duty in such a case? The object of thi
law, as we look upon it, is not to compel the American people to pffl
duties, but it is to make the people who ship the stock here pay tlieif
Is not that the construction of the law ? The fish come here for inini|
diate consumption, and we have either got to be at a loss by throwini
them away, or salt them, and it seems to me that under such circna
stances it would be pretty hard if we were eortli)elled to pay diityC
them.

AMERICAN FISHERY INTERESTS.

507

Q. nave you any idea what proportion of ttsli, tlie year roiiml, brought
iiifrosli foriiniiKMliato consumption, aro really Hubsequently canned or
^l,I.^.,^ f_A. No, sir; 1 could not j;ive you any direct inlbrination- 1
know of many lots, and there are many lots ii;o\ug to other places. There
must be quite a large percentage that are subsequently cured.

Q, Do you know of anything which ]>revents a Canadian coming into
port with a cargo of fresh llsh, admitted free, and the whole cargo being
cured subsequently ? — A. No, sir; 1 do not iKnow of ajiy law now exist-
iii" thatcau conipel a dealer in Gloucester who buys a. cargo of iresh fish
Irom a Cauadian vessel, and cannot use them fresh, from salting them;
nordo I know of any law that can compel the payment of duty, if the
vessel is allowed to enter and sell her fish, by the man who buys the fish.

EFFECT OF DUTY UPON THE CONSUMER.

Q. You spoke about the price not being changed by the duty. You
Uero in buNiness before the treaty of 1870, weiciti business during the
existence of the treaty, and have been in business since it expired ? — A.
I Yes.

Q. Did it have any effect upon the price to the consumer? — A. No, sir;
lot a particle.

IpEOPORTION of DUTY PAID BY FOREIGNERS AND BY AMERICANS.

By Senator Edmunds :
Q, What proportion of this fish duty, while in operation, do you think
\khon the foreigner, and what proportion on the buyer from the ship 1
The Witness. The fresh fish, you mean?
Seuator Edmunds. Yes.

A. 1 do not think there Is any falls on either; I do not think there
Ihasbeen any duty paid on fresh fish. So I say that is where the law
jworked badly.
Q. Take the salt fish ? — A. With reference to salt fish, I don't see

the duty has made one cent's difterence to the consumer.
Q. That is what you stated ; but suppose.there is a duty of half a dol-
Ik a hundred, who pays that half-dollar? Docs it come out of the
profits of the wholesale dealer, or of the man that brings them in ? — A.
|t tomes out of the foreigner who brings them in, because he has to pay
iednty before he lands, and then he has to sell his fish at the market
fcrice here.
Q. You cannot see that part of it would be a contribution that the
gealer makes, and the other part would be a contribution made by the
liermen ?— A. Well, I don't see how that can be ; I don't see how the
fealer can contribute.
Q. Does not the man who brings iii the fish'say to himself, "Now,
Mtlhave got to pay half a dollar a hundred on these fish, I must
Mrge the dealer a quarter of a dollar a hundred more than I otherwise
Nd"!— A. I don't think that would hold water; I never saw a fish-
™an that wouldn't ask all that he could get, duty or uo duty.
Q. Do you know whether the wholesale dealers in oalt fish have paid
Jy more on the average since the duty revived than before ? — A. I
mk they have bought them for a great deal less. I think the duties
^ttheOaujvWpn people will pay oi; the flish they take out of their own
»ple.

r,98 AMERICAN FISHERY INTERESTS.

PRICE OP OODPISn AS AFFECTED BV THE TREATY OF 1873.

Q. What was the avoniffo i>rico of codfish at wholesale durin" thel
cxisteuco of the treaty of 18731— A. I can't give you tlio exact ll'^ires'
but Georges codfish ran all the way from $3.75 to $7 i)er quintai ami
Ban& fish in the same proportion, only a little less ; they don't brin^
quite as much. *

Q. Since the treaty terminated, how was it ? — A. Since the treaty ter
niinated fish have never been so low as they have been in the last three 1
years, on account of the market being glutted all the time; there basl
been more than could be consumed. Georges codfish have sold as low]
as $3.25, and Bank at $2.75, and I have known them to Hell as low a J
$1.25.

Q. You say the market has been glutted! — A. Yesj there has becDl
either less demand or more fish, I don't know which. I think thedef
mand for salt fish has fallen off a great deal, from the fact that tliej
canning business has increased and the facilities for shipping fresli faiij
have increased. Of course there are only about so many fish consiiiiiwli
of all kinds, and whichever kind increases the other kinds will bedei
creased to that extent in the quantity sold. It is my opinion that the]
increase in canning fresh fish has been detrimental to the sale of 8alt|
fish and has decreased the quantity that would otherwise have hwj^
salted.

EXPORTATION OF FRESH FISH TO CANADA.

By Senator Frye:

Q. During the winter months of last year how large a sale of frcsl^
fish did you make in the Canadas? — A. I should say about 38 tons i)ej
week.

Q. Howlarge during the summer months? — A. In the summer montli
I should say about 10 tons or 20,000 pounds a week.

DUTY.

Q. On all that you pay a duty of how much ? — A. They pay tbedutj

Q. There is a duty? — A. Yes, sir; of about 50 cents a hundred o|
fresh fish.

Q. When you send it there you pay the duty? — A. No, sir; theypaj
their own duty.

Q. That duty is 50 cents a hundred? — A. Fifty cents a hundred.

By Senator Saulsbury :

Q. Is that an import duty? — A. It is an export.

Q. If you export them they are subject to the Canadian duty, aretbei
not ?— A. We never had to pay it; they have always paid their owndj
ties. We telegraph the price of our markets in the morning, audtliff
know that they have got to pay half a cent duty op it when they boj
We ship at that price, and they pay their own duties.

By Senator Frye :

Q. But there is a duty on all fresh fish shipped to Canada, under tbel
tariff law?— A. Yes 5 a duty of fifty cents per hundred pounds. j

Q. Of course that exportation is all to the Upper Canadas?— A. M(j
treal and Quebec.

Q. Do you send there any cured fish ?— A. Very little ; once iu a jvj
just a little J not enough to take any account of. I think you wiUr

AMERICAN FISHERY INTERESTS.

599

that at times thoy send some from GIouccHter, ami I rather thiuk from
Portliiiul also; if I am not greatly mistake!), Jolin Loverton sent some
cousideriibio quantity of salt fish there.

CLOSE TIME.

Q. Tlieic is j^»ending before Congress a i)roi)08ition to make a close
tiiiieoii niiu'kerel, from March, 1 think, until the middle of June or first
pf^i,lYf_A. The first day of June-
Q, You have had pretty largo experience in dealing with mackerel;
wbiit is your opinion of that proposition? — A. 1 think it would redonnd
totlie benefit of the fishermen, the dealers, the vessel owners and all,
more thau most anything that could be done, from the fact that the
mackerel caught in the spring are of very inferior grades. They are
caught from the time they start from the GulfStreamandare destroyed
bytheseiues. The schools are broken up, so that the fish are driven
off, ami by tlic time the fish reach their destination they are to a large
esteut uuilt for food, and they only cumber the ground, as you may say,
and take the i)lace of nice stock that could bo sold if they were not in
tlie market. A close time would also give the mackerel a chance to get
I back on their old spawning ground where they used to spawn years
ago. I cau not find any one who disagrees with me on all these points
with the exception of two or three parties in New York. This testi-
mony is going to be confidential, I understand, but 1 would not like to
iiako any more statements, on account of New York, for I deal very
kavily in New York. Mr. Blackford, who is one of the fish commis-
sionftisiu Now York, is a large retail dealer, and very much interested
about getting the first fish of the season. Then there are two or three
firms that sell on commission, to whom the largest part of the fleet
always consign their cargoes for that market, and they sell for 12* per
cent, commission, so that of course all the fish Aiey can handle is for
I tbeir pecuniary benefit.

Q. What time do you say the mackerel spawn ? — A. As far as I can
[learii, from about the middle of April to the end of May.

Q.,Aud you would interdict fishing during the whole spawning sea-
Isont-A. Yes ; I think such a measure would bo of great benefit. The
linackerel begin to get in good order and become healthy about the Ist
lof June. 1 do not think any fish is so healthy in the spawning season
I as afterwards. Then, if we could have close time, it would make the
j market better, the people would be better pleased with the fish they
jbay, aud there would be more general satisfaction.

Q. So your opinion is very decidedly that both consumer and fisher-.
Imau would bo benefited by a close season ? — A. Yes ; that is my idea,
Ibecause the fish are not good in the spring. I have known millions to
Ibe taken in the spring, and I have known thousands of them to be
jcarted through the streets so nearly decomposed that their entrails
here hanging out. This practice is something that we here have been
Italkiiig against for years and years. The fact is just this, and anybody
iKiuseeit: They never used to think of going south any further than
po Man's Land for mackerel, and ihen about the time they had got
jtbrongh spawning ; but one would become a little more energetic than
pnotber aud go farther south, and that has been kept up until they
^ave gone south of Cape Hatteras, and of course the further south the
"orerthe fish are. In consequence of going so far south the percent-
i'i of large fish taken has been reduced from 5G down to 6. The per
outage of larere fish in our catches of mackerel the last two years has
otbeen far from 6 per cent, while in 1868 and 1869 it was 56 per cent.

coo

AMERICAN riSUERY INTERESTS.

1

Q. You chiu'fyo tJiat rtMluction to takinj? tlieru in tlui H|»iiwiiiii"m.a.|
bom! — A. Yes ; I ciiiinot think ot'uny otluT ivason tor it.

Q. Do you know w^iat is tlio k<"»'I'J»1 fooling in regard to tlmt iikiihm
Hition ainon;; the men who arc (U'aling in t\n\i and anion^' the tlslurniinj
tliemHt'lvcst — A. I (lan tdl you in rogard to our folks Irto. We iinj
un UHHoijiation, called the Fiesh Fiwh Association, of whicli I am c! air
man. I called a nioetiuff of that association last sprinff for tlio cxiiivvsi
purpose of j^ettiiifj; the voice of tlui peoi)leon that <iuestiou. Wctoulvl
a vote on it, and the vote was unanimous in favor of hiiviiip; iiiliM
season to the first of June, and (here were forty-three linns repreticiiiil
in the nieetiug.

By Senator 8 AULbBDBY:
Q. You speak of the fishermen here. What is the opinion of iiiej
fishermen who are engap;ed, not in the same lino of fishing that yuiiri
are, but who are engaged principally in tho summer flsherios aloiigtlia
coast? — A. As far as I know I have not yet found a fisherman of anji
grade, with one exception, who was not in favor of a close season, anl
he was a Nova Scotiaman, one of those men who want to get alKiulol
everybody else. But the cod-fishermen, tho halibut, and blue-fislarJ
men, and all tho New York fishermen, are in favor of a close .seasoii|
because it helps them more, and by having it these poor niaekcrel an
kept out of tho market, and they have a better chance. I saw a icpori
that some New York gentiemeu had stated before some committee ni
Congress that New York vea^sels were largely engaged in tlio Npiinx]
mackerel catching. That is entirely erroneous; New York lias not oncj
all those vessels are from Gloucester, Portland, Cape Cod, and Bostoii|

By Senator Edmunds :

Q. That you know imsitively, from your business?— A. Yes; tbe^
haven't got a mackerel boat in their New York fleet.

PRICES OP THE EARLY CATCH OF MACKEREL.

By Senator Saulsbury :
Q. What is the difference in price to the consumer between tbcst; lis^
caught in the spring and those which are caught by yonr iishers ben
in the regular season ? — A. There is no difference in the price to tlij
retailers. I have seen thousands and thousands sold in Now York wlier
the same price was charged to tho retailers.

By Senator Edmunds :
Q. I understand you to say that yoa are familiar with the New Yor|
market. Have you sp at a good deal of time there ? — A. Yes ; I bav
spent ten conser.ttive sj rings there, and bought for dealers here,
eluding myself. I um u,s well acquainted in Fulton Market as in lio
ton, I think.

By Senator Saulsbury :
Q. Your opinion is that the spring catching does not luakc m
cheaper to tho consumer at any season? — A. Not at all. If, aslsai
before, the retail dealers vvouUl rise and fall with the market as ti(
wholesalers do, it might make adifterence, but where they have astate/
price it cannot.

By Senator Edmunds :
Q. And they do have that?— A; Yes. Go to our market to-day "J
inquire the price of mackerel, and you will find that they are from tbra

TESTIMONI

AMERICAN FISHERV INTKBE8T8.

noi

III live (imoH as iii(;li iiH wo hcII tlium. I oaiinot tUid iiiiy I'milt with that.
1 .lilor liiiM tr'>t to tjct coiiHidcnibly more than lui pays for thcrn in
jiilcr to livu ; iio liUH to drma thciu and gut thuui np lor huIo, un<l then

llierti' o"'y '**'** '"' «»wM't»i''> quantity.
Q. flu niiKst jtrovido for losses every day t — A. Yes.

METHOD OF SHIPPING.

By Senator Saulsbury:

Q. Mackerel always reach the country in ban els. Are they put up
latiiis market in that shape, or is that done by the dealers to whow
Umake your consignments? — A. They are put up by the dealers to

Mil we sell. Country dealers are generally supplied with barrels and
kjlf barrels. They will order cod, mackerel, halibut, and b'ueflsh all
J (inc package, and then they are ])Mt up in barrels. We ship 90 per
ml ol our Btoc^ in cases, about uOO pounds to the case, because we
Ibip altogether by wholesale. The llsh are put up iced in boxes and
tipped as freight. We use in our store from 35 to 50 tons of ice per
bfk during the summer season in which to pack those fish.

TESTIMONY OF CHARLES W. WBIOHTINOTON.

Boston, Mass., September 30, 1886.
ICHAHLES W. WEIGHTINGTON sworn and examined.
I The WiTNEsy. I want to say at the beginning that I come here very
tluctantly, but under special pressure on the part; of Mr. Morritt. I
lave felt in my mind that it is perfectly useless for me to attempt to
pence the thing the other way. for it has seemed to mo just as, if the
[bole trend was in a direction against reciprocity, whereas I am in favor
fit. We sent on a committee from Boston to Washington, but it seemed
as if it were a useless thing to do, in consideration of the way
at committee were met at Washington. So that I have found myself
kstin that position where it would seem that the only way out was to
pesome difticulty or some trouble come u^), and then ij; would find its
4 sulution. I certainly um in favor of doing justice to all people who
i interested in vessels; but it has seemed to rao all the time that if
Je) were to bo protected they ought to be protected in some other way,
(any other way could be devised. If I were interested in vessels I
Ippose I shonlil say thst because other people are protected I ought
] lie protected.

By Senator Edmunds:

ion. Will you bo good enough to tell us where you live! — An-
'tt. 1 live in Brookliue, Mass.

Q. And you are in business in Boston? — A. Yes, sir.
[Q. What is your age?— A. I am 47.

• What is your occupation? — A. In the wholesale fish and canned-
lis business.

,^. Salt, or fresh fish?— A. Salt.
{■ What classes of fish do you deal in ? — ^A. Every variety of salt-
to fish.

And canned fish?— A. Yes. Of course those are fresh fish, and
others are cured fish, 1 deal in no fresh fish except canned fresh

602

AMERICAN FISHERY INTERESTS.

CANNED FISH.

Q. Where do your supplies come from mostly? — A. 'Vhebulkofwhalj
we use are domestic fish. 1

Q. What kinds of fish? — A. Codfish, haddock, mackerel, herrine]
hake, halibat, and salmon — almost every variety offish. I

Q. Are all these kinds canned as well as cured with salt?— A. XoJ
sir; the principal fish which are canned and canned here are freslf
mackerel; fresh mackerel is about the only fish we get canned hen
Of course, we can tbem in a groat many different forms.

Q. For the domestic mackerel — that is, those taken iu Americaij
waters or off American shores — what is the mackerel season when vou3
fish come in to be canned? — A. The vessels sail southward, geueralll
along in March or April, for the fishing grounds, and they bring theii
in in the early part of the season, generally to New York .and sometime)
to Philadelphia.

Q. What time docs the fishing season begin that brings fresh mad
erel here to you to be canned? — A. Some seasons we have mack
brought from New York along in April, I should think.

Q. LTuladen at New York and shipped here? — A. Yes; and then l
the fish come farther along on our coast we get them iu Boston direci

Q. What is about the usual size of mackerel that .are canp'^Jf-4
Generally the small mackerel, mackerel that would be classed ac m^
dium No. 3.

Q. How long are they ? — A. From 10 to 11 inches, perhaps.

Q. And that is the chief canned fish ? — A. That is small macketd
Of course, we do can other mackerel when they are selling at a prid
that will enable us to do so. Last year when mackerel were soplenq
ful on our coast we canned larger mackerel.

Q. Do you can them yourselves? — A. Yes, sir.

Q. Do you put up cargoes or catches from what may be ciiUed Britij
waters, off the North American coast ?— A. You know we are b
to have fish fresh, so that we are dependent upon near-by places (
getting fish iu order to really have them fresh enough. For caunini
purposes we have to have them fresh, although now that they 1
this steamer they can bring fish from the British waters in time.

Q. By "this steamer'' you mean the Novelty? — A. Yes; there haij
beea fresh fish canned this year that have come from Nova Scotia.

Q. But all the canned fish of the mackerel kind are the small fisl
are they not?— A. Yes, generally, you can say that, with someexc^
tions.

FEEE FISH.

Q. Then how does the question of free Canadian fresh fish affect yoi
interests or the interests of those with whom you deal ?— A. It may j
feet us somewhat in our sale of these American sardines. We ftirDi^
capital to some of these factories along the coast of Maine, and
mortgages on them.

Q. But I am now on the mackerel question. — A. Ou tho macka
question, I should not think the matter of free fish would affect ns v^
much.

SARDINES.

Q. And what do you say about tho sardine business?— >^. Tli*'
tories engaged in the sanlino business, you understand, are up w
the coast of Maine, at Eastport, Joneaport, and along iu thatsecti

AMERICAN FISHERY INTERESTS.

fioa

Tbusi' li^li (onie to us already canned. We simi)ly act as agents for
Idiepi'oH^' *lowu there, and sell on commission.
Q. And tliey are always the small herring?-— A. Yes; the small

llierriuf;.

Q. Never the email menhaden or other kinds offish? — A. No, sir; I
loDderstand not.

Q. How many iactories do you. own along the coast of Maiue or else-
Ifbere for sardines? — A. Yor. go down to Eastport and they seem to
IkiDuumerable; I don't know actually how many there are, but ev^ry
Kharfbas its factory. Perhaps Mr. Frye is better posted on that sub-
jki, There are a great many fa'tories that are putting op these her-
ring or sardines.

By Senator Frye:

Q. Further and further east? — A. Yes ; and this way. Of course
iere are other factories all along the Maiue coast.

SALT FISH.

By Senator Ed.viunds :

Q, Do you deal in all kinds of salt fish? — A. Yes.

Q. Where do your salted cod usually come from ? — A. What we call
bickle-salted come from Provincetown. I suppose you understand the
listinctiou between dry-salted and pickle-salted; they are all cured.
h dry-salted come from Gloucester, a-nd also from Portland and along
|e coast of Maine; and then this year we have had cargoes of French
ish cured on the island of St. Pierre.

Q. Do the most of these codfish thafyou deal in come from those
lortheaetern waters?

The Witness. You mean from the Nova Scotia waters?

Senator Edmunds. Yes; and the British Provinces.

A. We have a great many fish from Nova Scotia; but, as I said be-
pre, the bulk of the fish wo use are domestic fish.
I SeD:;tor Edmunds. I am now speaking of salted fish.
I The Witness. Well. I am speaking of salted fish.

iHBEE-MILE LIM1;T.

I Q. Do you know, from your information and youi business, what pro-

prtionof the salted fish that you deal in {.re taken within the three-mile

nit?— A. That is a question that I cau't answer; I do not know. One

f<le claims one thing and the other another; I don't know what the

nth really is.

PRICE TO THE COifSUMEB.

[Q. How has the price of fish from the retail dealer to the consumer
!en affected since the termination of the treaty ? — A. At present it
jiiist be very much higher, becar>o this year the mackerel, the princi-
j"! fish that have been caught, have been very small in numbers. I
pin Europe six weeks, and I do not believe that there were 500 bar-
p of mackerel caught on our shores all the time I was away.
1 Q. How does the price stand as compared with two years go ? — A.

peoddsh

IQ 1 am now asking about mackerel. — A. I should say that it must
T^erymuch higher, because the prices have more than doubled this

r;oi.

AMERICAN FISriERY INTERESTS.

Q. What uro tho present prices of salted mackerel?— A. ^„.,
mackerel would l»e rated somewhere iu the neighborhood of $13 toil
per barrel of 200 pounds.

Q. And what was the price of salted mackerel two yours ago ?-a,
should think somewhere iu tho neighborhood of $4 or ijsS, perliaps.

Q. Can you tell us what tho retail price is now coiui.arwl witii

coiui-ared withw

years ago 1!
The Witness

You mean to the consumer?

Senator Edmunds. Yes. I go to my grocer and call for inackerelNo.l
or extra, or whatever you call itj can you tell me what 1 now payforsaci

A. I don't know; 1 could not say.

Q. Do you know what it was two years ago? — A. No, sir; Iu
not know what the retail grocer or fish dealer would get for bis laaci
erel.

Q. Then you do not know how the changed condition of things aitecl
the consumer himself, the mau who buys his fish to eat? — A. As a mi^
ter of actual knowledge I have not bought, ana so do not know. Bj
I can seethatif a retail dealercannotto-day buy mackerel from me und
$16 that I was selling last year at $8, he must charge a hightr pri|
for it.

Q. How much of this rise in price, if any, do you think has been(
fected by tho changed condition of things since the termination of I
treaty? — A. That certainly must have had its effect; how much Idoii
know. You understand that this year our vessels h.i ved ■ . uttlej
nothing along our shores; there has been a dead fall ', , audth
have had to go away up the Bay to get their mackerel, so tliat it 1
made a large shortage in the iimount of mackerel, and that lias cans
a very large increase in tho price.

DUTY.

Q. Take the question of duty. When there is duty on salt fish, wj
bears that duty ? Do you and the people you deal with, ' >oar it, or I
who eat the mackerel, and do they bear it all, or what part of it?--]
The consumer .nust bear it all, I should think.

Q. You think the producer of tho fish does not bear any partj
it?— A. If I get the fish I should say I have to charge uiy protit,
the man who buys from me has to charge his profit, and I should tli|
it would all come upon the consumer.

Q. Upon the purchaser? — A. Upon the purchaser and not uponi
seller. In consequence, of course, we have not suftered, because
have our prices established according to the prices we p?y.

EFFECT OF THE. TERMINATION OF THE TREATY.

Q. tWhen this treaty terminated you were dealing in iinported sail
fish? — A. Yes; and domestic. . j

Q. Did the prices instantly advance after that?— A. No; they Ml
advance. Of course, there are other things that come in to iuflueij
you know.

Q. I understand that, but I want tho fact.— A. The fact is that tj
was no advance; there may have been in some kinds of flsh, bnt|
general there was not, I think.

Q. Immediately after the 1st of July you paid precisely the «i^
price that you did before?— A. I think there was a large qiiantil^
codfish caught

AMERICAN FISHERY INTERESTS.

60.'

Q, 1 am not on the rGasoning about it ; I want the fact. — A. 1 was try-
lii/to think of the different articles, po as to answer your question. I
jiink tliat, oil a(!COunt of other tilings, the prices did not advance.
J Q. \\'\\o bore the difference of duty that was paid in that case? — A.
Idoirt think the flnh came; if they had come the parties in Nova Scotia
loald have liad tj bear it. Of course, yse know that in the long run it
jinstbavc atlected the price, but in the main it was not affected, as a
Eatter of fact.

; Q. Ill the loll J? run, of course, it affects some. What we want to get

It from your knowledge is which side of the liiie was affected— whether

uas tiio Canadian catcher and curer of fish, or whether it was the

[uierican purchaser and consumer — and one point in that would be to

now whether, when the duty was put on en the 1st day of July, when

Jiedaj before tbe price of cured codfish was so much, the wholosa?*^

rice in your market advanced or receded, or what happened. — A i

tok, as a matter of fact, that it did n^u advance because of the large

jtock of fish that was caught here, and those people could not send

girlish here in competition unless they stood the diity, and of course

ley would dropout of the business if they coilld not.

[4 Orolsothty would reduce their prices and make less profits? — A.

ky could not afford to do that. They would have to get out of the

isiness. But these people who desire protection certainly would feel

atthey would be protected with the duty on, and in the long run it

Jnotbethat the consumer must pay for it. The thing would have to

nlate itself in the end,

DTTTY.

[Q. What we are trying to find out is where, so far as y^u can under-
aud it, the actual burden of the impost duty falls in this case. For
kn years or so fish came in free, and now for a year and a little over
pyliave not come iu free, and somebody has had to pay the duty,
Itlie question is whether it was the catcher of the fish and the man
liic cured and dried it, barreled it, and shipped it, or whether it was
|D, the wholesale dealer, who purchased it, and whether when you
ircliased it you charged the daty to the retail dealer, and so on down
jitliecousunier, or made less profits. — A. Of course it does not come
ion us, because we sell according to what we pay ; so it does not come
m us. Where there is a largo stock — as, for instance, of codfish at the
ent time— the price is not affected at present by the duty, because
?r M!. alarge catch of codfish here on hand, and the price does not
" ';n the codfish, because there is so much of it caught.

lie price does not advance, then the Canadian — and I take that
hort one — is out of pocket 50 cents a hundred, or whatever
?— A. Practically they are not sending their codfish here.
IQ. There has been no importation since the 1st of July, 1885?— A.
V»ill uoi do to say no importation, but the present price is so lo\^, that
|f taimdians have been sending only special kinds of fish, which are
pe wbat wo call shore fish. The Nova Scotia shore fish are better fed
itlian those we get here, a better class of fish, and will bring a
wi price. Those are the fish we have beeii buying from Nova
Wia. hut an ordinary Bank fish, such as we get from Provincetown,
ii>)t bring so good a price. i

K Uidthe prices wh.ich you paid on these previous to the Ist of July,
^! advance by the amount of the duty ?— A. I should think so.
1 1011 being a dr.iler, do you not know?~A. I think so. If I had
Mjnnk before me I could tell just exactly what I did pay last year,
Udo not remember now.

606

AMERICAN FISHERY INTEEESTd.

STATEMENT OP PRICES OF IMPORTED FISH.

Q. Will you be kind enough to send to us by mail, to save you any
further trouble, a statement which shall show the prices you paid foreacll
kind, by itself, of imported salt fish, between July 1, 1884, andJnly]
1885; and, secondly, on exactly the same kind of fish since tbe Istc
July, 1885?— A. Yes.

Q. During those years have your newspapers given daily or weekl^
the wholesale prices of imported fish? — A. Yes; I suppose they pro.
fessed to do that. But I think you could depend better on the BostoJ
Fish Bureau of Statistics for inibrmation in regard to prices, as showS
in their annual reports.

Q. Are you a member of that bureau ? — A. Yes.

Q. Could you send us those reports? — A. Yes.

RECIPROCITY.

Tlic Witness. Before I leave the stand I would like to state that!
want reciprocity.

Q. State why you want reciprocity , what effect you think it wilHavi
upoii the ^ountry, and what you mean by it; whether reciprocity i
everything, or only in fish. State in your own way. — A. I should s
on fish. 1 think the country ought to get cheap fish, and my idea,s
I have already expressed, is that the consumer must pay for the dnti
eventually. I believe that fish are for the poorer classes. Why,darin|
the last two or three years, during. the business depression, we liavi
had a good business, because the fish go to the poorer classes, and]
think those poorer classes have to pay the duty.

SENDING FISH TO CANADA.

We have had a trade with Canada, sending our fish into Canada froi
Boston, but that trade has all gone, as you may say.

Q. Where were those fish caught? — A. They were caught in ourofl
waters ; they were principally domestic fish that we sent into Cauad

Q. What Is the theory of that? Why is it that we import CanadiJ
fish and also send to them American fish? They arc all the same kinj
cod, mackerel, and so on? — A. We put them up in attractive s
We put them into boxes under attractive brands and in shapes tl»
make them attractive to those people. They do not know how to d»
down there. They are getting on to it lately. Down there in Xol
Scotia they are now supplying Mrntreal, Toronto, Hamilton, Brocicvilj
and towns all through Canada. These people have come up here and f
into our factories and discovered our methods, and have gone baclc tii^
and are now supplying their own markets with fish put up somewij
after our methods. At the same time I understand that the peoplej
Montreal are not satisfied.

RECIPROCITY.

Q. Go ou with what you were stating about the whole recipro
question as it appears to you. — A. It seems, as I stated, that thee
sumer would have to pay the duties on the fish. I believe that tbi
people have a right to ask for protection, under the circura8taaces,r
cause they have to pay protection prices for things that enter into I
construction of their vessels. If I were in their place I suppose I sjoi

AMERICAN FISHERY INTERESTS.

607

beeltbe same way. But I think this is aquestiou with reference to which
be are liable to get into trouble with a friendly power. It seems to me
iome otber way ought to be sought for protection, which wociU' still
iUowus to have reciprocity. Of course, as far as we are concerned in
Mori it must be of advantage to us, because we are more distributers
w fish than we are producers j that is, we do not so much fit out ves-
ilsinBostou.

Q The larger the source of supply you have, the better it is for your
Easiness?— A. Yes.

EARLY CATCH OF MACKEREL.

By Senator Saulsbury:
Q. You spoke of canning mackerel. What is the effect of the early
atcbiiig of fish down the coast? How does it affect the flsli trade gen-
ally?— A. 1 think that in ordinary seasons it would be better for them
otto go South to catch mackerel. In the first place, early in the
ksoutliey are poor ; it is their spawning season. There is always a
lemand, however, for the poorest fish ; and of course the country gets
lie poorest lisU in that way because of the fact that they want the
kaptst thing they can get. If they did not fish South early in the
tiisoii, then when the mackerel come on Northward thej' would be of
letter (luality and fatter.

By Senator Edmunds:
[Q. And more of them, I suppose ? — A. I don't know that there would
6 more.

JQ. Would there not be more if none v.ere caught in the spring? — A.

|es. In that way you may say more of them, and the fish that would

( caught and inspected would be a better class of fish, and of course

|io country would have the benefit of consuming better fish. If they

1 not get poor fish they would take these finer brands and pay the

Itite tor them, and that wonld create a better demand. The consumer

jouldlike a better class of fish more; he would bo better pleased with

[e taste and quality, and he would buy more, and there would be more

d, it seems to mo. I think that would be an advantage.

By Senator Saulseiry :

[Q You say the country wants cheap fish? — A. Yes.

W. That is, of course, the poorer classes of the country ? — A. Yes.

|(J. How would the abandonment of the spring fisheries affect those
«ple in reference to the supply of fiah ? Would they buy the dearer
Mf they could not get the cheaper ? — A. Of course. The past season
sbeen unprecedented in regard to mackerel; there has been a great
Wy along our shores. Of course codfish are different. I think

fctin ordinary seasons we would get good fish and enough of them,

|iecially if we had a chance of getting codfish from Nova Scotia too,

ciuise the fish from there would help. I think the advantages would

[more than the disadvantages. Of course, in one way you would get

ppertish perhaps to have the Southern fish, but I think in the long

I it would be better for the country not to take those fish.

By Senator Edmunds :

Is there as muith nutrition per pound of these poor fish as per
IDjlof jjood fish? — A. What makes a fish good is not size but quality.
P U inches long may be better than one 15 inches long, because the
Ttfish when drossiid may all dry up.

GOB

AMERICAN FISHERY INTERESTS.

By Senator Saulsbury :

Q. Is the price of these sjjriiig fish as dear to the consumer as of tlii
better fish which are put up later in the season ? — A. The iisharewn
erally very cheap. They ottetj catcli hirge quantities of tliem. Tlid
are thousands, 1 was going to say — yes, there must bo thousands-
barrels that are thrown away because they cannot get i)iice cnoiiflni
them really to pay for the trouble in getting them. "

Q. Then I understand you to mean that the spring fish arc sold
cheaper rates than the flsh caught later in the season ?— A. Yw,si^
Of course, that might not bo; it might be that there would lK>solcf|
caught then that they Avould bring a higher price.

By Senator Frye:

Q. Do you think that "».ny fish that is bearing 8i)awn is good to oatf-j

A. It don't seem so to me. The herring that come to our shores area.

poor ; we do not get any fine ones except those that come from }fovi

Scotia and that section.

TESTIMONY OF THOMAS A. BICH.

,.{ Boston, Mass., September SQ,\m.

THOMAS A. EICH sworn and examined.

By Senator Edmunds:

Question. You reside in Boston ? — Answer. Yes, sir.

Q. What is your occupation ? — A. Fish business.

Q. What is your ago ? — A. Fifty-nine.

Q. How long have you beeniu the fish business here?— A. SincelS

Q. Do you deal in both salt and fresh fish? — A. No, sir; saltfisb
together.

Q. Do you deal in all varieties of salt fish ? — A. About all.

Q. Where do the flsh you deal in come from chiefly ? Where aretlij
caught and cured? — A. They come from New England and Nova i
tia.

Q. About what proportion comes from Nova Scotiau waters?-^
That I cannot say.

By Senator Frye :

Q. What do you mean by "Kova Scotian waters" — withiu llie tlin

mile shore line ?— A. Oh, no; I mean the Northern waters. Tksl

tistics show, I believe, that 4 per cent, of mackerel were taken iuyoj

Scotian waters.

EFFECT OF THE ABROGATION OF THE TREATY OF 1870.

of^

By Senator Edmunds: -

Q. Can you tell us what has been the effect of the abrogation
treaty of 1870 on the price of salted flsh in this market?— A. Asa
eral thing, I do not think it has had any eflect at all.

Q. What becomes of the question of duty that has had to be I
since?— A. 1 think the duty is borne by the Nova Scotians cu^r ',
think there is no question about it.

Q. What nake.'^ you think so? — A. For many reasons. Tliepno
governed by supply and demand, largely by supply. There maj l*

AMEBICAN FISHEBY INTERESTS.

609

ftffo kinds ' « are possibly affected by the duty, but I do not bo-

ieve that an^ one kiud is affected to the extent of the duty. Neither

) I believe, as Mr. Wrightington has stated, that the consumer pays

J duty. The consumer buys oi' the retailer, and the price of the re-

iiler varies very little. There is one case that I have cited a num-

jer of times which illustrates it as well as any. Last season there was

J customer of ours in Baltimore who made the inquiry particularly with

iis object in view in regard to retailing. Among other articles she

|old-l say " she," because she is a woman — were a great many of No. 2

bore mackerel, which she sold, I think, for 25 cents; 32(> mackerel in a

larrel is $40 a barrel. Now, it makes no differencci to her in her retail

mm whether she pays $G a barrel or $12, for $40 a barrel will cover

1 the profit she wants. It is just about the same with every other

d of fish that is retailed.

ad to be 1)^
IIS euii!

EFFECT OF WHOLESALE PEIOES UPON EETAIL.

[ When I was in Washington last spring with the committee from Bos-

BD, before the committee of the House, there was a <^ mtlemen present,

I tliiuk bo was a Western Senator, talking about cheap fish. Said he,

cannot understand this cry about cheap fish. Here we have had

1 fish for years, and yet I find when I go to market in the West to

fish for my family, the cheapest thing is a herring for my servant

iris, and that is 12| cents a pound, and I want to know where the

Jteapness comes in." That illustrates what I said before — that the

liolesale price offish has very little to do with the retail price. The

jetail fish business is peculiar; in fact, it is all retail to the consumer

rthe reason that it is largely used only on certain days. That prac-

! has coine to us from Europe. With all Catholics iver here Friday

Ish day, and there is always some kind of fish on the table ; apd

kery one who has gone to sea knows that it is the same on shipboard.

lor that reason, as a general thing, fish do not enter into daily con-

pptiou as many other kinds of food do. So that it comes to this :

at the retail dealers have only tv^o or three days in the week when

fey sell mauy fish. This tends to make the retail price of fish excess-

,more so, I think, than any other kind of goods. And it is iu-

nably so. I know one retail fish dealer on a street close by the Tre-

lont House, whose price for halibut is 25 cents, year in and year out,

D matter whether he pays 3 or 30.

[Q. lie takes his average?— A. Ho takes his average. I have looked
that thing with some care, and I do not believe that the duty
«t8 the cousumer except, as I say, once in a while on some particu-
f article it may affect the price to the consumer slightly, but not to
J amount of the duty.

SALT FISH.

I Do you buy these salt fish, that you deal in, directly from the ves
* that bring them in, or do you buy from dealers in the ^^rovinces! —
I The imported fish come here principally to commission merchants,
'act you might say all of them. The opposition to the duty on fish
JiiMle in Boston principally by commission men and dealers and their

COEREOTION OF ME. WRIGHTINGTON'S TESTIMONY.

"ghthere I would say that Mr. Wriglitingtoii mnde the remark that
"1 interested in vessels, supposing that what he s".id was true. But

S. Ex. 113 3U

eio

AMERICAN FISHERY INTERESTS.

Of;

he did not know ; I am not. During the time of free iish we bad 15
18 vessels ; quite a number of them we owned. We sold tbein all, auj
to-day we have not a thousand dollars interest in any vessel.

EECIPROOITY.

But my opposition to reciprocity is that it is ruinous to the fish basj.
ness of New England. You gentlemen can be but little aware howl
delicate a question that is to the fishermen of the coast — not the larger I
fishermen. But I will say that there are thousands of families froaij
Block Island to Eastport, living on the islands and inlets to the coast 1
that never see $200 in a year, and many of them never see $150. ]Ju;|
with a little garden spot and with the fish that they can catch audi .!
and consume, they will give their children a good school education,]
dress them decently and comfortably, and this reciprocity question is a]
serious one to them. Mr. Wrightington has said that they oiishtw
be protected in some way. That is a very strong admission. I do uo^
think any opposer of reciprocity could make any stronger argumeuS
against it than that. They must be protected in some other way,saya
Mr. Wrightington. This is a serious matter to these families livinjoa
a small competence, as I have described.

Q. You call it a serious matter to them. The inference is that witli
either salt or fresh fish they are not able to get the iame prices for tw
fish that they catch and sell to the wholesale dealers that they otberf
wise would? — A. That is it, generally.

Q. Of course, they would not care if they got the same price (oi
their fish ? — A. It is not a market for their fish, but if that market i|
supplied even at the same price they cannot afford to go out

Q. If it is supplied at the same price, and all the fish they briugan
purchased, then what would you say ? — A. But that is not always till
case. Last spring the fish were rushed into market aud left over oj
Nova Scotia account, a great many of them ; I mean mackerel. AnI
more mackerel wc j sent here before the duty was put m than Jli
Wrightington has sold together with what are on hand ivow in tii|
city. I have bought them as low as $3.50 a barrel.

Q. The salted imported fish you buy, do you purchase tbroiighcon
mission houses here, or by correspondence? — A. By correspondenij
almost entirely.

Q. And they are the agents of dealers in the Provinces or agents^
fishing vessels? — A. No ; they are agents of merchants and vessel on'
era both, and in some instances of catchers largely of both mackerj
and codfish.

THE INSHORE FISHERIES.

Q. I presume you have not much knowledge on the subject of tfi
source of this supply that comes in to you, whether it is taken inslioi|
as I call it, or outside of the municipal lines of the British Proviucef

The Witness. You mean fish caught by Americans?

Senator Edmunds. No ; these imported fish.

A. No, I think the imported fish are largely caught on the Gral
Banks and other banks outside where our vessels go. I know,as|
know anything that is told me, that they come from the Grand Banf
from the Western Bank, St. Peter's Bank, and other banks up ni ttf
region. i

Q. What portion of the salted fish that you get from Americnn vj
sels and dealers do you think comes from the inshore fislieriesl

AMERICAN FISHEUY INTERESTS.

GU

irel.

agents <
•esselow
mackcrl

cct of i
;u inslioil
'roviucei

Ithe Gi-ai
ciiow,asl
LndCanlf
[up ill ^1*

ericiin ^\

The Witness. The Nova Scotia shore !

Seuator Edmunds. Yes; and all along the British Provinces.

i. I gliould say not any.

Q. Substiiiitially not any at alU — X. Yes. I don't know how close
j iusliore the flsh are canght in Labrador.

Seuator Edmunds. It is not very close, for the coast is dangerous.

The Witness. Fish are caught on the Ashing banks; there are their
Ibauuts. There are a few fish canght near inshore all along the coast
I from Ilatteras as far north as you please to go.

Q. That is a small proportion of the catch, you think? — A. Yes.

BAIT.

Q. Have you any information on the subject of the supply of bait

jaadof the desirability of getting it within the British Provinces T — A.

!Dly general knowledge, but my opinion is that we had better be with-

nl that privilege than to have anything like rcoii)rocity.

Q. Dow could they get their bait? — A. They could take it with them

lor catch it ou the banks.

Q. Do you think bait enough could bo caught on those shores, to-

Igetherwithwhatthey could take from here? — A. Yes; why not? There

V different kinds of bait. Vessels formerly took salt mackerel, and

|tiiey took clams. Cf late years, however, they think fresh bait is bet-

w, and I suppose it is.

Q. The mackerel are taktm almost entirely in purse seines, are they
[lott-A. Yes, But even if the subject of bait arises, and all is admitted
kt they assume, it always seems to me that the seller is the party
liiiefly concerned, more than the buyer generally in trade. If the bait
ibought from the poor people on the coast I do not see but that they
iceiveasmuch benefit from it as we do. I cannot see that the bait
Jaestiou, even if it is all that they claim, is any better for us than for
lietii.

SALT FISH.

JQ. How many tons of all kinds of salted fish do you deal in iu a

iear!-A. I could not tell that.

iQ. State the gross amount in round numbers. — A. I do not know

pit it would amount to ; it would be a mere guess.

[Q. Is it very considerable, or very little — that is the object of my iu-

fiy. Wo do not want to pry into your private affairs. — A. It is a

m amount.

iQ. Where do you sell your fish that you deal in?

Tlie Witness. Where do they go?

Seuator Edmunds. Yes.

A, All over the United States, the West Indies, and Cuba.

IQ. What kind of salted flsh come to this market to the greatest ex-

F?-A. Mackerel enter largely, I should suy.

y Are there more tons of mackerel than of codfish, or haddock, or

flock!— A. I should say so, now ; it must be the case ; though when

pros come along they often surprise us.

I)<. And the mackerel are substantially now all taken in nets ?— A. In

BAIT.

So that, as you understa'^d it, as to the largest proj>ortion of the
pg.or at least in one kind of fishing, the bait question would not

■«e at all?— A. No, sir.

G12

AMERICAN FISHERY INTERESTS.

Q. BocnuKO tliey do not use bait T — A. I should say that it doescome
iu a little, because they want bait from us ; they have been to Porthind
this year aud bought thousands of barrels of bait.

Q. But not for inackoi'uH — A. 1 think they used it for both mackerel
and codfish, but principally for codtish.

INTEKKATIONAL TROUBLES.

The Witness. 1 would like, if there is no objwtion, to umlic Komej
reply to what has been said by Mr. Wrightiugton.

Senator Edmunds. State anything you wish.

The WiTNiiSS. 1 took some notes of Mr. Wrightington's reinarlcs; be j
says " I was rather glad that trouble came up."

Mr. Wkightington. No, you misunderstood me entirely; I am very]
sorry that any troubles have eome up.

The Witness. 1 understood you to say that you were glad ibatj
troubles came up to settle this matter.

Mr. Wrightington. Oj,no; 1 said that the only way thatwesetmedj
to be able to get at any settlement of it was just from the troubles.

The Witness. That is a little milder way of putting it.

Mr. Wrightington. That is Ihe way 1 did put it.

The Witness. Then I will assume that.

Senator Edmunds. Yes ; that is what he said.

Mr. Wrightington. It was perfectly useless to talk about the tiiiug
on any other basis. 1 said that it seemed to me that the committe
that went tj Washington were treated in such a way that it apiicaredl
to mo that the thing was all cut and dried the other way, and llialiB
was only other troubles to come, and which wo knew must come, tliai
would bring the matter under discussion in a way to settle it. Tliai
was my idea.

The Witness. I think that parties here knew that they were going,
aud I have no doubi egged it on.

Senator Edmunds. Never mind about that; that is of noconsequeucej
Any considerations you wish to present on the general question wj
shall be glad to hear.

premature mackerel fishing.

The Witness. There is one question that I take considerable inten
in, and have, aud that is this southern fishing question, which 1 am giaj
to see Mr. Wrightingtou and I agree upou.

Senator Edmunds. I forgot to ask you about that. I would like yoi^
views upon that question.

The Witness. He says he canned those mackerel. Tiiey are a viij
poor fish. Ho would not eat them, and neither would you or 1. Tiij
premature catching of mackerel is a question that is going tobepn
sented to Congress, and I think it will enter somewhat into the cousil
oration of tli"* reciprocity question. When I was at Washiiifitunj
stated to the committee that it had been said, rather jocosely, tb., t|
menhaden left the coast because of the restrictions that had been r
upou them, and that it would probably be so with the mackerel.
stated that meuhadeu were becoming so scarce on the Maine coast III
parties interested were taking measures to remedy the difficulty, ii|
thai a law had been passed by the Maine legislature looking in tui'^f
•ection, but that it was too late, I said. I stated that what we wauH
to do in regari^ to this southern fishing was to stop that before wc wfl
also too late on the mackerel quest ion, and that from the outlook at ti

amekacan fishery interests.

GV)

time, wliicli was in tlio Hpriiig, I began to fear that wo were a little late
iW it was. The result has shown that we are too late, that is, to pre-
vent the thing. The thing has happened. The mackerel coining on
mircoaHt liiive been taken niul driven away. Some Senator asketl mo
if tlio ocean was not wide, v ide enough for them to go to another poii>t
wiien driven from one place. That may be when the fiwh are feeding,
but not when they go to the spawning grounds. They have n'gular
spawuiiig grounds, which are narrow and restricted, and if they are
driven or frightened from there, the number continues to get less and
less every year, and finally they cease altogether. This is the bearing
tliat it lias upon the questions before you: that it drives away the flsh
from our shore. It does not aifect the Nova Scotia cat(!h so much, for
tliereiison tliat, so far as is known, the bodies of mackerel on the whole
Atlantic coast do not come up by Hatteras and Block Island and along
oursbore, but they come in as far down as Sable Island at about the
same time they strike in here. So it is thouglit, and it is generally be-
lieved, that there are bodies of mackerel north in the edge of the Gulf
stream during the winter, where the water is warm, because they strike
in on tbo ' onthern coast at the same tune they do here. But there is
uo question about that school that we dej)end ui)on, nor when or how
tbey will come. The time of their coming hardly varies three days year
after year at Cape Cod.

Q. Where do you think they come from? — A. From the south; how
far south wo do not know.

Q. Do you think as far south as Hatteras? — A. Oh yes, because they
arecanght tbere, and they have been followed up.

Q. Tbo fishing fleet that begins at Hattems follows the school north-
ward along the coast until they get u]) around Cape Cod? — A. Yes, and
come into our bay. There is a school that lirst strikes Cape Cod that
does not come into our bay usually. That strikes the Nova Scotia shore
at about Barrington. But as regards the southern lishing it can be
shown conclusively th.'it that enters into this question before you to-
day, that it is driving the fish away from our coast and putting us more
and more into the hands of the Nova Scotia people.

Senator Edmunt?s. But you must consider that the coast of the Car-
olinas about Hatteras is as much our coast as the coast of Massachu-
setts Bay; so that would not seem to be much of a point.

The Witness. I do not understand you exactly.

Senator Edmunds. You say that the catching of these fish down at
t Cape Hjitteras so early prevents their coming uj) to Cape Cod.

The Witness. Yes.

Senator Edmunds. What if it does? The flsh that are caught there
I arc used by oar people.

The Witness. In the first place, they are good for nothing.

Senator Edmunds. That is another question.

The Witness. And in the next place it prevents the flsh coming in
herein the summer time when they are feeding, and when they would
be good flsh. The case is so plain to me that it may be that I do not
elaborate it sufiBcientlj\ The proposed law restricting the cati^h of fisli
names tbe Ist of June as the limit. As far as I am concerned I should
nave preferred the Ist of July as the limit. The argument was brought
npby Mr. Miller, of New York, before the committee, and also by Mr.
wnjamin, that we were very anxious to have theui stop catching until
luelstof June, and then we could catch them in June when we knew
Ijliat they Imd not all spawned and were equally poor. But I should
pave prelerred to have the close season up to the 1st ftf July.

614

AMERICAN FISHERY INTERESTS.

Q, Alo they good for anything immediately after they have got l
through spawning f — A. They recover iu ten days so as to bo quite ma.
able.

UPAWNING SEASON OF MAOKBREL.

Q. About when is the spawning season t — A. About the last of June,

Q. When they are engaged iu the perlbrmance of that function they

are not within reach of tlie netst — A. Not when they are spawning-

they are then usually on the bottom. '

PRICE, QUALITY, AND QUAl,riTY OF MACKEREL.

Mr. Wrightingtou said that he thought that mackerel wore higli on l
account of the duty, and that two or three years ago thoy wore $4 or
$5 lower. If I had the tables hero you would see that two yeara ago
we had a very large catch of very poor mackerel, and there was not a
demand for so many of so poor a quality. That was what affected the
price largely. At the same time it cannot be denied that the scarcity
of fish this year has been an element in determining prices, althongii
the prices are not excessive. The rise that has taken place in the kst
six or eight weeks is not altogether by any means owing to the scarcity]
80 much as to the quality. The quality has improved, and therefore!
the price has also improved ; at the same time it is improved somooD]
account of the scarcity.

Q- Do you think the general quality for this whole fishing season 1
been better than that of two years ago ? — A. The general quality 1
been, although some were a great deal better and some a great deal!
poorer than this year so far. The best mackerel ar auglit on carl
coas. when we catch any, and we have always caughf i before tliisj
year. The Nova Scotia mackerel are not particula , jd fish this!
season ; they are of fair quality but nothing remarkable.

Q. How late are the mackerel caught on this coast?— A. I liavel
known them to be here until the middle of September, though 8oiDe{
times they leave in the latter part of October.

Q. There are great quantities down about Vineyard Sound and Gayj
Head t — A. Yes ; small mackerel.

Q. Following immense shoals of herring f — A. Yes.

Q. Please give us the various names that you give to the different
kinds of mackerel, and the different numbers, describing the quality ofl
each kind, from the poorest to the best.— A. The inspection law olj
Massachusetts — like all laws, it is rather ambiguous — speaks of Ko.I
mackerel, the best mackerel, that are 13 inches and over ; those arethej
best and fattest. No. 2 is the next quality of fat mackerel, and that i
from 11 to 13 inches. The next lower quality is No. 3, from lOtol^
inches. And the rest are No. 4's. I don't think that the law of Massi
chusetts specifies any other kinds.

Q. Except Noa. 1, 2, 3, and 4 ?— A. Yes.

Q. And No. 4'8 are all below 11 ?— A. No ; below 10.

Q. Does that grade really, in the trade or under the law, come don
to mere tinkers, as you call them ? — A. Yes, sir.

Q. All ;ielow 10 inches are tinkers? — A. Yes, sir.

Q. As a fact, do they pack in halt a fish that is under 8 inches longi-
A. I have seen them pretty small. I havehad them this year l,400to(
oarrel. Now, as to the trade. There are many qualities of raackerej
more so than o*any other fish, I think. The trade has an extra mr

AMERICAN FlSltERY iNTERESl'fl.

cir>

J liloiitiT iJX'sa, a larpfo mesa, uiul then a mess. Then they have a
l,|(i,iter No. 1, ami evtra larpo No. 1, and an extra No. 1 ; iiiid then they
liiM' extra No. -'f", sliore No. 2'8, u'ul hay No. liV.

0, Ni». - is i^oorer than No. 1 ? — A. Notalv.ays } it may often be only
(litlt'niK'e in size, the qnality hoing the sam**. Then lliere are nu*<Iinni
>o,;i'ti, inal small .Tm, tinkers, ami No. 4*8; then there are larj^e 3'8,
lariieiiKMliums, and larfje 2'8. It takes all those ilistiiielions to meet
ilio (loiiiiuid that is made. Two or three years a>,'o, under free trade,
\'i\H''Ss were sold to fio to Ilayti tor $11 and $12 a barrel,

Q. jlow larjjo wonld those lish be? — A. Tliirteen inches and over.
Al'icrwiu'ds the smsiller lish were more abundant, in this time that Mr.
Wri«liliiiKt<>a speaks of, and those were rather preferred, so they do
Dot like large 3's now.

DUTY ON FISH.

Under reciprocity, those large 3'8 sold for $11 and $1L* a Iwrrel ;
Uliile iiov,', under duty, they are selling for $8.50. So that 1 do not see
Itluit tlKuluty has atteeted those much. It is only three years ago that
Itlievsold toi'lll and $12.

Mr. WuiGnriNGTON. Of course, the quantity has something to do
[witliit.iis well as the demand. 1 claim fhat this must be so.

The Witness. Now, he say.s that Nova Scotia peoj)lo will have to go
loat of tilt! business. Excuse uie for quoting Mr. Wrightington. If
Idaty is (loiiig to drive the Nova l^cotia people out of the business, who
lliveiniicli more cheaply than our jieojde cati, what is going to result to
lour lisbennen if we have free trade I It seems to me that we shall auflfor
las much under free trade certainly as Novj Scotia will under the duty.
jliionot see how ho can argue any ditterently.

Mr. Wrightington. With a large supjdy '.A' fifili, ol course, until
jlliings get regulated all around, those people must get a low price ; but
jeveiitually, of course, they must get a fair i)rice, and we munt get a fair
price. The business must regulate itself on the basis of supply and de-
liuiiud. People will not go for tish unless there is a fair price awaiting
llhem ou tl.'eir return. The ability of the West India market to consume

ishaflects our market, and the low price of fish has a bearing on the
jibility of those people to use these Nova Scotia fish.

Si'iuitor ED31UNDS. Has either of you gentlemen been down on the
jisbir,}; coast of the British Provinces ?

Mr. Wrightington and Mr. Kich. No.

The Witness. 1 do not think Mr. Wrightington lias answered this

Raestion iu regard to the relative efl'ects of duty and free trade to my

Btisfactiou, but that is not for me to say.

codfish.

AsMr. Wrightington states, codfish were never sold so cheap as they

IK now.

FISH IN BOND.

Tliere is one question that arisea-there, in regard to flab in bond. The
tetriiction put upon it by the Department is diftereut from what it
la.s !» few yoars ago. Formerly we were .allowed to pack codfish in
^•"l as also mackerel and alloways, although they came in bulk. If I

ifollect aright, the theory is that they can be put into packages, when
Nuired, tor immediate preservation. The English (jrovernment al-
Rvs construes the law in favor of the merchant j oyr Governmei»t

616

AMEEiCA.T FiSlifcBY iNtERESTfil.

sometimes, nearly always, seems to construe the law against us. Wei
"were formerly allowed to pack codfish and other kinds in packaceJ
where they came in bulk, for shipment ia bond; butfortbe kstie?!
years that has been stopped. It hjis resulted in this : tliat the NovJ
Scotia peoi)le send their fish here in bond packed for shiiMncnt. Ty
can be done. But they are very unreliable. In fact, all NovaSnuia
packages are unreliable — codfish, mackerel, and herring. If thelnliod
question enters into it, they get all tlie labor and get paid for it, and u
get nothing; it simply passes througi< our hands. Whether iuiyclianud
will be made in that respect, I do not know. It does not seem to ni^
that it would afiect our fishing interests here at all.

NOVA SCOTIA PACKING.

Q. What do you mean when you say that the Nova Scotia packingii
unreliable ? — A. I mejvn that rio kind of fish that Nova Scotia puts*iij
can be relied upon without a thorough examination.

Q. Eehed upon how? — A. As to the quality and kind. I liaveseej
a thousand barrels ot herring' landed here, and sold at one time, tli,il
had 300 barrels of them hiUf full of eel grass, paving stones, &e,
have also had packages that were all right at each end, but were iille|
up with eel grass and tho like in the middle.

Q. Do you open and repack these Nova Scotia packages before jo
put them upon the market? — A. Yes, as a general thing, or else v
amine them thoroughly.

HEERIN&.

In the matter of herring, it is true that the herring we Lave on the
shores are not fat ; neither are the majority of Nova Scotia lierriiiff fal
We take nothing on these sliores as poor as Georges Bay lierriiijrc
Dalhousie ; they are the poorest that car be put up.

Q. Do herring enter larj^ely into the consum})tion of the Uiiitel
States ? — A. Yes ; quite largely.

Q. They are consumed chiefly m the large cities ?— A. Yes.

Q. They do iiot get into the country stores ? — A. They arc consuuiej
chiefly in the large cities, but they are sold all over the (;oiii)try; tli^
are sold largely in Virginia and North Carolina and the West.

Q. Are they smoked ? — A. O, no; pickled. They are sold largelj i
the extreme Northwest; also among tne Norwegians, who liavel
accustomed to use herring at home. The best herring wo got here;
the Labrsulor herring, and their shore splits are very good.

Q. Did the price of Labrvdor herring rise immediately after tS
termination of the treaty ? — A. They were never so low as this i
winter and spring; they were very low. Here is the same arguaia
as in the other matter, and that is there was an excessive catcii,av(.J
excessive one; they were sent hero in large quantities, and thejwrtij
who managed the business managed it very unskillfully. Tiiey f
not only large quantities to the commission men, but to the iium' tli
like to make a large outlay, and consequently they damaged thomselP
and us, too. This season the Labrador catch. so far has been an cutl
iailurc. I have not heard up to this day of a barrel of uerriii;; m
caught on the Labrador coast. There were a few brought in yestcnU
that we"*^ caught on the other side of the Straits ; coMse(inently m
beiuf'; none to speak of tiiey are high. They are worth |(i n Iw""'!)
stead of a year ago at this time, 1 should say, |4 or $4.i>0.

AMERICAN FISHERY INTERESTS.

017.

Q. That is, a barrel of 200 pouiulu? — A. Yes; but the duty was on
them the same as now; and yet to-day Labrador herring would sell for
$1) a barrel, just because they are scarce ; tuoy would sell for just as
ninch as if they were free.

Q. Do you not think that your lish bureau tables will show all tlicse
prices!— A. I think so.

Mr. Wrightington. I think so.

STATISTICS.

Q. As a matter of infornaation, we would like you to send us reports
for three or four years, in ordei.' to get a general average. — A. If you
go to Gloucester, there is also a fish bureau there, and you can com-
pare our figures with theirs. I think those for Boston, however, will
give closer prices.

CLOSE TIME.

By Senator Saulsbuey :

Q. You refer to the spring catch of mackerel, and I understand you
j are in favor of restricting that ? — A. Yes ; I am, decidedJy.

Q. They are caught on the Southern coast, from Hatteras north-
] wardt— A. Yes, sir.

Q. How long do the mackerel remain on the Southern coast? — A. We
I do not know where they go in the winter season. They leave these
j waters about the last of October, their leaving depending to some ex-
j tent upon their feed, or, as Professor Baird says, the temi)erature of the
I water, or both. They leave from the last of October to the middle of
j December, which is very late.

Senator Edmunds. Mr. Saulsbury was asking you about the South-
I em coast.

The Witness. They leave here and go down the Southern coast and
I op by Hatteras, and we do ni>. hear of them again until the ')ext season.

Q. (By Senator Saulsbury.) How long does the fishing Last on the
[Southern coast? — A. About the last of March they are found off Hat-
teras, and are followed by our vessels up the coast, getting up off New
York the last of April or the first of May, and around into Massachu-
setts Buy by the m'.ddle of June. So they last about two months from
1 Hatteras to Block Island.

Q. If these fishermen be deprived of the opportunity of catching fish
Idnring those seasons of the year, what other opportunity would they
I have t

Tbo Witness. What flshermeu?

Senator Saulsbury. The men engaged there=

Tlie Witness. By asking you a question I only want to get at what
j you want.

j Q. Yoa do not know where the fishermen are from, who are engaged
[lu those fisheries? — A. I am not aware that there are any fishermen oti
|tliatcoast. There are a few fishermen on the Jersey coast who fish in

SEINE V8. HOOK AND LINE.

^ow, I Jo not objec '^ *:g i;atching any of these mackerel with hook and

It is catching them with deep-sea seines to which I object. With

., seines you surround a body of mackerel of, may be, 500 or iSOO

I Barrels; of those 500 or 800 barrels 200 or 300 are saved, and the rest

CIS

AMERICAN FISHERY INtfiREStS.

are thrown away; those 200 or 300 barrels are brought in and half of
them spoil and are thrown away. When I was before the committee
in Washington the bill under consideration, I think, allowed fishing in
row-boats on the New Jersey shore with hook and line of i)erhaps25j
feet. The Senator from New Jersey asked if I bad any objection to
hook and line. I said no, not if people chose to catch the fissh that
way and eat them, but what I did object to was going down there witli
seines, and the reason 1 gave was that the seines frightened the lisb
and drove them away when they were on their way to their spawning
grounds. The large vessels fishing with hook and line have bait ground I
as fine as can be, and that is thrown overboard and they fish alongsideJ
The fish in that case are fat, and if anybody chooses to so catch them!
I have no c'yection. As our people here in New England and inthej
North are the only ones who fish exclusively with seines, I do not tbinki
I am asking anything against any one South. I have said that our peo-j
pie are the only ones who fish exclusively with seines; I should make,
one solitary exception ; he is in New York; and he is opposed to SoutliJ
ern fishing. Under these circumstances I do not think I amaskiugj
anything against any one in the South. Do you think I ami

Senator Saulsbury. I do not know, of course, where these fislierl
men live. I simply desire to know whether the fishermen who desin
to fish on these shores would liave any opportunity to catch on tlies^
shores again.

The Witness. Yes ; every opportunity with hook and line.

Q. I understood you to say that these fish are on that shore froiaj
March to the first of May ? — A. Yes ; and off Block Island there is i
seine that stays set all summer. It is not only the destruction of tlid
fish and driving them away to which I object, but it is also ourowij
fishing with seines that I wish to prevent.

Q. 1 suppose if there was a market down there the fishermen would
have seines, and many have them already? — A. From my knowledg^
of the business I should not suppose they would.

By Senator Frye:
Q. It is a pretty expensive business ? — A. Yes, sir.

By Senator Saulsbury :
Q. If the men down South found it profitable, they would go into th
business? — A. This is no shore fishing, you understand. Thisdeeps
fishing requires largo vessels and an expensive outfit. A vessel's ou|
fit would cost from $10,000 to $18,000. It is too precarious, and itb^
been called a lo'tery.

UNCERTAINTY OF DEEP-SEA FISHING.

Gloucester has within the last two years lost, in provisions, vessel
and boats, several hundred thousand dollars in Southern fishing. Bl
once in a while one vessel will make a good stock. It is like a lottery^
one loses and auoiber makes a fortune.

THE QUESTION OF LOCALITY.

There is nothing against any locality that would enter into thcca
one particle. There is no feeling among the fishermen. There iaj
desire to deprive any man in any locality of his rights.

Senator Saulsbury. I was not thinking so much of theflsbin?!
tcrest as I was of the community who consume. I understand tbati

AMERICAN FISHERY INTERESTS.

GIO

Kins of spring fis! are sold cheaper than those which are put np at a
later season, and are better flsli. If, therefore, you take away the
hrivilegeof a certain chiss of supplyin«j poor people, the question is
fflietheryou would not deprive them of the o/qmrtunity of purchasing
anvfish and force them to do without.
Mr. Wrightington. The quantity of these Southern fish canned is
very small. The principal use they are put to is to salt them in barrels

and packages. " , , ,

Senator Saulsbury. You mean that in that iorm tliey are sold bet-
ter and at a lower figure than the fish caught at a later .season?
Mr. Wrightington. Yes, sir.

The Witness. I wouhl like to ask Mr. Wrightington if the better
mlity of maijkerel are not sold as cheap and often cheaper than the
[early ones. That is the case, isn't it?

I Mr. Wrightington. No; I <lon't know that it is. Of course, the
I price of fresh fish is determined to some extent by the quantity on iiand,
as well as by other considerations.

TESTIMONY OF EDWIN P. COOK.

Provincetown, Mass., October 1, 18S0.

EDWIN P. COOK sworn and examined.

By Senator Edmunds :
Question. What is your ago ? — Answer. Forty-three.
Q, Where do you live ? — A. Wellfleet.
Q. What is your occupation ? — A. Fish denier.

Q. What kind of fish do you deal in ? — A. Mackerel, at the jiroseitt
jnic,

Q. Have you ever dealt iu any other kinds? — A. I have.
4 How long? — A. I was in the codfi.sh business one year.

MACKEREL FISHING.

[Q. Where do the mackerel come from that you d«'al in? — A. The
lores of St. Lawrence Bay.

[Q. Have any vessels from your place been up there this year?— A.
m lew.

[Q. Did they have much of a catch? — A. It was not a successful
N)yage to thein this year. There was only one vessel that brought in
* '1 fare.

INSHORE FISHING.

IQ. Where are the mackerel generally caught up there, in respect of
peinsliore line, ns it is called ?

I Tlie Witness. Where I have been in the Bay myself ? Do you mean
|y knowledge?

iSenator Edmunds. Yes, your knowledge, and Jinformation as well.
I A. I have been up there three years. One year we caught the most of
Hsh off Magdalen Islands. One yenr our voyage was off Cape Es-
jjiiiac and off (3ape Prince Edward's Island. '

jQ; IIow near the shore were your (iatches made? — A. Within about
'lof slwre. Off Mscuminao we lishod vei^y near the shore.

>

'i-

teh

^l#lrl.i

G20

AMERICAN FISHERY INTERESTS.

Q. Did you fish near the buore because the fish wore there, or
cause it was more convenient, or why ? — A. The schools were there i
that time, and that was the best fishing, of course.

Q. How long was that ago t — A. That was 18 years ago.

Q. You have not been up there since that time ? — A. Not since.

Q. What is your information as to where our people fish up theret-
A. They fish on the same grounds I have named, except Magdalen Isl
ands ; they haven't fished around there this season.

BAIT.

Q. What do you do up there for bait for mackerel, or do you flsiiwitl
nets entirely t — A. We fish entirely with seines.
Q. So that the bait question is not a disturbing element?— A. No,i

CODFISH.

Q. Where are the codfish caught up there that yon deal int-A.j
am not dealing in codfish at the present time. I believe the last Iba
was caught on the Grand Banks.

Q. You do not deal in codfish now? — A. No^ sir ; I do not.

4. Where are most of the codfish taken that come to Proviuci
town? — A. I have the only vessel in the place, aud the only one fi^
some twenty-five or thirty years.

MAOK£REL.

Q. Your vessels are all mackerel catchers ? — A. Yes, sir.

Q. What is tue character of the mackerel that you catch np thei
compfired with those caught off our coast, in respect of quality!-^
They are not so good as our shore mackerel.

Q. What is the reason? Are they not so large <* so fat!— A. fhi
are sometimes larger, but not so white and fat as our shore nia«kerel.|

Q. But they are precisely the same fish, I suppose ?— A.

Yes, sir.

FREE FISH.

Q. What is your information from all these fishermen, and what]
your own knowledge gained from experience in the business, in reft
to the effect that the treaty of 1870 had upon your fisbinji: inten
that treaty giving the British people the right to bring in tlsli frcel
A. I think it was ruinous to the business. It drove me out of one brai^
of the business entirely, and caused me to lose every dollar 1 1
into it.

Q. What was its effect upon the retail market, so far as you kDo|

The Witness. Shall I state what I sold my fish for?

Senator Edmunds. Yes.

A. I had a fare of fish that averaged me $2 a quintal, aud fromj
best information in regard to the fish as I sent them into the markej
that is, without being prepared, skinned or anything of the kind-tr
brought from 5 to 8 cents a pound; and the fish that I sold tliatr
skinned and put into boxes the parties told me they got 10 to 12c
a pound for at retail. I was selling at an average*, of li cAuts a iwj
when they cost me 3 cents a pound to catch and got them horacMr<^

AMEEICAN FISHERY INTERESTS.

621

Q, Tba effect of that treaty aud the practice under it, then, if I un-
Beretand you, was not to make the fish any cheaper to the people who
btetbera, but only to undersell you in your tratle with the wholesale
tolerat— A. Yes, sir ; and to overstock the market and give us no
[pportuDity to combine, as other industries of the country have done.

EXTENT OF THE FISBUNG BUSINESS OF IROVINCETOWN.

Q. About what quantity of fish come into your place per season t

The Witness. Of mackerel?

Senator Edmunds. Yes.

A. Tbis year probably there will not be 4,000 barrels.

Q. Take it for ten years together, what would be the average ? — A.
Asour fleet has been cut down nearly one-half during the last ten years,
I could not give a fair estimate. During the past five years we landed
hbont 30,000 barrels of mackerel.

Q. About what fleet have you ? — A. About thirty sail.

Q. About what tonnage ? — A. They will average about 70 tons apiece.

Q. How many men to the vessel ? — A. From 13 to 17.

Q. Do they make more than one voyage a year usujJliy ? — A. In the
iiackerel business it is according to the catch. Some years we have
Rade ouly cue trip to the Bay shores, and come homo and quit it.

SEIZURE OF THE HIGHLAND LIGHT.

Q. Have they fished in the Bay of Chaleur this year ! — A. Part of
k fleet.

Q. Were any of them interfered with in any way t — A. One of them
las beeu seized.

Q. What was her name? — A. The Highland Light.
Q. Where was she, according to your information, when she was
lized?— A. Oflf west of East Point, at a place called the Chapels, I
hink.

I In the Bay of Chaleur ? — A. No ; on the north side'of Prince Ed-
M's Island. The northeast point of Prince Edward's Island is called
St Point.

: Q. Was she seized at sea, or where? — A. She was seized, as we un-
ptand, within the three-mile limit.

i Q. Have any of her officers come back here? — A. Yes, sir; her cap-
tain came home.

i Q. He is not here today ? — A. No, sir ; I don't know as he is in town.
i Q. Was she seized on account of fishing within the three-mile limit ?
^A. She was lying to, as vessels usually do to catcu mackerel on the
wok, as I understand, and was throwing bait, and one of the crew was
Wchiug codfish.

Q. Is that the only vessel from your place that has beeu interfered
^tht-A. Yes, sir.

THREE-MILE LIMIT.

I Q. They did not undertake to seize any of them foi- fishing outside of
[e tbreemilo limit in the Bav of Chaleur?— A. No, 8»r; thev were
Ferinterrupted in their business.

Vi So you have known of no instance this year where the headland
neory has beeu insisted upon ?— A. No, sir j not a case.

iff -5*^g

622

AMERICAN FISHERY INTERESTS.

AVERAGE QUANTITY OP MACTEBEL TAKEN.

Q. I do not know bow you answered my qnestion — if you answered I
it 1 did not hear — as to the aveiage quantity of mackerel taken by your I
fleet in ten years. — A. I said that 1 could not give the exact averu'c
but there was one year that we landed in the neighborhood of 300(X)
and this year 4,000. Mackerel fishing is very uneven fishing. '

SALT MACKEREL.

Q. Do you bring any fresh fish from up there f — A. No, sir.

Q. All salted!— A. All salted.

Q. All salted on board, I suppose! — A. Yes, sir.

PRIVILEGE OF LANDING.

Q. You do not go ashore for any purpose except for supplies, I sup.]
pose !— A. No, sir, and they are not allowed to get those.

DUTY ON Fisn.

Q. What has been the effect of the termination of the treaty lastyearl
Do you get any better j)rice8 for your fish ? — A. Last year at tliis time I
could buy fish packed for $0.50, or $7 for unculled fish. This year Ihafd
paid for the same kind of fish, unculled, perhaps not so good, from $l|
to $14.

Q. You say the catch is not nearly so great? — A. Ifc has not been,

Q. Has the retail price of fish, according to your information, riH
on account of this duty! — A. Yes,correspoudiugly. There is not somucli
profit made on fish this year in my business as there was last, tish 1
ing so high.

Q. I understand that. But taking the people who buy salted macfc
erel from the grocer in Boston orProvincetown, oranywhere,ho\vmac^
more, if anything, do they have to pay on account of this duty?— A.
think, in proportion to the price of the fish, the dealers are not getting
so high a profit as they did last year,

Q. We understand from the dealers in Boston that the retail pric
to the people who actually buy the mackerel from the grocery are prettj
much the same all the time ; that there i« a pretty large margiu, i
you describe, with the retail people, so that they do not follow tlie risj
and fall of the market much ! — A. I think it is more like tliat in tli|
fresh-fish business ; they have but one retail price for fresh codfish tl
year round.

CLASSIFICATION, REPACKING, AND SHIPMENT OF MACKEEEL.

Q. Where do your mackerel go that come to this port! — A. New Yorlj
Boston, and Philadelphia, and some few to Baltimore.

Q. Do you take them out of barrels and repack them ?— A. Yes, sij

Q. Are they assorted at the time they are first taken on tbefis'
ground! — A. No, sir; they just catch them and put all sizes iu one barrd

Q. Then all the classification is done when they are repacked!-^
Yes, sir. If I buy them I recuU them.

NATIONALITY OF FISHERMEN.

Q. What nationality are the people who are engaged in your flectlj
A. The captains are mostly natives of the town or of Cape Cod.

AMERICAN FISHERY INTERESTS.

G23

Q. Wliiit T mean is wbetlier thoy are citizens of tlio United Stiitos, or
foni'iiers? — A. Tlie captJiius are obliged to be naturalized citizens, and
most'oF the crews are not natives of the town; .a great many are for-

I figiiers,
Q. Where do you get them ? — A. We pick them up in Boston and

I some iu Nova Scotia. ^

COMPENSATION OF CREWS.

Q. Are the crews paid in money, or do they receive a share of the

jgh!— A. They are paid in dilierent ways. Some are paid by the thou-

Isand on the stock ; that is, some are paid $25 a thousand, some are paid

) forty-fifth of the whole stock, and the remainder goes to the owner

[tnd the vessel.

DECREASE OF FISHING.

Q. Is the tishing business at your place reviving at all ? — A. No, sir ;
litisdecliuing every year.

Q. What is the reason for that ? — A. The scarcity of fish. Previous
jtotbisyeiir we had a winter business, which we have not now. Jf we
Iftillbada winter business we could weather these bad years, and get
Ithroufsh them better than we do. Last winter was discouraging.

Q. You lost your winter business on account of the fact that there were
iDOtishofl'our own coast? — A. No, sir; we never h id anything to do with
Ithe Grand Bank business, but we had a run of oysters from Virginia to
INew York iu the winter, and that is entirely gone.

Q. That is gone entirely on account of the railroads and. steam8hii)s,
|l suppose?— A. Yes, sir.

MACKEREL SEASON.

Q. What time iu the year do you begin mackerel Ashing ? — A. We
*gan about the 1st of June this year.
Q. Where?— A. Off our coast. •

Q. How far south ? — A. 1 think none of the fleet went farther south
han Block Island.

Q. Aud then they fished northward ? — A. Yes ; worked to the uorth-
M^Tith the fish.

Q, What time does the mackerel season begin up in the Bay of Cha-
learaudiutUe Gulf of St. Lawrence and around there? — A. They begin
jcatch tish in there as early as the middle of June.
Q, Aud how late does it continue? — A. They fish in that vicinity for
fell to cau, around Cape Breton and Sydney, as late as Thanksgiving
iml the last of November. The shore-men catch fish there late every
|ear,
Q. I meau the large fishing by the fleet. How late, ordinarily, would

1 expect to get a fare ? — A. Our people usually come away al)out the
likklle of October if they spend the season in the Bay.
[Q. Do they carry supplies enough to last them the whole season? —

Yes, sir; for the trip.
!Q. luan ordinary tin\e, a fair, average fishing trip, how long would
jie vessel be gone from your port to make her fare and come back? —

1 liave been gone on a 500-barrel trip three months, and made a suc-

" 1 voyage of it.

OUTFIT OF PROVISIONS.

[Q- Do you ordinarily fit out your fleet with five months' provisions I —
■ ^OjSir; three months is the longest I have known.

624

AMEBICAN FISHERY INTERESTS.

Q. Is that the usual time 1 — A. Yes ; about three months.

Q. So that the mackerel vessels would Lave very little occasion to i
touch for supplies of food ? — A. Only for fresh provisions, potatoes aud !
such things.

Q. And water ! — A. Aud water.

EECIPEOOITY.

By Senator Feye:

Q. Do you, as a fisherman, want a treaty with Canada ?

TLj Witness. Do you just want me to give my opinion!

Senator Feye. Yes.

A. I either want a treaty of the freest sort with them, or I want I
highest tariff placed upon fish, one or the other, no halfway.

Q. Which do you prefer, high duties on fish, or a treaty which admitej
fish free? — A. I would take my chances with a dutyonflshjSotbatthej
Canadian fish could not bo brought into our market.

THEEE-r.ILE LIMIT.

Q. Is it any special object to you to fish for mackerel withiu the tbree-l
mile limits ? — A. Yes, sir.

Q. But for no other fish, of course ? — A. I am not engaged in thecodj
fishing.

Q. They do not take any codfish in there, do they ! — A. No, sir.

Q. You would like the privilege of fishing withiu the three-mile limitf|
— A. I would rather have a high protioctive tariff, and let them bavej
their three-mile limit.

EFFECT OF TEEATIES OP 1854 AND 1870.

Q. You spoke about the decline iu your fisheries and of the cuttin^l
off of your winter business ; do you know what effect the treaty of 1810
and the reciprocity treaty of 1854 had on the fishermen I —A. No, sir.

TESTIMONY OF JOHN SWETT.

Teovincetown, Mass., Oetoher 1, 1886,
JOHN SWETT sworn and examined.

By Senator Feye :

Question. Where do you live? — Answer. Wellfleet.

Q. How old are you ? — A. Sixty-eight.

Q. What is your business ? — A. Grocer, at present.

Q. Do you deal in fish t — A. No, sir.

Q. Have you ever been a fish-dealer ? — A. I haven't been a fis^
dealer ; I have been a fisherman for thirty years.

Q. In what capacity ?— A. From cook to captain.

Q. What kind of fishing ?— A. Mackerel fishing principally.

Q. From what year to what year? — A. I came ashore about 1845 ;t
fore that time I was engaged in fishing from the time I was a boy.

Q. From 1845 forward you were engaged in the fishing bu8ines.slj
A. From 1845 back.

AMERICAN FISHERY INTERESTS.

G2r

i»

Q. So that you bavo not been eugaged iu tlio Ilsbiiig businoss since

leitberof tlieso treaties went into force 1 — A. Not actively, but I bave

livetl in a fishing commuuity, and of course bave beard of everything

goiug on.

'" EFFECT OF TREATIES.

Q. Wliat, iu your opinion, was tbe effect of tbose treaties upon our
I fisliiiig interests!

TLo Witness. Do you speak of this last treaty of ten or twelve years'
I duration T

Senator Frye. Yes.

A. It has built up tbe Nova Scotia flsberies to tbe detriment of tbe
IXcff England flsberies, in my opinion.

Q. Why do you say that! — A. Because, in my opinion, tbe duties tak(5n
jffof lish gave them tbe same privileges into our ports that we bave in
|ibeir8,au(l they being a people that live cheaper than ours, their vessels
here built cheaper and manned cheaper. They saw that that was their
[tliance. They could outdo us iu our own markets, for tbe reason tiiat
jtljt'ir materials were cbeaper. They were people that bad not got up
jtotbcbighest standard of living, you might say, that we in New Eug-
jlaml bad. They lived coarser, and they could come in and outdo us in
lour markets.

Q. That is, they could afford to sell cbeaper than you could att'ord to
Isell!— A. Yes, and live by it. It is probably known to you that they
jliave built up large flsbing interests iu tbe last ten or twelve years.

EFFECT OF DUTY UPON THE CONSUMER.

Q. Do you know anytbing about tbe retail market for flsb? — A. Not
jtpecially ; I have a general knowledge of bow it is conducted.

Q. In your opinion, would taking off the duty make the flsb cbeaper

Itothe consumer? I do not mean to the wbolesaler. — A. That is a bard

jfinestion to answer. There are so many ways of doing things that it

pouldbe doubtful to me if they would b furnished any cheaper to ib")

lonsnmer. I think tbe business would be very apt to be so managed

Itkough the traders and dealers that tbey would not get their fish auy

jclieaper.

Q. Who is the direct purchaser from tbe Nova Scotia fishermen; tbe

iholesaler, is he not? — A. The wbolesaler, yes, in these large ports like

Boston.

Q. Both fresh and salt fish tbey sell to the wbolesaler? — A. Yes, sir.
Q. And then the wbolesaler distributes them over tbe country ? — A.
fes, sir.

Q. And in your opinion tbe effect of the duty is rather upon the wbole-
tethan upon the retailer or consumer? — A. Yes, sir. uj

THE FISHING INTERESTS OF WELLFLEET.

Q. Do you know bow many vessels-belonging to Wellfleet are engaged
1 mackerel fishing? — A. I thinL we have about thirty sail at tbe pres-

|tDt time.

Q. How many have you e^^v bad? — A. We have bad as high as
^glity to one hundred. At that time tbey did not average so large as
py do know. But our fleet is very much reduced. The low class of
Backerel taken these last two or three years has made the business very

Vofitable.

S. Ex. 113 40

G2G

AMERICAN riSUERY INTERESTS.

FIIEM AMERICAN MARKET.

Q. Stato whether or not the liberty of our market to the Canadian
doe« not render the business a little more uncertain and hazardous tb;ui
it was before 1 — A. It operates in this way : If there is a iarjje catch of
mackerel on the Nova Scotia sliores or in the Day of St. LawroiMc,
those flsh are so nunerous in places up and down tbo Nova Scoini
shore that they are brought into our markets an«l crowd tlio price of
our fish down from a fair remuneration to a i)rice that is not a li\ in;;
one. If the catch is small in the Nova Scotia waters, our market is
kept at a iair kind of rate ; but just as soon as they have a largi> catcii,
the depressing eflect is felt on the prices of our fish.

Q. So tliat the tendency is to break the market between the fisbermeu
and the wholesaler? — A. Yes, sir; so that the fishermen cannot get a
living out of the business.

REMUNERATION OF FISHERMEN.

Q. Do you know what portion of the retailer's price for fish tiio fisli
erman actually gets ? — A. Wo will say, for instance, thi*t a vessel mm \
in with a trip of mackerel of 200 barrels. The captain ,vill sell bin caigo *
to the wholesaler, say, for $10. If the wholesaler can get fifty cents or,( i
dollar above that ho considers he has made a good trade. Tliat is about I
the way it g02s. Then after they get into the retailer's hands I don't j
know much about the business ; they get what they can, I suppose.

Q. In your opinion does th^ fisherman get over two fifths of the iilti
mate price of the fish ? — A. I don't know as I understand the bearing of 1
that question exactly.

Q. Suppose I pay ten cents for a mackerel, as a consumer; invouri
opinion does the fishermen who originally caught that niafikerelgetj
over two-fifths of that ten cents? — A. I should hardly think bo did; it]
has to go through two or three hands.

THE REMEDY.

Q. What is your remedy for this ? — A. So far as the interests of tHj
fishermen of New England are concerned, my remedy is that they slioaldj
have the control of their own market ; that is to say, they should liavej
the preference of catching fish for the United States over foreigner?.]

THE THREE-MILE LIMIT.

Q. Suppose they should let you go in and fish within the tbreemilft
shore line if you let them send their fish in here free ; would not that ben
fair trade? — A. I don't think that would help the price of fish any foij
our fishermen. Our fishermen must get a certain amount for their Mm
order to make it remunerative enough to follow the business; if then
can't do that they must abandon it. The supply of our market byfoij
eigners tends to depress the market to such a low standard tbat(
fishermen cannot survive.

Q. In your opinion is it to-day specially desirable to fish within thejl
three-mile shore lino? I do not mean measuring from headland tol '
land ; I mean within the 3 miles, following the sinuosities of the sbore,-
A. 1 think it amounts to very little to us. As far as I have heard tii^
reports this season, I think the fishermen say they have caught ve^
few fish within those limits, and really there have been very few
within those limits.

AMEltlCAN F181IKUY INTEKEST8.
SEINE VS. nOOK AND LINE.

627

Q. Wlicn you fished for mackerel you fished with hook and Unot—

A. Yes, sir.

Q. Do you take them with hook and line now at all ? — A. No, sir.

q. You take them wi'h purse seines! — A. Yes, sir.

y. As a matter of fact, is it not dangerous to our giant purse soinca
to tish within three miles of that rocky coast? — A. It is very danger-
ous; tlie seines are apt to be torn badly.

Q. Do you know what those purse seines cost ? — A. They cost from
$(i()Oto$800or$l,000.

Q. If they are damaged on the bottom it causes serious trouble, does
it,ioff_A. Yea, sir; it is almost ruinous to the voyage. We had one
I of our vessels I liat went down into the Bay of St. Lawrence this sea-
jsoii; she arrived there just in the nick of time, when mackerel were
)li'uty. But the first time the seine was thrown they tore it all to pieces.
I There they were down there in the Bay of St. Lawrence without any
1 means of procuring a voyage.

Q. As a matter of fact, has not the invention of the giant purse scmuc
laud that method of fishing entirely broken up the old system of fishing 1
I -A. Yes, sir.

Q. And it has taken away the usefulness of fishing within the three-
|iiiile shoreline ofl" the Canada coast? — A. It has really, in my opinion.

CLOSE TIME.

Q. Our flshermeujas I understand it, start early in March down on the
iXorth Carolina coast, and use their seines from there north ;yard. — A.
lYes.sir. Probably it is known to you that there have been but.very few
Imackerel caught on the New England or Southern coast this season
|W(' attribute it in a great measure to casting so many of th'jse seines
y ill the season down on the Southern coast. That has a tendency to
|tiirii the mackerel farther from the coast, and in consequence they have
m driven down into the Bay of St. Lawrence.

Your opinion is that there should be a close time on mackerel 1 — A.

I think so,
Q, From March to June ? — A. That is their spawning season. The

iheory is that where fish spawn therp they are likly to return.

SPAWNING SEASON.

Q. I suppose that you do not regard mackerel as good in the spawning
bason ?— A. No, sir; they are very poor.
[Q' What time do you think they get through spawning ? — A. In the

Mthof June they are pretty well through.

IQ. When they are really spawning they are on the bottom, are they

F'-A. That is a question 1 can't answer.

I I You do not ordinarily take many mackerel fro'u the first of June to
^etirstof July ? — A. Well, yes ; considerable many. Some seasons not

They are then considered to be about on the coast of Maine.

BAIT.

IQ' How do you regard the importance of buying bait in the Canadian
liters!— A. That seems to me to be a privilege that ought not to be

r?'>«

AMKRICAN FISHERY INTERESTS.

Q. How iini>ortuiit is it to you T — A. It is more important to the cod-
tlHliurs tliuii to the niackerul men.

Q. I am talking now about coiI-fiHliing. — A. I am not really preparfil
to answer that question. Tlieso I'roviucctowu people can answer tiiai
question better.

DUTY ON FISH.

tliut

By Senator Saulhdury :

Q. 1 understand you to say that your opinion is that thu Americuu]
fisherman ouglit to have and control the American market for fl8li?-A.|
Tliat seems to mo to be reasonable.

Q. This year, you say, there has been a very small catch of lish on «iiri
coast! — A. Yes, sir.

Q. What would bo the eflect upon the demaud for iish if tlieCana-j
dian fishermen were i)rohibited from sellinfj here by such atarilldiatj
they could not attord to do itt — A. You see that it has operated vcrr
favorably for the Canadians this season. The scarcity of maciicri'l oil
our own coast has caused the price of mackerel to be quite bi^jli. Tlieis
fore the Canadians have been able to pay the duties and i)riii}; tLeiij
mackerel into our market and realize a fair remuneration. It tlicM
liad been plenty on our coast this season they couhl not have done micj
tt thing; nor, if the prices had been low, could they have afl'onld i
pay duties; it would not have att'ordod them a living remuneration.

Q. I want to inquire whether you think that the catch of lisli in ouj
waters would be sullicient to supply the demand of the country at i
seasons for mackerel? — A. Well, I don't know about that, 1 am sun
Of course wo shouldn't have so many fish as we should if thcforeigiien
were allowed to bring them in.

Q. And that would necessarily enhance the price of the fish f-J
Well, yes; that would probably bring Iish up to a living business i^
our fishermen.

MACKEREL FISHING ON OUR SOUTHERN COAST.

Q. Who are the parties that do the principal i)art of the /isLin}; (low
on the Southern coast? Is it the Northern fishermen ?— A. Ye.s,iiid
Gloucester furnishes t'!'> large part of the fleet in that busiin-^s m
principal part. Portia ; also lurnishes a part.

Q. And your opinion is that that work drives the fish out 80tliattiie|
do not strike our coast again soon? — A. Yes, sir; that is one theory t
have. Not only so, but we think that destroying so may mackerel wbej
they are full of spawn has a tendency to dimiiiish the quantity of f

TESTIMONY OF BENJAMIN D. OIFFORD.

Peovincetown, Mass., October 1, 1)586.|

BENJAMIN D. GIFFORD sworn and examined.

By Senator Frye :
Question. What is your busiuess? — A. Deputy collector of cnston
Q. Where!— A. At Chatham.

Q. Pow long have you been deputy collector!— A. For nine jMrsj
Q. Have you statistics of the fishery fleet from your port!— A. U"
not.

AMERICAN FISHERY IKTERK9T8.

629

FISUINO INTKREST OP OIIATIIAM.

Q. Can you state goucrally about tho ll«liiiin lit'ot? — A. Well, so far
iistiiinqtH^'^tiou under consideiation is coiicernc*!, our ll»bermen come
tlii-re very little.

[}. 1 iiH'jui how larfje m your fleet t — A. About twenty vessels.

Q. VViw it ever any larger! — A. No, sir; not wifliin my kowIeUge.

(l Ar« tliose vessels mackerel lisliinfrf — A. At this season of the year,
yen; but cod-tlshing earlier in tlie season.

Q. So tlu'y carry on botli kinds of tlshing t — A. Yes, sir.

Q. WluMe «lo they take the cod 1 — A. On ChH)r}je'8 Shoals, near by.

Q. Tliiiy do not take the cod within the three-mile limits, I take itf —
A. No, sir.

BAIT.

Q. The codfish are taken with baitt — A. Yes, sir.
Q, Wliat kind f— A. Clams.
Q. Where do they get their bait t — A. At home.
Q. So your flshprmen from Chatham do not desire the privilege of
toothing in the British Provinces for bait! — A. No, sir.

MACKEBEL FISHING.

Q. Where do they commence fishing for mackerel T — A. They com-
[ mence on the coast and work down to 131ock Island, and then on down
the coast of Maine a little ways.

Q. ('ommencing when ? — A. In the middle of summer ; I should think

I about July.

THREE-MILE LIMIT.

Q. Do thev fish within the three-mile shore line? — A. No, sir.
Q. Why not!

The Witness. Do you mean within three miles of our own coast!
Senator Fryb. No, the Canadian coast.

The Witness. No ; they do not, because they do not go there at all.
jOiily one of our fleet has been there this season.
Q. Wiiat was his catch! — A. Ho caught sixty- two barrels.
Q. Would that pay for the voyage ! — A. No, sir.

SEINE ^'ISHING.

Q. In your experience within the last ten yefirs, since the invention of
[giant pnrso seines, is there any profit in flshiiig within the three-mile
limits of the shore line ! — A. I don't think there is. The damage that
would be occasioned to the property would be sufficient, so far as I have
[understood, to make it unprofitable.

Q. There is great risk of damage to the seines on account of tlie rocks
I in the shoal water!— A. Yes, sir. .

I Q. And only one of your fishermen has been in there this last year !—
A. Yes, sir; he just arrived this morning.

TREATIES.

Q' Do yon know how it was when the treaty was in force ! — A. They
lave never been in the habit of going there, to my knowledge.

G30

AMERICAN FISHERY INTERESTS.

;^J*f::-.!

Q. So that there is nothing that your fishermen of Chatbam want of
Canada ?— A. Not anything at all.

Q. Then 1 take it that your opinion is that no treaty is necessary!-
A. No treaty is necessary. ' '~

Q. In your judgment, what would be the effect of any treaty that would
admit fish free ? — A. I only gather my information from the fishermen
themselves ; they all say that it would make the price offish so low tliat
they could not remain in the business.

Q. I suppose you mean the price that the wholesaler pays to tli catch
ors ? — A. Yes, sir ; what they realize.

COST OF OUTFIx.

Q. Have you any idea what it costs your fishermen for an outfit?- !
A. Mo, sir ; I don't know as I could make a very explicit answer to that.
We had a new vessel built last year, \vhich I think cost about $7,OOo!

Q. What was her tonnage ? — A. She was about 75 tons.

Q, Have you auy knowledge of a Canadian vessel like lier ?— A. No
sir,

Q. Do you know the difference of cost between Canadian fishing ves-
sels and ours ? — A. I do not.

COD-FISHING.

. t^;. . -

Q. What is the length of a codfish voyage of your vessels !-A.
They go out Monday morning and come in Saturday night, rijjht along j
through the fishing season. They go from home off on to Nantucket
Shoals.

Q. They do not fish up on the Banks? — A. No, sir; not on the Grand |
Banks at all.

THKEE-MILE LIMIT, ETC.

Q. Do you know the length of a voyage for a fishing cruise to thej
Grand Banks ? — A. No, sir.

Q. Is there anything special that you know about these fishery mat
ters that you desire to state? — A. No, sir; our fishermen at Chatbani|
were all away, and they wanted somebody to come up from Chatham,
and so I undertook to come, although I don't profess to know much j
about it,

Q. In what you say here do you express the views of your fisher j
m«^n i — A. I do, so far as I know them,

Q. The views that you have learned from them ? — A. Yes, sir.
•: Q. Have you heard any expression of a desire on their part for tliej
privilege of fishing within thoCanadian threemilelimit? — A. Thevdou'tj
wa»*t that, I put down the words that the captain told me wlio arrived!
this morning. 1 asked him about that, and he said that the mackcrelj
were mostly caught by the fleet this year outside of the tin-ee-niile limiftj
and that he caught none of his sixty-two barrels inside of that limit.

Q. That is to say, outside the threpmJlo limit when they were taiiingj
them off' the Canadian coast ? — A. Yes, sir.

AMERICAN T'I8ttK^.V tNTEREST'S.

oni

TESTIMONY OF CAPT. HENRY COOK.

PROVINCETOWN, MASS., October 1, 1886.

Capt. HENRY COOK sworn and exainiued.
By Senator Feye:

Question. Where do yon live ? — Answer. Provineetown.

Q, How long have you lived hero? — A. I have lived here 7Q years
next November.

Q, You were born here ? — A. Yes, sir.

Q. What lias been your business ? — A. My first business was going
to sea in the tishing business and in the whaling business; for the last
35 years I have staid ashore, owning a fleet of whaling and fishing ves-

■ I once had four whaling vessels, but Semmes took them and de-
stroyed thon). Previous to that I had some mackerel fishermen, 'but
that business seemed to all run out. Since 1871, the commencement of
the reciprocity treaty, it was not a profitable business, and I did no:
have many mackerel fishermen ; I had only two or three, and as it was
not a paying business, I took them out. Since that time I have been
j in the codlish business, which was a profitable business until after the
I beginning of the reciprocity treaty ; since then it has been dying out
I by inches.

REOIPROOITY.

I believe we have had but one year since the beginning of the reci-

[ptocity treaty that we have made anything to speak of, and that was in

I think in 1882 we averaged about $4.50 per quintal for our fish,

land we made a good, fair business; wo didn't need anything better

than that. But since that time and for the last three years niy vessels

are every one in debt a good deal. I think I havn't paid the captains

J a dollar for the last three years, and they owe me $4,500. They are not

[able to pay me anything, and I suppose I shall have to lose that.

COST AND OUTFIT OF VESSELS.

Q, Select one of your best vessels and give me her name. — A. The
[largest one of them is the Lizzie W. Madison.

Q. What did she cost? — A. Seventeen thousand dollars.

Q. What ivS her tonnage? — A. Since the tonnage has been cut down
jher tonnage is 187 or 188 tons.

Q. How many men does she take? — A. Twenty-two.

Q. Please state the length, on the average, for one of her cod-fishing
jtrips.— A. They average about three and a half to four months.

Q. What is the cost of her outfit ?^A. That is about $3,000; the
pages are about $3,000, that is, for this year; one year I paid $5,200
pges; that was the highest, and this year is the lowest.

, Q. What would they be paid per man?— A. They would be paid $140

or the three months.

BAIT.

Q- Do your vessels fisli on the Banks?— A. Yes, sir; on the Banks of
fewfoundland altogether.

. Q' What ani your necessities about bait there? — A. We never went iu
pithoutbait; 1 always put aboard all the bait wo wanted.

''^il

632

AMERICAN FISHERY INTERESTS.

Q. What kind of bait! — A. ( ms. I put 130 barrels of bait aboard]
the Lizzie W. Madison and 55 barrels on the smaller ones.

Q. So that you never found any necessity for buying bait on the Ca-I
nadian waters? — A. No, sir.

Q. Squid are better than clams, are they not? — A. Squid are betterl
than anything.

Q. Can you obtain those squid outside the Canadian waters ?->\,|
Yes, sir; on the Grand Banks. This yoarthey threw away all the bait]
they took from here, and which cost nie $.'i,()00 or $4,000. Some years
there are no squid up there at all ; so that we have to carry the clainsj
from here, even if we atterwards throw theui away. Wo cannot <'et|
clams without great expense. If the squid should fail any one year,!
and we had no clams for bait, it would ruin tbe voyage.

Q. Suppose the squid did not fail on the Banks, and you bad yourl
clams on board with which you had furnished your vessels, would yonl
not want to go ashore and buy squid?— A. No, sir ; never.

Q. Then, in your opinion, there is no necessity of our fishermen huyl
ing bait ? — A. Not at all. Our Bank lishermen have no use for tbein.1
Our people used to set trawls on the bottom. About 25 years ago qaitj
a number of our vessels set trawls on the bottom, with a lino and booksi
attached. The clams were not very good. Our people haul fish in wit^
a hand line. When the clams were not good then they would have I
go in and get squid. They bought these squid in Newfoundland. Bad
they don't get any now.

Q. Your opinion is that the privilege of buying bait is not worth aiiyj
thing? — A. Not anything at all.

Q. So you would not give Canada anything for it ? — A. No, sir.

THEEE-MILE LIMIT.

Q. What occasion do you have to go inside of the three-mile limit!-
A. None at all. My charge always was not to go inside of tbe liiieij
they could avoid it.

Q. Tben you would not have them go in except in case of a storm!-
A. No; unless an accident of some kind happened, or it became nectsj
sary for them to go in for repairs. They do not go within a humlrw
mUes of Newfoundland or any of the land.

. V LENGTH or FISHING VOYAGE.

Q. Dow long does it take to go from Provincetown or Gloucester ii
the Grand Banks? — A. Owing to the weather; I have known tucratd
go in four days, and 1 have been myself in eighteen days andtitteeij
days.

Q. Do you make more than one trip during the season ?— A. Ourvesj
sels here do not.

Q. Do you know whether the Canadians make more than one trip >
year? — A. I never was on the Banks since they came along there, bnj
I know from my captains' reports that they do make two or three tripf
They do not get very heavy trips. They live so much nearer the Biinii|
than we do that they go in and discharge their fish and go out again.

RELATIVE EXPENSES Ol VESSELS.

Q. Do you know how tbe (tost of the outfit of Canadian vessels con
pares with ours? — A. I do not; but 1 know that their vessels don't cor
them nearly so much.

"i

AMERICAN FISHERY INTERESTS.

633

Q Do you know the difference in the cost of the two kinds of vessels? —
Ia Yes, sir. I have paid $4.S a ton and $45 for bnildiug vessels, and
Itlieyonlypay^lS.

Q, But you do not know about the outfit? — A. I don't know about

Itiieontfit.

Q, Do you know about their sailors' wages ? — A. I do not. They don't

Ifoon wages; they go on shares.

Q. lias it not been usual with our fishermen to go on shares? — A.

Theydo in Gloucester, but not kere. The captain takes the vessel from

sottsbarea. He takes the responsibility, and we have to furnish the

[fpadstofltherout.

By Senator Edmunds :
Q, The captain hires the men? — A. Yes, sir; and if there is a mate, he
Ijraws a sbare with the captain. Tin captain draws one-half and the
[resgeltlie other half.

EFFECT OF THE TREATIES. .

Q, You have been in the fishery business for a long while; during the

ciprocity treaty of 1854, and also during the treaty of 1870, down to

khe present time. What has been the etlect upon the fishery business

pf those two treaties admitting fish free? — A. The 1854 treaty did not

ffectus at all, and I will tell you why. We educated those people for

^iiig, as we have educated every nation on God's earth. Even Portu-

1 to day has to get her education from us, and the French today fish
fn the same way we do, with the same gear and with our boats. Wo
Jiave educated the whole world to fishing. In 1854 those jieople were
moslly educated in Gloucester, and they remained in Gloucester ; they
jdidnot go home. But in 1871, wh^^n the duties were taken oft' and fish
»ere allowed to enter free, pretty much the whole of Gloucester went
Bownhomo, and they built over 600 vessels in one year that they sent
novn to Nova Scotia. That has done the whole business for us. They
jtere educated here, and then went home and built a whole fleet of fish-
Jig vessels; and when they got more fish than they knew what to do
^ith, tbey shoved them in here to choke us.

Q. What was the effect upon the general fishing interests of Massa-
ksetts, 80 far as you know, of that treaty of 1870?— A. The effect ia
Ihat it has driven us all into debt, and we want to get out if we can.

DUTIES ON PISH.

Q. Then you do not want free fish ' -A. No. We get more fish than
^eknow what to do with, even at 13 cents a pound, when we can sell
hm for tJiat. I wrot<i to France to know if 1 could sell a cargo of fish
here. What was the a' swer ? " Duties are so high that it would be
' ISO." And therefort they starve their fishermen. Season before
Bt we sent four or five c goes of fish to Portugal and sold them 'at a
[iir compensation. They ought about $7 a quintal. But we did not
Foiirmoney for nine to twelve months, andwecould not do withoutour
Ney so long. Their way is to sell their cargo to merchants, and then
whavo to wait there until the fish are all sold, and it is sometimes
Jiree months before they will give you your money.
IQ. Uow much duty did you have to pay ? — A. Two dollars and fifty
ptsin Portugal, and two dollars and fifty cents in Hayti.

By Senator Frye:

I Q Do you know what the duty is in Canada on cargoes from here I— «

'•titty cents.

G?>f

American FisrtERY iNTEfeEstS.

Q. Did .VOtl ever send any into Canada to sell ? — A. 1 have carriei
flsh to Ealifax, small flsh, and sold them there, when flsh were free

Q. Not since there has been a duty? — A. No, sir.

Q, What country is open to your fish without payment of dutvl-i
J. can't find any, and I have written all over the world. I can't M
anybody but what wants to be paid for them, instead of paying fortbi
fisli. We can send some to Martinique ; 1 believe the duties there an
not very high ; but that is a French port and is crowded with Frend
fish.

Q. How large a fleet is the French fishing fleet? — A. I dou't knowl
they have quite a large fleet, and their vessels are large, 8,000 to lO.fli
quintals.

COMPETITION WITH FRENCH FISH.

1 had some nice fish this voyage, which 1 cured about afortuighti
three weeks ago. (I want to say this just to show you how these tliinl
operate with us.) I went to Boston with those flsh ; they were dry fisi
not in pickle. I went to the dealers. They didn't want any drykshj,
all ; they wanted green pickled fish to cut up and put iu boxes. lja|
I, "Why?" The answer was, "Wo have got plenty of French f
our store-houses over to East Boston." They pay 50 cents per quint!
and deliver them in Boston. Those dealers iu Boston want to kill i
out; they are bitter against us. I have a good deal to do with tliei
They want free fish. They gather those French fish and put tbem]
storehouses. So I had to sell my dry fish foi'$2 a quintal, and tM
bought theirs for $3, and the French paid 50 cents duty. ButtB
Frenchman goes home, and his Government pays him a bounty of $:P
quintal. So the Frenchman gets $3 here for his fish and $2 at iioni
which makes him $5 gross; and that is more than we ever go-;, 1 1
goinor to say.

BOUNTIES.

' Q. Our fishermen do not get any bounty now? — A. No, we don't w^
any. 1 always went against a bounty. We don't want to fare any betj
than the rest part of our people. Give us the same privileges as c
farmers. Put duty on our fish, the same as you give protection to I
l)ork, and j)otatoes.

Q. Canada pays a bounty to her fishermen, does she not?— A. TIj
sav so — out of what she got from us.

Q. Out of that $5,500,000?— A. Yes, sir. That was all thrown aw|
I was down to that court at Halifax, and I never saw such work id I
life. It made me so mad I didn't know what to do, and I was jns^
saucy as I was mad. There wasn't anybody in Halifax, none of I
merchants there, but what told me before the case was decided, "T
Yankees have got the weather of us this time." But instead of t'
we had to pay them five millions and a half.

TREATIES WITH ENGLAND.

Q. What do you want us to do with Canada in behalf of the I
men ? — A. l)o nothing with Canada ; leave her out. She only wanti
get all the gold from us to send' over to England.
Q. What do you want us to do with Great Britain ?— A. Let heralij
Q. You do not want any treaty? — A. What do we want with Canai
Treaty ! No. If I had it my way I would make a treaty and gets
thing out of them for that five millions and a half. What have t
that we want?

AMERICAN FISHERY INTERESTS.

n.^.i

ave camejj
■ere free,

f MyUh
I can't fini
lyiug for thi
ies there an
with Frend

don't knon
5,000 tolO,(>

a fortnight^
w these tliind
were dry fisi
anydrytishi
1 boxes. Sal
French. M(
its per quints
want to kill!
do with tbe^
nd put them j
lintal, audtlid
duty. Bnttll
L bounty of If
ud $2 at bon
ever go',, I '

|o, we don't d

ofiireanytoa

l)rivileges as (

otectiontol

iiot!-A, Tlj

jill thrown awl
^ucUworkinf
Ed 1 was jttstj
Ifax, none of f
Is decided, " i
instead of I

Senator Frye. I do not know of anything.

The Witness. Enjjland is putting railroads tlirough Canada, so that

jheean draw $20,000,000 gold a year out of this country to go right

[back to England. She is in Mexico, on the south, and in Canada, on

i north, drawing gold out of this country, the same as she did out of
Itopt and every other country. She has got a little colony here and
Vreall over the world to draw the gold out of every nation and send
bhome. We just want $2.50 duty on codfish brought into this coun-

IJBESH FISH.

Q. How about the duty on fresh fish ? — A. There ought to be a strong
btv on fresh fish, too.

Q, What do you know about importations of fresh fish from Canada? —
1 don't know much about it. I only know that it affects our mar-
let. There is not much of their fresh flsh comes in, except mackerel

m the shore of the Bay of Fundy, and lobsters.

I Q. And halibut? — A. I guess there is seme halibut comes in. I never

l0e\T of any codfish brought in ; but they would fish for codfish and

rive out our fishermen any time; I know that.

Iq. Do not our vessels that go for fresh flsh take ice to keep the flsh ? —
Ves, sir.

[Q. And they bring them in in ice ? — A. Yes, sir.

REFRIGERATING PROCESSES. ,-,

|q. Are they then deposited in refrigerators and sent all over the conn-
fin refrigerator-cars ? — A. Yes, sir; they are put into sugar- boxes.

SALT FISH vs. FRESH.

iQ.What, in your opinion, is the effect of the great increase of fresh

inpon the demand for salt fish ? — A. It affects it very much indeed,

aiise people will use a fresh article before they will a salt one.

I(j. You mean it reduces the demand for salt flsh ? — A. Yes, sir ; the

Imand for salt fish to-day is not as large, in proportion to our popula-

kas it was forty years ago. I was then in the fishing business, and

Vre was a demand for all our salt fish. There were very few fresh fish

p. Our population has increased threefold in the last forty years,

lypt we do not use much more salt codfish than we did then,

Tlie fresh fish have increased, and the salt fish have decreased? —
iTIiesalt flsh have not decreased, but their increase has not been in
jiportiou to the increase of the fresh fish.

FREE FISH.

Ij. Tliese fresh fish all come in free now, as you understand it, from

fCaiiadiau waters? — A. I never knew them to fetch in any codfish.

You have known them to fetch in fresh fish, have you not? — A.

Lif of thefel
jheonlywantf

L. Let her all

Int with Canal

Ity and get ^
IWhatliavet'

,sir

smelts, herring, and mackerel.

Tliey come in free ? — A. Yes, sir. That is done away down on the
fwn shore. 1 guess. The Southern fishing business is a pretty fair
fm nowadays for us.

flBENCE IN COST OF UNITED STATES AND CANADIAN VESSELS.

By Senator Saulsbury :
You fipoke about the difference in cost of Canadian vessels, as com-
"1 with ours, as one reason why they could flsh cheaper than we

G3G

AMERICAN FISHERY INTERESTS.

can. To what do you attribute the diflference in cost between CanadiaJ
vessels and ours ? — A. There is just about a difference of one-third \i
the cost of both vessels and outfits.

Q. What is the cause ? — A. It is because their country is not so mncli
advanced as ours in their manner of living, and also because of thediffeil
ence of cost of material and labor. We want to hold up our labor. W|
dont't want a man to work for 50 cents a day. I have hired men l
work for me down there for 80 cents a day,, and thoy would work alldaj
long and half the night. For such labor here I would have to pay |
or $2.50. There is the difference. If you want a good vessel built heii
you must have good workmen and you have got to pay them good wagea
A man can't live in this country on 50 or 75 cents a day. Their mata
rial don't cost them anything hardly. They have an abundance of thaj
kind of wood of which they build vessels.

By Senator Fete :

Q. Theybuildthemlargelyof softwood, do they not?— A. Theframd
work of the vessel is hard wood, but in a great many of them the planB
ing is spruce, soft wood. I have been aboard of them down there aa
talked to the boss workmen. It costs $18 a ton down there to bnj
those vessels, while I can't get one ^uilt here in these hard times f
of $40 or $45 a ton. We don't want to come under the lash to live ad
be compelled by our Government to live just as they are. I can remeq
ber when we here in Provincetown did the same kind of work theys
doing at about the same cost. The first vessel I knew my father to bnil
here only cost him $24 a ton. But it is very different now. It did nj
cost me half as much to live forty years ago as it does now. What 8
we going to do ? Have we got to fall back and bring up our children j
not go to school, or not give them clothes fit to go in, and give tiiej
hardly anything to eatl We can't stand that. We will clear out if i
can't do better.

; }, * TESTIMONY OF CAPT. WILLIAM MATHESON.

Peovinoetown, Mass., October 1, 1886|
Capt. WILLIAM MATHESON sworn and examined.

By Senator Feye :

Question. Where do you reside f—Answer. I live here in Proving
town.

Q. What is ynr aget — A. Fifty-nine.

Q. What is your business ? — A. Fishing business.

Q. How long have you been in the fishing business ?— A. I havel
in the fishing business for thirty-five years.

Q. What kind of fishing?— A. Ood-flshing.

Q. In what capacity are you now in the business ? — A. I am nowa
here for vessels.

Q. How many vessels ? — A. Five.

Q. How long have you been acting as agent for vessels !— A. Ao
ten years.

Q. During the last treaty and since it expired ? — A. Yes, sir.

Q. What class of vessel! 1? — A. Schooners.

Q. Good ones or poor ones ? — A. Considered decent good.

f

AMEEICAN FISHERY INTERESTS.

G37

AVERAGE COST OP FISHING VESSELS.

0 What is the cost of any of them?— A. About $15,000.

0 What is the average cost per ton of good fishing vessels t — A. I
Ihaven't built .any for the last four years. The last one I built 1 paid for
|atthorateof$4Saton. , ^ . ,

I 6. You think that is pretty near an average for a good, first-class
liisliiDi; vessel !— A. It was at that time.

Q. What does that $48 include ? — A. The hull and spars.

Q. What does the finishing up, the rigging, and all that, add to thatt—
|a. One-third more.

I Q What does an outfit of one of these 75- ton vessels cost? — A. The
[oatfit would bo about '$1,500 to $1,700.

Q. For how long a trip 1 — A. Four months.

COMPENSATION OF FISHERMEN.

Q. How have you managed those vessels for the last ten years, as to
|ci«w and all thitt sort of thing T — A. I hired crews by the trip.

Q. How nmch a trip I— A. Different wages,

Q. State approximately. — A. According to the quality of the men.
jSoinetimes we give them as high as $150 and $160; and then again
lie would hire a poorer class man and give him $125.

Q. For the voyage ?— A. For the voyafre.

Q. You do not catch any fish on shares f — A. No, sir.
By Senator Edmunds :

. What would be the average wages for a voyage? — A. For such
Vessels as you ask me about, the wages would be about $1,500 to $1,700.

Q. That does not enter into what you call the outfit? — A. The outfit
|isoiie thing and the wages another.

Senator Edmunds. That is what I supposed.
By Senator Fe YE :

Q. Do not the owners prefer the old style of going on shares ? — A.

Te can't hire men very well to go on shares; business is so bad they

reliable to fall in debt.

Q. Formerly did not nearly all the fishermen sail on shares ? — A. Yes,
isir; when times were good they liked to go that way.

Q. But business has now become so uncertain that you say you have

)liireyour men instead of taking them on shares ? — A. Yes, sir.

Q. What effect has that had upon vessel owners ? — A. The owners

lave to bear all the losses.

Q. Has it had any tendency to drive them out of the business ? — A.

les, sir.

BAIT.

Q. Where do you do your fishing now ? — A. On the Grand Banks.
Q. What do you use for bait ? — A. Clams.
Q. Have you any occasion to buy bait of Canada? — A. No, sir.
Q. Have any of your captains bought bait of Canada ? — A. Not of
late years.
I Is clam bait suitable ?— A. Yes, sir.

THREE-MILE LIMIT.

I. Q. Suppose you could get squid by running within the three-mile shore
p of Canada U— A. We always get squid on the Grand Banks wbeU'

R they are there,

G38

AMEKIUAN FISHERY INTERESTS.

Q. Then vvhut occasiou have your vesselH to go iiiisulo tUc three miJ
limits ? — A. They don't go there. j

EFFECT OP THE TREATY OF 1870.

Q. What was the effect, upon the fishery business, of tlio treaty ofl
1870 (luring its continuance ?— A. It has been a ruinous busiuessforua
for the last four years. Before thiit we were getting along very welL
The last four years have been hard ones for us.

Q. The treaty expired in July, 1885. How did it aflect j ou the liJ
four years differently from the first six years of the treaty!— A. M
have it about as bad to-day for prices as at any tjrae. ]

Q. What happened four or five years agof — A. The busiuess kepi
declining year after year.

Q. Did the Canadian fleet increase? — A. Yes, sir.

Q. And did the supply offish they brought into this country increase!
— A. Yes, sir. That is what used us up. For two years, in particulan
they built a terrible sight of Canadian vessels down there, anclallweul
fishing two or three trips a year, and put their fish against us. Everj
time we sent fish to Boston, New York or anywhere else, the news woul|
come back " Here is fish from English vessels soiling for such a prio
and if you don't sell for less you can't sell at all."

Q. So the Canadian fleet commenced increasing largely about 1880 1-
A. Yes, sir ; about 1880 largely. I don't think they are building niaL^
lor the last year or so, but before that they went into it rapidly.

Q. And broke you down rapidly ? — A. And broke us down rapidly
filled our markets full of fish.

EFFECT OF DUTY UPON THE CONSUMER.

Q. To whom do you sell fish ? — A. Different ones.

Q. Wholesalers? — A. Wholesalers.

Q. You do not retail ? — A. Nothing of any account.

Q. Do you know whether the duty on fish affects the price totheeoij
sumer, the man who buys of the retailer ? — A. I couldn't say so muc|
about that.

Q. What do you want of Canada, captain? — A. We want them
pay a fair duty on their fish, and give us a chance.

FRESH FISH AND MODERN REFRIGERATING PROCESSES.

Q. How about fresh fish ?— A. We don't want fresh fish free of dutj
cither.

Q. Why not? — A. Because we have got enough of our own.

Q. State whether or not the importation of fresh fish and its iucreasj
consumption do not decrease the consumption of salt fish.— A. Yf
sir; I think the more fresh fish there is the less salt fish we shall iis^

Q. Does not the fact that, under modern processes, fresh fish can
sent all over the country in refrigerator cars, affect the salt-fish trada
— A. Oh, yes ; there is no question about that. _J

Q. So that your desire is a duty on both salt and fresh fish ?— A. Ya
sir. 1

Q. How large a duty I Is the present duty large enough !— A. i<|
sir. They have the best of us every day with duty only at 50 centsj
quintal.

AMERICAN FISIIEUY 1NTEKEST8.

G3U

IcOJlPARATIVE COSr AND UUNNING EXPENSES OE UNITED STATES AND

CANADIAN VESSELS.

Q, Ilowdo tUey get tlio best of U8? — A. Tlicir vessels do not cost
ImDie than about half as iimcb as ours, and tbeir expenses are low all
lllieffiiy through to what ours are.
Q, IJo yon know about tbeir wages 1 — A. Tbey generally go on sbarco,
bilif tbcy malio $o() tbey are satisfied. Fifty dollars is no aceount to
Lrineii. A man can't keep a family on tbat. Down tliere tbey bave
llieir farms, and tbey go out fisbing in suniuier, and if tbey get $50 in
jsli for their tisbiug, tbey can get along very well.
Q, So your idea is tbat on account of tbe low prices of Mages tbere,
leir manner of living, and tbe low cost of vessels, togetber witb tbe
leariiessof tbe Banks to tbe coast, it is impossible lor us to compete
kith them ?— A. No, sir; it is not impossible, but we ougbt to bave at
Ltiulollar duty in order to enable us to compote witb tbem on fair
Wms to us.

I Q. A dollar on both salt and fresb fisb ? — A. A dollar on botb salt
ml fresh fish.

JQ, Do you know wbere you can find a market wbere tbere is not a
|iitj!— A. 1 don't know of any. We bave to pay a duty everywhere.

BOUNTIES.

[q. Do you know whether or not nearly all other nations i)ay bounties
p tbeir flsher men? — A. They do in Canada, and tbey do in France.
[q. Do you know how much bounty is paid in Canada? — A. I bave
rteu heard them telling about tbe bounty tbey were getting,
[ti. So much to a boatman, and so much per ton to the vessel J — A»
|ts,sir. • ,'

CONSTRUCTION OP UNITED STATES AND CANADIAN VESSELS.

ItJ. Are the Canadian vessels built of poorer material than ours? — A.

[es, of soft wood. Then most people down tbere bave large tracts of
(1,1111(1 they cut their shij) timber from their lands.

jii. They plank their vessels with spruce? — A. Sometimes with bard
Itdou't coat tbem but $27 a ton to construct tbeir vessels, while
pay 845 and $48 and $50.

|Q. A great many of our fishing vessels are built of tbe best white oak.
fthoy not?— A. Yes, sir; most of them.

[Q. What is tiie average cost per ton of, say, a 70- ton fisherman, rigged
lull ready for seal — A. If they were as high today as tbey were

Iree years ago, I suppose it would be somewhere in tbe neighborhood

moilO to $8,500, or $100 a ton.

• Do you know about the rigging and fitting of Canadian vessels ?^ —

l><ui)i)ose that costs pretty near as much as ours, because tbey get

kteat deal of that material from this way. I don't think they buy

ft at any less cost than we do. Where tbey make tbe great saving

[OB the hull and spars.

MACKEREL FISHING.

•Do you have anything to do witb mackerel fishing? — A. No, sir.
By Souator Edmunds :

■Is there any mackerel fishing going on from Prorincetownt — A.
bJtiSi there are three firms in this town.

uo

AMERICAN FISHERY INTERESTS.
CANADIAN COMPETITION.

By Senator Saulsbuey :

Q. If you could buy your vessels as cheap as the Cauadians, do yon
thiuk you could compete with them in the flshingbusiness!— A. Wecaiil
get ineu hero as low as they do. Men are cheaper that way, on accoiinl
of their way of living. When we come to lit our vcsseia our fittini
costs a good deal more.

Q. The cost of wages and provisions! — A. Yes, sir; that would be l
great deal more. So, really, if flsh were $4 a quintal, wo ought to liavi
a dollar duty to compote with them, for they would do as well on $3i
we would on $4.

Q. If that $1 duty was sufficient, so that Canadians could iiotaffoi^
to send their flsh, how would it affect the market ?— A. TIic fish wonH
not rush in so freely as they do now, so that there would bo a cliJind
for us, when we sell fish, to get something for them to pay us. Jlii
as it is now, they put their flsh in so low that we sell at u loss even
time. If their fish did not compete with ours, thero would be a cbanj
for us to live.

EFFECT OP DUTY UPON TIIE CONSUMER.

Q. I am sorry that the increase of duty docs not inure to the beml
of the fishermen here, but my inciuiry had reference to the cons
of the fish. How would he be affected by this tariff of 50 cents orl
upon Canadian fish? — A. I don't think it would make much ditleren
to the fellow that uses the flsh. I guess he has to pay about the saoj
any way.

Q. The middlemen pui c up on him ? — A. Yes, sir.

Q. What is the present price of flsh to the wholesaler— that is, whi
do you get for your fish! — A. Wo get about $2.25.

Q. What does it cost you to catch them? — A. It costs us about $2.j
t a catch them.

By Senator Edmunds :

Q. Two dollars and sevonty-flve cents for what quantity 1— A. Fo^
hundred pounds. That is the way we are doing business.

TESTIMONY OF CAPT. MUEDOCE KEMP.
«<«» Peovincetown, Mass., October 1, 18

Capt. MURDOOK KEMP sworn and examined.
By Senator Feye :

Question. Where do you reside T — Answer. Provincetown.
Q. What is your business! — a. Fisherman.
Q. In what capacity?— A. Master.

Q. How long have you been a fisherman? — A. About iifteeu or|
teen years.
Q. Where do you fish ?— A. At the Grand Bank mostly.
Q. For codfish ?— A- Yes, sir.

AMEltlCAN FISIIEUV 1KTEUE8TS.

041

BAIT.

Q, What is the bait you UHef — A. Clam bait.

Q. Did you ever have occasion to go iu to buy bait? — A. IJot of bite
I years: not since wo commenced carrying clam bait.
Q, llow long have you carried clam baitt — A. For tbo last six years.

THREE-MILK LIMIT.

Q. Did you over bavo any occasion to go witbin tbe tbreo-milo sbore-
iiioforaiiytbingT — A. No, sir; no more tban for harbor.
Q. Ill a storm, or to repair damages? — A. Yes, sir.
Q. Have you done so this season? — A. Yes, sir.

SEIZURE OF THE PEARL NELSON.

Q. What veasel?— A. The Tearl Nelson.

Q. Please give an account of that all'air. — A. On our way bome we
I wilt into Aricbat, Nova Scotia, for barbor.

Q. hi a storm ? — A. Tbero was a heavy breeze of wind, and some of

I my crew that belonged there landed there that night. 1 anchored about

11 o'clock at night. I went ashore the next morning to report at the

IcDstorohouse, and of course tbe custom-house officers stopped iny vessel.

Q. Seized her ? — A. Yes, sir.

Q. For what reason? — A. For letting my crew land before I entered
Itliecustomhouse: that is all the reason be gave me.

Q. Wliat caused you to allow them to land? — A. 1 didn't know it was
any liann. I have never seen or beard of it being stopped before.

By Senator Edmunds :
Q. Had you ever done that before ? — A. I h-xl done it time and again,
I and seen everybody else do it.

By Senator Frye :

Q. And never before heard of anybody being troubled about it? — A.
[ So, sir.
Q. What was tbe result?— A. I paid $200 and got clear.
Q. You paid the $200, did you — A. Yes, sir.
Q. Did they give you any law, iCgulation, or rule? — A. Yes, sir.
Q. In writing? — A. Printed.
Q. Have you it with you ? — A. It is down to Mr. Cook's store.

EFFECT OF THE LAST TREAQ'T.

Q. What was the efi'ect of the last treaty upon the fishery business 1
[-A. The effect with me is that of course I can't get a living at it.

Q. How many men do you +ako? — A. Seventeen, all told.

(l Do you pay them wages? — A. Yes, sir. Last year my wages
I averaged about $130.

Q. For a voyage?— A. Yes, sir.

Q. How long a voyage? — A. I was gone about three mouths and a
I bait'.

Q. What was your outfit? — A. I suppose Mr. Cook can tell you that
jbetterthau I can; I don't know as I know real well.
I Q. What was the result of your operations for the season ? — A. I got
|a full fare of fish.

Q. How did they pay you? — A. None of them are sold yet, and from
|uie outlook now it is not likely they will be.
S. Ex. 113 41

642

AMKltlC'AN FISIIEUY INTERESTS.

COMPARATIVE WAGES IN TUE UNITED STATES AND IN CANADA.

Q. Do you know what tlio diflfiTciiw Is between tlie wngcs of vouji
men uiul (^unmlian wages? — A. The diftereneo is that my men aro sun
of something and Canadian men arc not sure of anything, for they onl*
get according to what the lish fetch.

Q. Tliey sail on shares! — A. They sail on shares.

Q. Will not your men sail on shares? — A. We can't get tlieiii to auij
they haven't done so since I have been going out of this town— tluitiH.
for the past lifteen or sixteen years.

Q. Ilave you any idea how much the men who do the fishing get on
of a season's fishing up there ?-"A. They get from $200 down to $10
to a man for the fishing season.

Q. Our men averaging about $130, as you say ? — A. Yos, sir.

Q. Then do they not get about as much as your men ?— A. Tliere i
no great difiference.

MARKETS FOR CAJfADIAN FISH.

Q. Where do those Canadian vessels carry their fish to !— A. To th|
ports where they belong.

Q. And then where do they carry them ? — A. There is a big pile i
them going to Boston, New York, and other American markets; tsomd
go to the West Indies.

By Senator Edmunds :

Q. They do not run them straight down here from the Banks f-A^
No, sir ; they first land in the ports where the vessels belong.

Q. And are sent oft' afterwards ? — A. Yes, sir ; by the vessels tha
catch them.

Q. Then the vessels that catch them do bring them down here some
times ? — A. Yes, sir ; after they are dried.

COST OF CUBING FISH.

By Senator Frye :

Q. You bring your fish in here ? — A. Yes, sir.

Q. What do you pay your men for curing? — A. The cost of curing
hero is one-eighth of the fish.

Q. Do you know what the cost of curing in Canada is?— A. Asfara
I can find out, about 20 cents a quintal.

Q. About what proportion would that be? — A. There is no great (li^
ference as the prices are now.

Q. Do they not employ women and children to do their work?— A
Yes, sir.

Q. What do you employ ?— A. The vessel-owners here employ wha
they see fit.

Q. You do not know what the difference in cost is between the wagej
actually paid here and the wages actually paid there In the curing r
fish ? — A. No, sir ; I don't know.

dynamite for CANADA.

Q. What do you want Congress to do with Canada for your benefitf-j
A. Blow it up with dynamite.
Q. You do not want free fish? — A. No, sir.

AMEKICAN Fiairi-IIY INTKKK8TH.

043

Q. Is (lu'io anything; Ihoy run jjivc yoii lor which you will be willinjj
',^iv« Uiem IVeo fhsh?— A. Ho, sir.
(j, iHtluTuuiiy thing thut your lltshcrnien, tliu inuu liku you, want of

Itheiut— A. No, sir.

TnUEE-MlLE LIMIT.

Hy St'iiiitor EDMUNDS:
y. Did you ever flsli for mackerel up there t — A. No, sir.
1^. Did you ever fish for cod inside tlie threo-iiiile limit? — A. When I
jkloiifjod there I did.
Q. But I nieau since you left there ? — A. Never since I left there.

TESTIMONY OF JAMES A. SMALL.

rEOViNCETOWN, MASS., October 1, 1886.
JAMES A. SMALL sworn ami examined.

By Senator Frye :
Question. Where do you reside? — Answer. In rrovincetown.
I Q. IIow long have you lived here? — A-. Seventeen years.

(i, Wiuit is your business? — A. Outfitter; I do a general outfitting
Ibusiiiess for fishermen.
Q. Wbat kind of fishermen ? — A. Mackerel, principally ; some cod.

EFFECT OF THE TREATIES. ETC.

Q. Stale generally to the committee what you know about the mack-
lerel fishing during that 17 years, and the eflect of the treaties, and
Batters connected therewith pertinent to our investigation.
Senator Edmunds. And where the flsli are caught, whether inside or
JButside of the three-mile limit.
A. The mackerel generallj', for the last 17 years, have been caught
jiotbeXew England coast, and but few, as far as my experience goes,
itlieBayof Chaleur, and a large proportion of those caught there
Jave heeii caught outside the three-mile limits. My personal experience
Dtliat matter consists in having gone perhaps a half dozen trips during
Jiell years, those trips having resulted in perhaps a thousand barrels
bfninckerel caught, half of which have been caught outside the three-
pile limit.

I Q. (By Senator Frye.) What is the reason it is not prudent to take
Msh within the 3-mile limit?

[Senator Edmunds. That is, while the treaty was in force that made
jtlawfiilforyou todoit.

I A. While the treaty was in force we could not do it lawfully.
ISenator Edmunds. I mean while the treaty was in force which ai-
red you to fish inside the three miles.

jTlie Witness. We did fish inside the three miles when we wanted to,
ptas a general thing we fished outside.

I Senator Edmunds. We wanted to know the value of the deprivatiou
Ije privilege of going inside.
Jlie Witness. That is very little.
\^- (By Senator Frye.) Why ? Is it

not because the method of fish-

G44

AMERICAN FISIIEKY INTERESTS.

iug has been changed ? — A. In ii great measure, yes. Tliey liNh wit J
seines now, wLereas formerly tbey fished with hoolc and line.

VALUE OF TUE FISUING nUVILEGE WITHIN THE TUKEEMILE UMlfJ

Q. How many vessels have you in the business? — A. We, Iiiivf^fuJ
in the business now, and we have averaged, I should think, about nrj
sail in the mackerel business. "

Q. When your vessels have fished within the three-mile sborc 1
what has been the profit on the mackerel which you have taken !

The Witness. I don't understand the drift of your tjuestion. J,si
what has been the profit on these particular mackerel tliat we taiiilii
there? ^^

Q. What has been the result of your fishing operations within tl
thre -milo limit? — A. They have not been in any way satisfactoij
useful to us ; they have not been to our advantage.

Q. ir other words, then, your mackerel cost you more than joiigoj
for them? — A. My experience is such as to cause me to believe tliatj
we had never seen the Bay of Chaleur, or North Bay, it would liavi
been better for us and all concerue<l in this town. 1 think it wouii
have been better for us if that bay had been closed up to us 50 yeai
ago. „.^ , ^ „ ■ .^,^ ;^

COST OF FISHING VESSELS IN UNITED STATES AND JANATA.

Q. What kind of fishing vessels are those mackerel vessels ?-
They average 70 or 75 cons.

Q. What do they cost? — A. The last one we put in new in 1883 coi
Wi $10,000 equipi)ed.

Q. How would Canadian vessels cost compared with that!— A. !a^
not able to say.

THREE-MILE LIMIT.

Q. By the way, how many trips have your vessels made within tii
3-mile shore line in the last 5 years? — A. I should say tiiat iu tliel
years we have made five or six trips to the North Bay, with a prodiij
of a thousand barrels of mackerel, one-half of v/hich were caught with
the three-mile limit. -

Q. During the whole 17 years? — A. Yes, sir.

Q. What value do you place upon that privilege of lishiug witii
that limit to-day ? — A. No value comparatively. We can get aloj
without it.

Q. What are you willing to give to Canada for the privilege of fij
Ing within that limit?— A. Not a cent. They should pay "s ratif
than we should pay them. It is no i)rivilegc to us.

BAIT.

" H

Q. How about bait? Is it not a privilege to bny bait?— A. Weliaj
never Lad oc • ^sion to buy bait there.

Q. Do you think it is necessary for cod-fishing to go in there to I
bait ? — A. No, sir.

Q. Is there anything that our fishermen need there except shelten
food, and water and chances to repair ?•— A. No, sir. We ask nop^
ileges.

AMERICAN FISHERY INTERESTS.

G45

bt;

:e-mile ldiitJ

tliat \vc tmidt

FREE FISH.

Q. Have our fisbcrme^been in tlie habit of drying any fish there for
Itbeiast 10 or 15 years ?— A. Not to my knowledge.

Q. Do you know any of our fishermen who have ? — A. There may
have bceii some, but I know of none positively.

Q, What do you think Canada has that she can give us for the right
of onr market free for her fisli? — A. She has nothing that will oft'set
that privilege, in my estimation.

Q, What, in your judgment, has been the eflect of free fl&h under the

treaty!

Tlic Witness, lieciprocity of 1 S70 ?

Senator Frye. Yes.

A. Its tendency has been to open a market to them and to increase
lllii'ii lleet to such an extent that, in one sense, they take the large part
if nnr market for their fiah. They hav seen the value to them of the
Uu market, and the consequence is they have increased their fleet,
lirom tlie tact that they have had these inducements held out to them.

Q, WLy cannot you compete with them ?- -A. Because they are nearer

the fishing grounds, in one sense, and r'lCy can build th«ir vessels,
if I understand the mat^jr correctly, very much cheaper than we can.

veiyihiiij; that goes into the making up of a voyage comes to them
Iclicaper. Everytliing th.it enters into the construction of the vessel is
liftiper to tbcni than it is to us.

Q, Wliat vffect upon the fresh-fish market has the importation ot
[frosli fish free, under tho construction given by the Treasury Depart-
Eeut, had ?— A. I think it has been injurious, as far as ray observation
koes, and as far as I am able to learn.

Q. Have jou any idea of the ertent of the fresh fish market in this

uiitry!— A. No, 1 have not. I know it is enormous, not only on the

a coast but on the lakes.

Q, What do you do with your niackoxvl ? — A. Salt them.

Q. You do not sell fresh mackerel ? — A. No, sir.

INCREASE OF CANADIAN IMPORTATIONS. ' ,

I',

Q, You know the condition of the market after the Canadian fleet in-

Msedsofor the last five years. Have yon any knowledge as to how

^ncii the importation of fish was increased from Canada year by year? —

i Xo, sir; I couldn't give the amount. I am not versed in the statis-

PC9,

i Q. Suppose the same condition of things should continue for the next
b or fifteen years that has been in force for the last five years ; what
pkl be the etlcct upon our fishery business ? — A. We should be driven
«it entirely. It has been going down for three years steadily. Wo
aveiiot made both ends meet in any branch of the business.
[Q. Is that true of all the fishery business with which you are ac-
Winted?— A. That is true of all that we have any interest in and all
piit I know anything about.

By Senator Saulsbury :
[Q. Have you information as to the number of Canadian vessels en-
^ed ill bringing fish into this market ?— A. I have not.
I Q. About what percentage, should you suppose, were brought here
^^anadian bottoms? — A. I have no means of Knowing that. I have
|fver studied that question. : . ■ •.^^* —

r;4fi

AMERICAN FISHERY INTEUKSTS.

SiE-

TESTIMONY OF JAMES GI^ORD.

Trovincetown, Mass., October ],im.
JAMBS GIFFOKD sworn ami exjuuined.
\\y Senator Frye:

Qneslion. What is your business? — Answer. Deputy collector of ohh-
toms.

Q. And have been for how lonj?? — A. For 18 years,

Q. Where ? — A. At Provincetown.

Q. During that time have you had any interest in, or made any in
vestigatiou of, this fishery matter? — A. I have.

STATISTICS SHOWING THE EFFECT Or DIFFERENT TREATIES.

Q, Will you state, in your own way, to the couunittee yom kiiowkdi;t'
of the fishery business, the effect of the treaties upon the businessol
this country, &c.? — A. I will state that I have examined the oflicjalic
ports of Cana«la, the annual reports before and during tlie treaty, ami j
also the auni;:;' reports of our Government during the same, time, audi!
have compiled from them some statistics. I \vm^ the reports for eaclij
year with me, but for the nnko, ot nniking a brief statoineut ';> tboj
committee 1 have jompi^ed my figures, the result of whi(!h I will {;ivo|
you. I will first give you the products of the lirifish fi.slieiies, to filiow!
the eftect of the treaty from 1872 to 1884, and the amount of iinimrta ]
tions into this country.

In 18'72 the value of IJritish proibu-ts was $7,532,200. Wo iinportedj
that year into the United States $i >1^0,08l worth.

By Senator Edmunds :

Q. That is fish products ? — A. Yes, sir. Tiie intervening years I
not give, but give them for 1884.

Q, Have you the figures tbi the intervening years? — A. I have tliefflJ

Senator lilipiUKna. ^heu make up a table and give it to th'^ stcuojji
rahmn to Ue \\v\\i- i piUt of your testimony.

TUte WltNEHSI. In 1884 the value of British products was $17,852,521^
we imported tlial jear $5,(533,560; the g.ain being in pioduotsofGreaa
Britain $10,320,521, and the gain in importations, from 1872 to 1884, iiij
qluaive, into this country w.tt. $4,013,455.

Tlio Increase of (Janadian fishing vessels and boats during the saiii^
time was as follows:

In 1M3 the fishing vessels number«Hl i02, .lud fishing l.oats 0,00

tn 18)34 they h.ad 992 fishing vesseit! and 12,772 boats, a gain of TiiKl
s Ills o^ fishing vessels iind 3,703 '>oats.

Tn 1883 the l'rt)vince (.f Kova Scotia alone added 143 (Isliing sclioouj
ers. chiefly bankers, and 1,520 men, to her already large fleet.

And in this connection 1 refer the committee to Report on tbeCaiia
dian Fisheries for the year 1883, page 21. I have tbat rei)ort witli \ti

I will now state the decrease in American tonnage during tliesiiiuj
period.

In 1873 the fishing tonnage of the United States was 109,51!) tous.

In 1884 it was 82,565 tons, the loss amountiug to 2(),0r)4 tons.

1 will now sjtato the decrease in the number of fishing vessels iu tlij
Bix ports of Cape Cod, that is, in this county.

AMERICAN VISIIEUY INTERESTS.

U1

lector of (II V

Q, That is, the district of Barnstable 1! — A. That iuoliulcs the whole
I ilijtrict of Biirnatablo. .

In 1873 the number of vessels belonging to I'roviueetown was 190
Lil. (I would say that this is taken from the official records at Barn-
jtalilo, froii- ^''*^ liitest anthority.) In 1885 there were US sail.

InWolltleet in I87;i there were 71. sail; in 1S85 there were 47 sail.

Dennis biul in 1875 40 sail, and 10 sail in 1885.

(liatliara had IS sail in 1873, and ^0 sail in 1885, beingag.ain of two,
I ;iii(l the only one that has gainiHl . ,.

Plymouth had one in each of those years.

Hyminis had one each year.

Tlie total for the six ports in this district was 200 sail in 1873, and
|!KKisail in 1885, a loss of GO sail and 12,000 tons during that time.

I will now state the catch of vessels belonging to Barnstable County
Itkt fished in British waters during the treaty.

By Senator Frye:
Q, What do you mean by "British waters" — within the three-mile
liboreline?— A. No; inside and outside altogether, in liritish waters.

By Senator Edmunds: . ,

Q, That is, the waters of the Canadian Provinces?— A. Yes, sir;
[over which they claim Jurisdiction.

Olio from Dennis took 240 barrels of nuickorel in 1879.

Six from Welllieet took 70 barrels in i88(), none in 1881, none in 1882
iin(11883. The product altogether there In 1884 was 185 barrels.

Five from Provincetown in 1884 took 500 barrels. One from Prov-
incetowu took 200 barrels in 1885.

During this term of four years from those six ports there were 10
pssels that made voyages to the British waters, and tlie^ took a little
fcverllO barrels. I should say that this yes^r >ve Uad seyoiul, but t'^WO
>islnitone that nuido a successftil trip. ^ '' ^'^^ '^'' ' *''^ ^'^" ■"^^'

By Senator Frye : ; . i . ;.. ti ;

^ Q Cau you toll as to the cost ot that macKcrel, wiieHier iliey paid

prthelCveaselsf— A. No, sir.

1 Q. State as nearly as you can as to that. — A. There was a loss.

pongst the 10 voyages there may have been two or three that were
fliitable, but the rest suffered serious loss, and during that time two
sels were lost from this port, one with an entire crew, the loss exiioed-

jifliy lar the gross stock caught in those waters during that time.

THREE-MILE LIMIT.

By Senator Edmunds :
IQ. You spoke of one vessel this year fishing in British waters ; what
Id you mean by that!— A. There was more than that.
[Q. Do you mean inside the three-mile limit 1 — A. No, sir ; there were
pe vessels from this port this year in the British waters, all fishing
'shore, and they brought in 1 ,420 barrels, an average of about 158
Irtels to ea(!h vessel.

U Yon do not call the Grand Banks British waters ?— A. No, sir.
|Q. You mean in the ne:"gliborhood of the islands at the mouth of the
bwrence?— A. No, sir; in the Gulf of St. Lawrence.

By Senator Frye : , ..

|Q- But not within the three miles f — A. No ; none of our vessels have

..... ... ,ii

G48

AMKiacAN riSffEUY inthhmsts.

Mhm Wittiri im tHfec-mllo limit this year. There was one of those!

In tte t
cak of

vcSHcis I speak of that made a very successful trip.

Q. Did those 10 vessels during that time fish within the three-
luile shore line when they had that privilege, or did they take most of]
their iisli outside 1 — A. They took most of the fish outside.

CANADIAN ESTIMATE OP VALUE OF INSHOEE FISHEEIES. \

Itit Just allow me [o quote to show the estimate of the British them- '
selves in regard to the value of those inshore flshe-xes'. |

Q. "What do you (^iiote from t — A. From the offtcial report of J. Ilim.
ter Duvar, inspector of fisheries for the Province of Prince Edwards
Island in 1883, before this treaty was made or had been mooted. Tbisl
Is in reply to an accusation made by the fislierraen there that the seines!
were destroying the shore fisheries to the I ook-and-liuers. The in I
specter examined the complaint, and says :

At the very time that tbo committee of the International Fisheries Exhibitim n |
about to induce nn Americau fisliing vessel to visit British waters for the purim-i
teaching British fishermen the art of seining, continued complaints are niado to i
by a certain class of line Hahers against seining, on th-j plea that the use of the scinoi
(Scares mackerel from the hoolc.

After sliowing these complaints to be groundless, Inspector Diivar|
continues :

Ifc is true Home Americans seined successfully this season within sight of land, ktl
as a general rule thoy prefer sea-room, aud usually iind their schools beyond thesbal-j

10W waters of the hook-and-liners. « * » Further inquiry shows that liook-aml-]
Ino in shallow water, or innhoro fiHlijiip. must I'o abandoned by British fiebermcnJ
lUd that seining must evuuiuaily do luu fobnghieeil htaotico for the inain umckerei
fishing. ^

He adds i

Mere Beino-l)oata, and merely picking up stray schools within the threo-miio CanaJ
dian limit, will be found quite i efficient. Schooners of some burden would take lli(
place of shore boats, and would scatter themselves over the Gulf, as do tbo AmciicaiiHi

That is, if the British fishermen would i)ursue the mackerel fishini
efficiently they imist leave the inshore suallo^7 waters, and, like tlii
Americans, fish off shore, in the deep waters of the gulf, where th^
body of mackerel are to be found.

> u., BAIT.

The matter of bait has been alluded to. Provincetown isthosed
end port in importance in amount of tonnage and number of vcsseli
that visit the Grand Banks, Gloucester being the first of New EuglandJ
and I would say that there has not been a single vessel of the entiri
fleet of this i)ort that lias touched a Canadian or British port for haS
this season, aud that within the last flv^e or six years there havchcej
perhaps on an average two vessels that have gone into NcwfonD(llaD|
to purchase squid. It will not exceed two v'essels.

I also wish to call attention to the fact that the Canadians arc
debted to United States for bait, as well as our vessels to them. Therf
is a large amount of bait jjurchased by them from Maine; nif^stoff
goes from Maine; and when the gentleman who furnishes this bait wa
here this spring I qU'.stioncd him about this matter, and he told metlia
the total yield of clam beds in Maine was about 18,0Q0 barrels; llmtw
average annual sale to the British Provinces wf^ f- nno or 7,000 barrel^
and that the average prici for the Ijiat five yema s. ,u '■',."" per barrr
That amount will go a great ways towards '<a!;.( i-.hig ^ly ni /^i)veiiien(i|

f':r.'^

J?o -vvl;-

v^:h'^M

1

AMtelliCAN i^ISHERY INTERESTS.

fJlO

TC(lorivc from not being allowed to procure bait from them. Tber*' .s
aclass of vessels making short trips for fresh fish that run in there for
bait, but tbey could be supplied from Eastport if necessary: they could
stocli up with bait at Eastport and ice it, and get it there in good con-
dition.

Q. So that in your opinion there is no necessity for any American
vessel going in there? — A. No, sir.

Q. The privilege of going in for bait is not worth anything? — A. No,
sir. Tlierc is another inconvenience and sometimes damage connectesl
with it, and that is that while they are in there the crews frequently
qtwl tlieir money and draw upon the owners ; so that it is generally
lOiisidercd undesirable by owners for the vessels to go in for bait.

TRADINa LICENSES FOR FISUERMEN.

Bi

By Senator Edmunds :

Q. Have any of the fishing vessels that have left this port or this dis-
trict, 80 far as you know, since the treaty terminated, taken out any
otliertban mere fishing i)aper8'? Have they taken trading papers? —
A, Yes, sir; we have five fishing vessels that are now laid up, and one
of them lias been laid up for two years, a good vessel, because of her
niiiniug in trade.

Q. What I am speaking of now is the custom-house papers issued to
tliese vessels. They ordinarily take a fishing license? — A. Always.

Q. Have any of those vessels having these fishing licenses that have
Couc there this year taken what I will call commercial papers — th:itis,
tlie same sort of papers as a vessel would take that wanted to go to
Xovii Scotia to trade ?

■Senator Frye. What you call a permit to trade.

k. There are two kinds of papers. Fishing papers perult them to

tisli, of course, and then if they wish to go coasting they take out a

coasting license. If they are going to trade to Nova Scotia or any ibr-

I eigii port they take out a register. The fishermen who thought they

were liable to go in for any purpose whatsoever, to re)>air damages or

I for other causes, have taken permits to touch and trade.

Q. (By Senator Edmunds.) As well as being registered? — A. Yes,
[ sir,

Q. You speak of their being registered. If they arc going in for the
I purpose of buying ice, for instance, would you call that trading? — A.
No, sir. We consider a fishing vessel has authority to i)roeure bait or
I ai)}thiug that is necessary for the fishermen.

By Senator Frye :

Q. Under the permit to trade? — A. Under the fishing license.
[Ilierehas never been any question raised on that point.

By Senator Edmunds :

Q. llave any of these vessels taken out any different or more papers

tiiisjeartlian before?— A. More of them have taken out permits tt^

toucli and trade, but very few have used them. I'erhaps there may

jiiave been half a dozen vessels that have been in, either going to or

Icoiiiiiig from the Grand Banks; I think the number will not exceed

jtliiif, and probably will fall short of it,

retail and WnOLESALE PRICES OP. FISH.

,1 have some statistics in relation to the retril and wholesale prices of

^';.# .,.,_V

C50

AMERICAN FISHERY INTERESTS.

Senator Edmunds. We should like tbcin very much.

The Witness. I took paius to write to Kew Orleans, to 0
Milwaukee, New York, and Philadelphia, au' saw some parties irom
Concord, N. H., and some fresh fish dealers o Boston, who were here
in regard to these prices, Generally we kno\> here what the whole-
sale price of fish is in New York. The prices thus asked for and given
were for December in 1872 and 1873, and up to 1885, so as to include
the years before and after the treaty.

Q. Hare you the prices for every month in the year, or only Decem-
ber ? — A. I got only for December. It is a very difficult matter to get
at these prices, and I had a good deal of trouble to get them.

Q. You have the prices for the same months in all the years for pur-
poses of comparison ? — A. fes, sir. 1 thought December was perhaps
as nearly a representative month as any.

In Boston fresh cod sold in 1872 from 8 to 10 cents retail; No. 1
mackerel from 20 to 25 cents.

Q. Twenty to 25 cents a piece? — A. Yes, sir. But the other item
was 8 to 10 cents a pound.

In 1885 I found the prices the same as they were in 1872 and 1873.

In Philadelphia in 1872 cod sold for from $0 to $8 per quintal; the
retail price of No. 1 mackerel was 18 cents.

Q. Do you mean salt mackerel, or fresh ? — A. I moan salt mackerel,

In 1873 the prices were the same.

In 1878 cod sold at from 5 to (i cents a pound, and mackerel 15 cents.
I will state that in that j^ear the quality of the mackerel was exceed-
ingly poor, and that accounts for the low price.

In 1885 cod retailed at 5 to G cents a pound, and mackerel were 18
cents.

In Concord, N. H., in 1883 aiid ISSi cod sold at 10 cents, as also in
1885 ; mackerel sold in those three years at 20 to 22 cents.

Q. Every time you speak of the price of mackerel do you mean b.v
the piece ? — A. Some were returned by the piece and some by the pouud;
but most of them by the piece.

Sell ator Edmunds. Then when you speak of the price of mackerel!
hereafter and mean to speak of the x^rice per pound, say so, and then i
we will understand when you give the price of mackerel only that yoii j
mean the price by the piece.

The Witness. In Milwaukee in 1873 and in 1878 cod sold for 8 cents j
a pound, and mackerel at 20 to 25 cents each.

In 1885 the prices were precisely the same — 8 cents for cod autl20to|
25 for mackerel.'

In Chicago in 1873 cod sold at 10 to 12 cents a pound, and mackcrelj
20 cents each.

In 1878 they sold the same.

In 188G they sold for 10 cents a pound, and mackerel IS.

In New Orleans in 1872 cod so'd for 12^ cents a pound, and niackj
erel at 23 cents a pound.

In 1873 cod sold for 10 to 12^ cents a pound, and 20 cents a pomidj
for mackerel.

In 1874, 10 cents a pound for cod, and 20 for mackerel.

Q. How much will No. 1 salt mackerel ordinaril^^ weigh ?— A.
good ma(5kerel ought to weigh a pound and a quarter.
' J^. That would be the average in half a barrel?— A. They ongbtt(^
\^ei!,'h that,

J^' 1 878 in New Orleans the price of cod was 10 cents a pound, an^
m 17Ji

AMERICAN nSIIERY INTERESTS.

061

In 1879 and 1885 the price of cod was 10 cents a pound and inackercl
20 cents a pound.
The average during the treaty for No. 1 mackerel was $10.01 per

barrel.
The average price of No. 1 mackerel in Boston in 1871, 1872, and 1885

was mMh
Q. For each of those years ? — A. Yes sir.

By Senator Frye :

Q. Less than the average during the treaty ? — A. Yes. It was $16.01 '
daring the treaty, and was $12.84J before and after the treaty.

During the present season, to show how this thing operates, our
vessels have been to Boston with fresh cod, and could not obtain 25
cents a hundred pounds for them.

Q. Fresh cod in good condition ? — A. Fresh cod in good condition.
At the same time they were retailing for 8 to 10 cents a pound. The
truth is that they have all over the country been kept up at the high
prices that were established during the war.

Q. You mean the I'etail prices ? A. Yes.

It may be that some of the gentlemen present can give you better
(than loan the average i)rices for codfish in Boston, but according to
the best information I have, I judge they have not been over $2 a
quintal, that is, 112 pounds.

Q. That if* the wholesale price? — A. That is the wholesale priceduring

I that time. 1 had a minute somewhere showing what the wholesale i)rico

was in Philadelphia during this time; but the wholesale price was not

liiilf these last three years in Philadelphia what it was from 187.'3 up

I to 1884, and the retail price is unchanged, or is a trifle lower.

-ill

■I

EFFECT OP DUTY ON THE CONSUMER.

By Senator Frye : r

Q, Then your idea is that the duty Las nothing to do with ttio con-
hnmert— A. Nothing at all. The fisherman cannot realize the cost of
lliiscatcb, while the consumer has to pay these large prices. Of course
Ithat tends to destroy consumption and operates to cut it off largely.

By Senator EDMUNDS :

Q. Your conclusion is, then, from your information and observation

linthis business — and your opportunities certainly have been very good

[-that the provisions of the treaty of 1870 and 1871 did not operate at

lalltotbe actual advantage of the people who ate the flsh t — A. No^ sirj

1 think tbat is fully demonstrated. / . .;_ '', r; ' .

Q. And that it operated to the disadvantage of the men wHo flttea

atlishiug vessels and the men who sailed in them? — A. Yes, sir. The

profit is really reaped by the middlemen, by the dealers. It is for their

dvantage, undoubtedly, to have free flsh ; they invest a good dea} less

money aud get larger profits.

THE COST OF CANADIAN OUTFITS, ETC.

By Senator Frye:

Q. Yon have investigated somewhat the cost of outfits, and of snp-

^ying vessels, and generally the advantages the Canadian has over usT

^A. I have a little statement here that I took from a Canadian captain

pbo happened in here with a load of salt flsh Last winter, and that will

G52

AMEUlCAN FISHERY INTERESTS.

perhaps give you as good an idea in reference to that as I could give
you in any other way.

By Senator Edmunds:

Q. What kind of salt fish was itf — A. Cod.

Q. Dry, or pickled? — A. Dry fish, exported in bond. They were bonded
* here and exported, because they could got them so much cheaper than
they could get our fish, although the fisli were rather inferior to ours jn
quality. In this statement I do not give tho li uiie of the vessel, bocaiiso
I thought if I gave the name of the master and vessel it might annoy
the captain when ho reached homo, for of course the statcnieiit 1 make
would bo known, and consequently I thoiight it prudent not to state
the name of the vessel.

The vessel belonged to Yarmouth, Nova Scotia, and was of 71) tons
burden. She made two trips to the Banks in the season of 1885 and
returned with 2,400 quintals of codfish. The American Kchooiier lien
jamin F. Rich, of Provincetown, of 05 tons, owing to the greater dis
tance from the fishing grounds, made one trip the name season, and
brought into port 1,600 quintals of codfish.

The cost of the British vessel, prepared for fishing, was $1,000, nr
$50.03 per ton. The cost of the American schooner — 17 tons less tiian
the other, prepared for fisliiug — was $0,500, or $100 per ton. Tlie
outfits of the former — salt, bait^ provisions, and fishing-gear, together
with wages paid the crew — amounted to between $1,J)00 and $2,00(1,
The same items cost the American vessel $3,025. The wages paid tlio
British crew were $75 to $82 per man. Those paid the American crew
were from $125 to $190 per man.

Q. That is for the whole season? — A. Yes, sir. The season is one
voyage with us. If our vessels are gone but two months it makes no
difference, they get the same pay.

Q. The British vessel made two trips to the Banks? — A. Yes, sir.

Q. Is that $75 per man for each trip? — A. I understand that is for
the entire! season.

The Canadian crew were required to prepare the vessel for sea, to re-
ceive and stow cargo, and to discharge her, and wash and stack or store
the fish on her return to port. The American fishermen did not per
form this service. The crew on the former vessel were obliged to wait
for their pay until the fish were sold and money for them received,
whereas the latter, the American crew, were promptly paid and dis-
charged on arrival in port.

The curing, drying, and handling of the Caaadian fish was done by j
women and girls, who received 0 cents an hour and 25 cents by the day,
The curing, drying, and handling of the American fish was done by j
men, who received from 20 to 25 cents per hour, and that is always so,

WAGES, HOW PAID.

Q. When these men from this port on the fishing vessels are paid,
are they generally paid in cash? — A. Yes, sir.

Q. They do not have to run up what is called a store account!— So, j
sir.

Senator Edmunds. From my experience in Canada — and by "Can
ada" I mean the whole of that eastern region — I understand, in gen
eral, that nine-tenths of all these British fltiherraen hardly ever see a I
doll.ar of their wages in cash; that they have a store aci^nnut, justasj
is customary with some operative establi.shmenta, where goods are so

AMERICAN FISHERY INTERESTS.

653

inerican crew

lit very IiikI^ prices, and the operative comes out at the end of tlio year
with iiotliiii}? due liiui. The conscqueuce is that the outfitter has a lieu
ou the lishenneu all the time, and the amount of profit that is made by
that Caiiiulian outfitter and vessel-owner is enormously greater for that
reason, und the actual wages of the fishermen are very much less in
proportion than the figures you give, because for every $75 that they
earn tbey get not more than perhaps half of that amount in real value
iu goods, whereas our men, being paid in cash, can buy, like everybody
else, at the lowest cash rate.

Tho Witness. Our men are generally paid in cash. This vessel I
spoko of, tho Pearl Nelson, arrived one day and the men were paid off
the iioxt, and that is the custom. Your statement confirms i)recisely
what this captain told nie, that they were obliged to take a considerable
portiou of their wages in stores. It is to the interest of the vessel-
owners for the men to go on shares, but it is found impracticable to
get them to do so. They usually carry one or two sliaresmon, and
sometimes others of the crew will go on part shares. But the men here
generally have families, and they don't want to take the risk. They
prefer <i fixed sum, so tliat they will know how to make tlieir calcula-
tions, and so that when there is a loss that loss will fall upon the own-
ers, as it has the last few years.

SUBSEQUENT CUBING OF FISn BROUGHT IN FROZEN.

Uy Senator Frye : v

Q. I want to call your attention to this fresh-fish business. — A. It is
a very serious matter in connection with tho fisheries.

Q. Their admission free of duty ? — A. Yes, sir; there is a very largo
amount brought in.

Q. You remember tho language of the tariff act, " Fish, fresh for im-
mediate consumption " ? — A. Yes, sir.

Q. Under that, your experience shows, does it not, that all fish come
in in a frozen condition? — A. Yes, sir. That has not come directly
within my jurisdiction, because we do not have entries of that sort. But
I icuow, iVoin the general business, and our own reports too, that that
is tho fact.

Q. From your experience in the custom-house, is there the slightest
ilifficulty in bringing in a caigo t:^ fresh halibut, for instance, in a
tiozeii coiidition and transporting them to Boston, New York, or any-
where else, and subsequently curing them ? — A. None at all ; there is
nothing to hinder it. The only question to settle at the custom-house
IS whether that fish has not been salted or cured in some way. If it is
fresh, that is all we have to consider.

By Senator Edmunds :

Q. Suppose 1 come to-day with fifty tons of frozen salmon into this
port and want to make a regular entry, what would you do? — A. Under
the ruling of the Department and precedents, I should be obliged to en-
ter them free.

Q. You would consider that they were for immediate consumption ? —
A. Yes, sir.

Q. Suppose, ff/fther, that, having made my entry and paid my duty,
I take my fish ashore, put them into ice-houses, and come back and say
^ you, " Now, Mr. Gifford, I have got clear of you j ' immediate con-
sumption' to me means that I am going to carry that stock of fish to
supply the shoresmen here just as long as I can keep them frozen; tho

H^B.*

crA

AMERICAN FlSIIKltY INTERESTS.

last one inobably will not bo oiitoii for six nioiilhs"; what would vou
do then? — A. It would bo beyond my jurisdiction.

Q. Although I told you tliiitl intended to do so! — A. Yes, sir.

^ By Senator Fuyk :

Q. Take that same cargo, and is there any difficulty in haimitortiii"
it to any point in the country under the present system of refii}{eratui
cars?— 'A. Oh, no.

Q. Is there any dilliculty in keeping uhem for months ? — A. No, sir'
they are just as niucli preserved as though they had been salted.

By Senator Edmunds:
Q. Practically I understand you to mean then — it is obvious onougii-
that the words in the law, " for immediate consumption," aa tofrcsli
tish, do not anjount to any tiling at all? — A. Not to anything at alitor
lish that come fresh.

FRESH Fisn.

By Senator Frye :

Q. Has not this modern process of freezing lish and transportiugthcni j
over the country in refrigerator cars immensely increased tUecousump-
tion of fresh fish ? — A. Oh, j^es.

Q. What effect has that had upon the consumption of salt lish!— A,
It has decreased it very much. For the past three years tlieyhavoj
been running fish through to Chicago, both dried and fresh. They used]
to have a pretty largo market in Chicago for our fish, but in thekstl
three years that mariiet has been principally supi)lied by the (J<madiau|
fish run right through.

,., ,, - , , ^ GRAY AND WHITE HALIBUT.

Q. Is it a fact that the gray halibut is the halibut that is smoked!-]
A. Yes, sir.

Q. And the white is marketed fresh ? — A. Yes, sir.

Q. Is it also true that the same cargo of halibut will have portions I
that will be gray and ought to bo smoked and other portions white j
that ought to bo marketed fresh? — A. Yes, sir.

Q. Then would not the result be that part of an ordinary cargo ought j
to be sold as fresh and part as smoked ? — A. Yes, sir.

Q. What uu c;,ns would you, as a custom-house officer, have of 1juo«-|
ing thS-t half of a cargo of halibut was subsequently smoked and '
of it was sold fresh ? — A. Even if I did I don't see how I could iiitcrj
fere. The que stion is whether, when the entry is made, the cargo coniesj
within the terms of the law admitting it free, and if it does, that isi
far as I can gc with it.

Q. Under tlie decision of the Treasury Department in tlie caseatj
Gloucester you understand that it is fresh fish? — A. Yes, sir.

TARIFF ON BOTH SALT AND FRESH FISH.

Now, in rel.'ition to the tariff, I don't know of any good reason why
we should not have a tariff on fresh fish as well as salt. The Cauadian^
have a tariff on all fresh fish that come into their country, just as the?
have on salt fish. Tlicir tariff is a cent a pound, and it is only atair tanj
as compared with the duty on other ])roducts. Three dollars audnft;^
cents would only bo an ordinary aiid fair price for cod. That amounts.
I think, to only about 13 per ceno.

AMERICAN FIHIIERV 1NTKKE8TH.

665

Q. Tlial in " ii tariff lor rovoiiue only "I — A. A tiirifr for rovomio only ;
that would perbai>8 bo i\s higli ii duty us would bo judicious to i»Uico

uiiou itt

IN-SUOBE PISUlNa AND O'J HER CANADIAN PBIVILEOES.

Q. Do you know auytliiug that mir flalioruion desire of Canada? — A.
5o, sir. They bavo only just one thing that is of any 8or<- of value to
u«, ami you have heard what that is — tlie privilege of going in there
and of perhaps purchasing some little thin^ that they uuiy be out of, as
a matter of convenience ; but that is a tri\ ,,il matter. So far as trans-
iwrtation is concerned, I think we have in some cases availed ourselves
of the privilege of transporting home the catch of mackerel.

Q. Tbrough Canada i — A. Yes; to IJoston. But, so far as the in-shore
fishery is concerned, it is not worth any contention. You will liud that
when Mr. Johnston was C'.iiiadian secretary of inarino he stated that
the shore fishermen wlio are pursuing this in-shore fishery, as a class of
men, are constantly i)Oor and are really paupers ; their ( overnmeut is
continually compelled to help them. Ue says they spend their lives in
mending old nets and dogging around the shores without accomplish-
ing anything.

THREE-MILE LIMIT. ^

Q. Do you know the fact that it is shown by the statistics that dur-
iiij; the twelve years of the treaty the average number of our vessels
going within the three-mile limits was 93^ a year? — A. I have not ex-
1 amined that.

Q. Do you know that the statistics show that the actual cost of all

I the mackerel taken within the three-mile shore lino was double the

price obtained for them? — A. I should judge it would be, from what

qierience we have had in the ports on the Cape here; I should think

it would cost all of that.

T
AVERAGE PAY OF FISHERMEN.

Q. It strikes me that you told mo at Washington — can you tell mt
JBow!— about the average pay that fishermen all through this section get
Ik a year's fishing. — A. No. I think likely it was Mr. Babson gavo

Ijouthat. - ^ '.>:,.., -^'v:

INSHORE FISHING. * ' • '.

By ^jcnator EDMUNDS :
Q. lias any vessel from this district been interfered with ? — A. I
lliink Captain Kemp's is the only case. In fact, they have had very
Ittle chance to intcfere with our vessels, because they have been kept
mj. This inshore fishery, you perfectly understand, is of advantage
|o the mackerel catchers only, and the mackerel interest is the smaller
Titercst ot; the two. So that with our fishermen that privilege is per-
«tly valu'^less. We have never sent a vessel to fish inshore. During
« treaty we had on an average about ten codfish vessels that fished
m British waters, but just out of sight of land.
Q. Mackerel vessels go from this port, do they not? — A. We have
pteeun 'p,kerel vessels; nine ot then, on account of the scarcity of
Fkerel oii our own coast this year, have gone there, and one of them
06 a full trip, but only one, ,We have averaged about one vessel a

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23 WEST MAIN STREET

WEBSTEM, N.Y. 14580

(716) 872-4S03

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■»,

65G

AMERICAN FISHERY INTERESTS.

TESTIMONY OF OTIS M. KKfOWLES.

After tbo adjouiuinent of tbo subcommittee at Provincetown on
October J, J 880, Otis M. Knowlcs, ageut for tbe Union Fish Company
located at Proviucetowii, made tbe following statement, not under oatli'
whicb was ordered to bo embodied in tbo testimony : '

Tbat bis company is tbe owner of several mackerel fisherwen* that
during all the time of tbeir ownership none of them have ever taken a
mackerel within the three-mile shore lino of Canada; thnt ia lb84 the
Ashing schooner Emma P. Curtis, Captain Kich commanding, made a
nine weeks' trip in the Bay of St. Lawrence, fishing outside the three i
mile shore line, and caught 125 barrels of mackerel, on wliich she i
stocked $916.79 ; tbat during the same time and tbo same length of]
time tbo schooner Alice captured on the American shore 950 barrels (
which she stocked $0,000; that also during tbo same time and the samel
length of time tho schooner Stowell Sherman captured 700 barrels on]
the Americac shore, stocking $5,000.

' TESTIMONY OF S. S. SWIFT.

S. S. SWIFT also ai>peared under the same circumstances and mad^
the following statement :

Is a dealer in fish and oils ; is owner of fishing vessels at i'rovino
town, Mass., and is largely interested in the foUoxving naused veSoeln;|

Cost of schooner Annie R. Konip ?14,892t

Cost of schooner F. Woodruff 12^591 ;|

Cost of schooner Ellen A. Swift 12,()(JI ",

Cost of schooner Willie L. Swift ll,4ib^^

Coat of schooner Leon S. Swift 12,'M 1^

Cost of schooner Ethel Swift 13,742 8|

Cost of schooner Nellie Swift 11,116^

Cost of fish stores, ilake y.irds, lish butts, wharf, &c., about 1/,

105, 524 f
Tha oxiionso to run his baainess was about $8,000 per year.

As an illustration of tbo profits of the business, Mr. Swift seleito
the schooner Nellie Swift, and submitted tables for the years 1883,18^
1885, and 1S80, as follows :

Schooner Nellie Siti/t, voyage 1883; number ti'dntala, 2,82[).

Whole stock J7,311(

Groat generalc 'i,(&ii

4,6111
One-eighth making ilsh i'di

Amount oil added *25l|

.■-',;. 4,7(j0|
One-fourth vessel's part - 1,1*' |

Small general bill , 9H{

Ctowb' wages • !'i*

Loss ,„.,,,....,..,„„--- I.l'H

AMERICAN FISHERY INTERESTS.

Verfsnart $1,11)0 12

Q„j.pigbth aud oue-foiirteeuth luakiug lisli 54 '25

1,244 37

Sem>\'s 1j-1'S» $^^- ^ •' "'terest, |667. 01 ; iusuraucc, $889. 35 2, 425 22

Loss 1.180 85

Taxes and depreciation not considered at all. '•,■-. . t .'«.,• •

Schooner Nellie Suift, 1884 ; numler quintals, 2,55i.

i Stock H320 13

I Great generals 2,239 10

2,081 03
le-eigbth making fish tl(V) 13

■ • • 1,820 90

I Anionnt oil added 387 59

2,208 49
I One-fourth veBsel'a part 552 12

. 1,656 37

[Smallgcucrak 702 29

954 08
[Crew wages 3,9C3 25

Loss 2,949 17

[Vessel one-fourth part -.. 552 12

|lo88 on making fish 48 45

503 67
lYessel's bills, $1,189.24 ; interest, 5l)67.01 ; insurance, $889.35 2, 745 60

Loot 2,241 93

Taxes and :l.epreciatiou not considcied.

Jquiutals, at $2.10 $5,880 00

{Breat generals 1,768 18

4,111 82
lie-eigLth making fish -, - 513 97

, ^ . , 3 597 g5

Jmonnt oil added 348 75

3,946 60
M-fourth part vessel 986 65 .

■ ' - • 2,959 95
all generals 934 65

■ ^ ■ r 8,025 30

"wwages 2,635 00

Loss 609 70

I part 986 65

fence one-eighth and one-fourf;eonth 93 97

1.080 62
iel'8 bills, $1,100; interest, 667.01; insurance, $889.35 2,656 36

L«88 1,575 71

8. Ex. 113 4a

058 AMERICAN FISHERY INTERESTS.

Schooner I^cHw Swift, 1885; quintals, 2,900.

Whole Btock.-..,. 17,256 5,1

Great generals l,7Gsii

5,'
One-eighth making fish |

Amount oil addei* '^jg.

5,221 (

One-fonrth vessel's part i^^c.

Small generals i;4i||

_ • mi

Crew wages 2,995 1

Profit 2:i)(

Vessel's one-fourth part 1,31155

Difference one-eighth and one-fourteenth making fish ,„ . 107 1

1,4SS
Bills, $1,189.24; interest, $667.01; insurance, $889.35 2,7456^

Loss 1,272 J

TESTIMONY OF WILLIAM F. JONES.

' "■: Boston, Mass., Octo&cr 2, 1886. j

WILLIAM F. JOifES sworn and examined.

By Senator Edmunds :

Question. What is your age 1 — Answer. Forty-four years.

Q. You reside in Boston ? — A. I reside in Boston.

Q. What is your occupation ? — A. I am a member of the firm of T.i
Jones & Co., commission merchants, dealing mainly in fish.

Q. How long have you been in the fish business ?— A. I began i
1861, but was out of it for a time, being in the army during partoftlj
war ; then I have been in it since 1864 continuously.

Q. Do you fit out vessels ? — A. No, sir. We are commissiou mej
chants, selling fish mostiy from the British Provinces, though we del
to some extent in American fish.

Q. Where do your principaJs mainly reside in the British rrovinces!^
A. In Nova Scotia, principally.

Q. In what kinds of fish do you deal ? — A. All kinds.

Q. What is the largest part ? — A. Mackerel, codfish, aud Lerriug.j

Q. Fresh, or salt, or both ?— A. Salted mainly; a little in fresb fi^
but not very much.

EFFECT OF THE TEEATY OF 1870.

Q. What was the apparent effect, on the fishery trade that you \^
engaged in, of the treaty of 1870-'71, when the laws hatl been passea
put it into effect, which, I believe, was about 1873; was it notl-AJ
began July 1, 1875. You mean if there was any change at that tip

Senator Edmunds. Yes.

AMERICAN FISHERY INTERESTS.

659

A. I am uot uwaro that tlieru was very much, except that certaiu of
the cheaper grades of flsh could not afford to pay the specific duty. It
does not make any difference ta my firm whether there is a duty on flsh
or not, provided trade is good and fish are bringing good prices.

Q. lam not speaking of its effect on your business, as to personal
profits, but as affecting the quantity soW, the prices obtained, and so
on,— A. The larger prices for flsh were obtained about the close of the
Tar during the Inflated period, when all kinds of goods brought high
prices. The prices of mackerel, particularly, change greatly from one
vear to another, without reference to the duty. For instance, the price
this year has been double that of last year.

Q. But you did uot observe on the occasion of the free flsh coming in
iu force that the prices fell? — A. They fell just before that time, and
reaction came in 1871-'72. Prices had been exceedingly high up to that
time— too high ; but a reaction came, and there was a very large decline,
and very heavy losses were sustained both in the winters oi 1871-'72
and 1872-'73, just before this treaty came into v peration. So that I don't
think that any difference would have been shown by the introduction of
fish free. In fact, I remember particularly the testimony before the
Halifax Commission, wherein it was said by many Nova Scotians and
the fishermt ii of the Provinces down there that to them it was a very
good thing ■,o have a duty, becaus'*. they got so much better prices wheu
fish were dutiable than they did during the years 1871 and 1872, when
fish were free. That was simply due to the natural operation of t'^e
courses of trade; but they thought they had better have duty on be-
i cause they got so much better returns from their flsh during that time.
That, however, was the inflated period during the war and just after-
i ward, when prices of all kinds Wore exalted.

Q. [That, I suppose, is not your opinion! — A. No; it had nothing to
I do with it.

Q, That was a delusion I — /.. Take this year and last year. Last year
I prices of all kinds of flsh were exceedingly low, and there was a surplus.
year everything except codflsh is very scarce, and the prices of
[ everything have advanced a great deal. In many things we are obliged
today to go to Hajifax or St. John, and to pay whatever prices they
jchoosetoask.

Q. For what kind of flsh? — A. For herring, mackerel, salmon, and for

had. However, the capture of shad does not amount to much this year.
Ilnfact, the capture of pickle fish of any kind this year is the smallest
Jever known.

Q. That is true of salmon? — A. That is true of salmon. Mackerel
|«hich last year brought $5 at this time are worth $10.

Q. Then how is it that the fishermen think that they are having a
jhard time?— A. I don't know. I think the figures prove that the
jfisherraeu are not injured by duty on fish, because during the

By Senator Frye: ' " - -'^ • ■"■ '''''' '

Q. By the freedom from duty you mean ? — A. Yes, sir. The fishermen
iMeuot injured by the freedom from duty, because during the thirty-one
Ijears before 1885 the American fishermen made all their profit. I have
])otted down a few figures

By Senator Edmunds: •' . • ,r

Q. Wait a moment. I want to ask you one or two more questions.

'«o not think you quite understood, or have not answered my last

finestiou. You say that the prices of fish, they being scarce, are higher

wsyearthan last?— A. Yes, sir. That has been because there have

till fewer flsh caught.

660

AMERICAN FISHERY INTERESTS.

PROFITS OF FISHERMEN.

Q. Hjivo the fisliermen been making-more profit this year than last?-
&.. No. A few of them have clone fairly well, but the greater part of
them have made very heavy losses, that is, in the mackerel lisliinc
In the cod fishery the catch has been large, and it remains to be provcli
what the result will be. My own opinion is that, all kinds of picklo
fish being scarce, the consumption of codfish will be increased and
there is a hope, which there was not a month or two ago, that'tLey
may come out and make both ends meet.

Q. But at this moment the fishermen's operations for this year have
not been fortunate? — A. Very unsuccessful as a whole. Mostoftbe
mackerel fleet will lose a great deal of money; it won't begin t> pay
some of them have got nothing. '

Q. Although the prices have risen? — A. Yes, sir.

FISHERIES STATISTICS.

Senator Edmunds. Now you can go on and give the fignres jouj
spoke of a moment ago.

The Witness. The United States census for 1880 gives the capital j
invested in the New England fisheries at $10,937,607; the product was
$14,270,293. I deduct ten per cent, for the expense of doing the busi-
ness; that is an ordinary allowance in general business; that leaves!
$12,843,264. Take 40 per cent, for the share of the vessels ; that is tbel
general settlement for the shares of vessels. That 40 per cent, wonldl
be $5,137,305, or nearly 26 per cent, dividend on the investment in the!
New England fisheries. That is from the last census report I have seen,]
for 1880. But the years 1881, 1882, and 1883 were better years. TLerol
were larger profits made, and the business will probably show betterj
results.

Q. Why do you stop at 1883? Why not bring your statemei.t down!
to this time? — A. Because in 1884 there was an excessive catch of
mackerel, the largest catch ever known, and that was a poor yearj
owing to the large catch.

Q. How much did they make that year? — A. 1 don't think they made|
anything that year.

Q. How much did they make in 1885 ? — A. I don't know ; there hi
never been any statement made.

Q. Do you mean to say that you can get figures for 1883, and caiinotj
for 1884 ?— A. I have given you figures for 1880, and I say those are tliaf
last figures I have seen.

Q. You spoke of 1882 and 1883.— A. I say I know that they wen
better years in the fish business, but I cannot give you the figures.
merely say, in giving you the result for 1880, that $o,137,305 would
amount to a dividend of about 26 per cent, on all the capital invested
in the New England fisheries, and that was considered a fair year. Bui
the years 1881, 1882, and 1883 were better years; prices wore higli^
and more profits were made.

Q. The figures you have given us for 1880 were, after all, prol
really those for 1879?— A. No; I got them from the census report f«
1880. I

Q. But the census was taken in Juno, 1880, and it must have Iwj
taken on the product of 1879.— A. If that is so, that makes it strongej
for J870 was a poor year. I had taken it to bo 1880,

AMERICAN rlSHEftY INTERfiSfS.

tint

Q. It can hardly be possible, I should think — A. From 1S77 to 1879
were poor years, I know, in the mackerel business.
Q. Yon iiave evidently given the figures for 1879, notwithstanding
Tou got tlicin from the census report for 1880 ; and then you say that
the succeeding years up to 1883 were better still? — A. Yes, sir; I say
iliatin tliose four years the profits, particularly of the mackerel fish-
eries, were exceedingly large. The schooner Edwi.rd ]'j. Webster of

, ^ ^_ Gloucester, stocked $104,000 in those years (''stocked" is the term

ago, that tliey ^m |,s(m1 in tlie business), and, in dividing, 20 per cent, is taken for expense

r than last!-
reater part of
jkerel tisliing.
s to be proved
uds of pidle
ucreased, and

this yearliave
. Most of tbe
begin fj piiy;

lie figures youj

;ives the capital I
the product was I
doing the busi-
3ss; that leaves]
sels; that is tbe j
I per cent, wonldl
1 vestment in thej
port I have seen,!
^er years. There]
ibly show better]

statement downj

.cessive catcli off

as a poor yearJ

think they madi^

know; there lia*

1883, and caniioj
say those are th^

w that they v^en
ni the figures. ,
-^,5,137,305 vfoulj
capital invest^
.a fair year. Ml

■ices were bigu

I'ter all, probiibj
census report tof

must have
Lakes it strongel

iiitittings, &c., 40 per cent, for the crew, and 40 per cent, for the vessel ;
there is over $40,000 for those four years for a vessel that cost some
$!0,0()O or $12,000. But there were many other vessels did as well.
Q. What fisliing was she engaged in ? — A. Mackerel.
Q. Where!— A. She sailed from Gloucester.

Q. Where did she catch her fish ? — A. Wherever they were ; they
iii;;lit liavo been on our shores or in the bay, probably on our shores.
Q. Wore you agent for that vessel ? — A. No.

Q. Have you been, from that time down to now, the agent for any
American fishing vessels ?— A. No.

Q, So that whatever your information is, it is not information derived
rom your personal knowledge of business transactions? — A. No, it is
[derived from the statements of the owners of these vessels made to our
1 organization.

Senator Edmunds, I ask you this question, because, when we go
lover to Gloucester,«which is the grand headquarters of these people,
JTCsliould call their attention to the alleged very heavy profits that are
Dg made in the business, and therefore I should want to know pre-
jcisely what you mean and what your sources of information are.

The Witness. During the time these vessels were doing so well they
[wrevery good to give out for publication the results of their trips.

Q. Was the case of the Webster, which you mention, a case of ex-
jtniordinary luck, or did that luck apply to the whole fleet? — A. The case
lof tbe Webster was probably a case of skill on the part of her captain.
JHehas got a positive genius for catching fish, but there were other ves-
Isels that did nearly as well. The Nellie M. Rowe was fishing the last
|two years and she made $55,000, which was really better in proportion.
Q. Supposing the whole number of vessels to be a thousand, what
|wnld be the average? — A. That we do not know.
Q. AVliat do you think it would be, taking the whole business to-
gether!—A. I haven't any means of knowing what it would be for the
Vliole.
Q. You do not mean to say, then, that you state the instances of the
M)ster and the Kowe as being fair samples of all the vessels engaged
itbe business?— A. Not at all; I merely wanted to show that it was
issible to make such a large quantity of money. ^ And I remember
lliatthe Commissioner of Fish and Fisheries, in his report published in
P3-I cannot quote from memory — after mentioning some of these
~|rge stocks of vessels, made a remark something like this: If it is re-
Nbered that these vessels fish only eight mouths in the year at the ut-
post, and most of them only from four to six months, it appears that
p business has been very profitable for many, and that the greater
prtof the fleet made fair returns.

[Q. That is the Canadian Commissioner you 8i)eak of? — A. No, the
[iited States Commissioner. He makes that statement in the Report
>Fi8h Commission for 1883.

41? i^

602

AMfeRtCAN FIStlKilY INTERESTS.

WHOLESALE AND RETAIL PRICES.

Q. How do ibo retail prices of flsb in this market compare witb the
wholesale prices f What has been the advauce per i)ouiul, or per cent.
or any way you choose to state it, so that we shall undorstiiiul itf-.A!
I don't know much about the retail prices.

Q. Do you know anything about it? — A. Well, I know thut that is
one of the things which do not vary very much. The mackerel market
now is a fluctuating one, down one day and up the next, varying con
stantly.

Q. Take it last week, or today ; what is the retail j)rice of No. 1 mack
erel in Boston? — A. There is hardly any mackerel eaten in boston
Codfish

Q. Do you think there is no retail price? — A. I suppose there is, but
I don't know what it is; I never bad occasion to inquire, I know that
very few mackerel are eaten in Boston.

Q. Take codfish ; are codfish eaten hero ? — A. Yes, sir ; I sliould say
that the retail prices of codfish would be probably from 0 to 8 cents a \
pound.

Q. What grade or number? — A. There is no number on codfisb. Itj
is 8imi)ly a question of bank lish or shore fish.

Q. You do not mean those that are skinned and put up in boxes f-
A. No; I mean the whole fish.

Q. What is the wholesale i)rice? — A. The wholesale price today isl
about $2.75 for bank fish and $4 for the best shore «fish per quintal nfj
112 i)ound8.

Q. Then the retail price is more than double the wholesale pricef-
A. Yes, sir; when I speak of the retail price 1 mean selling tbelishj
singly.

Q. That is what you mean by " retail"? — A. Yes, sir.

Q. So that, if I went to you as a wholesale dealer, and bought 112]
pounds, supposing you would sell me a package at the wholesale price,!
and then 1 sold it right back to you — if you traded with me as a grocer-
you would pay me double what I paid you for it? — A. About double!
but you must remember that they go through two or three or loardiff
ferent hands, and consequently there are tliat many profits on thogooda
Then as to the retail price there is a dift'ereuce. You may go to lilackj
stone street, where the dealers sell to the poor peo])le, and theydonoj
get the profits that the dealers do up town where they pay liigb renti
and expect to get a good deal more. The retailers who sell to tbepoore^
classes would vary the prices of fish more in accordance with tbewholft
sale prices. I have seen them quoted down there at very reasonably
i-etail prices.

!^&,4 •! EFFECTS OP THE TREATY OF 1870-'71.

Q. You did not observe any special effects upon the market M
taking off the duty under the treaty of 1870-'71?— A. It resulted prnlij
ably in an increased importation of the cheaper grades of flsb.

Q. Now let me come to the termination of the treaty in 188.'), ^m
the duty was put on. Did you observe any effect on the market froj
that? — A. There was a very considerable falling off' in the importatioij
during the first three months of the year.

Q. How as to the prices? — iv. The prices were not affected. Wcha|
here last year a large supply left over.

Q. I am not on the reason; I want to stick to that particular poj
at this moment. We will assume then that the price immediately a»^

AMERICAN FianERY INTERESTS.

663

wards was not affected, and we will assiuno that there were some im-
portations, as I suppose there were?— A. Yes.

Q. Then the foreign importer, the producer offish, had to pay his 50
cents or $1 on a certain number of pounds — I have forgotten what it
vM' out of whose pocket did that dollar flnsilly come? If the price in
this'market was not affected, it did not come out of the consumer or
American middleman ; then it must have come out of the foreign pro-
ilncer must it nott Ue did not, make as much by that sum, did he? —
, A. It caino out of him for the time being.

Q. In that case it would bo clear, would it not, that it must have

been that much loss to him?— A. It came out of him on the things

I which wo have on our shores. You must understand that there are

i some kinds and grades of fish that come from the Provinces that we do

ot get on our shores at all.

WHOLESALE AND RETAIL PRICES OF HERRING.

Q, Snch as ^A. Such as herring. All the fat herring consumed in

liis country are importations, from the Provinces.

Q. We will speak of herring. Are herring graded I — A. They are
[graded as large, medium, and small.

Q, Take the larger herring, which are the best, I suppose? — A. Yes,
I sir.

Q, What was the wholesale price of herring during the season of
|li>'54 and down during the winter of 1884? — A. 1 haven't looked up
Itliose points, and I could only speak from memory. I should say $4.50
IlKT barrel.

Q, Bow many pounds? — A. The Massachusetts law does not provide
[for any nnmbcr of pounds. Say 200 pounds. That is the way we sell
Iniaclierel.

Q, Have you the retail prices for herring ? — A. No.

Q, What was the wholesale price of that same kind of herring in the
IsDuunerof 1885? — A. It began at $5 and wont down during the spring
jtotbe exceedingly low price of $3.

Q. Which spring? — A. This last spring. There was a very heavy
'/ of herring last year.

Q, So tliat on herring, so far as it appears from your testimony, the

bntting; on of the duty did not affect the wholesale price in this mar-
ket'-A. No.

Q. And you have said that it generally does not affect the retail prices

ktall as to any kind of fish?— A. 1 speak more of codfish. I do not know

iliat the retail price through the country is.

' Q. I am talking about Boston; and Boston, we think, is quite a con-
enible part of the country. — A. Not as a consumer of mackerel or

ferring.

Senator Frye. I suppose that when this witness speaks about the
sarket for mackerel, herring, or anything of that kind, he refers to the
fholesale price, and not to the retail.

1 The Witness. That is all I know about. Wo sell to the largo ship-
j(re,and 1 have no knowledge of retail prices.

|Senator Edmunds. Now you can go on and state anything else you
^ire to. You spoke about some reports.

FISHING TONNAGE.

IThc Witness. I was going to say that the statement has been made
Wour fisheries were injured, and the illustration that has been given
imow It was the decline in the tonnage. The dedino in the tonnage

'»*ii

^

(u; 1

AMERICAN FISHERY INTERESTS.

waH owinff entirely to different causes. According to the statistics of
the United States Commissioner of Navigation, the average tonnage
during tlie yearg 1854 to 18G6, which was the period of the reciprocity
treaty, was 155,179 tons.

From 18G0 to 1873, when the duty was imposed, it fell to 89,034 tons.

From 1873 to 1885, during the operation of the treaty of WasLinc
ton, it fell to 82,988 tons.

Now, the average tonnage fell during the time that wo paid duty
something over (>U,000 tons, and when we had free trade again itoiilv
fell 0,000 tons.

Q. Since the duty was reimposed has the tonnage increased, or di-
minished?— A. It has decreased a little and will probably decrease a i
good deal next year, owing to poor success. If you follow the tbing uji ]
you can see very closelj^ that the tonnage engaged in fisheries varies |
up and down from year to year during a period of three or fouryearf,
according to the success or failure of the lisheries. I remember tliatiil i
1877, 1878, and 1879 we had very small catches of mackerel, and
fleet fell off a good deal. In 1880 we had a good catch. In 1881, ami |
np to 1884, the fleet increased considerably. The mackerel fleet in 18.SI
was 298 vessels, with crews numbering 4,258; that is. New England- j
Massachusetts and Maine.

In 1884 it had increased to 301 vessels and 5,017 men.

The cod-fishing fleet in 1881 was 004 vessels, 0,402 men.

In 1884 it was 769 vessels and 8,778 men.

Now, I think 1881 and 1882 were the profitable years on account of |
the high prices of codfish. In 1883 there was a very considerable in-
crease of the cod-fishing fleet, an increase of between fifty and BixtyJ
vessels and 900 men. That was the improvement for one year.

EXPORT TRADE.

One reason why I think our fishermen will receive more damage tban I
benefit is on account of the export trade. We are going to sell all thej
fish that are exported, and we have a very considerable trade in pro-l
vincial fish with Dayti. Within the last three days I have sold 3,0001
quintals of codfish in bond to be landed here to be packed iuUoval
Scotia. That is a distinct injury to the interests of American labor, to dol
the packing of goods and to furnish the casks out of the country. Tbatl
falls partioularJy upon the Maine fishermen rather than the Massacbu-j
setts. Massachusetts cod-fishermen pickle the codfish. That swellsj
them up and inakes them look white, and they sell some salt and water!
with them when they are sold. The Maine fishermen dry their codfishj
very largely, and in previous years they have relied largely upon tbis!
export trade, and have sold a large part of their codfish to be exportedj^
We are now competing with them. My firm has been working uptbafc
business, and we are selling very large quantities. Mr. Nickerson,oD
Booth Bay, a member of one of the largest fishing firms in Maine, toby
me three days ago that he thought the effect of having a duty on lisW
would cause him a loss this year of $5,000. He realizes the fact tbat \\\
is going to hurt him very seriously in his sales of codfish.

Senator Edmunds. Just explain how that is.

CANADIAN COMPETITION IN LABOR AND MATERIALS.

The Witness. They can do th e packing a little cheaper down tberq
in Nova Scotia ; they get their casks cheaper and their labor cbeaperj
On codfish it is a very close thing, and a matter of 10 to 12J cents r"
quintal wjU result in turning the scale.

1

AMEHICAN FISHERY INTEHESTS.

(k;:)

Q. If tbcro were no duty, and if packing can be done cheaper there,
fhy would they not do it still t — A. Because the cnstomers here don't
tketobuy Nova Sc^ytia packing; they prefer to do the packing them-
selves, and then they know what they are packing. They fear that if
they tnist it to somebody else some inferior flsh may bo put in.

Senator Edmunds. Taking the case you have stated, I do not see —
probably it is because I do not understand the business — if you ca>i find
amarket for your flsh in Hayti, and if it is cheaper to pack. them in the
British Provinces than to pack them here, irrespective of the question
of duty, why the temptation of the man who wanted to make the most
money out of it would not be exactly the same.

The Witness. It is just as I tell you. They prefer to do their own
packing. It has been a very difficult matter within the past year to
get thein to buy these Nova Scotia flsh in bond, but we have now suc-
ceeded aud v,ve now selling them very large quantities. It may work
tliat way again, supposing the duty should bo taken off. But in the
past, before the duty was imposed, the Maine aud Nova Scotia fisher-
men were exactly on a par in regard to the sales of flsh in this market.

HAYTIAN DUTY ON FISH.

By Senator Frye :

Q. Is there any duty on flsh in Hayti t— A. Oh, yes.

Q. How much? — A. I don't know what the duty is; it is quite
large.

Senator Edmunds. Their duty is the same, whether the flsh come from
i Xova Scotia or from Boston T

The Witness. Yes; it makes no difierence. The duty this year has
I bad a distinct effect in raising the prices, because the catch has been
|«gbt.

IMPOETED AND DOMESTIC HERRING.

We are obliged to get the most of our herring from the Provinces,

[because we don't seem to get a supply. I have compiled some figures

forfive years, and I find that the only year in which the receipts of

domestic herring in this port were anything like those from Canada was

in 1880, when we had 26,492 barrels from domestic ports against 29,000

I from Canadian ports.

The next year is 1881. In that year the American flsheries only pro-
|(lnced 12,000 barrels against 44,000 in Canada.

In 1882 there were 10,500 barrels from domestic ports against 41,900
I from Canada.

Eighteen hundred and eighty-three furnished 9,121 barrels from
lAmerican ports against 84,650 Canadian.

I In 1884 the domestic receipts were 7,885 barrels against 65,000 from
I Canadian sources.

Senator Edmunds. When you say that this year the duty has had " a
Iflistinct effect" — I believe that was your phrase — in raising prices upon
jherring, you mean that the American fish product find fish catch made
jtte market price?

The Witness. No, not on herring at all. We only catch the cheaper
jNcs of herring on our shrfres. All our best herring must be ira-

wed from the Provinces. We have no other sources of supply. Last
fear, as I told you, there was no supply. This year they have got a
werate catch. l ^ ^

^^■Miv

fi(^f^

AMERICAN FISnKRY INTERESTS.

EFFECT OF DUTY ON PBIOEB. ' «

When we want to buy any goods wo have got to give the prices tbat
tbey name there, and then a<ld the freight, duties, and otijcr expenses-
then they Bay to us, "If you want (Isli at that price, you can have them-''
otherwise tlicy won't ship.

By Senator Edmunds :

Q. So in that case you thiulc that the duty is paid either by tlio wbole-
sale dealer hero, or by the retail dealer, or by the consumer, or by all
of them together, as the case may be f — A. Yes.

Q. Do you know what cft'cct the wholesale price has had this year
upon the retail price t — A. No, I don't know. It must be higlicr.

nERRINO.

In New England, as I understand, the herring are only caton by the
Irish poprJatiou ; I don't think anybody else eats them. They are in
the habit of buying herring by the barrel, I fancy. The very small
shopkeepers buy a single barrel of l^erring an<l peddle thorn out by the
piece.

Q. So you do not know whether the peddling out to separate families
of hj'lf a dozen a day has raised the price or not? — A. No. Idou't
come in contact with those people at all. Tlie wholesale dealers aud
jobbers in Boston could probably give you information, because tliev
are in communication with these people who make these sales, but i
don't sell in that way. I sell to the wholcsaL' dealer.

Q. You sell to the jobber? — A. I sell to the jobber. I do not come in
contact with these people, and do not know anything about it.

Q. You think that the retail prices are higher ? — A. I think the retail 1
prices must be higher ; herring are now selling at $0.50 that were selliDg
at this time last year at $4.50, an .advance of about GO per cent. Sol]
think the retail price must be higher.

Q. The retail dealer, however, who sold out hid supplies iu very small j
lots to families and was making 150 per cent, profit, might make profit!
enough on the whole business by not raising his prices, followiug the }
wholesale prices, and consequently having more sales'? — A. rossibiy,

Q. How that is you do not know as a fact? — A. All I know is that!
the jobbers tell me that it is difficult to sell the fish at the high prices;!
that it diminishes the consumption ; that i^eople cannot attord to pavj
those high prices. The Southern trade would certainly bo very muchj
affected. There is a cheap grade of herring that is used in the South.!
Herring worth last year $1.40 per barrel in Halifax would cost here abont j
$2.75. We could not sell those ; they would not take them oii" ourTiands J
and the Southern people must have eaten something else. This yea^
we know that they are beginning to want them. Herring are a littW
higher in Halifax. When business is generally good these flsb coma
here and pay duties, and a profit is made. More than half the fishwjj
import are of kinds that we do not get on our shores.

' ■ ■ CODFISH.

In the pickle-cured codfish Massachusetts has no competition witl
the Provinces at all. Their fish arc nearly all dried, and of those driej
fish we {ire selling this year the larger part in bond. No Bank fish f"
coming here duty paid.

AMKUICAN riHHEUY INTEltESTS.

no?

Q. Tlio pickle-curcil aro all dried before tlioy are sont to tbis country,
jretlioy not?— A. Tbcy aro dried a little, not niucb.

Q. Tbey nro driod enough to pack in bales? — A. Oil, yes; they put
tk'in ill l'o>;<'S' They are the Ush that a {jreat many people like because
ttipy look w liitc. They are really not so good a iish to those people
kIui really know what a good codfish is. There is a market for all wo
fiiiiliiin},' into this country of the best class of llsh from the Jlritish
Pioviiiics, ."cud no matter how low the prices of other fish may go, those
I lifnt class of fish will always bring a good price. The best grocers in
I the city want those fish, and will pay for them, and will have them;
and it there is a duty on them we have to make a larger price.

MACKEREL.

So with large mackerel. My firm has sold a gro.at deal of mackerel

I toGloncestor and Portland, and oven to Provincetown. Only the other

ilay 1 sold $1,000 worth of mackerel to go to Provincetown. We have

always liatl a largo trade with Gloucester. They would not come to

[Boston to buy fish and take them down tlicre, paying freight on them,

ifthey could get such mackerel from their own vessels.

Q. What aro those mackerel ? — A. Larger mackerel. The mackerel
n our sliorcs have run small of late years.

Q. What grade?— A. They are No. I's or largo 3's.

Q. Take tliat $1,000 worth you sold lately to Provincetown ; what
I grade were those? — A. Those were fat mackerel, mostly I's and 2'8,
Isomers.

Q. What did you get for them ? — A. Wo sold one lot, uncullcd, at
||1U,50.

Q. Yoiulo not speak of uncuUed mackerel Jis largo mackiiel? — A.
jlhey are large and medium, not inspected — mackerel just as they wore
[canght, largo and small, the larger part of thorn being medium size. I

old some to Provincetown for $15 a barrel.

Q, Were those sold for consumption ? — A. Yes.

Q. For the homo trade ? — A. Yes, for the homo trade. The Provinoe-
Itown party wo sold to is an owner of fishing vessels; ho had no luck,
land some one of his partners has been scouring tho coast of N'^' "*
IScotia.

BOSTON TRADE WITH PROVINCETOWN AND GLOUCESTER.

Q. As I understand it, that Provincetown sale was for consumption
jat Provincetown and along the Cape, and tho party who bought from
|vou wanted to fill an order ?— A. lie w anted to pack them and sell them
owkrever his orders may have como from.

Q. Is not the same true as to Gloucester? — A. Certainly. This is
H a question of this year, because they have been doing it for the last
pytars. But I meau to say that when they come to Boston to buy
mn Scotia fish it shows that tho American fishing vessels don't catch
I'l tlie fish required for the trade of tho country, not oven mackerel.
I Q- Or else it shows that those dealers at Gloucester and Province*
pu want to fill orders, and not having the fish for that purpose, tho>
pud to where they can find them ?— A. Exactly ; that is all I sai\ It
pws that they do not catch them. If their own vessels caught them,
Fdthey could get them from their own vessels, fchey would not come
•oljoston to buy them.

Q. If they had them at the particular time when they had an im-"

wtant order?— A. This is lasting right straight through the season,

1 ■".

GG8

AMERICAN FISHERY INTERESTS.

We have bad large customers in Gloucester, own* rs of fisLinpf vessels
who have been customers during the year and at all seasouaorthe
year.

Q. A steady trade? — A. Yes.

Q. Who are these gentlemen of Gloucester ? — A. The largest firm
and the one we fc-ell the most to is the firm of George Perkius & Son?-
and we have sold John Pew & Won some mackerel, but not very receut-
ly; I don't think we have sold them anything this year; 1 beliove tlicv
are the largest vessel-owners in Gloucester; they certainly claim to bo
the largest tish dealers in the country ; I don't know that they are, and
I don't think they are quite so large as one or two Boston concenia, l)ut
that is the claim they make. Those two concerns buy the largest qiiari
tity of mackerel in this country. John Pew & Son are commission
merchants.

: , ' .;■ ■ ■ ..:.,■■. DUTY. '■■ ■: h,''/': - ■■ ',:-:,

Q. Suppose the duty that now exists had been taken off on the first
of July last past, would you have sold these lish to those Gloucester
people for any less ? — A. I i)resume I shouh^ ; yes, I think so.

Q. You would have been willing to break the market, take a less
price, and make less proiit ? — A. 1 think the mackerel from Nova Scotia
would have come here at an oarlier period. The duty prevented tjcui
from sending the mackerel hero in the early part of the season, but if
the duty had been taken off that would have brought them here earlier,
and they would have sold at lower rates. They sold them tbcro be-
cause they thought there was no chance to do better. If there bad been
no duty we could have had tho usual supply earlier in the serson, but
they could not afford to pay the $2 duty, and so they did not scad tlieir
fish here. If they had been sent here our dealers would have all got
them at the lower prices, and consequently could have afforded to sell
them at lower prices, and the consumCiS could have had them at lower
prices.

Q. When the prices rose sufQciently to enable the Province nconle to
afford to pay the duty, then they aent them here? — A. Yes.

:■'''- NATIONALITY OF THE FISHERMEN. -

Q. Now state anything else that you want to. — A. I don't know tbat ;
there is anything else that I have in mind to say, unless it is on tlie ;
question of the nationality of the fishermen.

y. Vessel owners and officers, of course, are all Americans!— A. A
good many of the captains are Americans, as a matter of form, but |
they reside in Nova Scotia.

Q. But they are American citizens ? — A. They are American citizens; ,
they have been naturalized as a matter of form, but a great many of j
there go home when the fishing season is over and live in Tfova Scotia r
1 Buppose 75 per ccpt. of the crews of American vessels are not natives
of the United States. The two counties of In^ eruess and Cape Breton,
in the island of Capo Breton, and Shelburne and Yaruioutb,in Nova
Scotia, furnish about five thousand men to our deet. As to what other
localities furnish I do not know. The cry was made last yeartbattliej
fisheries were a training-school for the Navy, but that was so absurd j
that I ^liought it worth while to mention it.

COMPENSATION OF FISHERMEN.

Q. How much, if you knew, do these fishermen of tlio rrovinefS||
fishing in British vessels, make in u season 1 I mean tlie crew.— A. Tliej

AMERICAN FISHERY INTERESTS.

nno

crews of mackerelmen go on t-hares. The cod-flsliing crews are paid
aU)ut $!-•'>• Tliore is anotlior point : Tlie claim is being made that
tijisis in tlio interest of" American fishermen. Dining the time of free
ipule, before duty was put on, tlio fishermen were paid from $225 to
^LMii for a season, but that has been cut down to about $125 ; it has
cer'aiii'-y been cut down 40 i)er cent. Tliuu was justified by the condi-
tion of the business. Trade vvas languishing, and fish wore bringing
low prices, and they had to cut down rhoir prices. So this shows
ffbether or not it was in the interest of the fishermen to have the duty

put CD.

Q, You Ijnow a good deal about this Nova Scotia business and the

prices paid to the crews of British fi^hermei:. Do you know in what

form tlieir wages are paid, whether they are paid in cash when they ar-

iriveiu tie ports of Shediao, Charlottetown, Halifax, or wherever; or

I Joes the fisherman have a running account with the fitting-out man,

audbavc poods charged against him /or the use of his family and him-

, and tiicn settle at some time or other ? — A. I suppose he has an

account in some cases ; it may be one way or the other.

Q. Have you any knowledge about that? — A. No; I haven't any spe-
I cial knowledge.

Q. The British mackerel crews, if I '^ndersi^and you, go on shares I—
I A. Yos, auu their cod-fishing crews, too.

Q. I thought you said the cod-fishing crews were paid in cash If — A.
I 111 the United States.

Q. I am talking about the Provinces. — A. In the Provinces very few
I of tbciJ, 80 far as I am aware, are paid wages.

Q. When you were speaking of codfish just now, did you mean Amer-
iican!— A. I meant American ; 1 meant the American vessel-owners had
I reduced the comp'^nsation 40 per cent.

Q. Then what you said about it being reduced firom $225 to $125 ap-
plied to American vessels? — A. Yes, sir; that is about what they have
I been paid, so I have been told.

Q. Now I understand you to mean that all the provincial fishermen
go ou shares?— A. Almost entirely.

Q. Substantially ? — A. Substantially. . ■

PIVISION OF PROFITS. , ... •

Q. Leaving out the oflicers now, what share do the crews get ? — A.
I The usual division is 40 per cent, for the vessel and 40 per cent, for the

I crew.

Q. Then what becomes of the otaer 20 per cent. ? — A. The 20 per cent.
lisexpenses of fitting.

Q. How is that 40 per cent, for the crow divided between captain and
I mate, if there is a mate, and the regular fishing hands? — A. I don't
Ibow. J don't think there iu any universal rule about it. 1 think some
raptains who aro better fishermen than others — and there is a vast dif-
feionce between them, you know— get better pay.
I Q. That is according as they can make the lay ? — A. Yes; that is the
I Bsual and ordinary division.

KEPOETS SUBMITTED. ^

I Q' You had some reports you wanted to submit, did you not say f —
jM will leave them with you if you wouiu like them.
^. Wuat reports aie they?— -*».. They are reports of our fish bureau,

5 ( Iff 8 111

-I
,1

a

mm

G70 AMERICAN FISHERY INTERESTS.

> INCEEASE AND DECREASE OF CANADIAN FISHERIES.

By Senator Satjlsbuey :

Q. You are engaged in the fish business with the Provinces. I would]
like to ask you whether there has been, within your knowledge any
very large increase in the Canadian fishing fleet for the last few years'f I
— A. I tried to get statistics on that last year from the inspector-gen- 1
eral of fisheries for the Provinces; I have forgotten his name. He (li(i|
not have any very complete record. Their fleet increased considerablyj
about the beginning of the treaty of Washington, but last yearithatj!
fallen off considerably since 1879; 1879 was the highest point itreacLed I
and it is considerably smaller to-day than it was. From 1879 to 1883 it]
increased, and fji ice that time it has fallen oft". But they had not {jot it]
figured ui) in the Dominion of Canada, an<I did not seem to have full andl
complete particulars. So far as he did give nie information, however ij
should say that it increased for a time and then decreased. '

Q. Do you know whether the cause of that decrea&e was by reason!
of their sales of fishing vessels to French fishermen, or whether it wasl
on account of ' ny falling off in their busiuecs? Do you know wbetiierj
they have made any large sales? — A. I don't know whether they bavel
made any large ones or not. I have known of instances of vessels being
sold to the French, because I have had drafts sometimes on that ac-i
count, but I haven't particular knowledge as to the number. Tber/
are very few Nova Scotia vessels now engaged in mackerel fl
that has fallen off very much ; they used to send a great many vessel*
into the Bay. They now catch them with hooks, nets, and traps froir
the shore. Their mackerel fleet has fallen to almost nothing. I don't
believe that there are twenty-five mackerel sailers in Nova Scotia to
day, when they used to have quite a considerable fleet.

, ■ : , ,;; ; , , ; packing in bond.

Q. If I understand you aright, you attribute the fact that you mad
sales of fish in bond here, which are packed in Nova Scotia, to tli^
tariff' that is imposed upon the fish? — A. Certainly.

Q. You think that the present tariff" on fish has had the effect to prej
vent the shipment offish here for the puri)ose8 of packing?— A. Yesj
The Treasury laws do not allow packing in bond. That is a strict conJ
struction of the law, made by the present Secretary. Formerly, wbeij
the duty was on, and at the time wheu Judge Kussell was collectors
Boston, he took the responsibility of allowing fish to be packed iu bond
The law says that neither fish nor anything shall be repacked exeepi
for the purpose of immediate preservation. 1 hold that it was fortlif
purpose of immediate preservation, inasmuch as the fish could uot 1
shipped to the West Indies iu bulk. But the Treasury construction c
the law is different.

By Senator Fbye :
Q. That is a new construction ? — A. Yes. Their con structiou of "iiq
mediate preservation" means that the fish would spoil unless packa
We could not say that. We simply say they could uot be shipped '
the West Indies in bulk. Being shut out from that, by that rulin?,'
are now having fish packed in Nova Scotia and delivered here in bonj
in casks.

By Senator Saulsbuey:
Q. If I understood you aright, the result of that is that it deprivi
American labor of what it ought to have?— A. Yes; it deprives cool

AMERICAN PISUEUY INTERESTS.

G71

ers cask-makers, packers, and men employed in packing flsU of the
1'!jt they ought to have.

Q. If you can form any idea I would like you to state what amount
of labor is *hu8 taken away, by the operation of this construction of the
law, from these coopers, packers, and other laborers you mention. —
A. That I do not know. The fishing business is not a very largo busi-
ness compared with many other kinds of trade. The whole of the lish
business of Boston is perluipa not more than that of one wool house.
It is a small business in itself, but then, so far as it goes, this rnling
does deprive these men, who have been engaged in packing, of their
labor.

EFFECT OF INCREASE OF TARIFF.

Q. What would be the effect upon the fish business of an iuciease in
the tariff ? — A. It would make it easier to sell in bond. As far as the
export trade is concerned, the highci- you put the duty the easier it is
to advance the price in bond and the more facilities you have for un-
derselling American fishermen. For instance, the duty being now 50
cents, we can sell codfish packed at about the price in bond that they
would get duty paid. If the duty was $L wo could sell them 50 cents
per quintal cheaper than they could produce them duty paid.

FISn EXPORl'ATIONS.

Q. About what i)ercentage of your sales of fish is to the West In-
dies and other points in the foreign trade ? — A. We have no foreign
trade ourselves, but we sell to exporters. I have never made any esti-
mate of the amount of fish exported, and do not know what it is.

Q. You do not export, yourselves ? — A. Very rarely. We have not
done so for several years. AVe sell to e^iporters. There are certain
houses in Boston and New York that have this business with Hayti.
That is the only West India trade wo have here. Tlie Hayti trade is
the main foreign trade, and there is considerable of that in Boston and
New York.

By Senator Frye :

Q. To what countries do we export fish ? — A. I say to Hayti.

Q. Do we not send some to France If — A. No.

Q. Do we not to Canada ? — A. We did export some to Canada be-
fore the duty was put on.

Q. Do you know of any country to which we export fish where fish
are free?— A. No. As I say, our export is mainly to Hayti.

BOSTON FISH BUREAU.

Q. I want to ask you a few questions i.bout the fish bureau ; 1 think
Mr. Edmunds did not ask you about that. What is that institution 1—

I A. It is a trade organization. I do not belong to it at present, but did

U'styear. I went out of it thinking I was going to change my busi-
MSR. It is an organization composed of fish dealers "ud commission

j merchants. Anybody that is interested in the fish trade can become a

I member.

Q. Then it is not limited to commission merchants ? — A. Tho major-

|ity of them are dealers ; the commission merchants ar{. in the minority.

I Q. It is a general association f — A. A general association of the

trade, comprising most of tlio principal dealers and commission mer-

iMants; some have belonged to it at one time and at another.

672

AMERICAN FISHERY INTERESTS.

out

Q. Mr. EicU doos liot beloujj it 1 — A. Not at present ; he went
some two or three years ago, I think.

Q. No fishermen belong to it, I suppose? — A. No. At one time a lew
years ago, it was more general, and we had mewbers in Wellfleet and
JProvincetown. Then this Gloucester bureau was gotten up, and those
men wanted to go into that, and we concluded to keep ours separato
from the Gloucester bureau ; but for a few years anybody could come
in who was interested in the fish business.

COMMISSION MERCHANTS.

Q. With whom is the bulk of the commission merchants' trade con I
ducted ? For whom do they sell ? — A. Some of us almost entirely for j
I)rovincial shippers ; others more largely for American imippers. j

Q. Take the commission merchants altogether, and is not the bulk of]
the trade with the Provinces ? — A. I cannot say exactly. The domes
tic trade of commission merchants was increasing until within a few j
years, and the fishermen had to go to market and sell their own fish,
but they are giving it more and more to the commission merchants I
here.

Q. Are not a good many of your commission fish merchants Cana |
dians ? — A. No, sir.

Q. Are some of them ? — A. One or two very small dealers who do j
not amount to anything.

' LETTER IN THE BOSTON HERALD.

Q. Who was that gentleman whose letter appeared in the Boston j
Herald after your visit to Washington, in which he gave instruction to
the members down there in the Provinces as to what they ought to]
do? — A. That was a private letter.

Q. It was published in the Boston Herald. — A. It was a private let-
ter, and its publication was a great breach of confidence.

Q. Then you would not like to say who wrote it? — A. I would not; I|
do not think there is any occasion to do so.

Senator Frye. I do not require it. I thought I would like to know,]
as a matter of curiosity.

TESTIMONY OF EDWARD T. RUSSELL.

Boston, Mass., Odoher 3, 1886,

EDWARD T. KCrSSELL sworn and examined.
By Senator Frye :
' Question. You reside in Boston ?— Answer. Yes, sir.

Q. What is your business ?— A. General produce and fish commis
sion merchant. • .

Q. Are you a member of the bureau ? — A. Yes.

Q. How long have you been a member? — A. Since its organization.

Q. How long have you been a fish commission merchant?— A. Forty]
years nearly.

free fish.

Q. With whom is the bulk of your business conducted?— A. It isl
about equally divided between the Provinces and the domestic ports of]
Mt^ss^chusotts and Maine,

AMERICAN FISHERY INTIiRESTS,

G73

lio went out ^M Q. rii^n^o state whatever you desire to, toucliiii}? the relatione be-
^^iweii United States and the rroviiices with reference to the liwh
|l,„ji„eBg._A. I wonhl like very much to see fish from the British
jProviiices come in free. I think, from the experience I have had during
! existence of the two treaties, that the general business has been
Ijood. Tlio prices obtained for our domestic lish have been good.
Iwillipcrliaps a few exceptional years the lisli business has been i)ay-
liD" about the same as any other business. That continued until 1883,
lltliinkit was, when there was a culmination of very high prices, par-
Iticiilarly on codlish. Then came a rapid decline, just as there wus in
leverytliin}; else. Low prices have not been contined to fish by any
Imtaiis, bnt have applied as well to sugar, Hour, grain, iron, and every-
Itliiii;;. Trices liave been phenomenally low. I would not go so far as •
Ito state tliiit I would hold out very strongly for lisli to be absolutely
Ifreo, if it was thought that our lishermen needed protection, but 1
lliardly think they do. I do think, however, that they need to bo
Inilieved froju taxation on articles that enter into the construction of
Itlievcssols and many other things. I would rather go back to what
jtlicduty was before we ever had a treatj^ and then it was 15 per cent.
15 per cent, is a pretty wide nuirgin for competition to over-

Iconie, and that is fair.

Q. That was on all lish ? — A. On all fish, dried fish and pickled lish
lol'all kinds, as you will see by the old tariif act. That act did not
lit, as the duty does now, the importation of low-price'l fish.
fllicreare a great many kinds offish we cannot produce, and 1 cannot
the necessity for the duty.

' nEBRiNG. 'v/':\'^ .■,"':•;, ^.J- :. ■: ;

Q Sucli as what ? Name them. — A. All kinds of herring — not all

lliiids, there may be some exceptions; but all kinds that are what you call

Ifoodiish, particularly for this part of the country. You can't catch a

jfiit krring ou the coast of the United States; that is my experience;

liit'verknew of one or heard of one. The herrings they are catching

jouoiir shores and bringing into this port by the thousand barrels every

[day are not the kinds of fish i)eoplo would call eatable; they do eat

lttinu,but they are consumed principally among the manufacturing poi)u-

|atioii tliat want something cheap. On the coast of Labrador is caught

lie finest herring in North American Avaters. Last year tliere was a

[ray largo catch, upwards of 50,000 or 00,000 barrels, of which I sup-

pe uearly 25,000 barrels came into the port of Boston, and wo sold

psiug 13,000 barrels of them.

Q. At what prices? — A. We began at $1.75; then with the dei)res-

ion accomit of the great quantity and with the depression of every-

|liii)g else, they went down until we finally sold this spring at $2.25,

ich brought the shipper in debt; one of the shippers owes me to-

pay. This j'car there is no catch, that is, wo have heard that the catch

ptlie Georges did not exceed {>,000 or 0,000 barrels. I sold one little

7»rgo this week at $6 a barrel. There is a certain quality they will

weiftheypay $10.

EFFECT OF DUTY.

Q. You do not charge that at all to theduty ?-— A. I charge it to the
■^Kity of the market. Of course, the duty makes my business harder

'do, but there is a certain quantity of business to be done here, and
[ aiu going to have my share of it.
8. Ex. 113 43

674

AMKUICAN FlSllICItY INTEUKSTS.

SALMON.

Wo cau't {;et any salmon in this country, unless \v<_' brine tliea
across from Oregon or San Francisco.

Q. Do wo not get them from tho Pacific coast? — A. Oh, jes- IsaJ
wo do. Bnt those salmon do not compete with tho northern Kalinoii
They are used for almost an entirely different i)ur])ose, that is, adillJ
out class of people T)uy them. It may perhai^s bo a iiiero faiicv, 1in|
tho great Itidk of northern salmon imported here are sinokod. Jtist
little peculiar that a man will buy a whole salmon bfcauso it IwlJ
better, that is, a salmon that has a head and tail on, before lie )vill
salmon that comes from Iho Pacific coast that is cut in pieces mij
pressed, with tho head and tail cut off, and that will never briii<;g^
good a price although it is just as good to eat. There arc some few c:^
coptions, but that is tho rule, which, in fact, is getting to bo ubsolute.|

By Senator Saulsbury : • r ' -2 ;

Q. Uo tho Oregon canned salmon come into this market?— A, 01i,yejj

very largely. . , , .

By Senator Fit ye:

Q. ])o you deal in frozen salmon ? — A. Wc<lo to a limited exteut,f(il
some peoi)lo who ship them to us. Wo take anything that comes toiij
from tho Provinces,

EFFECT OF DUTY ON THE CONSUMEll.

Q. What is your idea of the effect of the duty on tho prices to tit
retailer and to the consumer? — A. It is pretty hard for me to aiiswd
that question ; in fact, I have never been able to fully make up iiij
mind. Sometimes it stands out very evident to me that llic consuiii|
l)ays it, and thou again it looks tlui other way. I don't wanttoexpreaj
any b])inion about it. On general principles I do not like toseeliig
duties. Tho duties we have on fish were imposed at tlie bcgimiiiis;^
the war, and they are too high.

Q. Your general idea is that duties should bo low, not only on fis^
but everything else? — A. Yes; but 1 say particularly so on fisli
think the duty is altogether too high; 1 thiidi $3 a barrel is tooiuiic|

-■■■■'"■' FREE FISH.

Q. Tho Canadians desire our market, of course ; that is, they desire I
send in lisli free. What do you think they have in Canada tofjivfi
as an equivalent; I moan for the benefit of tho fishermen 'J-.-A. Itlii^
entire freedom of fisheries. Here are some figures that arc aiitbo^
tativo. This is the weekly summary of the fish bureau, somctliini-'i
get every Friday. It shows the importations for tho week, ami,
course, tho imi)ortations up to thiu date for the seavson. llerc arc t|
figures for tho New England catch of mackerel to date, from the bc?i|
ning of tho season up to yesterday.

Q. The season beginning in March?— A. In April. Tho catch wj
C2,1I1 barrels; of that quantity 51,825 barrels were caught lu Kntij
waters.

TUREE-MILE LIMIT.

Q. state what you mean by " British waters."— A. I mean in
Bay of St. Lawrence.

Q. Not within tho three-mile shore lino f— A. Oh, no. I call it Ainq
cau waters from Block Island to tho Bay of Fuudy. The fish caught j

AMERICAN FISIIEUY INTERESTti.

075

lilc'd extent, fu|
hat comes tot

tourslioro we call shore fish, though you might sjiy, witli the same pro-

nriety, "iish caught in American waters." Of course, the great bulk of

these tish arc caught almost in sigiit of Priiuie Edward's Island.

Q. But not within the threo-milo shore line, following the sinuosities

I of the sboro I — A. They say ii great many of them do go within the lira-

I its, but I never saw it done.

I Q. Do you think as good fish are caught within the limits? — A. About

I Prince Edward's Island I do not think as good iish are caught within

I the limit, following the coast lino. This is my individual pi>inion, which

1 have formed after talking with people down there and with tisherraeu.

CANADIAN IDEA OF RECIPKOCITY.

Q. I will ask you what their idea was as to wjiat they had to give i
n return for free fish ? — A. I think that if they give us free Iish, lisL

us

I we liave had them under the last two treaties, and also the privilege of
Handing Iish and refitting, IL would bo an immenso benefit to our fisher

I men.
Q. Simply landing and refitting? — A. llefltting and lauding fish. I

I am speaking ]>articularly of the mackerel fishermeu landing their fish
at iiorts like Georgetown or Charlottetowu and letting them come on by
steamer to Boston, and then taking their salt in barrels and going back

I agaui,

THE MOLLY ADAMS.

I had an instance that came to my knowledge last year. The captain

I of the Molly Adams is a famous mackerel fisherman. Last year they

had tlic privilege from the Canadian (jovernnient of landing their fish

I and forwarding them, and that man sent to Boston I think some 1,500

larrels in that way, and then finally came homo with his last fare. This

jyear 1 tliiiik he has made but two trips, and he has had to lug his trij)8

lioine, and I think ho might have done just as well this year if ho had

I that privilege that he had last year.

Q. The season has not been so good, has it? — A. There have been a
[good many mackerel caught down there; I think you will find when
vessels get back that the Prince Edward's Island catch will be
[double the quantity caught the year before.

CANADIAN PRIVILEaES.

Q. Then there is the privilege of tfansi)ortation through Canada ? —
I A. Yes, and of getting their supplies, their barrels, salt, and ice. When

you come to the question of bait for fishermen frequenting ports in Nova

Scotia and Newfoundland, I am not so familiar with it. Quite a num-
[ber of correspondents of mine in the British Provinces, notablj^ in Nova

" itia, have been in the habit of supplying American fishermen. In
[fact, one man, who has been in the habit of coming here every fall with

' i collection of fish that he has caught, and which I sell for him, said
[tome last fall, " Mr. Russell, what am t going to do? I have got a big
[iteliouso full of ice, and what am I going to do if your fishermen can't

tome itt and get it?" I said, "You will manage to sell it some way;
[tkey will get in."

By Senator Saulsbury :

Q. I want to inquire whether, if an American ship had the privilege

I of landing her fish to be transported by railroad through Canada to the

jijuited States, she could not make a better catch in a whole season than

sue can now, when she has to bring her fish home herself? — A. The

jcliances are that she might quadruple her catch. A vessel can run iu

(;7(;

AMEUICAN FISUEliY 1NTEUEST8.

from ibo flsbiug grouiula into Souria, tho nearest harbor, within an i
hour ami bo alougsido of a wbarf, ami in three hours more slio can land
tho faro of mackerel she may have; perhapa it is 300 or 400baiTels.
Three daya afterwarda those lish cau be on tlie pier iu Boston, and tliai
vessel may not have been in harbor over three or four hours. 1

Q. What is tho locaUty of tho fishing ground you refer to !— A. Uiffhtl
off Princo Edward's Island, tho northeast corner of it, and betwociij
there and Cai)e liretou. The fish are plenty there ; they are now mov
ing that way at this season of tho year, and nccording to reports in tbej
last week they have been very plentiful.

nOOK AND LINE AND SEINE.

Q. ilow are these fiah caught? — A. By seines. Occasionally .some oil
the vessels aro fitted out this year with hooks and linos.

By Senator Frye :
Q. What proportion of your business la with Canada 1— A. I think i^
ia about half.

TABULA U STATEMENT SHOWING WEEKLY SUMMABY OF KECElPTsI

BY BOSTON DEALEKS.

Q. Do you ilesire to make tho report to which you have rofcrred lu
your testimony a part of your statement? — A. A gentleman (lanie inta
my oilico to-day and said that some of tho members of the cominitteq
here would like to have some of these reports.

Senator Edmunds. I think Mr. Jones gave ua thoae.

The Witness. I heard Mr. Jonea testify. I will leave these iiainn
with the committee, any way.

By Senator Edmunds :

Q. Was that table you have in your hand prepared by yourself ?-Aj
No, sir; it waa prepared by tho secretary of tho fish bureau; it if
prepared every Friday, and this is what was sent to my olllto )(^
terday.

Q. That covers what period ? — A. From the beginning of tho lisliiii|
season up to yesterday.

Tho witnesa then submitted to tho subcommittee, as part of his te^
timony, tho following tabular statement :

Boston, October 1, 18S0.

Weekly Muuiniary of rucuipla by Boa-
toil dcalora.

Mackerel* barrels.

Ileriiut; do..

Alowivoii do..

Salmon do..

Cod quintals.

Hake do..

Haddock do..

Cask ...do..

Herrin g .'boxes.

Bloaters do..

Boneless do . .

Mackerel do . .

Lobsters do..

1886.

From—

nomo
ports.

1,060

750
150

CO

1,000

215

133

01

Foreign
ports.

2,707

750

07

91

381

5,800
303

1,322
100

Total.

3,857

3,825

07

01

4.223

750

150

GO

0,890

418

133

1,383

100

1885.

From-

nome
ports.

4,757
1,015

9,101

985

110

90

0,170

1,742

808

350

foroign
ports.

1,931
4,080

5,710

270

"i,m

ToliLl

'Exports, 13S banela; imports, 025 barrels.

AMERICAN FISHERY INTERESTS.

G77

I Fmh rowkeri'l received wook wiillnR October 1

I iliikm 1 impi>it(!(l from Jiiniiary 1 to <lato

I Kifkin'ilandwl l).V United StotCH licet wook ondlntj October 1
hetr KiiMfinil cutcli of mackerel to dato

1886.

JBarreU.

1,086
37, 102

2, on4
CI, 211

1885.

ISarreli.

1,831

2.-., 003

13, 402

272, 302

1884.

Barreli.

3,873

44,:i97

34, 327

334,028

1883.

liarreU.

02S

48, 400

IK, 074

147, U30

Isimlwbarrclrtof Hay mftckorcl Inndod to dato 01,825

IKimtKrliarrciDol'Hlioroniidnay Inland iiiackorol landed to dato 0,386

Total C1.211

OODFISn.

Tlio Witness. There is one other point: Wo rcceivo from tlio Prov-
linces from 500 to 1,000 barrels of eoilflsli — a tlionsand maybe ratlier
Iwgli, tliongh I (h)ii't know that it is — every ten days from Newfound-
lliiiiil. Tlicy mostly go to New York. That is a variety of llsh not made
hitliiii the limits of the U' ted States. There is scarcely any salt put
Ton them. Tlioy are very dry and very hard, and are mostly used for
|iliip's stores on long voyages, and for shipment to such places as Cen-
I Aiiicritia and A8i)inwall. u-;; ..

By Senator Fryk :

Q. Is there any special name for them ? — A. They are called Ncw-
taidhiml hard-cured lisli, and they do not come in competition with
Anything that is made in this country. I have just ordered some from
ifax. Those fish will cost the man I ordered them from $4.50 a quin-
Wo are selling these domestic flsli all the way from 2g to 3J ; 3J
JorGoorges and 2| for pickled bank.

l]y Senator Edmunds :

Q. Woiiltl it not bo possible to cure fish in the same way on onr coast ?
•A. It would be possible, but it will bo one or two generations before

t is (lone. It is only because customers have got in the way of lik-
ktlicsc green fish that they are not cured on our coast. That is all
TO is to it.

Q. What is the duty on that kind of fish? — A. The same as on the
flier kind, half a cent a pound.

EXPORTATION OF FISH TO CANADA.

iTlierois cue other point I would like to toucli upon; it may bo that

jotthavo hat! some information in regard to it at rrovincetown. I think

(am safe in sayir.g that every year up to 1882, perhaps, we have cx-

pttcd cotllish from Boston and Provincetown, mainly from Province-

Fn, to Halifax, showing that there has been a higher range of prices

Tcodlisli in the Provinces than there has been in the United States.

Nisa fact which you can easily prove by statistics, because yoM cau

Nthe clearances of fish mainly from Provincetown.

[Q. How would the imposition of our duties afl'ect that ? — A. They im-

pc the same duty.

IQ' Yes; but when wo export there we have to pay it. — A. Yes; but

|ttc was no duty then; that was under free trade, of course.

|(J. There have been no such cxportations since the treaty ? — A. No,

% Ithink 1882 was the last.

•'II

G78

AMERICAN FiailEnY INTERKSTS.

By Senator Fiiye :

Q. They imposed duty before the Wasbin}?toii treaty tcniiiuated did
tbey not? — A. There was a duty in the interim. '

Q. That was in their original tariff act, was it not? — A. I think so.
I think tlio dnty tbey impose now is the same as ours.

By Senator Edmunds :

Q. Leaving the question of dn^y entirely out of view, bow do you ex-
plain it, as a mere matter of business, that flsb should bo exported to j
the Provinces from Boston, precisely the same kind of flsh that tliev
catch and cure in the rrovincesl Is it merely because there happened I
to be, on account of their shipments and all that, a special order or want J
that they were not able to fill at that moment, or for wJiat reason !-A.|
Probably the catch had not been so largo as to enable them to siipply]
all their demands. |

Q. In short, their market was bare at that time! — A. Yes, they liadj
not caught enough.

THE WEST INDIA MARKET.

The British Provinces sui)ply all the West India markets, probiiblyj
every one of them, with the exception of Ilayti and San Domingo, anil
that trade is with the United States.

Q. Nearly all the other markets arc theirs ? — A. We can scud tlicrd
with the same propriety that they can ; it don't cost us any more; biii
tbey have had that business.

Q. Do you mean that British fish go into Jamaica, for instance, at jiis|
as high a rate of duty and charge of every kind as American fisbt-i
I do. Not any higher.

Q. That is the way you understand it ? — A. I know so. I have friei
it in Jamaica, Barbadoes, Trinidad, and Demerara. Their duty n ex
actly the same on shipments, whetlier from the Provinces or from tli
United States. , ,. , ,

By Senator Frye :
Q. In all of them there is a duty ?— A. Yes, though it is very low if
some places. ^^^^ : ; ; •;

By Senator Edmunds :
Q. So that wo, witli our provincial neighbors, stand on exactly tM
namo footing? — A. Exactly the same footing ; there is no dilfcrence.

TESTIMONY OF EDWIN R. DE lONG.

Boston, Mass., Oc/okr 2, 18
EDWIN II. DE LONG sworn and examined.

By Senator Edmunds : •

Question. State your age, residence, and occupation.— Answer. I j
nearly 53 years of age ; reside in Boston ; my business is commissij
business.

Q. In what? — A. In fisb and general merchandise.

Q. Both salt and fresh fish ?— A. Yes; largely, though, with salt I
very little fresh fish.

AMERICAN FISHERY INTERESTS.

fi79

Q. Aie youetiKafjc'diti the fishery trade as a vcssel-owiior or anything
oftiiatsort?— A. No, sir; I am not.

{}. Who arc youi chief principals in your comuiissiou business'? — A.
At tliii^ present tiino the flsh I deal in come largely from the Provinces.

Q. V^onr principals, then, are Canadian dealers, vesael-owners, and
gon'iit-A. Yea.

cuRiNO Pisn.

Q. FIdtc anything that you desire to the committee. — A. Wo are in
fiivord having free llsh, and I do not consider that it would be any injury
tooiirlishcrics here. A largo part of tlie Ush that are brought hero from
tk Provinces are cured differently from our methods. Their codfish are
what arc called kcnch-cured (dry-cured), suitable for the West Indies
trade. The fish cured in the United States are piclile-cured flsh, and
not suitable for export trade.

Q. That is to say, they are i)ickled in barrels or tubs aboard the ves-
sel, and are brought here and taken out and dried 1 — A. They are kept
inpicklo until nearly the time of shipment, then taken out and given
about three days' sun, which sin^ply dries the surface. Tlioae flsh are
then shipped. That one thing has done more to injure the salt-flsh
trade of New England than anything else that has ever happened to it,
unless it is tlie fresh-flsh trade.

Q, Is there any reason why our people cannot dry them dry ? — A. No
misou whatever, only our ushermen ])it;]de them, and give them about
five i)oiii!(ls of salt instead of three. The bulk of them cured that way
I become sour and stinking before a great while.

Q. What is the object of pickling tliem in that way! — A. They want
I to sell as many pounds as they can.

Q. When the fish are caught by the provincial fishermen on the

[Banks they picklo then tliero in the same way, do they not? — A. No,

hir; they are dry-cured. The provincial people take those flsh out of

tlicliold of a vessel without putting them in pickle, but the Americans

1 picklo them.

Q. When they are flrst caught on the Banks they are treated in the
[same way by both? — A. I don't know of any other way they could treat
I tlieni.

Q. Bii.t when they are carried ashore in the Provinces they are thor-

iuf!lily ilried?— A. Most of them. There are a few pickled flsh there.
|A few years ago Gloucester had all the fish. They wrote to my custom-
jers in the Provinces asking them to pickle cure there, and bring them
jtoGloucester instead of to Boston, and they would buy them; and there
jwrea great many cargoes carried to Gloucester.

Q. >So tiiat tlio dilterence in the fish of the two countries is merely a
jiliflereiice in treatment after they get ashore? — A. Largely; yea. The
jkeiichcurcdllsh, as they used to be treated fifty years ago in New
jEiiglaud, were sweet and sound, and could be sent to the West Indies
|w anywhere; but by this new process they are not suitable to be ex-
ited. Ifthey get quite dry, the first moist day that comes they will
Igflwet; they take the moisture very quickly.

PACKING AND EXPOliTING IN BOND.

I Boston formerly did a very large export business in fish ; \ve supi)lied

peWcst Indies very largely, liut by changes of the law and by allow-

^? provincial fish to come here in comjjetition with our picklo cured flsh

*ehavclarj::ely lost cur trade. When Mr. Benjflmin F. Bntlerwas a mem-

'J80

AMKUICAN FiailEnv INTEUEaTS.

Imt of Coufrross lni pot a bill invsacd forhiddinj; tlic packing of foroinn
Ut*h in boiitl liorc. The lisli wt'io l)rou{,'lit. in bulk in tbo vessel mid car-
rit'd to Htore-houses, and previous to that time they had Ix'cii pack;')! in
bond, put into i)ackage8, aiMl exi)ortO(l to thoWest IiidicH. Mr. ]5|,(|,.f
jjot a l)ill throuK'h Con jjreHs forbidding i hat. Thoelleetof tliatliiwliwn
to drive most of the West India tra<lo down to the Provinces. We Imvi.
not had tlu^ bencUt of it here.

t

KENOII-OURED AND riOKLE-CUBED FISH.

Q. IJut that, if 1 undorHtand you correctly, really results frnm tiipi
cir<!iunstanee tliat the fish ani not properly treated wln'u tliey fjctlicn! I
— A. Our Aiiierican catch. Only a few years ago I'loviiicctowii or j
Ca])e(Jod used to kenchcure a large amount of her llsh. JJiitanian
told me recently that there probably vouhl not bo this year L*,000 (|nii|. i
lals of kench-(!ured tlsh. (iloucester has ken(!h cured her lisli for many
years. Some are kench cured in Maine yet, though they aie},'oiii;,'iiiinj
pickle curing, as they get the same price for 5 ponn<ls of pickle euml as
for .'{ jwunds of kench-cured. Many people don't know the (IKHiviin,
and serN'init girls really prefer ])iclde-ciU'(Ml, beeausc tliey arc always
soft and ready to pick easily, while dry, -tianl lish would he hard (n get j
ready to cook.

NATIONALITY OF THE FISHERMEN.

Q. State anything else that you desire. — A. In my dealings wiihilioj
Provinces I have been made acquainte<l with the nationality of our)
crews to some extent. We have a great many orders sent ns iVoiu tlioj
Provinces. These American vessels leave America with a sullicioiitj
number of men to go to the Provinces, and there they ship new iiicii.aiiili
then aft(!r the catch they land that part of the crew before retiiriiiii J
home. Those men tli.it are landed down in the Provinces send ordcml
hero on the American fishing houses for their shares of the proceeds (
the catch, as they lish on shares largely. So 1 know that a lar;,^! iiiiiiii
ber of men in our vessels, both masters ami sailors, are simply i)r()viii
cial i>co])le.

Q. IIow can the masters bo so? — A. They take out papers tobcconiq
American citizens, but whether they ever complete their eitizeiisliipr
do not know. Some claim to be natives of the United States wlicii lluyJ
.are not. I have known a great many nuisters of vessels to inaketlm^
claim when I know that they came from tho Provinces.

CUBING AND EXFOBTINO FISH.

At tho present 1 imc our fish are all pickle cured. There is a larpo n
port demand for fish to go to the West Indies, and we haven't gotn.i)^

Q. Why do they not take them out of pickle and dry tlieni!-.\_
They would have to soak them all out again; there is so nincli sail id
them that they cannot dry them. After a fish is once pickled it isdil!
ficult to be dried proi)crly. They claim that by soaking out tin; s;i
again it can be done, but I think they are never so good as tlieori;,'iiiit
kenchcured fish.

TRADE RELATIONS.

Tho Witness. ITavo our trade relations and tho vohuno of tiailj
anything to do with tho subjects to bo considered by your coinuiilt* i|

Somitor Edmunds. Yes; overytuing that bears upon tho gcmrij
question.

AMKniCAN FISITRRY INTKRKflTfl.

nst

Tiic Witness. Wo sliij) during tlio your down tlnn-o about $000,(M)0
wnrtli of goods.

Q. Of all kinds!— A. Of all kinds; manufactured Koods, lh)ur, boef,
iwrli, liii'd, butter, crockery ware, (Isliinjj: tackle, and tishinn Rcnr.
Tliow is no place in the world that 1 know of where a vessel could be
fitted out HO cheaply as at Ho.ston or (llouiiester. The cod-lines are
uiailolKTc; the oidy place in the world where they are made. I don't
know of another jdace where they make cotton cod-lines that are used
hv our llsliermen ; they formerly used hemp lines that came froi.. Eu-
rope, lint tliey are not used at all now. Their cotton duck and cordage
Kclxuifild. here; their beef is bought hero entirely, and pork and flour
Inrndy; also lard, and the oil-cloth which the sailors wear, and their
rubber boots; fishhooks, more or less; in fa(!t, everything used aboard
A vessel is bought here. Wo ship tiiem ourselves.

Q. To be used by IJritish vessels? — A. Yea, sir; entirely.

. ABTIOLES EXPOUTKD TO CANADA.

lean give you some of my orders during this last spring.

Q. You can state them in n general way .— A. J take them alphabet
ical'y: Ai)ples and vegetables, alcohol, tishernu>in'8 leather boots, ship
bread, butter, beans, brushes, rubber boots, stove-])olish, coflee, caudles,
corn, chocolate, cotton duck, dry goods of all kinds, cssonces, ilour, fur-
niture, canned goods, groceries of various kiiuls, hardware, tinware,
lanterns and the like, jugs, kerosene-oil, mackerel-lines, cod-lines, cod
liooks, solo-leather, Seychelles and Manila cordage, molasses, uaila of
all kinds — oak-nails and ordinary cutnails; oakum, naval stores, sails,
pitch and tar, oa:s, pork, beef, lard, hams, linseed-oil, paints of all kinds,
copper paluts (for coppor-painting vessels), peppers, 8j)ices, hats, caps,
oil-cloth, sugar, what you call patent brass bushings for blocks, salt,
tobacco ^manufactured and unmanulactured), tea, tea-caddies, trunks
tiillow, all kinds of biscuits, crackers and such like, brooms, pails, and
ffooden-waro, lami)s and glassware, crockery- ware, dory-boats, papoi ,
and Mapor books. Those aro about the leading things.

CANADIAN CANNED FISH. ' ' '

Q. You were speaking of canned goods ; aro there any fish canned In
[Canada and imported into the United States? — A. Yes; in the Pro\

Q. AVhat kinds ? — A. Principally mackerel and lobsters; those are

lie two main articles.

Q. Do you operate in those things yourself? — A. Yes ; wo have some
I foiisignincnts of them, but that trade is very small with us.

Q. Aro the processes of canning goods down there equal to ours ? —
JA, The peo])lo there who can goods aro mostly Americans who have
jutarted lactories. I think you h.ad a gentleman here yesterday or to-
|<li>y,Mr. Pickett, who has a canning factory in Cape Breton. I suppose
jthose men have their operatives from here, and I should suppose the
Iwrk would hi done in the same manner as it is done hero.

TRADE RELATIONS AND PROFITS.

Wo sell about $700,000 worth of goods wliere wo receive ])erhaps

^200,000.

Q. Through your house to Canada ?— A. Yes ; wo have sold about
iUOO,000 worth of goods every year lately.

G82

AMERICAN FISHERY INTERESTS.

Q. What is tLe general rate that comniission merchants get on their
operations ?

The Wi7 NESS: The profits?

Senator Edmunds. The commissions generally chargerl.

A. Not far from 5 per cent, on the average ; sometiuicK we get' Ics.
than that.

Q. Do yon deal in American fish at all ? — A. 1 have not recently; tlmt
was the first thing I did when I came to Boston. My first cxperienw
in the fishery business was fitting ont Cape Cod fishermen, and I ibl
lowed that for nearly eleven years.

Q. How long ago did you leave it? — A. 1 commenced in 1855.

Q. And continued down to ISCG? — A. Yes, sir; I was origiually in.
the ship-chandlery and ship-store business, but after the war prices
went so high that our American vessels did not do well, and 1 was
obliged to seek other business. That is how I came to get into tlio pro
vincial business.

EXPORTS NOT REPORTED TO THE CUSTOM-nOTJSE.

Q. Is thorc anything else you wish to suggest? — A. I would like to
speaii of exports. Formerly, under the reciprocity treaty, many ves-
sels would go to the Provinces, carrying fiour and other nicrcliaudise,
amounting perhaps in bulk to 1,000 barrels. Those vessels .vercverv
similar to our State of Maine coasters ; the captain and crew all bail
orders, and each was ashore buying goods. The same thing is done to-
day, more or less. So that our custom-house here has no correct record
of the export of goods from, hero to the Provinces.

Q. Do you mean that those things that the captain and crew bad
orders for would not appear in manifest ? — A. Yes j and a large amount ■
of goods shipped even to the merchants down there do not appear to-
day. I

Q. now does the vessel expect to clear without a true manifest of ber i
cargo?— A. 1 will cxplai)i that to you: Say we have a vessel ready for]
sea to-day. You may say there are a hundred barrels of flour on ber.
The captain will go into the custom-house and get a clearance on (lie]
merchandise simply. After he gets his clearance sometbing may bap-
pen preventing him from sailing immediately, and he may lie liere tbreo |
or four days before he gets oil", during which time he may take on board]
a number of articles of merchandise, but ho will not go near the eiistoni-
house again; ho siniply goes to sea with his maiiifest.

Q. When he comes back will he not be picked up ? — A. No, sir. It]
would not really make any difierence if he should happen to be boarded
after he had obtained his clearance and had taken on hoard llic iddi
tional articles, because his clearance only says "merchandise." It don't j
say whether he has one barrel or ten; it simply says "mercbandisc,"

i^. That (;learance does not contain a copy of the manifest, bntdocsj
h e not have to i»resent a coi)y of his manifest to the (iustom-bouse beforo'
he clears ?— A. Uq. is supposed to do that. 15ut there will bo porbapsi
twenty merchants making shipments by that vessel; hat and cap iiieii/
hardware men, and dillerent merchants here, who have bad orders t(^
send goods by that vessel; the captain don't kno"' wliat is coming.

Q. liis owners and agents ought to kriow wh.atthey take on board,-
A. When the captain comes to get ready to go to sea he known, bnt lia
never takes the trouble to go to the custom-honse and make a full M
complete stfttement of any additional articles that ho may bavetakeij
aboard.

Q. Tben he (
he does; but t
Q. Suppose 1
(licyconio hae
unef— A. If yo
Q, What is
don't suppose 1
and obtains his
board.

Q. But ho ha
clearauce. The
witb that araou:
tbe coasting bu
tbe coasting bel
opsy and loose ^
Q. Yes; butt
some of the ow
sometimes tbe t
tbe fisbermeu.
don't know how
a great inconver
edge, a great mj
sel, by wbich he
orbark, or what(
invoices coming J
Tbere are regula
business. They
allstraigbt.
Q. Tbis homo I
of tbe export bus
bpsf-A. The
very little businc'
Q. Is tbere arj
Idon'ttbinkof ji

EFFECT OF FREE

By Seuatoi
Q. 1 wonld lik-
"le Provinces, as
liie pfl'ect of free
!!i^' consumers o
business since 18
lias been greater
«liat we call free
Q. Do you mea:
m dealers ?— A
, fccjuiso I tliink t
I liav« Lad a larger
»c bavo si)pi)]iec
I provincial port sn
y- Your idea is
{ Saged in selling t
qnintal of codfish
TOerrcciproeitv
JWbatisthe,
out tbo country f-

t

AMERICAN FISHERY INTERESTS.

G83

Q. Tlien be docs not obey tbe laws, does be ? — A. No; 1 don't tbiuk
he does; but tbo captains don't know much about tbe law.

Q. Suppose tbey were t?ugbt a iUtle by being arrested the next time
they conic back, would not that be an advantage, if the 'aw is a good
y„ef_A. If you wanted to carry it out ; but still tbey commit no crime.

Q. What is the use of having a law if it is not carried out? — A. 1
don't suppose he commits any crime when he goes to the custora-houso
iind obtains his clearance for everything that he knows that he has on
board.

Q. But bo has no business to take anything afterwards under that
clearance. Tbe idea of a clearance is that the vessel is ready to depart
with that amount of goods. — A. Thav. is supposed to bo the idea. But
the coasting bup'uess between here and the Provinces is the same as
the coasting between hero and the State of Maine; it is done in a very
my and loose way ; the captains are not educated men.

Q. Yes; but do not their owners know something about it? — A. No;
some of tbe owners are farmers, and don't know anything about it;
sometimes tbe captain owns his vessel, and sometimes it is owned by
the fisbenneu. A great deal ^^f that bnsi'iess is done by people who
don't know bow to make up a good, complete invoice, and that is often
a great inconvenience to us, because ihey have so little business knowl-
edge, a great many of them. Perhaps a saw-mill owner owns the ves-
sel, by which be ships a little lumber, or fish, or potatoes, or cord- wood,
or bark, or whatever it may be. Their invoices are very different from
invoices coming from Europe. I do business in the island of St. PieiTc.
There arc regular French houses there with whom we do quite a large
business. Tbey are regular mercantile houses, and their invoices are
all straight.

Q. This homo business I can reauily understand, but I am speaking
of tbe export business; though you have explained that suflSciently, p.^.r-
haps?— A. Tbe people in the Provinces who run these vessels have
very little business knowledge.

Q. Is there ary thing else you think of that you desire to state? — A.
I don't think of anything else.

EFFECT OF FREE TRADE UPON WHOLESALERS AND UPON CONSUlVrERS.

By Senator Saulsbury :

Q. 1 would like to hear your reasons for the eflect of free trade with
the Provinces, as stated by you. 1 want to call your attention, first, to
the effect of i'ree trade upon the fish business here, and, secondly, upon
the consumers of fish iu this country. — A. I have been in the fish
business since 1855, and from my recollections I should say that there
lias been greater prosperity in the fish business under reciprocity, or
what we call free fish, than there has ever been under the tariff.

Q. Do you mean to apply that also to the fishermen as well as to the
fish dealers ? — A. Yes ; 1 think our fishermen have had larger returns,
kmxsQ 1 tbink the quantity of fish caught has been greater, and wo
liavo bad a larger export trade. Wo have done some business in fish ;
»c have supplied the West Indies, instead of Ualifax or some other
provincial port supplying them.

Q. Your idea is that it applies to the fishermen and the merchant en-
3ged in selling them ?— A. Yes ; all through. What I mean is that a
qninfal of codfish ot the same quality has brought as much or more
, under reciprocity than it has under tarift".

Q. What is tbo effect of the tariff upon the consumers of fish through-
I out the country ? — A. I was also going to state, before answering the

G84

AMERICAN FISHERY INTERESTS.

question, that the law of supply and demand seems to rej^ulatc tin
prices largely. Two or three years ago we had fiesh fish, and we wert
selling codfisli at |G to $7 a quintal. Now we have a tarifl', and it is
difficult to sell them at more than $2. There seemed to be a great do
mand for fish about two or throe years ago, and I could seUfive ear
goes of fish more easily at $0.50 or $7 a quircal, accordiiijj to qnality
than I can to-daj', with u tariff on lish, at $2.25 or $2.50; tiiere wisii
greater demand for them and it was easier to sell them then.

FISn, KENCn-CURED VS. riCKLK-CURED.

Our people arc getting these pickle-cured fish cheaper than they got
them two or three years ago, but T clor't co'isider that the fisJi tbeypt
are tit to eat. These pickle-cured lish are just about the same qualily
as a piece of salt beef would bo after il had been taktn out of a barrel
on a hot day and laid around for two or three days ; it would stink. \
piece of thoroughly dried beef might lie around six months and lM^])('r-
tiBCtly sound ; that is different. I wa°s at the Grand Pacific Hotel in
Chicago last April; being very fond of fish, and seeing flsh-balls imn
tioned on the bill of fare, I called for them; but when I put a pieec in
my mouth I got it out as soon as possible* the fish was actually rotten.
The fish I carry homo to my house are diy, kenchcured fish, and they
Jire just as sweet as anything can be.

By Senator Edmunds :

Q. Do you carry them homo from your store ? — A. A fter I sell a cargo
I get some from the man I sell to.

Q. Do you get them at the same price that everybody else pays!-
A. Yes, sir.

Q. What do you pay? — A. From three to four or five cents a pound;
diflerent prices. I have just sold three cargoes of kencli fish in tbe
last sixty days; the first cargo I sold at $3.

Q. Do you mean to say that the price of good, sound codfish, kencli-
cured, at the groceries in Boston is only three or four or five cents a
pound? — A. I sell to wholesale dealers; the retail dealers probably get
about five or six cents a pound.

Q. And you sell for how much ? — A. Wo do not get over $3 a quintal,

Q. That is, the retail price is about double the wholesale?— A. Yes;
just about double.

NUMBER UF FACTORY EMPOYlSS GREATER

FISKERMEN.

THAN THE NUMBER OF ]

I would like to say one thing more. There are more than twice tbe
number of people in the United States manutacturing the kind of goml^
that 1 ship to the Provinces that there are American fishermen coniin^
in competition with the Provinces. The goods they buy of us for lisle
ing vessels and such like, and for other purposes, give twice tlie iiinii
berof men employnuMit here in their manufacture
wages.

CANADIAN TARIFF.

give theui labor luid]

Q. Do you know the date of the Canadian tariff act, wlicn tliojj
adopted what is called the protective system ? — A. T can't tell the diito;|
it was some six or eight yes'rs ago.

Q. What effect did that havo upon your exportations of Amcricnni
goods to the Provinces? — A. It aCecteddry. goods more than anytliingi

AMERICAN FISHERY INTERESTS.

685

else I bIiouUI Biiy ; bardwaro and agricultural tools still contiauo to go

tliere.

Q. Suppose ifc was six years ago, wbich would bo 1880, tbat tboy
adoptetl tbat beavy tariff; can you tell us bow iiiucb your own expor-
tiitionsfcll off iu consequence f — A. Tbey bavcu't fallen off any; our
trade btw increased tbere, for wo bavo made greater (iffort, you migbt
ij;iy. 1 bavo a man traveling tbero all tbo tirae, wbereas formerly I
(lid not bavo a man traveling tbere.

Q. But under tbo sauio conditions you tbink it would bavo fallen offt
-A. Some. Take it vvitbiu a sbort time ; I bavo sold in Nova Scotia
two carloads of wbat tbey call James Kirk's Cbicago soap, altboutjb
they have a 30 per cent, tariff on it.

Q. Kirk advertised bimself into glory? — A. Yes. IIo makes great
effort, of course, and sends out sbow-bills and tbo like. Wo still sell
Bianufiictured goods tbere.

PROFITS OF COMMISSION MERCHANTS.

Q. Do you do all tbis exportation business on commission ? — A. No,
sir. Wo "get a j»rofit on a largo sbaro of it.

Q. A profit aside from your commission ? — A. No, sir; wo don't cbargo
my eomnilssion at all on wbat wo sell; but wben tbey scud a cargo bero
jefoU that on commission.

Q. And you actually sell to tbem tbo return cargo and make a i>rofit?
-A. Yes, sir.

Q. lliive your profits fallen off on tbo same kinds of goods since tbo
pasiirtso of the Canadian tariff act? — A. Tbey bavo, some.

Q, How nmcb ? — A. I cannot say tbat it bas been on account of the
CaiuKliau tariff; it was on account of competition; tbero a: o so many
ill the business; tboy are cutting liner and closer every day. It is just
the same here.

Q. If you choose to, merely for our information, you may state wbat
the iirolits arc in your business, and wbat you would consider a fair
profit to make in tbe export trade ; or, to make it straight as between
lis, liow much do you make on your exportations of these goods you
sell f You need not answer if you do not want to. — A. I fear wo do not
I average over 2A per cent.; on some goods wo get 5. On these job ca''-
pes we perhaps get 8 to 10 ])er cent. A man will spend as much time
in selliii}!; 8 or 10 barrels of flour as be will on 125 barrels.

Senator Edmunds. I sbould tbink it would take more time if be
talked it up well.

The Witness. If a man buys iJOO barrels of Hour from me and 1 get

-i per cent. i)roiit, I sbould bo satisfied. Take tbe article of kerosene

il; we have shipped during tbe month of Septembcv ])erbaps 2,500
ilMiTclsof that^aiul perhaps we got Gor 7 i)er cent on that.

Q. When you say 2^ per <!ent on flour, if you bad bad tbat flour in
j stock six months tbere would be tbe question of interest to consider? —
I A. We have to figure tbat.

Q. How long do you generally keep flour in stock ! When you re-

[ccivcaii order for a.tbousand barrels of flour do you generally bavo

t amount on band, or do you bavo to go out and buy it? — A. Wo

iil^ajs have more or Ices on band ; we carry a stock of flour, and then
jorderwhatwe have not on band.

Q. In making your 2J ])er cent, profit you cbargo interest, storage,
m all that ?— A. Yes, sir ; wo put tbat all in.

j Q- So that your 2^ per cent, is absolutely good ? — A. Absolutely
[Ijood profit. Of course, we try to get 5 per cent, on flour, but we don't
jways get it.

(kS(;

AMEKIGAN FISHERY INTERESTS.

TESTIMONY OF HERBERT C. HALL.

JJosTON, Mass., Octolcr 2, 188C.
IlEliBEUT 0. HALL sworn and examined.

By Senator Edmunds :

Question. What is your age? — Answer. Thirty-live.

Q. Wliat is your .resideuee? — A. Souiervillo, three mlleisout of tLe
city; 1 do business in Boston.

(}. What is your occupation ? — A. Shipping and commission mercbaiit,

Q. You deal in what sorts of goods? — A. We receive most of the
products of the Provinces, and send goods down there.

Q. 13oyoudealii iish^ — A. Yes, sir; we run a line of steamers down
there.

Q. What kind of fish do you deal in? — A. We receive all kimlsofi
salt fish.

Q. Not any fresh ? — A. Generally not any fresh.

Q. Then you get salted mackerel, herring, codfish, pollock, bake, ai
all that sort of thing? — A. Yes, sir.

EECIPKOCITY. ;%

Q. iState to the committee what occurs to you on the subject thatyouj
understand we are considering. You may state your views and givoj
facts within. your knowledge bearing upon the fishery question \vi
Great Britain and Iho Dominion. — A. I am in favor of a rociprodly]
treaty between the two countries ; I do not think it would interfere witiij
our fishermen here very much, even if free fisliwere allowed, bccaii.se iij
largo ])art of the fish from the Provinces Jire different from the llshtbatj
are produced here.

Q. Ditl'erent in the way Mr. De Long has stated, in Imwg kcDclii
cured ? — A. Most all the fish from the Provinces are kencbcuret! andj
dried, and most all here are pickle-cured. Wo get large fat mackert'lj
from the Provinces, and the most of the large split herring come fromj
the Provinces.

Q. Audthey are the finest varieties of each kind? — A. Yes. We rely
on that country for our suppiy of the best fish.

•, , -WHOLESALE AND RETAIL PRICES.

Q. IJow much higher is the wholesale price in this market, for iu|
stance, for these large, fat mackerel, than the price for the ordinary NoJ
3 mackerel'? — A. I don't know what they retail for.

Q. I am speaking about the wholesale price. — A. No. 1 is worth $1|
to $17.

Q. What are the fat ones worth ?— A. The extra-fat ones are wort^
all the way from $20 to $35.

Q. Is that the kind you are speaking r^ as coming only from tlij
Provinces? — A. Very few are procured from uriy other place; alaif
portion of the No. I's come from the Provinces.

Q. When you com'> down to No. 2's, what are they worth !— A. Frod
$9 to $12, according to the fatness. 1

Q. Where do the largest part of these come from?— A. TboAmcrfl
can vessels catch most of them down in the Bay of Ohaleur, anduow^
that way, and some arc caught around hero.

AMERICAN FISHERY INTERESTS.

087

TUBEE-MILE LIMIT.

Q, rdoro July, 1885, do you know where the larjjest iiart of tbcse
provincial luackorel came iioni, wlietlicr inside or outside of the three-
luile limit? — A. ^ could not say. I have asked a great many iVom the
Provinces, but have not been able to ascertain ; a good many of those
provincial people have been in my store, and 1 have often asiied them
about tliat; they say they catch a large number of them within tiie
llireoniile limit. But that is only hearsay.

Q. The great bulk of the mackerel are now caught in i)urse seines;
isiiottliat so? — A. Yes, I think they are. For the next month they
will catch llieni at the Bay of Chaleur and around in that region in
tnii>s; 1 do not ki w whether they will do much seine-fishing or not,
but I should think they would for a fortnight yet.

PRICES UNDER REOirEOCITY.

Q. Do you know anything about the retail |)riccs of the three vari-
eties of iish you have named — the extra fine. No. I's, and No. 2's? — A.
No, sir.

Q. Did you o.^o^»veany dilference in the prices of fish in this market
followiugthe treaty of 1870-'71, which made them free?

The Witness. IJittereuco in the price ?

Senator Edmunds. Yes, the price at which you sold them to the job-
bers,

A. Every year the price changes according to the supply and demand.

Q. But you were not able to detect anything that the change in the
law cii'ected 1 — A. As it has happened, the prices of fish have been
higher during reciprocity ; I presume that was on account of the smaller
number of fish caught.

Q. You do not suppose that reciprocity made them higher ; it was a
question of quantity, was it not 1 — A. I should think so. But 1 should
cousider 'hat reciprocity in times when fish were scarce would equalize
prices better, that there would bo no extremely high prices.

Q. That is, there would be a larger field to draw from? — A. Yes, sir.

Q. But whether that would affect tl'O actual consumer you do not
kuow, if I understood you a moment ago?— A. I think it would tend to
keep prices so that they would not reach any extremely high limit.

retail trices to consumers.

Q. But I understood you to say that you did not know how tlieact-
ual retail prices, to the great body of the people who ^o to tbo corner
groceries to get their fish, are related tr the wholesale prices at wnich
you sell I— A. Fish are not worth so much in the Provinces as they are
lipre; if we could import fish from the Provinces now, fish would bo
lower, I should think, but not much lower.

Q- Do you think they would be any lower to you or to me if wo should
goto Pierce's grocery down here, if there is any such man — and I be-
lieve tbero is— and wanted to buy six mackerel for breakfast to-morrow
moriiing1_A. I don't know ; I should think they might.

Q. You think ho would fall accordingly ? — A. It is pretty hard to tell
tuat, but I should think be would.

Q. Do you know what is the general custom, rule, and practice among
these retail men who sell to families, whether they regulate themselves.
P« jobbers and wholesalers do, by the general tone of the market, in all

G88

AMKIUCAN FISllEKY INTERESTS.

goods, liko cottous ami everything else, or whether they hiiven staiid.
ard price, making enormous profits at some times and smaller at others
without regard to the wholesale price at any time ?— A. i siiould say
they would lluctuato with the prices of the Avholesalers, but not somiicli
as the prices of the wholesale dealers.

Q. Ilave you any knowledge, or have you observed about that, oi is
that only a logical deduction that you make? — A. No, only where I live
I often ask the price of lish.

Q, You find that the prices do go up and down some? — A. Yes. 1
think the fluctuation with the wholesale and jobbing prices would aU'ect
the consumer to a di-gree, but I do not think the fishing interest is the
only interest connected with this nuitter. We run steamers down East
and wo take everything — all lines of goods of every descriptiou.

' -^ TUADE KELATIONS.

Q. What is the name of your lino? — A. Yarmouth Steauiship Com
pany.

Q. To what provincial ports do you go ? — A. Yarmouth; thatistbe
nearest i)roviucial port to Boston.

Q. Is Yarmouth nearer than St. Johu? — A. Yes, sir; Yiuuiouth is
about due east from here.

Dy Senator Saulsbuhy:

Q. What is the distance from Uostou? — A. Two huiulred audfoit}]
miles.

Q. Ilow largo a town is Yarmouth? — A. About 7,000 or 8,000 iu j
habitants.

By Senator Edmunds:

Q. What i)roducts do you bring chiefly from Yarmouth?— A. fisli,
lumber, and potatoes.

Q. Pine lumber chiefly? — A. Very little piuo; about all tlieir piuoj
lumber is shipped to the West Indies from there. Wo get somepiuoj
from there, and very little hard wood.

Q You get fish, lumber, and potatoes? — A. And spiling-wood.

Q. And what do you send out there on your return vogages?— A. WaJ
send flour, jneal, provisions, and most everythi''g. We do not Lave
quite such a variety as Mr. DeLong, but wo have orders for everjthiiig.j
The business has changed very much, however, within the last tfu
years. Before I went into the business my father was dealing witli
the Provinces about forty-five years.

Q. Have you observed any particular change in the last four years^
— A. Noc a great deal, only 1 think the amount of manufactured go
going down is growing less.

CANADIAN TAllli'F.

Q. They put on a heavy jjrotcctive tariftl — A. They put on a diitT|
yes, sir.

Q. And you think that has caused a dimuuition of our exportation
of goods there? — A. Oh, very much indeed. I know that the loweJ
Provinces are very desirous to deal with the TJuited States; theyil|
not like Canada. 1 know they express great dislike to tlio Doniinioi^
and would rather deal with this country, sending up their goods liert
and taking back cargoes of anything they want, rather than to get f " "
thing from Canada. 1 know the boot and shoo trade between here m

AMERICAN FISHERY INTERESTS.

fiSO

tlje luwcr Provinces bos almost died out; all tbeir boots uud bboes
they {,'et from Canada now, and tbeir dry goods and tbo larger part of
evcrythinSj altbougb tbey get more or less bero of all kinds of goods.
Still the demand, of course, is limited. A largo i)art of tbeir flour tbat
is shipped from bero now is Canadian flour; it comes bore in bond.
That is on account of tbo duty tbere. If it was not for tbo duty tbere
TC could sell tbem American flour al * ogetber, and tbey would ratber

liavo it.

Q. Aiul yet I suppose you know tbat a great deal of Canadian wbeat
tomes to tlio United States? — A. Well, I sbouldn't suppose nuicb.
Does that conte across duty paid If

Senator EDMUNDS. It comes across from Manitoba and is ground in
tbe United States.

Tbo Witness. I did not know tbere v/as mucb; but I sbould tbink
tliat the iini)ortation of wlieat would bo a benefit to tbo Western country
instead of a detriment to all tbo dealers tbere, because it would draw
tlie trade into tbe United States wbicb goes to Canada now.

Q. Yon tbink tbat would bave a tendency to diminisb tbo Canadian
production of flour, boots and sbocs, and all tbat? — A. I tbink it would,
because the Canadians are not up in nmnufacturing like we are bere;
lliey cannot compare witb us at all.

Q. And yet you say tbat ratber tban pay tbo duty on American boots
anil shoes, lor instance, wbicb are very flne, altbougb tbey are macbine-
made, they take tbo Canadian manufacture of tbose articles ? — A. Tbey
fed bound to because tboy are so mucb less in price. I forget bow
I much their duty is now, wbetber it is 17 per cent, or 35, but you often
sec a boot aixl sboo store down tbere selling Boston goods entirely,
! liaviiig nothing but American manufactured boots and sbocs.

Q. I understood you to say tbat tbo boot and sboo business droi)ped

fl on account of tbo Canadian tarili? — A. It dropped off almost en-
I tircly, but I know tbey buy more or less boots and sboes from us yet.

A great many of tbeir people will not bave Canadian goods at all.
There is a certain demand for all kinds of American goods, even witb
I the duties paid.

AMERICAN GOODS PREFERRED IN THE rROVINCES.

Q. It is a question, is it not, as to wbicb tbe man prefers in regard
[to the price be pays ? — A. Yes, sir.

Q. If bo would ratber pay $3 for a pair of American boots tban $li
[for Canadian boots, be does it? — A. Yes, sir; 1 tbink American boots
[wiilJ sell at a bigber price down tbere tban Canadian, even if about
Ithe same grade.

I Q. Yes; and I suppose it is true, is it not, tbat, supposing tbere wad
jnhsolute free trade between tbe two countries, a great variety of Ameri-
|m goods would sell in Canada at a bigber price tban tbe same kind of
■ xlsof Oimadian manufacture? — A. I tbink so; tbey will pay a bet-
Per price, because tbey I'ke tbe American manufacture better ; tbey are
Tl)etter tinisb and are a better stylo of goods.
Q. Better made every way ? — A. Yes, sir.

Q- Made with more skill and better adapted to tbeir purpose! — A.
1*8) sir; tbe Canadian manufactures a^*} all rougb.

By Senator Saulsbury :
Q- Do you know wbat is tbo average duty upon sucb products of our
lonntry as go into tbe Canadian country?— A. I think tbo lowest is 17^
H. Ex. 113 U

GOO

AMERICAN KISUIiUY INTEUKHTS.

per cent. I liiivc ii c()i)y of ii book down at the storo that 1 will let you
take, and that will give you sill 8uch int'oruiution.
Senator Edmunds. We have the Canadian hiwis,

DECUEASE OF EXPOKTATIONS OF l''I«ll.

The Witness. 1 might say Jiero that the export of li.sh Inw aliuost
died out; not altogether died out, but very mueh diminished.

Q. IJecauso before you exported Canadian lish which were keucii-
cured ?— A. Yes, sir ; the American method of curing litsh is not desir-
able.

Q. You have lost that export trade because of the dillerence betwein
kenchcured and pickle-cured? — A. Yes, sir. We often brin;,' up a lot]
of codlish from Yarmouth and send them south on the Metropoiituu lino
of steamers to the West Indies. But formerly the trade was from curj
American bouses hero direct.

FREE Fisn. .

I think a treaty could bo made with the Provinces to allow our goods]
to go in there free by allowing free fish hero, and 1 thiidc it would bcasl
much benefit to the United ytates as it would be to the JJoiniuioii. 11
cannot see how it would very much aliect the flshornjcn. Several ot tlioJ
Gloucester dealers have told me that they are more afraid of iUh frouj
the Provinces being sent out West directly to Chicago than they arc oil
fish coming in here. A man told me — I think it was Mr. liabsou-tbJ
if he was sure of the fish coming to Boston or Gloucester through tliel
dealers' harls here, and not going out West, he would not care aiijtiiiiigj
about it.

Q. You think that was Mr. Babson, of Gloucester ? — A. 1 tbiuk tliati
was Mr. Babson ; it was either Mr. Babson or a man with Mr. Pew, I|
forget which.

Q; W^ho was the man with Mr. Pew? — A. It was one of the geutlemei^
who were in Washington.

Q. (To Mr. E. R. DeLong.) Do you think it was Mr. Babsou !

Mr. DeLong. I think it was one of the Cunningham firm.

The W^itness. It was one of the gentlemen sent on to Washiiigtouj

C^. I suppose ho meant by that, so far as ho was concerned individal
ally, that if they could control tho whole business here be would uo|
care? — A. If they could control the business hero they would uotcan

Q. That they would make more money under free fish than they would
under tho present state of things, I suppose? — A. They were only afraifl
that, in case of free fish, fish would bo sent from tho producers iii tbj
Provinces directly to the consumers out West or to tho jobbers out WesJ

Q. And that tho dealers hero would lose their profit?— A. YeSjSirj
ho thought if the duty was kept on it would keep them out.

RELATIVE ADVANTAGES OF BOSTON AND TUB WESTEUN I'OUTiJ 0|

DELIVERY.

Q. But as the duty is tho same at Chicago or Detroit as it is at Gloa
cester or Boston, the Chicago or Detroit man would get his consignmeij
direct, just as well under tho duty as without it, could ho not?— A. "
could really; but when a person is sending goods through tbo coimti
in that way, and there is a duty on them, there is a great deal moij
trouble, expense, &c., in getting them there.

AMERICAN FISHERY INTEUESXy.

cm

y, llow is it any moro trouble and t'xj)ciisc to pay duties at Detroit
ami Chita {JO tbau it is at Boston? — A. Sujjpose the lish p> thiongh on

niilioad and pass tliroufjli some intonnediato port on the line-

Q. You know that Chicago is a port oi'delivery, and so is Saint Louis;

(H) it could not make any dillerence so far as that is concerned, couhl

il!-A. I think it could.

Q. How? — A. For instance, there is a merchant in Saint Louis whose

goods couio to him in bond at the custom-house; he has to j)ut those

goods tlirough the custom-house. Supposinj? he lias oidy three or lour

barrels, it will cost him from 25 to 50 cents a barrel to do il, wlu>reas

iftlieyiire free goods they are entered by the railroad con)])any and go

tlirou{;li just the same as they would to Dostou or New York.

Q. But I am on the point of the tarift' as it is now. Mr. JJabson —

taking liiui to bo the niJin you refer to — wants to keej) it so because it

will keep Canadian goods from coming to our people in any case. My

jwiiit is Avhethcr it would make any diflerence, with the lawstanding as

it now does, whether the goods were sent to the Saint Louis or Chicago

port of delivery in bondafter they had crossed theliuo atPortllurou, so

farasthe duty is concerned, instead of coming here, the custom-house

laws and regulations being jirecisely the same! — A. If you had been

tliron{;li the custoui-houso you would know the reason.

Q. 1 wish you would tell it to me. — A. A n:an in Saint Louis perhaps

ordeislO or 15 barrels of fish, and he probably knows nothing about

tlie customhouse rnles and regulations; the custom-house business has

to pass through the hands of difterent clerks, and may consume a

couple of hours, c** else it will cost him something to get somebody to

atteud to it for him.

Senator Edmunds. That I can understand.

The Witness. But if they go through free the entry is made at the
border, and the goods are delivered thosame as they are here.
Q. Yes; but if they are free at Chicago or Saint Louis the;^ are free
here?— A. Yes, sir.

Q. Then, being free, what is to hinder the Chicago and Saint Louis
men from getting their fish directly from the Banks instead of from
lieret— A. Nothing at all.

Q. They stand on equjil ground, the Saint Louis and Chicago men,

with the Boston men ? — A. Not exactly ; a Boston inan receives a whole

cargo of lish, one or two thousand barrels ; if that uiany fish were

' L'dfroin llaUfax to western ports of delivery they would, iierhaps,

teshipped to fifty diflerent people, and each of those persons would be

iblijjedto go to the custom-house, pay duty, and spend time.

Q. That is a question of concentration of business? — A. Yes, sir.

h receivers of fish here who would have the large cargoes would put

icir cargoes through the custom-house, knowing all the ins and outs

Mwhat is required; whereas the man out West who takes fish as a

Md of supplementary article to his general business knows nothing

ibout the custom-house ways of transacting business, and has either

t to make inquiries and spend time, or else get some clerk or broker

doitforhiin.

OUSTOM-UOUSE BROKERS.

Q. Do your people here attend to their own business with the custom-
lOttse directly, or do they employ a broker? — A. We attend to it our-

flvjs.

Q. Most of the large houses do ? — A. A good many do,

>m

Mi

no2

AMERICAN FISHERY INTEREST 5.

Q. A good iiiiuiy havo a man in their om[)loy for that puiposol— a
Yes, for nothing; clso; but as for ourselves wo put everything through
ourselves.

Q. You do not employ any broker? — A. No, sir. We havo so many
entries at the custom-house that we are pretty well acquainted with it.

TESTIMONY OF CAPT. H. B. JOYCE.

'■ " Gloucester, Mass., October i, im.

Cax)t. n. B. JOYCE sworn and examined.
By Senator Edmunds:

Question. "What is your age? — Answer. Thirty-nine.

Q. Where do you reside ? — A. Portland, Me.
' Q. What is your occupation ? — A. Fisherman. *

Q. Of what vessel are you in command at this time, if any?— A. Tbo
steamer Novelty. *

Q. Uow large a vessel is that? — A. Two hundred and niiioty-seviD
tons gross.

Q. How long have you been in command of her? — A. I had lier tlio j
first of September last year.

Q. Uad you been engaged in fishing before that time? — A. Yes, sir;
always since 1 was old enough.

Q. What kind of fishing? — A. Up to the age of twenty I was mixed!
in with both cod and mackerel fishing in the season, and sitico that l|

have followed mackerel fishing altogether.

• ■

three-mile limit.

Q. Where did you fish for mackerel?— A. Usually in tlio Bay o^
Fundy And along the coast of New York and New Jersey.

Q. Did you fish up there in provincial waters during the existeucoofl
the treaty of Washington, from 1873 to 1885?— A. I was there in 18?(
for three weeks; I was there in 1878 for seven weeks; I was there iij
1880 for five weeks ; and I was there in 1883 for two weeks.

Q. Was that the last time yon were there in a sailing vessel?— A.
was there this season about eight weeks, I think, altogether, iucliidiu^
the passages homo .

Q. Before last year you were in a sailing vessel, I suppose.— A. Y«
sir.

Q. During all these years you havo named where did you get joii
fish up there, as respects the inshore three-mile line?— A. I imajiiii
I didn't fish much different from the way we fished this year. \\1
fished anywhere, and didn't take any notice. This year we haveiil
fished within that three miles, so far as I know.

Q. A sea-faring man can judge tolerably well, can he not, whether I
is inside or outside of that limit?— A. If ho takes the trouble ho c;^
measure from his vessel, but it is quite a little operation; you have I
make a line and get your bearing, and work it up by table, aucl if a mij
is very busy he wouldn't take the time. i

Q. Canyouuot judgebythe eyei>retty well?— A. We cau tell witli|
half a mile.

AMERICAN riSTIERY INTERESTS.

cm

Q. If you allowed half a mile for errors you would feel pretty sure
uj to your locality, whether it was inside or outside f — A. Yes, sir.

Q. What proportion of the llsli you took up there this last year did
voii tako, or what proportion do you know of beinp: taken by other
iislicrmen, inside of the three-mile limits? — A. I don't snpi)ose over a

tenth part.

BAIT.

Q. What has been your way of getting bait for cod 1 You do not fish
for inackcrol with bait now, 1 believe'?— A. All the flshing I ever <lone,
what wo call IJank fishing, was always done with salt bait, and 1 think
that 18 mostly used now. Jt is cheaper and saves time, and as a rule
the fishermen get as many fish as with fresh bait.

Q. Then, if I understand you, there is really no object in going into
the British ports up there for the purpose of getting bait? — A. Our
mackerel fishing is nearer the coast, and it is ofttMi necessary to go in-
sidn for shelter in bad weather.

Q. lam not speaking of shelter; I am speaking of bait. — A. <), no,
sir; wo don't liavo any occasion to get bait up there.

THE CASE OP THE NOVELTY.

Q. Now, tell us your experience with the Novelty this year; how
many voyages you liave made, where yon fished, what liappened to you,
and so oil ? — A. Wo started from Portland the Jst or 2d of July, I think,
ami wont to the Gulf of St. Lawrence for mackerel. At that time it
liad bpcii circulated in the newspapers that w^e could buy supjilies of
one kind and another there without any restriction ; so we left tliis coast
to go up there with only the balance of ice and coal that had been left
on 11 cruise on this coast, and we were some thirty to forty tons short of
coal of what we ^leeded, and with only ten to fifteen tons of ice when
weoiif;lit to have had thirty tons. Wo went directly to Pictou to get
coal, and went to the dock, not apprehending any trouble. It was Do-
minion Day when wo got there, so all business wis closed that day.
Ilie next day I went to the custom-house, and they gave me warning, as
tliey call it, and I was notified that we could not get coal or anything
else, and that we must proceed to sea within twenty-four hours from the
I time we got our warning.

Q. What kind of papers did your vessel have ? — A. A fishing license.

Q. Was that all? — A. 1 had a permit to touch and trade; I carried
Itliatovcr to the custom-house, but they did not recognize it; they said
Itlie United States had no authority to claim any privileges of that kind
jforopr vessels.

j 0. You did not have any clearance from Porthunl or Gloucester to
[Pictou !— A. No, sir; except simply that.

Q. Did you get the coal? — A. No, sir; wo went away without it.
jWo, went to Cape Prince Edward's Island to a telegraph oflice and re-
jported to the custom-house here, and telegraphed to the Department at
lOttawa to know if we could not have coal delivered us outside of the
|lirep mile limit ; we did not get any answer to that. Parties there were
pry anxious to furnish coal to us, of course expecting pay for it; one
pi hud a vessel load of coal there, and ho said ho would deliver us
N outside the three miles if he couldn't inside, and in case that was

'"itrary to law he would tako it over to Magdalen Island for us. The

aptain of the cutter there informed mo that Magdalen Island was a
prw port and that wo oould buy and trade there. ,So I made arrange

I

()04

AMERICAN FISIIIiRY INTKHESTS.

merits to that effect, luid went oil' to the flwliiii;; KroundH, .md waited a
week or ro, bi:t our supply of coal beiiiK so short wo couldn't wait very
long. Afi er wo fjot a fare, and the coal not yet having conic, wo Iwugbt
some twelve or flftccn conls of wood to nuike our coal go us far as poHni-
bic, and in that way wo nuinag'xl to have enough to g(it liomowitli.
When wo got homo wo took in all the coal and ico we coidd ('?xrry.

Uy Senator FiiYE:

Q. The second tinio? — A. Tho second tinio.
J5y Senator Edmunds:

Q. Did you deal at any Canadian place on that second trii>T— A.. Yos
wo were in two or three i)lace8, and in every instance wo wont to tilt'
cuHtoni-houHO and reported. At Boston I notified tho nian of whom I
had agreed to take coal delivered at Magdalen Island that 1 would call
at Magdalen Island, and if ho was there would take all tho coal wn
could get. But when wo got there wo found u vessel tiioro, and wo
were notified that wo couldn't have any more privileges there Uian any-
where else.

Q. Is there a British custom-house at Magdalen Island ?— A. Yes,
sir ; they have two or three custom-houses. They have a custoinlioiise
at almost every place that has anchorage. So I told the party that
I would tako the coal of him if ho would take it outside tho three mile
limits, but ho seemed to fear that he might bo compromised in some
way if ho did so, and wo went off without it. Wo managed to get a
small faro that time without using all tho coal. Wo fished in tho pit
twelve days on the last two voyages.

Q. Did you meet with any further difficulty than the three instaiicoa
you have spoken of! — A. Wo went back agairi on the fourth voyage,
and on account of some neglect on tho part of tho dealers in l]o8ton w
didn't have as much coal as wo had been carrying. We found after we
had been there a week that wo were not going to have much time tn
stay with what we had, and so I had an idea that I could get around
them any way and would get some more coal. But the authorities mis-
irusted something oi the kind, and the new cutter met us and ordered
ns not to transship any cargoes in British waters nor to touch at any
Canadian port whatever ; if we did our vessel would bo seized. There i
wasn't much of anything there to stop for, and so we came home and
haven't been there since.

Q. What did you understand him to mef-n by " British waters"— in-
side tho threemilo limit, or anywhere in tho Gulf of St. Lawrencet- 1
A. He intended to convoy tho meaning to mo that ho meant anywhere
in the Gulf of St. Lawrence; what ho had to back it up with I don't I
know.

Q. That is what you understood him to mean! — A. That is wh»tl|
understood him to mean, although ho might have laeant to mislead mo.j

Q. What was tho name of that cutter?— A. Tho one they bought in
New York. I didn't see any name on her, but 1 believe she is called iLoj
Acadian.

Q. Do you remember tho name of tho captain? — A. Ilisuamcwasj
Scott, I think. lie didn't come aboard; he hailed ns. j

Q. How far were you from land at that time ?~A. We were in the j
Strait of Canso, probably half a mile from land.

Q. Ho met you passing through tho stniit at tho time?— A. Yes, sir.j

Q. Under way? — A. Yes, sir; ho followed us part way through.

Q. Does your vessel carry sails so that you couhl sail horincaseyonj

AMERICAN FISIIKUY INTERESTS.

(IDf)

ffero witliont coal I — A. Not ouoiij^li (o iiisiko mndi headway; wo were
nriicticiilly lielples-s without coal.

1). Tlio cod you were li.shin<( for are taken at the HankH more tlian
thriH" iiiih'M oil' Hhoro, are they not I — A. It is lianlly iu Hifxh-tof land.

Q. llow many in your erewi — A. Altogether from .{5 to 40.

q! How many tons burden is your voHselt — A. Two hundred and
Diiicty-sevcn gross.

COST OF VESSELS, AND WAGES.

Q. What does it cost in round numbers to build a vessel ready to sail
on a fisliing cruise t— A. Mine cost $;J0,000.

(>. What would bo the cost of a 7C, 80, 90, or 100 ton schooner, sue h as
isonliiiarily uscdt— A. All tho way from $8,00(> t(» $10,000.

Q. Are your men on ynur vessels paid on shares 1 — A. Yes, sir.

Q. Wliiit share does an ordinary crow get ! — A. They usmilly take
bl'l', but they pay certain bills out of their part. In our own case thoy
fiiniish llieir own board and bait, and i)ay tho wages of the cook . .<!
liroiiicii, because that pertains to their part; and then tho vessel . ir-
iiislii's the steam fishing outfit.

THREE-MILE LIMIT.

Q. Suppose the treaty ha<l still been in force, so that you would not
I li;iv(,l)('i'ii embarrassed within tho three-mile limit, wouhl j'ou, so far as
I voii iiiidcrstand tho fishing this year, have fished in-shore to any ex-
ttiit?— A. 1 don't think I could with any i)rofit. I might have done so,
jlKMaiisosoinetimes it is more convenient to fish inshore, but if wo go
1 further out we are very apt to find it better. In fact, the bestfish-
I ill); ill tlic (liiir of St. Lawrence this year was from 5 to 15 or 20 miles
I off sliore.

TRESERVI-IG FRESU I'ISU IN ICE.

Q. Ilow long does it take your steamer to como from Magdalen Isl-
laiiils to (Houcester; take an average voyage?— A. Wo generally uso
I about four days, but wo are obliged to save on coal. Wo could make

III' ilistauce. in four days with much less coal than in three.

Q. What would be tho average tiiiiO if you had plenty of coaH — A.
[Aliout, three days if wo had plenty of coal.

Q. Do you bring in your fish fresh ■?— A. Wj did ours. Our vessel
|w;is fitted for that purpose.

Q. What is the contrivarico you have for that purpose ? — A. It is a
\mm of slielves, from tho bottom to tho deck, to run tho fish on. taking
|lluiii from tho water-line. When wo get ono set full it is takeii away,
i wo rim on another, and so on until wo fill tho space full. Tho space
|will hokl from GOO to 1,200 barrels.

Q. How thick will they lie on those shelves ; how deep ? — A. About 18
liiichos.

Q. Then you have those shelves surrounded by ico? — A. With ice at
I'lie bottom, and usually one or two courses of ice between and arouud
iipwlges, loo.

Q- Have you found by experience that that keeps them in good c^a-
ilitioii!— A. It keeps them first rate. Tho first wo I rought hero we
IwoiiKlit in (he days, and tliev compared favorably with those taken the

Q- What, is the ordinary length of a schooner's voyage from Magdac
N Islands here ?— A. I think somewhere from eight to ten days.

iU»

G96

AMERICAN FISHERY INTERESTS.

Q. Do they bring fresh mackerel that far ?— A. I have ouly.Leard of
one instance, and tlie fish in tbat case arrived in very poor order. Tue
inhabitants there ship their fish overland. By that means they arrive
in the market in very good condition. If they had .any facilities and
were used to it, they could get tliem around here in less than four days.
"Wo cannot do that on account of the restrictions.

TEANSSnirMENT OF FRESH FISH OVERLAND.

By Senator Frye :
Q. You used to transship? — A. Oh, yes.
By Senator Edmunds :

Q. You have been in the habit before of landing your fisli up there I
and sending thein around by rail? — A. Y'es, sir. j

Q. Where did you usually land them?— A. At a place called Poiuti
du Chene, the terminus of the Intercolonial road.

Q. How far is it from the fishing grounds into Point du Chcnc 1 Um
far is it from Magdalen Islands? — A. It is much nearer tlio fisLin;'
grounds than Magdalen Islands. The fishing grounds are on the north
side of Prince Edward Island.

Q. So it makes a short run? — A. Yes, sir; it is very convenient tlicrc,

Q. How much does it cost per hundred i>oimd8 to send fresh fisli from ]
Point du Chene to Boston ? — A. I think about 80 cents a barrel.

Q. In that case the fresh fish are put into barrels ? — A. Yes; or boxes.]

Q. With ice?— A. With ice.

Q. And those barrels are headed up so as to hold the ico and other j
contents tightly, I suppose; or are they allowed to leak !— A. They }
ship them in flour barrels and boxes, and they must leak more or less,

Q. The continuance of tho treaty would be an advantajjc to tlicj
mackerel fisheries in the Gulf of St. Lawrence in respect of thetlshcrj
men being able to send their fish by rail to Boston, assuming tliJit tlKvl
had not any right to send tlieir fish in that way now?— A. Asfarasl
salt fish go, I don't thiidc it would make any difterence.

Q. I am speaking of fresh fish. — A. It would enable us to liave anj
equal chance with them. As it is. they have tho advantage of tlic rail]
road, which is denied us.

Q. Under duty you stood equal in that respect, for the reason that]
you could ship an(l they could ship, and neither of you i)aid any dut.v.f
Wlien they ship salt fish to come that way they have to pay a diit.vj
but they ship their fresh fish now with .an .advantage, of course.— A.|
There is no occasion (o ship salt fish^ because they keep well enough.

Q. It is cheaper to bring them homo in the vessel than it would 1)6|
to send them around by vail? — A. About as cheap, ^es.

HALIBUT AND HERRING.

Q. Is there .any halibut fishing up there within tho threcrnilo liniij
that would amount to anything?— A. 1 don't think there is a grea^
deal. They did some fishing about tho isle of Anticosti and about St.
Paul's Island, but the best halibut are caught on the Biinks in ver;
deep w.ater.

Q. They get a great many on tho coast of Labrador nowadays, do
they not? Do you know how far off shore?— A. I don't Know nrnclij
about th.at. . ,

Q. Do you know .anything about the herring fishery np tlierel-Aj
Very few of our vessels fish for herring; I don't know of any. As 9
rule, tho herring are all caiight by tho inh.abit.anta on the shores tnerej

AMERICAN FISHERY INTERESTS.

697

REFRIGERATOR PROCESS.

By Scuator Frye :

Q, When you brought in your cargoes of fresh ilsh where did yon
selltbcm?— A. In Boston.

Q, What did you get for cod ? — A. Wo brought no cod ; our vessels
brought mackerel.

Q. What did you get for them ? — A. Wo got 7 cents apiece. It takes
about 290 lor a salt barrel, which brings the price somewhere lii the
leijjborliood of $20 a barrel.

Q. Wliat do they do with the fresh mackerel in Boston? — A. They
rji-iet them in Boston, Kcw York, and the manufacturing towns, r.nd
idou't doubt but they ship them as far west as Chicago.

Q. Is there any difticulty about shipping those fresh fish all over the
country in refrigertitor cars?~A. Oh, no, if they can get them below the
(reeziug point; but in hot weather it is difficult to keep them enough
Mow.

Q, But they do send them all over the country in that way, do they
not?— A. Yes, sir; they do in the winter when the weather is favor-
able.

EFFECT OF DUTY ON GGJ^tJUIuER.

Q. Do you know anything about tlie retail prices of these mackerel! —
|A, We sold our first faro for 7 cents, and they were retailed for 25.

Q, So far as you know is the retail price aftected at all by the prices
[jouget?— A. 1 don't think it is.

Q, Then if there was no duty on fish, would it, in your opinion, make
[aaj difference in regard to the price which the consumer pays for his
!-A. I don't see how it could. The supply is short anyhow this
|8ea,«on, and perhajis will be for years,

Q. Take it. in an ordinary season, and would the duty make any dif-
jfereuco in the price paid by the consumer ? — A. I don't see how it could.
Illie difficulty with the market for fresh fish is that we can't get any-
Itliingfor them hardly; we have sold t'>'^r:i as low as 25 cents a barrel^
land in the best condition too. But this year they have been very
JKarce, and the price has been correspondingly high, and very few peo-
Iple could use them. Wo have taken all that could be had.

By Senator Edmund.s:

Q. Twcnty-fi^e cents a barrel would be how much apiece? — A. It
"il be considerably less than a cent apiece; it would bo about seven
[ofeightfor accnt.

Q. There are two or three hundred fish in a barrel, I suppose? — A.
|fe, sir.

Q. These fush that you got 7 cci.ts apiece for, that were put up on
fliesc shelves that you have described, were they great and small just
18 joii took them out of the sea ? — A. They ran very nearly JiU one size.

Q. What grade would you call them by the numbers they have in

Oboston market? — A. They were about the size of No. 1 mackerel.

PURSE-SEINES.

Ey Senator Frye :
Q- You use the purse-seine, do you not? — A. Yea, sir.
I Q' Is it not rather difficult and dangerous to use the purse-seine
Titliiii three miles of the Canadian shore-line ? — A. It is tlangerous for

008

AMERICAN FISHERY INTERESTS.

tbo seiue, but parties that are usoil to it and uudcrstand tlio tides i;au
fish iu quite shoal water. lu other iustaaccs, however, parties who
might be called experts lose their seiues entirely.

By Senator Edmunds :
Q. IIow deep into the water do those purse-seines go?— A Tlicv
take bofctoui at 130 to 140 feet. -J

Q. From 20 to 25 fathoms ?— A. Yes, sir.

By Senator FrcYE :
Q. Do these purse-seines close over a school of mackerel?— A. Ob, no
sir; it is just the same as a web of cloth. You. take one end over ami
take the other end around, and it makes a circle around tlio e(l<?e of
the fish ; then it sots up edgewise, because one side is floated and the
other sinks; the leaded side has a gailiering string, a purse line, ami
that is drawn at both ends until tlieymeet; then after tiio ciicleis
completed it is pulled until the bottom is closed togetlier and tlu; wliolo
seine is bowlsliaped, with the iish in the bowl.

COMPARATIVE COST OP nsniNG BY AMERICANS AND CANADIANS.

Q. What are tlio reasons why American fishermen cannot coiiipcto
with Canadians in this fishery business up thcve? — A. Tliose people up
there do most of their fishing from shore ; besides being fislienneii they
are usually farmers ; their fishing is done with hooks nioniinjj anil
evening, while during the middle o. "> day they attend to their crops.
They tiike these little boats, tL.4f; v-v..> cost from $10 to $15 apiece ami I
carry three or four men, and go ollshoro and fish mornings and eveiij
ings. The fish np there don't bite in the middle of the day any better j
than they do in a brook or pond. They salt the fish that tlicy catcliin j
this way, and the business is carried on in that way all along the coast, J
except tliat in the spring they fish with gill-nets. Tlicy have fished
there for years witli nets in much the same way I have described, aiulj
tlioso fish, after being salted, are sent to our market.

Q. Then tlieir fi.sh do not cost Uicm so much as yours, do they?— A. j
Not so much.

Q. IIow do their vessels compare witliours in cost? — A. I tliiaktheyj
get their vessels np about 30 per cent, cheaper than ours; but theothcrj
expenses they have are not so different from ours, only they can get]
their crews cheaper.

Q. IIow much cheaper do they get their crows? — A. I think theyaii|
man their vessel for GO per cent, of what w ;;iii man ours for.

Q. IIow about their living? — A. They<i »■'" !^/eas well asourpeoj
pie. Our fishing people come in contact \. '< ' 'loso who live iu maim-!
tacturing towns, and of course our fishing ^< -.• ^ want to live as well|
as anybody else, and if they can't do it by fishiu^, iUey wrjit to dosoiiiej
thing else.

B(*UNTIES.

Q. Do they not pay bounties? — A. I understand they do iu some ofl
the lower Provinces from that $5,500,000 that they got from us; Idon'lj
know just how much tho bounty is.

SHARES.

By Senator Edmunds :
Q. Are not tlio fishermen employed o:i(lieir vcs.sols paid on shares ?•
A. Similar to ours; in fact they are the s.imo men. TheviMigafjeiiitli^

AMERICAN FISHERY INTERESTS.

noo

i jiine !)usiness hero as boys and grow up, and if they do not settle
here, thi^y go homo and get vessels tbere and carry the business on in

I tha^ way.

Q, The owner of the vessel, when the cargo is brought in up there,
I takes the whole cargo and sells it, and the crews get their share? — A.

I Yes, sir.

Q. h bo, or not, usually a man who has a store, where he sells to the
ainiliesof the fishermen what they want? — A. Yes, sir; that is mainly
I the case about the Labrador coast.

Q, That is the case around the Bay of Ohaleur ? — A. Yes, sir.

Q, And those people are usually in debt to the storekeepers, are
Itheynotf— A. Yes, sir; they are a more dependent class than our fisli-
lennen, aud do not coujparo with them at .all.

Q. Are the lower Province people chietiy of English or Scotch de-

icentJ Most of those on the other side are of French descent. — A.
[Most of those Provinces were settled by tho French to some extent, and
ICapeBreto , I understand, was settled largely by the Scotcli who were
Imruedout by the landholders in Scotland. Jn Prince ICdward Island
jtlierc arc a great many of Scotch descent.

FREE risn.

By Senator Frye :

Q. According to your experience as a fisherman, what has Canada
Itogiveusfor a free market for her fish?— A. I will tell you what the
Iconiity treasurer of Kichmond County, Capo Breton Island, told me:
[tliat of the taxes he gathered in he took $15 of United States money to
|<1 of Canadian; sol suppose tliat represents where they get their in-
»(!from.

Q, Undoubtedly tiieir income comes from American fishermen, but
[tliat is not exactly what I ask you. What can Canada give us today
t the fislicrmen want in exchange for the free market of the United
Ncs ! What do you want of Canada for which you are willing to give
(Canada the right to send her fish to the United States free of duty? —
Idon'tkuow of anything, unless it would be the right of transport-
«ij our fish overland, and they migiit let us get coal at a lower rate
Rlian we could buy it at homo and talce it there for. But this is only
pe year out of thirteen; in the other twelve years we could have done
better on this coastj even those who have fished on our own
Jliores have done better.

STEAM MACKEREL FISHING.

I Q. And so far as coal is concerned yours is the only vessel that is

»j?igedin mackerel fishing with steam? — A. Yes, sir.

I Q. It is an experiment ? — A. It is an experiment.

I (J. How does it operate? — A. Perhaps it bids fair to operate favora-

|ly,bnttbo circumstances this year have been against it.

COMPENSATION OF FISHERMEN.

I Q. What are the shares of those fishermen who go on sailing ves-
F'-A. They give the crow half, only their crews aro not sunject to
pir board bills or fireman's account the same as ours.

By Senator Edmunds :
IQ- On sailing vessels you .would not have any fireman's account, I
fl)pose!~A. No, sir.

r

i-i

i

i."

\

:$ 1

■■f

i

!'

i.

i'

\

fj

1

1.

700

AMERICAN FISHERY INTERESTS.

By Senator ¥ yre :

Q. Tbe owner furnishes the outfit, and all that sort of thing and the

boarding?— A. Yes, sir.
Q. And the sailors get half? — A. Yes, sir. '''-^"''^'j m^'\ ■:':.:

Q. Does that includo the captain? — A. No; the owner of tbe vossel

furnishes the captain, I believe. lu some places the crews are paid

partly in cash, but it is not customary.

By Senator Edmunds :

Q. About how many men go in sailing vessels from this port!— A. I
From 15 to 20 for each vessel.

Q. How much do they ordinarily make in a year, taking ten years!
together for an average? — A. I think during the season they average I
somewhere about $30 a mouth for good seasons ; this season they lianlHl
made $5.

Q. Take an average of ten years. — A. The average would be in tlial
neighborhood of $30 a month.

By Senator Frye :

Q. Have you any idea of the profits of the owners ?— A. In many
places they have been out of pocket in the last ten, years.

By Senator Edmunds :

Q. For how many months would the average of $30 rnni— A. Fo^
seven months.
Q. That would be $210 a year?— A. Yes, sir.

winter occupations of fishermen.

Q. What occupation do these fishing men pursue when their voyagei
are over? — A. A very few of them keep at the winter fishing; perliap
about one-third of the whole number only keep at it during tlie winter
as it is extra hazardous.

Q. J)o the others find employment in *ho winter? — A. As arnletM
lie by.

INCREASE OF CANADIAN FISHING FLEET.

By Senator Frye :

Q. What eflect has the treaty of 1870-'71 had upon our flsberies;
upon the Canadian, within your observation, as to the increase of tli
fleets, &c.?— A. Nearly all their fishing fleet has been built since tliaj
Several years ago there was a treaty similar to this, under which tlia
prospered, and built up quite a fleet of vessels; then there caiiiej
change. Jn the mean time, betveen the old treaty and the new, M
fishing industry died out and their vessels were sold or made way »il
so that at the commencement of this last treaty they had a very sinal
fishing interest outside of the States. The people of that country coin
hero and engage in fishing during the summer, and then take m
jn'oflts homo and live during t!jo •winter. But free trade gives thcr
chance to live and do business at home.

Q. lias that increased their fleet immensely?— A. Yes; 1 jmlfjotfl
thirds, if not nearly all of it, has been built up since that treaty wa
into effect. j

Q. Have you noticed the result upon our fisheries since that im
went into effect? — A. I know that there is nearly a whole year's ca^
aheod that they cannot sell; an absolute lailure, like this year's liiili'l

AMEUICAN FISHKRY INTERESTS.

701

jjyes 11 cbauco to work olT the old supply ; there has been a surplus
ahead lor three years.

llEFlJlGEUArOE TKOOESS.

Q. flow about the increase in the fresh-fish business in tl-; last 15
Tears!— A. I believe IZ jk^,ics ago there were in Boston some ten or flf-
ieeu linns in the fresh fish business, and now — I haven't the exact
figures, but I should say there are fifty to seventy-five in the same
biisiuess in Boston.

Q, So that it has increased immensely ? — A. Yes.

Q. By reason of the processes of freezing and transporting in re-
frigerator cars?— A. Yes, sir; and the market has improved, and
transportation is much more perfect, and they reach markets that for-
merly tbey did not reach.

Q.' Wliat effect, in your judgment, has that had upon the salt-fish
business?— A. It has greatly reduced the demand in the Northern States,
but in the Southern States it must remain nearly the same, because
tbey cannot get at the fresh fish.

Q. But ou the whole it has reduced the demand for salt fish "? — A.
Yes, sir; and in time I think it will still further reduce it.

Q. The fresh-fish business has increased very heavily during the last
I six years of the treaty ? — A. Yes, sir.

Q, In your opinion it will continue to increase, and thus still fur-
i tber att'ect the salt-fish business ? — A. Yes, sir.

" m

I'll'.*

FREE FISH.

Q Then, in your judgment, what would lie the operation upon our
I fisbery business of allowing them, under the item in the tariff bill, " fish,
fell, for iuunediate consumption," to bring in all these fresh fish ? — A.
In ten years from now you will see quite a change if the past treaty ar-
raugemeut should go into force again, anjl they would undoubtedly
jcoudiict the whole of the fishing industry of the continent, because they
lon't have to live under the same conditions we do.
Q. So that you would look, if they had our markets, to see the gradual
jfxtiiictiou ol' our fishery business*?— A. I would. In fact, if I continued
jiii tbo business under now treaty regulations, if I had nothing else to
jturn to in this country, I would move there and carry my business over
liei'o, because I could do the business there so much better.
'i. Do you think that v>^ould be the result to our fishermen?— A. I
|ito.

NATIONALITY OF FISHERMEN.

Q. What proportion of the men from New England engaged in the
isbery business are American citizens? — A. I don't really have any
Icliaiice to get at statistics to find out. I think the most of them go from
jtlie State of Maine. During the season in the Bay we had three that
Iwro formerly natives of the Province of Nova Scotia, but they now
f ve in some part of the States.

Q' They are naturalized citizens of the United States ? — A. Yes, sir.

TRANSSHIPMENT OF FISH OVERLAND.

By Senator Saulsbury:
Q' If you had the privilege of landing your fish and 8hii)ping them
Py rail do you think you would be able to compete with the (Janadians?

I m

HI

i 'i!

f '3

702

AMERICAN FISHERY INTERESTS.

— A. No, 8ii'; that wouldn't make any dillcrenco, I as, as long at*
the privilcgo remains; and in fact it is said now tlia we are no bettw
off by the abrogation of this treaty, so far as fresh fish go. Tliis is
an exceptional year, however. Nobody was i)repared for tiiis year.
Nobody was in any condition to manage fresh fish except my vsclf, because
I have this steam vessel, and by means of the quicker transportation
given by that steamer have saved time which amounted in the aggre-
gate to some 30 days or more.

Q. What advantage would that be to the men engaged in flsbingin
schooners? Could, or could they not, if they had that privilege, uiakc
more trips than they do make? — A. J don't know. It would require
considerable preparation to have the salt, barrels, and other necessaries
at the railroad terminus, and those things they would bo obliged to buy
from Canada. They might save sometimes. They use up from 12 to
18 days on the round voyage between the fishing grounds and Lome, and
they would only use about 4 to G days the other way ; but they would
have the transportation to pay as well as the largo profits ou iliesup
plies they would have to buy there. So that the gain to tbcin would i
not bo so very much. On the other hand, as a rule, they got better
prices at homo wheii the fish are handled from the vessel than tlioy j
would to take them off the ship and send them over the railroads.

Q. You did not know, as I understood, what proportion of tbe men \
engaged in our fishery business were native-born Americans ?— A. No,
sir; my own experience is that most of the men go from the State ol'j
Maine.

CLOSE TIME.

By Senator Frye :

Q. What is your opinion as to the propriety of a close torin up to tliej
first of June! — A. Of course their net-fishing and trapilshing on
Nova Scotia coast affect the supply just the same as ours. We are all j
at work on the small fish, and we all would bo equally benotitod by iil
close time. I don't think there is anything to be gained in the lougj
run by trying to fish for mackerel South.

Q. In your opinion it would bo better to have a close tiiuc!-A,
think we should be benefited in five or ten years; it would takonearlyj
that time to see any appreciable benefit.

Q. Do you think the mackerel 8ui)ply has been diminished?— A. IdoJ

Q. By takingthem early in the spring? — A. Yes, and by destroying thj
hatching-grounds.

Q. They are not good, I take it, in the spring? — A. Tbey seem t^
market very well when fresh; they are not good, to use as siilt lisl^
They are similar to shad and other kinds of fish that spawn at tba
season.

By Senator Saulsbuky :
Q. Is the principal i)ait of the fishing done, from dapo natteras,l(^
instance, to opposite New York, by Northern men? — A. Yes, sir; '
these Maine and Massachusetts vessels ; there are no others engiiga
in the mackerel fiaiiories, that I know of, in the States.

HABITS OF MACICEREL.

sir; we know

By Senator Edmunds :

Q. What time do the mackerel that are ready to spawn come m (

the British coasts up there? — A. They come in during tUo montuj

AMERICAN FISHERY INTERESTS.

703

June. It t'oniCB later than our season, because the lisli do uot got aloDg
go goon. Oil" New Jersey and New York they are with us in April and
Mav. It takes that difference in time to make the passage.

Q. Do you think the same schools of lisli that are found at Capo Jlat-
terasgoou northward to Block Island and clear ui) to the British coasts? —
A. Ob, yes, wo know they do; we follow them day after day; they
easily make from 20 to 50 miles a day.

Q. So that from your ospitjrionco you think it is perfectly clear that
the same schools move along the whole coast to the northeast? — A. Yes,
sir; wo know they do.

By Senator Saulsbury :

Q. IIow far off from shore do these schools of mackerel that you have
followed usually go ? — A. On the mai) you can see very plainly. When
tlie.vare running in spring they seem to leave the Gulf Stream and
iiiiiico directly for shoal soundings. In the winter the shoal water is
coldor, but when the water gets warmer they make for deeper water

itli aud east until the spawning time comes. They follow the shoal
tsouudiuss until they get to Maine, Massachusetts, or Nova Scotia, and
I in some instances I +' .nk they go as far as Labrador to spawn.

By Senator Edmunds :

Q, IIow far off shore down at Hatteras and along the Jersey coas't do
[ Jim ordinarily get the most fish ? — A. About 25 to 35 miles.

Q. Then when you get up to Block Island they are closer in, I sup-
I pose?— A. No, sir; uot often. Some seasons there they run CO miles
[oil' shore, aud other seasons thoy run within 5 or 10 miles off' shore.

Q. Taking the whole eastern coast of the United States together,
kliat would bo the distance off shore that you would expect to get the

great bulk of mackerel, if you were going to fish for ten years right
[along ?— A. I should imagine it would be about 40 miles from the coast.

THREE-MILE LIMIT.

Q. So ou our shores you would not count the three-mile limit as of
[anyvaluo at all ? — A. No, sir; but then there arc exceptions.
Senator Edmunds. But I am speaking tf it in a general way.

By Senator Frye :
Q. Is tliat true of British water? — A. No, sir; I don't think it is.
iTlieir coasts make differently, somehow. , After the mackerel get in
Itliere they seem to be driveii in-shore by a species of large tish that
Iwrsucs them within 10 or 15 miles of the coast. At any rate, we don't
poatside, because where we find fish there is no occasion to go further.
Oar average distance would perhaps be 5 miles up there.
Q. Suppose, in fishing up there 4 or 5 miles from the shore, outside
^tlie three mile shoreline, you run across a school of mackerel and the
piud is toward tho shore, how long does it take you to get into the
pe-miloliniit?— A. A wind like ^hat will cause us to drift nearly half
• mile an hour.

Q. So that before you could gather iu your school of mackerel you
N(l bo inside tho three-milo limit ? — A. With a very largo school we
Foultl.

TAKING MACKEREL WITH I'URSE-SEINE.

By Senator Edmunds :
[(J. From the time you begin to swing around a school of mackerel
towlong would it ordinarily take, in weather that is not very rough, to
pthem up so that you could put your ship under sail aud stand oft"?

704

AMERICAN F1811EUY INTEUE8TS.

The Witness. To take tliein uboaril ?

Senator Edmunds. Suppose you wer> drifting in toward the tliieo-l
mile limit. I

A. It takes us usually about twenty Mnutes to get the fish ready fori
removal to the vessel, and then wo eau handle about 100 barrels aiil
hour, with a very active crew. I should imagine they would consuiuol
nearly two hours, on the average, however, with a hundred barrels.

Q. Can you not get under way until they are all in ?— A. No sir*
we have to lie still ; wo couldn't move 50 feet without tearing tlio net!
A hundred barrels of fish is a very heavy mass, and we arc obliged to
use as light netting as possible on account of convenience iu liaiidlinj;.

Q. How many fish were there in the largest number you over took!
in one haul, if you call it a haul, with a purse seine? — A. Wc havesiived
GOO barrels. In the Gulf of St. Lawrence the past year from one schoclj
we got 150 barrels. The schools run smaller there because the water ijj
shoaler.

TESTIMONY OF CAPT. EDWIN T. LEWIS.

Gloucester, Mass, October 4, 188C.
Capt. EDWIN T. LEWIS sworn and examined.

By Senator Edmunds :

Question. What is your ago ? — Answer. Twenty-nine.

Q. Eesic'ence? — A. Booth Bay, Me.

Q. What is your occupation ? — A. Fisherman.

Q. Are you master of a vessel ? — A. Yes, sir.

Q. How long have you been engaged iu fishing, whether as master o
otherwise! — A. I think about fifteeu years.

Q. Where have you chiefly couducted the business ? — A. Ilcre.

Q. I mean when at sea. Where did you catch your lisb !— A. TIJ
most of them on this coast.

THREE-MILE LIMIT.

Q. Have you ever fished in what we will call British water, tbat is t
say, in the Gulf of St. Lawrence, on the Grand Banks, &c. ?— A. I ba^j
fished in the Gulf of St. Lawrence.

Q. Did you fish for mackerel, or cod ? — A. For urackerel.

Q. How many sea ons have you fished in the Gulf of St. Lawrence!^
A. Since I have been master of a vessel I have been there tbrco sei
sons.

Q, How many while not master ? — A. Two, I think.

Q. Making five altogether? — A. Yes, sir.

Q. During those five years where did you get the bulk of your ma
erelT

The Witness. Inside or outside the three-mile limits?

Senator Edmunds. Yes.

MAP.

Q. Have you seen, before, this map hanging on the walloftbisrooa
—A. Yes, sir. |

Q. Can you point out to us about the places where you fisbedt-j
Yes, sir. [The witness did so. J

Q. I'Voin your e;
and that this blue
Yes, sir.

Q. How far out (

[ jearsf— A. From t

Q. Have you bee

Q. Have you ha(

but once, going anc

Q. Did you go th

y. You always d(

A. Yes, sir.

Q. liow many me

Q. Did they go oi

y. All the liiacke]

Q. Tbo share is t

I Tlie shares arc the i

Igetvsasbare, but the

Q. About how mi

I iiavo only been mas

I tare made an avera/

Q. For hi)w many

Q. Wbat do they <

[tlieui do anything; t

Q. Have you been
|ws winter fishing oi
Q. You fisb, of coi
Q. Do any of our 1
jerel with a hook and
I Q. Do you go fitted
hegofitted for both
Q. Wby?_A. Beci
Q. You get more b'
Q- Why do you go*
■are tiiues when you ca
l»o lay by, Looking.
Q- What depth of ^
liem with a hook?—.
'ifli a purse seine.
Q. liut tbey do no

Np around the ves

Q- III that case wh\

~A. We do. ^

?• J,f' " uow speak
-'•IheyshowattlK
fij when they don't (
I V- And haviuff irot
pecan. " ^

, Q. Taking all your
'^"on.doyou think

S. Ex. 113-

AMERICAN I'lSHERY INTERESTS.

70j

Q. From your experienco do you uiulerstaiul iliis map to bo correct,
and tliftt tliiH blue represents the chief inackeroMlshiug grouiulsf — A.

Yes, sir.

Q. How far out did you take the groat bulk of your flsh in the flvo
years!— A. From flvo to six and eight miles, probably.

Q. Uavo you been up there this year? — A. I have.

Q. Ilftvo you had any difficulty^ — A. Not any. We never harbored
but once, stoiug and coming, except in stress.

Q. Did you go through tlio Strait of Canso? — A. Wo did.

y, You always do, I suppose, when you go up there, do you nott —
A. Yes, sir.

COMPENSATION OF FISHERMEN.

Q. IIow many men did you employ this year? — A. 1 had 17.

y. Did they go on shares? — A. Yes, sir.

Q. All tlie mackerel men do, I suppose? — A. Yes, sir.

Q. Tbc share is the same as Captain Joyce stated, 1 suppose? — A.
JTlio shares are the same, but wo goon a little different lay. Our crow
gets a share, but they have a few expenses to pay extra.

Q. About how much do they make on a ten years' average? — A. I
liavo only been master of a vessel about eight years. Probably they
I kvc made an average of $40 a mouth and better.

Q. For how many mouths? — A. For seven or eight months.

Q. What do they do tho other four or five months? — A. Very few of
I tlicm do any thing; they lie by.

nOOK AND LINE VS. SEINE.

Q. Have you been a mackerel man all tho time ? — A. All the time. I
[ifns winter fishing one winter, haddocking.

Q. You fish, of course, with a i)urse seine? — A. Yes, sir,

Q. Do any of our fishing vessels, to your kiiowledge, fish for mack-
Icrelwith a hook and line? — A. They do very little.

Q. Do you go fitted out to try to make a catch that way ? — A. Yes, sir j
|iiegoflttt'd for both ways, but wo only catch very few on tho hook.

Q. Why?— A. Because wo can't.

Q. Yon get more by seining? — A. Yes, sir.

Q. Why do you go fitted out with hooks at all yourself? — A. There
bre times when you can't see them ; schools don't always show, and thou
|io lay by, hooking.

Q. What depth of water do you generally get them in when you catch

kiuwith a hook? — A. Wo fish on about tho same ground as wo do
I a ]mrse seine.

Q. But they do not show on tho surface? — A. No; sometimes wo

fweep arouud tho vessel and get some in that way.

Q. In that case why do you not run out your seine and take them in ?

-A. We do.

Q. I am now speaking of hook fishing. When is it you risk a hook?

-A. Thoy show at the surface when wo catch them wjth tho purse seine,

piiil when they don't do that we touch them up Avith bait.

Q. And having got them there you purso them if you can ? — A. If

'lean.

THREE-MILE LIMIT.

Q' Taking all your mackerelmen together, according to your obser-
Wion, do you think that the right to fish within tho three-mile shore

■..0.il

S. Ex. 113-

-45

7()(;

AMERICAN FISUEUY 1NTEKE8TS.

liuo in ot any 8ub8t.iuti;il value to the inackorel-Usliiiig iiitciust of Um
United States? — A. I do not.

Q. You would not bo willing, thou, to have tiio United States ^'ivo ]
the Canadians any valuable privilege in returu for the rifjbt tolish
within their three-mile shore liuet — A. No, sir.

SALT AND FRESn FISH.

Q. Do you carry ice? — A. Wo do now on this shore; we never car-
ried any that fur.

Q. All your sailing lishermen use salt up there, I suppoiol— A. Yes 1
sir.

Q. Do you assort your fish before you barrel tbein, or Uoy-mputj
theui all together antl assort them when you get houie?— A. Wo put
them iu barrels and salt them.

Q. Without arranging them by numbers? — A. Yes, «:r.

Q. IIow long does it take you to run from Magdaleu lalaiuls hercf-j
A. It will take from eight to ten days.

Q. How far is it? — A. About 700 miles, I should say.

Q. You cannot make more than 100 railCo iu twenty-four Iwiirs, oiij
an average ? — A. Not ou an average ; no.

NATIONALITY OF FISHERMEN.

Q. Of what nationality are the crows you employ ?— A. Miiio aroj
Americans, mostly from the State of Maine.

THREE-MILE LIMIT.

Q. Do you find Canadian fishing vessels iu the Gulf fishing ou thosauie j
grounds where you fish? — A. Yes, sir; they fish on tho saiuo {.pounds |
wo do. They fish iushoro sometimes, and wo do not.

Q. But, generally, were the Canadian vessels chiefly em|)loyed iufislij
iug for mackerel inside, or outside the three miles ? — A. This year tbeyj
fished with us all the season. I didn't see but very few within the tlircof
milo limit.

Q. They take their fish into what port? — A. To whatever port tbcyj
sail from.

SALT AND FRESn FISH.

Q. They put up their fish in salt just the same as our fishermen do t-|
A. Yes, sir.

Senator Edmunds. I did not know but they took their fish fresh aDd|
carried them to a railway somewhere.

The WlTinsss. Not that I know of.

Q. They get their salt and supplies from thoir own port ?— A. 1 1
I)oso they do, except I beliovo they got their purse-seines from tliaj
United States.

RELATIVE COST OF UNITED STATES AND CANADIAN VESSELS.

Q. Are the provincial vessels about the same size as ours ?— A. Aboulj
the same.

Q. And schooner-rigged ? — A. Schooner-rigged.

Q. How do they compare in cost, so far as you know, with oar ves|
sols ? — A. They only cost about two-thirds as much.

AMKliKJAN I'lHIIKKY INTHKKSTS.
COMPKNHATION Ol'' MBIIKUMKN.

707

(V Do tliuir ineii HhU oh Hliarcs? — A. The Haiiio as wo do, I tiiitik; I
[iiii not M\iv.
(J. Tlioy have about iJio sanio lay, you supposo t — A. About the MiiuiOi

MACItEKEL I-'ISUINO-.

IJy Senator Frye :

Q. What (listanco IVoin shoro have the bulk of your uiackcrel boon
takt'ii u|» tliero thin yearf — A. About lour to six miles.

Q. Taking' it through tho whole length of the eoast, where have the
bulk of tlio mackerel been taken in our own waters ? — A. From 35 to 40
miles from the shore.

Q, 111 ill! your nuuikerel fishing together, where have you taken the
bulk of your lish, in American, or Canadian waters? — A. In American
waierH.

Q. Wliiit proportion in American waters? — A. Nine- tenths.

[)y Senator Edmunds:

Q. Is that true of the great mass of the American mackerel fleet?—
A. I don't know that; I have no experience.
Seuiitor Edmunds. The statistics will show.

NATIONALITY OF FISHERMKN.

IJy Senator Saulsbuby :

Q. Uavc you any means of knowing about what proportion of tho
Osbcniieii are native-borii Americans? — A. No, 1 have not.

Q. Do the vessels that go out from here carry part of their crows from
tbeProviiiees, or do the.A' take them all from here, as a general rule? —
I A. Now they take them all from here; they are not allowed to take them
I down there.

Q. They are not allowed to employ them there ? — A. No, sir.

:.EEE nsn.
By Senator Frye :
Q. Wliat is there that Canada can give us that will bo an equivalent
I for the privilege to them of sending their fish into our market free ? — A.

jTbere is nothing.

BAIT.

Q. Have you need to go in there to buy bait? — A. I don't use any bait.

Q. Do our cod-fishermen go in there to buy bait? — A. They can get
[along without it very well.

Q. So til at, so far as you know, there is nothing Canada can give
pbicli would bo regarded by you as an equivalent for a free market to
tlicin!-A. No, sir.

■>[< 4 1

V-if

i.i

7US

AMKKICAN I'lHI'

IN'I"i:UlvSTH.

TESTIMONY OF CAPT. RICHARD WARREN.

Gloucksteu, Mass., October \, \m.
Capt. JllClJAltl) WAitltEN sworn ami oxiuniiicd.

By Senator Edmunds:

Question. Wlicro do you reside? — Answer. In CJIoucestur.

Q. What is your occupation ? — A. Kisliin^'.

Q. Wliat kind otiisliinfj? — A. Mju-kercl, wholly.

Q. How lonj; havo you been in tlio buisinesa'? — A. '.^'hirtyllvc jcmi).

Q. How loufj as niastorl — A. Twenty-six.

Q. Whereabouts iiavo you llslu'd mainly? — A. 1 have dono most of
my llshiiifj for tlio last Jilteen years on lliis coast; previous totliutiii
the Gulf of at. Lawrence.

Q. Prcviolis to 1871 you fishetl for how nuuiy years iu'tho Gulf of St,
Lawrence? — A. Ninirly twenty years.

THREE-MILE LIMIT.

Q. Takinjjf the St. Lawrence llsheries, where diil you ^ct tho bulk of
your mackerel as respects the three-mile shoreline? — A. I should iud^'c
that for tho twenty years 1 was inside the Buy of St. Lawrenco I liailly
saw tho shore, being oil" the uorthwest point of Prince Itldward's Islani

Q. You were a good many miles from that point? — A. Yes, sir;
twenty to forty.

UABITS OF MACKEIIEL.

Q. Do tho mackc' v there have the habit of staying about tho same
particular place eai r ? — A. At that particular time wo were liooli-

ing, not seining, anu iiuit used to be a very choice part of tho St. Law-
reueo for us to llsh. There are many men in the room now who used to
fish there — old, experienced men — and we iished there years and years,

SUPPLIES.

Q. In that -*0 years or so bow many times in a season did you tiiidit \
necessary to go into any British port for supplies other than wootl and ;
water, and for shelter and to repair damages? — A. I don't rccollcctdur-
ing my first ten years down there that 1 ever went in for supplies; 1 i
might possibly have done so; but 1 did not go in for anything luorctliau |
wood and water.

nOOK AND LINE VS. SEINE.

Q. When did the liook-and-line fishing from vessels chiefly stop, audi
you take up the purse or other kind of seine fishing? — A. I ])resuiin'j
about 1875 there was quite a large majority went to seino fishini;; I|
think it was in 1875.

Q. About Iiow long are these purse seines? — A. Two huudred I'atiij
cms and upwards.

Q. How deep? — A. About 20 fathoms deep.

Q. So they woold touch bottom in 20fathom water!— A. Yes, sir.

By Senator Frye :
Q. What do they cost?— A. In tho neighborhood of a thousand dolj
lars, near that.

A:.!£UICAN fishkry intkuksth.

700

|{y Senator j'^dmundh:
Q. 1 siippoHO tlJOHo 8ciiieH iini iiiikIo ill tiiu UiiitiHl StUkt'H by ma*
fl,j,n,ry f— A. Yo8, sir; tlioy aro inado i>rin(!ii)ally in Boston; some are
made in Gloucester at prosent.

THREE-MILK I.TMIT.

Q. T)i<l you (Ish ill tlic St. Lawrence waters during the existence of
tlin trcivty of 1871 f— A. Yes, sir.

Q. And iliirinff tliat time, if I understand you, you fislied outside of
tlio tlireo miles If — A. There wasn't very much JlHliing, either. There
were very few fish caught while I was there, and so 1 didu't remaiu
long; I came out after I was there a short time.

Q. I lave you llsiied there since? — A. I fished there six week.,; nearly
two nioiiMis.

Q. Have yjtfi had any dilliculty with the authorities in any way iure-
fiard to your vesseH — A. No, hsir; I haven't visited their harlmrs; I
only visiied one harbor during all the time 1 was down there.

Q. Did you see many Canadian llshermcn <lown therel — A. I saw a
jjihhI iniiiiy.

Q. Wliere were they llsUing? — A. In the same waters we were dur-
iii;; tlui time I was there ; I saw more or less of them every day.

Q. I slioiild infer, from what you say, that, like our vessels, they catch
the bull; of their mackerel by the present methods, with seines, and
oiitsidc the three miles? — A. Wholly, so far as 1 know; very few mack-
erel aro. taken by Cana<lian vessels inside, I think.

0 I'^ioin your knowledge of that fishery do you consider the right
toi .,011 iiiil your fellow-fishermen to catch mackerel within three miles
oltlicsli' ' of any substantial value? — A. O, no, sir ; it is a detriment to
IIS to };(> iiKsliore. That coast abounds in rocks, and the waters are shal-
low, especially along tlu) east coast of New Brunswick and Prince Ed-
wiml Island ; and it is a detriment to go into those shallow waters, for
llioy are about sure to lose their seines or tear them badly. It is an
advantage to us to keep away from shore.

Q. The water is deep around Magdvden Islands, is it not? — A. No,
sir; it is shallow, mostly.

Ily Senator Fkye:
Q. It is looky, is it not?— A. Very rocky.

mp

AVERAftK VOYAGE.

By Senator Edmunds :

Q. How long does it take you to make a voyage? — A. Owing to cir-
ciuiistances.

Q. Bat take an .average from four or five seasons together, what
would you calcidate to be the necessary time from the Magdalen Isl-

mht

The Witness. Making the passage?

Senator Edmunds. Yes.

A. To go and return it would take about two weeks.

Q. Thait would bo a round trip?— A. Around trip; that could bo
'loiic easily in fourteen days.

Q. In an average year of, say, 20 years back, how many voyages
would Ibo Gloucester schooners be able to make up there and back? —
A. It is pretty hard to get at the average, because they differ so much.

710

AMERICAN FISHERY INTERESTS.

Often tlioy make tbree voyuges IVoui here to tbe Gulf of St. Lawreiicu
in a sailing vessel and back again.

Q. And sometimes, I suppose, tbey do not make more than ono!— A.
Ye.s, sir. I liave made four by landing.

FREE FISH.

Q. I will ask yon the same qnostion that Mr. Frye has asked tlin
other witnesses: Is there anything in the fishery way that you would
consider to be an equivalent tiiat Canada could give us for giving Iicr
the riglit to market both salt and fresh Ush free into onr ports?— A? No.

By Senator Frye:

Q. What is the eflect of a free market upon our fisheries?— A. As far
as 1 understand it, we certainly would be obliged to haul out of tlic busi-
ness in a very short time; that would bo the case, I think, witli cverv
oPiO that follows it here in this part of the country.

Q. Ill your opinion, then, in ten or fifteen years' time it would dpsfroy
the fishery trade of our country ? — A. Wiiolly.

Q, Would you go over there? — A. We sliould be obliged to 11" wo
wanted to continue in the fishing business.

RELATIVE COST OF UNITED STATES AND CANADIAN VESSELS.

Q. Why can we noL compete with them? — A. It is impossible for ii8
to do it on account of the difference between our systems of produciiif;
vessels and running them.

Q. Such as what? — A. They have a very diiferent method of riiiuiiiij;
them, and they fit them out differently, and the crews «loii't expect tlie
same living.

Q. How much more sbouhl you sny it would cost to build our vossijLs
than theirs? — A. A new vessel of a humlred tons can be built there
rejuly ibr sea at a cost of $0,;>()(), and ono of ours of the same laiiuage
would surely cost f 10,000.

OUTFITS AND COST OF LIVING.

Q. How about outfits? — A. They live difierently. We got tlicbest
there is in the market, in tbe shape of food of all kinds, to putiiltoanl
our vessels, but they go under a different system ; they can eat a bam!
of herring wiiii .*, relish, at which our fisberhien would turn up their
noses. Our outfit costs nearly onohalf more. They get Hour very
much cheaper, and they live so difierently in every way. Wo use ;t
barrel of beef every twenty days, and they would take two months in
consuming it; they use it only once a day, when we have it ou tlio tabic
all the time. They don't have any luxuries at all.

Q. On the whole, how much more expensive should you say wonld lie
the whole cost of outfit and everything else for an American vessel tlian
for a Canadian? — A. F'nlly one-third more, according to ni y judffineiit.

Q. Do they have any advantage of yon in getting their niadcreltn j
market more quickly?— A. That must be an advantage. Tbeyhavcj
not commenced, but, so far as my knowledge goes, another soiison theyj
will supply our market nearly aiiogether.

INCREASE OF FUESII-FISII BUSINESS.

Q. What do you know, if anything, abont the increase of tiiofresli-
fish market in this country in the last ten years? — A. 1 know it hasin-j

AMERICAN FISHERY INTERESTS.

711

creased more than 50 per cent, in tlio last ten years; I have been con-
nected with it for the last fifteen years.

Q. What efl'ect has that had upon the salt-fish markef? — A. It has
reduced it, of course.

Q. Js there a constant and growing increase in the use of iVosh fish
in this country?— A. Yes;" there is.

Q. Caused, I suppose, by the inijreased convenience in the transpor-
tation of fresh fish ? — A. Yes, sir.

Q. You can distribute fresh fish now all over the country by rail / —
A. Yes, sir; whereas, a few years ago there was a very small quantity
I of fish shipped in that way.

Q. In your opinion will that trade continue to increase?— A. I don't
lee wliy it should not.

Q, Do you think, then, that the Canadians, under the item in the
I tiiriff act, "Fiijh, fresh, for immediate consumption," should be permitted
Itosendin all these frozen fish? — A. I don't suppose they ougiit, but it
j appears that they have been.

CUEING OP PEESn FISU AFTER ENTRY,

Q, Suppose a cargo of frozen halibut or any other kind of fish was
Ibronglithere and landed as "Fish, fresh, for immediate consumption,"
the wholesaler who buys them transships them to Boston or New York,
I does ho not? — A. Yes, sir.

Q. Is there any way for the custom-house oflicer here to follow them
I in order to see that they are not cured afterwards ? — A. There is a way
[to follow them, but certainly I have never known anything of that kind
[to transpire.

Q. They can, and undoubtedly do, cure a great many of these fish that
[are so entered? — A. I have not the slightest doubt of it.

Q. If the market is very strong they will not lose them? — A. No, sir;
llhey euro them. The fiish can be brought in fresh today and salted to-
Imorrow, and the public know nothing about it.

EFFECT OF THE TREATY OF 1870-'71.

Q. What has been the effect of the treaty of 1870-'71 upon the Ca-
liadian fisheries? — A. I haven't had much experience down there in the
pt lew years ; I have only been there one or two years.

Q. What effect has it had upon our business hero? — A. You can see
|tliat; every day without asking the question.

Q. What is the effect? — A. The amount of it is that we get in surplus

I liere in town that wo can't dispose of.

Q. Js it driving your fishermen out of the business ? — A. Certainly ;
lots of them.

Q. How large is your fleet here now ? — A. T don't know how large it is,

DUTY.

Q. Wliat do you want of the United States Government so far as fish-
te are concerned?— A. I should like to add to the duty.

Q' Wliat do you say the duty ought to be ? — A. I am not prepared
"say what I think it ought to be, but I think it ought to be enough to
pp the Canadian fish out and give the American fishermen a chance
Tolive,

IQ. Can the American people supply the American market? — A. I
^luiiie they can ; they usually did before Canada got a fleet of flsh-
iiifn of her own.

712

AMERICAN FISHERY INTERESTS.

Q. Ill your opinion should there be a duty on frozen fish?— A. Yes,!
sir ; there should be. j

Q. Do you know anything about the retail market ?— A. I knnvl
something about it.

EFFECT OP DUTY UPON THB CONSUMER.

Q. The fishermen sell to tlie wholessvler? — A. Usually, yes.
. (i. And the wholesaler to the jobber. Now, what is the (litrerciic<i
between the price the fisherman receives for his fish and what the m
Ruiner pays for his ? — A. That is a i)retty hard question for me to ai
swor, because it varies so much ; of course there is some considerabli^
difference ; at times there is a big difference, and then at other tiraa
there may bo less.

Q. Does the fisherman average more than two-thirds of the price paid
by the consumer ? — A. Usually not, I think. That is putting it a httlij
small perhaps ; I should think they did a little better than tliat.

Q. ]*'rom your experience does the duty on fish affect the price of I
to the consumer ; I do not mean to the wholesaler? — A. Yes; it docs, j

Q. How ? — A. I don't know as it does to the consumer, cither.

Q. if there is any effect, is it not between the wholesaler and the fisk
erinan? — A. That is just what it is usually; to the consnnier I don"!
know as it. makes Jiny difference.

CLOSE TIKti.

Q. What do you say about close time for mackerel? — A. 1 thuikJ
would be a good plan to close it up to the Ist of June, or better still, |
think, to the 1st of July.

By Senator Edmunds:
Q. State your grounds ior thinkingso. — A. On account of the scarcitj
of lish, wliich results from catching so many flsh early in the scisoij
and catching them before they have a chance to spawn.

By Senator Frye :
Q. When they are carrying spawn do you think they arc as {rood J
they ought to be? — A. No, sir; ofcourse they are not so good. Ofcoun
fresh fish readily find a market, but come to salt them and they arci
of as much value.

By Senator Edmunds :
Q. Is mackerel roe over eaten as shad and salmon roe? — A, Itiscatt
quite extensively, by New York folks especially.

HABITS OF MACKEREL.

Q. Do you think the same schools of mackerel go North from UnM
and New Jersey all along this coast?— A. Oh, yes; there isiiodoul
about that, because we hii vo followed them from year to year right aloij
the coast.

FRESH AND SALT FISH.

By Senator Saulsbury:

Q. What proportionof the fresh flsh that are thrown upon our markej

are caught in American waters? — A. Well, 1 could not say, W '

AMERICAN FISHERY INTERESTS.

7i;^

largest part of ilicin are caught in our waters, tliat is, in tbo inackerol

line.

Q. What proportion of tbo mackerel that arc caught between Uatteras
and Salem or Boston are sold as fresh fish, and what proportion are
gold as salt flsib, so far as you can form an estimate? — A. I really
couldn't tell ; that is something I never thought of. The majority wo
have caught are sold salted, because it is only for two months in the
first of tbe season that they run fresh. Down this way most every one
gets salt fish at this season, but in tbo early season most every one gets
Iresli fish. So really I could not tell what proportion would be sold
fresh.

SPRING FISHING.

Q. Is your fleet here at Gloucester and along our shores here engaged
largely ill the spring fishing from Uatteras northward? — A. Usually
there arc about 100 sails of vessels engaged in that business from this
port alone, I guess.

RATIO OF FISn CAUGHT IN rROVINOIAL WATERS TO THOSE CAITGHT
IN UNITED STATES WATERS.

Q. Can you form an estimate of what i)roportion of salt fish for sale
in our markets are caught in the British waters around the Provinces? —
A. I presume three-lifths of them were caught there this year.

Senator Frye (to Senator Saulsbury.) By " British waters" you do
not mean within the three-fnile shore line?

Senator SAULSBURY. Ko.

Q. Aro the tbree-flCths you speak of brought h<^re ami thrown upon
the market, or aro they brought hero in bond and transhii>ped to some
other point largely ? — A. Those mackerel caught in tiiat vicinity are
fetched hero and salted and shipped all over the country.

Q. Are there not a great many of their fish that come here salted,
having come in bond, and are transhipped without paying duty? — A.
I am not aware of that fact; it may be so.

NATIONALITY OF THE FISHERMEN.

Q. Yoli have been in the fishing business a good while and have a
general knowledge of it; what proi)ortion of the men engaged in fish-
ing from our ports aro native-born Americans? — A. 1 should judge
somewhere about two-thirds.
Q. Have any of our vessels been in the habit of going out to the lish-
iiij,' grounds and re8hii>pihg men? — A. They have been in the habit some
I jeurs ago of going down to the Provinces and shipping one or two men
I or four or five for each vessel.

Senator Saulsbury. I understood from one of the captains that that
I is not admissible now.
The Witness. No, sir; it is not. y

By Senator Fr YE:
Q. Do they not allow you now to ship other men? — A. No, sir; if a
[ iiwn there wants to go a fishing on one of our vessels ho has got to hunt
"IMnonoy enough to bring him to this end before he can ship.

714

AMEAICAN FISIIKKY INTERESTS.

TESTIMONY OF CAPT. JOHN McftUIN.

Gloucester, Mass., October 4, 1886.
Capt. JOHN McQUIN sworn and examined.

By Senator Edmunds :

Question. What is your ago? — Answer. Sixty-two.

Q. Where do you reside ? — A. East Gloucester.

Q. What is your occupation? — A. I have been ashore mostly for the
last four years ; for the last fifteen or sixteen years I was running to
South America, and before that I was a fisherman.

Q. What business have you been engaged in aahore for the last four
yoar«? — A. Trading and fish business.

Q. Do you know of any importations of foreign fish froai Lritisli
ports? — A. Tlireo years ago we brought one trip from tiie British Prov-
inces.

Q. You deal almost entirely, I suppose, in American fish ?— A. Yos,

sir.
Q

Q

Bo you deal in all kinds? — A. I am out of the business now.

You did deal in cod ? — A. Yes, sir

And mackerel? — A. Yes, sir.
Q. Halibut? — A. No, sir; not halibut.
Q. llerring? — A. Some herring j very few.

nERBING.

Q. Is there much herringbusinessdono atthisport? — A. Considerable
in frozen herring in the winter.

Q. Where do they come from? — A. Some of them come from down
to Grand Manan, and some from Newfoundland.

Q. What use is made of them ? — A. They are used for bait partly,
mostly so liere. Some of them are peddled out for consumption in New
York and Boston. A good many are used in Boston for bait.

Q. Those that are used for bait aroused in cod-fishing? — A. Yes, coil
and halibut.

Q. How extensive is that winter frozen-herring business ? Or are
they frozen by artificial means ? — A. No, sir ; they are frozen by IVost.
I should say there are from 35 to 40 vessels go every year ; 1 don't know
but more.

Q. Where are these herring taken at Grand Manan— inside the tlirco-
mile limit? — A. Yes, sir; they buy them.

Q. These vessels that go for them go as trading vessels instead of^
fishing vessels, do they ?— A. Yes, sir; they go down as trading vessels
and buy the herring from tho natives.

Q. During the last winter have some of your vessels gone in that way ij
— A. Yes, sir.

Q. Did they experience any difliculty with tho authorities there about
coming as trading vessels ? — A. I think not, this last winter; I wasni
there myself, but I didn't hear of any.

THREE-MILE LIMIT.

Q. T only inquire for your general knowledge and observation. ^^l'«'l
you were engaged in the fishing business where did you ^''*'}'' J
When I was cod-fishing I fished on tho Georges and down on wbatwa

AMKUICAN FISHERY INTERESTS.

715

call Brown's Bank ; in mackerel lisliiiig I always lished in North Bay,
the St. Lawrence.

Q. Which side of Prince Edward's Island! — A. I always fished north
of the island, not at the straits at all.

Q. How many years did you fish down there? — A. I tliink I was
(loTO tbcrc 13 years.

Q, Wliat was the last year . as nearly as yon <;an remember "? — A . 1 8(>3.

i^. You lished substantially most of the time during the period of the
lexisteiiec of the reciprocity treaty of 1854? — A. Yes, sir.

Q. Where did you catch your fish — I mean tlio bulk of them — in re-
siiect of the three-mile linef — A. Wo caught a very small portion of
tbeiii iuside the three miles.

By iSenator Frye:
Q. You caught with a hock and lino then? — A. Yes, sir ; I never was
Iseiiiiiig; wo fished mostly around the Magdalens, around Bank Bradley
liud IJauk Orphan.
Q, Wliero did the other American fishermen, during the time that
1 were lishing there, catch the great bulk of their mackerel, as respects
;iiishorc lino? — A. I should think they caught nine-tenths of them
tsiile, oil' shore.

Q. AUhongh you were then all hook fishermen ? — A. Yes, sir. Wo

jisi'd to bo mostly altogether scattered in difterent places, in bunches.

Q. Of what substantial value, from your knowledge, experience, and

nervation, do you regard the right of American fishermen to fish

liitliiu three miles of the provincial shores ? — A. The w.ay they fish now

lor maciiercl I don't think it would be worth very much, because they

jure apt to lose more than they gain by tearing up their gearing. In

pet, they Can fish but very little with the seines they have. I never

p tbciu seine until this year, and I shouldn't sui)pose they could get

jbiit voij' few fish iuside the three miles.

Q, From your experience, as you have described it, it was not of any

kery essential value to yon during the time when you had the right to

Isli within the three miles? — A. No, sir; it was not.

•3 If
■"Hi

I

''■fN

BAIT.

Q. How innch better is fresh bait for codfish, say herrings that come
We frozen, than salted bait, With which to catch cod on the Banks? —
[. For hand-line fishing around the Georges, of (!Ourse salt bait ain't
Jaccount, hut on the Banks, to go trawling, salt bait, clams, ftr hand-
ines, are fully as good.
IQ. As herring? — A. Yes, sir.

IQ. Where would you get j'our clams? — A. Down East, at Tortland;
pt is where they do get them all.

IQ. You do not depend on British waters for clams ? — A. No, sir.
«y come up to Portland every spring arul get them by the thousand
""els and carry them down there for the Baidcers.

HEERING.

IQ- During the dozen years of the treaty of 1870-'71 that expired last
"JMow many herring for food, instea*! of for bait, were taken by
jeriran iishermcn in British waters?
|ilieWiTNKss. Do yon mean caught?

^4i<4

71 r,

AMERICAN FISHERY INTERESTS.

Senator Edmunds. Ciiu^ht when tlicy wont hcrriuK fishing;; idoM
mean wheniijcy went as traders and bought tbo product. — A. Isboiildni
suppose there was more than oue-tentli caught by American vessels.

By Senator Frye :

Q. Our vessels do not go herring fishing! — A. Very seldom. Tlie
buy them and pay the money for them.

By Senator Edmunds :
Q. So that the American fishermen have so far no interest iu tlieliei
ring fisheries within the three miles? — A. No, sir; not lor catciiing.

FIRST CASE OF THE DRUID.

iwi

-A. I tried to get a I«

By Senator Frye :

Q. You have been down there this summer ? — A. Yes, sir ;
down there between two and three weeks in North Bay.

Q. Did you go down with a vessel? — A. Yes, sir.

Q. What did you go down for? — A^ I went down to cany suppl
to vessels down then;, and to see if I could get a load of mackm'l
bring home.

Q. What experience did you have down there, if any?— A. My
perienco was I didn't get a load of mackerel to bring home; tlii
wouldn't let mo get them ; they wouldn't give mo any privileges at
only outside the three miles, the same as the fishermen had.

Q. You did not go down as a iisherman ? — A. No) sir ; 1 was iim
register.

Q. What did you try to do under register f
of mackerel to bring home.

Q. Where did you try ? — A. I tried down there, but the first liad
I went in they stopped mo and kept mo three days.

Q. On what pretense? — A. Because they said I had no business tlii
that is what the captain of the cutter said. I cleared for tlio Magi
lens ; I hadn't reached there.

Q. But you had a register? — A. Yes, sir.

Q. Were you not permitted to buy anythiug? — A. Yes, sir; I coi
buy anything, but 1 wasn't permitted to bring anything aboard llicvj
sel; they wouldn't allow mo to handle a barrel aboard tlie vci
wouldn't allow mo to handle the hatches, had an armed guard aboai
]' wasn't anchored two hours before they had an armed guard aboi

Q. Did you show them your papers? — A. Yes, sir.

Q. What did they have' to say about them?— A. Tlicy said I liad
business there, because 1 was in Malpeque, and I was going to flioM]
daiens.

By Senator Edmunds :

Q. What date was that?— A. That was August 18, ISSfi, I tliinkl
liave the date at home.

Q. .Do you know the name of the cutter that held you ?— A. Tlio 1
lette.

Q. Do you know the name of the captain?— A. I don't know]
name. [A bystander said that the name of the captain was Norwl

Q. Had you on your vessel at that time .any purse-seino?— A- mj

Q. Any stock for fishing; hand-lines, or anything of tliekin'!"
No, sir ; I had salt, barrels, and provisions.

Q. Any bait for cod-fishing? — A. No, sir.

AMERICAN FISHERY INTERESTS.

717

Q, You liful !>*> fisljing outfit of any l<iiult — A. No, nir ; not for uatcli-

Imr Hi.

0, You had a rcfjisterT— A. Yes, sir.
a Aud closued I'roni hero 1 — A. For the Mapfdalen Islands, Harbor

10 Dar.

Q. VVliilc you wore in tliero and these people wore having you under
mml, were any of our American fishing vessels coming in towards you
lomssovcr their cargo? — A. The first night I got into the harbor there
ras quite ii large ileet in there, but when the captain of the cutter camo
iboiiril and tliere was quite a number of skippers aboard he drove them

IWilV.

Q, Do jou moan to say that ho Avould not allow them to stay aboard
our vessel?— A. Yes, sir; ho drove them away.

Q. How di<l ho drive them away ? — A. He told them to get out of the

liii, toget out of the vessel, that they couldn't stay there; that is

luttlio polito way he told them.

Q. Ilavo you represented these circumstances to the State Depart-
fceut at Washington ? — A. No^ sir.

By Senator Frye :

Q. What was the name of your vessel? — A. The Druid.

By Senator Edmunds : ■•

I Q. Wliat was she ; a schooner ? — A. Yes, sir.

Q. A vessel like a tishing vessel ? — A. Yes, sir ; she goes to the Banks
ivery-year.
I Q. Was she your vessel ? — A. Yes, sir.

Q. You were her owner ? — A. Yes, sir.

I Q, How long were you in that place under snrveillauce? — A. 1 lay
|ieri! two nights and a day. lie wouldn't let mo go until ho tele-

aplid to Ottawa ; ho had to go back on the islanti to telegraph to

OTtaiu whether he should seize me for being down there witli supplies
fcrAiiierican tisliermen, and, as far as I could find out, the answer came
pok to let 1110 go, but to see that I did not receive any thing inside of

I throc-niilo limit. So the next morning when ho went out I had to

y] lie wouldn't allow me to stay in the harbor any time ; I had to go

Ihen the rest of the vessels went.

|Q, lie would not allow you to remain? — A. No, sir.

jQ. And you were a merchant shij) ? — A. lie wouldn't allow me to re-

laiii, and I had to go.

|Q. What did you do after you got out? — A. I used to go out and

1 around amongst the lishermen, and when they wanted anything 1
lonld let them have it outside tho threomilo limit, if I had it.
]Q. Did you finally take on a cargo? — A. Wo got 200 barrels from one

laii to hiinff home; that is all we got. If 1 hadn't been interfered with

le first night 1 got in 1 think I might have got tho biggest part of the

Vl; but of course when tho fleet went out they scattered, and most

Kvbody was under the impression, from seeing the armed guard

™, that I was seized, and so the most of them came off home with

leir lish, not knowing what had become of me.

IQ. IJad yon goiio into that bay with any previous uuderstauding with

lynl'thesovet^'-nlsT— A. No, sir.

IQ' Uad they, to your knowledge, been notified that you would bo

?rcon that occasion or about that time?
! Witness. Who? Tife cutters?

[Senator Edmunds. The fishermen.

;!'•'

, -yil

-^m

718

AMKUICAN FlSIIKliV INTEUE.S'4'S.

A. SouiD of tboiu might lisivo heard of it. Thtsro wjis one \imv\ km
hero that I tohl I was {Xoinj; down. Tlio most important object I lnui
in {joiiiff dow

that I thouij

fix that cruiso Avas to Kui)ply the vessel I had tliero inyself
lit I could relieve and save her from cominj' back liomiv

that was partly my object in fjoinf;.

Q. Did you find her? — A. Yes, but she didn't have any llsli ; sbeliad I
had hard luck.

NATIONALITY OF FISHERMEN.

By Senator Feye:

Q. Are you the owner of fishing vessels? — A. Of that oiieamliiartJ
owner of another vessel that is in the bay seining.

Q. Do you lit them out for fishing every season?— A. I scud llien],l|
don't fit them.

Q. Do you know about the markets for fish ? — A. Well, no, sir; li
don't know much about them.

Q. What is the nationality of the crews of your vessels ? — A. 1 sliuuld
think about three-fourths of them are Americans.

Q. What proportion of them are natifralized citizens of the Uuittd
States?— A. I don't know.

Q. That is, you think three-fourths aj"') native Americans?— A. Na
tives and naturalized.

CANADIAN rilI"V«LEGES.

Q. From your experience down there is there any equivalent in th(|
way of ])rivilege that Canada can give us in return for a fieoniarkcq
for her fish ? — A. No, sir.

Q. What is there that our fishermen need down there that they bav^
not? — A. Nothing except the privilege of buying provisions.

Q. Provisions alone ? — A. Yes, sir.

BAIT.

Q. They can get along without buying bait, can they?— A. Yej<,sirj
Q. So that you do not regard it as a necessity to go within tti^

three-milo limit to buy bait f — A. No, sir; I do not. 1 think wheieii

benefits one it damages two by buying it.

INCREASE OF FRESH FISH.

Q. Has the fresh-fish market increased immensely the last ten yoar8|
— A. Yes, I think it has.

Q. By reason of easy transportation in refrigerator cars, &c.!-4
Yes, sir.

Q. Has that decreased the salt-fish market ? — A. I think it has.

Q. Is that fresh-fish market increasing all the time ? — A. Yes, 1 tiiii^
it is.

Q. Fresh fish, whether frozen or not, are admitted free of dutyno^
under the construction of the old law ? — A. Yes, sir.

Q. So that Canada has a free market to that extent?— A. Yes, sir.j

Q. What proportion of our fresh fish are brought in here by CanadI
do you think?— A. I don't know as I can tell. They are incrcasii-iJ^
fast that I don't know that I could come anywhere near it.

WHOLESALE AND RETAIL PRICES.

Q. Do you think that the duty imposed upon fish has any effect ap
the market to the consumer ?— A. No, sir ; I don't think it has.

GLOUCESTE]

AMERICAN FISHERY INTERESTS.

711)

Q. Whiit, iu your judginont, is the proportion of tlio rotiii4 prico to
the price that tlio flsborraon got T — A. I slioukl think two'liftbs to three-

Q. Aud the fisherman's prico is paid by tbe wbolesalor ? — A. Yes, sir.

COMPENSATION OP FISnEBMEN.

Q. Do most of the fisbermen from Gloucester sail on sbares now T—
A. i tbink tlicy do.
Q. Tlicir share being one-balf f — A. Yes, sir. ,

Q. The owners furnishing tbe outfit and tbe vessel ? — A. Yes, sir.

INSURANCE.

Q. What is tbe insurance on tbese flsbing vessels f — A. It depends a
jood (leal on the losses of vessels. Wo insure in mutual companies.
I Mr. Steel, tlio president of our company, can tell you about that.

Q. You ordinarily insure in a mutual t — A. Yes, sir.

Q. That is, one located bere T — A. Yes, sir.

LIFE OF A FISHING VESSEL.

Q. What is the ordinary life of a flsbing vessel ? — A. Tbey will last,
[if they never go ashore, or get hurt, so they will be good for 30 years,
|jD(lsomo for 25 years, according to bow tbey are equipped.

Q, Tliey are built very strong, are they not? — A. Yes, sir. It do-
Ipeuds on the material they are built of.

GLOUCESTER'S ANNUAL LOSS OF FISHERMEN AND VESSELS.

Q, What is your average loss of fishermen in this one town per year?
IWhatis your idea about it? — A. I should tbink it would average nome-
Ifliero about 10 to 12 sail.

Q. I mean the men. — A. I should tbink somewhere about 100 or 150
II year
1 Q. It is regarded, is it not, as a very hazardous business? — A. Yes,

Q. More so than any other business that a sailor goes into? — A. I

n't know as it is, according to tbe number of men that go.

Q, Uow many men go out of this port? — A. 1 suppose 7,000 or 8,000.

Q. What proportion of those men should you say were residents
iere!— A. I should say one-balf.

Q. What l«nd of fisbermen are tbey ? — A. Tbey are first-rate men,
lost of them.

Q. Do ihoy become skillful sailors? — A. Ob, yes.

'TnaiywHB*

^5

SECOND CASE OF THE DRUID.

I Q. Did you have any difficulty, after tbe difiiculty you luive described

|itli your vessel, before you got home ?
The Witness. On this last trip ?

1 Senator Frye. Yes.

A. Only the very night I went in they put an armed guard aboard
M wouldn't allow any boats alongside. I could go anywhere I wanted
f Mier the first thirty-six hoars, but nobody could come aboard after
vk.

720

AMliUICAN I'lSlIEUY 1NTKUEST8.

Q. And the ^uard was jmt on your vessel every nijjlitf — A. Yi'« Nir.

Q. How many nights were you in after tliatt — A. 1 think 1 Wiia in' live
or six niphts. The last two nij;hts I was there lie didn't put aiivmiiinl
aboard ; ho didn't put any gininl aboard until alter dark, and the uext
night (»Sunday night), ho didn't put any aboard.

By Senator Edmunds :
Q. Did you go into the same anehorago every time! — A. Ych, sir.
Q. What was your object in going in f — A. The weather wa8lKKl,i!o
X couldn't lie out ; and the flshcrineu all went in.
Q. You went in for safe harbor 1 — A. Yes, sir.

By Senator Frye :
Q. Did you have a young man with you as a passenger who went
down with you? — A. No, sir; 1 took a young nmn from a vessel down
there that went in one of Itowo & Jordan's vessels; I took him to bring
him home. When I got into Canso 1 reported; ho was in a hurry to i
get home to go to college, but they would not allow mo to laud him; i
they allowed it at first, but fetchetl him back, and I finally had to take j
him aboard and bring him home.

By Senatoi Edmunds :

Q. What was the ground of that? — A. They said I had no right to j
land him there; I had taken him aboard outside tho three miles, too.

Q. Do you mean when ho camo back? — A. No, sir; when he first I
camo aboard, I mean.

By Senator Fbyk :

Q. So that ho had to let his college wait and como homo withyoiit-j
A. Yes, sir.

By Senator Edmunds :

Q. What customhouse was that ? — A. Port Ilawkcsbury.

Q. That was about the kitter x)art of August, I suppose?— A. Yes,!
sir. Wo sailed from hero the 10th of August, and that was along iilwatj
tho Ist of September I guess, or somewhero in that vicinity.

* ' ■ TESTIMONY OF CAPT. JEREMIAH HOPKINS.

Gloucesteb, Mass., Octo&cr 4, 1886.

Capt. JEKEMIAU HOPKINS sworn and examined.

By Senator Edmunds :

Qiu^stion. What is your ago? — Answer. Forty-five.

Q. Where do you reside? — A. Gloucester.

Q. What is your occupation? — A, Fisherman.

Q. Master of a vessel? — A. Sometimes I am ; yes, sir. At present!
am a fisherman.

Q. How long have you been a fisherman, cither as captain or m i
difleront grade? — A. Thirty years.

Q. Where have your fishing operations been carried on ?— A. In Cap
Cod and hero in Gloucester.

Q. Do you fish for cod, or mackerel, or both? — A. Both.

Q. That is, sometimes you go on a voyage for mackerel and som^
times for cod? — A. Yes, sir.

AMElilCAN l-'ISHEKY INTEItESTB.

721

Q. No vessel flnlie.s for botli at tlio saino tiruo, I supposoT — A. No,
gir; 110 more than to cutcih a low lor eating purposes.
Q. I moan as a business? — A. No, sir.

INSUOUE FISUING.

Q. How many years, if any, liavo you fished in the waters of the Gulf
of St. Luwronco and what wo ordinarily call British waters, although
outside of the three miles? — A. About ten years out of the thirty.

Q. What ten years were those?— A. From 1857 to 18G7.

Q. Wiiiit were you fishing for at that time? -A. Mackerel.

Q. Wbcro did you fish? — A. Wo fished off Magdalen and Triuco Ed-
ward's Islands and in the Bay of Chalour.

Dy Senator Frye :
Q. With hook and line? — A. Yes, sir.

By Senator Edmunds :

Q. WLere did you take the bulk of your fish in respect of tho three

miles from shore, inside or out? — A. Oil' Princo Edward's Island, mostly.

Q. How far olf from land mostly ? — A. Mostly from 3 to 10 or 15 miles.

Q. How was it in respect of other fishermen who were engaged .about

thereat tho same time? Where did they get tho bulk of their fish —

inside tho three-milo shoro lino, or outside? — A. I should say outside

tiictlirccmilo limit.

SUPrLLES.

Q. Dill you find IL necessary to go to Canadian ports very often for
supplies or other tl.ingh hi tho ten years you wcro down there? — A. At
tliattiino we did; at that time wo used to fit out with barrels and salt
down there.

Q. Do you know where the salt camo from, whether it was American
salt that bad gone in under tho reciprocity treaty? — A. I don't know.

EXTENT OF MACKEREL FISHERIES.

Q. How did tho catch of those ton years in those waters compare with
tliolast ten years? — A. Tho catches during thopo years were a good
(leal more than they have been during tho last ten years.

Q. How many vessels do you think per year during those ten years
wuo engaged in fishing up there? — A. I suppose thoro wcro 300 or 400
at that time.

Q. Ill round numbers how many are engaged iu fishing down there
j now !— A. I shouldn't think there were over 100 or 150 ; I haven't been
in tbo Bay fishing at all for tho last ten years.

Q. Theu you only know from what you see, vessels going out of this
j l)ort!-A. Yes, sir.

- .- ~ INSHORE C'ODFISHING.

Q. Where have you carried on fishing chiefly during tho last 10
j years!— A. I have been cod-fishing on the Nova Scotia coast, around
[ Shciourne, for tho last five or six years.

Q. How far from land did you take your codfish? — A. From 15 to 20

[ miles.

Q. Have you ever fished for codfish inside tho three-mile limit ? — A.

\ sir.

S. Ex. 113 40

i

722

AMKKICAN I'lSHEUY INTKUESTS.

BAIT.

il. Wliiit Hort of bait hiivo you used? — A. TIk'80 luHt tliioo years wc
have b(>eu u.siu^ Hquid.

Q. Wliero di«l you j;ot tho 8quld? — A. At Provincetowii, (JapoCod
and ciiuglit tliom ou tho j^Tounil sifter Augunt.

Q. Uijjfht in tlio very place where you u.sc<l it for bait?— A. Yc8, sir,

Q. I should not .supposo tho codfish would need 'to bite yoiu- liooksif
tho Hijuid wore so plentiful as that. What depth do you fish tlioro!-
A. All the way from 55 to (»0 fathoms.

FIKST CASE OP THE ABBIE A. SNOW.

Q. Did you have occasion to f*o ashore durinjj those limes you Unw
boon lishiu}^ down there ? — A. Yes, sir ; lint last two or three years they
have had to ^o into Shelburne ; I was in there three weeks a^'o.

Q. What for? — A. Stress of weather, to take water, and such thing!)
as that, and to rei)air damages.

Q. Have you been juolested in any way f — A. 1 have.

Q. Tell ns all about that, and when it was. — A. I couldn't tell tlii!
date and the month the lirst time I was in there, but it was tliis ycivr.

Q. By the way, give tho name of your vessel. — A. The schooner Ah
bio A. Snow.

Q. Goon and state what happened. — A. The captain was tiikoiisick;
we went into Shelburne ; thccutter wasn't there; the col lector of tho port
told us we would have to enter the vessel; wo entered her and lio };avc
us i)ermission to land the captain ; then I took her myself, tho capt»iiii
being sick. Wo went out on tho grounds and stopped ten days, and
when wo came back this cutter was there. Wo were coming ulongsiile
tho wharf, as we had done before when we put the captain ashore, hut
we hadn't anchored when this cutter boarded us and told mo to anchor.
Very well, wo anchored. "Are you master?" ho says, and "How many
on board?" 1 told him I was in tho room of tho master, at present, lie
asked what the vessel's name was; I told him. Says ho, "How many
men have you got?" I told him ten. " Uow many dories? " I toldliim
four, lie asked mo what I came in for; I told him to fill water and for |
tho captain. Ho says, "Why didn't you tell mo this before, that yoii
came in to get tho captain?" Says he, "1 want no insoloucc from you j
whatever." Said I, "I have given you no insolence." Said I, "Youj
asked mo tho question how many boats and how many men, and I can't j
see Jis 1 havo given yon any insolence." "Well," ho says, "you treat
mo iw a gentleman, and I'll treat you as a gentleman." Says I, "I havo \
treated you as a gentleman." Ho says, "I want no insolence from yon;
you remain ou board, and I will go ashore and get the captain, and thou j
you will enter your vessel, and fill your water, and i)roceed to soa." lie j
says, "Your crew will remain ou board until the vessel is entered." By
that Captain Gill ho came down, and I carried tho papers to him, and j
ho entered her and we filled our water aud camo out. The next trip) j

went down, which was about three weeks ago

Q. By tho way, do you know tho name of the cutter and the captain J- j
A. Yes, sir; his name was Quigley.

Q. What was the name of the cutter? — A. Tho Terror.

SECOND CASE OF THE ABBIE A. SNOW.

The next voyage wo went down before wo were on the fishing ground j
at all; tho weather was bad, and wo put into port for shelter.

AMKUICAN FISIIKRY 1NTEKE8TH.

723

Lit

Q. What i)ortt — A. Slu^lburiio ; iiiid ho wsus there. This is the hoc-
ondtiinu Miiit he has boiinlod us. Wo went iiruuiid his Hterii, and hu
onlereil iih to hid' up in tho wind until lie boarded U8, und Iio ciimo
aboard iiiul told uh wo would liavo to aiujlior. We went and anchored,
,111(1 lio livy down to a place called iSand I'oint, three or foiH* miles from
the town where the collector's oflico is, aiul ho ordered us down along-
side i)f liim sit Sand Point, and ho gave me permission to fill some wu-
ter. Wo came in in tho morning early ; hadn't been there twenty-four
hours then. When 12 o'clock came and we were down below at dinner,
hisboivtciinie alongside and told us to All our water. We went on shore
and fillo<l water and (uinie back, and because we didn't get under way
right off ho told us ho wanted us to get out. I told him 1 wasn't in no
hurry about going out. Jlo says, " I am going out, j'ud I want you to
fp out." " Well," said I, *' wo have the i)rivilege of staying hero
tffciityfoiu" hours, don't we ? " Ho says, "You have tho privilege of
suyiiis liere for nothing; now, you have filled your water you nuist go
to sea." " Well," says I, " 1 have entered the vessel, and 1 don'i; know
whiit more he wants.' Said I, " I ain't in no hurry about going out ; I
don't want to go out antil about dark."

Q. That was tho same day you had come in? — A. Yes, sir; we camo
iu about 9 o'clock and entered the vessel about 10 in the forenoon. JUt
lust lie annoyed us so vnuch that we got under way and went out, and
he chased on behind us, and when we got within a quarter of a mile of
the lighthouse we hauled down the jib, hove to, and when wo did that
ho (lid 80, too, and began to n)an his boat. I didn't want to lay my
vessel liable to any seizure or anything, and so I got a little scared and
kept her oil', and calculated where tho three miles was, and hove to
there, and then if he took us he might. But after he found wo were
down off Khore he let us alone.

THIRD CASE OP THE ABBIE A. SNOW.

Two nights after wo were driven in again by the weather, and this
time is where the trouble came.

Q. Did you lose your anchor? — A. No, sir; we just kedged over the
j hottom and wont away from our trawls ; it was blowing heavy. This
time he caujc on board himself personally with men with cutlasses and
; revolvers, and left ii guard on board, and then with cutlasses and re-
volvers took me in tho stern of his boat and carried mo ashore, r iitered
I the vessel, and gave me strict orders to allow no man to go on shore.
When wo got up to tho collector's office he says to tho collector, "This
man is making this harbor a place to frequent," and he says, " if he
I comes in here any more I shall put him to a good deal of trouble." He
j told that to the collector of the port.

I Q. That is what the captain of the cutter said to the collector? — A.
Yes; "if he comes in here any more I shall put him to a great deal of
i trouble." So the next morning we got under way. The two times bo-
; tore this that he camo on board ho had no flag to represent any coun-
j try or any thing else, neither on his vessel nor in tho stern of his boat,
1 10 flag whatever ; I didn't know whether ho was a naval officer or a
t Mr conductor.

Q. When he brought you back this last time what did you do? — A.
I »c remained there until tho next morning, and then got underway
I wd left him. »i

Q- Was that tho last of it?— A. That is the last I saw of him: that
I *as a fortnight ago.

724

AMEKICAN FiailKUY INTEliEiJTS,

BAIT.

Q. Is it necessary now, in contliujtinjjj tlie cotlfisb business, to go into
any oftbeso places lor bait? — A. No, sir; it is not.

Q. Is it really necessary to go i» lor any purpose oxcej)t to fiud sbelter
or to repair damages sullered? — A. That is all I know of.

OUTFIT, CAPACITY, ETC., OF THE ABBIE A. SNOW.

Q. IIow do you get fresh water down there at Sand Point, Slielburue
Harbor, for instance? — A. Wo carry our barrels ashore and get permis-
sion to fill them at the wells of private individuals.

Q. How many men do you carry on your vessel? — A. Ten, all told,
including the captain.

Q. What is her tonnage? — A. Thirty -four tons.

Q. A small vessel? — A. Yes, sir.

CODFISH.

Q. How many pounds of codfish can you bring from the Bankst-
A. She will bring about 50,000 pounds, but wo haven't had that many
this year ; about 40,000 is the highest this year.

Q. IIow do you cure them on board? — A. Wo dress them, split tiieni,
and put them into tijo liold, and salt them in barrels.

METHOD OF CURING CODFISH. '.

Q. Do you kcncli them? — A. Yes, sir.

ii,. How do fish cured that way compare with those cured ou shore, iu
point of quality? — A. I think they are fully as good, that is, if they have j
been salted properly.

Q. Do you put on all the salt they will take when you kench them j
that way? — A. Wo have a kind of system of so iimny bushels of salt j
to what we call a tub of fisii. ;-

Q. Does it make a pickle? — A. It makes a pickle itself.

Q. So that when you get homo they are in brine, I suppose ?— A. Yes, j
sir; they are in brine.

Q. Wliat is done with them when you get here ? Are they treated auy j
further?— A. They are salted in what is called butts — molasses lioj,*
heads.

Q. I suppose that brinedrains out and dries the fish? — A. No,8ir; thej
brine is in there and keei)s,all the time.

Q. How long aro they kept in that condition?— A. All the way fromj
a month to two months; some keep them longer, and some sliorter,|
according to the weather.

Q. What is the next step? —A. Then tbey are washed out and
about two feet high on what they call water-horses ; from the watcr^
horses they go to the flakes and aro dried. j

Q. You think that a fish treated that way is just as good, if I uuderj
stand you, as one that, if you had the privilege, you would carry or
shore and put on a flake at Sand Point?— A. Yes, sir; they commaij
a higher price in our markets than the dried fish — the way they arr
dried.

Q. So that, as I understand it, for your business it would beuoobje
to have the right up there at any of those places to go ashore for tn^
purpose of curing your fish ? — A. Not one particle, sir.

AMERICAN FISHERY INTERESTS,

TDKEE-MILE LIMIT.

72r)

Q. llow liir off shore up in those waters have you doue your lishiug
ihisyear? — A. All the way from ten to flfteeu miles, sometimes twenty.

Q. Wore there Canadian vessels up there fishing when yon were
(luircf—A. No, sir; there were some small boats inshore from us, all
the way from three to eight miles off the land, but we didn't fish there.

Q. Tlieso small boats np there get the largo i)art of their cod more
tliau three miles out, do they not? — A. I think they catch them outside
the three-mile limit. It mjiy be that sometimes in the fall of the year
fish will go further in.

FREE PISH.

Q. If I understand you, then, there is nothing of advantage to Ameri-
can flsbcrmen to bo had from the Canadian Provinces that would bo an
equivalent for allowing Canada to have the right to bring 'tor li^h into
our markets free ? — A . No, sir.

Q. You really do not seem to need anything from them, ^ \i ;',)r ^shelter
instress of weather or in case of damage? — A. That is .all, tno i)riv-
ilegc of going ashore or making harbor; and then when a vessel is en-
tered in port the crew ought to have permission to go wherever they
please if they are in health. All other countries do that, and I don't
know why the Dominion of Canada can't. I don't see why she has any
more right to prohibit crews of vessels from visiting the shore than any
ot'.ior country.

THE ABBIE A. SNOW'S PAPERS.

Q. Your vessel, 1 suppose, had only the onHiiary fisliing papers?
-A. That is all; the enrollment and license.

Q. Did you show the visiting ofQcer your papers, or did he demand
them?— A. He didn't demand them ; I carried them to the custom-house,
ami the collector looked at the license, but nothing more.

By Senator Prye: ;

Q. Did you also have a i)ermit to trade? — A. Yes, sir. '

TESTIMONY OF CAPT. JOHN CHISHOLM.

Gloucester, Mass., October 4, 1880.

Capt. JOHN CHISHOLM sworn and oxaminetl.

By Senator Edmunds : »f • -. -" ■ ^ • w

QuCvStiou. What is your age? — Answer. Forty-four.

Q. Where do you live? — A. I live in Gloucester.

Q. Arc you a native of the United States? — A. I was born on Capo
Breton Island.

Q. Are you naturalized? — A. Yes, sir.

Q- How long have you been naturalized? — A. Sixteen years.

Q. What is your occupation ? — A. Fishing.

Q. How long have you been engaged in that occupation? — A. Tweuty-
I'wyears in this country.

Q. Llavc you lived hero all tliat time?-T-A. I have lived hero the last
sistceii years, and off and on before.

p

. ,<i

1

II

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1«l!i

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726

AMERICAN FISHERY INTERESTS.

Q. What kind of fishing have you been engaged in? — A. Mackerel
fishing.

Q. You have not fished for cod ? — A. Not much since I Lave been
master.

Q. How long have you been master? — A. Sixteen years.

THREE-MILE LIMIT.

Q. Where have you fished for mackjrel? — A. On the American coast.

Q. Have you fished in the waters of the Gulf of St Lawrence?— A I
did in 1879.

Q. You only fished up there one year ? — A. I fished there in 18(9
and also a little in 1882 and 1883. '

Q. "Where did you fish on those three occasions ? — A. I fished from
the mouth of the Bay of Ohaleur, Point Miscou, down to Prince Ed-
ward Island.

Q. How far off shore did you conduct your operations? — A. We got i
all our first fare off shore.

Q. How far off shore ? — A. From five to fifteen miles. • • ^

DIPFBBENT FISHING GROUNDS, v:

Q. How large was your vessel ? — A. Eighty-two tons.

Q. Did you fish with a purse-seine? — A. Yes, sir.

Q. Other years when you fished up there where did you catcii your ]
fish? — A. Wo fished there a short time, and caught 130 barrels, most all ;
inshore.

Q. Which year was that? — A. That was in 1882.

Q. Did you go home with only 130 barrels?— A. Yes, sir.

Q. What would be a full faro? — A. Four hundred barrels.

Q. Then the third season where ditl you fish ? — A. From Prince Ed
ward's Island to the Strait of Canso, but didn't get any, and caiuej
home without any.

Q. About how much did you get for the 130 barrels that you cap-
tured inshore that year?-i-A. About $10 per barrel.

Q. How much profit did you make? — A. I can't tell exactly, for we i
made up the balance of the trip on the American coast coming home,

Q. When you got back to our coast you struck the fish again?— A, j
Yes, sir.

Q. If you had only got this 130 barrels what kind of a fare woiild]
you have made? — A. I would have made a loss.

{i , - THREE-MILE LIMIT.

Q. From your knowledge of the fishing up there, captain, where dol
you say the great bulk of the mackerel that are caught by \ -^sel withj
l)urse seines are caught, whether inside, or outside the three lo liuetl
— A. The great bulk is caught outside the three-mile limit; I ^tlien
in 1S85, and I was there this year.

Q. Where did you fish in 1885?— A. I fished in the bend of the
on what they call the west shore.

Q. When you fished there in 1885 was it before tlio first of JnIy,o^
afterwards ? — A. From the first of July until October. J

Q. You fishfd outside of the three miles then, I su])posc?— A. ^\<|
got pretty near a third of our fish inside — what we call inside; I <lo"j
know as it was inside.

Q. Did anybody molest you? Were there any Canadian crnisen
about there at that time ? — A. Not in 1885.

AMERICAN FISHER I' INTERESTS.

727

Q. Were there many other American vessels up there at that timet
-A Twenty-one sail, I believe, at one time in 1865; some going and
some coming.

Q. Where did they catch the most of their fish ? — A. Some got most
ontsule; some caught a few inside, I suppose.

Q. Do you think the right to iish inside the three miles is of any
great value to the American fishermen ? — A. I don't thiidc it is any at
all.

SEINE-FISniNG.

Q. Tbey all fish now with seines — without bait and without hook and
lino t— A. Without hook and line.

Q. I suppose it is much safer, saying nothing of the amount of fish
to be caught, to fish oil" in deep water with those expensive seines, is it
not?— A. Yes, sir.

NATIONALITY OF FISHERMEN.

Q. What is the nationality of the majority of the people on your ves-
sel, these ten men you have ? — A. Four are from the Provinces ; the
rest are from the State of Maine and Gloucester.

Q. Did you pick up those four provincial men in the Provinces ? — A.
No, sir; I shipped them here ; I sent them money in the spring to pay
their passage here so as to ship with me.

Q. Are they people you knew ? — A. Yes, sir ; I knew them before.

Q. Did you send for them in the spring beqauso you understood that
you would not bo allowed to take them on board up there, or because
it was more convenient for your purposes to shiii them here f — A. We
would rather ship them here, and so I sent them money to bring them
here. We are never short of men hero ; wo can ship men here at any
nine.

, .. OFF-SHORE FISHING.

I Q, Where have you fished this year il — A. I fished from 5 to 15 and
20 miles ott' land.

Q. What land ? — A. Prince Edward's Island and Nova Scotia.

Q. Was it codfish you caught this year? — A. No, sir; mackerel.

Q. Have you seen any Canadian vessels fishing this year? — A. Yes,
sir.

Q. Where did they chiefly fish — close inshore, ov far out, lake tho
rest?— A. They had the privilege of fishing inshore, but most of them
i fished with the Americans.

By Senator Fr YE : -

(J. llow many trips did you make this season? — A. Two trijis.

Q. Up there into those waters ? — A. Yes, sir.

Q. Aud all of your fish were taken without the three-mile shore lino? —
[A. Yes, sir.

Q. What was the result of the two trips? How nmny mackerel did
Ijou take?— A. I took 482 barrels tho first trip, and 470 this l;is;, trip.

Q. Aud, as I understand you, tho two times that you did fish within
the three mile shore line, tho first trip you got 130 barrels, an'.l tlie sec-
jODd you got none ^A. That is right.

BAIT.

Q. Is there any occasion for a cod-fisherman to g«> into the i)ort8 ol
^iwadiv, except in bad weather, for wood or water or torepnirt — A.

Ifln, sir.

!

M

728

AMERICAN FISHERY INTERESTa.

Q. Can you got bait euoiigU without going tliero? — A. Most alwaysj
they catch their squid ou the Banks. '■

Q. IIow wouUl clams do if you can get them? — A. The haudl
lishormen always use clams.

By Senator Edmunds :

Q. And the trawl fishermen use salt bait, do theyf — A. TLoy i
fresh bait.

Q. What Ivind of fishermen use salted bait? — A. God-lisbcrmen iisoi
salted bait.

Q. They use clams ? — A. Yes, sir.

»

FREE FISH.

By Senator Frye :

Q. During this year did you have any trouble up there? — A. No, sir. I

Q. As a fisherman you do not know of anything that wo need ofl

Canada that you would bo willing to give her in return for the privilegoj

of sending her fish into our market free? — A. No, sir; I don't know of

anything that wo want of them.

COMPENSATION OF FISHERIMEN.

Q. What are the .average wages tliat fishermen have made every yea:
in the fishery business, year after year, say for the last ten years!
do not mean masters of vessels, but the men themselves. — A. I shouldn'tj
think it would be far from $40 a month.

Q. The year through, or only during the fishing season?— A. Tlii^
fishing season.

Q. Which is seven or eight months? — A. Seven months and a half fo^
mackerel fishing.

Q. Do most of these from Gloucester sail on shares?— A. ThcyaU
sail on shares. , / , :•• iV';;:v^:? .„■:. ,, ^ _ u-^.- ■: ■ r'"

CANADIAN METHODS CONTRASTED WITH AMERICAN.

Q. How does tho cost of the outfit of an American fishing vessel comJ
pai'e with the cost of tho outfit of a Canadian fishing vessel?— A. W«[
feed our men better, autl wo pay them in cash as soon as the fish an
weighed ofl"; but down there the vessel-owners have stores and tlie^
pay their men out of the stores the year round.

Q. And have a big profit on tho goods? — A. They have two profitSj
tho cash price and the retail price.

Q. Does tho Canadian fisherman have to wait for his money until tlij
cargo is sold? — A. They have to wait; they settle only once a year.

Q. And the American fisherman is paid as soon as his trip is eude(l|
— A. Every trip ho is paid in cash.

CANADIAN WAGES.

Q. About curing tho fish; do not Canadian people employ very muM
cheaper labor to euro their fish than Americans? — A. Yes, sir; it r
cheaper.

Q. Do they employ women and children? — A. Yes, sir.

Q. At how much per hour? — A. They probably pay a woman ashij
ling a day.

Q. What do you pay her?— A. Wo pay a woman 25 to 30 cents i
hour on the wharf here.

AMERICAN FISHERY INTERESTS.

720

CANADIAN VESSELS.

Q. Do the Cauadiau vessels cost less than yours? — A. They can be
bnilt there at from $18 to $20 a ton ; we liavo got to pay $45 a ton.

Q. And yours will cost about $100 a ton to tit for sea? — A. Yes, sir.

Q. Aiul theirs will cost about $00 a ton to fit for sea? — A. Yes, sir;
aiid they receive a bounty.

BOUNTY.

Q How much bounty do the Canadian fishermen receive? — A. I can't
say; I think it is $1.80 a ton.

Q, The boatmen receive a bounty, too, do they not? — A. Yes, sir; as
soon as they can prove that they have landed 1,200 pounds of fish.

PRIVILEGE OP LANDING IN CANADA.

Q. As a matter of fact, has there been any necessity whatever during
Ithelast IR years for our fishermen to use the Oanadisin shores for dry-

Dji purposes? — X. No, sir.

Q. So that that is a privilege which now is of no use? — A. No use.
iTliefish have got to bo salted before they are cured, and they are salted
I aboard the vessels.

WHOLESALE AND RETAIL PRICES.

Q. You sell your fish here to the wholesaler? — A. Yes, sir.
Q. During the last 15 years has the business been profitable? — A. No,
jsir; the business has not been profitable.
^^ Q. Take the whole 15 years together, have your vessels netted 10 per
Thcvall^B*'^^' ^^^^ ^^' l^PP'^ cent. over and above insurance, deterioration, and
^^everything?— A. No; I don't think they have.

RELATIVE COST OP UNITED STATES AND CANADIAN VESSELS.

By Senator Saulsbury : . ■ .vii'/

Q. You wtre speaking of the cost of construction of vessels in Canada
^Dd liere. I think I understood you to say that the cost of a Canadian
psel was $25 to $30 per ton; that is for the hull, I suppose? — A. For
p bull and spars.

Q. What do you say it would cost here? — A. Forty to forty-five dol-
lars a tou.

Q. What is the reason for this difterenco in the cost of construction?
sitliecause our vessels are better built, or because the materials en-
tering into the construction of them are subjected to duty in this coun-
ty!—A. Labor is higher here, and we have got to pay for protection
fill Ww manila and everything.

Q. Is it, or not, true that the American fishing vessels are better fin-
^bed and have more work expended upon them ? — A. It may be so, and
iey may last longer, but for their purposes the British vessel is just as

od.

Q. Then another item is the difference in cost of labor in curing the
Isli?— A. Yes, sir.

Q. You say they employ women and children ? — A. Yes, sir.
i Q. If the same class of labor in caring fish was employed hero, what
Nd the difference bo principally 1 AVould the difference in cost be
^ groat as it is?— A. 1 don't know.

until tli|
a year,
is eiideill

vcrymucj
sir; itt

730

AMERICAN FISnERY TNTIJRESTS.

FISn CAUGHT IN AMEUIOAN AND CANADIAN WATKRS.

Q. What proportion of tlio lish that are brought into thisinarketdo
you estimate are caught iu British waters ? — A. 1 couldn't answortliat
very well. The largo part of the mackerel this year have becu caii4t
in British waters ; that is, beyond American waters. There arc mm\.
fish hardly caught in the 13ritish waters this year.

Q. Do you know anything about the proportion of salt and froslifisli
that come into these markets? — ^A. No, sir; 1 do not.

TESTIMONY OF CAPT. SYLVANUS SMITH.

Gloucester, Mass., (>6'<o/w 4, I88fi.
Capt. SYLVANUS SMITH sworn and examined.

By Senator Edmunds :

Question. What is your age?— Answer. Fifty-eight.
■ Q. Where do you reside? — A. In Gloucester.

Q. You have lived hero a long time? — A. I am a native of tlie Cape,;
and I have lived here in this town thirty years.

Q. What is your occupation? — A. I am carrying on the lisliiii},' biisij
ness at present.

Q. Do you mean as master of a vessel ? — A. No, sir ; as owner »iiil|
litter. I was master of a vessel seventeen years, iishing in the. (liilf nf
St. Lawrence.

Q. Do yon buy and sell fish? — A. Yes, sir.

Q. And iit out vessels? — A. I own a fleet of vessels, and buy to somij
extent outside of the fish that my own vessels catch.

Q. How many vessels have you? — A. I have 13 at present.

Q. IJave you over been a fisherman yourself? — A. I went until Iwoj
35 years of age ; I began when I was 10 years old; 1 was master for 1'
years. ^

Q. And you quit fi.shing what year? — A. In 1SG4. ,.

•,,,i ; t. TREATY OP 1854. . ;

Q. Then you had experience in fishing both before the rccipnxit^
treaty of 1854 and during its existence? — A. I was fishinfjintlielisl
of St. Tjawrence in 1849, and all the time after that until I8G1.

Q. What was the effect of the treaty of 1854 on the Americiin fisliii
interest? — A. Well, I don't know as there was any ])articularelfret(
it at all. There was some little point about the privilege wo had in th
fall of the year, in windy weather, of going into harbor, if wo gotiuled
offish, to cure them. Before the treaty they didn't allow us to do sa
I never caught many lish inshore; very few were caught wliere Ilislier
I Q. Were you fishing for cod in those days? — A. I was cod-lisiiiiiRf
our shore the fore part of tije year ; after J uly wo cliangc-d our biisiiiel
and went to mackerel fishing; that was the general custom nt tli^
time.

Q. But .so far as the right to catch fish inside of the tliroo miles wj
concerned, the treaty of 1851 madeiio practical diilerenc^c?— A- 1 H
think it made much difference; occasionally there would lie some n|

AMERICAN FISHERY INTERESTS.

731

iiislmn', Jintl where they fished it might have alTected them. Where I
fislii'd, mostly around the MagdaU'iis, we ilshed where wo were a mind
to, hi the lull sometimes the fisli would get near the shore around
Cilpc lirotoji, and there would be some days that the fisU would bo in-
shore ; that would bo along from the middle of October until November.
TIk^ rest of the year the fish were mostly oflsliore.

''1

INSHORE FISHERIES.

Q. Taking the general run of the year, in and out for ten or twenty
vciirs together, according to your o'^^crvatiou and experience, the value
"of (lio inshore fishing is very smail, is it not ? — A. It is very small ;
iliat is, to a master of a vessel and fitter ; I have been having vessels
inuiiiiijj Kinco that time.

(>. While the treaty of 1871 was in operation, what occasion was there
for lisliermcu to fish within three miles on those shores ; how much practi-
(sil advaiitiigo was thjit? — A. It wasn't any to mo. I had several ves-
isdsaloug there during those years, and they made a failure of it, and
caiiie homo to fish on our shores. Previous to this year, for tho last ten
hears, mackerel h.ive been plentiful on our shores ; this year it Las been
almost a total failure ; some few that wont into tho Bay didn't get any-

tllillL'.

PUHSE-SEINES.

Q, Do your knowlledge and information cause you to agree in opin

on with the other gentlemen whom you have heard — and in fact with

jail tlio people we have seen, from Provincotown up — as to whore tho

|i;r«at bulk of tho mackerel, take it year in and year out, caught in tho

iGnlfof St. Lawrence, that they are caught outside of the three miles

jwitli luu'sesciues? — A. When I wont there fishing wo caught ours, as

1 say, outside tho three miles ; but I never wont seining; knowing the

li'liaracter of the bottom there I shouldn't suppose it would be practica-

ile to fish with a seine.

By Senator Frye :

Q. Yonfished with hook andliuo? — A. With hookand lino. I shouldn't
ppose it would be practicable to fish with a soino there ; it has a very
nxky bottom and shoal water.

. 'H

CURING FISH ASHORE. -v^i- ; fi \ i^-.V

By Senator Edmunds :
Q. Perhaps you have been along those shores up there enough to know
k^ktlioror not they are occupied now by people ? — A. I think it is pretty
fell settled all around tho coast, so far as 1 know.
Q. In that case, under the old treaty, tho question might arise whether
loiuould be obliged to arrange with tho shoremen for labor in drying
[our fish or anything else that you wanted done on shore, or otherwise
lijlit bo an invasion of the rights of private property. — A. That mode
f fishing has much changed. There are no fish cared ashore j it is a
Jiiifjof tho past; I don'l; think there has been anything of tho kind for
prty years,

I Q. Are there not some cured ashore at St. Pierre f — A. Those are
M by tho natives there, not by Americans.

732

AMERICAN nSTIKRY INTKRERT8.

KKNCIIOUUKI) AND PIOKLKOURED FIHII.

Q. What do you think of tho vahic, respoctively, of sliore ('iiml fljJ
as oomparod with thos(^ that arc koiKili cured, as it i.s called I bdiovft
and bwuf^ht homo and ])icklcd? — A. For our market hero tlicir fisM
haven't much vahie. Wc have what wc call tlui i)icklc-cmeil lisjp thai
is what suits our market. Their market is more for the Hniziis aij
West India market, and the foreign trade generally.

Q. J low arc they, in respect of quality, as a pood Ibod ?— A. Thoymt
good food enough for the climato thoy go into, but they are not goodfoi
onr trade here.

Q. Wluit 1 want to got at is this : Assume that you keep house, ora
least eat meals somewhere ; if you want to have to-morrow inoriiiDi
for your breakfast the best possible salt codfish, would you liavouijoi
St. JMerre cured lish, or a kench cured fish ? — A. If 1 was }?oiii<]f (lom
to my warehouse to t-ake out fish I should take out a Georges pickM
cured tish. In no c.aso would I take a St. IMerre fish to carry it awaj
becaus«5 it is not the kind of tish that 1 want at all. They do (nin; rou
for table use to cut ui> and eat raw ; sometimes a few are used that ni

Q. For the general consumption of i)eople who eat fish you think tlii
niotliod of konch curing is Just ivs good as any other'? — A. Wo liuvei
call in our trade for any other kind.

Q. Now «',ome to exportation. The drier the salt fish is, I suppose
the better it will bear a warm and humid climate! — A. They have t
bo «lry-cured for exportation.

Q. Can you treat these kencheured flsh when you get them licrej
Gloucester in such a way that they could bo sent to the West hulips(
to the East Indies and not spoil ? — A. They have to go tliroui;li liiai
jirocess of pressing and drying more. One way would ho topiutl
inte brine in butts ; the other way is to wash and dry them ami
them out on the flakes several times in order to get the requisite drj
ness. At times wo make large quantities for the Boston market; tlii
are made by the same process that they make them at St. Pierre ai
Nova Scotia. I think thoy make a specialty of that, and I think tliJ
tish of that class are fully better than ours, because they niakealarj
quantity of flsh that way, and it is not often we make them. Sometiml
when tlio market is poor we have a call from Boston.

Q. There is nothing in tho fact that you bring them in in briiio!-^
Our fish are handled in the same way that theirs are until tlicyi
brought ashore.

"■ '" DUN Fisn. "' ■ ■■'■■'•■ '■■'-'■'

Q. Are these i)articular kind of flsh wo have been speaking of d^
tho dun flsh ? — A. No ; it is the ago that gives the name of dun.

Q. Take a dry cured flsh and put it through the process, anditth
Incomes the dun flfsh ?— A. It would after it had the ago on it.

RECIPROCITY.

Q. From your observation what advantage would it be to tiieflslij
interests of the United States to make this sort of an exchange hctwJ
United States and Canada : Canada to give us the right to cure lislj
her shores, the right to shij) flsh by rail, tho right to flsh within hertn|
mile shore line, the right to buy bait, tobacco, and everything wl
sired by tho fishermen ; we, in return, to give the provincial men f

AMEKICAN FISHEUY 1NTEUE8T8.

738

Irielit to do tim Hiiino IIuiikb on our slioivw, uiul tho lijjht to btiu}? their
Itob oiHiilti'd lish ill lieel You would hardly uiako u trade of that kind,
Isiipposot— A. I should say it would bo a very hard trade for us.

RAIT.

Q, For tlu^ (jod-flsheries, do you want to go there now for bait T— A.
Iliiive KOiiKi Koven or eifjfht vessels that have been coil-lishinff this year,
ami 1 think they have not been to the provincial ports at all for bait ;
llliev liiivo caught most of their bait on tlie Banks.

(i, Have you generally sent out a quantity of clam bait ? — A. Wo
Ifcivcii't liHlR'd that way, but we used to years ago.

Q. 'j'lanis are use(l on trawls'? — A. Not a great deal.

Q. Wluit do you use on trawls? — A. Sometimes we carry salt herring
[juil luack'TC'l, and they fish with what they call shack, and birds, too.
Iliad a vesiti'l that went this year that way — cut up small fish and any-
iiiigof that kind for bait. Buying bait is a thing that has come up
uoro recently. Vessels used to go to the Banks with salt bait, and lisli
litji clams or with birds and shack and such bait as they could take

•om tbo lisli. Some ten or fifteen years ago tho vessels began to go in
Imtlio l>ank trips and get their bait in Newfoundland. I am speak-
Bg more particularly of the Grand Banks. But I doubt if that has

fiu any l)ouefit to us. Wo have paid out a large amount of money

kre, wiiilo the Capo Cod vessels that have pursued the old way of

; have made better voyages, I think, than ours have, because they

^ave saved large expense; and if we are unable to get our bait there,

8 has been the case for some time, we will go back to tho old method
^Bil adapt ourselves to circumstances.

Q. There is bait enough to be caught in our waters, is thore-not, tok-
JDg clams, ineuhadon, and what herring wo have? — A. We have no

onble iu baiting our vessels without going there to buy it. The vessels
lave iu past years often gone in there just because it has been the cus-
M, aud some of them started this year tho same way, but after they
band that they were prohibited from going in for bait they have adapted
^emselves to circumstances, and have got bait on our own coast and

1 tho Banks.

I Q, Aud I suppose it is rather a temptation, when there is the right

! free entry, to the fishermen, because they rather like to go ashore at
[pleasant little village and have a good little time? — A. We think that

eates against us as owners. . t . v. ■

;SiM

'. I

II

SEIZURES.

[Q. Have any of your fleet been molested or disturbed in any way
me the expiration of tho treaty?— A. None of my own fleet ])articu-
irly. Tho Adams was a vessel from my wharf; she was owned by her
japtain.

[Q. Where is the captain of the Adams? — A. The captain was not
loiird at the time; it was Captain Lewis who was aboard. But both
fcecaptains are away.

|Q. Aud none of the vessels in which you have an interest were dis-
itbed?— A. I have had five vessels fishing in the Bay of St. Law-
fnee this year for the first time for several years. My fishermen have
ibed on this coast for mackerel for several years, but in the absence
f mackerel ou this coast they have had to gointo the Bay with tho rest
ftliem. I have been advised that they got their fish, all of them, from

%'.\\

m-. I'^i

hi

734

AMElilCAN riSUEliY INTEUESTa.

0 to 10 siiul 15 luilos offaliorc, aiul, ho far jis cutters wore coucerind
tliey hardly saw one. They hadn't any occaHiou to tjo iiifsliorcjaml oil
the whole, they thought it was an advantage to be prohibited liom ;rJi,|,,
inshore.

COST OP VESSELS AND OUTFITS.

Q. About how many men compose the crews of your vessels !— A. IH
teen to eighteen in each.

Q. What wouhl bo about the average tonnage? — A. Seventy livutuj
eiglity tons.

Q. Whatwould bo tlie average cost of those vessels, hull and h|(:iis!- I
A. Hull, spars, and sails,about $8,000 lor mine.

Q. J low nuicli does the outUtcost? — A. About $2,500 to $;5,000 witli j
the seines.

LIFE OP SEINES.

(J. How long will one of these purse-seines last? — A. Aboiit2jeare,j

1 should say. i
Q. Then they get rotten? — A. Then they got rotten. TheyaroiiiadJ

of very tine twine, and some portions of them have to be rouiulod iiif
that time ; perhaps in one season some portion will give out.

Q. Even when the net has met with no serious accident?— A. YcJ
sir. rerhai)s a third of it woidd have to be taken out the second yearJ
out of the middle of it, the bunt.

NATIONALITY OF FISHEEMEN. -

Q. What is the nationality of your crews? — A. From observatioii ij
should thinlc about one-third are foreigners of different countries, aud
two-thirds American. 1 speak more particularly od" the seining vesj
eels. 1 think the seine iishermen are more largely Aniericau than lliq
cod-fishermen ; perhaps half of the cod-fishermen are Americans.

By Senator Frye :
Q. And two-thirds in, mackerel fishing? — A. Yes, sir. Ihavogotou^
man that has about the whole of his crew Americans.

By Senator Edmunds : • a!.

Q. I am taking it at large. — A. Taking it on an average.

EFFECT OF DUTY ON PKICES. ' '

Q. Has there been any change in the retail prices of salt fish, sofaj
as you have observed, which you can refer to tho fact that adutylim
been put on since 1885? — A. I don't know about the retail price; la^
only familiar with the wholesale. So far as my knowledge goes, 1 knoj
no ditterence.

Q. What has been tho etiect on tho wholesale prices? — A. Tho du^
went on a year ago last July ; I think the price of codfish is about25i)e(
cent, lower than a year ago last July. As to mackerel, there has beeuj
very short catch of mackerel, so few that there has been quite alargi
advance in jirice.

Q. Has the advance gone up quite beyond the duty? — A. Yoiimiglj
say there has Ix'cn comparatively no mackerel ; there has been none (
this coast; and, altogether^, there has been a short catch, so that thedu^
has not afl'ccted it.

AMERICAN FI8UE11Y INTERE8T8.

735

Q pid yoii notice iiny sudden rise inunodiately aftor tlio Ist of July,

11885 in tlio wholoaalo prices of any kind of llsli, as a consequence of the

ilntyV'"i"o "" '^^ ^^'^^ tiujo? — A. There Iuih been no rise in llsli on that

Q. I^oiio of you dealers put up your prices on account of that faiitt —
A. No; 't h<is l)een the other way. We had laid in largo stocks of fish,
(Ij,, jreiioral impression bcinj; that wo might get some advance, but it
hrtnttho other way ; it was ruinous, and our prices have gone down to
almost iiotliing ; that is, where lisli fetched two years ago $3.50 a quintal,
tkpiit'i' went down to $1.75; that is, while ti^l^duty was on, the price
IwsJMt'j and the same lish went down to $1.75 ami $2 for 114 pounds.

EFFEOT OF QUALn.Y ON PlllCES.

Q. How was the mackerel catch last y<'ar? — A. It was quite large
I to y cur. fhere is another thing that haN illected the price, and that
lis tlio (iiiality. Last year they were No. 2, and small oues at that, and
Itboiuice was very low; this year the mackerel that have been caught
lire very largo and of better (piality. So that a portion of the advance
[in price lias been duo to quality.

y, But the quantity has been much diminished? — A. Very much
liiimiiiishcd ; the catch has been very small. The statistics of the Fish
iBureiiu show that.

PRESn AND SALT FISU.

Q. WLoro do you sell the most of your salt tish ? — A. I sell mine on
|tlie markets here, to the dealers mostly.
(J. You do not ship to distant points ? — A. Not to any great extent.
Q. Do you deal in fresh fish at all? — A. No more than that ray vessels
)fresb-L^biijg and their fish are sold to the dealers in Boston; that la

LAY. ,,_, .., . : :-
By Senator Fkte :
Q. I would like to have you give the exact lay of the fishing business
|rith your sailors, you own so many vessels. — A. In hand-line fishing
eliiuau has his own fish, and one man can make a largo trip while
Botber man will make quite a small one. Then they have what they
lalialfliue. The crew pay the cook's wages, the ice and the bait,
1 perbaps some other little bills, which are called stock charges.
lifter those stock charges are taken out the rest is divided amongst the
n- according to their catch.

I Q. How divided ? What proportion of the whole catch does the
rliolecrew get— half ? — A. One-half of their own catch; half of each
Vs catch. After taking out the stock charges the crew gets one-
ulf of the whole.

[Q. Then each man has of that half the proportion that he takes with

inc !— A. Yes, sir. Among trawl fishermen some go that way, and

) lieavc altogether and then average.

[ Q. Now mackerel. — A. In the mackerel fishery, taking the average

1 mackerel sold hero and put into barrels, the barrels havo to come out

itiio stock ; some few other little trivial charges come out of the stock,

Mont of the remainder comes the cook's wages and the crew's half,

fd the rest is divided equally amongst them, the owners paying the

«tcr his commission. His lay is a percentage on stock, of 4 to G per

It., whatever he may ship for.

<iU

'11

730

AMKUICAN FlSlllCUY 1NTEUE8TS.

Q. Tliut collies out of tlio owiut ? — A. That (toiucH out of tlic own^r
Q, Tho owner furiiisUeH the vcMsel ami outllt, 8eiiie8, &c.t~A. Ilo

furniHlicH everything.
Q. liiHunineo ami everything of that liind? — A. Kverytiiiiigof lljai

kiiul.

COMPENSATION OF FISIIEUMEN.

Q. Wiiat are the average annual earnings of these llsherinen T— A.
liavo not looked it up, hut 1 shoiihl say that during the lust two yiuiJ
$200 would be about an average. ,

I'KOFITS AND LOSSES.

Q. What have been, during the last ten or fifteen years, tli« avcragoj
profits of your vessels engaged in that business T — A. I havcMi't Uguml I
it up that way. 1 know the average profits have been very biuuII, mulj
I believe it has been the other way.

Q. Losses? — A. There have been losses; during the last live or ijixj
years wore i)articularly we lost. I can explain that in this way: Pi
vious to the treaty of Washington the Canadian fleet was Hniall,aDd
the general business of this country of course was better. Wcl
got some i)rofit from our business. After the treaty of WasLiiigtoa
had been in force some tliTeo or four or five years wo bcf,'aii to lltl
the efl'cct of their competition, in our cod-fishing more particularly;
has been ruinous to us, and 1 don't know but it has been so to tliuinJ
They have a very large fleet of vossola, some 300 or 400 sail, I miderJ
stand, and the business since then has been very poor. A great inani
people have gone out of the business, and some fishing tuwus liaTq
almost gone out of it. . . ; ; - .

CANADIAN COMPETITION.

Q. What is the reason you cannot compete with thorn ?— A. Ckai
labor is one thing. Five or six years ago — 1 don't know just the dat»
fish were quite high ; every Nova Scotia banker that canio hero will
fish sold them on the market without paying duty, and every mau wlij
was a carpenter wont to the woods and got out wood to build a vcssa
with, so that every spring there were from CO to 75 new vessels launclieij
Those vessels were built of spruce and cheap qualities of Lard wo
and were got up in every way cheap as to material. Those vessel
were fitted out and manned. Of course their men went ou the lay fli
same as ours, but they were fitted out cheaper. The irou, nianila, au
such stuff that went into the construction made their vessels cheapei
Then began the labor of curing fish. They hire their labor very clicad
our labor is costly, while theirs is of almost nominal value. Tho wbol
business is expensive with us compared with what it is with them. Oa
local taxation, as well as national, is high, and it has all got to couico^
of the proceeds of the business somewhere.

FEEE Fisn.

Q. Is it possible for Canada to give the fishermen of this countj
anything that you would regard as an equivalent for allowing her f
to come in here free of duty ? — ^A. I can't see where there is anythiDi

Q. You do not know of anything you want ? — A. I do not. AU
should ask, as a vessel-owner, would be civilized treatment of ourvl

AMERICAN FISHERY INTERESTS.

737

8^i!),roluvvo the Htime ri{fht» and |>riviIo{;e8 accorded to us tbat all civ-
ilized nations accord to each ot'ier, and indeed juii iiiiy;lit uow say all
the nations.

SALT AND FRESH FISH.

Q. As a matter of fa(!t, Jias not the Immonso increase in the consnrap-
tioii nnd sale of fresh llsh injured the murlcet for salt fish ? — A. 1 thiuk
It has to some extent.

(}. U not tbat fresh flsh consumption increasing very rapidly ? — A.
Itbiuli it is increasing very fast; it is going to bo a largo business in
the future. I think the fisheries in future will be the great busiuess.

FROZEN FISH.

Q, As you understand, the fresh flsh come in free and are frozen f —
A. Yes, sir.

Q. Do you want duty on fresh flsh as well as salt? — A. I should think
itwould be very desirable. When a large quantity of fresii fish comes in
tiiey are put into bouses and frozen, and they come in here very largely
Id the spring of the year. Ail down about the Bay of St. Lawrence
and tlie Bay of Ohaleur thert are establishments that put up flsh and
j send them into our markets, Boston, New York, Philadelphia, and all
the business centers, in a frozen state. Those flsh are purchased, and
1 increase to some extent the market, and are displacing salt flsh.

RENEWAL OF THE TREATY OF 1870.

Q. Taking into consideration the greatly increased consumption of

I fresh fish and the improved means of preserving them fresh, what, in

your opinion, would be the influence upon the fishery business of the

United States of a renewal of the treaty of 1870 for ten or fifteen years

toconio!— A. I think that the renewal of the treaty would be very dis-

[cottragiDg and very disastrous to our business. Canadian vessels wear

; a good deal quicker than ours. After the treaty of 1855 expired
[their fleet almost went out of existence. They built more vessels after-
I wards for the fishing business. These they have now will sGon wear
lout. If the business continues with a treaty, they will build up a
[larger fleet, and the consequence will be that ours will decrease in the
Iwnie proportion that theirs will increase. This Is what is shown by
litatistics.

Q. And the result will be that they will get the benefit of increased
Iconsnmption and increased markets, instead of us getting it? — A. Yes,
Isir. I tliink their cheaper labor will do the business in the future with
Ifree markets. A good many fishing towns in this country went out of
jbnsiness, finding it impracticable to carry it on under the treaty of
iWasliington.

DEPRESSED PRICES. '

By Senator Edmunds :
Q. Is the very low price of flsh now attributable, in your opinion, to
jthe fact that less flsh product is consumed in the United States than in
jformer years, or to the fact that there is an excess of supply beyond
Idemand for consumption ? — A. I think the fresh flsh has partly taken
pe place of salt fish, and then the large amount that has been put on
lie marliet is another element. There has been a large supply. Then
S. Ex. 113 -47

738

AMERICAN FISHEEY INTERESTS.

perhaps there are some other influences, among which may be named
the general depression of the business of the country. That, I think
would point towards a cause for the diflerenoe. '

WAGES vs. LAY.

By Senator Frye:

Q. x\t Trovincttown and some other points we find on inquiry tbat
the flshernien have demanded wages when for some years before tliev
had been going on a lay. Whether or not the tendency of <'oiiii)etitiou '
with Canada and a free market here will not be generally to cause tliei
fishermen to demand monihly wages instead of a lay? — A. la the Bank I
fishing I don't think we could run our business exce])t on the laypriij.
ciple ; the men must be partners in the voyage to make it successful.

Q. 1 was not asking as to the owners ; I was asking whether or not I
the tendency of a free market for Canada and free and open coniiHti' i
tion with her would not make the business of fishing so uncertaintliii:
it would have a teiulency to make the sailors demand wages instead of]
lay? — A. I think if the low prices continue as they are now they will}
have to have wages or else go out of the business.

Q. I want to go one step further : [f the result is that the flsheiiiKuJ
will demand wages instead of a lay, what will be the influenc- of tliatj
upon the Owners of vessels? — A. AV'e shall have to get out of tliel
ness.

Senator Frye. That is what. I supposed.

THE CASE OF THE D. J. ADAMS.

The Witness. 1 would like to make one little statement iu regard toj
the Adams. While the Adams was tied to my wharf there was also f
Nova Scotia schooner tied to the sr,me wharf. We had had theXod
Scotiaman's fish several years under the old treaty, and he had coma
for such supplies and bait as he wanted. In the spring of theyeanva
have our frozen bait, and our bankers take their sup])ly of bait ; and
there was quite a number of Nova Scotia vessels came across here td
get their bait for their Bank, voyages. While he was taking his bail
here and such supplies as he wanted the Adams lay to the same wharf-
my wharf. Very naturally when the Adams went away on her nes
trip her captain had the impression that he was entitled to the saml
I)rivileges down ibere that the Nova Scotia vessel had here. UariDf
seen the Nova Scotia vessel take bait and otber supplies bore he wea
down into that port and took some small amount of bait there. latlil
early part of the year it was the general imi)ression that our vessels \reij
entitled to that j^rivilege. Afterwards they learned differently aud hav]
kept away from there, and have had no cause to go there. The Adau
had no need to go there, but that was one of the places she had beeul
quenting for bait aud the captain of course thought he might as wellj
there for bait as anywhere else; he didn't know of any restrictious; '
thought it was a mere matter of trade, that it was not fishing; ands
several of their vessels had been iu our port here he thought he h^
the same right to go there.

HERRING.

Q.Asa matter of fact, whenever we have obtained bait there we haj
bought it; we have not undertaken to catch it? — A. Yes, sir; wcalwaj
buy bait iu Newfouudlaud and Grand Manan.

AMERICAN FISHERY INTERESTS.

730

Q. About this herring fishery, have our vessels for the last ten years
j jiipiged ill that at all ?— A. Not in the salt herring fishery ; not to catch

tbeni but to buy theui, that is all. I don't think there are any vessels

jfvoin tills port, unless it is in the fall of tlie year. The boats off the
[bailior catcli them here. But the business of going into the provincial

inters for herring is not jnirsued here.

I Q, It is not pursued in the LTnited States anywhere, is it ? — A. No,
Irir, In 185-1 and 1855 wo used to go to the Magdalens foi' herring. I
llavo beni sevi-ral voyages. But that was a ])oor quality of fish, and
loflat' years there hasn't been any of that kind of fishing done.

I}. Our vessels simply go up there and purchase their bait ? — A.

riiey simply go on trading voyages.

Q, Do we have the same kin<i of herring in our waters that they
jlavof— A. I don't know any difference. Sometimes on the Labrndor
Icoiist they get fat herring. I don't know much about the salt herring,
Ifor I haven't had much to do with it.

kaiio of fish oaught in amkkican waters
in canadian waters.

TO THOSE CAUGlfT

By Senator Saulsbuky :
Q. You attribute the decline in the price of fish partly to the sale of
■esli lish ill our markets. What ju'ojiortion of these fresh fish that are
lii.dur markets are caught in American waters, and what in British
btirs?— A. I haven't got much means of knowing, because their fresh
fcligototlie Western cities and New York and Philadelphia, and I
pn't know much about the quantity that goes there. Wo have but lew
lere, We h.ive had some few halibut trips landed here and sold to the
alors here, but otherwise 1 couldn't tell much about the proportion.
jknow at certain times of the year we have large quantities of fish
iDnie ill from across the Lakes and New Brunswick, but I have no sta-
Istics as to the quantity.

]Q, Do you know what proportion of the fish caught in American
tors are sold as fresh fish ! — A. No, I haven't any statistics on that}
|coiildn't say. r

EXPORTATION OP FISH TO CANADA.

IQ. You are engaged in the fish business ; do you ever ship any fish
Kmiada?— A. I never did.

IQ. Do you know whether or not there are any quantities shipped from
JeQiiited States to Canada ? — A. 1 shouldn't suppose there was. Some

may be sliipiied up into Canada West; some of the Boston people
gy ship some there, but I shouldn't suppose to a very large extent.

n't know ill regard to that.

•

EXTENT OF GLOUCESTER'S TRADE.

|Q. Wliiit proportion of the fleet at tiiis place is engaged in the mack-
' IWiory, as compared with the whole? — A. I should think about

le-lliinl.

IQ' Aiul tlie residue ? — A. That is engaged in cod-fishing and catching
pk halibut. I should say that there are some forty or fifty sail in the
put fishery on the Georges and other Banks.

740

AMERICAN FISHERY INTERESTS.
PROVINCIAL. COMPETITION.

Q. Do the fisheries of the Provinces that are brought into competil
tion with us apply to all kinds of fish, or simply to codfish and mack-
erel 1 — A. I think to all kinds. They send in a good many LalibuJ
which they land on their shores and send by steamer to Boston. Lastl
spring there was quite a large amount of fresh fish sent that wav, l|
kuow^ at one time quite a large quantity.

WINTER FISHING.

Q. Is there any considerable i)roportion of your vessels engaged ia
winter fishing ? — A. Most of my vessels are engaged in winter businesj
on Georges Bank and up there. They take their bait here and go i
the banks and back without making port.

• THE RATTLER.

By Senator Edmunds :

Q. Do you know anything about the schooner Rattler thai had soiaj
trouble up there ? In the papers I hav •) here she is said to belong i
Gloucester. — A. I know the vessel and captain. I don't know any c
the I'acts.

Q. Is the captain here ? — A. I think not. Most of our mackerel cap
tains are away.

THE HOWARD HOLBROOK,

Q Ig the schooner Howard Holbrook of this place! — A. She belong
to l.oward & McKorzie of this place.
Q. She is not hen? ? — A. She is not here.

T^E HIGHLAND LIGHT.

Q. Do you know the Hijjhland Light! — A. That belongs on Cap
Cod somewhere.
Senator Edmunds. I see now ; she belongs to Wellfleet.

IHE A. R. CRITTENDEN.

Q. Then there is the A. R. Crittenden that is said to be of thij
port. — A. That belongs to Captain Chisholm.

Senat'. r Edmunds. Ho did not tell us about that. Are any of tbei^
pie present who were on board of her!

Captain Chisholm. The agent is here.

NUMBER OP GLOUCESTER VESSELS ENGAGED IN FISHING.

By Senator Saulsbury:
Q. Vv hat is the number of vessels sailing from this port engaged i
this business !— A. The whole number is about 440.

'm

AMERICAN FISHERY INTERESTS.

741

TESTIMONY OF SYLVESTER CUNNINGHAM.

Gloucester, Mass., October 4, 1886.

SYLVESTER CUNNINGHAM sworn aud examiiiotl.

By Senator Edmunds :
Qiief<tion. What is your age ? — Answer. Thirty-six.
1^1, Where do yon reside ? — A. Gloucester.
0 What IS your g^scupation t — A. Fishing business and shipping

Q. Are you the owner of any Vessels ? — A. Yes, sir.

Q, How many ?— A. I'en.

Q. What liiud of fishing are they engaged in ? — A. They are engaged
I in the Georges fishery — mackerel and halibut.

Q, How long have you been in this business t — A. Thirteen years, as
[partDcr.

Q, Have you ever been a fisherman youx^elf 1- A. No, sir.

Q. Your information about where the fish are caught, and aH that,ii^
derived frum the reports of your captains, I suppose T — A. Entirety.

MACKEKKL.

Q. Taking the mackerel fishery to begin with, during the time you
lhaveb>>en in the business where have they been caught? — A. Until
Ithisyea.- about all our mackerel have been caught on this shore. When-
HTer our vessels have been in provincial waters it has been very dis-
ItouragiDg business ; there have been no mackerel there of any amount,
iMid, as a rule, what they caught were of very poor quality indeed. We
[iave made a loss every year by sending vessels to the provincial waters.
[This year's catch on our shore has been almost a total failure, and
loar vessels have fished almost altogether in provincial waters since
jspriDg.

THREE-MILE LIMIT.

Q. Whereabouts in provincial waters were those trips made which
Jere failures before? — A. On very nearly the same ground they pre
ping this year — Prince Edward Island and the Magdalens.

Q. They are fishing this year outside the provincial maritime line, of
lonrse?— A. Yes, sir.

THREAT OF SEIZURE.

Q. Have any of your vessels experienced any difficulties or unfair
Iticatment?— A. No, we haven't had any reported at all. As a sample
lofwhat we have to contend with there 1 will state that I had a letter
pe other day from a man saying that if I didn't send him some $12 or

|15 ho should report one of our vessels for having lauded a man, and

T»vc lier seized.

FREE FISH.

^Q. From your knowledge and observation in this business, how do
'"iregard the value to Americans of fishing inshore, as compared with
Rvalue to Canadians of free fish, both salt and fresh ?— A. It has no
Tine essentially. It would be a convenience to do away with all these
strictions, but they have got nothing to ofler us for Ixee fish that has
ftaeh value. Tliey can only offer us what would be a convenience.

n

745

AMERICAN FISHERY INTERESTS.

Q. You do uot rogaril the inshore fishery as of any practical conse.
quence? — A, It is nothing we shpukl be willing to pay anything for.

BAIT.

Q. How is it in respect of the question of bait? — A. The privilefe
of buying bait there is something we can do away with entirely. ]\\
have been in the habit more or less of running our halibut vessels in.,
Hova Scotia and taking bait, but they can just as well take their bait j
from iiere ; that is i. mere custom, and not a necessity.

HALIBUT.

Q. Wltere is the iiftlibut ttshing chiefly conducted? — A. In whatwej
call the Weste. n Blanks aud the Grand Banks. All the balibi'f are!
caught perhaps from 80 to iOO miles from any shore, and soinbtimessevl
er.il hundred miles. Jt is rt»*epsea fishing, or, rather, it is on thoJBankaj
a long distauce from shore.

CODFISH.

Q. Now we will come to the cod fishery. Where are the cod that.vori
haveoperated in caughtchietiy ? — A. Thej" are caught on Georges Bankig
that Is a fishery that Gloucester has practically a monopoly of; tLati
about 130 miles from our Cape here.

Q. Ilow nmny miles is it to the Grand Tlauks? — A. To the westerii
edge of the Grand Banks it is about 750 miles, I think, and to tbeeastj
eru edge It is about 900.

POET PRIVILEGES.

Q. Take your Canadian Banks, the Grand Banks, aud all the Baiiki
that are off those Biitish Provinces, and that are a long way from lierel
•what is the necessity for fishing vessels having any right to enter ili|
ports of Newfoundland? Is theie any necessity, and if so, what is if
for your vessels on the Grand Banks to go to the nearest British porij
of Newfoundland, or wherever, otherwise than in case of storm or ilii
aster, or to get wood and water? — A. Our Grand Banks fisliernieiulua
ing the last ten years have made a number of trips to NewfoiuidlaiKifoj
bait only, small herring or something of the kind, aud it has beenadi
puted question for us whether it has not been an expensive business 1
us. It takes a great deal of time, and it causes a delay sometimes
three weeks, and sometimes they don't get bait; aud they spend long
time than they need to sometimes, and we don't see that they get art
more fish than those vessels that lie on the Bank and fish with otherbal
So that we had about come to the conclusion before the expiration J
this treatv that it was much better fo" our vessels to avoid going iin
fresh bait. We think there is no necessity for it whatever,

BAIT.

Q. Do you get any squid on the Grand Banks ? — A. Yes, sir; butj
certain times ihe squid fail. A vessel arrived here a few daysagotj
didn't take anj; bait with her when she sailed from here, but she caiij
lier squid ther^^ i^dca'Jght her fish, and made a very short tripani

very good rM\e :

'.a lodelav at all.

X:J^'^

•■■■,-' •■•■■* .;J^

AMliKICAN FISUEUy INTERESTS.

743

To the westenj

Q, Is it usual for your vessels to go out without any bait at all t — A.
Ifo but this vessel relied on squid and found plenty of them.

4 She took that chance? — A. Yes, sir. The bait question would
settle itself very quickly. We could very soon find a way to bait our
vessels without any Canadian help whatever.

DUTY.

Q. Was there any rise in prices when the duty went on on the Ist of
July, 1835, as a consequence of the expiration of the treaty? — A. There
was a decline immediately, and has been a gradual decline from th<it
time to the present. The price of fish is so low now that if we should

; allow Canadian fish to come in free, onr vessels would not sail. The

I price is very low.
Q. We must hope that this is exceptional. What we want to got at
is a broader period of time so as to calculate the average. — A. There
has been a very low price, for codfish especially, ever since the abro-
gatiou of the treaty, extremely low. Mackerel are very high this year,
bat that is easily accounted for. The catch of mackerel to date is

156,000 barrels against, I think it was, 380,000 barrels last year and

1330,000 barrels the year previous. So that accounts for the prices of

I mackerel.

COST OF VESSELS AND OUTFIT.

Q. How many vessels are you connected with in one way and an-
lotlier?— A. We only own ten. Of course, we handle the fish of a great
jmany others ; we buy a great many fish.

Q. Take those vessels that you own to begin with, what is their cost!

The Witness. What would be their cost to-day?

Senator Edmunds. Noj I mean the cost of building them and fitting
Itheni out.

A. The vessels would cost about $7,500 to $S,000, and it would cost
|about $2,500 more to fit them.

Q. They are about 75ton vessels on an average? — A. About that, yes.

CEEWS, AND THEIR NATIONALITY.

Q. What is the composition of their crews, and about how many men
|o a vessel?— A. They will average fourteen. .

Q. What is the nationality of the crews? — A. Of course, I liave no
platistics.

Q. I moan your general idea ; you sec the men more or less. — A. I
itioukl think they were about one-half native born, and about one-Iourth
|iaturalized.

Q. And the other one-fourth foreigners of one sort and another? — A.
p, sir.

[ Q. Of what nationality are the foreigners mostly ? — A. We have quit«
l^ige immher of Scandinavians; then we have ([uite a proportion
M the Dominion, all along from i^cwfound'and up; and there are a
w,uot i;.o man}', Portuguese who come to the Georges fisheries. • The
jontli of Europe furnishes them.

^. The Scandinavians have their homes here? — A. Yes, sir. The
teiiiiou people also have homes here ; it is the younger and more ad-
^itnioiis of them who come here, because they can have the handling of
rn (Avu inoiiey and liave a good time, but part of the time they go
p home in the winter. It is only a question of a very few years be-

744

AMERICAN FISHERY INTERESTS.

fore *hoy are pcrmahoufc citizens here. Of course no man cannons
master until be is naturalized, so that is a constant incentive to Ihiu]
to become nnturalizetl. And taking those that are masters, witii tbose
who want t* '»ecome masters and have been masters, it makes a very
large numbei >f Americau citizens.

Q. Like caiuudates for office ? — A. Yes, sir. So that a largo propor-
tion become naturalized citizens in a short time.

COMPENSATION OF CANADIAN FISHERMEN.

Q. Do you know bow the business is conducted in the Domiulon be-
tween the fishermen and the people who employ them I —A. I know i
in a general way. The bankers especially come in and land their tisli- 1
the fish are not weighed as they are taken out and cured ; the men keep
fishing the whole season, and their families keep drawing from the |
stores. So that before those fish are marketed and the voyage is ready
to be settled the men are ready to start again, and by that time the
store account has used up pretty much everything the men have earned.

Q. So that in substance they get store pay only? — A. Yes, sir. I
suppose they get money enough to pay for what they actually liave to
have in the way of fuel and a few things like that, but practically theyj
take the whole of it from the store. Here the codflsb are landed and
weighed in two hours from the time they are landed, and immediately j
every man goes in and takes his check.

C03TPENSATION OP AMERICAN FISHERMEN.

Q. And about what do your crews make per year, taking a ten years'f
average ? — A. The different kinds of fish share a little dill'ereutly, I
I Rhould think it might make an average of $300 for the twelve months.]

EXPORTATION OF FISH TO CANADA.

By Senator Saulsbury:

Q. Where do you sell your fish principally, in this market!— A. No,|
sir. "We buy largely outside. Our shipping business is a promiueutj
feature of our trade.

Q. Do you sell to other countries? — A. No, sir; we market in thij
United States.

Q. Do you ship none to Car.ada? — A. We never ship any toCanadai
There is a little trade with the border towns, but it is \(^ry small, 'M
we have never done any of it.

COMPARATIVE COST OF AMERICAN AND CANADIAN VESSELS.

By Senator Edmunds :
Q. You have been in this business so long I would like for you tj
state a little more iu detail the elements of the cost of Canadian ouff
fits, wages, the profit to be made out of it by the Canadian fisliermetf
the cost of vessels, wages, supplies, taxes, &c., as compared with thi
like elements on our side. Make, iu as condensed a way as you car
a comparative statement of the conditions that enter into that i>ar|
of the problem. — A. Of course the first item is the cost of tlio ves*
itself, which is about oue-third less iu Canada than here. Tiien then
is a very largo proportion of everything that wo put on board tbe vej
sel that is dutiable. We did have a drawback on our salt. Of couisf

AMERICAN FISHERY INTERESTS.

745

in a series of years the duty makes a large difference in the expense of
ranninj? the business. Then their system with their men makes a great
(liffereuce.

Q. Take the articles that enter into ship-building, yonr cordage or
manila; is that rope made in this country f — A. Yes, sir; it is manu-
factnred here, but the ra / material is imported with quite a large duty.

Senator Edmunds. If it is real manila hemp it must be.

The Witness. We use the very best manila.

Q. The iron, bolts, and all that sort of thing are made here ? — A. Yes,
[sir.

DUTY.

i 'it9

! 4 . •^ Sli

i1

Q. When you speak of duties you assume that the price is increased
m account of there being a duty on iron and iron manufactures? — A.
I Yes, sir.

Q. But if the manufacture of iron in this country had reached a point
I ffliere the market was fully supplied, or oversupplied, as it is with cod-
fisli, then why would not the duty drop out of consideration with refer-
ence to fish? — A. It would. It is only a question whether we have to
j pay more. The theory of the thing I don't care for.

Q. If you were to-day about to flt out a ship, and sent to Liverpool or

I London to buy your cordage, and there was no duty on it, how much less

conld you get it for than you can now? — A. I really couldn't tell you

I the difference. I know about what the duty is, and we simply claim

[that if the average duty on what we use is to be taken, we feel that we

iDglit to be classed with the rest in a general way.

Q. That I agree to entirely, but I am getting at the statistical fact of

Itiie prices. Now take the bolts, spikes, anchors, and everything that,

jeiiters into the iron-work of a vessel, do you know whether the same

t of things and of the same quality could bo bought any cheaper in

iLondon than they can in New York or Philadelphia ? — A. There are

! things I don't know and some I do. For instance, I know a few

|jears ago we bought our fish-hooks — not a very large item in amount —

'm Scotland. 1 think the duty was then about 45 per cent, ad va-

and yet the Scotchmen shipped them over to us and they cost us

toy paid less than the price we could buy them for here. But in the

irticles you mention, a good many of them, I am not able to say whether

ieduty makes much difference in the price or not.

Q, We make fish-hooks, do we not? — A. We made them then, but

ow we have stopped the importation.

!Now you can go on with what you were saying about the other
ns of comparison.

ELE3IENTS OF INOEEASED COST OF AMERICAN VESSELS.

A, The (lift'crcnce between our methods and theirs I think makes
more difference in the cost than the duties. If we had the privilege of

king our crews and letting them live from our outfitting stores for six
fcontiisof the year until the account was about to be squared, selling
^ (Is to them at our own prices, and all that sort of thing, we could
iarry ou that sort of business and let the vessels lose and still have a
Jirotiton our whole business.

Tlion again the local taxes. Here in Gloucester we have a very heavy
ut 2 ]ier cent.; whereas I think I am correct in saying that the
l^Jiuianiii.s do not tax their vessels at all.

I

740

AMERICAN FISHERY INTERESTS.

I think since the duty went into effect the total amount of their boun-
ties is in the vicinity of $2,000,000. The bounty is not very large m
vessel, but still in the aggregate $U,000,000 in a series of years is a great
help to a small industry. France gives 10 francs on every quintal ex-
ported.

'. . .. ,...K ..-: TAXES. ■ ,.y r;: ^ ;: ■„,.

■■•''■

Q. The taxes paid here go to support schools and all the departments
of a well-ordered city — water, jiolice, &c. — which the families of your
crews who live here enjoy 1 — A. Yes, sir.

Q. And your school money is entirely raised on property!— A. En-
tirely. It makes it a ery expensive, because in a town like Gloucester
with a large i)opnlation who pay no taxes and who have a large nam!
ber of chihlren, the school tax is high and becomes a very important
•miitter.

Q. And that in the Provinces is not a heavy tax at all?— A. I think
they do not tax their vessels there at all.

By Senator 8 AULSBUEY:

Q. You say your taxes are 2 per cent, on the cost of the vessel ?-A,
Yes, sir ; more than that now. I don't think our fleet would sell to-day 1
for what thev tax it ; 1 know it wouldn't. ,

By Senator Edmunds:

Q. That is, for the assessed value? — A. For the assessed value.

Senator Saulsbuky. In my State a vessel is not taxed at all for State, J
county, or municipal purposes. Why cannot the people of Gloucester!
he relieved from it as well as the i)eople of Delaware ? 1 know one pen- j
tleman who holds as ])art owner between thirty and forty vessels ai
has several hundre<l thousand dollars invested in coasting vessels, ami j
he pays no State or county taxes upon those vessels.

Senator Edmunds. If the taxes are taken off of vessels Lere, tliej
other i)eoplo who live in this town and subsist upon this flshiug iudiis-f
try will have to raise just as much money, and the taxes would onlyj
have to be levied on something else.

Senator Saulsbury. I think property of every chai-acter and de-j
scription, investments in real estate, vessels, or bonds and mortgages,
ought to be taxed.

The Witness. The valuation of the town is low. Gloucester is i
poor town, and the proportion of vessel property is of course exceedj
ingly large as compared with the other property, /f they should no
tax vessels no one could afford to live in the town, the taxes would
so exorbitant on everything else. The tax is now $10 on $1,000,
think, and if they were to take out the $3,000,000 of vessel property ij
would make a very exorbitant tax on everything else.

Q. (By Senator Edmunds.) I suppose these captains and tbeinren
live in houses that tJiey own, on land that they own, and allthetaxii
taken off of personal ;>roperty would fall back on real property, so tb^
after all they would have to l/iif the taxes? — A. Yes, sir.

Q. About what proportion f/f your local taxation is for school pa
poses? — A. I think about one-third.

n— A. I think

AMERICAN FISHERY INTERESTS.

TESTIMONY OF WILLIAM H. JOBDAN.

747

Gloucester, Mass., October 5, 1886.
WILLIAM H. JORDAN sworn and examined.

By Senator Edmunds :
Question. What is your age ■? — Answer. Forty.
Q. Residence? — A.Gloucester. • . , ^

Q, Occupation ? — A. Fishing and vessel-owner.
Q, Owner of h«w many vessels ? — A. Five.

Q. How long have you been in the fishing business ? — A. I have been
in the business, as partner, nineteen years.
Q. Do you deal and operate in all classes of fish ? — A. Yes, sir.

. ' cost op fishing vessels.

Q. What do these fishing vessels cost? — A. They average in cost
about $7,300 to $8,300 or $8,500.

By Senator Frye :

Q, That is about a hundred ton vessel ? — A. That is 100 tons, old
measurement. By the new measurement — the Government measure-
ment—they run from 05 to 95 and 100 tons, but more of them would bo
ID the vicinity of 80 tons ; that would be about the average.

COST of outfit.

By Senator Edmunds :

Q. About what is the average cost of outfit ? — A. For seining busi-
I ness perhaps about $2,500, and for cod-fishing and other parts of the
jbiisiuess from $1,500 to $1,800 and $2,000.

Q. About how many men are carried on those vessels? — A. My ves-
els average about 15 men each.

nationality of fishermen.

Q. Of what nationality are these men ? — A. I should think two-thirds
lofthemoriu that vicinity are American citizens, and perhaps 15 per
|cent. of them are resident citizens.

Q. People who reside here but are not naturalized? — A. Yes, sir.

Q. Audthe rest are floating? — A. Yes, sir; foreigners.

codfish and bait.

Q. Where do your vessels go for codfish ? — A. They fish mostly the
prand Banks and the Georges Banks.

Q. Whpre do they get their bait ? — A. They get their bait for Georges
' ng along the American coast, and this year all of them have got it

Q. How was it during the ten years of the treaty of 1870-'71 ?— A.
Umall proportion of the Grand Banks trawlers got it from Canadian

^Q. Is there any difficulty in American vessels, now that they are ex-

' lin fact, whether of right or not, from going inio provincial ports

'get bait, supplying themselves with bait otherwise ? — A. No, sir. I

**l

^^ ^ ^^'^1

:>i

748

AMERICAN FISHERY INTERESTS.

have bad loss delay this year than on tlio average. Ft(>qiieiit!v the
Grand Banks vessels are supplied with bait three to six \veel<,« atatinie.

Q. Along the Canadian shores when they were at liberty to do tha'
A. Yes, sir. I think if the vessels made arningeinents to take tbt!
on their own shores it would benefit an industry that has not bceu in!
developed.

Q. And result in eciually snccessful catches of fish t — A. Yes, sir,aiiil
with much less delay. Then, again, the people fishing along our shores,
those that have traps and weirs, are disposed to do all they can to makt)
mouey ; but among the Canadians a vessel will be allowed to lie a week
without bait. The Canadians seem indifl'erent, and if theydou'tM
like fishing they won't.

PKOVISIONS.

Q. Just tell us what is your outfit of provisions for a vessel going totli"
Grand Banks on a codtish trip, for instance. What is put on boardlor
the food of the crew ? — A. Flour, beef, pork, lard, butter, 8iij,Mr,molas. :
ses, and canned goods of various kinds.

Q. Canned vegetables you mean ? — A. Canned vegetables soinewLat.
Of course, different vessels vary in that respect to some extent; some!
carry prunes, most of them dried apples and condensed milk ; in fact,
almost all kinds of food ono would have at home, only in preserved !
form. They also carry cabbages.

Q. What is the quality of the food that is put on ? — A. The quality
is good ; the quality of the flour is the best ; as to sugar, we sometimes
send white sugar, but more frequently high grade yellow. The molasses
is of good quality, not the best always ; and butter is of good quality,

Q. Pork 1 — A. Pork is of the best quality ; we send mostly clear
pork, and pork shoulders ; and the very best grade of plate beet we j
can buy ; we also send pigs' feet and trips somewhat.

Q. So that the whole outfit of food is thoroughly good ? — A. Yes, sir. j

By Senator Frye :
Q. Coffee and tea? — A. Yes, sir; pure coffee, and a nicequiilityofl
tea that sells for about 40 to 46 cents a pound. Strictly pure coffee and J
extracts and spices of all kinds.

CODFISH.

Q. In your codfish catching I suppose no question is ever raised in]
respect to the three-mile line ? — A. No, sir.
Q. They are always caught offshore ? — A. Yes, sir.

PORT PRIVILEGES.

Q. Then as to your cod-fishing vessels, is it of any practical coDse-j
quence to you gentlemen engaged in this business, or to your crews,
have the right to go into their ports except for shelter and for woo
and water ? — A. It is not.

MACKEREL..

Q. Now wo will come to the mackerel ^>asiness. Where have your ve*
sels during the last ten or fifteen years ca ught their mackerel ?— A. Dnri
ing the last ten or fifteen years they ha\ • caught their mackerel iiliws^
entirely upon the American shores. Last year I had 5 to 8 or possibly

AMERICAN FISHERY INTERESTS.

749

milk : in fact.

lOpcrccnt. taken in Canadian wsiters ontside the tlircoi-inile limit, and
last yeiir mackerel wore taken in the Canadian waters, inside thetlirce-

mile limit.

, TUREK MILE ^IMIT. •

Q, State your kuowledfje and information m to the proportion of
niackerci taken inside the three mile line f

The Witness. In ordinary years?

Seniitor FiiYE. Yes, take it for liftecn years together.

A. The proportion, in my estimation, would certainly not be over 5
prrc'ut. with the large vessels, and I should think even less than that.

Q Take the whole of the Gloucester mackerel fleet, and take it for
ten 01 lifteen years together. — A. The average taken inside the three-
uiilo limit is not 5 per cent, of the whole, taking the whole American

ieet.

Q. It was so even during the time when they had the right to go in-
slioref— A. Yes, sir. It is very seldom that they are able to get the
couditiou of bottom such that they can fish inside with safety. It has
been tried, and they almost invariably tear their seines.

Q. How is it in i. spect to the location of the larger schools of fish;
are tbey generally found more than three miles offshore ? — A. Yes, sir;
tliere are certain banks or places where they are located where they
seem to meet more of them than they do inshore.

CASE OF THE GOLDEN HIND.

Q, Ilave any of your mackerel vessels been disturbed this year! — A.
Yes, sir. Th»^ Golden IJiud was fishing in the North Bay and discov-
ered that their water was about out. Tliey had less than a barrel left,
and they attempted to go in to replenish their water. At the entrance
to the Bay of Chaleur they were met by one of the Canadian cutters —
I think the one commanded by Captain Quigley, I am not sure — and the
cutter forbade hira to enter the Bay. The Hind informed the cutter that
she wished to get water, but Captain Quigley said that he would not
allow her to enter, and gafve the Hind the written instructions of the
Canadian Government, and indorsed on them, " Don't^nter the Bay of
Chaleur." He didn't sign his name, but only added his initials.*

So the captain didn't dare cnic:. He was in distress for water for
eight days before he got back on the Ashing grounds, and during that
time the other vessels had started for home, so that it was a substantial
loss to the Hind of one fare of fish.

Q. Where is that paper that was given you? — A. I have it at my
office.

Senator Frye. I wish you would bring it in before we leave Glou-
cester.

The Witness. I will do so. I will state that the collector of the
I'ort here made a statement of this case to Secretary Bayard, and made
adeinaml ou the English Government for indemnity.
; Q. About what time did this occur? — A. I think nearly about the
I first of August.

Q. Do you know whereabouts it was that the vessel was stopped ? —
I A, I have a record of where it was, but don't recall it now ; it was at
j tiiC entrance to the Bay of Chaleur.

'The warniug here spoken of la identically the same as the one a copy of which
■•mator Edmunds has from Mr. BavArd, except tho indorsement in pencil, " Don't en-

I'T the B.ay of Chaleur, M.S." '

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AMERICAN FISHERY INTERESTS.

Q. Do you know whether at that time the Hind was v.'ithin three miles
ot the shore? — A. She was outside the three miles.

Q. Standing in to the open bay?— A. Yes, sir.

Q. How wide is that bay across from headhmd to headlaud?— A. I
don't know. [A bystander said it was about 15 miles.]

Senator Edmunds. 1 have understood that it was nearer 20.

THE CASE OF THE ANNA M. JORDAN.

The Witness. There was another vessel that had some difflculty.

Q. (By Senator Fbye.) What vessel?— A. The schooner Anua JI,
Jordan. I think she went first to Eastport, and then attempted to j;o
to Grand Manau, but they wouldn't allow her to enter at the j)ort of St.
Andrews. The captain owns part of the vessel, and ho went ashore and
asked permission to enter. They told him no ; that flshernie:! had no
business to enter, ?.nd if he came in he would be seized.

Q. That was at the custom-house at St. Andrews? — A. Yes, sir.

Q. And so he did not undertake it? — A. He did not undertake it.

Q. Are those the only vessels of yours that haye had any trouble tliis
year? — A. I think so.

TUKEE-MILE LIMIT.

Q. Take the mackerel fishery ; what, if any, substantial valne to tlie
American lishiug interest do you regard the right to catch mackerel
within 3 miles of the Canadian shores? — A. I cgnsider it of no value.

Q. And I understand from what you have have said that your opinion
is, from your knowledge and experience, that it has never been of any
substantial value as a means of catching flsh? — A. Yes, sir; tor some
years past I have had my vessels going up for mackerel, and until this |
year they have always lost by going there ; if they had remaiued home \
and fished as late as this year, if there had been any chance, they would j
have done much better. ,

THE TEKEOK. ' . ,

Q. Have you any information as to whether any other American ves- 1
sels have been excluded from the Bay of Ohaleur this year?— A. Idon'tj
recall any spicial cjise. I have heard the matter spoken of in general]
once or twice.

Q. Do you understand that all have been kept out? — A. I under:jtandl
that when the cutter Terror has been there it has not allowed a)iy vesj
sel to enter.

Q. What papers had your vessel? — A. She had a permit to touch andj
trade ; all my vessels had that.

Q. But she had no particular clearance for any particular Canauiaa
port ? — A. No, sir.

. :. WHOLESALE AND RETAIL PRICES.

Q. How are the prices of flsh this year?— A. The prices of codfls^
are lower than they have been for many years; the prices of mackerel
are higher for certain grades. The catch of No. 1 mackerel this yeaf
has been smaller than it was last year. Th'* catch has been probaHj
in the vicinity of 12,000 barrels No. I's, and last year it was lOfi
barrels. The price last year at this season was $18, and this year it i

AMERICAN FISHERY INTERESTS.

751

*1J and $17.25, with perhaps only two-thirds of the catch, and of course
with very much smaller proportion of other grades in mackerel. No. 1
mackerel have been less this year with a smaller catch.
Q. Take it for codfish. — A. The prices of codfish, both wholesale and

ret

ail, have been very much less this year than last.

PRICES AFFECTED BY DUTY.

Q. Wa there any observable immediate change in the prices on the
1st of July, 1885, when the duty was put on? — A. Prices were lower
after that I the market seemed to bo dull.

Q. But your market here, so far as you know, was not affected im-
mediately by that fact? — A. No sir; we would have been very ftlxd to
1 take the "old prices.

, COMPENSATION OF FISHERMEN.

Q. I suppose your vessels are all alike here, on the sameiay that has
[been described by the other witnesses? — A. Yes sir; I have only one
vessel where part of the men were hired for wages.

■11

rl;j

is, sir; for some

, CLOSE SEASON.

By Senator Edmunds :
Q. You can state what you like on the question of a close season. —
[a, It is the general imjjression, I supi)ose, that it is more desirable for
[the lifberQien to have a close season than not to have it. But if it is
[for their interest, it is certainly for mine. I have looked into the ques-
1 pretty carefully — perhaps no more so than masters of vessels — and
jit is my impression that it is not going to be for our advantage.

In the first place, our vessels perhaps will want to start earlier than the

jistof Junt, and I know of no reason why they cannot if they wish. If

(they start before the 1st of June they are liable to catch mackerel.

Suppose those mackerel are landed on the 15th of June ; how is any

[one going to prove that they were caught before the 1st of June ? Sup-

ose Gloucester will send out 100 vessels mackerel fishing. That is

wbaps what they have sent South nearly every year for the past seven

|Br eight years, and it may be more than that. They have taken almost

atirely fresh mackerel, so that there has been no opportunity for ac-

ainulatioii of stock more than a few days at a time. I would say that

fcpto the 1st of June, possibly, there are 5,000 barrels lauded each year,

phave been for the past few years; I think not so many this past

tear,

Q. Are yon speaking now of .salt, or fresh mackerel ? — A. Of salt

|ia';kerel. Wher j they get fresh fish, of course they take that chance of

|tting a big fare with some one or two or three trips. On the whole,

|i« Southern fishing business has been disasti'ous, and I think I have

"en engaged in it as much as any firm. I have had four or five vessels

figi>Sedin it, and they probably have been as fortunate as any; and

[Jf I do not consider that the voyage South has been especially favora-

fC. On the contrary, there has been this disadvantage : I think the

^ckerel are liable to be salted and taken on or before the first day of

JDe. If a vessel should happen to be in Southern water about the

pof May, so as to be prepared to take them on the 1st of June, if

p taw a school on the 25th of May they would be liable to take them

1% thought nobody saw them. The result will be that by the 15th of

m

752

AMERICAN FISHERY INTERESTS.

e usually, perhaps, we should have 5,000 barrels of mackerel lauded
probably a large portion of them consumed. We are quite likely to

June usually,

and probably a large portion or tiiem consumed. We are quite likely to
haw by the loth of June 20,000 or 30,000 barrels of poor mackerel • thev
are of very little value. It is only a small portion of the countrv that
takes them, any way, and we should accumulate a stock.

I understand the object of a close season is to prevent takin" the
mackerel in the s}>awulng season ; but they do not spawn until alter the
1st of June.

The object istilso, as I understand, to keep a poor quality of mackirel
out of the market. Very few mackerel, 1 think, are taken durngthel
month of June, because they are spawning.

Q. Where do they begin to spawn South ? You find them off Hat-
teras in March ? — A. I don't know where they spawn. You flud spawn
in tliera. I believe the fishermen don't pretend to know.

Q. Your difficulty about the close season, if 1 understand you cor-
rectly, is that you look at the difficulty of its enforcement, ami tbat in-
stead of these fish that are caught before that time being disposed of, ]
they will be packed in barrels in part ? — A. I am afraid it will be that
way, and certainly it will be impossible to tell, if the mackeiel were]
lauded about the 15th of June, that they were caught about the 25thi
of May. And then I don't see anything to prevent the danger of ship- 1
ment from all over the Provinces about the 15th of June. The mackerel!
strike their shores from the 15th of May, anu they can catch those MJ
at that time and salt them and keep them until the middle of June and!
keep them from our markets ; whereas, if we are kept to the 8<:rictlet-l
ter of the law, we won't be able to take many fish until after the hi\
of July, anc the Canadians will be able to get the advantage of the ba
market.

Q. If the close season were on down here, you could go north and fish
where the Canadians do — in the Gulf ? — A. We might do that, I suppose,
But the fish seem to follow the shore, and more and more fish aretakenj
in traps and weirs on the Nova Scotia shores than are taken outside.

Q. So you think that this early fishing would not amount to anything
up there outside of the three-mile limits? — A. No, sir.

Q. And that at that early time in the year it Is the boats, &c., tha
take them? — A. Yes, sir. Our vessels have been there every year,
few vessels leave the southern fisheries about the 15th or 26th of Maj
and go north, hoping to take fish on their passage to the North Bay; ba
there are many more failures than there are successful voyages,
year I think there were thirty to forty vessels went there, and I guea
not more than seven or eight caught trips.

MACKEREL AT SPAWNING TIME.

By Senator Frye :

Q, These mackerel are carrying spawn nearly all the time from Maroj
up to June, are they not? — A. 1 don't know how early, but I presnn
tliey are.

Q. When they are actually spawning they do not make their appeaj
ance on the surface, but go deep ? — A. I don't know that, but 1 pij
^ume that is the case.

Q. That is the reasdn you do not take them in the month of Jnj
with your nets — because they are on the bottom ? — A. I presume so.

Q. While these fish arecarrying spawn do you think they are goodtj
A. No, sir; I think they are not good eating.

Q. They are very poor, are they not ? — A. Yes, sir.

AMEKICAN FiailEliY INTERESTS.

753

Q. And snialH— A. Yes, sir.

Q. After they have spawned iu Juuo tboy very rapidly recover )^eir
condition, do they notf— A. Yes, sir.

Q. They feed on a little red insect! — A. That is their natural food.

q! What is that called!— A. I have heard it called brit; it is also
called red feed. . •

Q. So that iu July the mackerel get fat ! — A. Yes, sir.

CLOSE SEASON. , , ,. ,

If you will allow me, I think thcire is no doubt but if we could pre-
veut their being taken Ixfore the Ist or 10th of July it would be a good

yea.

Q. They can be prevented from taking them during the month of

I June!— A. Yes, sir; but then the Canadians would get them, and in

that way get the advantage of a bare market. You can't prevent this,

1 snppose, under the present tariff. Next year, perhaps, the first mack-

lerel lauded will bo high priced.

Q. The theory of these other fishermen is all right, then, that the mack-
Imlare poor and ought not to bo taken, but that the law is liable to be
jriolated?— A. Yes, sir.

EAELY CATCH OF MACKEEEL. '

By Senator Saulsbuet: ' ^ ! .:

Q. v;hero are these fish that ar*^ caught in the Southern fisheries

Ipriiiciiially sold ? — A. I suppose there is a small local trade in New York

Istiite au'I Pennsylvania, but I suppose their eventual destination is iu

pome Southern market. The Southern markets demand a low-priced

isli, which is necessarily a poor fish. Poor fish will keep better in a

wm climate than fine fish. A poor No. 3 mackerel is a much better

■ticle for a warm climate than a good No. 1 ; they do not spoil so

teadily.

By Senator Edmunds : ■).)■.■■!' '. </ ^ " ■:■- 'A- * '

^ Q. Can you not keep any mackerel that are properly salted a great
pile in any climate'? — A. They don't keep so well.
Q. They get musty and rusty ! — A. Yes, sir ; the fat dries up, aud
py get oily aud strong ; they are sort of soaked in oil. v ;,

By Senator SAULSBUEli :
I Q. Is there not a large quantity of these fresh fish eaten by especially
p poorer classes of people iu New York, Philadelphia, and other East-
1 places?— A. Yes, sir ; they are a great many. They are very cheap
f times; the market is overstocked with them and they sell at a very
^ price, but are usually a pretty good kind of fish for fresh fish, that
\ when there is a large supply. When they are so cheap the poor ones
|8 thrown away, aud the others are sold at a pretty good rate.
[Q- Would not the effect, therefore, of breaking up this southern fish-
jbe to deprive a large number of people, who now want to buy cheap
p fish, of the opportunity to buy them! — A. I think it would deprive
p of the opportunity to buy mackerel. I don't know but at that
on of the year there is usually a large stock of fiesh fish cheap —
«n herring and smelts, though of course smelts are not quite so
»!'• And at different times there is most always an abundance of
8hfish.

. Kx. 113 ^8

754

AMEEICAN FISHERY INTERESTS.

^ TESTIMONY OF CHARLES H. FEW.

Gloucester, Mass., Oc^o&er 5, 1886.
CHARLES H. PEW sworn and oxaminetl.

By Senator Edmumds:

Question. What is your age ! — Answer. Fifty-one.

Q. You reside here at Gloucester? — A. Yes, sir.

Q. AVbat is your occupation? — A. In tlie general fishing business-
buying and selling goods.

Q. You are a vessel-owner? — A. Yes, sir; we have, I think, fro- j 18
to 20 vessels.

Q. How long have you been in the fishing business ? — A. Ever since
1849.

' EECIPEOCITY.

Q. Then you were in the business during the whole period of re-
ciprocity under the treaty of 1854, and free fishery business uiuler the
treaty of 1870-'71 ?— A. Yes, sir.

Q. What was the eflect of the reciprocity treaty of 1854 upon tlio
fishing interests here? — A. During the latter part of it, it interfered
with it very much, depressed it.

Q. Describe how, whether the Canadian vessels increased in mini
ber. — A. The Canadian tleet increased. During the inflation period
after the war prices were very high, but for the last two or three years
the business was depressed. Oar high prices caused a marked increase
in the Nova Scotia fisheries J the fish were about all marketed to tbis
country at Jhat time.

Q. Did large quantities of them come to this port ?— A. They com-
menced to increase very materially during the latter part of tlio re-
ciprocity treaty ; we had gone through the panic of 1857, and at that
time the increase was not material from 1857 to 1861. During the tiist
years of the war, 18G0 and 1861, the business was very dull, but after]
prices began to look up and business became more prosperous the
market increased, and finally for three or four years it doubled every
year.

COMPARATIVE COST OF UNITED STATES AND CANADIAN VESSELS «D 1

OUTFITS.

Q. What are the elements, in your opinion, of the difference between J
the cost of a vessel, its rigging, outfit, &c., built by these Dorainioiil
people, and a Gloucester vessel?— A. It is principally a difference in]
the cost of labor and duties, and will amount to probably from $1,000!
to $1,500.

O, On each vessel? — A. On each vessel. In addition, thereisama-j
terial difference in the running of the vessel from year to year. Theyl
have no duties nor taxes, and their labor is lower; that makes therun-j
ning of the vessel very much less.

COMPENSATION OF FISHERMEN.

Q. How soon do your fishermen who bring fish to this port in youj
vessels get their pay and profit out of a trij) ? — A. Just as soon as tbew
laud.

AMEEICAN FISHERY INTERESTS

755

Q. How do yoii understand thai course of business to be in the Prov-
inces t— A. It takes a long while before the fishermen get their in^ney.
As a general thing the fish have to be lauded and marketed and the
nioney received before the men are paid off. Sometimes it happens that
ibey laud their fish in the fall and do not receive a settlement in nioney
nutil they are again ready to go the foUowiug year. Then, again, many
oftliKin take their compensation from the stores of the vessel owners on
arunuing account, so that when the settlement comes it issubstantially
uo settlement J their i)ay is all used up. y v« r-i,,* -•

BAIT. •

Q. Wliere do your cod-fishermen get their bait ? — A. The larger part
of them from Xewpcrt, around Block Island, and down as far as Ports-
mouth, and also down the coast of Maine, but not much. The larger
imrt of the bait comes from Cape Cod.

Q. nowhas it been during the last ten years? — A. Ithas been the same.

Q. Your vessels, then, during that time have had very little, if any,
oecaron to go into Canadian ports for bait? — A. No, sir; they have
not iiiadi' ;i practice of doing it; it hasn't been common with them,
tliougii oci asionally a vessel would do so. I think this year we have
liad ouly one or two out of our fleet of twenty vessels that have had occa-
sioQ to call into Canadian ports at all, and then I don't think they had
auy object ; it merely became convenient, perhaps, for them co go in.

. - f THE CASE OF THE SHILOH. ,/,,,.,

Q. Did any of your vessels meet with any difficulty? — A. Those that
went ill (lid. One of the vessels upon the last trip^ I think, went into
Sliclbiuiie, and was going into harbor to make port, and was fired at by
one of the English cutters. It was a stormy night.

Q. What was the name of the vessel ? — A. The Shiloh.

Q. What time was that ? — A. About the last of July or first of Au-
gust. I thiiiii she will be in today.

Q. With the same captain on board who was on board at that timet —
A, Yes, sir.

Senator Edmunds. If he comes in I would like to have you send him
liore.

Tlie Witness. I want you to have his story.

Seuiitor Edmunds. You may state his story as you understand it..

The Witness. As I understand, he went in from the Banks in stress
of weather. He went into the lower bay at Shelburne, the settlement
I Iteiug farther up the bay. While going up to his anchorage ground the
first thing he knew a shot was fired. He saw the cutter, but she had
I nothing to distinguish her from any ordinary vessel — no flag. The cut-
ter came up and her captain put an armed guard aboard, and that guard
was kept there all the time he was there. He stopped in at Louisburg,

I Cape Breton. He had a man on board who was sick, and he was a

tie in doubt whether it would be policy to carry him back or to land

I "lui. He went in and had considerable trouble. He had to get permis-

j siou from the Canadian authorities to allow him in port with a sick man.

I "'- ^'^'^ tol.ave special permission. They wouldn't allow him to go ashore

or to do anything at all, and kepta guard right around him all the time.

All our vessels had instructions this year not to go into any Canadian

port, because we held that it was practically of no advantage to us or to

tlietu to go into their ports — no advantage from a pecuniary point of

-ill

75G

AMERICAN FISHERY INTERESTS.

vioWjbecaaso it always cost moro thau any benefit derived from it. 1
Lave a bill showing what it cost one of the vessels to go in, one of our
lishiug vessels, the schooner Ontario.

CANADIAN PORT CHARGES.

Senator Edmunds. This bill, it seems, is dated Juno, 1886, at 8t
John's, Newfoundland. It is rendered by Stephen March & !Son agalDst
the vessel for what she had to pay when she went in, as well as for
some things that they bought; I see that they bought some tobacco, &c.
The light-dues were $20.04 on 86 tons, at 24 cents a ton. Tliere is a
charge for water rates, 86 tons, at Scents a ton, $4.30. That is not the
price charged for going in to take water, but only the charge for goiaff
in. Harbor-master, $2. Entering and clearing at the custom bouse"
$1. Pilotage, inward and outward, $7.50. Then after some little itenig
I see 70 cents for tobacco and linseed oil and a little tea. There is also
a charge for 12 flour- barrels, amounting to a little over $0, and an ad
vance to the captain. Then comes the commission on the whole tiling
at 5 per cent. ; then a charge for exchange at 2 per cent., making a total,
taking out the tobacco, the linsoed oil, the tea, and tlour-barrels, of
$6.00 and $31.50. The aggregate was about $45 or $40 for merely going
into that port, staying a day, and clearing out again.

The Witness. And pilotage, though they don't have to talio any
pilots. Then there is a charge for water rates, when we didn't talceany
water.

Q. I suppose she did not take any pilot? — A. No, sir; it was as if
she had come in and anchored here at Gloucester ; it is an open bay,
just like it is here at Gloucester. So you see it is expensive Ijusiuess,
and there is no earthly object in going into their ports. 1 talked to the
captain of that vessel very hard about going in there.

GLOUCESTER PORT CHARGES.

Q. According to the course of business here and the practice of the
Gloucester custom-house, what would be the charges on an 80 ton Cana-
dian vessel that should comedown here to fish more than three miles off-
shore out here in the Atlantic Ocean, and had occasion to laud in this
harbor, cast anchor, and stay a day ? — A. Simplj' for entering and re
jiorting at the custom-house ?

Q. How much would that be ? — A. There would be no fee attached
for them to report within twenty-four hours.

Q. So that if she merely cast anchor and departed within twenty-four I
hours there would be no fee at all I— A. None. We would be only too j
glad to have them come in to buy something. That bill 1 have sliowaj
you is a fair sample of the whole business of port charges against our j
vessels going into their ports. That is an original biM.

THREE-MILE LIMIT.

Q. For your codfish vessels do you regard the right of those vessels!
to go within three miles of the Canadian shores as of any consequence!-]
A. None whatever.

Q. Take your mackerel vessels ; where, during the last fifteen yeaw,j
for instance, have your mackerel been caught? — A. Off our Americauj
shores. J

Q. Have you ever had any maclJere'l vessels going to the Bay !— AJ
Two, this year.

AMERICAN FISnERY INTERESTS.

757

Q. Never belorct — A. I don't think wo have had any for ten to
twelvo years.

Q. Have you any knowledge as to whore the American lisheruieu
catch their mackerel np there, and as to liow much necessity there is
for tlioin to K<> within the three miles 1 — A. 1 have a Reueral knowle<ljje.

Q. State your general knowledge. — A. I think if they kept live miles
oftshore it would be an advantage to the business. If our Government
would put a steamer dowa there and drive them all ofl'shore there would
bemoro lish caught. 1 don't look upon it as any advantage at all to go
into tbcir harbors ; it is a positive d:r.sadvantage to the whole business.

Q. Iluve the mackerel vessels returned that you have sent down
(Ijere t— One of them has returned and gone back again ; they are botli
down there now.

Q. Ilavo you heard of either of them having any trouble ? — A. No,
sir; not at this time.

Q. They were under instructions, 1 suppose, uot to go inside. — A.
Yc8, sir ; their instructions are to keep out of the harbor altogether ; of
coarse they have to go in sometimes on account of stress of weather.

NATIONALITY OF FISHERMEN.

Q. What proportion of your crews, on the average of a dozen years,
are American citizens 1— A. The larger part of them; nearly all. Jn
facti (lou't think one per cent, of our crews are foreigners. Ihey are
not all American-born, but people who make their homes in this country.

By Senator Feye:

Q. Naturalized ? — A. Naturalized citizens, and living here.
Q. What proportion of them are American-born, do you think! — A.
Very few now; probably not more than 10 to 12 per cent.

COMPENSATION OF FISHERMEN.

By Senator Edmunds : . r^'^''^^''^/':'-:'--^'-':-''--' ■ ■■^■'.■■•'•^- -

Q. State about the average number of men composing the crew of one
of these vessels. — A. They average 15 to a vessel ; that would be a fair
average.

Q. Aud I RU])pose they go on the same lay as all the others have
stated!— A. All of them go on shares.

FORTUNE BAY TROUBLES. • ;.!

Q. Were you interested in any of the vessels that had difficulty in
I Fortune Bay, that old affair? — A. Yes, sii; it was our vessel, the Onta-
1 no; she was the one the gear of which the mob destroyed.

Q. ouc «as in there at that time for bait, was she not? — A. She was

I under register, and went in there to buy herring for the market; per-

I taps the herring might be used as food; they went in to buy for general

pnrposes. They usually go on winter voyages, winter after winter, but

this year they thought they had the right to go down there, and so they

took their seines and boats and hired men down there to fish for them.

I ihey were very successful, and they had herring enough, trapped or sur-

jionadedjto supply the whole fleet there, whilst the fleet there fisliing

hith the old gear were not able to catch any, and that was the occa ion

jot the mobbing and destruction of ihe property. There was no pre-

" of an excuse whatever; it was only because they said that our

758

AMERICAN FISHERY INTERESTS.

voHSols were coining down tlion^ and tukin^ Iho bread out of their cliil
dron'a mouths. All the years under the treaty wo luul the privilogenf
going in there for herring, although we bought them ; they wouldn't
allow us to cateh them ; they wouldn't allow us anywhere, even at St.
John's. Wo had a vessel that was nearly sunk, her eable was cut, siml
she intended to catch her bait; that was the Concord. They wero told
if they came ashore they wouhl bo murdered.

BAIT.

Q. If there was any advantage in going in there for bait, why did your
vessels go in ; or were they merely going to bring the herring back iuro
to sell, or what t— A. It is a matter of convenieiMie perhaps on a voya^'o,
a matter of habit. A man has been out to sea two or thn^o months and
he gets sortof tired and likes to rnn in and get the news from home, and
get the papers, and take water, bait, and ice and water, and go olf again.

By Senator Fryb :
Q. As I understand, you had, at this time, the right to go in, under i
the terms of the treaty, to catch bait f — A. Yes, sir ; but the experience j
we had will prevent us from attempting it again.

THREE-MILE LIMIT.

By Senator Edmunds :
Q. Taking your whole knowledge of the business, what do you say a
to the value, to our mackerel fishermen, of the right to go within the I
three-mile limit to fish? — A. I don't think it is of any value at all; ij
think it is a damage to go in.

CANADIAN PORT CHARGES.

By Senator Frye :

Q. Do you mean that those charges named in the bill yon have exj
hibited to us are customary charges to the fishermen who rnn in there!]
— A. I never saw such a charge before this year; I think it was putoaj
this year.

Q. During the time of the treaty they did not make those charges,]
'did they t — A. No, sir.

Q. Do you know whether or not, under the laws, they have a riirlif
to make those charges ? — A. No, I have no actual knowledge. I thiiik|
it was said that this Mr. March named in that bill was a member n^
parliament there, and being a member of the legislature he had tln^
privilege of making these charges, that being a special privilege.

Q. Do you know whether other vessels of ours have been compelled
to pay such charges this year ! — A. I don't know of any. I think biitj
very few vessels have gone in there ; I haven't heard of any others ex-j
ceptours.

FREE FISH.

Q. Do you know of anything that the Canadians can give us as ai
equivalent for allowing them a free market in this country for theij
fish? — A. Nothing. f

Q. What would be, in your judgment, the effect on the market f^
the next twenty years if we were to give them that privilege t— A'
would transfer the headquarters of the fish business from our territor]
to theirs.

AMERICAN FISHERY INTERESTS.

750

EFFECTS OF TREATIES. ■ ^_ ^

Q. After tho ' .pirationof reciprocity what was Uuiofl'ectt — A. Thoir
b;.sinp.sa decroased.

Q. During the pendcnoy of the treaty of 1870-'7l ditl they make a
lipftvv iiicrejwc again ! — A. Ych ; from 1879 to 1882.

Q. Did they uioro than double Hieir Ilcett— A. Yea; doubled and
trt'ltlcd.

Q. What was the effect of that upon our fisheries !--A, It simply de-
criiiHed uur busiuess very much and made it non-paying.

FBESn AND SALT FISH. i ::

Q. Has the market for fresh fish increased immcosely the last ten
years!— A. Yes, h has increased from year to year.

Q. Has that had any effect on the salt- fish market ! — A. It interferes
witii Hales and prices.

Q. Under the de(!ision of the present Secretary of the Treasury,
fresh flsb for immediate cousumptiou are admitted freeof<lutyf — A.
Yen, sir.

Q. Suppose all flsh, salt and fresh, should be admitted free of duty,
;iii(l that the increase observed for the last five years in the Canadian
exportations to this country should be maintained, would it, in your
opinion, be destructive of our fishery fleets ! — A. Totally destructive.
The business couldn't be carried on ; it would be, I think, impossible j
it would be simply a natural consequence.

DUTIES AND BOUNTIES.

We pay taxes and duties upon everything we use. We have high
labor, while they have no duties, low labor, and in addition to that a
bounty is ])aid their fishermen out of the money that this Government
was swindled out of. France pays a bounty of 10 francs per quintal
exported to other countries. We have fish that we sell tor $1.50 and
$2.25, while the French Government pays nearly $2 a quintal as a bounty
for all the fish exported to other countries. A Freuclj fisherman got
astray in a dory from his vessel, and was brought ashore in this vicinity,
and the French Government sent a war vessel to bring him home.
France can't spare even one man.

DUTIES IN FOREIGN COUNTRIES. *

Q. Do you know whether or not all the countries to which wo export
fish have duties !— A. The whole of them have.

Q. They do not open their markets ? — A. No ; their duties are abso-
lately prohibitory. The duty is very large in Spain and Portugal, as
well as in the West India Islands; we can't send any fish there, and
never could.

WAGES OF WOMEN IN GLOUCESTER. ; >

Q. You are one of the proprietors whose places we visited this mom-
; ingt-A. Yes, sir.

Q. I saw a number of women and girls at work there ; what average
I wages do they get t— A. They get $G a week.

700

AMEItlCAN FISHEKY INTKUEBTS.

WAdEH OF MEN IN GLOUOEBTEIl.

Q. I Bttw inon at work tlioni; what aro their avora^jfo wages !— A.
Thoy niako about $10 a week.

Q. Do any of thiMii gul moru tlianthat. 1 — A. Sonio got $i:{ ami ^M j
and Honio get $8. "

PRICES OF AMEBIC \N AND CANADIAN LAHOU.

Q. When you land a cargo of flsh and put it through tlio proccfwpi)]
that we observed this morning, is tiiero any labttreonnected with it fori
whicli yon have to pay less tlian a dollar a dayf — A. None wliatevpr.

Q. It runs from that up to $2f — A. Ves, sir.

Q. Do you knDw at what cost that saTue kind of labor is performed liv[
the Canadian flshermen in their country ! — A. About one-half. Tlipyj
do not follow the same methods of curing and marketing HhIi t!uit «ej
do, though they do follow them as fast as they learn them. All tin irj
methodn of catching, curing, and marketing are learned from •liiJ
coun try. Their best masters have gone in our vessels and got their (diij
cation as fishermen, an<l then during this last reciprocity treaty tin v|
went home and went as masters of vessels. I'rovious to that wo iiscili
to have four or five skippers that belonged to Yarmouth and SlielburntJ
but they are all vessel-owners now down there. They copy our vestwl*
and gearing and boats, and in fact everything that is progrosNive in
their whole fishing business they have learned from us here.

AMEEIOAN AND CANADIAN VESSELS.

Q. You spoke about the increased cost of our vessels over theirs flij
account of the increased cost of labor and the duties on certain ma
terials. Is it not a fact that the American vessels cost a good deal mor(
because they are better built vessels? — A. Yes, sir.

Q. And built of harder woodt — A. Yes, sir; we use oak timber i^
the construction of our vessels, where they largely use si)ruc«\

Senator Edmunds. The wages of shipwrights are higher with iis.

The Witness. They average $?i a day upon most all American vcSj
sels, while with them the shipwrights jonly get from $1.25 to $1.50.

PRICES OF FISH.

Senator Frye, The average prices of fish of various grades durinj
a series of years, if made up in tabular form, it seems to me might 8bo|
that food is about as cheap as it is possible to be.

Senator Edmunds. Mr. Pew cou'.d give us a table covering a doze
years or so.

The Witness. I can do it. I have a knowledge of the prices, andj
know that codfish of all kinds are cheaper this year than they ever liav
been before with the exception perhaps of one or two periods, say duj
ing the panic of 1857, and from 1860 to 1861, at the commencement r
the war. When the duties went on a year ago last July the prices '
mackerel, although they were $2 a barrel, went steadily down from I
in June to $2.75 along about the first of August. And codfish justtd
same; they were $3.25 to $3.50 a quintal of 112 pounds, and they wed
right down in price notwithstanding the addition of the duty, and tM
are lower today than they have ever been in the history of the coo"
try. It is simply a question of supply and dennand ; there is an o^

AMERICAN PI8IIERY INTEREHTfl. 701

supply <>f <!<»tin«li. \V« lmv<^ uiitui'tiriMu uuduiua f iioujjh to Hiii>pli otir
owiicomitry with food itrotlucts at vury cheap prices. i -

By Hoiiiitor Kdmundh:

Q, What might be called the heifj:ht of the ilfthiiii; biiHiiieRR here f —
A. IhIiouIcI May September to October; Heptember ordinarily.

{). Tiu'ii will you furniNh uH a table Hliowing the whoh-Muh! pri<'eH of
ihiHi'variouH kinds of ll8h,all that you call by the general name of cod-
lisli, iiiitckorel, halibut, and herring, in the month of September, taking
tlieminie date all around, ho uh to m.ake an even <;ompariH(in tor 10 to
li yearn bm;k, an«^ send it to us at your convenience 1 — A. I will.

HERRINO. '

To give yon an illnstration in reganlto the dntios on herr'ng, Labra-
(Inr herring are imported here, and last year they were sold as low as
the duties en them. The duties were $2 a barrel, and they were sold at
1 (:' a biirrc-l. They had a most 8U(!cesstul catch of them.
Q. On what part of the coast of Labrador are these herring taken t —
A. South and east, opposite Newfoundland. The prices this jN^ar are
1 from $') to $0.
Q. What part of them are taken on the Labrador coast where wo are
till entitled to fish ? — A. I don't know.

By Senator Fr YE : ,

Q, We do not flsh for them ? — A. No, sir.

Q, What do those largest, handsomest herring, that we saw this morn-
ling, sell for now? — A. All prepared and put up and salted for market,
I alKiut $3 a barrel.

Q. About how many pounds? — A. Two hundred pounds always iu
labarrel. . >■ ■■ _ ,

CODFISH.

Q. What do these smaller codfish sell for now per quintal? — A. For
I (2 to $2.25 per 112 pounds.

Q. They are rice flsh ? — A. Yes, sir; they are just as nice fish {i.« are
[prodnced.

Q. What do the larger ones sell for ? — A. At $3.50 per quintal.

Q. Whatdoyour boned flsh sell for? — A. From S^to 5 ceutsa pound.

HERRING. ; ,

By Senator Edmunds :
Q. Referring to Labrador herring, the treaty of 1818 provides for our
jiglit to fish from the west and southwest along to the Straits of Belle-
isle indetinitely northward ; were any of those herring caught in the
ptraitsof Belleisle?— A. I think they were.

TREATY WITH DENMARK. '

Ilie Witness. Did Mr. Jordan speak to you about the discovery this
l«arof a treaty with Denmark ?
Senator Edmunds. No.

; Ilie Witness. Something has come out this year in reference to a
*aty with Denmark which provides that we cannot navigate the water
»rtli of OOo I think it is, and a war vessel destroyed his property this

7G2

AMERICAN FISHERY INTERESTS,

ye:ir aiul drove lior homo. She goes up on the vasuzt of GrwMiluiid nnj
lier voyjige was broken up by a Danish man-of-war, 1 think. I tlii'nk il
waa stated — of courso this knowledge is general — uhat a treaty existtMW
between this country and Denmark, by which our vessels hud no ri"!i|f
to go up there at all. At any rate, the vessel landed her fish 0!i sliwe,
they wyre destroyed by the man-of-war, and she was drivou homo,

Q You do not mean that any Danish vessel undertook to prevent oni
of our vessels from fishing north of 00°? — A. I think so; I tlmikslid
was driven home.

Q. It might be one thing for her to fish in the open sea north cf (KpJ
and another thing to go within the three-mile line.— A. I think tliti
only went ashore simply to have less obstruction for th'^ vessrf wlipj
they went to clear the decks a.'id such things, as they had always hn
in the habit of doing.

NEW ENGLAND FISHING INTERESTS.

By Senator Saulsbury :

Q. Aoout what proportion of the fishing interest of Ne»v England I
centered a+^^ Gloucester? — A. I think from a fourth to a third; Igiiea
one-third would come nearer to it.

[A by-stander stated that there wore 1,600 fishing vessels in all, anl
440 of them belonged to Gloucester.]

Q. To what do you attribute the decline of cod-fishing this season !-
A. It is owing to the quantity of the catch. The modern appliances t
catching fish improve from year to year ; they use larger vessels, son
larger crews, and consequently we catch more fish.

IMPORTATIONS OF FISH FROM CANADA.

Q. What proportion of the codfish brought to our markets arecaugn
in provincial waters by provincial people ? — A. I guess they brou«:|
none, or at any rate only a smali percentage, this year. Since tbctrea
went out of operation they have brought very few.

Q. Then you do not a ^tribute the decline in the prices of codfish I
the importations from the Canadian Provinces ? — ^A. No, sir; it is siinpj
due to the laws of supply and demand. Of course people tliought llif
with the expiration of this treaty, prices might improve, and so th^
caught a great many fish, and do now.

Q. I understand you to say that the price of mackerel has advano
this year 1—A. Yes, for certain kinds.

Q. Is that attributable to the same cause, there not being a supply t
A. Yes, sir ; an insufficient supply.

LOCAL TAXATION OF VESSELS.

Q. You spoke of the cost of our vessels as compared wii,h Canadu
vessels, the materials entenng intx) construction having, some of im
to pay duty, and the cost of labor also being greater. — A. AH tiiet
ber that goes into American vessels except t^hip timber has to
duties.

Q. Is not one of our disadvantages local taxation?— A. Yon rai^
take that view of it. You might take it as a disadvantage or
advantage. It would open up a pretty wide field for discussion.

Q. Can you compete with Canadians, who do not pay any local ta
on their vessels? — A. No, sir.

AMER]

Q. iiav(i you e^

ishing business in
I are sfatistics gotte

dollars. It has b<
1 5fiO,000 people.

IN^-'OR

Q. Have any of
Jontliepartof these

A. I think theyha^

I of Gloucester ever,

I althongh they ar« '

than tliey were befo

I possibly can.

Q. There were ir
[>''iiieof any conseq

By Senator E

Q. Except the For
I were some litt'e thir

NUMBE

Q. Hor many ves
.lortheastern waters

% Witness, w;

Senator Edmunds

lcoa^tcf:^ewfoundlai

I A. They don't go i

|Jova Scotia waters i

a feiv halibut; th'e C(

Q. What I want t^
Itlie free right to go
Ition where they mig
ppon circumstances.
Ijoneiftheyhadhad
I [A jystander state
IGloacester that had ,

HADD

By Senator Sa
Q. Are haddock ca
ponotgo up there fo
Fackerel. Theprese
Kn years mackerel t
pr them to go up the
1 J Are haddock ca
I >^- Are they broug]
Rw to a limited e;
^' Where are the
^j^l very rarely in,-
F«rs that are open

AMERICAN FISHERY INTERESTS.

76a

AMERICAN CAPITAL INVESTFU IN FISnEtllES. _ i. •

Q. lliivi^ you ever uiiulo an estimate of the <;apiti.l iiiv«st«Hl in the
fishing business in this country in the way boiits and vesseLs? — A. There
are statistics gotten up thiit give all that. It is a good many million
ilolhirs. It has been estimated, I think, that it givefi euiployment to

[,)liil,000 people. ^ , ^ ■ -.■ , : -. . ,

INi-ORMATION TO THE STATE DEPAETMISNT. ;

Q. Have any of the interruptions and irritaiaons that have existed
ontlie part of these vessels been madcknown to the Secretary of State !--

I A. I think they have been; while Mr. Pabson v-as collector of the port

I ot Gloucester everything was reported, and I think they are today,
althongh they ar« more iiniiortant since the expiration of the treaty

jtatbey were before. They evidently make all the trouble that Miey

I possibly can.

I Q. Tiiero were irritations before the expiration of the treaty? — A.

|>'Mieof any consequence.

I By Senotor Edmunds : ; : ■

I Q. Except the Fortune Bay affair and things of thf .t kind ? — A. There

Iteresorae litt'o things like that, but they were of d'^ conseqnerce.

I NUIIBER OF VESSELS IN BRITISH WiTERS.

I Q, Ear many vessels altogether do yon think have gone to those

[riortheastern waters to fish for mackerel, cod, and halibut this yoar t

I % Witness. Where do you mean ?

I Senator Edmunds. I mean the Gulf of St. Lawrence and along the

|coa?tcf Newfoundland and Labrador.

I A. They don't go on tbat coast at all. The fleet that has gone into

IXova Scotia waters are mackerel catchers, and occasionally they take

|« few halibut; the cod-fishers don't go there.

I Q. What I want to get at is the number of vassels that, if they had

Itlie free right to go in as they had before, would ha\ e been in a situa-

Itioii where *hey might have used it. — A. It would depend altogether

liipon circumstances. Previous to this present year aone would have

■pine if they had had the privilege.

I [A bystander stated that there were 90 to 95 vessels from the port of

■Gloucester that had gone into the Canadian waters this year.]

I

1 haddock, MACKEUEL, AND HALIBirT. > -,

I By Senator Saulsbury: , '• "• "•

I Q. Are haddock caught in our 'paters? — A. Yes, sir; and our vessels

llonot go up there for them. There is no fish they go there for except

fcackerel. The present year has been a marked exception. For fonr-

P«n years mackerel fishing was better on our shores, and it was a loss

■ortlieui to go up there at all.

I Q. Are haddock caught up there in their waters ? — A. Yes, pir.

■ Q. Are they brought here by the Canadians ? — A. I think not ; they

pay be to a limited extenc.

B Q. Where are the halibut caught 1— A. Sometimey 3 or 4 miles off-

••ore; very rarely inshore. They are caught oft' the Georges and in

•aters that are open to tha fishermen of all tL'^ '.v^orld.

7G4

AMERICAN FISHERY INTERESTS.

Q. Are halibut sent bero by the Cauadiaus ? — A. Ouly very Iittk
They (lou't follow that business at all.

Q. Tlieu the only Canadian fish, as I understand it, tl.a,t conic in coir
petition with yours, are the mackerel and codfish ? — A. Mackerel auJcodl
fish. The Canadian ports are closed, substantially, six luontlis in tlJ
year by ice, during which time all their fishing grounds are full of icei
you can't get within a hundred miles of them. If the Ainericau lishl
eries were destroyed you could not get a substitute for tliern from i
Canadians, only to a limited extent, because, as I say, their fisln
grounds are closed up by ice, and they can't get in there uutil Junft
Their waters are unnavigable for some four or five months on account c
the ice, and their ports all along down are so far north that they an
substantially clo it>d in the winter time.

Senator Edmukds. There is a great deal of the time that the Stn
of Northumberland is closed. • / . i^ii;

DUTY.

The Witness This fish question opens up a wide field for the com
sideration of political economists. From my observation I am led
the conclusion thac, taking the duties as they are to-day, you migli
fairly say that the advantage, if anything, is in favcr of the Canadiaa
even with our duties against them.

By Senator Edmunds : ^ :;. :'

Q. You are speaking of salt fish ? — A. Salt and fresh, all kinds.
Q. There la no duty on fresh fish now 1 — A. No.

'<■■■• ^JJ:Mi: '^:'- ' SALT AND FRESH FISH. ; ■•'

By Senator Sa jlsburt:

Q. What proportion of the fish caught by our fishermen are fresj
and what proportion salt f— A. I should say that in value perhaps S
per cent, are fresh.

SOUTHERN MAOKEBEIi FISHING.

Q. Do your vessels go down the Southern coast as far as Cape Ha(
teras? — A. Oh, yes; they go down there in the early spring, .>n(i folloi
along the coast during the summer and fish off the Georges.

Q. Does the whole fleet go there, or only a part? — A. Only a certa
portion.

By Senator Edmunds:
Q. They only go there for mackerel, I suppose? — A. Ouly forinad
erel. They go as far south as Nantucket for codfish. Our busiuel
has been more largely the catching and marketing of codlisb, bccau
it has been generally more steady and there has been a larger deaa^
for that class of fish.

AMERICAN FISHERY INTERESTS.

7G5

TESTIMONY OF JAMES G. TARR.

■ ' Gloucester, Mass., Ocfo&cr 5, 1886. ?

JAMES G. TAER sworn and eyamined. ^^^ v,j Vo *f ?i -^X

By Senator Edmunds: ', ! ' : ■ - - i •■^r: ' " '"■■■''-'

Question. What is your age? — Answer. Fifty-six. , ;

Q. Where do you reside! — A. GiOuce8fc*;r.

Q, What is your occupation I — A. Commission merchant. .: /y*

Q. And owner of fishing vessels as well? — A. Yes, sir. t ,.

Q. How long have you been in the business? — A. Thirty years.

Q. How many vessels have you? — A. Twelve.

Q. What kind of fishing have you been engaged in? — A. Mackerel,

lit, and codfish.
Q. Did your vessels fish for mackerel in what we, for short, call Do-

11 waters from 1870 on, during the time of free fish and fiee right
jgoin!— A. Yes, sir.

THREE-MILE LIMIT.

Q, Where were the larger part of the mavokerel up there taken during
lliattime?— A. The larger part were reported by the captains to have
w taken on Bank Bradley and Bank Orphan.
Q. How far from the shores? — A. From 35 to 20 miles. ' ''" ''

i 4 What portion of all the catch you know anything about of mack-
1 in those waters has been taken in the last ten or fitteen years inside
( tlirce miles from land ? — A. About one-eighth of the catch of our vey-

[ Q, Of what value would you regard the right of your vessels, and
pe of people similarly engaged, to fish for mackerel within 3 miles of

isliore up there? — A. Very slight.

|Q, Jlackerel are now taken entirely by seine and not by bait with
Kikaudline, I suppose? — A. Yes, air.

IQ. How far is it necessary for your vessels to go In toward the shore
Kiicenf-aged in luackeiel fishing?

JTlie Witness. To pursue fish? :.,;--;': '-v^c^;cb r.v-- >'

jSeuator Edmunds. For any purpose.
U. Stress of weather, of course, is one of the causes for them to seek

itbors, aud for wood and water. This season we have sent but few,

itliose vessels have been so fitted that they have had no occasion to

■cliase anything ashore aside from wood and water.
IQ Uow much of an incor venienco or loss to your business has it been
fttliey have not been allowed to go in thin year? — A. None what-
|er,

COD-FISniNG. ' * ' :' :

Where has your cod-fishing been done? — A. Principal'y on the
jorges Banks. Wo have had only one at the Grand Banks.

% The Georges are the nearest Banks to this port, are they not ? — A.

^ sir.

■ How many miles is it to the Georges ? — A , Two hundre 1 or more.

■ Take your Grand Banks fisheries and the Banks around Sable
H&c, howfar is it necessary for your cod-fishing vessels to go
Jl^aiiadian ports?— A. Only for wood and water.

And shelter, I suppose, in case of stoim ? — A. Yes, sir.

y.:' K^il

766

AMEKICAN FISHEEY INTERESTS.
SHELTER.

Q. Do the vesscla generally run in from tlio Grand Bauki for shelter
in case of storm t — A. No, sir.

Q. They are too far from land? — A. Tea, sir. So those off tLe Georges]
never run for shelter.

VESSELS AND CZ^^WS. - ;

Q. Is the size of your vessels about the same as has been mcntionedl
by the other witnesses whom you ha^e heard ? — A. Yes, sir.

Q. About what jiroportion of the crews are American oitizeusl— A.
think three-fifths of our crews are American citizens.

Q. You have about the same number to the vessel as the other i
nesses have stated ? — A. Yes, sir.

Q. From twelve to fifteen and twenty, and so on ? — A. Yes, sir.

TREATY OF 1870-'71.

Q. Taking the whole fishery question together, then, do you regan
the rights that you have had while the treaty of 1870-'71 was in ton
of any substantial value ? — A. No, sir ; for this reason : We have seni
for thirteen years past on an average three vessels per season intothf
Gulf of St. Lawrence for mackerel ; those vessels in that time, with i
the advantages of free fishing, have not paid their way; they have ra^
behind and haven't paid their bills.

MACKEREL CAUGHT IN AMERICAN WATERS iND IN CANADIAN.

Q. From 1870 down to this time what proportion of the whole catd
of mackerel that comes to this port have been caught in these northerj
waters, as against the proportion caught in what we would call Anierj
can waters, or along our own front? — A. I should judge the Americ
catch in the provincial waters would not show more then oneflftlii!
the whole catch in the fifteen years.

Q. Then in a long series of years by far the largest part of the mac|
crel caught are taken off our own coast? — A. That has been my ofl
experience.

Q. During all that period what proportion do you think of those thj
were caught in what are called Dominion waters were taken witii
three miles of the shore? — A. I think not more than one-eighth of t
catch.

\ TESTIMONY OF GEORGE STEELE.

Gloucester, lilASS., Ovtohcr C, 1886.J

GEORGE STEELE sworn and examined.

By Senator Edmunds :
Question. What is your age ? — Answer. Nearly fifty-eight.
Q. What is your occupation ? — A. The fishing business ami iusnraii|
business.
Q. And you are a vessel owner and outfitter as well?— A. YeSjSirJ

AMERICAN FISHERY INTERESTS.

7G7

Q. How loQ{? have you been iu the business? — A. Directly and indi-
I jectly since 1848.
Q, How many vefjSels have youl — A. Twelve.

AMERICAN FISHERY UNION.

A.

Q. Eave you any official connection with the fishery matters !

iTes, sir.
Q. What is that ?— A. President of the American Fishery Union.
Q, What does that union comprise ; what is it ? — A. It is an organ-
.ition which held a meeting at Gloucester two years ago next Decern-
ler, represeutiug the whole of the New England fisheries. At that con-*
mm some seven or eight were chosen as directors, and 1 was presi-

bent of that board.

NEW ENGLAND FISHERIES.

i Q. When you say that it embraced the whole of the Now England
bkries, do you mean that it includes shore-fishing with boats and ves-
klsJ-A. Boats and vessels ; it includes the whole ; every thing on the
lew England coast.

[Q. About what proportion of the American fishing interest is com-
Wd in what you call the New England fisheries ?
I Tlie Witness. To include the boat business ?
Seaator Edmunds. To include the boat business.
A. I should think it would be nearly 80 or 90 per cent.
Q. Are there any cod-fishing and mackerel or halibut fishing vessels
Ktwl out iu other Atlantic ports outside of New England ? — A. Not
m I know of, unless it is in the Gulf States and on the Pacific.
JQ. 1 am speaking of the Atlantic. — A. No, sir ; none that I know of,
] any amount.

(Senator Edmunds. I am under the impression that there is possibly
Bin New York and possibly one in Philadelphia.
jihe Witness. There might be one in New London.
ISenator Edmunds. That is in the New England district. Then, sub-
pntially,for the fishery question we are inquiring into — and you might
dade the whale fishery as well, but no matter for that — I understand
|»t the fishery that brings us in contact with the British Provinces is
tied on in New England within the province of your bureau!
Tie Witness. Yes, sir; and I suppose you know, of course, that the
Je fisheries are interested as we are.

ienator Edmi^nes. Yes, I understand that. But the lake fishery is
Btly done in boats, is it not ?
|he Witness. Yes, sir.

Aud that is not within your New England American Fishery

N, is it?— A. No, sir; they are not in our organization, but so far

Itkeirfish are concerned I was surprised to learn at Sandusky and

do that their fresh-fish business causes theui to be interested in the

li business on the New England coast.

And then when you add to that the interests of Lake Superior,
W Huron, and of the Wisconsin people, it increases the scope a great

1 more!— A. Yes, sir.

COD-FISHING.

■ Taking the first, or some line of inquiry yon have heard ns carry-
Ion here, you may tell us, beginning with cod-fishing vessels, whei^

Igotwflah.

7G8

AMEEICAN FISHERY INTEBESTS.

The Witness. You would like my experience with my vessels in
1886t "

Senator Edmunds. Take those vessels for the last ten years; where!
have they gone to fish I ,

A. Hand-lino ilshing ou Georges Bank and other Banks nearer- ths
Western and Grand Banks.

Q. Where is the trawl fishing carried on for cod ?— A. Mostly on thj
Western and Grand Banks. ;

TRAWLS AND HAND-LINES.

• Q. Which is the more successful kind of fishing, trawl, or baud linej
fishing ! — A. I should think, for the owner, the hand-line lishing wa
the most favorable.

Q. How for the fishermen themselves ? If they all go on the lay, wliy
do you make that distinction?

A. The expense of fitting a vessel for trawling is greater to the owner^
but I think, as a general thing, the men will make more for their shn
by setting thousands of hooks than they will by just attendiug totwa

Q. How long are these trawls ! — A. If I understand rightly aboutiU
when one of these large vessels has all her trawls out they will extend
over some 6 miles.

Q, How long would each trawl be t — A. I could not say exactly abott^
that ; I am not so well posted.

Q. As we Yankees say, you can give a guess. — A. I could not tellyoi^
exactly ; I do not know about that.

Senator Edmunds. Is there not a fisherman present who can telj
about the ordin.ary length of a trawl line?

The Witness. It would be merely guess-work on my part. I am jiisl
informed by Captain Smith, now present, that they have about 25 or I
lines upon a trawl, which average about 30 fathoms to a line.

Senator Frye. Six feet being a fathom ?

The Witness. Yes, sir.

...-.■....•;-.v.i.- ..,.. BAIT.

Q. (By Senator Edmunds.) Have your cod-fish vessels htul any uece
sary occasion to visit the British Provinces?

The Witness. Do you wish the experience of 1886 ?

Senator Edmunds. Ko ; 1 am speaking now of the ten years pas^
We will come down to 1886 by itself.

A. They have always more or less taken oaitfrom the Provinces lat<j
in the season ; the first of the season we get bait more ou the America
coast.

Q. How often have your people got bait in the British Provinces !-J
I should think their bait bills would amount to not less than $3,0"'
and from that to $5,000, for my fleet of vessels.

By Senator Saulsbury :
Q. Is that the annual co8t?--A. Yes, sir; that is the annual co^
I have the exact figures at hand.

By Senator Edmunds :
Q. That is near enough for our purposes. That privilc},'o being dj
nied you, how do you get bait; what do you do? — A. I shall Iwvef
tell you what we have done this year when denied that privilege.
ha.ve had five vessels down there at Grand Banks fishing in the y«
1886, and with one exception they have not taken any bait on tlielfofl

AMERICAN FISHERY INTERESTS.

7G9

Scotia slioir. All tLeir bait was taken here in March and April. They
Diailo their trip to the Western Banks and then (janio home and went to
Fortune Hay and St. Pierre, Newfoundland, and took their bait there
once or twice, and went to the Grand Banks. They have all of them
miide from one to three trips each, and witli>the"one exception 1 have
i nientioued have not taken bait upon the Nova Scotia shore.

Q. IIow did the catch of the vessels that carried their bait from here
I compare with the one that got bait on the coast i — A. They got as many
jfisiijifuotuiore.

Q, But I suppose it is a saving of time in going to the shore if they
[can buy bait? — A. Yes, sir.

Q, Taking the cod-fishery, then, what, in your opinion, is the value
[to tlie American fishing interest of the right to get bait on British
Isliores!— A. Nothing whatever.

Q. You would not care anything about it 1 — A. No, sir ; I do not

liiuli tliere is anything, any privilege whatever, that they could give us
lor deny us for which we would be willing to admit their fish free into
lourmarkets.

MACKEREL FISHERY.

■

Q. Now we come to the mackerel fishery ; have your vessels been up
into what we call British waters for mackerel during the last ten

Ijears?— A. Yes, sir.
Q, Where hive those mackerel been caught? — A. They have been

Imght mostly on this shore.

By Senator Frye :

Q. The American shore ? — A. The American shore.

By Senator Edmunds :

Q. I am speaking of those that have gone into what we call British
MtiK, Where have the fish been caught down there? — A. Mostly
|ilioii this shore, except this present season ; the largest part of the
atdi has been on this shore.

THREE-MILE LIMIT.

Stnator Frye. You did not understand the iiuestion exactly. The
iairiuau asked you what proportion of the mackerel you captured in
British waters were captured outside of the three-mile shore line, and
hat proportion inside of the three-mile shore line.
I Tlie Witness. None whatever have been caught within the three

I to my knowledge.
IQ. (By Senator Edmunds.) During any of the time? — A. No, sir.
IQ. The best place to get them is more than three miles off shore ? — A.

MACKEREL CATCH.

Icaa State here in round figures, if they will be useful to you, that
Jly four per cent, of the total catch of mackerel in the last 5 years has
^a talieu in British waters, when we had the privilege to fish any-
N we pleased. The catch in British waters amounted to 75,000
ftrels, and the total catch amounted to 1,800,000 barrels.

THREE-MILE LIMIT.

IQ. Taking the 75,000 barrels, how many of those barrels, according
ijour int'ornuition, were caught within three miles of the British
fr6t— A. 1 should not think over 8 per cent, -
S. Vjx. 11.'} 49

770

AMERICAN FISHERY INTERESTS.

Q. How far is it uecesHary for your vessels, that go to the Bay to figh
for inr ckerel, to enter UritisU waters within the three-mila shore linol—A,
I should not think there was any necessity of them going within 5 miles
and from that to 10 and 15 miles. '

Q. I mean for any pur[)ose1 — A. Not for any purpose really, accord
ing to mj ex[ierience, only for shelter and water.

FUEL, SHELTER, AND WATER.

Our vessels are well provided, as a general thing, with fuel, and itig
only necessary to go in for water and shelter, and we do uot require]
shelter in the Bay of Chaleur anywhere until late in the season. In I
June and July they do not require that, even, and it is only occasioDaliy j
that they would have to go in for water.

FREsn Fisn.

Q. Do you bring catches of fresh mackerel from the Bay?— A. Noj
sir.

Q. It is too far for sailing vessels I — A. Too far.

Q. So that you would have no occasion to go ashore for ice f-4
None.

HALIBUT FISHERY.

Q. In your halibut fishery you carry the ice out from here always, do|
you not ? — ^A. Yes, sir.

Q. And stand right straight off for the halibut-fishing ground !-4
Yes, sir. We take from 25 to 40 tons to a vessel.

LANDING PRIVILEGES.

Q. Taking the cod-fishery, the mackerel fishery, and the whole thiiiJ
together, how far do you regard as of any practical value to America!
fishing interests the right to go ashore or inside the threeniile limitj
except for shelter and for fresh water ? — A. I should not thiuii it wa
of any value whatever.

Q. You would not consider, then, that you would make any niorj
money in your business, or that your fishermen would make any moij
in theirs — which is the same thing — if Canada were voluntarily to m
you the free right to fish offshore and return as often as you wished t-j
A. No, sir ; only it might be a convenience.

Q. But, of course, all the time your vessels were in port they wou
not be getting fish ? — A. That is true.

NATIONALITY OF FISHER]yrEN.

Q. What proportion of your men, taking It for 10 years togetli«|
are American citizens'? — A. I should think about two-thirds.

Q. Those men have their residence here or in this neighborhood, |
somewhere along the American coast, I suppose f — A. Yes, sir.
■ Q. Their families and children, of course, have all the benefits |
your schools and everything of that kind ? — A. Yes, sir.

EFFECT OF DUTY ON PRICES.

Q. Do you know anything as to how the imposition of the duty,j
the Ist of July, on Canadian salt fish affected the price here?— A.j
did not affect it at all.

AMERICAN FISIIEHY INTERESTS.

771

Q. The in'ices were not any higher as a result? — A. No, sir.

Q, Nobody niised his i)rice8 ou aucouut of the change of duty in any

[jy that you know of! — A. No, sir.

WHOLESALE AND RETAIL PRICES COMPARED.

Q. Do you know anything on the subject of how the wholesale prices
, ji, as tboy are 8hii)i)ed from this market or bought from the flsher-
Ien,wbcrever they are sold to dealers, compare with the retail prices
J tiie various places where they are sold to the consumers t — A. I
iottld tbink the cost to the consumers would be four times as much
3 the original cost.

I Q. Do you know whether the retail prices of fish, in the sense I am
iking about now, to the people who eat them, vary up and dowu
^tb the wbolesale prices? — A. I don't think they do.
Q. The retail prices are only affected, if at all, remotely and gradu-
al suppose 1 — A. Yes, sir. To give you an illustration : Our vessels
Lly tbo Boston market with haddock. We have sold them at 30 to
(cents a bundred, and yet 'je retail price is G to 8 cents a pound. Oc-
i8ionally,wben the market is not supplied quite rapidly enough, the
rceto us runs up to 2, 2 J, and 3 cents a pound, but 3 cents a pound
fa very large price for us as producers, and they rarely reach that
rice to' tbo producer.

HADDOCK AND COD.

Iq, Are haddock caught in the same places as cod? — A. Yes, sir.
|Q. They school together, and haddock are caught at one haul and
1 at another? — A. No, sir; they generally catch ha^ldock at a drift

ftwwls.

BAIT.

[Senator Edmunds. You can make any statement you desire.
Ilbe Witness. I would like to state that our vessels that have pur-
cur inshore or Georges fishing have produced more fish than
nal, and not one of those vessels has bought any fresh bait what-
Jerintbo Provinces; all their bait has been taken upon our own
merican coast.

DIMINUTION OF FISH SUPPLY.

|Q. I wish you would state, as far as you know or understand it,
letber it is the experience or opinion of fishermen that the quantity
[fish on Georges Banks has increased or diminished. I do not mean
(year rather than aoother, but taking it for, say, 20 years. lias the
jpply kept up, or has the continual catching decreased the stock on
81(11 I know the number varies from year to year more or less, but
felt for a long period of years together. — ^A. I think during the last
jor 20 years they have diminished.
" It takes longer to make a fare ? — A. Yes, sir.

Is tbo same true of the Grand Bank and Western Bank ? — A. I
Bknotas to the Western Bank ; it might be, but the Grand Bank
|»liat we call inexhaustible. It seems to be considered that that is
latTC shall have to rely upon in future for our codfish.

MACKEREL FISHERY IN BRITISH WATERS FOR 1885.

ienatorFEYE. I want to ask Mr. Steele a question about the mackerel
^ry of last year in the British waters, and as to where the fish were

I'i'l in those waters.

■■.*i

1

1

772

AMERICAN FlUUERY INTERESTS.

Tho Witness. During only u small i)art of the season, wLile th*.
Auericau fleet bus been in tbe North Bay, or waters off tlio provinciail
shore, have mackerel been found in any abundance, bnt, Ibrtunatt Ivj
when found, were 10 to 20 miles from shore. Nearly all the pastNeasoii
the native shore-lishermen have been unable to take but very iVf
mackerel, tho flsh keeping wide out from shore, beyond tho reach o^
their small boats. The total catch Miis year by tho proviucial flslierJ
men will be found to bo one of the smallest ft>- many years, ho miidi J
that during the middle of the season at most of the fishing statiooj
they gave up the catch entirely, but later on, as prices advuuced M
were stimulated to make further exertions, because for a short tiiai
mackerel drew in Lear the shore, saving them from what would have \wti
a very disastrous season. These facts are well known by all iiiterefitei
in the business, and can easily be proven if necessary.

This season, up to the present time, adds still another year to th
manj' past showing that tho inshore fisheries of the Provinces are c
no value to American fishermen.

mUAL LOSS

COMPAl ATIV]

QUANTITY OP MAOKEEEL TAKEN IN THE PAST TIVE YEAES,

Senator Feye. State as to tho amount of fish taken tho past fi^
years.
The Witness. This table will show that :

Tear.

1881

188SS

1883

1884

1885

Total

Total catch.

Barrelt.
301,657
SlH, 8t)3
220,085
470, (IIH
378, 515

1,861.7^8

Cttchofp
viocialilwii

BarrAi. i

These figures show that only about 4 per cent, of the ajjj^regatecad
were caught in provincial waters in the last five years, during wh
time American fishermen had the i)rivilego to flsh anywhere.

''■■■'-' -.-'V ■<-=:>'■ INSURANCE. ^ '-^"•'•'■' "

By Senator Feye ;

Q. You stated that you were president of an insurance coinpaiiy|
A. Yes, sir.

Q. Are you president of a mutual insurance company here ?— A.
sir.

Q. The bulk of your insurance is of what nature !— A. On flsh
vessels.
.; Q. Stock, or mutual company? — A. Mutual.

Q. What is the average cost of insurance for those fishing vessdsj
nually ? — A. I should say annually about 9 to 10 per cent.

Q. Nine to 10 per cent, of the full value of the vessel ?— A. Well,]
as valued by the directors.

Q. About what are your annual losses here in fishing vessels H
The losses to our Gloucester Mutual, I should think, would ave^
somewhere in the vicinity of about 7 or 8 per cent.

AMERICAN FISHERY INTERESTS.

773

iSNUAL LOSSIW OF

VESSELS AND MEN
FLEET.

FROM TUE OLOUCESTKE

Q. How many fishing vcsselft on the average are lost here every year t —
I A. I should 8iiy 10 to 15.
Q, IIow many of the inon are lost annuaily ? — A. From all causes 100

I to 150.

COMPAI VTIVE COST OF UNITED STATES AND CANADIAN VESSELS.

I Q, Will you give a statement showing the comparative cost of a lish-
liD" vessel as between the United States and Canada! — A. A United
Isiates flslierman, a hundred-ton schooner, would cost about $80 per ton.
lANovii Scotia vessel, I should say, would cost about $4v/ a ton.

Interest on the $8,000 capital invested in the United States vessel,
jfliicli I sliould call a fair average for vessels, would be $480.

Insiuauco on the same, at 10 per cent., would be about, I should say,

\m.

Insurance on the outfit, at 10 per cent., would be $180.

Deterioration marked off from our new vessels would bo considered

fceBcrally about 15 per cent. ; the percentage is larger on fishing vessels

|tlian oil the coasting vessels ; they depreciate and deteriorate very ra])-
aiv. That I should call aL jut 15 per cent.; 15 per cent, of $8,000

^oiild be $1,200.

Taxes on the capital of au $8,000 vessel here in Gloucester at about
!|)ercent.; what I call city taxes amount to about $100.
The outfits would be about $1,800 on an average. 1 would state here

Ihat our vessel outfits are all the way from $700 to $2,500, and average
out $1,800. Two per cent, of that would be $30.
Duties, direct and indirect, upon vessels, outfit, clothing, andprovis-
[dds, I should say about 30 per cent. Fishermen all wear woolen clothes,
aid it is a pretty heavy tax upon all.

1 Asuear as I can reckon, these items amount to about 30 per cent, on
lie whole.

j Now, as to provincial vessels : ,

Interest on their capital would be $240 a year. V;

j Interest upon outfits and insurance about $400.
I Deterioriation only about, I should say, 10 per cent. I don't think
pose vessels, as a general thing, deteriorate so much as ours, on ac-
mt of the lateness of the season when they start, and they do not fish
ilateiu the year; they might fish from five to seven months, where
[e take from ten to twelve. So that the deterioration is more rapid on
V vessels.

I Duties, indirect and direct, as above, upon English vessels, none, with
p exception of spirits. . . , •

[Taxes, none. " .

BOUNTY. "a

[Q. Besides that, do they pay a bounty to their fishermen? — A. Yes,
■ I may be mistaken, but I think in round numbers it amounts to
It"; ?U,0OO,OOO. I forget the amount, but I know it is a large amount.

EFFECT OF TREATY OF 1854.

U During the pendency of the treaty of 1854 what effect did it have

> the American fishery fleet ?— A. We did not feel the effect of that

Pptocity as much as we did of the recent treaty, first, on account of

774

AMERICAN FISHERY INTERESTS.

there not being the vessels in the business at the ooniincnci'incritoltli;!
treaty; and then, as tlio Hetiator has just su;;^e.st(Ml, wti luul a hoiintf
which expired, it' 1 remember, in 18(»({, of nearly half a million
paid to the fishing interests, of whicli Gloucester received prdlnlii
uomething like $130,U00 to $150,000.

I INSHORE FISHERY.

I

Then, if you will remember, in the year 1800 — I want to say a litt|
in regard to the valuation of the inshore fishery — they Kimrg'ed iis i
cents per ton as license for the privilege of fishing within the three i
Then we had some three hundred and odd licenses. In 1808 tlm Wmi
was carried up to $1 a ton. Then the luimber of licenses wasrcdiim
and came down to 150 sail that availed themselves of that privilege.
1809, when the license went up to $2 a ton, it wasabuost proliiliitur
There were only about 13 vessels took that license.

I CANADIAN LICENSES TO FISH.

I

Q. That was the Canadian license for fishing in their waters H
Yes. I only state this to show the little value we put upon thatiiishq
fishing in those 3 or 4 years up to 1870, with the $2 proliibitorylieeni
They would not pay that amount for that privilege; th(\v didn't tliij
it worth it. The number of licenses had dwindled down lioiii 300tol|

EFFECT OP THE TREATY OF 1854.

As far as the treaty was concerned we did not feel tliodisadvanfag
at first, because at flrdt we had a bounty, as I say, and then the Eiigl^
fleet was very small indeed. But they were afterwards stimulatcil.

TREATY OF 1870-'71.

' Q. Now come to the other treaty. — A. After the other treaty of 1^
of course they increased rapidly. They are almost fourfold I mil!
say, while we have really diminished.

i By Senator Saulsbury :

Q. Have you diminished in tonnage as well as the number of vessel
— A. I should think we have diminished more in number than iu
nage, because our vessels have been built on a larger scale ; but!
course I have not those statistics and have only general knowledge.j

By Senator Frye :
! Q. Was your actual increase in tonnage the last C or 8 years at a
proportion to the increase in the demand for fish product?— A. No,j
Q. Suppose you had supplied the American market the last 10 ye
how much larger would the fleet be than it is to-day I — A. I should t"^
it would be one-third larger. I think we have the facilities on I
coast and in our harbors to take all the fish that the people of]
United States want, even if our population amounted to 100,000,^
if we could only have the demand for the catch.

GRAND BANKS INEXHAUSTIBLE.

Q. In your judgment would the price of fish be increased to tbe|
sumert— A. I think not. It is well said that when the New Eng^

I

AMERICAN FISHERY INTERESTS.

77r.

liiilieniH'ii Rot on to any liaiik it is only i <|ueHtion of tinio v\ Iumi tlu^y
willcl(>»n np that Hank of lisii, oxucpt one Jtank ; an I naid before, the
Grond Jiank Hueins inexlianHtibht.

FREE FISn.

Q. What, in yourjndfjinont, lias been the effect of allowinfj fresh ilsh
locoineia free for general market nnchir this clause of the tariff, '' Fish,
fresh, for immediate consumption " 1 — A. 1 tiiink it has been a detriu.^int
tou8. I think they ought not to come in free. 1 think the fresh-Ush
bnsineHH is going to bo the largest part of the business within tw(^nty
years. What with the refrigerator store-houses and cars, taking them
allovor tiio country as they do, J think the time is coming when fresh
fish will take precedence of salt fish, because, aa a general thing, peo-
ple like to eat fresh lish in the room of salt if they can get them in good
order.

FRESH HALIBUT ON ICE.

Q. We saw this morning a cargo of h.ilibut being landed at your
wharves; how long had those halibut probably been on that vessel t —
A. Probably a fortnight or three weeks.

Q. Were they in good condition as they wore landed! — A. 1 should
say thai they were ; yes.

Q. And they had been kept in ice ? — A. Yes, sir.

Q. Keeping them in ice is a new thing, is it nott — A. Yes, sir.

Q. After those flsh were landed they were boxed in ice f — A. Yes, sir.

Q. For what market f — A. Principally for Boston and New York.

Q. When they arrive in New York and Boston, what is done with
them t— A. They are distributed all over the country to the consumers.

Q. In refrigerator cars ? — A. Yes, sir.

Q. And preserved in refrigerators in the market?— A. Yes, sir.

Q. For how long may those fish be kept in good condition ?— A. An
imli'iiiiite period, I should say ; as long as they can be kept frozen,
whether one year, or two, or three. << > ?■> i i ;

• By Senator Edmunds:

Q. They are frozen at New York and Boston? — A. Yea, sir; they
a refrigerating store-house in Boston where they are frozen, and re-
main, I think, an indefinite period. J !'

SMOKED HALIBUT.

By Senator Feye:

Q. Suppose this cargo of halibut which was being landed Iiere this
morning shoidd be boxed and sent to New York, is there anj thing to
prevent the smoking of all those halibut ? — A. No, sir.

Q. Is there any way in which your collector here could follow those
halibut and see that they were not cured ? — A. I think not.

Q. So that those fresh fish which are brought in frozen may, without
any difficnlty at all, be transported elsewhere and cured ? — A. Yes, sir.

Q. tlow long have the various methods of freezing fish and having
^efrige^ator8 on card and on fishing vessels been in existence ?— A. For
ten or fifteen years in connection with fresh halibut, I should think.

By Senator Saulsbuby :
Q. Do you know whether, as a matter of fact, those flsh that are sent .
to New York and Boston in ice are subsequently smoked and put on
Remarket as dried and salt flsh ?— A. I could not say.

776

AMERICAN FISHERY INTERESTS.

By Seuator Fa ye :
Q. I suppose, as a matter of fact, many of these halibut that come in
fresh — the ■^ray halibut or gray parts of halibut — are subsequently
smoked f — A. Yes, sir. I will say that these halibut that come in liere
are smoked right here, and of course It could be done other places as |
well, if they wished.

By Senator Edmunds :

Q. Why are they smoked here ? — A. Because they make a business j
of smoking them here.

Q. Out of that cargo of, say, 24,000 or 2.').000 pounds, how many I
would be smoked ? Would it depend on the market in New York !— A. I
1 think it depends on the market in New York and Boston, Wheutbev I
run low, as a general thing, they go to the cutters, and are cut up and j
made smoked halibut of.

Q. So that these people whom we saw have these halibut this morn-
iug, if they found that they could not get a profit in New York and]
Boston, would cut them up? — ^A. Yes^ sir. They have a regular agree-]
meet with cutters to take so many all the time when they are not market- j
able, and that depends on the condition of the fish.

SMOKING ESTABLISHMENTS AT GLOUCESTER.

Q. If I understand you, that smoking-establislinient is here atGlon-j
cester? — A. There are some two or three establishnients here.

Q. How extensive are those smoking-works ? — A. Quite extensive.}
They smoke millions of pounds every year. The vessels go out to Fleni- ]
ish (Jap, two-thirds across tiie Atlantic, and the halibut they get areaEj
salted and cut up on board the vessel ; they then come liere, and ofj
course are only suitable for smoking.

Senator Fbye. They pay duty.

Senator FiDMUNDS. They come in American vessels. .

By Senator Frye :
Q. If they came in Canadian vessels now they would not pay any dirty I j
— A. 1^0 ; they can be packed in ice, and also preserved by smoking

DUTIES UPON ARTICLES ENTEEING INTO THE CONSTRUCTION OF VES-|

SELS.

I heard the Senator speak in regard to what duties we are paying.!
I think I can give you a little information in regard to the constructioaj
of our vessels.

Senator Edmunds. State it, if you wish to.

The Witness. The duty on cables and cordage is about 20 to 25 pe^
cent.

CABLES AND CORDAGE.

By Senator Edmunds :
Q. Are the cables and cordage you use imported ? — A. No, sir; tliejj
are manufactured in this country, but the tax I speak of is the tax oij
the raw material, what we call raw manila hemp or manila gra"
as it is sometimes called. There is no vessel sails that uses so manj
pounds as fishermen, on account of their 300 to 900 fathoms of 9 iucB
cable, which weighs a good many thousands pounds. In fitting oat^
vessel they will ut>e 6,500 to 8,500 pounds of that manila, which w i
very heavy tax.

AMERICAN FISHERY INTERESTS.

777

Q. Do you know if that duty that is paid ou tlio raw material wrre
taken off the purchaser whether the cordage would cost auy lejsT Is
that clear to your mind ?— A. We^I, I don't know. Of course it is a

1 nnestion. Combinations are very strong in New York with ui:"i money
poffer, and I think to-day manila is two or three cents higher than it
costs to manufacture it on account of the ring. Whether they could
snstain that or not with the duty off, I don't know. But really we are
in the hands to-day of, oay, four men, who control the whole importation

I of manila grass.
Q, Youknowthe experience in takingoffthe duty from tea and coffee? —

I A. I don't think we should feel any benefit to take it off.

DUTV TAKEN OFF BY aniPPING ACT.

By Senator Frye :

Q. Do you know, as a matter of fact, that the duty was all taken off
I to fishermen, in what was known as our shipping bill, at the last session
I of Congress?

The Witness. Was it f

Senator Frye. Yes ; that is to say, under the law passed last winter
la fishing vessel now has all the benefits which were giv^en to our ships
|bnilt for foreign trade.

The Witness. Do I understand you that there is no duty paid upon
[any manila we now use upon vessels ?

Senator Frye. I do not know whether it would include manila. A
lilrawback is allowed.

The Witness. We have never had any drawback here.

Senator Frye. Then the law has not been enforced.

The Witness. It takes effect some time in the future.

Senator Frye. I know I had a provision put in the bill in the Senate
[fliich extended to fishermen all the privileges allowed to vessels built for

; foreign trade, so that your vessels have the same privileges that are
[lUowed to vessels engaged in foreign trade.

Senator Edmunds. Does that apply to the manila brought in for

Brdage?

Senator Frye. That would be American cordage.

Senator Edmunds. Undoubtedly, if he bought his cordage in Lor.don

le would find he could not get it an,r cheaper.

ANCHORS AND CHAINS.

The Witness. If we wanted chains to-day for the vessel vre would
|ave to pay duty, but if the vessel should go into Halifax and buy them-
ponld save the duty.

Senator Edmunds. How much would it savet

The Witness. A cent or a cent and a half a pound^ not over 2 cents;
k a saving of 1 to 2 cents a pound on chains is quite an item. So it
pld be on anchors or any iron in the construction or running of a
filing vessel.

RUSSIAN BOLT ROPE.

U would say now that there is a duty on Eussia bolt rope of 3 cents a
pud oa tiie manufactured article, because we can't manufacture it in
peountry on account of not having the Itussia tar, ^hich makes it so
fppleand pUable; that quality is given to it by the tar that they uso

778

AMERICAN USHERY INTERESTS.

Pisn-nooKS.

I heard some gentleman ask this morning about books. There is ai
duty of 45 per oeat. on hooka manufactured in a foreign country, and!
yet they won't allow you to import steel, from which hooks are niiide 1
without paying a duty of 60 per cent. I dor't know why it is. AViivf
should there be a duty of 45 per cent, on the manufactured article, ml\
60 per cent, on the raw material*? We could compete in this country!
in the manufacture offish-hooks if we only had that raw material cheapen

By Senator Edmunds:

Q. Are the American hooks made from imj)orted steel ?— A. Not
much now as they used to be; the duty is to high.

Q. Is there any diflicalty in manufacturing American steel that 'd
good for fish-hooks? — A. They do not ocem to prove ?o good asageoJ
eral thing. No hook that we can get ia equal to the imported Scotcif
hook.

Q. That is on account of the Scotch wire, I suppose ?-rA. Onacconnj
of the Scotch wire.

WIRE ROPE.

By Senator Saulsbury :

Q, What articles are there entering into the construction and eqni|
meut of one of your fishing vessels which have to pay duty, hesidescon
age, iron, &c. ? — A. I have spoken, of course, of the anchors and chaind
then there is wire rope, on which there is a duty of sometliiug like 45^
78 per cent.

Q. Do you use much of that? — A. We are using more and more fij
the standing rigging of the vessel, and we are trying it as an expon
ment for cables.

Q. And there is a duty on the raw material that enters into yo^
cordage ? — A . Yes, sir.

Q. Now, if those duties y^ere taken off of the manila and other tiling
ought you not to be able to buy those things cheaper in this maria
than now ? — A. Yes ; I should say of course there would be a gn
saving.

DUTIES ON ARTICLES OF CONSTRUCTION AND OUTFIT.

Q. Gan you form an estimate of the amount of duties paid upon
vessel, say of 100 tons, upon the material entering into her constn
tion and outfit? — A. I should say, to the best of my judgment, itwo^
be 30 to 35 per cent.

By Senator Edmunds:
Q. That is, if the whole duty is charged to the person who puts itj
the ship? — A. Yes, sir.
Q. And whether it is or not is the question? — A. That is it.

RATIO OF MARRIED TO UNMARRIED FISHERMEN.

By Senator Saulsbury:
Q. Some inquiry has been made about the number of fjslicrinen.j
would like to ascertain, as a matter of information, about the ii'iml
of men engaged in fishing, as to whether they are men usually of M
lies, or whether a large proportion are single men? — A. A large pnj
tion of them are single men, young men, on account of the hazaro*

AMERICAN FISHERY INTERESTS.

779

cbaracter of the business. A younger class cf men go in the fresb-fish
.ImsinosH than in other kinds of fishing, as a general thing. They are
obliged to go over the rail and get into a boat and go out, and after a
man gets to be over 35 he wants to remain aboard and fish from the ves-
sel. So, as a general thing, where they have to leave the vessel to pur-
sue tUo fish^ whether mackerel or trawling, they generally have younger
men.

Q. What proportion of your fishermen do you suppose are over forty
years of age 1 — A. I should think about one-third. If you noriced the
vessels wo passed this morning you saw what young-looking men they
were, from eighteen to twenty-two, I should think. The best class of
men that we have for fishing, I think, as a whole, are employed in our
mackcel catchers, and the next grade I should say would be in the
freshlialibut business, or in the fresh-fish business anyway; itis aquicker
business.

FISHERMEN GOOD MATERIAL FOR SOLDIERS AND SAILORS.

liy Senator Frye:

Q. On the whole, what kind of sailors are thoy ? — A. I don't think
the world can produce better.

Q. During the last war did they take any part in the conflict ? — A.
Yes, sir ; by the hundreds. I don't think there was a naval vessel afloat
ia those times in which the fishermen of New England were not repre-
sented. We sent a regiment of soldiers from Gloucester. That has
oeen a characteristic in our wars, especially during the war of ISlii,
where we responded at Marblehead, and braver men and more daring
I don't think ever existed.

■■iiii

!■:•!( a* I

naturalized CANADIANS.

Q. How do you find the Canadians who come here and learn the trade
of fishing, as you all agree about thinking they do ? How do you find
them after they become naturalized citizens ? Are they of American
sentiment ?

The Witness. You refer more to the men from Nova Scotia, I pre-
same.

Senator Frye. Yes.

A, Yes, sir ; you had a fair sample yesterday, on the stand, of one of
our naturalized citizens. Quite a number of these men are now men of
property, and some of them are our best citizens, and as true and loyal
Americans a^^ I am myself, or any other man in Gloucester. I think their
^ )le interest is with us.

TESTIMOFT OF DAVID S. PEESSON.

Gloucester, Mass., October 5, 1886.
DAVID S. PRESSON sworn and examined.

By Senator Edmunds :
Question. State your age. — Answer. Forty-eight.
Q. Residence. — A. Gloucester.
Q. Occupation. — A. I am collector of customs.
Q. What business were you in before that ? — A. In che fishing busl-

780

AMERICAN FISHERY INTfiRESTS.

PISHEEIES OF GLOUCESTER SINCE JANUARY 1, 1885.

By Senator Fr YE:

Q. Have you resporded to the letter directed to you by the sabcom-
inittee? — A. Yes, sir; I have the statements here.

Q. You may give us, then, first, the whole number of vessels licensed
at this port since Jarxuary 1, 1885, in the fishing busine8s.-=-A. Above
20 tuns there were 384 vessels, amounting to 26,499 tons ; under 20 tons
there were 54 vessels, amounting to 009 tons ; in all, 438 vessels, 47,038
tonnage.

Q. Were any of them propelled liff steam 1 — A. None of them pro-
pelled by steam ; all propelled by sat!.

NUMBER OF VESSELS CLEARED FROM GLOUCESTER FOR BRITISH

NORTH AMERICAN PORTS.

Q. Now you may state the whole number of vessels cleared for any of
the ports of the British North. American Provinces during the same
time. — A. :

Number of vessels cleared for ports in Nova Scotia, <fo.

Vessels.

Number.

Tonnage,

British, &c., vessels (steamer)..

British, &o., vessels (barks)

British, &o., vessels (sohoocers)

Amorician vessels (bnrlis)

Aiuerican vessels (schooners) ...

Total

1

i,3ai

23

14, 2«

116

10, 2«

2

894

68

3,99

200

30,304

Q. Do you know what proportion of these were fishing vessels t— A.
None of them were fishing vessels.

PAPERS TAKEN BY PISHING VESSELS.

Q. As to those fishing vessels, what papers did they take out!— A,
They took out an enrollment and license, and in a majority of the (jasesj
this year they have taken out a permit to touch and trado.

Q. Have you a form for one of those permits to touch and trade f-j
A. I have. This is the form :

Cat. No. 488.

permit to touch and trade.

United States of America,
District of

Fort of ,

,188.

named tbe ^"'1

was licensed for catrying on the fishery,!

, collector for the district of , in the State of , on the

Permission is hereby granted to
burden , which

-, master of the

by- .

day of , to toach and ti. de at any foreign port or place during her voyage pi

ently to be made.
Given under hand and seal, the day and year above mentioned.

~~ CoUictor-

Naval Officer.

AMEIJICAN FISHERY INTERESTS.

781

Q. Do you kuow whether those permits to tratlo luive beou rocofjnized
by tlio British authorities ? — A. lu all cases that have been reported to
tiie ofliee they have not been.

Senator Frye. You may make that permit to touch and trade a part
of your evidence.

the Witness. You will see by the blank form that it is good for only
one voyage. Two hundred aa«1 fifty-four fishing vessels have taken per-
inirs to touch and trade, issued under section 43G1, Revised Statutes,
and no fishing vessel has taken regular clearance. Three hundred and
fifty-nine permits were granted.

IMPORTATIONS OF FRESU FISH AND DUTIES COLLECTED.

Q. Now you may iicate the total number of pounds of fish imported
(luriuj? the year. — A. The total number of pounds of fresh fish imported
(luring the year wr.8 1,186,700, and the duties collected on 28,464 pounds
amounted to $142.22,

Q. How did you happen to collect the duties on any? — A. Those were
the halibut that were not fit for the market and went to the cutters ; on
that my predecessor, Oaptain Babson, was allowed to collect the duties.
He made the po. "Hh the Treasury Department that all should pay,
but the Departm'jnt aecided that only those that were used for smoking
or curing should pay the duty.

Q. The reason why Oaptain Babson was able to get at the proportion
ofthatcai go of halibut that was cured was because they were cured
herein Gloucester, was it notf — A. Yes, sir; 224,000 pounds of those
fresh fish were halibut, and 962,700 pounds were fresh herring.

Q. Suppose, instead of being cured here, they had been sent to liTew
York, would the collector have known anything about it I— A. Nothing
at all, and none of the duties would have been collected.

Q. Is there any diflttculty about bringing cargoes in here, entering
them here, and 8hii)ping them to any port of the country? — A. No, sir;
thoy can be boxed in ice and entered " for immediate consumption."

Q. And t^je fact that the collector did succeed in getting the duty on
28,464 pounds was because they were cured here right under your eyesf
-A. Yes, sir; we could see them. We had a person attend to the de-
livery of the cargo, and on all that were aot shipped off wo collected
duties.

IMPORTATIONS OF SALT FISH AND DUTIES COLLECTED.

Q. Please give the number of pounds of salt fish imported. — A. Num-
ber of pounds of salt fish imported :

Co(lfi8h,&c pounds.. 2,961,4-0

i Msckerel bairols.. 080

Herring pounds.. IbO.OOO

Do •. barrels.. 25

Bake pounds.. 206,200

Oil gallons.. 1,725

I Amouut of duty collected $10,174 35

By Senator Edmunds :
Q. Was that whale oil? — A. No; it was fish oil, probably imported
[from Newfoundland — imported before I became collector.

By Senator Frye :
Q. Do you know anything about the importations for the year be-
Ifore!— A. No, sir ; I haven't got those figures.

782

AMEltlCAN FI811EUY INTERESTS.

STATEMENT OF NOVA SCOTIA VESSELS ENTERING AND OLEAUINO AT

PORT OF GLOUCESTER.

9. Have you any other statement that you liave prepared I—A. I
have a statement here in reUition to the Nova Scotia vessels enteriug
and clearing at this port for the purpose of fitting out this last spring
when our vessels in tJie Canadian ports were refused that privilege. '

Q. Please give us that statement. — A. It is as follows :

Statement 0/ Nova Scotia vcaaeU entering and clearing at port of Gloucester, having rwi.uJ

said port for purpose of fitting.

Vessels.

Schooner Circassian, of Argylo, N. S

Suhoonor Maria, of Argyle, N.8

ScJioonciT Koseuoutli, of Pubuico, N. 8

Soliooner Byron, of Pubnico, N.S

Sclioonur Fcstiiia Lonto, of Lookuport, N. S

Sclidontir Anna llobnrtHou, of Lockoport, N.S

SchoonurGouuva, of Lunouburg, N.B

Tons.

116
1U9
110
121
81
05
107

No. of
men.

7
9
10
10
10
10
17

Entered.

Mar. 10
Mar. 11
Mar. 1")
Mar. 17
Apr. 20
Apr. 30
May 15

ClMrtd.

Uar. It

Mar. u

Mar, 22

Mar, It

May (

May (

May 20

The schooner Circassian, of Argylo, was fitted with bait, stores, and
provisions for cod-fishing. The schooners Maria, of Argylo, and Kose-
ueath and Byron, of Pubnico, were cod-fishermen. Tbo other three
were mackerel fishermen.

Q. These were English vessels! — A. All English vessels.

AMERICAN PORT PRIVILEGES AND CHARGES.

Q. Is there anything to prevent a Canadian vessel from coming here
and lying at this port as long as she pleases ? — A. They arc obliged to
report within 24 hours to the boarding officer, and are obliged to enter
within 48 houi'S, unless detained here by stress of weather.

Q. What is the charge for entry ? — A. Three cents a ton for tonnage
dues ; the entering and clearance fees would be 5.G7 cents, I tiiink.

Q. Is there anything in the custom-house rules or regulations to pre-
vent their men from landing and going where they please ?— A. No,
sir.

Q. In other words, the Canadian vessel has the same privilege that
an American vessel has ? — A. Yes, sir.

Q. To buy bait or anything else ? — A. Yes, sir.

THE CASES OF THE SCHOONERS RATTLER, CRITTENDEN, AND MOLLIE

ADAMS.

The Witness. I was inquired of yesterday in regard to the schooners
Battler, Crittenden, and Mollie Adams.

By Senator Edmunds :

Q. Are those statements which you have filed in your ofBce !— A.
Yes, sir ; they are copies of the depositions of the masters that I took \
and forwarded to the Department.

Senator Edmunds. You may make those a part of your testimony.

The following are the papers referred to :

Affidavit of Auguatua F. Cunningham aa to the Rattler,

I, Augustus F, CuQuingbam, master of schooner Rattler, of GlouceHtor, being dnlyj
Bworn, do depose and say : 1

That ou Thursday, July 8, 1886, we sailed from Gloucester on a mackerel cruise. On j
Tuesday, August 3, having secured a fare of mackerel and while on our iiassage hom^j

it7p. Di.j ilio wind
loided, witii twolai
Scotia, for uLel for.
Juitt inaide of the
Terror, C'ai)taiu Qui
(iini) ulougftide, and
barbor. My reply v
of owner and cap'tai
I li'Ming auy of the c
liuDs. Boarding lis aj
noD ou board of us,
miut enter at the cm
».-evolvoraiid a boa
femoj; to riwk the da
I lidve short, the main
I mill to tiro a revolvei
on board the Terror, .
I from (he Terror, comi
J each of his two men
I IJui^lcy were that I
I officer at Shelbnrue.
I ilie niaiusail. The bo
I aifl Quigley on board
liothe night, and ordi
llonsethere. I asked]
lioase. His reply was
Ifonrreturn show your
jvessel was iu charge oi
I will allow the captain

llisdoryandtwomen,
loffin their dory, and if

lorshoothimas thecasi
Ididnot allow a vessel a
linii why the law was 1
Iwereabenofltto Ameri
I At daylight we got nn
Ifcnr more armed men ca
llweiit on shore with L
■ittwofld, who, after luc

■entered and clearedibe
iMtoexhibit my clear;
J i nimid state that wl
f'«<Twljii.st ahead of u,
|«iglit, which sliowed p
Pf-itmcnt in Canadian
IHalil.ix informed me i]
PraiTican vessels.

1 During the whole die
|rf''-'"t'0",tothe8ar
■ lldeemmytreatmen
JJirnational courtesy tl
P^uedbyC'apt A.F.<
pliassengcr.

Affidavit of

LiJ''"^l'hE. Graham, ri
K, do depose and hV
Patm the month of.
f m.v passage home froi

F.Pacemfunnedmet
K«g this informat

p««igriivc,ati3dn]y

AMERICAN FISHERY INTERESTS.

783

it7n. m., llie wind blowing hard, tho sea boing rou^jh, and onr vessel being deeply
loadt'd with two large seine-boati on dock, w > put into the harbor of Sholburne, Nova
Soitia'forHhelter.
Just inside of the harbor we were hoye-to by a gun fired from the Cana<lian cniiser
Tirror, Captain Quigiey, ant' came to anchor. Immediately a boat from the Terror
ciimi ulougHide, and its commander, Lieutenant Boimott, asked why we wore in tho
liarbor. My rejdy was, " For shelter," Taking then tho name of our vessel, names
of owner and captain, where from, where bound, and how many fish we had, and for-
bidding any of the crew to go on shore, he returr 1 to the Terror for further iustruo-
tiuD9. Boanling ns again after a lapse of perhaps furty-ftvo minutes, he ])ut two armed
men onboard of us, asked for our crew-list, and i^aid if I remained until morning I
must enter at the custom-house, bat if I could sail in the night, to tell his men to tire
j.-evolvor and a boat would be sent to take thoui olF. At 12 o'clock that night, i»re-
ferriu" to Tiak tho dangers of the sea to the danger of seizure, I ordered the anchor
i liovesiiort, tho mainsail hoisted preparatory to sailing, and told one of the Terroi-'s
I nifii to (ire a revolver, which he did. Receiving no reply and seeing no signs of life
onboaril the Terror, I ordered the revolver, to lie lired again. This hrongiit a bout
from the Terror, commanded by Lieutenant Bennett, who boarded my schocmer, gave
eacliof Ills two men on board an extra revolver, and told mo the orders of Captain
|Uiii;;ley were that I should not leave tho 2>ort until I had reported to tho customs
officer at Shelburue. Upon receipt of these orders, I paid out the chain and lowered
ihe niaiuHail. The boat went back to the Terror and immediately returned with Cap-
uiaQiiigley on board. He denied the permission giveu me by his first officer to sail
I Id the night, and ordered me to go to Shelburne and enter, and clear at the custom-
house there. I asked him how I should go, as we were 8 miles distant from the custom-
ikoiise. HIh reply was, I "don't care, sir, how you go, but you must go there, and on
lyonrretnm show your clearance to me or suffer tho consequences." He told me my
I vessel was in charge of his two men, and to them he gave these orders : "Gunner, you
I will allow the captain to proceed to Shelburne with the vessel, come to anchor, take
liisdory and two men, no more, and go on shore to enter ; allow them to brinfj nothing
I of in their dory, and if a man puts his hand on tho wheel to go to sea, chop his arm ou
loTBhoot him as the case may require." I asked him if the law was not very strict that
Ididnot allow a vessel arriving at night after office hours to proceed before daylight,
liid why the law was thus enforced. He replied, "To prove that Canadian harbors
here a benefit to American fishermen."

At daylight we got underway and started for Shelburne. and Lieutenant Bennett and
I four more armed men came on board. W© arrived at Shelburne about 4:30 o'clock a. m.
Iheut on shore with Lieutenant Bennett and his boat's crew, and woke up Collector
littwood, who, after inquiring of the lieutenant if there were any charges against me,
lenteredand cleared ihe vessel. On my return to tho vessel the lieutenant requested
laie to exhibit my clearance, which I did, and we were then allowed to depart.
I 1 would state that when we first entered the harbor of Shelburne a Canadian vessel
I'qtored just ahead of us, and she was unmolested, sailing at her xdcasure during the
Might, which showed plainly that an American vessel was not accorded the same
Itatmeut in Canadian ports as are Canadian vessels, although, as the collector at
lEalifux informed me in June last, the same laws apply to Canadian vessels as to
Ikcricau vessels.

During the whole difSculty my langnage was respectful, and I quietly submitted to
Itkdeteutiou, to the sarcastic language and overbearing conduct of Captain Quigiey;
Iktldeem my treatment and detention severe and unjust, and an outrage upon the
■itkrnational courtesy that should exist between two iriendly nations.

iiigucd by Capt A. F. Cunningham, and also by Lawson C. Rich, of Canton, N. Y.,
ppasiieDgcr.

Affidavit of Joseph E. Graham as to the case of the Crittenden.

, I, Joseph E. Graham, master of schooner A R. Crittenden, of Gloucester, being duly
Worn, do depose and say :

I That in tlie month of July last, I think on theSlst day, I was in tho Straits of Canso
Pmy passage home from a fishing trip. Thinking I had a right to fill water under
pe treaty of 1818, 1 stopped at Steep Creek for that purpose. Tho customs officer at
Mt place informed me that if I filled any water, my vessel would be seized, and upon
Keiving this information I immediateJy sailed without water, and in consequence
pwere on short rations of water during the passage home. In my passage through
^straits two of my men went on shore. I was then continuing my passage through
'Miaits, as 1 r.ado no stoj) after leaving Steep Creek.

>^''"'"'"g thiough the straits ou my second voyage, say ou August 4, I stopped at
prt Mulgravo, ami duly ontej-ed ami cleared, and one of tho men who had gone on

784

AMERICAN FISHERY INTERESTS.

«horu tbo previous trip oamo on board. On uiy passage boue from the fwcondtrin
say August 27, while coming through the Straits of L'anso, a lack of wind (liMonahiei!
us to stem the strong tide, and to prevent going on shore, we came to auchur m i'l,,,
Mulgrave. Upon going on dhoro I was inforiu|jd that my vessel was seized foriandiii'
men and lilting water, and a line of |400 imposed, which I deposited with the collector
of customs. I protested against the payment of said line, bolioviug that I viulaini
neithei' treaty nor law, preferring, as my action shows, to put my crew on short wattt
rations rather than do anything illegal.

JOSEPH E. GIUnAM,
Master of Schooner A. li. C'rittendin.

We, Robert Sawyer, Robert Jameson, Alonzo Callahan, of the crew of schoontirA.i
R. Crittenden, having knowledge of the facts contained in within ailldavit, do swear I
that within aiUdavit is trae ia every particular.

ROBERT SAWYER.

ROBT. JAMESON.

ALONZO CALLAHAN.

MABSACiiusE'rrs, Esskx, as : SEPTKMnKR 4, 1886,

Personally appeared Joseph E. Qraham, Robert Sawyer, Robert Janiesou, aud Alouio i

CaUahan, and made oath to the truth of the above statement.
Before me.
[BKAL.] AARON PARSONS, AT. i'.

JJJldavit of Solomon Jacobs as to the case of the Mollie Adams.

I, Solomon Jacobs, master of schooner Mollie Adams, of Glonccstcr, ')eiiig diilvl
sworn, do depose and say : That I arrived at Port Mulgrave, Straits of Causo, Ni8., on]
August 31 on my way home from a fishing voyage, in want of water, our wat^ir-tankl
having been bnrst by the laboring of the vessel caused by the heavy weather (InriDgJ
the passage from the fishing grounds; I duly entered at the custom-house and ahil
permission of the collector to purchase two or three barrels to put some water in fori
the passage home. Ho answered that he could not allow us to buy anythiug, notl
even the barrels, ' dd if we did, our vessel would bo seized. We wore tberefoiJ
obliged to start for home with but 75 gallons of water (which Wfl had iu barrels oal
board) for a crew of eighteen men, for a passage of 500 miles. I protest againstsucli
treatment as severe, and if not in violation of the treaty of 181W, certainly in viola4
tion of the common charity of mankind. In trying to make some other harbor od
our way up the Cape shore in hopes to replenish our scant supply of water, a g»le o'
wind was encountered, which not only prevented our making any port, but causeiL
damage to the vessel and loss of about ($700) seven hundred dollars' worth of uiackl
erel from the deck and the smashing of two seine boats worth (^'lOO) five liiiiidreffl
dollars. Had we been supplied with water we shonld have been offshore with onq
vessel, and would have been in condition and situation to avoid the damage suataioei
By struggling to keep off the rocks we sustained all this damage.

SOLOMON JACOBS.

Skptembeh 7, 18
Massachusetts, Essex, sa :

Personally appeared Solomon Jacobs and made oath to the truth of the above 9tat»
meut.
Before me.

AARON PARSONS, jy. P.

SEIZURE OF THE W. D. DAISLEY.

The Witness. I will state that jast before coming iu here I
ceived a dispatch from Oonsnl-General Phelan, dated at Halifax, OcW
ber 6, 1886, iu regard to the W. D. Daisley, one of our fishing schoouer^
which reads as follows :

W. D. Daisley seized at Souris. Charge, one of crew landed flour at Canso lai
August. Telegraphed Ottawa to release on deposit to be made heTe. Will "vire jr(|
reply,

M. H. PHELAN,

Consul-Genmll

AMEKICAN FISIIEUY INTERESTS.

785

STATEMENTS SUBMITTED.

l}y Senutor J'^rye :

Q. Have you any further inforiiuitiou to Hubuiit to the 8ubcouiuiit-
tj>,.t_A. I have here a statement of tLe number of vessels, with their
toiiiia{(e, engaged in the ditt'erent kinds of fishing ; also tonnage returns
np to Juno 30, 18S(>, and other statements. 1 will submit tliese, to bo
iiiatle a part of my testimony.

Tlie Btatemonts referred to by the witness are as follows:

How on(;ago«l.

(!(or!r«coil(isliiiijr

liramllJankioiltlsliiDK

Kmli hiilil'iit ll.tliiiiK •

Shiiro ^11(1 Day luiickiTcl

Shorn niiickciol

Shmv llsliint; — •

fliire lisliiiiK (uiiilor 20 toim)

,nfril;iiiil lialilmt

kttol liiililiut

ToUl .

905

No. of

VI'BSCU.

Tons.

1(10

10, :«78. 04

•JO

2, 101. .M

;w

.■1, I0I.»7

90

7, 204. 03

17

1,070.71

12

4H8. 77

a?

300. 52

•>

1.^9.21

7

008.61

25,635.70

Fiscal yt'ii'; ciidiiig Jniio :!(), 188(5:

18 ri'ijistf .n ; 80 tMirolliiioiitH; 77 coastiiif? lieeuHcs; 'JDl iJHhinjj Jiceusos; UG fiHbing
liceusi'8 (umlur 20 tons).

Tonnage return, June ">0.

Tons.

(1 iK'niiiiiU'iit ie<;i!stfrii 373. 30

1 UMiiporiir.y roi^istor 87.r)".i

Ulilipriuaiieiit; t'uroUiiioiits 20,GtJ9.88

2|H'nu:iiic!nt cnruHiiuiiitH, Htciiit •')5. •'i'J

1 teiuporaiy enrollment, Hteani 477. .'iS

:]'J,G«3.80

81iconse under 20, Htiil, eoastiu"; —
I Mlioeiiso under 20, siiU, iisliericH ..
liliti'iise under 20, wteani, eoiLstinj;

$81 f)fi

(109 25

H2 19

31,436 79

I (Ocoiwtinj; licenses (enrolled) 3,804 84

(W lisliini; lieenses (enrolled) 2G,44H 71

ijiiclils (enrolled). 1G5 94

From February I, 188G, io September 20, 188G.

|81 vmscls. 1,1)19 tiieii. Anicrican, 1,H9G; Britisli, 502; otbor foreign, 521.

I'ouiuls.

sh mackerel 8,002,G.')0

iFwluwl 5,302,4:{5

|Fre,<lilialiliiit, G, 877, 473

" sb niiscellanooua 8,22G,277

Total : 28,408,835

Mtcml 25,001,415

t miscellaneous 2,0G5,988

Total 27,GG7,403

1 mackerel

•It miscellaneous

Total ,

108,794
541

109, .335

jy.HUjralhnis cod oil.
[ll.CXi, 440.85 value offlsh aud oil.
S.Ex. 113 50

-jy^] AMEUICAN riSUliltY INTEKliSTS.

link cauyht iu foreign waters.

I'oilUila

Freuli liorriiiK Sd^m

Vivnh cod l''.\,:'im

FruMh hiilibut i;7|(Kji,

'fotttl 510,;iij(,

Suit luiticolluneous tiali 178,riiK|

llarrtls.

Salt uluckrrul cuufjlit oiitHido of tliroo-iuili) limit 7,ij41

Suit umckorol cuugbt iimido of tluoo iiiilo limit i\>>^

Value of fiuh caught oiitHidi; of tliruo-iiulo limit $X>,Ti\ K

Value of UhU caught iimide of throo-mile limit 2,7H4 uo

Total value of fish caught iu foroign waters 38, ,% 4i;

Paid for bait, uupplics, repairs, &c., to foroigii merchants 25,731 97

TESTIMONY OF FITZ J BABSON.

■ ' . :■■.:,■ '/^ ,;.:;, , ; . Gloucestku, Maws., October 5, 188C.
FITZ J. BABSJN sworn a.u(l cxainim'd.

By Senator Edmunds :

Question. What is your age! — Answer. I'^ilty -eight years.

Q. Wber«Mlo you reside? — A. At Gloucester.

Q. VVliat is your occupation? — A. At presi nt 1 am liaudliiig real!
estate and doing some, little literary work; I was formerly collector of j
the port of Gloucester lor seyenteen years.

Q. Have you had any acquaintance with the fishing business as ear-j
ried on at this port? — A. I have.

GENERAL HISTORY OF THE FlbniNG BUSINESS.

Q. Explain to the committee in your own way the nature of ihm
fishing fleets — how they are fitted out, wl>ere they flsli, and give wiiatj
ever facts or information you possess concerning the value to our fisber-j
men of the right to fish within the inshore lines of the British Possesj
sions of North America. — A..I have been present at the hearing of tha
testimony before this committee yesterday and today, and I will sajj
that the testimony I have heard in regard to the fitting of the vessdj
by those who are x^ractically engaged in that business is substantially
true. I would like to make some statements iu regard to the history oj
the fishing business from the time of the first treaty down to the pre*
ent, and give to the committee as many of my own views as I have iij
my mind and as many facts as I have become possessed of by observai
tion.

Q. You can go on in your own way. — A. In the first place, the treaty
of 1783 between the United States and England defined the rigbts i
the United States upon the land as well as upon the ocean. 13y tliaj
treaty we find that the American fishermen were given the entire riglj
to fish along the shores of the present Dominion and ^fewfoundM
without any hin';\rance whatever. They were to occupy the samj
grounds and to have the same rights that they had as colonists.

After the war

uuiiid like to cal

\m\tHni of tiie Er

iniisjdeied to be

iritli our rights al

' anil the banks iu

ever, though by t

tliey appear there

! kino right to d(

I war of 1812 term

t meuced to harrasf

The treaty of 1

I treaty Mr. Kush

I shores of llio Don

deprive our peo|)k

I water, shelter, an(

Q. liy *'onr pet

I vessels entirely.

THE TREATY OF

Tliere is one j)oii
j with the policy of
I sequent to 1818 tin
loftheirnegotiatioi
Iriglits and privilege
I tie treaty of 1818,'=
J provision 8 of those
I six or seven years i
Jfeys. Wobaverif
|of Canada and NevA
Iconstrued by the li
Ibd of that Gover
Jlieing restricted an<
|of Newfoundland, f
IproTido that there f
|20fli of October un:
I'lrely debar our pc
|peratioa to-day, fj
T»ple use seines foi
Uielocallaw allows,
Po. 84, May 17, 1881
president Hayes.)

DOMINION PISHI

i There is no doubt
pnlated after th
pou, Their fisher
m h that time.
If" the mackerel fis
fed States as a fi
m market for ma
pt that towardf
B« fleet of vessels
p of that treaty

AAfiSKlCAN I'lSHEKY 1NTKRE8TS.

7H7

After tlio war of 1812 Eiij^land repiuliated tho treaty of 1783, and I
would iilv»- to t"»ll attention to the treaty of 1783 in order to show tbe
|K)siti(>ii <»t' the JDnglish Governinout at tliat time in refjjard to what they
loiisideicd to bo their rijjhts on tho ocean. They Kavo Jis, together
(vith our rights aloutj tho shores, tho riglit to llsh on tlio Grand Banks
and llie hanks in the ocean, over which they had no jurisdiction what-
nvr, though by the hmgnage of tho treaty Jurisdiction is assumed, and
tin") appear there as giving us privileges of that kind, when in fact they
biul no right to do so. As early as 1815 Great Britain chiimod tliat tho
war of 1812 terminated our right to tho inshore fisheries, and com-
lueuccd to harrass and capture our fishing vessels.

Tiie treaty of 1818 was made after tho fall of Napoleon. In that

treaty Mr. Rush and Mr. Gallatin conceded tho right to fish on tho

shores of tlie Dominion, but the language of tho treaty was such as to

I deprive our people of all rights to go into their ports except for wood,

water, shelter, and for the repair of damages.

Q. 15y "our people" you mean purely fishing people! — A. Fishing
I vesselH entirely.

THE TREATY OF 1818 A BASIS FOR SUBSEQUENT NEGOTIATIONS. ■:

There is one ])oint which, I think, is of great importance in connectiou
I with the policy of the English Government. In all treaties mado sub-
sequent to 1818 they have used the language of that treaty as the basis
of their negotiations, and in those treaties have always referred to "the
{rights and privileges granted to tho fishermen of the United States by
the treaty of 1818," and have then proceeded to the other privileges and
I provisions of those subsequent treaties. We have had \*ithin the last
six or seven years an example of what the language of that treaty con-
veys. We have rigt s in common with British fishermen on tho coast
[of Canada and Newfoundland, and those rights in common have been
IcoDstrued by tho English Government, through Lord Salisbury, at the
lliead of that Government, at the time of tho Fortune .'iay trouble, as
jbeiDg restricted and abridged by the colonial laws. The colonial laws
lof Newfoundland, for instance, in the matter of the herring fishery,
iprovide that there shall be no herring taken by or in a seine from the
:h of October until the 25th of the following Ajiril. That would en-
debar our people, even if we had the treaty of Washington in
joperation to-day, from taking any herring on those coasts, as our
leoplense seines for this purpose, and under the gill-net process, which
lie local law allows, we could not pursue the business. (See Ex. Doc.
So. 84, May 17, 1880 ; alleged outrages at Fortune Bay ; message of
■^sident Hayes.)

J

DOMINION FISHERIES STIMULATED BY THE TREATY OF 1854.

There is no doubt whatever that the fisheries of the Dominion were
fctiiiml<ited after the treaty pf 1854 went into operation, and for this
pm Their fisheries had been conducted in boats almost entirely pre-
jioas tD that time, had been carried on in small boats from the shore,
JBd tho mackerel fisheries had not amounted to much. But having the
pted States as a free market, and the United States being the prin-
Tial market for mackerel, their fisheries were stimulated to such an
^tent that towards the end of that treaty, in 1866, they had a very
F?e Heet of vessels engaged in the mackerel fishery. After the termi-
pn of that treaty those vessels gradfually went into other business,

H^^

AMERICAW FISIIEUY INTKllKSi'S.

uutil at luHi it uiiiouiited to voiy littlo. Hut when tho tieiity of i)j;;j
cam«i into etfuiit thou it wiw tluit, having; our inw iiiark<!t8an(iukiioffi.
edge of tho value of tho inaokerel fluhory, thoir fleets increasiMl. I Imvu
here aoino utatistica that were gatheved l)y tho coiniuitteo th.it visited
VVashinKton diirinjf the hust .session of Congress, in which I (hnl, from
Canadian Bouices, that in 1873 they iiiul about lOli vessels aiid aiwiit
9,000 boats; that in 1885 they had soinewheio in tho vicinity of l,ii;
vessels and 28,472 boats, an increase of almost Mi) per cent. 1 alsoliml
from the same statistics that in lHT,i tho fishing tonnajje of the United
iStatcs was about 109,519, and in 1884 it was 70,137 tons, a loss aiiioiint-
ing to 33,382 tons, or a fraction over 30 per cent.

C0DFI8H1NG OUTSIDE OF NATIONAL JURISDICTION.

It has been assumed by tho English Government t'jat we jmrsiied
tho cod-fisheries inshore along their coasts, but 1 think tliat the com-
uiittco by ail examination of the map will see that the cod (islicrv is
pursued almost entirely on tho banks outside of all national jurisdic-
tion. The oulj' use wo make of their shores in this fishery is to go in
for bait.

BAIT.

That matter of going in for bait is one whicli has caused a great deitlj
of trouble on that coast. In tho Fortune Bay case, when our vessels!
attempted to take herring for bait, they were driven oflf by tho iiiol»,iuiil
they found that it was impossible to take herring or any other fish on that
shore, because it deprived the inhabitants of about tiieir only ineansof
living. Newlbundlaud has no agriculture of any conseciueiico, no com-
merce, and no manufactures; she has nothing but this fishing, and tlio
people who live along tho shores must either have tiiis llsliing or iimstj
starve. Our people have been in tho habit of going there for bait, aiul 1
it was well known that the inhabitants would rather our jjeople would
come there and buy bf-o than not. But 1 think it must be admitted
that the whole action of tho Canadian Government in this direction
has largely a political basis. Tlie interests of those poor lisliennen are j
not to any extent represented in iheir public prints or their parllaraeut-
ary debates.

HALIBUT. . :

Tho halibut fishery at one time was (luite extensive on Geoiitesj
Banks, but at present we do not catch many halibut there, but coiifi!«li|
and haddock and mackerel in their season. Nearly all of tho lialibiitj
are brought in preserved in ice, and thoy are becoming a luxury in tliej
market. A few vessels flitch their halibut and salt tbeiu in bulk in the j
vessel. These are smoked, and in this form are fully equal to smoked,
salmon in flavor and richness.

FRESH FISH.

I wish to say one word at this point in regard to the matter of ftesli
fish. By the tariff act tho language " fish, fresh, for consumption,' on
"for daily consumption," was intended to refer to fish brought iiitq
port to be eaten by the local inhabitants. In 1861, when this claa.>^
was inserted in the tariff, we were uot packing our fish in ice to tlie exj
tent we are now, and it was not known to the legislators to \v)iat exi
tent this business would grow. This language of the tarill' act ol thai

AMERICAN FISHERY INTERESTS.

789

rear JKis bcou carried along in subsoquont cnactmentH fk'om time to
"tiino, witliont, porhapn, an inquiry into the matter, so that to-day we
b:ive it upon the tariff list, " flsh, fresh, for daily consnmption, free."

By Senator Saulsbuey :

Q. In tlio word " daily " used ? — A. Yes, sir.

SoiiiUor Feye. It is not " daily"; it is "flsh, fresh, for immediate con-
sumption"; that is the present lanj^usifje.

SeiuUor EDMUNDS. 1 suspect that Mr. Babson has taken the lan-
guage i'l'oni some book of regulations, and not the statute.

Tlio Witness. I take the language from the Customs and Tariff
Regulations of the Bureau of Statistics.

Senator Feye. I am sure that in the statutes you will find it "flsh,
fresu, '.or iinniediato consumption."

.Senator Edmunds (to the witness). You can go on.

Tlie Witness. The question of immediate consumption, of course.
asapplietl to fish, was construed — and 1 have so decided in my officia.
fliaracter as collector-— to mean fish that could be consumed without
any artilicial process of pr«^servation, that could be consumed imme-
diately upon being landed. The schooner Neskaleta came into this
port with a load o'" halibut. As collector, I imposed duties, under the
present taritf, on that halibut as for preserved fish, on the ground that
it was not fresh in the sense contemplated by the tariff law when pro-
viding that fresh fish should be admitted free. The question was, of
course, referred to the Treasury Department, and the decision came
tliatit was to be considered as " fish, fresh, for immediate consumption."
I The regulation concerning importation of flsh is this: that the flsh
I sliall bo landed, but if it is smoked or salted it shall be dutiable. It
would be utterly impossible for the custom-house officials to follow the
1 to any other place to see how they were treated or in what manner
I they were disposed of. Therefore it seemed to be almost an anomaly
iiitlie decision that fresli fish after passing out of the hands of the cus-
toms otllcials should be considered free under that clause, in the manner
ill which the Treasury Department ruled. But still that was the ruling
|of tlie Department, and we had to submit to it. I have in my mind,

)wever, a very strong impression that it never was intended by the
[uriffactto make that disposition of ice-preserved fish.

Senator ]i)dmunds. I have referred to the Revised Statutes of 1873,

ml find that the language is, " fish, fresh, for immediate consumption."

Tlie Witness. It has been seen by the committee to-day that the
Usb when landed from the vessels are certainly three or four weeks old.
jTliey cannot, therefore, be fresh fish, and they may be kept six ot seven

weks. It has been said here in evidence that Mr. Snow and others
I iiiive buildings in New York where they keep fish months and mouths.

Senator Edmunds. No doubt the construction of the language would
I refer to fish uusal ted.

The Witness. Fish in their natural state and without artificial pres-
|tnation I should consider fresh fish.

. Senator Saulsbury. "Fresh" is used in contratlistinction to "salt,"
lltliiiik.

The Witness. Canada imposes a duty of 1 ceiit per pound on all flsh,

W!li or salted.

MACKEREL FlSH^a.

Years ago, when we fished for mackerel with hook and line only, our
's went into the Gulf of St. Lawrence, and they used to carry

m

790

AMERICAN FISHERY INTERESTS.

meuhadcu lor bait. Tho ineuliaden did not go further nordi liiaiitlie
Maiiiu shoreH, and coiiscfjncntl.^ were not available to the ]>iiiisli lish.
erinen. The vesHels used to <!arry Ironi 50 to 100 barrels of bait to the
bay. It was ground line, and being of an oily nature would keep mar
the Hurfaee.

Senator Edujunds. Tiiat is what we eall chump.

The Witness. Yes, sir. They would throw the bait overboard, ami
that wonld attract the ILsh and keep them together. The vessels would
not go any farther from shore than it was necessary to go for the fish,
The vessels of the United States used to take a great many inackcnl
perhai)S, nearer iniihore than they do now. But when the seine came
into o])eration, then, of course, the whole system changed. As a rulcMnir
vessels use no bait whatever now ; they carry seines, and very few in-
deed have anything to do with the hook.

*

SEINE FISHING.

In seining operations, as explained, they are obliged to have deep ]
water. 1 have had numerous statements from the captains of vessels]
as to injuries to their seines by attempting to seine anywiiere near the
shore, when we had a right to do so under the treaty of AVasbiiigti
They have not been able to use their seines to any great extent near J
the shore, even when the fish 1,'ave been there.

MACKEREL— WHEEE TAKEN.

Speaking of mackerel and where they are taken, in 1881 aii(11882\Tej
took so nmny off our own coast that we had no vessels at all ia fliej
Gulf of St. Lawrence. I think we had only one or two, or i)erlia|i!i|
three, in 1881, and one in 1882; those are all the vessels wo liadtliere]
to take mackerel in those years. It is very apparent, therefore, thiii^
only in such exceptional years as this, 1880, for instance, tlic gull' M
ery is of any value to ns. I^ast year there were some 405,000 bane
of mackerel taken, and only some 20,000 taker' in the Guif of St. LiwJ
rence, only about 0,000 of whieli were taken inside of the three inilesi
In regard to the taking within three miles, I will state that some fefl
years ago I suggested to the Treasury Department the propriety o!
issuing a circular to the collectors of ports calling upon them to proeiir^
from the captains of vessels statements as to where their lish were pro
cured and how many were taken within and how many witboiit M
three miles. Those statements should be on the filea of the l)epar!|
meut now. If so, they are correct, and will show very clearly just t
amount of mackerel taken within and without tJie l"nit.

VALUE OF FISH AS COMPARED WITH COST OF TAKING.

In listening to the evidence today I did not hear a^y of tlie fitter!
or captains of vessels state anything as tA> the relative value ot'tliefisl
as compared with the expense of producing them. There is biitlittif
doubt — and compilations have been made by various flshernieii iiere i
Gloucester — taking into consideration the wear and tear, insuriiiice._
fair rate of wages for the crews, and other expenses, and seliin?; fjj
flah at a fair valuation, tliat the product of the flsli, taicen asu wlwl
will amount to any more tiian the expenditures. Fish, like auyofij
raw material, are valueless in the ocean until caught. There is aiiotii
point in connection with this subject wiiic!-. it may be well toconsKitj

as bearing upon

orafari;i, or ali

with a certain a

are not sure of r

attaclied to it.

\mji iil)le to d

iieiitlyj tiiey art

are twenty or fo

produce the fisl

cannot agree to (

tit\, it seems to

tbt'ir '.j.shore flsl

.sfatiisfcics l)y whi

return for anyth

the Halitiax Con

part of the ICngI

would certainly i

broadly made (lu

actually ad<l tliat

AVERAGE PRI,

As that matter
liavea table, that
ofthe prices of mfi
18o;{, tbe duties a\
3, averaged $10.42
itj- treaty for thirt
'or Ih. 2, and $ih
t«een the termimi
$14.10 for No. 1, $
period from the ti
aged per barrel $
That will show
tiirilf laws have n^
and demand has
year.

LEGISLATION SI

I wish to make
tlie producing int
(Gloucester net th
^ents a j)ound. .
P-oducer and cons
retader, ;ind the ti
Miennan, who eaj
|«imtliim in conn
liiai unfavorably,
''•" -^ tu the can
Piiy for bis fish.

CNCERTAINTY OF

^Vhen W(> have

\^J a guarantee x

">t'ie alleged treat

P

AMERICAN FISHERY INTERESTS.

791

asbeariiijj upon treaties, and that is tins : Take a factory, for ip.atance,
or a farm, or almost any qtlicr kind of busiues's, and we will find that
with a certain amount of mateiial we will have certain results. But we
are liot 8ure of results ia the hshin;; busineHS. There is no certainty
attached to it. It is a precarious business. And as regards Canada
boiiiK iihle to deliver anything to us, the fish are not there perma-
nently; tiiey are inside the three-mile limit today and'to morrow they
lire twenty or forty miles oif. Then, .again, it costs Canada nothing to
produce the fish. They are not property in hand. The Canadians
eamint agree to deliver smy amount; and being such an uncertain quan-
tity, it seems to me that it would be impossible to njeasure the value of
tbeir '.;.shore fisheries, and in)i)ossible that they could give any sort of
statiistics by which we could bo assured of any adequate and certain
return for anything we niijilit ])ay for privileges. When I was before
the Haliftix Commission 1 found that the general impression on the
part of the English managers was that by the increase of duties we
would certainly increase, tiie piicie of the mackerel. The assertion was
broadly made that if we added iftlO to tie duties on mackerel we should
actually add that amount to the price to the consumer.

AVERAGE PRICE OF MACKEREL UNDER DIFFERENT TREATIES.

As that matter has come before the committee, I would say that I
liavo a table, thati com])iled myself from the best authenticated sources,
of the prices of mackerel. For twelve years, from 1842 to and including
1853, the duties were $2 in gold per barrel, and mackerel, Nos. 1, 2, and
3, averaged $10.42, $7.50, and $5.00, respectively. Under the reciproc-
ity treaty for thirteen years the gold value was $13.57 for No. 1, $9.70
for No. 2, and $0..37 for No. 3. The average prices for the period be-
tween the termination of recii)rocity aiul tlie treaty of Washington were
$14.10 for No. 1, $8.31 for No. 2, and $0.2 1 for No. 3. The prices for the
period from the treaty of Washington to the present time have aver-
ajredper barrel $14.98 ibr No. 1, $8.37 for No. 2, an<l $5.85 for No. 3.

That will show that the dutit^s that have been im]>osed under our
tariff laws have not had the effect to r.iioc! the prices at all. Supply
and demand has been the governing cause, as is distinctly shown this
year.

LEGISLATION SHOULD BE IN THE INTEREST OF THE PRODUCER.

I wish to make this point very strongly: that Gloucester represents
the producing interest. The fish that are sold from the vessels in
Gloucester net the fishermen from a half cent, perhaps, up to 2 or 2J
cents a pound. Any future legislation affecting the prices between
producer and consumer ought to apply to the wholesale merchant, the
retailer, and the transportation (lompany, rather than to the producing
yierinan, who earns less than $300 a year, tor it would be a hardshij)
toiratliiiu in connection with the details of a trade that might .affect
Mm unfavorably, perhaps, in certain seasons, and give a wrong impres-
8i»'i . i tv» the cause of the high ju-ice thr5 distiuit consumer may have to
pay for his fish.

UNCERTAINTY OF THE FISHING BUSINESS ITNDER CONGRESSIONAL

LEGISLATION.

When we have n treaiy of feciprocity with Canada we simply give
[them a gujirantee for twenty years — I think that is the time i>ropo8ed
in the .alleged treaty that has apjieared in the newspapers — that they

It "if

792

AMERICAN FISHERY INTERESTS.

can pursue their busiuess and know what time they have before them
and what they are going to do. But take the case in the United States.
We have no guarantee here, only from Congress to Congress, of any
certainty of the perpetuity of our Ashing business; our vessel-owner^
who have their money invested in vessels have no guarantee from the
United States Government whatever of the perpetuity of their busi
ness. Our foreign trade has almost gone from us. The men who com-
pose the crews largely of the vessels engaged in that trade are not the
men who emigrate to this country and stay here; they may almost
be said to constitute a population with no nationality, giving their al-
legiance to the best price paid for their service.

OUR NAVY TO BE RECRUITED FROM OUR FISHERMEN.

The United States to-day, as a consequence, has no proper material
from which to create a navy except that now engaged in the fisliing
business. The value of the fisheries as a basis for a ijavy is sustained
by all history of maritime nations, and would receive the indorsement
of every experienced officer in our own Navy. • .

LACK OF CONFIDENCE IN THE FISHING BUSINESS.

If Gloucester, Newburyport, Beverly, Salem, or any of these towns
along the coast where I have been .^r>ul( "nly have a guarant.'e from
the United States Government tha< t':^ usiness could be pursued
without interlerence, and that they could have the market of the United
States without being subjected to onerous competition, they would feel
that it would afford them a reasonable profit, and it would tend largely
to inspire confidence in them and increase the business. Confidence is i
the great thing that is needed to-day. I know the anxiety of our peo
pie. I know how they have felt here for years, and of course I cau j
speak understandingly of this matter. I do not know what can be |
done, unless Congress should pass a law, if possible to do so — I do not
know, but hope it can bo done — that lor the future the United States
will regard all these fisheries as belonging exclusively to ourselves, and 1
they are not to bo made the subject of treaty negotiations with aii.vi
nation. We have our organizations and .associations for the protectiou!
of things on shore, but at the same time the Government is not expend-f
ing a single cent for the benefit of these seafaring men. Our coastinuj
trade has never been subject to the competition o'' 'broigners. The fisli-
cries shouhl be placed upon the same basis, an{* '■''•vn) them both would}

bo constituted
war.

a marine force equal to every

BOUNTIES TO FISHERMEN.

.,oncy of peace orl

There is no class of men so well trained for the sea a3 these fishermen^
and there is no other nation of any consequence in the world that has
not for years i)aid and is now paying its fishermen a bounty iu soma
form. Canada is paying, out of the interest on the $5,500,000 paid li"?
by our (government, and will continue to p.ay, a bounty to her flsheruuij
of $5 or fjJlO each. She pays out annually to her fishermen in bounties
something like $200,000 or $300,000. She has some 60,000 men who arj
available to England as sailors in case of war, and upon those inej
England can <lraw to recruit her navy. As bais bei n stated to-day, lui''<4
young men who come here from the Proviuces you find younfe', ahl«j
and willing to work. It would cost at least ■*2,000 to raise !»ayone(

AMERICAN FISHERY INTERESTS.

793

those ycuDj; men here, but by their coiniug wo gain splendid seamen
without cost and Enghmd loses them.

By Senator Edmunds :
Q. If they do not get naturalized after coming here, we do not secure
their services in case of war with England. — A. Of course we know
liiat no man can command an American vessel uuless he is naturalized.

SERVICES OF THE FISHERMEN IN CASE OF WAR.

Q. You are speaking of the value of this fishing education in case of
war. If they are not naturalized American citizens, of course they
could not fight against their'own country, no matter how long they had
been catching fish for us.— A. That is true; but they do get naturalized ;
that is almost a necessity ; the best men ai nong them are those who
naturally aspi'"> to command vessels, and ^t is a necessity for them to
become naturt^azed in order to have their ambition satisfied in that
regard.

RIGHTS OF FISHERMEN UNDER THE TREATIES.

I suppose the committee are versed in the nature of the papers issued
I by the United States to our vessels. I have with me here, for the con-
sideration of the committee, what is called a shipping paper, that simply
shows the manner in which the men ship on board our vessels. 1 have
also a permit to touch and trade. As we are now acting under the
treaty of 1818, it is very apparent that we have our rights there on that
coast, under that treaty, to go in for wood, water, and shelter. Now I
claim that Canada has no right <"o abridge any of our rights under that
{treaty by passing any law, customs or otherwise; nor has she any right
to impose penalties for alleged violations of such laws, when our vessels
jare doing nothing more than they liave the right to do under the guar-
jantees of that treaty.

Q. Do you not think the British have a fair right to make proper and
Ireasonablo regulations in respect of vessels of this character, in order to
Idistinguish them from trading vessels that might be engaged in smug-
jgling, for instance? — A. I consider that they would have a right to
liake all proper and necessary inspections through tlieir local ollicors ;
Ibnt 1 do not think they have a right to impose any such regulation upon
jour vessels as will oblige them to report their arrival immediately to a
jtastomhonse which may be five or ten miles away, subject to a fine of
VM if they fail to do so. That question was discussed in the argument
jbetween Mr. Evarts and Lord Salisbury in the Fortune Bay case. Lord
jSalisbury was at that time at the head of the English Government, Jind
|te resisted Mr. Evarts's claim. Afterwards, however, when Mr. Glad-
cue came into power, the demand was acceded to, and $75,000 indem-
nity was paid. In the course of his argument in that case Mr. Evarts
Baintained vigorously that no local law of the Dominion or of New-
'ondland could .in any way impair the rights of our vessels by imposing
iny disabilities upon them when acting in conformity with the terms of
te treaty.

Q. Does not the treaty provide that they may make reasonable regu-
itions!— A. Such regulations as shall prevent them from abusing the
nvilegs.

Q. Then the question becomes, what is reasonable under the circum-

lances t—A. Yes.

794

AMERICAN FISHERY INTERESTS.

By Seuator Satilsbury :

Q. Who is to judge of that? — A. Tlio United States and Great Brit
ain, who are the supreme powers and who agreed to that treaty—not i
the Dominion. They have, however, put their own construction upon
it. In former years, under the permit to touch and trade, any fisliini;
vessel could go into a Canadian port, and if she had failed to get a full
trip, or had any other reason for so doing, she might partially load with!
oats, potatoes, or other products of those Provinces, and there wasnol
question whatever in regard to it. We acquired no commercial rights 1
whatever by the treaty of Washington (simply the right to takefishl
within three miles of the shore). The laws of Canada were the same then I
as now ; we had the treaty right to llsh within her jurisdiction; n\
now, under the treaty of 1818, go in for wood, water, and shelter.

If it is necessary now to report at the customhouse to show the cliarl
acter of our business when we go for shelter, why not then when we went
to fish or to buy bait? The treaty of 1818 had been in existence sixtj-j
eight years, and our vessels have exercised their treuty rights under it
v/ithout customs interference until now. There is a reason for this sndl
den action. Under the treaty of Washington we received no comniercia
privileges whatever. They had just as much right to impose these reg4
ulations making it necessary for our vessels to report, or to refuse tof
recognize the authority of the United States as exhibited iu permits t
.touch and trade, as they have now. But this is used at present fori
purpose — to force us into a reciprocity treaty. There is noquestioj|
whatever about it. Their parliamentary debates show it. The Unite
States has provided that a vessel with a fishing license has a right t
have a permit to touch and trade, and with such a permit she has i
right to go into a foreign port, to a Dominion port, and there and thei|
exercise the same rights that she would have under a register.

Q. She becomes for that purpose a trading vessel? — A. Ifthecaptai^
of a vessel sees fit to change the character of his voyage by the operatio
of that paper he can, and when he returns to the United States hewij
have to pay entrance fees and tonnage di os as he would have to (B
under a register. If he does not use his permit to touch and trade,!
has no effect whatever. At the same time vessels which have such]
mits have a perfect right to go in and buy. The Dominion of Canadj
liowever, has said that she would not recognize this authority of tl(
United States, and it has been set at defiance, and our Government I'|
made no remonstrance. I have made every endeavor I could, as an i
dividual, to get some definition of the rights of our people in thisresjie
but have never yet been able to do it from the present Adniinistratio

The act of Canada in refusing American vessels, having proper j
thority from th'? United States, to tra le iu foreign ports, (viz: a peru
to touch and trade,) is absolute non-intercourse, and should bo regard^
as such by our Government.

THE HERRING FISHERY.

The herring fishery is pursued almost entirely Jis a mercantile traj
action. Our vessels go there and buy the herring, or hire men to ca
them. If that fishing should fail, the inhabitants would hi' ve to star
In the course of my visits to the Dominion I have learned that alo|
those coasts the inhabitants for years and years have had aiil from f
Government, and that the entering of our vessels to buy bait wasac
sideration of great value to the poor fishermen along the coasi. isoj
as the taking of herring is concerned it is of no real value to our peoi

It is fully as ecc

iierringasitistt
iie.ring, as we o
iave no measun

Q. You speak

coucurrenco of U

tliat the inshore

Have you any m(

people f I under

turn at night. L

lire along the coi

kw years ago tl

offered to sell hi

houses, boats, an(

nil the business h

The Prince Ed^

shores of Nova Sc

buckwheat, and p(

I and thus alternate

Q. Is there a lai

' nepiii)ati()ii ? — A. 1

Q. I wanted to
! fries by Canada.—

of the Atlantic fi.v
; of 1880. Accordi
I States employed

men.

The Canadian vi

Tlie minister of mari
»iM department for tl

NamkTofmenomplo
Jomber of vessels *
J'mber of boats.,
laiieof vcasols...
h 110 of boats..
Wno of nets, &c .::.•.

['"'"lyiciaofthofishe

N

, ^nthe matter of
loumber of foreign
port of Prof. G.Broi
""I'^'l in ascertain!

AMERICAN FISHERY INTERESTS.

795

It is fully as economical to pay the local operative flsherraen for the
berring as it is to take them ourselves. Therefore, as a practical lishery,
heiring) as we obtain them, cannot be considered as a fishery, and can
have 110 measure of value as a fishery concession.

VALUE OF TTTV. INSHORE FISnERIES.

Q. You speak of the inshore fisheries; I thin!, there is a very general
coucurreuce of testimony that has been eli(;ited before us to the effect
that the inshore fisheries are of very little value 'to our fishermen.
Have you any means of ascertaining wliafc their value is to the Canadian
people? I understand that their fisiiermen go out in the day and re-
turn at night. Is it a valuable fishery to that class of Canadians who
live along the coast? — A. Not of great value. I think it is but a very
few years ago that an American located on Prince Edward lslan<l
offered to sell his whole establishment, consisting of wharves, ware-
houses, boats, and everything of the kind, for about $3,000. lie gave
nil the business himself and went away.

FISHING AND FARMING.

The Priuce Edward Island people and some of the people along the
shores of Nova Scotia do some farming. They can raise turnips, oats,
buckwheat, and potatoes, and can also go out fishing from the shores,
and thus alternate their farm work to some extent with fishing.

Q. Is there a large number of fishermen engaged in tiiat alternate
occupation ? — A. Yes, quite a number. •

EXTENT OF THE FISHERIES.

Q. I wanted to secure an estimate of the value put upon these fish-
eries by Canada. — A. In making up what might be called the statistics
i of the Atlantic fisheries at present I have consulted the census reports
1 of 1880. According to that census the fishery industries of the United
States eiuployed about 130,420 persons, of whom 101,684 were fisher-
I men.

The Canadian valuation is as follows :

Extent and value of the Canadian fisheries.

Ottawa, Oxtauio, May 28, 188i).

The minister of marine and fisheries has laid upon the tabic the report of the fisn-
I etiea department for the year 18!^5 :

Knmkrof men employed » fii), 403

Snmbcr of vessels 1,117

Xnmberof boats 28,472

Value of vessels $2,0'Jl,(i3;?

Value of boats 8r)!i,2r>7

Valno of nets, «&o 1,^19,2(54

Total value of the fishing plant (i, 097,400

jTotiilyielilof the fisheries, 1885 17,702,97:$

NATIONALITY OF THE FISHEUSIEN.

In the matter of the nationality of tli(^ li>;hft'iii<'ii we find that the
humberof foreign fishermen in the Fiiitrd States, iutdording to the re-
jport of Prof. G. Brown Goode — and I'rofessor Goodc. was very thorough
mm\ in ascertaining all the facts connected with liis census report—

79G

AMERICAN FISHERY INTERESTS.

', tllO.S(!

1. to 12 per

excluding tho .5,000 uogroes and 8,000 Indians and Esquii
who wore considered not to l)o native born, did not excec('
cent, of tho whole number. That is the official report.

I do not know what other pointw there may be in regard to which the
committee may desire information} but if there is any question you wish
to ask I shall be very happj' indeed to answer it if I can.

INSHOKE FISHERIES.

By Senator Fbye :

Q. Did you see the returns where it had been undertaken to ascer-
tain what proportion of the AhIi were taken inside the three-mile shore
line? — A. Yes.

Q Do you know what they showed? — A. They showed a very small
percentage indeed, not more than one-eighth or one-tenth of the catch
in the Gulf.

Q. That is, out of the whole catch in the Gulf not more than one-
eighth or one-tenth was taken within the tlireo miles?— A. Yes.

THE HEADLAND QUESTION.

The question of the headlands is, of course, one that is, I think, of
national importance. Our rights should be settled by the United States
asserting and maintaining some position. Our fishermen have been ua
certain as to their rights in many cases on account of the lack of any
position having been taken by our Government with reference to their
rights in those waters, and where there have been disputes our tisher
men have had trouble on that account.

of the fishing ve!

SEIZURE OF A VESSEL AT SHELBURNE.

A very short time ago a report was forwarded to the State Depart
ment, through Mr. Steele, the president of the Fisheries Union, in re-
gard to a seizure at Shelburne. I made the report for the captain, who j
told me that he went into Shelburne Ilarbor last March, and when 1
anchored off the quay they seized his vessel, when he had only been in j
twenty-four hours without reporting to the custom-house. He went in j
at 3 o'clock at night. The practice here in Gloucester has been thatifj
vessels are hero but twenty-four hours they are never expected to make!
any direct report to tho custom-house; if they make a report to the!
boarding officer it will be sufficient, as per Customs Kegalations, audi
in case of stress of weather it has never been considered right to t'orcej
vessels to enter when putting into the outer harbor for shelter only. Thef
customs laws of the United States are enforced upon the basis of com-i
mon sense and common humanity.

THE HEADLAND QUESTION.

By Senator Saulsbuet:
Q. Has there been any claim asserted, practically, by the British Govj
ernment, which sought to exclude our people from a line drawn froir
headland to headland, where it was more than three miles from shore!-
A. There never has been, except up to the time of the correspondenca
between Lord Aberdeen and Mr. Everett (May 10, 1845) in regard t(j
that matter. The English Government withdrew from its first positioa
on that question, but has never abandoned the claim.

AMElilCAN FIHIIEUY INTliltESTS,

VJl

Q. My qucatiou is, whether there has been any praetieal attempt to
exclude our fishing vessels from a line drawn from headland to head-
land, where such a line would be more than three miles from the shore ? —
A. Not at all, so far as I know. It has been reported in newspapers
that our vessels have been excluded this year from the Bay of Ohalcur.

PRICES OP FISH TO THE OONSUMEU.

By Senator Feye :

Q. la this matter of fish, I take it that the fishermen alone deal with
the wholesalers ; that they sell alone to the wholesalers 1 — A. This ship-
ping paper which I have brought for your inspection will show you the
form in which the fishermen ship on board the vessels, and also author-
ize the disposal of their fish.

Q. That is not the question. To whom do the fishermen sell ? — A.
The fish are generally sold by the owner of the vessel.

Q. I mean the owner of a fishing vessel ; to whom does he sell? — A.
To men who are buying — wholesalers.

Q. You do not get at whit I am after. The dealings between the
men who take the fish an. the men who buy are between the owners
of the fishing vessels and the wholesalers, are they not? — A. They
are.

Q. Do you understand that the retailer's price is affected to any ex-
tent by the wholesaler's price ? — A. Of course it must be affected some-
what. In this market the retail price for codfish is 7 or 8 cents a
pouml when they are bought fi"om the vessel for 2 or 3. Of course,
after the fish leave the hands of the producer, the owner of the vessel,
there is uo question at all but that if the prices are increased at all they
are increased by the cost of transportation and by the middlemen who
liandlo the fish until they got to the hands of the consumers.

Q, So far as your experience goes, has the duty affected the price to

tiie coiisuiner at all ? —A. It has not to any extent. The M'hole matter

of the flslieries is regulated by supply and demand ; there is no ques-

I tioii about that. The experience of almost forty or fifty years will

I show that. In 1831, with only about 12,000,000 iuiiabitants in the

United States, we took with hooks about as many mackerel as we have

I taken any other year — 383,058 barrels. The average catch for sixty

years has been about 200,000 barrels yearly by tlie Massachusetts fleet.

I No man ever got rich by the actual production of fish alone.

UOW THE TARIFF AFFECTS THE FISHING INTEREST.

By Senator Saulsbuuy :

Q. If, as you say, the price depends entirely upon the supply and
lemaud, how does the tariff question affect the interests of the fisher-
[menatall, either as protecting them or otherwise? — A. I will tell you.
Ayearor two ago, all at once, some twenty or thirty English vessels
hnie into this harbor. Before their arrival fish had been selling at
latwut S2.50 per hundred pounds ; they ran the prices down to about
1(1.60 and $1.38 per hundred pounds, I think. It is the spasmodic in-
Httx, the bringing in at unexpected times, you may say, that affects the
jpricesin a particular case. Then there is the want of confidence, the
hot knowing how, as you might say; competition is going to come and
jkow large it is going to be ; tliat also affects the people. If our people
pukl have the United States for their market, without intei'vention from

798

AMERICAN FISHERY INTEKEST8.

foreiguers, Gloucester would seiul out 1,500 vessels, wLereas she now
has less than 500.

Q. I am lully awaro that prohibition wou' 1 aflord protection to
American libhermen ; but I ask whether the i)resent taritf does attoni
auy protection to the fishermen here, it' the law ot" supply niid (Icniiinil
regulates tlio price? — A. It does in this way, as 1 say: If Canadii liml
oui free markets, such a condition of things would stimulatt', as it
always has done, the building of vessels and retention of their people
at home ; while, on the contrary, if wo have protection, and are assured
of it, our vessels will bo built here, and foreigners will come liero ami
go fishing, and our business will increase. In other words, wc will do
the business instead of foreigners doing it. Canada has had five and
one-half millious of dollars paid her for nothing in the last twtlvo
years. She has had nearly six millions more remitted in duticH. Hhe
has had, and is having to-day, our free-markets for her ice-preserved
fish, worth hundreds of thousands of dollars to her yearly. She is al-
lowed with perfect impunity to place her own construction on treaties,
to limit our rights, to seize and fine our vessels for alleged violution uf
the t3chnicalitie8 of local laws, and set at defiance the ofticial marine
documents of the United States, while our own fishermen ask only tor
the same tarifl:' protection that is afforded every other produciii{,nn(lus
trj' in the country, and no spt;'ial privileges whatever, and beg and pray
they may not be slaughtered by their own Government; and this is tbeir j
only plea, while their business affords the Government its only power
on the ocean.

Q. You mean by protection the exclusive right to use our market!-
A. The exclusive -ight at least that the present duty and a duty (m
fresh fish would afford. This is a national question. It is a matter j
almost of self-preservation. I feel really that the United States should j
look to its fisheries and its coasting trade for its marine power, aud
that in no other way can it be sustained unless our people Lave that j
guarantee.

Q. I am not considering the question as to the prohibition of t'oreif;ii j
vessels coming here. Wliat I desire to know is whether, in your opiii
ion, the existing tariff upon salt fish does in fact afford any relict or
protection to American fishermen ? — A. I think it does. It really gives]
them that confidence which they actually need, and the margin of duty]
gives them something of an equality with the Canadian producer.

our fisiieniien are

BEITISH COMPETITION.-

Q. Does it operate at all to exclude the Canadian fish from our uiarj
kets ? — A. Not when the supply hero ia short. If the supply bere isl
short they can afford to pay the American duties and bring in their fisli.l

Q. But if the American supply is liberal, then you think they woul(l|
not send so many ? — A. The American fleet is large enough at present;;
to regulate the price of fish. Here come two vessels into Boston Har-
bor, we will say — one American and the other Canadian. Tbey liava
500 barrels of mackerel each, of the same quality, taken at the same
place. The American sells his mackerel at the same price as the othc'J
at $10 per barrel, making $5,000. Ho takes Lis money and goes aboiij
bis business. The foreigner has to take his $5,000 and go up to tbff
custom-house in Boston and pay $1,000 duties. The difference betwcenj
these two operations is very apparent. The British vessel, after pav|
ing duties^ cannot make so much as the American, and our fishing basil
ness is stimulated to that extent. The original wholesale buyer dof^

AMERICAN FISHERY INTERESTS.

799

sol ask tliu ti'u'jHportatiuti inerchiint $2 luoru for the English luackorel
bfcause the EugliHh captjiiii ])ai(l $2 per barrel dutioH, neither does the
transportation niorchant ask the retailer or tlie retailer the consumer.
Aslong, thorelore, as the American flsliernien, by their own com])etition
aiidtlic supply of fish, reguiati; the price, the duties will not aliect the
consumer; bat let the American fleet disappear and our supply of llsh
toiiie from Canada, she will have a monopoly, and, duties or no duties,
tlie eoiisunier will have to pny her price for his fish.

Q. The British vessel-owner cannot make so much, of course, pro-
viditl the exi)enses of his catch are as great. IJut the testimony taken
by us is to the vUvvA, that there is .' very considerable diflbrence in the
oiitliiy lor wages, living expenses, and the like. — A. There is no ques-
ion about that.

t^. If that is true, might they still not afford to pay the duty and
jcompoto with us? — A. 1 take the ground that they can aflbrd to pay

! duties and compete with us to some extent. But if we consider the
[ naked question of whether the price of fish is increased by the duty, J
I say it is not. But t;>l;ing the surrounding circumstances and consider-
1 iiijt wbat would come from the ell'ect of having those duties, then I say
our tisherinea are going to hold their own or increase. Our fleet has
been decreasing, while theirs has been increasing under the system by
I which they had our free markets. On the contrary, when they did not

ve our free markets the figures show that their fleet decreased and
I ours gained.

Q. 1)0 you know whether their fleet is now increasing or decreasing
I since the 1st of January last, for instance? — A. No, 1 could not say
1 1» day.

Q. Whether it is increasing or diminishing since the operation of the
I present tan tt' law? — A. I have not at hand the Canadian statistics.
l-Vova Scotia alone had 143 schooners built in 1883. That is a large

leet for that small province.

IDENTiriCATION OF MAPS.

IJy Senator EDMUNDS:

Q. I wish you would state whether these two admiralty charts now
Itiaugingon the wall of this room are a duplication of the two charts
I that Lave been spoken of to day by ]\Ir. Wilcox. — A. They are. I re-
lived them from him.

Q. Have you compared them heretofore, so as to know that they are
|«il)8tantially identical ? — A. Yes, I should say that they are substan-
[twlly the same. They were all prepared at the same time, 1 think.

Tlie two maps here referred to are filed for the use of the committee.

A.y

TESTIMONY OF WILLIAM A. WILCOX.

Gloucester, Mass., October 5, 188G.
WILLIAM A. WILCOX sworn and examined.

By Senator Edmunds :
Question. What is your age ? — Answ^er. Forty-seven.
Q. Where do you reside ?— A. Gloucester.

I^Q. What is your occupation ?— A. 1 am agent of the United States
pa Commission, also manager of the American Fish Bureau.

800

AMKIUCAN Fli lEKY INTEUESTS.

Q. Ilow long Imve you beeu engaged in the lisb bu8iiies8?— A Siii(«
1873.

Q. What branches of the business have you been in since that time!—
A. The same that I am in now since 1H74. ""

Q. I>CH(!ribo wliat you do. — A. It is my duty to keei) 'i statistical
record of the arrival and receipts of all vessels in Gloucester engaged
in the lishing business ; I have done that since I have been hero, a year
ago last January ; also, through correspoiulents and agents at all other
ports, from Prince Ed\/ard Island, on the extreme east, as far as
Philadelphia, on the south, to ascertain the arrivals and receipts at
other i)orts ; also to ascertain all general information, where the (ieets
are, what tliey are doing, with what success they are meeting, as well
as to secure all the statistics jiossible both hero and elsewhere.

Q. So that it has been your duty to get all obtainable information in
connection with your position in the Fish Commission of the Uuited
States ami the American Fish Bureau, as it comes to your knowledge
from time to time, as to the whereabouts of tishing vessels, whattbey
are doing, with what success they are meeting, &c. ? — A. As far as pos-
sible, yes.

Q. llavo you kept records and made tables of this information !— A.
[ have. I have the name and cargo of every vessel that has arrived iu j
Gloucester since I have been here, since a year ago last January, and
a daily record from all the other leading ports, as 1 have received tliemi
from day to day.

Q. Do you compile these records so as to show the yearly retunis of j
cargoes? — A. I compile them, so far as Gloucester iu concerned, ouce a j
week, showing the arrivals from the various fishing grounds; I also!
compile monthly, quarterly, semi annual, and yearly statements at tbej
close of the season.

STATEMENT CALLED FOR.

Senator Edmunds. We should be glad to have you make a tabulatedj
statement, if you will bo kind enough, at your convenient leisure, which
you can send to me liereal'ter, unless you have it made now, of the
suits of these fishing operations since you began to keep this record,.
to the quantity of fish taken by American vessels and by foreign tc»
sels, the places where they were taken by American vessels, whetheij
inshore or offshore, and the value of those fish ; in short, a summarized
statement of information bearing upon the i)oints you have heard usj
discussing here.

The Witness. I shall be pleased to do so. So far as my work hm
is concerned, since I have been here iu Gloucester, everything Iiasbceii
reported to the United States Fish Commission, at Washington.

Q. How long have you lived iu Gloucester? — A. Since a year agq
last January.

Q. Where before that? — A. In Boston.

Q. What business were you in i-^ Boston? — A. I have been in i
same business since 1874.

Q. Did you fit out vessels? — A. No, sir; I have only just been
gaged in this business of collecting and compiling statistical and ge^
eral information in legard to the fisheries.

MACKEREL 0

THREE-MILE LIMIT.

Q. Perhaps you can tell now — ^you have been so long in the busine
of obtaining statistical information of the details of American fisha

AMERICAN FISHERY INTERESTS.

801

ifg—wbut proportiou, in your opinion, of the mackerel ciuigUt by Amer-
icaa fishing vessels in the Gulf of St. Lawrence and adjacent waters
have been taken within tbree miles of the shore! — A. That I couldn't
say. As far as the amount of mackerel taken off the Nova Scotia and
otber provincial shores is concerned, it iS not far from 4J per cent, of
thepross catch for the last Ave years. I have kept the accounts very
closely in regard to that.

MACKEREL CAUGHT IN AMERICAN AND PROVINCIAL WATERS.

The gross catch from 1881 to 1885 amounts to 1,797,583 barrels of salt
mackerel.

Q. Where? — A. Landed in the United States, caught by the New
England fishing fleet from all ports ; of which only 75,711 barrels were
takeu from the provincial waters off Nova Scotia and Prince Edward
island. What proportion of that was taken within the three-mile line
I could not state.

Q. You have not the means of knowing ? — A. Except in a general
way, from conversation with fishermen; they would always say scarcely
any at all, or very little.

Q. Did you hear them say that before the Ist of July, 1885? — A. I
have always heard them say that, as a general thing, very few fish were
taken near the shore ; that the water was shallow, and there was great
danger of tearing the seines; and that the flph were more apt to beout-
BJde tbau inside.

CHARTS.

Q. Did you help make these charts hanging on the wall of this room,
showing the fishing grounds, &c. ? — A. Yes, sir.

Senator Edmunds. One of them, containing the tables, I wish you
would file with the clerk of the committee.

Q. Who helped you make these charts? — A. Captain Joyce, of the
I steaoier Novelty.

Q. Has everything that has been put on there by you and Captain
I Joyce been put on truly and according to your best knowledge, infor-
mation, and belief? — A. As far as wc knew. I do not pretend to be an
expert ou the fishing of the Provinces; I just assisted Captain Joyce.
He was a practical fisherman, and he outlined it and I put in the statis-
tics, and also assisted in making them ; but Captain Joyce niaiuly was
I the expert to lay out the ground. I have never been over the ground.

Q. When were these charts made? — A. Last winter, I think, along
I about January. All the statistical portions and comparisons I made.

Q. What would be the expense of getting duplicates of these charts ? —
I A. Five or six dollars.

\■^i

SALT AND FRESH FISH.

By Senator Saulsbury :

Q. Will your statistics show the proportion of fresh to salt fish ? — A.
|Jo,8ir; the fresh fish I have paid very little attention to, with the ex-
Iteption of fresh halibut, for the last year and a half, since I have been
IMte, and I have no statistics of fresh fish at all that are complete. I
|we paid attention only to salt and dried fish.

Senator Edmunds. Later on we will examine Mr. Earll at Wash-

?gton. He belongs to the Fish Commission ; be will furnish statistics

ru8.

S. Ex. 113 51 '

802

AMERICAN FISHERY INT

T8.

By Senator Frye :

Q. I muler.stoo<l you to say that tlieso iniuutus ou one of these cliiirts
were taken from statistics ? — A. Yes, sir.

MACKEREL CATCH FOR ISSij.

Q. Is the statement correct immediately boh)w these words: "Mack
erel catch by the United States vessels for the season of 1885" I— a.
That is correct so far as I iiiiow.

Senator Frye. Tliat statement is as follows:

Barr«lt.

Aiiionnt of iniickerul tiikoii within tlireo iiiilcH of the proviuciul Hhores 6.564

Total uiiioHut taken in tlm Gulfol St. Lawrence 2t',6:t:i

Anjonnt taknu otl' the United 8tato» count ilTf.rjl.'i

Total catch by the American tieet 40;,11-

Q. That was during the continuance of the treaty and the restoration
of it by Mr. Jiayardf — A. Yes, in 1885. This also iacludes the total
catch of fresh mackerel for the season. That is made up from (be
returns by the captains of vessels at the close of the season.

OCTOBER "century" ARTICLE IN REGARD TO GLOUCESTER FISH

ERIES.

Q. Who is Captain Collins? — A. Capt. J. W. Collins is at present!
employed by the United States Fish Commission. He is captain of the j
Fish Commission schooner Grampus.

Q. What is his special business ? — A. Ue is subject to the orders of j
Professor Baird.

Q. Engaged in the fisher' siness all the time and gathering statis-
tics?— A. Sometimes he is ''ashington engaged there, and some-
times at sea, wherever he is ordered by the United States Fish Com-
mission.

Q. Did you read the article in the Century written by him?— A.
did.

Q. What number of the Century 1— A. October, 1880.

Q. Did you examine the article carefully ? — A. I did not. I glauce(l|
over it very hurriedly, coming down on the train from Boston.

Q. Do the statements contained therein agree with the knowledd
you possess, so far as you have investigated? — A. From glancing ove^
it hurriedly I should say they do.

Q. It is a pretty important statement of facts, is it not ?— A. Yes, 1
consider it so.

Senator Frye. Mr. Chairman, I move that the chairma,n of tbe sail
committee be requested to communicate with Captain Collins, and iiav
him verify the article contained in the October number of tbe Centur;
on this question, and that after being verified it be admitted asevideuo
before the committee.

Senator Edmunds. If there is no objection an order of that kia
may be entered on the minutes.

AMERICAN FISHERY INTERESTS.

TESTIMONY OF BENJAMIN H. SPINNEY.

803

Gloucester, Mass., October 5, 1886.
BENJAMIN U. SPINNEY Hwoni niul examined.

By Senator Edmunds :
Qmstion. What is your age 1— Answer. I will bo twenty-nine next
December.

Q, Wiiore do you reside? — A. I reside at Gloucester.
Q. How long have you lived here? — A. I was born and brought up

1 ten'.

Q. Wliiit is your business? — A. Fishing.

Q. Have you been in that business all the time! — A. Yes, sir. I
I have been more extensively interested in the business during the last
[tight >ears.

Q. How many vessels have you? — A. I hav**, three.

Q. What kind of fisheries are they engaged in? — A. T have got one
I to Georges, and one to the Banks salt lishing, and one catching halibut.

CASJ5 OP THE EVERETT STEELE. ^

Q Ilfive you had any of your vessels interfered with by the people
IcftLo Provinces ? — A. The Everett Steele was seized in Shelburne.

Q. I suppose you were not on her at the time? — A. No, sir; 1 was
hot on board.

Q. Wbat was ^bo n ne of the master? — A. Charles II. Forbes.

(J. Wliero is he uo .' — A. He has gone home.

Q, Where is his home? — A. lie lives in Nova Scotia.

Q, Is be an American citizen ? — A. Yes, sir.

Q, You can state what happened to the Everett Steele, according to
^our iiil'orrnation. — A. The vessel fitted out here and sailed, I liiink, ou

lie 23(1 of August. She was fitted for three months, and supposed to

pke a voyage for the rest of the season.

Q. What kind of fishing was she going on? — A. She was going on a

pit trip.

Q. For mackerel, or cod? — A. Codfish. She was full of salt and had

jir provisions and all her gear for the necessary length of time it was
ated she would be out. She sailed, and she baited at the Isle of

bils, aud went down. She fished, I think the master said, four or

fi days, when his water got out or nearly so, and he went in. I
iieve his pumps also got out of repair and a few of his blocks, and

[went in to Shelburne to fill up his water and repair his pumps and
icks. There he was seized by thi^ Captain Quigley, I believe his
me is. and kept there about twenty-four hours. There was a- i>art of
icTcff left; they wouldn't stop ; that is, if they couldn't go on to

W up a voyage. They bad been fishing oil' the shore about 15 miles
Liid when it came bad weather they ran in under Sand Point; that

|»boat9miles from the customhouse; and Captain Quigley said it
old be necessary for them to report, and he should comi)el them to
pf.v tiuie they came in. The vessel has always been down there, and
[Sys before had the privilege of going in in bad weather and lying
' iiutil it was suitable weather to fish. So the men they mutiuized,
|tl!e theory that if they couldn't have the shelter of the port they
Tlda't remain any longer, and part of them left. He brought his

5^ .,»

m

"^%

HS5|i

804

AMEUICAN FISHERY INTERESTS.

vessel home, and had ftve inea left besides himself when he got here.
The voyage had to be abandoned.

CANADIAN POET REQUIREMENTS.

Q. Had your vessels been required to report before this year?— A.
No, sir; not under a fishing license. I had one schooner that went
herringiug to Newfoundland one winter, and she carried some stuff
down to trade, and whatever i)ort she made it was necessary to re-
port.

Q. I suppose that vessel had a permit to touch and trade?— A. Yes,
sir.

Q. But when your vessels are merely going on a fishing trip under a
fishing license and want to go in for shelter or repairs, they have never
been required, as I understand you, to report until this case!— A. iso^
air.

TESTIMONY OF CAPT. EDWIN JOYCE.

Gloucester, Mass., October 6, 1886.

Capt. EDWIN JOYCE sworn and examined.

By Senator Edmunds:
Question. What Is your age? — Answer. Thirty-one.
Q. Where do you reside? — A. Swan's Island, Maine.
Q. What is your occupation? — A. Fishing; mackerel seining.
Q. How long have you been in that business? — A. About fourteeaj
years.

Q. Have you been fishing this year? — A. Yes, sir.

case of the moro castle.

Q. What vessel have you been in? — A. The Moro Castle.

Q. Is that a schooner? — A. Yes, sir.

Q. About how many tons ? — A. About eighty-four tons.

Q. Have you been interfered witii or molested by the Oanadiaos i
any way? — A. Yes, sir; they took our schooner about the 11th of Sep
tember, at Port Mulgrcive, in the Strait of Canso.

Q. You were in the Strait of Canso at that time? — A. Yes, sir.

Q. What were you doing? — A. We were going through there; ha
some idea of coming home; didn't know whether we would or notcer
tainly.

Q. Were you under way? — A. We had been anchored about fiftee||
minutes when we were seized.

Q. What part of the strait were you in?— A. We were about halfwaj
through.

Q. What ditl you anchor for? — A. The tide turned against us, and th
wind was moderate and calm, but we had to tow in to keep from goin
back again to where we had come from. We towed some hour andj
half, I guess, with a boat, to get in.

Q. That is, towed with your own boat? — A. Yes, sir. j

Q. Was that the only reason why you anchored? — A. Yes, sir; th^
was the reason why we anchored.

AMERICAN FISHERY INTERESTS.

805

Q. Had you undertaken to have any communication with the Hhorel —
A, No, sir.

Q. What took place there after you had anchored ? — A. As soon as
we had got the sails furied the collector of customs come aboard and
gavs, "I am going to inform you, captaiu, that 1 have seized your vessel
in tlie Qiieeu'H name." He says, " It isn't anything that you have done,
but it is something that was done in 18b4." That is what he stated at
that tiiue.

Q. Wliat lUd he say was done in 18i<4? — A. He said he didn't know
what it was; he said the claim was sent from Chester, Nova Scotia, and
he had orders from Ottawa to seize the schooner if she came there, but
what the claim was he didn't know.
Q. What happened then? — A. lie then ordered us to take the schooner
across to Port Havvkesbury ; that is on the other side of the Strait. I told
bimif'it was for somethinj^ I hadn't done, that I should refuse to do it;
if he wanted the schooner taken over he would have to take her over
that night, as we had just towed in. But he said it would be some ex-
pense lor the owners for him to put on a gang to take her over. I told
him if he would wait until morning, and there was a breeze of wind to
do it at that time, to save expenses to the owners we would take h^r
across.

Q, How far across ? — A. About a mile and a half, I think,
Q. Doea the tide set pretty strong through that strait ? — A. It does
in the spring ; I think there is about a knot and a half or two knots tide
any time.

Q, Did you stay all night there where you lay ? — A. Yes, sir ; we did.
He had two of the cutter's men and the custom-house officer, Mr. Rur-
neaii,8toi) aboard all night.

Q. What took place in the morning? — A. In the morning we took
her across and anchored her at Port Hawkesbury, with only one watch-
man aboard at that time. The cutter came up and he had another
watchman put on board the schooner, and we lay there some three days
and the cutter lay alongside of us. I guess this was Saturday night.
j Monday morning I telegraphed to her owners in Gloucester, and they
I telegraphed back that they had telegraphed to the consul-general at
Hahfax, and for me to act under his advice.

Q. What was this armed cutter that lay alongside of you ? — A. It was
I an armed cutter ; one of these sailing cutters that they have down there
I this season, named theHoulette.

Q. How long did you lie at Port Hawkesbury, and what took place t —

li We lay there, I think, some four or five days before they took the

schooner in to the wharf; they then took her in to the wharf, and the

fatter left as soon as we were taken in. We lay a couple of days to the

pharf before they stripped the schooner, and then the custom-house of-

jicei'siiitl he was going to take the schooner and shut her up, and that

lie consul gcyieral would have to look out for us.

Q. What did you do then ? — A. So 1 weiit and saw Consul Clougb. I
jbl seen him before, anil he made arrangements to send us home on the
I steamer.

'I ^0 you had to U-ave yoiu" vessel and come home? — A. Yes, sir.
jWhilc 1 was there 1 wauled the collector of customs to give me a state-
jtifiit in writing as to what he would release the vessel for, and I would
pwl it home to the owners. He said, "There is no need of that; you
jwii ti'legiaph to the owners, and they will do all that is needful." I got
jliiiiito flijure it up to see what she could be released for, and finally he

;i;,'.ta:ji

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806

AMERICAN FISHERY INTERESTS.

said that on the claims against lier they would release her on deposit of i
$1,G00.

Q. What did you have on board at that time — any thing besides your
outfit? — A. We had about 39 barrels of mackerel.

Q. How long had you been down in those waters? — A. About five!
weeks.

Q. Before yon left Port Hawkesbury did you learn of what the vessel
■was accused ? — A. Ii^o, sir ; we couldn't find out. 1 found out that thev
had two claims against her this season. This English detective that j
was there said he had claims enough against the vessel to take her and I
four just like her, allowing they had done just the same thing.

Q. Did be tell you what that claim was? — A. He didn't tell .vhatiti
was.

Q. You spoke of two claims made against her this season ; what were j
those f Do you know ? — A. One was for getting stores at Tignisli, I
Prince Edward Island, to go home. We were bound homo and hadn't
enougii stores to get home with, and we went in and got some stores,
enough at least to get home with, some $44 worth, I think.

Q. Was that the same trip? — A. No, sir; that was the trip before, iuj
July.

TIGNISH.

Q. Did you pay any harbor and port dues, pilotage, or anything of!
the kind, at Tignieh ? — A. No, sir ; we did not. There is no harbor!
there, and I never knew of their having a custom-house there.

Q. What sort of a place is Tignish? — A. It is just a straight coast!
along there ; there is a little boat harbor there that takes, I thiukj
about G feet of water, but our schooner draws 10 and 11.

Q. How much of a village is it? — A. There is no village thereat i
just scattering buildings.

Q. Any store ? — A. Yes, sir ; a little store kept by an American fisb|
firm there, by the name of Myrick.

Q. Did you see any custom house there when you went ashore t—A.j
No, sir.

Q. Did you see any custom-house oflBcers? — A. No, sir.

Q. Did you see any British flag? — A. No, sir; nothing to indicate i
custoiu-house in any way or shape.

MIRAMICHI.

. Q. W^hat was the other thing they said you did this year ?— A. Thej]
had a claim on us about getting salt out of Miraniichi.

Q. What wera the circumstances about that? — A. We got some sal^
out of a N ova Scotia schooner named the Zelia.

Q. Was that in the port of Miramichi? — A. Yes, I suppose so;
don't know. We were, 1 suppose, some 20 miles from the customhouse
The square riggers that come here go up the river 20 miles.

Q. You were at the mouth of the river ? — A. Yes, sir.

Q. How much salt di<l you get? — A. We had 15 barrels of salt.

Q. You bought it from a Nova Scotia vessel that had some!— A. W
didn't buy it at all; we simply got the salt from a brother of our ownel
and 1 got the salt of him and never paid for no salt. Hejustsiuiplj^
said for me to tell his brother, and I never paid for the salt, and neva
took the scratch of a pen for it.

Q. You were in need of a little more salt? — A. Yes, sir. Theylia
been there the year before and exchanged salt with each other, and I
Baid it was all right.

AMERICAN FISHERY INTERESTS.

807

Q. Did you liave a permit this year to touch and trade with that
ship!— A. No, sir.

Q. And you did not in either of these instances see any custom-house
or any customs officer? — A. Nothing of the kind.

Q. Did you go into Miramichi for the purpose of getting salt? —
A. No, sir ; we were in there for shfdter.

Q. Who are your owners ? — A. Lorin B. Norse was the owner of the
schooner I was in.

Q. You say his brother's schooner happened to be there j was she
lying there ? — A. Yes, sir ; she was in for shelter the same as we were.

Q. She was fishing ? — A. Yes, sir : seining for mackerel.

Q. She was a Nova Scotia vessel ? — A. Yes, sir.
• Q. You in fact, then, borrowed that amount of salt from the brother
of your owner?— A. Yes, sir.

Q. And those are the only two things that you were informed of while
you were there that are the causes of complaint ? — A. Those are ttie only
two things..

By Senator Feye:
Q. The vessel is there now, is she not? — A. Yes, sir. The American
consul, Clough, sent us home.

TESTIMOKT OF ORIN B. WHITTEN.

Portland, Me., October 6, 1886.

ORIN B. WHITTEN sworn and examined.

By Senator Feye :

Question. Where do you live ? — Answer. I live in Portland.

Q. How long have you resided here? — A. Twenty years.

Q. What is your business ? — A. Fish business.

Q. In what direction, or in what capacity ? — A. We are owners of
vessels.

Q. How' mjuny ? — A. We have 14 or 15 now that we are interested in.

Q. Are you in business u any other way than the fishing business ? —
L That is all.

Q. What is the character of the vessels you own ? — A. They are cod
and mackerel finhing vessels.

AMERICAN MACKEREL VESSELS AND UTFITS.

Q. What is the average tonnage of a mackerel- fishing vessel? — A. 1
should say 60 tons ; that is only an estimate, of course.

Q. What do they cost per ton ready for business ? — A. I should say
that the average cost of a vessel ready for sea would be, with all fish-
ing appliances, about $10,000. I get this information 8omewhf*,t from
others,

Q. That is over a hundred dollars a ton t-^-A. Yes, sir.

Q. That includes appliances ? — A. That includes appliances.

Q. What would it be without the appliances, ready for fishing ? — A.
Perhaps about |8,000.

Q. Wliat is the character of the vessels as to quality ? — A. The very
best.

^Ptl!

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808

AMERICAN FISHERY INTERESTS.

Q. Made of hard wood ? — A. Made of bard wood.

Q. Oak?— A. Oak. ;

Q. Made substantial and strong 1 — A. Made first-class ; yes, sir.

CANADIAN VESSELS.

Q. Wbat is your knowledge of tbe Canadian vessels engaged iu the
same business ? Are you acquainted with them ? — A. I am uot fully
acquainted. I have seen Canadian vessels. They are made mostly of
spruce, soft wood.

Q. Ilave you any idea what they cost per ton as compared with
yours ? — A. Probably they wouldn't cost half as much as ours.

MACKEREL — WHERE TAKEN. •

Q. How many vessels have you engaged in the mackerel fisheries!—
A. Wo have some vessels that go cod-fishing in the early part of the
season, and for mackerel in the latter part.

Q. Where have you been in the habit of fishing for mackerel t— A.
Mostly dn this shore.

Q. How long have you been engaged in it ? — A. About twenty years.

Q. During those twenty years you have been so engaged what propor-
tion of your mackerel have been taken in American waters ?— A. We
never have made much of a business of sendiri vessels into tbe Bay;
about all our mackerel have been taken here during the last twelve
years.

Q. Where here, as a rule ? — A. Anywhere from Cape Cod to the Bay
of Fundy.

Q. And what proportion of those taken in our waters were taken
within the three-mile shore line ? — A. As far as my knowledge goes, I
think a very small proportion was taken within that limit.

Q. State, as nearly as you can, what percentage. — A. I should judge
not over 10 per cent.

SEINES.

Q. What has been the diflftculty, during the last ten or fifteeu years,
of fishing for mackerel within the three-mile shore Mne? — A. The only
difficulty in using a purse-seine is on account of the water being shallow.

Q. It is dangerous to the seines? — A. Yes.

Q. The bottoms are generally rocky on our coast? — A. Yes, sir; they
don't like to take the chances with a seine worth from $1,000 to $1,200.

Q. Does the same difficulty prevail in the Canadian waters?— A. It
does.

Q. So far as your experience extends with the fishermen of Portlaml,
how much of their fishing is done in the English waters for mackerel—
A. "Very little.

Q. And during the last fifteen or twenty years what proportiou of it
has been done within the three-mile shore line since the invention of the .
purse-seine?

The Witness. In the English waters?

Senator Feye. Yes.

A. Oh, very little indeed has been done within the three miles.

three-mile limit.

Q. If there was a treaty existing today by which you had the right]
to go iu the Canadian waters within the three-mile shoreline, woiildj
any of your vessels go there to fish? — A. I tliink perhaps there inightj

AMERICAN FISHERY INTERESTS.

809

be localities witbin that limit where they could fish with perfect safety^
but as a general rule 1 don't think they would make uee of the privilege
to fish wtbin three miles of the shore.

COD AND HALIBUT.

Q. Where do jour vessels take cod? — A. At the Western Bank,
mostly, and Quereau.
Q. bo jou flsh for halibut? — A. We do not.

BAIT.

Q. In Ashing in Canadian waters for halibut — I do not mean in waters
ivithiu their jurisdiction, but oft' their coast on the Banks — what neces-
sity is there for your fishermen to go into their ports for bait? — A. Not
any vfhatever. All oar vessels for cod-fishing use salt bait, which we
get here, antl about all the fishing done in Maine is done with the use
of salt bait.

Q. What kind? — A. Clams; the same as the Nova Scotia people use.

Q. So that that privilege of going to buy bait into English waters is,
in your opinion, woWh nothing? — A. Not to us here; for what we call
the dory fishing, hand-line fishing; that is about all we do here.

Q. You do not trawl? — A. We trawl some, but very little.

By Senator Edmunds :

Q. Why do you require a different bait in trawling? — A. On the
trawl they use a fresh bait; the trawl extends a long distance.

Q. But if a cod will bite a salted clam at the end of a hand line, why
Dot on the trawl? — A. No doubt he would bite it, but still, where these
vessels go they come to anchor and drill for their iish, and they take
along string of gearing and thousands of hooks, iud they use fresh
bait because they think the fish will take it more readily than salt bait.

By Senator Fkye :
Q. Is there any necessity of going into the ports of Canada to get
I fresh bait? — A. It is not necessary; they can get it here and take it
with them. There are thousands and thousands of barrels caught no
further off than Wood Island.

CANADIAN PORT PRIVILEGES.

Q. Do you consider valuable the privilege of going into Canadian

[ports to buy bait? — A. I do not consider it of any value at all." The

vessels that go there with salt bait get their trips a goofi deal quicker

tliauif they had had to go for fresh bait, because sometimes they have

jto go a hundred miles for fresn bait, and before they get back to their

' hiug grounds the bait may spoil. Then, again, it is an inconvenience

lintbis way: When the crews go ashore they almost invariably make

jilrafts on account of certain things they want. So, on the who^e, I

Ife it that it would be better for us to send all our vessels with salt

ito the Banks than it would be to depend on fresh bait on the Nova
|Scotia shore.

Q. Then, so far as the Canadian ports are concerned, other than for
Iporposes of shelter, water, wood and repairs of damages, it would be
liietterfor the fishermen of Maine if they were not permitted to go in at
P'-A. I think so; I don't think there is any occasion for them going

810

AMERICAN FISHERY INTERESTS.

in for shelter^ because our vessels are far from there. Perhaps they
might be able to go in in C3«e of a storm, but generally during tlieflsli.
ing season we have no occasion whatever for shelter or water-»-tbat is
for our vessels from here.

FREE Fisn.

Q. What can Canada give the Maine flshernien, so far as you know,
that would be an equivalent for our market to themf

The Witness. Our market free to them ?

Senator FiiYE. Yes. v

A. Not anything. I can't see anything that they have to give us to
offset the advantage they would gain by a free market here.

Q. Do you know anything that would be valuable to the Maine fish-
ermen that could form the basis of a treaty with Canada reciprocal in
its character? — A. I do not.

VESSELS AND OUTi^'ITS.

Q. What does your outfit cost?

The Witness. That is, just the i)rovision8, you mean, or the barrels, I
salt, and everything?

Senator Frye. Take the whole outfit.

The Witness. The seines, too ?

Senator Frye. Leave them out. The fitting out you make foraj
voyage.

A. For a Bank trip they might cost, taking the dories, the salt, bait, J
and lines, 81,200.

Q. And does that include provisions? — A. Yes; I think $1,200 toj
$1,500 would perhaps cover the whole.

Q. How would the Canadian outfit compare t^ith yours iu cost?— A.j
I cannot sny.

Q, You do not know? — A. Only what I gather from wbat I LaveJ
heard.

Q. You may state from the best information you have from fisberJ
men. — A. From the best information I have from fishermen they can filj
a great deal cheaper than we can; they live differently.

Q. More cheaply ? — A. Yes, sir. We are a sort of progressive peo
pie, and even the fishermen want the best there is, so that we have toj
fit our vessels with the very best possible.

provisions.

Q. What J.U you put on board your fishermen for food ?— A. Tb
same almost as we have at hotels.

Q. Coffee and tea?— A. Yes, sir; and pork. When they live at liou
they live off the market; when they get in off a trip they generally]
to market for fresh food, vegetables, &c. Some even take conik'iisei
milk, tamarinds, ai)ples, and everything of that kind.

COMPENSATION OF FISHERMEN.

Q. On what terms do your vessels engage iu fishing?— A. Tboysai
on what we call half-line; that is, the owners of the vessels furnish tM
vessel with everything required to catch fiih, and the crewbaveoiij
half the proceeds of the fish, and out of their half they pay tbe coor
wages and one-half the bait byi.

AMERICAN FISHERY INTERESTS.

811

Q. When do they get their pay? — As soou as the fish are sold. For
iDStance, if a vessel comes iu today with mackerel, just as soon as they
are sold the crew, as a general thing, are settled with ; or, if they leave
before the mackerel are sold, they are settled with when they return.

Q. Are they paid in cash ? — A. They are.

Q. Do you know whether or not the Canadian fishermen are paid out
of stores? — A. 1 am told that they live out of the stores altogether.

EFFECT OF DUTY UPON THE CONSUMER.

Q. When your vessels come in they sell tlieir cargoes of fish to the
wholesjiler, do they? — A. Yes, sir.

Q. And then what becomes of them ? — A. If they are codfish they
are cured and put into the market, and then they are shipped all over
the country. Our mackerel are packed ready for market, and then they
are shipped all over the country.

Q. Do you deal to any extent in fresh fish ? — A. Not any.

Q. What, in your opinion, is the effect of the present duty upon the
price of fish to the consumer? — A. It has no effect whatever.

Q. If there is any effect it is between the fishermen and the whole-
saler?—A. Yes, sir; I do not think the consumer has to pay any more
with duty than he would without.

Q. Have you ever noticed that the duty had increased, or that the
absence of duty has decreased, the price of fish to the consumer dur-
ing the last fifteen years ? — A. I don't know that the duty has any-
tbing to do with it whatever. In fact, it is strange that salt fish were
uever so low as they are at the present time with the duty on.

FREE FISH.

Q. Then, if the duty does not affect the prices of fish to the con-
sumer, what is your objection to opening our markets to the Canadians
and allowing them to bring in their fish free ? — A. Well, I believe that
New England is sufiQciently equipped now so that we can furnish this
country with all the fish it wants. I believe if you open this market
free to the Canadians it wUl encourage them to increase the number of
their fishermen. They, or course, can feed their men cheaper than we
can, and as a general thing they can catch their fish cheaper than we
can; and if they come into this market free it is going to have some
effect upon the amount of fish we bring in. I believe this is an indus-
try that is worth protecting. Htre are millions of dollars invested in
this business, and I believe New England is entirely able to furnish all
the fish required, and so I don't believe we ought to do anything
thereby we will increase an icdustry to foreigners at the expense of
our own people. You can see that the materials entering into the con-
struction of their vessels cost so much less with them than with us, and
their manner of living is so much less costly ; and taking everything
into consideration, with the tariff" of duties that we have to pay upon
*verylhing that enters into the construction of our vessels, it would
seem to me to be impossible for us to compete with them if they had
the privilege of bringinif their fish in here free. It would have a ten-
<iency to increase their fleet ; for the last eight or ten years their fleet
has actually increased about 33 per cent, and ours has fallen off. Of
tourse there has been a cause for this.

I I' )

■■i

,j.

$

T

m

812

AMERICAN FISHERY INTERESTS.

FISHERY BUSINESS OF GLOUCESTER AND PORTLAND.

Q. That was under the influence of the treaty of 1871 !— A. Yes, sir.
This is a very large business. You have been to Gloucester and have
seen the extent of it there. We consider ourselves second in tbe fish
business, and year before last we came, I think, within 8,000 barrels of
taking as many mackerel as they did at Gloucester. We took lOl.OOo
and they 109,000.

DUTY ON SALT FISH.

By Senator Edmunds :

Q. Have any Canadian salt fish come to Portland within a year!—
A. Yes, sir ; most every month they come here.

Q. Both mackerel and cod I — A. Both mackerel and cod.

Q. Who do you think bears the duty that is paid on cod now ! Does
it fall on the Canadian shipper, or fisherman, or does it fall on the
wholesale dealer who buys it of the Canadian ? — A. I think it falls on
the one who brings it here.

COD AND MACKEREL FISHERIES OF MAINE.

By Senator Frye :

Q. How many flshibg vessels do you think there are in Maine engaged
in the mackerel and cod fisheries ? — A. I estimate, from my best knowl-
edge, taking all there are in the fishing business, perhaps 600 sail.

Q. They average about how many men to a vessel? — A. Ten.

Q. Do not yours average more than 10? — A. Yes, sir j I was taking
small ones and all. Our mackerel catchers will average about 15 or 16.

NATIONALITY OF FISHERMEN.

Q. What proportion of your men are American citizens? I do not
mean born here. — A. Take our mackerel catchers, and I think that I
can safely say that seven-eighths of them belong here in Maine. Oar
cod-fishermen may be somewhat di^eient, because we have some that
come from Nova Scotia to ship ia out vessels ; still, when they come
here a great many of them remain and becoype citizens. Our mackerel
fishery is more in the hands of ounown people.

Q. What kind of sailors are these ? — A. Good sailors ; no better. I
think I have got vessels that haven't a single man on them but Amer-
ican.

FREE FISH.

Q. What, in your judgment, would be the elfect of a treaty giving our I
markets free to Canada lor 15 or 20 years ?— A. I think tlie business j
would have to be abandoned by Americans.

Q. Where would the fishermen go t— A. They would go to Nova Scotia,
You would find that the fish would become a luxury, instead of cheai>|
food as they are now, for it is almost impossible for us to net along uow.
In fact, the duties are not as high as they ought to be. There ought t()i
be a change made in some way, it seems to me, because the duty of fij
has not a sufficient effect in keeping them out. I

Q. The duty is very low ?— A. Very low. Fifty-six cents a quintal is a|
small object, of course, but it i." not enough to pay for the difference thatj
we have to have between our methods of fitting and furnishing oiir ves'|
sels and theirs.

AMERICAN FISHERY INTERESTS.

FRESH FISn.

813

Q. Has the market for fresli flsb beeu iucreusing very heavily 1 — A.
Very much.

Q. Hiive you notice 1 that it has had auy effect on the market for salt
fislii— A. Perhaps it may have had some little effect, but still, all the
lisli that are caught are sold after a while.

Q. Lliive not the methods of preserving tVsh fresh aud putting them
upon the markets changed entirely within the last 10 or IG years? — A.
They have entirely.

FROZEN FISH.

Q. They are now taken in refrigerator cars, after having been frozen
anil transported all over the country ? — A. Yes, sir.

Q. So that our fish may be preserved by freezing or bjt' being packed
ill ice ajmost as well as by being cured? — A. They can be preserved a
long time. I s^uppose they can be carried a fortnight, and I don't know
bat longer, and by a certain process they can be preserved a year, in
the ice refrigerators.

Q. If a cargo of fish comes in and is entered at Portland, is there any
ili&iculty about transporting them to the city of Lewiston and there
kviuj: them all cured ? — A. None at all.

Q. So that the law is very easy to be evaded? — A. Yes, sir.

DUTY.

Q, What, iu your opinion, ought to b(» done as to fresh fish? — A. I
(iou't know as I am prepared to say ; perhaps others know more about
that than I do,

Q. I mean as to the imposition of a duty. — A. I think there ought to
be a duty upon fresh fish.

Q. That is, upon fish landed in a frozen condition ? — A. Yes, certainly ;
they are really as much preserved as salt fish.

V EXPORTATION OF FISH.

Q. Do you export any fish ? — A. We. do some ; that is done mostly
through commission merchants; the fish go to the West Indies princi-
pally. We make a great many of our fish for export.

Q. Is there any country to which you export fish in which you are not
met with a duty? — A. We do not do enough of that business to be ac-
quaiuted with it.

CLOSE SEASON.

Q. I want to ask you your own opinion, and the opinion of the Maine
fishermen, as to a close season.^ — A. I am glad you asked me about that.
lam sure that is tfae only salvation for the mackerel business. I can
assure you that unless there is something done to protect the fisheries
ill the early part of the season it will only be a few years until the mack-
we' business will be a thing of the past.

Q. Why? — A. Because taking the fish in their spawning season de-

''troys them; not only that, but taking a fleet of vessels and going into a

j school of fish, must, of course, drive them away; the larger fish go off-

I «tiore and seek some other place. For inst^ruce, I sometimes believe

'hat the cause of there being so many fish in the Canadian waters this

n\:

H14

AMERICAir FISHERY INTERESTS.

year is on account of our fleet of ISO sailing vessels K<)i»ff soiuli and
scattering them, and driving tliem away; really (aliasing tiieni.

Q. Do you tbink those mackerel are good for anything to eat wbeu
they are carrying spawn f — A. Not when they are carrying sj)awn.

Q. When they deposit their spawn they go deeper, do they uot, so
that yon cannot take them ? — A. Yes, sir.

Q. So that in the months of April and May, in your opinion, they are
not fit to eat? — A. They are not; they are very poor; they are notfli
for an article of food, although they are carried to New York iu abmi-
dance and eaten. Still, 1 do not believe they are fit to eat ; and not oulv
that, but 1 believe every one of those fish you catch is destroying a bet-
ter flsh, and in fact destroying thousands offish.

HABITS OF MACKEREL.

By Senator Edmunds :

Q. What time do the mackerel first appear on this coast! — A. About
the first" or middle of June.

Q. Do they spawn after thf y get here? — A. As a general thing, I
don't think they do ; there may be a few exceptions, but as a geueral
thing I think the flsh spawn previous to June.

Q. Do you think they spawn farther south ? — A. Farther south; yes.

Q. Do you belie\-«) that the flsh that were found ofl:' Hatteraslast
March, for instance, and so along up the coast ott" Maryland, Delaware,
and Istw Jersey, and off Block Island, are the same ones? — A. 1 do.

By Senator Frye :

Q. What do you understand to be the opinion of the mackerel fisher-
men of Maine as to this question of a close time ? — A. I believe tliat I
could get ninety-nine out of one hundred to say that that is cue thinjf
that ought to be done, to make a close season. I am sure that tblsis
the opinion of the great majority of all flshermen iu Maine.

Q. Is that early fishing conducted by any flshermen except those of
Maine and Massachusetts? — A. No, sir.

Q. None in New York? — A. None in New York.

Q. And none farther south? — A. None farther south. . />*

By Senator Edmunds :

Q. Do those flsh cspawn iu the Gulf of St. Lawrence ? — A. I don'r
think they do.

Q*. You think wheii they are flrst found in the Gulf of St. Lawrence is
after they have flnished their spawning? — A. Yes, I think so

THREE-MILE LIMIT.

By Senator Frye :

Q. Have any of your vessels met with any difficulty down there '—A.
Not any.

Q. They have not been within the three-mile^ shore line!— A, Ii)re
sume not. We have had two or three there fishing, but we gave them
instructions not to flsh within the three miles, and I presume tbey have
not.

Q. Have you pursued any mackerel flshing in the Gulf of St. Law-
rence?

The Witness. This year!

Senator Frye. Yes.

A. We had three or four vessels this year.

IMPORTATIOI

AMERICAN FIHHERY INTERESTS.

815

Q. Di<l they lish within threj miles of the shore liael — A. They say
;hev(li<l not.

(}. yViis there any necessity for doinfj ho! — A. No, sir.

Q. \V»MO there any other Portland flHhernien up there? — A. Some.

Q. Ditl they flnh within that limit?— A. I don't think they did-, T
Ibiuli they sdl had instruotiona to avoid it. Even if they ha<l desired to
isli 80 iHNir shore the water is so shallow that they could not do it with
safety.

Q. With seines? — A. No, sir; not with seines. That is about all the
lay it is done now. ^

CLOSE SEASON.

By Senator Saulsbitry :
Q. What would be the efi'ect upon the consumers of fresh fish if we

I were to have a close season? Do you suppose they could procure any
other flsh as cheap as those? — A. I should think it woujd give the peo-

I pie of the South a much better chance to market their shad caught oflF
lie Jersey shore.
Q. I understood you to say that there was a large quantity of fresh

Ikh caught in the spring and consumed in New York and at other
points!— A. Yes, sir.
Q. Of course they are consumed by the poorer classes of the city

I wd surrounding country. I say, can they find anything else as a sub-
ititateso cheap as those? — A. 1 think so. I think other fish are sis jden-
tifalas those. The shad caught on the Jersey shore would have a bet-
ter market; and the codfish and haddock which they catch there are
abnudant. I don't see vhy they couldn't find a substitute. It is not
always, you know, that they arc cheap. For instance, last year mack-
erel vcie quite high there ; they w?re scarce for a time, and there were
not so many carried in as there were the year before. The year before
tbey were brought in in abundance, and I have been told there were
more destroyed than eaten. That is where the difficulty is ; destroying

|ioinany in the schools.

IMPORTATIONS OF SALT AND FRESH FlSH FROM CANADA.

Q. What proportion of the fish that arrive at this port are sent by the
jCanadians or Provinces ?

The Witness. The proportion sent here?

Senator Saulsbury. Yes.

A. Very few mackerel are sent here from the Provinces, but quite a
[iiamber of cod are brought in.

Q I am speaking of fresh fish. — A. I think the amount of fresh fish
|biig;ht in from there is very limited.

Q. What proportiop do you su[)pose of the fresh fish that are sent to
Boston and other different ports of New England are caught by Cana-
fans and citizens of the Provinces? — A. All I know is what I saw in
jllie papers recently, that they had been sending a great many fresh fi.sh
pere.but probably it i. a small proportion of what are caught, because
he liave a great many vessels here and in Boston that are fresh-fish
[fessels and do nothing else.

Q. What proportion of the salt mackerel sold at this port and the
jfations ports of New England and other points are caught by the Ca-
Itediaus, compared with those caught by vessels belonging to this
P»try?_A. I could state exactly if I had the statistics; my judg-

«Bt would be perhaps 20 per cent.

8in

AMERICAN FISHERY INTERESTS.

Q. Has the preHcnt
exportation of Malt Am
have a certain quality
packitif; {nirijDMCH and
say. Their (<inall fish

Q. Then th(i tariff h
of Now Eiiffland, as I
tection.

UNITED

tariff upon Canadian flsh tended to rcHtricttbe
li from (Janadaf — A. 1 think not. I think they
that has to seek this market. Largo codfltdjfor
export oino hero almost exclusively you might
they ship directly to the West Indies,
as not furnished any i)roteetion to the flsliernicnl
understand!— A. Not particularly. Itianoproi

STATES AND CANADIAN VESSELS.

Q. You spoke of the relative cost of your vessels and of Cauadianj
vessels, and said that Canadian vessels would not cost more tluia oBe-l
half of ours. What is the rea.son of that ? Ilave you Ixitter ve8sel8f-A.|
We have better vessels ; we have vessels built of oak and hard wo

Q. Take one of your vessels of really just about the same value m
Oanadian vessel, and what would it cost hero! — A. I don't exactly nnJ
■derstand.

Senator Edmunds. Built the same way and of the same material,!
suppose.

Senator Saulsbuby. I mean of just the same intrinsic value, sajj
$o,0()(). If the Canadian vessel was worth $5,000, what kind of a ve
sel would $5,000 expended here build, of the same kind and out of tb^
same material ?

A. I don't know as I could answer that intelligently, because I doit
know that I am sufficiently acquainted with the building of vessels.

duties.

Q. You spoke of the duties ui>on articles entering into the constrnd
tion of your vessels as one of the items of increased cost. Do you knoi
about what duties would be paid upon the materials of a vessel tiiaf
costs $10,000 ? — A. It is my impression that it is about 30 percenj
upon the material, is it not I

Q. Upon such material as is dutiable, but all the material that go
into a vessel is not subject to duty ? — A. No, not all.

Q. What articles that enter into the construction and equipment of j
vessel are subject to duty ? — A. The iron, I suppose, hemp, riggings, aii|
sails.

Q. And anchors, I sui^pose 1 — A. Yes, sir.

TESTIMONY OF CHAELES A. DYER.

Portland, Me., October C, 1886.J
CHARLES A. DYER sworn and examined.

By Senator Frye :
Question. Where do you live ? — Answer. Portland.
Q. What is your business? — A. Fish business.
Q. How long have you been in it ? — A. About eighteen years.
Q. Do you own vessels ? — A. I do.

Q. How many?— A. I own eighteen first-class vessels and a
miany small ones — what you call shore vessels.

AMERICAN FISHERY INTERESTS.

817

Q. How long have you been the owner of vesselH ?— A. For eighteen

Iveiirs.

y. For the last ten or twelve years wh.it kiutl of busini«88 have your
Iri'ssels hwii engaged int — A. JNIoHtly in tlie niackerel bunineHS.

Q. Auy iu the eod I — A. No, Hir.

MACKEREL— WnEUE TAKEN.

Q, During the hwt twelve or (ll'tet'ii ytuirs where have the bulk of
ivour mackerel been taken 1 — A. On the American Hhore.
I' Q. How far ont t — A. They have been taken inuhore and olVshore.

y, What proportion ontsiile of the three-mile line along onr whore t —
|a. 1 could not say as to that.

Q. A very much greater proportion than inside ? — A. I think so, on
Recount of th«i shoal water.
Q. Do all yonr vemsels nse seines for nniekerel? — A. Yes, sir.
({. Do yon go Sonth in March 1 — A. Yes, sir; I send fonr or live ves-
*ls.

Q. How long do they i)nrsue the mackerel llshing bnsinesa in the
leiwouf— A. They start abont the 151 h of March and they get back
liboutthe 1st of June.

VESSELS AND OUTFITS.

Q, What is tlie average tonnage of yonr niackerel vessels t — A. Sev-
Inty-flve tons.

[ Q. What is their average cost ready for business ?
I The WITNESS. Taking seines and everything f
I Senator Fbye. No ; rigged for sea.

A. About $9,500 apiece.
I Q, Are they built of white oak ?— A. They are.

Q. They are substantiaHy built, to stand the sea If — A. Yes, sir.
I Q, What does the average outfit for a season cost f — A, From $1 ,200
[)>l,r)00; some more and some less.

[Q. That does not include the seines ? — A. No; that is for the season,
K whole season, not for the Southern season, aiid includes provisions.
[Q. What kind of provisions do you furnish your men? — A. Good;

out the same as wo have to home ourselves.

INSHORE FISHING.

|Q. Have you during the last ten years engaged in catching mackerel

I English waters ? — A. Yes, sir, but very little; most of our vessels

pflsbed on this shore.

[Q. Any within the three-mile inshore line of Canada ? — A. No, sir; I

[ink not.

IQ. Where have you been Ashing this year ? — A. 1 have had six ves-

Jsi'.i the Bay of Chaleur, and the rest have been on this shore.

|Q. Did those that were in the Bay of Chaleur fish inshore? — A. No,

What has been the result of this season's operations ? — A. It has
jfn almost a complete failure on this shore, and about the same at the
P of Chaleur.

As a mackerel fisherman do you have any necessity for your men
^ng into Canadian ports ? — A. No, sir.

S. Ex. 1X3 53

818

AMERICAN FISHERY INTERESTS.

Q. Do you desire them to go iu there ? — A. I do not.
Q. Is there any occasiou to lish within the three-mile shore Hue?-
A. No.

BAIT.

Q. In your opinion, based oh your eighteen years' experience in tLe
mackerel fishery, is the privilege of fishing within the three-iuile shore
line of the Canadian coast of any value? — A. No, sir.

Q. Is the privilege of buying bait worth anything to you !— A. No
sir.

FREE FISH AND DUTIES. ^

Q. Do you know of anything in the fishery business that you desire |
of Canada, and which she can give you, that would be regarded by yon i
as an equivalent for free markets for her in this country I — A. Notbini;,

Q. What have you to say about the duty on fish? — A. 1 think If |
Canada is given free fish we shall have to give up the business to Can-
ada, and she will have a monopoly of it.

Q. Suppose a treaty was made with Canada by which for fifteeu years I
she could have free entry of our market, what would bo the result upoul
the fishermen of Maine ? — A. The result would be that they would doj
the fish business and we should have no fishing fleet.

Q. If you continued in the fishing business you would go over there?-]
A. I should go over there or go out of the business ; I should have tol
go out if I staid here.

COMPENSATION OF FISHERMEN.

Q. What are the average annual earnings of men in your busiuess?-|
A. They haven't earned anything this year to amount to anything.

Q. Taking it right through for ten or twelve years, what do youthiiikl
would be the average earnings? — A. One hundred and fifty dollars nr|
$200 during a season.

Q. What is the season ? — A. From the 15th of March uuiil the Isto^
November.

Q. What do these men do in the interim? — A. They go to sea,coaslrj
ing, and go iu foreign vessels, and some go to fishing.

'^ CREWS.

Q. How many men do you have in all your vessels and bouts?— A.J
Probably in vessels or boats some four hundred or five hundred.

Q. Hovir many men will your mackerel vessels average ?— A. They
will average about sixteen men to a vessel.

Q. That would give you about three hundred for your mackerel
fleet! — A. I should think about six hundred or seven hundred thei
These small boats don't carry more than three to five men.

NATIONALITY OF FlSHERMiiiN.

Q. What iii the nationality of those men; that is, what proportion ol
them are American citizens ? — A. I should say seven-eighths of ray me^
are Americans.

Q. Maine men? — A. Most of them; yes, sir.

Q. According to your experience of those who come over here M
Canada and engage in the fishery business, ultimately how many 1'

AMERICAN FISHERY INTERESTS.

819

como American citizeusi— A. From the experieuco around here it is
the whole of tbem,
Q. Wiiat kind of sailors are these that you employ? — A. First class
in every respect.

COMPENSATION OF FISHERMEN.

Q. Do all of your men j;o on what is called "the lay"? — A. They
do; that is, in the large vessels; in the small vessels they ^o dilferently.

Q. How in the small vessels ? — A. They find their own food and give
the vessel one-fifth, and they get all the fish. We furnish all the tit-
tiugs, and they give me oue-hlth of the product of the voyage.

PROFITS OF MACKEREL FISHING.

Q. For the last twelve years, during the life of the treaty of VVasfc-
ingtou, what has been the business of mackeri'l lishing as to profits ~-
A. Vessels that were kept inshore have been quite profitable on .jo
average; but every vessel that I have sent to the Hay of St. Lawr nee
lias been unprofitable and run in debt.

Q. Then you have no desire to send mackerel fishermen up into lue
Bay of St. Lawrence? — A. No, sir ; not if I can help it.

Q. Whether they fish inshore or oflshore? — A. No, sir. . ^.. ;

DUTY UPON ARTIFICIALLY FROZEN FISU.

Q. What is your opinion as to duty u[)oii artificially frozen fish? — A.
[think the middleman makes all the money, and the consumer pays
just the same.

Q, Whether there is duty or not? — A. Whether there is duty or not;
that is luy opinion.

Q. In your ojiinion should there be a duly on artificially frozen
yit-A. There should.

Q. Why? — A. Because an artificially frozen fish you can keep a long
j time and ship it into the interior, and salt it if you arc a mind to, and
then it becomes salt fish. It is clear that that could be done very
[easily. .--.''-

FISH IN ICE. ' ;

Q. Ls there any difficulty about freezing these fish so as to send them
I with perioct safety all over the country wherever railroads reach? — A.
[Not in refrigerator cars; they could put them in ice here, and then
*i'!i(l tlicni in refrigerator cars and keep them all winter.

Q. Most of the vessels engaged in the fresh-fish business take ice? —
|A. Yes, sir.

Q. Ami they preserve them where they catch them ? — A. They do.

Q. I suppose a mackerel lying on deck without ice will spoil in a day,
Itillitnot?— A. Yes; on a hot day.

CANNED PISn.

Q. Do you have anything to do with the fresh-fish business? — A. Yes,
|Mr; 1 can fresh fish ; that is all.
Q. For what mai-ket? — A. For the United States market, all over the

jcoimtry.

Q. What are those — mackerel? — A. ISlackerel ; yes.

Q. ]3o you export any ? — A. No, sir.

% Do you export any fish at all? — A. A very few salt mackerel.

820

AMERICAN FISHERY INTERESTS.

CLOSE TERM.

Q. What is your opinion of a close term? — A. I thinJ^ wo ought to
have a close term.

Q. Why I — A. To protect the fish; to keej) from destroying them
around New York. There is a certain season that they catch four times
what can be consumed, and the extra ones Jire tlirown back into tlie
water dead. I think that prevents the rest of the country from gettin;,'
those fish later on for salt fish.

BAIT.

Q. From your experience in the fishing business do you think that
our fishermen from Maine on the Banks off the Canadian shores, iIki
Grand Banks, and others, have any necessity for going into port to buy
bait? — A. I should think not.

Q. What bait do they use? — A. Our fishermen here use salt cliiins.

Q. They take them from here, do they not? — A. Yes, sir: audthen
we have weirs all along the coast from here down to Eastjjort; tbcv
could get their bait theie. A number of these vessels, two or three
that 1 know of, were seized, and they could have got their bait here just
as well as not, and in that way have avoided seizure. If tliero hud uot
been that report in the papers that they were allowed to go in there and
get bait, they would not have gone in and been seized.

Q. In your opinion, what is the privilege of buying bait in Canadian
ports worth to the Maine fishermen? — A. Not a cent.

Q. Whether or not you concur with Captain Whitten that, as a rule, |
the voyages would be more successful if they did not touch in Oauadian
ports at all for any reason ? — A. I think they V)'ould.

Q. Is there anything that you know of that is desirable for our flsh-
ermen that Canada can give us ? — A. Nothing.

Q. Do you know of anything that, so far as tlsh are concerned, either j
the catchers of fish, the owners of vessels, or the consumers ot lish, can]
I'eceive from Canada as an equivalent for a free market?— A. >'o,
don't know of anything.

EFFECT OF DUTY ON THE CONSUMER.

Q. What is your opinion as to eflect of a duty upon the fish that tbe
consumer actually receives ? — A. I think that the receivers in BostouJ
where they have free fish, make more profit ; it goes into tbe hands o|^
the middlemen, and the consumer gets nothing.

Q. So that if the duty has any effect, either Canada pays the dnty
herself and it is chargeable entirely to her, or it is a matter iu which tboi
wholesaler and fishermai! alone are interested ? — A. That is it.

Q. The retailer it does not affect ? — A. It does not ; his prices ar^
just the sam*^.

Q. It is a small duty now, only averaging about 15 per cent.?— ^^
That is about it. :

Q. If the same duty were put on fresh fish, in your opinion, would ij
affect the market price as between the retailer and consumer?— A. I
don't think it would; I think the middleman and retailer would makj
the profit every time. The price would be the same to the consumer..

Q. Who do you think at the present time payn that duty— the Caiij
dians, or the men who buy the fish here?— a1^ I think the CamuhaiT
pay it.

AMERICAN FISHERY INTERESTS.

821

DECREASE OF AMERICAN FISHERIES.

Q. What is your kuowledgo as to the increase or decrease of the fish-
ing interests of INIaine dnrijig the pendency of the treaty of Washiug-
(011?— A. I could not tell the exact percentafje, but there has been a
Kreat decrease. A great manj vessels were formerly engagred in the
Ssliinj? business, which, so far as that business is concerned, are extinct
altogetlier.

Q. What has been the eflFect upon the fisheries of (3anada? — A. They
liave increased tiieir fleet tenfold f should say.

Q. Nova Scotia increased very largely, did she not, a few years ago?
-A. Yes, sir. I think one winter tliey l)uilt eighty fh'st-class vessels;
so I have been told.

SHIPBUILDING.

Q. What is the reason you cannot compete with Canada in the fish-
ing business ? — A. Because our vessels and their fittings cost more
Tlierc is a duty on everything that goes into the construction of a vessel
men to lumber; there is a duty on that, isn't there ? . . .•

Senator Frye. I guess we don't pay much duty on lumber.

The Witness. On everything else there is a duty.

Q. Does not the difference in wages really make more difference than
liiivtliiiiy: else? — A. That mfikes a great difference.

Q. In building your vessels do you not pay your shij) carpenters
S^reatly more than the Canadians pay their shi)) carpenters? — A.. Yes,
sir.

Q. xind in all your wages do you not pay more than Canadians ? — A.

Yos, sir.

WAGES.

Q. In curing the fish on our shore, do you not pay about $2 a day? —
A. Yos, sir; about that.

Q. Are you aware that the Canadians cure their fish with the help of
women and children, who work for very small wages"? — A. I have
heard that; yes, sir.

Q. And that they take their paj' out of a store ? — A. Yes, sir.

Q. And that they wait for their ])ay an indefinite length of time,
[wliile your fishermen get theirs as soon as the cargo is weighed out? —
1 A. That i.s a tact.

Q. So that all those differences exist, and they are all in favor of
I Canada, are I oy not ?— A. Yes, sir.

, . BAY OF CnALETTR.

By Senator Edmunds :

Q. You say you had some vessels fishing for mackerel this year in
Bayof Chaleur?~A. Yes, sir.

'I Have they had any difficulty? — A. No, sir.

Q. The British have not attempted to keep tliem out of the Bay er-
|tireiy!_A. Ko, sir; not to my knowledge.

Q. Have they made more than one trip ? — A. (3ne of them has made
|wo trips.

Q. Have all been back once? — A. Yes, sir. They are ai! a'o home
lw,l)ut some came home that didn't have any flsJi at all; one vessel
m\t liavo a bari'el, and she went down there some three or four weeks

iS ■ .,'

822

AMERICAN FISHERY INTERESTS.

Q. Do you know bow far up the Bay westward tbey went?— A. I do
not. They did not go within the three-mile limits, at all events.

Q. Is any one of your eaptains in town now who fished in tlio Bay of
Chaleur? — A. No, sir,

Q. What time of the year were they there? — A. They were tlicre
about the 25th of July until tb^ middle of September.

Q. Did they get good fares? — A. No, sir; two came homo with full
fares, and the others made broken voyages. The whole thing was un-
profitable, and I gue-ss that is the case with the majority of tbefleot.
Of conrse some few vessels have done very well, indeed, but taking tlie
fieet all through there has been a loss.

Q. All those who fished up there anywhere, as well in the Gull' as in
the Bay of Ohaleur, you mean ? — A. Yes, sir. Taking the average tlicrc
has been a large loss to the vessel owners.

, * COMMISSION MERCHANTS AND WHOLESALE DEALERS.

' By Senator Saulsbury:

Q. Has that loss resulted from the scarcity of fish in those waters ?—
A. Yes; I presume so.

Q. Are the fish that are sent here from Canada usually consigned to
commission merchants for sale ? — A. Yes, sir, they are.

Q. Those commission merchants sell them upon commission to the job
bers? — A. They sell on n commission, but I have heard that some nf
them get together, and the commission merchant sells to the wLolesalo
dealer, and they divide the profits ; that is what I have heard they do.
Of course that all comes out of the Canadians, I suppose.

Q. Do you know that that is the case ? — A. No, I don't know, only
that is what I have heard.

Q. You say the tariff is paid by the Canadians. If there was uo tariff
npou those Canadian fish, would not the commission merchant sell tn
jobber at a cheaper rate than lie does now with the tariff ?— A. No,
sir; because he would want a bigger profit.

Q. The question is whether ho could not do it and get his rejiular
commissions ? — A. It is not handled by commission merchants. These
commission merchants sell to the wholesale fish dealers. They take
the thing in hand and sell to the retailer ; and by the time it gets to
the consumer the price is just the same: it don't make any difl'erenco
whether they pay $4 or $5 ; and you will find it so right straiglit
through the country.

Q. I want to find out whether the commission merchant who sells tOj
the wholesale dealer, if there were no tariff, would not be able to selltoj
the jobber, ret<ain!ng his regular commissions, if hedidafairandlegifr
imate business ? — A. Yes, if they would do that; but we find by expr
rience that when those fish get into the retailers' hands and they ai
retailed there Is no difference.

Q. I want to know whether or not, by doing a legitimate bnsir.es
the commission merchant could not sell to the jobber at a lower rat
than he does sell, and the jobber sell to the grocer at a lower ratetlia
ho does, if he did not have the duty to i^ay ?

The Witness. Do you mean Canadian iish?

Senator Saulsbury. Yes.

A. I presume the cost of their vessels is less than ours, and they w
produce fish cheaper than we can because they don't pay any tarid" oi
anything that goes Tnto the construction of their vessels.

AMERICAN FISHERY INTERESTS.

DTTTY.

823

■''i'li

Q. Has the tariff existing upon Caiiadiaii flsb afforded any protection
whatever to American fishermen ? Would not their fish come just the
same if there was no tariff? — A. No. Take last year and the year be-
fore; we had a large fleet of vessels fishing, and we could then sell
No. 3 mackerel at $3.50 a barrel, and wo caught them so plentifully
that we could make money by delivering them to the country at that
price. But the Canadia?js could not send that kind of fish here because
they could not afford to pay the $2 duty; still our fishermen caught all
that was necessary, and there were thousands of barrels left over, so
that we can supply the markets of this country with fish for a long
time; we have fleet enough to do it without asking anything of Nova
Scotia in the way of supplies and opening our markets free for them.
Take it for the last three years. Of course this year there has been
n failure on this shore, and I think that is on account of their fishing
at Jfew York and destroying so many fish. Take it for the last 10 years.
Before this year we have had plenty of fish, and fish have been away
down at their lowest point.

COOPERATIVr. ORGANIZATIONS.

Q. With reference to the southern fishery business, I understand you
to say that you are in favor of a close season? — A. I am.

Q. Have the fishermen of New England any association among them-
selves by which they can regulate their trade ?

The Witness. Any association?

Senator Saulsbury. Yes.

A. Yes, sir; they have in New York what they call the Fishmongers'
Association. .

Q. Have they not an association at Gloucester, of which Mr. Steele
is president, embracing the entire fishing interests of this section?

Senator Frye. Senator Saulsbury refers to the American Fisher-
men's Union.

A. Oh,

yes.

\ M

SOUTHERN mackerel FISHING.

Q. (By Senator Saulsbury.) I want to inquire if the fishermen,
through their association, could not, by themselves, without any inter-
vention of law, regulate that business.

A. No, and I will tell you why: Because if one goes all want to go.
There are about a dozen or half dozen that can go south and make
1 money fishing; but if they do there will be a hundred or one hundred
' and fifty all go after thcm^

Q. Tlioy are not all members of that association, I suppose? — A.
I Those are the fishermen themselves find the captains that want to go.
j There are many vessels owned by captains who have no agent, like
I myself; v.hen they go it is i)retty hard work to keep ours back.

Q. Then yon want a law to make you behave yourselves? — A. That
jit what I think. Going out there is a lotterv; it has always been un-
I profitable.

MACKEREL AND CODFISH.

'I

Q. Has the whole supply of salt codfish this year been in excess of
I tlie (leiniind ? I mean including not only the catch by your own fisher-
'1, but also those that have come to us from Canada!

824

AMEKICAN FISHERY INTERESTS.

The Witness. This year? >

Senator Saulshury. Yes.

The Witness. Do you mean both codfish and mackerel ?

Senator Saulsbury. Yes,

A. The supply has been in excess of the demand.

Q. By what f— A. There has been enough mackerel to supply tLe
market, because there were a great many old mackerel left over last
year and the year before.

Q. Has not the price of mackerel been unusually high thisseasouf—
A. Yes, sir; it has been high compared to other things, but it lias
been a great deal higher in years before. The high price is, ofconise,
owing to the scarcity on this shore. J>y some means or other tlioy have
left this shore this year. Last year I jjacked 2.'3,0(M) barrels of wack-
erel; this year I packed about 3,000. That is the ditlerence.

-, - ■ .' ■ - I 'V ,. .•"". ,-■''■:■ ' ". ■ ■ '^ ■" ■■•! . ■

' ^ HABITS OP MACKEREL.

Q. You are of opinion that the mackerel which are off natteras and
down that section of the coast are the same mackerel that come up
along here? — A. They are, without doubt.

Senator Saulsbury. I believe that Professor Baird entertains the
theory that the lish come in from the sea to different points along tlie
shore.

The Witness. I think they will come up here if allowed. But if you
take one hundred and fifty vessels down there with purse seines, the
fish don't have much chance to get here ; they go away down off simre
and go into the Bay of St Lawrence. 1 think they ought to be kt
alone until the 1st of June, and that is just about the same in eflect as
the 1st of July, because the 1st of June is the spawning season ami j
those fish then protect themselves; you don't see them. .In the niontli
of June no mackerel are caught to amount to anything except smu
ones, and those that contain si)awn. You may take quite ii catch of j
No. 3 mackerel in June, but it is very seldom you get any in June,
That is my experience, and I guess that -s the experience of every niiej
in the mackerel business. The mackerel begin tx) spawn about the 1st j
of June, and we don't get any of any consequence until the Istof July,l
Along about the 10th of July we begin to catch them again in quantities.?

TESTIMONY OF CAPT. STEPHEN KEENE.

' * ;'i \ Portland, Me., Ocfoicr G, 188C,

Capt. STEPHEN KEENE sworn and examined.

;^^ By Senator Fr ye:

Question. Where do you live? — Answer. At Bremen, ]Me.

Q. How long have you lived in Bremen ? — A. Ever since I was boriij

Q. How old are you ? — A, Thirty-two.

Q. What is your business?— A. I go master of a fishing vessel mo8|
of the time.

Q. What kind of a fishing vessel ?— A. Codfish vessel. I Imve beej
fishitg the last three years about sixty times.

Q. Good vessel? — A. Yes, sir.

Q. How many men do you carry ? — A. Fourteen to seventeen.

AMERICAN FISHERY INTERESTS.

825

Q. IIow did you lisli — ou a lay ? — A. Yes, sir.

Q. How lonj; have you been in the fish business i — A. I have been in
it off and ou for 22 years.

Q. Where have you been in tlie habit of'lishing? — A. Cod-fishinfjon
the Western Banks and the Banks of Nova Scotia.

BAIT.

Q. Wlien j'ou have fished in the waters otf the Canadian coast what
baitbave you used ? — A. Principally clams ^"ixcept what bait M'e caugh t
ou the ground where we caught our fish.

Q, You were fishing all through the i)endenoy of the treaty of 1871 ;
(luring that time did you buy bait of the Canadians? — A. 1 never
bought a bill of bait from the Canadians in my life.

Q. Is there any necessity for buying bait of them ? — A. I can't say
tliat tliero is.

Q, Do you agree with Captain Whitten that, take it on the whole, it
is a detriment to waste time to go in to buy bait anu out again, and all
that sort of thing ? — A. Yes, sir ; a great waste.

Q. Then, in your judgment, the privilege of ])urehasing bait from
tlie Canadians is worthless? — A. Yes, sir; we consider it an injury.

Q. Were you up there this season with your vessel? — A. Yes, sir.

Q. What time did you go? — A. I left home about the U/)th of April.

Q. How long were you up there? — A. I returned, I think, the J8th
(lay of June.

- CASE OP THE CITY POINT.

Q, Did you have any trouble? — A. Not that voyage ; I di<l the next
I voyage.
Q. When did you go the next voyage ? — A. I left on the 2St h of .1 une.
Q. What is the name of your vessel? — A. The City l*oiiit.
Q. Give the committee the history of your hi'^t trip. — A. We left Bre-
I men, where I belong, about sixty miles east of h^^re, on the 28tii or 21»th
of June, I believe it was the 28th, and arrived at Slielburne, Nova
IScotia. On the night following the day we sailed we look a very heavy
Ibreeze, and the vessel sprang a leak and had some of her rigging cai'-
Iriwlaway. On the 30th of June, about 4 o'clock, we came into Sliel-
Itarne.

Q. What did you go in there for? — A. We went in tliere to have the

JTessel repaired, to put some calking down and renew sonn^ I'igging

" 'hart been carried away, and to refill some of our water, and other

|ffli;ill tilings. When I left home I had received the imjjression from

papers that I had the privilege to go in and out, as we had clone

|*fore, and of course I went in there, and was probably more careless

1 some things than I otherwise would have been.

Q. What took place? — A. We came to anchor about 4 o'clock about

R miles from the town. We had to refill our water that we ha<l nse<l

pnthe time we left Portland up to that time. It is a great iii(;onve-

Nce to fdl water, except when the tide is up, and there wi's no chance

^getting water at town without taking it out of some will, and hiring

"Tiebody to haul it, and making it sort of inconvenient and exi)ensive,

>^osto])ped to refill water before proceeding to town. While they

fw finishing refilling the water (there was only one large cask that had

^w filled) I took two men, with my papers in my pocket, and started

Hoto town, thinking it was all right as long as I entered within the

peiity.four hours. I had always been given to understand that it was

Ts

826

AMERICAN FISHERY INTERESTS.

all right if I entered in twenty-four hours. In the mean tiun someofi
our men had gone ashore ; and so, as I i)roceeded up the harbor, I met
Captain Quigley, of the cutter Terror, who ordered me to go back to
my vessel, and so I went back. [ wasn't driven back exactly, but I
wanted to go anyway to see what he wanted, as much as anytiiinff. I
went back to the vessel, and he came on board and asked mo where j
I was from, where I was bound, &c., and took a report. Then ho asked
mo what 1 had been doing, and I told him that I had been refillinj;!
water. He asked me where I was bound, and I told him uj) to towu to |
report and see about getting some work-hands to repair damages,
Then he asked if I knew that I had broken the law and was liable to lij
fine of $400 ; I told him I was not. Then he ordered me to get the vessel 1
under way and start for town. I told him some of my men were ashore;
he told me it didn't make any difference, to go to work with what I hiid,
So I got the vessel nnder way; we didn't hurry much about it, sobisj
crew lent us a hand, and wo proceeded up the harbor and came to an-
chor about 8 o'clock in the evening under the bows of the cutter Terj
ror. I then went ashore and entered the vessel, somewhere about 91
o'clock p. m., in the custom-house. I had been there before, and uasj
acquainted with the collector, and knew that he would generally acl
commodate me if I came there late and wanted to enter. He said, goiugj
up the harbor, that it was lucky for me that I had some calking to havej
done.

By Senator Edmunds:

Q. That is, the captain of the Terror? — A. Yes, sir; the captain o^
the Terror said that it was lucky for mo that I had some calkin;,' ti
have done, or he would make trouble for me. He said I should getmj
calking done as soon as possible, and get ready to proceed to sea.
I engaged workmen that night, and next morning they came aboard!
and about noon, I think it was, I went ashore to clear. The customi
house officer said he couldn't clear until he had seen the (japtaiii oft
Terror. The captain of the Terror had gone down the shore, and hd
returned some time during the afternoon. Tlien I found that be iiiu
preferred charges against me for allowing my men to go ashore wit!
clothes-bags, so stated, though there wasn't any one on the vessel
the time who had occasion to go ashore with clothes-bags ; I had tw|
men, though, that belonged there. Then he said that he couldn't let in
go until ho had advices from Ottawa. It seemed to mo that he wante
to keep me there as long as he could ; he didn't prefer charges agaiin
me or wire to Ottawa until I was ready for sea. He gave mc to unde
stand then that ho thought he would get orders to let me go, but hi
orders were to seize the vessel. So after we were there a day orsotbf
fined the vessel $400. He said that on payment of the same ho woii8
release the vessel. That was the dispatch that came to the collector f
Shelbnrne. I saw the dispatch and took a copy of it: "We finetlj
vessel $400, and on payment of the same she may be released."

Q. That came from the minister of marine? — A. Yes, sir; Mr.Fd
ter. He would not allow any of the men ashore while the vessel lay
the stream, and ho told me not to allow any of the men to go ashore, j
told him that I would try to keep them from going ashore, but lisbj
men as a rule are rather an independent class and they might not f
according to orders when I had gone. Ho said if they went asnff
they would go at the nuizzle of the revolver. One of his men sliorfl
after was a little bit annoyed, and he called me alongside the cntterj
I went to go ashore and told mo if my men meddled with his m

afair, and the

nore, and then

AMERICAN FISHERY INTERESTS.

827

aboard his craft tlicy would get a saber-cut over the heatl, aud it niigbt
not bo very pleasant for tliem. Then, after wo had got through the
nffair, and the owners of the vessel bad paid the line tiirough the
United States consul at Halifax, 1 believe, or deposited the amount of
itnnder protest, and wired Shelburno to release the vessel, he said he
ffonkl not let me go until 1 bad paid the expenses of detention, consta-
ble fees, wharfage, &\;. I then telegraphed the owners that ho would
not allow the vessel to go until the expenses had been paid, and they
wired back to pay the expenses, and I i)aid the bill. I went to the
instoni bouse to clear the vessel, l)ecause I didn't know what the bills
were. Tlie custom-house oflicer said he would take a check from a mer-
(liant there, as I hm\ no money. Then I went out to see what the bills
ffpro, and then I cleared (he vessel. As soon as the captain of the
rnttor found I had cleared, he said, " Kow you are just as liable as you
ever were." He wouldn't give me time to do my business as I wanted
to do it, and hurried me olf. I had two m-in that belonged about four
miles down the haroor, and this was on Monday morning that I cleared
to sail, and Saturday one of those meti went to the collector and asked
liiin if they could go home, and if he would let me call for them as I pro-
ceeded to sea on jyiond.'iy. He said ho would ; he guessed there would
be no trouble. So, to be sure about it, the men came back to me aud
told me, and I went up to the collector myself and asked him if I could
fall for them. He said yes. I said, " Then give me a permit, will you f '
No, I didn't ask him for a ])ennit that morning ; I am mistaken. It was
Monday morning. But when I got cleared I got the permit to take those
inenon, and I went down to the wharf where the vessel lay. In the mean
time, tlio captain cf the cutter had ordered his mate and a boat's crew
to escort us down to the light to see that we "did not get into any
tronble"; I believe that was the expression he used. Ho said we couldn't
take those men on. So then I ])roduced this permit. The collector stood
I there at the time. Tiie cai)tain of the cutter said that we ought to have
I s!ot the men aboard Saturday. The collector spoke up aud said, " Yes,
Hiougbt to have got the men aboard Saturday"; ho apparently was
I very much frightened by the captain of the Terror, at least he told mo
lie was, in so many words; he said, " You understand there is a man
jstanding right over me if 1 don't go straight"; he commenced to throw
tlie blame on to me. I talked to them some, and at last they concluded
1 to let mc take the men on as I proceeded to sea. At first he said I would
Ikavc to {>o without them. Then he says, " What time were you in here
|lliis^priiig?" Said he, " Was it in IMay ?" I said, "I wasn't inhere this
j,'." lie said, " Yes, you wore in here this spring, and never entered
lynnr vessel." I said, " 1 was not." He said, " You told me the other
lilayynu wore here this sjjring." Said I, "I beg your pardon, I never
yoii any such thing." He allowed I did, an(l never entered the ves-
M. Wo bad some little talk, but it <lidn't amount to much. He said,
'Yoi; were in Liverpool this spring." Said I, " Yes." He said, " Y'ou
ji'mr entered your vessel." Said I, "I did." He said, " I want to see
jtlioeiitranee and clearance." I said, " They didn't give me anything";
jlliat I had been there several times, and I never got any entrance or
Ifaraiice. He said, "I want to see them." Said I, " If I'havo got the
IWHrsyoucan see them." Then he thought he woidd stop me again,
Nif it badn't been for Mr. Attwood, tJJO collector, he would have de-
jiiiied me there some length of time, I don't know how long. He said
«! eould ascertain easily by wiring to Liverpool. So they concluded
m nie '^o. But his wliole actions during the time I was there seemed
^indicate to nie that he wanted to waste all my time he could ; from
'time I went up town to repair he never preferred any chfirge against

■13''

tlf

m
1 1

■Qim

828

AMERICAN FISHERY INTERESTS.

me nntil I got through ropairs ; when I got throngli with fliem Ik-
brought the charges against uio one at a time to make them last aslonir
as ho couhl. I told him once, when we werotallcing, that I liacl alwiivs
supposed I had 24 hours to enter the vessel, wliich ]ia<l never bcoii th'.
nied mo before, and that I only filled water down tliere because I coiildni
get it at town very conveniently. He said, " Ca])tain, you will ffcf intn
trouble every time you come in here." Said I, " For any puriiosc ?" n,.
said, "Yes, you will got into trouble every time you come in ii,.rc,
Then I wanted to buy some rigging to replace some that had been ciii
ried away by the breeze, coming across, but he wouldn't let me {jet it,
He said I ought to ha»'e bought it before I left home. I told liim f didn'r
need it then, and didn't know that it would be needed. Hut lie rctiiscd i
to let me have any repairs any further than the calking, at least any. j
thing that I asked for.

Q. He would not allow you to purchase any rigging? — A. No, sir;
although the collector told me 1 could. Ho said I should not. So||
sooner than get into any further trouble, I went without it. As I niu,
I was hurried off because I expected every minute he would brinijiiii
something else against me, and I knew my crew didn't feel very well
about it, and they were liable to make trouble, being so indignant, and!
that the sooner I got out of it the better. So I went t(> sea, and niiidij
a voyage.

Coming homo we met with some little trouble, met a gale of wiiidj
that tore our sails to pieces, and we went in to Halifiix. Come da,vli},'lit|
next morning the first vessel I saw was the Terror, but he never caiiie
near mo there. I went to see the consul-general as soon as 1 wcntl

bore, before it was time to enter at the customhouse, and I made
btatement of the facts before him. I got my repairs, ami alter entoriiifl
the customhouse and cleaiing I went to sea, but Captain Quif,'h'y diilj
not come near me at that time.

Q. How biuch did you have to pay at Shelburne for constable's iWa
and expenses and all those exactions, besides the fine of $100.'— A|
$42.38, I believe, if I remember right.

Q. You staid up in the town in the custody of the captain of mo
Terror from what time to what time? — A. From tlie3()th of June iiptoj
I think it was, the 10th of July.

Senator Frye. About ten days.

TJje Witness. I may bo mistaken. Wo were taken in bis eiistiMly
shortly after we arrived, and we were there twelve days; so it must Inive
been the 11th of July, I think.

Q. (By Senator Edmunds.) How long would it have taken yon ta
make your repairs so that you could have sailed, except for that iiiurl
ference? — A. About half a day. They commenced in the morniii?, iiiiil
near noon I went ashore to clear.

Q. You would have got off within twent-four hours if you bad been 1
alone? — A. Yes, sir; I should have got off that afternoon. When 14
stopped the vessel of course I did less repairing than Iotlier\visc\\oiilj
have done, and knocked the workmen off'; I let thein do wlint I conll
get along with without the vessel sinking, and went to (dear from tl^
custom house, but he wouldn't clear me.

PER DIEM CeST OP VESSEL AND CREW.

By Senator Frye :
Q. Do you know what is the average cost per day of your vessel :
crew?

AMERICAN FIUllEUY INTERESTS.

829

The Witness. Do you mean i)rovi.sions luul all?

Senator Fkye. ICverytbintJ.

A. No, sirj I don't; I novor miido any estimate. The owner of the
I vessel is hero, and probably ho can give it to you better than lean.
Ikit IS rather out of my line of business.

CANADIAN POUT PEIVILEOES.

4

Q, l8 that tlie only trouble you ever had with the Canadians? — A.
[Yw, sir; that is the principal trouble; about all.

Q. Did you ever have any diniculty before up there about entering;

lorclinnii}?* or anything of tlie kind ? — A. I was in Shelburne onco, and

Jidn't enter the vcsnel right off, and Mr. Attwood asked me if I wasn't

coming i\]> to enter the vessel; he r.iid 1 ought not to lay too long; and

1 that is about all that was ever said.

Q, What is the understanding among you fishermen; that you have
[twenty four hours in which to enter the vessel ? — A. I understand n«)W
Itbiitwchiivo not.

Q. Wliat has been the understanding? — A. That we had twenty-four
I hours.

Q Have they practiced upon that understanding? — A. The most of
I them practiced not entering at all; a great many never bothered; I
I jeiierally entered. I said most of them i)ra< 4 not entering at all;
Ipfiliaps I am wrong. Some of them didn't j\v that they had any
Iriglit to enter. But this year I think they were anticipating some
Itroiible, and so far as I know I think they all entered. I was in Liverpool
[ttiis spring, and my vessel lay at Brooklyn, the adjoining town, and wo

Ao go to Liverpool to enter. We got in at j)ight and lay until the
liiext afternoon. I asked the collector how long 1 could lay, and ho

1 me I could lay as long as I had a mind to. They didn't give me
|aDy iiarbor regulations, didn't tell me what I should do or not do. Ho

dirt tell me I should come in immediately and enter the vessel as soon
pi arrived there. He sefemed to be a very nice man, quite like a gen-
|tleniau; that was Mr. Dunlap, of Liverpool.

Senator Saulsbuby. The Liverpool the witness has been speaking

)f is not Liverpool in England ?

Senator Frye. No ; Liverpool, Nova Scotia.

i 'yi

■■ m

TESTIMONY OF T. C. LEWIS,

Portland, Me., Ocfo&er C, 1880.
T. C. LEWIS sworn and examined.

By Senator Frye:

Question. Where do you live ? — Answer. Portland.

Q. How long have you lived here ? — A. Twenty-five years.

Q. What is your business ? — A. Fish business. _..:..,.

Q. Owner of a vessel ? — A. Yes, sir.

Q. How long have you been in the fish business ? — A. About twenty
Bears.

Q. In Portland ?— A. Yes, sir.

Q. flow many vessels are you interested in? — A. I think I am iu-

I'sted in fourtepu or fifteen ; I am not certain.

ijoO

AMKltlCAN I'lHllEUY 1NTEUEST8.

Q. What i8 tiieir uvoriigo touuiiKC ? — A. I'erhaps sixty-tivc tous.
Q. Good class of vessels f — A. Wo tin uk so.
Q. AVIiat kind ol" fJHhinp: arc you engaged in t — A. Cod and nuickcrd
lishing.

MAIIKKUEI., WUKBE TAKEN.

Q. During the last twenty years, where have you caught tli« bulk of
your uiackerol ? — A. On this shore.

Q. On the Anierican shore? — A. Yes, sir.

Q. Outside the shore linoU — A. Principally.

(.}.. Ah a rule, lor the last ten years, the mackerel have been takcu
outside, have they not? — A. Yes, sir.

Q. Fishing with s'jines, you do not regard it us safe, do you, to lisli
in slioal wnter or where there is a ragged bottom ! — A. No, sir.

COD, AVIIEUE TAKEN.

Q. And where have you pursued your cod-fish eries ? — A. At the.
Western Banks and Quereau.

Q. Off the English coast?— A. Yes, sir.

Q. IJavo you iishcd every year off the Canailian coast lor cod daring |
the last twenty years? — A. Yes, sir.

BAIT.

Q. Where did you get your bait? — A. llere.

t^. What kind?— A. Clam bait.

Q. Do you ever buy any bait of them? — A. 1 think we hiiveiiih\ui
or three instances peihai)s.

Q. Did you buy any bait of them while the treaty of Wasliiugtonj
was in force? — A. L tliink in two or three instances wo did, on sluirt]
trips.

Q. Is there any need of the Maine lishermen purchasing bait of tLe
Canadians? — A. Not in our line of llshery.

THREE-MILE LIMIT.

Q. What is the privilege contained in the treaty, of lishiiigwillii
three miles of the shore line, worth to American isheruient— A. Ifj
you speak of State of Maine lishermen, it is worth very little.

CANADIAN PORT PRIVILEGES.

Q. Have you any occasions to go into their ports for anything?— A,]
No, sir.

Q. If you havo the right to go in for shelter in a storm, or for repair^
in case of having suffered damage, and to obtain water or pnrchasi
wood, is there any other one you desire? — A. No, sir.

FREE FISH.

Q. Is there anything you know of, in the interest of American fislij
ermen, that the Canadians can give you that would be regarded by yoif
as an equivalent for a free market for them ?— A. No, sir.

EPPE

AMERICAN F1811EUV liNTEUUHTti.

BAIT.

831

Q. What kind of buit do you usct — A. Chun biiit.

Q. And do uot the Nova Scotians use thn Humef — A. Yes, sir.

Q. Uow many Nova Suotiaus Lavo boon into this i)oi't buying bait
this st'ivson f — A. Tlio Htato of Mainci has furnished between 12,(M)0aiul
15,000 barrels of clam bait to Nova Scotia this year, and every year for
the last number of years since they have increased their fleet.

Q, now many vessels would that supply ? — A. On an averafje it takes
about 50 barrels to a vessel for the llrst trij), and about 30 to 40 on the
Mcond.

Q, lias there over been any difliculty about the Canadian dshermen
Juriiiff the last year coming bere and buying all the bait they i>leased1
-A. No, sir.

Q. Have they ever been interfered with ? — A. No, sir.

Q. lias anybody ever refused to sell them bait? — A. No, sir.

Q, Have they ever boeu troubled about entrances an<l clearances,

I and tliiiifis of that kind? — A. No, sir; it would be impossible for them,

titlioiit bait from the State of Mair.G, to continue their codtishery

Iksiuess and the hand-line business, jis we look at it; they have no

grounds on their coast to produce bait ; ihey depend-upon the State of

Maine for their bait, and Lave done so for the last 15 or 20 years — that is,

jilieState of Maine princii)ally; they got some few from Mavssacluisetts,

wttbeir ]>rincipal supply is from the State of Maine.

Q. What kind of lisU recpiiro fresb bait? — A. The halibut tishery and

Itniwl fishery ; that is, they formerly thought they could do better with

freslibait, but wo have sent out trawlers this year, and they used salt

I bait eutircly, and we found that we could have better success with salt

)aittlian to waste time running for fresh bait.

Q. So that, on the whole, it is better for the tishernien of this country
I to provide themselves with salt bait before going, even though they are
Itrawliiig? — A. Yes, sir j that is our experience here.

Q. AVhat do they use for halibut, as a rule ? — A. They use very little
llresli bait usually, for they can't get it until they catch a few fish, and
|tlifii tliey use the trash, as they call it.

Q. So that there is no need, even in fishing for halibut, to get fresh
m squid, or anything? — A. Not being acquainted with the halibut

" eiy, I am uot able to state whether it is a necessity or uot.

i'

m

5^!i

FRESH AND SALT FISH.

Q. What have you done with your mackerel that you have taken ?
jHiive you sold them fresh, or salt ? — A. Salt.
Q. Do jou export any ? — A. No, sir.

Q. Whore is your market? — A. The tfiarket is all over this country.
Q. Have you dealt any in. fresh fish? — A. No, sir.
Q. Do you know what etfect the greatly increased consumption of
'resliflshhas had upon the salt-fish business? — A. I think it has dc-
^fased somewhat the consumption of salt fish.

EFFECT OF DUTY ON THE CONSUMER.

I Q. There is a duty on salt fish, and practically none on fresh. In
par opinion, who pays that duty? — A. I think it comes out of the
m Scotia fishermen.

832

AMERICAN FISHERY INTERESTS,

Q. According to your experieuce in tbo fish busiuess, does the duty
ou fish increase the price to the consumer? — A. No, sir.

Q. If it attect.'i anybody, it is somebody outside of Canada; it is the
wholesaler and not the consumer? — A. Yes, sir.

Q. Do you know what proportion the price paid the fishennan bears
to the price paid by the consutnor ? If I bought a n)ackerel, for iu.stance
to-day of tl»e retailer, what ])roport'on of the price of that mackerel
does the fisherman get who caught it ? — A.. Well, on an average, I tbink
he gets less than one-half.

Q. Does he get over two-fifths? — A. I don't think he would get over
two-fifths ou an average.

LAY.

Q. Do yonr fishermen work on the lay? — A. Yes, sir.

Q. All of them ?— A. Yes, sir.

Q. Is that the custom among the Maine fishermen? — A. Yes, sir. I
think manj' of the vesselg in the eastern i»ortion of the State, at Bucks-
I)ort and Lemoine, hire tlu'ir men for the voyage.

NATIONALITY OF FISHERMEN.

Q. How many men do you employ in all ? — A. I'erhap.i 400 or 6W. j

Q. What proportion of your sailors are American citizens; i do not
say American born, but American citizens? — A. In our seiniug tberej
is a large proportion of naturalized citizens.

Q. Four-fifths, or what ? — A. I should say tlirec-fourths.

Q. In yonr cod-fisherie« how would it be? — A. A smaller proportion;,
perpai)s not more thau half. But those men are coming this way to]
settle here; that is the tendency and result of their coming; they re-;
main here,

Q. What would you look for as the result of an active, young, iiitel-|
ligent Canadian coming in here and engaging in the business! Wbatj
is the general result? Does he become an American citizen?— A. Uel
becomes an American citizen, yes.

Q. I suppose his ambition cannot be gratified to coniiuaudii vessil
unless he does become an American citizen ? — A. No, sir.

Q. What kind of sailors are these ?— A. Good sailors,

CANADIAN COMPETITION,

Q. What is the reason you cannot compote with Canada in lisbiugf-
A. Well, they have cheaper vessels, cheaper outfits, and they arc verj
much nearer the fishing grounds than we are, which makes quite a dif|
ference ; and they live ^ ery differently on board their vessels.

Q. More cheaply ? — A. More cheaply, and very much more different

COMPENSATION OF FISHERMEN.

Q. Are not all their wages less thau the wages paid in this country ?-
A. They know very little about wages. As I understand, they Hvo
sort or serfdom ; they go in their vessels, and they and their familie
are barely kept alive during the voyage,

Q. They receive store pay ? — A. Yes, sir ; they receive very littll
money ; perhaps know very little about money any way. We pay oi^
men in money as soon as the fish are sold and th*.. voyage is settled.

AMERICAN FISHERY INTERESTS,

833

Q, What Lave your men averaged, for the fishery seasons for the last
ten years, for their pay ? — A. I should think perhaps about $250.

Q. How long is the season f — A. It commences on the first of April
and closes in October.

Q, What do the fishermen generally do in the interim 1 — A. Quite a
portion of them follow the sea; some go winter fishing; some go into
the woods to chop, and some remain at home.

PRICES OF FISH.

Q. Have you ever aoticed that the fishery treaty of 1871 had any
effect upon the prices of fish ! — A. No, sir ; I don't think it had any
effect upon the prices of fish.

Q, As a matter of fact are not fish lower this year than last? — A.
Tbey are low ; lower, 1 think, than they have been any time since I
lave been in the business.

By Senator Saulsblky:
Q. Does that apply to mackerel fishing? — A. No, sir; cod-fishing.

By Senatoi Frye :

Q. Mackerel have been higher this year on account of the scarcity? —
I A, Yes, sir.

Q. Then it is not the duly which troubles you at all in this matter of

Ush; it is that the freedom from duty encourages the Canadians to in-

I crease their rieet and increase the number of fish they catch, and thus

ifdace the price of your mackerel? — A. Yes, sir. 1 don't know just

I the per cent., but I think their fleet has more than doubled in the last

en years.

Q. That was a mistake made by the gentleman who preceded you ? —
1 A, It has more than doubled.

Q. That was very largely the case during the life of the treaty of
[Washington? — A. Yes, sir.

Q. Did not Nova Scotia make a very heavy increase in two years
[there t— A. Very heavy.

FRESH FISH.

Q. In your opinion what would be the result of a treaty which should
Iprovide that for fifteen or twenty years our markets should be entirely
peto the Canadians for fish? — A. The present generation of Maine
jisliermen would all go out ; they would be obliged to.

Q. Give up the business ? — A. Yes, sir.

Q. Have any of your vessels had any trouble there this season? — A.
|!io, sir.

Q. Have any of them been into the Canadian ports? — A. Yes, sir.
Q. Then I understand you there is nothing, so far as you are engaged
|iitlio fishing business, that you want of Canada? — A. No, sir.

CLOSE SEASON.

Q. What do you say about the close season ?— A. I be'Ieve that we
ikonld have it.

iQ. Why? — A. It has been very well stated here that the spawn fish
f"! prevented from coming on to our coast to spawn, as they naturally

ponld if they were let alone.

9. Ex. 113 53

834

AMERICAN FISHERY INTERESTS.

Q. The fish tUat come when thoy are carrying spawn are small and
poor, are they »>ot ? — A. No, sir ; they are huge and poor.

Q. In your opinion, is there any difficulty about supplying cheaij
fresh fish in the months of April and May, even if there is a close time
on mackerel ! — A. No, sir.

EXTENT OP MACKEREL FISHERY.

By Senator Saulsbury :
Q. What is the number of sail engaged in the fishing business at this
port ? — A. I think we have about 150 sail on the books of the PortlaD(l
Mutual Insurance Company; that may not be far from tbe number of
vessels from this port.

INSURANCE.

By Senator Frye :

Q. What is the average cost of insurance in mutual companies !— A.
The last ten years I think it has been about, perhaps less than, 2 per j
cent, for the season.

Q. How is it that the average in Gloucester is 9 per cent.!— A.
They do much more winter fishing, Georges fishing, which is much more |
h azarUous than ours.

A Bystander. Their season is shorter, too.

The WiTNEfis. We are in trouble now ; we have two vessels ashoi i i
at Malpeque ; I am just arranging to-day to send a diver there; I Lave j
telegraphed to Halifax to ascertain if they would allow it; we haveuot
received any answer ; we understand they will not allow us to removej
the ballast. They are very nice vessels, and we insured them for about]
$11,000.

Q What it che ballast? — A. It is rock.

Q. You understand that they do not allow you to remove that bal- j
last of rock ? — A. We understand so. I am president of the iusuraucej
company, and I engaged a diver to go to-night, on the chance of being j
permitted to remove the ballast. We have an agent at Malpeque wbj
has judeavored to engage diverS; but they have none, or would iiotj
fiiiiiish any ; they said their divers we; e busily engaged and could not
accommodate him. Therefore we are at their mercy, and if we are uo{|
allowed to send divers from here we must lose the vessels.

Q. Where is Malpeque? — A. On the north side of Prince Edward]
Island.

LOCAL T.lXATiON OF VESSELS.

By Senator Saflsbury :

Q. Ate your vessels here properly subject to taxation for local purj
poses! r some of the States they do not subject them to local taxes.-
A. Yes, sir ; they are subject to taxation.

Q. What is the rate of taxation ? — A. About 2J per cent.

By Senator Frye :

Q. IIow do they assess those vessels — at full value! — A. No, sir.

Q. About how much ! — A. When a vessel is new they make tbe i
sessment at nearly its full value, but the assessment is reduced quiti
fast as the years go by.

Q. Is it reduced faster than the depreciatioa of the vessel t— A. Ycj

sir ; and at 20 years they drop it out.

AMERICAN FISHERY INTERESTS.

835

DEPRECIATION OF FISUING VESSELS.

Q. What do you account the anuual depreciation of a fisherman 1 —
A. The first five years the depreciation would be from 5 to 8 per cent.,
audatthe present outlook it would be much more than that.

Q. The depreciation would be very much larger on those vessels en-
in winter fisheries, would it not f — A. Yes, somewhat larger.

By Senator Saulsbury :
Q, Wh;*i is the average life of your fishing vessels ?— A. The average
1 life twfcre retopping, as we term it, is about 15 years ; then they have
[tobe retopped ; the bottom, of course, never rots, being saturated with
alt.

Senator Saulsbury. That is all.
The Witness. There is one point I would like to bring out.

EXPORTATIONS, AND TRANSSHIPMENTS.

Senator Saulsbfry. State anything you desire.
The Witness, in regard to Nova Scotia interfering now with our
leiport business J ihey are cutting us oft' very much from our export

By Mr. Frye :

Q. How? — A. By bringing their fish here and having them go through
loar customhouse free of duty, and shipping them to ports that we
jhave formerly supplied with fish; while they don't allow us to bring
I» barrel of fish from the Bay over their railroad, we are allowing them
Ito bring here all the fish they choose and reship them to the West
|Ij(lies free of duty and expense, and shutting us oft from that trade.

Q. You are not aware that any restriction has been placed upon them
|iii our country in relation to that transit? — A. Not that I know of.
Q. And you are aware of the fact that they do not allow us to land
ny of our cargoes and transship there? — A. Not any this year.
Q. And I suppose it is further a fact thqt nearly all their fresh fish
;sent in that way to Boston market, are they not! — A. Yes, sir.

CANADIAN PORT PRIVILEGES.

[Q Would it be an advantage for our fishermen to land there and ship
(Boston t— A. It would )T tbey were fishing in the Gulf of ^t. Law-
Mo. We formerly landed cargoes at Shediac, and refitted and sailed.

I Q. That has all been cut oft' since the treaty of Washington? — A.

les, sir.

1 Q. Mr. Saulsbury insists that that point applies to all other classes

[property. — A. I presume all classes of property would be subject to

fsame. I think they are much more indebted to us for the two

Neges of bait and reshipraent of fish than for any they can give to

IQ They do not make the same application to all registered vessels
T»t desire to enter ; it is only the fishing vessels ? — A. Only. the fish-
« vessels. ;;

\% U there anything else you desire to state t — A. No, sir.

836

AMERICAN FISHERY INTERESTS.

TESTIMONY OF GEORGE TBEFETHEN.

Portland, Me., October 6, 1886.

GEORGE TREFETHEN «woru und examined.
By Senator Frye :

Question. Wliere do you live? — Answer. Portland.

Q. How Old are yon f — A. /Iraost fifty-seven.

Q. What i8 your business? — A. Pish dealer.

Q. How long have yow been m the bnmness? — A. Thirty-four years. '

Q. Are you an owuerot' iisbing vessels? — A. No, air; I am not an j
owner of fishing vessel now ; I do own one piece of a fishiuf,' vessel; 1 1
formerly owned a dozen m- rofwe pieces.

Q. So that your pi incipal business is dealing in fish? — A. Yes, sir.

Q. Whatkindof fish!— A. t)iy, salt, and pickle fish, and all kinds of |
sea fish.

Q. Are yoft a wholesaler?— A. Yes, sir.

EFFECT OF DtfTY Vtatf OONHt/MEK.

Q. What, in your experience, in the difference between the wholesale!
price of llsh and the price which the consumer pays? — A. I think
present the prices of dry fish arc nearly a hundred per (tent, moretban
the first cost.

Q. In your opinion, does the duty upon salt fish affect the price o^
fish to the consumer ? — A. No, sir j I don't think it does.

Q. Who do you think pays the duty? — A. I think the men thatsbij
them here pay it.

Q. The Oanadians 1 — A. The Canadians.

Q. But if it hns any effect at all it is only between the Canadians au^
fishermen ? — A. Perhaps there ought to be a little qualification in tha
respect; it may have a slight effect on the purchaser. The amount (
fish brought in from Novri Scotia, compared with the amount taken hi
our own people, is small ; I do not see how it could have a perceptiblj
effect except in rare instances when we are short of catch and tley hav
a large catch.

Q. Now, as to fresh fish : Do you know the difference between th
prices of the wholesaler and the prices of the retailer for fresh flshf-
A. Somewhat.

Q. What is the relation of those to each other ? — A. I shonld sa
about threefold.

Q. That is to say, the consumer pays threefold more than the wliol^
saler pays ? —A. Yes, sir.

Q. If there was a duty upon fresh fish, do you think it would affect tH
consumer at all? — A. Hardly; the amount is so small in comparisff
with our own catch that it does not seem to havt any significance roll
tively.

FRESH FISH IN lOE.

Q. Under the present construction of the tariff' allowing "fish, frea
for icMiediate consumption," to come in free, and under modern pa
cesseai. is there any difficulty about keeping fresh fish on shipboard f
ten days or s^ fortnight? * No*-, any.

AMERICAN FISUEEY INTERESTS.

837

Q. And then taking them in refrigerator cars to Boston aud New
York!— A. None at all, practically.

Q. Sothatpractically fresh fish could bo keptasfresh flsh for mouths t —
A. Yes, sir; they are practically cured. . ,

) DUTY.

Q. Do you know of any reason, if there is duty on frozen flsh, why
there should not be on fresh t — A. I do not.

Q. In bringing a cargo of fresh fish from Canada is there any diffl-
caltyat all in sending them to Boston or any other place whatever, and
immediately curing the whole cargo ? — A. 1 don't see any reason why
it can't be done.

Q, And thus escape the duty ? — A. I think the Canadians charge us
I idaty on fresh fish, the same as on salt.

Q. Yes, they do. Do you know of any nation that does not charge
1 08 a duty if we send them fish? — A. I do not; and some of them are
1 pretty hard chargers, too.

BAIT.

Q. Are you familiar with the fishery business? — A. I think I am.

Q. Is there any necessity of our going into Canadian ports to buy
daitfor cod-fishing on the Banks? — A, I don't think there is except in
I rare instances. I can conceive of a case where it would bo beneficial
I to go into a Canadian port for fresh bait.

Q. Such as what? — A. A vessel leaving port here with fresh bait,
I {oiDg trawling, meeting adverse winds or bad weather, the bait might
I become injured before they got on the fishing grounds, or before they
[tsed the bait ; in such a case it might be advantageous to be able to

1 into a near port instead of going a long way home to renew the
liopply. I think it is rarely that would happen, but occasionally it
liiglit. I think the strongest reason, perhaps, for our vessels going
|iiito Canadian porta is having Canadian men aboard. Nova Scotians,
;want to see their families; tl oy want to go home, and they make
jitaa excuse half the time that they want to get some bait, when they

mly want to go into port and have a good time.

Q. You being acquainted with the fishing business, if you had twenty
I'essels engaged in the cod-fisheries which should you prefer, that the

aptains of your cod-fishermen should every season go into Canadian

(orts to bny bait, or that they should take bait originally when they

avehere, and not go into Canadian ports except for shelter, repairs,

twodaud water? — A. I should prefer that they should keep away

w the ports.

IQ. You think it would be more profitable? — A. I do. From 1852 to

wo I was part owner of eight or ten cod-fishermen and mackerel fish-
nen, and was somewhat interested in the business. 1 do not think

mny knowledge we ever bought a barrel of bait of Canada.

[Q. And part of that time you had the privilege? — A^ Part of the

me we had the privilege.

AMERICAN AND CANADIAN BEOIFROCAL PBTVILEGEg.

IQ' Doyou know anything that our fishermen require from Canada
itliis matter of fishing ? — A. AVe require the privilege of thelciJorts
hm of stress of weather.

838

AMERICAN FISHERY INTERESTS.

Q. I mean outside of what we are entitled to under the treaty a.

I don't think of anything else. It might be an advantage to us to sbiii
our mackerel home, t( ave commercial privileges the same as our mer
chant marine has; I d< I't see why we shouldn't be entitled to tliem.

Q. Do you know whcJior these fishermen generally take permits to
touch and trade? — A. Several of them did this spring, but it amounted
to nothing.

Q. The Canadian authorities would not recognize them ?— A. No,

Sir,

FREE FISH.

Q. What would be the eflect upon our fisheries if Canada should
obtain a treaty which would give her our market free for 15 or 20 years!
— A. I think it would be virtually the extinction of our Bank fisheries,
our mackerel fisheries. We should probably continue the shore fishJDg j
with smaller vessels and small boats. We are suffering now from tlie
effects of the large increase the last two or three years of the continu!
ance of that treaty.

Q. In consequence of the increase of the Canadian fleet?— A. Yes,!
sir; that is where we are suffering now. They are going to die, but j
they die hard. They have their vessels and are keeping them afloatj
as long as possible in hopes to accomplish another reciprocity treaty.!
That is one thing that has created an over supply of fish, principaliyj
Bank fish. If they are allowed to increase and have ouy raarljets free,!
it se )ms to me that it will be the extinction of our fisheries; I don't se
anything else in store for us. They are feeling very bad about payinjj
this duty, and it goes pretty hard with them with the low prices.
buy quite a large lot of Nova Scotia fish myself; I have had one or twd
cargoes a rjonth for the last three months. They bring them here m
we buy them.

DUTY.

Q. Who pays the duty — you, or they? — A. I know that I don't,
furnish the money to do it, but it comes out of the price of the fislj
We buy their fish at a little less than we buy our own.

Q. Even with the duty on? — A, Yes, sir.

BAir.

Q. Have they been in the habit o'x coming in here, without let
hinderance, to buy bait? — A. Yes, sir; to buy anything they want, aj
lay 24 hours or 48, or a week if they want to, in the lower harbor, wi|
out let or hinderance, without entering.

Q. Has any trouble ever been made with them this year about it j
all? — A. The only case I have heard of was at Booth Bay.

PROVINCIAL FISH.

By Senator Saulsbury:

Q. You say you deal in Nova Scotia; what i>ro portion of the fislitl
come to this market are fish caught by the Provinces? — A. I should r
that in my business I buy perhaps a quarter part of Nova Scotia I

Q. What kind offish are those?— A. Codfish principally; veryl
maci<erel come here from Nova Scotia. I

Q. Do you think t\y.t,t the quantity of fish from Canada and ^1
Scotia that comes to this market affects the i^riee at all!— A. Well,

AMERICAN FISHERY INTERESTS.

830

treaty.— xV,
) us to Bbiv
aa our mer-
to them,
permits to
it amounted

-A. No, sir.

luada sbould
> or 20 years?
,ank flsberies,
, shore fishing '
now from tbe 1
f the continn- j

,eet?— A. Yes,]
ingto (lie, hut 1
ig themafloiitj
procity treaty.!
isb, principally]
<• roarkets free,]
138 -, 1 don't seft
,d about paying
e low prices. I
jliadoneortwd
r tbem here anq

tbat I don't,
(rice of the wi\

tbiuk they have au effect; they are a class of fish that comes here iu
direct competition with another class that our people cure here.

Q. 1 am speaking now of the cod and mackerel T — A. The codfish
principally. The mackerel might as well be left out, as far as the com-
petition of this port is concerned with Nova Scotia ; they don't bring
tliem here ; they send them to New York, Chicago, and Boston directly
from Halifax and those ports there : but they do not come to Portland.
I think I can safely say that there have not been a thousand barrels of
Kova Scotia mackerel landed in Portland from Nova Scotia vessels in
two years ; I don't know of it, and I think I should know if that had

been the case.

HEBBING.

Q. Do you catch any herring with your fishermen from here! — A. Oh,
yes, thousands of barrels are caught iu the fall of the year, about this
time. If you were to walk down upon our wharves at this time you
would see fish-packing establishments surrounded by barrels of herring
tbat have just been landed.

Q, Do you think the herring caught in the waters of the Provinces
and Canada affect the prices of herring in the market f — A. I don't see
how they can very materially j the price is so very low that after they
: pay the duty there don't seem to be anything left.

By Senator Feye :

Q. What is the price of herring ? — A. About $3 a barrel here.
Q. How many pounds ? — A. Two hundred pounds. The fish business
8 away down at the lowest possible grade of existence.

. MAOKEBEL.

By Senator Saulsbuby :

Q, That does not apply the present year to mackerel, does it ? — A.
iNo; the prices are high, but the mackerel are scarce, so it does not help
Ithe flHherman.
Q. The price of fish, like every other commodity, depends upon sup-
riy and demand ? — A. Just so.

without let
g they want, a!

sver

harbor,

\n<

year
Bay.

about it

lonofthefislitj

.A. I shouldf

iNova Scotia f

licipally; veryi

I'anadaaml^l
U?-A.^Ve«.

FEESH FISH AND HADDIES.

By Senator Fbye : . «, ,

[Q. I suppose that most of the fresh Aah. they send here come by rail,
MbeynotI— A. The most of them como by rail and steamer. Most
f tbe fresh fish that are brought from the Provinces come by steamer
i Boston from Yarmouth and Halifax.

[Q. They do not come to Portland much ! — A. Some come on the St.
bn steamer from Digby and St. John, principally halibut. But the
.John ])eople buy more fresh in Portland and in Boston than we buy
ftbem. They depend upon us for their winter baddies. They come
• Boston and buy thousands and thousands of pounds of fresh had-
ick. The Canadian Government has put an extra duty upon baddies

«d in the United States iu order to i>rotect their people there. The
ly lias been made high, and yet they can come over to Boston and
Kt'resli haddock, take tliem to St. John and smoke them, and ship
™ to Ottawa, Montreal, and everywhere else iu that country at a half

^'it less than we can, and still make a profit. That involves a little

"ociering.

840

AMERICAN FISHEEV INTERESTS.

' CANADIAN DUTY ON HADDIES.

By Senator Edmunds :

Q. How are they able to do that! — A. The Canadian Government
puts a special duty on haddies.

Q. And you have to pay the duty when you send them there!— A.
Yes, sir.

Q. The duty in Canada, you think, bears upon you who send the fisL
in there? — A. Yes, naturally.

TESTIMONY OF JOHN A. EMEBY.

Portland. Me., October 0, 1886.

JOHN A. EMERY sworn and examined. .
By Senator Frye :

Question. What is your business? — Answer. I am in the salt business,)
and am a vessel-owner and commission merchant.

Q. Are your vessels engaged in fishing? — A. Yes, sir.

Q. How long have you been engaged in that business?— A. I bavel
been engaged in this business about ten years.

BAIT, ETC.

Q. You have heard the testimony touching what we desire froml
Canada, the necessities of our buying bait there, and touching tliol
effect of free fish, and all that sort of thing, from several gentlemen wLo]
have testified, have you not? — A. Yes, sir.

Q. Do you agree with them ? — A. I do. I cau't see that there is any|
necessity of our vessels going in there for bait. I think they get more
bait of us than we get of tbem.

CLOSE TIME.

Q. I wanted to ask especially your opinion about a close time.— A. Mj
opinion is that if we don't have a close time the mackerel will disappea
from this coast. Such an immense fleet of vessels going down ther
and brciaking them up in their spawning season, when they first appea
off Cape Hatteras or Cape Henry, I think has the effect to drive tliej
oft' tlie coast, broad oft', so that the large mackerel don't care to come [
on this shore at all. I think that has been especially the case this yea
And of course, taking so many mackerel full of spawn, in time will tei^
to cut off the supply^ I think they will disappear on this coast alt
gether unless something is (louo to prevent it,

Q. They take porgies and mn<;k<'rel indiscriminately, do they notfj
A. Yes, sir. There have been no poigioB on this coast for many yea^

MACKEREL SPAWN/JfO.

By Senator Edmunds :.
Q. Do the mackerel spawn on this coast here? — A. .1 coaWVt sayj
to that; I think tbey used to before we drove them away; I think th
used to spawn around Cape Cod and Nantucket, bat I cau't say of r
own knowledge j that is the impression I have always had.

AMERICAN FISHERY INTERESTS.

H41

Q. According to your information are any mackerel taken oflf your
slioies here, the nearest mackerel fisheries to this port, that contain
spawu fully developed and about ready to be cast, at any time of the
year t- A. I think they have taken them off Cape Cod; they used to,
"bnt haven't taken any this year, and very few the year before. But 1
caD't say as to that so well as some of the gentlemen who have been in
the business longer.

FREE FISn.

By Senator Feye: . •

Q. In your judgment what would be the effect of a treaty with Canada
by which she was given our markets free for a certain period, say fifteen
or twenty years? — A. I know I should go out of the business.

Q. Why would you go out of the business! — A. We can't compete
with them. They are building up their fleet at the expense of ours.

Your opinion is that it would be destructive to our fishery in-
I terestst— A. That is my opinion. When I was a young lad I remember
that our fishermen were prosperous, but now some of them have gone
I oat of the business entirely.

COD AND MACKEREL.

By Senator Saulsbuey :

Q. How far off this shore are mackerel taken ? — A. The mackerel ap-
)earoD this shore about the 10th of July, and are caught from 10 to 50
niles off-shore.

Q. Have you any hand-line fishing ? — A. Not now for mackerel.

Q. The fishing is all done by seines! — A. Yes, sir. There is some
I iliore cod-fishing on this shore. They catch those nearer.

By Senator Edmunds :

Q. Row many vessels have you in the business! — A. I think I have
|an interest now in fifteen.

Q. Both cod and mackerel fishing vessels ! — A. Yes, sir.

Q. About the same classes of vessels that have been described by
k other gentlemen! — A. Yes, sir.

Q. About the same number of men to each vessel? — A. Yes, sir.

Q. About the same proportion of American citizens ! — A. Yes, sir.
Ilam interested in small pieces with some of these gentlemen who have
Itestified.

Q. Have any of your vessels been disturbed in the Provinces this
tear?— A. I think not.

Q How many vessels this year have you had going into the North

lay, or what we call the Bay of St. Lawrence ? — A. Six or seven ; six,

iicy went for mackerel, I suppose? — A. They went for mackerel.
Q. Did they get fair fares ? — A. Two of them got pretty near full
"ires. The rest of them came home with broken trips, which is very

^profitable.

THEEE-MILE LIMIT.

[Q' And they were taken, I suppose, as a matter of course, outside of
"ilireeinile limit?— A. They can't fish inside the three-milo limit.

Hiero isn't water enough, us a rule.

[Q Your mackerel vessels, during the time you have been engaged in
■ business, I suppose, have not caught fish to any extent within the

m

S42

AMERICAN FISHERY INTERESTS.

limit t — A. Not uutll this year. Very few vesselN that 1 ha\o U'tMi in
terested in went to the Bay of St. Lawrence at all. It is only tln.i vear
that the mackerel have gone there for a number of years. I think they
have been driven off our coast. It has been a very unfnrtuuato fcntiirc
that they went this year and the year before.

Q. Uas it been any serious inconvenience to your vessel in the mack
erel lishery up there that they have not been allowed to go inside of tho
three-mile limit, except for wood, water, &c. T — A. Oh, no, sir; they
couldn't fish vitbin tho three miles.

TESTIMONY OF HOBACE M. SAROENT.

• ^ a- . Portland, Me., October G, im.
HORACE M. SARGENT sworn and examined.
By Senator Feye :

Question. Where do you reside 1 — Answer. Falmouth.

Q. What is your business! — A. Fitting business.

Q. Falmouth is close by Portland, is it not! — A. Yes, sir.

Q. Are you the owner of any vessels ? — A. Yes, sir.

Q. llow many are you interested in ? — A. I own pieces of about fif-l
teen fishermen, and I own a large fleet of coasters, about twentyfivel
vessels.

CASE OF THE ELLA M. DOUGHTY.

Q. Did any of your vessels get into any difQculty this season t— ^J
Yes, sir.

Q. What!— A. The schooner Ella M. Dou{;hty.

Q. What was the difficulty ! — A. The captain ieft Portland with fresh
bait aboard to go halibutting. He had been a trip before of over a|
week, and got quite a large fare. He went back to the same groundi
in hopes to get another fare. But they bad moved by the time Lego^
there, and so he started to go further up the coast. When be {rot nfl
the coast he fell in with the ice, and put into Pictou for harbor. Whilj
in there the custom-house authorities sent a boat oif alongside and told
him he would have to enter at the customhouse, which he did. Helaj
there a spell, and came out and tried to get up the coast from there fiiii
ther, but the ice drove him into St. Anne's. 1 think he tried three time
to get out. The second time when he was trying to get out, his baij
was getting poor, and one of their fishermen came alongside and offero
to sell him some fresh bait. As he had one of these permits to touol
and trade, which he supposed was all sufficient to buy with, he bough
the bait. These fellows that he bought the bait of went to the sto^
there to do some trading, and the storeman asked them where theyga
the American money. They told him, and then the storeman madej
complaint against the Doughty. She had to put back again to '^t. Ann''
on account of the ice, and finally had to make up iuto the upper harboj
The captain didn't know that there was any custom-house there.
said there was a farm-house away up in the fieiu where the man livd
who pretended to be a custom-house officer. Thji i man came down a|
seized the vessel, and the captain and crew came • omc. Since them
gave a bond of $400 for not entering, and $200 for some other expeus
(i don't know exactly what they were), and a $3,000 bond for the ves3(

AMERICAN FIBHIilKY INTERESTB.

Ma

Q. Voii gave bond to release the vessel and she hu« come home t — A,
Ve8, sir.

Q. Uas anything been done aboat iti — A. Ves, sir ; Mr. Putnam in
attending the case, and I Huppose it will oomc op for trial this month.

By Senator Edmunds :

Q. A • whiit place t— A. At Halifax. , . r

Ly Senator Fbye : ' '

Q. How much bait did he buy f — A. He bought $10 worth ; bought
it very clieai* ; 1 believe he bought ten barrels at $1 a barrel. lie bad
OIK >t these jx ( mits to touch and trade, which he showed, but they
told bim it wasii t good for anything. It was my understanding when
be loft port here that with that permithe could touch ami buy anything.

Senator Fbye. The fact is that a telegram came from the State Do-
partmont that it was good.

The Witness. I think so ; we were led to think so.

l)y Senator Edmunds:

Q. What time in the year was it that that vessel was seized I — A. I
think it was in the month of May.

Q. She was in the Northumberland Strait, near Pictouf — A. Tes, sir.

Q. If it had not been for the ice driving her in she would not have
bad any occasion to buy bait f — A. No, sir; but, of course, it is very
I convenient for the halibut catchers to go in and buy bait.

BAIT.

I, What kind of bait is used for halibut? — A. Herring mostly; when

I they can get herring they fish with it altogether, but when they cannot

they fish and catch haddock and cod, or anything they can get, and cut

them ap for bait. But herring will catch more halibut than this trash

Uill.

TESTIM0F7 OF N. 0. CBAtf.

PoETLA?/D, Me., October 6, 1886.
K 0. GEAM sworn and examined.

By Senator Edmunds :
Question. What is your age ? — Answer. Seventy three.
Q. Where do you reside ? — A. Portland.
Q. What is your occupation t — A. Commission merchant.
Q. You deal in fish as well? — A. Tes, sir; I have for the last 40 years.
Q. Are you interested in any fishing vessels f —A. No, sir.
Q. Are you acquainted with theifishing business ? — A. I think I am
uome measure; I have had such connection with it that 1 have more
[trlesskuowl^idge.

THEEE-MILE LIMIT.

^Q. From your knowledge of the fishing business in the Gulf of St.
wrence and along the Dominion shores, what do you think is the
leio American fishermen of the right to fish within three miles of
shore? — A. I shouldn't judge it was of great value, because in
«per water there are more fish ; and then, again, there is great risk

IMAGE EVALUATION
TEST TARGET (MT-3)

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Hiotographic

Sciences
Corporation

23 WEST MAIN STSEkT

WEBSTER, N.Y. 14580

(716) 872-4503

• V

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844

AMERICAN FISHERY INTERESTS.

in fishing within the limite ; they lose their seines, and it is daogi
navii'ation. I don't consider it of any value.

.i-ii'-'iil

;^"\n-} w,?

any

FISHING TRADK.

:erou8

Q. Do yon receive consignments of fish from thj British Provinces t- 1
A. No, sir; I buy more particularly here, and have been in the habitof
buying and shipping, . I

Q. Where doyou ship to chiefly"? — A. ToBcston, New York, and Phii]
udelphia, and west of that ; to Cincinnati some.

Q. Do you make any foreign shipments?— A. No, sir; not of 1
years.

. CLOSE SEASON. • . ,

Q. Have you any knowledge or information on the subject of what!
is called the close season for mackerel? — A. I think I have.

Q. Will you state ii, please? — A. I think it is the death of snmmerl
fishing ; it was so this year.

Q. Will you state why you think so? — A. Because they meet theml
south of New York and Sandy Hook, follow them up with seines,!
head off the spawn fish. The large ones will escape ; they have clean
out and left, and haven't rhown themselves along the coast from spring
until now, but they have in great abundance shown themselves dowa
in North Bay ; there has been an unusual supply there this jear; somi^
vessels have l-een very successful down there in taking them.

Q. Have our vessels in the southern fishery at the beginning of tb(|
mackerel season been more numerous this year than formerly !— A.
think they were quite as numerous, if not more so.

Q. But they have bean iu the habit of fishing when the macka
first appeared south of New "iork for a good many years, have th
not? — A. Yes, sir; but I don't believe there are fifteen sail ol vessel oij
an average, out of Maine and Massachusetts, in ten years, that havi
paid their bills in that spring fishing. But the fact is that after 1
Ht home all winter the crews become impatient and want to get.iwajj
and so the vessels are sent to the south for the early catch, bat I ai
satisfied that it would be better for them not to go. Take this m
year; not 10 pe': cent, have paid theii bills, in my opinion. Whal
fish they take are poor then. The vessels break up the schools andgd
them wild, and the most of them that don't go broad off will beforj
they get up to tne Georges and Shoals go off and come down below.

Q. What is the grade offish that they catch first south of ISew Yorkl-j
A. Very poor, indeed ; No. 3.

Q. How would thej' be graded in the market here? — A. No. 3's,ai^
very poor at that. If the mackerel could be allowed to take tha
natural course and come up along Nantucket and Cape Cod andthejj
spawn all along undisturbed, the increase would show itself in twof
three years very manifestly both in the quantity and in the quality.

QUALITY OP PROVINCIAL FISH.

By Senator Saulsburt :
Q. You are in the habit of purchasing fish. I wanted to iciuiretj
character of the fish you buy that are caught in the waters of the J
minion. Are they a better quality of mackerel than those caugbti
our shores ? -A. I don't think the Canadian fish are so good.

AMEHICAI7 FISHERY mTEKESTS.

ur^

id it is dangeroas

Q. Is tbe average Oanadian mackerel a better fish than those caught
l,v usT— A. I don't think they compare with onrs in quality. They get
ii (treat many poor flsh off the Provinces.

Q. The reason of my inquiry is that you stated that you thought

that tbe southern fishery deprived us of the best flsh, and that the best

fish (lid not come to our shores, but went up ot< the Dominion shores.

Bnt iiow I understand you to say that the quality of the Canadian flsh

i IS not superior to the fish caught in our waters ? — A. No, sir; it is not.

j Those fish that have been driven off this year are being taken now, and

are getting to be a better quality than they were a month or two ago.

1 1 have a great many of them that have come from the Bay, and they

liave been distributed around through the country. The quality of

I late has rather improved.

By Senator Edmunds : I T.:

Q. When you say that our fish are better in quality, I suppose you
j leave out this early catch of No. 3'8, and speak of the catch later in the
I season?— A. Yes, sir; later in the season, when the fish are around
jhere and are undisturbed, they appear very much better. Then, again,
[being so recently taken, they don't discolor, as in the North Bay. Those
ish we get there, if they lie any length of time, become dark.

By Senator Saulsbuby:

Q. As a dealer in fish do you in fact pay more, or less, for fish caught
tin the Canadian waters than you do for the mackerel caught here ! — A.
IWe pay very much more for the mackerol caught here. I bought fish
Ito day and paid very much more for those that are taken here. They
IsoiDetimes citch a few along here, bat there has been no supply what-
lever. We pay very materially higher for those caught here this year
|than we do for the Bays. , .. , , ! . . , .,. i . : ,

Q. Do you deal in fresh fish ? — A. No, sir. *

By Senaior Feye :

Q. As a matter of fact I suppose there is better feed on our coast
Kor mackerel than on the Canadian coast? — A. Oh, yefl.

TESTIMONY 07 CHABLES D. THOMS.

J , Portland, Me., October 6, 1886.

CHARLES D. THOi^tS sworn and examined.

By Senator Frye:

[Question, Where do you live!— Answer. In Portland.
Q. How old are you 1 — A. Sixty-three.

Q. What is your business f — A. Fish business. . ,,■,./ , ;, ,

Q. Are you the owner of vessels ? — A. I am. * '

[Q. How many! — A. Nine, I believe; seven in the mackerel fishery,

pi two shore fishing.

I Q. How long have you been engaged in shore fishing ? — A. Forty-

(ree years; since 1843.

MACKEEBl,. WHERE TAKEN.

[Q Where have you during those forty-three years pursued the busi-
■"^ of fishing for mackerel ^A. Mostly on this shore.

846

AMERICAN FISHERY INTERESTS.

Q. What proportion of the mackerel taken during that forty-three
years have been taken on our shore t— A. Kine-tenths of them.

Q. flow frequently have you been into Canadian waters for mackerel! 1
I mean the waters off the Ganadian coast. — A. I have not been into the
Canadian waters for mackerel before this year for, I think, eight or nine
years jl have had two in there this year.

Q. Where did thoso two fish in there this yearf — A. In the Gulf of I
St. Lawrence.

-1 THEEE-MILE LIMIT.

Q. Within the three-mile shore line? — ^A. No, sir ; that is, 1 1
not. I instructed them not to when they went. I have a vesserd'ownj
there now that cost me $10,000.

Q. le it safe to fish down there within the three-mile shore line with j
purse-semes ? — A. No, sir ; it is not.

Q. Could it possibly be profitable to take mackerel within the three-]
mile limit off the Canadian coast T — A. No, sir.

Q. Then you have no desire that your mackerel fishermen shall be]
permitted to go inside? — ^A. No, sir.

.. ; o ,.., CODFISH.

Q. How is it about the codfisheries f Where have you fished for codl
during the forty-three years ? — A. I haven't had much to do with cod-I
fish during the last number of years.

Q. When you did ? — A. My vessels are all mackerel catchers, excepl^
some small vessels that fish along shore. I have been running theml
winter fishing.

Q. Where have you pursued that ? — ^A. Off here. Last year I ran I
La Have, on the Nova Scotia shore.

BAIT. ' ' ,,_ V, ;--

Q. When you fished for cod off the Canadian shore have you ha
any occasion to buy bait from the Canadians ? — A. No, sir.

Q. Do you wish for the privilege of buying bait ? — A. Not any.

Q. Is it worth anything to the fishermen of Maine to be permitted t|
buy bait there? — A. I don't consider it so.

Q. Do you agree with these other gentlemen that have testified tha^
in their judgment, it would be more profitable if they never went inti
Canadian ports for any such purpose ? — A. Yes, sir ; I do.

Q. Do you take your bait with you from here ? — A. Yes, sir.

Q. What kind of bait?— A. Salt bait.

THE CASE OF THE ELIZA A. THOMS. '4

Q. What is the name of your vessel that got into trouble down there!-|
A. The Eliza A. Thorns^ she is ashore in MaJpeque. '

Q. Did she go ashore in a storm ? — A. Yes, sir ; collided witu anoth^
vessel, and they are ashore there.together.

Q. That is one of the vessels that the insurance man (T. 0. Lewis) w^
speaking about ? — A. Yes, sir.

Q. Do you agree with him in his account of the impossiblity of olj
taining divers down there?— ix. Yes, sir.

Q. And also that a diver will be sent from here ?— A. Yes, sir.

Q. Have you had any instructions of any kind from Canada that yq
cannot be permitted to use a diver there ?— A. No, sir. The insaran^

AMERICAN FISHERY INTERESTS.

847

L. In the Gulf of

I jgent tliere is doing the whole thiug. My vessel had 140 barrels uiuler
jeck, and they got a permit to land them. They thought they were
joiiig to ship thecQ homo, but when they came to ship them the author-
ities would not allow it, nor would they allow the seines or boats to be
Lliipped at first, though they afterwards did give a permit to ship them
Ithroughbyrail.

Q. Tbey seized them in the first place and put a keeper aboard ? — A.
lies, sir.

Q, What have they done with the seines ? — A. They are coming home
I by another vessel. They wouldn't allow the mackerel to come by ves-

1; they will come by rail, and it will cost us 85 cents a barrel to get
lilieiu by rail.

Q. Why would they not allow them to ome by vessel! — A. I don't
hnoff. 1 suppose it to be something about allowing a vessel to go in
jtliorc and buy and re8hii> materials.

Q. Do theiy fishermen have any difficulty of tha*^^ kind here in our
[ports?— A. No, sir.

BAIT. ' " ' ■'■

Q. Have they been buying as much bait here as they pleased this
jjiiison !— A. Yes, sir ; I have sold them in former years hundreds of
jdoliars' worth; I haven't for the last three or four years. ,, ' , ^ ,
Q. Did they buy a good deal this season ? — A. Yes, sir,
Q, Have you any idoa how much ? — A. I should think some 0,000 or
i,0i)O barrels altogether.

FREE Firi. / ' .

u

4

tiJkl

lore have you ha

Q. Do you want a treaty with Canada by which you shall be permit-
lied to buy bait there, and hire men, and transship, as a price for giving
per a free market with us! — ^A. No, sir.

Q. Do you know anything that Canada can give }:o America Which
Joa would regard as an equivalent for a free market for Canada in this
fcuntry?— A. I don't know of anything.

[Q. What, in your opinion, would be the result of a provision in a
aty that should give a free market to Canada for fish in the United
ates for fifteen or twenty years ? — A. It would ruin us ; we should
lave to go out of the business, all of us. , ,

NATIONALITY OF FISHERMEN. '' \

I Q. What proportion of the sailors employed in the fish business hero

ithe State of Maine, so far as you know, are American citizens ! — A.

^)bably in the mackerel fishing more than three-fourths ; but in the

dishing probably there would not be quite so many ; perhaps half.

[Q. Do the Canadians who come here, the young men, make good cit-

pst— A. They make smart men.

|Q. They are generally the more enterprising Canadians who come
«, are they not!— A. Yes, sir.

[Q. What is the general result when they come over and commence

Tiing here ; do they become American citizens ! — A. They have to he-
me American citizens when they come to taKe charge of vessels.

IQ. And I suppose most of them have an ambition to take command

Ive«8el8?--A. Yes, sir.

n And as a result do they not become naturalized ! — A. They do ;

isir.

848

AMEHICAN FISHERY INTEBE8TS.

-.• .,.,' ,-.:., \ .,..-'.>,-. . DUTY. ^^-'•^--'■■''' '■

Q. Yon are a man of long experience in this business of fishing; who
do yon thinlc pays the dnty on fish, the Canadian, or the consumer!— j
A. I think the Canadian has to pay it.

Q. Do you think there should be a duty on frozen flsh?— A. Yes,8ir.

Q. Why? — A. Because they mix up duty with everything weseiidj
there; we can't ship any fresh flsh there unless wo pay duty onthem.l

Q. We do ship some there and pay dnty, do we not? — A. Yes, siri
our smoked flsh go there, and they put such a duty on us that it costg|
all the market.

Q. When you ship flsh to Canada who pays the duty? — A. Wcbave
to pay the duty; that is, it comes out of us. They pay it, but itcomei,
out of us; it comes out of the fish. We used to ship flsh to Canada
years ago when they were free of dnty and could make something oa
them ; but when this treaty expired they pot such a dnty on our fresii
flsh that we can't afford to do it now.

Q. That is, the duty which you pay and the price which yon get foi
the flsh will not allow you to do it ? — A. No sir.

Q. Do yon know of any country to which we export flsh wbere then
is not a duty against us t — A. No, sir.

Q. You say that to allow Canada to have our markets free for 15 (
20 years would ruin us; why? — A. Because we can't compete with beij

Q. Why not? — A. They can furnish flsh cheaper than we can.

CANADIAN COMPETITION.

Q. Why ? — A. It does not cost them so much to catch the fisb.

Q. Why ? — A. Their vessels don't cost so much, and catching fisj
don't cost so much.

Q. Do they not pay as much wages as we do ? — A. I don't thinit th6|
do. Their flshermen are all glad to come here and flsh l-icause th^
say they can get more; when they come here they get their cash;
ha\ e to pay cash.

Q. Don't they ? — A. I understand they do not ; the flshermen tbjj
belong there tell me that they do not.

Q. Do they have to take store pay? — A. Yes, sir; and the salt fiij
are cured and the mackerel are cured by the women and boys.

Q. Do you know what those women and boys get ? — A. I dou't lino^
but they don^t get so much as our men here.

Q. What do you pay your men here? — A. All the way from $2 to|
a day for experienced men.

Q. You do not employ any women, do you ? — A. No, sir.

, , ,. RELATIVE VALUE OF COD AND MACKEREL FISHEKIES.

By Senator Saulsbury :

Q. What is the relative value of the cod and mackerel fisheria
Which is the more valuable ? — A. Mackerel.

Q. Is the aggregate amount of mackerel taken worth more than (
— A. Some years ; this year the cod is worth more. But generally ij
the other way, and there is the most money in mackerel.

AMEBICAN FISHERY INTERESTS.

849

FURTHER TESTIMONY OF ORIK J3. WRITTEN.

Portland, Me., October G, 1886.

OKIN B. WHITTEN recalled and further examined.

By Senator Frye :
Qnestion. Have you information in regard to the seizure of another
Portland vessel? —Answer. I have. .,.,..

THE CASE OF THE GEORGE W. GUSHING.

Q. What is her name t — A. The schooner George W. Gushing.

Q. You may state the circumstances. — A. I saw the owner of the
I vessel to-night, and, by the way, he is confined to his house by a severe

d, so that he cannot appear before the committee. He stated that

; vessel went down on the Nova Scotia shore and put into a T>lace
I called Sand Point, some ten miles below Shelburne. Shelburne, I be-
|lieve, is a i)ort of entry. She got there some time during the even-

g, and two of the crew left the vessel and went on shore. It hap-
Ipened tiat the Terror, Captain Quigley, was there, and he boarded the
Ischoouer in the night and ordered her up to Shelburne. At Shelburne
lilt placed her alongside the wharf, chained her to the wharf, and there
Ibekept her some ten days, and they paid a fine of $400, and she was
lieleased. The vessel came home, the trip was broken up, and the crew
|;ot dissatisfied and disheartened. That is all that trip amounted to.

Q. What did she go in there for! — A. I think ho told me that it was
jlheir intention to go in there for bait. They had the impression, from

rtatthey had heard from time to time, that they had the right to enter;

)Dt still she didn't go in.

Q. She had not done anything and had not obtained anything? — A.
jHadu't done or obtained anything, only two of the crew had gone

inliore.

J /CASE OF THE C. B. HARRINGTON. <*? •

Q. Was there another Portland vessel seized? — A. One called the
p. Earrington was seized about the same time, and I know that she
aid a fine of $400.
Q. Do you know what she did ? — ^A. I think she bought some bait.

(j Do you know of any other Portland vessel? — A. Those are the
Ny ones I know.

i *j. Other than those that have been mentioned ? — A. That is all.
I Q. Tlie owner of the George W. Gushing, with whom you had the
Ptervicw, was not able to come here on account of sickness ? — A. He
p not ahle to come on account of suffering from a severe sore throat

Icold.

S. Ex. 113 54 ' ^ "

• ?•

-y A

;>..

APPENDIX.

Letter from thk Collector of the Pout of Boston, with AnswkrstoQces-J
tion8 submittkd in writing by thk subcommittke.

• ' ^ ■^" ,' ' " ' ■ ■ CusTOM-HouBE, Boston, Mass.,

Collector's Office, October 5, 188C.

Sir : With further rofurenco to your letter of the 28th ultimo, I liave the honor toj
transmit with this, in response to your request, the following described statements.-

A. — Replying to inquiries, (I) Tne whole numher of vesstHs licensed at this port
since January 1, 1885, for the flshinc trade; (2) The aggregata tonnage of thesames
(3) Whether any of them are propelled by steam.

A note is added to this statement in reply to your third inquiry, that the licenses issnei.
were exclusively to sailing vessels. Also, reply, in part, to jsrour sixth inqniry, thaj
it is estimated that not exceeding 6 of the vessels licensed for the fisheries had p«N
mits to •' touch and trade," and that there wjre not any other trading papers issuei"
to such licensed vessels.

B and C. — Replying to inquiries, (4)Tbe whole number of vessels cleared fromtliij
port for ports 'u the British North American Provinces from January 1, 1885 to Sep
tember 30, 188b ; (5) American and foreign vessels, separately, class, number, and ton
nage of each class, and whether in ballast or with cargoes ; (6) None of the mcrchai
vessels named in statements B and C had fishing licenses.

D. — Replying to inquiries, (7) The total number of pounds of fresh fish import
into this port from the British North American Provinces January 1, 1885, to Septea
ber 30, 1886. There were no duties assessed upon fresh fish, excepting upon fred
sturgeon, as such fish are not for immediate consumption in the condition in whici
they are imported. (8) The total number of barrels or pounds, respectively, of picklj
or salted fish imported f^om the same ports during the same time, with the amoni(
of duty to which the several classes were subject.
Very respectfally,

. • ;,;:::.>; L. SALTONSTALL,

Collector, i

Hon. Geo. F. Edmunds,

Chairman United States Senate Committee, ^o., ,^ -

Tremont House, Boston.

''''-' ■^■'' ■'•'""■ v,-?'/" •;''■',;'";■ "-"^ -J. CusTOM-HouaE, Boston, Mass.,

' '. - Collectm^sO^ce, September '^,\^\

Vessels licensed at the port of Boston for the "fisheries" Jrom January 1, 1885, toild
,5 . -, including licenses renewed in 1886.

BoIongiii<; in tbia caHtotns diHtrict ...
Belonging in other cuatonia districtA .

Total

No.

9i

I 09 I 4,1

Toaiu

All sailing veasels.

It is estimated that not exceeding 6 of the above vessels had permits to "toj
aiil trade." There svero not any other trading papers issued to the above vesfi'

85J

AMERICAN FISHERY INTERESTS.

851

..; I ,;-j.

■1

CusTOM-HousE, Boston, Mass.,
Collector's Office, Septembir 30. 1886.

KR8 TO QtR8-|

, Mas».,
tohtr 5, 188C.
re the lionor t
)d Btat«ment«:|
d at this port
'6 of the same }

jliceiiBesissneu
ll inquiry, thalj
ilieries had perf
g papers issuw

learedfromthij
^ 1,1885 to Sepi
umber, and toa
of the mcrcbar

lb fish import
1885, to Septea
ting upon fre«
idition in wliid
tively, of pickl«
with tiie amouil

)NSTALL,
ColMor. I

JON, Ma88.,

ttember '30,1886,1
Ll,1885,(oW

No.

TOSBl

92

'!

'm

^

.emits to "to
a above vcsm'S

850

fmtli cleared from the port of Boston for the lirUish North Amerioan Provinces from

January 1, 1885, to date.

ClanR.

imerican ;
jiteamors . .

Ships

liirks

Brie«

Sohooners .
Sloops

Total American ,

I Foreign :
Steamers . .

Sliips

lljrkn

Brigs

Schooners .
Sloops

Total foreign .

In ballast.

A'o.

16

351

10

m

16

4

45

08
1,073

1,236

Tonnage.
428

4,491

5,eoe

66,601

170

"77i^40e

16, 902

6, 353

14,867

16,111

110, 659

169,892

Wltb cargoes.

Xo.
158
1
1

4

42

1

Tovnaot.

180, 7J7

1,008

830

1,818

6,787

17

207 130, 217

158

17

80

1,061

1,822

01,211

5,'B40

14,481

103,613

185, 051

Totols.

A'o.

IfjO

1

10

20

803
11

694

Tonrtagt.
13),H'>

1,008

4,761

7,124

72, »08

187

216,713

174
4

62

184

2,134

2,658

77, l|:i

0, !t.^:i

20,613

30, (IO,i

220, '.-^

364,043

: '• -my.---, ■>:< .: ■; y~;^ RECAPITULATION.

t- , . , '.

■ ''t'

-, i '■ . , '■

Iwricw vessels ,

387
1, 286

77,406
100,892

207
1,322

189, 217
185,051

604
2,658

210,713

354, 0^3

Total

1,623

247,888

1,620

324,268

8, 1.52

671, 636

Kooe of the above had fishing licenses.

D.

■■• ■

,/•'.■; V -• •

--. .M_" >.

1 :_ ,;

'." • • "

hforlations of fish from the British North American Provinces into the customs district of
Boston and Charlestown, January 1, 1885, to September 30, 1880.

[All of the flsh subject to duty wore imported since July 1 , 1885. ]

Kinds.

Free of duty.

ijubiect to duty.

ICate of
duty.

Amount

Quantity.

Value.

Quantity.

Value.

ofduty.

iMh salmon ponndx..

HI other kind of fresh flsh,
PWDds

301,884 $26,351
2, 731, 003 02 200

'

feters, cauned, preserved,
pouiida

274, 348

87, 230

22, 804

47, 182

113,862

8,190

ji haddock, hake, and pd-
wt dried, smoked r.r

I'ftled pounds..

BTini;;

Dtied, or smoked,
ponnds

2, 971, 822

1,786,750

1.5,707

19,280

687

0, 558, 330

2. COS, 440

20. 652

50, 326

2,843

1,010

$155, 844

54, 370
90, 118
3.52, 703
3.-., 227
5,693
48, 855

i c per lb.

i c. per lb.
$1 per bbl.
$2 per 'jbl.
$2 per bbl.
$1 per bbl.
Ksttmated
at 25 per o.

$32, 791
in o''7

, ficliled barrels..

Werel, pickled.... do....

WD. pickled do....

*»ive4 do....

20, 652

112,032

5, 686

1 010

i*r — ••

lUO, 308

]'i 214

Tolal {pounds..

J bari'els..

7,691,459;
35, 680$

742, 535

5 9,163,785>
\ .«?,731)

742, 816

204,032

«

^:i

1

m U'[

,.,iL^„>

852

AMERICAN FISHERY INTERESTS.

Letter from the Collector of the Port of Portland, Mb., with Answerj
TO Questions in Writing Submitted uy the Surcommittee.

' Custom-House, Portland, Mk.,

' •• Collector' 8 Office, October f),\siiii.

Sir: Iliavo tbe honor to iickiiowlodgo llio rocoipfc of your communication o( the
Gtb inHtantroqnestiug intbrmation on matters having rolerouce to the " Fisheries (inos-
tion, &c."

Horeivith I respectfully submit answers to your inquiries in the order and numb*r
in which you i)ropound them, viz :

First. " The whole number of vessels licensed at this port since January 1, 1885, to
this date for the fishing trade.''

Answer. One hundred forty-nine.

Second. " The aggregate tonnage of the same."

Answer. Seven thousand live hundred and sixty-nine and ninety-Hcveii one-liiiii-
dredths gross, 6,98U.G2 net.

Third. "Whether any of them are propelled by steam,"

Answer. Three propelled by steam ; 478.21 gross tons, 290.81 net tons.

Fourth. "The whole number of vessels cleared from this port for any of the ports
of the British North American Provinces since the same date."

Answer. Forty-eight American and 293 British vessels.

Fifth. "The chamcter of said vessels, respectively, whether steam or sail ; as to the |
sailing vessels, the kind of craft and the total tonnage."

Answer. The American vessels cleared were engaued in the foreign carrying tradi",
and were sailing vessels; total tonnage, 12,341. The British vessels, part of them 1
engaged in bringing ijsh to this market, fresh and salt, and returning witii ballatti
only, and part of them bringing lumber, plaster, and coal, and returning in bailast.i
These were all sailing vessels, schooner rigged ; tonnage, 36,059. ]

Sixth. " Whether any such fishing vessels bad also trading papers of any kind, j
either regular clearances or other, and whether any of such merchant vessels budfi.-li-j
ing licenses." I

Answer. Seven vessels licensed for the fisheries took a permit to "touch and tradp,"!
but no clearance or other papers, except usual enrollment and license of vessel. Thel
date and names of the vessels taking " permits to touch and trade" within th i iHtiddj
named are as follows, viz : January 1, 1885, schooner Rozella ; August 7, 1885, sehoonfrj
J. W. Bickford; Jauuary 11, 1886, schooner Forest Maid ; May 15, schooners Georj^el
W. Pierce and Gertie May ; May 27, schooner Anni(« Sargent ; June 7, 1886, schooDer j
Lilla B. Fernald.

Seventh. " Tne total number of pounds pf fresh fish imported into this port (luring
the same time, with the total amount of duties paid thereon."

Answer.

"■'■'■■•■'■

Descripllon.

Quantity.

Duty.

Cod

ponnds..

12,028

30,000

75

1,400

20,880

193, 700

2,806,713

427,000

Free.

Do.

Salmon .

_

Do.

Halibut

Do.

do....

Do. ,

Livo lobstoTs... .......

Canned lobRters

ponnds . .

Do,

__. do

Do.

i)ty-Hoven one-bim-

am or sail ; as to the

into tbis port (luriiij

AMERICAN FISHERY INTERESTS.

85:;

Eighth. "Thetotalniiiiiix^rofpouuds of salt fish imported from tlie same provinces,
iritbthn total amount off .ty tbernon, together with a statement, so far as practica-
ble, of the '. ariouH kinds of lish of each class."

Answku.

DeacriptioD.

Driwi herriiiK

Cod, «»lt<>d

Dried fl«li (klnil uot onumerated)

silooD, cnniioU

ll«kerel, cuiined

liming, salted

pollock, dried

Cod, dried

Quantity.

Pound*.

7,750

21, 696

803, 233

1,728

3,120

824,766

71,786

177, 057

Duty.

Froe.

F'fio.
'$4,015 in
•:)« 'a
*ii i:>

*l, 623 7H
*358 6H
•885 29

* TTnder old treaty.

I am, very respectfully,

SAM. J. ANDERSON,

Collector.

Hon. George F. Edmunds,

fj, 8. Senate, Chairman Subcommittee to Investigate Fiaherien, <Jc.,

Burlington, Vt.

I SUIISTICA AND OTUER INFORMATIOX SUBMITTED TO TUE SUBCOMMITTKE BY JaMKS

OiFFORD, Esq., Deputy Collector at Fbovincktown, Mass., ix Connection
WITH HIS Testimony.

FISHING bounties. , V. .

"The act 45, chapter 18, authorizes the payment of a sum of $150,000 as an aid to
deTelop the sea-fidheries, to jmcouraKO the building and fitting out of improved fish-
ing craft, as well aa to ameliorate the condition of the fishermen. This grant is to
I be expended under regulations of the governor and council, and in such install-
Imntsas may be directed in each year.

I "An order in council, adopted 11th of December, 181^, provides that (1) Cana-
\im fishing vessels of 10 tons and upwards, which have been engaged in the sea-fish-
|si« during a period of three months, shall be entitled to a bounty of $2 per ton up
I lo 60 tons, one-half of said bounty being payable to the owner and one-half to the
Imw; (2) Canadian fishing boats which have been engaged, in the sea-fisheries dnr-
liig a period of three months and caught uot less than 2,500 of sea fish per man, ex-
jdmive • * » shall be entitled to receive a bounty at the rate of $2.50 per man,
Ine-fifth being payable to the owner or owners of the boat, and four-fifths to be di-
jiMed equally Detween the men."

I The ahove order relating to boats was superseded by another ordev in couacil,
IpwdMay 2, 1883, doubling the payments to boats, i. e., making the bounty $5 7)er
|uii,boat fiaherman, and that, so far as I am informed, is the amount now paid. The
ItMtmast have not less than 14 feet keel to entitle her to the bounty.

Under foregoing provlsiouB there was paid in 1873 —

;e of vessels, 27,611 ton, 786 vessels $54,975 50

of 11,225 boats 117,309 97

172,285 47

85t

AMEBICAN MSIIERY INTERESTS.

Toinl annual ta/ui o/ Dominion Jlslmiet and avwunt of $ame imported into Cmldl ^H ^'''•^'""'^'' ^'

Years.

1872.

1H7I

1675.

1H7U

1877.

1878

Total
product.

|7, ft.12, 2(10
10, 7S4, BOri
10,811, lll>
10, 751, UOrt
10, ;i47, 8H0
11,147,6110
12, 029, 9.'>7

ImfMrtcd.

|1, 020, 081

1, ;<ou, uoo
i,7o:i, so:i

2, l.W, KiO
I,U4H,11M
1,400,730
a, 252, 400

To»n.

isro.

1880.
1H81.

1882.

18m;i .

1884.

Tolftl ,
prodaol. ""portdl.

$13,215,078 1
18,M'»,2S4
IS, 817, 102
10, 8'.'4, 002
16,,1M8, 103
1V,832,7J1

i,mi,:mI

2. 1:18, UK] I

:!,IHe,4«jI
2,«71,ll3l

5,6M,W7|

1881 ♦17,U172||

Deduct 1872 7!5^J '

Leaving 10,320^

IncreaHO of product, and a n»,\n or$(,013,.')06 in importallnns of flnh litto the ITnUod Rtaton.

Abovo Is cumpllei! from United States ri-portson Commerce and Navigation and fiuni Canadian Got.|
ernment roportH on lldhories.

List of fishing vesselt to which were granted ^'permits to touch and trade" in the diitrid (j^
Barnstable, Mass., during the year 1886.

137 vesaclg.]

Name of vessel.

Louisa A. Oront.'

Arequippa

LottrtUell

HellBnrtlott

Jesaio T. Mathniton . . .

( ieorgie I>. Paine

Mar.v K. Nason

Pearl Nelson

IScbecca R. Nickersou

AllieR Dyer

Kiicephalus

Gertrude

Clara L. Sparks

Minnesota

KastWind

Teresa 1). Baker

Isaac Keene

John A. Hatheson —
Grace F. Littleton....
tiamuelOber

Cfosa«

toiui»8«.

155. 77

71. Q9

06.10

75.62

187. 74

108.19

108. 34

123. 10

130. M

00.48

60.01

72.27

101.47

62. 7<

07.20

87. 23

77.76

154.42

;60.42

07.66

Name of vessel.

Millie Washbnm

Charles F. Atwood ..

Frank O.Rich

Nellie M. Snow

Newell 11. llawos

Chas. R. WashiDgton
Nannio E. Waterman

H. W. Pierce

Hiehland Light

Kddie Uavidaou

Nathan Cleaves

Gertrude Summers ..

Pleiades

Walter L. Rich

Carrie G. Crodhy —

C. A. Sauford

Clara S. Cameron

Tota'.

ftrou {
toimtgeb

Til
69.1
105. 1
04.1
W.I

'M

T9.f

82.1
79.1
64J
»i(
7&I
'0.1
0.1
11)4.1

3^

\ Hit of vessels lioei

List of vessels in the district of Barnstable engaged in the " whale fishery," 1895.

[12 vessels.]

Name.

Aeate

Alcyone

Antarctic .. ..

Baltic

Bloomer

1). A. Small....
Ellen Rigpath.

Class.

Schooner .

...do

...do

...do....,

... do

BrlR

Schooner .

Gross
tonnage.

. 81. 00
92.22

100.60
84.26
73.82

119. 82
66.77

Name-

Gage H.Phillips...
Mary G. Cnrran . . . .

Qnickstep

KisingSnn

Wlllibffl A Grozler.

Total.

Class.

Schooner
...do....
...do....
...do....
...do....

AMERICAN FISHEEY INTERESTS. 865

Uni cftmdt (under liO toni) Ikented iH the dUlrkt of HaniBtablc ainue Janmrji I, 18ti5,

for th« "Jlthing trade."

[48 veaseU.]

Nkine.

iipitn»W.T«tM.

fcwtljaeen

Jnephlne ■

Kirf Williami

Jthooliilrl

Crrie E. Tyler

Lit! I« Jennie

tojliglit -

bind Belle

Onid Boone ■

Itef nee IVarl

InLendall

UttleUeMle

fioderer

IiryJane

G»j Eagle....

Ib^ William*

Stttilm

IriiaTarr

Iioea L. Biightraan .

Pmther

Hilt

I liuiePhilllpa

BirrrMonteil

Wm.'U. David8on...c

Cloaa.

fllnop

Hchiioiier .

Steamer .

Hchooner .
....do

Rloop

Soboonar ,

... «lo

....do

....do....,

....do

....do

Hlnop

Schooner .

....do

....da

....do

....do

Sloop

— do

Rcliooner .

Sloop

Bchooner .

....do

....do

Oroaa
toDiuge.

Ida

8.74

13.83

ll.ftS

0.08

7.58

12.20

10. 25

10.13

IS, 04

10.02

12.10

0.02

&18

6.08

15.84

12.11

0.04

10.60

ia28

12.82

12.90

14.12

0.49

10.40

Name.

Nellie K

Molroae ,

Mala

(/'naalfi

Itivalve

I'outlao

Clytlo

Franklin

Sea Fonn*

lied Kovor

John W. Smart

EUzaA.Wt-st

nenrvCole

Whistler

Lnrlino

ArthurH

Delia

O Thoy Know Me .
"Willium K. I-ewlB .

Amelia Powell

Luther Eldrldse . .

Star v....

Woverly

Clua,

Total.

Sloop .....

...do....

....do....

...do...

Schooner

...do....

,...do....

..do...

...do....

Sloop

Schooner .
...do....,

...do

...do

Sloop

...do

Schooner .

Sloop

Schooner .

Sloop

Schooner .

Sloop

...do

Oroaa
tonnogo.

10.76

11.00

S.86

0.45

laxi
o.en

lt>.8<.
10.07
10.60

0.02
ie.4t

0.42
16.01

0.84

6.11
1&04
10,34
10.27
i&81

0.33
16.24
10.22

7.40

560.01

I Uitofvmeh licensed in the district of Barnstable since January 1, 1885, for the "fishing

trade."

[Hi veaaeh.]

Name.

llic« Raymond

(liiTer Cromwell

iPktlomiuaManta.....

SiDg Cloud
orido

I fillio L. Swift

I Aid Eliza ,

I Irrtie and Uelmar

filUe Irving ,

I B^tle and Lottie ....
I Ciin S.Cameron ....

l('.A,Sanford

I Smtilna

I Cbirlotte Brown ,

I Iiuc Somes

lEfliecoaJ. Evans

Mie T.Campbell...
I Iile Florenco

UlaE. Wilbur

I W A. Upton :

IlitiiLinwood

Iliokalita

Iron Temple

|ll.ltL.Clja8e

[In A. Stetson

IhiH. Pervere

I hrtinde Summers . , . .

IJitiChapiu

I Wfc Davidson

I Jbkie Frank ford

I «iinle E. Waterman .

I "liter L.Rich

Itoie Smith

IJmccB.nmer

IJnkG.Kicb

I JUkan Cleaves ...

I'm A. Kewcomb . . . .

Class.

Orois
tonnage.

Schooner . . . |

....do I

...do

...do I

..00 .

..do.
.do.
..do,
..do.
..do.
.do.
..do.
..do .
..do,
..do,
..do.
..do.
..do.
..do.
..do.
..do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
.do.
-do.
.do.
.do.
.do.
.do.

60.37
63. C7
60.52
50.50
58.20
100.68
58.43
7&42
74.69
101.44
104.46
85.68
40.58
83,61
8C.ei
68.31
78.29
57.58
102. 04
105. 25
58.20
63.90
01.83
52. 59
41.07
65.18
98.31
64.41
36.92
82.08
70.50
7a 76
79.75
77.21
104. 44
105.50
79.93
09.49

Name.

n.W. Pierce

Carrie G. Crosby

Highland Light

Nellie M. Snow

Efflo T.Kemp

Chas. R. Washington.

Cora Morrison

Bdward \lic\i

Ocean Kangcr

Waldron Holmes

A. Lincoln

Gen. Scott

Vandalta

John M. Fisko

Millie Washbnm

East Wind

EllioB. Dyer

KellBartlett

Ereddie W. AUton

LottioBell

LizzleColby

Starr King

Mary E. Mason

Oortrude

ChaDticleor ,

AdaK. Damon

Teresa D. Baker

Isaac Keene

Freeman

Bwu. F. Rich

Arthur Clifford

Spring Bird

G. W. Bentley

Charley F. Mayo ,

Leading Breeze

Ella May

Gracio M. Parker

WilUo A. McKay

Class.

Schooner .
— do .....

...do

...do

...do

...do

...do

...do

...do....,

...do

...do —

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

::t:::::

...do

...do

...do

...do

...do ...•.

Gross
tonnage.

78.91
68. ai
02.84
64.56
62.04
70.04
88.80
74. 0
67.20
60.08
40.76
65.06
62.76
80.76
74.23
07.20
00.48
75.62
80.21
66.10

150.43
63.95

108.84
72.27
60.84
04.22
87.23
77.70
93. 55
08.84
84. 55
80.02

113. IS
82.31
69.51
00.44
8L58

160. 63

m

1 f

1

ii

i

856 AMERICAN FISHERY INTERESTS.

lAet of veateU Uoenecd in the district of Barnaiable tince January I, 18a>-Continuod

Kune.

G jorgie D. Paine

PearfNelBon

NelHoSwift

EUen A.SwIfb

Carrie C. Miles

Florence

Wenonah

William Matheson

•TohnM. Bull

Bacepb^uA

Epinia A.HlgKlns

Carrie "W. Clark

Edith Mclntyre

Hatt'e D. Linnell

EminaF. Chasi^

Lettio S. Hawes

Geneva Mertis

Florine F. N'ckcrson

Leander F. Ooald

Prinoo Leboa

Edwin A.Grozlor

D. "W. Hammond

A. S. & K. Hammoud

Willie Lincoln

Lettie Linwood

6e J. A. Lcland

ifiunioe P. Nowcomb

Ed -a.,! n. Norton

Lizi,:oD. Barker

Nil Deitperandnm

MaryB. Whorf

Addle F.Colo

A'.ceP. HiijKins

Newel B. Hawes

Beivjaroln Olicer

Lizzie Willlamo

Lncio M. Jenkins

Pleiades

Chas. F. Atwood

Maria Webster

Tidal Wave

Willie A. .Towell

Ci-ystnl Wavo

Stowol Sbermnn

Joseph A. Manta

Emma J. Gott

Minnie F. Paine

Luoknow

Freddie Walter

Areqnippa

Winged Arrow.

Loolsa A. Grout

ClMS.

Schooner .

...do

...do

... do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do,....

...do

...dc

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do . —

...do

...do

...do

...do

...do

..tdo

...do

...do

...do

...do

...do

...do

...do

Gross
tonnage.

168. :io
123. 16
134.29
131.02
106.60
63.65
65. U
111.07
86.54
69.91
94.18
130. 46
160.17
84.40
e.>.3C
32. OS
44.04
6.5. 58
70.85
66.30
.15.07
59.40
60.96
24.25
68.29
00.01
108. ei
56.51
75. 0.?
70.87
it4.83
70.80
01.93
80.31
78.00
60.71
?3. 33
82.08
69.82
58.15
53.74
70.63
37.12
02.49
70.26
56.20
29.49
56.53
82.40
71.75
68.85
165.77

Kame.

Ethel Swift

Chas. H. Hodgdon

Sarah R. t»inith

Willie Erdix

M'nnnsota

J. E.Bowly

Saml. Ober

Edich Linwood

Jessie T. Matheson

John Simmons

Franklin Woodruff

Clara L. Sparks

Lottie Byrnes

Benj. F. Crocker

Cora Hay ,.

Klcbard S. Newoomb. . .

MaadB. iVitherell

LeonS SvMft

Emma O. 'Cnrtis

Blondell

Kelteccs K. Nlckerson .

Alice

EUftF.Long

O. M. Hopkins

Lcngtrood

Alicj

GranI.T H. Benson ,

John A. Mathiison

A. Paine

Anna R. Kemp

Frank Bntler,

William H. West

Lizzie W. Matheson . . .

John Somes

Mary Eva

Mary Snow

Grace F. Littleton

Carrie D.Allen

Mary Steele

Ha|!gle Mitchell

Fred and Lhner...'

Che J. McDonald

Zephyr

Grenada

Clyde

Daniel Webster

Maria Webster ,

L.O. Foster

Adeline

Angelia B. Nickerson . . .

Claas.

Total,

Schooner .

...do ....

...do

.. do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

.. do

. ..do

....do

....do

....do

....do

....do

— do

... do

...do

...do

— do

— do

....do ....

....do

....do

...do

....do

....do

...do

— do .....

....do

... do

— do ,

....do

....do

...do

...do

....uu

...do

...do

...do

...do

...do

Steamer....

GroM
tonnt;e.

141. IS

II? 32

(i9«0 i

35.2;

62 76

70.16 j

67.M j

170.74 ,

137.74 j

70,20

130.33

10L47

»7.03 I

73.51 ,

1C5.75J

69.06

107, 99 j

15.5.(10]

64,721

ClfJ

136.551

8&8l|

07,95

73.611

35.74]

89. .54 1

03.191

1,54,431

55,371

163.90]

74,55f

(tlMi

lm.521

65.0^

6L<|

7v.J

m4f

151.6

V9.i

67.5
48.9
5171
28, ul
24.11
53, l|
35,21
43.5
4a 2

Apfsoximate St

Total number oj

Meries, 425.

One huK'lrod ai

ud 23 in other fie

iDNewFD/^vandsl

m only 2C umcke

forty-two vessel

lively on these bai

One hundred au<

tiere exclusively,

, One hundred ani

dock, fresh .^laduoc

shore fishing propel

hening, fresh had(

Tirious ott'shore lis

Forty.four vessel

I lure fished to a lini

iregnbrlyinthefisl:

«tera part of Qei

umed '%ce8 landii

|SnTEMKNTS SU3?-'
EEAU, GloL

I Hukerel catch by the

HS00.i

Litt of vessels cleared for the Britis,i North American Provinces from the district of Ban
stable, since January 1, 1885, to October 1, 1886.

[4 Yossels.l

Name.

Gross t: laage.

ITnlted States vSchooner EUen A. Swift...

United States Schooner Lotta Bell

United States Schooner Lonisa A. Groat.
United States Schooner Willie A. McKay

ToUl

131.1

96.1
155,1
169.1

AMERICAN FISHERY INTERESTS.

857

iPfSOXIMATE STATBUKNT OF VESSEL FISHERIES OF GLOUCESTER DISTRICT IN 1886,
IFrom informati<jD by Capt. S. J. Martin, of the United States Flah Commiwion.]

Total number of vessels belonging to Gloucester district, 511 ; total engaged in the
ijheries, 425.

Onehnn'lrod and twenty -one vessels ent,;aged in mackerel fishery ; 98 exclusively
ind ^ in other fisheries as well ; 86 of these bngaged '.a southern spring fishery, 42
iiiNew Enr^'and shoie fishery . Others will fish, 95 in the Gulf of St. Lawrence, show
inifonly 26 mackerel vessels that did uot enter North Bay.

i'orty-two vessels fsh for cod on Grand aiid Westera Banks, of which 25 fish exclu-
lirely on these banks, and 17 engage in othdr fisheries at other times.
One hundred and sixty-two vessels fish fr»r cod on Georges Bank, of which 131 fish
there exclusively, and 31 engage m other f.sheries at other timea.
One hundred and ten vessels engaged in tho shorn fisheries, including winter had-
dock, fresh haddock, honing, swordfish. &c., of vhicb 46 are engaged exclusively in
diore Ming proper, and 20 in various o.her roast fisheries, including trap, swordfish,
beniog, fresh haddock^ winter haddock, &c. ; the remaining 14 are engaged in the
mious oflfshore fisheries during a portion of the year.

Forty-four vessels are engaged 'jxciusivoly in the halibut f'shery, and 14 others

I lure fished to a limit6d extent for hali'jut during part of the year. Of those engaged

regal:;rly in the fishery, 35 fish on Grand Banks, Quereau, and La Have, 4 fish on the

astern part of Georges, 2 at Greenlaid, and 6 at Iceland ; those at the two last-

ii«med Hcos landing their fish salt.

[lillTEMENTS SU3? 'TTED BY W. A. WiLCOX, ESQ., MANAGER Aj'CKICAN FlSH BU-
REAU, Gloloester, Mass., in Connection wxTn nis Testimony.

[ifwierel catch by the Neto England Jlwts durinfi 1884, as reported to the American Fish

Bureau.

[Freali mackerel not included 1

Porta.

Nortn
Bay
fleet.

Shore
fleet.

Total
number
of sail.

Total
nnmber
of crew.

North

Bay

catch.

Shore
catch.

Total

catch,

insp. bis.

luuchasett.i:

68
8
8
5

112

22

13

U

»t

4

3

1

6

2

170

30

21

16

0

0

6

1

8

2

2

2,770

480

3110

240

80

SO

75

13

90

30

27

15, 299

^30

1,200

435

85

258

172,630

31.570

46, 442

17, 859

4, .'i23

0,612

7,3»5

140

60

187, 929
32,000
47 642

Wellfleet

Boston ■■.•-.•-->■

18 204

South Chatham ..........

4, 623

Hipwlch

2
2

fl, 607

7, 6.">3

Coh«886t

140

Rockport'

2

UO

Plymouth'

Kewburyport'

Total

85

j:82

267

4,237

17, 707

287,231

304, 938

Portland

S

1

3

U

1
1

42
8
6
3
3
2
2
2
2

45

a

8
17
4
3
2
2
2

720

135

125

255

42

46

32

20

30

1,600
60
70

138, 000

22, 916

7,630

139, 600
22, 075

Booth Bay

Sonlhport

7,700

Xorth Haven'

Cunder*

80
140

80

VinalHaven*

85

225

BeerWo"

Eiitport

500

500

S»in'8 Island

Totd

22

70

92

1,404

1,950

1C9, 130

171, 080

TOTAL NEW ENGLAND FLEET.

184

107

03

1

3

252
295
841
295

359

;:58

342

298

6,641
5,43«
6.28b
4,258

in, 657

28, 600

275

470

20,633

456, 361
198,019
•sin. 588
391,187

476,018
226 685

1883

1882

378, 803

1881

391,657
827 300

1885

Grand total

76, 701

1,797,573

,

' Catoh mostly pao'ked at Cloucester.
'Catoii packeu at Boston.

Catoh montly ni»4>k»>d at Portland.
^Catoh iocluaed in that of Portland.

''■' ni.\

858 AMERICAN FISHERY INTERESTS.

Prices of mackerel in Maaaachuaetta the first wee'' in September, from 1830 to 1884.

Tear.

1880.
183t.
1832.
1833.
1834.
183.^.
1836.
1887.
1838.
1630.
1840.
1841,
1842.
1848.
1844.
1845.
1846,
1847,
1848,
1849,
1850
1851
1852
1853.
1854
1865
18S6
1857-
1858
18S9
1800
1801
1802
1863

Ko.l.

$5 00
5 75

5 00

6 72
5 72

7 00
9 00

7 75

11 00

12 50

12 75
1 , ^0

9 JO

10 12
9 50

13 00
9 12

12 75
9 00

12 00
n 12

0 00
9 00

11 5C
15 00
19 00

13 00
15 OO

15 50

14 50

16 00

8 60
8 25

14 00

No. 2.

ft 50
4 75
4 00
4 72
4 72
6 00

8 00
6 SO

9 25
10 60
10 50
10 00

6 00
8 12

7 50

10 60
6 25

8 25

6 00

7 00

8 12

6 50

7 00

9 60
12 25

11 00

8 00

12 50
12 60
12 60

8 50
4 50
6 00
B 25

Na3.

$2 62
2 62
2 75

2 85

3 36

4 00

5 00

4 12

5 60
7 00

6 50
0 00

4 00
6 00

5 60

6 87

3 87

4 26
3 37

3 50

5 00
5 12
R75

7 60

5 00

6 25
6 00

8 50
8 50
8 50

5 00
2 75

4 50

6 69

Year.

1864

1865

1866

1867

1868

1869

1870:

Bay...

Shore .
1871:

Bay...

Shore .
1872:

Bay...

Shore .
1873:

Bay...

Shore .
1874:

Bay...

Shore.
1875:

Bay...

Shore .

1876

1877

1878

1B79

1880

1881

1882

1883

1884

Ko.l.

$3C 00
22 00

22 75
17 00

17 00

23 00

21 50
23 00

10 60

11 25

11 60
14 50

14 75
20 00

15 00

13 25

14 00
10 25

15 UO

16 50
U 00
16 00
14 00
14 00

18 00
20 00
14 00

No. 2.

$20 00
15 00
13 25

12 25

13 00

11 50

n 00
9 75

750
725

9 25
950

12 25
12 26

800
000

1100

10 25
6 75

12 50
800
500
700
600

1100

14 00
10 00

Ko.';

Vi

AMERICAN FISHERY INTERESTS.

859

10 to 1R84.

I '[mtgs "/ viffsels of the United Statea employed m the whule, cod, and mackerel flnheries,

from 1860 to 1883, inclusive.

No. 2. No.'

$20 00
15 00 DT
13 25

12 25 n

13 00

u 'm\

1100

9 75

:50
725

9 25 I

9 50|.

12 25J
12 25

800|
0001

noo'

10 25

6 75
12 50

800
500

7 00
600

1100

14 00

< 10 00

Year ending Jane 30—

Whale
flaheries.

Cod
fisheries

Mackerel
flsheries.

Total.

Ton*.

166,841

145, 734

117, 714

09,228

a, 145

90,616

105, 170

52,384

71,843
70,202
67,954
61,490
S4.608
44. 755
39, 108
38,289
39, 116

89; 700
40,028
88, 408
88,561
82, bOS
32, 414

Ton$.

136,663

137,846

133,601

117,290

103.742

65, 185

61, 642

44,567

Ton*.
26, 111
54. 795
80, 696
51.010
55.499
41.200
40. 589
31. 498

Ton*.
329.605

838,875

.131, 911

267, 537

254,386

£ ;::;;;:::i;i"""i";"" :::..::::"::

106, 010

Mil

201,401

128, 449

IMI

83,887
62, 704
91,460
92,865
97,5J5
109,519
78,290
80,207
87,802
91, 085
86,647
79,885
77,688
76, 137
77,863
95, 038

15!), 230

MM .........••..•.....••.. .....•...••-....t....o........

132,906

159,414

in

154.355

BH —

m

149, 155
151,274

ari

117.398

118.436

a

126,918
131, 678

126, 247

119, 913

115,946

114,688

110.665

127, 462

Koie wiM pro"! ided to replace cod and mackerel flsheries.

860

AMERICAN nSHEKY INTERESTS.
Mackerel catch, 1881 to 1885.

Tear.

Bay.

Total.

1881

Ton*.
480
275
28, GUO
19, 657
20,633

lotu.

1882

391,637
378, .'O

471), OIS
324,36)

1883

1884

1885

Total

75,711

1,797,W

Catch in North Bay, 4} per cent.

Mackerel inspection in Maasaohuaetts from 1809 to 1885, and the total value ofeachmr't

inapeotion from 1830 to I88i. '

Tear.

1800
1810
1811
1812
1813
1814
1815
1816
1817
1818
1810
1820
1821
1822
1823
1824
1825
1826
1827
1828
1828
1830
1831
1832
1838
1834
18o5
1836
1837
1838
1839
1840
1841
1842
1843
1844
1845
1846

Barrels of mackerel
inspected.

Total.

8,225
12,6521
17,401
5,881
3,750}
1,839
16,050}
30, 969
87, 362
46, 348
100, 111
115,641
111,009}
160,294}
145,006
191, 650}
254, 384}
158,740}
190, 304}
237, 324}
225, 977
308, 463}
383, 548
222, 452
222, 932}
252, 879}
194, 800}
174, 410}
138, 157}
110,740}
74, 208}
50,491}
55, 538
75, 643
64,451
86,881}
202, 802}
179, 511i

Total
valae.

$1,119,470

1, 589, 930

797, 795

976, 935

1, 165, 842

1, 030, 560

3.268,388

803, 653

925, 202

719, 204

473, 345

518, 300

493, 979

549,419

634, 502

1,883,669

1,094,585

Year.

1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860
1861
1862
1863
1864
1865
1866
1867
1808
1869
1870
1871
1872
1873
1874
1875
1876
18/7
1878
1879
1880
1881
1882
1883
1884

Barrels of mackerel
inspected.

Total.

251,
800,
208,
242,
829,
198,
133,
135,
211,
214,
168,
131,
99,
235,
194,
260,
306,
274,
250,
231,
210,
180,
234,
318,
269,
181,
185,
2.58,
130,
225,
105,
144,
156,
243,
256,
258,
154,
304,

917}
130|

oao

572

244}

120

240}

240}

558ft

312i

7051

002}

715}

685}

2831

8641

D42|

3,-)7|

314

056}

210|

52l|

4161

956

748}

37M

062i

942}

097|

220}

297|

958|

173}

382

140

938

Tot.ii
value.

$2,-2oO,9JSl
l,858,So0l
l,5«0,l.t|
1,777,5171
2, 349. Sill

HKn

1,207,9;S_

l,313,53i]

2,129,0«(

2.064,!'

2,162,731

1,729,!

1,255,071

2,251,(

l,116,8.i|

l,597,4lf

2,878,7^

5,935,5'i

4,729,8

4, 324, 7!

2,961,91

2,522,13

3,248,3ll

3,744,li

2,233,(

1,948,41

2,i99,C|

2,657,61

1,310, If

1,6,W,3

1,137,'

1,0:14,11

1,474,11
1,601,01

2,741,<
1,782,0

Incnde8 23ve.sa
'inclndesHsftU
Inclndeaisailtl
InclndesiBailt
Fist Grand Bai
,^^d catch at GJ
Latch by smaJl I

AMERICAN FISHERY INTERESTS.

861

I .Yflc England fleet catch of cod and other ground fish landed during If^, aa reported

to the American Fish Bureau.

[Froshfltth fleut and catch not included.]

Ports.

I )LuMrhn3ett8 :

ijloncestor'

Provincetown' ....

B«verly'

I'lymonth

KiDSBton

Kockport*

Soath DartQioath

Kairhaven

Uarblebead

ffellfleot*

Iloston'

Total.

I Kline:

Portland

DoothBay

Backsport

OrlaiMl

Umoino

Soiithport

PdS3 Harbor'

Bremen'

Briatol

Cranberry Isle

Cape Porpoise

Uferlslo

Eaatport'

Ellsworth

friendship'

GcorgetowD'

HarpswoU

Xorlh Haven

I'emaquid'

Port Clyde'

Swan's Island'

Sonthweat Harbor ,

Swlgwick ,

Vinal Haven'

N'cw Harbor'

East Booth Bay

Lnbfr.'

Total.

■d a

136

7

224

20
6

12
6
0
8

74

167
14

195

60
10

35
7
3
5

13
2

30

12
4

11
7
1
4
6
8

85

258

3

o
H

303
85
14
3
2
U
I
2
1
1
1

410

80

16

12

0

6

8

35

g

5
5

14
2

33
3

12
4

11

10
1
4
5
8
2

35

S

o
H

3,666
1,162
145
25
25
79
10
21
12
20
15

6,180

•a 0

228,108
140, 590'
7,500
2,700
2,600
1,525
1,250
1,100
1,200
3,000

389,983

700

132

147

76

90

113

303

95

45

50

84

10

500

42

100

31

85

118

125

30

50

60

24

225

50

35

60

332

8,380

24,000
8,200

16,000
7,700

12,000
7,300

3,050
1,600

3,000
3,800

3,600

2,700

324, 955

1,080

950

4,975
1,056

833, 010

90,000
3,050

700

11,076

425

460

5,000

590

400

10,500

4,000
1,540
8,500
4,500
5,500
1,900
1,200
5,500

10,500

2,000

790

4,200

02,950

172, 241

I

B

o _

o
H

653,063
141,580
8,450
2,700
2,500
6,500
1,250
2,150
1,200
3,000

722,393

114,000

11,250

16,003

7,700

12,000

8,000

11, 076

3,475

2,060

5,000

500

400

13,600

3,800

4,000

1,640

8,500

8,100

5,500

1,000

1,200

6,500

2,700

10,500

2,000

700

4,200

265, 191

TOTAL CATCH OV NEW ENGLAND FLEET.

U8«4
U883
1,1882
1, 1881

298
322
315
268

453
421
377
336

751
740
002
604

8,500
8,601
7,719
6,402

482, 333
678, 736
474,078
355,640

505, 251
482,963
4<!4, 826
410,387

087,584

1,061,606

898,904

775, 027

' Inclndes 23 vessels in the halibut oatoh ; 5 that fished off G reenland, and 4 off Iceland.
'Inclndes 13 sail that caught 10,500 quintals in North Bay.
Indndes 1 sail that fished oft' Greenla "

iland.

*Inclnde!t 1 sail that canght 326 quintals in North Buy.
'Fir.st (Irand Banker from Wellfleet in 27 years.
•Jjold catch at Gloucester.
'Catch by small boats included.

862

AMERICAN FISHERY INTERESTS.

Statistics of the imports of fish and fish-oil for eleven years ending June 30, 1864.

The following table sbowing tbo leading lisb importations bas been prepared f^p<^
the cuatom-bouso returns.

Attention may be called to tbo importation, duty free, of 134,482,9r)0 pouudB of fresh
flsh. Nearly all of this camo from Canada under the treaty of Washington.

The exports have constantly increased in quantity and value, duo, doubtless mi
some degree, to the successfnl participation of the United States in the Intornational I
Fishery Exhibition held in Europe. '

1874.

1876.

1878.

1877.

187a

1879.

I.— FKKB OF UUTY.

Fish, not of American flitfaeriog :
Fresh, of all kinds. . .ponnrls. .

HerrlDK. pickled barrels..

Mackerel, pickled do

Oils-

9, 587, !505
51,423
89,503

16, 308, 709
70,763
77, 479

10,723,216
87,554
76, 631

7,735,081
63, 280
43,060

9, 081, 828

58, 082
102,148

8,432,83s
55,731
101, «

Whale or flsh, not of Ameri-
can flehorios gallons. . .

105, 448

277,739

103, 184

138,708

311,001

182,63

It.— UUTIAUI.B.

Fish, not of Anioricau Usherics ;

Herring barrels..

Mackerel do....

OUb:

Whale and flsh, not of Amer-
ican fisheries gallons . .

31, 128
190

220, 528
1880.

21,681
59

115,084

17,268
7

102,883

14, 873
14

61,882

15,542

m

85,509

18,9!

«i,a

1881.

1882.

1883.

1884.

*roiii.

I.— FREE OF DUTY.

Fish, nut of American fisheries :

Fresh, of all kinds... pounds..

Herring, pickled oarrels. .

Mackerel, pickled do

Oils:

Whalo or flsh, not of Ameri-
can fisheries gallons . .

10, 761, 807
46, 723
112,468

12, 975, 761

64, 811

120, 288

15, 893, 849
76, 130
58,279

15, 860, 390

101, 444

62,062

17,521,419

120, 519

88,216

407, 416

568,660

337,076

3^,473

429, SW

3,»7,l

II.— DUTIABLE.

\

Fish, not of American fisheries:

Herring barrels..

Mackerel do

26,168

30,987
9

146,410

36, 061
164

200,051

48,<)95
11

157,262

31,008

292,1

OUs:

Whale and flsh, not of Amer-
can fisheries gallons . .

92,819

383,319

1,132,:

Sixth Annual Rsport

OF THK

Boston 1

Pish Bur

EAU, January 1, 1881, ■

1

|By W. A

. Wilcox, 8

Bcretary,]

1

/' • REPORT.

After a series of yeara disastrous to life and property with poor and inferior catcU
that sold at ruinous prices, we are pleased to place on record that the seasopjl
closed has been roinarkable for its unusually fine weather for prosecuting tbeim|
try, for the small amount of loss of life and property, for the unprecedented abi
dance of the leading fish in the waters of Massachusetts Bay, as well asof codfishj
the Grand Banks. All these advantages-have continued throngbout tlic fisning f
son and been accompanied with a good steady demand for tlie products aseooa
placed on the market, enabling the producer to at once realize at fair prices, &n^
the same time no large stocks have accnmnlated. l

Of the loss of life and property, 4 vessels with 28 men Lave sailed never to retaj
these with other losses from dories and small boats aggregate 58 men ironi tueenf
New England fleet, against 33 vessels and 266 men the previous year. TheaTei*
loss of life from the Gloucester fleet alone for the past twenty yeai-a up to the p««j
has been 02 men.

AMERICAN FISHERY INTERESTS

863

^gwe have freqnent inquiries aa to the fleet of vossels in the cod fishery, aniouiil.
of catch, &c., we have prepared a table of reports from the nnmeroas New Enclant)
ports. It ^ill ^^ fonnd of interest as showing the number of the larger vessels en -
aged in the catch, and while showing only two-thirds of the total catch, at Icasr
ooe-tbird being caught by small boats fishing on the near home banks and fishiu;;
nonnds, it willgivo some idea of the amount and value of this industry. We thinl<
tbeee figures prove that for the capital employed this industry ranks among the most
important in the country, giving employment to a large number of persons afloat and
onshore, and sni)plying for the masses a cheap and healthful food. As we have neve r
leen any previous records of the codfish fleet, we have no table of comparisons with
former years; the number of vessels from most of the ports is small compared with
reports of years ago, while others have largely increased. The increased facilities
ind manner of the catch with a large increase in small boats has amply made up for
loisesin tonnage. It is generally admitted by dealers and fishermen that more fish
ue caught at tne present time than in any past years. The receipts in Boston, while
ihoning a falling ofl' in some varieties (principally those from the Provinces), in the
iggrogate show the usual average •amount has been received, the Boston market
luviDg been well supplied at all times with every variety of salt-water fish found in
lorthern waters.

Mackerel. — The season opened by the early or southern fleet sailing in March, first
eatch reported by schooner Edward E. Webster, '25,000 fish April 2. The record of
theiieet will be found in the report of the various fleets and shows another finan-
eially disastrous early catch, some of the vessels returning without fish, very few
with profit. We have in previous reports mentioned the injurious eflects of this
liranch of the catch oven when followed at a profit, a largo catch of poor fish injur-
ing the demand later in the season. The past few years fully demonstrates that the
looner this early catch is abandoned the better it will be for all interested. The first
(Mtch in the weirs at Gape Cod April 26 ; first new salt mackerel arrived in Boston
May 10. The market for new stock ranged irom $5 to |6 a barrel, vessels doing only
fairly up to July 1, the fish and fleet being scattered from Cape Cod to Jefi'rey's
Banks. Early in July an unprecedented largo body of mackerel aiipeared in Massa-
(hnsetts Bay, at our very doors. The oldest dealers and fishermen report never hav-
lig Icnown them so plenty. They continued in the Bay until the close of the season
ioDecenilicr, during which time the entire fleet did well, while many of them made
remiirkablo " stocks," as will be seen in the reports of individual vessels. The catch
Its noticeable for the absence of largo and very small fish ; its excellcut quality,
koffever, causing an active desiand for immediate consumption. The catch in the
Sortli Bay and provincial waters by the American fleet was almost an entire failure,
iDinerona vessels returning without a single barrel. Fortunately but a small num-
ber ot vessels visited those waters and, not finding fish, returned in time to secure
tioQgh of the home catch to save them from a disastrous season. The total catch of
inspected barrels by the Massachusetts fleet is the largest since 1874, amounting to
85,986 barrels. This season's catch has been exceeded but ten times since 1804. The
total catch by the New England fleet is 349,674 inspected barrels, a gain over the
wevions year of 99,861 barrels on the Massachusetts catch and total gain of 129,07.5
iHtrels. In addition to our own large catch there has been imported at this port
loin the Provinces 105,730 barrels, against 84,213 the previous year.
Total amount of mackerel received in Boston during 1880 from domestic and foreign
jforte, with home catch, 196,493 inspected barrels,
fftmnjf.— Most of our supply is from the provinces, and yearly since 1876 the catch
iliows a decrease, the imports of 1880 being less than half that of five years ago. This
jiBccounted for by the failure of the leading herring fisheries in provincial waters.
Ibe ciitch off the New England shore was also much less than that of 1879. Even
Mth the reduced supply, prices have ruled low, caused by the abundance of mackerel.
fod/isft.— The Grand and Western Bank fleets from New England ports, numbering
sail, with few exceptions, made but one trip to the Grand Banks ; only ten sail
led in North Bay. All returned in safety with full fares. The Georges and North-
shore fleet, numbering 517 sail of the larger class, have had a fairly prosperous
on, and with the numerous small vessels and boats have amply supplied the in-
sed demand, leaving less than the usual supply on hand at the close of the season.*
iththe late method of packing in neat, clean, attractive packages, has naturally
"wed an increased demand for home use ; this has been of great advantage to the
ncer. Bank fish ruled most of the season at $3.50 to $3.75, Georges and Shores
$4.75 to $5.50 a quintal.
Stk, haddock, and other ground fish vary but little in the amount received from
"previous year, and have met with a good demand, at prices somewhat higher than
1 season.

Wfflon,— Our receipts show a large decrease, caused by a very small catch in pro-
^cial waters. The catch in American waters on the Pacific has been good and

't'i h\

ill -ji

864

AMERICAN FISHERY INTERESTS.

pricen tbere low. The high rates of railroad transportation has prevented bnt sliebt
receipts from that quarter.

Box herring. — About the usual amouut of near 500,000 boxes lias been received and
distributed. This large amount has not al all times fully supplied the demand. The
maufactnre of the small herring, usually used for smoking, has drawn largely from
the supply that would otherwise be boxed. Over 1,000 hands are now employed at
Eastpoi-t, Me., in putting up sardines ; there are a.lso numerous factories at other
points.

Other varieties of fish, it will be seen by the table of monthly receipts, about the us-
nal amount has been received. They preseut no special feature of interest.

United States Fish Commission. — This branch of the Government, but a little older
than the bureau, is steadily and quietly working for the benefit of the fiHbing indus-
try in its various branches.

We wish here to return the thanks of the Boston dealers for the care and luterest
shown in their products at the late Berlin Exhibition. It is a source of grntitication
to all citizens, and more particularly to those engaged in the fish industry, that this
country, frcm taking but littte interest in the industry as compared with otiier nations I
a few years ago, has been acknowledged before the world as at the head, and worthy to
receive the highest award of the exhibit, for which we are indebted, in a large measure,
to the commission. Already good results are shown from the exhibit made by Boston
dealers. Of the field work ot the commission many good results have been accom-
plished ; during the past season the artificial propagation of the various salt water
fish has been successfully carried on, among which for the first time that of the vahi-
able Spanish mackerel is of much importance, its spawning place even heretofore
unknown. When we recall the endless amount of trouble and expeuso as well asj
millions of money paid in the past by treaties and awards to other couutrieo for tho]
privilege of fishing in provincial waters, the value of the thorough knowledge of lish j
I)ropagation will be appreciated, as shown in, the following extract from tho last re- j
port of Prof. Spencer F. Baird, United States Fish Commissioner. " We have at our j
command the means of so improving and increasing the American fisheries as toob-j
viate the necessity in the future of asking a participation in the inshore fisheries of]
the British provinces, and thus enable us to dispense with fishing treaties or fishery!
relations of any kind with the British or other Governments." The last improvement I
that has come under our notice is one that, if it continues to do all that it gives prom- 1
ise of doing, will be of great value to the fisherman and revolutionize the present!
manner of catching ground fish. We allude to the use of gill-nets in cod-tishiuj;. I
As is well known the Norwegians take more than half the number and two-thirds of 1
the total weight of their catch of cod by gill-nets, yet it has been unknown to our I
fisherman until the present month. The Commissioner having provided the Norffayf
net for them to experiment with, Capt. George H. Martin, of Gloucester, has lipcul
using them to good advantage in Ipswich Bay, fishing with two dories, two nets tuaj
dory, nets each 50 fathoms long, 3 fathoms deep, suspended by glass balls or tloatsl
at any required depth. Nets of 10-inch mesh are set the same as herring nets, [mag
set in the morning or during the day, and are hauled the next morning. As yet noi
fish caught except at night, and only the largest cod : the catch for the three firs^
trials, with unfavorable weather was, respectively, 4,000, 6,000, and 7,000 poiindsj
Captain Martin is much pleased with his success, and has ordered new nets. Thes^
nets can be used on the Grand Banks or in 50 fathoms of water, as well as in IpswieU
Bay, where at present used only in 8 to 15 fathoms. We may not be surprised in thi
near future to see the old and much-condemned as well as expensive method of trawl^
ing superseded by the gill-nets introduced by the United States Fish Commissiou.

Foreign exports. — From the early history of the fishing industry this branch ha
been of importance ; of late years it has steadily shown a decline, the leading causi
of which is found in the constantly increasing domestic demand. This year pricej
have ruled low at the West India ports, with small inducements to shippers to increaaj
the business, which is yet of some considerable importance, amounting the past yR''
to 1600,000,

Fresh fish. — Our report and tables of receipts, number of vessels and crew, havm
been confined to salt or cured fish, we wish briefly to call attention to the importanoj
and steady growth of the fresh-fish business. During the past year the market hi
at all times been well supplied with the leading varieties of fresh salt-water fisM
cod and pollock show a small falling oflf in the receipts, haddock a gain, hake alara
increase ; the total amount of the receipts of these fish for the past year is not il
from 30,000,000 pounds. The abundance of mackerel at our doors most j)f the seasof
resulted in the receiving and distribution throughout the country of 75,000 ban
of fresh mackerel. Day after day for weeks from 1,000 to 2,000 barrels was receive!
Notwithstanding this unusually large production, all were used fresh. For the tin
year in the history of the business not a week during the year has passed 1".'*'''
mackerel could be bought at reasonable prices. Salmon were in lighter receipt, yl
the market was well supplied. Other varieties of fish have been of an average catr

rbe aggregate an

I u iutreano over t

Mon J'ish Bur

loiiiiu and past wi

diiiitry were tlirou

1 110 concentration c

ofrations of tho

I pwured. In Jun

spirit for which li

nwiisi'or tlio roqii

1 ».is organized. S

of its foiindtu-. Ftj

j bmn at tlio front

« well as the man

j fill). Ho lias booi

I Kteivcd his kind ](

I iini.

Each year since i

I iiiercf t, for which

j«f tlio coast. At fii

jtirofoniid out its (

iMtliolisheniian to

Jfe'tji, (lull, or other

luporls wo extract 1

Ifaived niMch impoi

lindvaliialilo intores

|«finfonnati(m not e

I lacli department."

To all who have

I'illistatisticsat th(

llliat the record of th

IMcIiiscd.

\l*r}ect.tchcs and "ai

pjooDcr Alice, Capt. H.
■Mooner Edward E. Wei
■IttoonarAliceC. I'd C
filioncrLoiile and Rosa
PftoonerllaryGreenwoo
•ttooDcrKateyiorence
^nerAddiol-'.Cole "

^doner Cora Lee

»0ODerKrankBQtIer.I.'
■wwner Cora Smith
■ittwiicrM.O.Cnrtis.']
■wiier Mary Snow.... .
^onerF.F.Nickerson"
WBcr Dictator...

fooer Morning star..'."
MDerLongwood..
2'^ A H.Whitraore
DMerr/anielMarcv

MofrAbbieFrankfoia
wnerMianfononiah
»«erP.amlE.Smaii:
»aer,Tonn,e Armstron
wier Lizzie T,,„„

^ N.FcampbSu..
»w« Cora Louise...

S.K:

r. 11.^ r-

AMEEICAN FISHERY INTERESTS.

865

rbf agRrof^ato amount of this branch of the business, not fur from |2,000,000. showa
u iiareaHo over the previous year.
notion Fink Bureau. — In closing the sixth annual report we wish to refer to its insti-
iiiijdu and pant worlc. Previous to its organization the only record of the fisliing iii-
iliislry wiTc tlirough the yearly reports of the State in«poctor-genoral of tish, with
nil concentration of daily or weekly reports «)f receipts or information in regard to tlie
oiicratioim of the lleets during the iisliing season, excei)t such as individual firms
uriKiiriHl. Ill June, 1875, the late Mr. Franklin Snow, with the sagacity and public
ipirit for which he was noted, called the dealers together, offering them suitable
rocmsfor the required needs of an association free of rent for a year, and the bureau
wiiAor{;ani/'Od. Since our la^t annual report we have been called to mourn the loss
ofitsl'oundtT. For twenty-eight years he was one of the loaders in the trade, ever
known at the front in good works and numerous institutions for the benefit of others,
Bweil as the many business enterprises of which he was the founder or connected
with. Ho lias boon and long will be missed as well by the humble fisherman that
TKeived his kind look and word as those having large business transactions with

I bim.

Each year since its organization the bureau reports have been fuller and of more
jiiercft, for which wo are largely indebted to our correspondents the entire length
rfllio coast. At first looking with suspicion on its aim and object, they have long
(inco foniul out its object is for the b» .3fit of the fishing industry, its doors ever open
Mtbotisiicriiian to give him the latest information procured as to tlie lociation of the
kts, liili, or other desired information. From many letters in regard to our daily
tepiirts wo extract the following from a producer and dealer in Maine: "We have
kivcd iiiucli important information from your full and able reports of the growing
and viiluablo interest, the production offish, giving to the producer and dealer a lino
of information not elsewhere found, which aids the fisherman, packer, and dealer in
ttcli department."

To all who have helped to make our reports of interest, and kindly furnished us
litb statistics at the close of the year, we return our sincere thanks, with the hope
M tlio record of the coming season business may be more favorable than the ouo
jutddBcd.

?'■ V ^n.i /^ W. A. WILCOX,

)-^ i' ' " 'i.; A, . Secretary.

I, if

llirjj cuick* and "atoolCB" by the mackerel fleet in New Enyland waters, teaaon of 1880.

'•■,11

Ifame.

Quantity.

kbooner Alice, Cant H. B. Joyce, Swan's Island, Me barrels.

■Jiliooner Edward £. Webster, Capt. S. Jacobs, Qloncoater do . .

" lonsr Alice G. Fox, Captain Kowe, Portland

wger Louie and Rosa inspected barrels.

hlwoDer Mary Greenwood do...

' loner Eat« Florence , do...

loner Addio F.Cole do...

mer Cora Lee do...

loner Frank Bntler do...

loner Cora Smith do...

pboiner M. 0. Curtis do...

toner Mary Snow do...

loner F.F. Nickerson do...

onerPictator do...

Mner Morning Star do...

wnerLonEwnod ..........do...

loner A H. Whitmore do...

KierT/aniel Marcy do...

MnerR. J. Evans do...

Mner Abbio tYankford do...

loner Miantonomah do...

wnerP. ttndE. Small do...

mer Jennie Armstrong do...

mer Lizzie Thompson do

toner N. F. Campbell do..

«er Cora Louise do..

3,700
3,009

2,709
1,700
2,500
1,000
1,875
2,036
2, 150
2, 000
1,352
2, 3.50
1, 652
1,527
1,700
1,750
1,900
1,645
1,700
1,400
1,433
1, .575
1,500
1,306
1,700

Value

$19, 548 75

19,405 00

13, 432 00

12, 402 00

11,035 00

11,000 00

10, 500 00

10,250 00

11,000 00

10, 000 00

10, 000 00

0,281 00

9, 730 00

9, 213 00

9. 087 00

0, 000 00

9, 000 00

9, 000 00

8, .500 00

8, 300 00

8,000 00

7, 008 00

7, 800 00

7,500 00

6, 715 00

6,500 00

^■V,x. 11. -i.

B. S. SNOW, President.
HENRY S. POTTER, Treasurer.
W. A. WILCOX, Secretary.
T. A. RICH,
L. PICKERT,
N. P. BEAMAN,

Executive Committee.

866

AMERICAN FISHERY INTERESTS.
Fi$h received by Boston dealeri, 1870 to Ir^l.

nth.

Mackerel .barrels.

Mookorul, Boston fleet

IIuiTiuK barrels.

Alcwlvos do . . .

Salmon .do...

Tront do...

nerrinK, smoked boxes.

Bloaters, smoked do . .

Cod quintals.

XXcftKn •*■■••■■••••■•••■• ••■••■UU- ■ ■

Hatldock do...

Pollock do...

Cask do...

Snad barrels.

Boneless flsb boxes.

1876.

2i

82,935

80,884

17,009

010

266.906

10, 824

111,090

16,fl04

3, i)V.

1,288

2,471

11

7,029

If
si

43,6 m

70,' 2M

0, 20U

2, 720

150

05,180

1877.

11

7,818
1.118
1, 240
2, 267

641

162,931

93,800
7, 173
2,720

332, 080

10, 824

110,508

17, 622

4, 2(11

8,555

2.471

652

7,029|

529
459
851
620

282,

IH,

120,

SO,

4,

4,

2,

062
4S)5
14U
140
916
241
201

7,138

I-
■3 9

86, 356?

68,097

1,252

6,086

834

180, 931

20, 5U0

14, 723

6, 309

3,3C3

330

893

1.1

142, 344

77,
8,
6.

402,

18,

140,

44,

II.

7,

2,

7.

1878.

u

948 22,
878i 4.
086....
834....
993 214,
4It.'> 17,
049 174,
872i 4.^,
22:.i 9,

88178,1
4.J8'...
81U
014

3,

715 171,

tf.'n ....

024i 9,
700: 10,

604
62ll
803 .
1381

083i

01)1!
9171.

3,013'

™^1«,028

3OuiJ5,ll0
117| 7,m

203 20J

MS 30(1, M I

• i7.6a|

0141KI,a|
IW3, M,(!r}|
08.3 11, ,163 1
:^47 4, 841 1
!,>17|
l,19l|
3,01i|

i,m

Fish.

Maclverel barrels.

Mackerel, Boston fleet

Ilerrinf; barrels.

Alewivcs do...

Halmon • do...

Trout do...

Ilerring, smoked boxes.

Bloaters, smoked > do..

Cod quintals.

Hake do...

Haddock do...

FoUook do...

Cask do...

8bad barrels.

Boneless fish boxes.

^i

V

&'

33, 818

49,413

20, 146

795

145

'29i,"473'

23,077

123, 012

27, 069

9,155

1,589

2, 059

6,915^

1879.

o o

84, 213^

30, 608

5,727

6,808

1,437

168,870

21, 089
6,610

922
3,437

212
3,042

^

167, 444

56,8)4

6,622

6,013

1,437

460,849

23,077
150,901

83, 079

10, 077
5,035
2,271
8.042
6,915

"So.
§■3

86,761

54, 002

26. 492

1,351

500

262,482

20, 603

124, 338

32, 222

9,172

1,S!3

l,36i2

9,646

1880.

105,730

29,310

5,082

2,332

608

181,115

39, 151

8,810

97«

2, 702

187

1,975

54

55, f

7,u

2,8
443, s

20, fl
1«3,4|
41,0
I0,14|

4,:

1,!

1,»

9, 7 J

187«.

u

i", 8101 i'V^iniw. 110
1.0V4 a, in ",mi

3>t8 3,1K«|

.. 203 20J|

4,716171, 5083i«,Jal

T,63 17.631

A Ki 9,0341Kl,fal
i:.,700: 10,il73>50,Ql
0,083; l,ti8;i 11,3(91

2,m)il 2,':«i ■»,»«1

2,017, i,»lli

....I 1,192! llOll

3,015' ; »,01»I

1880.

•SI

i
s
b

105,730

'mImo

5,082 1
2,332
698
181,115!

8,810i
970 \

2,762'
187 I

1,975

AMERICAN FISHERY INTEREbTS. 807

Ifew England fleet oaloh of oodfish, as reported to (he BoittoH F't»h Bureau (1880).

Ports.

CloiicesttT

i'rovliiietown

Deniii'i""'''

South (Jliatbam .. .

Hyannls

Itekport

Fairliavnn

South Diirtmonth

Ntwburyport

Beverly

I'Kmoiith

KiaRnton

llarwick

Total.

[jtwllanipshim:
I'ortamuulh ..

I Urn :

rnrtlanil

BmithUay

Sonthport

Srilgwlok

Dcorlnlo

BnokHpui't

aiai»'

.Vnrlh Iluveii'.
iJeoriiolowu' . .

kmoine

llrlaud

Uancock

S«an'a Inliinil .
Vinal Haven* .

HarpswelH

Eastport

Bremen

Total.

Total New EnKland
fleet

o
'A

•:a

10

109
43

a a

o 8
'A

175
4
2

n

2

e
1

10 I IGO

23

11

11

1

8

1

100

10

20

B

12
10

4

25

14

12

4

83 I 100

10 253 315

I

13

-a

«^

o
H

200
67
2
6
2
8
2
1
1

10
S
1
1

e

-a
•s

H

3,040

704

2U

er

20
83
21
10
17
'08
S5
14
15

370 1 4,185

H

120

43

11

11

1

2

0

4

18

10

4

0

4

4

25

14

18

8

180

S7D

300

154

157

12

10

75

41

130

60

48

67

49

20

176

116

108

oe

1,767

Qtiinfab.

10, 200

10,200

6,068

10,200

QuintaXt.

110,375

66,200

1,000

1,62?

900

1,260

0,060
6,000
1,800

w * a

III

Quintal:

24H, 525

1,075

05U

I,. JO

450

2,0UI

1,000

600

201,000
6,800

400
258, 250

6,000

26.000
9,000

16.400
1,000

0,000
1,2,50
6,000

0,100
0,300
6,100

5,100
6,780

03,600

8,000

000

4,3.'W
5,000
1,038

1,000

0.100

10,648

21,000

1,400

71,980

300,090

335, '.'30

J..

QuinlaU.

■304,900

77, 375

9.50

2,500

4.50

3,575

2.800

1,250

«l,000

0, 550

5,U00

1,300

400

471,000

10,800

' 8,275,000 pounds halibut ; firveral fares sold at other ports.
' Only flnhinK veancl from the Unito<I Slates on Labrador coast.
' Six fares not iuuludod ; landed at otiier ports.
* Shore catch includes all firotind flnh.
' 20,000 quintals hako, 0,100 quintals cod.

34,000

»0,000

15,4U0

1,000

000

0,600

5,000

10, 000

1,038

6,100

6, .300

5,100

1,000

0,150

10,548

»20, 100

7,180

105,670

647.426

';^'*i

8G8

AMERICAN IIHHEUY INTEliESTS.

New EnglaH.l catch of mackerel; amount of innpealM- harrdu parked at home porli ain-i
portal to the Honlon Fink Itureau (IHHO).

PorU.

1

&

1

5

1

•9

a

-J

^J

'J

31
7

ei

5

a
ft
ft

4
ft

1
e
1

a

£

'"o
ft
a

34

s

""a
1

"■jo"

•8
JH

g1

'a

30
7
0

10
110

11
2

n

7

7

31

ii*

1

ftao

100
87

mo

1,«60

•HO

80

110

oa
iflft

490

4

i

&

i
s«

tlarrrli.

2. 1.'.8
300

••
a .

c "

u
1

__!_

iJorr I».

OOfl

1,(HH)

4<I0

2,0.>4

1,000

... ...

205

TiUO

t4
Mr

lSOHt4)|l'

liarrtU.

fti.«r.4

ft, H.'<0
0,230

7. not

124,477

IJ, 818

BOO

738

7«0

4. HO:t

28, 707

244, 4S0

Barrrli.

MM

8.15

i;i,«.i

dlhUKHt^t .■■••.*■•• .*•.

15

2,180

JlrtiwUh

11 villi 11 in

4

1

Kotikiiurt* .........

SO

l*i'Oviiu'«(<>wii

WelWloet

e

30

ToUil

»2

1-JO

81

230

SO
6
3
4
10
10
1
ft

3,408

4,817

0,710

Maliin :

I'ortland*

so
1
a

2

12

2

'""ft

""ft

4
6
1

730
00
30
ftO

asft

145
IS

70

2,484

73,033

""'i,'4o6

7fl,U
1 4']

North Haven"

Caiiitleii

1,421

Ml

DrorUlti' .'.

Himtli Ilav*

8,800

700

i 01

Hwiid'h IhIiiuiI'

3

... .....

8o(l)£wlck^

SoutlipiU't*

0,100

.1,11

Total

2

75

18

05

1,380

2, 484

81,751

2, 100

M

Now TlampHliiro:

4

4

8

110

1

i

6.750

BOO

7,3

Total Nuw Knglaod
tloot

34

20S

103

342

4,088

7,301

i
332,054 i 0.419

319.1

■

• Vessels partly packed awa.v from lionn'.
' Veg.stil.s all jinckod away from lionii'.
•Many of timm ])acki'!d away from |liome.

* 1,240 baiTuls packo<l away from borne.

■ Several vessels packed In a<1dittoB to home fleet.

* IneluileH .)tlier tlian lionio fleet.
' 11,855 barrels packed at other ports.

• 0.2(iO barrels packed at other ports.
'Many vossols in addition to koine fleet included.

The Shore fleet mentioned above are only the vessels that flshud nowliere olito ; to which miivl
adde<l the Southern and North Bay fleets, after they returned from their uneucoosHt'ul cruino in tu4
waters, making the total shore fleet 3ii sail

AMERICAN FISHERY INTERESTS. 801)

RectiptM o/fiah bg Ho$toH deaUft from foreign and domeatlo porta, 1880.

January.

February.

March.

April.

May.

June.

Fisb.

i

H

117

3,815

"■79

4,6i3

5. 4X5

10. 402

ll.->2

7h;i

50

1

1

a, 570

1, 031

774

5

70
12, SOU

o'flJl

"isi

1

&

1

ft

1

1

I

1

1

1

n

i

1

178

i

n

1.079

i

!

)l«-ki.|fll .. barrels..
Vukirrl, ItoHton lluet,
iDiiwcli'il buriuls.

Hftriiitf Imrrels

^IfwiveH do...

k,Uiiii| .... ib> . .

700

8,047

• 331

2.012

184

•138

945

6.2<3

841

107

70

i.'lKHI

;i, 400

H, 578

1,271

031

1,007
44.')

17. 430

' '375

1
3, 300 030
1

1,844

' ir>6

448

650

■"485

433
208

118
440

70 .

7(^'

Tniiil 'lo

BrtiiniiK (Hiiiokrd) hxs..
Iliini(tiii(Hiiitik<'d) do ..

C«i qilllilals..

Ue <l'»

IWIwk do .

Wlofk do

laili lie...

1 1

7,600

18,'084

12. 120
3, 208
8, l)l'3
2. .ITO

8. 000 20. 278 25. 5tll'

4.403

26, 333

60

4,4tr 314
I O.'iO n4H

:i, 078

38i

9.643
2.001
710
005
i:iu
288

3,004

474

a'i7,

30
615

228

so

...

150
150

|llMlrMfl^ll llOXOS..

Ilui liurrols .

712

743

6c8

35 r

1

1

FUli.

July.

AnRnat.

September.

October.

KoTeuber.

Deoemlier.

a
W

1

1
8,222

1

a.

V

a
1

I

I

n

^11

I

1

C

I
it

1

2,425

i.

•I

1
I

1

d

I

t

}

Mfrcl barrels..

Kiekriel, il(>8(oii flent,

iii»|)((t<Ml barn-lH.

EfrriDK barrels..

iltwivcs I.o . .

Siliwiii do .

Iroiii do

HtmiiB, Biiiokod. boxes..
Bkntcni, mucked ..do —

Cod quintals..

flik« „..do ..

H»ldwk do ...

MWk do ..

CiJsk do....

Mess tub boxes..

Sud burrolH..

1
4,160

10.158

14, 8OI1 9, 412

19, 713

1
4,034

30,038

11.632

1
1,701 6.206

. ...i

037
61

70

23,330

o.'spt

1,02«

051

23

10(1

33(1

2,144
774

, 78

3,483 209

1 0*M; 10
1 501 ' 7(1

6,687

48

123

6.'46f.

6.'45i
1.501
3.T4
272
150
54
SO!

7,370

{ 384
20.074
1 9. .WO
2.480
IU5
'• 575

10. 257

510

1.041

'fl.437

'5,"684

1.8.14

VA

310

15

617

3,->0
70

42.'47i
3. 31(1

1 9.014
2.021!
1. 01'.

m

341

64r

2.088
023
413

rM

18,120

...

3, 247

2,214

00

00:1

7,687

"70

20,' .192

1 4.711

10, 061

1,880

529

30

\
1,875
148
348

iVsoi

"4. Tie

2(1

! 474

;

i

244

i4,'466

i6,'2i2

4, (Ml

01 B

O.^

80

27C

1 ...
27,21.'-

'7.' 384

1, un

'■'81(1
2.-

!

20, 830

7." .523
4,717
5H.S
27r
107
504

48

"014
2.450

1

; 2,002

2,490

i 1

Fish.

Total
home.

Tot>.
forcig

1
n.

30

Grand
total.

X«ckm>l

b

arrels.
.do...

do...
.do...
.do...

do . .

30.701

. 54.002

20,492

1, 351

500

105.7

196,493

jJKkerel, Boston fleet, li
Hntiiij;

ispecU

>d

' '29.'3i6'

6. (382

2, 332

098

181.115

55, 802

ikwives

7.033

Wmon

2.892

Ttout

008

'wDf, smokwl

boxes.

.do ..

intala.

.do...

.do...

do...

do...

boxes.

arrels.

. 202,482

20.603

. 124.338

32, 222

9, 172

1, 523

1,302

9.046

443, .-597

•™tft», smoked

20.003

w ....

-. an

39,451

9.HI0

970

2.702

187

54

1.075

10:1, 789

Hike

42, 0;j2

Bidilwk..

10, 148

Niock ;■.:::;:;■■■

4,285

cwk ;

i,r>4»

iwl*«sfl»h

9, 700

iti

b

1.075

'^

:<m

870 AMERICAN FISHERY INTERESTS.

Maasachnaetts caich of mackerel for seventy-seven years, 1804-1880.

Seventh AyNOAi

Tear.

Tctal.

1R04
1805
1800
1S07
1808
1809
1810

•8,079

a, o:iG

8,473

10,004

7,738

8,865

13,058

Year.I

1811

n.soo

1812

0,760

1813

3, 8.32

18i4

1,340

1815

10,304

1813

30, 021

X817-

37,482

Total.

Year.

1818
1810
1820
1821

1823
1824

Year.

1825.
1820.
1837.

1828 .

1829 .

leso.

1831.
1832.
1833.
182<.
183d-

1830 ■
1837.
1828.
1830-
1840.
1841 ■
1842-
1)143-
1844
1845 -
184<?-
1847-
1848-
1849-
1850.
18S1 ■
1852-
1853-
1854-
18o5.
1850-
1857-
1858-
185C-

^380-
^861-
1862-
18C3-
1864-
1865-
1866-
18C7.
1868-
1860.
1870-
1871-
1872-
1873.
1874.
1876.
]87«.
1877.
1878.
1870.
1880.

Oaality.

No.l.

29,

«,
81,
63,
54,
47,
70,
28,
54,
80,
48,
50,
31,
37,
22,
19,
23,
29,
32,
28,
128,
149,
104,
20,
60,
88,
9C,
92,
49,
30,
29,
89,
91,
7.").
51,
58,
70,
81,
07,
103,
153,
I'M,
122,

m,

71,
66,

105,
71.
83,

112,
33,
30,
18,
14,
9,

687
409

;i57

235
184
S02
198
678
559
434
217
311
306
968
191
350
747
303
759
843
086
338
150
459
300
401
763
617
UIO
095
487
032
017
347
330
828
877
902
985
383
723
322
308
092
914
046
187
867
687
071
100
839
015
094
025

No. 2.

109, 840

80, 684

■00,341

110,600

100,471

104, 560

171,206

07,220

98, 025

93, 653

57,271

60, 558

61, 027

28, MS

22,037

11, 049

10. 241
22, 490
13,088
22, 515

85, ems

73,403
70,007
88, 406
94, 847
44,909
102, 407
73, 793
21,583

40. 242
91,025
76, 81C
49, 77ri
21,929
12,160

122, 837

100, 280

78, 388

1,36, 075

137, 746

63, 562

36, 318

;u, 038

42, 202

92,019

189, 422

85, 887

54,317

63, 888

71,422

19, 275

90,778

37, 208

48, 170

94,114

No. 3.

114,904
35, 657
39, 612
6'l, 432
65, 222

:56, 024

142, i64
90,554
60, 442
78, 897
91,923
60,187
52, 558
44,184
.30, 015
20,091
21,149
23, 684
18,604
34, 823
88, 520
65, 620
71, 760

108, 176
67, 709
87, 604

13.7, 597
47,n«;0
ou, 987
55, 133
9,000
47, 088
49, 962
32, 333
22, 207
59, !)78
22, 485

100, Oil

102, 001
32, 212
35, 260
44,481
41,948
44, 077
6,-., 717
63, 019
68,322
55, 603
37,795
73, 960
73, J75
03, 481
37, 700
70, 170
54,806

■ Mostly 2'ii and S's.

No. 4.

21, aw

614

.3,104

19,843

3,378

1,338

178

724

1,»»2

4,148

3,460

6)3

562

280

14

224

26»

418

02

3, r,49

32

;t8
iir.

3C«

"4,'20l"

4,818

12,094

11,765

352

Total.

Of the numerous ia
|iP.<it, ai'.d possessea i
llienlarly CDgaged in i
IjgiT, particularly the
Ibving been destroyo*
liliiiDilaDCo of fish in
l&iope. The Pilgrims
IrfKiDg James to ^^he
jiijsef" the brief repl
I 'So God have my soul
liiqaest was granted.
Ifom starvation ; that
liberies; that the Gov
liiportant services renc
Inll known. With th<
Ibr^e deets engaged ii
liliich tisb products foi
Itas carried on in its pi
j Of late years many i
ISiefisberies. A largo i
Ik ve?9el8. The busii
Ititiness (with the exec
I Although fewer port
ItiiiDes of importance, w:
■to,

_ The many new ways i

la J large number of pe

m«m> in the number of

|t!>t any previous time

J Wore turning to the

JKiiitrast the past with t

I In the past, as at the

lUca for all varieties of

" re, in old'-n time, th(

ipcers or from the vess

psuire, and other j

Iwions. Dry fish was 1

WftlM fish were shippt

I'M made in the most p

|bD(l-ljue only being ns

|»g," the latter mode by

"i line attached, the v

dhand-line, r.c "jigg

(annually carried on

pg confined chiefly t(

I Althongh Boston wes

Jfcre was not a single i

Wat year Mr, Ebeuezer

fcLon^' Wharf. For fi

'1830 two other firms

fegroccrs giving it up

Nme, as the business i

[ itoni the first settlou

Tied uD in a retail ma

» market; ice was not

■ Duriuf? the summer (

the winter it was tea

n Mawaehusetts Bay,

pigliboring ports. Dur

JlieanisfroniqapeAnn

«», and carried on fron

"fw above. Theoyetoi

i-m .lujy to Septem

fiLicroaMcd better faci I

«eire,sh-fi8h store was (

T' l»ing the pioneers.

AMERICAN FISHERY INTERESTS.

871

Seventh AiiTiDAL Report of thb Boston Pish Bureau, January, 1888.

NEW ENGLAND FISnERIES.

Of the numeroas indiiLtries of New England that of tlio flsliories is no dc"bt the
|^.<it, a><.(l possessea much of historic and present interest to others than those par-
ItltnUrly engaged in it. At numerous times much has boen written of it yet its his-
Iwj, particularly tlie statistical portion is much broken, many of the old record?
[bring been destroyed, with no copies in existence. As early as 1618 we find the
iiliawlanco of iish in the waters of Massachusetts Bay had attracted attention in
l&iope, The Pilgrims going from Leyden to England in that year to solicit consent
IrfKing James to their going to America, the king inqiitred, " What profit might
jiiisef" the brief reply was drnply "Fishing." To which King James responded,
So God have my soul, 'tis an honest trade ; 'twas the Apostles' own calling." The
jwiaestwas granted. To the fisheries the credit in given of saving the infant colony
\im starvation ; that ..he firsi free schools were suppcirted with an income from the
IWieries; that the Governmen; has always recognized the patriotism, bravery, and
|iii|wrtant services rendered the Navy in time of need h y the fishermen, are all matters
lidl kDOwn. With the growth of the country nearly all the seaport towns had quite
[luge fleets engaged in fishing, with numerous vessels engaged in foreign trade, of
[ihich liHb products formed a large proportion. For many generations the business
jus carried on in its primitive way with no marked change until quite recently.

Of late years many new industries havs sprung up that in size far surpass that of
llbe fisheries. A largo number of ports kave g:ven up th'> bn^iness, others have but
Ihr ve89els. The business is gradually being concentrated to iJ few ports, the export
ItHiness (with the exception of an occasioual cargo) confined to Boston.
I Although fewer porta and smaller fleets are engaged at present the business con-
ItiiDes of importance, with probably as many fish caught at present as at any previous
lire.

I The many new ways of preparing the catch for the market give employment ashore
llDilarge number oi persons, the increased facilities for a catch making good any de-
laeue in the number of vessels, with fully as many persons employed afloat and ashore
liiitaDy previous time with twice as nany snil.

I Before turning to the present it may be of interest to note a few of the changes and
iMtrast the past with the present.

I In the past, as at the present time, Boston was known as the chief port of distribu-
IlioDforall varieties of salt-water fish found in New England or Provincial waters.
Ilere, in old^n time, the fishermen came with their products, selling the same to the
Imcers or from the vesselH and taken inland by teams that came from Vermont, New
|liiDp8uirp, and other parts of the country loaded with grain, pork, and other pro-
prions. Dry fish was handled loose or tied up in bundles, whila mackerel and other
Ipckled fish were shipped in barrels, halves, or quarters. For many years the catch
liuniade in the most primitive P'anner, for cod and other ground fish the hook and
jkd-liue only being used, the mackerel catch was taker, by the gaflf or by "drail-
\" the latter mode by having poles suspended from the side of the vessel, with hook
nine attached, the vessel being under sail or no catch was made ; later the hook
Jhand-Iine, r.c "jigging." With tbese few appliances a large amount of businesa '
ImaDnually carried on, the catch, with the e"ccption of the Grand Bank cod fleet,
liing confined chiefly to the New England coast.

[ Although Boston wes the great point for a market and the distribution of the catch ,
^rewas not a single exclusive wholesale salt-fish store in the city until 1B07. In
i«t year Mr. Ebeuezer Niokerson opened the first store of the kind, it being located
iLong Wharf. For fifteen years this was the only store engaged in the business;
■*1830 two other firms were started. From this commencement the business grew,
•grocers giving it up to those exclusively engaged. New firms started from time
ktime, as the business increased.

[From the first settlement of Boston pp to 1835 the &esh-fish business was only
iried uD in a retail manner by boats lying at the docks, and teams standing about
(market; ice was not used, and the canning of fish had probably not been thought
During]; the summer season the trade was confined to a near-home demand. Dur-
Jthe winter it was teamed inward as far as Albany and Montreal. The catch came
loMaiisachiisetts Bay, and was supplied by +he small fishing vessels from this and
Nghboriug ports. During cold weather, in a frozen state, it was brought to market
Kteams from Qape Ann and ports between. The oyster l)usine88 was ofsmall propor-
Tii and carried on from two small hulks covered in and used for storage below and
"M above. The oysters mostly came from '^apo Cod, never from south of New York,
J'.oni .Iiilr to September no oysters were sold in Boston. As the demand for fresh
kiiicreasi'd better facilities were needed to handle the catch, and the first whole-
'fiwh-tisU store was opened on Long Wharf in 1835, Messrs. Ilolbrook, Smith &
^ lieing the pioneers. Their business was mostly during the winter and spring

872

AMEklCAN FISHERY INTERESTS.

months; through the warm woiithor it was confinod to pickled, dry, or smoked fish ^^1 l^''" '•''to C.ir)t '
lu 1838 this firm removed to Commercial Wharf, being the first firm 8o engaged on ^^H piitatioii of (iih f
that wharf, which, at the present time, is the headquarters of the trade, with tliirtv- ^^M '^' '"*■' I'-'ickot li
five wholesale firms engaged in the immediate vicinity. ^^M am' livwl to see h

Up to 1845 the catch of g'-ound fish was solely by hook and hand lino. About tL;it ^^
year the trawl was first introduced by fishermen that had used or seen them used oii
the coast of Ireland. During 1880 the gill nets wore introduced with good result bv
the United States Fish Commission. At the present time all thr^ e of the luotliodH aiu
used by the market fishermen. In the mackeral catch the purse seine superseded ali
previous methods, and is now almost exclusively used. Its use is said to date from
ISS.*), although it did not come into general use for a number of years.

As wo have previously alluded to the d%crease in the number of vessels oiiga>'cd in
the catch, as not necessarily causing a like decrease m the amount of the ind^ustrv or ^H 0 r I t
of the products, it is of interest to uote, with only one exception, the largest catchof ^H t i annual i

mackerel on record, as inspected in Massachusetts, was in 1851. In that year with ^H ™*'"". "^'"of yeti
the h(.ok and line 329,000 barrels were caught by a Heet of 853 vessels, hai'lin-r fion ^M !l!%h^'"*'''^ '"'*-^
thirty Massachusets ports, with 87 vessels from other States— a total of 91U vissois ^B Xe [•'P^rt by
manned by 9,1)S)3 fishermen. During the past year, with the purse seino, a catch »{ ^H ,m " ""• '*'^°^ th
:K)1,657 barrels was made with a fleet numbering 298 si,,il from Massachusetts Km ^M f ™^)',l"''"y hep
Hampshire, and Maine, with 4,258 fishermen engaged. We do not propose to d'is'Mhs ^H "''""";"'>' receipts
the question as to the benefit or injury to the business by the now modes of eaptmv, ^H /«iijt'w"t "^ « '}''' '^''
only to show that the business is as productive at the present time, with lialf ilin^H reciit^l i fK "'*
number of vessels engaged, as in past years. The tables attached will show that tlm ^H IfrJ^i f r , *'"**
fleets are of no small size at the present time, and the business of no sm.ill importiim >■. ^H riiero ^ ,^"^ P*

The canning of fish of almost every eatable variety hits yearly grown of iinpnrtaiiK'I^H ™.|,, i'' ProbaMy
and is now of large proportion. This branch of the business dates only fioin 1845, iii^H n« fo ** ^'^^'^ ^^ ffroa
which yearthe canning of lobsters and shell-fish began in M ine, for some time the oiily^B iiioHier"'" '^^* ^ '^
State that packed fish in tin cans It has been but a few years since the c, niiing of ibii^B Cloiicest'^'^t '^''z*'^^®'^
began in Boston, yearly increasing in amount. Boneless fish, now well known, aii(i^H(r)«n(i' '''J^l'i pon
neatly packed in packages of from five to thirty pounds each, is found in all thelead^H iGciiide'l"" ^'''•^^ th(
ing grocery stores from the Atlantic to the Pacific. This manner of proparinslisi^H ||jm„„.*i '*^p'"®Sate8
dates back many years with but little attention given to it for a long time. Oflato^H Tlie'nii i ^e'^ ?°
years the demand lirom the fertilizing factories for the refuse left from cutting Icsstn^H lari- but I h'^ ? *'''
ing the cost of preparation, with the cleanly manner of placing on the niarkctam^B jjji„i:y- j"'''J^ from tl
the saving in freight, has made it justly popular with tne trade ; the demand yeurlj^H j|| season Tf ^?*^^^'
increases. Its preparation, with the canning of fish, gives employment to a lar'^B fi.r tim f * ^ "'ghi
mmiber of men and women. H i^'J ^j/, '"■®' »°d fro

It hardly seems possible that au article so universally used as ice was unk-iown t^H J/affoc / "'rf ^^^^^
the fish trade forty jrears ago. At the present time no market fisherman would ' Wn^B 22 ta)ji||j//i, ^^^^'^^ol
of starting on his trip (except iu the winter) without ice any more than without '"''^B god smali ti r* ^*'''
or seine. During 1845 vessels first began carrying ice to sea with them and <luali>ij^l |j,j„ j,j ,Jaf. ^ he first f
to use it in packing fish for shipment j previous to that date its use was consiilsre^Bjeinevco- f ^'^'"'"'•'"
injurious to the fish. At the present time about 20,000,000 pounds are annually "s^^B mackerel "^fin , *^ ^^
by vessels and dealers. Through its use fresh fish are now shipped at all Hcasniis(^HumA,i..f„' • , '^^^rels (
tlie year as far inland as Chicago. ■je"ron An"l or"' ^'^

As far back as we find any record of the fishing business, we find the use of netsd^By ^ mil f *^'*'

. some kind in takinjj the catch. In past years those used by the New England lisin'^Bitljost diir'^'* "Om Bar

men were mostly " liome made." During the winter or stormy seaeon the ''slienna^B^jj j, . , "'ff the seae

with wife and family found plenty of work in making nets. Of late years their nj^Bgj^^.^ durin x^®'* Sont

in the various branches of the fisheries has largely increased. They are now lunr^H ^ ^^^ season

all factory-made of a great variety, including the fine flax-thread net of the RJiii^HJ'ai'

fishery, the larger purse seine of the mackerel and menhaden catch, the large (IrMHIi'iie

nets of the Southern fisheries as well as numerous other varieties. ^gwly

Two large factories in this city give employment to some TiOO persons, mostly gir^Hj' just

furnishing most of the seines and nets used on the V/estem lakes and rivers as w^^flXernber.

as the Atlantic coast fisheries, with some demand for export. The first factory ^■'f'olier ...

Boston was started in 1842; from that date unti! 1865 the nets wera all hand-inai^B ^ j. , ''

In the latter year machinery was first introdnci-d in their manufacture in tlii^'''^BlieN«,v p*^'^ ? '•* Nove

and is now almost exclusively used. We have briefly alluded to the various ud^Hjj'j^^^'^nffhind fleet,

branches of the fishing industry. Another branch largely represented in Bostoii^KpffjgAiJ^'^'^^i'Q Massac

that of the Provincial catch sent to the Boston market for sale. Our ^•'''''''''^■i, ffjij'i ^"'samoun

monthly receipts will show the amount of the past year, which is less than tbeav^B^^j 'o noticed, th(

age of late years, caused by the partial failure of their catch. The earliest ''™"^^Ktcli'[|„; '^"'l^'ined gc

the importation of mackerel that wo find is of 7 barrels in 1821. From that dati' "I^K, wit , ^'^^^n off th

1831 only a few hundred barrels were annually import'id. In the latter year, i'^^K,' ,i, ,. '"'""o No. I's, a

increasing up to 1841 to 10,887; from that year until 1849 the records 'vero deBtroj^K ||| J„ f »° record

by fire. In the latter year it had increased to 138,505 barrels; and veailv. fromtta™, "« to $4 for pj

date, from 50,000 to 100,000 )>arrel8 of mackerel, with a large amount of all the "l|^K2'8 s ."? """^^s : J

varieties offish caught iu the Provinces find a ready market in Boston. ^KuIipV er'^i;?']!?''^''' $4.2

^^"«0 §*)..)0, $9, 119^

AMF.RtCAN FISIIERV INTERESTS.

873

The laU) C.ipt. T. J. Jou.'s is oretlitoil with bning one of t,ho first pionoors in tho im-
putation of llsli from Uio Provinces, lieinjj; cugaj^tul as master of the Boston and Hali-
la; mail i)iickct from IbIM until 1814. llo early introduced the importation of tish
am' livwl to see his efforts grow into a hirge and important branch of the business.

Report.— 1881.

Office of Boston Fish Bureau, 176 Atlantic Avenue,

Beaton, January 2, 1882.

Onr l.-vst annual report, showing a more prosperous condition of the fisheries than
f,)r a miinber of years, was closed with the " hope that the record of the coming sea-
son's business may bo more favorable than the one just ended." We are pleased to
open this report by calling attention to the tables attached, which speak for them-
j«>!ve8. and show that the hope then expressed has been fulfilled, and the season of
Wil may justly bo placed on record as the most successful one for years. The statistics
cfinoiitliiy receipts also showqnite an increaseof business by Boston dealers, and that
this market has at all times been well supplied with nearly every vaviety of cured
(salt-water) fish, taken in New England and provincial waters. That this fact is aj)-
jireciatiHl by the trade is evident in the steady gain of business, as shown in the table
of receipts for tho past five years.

There is; probably no industry with like capital and number of peryons engaged that
yearly hLows as great a loss of life and proper) y. \^'^ith no severe gales or storms, the
past season yet shows considerable loss, and this mnst be recorded as the dark side of
tn otherwise prosperous year. The losses, as usual, nearly all fall on the bankers from
Glnncester, that port losing 7 sail, with 43 men, the value of vessels and property
$3,H0O, on which there was insurance of 520,493. The loss of life from other ports
included aggregates a total of 50 men, while the loss of property has been limited to
damaged sails and numerous seine-boats.

The number of sail, catch, and persons employed in the codfish and mackerel fishery
vary but liitle from that of 1880 ; the catch reported by them in the aggregate, as well
; as iudividual vessels, shows a favorable gain. The catch has found a ready market ut
ill seasons, with higher prices than for several years. Much encouragement is felt
for the future, and from all siden we hear of active preparations for the business of
\ki, with some addition to the number of sail, a number of which are new vessels.

Mttclcerel — The catch opened unusually early, schooner Edward E. Webster on March
retaking the first fare, 32,700 mackerel, 800 of which were large, balance medium
1 »Qil small. The first fare of new salt mackerel arrived in Boston May 9, one day earlier
I than in 1880, schooner Roger Williams landing 240 barrels that were caught off tho
I Jersey coast. May 10, schooner J. S. McQuinn arrived with the first fare of fresh
I mackerel, 200 barrels caught southeaot from Sandy Hook. First cargo arrived fresh
juraedato in 1880. May 4 the first catch was made in the weirs at Cape Cod; previous
jyearon April 26. March 25, schooner Lizzie K. Clark was capsized by a squall and
llost, '20 miles from Barnegat ; the crew were saved. This waa the only mackerel ves-
pllnstdnring the season. Although the season opened early the catch up to .Jnn<\
has mostly taken South i.nd sold fresh. The catch of cured mackerel reported at this
loliice during the season, up to November, was &3 follows :

iKay : barrels.. 1,G70

iJone do..-- 38,683

•% do.... 81,748

jiist do 70,424

iepleniber do 71,043

>tober do.... 57,268

Aligl.t catch in November brought the season to an early close, the total catch of
»eN«w England fleet, of 298 sail, being 391,657 barrels, of which 269,495 were packed
tod insi)eutud in Massachusetts, a gain in the Massachusetts inspection of 19,534 barrels
Rrl880. This amount has been exceeded but five times in seventy-eight years.
Ui will be noticed, the catch off the New England coast opened a little later than
M, and continned good all the season, with the exception of 470 barrels the entire
ptch being taken oft" the United States coast. The size and quality were of an aver-
p with more No. I's, and an absence of the very small, or No. 4. The price opened
Kthfl lirstsale recorded being at ^4.50 a barrel for large, $3.75 for medinm, falling
"in Juno to |;4 for packed, or early 3's ; inspected 3'8, 2*8, and I's selling through

jeseasn-i .as follows : July, $3.25, $3.50 for 3'h; $5.25, $5.50 for2'8. August, $3.25, 3*8 ;

Vh. September, $4.25, 3's; $6.50, 2's; $16, I's. October, $6, $8 to $9, $18. No-

inber, SC-SO, $9, $19. December, $7.50, S's ; $9 to $10, 2's ; $20, I's.

m4t

AMERICAN FtStlERY mTEREStS.

The catcli in Provincial wiiters bning a fiiilure, our imports show a failing off of
43,880 barrels. Fortnnatoly very few American vessels visited them, securing only
470 barrels; they returned home in season to make a good record.

Coflfiah, with which we may include the other varieties of ground fish, li.ivo been
of an average catch, both oil" the New England coast as well as the Grand and Western
Baube. The receipts in this market show quite a gain over the past few years. A
steady increased homo demand, with an average export shipment, has hold prices
firm at an advance of $1 to $1.25 a quintal over the previous year. Vessels that went
to the Grand Bunks made long voyages, yet generally returued with full fares, gome
exceptionally largo; of which we notice schooner VVillio McKay, of Provincetown
Vith 3,700 quintals, making a stock of $14,000.

Herring. — The shore catch of herring being nuich less than that of 1880, our domestic
receipts show a decrease, which is made up from the Provinces; the total receipts a
slight gain.

Salmon. — A failure of the catch in provincial waters accounts for Braall receipts.
The decrease having been made up by receipts from California, our receipts showing
a small gain.

Box herring. — Tae receipts, 612, 1 ' boxes, are an iucvease of 108,825 boxes over that
of 1880, and the largest on record. Large as this amount is it has all gone into con-
sumption, and no stock remains on the market.

Other varieties of lish are without special change ; with but few exceptions the re-
ceipts have been in excess of last year.

Fresh fish. — This branch of the fish business of Boston is now of considerable im-
portance, annually handling some 30,000,000 pounds of fresh fish, and duringthopast
year 70,000 barrels of fresh mackerel and 18,000 barrels of frozen herriug. Theoitcli
has been an average one, at nearly all times suppiving a demand from all pario of}
the country, as far west as Chicago, for the numerous varieties of salt-water fish found \
in these waters. The vessels and men engaged in this branch do not appear ia our j
statistics.

Canned fish. — We have previously alluded to this branch of the business, of its com- i
mencement in the country. Until the past few years this market has been supplied |
with large quantities of goods packed at other ports, many of the factories beinj; '
owned here. During the past two years the business of packing has been largely in- j
creased in this city ; during the past season, of fresh mackerel, about .50,000 cases, or
2,200,0.00 1-pound cans, have been packed, and much of the time the demand has not 1
been supplied. This branch of the business, buying and packing several hundred I
barrels a day, when the fish can be procured, is of mucli value to the vessels that give I
their attention to selling ftesh. It is also of value in giving employment to lar^e
numbers of employes in the factories. Nearly all the usual varieties of fish found in j
our markets are now more or less packed in tin cans by our packers, all of whicbaiej
meeting with favor and a constantly increasing demand.

Foreign imports and exports. — Our monthly table of receipts will show that this city j
continues to be a leading market for the fish productions of the Provinces. Duringl
the past year the receipts in most cases show a decrease, caused by the partial failnrel
of the provincial catch. I

Our foreign exports have been of an average amount. As long as the domestic de-J
niand yearly increases the want of large exports to dispose of the catch is not felt,!
as in past years. T

As wo close our report wo wish to return ourthauks to our numerous corresy-andent^
that have, from time to time, furnished us with information, and at the close of tli^
season aided us in giving a complete record of the business by ports. We shall b«
liappy to return the favor and do all in our power to aid the New England fisbinj
industry.

W. A. WILCOX, Secretary.

Urge catches and "»

Schooner Alice, Swan'n 1

Sibooncr Kilward E. Wo

jirbooDi-r Isiiac Rioli, 8w

Schooner Kriiiik liiitl(!r,

Sfb(»iior A. K. Ilerriok,

Schooner Rob(' It I'ottis,

Schooner Rogci Williiiin

SthooDer ]{. J. Evans. 11

Schoonei- LoiiLso and Koh

Schooner Stci tio and Del

Schooner Ueriio IMi-ich, J

SciioontT Elien Dale, Noi

Schooner Oasis, Nortli II

Schooner Coia Sniitli, N«i

[ Schooner Lottie UopkluH

Schooner David Bi'owu, 2

Schooner Dictator, Harw

Scbfiner A. H. Wbitnior

Schooner Miautououiob, I

I Schooner F. M. Loring, (

Schoonei Daniel .J. Marcv

Schooner if ary Sn«w, I'l'c

Schoouor Lhiiii Tlioiiipso

Schooner 0. \V. Jirown, 1

Schooner Alaska, Soutlipc

,><hooner Emma O. (JiirtiH

Schooner American Kiltie

Schooner LongwooU, Prov

Schooner Alice, Uoston

Schooner Eiltlie Pierce, Bii

Schooner ^'epoQRot, Bosto

• 3,G6.5 ha
n.eOObn
n'heHe

* Averac(

Xew England fleet

Ports.

I Huwliuaetw :

lieveily

Chulliam

Soiitli Cliatham..."

llfiniisport

Sonlli Dartmouth.

raiiliaven

Gloueeater....""

Harwich

Kinsaton .""'

Jlarlileliead '..'.

I'rovincptown

flymomli .'

Kocjiport '.".'."

Total .

llfHainpHbiro:
I,. Portsmouth....

|llllll';

Booth Bay....

Biifli«port.!.'*!i ■

o'emen...

C«lai«..

Deer Isle.!

fistport...

(iforgefown '.'.

I'Moock

HarrwolY .".'."

^"rtb Haven. ,

i^iwnijt credited to ^^l, ,
K;y,«««'<'froniothtr
"•"liiittleot included In ni

AMERICAN FISHERY INTERESTS.

STf)

lirgtcalches and ^'utocka" by the mackerel fleet in New England waters— season of 1H81.

Kama of vessel anil liomo port.

Schooner Alii'o, Swnn's THlnnd, Me'

Si booncr Ed wurd E. Webster, Gloucester, Mass'

Schooner I»aac Kiuli, Swan's iHlund, Mo

Schooner Kruiik Biiticr. Uoston

StboonorA. K. Ilerrick, Swnu's Island. Me' ,

Schooner Robert Pettis, Wellfleet, Mass ,

Schooner Roger Wiltianm, Nori b llaveu, Me

Schooner It. J. Evans, Harwicbport, Mass

Schooner Louise and Rosie, ISooth Hay, Mo

Schooner Mi'itie and Uelmur, Soiitb ('liatbani, Mass

Schooner liertii) Pji-roe, Noitb Haven. Me

Sciiooner Eben Dale, Nortb Haven, Me

Schooner Oasis, North Uaven. Mo

Schooner Coi-a Sniitb, North Haven, M

Schooner Lottie Hopkins, Nortli Uavei>, Me

Sthooner David Brown, North Haven, Me

Schooner Dictator, Harwicbport, Mast

Schcner A. H. Whitmore, Deerlsl'.Mo

Schooner Miautouimiob, Newburyport, Moss

I Schooner F. M. Lorin^, Cohasset, Mass

Schooner Daniel J. Marcy, Portsmontb, N. H ,

I Sehoouer Mary Snow, IMoviucetown, Ma.ss

Schooner Lizzie Thompson, Newburyport, Mass

Schooner G. W. Brown, Newburyport, Mass ,

Schooner Alaska, Southport, Mp

Schooner Emma O. Curtis, Prov.. - Mass

Schooner American Kanlc, Proviuv-^ ....„, Mass

Schooner Long wood, ProvinootflWi., Mass

Schooner Alice, Boston

Schooner Eddie Pieroe, Boston

Schooner Neponset, Boston

Barrels
cured.

4, OO.J
4, MO
:», :i70

•J, 000
•J, -.'SO
•J, Mo
2, 450
il, UUO
.•I, ()J8
3,0U5

<2,300

2,460
'.', 07.5
2, poo
1, ()»8
1,1)00
1,602
l,ii50
1,210
1, 2.)5
1, 225
1, 1!)0
1,125
2, 004
2,079
i, 100

' 3,665 barrels pickled, and 1,240 barrels fre.»h; total, 4,905 barrels.

* 1,600 barrels pickled, and 2,000 barrels fresh ; total, 4,600 barrels.
'The Herrlck did not sail until July i'i,

* Averace barrels each.

Aniciunt of
stock.

$28, (i5.- 2:1

20. .■>7o (jO

l,"). .'■.HO '10

]fi. (IIIO (U

i:t, U74 (H)

12.41!) 18

12, 000 00

I'J, (100 00

II,. "m7 IO

]4, ]:iK 00

11,000 Oil

11,500 00

11,000 00

11,000 00

U, 000 00

(i, 000 CO

10,v)."iO 00

10, IM 00

I), 000 Oil

il,40» 00

H, 400 00

7, 825 00

7, 000 00

.1,750 00

6, 083 00

Not reported.

Notrepoiteil.

Not reported.

Not reported.

Not reiMirted.

10, 800 00

4

m

rS

Xew England fleet catch of codfish, as reported to the Boston Fish liureati, 1881.

Ports.

I lusaotiusotis :

Beverly

Chatham

South Chatham...

Ueuniapiirt

Sirath Dartmouth.

Kanhaven

Olouceater

Harwich

Kinsston

Marlilehcwl

Prorincotown

Plymouth

Eockport

Total.

|S(» Hampshire :
I Portsmouth..

Illilll';

Booth Bay ...
BiK'ksport...

Bremen

Calais

Deer We

fjstport

'ieornefown .

Hancock

Harpwcll

Mk Uaven .

ja

o
•A

.a>.

10

10

U 00

O-

'.a o
W-sg

1
1

107
1
8
1
4(<
7

179

1
153

178

15
18

4

2
1

17
10

10
4

3
o
H

13
4
1
2
1
2
260
1
3
1

64
7
8

£

3

o

120
43
10
28
10
20
2,010
10
31
12

021
71
65

O

a >,

— ri

-w
el

o

•9 a

S "

« o

°^ .
sg«

o

i^rinl'n.

»,8J0

800

8."0

10, 300

367

4,254

21

234

27

192

6

80

8

65

3

20

1

6

20

200

10

58

2

25

10

70

9

75

10, 300

000

820

105, 700

4jO

2, 4(iO

1,2'/U

74 jOO

.», 120

1,5U0

263,51)0 274,750

41

'•3 ■
' a I

' js

30

3 ^

o

Quint's,

550
1,000

'" 600

.a

a

a

o
H

1,108
2GG, 100

2,017
3,375

9, 000 5, 000

8,050

6, 820

5,000

800

3,500

4,000

2,000

11,022

1,800

2, 500

,500

24,500

.5, 500

9,700
4,500

QtUnt's.

10,400

1,800

8.J0

000

900

1, 928

431, 800

4.50

2, 400

I, '200

86, 317

6,120

4,875

at

«

a 4)

era

s =

QuinVs.
250
500

108
(• t)

548,640

072

875

14,000

19, 072

. 0, H2fl

6, HOD

3,300

500

28, 000
.5,500
4,000
9, 700
0,500

3,500
'9, 282

2,500

'2?,m

4,000

0,900
4,500

i^Monnt credited to oacli port M tlie amount landed there, vessels from this port landed at other

■pi! ami vessels from othtr ports landed at this 000.

1 Milmt lleot inoladed in number of sail, their oateh, 7,093,400 imands.

m:

87G

AMERICAN FISHERY INTERESTS.

New England fleet catch of codfish, aa reported to the Boston Fish Bureau, 1H81— Cont'd.

Fort*.

Maine— Continaed.

Lamoine

Orlaud

I'nrtland

Swan'H iHlnnd

SouthwoHt Harbor

Sout rli]>ort

Sod wick

Vinal Haven

Total .

Total New Englaud
fleet:

18HI

1880

10
lU

^«
a U

■a M
a 9
« e

111

'A

4

8
20

10
1

73

258

25a

47
4

e

2U

143

330
3t5

V

«

o
H

4

• 8

07

4

«

10

1

2U

210

o

48
Ml

010
20
48

140
12

128

1,014

004 0,402
57U 0,008

t
o
>5

•0 a
E e

■0-9 a
a OS

Qutnt'».
e.uoo

7,874
18,UU0

0,000
1,100

CO Jf

13 MO
u

.9

a

s
s

9
H

Quint'i. Quint't.
«,UI>0
7,874

7H,(H)0
1,0W)
4,3W
0,600
I.IUU

14, 175

00,000
1,()0U
4,350

14,175

bS

Quinti.

400
35,U00

1.3^1

10,300
10, 200

72.750

13!), 037 ;212.a«7i

3.45,340 410,387 ,775,(127
300,090 !335,2;)6 047, 42U

New England catch of mackerel — amount of inspected barrels packed at home ports, m re-
ported to the Boston Fish Bureau, 1681.

Porto.

Massaohngetts :

Jioston

Cohasget

Obatham

Soufb CbatUam.

Dcnnisport

Fairbttvou

Glouoater

Harwich

Newbnr.vport .

Rockport

Provinoetown

Wellflcot
Total . .

Maine :

Booth Bav.

Camden

Deer Isle

Northhavon

Portland

Sonthport ..
Sedwick

Swan's Island
Total

New Hampshire :
Portsmouth -•

Catch of total Now
England fleet:

1881

1880

a e
«^

J3

= ■2

1
60

0
8

33

130

3
1
S
35
8
1

10

67

202
201

o

40
9

73

17

.a

s~

3 a
a "

So
o
H

21

7

5
3
1
IflO
0

4
6

8

30

J

a VI

290
100

75

45

13

,548

140

59

65

120

608

200 2,075

13

3
2
10
36
8
1

12

84

03
92

298
327

186

30

28

120

400

120

15

180

1,177

106

4,2158
4,778

63, 708

8, 013

170

8,940

2,640

220

120, 597

4,388

290
6, 175

30,977

246,184

o

CO

5,011

1,470
000

9,000
5,500

600

22, 981

5«

I-
h3

Barrels.

■09, 009

8,013

170

10, 410

3, .546

220

2129, 037

»9, 888

=290
0,175

31,477

Iiom.irk8.

200,405

14, 250

2,280

500

91,860

5,000

113, 899

8,700

303, 783
332,954

800

223

1,700

2,723

1,700

27, 404
0,419

»15, 059

«2,503

"500

"92, 000

5,000

(')

M, 700

116,702

•5,400

391, 057
349,074

Weir cangbt
1, 530 weir cauglit.

0, 100 barrels lamlet
at Booth Bay ud
ditiuual.

Total catcli, 3,590.
3 sail packvil at lloi

ton.
5 f M packrd at n II

tou.

6,100 of these lamia
bv Harwich sail.

Landed at NeivTnij
anil Pbiladelpbi*
Soiilbern catch.

' Nuraerong vessols from other ports Inclnded.

» Part of the (latfiii landed at Boston and Portland. Amount given paoko.l at home port.

■■" yono pivckod at home port. , . , ,. i

Tho Slioro fleet mentioned above are onlv the vessels that fished nowhere else i to wiiicii raiv j
added tlio Southern and North Bay fleets after they returned from their unsuot^sslul erGisn id mui
waters, making the total shore fleet 298 sail.

AMERICAN FISHERY INTERESTS.

Fink received by Boiton dealers, 1878 to 1881.

877

Flah.

Xickerrl barrels.

MKlien'i, Boston fleet

HtrriiiR barrels.

silmon do...

Iroiit -••- ..do ..

HcrtinjT, snioKea boxes .

BiMtere, smoked do. . .

Cod quintals.

Hako do...

HnUock do...

Pollock do...

Cask do ..

ShJil barrels.

Boneless fish boxes .

1878.

Domnstio
receipts.

31,881

32,458

22, 810

4,014

214,715

17,629

174, 624

45, 7U0

9,683

2,6U1

2,917

3,015

Forei|n>
receiitts.

78, 689

42. 303

3,117

3,00«

203

171,508

9, 034

10, 973

1,683

2,247

1,192

Total.

UVA.

Doroestio
receipts.

i 143, 028

65,110

7,131

3,900

203

386, 223

17, 629

183, 658

56, 673

11,363

4,848

2,917

1,102

3,015

33, 818

40.413

26, 146

795

145

291,473

23. 077

128.912

27. 069

9.155

1.598

2, 059

6,916

Foreign
receipts.

84,213

30, 698

5, 727

5,868

l,4;i7

168, 876

21, 089
6,610

922
8, 4ii7

212
3,042

Total.

167.444

56,844

0.522

6,013

1. 437

460. 340

23. 077
150. 001

33.679

10, 077
5. 035
2,271
3,042
6,915

Fish.

iUckertl barrels.

Maoknrel, Boston fleet

Hming barrels.

ilewivts do...

Silmon do...

Trout do...

Herrins. smoked boxes .

Bloaters, smoked do...

M qnintals.

Hike do...

Ha(l(lo«k do . . .

Pollock do-..

I Cask do...

I Sbail barrels.

Boneless fish boxes.

1880.

Doroestio
receipts.

36.761

54,002

26, 402

1,351

56U

262. 482

20.603

124,338

32,222

9,172

1,623

1,362

0,646

Foreign
receipts.

10.5, 730

29, 310

5,682

2,832

698

118. 115

30, 151

8.810

976

2,762

187

1,975

54

Total.

^ 196. 493

5.5. 802

7.033

2,892

698

443. 597

20, 603

163, 489

41,U32

10, 148

4,285

1,549

1,976

9,700

1881.

Bomestio
receipts.

73,0i58

69,669

12,420

2,184

980

337, 830

29, 619

125, 450

41,021

5.792

1,773

1,469

14,293

Foreign
receipts.

61,850

44,906

8.104

1,997

1,147

274, 592

810

56,853

7,901

1,631

3,020

38

1,152

316

Total.

204.929

56.998

10,288

2.977

1.147

612,412

30, 429
182.802

48,922
7.423
4.703
1,607
1,152

14,606

Maaaaohuaetta catch of mackerel for eeventy-eight yeara — 1804-1881.

Tear.

Total.

Year.

Total.

Tear.

TotaL

not

8,079
8,936
8,473

10,904
7,738
8,865

13,058

1811

17,890

6,750

3,832

1,340

16,394

30,021

37,482

1818

47, 210
105 433

m

1812

1819

m

1813

1820

120, 602
111.009

IWI

1814

1821

isos

1815

1822

150,294
146,006
180, 636

m

1816

1823

IHO

1817

1824

878 AMERICAN FISHERY INTERESTS.

Masaaohuaetta catch of mackerel for aeventy-eight years— 1804-1881— Continued.

Year.

it-

18.; (J

1827.

1828.

1820.

1630.

1831.

1833.

1833.

1834.

1835.

1836.

1837.

1888.

1830.

1840.

1841.

1842.

184;i-

1844.

1845.

1846.

1847.

1848.

1840.

1850.

1851.

1862.

18.53.

1854.

1855.

1856

1857.

1858.

1850.

1860.

1861.

1862.

1663

1864.

1865.

18C6.

1867.

1868.

1860.

1870.

1871.

1872.

1873.

1874.

1875.

1876.

1877.

1878.

1879.

1880.

1881.

Quality.

No.l.

20,
43, ■!
81, E
63,1
64,
47, (
70,1
28, (
54, {
Sa,<
48,:
50,;
81,;

37,1
22,

10,;

23,

20,:

32,;
28, f
128,
140,:
104,1
20, •)
60,
88,^
00,';
02, (
40, (
30, 1
20,
80, (
91, (

75,;
51,;

58, f

70, (
81,
07,1

103, 5
153,';
150,;

122,;

93,

72,1

66, (

105,1

71. (
83, (

112,1
33,1
30, f
18, (
14, (

e,(

20, •!

No. 2.

037

109, 840

490

»(), .584

357

09,341

233

110,666

184

106,471

802

104, 569

108

171,290

678

97, 220

650

08, 925

434

93, 553

217

67, 271

311

60, 5.')8

306

61,027

068

28, 5K8

101

22, 037

350

11,049

747

10,241

363

22,406

750

13,088

843

22, 515

080

8.5, 690

338

73, 403

150

76, 007

459

88, 4011

300

04, 847

401

44, 9(19

763

102, 407

617

73, 793

010

21, 583

095

40, 242

487

91,025

032

76, 819

917

49, 775

347

21,029

330

12, 16.1

828

122, 837

877

100, 286

002

78, 388

085

1.30,075

383

137, 740

723

63, 562

322

36, 318

308

46, 038

092

42, 262

914

92,010

046

189, 422

187

85, 867

867

54,371

687

63,888

071

• 71, 422

106

19, 275

869

96, 778

015

37, 208

004

48, 170

025

91, 114

452

104,484

No. 8.

114,904
3,5, 6.57
39, 612
C3, 423
65, 222
156, 0J4
142, 1(U
06, 5.'>4
69, 442
78, 807
91, 923
60,187
52, 558
44,184
80,015
20, 001
21, 140
23,684
18, 004
34. 823
88, 620
(i.5, ,520
71,700
108, 176
67, 700
.87,604
135, 597
47, 906
30, 987
55, 133
9,000
47, 088
49, 003
32, 333
32, 207
59, 578
22, 485
100, 01 1
102, 601
2.3,212
35, 266
44,481
41, 948
44, 077
6.5,717
63,019
68, 222
55, 603
37, 705
73, OfiO
73, 375
93, 481
37, 700
70, 176
54, 806
109, 550

No. 4.

21,658

614

3,104

19, Ui

3,378

1, 338

178

724

1,992

4,148

3,400

033

,502

280 I

14

224 I

269 ■

418 ■

02 '

3, .549

33 '

:)H '

linl

3GU ;

4,261 I

4,818 I

12,094 '

11,705

352

15, 510 1

Total

l.W,7J0

i!iii,;iiii

2.17, K«

n-p,«77
3o^ 183

.182, Cxi
2:2, (,i2
222. 926
252, f«4
197,411
177, UM
114,»91
llll,7j0
74, ;h
5(1,19(1
.5.1.1:17
75,i>13
GM.5I

2u2,:»j

18)1,261
2.-il,lin

m. 111!
2:11, M I

242,,')72
329,441
217, ,'•+1 !
1:10, 4;iJ '
m.m
):iO,i>Jo i
214,017 j

VMM

244,7u.l

191.281

2lill,ra

3(ii:,94l j

273,3.1,-,

2.i2,"75|

23I,.'IMJ

2111,712]

179,4:i'n

234, 190

SIH.-.M!

2.'i9,41tl

18l,9,-fl4

IS,-,, 7:16 j

2.-1S, ;t.'.ii 1

13(1, 1117 J

22.i,9IS

10i.OI7]

I14,2(l.)l

1.-|.->,297J

249 961 {

2ffii, 195 1

EiOHTn Annual Report of the Boston Fish Bureau, January, 1883.

REPORT.

Office of Boston Fisn Bureau,

Boaton, January 1, 1883.
In presenting our eighth annual report, we take pleasure in once more reporting tli^
fishing industry of New Englandin a more flourishing condition than for many .ycai^.j
The season jnst closed has been a successful and prosperous one to the producer, andf
a steady healthy demand with no failures of note has given the dealers no cause hi
complaint. The leading varieties of fish, with the regularity of the sea.sons, ivppeiima
in large bodies, each giving promise of more than an average catch. An the soa»iii|
advanced, the catch, from numerous causes, fell off much from general oxpectatinnJ
yet meeting the demands of the trade, and holding prices firm all the season. TN
dark side of the business must yearly be noticed. The losses of life and property tliij
past year have been, with the exception of 1876, 1879, the largest for many yearr

ijereoteon vessels a

:o(lori;rouud fUhei

s<h or lives were lo

riuoii than ever be

erfl catch ; Hchoonoi

Murcli 11, and haiilt

([fosd, $;(!), 750, or no

tor the two provioui

The schooner Nellie

Dot (juito ns large ; '

Our table of larg

kvB realized what

The list might bo ex

Many vessels iu tl

lice a t'lsw of them.

toDeii'Miber 4, IQS'i,

ueu shared, $1(1U.11

pounds of cod on the

iVillio JIcKu^y, of Pr(

ji'ugle voyaife.' Man

witli 2o(t,()00 to a0O,0i

Willi tlio success o

islelt in 1 1)0 future o

Witli present aj)iili

ilrailing and hand-lin

creased and many mc

liiisiiit'ss. During th

V«arlymore attentioi

portaiit industries of

fur Ilie products of th

Baird, Commissioner

111(1 practical applicai

States, by which assu;

piay be met. Throng

States Census and Fis

I inowiug the gize au(

liven the (iggregate re

jlb<: interior. On page

pf.Vew York and th

I «ter8 we give the lit

J/ociere/.— The tota

I barrels; of this 258, 71(

I Kceeded but eight tim

I ports in March, more ^

I S.Rowe took the first

I I"l was March 'iSl, 1

previous year, on Ma'

I pounds arrived at Bo

iPbty, and worked no

mU than for a numl

The season's catch is

[to the previous year

■"^ fall catch being iu

ston, was the only v

I ilie returned with S75 1

I The catch by the pro

JlHelarge decrease in tl

I « upward tendency fn

IfMr, soiling uninspecti

ljiiDgmA,^ust $6,19

IH,?U,forNo. rs,2'8,

Iwcausht in October

IWra large, a steady de

limained on hand at th

|2''««'i.'iud 235,340 q
|r"',f"n fares. The oai

AMERICAN FISHERY INTERESTS.

870

jerenteoD vobsoIh and 117 raen have been loat during the year, all of which were in the
:od or urouud tishury, uud uoarly all from the Hiugle port of Qlouceator ; not any ves-
^•hoi'liveii were lost iu the nuiclierol tiuhery. Larger stoclcH have been made the past
ieaMii tlian ever before i^nown. We notice Hpecially only two engaged iu tlie maclc-
ereU'iitiili i Hchooncr Edward E. Webuter, Capt. Soioiuan Jacobs, of Gloucester, sailed
March 11, and hauled up November 1 1, just eight muutlis eugagod ; her catch realized,
mm, $:(l),7uO, or net i$;S4,32i); she carried a crew of 17 men. The stock of this vessel
fortlie two previous years in the mackerel fishery was in 1880, 119,860 ; 1881, $26,950.
Tbeschouiier Nellie N. Howe, of the same port, made a stock the past yeiir nearly if
gotiiiiito as largo ; we regret not haviug the exact amount.

Our tublo of large stocks in the mackerel lishery mention over thirty others who
liive realized what would have been considered small fortunes not many years ago.
Tbe list might be extended to greater length ; sutllce to say all done well.

Many vessels iu the cod and tialibut llsbery also have large records. We only no-
tice a ti)\v of them. Schooner Grace L. Sears, of Gloucester, from December 31, 1881,
to Di'i c'inber 4, 1882, stocked iu tbe halibut tisliery, net, $26,420.81; the crew of 14
men Hliarcd, $9U>.11 each. Schooner H. B. Griffin, of the same port, caught 400,000
ponndu uf cod on the Banks, tlie largest. Mingle fare leported from that i>ort. Schooner
'iViilic McKa.v , of Provincetown, 436,800 pounds of cod lish, stock about 1^19,000 fur a
iiuRle vovage. Many other vessels from the last port arrived home from the Banks
with 2o(l,"()00 to 300,000 pounds of cod each, realizing from $12,000 to $16,000 each.

^Vitli tlio success of the post two seasons it is not surprising that great conlidenco
iaiiiit in the future of the New England tisheries.

With present a]>pliauccs for the catch not as many vessels are needed as in days of

(Irailiiig and hand-line iishing, yet the cod and mackerel fleets have boeu largely in-

I cttatied uiul many more new vessels will be linished in time for the cimiing seitsou's

ksiiR'ss. During the past year, 81 vessels have been Imilt for the fishing fleets.

Yearly more attention appears to be given to the fishing business, as one of the im-

I porUiiit industries of the country, and with the growth aunually the demand increases

[ for the products of the fisherios. The nation is largely indebteil to Prof. Spencer F.

Bsird, Commissioner of United States Fisheries, for both the scientific knowledge

ind practical application of the propagation of the various food fishes of the United

I States, by which assurances .are given that the steady growing demands of the country

nay be mot. Through the reports of bis field ageuts, made in the interest of the United

1 8tatC8 Census and Fish Commission, we, for the first time, have the opportunity of

I kaowiijg the size and importance of the industry. As a matter of interest we have

1 jiven tbe (iggregate reports, which do not include the Gulf States or the large river's of

Ihciiiterior. On pages 30 to 33 will be found the names of the leading fish taken south

of New York and the catch for 1880. As so little is known of the fisheries in those

waters we give the list entire.

Mkerel. — The total catch by the New England fleet amounted to 378,853 inspected
I barrels; of this 258,716 barrels are credited to Massachusetts. This amount has been
j acceded but eight times during the past tifty years. Tlio early fleet sailed from home

ports in March, more vessels going South than for many years. The schooner Nellie
I J.Rowe took the first fare on March 31 ; the fish were of mixed sizes. First catch iu

•Iwas March 22. The first mackerel taken in the weirs at Cape Cod, April 20;
I previous year, on May 4. The first fare of salt mackerel direct from the fishing
I pounds arrived at Boston on May 4; in 1831, May 9. The fish were found quite
I plenty, and worked north slowly ; the vessels that made an early start were more suc-
I tessful than for a number of years.

I The season's catch is noticeable as having been of larger size and poorer quality
Itlian the previous year. As the season advanced the fish di<l not improve as usual,
I tbe fall catch being inferior to that of midsummer. The schooner Yaukee Lass, of
jBoetoD, was the ouTy vessei from the United States that fished iu provincial waters ;
I ike returned with 075 barrels.

The catch by the provincial fishermen was the smallest for years, and accounts for
llhe large decrease in the amount imported at this port. Prices have held firm with
lioupward tendency from the first of the season, and much higher than the previous
Ijrar, selling uninspected in June at $4 ; July, $6 to $7 ; August, $8 to $9 ; inspected
jjdling in August, $6, $9, $12 ; September, $7, $10, $13 : and iu October and later, at $8,
j|ll,?14,for No. I's, 2'8, and 3's. During September the catch rapidly fell off with few
IWioaugbt in October, and the fleet early gave it up. Although the total catch was
Intra large, a steady demand prevented any large accumulation • only a small amount
jimained on hand at the close of the yea^r.

I W/«k.— The total catch of cured fish by the New England fleet was 663,564 quintals
jscodtish, and 235,340 quintals of hake, haddock, pollock, and cusk; total of 898,904
l^twtals. The Grand Bank fleet, with few exceptions, made but one trip, returning
lithfiiU fares. The catch of cod on Georges Banks and ott" the Now England shore
I'M less than the average. Hake have been more plenty than for many years. The
|wre catch of herring was much under the average.

880

AMERICAN FISHERY INTERESTS.

Box herring. — Have bcfln in larcor rocoipt Mian »iiy year that wo havo n rcconl of •
a steady demand hoa oalhul for tlieiu on arrival antf no amount of atocli rumaiiis uii
hand.

Canned fish. — Dnrinfi; tlio past few years tliis comparatively new brancb of the bnsi.
nesH has frrown to lar^o size and importance.

In former years fresh llsh often arrived on the market largely in oxcpsh of tlio dc.
mand, and had to be sold for almoHt nothing or thrown away, often the liittcT. Now
the canners are always ready to take the catch at good prices, thereby uddinj^ tiioii.
sands of dollars to the receipts of the fishermen as well as giving employment to a
large number of hands on shore. As far back as 1B44 fresh fish wor't canneil in Ilo^toii
but only to a very limited extent up to 1880, since which time the anionnt lanned is
only limited by the supply of flsh. The favor which it meets on the nmrkot sppiiks
for itself, when for self-protection Boston firms in taking orders have boon oblij^cd to
adopt the rule on receiving them, only, " subject to the pack," which in turn Is sub-
ject to the abundance of the catch. The packing of American sardines iray date from
Eastport, Me., in 1876, in which year 4,000 cases were packed, mostly quartor cans
packed in oil, 100 cans in a case. Yearly the business has grown until, in 18':Jl,tirtccii
factories at Eastport and three at Lubeo packed 190,000 cases, three-fourths of which
were quarter boxes packed in oil, 100 cans in a case ; one-eighth half cans in muHtard,
r>0 cans in a case ; one-eighth spiced sardines and sea trout. The past season, owini;
to the scarcity of fish, only 125,000 cases were packed, giving employment to 500 inm
and 700 boys and girls in addition to the fishermen engaged iu providing the catch.

The foreign export trade has been smaller than for many years, especially the tradv
with Hayti, severe sickness in that island and the low prices prevailinj; hero fur
coffee and logwood combining to produce this result. The smalluoss of this branch of |
trade, however, has not been felt by the dealers, owing to the unusually largo hoiiiu
demand. Other branches of the trade arc withoitt special note.

During the past year the Boston market has, at nearly all time**, been able to Hn|ipiy i
the country w;tl overy thing in the way of salt-water fish, be it cured, canned, orCrenh,
and, as it is the only city that can do this, it continues to hold its old time prestige ait |
a distributing point, both for domestic and imported flsh. This fact is fully appre-
ciated by the trade, as shown by the large receipts and the small amount of stock oq I
hand at the close of the past year.

The new year opens with a small amount of stock on hand and an improved lluan-l
cial condition of both producer and dealer as the result of the year's business, thus I
giving renewed hope and encouragement to all interested in this important branch of I
the New England industries. We trust the day is far remote when less can bo said J
for its prosperity.

W. A. WILCOX,
Secretarij.

NewEngland fleet, oatoh of cod and other ground fish, landed at home ports, as reported 6i/ (/i«J

Boston Mah Bureau.

^(\r KnijluHil fleet,

Forts.

Ma88acha8otts :

Beverly'

Chatham

South Chatham'...

Fairhaven

Gloucester*

South Harwich . . . .

Kingston ,

Marblebead

Provlncetown*

Plymouth'

Bookport'

South Dartmouth .

Total.

Kew Hampshire :
Fortamonth' .

a

1

1

159
1
1
1

64
2

»8
1

240

ill

.a £?

S S V
3 So

«

6
2
1

125

153

e

-a

o
H

12
6
3
2
284
1
1
1

73
o

7
1

10

3

126
60
30
21
3,442
15
12
18

975
24
75
11

4,804

130

is

Oo
§^

O (

■Sb!

Quintal!,
6,000

900
285,000
1.275
1,226
1,240
101, 870
1,600
1,650
1,212

400, 272

•=1 a.M

0 a
agS
^ o «

001 g)

-Sis

o

Total.

Qiiinialt.

700

1,700

250

900

194, 000

1,065
"2,'30O

200, 915

Quinbill
5,7fl|

1,7

l,i
479, 11«!

1,:

1,!

1,21
102, 4|

3,f
1,2

601,11

2,000 :

> Fart of oat«h, landed at other than homo port.
' Includes North Bay catch, by 14 sail, 9,950 tiuintals.

» Includes Korth Bay catch, by 1 Hale, 350 quintals. , ■

* Halibut fleet included in vessels, ^catch 7,750,685 pounds; amount landed inoludos vessoui
ntJier Dorta.

UixEnghnd mackerel

AMf2UICAN FISHERY INTERESTS.

881

}iet England fleet, catch of cod and other ground fi$h, landed at howe porta, ifo.— Cont'd.

Potto.

Mlilio:

Booth Bay

liuckA|iort,

Brrmou •••'

Calam -

Cnmbf.iTy IhIo

Cipf I'oip"'** ' * ••■

l)f(T l»lo

I'jalport'

Friendalilp

(ioorcetown ,

UaocfK'k

Uar|ii*wi<ll

North Haven

Uniniuo

Orlanrt

Portland*

Pcinaqald"

Siran 'II Island

Southwest Harbor.

Soalhport

Setlitwick

TioalQaven

Total.

Total New Bngland fleet :

1882

1881

V

a
m

4

4

8

20

71

315
2U8

II

§2.

4) w

25

(')

4

2

5

10

20
30
11

10
4

(•)

51

4

11

25

218

377
336

s

o
H

33
6
8
3
6

10

22

30

11

2

10

8

4

8

71

4

11

0

3
25

289

602
604

o
H

204
74
65
20
00
80

500

200
68
25
70
75
48
86

728
75
20
85

132
33

128

Qutn(al«.

7,760

7,3.")0

5,000

800

5!,500

4,000

2,500

6,000

7,350

20,000

2.785

7,250

3,300

73,806

7,719
6,402

474. 078
365,640

o.g,

Quintal*.
13,700

1,800

2,500

6,000

4,500

060

28,000

12,750

6,780

8,000
2,000

102,000

11,700

1,200

4,426

1,000

15,000

221, Oil

424, 826
410, 387

TotaL

21,450
7, 350
0,800
3,»00
6,000

o:>o

30, .%0

12, 750

«, 780

4,000

a 000

f..400

6, 000

7,350

122,000

11.700

1.200

4, 425

8,230

3, .100

15,000

296,717

898,004
775,027

' Part of catoh, landed at other than borne port.

*Catoh of small boats Included.

*150 small sail and br'ts; total men flsblifKi 500.

* Inolndea receipts from vessels of other ports.

'Includes New Harbor, Brown's Core, and Monhogan, 50 small sail.

^mEngland mackerel catoh— amount of inspected barrels packed at home porta, andsouth-
ern catch, as reported to ths Boston Fish Bureau,

Ports.

II
1^

1

g

a

II

H

Total number
of crews.

^

^0

«^

'A"

In'd bbl9.

73, 400

1,480

l.W

G, uni

044

300

107,222

2,075

0

CO

H«8

Xluachumtts :
Boston '

24
2
1

5
5

5'

1

'"""55'
5
2

i'

29
7
1
5
1
1
151
5
4
7
5
2

28

435

105

14

80

58

15

2,825

75

51

80

78

32

475

Barrelf.
9,775
1, 082

Barrtt*.
83 175

Cohasaet'

2 571

Chatham •

150

South Chatham

1,477

8,438

Dennisport '

044

Fairhavi^n » . ...... ,.

1
06

300

'jloucester'

20,000
350

127,222

Harwich'

2,425

Kewburj'port*

2
7
S

1
28

Eookpoit*

100
4,821

160

Provincetown

4,821

Plymoutii*

Vellfleet

28,510

28, 510

Total

167

70

246

8,823

226,032

32,684

258,716

1 Many Tessels packed from othor ports included.

* Many vessels packed away from home ports.

'Weir catoh, 789 barrels cured ; 2,065 barreL fresh ; 43 men.

''All vessels packed away flrom borne port.

g. Ex. 113 — 5a

882

AMERICAN FIPIIERY INTERESTS.

-

New JCnylar

(I mavk

erel cat

i
1

1

rh, .|fl.-

-Conti

iiikmI.

I'orU.

"I

1
a i

f

1-

a S
Wg

fl

u

IlarrtU.

^«5

Now Knmprililrn:

Pol iHlhUUtb' .......

4

7
8

I
8
24
8
1

4

10

i-

3
22

8

17
8

2

n

40

8

1

104

234

HH

28

i:i2

000

118

IS

In'dbbU.
30U

12. sn

"" flIO

8f'.,«'J7

3,538

llairtU.

.«♦

Mninn :

Uciolh Hay'

2,541

200
i:i,704

i;in

1

Nor til 1 la von*.... ■••.••..

llll>.9!l

I'ort laiiil'

Boiitli|Hirt*

SoUuwick'

1

Totol

63

30

88

1,166

103, 312

tO,Su5

IIB.MJ

uw EogUnd

TuUl oatoh uf N
deet:

1882

IWl

223
205
236

119
93
92

342
208
827

6,083
4, 258
4 778

3'.'0, 074
301, '.'.'i3
340, 255

4(1, 180

27,.iU4

9,419

37Mfl

1880

The Suutbern Ueot unltud with the Shore fluet. after the early catch, makin;r the total Sboro M
342 sail.

' AH ve»H('ln packed away froni homo poit.
' Many veHiielH paokiid away from homo portn.
' Many veiwoU packed f^oni olhur ports Ineludud.

Receipts offish by Boston dealers from

foreign and domtslic ports.

Jannary.

February.

March.

April.

May.

Jane. J

Fish.

!

1

<■

1

1
1

1

(2

i

o
H

a

i

«

1

it

t

I
«

n

i

I

B
t

Mackerel barrels. .

Mackerel, Boston Hoot,

ins barrels . .

Herrious :

Pickled do...

699

603

0, 240

100

386

B96

1, u',3

105

800

01

4,'-fl0
81

84

723

1,284

4,855

267

1,403

1,681

6,413

160

1,080

1,642
678

894

1,660

1,430

245

130

379

252
155

14

75
1,022

211

70

406

005

7,50

....

81

Salmon do

-Uwives:

Piokled do

8U

62
354

301

120

1 ?

Smoked do ... .

;i

359

95

20,400

561

7,'747

9,083

056

36,"i5i

1,778

87

30,' 826

80

760

36,309
538

10,' 650

ii'iis

32,'4C2

nerring, emoked, boxes..

3,725

6,758

148

38,195 25,282
4,194 1 SM

77,11

BonoleBH flsli do —

^ftnkAi'oI cannfid do

041

801

l,W

Lobsters. CADDed..do....

256

100

1,712

420
l,ISO

1.3

Snlmon canned ...do ...

Codtiah qnintala. .

Hake .............do....

3,742
1,974

636

6,323
140

21

8,504

450

50

85

"984

3,093

650

4,025

873

7,(195
0,14
431
355
168

3,0

25

60

32
50

200

Cask ............ ..do....

.„

AMERICAN FISHERY INTERESTS.
RectipU o/Jlth hij ItoHton deaUri from /oreiijn aud dom)»tic port$-

883

July.

▲aguat

SeptMBber.

October.

NoTeuber.

t

«o«mber.

FUh.

1

i

t

«

1

.1
t

I
§

6,900

8,027

4

i

1

1

1-

1

3,9««

"sii

t
I

1

2,303
3,223

SI

1

tuUni »>Wii .

VickiTi'l, ItoHtoD fleet,

6,040

2,233

130

2,078

0,020

0,050

»,"o7a

3, 213

"Vn

201
""i53

2,U72

BeriiDgH, nicklwl.. do ,.
nurriniTH I'l'uzeu. do .■

024

3,8U8

25

7,'X)3

188

10, 287

2,081

2,846
400

Uma do ..

ilfwiven, pickiod .do . .
AlpwIfM, HiiioktMl .do . .

Trout ...... do . .

70
005

42

3,050

5C

236

004
1,408

282
87

* 262
312

108

02
2,070

83S

205
8

58
898

1,480

18

103,380

1 118

040
2,017

22,' 650

0,586

87(1

210

^ . . do . .

14
0,650

278
42,212

27,' 066

706

4«,644

50

114

223

4,849

12

29,703
•51
K5I
840

"825

08

42

B(rrlnx'sniok(Hl..bW>^..

11,081

34,780

12,219 3i!,44(

3,«0(

40 1,422
188 t!44
2,700

WK

.",6, ».72
6M0

McKH finli do ..

iKkMfl. ORDDCd.. do ..

504
2,001

13,429

916

4,931

604

'"' 61
7,022

2,818
1,377

'ii

)

8.266
3.492

116
80

206

13, 420

3,710

66

40

242

9I(

13, 80(

7,04'.

43(

19.'

1 . 1 :::.

Wfiih qtlg..

Hiko do ..

Mock do ..

Wlr4 do ..

Cuk7 do ..

6,308

1,740

242

AO

6,378

61

384

032

8,120
8,780

424
17

100

10, 019

2,090

800

4412

89

17,042

2, 922

430

25

26

0,007

4,004

727

374

1 0,788
! 2,238
1 475

11,387

2, 130

125

974

80

16j 59

60 78'

r

260

BBCAPITULA.TION. —1882.

Fiah.

Total
home.

ToUl
foreign.

Grand

lutill.

Uklerel

ba

rrelii...
...do..

. (In

44.180
83,176
10, 678
19,040
2,144
l,i20

37,010?

31,078

7,651

1,600

0,699

763

1,846

1,245

4^'*, 080

C>. 066

197

1,408

34,822

Ixkrrel, BuHtoD fleet, in
RtfiiiicB nickled . .....

spected

163, 977
52 530

HHrinKi, frozen

Uwm

do...

do...

20. 601

3,834

10, 828

703

ile»ifes, pickled

do...

do ..

do...

Iiwt

1,846

ltd

..do...
raxes..
..do...
..do...

20

260,700

30,551

11, 333

0,068

1,014

1,076

916

80, 207

20,626

2,288

0S6

1, .MM

1,271

Mrinc

708, 870

35, 617

■elcMflah

11,530

•Niters, canoed

WffloD. canued

..do...
..do...
. do...
. do...
Dltals..
..do...
..do...

11,076

35,830

1 976

M", canned

""66,'!578"

9,434

1,981

2, 120

104

010

USili

...,_. aui

130,875

39, OSO

Mock

4,200

a«(k .'..

do. .

8,070
1.808

Bk do...

1

884

AMERICAN FISHERY INTERESTS.

Largo catches and atocka hij the New England mackerel fleet off the United State» co<ut~

season jf 1882. ~

Sohooners.

Edwunl E. Webster, Gloucester

Kcllio N. Rowo, Gloucester

I'arl SclinrK, Gloucester

C'ul. J. H. French, Gloucester

.(onn; D. LoDft, Gloucester

IIolcD M. Crosby, Gloucester

Golden Hind, Gloucester

John S. McQuln, Gloucester

Gcorgo Perkins, Gloucester

Nepoiiset, Bosion

W. D. Daisley , ISoston, gross stock

Longwoo I, lioBtuo, gross stock •

Alice, Truro, gross stock

Fiinnio A.Spurling, Portland, gross stock

Elizabeth W. Smith, Portland, gross stock

Titmouse, Portland, gross stock

H. S. Ko wo, Portland, gross stock

II. E. Williard, Portland, gross stock

£. K. Dresser, Portland, gross stock

Eddie Pierce, Portland, gross .'jtock

Louiri and Bosa, Boo' b Bay, gross stock

Charles R. Washington, WelUloet, gross stock

Hertie and Dulniar, South Chatham, gross stock.

John M. Fisk, Provinccto^rn, gross stock

Lizzie Thompson, Newbnryport, gross stock ....

Maud H. Story, liockport, gross stock

Dictator, Harwich, gross stock

Ida C. Si)oiford, Boston, gross stock

Willie K. Parkman, North Haven, Me

Cora E.Smith, North Haven, Me

Bartio Pierce, North Haven, Mo „

SeaFoam, North Haven, Mo

AlicoC. Fox, Uorth Haven, Me

Oasis, North Haven, Me

Hoger Williams, North Haven, Me

Lottie E. Hopkins, North Haveoi Me

El)cn Dale, North Haven, Me

Hcnrv Nickerson, North Haven, Me

David Brown, Jr., North Haven, Me

Fresh.

Barrels.
3,022

1,050
:,025
1,500

VOO
'350

Cured.

Barreli.
2,470
over

2,450

2,009
1,777
1,198
1,475
1, 522
1,008

2.240
1,077
2, 080
1, 2K)
1,000
1,250
1,000
1,200
2, 01.1
1,846
1,800
1,800
1,500
1,500
1,400
1,400
1,200
1,086
1,200

Net stock.

30,1)00.(10
25,000.00 1
20,000.110
18, 500. 00 j
18, 020. 00 j
16, 323. (w
10,03;.,S7]
ll<,S00.00J
15,200.001
l.l.COO.OOj

II, Too. 001
14, Wool

UM-iin

17, 500. (

III, 073.0
11,074.0
14,801.i|
]2,3iai
23, 000.1
16.0a.(
13, 775. 3d
10,464.;

9.541.1

8,00011

8,0(«.l

7,0

7,401.1
14, 100. (
13.J0O.(
11,600.1
11,401) (
iO, 500.1
10, 400. (
10,000.1

tf..ml

l),500.f
8,C00j
7,1

Fish received by Boston dealers, 1878 to 1888.

Slab.

Mackerel bbls.

Mackerel, Boston fleet do.

Herring do..

Alewives do..

Salmon do..

Trout do. .

Herring, smoked boxes.

Dloators, smoked do . .

(;od quintals.

Hake do..

Haddock do..

I'oUock do..

Ousk do..

Shad bbls.

Boneless fish .-. boxes .

1878.

31,881

32,458

22, 810

4,014

214, 715

17,020

174, 624

45, 700

0,083

2,601

2,017

3,016

•- c

78,680

42, .SCO

3,117

3,1»06

203

171, 608

0,034

10.073

1,683

2,247

1,192

o
H

1870.

i-S

B',
^1

jl43, 028

' 65,110

7, 1111

3,006

203

386, 223

17,629

183, 058

50, 673

11,803

4,848

2, 017

1,102

3,015

(33,818

(40, 413

20, 146

705

145

201,473

23,077

128, 012

27, 060

0,155

1,008

2,059

6,016

84, 213

30, 008
a, 727
5,808
1,437

168, 87fi

21,080

0,610

02

3,437

212

8,042

4

I"

O V

0 e

.187, 444

' 60,884
0,52£

o,oi:>

1,437

400, 34P 202,

23,077' 20,

150,001124,

33,679 32,

10,077

6,035

2,271

3,042

6,015

Ai

36,701105,730
54,
20,
1,

■30),

Ou2|

4H 20,310

351 1 5,632

560i 2,332

482118,115i4«
0»3 ■ 3

:m\ 30, i.'ii i<

222 8,810
172! 076
623; 2,762
362 187

1,975

54

0,046

Jfjckcrei

Mackorel, I'uston flei

flwruK

Alfwiven .'.'_\

S.)linoii """

Iroiit .'."."."'

Htning, nnioked .V.V
Woatois, 8moL"'a

M •■

fl,iko '.'.'*■■■

Biuldock

Pollock .'.".'.".""

(.'nsk

Stud ;;;

SooeleMfigh...'

The fishing h

Most of the follov

1 Balletins of tbo U. ;

intendence of Prof.

Browu Goodo , by tl

parll,J. w. Col]

hrucHIngersoi], C(
Prof, D.S. Jordan, J,

It is found that if
JlassacLnsotts in tbc
nets (ilouo in consid.
port-incG, are as foJI(

Cod

Herriug ."."'"

Mackerel

Haddock
lobster..

. however, theme
! Mniowli,at different.
'iXlieirvalne:

, .fffn.Dg fishery (incli
^.'cl-erd fishery ^
Codlisliory...

loI)3fcr lishory"

Motisliory..

Haddock 58he"-V

I w " ■ ■ • I

The statiatica are

M»^grs over canned I

«i ,' *°''' with t J

fame Las always baf

«n«,rerecar^?dm^|

tobii8ine.s.s:ortbeT

f»nodtobel4^34 18L

J"J«werepn?Vp^

jerjiiof (Lesocannerif

»"ged to Portland do

"'^8 iu the British II

tliedbytbcm^'thl

«'rmou, from wbicl'

AMERICAN FISHERY INTERESTS.

Fish received by Boston dealers, 1881-1885J — Continued.

885

VUh.

Mickerel bbls.

Uickord, I'uston fleet do . .

HeiT'uj; do..

.do.

Alewives

Salmon do.

Twut do..

Herriup, smoked boxoB.

llloateis. smolr'u .,. do..

Cffll. qninUils.

Hako do..

Haddock do . .

Mloo.k do..

(,'ask do..

Shall i bbl8..

Boneless fish boxeb.

1881.

1882.

c 73, J53

>dO,6bU'.

12,420

2,184

980

337, 830

29, 019

125, 450

41, C21

5, 702

1,773

1,469

'14,' 293

u2

ii

S3

— p.

<< Pi

•» Oi

*1

o

iS5

*"3
o p

13

H

f^t.

H

01, 850

^204, 920

( 44, 180

J 83, 175

37, 010

|l04,9'

44,906

50, 998

10, 578

41,978

62,550

8,104

10, 2S8

1, 129

9,009

10, 828

' m

2,U77

2,144

1,690

3, 834

1,147

],]4-

.

1,845

1,845

274, 592; 012, 412

259,709

440,080

708, 879

810 30, 429

30,55;

5,006

35, 017

50,852

182, 302

89, 297

50,678

139, 875

7,001

48, 022

29, 025

0,434

39, 059

1, 631

7, 423

2, 288

1,981

4, 269

3, 020

4,793

030

2,120

3,070

38

1,507

l,50t

104

1,698

1,152

1, 152

20

J, 245

1,271

316

14,606

11, 3o3

197

11, 630

The fishing industry of the Atlantio and Pacific coasts and the Great Lakes.

Most of the following notes and all the Btatiuticshave been taken from the advance
Balletins of the U. S. Census Reports for 1880. They weie cwllocted under the super-
intendence of Prof. Spencer F. Boird, U. S. Commissioner of Fi jheries, and Prof. G.
Browu Goodo.by the following special agents: For the Atlantic coast and Lakeij, R.
LEarll, J. W. Collins. A. Howard Clark, Fred. Mather. N. E. Atwood, F. W. True,
Kmc-t lugersoil, Col. Marshall McDonald, W. A. Wilcox; for the Pacific coast, by
Prof. D. S. Jordan, James G. Swan, and Dr. T. H. Bean.

TBS FISHERIES OF MAINK.

It is found that, if the oyster industry be neglected, Maine ranks second only to
Massacbnsotts in the extent and value of her sea fisheries. If the weight of the prod-
DctH iilouo in considered, the six principal species, placed in the order of their im-
portanco, are as follows :

Ponuds.

Cod 50, 004, :J25

Ilerriug 34,095,192

Mackerel 31,C94,4.'>5

Hako „ 24,447,7:10

Haddock 17,728,735

Lobster 14,334,182

''. however, the money value is considered, the relative importance of the species is
wmcwhat different. The following arrangement represents the fisheries according

to their value:

Hening fishery (includincr the sardine industry) $1,043,722

iiackercl fishery , . . . 059, 304

I'odlisliory 050,753

Lobster lishery , 412,076

Hakotishory 278,3;}6

Haddock fishe'-y 225,393

Tlie statistics are intended to represent the fishing interests for 1880. The first
lobsters over canned within the limits of the United States were put up in Eastport,
K 1842, and, with the exception of a limited business in Boston at various times,
Maine has always had a monopoly of the industry for the entire country. In 1880
none^feie earned outside of the State, and the table, therefore, shows the extent of
I'm business lor the United States. The entire lobster catch of Maine for the year is
found to bo 14,234,182 pounds, of which 4,739,898 pounds were sold fresh, and 9,494,284
ponnds were put up by the 23 canneries located w ditteront parts of the Stat a. Sev-
wdof tbeso canneries were owned by Boston capitalists, but the great majority be-
longed to Portland dealers, who, in addition to their homo interests, operated 17 can-
noriPHiu the British Provinces. During the same season, according to the statistics
fnmislicd by them, they bought 10,588,578 pounds of live lobsters from the Provincial
mermen, from which they put up 2,198,024 cans of the various brands.

ft86

AMERICAN FISHERY INTERESTS.

riio Hardino industry is pocnllnrto Main(^.

lu fact, if wo except the menhaden pnt

10 name of " 8ha<Uno8," and " club-fisb "
tlie industry was, up to 1880, contiucd exclusively to the village of Kawtporf. ThoiigL

up in New Jersey several years ago, under the name of "shaiUiios," and "club-fis'b"

experiments were made in the preparation of herring as sardines as early as 18G6, tTie
business did not practically begin till 187.% since wliich time it has grown with re-
markable rapidity. In 18h0, as shown by the tables, it furnished employment to
over 1,C<)0 tisnermcn and factory hands, in addition to 370 fishornion holongliig to Nee-
Brunswick, and the value of the products amounted to nearly $8:i5,00(}.

NKW IIAMPSHIItU.

Portsmouth, the only seaport of the Stave, in former years was quite largely inter-
cptwl in the fisheries, as producer^ as well as having a largo domestic and export
trade. Of lato years, in common with many other of tho oldest settlements, the bnsi-
ness has mostly moved to neighboring ports, and is limited to supplying the near
homo demand for fresh fish.

MASSACHUSETTS.

From the early settlement of the State to the present time has lead all otbora in
rapital, products, and number of employ<S« engaged in the fishing indnstry, 20,117
persons being actively engaged in the unmerous branches ; 5,000 additional are en-
gaged in the mannfacture of nets, lines, fish-boxes, cooperage, buildiug of Ai>hm^
crafts. Including tho families of fishermen and otheis dependent on tho lisheries, at
least 100,000 persons are supported from this industry.

The total value of tho products for 1880 wore, for fish alone, $.'),054,900; sbell (isb,
fish-oil, and guano, $997,512 ; whale fishery, $2,089,3:<7; total, $8,141,750.

The total weights of fish caught that year amounted to 341,9!J5,y82 pounds, exclu-
sive of any shellfish.

The years 1881 and 1882 have been far more prosperous than the one above men-
tioned, and would show large gains iu ]>rodncts as well as vessel tonnage. Abont
75j000,000 pounds of ice and 70, WO ,000 pounds of salt are annuar -tsed n. thelisb-
enos of the State.

KHODK ISLAND.

The fishing industry of this State is chiefiy confined to oysters, and itsmeubadeu
oil fisheries, with less attention i>aid to food fish. Total value of products, $880,!)iri.

CONN'KCTICUT.

Oysters, $710,875 ; fertilizers,

The value of the pro<luct8 for 1880 were as follows:
$407,004 ; food fish, $338,:W7 ; total, $l,45<),80<).

THE FI8HBK1ES OF NKW YORK.

New York takes an important part in the fisheries, coming fourth in the listof fisb-
producing States, with products valued at $4,380,.'>«)5. In several specialbrancb";
shvj holds a still more prominent position. Her menhaden fisheries are more extensive
than those of any other State, and in IKSO the value of the oil, scrap, and compost
reached $1,114,1.'>8, being more than half of the yield for the entire country. Tjio
value of tho products of the oyster fisheries foi tho same period reached $1,577,050,
which is greater than that for any of the other States, except Maryland. Virginia,
and New Jersey. Tho New York fishermen secure annually larger quantities' f Ik 'li
hard and soft clams than those of any other State; in 1880 the amount reali „ (n-^
the sale of these two species was $r»17,69l. In tho shad fisheries she rank;
the list, the catch in 1880 rea<>liing 2,733,000 pounds.

T!IK KI8IIERIE8 OF NKW JKRSEY. ii.

New Jersey produced in 1880 $3,170,.^)89 worth of fishery prodiiots, taking tliesixiii

Idace in the list offish-producing Htates. In some of th') special fishorios it takes a
ligher rank. Its ovster products, valued at $2,080,()25, are excted»Ml only Ity thosool
Maryland and of Virginia. Its crab tisheries, from which uie lislicrnuu realize
$102,012, are more extensive than those of tiny other State, while it.s (iiiahiuig (In";"
clam) fisheries are second onlv to those of New York. In the nienhndeu iwbenes it
stands fifth on the list, the oil, scrap, and oompost produced in 18S0 being valued in
$140,280. Its river fisheries ro of minor importance, tho total yiel<l liemg obi\
2,752,000 pounds, netting the fishermen $91,4:15.

THE FISHERIES OF PENNSYLVANIA.

Pennsvlvania, though consuming large quantities of fishery prodncts, bns !i> im-
portant fishing groands within its boitl.Ts. Tho principal business coiiijef'.eawiiu
the fisheries is the oyster industry, for, though no oysters are produced in up watei^
of tho State, a largo number of persons are mgaged iu transporting "J'***"',",!""" niid
Bouthoru bods to Philadelphia, and others makoa busines-s of receiving, slicimij,.""

AMERICAN PlSnr.RY IKTSRfiSTS.

887

l710,B7r) ; fertilizers,

lafking thorn for shipment From this industry $187,500 is realized by the residentb
(if the Stiife. TiH' soa lishi.ig is confined to the capture of sea-bass and other species
!)va fleet of oiglit vessels thav make occasional trips to the iishinc grounds off Cai'o
Henlnpeii (luring the summer months. 8hud, sturpeon, and other less important
m,fi,,s iiro taken in email quantities in the Delaware and Supquehanna Rivers, and
; lake fob of (lillbrent kinds are caught along the shores bordering Lake Erie.

THE FISHEniES OF DELAWAUE.

Tbooyster Industry, valued at $087,725, constitutes the principal fishery busincnn
f of Delmvaro, over two-thirds of the money realized by the fishermen being derived
1 from the capture and sale of this species. The other fishery interests of the State are
i verv iimited, being largely confined to the capture of salt' water sx)ecies in the bays
auii sdiiikIh along the outer shore, and to the net-fishing for shad, sturgeon, and other
I mem in Delaware River and its numerous tributaries.

THE FISHERIES OF THE SOUTUEUM ATLANTIC STATES.

Probably no portion of the entire coast is so bountifully supplied with valuable
Ifooillis'' and otiior edible species as are the sounds and bays of our southern Atlantic
j Slates. Fully three times as many persons are at present engaged n '.,he fisheries of
[tliedistriet under consideration J in 1870, and the value of the products has more
Itlian quiidrnpkd during.tho samo period ; yet the fact remains that in many localities,
jespecinl!" in the portion south of Albemarle Sound, North Carolina, the fisheries are
[practically uudovolopcd, and the people, as a rule, have little idea of the abundance
lof lisb iu the waters along their shores. There are many obstacles in the way of any
[ei'insive tishiug business, such as the difficulty of procuring ice tnd the absence of
[pmiitrsliipping facilities ; but there seems little doubt that when the people come to
rtalizetbo importance of their fishing interests, these difficnlties will be overcome,
hnd many will find fishing a remunerative employment. In certain localities, a^i at
[Beaufort, Wilmington, and Charleston, a largo business has sprung up, with profit to
[ill concerned, but even here the industry is capable of much further development.

THE FISHERIES OF MARYLAND.

If tbesea fisheries proper be taken as a standard, Maryland has an tinimportant
IplaceamoDgthe fish-producing States; but if the oyster and river fisbaries be includi-d,
linliotbof which she is extensively interested, she rjT.ks second only to Massachusetts
jratiiovahio of the products, and stands first on the list in the number of persons cni-

S loved. Her 2G,00H jiorsons employed us fishermen and shoresmen produced in 1880
V'il.Tlu worth of fishery products, while the 20, 117 persons interestea in the Massa-
Idiiisetts finheries realized $8,141,750 as the result of their labors. This is easily ex-
itlaiued by the fact that the fishlDg season is much uhorter in the former than in the
liitierStatc, and that the fishermen are, as a rule, less energetic and less fully equipped
jforthe work. Her oyster interests are more i^lportant than those of any other State,
jlkse, according to the report of Mr. R. H. Edmonds, furnishing employm«nt to 23,402
jpersons, with 1,450 vessels and 1,825 boats, the value of the products amounting to
|H"'iO,47(). With 80 extensive a river system, it is natural to suppose that her fresh-
jtatcr lisberics would be of peculiar importance, and such is indeed the case, for more
' arc taken by her fishermen than by those of any other State, while she stands
Ittcond only to North Carolina iu the extent and value of her alewife (called herring)
jklierieii.

THE FISHERIES OF VIRGINIA.

Virginia comes seventh on the list of fish-produciog States, the oyster, menhaden,
JMdsbad fisheries being the three branches in which her citizens are most extensively
linterested. In the first-named fishery she ranks second only to Maryland, having
I'WliJ persons employed, with products valued at $2,218,:J7t). Her menhaden fisheries
l^"' '*"""'* "''K'"> '^'"t tli^y biivo developed with remarkable rapidity. In 1880 the
|~*''»"ul"'red 102 sail, and the oil, scrap, and compost produced sold for $:i0:{,82i).
|W,«HH00 pounds of menhaden being utiliii^ed in this way. The river fisheries are also
jUiportant, furnishing employment to 2,641 persons, and over 3,000,000 pounds of shjul
i™ nearly 7,000,000 pounds of alewivos (locally known as herring), with many other
|nver spedos, were taken, the whole having a value of $272,828.

THE FISHERIES OF NORTH CAROLINA.

Jlie large ri ver.4 and brackish sounds of North Carolina are visited annually by ira-
jwnsc nnmbcrs of shad and alewives (commonly called herring), and in spring and
|?[^'"""nier the fishing is extensive iu taany portions of the State. The principal
iCi* nr^''^'"'"' ""^ "*^'*''^ *^'"* junction of the Roanoke and Chowan Rivers, at the
KZ,7 ^','"'"'«rli^ Sound, and iu the Neuse and the Tar Rivers. In the ah^wife fish-
Kr"''" ^J'lte ranks first on the list, with l.'>,.52u,()00 pounds, netting the fishermen
If'VM. The quantity of shatl taken iu 1880 was :{,221,2(>3iK)undH, being a little be-

888

AMERICAN FISHERY INTERESTS.

low the Marvlaiul catch, but tlio price realized is so luuch greater that the value of
the catch is more thau double that for the Maryland tishery.' Kh sea lishorics wIum
compared with those of the more northern StatcH, are of little iniportanoo, ibo'nrli n',
the bays ajid sounds between Heaufort and VVilnnngton many follow lis'liinir f,,, .,
livelihootl and secure nnnnally largo (jnantities of the various Hpecics. Tlioliiiillt't
tisheries of North Carolina are st-contl only to those of Florida, tho catch in Iscoj
amounting to 3,3(58,000 pounds, valued at §80,500. ]

THE KISUERIKS OF 80UTU CAUOLINA.

South Carolina comes twentieth in the list of tish-producing Statos, with 1 00')
rmen and products vaIn<Ml at $'il2,482. She is, however, noterl for hcrslirini'n lis

wfish"
ermen ana i>ro(incts vain<Ml at !|5'il!i,4W;j. She is, however, noterl for hcrslirimp fisher- j
ies, these being more extensive than those of any otlier State, and nearly a« important
»3 those of all other States combined. In IHriO hei lishernien HiM-nrod 18,(100 Imshd
valued at $37,r)00. Tho principal fisheries are about Charleston, wlwro Kovcral liun I
dred negroes, with an occasional Sinmiard, are engage<l in tishiiig with haml-linesj
from vessels and small boats to supply the city with whiting, blacklisli, ami otlier]
species. Alimited fishery occurs atGcorgetown, and in the soiindsaboiitBoautbrtifromJ
which points a few lisli are shipped to the interior cities. IJeyond tho jilaoi's men-}
tioned no sea fishery of importance occurs, though there is more or loss lishingfnrj
local supply along all portions of the coast. Four hundred thousand pouiuls of ale-
wiv(« (locally known as herring), 207,000 pounds of shad, and 2()1.'2,")0 pounds of stnr-j
geon, with considerable quantities of other species, wen* taken by tho river tisherraen,
tho largest fisheries being in the Edisto Kiver and in the tributarioHof WiiiyabBay,|

TUK FISHERIES OF GEORGIA.

The sea fisheries of Georgia are as yet almost wholly undeveloped, and tho Statsj
coiiv's, next to Eastern Florida, lowest on tht? list of the Atlantic-liordcring States.f
Imuiense nnmbu.-s of edible fishes of varions kinds gather in the nniiieroutt sonndil
and bays along the outer shore, bnt comparatively (ew are taken, and tho peoplean
largely dependent npou tho fishermen of Western Florida for tln'ii«iipply. Inlb^
the value .if all sea [iroducts, exclusive of oysters, was only $li(,iW5. the oysten
taken were valued ut $35,000, making a total value of the sea pioductH $o4,'v'J.'). Th»
river fisheries are more fully developed, and (he Savannah. Ogeecliw", and Altaraahji
yield considerable qnuntitiea of fresh-water and anadromons species. Tho priiicipaf
tish taken are shad and sturgeon. Of the forme/ 252,000 pounds, and of thelattei^
354,000 pounds, were caught in 1880.

THE FISHERIKS OK EASTERN FLORIDA.

The fisheries of Eastern Florida are so different from those of tiie GiiK coast that ii
has been thought desirable to treat the two regions Kcjiaratidy. In tlio statisticaT
tables given the figures refer only to the fisheries of the sounds and rivers tributar
to the Atlantic. If tho entire State bo considered, Florida takes the lii'teentb placi
on the list of fish-prodncing States, having, in 1880, 2,480 fisheniien, with i)rodiicl(
valued at $t)3C,378. Her principal fisheries are at Key West, where a, fleet of 21 ve^
sels is employed in the capture of grou]»ers and red snappers for the Havananiarkoi
The sponge fisheries of the United States are confined exclusively to tho westcoa^
of Florida, where, according to Mr. Silas Stearns, s|>ecial agent ia eliarj,'e of the tisW
eriesof the Gulf States, 100 sail of vessels are engage<l in the bnsiiiesn, tho value c
the sponges taken in 1880 amounting to :f2(K),750. The mullet fisheries alno arc ot ]
cnliar importance, tho catch of the (Jnlf coast, according to Mr. SteaniH, beiiisjofl
times that of Eastern Florida. The catch for the entire State in 1S80 reached 3,4J«
333 pounds, valued at ?123,508, this <,uantity represcntinjj neai.y half of tbomnllf
taken in the United States,
aud-line or cast-nets for local

in the Indian Kiver, where 88,...^ ,,w......o«. ^..^.. .-....^.-, . . .

ofwhicb the (Meat er part was shipped to Northern markets. Tho sliad lislienes (
the Saiut John's, though of recent origin, are quite extensive, 251,700 pounds, won
120,136, being taken in 1880. _ ,. „, ,„

Of the 297,.^3y,l()7 pounds of fishery products taken in the SoutlKTii Atlantic ha «
fully two-fifths, 124,231,240 itounds, are ovster meats, an allowance of 7 pomulsutu
made for each bushel of shell oysters. Of the remainder, 'J2,194,HKt ponnds Hrc nitg
haden, :«, 184,372 pounds are alewives (commonly called h(*mng), itnrt 10,15'".^

08, this ((uantity representing iieai.y half ot tbomniiq

Along tho Atlantic coast the fishing is eliietly with hool

,1 supply, the only commercial fishery of importance beiM

8,250 r-onnds of green turtle, valued .it. ^tl.tlOO, were taken

pounds are shad
5,000,(H)() pounds

These are the only species that are (aken in <in""t'.*'™*'\^'^^f^'
. Five other Bjicciiis, namely, the mullet, oral., I'l|";li*"; F^j;"
htriped bass, aro taken in <iuantities exceeding 2,000,000 pounds, while tiiotuuu
nine others ranges between l,000,OtK) and 9,000,000.

~ ' This is owing to the fact that mi)st oFtho^iad are marketed beforo theiishiDgj
the more northern waters becomes extensive. — M. MoDonau>.

iitcr that the value of
ItH Hea iishorii'8, wbpii
iiiiiiortanoo, tboiiuh in
^y follow (iHJiing fura
HiM'ciuM. Tho niiillpt
Ula, tho catch iu loeu

States, with 1,005 lisli-
I for her Hhrimp Mcr- :
ml nearly as imiwrtanti
(I'ciirpd 18,000 bushels,
II, wliuro Kcvcral bun- 1

Hliiiig with haad-linesl
i, MacktJHh, and otberl
»1h about Beaufort, froiuf

yoiid tho jilaci's men-
oro or loss lishiiig for!
loiiaand pounds of ale-,
i()l.'i.')0 pounds of stnr--.
by tlie river tisberraen, j
jtarioH of Winyah Bay.f

volopod, and the Stat*

ntio-bordoring States,!

tlu) nniuerouH soundil

koii, and thopeoplean

tlioir Kupplv, 111 18"

$ll),t.'-jr). 'i'hc oysten

,f the GuKsoast that ilj
•iy. In tiio statistical
di) and rivers tributarj
ik.'H the lil'teentb plafl
hcnneii, with prodiict|l

wheroaHeet oflilve*
for 1 he Havana niarketj
ivelv to tho westcoasl
jt ill eliarge of the tisbj
> ImsiiiesK, Ihovalnoo

iislieries also are ot M
Mr. Strarim, lieinsl'"'!
• in IHMO reached ;MHi
ui.,-lialf of tliomiillft
n},'m chiefly with hookj
ery of importance bein^
ed at §»».l't*0, were taken-
'i'lio Hliad fisheries f
, 2r)l,700 pounds, worf

)utliern Atlantic Stata

ranee of 7 pounds belli

194 NIO pounds are men

lorrinK). ""'l l^'^^'f^
innnantitiesexcecdin'

■ttb, blnelish. I«^^rcL,an
,ul», while tho catch t^

[^rbcforothetishiugt

AMERICAN FISHERY INTERESTS.

PACIFIC COAST FI8IIEUIES.

889

Tho fisheries of tliin coast uro yearly recoiviiig moro attention and IncreaBlng in
loiimiercial valiio. At present tlioy are ehiefly confined to tho salmon catch of Cali-
fornia and Oregon, tho seal fishery of Alaska, with considerable and increasing atten-
tion to tlie cod and halibut fishery. The total value of tho products in 1880 amounted
to J7,'i0'-.',73O ; this included seals, oils, and other sea prodacts. Uy tho canuintr of
4;i ;i7D,M.i pounds of H.'ilmon, the value was increased $2,'.J45,r)47, making tho tot^il
cnmniereial value of tho fishing products |9,54o,*< / ; pounds of iish products, 181,548,-
'jiO. Of tlio ir),745 pers(uis employed, 7,1)10 we'e Eskimos, Aleuts, and Indians, and
about 4,00U Chinese.

FIS1IKRIK8 OF TIIR OKKAT LAKES.

These fisheries .nro of niiuh importance and value, abounding in a great variety of
fund-fish, llio total catch of 1880 amounting to G8,742,0U0 pounds— whitefish leading
withiil,4()H.000 poiinds, over half of which cauie from Lake Michigan ; herring came
next, with ir),I!r)(!,;{00 pounds, three-fourths of which were from Lake Erie; sturgeon,
7,012,100 ponndT; trout, 0,804,(500 pounds ; numerous «>ther varieties of less amount
from all of the great lakes, making the grand total above given.

FiihiiKj iiidimtrij of the Vnited Stales on the Atlantic and Pacific coasta and Great Laie^
[Compiled from the United Statea Consns BuUotiDS, by W. A. Wiluoz.]

States.

Fislierics oftlie P.iciflc

Maine

Xi'w H.iinpuliiio ..

Ma.sxacliii.srttit

Itlimlo Isliinil

'iiimpiticut

Xiw York

.Vrw Jcifloy

I'liiiisvlviiiiia . ..

Delawiiro

Miirvliiml

Virpuia

Xiirtli Carolina

Soiitli <;ttro!inu ...

Ircoruia

Kasterii I'lori'ia...

.2

a

0

a
a
a
H

Total

Atlmtic const flslior-

(;alifi>rnia

Orvjion

Washington Terri-
tory

AlMka

cnc

1,007

02

2!)l

2i:i

3»

\\m\

1, 440i

221

17, 03'>. 6.5

1,011». o.-i

8I,O.SO. 4»

2, .50?. 77

9,2iri.U.5

6, 17(). 04

(I.VJ. :i

279. tm

i:i,7>o6.oo
LI, r.78. p;i

1, 4.'-'7. 00

337. 32

12.00

fi. 293 178, 446. 71

46.

Total

i

I

e

I

a

'A

5,000
211

0. 740
7:M

1, I7;t

1,72.''.

3, 20-.

8

.•■.39

2, 82.-1

6,618

2,714

501

3.-*

31.1

00

•3

9

S3

^A

o p
'A

33,655

853
1,3W)

331
3,000

63! 6,547

Fisheries of the great
lakpH:

l.ak«i Superior

Uk(>Mii;liiaan

Liikfl Huron and

Saint Claire

I-iikoErl«

'nko Ontario

isrv

612;.

154 .
638.
167;

"otal

O'amltoUl

1.056..

8,110

:i7(!

17, 10.-.

1,002

2, fin,--.

3, r>7H

4, 3;)0

1

OIO

15, 87:i

16, 051
4, 729

064
80!)
34S

2, Ofil

118
2, 0.-.2

708

r>4)!
3:il
142

in, ins

2,813

545

41

90

20

C3 si

fil4, 178
170,684
I41,7.''>0
880, 015
4'>0, 8t;tl

:i8'i, eii.i

170,580
320, O.'iO
OiP7, 005

■.':ti,7ir.

124,441
845, 005
2I2,4,S2
110,00.1

78, 408

$3, 37.5,
200,

14. :i:t4,

.'iOti,
1,421,
1, 70<i,

4.50,
23,

:t;t,

6, 342,

1,014,

.''Hlli,

(iU,

78,

4.),

994
4li.'i
4.50
078
020
840
084
440
000
443
119
ly.l
275
770
554

77,560 21,342 08,908

2,031
2, 795

729
6,000

11,5.56

414

1,578

976

1,470

612

1, 443, 284, 099 32, 748, 029 31, 110, 109

1,005
4,010

15
130

6,100

6,050

7, 002 178, 44a 71 30, 202,04, 171

3, 036!
6, 835|

7441
6, 130

27,077,920 2,040,3341 759,675
4o,110,00<i 2,781,0241 1,131,350

.5, 707, 000
108, 654, 000

17l,372|
2, 210, OOol

30, 3.-.8
827, 000

16, 745 181. 548, 020 .', 202, 730 2, 748, SKI

414

I, D78[

070

1,470

0121

3,816,625
2.1,141,875

11,530,200

20, 007, 300

3, 640, 000

118,3701
608,400

81, 380
551,135

6,050| 68,742.000

29.1, .550 1. 5.5, 910

412,880
1.5B, 700

1,6.52,900

26,632 120,703 1, UlM, .575, 010j41, 60J, 660

503, 500
.54, 050

1,345,075

35,204,557

Uko^P r''"'"' ^°'*'' "**^ Btountnga are included with vessels. No tonnage given for Pacific coast or

p*

¥

1

t '''

It

1 tfj^n

1 '

1 ( ;

t , '

S fi!

■^

i>

,

^Hflit

1
i

1

§&0

AMKbiCAN FiStTt^RV tNTE|lE8tS.

Tabic showing, h'j Stolen, the quantitii of each of the more important food-fishes andothn
aquatic apecicH take», and the total production of the JtahvricM of Ihr yJitMIe Slatn.

Name of specie

Total by State*.

Alewlves, Clupeavtmalit, Mitch.,

anil O. cettivatit, Mitch —

r'i»ck tlruin, I'ogoniat eliromU,

Lur^p

liliii'tlitli, Pomalomtu aaltatrix

(Linn.), GUI

n<mito, Sarda pelamya (Linn.),

Cov

Btitter-tlxh, Poronottu triaeatUhui

(IVrk), (Jill

('nlfl«li, Amiurut, sp., nuu Ich-

ttKrlurut, HP

(/"o<l, Uailu» morrtitia, Linn

('laniH (Mdfl), ill/a atenaria

(Mntus (uimhauijM), Venu$ meree-

naria, Linn

Cral>H, Catllneetet ha$tatut, Onl-

wiiv

CrnakprH, Mieropogon undulatut

(Linn.),C. and V

KpIs, ait.'/ui'Ua rulgarii. Tiirton'...
I''louD<li>rn, I'aralihiiUiyt and otuer

Cpncra . .

llnliliut, Ilippogloiiut vulgaris,

Kli-niini;

MackiTul, Sfinnber$eoinbni*, Linn
Lolmt4^rH, Iliimarut americanut,

Kdivanlx

Mivjimdon, lirevoortia tyrannuM

(Lair.), (iocxlp

Mixi>d fr»ii»h-watiT flsh

Mixod saltwi'tcrdsli ,

Moon-dull or handed porjry. Vhirto-

dii>ntertu /aber{\\nn\nH\ .^ . and O
Miillt't. itugil allmla, Linn., and

U. bratilifiuu), An

OyaterK, 0»trra virrjiniana, Ll«ter.
I'orch Verca flnviatilia. Linn., and

Mornixeamericana (Uiuel.). Gill .
Sciip. Stenotonnui argyropt (Linn ),

Gill

Soa-liasfl, CeiUroprittii atrarxtu

(Linn.), liarn —

Shad, C<M/"'a*opia'w»tj?va( Wilson),

.lor

ShfPjiRlu'ftil. Archn$arrtru ^jrobato-

cephalut{\VM>.), r,\\\

Snitilt. Otintru* inordax (Mitt-h.),

Gill

Spanifth mackerel, Seomberomorut

m(u:iUatum (Mitrli.), J. and G ..
Spot or IvUfavetro ilHh, Liontomut

oMw/uiu (Mitch.), Ue Kay

S<]iict«a{;nc, Cynoieion regdlit{TI,\.),

Gill

Sti'ipod l>aafi,72(.ceu«{inMi(tM(Schn.),

0111

fituriivon, A eipetutrilurio, Linn ..
Tautos. Tautoga onitu (Linn.),

(lunfhcr

Terrapin, StalaeoeUmmytpaluHrii,

Guiol

Tom-cml, ifierogadu-t (omeodu*

(Walb.), Gill

Trout (Mackinaw), nriitivomer

namayeuMh (Pcun.).Gill and tfor.
Tuitio (varioiiM salt and froith

water hp«t1('8)

Wlilte(l«h, Corfgnmu elupeifonnui

(Mit^h.), Mi'.tinr

Whitiiitf or kinu-flnh, ifentieirrui

nsbuloitu (.Jltob.l.UiU

ToUl by
•peotea.

Pound*.
413, &:>5, H63

New Tork.

Kew .Tomey.

Pnund$.
333, 523, 173

4, ue,7oo

212. 600

5. 710, 800

580,000

700,000

498, 200
5, 247, 000
4, 008, 030

5, 033, 064

3, 179, 834

80,000
2, 036, 3U0

1,001,500

100.000
7.'iO, 000

201,050

318, 5K8, 700
3, K8X, ((.M)
2,410,120

100,000

60,000
23, 328, 100

1,711,500

1,.V50,000

1,401.200

5, 207, 200

085,000

205. 000

215, 000

1, 070, 100

11,0«3,500

1,528,300
1, 1 ■*, 000

035,000

41,508

205,000

560, 700

15, .100

2,140,000

fia,50o

2.10, 000

60, (00

3,000,000

500,000

500,000

50,000
3, ,'i«0, 000
3, 407, 750

2, 705, 810

1,024,683

n,'), 000
1,361,300

1,000,000

100,000
7,'>0, 000

135,000

1288,031,200
2, 720, 800
l,.'):t4,000

110,000

1,000
7, 303, 10!)

545,000
1,500,000

750, 000
2, 733, 600

400, 000

200, 000
25, 000

200,000

4,000,000

70.'), 000
144,000

600,000

1,800

200,000

.'■.00, 700

I

1,174,000
40,000

PountU.
A 181. •< 80

1, nOO, 000

25, 000

3, 035, 000

80,OOJ

200, 000

13,1, 000

1,6H7, (KM)

600,280

3, 132, 280

1,470,300

20,000
551,000

76,000

PouDByl. ' - ,
vania, i "*i»"iiii'

Poundii. ' I'omidi.
2,U33,OU0 i 11, OHM

l.'>0, 800

»20, 134,(i00
200, 000
*SSi, 220

50, 000

5, 000
13,825,000

030, 000

50, 000

100,000

864,000

275, 000

5,000

200, 000

230, 000

4, 430, 000

442?000
300, IKKt

130,000

0,000

5,000

15,000

■ TnclndinK 40.000 pounds iwiltiMl for food.

*InchidinK 70.0IM) pounilH miltiid for fiwd.

* IncluduiK 23,000 pounda for foiMl.

«IiirludiDg 550,000 pounds of refuse flab for fertiliiors.

30,000 !

117,000

2, :1m, 700
I:i7,5(i0
45,8(HJ

42«, 000

00,000 j

550,000

m9, 600

5, 000

I

15,000

4:t, 4(iO ■

150, uoo :

«7J, 000

196, -W

9,544

8t,9Jl

25,000
124, OW

10,500

150

sr)'«,!KlO

SIM, ".VI

90

2,100,1)00
476, 5(X'

1,200

1,OJO,000

5,900

649,100

2,018,500

247,900
570,000

."..OOO

3O.70«

3,500

AMERICAN riSHERY INTERESTS.

801

t food-finhes and othtt
' the Middle Slatn.

Ponndjl- '
vania. ,

Delaware.

Pmmdi.
2.033,U00

Povndi.
11, OH 203

2,:i08,700

i;i7,M«

45,800

30,000 1

117,000

196, M

5, Ml

'2'>,0(Ki

124 OUi

}

10, 500

0

0

0 428,000
<j 1

150

TO, 000

5M,7.i'l

90

10

10

54,700

2,100,000

K) (iO,000
lO

476, 50('

i

550,000

359, 600

6,000

1,200

1,050,000

5,900

I M9,m

\5,m\ 2,018,500

4:t, m \

150, 000 I

247,900
570,(.H)0

JulUthomng, ''.'/ l^iateit, the quavlitivit of each of the more important food-fmhca and other
I ilcipecies taken, and the total ifitld of the Jieheriea of the Southern Atlantio States,

Kame of apeoieit.

Total by Status

Total by
apeoiea.

Marvland

'^oundii. I'oundt.
207, 6.JB, 107 96, 7;;;, 570

Vlrt;iuU.

North
Caroliua.

Poundi. I'oundt.
l&H, 874, 000 32, 240, 488

32, 181, 372 0, 203, 059
375,000

Alfwivpn, Plupea vemalit,

Mitcti., and O. eettivalU,

, Milch ,•-

[Bkk hwt*. Mieroplfifi* mlo-
I umiJm (I-ac), lIciiHlmll....
ll\iei imn.l'oyoniaichromit,

I Lacqi ,••••.•

I Blnetisli. rorrmfomu* taltatrxx

I (Linn.), Gill •

iCittiiih. Amiunit, ap , ana

[ WlWiru*, sp I 1,443,000

I Cliiirlistnn ixirKioi, Pagelliu, sp i<75, 000
IciaiM ((luahmigs or 1 i 1 1 1 o

Dfcks), VfMi(» merctnaria,

Linn

Un\ii,CalliMetet tuutalut.Oru-

South
Carolina.

Pound*,
a, 143, 250

641,000
2, 38«, 417

'700, 220

0,025,41315,520,000
130, 000 175, 000

75, 000 00, 000

10, coo] 1,546,417

I

420, OOOi 500, 000

40,000

ICuvalle, Carangui (aeveral

I spccien)

UmU'T*,iIieropo(jon undula-

I tiiiiLiun.). C.antl V

I Ml", AnquiUa vulnarix. Tnrton
iFluiuidcrs, I'araitcMhyt and

oiliiTpinera

[Gmn turtle, Chelonia mydat,

Sebff

\Gm\ffT^.Epinephelu${MveTaX

ipecies)

|Gront»uii(lplg-flHb, II(gmuion

iscvcul spcciea)

iMenliadfu, Ilrcroorlia tyran-

iiiM(Liitr.).(i()o(l(>

IHiscil frpsliwater IIhIi

iMiXril Rillt-WUtlT flnh

iHoonlisb or I)hd(I«iI porgy,
f.kittoixpotetui faber

iBr(miis),.I,iin(l G.

iMiilli't, jUigil albiila, lAnn.,

I mi il. hratilieniiU, Aj{

■Oysters, OitreaHrginiana, Lts-

I lor

iPompano, Trathynotnt caroli-

I »MII,inii.), liill

JPeriii. I'trcajlwiialilu. Linn.,
ami Jfororie am eric ana

limeliii), Gill

Siildnini, Sci'fTOoj)* ocellatHt

JUnn.i.Gill

r's clioice, Laijiiilon rhom-

I W'Kl.inn.), Hoi

Kup, Simulotmis arayropn i

. (Linn.). Gill .........'

■ »-ba8», Centroprittit atrariug

JLinu.), tiarn

Mjiloirua/iWi»»im(i: (Wil-

L,>"iiK Storor

Wheail, Arehoiarijtu pro-
motriMbu ( Wajb. », Gill . . .
ptriinp, Vnmui ret'i/erut

[(i-iiin.), Edwimlit

»iilsli roacl((>r(>l Scomhero'
|'wra»WMf(,ia(,„(iliteh.),J.

[Mllll

Liilitob,),l),,Kay....

mtA m tniiit, Cynnieion

lidflilodu (Mitch.), Gill

»Mi aixl biVtttVr'llBir/po.'

'3,366,207 1,166,607
12,000

1,056,000
211,000

141, UOO

06,250

3,000

543,000

92, 104, 800
1, 457, 033
3, 350, 130

221,000

4, 424, 000

124, 231, 240

36,500

2, 345, 000

324, 000

140,000

70,000

652,000

10,«7B, 042

660,666

•820, 750

1,630,163
1, 420, 000
1,604,000
1,074,000

• 316,000

20,000
15,000

5,000

863,820
2, 130, 2001

4,-)0, 000
125, 000

40, 000

150,000

600,000

300, 000
50,000

300, 630
11,200

350,000
50,000

20,000

6,000

G-^'HaT.*

Pound*. 1 Pound).
2, 272, 600 2, 280, 750

3, 000 100, 000 400, 000'

3,003,0001 88,213,800

778, 618
103,000

5,000
30,000
74, 200, 000

8*3, 140

50,000
30, 02r);

li.'i, 130 2, 061, .loo 587, .WO

i i !

180, 000 30, OOOI 6. 000

25,000 3,308,000 232,000 106,000

47,861,240 1,100,000' 350,000 400,000

25, 000

3,500

8 000
207, 750
280, OUO

1,000
063,000
140,000

;iOpoim,ls„f luontaSo a buahol of clams.

.':r!ib.s to tl.o poiiu,!.
iw in uuuilHjr.

18,000

20,000

.5,000

60,090

1,000

430,000 100,000 115,000

I

17.5,000 3.'), COO 10,000

40, 000 3, 000

50,000

375, 000 2, 000

207,000 2.-i2,000

28, 000 12, 000

70,000

20,000

125,000

3, 221, 203

C5, 000
5-1,000
1.5, 000

80,000

63, 000| a30, 000| 56, 000

1,600,663
700, 000
360,000

1,107,000

115,000

1

10,0001 1,000'..

I I

520, 0001 160, 000

I !

050, eOO 180, 000:
170, 000 290, 000

2.5, 000

251, 700

25,000

71,750

200,000

500
6, OOOj 1.5, 000

eo,ooo| 100,000

32, 000 15, 000

< 1,000 in nunilwr.

■ Figured ut 35 poiiDtla to the bnahoL

Mm

era.

892

AMERICAN FISHKUY iNTERESTa.

Tabte thotcing, by Statin, the ijuantitifs of each of thf more imjiortanl food-fmhcitamlolhtr !
H aquatic npecien taken, ifx: — ('on'iiuii<'<l.

Namo of HpoclPd. \"^, ^/ 'Mnrylana! VlrRlnla.

S'i'lprid bflRH, JloeeuM liiuatia

(S<hn.), Gill

StiirifM)!!, Acipenter tturiu,

Linn ; 1,C10,708|

Txrntiiin, JIalacvcltmmyi pa-

Umlrit, (JinrI

Tiirtio (varioiiM wilt andrroali

water H|M'cii'(«)

Wliitini!iinil kinif-tlHli, itm(i-

cirniK nlhurnnt (lAnn.), CAW.,

AudM.lUtvralu (llol.), Uill..

Pounds. Pourtd*. I Poundt.
2, 'iSU. 000 700, 000 O.T), OlH)

•304,800'
60,000

144, 000
30,000,

1,188,000

3,000

175,000

North
Curoliua.

4ii,.'r)K
ig:>, ooo|

Pound-

770, OlA)

430, 900

123, UUU

30,000

150,000

foiitli

eolith _, EMU,,

' Inclndinc 3«,2:m poiiniln of raviaro, WDrtli ♦2,:iS8.
'Includiui; 42,000 |)oiiu>Ih of tiuviuro, worth $U, 040.

Poundt.

20, 000

'201,25(1
23, 4(10
«20, 000

8X1, 000

Potindi. Potind$. 1
120,000, 17,liw|

»334,000| 3,000]

10.800, 3.000)

15,000, lit.ii'O

' 3J |iiiuntl!* fadi.
* 200 iu number.

Ninth Annual hr.ronr of tiik Boston Fisn BtrnEAU, .lANtTAnT, 1884.

UKPOitT.

Office of Boston Fish Bureau,

lioHton, January, 1884.

Oar last annii.al report nipntiorietl tlio year 1882 aa havlnj^ boon a successful andpn
perouH on« t(» those iMi}ja}j;«'(l in tbo llsbiii^ biisinoHH as prodiicurs or dealers. Witbt
opening of tbo present year a good tlenr n<l and satisfactory pricos continued until M
large catch of the previous year was tsxhansted, leaving the market in a good condi'
tion for the anticipated catch. With confiidorable addition of new vessels and bettei
equipped fleet, and in abetter fununtial eoutlition than for sevcntl ye.irs, a prosiionuii
season, with u large catch, was predicted.

Our report of large stocks and catches on page l.'i will show that the expcctationi
have, in a measure, been realized.

The catch rf codfish by the (Jrand Bank lleet was the largest for years, tlic flcset n
turning wit'' full fares, without loss of life, and only slight daniago by stornia,

The mackerel catch, in quantity or quality, has been only fairly satisfai ton,
much reduced catch bos met with an active demand, at prices higher tliiiii loi tlict
previous years, which has largely conipensated those engaged for tli<! dcLreaso iu I
' catch ; and many large stocks have been made, a few of which wo have recorded.

The year closes with a sad reconl of losses of life and ju-ojierty. Nunieron.s and
vere gales on the Grand Banks of Newfoundland, Georges Banks, Massachusetts liuj
also on the Western lakes and in the Chesapeake Bay, haveall adtled to the lone list (
disasters and loss of life to the lisbing Ueets of the Unitt'd States. In the severe fjali
from August 2(5 to the IWltb on the (irand Banks a number of ves.^els, \yith(')nii
were lost from the French lleet and vessels of the i*r«)vinces. The New England ll
escaped with small losses. October :U>, a severe storm in Massaehnsefts lia.y can
the loss of 8 men, and in property of HO seines, numerous seine boats and dories, w
other damage amounting tn $.')5,0()O, all belonging to the mackerel flt^et. Tliestor^
in November ]»rovcd the mcwt disastrous, and were mostly contined to tbo Oeor)
Bank lleet from Gloucester, the total losses for the year being as follows:

PorU.

(MoiiceRtcr

Nowburyport...
•JeorKntown. Mo
I'eniaquid, Me ..
Portland, M«...
Provincetown ...
lioslou

Total

Vesiels.

Ill food-fixlm and olher

, JanuaUY, 1884.

w tliat )bo espcctationl

AMERICAN FISHERY INTERESTS.

893

The I0H8OH of lifo inclmlo r»4 from dories, most of which wore kwt in f ho fog, many
of tlioin m><l<>"il»t «l.vin(r fr<'"> Htarvution, when, with tho exponso of a fow dolhirH for
iiniviiliiiK oaili «lory with water and Houiod cane of food, many livcH and untold Huf-
I'criiii,' minlit '"^v" ''•'^'" provnnted. Tlio Capo Ann AdvcrtiHer of July 13, in roijard to
tlicNiilijoct, HrtyH; "Tiiose kind of losseH are bueoininKas familiar as a twico-told talo,
anil attract far too littlo attention. Forty-two mi-n, in all, wont BHtray in a fog in
May ami Ji">*^) ^ dozen of whom are known to have been lost, and most of the others
«nileriii" M tlio pan){H of death for many hours. Is it not time that some better Hcheme
\in«(li'v'iHP(l for coumiunication between tho men at the trawls and their vessel and
fur HiipplyiiiK the nocoMHitios of tho men while lost in the fogsf " As in the case of

--;;j...r v(>sh('1b. a little legislation may be beneticial and save many lives. The
liiru'e loHH of life and property tuat is aiuu>st sure to follow wiuiot uohir.;; on Ccorgca
IbnkHnlw) cuIIh u)) the question, Should it not bo discontinued during the inclement
M'lwm ot'tlio yeart

Tlw nuiiilier of vchhoIs from each port will be fonnd on itagcs 17 and 19. Those rep-
rtsciit vcsseU only engaged in the salt- tish trade. Boston and several other ports
liaviiifrlarjjDlloetH engaged in supplying the country with fresh fish — of them we nave
iiii8tati8ticH, cither men, vessels, or catch. During tho past year Massachusetts has
iiddcd 37 Hall to tho mackerel fishery, ti6 to the cod fishery ; Maine, 14 to the former
tuil 8 to the latter ; totai, 87 now vessels to tho New England fleets.

NEW IIAMPSniUK.

For tlio lirHt time inourreports this State does not appear. Her singlo port, that for
soiimny years was larg<!ly interested in the lishories, is now oul.y represented la tUo
fresblitib trade, in which quite a business is carried on.

THE FISUINO INDU8TKY.

or late years not only this country but most foreign countries are paying in-
creased attention to this industry. This will bo noticed through the press and uu-
meroiiH publications, as well as the numerous exhibitions or lish fairs. The Dutch ap-
pear to liave started tho movement of fish fairs by holding one at Amsterdam in
H\, This was followed by others, as follows : Bergen, Norway, 18(55 ; Arcachon and
Ddiilogiie, Trance, l86(i; Hague, 18ti7; Oothenburg, 18(37; Havre, 1868; Naples, 1871 ;
London, 1878 ; Berlin, 1880; Norwich, England, 1881; London, 1883. These fairs
liavii no doubt been of mnch value to the industry. The United States has been ably
rqircsenteil at the Berlin and lato fair at London, through the management of the
United StateH Fish Commission, receiving a large share of the honors, a large number of
which laino to exhibitors from this city : our dealers also receiving numerous i)rizos
at Aalberg, Denmark, the past season. We trust the day is not far remote when we
shall have a world's fish fair in this country, and Boston is tho place for it.

CENSUS FlSniNQ RKPOKT. »

hi our report of last year we gave nearly a full report from advance bulletins. As
it was not complete, wo reprodnoe a complete report of tho fishing industry of the
Vniied States in 1880. Tho report was taken under direction of the United States
Fish CoiiiiiiisHion, and is by far the most complete and reliable report of the fisheries
ivirniade by tho Government.

ilackerd.—Ot' t ho various branches of the fisheries this always receives the most at-
toiitiiMi. Our chart will be found of interest, as showing at a glance the great fluctua-
tionsiii the catch and quality. The very small amount shown at the commencoment
isnf historic interest when we recall those years as being unsafe to lish ottour shores
iliirin;; a foreijrn war. The Massachusetts catch the past season amounted to 168,811
harreiN a;,'ainNt •2.')8,382 barrels in 1685i, a large decrease of feU,571 barrels. The soiith-
im fleet, numbering 1"29 sail, as usual of Irte years, started early, sailing March 12,
laifdiii},' the (irst catch in New York March 31. The early catch was followed with
lair Hiucetw ; mnstly being landed frosh acoov nts for the small amount of cured lish
iipdrted as taken south. The fish wore found to be abundant and of mixed sizes.
AstlicseuKon advanced the fleet worked ott' tho New England shores, fewer fish con-
stantly btiug seen. The flsherraen, being of the opinion that a largo body of mack-
frol were off this coast but di;1 aot show thomw^lves, were not willing to leave tho

avored Rrounds of the past few years. About 50 sail went to North Bay in July, re-
iiirninK with j»oor reports and few lish. Later in tho season, tho catch not improving
Mdiuoro favorable reports having been received from North Bay, quite a fleet once
mm went there, returning with fine faros of fish of a fair quality and size. Tho total
nnniber ot United States vessels fishing in North Bay during tho senson was 63,
»itu a catch of ii8,666 barrola. Tho catch off the New England shores araouutod to

M04

AMERICAN FISHERY INTEl STS.

185,011) harrcln; llio Houthern ra>:oh, i:i,()00; totiil catch of Hultod mackdrnl liy llioNrnT
En»{laii<l tl»!of, '2vi6,(W5 ; a docrunHU of 152, 17H barruU from that ot tho provioiwypir
Tli«5 HchooiKT Etlwanl E. VVolmtor, C'a|>t. 8«»louum Jat^obH, aH for Hovonil yearn, Ih ouch
nior« " hi;?h iiun," with th« following lino nscortl : Sitilotl from UloiicoHtir Miirdi l;r
himhHl iipNovomlKjr 20; duriuK which tinio, with acrowof 17 iiicii, <'Jiii|,'lit •j,i(i(j |,.if!
ri'lH ot'iiiuckurol that wore Halted, and 400,»KH) mackerel w«iro8«>hl Irctth, rcalizinirirriiiw
$27,440, or not 125,700, tho crow nliariiiK :870l).7r> each. During tlio Hciwon time triiw
wero miwhj to N«>rth Hay and 1,UK) barrolH of the catch takiui thcro. Ciiittuiii Jacobs
addn to hi« report: " It is my opinion tho body of h»r>;o mackerel will bo in Norlii bav
in lHtJ4 and tho small Unh oil' this shore." Tho catch of tho rriiice Kdwnril Islaiiil
liMhermen is osti mated as 10 per cent, over tl.at of the provious year, with aslijrht
improvement in quality. Tho Nova Uiiotia catch also hIiowh an iiKToatw!. Oi'tlio
provincial (tatch, 75,22(S barrok camo to this market, against :17,U1() in 188*^,

r.'nuoirf /i«A, in which we include cod, huke, luiddo<'k, cusk, and pollock, nIiow a
larj^e ^ain over that of 18p!2, which also showed a gain of 12i?,877 (iiiintaUovortbat
of 1881, the increase beiu^ largely of codfish from the (iraud UankH. Thy catch of all
kinds of ground tish oil' the New En^tlaud shoru has been light most of tLu8i>a«oii,
The (iraud Bank Uect returne*! from short voyages with full fares, some of thorn tbtj
largest ever known. A general «lepressi«ui in trade, lower prices of provisions, the
revolution in Hayti, restricting the large fon^ign deuutnd ironi that island, with a
largely inoreaw'd catch, have all luid a tendency to depress tli<> market, wliichshoffs
the large «h>cline from $5.50 to $6 of one year ago to ^'MtO an<I |4 a (piiiital at tiw* jin
enttime. The total catch of cured fish by the New England llccts aiiioiiiitcil to
90:<,28;{ (juintals of codlish and 1'S,2Uj quintals of hake and other cheap grades, a(,Miimt i
Gt;3,r)<')4 of cod and 2:15,310 of low grades in 1882. Tlie total catch this Hcasoii is 1,059,41W ]
quintals; gain over 1882, ir)0,5y4 quintals.

Pickled herring. — The domestic receipts show a falling off from last year, tho shore- 1
catch having been less than tho average. This markt^t has at nearly all times lie«n |
well fiuj)plieu from the catch of the I'njvincos, and the receipts liave been the lar<;t'«t
of which wo have any record. Not for many years, if ever, has the market heeiian I
weU supplied with Labrador herring as at tho present. While the size in not as lari^
as the Northeast shore herring, the quality is much superior. The present price is j
only about half that of tho past few years. This fact is of importance to dealers aud
consJimers, especially when the decreastid catch and very small auuiuni of uiackerel
is taken into consideration.

Borherrinif show a large decrease in receipts, and prices have been lunch hinlier
than in 18^2; a reduced catch and increased amount packed as American sardines ac-
coHut for the short supply during a large i)art of the year. Tho fall and winter catch
has been fully an average one. Prices are again very low and the supply ample,

Alewive«. — Receipts vary but little from 1882. A slight gain in both domestic aud ':
foreign.

Salmon. — Daring most of the year the supply was mmlerate and prices roled high,
This season's eaten has been larger and prices are again lower.

Canned fiah. — The canning of fish to an extensive amount dates bock only a few
years, yet, contrary to general expectation, the demand steadily increases, the >
amount packed in New England the past year having only been limited by the catch,
Owing to the small and poor quality of tho mackerel, factories have been oblijjcdto
shut down or pack other tlmn tish products much of the time. Caiuied i^oods from
the Boston factories receivwl many honors at the recent exhibit at Loudon, and,
through that, numerous orders from Australia aud other remote countries. The Amer-
ican-packed sardines grow in favor yearly, judging from the amount packed Tho j
18 factories at Eastport, Mo., packed the past season 200,000 cases of 100 boxes each, ,
two-thirds of them being packed in oil, one-third in mustard aud spices. T..re« ]
thousand barrels of Russian sardines were also packed. These factories alone t^AW !
employment tb 1,200 men and women aud 800 boys aud girls, aud muio 500 lishernieii i
to supply them with fish.

()■' <- varieties of fish products are without special notice, ll « market having heeii |
able to fill orders for all salt-water products, dry, pickled, smoked, canned, or trcsh,at |
nearly all times during tho past year; also supplying the producers ^itb salt, cno|i- ;
erage, hooks, lines, nets, oil-clothing, and all necessary outfit. Of flsliinn-uots, eveijv- ■
thing needed, from those largo and strong enough for porpoises aud sharks '" !"" J
fine linen thread used iu the shad fisheries, are manufactured in this city, suppiymi,'
all parts of the country. . . ,1

The near ienninatum of the Waahtngton ten-year fishing treatii wilh Great liriUm is m j
importance, expiring July 1, 1886. The coming year practically closes any beuenw ,
either country may receive through it. The table on page 25 will be found «' '"'•|' j
est as showing the amount of fish yearly imported tho past ten years. We trust smue
mutually satisCactory arrangement to all interested may bo provided ere the w™!""- j
tion of the treaty, that the harmonious relations of the past ten years may noi w .

AMERICAN FISUERY INTERESTS.

805

ind prices ruled hi;,'b.

hntki'ii. I" ciiHo no ncliuii Ih tukiMi tliu duty uii iiiiportinl IImIi prtxliictH frnin July 1,

1*, will ••«>'"' *«>H«>wm:
Miiikorul, 1 cunt u I'otiiHl ; lit^rriiiti, i>i('klt;<l or Hiilt<><l, oiio-half of 1 cent nponnl;

ulniiiii, jiifklwl, I coat a poimd ; ot Imr tiHli, uickNul, in liiirrclH, I coiit jku* poiiixl.
I'lirtMi'ii-cuoK''' "^''> '"M""'t'*''> *''''^*''^^''**' '''"^" i'* l')irrelH or liaU'-harrDlH, wholhor

fn.HJi 8iiir)iu'il, <• i*''!, Halted, or pi«!kI»Ml, not Hpociully tMiiiinuruttMl or proviclod for in

iliiHiU, 5(»ct'iitM prr KM) pounda.
Ani'hovii^H and Nanlin<>H, packed in oil or otliorwJHO, in liu boxim, niraHurin^ not

iiiort) tliiiii '> iiKlit'H l<»"K» ^ ii><;li«'» wido, antl :<( incheH deep, 10 eentn per wliolo

Imij' in liaU-lioxe.s, nieuanrinK i>'>t more than 5 inehuH lon^, 4 ineluiH wide, an«l 1|

(lri!|), '> ct'nti* eacli ; in quarter boxt^H, nieuHurinj; not more than 4J ineheH lon^, '-^^

inches wide, and li deep, iij cents eaeli; when imported in any other form, 40 per

cent, ml valorem.
FihIi jtretierved in oil, oxoopt unubovieH and uardineH, :U) per cent, ad valorem.
Siiliiuiii uimI all other IIhIi, iirepared or preHerved, and prepared nH^atH of all kiudH,

not Hpeeially enumerated or ]>rovided for in thiit act, '^5 per cent, ad valorem.
Oil.s I'otl-liver, crude or reiinvd Hual. whalu and HhIi oHh, not elHewheru Hpecifiod,

•.SpelMi'llt.
ItisoiirHiid duty to notice the death of two of our luemberH, both of them men of

mark in difl'erent i>ran*he8 «if onr trade.
J.iiiieH Brown, of IJrown, Seavey & Co., died July 17, aged sixty-tlve. For forty

jfure Mr. Urowu was exteuHively engaged in the tinh biiHiucHH, hiH llrm being es-
imially ))roininent in the freHh-tiHli Hue. Ho wait chietly known to his uumy friendu
anili)iisine8H n.«HociateH for hiu Hterling integrity and Hocial dispoHition. Hi.s familiar
face will loiij; be miH.seil.

Eilwiinl Lyon, of Lyon, Dupuy & Co., died at New York, October III, aged forty-
four. Mr. Lyon was born and upent hiH early life in England : after which, for Htiveral
yearH. he lived at Ilayti; from there be came to lioHton and formed the present lirm,
ofwliii'h lit) wan the wsnior member. He alno OHtablished a houH« in New York, mak-
ing liia homo in that city tlio i)a8t few years. Persona' ly he was n«-i; aa well known
to the trade a» bin iirm, they having for the past eleven yeara been very large ex-
portersof linh to the We.-t ludiea.
Ill cloHinj; this rejiort, we return thanks to our many friends ai: I corrcspondent«
that have at all times ho freely assisted us in keening a daily reconl of the tishing in-
dustry. Ill this report we return the result of the year's business, with the couii)li-
mcntiiuf the season and our best wishes for the future.

W. A. WILCOX,

Secretary.

Ikce'n)tB offish by lionton dealers from jorcign and domealic portt, lttd3.

Janoary.

febmar}'.

March.

AprU.

May.

June.

FiHb.

5

s.

2
d
o
,*<

1,207

t

2

i

3,058

314

i

4,704

i

1

i

I

n

a

s

s

1,146

t

I

1

0

a

i

a
1

Hickerel barield..

Hackenl, Boston (1 out,

2,380

1,043

850

208

380

760

10,000

iwpirtej barroU.

I'ltkW... bamiU..
Fnizcn do

247

1,735

160

1,884

800

14

824

249

i,ao7

160

S,3U7
7, 0L"4

129
a (KM

762
137

271

129

239

283

7,506

Mmoii do

114 'ioo

ilc»ives:
Pickled do....

904

23

8
6t

120

1,167
375

'., 6.%
13

3,282
130

. Sinokwl do....

lm\ do....

§i>'l. do....

HrtiiiiiB., smokod, boxe«

flMUT.*, smoked., do....

"M5

1,5C6

364

"508
86

"""so

2, SB9
1, 142

'i'ioo
i.obo

12,0iW

1, iO>

045

32:373
1,03H

'i:63v.

4(10
8J0

3i:757
210

78

1:560

14:246

25:6ci

fw'j'sslUh do....

f^'keral.iiuinod do....

1,493
100

""*47
274

1,056
300
255

6,531

175

60

311

"'tm, canned.. do ...

SO

874

30

130

I 101

l*»'' niilntalB..

Sil-" ...do...

6.764

4, 520

5,541
1,900

7,125
72
02

4,630
010

""Ui

4,387
120
141
100

1,858
76
25

6,704

300

80

8,702

200

26

Wlmt do

^M ido::;;

80

15

^ do.:::

*"•*'

son

AMERICAN FISHERY INTERESrS.

Fl.h.

Markpn*! barn'ln..

MiicktMTl, Uusluii fltxtt,

lnNp4H-ted barreta.

IIvriiiiiiH:

IM>'kl(Hl ilo...

Krozvn ilo...

Kalnioii do...

VickliMl do ..

Smokud du. ..

Trout di»...

Rhfld do

HorriiiKH, ■mokiMl .Imxna
B loatoi H. nniokcd . . . do . . .

Bont'lctm tlHh dn. ..

]|ackor«*l, i'ttnm-<l ..do...
L<)biit<>ni, canuetl . . . do . . .

('odllnli <|uliit>ila.

Ilaku do...

Haddock do...

Pollock do ..

Cuak do...

July.

I

3,814

332

I

Augnat.

r

n

i

a

if

1,508' 0,303 10,870

e,741

14U
3,003

443

8,S71

fl78
1,620

Sei)(rinlM>r.

i

,907

420

80

27, 00a|28, 000 20, S02 10, 82i 70, 078

1. 217
1,404

6,723

007

lOl

208

82

2,748
3,192

2,043
4,019

7,103
3,3US

n

100

H,noo
7, 7:i:i

4U
184
110

3,775

1,078

2(M)

0,8711

•i, S'il

00

40

i
I

18.044

0,123
"288
03

0

100
31,ti81

1.054

0, rm

379

80

250

()(:U>ber.

I

0,007 10,460 2,40a

Novcmbor

I

a

4,909 28,013

80

701
110

s.

i

7,328

1, 555 10, 279

80 ""m

So 840
48, 027,14, 85;t|'J2, 804 lin, 205

4,028 i;i,(rj(l| 1,579

4,840 1 a, IKl'

1,400 TM\ ;),7«5'

I 78' I 174

15, 408 12, 5,^8 i;i, 000 8, mi

D««Miker.

IMMIUJT

115
791

m

4,018
1,1117

SI I

4,078

3ua

101
371
327

RECAPITULATION.

»,a7fll 1,(1781
1, o:i8 9«:

1&, 176

4H7
434

m\.

'A 851 1

IK

PUh.

Mackerel burrcla

MM^kend, Boeton fleet, inapected do..

lieriinea:

I'kklod do..

Froten • • • do..

do..

Balnion .
Alewlvca:

Plcklwl do.

Smoked do.

Trout do

Sha<l do..

IIcrrinjCH, Hmoked boxea

liUmtera, Hiiiokod do..

Itiiiinleaaflah ■, do..

Maitkcrcl, canned do..

IvoltHtom, canned do..,

CodtiHli quintals

Hako do..,

Haddock do..

I'olliKjk do..

Cuak..,.. c do..

NiivcmWr. | Dwniber.

t
I
s

a

0

n

2,493

i,m

i,4Kii,ini

1, 555,10, 27»

80

S23

Jtl.') 8,33} j
731' 3»j

1,571]

»,22,f)04 3n,205
1,579

13,020

2, 1H3

3,785

8' 174.

8i:i,nw)i R,ii);ii^|-6|2,fill

11 0,376l I,U7« 0061 7C

4,0t81l,>aj
1,017'..

ISI'..

81 S)|

i,o:i6

4H7
434

40U|!

1b..

SO

234,040

24,044

20,008

ia,72.'-.

455

104, 1H2

24, flflO

l,»6i

1,341

C26

l,5l4

54.5

233,5)7

3,l!l«

l,.'iSfl

m

13,UT«

5!l,:«i7

2,075

1,(177

"., 10«

50

AMKKICAN FISHERY IN? £HKBT8.
liak reoeivvd bj/ Uvtlon dealjra, IbTO-ltitU.

KUk.

l(.*erel b«n*U..

Uar ?rcUI«<*4<»irtovt, bar-
rel"

IIi.irlii|!« Urrcta..

Alfwircii do....

Salmon flo...

Trout <lo...

n,TTto|f , imokcMl . . b«xe« . .

IlllHtim, HNUlkMl — ilo ...

IkI (pilnfala..

ILiku ilo...

HaiWnfk .«lo

PolliKk *lo...

Cnik do ...

SIikI Iwrrehi..

BoHk'Htltb l>ox«M..

im.

t

I

93,818

40, 413

7W
145

20>, 47»

33.077

12M, »n

27, MO

», 16ft

I.MW

2,059

0,016

>84, 213

30, tm
ft, 727
ft,H«8
1,437

16H,87U

■ii.M!)

6,610

022

3, 4.-17

212

8,042

e
H

167,444

06,844

(i, 522

0,013

1,487

460, 310

23, 077

150, eui

83, 870
10. 077
ft, 086
2.271
8,042
6b 016

IMO.

262, 483

2(1, 603

124, 33H

32, 222

0,172

1,523

1, 362

»,Me

F

In

105, 730

20,310
6,Ot42

2, 8:«J

eori

118,116

30, iii

8,81')
070

3, 702
187

1, 07S
64

196,408

M,809

7,088

2,802

608

443, 507

20, 603

10:i, 4he

41,032

10, 148

4,285

1,540

1,075

9^760

I

Fiah.

Hickerel br.rrels.

Mackcnl, IhMton fl«)Ot do...

UertiniiA do...

Alrwives do...

Salmon .........do...

Trout do.

llfnlDi!, Binnked boMA.

I Bloattrn, Biuoked do...

i M qaintAla.

Hike do...

: Httklork..... do...

Pollock do...

Cmk do...

UU barrels.

Inwleuflih WxM.

1883.

is-

is

44,186

83, 17*

10, 678

1,120

2,144

250,701

30,541

80,207

20,625

9,288

056

1,604

30

11,833

is

e

?37, 610

41,0<8

0,600

1,600

1,84ft

440, OHO

6,066

60, f.78

0,434

1,081

2,120

104

1,245

lOT

I

104,977

52,500

10,828

;i, H34

1,845

708, 870

35,617
130, 875

39, 050
4,260
8,076
1,608
1,271

11. MO

1881.

20, 610
125, 4W)

41,021
5,702
1,773
1,409

U,2«8

44.006

8,104

1,007

1,147

274,592

810

66,852

7,001

3, 020

88

1, 152

818

1888.

ISO, 808

144,431

0. 120

2,126

1,200

2.34, 040

24,044

104, 182

21,660

1,963

1,341

626

60

90,908

176

6,226

84,650

10,650

3,216

1,584

Wl, 547

3,106

6'», 367

2,075

1,077

1,108

60

«. Ex. 113 57

897

904,020

66,008

10,288
i,9n
1,H7
013, 418

30,42i
182, :t02

4H,U32
7,488
4,7D!i
1,807
1,1M

140,469

03,770

12,775

4,416

1,584

467, 687

28, 140

103,040

26,744

8,030

2,440

670

695

M.8M

..fei-ii4tiij.;«

808

AMEKICAN FlSlIEltY INTEUE8TS.

Peitort of some of the " high Hner$" of Ihe Nno England mackerel a'ld codrmk Ap^i.

ion 1883. •' '' '>

Ma

UACKKUEL YUSBLI.8.

Schooners.

ICiIwanl K. Wvbat«T, Glouooator .....

NoIIioN. Itowo, Glouoc'iitor

Voluutoer

Wni. M. Gafferey, Oluuooster.*

Ijfiona

Abble M. DoeriuK. Portliuid, Mo..>.
>'anoi(< A. HpurlinK. I'orUand, Me...

KlMioM.Sinlt.il, I'ortlaiid. Me

Klizalirth \V. Smltii, I'ortland, Me..

KUen W. Sawv^r. rorUaod, Me

Ncpnnnet, BohIoii

C. II. KoUoy, UoMUin

M B. Tower, Koaton

Mertin Sc. Delmar, Soath Cbatham ..

Willie Irvini;, Soath Cliatbam

Alice, I'l-cvliiectrtwn

IlattinI). LlnncU, Provtncotown ...
A. K. }It<rrick, Bwnii'a IMnud, Me...

Maud M. Stort'v, Rofikport

Mary E Whorf; Welllleot

liOttlo Ilopkiua, North Uavcni. Mo..
H. D. lVrkln«. North Hav«n, Mo ...
]U)U('r Williama, North llaveri, Me .

Amy VVixon, North llHvcn, Mo

Alien Fos, North Ilavpn, Me ..r....

Sea Foam, North Haven, Mo.

Willie Parkmnn, North Havon, Me.

Onala, North Haven, Me

V. II. Smith, North Ilaven, Mo

^land H., North Haven, Mo

Kbt'n Dale, North Havrn, Mo

Lonia ii. Koxio, UchithlUiy, Mo

Cynoaure, ItooUi Bay, Me

Froah, Pickled. Kii^t

Barreli.

800

1, OO.-)
000

ouo

600

SarrtU.
2,100

1,200
OliO
004

1,044

1,600

1,200

000

1,240

i.m

702
610
840
800

1,050
000
KUO

1,040
050
720

000

'»2.'i.7OO00
'24,7MI m

12, WHIM
'UWfltr.
'ri.llliowi

l.),8Wlw

i3,3;.iM)

1" '.'i;l lj:i
O.SIllKl

O.l I

'II,,'-.

7,'.'ftH(l

H.i'.lHilll

1U,4UII(«I
'l2,(«)t)W
•10,300 M
12.380 M
D.OWdit ■
e, 100 00
H,.MOW
0, 200 00 ;
COCOM
7,000 III ■
f>, lioo On j
7,:ioowi!
7,woo«l

«,f)«0 0o
7,700 00 '
«,2*) W)
7,21)0 1« I
J3,5.'i4 50 :
Ii,(lllo0o{

• Net.

•OroM.

CODFISH VESSELS.

Schooner.

One&re.

Llaile W. Malbeaou, Provincetown

Willie MrKajr, Provinootown

I^eon Swift, Provlnc«'town

John A. Matheann, Provincetown

I.«iirejce A. McKenisin, Provincetown. .

L. A. Oront, Provincetown

Dsile Colby, Provincetown

Jennie X. Matheaon, Provincetown. ...

4,300
4 10O

a, 800

8,800
8,800
8,200
8,000

Schooner.

Onefue,]

E<lith Mclntire, Provincotiiwn ....
<;arrio W. Clark, Pnivincetown ...

■J'.illin Swift, Provlncotown

Mary Mathenon, Provincetown....
William Matlii.wi?!, Provinretuwn .
'}. W. Bentlcy, Provincolown — .
H. M. Simnio'na, Provincetown....
N. E. Symonda, Buoksport Me

Qui'n'Aii,

:i,oo«j
■.' m j
.', w>() j
■-■, I'l* j

2.WJJ
.',4M)1
2,R«|
2,!M)1

s.

ml a'idmlfiiihjlnlt,m

i»h. rii^kled. Stock.

rreli.

8U0

1, OCi
000

euo

Barreit.
2,160

1,2110
OliO
004

1,044

1,600

1,200
000

500

1,240

1,<|A0
702
flIO
840
800

1,050
900
K90

1,040
050
720

900

'♦2.'., 700 00
'24,700 0(1
12,000 00
'12,000 09 j

'ri,otiooo '

1.1, 8K0;)

10, 201 on '
lUTOW

0, con I'D

'11,V"W|

7, J/i HI

14, 111 I

H),4i«iM

'12,1"' 1

•lO.IMiiH)

12,;!-ii(.i

D,|ii«)i>i
8, 100 110 j

K.rioooii

f],2l«0i)

6, m w

7,000 l>l
fi,8OO0oi
7,300 l«j
7,NI0W!
8, coo Oil I
7,TOO0O]
((,200 00 1
7,200 00 J
U 554 so I
8,000 00]

«GroM.

K)Der.

Onofue.]

px»vincct4iwn J'^,

n.vlncetown -™1

iKKtown :;™1

mviiioetown ; ,-;;™|

,I>rovinwlo«n ^ .^JWj

ovincHtown | .-'^l

lovlucettiwn j jj*'

ick«i)ortMo *'

AMERICAN FISHERY INTERESTS. 899

jimunt 0/ innpectcd barrch New England mackerel, packed ct home porta and southern
catch, OB reported to the Ho»(<m liah Bureau, 1883.

Ports.

North-
east
Hhore
tteet.

NorUi
Bay
fleet

South-
ern
fleet.

ToUl
iium-
Ikt of
sail.

Total
number

of
crow.

North-

eaat

nhoro

catch.

North

Kay

catch.

Konthem
catch.

ToUl
catch.

It/Mtiin'

12
6
1
1

2

8

22
5

1

n

b

ino

2

15
2
7

!I7

308
71
11
80
70
2,324
28

240
28
75

650

Ifuipteted

barrelt.

20, 431

2,400

150

2,000

025

71,550

Tntpectfd

barrelt.

10,000

IntpeeUd

barrelt.
5,000

IntpeeUd

barrelt.

44,431

2.400

150

South Cbntliftin ...

6
5

8U

1
1

1,160

350

5,000

4,050
076

(iloncontcr'

Ncwl)iirypi)rt' —

85
1

14
2
«

87

61

10,260

02,810

8,030

260

9,180

I'lvninnth'

1

WoUf cftt

14,800

14,800

XotAl

114

64

100 I 268 1 7, 385

1.10, 705

20.288

11,760

18e,8U

Maine:

lioothHay

Hrist^tl*

4
1

a

2

1

2

32
5

1
1

10

14
1
3
2
2
14
88
6
0
2

212
15
42
20
28

100

000
74

128
27

7,484

480

7.904

1

Kiwlport* • .

i

6

I
11

>o:t illavon'

i'ortlAnd' .........

270

200

45,000
1,740

2.400

47,400

1,740

300

Swau'« Island •

Vjnalllaveu'

Total

2

e
1

300
200

200

62

0

29

00

1,340

64,224 2,400

1,260

67,874

ToUl cateli of New
£DglaDiltlrot:

1883

106

223
2US

03

129

119

»3

358
842
208

6,134
6, OKI
4,258

185,019
829,874
364,253

28,686

ROOO
40, 180
27,404

226,685

1(W2

878,863
301,657

1881

■ Tncliulea TMa<>ls from other porta.

' Vosaela packed out part or all of catch at otki^r porta.

itiiore tf»{ mrntionecl only flahod off the Northeast shore. The Bay aad Southern flaetalito flahed

lbttepart(jritiuBoaaon.

900 AMEttlCAN FISHERY INTERESTS.

IftV! England fleet catch of cod and oihir gronudJl»k landrd at home pork as rfim,i^ , I

«(>

MMMMlMBetUi

Boston'

Bevei4w«

CLuuiMa'

Boat&rH»tham> ..
Koath I>BTtraoath .

Kairb«T«n*

(MoiioMter**

tSonth Harwich....

KiDsatoa

UarolehcMl

ProviDoetown' ....

Plymottth

Rockport*' ,

Total.

Mflino:

Ikwth B»y

liuokAPort

BMsUarbor*

Rremca

BristoT*

CranbMTy Isle.....

C«p« PoTpolMJ*

I)eerrf«lf>»

Kaiitport*

E!ls':rorth

Friendship

QeorRetowB *■■

Ilanww«ll

IforttiH»ren** ....

Lamoine

Orland

Portland*

Pemagnid*

Port Clyde*

Swan'H Island**....
Ktmthweat Harbor .

Southport'*

SotlRwfck

Vinal Harcn*

Winter llorbor ....

Total.

Total New Enf'and fleet t

1883

1883

1881

■Q a

"A
111

2

e
1
1
1
1

162
1
2
1

74
8
3

348

3

6

»

28

7a

822
815
208

1

W

160

TO

27

e

3

5

17

5
80

10
«

11
7

80
1
8
S

e

28

202

421

377
336

8

12
8
3
1
2
288
1
2
1

74
3

10

408

27
7

27
8
5
5

17
B

28
8

au

«

u

10
6
0

1

2

s

0

7

4

20

338

746
DOS
004

2

o

o
H

HO
ii)4
1»7

30
0

41

13
S6
13
1,110
25
135

rg a

5,210

220
01

180
02
40
fiO

107

:t5

500
44

ir>o

42
00
128
08
I'.'O
700
IflO

ao

72

70
128

50
148

50

3,385

8.601
7,710
6,402

i

o
«

M-^ a

8,000
1,000

i,2.')0

l.WIO

32.1, 000

2, 6<.0

t,2(KI

141, ©."iO

3, 000

8UU

^ s l"

y

017

1,000 I
6,600!

1,30(P
2.52, (K)fl ;

5,500

'Mi

" i.iii

i'HM

yn

1,;
iiijjij

3,0

487.700 267,900 1 ^M

8,800: e.MXI

ll,,»00

5,™

2,875 1,41.'!

1,500 485

1 4,0fl{

I 5,000

! 300

3, BOO I 10, m

3,500 I

I 8,5M

»,148

".3

1,100
11,800
10,840
20,000

10,800

5,000

560

90.075

578,7.15
474. 078
355,640

»,4(tu
«,150

ll.iJOl

l<iMI

102,000
7,000
1,275
1,701)
,'.,000
1,750

MM

im

UN

\m

12,551

21,300
1,750

■JI,-4(

1,:.^

.^'4\ M,'i

482,063
424,826
419,387

l,«l,i
'"5,0

' Landed fktrca at other portn.

^ Part of the cat<'h lamU'd at other porta.

* Catch of araall iioatit and number of flHhernien included.

*Keoeipt«of vewela from other portn included.

'Halibut reaaela included ; oatoh, 7,30.^, l;<3 pounds.

*Indade« north bay fleet, 14 sail and 11, 000 qointals.

AMERICAN FISHERY INTERESTS.

901

me ports, o« rpjwied lo

a

5-1

0

u

«

§1*

S-,0

•0"?

„3

^iu

OP

i

o

H

'h'.m

""i.'mo

i 9,'6M

1,000

6, two

1 ".6«|

1,21)0

1 ] 25

1,(K)0

l,30(t

' im

ii-<, eno

2r.:;,9«fl

• iUM

5,500

l,3i
2,(
l,i
141,1
3,t

187, 700

287,000 i

755, M

8, 800 :

:

9, MO

1»,30

lb, 000

lU.W

5,7;j0

5,73

2,875 !

l,4lfi

4,21

1,500 1

485

1.98

4,ooe

4,00

!

;,flo«

5,91

1

300

3«

8,500

10,0(M

2-:,5C

3,500

3,51

8,9«0

11,51

»,148

3,H

9,4«0

:i,4(

«, 150 i

102, m

7, 0()(>
1,275
1,700

.^oflo

1,750

11,1
! 10,f

! It'

21,300
1,730

2;:;,j?H 306, «

4R2,0fl.1
424,826
419,387

1,061,1

Vrke of mackerel in Maasachuiettn, per barrel, of each grade of2nckled mackerel in iikefir$i
' week of September from 1830 to 1883.

[Comptlocl from the report of U. S. CominiHHionor of Fish and Fisheries. ]

Year.

Nal.

No. 2.

Ko. 3.

92 62
2 62
2 75

2 85

3 35

4 00

5 00

4 12

5 50
7 00
5 50
0 00

4 00
0 OO

5 50
fl 87

3 87

4 25
3 37
3 50

5 00
5 12
5 75

7 50

5 00

6 25
6 00

8 .50
8 50
8 50

Year.

Ko.1.

Nal

Na3.

«5 00
5 75
5 00
5 72
5 72
7 00
9 00
7 75

11 00

12 50
12 75

12 00

9 no

10 12
9 50

13 00
9 12

13 75
9 00

12 00
10 12

10 00
9 00

11 50
15 00

10 00

13 00

15 00

16 54)

14 50

$4 50
4 75
4 00
4 72
4 72
II 00

8 00
0 50

9 25
10 50
IM .50
10 00

0 00
8 12

7 50

10 50
(i 25

8 25

6 00

7 00

8 12
0 50

7 00
E .50

12 25

11 00

8 00

12 .50
12 60
12 50

1860

|16 00

8 50

8 25

14 00

30 00

22 00

22 75
17 00

17 00
38 04»
91 50

23 00

10 00

11 35
11 50
14 .50

14 75
20 00

15 00

13 26

14 00

16 25

15 00

16 50

18 00
16 00
14 00
14 00
18 00
20 00

$8 se

4 50

6 00
9 25

20 00
15 00
13 25

12 25

13 00
11 SO

11 00
9 75

7 60

7 as

9 35
9 60

12 35
12 3»

8 OO

9 00

11 00

10 35
6 75

12 60
8 00

5 00
70«

6 00

11 00

14 00

$5 00

1801

2 76

1862

4 SO

1803

0 50

1864

1806

9 75

laM ....••>>

1860

1W7 ........

1H67

7 SO

iHia ... ..■■••

1868

IMO ....•-..

1830

Ifllll .........

1870, bay

lilJI .........

1870, shore

law

1871, hay

6 60

iim

1871, shore

6 25

1872, hay

7 00

1 872, sliore

1873 bay

e 00

IgjJ

1873, shore

i;^

1874, bay

7 00

tfllO

1874, shore

7 00

iKn

187,"., bay

)g51

1875, shore

7 50

1852 V

1(53

1676

1H77

6 60
8 00

1J54

1878

500

]j55

1H79

8 00

IKSli

im) ,

4 00

1J57

1M81

4 00

18S(i

1882

8 00

1859

1883

10 50

Tonnage of vessels of the United States employed in the icliale, cod, and mackerel fisheriea

from 184iO to 1882, inclusive.

[From the IlKures eolitaiiicd in the annual report of tlie Kexiflter of the Troaanry.]

Year ending June 30—

IW.,

Ml.,

i W..

m..
\m.

[ISJi
jlW
llM?.

m.
m.
m.
\m.

liC2

mi

IK,
Wi.
1*77.

il«J.

[m.

m.

Whale

Cod

Mackerel

Total.

flsherica.

fisheritta.

fisheries.

Ttmt.

Tons.

Tont.

Tons.

106, Ml

IM, 053

26,111

38»,6C5

145,734

137, 846

54,795

330, 375

117,714

133, 601

80,596

331,011

9I»,!!«8

117,890

5l,frl»

J67,537

85,145

103, 743

55,409

354,386

Wl, 516

66, 1R5

41

106,910

105, 170

51.642

40, '

203. 401

02, 384

44.567

31. 4U8

128.449

71,343

83.887

155, 230

70, 202

62. 704

132,906

67, 9.54

01,460

159,414

61,400

92, 865

154, 3,55

51,008

07.645

149, 155

44, 755

109. 610

154, 274

39,108

78,290

1 17. 398

38, 229

80,207

118,436

39, lie

o7.802

126, 918

40, 503

91.085

131. 678

39, 700

86,647

120, 247

40, 028

79.885

119,913

38, 408

77,538

115.940

38, 651

70. 137

114,688

32, 802

77,

B63

110,665

' The tonnago for 1865 and 1860 is partly by new mcasurempnt and partly by old.
S0T(._Tlie in««ltfln>l lic^nno.-t l^ave not been Ismiwl separately since 1867. when B general fishing
•iwiisewM providod to ntplsce coil and ntaclteret Uslierlcs.

^ixl

902

AMERICAN FISHERY INTERESTS.

The following table ban been proparcd from tbo annual report of tlio Rnreau of
Statistics of tbo Treasnry Dep, Ttniont, and aro haHed on tbe cnHtoni-house returns

Attention may be called to the importation duty free of I()9,737,4ii0 pounds of fresh
fish, valued at (^3,'242,5(>(i. Nearly all of tbis canio froni Canada under tlio treaty of
Washington. ''

The exports have constantly increased in quantity and value, due, doubtless in
some degree to tbe successful participation of tbo United States in the Inteiua-
tional Fishery Exhibitions held in Europe,

Statialics of the imports of fmh and fiah-oil for ten yearn ending June :W, 1»;82.
|By Charles W. Smlloy, U. 8. FlahCommiHsloD.J

FKKR OF DUTY.

Flsli, notof Anipriran flHh«ii«-8:

Fresh, of alt klDilH..p<iuuil8..

Ilnninx, picklrd. . . .Imrn-U .

Mackerel, pickled du

OilH :

Whale or flxh, notof Ameri-
can flnlierieH Ki^llonH..

nUTIAIII.R.

Fiah. not of Amerirnn fiNli(>rieA:

lierrincB I)«rrel8 . .

Mackerel tlo —

Oils:

Whale and fish, not of Ameri-
can fisheries gallons..

1873.

8,rafl,27»

08,082
))U,88»

S23, 012

1874.

9, 587, R05
SI, 428

105, 448

31, 128
19U

220,628

1876.

IS. .108, 700
70, 703
77, 470

277, 730

21, .581
60

115, (W4

ll>70.

10, 723, 210
87, .'i.'M
7(1, Ml

103,184

17,268
7

102,883

18"7. 1S78,

7,7nr),9«i

(i:i,280

i;)8,708

61,882

FRKB OF DUTf.

Fish, not of American flslierier :

Fresh, of gU kinds ponnds..

pon
HerriiiK, pickled barrels..

Oils:

Macken*

ptcKi
1, pie

kltMl

.do....

Whale or fish, notof American flsh-
erioH gallons..

DUTIABLR.

Fish, not of American flnherie* :

Ilerrint; barrels..

Mackerel do —

Oils:

Whale and fish, not of American fish-
eriea galloiu..

1879.

8, 432. 835

66,732

101,420

182,025

18,^.10
2

ff.SOO

1880.

10,701.307

40,723

112,408

407,410

20,108

02,819

1881.

12, 07.1, 701

04,811

120,288

568,000

30, 987
9

140,410

1882.

15,893,849
7«, lae
58,279

337,078

30,001
104

209,051

!*,082
102,148

,111,091

15, M2
6

Total.

109,737,420

674,50*
781, 182 j

'',491,«7

281,250
91,340

1,315,287

lort of the Bureau of
Htoni-lionse rotnrns,
i7,420 pounds of fresh
A under the treaty of

110, due, doubtless, iu
iUtcs iu the Inteiua-

g June 30, 11:82.

AMERICAN FISHERY INTERESTS.

Statihtica of the fisheries of the United States in 1880.
[From tbe Coropondiam of tlio Tenth Censua.]

903

states anil Tcrrltorlrd.

The Unitril Statoa

X,.w Kiidand States ............ . . . . . .

Miilille States, eif.lnsivo of G real Lake

lishiTica

Siiillicin Atlantic States

Dnll'Sliiles

Parilii' Statos and Territories

Great Laken

AUlania --•

AlasH •

i';i!il(iiniiv

(iiniiii'licut

lirl;i« arc ■

Fliiiiihi

Iniir^lia '

llliiiiiia

IiiilbinA

Loiii<kiiiu

Maini'

Mmliinil

Massac liitsetts

Miclii :«in

MinmMita

MiMii«si)ipi

New l];iiiip»hiro

Ni'vr .Icrsey

XewYiiik ,

North Carolina

Ohio

Iton

ntiisjlvania

libmle Island

S<iiiih Carolina

Tfs.is

Virniiii,v

Washington

Wiscoasin

Grand total.

I'ersons
employed.

Jfumber.
181,426

$.t7, 055, 340

;}7, (Vis

14,081
r>'2, 418

5.131
10, 8U.'I

5,050

Capital in-
vested.

10,037,607

4, 426, 078
8,951,722
54i5, 584
2, 748, 383
1, 346, 07?

635

,28,200

r>, 130

447,000

3,004

1,130.075

3,131

1,421,020

1, 079

268,231

2,480

406,117

809

78, 770

300

83, 400

.V2

2», 360

1,6»7

93, 621

ll.OfI

3, 375, 984

26, 008

0, 342, 443

20,117

14, 334, 450

1,781

442, 065

35

10, 160

186

S,800

414

200, 465

6, 220

1, 492, 202

7,206

2, 620, 685

.5, 274

:m, 561

1,046

473,800

6,836

1,131,350

652

1 19, 810

2,310

Siki, 678

1,005

C6, 275

001

42,400

18,864

1,914,119

744

30, 3!)8

800

222, «40

$43,046,053

Value of
products.

14, 270, 303

8, 076, 579
0. 602, 737
1, 227, .'544
7, 484, 750
1, 784, 060

1:9, 275

2, 661, 640

1,860,714

1, 450, 800

007, 605

643,227

110,993

60,100

32, 740

392, 610

3, 614, 178
6,221,715
8,141,750

716, 170

i>, 200

22,540

176,684

3, 170, 589

4, 380, 56t>
845, 595
618,420

2, 781, 024
320, 060
880, 91 »
212, 482
128, 300

3, 124, 444
181, ?72
253,100

Persons employed.

Fisbonnen.

Number.
101, 684

20, 8;i8

12,584
38, 774

4, 382
11,013

4,403

545

6,eoo

2, 089

2,585

1,662

2,284

809

205

45

1,,100

8,110

15, 873

17, 165

1,600

30

110

376

6,659

6,660

4,729

025

2,795

.511

1,602

964

491

16, 051

729

730

Shoresmen.

Number.
29,742

7,205

2,397
13,644

749
5,100

657

90

130

1,005

.546

317

106

00

35

7

207

2,001

10, 135

2, 0.52

181

5

76

38

561

1,616

545

121

4,040

41

708

41

110

2,813

15

70

•l U

p

004 AMERICAN FIBHERY INTERESTS.

SlafiaUoa of ihe fiahfriet of I he VviUd Stales in 1880— Continued.
[From the Comvendiom of tho Tenth Coniiis.]

8ut«a and Torritoriea.

Tho United Stated

New EiiKland StatM —

Mld"HoStat4>»,exclu8lvi>

of Cireat I^nko flaherion'

Houthorn AtlimticStAtea

(•ulfRlaten

I>iic1flo StatoJi and Ter-

ritoriM

Great Lakes

Apparatus and capital.

Vesads.

No.

6,005

Alaliaroa

AhMka

California

Connecticut

Delaware

Florida

Oeoifcia

IlUooiA

Indiana

Loaiaiana

Maine

Harj-land

MaiMm-iiusetta . . .

MichiKRii

MiniifHoLa.

MiBHiHSippi

New Hainpshire..

New Jflrsey

New York

North Carolina...
Ohio

OreKou

Penniiylvania

RbOiifl Island ....
South Carolina...

Texa«

Vfrginia

Waahinicton

Wisconsin

2,000

1,210

3,014

197

U
02

24

49

201

09

124

1

8

1

40

606

1.4r>0

1.094

38

1

23
SOO
541

OS
B

li

n

22

1,446

7

11

Tonnage.

208. 207. 8J

113,602.50

Vi, 566. 03

6(), K><a 15

8,000.80

5. 46.1. 42
1. 708. 87

317.20

5, 24(1 80

(». 2l.\ 05

1,220.00

2, 1.52. 97

12. 00

200. 73

21.90

•MO. 69

17, 0:)2. 65

4:1, .''KM. 00

S:\, 232. 17

UI4. 42

33.60

!,019.08
10, 445. 90
11,582.51

1, 457. 90
359.51

331.90

2,502.77

337.32

1.5, 57& 88
216. 62
220.25

Value.

♦9,857.282

4,562,131

l,n«2,000

2, 37,5, 450

SU8, 051

546, 4.50
1K3,200

14,685

5.1.5, 3.50
514,050

r,i, 600

272, 645

450

8,500

2, .500

20,821

633, .542

1,7,50,000

3, 171,189

08, .500

5,000

51, .500

545,900

777,600

39,000

38,400

10,500

101,850

15,000

571.006
11,100
20,700

Boata.

No.

44,804

14,787

8,293

i;i,.Tll

1,252

5.!M7
1,694

119

3,000
H.53

1,173
839

1, 0.')8
358
101

15

105

5,920

2, 825
6,740

4.54

10

58

211

4,005

.-),441

2,714

487

],,100

156

734

501

167

6,018

334

31U

Value.

Valne of

minor appn.

ratus and

outfits.

$2, 465, 303

730,970

546,647

040, 508

60,173

404, 695
8:1,400

10,215

60,000

91, 485

73, 585

32. 227

28, 608

1.5,425

2,000

1,050

4,80C

24.5, 624

180,448

351, 736

10, 345

900

4,600

7,780

223,963

280, 885

123, 175

29, 830

240,000

1.3,272

61,245

9,790

15,000

292,720

0,010

24, 975

$8,145,261

5, 038, 171

674,951

1,H5,H7H

52,823

407,238
Vie,2U0

7,000

7,000

20.5,840

375, 535

70, 324

39,927

18,445

n,w«i

20,210

18,000

934,693

207, 145

3, .528, 925

272,920

.1,700

1,800

00,385

232,330

100,200

225,436

251, 705

24,5,750

40,838

138, 733

2.5,985

4,400

569,763

8,648

145, 105

Othor o,ip.
ital, inchiil.
Inu shore
proijcriy.

»17,987,413

9,5»;,335

1,8*!, 4M

4,789,RiC

134,5:;;

l,330.Wl
11:1, IT.i

6,«HI

3f!0,lMI

307,000

457, RV)

113, (IMI

66,0:1;

45, W

6l,0iHi

5,0110

5il,«iO

l,562,ffi

4,108,0

m,m
m

2,600

490,001)

l.l'l.W
lll<,9:i0
151, "i
639, (WW
h!>.M
204,850
15,500
21,000
4n),«3ll
4,000
26.000

AMERICAN PISnEtlY INtRRESTS.

ikKt

Valne of

mlDor appit'

ratuR and

outflu.

B, 038, 171

874,951

1,145,878
52,823

407,2.18
Vie, 200

Othpr cap-
ital, indiiil
ine shore
proiMTty,

$17,987,413

7,000

7,000

205,840

375,535

70,324

39,927

18,445

11,900

20,210

18,000

9:i4, 593

297, 145

3,528,925

272,920

,1,700

1,600

00,385

232,339

190,200

225,436

253,795

245,750

40.538

138,733

25,9a5

4,400

560,763

8,648

145, 165

9,597,335

l,8*;,4f«
4,789,886

1,330,000
113,175

380,000

301,000

457,8.10

113,0$0

65,0:i;

45,450

61,000

5,000

50,000

1,562,235

4,108,850

7,282,6110

60,900

500

2,600

80,800

490,000

1,171,900

118, 9S0

151,775

039,000

55,500

2(14,850

15,500

23,000

489.636

4,000

26,000

Statidtica of the finTieriea of the United States in 1880— Continnod.
[From the Compflndinm of tbe Tenth Oeniua.]

Slatw anil Tcrritortoa.

The Uiiitwl State*..

Xiw EiiL'lanrt St.itcB

Midilii' StnlcH, j'xdiiHlvo

(il Dicnt I-akc tlMlirrieu.
SiiullicriiAlliuilii' Stiitcs

fiiiirSt.iU'S .-i,--, •

I'aoific Statt'H hikI Torri-

WW*.

(Iroal I-!>ken

Aliiliamft

AlnsU

California

Couni'Ctii'Ut

IlflilWIllO

Kloriila

IJrtiraia

Illinois

Indiana

Loiiiiiaua

M;\im'

Marjlaiiil

UlKSUChUHt'ttH

Michi^nu

lljlllJCKltA

mssisftippi

Kf» lliiinipshiri)

X«w .Ici-soy

.Ne^Ydik

Xorlht'aiollim

Ohio

Ofjion

IVniisvlvania

r,li'i.lc I.sliinil

South CaioUna

Texa.s

Virsinia

W«ghiii|»t'>n

WiiKMiiiaiii

122,406,018 $3,323,043

Value of prcxlnctn by tlHlieriea.

nenoral
flHheriofi,

Whale

flHhury.

$2,380,813

10,014,045

2, 882, 294

2, 217. 707

7i;i,501

4, 702, 638
1,784,050

1.

74,325

(504, 040

341, ai4

353,887

309. 020

■128, 527

84, 1)03

Ot), 100

32, 740

I!l2,ftl0

576, «78

470, a8«

581,2(14

7141, 170

8,200

12, MO

170, «W4

MO. 678

680,357

785, 287

518,420

770, 724

132, 550

:i02.2t2

102, 482

81,000

(102, 2;i9

luu.eoo

25:1, 100

2, 121, 385
408

202, 150

500

201,(150

32, 048

2, 089, 337

408

Rf^al
fl»h«rv.

111,801

2, 177, 062

2, 006, 500

15,750

111,851

4,300

61,442

Henlihilon
llnhery.

$2, 110, 78'/

Oy»ter

flHhcry.

|!3,403,852

MU, 722

1,201,885
31.5, 680

250, 205
»41

11,851
61,760

140,280
1, 114,158

221, 748

303.820

1,478,900

4, .532. 000

7, 068, 852

313, 200

10,000

44,090

672, 875

087, 725

15, ISO

80,000

200, 000

37,500

4, 730, 476

405, 560

10,000

0,050

2, 080, 625

1, 577, 050

00,000

187,500

356, 025

20,000

47,S00

2, 2 1 8,, ■178

10,000

RpoDKO
flHliery.

Mnrin*
Hitlt in-
dustry.

1200,750 $.105, RW
3,80(1

200, 750

302,000

200, 750

302,000

3,800

Tenth Annual Rrpout ok thk Boston Fish Hurkau, Januaka', 1885.

REPOKT.

'■ Okwc* OK Boston Fish BuKKAU,

Jioaton, January 1, 188.'>.

Tlioyear which has jtiRt cloaert lins proved one of ponfiiil dppression in all Uiich of
tra(l(!; jiiid when to this is added an unnrecodimted yield in all food prodncts, a low
wii([e of values has been the rnle. Fish and the flf»h trade has proved no exception.
Wliilo to tlu! prodncors or fishermen and those interested with them this has been
jmductivo of greater or less losses, still the distributors or dealers may be said to
liave enjoyed a fairly successful season. Working generally on low values the qnaiiti-
tiM moved have been largo, and business in this line has been done witli a ftir share
"iprniit. Low prices have encouraged consumption, which has taken oft' stocks as
"ifj liavt) been plaonl on the markets, and with but few exceptions stocks are well
ri'iluewl and fairly in hand *'or the coming season.

I KtHfinninjT with large and 8ucc(^88fnl southern herring fisheries, we have ha<l it fol-
j Will by the most successful inaekend and codfish lisherics, as regards yield or prwluct
I 'Mtlmve ever been recorded. While the foregoing is true as pertains to the work
I "I our New England tishormou, and in some lines to those of Nova Scotia, the Prince
wnrd Island, Newfoundland, and Labrador fisheries may be considered as partial

J" 'wnio liiies the yield has been far below an average, imt in the general heavy
i «Kii (ir prodnctiott theco shortages have been more than made up.

■ m

90fi

AMEttlCAN FIsnEllY INTERESTS.

Macktrcl.—Tho deA't ongageA in this pursuit RtUiii and Btartod at tUo uHual time
anil for a timo f li« early catch was a fairly payirj? ono. '

Tho quality of tlio oiirly caught linh was but ordinary and tho size incdiiim ami
Hniall; tho general run of th« mackerel taken by our Now England licet was Hniall
not more than one-quarter, at any time, being of good Biro ; when in coiinoctionwitli
thin iH taken the fact of ono of tho largest catchoa of mackorel ever known, it isiint
to be wondered at that |>rice8 should soon rt^ach a point at which tho fisiieriiipn wcro
nnablu to find any profit in the buHiness for tlicniHelvoH or thomi intcrcHti'd witii tliciii.
This run of smiill fish appears to have extended along tho Nova Scotia Hliori-H, tlui
only points yielding largo and fat fish being Princo Edward Island and Ilay lislierics
NotwitliHtanding the enormous yield of tho fishery, prices have been well maintaiiieii
and stocks are well rediicod.

First sales of uninspected salt mackerel were at §10 for large and fl for Hinall jior
barrel, selling in Juno at $2.50, $r>, and |G.50 without barrel for small, luediiiiii, and

Edward Island has been much sniallor than that of last year ; first receipts from )lii'
island were on August 2, fish of jjood size, soiling at $11. Tho general run oftlio
fish from tho island has been fair in size nnd they have ruled from $3 to §12 foriin-
culled ; $8 to |11.50 for No. ".J's ; $10 to 14 for No. 'i's ; and $i:} ♦.) $17 for No. I's diiriiij;
tho season. No stock has been carried over.

Nova Scotia mackerel have boon nioro like those taken by our own fiNliPniun, as
regards size and condition; but few fat mackerel from this source; large It's Jiaw
ruled from $(5..'>0 to $8.r>0 during tho season.

Codflnh. — In this articdo we have to note a largo ^yield, and consequently low prircs
have lioen tho rule for tho season. With a yield of' 1,001, UOU quintals of coilti.sii alniii',
it might reasonably be expected that prices should seek a level with those of otliir
food products in which tho yield has been large,

At the beginning of tho year prices ranged at $3.50 for largo dry Bank and ^) fur
medium; $3.25 for largo picklo-cured and $2..50 for medium per (luiiital, but at tlie
close the samo grades of fish were selling at $2.50 for largo dry and $2 for medium;
$2 for large pickle-cnrcd and $2 for medium jw^r quintal, which is below the cost (if
production. While tho yield of codtish has been so heavy, that of hako has beiii
;;iHch below an average, and but for the low prices ruling for codtish, their valiid
would be much enhanced ; they have been ruling during tho season at 81.75 toJ'i.M
per quintal.

With a small catch of hake, that of pollock has increased ; these (ish liavo raugiil
from $2 to $:) for slack salted, $1.25 to $1.87i for heavy salted per quintal.

Owing to tho low prices ruling, tho consumption of dry fish has been largely in-
cr eased.

Herring. — The oarly aonthcm fisheries were fairly sucocdsful whieb toacertaiiux-
tent has cnrtAilod tho outlet for many of tho cheaper ^dos of pickled herrings frem
this way. Tho catch on our ahorea has been comparatively a light one. Keceipts "l
Georges Bay and Dalhonsio have been about tho average, while that of tho largo Nova
Scotia shore splits has run short ; tho catch of Labradors has been almost a total fail-
ure, but 2,000 barrels received this year, as against upwards of 2.5,000 barrels a yeai
since.

Salmon and frouf.— Tho catch of these articles has been fully up to tho avera;.'i.
prices have sympathized with other lines and have rnle<l low, sliowiug some ittlc
improvement at tho close and but littlo stock is b(!ing carried over. Trice on saliumi
has rulo<l from $10 to $13 for Northern and $11 to $12 for California mess ; ?l>.uO tojfl..
for trout. . ,

Ihx herring.— The receipts in this line, 793,244 boxes, have been way ftbovo tiio
average for our market. Prices have ruled low and stock has boon kept well reducci .

//iootcr«.— Supplies have boen largo, generally of good quality, ranging from .n
cents to $1.25 per box. ,

//oddMW.— This article of food appears to be steadily growing in favor witii cons ■
mors, and tho supply has been taken up readily as placed on tho market, ranging in
4J to G cents per pound. ,| „,

Canned fish.—hi this connection may bo taken auch goods as Auiorican s-w'^Vj '
an article rapidly taking it« place along with mackerel, salmon, &c., as a staples
tho trade. „ , i »

,S'ardin€«.— Owing to tho general low range of pric ;, this article 'i'*^ f " ,' f' . ji,o
and prices have boon reduced to a point that has rendered it uniirofitaoio
packers, still the pack hivs reached upwards of 175,000 cases, mostly 1-4 ous.
lias ranged from $4.G2 to $5.75 per caso.

Canned mackerel. — In connection with i
ing, in past seasons, of prM>r goods,

with'thiH article, It Is to bo regretted that tl'«r;'':;;,
s, should have tended to curtail the «le"n""""'

AMEHICAN FISHERY INTERESTS.

007

^^

<l at the uHual timo,

what i8 ono of the fincHt urticlcH of catinod ftioil. Tho low prices now ruling, 70 to 7r)
cents per dozen, togotbor with the improved quality of tho goodfl, will reinstate it in
public favor.

Canned lobsters. — Tbo supply of this artii^le bus hmn light and prices Lave ranged
from|1.40 per dozen at tho opening to $l.8."> at tho cloao of tho seaHon.

The Washington ten-year treaty.— Tho WaHliington ten-year fishing treaty expires <»n
July 1, l^^S.'). Wo hope that some arrangement will bo made by Congress if possible
which will be agreeable to all parties interested and atTocted. The duty on imported
tish products from July 1, at least until houio action is taken upon same, will bo as
followH: mackerel 1 cent a pound; herring, pickled or salted, ono-half cimt per
pound; Nalinon pickled, 1 cent per pound ; other fish pickled in barrels, 1 cent per
pound. Forcigu caught fish imported, not in barrels or half barrels, whether fnjsb,
sniokd, dried, salted or pickled, not especially ouumoratcd or provided for in this
act, f)0 cents per 100 pounds. Anchovies and sardines packed in oil or otherwise in
tin boxes, measuring not more than 5 inches lonp, 4 inches wide, and '.ii inches
ilccp, 10 cents per whole box ; in half boxes, measuring not more than 5 inches long,
finches wide, and If deep, 5 cents each : in quarter boxes measuring not more than
^J inches long, 3i inches wide, and li deep, 2J cents each ; when imported in any
other form, 40 per cent, ad valorem. Fish preserved in oil, except anchovies and sar-
(linns, DO per centum ad valorem. Salmon and all other lish prepared or preserved,
and prepared meats of all kinds not especially enumerated or provided for in this act,
i') per centum ad valorem. Oils, cod-liver, crude or refined seal, whale and fish oils,
not elsewhere specified, 25 per cent.

It is easy for us at tho close of tbo year to look back and see whero wo have made
our mistakes, and miscalculated tho coutingtiucies of trade ; at tho same time it is well
for US to Btutiy what wo have been through and to lay out for tho future lino of action
tliat which will enable us to avoid the mistakes of the past, and to build for the I'u-
tnro, for ourselves and our city, a business which shall bo enduring and profitable.

Wo can still point with prido to tho fact that Hoston still holds her proper place in
the van, as a distributor of tho enormous yi( Id of our lislieries.

In closing our report wo hereby return tliauks to our many ( irrespondentsand
friends for the as.xislance which they have so freely given us in tho past and which
we trust, we shall continue to receive in tho future. We return tho result of the
year's business with our best wishes.

Filth rccciced by lioalon dealers from foreign and domestic ports, 1884.

has been largely in-

Janoar j .

February.

March.

April.

May.

Jane.

KiHb.

1
1

i

1

s

u

a

1

1

s.

1

1
r.

1

o

I

a

(2

a

1

1
t

m

M

o
p<

a

w

S.

a
1

Mackerel Iiarrols . .

Mackerel liuaton Aeob
inspected barrulH

20

2,104

824

5,948

a, 004

1,313

1,60,1

411

1,562

HM

748

8,057

Herri njis:

Pickled do...

Frozen . . do

38
2, Ml

737

68;i

2,892

9flM
2, U2

3:t7

4,471

80

1,300
....„

1G6

1, 67,5

175

40

50

3,604

Salmon do...

in

102

"iii

130
818

Alewives' do...

408

100

198

622

3,080

Tront do...

8

Shad do

s

7,844

200

HerriDS»,aiu()ked, boxes. .
l>loat<n'ii, Bmflkrd do

5, sfm
4,oa5

388

18,:J9«
6, 024
l,0(w

'8,'329
197
]i:i

.W, Kir,
7,038
3,132

33,300
40O

43.6.17

51,450

17,745

47, W3

41,435

291

niDflens flah do

Mackerel, rauiind do

814

479

701

wiMtiTB, canned. .do. . .

370
1,428

723

WNi qnin^Ms..

n»ke .'...do

10,77.1
705

2,111
«2

40

17, orto

300
100

8,201

12,299

02

113

0,229

6,173
820

2.207

224

2,718

2,395

IWiiock do

68

Pollock ...do

282

432

240

31

Cn»k do

14«

soft AMKmCAN riStTfttlY INTKllKSTS.

FUh rc<niic«dly Tlonton lUalcva from foreign atul donunlir porlg, ll?84— Continned,

liiih.

Uackervil luu-reU .

Mackcifl IloKton flort,

Inpoi'tMl tmrrrU . .

IlfrrlniiK:

PioUliwl do...

Kriizfii ..do...

Siilmiin do...

'AIowlv« do

Trout do...

MiMt do ..

Ilvrriiiftn, nuioknd, Ikixiiii
lllimtiTfi. Hinolvod . do . .

ItoiU'loHH IIhIi <!<> ..

MiMikon'l, cunnml do

LobMeiK, (Viuiivd . . du. . . .

C'odfliili i|iiiutiilK..

nak« do. ..

Haddot-X do ..

Piillnrk do...

Coitk do —

July.

i

i

s,

Anguit.

I
ft

I

September. October.

I

i

s

6,534 3,:i7211,e37IC, 128 6,545 0,330

2701

488 88 6,310

201'
744

14.-1

612'.
8011,

14, 820 13, 008 43, fi04 57, 085 46^ 22lt

.1.

2*0'

nil i,H<>o

2,207
5.250

0,014

123

22

3U0

Klj: I 1,019

,'t,;il.'>l 7ai 8,311

07;tl 6,635 ....
3, 429,11, 323j 0,444

7:t:i H.W

12 Ml....
102 13.V....
28

0, 277

148
SIS

5,737

4,070

58, VM

2, 4- /

0, no(t

500

2»2

40:

-'7,293
2, KI4
3,007
6,708

2«,"2rt7

1,»K)

4HI

too

414

10, 8:

10,040

804

1. (i5;i

51)0
220

Iforember, DecemWr,

o

5,541

1,01U

I

&

i

4,611

9,143

4»

Oi

iwtn

521 4,(43
485 I

. I X
200 1,043

2;«,4«l31,4'5 3fl,m'.'4(»,4;i,'i(tl,4;(l

1,.1(W

1, 15'.

''2,«m

815
15

h,4k»I 1,110

l,4tfJ

2(10

in,m

014
4P«i

77

37

"m

4, WW

'J, WW 1,M

7117

2,001

, ^•l

l2,!Hi9 t.lffl

3.'l<) 1, V*i 3111

IM
038

0«
78

3!lj

' TIi« altovM inolndnii 5t. liarn-In iiiiii>ki>d nl«wlT>^ recoiTcil dnriiiK April, Miiy, niiil Jiiur.

RKCAPITUr.ATION.

FUb.

Home
total.

Foreiitn
total.

Orand
total.

Mack(>r(<l

barrcla .

40,703
72, 184

7, 855

10,97C

80

1,006

60,428

Muokercl, Boston fleet, ina|>ectod

H»irrin(j8 :

Pickled ^

Froxen...

do...

do....

do....

i7!i,ra

5i),00,1

2, W.'iO

i,»«:t

», 075

004

320

39f , «6H

4, 4!KI

1,375

1.1,474

77,201

2, 047

1,342

3,101

15

62,948

do....

1,M

do....

10,281

Trout

do....

m

Khail

do....

;iM

Tli'irinuH, fitiiokBJl . .....••■•..••••.••••«.•••«•.•

........ ......bosea..

8!M,27fl

82, 083

10, 281

15,072

073

122,254

7,443

1,280

1,34*

722

1

79.1, '.Ml

BloAtorA mnoked ....••...............•.•.••....•

do....

36,57,1

liiinHtwH AhIi

Hitokt-rtil, ronned

Loli«t4>ra, (-.anned

<;jdflKh

• ••• ••■•••*••••• CiO . • ■ •

• •■■•••••■>>■>>• WO . ■ a *

do...

ijaiutuls..

16,431
17, M7
14, 147
199,4a

Hake

9,4911

Haddock -.

i,(X<

Pollock

4„M.i

Cuak

do....

J37

1884-ContInnp(1.

Xovember.

DccemWt.

1

n

.'., 541

i

1

4,011

*

I

a

2, RIO

?,

i

3 972

1,019

0,143

485 1

4.1

'.tio 1 m

1 ..

0.

31,4-5

3«,n4'.'

4!», 4:1.1 «l,fi(l

H,4h!»

1,11(1

'im l.LHiO

1,4H2

37

71)7

2(K1

. .

2,901

801

H

in,fji

4, m

12,5(19 4,ira

(114

xm

I.Kki 3111

4IX

i'.'«

96 iH!

77

838

78 395

ir

ill, M»y, amlJuof.

inio
Ul.

Foreiijn
total.

flrdiiil

t4>Ul.

(1,783

> 1M4

60,436

17i>,3i3

7, 8.15

D, 97:;

80

1,800

4,'270
2, 083
0,281
3,672

C7:»
2,2n»
7, 443
1,290
1, 344

722

0.5,09:1

2, 850

1.803

8,675

0(H

320

398, 908

4,490

150

l,:t75

i:i,474

77,201

2,047

1,342

3,191

15

lUSJil
1,M
10,2«1

m

:&

70.1, ill

36,573
10,431
17, (M7
14,147

ii»,4r:i

9,4911

2, a'

4,ri:ri

7:i7

AMEUKJAN I'lSlliaiY 1NTKKK8TH.
Jlith received by liontonJUk dtalera, 1880-1884.

DOl)

Itah.

Mwkonl liarr«l«..

Mackerel, lloHttm llt'ut, bur-

n'ln

Hcning barrels .

Aliwiven do

Salinnii (I«

Troiil «!<> .•

HeiTlnBR.Hmiikt'tl. .boxes. .
Illoati'rii, smoked ...do ...

CkI qilliilills..

Iliik(« ill)....

IhiWrnk do....

I'olloili do...

('ii»k do ...

Shad barrels..

itooelesi fish boxvii . .

1880.

.Srf
Is

341,781

54, 002
26, 492

1, ar.i

560

282,482

20, 003

124, 8:i8

82, 222

9,172

1,523

1.303

•,648

105, 7301 1

20,310

5, 082

2, ;t:)2

(198

118, 115

3(»,i.'ii

8,810
970

2, 7(12
187

1, 975

I

100, 493

85, 802
7, o:i3
2, m>

098

443,597

2<». 0(13

103, 489

41,(132

10,118

4, 285

1,549

1,97.')

V,700

1881..

p,053

^89, 660

12, 420

2,184

U80

oi.sso;

337, 830

21«, 619

l-'5,4.50

41.021

6,702

1,773

1,480

14, 203

44,906

8, lot

1,997

1,147

274, 692

810

.Tfl, 852

7,001

l,6:tl

a, 020

38

1.1.52

UlU

I

204, 020

56, 998

10, 288

2, 977

1,147

ill 2, 412

30, 42!)
182. .302

48, 922
7, 423
4, 79;i
l,,'i()7
1, 152

14,000

1882.

^44,186

83, 175
10,578

1, 120

2, 141

259, 799

30, 551

89, 297

29, (125

2, 288

956

1,591

20

11,333

37, 816j

41,078

0,000

1,090

1,845

449, 080

5, (HIO

.5(1, 578

9, 434

1,981

2, 120

104

1,245

197

o
H

104,077

62, 5.%'

10, 828

3, 834

1, 845

708, 879

35,617
139, 875

39, 0,")9
4, 209
3, 070
1,098
1.271

11,630

Fish.

Mwkerel barrels.

MackorrI, Boston fluet do...

IIriTm|{8 .do.

.\ll'Wivt'

.dii

.Snlmou do

Tnmt do

lli'rriiieH, Htniikcd boxoM. .

IlliutiTH, Hiiinked do ...

(jiil quiJi tills..

Iliikt< do

1683.

If

a<

Is

I

1884.

431
120
125

200

lladilnck do

Piilliick do

I'lisk do ...

Shall barreli"..

iiuiu'l(Miit filth boxes. .

234,
24,
104,

1,
1.

20,

040
944
182
669
962
841
620
.50
068

75.

8.;

10,

3.

1.

23:i,

3.
50,
2,
1,
1,

226/

■■ <
050
050
210
.584
.547
19f
!«I7 ,
075
077
108
60
.545
580

149, 459

93, 779

12, 775

4,416

1,584

4d7,.587

28, 140

•63, ,540

20,741

3, o:i9

2,449

676

595

21,654

SJ

16,763

" 184
7, 855
1,006
80

804, 270

32, 083

122, 264

7, 443

1,290

1, 344

722

18, 281

at

(.0, 426S
65, 09:1

8, 675

1,803

094

108,968

4,490
77, 201

2, 047

i,;i42

3,191

15

320

150

o
H

170,373

82,048

10, 281

1,88:1

994

793, 244

8fl, 573

190,455

0,400

2, 6i)2

4,635

737

320

10,431

StntmentHhowing the nitmhnr and tonnaije of vesath 0/ the United States emploijcd in thecod
and maektreljiakerica June M, 18B3.

SUMMARY.

States iu which documented.

Vessels

above twv.n-
' tons.

Vessels under
twenty tons.

Total.

Maino

441
29

6:13
16

18
1

34
6
2
8
2
2

Ton*.

30, 037. 06

6, 7.53. 10

42,409.41

934. 09

2, 187. 00

851. 05

25.65

1, 222. 00

248. 17

44.87

497. 63

68.80

40.33

Ko.

343

6

246

93

74

193

3

Tont.

4,137.05

79.35

2, 6.57. 75

8,53. 61

800.34

1,570.41

61.01

Xo.

784

35

879

109

127

211

4

84

86

6

11

6

7

Ton*
34, 174. 11

N'cw Uampsliii'o

.5, 832. 45

Massachusetts

4.5, 067. 16

Itbode Island

1, 787. 70

Connecticut

8, 053. 34

NewYork

2,431.06

^'ewJorney

76.06

Maryland

1,222.00

Virginia

80
4
8
4
6

285.20
60.67
87.98
70.43
47.87

631.37

Xorth Carolina

05.44

Horidn

635.81

Alabama *...'.*.'.'."

137.82

California

04.00

4\

Taken ftom the report of the Chief of the Bureau of Statlatloa on Commoroe and Navigation.

UIO

AMKRICAN FlbllERY INTEUE8TH.

Amount o/ iumtcdid barrvh, Xiw KHqlund uiarktrel caloh, navkal at each iiorlai r,„,., ,

to tht lioaloH FiHh Jlurraii, 188-1. ^''""'

Port*.

MiiAMrlinHotUi

ItoRton

CobasMt

riiatham

.South (Miathiiti) . ..
South l)Artinoutli.
Kiilibavoii ........

(il(iiu't>fit«ir........

Iliirwichport

Ncwburyport' ....
Pruvincetown ....

IMyraouth'

llorkport'

Wollfleot ...-.

Totivl

Ifuiiio:

Itooth Day

('aiiulon'

I>eer ImW

KiuitiMirt

North ITavon'..

I'lirtUiid

Southport

Swan'H IhIoikI'.
Vinal Ilavon' ..

Totol.

182

8
3
2
3
0
42
6

71

I

18

8

2

2

•••■■>■•

112

SH

2

11

fi

2

22

8

87

11
3
2
2
1

ii

J

31
A
1

e
1
1

170

e

3

10

2

8

30

880
76
11

no

14

15

2,770

03

a

240
27
00

480

2^
S3
"I

70,084

i.rns

l.'VO

4,038

165

144

l&^ a:io

7,083

17,672

00

32. 008

21

200

4.205

0

136

4

42

3

32

2

20

17

2W

45

720

8

120

2

30

8

45

02

1,402

280,000

21,055

600

13«, .100
7,700

85

lfl«. 740

^

1,300

25H

125

15,200
85

600

320

72, 1M

2. 123

I no

4,1(0
16S
144

170,929
7,108

18,072

dO
32,328

n

111?

4,C5

IM

liji

I«),s.:i

7,11m

20, ow

35, wo

17,787 307,480

00
80

1,500
70

22,015
80

soo

140,000
7,770

K.0

225

1,850 I \-o,:m

M\M

24, Ml

m

W3

iM

m,M

* Whole or part of oat«li landed at othor poi u.

Aiiinuiit cnvlitr^l to citch port iit tlio amount puckml thoro, r^Kardleaa of cutvh n^ tcdwih liailiiic
from there, which in many luittanpen piu'kiHl i«t> oiIht portx.

Wo flod fn>in a rnrotul obncrratiou of factH that tbn iihrlnkuKO iu parking nniouiitH to about twcniy
pouniia U> the Utrrt-I, or 10 per cent. luspfctora iui«l captaiiiit acroe with uh that tbii* is fully enough (o
allow.

AMKKIC'AN FI81IEUY INTKUE8TS.

liil

iuh port III Uforltd

Total macknal catch of Xcw Kmjland ftettt/or jWe ycart,aa reported to the /toiitoH Filth

llureau.

8
>,

&

1

H

-1

h
n

,300

72, m

80,3)4

•Mi

'i. va

2,;w

m

107

126

4,103

i,SA

ics

1)0

144

l(W

5.20tt

170,929

1«),9.'3

HO

7,188

7,»4

SOU

18,072

•HM

N

a

320

32,328

35,020

7,787

307,480

341,M1

00

80

22,015
80

24,4CI
W

SOD

5U

1,500
70

140,000
7,770

1A555

8, a

140

226

250

1,850 I 170,5!XI 18'J,54l

cati'Ii or vcaacii tailliDg

Miioiiiiti* to about twiniy
hut this UfuUyenoughlo

Statea.

YoHr.

5!

'J

'A

Total number
of aalL

1.
i"?

3 0

Is
it

u

-a
a
'A

a

n

73
1

IHH4
1884

182
71

87
21

200
02

4,205
1,402

tntptettd
barffU.
280. inn

108, 74U

Tntptettd
barrtlt.
17,787
1,850

TntpeeUd

bitrr)lt.
:i07 480

irilni* ....*..■•••••••••■•

1/0,000

Tutttl

253

108

301

B,«67

458,430

10,087

4r8,07tf

188)1
1H83

214
81

205

M

0

268
00

7,888
1,340

143,545
65,474

20,280
2,400

-—---; _

108,811

57, 874

Tolul

03

,'(S8

8,734

108, 010

28,660

220,680

1883
1882
1882

240

2'\0

I'

a, 823

1, 1. Ml

104

ai8,710

110,847

300

258,710

110,847

NVw ilumimhiro

800

'i'olul ,,,.....

342

342

5,083

878,803

378,868

1881
1881
1881

MiKwfW^lmsotts

203

84
8

203

207

1)3

8

3

200

84
8

2,075

1,177

100

2flO,10S

110,022
.'>, 400

a»o

140

260,406
116,702

5,4UO

Total

3

32
2

208

4,258

aoi. J 87

470

301,607

Hauai'liuiictta

Mniiip

1880
1880
1880

2no

U5

8

0,408

l.^SO

110

~26l, 100

8:i, 854

7,850

4,817

2, 484

2r.5, 080

80,n:i8

7,360

Total

30b

34

342

4,088

342,373

7,301

340,074

In the above the southern catch and uuuiboi of vcaaols la included In the Shore catch.

■■':> •"''

•> »

912 AMERICAN FiSUEltY INTEkESTS.

Total catch of cod and other ground fiah for five yeara, a» reported to the ISonton IM /j^reaii

StotM.

Yoar.

1884
1884

Vowel « on

Grand and

Wentoru

Banks.

VpsboU on

Northt'rtwt

8liore and

Georgos

llanks.

Total
Mil.

Total
crew a.

6,277
3,474

Catch on

Granit and

WsHt^-m

lliknkH.

Catch on

Nortlirant

Slioro iiud

(icorccg

ilaukH.

Totalcatch.

MiMxavhusetts.. .
Miiiuo ... •..«..

22ft
77

109
200

-"28
337

QuinUiU.

304, SK)
00, 350

Qtiintalt

■m, VM

171,440

iill.TM

Total

30«

45D

766

8,751

40.1. 733

Ml, 570

i,ooi,:u

ifwa

1883

1882
18M
1882

MamachiuettA . . .
Maine

248
76

100
262

40M
338

5,216
3,385

487,760
00, 075

2(17,900
215,0«;t

7M,(M0
306,(08

Tot*l

324

240
71

4

422

746

8,001

578, 7S5

482, wa

l,UOI,6!t

MaMftacliiiaett«. . .

1.53

218

0

!)03

288

10

4,804

2.785

130

400,272
73,806

200,915

221,011

2,000

(«I,IB
295,717

Now ll&nipshiro.

Totol

315

.

17B

73

U

377

6ue

30?

210

21

7.719

4,2S4

1,014

234

474,078

26:», 590

72,750

0,000

424, m

28l>,~o5r
lao, 037

r,. 000

m.m

1881
1881

1881

MaHAUcliiiM'tta.. .
Maine

Now llampithiro.

178

148

16

14,000

Total

208

336

604

6,402

~Vi85'
1.757
U'6

355,640

419,387

2(W, 450
71, 9W!
5,000

775,027

18M
1880
1880

Mamwchusetia...
Maine

166
83

4

100

106

10

S7G

180

14

201,600

03, m>

6,800

470,050
165 Sit

New ilanipsliire.

10,800

Total

253

316

670

0,008

300,903

345, 436

646,426

€ lioHlott Filth Ikmt.

424,826 1 m.m

AMERICAN FISHEUY INTERESTS. 913

Vfio Knijland fleet catch of cod and other ground fish, landed at home porta, a$ reported to

the JioHton FUh Bureau.

Porta.

UasMcliUHotU ;

Itoston'

Beverly'

Cbatliam'

South (;iitttlmiu . . .
South Urtrtniouth .

Fahbavon!'

(ilouci'Bter* ... —

KiDBSton

lliirl)lchea«l

Provincetown' ....

I'lvmoiith

UiiokiMirt*

Welllloet

Total.

Maine:

lircnipu'

Buckiport

Booth Uav

liMK Ilitrbor'

Bristol

Uranlwrry Isle

ddlaia' '

(Jape I'orpoise

Deer Isle

Kutport'

Kllswort

Eiixt Uuoth Bay

I'neudithip'

diwci'town'

Hamock

IhrfHWuU

I.ubcc*

Umoiue

North llavt'u'

Ni'w Harlxu'

Drland

I'ortland

l'emu(|Ui(l'

I'ort Clyde'

Swan's lalund' ....

Stdjtwick

Soothpnrt

Hnufhwi'Bt Harbor.
Vinalllaveu'

Vosaola on

(tnind and

Wwttum

Banks.

1
0

2
3
1
1
130
2
t
71
3
1
1

220

2

12

6

Total.

7
20

Vessolii on

Northoaat

81ioru and

(idoruos

Banks.

1
167

14
"6

199

o

1

14
6
3
1
2
303
2
1
85
3
6
1

428

10

86

3

0

13

2

30

4

12
4
1

11

2

1

6U
1

4
5

8
35

77

260

8

12

16

3.^

5

0

14
2

33
3
4

12
4
2

11
2
7

10

Is

3

o
H

15
145
95
30
10
22

3,606
25
12

1, 162
25
79
18

6,304

Catch on

Gnuid and

Wentern

Banks.

Quintals.

7,500
2,000
3,000
1,250
1,100

228, 108
2,500
1,200

140,500
2,700
1,625
3,000

Catx^h on

Northeast

Shore and

OooFKes

Banks.

Quintal*.

050
?,200

1,000
324, 0.'id

1,050
"4,"97.V

304,383

336, 130

ToUl
catch.

Quin-
UUa.

8,450
5,200
3,000
1,260
2,100

653,063
2,600
1,200

141,550
2,700
0.600
3,000

730, 513

8
80
1
4
6
2
8
8
36

337

80

147

132

800

40

64

25

84

10

500

42

85

100

31

30

85

60

112

118

60

100

700

125

30

60

24

115

60

226

8,474

3,000

16,000

8,200

1,600

3,000
3,800

2,500

15,300
3,600

0, 2ryO
24,000

2,600
7,600

90,350

800

3,060

11,000

460

3.000

600

590

400

10,600

700
4,000
1,640

3.W
8,500
4,200

4,500
2,000

600

90,000

5,500

1,900

750

500

5,500

105,600

3,800

15,000

11,250

11,000

2,060

3,000

600

690

400

13,500

3,800

700

4,000

1,540

2,850

8,600

4,200

15,300

8,100

2,000

9,860

114,000

6,600

1,900

750

2,600

8,000

6,600

10,600

171,440

270,790

'Undwl finli at Gloucester.

'Includes Olio Hail that Uohcrt off Greenland.

'Catch of small boats included.

'Includes twenty tbrno vessels in halibut catch ; five fished off Greenland Mid four off Io«Iand.

'iDcludcs thirteen I " - - -

- i Hiiil that flshed in Nortli Bay.

Includes one sail that flshed in North Buy.
'< alihot'sumll bIhito Iwats included.
'\r«seii,f,,,ni Ui\wo. flshed in Hay of Fundy.
UuUl catch by smull shore bouts.

S. Dx. 1J3 58

I'

914

AMERICAN FISHERY INTERESTS.

Tonnage of veaaeh of the United iS » emphi/ed in the whale, cod, and maokenl /£.;.«.

/row ld60 to 1883, tHciiMiuc. "'yMWffifj ;

. [From flgnroM conUinod in the annual rcportti of the KoKlster of tho TrcoRury.l

Tear ending Juno 30—

iteo.

1861.
1862.
1863.
1864.
186S>
1866'
1867.

1868.
1869.
1870.
1871.
1872.
1873.
1874.
187!i.
1876.
1877.
1878.
1879.
1880.
1881.
1882.
1883.

Whale,
flsherlea.

Ton*.

lf>6. 841

145, 734

117,714

00, 228

OS, 14,'>

90, r>\o

105, 170

52,384

71,343
70, 202
67.051
01,400
51,608
44, 756
30, 108
38,220
.-10,116
40,593
30.700
40, 028
38,408
38, Wl
32,802
32,414

Cod

Mackerel

flaheries.

flHiieries.

Ton*.

Tons.

130, 0.-i3

20,111

137,810

54,795

KM, 001

80, S96

117, 200

51,010

103,742

.Vi,499

(K, 185

41,200

51, 042

40,589

44,567

31,498

83.887

02,704

01,
no

4C0

97,545
100, 510
78. 200
80,207
87,802
91,085
86,547
79,885
77,5.18
76,137
77,863
95,038

Total.

Tom.
329,6051
Wl,,175l
.■Bl.OllI
267,5371

196,910]
20!, 401 1

vti,m\

155, Ml
132,f«»i

mwj

15Uo|

W.Vi

1H2;«I

117,3981

118, CXI

126, Ull

131,6711

V>i.m

119, 9131

115,9i6f

114,1^1

llO,a'3J

127,4

' The tonnage for 1865 and 1866 ia partly by new raeBsarement ami partly by old.
Note. — The mackerel llcen«cs hitTo not b««n isaned aeparately since 1867, wbon a general flaliin|(|
license was provided to replace cod and mackerel fisheries.

■ '-V . '^

<■ ;>: .';

, ■ .* -i

^' - .'*

fUJi

f.jv:»a f'f.

AMERICAN FISHERY INTERESTS.

915

I, and maokerel jkherki

the Trcoaury.]

Total Humhir of barrels of each qiialHij of pickicd mackirel inspected in Masaachuaetta from
KiO'J to W84, and the total value of each year' a inapection from 18:J0 to 18b4.

Year.

»40
BOl
200
742
185
642
567

Mackerel
flBberiei.

Tom.
26,111
54,795
80, .190
51,019
5.1,499
41,200
40, 589
31,498

ToUl.

1809.

83,887
62,704
01,400
02,865
97, .545
100, 519
78, 200
80,207
87,802
91,085
86,547
70,885
77, 5.18
70, 137
77, 86:i
95,038

Tom,
329,605}
33«,.n5|

ra.oiii

267, 537 1
2;>t,3«4|
l!)C9l0i
203,4011
128, 1*1 1

155, 230 1
132,0061
130,414 1

m,3'^l

i4g,ir>5l

15i2;4l

tl7,39«l

ii8.4:»l

126,911)1
131, 6il]
129, 2«1
119.91)1
ll.^9l(i
lU,0i!8l
1111.6631
127,4o'l|

t and partly by old.
1887, wUeo a general fishim I

nil..
1812..
1813. .
1814..
1815.
1816..
1817..
18:«..
;»I9..
1820..
1821..
1822..

m..

K4..
182,5..
1826.
I«7..

m..

1829,.

m..

1831.,
1832.,

1831..
1835..
1830..
1837..
18;«..

1840 ...
1841....
1842....
18)3....
1844 ...
W5....
1846...,
18)7...,
184*l....
1849....

m-.

18.52...,
' 1853 ..
I 18it...
I UK...

Iiw...
\\nr,...

1858...

\m..

I860..
1861...
1862...

\m..

1864...
186.i...

11867..
1 1868..
11869..
1 1870..
1 1811..
11872..

Iw,.

1 1874,.

\\n..

1 1877..
1 1878..

11881..
1 1882..
1189..

Barrela of maokorol inspected.

2,2744
2, 540
1,368 I
l.OOUi
000 I
80

1
14,410

10, eu

12, 455
7,4v01
20, 035
10, 804
4.5, 246i
2U,040
43,400
SI, 3.574
03, 2354
54,184
47, 8684
70, 108
28,070
54, 5504
80, 4334
15,606
53, 6654
24, 673
37,9684
22,2174
10,3514
?•• 747
20,863
82, 750
28, 8434
28,0834
44,4301
104, 1601
113, 0934
61,404
88,401
00, 7C54
84, 030)
49, 015g
30, 5951
20, 3021
80, 33ag
84,5IOi
7.-), :t47|

6i,i;to

58, ^l

70.l-,7|

81, 9<rj|

67. OR'.*

lo:i, 3Kli

15.1, 723t

150, 322 j}

122, 808J

93,0014

72, 0244

66, awl

1C.5, 187i
71,H06J
83. 087ii

112.9711
33, lOOi
30. 860i
1H,01.5J
14,004

»,
20,

15.
30, 045
20, 85iJ
24,101

3,078

3,4724

4,770

5, 242

6, 023

10,0094

2. 1.544

2,728

1, 231

1,626

646

703

7, 377

5,4,56

1, 264 1

13, 010

5,267

21.688

11. 162 I

20, 775

36, 521 [

43, 976

34, 811 [
32, 103

68, 374

71,505

60,681

73, 578

62, 047

63, 1544

75, 221

71,18:1

100, 840

114,004
34,657

80,584

60, 835

30, 612

110,6064

63,4224

77, 008

IM. 695

104, 6694

ir.6,025

171, 1K6

142,164

97, 2194

90,553

08, 9274
«), 6.534

60, 445

78, 892

.57,2714

91,024

60, 6.58

00,187

61,027

52, 5574

28, 588

4»,1»4

22, 027J

30,0134

11,040

20, 091

10,640

21, 141

22, 400

2.3, 084

13,088

18,604

'ii, 615

35, 023

88, 62;i4

85, 5964

70, 005

65, 076

76, 0004

71,760
107. 058 ;

70, 0704

81,062

05, 584

44, 000

87, 6t,4

102, 4074

13.-., ,5074

67.0714

44, 0884

24, 584

30, 807

40, 2424

55, i:i3;

91, 12JI

00, 193
47, 98< ;

76, 81Uit

4.5,21KA

38, 257

21, 02911

32, 332,

12, 0604

22, 207:

122, 837

50, 578:

100,2801
78, 388*

22, 486

100,011

136, 075

102,061}
33, 2121

137,740:

("1, 562

39, 200g
44,7841

30,310

40, 038,

4I,(M84

42, 262

44, 0774

02, 019 1

6.5,7174

180, 422 .

6:i, OlOi
68,32211

85, 867

.54, 370

.5.-., 6034

63, 838

37, 705i

71, 442
10, 270

73, 006

73, 424)1

0<l,772

03,4811
37, 7001

37, 286

48, 170

70. 1754
54,806J

Ut, 113
104, 434

00, 5541
98, 8614

139, 686

9,5, 121

123,788

48. 078}

48,3414

64, 829

204,366

37Ui

4.2011

4, 8181

lJ.940i5

11,7854

3621

10, .510}

2, 127i

428

30, 8074

14,000

Total.

8,825

12, 55?4

17, 401

6,881

8,7564

1,339

16, 0504

30,060

37, 362

46,348

100, 111

115,641

111.0094

160, 2944

145,006

101,6504

254. 3844

158, 7404

100,3044

237, 3244

22.5, 977

308, 4634

383,5484

222,452

222, 0324

252, 8794

104,8004

174,4104

138, 1574

110,740}

74, 2681

60, 4914

65, 537

75, 643

64, 451

86, 3814

202, 3021

179,51111

251,9174

300, 130|

208, 0,50

242, 672

329,2444

198, 120

133,3401

135, 340}

211,950{|

214,3124

108, 705

131.60!

09, 716J

23!5, 68.5}

!04, 283}

260,8641

300, 042|

274, .3571

256, 7904

231,6001

210,314

180, 0,564

234, 210 j

3i8,521g

2.5r., 416}

181,9,56

185, 7484

258, 3iOZ

130, 0624

225, m21

10.5,007*

144, 2204

l,'>.5,2fl7|

243, Ot-W

250, 17;^ii

■i'S, 382

154, 140

307,486

Total
value.

$1,119,470

1,589,036

707,705

07« 035

1, 16j, 842

1,030,660

1,268.388

803.653

025, 002

710,204

473,345

518, 300

493, 079

540,419

634,502

1.883,660

1. 004, 685

2, 250, 058

1,8.58, .500

1, ,560, 126

1,777,517

2,249.511

1,491,023

1, 207. 075

1, 313. 635

2,120,084

2, 004, 681

2, 102, 738

1,720, .540

1,255,073

2,251,067

1,116,851

1,. 507. 416

2,878,777

6,035,523

4,729,840

4, 324. 790

2,961,033

2, 5:12. 151

3. 248, 315

3,744,107

2, 2;i3, 055

1.948.410

2.799,083

2,657,615

1, 310. 140

1,650.306

1,137,616

1, 034, 144

802,057

1,474.16^

1 001.081

2,741,445

l.GI»,764

1.853,763

ttf ih?'^" of birreln inspected M abovo 2i ven are, with the exc(^ption of 1884, fh>m the oiBoiAl r«tara«
l««ieiii«pector.gi<noral. and vary slightly from reports of the Boston Fish Bumiu.

916 ' AMERICAN FISHERY INTKRESTS.

Price per barrtl of each grade of '/ickled mackerel in ManmchueelU in the tirst wukiu «.

tvmbcr, from ISJQ to 1684. . " "">'!>■

i

Ytu.

1830.
1831
1833
1833
18S4
1835
1836
1837
18J8
1839
1840
I Ml
1843
1843
1844
1846
1844
1847
1848
1840
1850
1851
1852
1863
1864
1863
1856
1867
1858
1850
1800

Kal.

$5 00

5 75
500

6 73

6 72

7 OU
0 00
7 76

11 00

12 50
12 75
12 00

0 00
10 12

0 50
i:t 00

0 12
12 76

0 00

12 00
10 12

10 00
0 00

11 50
15 00
10 00

13 00
IS 00

15 50

14 50

16 00

No. 2.

$4
4
4
4
4
6
8
6
0

10 50
10 50
10 00

6 00
8 12

7 60

10 50
0 25

8 25

6 00

7 00

8 12
050

7 00
S 60

12 25

11 00

8 00

12 50
12 50
12 50

850

No. 8.

ri 62
2 62

2 7ft

2 85

3 3r>

4 00
ft 00
4 12

50

00

50

00

00

00

50

87

87

25

8 37

3 50

5 00

ft 13

5 7ft

7 60

5 00

6 25
6 00

8 50
8 50
8 no
500

Tear.

1861 ,

1862

1H63

1864

1865

1860

1867

1808

1H60

1870, bay...

1870. shore

1871, l):iv...

1871, Hhore

1872, bav...

1872, ulioro

1873, bay..
187;<, nhun^

1874, bay...
1H74, (tluiro

1875, bay..
187n, shore

1876

1877 ,

1878 ,

1870 ,

1880 ,

1881 ,

1882

18Rt ,

IfHt

No.l.

Ko.2.

$4 50

600

»2f.

20 00

IS 00

13 ar.

12 25

13 00
1150

11 00
0 7.i
760

7 25
9 25
9 50

12 25
12 25

8 00
000

11 CO

10 25

6 75

12 SO
8 0U

5 00

7 00

6 00

11 00

14 00
10 00

No. 3.

♦2 75
450

eso
"Vis

550
0 2.i

Voo

7(10

75(1
550 j
800
509
300
40O
4 00J
80

lOiOJ
3MJ

i^'ViS-:

AMERICAN FJSttERY INtfiltEStS.

017

^ thefmlKukinSef.

No. 1.

No. 2.

No. a.

$8 TiO

$4 50

1175

Has

0(K)

460

14 00

«2.'i

6M

30 «)

2« 00

22 00

15 00

9 75

22 75

13 25

17 00
17 00

2;t 00

21 50
21 00

10 50

11 25
U 50
U 50

14 75
20 00

15 00
13 25

14 00

10 2-)

15 00

10 ."iO

18 00

18 00

14 00

14 00

18 00

20 00

. 14 00

12 25

i;ioo

1150

U 00

9 75

7 60

7 25
9 25

9 50
12 25
12 25

8 00
0 00

11 00

10 25

6 75

12 50
8U0

5 00

7 OU

6 00

11 00
14 00
10 00

750^

550
620 i

7 00

"DO
700

7S
5 50 1
800}
5001
300]
4 00
4 0Oi
80

lOSOJ
350 1

s
8

H

a>oo>

a o> 00

sssss

W rM (N -• .^

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t» t- O O I-

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ociinaoDO)o«coc-s^r39oint>.3>ao<onc4aocDOPOc-t-c-cftHi-i

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r^ p-t r-H ^H ^^ iH r-i i-» "— f-« rH p-« ^^ — p^ rt i-^ r^ rH

tniMtC'MiAe9SCl)OC-Jtf)iO*OOOOu^OP09U^OQOOOOC>OmO

r-1 rH )-i ri r^ *-( rt 1-^ »-« w^ n i-t

*'5t^^W^<DC0CDinc^lCI'*<C0>Ma0Ofl0»0>0"it»ftt0*ft»0©MCI^C^<0t*N

•Mr-(iHr^l-1l-ir^r-lf-<?-irHf-1f-<r

918

AMEttlCAN PiSnKRY INTERESTS.

?

m

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8

8

s
1
S

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c 8

tl

II

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ss

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onn

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S?S5

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in^^o^tOrt^rt

«

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t: 812 S? SI^RS

"h "*■♦ CO ■^■^tan

lA 00 o in »A o i-ooo^i'- rt?i5ir^x«Nr-

tti n m e* com co«>.';in?m •nnvcoo^nK

■a

g

. o <o t» o P5 o «« »- in oc o t- 1- o i^ o o f» D o o r- r« f 1 iri CI » m
S O « ^«ee>j<«ieO'*<o«o«PS*x>cO'*e»»*«ftco*'>f**fi*>»if

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ift e-i in CI o ift I" o ift « o 3
CI •^ CI rH iS I - n o ri ^ 1.^ 3

ci>»»»in*n^«o*rt»

35 i-i m f- 5 * I-
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^^ __^ ^^ *^ _j ^B* r** f^ ^^ * ^ II ■■ ^ 1;

^■^ "^ C P ^ " ZiS

AMERICAN riSHERY INTEREHTK.

919

Sis":'" 8

ss^is

8

s

C4

! I5 'm* ;

:!; ; ;g :S3 jS
,0 : -T '<o '■■*

f.i- s i c S >o N o S I- « r- w
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to 1^ me moo
CI CO i>iS t^ m m

: ss8gssg;2issts§S2sas

r;9fnn^inmmn»»«oeoweo-*iocoe<

rtr-i- L-;3i. I- 5

S2

J:i?35

II
if

1,

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I I

i "I

i ''.--

020

AMKlilCAN riSIIICIlY INTERESTS.

S

s
t

I
.a

2

V

u

(5

i
I

3

1

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!S 3

•"9 Sf

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11

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neo

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COM

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2§ S

ssss

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n

t • • t • to if'-lAiD lO '•
<0 'CQC^CI *i *

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t I • I ! '• i 'O '

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5^ iesss is iajliS

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AMERICAN FISHERY iNTr.RESTa.

^'&S^ :SS

Oi)l

3 S :^

(1 B o i> ift- '' w «« «" " 3 * 2 JS S 52 *

n S 2 S f 1 M fl rl r-. Cl ff I 1-1 i-l r< F^ W rH rt

n«o ootrtp loo

mSh-S rt « r-i « rl .« rl rt rl It r. ■-.
• CD t~

eeninor-;Q
oocit-r-flO«

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hrtt-

tif?

end

11^

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m •* e> ■-( M

NtOMrHrt

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ceiZte . . . . •imF^i-ii-i
.-«»-M^ifc-ut-U|r-t-iJ*Lrtr

s i § ■^'^iiiiiiiH! ■l|iiitii nmmit

i

^r M M

AMERICAN FiailKllY INTEUKHTfl.

•:«'

Elkvextii Annitai- Rki'out ok tiik IJ08K1N FiHU HiriiKAtr, January I88C

HKPOHT.

OkKICK ok IJOBTON Fl«ll UlukaI',

lioaton, Januarn h i*JC.

In r«viowiiiK tlio finli trft«lo foi tlio ]iaHt twrlvo innnthH, it i« witli n fwlincof gatiH
faction and jtiiilo lliaf we aro ahlo to jioint I0 tli« fact that, in fiini ofa iart'd dwciw."
in tlui oatc'lu-H of li.sli l>y tiio llccis, tlio riTciptH at IJoHton liavo licjil 1 heir own nrov
iufi Itcyond (|n('stion tliat as a niarkia lor tlio iliU'cnMit varintii-H of flhii ami iwiji,,!
trii>iitin;; potnt itHfaciliticH am n>u>(|naliMl.

Low i>ric«'H liavo boon tlio nilo in most Hiioh dnring tlio year, bringing liBJionaMr
with most food jirodnotM. '

Tlio oarly Totoniao boning (i.shory wac fairly HncooHHfnl, but not an large uh that jf
tbo year previous Tlio catclio.s of mai-korol and codli«h liuvo licon fully iip to the
uvoiugo, mit wben coiiiparud with th« largr catchoH of ilio yoar jjrovioim conHideraMc
Nbortago in notiood.

Tho falling otT in tbo codfish calth wo attribnto, in n groat nicasiiro, to tlio wiih.
drawal of sovoral largo bank vosmoIh from tbo oodllHliing bnsinosH, ou a( count of tlu'
poor onoonragomont otlorod by tlio low priocs at tho boginningof I ho Hoasoii, and uot
<»n acconnt of tho scarcity of thcso lisli, vohmoIh arriving from (Jrand and Qncrean
Itankswith faroH averaging largor than tlioso wiiicli arnvod from IIkto dnrin'Mlie
provionH waHon. Whilo thin is trno in logard to tbo catch of codlisli, the Nliorta^'cln
ibo catch of mackerel is attributable to tbo fact that they were not UMulmiidantiii
our watorH an dnring the m«ason of 18^1. While tho catch of niackt>n'! on onrNcw
England slioro liaHiiot boon a« largo in 1HK"> a,s in tho provionn year, tliocatcli iiiNortli
Hay, or Bay St. Lawrence, has been larger, showing tho niackorul were moii) airaii-
dant there tbo past year than in lf84.

Dnring tho past HoaKon thero havo boon 41 vohhcIh from N(^w England portH ('ui,'aj;eil
in tho North Bay mackerel iiwhory, as againut 108 dnring tho season of lriS4, tlio uiim-
ber of barrels of liay mackerel iiisjiectcd dnring tho past ^';'ason'1>eiug 27,(>7J, asagaimi
l'.l,(i;t7 for the season of l^HJ. The catch «)f markerel by tho iirovinciiil lleet, 011 the
Nova Scotia and I'ri' c E<lward Island shores, has been bolow an aveiago in qmin-
tity, and this, in co tion with the duly, accounts for tho largo short agi; iiotictubli!

in the receijitsof f(n< .^n mackerel, wbicli Nliortag«( has boon mainly on the jtoorcr ami
smaller grades f>f lisli, whi( h could not well allord to ])ay tho heavy duties exactid,
ami which have been used for the VVi'st India markets, in )»laco of sending tlifiii to
the States. All fat mackerel havo been wanted and r(>adily taken by llio trade. .V-
cording to tbo most reliablo anthorilies, tho catch of cod at Nowfoiiii(lliiiid liasbciii
np to tho average in qnantity. Tho receipts of codtish from Nowfonndlaud, liowiivir,
are not much of a factor in tho tisli trade of Boston, tho most of their business iieiiii;
with Spain, Portugal, and Brazil, to which conntriesthey send yearly ciiornionsquau-
titles of (odliHli.

The Labrador herring llshery bus been an exceptionally good one, large qiiantitifs
of herring of good size and excellent quality liaving been taken. About ir),000 bar-
rels of them reached this market, and 8(dd from $A.7'> to 14.75 per barrel.

Mackcrti. — Tho licet inado its usual early start for tbo sonthorn fishery, the lisliery,
tbo lirst vessel to start being tho schooner Mollio Adams, of (iloueester, on March
4. This is tho earliest departure for tho Hoiilhern mackerel tisliery on reiord, Tho
lirst faro of fresh mackerel for the season (I'Ju barrels) was taken in by the Hchooiier j
Emma Brown, of (Jloncester, at New York, on tho afternoon of March 2!*, Bliobeiugj
followed, a lew ininntes later, by the schooner Nellie N. Uowe, of Gloucuoter, with j
almut t bo same amount of lisb. Great rivalry exists among tho lisliernien as to who =
shall lanil t ho lirst fan; of mackerel. Tho Kowo was successful in IHKJ and Mi, land-
ing tho lirst fare at New York on March 31, 1883, and March W4, 18^4.

During tho snbse(|ucnt markerel lishing in 8o«Mit)rn waters onorinouH (|uantifi('«m 1
very small and inferior lish were taken into New York and riiiladelpliia, largo (|iian-
titios of which were sold for merely nothing, and many fan-H were taken to sea again j
and thrown overboard, resulting in a g<noral loss to tho Hoot, altliougli a luiky U'W'i
did fairly well. Wo hope to see tho bill prohibiting tho importation or (atclmiKol
mackerel between tho Ist day of March and tho 1st day of Jnno become a law. nm
would put a stop to tho catching oflurgo(inantiticHof very sniallniackerel, and wouldj

nnquestionaliiy bo a benefit to all jiarties interested, whether dealers, (islienin'ii, "r|
consunierB. Tho general run of tho mackerel taken this soafion by our shore uwti nasi
been bettor in sizo and «|u;.lity than that of the year previous, there being Imt lit 101
difl'erenco between ii's and 3's, making dealers ready buyers of jVs as placed im tlio j
market. Prices havo hardiv ruled oven with those for tho year ItM, csiiecially wne |
quality and cull are ce"si/i;>^od The lirst sale of now salt mackorcl for tue sfasi;ii|
was at New York, on April (5, at $3 per barrel, from picklo, with barrel; sellingmi
carg<. lota i\l Bo.ston, in May, at from $<J to 8'.>.75, from jiicklo, with l'""'^''/" ,1^"!!
at from |!'2./5 to if3.7.'), from pickle, with barrel; in Jnly, at from |:! t°,'v Mwtl
pickle, with liarrel, for filT<.r«s, and ^D.";') to |i;{, from pickle, with barrel, tor liio«»'

AMKUK'AN KISIIKRY INTKREflTS.

!)2;]

Janttary, 1886,

FlHIl BUUKAU,

»H, January 1, 1886.
itli u »«'«>linp; of satis.

In-Ill (heir own, jirov-
4 (>t° I'mh mill iiHaiiin.

Iirin^iii); I'mlionapar

not aH lar^o uh that ^tf
) liceii fully up to (Ik
]irc violin conmilcralilr

iiu'ftsuro, to tlio wlili-
I'.m, nil iici'ount of tin'
ot' tho HraHon, and uiit
n (Jriuul uiul Qiicrean
from thorii ilnriiig the
oillish, thcsliortajjiMn
>ro not iiH uliiuulaDt in
iiiuckori'l on otir New
•I'lir, thiK'iitch iiiNortli
kiTol wiTi) inoie alinii-

Knglaml ports euj,'aned
ifiiHoiiof lri84,tlioiiimi-
1i(«iu<; '27,(i7'J, ua aRainst
liroviiieiiil lied, on the
jw an avi'rago in qiiun-
iT\io short age noticealih'
iiainly on tliti poorer aiul

0 lieavy dutii'8 exactwl,
iacoof'wiulingtlu'iuto
akt'U l.yllietrailP. Ai-
NowfouiitUiintl has been
s'«>\vfonmlliiuil, however,
t«»f their liUHincss belli;;

1 yearly fi"«»""""'"l'"'"'

o,l ono. large qnantitios
ken. About ir.,000bar-
r> per ho rrel.
horn fiHhcry, the tusheo,
„f (JlouceHter, on March
1 tishcry on reeonl. llw
„k.-ninl.ytl.o8choo,'e ,

of Marrh'.y, Bl'«l"'i."f|

rthofiHlu-rmenaslinvbOj
•„liMlHH:UmllPB4,la"<l-'

.:;.non..onHi,nantitie8of

LMiihwlelphia, large . luan;
■^ ^v.ro taken to Beai^

t •ilthonglialniKyl'W j

;;;,;ratio.M.r eatcbing

,nolu>eoinealaw. H" I
nln.ackerel.aniWouldl

,"r.h-alerH,li«lH'n.K-J.o

■*"";.• •VrUpace.louthoj
:..^rlV*^4,o«PCcially^vl.e.;

y

.10, with barrel, tor Bw«»!

UmU; in AuKiiNt at $'2.r.() to $:< for :!'«, ^.'i to ^tSM for ii'H, ami $10 1o $12 for 1'h,
iiaeki'il from vesHol, for Mi»H.><acliiiHotlH IJayH; in Scptr'Uilxr, at $5.50 to $<i.25, from
piekie, Willi barrel, ami $:i.2:» to $1 for 'A'h, $(1 to $t;.l)0 lor U'h, and $13 to $14 for IV,

ikdi from vesHel, for Man«achuH«'ttH JlayH and KuHtor i Bhoreu; in October, at '

25 to !$7.r)0, from i»ickle, with barrel, for MaHHuelniHeltH UayN and Eantcrn Hh
iliii November, at $0 to $»)..^0, from i>ickle, with barrel, for Eastern Shores. 1

lue
pae

from '

HhoreH,
nniliu Novemiter, ai ^u to Ji*i.;tu, irom ]>icKie, wiiii narrei, lor j-.astern Huores. Nova
Scotia niiiikerel have sold frmn $15 to $^ per barrel ; rriiue Kdward Island inaekcrol
Inmi ttito^flf) per barrel. The first leeeipts from the iHhuid were on .Inly l',\.

Largo boilitv* of mackerel were on the Labrador coast during the jiast seuHon, and
Iheruis no «loubt that, if tlshernieti had lieen prepared and knew how to handle them,
iherp would have been some fish from that seitioii : some fine few lots received that were
nelliianillt'd proved of line qnality, and sold for$l7.r)0 per barrel ; they wore of large
»i/,t', and fat.

yfirriiifls.— Am has been stated, tlio rotonmc lierring fishery was n good ono as far
lid the lakinK of herrings went ; prices ruled hiw. Oving to tho fact that tho cheaper
^.TadcHof horrinji, such as Dalhoiisioand QeorKo's Hay, of which in previons years wo
havcrceeivedlar^eciuantities, would be almost entirely excluded by tho duty of $1 per
liarn-i, a fireat many more vessels wore fitted out our for Shore herring fishery than
usual, lio]»iiig to niake up as inueli as pojtsible tho difl'erence caused by the , 'iposition
(if till! duty. Wo estimate tho last season's catch at from 25,000 to ;iO,Ouu barrels,
wirnh is ail nnusnally largo catch. They sold during the season at from $2 to $2.50 per
I irrel in cargo lots according to contract. Tho frozen-herring industry, which is yet
ill its infancy, is developing rajtidly. The principal fishing grounds are at Eastport,
iirmil Miinan, New Itrnnswick, and Fortune IJay, Newfoundland. Tho receipts at
Utblon during the year lriH5 were about :{0,()00 barrels, or 15,000,000 fish. These fish
are used very extensively by the (ieorges liank cod and haddock fishermen as bait
liiiriiin the winter season; iiirgo quantities iire also used for food purposes, being
uliiiiped ill a frozen state nearly all over the United States. Tho first vessel to arrive
hire with a cargo of them for the season of 18H4-V5, being tho Anna and Lilla, of
Portland, from Eastport, with l.^iO OOO fish, on December IB, lHr'4; tho Banio vessel also
hrongbt the first cargo for the season of lHS5-'8!i, 200,000 fish on Decembor 17, 1885,
fmm Eastjxirt. Tliey have been selling <luring the season at from 25 cents to $1.50
per bnuilred. The George's Bay and Nova Scotia splits have been almost an entire
failure. Dalhoiisie herrings have not been saved this season, as the fishermen »ould
not iiay llio duty «'xacted ; none have been received in the Ktates tho yiast year.

Labrador hi'iriiigs have been in ^x'.l supply, and, as has been staled before, have
sulil from $3.75 to $4. 75 per barrel ; which seem liki^fair prices; still results to the fish-
ermen have been jxior.

Cwf/iii/i.— The catch shows a f.iUing ofT of some 10 per ciint., and ]irices for the sea-
son have liiirdly ruled with those of lfi84. The range of prices has been $2.75 to $3.75
peniuiiital lor large dry liank, $2.50 to $3 per cinintal for mediums, $2.50 to $3.50 for
iar;;e picked Hank, and $2.,50 to $3 for mcdiunis. Catches of jinlloek and cnsk have
lieen light, while the catch of hnko has been somewhat larger than for the previons
»easou, yot it has not been largo enough to bt! called an average catch. Tho suortagcs
in these varieties luvvo not been missed by tho trade, owing to the large supplies of
low-priced codfi.sh.
Salmon and Irout. — Tho catches of these articleshave been fully up to the usual average.
and prices have been advanced just about the duties over tho.so of 1884, salmon rang-
ing from 610 to $15 for Northern, $8 to $13 for California; trmit, $8 to $10 per barrel.
Boihrrings. — The receipts in this lino show some little falling off, mainly from tho
provinces; ]>ricc8 have ruled lower than for 1884.
Ji/oa/er».— Bloaters have been in good supply ; demand fair, and prices have ruled
from40 toOO cents i)er box. While onr receipts give small amount as coming from
foreign ports, more than one-half of entire receipts are from Now Brunswick, entered
and duty paid at Eastport ; same is also true of box herrings ; over one-half of receipts
from borne ports are from New Brunswick.
Caiiiifrf;,<(/i.— The popularity of these goods is steadily increasing with the consnmers*
i'mned machrcl. — As was to bo expected, w ith care on tho partof tho packers, looking
tothinising of only good stock in its preparation, the season Just closed has proved
twt the packers have not secured all tho stock required by flio trade; prices have
nngod from 7,") cents to $1 per dozen, and stocks have gone out <iuito dean.

'anitfd /ofts^cio.— There has been a fair pack of this article ; the oi)ening price was
iil.W per dozen, but it has hardly been maintained, and sales at tho close of tho year
(»freat$l.uO per dozen.
■Wdinw,— While the catch of fl,sh suited to the packing of these goods has been a
rhtone during theintst 8ea.son, jiriees have been well maintainetl and have no douht
iKftfairmargiiiHof profit to tho iiackers; tho outlet for these goods is steadily in-
Itieasing.

^*«''./i«'i— Although we have never attempted to tabulate the statistics of the
IWormoim quantities of fresh fish handled at Boston, we have during the past year
Iweauccouut of the receipts of fre.'ih mackerel, which amount to 43,843 barrels, re-

024

AMEinCAN I'M.SltKftV tNTKIiKSTfl.

roived from tlio ll«>«it (linnet, iiiul fnuii tlio Ci»imi (NmI wi«irs; thoro wi-ro G,8t8 l»arri|ii
forwiinl' <1 hy mil iiiiil Ixuit Irom Now York, ninl 'J, '.Mil biirnOH iiii|)ortt'(l from the
vicinity of Ynnnoiith iiiitl Hiirrini;ton, N. 8. Tlioro iiro now about tiiiity-livo vchwIii
hailinK from Honton whicli am onjinjjnl in the frcHh <"<mI, liaddock iuhI imlibut linli.
erien; th«>»«< thirty-JlvH, liowovor, form but u very NUiall proportion of tint ,vlio|i'
nnmber of veHM>lii uctivoly •, ii^rum-d ni HiippIyiuK lloHt<tn niarkot witii frtHh M
a jjri'Ht many vi^MwdM from ()loucu«tti<r ami otluT iiortH biniliii); (ImIi jicrc m wHI
Tho amount of fri'Mli end, haddoi'k, and halilmt landfd at T Wiiarf aloiitulmin;; the
year 1885 bwinjj 'i."),.''>l(»,iKM» pounds, according to olHciai li(xnn«M j;i von our a>;t>iit, TIhti'
urn no ndiabloHtatiNticH wliioli ran bo ^i von of tlio lar^o<|uantitioHof liiiiilisli.HaliiHiii
mnoltn, Sir., with which our nnirkot Ih Ntippiiod during tlioir rcMpoctivo m-asoim.

W»> tondor tli« rcMult of tho yoarV ItUMinoHH with our Im'mI winheH, ami ri-iiirii tinnir
many corrcxpondontH and friontlH (uir Hincort* (iianlcH for tlio aHMiHt.'in('i< wjiidi lut^
been 8o readily Kivon uh in tho pant, and of wliich wo would ank a coiitinimiKT

l'\ F. UUlUiiiSS, .SV.Tf(«r^.

ki

m:

FUh received by Botton dealem from fonii/ti aud iUuhvhUo porit, iHH't,

Janniiry.

Fobniary.

March.

April.

May.

Jnnp.

1 -■•

f

2,21H

i

e,

1

2,210

.6

*

I

■J

1

5

1

w
6,701

i

604

t

I

1

n

6,102

]

22

*

t

i

4,815

i

i

6

Macki-n^l lisrroln .

M»ck<«n>l llei-t. lua|>«cUul,
iMirmiR

^502

2,407

5,88fi

3,400

i,{x

nerrlnga barrpU . .

TI»*tTiiig», froi»>n . ito....

252
3, TiOO

1,604

2,014

3.17

UO

ifii

11, 828
"041

4,53.5

1.301

M75

50

280

7,100

2.742

2,015

8

610

no

1,558

125

502

■"w'i'in

8

""'os

103

fl

W
""300

1 a

673' 3 31

i 11:1

Trout do

.

1

:» 1

Shad do . . .

7
13,100

OU

4

08,212

M

Herrinjtn boxmi..

ii,248
4. 60:1
1, RIO
1,41M

20, nrn)

11.315
2,440

38,000
265

43,871

4,170

1,570

13

10

10,683

703

4i,8.'t5

46

103

1.010

42,026

41,180

31, 700

,11,300(H,."«) J
_ 1 1

Itoiii'h'HH do

Mnrknrt'l ilo

788

887
240

! 498 1

R Hft'i .. 1

647 7i«

<'<Mllli»h ciiiiiitAU..

Hake .. do

15, 445
343

i,C58

11,802
204

1,428

3,731
18S

820

""20
374

3,801
6*32

78 6,622

\x»

1Ia<1(1oc1c . iln

15

1

200

iso

481

'■'■20

ioo

90

(^nnk iliK

8S

Jnty.

AnKiMt.

S«ptember.

October.

November.

December. I

lUh.

§

i
1

1

v

i_

13,471

a
be

1

t
1

14,302

1

3,012

i
a

1

7, 533

1

10, 174

I

1.

r>, 780

i

1

1

0
B

•

t

i

u

1

Mackerel bam>t8 . .

Mankorel flo«<t, in»i)ccte«*,

7,572

1. 225

1,020

5,850

1,737

1,427

UerriiiKH barreln.

00

(KiO

21

41

2,254

0,502

7,108

0,074

2,859

5,382

897
1,076

'9,'i5«

%»x,

5«5
343

li.'oCT

3,281
■"20

1.765

,'.0

.Sabnoii do

AlowlvpK do...

107
80

"'"21

""m

80

e

232 15
4

■"'21!::::::

78 0

13,015 51,206

3451 3.572

47
1,140

■■■".ii
It)

20,41H)
31U

i,"923
2,403
0,314

"256

"m

m',m

4,3;i7

1,231

250

7,'5i3;

1,50i)l

UN)

15:1

00

i

i70
1,104

'"m
27:1

>0,9r2

"m

■m

K, im;

1:

AlewiriH, Hinokod.do

Trout do

J

Shad do....

HerrinKH boxes. .

Bloatora do

2
5,783

15

45,088

'•"••"

40,' 255
1,810

19,il9

Bonnleaa do

Mackvrel do

I.«b«t<TM do —

CmlflHh iinintain . .

Hake d<»....

HaddfK-k do

I'ollock do

(juHk do

074

338

538

5,879

120

""20

1,780
144

78.1
2,003

0,502

4n
""•ii

'4,' .'.70
5, two

■■'26
17

1,811

4, .30(1 40

30 S.KK

20,82815,018

2, 3.18, 88

300;

290i

145

3,001
M4

io.'.wo

5,051
487
107
280

'■■'iii

IM
"iii

— 1

n wiT« 0,rtl8 barrcld
liuportfil from the
it tliiity-livo vi'iwfis
'k mill liiilihiit lUli-
)rtion (»f tlio wholi'
kt>t with IVcmIi jisli,
; HhIi Ihtc as wpII,
iirf iilmiti (ImiiiK thi'
iMi our a);<Mit. 'I'luTr

Hllf llllU'tlNll.MalllHIII,
M'l'tiVI> WMWIIIH,

en, ainl rcnirii tiMnir

lHHiHtinM'l< Wllicll hx"

I a iM>iitiiit\ttiii'i'.
JlKiKSS, Svinlars.

)parU, ISHT).

May.

Jnno.

I

i

n

6.102

« 4,815 9,»S0

125

502

IN

..J 53
573i 3,31

... m

...I «
20' 3»

300

,2,167

887 i W

•J40I 5 Wi

647! I 716;5,7»l

3,891
602
2« ...

74 ...

20

78' 8,622 *•* !

Movomber.

4

{

t

5.

t

&

a

i.

0

0

H

In

100' !»

Bocenil"'

174

5, 780' 5,050 1,737 H^

m

471 1 1701.

141)1 305 1,1M-

~,\" .1 ,168.. . •

i,V" ..! "ra--
4W't;i,2t«i20,»12 "•

;nii; 4,3;!7i

l/JUl

•,!5U^, 848

17!
3611

4!i:i

■m .

6'iw!i9,i*|

'AH,V.i J

5g5|....-J

343 m

101

:„4 7; 013,12. 153,1'

13,1

I \,mi

I 1!H)

s.wi i5;i

00

3,281.

AMKRICAN FISIIKUY INTKKKHTH.

025

n«)i nwit'w/ fti^ llonlon dfalrm from foteiijii and dinnmlic porlH, lH(ir» — Ci)iiliiiii«Ml.

KKOAl'ITULATION.

FUli.

M4.k«rel • ;.• Urroli.

MrkiTcl Ile4>t, Iniiltoctmi do...

flo...

llcirill(!lt , ,

lliTrinu*. Uvun «I0..

Salnii'ii • .....uo..

Aliwivmi MO.

do..

«lo...

do .

IhrrinK* • boxes.

r.li.iilirs Uo...

I!iill(ll'.<!4 «lo.

Ali'viiveH, HiiHikrd.
I'wiit

Sliilil.

M«kirtl do...

UWcM •"> •-

i'imIIWi qillutftls.

Ilakn do. ...

Iladilwk ,■ do...

Nlwk •'«..•

I'lmk do...

TotuI honiu.

m,fl78
(HI, 714
14, a? 4
24, aw)
20
1,016

4fl

4i2,:n;i

32,471

10, 114

10. L'07

l.IHMI

142,364

14,401

i,0H2

1,4UC

UIO

Kori'iKn tuUl.

41, MO

!I7, 112

ft, 440

2, tW4

U, K40

00(1

6:it

41M

3.17, flIH

i,o:m

Grand total.

2, OM

IH, 1)14

511, KOI

t<8

52

1,035

IHO, 001

SI.IiM

29,640

2,104

»l,7(U

OOS

031

464

749, 931

33,500

16,114

13, 172

19, OM

100,225

14,480

1,134

2,440

OM

Fiah receired by Vo»tQn dealeri, 1881-1885.

Kisli.

MaolicrpI liarri'lii..

Uackorcl, UoHtun ll(<«t, bar-
Ms

niTrinpi barrdti . .

AieviveB do....

Silmiiu do....

Trout do

Hi'rrin|.'H, Hmiikod. boxes..

BkilcrH, aniukcHl . . .do

Cwi qiiintula..

WAe do....

Iliildook do

I'ollwk do...

('ink do ...

Sbiul banola..

ifiHb boxos..

1881.

si

&

73,053

69,669

12,4'.'0

0,184

080

337, 830

29,610

125,450

41,021

6, 792

1,773

1,4C0

14,203

1^

„i

■fc s

01,850

3

204, 920

44,900

8,104

1,097

1,147

274, 5«a

HIO

56, 852

7,901

1,(U1

3, 020

38

1, l.')2

31U

50,908

10, 288

2, 977

1,147

612,412

30, 429
182. 302

48, 022
7, 423
4, 793
1,507
1, l.'>2

14, CUO

1882.

si

44. 186

'83, 175

10, 678

1,129

2, 144

2.*>9, 799
30, s:>\

80, 2117

21», 625

2,288

o.->o

1, M4

26

11,333

37, 616!

s

o
H

1883.

104,077

i21»,802
44, 481

41, 978

9,090

1,600

1.845

440, 080

5, 060

50. 578

9, 4,14.

1. 081

2.120

104

1.24.-.

107

62, 556

10, 828

3,834

1, 845

708, 879

3.\617
1.(9,875

39, 0.'>9
4,269
3,076
1,008
1,271

11,530

9,129
2. 125
1. 200

234,040

24,044

104, 182

24,660

1,062

1,341

626

50

20,068

g.e-

75, 220,

84. e.^)

10,650

3,216

1,584

233, 547

3,196

59, 3()7

2, 075

1,077

1,108

50

645

1,586

3

140, l.'iO

03,770

12.775

4.416

1. r,84

467,587

28, 140

103, 540

26, 744

3, 030

2,440

676

506

21,654

Flah.

2:85b-5;i82| «07 1.'«^-

^'t^l barrols.

MiickiTvl, Boston Uoet do...

"*™K« do...

**»'"« do...

SJlniOD An

li^ot -.do.--

, Jfrnugg, Hiuuked ..'.'.'.".'.' .'.'. boxes.

|«l«iti't8,(iniokod do...

fc i"'"/!'*'^-

Mioek..;; „■■

wik jj,

I |W ...... ..."■.■.".■.■.■.■."."V.V.bftrroU!

"»">«» flail boxes.

.S3

S P.

8'

46,763

72, 184

7, 8.'>5

1,600

80

304, 276

32, 083

122, 254

7.443

1,200

1,344

722

10,281

Cm

1

o
H

60,426$

Kt, 093

8,675

1,803

094

308,068

4,490

77,201

2,047

1,342

3,191

15

320

150

170, 373

02,048

10, 281

1,883

004

703.244

36. 573

100, 455

0.490

2.632

4.635

737

320

10,431

1885.

.5

80.678

66.714

14.274

1.015

20

412,313

32,471

142, 364

14. 401

1,082

1,405

610

46

16. 114

6.

41, 600^

37,112

0,815

2, 0!'4

631

337, 018

1.038

56. 8o1

88

52

1, 035

418

^

189, 001

51,380

8,761

2,104

631

749, 931

33.500

192, 225

14,480

1,134

2, 440

610

404

10, 114

m

.(. '*

92(>

AMERICAN FISHERY INTERESTS.

Slatement showing the number and lonnati'' of rwni h v/ the United Staleii emphijalit, t^f^^

and mafkcnljinhiricn June 'M, lbc(5.

SUM M All Y.

I

Ife

SUtcs in which dooum(int«<l.

Mitinn

>.'ow llnin|)8hire
MaHwat'liiiHottit..
lUiodo Islaiul ...
(;oiini>rtiout ....

Now Yorlc

Virjrlnia

TVorth Carolina .

Florida

California

Total ...

Vo88elH al)uvo 20
tons.

No.

au4

14

031

11

M

16

4

I

1!
. 10

Ton*.

17, 528. 66

rm. 11

43, 1)04. 17

1, U81. 00

3, 'J46. *H

3, 166. m

231. i:i

aa.22

372.68
8, 821. 03

Vi>«»(>1h undur
20 tons.

JVo.

2s:i

f)

18J
OG
It.')

1U3

"i

4

1,080 7:i,97r..23 i 714

8, 5«U. (i«

Total,

Ton*.

Kn.

3, 4W. !!:<

607

72. 79

ID

2, (Kin. !)■>

ei:<

o:ij. r.ti

77

777. (12

rj3

1,510.23

119

4

11.28

2
15

46.14

43.711

24

Tm.

Ml. to

1,713.«:'
4,(rJ4.1»
4,683.19

231.13
44.50

418.6?
3,66J."2

1,803 : i!2,!iN,n

Takan from tbo Annual Iloport of the CommiBHionAr of Kaviiiation.

Jmoitnt of inspected barrels New Entjland mnrkrrel cntvh packed at each portatreporidtt \

the JioHtoi: I'inh Bureau, 18f%>.

Ports.

MaM.nchnMtts :

HiisUtii

lk-v«rly>

Coluutsut*

DfiiniBport*

Fnirhavon •

(iloucenter*

llarwicliport'...
Nfwliur.v[K)ri* ..
Prt vincflown*...

ri,Vinoulh» ,

IJiK-kiJort'

S4m(h(;hathain* .
SiiHtli llai with*.
\V«lltlt>et« ,

Totid.

Maino:

Booth Bay

Cauid«D*

D"nT Islo*

KuHtport •

iHlfolonI'

North Haven*..

rortland*

S«nitli|M)rt '.
SwiiiiH Ulanil*.
Vinal Haven' ..

TotiU.

New

Enitland

•bora

float

15

3
4

1

130

6

2

14
2
B
4
1

30

2?3

Norlh
Buy

40

7

2

1

1

3

17

50

10

8

3

III

Total
iiumh«r
of bail.

16

8
4

1

nil

6
2

16
2
0
4
1

30

275

7
2
1
1

3
17
60
10

0

a

113

Total

niinilier

of

craw.

240

45

14
2,640
02
27
225
30

m
eo

15
670

Now

Knclund

shorn

cutoli.

Irjtp. bbli

56, 3.W

100

269

3, (KW

UK)

100, 000

3,060

14,513

2,040

20, 740

4,123

106

20

12

18

33

207

018

ir.5

143

45

1,750

201,002

6,500

150

88,025
0,534

North
catcli.

10,o>i4

15,000
""333

Total
catch.

IitipM.

t»,7U

too

3,IK)(I

14, M

2, MO

20,:40
2i,607| 2*i59

l,B75

e,5oo

15il

101, 200

l.BTS j

103, IH

• Mftckprel nirwl ftt ll«>vnrl> wero tul(«<u in traps.
' -' * Wholoor part ol'caloh pai'lit'd at othur ports.

Amount cnMlliod to oaoli port i« the nmount pa< ked tli^tf, rogardlcM of amount of wtch of tcmci
bailijiK fiuiu lUero, which iu uiauy iustanoea pacliod at utbui i>ort».

AMERICAN FISHERY INTERESTS.

927

alenvmploijedintkni

[oUil mackerel catvh of Nvto ICmjland Jket for five yearn, as rriiorlcd lo the lioHton Fish

J!urmu.

1

lilidxr

„..

Total.

Tomi.

No.

Tmi.

452. 2^

607

:o,i)*o.«

72. 70

ig

6«l.»l

o:m. 05

818

4.'), 941. 12

«;i2. .w

77

l,:i3.6i

777. (12

1'.'3

4,irJ4.10

510. 23

119

4,683.19

4

231,13

11.28

•>

44.50

4«.14

15

4ia6I

43.70

24

:;.t6o,'2

, W9. «6

1,803 82,!1«.S)

('(/.•/( port as revortidui

low
gill ml
honf
itch.

Nnrth

any

cutvli.

Tiiial
ciU'h,

>p. bbU.

56, a.w
100
200

3,IH)0
KH)

1)0,000
3,050

14, 513

2,040
20,740

0],0G3

6,500

ISO

88, 025
0,534

Intp.bUi.'ImpM.

iu,oiM' •*■■■

15,000

333

25,607

65, :u

100
M9

i,m

100
lis, 000

:,9J0

14, M

2,M)

20,740 ]
228,759 I

6,500

liO'

1,975

9(1,000 '
6,531

01,209 l.M5| W''"^

8UiouBtofl»ktcliofW«el

States.

Yoar.

New

Knclund

Hliore

Vl'HXelB.

233
111

North
Buy

VCBItvlH.

42
2

Tot Hi
Hiiil.

ToUl
crew.

4, 123
1,756

Now

£DKlund

Bhori)

cutch.

North
Bay
fleut.

In*j>. bbl*.

Total
cat«h.

u-iotiofliiidnttfi --.

1885
1885

1884
1884

1883
1883

275
113

ln*p. bbli.
•Jul 06''

Intp. bbU.
220. 759
103 184

ifninn ,

1011200 "i!i»75

ToUl

344

44

*rf —

388

5,870

302,271 27.672

329, 943

\(t..i'irhnHettH

182
71

87
21

2K0
02

4, 2C5
1,402

280, 600 17, 787
168,740 1 K.Mi

307, 4tiO
170. .590

4.-.8. 439

'

-Otill

253

108

301

5,607

10,637

478, 076

214
8t

54
0

208
90

7,885
1,34!)

142, 545 26, 266
65, 474 2, 400

168,811

57,874

1'otiil

29S

246

88

6')

358

8,734

108,010 28,666

226, 685

1882
1882
1882

1881
1881
1881

246

88
8

342

206
84

8

3,823

1,156

104

5,083

2, 975

1,177

106

258, 716

119, 847

300

258,716

119,847

300

Total

342

—

u78,8e3

378, 803

203
84

3
3

209, 165

116,022

6,400

3;io

140

269 465

116,702
5 4U0

.Nfw lUnipghiro

Xotal

200

208

4,258

391, 187

470

391 657

Id the above tbo Suutbern catch aud iiunilior or vcsHblH uro iucludod in the Hhoro cutch.

Total calchof cod and other ground Jink for Jive yearn, as reported lo the Boston Fish Bureau.

StaU>8.

Year.

V«i»«pU on
(tiiinil und

Bank8.

Veaatdson

Northi<uHt

alioru iinti

tlcorKca

Baiika.

Ti.tiil Tdlui
Mail. cruwH.

Catch 0:1

(iriii'd uiKl

West I'm

Bunk a.

QuintaU.

280, 803
8:., 125

Catch on

Northi'aHt

Hhuro and

tU'ortioa

Banka.

QitinSal*

443, 177
84,850

Total
cutch.

MaiwiiohuBetta

Maiiio

1886
1885

163

53

264

250

427
303

5, 106
3,34';

QuinlaU.

732, 480
169 975

Total

2tS

229

77

614
100

'Mtll

730

374, 428

528,027

002,4.55

1884

1884

Maimacliusotts

Maine

428
337

5,277
3,474

• 304, 383
99,350

3:i6, 130
171,440

7,')0,5I3
■i7() 700

Total

306

459

160
262

705 8. 751

493,733

507, 570

1,001,303

MaiwailiusiatH

Maino

1883
1883

248
70

408 I~7i,2i6 1 487,760
338 1 3,385 i 90,975

267,900
215 063

7.'i,"i, OWI

'tint ll'IS

Total

324

422

153

218

6

746 1 8 001 ' •'»"M '!is

482,063 1 1,06!, 01)8

'

Matwacbunetls

Malno

^I'wlIiimiiMliire...

1881
1882
1882

940

71

4

308

280
10

4,804

2,785

130

400, 272
73,806

200, 015 601, 187

2;'1,011 205,717

2, 000 1 2 000

Total

ais

877

002

307

210

21

7 710 1 i^i 07B

424,826 1 898,004

......

4, 2.54

1 HI4

'

U»«»achii8ctt«

Maiuo

1881
1881
1881

170

73

«

178

143

15

203, .500
7') r'-jx

285, 0.50 1 548, 640

130,0,37 1 212,387

6,000 1 14,000

Xfw Ikmptdiire.!!

234 1 0,000

Total

368

336

004

6, 402 1 355, 040

410, 387 775, 027

II

1)2H AMKKICAN KI8HEUY INTERESTS.

Xew England Jleei oatok of cod and other f/'onnd finh, /««<J«J at komt porl*. as nnnt-Lj .

the llooton link nurmu, 1885. ' ^'^ '

MuHMU-Iiunetts :
JJuvorly'
Chatham'*
Kiilrharpn*
(iloncpatcr***
Murblohead*

I'lymouth
Provlncefown '
UockiHJrt'
«<iMth llarwiob ' •

Mallio :

Rootli B»y»
H«r Harbor'
iiiMH Harbor
Lhickaport
BroLipn'
Vai\w Poiin-...-*'
('niiilH!rry I«le*

EiiHtp'trt*

Ei«worth » »
E*»t llooth IJaj*
KriiMitUhiii
Huqwwell'
I>t>inulne . . .

Iiiibeo

Mitinksaai*
North llir.Hn'.
N«!W lUrbor'"

OvlMl(l'«

l*orUaiid

IVuiatinld

PortClvtlo

Soulh|)brt"«
Swan'* Inland*
Soutbwt'Kt lliirbor

SMlgwirk

Viiial Uav«n'
WiuU'f llarbor

ToUl

' Tnclndfw one na'l that ttnhod oflf (Irernland and tani1«Ml 400 nulntitli halibut
'Catohof Hiiialt hIiofo iKmtn, and miiiiIht of humi In saino lurliided.
•CaUh nf SoutU Chat hum, iiiinn/'ir of vosmiU, &('.., lucliidcd.

* lucliide« VMuit^U in balibiit tt8b<!ry.

* ItruwuH llauk vcbhoIs .lud amu..Dt of catch (about Bt,70C qulntala) ure iiiclmbHl wltli Ueorges aim
Shore.

♦About 25,000 quiu*a)fi inclndod, which wore la'-'dod b:- rosauLi from olhor porta.

'Ini'ludos Hvo vcam-ln Miat (lnh<<<i in North iJ»y.

' io( <ud<'i* I'.OOU <|utiita.i« htudid ut Kaat Ilurwi':h by boata.

* ISankllN:-. ciii'imI at UiickHport.
■"Landod UhIi at Vinal Ilavou.

■■ I.nuu qnintala i»ndtMl bv Itooth Bay reaaul.
>' 1.200 >tiiintAla < unil at Viiiol UaTrn.
4,SM)0 quiutala cunnl by Booth Bay VManla.

AMERICAN FLSUEHY INTERKSTS.

920

Ne porh, as rqmui to

HtirnI

rmyer barrel of la^jh yraiie of pickled mackerel in ManaachuaeUH iti the first week in S«p-

icmberfrom IH'.iO to 188").

m,Mz\ 443, ir/; ]n,m

luclmli'U with (JeorgM auJ
or porls.

Year.

IS.10
Wl

\m.
m,

1(35,
ISHi,

)«".

IBS.

1,«.
m.
m.
\Hi.
m.
w.
\i\y
\m

IW.

m

\m
m
mi

mil.
m
m

\in

m.
\m

No. 1.

No. 2.

i(o. 3. 1

1

ti M

•2 (12 ,

4 ir,

•i iia

4 no

U 75

4 71)

!) B.I

4 7a

3 ;ir.

0 m

4 Oil

K 0()

5 00

0 "ill

4 12

0 2,5

."5 r>o

10 no

7 00

10 no

.'i ,10

10 IH)

tl 00

II 00

4 no

H 12

li I'l

7 !>0

!< :

10 !ii)

II !•;

(I •-',")

:t HI

H ir,

4 i'.-.

11 00

;i :i7

7 00

.•1 fiO

Teivr.

IHUl.
HI12.

IS:

rt

uii h

,1 ij

.'. 7,1

7

111

.1

00

II

-T'

0

10 1

H

ID

K fill !

8 no 1

5

1)0

m
Hia.

IHI18

\ma

:.C0, l.iiy...
1H70, sboro ,
IHil.lKiy...
1K7I, bIioi'o .
I '\ Imy ...
I slioio .
Irt,',!, I)!ly ...
187,'l, hIioiu .
1874, bay...
1K74, slioio .
llS7.'i, buy ...
187.1, Hhbro .

1870

1877

1878

187U

1880

1881

1882

1883

1881

1885

No. I.

$8 50
8 2.1

14 110

30 m

22 00

22 7.1

17 CO

17 00

23 UO

21 .10

23 00

10 .10

t| 2.1

11 ,10

14 •'■XI

11 7,1

20 110

1.1 00

13 25

H 00

IB 25

1,1 00

10 50

18 00

Hi 00

14 UO

14 00

18 00

20 00

14 00

13 75

No. 2.

n no

6 00

i» 25

20 00

15 00

13 25

12 35

13 00

It ,10

11 OO

0 75

7 50

7 25

!l 25

0 ,',0

12 25

8 UO

U 00

11 00

10 '.'5
0 75

12 .10
8 00
5 00
7 00
0 (HI

11 00
14 00
10 00

5 75

No. 3.

$2 75
1 50

6 50

0'75

7 50

.1 .HI
0 25
7 00

0 00

7 00
7 00

7 50
5 50

8 00
5 00
,i 00
4 00
4 00
ft 00

10 .10
3 fitj
3 76

IWcil nrt«|6(-f (If hatfvta ofeach quality of itickhd mackerel inapeeted in MasHuehumHit f>om
\M\ (o |.S8.'i, and the total raliic of each year's inspection from 18:i{) to 1885.

Voiti's,

! m...

m..

i i«i;i..

IHt..

m..
iHi; .
w;..
Iw* .
w:i..

m..

Ilarrols nmckorol inspected.

isa..

w..
m..

iffit.

jitti

8. Ex.ns

2, 274 J

2. nioi

1, 3II8|

1, oooj
oooi

80
:t.225i
8, (1041
I0,400{
14,410
10,614
12, 4,13
7, 4001
20, 035
10,804
4,1, l!4fli
20, 040
43. 400
81, 357)

63, 2351
64,184
47, 808i
70, 108
28, 070

64, nioi
80, 433i
45, 005
53. 005)
24, 573

-59

23,747

3,078
4,770
0, 023

2, mk

1,231

,14(!i
.1, 4.Ki.l
0, 'JUI
5, 'JO?
II. III'.'

3B, .■,:>i
:i4,8ii

!!2, 103
««, 081
e-.!, 047
75,221

100. 840
80, .184
liO, 335

no, O'Uii
77, 0!)8

101, euon

171, I8(!

07, 21Ui

08, 927i
0.1, 5.i:)i
57,V7li
00, 558
01,027
28, 688
22, 0J7i
11,040
10, (Vi9

3, 472|
5, 242
10. 000)
2, 720
1, 025
7031
7, :t77|
13,010
2I,0H8
20, 775*
43, 0751
n-*, 374l
7I,50.")|
7.1, 578
63, I54J
71,183
114,0041
34. 057}
30, 012
03 422i
04. 095
150,025
142, 104
00, 553i
00,44,14
7H, 802|
01,924
CO, 187
.12, 557J
44, 184
30,013}
20,001
21,141

14

Totjil.

Total
valiiu.

8, 825
12. 552i
17,401
.1,881
3, 7.1fli
1, 339
111,0.10 V
30, 909
37, 302
40, 348
100,111
115,041
111,0001
100,l!04i
14.1, 000
191.050,
251,384
158,740
190,301
237, 3'JI
225, 077
308, 40:ii
383, 54Ki
222, 542
222, fl3'.'i
2.12, 879i
104, 8001
174,4104
138, 1.17*
110,7401
74,2081
50,4011
D5, 637

1,1 111, 470

1, 5S9, ma

707, 70.T

070, 035

1,10.1,842

1,030,.1«0

I,2(i8,:t88

803, 063

925, ooa

710,204
473, 345
518, 300

930 AMEKICAN I'lSllEIlY INTERESTS.

Total Humhcr of bani'U of cuvli qualily of jnokled mackerel innjterted, «fc.— Coiilimit'il

Years.

1M2.
184:i.

1844...

ms....

1846...
1847 ..
184S....
1H40 ...
185<)....
Ittf)! ...
185-2....
185:i....
1854...
ISTfci....
ISTifi...

ityiT ...

I86H....
1850 ...
1860 ...
1861 ... .
186-i ...
l8o:i....

1864 . . .
1865....
18G6 ..
1««7....
1868....
I860....
1870...
1871...

Ifrvi...
1«73...
1874...
187r;...
1876 ..
1877...
187e...
187'J...
Ih80...
1881...
1882...
1883...
1884...
188S...

Itarprls itmokonti inapeotwl.

20, 363
32. 759

•J^. K43J
08;ii

ml
i.M.j

404
401
7tlf.i

oniii

-«■

44,
DM,

li:i,

01,

8H,
Mil,
SI.

■■'•■■m

51'J

347|

330

8281

877*

01)2}

OK'ti

3lvU

7231

808J

001 4

i)J4i
04«4
1K7J
806}

687J

loflj
MOOj

iH,.)i:>j

lt,(VM,^

ii. (yj.:A
•j(i,4r.3S
ir.,r,o«j

30,015
•JO, 8;-/JJ
22, 377|
15, 742

•81.

7.'!,

61.

58,

70,

81,

67,

103,

1.13,

l.W,

rJ2.

93.

7-.',

CO,

10.1,

71.

H3,

112,

33,

30,

22, 496

13,088
22 515
HK 623J
70, 005
70, <Kt6i
70, tf7»4
81, MIS

24. .»«•»

46,24:"

91, 122

70,810

45,218i

21.0203

12,0604

122. 837

IIH), 2M<Ii

78, 388^

130, 075i

137. 7461

03, .5621

.16, 3191

46, OSJ'j)

4.', 2624

02, <m»i
lK!».422fi

S.'), 8li7 4
51, 371.}

03, 888J
7l,442j
l'», ■.'70)
00. 77j;
37, 286
48. 170j

.91, 113^

104, 4344

l.iO, .586

li5, 121

48.0784

.5i>, R.3," :■

10(},!ft)4

23,684
18,604
3.5, 023
8,5, 5fi«4
65 "76
71,7(10R

107,0581
65, 584
H7, 60*

!;!.•>. SB74

11 (IKV^

U(l. Jil
47,981
38, 257
32, 3321
22. 207 J
50, 578i
22, 18(1
IfKi, on
102, 00 H
3.1.2I2J
30, 266|
44, 7748
41,048*
44,0774
05,7171
63,01Uil

(\\ :r22i

'..-., 693H
37. 705i|
73, !)60
73,42)1]
»3,4H1S
37, 70IIS
70. 1751
54. SOfil
IK), 5.54 ij
98,80)1

123, 788
4.x, 341 4

188,1121
U2,U51|

2I,««R
4144

i,:i:i.<
178
711

1,0(124

3,441
633

r)*)2j
■jso
Hi

241, J
2001
■llSl
0251
3, 54fl,;

■mi
"4,'2nii

4, 8181

l,2!)4i

11, 78.". J

3.-. I

19, 510|

2, 1273

428

30, 8074

13, 0011 j

7fU

Total,

7.5,543
64,4,V,
86, ,1811
202, 302?
170, 511}
2.'>1,I)1"J
300, i:);)j
208, i»,Vi

242, .572
:IJ;I.1M4J
lltH, IL'i)

i:i:i,;;4(H
i:r.,:iti>}
2n,i).vjs
■-'14,:ii'.'j

lll.flOiJ
fl!),7|.j}

Wi, Kill!

30(1. Ol.'j

274, :ir.;i
2:.a, "!)6j
2:;i,(i9i;j

210, 314

IHW.«.V1J
2^4,2105

31S, r.2r
■.'.'>:>. 41tr
ISl.WB
1H.'),74»<.^
2."*, ;iT!IJ

iiiu.od:;!

2J,'i, !H2j
IO.'i, l)B7J
14I.22(1A

15.-,, 2078

243. M^i

TA, i7;;j

i.W, 382

154. HI)

210, 5704

Total

Villlli'.

40.V.ITJ

(i.U,juj
IM.tilia
i,0in,.w

2'.'M,!C.-

l,R'iH,,'.iMi
l.:iiitl,l.S

i.;,7„',i;

:','J4!t..i||

i,4!n,rj
i.'jii7,8;:i
i,:il3,,Ui

:'. 129,01^4
:',i»64,Sl
•.M(?.'.7:i<
1,7l';i,JI6

i,'j:K-,,or)
'.',.'M,0f,7
l,ll(i,«.M

l..'c,)l(i

-',P7»,7i7

t. 7:i' ■
4,:w,;

•.'.ri3.',rii

H,l!tS,;il5

:i,7)4,M|

■J. '.'33, Oil
1.!H8,4I6
'J,7!i-J,M I
■j,B:i7,(il.i

i,:iinuo j

1.6W,M
1,137.,'ilSJ
l.ii'«.HtJ
Sfll'.iW}
1,474,152
I.i'OUMI
■.',741,44M
l,lil!l,7aj
l,8.'i3,7»i|

i,aii."''i1

Number of bftrrt'ls Inspectetl as above given are fnjin tlio oflivlal ntnrnsof tlio inspcctor-gcntnl

:■ !ii.'ai;.i./:.? i ... ^

led, «J t .— Coiiliiiut'd.

0<1.

«fi»

:i:tHj

178

711

im

Total.

75, 543
W,45l
86, 381 i
2112,302}
l"l>,5i;}
2.'.l,«17i
300, riaj
208, il,i(l
24?, r>72
:i:9 244i
lilH, 120

i:i:i,;uoi

i:ir>,;ii!i3

2ll,l)."ifi8
214,312J
l(iM,705j
lll.OO'i

Tnlal

Vllllli.

2M
144
241J
2«!)i
4lKi
ti2.-.i
I, MOi

■.\n

3703

4,2fiii
4,«IKi
1,2041
l,78r.J

9, 51(1}
2, 127g

428
If., 807J
i3, llOltj

7t"J

.iiMi, JUi

274, ;tr.7i

2r.8,7!«J
2:11, IWJ
210,311
IWJ, O.'iCiJ

234,2105

318,.Vilj

2r.!i,4i(ij

ISl.UM
lH.-),748i
2.'iH, 37!li

i i;io,ofi'4

225, !M2l
105',0!)7^
141,22(1 J

i.-i:,,2;i7i!
24;t.'J.''>t^J

2:V!, 1734

2r>8, 382

i:v4,iio

2Kl,7irtii
215, 5T«J

1..S of the inspector-gem «1.

AMERICAN I'lSMHUY INTKUKSTS.

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AMERICAN FISHEUY INTERERTR.

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934

AMERICAN FISHICUY INTKHESTS

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AMERICAN FLSTIEIiY INTERESTS.

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tl-- l.■^ ^1.0 O lO m CI o ci P »/> p iC Q O I ■• O O ti^ o o o o o o o
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<; 'jc ■« « X t> V. <Tii ■o f« .A S5 S5 .->. « <*

936

A&fERlCAN FISHKRY INTKKKSTS.

\i

Tonnaijt' of vra»d» of the United Stairs emiiloi/rd in the uhale, cod, and mackrrd fink,,; .

from IHCO to IHtT., incluaivv. "' '"'

[From flguruM couUlned in Uto annoal report of tbo CommiMlonor of Navigation.)

Yrar oudiiiK iTano 30 —

IMO.
1861.
1802.

itxa.

ISM.
1885*
ia66>
1887.

1888.

1880.

1K70.

IH71.

1872.,

1873.

1874 .

1878..

1878..

1877..

1878.

1«7U.

1880..

1881..

1882..

1888.

1884..

1885.,

Whale
flalierlK*.

Tons,

180,841

145,734

117,714

90, 238

05, 145

00, 510

J0.\ 170

62.384

, Cod iMarkwl
flaherlM. | ttdiericg.

71.
711,
87.
01.
fil,
44.

:iit,
:w,

30,
40,
80.
40,
8H.
38.
32,

:i2,

27.
25,

343
202
O.M
400
OUH
7.V)
108
2211
IIU
r>U3
7(M)
U28
408

r,r,\

802
414
240
184

Totu.

138,083

187, K40

133,001

117,200

103.742

eMH5

61, m2

44, 607

Ton*.
2«,1U
.M, 7K)
N), WW
r>i.uiu

41, LW
■Id, .'.80
:il,4U8

Hn. HK7
02, 7(U

01, 40(1

02, w>:>

1)7, .M.'i

i(io,r>i!i

7i<, 200
Wl, '.'(17
K ,', f«)2
Itl.OK,')

m. .M7
7u, mr>

77, .l.'IS

70, m
77, wi:i
u.\ ii;ts

H2, 040
82. .ICS

Tnlal,

Tuiii.

'a.m:,
3:w, r,:,
3:11,1111
207, ,k;
'.'.>I,M
I'.Hi.Olll

'.'n,Mi

l.v,230
1K,W

i.um

117,398
11K,,W
1:0, Bid
1:11, Gill
r.'«i,247
ll'.l,i>i:i
115, Wli
114, CM
U<',«i
l'.'7,452
Ilil.lh!)
1U7,?«

t'Tbo tonnaKO for 1805 anil 1888 in partly liy now mcaaaremoDt and ])nrtly by ulil.
NoTR.— Tlio iiinckiTt'llicniHi'ii llav(^ nut lioi'n i«nn<'il iioiinrat<<1y aliiRo 1807. wln'iia gpiiprnl (Isliini;
llrwiM) won {tniviileil loruiilwtu rml ami iiiiickt^n-l lUliniicH.

1(2 mackeril j

iiJcrien,

t Navl|{»tion.)

1

Marki-rol

Tiilal,

iM.

fliilierli'K.

i». Timi.

Tom.

WW •jfi, m

H'.ii.f*:,

K40 r>4,7itr>

3:w,;i;;,

mil N),MM

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742 r.5,«U

'51, M

1H5 1 41, '209

l'.lti,910

042 4(1, 58U

'."AMI

&U7 1 ni,4Ut)

ri«,«ii

H\ HH7

l.M.IJ'l

(lU, 7il»

, i;«,w

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ir.ii,4u

1V2, Kliri

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it7, m:>

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7,8, aiKl

117,398

m, ati"

1 11S„M6

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1 r.'0,«lH

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1 1:11,6711

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7B, KHr.

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1 115, W6

7«, m

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' lliiCW

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127, 152

H2, »40

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82,505

107, 7W

I i)i»rUy by old

117, V

rlicn a rpi

lornl fluliiiu

Honse Ex. Doc. No. 153, Forty-ninth Congress, second session.
AMEIirCAN FIS11EIUK8.

M E S S A G ?:

FROM THR

PRESIDENT OF TlIK UNITED STATES,

TKANSMITTINU

Report from the Secretary of State, with accomjmnybuj cnrrcupotnlcnee
kUceen the QorernmvntH of the United Stales and (heat Hritain con-
nrnUujthc rights of A meri rati fishermen in the waters of British North
America , Hupplnneniary to corre»iiondence already coinnmnicated to Con-
tjress, December 8, 1886.

FEniUAKY H, 1H87. — Keferrrrt <o tlio Conmiittcc mi Forcijjii AlVairs and ordorod to bo

printed.

To the Home of KepreHvniatircs of the United States:

1 tnin.smit liorcwitli, in rt'spoiiae to ii n'soliitiou of the ITonse of Rep-
resentatives of the 2Uh ultimo, a report of the Seeretury of State, witli
acniiiii.anyinjj: copies of correspoiideiu'O between tbo (jovernments of
till' I'liited States and (Ireat Uritaiu concernin).!: the riglits of Anier-
bii ii.shcnneii in tlio waters of liritisli North Ainerie;', 8Ui>plenientary
ti the correspondence already coniinunicrited to Cougi^sawith my nies-
8af,'con)eceinber 8, 1880.

OROVEB CLEVELAND.

ExEcuTTivE Mansion,

WttHhington, February 8, 1887.

1'oihc President : •

llii' uii(lersi<;ned, Secretary of State, lias the honor to transmit to the

l'it^i(l(Mil,\vitii a view to their beinjj communicated by him to the House

iOtlU'iiroscntatives, the accompauyin;; copies of correspondetico which

I taken i>lacb since December 8, 188(1, and up to tltis date, between

itlii.sDcpartnu'nt and the Government of Great Britain, on the subject

I rtfi'iml to in the annexed copy of the re.solution of the I louse of Kejjre-

I i|t'nti»tiv('s, wltich w.'is adoi)ted on the 24th nltinto ami refern'd by tlie

1 it'sidnit to tliisDei)artment, when! it was received on the 20th of the

[wnicnioiith.

ni^lirior correspondence durinj; the year 1880, on the subject of the
15 ''^'^ American lishenncn in the waters of British North Ameri(!a,
jti^twoen the representatives of the two Governments, was <'ommunicated

I»37

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23 WEST MAIN STREET

WE9STER,N.Y. 14580

(716) 872-4S03

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J).")S

AMERICAN FLSIIEBIES.

to Confrreas on December iS, 188G, by your moaaago of that date and is
coufained in II. li. Executive Document No, 19, of the present session
of Congress.
Respcctfullv submitted.

T. F, BAYARD.
Department op State,

Wa^ihiiigton, February 8, 1887.

/ [Forty-iiinth CongrcflH, second scfwion.J

(30ngresr? op the united states,
In the House of Hepresentatiyes,

January 24, 188;.

Mr. Belmont, from the Committee on Foreign Allaira, submitted tbe
following, Avhich was agreed tc :

L'esolvedy That the J 'resident bo requested to transmit to the Hoiw
copies of such correspondence, up to the i)resent day, between this Gov
ernment and »he Ihitish Government as lie may decide can now prop
erly bo mnuc jniblic, in regard to the deprivation inflicted in Canadian
ports on American fishing vessels, having the right to ton 'h and trade,
of the liberty heretofore enjoyed by such vessels to enter Canadian ports
open to foreign vessels ami buy and 8(dl and to transmit merdiandise
therein, and which is permitted in such ports to Americi'n trading ves-
sels and to vesseL of all other nationalities.

Attest :

JNO. IJ. Cl.AliK, Jn.,

Vkrl

LIST OF INCLOSURES.

I.— ConilESPONDENCE BETWEEN THE DEPAKTMEttT OF STATK AND TUK liR'.TlSlI

Legation iu WAsniNtiToN.

I. Mr. Havard to SirL. West, December 11, 1880.

y. 8ir L. West to Mr. H&yanl, December 24, IS8(i.

:». Sir L. West to Mr. Havard, January 6, 1H87 (wiMi inclosnrc.O.

4. Sir L. West to Mr. IJavard, January l'.>, 1887 (with inclosiir.-s).

r.. >ir. Hayard to Sir L. W«wt, January '27, 1887 (witli iiidomucH).

<i. Sir L. West to Mr. IJayard, January 28, 1887.

7. Sir L. West to Mr. Itayard, January 28, 1887 (with iiiclosiiros).

8. Sir L. West to Mr. Havard, January 2*!, l'«87 (with an indiwiir.').

IL

OIUIESI'ONUKNCK

UKTWKKN TIIK DKPAUTMKNT OF STATR AN1> TIIK UNITKB]
HrATKS LK«iATION IN LONDON.

't. Mr. Huyard to Mr
1(». Mr IMu'dpH to Mr.

11. Mr. Ha;ard to Mr.

12. Mr. H«.vard to Mr.
1:{. Mr. Hayard to Mr.
14. Mr. IJavard to Mr.
1.'.. Mr. IMiI'IpH to Mr.
ICi. Mr. Havard to Mr

17. Mr.Plirli.Mt<. Mr.

18, Mr. liuyui-d to Mr.

. I'heliiM (No. 4r>8), Novembers, lH8ti.

Havard (No. :m), l)«oember 3, 188(1 (with luclosures,

I'llelps (No. m\), December 7, im).

PhelnH (No. 470), December 8, \m). . .

I'helpH (No. 472), December 8, 1880 (wUli an inclomiro).^

riielps (No. 474), December 13, 188(i. .

Havar.1 (No.41(.), January l:?, 1887 (wdl.an .ndosiirn

Phelps (No. 520), January 27, l^-J.
Havanl (N<.. 423). January 27, 1887 (w.t . i""' — '•

PUelpH (No..V^8), February 1, 1887 (with md<).sur.).

III.— MlHCKI.LANrOIJS.

19. Mr, IlotfbkiHH to Mr. Porl4,r (No, 9f.), January 3, 1887 (with an incl.«nrc).|

AMKRTCAN FISHERIES.

939

F, BAYARD.

I -CORRESPONDENCE BETWEEN THE DEPABTMENT OF STATE
AND THE BRITISH LEGATION IK WASHINGTON.

No. 1.

Mr. Jlaynrd to Sir L. West.

Department oy State,

Wnnhhifjinn, Ikccmhcr 11, 18S6.
Sir: I have the honor to ackiiowUMlso .vt>iir note of tho 7tu iustaiit,
with which yon communicate, by the direction of the liail of Iddeslcigh,
a copy of the report of a committee of the privy council of Canada,
approved October 20 last, wherein the regret of tlie Cui.adiau Govern-
ment is expressed for the action of Captain Quigley, of the Canadian
Goveruineut cruiser Terror, in h)weriijg the Ihig of the United States
tisliiug S(;lu)oner Marion Grimes whilst under detention by the customs
iintliorities, in the harbor of Shelburne, Nova Scotia, on October 11 last.
Deforc receiving this communication I had iustructed the United
States minister at London to make re])resentation of this regrettable
(lecuircnw- to Her ftlajesty's minister tor foreign all'airs, and desire
now to express my satisfaction at the voluntary action of the Canadian
autlioritics, which, it seems, was taken in October last, but of which I
liadiio iutiraation until youi no^e of the 7th instant was received.
I have, «&o., .

T. F. IJAYARD.

'11'!
■II t

M:. i

n v

li i>5

TATK AXl) TllK BRITISH

No. 2.
Sir L. West to Mr. Bayard.

Wabhington, Dcccmher 24, 1880. (Received December 27.)

Sir : With reference to your note of the 11th ultimo, 1 have the honor
toinl'orm you that I ym requested by the Earl of Iddesleigh to acouaint
you that Uer Majesty's Government have desired the Canadian Govern-
ment to furnish them with a report on the circumstances attending the
alleged inhospitable treatment of United States lishlng schooners Laura
Sayward and Jennie Seaver-s by the Canadian authorities.
I have, &c.,

r L. S. SACKVILLK WEST.

:hh

t JT

I : ill

5iT.vrKANl.riIKi:XITF."j

. ;> ■ 'V;- :: . No. 3.

Sir L. 'Wtut to Mr. Bajinrd.

Washtngton, January 0, 18S7. (Received January 7.)

Sir: With reference to your letters of the IDth and 20th October, I

liiiviMhe honor to transmit to you herewith repoUs fion; the Govem-

[ nioiit of Canada relative to the cases ol" the United States lishing vessels

[I'earl Nelson and Everett Steele, which 1 have been instructed b> the

[Karl of Iddesleig'a to communicate lO the United States Government.

I have, c^c.,

L. 8. SACKVILLE WEST.

940

AMERICAN FISHERIES.

[IiicloHiiro Kn. 1 in iio(« of January C]
The MarquiH of Lansdownv lo Mr. Slanhope.

(ioVKUNMKNr HOUSK, OTTAWA, .Vornil/w 29, 18>Htl.
Sik: I hiivc llio lionor to IraiiHiiiif licrewilli a copy of un apiinivtd niiniiloofthe
privy oounril i)f (\,n;ula, I'liriimliin^' llic ivpo't ;v8ktMl for in your tclci^iaiplkicint'ssairc
of t ln> (illi Kovciiibor, with i('ft>r»Mu;»> to the d«'tt'iition of tlio Ainoriejiii sT'liddnir Kverett
StcoU", at Slicihunio, Nova Scotm, for an itifra(;tit>n of flic, cuHtoni.s r('i,Milatioiisofthe
Dominion.

1 havi', &i'., LANSDOWNE.

[IncloMiiro No. 2 in note of January fl.l

Report of a commiitre of the honorable the privy council for Canada, appotni hjJiii
excellenqi the gorernor-getitral, in connctlon theMh Noremher, lSi!(i.

Tin' conunittoftoftlio privy founfil arc in rt'coiid; <»f a tclcfjrani from thp liirhtlion.
orablo the Bt'crctary of state for tho colonics, in th^^ words:

" I'lijled States Govcrninet\t protest ajjainst procc««<linKH of Canadian .uithorities
in the ea.se of ' Pearl Nelson ' and ' Everett Steele,' said to have put into Ancliat and
Siu'lbnrne, respectively, for jinrp</sert sanctioned by eonvenlion. rarticularsliypust,
Send rei)ort 8<M)n as poNsible."

The niininter of marine ami llsheries, to whom tho telegram was referred, submit!
that the sehooner Everett Steele appears from tho report of the collector nl' enstoms I
at Shelhnrno to have been at that port on tho 2.^)th March last, and sailed witlioat |
reporting. On her return to Shelimrne in September she was detained by tliecollec-
t(-r of customs for an infraction of the cuHtoms law.

The captain h.'iving assured the collector that he had been misled by the tiepiity j
liarbor-niaster, who informed him his vessel could remain in port lor twenty-fourhoiirej
without entering, and that ho had no intention of violating the custoniH rpunlatinnii,
this statement was repoi-icd to tho minister of cnstonis at Ottawa, wlicn tliovesi '
was at once allowed t:> vroceed to sea, and that no evidence is given of any disin'or]
intention of denying to tho captain of tho Everett Steele any treaty privileges liiMvas j
entitled to eiijoy.

The committee, concurring in the above, rrspoctfully recommend that your excel-
lency be moved to transmit a cojty of this minute, if approved, to the ri^'ht iKmnrable I
the si'cretary of state for tln^ colonies.

All of which is respectfully submitted for your cxcelleiiev's ai)proval.

.JOHN .1. MdIKE,
■ Ckrk I'nnjComcil

[Inc.lo8nrc No. 3 in note of January 6.1

Tltc Marquis of Lansdowne to Mr. Stanhope.

GoVKliNMKNT HousK, OTTAWA, Kovemha-'i^,l^^'
Sir: With refenmce to vour telegrajdiic mcssago of the Citli instant, askiiifitoboj
furnished witli a report in tlteeaw of the "I'earl Nelson "and "Everett Steele, Jmvcj
tho honor to transmit herewith a copy of an approved miinitoof tlieprivy coniicilo.
(!anaila, embodying a rejtort of my minister of marine and fisheries, to wmiins ap-
iteiided a «opv of the corresj)ondenee which has pa.H.sed lietween Mie (■oiinnissimRrii 1
customs f..r('anada an<l tlio United States consul-general at Halifax rclatiiistoliuii
case of the American schoimcr " I'earl Nelson."

! have, &e,.,

LANSDOWM'

•- - >.' [Inrlosure No. 4 in notonf January O.j

Rejm-t of a committee of the honorahle the jtririf mnnvil for t'anuda, <'Pl>''"''f'! '"■' '"* "^^'i
lency the gorernor-general in cotinetl, on the 18/fe Noremher, 1n<<i-

The committee of the privy council are in receipt of a telegram from the right mn-
orahlc «''e necrelary of state for the colonies, in the words: ,ti,(iritiosin|

"United States (iovernnuMit protest against proceedings •'»'<•■''''''''".'';'"',,,,, isi,ei.l
COM) of ' Pearl Nelson' uud ' Everett Steele,' said to have put nilo Aruiiai |

AMERICAN FISIIEEIES.

941

wpe.

AWA,.V(>rem?w 29, 188(1,
n approvHl minute of the
your ti'lfi,'rai)lvir:iiii\sgajre
iinoriciiiiscliiiiim'rKverptt
;;nHtoiiisn'};iilatimmoftbe

LAiNSDOWNE.

r Canada, appmed hij iii
i Novemher, 188(!.

(><;;riiiii from tlip light hon-

[H of Ciuiadian iuitiioritieii
uivo put into Ancbat and
tion . I'art icular.s liy post,

ram waH referred, submits
)t tbo collector of customs
;h liw<t, and sailed without
^as detained by the collec-

liccn misled Ity the deputy i
port for twenty-four bonre
It tho (MistoniH rei'uiiitions,

when thevos.sel i
(( IS fjiven of any dcsin" or j

t Ottawa,

ny treaty privileges he was j

commend that your excel-
^-ed, to the ri},'ht honorablo |

y's ajiproval.
>HN J. McdKE,

Chrk I'rivij Coiml

1
iihope.

rAWA, Kortmhei'i^, 1886.
oC.th instant, asking to be j
Ml '-Everett Steele," Juavoj

luteof flic privy <■<)"»"'»'
d lisl'erle.s, towli'i'lii'"'!'-,
"IwecM the eonunissionerolj
I at Halifax relating to thoj

jiiirne, respectively, for purposes bauctioued by convention. ParticiilurH hy post. Send
report Boon as poMsiblo."

The mipistcr of marine and iisheiioH, to wliom tiio telegram was referred, submits n
copy of a letter addressed by tho coinmLssioner of custonw for Canada to the consiil-
wni'ial of the United States at Halifax, and alsoacopy of Mr. Phelan's reply thereto,

Tlie minister submits that it is clear, from Cajitain Kempt's affidavit, that ho was
i;iiiltvofan infraction <»f the customs rej^ulatiouH in allowing men to land from his
vossel liefore she had been rejiorted, and tho minister of customs having favorably
considered Captain Kempt's representations as to his ignoranco of tho customs regu-
lations re(|niriiig that vessels should be rei)orted beforo lauding either men or cargo
tliiiefiom has remitted tho lino of ifi'JOU which had been imposed in tho case of tho
Aimiioan schooner "rearl Nelson."

1 he nunister further submits that it would apjiear from tho collector of customs'
report that his remark that " he would seize llui vessel" had reference solely to her
violation of the custom^ law, and that no evide?ice is given of any desire or intention
of denying to the captain of the " Pearl Nelson" any treaty privileges he was entitled
to enjoy.

T!ie committee, concurring in thix above, respectfully recommend that your excel-
lency he moved to transmit acopy of this minute, if approved, to the right honorable
the secretary of state for the colonies.

All which is respectfully submitted for your excellency's ajtproval.

.JOHN J. McCiEK,
Clerk Vrlvy Council, Canada.

(IncioHuro No. 5 in note of Jerniary 0. (

-: Mr. rarmilco to ,)fr. Phclaii.

Ottawa, (ktohcr 22, ISHfi.

Sir: I have tho honor to nek wledgo the reccii)t of your letter of tlio llth in-
i stant, re seizure of the American schooner "Pearl Nelson "for an infraction of tho
I customs laws, A^c,

Tho commissioner of customs' report in connection with this m.atter, which has been
i approved hy the miuister of customs, roads as follows :

"Tho undersigned, having examined this case, has come to the conclusion that tho
captain of the vessel did violate tho provisions of sections 25 and ISO of ' tho cus-
toms act, 1883,' by landing a number of his crew before going to tho custom-houso to
j report; that his plea of having come into ]>ort solely from stress of weather is incon-
sistent with the circumstances, and is denied by the collector of customs, who rejiorfs
that 'tbo night was one of the finest and most moderate experienced there this sum-
mer,'and that ' his crew were landed only in the morning.' That oven if tho ' stress
of weather' plea was sustained by facts it would not exempt him from tho legal re-
I quirement of reporting l.i«3 vessel before • breaking bulk' or landing his crew, and it
[iscvident that there was nothing to hinder liis reporting, .is tho crew ai)pear to h.-ive
bail no dillicnlty in handling the vessel's boats; that it was very easy for the crew or
I any of them to have taken valuable contraband goods ashore on their persons in the
I absence of any customs officer at the landing-place. Inasmucli, however, as there is
j no charge of actual smuggling preferred against tlio vessel, tho undersigned respect-
fully recommends that the deposit of $^00 bo refunded, deducting therefrom any ex-
[peuses incurred.

"J. JOHNSON."

I trust tho above n>oy bo considered a satisfactory answer to your letter referred to.
I have, &c.,

W. G. PARMELEE,
AsHiatant Commissioner.

LANSnOWNl"

anada,oppmr(lh!iMseTcA-^
Xovemhcr, H^)-
depram from the right i'on-|

^,f(<a..adim.anlh(.ritiosi.
putinl.. Arichatandhbel)

f lucluBore No. Ciu note of January G.j
vtv Mr, Phdan to Mr. Varmdec.

Halifax, AWcJ«6cr 2, 18«().

tw^'V' ''"^*^ "'*' honor to acknowledge the receipt of your comnninieation of the
|«dnltinio, concerning the action of tho custorasdepartment of Canada in the case of
I'boAmeriian Nchoon«'r " Pearl Nelson," and to nay 1 was much pleased at the decision
Ijmved at in that case. 1 have inibrmed the (Jov-rnment of the United States that
ittefauoin (he case referred to was ordered to be refunded.

!)42

AMERICAN riSlIEUUOa.

I liuvo Jilso to 8iiy tJ)iil. tlio l)opi»rtim>nt of .Stut«\ in iiokiniwItMlifiiiir ,i„, ,., ■
a (liHpntcli from mo Hotting forth that, you hiul plucod ull Iho jiaiMiM ni tlui cJ.
tlio AiiR-rirau boIiooiuth "(^rittoudoii" and " llolbn)ok"' in my IiuihIh tor inTiisii hj"]
"Thoiittoiitioii of Mr. Parmcleo iii roforriiijj tlio niattor to you in ainlnriiti'd " .
bImwh a proptT Hpirit," ' "

I triiNt tlu) (l«i>artimMit of customH will pivss on tlio other cases as noon as iMisml.l
I have, Ac. ' "'•

M. II. PHELAN,

t'onaul-llenml.

No. 4.

iSit L. WcHt to Mr. Bayard.

Uritisii Lkgation,
WafiltiiKjton, January 19, 18.S7. (HeceivedJiuiuary 21.)
Siii : With rofrriMico t«)..V(>nr note of the li.'M of Soptoinbor last, 1 Imvc
the honor to iiich).sc to you herewith ;i copy of a dispat(^h IVom tiiegov-
eniorjje'U'ral of Ciiiiadii to Her Majesty's .secretary of .state for the
('oh)!iies, iiichhsin;; a report from his (Joverumeut ou tiie case of ibe
United States fishiiij; vcs-sel Crittenden.
1 have, »S:e.,

L. S. SACKVILLE WEST.

I IncluHuro Ko. 1 in uoto of Janiiary 10,1

Lord Lnnndoxcnv, to Mr. Stanhope,

Canada, Govkrnment Hoi sk,

Ottawa, Dccmheri, 1^1.
iSiu: In n'ply to yourili8i)at(h of tlio llitli of October lust, traiisinittiiif^acnpyofs
lotter with its iiiilosiiro from tlm fonifiii ortlco, rt'ciuestiii}; to ho furnished with a n-
l)ort ill tlio timo of tlio lIiitio«l Stated flHhiiijj veswd " Crittondoii,"! havo tlio honor to for-
ward herewith acopy of .•inajipnived miiiuto of the jtrivy council of Canmla embwly-
in^r a report of my minister of niarino and lisherioH, to which is appoiuled astatcnient
of the eiiHtoniH olliccr at Steep Creek on the subject.
1 have, &c.,

LANSUOWNE.

[Inclosuro No. 2 in note of January 10.1

Certified copii of a report of a committee of the honorable the privif eouncil, approved hij hit \
exeelleiivy the governor-fjeneral in council, on the IGth November, It&i,

Tho committee of t he jiri vy coiinci) have had under conHidorat ion, a diHpatcli, dated
lL':'i October, IrHti, from the Hccretary of Htato for tho colonies, traimmittiiisacoiiyj
id' a letter from Mr. Hayanl, lliiit»'d Siat«'H Secretary of State, to tho British ni'iistjerj
at \Vu«hiiiKl4>ii. ealliiiK attention to an alleged denial of thoriglit8},niftranlmlliyt|iol
(nmv* iitioii of IHIH in the case of the American ilshing schooner '•Crittenden ItjtMl
ciistoiiirt ollicer at Steeji ('reek, in tho Straits of Canso, Nova Scotia. j

Tho minister of marine and tisheries, to whom tho dispatch jvnd inclosuro werorcj
ferred, Kubmits a statement of tho customs otTicer at Steep Creek, and observes that tu^
captain (d'tho" Crittenden "violated the customs laws by ueglectiiiK to enter his ve&HPiJ

as retiiiestcd by t he custonis officer, and in lauding and shipping a man clearly exceeaeoi
anv treat V provision he was entitled to avail himself of. . ^

it would appear that the remark made by tho custonis officer " that ho w""'"?"^!
tho vessel" had refereiico solely to the captain's violation of the custonis n^Kmaf'''"'^
and, the minister submits, cannot bo construed into a «leaial of any treaty priviiefe ^
the master wa«« entitled to enjoy.

AMKUICAN FISHEKIES.

uim iV8 noon iw possihle

3KVILLE WEST.

043

'[Up ((iniiiii'too, concnrriiiK in t'lo above, rcHpectfiilly rocominciidiKl lliat .your ox-
ct'llc'iicj' '»» inovtMl to infonii t"m rij^lit, IkiiidimUIci tho Nocntary of Htato for tlio colo-
nics in tlic HCiiao of tlio roi»ort of tJio iniiiiMfcr of niarino and fiMliorics.
All which iH rosiioct fully liubniittod for your oxcelluucy'a ai»i»roval.

JOHN J. McUEK,

Clerk I'livn Council.

IncloHUro No. 3 in iioto of Jnimary 10. |

Stkki- Ci:i;kk. Xovcmhcr I, lH8(i.
Slit: Voiirs of Mio ^Hth of O(;tol>cr canio to liaiul to-»lay, and, in roply, can 8tato to
yiMi lliiit ]':>'''' ot" llic iivw of Mio Hcliooiicr "('rittendon" canio on shorn at Stcop Creek
and liiiKli'il their barrels and filled tliem with water. I went din^ct to the men win)
ffCK! lilliii.n' the barrels, and told tin in lo come and enter Imfore takin;; wood ami
wiitrr, Tiny said they would not (m ter or nnike any rejiort. I told them that I would
scizdtlieHchooner '('rittenden" for viola tin;; tlKunstoniH laws. They said they would
risk that, 118 the schooner was nowout of the way about 'A miles from niy station down
ihc straits, and it was iniiiossil)li^ for me to board the vessel. They' ulso landed a
man the same day with his ell'eetH, and on their return from CJloucestcr to the bay
St. LawrencMi they shipned a num. Was looking; out for the vessel, but could not
lalih her. I reported tlu» case to tho collector of customs at I'ort llawkesbury, ami
1)11 the Hchooner "Crittenden's" return frfun the Hay St. Lawrence she was seized,
and C'l'Ilector JJourinot ^ot the aflidavits of the captain of the said schooner and also
lit' ROiiu! of the cow, which he stated to the department. I wivs in the ollice at the
timo when (Collector I5ourinot received a t(de;;rani from the department to release the
Mbooner ''Crittenden'" on the deposit of $H)0.
I remain, &c.,

JAMES H. CAKll,

I'ro Colliiclor.

No. 5.

( !.

Mr. Ilaynrd to Sir L, Wvst.

Depaktment of State,

Washhifiton, t/anuari/ 27, 1SS7.

Sill: I liiive tho lioiiorto inclos*; a copy of Jii» attidiivit of tho c.iiitiiiii
and two lueiiibers of tho crew ofth(> stjhooiier " Sanih II. Prior," of Bos-
ton, .stutiiij? the refiisiil of the (Mptaiii of the Caiiadian reveime cutter
"Clitic" to i)ern)it tlie restoration to the former vetisel, in the port of J\Ial-
puqiio, Prince Edward's Island of her I.irjie seine, which she had lost at
sea, and whicli had been found by the captjiin of ;i Canadian vessel, who
ollcred to return the seine to the Prior, but wjis prevented from doiiiff
SI) by the. captain of the "Critic."

This act of ])revention, the reason for which is not disclo.sed, practi-
Ciilly disabled the Prior, and she was compelled to return home without
liaviiifr c()iiii)leted her voyage, and in debt.

i liavo the honor to ask that Her Majesty's Government cause inves-
tit;atio!iof this ease to be made.
1 have, &c.,

T. F. LAYAPvD.

:e?j!!

ilticlonaro No. 1 in note of Januarj- 27.1

Mr. Prior to Mr. Bayard. - l ■ . ..

Boston, Decanhcr 28, 188(i.
Di'AU Silt : I wrot(» to Senator VV. P. Frye, settiiiR forth in my letter tho facts con
'jintd in the allidavit inclosed. IIo wrote me to liavt) it sworn to and to send it to
JOB, which I have done. Will you please lot nie know what courae is best to pursue

944

AMERICAN FISHKUIES.

ill n-Kiinl to i(, wlu«tli«'.i- 1(» outer nolulm or iiotf 1 think it is a cltur, Hlioi'irinse uni
the claim wutilil 1>(« a j nut oiu>, and will b« pluusud to rocoi vo your ml vice in tho muter
Your.M, very truly, '

lloii. TiiUiD. F. lUYAitn,

ticcrcltiry of Stale.

!'• H. I'lUOU.

lIiirliiHum No, 'J ill uoto of Juiiuury 27. |
AJfitliiril of tlii: ciipldiii atid crew of the schooner " iSarali //. I'rinr."

On tliirt'.'HIli <lay of Docomlur, A. D. 18H(!, porHonally apitonnd lidorc iiii'Caiiliiin
ThouiaK McLaunliliu, uiasttT, ;iiul (icur^io V. Little and Cliurlcs l'"iiiiii';iaii, twdipftli,.
rn«\v, oflhe schooner " Small 11. Trior," of Itimton, and beinj; huly Hwoni, NigiifiiaiKl
uiadi^ oath to the t'ollowin^ statement of I'aetH:

On Se|iteinlier 1(1, IKS*;, the Nehe.oner " ,S:iriih H. IMior," while riiiinin<,' r(ii'Miil|n(|iii.,
I'rinee Kiiwiird Island, and al>out seven miles from fliiit ])oit, hmt Ik r liii"(' Bijnc,
I'onr diiys aflerwaiils tlie KeliooMt>r ".lohn In^alls," «if Halifax, N. S., CiiptaJM W(il|i\
came into Malpei|ue and had the seine on hoard, whieli she had picked np at Wii,
Captain Wolfe ••lleied to deliver the seine to Ciiptain MeLan^hlin in (•(iiisiiltialiniKif
twenty-live dollars, Avhieli otfer the latter ueeeptiMl and i>ai(l him the iikmu'v. IV
I'aiiadian revenue enlter "Critie," Cuptdin MeJiearii, was lyiii^ at, Malpccinc at tin
tinn', and Captain MeLan<j;hlii; went to seo him, to iiseertain if then* wmilil l)(>anv
trouble in deliveriiifi the Heine. Captain MeLearn wouhl not allow thociiptainol'lbi'
"John Injialls" to ^ivo up the wine, so the latter returned the twenty-tivo dollars lo
Captain McLanf^hlin.

The HthooiuT " Sarah 11. Prior" had fwo seiues, one lar^e and one small si/c. It was
the inr;ie one which she lost and the Hchotiuer ".lolin lunulls" picked up. SImliailld
leave Malpequo without it, aud couwtiiioutly caiuo homo with a hrokcu voyage aud
in debt.

TllOS. McLAl(!lILlX,
tiEOKGE V. Limi:.
CllAKLES FINN^GAN.

HosTON, Deccmkr '28, l^.
rersonally apjieared before ino Thoinas M(Lari>:;hlin, (ieor<;e 1'. Little, and Clmrit's
P'inue^an, who .signed and made oath that the fou';;oiii){ staruinciit was true.
[UKAL.] 01IA1JLE8 W. IIALLSTHAIN,

yotarn riiblic.

No. 0.

Sir L. ^V^'Ht to Mr. linj/ard.

Washington, January 28, 1887. (liecoivod January i-'D.)
Sir: I hiivo the honor to acknowlcdffe tl.e lewipfc of your note of
.vesterday'H date, and to inform you that 1 have .siibniitted tlio cu.se ol
the American schooner "Sarah II. Trior" to Her Majesty's Goverument
for investigation, as requested by you.
I have, &c.,

• L. S. SACKVILLE WEST.

-i.

. , ;-vV, ' Ko. 7.

^ ' " '''7.T-'":': Sir L. West to Mr. Bayard.

Wahiiington, Jant^ari/ 28, 1887. (Keceived January :i!).)
Sill: With reference to your note <.f the 20th of May last, Ilwve tliej
honor to transmit to you herewith copy of a report by tlic niimsrer oi '
justice of the Dominion of Canada upon tiio seizure of tUo Ainenw^Uj

AMKUICAN riSHEKIKS.

1)4.^

'i //. /Vior."

liHliiii^' vi'.ssd " David .1. Adams," which I am instructed hy Jler Maj-
esty's priiuMpal He(!rctary ot'Htat«^ for Ibroiy;!! allairs to commuuicato to
the United ytaies Govenunent.

1 have, &c.f

L. S. SACKVILLE WEST.

I tui'luHiiroH ill iiuto ot° Jitniiury 'JV.|

Counwr-dincral Ihv viosl hoiiorahlrlhr Afariiitis of I,atindiiwiiv, K. ('. M. <!., lo llic ritjhl
honorable Eduurd iStanhupc, M. J'.

OoVIcnNMENT Ui)VHK, OriAWA,
November i), 188(>. (lii'ct!i veil November 522.)
Sili: With relcrencc to Kiiil (irntiville'H iliHpiitch of the 2Jtli .Inno last, reHjieetinj^
tlielishfiifs iiiu'Htidii and inclosing copioH of two lolttTH from tlui foit-ifrn ollice anil
oiwfioiii tin* Hniti'd Staffs minister in London, addrcNKcd to tint HiuTi'tary of Htiito
loirorcinii atl'aiiH, 1 imvo tlie honor to traiiHiiiit liennvitii acojiyof an approved nnmito
ofllio luivy council of ('aiiuda. eoiicnnin<^ in n report of the minister of Justice deal-
in;' with the points raised ]\y Mr. I'helps >n hi8n(»te of theJid .Innolast on the mibject
ofllH- w'iziire of the United 8tateH liHhing vessel David J. Adams, neai Dighy, Nova
(*(nlia.

1 liiive, &c.,

LANSDOWNE.

Cirtijkd (oi>!l of <i rrporl of a coinmitttc of the honorable the privy council for Canada,
apiirorcd hy Im exielUncy ihv adminintrator of the Government in eouncil on the 'Jd No-

wnber, Irtdti.

Tiid Coinmitteo of the privy council have had under consideration a disjiutch dated
'Mi .Imie, l^'H(i, from the rij^lit hoiiorahle t^ie secretary of state for the colonies rospect-
iii;; tilt) tislieries <| uestion, and inclosinj; cojiies of letters on the subject from the forei^^n
ulliic to the colonial office, and of one from Mr. Phelps to the secretary of state for
liwif,'ii afl'iiirs.

The minister of justice, to whom tlio dispatch acd inclosures were referred, sid)-
niit.s II ri"i)ort thereon herewith.

Tlietoiiiuiiltee concur in the said rojtort, and advise tliat your Excellency bo moved
tiiir.iiminit a copy thereof, if approved, to the right honorable the secretary of state
imllio CDlonies.

All (it which is submitted for your oxcelioncy's approval.

JOHN J. McGEE,
Clerk I'rivy Council, Canada.

'i '

JKVILLE ^VEST.

Depautment ok Justice, Ottawa,

July 22, ISHti.
Tohk Ej-vtilvnry the Administrator of the Go>\rnMcnt in Council :

With reference to the dispatch of the 'i'^Ji June last from the secretary of state for
the colduitH to your exeelloucy, respecting the lisheries <juestion, and inclosing copies
of li'tters on the subject from the toroign otlico to the colonial olHce un«l of one from
Mr. Phelps to the secretary of state for foreign afl'airs, the undersigned has the honor
to report as follows:

Till' It ttir of Mr. Phelps seems designed to ])re8cnt to Earl Kosobery the caseof tho
David .1 . Adams, the lishiug vesatd seized a short time ago near Digby, in the I'rovinco
ofNovii .Scotia.

Mr, l']icl]is intimates that he has received from his Government a copy of the rejiort

"f the loiihid-general of the United States at Halifax, giving full details and depo-

«itiiiii» relating to the seizure, and that that report and the evidence anticxed to it,

?l'l"'ar fully to sustain the jioints uhich he had submitted to Earl Kosi ixy at an

j lutmicw which ho had had u short time before the date of his letter.

The report of the consul-general and the depositions referred to seem not to have
been iirescntcd to Eurl Koseberv, nnd their contents can only bo inferred from the
( JtataiPiits made in Mr. Phelps's letter.

These Ktateinents appear to be based on the assertions made by the persons inter-
i Wed 111 the vessel by way of defense against the complaint under which she was

s. Ex. iia — ^^uo

ok;

AMKUIOAN FISIIKKIES.

seizcil, liiit ciiiiniit l>o rcKunlod hh ])rom<iitiiiK n full or acciiruto ii'ini .hi'mIiiijiih „|' ,1
i'iim>. Tlio iiiHli'i'Ni^iinl Miiliiiiits llio fiutH in rc^ranl to iltirt vcsmI hh (li.v m,. M,.,'i
liy thom- on wliouc tvHliiiioiiy tlits (Jovcrimii'iit ol' Caiuulii can nlv in mMvn tla'^l
ui-« and (Iftnition. " ' ^'^"

TIIK OKI'KNSK AS Ht Till: TItKATY ANI» KISIIKIEV I.AW8.

Tlio Havi<l .1. AtlaniH was a I'nitt'il Stan'H ('ihIimij^ vt-NscI. Wlicthcr, ii.s iilli'cd ii
lirr lifliall'. Inr oi'< iiiiation w as «l<M|i-Hra lisjiiii;; or n«>t, anil w Iirllnr, as nim'i'isUmI sI
liail not Imih «'n;;a;;(Ml. nor was intmilctl to In- fn^jaucd, in lihliiu;; in aiiyliinji 'J!
HcriluMl liy tli«' tn-at v of l-^H or not, art- <|ii(stions wliich do not, in tlir o|iiiiiiiii „|||,!
iin(l<'rHi;:n('il, :itl'i'ct. tli<< validity of tli<> hci/.iirc, and ol" tlio iMocctdiiiKs niiIimimkhi
tluTj'to, for n-asonM wliiili will \w lion-aftor ntatod, but in ho fnran tin y nmy lu'ti.Iinci
niati'rial to tin' drfcnso tlicy am fjncstionM of fact, which remain to lie jiiovcd intii^
vif«'-adiniralty <oiirt at llalifaN, in wliiiji tlm i>roft'fdin^8 for Ww. VckmI'm ((iiiijiiiiiia.
tion ail' iicndinu;. and in ri'Mpi'it of wliirli proof in now lirLii); taken, and iii;i:siiiii,ii;',j
tlio trial liaw not Item coinlndcd (nmi-h h's« adi'iision roaclu'd), it i.s ixiiiuiis ipicnu.
tnri- for Mr. l'lu'li»s to claim tin* irstoration of tho vcmwI, ami to assert u ri'lit t(i
danni>;eN for lu-r del on tion, on the aKftninplion of the Knppo.scd faclM iMlbnn'I'emdiii

It is alli'<ii'tl in tho I'videmo on liehalf of the prom'i^ution thattlie l>aviil ,1. Adams
bi'inji; a I'niti'd .Satr.s linliiny vcnncI, on tho mornin;? of .the r)tli id' M.iv, Ir-^d, wnsjii
what i.s railed tho Annapidi^ llasin, which i.s u harbor on Iho nortJnvcKt coa.'^ of
Novii .Scotia. She wa« Hcvcral ndlcs within tho llii-sin, and tho cxcn.se Hii;,'j;e.st('d(i|iat
tho cafitain and crow may Inivo boon thoro throii;;li 11 ini.sapprolionsida lu tntliolii.
cality) by tho woiiIh of Mr. I'liolpH's letter, "Di^jby i» a Nnuill tishinj^ .settlement, auil
itH harbor not doiim-d,'" i.s nnworthy of much consideration.

l>ie;by In not a tiHhin;j; Nettloinont, althon<{li Honio of tho pcopli; on the iii>ii:]ilHiriii"
Khoros iii^ra};!' in ti,>diinj;. It is a town with a jiopnlation of about 'J,Oii(i|icis"iiis, li«
harbor in fornn'd by the Ann.iiiolis Ha.sin, whic li \n a laif^o inlet of (lie liavnf I'limlv,
jind the cntrjincc to it con.sists of a narrow Mt rait nwirkcd by cons]iieiioiis Im adlaiid*,
which are littlo nnvro than a nule aj^art. Tho ontianco in called "l)i;,'liy(iiit,''aiiii
for all pnrpo.si'.s connected with this impiiry tho Inirbor i.s one of the hest dcliiicd in
Aiiu-ri<^a.

Tho iJavid .1. AdaiiiH was, on tho ruorninit: of tho r)th day of May, l^'Hfi, as liao
already boon stated, wvcial niileswithin thotint. She, was not tliero tor t lie piiriwi*
of " slioltor," or " rejiairs," nor to "|>nrchaso wood," nor to obtain water. (5I11! re-
nuiined Ihero <liirinji the r)th and tlu'tlth of May, IK-itJ; sho wa.s lyinj; at aralior about
half a mile from the shore, at n locality called " Olemonts West."'

On tho inorniiifj of tho tilhof May, 1H"'<), tho captain niado applicjiliontotlieoffiiprn
of u tishinj; weir near where lie was laying for bait, and pnrchased 'IJ Iiarrelseftliat
article. Ho al.so pnrchased and took on board ubont 2 tons of ice. Wliile waiting
at anchor for these inirpows tho name of tl»e vo.s.soI'h " Iniilinfj jdaee" was kept cnv-
i-red by canvas, and this concealment cmUinncd while who atterwanls sailed down
ptiwt I)i<ib.\.

Olio of iho crew roproKoiitoil to tho ]iorKons attondinj; tho weir that tlio vessollie-
hniyod to tho neighlxirin;; rrovinco of New Hrnnswick. The captain told the owner
of the weir, when tho treaty was spoken of by tin* latter, that l he vessid was under
ISritish resistor. Tho captain Kaid ho windd wjiit nntil tho next niorniii;; to pt more
bait from tho catdi in tho weir which was expected that day. At dayhrcak, ho«-
over, on tho niorninj^ of tho 7tli of May, IH.-^Ci, the (Jovcrnmcnt steamer Lansdownc
arrived nlVDigby, and tho iJavid .1. Adams j;ot Tinder w.iy without waiting' to take
in the additional hiipjily <d' l>ait, and sailed down the Ihisin towards the (int.

Hoforo hIio had jja.sscd Di^by she was boarded by tlio lirstolliecrofthoLaiwdowiie,
and to him the captain made the following; statement : That ho had come totbatplace
to SCO hi.H peoi>h>, a8 ho hail (V>nnerly belonfjod there, that ho had no fresh bait 011
Ixiard, and that lie was from tho "IJanks," and bound for Eastjiort. Me. Tbeollieer
of the l.ansdowno told him ho had no buHiness there, and twked him if he knewtlio
law. His re]dy was, "Yes."

A few honrs "afterwards, and wliile tho David .). Adams was still inside the Got,
the olliccr of tho Lansdowno, ascertaininji that tho Htatcmcnts<d" the captain wro
untrno, anil that bait had been imrchaKcd by him within the harbor on tlie pievioiis
day, returned to tho David J. Adum.s, char>{"ed tho captain with the iillense, and re-
ceiVed ft»r his reply tho as.sertion that tho charge was false, and that tho pereou who
gave tho information was a " liar."

Tho otllcer lookeffinto tho hold of tho vossel and found tho licrriiif; which had luen
purchased tho day liefore, and which, of course, ivas perfectly fresh; but the captain
declared that this "liait" was ten davs old. .

Thooftlcerof tho Lansdowno letnuied to his ship, reported tho facts, amnvm
again to tho Adams, accompanied by another officer, who also Imtked at the m.
Both returnod to tho Lonsdowne, and theu conveyed to the Adams tho dircctiuiitiwi

AMKUICAN FLSHKUIKS.

1)17

UY I.AW8.

,1m. nIhimIiI riiiiio to »ij;lty iind anclior lunir flu* Lnnwlowiii'. Tliis wiih, in fudt, tho

uc the tircmiistaiiiH-rt by wliicli Hid wi/iirr whh, in thooitiniiHi <il'.Mr. I'lirlp.s
4...1 i> ....,1 ...I,:.. I I... :» ' . ...■'■ .1 . .. . ' '

Tlll'HI

1 in ni till » ■■•' ' •• .,... ^j ^ ..^. ■,,,■■ 1. ,» I..-.J III 1 ii(> w|ri II iiFii 111 .»! I , J 111 I lipi,

"inmli ii;;!,'niviitt'(l," iMnl wliicli niiikii it, hwiii v<t.v iiii|»iirfii|. to liiiii.tliiit tint H(>i/,iiro
"was nut niiido lor tlio pnrpo«o of cnlori-injj any rij^lit or icdic.ssin;; any wronj;."

Tim fact that tlio m4M/.iiio waH nicccdcd Uy visilali.iMH and Hrarclios was diurio tho
,i;ili'inriitHortiio inaHt'Uandthorciiictancoof liio otllctirHoriho Laimdowno tornloriio
iliolaw until thry inul UHCortainml to a di-nionstratioii tinit tho olVonso had buoii coiu-
inittid luiil tii.'it tiio cajitain'H Htatonienta woro iintruu.

THE OI'KTCNHK AH TO CUSTOMS I,AW8.

Tlio David J. AdaniH, an alroady Htatcd, wiw in liarlu)!' npwardH of forty-oijjlit houiH,
jiiHl\vli('iiHi'i/.td\^as jiroccodinf; to Mca witliont/ havin;; lu'cn n^poitcd at. any ciiMtonm-
limiNi". Hit himincHH wan not hucIi hh to uiako it her intcrcHt. to attract tiio attiMitiou
(il'tlu'Caniulian authoiiticH, anil it is not ditlicnit, (luirofons to conjurturo tlio roaHou
why sliiMvas notso roporttMl, or to wo th.it tlio ri'aHoii jnit forward, tliat lJi;j;l»y Ih
liiit "a .small fmhiiij; Kottloincnt and its harbor not diHiniid," i.s a (liMinyounon.s one
lin;iiiii^; to tho weir to iiurcliaco bait tho vessel iiaHsml tho cnHtoin-houHo at J)ij;by
iiliiKiNt within liailin;^ distance. When at tho wi-ir she was within 1 or iJ niilcH of
;i:i()iliir ciiHtoin-houHo (at C'leniontsport), and within abont If) niihs of another (at
AiumiiiiliN). Tho master lll'.^ not assi^rted that he did not know *lio law on tlii.s Knb-
jiTt, iLsil is eHtabliHhod that ho know tho law in relatiou to thu restriction on for-
I lu'ii lislun;; vesHclH.

The |iroviHions of tho cuHtonis act of Canada on this Niibji-ct are not esHentially dif-
tVrt'iit from thoso of his own t;oiint,ry. Tao caiitain and iiow wero ashoro dnrinj^ tho
,')tli uuil lit h of May, ld8(>. Tho following provisions of tho custunis act of Canada
apiily:

"The m«ntcr of every vcHKcl coniiii;; from any jiort or i)hu(^ out of Canada, or coast-
wise, aiul entering any i)ort in (Janaila, whi^tlu^r laden or in ballast, shall go without
ililiiy, when such vessel is anchored or moored, to tho custom-lHUiso for tho port or
lihuo (if entry wht»re ho arrives, and theio inako a report in writiiif^ to tho collector
iinitluT jinipcr olliccr of tho arrival and voyaj^o of such vessel, stating licr name,
tiimitrv, ami tonnage, tho port of registry, tho name of the master, tho country of tho
owners, the nninber and Jianics of tho jiassemjicrs, if any, tho nninber i." tho crc^v,
;inil wiictlier the vessel is ladoii or in ballast, and, if laileii, the marks and iinmliers
III cvory ])ackage and jiarcel of goods on board, and where the sii.mo was laden, and
the iiiirticulars of any goods stowed loose, and where and to whom lunisigiied, and
whein any and what goods, if any, have been laden or unladen, or bulk has been bro-
iicn, ihiring the voyiige, wliat part of the cargo, and tho number and names of tho
inisst'iiijers which aro iuteiuled to bo landed at that [tort, and what and whom at any
other port in Canada, and what part of tho ca'go, if any, is intended to be exjiortcd
in the .same vessel, and what surplus stores remain on board as far as any of such
piirtii iilars are or can V)e known to him." ( Ui Vic, cap. I",', sec. 'J.').)

"TiiLMiiaster shall at the time of making his reptnt, if reciuired by tho ofllcer of
cu.stonis, i)ri)ilnce to him tho bills of lading of the cargo, or true copies thereof, and
»h;ili make ami subscribe an aflldavit referring to his report, and declaring that all
tlientatoiacntsiuttdo in the report are true, and shall further answer all such iiiiest ions
conccjiiiiig the vcssid and cargo, and the crew, and tho voyage, as aro demanded of
him liy such otlicer, and shall, if reiiuiretl, mako the substance of any such answer
luirt of his report." (Ki Vii?., cap. I'J, sec.5».i.)

''If any goods are unladen from any vessel before such report is made, or if tho
iiiiLster fails to make such report, or makes an untrue report, or does not truly answer
tlieqncstions dcnianded of him, as provided in the next preceding section, he shall
iiicnr a penalty of i^iOi), and tho vessel may bo detained until auoh penalty is paid."
(4G Vic, cap. 12, 800.^8.)

ritOCKKUINGS FOI-LOWINO TIIK 8KIZURK.

TiHJNo liaveheeu made the subject of complaint by Mr. Phelp.s, although the cx-

imiiiiitious which wero given in the jirevions memorandum of the undersigned (in

rcforence to the letters of Mr. Bayard to her majesty's minister at Washington), and

mtlic report on the same subject of tho minister ol" marine and lisherics, laid before

■u excellency the governor-general on the 14Mi .June ultimo, coupled with a di.sa-

vowal, by the Canadian Government, of any intention that tho proceedings iti such

vases should ho unnecessarily harsh or pursued in a jinnitivo spirit, might have been

I «pectfiil to he sutlicient. After the seizure vas made, tho commander of tho Lans-

; oowno took tho David J. Adams across tho Bay of Fundy to St. John, a distauce

[ot about forty miles. lie appears to have had tho imiiresaiou that, as his duties

,*n.

?■ %h\

•■m

i]

'-mi

DIH

AMKiaCAN IIHIIKKIK.S.

wuiilil mil |iiTitii( liiiii III riMiuiiii iii l>i«;li,v. lln« vrsxcl wdiilil tml !•«• mm iiir Irom icmip
wliirli lijiM ill M'Vfi.il casi'M (H'cnrrnl hIiit i|ii> Ki-i/iiir oI' li-,liiii;^ vcssrU, ||,. iM.lj,L'i
Mho would lif iiioif Mriin- in tlir liai Imr nf Sr. .Inlin, ami Ihal tlio Ic.fiil iiri„w|
lll^'^«. whicli ip (lye (■i.iirf.r would rollow, could Im' tak.^n IIm if. Hi- WiiMlimiHiliaiilv
diit>ct«'d, how.-vir, to ii-liiin willi tin- v(h>ii| (o l)i;;li.v, tin it Mcfiiii.l iiioiv iin,|,|,.| nil
iiiort' ill rodipliatin- witli t !if Htat iitfM ii'latinj; to tin- HiiliJiTt, tliiil ^in^ NlKiiiliijiiMic
taiiu'd in the phin- tif Hii/iin-, and that lli« It^al jMoctM-dinx Hiioiilil lir tiikni m i||,i
viic-adiiiinilt V roiiit «if I ho pinviiKo wh»n< llio oiron,4i> waH <<iiniiiill((|. It ilm,, mit
Mccm to Im- claimed li.v llio liiilcd Stales tiiitlioiiticH that any ilaiiiiini^ to tlicvcsst;
or that, any injury ov im iMivcnicnci- to any one concerned, \\nn occasiomd liy tliisnJ
nioval to St. .lolin. and l>y her iitiirii to ))if,'liy, occnpyinn as tlicy did lint ;i iVw
lioius, and x ■ I this jiicniiiKtance hcems to ln^ relied on as " ajjjjravatiii" llii' Nci,(iire"
and as di piu in^ it of tlie « hura«;ter of a H4'i/.iire madi! " to eiit'oice a^i;;!!! (irtori'.
dicKS a wroiiiLj."

Another uionnd of coiii]iIaint in tlial in Di^l'V, '•the iuiimt allcKid to lie tlicUai
preei pt tor the capture and detention of the vckscI wua nailed toiler must iii.tiinliii
manner ,1h to prevent its contents liein;: reail " and tliat "the rei|iiest of tliiMaiitiiin,
and of the I nited States <'onsnl-;;iMieral, lo lie alloweii to detach tli(> writ mmi tin'
mast, tortile pupposi' of learning its contents uas positively refimerl hy tlii' pinviii-
ciai ollieial in charj;e; that tln> I'liiled States' consnl-neneriil was not itiilc In jiiirn
troni the iiMiiiiiander of tlie l,ansdo\vni> tho nature of the complaint a^'iiiiist the vis.
M'l, and that liis respeettiil apjdieation to thai ett'ect was fniilless."

(1) As to tlie position of tlie paper on the mast. It is not a tact tlmt it waNii.iiW
to tlie vessers mast " in smh a manner as to prevent its contents hcin;; rrml," It
was nailci' tin re lor the purpose of liein;; reinl, and could have licen nnil.

(-') As to tile refiisal to allov.- it to he detached, such refusal was not iiilfiiilci' a»a
dLxeonrleHy, lint was le^itimati> and proper. 'I'ln- ))aper ]>iirporled to lie, an(lw;i,i,u
i'opy «if the writ of snmnionH am. warrant, wliich were thi'ii in the rc;;isirv(il'tli('
vice-adiiiiraliy court at Halifax. It was attaelied to Hie mast hy Hie (iHicc'idl' lln'
court, in aecoi-dance witli the riil.s and iiroeednre of that court. 'I'lie inniinsrd k
wlii«'h it was .so attached diil not admit of any consent for its removal.

('>l) As to tlie desire ot" tlie captain and of the I'liited States coiiNiil-jri-ncnil t"iw-
««'rtaiii tlie contents <d" the jiaper, the ori;;;inal was in tlie rejiistry of the ciiiirt.af-
ceNsilde to every ]»erson, and llie rej;istry is within ci;^hty yards of tlie cniisiilp'ii-
eral's otlice. All the reasons for the sei.'.nre and detention were made, however, tiitlio
cnj>tain, days before the j)aper arrived to he jilaeed on the mast, and, lit'lore tiii'M-
snl-^cneral airived at Dij^hy, these reasons were not only mutters of |iiililif iidtoricty,
hilt had lieen piilili>hed in the newspapers of the province, and in liiitKlii'dHotdllii'r
newspapers circniat iiii^ thron^hoiit ('iinada and tlie I'nifed States. 'I'iMMaiitaiii ami
the coiisiil-;;e!mral ilnl not need, thirefore, to tak« th« paper Conn the iiia.st ia order
to learn the causes of tlii> seizure ami detention.

(l) As totlie apjilicatioii of the consil-^reneral liavin;^ '"'en fniitles.s, tin- fmt liM
traiirtitired Ih.it he had rejiorled the seiziiie and its causes lo his (Jovcriiiiii'iit lu'liiri)
tli(( application was made. It ImH heiii already exidaincd in the previous iiuMnnran-
lima of the iii;de.".si;,'iieil, and in the report of the minister of marine and tishi'rim,
that the application was for a speeilicHtutetiient of the ohar<ji>s, amltliat itw.isiiiiulo
to an olliecr who had neither the le;;,il aci|.iirei lent.s nor the aiitliority to Htatctlinii
in II more Kpecilie li.rm than that in which he had already stated tlieiii. The com-
miinderoftlie J<ansdowne reiinesfcil the eonsnl-<xciieral to m:ike his niiiicst to tlw
ministerof maiine and lisheries, and. if he had done so, the siiecitie statciiuiit whieh
ho had desired could li.ive lieen famished in an hour. It is hoped that Hie rxiilana-
tiun already made, and the precaiitioiis which have heeii taken a^Min.st cvcii llifap-
pearancu of dimonrtesy in the future, will, ou curiKidurutiou, bo found to be satisfat-
tory.

IXCIDKNTS or TIIK CIKSTOMS' SEIZfUK.

Mr. rhelps presents the followinjj viows with respect to the claim that tin' David
J. Adams besides violating,' the treaty nml the statutes rclatiii},' to "rmliiiij! l>yi<>reig"
vchmcIh" is liable fo be, detaineil for tho penally under the customs law.

(1) 'J hat this cl.iim indicutos the couMcioiiHiicNH that the ves.sel niiilil imt wior-
f«itcd for t he .)»t-nM' against the treaty luid lishin^j laws. This siiiiiiositioii 'H'r"'"" ;
loss. It is by no meau» uneomniou in lej^al proceedings, both in ^""""''" !1, ' i,
Ihiitod States, for kiicIi proceediti(.rH to be based on more than one rliai^e, ft'tlion},
any one of the charyos would in itself, if Hustained, bo snllicieiit fortlK^iiin'OM '
tht) complainant. The huccchh of this litigation, like that of all litij;atioii, imi« 'j
pend not niPioly on the rights of the parties bo' on the iironf which niayj^'t««"i""'
n» to
loiter that the facts which am to ho iiiado the hiUijoc

imi; ijifiei^ on tiioii^iiiniii i iiii |iiii i ii-n iii' <'ii iinj )'■<■"> • I>lii|i)«K

H right liaving iwen infringed. In tlii. lostanco it appears iVoiii Mr i '
r that the facts which am to ho iiiado the siibjoct of proof are *'\ ? i img so
put«, and tho Government of Canada could, with projiriety, "^s^r*^^ ""'" '", jl^niieof '
that both of thorn should not bo lost by any miscarriage of justice in rcgani to

AMERICAN riHIIKRIES.

1)1!)

•CM fruitlcsH.tlio fnotliM
() his (iovcriiiiient lu'lnre

ill tln>l""''^'""'*""'""'™'
■ (if luuiiiH' aiitl tithiTiM,
■.^es, an.ltlmtitw,ism;uU'

o aiiMiority to stiit.Hii™
statf.l tlu'in. 'llii'coni-

iiiakK liis n''!''"'"' '",!"?
., Hiu'citir Htat.'in.'iit tfliH'h
slioprdliiat tlMM'Xitoa-

aU.'.. a-ainstryniti^-
»u, bo tViuml to lie catibtdi-

L,lio.laim11.attbpr)uviJ
t.njrto "ti8l.iii«l'yf»f^'»"
customs law.

'bail <•"<■ ^•1""'.'^''' *'^'"!^ 1

;;md.nttorti>M'"2, i
tofallliti^^tt.o.^.n^

onrNvl.i.'lvn.aVH> , I

nnncars iVoiii Mr. n"l!"

.', assert both Its tui.,
justice in reganl to ou

iliciii. ThJH wiiH likrwJHO thii jnopcr ciiiiMn* to bi< lakni, in view of th<> Catt lliut an
a|i|i<'itl iai;;ht at any tiiiiti bo iiiaib^ to tlio (iuvi'riiiiH'iit l)y tint owiitiH (if llai David J.
Ailiiiiii* liii' n'minmoii «if the forfcitiiro incurred in icHpccidf {In-, fishery hiWH. 'i'lir f<»l-
iiiwiun in a sect ion of tli« Caniidiait Mtatnto rehitinn ti) liMhiiiK by foreign vcmscIs :

•hi .'.iM'Hiif wiziiro under thiHact, tlm Kovernor in ( nine i I luny direct ii Mtay of jiro-
iriliiiHH, and ill ciwn» of ccnnh^iiuiutioti may nilicvn from tlm i>einilty in vvlililn or in
jMil, and on Hiieh terniH an aro d(!«!ined ri;;ht." (;il Vie., cup. (il, He(!.'ll). )

h M't'iiied iieceHmiry and inoper to iiiak(t .it oncit any claim fonii'lcd on infraction of
lliuciiHioam lawM, in view of tuo ixmsiblo turniination of I ho proceedings liy <>x«H!'1-
livc nilt li'ereiK!*! under tliiH eiuu^tnicnt. It would Hiirely not be expected that tho
(iiivi'Hiiiii lit of Caniidu Hlionid wait until tln^ lerniiniition «( (he ]iro(H>edinKH iimh-r
ilii^ fislitiy lutH, befcm aHNorliiiK itt claim to the penalty under tlieeij.stoiiiH act. Tho
(iwiiciNot ;]ie otfendin}; vesKcl and allconeerned wore entitled lo know a,s.so(in iiHtliey
(imlil lie made awan^ wiiat tiiu ciainiH of the (ioveriiment. went in relation to tlie vea-
wi, 1111(1 tliey niinlit fairly mm* that any which were not diHchwed were waiv»!d.

('.') Mr. I'indpH reiiiarkH that tluH eliarno Ih "not the one on which the vohhcI was
SI ucil •' and " wan an after-thon);|it." Tlio vcMmd waH Hoi/cd by the commander of tho
l.iiiimlowiio for a violation of the liHhory lawH before tho enstoniN authorities had any
kiiiiwietiKe that Hne.li a vchmoI had ont(Mcd into the port, or ha<l attempted to leavo it,
iiiiiiliicciininiaiider was notawarit atthat time whothcrtlio David J. Adanmhadmade
liiii|ii'r entry or not. A few lionrH afterwards, however, the collector of eimtoniH at
|)j){liy amcrtained the facts, and on the facts beiii); nnido known to tint head of his
iii|i«itiiieiit at Ottawa, wan immediately instriirted to take miicIi nteps as mijjht be
iiiicsHary to assert the claim for tho penalty v hicli had been iucnrred. The collector
iIiiIhii.

\:\) Mr. riielps aiMierta that the charge of breach of tho ciiHtoniH law is not the ono
wliiihiiniHt now b(t principally relied on for cdiidemnation. It is U\ni that coiidum-
iiiilioiidiies not necesHarily follow. The penalty prescribed is a forfeiture of $100, on
|i;i.viiu'nt of which the owners are iMitith-d to the release of the vessel. If Mr, I'lu'lps
iiii'iiim liy the expression just (|noted, that the (Mistoma otlense cannot be relied on in
ivHpi'it to the penalty clainuMl, and that the vessel cannot be detained until that
imialty is paid, it can only \w said that in this contention the Canadian ((overnmeut
iliii'K nut concur. Section :ti> of the ciistonm act, belore ((iiot**!, is ('X]>llcit on that
jHiiiit.

(4) It is aUu iirKcd that tho otlense was, at most, " only un accidental and clearly
tirbnical breach of a cnstnm-honse rejjnlation, by which no harm was intended, and
liinmvliicli no harm caino, aud would in ordinary cases be easily chkIoiuhI by an
:ilioloi,'y, and jierliaps payment of costs." What has already been said under tho
lii'adini; " the otfenso (as to the cnHtiiinH laws)" pn^scnts the contention ojijiosed to
iliti (irtoiise bcin<t cousi<lered as accidental." The master of the IJavid .J. Adams
slidwcd by his lanKiia;?o and conduct that what he did he did with desij^n, and with the
kn(i\vled]i;e that ..e was violating; the laws of the country. Ho conhl not have coin-
|illi(l\vitli the customs law without frnstrutin^ th<3 |>iu poses for which li id gone
iiitii port.

Ah to the breach beintc a " toclinical " one, it must "lie reinemberod tlict with thou-
miiiilsof miles of coast indented, as the coasts of Canada are, by liinidrodH of har-
iKiraand inlets, it is inipoHsilde to enforce the lisliery law without a strict cnfonHi-
laciit lit the customs Jaws. This ditlicnity was not iinfortjseen by tlu^ franiers of the
twatyot IrtlH, who provided that the tishei men should be " under such restrictions as
laiclitlie iiDcessary tojircveut theirtakin;;, dryin;;, c.cnrinn' lish * • • or in any
otlii'rmamicr whatever (ilimintj the fririlci/i: nmrvtd t'j tlinii." No naval force which
ciinid lie ciiuipped by the D(miiiiion would of itself be siifticient for llie enforccmout
of till) ILslicry laws.

l'i'H'i),'ii lisliin;; vessels aro allowed by tho treaty to enter tho harbors and inlets of
t'aiiada, luit they are allowed to do soonly forspecilied ])iirp:)ses. In orderto conlino
tliiMi to tliiise iMiriioses it is necessary to insi.Ht on the (ibservanc(^ of I he customs laws,
wliicli arc enforced by olliccrs all alon;; the coast. A strict enl'orceineiit of the cns-
taiiislawN, undone consistent with the treaty, would recjnin! that, even when comin^j
into port fur the piirposes for which sneh vessels an* allowed to enter onr waters, a
tqiortHhoiild bo niatlo at the cnstoms-houso, but thi.shas not been insisted t i in all
cases; wluii tho cnstoms laws are enlorccd a<;ainst those who enter for either than le-

gitiiiialc imriui.ses, and avIio choose to violati> both the tishery laws and ciistom.s laws,

tk (iovi'nini(!nt id far within its rifjlit, and should not be asked to accept an apolojjy

uialpaymciit of costs. It may be observed here, asallectinj; Mr. Phelps's demands for

rptoration and (laniafjes, that the ajioloj^y and costs have never bc(Mi tendered, and

lliat Mr. riulps seems to \h>. of opinion that they an* not called for.
i'') Mr. I'helps is informed by the cotisiil-;;cn'eral at ll.ilifax that it is "conceded

")' tlio cimtoius authorities there that foreijjfu tishins vessels have for forty years been

•II'

a

'Conrsof

H

950

AMERICAN FISHERIES.

Ii

.icciiHtoiEiod to gi> in and out oftho hay at plcasiuo, aiul lifo never Itcoii reiiuiml tn
sfiul :i«Iioio an«i report ^\h^m llicy •>•'•' •>'» l>iiisiiicHM witli tin port ami inado ii> Imi
in;;, and tliat Jio Hciziir'i had I'ver Itcforo Itrcii lna^l(^ or ciaini a^-uinst tlirni fur 1
doinjj." NotliinH; ol'tliis kind is or could he conceded hy the cimtonia authorities there
or elsewhiMv in C'ana'.l!».

The l;ay ref'irred to, the Annajjolis Ha.sin, is like all the other harbors of Canada
xcept that it ih tinuHnaliy well delined and la.id-ioeked and furnished wiMKcstonw'
ousi's. Neither there nor anywhere elw have foreijjn liHhin^ vessuin 1,< cii aceus"
fonied to ;;o in an4l onl, at )>leaNure \\ithont rejMirling. If they had hfcn no m-
niilted the li.shery laws eould not have heen enfor'e<l,and there would liiiva liceiino
jirotection ay;ainHt illieit tradinj;. While the reeiproeiiy treat.v of 1,<)4 and tJioMi.
ery elaum-H of the \Vashinji;ion treaty were in force, the convention of IhlH lii'i;iL', of
conrHc, snsjiended, eonsit'erahle laxity waH allowed to the United Statos liHliiii'vcs.
w^ln, nineh greater than the terms of thoHO trcatien entitled tlieiti to, hut tli« coiisnl.
general in greatly mistaken when lie HuppoaeH t iiat at other tinien the ciistonis laws
were not enforced, and that seiz'ires of foreign (iBhing ves-sels were uot made IW
omitting to report. Ahnndiint evidence on tliiH j)oint can he liatl.

In IKW Mr. Vail, the Acting Secretary of State ((Jnited States) reported thatiiiiwt
of the seizures, which then were considcre<l nnu>eroiia, were tor alleged violalio' of
the customs laws ( I 'apers relating to the Treaty of Washington, vol. vi, j). )if^:\ Uasli-
ington edition). From a letter of the I'nited States consul at Ciiarlottetown, dal.'il
August in, 1*7(1, t«» the I'nited States consul-generr.' at Montreal, it appears tliatit
was tlie practice of the United States lishermen at that time to make re^'ulaniitryat
the port to which they resorted. The consul said, "Here the lisheniun entiT I'lid
dear, and take out permits to land their mackerel from the c(dlector, and as tlmr
mackerel is a free article in this island, there can ho no illicit trade."

In the year 1H70, two United States tishing vessels, the II. W. Le^vjs aiid tlie
(•ranada, were stiized on liite charges in ('anadian waters.

What Mr. I'helps styles " a cusicun-houKe regidation " isauactof tlieParlianiciitof
Canada, and has for many years heen in for; e in all tho j^rovinces of the Dninininn,
It is oni' whiih the (Jovernment caiinot at all alter or repeal, and whiili its ollicirs
an^ not at lilierty to disregard.

((>) It is NUggested, though ;iot a8sert(«d, in the letter of Mr. Phelps, tiiat tlie pin-
ally cannot reasonalily h(> insisted on, hecause a new rule has heen suddenly adoptfil
without nolicc. 'J'he rule, as hefore ohserve*!, is not a new one, nor is its enforce-
nu'nt a novelty. As the (iovernment of the United States chouse to put an tmd to
the arrangenu'ut under which the t'slurnu'ii of that <roinitry wc^re arcustonicd to Ire-
«]uent Caiuidian waters with so much ficedom, the ohligation of giving noticn to
those fishcruu'U that their rights were thereafter, hy the action of their o,vn (lovera-
ment, to he greatly restrictk_d, and that t'u'y must not infringe the laws of Canada,
was surely a duty incunihent on the (iovernment of the United States rather than on
that of ( 'anada. 'Jhis point cannot he better exjnessed than in the hmsua^'" rciiortal
to have heen receni ly used hy Mr. llayard, the United States Secnitary of State, in
his rei>ly to tiie owiu-rs of the (Jeorge Cashing, a ves.scl recently seized on a similar
charge : ''Von are v-ell aware that (H'cstifUiB are now pending between this (lovmi-
nient and that of Great Ihitain in relaticui to the Justilieation of the ri,si;hts of Aini'ri-
can tishing Ycswls in t!:e territorail waters of J{riti.sh North America, and wesbil
relax no ellort to arrive at a satisfacttiry solutum of the diflieulty. In the inoaii-
tiuKi it is the duty !ind manifest inlerest of all American citizens entering Canadian
juris<liction to .tscertain aiul obey the laws and regulations there in force. Kfjrali
unlawful depredations of property or commercial rights this (Iovernment will «■
pect to i>rocure redress and compeuHation for tho innocent snl'crers."

INTKItl'IlKTAIION OF THE TREATY.

Mr. PheljiH, aft<TvomnH'nting in the language already <iiioted from his letter on tlie
claim for the customs jicnalty, treats, as the only question, wlietlicr the vessel is to
be forfeited for purchasing bait to be used in lawful tishing. In. following Insiii
ment on this point, it should \h\ homo in mind, as alrea<lj stateil, that in '*■'*'''■;"'.,

iirdcn

be forfeited for purchasing bait to be used in lawful tishing. In. following hisiirj!"^
ment on this i>oint, it should \h\ homo in mind, as alrea<lj stateil, that in so tar as in
fact of the bait having been intended to l>e us<mI in lawful fishing isinateria M
vim\ that is li fact which is not jwlmitted. It is one in ri's.ieet of wliidi ^"^' ' .
f ]>roof is on tho owners of the vestfcl, an«l it is ouo on which the owners "ttiK \ _
•1 have not vet ohtiined an udjndication by tbo tribunal loforo wliuh thoeii.s. ii»

of

se

^'"Mr. Phelps admits "that if tl.a J..nguape ^u the treaty of 1818 '« <''^»'''"*"SsiJ
lite.-allv, ralh.r than according to ils spirit and inain intent, a vessel ''"t-''")*-'''" '" ..
ing would be prohibited from entering a Canadian port tor any j.iupose wUaieMi,
(cipt to obtain wo,>d or water, or to repair dan.ages, or to s' -k shelter. . ,

It is claimed on tho part of the Government of Canada uii.t t his it "f " Hbi« i
language of Uio treaty of ISIH, hut " its spirit and plain intent. lo estauiisn |

fliBJIii'l'

AMERIC^\N FISITKRIES

951

n;;ii.'iilii)ii it HliotiM liii HiiilicioiiMo point to llio dear, iinaiiibignons words of tbo
iroaiy. I" llit>^« flt'iir mid (UmiiiliiKnoiis words Mr. l'luili)s Hcckn to iiftacli a Iiid-
(li'iiiiu'iiniii;; !)>■ Hiij^-^i'Mtiiij; tliat ct-rlaiii '■ prc^iiostcroiiH coiisfMiiK^ncoM" inirlit oimiKt
from ^;ivin^' tli<'m tin^ir ordinary constrnction. lit! says that \vith siicha constnnMion
uv(W('l iiii;,dil Itn forCcilcd tor i Mtcrin;^ a pori, " to i)ost a li^flcr, to send a tclcjirant,
totr.iv a iicwHpaiKT, tv> oittaiii a i)hy.siciaii in ••n»i\ of illness, or asnrj,'con in ( iuooCac-
•idciit, to land or luinj; oil" a i>aascn<,'fr. or i'vvii to Ituid assistanco to tlic inlialiitaniH,

A I'."

Tlinro aro probably lew treaties or statntes, tlm literal onforccinient of ,vliich niij^lit
lint ill crrtaii! circnnistances, produce conMiMiueiiccH worthy of beiny described as pre-
piisteroiiH.

A' iiio^<t, tliisarj^nnient ean oiily,sn;x;;t'«t that, in ••ejrard to lliistreaty, us in rej^ard
toc.ciy cnactniont, 'ts enforecnio'it slioiild not be inslHted on wlu^ro aecid-ntalh.-.rd-
sliipsor " ]ireposterons eo;isc(jnenc('s" ..re likely to eiiHn(\ Etpiity anda natural miiso
of jiiHtice would doubtless lead the Government with whieh the* treaty was niad(» to
iilislaiii froii: its vij^id eiil'oreoinei.t for inadvertent otfenses, althcHijfli the rij^lit so to
iiiforco it nii>;lit be beyond (luestion. It is for this reason tliat, inas'nuch as t\w en-
fiiKTincnt of this treaty to some extent devolves on tin* fiovcrnuKMit of Canada, the
rmliaincnt of the Dominion has in one of the K^etions already (inoled of the sfatnte
nlatinnto (ishing by fofei<;u vessels ^M Vie., eaj). <il, see. l'.))'intru.sted theexeeutive
with (lowcv toniitijjato the severity of those jirovisions wIkmi an appeal to exe,eutiv(^
iiitcrlBiciice can bo justilied. In relation to every law of a iienal eharaeter thi! same
pnwor forflie same purpose is vested in the executive!. Mr. J'heljjs will liml it dilli-
I lilt, liowever, to discover any authority anions? the jurists of his own eonntiy or <.f
iii'ati'itaiii.oramongtho writers on ii.iernational la\v,for the position that, ajjainst
ilic plain M.udsof atreaty or statute, an interpretation is to be sought which will ob-
viate ail cliance.4 of hardship and rondoc unmeossary tiio exorcise ()f the cxecntivo
liiiwcr before nien^^ioned.

It might fairly bo urged against his argument that the convention of 1818 is les.s

11 II to an attempt to change its plain in-aning than even a statute would be. 'i'ho
latter is a declaration of its will by tho supremo authority r,i' Hhi state, the former
wasa ioiii])act deliberately and Boleinuly niaile by two parties, each of whom ex-
|iri'ssi'il what ho was willing to concede, and bywliat tin'nisit was willing tobebouixl.
iftlicjtnrpo.scs for which the United Statics diisin^d that their lishing vess.'lsshivuld
liavctlie right to ente.r Dritish A(i>erican watr^UM included other than thosoexprcssed,
tluii' desire, cannot avail tlu'ui now, nor \w a ])retext fir aspecial interpreti'iiou alter
llii'y assented to the words " and for no other purpose whatever." If it was '"lU'ciios-
tinius" that their (isbermen should b(> precluded l:om entering provinci.'il waters " t(.
post a letter'" or for any other of the jmrposes which Mr. I'helpsnietil ion, they would

uolialily ii(!ver have assented to a treaty framed as this was. Having doiK^ so they
: (aniint now urge that their language was " i>repo.sterous" and that its ellect must bo
I (li'stroyod by resort to "interpretation."

Iliit that which Mr. Phelps calls "literal interi)retation" is by no means so prepos-
;tpnmsas he suggests, »vhen tb.) luirpose and object of the treaty <'onie to b(> eoiisid-
>'r(il. While it was not desired to interfcii* with ordinary conimereial intercourse
(lieUvwu tl'e jieople of the two countries, the deliberate and deelareil iiiirpos(! existed
I im till' part of (Jreat lJritain,and tho willingness existed on th«^parl of the I'nited
j^'talis.to secure absolutely and iVeo from tli<! jiossibility of encroachment the lisher-
iiesdf the I'ritish iiossessiens in America to the peoide of those [lossessions, excepting
instil (I'rtaiii localities, in resjiect (<f whi<di special provision:! were made, 'foetl'eet
[tliisitwas merely necessary that tl.ero should lie a joint declaration of the right
hiiiih was to be ('stabliHlied, but that means should be taken to jireserve that right.
itoithis piirimse a distinction was necessarily tlrawn between the United States ves-
Iwlsciipgcd ill commerce and those engageii in lishing. While the loi-ner had free
jnriM to our coasts, the latter were placed nn.ler a strict prohiliit ion.
\ TlKMnupose was to prevent the lisheries from being ])oaehe<l on, and to preserve
lllu'iato "the subjects of liis Uritanni*', Majesty in No-tb America, not only for the
Ipiirsiiitof lishing'within the waters adjacent to the coast (which (^an un(!e: ihe law
|»l iiatimiH be done by any country), but as a basis of supplies for the pursuit of (ish-
P(! ill tile deep sea."' l-or this ^u'lrpose it was necessary to kee|, out f(U-'Mgn tishing
IvcsscIn, excepting in eases of «lite necessity, no matter under what pretext th(\v might
I'lMiri'locoiiio in. The lislieri.s eonbl not be pre.served to our people if <>very one <.r
rtln'l nitrd Slates fishing vessels tliafc were accuHtor.ied to swarm iiiong our coasts

"iilil ilaiiii the rj;^rl,t to enter our harbors " to post a letter, or send a telegram, or
fiivuiiewspiipoi to obtain a physician in -ase of illne.«s or a surgeon in case of ae
fi'li'iil.to ■

p\i

lluislit^'litcstaeiiuaintaneo with the negotiati(uis which" led to tiie treaty of 181H,

pi With the state of the lishery «j.iestion pnu-eding it, induces the belief that if tho

States negotiators bad siiggeste<l these as purposes for which their vessels

.j ''^I'-iiii-i, lo '!oiaiu a |inysician ii. "use oi moe.«'s <m .i nnij;<<>ii m « .i.-.n >■> n. -

'"''■'"' b' iaiid or bring olV a passe. -.gei-, or even to h U'l assistance to the inhabitanlH
"'i"'. Ihuid, <,i- pejtileiiciv" '' "> " l'».V medicine." ov to " piindiase a new rope."

I.

8>i: j

w

If

952

AMERICAN FISHERIES.

I

Hlioiild bo ullu\v«'<l to outer onr wiitora, tlin proposal would liav<> been reiectcti an
"mo|K>8t<'i-uuB,'' to «iuoto Mr. rbt>l|m'H own words. But Mr. I'luiipn ivpjiearH to liavo
overlooked un iiiiport»nt part of Ihe eiiHO wlieii be Hngnested that it in a "liieiHijitr
ons" eonstniPtiou of the treaty, which would h-ad to the pnrchaspof halt beiimprd.
hihited. So far from HuehaeouHtriietion beiiifj ayaiuHt "its spirit and plain intent "'
no other iiieaiiiiiK wonhl aeeord with that sjiirit and intent. If we adopt omtof tlm
methods e:Milen(led for by Mr. I'helpsof arriving iit the triu* nu«iinin<r of tlio treaty
namely, huvinjx n-ferenee t<< tlie "attending cirenmslanees," &c., weTin.l thatHoliir
from its beiuj; I'onsidered by the franuMS of the treaty tliat a proliihition oftlierigjit
to obtain leiit would lie :i " ,(rei)(WtcrouH" and an extreun^instan^'(!, a proposition was
nnide by the ITiiiled Slat«'S iiejiotiators that, the proviso shonldreud ihus: "/VorifM
howci'tr, That Anieri(;au lishermen shall b'.» permitted to enter snch hays und liarborii
fortiie ]>urpose oidy jf obtaiuin;; shelter, wood, water, and /xii/," und tho insertiou
of the wonl "bait"' was resisted by the Hritish ne^otifitors and struck out. Aftn
this, how can it bo (*outeuded that any rule of iulc-rpretatiou would bo sonud which
would give to United Stati-s tishernum tlut very permission whicli was soiij;lit for on
their behalf durinjjj the uej^otiations suceessfnlly resisted by the Lbitish representa-
tives and deliberately rejeeted by the franiiTft-of the eonveution^'

It is a well-known fav^t that the ne;;otiatituis pn (■edinir the treaty had referoiiee verv
larjiely to the «leep-sea fisheries, and that the r;j;ht to purchase bait in tho Iiarlmrsiif
the Ikilisii ]>o8ses.s' ms for tlu» «leep-seafishin)j wasono which the rnitortStateslislier-
men were iiitentiouallyc^Kclnded from. Keferriujj to the dillieul ties which mibscipiently
arose frcuu i'.n enforcement of the treaty, an American author w>,yH :

" It will be Ke(ui that most ot those diniculties arose from a clian;;o in tlm eliaracter
of the lisherios ; cod beinjjf cau<;ht on the banks, were seldom piusued within tbo;i-
nnlo liuiit, and yet it was to cod, and perhaps halibut, that all the early ncj;otiationB
had referred.

"The mackerel fishinjr had now sprnnp up in the (Julf of St. Lawrence, andliaii
]>roveil extremely proliiiU)le. This was at that time an inshore fishery." (Sohnyier'n
Anierican Diplomacy, pajje 411.)

In further amplilication of this arfjument, the undersijjued would refer to tlie views
set forth in the memorandum belore mentioned in the letters of Mr. Itayaril in May
liiHt, anil to tho,«e presented in the report of the minister of marine and tislicries, ap-
]iroved on l]u- 1 tth .Mine ultimo.

While believing, howe\er, that Mr. I'helps cannot, by resort; to any Hueh matteni,
successfully establish a dilferent eonstruetion for the tri^aty from that whiih lis
words present, the nndersijined submits that Mr. I'ludps is mistaken iw to Ilit'ri;;ljt
to rem)rt to any mattersoutside the treaty itself to modify its plain words. Mr. rheljis
e.\pre«8es his contention thus : " It seems to me clear that the treaty may bu consiil-
en-d in accordance with those ordinary an«l well settled rules, api)licablo to all written
instruments, whieh v.ithout BUchsaluUiry assistanco unnt constantly fail of tlielrpur-
pose. Hy the.se rules the letter often gives way to the intent, or rather i.s only used
t<» tiseortain the intent, and the wbido document will be taken tof^e^ther and will lie
ccmsidere<lin connection with the a ttendinjx circumstances, the situation of the parties,
and theobjeet in view, and thus the literal nn-auingof an isolated clans d in oi'tennhwu
not to be the lUeanini; really tuiderstoodor intended." It may he readily adniittedtlmt ;
such rules of interjirctalion exist, but when are they to be applied? (Inly when lu- 1
terpretation is neces.sary — when the words are jdain in their ordinary nuaninjr, the |
task of interpretation does not iMJ^^in. Vattel says in r(>ferenee to the " interpretation |
of treaties" : . j

'•The first general maxim of interpretation Ih thot it is not oU,"rnHe io interpret mt |
hanno need of interpretation. When the «leed is worded in clear and iirecnw terms,
when its moaning is evident and leiwls to no absurd eonelnsion, there can I'f """'"f"
for refusing to ailmit the meaning which such deed naturally presentH. I'^R"" j'
where in warcli of conjectures in order to restrict or extend it is but an attemittt ]
elude it.

" Those cavilers who dispute the sense of a clear ami determinate article are aicns-
tinned to seek their frivolous sulderfuges in th<> pretended intentions and views wi'M
they attribute to its author. It would Ih» very oft^n clangcrons to enter wHJ' '" j^. |
into the disi-ussion of these su)>posed views that are point<'d (Uit in the 1'"'"' vj j
The IbUowing rule is better calculated to foil such cavilers, and will »• ""H'""'^."",
all chicanery: // he who vould and out/ht io hare exi^Uiincd hinmlf c''""'' l!""' -^"^ ,
Han not doHP it, it in thv. trome for him ; he cannot bo allowed <j\V''V>!!.'.'.',.'' "i".
re^^trictioMH which he liiut not expresstd. " " "

This is a maxim of the Uoina, '■|^^J^;);|

tionem obneuram iw u»uri' [ t iis noc'ere] in quorum fuit potfMate hgvm tqHrtw vm ^ ^^^

luity of this rhlo is glaringly «d»vious, ami its necessity is not Uiw (
(Vattei's Interpretation of Treaties, lib. ii, cliap. 17.)

The eouity of this rhlo is glaringly
Vattei's Interpretation of Treaties,
•Sedgwick, the Anierieaii writer on the

,. . 'aUniHtruction of Statutes'' (.m;l;S;

are ctuiHtrued by much the sanio rnlen as statutes), says, at pa;{e i.m. ,,n,iuu-i
•H wo shall coustantly »oe, «ardinal and nnivers-il; but if the statute i.s piam

AMERICAN FISHERIES.

053

liavi^ bfCMi reiccti'd as
Vli<Mp» apitoarH to have

tliiit it Mu "laeiiojtiT-
clia.seof bait bfliiigpro-

I>irit !Ui(l plain intent,"

If wo adopt (in« of the

.1 nu'anin<iof tiiotri'aty,

&c., wo tiiiilthiit8ol'ar

im)liibitiiiii of the right
•taiico, iipn)|)nsition\v;w
Idroad Uius: "/VonVM,
r Hiich bays and Imrhors

hail," 1,11(1 thoinscrtion

and Htnick out. After
I woiiUl bo Bound which
rhicli was souijht for on
r tho BritiHh reprewnta-
tiou*

troaty bad reforonce very
ISO Imit ill tlii^liiirhorsdf
1 tlic I 'nitort StatcHlisher-
iiltioHwbichHubseipieDtiy
r w>,y,s :

a chaiific in tbo character
)m pnrsuod within the ;i-
ill the ourly uegutiatioiis

of St. Lawrence, and had
loro tisliory." uScbnyiers

I woiibl refer to the viows
(irN of Mr. liayard in May

niariiio und iislierios, ap-

M>rt to any such inattm,
mty from "that which its
,s ii'iiHtakcii auto tlicri^bt
rt plain words. .Mr.I'heilis
tho troaty iiwy be coiwiil-
rt,applicabii> to all written
•(mstantly fail (if their pur-
tout, or rather is (inly used
akon toKP^liT and will he
tho HitnatioiHif the parties,
dated tdaiud in oi'ten ch'iwu
avboroadilvadinitti'dtliiit
, "iippliedf ■ Only when 111-
hoir ordinary nieaninj;, the
Puco to tho " interpretation ;

ytall-rahkiolnUrprttiMl

II dear and precise terms, j
sion,thorocanbeuorea8oni

rally proHontH. Togoete-i
„„d' it iH but an attempt to

lerminato article are aocos-
h.tentionHaiidyiewKW"
,}jor<>u8to.M.terwilb lie I

,t<-dont inlbopH'wMtse';.
«,andwillat(mcee..Uh

,,, tointHMliiceHnliHCiMj
l^ofthol^.mallaw. i«<;|

'osHiiy in n<.t \m evident.

Miibipions, thero Ih no room for (um.striiclioii or intorprotation. Tho Icfrinlaturo haH
Hpoken; their interprotation in froo fVoin doubt, mid tlioir will immt booboyod. 'It
may be pr(ij)er,' it haw boon said in Kontiioky, ' in fiiyin^ra ooustniction to I'l statiito,
to look to tiio od'ootH and ooii.so<|UonoeH w hcii its provisidii.s nro aiiild^ii(>ii.s or tho leg-
islative intoiition i.s doubtful. IJut wlitui tho Inw i,s cloiir and oxplioit and itH pro-
visionH aro KHHceptiblo of but ono intcriirotation, ifovil. can only bo avoidod by u
clianijo of tho law itsolf, to bo ctVectod by lojiislativo and not Judicial action. "So,
t(M),'it is said by tho Snprnnio C'lirt of tho I'liitod States, 'whon^ a law i.s jdain and
iinanibiKuoiiH, whother it bo oxpronsod in ;jceiioral or limited tonus, tho lof^iHlaturo
shonld lio intondcd to moan wliiit thoy luvvo jdainly oxiircssod, and consoqucntly no
riKini in left for oonstnu;tion.' "

At the tribunal of arbitration at (Jcno.n,* hold nndor tho Wasliinjrton troaty in 187'..',
a similar (|uostion aroso. (lounstd for Iior Majesty's (iovoriimont prosonted a supplo-
ineutid ariiumont, in which tho ordinary nihis for tho intoriirotatiou of troatios wore
invoked. Mr. Evarta, ono of tlio oounsi I for th(^ United States and aiterwurds Sec-
retary (H Stato, made ii Knpplenicnt;il n^ply, in whicdi tho lollowiuf^ jia.ssaj^o occurs : .
"At the close of tlu) special ur<iiiment wo lind ujior.eial prosontation of canons for tho
constnietion of treaties and some ;;onora; observations as to tho lijjht (U'tlie contnjll-
inj; reaHon under which tlieso rules of tho troaty should bo couistrued. The.se sng-
jiestions may bo briclly dismis.sotl. It certainly would bo a very great reproach to
tlieso nations which liad deliberately tixed upon three projiositions as expressiivo of
tho law of nati(mH, in their jutlgmcnt, for tho iinrjioses of this trial, tliat n rosoi't to
general instructions lor tho purpose of intori»retation was necessary. P^lcvon canons
of interpretation drawn from Vuttel aro ]>re&ented in order, and then several of them
a8 the case suits, are applied as valuable in elucidating this or that point of the rules,
lint the learned counsel has omitted to bring to your notice tlio first and most general
rnlcof Vattel, which being onco understood would, as wo think, dispense %vith any
cousideratio.i of the»e subordinate canons which Vattol has introduced to be used only
incase his first general rule does not ap])ly. This first ])roiu)sitioii is that ' it is not
aUoicnhle to interpnt vliat han no iircdo/ intii-2>retation.' " (Washington Treaty I'apers,
vol. iii, ftp. 44(i-7.)

In a letter of Mr. Hamilton Fish to the United States minister in England on tho
same subject, dated Ajiril 1(5, 1872, the following view w<is set forth: "Further than
this, it appe.'irs to aw that tho principles of English and American law (and they i\,u^
snlistantially the same) regarding tlio consirnction of statutes and treaties, and of
written instruments generally, would preclude the seeking of evidence of intent out-
side the instrument itsolf. It might bo a painful trial on which to enter in seeking
the oiiiiiions and recollections of jiartios, to firing into conflict the difleront cxjiecta-
tions of those who were engageu in tho negotiation of an instrument." (Washington
Treaty Papers, vol. ii, ]>. 4t.i.)

But even at this barrier the diflliculty in following Mr. Fhe'ips's argument, by which
lie seeks to roach tho interpretation ho desires, does not end. After taking a view of
the tieaty which .all authorities thus forbid, ho say.s: "Thus regarded, it afipears to
nic clear iliat the words ' for no other ]>urposo whatovor,' as employed in tho treaty,
1IIC.1U (or no other purpose ineonsi.stent with the provisions of the treaty." Taken in
that Heiisji the words would leave no meaning, for no other i>urposowould bo consist-
ent wilhtho treaty, exco]ttingthose .nentione<l. Iloprocoitds, " orprejiu.icial to the in-
terests of the jiroVmces or tlieir inhabitants." If tho United Slates luithorities are
the judges as to what is prejudicial to tho.se interests, the tro.ity will iiave very little
vabie; if the provinces are to be the judges, it is most iirojudicial to their interests
that United States fishermen should b»* iiermittod ftt come into their harbors im any
pretext, and it is frtal to their fishery interests that those iishcrmon, with whom they
have to eonijiote at such a disadvantage ir the markets of tho United States, shonhl be
alhiwed to enter for supplies anil bait, ov.-n for the imrsnit oJ' the deep sea fisheries.
Itefore eoiududing his remarks on this subject, tho uudorsigiiod would refer to apas-
Nagc ill the answer on behalf of the United States to the ease of Her Majesty's (Jovorn-
iiunt .IS ]ire8euted to the Halifax Fisheries ComniiHsion in 1877: "Tho various inci-
dental and reciprocal advantages of the treaty, such u.i tho privileges cd'traflic, pur-
fliasin^, bait and other supplies, ani not tho* subjecd. «d' ( •mi'ensation. because tho
treaty of Washington confers no such rights on the inhabitants of the United States.
t(*«H()i() tnjoti them merely hy »ufferancv, and who can at ain/ time he deprived of them by
tke. nfurcnient of existing lawn or the re-tnartment of former oppressive HlaliitcK."

Mr. IMieliw has made a lengthy citation from tho Imperial act, .VJ George III, cap.
'W. lor the purpose of establishing—

iHt. That the penalty of forfeiture was not incurred liy any entry iiilo JJrilish ports.
iinleHs aeeoinpauied by fishing, or jireparing to fish, Avithiu the jirobibitcd limits.

Al. That it wa.H not the intention of Farlianient, -u- its iiiidcrstandiug of the tn^aty,
that any otln!r entry nhould be n<gar«ied as an infraction of the provisiuusof that a<!t.

• (Jeuov.i.

SI

05i

AMERICAN riSHERTES.

Ri

An ri'^anlN tlio Ijittcr iioint, it m-oinH to lir «'irt'(!tiiiil).v dispose.', of Uy tlio (luotnti
which Mr. I'holps h:i.s iinuh-. Tiio act lu'iinits lishorincn of tiiol'iiiti-ii .states to (•iit""
info tlio liays or Iiarhors of his Hiit-iiiiiic Majesty's «loiiiiiiions in Aincrira fm- (I '.
ltiirii()s«'H named in tlu« treaty, " nnil for no other ])nrposo whi.'tover,"' and alter cnid'
in;; tho i)eiialty of forlVitnrc in rej^ard to cortain oll'enses, p.ovidcs ii penalty of £20i)
Hterlinjj against any person otherwise odendinK a^fainsttlio act. Itcaanot, tliciofon.
ln> sureessfully contended that rarlianient intended to ]»erniit entry into tho liritisli
American waters for the pnrclnvso of bait, or for any other than tho imrnoHcs Nnociliiil
in tho treaty.

As to th»^ first point, it is to be observed that tho penalty of forfcitiiro was cxprMslv
l)rononneed as applicable to the oll'enseof lishin;; or preparinjj to lisli. Jt mavlM'tiiat
forfeitnre is incurred by other illej»al entry, contrary ti» tlio treaty and coiitraivto the
Htatnfe. It in.iy also bo contended that propariii};, within f Inrprolilhitcil limits to
fish in any jilaco is tho offense at which tho penalty is aimed, or if may \h\ that the
))rej>arin;i within theso waters to fish is evidence of prepsiring to lisl- within tlionro.
iiibited waters under tho Imperial Mfatnte, and especially uiidor the'.'aiiacliatistiitiitc
which jilaces the burden of proof on tho defendant. ' '

Th«» undersigned does not propose at this time to eut«r into any elaborate ar"iiiiipnt
to show the >f rounds (»!» whi( hfho penalty of forfeit uro is available, becausn thattinos-
tion is one which is more snitablo for determination by tho courta, to wIdso dtcisioii
if li:iH lu'en referred in the very case under consideration.

'I'lie decision in the case of the David. I. Adams will b(> soon iirononnccd, and astiio
(iovernment of Canada will bo bound by tho iiltiinato .jndjiment of coinpi'lcnt au-
thority on this (|iicstion, and cannot bo expect oil foacquicHco in the viewof tlioUnittd
States (iovernment without such jv Judjjnicnt, anyar<{umont of tho case in (lk|ilomati(!
form wonUl bo \>reinatur(^ ami futile.

In onler, however, to show that Mi. Phelps is in error when ho assiimea that the

*:.■..* ,.,..,..4 _...,< :,.,. 1.:. i *.. ..: «.. * i... » i.. :.. : .1 :ai. 1 •

]>racticii1 construction hilhcrfo jiivoii to tho treaty is in accoidaine with his views, it
is as well to state tlnit in tho year 1^15 tho commanderof one of Her Majcsty'.s ships
of war sci/eil four I 'nitcd States fishin;; vcssoIh (sec Sabine on Kislicrics), ami a;,'ain
in H17 the Imjierial (lovernmi'iit acted on tho view that they had tlii! iii;ht tosiizi'
forei^in vess«'ls encroach injj on the fishing; grounds. Instructions weiHussiied hy Great
Ibifain to H«Mze forei^jn vessels liKliin^ or at anchor in any of the harliors or (Ticks in
tho British North Americ.-m ]tossessioiis, or within their maritiino jiirimlictidii, ami
send them to Halifax for adjudication. Several vessels were seized and iiildriiiation
was fully communicated to tli<> (lovernment of the I'nited Slates. I'his, it willlHi
remcinben-d, was not oiily beroro the treaty, but b«<loro tho Iiniterial act abdvo re-
ferred to.
The followinj; were th(^ words of tho admiralty inHtructions then i.sHiicd:
"On yonr nn'clin;; with a«iy forei;;n vesstds, lisliin<; or at anchor in any iif tho har-
bors or creeks in His Majesty's North American Provinces, or within om- inaritiiiH'
jurisdiction, you will seize and send such vessel so trospassin^i to Halifax loradjiKJi-
c.ifion, unless it should clearly ajipear that tlioy havo boon obli;;ed to put in therein
c(Mis«'ciiicnco ot disfrcNH, acipiaintin;; me with tho cause of such wiziiro and every
other ]>arf iciilar, to enable mo to givo all information to tho lords coiniiiiHMoners nl

tho Admiralty."

I'lider flieso instructions eleven or twelve American fishing vessels wcni seized in
Nova .Scotia on .)uno H, Ixl7, in consc«|ueiice of their frc(iuentiii}; some oftlie harlmrs
of that i>rovin«'o.

In IHlM the fishinj; vei-wds Mabby and Washinjjton wore seized and condemned lor
enferinj; and Jiarbonn^; in Uritish American waters.

In IKt.'V tho .lava, Iiidciiemlciice, Majjnoliu, and Hart were, seize<l and conliscated,
fho principal char;;o beiiij; that they were within IJrifish American waters without
loyal «'aus<'.

- • - -- • ■ bail.

■ized

. _ _ , V t'f 111! [' III 11 i^ »* J Jl lllir, .» I. i\ •»'. !■■• - ■■■_-,

to a harbor of that jirovinco after wariiinn i">d w ithont iicc<>ssit\.

In t ho yearlHTl the yiiifed States fishing ves«clJ.l!.NickorsiMi was s»Mzed for having
piirclinNcd bait within three marine miles of Nova 8<'otiaii shore, and condeiiiiied )J
the judgment of Sir William Youny, chief justice of Nova Scotia and jiidK<'Oi ™'
court of vice-adniiralt V. Tho fcdiowint; isapassayo fi«nn his jiidj;;mcnt:

"The vcHHol went iii^ imt to obtain water or n^>ii, as the allc^talioii says, biittopur-

/...l.:,.l I i.,1..- :. : :....«,. j;^!. \ nml 1 1 u'llM ((mtcllllt'"

In HlO tho r.-ipineau and Mary were w'ized and sold for imrchasin;,' bail.
In the sj.rin;,' of IHIU a irnifed" States lishin,<; vessel named the Charles was wized
lid c(Miilemned in fho vico-admiralfy court in Now Hrunswick for liaviiii,' leHoiici

AMERICAN FISHERIES,

955

"f liy (1m5 (iMotiition
'iiuU'M .-states tiicntci
H iii_ Aiiicricu for tli«
vcr,"' uiKlaftorciiact-
(h's 11 licnally ofjCiOO

Ilcuiiiiot, tliertifori',
entry into the ItritWi
tlio imrpoKcs Hpccilied

rfeitiiro was oxprcssly
)l;8h. It may lie that
y and contraiy to tln^

I)r()hil)iti'(l limits, to
or if may lio tliatllic
:o lisl' within the pni-

tho'Jauiulian statute,

ly cliiboriito arumiicnt
)le, Ix'caiisi! tliat(iiu's-
rts, to whoso (li'cisiou

roiiouiiccil, and as tlio
KMit of coin])i'l('iit ail-
the view of tho United
ihocusu ill ili4iloinatic

II lie uHsiiiiiea tliat the

im«i! with liis views, it

of Her Majesty's siiips

Finh('rii's), ami a;,'iiin

liad tht! ii;,'lrf, to seize

IS wvw issuiMl liy (ireat

i(> hailtors or ereeiisiii

itiiiic jurisdiction, and

soii^iMl and inforiiiatinii

(|!it('«. 'I'iiis, it willlie

Impotlal art above re-

thoii is.siit^d :
iclior in any of the liar-
ir witiiin our maritime
r to Halifax foradjuili-
ilij;t'(l to i)utin tlieivin
iiicli sri/iiro and every
lords coiiiiuiHsiiineis ol

r vcsw'ls were seized in
liiftHoiiieoftiicliailiftrs

izcd iind I'ondcnuied lor

seized iind coiiliscated,
mericivn waters witiioi't

pcliasin;,' bait. .

I tlioChaili'swasitcizw

ick for liiiviiii; reHorted

Hsity. „ , ■ .

on wiLHSci/edforliavui),'

liore, an.l •■oudeinm'd hy

^cotiii and judK«oltlie

I indf'nu'ii* *•

,:Ut ion says, but tn pur-

In.anditwas.onteiKH
I on sncli .'Ulerin};. 1 "■
was to bo eoneedei II
istooinn.ortautai.at

uilhestal.M'iU'"'-^!'!;'
,,,„, )1„. .oiirt.aRlliii
„j„d«n.rut. Wiiatnm)

liiifairly and jiiHtiy insiHtedon \h, thiit beyond the fonr ])nrposnf;H))ccilied in tlin trojity—
shelter^ repairs, water, and wood— here isanotlu'rjnirpose or claim I'lotspecilied, while
til,, treaty itself declares that no such other purpose shiiU l)e received to jiislify an
entry. It appears to moan inevitalile conclusion that the J. il. Nickerson, in entering;
the Day of Ingonisli for the purpose of prociirin}^ bait while there, l)ecamo liable to
forfeiture, and npon the trnts coiiHtructiim of the treaty and acts of rarliainent was
jeijally seized." ( Vide Hniifax Com., vol. iii, p. XVJ9, Washiuston edition.)

hi view of these seizures ai>d ol this deciHlon it is dillicult to understand the follow-
ing' passa^jcs in the hotter of Mr. Phelps :

"TJiepracticaleonstriiction j>iven to the treaty, down to the present time, has been
111 entire accord with the eoiiclnsions tlins deduced from the act of rurliament. The
llritishtiovernmeut has repeatedly refused to allow int<'rference with American lisli-
iiifj vessels, unless for illegal tishinj;, and lias j;iven explicit orders to the contrary."

".ludieial authority niton tiie (luestion is to the same etlect. That the purchase of
liait liy American fishermen in the provincial ports has been a common practice is
well known, but in no case, so far as I can ascertain, has a K<!izuro of an American
vessel ever been enforced on the jrronnd of the purchase of bait or of any other snp-
|ilies. On the hearinjj before the Halifax Fishery Commission in 1877-'78, this ques-
liiin was discussed and no ease could 1)0 produced of any such condemnation. Ves-
sels sliown to have been condemned wore in all cases adjudf,ed guilty, either of lishing
(ir preparing to fish within the proiiibited limits."

Althoujjh Mr. I'helps is under the imprcsaion that "in the hearing before the H.ili-
f;ix Fishery Commissiiui in 1877 this question was discussed and no case could ))e pro-
(liiicd of any such condemnation," the fact aitpears in the rec(uds of t hat Connn ission,
;is pnl)lislie(i by tho Government of the United States, that on a discii:,sion which there
iiiiise, the instances above mentioned were nearly all cited, and tho Judgment of Sir
William Young in the case of tho J. H. Nickerson was presented in full, and it now
appears iiiiiong tho papers of that Commission, (See vol, iii, DocnmcMits and I'ro-
leediuKs <d' Halifax Commission, page 'Xi'M, Washington edition.) The deci.sion in
the ease of the J. H. Miekerson was subsequent to that in tho caseof th(^ ^Vilit^^ Fawn
iiieiitioned, to the exclusion of all the other cases referred to by Mr. I'helps. Whether
thatdeeision should be reallirmed or not in a «iue8tiou uioro stutabli! for judicial de-
termination than for discussion here.

lilGUT nv THE DOMINION PAULIAMKNT TO MARK FI.SIIKIIY KNACTMKNTS.

Mr. riiolps deems it unnecessary to point out that it is not in tho power of the
Canadian Parliament to alter or enlarge tho ])rovisions of the act of the Imperial I'ar-
liiimeiit, or to give to tho treaty cither a constrnetiou or a legal eilecl not warranted
hy that act.

No attempt has over boon inado by tho Parliament of C.inada, or by that of any of
the provinces to give a "construction" to the treaty, but tlii) undersigned siiluiiits
that the right of the Parliament of Cai.atia, with tiie royal as.sent given in the man-
ner provided in the constitution, to jiass an act on this subject to give that treaty
elleet, or to protect the peoi)le of Canatla from the iiifringeinent t)f the treaty i>rovis-
ioim is clear beyimd «iuestion. An act of that i)arli!iment, duly i)assed aecoiding to
coimtitiitional forms, has as much the force of law in Canada, and binds as fully
oHeiide'H who may come within its Jurisdiction any sut of tiie Imi»erial Parliament.

Tlieell'orts made cm the part «if tli(! (Jovernmentof the United .states to deny and
refute the validity of eoloni.-il statutes on this subject have been cuiitinncd for many
years.and in every instance liavo been set at naught by tho Imperial autlnaities and
hy the judicial tribunes.

In May, 1870, this vain contenticm was completely abandoned, a circular was issued
hy the Treasury Department at W.'ishingtou, in wllich circul.ir the persons to v, '.loin
it was sent were authorized and direc'cd to inform all :iiasteis of lishing vessels that
the authorities of the Dominion of Canada had resolved to terminate th<> .system of
1,'mnting lishing licenseH to foreign vessels.

The eiiTular proceeds to state tho terms of tho treaty of 1H18 in order that United
slates lishermeu might bo informed «)f tho limitation thereby iilaced on th<ir privi-
'•'KON. It i>roceed8 further to set out at largo the (.'anadian ait of lHli8, relating to
lishinnliy foreign vessels, wliich Las been hereinbefore referred to.

Tim lishermeu of tho United States were by that <ireular expressly warned of tho
imtiiro of the Camwlian statutes which it is now once more iu-et<niled is withoutforee,
hut no iutimati.m was hiveu to those fishermen that these provisions were nugatory
aim would, bo resisted by tho United States (iovernment. I,est there should be any
luiHappreheimion on that subjec^t, howevei, on .June !l of tlu^ s.inie year, less than a
iiioiith alter that circular, another circular was issu»'<l from the sanm Department
«talm;r again tho terms of tho treaty of 1H18, and then containing the foilowing par-
apaph: " Fishermen of the Uniteil States are bound to respect the liritish laws for
tlie regulation and proservation of the fisheries to tho same extent to wiiieh thoy are

i)5fi

AMERICAN FISHERIES.

ai)i»liial>l«> to Itrilisli aii<l Canadian lisliornion." TluiHJiniixMiTiilur, noticiiijrtluMliiiiw
uiado in the Canallian liHhcry act of IHCiH l»y tlir aniondnifnt of 1m7ii. in.ikiHthisnliJf
vation : " It will lie ol)m'rvtMl tiiat tlio warning lonucriy );ivi'n in iml. it'iiiiircilniid.r
tlio anicnilcil act, but that vessels ticspaHMinj; aro liable to 8t'i/in« withdiitsutii
warniu;;."

THK CANADIAN STATUTK OF Itirtti.

Mr. riu'lpH In nuain under an trroneouH iuiiHeHHion withrejrardto tlio statute intto-
dnei'd at the last setiNion ot'the |)oininiou I'ailiiiniinit.

He is infornied that " ninety the nei/ure " the Canadian anthoritics lijivo imssiHl or
are |)reNHin^, tliron^h the Canadian Parliament in niueh haste, an act wlijch iHdraiL'u'cd
fi>r the lirHt time in the IfiHtory ot'the le;;ihlatnro under tliirttreaty, to make the I'mts
upon whiih the Auu'rican ve8t>elH have hetin Hcizetl ille>;al, and to uuthori/.e prncwj.
iu;;H a^aiuHt them therel'or.

The follow in;i<d).servat iouH are nppropriatu in relation to tluB pa.ssajjo of Mr. riieliw's
letter:

(1) The act which he refers to wn.s not piiMHed with haste. It wuh jiiMwt'd tliroiijjli
the two houhCN in the n.^ual manner, and with tli«> cdiservance of all t he uhiuiI forms,
ltn i)assaK»' oeenpied piohalily nioro lime than wa.s oceiipied in tho passa^o tiiri)iii;li
the Con;ire.ss of (he Cnited States of a measure w liicb poKMCBSi'H nnali the hhiuc ciiar-
ucter. and which will lie referred to hereafter.

(*.i) 'I'he act has no hearing; on tlie hci/nns referre<l to.

(;{) It does not niak(( any act ille};al w Inch was lejjiil before, hut declares what pen-
alty attaches to tho oU'enhcs which were already ])rohibited. It may bo obaervedin
reference to the charj^es of "undue haste,'' and of " Icj^islatiuf^ for tho lirst tiiuiMii
the history of tlu' lc;;islation under the treaty." that before the statute referred to had
become law the l.'nited tStutes CongieHSpa»tH.'d a utatuto coutaiuiug the follu\rinj;i>ec-
tion :

"That whenever any foroifin country whose vessels havo been i>lacc(lou the same
foot in^ in the ports of United iStates tui American vesstds (t he coast wise trade excepted)
shall deny to any vessel of tho Cnitcd States uny of tho c(Uiunereial i»ri\ ilexes at-
cordi'd to national vessels in the harbors, ports, or watereof such foreign eountiy, the
I*rc>«itlent, on iH'ceivinj; satisfactory infornuition of the continuance of hiicL disdim-
in.itions against any vessel of the United States, is lu'reby authorized to i«.sue his
]u-oclamation, cxcludin<;, on and after such time as lie nniy indicate, fnmi t lie exiniso
of sn< h comnu'n-ial privilej^cs in the ports of the United States as are denied to Ameri-
can vessels in the ports of each foreij^n country, all vessels of such foreign eoiiiitrjof
a similar character to tho vessels of tho llnite<l States thus discriminated ajiaiiist,aud
suspemlinj; such concessions ])reviously granted to tho vessels of such country; and
on and after the d.ite named in such pri>clanuiti<U) for it to take effect, if the muster,
oflicer, ov ajj^nt of any vessel of sinh foreij^n country exclinlctl by said iiroclaiuatiou
from the exercise of any commercial i>rivile;;cs shall do any act pioliildted bysaid
l>roclaniation in the jiorts, harbors, or watt-rs of tho United States for or oiiaiwmut
of sinh vessel, such vessel and its ri{;;iin<^, tackle, furniture an<l boats and ail the
Ijoods on Itoard, shall be liable to seizure and to forfeiture to the United Stalis; and
any i>erson opposin,"^ jiny oflicer of the United States in the enforcement "f this act, or
aidiii"; ami altetfin;; any other pcrsoii in such opposition, shall forfeit %;~00 and sliall
be K»ilt.v "* '"i niisdemcanor, and. upon conviction, shall be liable to imprisoiimentlor
:i t<T!n not cxceedin;i; two vcars." (Sec. 17 of act No. t*r> of Congress, i*^).)

This enactment has all the features of hostility which Mr. Thelps lias stisnmtizcd

as " unprecedented in the hist<uy of leyislatiou under the treaty."'

«

KNI-'onC'EMENT OK TIIK AC:H WITHOUT NOTtCK.

Mr. riielps insists upon what he rejjardsjis "obvious lirounds of reason and justice
and " upim comnKUi principles of comity, that previous iioti<f shoiilil have been ),'iven
of the now stringent restrictions" it wsis inttnidod to enforce.

It has alreiMlv been shown that no new resirictions have been atleinjited. Uiecase
of the Davi.l .1. Adams is proceeding' under tho stattitcs which have lieeu enlorcea
during! the whole timo when tho treaty had operatiwn.

it is true that for a short timo prior to tho treaty of \Vashint,'t«n, •■»"' V) '"'" .''^1';^ '
fations exist^'d of such a treaty beiiiK arrived at, the instrncti«mN of IHa*. w""^"''"
eit«>d bv Mr. rhel|»s, w<to issui^d by tho Iini'f rial authorities. It is likewise true i .n
nnder these instructions the ri-jhts of Her Majesty's sul.,ie<!ts in <'''''i''y\^7'^'fl .nir-
sisted on in t heir cut iret v. Theso instructions were, obviously appluable to '"'I'
ticiilar timo at which anil the particular circuiuBtances under which they were imi
by Her Majesty's Uoveruuient.

AMKRICAN KISIIEUIES.

!I57

jinl to tlio Hlaf ute intto-

H passaj^o of Mr. I'lielps'it

Hut it is olivioiwly iinfaii to itivoko Mioiii now iindi^r wholly dincront circuiiiHtiuicoH
(iNi'HtiildiHliinK it " practicul (■(•iiHtructioii" of tlio trciity, or uh iill'onliii^ any jjiouiid
torcliiimiii;; that tho iiwlnlK«Mi(!o which tln\v (^xtoTitioil whoiihl h(^ iioriMiMial.

riio fiNlicry daiiHOH of tho Troaly of WaHhiiiKtoii w<'id aimullcMl hy a notico from tlin
(idviTiiiiHiit of tho United Stut^JH, and, as liaH alioady hooii ..rKed,' it wonid Hooni to
l,;i\o lict'ii J ho dntyof that (Jovcniinont.ratluTthan of th(^ (Jovoininont of Canada, to
have wiinicd it.s own ^M-oplo of tlio oonwciuoncfH which must i'nHU(«. 'Wii.s wan dono
1,1 K(i l>y tlio cin-nhuH froni tho TrtiaHury Dopartnioul at \VaH!iinj;ton, and might
well liavi^ Ix'cn tlono at tliis tinio.

Mr. rin>l|>« l'''>« ''«'"» P'"*a«'''' to .stigmatizo "tho action of tlio Canadian authority
ill seizin;; and Nt ill dotaining tho Davitl J. AdaniH" oh not <mly unfriendly and dis-
, iiiiittdiis, hut alt'o^^othcr nnwarrantahlo.

Il(! prorctKlH to Htato that that vessel " had violated no existing; law," althon^jh his
lilttr cites tho Htalnto which she had tliroctly an<l ]dain)y violated; and lu states
that Nile " had incurred no i>enalty that any known statute^ imi»o,sed"; while ho has
(linctcd at largo tht» wonis whi«rh inllict a penalty for tho violatu)n of that statute.
lli'dctlaivs it Recms inipossihlo j'or liini to escajio the eonelnsion that '• this and sinii-
lir sci/iucs were matUi Ity the Cauiwlian authorities for t1u( delilierato |iurpose of har-
iissiii;; and eudtarrassing the Amefiean fishing vessels in the pursuit of their lawful
iiiiiiloynient," and that tlio injury is very much aggravated hy tho motives which ap-
liiiir til have ])ronipte<l it.

lie ])rot('M,ses to have found tlui real soiirco of the ditTiculty in the " irritation that
lia,s taken jilaco among a portion of tho Canadian peojile, on account of the ti^rmina-
liiiii liy the United .States (jovernnicnt of tho WaHliington treaty," and in a desin^ to
(liivetlie, United States " hy harassing and annoying their lishermen into th(! a<hip-
liiMiota IK A' treaty, by which (Jaiiadian tish shall he admitted free," and he declares
(liiit "this schcmo is likely to prove as mistaken in policy as it is unjustihablo in
lirinciiile."

He ini(jht, perhaps, have more aceuriitcly .stated tho real source of tho ditlieulty,
liiid ho 8u;;ge8ted that tho United States authorities have long endeavored, and arti
sliliemloavoring, to obtain that which by their solemn treaty they delilierately re-
iimineed, and to deprive the Canadian peoi>lo of that which by treaty tlie Canadian
liiiiple lawfully acquired.

The people of the I'ritish Nortli American Provinces over since the year 1818 (with
\\w except ion of those jieriods in which tho reciprocity treaty and tin* iisliery
rIaiiHes (if the Washington treaty prevailed), have, at enormous expense, and with
Ureiit ditlieulty, been protecting their tisberics against eiicroachinents by lishermeu
of the United States, carried on under every form and pretext, and aitled by such de-
nunciations as Mr. I'helps lias thought jirojier to reproduce on this occasion. They
vidiie no less now than they formerly did the rights which wore secured to them by
the treaty, and they are still indisposed to yield those rights, either to individual
ii^JKressiou or otliciail demands.

The course of the Canadian Government, since the rescision of the tisliery clauses
iif the Washington treaty, has been su'di as hardly to merit tho asjiorsioiis which Mr.
I'helps has used. In ord»T to avoid irritation and to meet a desire which the Govern-
ment represented by Mr. I'helps professed to entertain for tlie settlement of all ques-
liims which could reawaken controversy, they canceled for six months after the ex-
jiiratittn of those clauses all the benefits which tho United States fishermen had en-
joyed under them, although, during that interval, the (jrovernuicnt of the United States
cufdreed against Canadian tishenncH the laws which those iishery clauses had sns-
piMided.

Mr. Uayard, the United States Secretary of State, has made some recognition of
tiiewfaetH in a letter which ho is reported to have written recently to the owners of
I'avid J. Adams. Ho says :

the

"More than one year ago i sought to protect our citizens engaged in fishing from

re^nhs which might attend any possible misunderstanding between the Governments

enireat Ihitain and the United States as to the measure of the'r mutual rights and

linvilej^i's in the territorial waters of liritish North America. After tho termination

of the fishery articles of the treaty of Washington, in Juno last, it .seemed to me then,

and Hoenis to me now, very hard that diiferences of oiiinion lietwcen tho two Govern-

nieiitHNhim Id cause loss to honest citizens, whose lino of obedience might be thus

; '^'"''"I'd vague and uncertain, and their property be brought into jeopardy. Influ-

j weed liy this feeling, I jirocured u temporary arraiigement which secured our fisher-

[ nwi full enjoyment of all Canadian fisheries, fre«( from molestation, during a iieriod

winch wouhl iiennit discussion of a just inti'rnational settlement of tho whole iishery

'juestiou; hut other counsels prevailed, and my efforts further to protect fishermen

ifmsiich trouble as you now sutler were unavailing."

{ At the end of the interval of six months tho United States antliorities concluded to
I "ram from any 'ittempt to negotiate for larger fishery rights for their people, and

958

AMERICAN Fl8IIKliIES.

thpy liavo roiitiiuHHl to onftirco thoir ciiHtonm laws ft;;ftiii.st. tlio (iHlioriiiDii uiid i
oft^iuiinlii. ' "1"''

Thr lfas( tlicv r<»iil<l liavti lii'cti cxpcctiMl to do niulcr tlioso <iniiiiist(iiin's wii
Ic.ivo ti> fill" piMipIc of Ciiimiliv llio full and niniiicNtioMod t-iiJoynuMit of t|io liL'hts '
inrt«d to llu'iii l>y troiiiy. Tli« (Jovcnimcut, of Canada liftM«iniply in,si:<t(Ml uiioiiihr,
ri;;lils and has iin'MiMiti-il to tlit> U«Kal tiiltnnalu itH ilaini to liavii tlicin ciifoici'd "*'

Tl((> insinnations of ulforior niotivcH, tho iinpntationH of niifiimdlv (iisiioHitidii
an<l tlii<8ingnlarly inaccnrato roproHcntation of all tho loadinj; ffatinvHof tlmnne
tions nniltT diHciisMion. may, it liiM l»i'(>ii UMsiiincd, lio paHsod liy with litlli) moriMoiM
iMcnt, Thi'y aro hardly likidy to indiico lior MaJoHty's (lovoinnifiit to wwrirKTtl !
ii;,'litH which th«y hav« lu>rotoforo helped our pooplo to protect, and tlitv arti tJi
taniiliar to auaUen indignation or Knrpris*^

I'lu' iin(h'r«i;;ned lespeetfnlly reeoniineml.s that the HiihHtttneeof tliiHiiimiioniuiiiiin
if approved, he forwarded to thi> Herretary of ntato for the colonieM, for tho inform i'
tion of Her Ma.jcsty'H tiovernniout.

' * . .'N(). S. 1). THOMPSON,

Ottawa, ./«/// 2*2, 18%. ^

No. 8.

'IT

,'

«S'/r Ij. West to iUr. Ilayard.

WASUINGTON, f/«M«<U7/ L'S, 1887.
(Uec-tiivtMl .laimaryL'll.)
Siu : Witli rofVrom'o to.vour notesol'tlic lUth suid 'JOtli ofOctoljerlast,
I have tlie lionor to transmit to you luTcwith copy of a tlispatdi from
thf ^'ovt'i'iior jronciiil of Caiijula to IFcr Majesty's secretary of istatefor
the cohmies relative to tiic cases of the Anjericau iisliiiiji vi'ssels " IViiii
Nelson" and "Everett Steele," which [am instructed bylliTMiijeety's
l)rincii)al secretary of state for foroij^jn affairs to coiuiiiuiiicate to the
United States (jovernment.
I have, «S:c.,

. ,.; / L. S. SACK VI LLE WEST.

'-) ■ ; <' * |Iii<-loHiin' ill iu»U« or January 28. t

The Marqtm of Lamhoivnc to Mr. Stanhope.

GovKBNMKNT Hou.si;, lhccmhcr'3,W<'-
Silt: I hatl the honor of receivinj^ yonr <lispatch of tho titid of Noveiiilirriiircf.'an!
to theeaw) of t h«) " Kvorott Stcclo" and " I'earl Nelson," recently detaiiiciliit Skllmm
and Arichat, Novu Scotia, for itoii-coinpliauco with tho cnstonis rcguliitious of the ,
Dominion. j

Tho eircuniHtances under which tho conduct of these vcsstds attracted the attPiiiion ,
of the customs authorities were sot out in tlio privy council orders of tho IHtiinlAo- j
veniher, ccrtilicd copies of which were forwarded to you under cover of my dispaUlies
of the'jyth Noveniher. ,

Tho information contained iu these documents was ohtained in order to i'oiiiih)'
with tiio n^nnest for ** •■•■""•■^ <>•> tiw«i.. ti>-<> <.i>u<.u <i-iiii>i> ^'on iimi riililrr>sM'd toiiioliytcl*

- u rejwrt ou these two cases whidi you hail addressed to mo n.v if''
date. I have now carefnilvoxamined the fuller HlateincntHiiiiiil''")

e;{rani on a previous dan-. iijjm;iiw« i^iiKiun;) t.vinnun.i.i.v, .....v. ,1

Mr. JJayard. hoth as to tho facts and iw to the consitlerations hy wliieli tliooomlnriiji
I lie hjcal oflicials should in his opinion havo hecn governed. Vou will I tluuKiim-
on reference to tho jirivy council orders already heforo yon, that tlio iirgmm'Hii'''""
vauced hy Mr. Ihiyard liavo been suflicieully met by the observations of my luiuisier
of marino and llsheries, whose reports aro embodied in those orders.

It is not disputed that tho " Everett Steele" was in Shelburiio Harbor 011 tuei)ia
March and .sailed thence without reporting. In consequence of thisouiission on i
master's part Lis vessel was, ou her return to bhelhurue, iu J*eptcuiber, dotameu . j

AMEUICAN KISUKRIKS.

\)i}\)

\ llHhorimMi mid pcoiilu

I'luiftliisincTnorimdinii

UKVILLH WEST.

till) collector. '!'•'«' ""iHti'i- liuviiif,' cxiiluiiiiMl tliiifc liin im-Hciicc in tliolmrhorliiul brmi
,iiciiHi"ii<"<l ''.V wt'<'**-'< *;*" Willi lnT anil tliat liis liiiliii(> U) rfpori, w.is iiiadvcrli'iit.aiHl
ihiHt'xpliiiiatioii liiiviiij; bcoii trlc^ri(|tl)fil to tlio ministi r of niiiriiit) at Oltiiwa, (lin
vcMSfi wiiM at (inco allowed to i)nic«wil to (M-a; iiur ruteuso took jiiaco at noon on lluj
(liivt<ill"^^''"n ""'*' o* !'•''■ «lftiMition.

ill till' ( ami oftlio "rcail NclHon " it in not (h'nii il tliat nintMif in rcn-w wi'ic landcil
ill Ariiiiat llailior at a lato lionr in tlu^ cvminj; of In r arrival and licfoic tin- iiiaHti-r
|:ii(lii>iiort('(l to llio cnMtoin-lion.so. It is oUvionis that if ntcn ^V(■l■(^ to lio allowed to
(jiMiii nlnire, under Huch circnnrntanecN, witlnnit notitiiatioii to (lie anlliorilies, ;;real
l;i(ilitii's would 1>« ()rtVre(l for landin^^eontraliand };oodM, ami there ean lie noi|iu'sti<<ii
thiittlio master, by itermittinj; IiIm men to land, was ^^nilly of a. violation of Meetions
i'liiml IWtof tlio cUHtoniH art. There Hcems to be reason to dimlil his Niatenient that
liiMvas driven into Ariehat by Ntress of weather; but, be this us it may, Ibe fact of
iiis having' entered the liarbor for a lawful imrpose wonlil not earry with it a rijrlit to
I'vadotlie law to wliieli all vessels iVeiiiienlin;^ ('anadian iioits are amenable. In
lliiscase, as in that <d'thn " Kver<'tt Steele," already relerred to, the statement of the
iiiastir that liiHolfenHO WUH duu to inadvortciico wuh uccopted, and tlio lino iniiio.sed
lit (inco remitted/

I (iliscrvo that in Lis dispatch relating; to :lio (Irst of thcHe ease.s Mr. Hayard insists
Willi iiiuch earnestnesH njK the fact that eertain " prerojjatives" of access to tlie
jirritmial waters of the Doniinioii were specially reserved nncUu" (he convention of
i-is to tlio lishernicn of the I'nited States, and that a vessel enteriiif^ ii Canadian har-
I III lor any piiri»08t) «;oniinj; within tho terms of article I of that <:onventi()n has iis
iiiiiili riji;ht to lui in that harbor as sho would have to bo upon the hij^h Kca.s, and he
|irn((T(lH to iimtitutoii comparison between the detent ion of the " Everett Steele" and
ilii' wr(Mi;;fid seizure of a vessel on the hi<;h seasniion the suspicion of beinj; eii'ja'^ed
ill the slave trade. Mr. Hayard furtlicr calls attention to the special consideration to
'vhiili, fmm the circumstances of their jnofession, the tishermen of llie United Statics
iiiv, in his opinion, entitled, and he dwells upon the extent of injury which would re-
sult t(i them it' they were debarred from tho exercise of any of the rights assured to
iliriii liy treaty or convention.

! <ilist'rve that in Sir .J nlian raiun-efote's letter imdosed in your dispatirh it is stated
iliattlic secretary of stale I'or forei^jn allairs wishes to nrj;e ii|ion the Dominion (Jov-
1'niiiii'iit the j^reat importance of issuinjj stringent instructions to its ollicials not to
iiitirU'rc with any of tho]irivilej;csexi)ressly reserved toUniti-d States tishennen iin-
ilir Article 1 of the convention of 1818.

I trust that the explanutioiiH which I have already been abb) to give in reyard to
llu^ cases of these ves.solH will havosatislied you that tho facts disilostd do not show
liny iirccssity for th<< issnin;; of instructions other than those already circulated to the
liiial ollicials intrusted with tho execution of the customs as (ishery law.

Tliire is certainly no desire on tho jtart of my (3overnnient (nor, I believe, does tiie
cnmluct of the local onicialsjustify tin* assiimption that such a desire <!xists) to cur-
tail in any respect the ])rivile^cs enjoyed by United States lishermen in Canadian
watirs. It cannot on the other hand iie contended that because these privilcfjes exist,
ami aio adiiiitted by tho Governnumt of tho Dominion, those who enjoy them are to
ill! allowed immunity from the rejiulations to which all vessels resorting to Canadian
waters are without exception subjected iindor tho cuatoins act of 1883 and tho diller-
iiit titatiitos relating tho fisheries of tho Dominion.

Ill both of the cases under consideration there was a clear and undoubted violation
of till! law, and tho local ollicials would have bi-en culpable if they had omitted to
iiotici) it. That there was no animua on their part or on that of the Canadian Gov-
tmiiipiit is, I tliinlv, clearly proved by tho jiromptitude w ith which tho circumstances
wiTo iuvestigatcd and tho rcadineos shown to ovcrlool;. the ollense, and to remit tho
penalty iiicnrrcd, as soon as proof was forthcoming that tho oifenso had been nnin-
: tciitioiially committed. In support of this view 1 would draw your attention to the
letter (.see iiido.snro to uiy disjiatch of Si'.Mh November) of Mr. Phclan, tho consnl-
p'licral of the United States at Halifax, who has expressed his own satisfaction at tho
iictioiiof tluwuithoritics in the case of the " Pearl Nelson, "and who also refers to acom-
iimniealion received by him from the Deiiartment of State, in which it is stated that
■lieeoiuhict of the assistant commissioner of customs indealing with two other caries
"1 a Riumwhat similar complexion " shows u i)ropor Hpirit."
Ihave, &o.,

. ,-; . LANSDOWNE. r

'

i

!k;()

AMKUICAN FISIIKKIKS.

II CORRESPONDENCE BETWEEN THE DEPARTMENT OF statf

AND THE UNITED STATES LEGATION IN LONDON.

No. \K
Mr. liai/anl to Mr. I'lulps.

No. 158.]

SiK:

Depaetmknt of Statk,

WdHhintfton, Nonmbcr 12, im>.
* • I hav*^ already written you asking,' wlietlicr rioni (lu-
llritihli foreifjii ollicc you coiiIU obtain ii eopy of the report lirst iiiadc
by tlu^ otlieer in conuiianU of the (vanadian vessel by who.m the Nciioonor
David J. Adams was seized, and you will ju'reeive IVoiii the reply of
Mr. (iraliain, who represents the iJanadian (Joverninent in the Mill in
the vice-admiralty court at Halifax, that he declines to promise to pro
<luce thti rejjorta made by these ollieers at tiie tiiiM^ of tlic Kciziiic in
whieh the causes for such action would naturally b(! set forth.

in the course of your <rorresi)()n<lencc or conversation with Lord ]||
dles'.eijfh it mij^ht lu; well to draw his attention to the dillieiiltics tlinnvn
in tie way of the American llshermen in not beiu}; iieriiiitted toharii
the nature and extent of the offense with which they were cliarffcd, mid
so bo comi)elled to ;;o to trial without those certainties of iilli'pttioii
which are held in courts of justice to be incumbent upon flie chiiinaiit
beforti ho is entitled to recover in any suit.

It really ajtpears that this method of ('anadian procedure is iHlittliii;;
the important principles involved in the, international ipiestioii iiowiiii
dor consideration between the United {States and (Ireat JJritaiii.
I am, &c.,

T. F. JJAYAKI).

^/■. ■' . ' , ;'^^^-■;No. 10. ■/-,;■■•

* ' Mr. Phdits to Mr. Bayard.

No. 303.] TiEOATiON OF Tin: Unitkd States,

Jjondon, December .5, 18S(>. (Keceived December 11.)

SlE: Keferrinj; to your several instru(;ti(»n8 on the subject of the
Canadian fisheries, luimbered, respectively, 452 • • • i Imve the
lionor to inform you that on the L'Ttli November I addressed ii note to j
Lord Iddesleigh,"lh'r 3I;ijesty's secretary of state for ioivlan afliiirStj
inclosing a copy of your instructions, No. 452, relative to the case olf
"jNIarion (Irimes."

()u the .'JOth November I had an interview with his lonlsliip, in wli
the subject of the instruction above mentioned was discussed.

On the 2d December I addressed to him another note in piirsuiviiceot|
instruction No. 458, asking' that the solicitors for the owners of the flsli
in{.f vessel "David J. Adams" may be furnished, for use in tlK'suitcou
cerning that vessel now i)ending at Halifax, with copies of the oriuinal
reports mentioned in that instruction, showing the char^jes upon wlnca!
the soizura was origlmilly made. i v i

I have thi.s day received from Lord Iddesleigh a note, dated Novem-
ber ao, in reply to mine addressed to him ou the 11th of September last,^

AMEKICAN I'lSHKRIES.

961

MENT OF STATE
LONDON.

Statk,
ornuhcr 1-', IHSd.

; wln'tlu'r rniin the
o loport lirst iiiiulc
whoni tli«' NclKMiiicr

IVoin Uio ii'itlyof
iiuMit in tlic suit in
< to proiiii.sc to |»r(i-
Hi of tln^ sciziiro, ill
) set tortli.
ition witli Lord id-
odilUc-ulticstliruwii

IMTinitti'd tolcarii
y were cliiirfjctl, and
iiutii's «)1" iiUosiiti""
:, upon tlio (dainiaiit

oeednre is ludittlini;
ml <iuostioii now nil-
Irent 15iitaiii.

T. F. IJAYAUl).

iTKi) States,
veil Deccmbei' H-)
II the snbiect of the

* • • 1 have the

I uiUlressed a note to :
lor tbrei}jn afiairs, ^
tivetothecaseottliCj

,islor(lsliii>,iiiwliiclij

s (liscnsseil. L

• note in pnrsuanceot
i,e owners of till' li'Sli-
lor use in tlic suit con-
copies of the orisiua
e charges upon whicli

,. note, dated Novcm-
1th of September last,

oil ibe subject of the sjiine HshoricH, a copy of which has heretofore been
transmitted to yon.

And I have now Hent a note to Lord Iddesleigh acknowledging the
receipt of hiscoiumunication, and saying that I nliouhl at an early date
submit to him some considerations in ruply.

••••••'•■

1 ha\ «' the honor to inclose herewith copies of my notes above referred
to, dat< 1 November 27, December 2, and of Lord Iddesleigh's note of
November ;M).

I hav:, &c.,

E. J. PHELPS.

[IncloBure 1 hi Xo. 393. |

Mr. Phelpa to Lord Iddenleigh,

Lkoation of the Unitkd Statks,

London, Novfmher)i7, 188(5.
My Loud: I have tlie bouor to transmit herewith a copy of an iiistrnction, under
(late of Novoraluir 6, 1886, received by me from tiie Secretary of State of the United.
.stateH, relative to the case of the Unite<l States tishiug vcHsel the "Marion Grimes. "
The siiliject is so fully i)re8en.,cd in this document, a copy of which I am authorized
by tho Secretary to place in the hands of your lordship, that I can add nothing to
what is llierein wt forth, except to request your lordship's early attention to the case,
which appears to be a very flagrant violation of the rights secured to American tish-
ermen under the treaty of 181b.
I have, &c.,

C. J. PHELPS.

[Inolosure 2 ill No. 393.1
Mr. Pheljisto Lord Iddetleigh.

Lkoation of tub United States,

London, December 2, 188f).

My Loud: Referring to the conversation I had the honor to hold witli your lord-
ihip on the 30th November, relative to the request of my Government that the owners
of the " DavidJ. Adams" may be furnished with a copy of the original reports, stating
the charges on which that vessel was seized by the Canadian authorities, I desire
now to ]»lace before you in writing the groun<ls upon which this request is preferred.

It will he in the recollection of your lordship, from the ]irevious correspondence
relative to the case t)f the Adams, that the vessel was first taken i)088e8sion of for the
iilli'ged offense of having purchased a small quantity of bait within the port of Digby,
ill Nova Scotia, to be ustnl m lawful fishing. That later on a furt her charge was made
i^aiust the vessel of a violation of some custom-house regulation, which it is not
' liiiiueil, so fur as I can learn, was ever before insisted on in a similar case. I think
I liav(Miiude it clear in my not<* of the 2d of Juno last, addressed to Lord Rosebery,
then foreign secretary, that no act of the English or of the Canadian Parliament
existed at the time of this seizure which legally justified it on the ground of the pur-
ibaseof bait, even if such an act would have been authorized by the treaty of 1818.
And it is a natural and strong inference, as I have in that communication pointed out,
that tilt) charge of violation of custom-house regulations was an afterthought, brought
forward iu order to sustain proceedings commenced on a ditlcreut charge and found
untenable.

In the suit that is now going on in the admiralty court at Halifax, for the purpose
of coiuleiuning the vessel, still further charges have been added. And the Govern-
ment of Canada seek to avail themselves of a clause in the act of the Canadian Parlia-
ment of May 22, 18t)8, which is in these words : " In case a dispute arises as to whether
»Dy seizure has or has not been legally made or as to whether the person seizing was
or was not authorized to seize under this act * • • the burden of proving the
illegality of the seizure sLdll bo on the owner or claimant."

I cannot quote this provision without saying that it is, in my judgment, in viola-
tion of the principles of natural justice, as well as of those of the common law. That a

S. Ex. 113 61

9G2

AMERICAN FISHKRIKS.

iiiiiii Mlionld li< tliarnfd by jM»lln> «»r nxooutive oHirwrH with th« ciiiiiiiiJHMidi: nf n, t
li'iiHc iiikI tlu'ii li'< fiiiiili'iiuicd iijioti triiil iiiiIcnh Iip ran |)rov« liiiiiNi<lt' to lie imi,, .'
in » in'opimitioM that in iiu'C(iii|i»liliIo with tli< futi<luiiit>iital idt-i.M ii|iiiii \vl;i,|, ||m""|'
iiiiiiiHtriition of JuNti<'« inocfi'iln. lint it in Mni^rlit in Dh, |ii'i-s*'iil cam- to ciriA il
jiropimition niuch ruithiT, ami t«i hold tliat llm piirtv inniipatoil iiiiihI not „ulv lin'v
liiniscll innot'cnt (if tim oIViiim' on wiiirh hin v«'m«h'I wat* Hrizi-d, l>nt hIno ofaii ,„v '
» haiL'f H upon wlii<h it mixlit hav<- ln«-n m'i/otl that nniy Ih> altcrwardH limimlif c?
ward ami wl nit at tho trial. ' " ""'•

Cnm-civinn that if tin- i lanm- I havo (|uot«Ml from \\w act <.f IHOHcan havo ctlWt
(if alhiwcd an.v «lhct at all) only iijion tho clnirKtMiii wlii«li the vchhiI whm (irin
naily Koizcd, and that Hfi/nri> for onn otlcnMit cannot h«< n-j^ardcd as /(rima/doV ,,vi
dcncc of unilt of another, the connt<4>l for tlicttwrn-rM cd" the vckwc! have jipplied (ot||p
pioHccutinKolliccrHto hi' tnrniNlu'd witlia copy of the rcportH nnidc toih,. (i,.viriiin.nt
«>f Canada in connection with thn wizure of tlie vcmncI, either hy ('ii|iiaiii timti ih,.
MojziiiK tdlicer. «ir liy iImm oiiectorcdcnHtoniHat Dixliy, in order thai it iiii;;litiinkii'pwn
t«» the defendant and lie hliown on trial what tlie cliarncH are on wliicli tjitisti/un.
waN^ronmled, nn<l wliicii the defendant In recinired tudiNprovu. TliiMnumt rt'im(iimlil|.
rcfpicHt has lie»'n rcfuNcd l>y tlie proHcentin); oflieerH.

liider thcHo cin nnmtaiH'eN, I am iiiHtrncteil by my (Jovcrnnnnt tr) niinini of Her
Ma,ie^ly■K tiovernnieiit t hat t he mdicitoiH for the ownerN of the "ItaviilJ. Adiiiim" in
tho unit iien«lini{ in Halifax may he fnrniHhed, for the jmrpoHeH of the trial tlimof
with coplcH of tn« reportt* above mentioned. And I bej; to remind your lonlnliiiitbat
there it* no time to be loHt in uivinji? the pioper direction if it ia to he in wawmfor
tlie trial, which, uh 1 am iuforiiiml, ih bein); prvHovd.
I havu, &o.,

E. J. PHELPS.

[Iut:luiiure:i iu No. 3U3.]
The Earl of Iddetleigh to Mr. rhelp*.

FoKKiu.N Ofvick, yormhcr ;W, l(^.

Sir : I have given my careful conmderation to the c<mtcnt8 of tho note of thn lltli
September la«t, which you were uocmI enough to addrc8H to me in reply to iiiineofthe
l8t of the Hame month, on thi! HuTiject <if the North American liHlieritn.

The <iiie8tion, an yon are aware, haN for Mome time pa«t »'nj;ajied llie .icrioas atteii-
ti«>n of Her Majesty'.'* (iovernincnt, and the noten which have been u(ldrt!W<Ml to you
in relation to it, both by my iire«leceH«or and by hinmelf, have arnjily evinced the
earncMt <lcHire of Her MajeHty'n (tovernment to arrive at mime ecinitalile nettliiiit'utof
tho controvefHy. It Ih, therefore, with feelin^H of diappointnient that they do not
tind in your iiote under n-fily any indi<'ati<in of a wiNli on the part of your Ciovernnient
to enter upon nej{«)tiatioiiH bam'tl on the principle of niMtnal coiict H«i()ii.s, liut ralbtr
a BUgKeHtion that Home ad inlrrim coiiHtriiction of the teriuH of the exiNtiii^ treaty
Hhould, if jtoHHible, be reached, which minht for the present remove the cliuiict' ofdis-
jiutcH; iu fact, that Her Majcsty'stioveinment, in ordertoallay the (litltrciiieg which
nave arisen, slionld temporarily abandon the exercise of th<^ treaty rights uiiieli they
claim, an<l which they conceive to be indis])utable. For Her Mii.jesty's (iovfrnnieiil
are unable to perceive any ambiguity in the terms of Article 1 of the coiiveiitiouof
1818, nor have they as yet been informed in what respects the <(iii>tru(tioii placed
upon that instrument by the (iovernmeut of the I'nited States diflirs tniiu their own,
Iney would, therefore, 'b«' j^lad to learn in the first place whether the (invcrnmentof
> he United States contest that, by Article 1 of tho convention, I'nited .'Stales tlsber-
iiien are pmhibited from entering liritish North American bays or liarJMir.s on thosf
parts of the coast, refcned to in the second part of the article in (|ii<stioii, loi any
]»uri)oseH save those ot iihiUer, repairiuy damagt$,])firvhaniiiij wood, tnid vhl(niii«g >tnttr.

lieforc proceeding to make some observations upon the other points dealt with in
your note, I have the honor to state that I do not propose in the piescnt cdinuiniiica-
iit>n to refer to the casesof the schooners "Thomas F. Hayard " and "Mascot," to which
you allude.

The privileges manifestly secured to I'nited States lishernien by the ((inventumni
1818 in Newtoundlauil, Labrador, and the Magdalen Islanils are not contcmeil li}
Her Majesty's Government, who, whilst determined to uphold the rijjhts ot m
Majesty's North American subjects, as defined in the convention, are no 'chh anxioii*
and resolved to maintain iu their full integrity the facilities for prosecntiuj? '"^ '''"'■
ing industry on certain limited portions of the coast which are expreK,sly (irantea n
citizens of the United States. The communications on the subject ol Ihest twc
schooners, which I have requested Her Majesty's niiuister at Wushiugtou toafWress

AMERICAN riHlIEKIKH.

DGa

E. J. PHELPS.

to Mr. Ilii.viinl, paniiot, ! tliiiik, lniv.< fnihtl in utri.rJ ti) your Govtirnmciit MitiMfuctory
iMiKuriinit'." ill tliiH r«M|iiH!t.

H,.vtitiii« now to your iu>t« under roplv, I !•••« to oiler tlio following olmi-rvatioim
mi iiHcoiilfiitM:

III tho lir.st plac««, yoM tako rM-ciitiou to my itr.Mlt)(M<HMor IniviiiK deoliiu-il to diHcnim
il„. dim' of till' " DavidJ. Adiini.H/' on llio ground that it. wuHHfill ««fcj(«//Vf, and yoa
.tiilc lliiit .voiir (iovm-nuiont aro unaldo to accodo t(»Mi)t propoHitidu ronlaini'd in :uy
note i>f tilt* iHt of Hi>|it«'uiln'r hiHt, to tho t-flrct that •' it is cicarly light, according
iii|ii;utiti' iind pn><-mlt<nt, that Huch diidoniatic action Hhoiild l>o NiiHpcndcd pending
ihiriniiplction of tiio judicial inquiry.

Ill rcjiiird to tiiiH point, it in to ho ri*nuMnh<r(>d thrt thonutrc three qucHtionNcalliug
ioririvrMti),'!iti»u in tho caMo of tlie " David J. AdaniH-."

(1) Wliut were tlie actH conuuittcd wliicli h-d to tht^ seizure of tho vchhcI 1

\i) \Vu8 her Heiznre for micii actH warranted by any exiNting lawH?

CI) If HO, are those laWH in denigation < f tho treaty rightH of th(< United Htatost

It i,s cvidei't that the tIrHt two questions must bo the subject of in<|uiry tieforo the
ihini (all lie profitably iliscnssed, and tiiat thos(< two quesiions can only be satisfao-
idiily fliHpoHcd of by a judicial iiMiiiiry. Far from (claiming that the lluited .states
(lovi'iiimi'iit would Im< bound liy the ouistriictioii wliicii the Krilish tribunals might
]ilu(f on liie treaty, I stated in my note of the Ist Sejilember that if that decision
NboiiUl lie adverso to tho views of yourtJovernnufut it would not preclude further dis-
rimsion between tho two (^)vorinuontH and tho »lj\!stii 'ut of the question liy diplo-
imiiio lid ion.

I may further remark that tho very proposition advanced in my uote of tho Ist of
S(|itt'iiilier last, and t<» which oxception is taken in your reply, hits, cm a previous oc-
(iihkiii, been distinctly asserted by tho Government <^f tho United States under pre-
.isi'lyHJiiiiia!- circumstances, that is to say, in 1h70, in relation to thewizuroof Amor-
1 an lisliing vessels in Canadian waters for alleged violation of the convention of

Ill ii (lispfitcli of the 21)th of October, 1870, to Mr. W. A. Dart, United States consul-
Cincriil at Montreal (which is printed at pago 4:tl of the volume for that year of the
I'oiiifiu Relations of tho Unite*! States, and which formed part of tho correspondence
rclVmd to i>y Mr. liayard in his note to Sir L. West of tho 20th of May last), Mr.
Fish ixiiressed himself as follows ; .

"It i.s the diityof the owners of tho vessels to <lel'end their interests before tho courts
lit tlit'ir own expense, and without special as.sistanco from the (jlovornment at this
■ii^'LMifail'airs. It is for tho8«3 tribunals to construe tho statutes under which they
m. If the construction they adopt shall appear to bo in contraventiou of our treat-
's with Great Itritain, or to bo (which cannot be anticipated) plainly erroneous in a
iiscmlniitting of no reasonable doubt, it will then becimio the duty of the Govern-
iiiiit— adiity which it will not be slow to discharge — to avail itself of all necessary
mcaiiH for obtaining redress."

llcr Majesty's (government, therefore, still adhere to their view that any diplomatic
iliscusHioii as to the legality of the seizure of tho "David J. Adams" would be prema-
ture nutil the case has been judicially decided.

It is further Boated in your note that "tho abstMico of any statute authorizing pro-
teediufjH or providing a penalty against American fishing vessels for purchasing bait
urmipiilitH ill a Canadian port to be used in lawful fishing" atlords " the most satis-
factory evidence that up to tho time of tho present controversy no such < onstructiou
has been given to tho treaty by the British or by tho colonial parliament vh is now
sought to ho maintained."

Her Majesty's Government are quite unable to accede to this view, nnu I must ox-

l>re88 my regret that no reply has yet been received, from your Government to tho

|argiinit!ut.son this and all tho other points in controversy; which are contained iu

I the able and elaborate report (as you courteously describe it) of tho Canadian miu-

l isttT ot marine and fisheries, of which my predecessor coinniuuicate«l to you a copy.

In that rejiort '•eference is mwlo to tho argument of Mr. Kayard, drawn from the

filet that the pro )08al of the British negotiators of tho convention of 1818, to the ef-

itPt that Aiiiericai: tishing vessels shoultl carry no merchandise, was rejected by tho

I Amwicau negotiators; and it is shown that the above proposal had no application

[to Aniciican veswds resorting t«) tho Canadian coasts, but only to those exercising the

U'ght of inshore fishing and of landing f )r the drying and ciiring of lish on parts of

tk coasts of Newfoundland and Labratlor.

I , *»« r^'I'I"''' "" ^1'" other hand, shows that the United States negotiators proposed
n lat theright of "procuring bait" should be added to tho enumeration of the four
l«»jc'ctH for which tho United States fishing vessels might be allowed to enter Canadian
lti'!'f'"^? ' ""'^ ^''"'^ ""'■'' proposal was rejected by the British negotiators, thus showing
I Hat there could be no doubt iu the minds of either party at the time that tho " pro-
l^uringot bait" was prohibited by the terms of tlie article. The report, moreover,
rj'™'? the imjiortant fact that the United States Government admitted, in tho case
j'Humitted by them before the Halifax Commission in 1877, that neither the conven-

1 1

;

m

9fi4

AMERICAN FISHERIES.

tion of 1818 iior th«* treaty of Wjwliinfjtini confnrrwrt any rijilit or privilojrH of trai'in
on Aniprioau fisluMiiH'ii ; that th»» " varioim incidtMital and recipnxjil adviViifngesof
the treaty, hik 'i an the privileKen of traffle, pi!reliaHi!iK I'liit and other supplies am not
the snbjert of compensation, het-anse tlie treaty of Washington •onft'is iKiMncliriuhtt
on the inhuhitantH of tlie United States, who !U»w enjoy them nierily l)y snlferaiii"-
and wlio tmu at any tinia he <h'prived of them." '

ThiH .iew \vaMeonrtrnie<l !iy the rnlin>;of theeommiMionern. Whilst I Imvd felt mr.
self '»onnd to phiee t lie preeedinjij observatiouH before y>n in reply to I he aiKiiiiu'iits con-
tained in your noU\ 1 bejj leave t«> nay that Her Majesty's (lovemuient would willini'lv
have left sneh pointH o( technieal (letail and eonstrnction for the eonHideriitioiiut a
cnmiuis8'on pi-operly eonstitnted to examine them, as well as to sut^jicst a niciins fnr
either modifyinjj tiieir application or snlmtitntinji for ihem sonie Kewlirranjjeiiieutof
anuitnally siitisfactory natnnv

I j^alher, however, froiuyonrnote that, in thoo])inionof .your Government, altliougli
a revision of treaty stipahitiouH on the biwis of mntual conciwsions was desired bvtht
Uuite<l States Iwforo tho present disputes arose, yet the pr;'8ent time is iiioi)portnnt>
for varions reasons, amon>x whieli yon mention tlie irritation crciited iu the United
States J»y the belief that the action of tho Canadian tJovcnnnent has hud for its ob-
ject to foroo a new treaty on yonr Government.

Her M«josty '8 Government learn with niach regret that sneh an impression shonld
pre"ail, for every ©Ifort has been made by the Canadian Governiuent to promote n
friendly negotiation and to obviate the dilfurenceH which have now ariseu. Indeed.
it is hardly necessary to remind you that, for six months following tho denunciation
by yonr Government of tho tishery articles of the treaty of WaHliingtou, the North
Aaierieau lisheries were thrown open to citizens of the United States without any
t^quivalent, in tho expectation that the American Government would show their will-
inguess tu treat the (pustion in a similar spirit oi' amity and good will.

Her Majesty's Government cannot but express a hope that the whole correspond-
euce may be laid immediately before Congress, as they believe that its penisnlwonla
iuduence public opinion iu tho United States in favor of negotiating, hi'fore the coai-
mencenieut of tho next tishing season, aii arrangement based on mutual coneessions,
and which would therefore (t« nse the language of yonr note) " consist with thedij;
uity, tho interesta, and the friendly relations of the two countiies."

lier MfijcHty's Government cuanot yonceivethat negotiations conimoueed with siicli
an object and in such a spirit could fail to be succeiwfnl: and they trust, therefore,
that yonr Gi'vruiiment will endeavor to obtain from Congress, which i»ai>out Iua»-
seroble, the necessary jiowers to enable them to make to Her Majesty's Government
some detinite proposals for tlie :iegotiation cf a mutual 'y advantageous arranfjeinent.
I liavfl, Slc,

IDDESLKlCiH.

I Inc'Io«uro 4 in Xo. 3S3.1
Mr. Phelps to Lord TMeiikigh,

Lk«»ATIOX of THK rsITKI) STATES,

London, J)mmber'^, it*S6.

My Lohij: I have the honor to acknowledge the receipt of your note of tbe30tli
November on tho subject of the Canadian tisheries, and to say that 1 shall at au early
day submit to your lordship some considerations in reply.

I have, &o.,

E. J. PHELPS,

No. 11.
Mr. liayard to Mr. Phelps.

No. 4G0.J

Department of State,
Washington December '., l»w.

Sir: I inclo8« herewith, for your iufonnation, a copy ot my meo(
the l8t instant to Sir Lionel West, her Britannic Majesty's iu'"'J« J
this capital, concerning the treatment by the Canadian autnomifs
the American fishing schooner "Molly Adams," of Gloucester, Mass.

i an*. &<'•» T. F. bAYAKD.

?! '!!

AMERICAN FISHERIES. 965

No. 12. ' ■■■■'^^■■'-: - "•-■■\-':,- ^ ,■:;•■;!:;->., W,
Mr. B<^ yard to Mr. Phelps.

>'o. 470.] Department of State,

Washington, December i>, 1886.
Sir: With reference to instrnction No. 400, of the 7th instant, con-
eei'uiiifr the case of the American flshinjr schooner " Molly Adams," I now
transmit to you herewith, for your further information, a copy of the let-
terof Mr. Solcmon Jacobs, of the 12th ultimo, in which the matter was
brought to the attention of the J>ei)artment.
J am, &rQ.^

T. F. BAYAED.

"So. 13.

Mr. Bayard to i\lr. Phelps.

Xo. 472.J

Department of State,

Washington, December 8, 188C.

Sir : My attention has just been drawn to a notice published by the
British Government in London in relation to the exercise of fishing
rigbtH in common with France.

It occurs to me that it may be pertinent to the consideration of the
(|iiestioiis discussed in the modus virendi, in relation to the British North
American fisheries, lately forwarded to you by this Department.

The publication no doubt can readily be procured in London. It is
issued in i)amphlet form.
I am. &c.

T. F. BAYAED.

.1

?i

- !

[iDclnaure in Mo. 47'.:.]
Further iiolice to Briiinh figlwrtiitu with respect to the exclusive fishery limits of France,

The French Governuuiut have intimated to Her Majesty's Government that the re-
cent detention of English oyster suiacks which entered Havre to pass Suiuhiy thei'o
in fint weather, was effected by the niaritiine anthority at that port lor an intractioii
of Articles LXXXVand LXXXVIof tho International Fishery Kogulations of May*.J4,
1843, and that the minister of marine in I'aris, on learning the circumstauces, directed
that the snifuks should be imme«liately released, in consequence of f'o toleration
which has for a long time existed in the United Kingdom and France as regards not
enforcing the strict observance of these articles.

The French Government have given special instructions for preventing 't rocurrenco
of like circumstances, without a preliminary reference on the part of the authority at
the port to the ministry of marine.

Tho French Government, bavd further intimated that, in the event of their finding
that the maintenance of the existing toleration tt'V^s rise to inconvenience, notice will
he given to Her Majesty's Government, so as to allow of the latter issuing timely warn-
ing to British fishermen. (The Board of Trade Joarnai, vol. 1, No. 4, p. 146, 1886,
London.)

966

AMERICAN FISHERIES.

No. i4.

Mr. Bayard to Mr. Phelps.

No. 474.J

Dei'autme?t of State,

Watihington, .December 13, 188G.

Sir: On the 8th instant I received from the British minister at this
capital a oonununicatioii dated the 7th of this month, accoinpauied bv
a copy of th<» minutes of the honorably privy council of (Januda, in re-
lation to the action of Captain Quijjley, of the Canadian cutter "Terror,"
in lowerinj^ the tlaj; of the United Spates tishiu},' schooner "Miirion
Grimes" whilst undt'r detention by the customs authoriciesin Shelbiirne
harbor, on the 11th of October last.

As tliis o»!Currence had been made the subject of an instruction to
you by mc, on the 0th idtimo, whereby you were requested to briugtlie
incident to the attention of Her Majesty's Governuicnt, I hasten to in
form you of the voluntary action of the Canadian (lovernnu'nt, andof
their expression ot regret for the action of the officer referred to.

The copy of the correspondence ami ] "roceediugs of the Canadimi
authorities discloses the dates of their action in the i remises, of wliicli,
hovevcr, ujy earliest information was on the 8th instant, in the note of
Sir Lionel ^Vest, a copy of which is herewith sent to you.
I am, &c.,

T. F. BAYAKD.

No. 410.J

No. 15.

Mr. Phelps to Mr. Bayard.

Lkgation of the United States.
London., January 13, 1887. (Keceived .lamiary L'4.)
Sir : llefcrrinjf to your instructions numbered 4/50 of October 29 and ;
458 of November 12, and also to my dispatch numbeir.l ;U).'5(if Decem-
ber .'5, I have the honor to inclose lierewith the copy of a note wiiicbl
have just re<;eived fn)m the Earl of Iddesleijrh in reply to tnineot l)e
cember L' to his lordship, askinj^ that theownersof the " J )avi(lJ. Adams''
be furnished with eoj)ies of the orifjinal reports stating; thecliajjesoD
whidi that vessel was seized by the Canadian authorities. A copy of J
the hitter note forujed inelosure to my disjjatch No. 3!).'i albresaid.

Y<»u will observe that Her Majesty's (lovernment have not seen lit to|
interfere in the matter.
1 have, &c.,

I InnloMire in So. 416. ]

FoUEKJN Ofkick, Jaimnj W, l?^"''
8m: HtM-Maj.;,stv'H«ovornmpjt hav«r<.ii8ideredtlu<requ«'Htcoiitaiii(Mlinyniiri)otflj

of th« *2d iiltitiio, to th« »^f^(:t that th« owners of tlie "Duvid .1. A'liii'i'! '";'>'" 'j
nishJMl witli ropi.'M of tli«< origiiml roi>oftH HtatitiK tlio charnenon ^^ ''''''';"'" J
was seized l.y tlu^ Cuuailiuu aiitlioriti.-» ; and I have now tbe hon.-r htntaa i '^^
that If the <.wit.«r^of tliin vi-H«fl ar»* U-gaUy entitlod tobol'nriiiNhed ^^'•"'"'''.' ,,'i J
thcv r.au ol>tniii tli.'iii h\ the protewj of the courts; and th.-ro HcfiiiN "'> l; '"' '
tbe'iuterferpuc« of HurMa)estv'»Governu.eut with the ordinary course oijumr ■

AMERICAN FISHERIEfl.

9G7

Ah ri'fiarda the meaim of ohtiiiiiing iiiforniation for tho purposes of the defense, I
woul(' i)oiiit out that in thf rojtort of tlio Ciiuuviian minister of niarino and fishery,
of wliii'Ii a copy was couiniunicated to you on the a:5d July lust, it is stated that from

a (late ininiodiately after the seizure "there was not the sli<j[hlest ditliculty in
United States conrtul-fjeneral, and those interested in the vessel, obtaining the fu:

the

- , , )taining the fullest

information," and that, " apart from the general knowledge of the offenses which it
was claimed tho master had committed, and which was furnished at the time of tho
seizure, ihe most technical and precise details were readily obtainable at the registry
of the court, and frcm the solicitors of tlie Crown."

With respect to the state.nent in your note that a (dauae in the Canadian act of
May 2*2, IHtiri, to the effect thi;t, "In case a disiuito arises as to whetlier any seizure
baser has not been legally nuide, or as to whether the person seizii.g was or" was not
authorized to seize under this act, the burden of juoving the illegality of tl-a seizure
nhall be on the owner or claimant," is in violalionof the luinciples of national justice,
as well as of those of tiie couuuon law, I have to observe that the statute referred to
ic cap. 01 of 1808, which provides for the issue of licenses to foreign lishing vessels,
and for the forfeiture of such vessels tishing without a license; and tliat the provis-
ions of Article 10, to which you take exception, are commonly found in laws against
smustgling, and are based on the rule of law that a man who jdeads that he holds a
license or other similar document shall be put to tho i)roof of his plea ami lequirod to
produce the document.

I beg leave to add that tho provisions of that statute, so far as they relate to the
Issue of licenses, has been in operation since the yent 1870.
I have, «&c.,

IDDESLEIGH.

T. F. BAYAliD,

No. 16.

■ I Mr. Bayard to Mr. Phelps,

Xo. 520.] Department op State,

Washington, January 27, 1887.

Sir: Your dispatch No. 416, of tho 12th iu.stjint, transmitting a copy
of tbo note, dated the 11th, received by you from the hite Lord Iddee-
leigh, in response to your note of December 2, 1886, requesting copies
ol'tbe papers in the case of the "L)avi<l .T. Adams," has been received.

The conchiding i)art of Lord Iddesleigh's note seems to demand at-
teutiou, inasmuch as the argument employed to justify the provisions of
Article 10 of the Canadian Statutes, caj), 61 of 1868, which throw on
the claimant the burde.i of proving the illegality of a seizure, appears
to rest ui)on tho continued operation of Article 1 of that statute, rela-
tive to the issue of licenses to foreign fishing vessels. Tho note in ques-
tion stiites "that the i)rovisions of that statute, so far as they relate
to the issue of licenses, has [have?] been in operation since the year
1870."

It appears from tho eorrespontlence exchanged in 1870 between this
Bcpartment and ller Majesty's minister in Wasnington (see the vol-
ume of lM)reign Kelations, 1870, i)p. 407-411) that on the 8th of Janu-
ary, 1870, an order in council of the Canadian Government decreed
"that the system of granting flshifig license to foreign vesvsels under
the act ;U Vic, cap. 61, be discontinued, a.id that henceforth all foreign
tishennen he prevented from fishing in the waters of Canada."

During the continuance of the tishery articles of the treaty of Wash-
iiiKtoii ("anatlian lishing licenses were not required for fishermen of t'le
United litates, and since the termination of those artit les, July 1, 1885,
this Departmcjnt has not been advised of the resumption of the Ucens-
mfr system under the statute aforesaid.

968

AMRRICAN FISHEUIKS.

The faulty coiiHtruction of tbe last paiaf^iapli of Lord Iddcskini,'^
note, as transniitted with your No. 4l(), sugjfests the possiUilJiy of,,
clerical error in the preparation or transcription of that note, anil that
it luay liave been intended to state that the licensing provisions of the
Statute, <'ap. 61, 186S, " have not been in operation since 1870," butiu
that case It i» not easy to apply the argnnient advanced.

I am, &c.,

T. F. IJAYAKD.

No. 17.

Mr. Phelps to Mr. Bayard.

No. 42.*?.

Legation of the United States,
London, January 27, 1887. (Received February 7.)
Sill : I have the honor to transmi*^^ herewith a copy of . uote ad-
dressed to me by Lord Iddesleigh, secretary of state for fort»i;.ni all'airs,
dated December 10, 188().

Also a copy of a note addressed to me by Sir Julian l*aiiuiefote,
acting secretary of foreign attairs during a vacancy in that ollice, dated
January 14, 1887.

Also a copy of a note addressed by me to Lord Salisbury, secretary
of state for foreign alfairs, dated January 20, 1887.
All on the subject of the Canadian fisheries.
I am to have an interview with Lord Salisbury by appointnipiit to-
morrow in reference to the same subject.

• ••••••

I have, &c.,

E. J. PHELPS.

iff

[iDclosa > linNa423.]
Lord Jddesleigh to Mr. Phelps.

FoRKlQN Offick, iJecemhcr 10, iNiC.

Sir: I hav« the honor to ackiiowledno the receipt of your uoto of tlm 27tli ultimo
rehitivc to the case of the "Marion Griuies," stated to have been fnied and detained at
Hhelburne, Nova Scotia, in October last.

Ah other cases bi'sides that of tiie "Marion Oriuios" are albided to in tliedocnnipnts
forwunhul in your uot<o, it will be desirable to take each cane Hcpunitely, and intoriu
you shortly ot the 8t«4)8 which Her Majesty's Goverunient have taken in regard to
theni.

In rcjijHjct to theoaseof the "Marion Grimes," I have already reeeiviMl. tlir(iiij;lillir
Majesty's secretary of state for the coloides, a copy of a dispatch from tlie Ddininiim
Governiuent, in which tlie> express their rejjret at tin u tion laiien by I'aptaiii
Qui«ley in hauling «lown the IJnited States tlajf. 1 have transmitted ii -oin ol tbiit
dispatch to Her Majesty's uiiuister at W*hiiigton, with instructions l« eoiuuiniiicatfi
it to Mr. Hayurd, and Ibeg leu •« to now inclose a copy of it tor your inloiinatinii.

Her Majesty's Governrnant cannot doubi that, as respects the incident "' t leUag,
the apology thus spontaneously tendered l)y the Canadian Govenmient wdl '»; ?'•
cepte<l by the United 8Utes G()vernnieut in the friendly and couciliatorv "i«i;"'*""!"
in which it is oflered, whilst as regards the other statements eoneernnij; laptan
Quigley's conduct, Her Majesty's Goverumeut do not at present feel themselves in. i
position to express anv opinion. , •

The Dounnion Government have been n»que«ted to funush a lull '■<'l»«>"*)n'"«^ ]»'''
ouH circamstauces alleged, and when this is reccive<l I shall have the honor to adnres.
a fnrtlier coiumunication to you upon the subject.

AMERICAN FISHERIES.

969

T. F. I'.AYAKD.

■y by appoiiituipiit to-

E. J. rUELPS.

As concerns the ca»e of the "Juliii Ellen" and "Shiloh," it will probably snffice to
commuuioato to yoir the indoHed copies of reports from the Canadian Government rela-
tive to tlicHo two vessels. These reports have already been sent to Her Majesty's
iniiiiHter jit Washington for communication to Mr. Bayard.

The protest made t)y the United States Government in the case of the "Everett
Steele" was not reouivetl in this country until the Ist ultimo; and although the
Canadiiin tioverument have been re([uested by telegraph to furnish a report upon the
(iiTuumtiiiices alleged, sutlicient time hasnot yet elapsed to enable Htr Majesty's
iiivtruuiMit to be in possession of the facts as reported by the Dominion Government.

Her Majesty's Government greatly regret that incidents of the description alluded
toslidiild occlir, and they can only renew the assurance conveyed to you in my note
(it the UOtli ultiuio, that whilst firmly resolved to uphold the undoubted treaty rights
of Her Miijesty's North American subjects in regard to the fisheries, they will also
.(|Uttlly iiuiintain tho undoubted rights of United btates lishermen to obtain shelter in
lauadian ports, under .aoh restrictions as may be necessary to prevent their abusing
ilieiuivilegcs reserved to them by treaty.

Iiioticn that in Mr. Bayard's note to you of tho 6th ultimo, ooncerning the case of
the "Marion Grimes, ' an<l also in his note to Sir L. West of the 19th October last,
nlative to the case of the "Everett Steele," an old discussion is revived which Her
JlajeHty's Govoinment had hoped was linally disposed of by tho correspondence which
luok piuoe on the subject in 1815 and 181G.

I allude to the argument that a right to the common enjoyment of the fisheries by
(ireat Britain au ' ♦P" United States, after the separation of the latter from the mother
miiiitry, was recog " by the treaty of 1783, although the exercise of that right wa»
uiiide «iibject to otrtaiu restrictions. I refer to this point merely to observe that the
views of Her Majesty's Govornrcent in rplation to it have not brien modified in any
way since the date of Lord Bathurst's note of the 30th of October, 1815, to Mr. J oho
Quiucj Ai',am8.
I have, &c.

, IDDESLEIGH.

[Indodure 2 in No. 423.1

Foreign Office, January 14, 1887.

Sir: With reference to my predecessor's note of the 30th of November last, I have
i the honor to trausmit to you a copy of a report from the Canadian minister of justice
' upon the seizure of the American fishing vessel '* David J. Adams."

I have forwarded a copy of this report to Her Majesty's minister at Washington for
cummunication to the United States Government.
I have the honor, &c.,

J. PAUNCEFOTE,
(For the Secretary of State.)

(InclosureS inNa423.1 ■ ■

Lkqation of the United States,

London, January 26, 1887.

My Lord: Various circumstances have rer.'iered inconvenient an earlier .-eply to
ELord Iddt'sleigh's note of November 12 on the subject of the North American fisheries,
land the termination of the fishing season has [)08tponed the more immodiatie necessity
I of the discussion; l)ut it seems now very important that before tho commencement of
rattother season a distinct undHPstauding shoald bo reached betwe«in tho Unitevl States
|Gnvernment»and that of Her Majesty relative to the (lourse to be pursued by tho Ca-
[nadian uuthoritics towards American vessels.

I It U not without surprise that 1 have read Lord Iddesleigh's remark, in the note
labove mentioned, referring to the treaty of 1818, that Her Majesty's Government
["have not as j'et been informed in what respect the construction placed upon that
[mstriiineut by the Government of the Unit«'d States difiers from their own."
r Had his lordship perused more attentively my not* to his predecessor in oftice, Lord
[Rosehery, under date of June 2, 1886, to which reference was made in my note to
jLordldilesleigh of September 11, 1886, I think he could not hav« failed to apprehend
Idistuict'y tho constrn-jtion of that treaty for which the United States Government
jcontends and the reasons and arguments upon wiiich it is founded.
I I have iifjain respectfully to refer your lordship to my note to Lord Rosobery of
June',!, 18-6, for a very full and, I hope, clear exivositiou of the ground t^keu by the

.'t

115

1)70

AMERICAN FISHERIES.

UiiiUul Statos Oovernnietit ftti tli»t point. It is nnneoessary to repent it, and I am
uniiblo to add to it.

Ill reply to the olmorvfit ions in my note to Lord Iddt'sloiph of Hpptoniber 11 \m
on tho point, wlu'thor hucU discnuMion HJioiild bo HUHptiiulod m tlioso ouhck until there'
Hult of tho jiidiciivl procoedinj^H in roaptu-t to thoin Hhoiild ho nmdo known, a nronoiii!
tion to whicli, an I Htatod in that noto, tho United StatoM(tovoriimtMit Isiiiiabliuoao'
cede, hJH lordnhip citoH in Knpi>ort of it homio hin^naKO of Mr. FIhIi, w lien Secretary of
Stato of tho llnitod Statos, addroHHod to thoUnitod StatoHconHnl-^eneralat Montrfal
in May, 1H70. From th»i viow then oxpresse*! I)y Mr. FJHh the Uiiitod States Guw.n.
mont ua» neither diHpoHition nor occasion to dissent. Hut it cannot nx'ard It as in
any way ap)>licah]e to tlio prenent case.

it is true Iteyond tpiestion that when a private vessel is seized for an allci^ed infraction
of tho lawM of tho conntry in which ti>e seizure takes place, and the lactof tlie infrac-
tion, or the exact legal construction of tho local statnto claimed to be tranNnrftssed is
in disi)ute, and is in process of determination by tho proper tril)unal. the UKVemment
to whicli the vessel boloiifts will not usually interfere in ailvance of such dclcnnina-
tion and before aciiuiring the information on which it depends. And CMpr-ciallv when
it is not yet inforiue<l whether the conduct of the officer making the sfiziire will not
be re|>udiated by the fJovernment under which he acts, so that interfen'iicowillbe
unnecessary. Tliis is all, in etl'ect, that wa- said by Mr. Fish on (hat occasion. In
HngnaKo iinniediately folluwiu); that quoted by Lord Iddcsloigh he remarks as fol-
lows (itali«'s being minnU

" Tho present embarrassment is that while we have reports of several seizures upon
|{ronnds an stated hji the interested parties, which seem to be in contravention of iutonia-
tional law iuid special treaties reilatinjj; to the lisheries, these a//»'f/<(f caawsufscizare
are regarded as pretensions of over zealous titticers of the Hritish navy and the colo-
nial vessels, which will, as we hojie and are bound in courtesy to ex]H'(t. Iit> repndi.
ated by the courts, before which our vessels are to b»i brought for adjudication.'

Hut in the present case the facts constituting the alleged infraction by the
seized are not in disimfe. except some circumstances of aTlegcd aggravatiminot ma-
terial to tho vi.lidity of the seiz.ire. The original ground of the .sciv.ure wan the pni-
chase by the master of tho vessel of a small quantity of bait from an iuhaliitantof j
Nova Scotia, to be used in lawful tishing. This purchase is not denied by the owners
of tho vessel, and tho United States Oo\ eminent insists, Jirst, that such an act it not
in viidation of the treaty of 1H18, and second, that no then oxi.sting statute in Great
Britain ; r Canada authorized any proceedings aganst the vessel for such an act, even
if it conld be regarded as in violation of tho terms of the treaty, ami no .such statute j
has been as yet produced.

In respect to tho charge subseiiuently brought against tho Adams, and upon which
many other v( sstds have been seized, that of a technical violation of the cnstonisact,
in «)initting to report at tho custom-house, though having no bnniness at theiwrnand
in some instiiiices where the vessel seized was not within several inilf- of the lauding),
tho United States Government claim, while not admitting that the onii.ssion to report
was oven a technical transgression of the act, that even if il .veiv, no Iiarm liiiving
been done or intended, the jirocoedings against the ves.selsfor an in.vdvertencentthat
sort were in a high degree harsh, unreasmiable and unfriendly, espcci.illy as lor many
years no smli «'rt'ect has been given to the act in respect to th<^ tishing veiisels, and no |
previon.s no* ice of a change in Its construction has l>een promulgated.

It m'onis ai>par««it, therefore, that tho cases in (luestion, as tlioy aro to be consm-
ered between thi« two (iovernments, priAsent no points uiiou which tho decision of tne I
courts of Nova Scotia need be awaited or would be material. i uli 1

Nor is it aiiv longer open to the United States (iovermnent to anticipate that lae
acts ctiinplainVd (ff will (as sai<l by Mr. Fish in the dispatch aiiove fiuote( ) berepn-
dialed as the "i)retensionsof oveizealons oOicersof the • • • ndtuual veiaeii. J
because thev have Iteen so many times n-peated as to constitute a ''^'K"''"'^- ,,'",,!
procedure, have been directed and approve<l V»y the Canadian Govermueut.auiina I
been in n«) wise disapproved or n-straine<l by llor Majesty's Government, thougu j
peatedlv and earnesth; j>rotested against on the part of the United .Slates.

It is therefore to Her Majesty's C.overnnient alone that the United ^''''''*' |''";,yj
nient can look for considoration and redress. It cannot couwMit to .'"^"""f"' '' j^j. I
or Indirectly, a party to the proceedings complained of, nor to await y"'"'', .j,|, !
tion before tho (|tiostions involved between the two Governinentrt .shall Dt' "''''"^j^^jj'
Those questions appear to the United States Government to slaixl upon '."«'"'' 8 ' j
and to be deti-rinined, in large part, at least, njion verv ilirterent '^""•'J!''''''f ' "' .jon
those ujion which the courts of Nova Scotia must proceed in the pendiuf? ''"'^. ,„„,

Lord Iddesleigh, in the noto above referred to, proceeds to express ''^V '' ,,„!
repiv has yet been received from the Ignited States Government to tbe »^v "' f^j.)
all the points in controversy contained in the report of the Cauadiau luiuisit
rine and lisheries, of which' Lord Kosebeiy had sent mo a copy.

AMERICAN FISHERIES.

971

ry to rt'pput it, and I am

' Inawmich as Lord Id«h>Hlpijjli and his prodocessor, Lord Roaebery, have declined
altogfthor, on tlio i)art of 1 lor MnjoHty's Oovernmont, to discuss these qneations until
the ciiWH in which they urine Hhall have been judicially decided, aud as the very
elaborate arguments on tlie Hubject i)reviou8ly subinitted by the United States Gov-
ernment, rojuain, therefore without reply it is not easy to jierceivo why further dis-
cusMion of it on the j)*rr, of the United States shouhl bo expected. So soon as Her
Majesty's Government consent to enter upon the consideration of the points involved,
any BiiKgestitms it may advance will receivf- immediate and respectful attention on
the part of the United States. Till then further argument on that side would seem
to be neither consistent nor proper.

Still h'ss can the United States Government consent to be drawn, at any time, into
a (lisciission of the subject wiiii the colonial Government of Canada. The treaty in
(inestion, and all the international relations arising out of it, exist, only between the
Governments of the United States and of Great Ihitain, and between those Govern-
lucntsouly can they be dealt with. If, in entering upon that consideration of the
subject wiiich the United States have insisted upon, the arguments contained in the
report of the Canadian minister should bo advanced by Her Majesty's Government,
I (IcMiot conceive that they will bo found difficult to answer.

Two suggestions contaiiwd in that report are, however, specially noticed by Lord
Iddesleigh, as being " in reply " to the arguments contained in my note. In quot-
iugtho substance of tho contentions of the Canadian minister on the particular points
referred to, I do not understand his lordship to depart from tho conclusion of Her
Majesty's Government he had previously announced, declining to cuter upon the dia-
cusflioii of the cases in which the questions arise. He presents the observations of
the report only as those of tho Canadian minister made in the argument of points
upon which Her Majesty's Government decline at present to enter.

1 do not, therefore, feel called upon to make any answer to these suggestions ; and
more especially as it seems obvious that the subject cannot usefully be discussed
upon one or two suggestions ap])ertaining to it, and considered by themselves alone.
While those mentioned by Lord Iddesleigh have undoubtedly their i)Iaco in the gen-
eral argument, it will bo seeti that they leave quite untouched most of the propositions
and reasoning set forth in my note to Lord Rosebery above mentioned. It appears
III nie that the question cannot be satisfa(;torily treated aside from tho cases in which
they arise, and that when discussed the whole subject must be gone into in its entirety.

Tho I'nited States Government is not able to concur in the favorable view taken
by Lord Iddesleigh of tho elforts of the Canadian Government "to promote a friendly
negotiation." Tnat the conduct of that Government has been directed to obtaining
a revision of the existing treaty 'S not to bo doubted ; but its efforts have been of such
aiharacteras to preclude tho ])rospei't of a successful negotiation so long as they con-
tinue, and seriously to endanger the friendly relations between the United States aud
Great Britain.

Asi(li> from the question as to the right of American vessels to purchase bait in
Canadian ports, such a construction has been given to the tn^aty between theUuited
States inul Great Britain as amounts virtually to a declaration of almost complets
nou-intcrcourse with .\mericau vessels. The usual comity between friendly nations
has been refused in their case, aii.l in one instance, at least, tho ordinary offices of
humanity. 'The treaty of friendship and amity wl;i;!h, in return for very important
eoncessidus by the IJnited States to Great Britain, reserved to the AuK^rican vessels
certain spc^citied privileges has been construed to exclude them from all other inter-
eourse louunon to civilized life and to universal maritime usage among nations not
at war, as well as from the right to touch and trade accorded to all other vessels.

Aud finite aside from any question arising upon constructionof the treaty, tho pro-
visions of the custoin-hon.se acts and regulations have been systematically enforced
;igainst Ani.'rican ships for alleged petty and technical violations of legal roquire-
lUfuts ill ;i manner so unreasonable, unfriendly, and unjust as to render the privileges
accorded by the treaty practically nugatory.

It is not f(u- a inoinent contended by the United States Government that American
vessels slioiild be exempt from those reasonable port and custom-house regulations
^^bicli are in force in countries which such vessels have ticcasion to visit. If tUey
choose to violiit(> su-h requirements, their Government will not attempt to screeu
them iriiin thejii.st li'gal consecjuences.

lint wliiit the I'nited States Government complain of in these cases is that existing
legnlatioiis have been construed with a tecUnical strictness, and enforced with a se-
verity, i> cases of inadvertent and accidental violation where no harm was done,
which is both nnusnal ami tuinecessary, whereby the voyages of vessels hav" been
liroken up and heavy ptni.ilties incurred'. That the liberal and reasonable construc-
tion of these laws that had prevailed for many years, aud to which tho lishormeuhad
I'ecomo accustomed, was changed without any uotico given. Aud that every oppor-
tunity of unnecessary interference with the American fishing vessels, to the preju-
<bte and destruction of their business, has been availed of. Whether, in any of

972

AMERICAN FISHERIES.

li"

II

"> luauvof

thMe nmm, a tuohiuoal violatiou of aumn re(|iur«niont of law had, niton cIoha mid ^,
vere oonHtniotion, taken uUoo, it in not uuHy to deterniiuo. Hut ii huoIi ruhwwflr
generally onforood in snoh a uinuuer in tlm jiorlH of th« worltl, no v«'h(H)1 could sail
safety Witliout (larryinK a solioitor verHed in the iiari«aci©8of ruvouno imd porireiMi"
lationa. ^ "

It i« nnnccesHarv to Hpucify tbo varloiiH cjwies roftiritHl t»), uh tho faiits
iieui havo boon alroady laicl boforo hor &IaioAty'N Governmttiit.

Since tlu^ nMHMi»t of J^onl IdiloHlei^h'H noto th«* IJnitod HttitOH Cioverninont has learned
with pravo i-e>t»^it that Ilor Maieaty'ti iwMent hiv* boen K'ven to tho mt of tlio I'arlia.
inent of C'aiuula, paHMod at Uh Into soMHion, ontitlod " An aot fiirfhor to im»t«iul the act
rt^8(>cotinK tiHhiu^ by foroi^n vciM«dH," wliich haN Inien tho Hulijoot of oltwrvation in
tho i»rovions corroHpondenco on tho itubjuot botweon tho UovornmentH of tlio Uulted
StatoH ant! of Oroat Hritain.

hy tlit» provlsionH of thiH act any foreign ship, vesHol, or boat (whothor tsngujjodin
fishiUK or not) found within any harbor in Canada, or within ;{ niarino niiioHot' ''anv
of tho coastH, bayH, or oreokH of Canada," may be brought intt) port by miy of the
ofQcore or )>orennH moutiouod in tho aot, hor carj^oHuurchod, antl hor nniHtW cxaiuiued
npon oath tonchinjj tho car^o and voyuj^o under a heavy penalty if tlie (iinistiooK
iwked ar^ not truly answered ; and if Huoh ship has entered Huch wiUt>rH "foratv
pvrvote not permitted by treaty or convention or by law of the Unit«(l Kiiigdom or
of Canada, for the time beiUK in force, such ship, voi»«d, or Itoat and Mio tavkle, tin-
ging, apparel, furniture, stores, and carpt thoixtof shall bo forfeited."

It has been pointed out in my note to Lord Iddosloigh, above moutioued, tliatthe
3-mile limit reforrou to iu this act \h claimed by tho Canadian Govornnmnt toiialude
consiilenible portions of tho liigh seas, euch as tho Bay of I-'undy, the Hay of Cha-
leur, and Himilur waters, by drawing the line from headland to heiulliind, aiMl that
American tishernien had l>een exolu<ied from those waters accordiuely.

It has been seen also that the term '' any purpose not permittetl by treaty" isbeld
by that Government to comprehend every possible act of human iatercourse, eacept
only the four pur])oaes named in the treaty — shelter, reimirs, wood, and water,

Under th«> provisions of th«> recent act, therefore, and tho Ciinadiun interpretation
of the treaty, any An>' rican lishing veswd that may venture into a Canadian buibor,
or may have occaNion to ])aHs thmugh tho very extensive waters thus comprehended,
may bo seized at tho discretion of any one of numerouH subordinate otiiccrs, carried
into port, Hui),jected to search and tho examination of her urvster upon oath, her voy-
age broken U|), and tho vessel anil cargo conliscatcd, if it shall bo duterniinod by the
local authoritied that shtt has ever oven posted or receive<l a letter or lauded a fin-
sengcr in any part of Her Majesty's dominions in America.

And it is publicly ttnuounceil in Canada that a larger licet of crniHerH is being pre
pared by tho authorities, and that greater vigilance will be exerted on their {lurt in
tho next lishing s<>ason than in the last.

It is iu the act to which the one above referred to is an amendment that is found
the provision to which I drew attention in a note U> Lord Iddesleigh of December J.
ItibU, by which it is enacted that in case a dispute arises as to whether any seizun
has or has not Imjcu legally made, tho bunion of jtroving tho illegality of the seizure
shall be upon the owner or claimant.

In his reply to that note of January, 11, 1887, his lordship intimates that this pro-
vision is intended only to impose upon a person claiming a liceuHo tli«* burden of
proving it. lint a inference to the act sfhows that such is by no means the restriction
of the enactment. It refers iu tho broadest and clearest terms to any seizure that :s
made nn<ler the provisions of the act, which covers tho wludo subject of protectwu
against illegal lishing ; and it applies not only to tho pniof of a license to (isli, bntto
all questions of fact whatever, necessary to a determination as to the bfjalityot a
seizure or the authority of the person making it. . .

It is quite unnecessary to jtoiut out what grave eml>arr^uwmcnt^' may arise ni tiie
relations botweon tho United Btates and Great Hritain under siieli adininiNtMtum *•
is reasonably to be expected of the extraordinary provisiouH of this act and its amenu-
ment, upoi? which it is not important at this time further to comment.

It will be for Her MujeMv's (;(»vernment to determine l»owfar itsManctionaudsup-
port will be given to further jiroct^eilings, such as tho United StaUM(ioveriimeiitaa\e
now repeatedly ctuiiidained of an<l have just ground to apprehend maybe couliuiief
by the Canadian authorities. i fnre-

It was with the earnest desire of obviating the iuipeudiug dillienlty, uiki o P«"
venting collisions and di^pute until such time una permanent iiinleiMantni^'Wi
the two Governments could bo reached, that I suggested, on tln^ l''*'^' , • , In.
States, iu my note t<. Lord Iddosleighof Sept«udMa- 11, ItWti, that an «'' 'p™',
structiou of the terms of the treaty might l>e agreed on, to bo carried «"[."> "''^
tions to be given on both sides without prejmlice to tho ultimate c ainiHOi ^'""'^;'^^.jj,j
terminable at the idea^nro of cither. In an int«nviow 1 ha«l the honor to "''^ . ^
his Lordship, in which this suggestion was discusiWMl, I derived tin- iuii)it»»i«

AMERICAN FISHERIES.

973

twl, m>oii eloso uud w-
iwi it Hiioli riiloswore
no v»'HHt*l could sail in
•evouiit) uiiil portregu-

i tbu fuuttt in many of

ovenuimnt has learned
I tho art »)l' thoParlia-
rth'T to tiiuf mltlifi act
tjccl. of ol)(«»rvation in
iriuiu.'iits of tho United

kt (whotlior mi)ja(;«din
\ iiiui'in<> niiloHut' ''any
uto port liy imy of the
nl hor iimHttT examiued
Miiilly it' tli« iiuestion*
i Hiich wiilcrn '/or any
liu UiiitiMl Kiii);ilom or
[iut and tho tackle, tig-
loitetl."
>ve uitiutiuiitMl, tliat the

Qoveriiiumit to intlude
•'inKly, th« Hay of Cba-

t«) heiullitnd, und that

lonliuKly.

litttulby treaty "is held
iiiuii iatori'ourse, except
wuud, iinil water.
Uaiiudiun interpretation
into II Canadian harbor,
MYH thus comprehended,
ordinuto olliccrs, wirried
,8ter upon oath, her voy-
jU be determined by the
a lotter or lauded a pas-

of crniserw is being pre-
Bxorted on their part in

nendmcnt that is found
dcHleiKhof December 2,
to whether any seizure
I illexulity "' the seizure

iutiniiites that this pro-
u liceuHo the Imrdeu ot
r uo ujeans the restriction
1118 to (Uiy seizure that IS
oh> Bubject of protection
„f a license to hsli, bntto
„ ttH to the legality of*

rijucuts may arise in the
■r Hiieb adminislMtiouw
u,f tins act and its ameiid-

I coninient.
.vliiritHHanctionaudsup-

dStiiteHtiovernuieiitUau
.lindmayhoeomiuiied

nK«UiTienlty,andofpw-

"/'n.uderstandi.iKW
tlie part ot the Lnit l
j, tbal an ad i«^.r,/«cu ;
, .. carried out by m-"^
,ato claims ole.tlHi.aJ
_..tbebon..rtohav ^J

Hi.
I
1
ad

lie regarded it with fiivor. An outline of Miich an arruiigemeut wnH therefore sub-
nenuently prepared by the Unite«l StatcH Ooveniincnt, which, at tho request of Lord
Iddesh'ifih, wiiH Hubmitted to liiin.

But loliserve, with houio Hiirpriw, that in bis note of November ^^0, last, bis lord-
«bip refers to ibat proposal made in my note of llth Heptembor, as a proposition that
HiM'Miijesly's Oovcrnnient "sboulil tt'mi>orarily abandon the oxeiciso of the treaty
rij,'hts which tbey claim and wliicb tliey conceive to be indisputable."

In vicwof the very grave qneHlions that exist an to the t^xtent of those rijcbts, in
respect to which the views of the United States Government ditt'er .so widely from
tlio-se insisted upon by Her Majesty's (Joveinment, it docs not seem to mo an uiirea-
winal)le proposal that the two tJovernments, by a temporary and nuitual coii(;essh)n,
without predjndico, Khoubl endeavor to reach some middle K'^'ii'd of ad interim con-
strmtion. by which existing friendly relations might bo preserved, until some perma-
nent treaty arrangements could be made.

The KMsons why a revision of the treaty of 1818 cannot now, In tho oiiinion of the
Inited .'States Qovernmont, be hopefully undertaken, and which are set forth in ray
iiotuto Lord Iddcsloigh of September 11, have increased in force since that note was
written.

I airain re.spectfully commend the proposal above mentioned to the consideration of
Her Majesty's Oover'ument.
I liave, &c.

E. J. PHELPS.

The most honorable the Makquis ok Salishury, K. O.

No. 18.

Mr. Bayard to Mr. Phelps.

Xo. 528.J

Department of State,
•• Washington, February 1, 1887.

Sir: I received oil the 29th ultimo a reply from the British minister
at this ciiintal to my notes to him of tlie IDth and 20th of October last
relative to the cases of the American fishing vessels " Pearl Nelson "
and " Everett Stoele."

The note of Sir Lionel West serves only to inclose the communication
of the Marquis of Lansdowne to Mr. Stanhope. Whilst the letter of
Lord Liiiisdowue proceeds upon the assumption of grounds never ac-
cepted by this Government as the basis of discussion of the rights of
imr ti.'^horinen, and fails to admit the obvious and essential right of
Americiiii fishermen to resort for purposes not abusive of the ancient
inivilejies guaranteed by the treaty of 1818, in the Canadian bays and
liaibors, .\et 1 am glad to see that the tone of his <liscussion indicates
the growth of a disposition to consider the case of the American fisher-
lueu in a more friendly light than heretofore in the discussions of the
pst season.

The letters will be communicated to Congress as supplementary to
the information heretofore laid before them by tho President.
I am, &c.,

T. F. BAYARD.

:a

mil

974

AMERICAN FISHEUIES.

Ill— MISCELLANEOUS.

r No. 10.

Mr. JlntilikisH to Mr. Parker.

*

No. 95.] Unitkd Statks Consulate,

Ottawa, Janiiarif ;J, 1887. (Keceivwl Jiiimary 0.)
Sir: I liav(Mlio Immiof to transmit, uikIci* scpn rate cover, iuldri'sscd
to the State Departinent, a printed copy of the aiiKMuh-d llslieries act
as approved by the Queen. '

I am, sir, your obedient servant,

TIJOS. \V. IJOTCIIKISS,

United IStates Commercial Agtnl

Laxsdownr. [l. 8.]

CANADA.

Victoria, by tho grace of Go<1. of tho Unitod Kingdoui of Great Brilaiii and Ireland,
Queou, Defeu«l«r of tho Faith, &c., &c., &c.

To all to Khom these pruenta shall come, or whom the samemay in any wise concern, grectkf.

A PHOCLAMATIOX.
JNO. 8. D. Tll<»MI'80N,

Altorne!)-(itncral, Canada,

Whi'n-HM in iiiul by the tifty-Hfth Hrctioii of a i:<'rtain act of th« I'iiiliumi'iit ol our
Uu:te«l Kiiiji:<l<ini of (ireat Hritain aiul Ireland, patwed in tl»o 8t«»si(tn tiiert^of, luld iu
tho thirtiotii aiul tliirty-first yearsof our rii^n,Hn<l intituled "An act tor tlm imioaof
Canada, Nova Scotia, and New llruuHwick and tho j{overnm«'nt thercot, and for jiiir-
noses fonnccted then^with," it i« in eUoct «'nafted, that where a bill imsnt'd liy the
lionHes of I'arliainent is prenenteil to the j^overnor-jfeneral ten- our absent, he sliall
deoUir«i aee<»rdiu); t(» his discretion, but snbjt-et to the jirovi.siims of the act in ncifal
and to our instrnctions, either that he assents tliereti^ in our name, or that he with-
holds our assent, or tiiat lie reserves tho bill for tiie sij^nilicatioi! of our iilcaMirt';

And whereas in and by the lilty-seventh setitionof the said aet it isiiifUcctt'uucted
that a bill reserved for tlie signilieation of our pleasure shall not have any force
unless and until within two years from the day on which it was pnsi'iitcil to the
j^overnor-Kencral for «nir assent, tho jjovernor-^^i'neral si;;nities by spcfcli cir iiu'»sa);e
to each of the houses of I'arlianient or by proclumatiou thalit liasreceiNeilllitasneiit
of us in council;

And whereas at the session of the Parliunient of Canada held in the forty-niuth
year of our reinn a certain bill intituleil "An act furtherto amend the act ns|iirtiuj,'
fishing by foreign vessels" was passed in and by the Heiiate and the House of Coiiiiiions,
and was sul)8e<jueutly presented to the most honorable 8ir I liniyCliark'n Keith IVtty
Fitzinaurice, Manjuis of Lansdowne, our governor-general of Canada, for oiiras'seut
thereto, ami our said goveiiior-geueral did, in inirsuance of tho authority vosttd iii
bim by the said lirst above recited act, declan) that be reserved tho said l)ill for the
iiiguitieation of nur pleasure ; ~

And whereas tlie said bill wiw l;tid befoio us, iu oiir most honoiable privy council,
at the court at Windsor, on the twenty-sixth day of November, in the year of our
Lord one thousand eight liundred and eighty-six, whereupon we were pleawd. Iiyiimj
with the advice of our privy council aforesaid, to declare oiir assunt to the naid wll'

Now know y« that we have been pleased, according to tho provisioi's (d the said
act of tbe Parliament of the United Kingdom of Great B. itaiu and Ireland, to signily,
and do by this onr proclamation signify, that the said bill intituled "Au act tiiritier
to amend tho act respecting fisbiug by foreign vessels," has received our assent lu
council. ,,|

In testimony whereof we have caused these our letters to bo made patent, ami lu

ereat seal of Canada to bo hereunto afUxod. Witness our right trusty uud eutirej
eloved cousin the most honorable Sir Henry Charles Keith Potty Fitzniaurice, Marquis
of Laosdowne, in tbe county of Bomerset, Earl of Wycombe, of Chipping Wyeomue,

AMEUICAN FiSHEttlliS.

975

\ny iriae concern, jrecliiij:

nnry of WiltH, and
uckM, ill tliu poor*
ouiit ClaniiiHiirico

„ tlipoonnty of RiickH, ViHcouiit Caliio and CaliiMtonc', in fho roii
Lunl Wycoiiibe, liaron <>( C^hijipiuK VVytoniW, in tiui connty of IJ

ai[fl of ("Jifiiit liritain; Earl ot Kmry and Karl of .Siiollmnio, Vi«!i

aii(lFitziiiauri(!o, Uaron of Korry, Lixnaw, and Dnniicrron, in flio peerngo of Ireland ;
Knight Grand C'roHs of onr nio(*t DistinnuiHlnid Ordur of Saint Michael and Saint
i.iorge; povernor-general of Canada, and Vice-Adnural of the sanio.

Atom Oovernment Houm', in onr city of Ottawa, fhiH twontv-fonrth day of De-
,, iiibcr, in the yt^ar of our Lord one thoHHand eight hnndred and cighty-Hix, and in
iho tilticth yeiir of our reign.
l!y command: J. A. CIIAPLEAU.

. Secretary of State.

i.j [4(J Victoria.. Chap. 114.] f

An act further to amend the act resprciinff fishing bi/ foreign ve»8eln.

inwrvotl by thn (rovnrnornonoriil on Wrdiu'Riliiy, '.'il .riiiiP. IHHd, for tlio RljiiiiOratinnof tlio Qiiprn's
iilmsure tliiToon. Uoyal ohhoiiI given liy Mor Mi^icHty in cimncil ou the 2(lth day of Noveinbur, 1886.
rioclamation tliorwol" made od the 24th clay of DetiHinbur, 1880.]

Whcri'iiH it is expedient, for flie more ert'cctnal protection of the inshore lisheritfH of
(iinada iinainst intrnsion l»y I'oreignerH, to further amend the act inmlued, "An act
roiicetiiif; lishing by foreign vesselH," panwd in the thirty-lirst year of Her Mujesty'.s
niiin, uiid cliai)tt'r<'d sixty-one :

riicretbroller MaJeMty, by and \vitb the advice and conHont of the Senate and lIouHe
i>n'(iiiiiii()im of Canada, enacts as follows :

(1) The .section snlmtitute«l by the lirst section of the act thirty-third Victoria,
liaptcr l.\ intituled "An act to anuuid the act respecting lishing by foreign vessels,"
inr the third section of the hereinberore recited /let, is hereby repealed, and the fol-
lowing Kcction substituted in lien thereof;

":t, Any one of the otlieerH or persons hereinbefore mentioned may bring any shij),

I vessel, or boat, being within any harbor in Canada, or hovering in Hrirish waters

i within three marine miles of any of the coafits, bays, creeks, or harbors in Canada,

into port, and search her cargo, and may also examine the inaHter upon oath touching

' the Citrgo and voyage ; and if the master 4>r person in command does not truly answer

tliPi|iii'(itions put to liin* in such examination, he shall incur a penalty of $\00', and

iismtiHliip, vessel, or bwat is foreign, or not navigated according to the lawsof tho

I liitcd Kingdom or of (Janada, and (a) has been found fishing or preparing to fish, or

, til liiivc been hshing in Hriti.sh waters within three inarini^ miles of any of the coasts,

bays, creeks, or harbors of Canada, not included within the above-mentioned limits,

I without a license, or after the exjiiration of the term named in the last license granted

[to such Hhip, vessel, or boat, under the lirst section of this act, or (t) has entered such

[^liters for any purpo.se not permitted by treaty or convc-ntion, or by any law of the

United Kingdom, or of Canada, for t he time being in force, such ship, vessel, or boat

ami the tackle, rigging, apparel, furniture, stores, aud cargo thereof, shall be for-

I feited,"

(2) Tho acts mentioned in tho schodulo hereto are hereby repealed.

(3) This act shall be couHtriied as one with the said "Act respecting fishing l^'for-
Jtiga vessels," and the amendments thereto.

Schedule. v

Acts of the leyigJature of the Province of Xova Scotia. '

! -U.

■■ii

■';r

Year, reign, and chapter.

Title of act.

Extent of repeal.

leTised katutes, 3d st-ries, o. 94.
0 Vic. (1800), c. 35

Of the coust and deep-sea flaberlca

An act to amend chapter 9 of tho Rt'vised Stat-
utes, "Of the coast and deep-sea ilRberies."

The whole.
Tho whole.

Jot of the legislature of the Province of Xetv liriamrick.

•Vlo.(1853),c69.

An act relating ta the coast fleheries and for the
prevention ;o? illicit trade.

The whole.

15- r\

!«■

': l:l

R

Senate Ex. Doo. No. 06, Forty-ninth CongreM, second swiion.

LETTER •

FKOM

THE SECRETAIIY OF STATE,

THANHMITTINU

Btl9i»e(i lint of renHch inrohed in (he controvvrsy with (he Cunadian

<iu(hori(icn.

January 27, 1887.— Ordered to be printed, and also to l>e bound with Senate Renort

No. 1683. ^

• Depaktmknt OP State,

Wtmhinifton, January 2t], Ml.
SIR: Rt'.spoiMlhip: toyonrroqtieHt, datiMl the 17th aiul received at this
DepartuiiMit on tin* IHtli iiiMtaiit,<>ii iK'halfuf the (^oininittee on Foreign
Relations, for a reviHiou of the list, heretofore furnished by this Depart-
mcnt to the eoiiimittoe, of all American vessels seized, wariicd, fined,
or detained !>. the Canadian authorities during the year 1880, 1 now
inclose the same.

Pvvery sneh instance is therein chronologically enumerated, with a
statement of the general facts atttMu'.aut.
Very respectfully, yours,

T. F. BAYARD.
Hon. George F. Edmunds,

United States Senate.

)',

List of Ameriean veMeU aeized, dttahu-d, or trarncd off from Canadian pi. 'idurins thekit

year.

Sarah It. Putnam. — Hevorly, MnsR.; CharloH Raiidolpli, master.
Driveu I'roiu harbor of Pubnico iu Htorni March )iii, 1400.

Joseph Stortf. — Glojicester, Mam

in April, 188C, for alleged violation j
hours' detoutiou.

Detained bj ciiHtoniH oftlci'ri* at Baddeok, N. 8.,
t..*tho cuHtoniH lawH. licleasod aft^jr twenty-four

Selh Stockhridge. — Gloucester, Mass.; Autone Olson, uittster. .. -
Warufd off from St. Andrews, N. B., about April 30, leWG.

Anuif M. Jordan. — Glouisester, Mass. ; Alexauder Haiue, master.
Warned off at St. Andrews, New Brunswick, about May 4, 1866.

David J. Adam». — Gloucester, Mass. ; Alden Kinney, master. , ,,,j

Seized at Digbv, Nova Scotia. May 7, 188(5, for alleged violation of tway "' "7,,
mt of 59. Goorge' III, and set of 1883. Two snito brought In vice admiralty conn »
Halifax for penaities. Protest tiled Mav 12. Suits pending stUI, and vessel noip j
released apparently.
i»76

▼BS8KL8 SEIZED BY CANADIAN AUTHORITIES.

077

, second luiion.

ound with Senate Report

y onunierated, with a
T. F. BAYARD.

[•anadian 1.0. 't during tkM]

Thou afterwards

Sud'erottprt".— (HoopiTn (lhMmi'Nl«r(T), Miihn.

lloiirdfd innl w«iirchf(I. iiiid cniw rudi<ly tn-alod, hy Canadinn offlcials lt» Canio
Bay, N'ovii N<'"tia, Mi»y. I'^'^'-
i:Ua M. /*(>M</*h/. —Port land, Mr. ; Wuiti-ii A. DoiiKhty, niiiNt<>r.

S.u.(l ut .St. Amrn, (;u|M< IJn-loii, Miiy 17, |hi^«>, for allfji;,.,! violutloii of tho onstoms
l.iws. Suit wiiH iiiMritutitd in vir«i ndiiiiially court Ht liiilit'ax, Novu Scntia, but waa
MiliMiiiifiitly iiliiiiidoiu'd, mid vi-hmcI wjih K-U-UKt'd Juno ^K, inHil

./iHiiit (iH(/ ./«'i«.— MiiMtport, M<'. ; \V. ll/rruviN, iiiUHtur. .

Wiuiitil oil' lit Dinhy, Novu Scotiiv, l»y cunIoiiim odietTM, May IS, 1886.

I.iicii .iiiH.-(i\o\\vt'HU'r, MaHH. ; .Tortt'ph II. Smith, iiiurtti'r.
Waiiitd otliit Variiioiitli, Nova Scotia, .May 'M, l-^pKl.

ilallhiir A>a«i/.— OloiU'cstpr, Mush,
Detained at Soiiri.t, I'rinco K<lward l!4hitul,one day fur ailt«gcd violation of cunt^ms

laws, 111 at May :Jl, iHWii.

JamiD .1. ^^lr/ll•W.— (thxiccHtcr, Miihm.

llirwitt'iied, aliout Juim 1, I88(i, with Mcizurc for haviiiji iturcham'd bait iu » Cauo*
(linn liiirbor.

Mitrllia if. Ilradhi. — (JloiuscHter, Mumh.; .1. F. Vcntior, master,
Wuiiicd oil at t'au.so, Nova Sotia, lutwetm Juno 1 and 8, I88G.

Eli:a llo!;nton. — OlonceHter, Mbkh.; (leorRO E. Martin, niaHtor.

Wariiid oil' at C'anH >, Nova Scoiia, helween Juno I and D, 1880.
(litaiiii'tl in manner not reported, and released October 25, 1880.

.l/dnfof.— (iloiiceNter, Miibs.; Alexander McKiudiern, niauter.
Warned oil' at Tort Amiiei*Ht, Mandaleu Inlands, Juno 10, 1880.

rtoHKid /•'. /}n.i/<rrff—GloiiceHter, Mush; James McDonold, 'roaster.
Warned oft at lionuo Bay, Newfoundland, June I'i, 1880.

■lamen H. Trdif/.— Portland, Me; Webber, master.
Crew refused pri-, ilege of landing for uecetutaries at Brooklyu, Nova Scotia, June 1.5

orlli, 18St). .^ ,

(i(;/ i'oifif.— Portland, Me,; Keene, mister.

iX'tained at Siieibiirne, Nova Scotia, July 2, 188(5, for alleged violation of ciistoais
liiws. Penalty of §100 deinaiided. Money deposited, under protest, July 12, and iu
addition ^\'M costs deposited July 14. Fine aiul costs refunded July 21, and vessel
rtieuBcil August 2(i. Harbor dues exact«d August 20, notwithstanding vessel had
been ret'Uvsed all the privilegec, of entry.

C. P. //arnnyfofi.— Portland, Me.; Frellick, macter.

Dwtaiiied at Shelbnrne, Nova Scotia, July 'A, 1»8*), for alleged violation of customs
iawH; tined 9400Jnlyr>; tine deposited, under protest, July 12; $120 costa deposited
July 11 ; refunded July 21, and vessel released.

Hereward. — Gloucester, Mass.; McDonald, master.

Detained two days at Caiiso, Nova Scotia, about July 3, 1886, for shipping seamea
contrary to port laws.

G. W. Cuithing.—Vortlni\d, Me.; Jewett, master.

Detained July (by another report, June) '.i, 1880, at Shelbume, Nova Scotia, for al-
leged violation of the ciisfoms laws ; fined $400 ; money deposited with collector at
Halifax about July 12 or 14, an<l $120 for costs deposited 14th; costs refunded July

'21, and vessel releaseil.

Gohlen ilind.— Gloucester, Sfass. ; Ruben Cameron, master.
Warned off at Bay of Chaleurnt, Nova Sooti i, ou or about July 23, 188G.

,Vord/i/.— Portland, Mo. ; H. A. Joyce, master.

Warned off at Pictou,.Nova Hcotia, June 2y, 188<i, where vessel bad entered for coal
and water; also refused entrance at Amherst, Nova Scotia, July 24. .

'V./.J/i»pr.— Booth Bay, Me. ; Diekso.i, master,

Detained at Hopewell Cape, New Brunswick, for alleged violation of customs laws,
onJuly 24, 188tj. Fined $400,

''''''/^'■•— GlnncpHterj Mass.; A. F. Cunningham, master.

Warned off at Cause, Nova Scotia, June, 1880. Detained in port of Shelburne, Nova
'.cotia, where vessel entered seeking shelter August 3, 1880. Kept under guard all
light and released on the 4th.

I

a. Ex. 113-

-63

1)78

VESSELS SEIZED BY CANADIAN AUTIIOKlTIIiS.

Caroline Vought. — Booth Buy, XIo, ; Cliurlos S. R«»od. muster.
WanuMl oft at. Paspebiac, Xtnv Bruiu wick, ami rdiisod water, August 4, li^SC.

Shiloh. — Gloiicestcr, Mush. ; ClmrloH Nevit, r.uiHtiT.
Boardetl at Livfr[)o«»l, Js'ova Scotia, August l>, and bubjectcd to rude mirveillaiice.

Julia Ellen. — Booth Bay, Me. ; Dumps, master.

Boarded at Eivernooi, Nuv» Scotia, August. I), 188(5, and suhjected to rncie gnrveil-
lanrc.

Freddie W. Alltoii. — Provineotowu, Mans. ; Allton, umsteir.

Boarded at Liveri>ool, Nova t^cittia, August l>, lHdt>, and subjected to rude gnrveil-
huico.

Howard //o/biooA,— (iloueester. Mass.

Detained at HawkeHiiurR, Capo Breton, Au.u;u«t I', IttT), for alle«;i'd violati(mofllio
^;n8tOIU8 laws. Released August "iO on deposit of !|UM). Question oficiiiissioii ot'tiiR'
still pending.

A. R. Critfendcn. — Oloueester, Mass.; Bain, master.

Detained at llawkesburg. Nova Scotia, August 27, 1886, for allejieil violation of
customs laws. Four Inindred dollars penalty deposited August 28 without protest, ami
vessel releas«'d. Three hundred and seventy-tivo dollars remitted, and a noQiiiialline
of fi".J") imposed.

2IoUic Adams.- -Gloncesler, Mass.; Solomon Jacobs, master.
Warned off into storm from Straits of Canso, Nova Scotia, August 31, 1886.

Ilii/hland Lifihl.—WeW&cd, Mass.; J. II. Ryder, master.

Seized oil' Ea.st Point, Prince Edwanl Island, September 1, ISf'B, while fisbiDg within
prohibited line Suit for forfeiture begun in vice-adujiralty court at CbarloitctowD.
liearing set for September 20, but postponed to September 'M. Master admitted ik
charge and confessed judgment. Vessel coudomued and sold December IJ Pnr-
chased by Canadian Coverui.ieut.

I'earl Xdnon. — Provlncetown, Ma.s8.; Kemp, master.

Detaine<l at Ariehat, Capo Breton, September 8, IdHtJ, for alleged violation of enstomj
laws. Released September 9, on deposit of $200. Deposit refunded Oc toler 26, 1666.
I'ionar. — (Gloucester, Mass. ; F. F. Crnched, master.

WariH'd oil" at Canso, Nova Scotia, Sei»tcmbcr 9, 1&96.

Ererftt *'/«/.— Gloucester, Mass.; Charles II. Forbes, ma.ster.

Detained at Shelburne, Nova Scotia, September 10, 1-rt), for alleged violation of
customs laws. Releasj-d by order from Ottawa, Sept4'mber 11, 18d(i.

Mora CimtJe. — Gloucester. Mas:^. ; Edwin M. .Joyi-e, master.

Detained at llawksbury. Nova Scotia, .September 11, IHHt). on clinrjje oi having
BmnggltMl goods into Chester, Nova Scotia, in 1HH4, and also of violating custonu
laws. A dejiosit of :jl,(',<K> demanded. Vessel discharged Novendier iii>. 18-t), on pay-
ment, by agreement, of -$I,<MK) to Canadiau (jov(^runu>at.

William I>. DuiHiii,. — {;lou<«'st<'r, Mass.; ,1. E. Gorman, master.

Detained at Soiiris. Prince Edward Island, Oetol)er 4, lH8d, for alleged vi.datioLof j
customs Liw, Fined ^KK), and releastul on itayment ; 8:J7r> of the lino remitted.

jLflMrrt <S<i,vtra»r/.--Glouee8ter, Ma-ss. ; Medeo Rose, nnistor.
Retusi-d privilej^e of lamling to buy provisions at Sholburi , Nova Scotia, Octouer

r., ies().

Marlon Grimen. — Ghmcester, Mass. ....

Detained at Shelburne, Nova Scotia, October •>. for violation of port laws lu fan- .
ing <o report at custfuu house ou entering. Fiuwxl $100. Money paid uuutr protest
and vessel relejused. Fine remitted December 4, i*5(i. [

Jef»«{<» iS«i»crn«, — Gloueestor. Mass. ; Joseph Tupper, master. . ,

liafused privilogi) of landing, and vessel placed under guard at Liverpool, Mv» j
Scotia, October 20, 18S6.

F/i/iny 5cM«f.— Glonccsfer, Mass. i„, »i,nntl

Detained for alleged violation of customs laws at Halifax, November 1, or aouu.)
that time. Releasim November 10, lc*8(5.

Sarah H. rri<w.— Boston, Mass. ^hnma ,

Refused the restoration of a lost seine, which was found by a Canadian scuoouc,]
December, lH«i.

;i t

lijecteil to ruilo sarveil-

VESSELS SEIZED BY CANADIAN AUTHORITIES.

979

goat (name unknown). —Stoplion R. nnlcom, master, Eastport, Me.
Warixd olVat St. Andrews, New Bruuswiek, July 9, 1M8(», with ot

olucr8.

Tin small hoalu (nnnnined). — OliarloH Smith. PtMnhroke, Me., master.
Seized at East Quaddy, New Brunswick, Septemb«'r 1, 18«6, for alleged violation of

fustoiu!* laws.

nniid (foreign bniltV— Gloncester, Mass.
Seized, warned off, or molested otherwise at some time prior to September 6, 1886.

ihheii A. iSrtotP.— Injury to this vessel Las not been reported to the Department of
Stite.
EU:aA. T/ioma«.— Injury *o this vessel has >-ot been reported to the Department of

State.

iri'''--JK'a)ie.— Eastport, Me.; William Foley, mastei.
ij'ined at L'Etang, New Brunswick, $75 for taking away lish without getting a
clearance; again N'^vember 13, 18S6, at St. George, New Brunswick, lined ^20 for
similar offense. In both cases ho was proceeding to obtain clearances.

r, , Nova Scotia, October

Money paid uuuerprote^V
."'•aardatUverrool,Sov»|

,.1 by a Canadian Bcbooner,

T!

11

Senate Mis. Doc. No. 54, Forty-ninth Congress, sscoud sessiou.
IN TOE SKNATi: OF THE UNITED STATES.

FEBurARY s, ldj!7.— Onlenil to bw printed.

Mr. Ei)MT^Ni>s Kubmittpd tlio following:

CUMilUXlC.lTiOy FROM SVEXVER F. HAIRD, UNITED STATES COMillS-
* SIOXKR OF FISH AND FISHERIES.

U. S. Commission of Fish amd Fisueriks,

Washington, D. C, February 5, 18SI,
SiH: I fi>rwiir«l herewith, lor your iiifonnatio>i, a ('oi)y ofacouiniuui-
catioii from Mr. K. Edward Earll, in cliarfiooftlio J)ivisioii of Fisheries
of this Commission, ac('omi>anied by ; '-st o*^" Now Eiighuul lisliiiig ves-
.seLs which have been inconveniei' t 1 'leir ilshiiig operations by tlie
Canadian authorities during the past season; the.so being in additioa
to the ves.sels mentioned in the revised list of vesisels iiivolvod iii ihe
controversy with the Cana«lian authorities, furnished to your committee
on January 20 by the Secretary of State.

The i)aper8 containing the statements were received from tlie owners,
masters, or agents of the vessels concerned, and, thouj;h not accompa-
nied by affidavits, are believed to be correct.
Very respectfully, yours,

SPENCFK F. HAIHD,

Commmiomr.

Hon. George F. Edmunds,

Chairman Committee on Foreign Relations, United IStates Senate.

U. 8. Commission of F" ^ d Fisheries, _
Washington, '. C February i),lS^'-

Sir: Some time since, at j-our recjuest, 1 m»... t circulars to owners
or agents of all New England vessels employed in tiie food lisli fisheries.
These called for full statistics of the ve.s.sel.s' operations diiriii;; the year ,
1,SS«», and, in addition, tor stateuients of any incoiiveiiiciiccs towiiicii
the vcs.sels ha<l been subjected by the recent action of the Caiiadaa
(iovernment in denying to American fishing vessels the ri?ht y^"^U
bait, ice, <>r other su'pplies in its ports, or in placing unusual rtstnctioiis
on tlie use of its harbors for shelter. ,

A very large i)ercentage of the reidies o these circiiliUN have alroafl.U
been received, and an examination of sanie s?'o\vs that, in '"''/'f'^" J
the vessels mentioned in the revised list transmitted by tl>t' >'^*''™'M
of State to the Committee on Foreign Relations of the I !:itt'« J5t.m»j
Senate on Jannarv 20, 1887, sixty-eight other New Knglanil ''^/'"''jf/Jji
.sels have been su'bj«'eted to treatment which neither the treat} oi i-^ |
nor the i>rinciple.*j of international law would ^:eem to ^\a^a^t.

860

CANADIAN FISHERIES.

"J81

second Ee8ii)ii.
STATES.

ted.

1 iiidosc for yonv coiisideriitioii ii list of tliese vessels, togetbor with
11 brief abstract of the stuteiiu'iits of the owners or masters regarding'
the tie.atiiieiit received. The .statements were not accompanied by afli-
(bvits, Imt are believed to be entirely reliable. Tlie name and address
of the inforniiint are given in each instance.

Very respectfully, yours, .,

K. KDW AJJO EARLL,
" In Charge iHriNioti of Fisheries.

Prof, Spencer F. IUird,

U^ S. Commissioner of Fish and Fisheries.

wing

rF.]> STATES COMillS-
KS.

MI) Fisheries,
^, February 5, ISSI.
a eoi»y of a commimi-
) Division of Fislieries
England lisliiii;]; ves-
ing oj)erati(>ns by tlie
leso being in additioa
essels involved iu ihe
lied to yoiir committee

Bived from the owners,
] though not accompa-

.:i{ F. 15AI1J1),

Comnm'ma:

United States Senate.

D Fisheries,
February a, I'i^i'
, i circulars to owners
itlicicHMlfishtisheries.
rations duri..;,' the year
,,onvenience. owl

.etion of the 'a-ia-
%sels theri-httobii
„g unusual ivstnetioiiS

MMrculars have already

ws that, in a.hM.on

Lit ted I'V the ^n^J)^
,sof thel-'.-.twlfeW;
„, i.:ugla.ul fohin : vM
Hl,,r the treaty otWl»j

t-m to w arrant.

PAHTIAI, I,'«T (IK VKSSKI.S INVOI.VEO 1\ m ; FISIIKIUKS CONTItOVKItSY WITH THK

CASADIA AirnournKs, KKo.M inkoicma .uix FLu:.isni.i> to tim-; uxitku staiks

lOMMISSIONKIt OK KISH AN'1> K1SIIKH1E8.

ISupplcinentiiis 11 list traiiHiiiitti-d to fli.! CnniinilttM- on Foioiau Ki'lalioiis, Uniteil States Senate, by

till) SecittHiy ofSliiti', Jiuuiavy l!U, 1887. 1

KlkaA. Thomcs (schooner). — Portland, Mo.; E. S. Bibbs, uiastef. Wrecked on Novh
Scotia Kliore, anil unable to obtain assistance. Crew not iieiiuitted to laud or to
siivo anything; until perniissiou was received from captain of ciitttu-. Canadian
(illicialH jdaced mnird over lish saved, and everything saved from wreck narrowly
escaped confiscation. (From statements of C. I>. Thomes, owner, Portland, Me.)

Climlbia EllHWorlh (schooner). — Eastport, Me. ; .lames Ellsworth, master. Entered
Port Hastinfff", Cajie Breton, for wood; anchored at 10 o'clock, and reimrted at
ciistoui-liouse. At 'i o'clock was boarded by captain of cniter Hector and or-
dered to sea, bein;; forced to leave withont wood. In every harbor entered was
refused privilejjo of bnyin-jf anythinjj. Anchored nndor lee of land in no harbor,
but was comi)elled to enter at custom house. Iu no two harbors were the fees
alike. (From stat^uneutsof Jann-s Ellsworth, owner and inr.ster, Eastport, Me.)

Manil-^. ^/((^/(schooner). — Wellheet, Mass. ; Sinjon Berrio, master. In .July. 1p81), lost
seine otl' js'orth Cape, Prince Edward Island, and not allowed to make any repairs
(in sluire, causing a iirokeii voyage and a lonjj delay. Kan short of provisions,
and being denied privilege of buying any on land, had to obtain from another
American vessel. ( '•''rom statementsof Fi<!ennin A. Snow, owner, Welllleit, Mass. )

Stowell Shnman (schooner). — Provincetown. Mass. ; S. F. Hatch, master. Not allowed
to purchasiv niMcssary supplies, and oliliged to report at custom-houses, situated
at distant and inconveuieut places; ord-red out of harbors iu stress of weather,
uiiniely, out of Cascumpeo harbor, Prince Edward Isl.ind, nineteeu hours after
entry, and out of Mal]te(iue harbor. Prince Edward Island, tifteen hoars after
entry, wind then blowing too hard to admit of lishing. • Keturned h(ime with
broken trip. (From statou'cuts of Samuel T. Hatch, owner and master. Province-
town, Mass.)

^Mkr L. liich (schooner). — Wellfleet, Mass.; Obadiah Rich, master. Ordered out of
.Malpeque, P. E. I., iu unsuitable weather for lishing, having been in harbor only
12 hdins. Denied right to purchase provisions. Forced to enter at custom-hou8(^
at Port llawkesbnry, C. B., on Sunday, collector fearing that vessel would leave
bitnre Monday and'he would thereby lose his fee. (From statements of Obadiah
Hich, owner and master, Welltleet, Miiss.)

|j>er/Aa ]), Sickirson (schooner). — Booth Bay, Me.; N. E. Nickerson, masier. Occa-
sioiu'd considerabio expense by being denied Canadian harbors to procure crew,
and detailed in spring while waiting for men to come from Nova Scotia. (From
tttateiuents of S. Nickersou &. Sons, owners, Booth Bay, Me.)

•\(i((!( /;, Haw, 8 (scliooucr).— Welltleet, Mass.; Thomas C. Kennedy, mast. i. Re-
fused privilege v^ buying in-ovisions in ports on Bay St. Lawrence, and in conse-
(|uence obliged to leave tor home with half a cargo. Made harbor at Shelburne,
Nova Scotia, in face of stoi'ni, at 5 p. m., and unwter immediately started for cus-
tom-house, 5 miles distant, meeting cai>tain of cutter Terror on way, to whom ho
explained errand. On rotnruiug, found two armed nien from cutler on his vessel.
At7 o'eloek next morning was ordered to sea, but lefu.sed to go in the heavy fog.
AtDo'clook tho fog lifted slightly and, though the barometer was very low and a
«torm inuninent, vessel was forced to leave. Soon met the heavy gale, which
spht sails, causiu'j considerable damage. Captain of Terror denied claim to right
01 leiimining in harbor twenty four hours. (From statements of T, C. Kennedy,
'•art owner and master, Welllleet, Mass.)

.-. — --i-**

1)82

CANADIAN FI8IIERIE&

t 4

Eelen F. 7Vfrf/rt (schooner).— Capo Pornoisp, Mo. ; R. J. Nuuan, mastor. July an
18.S(), cuttTcd Port Latour, N. 8., for Hlioltcr uiul water. Was ordered imiiiediatelv
to aciv. ( I'-foiii 8tato!nonts of R. J. Nnnau, owner and master, Cii^o I'orijoise, Me )

Xellie AT. Snow (schooner).— WeilUcet, Mass. ; A. E. Sno\r, master. Wrh not allowed
to jiurchiisc jtrovisioiis in any Canadian ports, or to rniifc or land and 8hip fish
"onseqnently ohlifjcd to K'avo for homo with broken trij). Not l>oimittt'(l tore-
main in ports ionj^er than h>ral Canadian officials saw lit. ^l■'rom statoiiieuts of
J. C. Younji, owner, Wcdllleet, Mass.)

Gertnidi' Sainmim (.sciiooner). — Welillect, Mass. ; N. »S. Snow, master. Kcfased imvi-
ie^e of pinvhasiuK provisions, Avhieh resulted in injury to voyaj^e. Found harbor
regulations uncertain. Sonietinica could remain in port twenty-four hours, affain
was ordered out in three hours. (From statements of N. S. Suow, owmr and
master, WelUleet, .Ma.s.s.)

Charhi* /i. fVuxhhiijton 'schooner). — Wellflect, Mass.; .Tesso S. Snow, master. Master
vras inforuuul hy collector at Ship Harbor, C. 13., that if he bought provisions,
even if actually necessary, he would be subject to a line of flOU for each oH'ense!
Refused i)ermis»iion by the collector at Stmris, P. E. I., to buy provisions, and
wa-"* comi>elled to return homo September lit, before clows of lishiuj; scison. Wa.s
obli>{ed to report at custom-houso every tinio ho entered a harlior, even if oulyfor
ehelter. Foun«l no regularity in the amount of fees demanded, this being appar-
ently at ♦In- option of the collector. (From statements of Je.sse 8. iSnow, owner
and luasttT, Welltleet, Mass.)

John M. y^ii// (schooner). — I'rovincetown, Mass.; N. W. Freeman, master. Drivenoat
of (Julf of St. Lawren<e to avoid lino of ^400 for landing two men in the port of
Malpetjue, P. E. I. Was «lenied all supplies, except wood and water, in same
nort. (From statements of N. W. Freeman, owner and master, Proviucetoffu,
Mass.)

ZepAi/r (schooner) — ^Eastport, Me.; Warren Pulk, master. Cleared from Eastport,
May :il, IHdtJ, nniler register .'"or West Isles, N. U., to buy herring. Collector re
fused to enter vessel, telling captain that 'f he bought lish, which were plentyat
the time, tho vessel would ho seized. Relurncd to East port, losing ahout aweck,

' which resulted in considerable loss to owner and crew. (From statements ot
Guilford Mitchell, owner, Eaetport, Me.)

Abdon Keene (schooner). — Bremen, Me. ; William C. Keene, master. Was not allowed
to ship or land oew at Nova tecotia ports, and owner had to i)ay for their tranj-

fK)rtation to Maine. (From slatenicutsof William C. Keene, owner and master,
Jremen, Me.)

ITi/Ziam iiccwc (sehooner).— Portland, Mo ; Daniel K\iiball, master. Nntallowedto
ship a nuin or to send a man ashore except fi>r water, at Liverpool, N. 8.. and or-
dered to sea as soon as water was obtained. (From statements of Ileiny Trefe-
then, owner, Peak's Island, Me.)

John Nye (schooner.)— Swan's Island, Me. ; W. L. Joyce, master. After p,iyin<j entry
fees and harbor dnes was not allowed to buy provisions at Malpeiiue, 1', E. I, and
had to return homo for same, making a broken trip. (From statements of \V. L.
Joyce, owner and master, Atlantic, Me.)

Aaa II. Pervere (schooner).— WelUleet, Mass. ; A. H. Gore, master. Entere.l liarlwr
for shelter; ordered o'lt after ai hcTurs. Denied right to purchase food, ttroui
statements of S. W. Kemp, agent, Wellfleet, Ma-ss.)

Xathan Cleaves (schooner}.— WoHUeot. Mass. ; P. E. Hickman, master. Ran short ot
provisions, and, not being permitted tobn ', left for home with a broken voya;;e.
Customs oQlcer at Port Mulgravo, Nova Scotia, would allow ])unha.sn of provis-
visions for homeward passage, hut not to continue fishing. (From stutcmentsot
Parker E. Hickman, owner and master, W^ellUeet, Mass.)

fVrt»iA- O. /iicfc (schooner).- Welllleot, Mass.; Charles A. Gorhaui, master. >ot pw-
mitted to buy provisions or to lay in Canadian ports over t\venty-limiun"f''
(From statements of Charles A. Gorham. owner an«l master, WoHfifiet, .Mass.)

Emilia 0. C'urtln (schooner).— Provincetx)wn, Mtiss. ; Elisha Rich, master. Ni't ai w-';
to purchase provisions, and therefore ol)lig«d to return home, (t rom statomeu
of Elisha Rich, owner and master, Provincetown, Mass.) ,

rifiadea (8chooner).-W^ellfleet, Mass.; F. W. Snow, master. nr'V«'\ '^''l'" ' „, ,,
within twenty-four hours after entering. Not allowed to ship or <'' ''•''"'""* "',,
under penalty of $400. (From statements of F. W. Snow, owner and ni wier,
lleet, Mass.) , „ cintm

Charles I\ ^<iroo,f (seI.o„i.or).-Wellfleet, Mass.; Michael Rurrows, "''•'^t'lf: V'^o
was not permitted to refit vessel or to buy sui.nlics, and when onto f """'
return home. Found Canadians disiM)s«'d to harass him ''>'•• 1''" "',"'" £«.
inconveniences. Not aMowed to land seino on C.madian shore Icr pu pos" ^^^^^
pairing same. (From statements of Michael Burrows, owner ami nia.u ,
fleet. Mass.)

CANADIx\N riSIIEKIES.

983

,st.T, Afteri;ny|n^outrv

Gertie Maji (scliooner).— Portland, Mo. ; I. DoiiKhf y, inastpr. Not allowed, thc-.igb pro-
vided -with pormit to touch and trade, to piircliasn fresli bait in Nova Scotia, and
driven from harborH. (From frtatoments of Charles F. Guptill, owner, Portland,
Mo.)

Mami'ft '"• 'S''"'"' (schooner).— Portland, Me.; Lincoln W. .lewott, master. Twice
"compelled to return homo <'^"vi Bay of St. Lawrence with broken trip, not being
nl)lo to secure provisions to continue fiHhinjr. Incurred many i»etty iuconveniencea
in regard to customs regulations. (Froin stt-'omeuts of^V. M. Smitli, owner,
Portland, Mo.)

FMeM. Smith (schooner).— Portland, Me. ; Enoch Bnlpjer, luaster. Came home with
liiilf fare, not beiufj ablo to fret ])rovi8ions to ccmtinuo lishiiijj;. Lost seino in a
liravy galo rather than bo annoyed by customs re;;ulations when seeking shelter.
(Froiii Btatements of A. M. Smith, Portlaixl, Me.)

I'aniiu! J. Siiurliiiii (schooner).— Portland, Me.; Caleb Parris. master. Subject to
many annoyances, and obli<;ed to return homo with a half fare, not beinjj'ablo to
procure provisiiuis. (From statements of A. if. Smith, owner, Portland, Me.)

Cfli'Wod /Wt (scho(mer).— Booth Bay, Mo.: Seth \V. Eldridgo, master. Occasioned
considerable expeu.se by beiu<; denied ri;;ht to procure crew in Canadian harbors,
and detained in s])rinj? while waitiufj; for iiu-n to come from N(.'V:i Scotia. (From
statements of S.Nickersou ct Sons, owners, Booth Hay, Me )

Ahhic M. Dcering (schooner).— Portland, Mi'.; Enu^ry Gott, uuistcr. Not being able
to procure provisions, obliged to return hon»> with a third of a faro of mackerel.
(From Btatements of A. M. Smith, owner, Portland, Mo.)

Cora ioHJsa (schooner). — Booth Bay, Me.; Obed Harris, master. Could get no pro-
visions in Canadian ports and had to return home before getting full faro offish.
(From statemeutsof S. Nickerson & Sons, owners, Booth Bay, Me.)

lien Dale (schooner). — North Haven, Mo.; R. G. Babbidgo, master. Not permitted
to buy bait, ice, or to trade in any way. Driven out of harbors, and unreasonable
restrictions whenever near the land. (From statements of K. G. Babbidgo, owner
and master. Pulpit Harbor, Me.)

Ckr/c«ira»Ae/i (schooner). — North Haven, Me. ; Daniel Thurston, master. Obliged to
leave Gulf of St. Lawrence at considerable loss, not being allowed to buy provis-
ions, (irom statemcnta of C. 8. Staples, owner, North Haven, Me.)
Willie I'arkman (schooner). — North Haven, Me. ; William PL Banks, master. Unable
to got supplies while iu Gulf of St. Lawrence, which necessitated returning homo
at great loss, with a broken voyage. (From statements of William H. Banks,
owner and master, North Haven, Me.)

[ D, D. Geijer (schooner). — Portland, Me. ; John K. Craig, inaater. Being refused privi-
lege of touching at a Nova Scotia port to take on resident crew already engaged,
owner was obliged to provide passage for men to Portland, at considorablo cost,
causing great loss of time. (From statements of F. H. Jordan, owner, Portland,
Me.)

[Gooii Tem/j^or (schooner). — Portland, Me.; Eliaa Tarlton, ma.stcr. Touched at La
Have, Nova Scotia, to take on crew already engaged, but was refused privilege
and ordered to proceed. The men being indispensable to voyage, had them de-
livered on board outside of three-milo limit by a Nova Scotia boat. (From state-
ments of Henry Trefethen, owner. Peak's Island, Maine.)

|JddiflDnrirf8on (sc'hooner). — Wellfloet, Mass.; John D. Snow, master, Jur.. '?, 188G,_
touched at Capo Island, Nova Scotia, but was not permitted to take on part of
crew. Boarded by customs ofticer and ordered to sailwithin twenty- ''our hours.
Not allowed tobuyfood in portson Gulf of St. Lawrence. (From statements of
John 1). Snow, owner and master, Wellfleet, Mass.)

UUceP. Uiggina (schooner).— Wellfleet, Mass.; Alvin W. Cobb, master. Driven from
harbors twice in stress of weather. ( From statements of Alvin W. Cobb, master,
Wellfleet, Mass.)

|Ci;no«iirc (schooner).— Booth Bay, Me.; L. Rush, master. Was obliged to return home
before securing a full cargo, not being permitted to purchase ijrovisions in Nova
Scotia. (From statements of S. Nickerson & Sons, owners, Booth Bay, Mo.)

^M\ad (schooner).— Lubcc, Mo. ; Walter Kennedy, master. Presented fiouticr license
(heretofore acceptable) on arriving at St. George, N. B., but collector would not
reeo-;nizo same ; was compelled to return to Eastport and elear under register be-
toro being allowed to purchase herring, thus losing one trip. (From statements
pt Walter Kennedy, master, Lubeo, Me.)
«"i»o J. Groin (schooner).— Provincetown, Mass. ; Joseph Hatch, jr.. master. Took
permit to touch and trade ; arrived at St. Peter's, Capo Breton, iu afternoon of May
19, 1*S6 ; entered and cleared according to law ; was obliged to take inex]>erienced
men lit their own prices to complete tishing crew, to get to sea before the nrrival of
a seizing ofllcer who had started from Straits of (.'anso at 5 o'clock same afternoon
m search of vessel, having been advisetl by telegiaph of the shipijiug of men.
(Irom statements of Joao[)h Hatch, jr.. owiior and uuister, Provincetown, Jtlasa.)

\>

984

CANADIAN FISHERIES.

un

Lottie E, //o/»AiM«(s<lio:)n('i).— Viiiiil TTavon, Mo.; EiiioryJ. Ilojikins, niii Rcfiiioil

IxTiniNsion to buy any rtrticlo of food in Cutiatliuu ports. Olttui.pd Hlidtcr in
inrborn only by (Miicring at oiiHtorn-hoUH«\ (From 8t,<iteiuont of Emory .1. Hnn.
kin«, o\vin>r aii<l iiuiNter, North Haven, Mo. ' " '

Floriue F. yickemon (Hchoonor). — Chatham, Maiw.; Nathaiiiol E. EUlridnc, nia.Hfor. En
jittgod liMhorinun for vossel at Livofpool, Nova Hcotia, but action of (aiijuiia,,
GovornuuMit noccssitatod tlio payir^ of thoir trannportation to tlio rnittd iStates
and I088 of ti mo to vcshoI while avvai 'm^f thoir arrival ; othi-rwiHo would l)';>L-oaii"ii
ft)rtli«ni on way tolishinpijjrounds. Koturnin>j, toncliod at LivcrpiMd, luit immedi-
ately on anchoring, Canadian olllciaIscamoal)oar<lan<l rol'uMcd iitiimiHsiunliirmen
to go awhoro. Captain at oiioo signiliod his intontio" of innnt'diiiti'ly prmwdini'
on pansajjo, bnt otlioor provontod his dopartnie >intil he had rcportpd iitnistom"
houHo, vi-ssol bt'ing thereby detained two daya. (From statenifiit of Keudrick &
Ijoarso, owniTH, South Harwich, Mass. ")

B.H.Ji (bloop). — Eastport, Mo.; Georgo W. Copp, master. Obliged to discontinne
bin.newj of bnying sardine herring in New Hruimwiek ])orts for Kiistportcau-
neriiM, a.s local customs regulations were, during the soaHon of IHdii, madosoex-
acting that it was impossiblo to comply with them without riHJi of t ho livli be-
coming stalo and spoiled by detention. (From Htatoments of Goorgo W. Copp,
master, Eastport, Mo.)

Sir Knight (.schooner). — Sonthport, Mo. ; Mark Rand, master. Compelled to]i:iy trans-
liortaiiini for crew from Nova Scotia to Maiijo, the vessel not being allowtd to
call at Nova Scotia ports for theui on her way to fho liHhing grouuds. (From
statements of Willijim T. Ma«ldoeks, owner, Southport, Me.)

Uncle Joe (schooner.) — Southport, Mo.; J. W. Pierce, nnister. Compelled to pay
transportation for crew from Nova Scotia to Maine, the vessel not bein;,' allnwed
to call at Nova Scotia ports for them on her way to the ilshiiig groundH. (From
statements of William '. . Matldocks, owner, Sonthport, Me.)

Willio G. (schooner.) — Southport, Mp. ; Albert F. Orne, master. Coinpelled to pay
transportation for crew from Nova Scotia to Maine, the vcs.sel not iieinj; ailnweil
to call at Nova Scotia ports for thorn on lier way to the tishiiig grounds. (From
statements of William T. Mmldocks, owner, Southport, Mo.)

Lady Ehiin (schooner). — Southport, Mo. ; George W. Pierce, master. CimiiMJled to
pay transportation f«>r crew from Nova Scotia to Maine, tlio ves,sel uot being
allowed to call at Nova Scotia ports for them on her way to the lisliing grounds.
(From statements of William T. Ma<l<locks, owi^er, Sonthport, Me.)

John II. Kcnmdii (schooner). — Portland, Mo.; David Dougherty, master. Called at a
Nova Scotia port lor bait, but left without obtaining same, fearing .wiziire and
fine, returning homo with a broken voyage. At a Nowtonudland port wiis ebarged
$16 light-house duos, giving draft on owners for same, whiili, licini,' cxeeaiive,
they refused to pay. (From statemeuta of E. G. Willard, owner, rortiund, Me.)

ii'ijpJey V^jjf* (schooner). — Southport, Mo.; C. K. Hare, master. Ves.sel ready to sail
when telegram from authorities at Ottawa refused permission to touch ut Cana-
dian ports to Bhii» men ; consequently, obliged to pay for their transportation to
Maine, and vessel detained while awaiting their arrival. (From stateuieutaol
Freeman Oruo & Son, owners, Southport, Me.)

Jennie Armsironn (schooner).— Sonthport. Me.; A. O. ^Yebber, ma.ster. Vessel readyto
sail when telegram from authorities at Ottawa refnsi'd perniissiou to tonehat
Canadian ports to ship men ; consequently, obliged to jiay fcV 1 heir transportation
' detained while awaiting their arrival. (From statements ot

to Maine, and vessel

Freeman Orne «fe Son, owners, Southport, Me.)
Faw^/uard (schooner). —Southport, Me. ; C. C. Dyer, master

Vessel ready to sail when

"telegram from authorities refused permission to touch at Canadian ports to ship
men ; consequently obliged to pay for their transportation to Maine, and vessel
detained while awaiting their avrival. (From statements of Freemau Orne &
Son, owners, Southport, Me). ,

Electric timh (schooner).— North Ilavon, Me. ; Aaron Smith, ninster. I liable too •
tain supplies in Cana<lian ports and obliged to return homo betore el)laiimi«i»'i
cargo. ( From statonu'uts of Aaron Smith, master and agent, Nort h Haveu, m)

Daniel iimmunn (whoonor).— Swan's Island, Me. ; John A. Gott, master. ^<""1'^ '""
to go without necessary untit while fishing in G"lf of St. i.amvnce. (t
statements of M. Stimpson, owner. Swan's io-..na, J!o.) .. , .

Grorer Citrtland (schooner).— Hoston. Mass. ; Georgo Lakeroan, master, ^."'"l"'^
return homo with only partial fare of mackerel, being rotu^-;a8Ui)plieH mcauaui.
ports. (From statements of H. F. Do Butts, owner, Boston, Mass.) .

Andrew liurnham (schooner).— lioston, Mass. ; Nathan F. Blake, master, ^'^"''"j ,
to buy provisions, or to land an<l ship fish to Uoatou, thereby losing vaiiiauie
for fishing. (From statoraonts (»f B. F. De Butts, owner, Bostou, Mass.;

CANADIAN FISHERIES.

985

rt by
ChiH-

Jlarri/O. French (Holionncr).— Oloncostor, Maws,; John ChiHliolm, inasfiT. ncfimod
liiMiiiission topnn^haHeaiiy provisions or to landcar^fo for Hliipnicnt to tlit) rnitt-il
States. (From stateniwats of John ChiHliohn.ownor and .naHtcr, Ulonccsttsr, JIuhh.)

Col.. 1. II fVent'/i (sclioonor).— Oloncoster, Mass.; William Harris, niastor. • Was ro-
fustid pennismon to imrchaHO any Hupplii«H, or to forward lish to the honxi jiort by
ii-amcj, cansini? inueh loss of tinio andunont\y. (From statcnuints of .John Chi.s-
liolin, owner, (Jloneester, Mass.)

ir. 11. IViUinfiton (schooner).— (Jloncester, Mass. ; D. S. Niekorson, master. Was re-
fused permission to pnrehase any snpplies, or to forward fish to tho homo yxirt by
Hteiimer, eansinij iniieii lo.ss of time and money. (From btatementHof John Chis-
lioliii, owner, iJloneester, Mas.s.;

Ualph //o(/,';(/oM (sehoonor). — Gloucester, Ma.ss.; Thomas F. Hoilgdon, master,
(used i)ermission to imrehaso any HUpi)lieH, or to forward tish to the homo po
steamer, eansiiiR mneh los.s of time and money. (From statements of John (
liolni, owner, Gh)ncester, Mass.)

/7(((/i(/!''ir/.'/«(f«'l"""i«'r}.— Gioneostor, Mass. ; James A. Cromwell, ma.ster. Not allowed
to buy any provisions in any provineial ports, and thereby eomi)ellcd to return home
(Inrin;? the lishinfj feason, eansinj? broken voyage ami ^reat loss. (From stato-
lueiits of .JanioH A. Cromwoll, owner and master, Gloucester, Mass.)

Emma II". Brown (schooner). — Gloucester, Mass. ; John McFarland, master. AVasfor-
liidden Ijuying »'iy pr'nisions at provincial ports, and thereby lost three weeks'
time, and was com; .led to return liomo with only jiart of cargo. (From stato-
iiients of John McFarland, master, Gloucester, Mass.)

.1/(07/ '^- TliomaH (schooner).— Ghmcoster, Ma.ss. ; Honry JJ. Thomas, master. Prohib-
ited irom buying provisitms, and, in consequence, had to return home before close
of tishiug season. (Fnmi statements of Henry B.Thomas, owner and master,
Gloucester, Mass.)

llattie B. West (schooner). — Gloucester, Mass. ; C. H. Jackman, master. Prevented
lron> buying iirovisions to enable vessel to continue lishing. Two of crew de-
Kcrted in a Canadian jiort, and captain went ashore to rejxirt at custom-house
and to secure return of men. Was delayed by customs ollicer not being at his
post, and ordered to sea bylirst oflicer of cutter Ilowlett before having an oppor-
tunity of reporting at custom-house or of finishing busines.s. Had to return and
report on same day or bo subject to line. Provented from shipping men at same
place. At Port llawkesbury, Nova Scotia, while on homeward passage, iu>t
iillowed to take on board crow of seized American fishing schooner Mofo Castle,
who desired to return home. (From statements of C. H. Jackman, master, Glou-
cester, Mass.)

fV/id .3/aud (schooner).— Gloncestor, Miiss. ; Goorgo IT. Martin, master. Provided
with a United States permit to touch and V"ide, entered Tignish, Prince Edward
Island, to purchase Bait and barrels. Was prohibited from buying anything.
Collector was offered permit, but declared it to bo worthless, and would not ex-
auiino it. Vessel obliged to rotTira home for articles mentioned. On second trip
was not permitted to get any food. (From statements of George H. Martin, owner
and master, East Gloucester, Mass.)

Mn W. Bray (schoQiier), — Gloucester, Mass. ; George McLean, master. "On account
of extreme prohibitory measures of the Canadian Government in refusing shelter,
supplies, and other conveniences, was obliged to abandon her voyage aud come
lioino without lish. (Fiom statements of John F. Wouson & Co., owners,
Gloucester, Mass.)

IhnriiW. LongfeUow (scliooner).— Gloucester, Mass.; W. W. King, master. Obliged
to leave to Gulf of St. Lawrence with only Cri barrels of mackerel, on account of
restr.ctions imposed by Canadian Government in i)rcventing captaiu from pro-
curing necessary supplies to coiit'nuo lishing. (From statements of John F.
Wou.son & Co., owners, G'ouccster, Mass.)

PiUtliUght (schooner).— Gloucester, Mass. ; James L. Kenney, master. Compelled to
leave (Julf of St. Lawrence with only DO barrels of mackerel, because of re-
strictions imposed by Cau.-idian Government in j)rohibiting captain from pnr-
I'liasing supplies noiMlod to continue lishing. (From statements of John F.
WouNon & Co., owners, Gloucest^'r, Mass.)

MkFruiikUn (schooner).— Gloucester, Mass. ; Henry D. Kendrick, nuister. Obliged
t'-. leave Gulf of St. Lawrence with 15G barrels of nuickerel, on account
Btrict
procure
Bon

)f re-

rictions imposed by Canadian Government in denying to captaiu tho rigut to.
ociire necessary supplies to cont inuo lishing. ( From statements of John F. Won ■
n & Co., owners, Gloucester, Masn.)

' ^1

i> £
i

t

\ ■■

Is

986

CANADIAN FISHERIES.

Jftponint (scliooiicr).— HoHtoii. MiiHu. ; K. S. Fi^f, nmstiT. AngiiHt 27, IM], amlinrcil
ill I'ort IliiwU»'Hl)ury, ('. K., ami imnuHliiitoly reporttnl nt cuHtom-lioiiHt>. Dcinir
Hliort «)f jiroviftioiiM, iniinter unke<l «"(»ll»M;tor lor ptTiiiiiMi. » to ]»iiy, Imt wastwicn
r^t'llN('d. i'lic iniiMtiT c^^ireHMiiiK liin iiitvutioii of Hvciiig th'j Uiiiti-il Stulftt enimiil
at I'ort lliiHtiii;''*, V. M., :i niilfH ilintuiit, tlio cimtoiiis olDcer fuitxitln liim land
itig nt tliat iiort to m-o i\w coimiil. llu«li(l ho, liowovt-r, hiiw tlic cohniiI, Imt could
i{i>t no aid, tiit> consul Htntiiig tliat it' nroviHJoiiH woro t'liriilHlu'd the vinscI wuiild
iio m-izod. MiisttT Iti'injr Hick and wi.shing to n'tiini homo by rail, at tlicHiigjien.
lion <it' tlic coimiil lie landed Hccrctly uiid traveled tliroiiirli tliu '•voodii to thuHta
tion, 'A niilcj* distant. (Troin HtateiuontHuf E. S. Fryo, owner un«l master, Uostoii,

.*;A=

Senate Report No. 1981, Forty-ninth Congress, second aession.
IN THE SENATE OF THE UNITED STATES.

Febkuauy '28, 1887.— Ordered to bo priutod.

Mr. Edmunds, Mr. Ekyk, aiid Mr. Mougan, iiuniiij-^ors on the \r.\rt of
the Senate on the di.safjreeiiifj votes of the two houses on th»^ aniend-
ineut of tlie House of Kepresentatives to the bill (S. 3173) to authorize
the Tresident of the Unite«l States to j)roteet and defend

. the rijjhts

of American lishiiijj vessels, American tishennen, American trading
aud other vessels, in certain cases, and for oth(;r
the following;

RE POUT:

Mirposes, submitted

The managers on the part of the Senate of the couference on the dis-
ngieeiiig votes of the two liouses on their disagreeing on the amendments
juoposed by the House to the bill (S. 3173) respecting the fisheries, re-
spectfully report that the bill passed the Senate on the 24th day of
January, 1887, aud on February 23 was returned from the House of ilei)-
resentatives with an amendment striking out the whole of the Senate
bill and proposing one entire House a,mendment in its place.

On the 24th the bill was laid before the Senate, and the Uonee amend-
ment was disagreed to and a committee of couference asked and the
papers ordered to be printed.

On the 2otli instant the House agreed to the conference, and on the
L'Otli the managers on the ])art of the House met the Senate managers
in the afternoon of that day, and the differences in the views of the
two Houses fully discussed. The House conferrees did not object to tho
Substance of any part of the bill as it passed the Senate, so lar as it
goes, but the tirst part of the first section of the House amendment
undertakes to restate the enumeration of the cases and injuries men-
tioned in the Senate bill by entirely dropping the classifications or
groups of vessels made in the Senate bill, aiul to bring all vessels of
tlip United States, of whatever character or class, within one definition.

The ground on which the Senate bill went in this respect was that
United States fishing vessels purely had their rights regulated and
measured by the treaty of 1818, as having the absolute right of fishing
inshore in certain ports of the marine territories of the British domin-
ions in North America and being prohibited from fishing in other ports,
but still having the right to enter those other waters for the purposes
enumerated in the treaty, and not to be abused witti a view to fishing
in prohibited waters.

The seco!:d clas.siftcation of United States vessels made in the
Senate bill covered precisely the same vessels, but having alsp a com-
mercial (character obtained by having not only a license to fish, but also '
under the laws of the United States a permit to touch and trade in for-
eign ports, and which, therefore, in their character as trading vessels,
"•ould not, as it was thought, be under the i)rohibitory provisions of
the fishery treaty of 1818.

988

AMKUICAN FIsIIKRIES.

Tlio tliinl i-liissiliciition covt'ird all otluT vessoKs of tlu' UniU'd States
not fulling' within the two pn>c»'(liii;jj cImhsi's.

It was tlioii^'lit l».v tlu' StMuiti', ill passiuK' Hit^ bill in ticit I'orin, tlmt i
inoro cloai nndrrstandinjx conld be had of its application ami nilorci
nicnt IhaJi il all thr vi's.s<'ls had been niasKcd nnilcr one (k'sciiiition
Tlie Sonatt' bill then i)nM',t'»'ded to jirovijU' for vasvn not nn'icly of tin
denial of treaty rij;hts to purely lishinj^ vessels, or the ileiiial (it Imvfui
trsidin<r rifjhts to hshinK vessels (»therwise to toiu-h and trade or lawful
rifjhts to i)urely trading; vessels, but to include also unjust vexation niid
harassnuMit as well as exclusion from riyhts to trade accorded to the
vessels of tlu' nmst favored nation.

The House amendment applicable to the whole of this part of the
«jnbject i)urports to jjrovide l(,r the eases of vessels of the IJiiiicd Statcv
which ''aredenie<l in the ports or territorial waters of the Uritislnld
minions in N(uth America rijjhts to which such vessels are eiititlt'd liv
treaty or by the law of nations or are <lenied the comity of treatnuMiriii
tbo reasonable jniviletjes usually aceonled between lie'^dihorinj,' and
fri«'n«lly nations.''

It is, with jireat n-spect to the House of Representatives, tlioii^rlithy
the Senate niainij^ers of the conterenee tliat this provision is not iicaiiv
so adequate to tlie condition (»f affairs as tin- ])rovisious of the Hoiiatt'
bill which have be<n already described. There is no treaty iiiexistcmt'
between the I'nited States and Her Majesty's (loveriiment on the sub
ject ot the trejitment of American vessels in Uritish Noitli Ainciican
waters or inuts, other than the provisions alrea<ly referred to (oiictrii
ing purely fishinji vessids and contained in the tieaty ot iSlS, witli |)i).s
sibly an exception as it respects one or two particular ports, and witii tin
exception of suidi provisions as are (contained in the treaty of lS71,\vliitii
provisions in this last-named treaty are in these respects not applicableto
the now existinj; dilliculties. What positive rijjhts " the law ofiiatioiis"
mentioiu'd in the House amendment United States vessels t'litcriii;'
liritish North American waters are entitled to the Senate niaiiafjcrstliiuk
it would be somewhat difficult t(» detine or explain. lM)r, it isluiievcil.
by what is called the "law of nations" no vessel (jf the Tiiited lState>
would have a right to enter British waters at all other than undi'i an
implied and tacit consent of the sovereign of that country, which could.
at any moment, be positively withdrawn consistently with the iiikIii
stood sovereign rights of all nations. The Senate managers, thiretbic.
think that this delinition, nieasure<l by the law of nations, is really not
much more thanudetinition measured by the will of the British Govtru
mcut BO far as exclusion or the regulation of conduct in such waters
might happen to go.

The next phrase in the House amendment proposal to take the place
of the enumerations and descriptions nn itioned in the Senate bill pui-
ports to provide for cases in which American vessels "are dt'iiii'd the
4'omity of treatnient or the reasonable privileges usually aoconled be-
tween neighlmring anil friendly nations."

The Senate numagers are of opinion that this phrase, so far as itap-
jdies to ])urelv lishing vessels, nniy go beyond the treaty rights ot sucu
vessels as measured by the treaty of 1S18. Whether the phrasewas
inteu(le<l to include treatment and reasonable privileges secured be-
•tween neighboring and friendly nations by treaty such as exists in
respect of IJritish vessels of Her Majesty's dominions in Kiuope "i
waters of the United States and Anjerican vessels in Kuroiiean l.ntihU
waters does not ai>pear to be at all clear. It' it be meant to cover sue"
cases, then the provision would be entirely inapplicable to the case »»

AMKUICAX riSHEKIKS,

980

tho Uiiiti'tl States

I tliiit lbrin,th;it a
it ion ami cnl'om'-
•r one (U'Sfii|itioii,
not iiu'it'Iy (tf the
n' denial oi lawful
inl tradt' <>r lawfiii
mjust vexation and
«le jUHionU'd to the

if tills iKirt of the
if till' United States
sof the Hritislnlo-
is«ds are entitled by
nityof treatment (11
III iie'iiliboring ami

itatives, tliounlit hy
)vi8ion is not nearly
isions of the Senate
lo treaty iaexisteiiee
ernnient on tlie sub
ish Noith Anieiiiau
referred to conccru
Illy of I Sis, with ims

ir'poi't-'''-""'^^'^'"'"'
treaty of 1ST l,\vliidi

eets not ai>|'li<'i'f»l^'^',;
'' tlu' law of nations"
tes vessels entering
>nateinana>iers think
. For, it is beiievctl.
of the I'nited States
other than un-lev aii
eountry, which eouKl,

ntly with the nnder-
managers, therefore,

nations, is really not
,f the British Govern-

iiduct in such waters

psed to take the place

» the Senate Inllpur-

ssels "are denied he

usually accorded be-

lnaso,sofara.sitap;
treaty lU'litsotbiuh

.tucr the phrase ^a^
.jviletjes secured!) ;
vtv such as exist.

,i„Kuroi.eaul.i> J

meant to cover ^all^

ieable to the ca.e i«

II

Iiaiid. If it ho meant to iniilu* the test that of tliecoiidnet of iiei^'libor-
iii;,'and friendly na'ionsin tlio uhsenreofu treaty eoneerniiif; the respect-
ive ri^Ids of their vessels in the waters of tin^ <)thei-, then tlio casoH oc-
cnrrin;' in tlie hist year of tho treatment of Anieriean vessels in Hritisli
waters (d'Nortli Anionea mifrht \w eoisidered the srandard to which
litis laii^naf^e would apply, for (Jreiat r.ritain is, in respect of herdoiniu-
ions of. North America, a neijjhborinf;, and, in a pnblu! s«>nsc a friendly,
nation. Unt if it were taken in jjeneral as applied to f'c {general good
iit'ijihhorhood of nations, the standard would jjrobably vary more or less,
whatever country should be resorted to for findinjj the measurement of
administration in re;;ard to foreign vessels.

lint, as has been before stated, the House managers, so far as wo can
understand, do not appear to llnd fault with the substance or the eavsen-
lial i)liraseol(»gy of the Henate bill.

The irreconcilable point of «litterence between the managers on the
jtart of the two Houses is the insistance, on the part of the House man-
a;,Mis, upon adding to the scope of the Senate bill, and so going beyond
it. the further provision that, in case of injurious treatment to our ves-
sels in r.ritisli North American watier.s, it sjnill be within the competence
(if tiie l*resident of the United States to absolutely stop intercourse not
only hy water, but by land, between thoi)eoplo of the United States and
tiu! people of the British territories adjacent, thus absolutely cutting off
the continuous movement of railway traint from the British I'lovinces to
any part of the United States, and, in effect, reciprocally from the United
States to British dominions, either on the northern border of Minnesota,
at the liver Saint Mary, at Tort Huron, at Detroit, at (rrosse Isle, at
lUirt'alo, at Niagara Falls, at Rouse's Point, at Highgate, Franklin, Rich
ford, Troy, I)erl»y, and Norton, on the northern border of Vermont, and
on the northern and eastern borders of Maine ; at all of which places it
is niulerstood there now exist interior railroad lines crossing the bound-
aries of the two countries — in some cases operated and practically owned
by British subjects, and in other cases operated and practically owned
by Aunnican citizens.

The Senate managers have felt A to be a duty to decline to go to this
extent, and have thought it to be clear that the provisions for the pro-
tection of American interests set forth in the Senate bill, and in that
liart of the House amendment applicable to any British violation of the
treaty of J 877, are entirely adeipiate to the peaceful end in view, and
that there is no jueseut justilication for reposing in the Executive this
further enormous power i)roposed by the House of Bepresentatives in its
auieuduient, and insisted upon by the House managers.

it seenjs clear to the Senate managers, and has not been controverted
by the House nuumgers, that the things the President is authorized lo
do by the Senate bill in the cases named are none of them in deroga-
tion, either directly or indirectly, of any treaty right, or of the peaceful
Itusiness intercourse of nations, but that this Government in these re-
spects is absolutely free to act in the manner proposed without being
subject to the imputation that it is either in any way infringing thi'
most liberal interpretatDU of any treaty or doing any act that nations
It peace have not hitherto found themselves from time lo time justitied
in doing, not in a si>irit of belligerency, but merely as a matter of counter-
vailiug business regulations.

The Senate managers offered to the House managers to add to the
Senate hill the provision contained in the House amendment i)roviding
that, if th<?re should be any violation of Artiide 29 of the treaty of 1871
"Utile part of Great Britain, the President should be authorized uecip-

UDO

AMKKICAN FI3IIKRIKS.

rocjill.v f»> winulraw iVom nritidhanhjuctH the iMMU'lltHofflic siimcnrtitle
with certain i'lianK«'*< «»'' phiaHcnlogy, wliicli, it in iiiult-rstcMMl, WL-iesntis-
factory to tlic House inana;(crs.

TIm' Senate iiiaiiaj;ejM also expressed tln'ir williii;rries,s to acci'di' to
the tliii«l section of tlie Ilonsi^ amendment, altlnaiijit the piopriit v uf
its form and substance is open to very eonsiiK'rable (piestion.

The result of the <'onfenMn'i<, therefore, has been that the Ihmscdf
Hepresentaiives, thrtMi^h its mana^^ers, not obj«'ctin{^ to the Sciiatcljill,
but desiring to add a new and enlarpMl provision to the Senate hill mid
toadopt measures additional to thos(> mentioned in the Senate Itijl, ud
not net'essaiily depen<hMii thereon, and the Senate mana;,'ers uiiwillini;
to ^oto that extent, and MO disa^.eeiuK to th«' House proposition, (Iccliim
to make evi'U the provision that hasjKissed the Senate in respect ot'tln
subject i>f the protect n>n of our lishinj; ami other vessels, and to wiiich
tbo II0U8U nuikes no obje<*tion so far as it jjoivs, unless the Senate will
i'onsent to make further h';;islative provisions which it oclievcs to be
unwise. It would seem needless to say that such a pretension, niade h\
one of two coordinate lej^islative bodies, is (piite untenable.

The essential principle upon whic-ji the two houses have almost aiii-
versal'y i>if her; to acted, and without which no lej^islation whatever coiiM
be accomplished when tlu're was not perfect Jiccord on all points, has
been that when either house proposes h'gislation that is satisfactory to
the other so tar as it p>es, and the other house desires to {jo luitber
and make al!<iiiiative atid additional law, if it cannot convince its cu
onlinate bodv that it is desirable to ^jro further, the house

l)r()p

the

allirmative a<lditional ley;islatiou nuist recede. This prineiple is vitally
im[>ortant to the independence r 'ach house, and so indispensable to

the juactical le^iislation of the
lelt it to lu^ a paramount duty t

'ry that the Senate niana;;ers havi
.se to accede to this t'lutlu'i' Iloibc

j>roposition. both as unnecessary and unwise, an<l as in den»;,'atioii d
the e(iual ri;;hts of th«' two bodies.

The Senate manai,'ers have felt it to be a duty in this important mat-
ter to report this state of thin<js at once to the Senate lor its int'oi'miitioii.

(JEO. F. KDMUXDS.

WM. i\ I'KVK.
JNO. T. 3I0HGAX.

T)

i^. 1 i s

«fs

jMVrHCoNnRESS, I

[ Id Stufiion. )

S^iiJNATE.

j Mis. Doc.
I No. 109.

r 1

I', u

IN TllK SKNATK OF TIIK UNITKI) STATES.

this iuipoitaiit mat-

May 10, IrMH.— Iiijiitictioii o( Mwrnoy rtiiiiovtitl ami onhM-od to hu itrintml.

May 7, 1888.

jnii Kdmunds, from the ( 'omjiiittce on I<W«'ij;ii ItoliitioiiH, miltmittod

th« l'olU)wing

RE1»0RT (KaFcutivk No. 3)

ON Tin: THHATY (KX. M.) HKTWKKN THK UNITED STAPHS AND (JUKAT
HKITAIN, CONCKKNINf} TDK INTKKI'KF.TATION OK TIIH ('ONVKN TION
(IF ()(T()HK!{ -JO. IHIH, SKJNKD AT \VASIIIN(;T0N rr.HRrAliY i:.. IHHH;
WIIK II. nxJF.TIIKK WITH THK VIKWS OF TIIK MINOIUTY ON TIIF SAMK

[SlilUKCr, SUHMITTFI) IVY MR. MOHOAN, WAS OKDFKKI) TO HK I'KINTKD

jINlONV'IDKNUK FOR TIIK UHK OF TIIK SKNATE.

ihfConimUtec on Foreign Relatioufi^ to which was referral the mesMnge
of the PreHi(ler<t of the United States of thc'JOth Fehruari/ laxt, trans-
mittinfi a proposed aty hetween the I'nited States and (Irent Hritain
mncmiiufi the interpretation of the convention of the ^iOth October, liSlH,
Mf/H(r/ «/ Washington February l/i, 1X88, respectfully reports :

'That it lias had the said i)roi)OHe<l treaty under careful and deliiieriite
iisidcmtioii and tiiat it retnrnH heiuwith a re.sohition in the ordinary
rill lor its ratittcation, with the expression of its opinion that sai<l
fioliitioii ou^lit not to be adopted.

As |ir«'Iiiiiinary to a consideration of the te.vt of tlio treaty itself in

I viuimis aspects, the committee thinlis it proper to jjive a l)rief t6-

nuioftlie liistory of the fisheries ipiestion and othiT matters rehitin};

|tlu' iiitcniourse between the United States and the British domin-

^H of North America having more or h^ss rehvtion thereto.

Before the Revolution the iidiabitantii of all the British colonies in

Irt'i America possessed, as a common rij^ht, the rij,'ht of fishinj^ on

tlie coasts of British North America, an<l these rights were, in a broad

hst',i)n,s( riptive and accust-omed rights of property. At the end of the

volution and by the treaty of peaceof 178;J, which adjusted the bountla-

I'ttween the dominious of the two powers, it was (Article 111) —

^Kii'il that the puoiile of the United States sliftU coiitimio to onjoy imniolostetl *lie

M '» take lish of every kind on the Grand Bank and on all the other hanks of

[f"iiii(llaii(i ; also in the Gnlf of St. Lawrence, and at all other places in the Mea

"h' iiiliahitants of both eonntries used at any time heretofore to tish, an«l also

THE FISHERIES TREATY.

that, the inhabiiiUitR of tlit. United S(at»H shall have lihort.v totako tishof cvervk
on such part of the ooaat of Newfoundland ivs IJritish fiNhornuMi slmli use (hut not
dry or cure the Hunie on that iHland), and also on the <'0tt«fH, luiyM, and crceko of
other of liin Hritannic Majenty'H doniiuiouH in America.

This wm a grant or recognition of a propwty right ii{,'m'(l upon on
consideration, viz, the adjustment of the IxnuKhiries and theothere
gagenients into which the United States by tiiat treaty ciitertMl. Asi
thi' open-sea fishing, it was merely a rec^)gnition of a rifjht cominniii
all nations, and as t.o the fishing within the municipal (loininionof fl
Majesty on his coasts, bays, and creeks, it was an agrcciiient that rlies
rights theretofore existing in all Jiritish subject^* sliouidot lifjlitbelou
to those liiitish subjects who, by force of the revolution, had hecoiii
liie citizens of an independent nation; and thus it was, in the ])iirtifio!
of the territory, a reservation in favor of the people of tin- riiifcd State
of a right which they, as Hritish subjects, had thcretotbrc lawfnll;
enjoyed.

From 178.1 until the war of 1.S12 betw«',«ai the two (ouiitrics citizciij
of tlu' I'tiited States continued to enjoy the ancient rights b('li)ii<;iiij
to thiiu as subjects of (Ireat Hiitain before the Kevoliilioii iindresmj
to them as citizens of the United States afti'r it, with the tail fivcdin
setuired by the article last referred to. During tliis piMio^l ot tijii
other subje(!ts of difference and iu»gotiatiou arose hctwocii tlic ts
t'ountries, whiidi were (iisj)osed of by the treaties of 17!I4, with itsej
jdanatory articles, and of 1H()2; but the fishery provision of li'Niw
tinuedto exist un<iuestioned and apparently as having boon, as if
purporte*! to be, a treaty disposing of and adjusting prnpeitv n;;!^
which had become by force of its own op«'ration an (^xe(uit<'(l coiitriiit

The treaty of ;»eace concluded on December 'J4, 181 4, at tlicclosej
the w^r of 1812, provided :

/'Vr«^ for a restoration to each party of all jiounlrics, territDrit^t'lj
taken by either party during the war, without <lelay, savin),' soiiu'ii
tions of islamls in the bay of*Passauiaqoddy.

Secondly, it provide*! for disposition of prizes and prismiorsof«iirl

Thirdly, it provided for (pn-stions of boundary and doiiii'iion re;'ii[
ing<!«*rtain islands and for tlu^ settlement of the nortlicastrnihntiiMnj
and also for the northwesti'rn boun«l:iry, etc It niiwle no rctcrfj
whati'ver to any <piesti<Hi t(uiching the fisheries mentioned iiitlii''"'j
of 1 .8.}.

The commenJa! treaty comdmlcd on the M of July, ISi'.jHlffw'iH
two e4»untries providi'd for re<',ipr(M!al liberty of c^nniicur !«'!«''''"

THE FlSllEUIES TREATY.

lu-it's iiuMitioiuMliiil

the territories of Groat Britain in Europe ami the territories of the
United States, but left without any new treaty stipuhitinu or obligation
cominercial intineoiirse between British douiinions in North America
iiiul tlie I nited States reniaininjj under tlie exclusive control of each.
But after the conclusion of the treaties follow in.i;- the war of 1812,
tliere heiuK then no treaty oblijjations or recii)rocal laws in force be-
twoeii or in either ot the countries respectiiifi; commercial interco'-rse,
the 15ritish Government set up the pretension tiiat the lishinj,^ rights
recognized and secured to citizens of the United States by the treaty
of 1783 had becom*^ abrogated in consequence of the war of 1812,
which, on the principle of the war annulling all unexecuted engage-
ments between the two belligerents, it was contended, annulled the
fishing rights describe*! in the treaty of 1783, and that the citizens of
the United States had, therefore, no longer the right to fish in any of
the liiitish North American waters. This pretension led to the eon-
clnsion of the treaty of the 20th October, 1818, the fisheries article of
which provided that (Article I) — '

WluMcas (lillercucos liave arisen respectin}; tlio liberty, claimed by tlio United

States, for the itiliabitniits thereof, to take, »lry, and euro lish on certain coasts, bays,

liarliors. and creeks of His ISritaiiiiic Majesty's dominions in Anieriea, it is agreed be-»

iivi'f'ii the higli eontnictin;; jtartius that tlio inhaljilaiits of tlie said United States

^liall have forever, in common with the snbjectsof His Uritannic Majesty, the lil)erry

to take lish of every kind on that part of the southern coast of Newfoundland which

I'xtends from Capo Kay to the Kaineau Islands; on the western and northern coast of

NVwfonndlaiid from the said Capo Ray to the Quirpon Isla^nds, on the shores of the

Mii^dahMi Islands, and also on the roasts, bays, harbors, and creeks, from Mount Joly,

I'll the southern coast of Labrador, to and through the Straits of Belle Isle, jind

thence northwardly indetinitely along the coast, without i)rejudice, however, to any

iif the exclusive rights of the Hudson Hay Company : And that the American fish-

<Tiiien shall also have liberty forever to <lry and euro fish in any of tho unsettled

mys, harbors, and creeks, of the southern part of the coast of Newfoundland, above

(lesfrilii'il, and of the coast of Labrador; but so soon as the same, or any portion there-

"f. shall lie settled, it shall nut be lawful for tho said lishermen to dry or cure iish at such

linrtidu so settled without previous agreement for such jjurpoae with the inhabitants,

fcliroprietors, or possessors of the ground. And the United States hereby renounce for-

hver any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry,

[or cure lish on or within three marine miles of any of the coasts, b;»ys, creeks, or

MiiirlMirs of His Itritannic Majesty's dominions in America not included within the

plmvc-iiiciitioned limits: I'rovided, howertr, That the American fishermen shall be ad-

I imticil to enter stich bays or harbors for tho purpose of shelter and of repairing dam-

!'!.'|> therein, of purchasing wood, and of obtaining water, and for no other purpose

j «li it.'v.T. But they shall be under such restrictions as may bo necessary to prevent

t'li'ir talving, drying, or curing tish therein, or in any other manner whatever abusing

ill" laivileges hereby reserved to them.

!i-jM

i

THE FISHERIES TKKATY.

This arrnnfronient divided, and liniitod in lenitorinl extent, tin- fisliin^
riKhts of the iieoplo of the Tnited State.s, that had existed while tliev
were British subjects and had been ieeo};ni/.ed and existed iiiidcrtlie
treaty of peace of 1783 until the war of l.Sl'_>, and it jirovided lor a eon.
tinnance of tlie ancient rijihts of fjshin;; on certain named parts of the
eoasts of British North America, and its ishimls, and in tlieirbavs liar
bors, and ereelvs, etc. It also provid.ed for a renunciation by the I'liited
States of lire existinj; rijuhts to take fish, etc., "witliin .'> marine miles
of any of the eoasts, bays, creeks, or harbors" of Mis Majesty's do-
minions in liritish North America, not inchided within the i)revioii.slv-
mentioned limits, but with a proviso, as a reservation upon (luMviinn-
eiation of the right to fish, that the —

Americ.uii tislieniKMi hIiiiII 1m' iiilmitfed to enter HUtli bavH or liiirl)orsfoifliepiir-
pcM'H ot" slieltor and of rt'imirinj; damages tlierein, of iiiireli:ising wood, miil of ob-
taining water, and for no oilier piiritoHOM \vliat<ner. Hut tliej- sliall be midir such
restrictions as niav lie iiecehnary to prevent their taliinij, «!rying, or eiiriii^' tish there-
in, or in any otlier ninnner whatever ahiisin^ the privile''e« hereby reservcdto tlieiu,

It will be observed that the ancient right continued in all itsforcein
every bay, harbor, ami creek of ti described territory, and tliat there-
•nunciation of the right to fish on other coasts, bays, harbors, and creeks
is in the same language, and is perfe(!tly correlative to the first, ami
that the line of ]»ritish municipal dominion was re(!ognized and stated
to be a lino 3 marine miles from these British coasts, bays, creeks, and
harbors, and that this renunciation was, both in substance and form, a
renunciation (»nly of a right to Jisli and to exercise the incidents of tlie |
lishing,asdrying,etc.,an<l that theproviso to that renunciation admitted
the American tishermen to enter such waiers, bays, and hailiors tor
the specitic purposes necessary to them in their character as tishenneii I
only, and not having the slightest reference, either expressly or Iniiii- 1
plication, to uuy finhituf or other vessid of the United States andsailin!? I
under their Hag, entering any port of His Majesty's «lominions anywiiere |
for any commercial or trading purpose. And these entries intoixiln I
sively^British lishing waters fishing vessels (the (mly ones entitled to I
b<^ there at all) were to be under such restrictions, and such only, as I
should be ne<'essary to prevent their exercising the tisliin;; rij,ditstliat I
had been renounced and abusing the privileges of such entry sore 1
served; that is, by doing the renounced thing, viz, the takinjiandear ■
ingof tish, or violating the British laws excltuling all American tradinf I
vessels. I

THE FISHERIES TREATY,

It is to be kept clearly in view that at the time of the conclusion of
this treaty of 1818, and for twelve years afterward, no Anierican vessel
liiul any right to enter any i>ort of British North America, with the
few exceptions named in the mutual arranjiements of 1820 and 1823.
Iicrcniafter stated. The treaty of 1815 and the IJritish laws and policy
reserved the whole tra<le and intercourse with the ports of these colonies
to her own vessels, and, reciprocally, there was no law or treaty of the
Uiiite<l States which authorized the entry into i)orts (with the excep-
tions stated) of the United States of British vessels from British >7()rth
Anierican ports.

Thus it wav^ that the treaty of 1818 omitted to make any mention of
the ports in the British jnovinces in connection with the arrival or de-
parture of American vessels, either lishinj;' or other, and so it was a clear
and necessary cont^truction c,t' the treaty of 1818 that the arrangements,
conditions, and renunciations therein provided had no relation, one
way or the other, to the exercise of what maybe called commercial
rjijhts by the American lishing or other vessels in the waters or ports
of Ihitish North America, f(u- the status of things was such, that it
conhl not be done in tiie case of any American \essel without regard to
her cliaracter as a vessel engaged in lishing upon the high seas or in
the IJritisli territorial waters, wherein, as was provided, she nnght con-
tinue to fish, or to her commercial character.

The right (except iu the cases before stated) of the British toexclude
such vessels and all others of the United States from her ports in Brit-
ish Xorth America, as the matter stood until 1830, is fully conceded,
and it is also conceded that during that time the only right of any ves-
sel of the United States to enter the watei »f British Xorth America
depended upon the treaty of 1818 alone, and in order to obtain the
benefit of that treaty for such purposes, the American, vessel must
[have been a fishing vessel, and must have resorted to those particular
[waters for some one of the purposes mentioned in the treaty, and no
others.

The foregoing statement is, of course, subject to the Ifmitation im-
h'lied in whatever rights might have existed by the general law of na-
'tioDs ill respect of vessels under circumstances re(piiring the exercise
<'t liniuiuiity, etc. It must be also remarked that at the time of the
i •"iicl.isjon of the treaty of 1818 the ports of Britisii North America
hv, u vi>iy f(>w and far between, and that there coulu be very little mo-
pivc for American vessels, either lishing or other, to resort to such ports

6

T!1K FISHKIIIES TRKATV.

for tlie purposes of trade until tlie I^ritish colonial ])olicy should imv^
been abandoned or very larj^rcly modified.

The nnitter, then, under the treaty of 1818 was a very simple oiic
and can be restated thus:

(1) No American vessel had any ri};ht to resort to l»ritisli North
American ports for any (rommereial or other purpose, and no Liitish
North American vessel liad any right to resort to any port of the
United States for such purposes.

(2) But Anu'riean lisliing vessels had a right to resort to certain of the
coasts, bays, harhors, ami creeks of that part of British Nortii Anierica
described in the treaty of 1818 for all purposes of tishing wliicli thty
liad amnently enjoyed. "

(3) But American lishing vessels, and fishing vessels ««///, li ad also ii
right to resort to all other Ihitish North /.nerican waters for the
special ])urposc8 named in the treaty. ^ ^

(4). The general result of this was, as to American fishing vessels, that
they had, on all the British North American coasts and in all herkiYs
and harbors, the right to shelter, to repair damages, and to obtain
woo<l an«l water, but on certain named parts of the same coasts, etc.,
they had not the right to take or cure tish ; and

(5) As a consequence of the situation end)raced in the British laws
and in that treaty, ihe matter of resorting to llritish North AnR'ricaii
ports either by American tishing or other vessels was fiitirely outside
of and unaifected either wav bv that treatv.

From 1818 forward, until after the reeii)rocal arrangements of 183ii
concerning commerce, it is not known tlmt any serious (lillicultics oc-
curred iu respect of the rights of Auuuicau fishermen piirsuin},' tlai'
calling in those regions of the sea.

Two or three instances only of seizure aitpear to have occurred until
after 1830 and none of those touched or raised the bay or lieadlamls
(piestion. In 1835 the British Government brought to the notice of om
own the complaints of the Canadian authorities concerning alie-edni-
fractions of the treaty of 1818 by our fishermen. These C()ini)laintsdia
uot involve the bay or headlands <piestion or any connnereial (luestion,
and the complaints were immediately attended to by our Governniont
to the satisfaction of that of Great Britain (Hx. Doe. 100, Thirty sixth
Congress, first session, pp. 50 and 58).

THE FISHERIKS TREATY.

])olicy should bare

i a very simple one

III lS38-'3!) there were a few more seizures, but none of them appear
to have raised the bay or headhunls question. One was seized at the
Gut of Canso but released; and none of these seizures appear to have
involved any commercial or trade question excepting the 8hetlan<], which,
boinj;: driven inshore by a storm, anchored, and the master was enticed
into selling a boy who came on board, a pair of trousers and a little tea
and tobacco, for which the vessel was immediatel5' seized, it being evi-
dent that the boy had been sent by the authorities to entrap the master
(Ex. Doc. 100, Thirty-sixth Congress, tirst session, pp. (JoandOiJ); and
excepting the Jfnf7»o/»rt, which purchased a barrel of herring for bait; and
excepting the 7/r(/-/, which, running in to Tusket Harbor in hea\-y weather,
and while the master was on shore procuring wood and water, a Brit-
ish subject asked some of the crew to help him clear his nets. Some
of the crew ai^cordingly went on board the iJritish vessel and assisted
ill clearing the nets, for which the JJritish owner gave two barrels of
fresh herring ; and excepting the Eliza, which, being at anchor in a gale,
(Miried away one of her larboard chains, and ran into IJevet Ilaibor,
and got it repaired by a British S'-bject, and was accordingly' seized.

These instances are specially referred to to show that the bay and
headlands question almost never [iracfcically arose, and that the offenses,
ifdU'enses the}' were, of the seized vessels, were of the most trivial and
!iiiiiiil)ortant character, scarcely worthy the notice of a government.

In 1818 (and before the treaty of that year) Congress passed an act
closing oiir ports against British vessels coming from colonial ports
wliidi were closed against vessels owned by citizens of the United States
(Stats., vol. 3, p. 4;>2) ; and in 18'J0 Congress passed a supplementary
act ni)on the same subject and upon the same i)rinciple of mutuality,
iippled particularly to British North American ports and certain West
Indian ones (Stats., v<»l. .'J, p. 0011); and in 182.'> Congress passed an act
suspending the former acts so far as they applied to suiulry ports
named— the Cana<lian ones being St. John and St. Amlrews,New Bruns-
wick; Halifax, Xova Scotia; (Quebec, Canada; and St. John's, New-
fouiidlaiul. • ■ ♦.

Hut this act was passed with the condition 'that the enumerated
IJiifish (!(donial i)orts should be open for the admission of the vessels
of the United States, and provided that, if trade ami intercourse
siiould be interrui)ted by the liritish authority in tlioso ports, similar
action shouhl be taken by the President in resi)ect of our own.

The a<'tof Congress of May 21), 1830, i)rovided tor opening of all Amer-
it'iui ports to certain British colonial vessels on a mutual opening of

ij .f

8

TIIK FISIIKRIKS TKEATV.

IJritisli colonial poits to Aincrican vessels. Section L* of that act dc-
elaiod that —

Wlit'never the imrtsof the United StaWn hliuH liave heoii opened, under the iiu-
thority ^iven in the first section of this act, llritiMh vessels and tlieir cargoes shall
be admitted to an entry in the ports of the Unitejl States from the islands, iiroviuees
or eoloiiies of (ireat Uritain, on or near the North Aincricau continent, and north or
east of the liiited i?tate8,(.Stats., v. 4, jt. ViO).

['nrsnant to this act Tresident Jackson, on the 5th of October, 18.50,
in ac'.onlance \\\{h a mutual undei'standing upon the subject with the
(iovernnient ofUreat Jhitain, issued his procluination, ]nittiiiy tliisaet
of l.s:U) into elTect (Stats, V. 4, p. 817). And on tb.o ISth of Novoinbor,
1830, a JWitish order in council was issued, declaring; anion;,' otlui
things —

That the ships of. and lielonj^in;; to, the I'niled States of Amerii a ni.iy iinport from
th».) I'nited States afoiesaitl inl(j the Ihitish possessions abroad <;oods with iiroduconC
those .States, and in;>y export goods from the IWitish possessions ahrond to lieearriMl
to any foreign conntry whatevi-r (Hritish Foreign and State Papers, V. IT, p. ■^lU).

It is dear that under this act of Con;i:ress all Ihitish vessels, without
reffard to their occupation, whether lishiu^jor otiier, coiuinj;' fioni Dritish
North America, were entitled to admission into our i>orts for all pur-
poses of trade and commerce. Canadian tishinj; vessels had the sauie
rij;hts tis any other, for they fell within the jjeneral description stated
in the statute. So, too, reci[)rocally, our tishiii;; vessels fell within the
general <le.scrii)tion of "ships of and belonging to the United States."
liefore this time all Ameiican vessels were excluded fioin IJritish North
American ports with the then recent exception before stated: theu,
umler this arrangement all ships of the United States were to be ad
mitted into IJritisb Xorth American ports. The former aliiio.st aidversal
exclusion was abolished without reserve. If any literal readiii{?ottbis
IJritish order in council can be suggested as of a narrower constriictiou.
it would destroy the mutuality of the action of the two governments
and be unworthy of a government.

Surely no nation not in a state of vassalage would consent that its
citizens or subjects sjjould for a moment be treated in or by another
mition in a less favorable way than it treated the citizens and subjects
of the same class and occu])ation of such other nation.

From the conclusion of the treaty of 1818 down to nearly ISIO, as we
have seen, the incidents of collision or difliculty in respect of therigius
of the purely American tbhlng vessels under that tieaty were com-

THE FISHERIES TREATY.

9

2 of that act ile-

rower construction.

jjiinitively few; ami, ho iar as tlie eoimuitteo is atl vised, such incidents
of (lilliculty as occurred did not arise under any bay or lieadlaiid pre-
it'iisiou of Great Jiritain, but came out of a few American vessels, from
time to time liaviuycome within 3 miUvs of the British North American
sliores. being seizi'fl upon one accusation or another.

Ill the year 1830 the province of Nova Scotia i)assed laws of a more
strintront and unjust cliaracter than any that had existed before, and
III tlie year 1838 that province complained, in an address to the Queen,
<it' American aggression>« and askin<;' for a naval force to prevent them.
It iii)pears that a British force was accordin<;ly i)laced on the British
Nortli American coast and the seizures of American vessels became
iiiiicli more nunterons. (See rei)orts and pa[)ers on the subject, Senate
Y.\. Doc. 100, Thirty-second Con<jress, iirst session.)

It appears from these papers that most of the cases of Briiish seizure
were for alleged violations of the custoujs laws. That others of them
were for violations of the privileges secured by the treaty of 181S, by
coiiiiiig within 3 miles of the shore; and so far as it is known, it was
not inilil the lOth May, 1843, that any American vessel was seized for
lisliiiig more than 3 miles from the shore in a bay indenting the British
Xorth American coast.

But in the diplomatic correspondence of that period the pretension
was asserted by tiie British (iovernment that bays n)oie than (J miles
wide, and of imlelinite widtii, if bays indenting British shores, were
witliiii the exclusion of the treat}' of 1818, and under this pretension
the American lishing vessel Tlie Washiiif/ton wns seized for fishing in
the bay of Fundy, but more than 3 miles from the shore. Tliis preten-
sion of the British GovernmeKt was denied by our own, \)ut no agreement
upon the subject was come to.

This state of things, with more or less of collision and harassment to
*Hir lishing vessels, continued, but without very serious difliculty, until,
in 1S52, an attempt was made by the British Government to induce
the United States to conclude a reciprocity treaty, which failing, the
British Government sent a strong force of war steamers and sailing
vessels to these waters for the alleged pm-pose of enforcing the provis-
iousof the treaty of 1818, but, as was believed by the people and Gov-
wnmeiit of the United States, intended not only for that, but as an
overawing enterprise, which should frighten the American fishermen*
from resorting to British waters for Jiny of the purposes mentioned in
the treatv, and to so much disturb American lishing interests as to

;

10

Till-: ri^IIEKIES TRKATY.

m

W

seriously cripple or destroy them, niul thus lead the Uiiitod States to
enter into recipro(;ity with IJritish >.'orth Aineriniin provinces.

DocMimoiitiiry piipers and dismissions in tlie Senate at the time will
show how fully this matter was understood, and how it was reganled
by the jieople ami (fovernmeiit of the United States. .Mr. Webster
then Secretary of Stato, thereupon issued a cireular notice to Atiiorioan
ti.««hernien, in which ho states what tlie ri};id ami strict construction of
the treaty of 181S would he, as clainu'd by the liritish, as it resixtted
the entrance of lishiny; vessels into tlu^ bays or harbors indoiitiii^'tlic
British [)rovinces. llestat«'d the IJritish prcten.sion in respect of (liaw-
in|^ lines from headland to headland ai;d their asserted pretension of a
right to capture all Anu'rican hslicrmen who should follow their pin.
suits in bays inside of such lines. But he distinctly also stiiteil, in flic
same circular, that he did not ajrree to the constrm^tion tlmspatbv
the British upon the treaty, or that it was conformable to tlie intention
of the eontracting i)arties; but he informed the ])ublic of the IJritisIi
l)retensit)n, "to the end that those conccrtjcd in American fisheries may
perceive how the case at present stands and be on their giianl." (H.
11. iMis. Doc. No. .32, Forty-second Congress, second session.)

This circular of Mr. Webster was of July, ISjU, and on tlio L'ilil
August of the same year, twenty-two years after the laws of ISoO, the
provincial secretary of Nova Scotia is^',!le«l a notice that "no American
tishing vessels are entitled to commerciiii privileges in i)roviiicial ports,"
• etc. (Memoranduuj respecting North American lisheries, prepared lor
the information of the American commissioners who negotiated tbe
treaty of IfSTl). i 0^ '

Following these oi)erations, the claims convention of the Sth of Fel>-
ruary, 1853, between the United States and Great Britain, was eon
eluded, and under that convention the ea.se of the WashiiiDton, seizeil
for fishing in the Bay of Fundy, as before mentioned, was heard, and
the umpire decided that the true meaning of the treaty of ISIS made it
lawful for the Washinfftott to flsh more than three miles fronj the shore in
the Bay of Fundy, ^uul in respect of the headland pretension he .says:

That the Bay of Fnndy in not a Ihitish bay, nor a bay wilhiu tlie iii.'anin);of the
wonl as used in the treaties of 178:} 4...(l lol':'.

lie refers to the convention of 18;39 between France and Great Ihitam
in respect of reciprocal tishing by the 8ul)jcets of each country alon^'tbe
shores of the other, provi«ling that theirconventional arrangements slial
exclude the li.shermen of each from bays which do not exceed 10niik'!^|

4THE F1.SHKKIK8 TKEATY.

n

le United States to
provinces,
iite at tlie time will
()\v it was n'Kunleil
ites. Mr. \Vel)i<tei',
' notice to Anioi'ittui
trict constnicliount
tisli, as it resi)ccti'(l
vhoM indenting' tile
n in res\»eet of draw-
'I'ted i)reteiisioiinf ii
\\i\ follow their imr-
ly also stated, in tlii'
tnu'tion thus put by
luUh'. to the intention
public of the Uritisli
iiierican fisheries may
1)1 their {iiianl." (11.
(I session.)
Sj2, and on the 23(1
tliolawsoflS3(), the
c that " no American

in provincial ports,"
ishcries, prepared for

who nep;o;iate(l tbe

„M of tlie Stli of 1-el'-
■eat Britain, was eon-

loued, was heard, aiul
treaty of ISIS made it
liles from the sliore ill
jirctensionhesays:

wilhlntl.e n..-anin-..ftlu'

mce and Great nritaii.
,ach country alon-tlH'
nalarranjieuK'utssliall
do not exceed 10 mile* I

in width within tho shores of the other as a proper limit of the doctrine
of headlands.

lint upon this point (iinniarerial to the qneation before liim) it is tr>
be observed tliat the 10-niile headland arranj;enient between France
and (Ireat Uritain was a nintnal one, applying to the shores and bays
of both conntries along which the lishernnjn of each were accustomed
to i>)y their calling, and if, therefore, that convention had agreed upon
a distance of 10 miles from shore, and 20 miles for the width of the
waters between headlands, it would have furnished no argument
in respect of the jirinciple of ])nblie law applicable to such <pie.stions
or iu respect of the ancient rights of the citizens of the United
States in regard to the fisheries in northeastern waters, for tho
tisliernien of each country were put ni)on a i»recisely e<[ual footing
in respect of the waters and ports of tho other, which, on the Brit-
ish theory, strangely enough, has not existed between British and
American iishermen since the act of Congress of 1830, and will not
exist if the treaty under consideration should go into eftect.

Ill 18.j4, however, the objects of Ik'itish and Canadian desire were at
last accomplished by the conclusion of the treaty of tho -Jth of June of
tliat year, by which an extensive reciprocity, so calle<l, of trade was
agreed upon, and the right granted to the Americans to tish within the
limits pn libited by the treaty of l.l'S under a variety of restrictions
ami limitations, an<l a similar right granted to British fishermen in the
waters of the United States north of latitude .*{(i^.

In the same treaty were various other provisions respecting naviga-
tion of the St. Lawrence, American and Canadian canals, etc., and the
treaty was terminabh^ on notice after the expiration often years. The
experience of the United States and their citizens under that treaty
led Congress to ternu'nate it in the winter of 18(;t-'(>5 by a vote of
nearly 2 to I iu the Jlouse of Beiiresentatives and by a vote of nearly
"•to 1 in the Senate.

The Canadian Government then for a few years resorted to a system
of licensing American fishermen to fish iu the waters from which they
were exiiluded for fishing i)urposes by the treaty of 1818. For the tirst
year the number of licenses is reported tt) have been 354, at oO cents per
ton. The next year, 1807, the license fee was made §1 per ton; tho
number of licenses is reported to have been 281. The next year,
186S-"G9, the license fee was again doubled— !?2 per ton— and in 1808-
only 50 licenses were taken out, and in 18(59 only 2'i.

■ if> — »

12

THK FISIIKIMES TIJKATV.

'fl.

In ISIIS tilt' Dtiiniiiioii (lovcnmu'iit i)ro(;i'«'(liMl toi'iiact tlic iiiostliarsh
iiud striiifjeiit lawHoii tlicNuhJect of Amorican lislu'riiuMi caUiilatodaiKl
it is thot'^jlit, iindoiililodl.v »l««.si}j;iu'(l to no lianiKN Aiiu'iicnii lisluTiuon
in tln» I'xen-i.se oftlii' lijjhts icsitx nl to tluMij by tlio treaty of isisas
to cripple and <U'Htn»y tluMropt'iatioiis. Analo^fonH h'jiislatioii by New.
founiUand in 1H,{(5 iiad U'«l llic Ignited Btatos to rcinonstratt' iiKainst it
as a " violation of the wi'll-t'stablishcd priiici])U's of tlie itoiiiiium lawuf
Kn^daiid ami of the juint-iplos of all jnst powois and of all civilizwliia.
tions, and seenu'd to bo cxprossly doHi<j;in'd to enable Her Miijesly's
authorities, with perfect impunity, to seize and conliscate Aiiioiitaii
vessels and enibe/zle almost indiscriminately the property of our citi-
zens employed in the fisheries on the coasts of the Ibitisli rossi's.siuiis"
(Ex. J3oc. 100, Thirty second ('onj,'res8, first session).

In ISTO the British Government informed our own that the Canadian
Ctovernnient wonhl issue no more licenses to American lislicriiRMiiaiiil.
notwithi »»ndin}j the decision of the umpire in the case of the Wnsk-
iniitou in l.S.ji{, announced the IbitisU claim to the cxchisioii of tlic
American lisliin^j; vessels from «'omin;; within IJritish headlands, with-
out re;;ard to the width of the bay betwi-cn. (See IJeport on I'oii'i;;!!
Kelations, 1870).

Then came the treaty of 1871, devoted primarily to the Alabama
cliiims, but which ])rovided that for the i)eriod of ten years flshcriiieu
of the United States .slnmld have, in addition to their ri;:lils iiiidortle
treaty of 1818, the ri{;ht of liritish Xorlh American in-sliorc lisliiii!,'
under certain limitati(Mis, etc. ; and the United States a j- reed to the
free a«ln»ishion of British North American fishery products into oiu
country, and it was also jMovided that the Hritish tislieinien nii{;ht
lish in certain American waters, and that the balance of alleged advan-
tage to the United States in these respects should be settled by u com-
mission.

This commission, as is well known, by the vote of the IJritlsli com-
missioner and the IJel^'ian umpire, and against the vote of the Ameri-
can commissioner, fixed the sum to be paid by the United States at
$r),r>Oi),000. The gross injustice of this, as believed by the Unitt'l
States, led the Semite, on the U7th February, 1870, six years before tlu'
fisheries i»rovision could exi)ire by the terms of the treaty, to unani-
mously i)as8 a resolution declaring that steps ought to be taken to pro
A'ide for the earliest po»sil>le termination of these fishery arran}jeniL'iit>
by negotiations with the British Government to that end. It i"* ""''^''"

THK FISIIHUIKS TRI',ATY.

13

stood tiiiit tlio I'irsiiloiit of t\u) Uiiired States, in pursnanno of this ivc-
iiiiiiiKMuIiitioii, cnihMVon'd to ohtaiii tlio ii^nMMiiciit of (treat IJritaiii to
an iiiiincdiate t<'riiiiiiation of these ehuises in tlie treaty, hut uitlioiit

SIR't't'SM.

ill Fehniary, IS,s;{, liowever, as the* jx-iiod was approaehiiif;; wlien
these iirovisions eoiihl be terminated on notice, both houses of Con-
^ o;iv.ssuiianiinously (or certainly without any division) passed resohitions
termiiiatin},' ArticU's XVI H, XIX, XX, XXT, XXII, XXIlf, XXIV,
XXV, XXX, and XXXIIof said treaty, wliidi articles covered the
whole lishery subject aa well as certain matters of navigation, etc.
Tliis toniiiiiation t<M)k elVect on July 1, ISS.j.

By tlic tweilty-ninth article of the same treaty, which is still in force,
the United States enj>a<;ed that all ^uods, wares, and merchandise ar-
riving,' at certain ports named and destined for the British possessions
ill North Anu'rica, shouhl have entry and transit without the payment
of duty, and it was reciprocally a;;ree<l cm the part of (rreat llritain
that nil {joods, wares, and nu'rchandise arriving at any of the ports of
r.ritish North America and <lestined for tlu5 United States, should also
h..ve the right of free entry u?ul transit to the United States, etc.

That the foregoing uu^ntioneii article of the treaty of 1871 covered
and included the transmission of tish from American fishing vessels as
well as other goods is evident, not only from the plain and comi)rehen-
sivo languag*^ of the arti<;le, but from the statenuMits of the formal
r>iitish case laid before the Halifax Commission in 1877, wherein the
I'ijjiitof the transshipment of tish from Canadian ports to the United
States free of duty, covered by that article, was made the groiiml of
claim for compensation.

Ihit it will be seen on inspection of the treaty of 1<S71 that the fish-
eries articles of that treaty contained no provision either in respect of
any coinmercial rights in Canadian ports or in respect of transship-
MK'iits, and that the reciprocal transshipment article of the treaty was
entirely separate anil distinct from any (piestion of fisheries or tish as
•^iicli; but the proceedings before that commission distinctly demon-
'^trated th.it under article 29 the right to transship fish was understood
l»y the British to be included and without any conditions depending
upon tlio force of any other of the articles of the treaty, and it is also
to he observed that the fisheries articles, in respect of their duration
and termination, are treated of separately and by themselves in article
^ which provided that they, as a group by themselves, might be ter-

14

Tin: FisuF.niKH tweatv.

iniiiatod aftor t»'U yems, on two years' n(»ti<'f, wliil*. tho rccipiucal tiaiiN.
wliipinciit article 20 was loft to staml iiHU'peiuU'ntl.v by itsi'lf.

It iiu'vitalily follows:

(1) That tlio rh^Ui of Anu'iicati lisliiii;j vt'ss«'ls to tiaiissliip tjicir iWi
from Canadian ports to tlioso. of the TTnit«Ml Stativs was not doriveil
troin tlu' flsluMicsartick's iind did not dt'ptMid n|»on tliiMu.

(*J) That such ri^ht elrarly oxistnl l»y forco of article 2'.* and diil not
depend upon any other artido, and <

(.■J) That art i<'le L'J), not havin^ibeen terminated, therijihtof Aim'ricaii
tishinjr vessels to enter Canadian ports for the purpose of traiisslilit
pin;; their ear^rocs is as clear and unipiestionable as that of any other
Ameriean vessels.

I nder the treaty of 1871, with all the privilep:es granted to Aiiu'iicaiis
in respeet of tlshin;; in British waters, the practical result was the
diminution of American lishin;; interests and a <'orresi)ondiiij,' lar};e in-
crease of the Cana«lian lishiiij; interests, <»win;;to the superior facilities
of the Canadians in lishin;; near their own homes and their ri;,dit j,'iia!-
anti«'d by that tre.ity todispose of their lish in American piutslrceliom
all duties and impositions. It was this, doubtless, that led the llritish
Government to lefuse to terminate the fisheries article of ISJl wluiiit
had already ol)tained !i<."),r)()(>,()iiO as the i >tal»lislied recomi)eMS(' lor llie
superior (alle;;ed) advanta^res obtaine<l by American fishcriiuMi iiiider
that treaty.

After the tinal termination of the lislicries articles of the treaty of
187^ . t bein;; apparent that the United .States could not be iHTsiiailed
or be;;uiled into a renewal of the so-called reciprocity with Canada, the
former methods of unfiien<lly coercion and harassment were ajjaiii re-
sorted to and with ;;reat exajr^^eration. New Canadian laws, sanctioned
by the houjo {government, were enacted, calculated and evidently de-
signed to ell'ectually frustrate and <leMtroy all the substantial ri^^its
that American tishermen w<'re entitled to enjoy under the treaty of It^l^J-
and to destroy the mutuality of the act of 1830 aud the beuelits of
article L'l) of the treaty of 1871.

Our Government remonstrated, at (irst mildly, and later on with some-
thin}? of the vigor that should belong to those intrusted with the de
i'mm of clear American rights. Hut these remonstrances, nnaceonipa-
uied or followed by any further steps, were unavailing.

The President, in his annual message of- J)ecember, 1885, in viewot
these circumstances, recommended to Congress the making provision

Tin; II.SIIKIUKS TRKATY.

If)

forivfoiimiission to adjust mnl Hettle tho (Unicultics aiiul dispiiti's thus
iiiiscii, but ConjjresH <lid not Mee fit to do it, and tlu' Senate, on the
;;itli of April, ISSd, udoptnl a jrsolution l>y a majority of LT* di'darinj;
that, in its jiuln'otMit, no such oouiniission oM;;lit to lu^ csfaldislKMl;
and l».v a resolution of the LMtli of July, ISSi;, i)ro(;ei'»led to <)rd«'r an
invest i;,'at ion by its conunittee on l"orei«jn relations into llio fisliery
(|iio.stion and into the unjust treatment of our tishermeu and tlie elreuiu-
stiuiees connected tlierewith, with a view, as it nuiy be j)resumed, to
VAk'wii such measures on the report of its committee as the interests
and honor of the I'nited States shouhl recpiire.

That ciunmittee nuide an exiiaustive iuvestiuation, and witlutnt any
dissent IVtun any of its membtrs rei)orted to the Senate, on the l!)th of
January, 1887, upon tlie subjec^ statinjj: the history of these <lilliculties
and the clear rights that it was thouyht bclon^'c*! to tlie L'nited States
and to their citizens, and recomii.ended the enactment of a law for the
protectitJU of American rij^hts.

Such a law was enacted, the bill passing;- the Senate by a vote of l(>
ill the athrmative to 1 in the nenalive, and passinjj the llouse of Hep-
ii'seiitatives with an enlari^iii'jf amendment by a vote of 250 in the aflirm-
ative to 1 in the negative.

Oil the i)assa;j;e of this biw the only dilference between the two
houses was that coneeruinjjf the extent to which these defensive meas-
ures should go. This act of Cougres.< was api)rovetl by the Tresident
'HI tlieud of March, ISST, and is in tlu' following words:

AK ACT to iiiiUiorizo the PrusUlent of the ITnitud Stati's lo jinitt'ct and dofeiitl tlio tights of Amoi i-
tan tlHhiuf; roRgeU, Aiiierloan tlHhuNneii, Amorican trniUug niid olhor vohscIh, in ccrtoin cnsott, and
furuther ]iui'p080(<. * ;

Ik it ninvled bn the Senate and Houxp of UeimseiitativiH of the ('n'tted Slates of Amcrim

t
ill ConijrtnK aHHeinhled, That whenever the I'resident of the Unitetl States shall be sat-

i''!iiil tliiit Aini-rifan lishin;^ vessels or Ainericaii lisheiiiieii, visitiii;; or beinjj in the

waters or ut any ports or plaees of the IJrilisii tloiniuions of North America, are or then

lately have been denieil or jibriilged in the enjoyment of any rights secured to thcni by

iriat y or law, or are then or lately have [been J unjustly vexed or harassed in the onjoy-

imiitofsuch rights, or hubjected to unreasonable restrictions, regulations, orrcquire-

imiitH in respect of such rights ; or otherwise unjustly vexed or harassed in said wa-

tiTs, iKirts or [ilaces; or whenever the I'resident of the l'nited States shall be satislied

Unit any such fishing vesHels or fishermen, having a permit under the laws of tho

I'uitctl States to touch and trade ut any port or poits, place or places, in the British

"lomiiiioiis of North Aujorlca, are or then lately have l)eeu denied the jjrivilege of

'ntcrini; MU'h port or ports, place or places, in the same manner and under the same

H'j;nlatioii.s us may exist therein applicable to trading vessels of the most favored

16

THK KUMHRIKS TREATY.

%

W\

nation, or .slmll ln\ iiiijiiHtly vi-xid or Iianisst'd in n'spcit flu'rcof, or otliorwisc W
iiiijiiHtly vexod or liarasMMl therein, or shall lio jiri'vciited from l)iiri'liasiiij; sncli sun.
plies aa may there be lawfully Hold to tnvdinj; v»'s»el.H of the most favored nation- or
nhiMiever the Presidrnt of the Uniiod States shall he satisfied that any other vessels
of the United States, their masters or crews, so arriviiijj at or being in snch British
waters or ports or places of the liritiHh don-inioiis of North America, art! or then
lately have been denied any of the jirivilcfjcs tin rein accorded to the vessels, their
masters or erews, of the mo.st favored nation, or nnjustly vexed or harassed in respect
of the same, or nnjustly vexed or harassed therein by the authorities tbereof, tlien
and in either or all of such cases, it shall be lawful, and it shall bo the duty of the
President of the United States, in his discretion, by proclamation to that effect, tu
deny vessels, their masters and crews, of the Hritish dominions of Xortli Aiiieric;i,
any eiitrance info the waters, ports, or jdaces of, or w iliiin the United States, (with
such exceptions in regard to vessels in distress, stress of weather, or needing siip-
ulics as to the President shall seem jtroper), whether such ve&sels shall have come
directly from gai«l dominions on such desiined voyaj^e or by way of some purt or
place in such destined voyage elsewhere; mid also, to deny entry into any port or
place of the Unit<'d Statis of fresh fish or s.ilt fish (U* any other product of said
dominiiuis, or other j^oods comin<; from said dominions to the United States, The
Pre«iilent may, in his discretion, apply such proclamation to any part or to all of the
loregoing-named subjects, and nuiy revoke, qualify, limit, and reuewsuch proclamation
front time to time as he nmy deem necessary to t he full and just execution of the purposes
of this a(!t. Every violation of any such proclamation, or any part tlien-of, is herein'
declared illejjal, ami all vcsm-Is aiulf^fjods socominjj or being within the watrrs, ports
or idaces of the United States contrary io such proilamation shall be torl'eileil to the
United States ; and such forfeiture shall bo enforced and proceeded n|"ni in the name
manner and with the same effect as in the case of vessels or goods whose iiiiiwrtatio"
or coming to or being in the waters or ports of the United States contrary to law may
luiw be enforced and proceeded upon. Every person who shall violate anyof tiie
provisions of this act, or such proclamation of the President made in imrsiiance
hercid', shall be deemed guilty of a misdcmeaiKU', anti, on conviction tluicol', shall he
]tunished by a fine not exceeding one thousand <lollar8, or by imiuisonnient feratiini
uot exceeding two years, or by both said punishments, in the discretion of tLeroiirt.
Ai>proved, March ;t, 18.17.

So far as is known to the (.•otiniiitt«'i', v.o step wlialfvcr was taken li,\
the PresiiU'iit to put tliis hiw into execution, but ncj^cotiatiotis were in
itiuttul ami contitiued, to tht; niipart-nt end of accoiiipli«liiii^',wIii»t Con-
gress had thouy;ht it unlit to undertake in such way, an atljiistmeiit ot
tliese dillienlties by the diphnnatie course of seiMtrifi^' a'j»art ot Amen
eau rights at the expense of yiehling other and fhe most I'undaaieiital
and important of thetn.

These negotiations cuhninated in the a|)poifitniefit by the rresideut.
during the recess of the Senate, ou the L'L'd of November, 1887, only ten
days before the meeting of Congress, of three " plenipotentiaries

■4

"to

■»«»9:ft«»

THE FISIIKRIES TREATY.

17

iroof, or otherwise le
1 ptircluvsiu}; siicli sup-
ost favori'il iiatiim; or
that any olliei vessels
r being in such Britisli
1 America, arc or then
It'll to the vessels, their
(I or harassed in respect
ithoritit'H thereof, then,
hall he the duty of tlie
iiutitiu to that effect, to
lions of North America,
li.> I'nited States, (with
veather, or needing siip-
vessels shall have oonic
by way of some port ui
y entry into any port or
ly other product of sa'ul
the United States. The

I renew suih proclamatioii
excent ion of the purposes

,ny part thereof, ifi hereby
; within the waters, ports
n shall be forfeited to tlie
oeeeiledir-'uinthesame

Kooda whoM> iniportatio"
ates contrary to law may

Hhall violate any of the
,l.M,t made in pursuance
,„vietionther.'of, shall he
vnnprim.nn.entforaterm

0 discretion of the ronrt.

,,;Uev.'r was taken l>y
ii.MCotiut ions were ill-

[v:,v,aniuli<istmeiitof

Iri.'.g a'pavl of Ameri-
l,e most fiind.i'xeiit'il

,,„t by the rresiaeut.
|vtMnber,l.SST,onlyt^^"
[.plenipotentiaries," to

consiiler, with like pleiiii)otentiaries appointed by Tier ^fajesty, the
wliole .subject, with a view ofcouiing to a .sobitioii thereof.

Tiiese plenipotentiaries, thu.s created, began their real work at Wash-
ington while both hou.se.s of Congress were sitting, and without any
comumnication by the rresidontiii hi.s annual message on the meeting
of Congress, or otherwise, of tiio tact that such important and extra-
ordinary operations were in progress, or that very grave interests of
the United States had beeu placed in the custo<ly of gentlemen whose
names had not even been communicated to it.

Tliese " plenipotentiaries" came to a conclusion of their labor,-, on the
IDtb of February, 1888, and the oHices of " i)ieuip()tentiar .^ ' termi-
nated, and the result was reached without the advice aux con.-dnt of
tlie Senate having been asked or taken concerning the seleci;„n of these
public ministers, and without any communication to either house of
Congress concerning this most important subject.

it is not dilhcult to see that, in evil times, when the President of the
United States may be under inlhience of foreign and adver.so interests,
such a course of procedure might result in great disaster to the interests
and even the safety of our Government and people.

It is no answer to this suggestion to say that an arrangement thus
conoliuled can not be valid or ell'ectiml without the advice and consent
of the Senate, for the rights and interests ofthe people of the United
States might be so neglected, misunderstood, abandoned, or sold by
President's "plenipotentiaries" as to greatly embarrass, if not defeat,
tlieir ultimate re-assertion in better times and under better administra-
tions, though it is hoped that such will not bo the case iu respect of
ilie.se negotiations.

The document submitted to the Senate by tlie President as the out-
t'onu'of these negotiations may, it is thought, well illustrate the dangers
I'fsuch nu'thods.

But bidding in reserve, for the time being, these grave questions
touching usurpations of unconstitutional powers, or the abu.se of those
tiiiit may be thought to exist on the part of the Executive, the commit-
itoe thinks it sutlicient for the present occasion to deal with the docu-
iiiH'iit itself.

The sid)ject with wh^idi, according to the message of the President

Ihv.nsniitting it, this document profes.ses to deal, is " the settlement of the

'jiiestions growing out of the rights claimed by American lishermen in

|liriti,sh North American waters." And the document opens with the

S. Mis. 100 li

M '■■

fl.ii

18

THE FISIIKHIES TKEATV.

-tjtatcnieiit that it lias to deal with ''ilitl'erciu'es •

coiiceri;ii)(j

the interiuetation of Article I of the convention of October 20, 1818."
The article referred to appears in an earlier part of this report.

The lanjjnage «)f this article is, as has often been stated in loiif^dis.
cussions npon the subject, i)erfectly clear. And as it respects the ter-
ritorial limits wherein American tishermen shonhl no lon^^er have tlieii
-iineient ri^'ht of fishinjr, there has not been and can not be any question
'capable of discussion, other than that which nmy arise from the use ot
tbe words " bays," etc., of Jler Miijesty's domiiions.

The article itself, in clear and unmistakable lanjruajje, recognized iiml
adopted .'i miles from the shore as the extreme limit of niuiiici]i;il(Iu
minion and exclusion, but it also used the words '• bays," etc.— Biitish
bavs — as include*! within the i)rohibited territory.

For many years after the coiuiliision of this treaty of ISlS there does
not j'ipi)ear to have been any ditliculty in respect of the cxerci.se of the
rip:hts of American tishermen in bays along the Hritish North Anuricaii
cojwt that were more than (} miles wide at their entrance, thus followiiij:
thedescrii)tion embra<'e<l in the .'?-mile desijiiiation of nninicipiil IhumkI-
ary.

But when the Canadians found that they could not have the .same ad-
vanta{?ea enjoyed by American citizens." fishermen, in int rod iiein,^' their
fish and other prinlucts into the rnitcd States on the same tennsiis
our own citizens, a system of restrictive claim was adopted, iiiid tlie
l)retension was set up that «»»/ bay, no matter how wide, intleiitinj,' j
British Norih America, was a British bay, and that the Anieiieaii (ii']\-
ennen were by the treaty of ISLS Ibrbiddcn to fish tlicrcin, and in 1S43J
the first seizure under tliat claim occurred. The American tisliiiifr ves-
sel Wtishington was the vessel. Wlmt was decided and .settled inlier]
ca.se has alrea<ly been statetl.

From that day to this no instance has been brought to the atteiitii
of the committee (among all the various and very numerous .seizuresi
American fishing vessels by the British autiiorities uii<ler the elaiiuiij
violations of the treaty of 1M18) of any seizure of any American WA-
iug vessel for the act of fishing in any bay indviitingtlie British I>t'rtli
American coast more than 3 miles from the sliorc.

It is curious to note that in the oi)ening Britisii case before tlio Ifn.:
fax Commission, no nieuti»)n is made of the headlands question tbntlKit
from time to time been a subject of theoretical discussion between tM
two tJovernments. But after the case hail been presented theqtu'stioij

THE FISllKKIES TREATY.

19

not have till' siuiieaA-

,at tlie Anu'iu'iin

was R'ferred to, but it appears to have been <lioi)pe(l iti view of the ftict
that lishiii}-- in siu-h bays «li(l not appear to be of any substantial value
at that time. Thus the bay and headland matter stood when these last
negotiations bepan.

The first article of the treaty now under consideration ])rovides for
the appointment of a mixed commission, to deliminate "the British
waters, bays, creeks, and harbors of the coasts of Canada and of Xew-
tbnndland, as U) which the United States, by Article I of the conven-
tion (»l October 20, 1818, between the ITnited States and Great Britain,
iciiouiic^d forever any liberty to take, dry, or cure fish/'

Certainly a delimitation of 3 miles from the shore could not possibly
he made more clear than it was by the treaty of 1818. Monuments can
not be set uj) in the sesi which shall separate the waters of Her Ma-
jesty's dominions from the waters beIon«?ing to the fishermen and all
otliev peoi)le of the United States in common with the rest of mankind.

Tlie oidy possible point must be to describe what were British bays,
etc., and if this article had only been devoted to namiufj the bays, etc.,
that were less than G niiles wide, there might have been some thoretic
;;touii*^ for such an operation. But the treaty easily dismisses all such
as a part of the coast line, and proceeds to show that the 3-mile limit
I mentioned in tlu^ treaty of 1818 is not the one that is to define the
rights of citizens of the United States, but that a new and dilfereut
principle, entirely favorable to Great Britain, is to be adopted. To this
end the third article of the treaty provides that the 3 marine miles men-
tioned in the treaty of 1818 —

[ simll l»e niensiired seaward from low-water aiarlt ; hut at every bay, creek, oi liarlior,

not othei vi.se speeially provided for iu tliia treaty, siieh 3 marine miles shall bo

1 lUMsured ^. award from a .straijjht lino drawn across the bay, creek, or harl)or, in the

S imrt nearest tlie ontraiiee at the first i)oint where the width does nut exciod ten

marine miles.

l>y this simple British process the 3 miles mentioned in the treaty of
J1S18 is nearly doubled and extende<l to 5 miles from either snore at
ilie (Mitranee or along the bays indenting the coast. It needs '-o com-
ment to show that this provision is not an execution of the treaty of
yM, hut is making, by an assumed construction or otherwise, a new
lone of entirely dilferent dimensions and entirely in t»:<' interest of Her
[Majesty's Government.

Itutthis is not all. The "plenipotentiaries" went still farther (not
[stopping at nearlv doubling the area of British municipal dominiou

*»i

tit

i

20

TIfK KISHEKIES TKEATY.

,9'

nioasnrod by (lie iroaty of 1818), and ujiircd tliatjnaiiy ((((iiiid iK'rliaps
all tlio valiialih') }iYvt\t bays, iiiucli iiioro than 10 uiilcs in widtli, .should
be tori'veniiOn' iticlndiMl in r.ritish niuni('i[)al doniinion, iiiid tliat for.
evermore no American fislu-rman .shonltl liave the ri},'ht to dropajjiie
or cast a seine therein. j

These ;4:reat bodies of water, thns;;iven nj) to the Driti.sli, are iiaiiied
in the treaty as follows: (1) The Haie des Chaleurs; (2) l]iiv of
^Miramichi; (3) K^^mont itay; (4) St. Ann's Bay; (.")) Fortune % ;
((>) Sir (Mjarles Ilainiltim Sonnd ; (7) Barrinjjton liay; (8) Cliedalnieto
Bay; (9) Mira Bay; (10) Placentia Bay; (11) St. Mary's Buy.

These a^'reements contained in article 4 of the treaty, as lia.s been said,
really cede (so far as th«'. United States are concerned) to (Jreat Britain
forever tlie complete dominion over these nnmerons and, for li.sliiii;' pur-
poses, the most valnable of the bays alon<f the coasts of Ihitish Nortli
America, and exclude forever all the Ameiican tishinj; vessels tliercfroiu,
except for the limited and narrow pnrpo.ses mentioned in the treaty of j
1818, and reco^inizOthat liy forceof the treaty of 1818 these areaiidahvays
luive been iiritish waters, while it is thonsht by the coinniitteethat'jy
the public law of nations these same waters will be open to the vessels
of all other conntries than our own, unless theyi too, shall, from generos-
ity or fear, or for some consideration, renounce their ri},dit to use the j
same.

The principle on which this article is formed is a recoj;iiitioii bytbej
United States of the municipal and territorial soverei^'iity of Great
Britain in and over all the other bays, etc., on the Hriti.sh Xortli
American coast, however large, in which, by this treaty, our citizoiisj
are to be admitted to (ish, exterior to a line .'i miles from shore.

The article in terms jirofes-ses to delimit the Jirifish btiys inentmdl
in the treaty of 1818, and as it mentir)ns eleven such hays even iiiorej
than 10 miles witle, and some of which are L'O or more miles wide, itl
follows that the Iiritish contention of municiiial dominion over all bays
without regar<l to width, is acted upon, and that the riuhtof Americaiisj
to lish in the few other wide liays not mentioned is a grant l»y
British Ciovernment. ^

If the Bale de Chaleurs is a now British bay, so also nuist be the lii.l
of Fundy and all the rest. But if it be suggested that the "i''«"'l'^
tiaries" renounced the right of tishiugin the.se bays as public waten
(for which no hint ai»i>ears in the treaty) in con.s{deration of mn''^^

advantages gained to the United States by other provisu

)n.s of tM

TIIK FISIIEUIES TREATY.

21

treaty, it is, the couiiiiittrc tliiiiks, eciually objectionable; and this en-
tirely witliont regard to any present practical value or want of value of
the tislierie.s therein. Jt is not tlionjjht by the corninittee to be suitable
to tiie dijjfiiity or interests of the United States to renounce the right of
its citizens to pursue business in any ])art of the public waters of the
world. Such rights, the conimittee thinks, should neither be the sub-
j.cts of ])urchase, sale, barter, luu" gift.

The question of the ext«>nt of territorial dominion, as it respects the
exercise of fishing rights in bays more than 0 miles wide indenting the
shores of a country, must of course be determined by the law and prac-
tice of nations as they existed in the year 1818, at which time, as the
toniniittee thinks, the .'J-miles limit from shores was recognized without
ref^ard to large indenting bays, except under very peculiar circum-
staiiees, such as the ])rescriptive exercise of dominion, etc. AVliether,
in view of recent inventions in the imi)lements of warfare, it may not
be politic; for maritime nations to agree upon an enlargement of the
bouiularies of their territorial dominion seaward is a ([uestion well
wortliy of consideration, but it has no place in respect of the nuitters
hiow in hand.

Tlie su[)j)()s«'d i)recedent for such agreements as are set up in this
treaty, of the convention of 1882 (Ex. Doc. 113, p. 18), between Great
[Dritain, Germany, Belgium, Denmark, France, and the IS\»therlands, is
tvery far indeed from being such. That was for the police regulation of
[the fisheries in the North Sea, and on the coasts of all the contracting
hiarties. It was limited to live years, and not perpetual, as this treaty is.
It neither granted nor renounced any right. The freedom of naviga-
tion, etc., inside the 3-nule limit was reserved. The naval vessels of the
Irispcctive powers were to enforce the regulation. For serious iufrac-
[ti'Mis not settled at sea the offending vessel was to be taken to a port
[ot litrown country for trial.

iieli regulations as these Just cited might well have formed a pre-
|(til(iit for composing the ditterences between the United States and
[(ii'it Britain; for, first, they did not admit territorial dominion as
existing over l)ays more than 0 miles wide, but conferred it for the time
kin;: and for a limiteil purpose ; second, they recognized the rights of
Ishing vessels to be considered as vessels entitled to the rights of all
fthir vessels bearing the tiag of their country, without regard to their
'<ii|)ati()n, so far as it respected every thing else than tishing; third,
pi' V i»]aced the administration of these tishing allairs iu the commanders

f -■■pi

1

F

1

ff

1

';■

1

it

1

;|

f

Ef

m

H)

i

\!i

■■:«

EkLii

22

Tin: KisnKKiKs trkaty.

of national vessels; ami, fomtli, they jn'ovided that an aceiised vessel
shouhl be taken to her own country for trial.

The contrast between this Nortli ^Sea llsheriea treaty, to which (Ireiit
Britain was u l)arty, and the one now before the Senate is vivid. Tliiv
are snbstantially the opposites of each other in nearly every particular,

Nor does the treaty now before the Senate bear any material rcseiii.
blance to the protocol propose<l by Mr. Seward in 1S<!() (Ex. Doc. 113, i»,
17), nor to the scheme sent by Mr. Bayanl to Mr. Phelps in Novoinl)cr.
18S(5 (Ex. Doe. 113, Fiftieth Conjjress, first session, p. 17).

The fifth article of the treaty, decdarin-,' that the treaty shall not h
construed to include within (lonunon waters any interior portions of
baj's, etc., that "can not be reached from the sea without i)assiii<,Mvit]i
in the .3 nnirine miles mentioned in Article I of the convention of Octo
ber 20, 1818," is very sweeping, and may cover a {>reat deal more than
the mere reading; of it wouhl imj>ly to one uninstrtu;ted in the iiatiireof
the uortheastern lands and waters, with their deep iudentiii},' bays,
their many islands antl islets, and their tremendous tides, the rise and
fall of which, in many places, chanjje the aspects of nature to an astoii-
ishin;; de<jree. r»ut it is jmrcly lan«;uajj(^ makinji; the test the capacity
of j)«.v«nu/ within ;> miles of the shore, and plaiidy indicates that iio
matter how lar^'e may be the bay, no matter how wide apart maybe
its headlands, no matter how deep may be the waters between sudi
headlands at hijrh tide, if the ship channd to it at low tide bo within
3 miles of land it is an excluded b,>v.

■navinjj- now seen what the. proposed treaty accoini)lislics in icsiR'tt
of ''delimitation,"' we jiroceed to examine its provisions in respect ot
what American vessels ensajjfed in lishing on the hi};h seas may ami
may not do in IJrilish North American waters ascertained, cnlarsetl,
and delined as before stated, and in the ports on those coasts.

In order to understand more clearly the disastrous nature of what the|
"l>lenipotentiarie8" have agreed to, it is valuable to consider and again
8ta*o the situation of atfairs existinjf in 1818, .uul to which thetreatyj
of that year applies.

Before and at that time and down to 1830 no American vessel of rtwyj
kind wa.H as of ri^-ht admitted to any British North American port, ami j
no rights of commerce or trade existe<l (with the few exceptions betorej
stated); and, reciprocally, no British North American vessel otaiivi

THE FISHKRIKS TREATY.

23

,t nn aceu.sed vessel

noriciui vessel

kind, lishiny: or otber^ was admitted to ports of the TTiiited States other-
wise than as an act of mutuality iu the cases stated. The treaties of
1794 and 181.5 purposely left all these ports aud all trade between
r.rltish North America and the United States to be regulated according
to the particular imlicy of each nation. Such is still the condition of
things so far as any treaty obligation is concerned, excepting article 29
of the treaty of 1871.

Ill 1818, then, no Anurican llshing vessel or any other American
vessel could enter a i)ort on any of the coasts of liritish North America,
even wlu'rc the full right of tishing inshore existed. And the treaty
ofl818, formed on that basis, was not intended to, and it did not in any
way, touch the question of any trade or commercial right whatever, and
of course made no distinction in these respecis between fishing and
other American vessels. It looked and spoke only in regard to the fact
of the renunciation by the United States of their fishing rights in that
liiut of the territorial waters of Britisli North America named in the
ireaty, an<l, as an incident of that renu!u;iation and as an incident only,
it provided that American lishing vessels might enter those renounced
waters, not to fish, but only for " the purpose of shelter and of repair-
ing damages therein, of purchasing wood, and obtaining water;" and
this right was to be exercised under such restrictions as should be nec-
essary to prevent their tishing, etc., therein, or in any other manner
abusing the privileges so reserved to thorn.

Tliese words, "in any manner abusing the privilege of entry," clearly
referred to the then existing state of IJritish law which prevented all
trade intercourse by foreign vessels with the provinces, and were in"
tended to authorize such action on the part of Great Britain as should
be justly necessary to prevent violations of British navigation aud coiu-
inercial laws.

Hut in the course of years, when after these mutual arrangements of a
lejiislative character were made, the business and trade between the
Inited States and British North America developed, the British North
Americans, like their fellows in l^ngland, began to see that the Ameri-
can system of customs laws operated to tlie advantage of American
nti/.ens and industries and unfavorably to Canadian and British inter-
cuts. They then conjnienced, and have since steadily continued (except
(luring the intervals of so-called reciprocity, under the treaties of 1854
iiiiil 1871), a systennitic ami persistent course of hostile legislation and
lulministration under the pretext of enforcing the restrictions of the

24

THE FISHKKIKS TREATY.

treaty of 1818, well calculated, and dc.si;;ned, as the connnittoe tliinks
is dear, to so embarrass and harass the citizens of the Uiiitod States.
engajjt'd in the lepd pursnit of tishinjj on the high st 'as as well as in
the Jhitish North Anu-rican waters reserved to them by tiie troatit's of
1783 and 1818, as to drive them ont of the business, and so to leave it all
in IJritish hands, or else to indnce the lJnite<l States, by such a course
of unfriendly and even outrageous contluct, to allow the free entry of
Canadian tish and other products into our markets as the price of tliiir
fair treatment of our fishermen.

Vet, during the last two or three years of this course of stiulioil in-
justice and of outrage, while no Anierican lishing vessel, even bearinga
full commercial character under tiie laws of the United States and with
the Ihig of the United States at the fore, could enter a port of Uritisli
North America for any purpose without being exposed to seizure ami
forfeiture, or enter a Ibitish North American harbor for shelter or tit
repair damages or obtain wood and water without being subjected to
this unjust and even outrageous treatment, the lishing vessels of Diitish
North America could lawfully and without molestation enter any har-
bor or port of the United States, sell or transship their cargoes, and do
every kind of trade, and de|)art in peace.

Thiscon<lition of things became so intolerable that, at last, the remon-
strances of the Kxecutive became vigorous and urgent, and on tlieStli
of December, 1880, the President sent to Congress the following: mes-
sage on the subject:

To the Sfiiale and Uou»e of liipreseHtativts of the Uiiilid Slohn:

1 transmit lien-with u letter from the Secretary of State, which is aci'omimnied liy
the corrcsponilonce in relation to tin- rights of American lisheriuou in tlie liritish
North American waterH, and commend to yonr favoralile conHitleratioii llic Mii.'j,'t'«tw"
tliat a cDmmiHHion he aiitiiori/.i'd liy law to talic lu-rpotuatiii;: jnoofs oftliL' lusses sus-
tained dnrin;; tbc past year by American lislicrnicn, owin-; to tlieir uiitVitmlly ami
nnwarranted treatment by the local anthpriticH of the maritime pioviiues I'l tlif
Dominion of Canada.

I may have occaNion hereafter to nuike farther reconunendations during tlif present
Bession for such remedial h-yislation as may become necessary for tlu) luotcction ot
the ri;,'hts of our citizcntj engaged in tlie ojien-Hca (isheries of tlie Noilh Atlnntio

•walers. ,, ... ..-r,

(Jboveu CLEVFXAM'.

ExKCUTivK Mansion',

il'axhittijton, Ikremher 8, 1«<p6. ^

Justly influenced, doubtless, by this message and by tiie statcof af-
fairs shown in the documents accompanying i; and by the evidence

THE FISHEIUKS TKKATY.

25

tiiken l).v, and the ivpoit of tlio ScMiatoCoininitteo on Foreijiii Kolations
oil the same snliject made on the 19th olMiinuary, 1S87 (iJep. No. 1C83,
4'JtIi Couii., 2(1 sess.), <'<'ii{,n'esN came t!» the eonc.liision that the i)enoil of
negotiation and unavailing' remonstrance had i)assed,iind with almost alt-
solute unanimity and witliout any pariy division enacted the actof 3Iareh
0,1887, hereinbefore mentioned, by which the duty was imposed upon
tlie President of withdrawinj-- from J'.ritish North American vessels, etc.,
those liberties and advantajies which by the pro-existin<j: laws they were
eiijoyinuf ii.' the harbors and ports of the United States, whenever and
as often as it .-should apjtear to him that similar ri<;iits and liberties were
ilonicd the Unied States fishing vess>»ls, etc., in the ports, etc., of Brit
ish North America, or whenever it should appear to him that Ameiican
lishiii;; vessels sliould have been subjected to ontraj^eous or unjust
treatment in the exendse of the rij^hts secured to them by the treaty
of 1818. .

All that remained unprovided for accordini;' to the sense of solf-
rospect and of just policy on the part of the United States was to ob-
tain indemnity from tlie British Goverinnent for the injuries that had
thus far been committed.

Ill view of this state of aftairs, thus brietly mentioned, we come to
consider what the pro])osed treaty undertakes to ])vovide in vei;ard to
American vessels enjja^e*! in fishing;-.

aritime pniviiut

,M,lt CI-KVKLANO.

The first clause of Article X provides that American fishing vessels
iMitering the bays or harbors referred to in Article I shall conform to
harbor regulations common to them and Canadian tishing vessels.
This, by necessary imi)lication, concedes the right on the part of the
Canadians to subject United States fishing vessels resorting to a Brit-
ish North American bay for shelter from a tempest, to the municipal
laws of Canada, no matter how far dilVerent those regulations may be
from the provision in the treaty of 1818 giving to the British the right
only to make such restrictions as should bo necesmry to prevent an
almxc of the privilege of entry for the i)uri)ose stated.

This clause adopts the principle of the British contention in the For-
tune Bay affair, Mhich contention was that American vessels in Cana-
dian waters, under either the treaty of 181S or 1871, were subjected to all
the miiiiiciital laws of that country. This British contention was suc-
cessfully resisted by Mr. Evarts, then our Secretary of State, and the

26

TMK IISIIKKIF.S TUKATY

H ' '

' ffi

|fff^*r-"'.75

British (lovenmieiit yi\u\ an iiuU'innity loraii iiiti'rfori'necMvitli omli.Hh.
injj vt'Kst'ls in rospoct of tlioir lu'in^ eiij^ajii'tl in lisliin;; in those waters
contrary to the municipal htatntcHof NtnvlbnndlaiMl.

TiiiH clause, th«Mi, gives away luiportaut American rij^hts, and addiiis
the ])rincipU^ that umU-r the treaty of ISlS American fi.shiii;; vessels aiv
sultjcct to the full force of foreijjn municipal hnv. Unt thisciaiisois, in
part only, qualilicd by tlie next, wlii<di excuses tliem from reporting', en-
teiini;, or idearinj,' when pjittinj; into such bays for shelter or repairiiiji:
«lama;;es, and when puttin;; int«) the same ontniilc thcUmUn (i/vHlnhlixht'tl
portH of intry, for the i>urpose of purchasinj;? wood or ol)taiiiinf,' water,
with certain exceptions even in respeirt of that excuse. Hut wo think
it may l)e safely assunud to be true that there are very few, if any,
British North American bays or harbors that are not within the limits
of establislied ports of entry, for (baibtlcss (which is tlie case in the
United States) the Dominion customs laws brin;r every part of the sen
shore, and all its bays and harbors, within the customs limits of some
port of entry.

This V' lilication, then,~of the swccpin;; icipiiremcnl of the lirst
clause r«'a..y amounts to nothiufr, an«l, indeed, can (if it does not already)
by ii simple lejjislative or a<bninistrative act of tlie Doiuiuioii •govern-
ment biinjx every bay and harbor and every part of tlie coast within
the limits of established ports of entry, and thus aj(ain completely sur-
render the tishiuR vessels of the United States to every coininerciiil
regulation of the Dominion Kovernment which operates against them.
while it gives them ahnost none of the benctita of commercial inter-
course.

The next clause, also, further provides that American lisliinfjvessels.
when in these bays and harbors for shelter, etc., under the treaty ot'1818,
shall not be liable for harbor dues, etc. This is a mere statement ot
what results from the treaty of 18l«, for it has no application to these
vessels otiier than in their purely tishing character, and in that chm-
acter they were not subjected by the treaty of 1818 to any such im-
position, and could not be, for none of them were necessary to prevent
their tlshing or to luevent their smuggling.

Article X, then, taken as a wiiole, is a diminution instead of an en-
largement of the rights of American fishing vessels under the treaty ot
1818, and its nioditying and limiting t'lauses would be only valuable in
auy case as a renunciation by Great Britain of a totally uufouiitled pre-
tension.

1^?

TIIK FISUEUIKS TREATY.

n

nci' with niirfi.sli-
■I in those waters

i^lits, ami lulopls
isliiii^j vessels avo
It thisclausois.iii
•oin repoi'tiii},', I'll-
u'lter or repairiii;:
mitx a/ eHtalilUhd
!• obtaiiiiiiu" ^vater,
Ht'. llulwo lliink
! very lew, it' luiy,
t within the limits
\a the case in tlie
M\v l>:vit of the m\-
[)nis limits of some

;nu'nl t>f till' lirst
it does not already)

Dominion -ioveiii-
jf the coast witliiu
iiin complolcly sur-

every coniinercinl
ates a^iainst them.

commercial inter-

.•an lishin^' vessels.

'!• the treaty of 1818,

I mere stateuunit of

ipplication ti) these

and in Ihiit chiu-

8 to any such im-

lecessary to pivveut

,„ instoiul of au en-
i under the treaty of

l,e only valuable ill
,,,,;ivnnfoun(le<ll're-

Article XI i)rovidet<, tlr.st, that Anierieau tishiii;; ve.s.soU enterin;;' tlio
port.s, etc., of Hrili.sli North America under .stress of weather or other
riiKKdlt;/ niay unload, reload, tran.sship, or sell, subject to customs laws,
all li.sh on hoard, when such uidoadin;;', transshipment, or .sale is made
neccHccssary aa iitcuhntol to npaim^nud may replenish outfits, provis-
ion.s, or supplies damaued or lo.st by di.saster, and in case of death or
sickness, shall be allowed all needful facilities, indndin;^ the shipping
of a crew.

The nu)st of thesp ])rovisi()us are already clearly covered by the
treaty of 1818, au<l all of them are covered Im the real snl)stan(!e and
spirit of the airanjrement of IS.JO; and in respect of transshipment, by
article LM) of the treaty of 1S71. They are much more than covered by
article 21) of the treaty of 1871, and are, in fact and efVecr, a voluntary
aliandonment on the part of the United States of the riuhts secured in
respect of the transshipment of all American goods and merchamlise
jirriving at any iJiitish North An)eri(!an port. That artich? u.ses Ian-
},'iia<,'e of the most conJi)rehensive character, and it can not be doubted
that under it a ('anadiau fishing vessel bringing a cargo of fish from
tlie (isliing-grounds to the .south of Nantucket, or from any other place
oil the high seas or any British waters, to the i)orts of New York, lios-
ton, or Portland, would be entitled' to land them and transshii> theiu
to Canada without the payment of any <lnty, and it is, of course,
e(|iially tilear that a cargo of fish on b(»;ird a fishing ves.sel of the United
States, when brought from the fishing-grounds of the high .seas or else-
where to any Jiritish North AnuMican port, may, in like manner-, be en-
tered and transshii)pe(l to the United States without the payment of duty.

It would seem, then, that in respect of the clause of Article XT, now
under consideration, as well us with respect of the clauses hereinbefore
c(»nsidered, that the Executive in negotiating this treaty had failed to
remember, or had left out of view, what the i)iesent rights of citizens of
tlie United States already clearly are under treaties now in force, and
liad proceeded upon the idea that every right that the United States is
to obtain by force of this treaty is a new one, and is granted by Uer
Majesty's Goveriunent in consideration of the renunciation to her of
tlieRreat bodies of water mentioned in the earlier articles of this treaty
luul of all commercial rights not mentioned in this treaty.

The next paragraph of Article XI provides that licenscH in liritish
North AmericUn ports shall be granted to United States fishing vessels
on the homeward voyage only, to i)urcha.se such provisions and supplies

28

Tin: KISIIKUJKS TUKATV.

as arc onlinaril.v suld to tradiiif; vrssolH, but sncli provisions shall not
bo obtaiiu'tl by barter nor piin-liasi'd lor r«'saU» or trallic. A ('niiiulja,,
llsliiii;; v<'MM('I,oii wlmti'VtT voya^rc, ritluT outward or iiiwani, may now
lawfully iMin'liUHo auytliiuj? in a port ofllu^ TuittMl Statj's that aiiy cit-
izen of the Tuitod States can purcliast', aud on tlasNiiiuc terms, without
any lieense whiitever, aud luay dis|K)Mu of any such purchase witiiout
any restrietion. How does it luip))en that the IJiiiti'd States are to Iniv.
or to aeeept as an act of ^oneiosity, the privilege for our lishiii;,' vcs-
sels only when they are on the way home, sullieient food to preserve
them from starvation, and under the restriction that, beiii;,' without
money, they must not obtain it by the exchan^je either of lishliooksor
wearinjj ajtparel ?

If all vessels of the I'nitetl States, iueludiu)^ those en;;a;;»'(l ni the
occupation of catchin;; lisii on the hi^di seas, are now, under the ar
ran|;enientH of IHM), entitled as of ri;:lit to trade in I'.ritish North
American ports, this clause of Article XI surren«lers nearly the wlioK'
of such rifjlit; but if, under the arranjrements of 1830 or otlitnwi.si'.
American vessels enyajjed in tishin;; on the lii^jh seas liave no rijilitol
entry into British North American jtorts ami no rijjht to tra<lt) tliciviii.
an«l their enjoyment «>f such privile;j:es depends upon the U'j,nslative
policy of tin* Uritish Dominion ^'overnment, can the I7nited States, with
the h'ast sentiment of self-respect or with the least re;;anl to American
honor, accept such a privile<j:e, so limited, without on the other liaml
liinitin;,' the privile<;os of similar Dominion vessels in the porta of the
United States ?

The United States is under no treaty obli^jation whatever in respect
of ]>ominion lishiujjf or any other vessels, other than those contained in
the treaty of 1871 and all those, whatever they may be, are strictly
mutual. The committee thinks that such an arranj^ement as is here
l)roposetl, and which ne<!essarily implies that there can bo no other or
greater rights of American vessels than those here described, is utterly
inadmissible unless it be conceded that the business of American
citizens carried on on the high seas, hundreds of miles, in many in-
stances, from British North American coasts, is and ought to be sub-
jected in British North American ports to the free will and pleasine ot
the government of that country and they are to have few of the ri{,'htN
that, by the common intercourse of nations, are accorded to the vessels
of all countries as acts of hosjiitality and humanity, and wiiicli by
treaty or legislative arrangements of nearly all nations are accorded to

THE I'lSllKKIKS TKEATV.

29

till' (iti/t'iis of t'su'li ill tlio ports ol'tliu otlicr upon perfi-olly miiliial and
otpjal tennsi, and ni'vcr otlunwisc. If \v« an? to bay liospilality wliy
slioald we not sell it? If w«« nro to submit to Ibitisli n';,'alation.s of
any o{'('Ui>ation on tlir liijjli .seas why should not Hiiti.sh .subjrcl.sin Ilko
iiiaiiiKT Mubniit to a .siniihir control or oxchision of tlicir vessels by the
I 'lilted States?

The last paiat,Miiph of Article XI appears to be thoii^jht by tlie Presi-
(k'lit in liis ineMxajje eoinniuiiieatini^ the treaty to «ive to our Usiiiii;,'
vessels, whetlu'r on the homeward voya;je or not, the right of purcihas-
iiij> pnivisions and sui)plii's that onlinarily belongs to trading vesstjls.
ill this the ('(nnmittee tiiinivs the Tresident is much mistalieii. Tlie
liist clause of the paragraph provitles for licenses to purchase sui)plies
tor'Mhe homeward voyage.*' It then says that such vessels, having
obtained the re(piiretl licenses, shall also be accorded upon all occasions
such /aeilitU'8 for the purchase of casual or needful supplies as aro
oiiliiiarily accorded to trading vessels.

If these last-mentioned words have the moaning imputed to them by
the President, the words immediately preceding are absolutely useless
and can have no ineaning wliatever; for the privilege, if expressed, is
included within those afterwards used, and as the two phrases stand in
iiiniediate connection with each otlier, the absurdity of their insertion
ill such a case could not possibly have been overlooked by any intelli-
gent person. And if such a really broad provision as is sujiposed was
intended to bo inserted in the treaty — one which was intended to com-
pletely reverse the whole Uritish pretension upon the subject, and put
our fishing vessels, for all purposes of provisions and supplies, upon the
.same footing that IJritish tisliing vessels occupy in the United States
iuul that American trading vessels do in the British provinces — it cer-
tainly should, and probably wouhl, have been stated in language inca-
pable of sincere niisunderstaiidiug.

What the committee thinks it means is that an American lishing ves-
si'l, having obtained a license to purchase i)r()vi8iousou and for the home-
ward voyage, which is all that the first clause says or describes, viz,
the mere act of obtaining the license upon application, such vessel,
having obtained such license, shall, upon all occasions to which the
license, viz, u[)on nil occasions of the homeward voyage, be accorded
facilities for doing what the license says she may. This, the committee
thinks, is the literal and grammatical construction of the paragraph,
and all that can be extracted from it by the ordinary principles of con-
struction.

30

THE riSlIKUIKS TREATY.

The whole of this aitii:h', tlu'ii, ;is it iippears to tho coiiiiuilteo, isoiie
lliat wouhl be totally (U'lofjatory to the honor ami interests ot'tlic United
StatcH to ajrreo to. The eoiiiniittee ean never reconiniend or asrco tiiat
any American vessel or eiti/.en shall receive less tree and l';ivmai)le
treatment in any for-'ijjn port whatever than is aecordcd to flio vcssiis
or subjects of such foreign country l>y the laws and policy of the United
States.

The subject of conitnercial rijjhts, viewed in another asj)ect, coniitels
the inquiry whether it is not entirely absurd to consider that if a British
part existed on the southwestern or western coast of XewfouiKliiuul.oi
on the coast of Labrad<u', in respect of which, by the treaty of 1,S18.
there is no exclusion of Ameriiian ncsscIs from territoiial waters, siicli
American vessel could, so far as the treaty of 1818 is concerned, enter
such port for all and the :<ame purposes that, any other Arne'i( an ves
sel could, and that, under the mimti treaty, 50 miles to the eaotward on
the southern coast of Newfoundland, the very same American vessel
Hhould not now have an; rij^ht of entry for the same piupose .'

The twelfth article of the treaty under consideration provides liiat-

Fixhiuff vpsspIs o}' Cuumla ioid Xowi'ounillniid shall hav«> on tlic Atliintic cii.bt of
theUniteil State.i nil th« pnvilejjes r««ervi'<l ami Heeiinrl hv thi> li«':ity to I'liiieil
States ChIuii}; vescelH in the iiforeMaid waters of Canada aud Xewroiinillaiiil.

If this article was intended to put Canadian lishin<? vessels upon the
same footing; only in American ports and waters that Amerioiin vcs^sels
are put in Canadian ports and w. iters, there would be iinitiiality and
equality, however nairow, in it. Hut this, evidently, was not tlie pur-
pose of th(? article, for it is evident to the committee that Cireat liritaiii
would not have consented to any such {jreat diminution of the ri},'Iitsor
ber flshin<j: vessels as they now exist in the ports and waters of tiie United
States. The article itself, it will bo seen, while somewhat obscure, is
still drawn in such a wa^' as only to be alHrmative, and measures privi
leges, reservcil and secure<l, and says nothing of conditions and liinitii-
tionsand nothing of ports, etc. Hut, however this may be, the eonunittec
does not think that it comports with the dignity or hospitality of tlie
United Gtates to <leny to IJritish N(U-th American lisliing vessidsor
those of any (»ther country the ordinary ci)mmerclal rights, hospitali-
ties, and humanities that are now sjipposed to be nearly universal anion;'
nations calling tluMuselves civilized, unless, unhappily, tliey should be
compelled to «lo so in order to induce just and hospitahlc treatment to
the vessels of our own country.

THE FISTIKUIES TREATY.

ol

The thirteenth article provides that the Secretary of the Treasury of
tiio United States shall make reaulutions for the conspicuous exhibition
l)y every United States fishing- vessel of its ollicial number on its bows,
and that no vessel shall be entitled to the licenses provided in the treaty
which shall fail to comply with such regulations. Ihis provision on itj
face and taken liten-lly applies to every fishing vessel of the United
States, whether it is ever to enter Canadian water; or not, and it is a
law to the Secretary of the Treasury of perpetual application.

But assuming, however mistaken the language may have been for
tlii.s rairpose, that it is only to apply to United States fishing vessels
ontering Canadian ports or waters, it is bad enough, for it proceeds
upon the i<lea that vessels of the United States engaged in the occupa-
tion of fishing arc lobe puc under a ban of specitic api>arcl and ap-
pearance Luat is not inq>osed upon any other vessel.

By the article next i)receding, and already commenteil upon, all
Canadian fishing vessels are entitled in our waters to all the pri\ileges
that American fishing vessels are entitled to have in Canadian waters
sofiiras it regards fishing, at least; but they are not r(!(piired to be
thus numbered and marked. tV hundred Canadian iishing vessels may
anchor in the harbor of <iloucester, the great fishing portof the United
States, and be entitled to every right and every hosi)itality only upon
the evidence of their i)apers, which show their nationality and that they
are not pirates ; but if a s'ngle An)eiican fishing vessel appears in the
luubor of Halifax, and under the guns of Her Majesty's forts, she can
not obtain any sni)plies, and her ere v may starve at anchor unless upon
each bow there is the number alfixed by ord(>r of the Secretary of the
Treii.,^ury of the United States. Certainly, American fishermen and, we
should hoi)e, every other American citizen would not be proud of such
iidistinction.

The fourteenth article of the treaty deals with the subject of penal-
ties for fishing contrary to the treaty of 1818 and the first article of
iliis treaty, and thereby the United States are to agree that such
penalty may extend to forfeiture, etc. This is a singular provision
(iind probably uni(iue) to be found in a treaty between two civilized
nations, the general tenor of whose laws and tue general social nature
ot whose institutions are very nearly homogeneous.

The article also provides for a limitation or an exception, as the case
'"i'.V be, of the legal penalties for other violations of fishery rights, three
(hilars a ton.

,4-~v

32

THK FlSilERlK« TKKATV.

Jt also provides that the imhx-oc(1!v»jjs shall be Kuinniary andasine
IH'iisive as practicahlo and that the trial shall be at the place of dete
tioii~thc platu' of dottMition Immiij,' loft: to the discretion of tlic seizii
anthoritii's, for withont special provision t he sei/.ed vessel ecraUlbetakf
to any i)ort in the J)onnnlon.

It then provides that security for costs shall not be reiiuired of tl
defense except when bail is oll'ered; that is to say, that when u vesso
with all its fnrniture, tacUhs apparel, and car^o, an«l its captain an
all its crew are seized aid arrested and taken to a place of {icUntioi
seenrity lor costs shall not be reqnirecl until t|jo arrested citizen of tl
United States shall desire to release his vessel or }j[et out of prison.

This certainly ujijst be only what every .just govejnnMMlt wmilij nn
viile of itself. The same may be said of all l|iij J)iile|' lirovjsiMiis of lii
article. They are all identical with (»r analo;ions til tjie pnictbi
civilized j^overnnients, ami rest upon couinion juiiiciplea nf jfiHii) iii
ministration of jiistice. Surely ^liey 8hotti(| \\v.' \\ |ju fteaty <'oiitiatt I
brin^; iheui into practice.

Tho Ht'teenth articl« of the treaty is open ami conditional, ami pn
vides that when tlie United States shall admit ibitish North Aini'iicii
tish oil, whale oi. seal oil, and tish of all kinds except llsh pnscrvcil i
oil, free of customs duties, the like products <<f the United Stati's s!m
he aihnitted free into Ibitish ^'orth America, ami it is also proviil
that in tlu.t case United States llshin;.? vessels may la* entitled— nol
tish inshore as the treaty of 1871 proviiied but — to annual licenm
the following,' purposes in Ibitish North America:

(1) The i)urchase of provisions, bail, ice, seins, supjdies, ttc.

(2) The jans.shipinent of catch.

(3) The shipidn;; oi'crewt-, but that supplies shall m»t beohtaiiuMi
barter.

(4) And that the like privileges shall be cimtinueil oi given tolisb
vessels oi' liritish North America oi. the Atlantic e()ast of tlic ' n
States.

This is a mueh worse "reciprocity " than existed under tin' tic
of 1871, for while the treaty of 1871 was silent in respect of cdniinirci
rights in either country and left the nuitter of the eonimercial ri;'''
standing upon mutual legislative regulations of th|i two countries
treaty limits the rights of the ttshing vessels to certain specilied toi
and <lescriptions of commercial privileges, though it does seem toiiT
nize the truth timt would otherwise appear to have been forfiottcii

sunniiary and as iiiex
le at the place of deteii
liscrotion ot'tlic seizin^
I'd vessel coaUl be tiikrn

n()t 1)0 required at' tin
say, that when a vi'sstl.
50, antl its eaiitaiii and
to a place of tlelentioii.
0 arrested citizen of tin
or ;;et out of prison.

govevunnMll ^vmilil 1"'
DiHefU'iivlaifiiwoniils !

iijous to tlie piiU'.tii^i! ol
hrine|l)les (d' \^m\ ml

;!<|| lio treaty coidiad to

id eoiiditioiKil, and \m-
IWilish North Anioikm
except tlsh preservnl in
'the I'tdted States !>!i;i
and it is also iiroviiK'd
may be eiitilh'd-iiot to
,t_to aimnal liVtw^^for

ca :
s, supplies, etc.

shall not be obtained by

ntie coast cf tie- I'i'it^"l

visted under the treaty
in respect of coianieirial
f the conunercial ri^rlits
tl flip t\vo<!onntries, tlii'*
o certain specified form'*
iiohitdoesseemtorecofT-

l.ave been for^iotlen i"

THE PIS1IERIK8 TREATY. ||i

the negotiations, thai Canadian lishing vcs.sels now have coniniercial
rijjhts and i>rivilege8 in the ports of the United States.

The impolicy of the general provisions of article 15 have already beeu
twice fully demonstrated, and, on the hist occasion of the kind, were
unanimously abrogated bv Congress. It is thongiit needless to now
go iido a (lis(uission of that subject.

We have thus briefly reviewed all the substantial articles of the
treaty of positive obligation excepting Article IX, which declares that
nothing in the treaty shall affect the free navigation of the Strait of
Canso. This article was evidently inserted on account of the renunci-
ation by the Unite<l States of its rights in Chedabucto Bay— this bay
being at the southern entrance of that strait.

It is abno.^t unnecessary to say that the connnitfee is Inlly sepsibjc that
ill Inatiy niatters of fair difference and of doubt ful consideration between
two governi||eMt*«» Hi ofder to arrive at an ami(!able coniposition thereof
tlu'te tmj.d He tiiutual concessions, and that the sanu; is true in respect
of enterirg into new engjsgements for co:..mercialand other intercourse
lietwee|i natioUs, I 1 or<ler that, in the last named case, perfect mutmdity
of righl lUut |»rivl ege uuiy be iuul in respect of the same matters; but
till' (lonindttee ijoes not think that the proposed treaty can be justitied
in this \S'p-,

(Ills itiea of concession was doubtless the ground and guide upon
width the treaty of 1818 was fouiuled. At the time of that treaty the
I'nited States claimed (and Justly as the committee thiidcs) that the
tishing rights recognized by the treaty of 178;J on all the shores of Brit-
ish North Anierhja were property rights and that they were not lost by
tl.e war of 1812, and that after the treaty of [»eace of 1814, which made
no nuMdion of the subject, those rights existed with all their original

The Hritish Government insisted upon the contrary and that the

rinlit of citizens of the United States to fish in any British North

American watera had been entirely lost. This led to a i)artition of the

'ii>I»nted territory — whether wise or unwise is immuterial to the present

i|nosiion — but in making this settlement the contracting parties had

evidently In view the then understood law of nations, that territorial

waters only extended to three miles from the shore; and thej' also had

in view the then existing state of treaty and legal relations between

(iiTat IJritain and the United States in respect of intercourse between

"le ibitish North American Provinces and this country, and the treaty
8. Mis. loy 3

34

THK FISHEUIES TKKATV.

l)rovi«UHK ill i-leiir t«Tnis when', in lirinsli waters, luitt'd Statos tisher
nuMi mifjlit lish and wliero they mijflit not.

Till' only iMissihIp question that eonhl fairly arise under the ticiitvof
ISIS was the .|uestion what was a Hritish bay. Hut the (iiK'stioii,asa
pnu'tieal one. has lieen in all the sixty-iwne years ainee the niakinjrof
that treaty c*r litth' or no aeconnt; for, ho far as is known, tin- only
seizure of an AnoTiean vess- I hy the Uritisli authoritifs for lishjn"
more than 'i miles from rhe shore in a hay iiKU-e than (> iiiii.'s widowas
the seizure of the Wmlii>^j1im. in \M'.\. and in that ease, as lias hceii
bef()re stated, the iiil«-rnafkrt*wl iini|»ire deeided the .seiziuv to have
lieen an illegal and unjust one.

What Aineiiean fishennen standiiif? in all tdher rexpccts on the
foot iiifr of other Ameri<;ans enj^'aged in hnsiness on the sea, iiii};lit(ln
in their eharaet«'r nx tinhrnncu in the t«'rritorial waters and liarhorsof
iJritish North Anieriea wan elearly stated, and in langiia^'e that woiiM
seem to have lieen incapable of sincere misumlerstandini;.

The whole of the substance «d' the present statu of the ditliciiUy and
discord has arisen from the c«tnrs«' of the IJritish and Canadian Itiiislii
lion and administration, tlirected against the vessels and lisliermon of
the Fniteil States in respect of their coming into IJritish North Aiiuii-
can ports or harbors or within three miles of their shores, eirlieriiiiiitr
treaty rights or commercial rights.

Ill view i)f the plain history of these transactions and of the matters
hereinbefoie stated, it does not seem to the eoinmittee that the cxistiii!.'
matters of dinicnliy are suhje<'ts for treaty negotiation; and siiili ap I
pears to have been the opini(Ui of tlie Senate by its action and In tlie
remarks of many of its members of both political parties niid In the 1
action of the House of H«'presentatives ujhui and in the passajje of the I
act of March .'J, 1S87, and its approval by the rresideiit. 1

No new ev«Mit or situation of atfairs has arisen since that time, ami I
the oi'ly real rpiestions subsisting between the two countries in rcspeet I
of the subject were those of reclamations by i\w United States for out I
rages upon its citizens, for which this treaty makes no provision, and I
Ujo question of whether the mutual arrangeinents of 1H.'{0 and the I
r<ufual rights of transit undei the treaty of 1871 s?iidl cuiitiiiiic. I

This treaty makes no provision for an indemnity. It docs make pro- I
vision for establishing fo - . ' '•bi ^ull measure ami limit of ri},'litsaim I
privileges to be enjcrc^i l>v J5i,L\'n.( .'^Bsels of the United States, what- |
ever of her clmT.-'ter tli'V u jv. iV-»v lOve and api»ear in, in tlie l""'^ I
and waters of ijtitish ly.«,.; /luerlc?, and it thus surrenders rights 1

JiM^

THE FISITERIKS TUKATY.

35

II it I'd Slates tislier

uihUm' the tmityof
,t the (HK'stion, as a
\\\vv tlu' makiiij; of
is known, ilu' (inly
:lioritios for lisliing
vu ('• luilt's \vi(U' was
it (sise, ns bus been
the seiziue to liave

M'f ft'8|M'cts on the
oil tlio soa, iiii};lit(lo
aters and liarVtoisot
aiifiiKifrc tliat would
tandinj;.

of the dilliculty ami
Liul Canadian U'gisl:i
«'ls and lisbermeu of
liritish Nortb Ameii
r shrn-es. eitberumin

ns and of tbe niiitters
iltcc that tlie existing
liation; ami siicli up-
its at'tion aniU'V tlu'
parties ;in<l l>,v tin'

i„ th(M»ii«^'>J''*'"''^'"'
■^ident.

since that time, ana
„ countries in n'SlH'rt
United States for out

ues no provision, and
• nts of 1H:W and tlie
shall eoidinue.

Itdoesniakoitro-

HimitofriKdilsa'"!
United States, wliat-

,pear in, in tbe ports
l,„s snrren.lers rigl>t«

[V

nd

I»

and i)riviU'^a»s that the counnittee thinks are clearly and fully estab-
lished under the arnuiMeuuMits of 1H30, and the treaty of 1871, or, if
8ucli rights and pvivih'fjes can be claiiued not to exist in these re-
spects, that it providcH, as of original and perpetual engagement,
for the exclusion of the American vessels engaged in a particular
ocenpation on the high seas from the ov<linary Immanities and hos-
pitalities and eciualities enjoyed in tiie British >'orth /Vmericaii ports
by all other vessels of the United States, and, so far as is known,
all the vessels of every character of every other country, while at
the same time British North American vessels engaged in the same
o(!('iii)ation and in the same seas have, without restraint, every right
and facility of commerce, hospitality, and immunity in all the ports of
the Uidted States. To enter into such an engagement, finally and per-
petually, as this, the committee thinks contrary to the dignity and just
interests of the United States.

The committee regrets that these conclusions do not meet the ap-
proval of all its members. It had hoped, as has been the case generally
hitherto, that no influences or divisions of a nature coincident with the
lines of political parties would enter into a matter of this character,
and that, as was the case only a little more than a year ag(>, all Senators
of all political parties would unite in standing lirmly in the attitmie taken
in the winter of l.S.S<>-\S7 and culminating in the act of .Mandi '■'>, 1887,
and in deelining, at whatever cost, to enter into any new engagements
'.vitii tlie British Government that should leave any American citizen,
enuaged in whati-ver octmpatioii oi l>usiness, deprived of any right or
privilege, other than tlshiiig, in any British Nttrth American or other
waters, that is or may be granted to citizens of the I nited States en-
f;aged in any other occupition, and that have beiMi ami are fully and
freely granted by the United States to every British subject, wnatever
may be his occupation.

Tbe committee thinks it di^e to tlie Senato to state t;liat, cor.trary (as
it believes) to the universal jirevious jiraetice of the Executive in con-
nection with the consideration of treaties when the Senate has asked for
all tbe papers and information in detail concerning the progress of the
negotiations, the I'ixecutivahas not thought it for the " public interest,"
in this instance, to communicate all such papers and such detailed infor-
mation to the Seiiate, although the Senate requested it; and it was stated
in reply to the resolution of request that the deliberations of the pleni-

™H

11'.

M

THE FISIIEKIKS TREATY.

potoiitiarit's were in conlUltMU'o, iiiul "that only results slioiild ho nii-
nouiu'cd and sucli other natters HHthejoiut prottjcolists should sigimu.
(ler the direction of the 'lenipoteutiaries."

It is, however, stated thai every point Niibuiitted to conference is cov-
ered by i)ai)er8 alnsidy in possession of the Henate, excepting tliei|iies-
tion of dania^a's sustained by our lisheruien, and which, it Ih stated
was met by a counterelaiin for daina^^es to Hrilish vessels in the lidii-
ing Sea. It is then added that —

To the tliscrotion hihI control of tho Executive are iiitruHtcil thu iiiitialionanilci):!.
«liut of tlio iiejj;otitttion of trouticH, iiiiil without t)io jrnaranty of liiutiiiil and iinpluit
conli«h'tn-o belwt'«Mi tlie ajicnts, lu-pitiatimis foi th« voluutiiry udjnstiiit'iit of vcxnl
quCNtions in controversy between niitionH conhl not hoiiefiiily lie cntrrid iipdn.

It thUNnpi»enr8 to be (dainietl by the I'^xcentive that the Henate, with-
out whose advice and consent no treaty can be concludt'd, has norifjiitto
be informed, confidentially, of the course of neootiations and (liscussioiis
and the various propositions and arj;umeiits pro and con uiisinjjiii tlie
nej,'otia.ion of a treaty. The committee feels it to be their diitv to pin-
tost against any such asNumptU)n. It, belicn'cs thatsudi a claim is con-
trary to t!ie essential nature of the constitutional relations l)et\vecii tiie
rresident and the Senate on such subjects, an<l that it is the reversed'
the continuous practice in such matters from the. commencement of tlie
Government to this time.

The principal points of tlie treaty, etc., that have beeii coiissideredlty
the (ionuuittee in the forej?oin«; stateujent and di-scussion may l>e sirni-
marized subsiantiallv as follows:

SUMMAHV.

I. The i;nite<l States reco<;ni/.c as British territory ami iviioiincet'or-
ever all claim of independent right in all the jifreat bays alonj,' the Hrir-
ish North Ameri(;an coasts, named in the treaty, ami admit that all siicli
bays form a part of and are within British territorial sovereignty iiml
jurisdicti'M).

II. Of the (ew of such great bays that are left to be visited hy Aimn
ican Hsherman the hw/.or part are understood to be valueless, and some
of them are Kul»ject to French liahery rights older than ourown.iftlmv
are British bays.

III. If bay Hsiiing is not i>rolitable now it may be in the fuiiin

IV. Whether profltable or not, the (nited States ought not to give
up, upon any consideration whatever, the right of its vessels of every
chariioter to vifiit and carry on buHJuess in any part of the public seas.

THE FISHKRIKS TRKATV.

m

V. The treaty MurrcMKhn-.s tlie <!liii in iiiid right of Ihc United States,
whicii lias IxHMi aetod ui)()n and exercised tV>r now more than a century,
of its vessels en}>aj,'ed in lishinff or other ocenpations to visit and carry
on their business in these threat bays, ajid tiie prineipUi of which claim
ami rijjht has once l)een solemnly decided aj,Minst Great P.rittiin by a
tribiuiid organized ninler a treaty with thai (rovernment.

\l. The new area of delimination described in the treaty greatly in-
creases thedanger of our tlshernien unintentionally invading prohibited
waters, and thereby exposing them to seizures and perjalties.

\ II. Tiie treaty, by its tifth artieh', renounces any right of the tTnited
St;\tes in any bay, etc., however large, that " can not i»e reached from the
sea without juissinrf witlnn tlie .'i nnirine miles mentioned in article 1 of
tlic convention of October 20, 1S18," thus excluding vessels of the United
States frnm all wateis, however extensive, and the distance between
vliosc headlands is however great, the sailing channel to which may
happen to be within ."{ miles of the shore.

\'I1I. The treiity is a «'on)|)lete surrender of any claim of a right now
ixisting eitln'r under the treaty of 1783, the treaty of ISIS, the ncia of
Congress and tlu' IJritish onb^rs in council of IS.'JO, or tln' twenty-ninth
;uti(!le of the treaty of 1S71, for vcss»*ls of the United States nigaged
111 iishing anywhere on the high seas, .ii.d even luiving a coiumereial
•liaracirr also, to enter any port of iJritish North America for any com-
mercial purjtose wiiatevcr, and puts in tiie place of tluise <;l<'ar rights,
i^liicli. in respect of Hiitish fishing vessels, exist in the United States
to the fuMest extent, greatly restricted and conditional rights as arising
<(>U'\\ from a present gra;jt of Great Britain.

IX. It binds the United States to be content with whatever is given
<y this treaty as the full measure of its rights, ami to be content with
' forever, or until greater liospitality and freedom of intercourse can
If oiitained by further ctujcessions or considerations on oiir part.

X. Ill the face of all this it leaves IJritisli North American tishing
css.ls possessed of all cominercial rights in all ilie p<»rts and waters of

tiic I iiited States.

XI. Whatever privileges of commerce, hospitality, or humanity are
tliiis provided for in the treaty an* to be obtained cnly upon condition
tliat no Iishing vessel of the United States shall ret^eive any of them
unless such fishing vessel shall, under regulations of the Secretary of
the Treasury of the United States, be branded with an odicial number
on each bow, and that su -h regulation shall, before they become effectual,
btU'oniinnnicated to Her Majesty's (iovernment.

4

38

THE FIHHKUIES TRKATV.

.MI. It ju'ovides that ^eiu'ial, and even then, niucli limited, com
iiKMcial i;p:hts an«l rifjlits of tiaiissliipincnt, as njeiitioui'd in aitide
tifti'CMi, shall be obtained only at the jniee of exeniptiiif? all Ciuiatliuii
fishery ]>r<>tliicts from onr enstoni duties.

XIII. Its i»rovisions eonceriiiii;; the exeiuitivc and jndieial trcalineiit
of Anujicm .vessels and lisheriuen that may be seized or arrested for
snpi'osed illegal eondiict are, to make the most of them, notliiiij,' otlicr,
and probiibly somethiu); less, than a statement of what the, laws and
condnct ot any administrati«»n of every government j)role.ssiii;; to l)e
civilized shonhl a<lopt and exereise as an aet of duty and Jiistiw.

XIV. Instead of diminishing; sources of irritation and causes of dif-
lienlty, different interpretations and disputes, it will, the coiimiittee
thinks, very laryely increase them.

Vari(»us other suj^^'estions adverse to the wisdom of ratifyiiif,' this
treaty niiijht easily be nunU', but the etunmiitee »loes not tliiiil: it ihh-
essary to j^o into tluun.

The committee can not but hope, that if these illadvised ne;;<)tiatioiis,
which, as is known to all the worW, can not pniperly eonniiil tii«"' riiited
Staten in any <leyree until they shall have receive<l the constitutional
as.sent of the Senate, shall fail to meet the approval of this body, Her
Majesty's Government will take measures to secnn* justice and lair
tr«*atniont in her North Anuriean dominions to American vessels and
Amerieau citizens, in all res[»ects and under all circumstinccs, and
that that (ioverument will see the justice and i»n»priety of iKcording
to Aineiican vessels enjiaged in the business of lishiuj^ ail tiic "Uii
mercial rights and facilities in her North American ports tlint aiv so
freely and cheerfully a<'corded to her own in the jmrts of tlie fnitnl
States, and that thus the friendship and good feeling which ought to
exist between neighln»iing nation^ inn) be tJnally established and se
cured.

,U/IIN SUEHMAN.

Geo. F. KoMiNDS.
Wm. r. FitvK.
Wm. M. Kvar'Js.

J. N. JJOLIMI.

MiiY 7, 1888.

VIEWS OF THK MIXOIIITV OF THF rOMMlTTFE OX FOREIGN

UFLATIONS

Ul'ON THK

Tieatji .siyned on the ITi/A Fihruanj, 1S88, />*/ the plenipotentiaries of the
United IStatea and Great Britain, dintieuting from the report of the
majority of that committee, tvhich reoominends that the iSenate re/'use to
advixe and eomeiU to the ratijivution of said treaty.

"il

Tlic minority of the Comiiiittt^e on Foreiffu Rolations dissent from
the report of t!ie majority rccoimncntliu}; tlui roJiHition of the treaty
with Great Britaiu dated February l'>, 188S, and submitted to the
Senate for its consideration, and pre.seut the following as their princi-
pal reasons for their dissent :

Two objeciions to this treaty were stated in commitiee.

(1) That it luid been negotiated and signed by persons wiio were not
•liily emjiowered, lunler the Constitution and laws of the United States,
to conduct and conclude a treaty.

(2) That the treaty, on its merits, >lii)u)(l not be r-itified by the
Seii;il.-.

To iiH'i't tln^ hrst objection, ,i member of the minority of the com-
[mittee introduced the following resolution:

Resolved, That tlip treaty sijjiipil by Tln>iii;is F. Hay.ud. William I.. I'litimm, and
I Jiiiii- li. An)»e11, as nloiiipotputiaries of the United States, in conjunction with the
jitritisli i)l<«nipotf>ntiarit'^, on the l.")th day of F'elirnary, 18-»8, ami sunt to the Senate
I l)y the President an a treaty duly negotiated, for the consideration and action of the
[Sdiati', m properly authenticate*! as a treaty made by the President of the United
IStates, acting within his constitutional powers, ai.il is lawful and valid as a negotia-

Minil.

39

40

THK KISIIKKIKS TKEATY.

Tho piirnDso of this n'solutiou was to briii^ before tlio HeiuUi', indU
tiiuit fortii, the rui;oiniiuMi<liitioii of tlie roiiuiiittee as to the tiu'ritsot'the
treaty, apart from any i-oMateral matter n^hitiii)^ to the nej:(»tiatioiio;
the instrmiM'iit.

In committee, this resohition was laiil upon the tal)1e,an<l tlH'ivbyanv
rtHM)inm*'n(lati(Mi as to the (inestion it presents, in answer tit rhc llrst
objeeiion to the treaty, iw above stated, was avoided.

The minority o( thectimiiiitlee hold that it is entirely eompetunt [\>rii
majority in the Senate to deelare lluir. tlie treaty has been ne;,'(>ti!it('([aiiil
8i;;ned in a pntper manner, and by persons dtdy qualitit^KorotlKMuiseto
retnrn ittoth*' President as a paper Ihat dot»s nut call into exercise tin
]H)wers and jnrisdietion of the Senate upon the rpu'stion of its rntiticatioii
by tln'in. And, if a majority in the Senate shall declare that tlu' treaty
is sent to the Senate by the I'residt'nt and is duly sij:fne<l and aiitlii'iiti
orttod, or if no objection to it on that ground is made, tiicii tlie .siil)ji'(;t
matter of the treaty is in order and should l)e eonsidcMvd by the Senate.

It is not disputed, or, so far aa the nndersi;;ned are infoi'nuMl.doiiliteu,
by any one tliat tin* Senate juay accept and ratify, on the part of the
I'nitcd States, any treaty tliat tli<' President lias made with a fordirii
government, that he sends to the Senate for ci/n.sidvratioii, ami iiiiiy
waive any iidonnality attendinjj its negotiation.

In actH'ptin;;' the paper st-nt t(» the Senate by the Presidfiit as a
treaty, an<l by refcrrin},^ the same to its conunittee, the Si'iiatf have
virtually waived any itdbrmality. if there is any, in the ncf^otiatioii
and signinfr of the instrutiu nt, and the nndersi»ned con<'eivt' that the
wlude <lnty of the comniittee was to consider and report ii|ioii the
merits of the treaty.

The nndersi;,'ned will, therefore, present their views upon tlie >iih
Stance of the treaty, tlrst, and will then state the reasons tnat torn
them to the cimcdusioii that there can be no just fjround for tlio rejee
tion of the treaty, j;rowinjr out of the manner of its nefiotiatioii.

If it is better tor the country that the treaty should be rafilifl, the
rejection of it for matters that are merely formal or techii. .il, i" «'•
grave an emer{j;ency as is no.v presented in conn-'etion with this old
and hara^siuK controversy, would be a serious injnrv to the country.

The nndersifjued believe that it is better for oui country that the
treaty should be ratitled, and they are equally convinced that tlit'<iitire
class of our people who are actively en<ra}ied in our Noitli Atlantic
fishiiifj: industry will be benelited by its ratitication.

THE FISIILUIES TKEATY.

41

Tlio tlPHt article of tlu^ treaty of 181H is as follows:

Wlierorts (lillorPtieroH linvo iiriMnii rHHpoctiiiK flm lihorty rluiincd liy tlii« Hiiitod
States, for t\w iiiliiil>itiint.s tln'ri-of, t(i take. <lry, iiiid euro ll.sh on ctTfaiii coasts, bays,
IuiiIm. -i, itiid crtM'kHor Mis Hrilnimic M,ij(>Kty's (loniiiiiMUM in AiiK-ricii, it is aniftMl b«-
twet'i. h.>lii;;li coiitnictiiiK i>HrtifH thai the iiilniliilnnts oltliKHuid l^nitfd StiitcNHliall
have tbr«V(>r, in cionmioii with tln« Hiil»i<M'ts of His fJritaiiiiic Majesty, tin- iilinrty to
take lisii of (*vory kind on tliHt part, of lii<> HKiidicrn coast of N«\vfoiiiiilIaml which
exli nils from ('. iM' Kay to tlu> Uamoaii Islamls. mi t lie western and nortliem coast
of Xewfoumlliinl . from tlio Haid Cape Ray to the (^uirpon Islands, on the shoren
of tilt' MandaitMi islands, and also on tlie coasts, hays, iiiii '>vh, and creelis, fron*
Mom. I Jojy, on tli« wiiithern coast of l,ahra(U)i-, to and llironuli ilio .SliailHof Uclle
Isle, anil tiieiiee northwardly, indetlnit«ly, aloiiij the coast, withont prejinlice, how-
ever, to 11 -y of tho oxcliisivH rights of the ilndson IJay Coiii|)aiiy. And tiial llic
Aineriean lishormcn shall also h ivo lihertv forever to dry and cnrti lish in any of the
uiiwtflcd hays, Iiarttors, and creeks of lii. sonthern part of the coast, of Newfonnd-
laiid hercahrtvt) described, ami of tlic coast of liahrador; hnt, so soon as the same
01 any portion thereof shall he settled, it shall not he lawful for the said lishernien to
tlry or ci.rc lish at snch portn)n so settled witlnnit (jrevioiis a>;rceinent for such,
imrpose with the inh.vliitants, propriidois, or posseHsors of the ^r,(,niid. Ami the
riiitcd Stati's iiereSy renounce fortjver any liberty hcretoiore enJoy»'d or claimed
hy the inhabitants thereof to take, dry, or cnre lish, oi' or within three niarim- miles
ofanyofthe co ists, bays, creeks, or harbi)rs of His Ihitannic Majesty's domiirlons
in America not inclnded within the almve-mi'ntioned limits: I'rorhlt'd, lioiirvcr,
Tiiiit I lie .American lishernien shall be admirted lo enter snch bays or harbors fur
tilt) purpose of shelter aiiil of ie]»airinj; damaj^ea thtnein. of [>in-chasiiii^ wood, and
of ohtaininy; water, and for in) other purpose whatever, lint they shall be under
.such rcstrictiinis as may be necessary to prevent their takin":, dr\ iiiff, or cnrm^ li.sli
therein, or in any other manner whatev»!r al>Msing the |^rivlle^es hereby reserved to

tlll'lU.

Articles IS to 2't, hotli iiicJiisive, of the treaty of 1871, covered the
whole subject of tlu^ lisliiiij^ riolits ami liberties between ti.e United
^States and the British North American colonies, " in <((hliti()u'" to those
secured by the treaiy of 1^18. :No other articles in tlie treaty of KS71
iX'lated to the lisheries, or the rights of lisiierinen. \\ lien the L'tiited
States abrof-ated these article.s, that conipleteb" ended the inlhience of
tliat treaty over onr lishiMg rights. Article 21) was not terminated, but
it never had the least reference to the tisiieries treaty of ISIS, to enhirge
its scope, change its meaning, or in any way to atl'ect any right to which
tliiit tieaty related. Vet, if -that is not the true meaning of thu L'Dth
article of the treaty of 1S7J., this i)resent treaty in no way aHects that
article, and it stands for all that it was ever worth in favor of our tish-
I'l'ineii.

.%.

''^>.

IMAGE EVALUATION
TEST TARGET (MT-S)

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1.0

I.I

1.25

■^ !■■ 122

.Ir 1^ 12.0

1.8

U IIIIII.6

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Photographic

Sciences
Corporation

23 WEST MAIN STRieET

WEBSTER, N.Y. 14580

(716) 872-4503

..■^

^

!^>^

42

THE FISHEUIES TUEATY.

t.

€.EN1:KAI> statement of the SITIATION WlllCM HAS hMlSELTED ll^OM
THE " MISlNDEUsrANDlNU" AS TO THE TlUE ilEAMNU UK THK
tki:aty of I-IH.

Durinjr t««neiJt.v .VfJirs tlic ])eoj)Ic of tln^ riiitod States iiiul ol" t!ie
British Nortli Aiiu'vicaii proviiurs in thf iioitln'ast irivo hceii fre-
quently «Mi^a{;etl in contention and dispute, in (;ontroversy and con-
tlict, al>ont tlie true interpretation of tlie lisheries treaty of IhlS.

The most fretjuent ah«. serious disa^reeineats have arisen uucUt tlio
prorina to the first artitde, which is as foHows:

Provided, hmrenr, Tlint tli«> AiiU'ricaii ri.slii'Miuii shull l»f inliiiittcd to enter smii
bays or 'larlioiH for tlic ptiritose of hIu'Uit HiuI of rt'imiriii^j «laiua>{CH tlu'Hin, iiml of
piiri'li.ishig wood, and of ohlaininjj water, and for no otlier |mriu,8o whatever. Kiit
they slnill l»e nndiT sinh rentrietictns as may l)e neceHsary to provei\t their taking;,
dryinix, or cnriiin tisli tlierein, or in any other manner .vhatoviir al)n8iiift tlie iirivilfjjcs
hereby reserved to them.

This proviso, as it \v;»s ])ropo^ 'd l)y our nofjotiators, contained tlio

words '' and bait "' after the word " water." These words were striciceii
out, with the con.sent of our Coninii.ssioners. The right to obtain bait

was tiius tinally disposed of as a treaty ri^iit.

In this proviso the four distinct "i>riviU*^es hereby reserved to"
American tisheruien are stated detinilely, while "'such restrictions as
may be necessary to prevent" theui iu any ui inner from ♦'aitu.Mujj the

l)rivih'o;es" reserved to them are tiot defined, except iu the most geneial
terms.

Ameri<'an fisiiermen are jdaced "urnb^r HU(di restrictions" with no
guaranty as to the junsdiciion, v.hether provincial or injpi'rial, tliat
slnill pronmlgate and enforce them ; or whether tliey shall be declared
by legislative authority, or administered by executive authority or by
the judiciary.

It was contemplated in this treaty that further definitions on the.se
delicate ipiestions should be settled, either by the future agreeineiit
of the treaty powers, or that Great Britain should choose the triluniuls
that wouhl declare and enforce these "restricjtieus" against American
fishermen, subjecit only to the requirement that they should be "such
restrictions as nniy be necessary to prevent their taking, drying, or
curing fish therein, or in any other mauuer wbatever abusing the privi-
leges hereby reserved to them." ~

That controveriiies would arise uuder this uncertiiin definition of the
power to prescribe restrictious t^ our flshermeu iu the eiyoyuieut of

THE FISHERIES TREATY.

43

Iiositivi' treaty rifjlits was hh ctirtaiu in isiS as sovoiity .years' expt'ri-
oiici' lias jtroveii it to bo, in an unCortnnato history.

It was i)rol)al>Iy cxpect^'d in 1S18 that the- ^jood sense of the people
a):tl tin' j:oo(l will of their (lovernineiits wonhl enable them to arrange
tlicsc iinleflnfte "restrietions" by i>rece<leiit and actciniescenee, and thus
;iil()|t' ;i series of re;;nlations, the justice and i)ropriety of which .lii
would atlinit. But such iiopes, if they were entertain*Ml, have been
tlisappointed, and the eajjer rivalry tiiat a very lucrative employment
has stimulated has involved the people ani'i their (lovernments in <lan-
•"Toiis controversies as to the "restrictions" that were left without ac-
(•iii'ate definition in the proviso to the flist article of the treaty of 1S18.

KH'trts have been made, that were for a time su(;cessful, to compose
tlipsc and other troubhsonic <iuestu>ns yrowin;; out of article 1 of the
treaty of 1818, by new treaty arrangements relating' to the lisheries iu
Diitish waters on tlie northeastern coasts.

In the treaty of 18a4 the fe|;ose of these questions was secured for a
tiiiii for the consideration ofa liberal rei'iprocity extending; to a variety
(it subjects. The ri«;ht of the free navi;javion of the St. liawrence
Hi'er was indudi d in that reciprocal agreement, and was umde per-
petual by the reciprocity tn-aty of 1871.

Ill the treaty of )87l we ajfain pur these questions to rest for a time
by the promise of enou};h nu)ney to e(p!,di/e rhe possilih^ advantajjes of
ill'' Canadian and other tisheries over those on our (u>ast north of iilP
iiiirtli latitude. •

Neither of these arranjienienta proved satisfactory to us as to the tish-
iries. and they were terminated by the Unitetl Slates.

Ill addition to these ettorts, our diplomatists have employed every
ai;;iiiiu nt that seemed possible, throu;;h many years of laborious cor-
resi»)ii(lence and conference, to tind a jiround of mutual undt-rstandin^
iiiul consent as to the true inter|)retation of the treaty of 1818,

Without attemi)tinj; to state all the cases of waininfjs, seizures, fines,
Hill coiiiiscaiions, of searciies ami <;aptures and other rigorous api»li-
tatioiis of "restrictions" that have been visiteil upon our lishermen,
it is painfully true that they have been very uum^'rous, frequently very
iiKj,M'avated, and have caused our fishermen }freal expense and serious
liisws.

Kverv Iniuing season, when the reciprocity treaties were not in force,
liiisadiled to these coaiplications and rendered their solution more dif-
ficult.

■ -m

44

THE riSHKUlKH TKEATV.

Tliat very little profjre.ss has Ihhmi made in roachiiij; a coininon basis
of a;i:reement in the solntion of these eontentions and eonllicliiig; con-
structions of the proviso in article I of tlie treaty of 181.S, or id ro-
spect of the headland theory (which is based, as we understand, upon
the laji};ua<;e of that proviso and the preceding parts of that section,
and not upon the principles of international law), is api»;irent from the
citations i)f cases that have arisen since 1818, presently to be made.

Instead of a nearer approa(di to such iin undeistanding as to a true
and mutually acceptable construction of the tlrsr article of the treaty, a
wider diverjieuce of opinion and a more det<Mrnined contention liave
characterized the diplomncy of both tlie treaty jiowers.

We seem now to have reacdu'd a point where we must seek to allay
the }ifrowin<; bitterness of these differences by a friendly, sincere, and
mutually respectful consitleration of the positions assumed by each Gov-
ernment, or else we must enforce our views by vigorous measures of
retaliation.

It seems to have l»ecome necessary to make such modirtcations of that
treaty as are su<>,t;<"ted by our changed commercial relations since ISIS,
and also by our metho<ls of fishing with purse seines and of presorvinj,'
fish in ice and SiU)w, which have grown up iiito almost entirely new
systems, jvith new attending waids, in the past thirty years.

The gradual abridgment of our right to land and cure fish on the
shoi'es of the British possessions, as the country along the shores should
become populated, was i)rovided for in the treaties of 1783, 1818, 1854.
and 1871. This feature in a treaty is thought to be entirely novel. It
relates to a future expected change in the condition of the then unin-
habited coasts of British Auterica. It certainly suggests in a forcible
way that it was contemplated that future mod.tieations of the treaties
would be necessary to meet these changed conditions when they should
occtir.

The progress of civilization on th<' Xorth American continent, with
the necessary increase of (;ommerce and of improviMuent in every in-
dustry, has wrought changes in the condition of the people which have |
demanded, from time to tinu\ changes in tlie treaty relations of the ad-
joining countries that were indispensable.

The right of navigating the Mississippi and 8t. Lawrence Rivers, as
now agreed upon, is a most forcible illustration of this necessity for an |
international policy, modified by international agreement, that will |Uo-|
vide for the mutual wants and idvaiitage of these adjoining countries;
as thv? occasion demands.

BBRSl

THE FISHEKIKS TRKATY.

45

All iiitlexiblo adliereiKM? t»» tho literal constriKJtion of ancient agree-
iiK'iits that have become too narrow for the convenieiiee of either ooim-
try, wliether it results from national Jealousy or cointnereial rivalry,
creates an incubus upon the projjress of the communities eoncerned
that is (lerojjatory to those wlio refuse to yield their prejtuliees.

Mr. Hiiyard, in presentinj; to the consideration of the IJritish Gov-
onniHMit the reasons for a more liberal interpretation of the treaty of
1818, and for an enlaruenient of the privileges of our tishermen in the
colonial ports, strongly urged the necessity for this relaxation of the
strict and literal construction placi'd by that Government on that treaty,
liecaiise of the growth of the comnu'rcc of both countri.'s, the building
of vast lint's of railways, the increase of population, the eidarged de-
iniiiul Tor the prodiu;ts of the tisheries, an<l the more intimate commer-
cial ami social relation.s of the people.

SiK'li consideratio'.is demand candul attention, and are. of themselves,
siillicient reasons to iiulnce both (Jovernments to lay asi«U' prejinlices
and resentments, and to induce their people to cultivate fri«Midly rela-
tions, rather than lo put their welfare at uazard by fostering ill-will
towards each other, resulting in eoniinual strife.

Tosliow the very serious results of a ditierent poli<'y, the niulersigned
luvscnt the following statement of oases that have arisen out of tho
contlioting views as to the nieaning of the first article of the treaty of
MS. It is probably far short of the full list of cases that have actually
(KTiined, but it is large enough to disclose the fact that wide and seri-
ous dilU'rences have existed since 1810 in the interi)retation of that
treaty, attended with complaints and remonstrances and protests, fol-
lowed by diplonnitic correspondence, and at times threatening the grav-
I'st c()iise(piences to the peace of the two countries.

hi all the long list of cases that are here referred to oidy in one case,
that of The Wasliington, seized for fishing in the Bay of Fundy in
18t.i, has any reparation been made for any wrong done our tishermen
miller the treaty of 1818.

Keparation was not, indeed, deiminiled in any such case until 1886.

Lift of canes above nt'cired to.
1. Juno WG, iHtW, L'Orient seized, tukuu to .'it. Joliu, aud cuudoiuufd September 14,

•■ In \&^i, Chiirlea of York, Miiuie, seized by the Argus aud taken into port for trial.
3. July 18, 1824, GaUiou seized, taken to St. John, and condemned Ang'ist IG, 1824.
< bily 18, 1824, ll'illiam Heized, taken to St. .lolin, and condemned August 16, 1824.
* Octol»er7, 1824, Escape seized, taken to St. John, aud condemned November 18, 1824.

4fi

THE KISIIEKIKS TREATY.

«>. Oi'tolMT 7, 1S'2I, /«'()»•«•»• Hoi/,t>(l, tiiki'ii to St. John, and foiulemiKMl N'ovoihImt l^. 18.M.
7. Octoln'tT, IH'il, 'Nt(« /<7oif«T seized, Uki'U to 8t. John, liiul couduinued Novenibor

18, 1H24.
f*. June I, IfeJW, //cro seized, tiiken to Halifax, mid eoiidenmed Junitnry 2"?, l*{i).
U. November 1, iSi)^, Combeiie seized, taken to Halifax, and (Mindenined January 2X,

is;i!>.

10. May — , l.s;!'.», ./<ira sfizod, taken to Halifax, and condeinned An^tnst .">, IH:{<).
H. Jnne I, l."*:l'J, ShtUaiid seized, taken to Halifax, and condemned Jidy H, lS:t!).

12. May 21), 183'J, Indei)endence Heized, taken to Halifax, and condemned Aii;;iist 5,

IffW.

13. May 25, 18;l9, 3fa<juolia seized, taken to Halifax, and condemned AufjuHt."), I83!l.

14. May — , IKil*, //«»-^ seized, taken to Halifax, and eoiidemned Ani;nsl .">, l*!'.t.

15. Jnne—, lt*^\i, ;>rt/(//e seized, taken to Halifax, and eondemned July H, lH:!'.t.

Hi. Jnne 14. ls;W, IJifiltr Allii >n'iMd, taken to Halifax, and eondemned July 8, 1*11).
17. Jnne II. 18;{9, EU:a seized, takeu to Halifax, and condeinned July 8, 1*11),
IH. Jnne — , l"*.!".*, Mny I'hwer seized, taken (o Halifax, and restored to its owuerH.
19. Jnne 2, ld40, Vapincaa seized, taken to Halifax, uud condemned July 10, 1840.
520. Jnne 2. 1."'40, Maiij seized, taken to Halifax, and condemned July 10, 1840.

21. Septoniber 11, L8U', Ahnt seized, taken to Halifax, and condemned December *\

1840.

22. September 18, 1H40, I)ire<fnr seized, taken to Halifax, and eondemned Decenibii

8, 1840.

23. October 1. 1840, Octan seized, taken to Halifax, and condemned December 8, 1840.

24. May C, 1*^41, P'unutr seized, taken to Halifax, and condemned AiiKiist 18, 1811.

25. May 20, 1841, 7'ifi> I'i'uikIm seiz'-d, taken to Halifax, and restored.

2(). S''itteniber 20, 1841, Mars si'ized, taken to Halifax, and condemned November v.'.
1841. '

27. September 20, 1841, Egrel seized, taken to Halifax, and condemned November •.',

1841.

28. October 111, IHH, 'larrior seized, taken to Halifax, ami conlemmd .Novt luber '.K

1841.
2".t. October i:i. l-'tl, //o/>c seized, taken to Halifax, and restored.

30. October !".l, 1841, l/ai/ /•Votcer «Mzed, taken to Halifax, and condemned Deceiiibci

7, 1H41.

:U. May 7. 184;i, l\'iiiihington seizid, taken to Halifax, and condemned August 1,184:!.

32. In 184 J, AryitH .seized by the Siilph, otf the coast of Cape Hreton, when "fifteen

miles ft'om any land." "This wiw the second seizure under the iie\V construc-
tion of the treaty of 1818." .

33. In 1845, "an American tisherman • • » was seized in the Hay of Fnmly, at

anchor insidfl the liftht-hoiise at the entrance of Dij^V Gut."

34. In 184»), "the seizure and tola! loss of several .\inorican vessels," not naiiied, i*

noted in S. Doc. 22, 2d sess., ;{2d Congress.

35. May 10, 1848, //j/arfM sei.MHl, taken to Halifax, and oondeiiinod September 5, 1648.

36. May 11, 1849. Leonidaa seized, taken to Halifax, and con<lemaed Juno 25), 1849.

37. September 14, 1850, Harp seize<l, taken to Halifax, and condemned Janiiary'if*,

1851.

I

THE FI8HKKIEH TKKRTY.

47

miied Dfcemher

■innt'd Dt'ceiiilier

38 Ocfulier "29, 1851, Tiber nemM\, lint tln-ro is no iMfdrination hh to tlio dtspoHition

lii:iil*> of it.
:i;i. .Iiiiu- lt>, h i, Cora f Hoizetl, tiikon to St. .Io'mi, iiml coii<lcnm««l July tW, 185'2.
40 .hilyiiO. 18512, Union seized, tnkon to Cliiirlottofown, ;in<l coudt'iiinud Sopteiubor

•!J, \-Wl. ■ '

(1. Auxust fi, I'^'i'i, Florida Hoizod, tiikpn to Churlottetown. ,iiid (>ond«Mnn«d S<iptorn-

ber 7. 18r.'2.
4J. .Soptcni'ior 11, lr<.V>, Caroline Kiiiiiht sci/.cd, taken to ('liiirloltt^town, and con-

lU'UlIK'd.

i;i. Ill I'' I'i, (loldrn /^</e d»<tninod und tak«Mi to Cliftrlott»Mo\vn. nnd liberated on the
(iwner ivcknoM'led^^ing violHtiuii of tiie treaty and that the iiheration wa.s an
aet ot'<'Ion)"ncy.

II. Noveinher KJ, 1H<V.», Vicp-Adtniral Wellosley reyiortod that dnrinp: the past sensou
1(W vissels had !ioen hoanled l>y the I'Jritish ernJHers, ot" whieli i:{l within the
three-mile limit had lieen warned onee, and 1!> had hetMi warned twi(M'.

Ill 1870 Mio following t'li'Vi'ii (11) vessels wore seized und taken into
tlie provincial ports, sonu' of w'uieh wer«^ eondenineil, while others, per-
liiips, were liberated: .Iiine 27, WampntiicL- ((londeinned) ; Jnno 30,
./. //. Xivl.erson (taken to Halifax); f\.nf;tist 27, Lizzie A. Tarr (eon-
(l(Mimed); September 30, .1. //. U'om^oh (taken to Halifax) ; October 15,
A. J, Franklin {iixkaw to Halifax); Xovendier 8, Romp; November 25,
White Faicn (taken to St. John)j and S. 0. Murxhall^ Albert, and Clara
F. Friend. '--- '

III January, 1878, the Fred. P. Frye, Mary .If., Lizzie and Xamari,
Fdward E, Webster, Williuin E. McDonald, Crettt of the Wave, B^. A,
Smith, Ilereirnrd, Mones Adams, (Jharlex E. Warren, Moro Castle, Wild-
Jire. Maud and Effie, Isaac Rich, Bunber Hill, llonanza, Moses Knoiclton,
11. .1/. Rogers, John W. Bray, Maud B. Wctherell, Neic England, and
Ontario were driven from Long Harbor in Fortune Bay by the violence
of a mob, which de«troye<l some of tiieir seines, and did not agaiu that
season return to their Hshingground.s. Twenty-two vessels were in-
eluded in tliis list, the interference with which was made the occasion
of a separate and important correspondence, conductetl, on our side,
cliieily by Mr. Evarta, Secretary of State.

The following lists are taken from the subjoined correspondence of
Secretary Jiayard and Professor Haird with Mr. Kdmunds, ciiairman of
tbe(!oinmittee on Foreign Relations :

Reriaed litt of ve»$eU iRvolved in the controversy with the Canadian authorities.

Departmknt OF State,

JVashington, .fanuarif'H), 1887.
J*iR : Kesponding to your rcqnest, dated the 17th and received at this Department
on tlio 18th iastant, on behalf of the Coiuinittee on Foreign Relations, for a revision

48

THE FISFIEUIKS TREATY.

of tho list, hurotofore fiiriiiHiiod by ilii.s l>o|mrtiuoiit to the votuinitti'o, of nil Ainori-
can veHSflls Hoi/nd, wiiriiod, lino.l, or <lotiiiii<Hl by tho Citiiiuliaii <ii(tlioritin8<liiriiiK ihu
year 18HG, I now inrloHo tho wimo. . ; .

Every such iiiatanci) is therein chronolo^rieiillyenuiiR'nitail, with a statcuietitof the
geiiuru! fnctH att<Mi(lant.

Very respect fully, your.s,

T. K. H.vYAKi).

HOU. GKOIUiK F. EOMITNOH,

United Stnfen Sniale.

List of American ves^th seized, detained, or warned off from Canadian porln diirinij the last

year.

1. Sarah li. I'litnam. Beverly, MasH.; ChiirleH Uaiidoliih, rnanter. Driven from hnilior

of Puluiico in sioiin Maroh '2'2, 1HS().

2. Jotieph Slory. (ilouceNlcr, Ma»*H. Detained by ciiHtoinR otlioers at IJadilick, N. S.,

in April, IBS);, for nl!ege«l violation of thu customs laws. Uoloasud after twuiity-
four hours' detention.

3. Selh Stockhridfli: Gloucester, Mass.; Antone Olson, nuister. Warned oH' from St.

Andrews, N. IJ., about April [W, IHSti.

4. Annie M. Jordan. Gloiici'ster, Mass.; Alexander Ilnine, master. WarnedotVat St.

Andrews, N. U., about May 4, IHdG.

5. DaridJ. Adams. Glonoester, Mass. ; Alden Kinney, master. Seized at Dijjby, Nova

Sc<»tia, May 7, 1880, for allefjed violation of treaty of 1818, act of .W, George III,
and act of 188;i. Two suits brought in vice-admiralty court at Halifax for iioii-
alties. Protest tiled May 1'2. Suits ponding still, and vessel not yet releuHiil
apjiareutly.

6. Susie Cooper. (Hooper?) Gloucesterf, Mass. Boarded and Hearcliinl, and crow

rudely treated, by Canu<lian oftlcials in Caiiso May, Nova Scotia, May, l^Sti,

7. Ella it. PoHifhiy. Portland, Me. ; Warren A. Doughty, master. Seized at St. AniiV,

Cape Breton, May 17, 1886, fur alleged violation of the customs laws. Suit was
instituted in vice-admiralty court at Halifax, Xova Scotia, but was subsc-
qiirxtly abandoned, anil vessel was released June 211, 188<>.

8. Jennieiind Julia. Eastjiort, Me. : W. H. Travis, mastor. Warned oil' at Uigby, Nova

Scotia, by customs oflicers, May 19, 1886.
1). Liiri/ Ann. Gloucester, Mass. ; Joseph H. Smith, nmster. Warned oflf at Yar-
mouth, Nova Scotia, May '21), 1886.

10. Uattliew KiUHji. Gloucester, Mass. Detained at Sonris. Prince Edward Islaml,
one «lay for allegtid violation of customs laws, abont May HI, 18d«i.

il. James A. Garjield. Gloucester, Ma.ss. Tlireato.ied, about .June 1, 188G. with
seizure for having purchased bait in a Canadian harbor.

12. Martha fV. ISradly. Gloucester, Mass.; J. F. Ventier, master. Warned off at]

Canso, Nova Scotia, between June 1 and 8, 1886.

13. Elisa Koynton. Gloucester, Mass.; George E, Martin, mastor. Warned off at

Can.so, Nova Scotia, between Juno 1 and 9, 188t). Then afterwanls detaiiutl;;
in manner not reporte<l, and released October *25, 1886.

1

THK FISHKUIKS THKATY.

- 49

i atutfUientof the

T. 1'. ItAYAKl).

)orla duriiiij fhc lant

Driven from linrlior

,.,l.)tffttUigb.v,Nt'va
,V;iriiea oflf at Yur-

„,.. Waruod off at

14. MiiHrol. (tloiii'<'Mti'r, Mum.; Aloxaiidor MiiKuflifrii, iim.stor. W;iriit'<l otl' at Port

AtiiliorNt, Mii|;<liiliMi InIuiiiIh, Jiiiio 10, IH'^ti.

15. Thoina* F. Haj/urd. (tlonctcHftT, Muhh. ; Jhiih'n McDonald, niivstiT. Warned otF at

M(in'ii< Hiiy, Nowloiindland, Jniio I'-i, IHHCi. ' •

Iti. .Iame« <l. (■rtiifi. Portland, M<>. ; \V)<ld««r, nnintor. Crew rofnsoil privilo^o of land-
iiii; for nt'CfssaricH at t'rooklyn, Nova Scotia, June !■') or l(i, H^n,

17. Cihi rohil, Portland, Mi<. , Kot-ni-, inaNtfr. Di-taincd at Shidltnrnc, Nova Scotia,
July 2, IHH»}, for alicKed vi<dati<Mi of cnMtonis laws. Penalty of :jl4(K) de-
iriaiidcd. Monoy dcpoHitcd, nnder prott'Ht, .Inly I'i, ami in addition $120 costs
il>'|MiMit<>d .Inly M. Fine and co.itM refunded Jnlyil, and vessel released An^HHt
'Ji). Harbor does e.\acted An^^nst 'H't, notwitii8tandin>; ves.sel had been refuHed
all tlie |)rivile>.;es of entry.

ii ('. /'. Hdrniiijton. I'oitland, Mi'.; Knllick. niaslir. Detained at .Sludbnrne. Xova
.Scofni, .Fnly :<, iNStJ, for alle^xd viidati<ni ofcnstonis laws; tlned !§400 Jnly 5;
line deposited, nnder ]irotest, .Jnly 18; ^t'.iO costs depo.sited Jnly 14; refunded
, I Illy 'i\, anil vessel released.

1,1. Ilenwanl. Gloncester, Mass.; McDonald, master. Detained two days at Can»o,
Nova Scdtia. abont .Inly ',\, l"^8t'>, for sliippiny; scanien contniry to port laws.

JO. (1. >r. CnHliiinj. Portland, Me.; .Icwctt, master. Dotaimd ,Jnly (by another re-
port. .June) :l, lS?«ti, at .Shelbnrne, Nova Scotia, for alleged violation of the cu9-
toiiitlaws; Imed jllOO; money ileposited with collector at Halifax abont Jnly
\i or M, and i^l'iO for costs depositetl 141b ; costs rofnnde<l .Jnly 21, and vessel
n'lciised.

11. (lolilrii Hind, (iloucestei", ^^a8s. ; Rnben Cameron, master. Warned ott' at Bay of
Chalenrs, Nova Scotia. <»n or about .July 'S.i, IH-^ii.

,'•,'. SiiveUn. Portland, Me.; H. A. Joyce, nuister. Warned otT at Picton, Nova Scotia,
.lune'2l», IH8»», where vessel had entered for coal and water; also refused ea-
Irunre at Amherst, Nova Scotia. Jnly 84.

■Jo. .V. ./. Millir. Hooth IJa.v, Me.; Diiikson, master. Detained at Hopewell Capo,
N't'w Krnnswick, for allejjed violation of customs laws, on July 84, 188(5. Fined

:1. Uattlei: (iloncester, Mass. ; A. F. Cunnint!ham, n. aster. Warned off at Canso,
Nova Scotia, June, ^^S(). Detained in port of Shelbnrne, Nova Scotia, where
vcHsel entered wekin;; shelter Anj^ust :?, l8St>. Kept under jjnard all nijjht and
released (mi the Uh.

J.'), (iifoline I'ouijlil. l$oolh May. Me.; Charles S. Reed, master. Warned off at Pas-
pebiac, New Hrunswick, and ri'fuseil water, August 4, IrtSO.

J'i. Shiluh. Cloucester, Miiss. ; Charles Nevit, nuistt>r. IJoarded at Liverpool, Nova
Snotia. AuKUst U, and subjected to rude surveillance.

•'?• hiHa KUeii. Uootli Hay, Me. ; Hurnes, master. Boarded at Liverpool, Nova Scotia,
Aiijiust H, 1H"^(!, and subjected to rude surveillance.

'i I irddie If. AlUon. Provincetinvn, Mass. ; AUton, nutster. Boarded at Liverpo(d,
Nova Scotia, Anj{ust l>, 1881), anil subjected to rndt> surveillance.

'J9. Iloieard Ifolhrook. Gloucester, Ma.ss. Detained at Hawkesburj;, Cape Breton,
Aii(rnst 17, 1H8«), for alleged violation of the cnstotus law.s. Released August 20
on deposit of $400. Question of remissiim of Hno still pending.

S. Mis. lOi) 4

50 - THE KISIIF.UIKH TUKATY.

;U). .1. li. CritltiKhu, (JloiicoMttM, MiiHM. ; Mnin, iiiuHhT. DclniiKMl iti IIiiwkt'Hliiir.r
Nova Rrotiii, AiiMUst "JT, Ihh!, lor iill«<>{t'il Nioliition of niNtonm Iuwm. Four liiiu-
ilri'il iliilliirN )itMiulty iU>i»o itod AnuiiHt 'ir* without protont, luul veMsol rdpnwit.
'I'liifK hinxli'ol anil Hcventy-ilv* dolliirN ri-iiiittril, niul a iioiniiial lino of ;«■.':> jm.
)iimi-)l.

ni. )ti>llii iiluiUM, (Jl<iur«'stiT, MiiM.-*. ; Solomon .TurohH, niiiNt«>r. Wiiriicd olV into
sftirni Iroiii Straits of Canso, Nova Scotia. Au><ii.sl :U, l*'<(i.

;\'i. HiiililiiHti l.iijhi. WflKlci't, MaHH. ; J. II. Itytlfr, niiirttnr. Sei/.i'd oil' KuMt I'olnt,
PriiK-e Ktlward Island, St^ittiiiiibvr 1, 188({, wliiht tlHiiin^ within proliiliitcd line.
Suit foe furtVitnre hc^nn in vit'i*-adiniralty court at Cbnrlottutowii. ||<>aiiii^r
»»>t for 8f|it«'ml»«*r *2(), but po.stpoiu'd to SfptcnibtT HO. Miinter adnsittcd fhc
I'iiaiy.tf and <;oiif«-8s»'d Jiid^inriit. V«'swd coudfinnod and sold Doct'rnlM'f 11.
Pnrcini.Hi'tl by ("atiadian (Jovervinont.

'M. /V«)7 A</*(>M, I'rovini't'town, Mniw. ; Ki-mp, master. iN'tMiinil at Aritdiat, Ciiiic
Hntt'U, S«!ptenilM'r H, iHtti, for alli<Ki'<l violation of custotuH lawn. Uclcuscd
Sc'pti'nilxr •», on dipoNit of :?'J(l(t. P<>poHit ndnndod OctolMsr tit), IrtWi.

34. f'iiiiictv, Glon.i'Hter, Mara. ; F. F. Cruched, nmntfr. W:irn«'d olf at Caiino, Nova
Scotia, Scjitcinhpf 9, lH(*t',.

a.'j. Kvrntt ^/er/, (Jloncfstcr, MaNH. ; Clinrh'sH. Forhcw, uiaMlcr. Detained at .Slicl-
burini, Nova Sootia, Sopt^'inlicr 10, IrtHti, for allt'j;i'd violation of cuHtoiuH laws.
Relfawed hy order from Ottawa, Snptomlu-r 11, IHHH,

3t». Moro Ca«'/c, (iloucestcr, Ma88. ; Edwin M. Joyc«', master. Dotainod at HawkH-
bury, Xova Scotia, September II, 1HH<5, on charge of having Hnni;;n;i('(l jjoods
into CheHter, Nova Scotia, in 1HH.|, and also of viidatinj; ciiHtoniH Iuwn. A de-
posit of Sl.fiOO deinandctl. Vewtel di.scbarj^cd November 29, IHdti, on paynieut,
by agreement, of *1,000 to Canadian (Joveriuuent.

37. WiU'unn I). /'rti«/f'.i/, (MoncoHter, Mawt. ; J. E. (lorman, manter. Detained at Soinis,

Prince Edward Island, October 4, 18*^1, for alle;;ed violation of cnstonis lnw.
Fiiiwl *400. and released on paym>>nt ; i'M't of the tine reniitti d.

38. Laura Sai/wnrd, (Jloneester, Masn. ; Me<|eo Rose, m:ister. Kefnsed |irivile;;e of

landin;; to buy provisionn at Slielburne, Nova Scotia. October ;">, 1H.><1>.

39. Marion Grimes, GlouceHter, Mass. Detained at Sludbnrne, Nova Scotia, October

;>. for violation of port laws in failing to report at oiiMtom-houHe on entering.
Finid 1^100. Money paid under protwHt and veswd released. Fine reuiitted
December 4, l^HI.

40. ./("Hiiir .S«ir«ii», (jloucestor, Mass.; .Joseph Tnpper, master. Hef'ist;d privilej^c ot'

landing, aial v;;ssel placed under guard at Liveri»ool, Nova Scotia, October 20, J

■ - 1»|I6. -.-.••-' .^' ■ . ^

41. Fhiimj Sriid. 01onci»ster, Muss. Detained for alleiied violation of customs laws at

Halifax, November 1, or about that time, lieleiised November Ki, H-^ii.
i'l. Sarah II. Prior, Itosttm, Mass. Hefl!^e(l the restoration of a h»st seine, which was
fouuil by a Cana^lian schooner, December lrt8<j.

43. Bort< (name uukuowu). Stephen U, Halcom, master, Kasfport, Mo. Warned oH at

.St. AudrowB, New iJriiuswick, July 9, 18^U, with others.

44. Twa .^mall boatn (unnamed); Charles Si-iith, Pembrt>ke, Me., nnister. Seized at

East l^iiaddy, New IJnuiswick, September 1, IHHti, for allegeil violation of cus-
toms laws.

TUE FIS1IEK1E8 TKEATY.

51

t Hawki'Muiry,

iWM. Kixir liiiii-

\ OMHcl ii'loast'il.

Ill Uhuof :il'J.'i iiii-

iV'iiriu>tl (ilV into

otV Kiisl roiiil.
I jiri>hil»itc('. liiH'.
i>t<>wii. Ht>arin)(
It-r luliiiittfd tlif
(111 DeceiiilMT M.

Ill Ariclmt, C'ni"'
( laws. Kflfii^ttl
It), \m\.
tV at I'aiiHo. Xiivii

IVtaiiitMl at Sliol-
1 of cuHtouis laws.

H'tftiiUHl at llawkH.

i>j Mninjjuli'rt H»'"'^

itonia lawH. A (1<-

188(), on paymi-ut,

UctaiiHMlatSonii^.
)ii of cnHtonis liiw.

ttid.

tii>*eil i)rivilt'H« "'"
r ."., \m\.
ii Sot>tia, Oftoli'i-
I, nine i>n entcvinj?.
,1. Fiiu- n'liiittfd

{..f'lHtMl iirivilt'h'eof
Scotia, OctolHT -JO,

of cuHtoniH laws at

l.nr It), H'^'>-

mt ti«ii>''. «1''^'' ^^"^

Me. Warueiloffat

,uaHt«r. Spize<1 at
r..,l violation of ciis-

i'l. /)r«<rf (foroijin l»nnt). OIoticp«t(«r, Miwh. Scizod, warnol o(!", or in(il*>Hti>(l otlxT-

wisc lit Konif tiihf priol' to SoptfimiKr (i, H"«i.
k;. Ahliiii A. -Snow. Injury to this vt'8»<'l has not been n'portwl to iho l)i-]iartuient of

Statfi.
17, f7f.(( .1. ThomiiK. Injury to thin vi-ssrl lias not ln-tii irportttl to tjic Dipartninut

of MtiUe.
I-. iri(/<--.lir<iAr. Kantport, Mi'. ; William Folfv, inaMter. Fined at L'Etanjj, Xew

llninswirk, iJ7.'> for takiii;^ away lisli witliont ufttinj; a clraraiic" ; aijain No.

viiiilnT lit, iHrtt), at St. (iforjjc, New UniUHwiek, lini'il yio for Miniiiar ollrnse.

In Itotli i-ixmiH ho wim proceuilin^ to obtain elearanceH.

II. S. (.'O.MMIS.SION III- I'lSII AM) I'iSIIKIUKH,

WuHhiiujiitu, l>. v., Fvhruarji '>, HH7.
Siii: I foiwanl herewith, for your inr<irination, a copy of a toinnmnieation from
Mr. K. Hihvaril Earll, in cli^ir;;e of the DiviHion of FiHiii-rieN of tiiiH ('oiunuHHion, ac-
('(Mii|iiuiiu(l by a liHt of New iMi^laiiil liHliinjf vesiHelN which liave been ineoiivenieneod
in tlifir lisliin^ operatiouM by the ('an:uliaii aiithoritifN iliiriti:^ tlie pa.st neaHon ; these
liciiii,' ill ailiiitiou to the \«'s>*i'ls inentioncil in the r< vineil li.-st of venm'lM involved in
tliicoiitrovcrny with the Canadian authorities. furniHlied t4»yoiireuuiniitteeon.]aniiary
•.'i; liy the Secretary of Htrtte.

i'lii' pajierH containinjj the HtatenieiitH w«'re received from the owntTH, inastera, or
ii<4riits of the VHHHeU concerned, and, though not aceoni|)aiiied by atlidavits, are be-
lii'vi'il to be correct.

\cry respectfully, yoniN, '

8PKNCEU F. lUlRI),
, ' CoMiHinaioner,

Hun, (iiciiituK F. El)MU.Nl>8,

(lutirmau Commiltee OH Foreli/n JMaiiottt, United Stales Stiiate.

U. 8. Co.M.MissioN OK Fisn axk Fi.siikuibs,

Wanhhujton, />. <'., Fehnmri/ 5, 1887.

Sin; J^oniL'tinie Hince, at your request, I mailed circulars to owni-r.s or agent.s of all
N w Kiijj;iaud vcH^elsouiployed in th" fooil-tish (ishericH. These called for full Htatistics
"ttlii- vessels" operations during the year ISsti, and, in addition, lor t>lato:uents(,f any
iiniinvenienceM to which the vesseln had been subjected by the recent action of the
• iiiailiaii (ioveninieut in deuyiuK to American fishing vessels the ri;;h! to buy bajt,
ici*, or otiier suppltnM in itn ports, or in placing unusual restrictions on the use of its
liarliors for shelter.

A\riy lar;;e percentage of the replies to these circulars have already b(<cn received,
tiiil an exuiniuuMon of sa uo shows that, in aiUlition to the vessels mentioned iu-
tlwii'vi.sed list transmitted by the Secretary of State to the Committee on Foreign
feiiitioiiH of the Unit9«l States Senate on January W, 1387, sixty-eight other New
f"«hiiid lisbing vessels have been subjected to treatment which neiihor the treaty
"f 1818 nor the principles of international law would seem to warrant.

II

52

THK l'IHIIK«IES TKKAIV.

I inclnnn for yiitir eoiiNitlonitioii a llHt of thoso vivshi-Ih, together with it hrii'f hIi.
HtriK't of tim MtiitiiiuMilH 111" till' owiioiM or iiid.Htt'rs ri'»iariliii>j tht» tiojiimcut rocoivi'il,
Tliu Htat<'iiii!iitK w«-ri« not ti(('Oiii|iiiiiii><l liv Htllilavil.H, hut arc ItcliovKil to Im' *>iitii'i'lv
relial)!)'. Tlic iiaiiD* and aildrcsN of tlu* infontiaiit aru givuii in omli iiiHlaiiii',
Very ri'Ni>»M ilnlly, youis,

K. EmvAKO Kaiii.i,,
In vharijt IiMhIoh oJ' Fiiihnir*.
I'rof. Si'KXcitH V. Maiuh,

U. .S. Comminaioiivr oj Fiah and ^■'hllcrie^,

I'ARTIAI, I,!HT 1)K VKMSKt.M IN V<»I,N'KI» IV Till'. KI><IIKIUi:s <ON TIIOVKIISY WITH TIIK
CANADIAN ArTIIOIUTIKrt, KUoM INKOUMA iIOX lUllNISlimj TO TIIK rXIIKI) .STATKS
COMMISSI(>VKR OK KiaH >VI> l-ISIIKUIES.

[Supplvtiu-utiiii; It liHt triiii.siiiitttHl to tlu< ('otiiiiiKtto on I'orvi.ii ItrlullouH, L'liitud SUtrit Siuato, b>'

tliu PmtKUry of HtuW, Jiiniury L'«, 18x7.1

I. Eliza A. Thomtn (scliooncr). I'ortlaml, Mh. ; E. S. IMolm, inasttT. Wrcckfd pii
Nova Sootia slior**, ami iiiial>I» to obtain aHslHiaiicr. Crew not |i(.'rniitttii in
lantl or tu Havu anything until ])i'ruiiH.sion wax n'ciMvcii from captain of i'iitt> r
Canadian oIllcialH plactMl ){nard over iiHli Havt>«l, and every tiling nuvimI tV<ii:!
wnoii nari<»vviy «'H»ai)fd conlUi-ation. (From Mtatunionta of C 1). Tlionies,
owner, I'ortiiind, Mc )

'i. Christina Kllmnirtli (Holioonor). Kantport, Mo. ; Jiiincs KIlKwortli, iiiiisii r. Kn-
t«'red I'ort HastinjfH, Capo iiroton, for wood ; anuliorod at 10 o'cloiiv, ami iv
porti'd at ciiHtoin-lionso. At 2 o'clock was boardod by captain of cutter llcctin'
and ordiTud to wt, buing forced to leave without wood. In ovury liarlMir en-
tered wiiH retiiwd privilej^e of bnyinjj anytliinj;. Amhor<>d under lee (»t' lainl
in no harbor, but was eonipelled to enter at cUHttuu-lKumc. In no two liurixus
were the fcen alike. (From Htatenjeuts of Janit-tt ElLtwurth, owner and uia.tt< i,
Ka«tport, Mk.)

3. Mary E. JrAo»/(Hchooner). Wtdlthvt, Mjuih.; Siunui Lierrio, manter. In July, 1'"

lost Heine otf North Cape, Prince Kdward iHlaiitl, and not allowed to niiike niiy
repairs on sliore, eaunin;; a broken voya^fo and a lonj; d4day. Kau hIioiI ot |ini- j
vi.siniis, and Iteiiijjt denied privili!i?i' of buyin;{ any on land, had to obtain Imiiij
another American veiMel. (From h tatementM of Freeman A. Snow, owm'i,j
Welllleet, Mosa. )

4. Stoicell Sherman (Hchooner), Provincetown, Mans.; S. F. Hat«h, niaHter. N"

allowed to purchase nece»Hary MuppUes, and obliged to report at cUHtoni-lioiist^J
8ituate<l at di.stant and inconvenient places: ordered out of harliors in strus.'ii)|
weather, namely, out of Cascunipec haibor. Prince Kdward IsliMid, uiiietoi'l
* ■ bourn after entry, and out of Malpe<jue harbor. Prince Edward iNland, lilti ' 'H

bourH after eiilry, wind then blowing too hard to admit of fishing. Rttiirmd
Lome with broken trip. (From Htatoiuenta of Samuel T. Hatch, ovtier anq
tuabter, Provincetown, MaM.)

TIIK FIHIIF.UIES TKKATY.

5^

liitwl SUtcR S..iii\t<>. by

lliitfh, iir.»«l»T.

Ti, H'lillir I. I'irh {mcIiooiht). \V.'lllli't«i, Muhh. ; Oltailinli I{i«'ti, iniiHtcr. « >r(lt r4Ml nut
lit' Mal|MM|iii<, I*. K. I., ill iiiisiiitalil<< nv*>iiMii>i' fur HhIiiiii;, liavin^ Ium-ii in liitrtior
iinl> t\vi*lvo lioiirN. IttMiiml :-i){lil t(i piirt^linsH pros iNioiiM, ImmuimI tiMii)t<*riit (Mia*
iniii lioiiHH at Port IIiiwknMl>nr.v, ('. I)., on Siiti<liiv, uollnotor (Viiriiiji; Mutt vontel
\Miiilil Utiivo bofoi'M Moiitlity nml Im would tlicn'li.v i<isi> liiM Ictt. (Kroin Htato-
iin-iit« of Obiwliitu Kirli, owner innl master, \Vi<Il(h«it. Musn.)

ti, //(r'/i(( />. A'irArrfo/i (Hrln»iiiit«r). Huotli Miiy, M•^ ; N. K. NickiTtnii. mintiT. Oi'ca-
Nintii-il I'onHJili'ralil)' cxiikiiso Ity Im'mi^ iIimhimI L'iuikiliaii liarlmri to prtKMire
cri^w. ami <li«taiiiiMl in Hpriiix wliili' waiting for m»ii to roine rroni Xova Scu«
tia. (From HtatniiM'UlH ol'S. NiokiM'Non \ Soiim, owii«*rrt, Uootli Hay, Mt>. )

T. V'ln// /*. //aipw (Hi'hooiH'r). WolUliM't, MaM.-*. ; I'hoinaHC K<-iin«ily, niaxtrr. Ro-
liisfil priviU>};n of Inlying provisioiiN in portn on Hay Saint LHwrcnco, and in
riiii.m'()niMioo olili^iMl to l*-a><> tor home witli half a ('ar<{<i. Made li.irlior nt
S|i(^|liiirn<*, ?.'ova Scoiia, in tai-*' id' Ntorin, at :'> p. in , and niai^tcr iinnn-diatoly
KtartiHl for unHtoni-lionite, .'i uiiIi'h diitlaut, niL-tdiiig captain of ontter Terror on
way. to Nvtioin b« expiaiiicd tcrand. On rutnrnin){, found two armed iikmi from
riittiTim liiH voNHuI. At 7 o'clock next morning; watt ordcrtMl to Hea, but re*
tiiM'l to ^o in tbe btMivy fo^. At '.> o'clock tlio fof; lifted Hli){litly, and, tliongli
llir liariiiiifter was very li>w and a Ntonii iiiiiiiiniwit, v»iNM<«i \v%t forced to leavo.
S Mill met tlic beavy Kale, wliicli split .sails, can.sin^ coiisideraide daiiiap>. Cap*
tain of TiTi'or <lt>iiieil claim to rij^lit of riMnainiiiK in liarbor twiMity-fonr bonrs.
(From MtatvnxMitH of T. C. K«'niiedy, part invner and iiirster, Welllleet, MaHH.)

K llihii I'. 7V(^(f<fA' (Hcbooner), Cape I*(irpoim>, Me.; J{. .1. Nnnan, nianter. .July "20
I ""*(>. enteral I'ort Latonr, N. S., for ^heller and water. Wa.-* urdered iiniiie-
ilialely to sea. (From statement^ of K. .1. .Nnnan, owner and inaNitr, Cape I'or-
pmsc, Me.)

'I Si'lHr .V. Show (schooner), Welllleet, Muss.; A. IC. Snow, master. Wum not allowed
to |iini'li,tse proviiioni in any Canudi;»ii ports, or to redt or land and ship tisb,
i'onse<inently oldij^ed to leave for lioine witb broken trln. Not permitted to
iiMiiain in portH lon^nr tb.in local (.'anadian otHcinlsKaw lit. (From HtatenuMits
of .1, C. Yoiinj;, owiiiNr. Welllleet, Mass.)

1'. Ciirlnide Sitmiiurt (sclioi ner), WclUlcet, Mass.; N. S. Snow, master. Hefnsed
privilege of pnrcbusin^ proviHioiiH, wliicb resnlleil in injury to voyage. I'mind
harbor reKulatioim nneertain. Sonietiuics could lemain in pint twenty-four
liKiiis, ajcain was ordered out in three hours. (From stutenniirs of N. S. Snow,
iiwiierand master, Welllleet, Mass.)

'I Chnrltn Ji. H'liHliiiiijIitn (schooner), Welllleet, Mass.; ,Je.s'-,e S. Snow, iinister.
Muster was informed by collector at Ship Harbor, 'C. H., that it he bonjj;bt
provisions, even if actnally necessary, be woubl be subject to a line o( iJlOO for
each olTdime. Kefused perniissiou by the collector at Sonris, P. E. I., to buy
inovisions, and was compelled to return home September 10, before close of
ti-<liiii){ Heason. Was obli<;ed to report at ciistom-honso every time he entered
It liarbor, even if only for shell r. Found no ri'Kuliirity in the amount of fees
iliiuiuided, this bein;^ np|»areutly at the option of the collector. (From state-
iiionts of Jesse 8. Snow, owner and master, Weillle -t, Ma.ss.)

54

THE FISlIKinFS TRKATV,

12. John M. /^^// (siliKoiHM), I'lDvinertdWii, Msim!'.; N. W. l''r(>«Mii)ui, iiiiwttT. DrivtMi
out. of Onlf of St. Lawi-eiu'C to avoid lliu^ of $400 for IiiiuliiiK t^*''» 'no" in tlm
jMirt nf MalniMjiu", P. V.. 1. Wuh (li>ni<>(l all HiipplioH, »»xc«?pt wood and water,
in Hftnu' pnrt. (From HtatoiiioiitH of N. VV. Fn^Hiiiiiii, owner and ni.iHtiT, l»n>v-
Inretown, Muhn. )

13. /»7>A//»(rtrli<M)ni'i\ Fustport, Mo.; '-Viirrtn IMilk. iiiaKtor. Cloarod from Kas()iort,

May M, l-Ni. iindi-r n'^iislf-r for West IkIcs, N. U., to buy luirriiiu. ('(illdior
rufiisod to 4!ntt>r vchh*!, ttOliii^ captain that if he bon^lit tiuli, wLicli wen'
ph-iity at tliQ til! fl, the vesNcl would ho seized. Heturiied to Eastport, 1( siii<;
about a week, which reHulted in considerable lo«8 to owner and crew, (From
Htatenuntsof (inilford MildicU, owner, Faxfjiort, Me.)

14. .thdov Ixiini (sclioon'r), Mroincn, Me.; William C. Keene, master. \Vmh not al-

lowed fo hhip or land crew at Nova tScotia ports, and owner had to pay f(ir
^heir transportation to Maiiie. (From Htatementu of William V. Keeue, owner
and master, Krenien, Me.) '' ■ ^ . •

15. n''//»aiM A'enf (Kchoouer), rorlland, Mc. ; Dani< I Kimball, master. Not allo'ved

to Hhip a man or to send a man aohore except for water, at Liverpool, N. S.,
niid ordered to sea l^s . um as watiT was olu.iined. ( From KtarerMcnts of Henry
Trefetlicn,#ivner, Peak's l.sian«l, .Me.)

IG. John .Vi/" (sehooner). Swan's Island, Me ; W. L. .loyce, master. ^*iler iiaviiij,'
en(ry fi es and li.ii I'ur <lne» wu« not allowed to buy pr(fVi^'iollH at Mulpeipie, 1'.
E. I., and li;i<l 1.1 rciiirii lionie for same, iMakiiifj a broken trip. (l'"rt):ii state-
ments of \V. L. .Joyce, owner and nuister, Atlantic. .Me.)

17. Ana H. I'trnre (sehoomr^ WclUb-el, Mass.; .\. .M. (lore, nuister. Entere<l har-
bor tor shelti-r ; ordereil out alter "24 hours. Denied ri;;ht lO purcha.se tooil,
(From statements of .*». \V. Kemp, anenl, Wt-lillei-t, .Mass.)

IK \')W/(aM C'f^-arc^ (schooner). WClUleet, .Mass. ; P. K. Ili.'kman, nntstei. Haiishortof
provisions, and, not bein^ per.iiittedjo bny, left t\>r home with a broken voyage.
Customs ofiicer at Port Mnljjrave, Nova Stoiia, wonhl allow purchase ot pro-
visions for homewaid jiassa^^e, but nut to continue llshinjj. (From ;«ia1tineiits
of PaikerK. Hickman, owne'i and master, WelWIeet, Mass.)

ly. /-'iviMA- (;. /fi«7i (schooner). Weilt'eet, .Mass. ; Charles A. (Jorham. master. Not per-
' initted to buy provisiiuis or to lay in (,'ana<tiati ports over twenty-four hour.'-,
(Fmm staUiiiients of Charles A. Gorliam, owncrand miister, W'elllieet, Ma**.)

20. Etnmn O. CartiH (schtMUier). Provincetown, Mass.; Elis'.;a Rich, master. Nut
allowed lo purchase provisioiii-. and thereforo oldij;ed to return home. (From
statements of Elish i Kich, owner and ina.stci, Provincetown, Mass.)

•21. /'/«-irtr//« (.schooner). Welllleet, Mass. : F. VV. Snow, master. Driven from harbor
within twenty-four hours after onteiin>{. Not allowed to ship or diNehiir(.'e
men iimler penalty of ij^ltxt. (From statements <d" F. VV. Snow, owner mid
master, VVelllleet, Mass.)

22. rA<ir/*« /•'. J r«i»of/(H< iiooiier). VVelltleet, M)»,ss. ; Michael Hurrows, master. Captain
was ni>t permitted to letit vessel or to buy supplies, ami wln-n out i)f looil Int'l
to retuin hmne. I'onnd Canadians dispow-d to harass hiai and put liini t<>
tnaoy inconveiiieueies. Not allowed to land seine on Canadian shoro torpiir-|
peso of repairiii'i same. (From slaleiueiits of Miidiael Mimtowb, ownor flU'lJ
master, \l'""lleet, Mass.)

THE FISHERIES TREATY.

66

Ki

'2X ftcWie Jfav (schooner). Portland, M«'. ; I. Do.. ^hty, muster. Not allowed, thon<;h
prnviiltd with npiniit to tonch and trach", to pnrchaAo fresh Imit in Nova Scotia,
and driven from harburs. (From statemeiitH of L'harhis V. Giiptill, owner,
Portland, Me.^

•Ji. Mtirijuret ?. Smith (s«hooni«r). Po;'land> Me.; Lincoln W. Jewett, master. Twice
compelled to return luime from May of St. Lawrence with broken trip, not l»e-
injf able to secure provisions tfl continue tishin<j. Incurred many petty incon-
veniences in regard to customs re^^ulations. (From statements of A. .M. Smith,
owner, Portland, Me.)

•.'."). Klu'te M. .ShmV/i (sch.toner). Portlanil, .Me. ; Kinich Buljjer, masttr. Came home
witii half fare, not beinjj al)h' to jji-t provisions tocdiitinui' (islimjj. Lost seine
ill a heavy gale rather *hnn b.> annoyed by customs rejjnlatiouj when seeking
slit'Iti-r. ^ From statements of A. M. Smith, Portlji id, Me.) * , '

•,'('). tannir A, Sf '»«</ (schooner). Portland, Me. ; Caleb Parris, muster. Subject jto
many aiii; yauces, and obliu;efl to return home with a half fare, not being
able to procure pro'isions. (From statements of A. M. Smith, owner, Port-
land, Me.)

■JT. Car/ti'oM /^f// (.Hcbooiu'r). liootli Hay, Me. ; Setli W. Hldridj^f, master. Occasioned
couMdcrabie expense by beinm denied rijjht to procure crew in Caiiudiau luir-
liors, and detained in sprinij while waitinjj for men to come from Nova *icotia..
(i'roiu statements of 8. Nickerson «& Sons, owiurs, Hooth liny, Me.)

",'•'. Ahhie M. Deeriiifj (Hchmmi'r). Portland, Me. ; Emory Gott, master. Not being able
to procure provisitins, oblij^ed to retu''n home with a third uf u fare of uiackereL
(From aiaCements of A. M. Sinitli, owner, Portland, Me.) ,

'i9. Coin l.oiiha (schooner). Rootli Ibiy, Me. ; Oiied Harris, master. Could get no
provisiims in ('anadiau ports and bad to return home liefoie getting t'ull fare of
tiNJi. (Fioiii statements of .S. Nickerson & Sons, owners, Booth Bay, Me.)

30. /■'5e« Zia/e; (scho«mer). North Haven, Me. ; K. (}. Babbidge. master. Not |»erinitted
to liny bait, ice, or to traiie in any way. Driven out ot harbors, and unreiison-
able restrictions whenever near the land. (From statements of R. G. Babbidge,
owner and master. Pulpit Harbor, Me.)
(7i((»7f'« Hiifkell ^s«dlooner). North Haven, Me.; Daniel Thurston, master. Obliged
to leave (lulf of St. r>awreui'e at <'onsi(ierablc loss, not Ix'itig allowed to buy
provisions. (Fnmi statements of (,'. 8. Staples, owner, North Haven, Me.)

iyHUe /'(irtmaM (schooner). North Haven, Me.; William H. Banks, master. Unable
to get supplies while in Gulf of St. Lawrence, which necessitated returning
Immc at ^reat loss, with a liroUen voyage. (From statements of William H.
Banks, ownei and master, North Haven, Me.)
y. I). I). Ctytt (schooner). Portland, Me. ; J«<lin K. Craig, iHiwt^'r. Being refused
privilege of touching at i> Nova Scotia port to take on resident crew already
engaged, owner wiw obliged to juovide passage for men us Portland, at cou-
nitlerable cost, canslii}; great l»«s oi" time. C'.om statements of F. H. Jordan,
«wuer, Portland, Ma.)

:il.

;«.

m

56

THE FISHERir.S TREATY.

34. (rood Templar (hcIiooihm). Portland, Mc ; Elia.s Tivrltoii. miMtor. Toiiclied af hn
Have, Novn Scotia, to take ou crew alrciuly on^ajjt'il, luit was refitsdil piivilejje
an<l oi'rtiTotl to procBod. TIk iiku bi'injj iMilisponHahlo t<> voyajio, lunl tiioiii de-
li vered on board (»iitNido of tbree-liniit by a Nova Scotia boat. ( From Htatc-
incutH of Henry Trefetheu, owner, IVak's Island, Maine)

3'>. l-jddie Dariihon (sclioonerV WfliiltH'*. Mans. ; John D. Snow, nt.'iNtfr. .Tnne 15
1HH«), touclu'd at Cjipt* Island, Nova Scotia, bnt was not jM-rniittcd to take on
part of crew. Hoarded by cnHtoms ottlcer and omered to Nail within t'.vcitv-
fonr hours. Not allowed to bny food in ports on (Jnlf of Si. Lawrence. (From
HtatementH of John 1>. Snow, ownnr and nci.tter, Welltleet, Mass.)

36. Alicfi 1\ Iiii(jg\n» (schooner^ Welitieet, Maaa ; Alviii W. Cobb. inaMtcr. Iirivcii

from harbors twice in stretw of weatlier. (From statoments of Aivin W. Cobb,
manter, Welllleet, .Mas.s.)

37. Cyxoswre (schooner). Hooth Hay. Me. : L. Hush, nnvster. Was obliged to return

h<».ne be "ire wcnrin}; a full carsjo, not beii.j; jieriiiittcd t-) imrcliase i)r(ivisi()ns
in Nova Scotia. (From Htutenieut« of 8. Nickerson «& Sons, owner.s, Hootli Buy.
- Me.)

38. Xaiad (schooner). Lnbec, Me. ; Walter Kennedy, master. I'lesented frontier

license (heretofore acceptable) on arriving at St. Oeorjje, N. n., init eollector
wemld not reeojiiii/,*' sanie ; was compelled to return to Eastport and clear un-
der register before being allowed to imrcbiise In-rring. thus losing one tri|i,
'From statements of Walter Kennedy, master l.iibec. Me.)

39. [yOiiisa A. (f'ro«^ (schooner). Provimetown, Mass.; .loscpli Hateh, jr., master.

Took permit to tonch and trade; arrived at St. I'ett-r's, Cape Ibiton, in after-
noon of May ID, 1H86; enteri'd and cleared according to law; was obliged to
take inexperienced men at their own i)ri«'< s to complete ffshing crcv. to get to
sea before tbe arrival of a .seizing otbcer who had started from Straits of Canso
at ') o'clock same afternoon in search of vessel, h.aving been advised by tele-
graph of the shipping id' men. (From statements of .Joseph Hatch, jr., owner
a»id master, Provincetown, .Mass.)

40. Lottii' K. IfophvH (schooner). Vinal Haven, Me.; Emery .1. Hopkins, master.

Kefnsed permission to buy any article of food in Cuiiadiaii )i(irls. Ohlained
shelter in harbors only by entering at cnsfmn-lumse. (I'roni statement of
Emery .J. Hopkins, owner and master. North Haven, M<'. )

41. /•Vorirtf F. .ViVAc'Ttow (seliooiier). Chatham. NSass.; Nathaniel E. Eldridgf, iniistir.

Engaged fishtToien tcr vessel at Liverpotd, Nova Scotia, bnt a<tion of Canadian
Government iienssitatrd the paying of tiieir transportation to the I iiitid
States and loss of time to vcshi] while awaiting their arrival; otherwise wonld
have called for theui on way to tishing-gnninds. Hutnrning, toiiclitd at
Eivcrjiool, bnt immediately on anchoring, Canadian olhcials came 'ilioard and
refused permission for men to go ashore. Captain at once signilieil his inlcn-
tiou of immediately proeeeiling fin jiassage, but otlicer privcnu'd his dipaii-
ure until he had reported at custom-licmse, vssel beiiiL,' thereby detiincil
two days, tFnni statementof Kendrick & Beaise, owners, South Harwitl
Mass.)

THE ri.SIIKKlKS TKEATY.

57

Touched at Lu
'♦^fiisi'il privilt'ijo
go, bail t liciii lic-
it. (Kiom Htati'-

iiister. Jiiiui 12,
nitted to take im
1 within twi'.ity-
jtviiMU'i'. (Kioin

tSH.)

niiwt*'!-. Inivi'ii
iAlvin W.Cobb,

ohliped to n't urn
rchiise provisidiis
wiiers, Booth Buy.

t'r«'wntt'(l front iiT
;. n.. but collector
]Mirt mid cipiir nu-
ns losing one trip.

latch, jr., nnister.
((• llrcton, iM iiftcr-
\v ; waH obliged to
iiig cro'v, te get to
HI Straits of Canso
H advined by tele-
1 latch, .jr., owner

llopkioH, nnister.
IH.rls. Obliiincd
liKin atatenu'nt ot

I'.ldridgc, inaHtcr.

|i(tioiiol'(Jaini'lian

lion to the I'nitcd

; othcrwiHP would

lining, touched at

oaniu aboard and

lignilied hi8 inten-

.■cnu'd liiH dci>art-

tliond.y dcti.incd

L South llarwici:.

42. />'. /'. />'. (shiop), Kiistport, Mt;.; (ionrg** W. C'opp, master. Oliligcil to discontinue
Imsiness of l»n\ ing Hardiuo beiring iu N»nv HrnnHwiek iiorti for Eantitort can-
ncrios, no loonl cuMtoniH rot^nhitiona wore, during the HKUHon of 168C, mado no
exacting tliat it wan iinposHiblu to uouiply with theni without risk of the iish
liecouiing atah* untl MjioiU^d by detention. (From stutcuients of George W. Copp,
master, K»Mtport, Me.)

4:1 5ir /v»u(//i^ (schooner). Sdutlipurt, .Me.; .Mark Kami, master. Compelled to pay
tranHporlalion for crew from Nova Scotia to Maine, tlij vetwel not being allowed
t:) (^all at Nova Scotia ])ortH for them ou her way to the fmhing-groiinds. (From
statements of William T. Ma(bb)ck«, owner, Houthport, Me.)

44. I'livle 'Joe (schooner;, Sonthport, Me.; .J. W. Pierce, luaHter. Compelled to pay
transportation for crew from Nova Scotia to Maine, th;i ves.sel not being allowed
to call at NovaScotiii ports forlhem on her way to the tishing-grcninds. (Froii»
siateiuentH <d "Willian; T. Maddox, owner, Sonthport, Me.)

l.'i. U'H'ie G. (schooner). Soutiiport, Me. ; Albert F. Orne, muHter. Compelled to pay
trausportatiou for crew fron> Nova Scotia to Maine, the vessel not being al-
lowed to call ut Nova 8cidiu poris for them on her wny to the lishing-gri>und8.
(I'roin KtatementN of William T. Maddocks, owner, Sonthport. Me.)

4i'i. /,(!(/// Kl;ihi ^schooner). Sonthport, .Me. ; George W. Fierce, master. Compelled
to p.iy transpmtation for crew from Nova Scotia to Maine, the vessel not being
allowed to call at Nova Scotia ports for them ou her way to the fishing grounds.
(From .statementK of Williani T. Maildocks, owner, Sonthport, Me.)

\:. Joiiii //. AV/infd.i/ (schooner). I'oitland, Me.; l>avid Dougherty, master. Called
at a Nova Scotia jiort for bait, but left without obtaining same, fearing seizure
and tine, returning honns with a broken voyage. At a Newfoundland port was
charged Sit! light-hou;-ie dues, giving draft on owners for same, which, being
excessive, they refused to pay. (From atutenieutti of E. G. Willard, owner,.
I'ortlaud, Me.) •: -■■-,:,,■.„" i .- v..,., ,..;,' n..^' o: ::]:../, ••.,:-, vC _* :., .'..,.•,..;

1-. liiplcy liopea (schooner). Sonthport, Me.; C. E. Hare, master. Vessel ready to
sail when telegram from autliorities at Ottawa refu.sed permission to touch at
l'ana<llan ports to shi|) men ; vonseijueiitly oldiged to pay for their transporta-
tion to Maine, and vessel detainetl while aw.iiting their arrival. (From state-
ments of Freeman Orne & Son, owners, Southport, Me.)

1'. ■Iiiniie Annsfrong (schiMiuer). Southi ort, Me.; A. O. Webber, nnister. Vessel
ready to sail when telegram from authorities at Ottawa refu.sed permis.sion to
touch at Canadian i>ortH to ship men; couseciueutly obligi'd to pay for their
tiansporfation tn M.iine, and vessel detained while aw.iiting their arrival.
\l''roin statements of Freemau Orne iV Son, owners, Sonthport, Me.)

'A rd/r/jiarrf (schooner). Sonthport, .Me.; C. C. Dyer, ma.ster. Vessel ready to sail
when telegratn from authorities refused pernii.isitui to tcueh at Canadian ports-
to ship men; conseniiently obliged to pay for their transportation to Maine,
and vessel detained while awaiting their arrival. (From statements of Free-
man Orne &. Son, owners, Sonthport, .Me.)
1. i'An'tvic I'luith (schooner). North Haven, Me.; Aaii»n Smith, master. I'liable to ob-
tain supplieH in Canadiaii ports and obliged to return home before obtaining
full cargo. (Frouj Htatomeuts of Aanui Smith, master aiul agent. North Ha-
ven, Me.)

58

THE FISHERIES TREATY.

52.
53.
54.

t>i).

56.

f)7.

58.

5'J.

60.

61.

.6-2.

Daniel Simmonn (schoonorV Swan'.** IhIiiiiiI, M»v; .lolni A. Oott, niiahir. Coinpollod
to jro without noccssary outfit whil»« tisliiiiK in Gu'.f at' St. Lawreiico. (From
BtatetiicntH of M. !>tiMii»mMi, owner, Swan'H Island, M»*.)

(irorrr Clpvtlaixi (nrhoitiu :). Boston, MaHH.; Oeorfjc Lnkonian. n;ast»'r. ('oni]U'll(>(l
to ntiini liiMn«* will) only i>;irfi!il fan' of nia< k'Tcl, ln'in^ rt'fuHi'd HiippMi,! jn
CanniUMn i)orls. (From !<tal<"in<'nts of II, F. !-)«' Mutts, owner, Bontoii, .Nhwi.)

Jmirew Kiitnham (Hohoonor). Boston. Mass.; Nathan F. Blakt>, niastor. Not al-
lowcil to l>ny proviHtons or to land and ship tisli to Boston, thereby losing val-
uable tiinw for tishin;;. (From 'statements of B. F. Dtf Btitts, owmr, Hosiini,
MaHN.)

Uarry (i. /'V«»if/i (.schoomr). (JloiicestiT, Mass; .lolin Chisholin. iniislcr, lu'tiis.d
permission t<» pnnhase any provisi<H»s or to land car^o for shipment to tiic
United States. (From stateinentM of John Chisholni. owner ami master, Glou-
cester, Mass.) •*' -' '•-■ '■''■'■ ■■■■■■■' "■: , r

Ooh J. //. rVench (schooner). Ciloncester, Mass. ; William Harris, master, \V;n
refnned iiermission to purchase any supidies, or to forward fish to the homo
port by steamer, causing; much loss of tinu' and money. (From afati'incnts of
.I<»hii C'hish(>lm, owner, (.Jloucester, Mass.)
W. II. W'i UinglOH {H';hno\wT), Gloucester, Mass, ; I). 8. Nickerson, master. Wns
refused permission to purchase any supplies, or to furward fish to the home
jiort by steamer, causinj; much loss of time aa<l unuiey. (From statoiueuts of
John Cliisholm, owner, (Jloucester, Mass.)

Raljth llixlijdon (schcKuier). (Jloucester, Mass. : Thomas F. Hodiidon, master. Was
refu-ed permission to jturchase any supplies, »)r to forward tish to the homo
port by steamer, causiuK much loss of time and uioiioy. (t>oui statuatents of
John Cbi.shtdm, owner, Gloucester, Mnfui.)

lldtlu' Aiy/i/w (schooner). Gloucester, Mass.; .lano's A. Cromwell, master, N<>t
allowed to buy any provisions in any provincial ports, ami thei-eby coiupt'iiiil
to return hmue duriun the fisliiuK sciisoii, causing liroken voyaije and ;;n'iit
loss. (Fnun stattMueiits of James A. iMomwell, owner and master, (jhuicesti r,
Mass.) '

Emma H'. liroun (schooner). Gloucester, .Mass.; .John McFarlaud, master. Wn-
forbidden bnyiiiK *".v provisir»ns at provincial ports, and thereby lost thni
weeks' lime, and was com|>elled to return home with only part of carjju.
(From statements of .I«diu McFarlaud, master, (iloucester, Mass.)

Mary II. 7'/io/«a« (scliocuier). (jloucester, .Mass.; Henry B. Thonnw, unwter. Pro-
hibited from buying provisions, and, in cousequeuce, had to return houui before
Tlose of tishinK season. (Fnuu statementH of Heury B. Thomas, owner and
master, Gloucester, Mass.)

nattie.n. frf(^ (schooler), (iloucester, Mass.; C. H. .Taekmau, master, rrnvented
from bnyin;j provisions to enable vessi 1 to continue tishing. Two of crew ile-
B<'rt«d in a Canadian port, and captain went ashore to report at custoni-iiomtn
and to secure return of nuMi. Was delayed by customs otflcer not beiiiK "t '"*
post, and ordered to sea by tirst otHcer of cutter Uon-htt before having an op-
portunity of reporting at custom-house or of finishing business. Had to return

THE FI«ilKKlES TREATY.

59

and n»|»ort on Haiiie day or bn NnhJHct to Hue. Provoiited fVoiii Hhippiiijj iiitm at
siuiH) place. At Port Hawkoshuiy, Nova Mcotia, wlulc on lu»iu«nviinl pasMaije,
nut allowtMl to tak« on hoard ritnv of 8oi/,ed AMi«ri(wiii tishiny scUooiitT .]ft>ro
CaitHe, wiio dt>sir«cl to return honin. (From ^tateiuonts of C. H. Jackinau,
niftHter. ("loncoHter, MaH».) ;•:''.' ^ ; ,

t!:t. Ethd Maud {m\\ mwvr). Glonc«»t«r, >[aMs. ; George H. Martin, master. Provided
witli a United States permit to tonch and trade, entere<l Tifjtiisli, Prince Eil-
ward Inland, to pnndiaHe salt and l»arrel«. VV'uh proliil)it<'d from Imvinjj any-
thing. Colieetor was otlVred permit, but deeiared it to he wortliioHs, and
would not examine it. Vensel obliged to rottirn home for artieles mentioned.
On second trip was not permitted to >jet any food. (From sfatenients of Geor^^e
H. Martin, owner and miwter, East Gloucester, Mass.)

('4. /o/iH T. llraii (sthooner). (Jloncester, Mass.; George .McT^ean, master. '*0n ac-
ciuint of extreme prohiljitory measures of tlie Canadian (Joverninent in refnsinjif
shelter, r*upplies, and other convenienees, was obliged to ah.indon her voyage
and come home without iish." (From statemeutH uf John F. Wonson «3tr Co.,
owners, Gloucester. Mass.)

im. lltnry W. Lon/elhuf (schooner). Gloucester, Mass. ; W. W. Kiii<r. inaster.
Oblijjed to leave the Gulf of St. Lawrence with only (W bjirrels of mackerel, ou
account of restrictions imposed l>y C;ina<lian («overnnient in ]>reventin<j; cap-
tain from procuring necessary supplies to coiitinne lislimg. (From statements
of .John F. VVoiison & Co., owners, (iloucester, Mass.)

til. ItiithHyht (Schooner). (JlouceHter, Ma.-ts. ; .)ami;s L. Kenney, master. Compelled
to leave Gulf of .St. Lawrence with only IK) barrels of mackerel, because of re-
strictions imposed by Canadian Governnu-nt in prohibiting ca|)tain irom pur-
chasing supplies needed to continue lishing. (From statements of .John F.
\VoM«(in & Co., owners, (Jloucester, Ma;»s. )

ill. Mil Fiutiklin (schooner), ttioucester. Mass.; Henry 1). Kendrick, muster.

Obliged to leave Gulf of St. Lawrence with 15l> barrels of mackerel, on account

* of reatrictiuns imposed by Canadian Government in denying to captain the

right to procure necessary su|iplies to continue fishing. (Frmii statements of

John F. Wonson A Co., owners, ()ih)nccstcr, Mass.)

«W. .Ve/)on«cf (schooMcr). IJoston, Mas,s. ; E. S. I'rye, masfei. August '^7, l^Sti, an<lion*d
ill Port Hawkesbnry, C. B.,and immediately reported at custom house. Being
short of provisions, muster asked collector for permi.s.Hiini to buy. but was twice
refused. The master, expressing his intention of seeing the United States consul
at Port Hastings, C B., 3 miles distant, the cu.Hioms otHcer forbade him land-
ing at that port to see the consul. He did .so, huwcver, .saw the eimsiil, but could
got no aid, the consul stating that if provisions were furnislietl the vessel would
he seized. Muster being sick and wishing to return homo by rail, at the sug-
gestion of the consul he landed secretly and traveled through the woods to the
station, 3 miles distant. (From statements of K. S. Frye, owner ami master,
Boston, Mass.)

Ill 1880 700 vessels were boarded, and 1,302 in 1887, to invostigrtte
liieir conduct, of which oO were l»rouj>:lit to the attention of the British
<iovtrnment.

60

THE FISHKUIES TREATY.

ThoHC lists comprise, mj nil, nearly KM) vessels that have been involved
iu seizures and other interferences growing out of disputed construc-
tions of the treaty of 1818. '""''"' ' ,'

That so many cases have arisen out of this i-ontliet ()f opinion is, in
part, fairly attributable to an a«;gressive temper on the part of the Cana-
dians, which has not been su«H;evSsfuIly restrained by the UovernuMMitof

«
Great Britain, and to an obstinate adheren«'-e to the letter of the treaty,

to the sacrifice of its spirit and to the i)reiudi('e of the "liberties" and
"l)rivileges" secured by its terms to American fishermen, as pur Gov-
ernmenl un(b>rstan<ls the matter.

The treaty had reference to extensive lines of sea-c(»ast upon wliicli
the bays, harbors, and creeks were as well known by name and location
in 181S as they are now, but they were not exactly described in that in-
strument.

It can not be assumed, at least in our diplomacy, that it is irrational
or nncandid for the British (lovernment to «"ontend that the entrance
of these places, so well known, was intended to designate a base line
from which to ujcasure the 3 mile linut, within which we forever re-
nonnced the right to take or cure or dry lish. < ,

Our construction has been that we did not renounce these "liberties"
in the bays, harbors, and cr«'eks, except witliin .i miles of the coasts
thereof, while the British contention has been that the word "coasts'"
iu the treaty relates only to the open sea coasts, and not to the coasts
of bays, harbors, and creekvS that are claimed and controlled by the
provincial governments as territorial waters.

The liritish contention is also fortified by the argument, as they in-
sist, that, in the lu'oviso to articJe 1 of the treaty, our right to enter
for shelter, wood, water, and repairs, is limited to " bays or harbors"
and does not extend to "creeks"' or to "coasts," and that these were
not opened to our riy^lit of entry, because of the difiiculty of enforoiiif;
the "restrictions'* up<»n the use of these privileges, to which we gave
our consent in the treaty, on the coasts and creeks, at places remote
from their ports.

It has been the duty of our <lii>loinatists, forced upon tUein by tlie
iniportance of our interests, to. endeavor to overcome these contentious
of the British Government, and to insist upon a more liberal con-
struction of the treaty.

The task has not been an e^sy one, ami the progress we have made
is scarcely discernible; lor iu> aduiitte<l change in British opinion seems

Tin: FISIIEKIEH THKATY.

61

to Iiave luHMi a('*!omplisln>il in rcspecit of the. cxclnsioii, from our ttcaty
njrlits of ftshory, of llu' crtM^ks, bays, and harbors whose nain«'s, limits,
and location were known, an«l w«'re recojini/ed by their laws as terri-
toriiil waters in 1818, except in referenee to the Hay of Fnndy.

In 18'">-1: and in 1871 we submertjed these (inestions beneath others of
jrreat iniportanee, and paid heavily, in reeipro(!al taritt arrangements in
(•lie case, and in mt»iM»y in the «)ther instance, for the security and i)ro-
tection of our tishermen a;;ainst the IJrilish headland theory, as they
t'hiimed it, in territorial waters, an<l for the ri;jht of inshore tishin;;.

On the other bran<;h of the subject, relatinj; to the proinulfiation and
ciiforcenientof "such re^ttrictions as may be necessary to prevent • • •
abiisinjxthe privilefifes • • • ri'served to" Ameri(;an tisheiinen, the
cases have been more niiim-ioiis, the discussiotis more heated, the inter-
ferences with our tishermen and their vessels, an«l with other vessels,
more aiinoyinjj; and damayinji, tlia>» those that have arisen umler the
Iliad land theory.

In most of these cases the provincial courts, or the piivy council of
tilt' local o-overnments, have nmde decisions, or statements, expouiiding
tiicir laws, both provincial and imperial, and insistinjjf upon their right
and Juristliction, un«ler the treaty, to do all that has been done by them
to our tishermen, except in the attair of Fortune liay.

What is sometimes termed the reciproitity of 1830, by which the in-
ti^rdict on commercial intercourse between the North American Hritish
Provinces an«l the United Stales was relieved, and connnercial inter-
coiuse was establishe«l <m a liberal footing, gave to our merchant ships
t'xteasive privileges that the treaty of 1818, under the British construc-
tion, denied to our tishing vessels.

This so called reciprocity was not establi>*hed by positive law in either
cmuitry; but, uuiler the proclamation of ['resident Jackson, authorized
by law, and under the orders of the I'rivy Council of (treat Britain, the
liberties of commerce were mutually a»;corded to the merchant ships of
<'iu!h country in tlu^ ports of the other. Wo will hereafter refer more
imrticularly to that arrangement.

Many of our fishing vessels being licensed, under our laws, to touch
and trade in foreign ports, our (rovernment has since claimed for them
iu Canadian ports the hospitality accorded to our other merchant ves-
-^els and all the liberties that they enjoy.

This reasonable claim was based ui)on the new conditions of ourc«)m-
luercial intercourse with Canada as established by '*the reciprocity of
1830."

:l

m

■■ '-lie

62

TIIK KlSHKinKS TKKATV.

It was mot witli tii(Ml(>(Oiiration that Atncriciiii tishiMiiuMi and tliinr
vessels iiad only tlie rights, in < .inadian waters and ports, tliat arc
expressly reserved to tliein under the treaty of 181.S; and that all other
rights are (lenie«l to them by that treaty; and the further insistance
that the United States can eonfer no other rijjhts upon them, in those
waters, tliun such as the treaty gives them in their chara<"ter as fislicr-
men.

This ipiestion has led to t,erious disagreement and has lu'en uiia
voidably mixed up with the question of tlie i)roper coUHtruetion of the
treaty of ISIS.

This l»Ien<linjr of these suhjeets has resulted, in pait, from the en-
larged i)rivileges secured to our tishermen in the tn*aties «)f 1.S54 and
1871, and from the IJritish laws and regulations, under which no«'xpres.s
distinction is made between lishing vessels uiid i)urely coninu'rciiil
vessels as to entrance and clearance; port and harbor dues; pilotap'
and tonnage dues; the right to demand manifests an»l to inspect cargues.

They employ their regulations, prescribe*! for commercial vessels, to
prevent fishing vessels fro!n having shelter for more than twenty-four
hours in a bay or harbor; or frotn obtaining water or wood, or makinjf
repairs, unless they have been duly entered in the customhouse and
ha e conformed to all th*- regulations that apply to merchant vessels.

The denial of every commercial privilege to oui- fishermen, even to
the supply of want» that humanity demands, while imposing upon tlii*Mi
every ''restriction" that merchant vess(ds were lequinnl to endure,
naturally excited the indignation of our people.

The contrast between the treatment, in tbese respects, of nuMcliant
vessels of all nations (including those of the United States) and our
fishing vessels was painlul and unjust, as it was unm^cessary, and placed
the nuMi engaged in an honorable and highly useful pursuit under the
ban of uHJustand unfriendly discrimination, and branded thent as per-
K<ui8 against whom there, was a geiu>ral ami recognize«| suspicion of had
chaiacter or of unw«>rthy designs.

During the interval between ISIH and lS;i(» the treaty of 181S fur-
nished the only rule. e(piitable or legal, for tin* admeasurement of tlu'
rights of our lishermen.

Since lS;it), except when the treaties of isr>4 ami 187 1 were in Ibiw,
the British (Tovernment, instea<l of relaxing the " restrictions" upon onr
fishermen, has increasetl them, and has been very ah^rt in conlMiinK
them to the strict letter of the treaty of 1818, whenever that has uiht-
ated, as to their fishing and other liberties and privileges.

THK FISHKKIES TUKATY.

II.

6a

WIir.riIKH IT IS OUR WISIIST AND SAFKST POI.KJY TO KHSORT TO THE
1,A\VS OF NATIONS. KNFOUCKD MY AM- MKASl'K'KS THAT MAY I3K NKC-
KSSAHY, OK TO TWK.VTV AUUAN(JI:MKN'TS, F01{ THE KKOULATION, (iKN-
HK'AIJ-Y, OFOIU FISilIN(; KKMITS?

It is (luih' clciir tinit. until wf Hir free fnmi the olilipitions of the
trciity of IHIM, they are a pait of oui- siijttejiie hiw, wliieh no department
of our own (loverniiient ean violate without viohitin;; our Constitution.

As the treaty is peiiMtual in the lenniuialion of our ri^jfht of common
lislicry, partiiittned to us as an appana^*' of the (Country whose inde-
|u'iideiu!e we estaldislied, we ejMi not, by any means short of u success-
till war, reinstate tlie Tnited States, by our own act, in the enjoyment
(if the rijjht that was so r«Mioun<'ed.

We can free ourselves of any embarrassment arisinij out of tlie
tivaty of ISIS, as to our fishetinen, licensed to tou(!h and trade, by
lopealinj; it, but nobody seems to desire such a course of action, or
to «'(»urt the situatioi; in which it would place both countries.

The strujj^le, in such an event, would be at once renewed under
retaliatory laws (if this treaty is rejecte<l); but every movement in
siich a j)olicy wouUl be very costly to the people of both countries,
iiiiti, as a i>robable result, woidd eventuate In war.

So, we must live under the treaty and be constantly embroiled with
tlio British Government as to its proper interpretation ; or we must
icfortn that interpretation by a fair ami Just ajireement with that (lov-
crnmeiit; or we must repeal or abandon it, and then rely upon retalia-
tion to re<lress our wroiif^s.

The demand of our tishermeu for an eidarjjenuMit of their commercial
jirivilcj^es, to <u)rrespond with those of our merchant vessels, and for a
more liberal hospitality in their bays, is the pith ami essence of our
ilt'iiiaud for a more liberal interpretation of the treaty of 1818.

This tiemand has to a ^reat dej^jree {frown out of the changed con-
ditions, both of tishing ventures and commercial intercourse, with the
British provinces since 1830.

It was not considered in 1818, but it can not be denied consideration
iHiw, in view of these chan|i;e<l coiulitions.

It is insiste*! by some that the treaty of 1818 gives no commercial
lifrhls to our fishing vessels; that it relates only to lishiu};' riju'hts and
to some incidental privileges of hospitality accorded to our tishernun^

:i

'■r,

si! ' .

^4

Tin: FlSIIKRIKS TKr.ATY

that tluMr ia im iummI to innciid tln» treaty so an to simmih' thoiii comiiH'r.
eiitl ri};litH; and tliat tliosc hIioiiM 1m> Hccuivd, ami would We, tlnoii^li
our h'fjislativi' powers of ivfaliatioii upon tlio coininenu' of the IJritislj
possessions.

If we infuse into that treaty th«' sul>sta!ure of this deinau<l, it must
be done by an agreement, in the natnreof an ainendnient,that t'uiiii.slifs
Hoino reeiproeal eone«'ssion to tlie people of the Hrifisii pt)sKessioii.s
coneerned in the tisheries; otherwise wo will fail to gain their consent
to it.

If we stand ui>on that treaty witliout ainendnient, as a Hshiny treaty,
insistintj tliat it has nothing totb> with tlu* i-oinuiereial privile^'es of uur
fishinj; vessels, and that it leaves us free to demand foi- them the same
commereial privilejjes that wo accord to (Canadian tlshermen, we i)laco
this demand ahmo upon tlie {ground of international (;omity, wliichisiii
no sense a substantial rijijht, and is outside of all treaty aj^nHMnenta.

We would then have the treaty prohibition ay;ainstt)ur tlshin«j vessels
entt'rinj; ('anadian bays and harl»ors for "ai'y other purpose whatever"
than to buy wood, obtain water, make repairs, and ttnd shelter; while
their commereial privileges would entitle them to enter the ports of
tliese bays and harbors for any lawful comnu'rcial purpose; and this
would reMiIt frcnn our a«!t in jjiviu}; them, uiuler our laws, the d()iil)lo
<"haract«'r of lishermen and merchantmen.

The Uritish (rovernnu'iit treats this pr«)position as a mere attempt to
eva<le the treaty of 1818, and, in that view, they insist upon its rijjiil
enforcenuMit. They (piote the restrictions of the treaty of 1818 as beiiij;
obligatory upon the United States, ami insist that wo can not cliaiifio
the chara«'ter of a vessel from v. fisherman to a merchantman by fjiviii;,'
to sach vessel any form of license, enrollnxMJt, registry, or sea papers,
iu addition to such as place it in the class of a llshing vensel.

However illiberal such a contention may bo, they certainly claim the
right, tinder the treaty, and outsi«le of it as well, to deny all entriuito
of our tishing vessels to their bays and harbors, except in their eliarac
ter as Hshermen. As vessels of commerce, the IJritish (lovermiH'iit
claims that they enter the ports by comity alone. As tishing vessels,
they admit that they enter the bays and harbors by right, uuiiertho
treaty, but only for the purposes to which the treaty of 1818 restricts
them.

Wo do not intend to lay down what we may believe to be the limits
-of jurisiliction over adjacent seas chat are said to be secured to the Gov-

THE F18HKUIKH TUKATY.

G5

more iittcmpt to
t upon its rifjitl
of 1818 as beiug
i can not chiuifie
It man by {jiving'
V, or sea papers,
vessel.

■taiuly claim the
eny all entraiit'O
in their cliarac
sh (lovernuH'iit
i tishing vessels,
rijrht, uiuler the
uf 1818 restricts

ernnn'uts owninj; tlio coasts by rhu laws of nations, (yliancollor Kent,
Mr. .Ii'U'ersoii, Mr. ^Fadisoii, and .Mr. Seward, and niany other great
lawyers and statesmen of our (country have advocated theories on this
subject e,nite at variance with the .'{-mile luMindary of oar right of juris-
(lictioii seawani from the coast. This questi«)n needs to be.handied with
fK,\i circumspection. Tliis is a very important matter.

A vast extent of the coast of the Pacltlc, reacliing to the arctic cir-
do, and (lestined to become a more important lishinjjground than the
Atlantic coasts, must be afll'ected by the principle.-* of intcirnational law
which the United States .shall assert a.s •Icillning the lirnit.s seaward
liDiii the coasts of our exclusive rigiit to (ish for seals and sea-otters,
whales, and the many varieties of foodtish«*s ''lat swarm along tlie
loasts of Uehring Sea and Striiits. We might tlnd, in that quarter,
livery inconvenient applicnition of the doctrine that, by the law of
imtioiis, the three-mih^ limit of the e.v(;lu.sjivo right of lishery is to ftdlow
;iii(l be measured from the sinuosities of the coasts of tlu^ bays, creeks,
iiiitl harbors that exceed six miles in width at the entrance; and an
tMiiially inconvenient application of our claim for full commercial privi-
lo^'os in Canadian ports for our tishermen, wlien applied to JJritish
Coliinibian fishermen in our Pacilic ports, which are nearer to them
tlian to our fisheries in Alaska.

NO allusion is made in the treaty of 1813 to the laws of nations as
tiiniisliiug canons for its interpretation ; and we infer that its meaning
is to be gathered alone from its context and the circumstances that at-
•cikUmI its ado]>tion. '^

riie inidersigned believe that the interpretation of that treaty, which
lias led to its reformation in the treaty now before the Senate, is far in
ailvanceofanything that any American diplomat has ofhcially demanded
"t llie Ihitish Ciovernment, and will Iea«l to a full and arnicable adjust-
iiii'iit of all troubles of the sort that have heretofore arisen ; and that it
will open the way for a liberal and neighborly agreement as to suc'i dif-
it'iences as may hereafter arise, both on the Atlanti«;and Pacitic coasts.

In this interpretation and reformation of our existing treaty, the
I iiited States make no connnittals as to the exclusive rights of fishing
inuler the laws of nations that may attect our interests in the Pacific
iiultliethilf of Mexi»!0 in the future; nor do they place the delimitations
"t the tishing-groiindJ*, or the alleged commercial rights of our fisher-
iin'ii. upon any i)rinciple of the internatioMal law that may be quoted
'>;;!un.st us at Victoria (within a very short distance of our northern
S. Mis. 109 5

m

■ill

m

(Hi

THE KISHKHIKS TRKATV.

ImhiIci), or ulon^' the t'xtoii.sivo hcu coast bttMuuii Tugi't .Sound ami
AluHka, our givat rarilic. tislu'i^,

TIa» mnl(MHij;iu'il pri'l'iT tliii iUTtainty which this ticat\ has sociirt'il
as t«» our specific rijjhts in tlic lishcrit-H of the Athintic coasts of Noiil,
America to the itncertaiiity of the international hiw as to ail tliosc
«|neMti(>ns, which will l<>ave in hitter dispute our riij;hts and lilit'ttii >
lM>th on the Atlantic and I'aeitic coasts, hays, harbors, and (!recU.s, and
in I»ehrinj;'s Hca ami Straits.

Th»' undersi^jned believe that the treaty now under <*onsidcrati()ii
atlords a better foundation for both our Hshin;; and commercial ri;;lits
tlmn any that can be slated as resting; alone upon international law, or
upon comity securctl by retaliatory laws and maintained by the Ihin
natinjj interests of (M)mmer(!4', that are very un.stable.

Those who assert that it is not the duf; , and is scarcely the ri^jlif, ot
the I'n'sident to resort to ne;j;otiations, in i»reference to tln^ retaliaiion
provided for in existin}; laws, in order to secure (commercial ii;:litst(»
fishermen in Canadian ports, are not willing; that their pririktjeH sliall
be enlar^jed and (Converted into rujhtft set'ured by treaty. Tliey pretci
the cliances of ;;reater success tlirouy:h le;.'islation that will intiinidatf
the IJritish (iovernmcnt or j^reatly end»arrass British 'jonunerce. Tins
seems to indicate that they rely for success more upon IJritisli cn|»ldit,\
ami the fear that (i(»vernment has of the consetjuences of war, than
upon its sense of justice, or its ;;ood faith in li»*epin;i treaty ohli^jations.

Whether or not this ma^ be true, it is very obvious, as the under
si};ncd believe, that the advantages we are supposed to enjoy undcrsiicli
circumstances would be tpiite as available for the increase of our ('oiii
mercial i)rivileges by retaliatory laws, after this treaty is ratilied,a.s tlicv
are at present. Our good taitli U no more pledgetl in this treaty than
it is in the treaty of 1818.

This treaty does not bind us to advance no claim hereafter to in
creased commercial pnvileges in favor of our tlshermen. The spirit in
which it ifi framed is one of conformity, in our treaty relations, to tlu'
progressive interests ami necessities of the country, so that a fiirthiij
increase of commercial privileges would naturally result Iroin tlit'j
policy of both countries; as is shown by the fact of the negotiation oti
this treaty, when such increase should ajipear to be, as it will be, nuitiij
ally advantageous.

THE riMHKRIKS TUKATV.

67

m.

AN IMI'oUTANT I'KKCKDKNT FOR THIS TliKATY IN THH ARKAN'iJKMKXT
ol TKUKI) UV MR. HKWARD 1\ IHtW TO THK MRITISH UOVKKNMKNT.

Tlit'in is A vi'iy iin|n>rtjiiit ivreciMleut lor tlio ])laii ot this treaty, uiul
tor some of its loinliri;; foutinvs, in the protocol proposed ii. 1H(»<{ by Mr.
ScwanI, then Secretary of Htat«', throii^jh Mr. A(hims, our iniiii.stor to
(Jroat IJritaiii. The h-ttcr of Mr. Soward and tlic protocol are as ftiUows :

Mr, Sew«ril to Mr. Ado>n»,

No, 1737.]

Dki'aimmknt t>i- Statu,

WuHhinijIiin, Aiiril 10, i^iWt.
Sir : I wiul yoii ii copy uf n very miKKestive lett«r from .Mr. Riuhiinl 1). CiittH, who,
IM'rliiip^: you aro nwiire, was I'lnployfld &» Hiirveyor for marking;, ixi the imrt of the
L'liitcd StateH, the fiahery limilt undvr the reciprorilif treaty. Mr. Ciitt-s's loiij; fa-
miliarity with thiit Huhjcct prat-tioally and thuorotioally eiititlua hii HUKK*'!*tions to
n's|iect.

It in d«Hinilil>> to avoid any collision or niisiuiderHtanding with Great Britain on
till' siihJKct growinj; out of th« torniinatiou of the reciprocity treaty. With this vinw
1 iuc'losoa draught of a prorocoi, wliich you may propose to Lord Clarendon (bra tem-
liorar.v n'^nlation of tlio inattrr. If In' should aj;'"''*' **> 'tj >t may be 8ij;nt*d. Whon
w^;nt•(l it In d«>8iraUIii that the in^tnictioiiH referred to in the eoncludni); paragraph
>li<>iil<l at onei> 1m> disMatehed liv the llritish (iovernineiit.

.\sthe tishiu); season is at hainl, the collisions which uii);ht lie apprehended may
oiaiir when that HoaHou advances.

I urn, sir, your (dtndient servant,

, '• ' William II. Skwahd.

Ihauijht protocol communicated by Mr. Adams to the Karl of Clarendon in 186G.

Whereas iu the tirat article of the convention between the United States and Great
Britain, concluded and signed in London on the !j(>th October, 181i:^, it was declared
iliat— -.;, ,.x. -: c ;: • , ■ ^ S

"The L^nitcd States lierebv renounce, forever, any liberty heretofore enjoyed or
iliiiiiuMl by the inhabitunts thereof to taUe, dry, or cure lish on or within '.\ marine
iiiiloH of any of the coasts, bays, creels, or harbors of His Hritanni': Majesty's do-
minions iu America, not included within curtain limits heretofore mentioned;"

And whereas ditferences have arisen in rej^janl to the extent of the above-mentioned
f<iiunciatiou, the Government of the Uniteil .States and Her Majesty the Queen of
"ri'at Ilritain, being equally desirous of avoiding further misundei-standing, have
I'Ki'ied to appoint, and do hereby .luthorize the appointment, of a mixed commission
for the following purposes, namely:

(1) Tu agree upon and deline, by a series of lines, the limits which shall separate
ilie exclusive from the common right of tishoiy, on the coasts and in the seas adjacent,

G8

Tin: FISIIKKIKS THKATV.

of the Hiitihh N'ortli Americm i'i)louit'.«i, in cimt'onnity wiili tlie lirjd articli' tif tlio
couventioii of 1818. TUo naid liuos to b« re;;iiliirly iiiiintxToil, duly doscriocd, uud
ftlsoclearl;; iiinrkt'd on charts pivparnd iit diiidicati^ for tho piirpoHi'. '

(2) To agren upon anil ostablish such n');uhiti;>;iH as may bo nocessary and proper to
st'curc to tho liHlicrnicn of flio l"iiito<l Stato.s tho pvivih-^jo of ontiM'in;^ bays and har-
bors for tho i)urposo of shoUor; j.nd o( npairin;; daniajjos thtrein; of ioiichi>siiicf
wood, and of obtaininj^ water; anil to aj»ri'« upon ami I'stablinh snch rostrictions «»
may bo necessary to prevunt the abuse of tho privilejjo reserved by said convention
to ftsionnen of the IJnitod States.

^3) To agree upon and reeonuncud tho peualties to bo adjudjjed, and such |>ro-
cee«lin;js and jurisdiction as may be necessary t(» secure a speedy trial and jiuljjnieiit
with as little exp-'use as possible, for tho violation of rights and tho tranH;rrc>i.sion nf
the limits and rest ri'M ions which may bo hereby a<lopted.

Provided, however, that the limits, restrictions, and regulations which lufiy ho
aj;reed upon by the said commission shall not be (inal, nor have any etVect, until so
jOintly conlirmed anil declared by tho United States and If'^r Majesty the Queen of
(Jreat Hritain, eitlier by iieaty or by laws mutually acknowledj^ed and accepted hy
the President of the Unite,! States, by and with the consent of the Senate, uuil by
Her M:;j;'sty th«> i^ueeu of Great Britain.

Pending a dirt'ereit arrangement on tho subject, tho United States Govornaiciit
engages to give all jiroj/er orders to otlicers in its employment ; and Her Hrit.-vnni
Majesty's Government enj^ages to instruct tho proper coloui.il or other British orticeis
to abstain from hostile ai^ts against British and United States tishermen respectively.

This protocol was ottered by Mr. Seward, as a modus rirendi, tiflor tlio
termiuatioH of the treaty of 18."»l Imd thrown us back upon thatof IS18
as to our llsbery n<jhts. lie ottered it, also, for acceptance by Ciieat
I'vitain as tho basis of a tiew treaty of interpretation and ropnlatioii of
those ri^dits. ^

Mr. Seward's recommendation of antixed comndssion, (1) "toajjrt'c
upon and define by a series of lines" the tisliin;; limits, in conformity
with the tirst article of the convention of 1818; (2) "to ayree upon
and establish such repnlalions as may be necessarj' and proper tosecu-.e
the lishermen of the I'nited States the privilege of enterinfj bays and
harbors" under the proviso to tho treaty; ami (3) *'to agree upon and
recommcJid the penalties to be adjudged, and such ]»roceedings and
jurisdiction as may be necessary to se(Mir<^ a .^peetly trial," etc, ''toi
violations of rightj* ami transgressions of limits ami n'strictions,''' etc.,
indicates an earnest apprehensi»>n on his part tkat no Hvitlcmcnt eonld k
reached by ordinary negotiatiom; that tlie treaty could not be aiiiifiil'ly
kept unless it was anuMuled; and that the amt'iidinents he propi'sed
wuidd euro the defetlH of the indelinite descri[>tion of the ri'jhtu itnd
restrictions and Jishintf /,»it/«that were too generally stated in the treaty
ul 1818.

THE FISHERIES TREATY.

G9

lo of tho
ii»o(l, anil

lii'Diicr to
I iuul iiar-
iircliPNini;
ictions as
.nvcntiou

Hllch 1)10-

jrcsHion of

oh iiifiy l»o
t, until so
1' QiU'eu of
fccpted by
itc, and by

iivt^rnmoiit
• I5i-it:'.i»nu-
IIhI". oflici'is
sppctively .

after tlie
of IS18

>y (Iri'iit
iitioii of

toajjive
it'oriiiity
CO upon

> .seciive
)iiys anil

11)11 and
11 "[s and

tc, "for
;i.s'," etc.,

couhl he
uuical'ly

i|

proposi'tl
rjhts and
lie treaty

IIo saw the increasin*? dangor of the situation, and came boldly for-
ward to provide against its results.

The cordial niantier in which tlies*' three luopositions wore then re-
ceived by the Ihitish Government, as a basis of ajireeinent, inspired
the efforts of the present a«lniinistration to renew the ne;;otiatiou on
tlii.s plan as the basis of a new treaty.

ly.

MKASIJRES OF HOSTILITY, EITHER COMMERCIAL OR ACTUAL, ARE NOT
rREFERABLE TO THE TREATY BEFORE THE SENATE.

Tiie undersi<;ned have fouiul no opinion expressed by any of our
diplomatists in their oftiiMal correspondence that the proper interpre-
tiition of article 1 of the tresity of 1818 could be otherwise secured
thai; by a further agreement, as to its nu'aning, between the treaty
powers.

It \vc demand a still more favorable agreement than that presets ted
in this convention now under consideration, we shall probably en-
counter many more years of controversy and negotiation befoie a ijotter
n'stilt can be.rciched.

If, laying aside all treaty agreements, we attempt to coerce a better
understanding ami less grievous pnictiees thiin we have already suf-
tered through commercial retaliation, we shall lind that the «50st to our
own people is far greater than the entire value of the fisheries.

If we resoit to war, or to measures that may lead to hostilities, upon
what precise deiinitioti of our rights and grievances will we juscify such
{,'i'ave proceedings, either to our own jieople, or before the nations of
thccarth * \Ve believe that lU) man can safely venture to formulate
>^ii(h a declaration.

I'nless'we can clearly state the causes that justify a war for the re-
dress of grievances, or the clear definition of the right we seek to
assert or defentl, we have no right to subject the country to the perils,
<»r even the apprehensions, of hostilities.

it has never been stated by any administration, «>r diplomati «t, or
hy Congvess timt any <uie case, or that nl' the cases that have giowu
out of our disputes with dreat Britian about the treaty of 1818, gave
a inst ground for retaliation, reprisals, or war.

Till' untlersigned think it can not be safely denied that in article^ 10,
1-N 13, and 14 of this treaty we have gained advantages and privi-

m

70

THE FISHERIES TREATY.

leges of a very iinportant cliaracter. In them is fouiul the lull
conc288ion of every clsiitu to tisUiu}? ri<rhta we have over iniuio, as
being: within tlie letter or the spirit of the tiraty of 1818 that is now of
any practical value ; and the methods provided for their adniinistri.
tion are quite as satisfactory jis any we have ever claimed under our in-
terpretation of that treaty. For convenience of reference we insert
those articles in this paper, as follows:

. AinicLK X.

United States tish'in^ vessels «Mitoriii){ the hays or harborw rcfurretl to ia Article I of
this treaty xliall conform to harbor regnhitioim rominon to them and to fishinrj vcsfiek of
Canada or of ycirfoiindfand.

Thei/ need not report, enter, or clear when imttiii); int<> siicli bays «)r harbors for hIkI.
ter or repairing dr.magei, nor when inittiiig into the same, onlaide the Umita of CHlahlished
ports of entrg, for the purpone of purchasing trood or of obtaining water; except that any
such vessel remaining more than twenty four hourg, exchisive of Siinilays and U>j;al hol-
idays, within any such l>ort, or communicating with the shore therein, may he required to
report, enter, or clear; and no vess*'! shall be excused hereby from giving due informa-
tion to boardiii;ij otb<'ers.

They shall not be liubb' in any huiIi bays or harbors for eonipulsory i>ilota.<ro; nor,
when therein for the purpose of shelter, of reuairing damages, of purchasing wood,
or of obtaining water, nhall they be liable for harbor dues, tonnage diicji, buoy dues, light
duet, or other similar duex; but thin enumeration $hall not permit other charges inconsiKleut
with the enjoyment of the liberties reserved or secured by the Convention of October
8(1, 1818.

'■ Akticlk XI.

United States fishing vessels entering the ports, bays, iitnl harl)ors of the Eastern
and Northeastern coasts of Canada or of the coasts of Newfoundland under »lnx^of
weather or other catua'ty may unload, reload, tranship, or sell, suVtject tucustoins laws
and regulations, all fisli on board, when such unloailtng, tranHhipnteut, or male in made
necessary as incidental to repairs, and may replenish outjils, provisions, and supplies dam-
aged or loKt by disuMter : ami in case of death or sickness shall bo allowed all in'edln)
facilities, intluding the shipping of crews.

Licenses to purchiise in establi.shtMl ports of entry of the aforesaid coasts of Canada
or of Newfounillan<l,/(>r the homeward voyage, such provisions and supplies lis aro ordi-
narily sold to trading vessels, shall be granted to rniled Slates Jishiug vessels in such
ports, promptly upon application and without charge; and such vesstds having olitaiiifd
licenses in the manner aforesaid shall also bo a^-corded upon all occasions such faoil-
itiea for the purchaHc (.f casual or needful provisions and supplies as are ordinarily
l^rantcd to the trading vessels; but hucU provisions or supplies shall not be obtained
by barter, nor purchased for resale or tradic.

Aurici-K XIII.
The Secretary of the Treasury of the United States shall make regulations provid-
ing for the conspicuous exhibition, by every United States Ashing vessel, of its ofticial

THE HSIIERIES TRERTY.

71

immlHT on each bow ; and uuy tiich vchs*-!, riMiuirod by law to have an official mifti-
bcr, anil tailing \o comply witli such ro^^ulationH. shall no^ bo entitled to the liceusos
priiviiU'd for in t.'us trcatj-.

Such lojjnlationM shall be conimiinicatbd to Her Majesty's Government previonuly
totlioir taking ctlect.

Aitrirt.K XI v.

Tilt) I'enalties for uiilaw/ulli/ Jli*Uhi<i in the waters, bays, creeks, and harbors,
leftm'd l« in Article I of this treaty, may extend to forfeiture of the boat or vessel,
and ai>i)nrtenanees, anil also of tlie supplies and iirgo aboard wiien the oflense was
rmiimitteil : ixutl/or prrjiariiKj in siieh waters t'> iiiiluu/iiUij Jhh tlivrcin, jienaUies shall
bt'iixed by the court, not to exceed those for unlawfully fisliing; and (or any other
r'lolation of the laim of (ireal lirilahi, Canada, or Newfoundland relating to the
right of lishery in such waters, bay.>«, creeks, or harbors, penalties shall be fixed by
ihe court, not escrrdlng in dl three doVara for vvenj ton of the. Itoat or via»el (oneerned.
Till' liiiiit or v«'sst'l may be holden for suidi jieualties and forfeitures.

Till' luiiceedings shall be suninniry and as inexpensive as practicable. The trial
texcept on appeal) shall be at the place of detention, unless the judge shall, on re-
iliiestof the defense, order it to be held at sonus other place adjitdjivd hij htm more con-
mieHt. Security for "losts shall not be required «)f the defense, except when bail is
mlert'tl. Keascunible bail shall be accepted. There shall be proper appeals arni/aftJe
/'/ till' diftiise only ; and the tvidnice at the trial ma;/ he used on appeal.

Jiiil;;nients of forfeiture shall be revicwtul by the Governor-(jeneral of Canada in
(iiiuicil, or the governor in council of Newfoundland, before the same are executed.

Wo accord (in Article 12) to tlie tisliiiiy; vessels of Canada and New-
loiindlaiMl the same privileijiH on tlie Atlantic/ coasts of tlie United
States that are secured to our fishinff vessels by this treaty', without
.K'.mitliiijjf them t«) lish within .'} miles of the coasts of the bays,
Imrhors, or creeks alonj;' that seacoast.

This treaty secores to our fishernjen the f'ee navigation of the Strait
iifCiiiiso.

Article 15 secures to us the option to acquire very important codi-
inireial privilej'es to our ll.sherinen whenever Congress shall conclude
that they are wortli the money that wo may otherwise collect in duties

1)11 lis) I.

•oiigress may never make this concession ; but the power to ac<iuire
these privileges, as pcriniinent treaty rights, may become very valuable
tons when the diminishing products of the llsherit.s iu the waters ad-
jacent to the eastern coasts of the United Statt;^ and of Canada ami
.Vwlbiiiidland increase in vilue, l>e(;ause they will be required to
supply the nee«ls of 1(M),<)(H),(HK) of i>eople in the United States and
'''MKM>,(KK) of people in the Dominion of Canada.

72

THE FISHERIES TREATY.

This article is suffj^estcd l)y a wise foroiiast of the future necessities
of our tisheriin'ii, as well as those of the people of the United Statos,
when our i)()pulation is trreatly increased, and the supply of food is to
be distributed to suidi a vast multitude of poojile that the allowance
j)er capita J will be, accordingly, diminished.

The treaty now before the Senate is one of reciprocal concessions.

The unconditional concessions to the lishermen are not strictly com.
mercial, but they give them great assistance in their business and in
the means of relieving any distress which niav befall them.

Can we ever hope to engraft on the treaty of 1818 any new agree.
ment for coniiuercial privileges to t)ur fishermen without giving an
equivalent in some liberty or ]>rivilege that (ireat Ibitain will claim for
her lishermen ?

This question is answereil by the fact that we renounced in 1S18 tlie
best part of the tisheries that were of the fruits of the war for independ-
ence in order to make the ri!sidue a permanent right; and in IS.lt and
1871 we agreed to i>ay heavily for a temporary susi)ension of the restric-
tions and limitations of the treaty of 1818.

AVe have made (bur lislnMies treaties with (ireat IJritain, in 1783, 1818.
185-1, and 1871, and in none of them has any commercial i)rivilcge been
secured to our lishermen. No serious eflort has been made to secure
such jirivileges pr'or to the negotiation now before the Senate. All
that we have heietofore si'curcil to our lishermen has been the privilejje
of inshore lishing, of curing and drying lish on certain parts of tiie
IJritish coasts, niore or less restricted and changed in cuvh successive
treaty, and the right to buy wood, obtain water, make repairs, and lind
shelter.

Now, wo find, according to the testimony of everybody concerned, and
the thoroughly consideretl report of our Committceon Foreign Kelations,
made after a searching investigation conducted upon our coasts, and
vii)on the testimony of experts laid btdbre tln^ Senate, that the inshore
fisheries, for which we have |»ai«l antl sulfertMl so much, are of no value |
to OS, and that the privilege of purchasing bait from the Canadians is
an injury to our lishing interests rather than a beneflt.

These declarations, which were true, show that nuiny of the conten-
tions an<l strifes we have had over this subject, for seventy years, liavei
been about a claim of rights and privileges that are no longer of anvj
advantage to us.

They prove that v.e need only such advantages, or privileges, for •"•t

THE FISIIERIlvS TRKATY.

73

tislu'iiiu'ii on tlu* (Janadijin coasts as aro eiijoytvl by our niercliaiit ves-
sels, ami iliat these are not very important to tlieni.

PiMseseininjv lias revolutior.i/.ed the mackerel fishery almost entirely,
and has larjjely allVeted the herring li.'ihery, and has given toour fisher-
meii great advantages in "the catch." IJnt Canadian capital and
energy will not long permit ns to do all the purse or deep-water seining.

The freezing of lish on shipboard, so as to get them fresh to our
markets, is of recent date, but M a very important change in the lish-
iiig business. In this the Canadians have no greater advantages than
our tlshermen.

These two Improvements ia the tishing business, with tlie added
power of steam, which has been applied to sea navigation since 1818,
hiive produced the revoluti*.. these pursuits which renders it more
convenient to have comnicKnal rights for some of our tishing vessels,
but has removed the necessity to have lishing privileges within three
miles of any of the coasts or in the bays of the British i)ossessions
that are not classed as great arms of the soa.

'flic history of the controversi(!S that have found a final solution in
the treaty now before the Senate, and the explanation of the bearing
of the treaty ui)ou those questions, are so clearly and ably stated by
lion. W. L. I'utnam, in a letter dated April 10, 188S, that we apjiend
it to this rei)ort (Ai)]>endix E).

Mr. Tutnam being one of our plenii)otentiaries who negotiated this
treaty, his review of the diplomatic a'.id legislative hi.Uory is an impor-
tant exposition of the merits of this subject.

m

V.

THIS TliEATY UOMPAKED WITH THE COMMEKCIAL AKRANGEMENT
STVLED "THE KECIPROCITY OF l(;aO."

This treaty proposes liberal reciprocity to us, confined to lishing in-
terests, and giv«»s us all the time we may choose to claim in which to
consider our best interests and determine wheth"r we will accept or
reject the overture.

The right of choosing between this prolfered commercial reciprocity
and the privileges accorded to us under what is termed "the reciprocity
of 1830" is a decided advantage in favor of our fishermen.

The products of our fisheries in Canadian waters are »iot permitted
to cuter Canadian ports uu any ships of the United States by the Brit-

74

THE FISMKRIKS TREATY.

isli proclamation of Xovomber 5, 1830. That proclamation declares
''that the ships of and belonj^inj; to the said United States of America
may import from the United States aforesaid into the JJritish posses-
sions abroad goods the jtroduce of thofie States^ and may export jjoods
from the llritish possessions abroad to be earrie<l to any fon'i<;n conn-
try wliatever.''

This cannot apply to (ishery products taken or purcliased in the
Canadian waters or ports, and was not intended in any manner to
add to the four purposes for which our l\shermen may enter Canadian
ports under the treaty of 1818, as we understand that proclanuition, or
to repeal that treaty.

This ])roclamation was a month later than that nnido by President
Jackson, ami was the IJritisa resjmnse to our pro(!launition, under which
♦•British vessels and their carf^oes are admitted to an entry into the
ports of the United States from the islands, i>roviuces, ami (polonies of
Great IJritain, on oc near the North American continent and north or
east of the United States." The full text of these proclamations is
hereto appende<l as Appendices A and B.

These prodanmtions set forth the entire concurrent action of the two
Governments (which is called the reciprocity of 18o0). There iiaving
been no change in the situation since that time, that is "the reciprocity"
which still exists, as nnitter of law.

The broad liberality of our concessu)n is in very striking contradt
with that of Great Britain; but we have live<l umler this ine(pnility ot
rights for more than tifty years, without a serious protest until witliin
three years, and the comi)laint8 we have made arose from the British
construction of our lishing rights and not of our commercial rights
under that reciprocity.

Our tishing vessels are equally barred (under the British contention)
by the treaty of 1818, and by the British proclamation of November "),
1830, from entering their ports with cargoes of fish taken in Canadian
waters, without reference to the rights to touch and tra«le or to any
other commercial charaiiter, that we may give them under our laws.
To gain these rights for our fishermen, we have a choice of grave al-
ternatives.

But the cost of the naval. and military prepiu'ation that would he
necessary to give confidence to our own people, in supporting any ex-
treme demand or stringent measures connected with this subject, would
bo greater than the whole value of these fisheries for the next hall
Century.

THE FISHERIKS TREATY.

75

VI.

Tin: rK'KSIDENr has only PKUFOUMEn A PLAIN DUTY, IN THE INTER-
1.STS OF ALL THE I'EOI'LE OF THE UNITED STATES, A \T) TO THE SEN-
ATE I?' LEFT THE RESFONSIIULITY.

Tlic iiiideisififiuMl <1() not lind it nocessiiry to answer in dolaii the
various objectioiiM urj^od in conjuiittcc by tlio Senators opposed to tlio
ratification of this treaty, because no ainendniont was ottered to indi-
cate that the treaty could be so improved as to gain the support of any
iiieinber of the majority of the (U)nunit tee.

The uiidersifjiied understand that tlie dissent from this nej,'otiatiou is
directed to it as an entirety. Tliis «lissent is based, in part, upon the
(ipinion of some members of the majority that tlie President should not
li.ive entered upon any negotiation, in view of the resolution adopted
by the Senate on the 3d day of February, 1880, and the opinion of Con-
I,'res8 as it was expressed in the non-intercourse act approved March 3^
1SS7. That resolution is as follows:

HfHolved, Tlmt in tho opiniuii of tlio Sonuto the iippointment of u coiiiini88i(m, ii»

which the OovernmoiitH of the Uuitod Stat<!s and Great Britain sliall \ni represented,

Imr^jed with the consideration and settlernunt of the fishinij rij^hts of the two Gov-

iniiiicnts on the eoast.sof the United States and l?ritish Xortli America, on^lit not to

li'' iirovided for by Conjjress.

Tliis resolution related, as we understiuid it, solely to the question
wliether such negotiation should be eondin^ted by commissioners, under
III act of (Congress, or by the President, under his constitutional power
to make treaties.

Tlie Senate ailhered to its constitutional power to ratify or reject a
treaty, and insisU "I that the President should make any negotiation he
ini^'lit see lit to conduct in such form anil under such coiulitions that the
power of the Senate over such subjects »hould not be interfered with.

Tlie retaliatory act of Congress above mention*.Hl was not intended,
iiul could not have been intended, to instrjict the President tas to the will
of the legislature in a matter over which Congress has no authority —
tlic negotiation, ratification, or promulgation of a treaty.

Congress has the right to declare that in some or all of the hun-
'Ireilsof cases that have occurred in which the treaty of 1818 has been in
'I'lfstion, it has been violated, and that retaliation, reprisals, or war
Jiliall follow such abuses until they are compensated, and they shall
cease. Such a declaration as to the violation of the treaty was dis-

Wi'l

7G

THE FISIIEKIES TKEATY.

tinclly m.ido in tlio report of t!ie StMiiUo Cointnittee on Foioifjn l{ela
tions, on tlui IDtliof .lanniiry, IHST. Wo (luoto IVoin tliat, report, ns to].
lows :

It will 1»«> s«'on, from tho corrt>s|tt>iu1i'iict> uinl imptTH Huhiiiitti*<l liy the l'ii>si(lciit,
ill liis mi'ssaiii' on tlu> sii f, of tlm Htli of Ut^comlxT last (Ex. Doc. No. lit, I'orty-
ninth Congros^ Hi-cond Ho»«ion), and froir. the toMtiniony tiik»>n by tin? (•oiuiiiitttc.
that HoniH of tliusu inHtnnces of Hoiziire or detnntion, or of driving vonhcIs iiway liy
threatH, otc, worn in cli-iir violation of tho treaty of ISIH, and that otht-rs were on
audi Hlciider and technical gioiiinU, cither hh applioil to tlshing rights or coiiiintMvial
rightH, IIS to niaki' it iinjiossibic to liclicvc that thoy were niadt^ with the lar^jo iiiid
just object of i)roiccting MiiltstaMtial rijihts against real and substantial invasion, luit
mnst have Itccn made cither under the stininlns of the cnpidity of the seizing drtlct'i',
Nharpened and made safe by the extraordinary legislation to which the comniittfulmN
referred, whereby tlio seizing otliccr, no matter how nnjust or illegal hin proceduii'
may have been, is made pr.icticuHy secure from thu necessity of uniking substiiiilial
redress to the party wrongeil, or of pnnishinenf, or else they must have arisen IVimii a
systenntli)! disposition on the part of the Dominion authorities to vc\ and liarais
American tishing and other ves.s4ds so as to jtrodnce such a statu of emb.-irriutsimni
and inconvenience with respect to intercourse with the provinces as to coerce the
United States into arrangements of general reciprocity with the Dominion.

15ut Conjji'es.s did not follow tip this l)oK» dot'laration of that coiimiit-
tee with a demand for rediess, or with any provision of law that was
based upon the fact that tue treaty of 1818 ha«l been violated by Great
Britain. It was onr coniinercial ri<;ht.s that Congres.s nndertook topni-
tect.

The committee did not ask the Senate to pa.ss a bill that wotdd com-
mit the country, if it should become a law, to a state of actntil hostility
towards rJreat Britain, or even to a firm declaration that (ireat IJritaiii
had violated the treaty of 1818 in the manner and with the niotive>
stated in the foregoing extrjvct from their report.

Congre.ss was either satistied that no occiasion had arisen which would
justify decisive measures, such as retaliation, reprisals, or war, in resent
mentfor any actnil violation of the tretity, or else it sought to evadi'
its just responsibility to the country by increasing the powers of the
President to retaliate oji liritish commerce, and by throwing upon liim
the responsibility of deciding whether the "recent'' conduct of that
Government and of the provinces demanded of the United States that
any retaliation should be i>rocIaimed and enforced.

The House 'of llepresuntatives demainled broader powers for the
President than the Senate would agree to, but both houses hastened to
dov^olve upon him the decision of the whole question of our treaty re-

THE FISHKRIKS IKKATY.

77

l.itions with Groat Ilritaiii, ami jj:avo him the discretion to t'inph)y all
iii'ct'ssary moans to put his docision in loroe.

'["his is tho hiw that Con;,aoss ona«!to«l to moot that a{:fj;ravato(l state
of alVairs, as doscrihod in the i-oport of tho Sonato oommittoci :

AN' ACT to«iitlu>ri/.e tlio rri'Hiili-nt iiftlio I'liltoil Stiitt-H to proU-tt nml dofimd llio rijjlits orAiiurl-
I'.iii ti-'liinK'VOMBi'l.'i, American llNlii>rini<ii, AiiuMican triulitiK itnil ntlitu' roHi4uls, In imrtiiin caHcs, and
r..r otlipr ptirpoKCii.

//( it niuvled by the Senate and Ifounc of Jlt^priHentatirea oJ',the United Statex of America
III t'oH(/r<«« usucmhleti, Thiit wlieiii-viT tlio rn-Nidoiit of the Unit««l States »haU be Hat-
>iii!(l that Aim«rU'an llHhiiig vcshcIh or American li.sht'niu'n, viHitin^ or beinjj in tlio
natcrs or at any portH or iilaccsoCthi' Ibitish iloniinions of North America, arc or then
.itily liavn 1m'»>ii (h>nic(l or ahridj^cd in tiic enjoyment of any ri^iits He»iireil to them
!•>• treaty or huv, or are or then hitely liave [been] unjustly vexed or IiarasHcd in the
.iijoyiuent of sncih rishts, or Knbjeetcd to unreasonable restrietioiiH, rejjulations, oi
ir(|iiirement8 in reNpeot of Huch rijjhts; or otherwise unjustly vexed or iiaraHsed in
-aid waters, jiorts, or i)hiees; <.r whenever the I'resiib-iit of tlie United States sliall bo
Mitislit'd tliat any Hiieh lishiiii^ vessels or fishermen, iiavinj; a j>ermit under the laws
if tlie United States tt» touch and trade ut any port or ports, place or places, in tlio
IliitiNh dominions of Nortli America, are or then lately have been denied the privilege
if entering such port or ports, place or places in the same manner and under the
s.uiio regulations as may exist therein applical>le to tra<liu^ vessels of tlie moat fa-
vored nation, or shall be anjustly vexed or harassed in respect thereof, or otherwise
111' unjustly vexed or harassed therein, or shall be prevt»nted from itiircliasing such
Mi[iiiliis as may there be lawfully st)ld to trading; vessels of tho most favored nation;
111- whenever the President of the United Slates shall be satisfied that any other ves-
-tls of the United States, their mastt-rs or crews, so arriving a' or being in such
liiiiisli waters or ports or places of the British dominions of North America, are or
i!uii lately liavi? been denied any of tho privileges therein accorded to the vessels,
tlicir masters or cnnvs, of ibe most favored nation, or unjustly vexed or harassed in
ii'si»'ct of the same, or unjustly vexed or harassed therein by the authorities thereof,
!ii>'ii, and in either or all of such cases, it shall be lawful, and it shall be the duty of

lie I'resident of the United States, in his discretion, by proclamation to that effect,
loiliiiy vessels, their masters and crews, of the British dominions of North America,
liiy entrance into the waters, ports, or places of. or within the United States (with
^u li exeeptiens in regard to vessels in distress, stress of weather, or needing supplies
H to the I'resident shall seem proper), wbetlier such vessels shall have come directly
iiiini said dominions on such destined voyage or by way of some port or }>lace in snch
''.t'stined voyage elsewhere : and also, to deny entry into any port or place of the
I'liited States of fresh lisb or >a!t fish or any otlnr product of said dominions, or
ii; her Koods coming from said dominions to the United States. The I'resident may,
in his discretion, apply sucli juoelaniation to any jiart or to all of the foregoing-named
Mil.itd'ts, and may revoke, (|ualify, limit, and renew such proclai «ation from time to
time as he may deem necessary to the full and just execution of the purposes of this
let. Kvery violation of any such proclamation, or any part thereof, is hereby de-

iared illegal, and all vessels and goods so coining or being within the waters, ports.

i'l

m

78

TIIK riSHKUIKS TKKATY.

or places of iho ruitctl Stnt«H contrary to hiicIi proolainntioii Nhiill bo foitVitod totlie
United Stutfs; niitl nucIi forlVitiiro hIihII Ito uiifurctMl und prorotMlud u|tnii in tln^ ruiim*
inanuer and with tlio Nainu clVect nn in thu ciwe of vnititolH or n»rn\n whomi iiu|)iiitii-
tion or loiidiif; t<» or ln'iii;j in tlii' wiittTs or jmrtH of ilir I'nitfd Htiitrs iMtntrury to law
iiii»y now lit" I'lironod and itrocccdt'd niioii. I'",v«'ry imtmoii wIki hIuiII violate anyot'tlic
proviNioim of thJH aet, or Hncli proclamation of the I'rehidont made in purHiuuHe
hereof, Hhall bo deemed K«>lUv *'f <* misdemeanor, and, on eonyictitin thereof, itliali lii>
pnniHhed by a line not oxeeedin^ one thonNanddollarn, or by imprisonment for a term
not exceeding; two yeari*, or by both Haiti pnniNhmentH, in the discretion of the court-
Approved, Mareh:), 1887.

Tins law rolatos to past ofton.stis as woll as to those that may luMciiftcr
occur. As to past oll'cnsos, Con;;iTss jibdicatcd its authority to doclaii'
that they i'onstitiittMl just j^roumls for retaliation, and left that iiiiittcr
solelj' to the discretion of the l'resi»lent or else Congress iMtciKk'd
that the President should have these powers to meet a case of cmei-
gency, and siiould also employ his constitutional power of niakinn[
treaties (which Con;;rcss could not control) as a part of " his discre-
tion" in proviilinj; i way throuj?h which the evils coinpluiued of should
be remedied.

The undersi<jned can not implite to Con<;resM that its purpose, in de-
volvinj; upon the Presi<lcnt these broad discretionary powers ami con-
ilitional duties, was to forbid, or to embarrass, the free exercise by him
of his constitutional i)ower to make treaties, with the advice and cou
sent of the Senate, or that these extraordinary powers were given liiin
to enable Congress to escape its just responsibility for measures that
were necessary for the protection of the honor of the country or the
interests of the peoi>le.

If the President had resorted to retaliatory measures against Ciina.
diau commerce, under this act of March 3, J 887, without haviiif; at
tempted any negotiation with (ireat Hriiain, the oi>en way that was in-
dicated by Mr. Seward's proctocol in 18G.5, to which we have referml,
iuid the favorable impression it made on the British Government, would
have been pointed out by an indignant people as an abandoned oppoi
tuuity for an amicable agreement with Great Britain, and he would
have been amenable to just censure.

But, aside from this, his duty to humanity, as well as to his country.
torbade him from exposing the interests and prosperity of 0.5,000,01)0 ot
people to danger, by hasty or extreme measures of retaliation, \vliil<! it
was possible to reach a just settlement of our disputes with Great
Britain over matters that concern only a few thousand peoi>le, who

Tin; nsiiKuiKH tkkaty.

79

would hi* more bouetUcd by 8iieU an ii);r(;oineiit tliaii they could he by
rctiiliatory linvs.

Tlie I'resiib'iit has Kiu'cciMU'd in niakiiij; i)rovisioii for u sctth'ineiit nf
tluvsu h)n^-.stan«liii^ disputes on terms that are just and reasonabU', ad
we are Hutisllod — u much better settlement than iias been even attempted
licretofore, and om^ that will increane, in the future, the liberality of
<M)iiMnen;e with ('anada.* < -

If the Senate shall dec line to ratify this treaty there will remain no
<loiibt that it assumes all the res|)onHibility for what may hereafter re-
salt from the pr<»i)er employment by the Tresidetit of the retaliatory
powers that Conjjress has conferred upon him.

If the proper use of those powers is consider eil by Great IJritain as a
violation of the treaty of 1818, in demanding; for our tlshermen ^jreater
liherties and privilejjes than that treaty st'cured to them, an<l that we
are en fore in jj that demand throu^jh commercial duress, the Senate will
also take whatever res])onsibility may belong to that situation.

Con^-ress dciilined to say in the act of March .1, 1887, that the rifjhts
of American fisheriueu had been deni» d or abrid<i;e«l, but left it to the
President to determine that (|uestion. If this treaty is rejected, it is be-
yond dispute that retaliatioi is the oidy means, short of war, by which
we can redress our wroujjs, if we have autfered any. The Senate, in re-
jtM'tin^ this treaty, will alUrin that such wronjjs exist, which Con^res.4
(lid not so assert, and, becaiise thereof, will force the President to pro-
<Iaiin non-intercourse. ,

VIT.

Tin: I'KOTOCOL TO TIIK TUEATV IS AN HOXOUAHLI-: AND rRIKXDLY OVER-
TURK OF TIIH BRITISH (JOVERNMENT, AND 8II0ULD BE ALLOWED
TO DEVELOP, BY ACTIAL EXI'ERIEXCE, WHETHER THIS TREATY
WILL BE BENEFICIAL TO OIHJ FISHERIES AND COMMERCE.

In view »)f a possible disagreement between the Semite and Presi-
tliMit as to the value of this treaty to our lishermen, the undersigned re-
spectfully call the attention of the Senate to the importance of postpou-
iiifif its consideration until the uext December session of Congress.

The protocol to the treaty, suggested and offered by the British pleui-
potent'ariea, tenders to our tishermen very liberal commercial privileges
in Canadian ports for two years.

This overture is equivalent, almost, to a guaranty that during this
period the British Government, in conjunction with the provincial gov-

V "I

m

80

TIIK IISIIKRIKS TKKATY.

eriMiuMit.H, will prevent tlio rtHMirreiinoof f ln> liitiTtVreiicoH with our lish-
ertiioii dliiit liiivo {;ivtMi tluMii hiicIi scriotiH <Iis(|iiiotii(h>. It will ulsoput
into prm!tic»', Mnl)st;intiully, all the provisions of the present treaty, ex-
cept those relating to tin* delimitation of tlshiii;; bonniiarius.

A single fishing; Neas(Mi, under su(;h (roinlitions, will demonstrate that
this treaty is a failure, or else that it is of great value to the country.

The advaiita*;e of hucIi e.vpcricncu is inani4'est, and wo shoidd not
rashly trust to our opinions, which must bo largely eonjectund, wIumi
we can fortify them or tlisprove their soundness by a slunt delay ii»
our action, which does not couuuit us, in the least degree, either for or
against the treaty.

The Hritish (Jovernment has exerted a restraining iuHuence diiriii;,'
the whole perit)d sintie ISIS over the provin«Mal governments as to tli«'ir
deiiiamls aid proceedings under that treaty. That (Joverniuent has
eiH'ouraged liberality in the conduct of the (isherruen and in coiumer-
cial interchange l>etween the United States and \\m provinces; seeing
that tlie prosperity t)f those countri»is greatly depemled on such a
policy.

It has not been an easy task to restrain the people of the itroviiiecs
to a course of moderation. Political reasons, not always favor-
able to the Crown, and the jealousies of rival interests in lishii)},'
rights hehl in coniinoii by tin* people of two countries, and even tiie
lingering hatreds engendere<l by our Itevolutioimr^ war, have becii
active in pronutting discord in these? cohinies. (Iroat IJritain never
before had so capital an interest in fostering the l()yalty of the ("aiia-
diaus. The Suez Canal is s<!arcely more iuiportant to the interests of
that Empire than the Canadian I'acillc Hail way.

lint other interestH of the most important chanuiter inspire tho
Uritish Government witi ;:n earnest purpose to cultivate the elostst
friendshii* with the peopi* of Canatla.

It is evidently tho true policy of tho IJritish Crovernujent to satislv
the peoi)leof these provinces that the treaty now before tho Senate will
be of advantage to them, because of the additional liberty of coniinerit^
thatit extends to our tlshermen ; ami this was doubtless a strong indiuii'
mont to that Government to offer voluntarily to ns the privileges stated
in tho protocol to tho treaty.

We have almost as great an interest in affording to our people the
opportunity of a practical test of the advantage of these i»rivik'ges
oiiered in this protocol.

In matters of such moment we can not juiitify a rejection of snch ii

THK KISIIKKIKS TRKATY.

81

|iro|io8ition, not rociuiriiij; our foniinl acct'ptanco to mako it available,
oil tlu' j;.'oiui(l that wo could not, without dishouor, ]»orniit Hin'h a <;our«o,
ri'siilliu;; iu sudi po.ssibh' advautajjrs to um, even foroiui llshiufjsea.sou,
1111(1 tlion iv.ifct tlio treaty.

Wo havo not iu any way iuvitod or KujrK*''*f*^«l ^''i.«< offer of the Hritish
(;i)v«'riunout,an«l wo aro not asked to aecept it. It proposes, for u time,
to liheralize the couiiuereial privile;j:es of «mr flshernieu in the provincial
ports, for reasons satisfactory to the Hritisli (loverniiient.

It" wo should hasten our action on this treaty with the purpose of pre-
vciitiuj; an etVort of tlru (lovernnieiit to satisfy Her Majesty's subjectH
ilmt a liberal policy towanls us is the best, or even of convinciu}? onr
ln'0[ile by experience that su<!h a policy is also best for us, wo wouhl
near ;:reater discredit by such action than «;ouId possibly attend our
ii'it'i'tion of the treaty, after a fair Mial of the IWitish exp«'dient i)re-
st'iited in this protocol hiul Hutistieil our peo]»lo that the treaty shouhl
not he ratilied.

m

VIII.

lili: IIKADI.AM) TiniOKY, AS Ari'LUAlSI.K TOTIFK 1?AVS, IIAKIJORS, AND
(KKKKS THAT AUK CLAIMKI) AS Tr,IM{ITOKIAf. WATF.KS, MAS NOT
HKKN AHANDOXKD HY TIIK IJltlTISII (JOVKRXMENT, EXCEPT IN THIS
rii'DATV. IT WAS A VITAL QUESTION WHEN THIS NEGOTIATION WAS

i;nteked upon. . r ?

It is insihted by some thatdreat IJritaiii had abaiidofcd the head-
laiid theory, and that it was obsolete when this treaty was made.

The under.ifjneddonot understaiul that thelJriti.sh headland thc^iy,

•* applied to the bays, harbors, and cnjeks that had {jfeo;j:rai)hical names
mil liiiiits, anil were incsluded by liritish or provincial laws within the
local jurisdictions in 181S, has been abandoned by (Jreat Britain.
Outside of a limit of li miles from the headlands of such indentations
of the sea coast it was abamloned as early as 1815, in the case of the
Aiiiorican lishinjjf vessels that were warned olf the coast by the IJritisli
iimii(»fwar Josfn'Hr,

Our claims could not be fairly predicated, diplomatically, on such an
itlinission l)y Great Britain as to the base-line from which the 3-mile
limit is to be measured.

That beinpf still an open question, the claims of either side were a
necessary feature in the negotiation of this treaty.

If our contention was indisputably jimt^ a perein{>tory demand for its
allowance was the only course we could adopt. Such a demand, we
S. Mis. 109 G

82

THE Fli^HKKIKS TKKATY,

belitno, has never Ueen foniially made by this (joveniiiienf. < 'onjjrcss
veitainly has never anhineil the indisjnitaUU* justiee iJt'»)nr ehiiiii. The
Unite<l States Iiave preferred to let this (juestion, with all the others that
have arisen nnder the treaty of 1.S18, continue in reach of discussion
und nejjotiation.

In that sitnaiiDii the present administration found this eontmvirsy.

Mr. 15ayard luopc^sed to the British Government that the 3inile fi.sh-
iuj» limit should be measuretl, in the bays that were 10 miles or less in
width, from that point nearest the entrance where the shores are lo
miles distant from each other. He found his sujiport for that oiler in
the arran<»ement between Clreat Britain and other ICnropean nations foi
lishin;; in the bays and harbors of their respective coasts along the
\orth Atlantic and the northern seas.

It beiii<f {jenerally conceded tlu,.t the limit of local jurisdiction ex
teuiled .{ miles from the coast out into the sea, and that this distante
was adapted because it measured the Fan<je of artillery in ancient times,
it is obvious that when the ran^e of artillery is extended to ."i miles :t
is due to the security of bays and harbors ieachin;^' iar inland thai
treaty arran;;ements livin^y a new measurement should have some ret
erence to the increased limits for the i)rotection of the people resiilinjr
alon^ such shores correspondin*? with the improvetl riin<je of artillery.

This offer njade no allusion to any headland theory that the Miitish
Government had ever asserted; still it was dire(;tly opposed to assep
lions of that theory which Great Britain had often inacie, and called
forth the followiujf " (d>servation from the 3I:ir(piis of y;disbnry upon
the proffer nnide by Mr. Bayard :"

A refereuct) to the action oi' (he iriii»<»l St.-itOH (ioveriuiu-iil, ami to the atliiiissiou
made liy thi'ir statcsinen in ri>;;iiril f t<»] b.i.v.i t>ii thn Amoricaii roa.siN, stivnjjllieiis this
view; ami th«' case of the Kii;;lish hliip Urange sliow.s that the (inverniiient of tlu'
I'nitetl StateH, ill ITlKl, elaimed Delaware Itay a* i)eiii}{ within teivitoiial waters.

Mr. liuyard coiitendtt that the ralo, which he asks to uavn aet up, wan adopted Iiy
the umpire of tho commitMion, appointed under the convention of 185H, in the case ol
the IJn'ted HtatcH lishing Hcliooner IVaahin'jton ; that It wuh by liim applied to the
Hay of Fitiidy, and that il is for thin reason appliealde to other Canadian bavh.

It iri. Hnhiiiitted, luMvevr, that as one of the head lands i>f the Hay of Kiimlvif<iii \he
territory <d" the I'nited .Stalof*, any rnl»?» of intern itioiial law appiieahlts to tbul bay
are not^ therefore o<|ually ttpplical)lo to other l>ayH the huadlundtfi of which ore imtli
within the territory of th« same power.

Thia proviMioo would involve a surrender of tishing rights whicii have always b«''''i
regarded an tho exclusive property of C iiiuda, ;ind would make eoiiim ni lisiiin):-
gronntU of the territorial waters which, liy the law of nationn, hiive lieen iiivai'ialil) ;
regarded hulU in (Jreat Hritain aud tho t'uited Htutes an belonging to the tt<U^'''""'

THE FISIIEUIKS TREATY.

83

country. In llic cane, for instance, of tho llaio des Chalenrs, a imenliarly wtWl-
inarktMl and ulr.iost lund-lockoil indontutiun of tlio Canadian coanf, the lU-tnilo limit
woiiltl lie drawn (roni points in thn licart of Canadian territory, and almost 70 niilen
froni tilt' natnral ontrancie or month of thti bay. Tiiis wonhl Im dinio in Hpito of the
\\iv\ that, both by inipi-r'al li'jjislation and by judicial iiit«'rpr(>tation, this bay has
been (U'clarod to form a part of the territory of Canada. (Sec Iinjierial 8tatnto, 14
,iiul 1.') Vi«;t., cj>p. i)\\; and Monatt v. McPhee, r, Sup. Court of Canada Reports, p. 66.)

»

I'rom this statemoiit of the liritish coMtcntion, it apijoars th.at the
hoadlaiid theory .vas still adhered to by that (Jovermuent in March,
1S87, but it was admitted thi'*; it had been relaxed a.s to the Bay of
Fiindy for special reasons.

Mr. Bayard's rejdy to the ''observations" of tlie Marquis of Salis-
bury, which is set forth on pages .VJ to (jO, inclusive, of Seiuito Execu-
tive I)o<!unu'nt No. 113, tirst session of Fiftieth Congress, refutes the
tbrce of those "ol)servations" by citing [)recedents furnished bj' the
conduct of the British (lovernnient in this nuitter, anil the decision of
tlio tiinnire iik the cases of the Washitujton and the Argun, m which he
wholly discarded the lieadland theory and nuide an award in favor of
the owner.

liiit these couiiter-statenients only served to show that tha headlaml
ilii'or^', in its api)lication to bay.s within the jurisdictional limits, was
still in controversy between the two (rovernments, atid that there was
little «lisj»osition on the part of the British Government lo yield, as there
u IS on our part to admit, Hie justice of that construction of the treaty
of l.Sl.S.

These contentions idado it necessary that a better understanding
slioidd be i'eaohe«l ; and if the two (loverntnents corld not accomi)lish
tins by negotiation, it was certain that increasing strife and broils be-
tween their people would seriously etulanger the commerce of each, and
would expo.se both countries to the peril of being driven into hostilities
by the designs of vicious men, or through the angry contentions of well-
iiu'aning persons,

IX.

THE CLOSE KELATION.s METWEEN THE PKOl'EE OF CANADA AM) THE
UNITEr .STATE.S IN THE U.-^E OF THE COMMON RIGHT OF FI.SHERY
MAKE IT IMPERATIVE TO REGULATE THEHt A.SSOCIATION RY FRIENDLY
AtiUKEMENT RATHER THAN liV RETALIATORY LAWS.

Mtittial atid amical)' agreen>ent between the twoGo»'ernments, clearly
understood and faithfully executed, is the only way in which the peopl«

■M

84

TUK FISHERIES TREATY.

I! !»■

of Xcwfouiidlaiul and Canad.i and of the l"^nited Stat«'s can ever
lieaoefnlly onjoy, in ccmmnn, the valuable rijrlits of fishery.

IJeciproeitx, in some form, is an element in every treaty made for tlie
settlement ol<inestions that are sincerely in<lisput(^ Ix'twt'cn indepeiideiit
IMiweis. In all of our treaties with (Ireat Britaiti, relatin;^: to the extra-
territorial rights, liberties, or i)rivile<»es of ea<di in the other's (Country
or Jurisdiction, r'*eiprocity has been conspicuously stated as a leading;
motive and purpose. The provisional treaty of peace of Xovembcr .'io,
17S2, sets out with this (b'claration:

Whereas it'ciinocal «(lvantaj;»'s unci luiittial oouvcnicnee are fomul by experience to
form Iho only i>eriiiaiu'iit lomnlatioii of lu-ai-e fniil frieiulHliip lietweeii Stales, it is
agreed to I'onii tin- Hrtules of tlie i)ioi>o>teil (r«uity on such i)rir.('ii)h's of lihenil (Mjiiity
ami reciprocity as that, ])artial advantages (tlioso Heeds of tlincord) being excluded.
unch a benelicial and sati.sfaetory inteivourae between the two countries may lie
estn'diNbed rh to proinine and Hccnre to both iierpctnal peace and harmony.

This declaration was repeated, in substance, in the detiniti\e treaty
of peace of September .'{, 178;3.

In both these treaties the rij;ht of fishery was defined as between the
]»eople of both countries, the United States expressly yielding some ot
the liberties they had enjoyed in common with the colonies that re-
mained subject to the llritish Crown on the coasts of Newfoundlfind as
as to curinjr and «lryin}» fish on that island.

The treaty of October 1*0, 1818, was made "to cement iho jjood tin-
ilerstandinj; which nappiiy exists between" the two Governments, in
that treaty we renounced our ri};ht of fishery on certain coasts, etc.,
but rejjained the rifjlit to cure an<l dry fish on a part of the southern
coasts of ^iewfoundlainl.

tTnder that treaty, which waa reciprocal, misnnderstandinjj aros'
to its meaninj;, and the reciprocity treaty of 18.jI wa.s made, in jn-
"to avoid further misunderstandinj; between their respective citizens
and sul)ject8 in regard to the extent of the right of fishinjr on thecoasts
of J'.ritish North America secured by Article I of the Coavention" ot
1818, antl "to regulate the commerce and navigation between tlitirn'

spective territories and people ''

The extensive recijtrocity of this treaty continuetl for twelve ye

u>.

At its termination bv the I'nited States the " misunderstant.idjjs'

under the treaty of 1818 again tirose, when that convention im-<
then, ad it is n«>w, the measure of «uu treaty rights.

me

The treaty of 1871 was made so asi "to provide tor an aiiii»'ahleset-

THE FISHERIES TREATY.

85

can ever

tlomont of catisoH of dift'eionee between the two countries," and arbi-
tration and reciprocity pervaded every one of its forty-three articles.

Ill all the wide range of onr treaty cngagenients with the treaty i)Ow-
ers of the world there is scarcely one that does not contain some niu-
tiiiil advanta{;e or reciprocal i'oncession, and they cover every subjeci;
that has been sn^rgeste*!, in the experience of mankind, as being fit or
<()iivenient to be settled by international agreement rather than to be
left nnder the control or security that might be afforded by the laws
t'liacied by the respective countries, which they c»)uld alter or rei)eal
at pleasure.

Now we are again ri litted to the field of "niif- understanding," "in
rc^anl to the extent of the right of fishing on the coasts of British
Murth America," with an increased number of cases of seizures and in-
torfcrences with our fishermen growing out of those disi)utes, and the
•luostion is, whether we shall abandon all efforts to remove these mis-
iiiiilorstandings by further agreements, or shall we treat every claim we
make as a nine qua tion, and its refusal an ultimatum^ and resort, as the
first expedient, to retaliatory legislation to enforce it. That failing,
shall we stop ami abandon the claini, or prepare for its supi)ort by
coercive measures!

Iletaliation may secure just d(sding between nations whose interests
arc entirely tlistinct and separate; but that is not our situation toward
the people or the governments of (^anada or Newfouuilland.

rm: character ani) vami: of tiii: fi.shhkies ox the coAvSr of

I.AHUAMOR AM) THE HANKS OF NEWFOUNDLAND, AND THE INCREAS-
INU DEMAND FOR FOOD-FISHES TO SUPPLY THE WANTS OF THE
I'KOPLE.

The inshore fishing along the coasts of Labrador arc the best we
have in theUulf of St. Lawrence, while that along the southern and
western shores of Newfoun«lland is far better than any along the
coasts of Nova St^otia or New Brunswick.

Our plenipotentiaries who negotiated the treaty of 181S mention these
facts to show that we lost nothing of value when we gave up the in-
shore fisheries of Nova Scotia, and gained much advantage by having
accef.s to the shores of Labrador, as will hereafter appear in this report.

•Ml-. Sabine, in his report to the Secretary of the Treasury, in 1852,
gives a very interesting account of the fisheries on th& northeasteru

86

THK FISIFEHIKS TREATY.

coast, iVoin which wo iniike the loMowin;; oxtnu'ts. found in Senate Ex.
Dix'.. 2'.*, second session Thirty-second Congress

An acrounf of tho (ishiii^j-pioniuls bas beon reserved for tbe eoncliiKion. Of thosn
near our eitics, and visited f<)r tbo purnose of siijtplyinj; our markets witli lish to Up
consiuned frcsb, it is unnect-Hsary to Hpoak. Tliose witbiu tb« limits of Hritisli
Aineriea, and nccured to us by treaty, im well a« thoic on t!id d<i»t«iu cuiMta of Slaiiie,
are Iphs ponorally known and may properly claim attention. Of the distant, Ncw-
fonndlantl is the oldest. That vessels frvm Hoston tislied thorc as early as the year
lfi4.'> is a fact preserved in the Jonrnal of fJovoriior Wiiithr«)p. The ";;reat hiink,"
v.hich has been so l<)nK resorted to, is said to bo alioiit 'JUO niilos broad and nearly Oill)
miles lonjj. In K'des the sea is very hi^h, and dense fo);s arc prevalent. The watt'i
is from 2r> to 1)5 fathoms deep. Tho ed^jes of the liank are abrupt and eoniposisd of
ronjjh rooks. The best tishinjj-gronndsare between the latitndesof 42° and 4(i- north.
The " bankers," as the vessids employed there are called, anchor in tho open soa, at a
>;reat distance from the land, and pnrsne their ha/sirdoiis and lonely employment, ex-
jiosed to jieriis hardly known elsewhere. The lish are caught with hooks .ind lines,
and (the operation.- of splitting an<l dressing jurtorined) are sjilteil in bulk in the
hold, from day today, nntil the cargo is completed. The bank fish are larger than
those taken on tho sho^ps of Newfoundland, but are not often st» well cnred. Tho first
American vessel which was tittcd lor tho Labrador tiahery sailed from Newbnryport
toward tho close of the lust century. The business, once undertaken, was imrsucd
with great energy, and several bundled vessels wer«! engaged in it iinnually previous
to the war of 1^1"2. A voyage to Labrador, nnlike a lrii» to the Ihinks of Newfoiuiil-
land, is not withoirt pleasant incidents, even to !andstnen, Tho coiutt is freiincntal
for a distance of 10 or 1 J degrees of latitnde. It has lieen preferred to any other
on account of its security and a general certainty of attording a supply of fi8ic
Arriving in some harbor early in .June, an American vesstd is moored and remains
qnielly at ar.chor until a full " fare." has been obtained, or until the departure of tho
tish rc<inires the master to seek another inlet.

The fishing is done entirely in boats, and the number usually emploj'ed is one fur
about 30 tons of the vessel's register. Here, under tlu- management of an experi-
enced and skillful nrist«r, everything may be rendere«l systunuitic and regular. As
soon as the vessel has been secured by the necessary anchors, her sails and lis?ht
rigging are stowed away, her decks cleared, her bti.its littetl, ami a day or two speut
in fiiwling and sailing, under color of exploring the surrounding waters and lixiiijj
upon proper stations for the boats, and the master announces to his crew that they
must try their luck with tbe hook and line. Each boat has now assigned to it a
skipper or master, and one man. At the time designated, the master departs with his
boats, to test the qualities of his men, and to marl: out for them a course for their
future procedure.

yotbing: could be more injurious to men, who are brought into snoli
intimate association by their conunon riglit of llshinj; on those distant
shores, than a policy* of their j^overnuients which wouhl canso liic-iii to
?nake reprisals, the stronger against the weaker.

Hon. Robert J. Walker, whose ability as a statesman is nowhere

Tin: FISllKIUKS THKATY.

87

seriously viucstiouod, in ji letter to .Mr. Seward, Secretary of State,
(luted April 24, ISOS, thus describes the value of the fusheries as sources
of food supply. He says:

I'liit HiiTO are other most important consiile—*" ...i connected with estended coasta
iii'l f^ri'iit fisheries. The fisherieH are capaMc of furnishing more a^^d cheaper food
ihau the land.

Till' rea.sonrt are —

, 1 ! The ocean surface is nearly lour t iinis that of the land, the area being 1-15,000,000
Mliiuro miles of ocean surface to 5.;,00(»,000 of land.

{•i) The ocean everywhere produces fish, from the criualiir to the polo, the profu-
>iou of submarine animals iiiereasing na you go north up to a point hut 433 miles
iioiu the polo antl believed to extend there, whereas, in consequence of nionntaiuH.
Ii'serts, and the temperature of the surface of the earth in very hij^h latitudes less
liaii Italf its surface can be cultivated so aa to i)roduce food in any appreciable quan-
;ilio8.

(15) The temptrafuro of tiie ocean, in high latitudes, being much warmer than
■ ;:u iif the land surface, there is increased profusion of submarine animal life, cspe-
. iidly iu the Arctic ami Atlantic 8eas, where, on account of extreme cold, the l.ind
virfaco jirodiues no fool. In warm latitudes the deep-sva temperature diminishes
vitli the depth, until ji certain point, below which it maintains an equable tempera-
•iire of-lO'^ Fahrenheit. The te nperatnre of the ocean in latitude 70 (many degrees
wurnier thau the land surface) is the same iu all depths. There are wonderful pro-
visions for the mnltiplieatiou of animal life in the ocean, and it moderates both heat
ami cold. These are additional reasons in favor of the existence of a Polar Sea, filled
v.itii a far greatci jirofusiou of submarine animal life than ;u\y other seas, and, as a
iiiixcciuence, pos,scssing far the best lisherii's. Indeed, as lish i)rogross northward, on
uconiit of the better ocean temperature there, as also, becan.se the marine food there
iiinore abundiMit, there can be little doubt that the open Polar Sea will furnish (ish-
I ries of incredible value.

( n The ocean prodneea food in nil latitudes for the support of animal subntarino
:t'c. Tiu'se are sipiid (the jiririeipal food of the whale), also abundance of nutritious
■a grasses, etc., upon which the li.sli feed. IJosides, as the earth is more and more
tiltivated, and farms, as well as towns and cities, drained by creeks and rivers to
lie se.is, the submarine food is correspondinglj' augments!. Even in mid-ocenn the
I'lidsphorescence observed there Is prtnluce I by the presence in the waier of myriads
' i' living animals.

'') Whilst the earth prodnees food by jilowing its surface only a few inches deep,
!li<' ocean supplies niyria<lH of lish, tier on tier, thousands of fathoms deep. Thus,
the registered lake of herrings in the Sco;ch fisheries, in 18GI, was 900,000,000,
whilst tlat of Norway, in the latitude of Icelaiwl and Greenland, was far greater.

IVrhapt, however, the main reason why the ocean prodiiepsso much more food for
iiau than iho land is, that whilst land animals only givo birth to one or two of their

"iiiii; at 1) time, some fish prodncii millions of ova, to be matured into life. Thus, a
ii'inale eo('. lias been found to contain 3,400,000 ova : ami other tish ova varying from
'*|'vi'ral millions to :U),tK»0. lleireo, the vast success attending the increased produc-
tion offish by transfer, by sowing the spawn, and other methods know to ichthyology.

I

88

THK FISIIEKIK.S TKEATY.

Nothiiifj could more certainly lessen the food sii|)i)ly of the i)eople.
whicli, after all, is tlie basis of all human pro^^fress, than to proiuotc
strife anioiifjst lisherinen visiting; the same waters. A pxilicy that leads
to such a result is an injustice to the human family.

No wealth, national or personal, can bo jiistly eaiMU'd when it comes
from (liminishin;jc the supply- of human food.

With ;.ll our vast excess of cereals and of animal food we still need
all the tish we can gather from the oceans and seas fortlie comfort ami
economy of livin^r, especially amonj; the industrial classes of our rap
idly increusin;; population. The Atlantic and Tacilic lisheries rank in
importance alonj; with the jiroduction of beef, mutton, and pork as ji
source of food supply, ami as a competitive element in the footl markets
even of this abuiulant country.

Our fishing rights and liberties along the coasts of Labrador and
NewfouTulland, as lixed by the treaty of 1818, aie rights to l)e enjoyed
ill common with the Hritish people, and are such as no other nation
has. They are partnership rights, in the intimate character of the as
sociation, in their labors and j)rivileges, of our lishermen with theirs.
No two nations were ever drawn into a closer relationshij), or one in
which good-will and mutual forbearance were more essential to the
profitable pursuit of a great industry, than that establishetl between us
by the joint struggles of the colonies, conrirnied by the treaty of 1783.
and renewed, as to ports of Labrador and Newfoundland, almost with-
out restriction, b^' the treaty of ISIS.

As to this, by far the most essential i)art of the rights reserved to
us in that treaty, we can no more preserve and enjoy its value to us,
under the i>lan of reprisals, through retaliatory laws, upon Ibiti.sli
commerce, than copartners can ])romote their joint business interests
by each one attemi)ting constantly to destroy the value of the other
partner's share in the venture.

Our vessels and theirs are anchored side by^ side in the bays, or
follow the same schools of fish, and capture them wherever they are
found along these coasts. One tishcrnian entices the fish around Ins
vessel with bait an<l another comes in and takes what he can with
his lines or nets, just as if the whole business was a copartnersh!;;.

If these vessels belong to countries that are arrayed in coniinerciid
hostility based u^ion retaliatory laws and ready to break out, uih'H
slight i)rovocation, into a war, their friendly association will be ii»'
possible.

TIIK FISIIF-.KIKS TREATY.

89

1 it uoiueo

XI.

TilK l.'bi: OF FLEHTS TO INTEKPKET A TREATY.

Under the ini.siiii(loist!iiuliu;!;s of the past we have on both sides
sent rieets to those waters to protect our lisliormen against each other,
and a^jainst the unfriendly conduet of the h)cal governinents; fleets to
enforce agreements that the governments concerned could not expound
l»y a mutual understanding.

If these (juestions are left oi)eii, and comnjercial war is inaugurated
tlirotigh measures of retaliation, how many ships and guns is it sup-
posed will he needed to keep the peace between our lishermen on the
coasts of Labrador and Xewfoundhuu' .'

The danger in this direction does not come Irom the desire of either
(lovernment to promote a war, but from their inability to prevent its
initiation through the i)ersonal hostilities of men associated in the use
of common rights and privileges, ami stimulated by rivalries which are
♦ lu'ouragi'd by laws of retaliation enacted by their respective (iovern-
inents.

These are some of the dangers againsi which this treaty wisely makes
safe provision.

XII.

THE AREA YIELDED HV THE DELIMITATION.S (»F THIS TRFATY, AS COM-
PARED WITH THOSE YIELDED BY THE BRITISH GOVERNMENT ON
THEIR COXSTRUCTIOX OF THE LIMITS OF OUR "RENUNCIATION" UN-
DER THE TREATY OF IHld.

It is alleged by some that this treaty yields to the IJritish Crovern-
iiicnt r»0,(H)0 s(piare miles of exclusive lishing-grounds beyond what we
yielded in the treaty of ISIS.

Taking the (!ontention of the United States that no headland theory
is to be found in the treaty of 1S18, and that thec.vclusive fishing limit
is a line 3 miles from the shore, at low water, that enters all harbors,
bays, and creeks that are more than 0 miles wide at the entrance, and
follows the sinuosities of the coast thereof, this estimate of the area
surrendered in this treaty is greatly exaggerated.

This is the narrowest limit to which we have confined our renuncia-
tion in the treaty of 1S18, of the c( .nmon right of fishery, in our con-
tentions with Great Britain.

90

THE FlJJlIKKIKS TKKATY.

The total aiva as to which worenouiuvNl thoeoimnon rijjht of li.shiii;^,
according,' to thi.s oonstniction of that treaty, is l(J,H;i nautical sriuaiv
inilcH.

The additional area of renunciation under the delimitations of tlic
jjvoposed tresfv, now before the Henate, is 1,127 square miles, hein;;
♦^lu I'^T cent, addition to the former area of exclusion.

The total area of bays, creeks, and harbors not njore than 0 miUs
wide at their niojiths is about (i,r)9!» squari' miles, ami is included in
the above-mentioned measurement of 10, tl't square miles.

The Uritish claim as the trtie construction of the ajjreemeiit in the
treaty of ISIS, that it fixed the line within which we renounced the
c(»mmon rijjht of tishery at the distance, nu'asured seaward, of A miles
from the entrance of oil bays, harbors, and creeks of His ^lajesty's
dominions. This would add an area of 3AS\) square miles to the ex-
clusive fishing {irounds claimed by the Jiritish (Jovernment, while the
area in which we have renonncetl the eonnnon rijjht of Jishit»;j in those
bays, harbors, and creeks under the proposed treaty now before the
Senate is 1,127 square miles.

Thus, under the Uritish (contention that Government yields, in this
treaty, 3,489 square miles of excdusive fishing waters to the i)e()i)lo of
the United States as a common fishery, and we yield 1,127 scpiare miles
to the Uritish Government as exclusive fishing waters, which we now
claim to enjoy with the j as a common fishery under our construction
of the treaty of ISIS, whicrh they refjise to admit.

They yield more than two-thirds of their claim to us, and we yield
less than one-third of our claim to them, for the sake of settling forever
a dispute that has lasted for seventy years, and has l)een in every way
a costly and disturbing contention to onr peo[)le. (S"e otlicial state-
ment from the Coast Survey, marked 1>.)

If these dispute<l areas were the richest fisheries in the world, the
settlement of our respective rights in them, as arranged in the treaty
now before the Senate, should be welcomed by the American people
with entire satisfaction.

When we know, from the examination and report of the Senate Com-
uiittee on Foreign Relations, that this disputed area is of no real ad-
vantage to onr fishermen, and that this statement is supported l>.v
conclusive evidence, fnrnishe<l by the Halifax Commission, and by Pro-
fessor Uaird, our former Commissioner of Fisheries, no gn)und seeniH to
be left for the contention of those who oppose this settlement.

THE FISHERIES TREATY.

91

xrrr.

Tin: VIEWS OF the i'iiesident of Tin: united states as to the

I'lMtrEU EXEC'l'TION <)F THE ACT OF CONGUESS OF MAIiC'H H, 1S87,
ol'I'OSED TO THOSE OF THE CAPITALISTS WHO CONTROL OUR FISH-
ING INDUSTRY AND REAP THE (HtEATEST ADVANTAGES FROM THEM.

Tlie prcsidi'iit of the AmPiican Fishery Union, in 18S7, l)ron;;lit the
subjoct of retaliation to the attention of the rresidcut of the United
States, and insisted that it should be applied only to the exclusion of
r.ritish-Ameriean fishinf; i)rod(icts from the markets of tln^ United
States. To tliat denjand the President of the United States replied a»
follows :

• EXKCCTIVE MaNSIOX,

jranhhigtou, D. C, Jj^il 7, 18:^7.

(Ji:xtm:mk.\: I li.ivo received your li'ttor liitoly ii'Mressoil to m«, niul have given

'ill coiisitNM'atKm to th<> f'X[>rcs.si(Mi cf t;i<! vit-ws asul wisliea thcrfiii cotitrisied in

rliition to t)me.\ij*liii';ilifferfnco8 li«t\vceii the (lovrrniucnt of Great liiifaiii anil the

iiiiti'd States growing out of the rcfn.sal to award to onr citizens engaged in fi.shiiig

• iittTpriHCH the privileges to which they are entitled either nnder treaty atiinilations

r the gnarantioH of international comity and neighborly concession. I sincerely

iiiHt the apprebensio!! yon ex|)resH of r.njn.Ht and nnfri»*ndly trciitnient of Anicriean

;>li('riiien lawt'nlly fonnil in Canadian waters will not he realized; but if such ap-

it'iit'ii.sion whonld prove to he well founded, I ear.ieslly liope thut uo fault or inoon-

-iilorato action of any of onr citizens will in the least wcak(Mi the just position of onr

linverunient, or deprive ns of the universal synipathy and support to which we should

lie entitled.

The aition of this administration since Jinie, Hi'), when the fishery articles of the
;ri:ity of l"^7l were tcrniiuattHl nlul(^r tlie notification which had two years before
iurn given hy our (ioverinnent, has been fully disclosed hy the correspondence be-
twwen the representatives and the api»roj»riato departments of the respective Gov-
■riinionts, .with which I am apprised hy your letter you are entirely familiar. An
"Ciiiuination of this correspondence has doubtless satislied yon that in no case have
!lii' iij;lits or privileges of Aini'riitan lishcrnu'ii Itceii overlooked or neglected, but
'!iat, on the contrary, they have been sedulously iusisti-d upon an<l cared for by every
imaiis within the control of the executive branch of the Government.
Tlieact of Congress approved March ',\, I.S87, anthori/ing a course of retaliation,
■ifoagh oxeontivo action, in the event of a continuance on the i>art of the British-
Viiunio.in authorities of unfriendly conduct and treaty violations atfecting American
I •slicrnicn, has devolved upon the Pn-.^ulent of tlie United States exceediiigl.\ grave
iiid solemn responsibilities, comprehending higlily important conseciuences to onr
mtioual character and dignity, and involving extremely valuable commercial inter-
lonrsi) between the British posseasions in North .America and the people of the United
''tates.

I

m

t

it

92

THE FIS1IEKIK8 TREATY.

I iinilorHfaiiil tlii' main pnrposo of yimr U'lfcr is to Nij^^cst tliif. in i-usf ivconrto tn
tin* ivtiUintoiy ini>;i«iir«>H aiitliorizcil liy this not Nliouitl Iti* iuvittMl liy iiiijiist troatiiiBiit
of our ti«li«>nnt'ii in tiio fiitiirc, tiii* i>l>i<"ft of mii'li n-tiklitition iiiij^lit lin I'lilly hcimiih-
plislitnl by " ]ini)iil>itin;; (.'itim<Uaii-i':iuji;lit tUh t'roiii <mi try into tlic portiiof th<> I'liited

StfttfH."

Tlie oxistin^ t'ontrovt-rHy in one in wliicli two nations aro tlio pnrtit's comiiinil.
Till' retaliation fontoniiilat<Ml I)y llu' ai't of L'oiiirn'ss is to lie (Mitorcotl, not to [irntti;
H<)l»>ly any piirtirnlar inton-st, however nnTitorioiis or valniiblf, but to maintain tii.
national honor, ami thus prott'ct all our lu-opli'. In thin view tim violation of Aimri
<'au li»ht>ry rijilitn nn<l nnjiiHt or unfriendly actn towanln u portion of our citi/ciiH cii
};agt'<l in tluH biiHincsfi in bnt theoocaHJon for action, ami cotiHtitntcH a national altront
which jjiv«'H birth to or may juHtify retaliation. Tliin nioaHiiro onoo reHorted to, ii.
oft'fctivcni'ss ami valm- may well dopt'ml npon tho thoioii^jlim'ss and t-xtent of it^
a])plicatioM ; and in tho pcrfornianco of international duties, the onforccnuMit ol in
teniational ri>;hls, and tin; |>roteetion of our citizens, tluMCJovernmont and the pcoiil,'
of the United states must a- t as a unit, all intent upon attaining the best ronult ol
retaliation upon the biu^iit of n niaintenaneo uf national honor and duty.

The nation Heekin^ by any means to maintain its honor, dignity, and iiite;<;iity, i^
engaged in proteetinn the rights of the jieople ; and if, in Mueh eflbrts, j)arti<iii;ir in
teresls are- injured and Mpeeial advanta^jes forfeited, these things should tie patridiii
alily borne for the jinldic good. \n immense volumes of popnlal ion, nnmufactuies mi!
agricultural produetions, and the marine t(ninag(< and railways to whieh thoHcliavi'
given activity, all largely the result <d" intereourse between the I'liifed .States am!
British America, and the natural growth of u full half century of good :ieiglilM)i]H)(Hl
and friemlly communication, form an aggregate of matirial wealth and inciiliuta!
relation of most imjiressive magnituilo. I fully appreciate these things, ami am imi
unmindful of the great number of our people who are concerned in hucIi va.st am!
diversified intercHts.

In the i)erf<irm:iuce of the seriouH duty whicli CongresH has imponed npon nie, uii 1
ill the exercise, upon just occasion, of the power conferred under the act referred Vk
I shall deem myself bound to intlict no unnecessary <laniago or injury upon any por
tion of our peoi»le ; but I shall, nevertliele.ss, be uiilliiichingly guided by a sense ni
what the .self-respect and dignity of the nation dcniaml. In the maintenance of tlu'M'
ami in the Huppurt of the honor of the Government, beneath which every citi/eii may
repose in safety, no sacrilico of personal or private interests shall l»e cousidereil as
against the general welfare.
Yours, very ' , nlv,

0 HOVER C'l-KVI!L.\xr>.

Grorok Stkklk,

President American Fishery Union, and ofhmn,

(lloucester, Man*.

From thi.»< letter, to which the minority of the coiuinittee refer with
great satisfactioti, as a correct exi)3sitioii of the duties that Coii},ness
has iiui)Oseil upou the Presitleiit in theetiforcemeiitofoiir hiws of retal-
iation, it will be seen that the present ailininistration will treat tbis

THE FISIIKKIKS TRKATV.

93

II.KVELANTi.

siilt.i«'ct ill tlio Siiiiui s(Mi.s« that Coiij^ress lias troatcMl it, as a que.stioii of
national concern, and not as a means of |>roinotin<j^ tho pecuniary inter-
ists of those who control and derive the chief Wenelit of otir lisheries,
siu'li as tlie owners and outfitters of lishinjj (U'ets, and warehousemen
and those en;ja fifed in saltin^r, «lrvin;;, and cannin;; fish for the interior
iiiarkefs.

Tlu' hardy fishermen of tin* ITnited .States will, we believe, also he
protected in the administration (»f our retaliatory laws, and other similar
statutes, uf^ainst the common practice that spe<!ulators in tho fishing
iiiihistry now ri'sort to of placing; their vessels in charge of captains
and crews imported from Canada, because they can underbid our tisb-
criiuMi in the matter of wages.

Tliis i)ractice is a far more serious injury to our fishermen and to the
IH'ople of tho United States than would come from yielding twice tho

area of fishing waters that are yielded by tho delimitations of this
nraty, even if they were goo«l lishiug waters. It has already compelled
many of our best fishermen to witlulraw from th s, and to .,v.'ek a living
in oilier pursuits. .. , ■ , .

XTV.

Tin: QUKSTIOX Ol-^ TffK HinTISH HEADLAND TIIKOIJV, AS TO SMALLER
ItAVS AND IIAKI50RS ALONCJ THE COASTS, AND THE LLNffTS OF OUU
KFATNCIATIOX OF THE KKiHTS OF FISHING, AND THE NATURE OF
THE RESTRICTIONS FI'ON THE RKJHTS OF OCR FISHERMEN TO
1:NTER THE HAYS AND HARI5ORS0F 15R1TISH NC RTH AMERICA, ARE
MATTERS OF DISPUTED RIGHT. ADMISSIONS MADE HERETOFORE BY
AMERICAN DIPLOMA riSTS, AS TO THE DIFFICULTY OF CONSTRUING,
lilJAMMATICALLV, THE TEXT OF THE TREATY OF 18lf<, GIVE C(^LOR TO
THE IJRITKSH CONSTRUCTION, AND PROVE, AT LEAST, ITS SINCERITY.

It is boldly asserted, in opposition to this treaty, that there is no sort
iiftMpuvalent for the l,ll!7 square miles of fishing waters that we con-
"odebythi^ fixed lines of delimitation in this treaty. This assertion
niipcaches ootli the right of the IJritish (fovernment and the sincerity
«»f its claim of the headland theory, as it applies to bays more than G
miles wide at the entrance. Nevertheless that assertion is much weak-
tacd by tho otlicial opinions of eminent American publicists, commuiii-
• ated to the British (lovernment.

If the territorial claims of both (iovernments were sincerely asserted,
as we believe they were, in reference to tho fishing waters, the modifl-
eatiou of them by mutual consent has always been held in the conduct

ID

«
J

*J4

THK n8Hi:i{IE8 TREATY.

Hi
Us

of iiiUioris us a ;;o(nl tMiuivuloiU, moving from iMch to tin; other, for the
ooiieeM.sioiiM iiiutiially nuulc. Tlii.s doctriiio is uIho applied by the courts
an lu'tweeii iiiiUviiluals to support ajjieemeiits hasetl on theetuisijlcration
of .yielding or Nettliii;; (lispute«l cliiitns.

In contrast with theass(>rtioiiof the iitt4>r want, of reason in the elaiins
of Great Jiritain, based on the headland theory, we find many stroii;,'
«leclarations of our (lovernment. Mr. Monror, Secretary of State, on
Deeendier 'M, ISKJ, admitted that a discnssi«>n of riiflits shoiiM !»<•
avoided when mutual romrsHiiniH trvrc inressari/ ta hiin'i the trcdtiipoircrs
ion mntiml ttfirecmrnf. lie said to Mr. iSapit :

In provitlitiK for tlio Hccoiiunoilation of tlio citi/.eiiNof tliti Unit(>«l Stiitrit (■ii;;iij;i>(! in
tbt" liHlifi'icN nil the coastM of Hit* Hritaiiiiii- Miijcsty'H roIoiiiiH on cotDlitidiis advniita-
ficoMH to liittli nartit'N, I oomur in tln> stMitiniont tliat it is <U>Niral>l«< to avoid atliNiiis
«ion of tluir rtupcclire ti'jht», and to procKt-d, in a npirit of conciliation, to exuiiiinr
what ainiHijement witl be adninnte to thv ohjrct. TIik discnHNion which htt» already taken
place botwern our Oovornnu'ntHhas, it in presnnnsl, vlaceti the chiim of each itart'j in a
jutt Ihjht.

Our claim then was that we had a common ri;;htof fishery, on all tlic
coast!*, with the people of the iWitish North American Tossessions.

The Hritish (Jovernment then claimed that the war '»»" 1S12-'1.") had
destroy. 'd all <)ur claims in such fisheries. On the lIHt 'y, ISIS, Mr.
Adams, Secretary of Stat<', instructed Mr. (lallatin *...v. .\rr. Iiusli iis
follows:

The President antlntrizcH yon to a^reo to au nrtiolu whereby the United States will
<le8iHt Ironi the liberty of ti.«(hin^, and c-nrinj;, and dryinj^ li.sli iri//ti» Ihe /<» iViiA jiofi-
dir''.0H tjeHiralUj, npon ctnnlition that it Nliali bo Hcenreil as a jiernianent ri;;lit, nut
liabbt to bo impaired by any fntnro war, /row Vupe Hay In Hamca Islitnilx, and jrum
Mount Joli, on the Salvador count, through theitrailH of Hell e Inle, indefinileltj north, alo»ii
the coa»t; the rit;ht to extend as well to cnriuj{ and drying the lUh ns to tisiiiiij;.

This instruction was (tertainly much more liberal to the subjects nt
Great IJritain than the first article of the treaty that was mademidcrit.
But the instruction stated the demand of the United States, and tlie
British have a ri^ht to ar^ue, at least, that the treaty was inteiidetl to
conform to it as to the i)rinciples involved in it.

Ciainiinjj absolutely the ri;;ht to enjoy these fisheries in coinnioii with
the Canadians, anil basin;^ otir claim ui)on the highest consideralioiisof
justice, w'o were njet with the counter-claim of Great Britain, that nil
our fishing ri^jhts in Canadian waters were granted to us by the treaty
of 178.3, and that that treaty had been abrogated by war. In thisdis
pute, which was vital, we found ho much reason for alt adjustment, that

TIIK FIMIKUIKS TKKATY.

9")

oiirplt'iiipott'iitiiuit'soirorotl toCiroiit Ilrifiiiii tlii' surrnnlorof onrrixlitM
to llic oxU'iil tlu'.v wt'io roMonncctl in tlio trouty ol' ISlS.
Our nh'iiip«»t('iitiiiiie.«*, in expl'iiiiiii^ tin* tn'iily to (»iir (io\«'nitiient,

siiy :

It will nUo Im pcn'rivt'il tli;it \vt« iiiHiHli"! on tln« clansi' liy vvliiih tlif I'liitcd Statt'n
ii'iioimi-e thfir rij;)it to Hi<< tUluM'ii'H r<>liiii|iiii4li(>il liy tlu'convfutimi, that rlanst- lii-inj^
iiinittcd ill tliu lirnt Drilish ciuinter-iirnjoot.

We insii tml on it witli llio view: (1) Of jiicvi'utiu); iiiiy implicutiiin tliut tli«« CihIi-
irivN M'ciiri'd to iiH \von< a tn'W ^laiit ami of plnciii^ thn pfriiiaiivnce of tlio rightH
siTiin'il uihI of tli<m«« ri'iionnioil jiri'ciwly on tlio Naiiio footiiiix; C-i) of itH l>t'iim e.\-
]ir«f<N!y Hf;it»'<l IIkiI our iriiiiin'idlion t'X'fiiilfil only to tin* distiinfo of lime ihiirs /row
the ('(lanli.

The ri'jisoiis tliry assi^jiu'd for tlu5 iinportanco of this point briny; into
serious donUt tli« qut'si ion \vlii'tlu»r this ronunoiation extcndetl to the
ocean coasts, oi' the coasts of the bays. They are as follows:

This laHt point wan tlm ii»oi«' inii>ortuiit, as, with tliu t'xcri'ptioii ol" tliu iisshcry in
ojirn boitia ivilliin iiirtuiii li"rhofn, \l a|ip<«aiiMl fioii: iho (•oininuiiitutioiii ahovL' uit'ii-
tiouM, that the Jlsliing-yroiind on llie irliolf count of Xova Scotia in more than thnr miles
from the nhoret; whiltt, on tlio contv vry, it »'» almost univermllg clone to the shore on the
roiint$ of Lnhniilor, It ii in that point of V' that the privilcije of enteriuij the porta for
xhiltrr in imrful, and it is h(>|H>d that, wit'i I hat jii'KVision, a roiiHidtrahIc porliini of the
(irliial ftshcriiH ov iuat COAST (of Nova Sfolia) in/', iiolHilhntnndiiiy Ihr reinniiini'oii,
'If prfKcrrrd.

Ill view of tliese declarations of our plenipotetitiaries, who iK'j;otiatetl
the treaty of ISLS, no censure can be due to Daniel Webster for having
cNpressetl the opinion, in what is termed his ''proclamation" tooiir lish-
crmen, that ''it vvonhl appear that, by a strict and ri{;id (construction of
this article" (of the treaty of 1.S18), '' lishing vessels of the United {States
are precluded from entering into the bays," etc., and that " it was un-
iltMilitt'dly an oversight in the convention of ISIS to make so largo a
citiicession to I'Inglaiid, sitice the United States had usually considered
that these vast itdets or recesses of the ocean ought to be open to Amer-
u-aii lishermen, as free as the sea itself, to within three miles of the
^liore."

It was not until March, 184."), that the Bay of Fundy was declared
open to our tisheries bj' the liritisli (Jovernment, ou condition '■Uhat
fhcy do not approath, except in cases specified in the treaty o/lSlS, irithin
three miles of the entrance of any hay on the coast of Nova Scotia, or
New lU'unswicU."

Un the 17th September, 1815. the governor of Nova Scotia was in-

i'.

'HI

jit

96

Tin: t'ISliKRIES TREATY.

structed by the IJritish GovennntMit tliat the jwrmission to tish that
had lu'CMi coiu'eded to lis in the Jiay of Fund}' did not extend '"to the
IJay ot'C'haU'lir and other hirge bays of similar chiuacter on the coast
of Nova Si'otia ami New Brnns'.vick," and that they ^^stUl (idherc to the
fitrii't letter of the treoues,'^ of wiiich Mr. Webster afterwards spoke iu
his cirenlar letter in 1852.

Many other disputations liave oeciirred over the nieaninj; of this.
treaty, as to the extent of the rennneiation of our fishing rights within
.J miles of the coasts, bays, harbors, and creeks of the British North
Aineriean possessions, ami we are in»t aware that any of them have
l)eeii definitively settled. Mr. Everett, minister to (Ireat Britain, on the
L*oth March, l.Sl."», replied to the letter of Lord Aberdeen, stating the
action of the British (Jovernment in relation to our right to fish iu the
Bay of Fmiday, in which Lord Aberdeen said:

The uiulersimu'd will ooiiiiiio hiinst'lf to statin;; thiit, after tlio most delilieraierc-
fousideratioii of the siiliject, and with every desire to do full JuHtice to the I'nitod
States, und to view tlio chiiiis put forward on liehii'f of the l.'iiited .States citizens in
the most favorablo Iij;l't, Hit >fajf«ty'8Cioverniiient are iievcrtheU'HS still constraiiitil
to deny the rij!;ht f^f United States citi/ons, under the treaty of 1818, to fish in that [nirt
of the Hj\y of Fnndy which, from it* ^eoj;raphital ixmitiun, niny properly ho con-
sidered ;«.i in<'lnded within th'.^ Ihitish possessiouM.

Her MaJeHty's (iovenmient still maintain — and in this they arc fortified by high
legal iintl'srity — that the liay of Fnndy ■!> rightfully elaimed liy Great liritainuHii
bay within the meaning of the treaty of IHlr', unil they eiinnlly maintain the position
which was laid down in the lioto of the nndersigned, dated tli« loth of April last, that
with ri'gard to the other bays on the Ilritish American coasts no United States fish-
erman has, under that convention, the right to tish within ',1 miics of the eiitratictoi'
such baysasdesignaied by a line drawn from headlaml to headland at that entiante.

That treaty wtis then '21 years old. It is now 70. JJiit Mr. lidwanl
Everett, instead of recommending war as the means of meeting thistiat
denial of onr rights, that tire now consi<lcred so clear as to be indisputa-
ble, replied to Lord Aberdeen, in the same siiirit that subsequently i»ei-
vaded Mr. Webster's circular (above quoted), as follows:

I5i»eaking of the attitude of the United Htates as to the British con-
structiou of the treaty of LSL*^, he says:

While tin y have ever been prepared to admit, lliiit in the letter of one expression
of that instrument there is some reason for claiming a right to exclude United Stat*-*
ttshermen from the Day of Fnndy (it being diflicult to deny to that arm oi thi) hva
the name of " liay," which long geographical usage has assigned to it), t'ley havo
ever strenuously maintained khat it is only on their own construction of the entire
article tliat its known design iu reference to the re^-ulatiou of the lisherics adiiiit.<iof
being e^"ried into ellect.

THE FISHEKIES TREATY,

or

i',i itisU con-

Will Ml*. Everett alsoln^ consnreil for fituliuffuililciiUies in the head-
land theory of the lU-itish Government (so clearly stated by Lord
Al>enleen) that stajrjjered Mr. Webster's honest mind in 1852?

A still more conspicuous and deliberate presentation of the dilTlculty
(ilinTivinf; at a satisfactory construction of the lirst article of the treaty
of ISIS, and of the propriety and necessity of an a,ijreement with Great
Britain, as to its true meaninjri is found iri the letter of Mr. Evarts,
Secretary of State, to J\Ir. Wehdi, our minister to England, of Septem-
l)er27, 1878. Mr. Evarts says:

If tlic bi)ii'V()l(Mit nu'tliotl of iirliifnif ion lictwccn iiafioiis is to conmxiul itwlf .as a
iliscrect and i»iactic(il disposition of iiiternatio!iai ilisputcs, it must he Ity adiio niain-
icnance of the wifcty and inteRrity of tho transaction, in the cs.sontial point of the
award observing thu limits of the Hnbmissiou.

ISiit this (iovorninent is not at liberty to treat the fisheries award as of this limited
.uti-rest and oj)eration in the relations of tlio two countries to tho important, perma-
nent, and ditlicnlt contention on the subject of tlie fisheries, whlcb for six fy years
lias, id intervals, pressed itself ujion the attention of the two (iovernmenrs und dis-
quieted their people. Tho temporary arranyenient of the fisheries by the treaty of
\V:i.shiuf;tou is terminable, at tho pleasuni of either party, iu less tlian seven years
iViiin now.

And he then i>roceeds to argue that if this Government accpiiesced in
the measure of damages assessed by the Coinmissiou, our rights might
be prejudice*! after the twelve vears' period expired. Referring, further
on in the dispatch, to the historical aspect of the matter, Mr. Evarts said:

Ourdiploniatie intercourse has unfolded the views of successive British and Ameri-
ciiuahinets upon the confiietinj; claims of mere ri>;ht on tho one side and tho other,
and nl tho sjimo time evinced on both sides an amicable preference for i»ractieal and
iK'acL'fid enjoyment tif the tisheiies, eompiitil)ly with a common interest, rather than
a nacrilice of snch common interest to a purjiose of insisting upon extreme right
at a loss on both sides of what was to each the advantage sought by the coutention.

In ibiH dioposition the ttco countries have inclined more and more to retire from irrecon-
'il'ilile difipittationB «« to the true intent rorered by the Homewhat careJens and certainlji
nicomplfte, text of the vonrtiition o/lHlH, and to look at the true elements of jn-olits and
lMo»iitrity in the lisheries themselves, whicii alone, to the one side or the otlier,
mde the shares of their respective participation therein worthy of dispute. This sen-
«iMe and friendly view of tho matter in dispute was greatly assisted by tho espe-
r.eHte of tlie provincial populations «>f a period of common enjoyment of the fisheries
ifilhoiit attention to any nealine of demarkntion, hut irith <i vertaln diitribnlion of indua-
liiflJ und economical adeanlaytnin the prosecution and the product of thix common enjoymen t.

Here is almost an exact repetition of Mr. Webster's declaration of 1S52
as to the unsatisfactory and uncertain character of the <u)nvoution of
jlSlS, especially to tho "sea-line of demarkation.*'
S. Mis. 100 7

98

THE FISHKRIKS TRKATV.

Aft to the roprosontatii)na iniide by the Se<'rotary of State to tlipllrit.
isU minister in Washinixton in the cases of the Joseph iSforj/ and Ihrhj]
J. Adamti, in notes daletl respectively the 10th and L'Oth of ^lay, ISSGJ
the Earl of Uosebeny coninmnicated to Sir liionel West a report of tliol
Cana«lian ininistir of marine and lisheries, <!(>py of whidi wascoiiniiiH
nicated to Mr. Hayard by Mr. llardin*;', Hritisli vlKutji' d'a(}}iire.%(i\\i
Au^jnst 2, 188(J. Fiom this report tlie foHowinj; in reply to Mr. Huy-I
bird's arj;nment for commercial privile;;es is here qnoted :

In utKlitioii to tliisfvitU'iin', it must bo ronieiiilu'nMl that th« llniteil Slates (iovJ
tTUiueut admitti'il, in tlu> cii.su siiliinittcil by thoni bnfof(« tho Halifax CoinniiHsini,
1877, that ueithor tho ('oavi'iition of 181,-* nor tl»« Treaty of Washin^jtou coiil'tunl
«iny right or privilt^j^o of trailiujt on American liHht«rnion. Tho Ifritish case cliiiiiiilj
coinpcnsatitui for thi* jtrivih-jjo which had Ihmmi jjivcn sinco tiii' ratilicatioii of ih^
latter troaty to IJniteil Statos li-ihinjj; vcs.hi'Is " to transfor rarijoos, to ontlU visscl*
by NupplioH, obtain ice, tMijjajjo sailora, procuro bait, and trallic g<!n«'raily In Briiisi
ports antl harbors."

ThiM chtini was, iiowever, Huccessfiilly resinfod, antl in tin' I 'ni tod States case it i
niainlainod " that the varions incidental and reciprocal i.dvanta^cH o'.' tlie litiiv
such a» tho privili-i^fs of ti.i*h;', purchasinj; l)ait and other Hnpi)lies, are not tlicsnl^
Ject of compensation, bora use the 'I'reaty of \Vasliin;ilon confers no anch rights (nith
inhabitants of the Unite<l ^jtaten, who now iMijoy thcin merely by sntVerance, ,iim1 wl
can at any titn<' bo deprived of thorn by tho onforceinent of exintin«{ laws or third
fnactniPUt of former oppressive ntatuteH. Moreover, tho treaty docs not provide f^
any ponHilde conipen!iatiou for audi privile;{c.s."

Still later ii reply to the representations made by Mr. lMiel|).s, at I.n
don, was written by the Canadian minister of justice. From his i»|ii|
we <pioU!i the following: , ,,

But even at thi8 barrier tho difficnlty in f )IIowin>^ Mr. I'holps'n arjfnnient In wind
lie seckn to reach tho interpretation he desires, does not eiul. .\fter takin" a viinj
the treaty which nil authorities thus forbid, he say.s: "Thus n-jicarded, it a|ipi;ir>j
me clear that th»' word« 'for no <ither purpose whatever," as employed in tin' trMi
uieau for no other purpose incou.slMtent with the proviniouHof the treaty." Taken!
thatBeune the words would have no meaning, for no other purpose would he eotis^
ent with the treaty, excepting those nuMitioned. Ho proceeds, "or prejndiilMl [>
interests of the provinces or their inhabitants." If th<( United .States antlioritnsj
the judges :is to wh.it is prejudicial to those inteiests, tho treaty will have vin iitj
value; if the provinces are to bo the judges, it is most prejudicial to their iiii"
that United States fishermen hIkuiM be permitted to come into the harbors on i
pretext, and it is fatal to their fishery iiit«ix>sta that tbeso tishernien, with v.iioiiiti
have to compete ut such a disadvantage in the markets of the United States, "li*
bo allowed to enter for Kiipplies and bait, even for the pursuit of tho deep-s""'
eries. Uefore concluding his reiuarkson this subject, tho undersigned woiilii '"''''^
u passage in the answer on behalf of the I'nited .States to the <'»so «»f Her M.ijn
Government as premuited to the Halifax Fisherius Coutinissiou in ld77 : "Tie vari

THE FISIIKUIKS TREATY.

99

iiicidentftl uiul reciprocal advnntaj^os of the treaty, Huch an the privileges of trafllc,
])Uichasiiiji[ bait and other supplies, are not the Hiihject of compensation, because the
treaty of \Va«hin;jton cijnfers no such ri^lits on the inhabitants of the Inited States,
icho now enjoji llinn mcnlii by aiiffirance, and who can at any time be deprived of i hem by
the. enforcement of exUlintj lawa or the re-enforcement of former oppreHHlve atatufes."

If tlic i)r<)clainiiti()n of 18,30 and tlio order in council of that year ex-
tondc^l to the lishiny vessels enjjaj'ed in the lisheries adjacent to the
Ihitish I'rovinces on the North Athintic and repealed the treaty of 1818,
iii its restrictive i)arts, the position taken by the Tnited States l)efore
the Halifiix Coinmission was a serious erroi'.

XY.

A i'km:(i:i)i:nt was i siaulisiied uy im{esidi:ntja('k.son ix i<.u as to

Tin: WISDOM Ol' I'DKIIKAIIAXCK IN COMMHHCIAL KKTALIATION, OR
IN MAKIN(; KEl'inSALS ¥011 A WILLFUL VIOLATION or TREATY OU-
LKJATIONS, AS TO THE MEANINO OF WHICH THERE WAS NO DIS-
I'UTE. RATHER THAN DISTURB SERIOUSLY THE INTERESTS OF OUR
PEOPLE.

Tlie residts of a hnn but pacihc policy in deinandinj; a compliance
with treaty obli;;ations with friemllv i)ower.s are stronjjly exenii'lified
ill the conduct of President .la<;Uson, in reference to the treaty of July
i, 1831, with the Trench (lovernnient.

liy that treaty France acknowledged an indebtedness to the United
States of *Jo,UOO,OOU francs, payable in six annual instalments, with
interest, the llrst due l'\'bruary 7, IS.'}.!. The Chamber of Deputies, by
a nmjority of eight, refused to enable the King to carry out the treaty
Ity withholding ihc necessary ai»propriation. This was on the alleged
jiround that our plenii>oteuti.iiy, having a superior knowledge of the
facts, had obtained an uinlue advantage of the French aegotiator in
the tern»s of the treaty.

The reply of Mr. Livingston, that he had obtained the information on
wiiich he had acted almost exclusively on i)apers obtained in France,
was a conclusive vindication of that good atul emiiuMit man.

This and subseciuont refusals of tho deputi(^s, together with irritating
expressions of the French (Jovernment, caused the witlnlrawal of dii)lo-
inatic intercourse with that (l<»vernment. And demands of the French
<ieputies that President Jackson should withdraw certain forcible com-
iiu'nts made by him in his messages to Congress on this subject gave
him just cause for iiidignation.

In view, however, of the serious results that always follow 'vprisals,
retorsions, an«l retaliations, even under the heat. of a just i ulignation

100

THE FISHEKIES TKEATY,

fi>r a fla«;rant wronjj, Presidoiit Jackson thus advisiMl Coujjress, in his
«ixth annual inessajjo (IS^}4), as to the policy of sncli action :

Our institutions jiro ossiMitiiilly pacilic. Peiico and fVioiitlly iiitoiconrso witli all
nations nio as ninch the di'siro ol" our (Jovornincnt an tlicy arc the intt rest ot'oiir
people. But tlu'se objects are not to lie per nanently .seoure«l liy Miureiidvriiif; the
rights of onr citizens, or permitting soienui treaties for tboir indemuitv in vhh-a
of tlu;;rant wron;; to be abro^rateil or set aside.

It is undoubtedly in tlio power of Congress seriously to affect the agricnltmal and
manufacturing interests of France by the passage of laws relating to her trade with
the Tnited States. Her products, iuannfactures, and tonnage may be subjicted t'*
heavy duties in our ports, or allconunercial intercourse with her may be susiuMiilt'd.
But there i\re powerful and, to my mind, conclusive objections to this mode of pro-
oec'diiig. We can n«tt embarrass or cut off thi" trade of France without at the same
time, in some degit'o, embarrassing or cutting oft' our own trade. The injury of siuli
a warfare must fall, though unequally, n]ton our own citizens, and could not but iiii-
p.'iir the means of the (Joveriimcut, and weaken that united sentiment in support of
the rights and hor.or of the nation which must now pervadt every bosiuu.

Nor J8 it impossible that such it course of legislation would introduce once more
into onr nati(Mial councils these diutnrbing questions in relation to the tariff of duties
which have been so recently put t'» n^st; besides, by every measure adopted by tin-
Governuient of the United Slates, with the view of injuring France, the clear p<'r-
i-ejition of right which will induce our own i)eo|de, and the rulers and pcopli' of
all <ither nations, even o' France herself, to pronounce our quarrel just, will he ob-
scured, and the support rendered to us, in a linal resor( to more decisive measures,
will be more limited and equivocal.

There isbnt one point in the controversy, and upon that the whole civilized world
must pronounce France to l>e in the wrong. We insist that she shall pay us a Kiun
of money which she has acknowledged to be due, and of the justice of this demand
there can be but one o|iinioii among mankind. True (tolicy would sccui to dictate
that the ipiestion at issue should be kept thus disencnuibered, antl that not the
slightest pretense should be given to France to persist in her refusal to make pay-
nieut by any act on our part aft'ecting the interests of her peiq)le. The question
should be left as it is now, in such an attitude that when Fr.mce fulfills her treaty
stipulations all coutntversy w ill be at an end.

XVI.

nv Tin: DELiMir.vnoN.s fixed in this tke.vtv we yield NoniiNt-

THAT IS OF ANY VALITE TO OUli FISHEIJMEN. WHAT WE YIKLU IS
OF VALUK TO THE BRITISH PROVINCES AS A MEANS OF CONDIUHIXH
THEIR LOCAL GOVERNMENTS. THE TREATY IS A JUST AND FAIli SKT-
TLEMENT.

The treaty now boloro tlio Senate wisely and reasonaUly provides '.or
the settlement of all disputed (juestious that have biieii under discussion
by the tTO Governments, jmd atlds greatly to the privtlei^es nl (nir
fishermen in the British- American ports.

THE ri.S)[p:KIES TREATY.

101

111 ii piiblislKMl l(5ttor of the cliiof counsol of the "ontlitters" and
owners of llshiii}; vessels — Mr. Woodlmry — ho .Siiys, that "the right to
tisli on the coast of Nova Scotia, within the u-inile limit, our rislieniien
ionsider of no vahio whatever."

The report of the Senate ConiiniUee on Forei<;ii delations of January

1!), 1887, on the value of inshore lishing rij^hts, and the riyht to take

fc<ir buy bait, to which reference lias been made, shows conclusively that

tliey are of no value to our lisherineii. lii their rejiort, the committee

siiv:

•

From the iiivi'.stixHtiotiH made by tlio coiTimitti-e duriu); the last buiiiukt and fall,
uimI uh the result of the yreat niasM of teHtiiiiony taken by it and herewith returned,
tilt' i-onuiittee believe it to be c!ear, beyond all dispnte, that the ri<{ht to fish within
:; iiiile.s of tiie I)oniiiiu>n x/iorc-i in of no praclicul luh-antayc whaletvr to American Jish-
nmen. The cod and halibut liMhin;^ has been for many years almost entirely eavried
(111 at loiiy: distanees from tlie shores, in the deep waters, on banks, etc.; and it i8 be-
lieved that were there ab8<dute liberty fo** Americans to iisb, without restriction or
n';;iilation of any kind, within It miles of the Dominion shores, no such tishernian
wiiiiitl ever think of jjoinj; there for the jjurposeof eatehiiiK eod or halibut.

"As rej;ar(>s thi^ obtaininj; of bait for this class of (ishing, the testimony taken by
the committee in its iminiries dearly demonstrates that Ihetr is no ueirisiti/ uhateverfor
Imeriian JiHhermeti to rmort to Canadian ivateis fov that pinpom: Clam bait is found in
iiuiiienseqnantities in our own waters, and there have been instances, so frequent and
continnons as to amount to a habit, of the Canadian thtmselveH iraortin)/ to Ameiican
mjitm iir ports for tlie pnt'iioiiv of ohtuining it. The nqiiiJ bait is found on the rertjhnnkn
irhcrc tiiejinhinij ijois on. Soth.it \\ni instances would be cxtrcmelii rare uhen any American
Jisliintj vesnel would wish to resort to u Dominion port for the jmrpose of buying bait
for this kind of iiHhinj;

" It waa ahoprored before the commillee that, with the rarest exceptions, it tvonhl be ab-
gohitelif injurious to the pecuniarii interests of all concerned for American resseh to retort
to Dominion porlsor naters, except in need or distrens, for the time taken in such depart-
iircs from the cod and halibut );rounds, or from direct sailing to and from tliem, i<i so
(jrtat that, with or without the difference of port cfpcnscs, time and money are both lost in
Kiich risitt.

" III respect of the mackerel fishery the committee linds, as will be seen from the
• vidence referred to, thot its course and methods hare of late years entirely chanyed.
Wliiio it used to be carried on by vessels llshiiig witli hook ami Une, and sometinua
mar the shores, it is now almost entirely carried on by the use of immense seines, call* d
imi-se-seines, of great length and descending many fathoms into the water. This gear
is very expensive, and a fishing vessel does not usually carry more than one or two.
The danger of tishing near the shore with such seines is so great, on account of strik-
ing rocks and reefs, that it is regarded as extremely hazardous ever to undertake it.
lliHides this, the larye schools of mackerel, to the taking of which this great apparatus is
ivxt adapted, are almost alwayx found r.wre than :i miles from land, eithe,' in great bays
and yul/s «r entirely out at tea.

■} I-

102

TIIK riSllEKIKS TKKATY.

There will bo foiiiKl accoiiiiianyiiif; this roixirt (m«o ApiM-iidix) statoiiK'iits showiiiK
the totiil ciitoh of nuu-kcri'l tliuiiijj certain \ earH and the ^larls of (h« Heas where they
have been taken ; and it will also bo Been from the evidiMice that in general the mackerel
fiihericH by Americati* in the Gulf of St, Laterencc and in the liai/of Chaleur hare not bei»
remnneralire.

In view of nil th.oHe factt*. well known to the j^reat body of theeitizenH of the Vnitid
States enjiajjeil in (jsherie.s anil enibraeinj; every variety of interest «'onneeted there-
with, from the .wholesale dealer, vessel owner, and ont litter, to that port ion of the
crew who receive the smallest share of the venture, it must be considered as conclu-
sively established that there wozild be no material ralue tvhAtvrrr in the tjrant bij the Brit-
ith Gorernment to American fighermen ofabHolutehifreeJifihin<j: andin thin conchiHton itirill
be Keen, bji a rtferntce to the tentimony, that all these intcrrHtn/ullji concur.

When we eotisider that the iiisliore fi.shevies are of no valne and that
the ii<;ht to take bait, or to buy it, is worse than nseU^ss to our people,
tile alleged snrreiuler of tishing territ()ry to the iiritish in this treaty
is of far less conseciueneo to ns than tlie surrender we nmde in 1854, to
fjet these privileges, by purchasing with reciprocity the repose of the
British contentit)ns. restrictions, and exclusions, at a cost to our reve-
nues of nearly $l(),(HKl,(KM); and in 1871, by a purchase with $.V)(K),COO
in njoney, and a great sum in the loss of reveinu's on fish imported from
Canada.

"VN'e have i)aid for everything we have got from (Ireat Ihitain, since
1783, in connection with the fislu'ries. That concession was the last
thing we got under our atrict danund for the rUiht. It m the last thing
we will ever get, without compensation, uutii we go to war to regain
our attitude of 1783.

The extract from the report of the Senate counniltee, above copied,
shows that in such a war we would be fighting over a subject that is
utterly barren of any actual value to the American people — a war in
which the i)rinciple8 involved would have no relatioti to rights secured
by international laws, but would relate oidy to the meaning of words in
a treaty, that were put there by the mutual consent of two enlightened
Governmeuts.

This treaty closes the discussion on the subject of delimitation of fish-
ing boundaries, a matter that was, in some sort, provided for in the
treaty of 18.54.

It presents a fair antl e<]uital)le settlement of «[uestions that have
been in dispute for seventy' years.

It gives our fishermen, as an equivalent for the concessions we make,
largely increased privilege8, as navigators, beyond the narrow and in-
hospitable provisions of the treaty of 1818.

THE FISIIEKIKS TUEATV.

103

And, Itn" tilt', first time that sudi a thiuj; wan ever attempted, this
treaty propDses to open the door to wide coinmereial privileges for onr
lislioriiien, baaed on concessions that coiicern them alone.

The moduH rivendi provided in the protocol enables onr (Ishernien,
ilnriii;; two flsliing seasons, to compare the valne of the very broad
coiiimereial privileges therein accorded with the price of annnal license
at ><l.i>(> per ton on their ships. A lisherman, ontlltting with all he
needs to snstain his bnsiness in Canadian ports, and having the privi-
l(>;:e of sending his fares to onr market niuh'r bond, over railroads and
iliioiigh such i>orts as would be easily reached, woidd be able to make
SI) miiiiy more voyages that the annnal license of ^LoO a ton on his ship
would be reduced to 30 cents or 10 cents per ton on the voyage. If the
business will not bear such a tax in (;om|)ensation for such i)rivileges,
it is scarcely worth a war, or a serious disturbance of good will with our
iiei^'lihors, to secure these commercial advantages to our tishermen.

We venture to repeat the recommendation that the Senate will
;i\vait the developments that even one fishing season will make under
this protocol before taking final action on the treaty.

XVII.

TIIKKE IS NO FAULT IN TilE MANNEli OF NEGOTIATIXG THIS TUKATY,
AND THE I'UESIDENT HAS NOT IN ANY WAV EXCEEDED HIS CONSTI-
11 TIONAL rOWERS, OR WITHHELD ANY COrRTESY DUE TO THE SEX-
ATE IN RESPECT OF THE ACJENI'S SELECTED I5Y HIM TO CONDUCT
Tin; Ni:(iOTIATI0N', OR IN THE TIME OR PLACE OF NE(!OTIATIX(; OR
rONCLL'DIXc; THE TREATY.

On the other (pickstion, as to the form in which this negotiation has
bi't'u conclucted and the anth<u-ity of the two idenipotentiaries, Mr.
I'litnam and Mr. Angell, to act, without a confirmation by the Senate,
«e rely upon the pre(^edents cited in the annexed brief of cases that
seem to (;onclude any question on this point,

Tlie table hereto appended, marked C, will furnish an easy reference
ioall the appointments of diplomatic agents to negotiate and conclude
TOiiventious, agreements, and treaties with foreign powers since 1792.
The whole mimberof pervsons appointed or recognized by the Presi-
'K'lit, without the concurrence or advice of the Senate, or the express
aiitliority of Congress, as agents to conduct negotiations and conclude
treaties is four hundred and thirty-eight. Three have been appointed

104

THE FISHERIES TREATY.

by the Socrotary of State and thirty-two have been appointed by the
rresiilent with the advice and consent of the Senate.

It will he seen that an interval of fifty-three years, between 1S27iui(l
1880, oecnrred duriny; which the President di«l not ask the consent oi
the Senate to any snch appointment.

The followiiifj important appointments and ?nany others wore niiule
when the Senate was in session :

March "2, lT9;i.— David IIuiiii>liiifH. It\ Wiis1iin(;t<i)i. CoininiNsioned plenipotentiary

to tri'iil with Alxicr."^. CiiUf^n'sH adjoiirmd oii that day.
Jatiuiny '26, 1K5','. — Ktlniund I^ohorts. \\y .lacksoii. ConiniiH.Hiouer to tivat witli

Cochin China nn*l Siani. Con^rrt'HH in NeH.sion.
May W, 18;'.8. — Nathaniel Nih>s. Hy Van Itnr«M). Spt'cial ajjent to ne;r.»tiate treaty

with Sanlinin. {'on>jr<'RH in wnMion.
2farvh '.'c*, I'-^Ci. — A. l)ndh\v Mann. Hy Tolk. Special agont to troat with siimhy

States of (icrniany. L'onj;rcs.s in Bcssion.

The constitntional power of the President to select the agents tliroii;;li
whom he will conduct such business, is not affected by the fact tliat llio
Senate is or is not in session at the time of snch tippointment, or while
the ne,'j;otiation is beiiifj condnded; or the fact that he may prefer to
withhold, even IVom the Senate, or from other countries, the fact that
he is treiiting with a particular power, or on a special subject.

The secret service *'und that Congress votes to the Department ol
State annually is that from which such agents are usually paid. That
is the most iniportant reasons for such ai)pro[>riations.

The following is a summary of Appendix C:

Persunn appointed hy the Pr."»ident and coulirnied by the Senate :

171hi. William Carniichae), William Shott, to treat with Spain.

1794. John Jay, to treat with tireat Britain.

1794. Thomas Pinckney, to treat with Spain.

179<>. Ivufiis Kinfr, to treat with Great Hritain.

1797. John Q. Adams, to tn-at with Prnssia.

1797. John Q, Adams, to treat with Sweden.

1797. C. C. Pinckney, J(din Marshall, Klhridgo Gerry, to treat with France.

1798. John Q. Adams, to treat with Sweden.

1799. linliiH King, to treat with Russia.

1799. Oliver Ellsworth, Patrick Henry, and William Van Mnrray, to treat willi

France.
1799. W. It. Davis, tice Henry, as above.

180:i. Jumes Monroe and R. R. Livingston, to treat for Louisiana.
180:{. Hufus King, to treat with (ireat liritain, northeast boundary.
180(5. James Armstrong and James liowdoin, to treat with S))ain.
1814. J. Q. Adams, J. A. Hayar.l, Henry Clay, and Jonathan Kus.ie!l, to treof

with Great Britain.

THE FISHERIES TRKATY.

105

witli sniulrv

Persons appointod by the ProHidont un.l coudrmcl by tl.o Sonato-Contiuued.

1811. A11)«rt Ciallathi, to treat with Oreat nritahi.

18215. R. C. Anderson and John SarKoant, to treat with th« American nations.

li^a?. Joel R. roJiiMctt, rkc Anderson, ahove.

IdHO. Jan.e» IJ. A„Kell, J„hn T. Swift, „„d W. If. Prescott. to treat with
China.*

Total number, 32,
IVrsons ajipointed by the Secretary of State:

1H'.>.'). Christopher HhkIios, to treat with Denmarli.

182<). Jolin James Ai»pleton, lo treat with Naples.

lMrt(i. (Jcor^e H. Hatos, to treat witli Ton;,'!i.

Total number, ;{.
Persons apiioinled by the Prt.Hi.lfnt :

Total numbL«r, 4;lf.

John T. :Morgan,
ICli Saulsbury,
.Joseph E. Brown,
H. B. Payne.

witii rraiice.

ArPKNDix A.

r.Y TIIR I'|{r>'n>KXT OK THr rMTKI) Statks «ii- Amehica.

A I'KOd.AMATION.

WIitTt'iis by «a act of Ctni;tre»i of tlio Unite«l SIjiIbm, pitHHttil on tin* *2i>th duy of
May. l-'SO, it in jnovitliMl that wlifiifViT flu* I'n'Hidont <if tho I'nittMl Stulci sliall rc-
ceive satinfiictorv fviilcnco tliat tln> (tnviTiiiin'iit of <!n'at Mrilaiii will open tlioporlK
of itH coloniHl poHMOH.sioii8 in tlit^ Wust ImlioM, tm tliu cuiitiiieiit of Sontii AiiutIcii,
till* IVilntiiin iHlanilx, tiio (Inicos, and tli<« ncrinnda or SnnxT iHlandM, f t tho v<'sh<'Ih of
till' rnitcd Stall's, for an indi'linit»> «)r lorn limited trriii; that tlm vi'ssoIm of th>'
United Stut^'H, nnd thvir cnr^^otia, on cntcrin^r thncoronial portMnfor(>.Hai<l, shiillnot l»o
Mibjt'rt to other or liij^lu-r diitii-s of tonna;;e or ini|M)st, or tdiar^t-s of any otiit-r de-
scription, than Wiinlil no imposfd on ISritish voumcIh or their car;;ot^*<, arriviii|jf in
the Miiid eohMiiat |»osHe.HHionH from the United State.s; that *he vetMel.s of the United
States m;iy import into the said e(doniu. possessionM from the United States any
article «)r art ioh's which could l»e im|»orleil in a British vesnel intothesaid possdssions
from the th!< United States, nnd that the vcBselsof the United States niiiy export from
the British colonies aforementioned, to any country whatever, other than the domin-
ions or possessioiiMof Orcat Itritain, any article or articles, tliatcan be expt)rted flierc-
fiom in a Hritish vessel, to any country otlier than the Kriti-th dominions or possos-
Hions aforesaid — leaving; tho commercial intercourse of tho United States with all
otlier parts of the Hritish dominions or jxissessions on a fooiin;^ n()t less favorable
to the Unitetl .States than it now is— that then, and in such ca'^e, Dw President
of tho United States shall he authorized, at any time before the next aession of Con-
gress, to issue his ]>ro(lamation dcclarinjj that ln« has received such evidence, and
that thereupon, and from the dati) of such proclauiiition, the ports of the United
States shall be opened indetinitely, or for a term fixed, as tho case may bo, to Uritiwli
vessels cominj; from the said Hritish colonial jiossessions, and their carj^oes subj**'!
to no other or higher duly of tonnage or iin|)ost or charge of any description what-
ever than would be levied on the vessels of the United States or their carj^oes arriv-
iuK from the said Hritish pctssessions, and that it shall l»e lawful for the said Hritisli
vessels to inqxirt into the Uniteil States, and to exi»ort therefrom, any article or
articles \\ Inch may l)c< imported or exported in vcsswds of the Unitwl Stuti's, ami
that the act entitled " An act concerninn navigation," passed on the IHth day of April.
oiMi thousand ei;iht hundred and eij^hteen, an act sui)plementary thereto, i)asse<l tin
tlfteenth day of May, one thousand ei^ht hundretl and twenty, and an act entith L
"An act to rejjulate tlio commercial intercourwi between tho United States and cer-
tain Hritish ports," pa'tsed on tho lirst day of March, one thousand eij^ht huinlred and
twenty-three, shall, in such cas<', he suspended or absolutely repeahxl, as the case may
re<iuire:

And whereas by the said act it is further ]»rov idod that, whenever the ports of the
United States shall have been opened nniler the authority thereby given, Hritish ves-
sels and their cargoes shall be admitted to aa entry in tho ports of the United St'ttes
from the islands, provinces, or colonies of (Jreat Hritain, on or near the North Ameri-
can continent, and north i-r cast of the United .States:

And whereas satisfactory evidence has been received by the President of the Uuitetl
Stfttes that whenever he shall >?ive ettect to the provisions of the act aforesaid, the
lOG

TIIK FISHKKIKH TKKATY.

107

(ioviTiiiiH'iit (il'drciit Hritaiii w ill oiini for nn imli'diiito pcti'Ml the ports m its ('oloniiil
|i(ivHtssion.H ill till* \V«'Ht Iiidifs, on tlw « oiitiiiont of South Aiiiorieii, tin* naluitiiii
MiiiiiIm, tli«* i'liicoM, and tlii< lli-rinnila or Soincr iHlamlN, to tin; vonmoU of tlx; I'nittMl
Stitlos, and tlioir rur);oi>N, upon tlio K^rniH and uccordiii}; to tlm retiuiNitionH of tho
;il'(ir«'H!iid act of roii;;r<'HH :

N.nv, thoii'fort*, I, Andn-w .lackHon, rrcHidciit of tlie United States of Ann'rira, do
liiTi'liy doclaro and proclaim that miicIi ovldunco has hoon riwelvtMl by me ; ami that>
liy llic operation of th« act of Contjn'HH pa.ssed on tlio 'iHth day of May, KW, tho
]ii>rt.s of tin* I'nitiMl Stales are, fiom thtMlate of this prixlumation, open to KriliHh
vosm>Ih eoiiiliif; from the wiid UritlNh ptmHeiwionH, and their ear^ooH, upon tho ternm
■It forth In the said act, the act t-ntitled "An act conccrninjj navi<iatii>ii." jiaHsed

I tlic l-^lh day of April, Ir'l-i, the art Nnpplcmciitary tln-rcto, passed tin* l.'>th day of
Miiy, l"*40, ami tho act entitled "An act to rcj^iihite tl^e commercial intercourse he-
twciii the United States ,'Mid cerliiiii Hritish .jiorts," j>asNed flii> tiist day of March,
l".*;t, are aiisolutely rei»eaicd, and Mritish vessels and tlieir carj;oes are adioitteil to an
iiitry in thu porta of the United StateH from the iiilandH, provinceH, and rcdouieM of
(Jriat Hritain on or near the North American continent and north or east of tho United
■"tatcs.

(iiveu under my liaml, at the city of Washington, the r)th day of October, in tho

Miu' of our Lord IrCH), itiid the .V)th of the Independence of tho Uniteil States.

Anm>1!KW .Jackson'.
llv the President:

M. Van Mfitrv,

Secfftary of Slate. , '

ClItCriAU TO THE CoI.I.Et luHS OK lUSTOMS.

Tui:as(ry I>Ki'AinMKXT. Oclohtr C<. 1«:10.

>ii!: Yon will iicreeivo l»y tho proclamation of the President herewith transmitted
thai from and after the date thereof tho act entitled "An act concerning navigation."'
\>mnvd (in the tr'lh of April, ISIH ; an act supplementary thereto, jtassed the l.'>th of
May, l-^tiO; and an act entitled "An a<;t to regulate the commercial intercourse be-
I'.vwn the United States and certain Uritish ports." passed on the Ist of March. LSiW,.
arc aiisolutely repealed ; and t'> ports of the I'liited States are opened to Mritish
vi'SM'ls and their cargoes coming from the liritisli colonial possessions in tho West
Indies, on the continent of South America, the Hahaiua Islands, the Caicos, and the
litriiiiida or Som<>r Islands ; also fr»nn the islands, jtrovinces. or colonies of (iroat
liritaJM on or near the North American eontiin'iit and north or east of the United
Slates,

By virtue of the authority of this proclamation, and in coiiformity with the arrange-
iii'iit made between the United States aid lueat Britain, and under the sanction of
till' IVesitleiit, you are instructed to admit to entry such vessels, being laden with the
i'riiiliu'tions of Groat Hritain, <>r hurHaid colonies, subject to tho Hame duties of ton-
!:t;;e and impost and other charges as are leviv d on the vessels of the United States
IT their cargoes arriving from the said Hritish <'olonies. You will also grant i-lear-
iiices to llritish vesnels for the several ports of the aforesaid colonial [xissessions of
'•reat Hritain, siicii vcss(ds being laden with such artiel«-s as iiiiiy bo exported from the
I'liited States in vessels of the United .States; and British vessels coming from the
Mill Hritish colonial possessions may also bo cleare<l for foreign ports ami places
I'tlier than those in the said Hritish colonial possessions, being laden svith such article*
aiinay be exported fnnn the United States in vessels of the United States.
I am, sir, very respectf.illy, your obedient servant,

S. D. INUIIAM,

Svcrttarif n/tlic Treii8ury.

AlMMCNDIX r>.

ol.'DKK IN COINC II..

A I iiii; C'oLiii Ai Si. .Ia.mi>',

yiiiitiihtr ,'>, H30.

rnv-^Mit : Till' Kiirjj'M M<)!«t Kxcellt'iit 5In,ji'i,ty in ('oiiiicil.

WliiTi'an, lly a (M-rtaiii art ul" i'ailinnniit, |»asstMl in tlif tiili year kI" tin- ii'i^ii nf iii<,
late Mil.il•^ty Kill;: (ii'orjtf the Fourth, i<iitith>il "An ait to logiihito II. <* f railf of tin
HritiKh jiOHsfMHioiiM al>ri>a<!," aflrr ircitin;i; that "liy tlif lavx of uavi^iatimi l(in'i;;ii
HhipH ait^ |u>itiiitttMl to import into any of th«< Hiilish iios^rN.sioMH ahronii, Irotn tlic
f<»nntri«'ii to which thry hchniu'. k""'!" thi> jirinlin o ot" llmsi' conutrifM, nn<l to cxiiort
j{oo«1h from suih jioxMcsHitinn to lie carrifd to any t'or«'i;;n <'inintry whatt'vcr, ami tlmt
it in cxpeilicnt that Niu'h |i<'rinihHioii shoiihl ht* nuIiJim t to certain conditions, it is tiit'ii-
fort" cnacti'd fliat the i>rivih';:c>< ihcrchy ;;rant<'il to forci^jn Mhips nhall he liniilcd to
the shiits id' thuM' cimntrits whii ii, Iiaving ctdoniai posMCNHionH, Mhall i;rant the lik*>
privih'Hi' ot' tradin;; witli thisc luisMCHHions to llritish Nlii|iH, or wliich, not liaviiij; en-
lonial ixissessiiiiiN, Nhall piaie the coniiuerce and navi;;ation of thiMcountry and ot' its
jtOKMCHHions ahroad npon tlie t'uoiin^o:' the nio.st favored nation, unleHit It is Majesty,
hy his order in cHincil, siuill in any case deem it expedient to ^rant thi» wliole or any
of Hueh privilep'h to the ships <if any Ionian conntry, althoM;;li the conditions afoii'-
Kftid uliall not in all rcM]Mcts he fiillilied iiy muIi t'oreij^n country.

And whereas, hy a certain oritcr of his said late Majesty in council, heariiitr dati'
the ViTlh July, l^tit!, after re<'itin;; that tho conditions mentioned and referred ti> in
the said act «if J'arlininent had not in all r«M[>ccts heen fiiililh il hy the (Jo\enuiieiit
of the I'nited States of Anu" " a, and that, thereftne, tli»^ privih-^jes ho ;,'raiited as
alorcsaid hy the law of navi^..* on to foreign ships could not lawt'iilly Im cxcrci.setl
or enjoyed l>ythe shijis of the rnitid States aforesaid unless His Majesty, hy his order
in council, should ^rallt the wlioh' fir any of such privilei;<'s to theships (if the ''iiited
States aforesaid, his said late Majesty did, in pursuance of the powers in him vest'il
by tho said act, yrant the privilej;es aforesaid to the ships of the said I'nited States,
hut dirt thereby provi<1e and declare that sucii jirivih j^es should absolutely cease and
rteteriniiie in His Majesty's possessions in the West linlies and South America, and in
certain other of His Majesty's jiossessions abroad, ujion and from certain days in tlie
said order for that purpose uppointe<I, and which are lony since passtul:

And whereas, by a certain other onler of his said late Majesty in council, hoaiiiii:
rtatft tho Itjth of .Inly, l^^'iT, the said last mentionert order was contiruifd ;

And whereas, in i»ursuance of the acts of rarlianient in that bidialf made and pn'-
Tided, his said late Majesty, by a certain order in Council hearing date the 'Jlst day ol
July, 1H23, and by tlie said <iider in council hearing date thoiiTth day of July, lHt>(), was
pleasert to order that there should be charged on all vessels of the said United States
which shonhl enter any of the jiorts of His Maji-sty's possessions in the West liidits
or America, with articles of tho growth, produce, or inanufactiin) of the saiil Stati*.
certain duties of tonnage and of customs therein particularly specilied ;

Aud whereas, it hath heeu made to appear to His Majesty in council, that tlic n-
Btrictions heretofore imposed by the lawa of the United States aforesaid, upon I'ritisli

lOd

THE riSIIKKIKS TUKATV.

109

\('),>ii U ii:i\ JKiitiii;; liftwi-iM) tiio Niiitl StiitcH niiil IMh MaJcMty'H posst's.sioiis in tlio WoHt
Iiidii'N aiul Aiiit'iicii, liuvit h* t>ii ii'|)(<iilt'i|, mxl tlmi tliiMliHriiniiiiiitiii^ iliitiiN of t«>n-
iiUK<' «»il of ciuliMiiit IiiMi<(i*ri)i'e iiiipoHtMl li/ tliu lawn of tint aaid i'liitoil StateH upon
llritisli v««h«'In ami tlnir riir(;o'''«i «Mitrijinj tlif jiortn of tlm naiil Static from His
Miiji'Hty'N Hiiiil piiNHrNHioiiN, liavc also Imm-ii icpc'ilt-il ; aiitl ll>itt tli<< piirtsiil' tlii> I'liitol
Siitti'sare now opiMi to HritiNli voMstOit ami tlujr carjjoHH, coniin^f from Mis Mujunly'it
ii .^-(■•.vioiiH afon'Maifl ;

111- Maj«'!ity ilotli, tln'iffort", with tin- atlvico of lus privy (ronncil, aiitl iti piUHii-
aiicn nnil uxt^rciw^ uf t\w powors mu vcHtud in Iiini, as tiforoHaid, by tliu Haiti aut ho
|i,i,sHC(l in tii« Hixtli yi'.ir of th<' ri'i>jn of his Nai<l latti MiijoHly, or liy any ollior ai-t or
iii'tN of rarliuniiMit, ilcclaro Unit tiio Haiti n^citutl onltMH in loiinril of i Int 'Jlsf day of
July, tH'J:t, and of tlio 'J7tli day of July, 18i(!, and tint naid indcr in council of tliu
K'ltli day of .Inly, H,»7 (so far an ll>« mucIi last nii'iitioiwd ordtT n-latcs to tlui Haid
1 iiiliMl Statos), slnill l>i>, ami tlu> Hann' aro ln'rcl>y, n'sp«ctiv«dy rt'vokcil :

And IliM Majt-sty doth further, liy tho advico aforcHaid, and in iinrsuaiH'o of the
]iii\v(M'H aforcHaitl, d<!clnr«> that tho ships of an<l hfh.n^in;; to tint I'nitt'd Htates of
Aint'rira nniy import from Iho Unitod StatcH al'orcsaid into tln< Hritish i)()SHcsHion8
iil>road goods the prodiu;i! of thoso status, and may export );oods from the ISritiNh
IMi-iMt'Hsioris abroad t«) h« earried to any fortdfjn rountry whatever.

And thtt ri;;ht honorahlo tint lords eonnnissiom-rH of His Majesty's treasury, and
till' h'ight Honorable Sir (Jeorge Murray, om* «d" His Majv.'sty's prineiital seeretarios
lit" htate, arit to >;ive the necessary directionN herein, an to tbem may respectively ap-
jMitain.

Jas. Ulllkr.

A tnut copy : '

CofXCILOFKlCR, WlIlTKIlAI.I., JW)r. HfA, 18:10.

110

THK l-ISHEHIKS THKATY,

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Appendix D.

FISHING-GROUNDS.

rn<hr thr treutjf of IrtlH. .

Miirino
8(1. milus.
riio :J nmrimi Jiii'.o limit, which Ih thechiiiiiof Aiimricaii tlHheniuMi. is in hliie,

and i>iiii»1h IG, 424

Of this ar«'u thi-re in in Imvn, cut of!" hy the 3-inile limit 6, 599

Anil oiitaiduof tl:«* H-milo limit 9,825

Miikiiii; 11 fotfil, lis Mfati'd, of I(i, 4'J4

Tlu« claims (<f ('iina<li«M (islicrnuMi, from lu'adlund to li«<)i<tlaiul, would add to

the orMtt uluim«d hy Amerioun fiHlKunuMi G, 164

Mnkin); the CtiiiadiaM claim •<^2, 588

Ah aj^aiiiHt Amuriuiin claim of Ki, 4'24

I'ni^er the propoged treaty 0/ 1888.

The American fiHhermon'H claim Ih conceded to Canada, and is equal to HI, 1*2 1

AikI in lieu of the 0,11)1 :narine square miles, from headland to headland, a.s
ciaimed hy the Canadians, the Americans concede to them as follows:
First. At hays of M miles or less ia width —

In Newfoundland, 8 hays of 200

In New Hrunswick, 8 hjiys of 67

In I'rince Kdward Island, ,i hays of 18

In CttjM) Brett)n, 2 hays of 13

In Nova Scotia, 1 1 hay.-* of 85

•—

lu all, :i'2 hays of (colored brown) a8;5

Second. At the hays nanied between lines d'A and 80, .\rticle IV, propo-sed
treaty, l-firfH (eotured solid r-'d) :

At Male Oialeur, New Hrunswick 500

At H'ty of Mirauiiclii, New Uriinswick 23

At !';(mout's May, I'rince K, 'ward Island 20

At St. Anne's Bay, Nova Scotia 5

At Fortune Hay, Newfoundland 160

At Sir Charles Hamilton's Sound, Newfonudlaud 2

In all, at 6 bays .' 710

!1

IMAGE EVALUATION
TEST TARGET (MT-3)

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1^ lifi IIIIIM

— 6"

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JA IIIIII.6

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Photographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, NY. 14580

(716) 872-4503

^

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^

ci^

13G THE FISHKRIKS TKKATY. ^

Mnrinc
t^q. miles.
TliiiXu At linys iwnncil luMwocii linos M and 9'.\ in Article IT, of jtroposod
treaty «)f IfhH (oolond in itariillel rt'U lima):

At l?arriiij;ti'ii Hay. Nova Srofia '>

At ClnMl»>l>nrto aixi lit. Petcr'H BayN, Novii Scotia 1>-

At Mira Hay, Nova Scot In 7

At riaci'Utia Hay, Noutouiitlluud 7

111 all, 4 Itays m

Tliin givcH a totnl concession by Americans nn<ler the |tro|io»ed treaty of iS'iS
of 1,127

In lien of a total concession by the CanadianH from their headland to head-
land claim, of 5, (Kff

Appendix E.

«

^

1,127

1-

.

5,0:57

THE PKNDING THKATY.

KKVIKW i)V THK KISHKUIKH NK(K)TIATI()NS MY \\. I.. ITTXAM— HI8T011ICAI. AXI> EX-

ri.ANAToin — rnoM ihk ukcixninc ok TIIK ( omhovkusy to tiik puksknttime —

WHAT THK TUKATY IXDKi: lAKKS TO DO— HOS HI.K CaiTlCISM MKT.

\Vt< L(iv»' Iiclow it viiliiiilih' n'\i«'\v of " Tlir FisliciicH Ne;;<>tiiilit>iiN — Histmical and
Kxplaiiatoi'v," liy t!ii' Hor.. William L. riitiiain, of tlie coiniiiissioncrs wlio IraiiuMl tlie
peniliiiK treaty. The |in|><T was prepurt'd for tlm Portland Fraternity Club and read
at a rn'cfiit im^ftinj;. It iH an itiiporlaiit contrilintii*!! to tin- prcsfiit discnsHion, and
nnMt« udvcixe (ritiiisinH wl.idi ljavi> ht'tni uiado upon tlio work oftho (•ounniHHion.

Concerning the provir^innH of the convention uf IHIM, that onr HNhernien tniiy enter
the havH or harhorsof Her Maji'sty's doniitiions in Ncwfoiindlaiui and eastern Cana<la
" tor the |Hirposei\ of slu-lter and of repairinjj datnajes therein, of |>nrcl'aHinjj wood
ami of ol)t,»inin>r water, and for no otln-r pniposcM whatever," and aieliahle to "Hneh
renlrietioiiHaM may '>e neee««ary to prevent their takiiijj. dryinji, or cnnn^; lish therein,
or Ml aii,»' other nniiiner what«*vei' ahnsinj? th-- privilc^en" reserved to them, eonfiiHiou
has arisen in Canada and also in the I'nited iStates — on the Caiiudian side l>y coiivert-
injj this liniitation of a jjnarantied privilege into a universal one, and on onr side by
overlookinj; the indnbitaldr fatt that the |>raetice uf iiationM recognizes a broad line
b(<tween liMliing vi-ssels and ordinary nierehunt vessels, granting to eaeli elass privi-
leges not posHfssed liy the «>ther. From a time at least ns early as A. 1). IH.'A] to the
present the<daim of Nova Seotia, and afterwards of Canada, has been inllexible, that
a tishing vessel is kiiI tjcneiis, and, if foreign, luis no privileges within Hritish bays and
harbors, except those speciiieally anthori/ed by some law of Great Hritaiu tir of her
domini<nis. or l>y tnaty, or by ilie strictest rnles of linmnnity ; thongli at tiines this
claim has lain dormant in i>art, and (Jreat Britain herself has not<init<> coii:itenaiiced
its practical exercise to its full extent. During all thii) period this construction, al-
though ot"ten complained of by the United States, never ha;i been practically over-
thrown by us in any particular.

Very soon after the ratilication of the convention of 1818 the British Parliament
passe.l tlu> statute, chapter III!*, (teorge III, which condemned to forf<'iture v«'ssels (»f
the I'liitcd .States, and of nil other nations ftucigit to Great Ibituin, tisliing or "pre-
paring to lish " within the pridiil)iti'd waters. These words •'jirepanng to lish "
found in this early act have been the cause of many troubles, and are susceptible of
a variety of construction. They have been found in every provincial and Dominion
statut«' relating to this matter passed at ditl'erent perioils, four or live in all; and
they have received tl-e sanction of long practical acquiescence on the part of the
Initi'd States, and, we may also add, the fell and cordial approval cd" so distin-
guished an American law writer as Professor Piuneroy. On the I'Jtli of Marrli,
IS'M\, nearly one year before Presid<-ut Jackson went out of otHee, there was
passed the act of Nova Scotia, the model t.f all the legislation sim-e enacted, at
which is aiiited the thirteenth article of the treaty jift negotiated. This act was
specially validated by royal orders in council, '\ud provided that local otUcers might

137

138

THK KISIIERIKS THKATY.

iHiizi) ninl liriiijj into port vesselH hovoriiijj on tht> coiiHts of Xova Scotia, ami ropt^iiffd
tlio pt'iialty of fortVitnn' for those tisliiii;; or " iiU'inriiiK to tisli " witliin tin? ])ics<Til)('(l
waters. It al.so proviiled tliat no |m r.son nIioiiM Im* admitted to elaiin tiie ve.HNel H*>i/«Ml
witliont liiHt giving srcnrity for coHtN not exti't'tliiiK lid imxiiuIh. It alHo threvr on tiio
owner tlie Imrtleii of |uoof i.i any Huii tonelunu the illegality of Heiznrt<. It so ham-
pered tlie rifjht o," aetion for nnjnstitialde arres's of NesHeis nn to render it snitstan-
tially W4>rthie»s; and it was ko extreme in its provisions that the vessel eonid not ho
hailed <vitiii>iit the cniiMeiit of the per-ion sei/iiii; her. .\1! these pi'ovisions have heeii
continned in every statn'e of t lie Pominion from that time to tin- pusent.

In A. I). I8.t8, l'^:t9, and 1S40, diiritiK tliff a<lministratioii of .Mr. Van HiiriMi. ami
while John I'orsyth was fSccn'l.iry of State and Levi Woodhnry Se( retarv' of the
TivaHiiry, sixleiMi «>f onr vessiOt, were proeiieded ajjjainsi at Haliliix and all coi.tiseated
except one. Durinn the fiist year of the next administration, and while VVelmter
was Secretary oi State, si'ven were seized and proceeded jiiiainst, only two of which
were restoiid. Thew prosecntitnis weie nndei this statnieof iKWi. It is not certiin
that Mr. Forsyth kiiew of iis existiMice nntil near the <'l<me of his term of otlice,
wln'ii he made an earm-st remonsi ranee against it. The records also fail to show that
Webster in any way took notice of it ; nitln>n;ih after NVrhster retired fri>m the Cah-
inet, Mr. Kvereii. while minister at London, nndcr instinctions tVom Mr. I'pshnr.
then 8«'crerar\ of State, reiterafet), the complaints of Mr. Korsyth. When Wehfif'-r
n^ain hecame Si-i'retary of State, and not loii^i before he died, lie made the faiiKMis
speech at .Nlarshtield. in which h<-said:

" It in intt to be exi»ecled the Tnited .St.ates would Hiibinit their rijilits to be adjndi-
»'ated in the petty tribunals of the provinces, or tlmt we shall allow our own vessels
to be sei/id liy constables or other pet ty ofheials, and c<Hitlemned by the luunicipal
<'onrts of IJinebec, Ninvfoiindiand, New Biiiiiswiek, or l"ana<in."

Not w'tli'tandin;^ this, Iroin the time the statute was enacted in A. I). Hili till the
present iiejfotiations, not only was its repeal or modilication nut sciurcd by the l'nit«-d
States, and not only contrary to the phrases of Webster <lid tlie Fiutetl ."^tates submit
the rights of their vessels to Im' adjudiialed in the tributuils of the provinces and allow
them to be si'ized by provimial constables ami other provincial petty otileers, but in
A. 1). 1S<5.'', and afterwards in A. I>. l"<#ti, the dominion, without protest from us, re-
enacted ami inteiisiiied the law of l-:f<l by statutes ever since in foro«<.

Tlie dispnfcR covering this tirst period frtnn A. D. 18:{<> to A. 1>. Hr>4 were coiidned
mainly ti> four i|iiestions:

(1) Whether jjreat IniyH, like those of Chalenr and Kinnly, were hays of the Ilritish
dominions.

y■^) \\hctlier — and thiswaaa broader <|nestion,tliouKh not perhaps wholly distinct —
Great Mritnin c«inld lawfully run aline from headland to headland, so as to shut in groat
bends like that of I'riTice Edward Island and that on the east coast of ("ape Hret<)n.

(U) Whctlier the provincial olHcers cmild drive out our vessels from provincial bays
an«l harbors when, io the judgment of the anthorities, they (li«l not in nust need shelter
or ri'jiairs; ami ■

(•I) The legislation already referred to.

'I'lu'se qncHtions were imt in all respeetH analojjous to those which arose between
A. ]•. I'^ilJ and .\. I). l'<70, and which havei a^ain arisen in the last two years ; hut
wliatever they were, none of them were settled and all were postponed, and for the
tinii^ bein^; snbmeruetl in the reciprocity treaty of 18.'>4. In A. I). l-iiKi. at the expira-
tion by notiee from the U.iited States of the treaty of 18.i4, theilitllculties touching
the flHheries were renewed, and they continue<l tintil Hiispendecl by the treaty of
Wa.sbington of Iei71.

l>nring thin {lerioil t>nbstantially every qnention arose which liaa been in dispute
withiti the last two years; yet not one of them wiw peiina'ventlv settled by Congress,
the Executive of the United Statics, or by thn Treaty of Washinjjton. Tlie consular
correspondence in the summer of A. D. {riTO shows that our vessels were then for-

it

pa

act

tei

• ill

'<ief

n

THE FISHKIilES TREATY.

13a

repeated
rcscri'xMl
m'l sci/cd
w (HI tho

I HO 1)11111-

Hiilistaii-
M nut l>«
avo Ik'l'U

ifHti, a'l'l
IV of tin'
»i.tixrat<'<l
VV"l>sU!r
«»r wliicli
t>t cert li 11
I of ortW'i',
hIiow that
I till' Cali-
. rimliiir,
I \V.d)8t'r
lie I'ailloUH

\)v atljndi-

kVIl VCSJli'ls

iiiiiiiu'ipal

<.\\ till the
lie. VmU'd

tOH Hlllllllit

»aii<l allow
.•IS, Uiit ill
■oiii IIS, rc-

:«• roilHllcil

the llrifiMi

ilintlnct —
lilt ill great

Hietoll,

lu.ial Itnyn

'e»l Hhelter

»> hftweeii
years ; hut
aiitl for the
the expira-
H (oiichiiiK
e tr«aty of

11 tlinpute
f ("oiinreHM,
It* eoiisular

then for-

liiilib-ii olitiiiiiiiiK liait and all other siii>pliefl in Canada, and were exeliideil from Do-
niiiiion ((ortu except when i»uttin>( in for the purpoNen expres.'ily nuiiiod in tiie Conven-
lioii of 1818. Niiine<-oiiH HeiziireH were made at that time, followed by forfeitiircH, one
of wliiidi wan the \v«ll known eane of the ./. If. yirkerHon, a vessel i»roeeeded a^^ainst
at Halifax for pnnhasiii;; liait, while the L'nited States took no action whatever con-
oernitit; her and made no riclamation, «o that she liecaiiie a total loss to her uwiiers-
This period ended in the treaty of lf^71, as did that which closed in A. J). lHr)4, with,
out the I'liii'cd States securiii;; favorahle interpretation of any ii;;ht in dispute.

The references to the treaties of 18;')4 and IrtTl are merely for the necessary purpose
of showinj; their heariii;; on the jiiescnt status. I'liose iiej^otiaii'Uis were on a much
broader Mcah>, and may lie said to have involved larger (|iu'stiou» than those now
under consideration ; althoiijjh everythiii); which eiidan^iers in lh(> least the liariiioiiy
of nations must he regarded as tonchini; the iiossihiliticsofjricat consequences. The
nation would not brook that the liinh motives and j;re.it skill ami ex|)eiience of the
gentleiiie:i conccrnc>l in the ''>nnalion of those treaties slionhl not be at all times <lo-
<;lared. The treaty of 18')'! was a bcneiiceiit production of btoad statcsmaiiship, a
blcssinj; to the coiintry, and its i;o!>d results have cdine down to this date in the en-
largement of roininei'cial relations with Canada, which is amoiij; its Icj^itiniiite i.sMie,
and lia.s already loiiji; survived its own uxistence.

Tin' nejiotiaiiiMis of 1*71, as well as tbe conscijiient proceedings at (biieva, were in
the hands of jiractitcd statesmen aim juri>t», led by a .'>ecretaii of blatc eminent
alike for his private and |»ublie virtues. These citizens had been honored by the peo-
ple with many trusts: but for tbeii diploin.itie jict innplishinents at \Vasbiii;;toii aid
the verilit:t at "'iieva they will also be honired by histo'-y. While the purely acci-
dental result of the Halilax commissiim must, iii coiiiparisiui, be re^arde<l as the
Nplntterin;; and tlicKeiin^ of ,-i faiiliing candle, the exact co.^t of which io known but
will soon be forgotten, the moral spectacles of the grander arbitration between the
l'nited i^tates and (treat Mritain. and of the treaty whi« li led to it, have niveii out a
liv;ht whicii will shine on and on for the iliuminini; of civili/atitni so Ion;; as the
l'.n;;lisli fon;;iie shall bt> sjioken. Considering all the >^reat i!itere-,ts wlinli those
iie;;otiators had in hand, it was not surprisinir that it was dcinned by tht^n >ul)ieient
to jfive the fisheries a temporary peace, which also they had reason to exjii ct wmild
become permanent. It is in no sense, tlicrdore. in a depreciatory sjiirit that we refer
to these events; but only because dry tint li rei|iiires that their ineiden»al eU'ect on
the issues with which we now have to deal should be clearly stated. Tiie protocol
of the confereiici' of the commissioners held May 4, A. I). l^7\, is as follows:

"The British conimi.-sioiicrs stated hat they were prepared to di.scuss the ((nestioii
of the fisherieH, either in detai! or generally, eitherfoenter into an examination of the
respect ive ri<;hts ot the two countries under the treaty of IrtH ami the jjeiieral law
of nations, or to approach at once the settlcmeut of the ijuestion on a comprehensive
basis." ' : ?i.

Our commisssioners sel.-cted the latter. The result was no issues in controversy
eoncerninj; the lisheries were decided, and .ill were postponed: and a rule ot nt.i;o-
tiation was adopted for that tojiie. which has since, justly or unjustly, Kivon ;;reat
dissatisfaction to the interests inv<dved.

It thus .ippears that this I'ontroversy coinmeiiced more than a lialf century since,
and durin^ that period nothing has bei'ii dt^termined. After (luestions have continued
so loii;j unsettled and have been twice formally poslpcuH'd, it necessaiily remainsthat
it is dirtb ulf for either party to ^iress its full riijlits to a complete c«:iclusion in all
particulars. Traditions become ti.\ed on one side m- the otlier, systems of le^jisl.ation
acenmulate which become inextricably involved with the ;;eneral mass, and the co-
teu;porary facts and unilerstandinRs are lost or assume new pliase.«i. Claims made by
(ileal liritain, or by Nova Scotia or Canada in her name, have stood so lonj; without
.•ielinitive reverml that they ^uined such strength aa to bo in some particulars quite

140

THK riSllKUlES TREATY.

jiy. dirticult of (listinliiiiice as tlioiigli i)rij{iniilly b.isi'tl mi noihhI jtriiu ipli'.i and iioiioit
riilen of coiiNtniction.

Tliis \\t\n the status of flii'st- <|Mi>sti<ins when flu- )ir's«'iit iifjiotiatioiis ci>ii' I'ui-od;
jt't't tbniicr ailiniiiistnitiiins liatl tiol fail<'<l to n'wo soint* iiidicatioiiH of tlio Hiiitablu
inotlioils of iiitM'tin^ th«'n). Fn the dispatch of Mr. Seward, then Scrrt'tary of .Stall',
to Mr. Adams, tlimi oar iniiiisttT at Loniloii, of April Id. A. I>. I'^titi, Mr. Si'ward siiy-
gealtul a mixed commission for the following |iiir|>iiscs:

" (I) 'I"<i a^jrce ii|Miii and dcliiie h,\ a scries of lines the limits which Hhall m^]tarate
tho excbisive from the coninion rijjht of lisliin); on the <'oasts, and in the ncas adjacent,
of the Hritisli Nt»rth American colonies, in coiifurinily with the first article of the con-
vention of isir*; ih,. ^,4id lines to he re;;Mlarlv nuniliered, diil_\ desciihed, and also
clearly marked on charts {irepartMl in duplicate for the piirpoM).

" i'i) To ajjiee upon and establish such rejjnlations as in ly be necessary and |tro]M'r
t«» Hccure fo the tishennen of the I'mit'tl i^iales the privilej;!' of enlerin;; bays and
harbors for the purpose of shidter and of rejmiriiiji damii<;eit therein, of purcha.sin^
wood and of obtaining; water, and to .•ij;iee upon anil establish such restrict ions as
may he necessary to prevent the abuse of the privile;;e reserved by .saitl convention
to the tishermeo of tho I'nited StatiM.

"(,;{) To a^jree npon and recommend the ])enalties to be adjiid>;ed. and siieh pm-
ceedinjrs and jurisdiction as may be necessary to secure a speedy trial and jm'Ltment
with a.s little expense as possible for the viidators of ri^hla and the transgressors of
the limits and restrictions which may be hereby ;\dopted."

The "memorandum" i>repar"d by the Department of State for the iiiformatioii of
the eommissioiiers who, on the part of the riiited Slates, iissis,.Ml in nejfoiiatiii;; the
treaty of Wnshinjjton of 1S71, contained Hiiggestioint for ttiljnstimnt in the foUowinjj
hin>rna>.'e:

" (\) Hy aureeinji upon the terms upon wiiich the whole of the rewrved lishiiiy:-
gronndH may be thrown open to American tlHhermen, which mi^lit be aceompanieil
with a repeal id' the obnoxious laws and the abrogation of the disputed reservation
as to ports, harbors, etc.; or, failinji that,

•'(■2) Ky ajii.^einj; upon the c«>nstruction of tho disputed reniineiation, upon the
jirinciples upon which a line should be rnti by a joint commisMion to exhibit the ter-
ritoiy from which the American lishermcn are to he excluded, and bv rci)calinf{ the
obnoxious laws, anil a^recin^ upon the measures to be taken for enforcing the colo-
niul rightH, the penalties to be intlieted for a forfeiture of the same, and a mixed
tribunal to enforce the sam--. It may also be well to consider whethiM'it should l)e
further agreed tlia« the lisli taken in the waters o]»en to both nations shall be ad-
mitted tVee of duty into the Unitt>d Slater and the HritiHh North American colonies."

It w ill be observed that the Hiiggestions of Mr. Sewaiil were siilistantially repeated
in the instructions of A. I). Irt< I, and were al«'.> eiiibrjued almost in terms in the jiro-
pf>ital8 aceoui|ianying the dispatch of Mr. Itayard to .Mr. Phelps of November 15, 188i);
and the treaty just nenotiati'd. it is believed, aeeoniplisheH all wliiih was couteiii-
]>lated by them.

The words of delimitation of the uonveiition of IHI8 are tis followa: "On or within
3 luarine miles of any of the I'oastt^, bays, creeks, or harbors of Mis liritaiinic Maj-
esty's dominions in Americu." The prohibition of I^IH covered in lirms nor only the
coasts, but also the bays of the Uritish dominion; so that a fair construction of the
laiiKuaKe could not be met by running a line which at all points followed the wind-
ings of the shore. Such v. as apparently the theory of Kih^ard Hates, the niu|>ire, in
his opinion given in the case of the ll'iinlihujloH, decided uiider the convention of
1»5;J, whendn he used the following language: "The conclusion is therefore irresist-
ible that the Bay of I'lindy is not a Hritisli hay within the meaning of the word as
usril in the treaties of llf.i and If-IH." So also Mr. Kvcivtt in his note of May •.'.'>,
A. D. 1M44, iwid: "The vessels of tho Uoited States have a general right to approach
all the bays iu Her Majesty's colouial douiiuious within any distance uot less tlmn^

TUK P^ISMKRIKH TREATY.

141

:i iiiih"*," It \n !M>t, liowoviT, ti> 111' iiiiddrHtonil liy tliis sii'.^i;c.stii)ii that tlio "In-ad-
Iniul" tlicor.v i.s at all acM^ciiti'il. Tliit jihsiiiihmI In run a liii<^ Hliiittiii;^ In all siniiosi-
titMof til" coast, witlioiit ciMisiilcrin;? wlu'tluT or not |)articularhoadlanil« marked
Jnri>iilicti(«iiil liav.s. or, in otln-r words, bays whirh wcn' ]>rupiMly jiarts of rlic IJiitish
doniiiiions, and it is now iipprovtMl,

That thiMo may 1><' no nii.siin(I««r.standin<,', lot uh f»dlo\\ this diMtinctioii a litth- fiir-
tlit'r. The IViiHh'nuitini was seized in tin' Hay of Fnndy in A. I>. is.j;?, and that raiscil
n <|neslion of the " Iciys," that is, whether the whole of Fiindy was a part of the
llritisli iIoininiiinM. The ..'-(/hx whs seized at ne;nl.\ thc^ same tinn« in t\w yreat bend
ofCajie Hreton. A?, t he alhilsn its on (ile fit llalii'ax show, she was ea])tiin'd less than
•2 miles wiiliin a line from (.'aju' North to Cow 15ay ; and that eaptiiro niiirUed the
" heiidl.ind" dispntt^H.

The opinion of ilie law ollii-ers o( the Crown of IHll, in answer to the seeoiid and
ihird (jneries, said. erroni'iiiisl\ , of course,: "The term ■headiiiiiir is used in .ho
treaty to esprosM tlio jiart of land we have before irientioned, inelndinj; the interior
of the buys and the indents of the coast." It may here be saiil that the same opinion
in answer to iho fourth (jiu ry denied the frtM; rij!;ht (if navijiatinj; the tint of Canso.
Mr, Stephenson, oiir minisiiM' at Lmidon, recoj^nized the distinction in his note to
l^ord I'alinerston of .March 27, A. D. I8;il), wher«! he said : "The provincial authorities
4iNHiime a ri;iht to exclude the vessels of the United States from all their bays, includ-
in;{ those ot Fiindy an<i Chaleiir. and likewise to prohibit their approach within '.\
miles of a lino drawn Irom he.idland to headland," etc. So Mr. Kvereit, in his note
'o Karl Aberdeen of May 'iU, A. D. IHU, admit'ed that it was " tne inti'iit of the
ti'-atN, as it is in itself reasonable, to have rejfard to the «^eneial lini' of the coast,
aii<l to lonsjder itsbavs, iiitks. and harbors, that is, the indentations usually so ac-
«'oiiiited, as inclndi'd within tluit line."

Now, the present treaiy aiip.irently holds to the rule stated by .Mr. Everett, except
that it detiues wlii.i has herotwfore been uudetined. This, of course, is subject to the
qiiiililic.'itimi that, exci-pt in special cases, in A. D. lHl-< jiiiisdiction bays were
limited to those not exceeding i! miles iti width between their headlands, or even
to uairower ones; while the present treaty has a<h>pted the more nio<l»^rn rule of the
10 miles openinj; as a pr.ictical and not injurious solati<i/i of this whole itispiito con-
cerning bays and headlands.

Therefore, under the convention of lulH the (jueHtion arises in every ca.se: What is
a jiirisdicfioiKil bay, that is, a British l>ay, or, in other words, a bay whicdi was then
ii part "id" His Mritanuic M.-iJesty's dominions In America?" This having been ascer-
tained, another question arises, whether any bay which was not jurisdictional in
A. I-). IBlS luw since become so inclosed by the growth of population that, on the
prini'iph-s by which we claiiii as our exclusivt* waters Clnsapeaki' and Delaware
bays and Eong Islam! Sound, wc may projierly cmicede it to ({rcat liiitain according
to its existing circnmstanceH, as an inducement to a suitable and just arrangement
of all (|uestitms (d"deliinifation? With reference to this (jnestion, and indeed with
reference to all this bianeh of rhe case, the United States, with its extensive coasts,
its nnmerotis bays, its r.'i|iidly increasing population and commercial interests can
not wisely permit a narrow precedmt.

The bay of Chaleiir, the shores ot which in A. D. l-'l''* were uninhabited, has by the
advance of population become a p.art of the adjacent territory for all jurisdictional
purposes; ami it has cia.sed to be of special vilne looiir ves.st Isexcejit fur shelter or sup-
plies. The same observations apply with greater force to the bay of Miramichi. The
bays of Egmont and St Ann's are hanlly more than mere sinnosities of the coa.st ; but
they and the excluded parts of the Newfoundland bays are of no value to our vessels
for lishing. It is not unreasonable to grant the relea.sc of all of them, in view of the
fact that as to all other waters we remove long stamling disputes. It is not to be ovcr-
Jookod that all these bays have long been clainjed by Great Britain as of right.

*T-r''". ?-•■"" '■''-'*"*- '.-*'-"'*

142

THE nslIKKIES THKATY.

At the iiioiitlH ofnll tin- ttiiyn ili'simiaici! in tlic ticaty Ity M.iiuf, tin- foiirth aitirlo
niaki-H N|ii>ciitl liin'n ot'ilcliiiiilation. riurc .scomih to In* an iiiiitnvssion with humio thitt
thH cxrhiMJon iM :i niih'K m-awai'il llirrrt'ioni; hut thin in plainly iTi-nnriiim. Kach of
thoK«> lines in run from nne pinvortni Iii(ht (<> another, e\<'e)it one terminus at Caj-e
Suii'ke. which in a promontory over 7(10 iccf in heij^lit. The external periitlwries of
vi8il)ility of these lijjlits overlap each other v«iry «*'»nsi(|eral»ly on eaeli of these lines,
HO that for our v«'ss«>l» danger in in)t wheri- liays have tteen Npecilhally released. This
will he found at the :< tidle limit from the open Nhofo, whero it always has liet-n.
Theie is, however, eoiit"n>iou ahont this, and some dehit the treaty jusl ne^oiiaietl
with tlio in«vltiil>le lia/airdH coiiHeipuMitial on tliti prineiplesof that of HIH. If the
cotninJHHioii of delimitation is appoinletl as the treaty provides, this commission, of
course, will, as Mr. Seward and Mr. l"i-«h fore>aw, diminish the dan;L;er on the open
coaHt, hy Kivin^ oiitho ehart» wliiidi it ]»re|tareH Itparin^s of li^htM and other inark«'<l
]ioiiits; so that vckm'Is l»y the iiid ol these heariiiv;s will In' aide to ]irtdect lI'einselveH
in some de;;re«!. Neverilu'less. there are the nii^hts and thick weather. I>nt the cini-
BeqiienccH of tlifso are inherent in the priindple.s of the eonventiuii of |H|8, and will
he <1iminishiil and not eiilar;:ed liy the itr.ictical woikini;s of the present treaty.

In tile (asi>ol' the U (ixhiiiiititH, .Mr. Mates referred to the treaty heiwceii Franco
and Great Itriiaiii of IKU), exulndini; from theeomiiion vitiUt of tLshiiix all hayi, the
numtliH of whi(di did not exceed Ic mile.-i in width, and indorsed this as a proper li:iiit.
In the treaty between Frai)e»< and tJreat Mritain ol ls>7 tln< same limit was adopted;
and it wa.s approved liy the eommon Judgment of (ileal nritain, the (iermaii Knipirt*,
Helninin, Denmark, rr:iiice, and the Netherlamls, in the in-aiy eoneermni; tin- Nmih
S«'a tisheries, si-^neil at The Habile May li, A. l>. l^—^. With the weijjht of inteina-
ti«inal con.sen.xus in its favor, and lii view of the interest of the United States to aiil,
l>rec<«dentN wliieh will enahlu ii» to atVord proper protection to our exteiiHivc coaHts,
aiid admitting; the necessity of tindin;; some practical iiietiiod of didimitation. thin
rule seems on the wlndo convediciit. wise, and not unjust .Moreover, consideriiiL; the
iiubility of onr innckorcl vestwdH, Miihstantially all of which use th(« piirHn m'lmi to tish
in Hhallow waters alouj; the troast. and that very few .\merican tislierineii, |)erha|KS
none, in the purs. lit of halihiit or cod ilesire to tiMh there, it is impossitde to l>elie\e
that thi.s ruin Hiirrendcra aiivthin|r of eHKcntial valiu' ti; ns.

It isfairtoadflth.it the ten-mile rule was appirently not «'oi);.;»'nial to Canada. In
the p''«>P<'>»i»l'' ""kI"' '"' '>''at Hiitain in t he aiitmiin of .V. I), l-^d'), .Mr. Ita.\ard, after
recitiii); oiiliHtaiitially th<t HUtf^estioiiM tniule hv Mr. Heward, and ulahoratiufr them,
offered this rule; hut the .Mar<|UiH of S.ilislmiy. in his reply of .Mar< h 'J4, I""*?, eoni-
iiK-nted that tliitt" would involve a .siirreiuler of tishiii;; ri^IitM, which ha\ u aiwayu
been rcKanlpd as the Mxclusive |»roperty of Canaila."

The s|iec!tic ilelimitations at several smaller hays will, on examination, he found to
he ill haniionv with l he views of tin' I'niteil .States a.s to the proper re»ults ol the ncn-
oral rules of Hlf". On tlie, wlio|«% hy this part of the treaty a Ion;; and troiildcscnne
disput*' all'or<li4 prmnitic; of hciiiK eudetl without cither party giving np anytiiing of
value.

Next, the treaty toiiclics the matterM which liave involved oiir liohiiiK voH.sels in
their most (mtiouh troiildeci, fnHy coveriiijj reports to cnstoiii-hoiiHeH, fees, and other
charges, cases of disaster and <listress. ami incidental Hiipplies such as merchant vcs-
ttels I'uy. It is of course impo.ssilde to anticipate ail the t^ncstions which may ari>e
as between coteriiiinoiis peoplcH, even with the luost careful phraNciWogy ; and there
are s<mie matters wljieli can not he conlitud within fixed terms without limitiiij; the
rights of one jiarty or the other to an extent to which neitlu't could he s-xpected to
suhiiiit. Among these is that diserctioii w hic-li aaust be exercised on the one side hy
the "skipper" who inns in for shelter in diciiling whether or not it is prinlent to juit
to wa, and on the other side hy the revenue authorities in tletermining whether or
not the veas«d is hovering or loitering nnlawfiiily within the waters of Canada. Biivh
uiatteiK must in the main be disposed of s^iti-.autorily by the practical operation of

V. hat
atel\
Th
varii
Thes:
iujii
ordi

■

TIIK FISIIKKIKS TKKATY.

143

>vhiit Ih i^x|>r<"4s*<<t mill hy tlio limitiituiti iinpoHcd in tlio iirHclM which will imini'di-
■,»l«'ly I"' coiisiiltTttl.

TIk' trt'iity iu«xt Ho^kn to all»<viati< iho hurdsliips of tlio Ii-^.i! i»r<ic««Mliii;^s wiiich
vitrioiin HtiitiitcH of tltt> provitK^n iinil Mie Dominion Imvn inipostMl on foroiKH v(>NHt>!>t.
ThcMi' Ntiilnf<<>< cxtt-ndfil to tisliinjj vj-hscIh systcniH of jirKci ilnn- wliidi aro with Ichs
injiistu'<« ai>pli>'il to iMi'i'cliaiil iiKMi. 'i'hr ialliM' rouH- voliiiilarily into port, and art)
ordinarily fnrnisln'd ciihtr wiih rniiit or caKh tliront^h fhcir conHijrni'CH, onahlin;;
thiMn to protcrt tlii'Misrivcs in r;i««' of" liii^rjit ion. Ki.slii '4 vt'SHt'lH, liowcviT, fspcciaily
tlnmn pnltinn inio ttr;in;;«' watcis niculy lor hIm-Ihi, iiavc no ^tnch aids and lioiinontly
l.avf with tlifin very !iltl<« i-asli : and iln> nsnlt has hn-n that tlm torn ih of procwtnl-
i"K'*t wliii'ii nii);hl iioi lie i)nrd)-n?4onit' tor nn ri'iiitiitni^n, have, with rffiTcnco to lisli-
inn vt'HMdM, oltHlrnctfd tiui course ol' jn.'^tici'. 'l'li:on;,'li Ihi- inlfrvcntion of coiinMid
»'niploy«'d by th«» 8»'('ro»ury of Statt- for ol».sorviii)i tln< trials of thi< Duvid J, AdaiiiH
anil thr /•-'//« M. Ihni'ilili/, there jiavi' hccn n'riMvi'd prarliral IcssoiiHir. tin- dillicnltii'S
Knrronndin^ lishin^ vrs.sids nnder thr stutntt^ti and proc-f(idin]i;s of the c-onrtrt of the
Dominion. Am already cxplami'd, tht'»i< hud Itcen allowed to thrive ho lon;j; without
any .siueeNofnl elVort on the part of the I'nited iSiates to jirevent their j^rowth, that
they had liermne too dei-piy rooted in the 'general mass of Canadian Ie;ii.slation to-
jiermit their hein;; t>ntirely drawn out. If is believed, however, that so far .is thi.s
article may fail to remove all these .JiOienltieH detail by detail, its lindtation of p-n-
nlties, except for ille^jal tishinn >>r pnparnlion therefor, will do very much to prevent
injiistiee under an.N l'irl'lllu^t»n('eH ; vliile iis to ve.ssels [loarliin^, it is lor the interest
of eueh (Jovernnient that they shall b« restrnined by seveni |inni.shmfMits.

To follow out till- matter mori- in de'ail: A fishinj; ve.ssel is seized in tlni Bay of
St. Ann's, or up in tin fiulf of St. Lawrenee. Under existing; statutes, tir.st of all,
ami before she can claim a trial or take teHtimony or other atops towards atrial,
she is re(|uired to furnish security lor costs not i'xct'eilinjj ^'ilO. The j>t:ictical expe-
rience is that lishiiijj; \es«el» taken into slraiiKc ports are rarely proviiled with funds
or creilit, ami therefore they are compelled to connniinicate with their owners for us-
Histance, and by reason of the conseiim'Ut delay are umible to take even the prelimi-
nary rtteps belbre the sharesnuMi scatter ami the witnesses are lo.st; be«iinse slianjs-
nien, not bein); ordinarily on wa^jes, can not be held to a vessel moored to u pier.
Tiiis provision *d' the Canadian law is not singular; in our own admiralty courts no
person ran ordinarly claim a li.shin;^ vessel, <tr whatever vesstd she may be, without
fiiruishiu); like security. I'mler the treaty this disappears; anil iu prai.-tictt this re-
lief will b(f foiiml to be of ^ri-at benefit to our lisherifien.

Next, the courts into which all the cases of these liKliin<r vessels have Ik-cu brouu;ht
are not provinciikl, but are Imperial \ ice-admiralty courts, established and governed
by the uniform rules of the Imperial statute, altlumjjh presided ifver by u local Judjjje
dosi^nated fur that purpose. Asa conse(|uence, .-ill the jiarapliernalia and feesof Im-
jicrial courts are met, and the pro^jress of the trial requires the early disburstiint ill of
lari^e sums of money common in all of them, but unknown iu our own and in the pro-
vincial courts. These are necessarily so lar;;<« that our consular correspoiideiiee shows
the burden of securin<: the <uists and advancing fees was almie siillicienl iu some in-
stances to compel owners to abamlon the «lefoiise of ves.sels of moderate value. The
8tatut«'s to which we have already referred, moreover, stipiilatetl that no \ess'.d should
he released on bail without the consent of tlie sei/iiifx ollicer; and, altlnuijili it must
be admitted that in practice this has not yet been found to create dtliciilty, it i»
annulled by the treaty. While it is impossible to anticipate or prevent all caiist-s of
lejjal delays and expenditures, yet there is no reasonable jiroiind for ileiiyiiiij; that
this thirteenth article will essentially nmderate these enumerated rij^ois.

The punishment for illejjally lishiiijj iu the prohibited w; is has always been for-
feiture of the veH.sel and the car>;o aboard at thi» tin;e of .seizure. It was not possible,
nor was it for the interests of either country, to deuuiud that the penalty im|>os)d ou
actual poachers should not bo severe ; but this article provides that only the car«jo.

141

TIIK FISIIKRIKS TUKATY.

Abimnl at Hi«' tlino of tlu» (itVn!ii«t« vnn he> furfoitoil, uiul th» prnviiiciAN ci»n not U« linck
until n v«M».t'l Iiuk tukfii n full cjiitf", iiml tlion h\v««i'|» In tln> rnniiiijjs of tlio cniirH
trip luran otlcnstM-oinniittcil p«<iliitps :it iln iinTpf imi, Moirovcr, the iirtidi' provi<lt>s
till' pcn:ilt\ nIiiiII not lio ciifoniMl until rcvicwi'd liy tin- >{iiV(riH>r->{cni>iiil in ttniiiril,
pivinjj Hpn<'<' for tlu' puNNiii); iiwny of toniporary I'Xritoniont iinil f(»r ii cftlin i-onMiilcr-
ntion of III! tniti^'ntin^ i ircnnintiuiccs. AIho, fioni tln> piiMHii;{t« of ilm .st .;nti' til' l"'ll>
tin- p4Miiilt,v t\n illi'giill\ "pit'piiiin^ to lisli " lias ht-rn forl'rii urt<. Tliift Iihn at tiini-r«
been cnnHtrucil to i^xtoml not only to propariiiK to lUh illoually, lint iiUo to a prepa-
ration witliin tin' Hoinininn wati-iH fur llsliint; clMfwIitTo. Tin' ./. //. Sirkrrmin, aln-ail.v
rrf<rr«'il to, wnn lort«'iti'<l in A. i). IfTo on this iirinnpli-, witliont any spceilic prutvHt
from thc> CnittMl StiitHH or any HnlmcipitMit reclatnutlon.

If tli«' iiliMiipottMitiariff* hail linMi winking n<>w (friMitnl, in vit-w of thi' inili-tlniti'-
ui'Hf ot tho wonlM anil of llu< fait tliat lurparation is onlinarily accupfeil an of lower
gru«U> than aetntil n«*i-onipliNluiii<nt, it may lio Unit tlio poinilty of forfi-iturtnimler
any rircnmsiani fc for thin oIIimiho wmilil havo lin-n himti'ikIiMimI ; l<nt a statute
wli'i'h lias .Htooil for nearly fM-venly years without HnrieH«fiiI ohjevtion ean not easily
be wholly overthrown, 'rho treaty, however, clearly eliininateH every prineijile on
wliiih were liaseii the foifeitnre of the./. //. A'i<'Apr/»f»» anil the jtroreeilin^s ajjain.sl
the l(?<im»i Mini the Ihnighlii . ami alM>, fakiiiij into consiilerition the other i-lements
already referreil to, it makes rurfeitine the exinine jieiialty. Imt direets that the
punislinn-nt shall 1h« tixed by the court not oxceedin^ the inaxiiniiiu, so that, if cir-
ciinistaneiN justify in any i>:ise. it may lie redm .d to a minimum. !ti Iie:i of all tli<«
other penalties ri-^iii^ to finfeitiire, imposed l>y the l>o:.iini<iii Miatiites eoneeriiin;; tliif
fisheries for teehnii-al olVensos and otVeiises knitwn and unknown, the maximum for
all siii'h will lie .*;{ for every ton of the lioat or vessel I'lincerned. ITiider the pro-
visions of this neat.\ the AV/d I/. />oh;//i/i/, eaiiyht in the ice, would havo ){one free,
ainltbo IhtfidJ, Aitamn, which ran across from Knatport into l)i«l»y basin for bait,
if she had t"ouiid herself snarled in the intricacies of foreii;n statutes and le^^al pro-
ececiinj:s, had the optimi to pay sj;! per ton, or less than §:iOO— in other words, less than
the amounts heretofore ret|uireil im aecurity for costs ami to pay expenses of defeiiHO
ill the vice-admiralty court ami jio tree — or she coiild have detnaniled a summary
ndd inexpensive trial at the place of detention.

It should he liorne in mind that the statutes of Canada which we have Immmi dis-
cus.sin); are not aimed particularly at vessels of the I'nited States, but include all
f irei>;n fisliin>{ vessels. While in all respects, even with the nmdilicatioiis wlinrli the
thirteenth irticle imposes on them, they are notour st.-jtut^is, and therefore not what
we would iiiak(> them, yet several of these niodilications are cfuiceHsions from prin-
ciples and provisions which are t'oiind in our own statutes, and concessions which we
ourMjIvis woiiltl not willingly make in behalf of f(ireij;n vesselh. On the whole, a
oareftil exaiainatiou of this i>ection, taken in the li;;lit of the ordinary niethods of
criminal procei'diii«4s wherever the comiiiou law I'xists, will show a present desire on
the part «/i'<ireat Britain and Canada to remove just raiisu of olfense, ai^d t<i cultivate
the friendship of the United Station: and take it by anil large, the net result must bu
.•luodiciim of those evils and inisforruties, throiii^h legal proceedings, which inevit-
ably await Strang" vessels in fureign ports.

Concerning the lifu^enth article, further reference to t'.se protocol of May 4, IHTI.of
the joint commisMinners who negotiated tlH< treaty of Washington will show, as al-
ready cxpluiiieil, that the American ctminiissioners preferred as- ttleinent of the lishery
questions "on a comprehensive basis." After setting out other propositions, pro and
con, which were not agreed to, the protocol iiroceeds as follows:

"The subject of the lisheries wjis further iliscussed at the «;onfcrences hehl on the
20th, 2*id, and 'i.'ith of March. The -Vnurican commissioners stated that, if the value
of the inshon^ tisheries could b« ascertained, the United States might iireter ro pnr-
chase for a sum of money the right to enjoy in perpetuity the use of those inshore
flsberiea iu couiiuon with British tishermen."

TIIK riSIIKinilS TUKATY.

145

Oiir loiiiinis.sioin'rM nftfiwiuils iiiiiiinl iJil.iMIO.Odll an flu- siiiu tlicy wfiti ini'iiarcil to
•((IV'f. Tlio HritiNh coniiniHMiniH'rN r<>|ili*>il tliiit lliif* oth-r wiih inu(l«Miiiiitt\ and iiiailo
H(>iin'i)tln'ri)liif(ti<insJo it. Siilis«'(|iifiif ly oiircojnmiHsioiMiiHpioiiOHccliiHaii i'i|iiivnlciit
tor tli« iiihliortt tiHiii-rirH tliivt coitl, fait, and IimIi Hlnmld Ix^ rccipriKally a<lniitt)'d tV)')> nt
<)nt'«> and Innilxr affir tlio Ist id' .Inly, A. D. 1^7•l. <»n llir 17lli ol'Ainil tlio JJntiHli
coinndHMiiiniTN n-pliod lliat tln>y rfj,;nrd»d tlii« latter otler aH iniidcquatt*. 'riien-njion
onr <'oininis«(i(in«TH \viflidn"v it, and tlir <i(nivalt'nf.s wcru (iiially ncjjotiuted, us tounil
in tin' (ri>aty.

In t'tannnK tlu> pri'MLMit coiiAciition tluH princiidn of nt'^otiatiun m'cniH to have lieiMi
ludd l>y tin' I'nitfd Stati-H tH)t adiniMHililc, l)nt it <in>jlit not ho dt-nied, if to imrrhiiso
l>ait and in ollu-r wnys inako tin' ulnirfH ;d' Canada and Nt-wtonndland tlm iiano of onr
tlHliin^ opt'rationN have u p<>cniiinry or property vuhio to tli» United StnteH, an oqulv-
ali'iit tlMTi'for innyJnNtly lio dcnnindcd hyOn-at Hritain. In any harjjiiininj; for tli«
Name, liowcvcr, all tln> ])arti*-N conicrntMl Hhonid ntand free and on «M|inil footing.
Oroat Hritain in thin artitde fretdy Htate8 what nlu) is willing to ncccpt, and if the (;on»
vtiition \h latilifd, CongroHH nniy frei ly adopt itn torins if it deunm it for the interest
of the country «<> to do.

The objeetions tluit^the treaty doeH not secure privilefjeH for bait, Hhippin<; men and
transshipping tisb are not considered lure, as they have been fnlly discnsscd elsewhere.
Also discnssion of the other ill-fonnded tdijection tliat the treaty gives ns nothing
Worth pnrchasing is omitted, beeaiise it makes no attem])t to purchase anything. It
gives no consideration whatever for the benelits whi<'h we receive under it.

Mutdi has been mikI by the opjioiientH of the treaty <'oncerning the reciprocal ar-
rangement of \. 1). lH{iO; and indeed some of Ihcm appari'Utly suppose a treaty with
(ircat Hritain was then made. The most convenient way of nnderMtamling that ar-
rangement is to turn to .lackwin's proclamatifui of May iJIt, A. I>. IKJO, by which it
w:is brought to its completion; and its entire practical ilVect is niude clear tVoin the
circular of the .Secretary of tlie Treasury to the cedlectors of custoius of October G, A.D.
IH:{{», and by tln^ cn-dcr in c(nincil of November ."> of the sauie year.

AX'hile this nuirked u long stt p ttirwar<l in reciprocal arningcments with the neigh-
boring provinces, so that it afiorded the .Secretary of .State, Mr. Hayard, very just and
jicrsnasive argnnu'iits in favor of the most liberal treatment by Canada of onr iishiug
vessels, yet its very letter, us well as its spirit, related exclusively to vessels engaged
in commerce and to merchandise curried from tho ports of one country to the ports
of another. Not only did it not contemplate the jturchase of tisliing sujjplies to bo
used on the ocean and other facilities for tislpiig vessels, but its phraseology clearly
excluded any su<h purjiose. Are we any more entitled to demand under it as a righi
recijtrocity in matters of this sort than (Jreat Hritain or Qmada can deimind under it
reci|>rocity in the coast inj-^ trade or in tlie registering of vessels? And is there any-
thing either in this reciprocal arrangement or in any other between the United
8tateH and (ireat Hritain or Canada which renders the refusal to our lishermen of
the special benelits of the near locality of Nova .Scotia to the fishing grounds more
unfriendly, in that sense which Justifies retaliation, than onr refusal to permit Brit-
ish, including Canadian, vessels to enter our coasting trade, while ours freely engage
in the larger coasting trade <if tho Hritish Kmpire; or than the refusal topennit the
sale by the Hritish, including the Canadians, of their vessels to our citizens with reg-
istration, while we may freely sell and register onr vessels in any part of the Hritish.
possesiions? There is a wide gulf between this class of privileges which nations
grant or refuse in accordance w ith their own broad or narrow views of their own in-
terests and that class which att'ects the comfort of strangers and their property in
foreign ports. All tue latt'T the treaty just negotiated secures and perpetuates.

In the ortlcial pam)>hlet of the National Fishery Association of March 1, leHH, there
is given on the twelfth page the following alternative for this treaty:

"It may be asked how shall we deal with this matter? What can be done to set-
tle tlm ttshery iiuestion between the Hriti.sh North Aiuericau provinces and the United
S. Mis. 109 10

14G

THE KISIIEHIKM TKKATV.

Stall's f Tli'iH ciiii Jm« jlom-, jiiitl it liim tl«^ Mniu-tioii nf Mm Forty -hi iifli Cinim^iw.
Wi|>ooiit nil lf<.;iHlHtiv<> <-oiiiiii< ifinl Hrriiii);**>ii<'>itNiti)il li^t iih ){o lotck wliore wo v.i<n*,
HO I'ltr iiH t'oiiiiiKTciul intorroiirMu wim tlio HritiHli iiroviiicn.H ix coiiotirtuMl, wli»ii Mm
tn'iity "f I^IH wuH inadv. In otlifr woniM, dfilarc ii(iiiint«'iToiirw> ! I'tit Canadit in
tlio Haiii«> relation to the riiili'd tStat»>H aH n1i»> wiih sovciity yj'arn aj(oI 'I'lii-ii our (IhIi-
••rmi'U wonUI hav«i the Haiim ri^lit^ tlioy hi:'« u«iw iiiidor tli« trnaty of IHIH, and wo
Nhoiild thoii )m> ill a poNitioii to nay to li<<r : 'Arc you willing this hIioii1<| (■<»iitiini ', oi
do you (trt'lVr to dtal with un on a fair hasiNaud ^ivi' to all our \«<hmc>In, an wu aro
willing; to ii\vt> to yourH, full coiuniorcinl ri^htH in yiuir portNf '"

It Ih not propoHcd horn to dwtdl ou tliix alt<>rualive nor to dimMHs tho propriety of
the nyHUuiption of a ropn-M^ntativc cliarac-tfr liy tho National l'iMh)>ry AHMociatiou.
Hut in tlio (•vent tin- treaty is n-jrctcd, if tht< President heeds this demand, as iierhnps
•inder the law ho may, neither the liNHoeiation, nor whonisoover it representM, if any-
1 o«ly, nor, nnuo particularly, that jiart of the eoinuiiinity which now fniln to riw up
MgaiiiHt its pr<-teiiHions, ^-an, justly eoniplain.

Tlio lishiiif; intereittN of Now Kn^land weleonied with t;roat ex|»oii!ationH tho expi-
ration of f)(e treaty of H71. which «'anie ahoiit iu.Iune, A. I>. Ihh.'i; lnit tim result
has nhowii how litth> tho prosperity of these interests can ndy on piditical <<ventM.
The HeaMuna of lh8»> and IHHT, so far «« thn niookerel catch was concoined, were disas-
trous through natural causes, hotli for our own tieets and for those of Nova Scotia,
though less for the latter than for the former. Alth(»u;ili the catch lor these two
Heasons was only one-thinl of tb« catch for 18(^2 and \''K\, yet tho pricoa inadu no cor-
rcHptuidin^ advance ; so tliat the nioney a^tfJo^ato for tho two latterseasons, includ-
ing nil grailesof mackerel, ceiild not hikve heen much in e^tcess of ono-tliird of that
for the two earlier wasons named. With referenco tocod an.l other };rouiid Ibli, thero
waM a considerable diminution in the catch for tho sej^Hons of l**^!; and 1H><7, with an
extremidy low market in H-Mi and a somewhat iinprove<l market in 1H'*'7, tho net money
yield for each bein^ comparatively small. In neither branch of tho tishorics, how-
ever, were these ovila cansi'd l>y Canadian complications. Thia is well understood
with reference to mackerel, ami becomes entirely jdain as to cod when the fact is con-
Ki«loreil that in A. 1). 1Hj-:1, A. I). 1-Ml, and A. I). l-'-C), the catch on the New KiiKland
shores and (Jeorjje's Bankn exc'cdod that on tho (irandand Western Hanks, while the
rcverst' occurred in A. 1>. l-^^Ci and A. D. 1H<7. Heforo the .Senate Committoo on For-
eign Keiations in A. D. If^Ni, Sylvester C»nnin>;ham, of (ilonc;;ster, testiti(>d that —

"The price of tiah is so low now that, if wo shAiild allow Canadian lish to como in
free, our vessels would not t*ail. Tho jtrice is very low."

Mr, (). H. Whitten, vice-president of tho Fishery Union, also teatiticd before tho
(•ame committee, October 0, l8S<j, as follows:

"t^. Have yiu ev<T noticed that the duty has increased «>r that the iibseiice ()f duty
baa decreased tho price of lish t«> the consumer diirii .^ the last lift ecu years f

"A. I d«» not know that tho duty ha.s anythiiiK lo do with it whatever. In fad, it
in glrangi' that gull Jinli wvretirver no loir an ilu'ijartat thr iinnnit lime, with thedalu on."

Mr. L. li. (,'ani|ibell, deputy comniiHsioner of labor for the State of Maine, in an in-
terview with a reporter of the Kennebec Journal, on the 17th day of November last,
said:

"Tho fiKhermen are in a worse condition to-day than they have been for a number
of years, tor .'he reanon that they had two bad si-iwims in succesHion."

Indeed, the depresatnl cojidition of the lisheriea for tho last two years i.s too noto-
rioiiH to need evidencing;;, ihou;;h tho al»ove explanation of its causes seem necessary.

In this Hfate of tinancial losses and anxiety tho tisliin<; interests are, of course, not
prone to welcome anythiuj; which will not, in their opinion, give them immediate
liuancial relief; yet the writer Ni>eaks from a considerable personal knowledj;e when
he says that whomsoever may have part in advancing the wholesome and benelicent
treaty just ne^jotiated can without trepidatit'i trust himself in tho hands of the Ush-

erinen
<if tho
It i»
erel ci
hiiinoi
pnst I

Toil

THK FI«HKKI£8 TKiiATy.

UV

«run-u of Miilnfl, t1l#t1|fM> ftctiiftlly iimii our fleflfc, nnil to the Hobet seconil-tlioiight

of thoHO who own tin VMMla.

It in to li« |io|H><l tlin present wmson will bo ono of proHpcrity for the cotl luxl nmck-

tircl ctttcb«rM on each Hido of tlm lino. (»iir liHln'mion net'il it Hon>ly ; nn.l tlio i^nod

humor which would llow tlK-rj-froni would quickly Hood out the rocoUections of tho

pKttt ill-will und lt8 couHequent :niHchii>fH.

VVrLUAM L. Pl'tnam.
roiiTl-ANO, Me., iljjrii 16, 1888.

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