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Les diagrammes suivants illus'.ent la m6thode. 1 2 3 1 2 3 4 5 6 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. •-■• ■: . ■••:•).;;'. ■ op< .•, ;, / i ■ , NJC'.vV ■ ni(> ■ .' y ■ Hilt ■ M-- 'V. ■■.!',•;'■■,,. ■* ■ n<\' •' ■ ,■■ ' ■ biii i IftRT I P*>1 ' ■Vr;\ i :,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- 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 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 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. ■aJVJ 'iu V>„ ^ai ■% >^ *^,. •j^ ^ v9>.. ^ ^ IMAGE EVALUATION TEST TARGET (MT-3) 4 % // A '-^''.,^ i- & ^ t 1.0 I.I 11.25 111^ 2.2 1^12.8 f •« 1^ •" u WUU JA 1 1.6 6" C» ^V^"* > Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 87-i-4503 |\ M <> %^^ '% ^\ "C^' <#^ <!^ ^': 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 in mad llshi men •Slat T idiis IVJill ri^'lil :,'rie\ ami 1 tliob: has SI thii i As ; the 1)1 sMl):iii |il'ilitr |iort ( with I •'llOt'll intiTn The six*^y- (ir lll:i' lisbii'u eriiliHi Not 1 him, ai if, er li ity, no; lords pi Ilainl a these si \i'iirthy iiilliieiu The II iihcive V press hi pi'i'liidii flU! c ii',', and nii'iiite, All w Sm: ] August, jassed t lie scat ! would a Ihi'vdid tha till; tanfc 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 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 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. :-...;;;f;''.< ^.. ,1;, ■>;,, ...,:'. W' ■i;- r^r-r- ■f ■ ' ", :( ;j-".-- ','.-' -.titv*'*'''^'' ■;»-;ii 'i;4''.^.'. .■' ,>4'u-v,>; ;.';. ■-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 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 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 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 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 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 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 w^m ^^ ^aj %^ y^.. "^^^ \^\% IMAGE EVALUATION TEST TARGET (MT-I) m ^s "^4$^ ^V.^^ ^ #< •^ 1.0 ill I.I 111.25 2.5 2.2 IIU JA il.6 6" - <^ %A /] wj^ ^"J> Photographic Sciences Corporation 23 WESt MAIN STRtET WEBSTER, N.Y. 14S80 (716) 873-4503 * ^ iV ,v <x -(g^^ ^\ 'PkV o '^^ ^^ » I 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, "•:,_'. ■ ., ' ■ , , ,^''.\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 6 9 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; 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 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) a 1 <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 : 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 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 •b^ &. .v*. •:.?- V^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^ m 2.5 1^ 12.2 fii ly 2.0 1^ iiM ilJ4 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, K.V. MS80 (716) S72-4503 S m 4^ ^ iV N> "^ ''^>% ^ 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, 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 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 'r'; .#.'S?UliS UteiitHi 1 o.. %^^ ^a] W IMAGE EVALUATION TEST TARGET (MT-3) /. €/y h A- '^ ^o 1.0 I.I 11.25 l^|2.8 ^ »£ 112.0 2.5 22 4 !.6 V] ^ A#/ %.^ 4V^ om m Phptographic ^Sciences Lorporation <'^ ^^ vN ^*^ ..^ '^':a >> «V\ ^>^^^' 23 WFST MAIN STREET WEBSTER, N.y. MS SO (716) 872-4303 V' '<^ ■■'>■■;■■■ 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 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 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 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. t-H t> ^ik o^^^ lAMGE -VALUATION TEST TARGET (MT-3) M/^ w fc U. fe I? 1.0 i.l ^ e^ 12.0 .'I-25 ill 1.4 i.8 1.6 mi,, ^. V3 o^ '> •> M $ ^'^W HiotDgraphic Sciences Corpcration 2: WEST MAIN STREET V^EBSTER, N.Y. 14580 (71^; 872-4303 T 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^ 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 !( :: 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 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 e n s a t a : & ^ t s i 1 : •3 J 5 1. s 5 a < 1 ^ S «. £ K c 3 ? H a « A *. g tt ■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 « g-X Ir: t'-tJ ^1 a 3 B a I ift ?e OS X'^ o •^ tfi to tfi t'i 9 »o>i-- — ci^ "J S S S - ro'iji'i-Tsf—" e 5 e a a I i I i ■ C^ t-* rH I' »5 00 15 9S S ' w « X S « II 09 1> A CI CDC "« 2 ': 1 5 d I- rt uT o t-i •* ^5+ CI t* »-< 4! g '3 a S" ' — M c) a O iQ t^ I ?» §3oS5mS C4 t- iC -^ tc 10 •J W C^l © t- lO 00 CO ^ $ " * C'J « ^ •jO tr; in fM <d q rHUt cot^ao ?r o'eo"^ 01* r-T IrH 1-1 I II il lew • 05 fe m S I ill 32 i-- 558 AMERICAN FISHERIES. ^ e 1 o O .a a "e O •c & 1 E I ^ ^ o a ©■•a a O-* si" I I It 1 JtrJ 8SSS g8§ 8S8S 8 888 COQDtA CO -^ f-i IS gjs 88^ fM tH O 3 5 00 1* eo OS rt t- r C-" -g-" -T CO ^ of O Cl lO ^ CO W CO C'l -V lA U«--|»gg3V SOlfJO (O 00 COO OOOCQOO lO ci; rj o c6-«|.co Ob i-< « lo SS§2| 2o« 5^1 as"; 88 ; 88 wot in o •— f • QO O CI o> • u; o CO ^r * TtJ '"^ ^o - too L o • ^ o ft-' 00 o r^ t oo^o" O • OI-. un «? a 5 W cf w* ?IS'887 to ooo '< ScSSS : 8 rt CO CO •<*' C-I r-4i-* §J So oo (MO C t O ?-o5 tot- ^ 3 3 oooo 'V C: 71 CIOQO 7-1 CO Ol- 3588:;? oo'"^r-'ir5" s $ wo» COM"* «? — o w — o :>^ooS a coo M OS C'lOO "'f CI cococo f-H ffO r-To lA t- -^ ri Q ■VCO WOOO oom-t-^oi tfiTi^t goi- a0 94r o o O CO r- 00 cow lo ooo o6 ©q CO <v G ^«< OO o u: 5.-.C tr: o CO* tC i-J ^ ■* Cl rz o ;S' °c *i O 11 to t-tOio i« ■^ to to o oc tn Ct CM O t- r-^O OO o I- o tv: o "S 01 CO CO PI rH O t- ^^^ II 8 ;: ; S3 1:8: 3»ft .' ■» ' Oh- • is; :if:;S to 'C :S S S:S a I _ "^ r ii:2 E^^s ;»f ^^:l Si:: fl;;; iiis !!3:4J -f .« §IS •fl .o |:i ££jp;=n • • ■«>, AMEBICAN FISHERTSS. 559 58S .83; :§; fM • oo .in . • 94 90aO !2i ' > ■ xo z S3SS S 2 fiSsi S -,f rfVrf-f "■ n CSea ? f tS33 f 5 e^ -3 ; t'-* ".• E» '•< §'^ \ «•-■ • : g;;: !2 c S5 : ■ -—1 *-.•■' : s;;; ; 8;:; ; * I I I • m ' • _ SiiS^s s •3 x" =■'■5?; 1 '0 "* II:? : ■ ii-u ; ; RM ■ 1 • ;-S;8 i: 3" ii^s it g .« .« n ^ . I ?i' 0' s . .H »l ^^ ■® IS 1 .^ .o> : . .rt !gli 2 "r4 to ST.IO tfJ S 5;2S 8 10 oj" s-»?" £ t*_ ?SSS : ; tx-t* < ■ NC8>?i" ' I 2" S : • ?8;S g ?>■ «•'' II*) iH -* SS:SS S CO -«;S g i **<" 05 .H • *C V ND .-4 ^■i ■: J ; N .0 1^ ■ '3 « 30 ': 1 'i C3 ■i i S - n N U 1 t 's \r.u ■ ■•» .115' ■0 .« ;' :■* • V «■" ji 6 i-a i '• ==?'i§: ; ■■;«>. : ;;::S3 ; i;: ag : ii :i| i ;;;:?»• i .^siL^I ?S3;:5| S jf=';«S ...... 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. • . S. Ik. Hlj 30 IMAGE EVALUATION TEST VARGET (MT-3) k </ / fc #;^ l.O II I.I lil.25 1^ E2.8 1^ 1^ 1 2.5 2.0 U ill 1.6 VJ <^ /a Hiotographic Sciences Corporation i\ ^^v k'^*^"^ N> ^ 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 & 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. 5 «S, * a o C ^-. 2 s « g rft a » S »« ji &> o » fl a< R P -s o K a § e« ■^ J V » ^ a s a s B "S" a )r. a r<3 'O £ 'A e a « ^<^ r4 4^ "5 £ «3C ^•s ■ ^ •5> 8 -§ a "a o u 5 =3 o o a £ e9 t Pi g 3 « -3 a '3 B J ^ 'aatnjo 'o^ •aniBA •93iinnox •jaqratix •nam jo 'ox •atUWA. ■oaoanox I "^ •.laqraiii^ gs ss •nam jo -ox •9IIII!A S^ •9a«nni)x •joqinnfj S iS5 00 -^e -a o o •nam JO -ox^ >r) O 00 ^ •9n;B.\ C Q O < 2 "'5 • •aSsnaox >oooo 1^ O Q ti W MOC •jaqranx "" * I •0901 JO 'OX O O O "^ o 5^1 ^1 -^ Ci -T^l cq" cf f-T •3n[nA Soooo o'o'x'cgo" T ?3 O 00 t- cr> o i-( ^ ■99BOUOX •jaqoin^ o o oo o ift O ift «o t^ ■ o to ■^ : ) ^ ^1 <i a 32-3 llJli s r4- 13 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, 555 930 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 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 ...... 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. What is the cost of any of them?— A. About $15,000. 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 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 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 lit l» » .s> s.'Vj ^-..T. \¥ V^., IMAGE EVALUATSON TEST TARGET (MT-3) V k{0 V. ^^ "'m / 1.0 III I.I Mi. mm us u 140 2.0 1.25 M 1116 ^ y CPi ■em / "^^^^l '^ o^-» ^ ^ y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTEM, N.Y. 14580 (716) 872-4S03 s ^ 6^ ^ ■», 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 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. 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 h ' " .1»3I* h 1«l!i ! fc ;i; f vn 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. 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. 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." ' f. - • , «• >. ■ V' *>, .^u^ ^^ IMAGE EVALUATION TEST TARGET (MT-3) (/.. ,J- ^ 1.0 I.I 1.25 ■- !■■ 12 2 "■^^^ llli ^'^ !." B^ — S 1^ 12.0 1.8 U ill 1.6 ^. ^. V] <J? /i -y /A °m Photographic Sciences Corporation 23 WEST MA'N SiREbT WEBSTER, N.Y. 14580 (716) 872-450J .4V^\' 'WS^Sm-^^-'-V:i^ // ^ s^ 5^ A^ <^' <? «?< !5 J M^- fe o fA :/>- i 750 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 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 '&. 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! ' i 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) '^ :/. \ ■^ «/^ i.O I.I 1.25 2 118 U IIIIII.6 6" '/r ^// A m ^^ / / y Hiotographic Sciences Corporation 23 WEST MAIN STSEkT WEBSTER, N.Y. 14580 (716) 872-4503 • V / 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. 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 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 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 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 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 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 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 4 18 10 4 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 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 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 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 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 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 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 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 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 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, 500 428,000 <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 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 03 100 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 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 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 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 1 2 s 7 4 20 338 746 DOS 004 2 o o H HO ii)4 1»7 30 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 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 00 4 00 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 50 9 25 10 50 IM .50 10 00 00 8 12 7 50 10 50 (i 25 8 25 6 00 7 00 8 12 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 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 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 4.205 136 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 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 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 !)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 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 13 2 30 4 12 4 1 11 2 1 6U 1 4 5 8 35 77 260 8 12 16 3.^ 5 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 00 7 76 11 00 12 50 12 75 12 00 00 10 12 50 i:t 00 12 12 76 00 12 00 10 12 10 00 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 10 50 10 50 10 00 6 00 8 12 7 60 10 50 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 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 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 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 -• .^ •O lO O Q 'O t» t- O O I- 55«SoSooo55SoO!?oSSoSc-io8S e o a <t3 o y r^ r^ r.« r-4 C^ 71 ?> f-i rH t-4 r-l C'l 71 CO n ^ Tl ri C-l CI CI Ct ^ r-i .-H rH ^ ^ CI ?l <ri C-l r-* irtOIOOOOOIOOOOSOOOmOK^OOOQOOOlOpoOOOOO ClOC^^iAOOl-OOOOVinoClOCIOOOOOOOI'-OOOCliooo >«iirtoooot-o»<OMM«oo<e«o<05j-taooo>«e»<o«^5<ooo««i»{ooo f-t ^ f-( ^ -* f-l •-»»-• *.H r.| rH C4 e^ CO C4 F^ «-< r^ r^ rH .H ..H ^ p-< r-i r- i-t rN f-t r-. ..^ _«■ __ , I- Irt O Q CI CI I- r^ O CI »0 O O O © CMO »ft CI O O O O lO Q t/i Q Q <»ci"rt3'-<'-<eocoi5«DC-i5oioor-cicitoooiraSciiftcii?5o O CI :p t^ I* P IC O ifi O O O O O CI to »ft lO O O Irt O 1?^ o »o o o o O»5Q000Ot-lOt-O=>IQOO»-.|-*l^l'.OOt-»OI-»AMO©O jocieiscicieocjeocccJeoc^ioiOiococoNiocoNn^sco^eoMN o oomocipppm •li o CI o <f o ;^ 3 i- cicoeoeoojmcQCScis m p in tA o p o lo >(^ o lA o Q p c^ o t* I- o i5 in CI CI -« d o ud o co^i-tor-iO"*>j"i«co>*cO'«»'i« u^ l» « O ""^ O O O O m O O M5 lO t- ro o o CI 9 o o o c~i o oio t~ Smppmino •* CO CO CO CO to ^ SO p O O li^ P P p O IC S O Ifl O Q O ift I * ./^ Irt Ct CI p CI p If5 »0 t" O P 1^ CI 5i?5riClClpiftO=rClC>C'l-«>ftOl~eCCIt-(D.-l* — Scil-COKjiaoOrt ^-«rv^i/)ioic««)^^^90)3>ot-*0)t«ooL«iOiAw)ce<90>cioi/)co<omiA 1 .3 u o :sssssgss « i-< ^H r-( ^^ rH 1-1 is_^ HIM. * e <0 C^ 00 CO b* A O) S?.SJSSSSSSSSSS3g§S3S§SSSiS§§ggg§§g eotor-<»i-coa»i»ao*mcic4t-ci.-"cxigt»ciCj(^«cJO»ppios>°od<o» ,.<i-l,-lr.<ne4r.<r->>->f-li->«4C)i-IC4e4eM09CIC<C«m>-iClv-lCIClFiCii-l«4i-lca ociinaoDO)o«coc-s^r39oint>.3>ao<onc4aocDOPOc-t-c-cftHi-i •ftincooSScic4 0i-pooopci«ooopoinSoooSeSioPo 00.-<lftCU-~COCI»'^»OCDCOrO<OaCtOaO'^rS"Mn:>»/^'H»l~-^OCOOO'^.-«F-<CO*ft ^„„« „„„„ „„„„ CIC.^^^--^«r,-- I I 4 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 •c S 8 8 s 1 S I *1 c 8 tl II S S 1 ss 8i la ^ s» s^ ss <0C4 i-in 8S SSi!2S lOOift t~Ot- nuntfmmttn <so5 onn :;S; ■ ■# ■ 0.0 •5 o 0, » *" ^3 S?S5 « o Sao in^^o^tOrt^rt « 1 1 ^ 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 ^ S' 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- 11 ei5 ^ no" n « o«8S SS s "ii ' ift O O ift ift H 1-, * • M n n « o m CI n :;8 ia ': is • mm .5 i is ■ lO . ;* ;«■* • to 1 ■•• : a ' 4» ;* : ; K "Sec 1- n h n i i liiiiiJ ^^ __^ ^^ *^ _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 If rt L". «t in ^ (O »0 ^ "* -^ «0 ^ eo Sg s ss SSS3 CO o » 09 »9W.-!«»a , ♦Oil n*<s gS£;S&S&SSS3 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, ,.1 I I i "I i ''.-- 020 AMKlilCAN riSIIICIlY INTERESTS. S s t I .a 2 V u (5 i I 3 1 J I- O i'^ lO !S 3 •"9 Sf m o 5 q 111 s ■ ^ m 00 1- « <«■ 'Xao 00 «9 « OB 5* 00 e n t< S"* « «s r> t- <?■♦ {» to TTa* •»• f i o> in To m o 2 5 -i ^ « » 5 a n sill ?>.S c 1" is 11 si s •9 1 c o I 4 i 1*^ GO 1.2 3 2 sss 9IM i^ S3S2 « tn in JIM com neo s OlOQh- i~i ASra COM •A C4 Clrt 28S§ Plflf-IM SS!; «eo 10 2§ S ssss ss s «inia on If) ■ « : o .t- o -n n t • • t • to if'-lAiD lO '• <0 'CQC^CI *i * ','•'.'. 't 't\a •fmifl '•!■•■ ' t I • I ! '• i 'O ' '■ 1 1 ; '. 1 ! '■• ■ 8iO tOlO • • ' 'Ol- '?t5 M jKi- ; ; ; ;on .-^ 01 N CI ffl ^ N • N ' S : e ;2 : : 'S 't 5^ iesss is iajliS C4 liHi-t C^ , 5f.ui 1 1 ', SSst* 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« ■ fiino . • 1-1 1~ « t s nv^viniao • KSinO ; ■o 1- fi is i rt •» • lO sAcoxnriNnoocQO hrtt- tif? end 11^ s 3 a ^ >•' - c s s s m •* e> ■-( M NtOMrHrt S8 € beiS 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 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 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 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. 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 4 1 30 275 7 2 1 1 3 17 60 10 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 54 208 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. m 4 Oil K 0() 5 00 "ill 4 12 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' 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 75 7 50 7 25 !l 25 ,',0 12 25 8 UO U 00 11 00 10 '.'5 75 12 .10 8 00 5 00 7 00 (HI 11 00 14 00 10 00 5 75 No. 3. $2 75 1 50 6 50 0'75 7 50 .1 .HI 25 7 00 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. V I. N ■> e •J ft •5 2 ^ a n ¥ 'A Hi ^ a 'I J.? s 3 COW O 2 js**^" •3 23 9^ I'M in la i t( Si e d s s a Q s ^ W PO C-I M ^ 0.0 o o o o «rf 4^ «tf «^ w w Q tf^ Ift O t- »0 »fl t- CI i^ 00 W v^ Ct CO ^>4 ^4 v^ :S »o lO »c 1/^ O p *o o '^ o o o p if^ a o CI c^i 1- t- © 5 cii- 5 175 o 5 5 r- 5 o M *t« ra c^J ."^o « ■* ^ ro 71 M '* CO 71 ci CO 000 00 OS ss s 10 3 I- 5 ei 7i o c-i o o ,^3 1-11-5 a to «■♦ O -f CO ■«*' ift CO CO s;^ 'into ■ CO -r ■ o •t C) 3 o ■?! Q r- ?> ■» c-i _j-«*0<0>Sco«0'J 2'»"«'«5^f>""nOr3 .5 03 O OS03 3 " ^ P «5 p « 1(5 t- O 5 ©I- o ?it-coo o o SIO I- CON 8 a »-< CO 3 2- •-INC1CJ o o 1)31 ^&7ICl'£o5sS •—COPICJ'-^MCI OS Q S s o g? o in CO c~ in '?3 S t* A CO (4 1H«0 Nr^lieOCI c-1 iH CI coco i-tCICI o 1^' :§{2 'i.-;(0 tn p I- 10 io t-- lo p w 5 CO t- n ^3 1- iS COflOCJi.OCOCIM 3 o o e «- 41^ «itf W fIPP I- ii> O O M CI in CO e« s 33 -5 1» m ?i 5 10 p O ift I- t- «0 p 04 lO irjcocorcioin^eO'* 9 9 00 O'*C0VC0»ft^C0^Oi0 0000 00 o -M -lA «M *^ -«•'♦-' ■*-! 32 © Tli(^ p Tl ri £1 p fl irs M O >0 m O £1 i 10 t» M p IB CI ?! ?1 ■^ p M <o ?1 C^l pocoi^co'-'4COPineor.<cOiai^c4iOQ3ini-cocoiot^co*-^rHociocac>ii-ico ^i.opcoci^toiftC'icipciftiOciri^iniococicooofoco^co^eoco^coi*! O O O O C" OSOO 00090C3 OOO if^ CI ^ lo \n\m* 10 w w ei coo p o 10 C I •^iiOin;) r- lO p p r- Ti 10 M p ffi C^ClOlAaOtOCi rHprH incQcocoio^co '«co<« o r^ p CO p ».': t- ifi TJ o I" t- p 10 n -r- CI c-J p o t- 1- CI if^ p p o ' o p •'^ ci p 10 ' C5 ira ci p p lO i(^ p ,ji,cop ^ Si^cci-* 00 p *^ coin cii-otfi^ -^10 o cococo CI 3 PI-- 'cnoci i-iiSi* ■ oci^io o t- ci p 2 Q ** O CO, CI fO'^I.OCOCOeO'fi.OCOCICO^iracOCI^**"*?!?!^^ 'ClfHCOO'tC •Soo oooeoooa 30 oolooo M*««ii ^•W«^«-*4.4«-l-»^«.« >,*W -MW'W-W^ K f'OO M ippI-P 11^ Ot- CI1-) PCI .p P I- tcouiS tsopooiocioco 111- oO'O^co ^-•lO cotococicomcico ^rs co*!rHco^ • c: so 'I' CO CO CO CO ■* • 000 o P o c • CO O CO CI CO O CO cf w ^^ -^ i-'^ - .-».■■.■ ,-.-1^''''^. »^ t», ft^ Ul '*«% >i I- fc- A* b, btjUhhcSMCSX — a a a 71 fc. b4 U » ., ,. 4 OJ 4) <V 4- ® ^ ^ fcl u t. uT?Q6SaSS^S3JS3ts?JK*!Q-cS3SSS''2^2iEis;i2'-''"'^'-''^ * * §3 9 5 q a- H a a t, w " — , « 'C *n 'C '(- 1*. t*i u, >, ■'aaaaai:>ir.^- a:a s a a ■< •< -ij "< -1 rt 3 3 ?5 « Hj hj i-s ^ h-s )-: h, h, hj I-, <) "il «) <J -05 o5 a6 tfi M 932 i a a o I «-« 00 a s 'C K « K S e £ I S •2. e o * 3 ft S .2 3 II ;3 8 Is s n AMP^UICAN F1811KliY INTEKESTH l^ O 5 »C »f^ tf^ '^ Q »f^ O 'O W5 n o A CI ?j I- 1- A iM S I- 1- ft S'X fi n f\ rt ^ ri n t> r^ r* 15 O O CI po n :^^ 2 M f> M ■* M f ' " f M n *• « ■>»' CI d ff I 3 Sc4 S c<ra «'i C4 O s e « •So ~irf .3 (3 « n I 1 sas l."3 s S3S .5oo cooo eo> Q o ts^ cissa SS?. P; 8 .S 9 fe 88S Sono&«ocCs^8»!» rtro>r'cr5MN"«"»'#MC« eo eo eoee Site ns r3S2R ^8888i^SSg8gS^^*SgS8g 3 O O ^nm<iriftmnn««iO«MM^omci»i .~ O o o 1-- I- 1- 5 •^"O »ie4«<i S2 •en fe' ^'22222 fe fe fc- 1 ji .- u- .: u »r «'/iC: ^ f f fi K i AMERICAN FISHEUY INTERERTR. 933 8 Si k '^ s i 's- M . O to •^ a O -> 3| I. i~ rt I- * » T 2 :2 cDM«e)0«o^aoceot»<ifirieoc»0';i^)cooin'4'omo^^i00o>«f*iM^ooc«?imf-«c<?m |s ; 2 s s . a t » a s ^ eeo ooo ooq e q \^ k, s OB 2 ■a 1 g. •o ■a a S& SJt s s nnft 3 n SJ2 »(3SS; J38«( JX 3 r^ ' 812 e e i-cJ cm »8Sfe oicinco :3 f-IN . >. U, t», U-, M U b] Iri u 39 <a cc e5 e4 B a a a a B a a a a cs c8 0! ec CO .-.t^ (9 « EE J3.a J: e fc. ;- i. ^ C i. k. i^ l^^ts^Si as CI n !?.S k!fa£;Ssas?i-^-i^^ MCJ 2 as ciei 2 ^ S?2 8 I- Bo e 9 rH CI tn 1" "a -^ c-i « 2; „ re >:■ no on --ij »5 00 'j^ : cTi CO 3C cc OD 'X cc a Icif o ■♦- m ci ■ff! 5 S 5 5 B-znn'::'^ s a s b 3 6- L' -*) <* r^ «w _0 f « X 00 CAJ _ H l-> r^ rH X QC - _. - _ .a ~ ''^ ■'= _4-_-„- _•_:'"- S 3 SS c.o.e.P.sl«£ « «« BBSS s = c esB =5 =55 J 934 AMERICAN FISHICUY INTKHESTS a a a o u K X s I I 8 r 4 V 2 I f. ti : 1 ^ : 8 ^ : 3 ft. : ■8 inn 1-^ *-* 7 « 5= • s ^ it V. S-^ ^ .3 ^f. B-jf i •STE ^ e o e ■ f'tiini- '• e e e $S.^ : $$;3 as 3 ^^ ^^ r^ «*4 r^ pm iH F^ m f^ f^ i-< f-l rt f^ '^ •^ t ■ - •-• CI at CI *^ W r«( •"! 4) g ^ B >5 ts £•« 3 j4 "3 1 § 5 £ • !.•• ^» ■» .|-.»iS SRS : : . W5 .-5 O uitnts . . • e • •• :« * t i ;♦ .J 5 o o « f 1 1- lO jjSwiSift — «ci g * CO CI tJ .-5 -rn '5 O O O SCO (?>■" ■" *" ♦- •- — 1, iOr*»o CIO o fc «- « «- «B ft 5 is n w ^4 CI « 0> ;i5s 3 onS 5 rifi rs^rscJrt ceo CI 2 1- ^Si ss Cl« e I-- M S ^ i i s s C1P5 c CI n C- O ^1 ►••> ^ in lA o CI ^■♦ci «ej o t -nciui CIWCI"-" c-i IS CI R<OI- CI I-"-! rjci ■-< I i i MJiMM 5 2 2 2 2 i" t*" i" '■" "r t-" " ' ' ' " IB, fc. Ci u »« u- sab 2 (^ if.j^j. AMERICAN FLSTIEIiY INTERESTS. 93rj I a o a o 8» I p.4 PM ,H » »-i i-H M CI »- t-t irt ^ ,-i r-trH r-l »-l ^ QO C5 as o -- o I- o r^ -^ rt to iQ "1 a> lO M r- -^ r^ f? T o f- o M r^ r-« (« «3 1's Y> o r-«rHf-^riC^CI *-< <-■ r-Hr-i5>l l?i ^3 V-S ?l C-I^i ?l ffJCIffl »H ^-1 r-« 1-1 r-t f-« :| ri C< ?I ^iTI o »rtQOODI^OiO«COMQOOtOt05J'^ffcOS«ftO*OOM-»"C1000'MM»rtfOiXO 5 iH n (J S s 5l a * «<■ 'J' «(• ■* •»■ » ^ c: -r o r- CO a I- 1- 1- 1- 1- 1- 1'- 1- 1- 00 w 'c •« o c-t © I- 1-- o ift o lO o o o o •= T» ''^ >^ "'^ ^ o i.*^ o I*: c iri o p o fc o 00 ao o I- iS t- o = o o o — I- 1- 1- o ci I- S I- ia n 5 o iS 8051-5051- '. inQmi'»o©oi;^iflOL-!;>oo o o fo to o o CO » citfi I- I- o i''i 'O ?» CI ■* c* o rt o ^^^■■ft^^k'3^ tc^^t-«oi-»0'*''*'to^r^'*'»n SI MMcofomeofo •ff'i^i-weo^*^f»0'^c4w* • o r* »o 1*5 1* <:% o o ) CM M ff I CO rt -^3 1 a 6 'A •o 10 ® O O tfi »o »*1 -*t HH •♦;» . "lOiOO'tli--... . , __ « O t- O *-< I- O 1-1 00 CO 1/5 r-i e^ iM Ci »r, i« c> m CI eo CO M iH w -H f-t CO o CO pH «.jt ^ c^ ^ rt c^ e» ffi ro r-4 CI cj CI ^ I- p iO I - o Q 10 c 1 o r I 5 T I © to o ^ I lO OT 1 1 - I - o CI CI «o 11^ o o C>0 O'l^ => :3gSS ! CI M o> o 00000 o -' CO coo .CTtOMMCOt-OO'O CI <-iioooo in iSoooooos^ooocoooooooo 000000 <D 1^ c* t- m a» 00 ^ ^ o ?i ru- ?i »-* '» o r - CI CI r- •» CI o o o o o '■A o «o o CI 3 OQOoooi- 00000 lOr-iopoo^t'^ 50 1.0 0':>oo 000000 c o o o »o irt ao o C3 o o o CI rt r* o o o ir: I'- o ifM - 10 o o o CI ::: o i<^ irt o CI>0 5>«e»©'^Ot>O»-'."0S0»»0r-C5Q0O3>Cia0OOOOl-*l*t-JSr-t.H'ri ^ I 'A o e r-* »o CI w o CI te 'I* tn uo « fo o 00 o 00 -*• ro CI ii >ci -^ h- •♦ i-r CO 00 -^ -^ «-• rt t'O o 00 i«o»f5oooooco®oDoociooooir> 00000 o »ft CI 3 CI »?5 1^ 5 o i5 15 .0 o o i.*^ o o co o »« > 1 to i^- o o o o o ■oMt-tDQOCiciijicooooi^-'-'-^r-tajot-^r^eoocscofio^ 0000000"* 000 «o 00 - . , . . ,. I - C* O O 3- C- O CI O O O CM" ^ ' - I - I - — — ' ^ CJ X »0 00 CI r? 10 rO CI CI 0? « C5 *-! »-f tfO CI C! rH i- o i-«f-i»^i-i F-" r-« f-1 i-< rH 1^ r-* i-i rH r-* ?-i »-( rn 2 CI in Ti ift O O O CUf3 CI »-0 lO W O O O tf3 O O O O ift irb o o o o o ttf- r-41-- o o o r-cica cii^cio o o t-*«»o oocii'-»o 00 00 r-.t-<iD'"^f'f-:r;x-r-r'C!i--o>coO'^o»o«E>«OQOt^<ftt>t'irt«'«* 4^ i-t ,-< r^ rH -^ t-- o o ^ i?; Ci -f -f t>- O CI tn i^u" ifl 11^ -r^ O O C; o o o o o »rr O O O I - 1?^ o o o o o o o te c4 crL I-- CI t- lift sr lO o « •-'i »?> o u:> c I o o !.■: ro CI o i'"s o o o o t- r» ^ US o» fi> 00 'C* o o o CO ■-»« o ^ --* c- r-* o o rjo 'X 1^ »-* cs Tf t- I «« " .4111 mW -♦« 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 !jcc4Si-»?ic>c*^»?5fe5r*©C4ioox5ot-OL':juo oSoc: fj* ^ CO ■*«« <o lo r '- * f - ' — r* r* - ' - ■- o to •# ift cp CO »o CO CI CI ^ gSI'JgS ^ (O l> CO ift oi~ 00 cy to r- cito r-- rt lo 1-*: o ^ CO <0 1- CI CI f ^ uo o h- 00 rj <; '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 3;il,iiil '.>uu r.i.oiu •Jin.m 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 OI.4tii) ir.ii,4u 1V2, Kliri iM,:tw it7, m:> 1W,1M lllU.M'.l U4,Kt 7,8, aiKl 117,398 m, ati" 1 11S„M6 HV, WI2 1 r.'0,«lH ttLOSs 1 1:11,6711 K(i, M7 1 1'.'«,'217 7B, KHr. 1H1,6U 77, .'•..■IS 1 115, W6 7«, m , iu,6ia 77, W!:l ' lliiCW 9.S, (i:ii< 127, 152 H2, »40 llli.lr'J 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 /'^ o / /A IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1^ I.I M Z2 2.0 1.25 11= U III 1.6 Photographic Sciences Corporation #/ .«-.'<i' Is '^o '>>\^ ^^^ 23 WEST MAIN STREET WE9STER,N.Y. 14580 (716) 872-4S03 5i? y>.<. m ( '. X 1^ O \ 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. 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 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 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 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. 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) / O 1.0 I.I 1.25 ■^ !■■ 122 .Ir 1^ 12.0 1.8 U IIIIII.6 ^ <^ w- -P: '^' V # 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 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 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, 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, S5 o ^^ .5 < 1 <§ ., t \ I §• e 2 t| •y. J S3 «ia := 2 2 2 1.2 I c .2 — ^-» S.5 a H? 1.2 ?- = 51 i -gl Q i 'T* S 3 S — S * !!( ^4 ^ 7^ 75 H •"-r: ; cr. :■= c- 5^ J5 firs b B. ■^ -'-s ,5^2 < = '- r = fa nifi^ I P i 111 1 T""?? — c = j:o 5 .S 9 s a •* 5 1 c. 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J. -•' # ':t ; — 5| r5 HX a ' - 2; _ u » Si m " ! w !>^ U ^ ici; - *— -S a r).a <^ = x .■S — — — V 3 cv; ^iT-S-ScaJtS i; -■« 5 § j= 2 i « i i' S a :_r- .~ 3 - •= = ? = vS r -1 -r - - -, =^ i c ~;^ ■—— e t c i i _ = •-=:--T s c,«-= ■- „ a ■- ^i:s S.2 M^ ■-■"*-= — c -5 c.-- = "u ?. -r 5 -■? i ? n 3 5 ~' ^5 ^jsll^.ill %^ 52Fir = H?S5|iSi|^n.i=--^ 1 H XH H 1i? .5 5 H •13 .' >' a "^ ; "g I. i. £ ^ .2.2 ^'S i; JT' a a ^ 'tr t: " •S a i -• - ^ ■= C-=^ i =J^ « •; .— c 3 ^ J' i: i- — •- t- - 2 s >.3S-a-i Z>-~ : Si-s^s-a .=-5. «"» -"a a c .-^■ o = 3 s : ^ 3 ' £ a.? '!>. H i£'3 I 1 "S "3 s'g y n nn u I" 1 1" i I *rt w« ^ o — aa 3J3 Pa ;s ^U9 M R K- ill 3 i ■a > > : la - ^« g s 3'-< '1 ■■' 1 a - .=.2 ;r :^ — 3 35 • *^ •< i< 'J •i "3 a 31 ij ^ y ij •;; § I (^ ►. c- ».S .5^ a a .n >i 5' a a -tS •r s~— a « « .1 ! '^ 3 ^ a-a^— a rO', .-"las 112 THE FISHERIES TREATY. E o .i .i « 2 "^ .^ ?3 Ha, •a ^ . s ^ c s yy ••.a «.33 c "Ha fc'atg'" >f r a *< "ry. y i; «; 4 O 4J • ' ^ 4i >J 111 gaSS c < o o e » 5-S. « ^ «4 » c S » « >. , ■ £ el H H b3 ^ H >'3 5 X t^ M ha a « ■-# w •< fc S q :^ e afc.Si ;s: < -- e e s 3 a °^ s o si a. e w 1 = 1 e »« 4. a — * a - a' ■2^ - S . 4,— 1. a .>'. — c 5 3 .2 b - o -a a M a M a . .STa .s, a a — ' a a -^ c !« o s^ « r £ c '■ » K I 1? S"? ~^_ t^ 'i » 5 S S a " E I' If 2 ')5 9 •3 III T a ** — a o.c a M '! e "8 o e "9 Si S OD 4K> s <4 ►9 >•> ^ a i !-;■•-■—■?< I? ? r. ><z 5. s-* ~ a 3 <IS !a 3 ?5 s r 1) ;■£ ; a ' S • ;; ; o i o le^ e ■ H B — b"« •i» . at «- « u a o " i-c o 9 a sn tj~ -• a s i^ .■=|it Is S V e.5 ? C * i* i~ a If i — • 2 * a •3 S .-» «=| — 5 9 .S « ^ — i-j — V. a sort t s. »: B S •I !* a g C.E a'5'x its a s c . c - < o a o ^ 3 S a 8' »' ;s i a : r a x-a a a c I *<!3S "T 3 "8 SI •S J * Q t' I C -5 i^ r 5 S o o •8 "C Si B 8: THE FISHERIES TREATY 113 X OC M oc Si ^ tM w^ tS «-* J-U 1^ ?r ?; •"' « ^ ?f ^' a 3 a o 'A (5 ^ s < 3R a a. ■ fro « d « S4 s a n a 41 — 3 ■? 03 S S e A. u t^ D3 5 i V W J! I ^ J S V'. -5 0& S4 S. Mifs. 109 8 114 THE FISHKUIES TREATY 50 -3 •— - (5 !! ■ M i. 2 ::: ea £ 2 sa ~ •^ rs >*l J< K 5 -4. ^1 L- u ♦* fcr ■S -9 o o .£ i I a ^ Q s >. a >%a .=*s--.r !j u A.S3 i.. L«l i 2 -^ — « "S-S 2 i t'S n ?50 cL) '^ S ■* "^ s a a ^ Q a (4 H 'I 5 -3 <«.2 §.2 a 2 .1= "afss C A^ M i- 2 H (. §5 j^.-.-/3 o i •4' X . '■ o ■ '* SSaSSgSe M Ml t a.^ 1 = 3 •2 :;> I = ci "3 d'= 1 o ■ s 2 V 5 f :§§-' i 9 ^ -r * * 1^ =U i S u 4^3 » i 5 B a S t* ? ^ c s 8 § I £ §4 « 3 i 3 9 s^ r-=i:-' i' «-■«-' " s s 5 a ■ 5 a t 5 - :? ^ t^c r ;- ? 3 - ^ i -.J ;._.=w3-n-'2-3 t -«-2£--H « aj:,5 s a.*; «-r r'j «z rt. ^.= £ !• -c -e-s j3'a'sx:TJ.a-e 3-2 j3 -v * r; ^ -a j3 -r -c .5 "W u ts^ rsja-c !c 3. "15 t, » « jj if i K •srs 9 = 5 ei *^ ^ ..' e u S u i» u Sus<i:u9So c ; k- 5 a a a I. H HH H H H r- u J; ;j ^ gScooa «3 « 5J 3 n a J a 5t- H H C i- i «.2 = >. = ;< 1 5 o llfl »< 1- « a •-is K b a •r-H ■5 a E = s c J^ S S -I ?? ::! rf :e "c-^ ■= ~ -w •C-3 ■= s s af •"<"« -5 y.'-^, a a < 5 6 p a 9 o — * ^rt «-« iM 91 i i ^ ^ a. a ^i I 8 ii s o y as w J) ^ •£-• ?£ J! « ^ te 1 W 3 a -^ .a a •3 as J S I :a > CM •9 Pi s 4 THE FISHERIE8 TREATY. 115 a I = 3 '■f. I 1 3 1 I B a § i >> . >, ~ it ii*^ §5§f H H § § n i a .a s s '■.rid 1 ■ £ i • I' ■ ! a . • 1 i : i ; ■ 5 i * { 1 \ • i ; : ; -^ -§ i ^ k 4 4 -§ -2 J _< 1 do do do I _ (111 . - _ - do 1 1 * i I i 3 -» »J iS s s 66 K n »■ •■:" o" •^ M "H .-4 -H ocf v J a «2 *I -O ^ 5 ^ u a s a s 3 i 3 is -i: s :a J3 3 5 a s 5 s:5"S a tf 3 a a s ■* 9 a a S 3 -3 -^ 3 -i P^ a 5 5 I 3 M i? .3 B a •a i 1 « I* 3 ■-1 >> 5 a 'J ■s a i =i ^ » 71 .3 a 3 i a •< i a St 2 2 5 a a 6 116 THK FISHERIES TREATY. •2 9 3 Q H ■< a el S4 3.2 a . S - "•> s u,i ^0 5 = y u > w S u a a 3 " E i ° a !* g) bl "5.2-? -3 3 — = t; ill* ^ s - 2 o a o w H H ■BL -si 5 C 3 C 3 ? a. 3 2- _ _ I a '= 2 — .r" — — « £i 34 I? -.< ^iS^i S3 !5 '.^ >'"Z ^ ^ 2 * « 3 s - a ? «« 3 a w 5 ""(« a H a ^ f 5 ^ .-3 '- UT a 1.U , a '^' t'h. a 3 5 - •p a a V ■«•>. a V'. •a a 2 a a-S U O y y il M ^ ''' 2 13 y u s «j — .a 5S- i- U 3 ■e a y i'S.2 •• * ^ 3 4 a-!^ a S a •« 3 O - — « a M 3 -r: •_::.>« s ^ 552^3- a - - - a 3 > s a * >, "'1 •-. ._ ? »•= i -a si; a '. '= 3 ^ 3 •D 3 s r i a ^ ■— 5 s ^ 3 3 t * O -X ~ _ ;-. a : ^ a i o 3 H 1l§ a_- a ti — .2 i- it 3 s " a ■-' »■- t*« > a ® 9 2 = 2? i* »• ^ — ~ s j; * a _ a i) :IU ■Sa> 3 > s _ a s J .r"a f - ^^ ^=1 2S3 er* 3 3 •S •; 3 r. a 3 C a < - S3 a . v "•'a I i 3 _ a a « a .3 ^ a ■2 .• -t 3 ^ T" 3 • a 3 ia = « - 3 2 3 u u _ a 3 3 1> 3 3 S'S ~ S~ a a ^ a _ o-^ 3 I 5 3 O' • s = y JiiJ a 3 i'5 =-^ a -j i 3 2S H •3 "3.2 = a 5 =» s " *• - « ^ 3 ■"* " -^ — -* « ^ al»o*33 91 < n J: o 3 » o -3 -3 -= -3 * a is! S Sii^fiiS i^ii S V a g (4 t I*' a V 5 'A a a > si. B 3 a. « B a S •-s ►:! 8 r. ■* 2 ■ a ■= a I I !( ■3 H 3 I a a I km — — t- a. — H S 3 .; a 3 i ^ B % i s •3 a I ■J e /^i 03 c V a a 1-3 3 THE FiyilKUIE.S TREATY, 117 5 .H « .3 3 .2 3 .2 = I = S I 2-5 — * a = ~4 i^.a ^i w = -•2 * V . 3 S ■w :■»> ^.9 2 , J i. At 2 "t; ta ? "X "t! — s-ii s«s = »■; = » 8- a -J o"'aa* *S52^a = 2 ^^ 'sS ':§ JT' •a- t n - • 2 " " 3 -fl « if.2 2-- i: a 5 ft-»a .2f.s s i; « -25 -5„v2 ''3 '/j O "^ I I ^11 ^~ ■ryt h>'- a s^ a a 3 c §«'? a g -= * s t .2 3 ' ft s 5 o im = it =2 :: >- a L«>. ? »_ ' ^ ■» — a ^ ■— ** a t; .:i ^* > 1 sis 2 a— I 3 — •; * -z - — * = 5 = c = , 'a-^llf a'ri ^' -r *i : !:Ci.Ia .^C-r. a.2 *r = ?S 9c^2?-"5!.2 — = 3 - c >. s it _ "^ a r T ~ 1- ti * 2 I. a - . ? 5|i - = .2 - K V a £ 5 « •» « i< « tt t: S li ''• t •- ■ 1. f ■5 ~ ^3 s 1.2 i 3 t- i: «~ r-f- ?,'- = ,"- C a -2 0356 Si.: 3-3 £ ^ £ V )J _i]5 - ^"5^ .i:^" a a (^ s ' ~ _ X * ?9 si = = a33i;|.^v.b a rsa^isasgg S 8 -J s s •* ♦- ® a c « ; « S 3 ^ 98 a : s - e =■ = a Bx . j,?i 3 ».w 3O S H H H H H Cv~ H HHH H H H H H HH : : ! • •c ■i _a , ■ do do do do do "o -i c s : ■zs r: « •5 s e -3 •« _o s - S h I 152 K i S Si — ffC 2S-' S ^ =i S I * a. Es Jfe fs R o !: -.,2 - 2 ;o| < -<<? ^ ■= *^, S M : ; e J J .5 s s ; J .15 i 1 i, .a a , ^ t w« ScS" fe- ces sta u a >^*>l?5 ►fl ►» s 2 118 THE FISHKKIKS TKKATV. 1 •OK SO ■ .S i* ■•= ."« >> -.a •St- .^ 8.2 = "B h, "W ^ ,e 5 5 «-a i« ;: .2 <« « If i •; SS. ,5 -SS ir? ^c ■3 p: J? s| Iv lg. a ^ a a w 2 w •Si -^sg. 2 J- r. a •I I i ? £ c A. <a f •J •= ^ ? r .r - e li;- J eS-e-c >> •li* * !i»..':sr!i.«tJi.r-r:i..i- ."-1-... 9 ^ < " ■»=*» = '• = ; «>> H i-S H fc-S D»^ »f S-aA< ;''aW •2"! « M'S U ^p: U H .SS£J«= UK JS <)S S2S5Sa3Sa25fi2 M uu w ^2 rs-j ■",fl3 u u M 4 :.a^ > s I. a i ^ - 5 • * - J =1 -•r. -a 4 eI 3fs .C a «5 2 a 5 ill £«" 5^ -51 e 5 * 9 ? • i i 5 f ir a -2 3! eaa .a S 5 fcH • i-o V -g It "s'S'sS-! > 5 M « a > = ■= 2 . i o a s 55 S £ >. n< ■s « = a ' "*■ 2 •'• ■Z 3 s-tc-.. tr^l c^ C > ?.i « ««. - a ? >.- « k .z •— - i. a a-: s ».?■ « ^l^>^ — SC* •— - — - — i- ~.— c-'J-- ib— " ll « S.Sf 1* "i* "i"? S 1 » i S^'f ., = x = = s : a e a ^ *• . ^2 ; s.- o s- .2 >-5 i2, HH -sSisC H H H = = - ; a !! a i. ^ a a u o ;, s c * s e '■- a HH H H i*i i.-cau a_a aicrta^a ".2 - • XT? H H H Js I I .§ « H B ?f - - s?f u V«f a !!?. A C- s 4* s» ^ ■< >«) « o Si". *". "". ". *"."". "1 ~. "1 "". '".'". ~. *"- 1 "". ". K 5 a i .2 * - 5 = S a ? « (2 I. a 5 £ :3 % Z. Es ^ 1 ■3 ^^ •Z * £ % £ & 2 ►^K O £ = 3 £ n ^ >. •«) i J a H J ^ ^ ^ ^ s THE FISHKRIES TREATY. 119 -a >, §.2 hi ■H'3 5 1 — '■« Si ? ^ g ;■ B 'J I- o a ^ 3 i^S^ 5 5-2 3 — »-4 -"2 i a' r x" ■ i .i « c o - '■"xr = •e? "5 -C _ ^_-= = =5:5 = = = s »•> , a o e -- i 5 9 e rt ■« >. ■« >. «.2 a « s I2& S-i •5-3 |*-S-^ 3 "S • .51 .S2 Z ti cs •S'5=-' 4 >'. i <S a 5 o r o.a :~* e^d Hi 11 .c ^2 • 3 — — . Sit: ^ a-cfir^S, "a^ -fe ;- f. (3 ^2:5 H-3k35£ •a - jr> 5 '^ «-.i'l u S-3 i-i ** o c «-• ^ tlj- a o ^3 .i^-3- ^S u « -5 ■« a " i§ 2U!x2 ?- u-r a ft i = a u uu cnu u y c ■ ~ <,•-=■« -I* C i. «' b • O <■ g * » a a " ss i-ssi r.r-a a > ^ •--I 2sa S.2 ■■a A -? i i e-£ox £3 «~ : ~ a z^ *s •2 -> -^- W« -.;; K»- *» z,-Ji > a ^>= ^ - -I ^ - ? «^ ? ? - tl = •= - « - .2 ^ •- .«^^ i =.2 « B -Z ^ -Z £S. £ b C * — s ■5 I 6 I (a -e B i a >- 5 - o a w S a 5^ r i:-5 £ J! •-. 3 e « ^• i w<» 1-1 . . TS ca*- o »* 9 a- ;= u w a s-i.E = cjBS.a g ? = rt B3-S: ? » - * ? rt. COS ^'9 ] --i*' ^'^f.S-. 5 5 ^ © 5 ? 5 ^'? d 2 :iS =££= £3 £-=X^' £~^- = = ?£■- = £* — -^Ji- — ■- la "w-i^S -"C uS~ax oitT'S a™ ~X '* "3 H 9 a ^ 'i a"^ ^ '-■- =r = - 9= c>=s« ;. = a aa = a' a 5:-5q55a_ S.£,a I i ii o « ; ! =» o e s - : V 9 SCO 5 5 C 8 5?3 &q6 HHHHHH HHHHfri •3 ■s •«■•■= -r -s -z-s s 9 09 9 i i iii i I ii I ii 3f •rfyf V ^w" _•< ^i W^ T I i— I 5 aaa >>>i MM, <<^ ^ £ •;-; '■3 * : ;5 a> 06 w w do QC ^^ r-t P-* ^- rH W tcT q" cT lA *; ►-■ >> -s ■rf S < a ao te =: !» 2 3 aW :« a ■; ,( ^ ^" >. =* j:0 ^ s a g =« 7 « U« e ;:: ^ „ Is fef fSJS " aS -^ a .' a «M ■- a "-I = 3 Q 'W •5 £-•, "•; S a; y « s == — e « « .£ !» S >= = « S « CO .3 * >»;;;? 4 «1 m 4i y 2 3 a J 120 THE riSlIKKIKM TKKATY. II i.a 11 I t y. ■*• I I 5.2 ^ Ja-r a ..5 •f e ^ I I la If I =^|5§ I •3 is J 1^1 1 n is -~ ^ ■/. .i * a a 2 I i I "3 U, ii c ai=b l;5il aij f^ a a i- " S c c a ^ ^ S-- .5* UM *- -r-^ , S 23- i c V e s g * V ! ^'^ -^^^ 1 a tl i •" e i J, »- I 5~ .no ; • t't -«- s \ S§ til i 1^ - «• t ! <• = ill !a i *5 :. *• V •■ 4 -is ? - c "^ i :. t !• s a s .S-; U9t M Vl i •? is 8. c2 '? a •=ii t -S i. - '•«*> -•" -~ S ' » " - •8 •If 4** ^ •- c ti », = - £» •: = * T, •- » c"5 « s a -■C -St 5,2 '*' ^ u >* I ^ Ce • La * -s i' . = o a 3 < c «■ ■> - a !« - = = •2 -3 = 53«a >•-"» a i a ii a '5 r a fc.../ - = •-■ 5 as J » i a"* 5 ^— -'tr s * ? S 9 - 5J^ 5 - i s = a 5 5 -J a a £ S -i' ;_ •* e ~ e ■ e «• _ « H H H e ^ie^ o s a o - - s - » S 9 e J= = a .' H H a-" 3 ^ C -V « H C « e o— a - •> *^ .2 " > SI u 1 ■s= s s 3 2 2? 'T2 2 I 2 2 8 2 J » r- » <* ^ » •'- S ni; I s a •< -< fX - » 5 — B5 r B S ^ MM a— fciS - »= ^ a a 2 9 ^ a « H C< 03 K » 4 a <fA a i3 > H TKK FIHUKRIKS TKKATV 121 122 IHK FIHHF.KIKS TKKA TV. 1 1 I « f »? H ;! < 2 •; M i I o V „ -5 6^ (£! a a I Tin: FISHKKIKH TKKATY. 123 •8 s J! -a 3 Ss ■5 -C e e o ^§ S ^ S ^ ^ 3 X in u^ 1^ lA IX te 00 CO I £ a I sfi -• c > 3 >■ >>^ ■a al > l> u O S li ie; ie; (2 tfj t-" J w s a a >j 4" I, ►, ►? HS J; Q i a S tt *- .s «54h S ri a 33 1 x 1 s 38 r a 1 41 s 3 > fi m ►^ ^4 « 4 d w £ s M •-5 9 s !? d a N S 1-5 a s «> a % % \ " 124 THE FIgllERIES FREATY. a a a is H &. fa < s 8 ?- S I-* ••.2 IS si .5? 2 3 eft a '3 = 3 S u B g "3 a. 2 «.2 -i^ M f*. CCw.it. 1 ^ ■" -r 5,' ■/ ^ W •«•£ 2 5 §~ t — -o - u - c r 1 5 ui J * *" t V 2 « C .» 3 >.'3-- It u c .s — ■= I -- L Z ~ -tm.'V- i- * b i .s i.S »- «[- rb«r|.x X « i C'o-^ ^'oSh i'S-^ ■; c? i-.'S :« u w w s u 1 o ■ a E J e J5 S^' 5 ^ a - •- - X • !"• ili - lie an. - i § - i » u z p P C § 1 • e - I* o C = o « a S « s » s s H i- r^ S = » a 2 •:• ©art • >. a S g .5 5) 2 •S ? a - •5 l§^ e J3 <- w ? > * £ T =^ "s >. 53 i.: .5 -S. M ^1 *-> -^ ^ .= i .5 i ■? r 7 *< r : . -5 - ■ ii S. -■ a S« 5=7; i.£0;Si27-: =53i=c a a M M ' IS ^ il^ _ V 1*1 1 a 3 S J I - Z "- 6. ►•3 >,2 « 3 a - O 5 H r- ii tl H a e 3 »U! » ^ I- i^4 «3 i. a c H c 2 3 M.= =: 2 2 ■:''■- ' J It I" I a I I e ■9 e ■3 8^ IS 1^1 :il3 IX B 3 V O A, e I J5 "-■ 1 is 3 ■a s a a B ■a Ui is I e m 5 3 a c i 8 i g ^ i § B .a ►9 U. s £ a. I a e S o I :2 i :2 a .9 i i = ^ i Si « 1 I 0. w 3 < THE FISHKRIKS TRKATY. 125 » T >j :: » 5.3 s ^ a a - .5 X '= a. C 3 c H i'i a e - 1 « T 1. T, ^ - J= >.a t, jc-r 25^ ^ = 5 i •3 -■ ^ 3 u< M 11 s ili 0; , c3 a 5-5 !Z jS .> — ■= — '"" ^ "■-•r St ? - >> £iT W— n; «^* N - .t: u u *liS 2 0-5 = 3 T) ;= f sir 2.= '^ii; ♦* . — - ^ » g 'C •' u • a »- t - .i 5 ^ ? - • • 5 Tali •A 5 •■' r-' H « 6. ^ a - J3 = 11 ^ ^ '- i S £ 3 '/I o ^ 5 a ■ s a i a * '' a S :JS 2 -i I .3 ' £ £ C a TI ir y 5 J 3| ;^ a 2 a .- 2=^ .; .2 * 2 a o .2 'J .25 2 i is a w .3 S a ■Sra 5^ = ■.5 9 £ i a ? >-.a >'3 t is - ^ 2 i .= i « C 3 =3 2 tJ u ap 1. S = sj: = »£«;: . .2-3 . .1^ s = .- — _= - -^ a a Or » '=■=2^25 f .3 f ^ -^ 5 a > t — a 5 H ^ * •r * 1 £ 9 - a 3 O JB 3 5 .5 *~ j3 a i "*•; 5' St a T. - U 3 ^ " >i — - .5 '• » 5 ""; ? - C "i .3 9 w «- a r H ._ - * u i « .; a*:fc= -i 3« 5 £* *§* 2 •- .3 » _ .a ►. --■ •_ a a -..' t. .^- I 5 - .2 % r-u = a — JE-~ r d 3 o e s H H •I*l«^^ = -?^^'-^ 3 £..'•*- iSS rs 3 ^ '- 8 ■'53 , _ _ '-:'.£ "o i r-/i 9 - c - : £^ S 2 a.< a'5'iiiS i :_ St. a "* » 2 = •3-3 3 = ■-* ■? ' *? J -'a i S.- s ®.3 ■/5 S- < - i 'S a - a a s i 2 « tit '"^ a t -.3 ^ 3 ~£ 'i'a « - = i., ,-■- t.; «s a 5 ^ ■r ';"3 t. a a a r,-j a , » a 3 S a - 3 - * ? 2 = 1 = .2-5 > a c 3 a -•; a 5^ " a a tl; o =t H .2 ' 3 9 S ■a "5 -3 g-: 6.' M X, % § S ^ I ^ S jf 1^ •" a' « _e -5 -o 3 t3 ^ 'i '•I rH a M ?. a. t a t^ »-« ■-s e 9 O -3 s ?; ?i 2 a a. a a J B ^ _ I =3 .1 I I s I I •«« y sf H 3 a J a a 9 3 Ir "3 r. J a 3 S3 "B M 'J a o « a B J3 a a Q .a B a 126 THE FISIIEUIKS TREATY. ^\)t VtSHERlKS TRKATY, 127 53 1 .9 . .= S. - i ■323. •« «s I ? t d :■ >. ; ^ " 1 « 25 V I s .a ^ . .2 3 « 2< " i J?h 3'- ■9 -S - i i ill ^ s s -^ ^' ■-'\ _ 1 i 3 .? .a .g 11 1 5 « 3 2^5?^ 2.S '3 c 5 55 53 ^1 I 8' £«r 3 t f w «.l — ■ i- — X oS« =S ~"'.2'? .3? a :-2 s •- J ■ ic a = f 3i- -. J3 w :s rr-= S . :4 V h. ;3 ~ -3 ;■•-= = 5 - 5 . ^ s « ^ i r ii-= 1 rs-i i.il ■^ H b^ b* H r-r- i - a - 1 5 s « s- , ip ;'3 sc I H r^ H H * i" s = o ft • k i • ! 1 ! ! '. u : : : : : : £ M Hi i 1 ; ; ; 1 I ! • OS •o -: -SIS 13 ~ "s do ! do i .... do O ■o i .2 a ■f-5 5 e e w t; (.1 :2 ,1* 3D .^ „ ^ *~> ili^!^! §.2 £-= S.5 * 3 g i S = = .= - : £ sx! a --.t, i i §- fe §• a "1 iiii il, iilli Hi iiil lil|i S :-f 2 g 2^ -f -f J 4 3 JJ 9i a a 5^ = .: 1 - £ «i 1 3 ' a ^ -* t an 1 i * a * 2 1 n n I i .a H ■e a 1. 3 8 9 u » 2 *• .2 a -< a 4 a 3 ,^ •o "^ >^ E - a i I K a a •a t^ > a I a 1 1 ■ - ! 1 ' 128 THE FISIIERJES TRKATY. ^: ■•• ^ i i ^4; THE FISIIKIIIKS TREATY. 129 •r >s -t t'l .9 ^ - 3 © 3 u :. I. «.3 ■3 > a 3 2^ t Ca =■■ Is. ca «.3 i 4 V -i -s s r >>a i^'.-i -^ >.a '^ S2 55 i = Si .9 5 ■?■' 8-2 J^ 3 3^ e-E. ^=i-| e ii ? i i V. a ;i i? lisj-a .9 a i as i ass 32:2 8 -ai ^i- s ^ 9 s i a £' . ^'1 O V is^-; Ss. iCSi &] ^ = a, S'Sfflfg i»ai<.2 n a*' a 3--- a? g aij- H U 33 H S -J? 2« * ^ "L 5? A a >. ^ s i a 2 c .3 a a ~L; = « a vi * '% h-a i Ma K a a •= * ,2 a 2 ^ y S» CS .S- 05 9 S'-' ._ •is 'S" -^ S O J e 2.3^ - ; J3 >- a s. " .» -s — = a " S a? 2-a a-3 -3 t,_2 H 'Si "II :S-3 a et u j ' -" 2£ - - = » a J '•' I -a a _: • - « = J ^ >> a ■= ? a > a '3 r « is .5 2 P -a ? ■- " — S-? *- 9 ~K;-3; i S =5 i' !■§ « ca. r«""^ L.a 55 5::,' cJ! 1:^ * as— 3 =— «S;3 3J — » -3 a •= ^a~B ^S=^ --'" 3-g2-= ~Z-5 ^ =St*ria 5 =^ J; § a^ 3= =-1 ^ S': -HHHHHHHH HHH HHHH -r -3 ■a s Iff! s s •^ -% " s •i! (« - *^ £86 rf ?f ?J s n t ^ & 0! U I I I «: « ,2 •I I « S. Ml8. 109 9 1 > -a Ml u "u C ■r S -t; .- a « a H I C) 3 s. ea 130 THK FISIIKHIKH THKA'IY. t ' a o O S P z i Sit C'c I. a .9 .S 1= I o 2 ►■ t I •< ^ - I . « c . »■ t 5 U M JS a £ •a 'i a T3 >■ -d ".2 *: •Et "E V 1 HJ 5 te t .= ?.= •=^5t?.= M i.S3i£2 = ■/: ; S ^ 7i u a 5 H B e ;■= ^ *■ . •• " n ♦5 j3 iC >> o c a o w 3 ^5 „ c -i .5 = = S. £2 «$ Hi !| s - e « ■ ho* ." I. a ■c ^ « t- - J, » ijfii J o c ■* ^ r V § = '- S — 9 ♦i J 3 <- S C c ♦.• t^ e * " _ If .^ i- - ■ «T u e a - i3 I .ff- SOS •^ -9 "9 S i i l\.l III «tf — '-r :,«" a* M* vf 3 pi 91 ■"c-. = J? -; ■^ »• O O H a 1 a •■ ■ay '15 1 CJ.2 II z S e v 6 u a s 1 i '*' I. si S *; S-S ■ " 5. O % jL >.<.- «.::: ; «S 1.3 .t; ^ >3' is cXH jgi;''- « £.3 2 ■s * act •a 5 I R a; a s E 3 ^.3 B ■fi a g ^i i * s — {■ V . R Z -■ ^ -* ■j: is .. .« ;| 1 ! - 3 2 i a - e M a -o « ■-• ». a 2 ^V *'C - i a * * c SI 0.5 5 §•1-1 ' ° F ? a C S >< B H ♦• — -C ^ - •« 5 -■■ • B .5 . - a * = *.*-*' n J? ^' a * •- » 2 >i t jri S £ c 3 ** jz rt i'Sa'^'i i :• i- £ "- ^ ? Q * ^ Z^ :? " s o - 0.0 ■ e s « £ 2 I S 3 o 5 i^t ^ S.S. a « = 'i a ft e i I J a I "• I s I J I'S^ t s s J « ^! H a '*> £ i* a a M ib X f I -! I ■/ -J H I > " i — '— Ml S c I. II? THK FISIIKKIKS TliKATY. 131 3 J; C ^ «- i £ •5 ,; ■0 4 4 S I 9 I 3 e O 3 _o 3 _2 3 9 -o S !» S ^ •-tf .-?" «r -.' uX ^ ?1 ft «<* CI as I I-: fi a S I I M i 8 .a H a 3 It »^ a * I s C5 a I Si a * II M -E SB o 13 J Tin: risiiKuiKs iukaty. o P s u. If II •r a k-t =2 -a -•= a.5 .*= = t ^ „ 3 *.r. « 3 «9 0.2 •5? ■c-i 5 a = « I- ^ a _ 1 » S' a — »• a « — ~ . a5 > 5 2 s^".-); I i a s J) rSiSf!' a ^ •« "* *^ = ■: i » '• — ■ 3 a H ? f vSS : ? : " ' "5 5 V "r T I S - »■ * i - ■- «• © B <- * - 9 •a 38 I 9 THE FISUKKIKS TKKATY. 133 ..Si I 2 1. 'J > •* c ar'C 5-1 T*. a i' aiV |5 ^ "- "S.S , I.T3 z a ~ I fa I- n B — a B I*. Hi' x 1 3 *> i 2 ^ a ' a o w u a i4 -I ai! — b .5 a .S u 1^ 3 1/ v-.a a S ■H r a. "g at .a " 5 us 1 "U a !f1r-' * a r <^ «* r ■'. ai?- ■ ■; " a * o : > o a - K •5 ui * ' = ~ a a ? .£ i; J3 S * ^.lil a Z s:^ ; a i i ■-•3 a H t i^a ■5f y * a a o « »- s a * S V 9 .£?■ s 1 1. V i k a a 1. i Vi "§ -2 - -i ^ .% aSt (-3 3 Sua = ^^£ = M a (S 3.2 Is- i §s I :i zU a -• In II a.4 i1 J! - "■ 'f .a t( a = e a MS t'l "I 9<' "Z v _ c 5 I a. I - s a 1 .5^11 = -?-= r ^ 5 i = ?i . 5 5. £ ? = aft; 4:2 = >. r '2 s J). i 5 « . 2.1 1 ■-"HZ a.^t> = ■<-«») a a 3 _ ri r 5 „ « S .-5 >is a a _ ?S .= .i — ,". a 3 H ? ? o «; o • H IT ■ . a o 2>.= ^=-?:S.5 ; r-s o = H -- s a r * - - = t Mi; 1 t'^ a a^ - •_ 1- = ;^ 53ra§ : i •■ 2 ^ a 3 C «; 3 a» aS Ill ir.s •c ^ 4 s 9 tS "3 i^ii il ilii li ^ ■£ of ff -f a ~- % o 11 ►9 •? X I I f a c ^ S --i » n 9 I £ I a = 4 < a £ a If! > ^ U 9 V ^ fa Q S 3 a (5 s ;s a 3 ■s d tt •s it 134 TlIK FISIIKRIKS IKKATY. I J I 1 1' -•??> •5--^* Is. w E « i a3S i'5 9]= ~ > 1 a o 1 a i I t1 SI B _ B 1 -£'5 i- Is = = 1" >> i ^ J t : i I II I r «■= ?; 5 CS ^ O H 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) ^ 1.0 I.I 1.25 la 1^ 1 2.2 1^ lifi IIIIIM — 6" 18 JA IIIIII.6 ^ ^»- /J 7 4V> Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ^ *.''^Sf<S H.- ^ 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. !