was to fish within three miles of all the shores thrown open by the Treaty of Washington. In addition to this, a very large number of witnesses have corroborated the views of almost all United States writers and statesmen who have offered the opinion that without the "three mile belt" the gulf fishery is useless; and these latter witnesses, who have been interrogated on the subject, have, without perhaps a single exception, stated that the American skippers and fishermen have invariably admitted that without the free use and enjoyment of the three-mile inshore fisheries, they considered it useless to enter the Bay of St. Lawrence for fishing purposes. Can there be stronger proof of habit? Speaking of the British testimony, says the learned counsel, Mr. Trescot: "With equal testimony, their proof fails." Perhaps so. Has "equal testimony" been produced by the United States? Is there any testimony whatever to contradict this immense mass of evidence of the "habit" of the United States fishing fleet? Numbers of fishermen were produced by the United States to show that they themselves had fished at Banks Bradley and Orphan, and other Banks and shoals, and at the Magdalen Islands, outside of British waters, who, by the way, nearly all suffered loss, but scarcely any of these witnesses undertook to show where the fleet fished. On the contrary, they almost invariably qualified their statements by showing that they spoke only of their own individual fishing. The learned counsel for the United States impliedly admits that unless there has been produced witnesses contradicting the British evidence as to "habit," the British Case is made out. There is a singular absence in the vast number of witnesses and affidavits produced on both sides for twelve weeks-there is a singular and marked absence of contradiction, and upon the principle involving "habit," enunciated by Mr. Trescot, the evidence can be relied on with confidence, as fully and completely establishing the claim. The learned Agent, Mr. Foster, in his very able speech, contends that the British claim is not made out because there are but a trifling quantity of fish caught by United States vessels within the formerly prohibited limits; but it can be clearly shown that he is entirely mistaken as to the weight and character of the evidence. He says: If the three-mile limit off the bend of Prince Edward Island and down by Margaree, where our fishermen sometimes fish a week or two in the autumn (and those are the two points to which almost all the evidence of inshore fishing in this case relates), if the threemile limit had been buoyed out in those places, and our people could have fished where they had a right to, under the law of nations and the terms of the treaty, nobody would have heard any complaint. Again: Almost all the evidence in this case of fishing within three miles of the shore relates to the bend of Prince Edward Island and to the vicinity of Margaree. As to the bend of the island it appears in the first place that many of our fishermen regard it as a dangerous place, and shun it on that account, not daring to come as near the shore as within three miles, because in case of a gale blowing on shore their vessels would be likely to be wrecked. He also says: There is something peculiar about this Prince Edward Island fishery, and its relative proportion to the Nova Scotia fishery. As I said before, I am inclined to believe that the greatest proportion of mackerel caught anywhere inshore, are caught off Margaree late in the autumn. The United States vessels, on their homeward voyage, make harbor at Port Hood, and lie there one or two weeks; while there they do fish within three miles of Margaree Island; not between Margaree Island and the main land, but within three miles of the island shores; and just there is found water deep enough for vessel-fishing. Look at the chart, which fully explains this fact to my mind. Margaree is a part of Nova Scotia, and Professor Hind says there is an immense boat-catch all along the outer coast of Nova Scotia, and estimates that of the mackerel catch Quebec furnishes 7 per cent. (he does not say where it comes from), Nova Scotia, 80 per cent., New Brunswick, 3 per cent., and Prince Edward Island 10 per cent. This is also from the learned Agent of the United States: When I called Professor Hind's attention to that, and remarked to him that I had not heard much about the places where mackerel were caught in Nova Scotia, he said it was because there was an immense boat-catch on the coast. If there has been any evidence of United States vessels fishing for mackerel within three miles of the shores, or more than three miles from the shore of the outer coast of Nova Scotia, it has escaped my attention. I call my friend's attention to that point. If there is any considerable evidence, I do not know but I might say any appreciable evidence of United States vessels fishing for mackerel off the coast of Nova Scotia (I am not now speaking of Margaree, but the coast of Nova Scotia), it has escaped my attention. As to Cape Breton, very little evidence has been given, except in reference to the waters in the neighborhood of Port Hood. Providing Mr. Foster were correct in the view he has put forward of the evidence, he might with some reason urge the Commission to refuse the award claimed on behalf of Her Majesty's Government. Nothing could be more unjust and unfair to the character of the Canadian fisheries than to adopt the statement of the learned Agent as to Prince Edward Island and Margaree as the correct result of the facts established by absolutely uncontradicted evidence now before the Com. mission. It is true that the main efforts of United States counsel were exerted to impeach the large array of respectable witnesses who testified to the great wealth of the fishery in the bend of Prince Edward Island, and the constant use of those grounds by United States fleets. But if Mr. Foster should ever again have occasion closely to examine the whole evidence given in this case on both sides, he will find that, beyond the efforts to depreciate that tract of water between the North Cape and the East Point, and that at Grand Manan, there is scarcely a line of testimony offered by him or his learned associates to shake or contradict the evidence given respecting all the other vast and rich Canadian fishing grounds. The evidence of the value to and use by American fishermen of all the coasts of Nova Scotia from the Bay of Fundy eastward, all around the island of Cape Breton, the north shores of the coasts and bays of New Brunswick to Gaspé, and the entire coast of Quebec, within the jurisdiction of the Commission, is almost, if not absolutely, uncontradicted. This applies as well to the affidavits as to the oral testimony, and it may be stated here of the British affidavits, what cannot be said of those of the United States, that they are strikingly corroborated by the testimony of witnesses both on the direct as well as the cross-examination. I here produce a number of extracts and references, which are more than sufficient to convince even our learned friends on the other side, that they have taken only a very partial view of this case. And I call Mr. Foster's especial attention to these witnesses. At the risk of being considered tedious I cite this evidence, because the statement of my learned friend was emphatic, and he threw out a special challenge in asserting that there was but little evidence of fishing by Americans, except at the two places mentioned by him. The pages refer to the British Evidence: Page 79.-Mr. George Harbour, a resident of Sandy Beach, Gaspé, was called as a witness, and gave evidence of the Americans fishing for mackerel in that locality. He says: "They came in right to the shore, close to the rocks. Upon an average, they take 500 barrels in a season (two trips). He has never seen them fishing for mackerel outside of three miles." Page 83.-Mr. William S. Sinnett, a resident of Griffin's Cove, Gaspé, called as a witness, says: "That he has seen American skippers fish two miles from the shore, and inside of a mile for mackerel; and that he has never seen them fishing outside of three miles. This witness speaks entirely with reference to his own locality." Page 87.-Mr. George Grenier, of Newport, Gaspé, gave evidence that he "has seen American vessels fishing for mackerel 25 yards from the Point." Page. Hon. Thomas Savage, of Cape Cove, Gaspé, says in his evidence, that "the fishing grounds extend from Cape Gaspé to Cape Chatte. As soon as the mackerel come in, the American fishermen take that fish, and the Gaspé fishermen cannot get bait." Page 276.-Mr. James Joseph testifies that he has seen the Americans fishing from Cape Chatte to Gaspé right along the shore, all within one or two miles from the shore. Page 280.-Mr. Joseph Couteau, of Cape Despair, Gaspé, called as a witness, says that "the Americans fish along the coast of Gaspé, from one to three miles off shore." These witnesses are confirmed and supported by Wm. McLeod, of Port Daniel, Gaspé; Philip Vibert, of Perce, Gaspé; James Baker, Cape Cove, Gaspé; Wm. Flyn, Perce, Gaspé; Abraham Lebrun, Perce, Gaspé; Louis Roy, Perce, Gaspé. Page 180.-Mr. James McKay, deputy inspector of fish, Port Mulgrave, after giving evidence of fishing close inshore off Cape Breton, in 1862, says: "In 1872, fished in American schooner Colonel Cook, and caught 400 barrels on second trip-three-fourths caught inshore. Caught 800 barrels of mackerel in two trips in 1872. In 1873, caught 360 barrels in two trips. The greatest portion of the fish were taken about Cape Low, Cape Breton, close inshore.' Page 226.-Mr. John Stapleton, of Port Hawkesbury, C. B., says in his evidence that he has fished in American vessels "in Bay Chaleur, on the west coast of New Brunswick, to Escuminac and Point Miscou, from Point Miscou to Shippegan, and thence to Paspebiac and Port Daniel, down to Gaspé, round Bonaventure Island as far as Cape Rogers. Page 243.-Mr. James Lord, of Deer Island, N. B., gives evidence that the Americans "take as much as the British fishermen on the main-land from Point Lepreaux, including West Isles, Campobello, and Grand Manau." Page 347.-Hon. Wm. Ross, collector of customs at Halifax, formerly a resident of Cape Breton, and a member of the privy council of Canada, gives evidence as follows: "The American fishermen fish for mackerel on the Atlantic coast of Cape Breton, from Cape North to Scatterie, in August, September, and October, fishing inshore and off shore, but more inshore than off shore." Page 374.-Mr. John McDonald, of East Point, Prince Edward Island, says, in his evidence, that he "has fished in American vessels about Cape Breton, Prince Edward Island, on West Shore, Bay of Chaleurs, and Gaspé, within three-mile limit." Similar evidence is given by Page 558.-John Dillon, Steep Creek, Gut Canso. Page 361.-Marshall Paquet, Souris, Prince Edward Island. Page 365.-Barnaby McIsaac, East Point, Prince Edward Island. Page 399.-Mr. Holland C. Payson, fishery overseer at Westport, Nova Scotia, says in his evidence that St. Mary's Bay, the coast around Digby Neck, with Briar Island and Long Island, are valuable fishing grounds. The Two Islands, in 1876, exported about $200,000 worth of fish. This district is frequented by small American schooners, who fish for cod, halibut, pollock, and herring. Mr. Payson's evidence is corroborated by that of Mr. B. H. Ruggles, of Briar Island, Digby, Nova Scotia. Page 407.-Mr. John C. Cunningham, of Cape Sable Island, Nova Scotia, says in evidence that United States fishermen take halibut off Shel. burne County, within three miles of the shore, say 1 to 2 miles. A full fare is about 800 quintals; take two fares in three months. These witnesses were examined orally, and nearly all, if not all, ably cross-examined. The following are from the British affidavits, also to show the extent of coast used by United States fishermen : J. E. Marshall, a native of Maine, was 10 years master United States fishing vessel: 1. The fishing by American schooners was very often extensive from 1852 to 1870. During that period the number of American vessels which have visited the shores of the Gulf of St. Lawrence for fishing purposes, yearly, amounted from 300 to 500 sails. This I have seen with my own eyes. All these were mackerel-fishing. The places where the Americans fished most during that period were on the shores of Cape Breton, Prince Edward Island, New Brunswick, and on the shores of Bay of Chaleur from Port Daniel to Dalhousie, and east from Port Daniel to Bonaventure Island, in Gaspé Bay, and on the south shore of Gaspé from Cape Rozier to Matane, and on the north shore from Moisie to Gadbout River. I have fished myself nearly every year in these places, and I never missed my voyage. Jas. A. Nickerson, master mariner, Nova Scotia : 4. My best catches were taken off the north coast of Cape Breton, from Shittegan to Hanley Island, Port Hood, and I never caught any of the fish to speak of beyond three miles from the shore. I am certain, and positively swear, that fully nine-tenths, and I believe more than that proportion, of my entire catch was taken within three miles of the shore; the nearer to the shore I could get, the better it would be for catching fish. One reason of that is that the mackerel keep close inshore to get the fishes they feed on, and these little fishes keep in the eddies of the tide quite close to the shore. 9. These American fishermen get their catches in the same place we did. They took the fish close in to the shore, that is, by far the larger proportion of them, and the opinion among the American fishermen was universal that if they were excluded from fishing within these three miles off the shore, they might as well at once abandon the fishery. John L. Ingraham, Sydney, Cape Breton, Nova Scotia, fish merchant: I have seen at one time two hundred American fishing-vessels in this harbor. In the summer of eighteen hundred and seventy-six I have seen as many as thirty at one time. 3. These vessels fish often within one-half mile of the coast, north and east of Cape Breton, and all round. 21. American fishermen come around the southern and eastern coast of Cape Breton by dozens through the canal and Bras d'Or Lake, and wherever it suits them. Daniel McPhee, fisherman, Prince Edward Island: 1. That I have personally been engaged in the mackerel and cod fishing in the Gulf of St. Lawrence since the year 1863. 2. That in the year 1863 I commenced mackerel fishing in the American vessel Messina, and that during that year we fished in the Bay Chaleur, and took home with us six hundred barrels of mackerel during the fishing season of that year, one-third of which quantity, I would say, was caught within three miles of the shore. 10. That about 200 of the American vessels get their bait on the Nova Scotia coast, and, in my opinion, without the bait obtained there they could not carry on the fishing. 11. Then there is also a fleet of 40 American vessels which fish off Grand Manan. They average 350 barrels of herring per vessel, which are caught close to the shore. Chas. W. Dunn, fisherman, Prince Edward Island: 1. That I have been engaged in fishing for about twenty-eight years, winter and summer, in both boats and vessels, having fished in the cod-fishing on the Banks for about seven winters. I have also fished mackerel in the gulf with the Americans, from the summer of 1868 till 1871, and also in the halibut fishery on these coasts. 2. At Anticosti we could often see the halibut on the bottom when we were trawling. This would be about two or three hundred yards from shore. I have seen ten thousand halibut a day caught at Anticosti, in water where we could see bottom. This halibut fishery is the best paying fishery that I have ever been in. I have made ninety dollars in twelve days as one of the hands at that fishery. Jas. Houlette, fisherman, Prince Edward Island: 1. That I have been engaged in fishing for fifteen years, in vessels belonging to the United States. I have fished all about Bay Chaleur, from Port Hood to Seven Islands, at the Magdalens, all along this island coast, and two years mackerel-fishing on the American shores, and many winters cod-fishing. John R. McDonald, farmer and fisherman, Prince Edward Island: 13. That almost all the American fishermen fish close in to the shore of the different provinces of the Dominion, and I do not think the Americans would find it worth while to fit out for the gulf fishing if they could not fish near the shore. The year the cutters were about the Americans did not do very much, although they used to dodge the cutters and fish inshore. Alphonso Gilman, fisherman, Prince Edward Island: It is up 7. That when the mackerel first come into the bay, they generally come up toward Bay Chaleur, Gaspé, and round there, passing the Magdalen Islands on their way. there that the American fleet generally goes first to catch fish. Joseph Campbell, Prince Edward Island, master mariner, 9 years, United States vessels: 2. That from the year 1858 to 1867 I was constantly and actively engaged in fishing aboard American vessels, and during that time I fished on all the fishing-grounds. 3. We got our first fare generally in the Bay Chaleur. Fully nine-tenths of this fare would be caught close inshore, within the three-mile limit. Alex. Chiverie, merchant, Prince Edward's Island, formerly fisherman; was 20 years in United States vessels. "We fished off the north part of Cape Breton, and caught the whole of our fare within three miles from the shore." 7. That in the year 1867 I was master of a British fishing schooner. The first trip of that season we fished between the Mira nichi and Bay Chaleur. During that trip the fish played chiefly inshore, about a mile from the shore. At times during that trip I would be getting a good catch, when the American vessels, to the number of fifty or sixty, would come along, and by drawing off the fish spoil my fishing. During that trip the Americans, I would say, caught fully three-fourths of their fare within the three-mile limit. Nathaniel Jost, master mariner, Lunenburg, Nova Scotia: 2. I have also seen many American mackerel-men engaged in taking mackerel around the cost of Cape Breton, Prince Edward Island, and eastern side of New Brunswick, and many of these fished inshore. I would say that there were at least four hundred American vessels around the before-mentioned coasts taking mackerel. During the past two years I have seen at one time in sight five American vessels engaged in taking codfish on the southern coast of Nova Scotia, and a great many in sailing along and at Sable Island this spring I have seen from fifteen to twenty in sight at one time, engaged in taking codfish. Benjamin Wentzler, fisherman, Lower LaHave, Nova Scotia: 1. I have been engaged in the fisheries for twenty-seven years, up to eighteen hundred and seventy-five inclusive, and fished every year in the North Bay, around Cape Breton, Prince Edward Island, eastern side of New Brunswick, and around the Magdalens. I have taken all the fish found in the waters on the above-mentioned coast. I am also well acquainted with the inshore fisheries in Lunenburg County. I have seen often more than a hundred American vessels fishing on the above-named coasts in one fleet together, and I have seen these vessels make off from the shore when a steamer appeared to protect the fishery, and when the smoke of the steamer could not be seen they came in again to the shore. Such large numbers of them made it dangerous for Nova Scotian fishermen, and I have lost many a night's sleep by them, in order to protect our vessels. I have seen in Port Hood harbor about three hundred sail of American vessels at one time, and it is seldom, if ever, that a third of them are in any harbor at one time, and I have been run into by an American schooner at Port Hood Harbor. From 1871 to 1875, inclusive, I have seen the Americans in large numbers around Prince Edward Island, eastern side of New Brunswick, and around Cape Breton. I have seen many American vessels on the above-mentioned coast engaged in taking codfish. |