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perhaps be attached by the United States to the supposed advantages derived in this respect by British subjects. It might appear, at first sight, that the privilege of resorting to the inshores of the Eastern States to procure bait for mackerel fishing was of practical use. haden are said to be found only in United States waters, and are used extensively in the mackerel fishing, which is often successfully pursued with this description of bait, especially by its use for feeding and attracting the shoals. It is, however, by no means indispensable; other fish. baits, plentiful in British waters, are quite as successfully used in this particular kind of fishing business, and very generally in other branches, both of deep-sea and inshore fishing, as, for example, fresh herrings, alewives, capelin, sandlaunce, smelts, squids, clams, and other small fishes caught chiefly with seines close inshore. British fishermen can thus find sufficient bait at home, and can purchase from American dealers any quantities they require much cheaper than by making voyages to United States waters in order to catch it for themselves. It is a remarkable fact that for six years past American fishermen have bought from Canadians more herring-bait alone than all the menhaden bait im. ported into Canada during the same period. The menhaden bait itself can also be bred and restored to places in the Bay of Fundy, on the western coast of Nova Scotia, where it existed up to the time of its local extermination.

It is notorious that the supply both of food and bait fishes has be come alarmingly scarce along the United States coast. At Gloucester alone some thirty vessels are engaged during about six months in each year catching menhaden for bait. They sell about $100,000 worth annually, and, by catching them immoderately in nets and weirs for sup plying bait and to furnish the oil-mills, they are rapidly exterminating them. The Massachusetts Fishery Commissioners, in their report for 1872, state that "It takes many hands working in many ways to catch bait enough for our fishing fleet, which may easily be understood when it is remembered that each George's man takes fifteen or twenty barrels for a trip; and that each mackereler lays in from 75 to 120 barrels, or even more than that." One of the principal modes for the capture of bait and other fishes on the New England coast is by fixed traps or pounds on the shore. By means of these, herrings, alewives, and menhaden are caught as bait for the sea fishery, besides merchantable fish for the markets, and the coarser kinds for the supply of the oil factories. There are upward of sixty of these factories now in operation on the New England coast. The capital invested in them approaches $3,000,000. They employ 1,197 men, 383 sailing-vessels, and 29 steamers, besides numerous other boats. The fish material which they consume yearly is enormous, computed at about 1,191,100 barrels, requiring whole fishes to the number of about 300,000,000. These modes of fishing for meuhaden and other bait are furthermore such as to preclude strangers from participating in them without exceeding the terms of the treaty; and even without this difficulty, it must be apparent that such extensive native enterprises would bar the competition and suffice to insure the virtual exclusion of foreigners.

The attention of the Commissioners is therefore respectfully drawn to the following points:

1. The "sea fishery" is distant and unproductive.

2. The inshores are occupied to the fullest possible extent, and the supply, especially in the matter of bait, is rapidly becoming exhausted. 3. British fishermen have not, either during the Reciprocity Treaty or the Treaty of Washington, availed themselves of the freedom of fishing in the United States waters.

A careful consideration of these points will, we believe, lead t conviction that in this respect no advantage whatever accrues to B subjects.

2. Customs remissions by the United States in favor of Canada. The privilege of a free market in the United States for the pr of the fisheries of the Dominion of Canada, excepting fish of the i lakes and tributary rivers, and fish preserved in oil, remains to b sidered. It forms the only appreciable concession afforded by the for the right of free fishery in British waters, and the collateral a tages derived by United States citizens. We have already ad in paragraph 5 of chapter 2 of this Case to the mutual benefi reciprocal free market for fish. This is so clearly an advantage concerned, and particularly to the nation comprising the largest ni of fishermen, traders, and consumers, that it cannot be contende in this respect any advantage is conceded to Canada which is no ticipated in by the United States.

CONCLUSION.

For these and other reasons Her Majesty's Government, for th cession of these privileges in respect of the Dominion of Canada, over and above the value of any advantages conferred on Britis jects under the Fishery Articles of the Treaty of Washington, a sum of $12,000,000, to be paid in accordance with the terms treaty.

PART II.-NEWFOUNDLAND.

CHAPTER I.-Introduction and description of Newfoundland fishe

It has been already submitted, on page 15 of the introductory p of this case, that the following basis is the only one which it is po to adopt under the terms of the first part of Article XVIII of the of Washington, 1871, namely, that the value of the privileges gr to each country respectively by Articles XVIII, XIX, and XXI o treaty, which were not enjoyed under the 1st Article of the Convent the 20th of October, 1818, is that which this Commission is constitu determine.

The position occupied by Newfoundland in regard to the right o ing enjoyed by the United States citizens on her coasts is, howey many points distinct from that of Canada, and it is desirable to precisely how the case stands.

By Article I of the Convention of 1818 the inhabitants of the States acquired "forever the liberty to take fish of every kind of part of the southern coast of Newfoundland which extends from Ray to the Rameau Islands; on the western and northern coast of foundland from the said Cape Ray to the Quirpon Islands, and a the coasts, bays, harbors, and creeks from Mount Joly, on the so coast of Labrador, to and through the Straits of Belle-Isle, and i northwardly indefinitely along the coast, and the liberty forever. and cure fish in any of the unsettled bays, harbors, and creeks southern part of the coast of Newfoundland, hereabove describe the coast of Labrador; but so soon as the same, or any part t shall be settled, it shall not be lawful for the said fishermen to cure fish at such portions so settled without previous agreeme such purpose with the inhabitants, proprietors, or possessors ground; and the United States renounced forever any liberty 1

fore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbors of His Majesty's dominions in America not included within the above-mentioned limits; provided, however, that the United States fishermen shall be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood and of obtaining water, and for no other purpose whatever; but they shall be under such restrictions as shall be necessary to prevent their taking, drying, or curing fish therein or in any other matter whatever abusing the privileges hereby reserved to them."

In addition to the privileges so enjoyed under the Convention of 1818, Articles XVIII and XXI of the Treaty of Washington granted to United States citizens:

(1.) The liberty to take fish of every kind, except shell-fish, on the remaining portion of the coast of Newfoundland, with liberty to land on the said coast for the purpose of drying their nets and curing their fish; provided, that in so doing they do not interfere with the rights of private property or with British fishermen in the peaceable use of any part of the said coast in their occupancy for the said purpose; the salmon and shad fisheries and all other fisheries in rivers and mouths of rivers being reserved exclusively for British fishermen.

(2.) The admission into Newfoundland of fish-oil and fish of all kinds, except fish of the inland lakes and rivers falling into them, and except fish preserved in oil, being the produce of fisheries of the United States, free of duty.

The enjoyment of these privileges to continue for the period of twelve years certain.

In return for the privileges so granted to United States citizens, British subjects acquired under the same treaty

1. Similar rights of fishing and landing on United States coasts north of the 39th parallel of north latitude; and,

2. The admission into the United States of fish-oil and fish of all kinds, except fish preserved in oil, being the produce of the fisheries of Newfoundland, free of duty.

These privileges are also to continue for a period of twelve years certain.

A reference to the accompanying map will show that the coast, the entire freedom of which for fishing purposes has thus been acquired by the United States for a period of twelve years, embraces that portion extending from the Rameau Islands on the southwest coast of the island eastward and northwardly, to the Quirpon Islands. This coast contains an area of upwards of 11,000 square miles, including admittedly the most valuable cod-fisheries in the world. Fish of other descriptions, namely, herring, capelin, and squid, which are by far the best bait for the successful prosecution of the cod fisheries, can be taken in unlimited quantities close inshore along the whole coast, whilst in some parts are turbot, halibut, and lance.

The subjoined tables (Appendix B) of the exports of fish from New foundland for the past seven years will show the enormous and increasing value of these fisheries; and the census returns also annexed (Appendix C) afford the clearest evidence that the catch is very large in proportion to the number of men, vessels, and boats engaged in fishing operations on the coasts of Newfoundland, which have been thrown open to United States citizens under the Treaty of Washington.

In addition to the value, as shown above, of the inshore fisheries, the proximity of the Bauk fisheries to the coast of Newfoundland forms a