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Treaty, and the free exercise of those privileges, the falling off would have been much more considerable had the treaty not existed.

The allegation on the part of the United States, "that they desired to secure the privilege of using our fisheries, not for their commercial or intrinsic value, but for the purpose of removing a source of irritation," is not maintainable, for, while the Treaty of Washington obviates the necessity of a continuance of that vigilance in the protection of British rights, within territorial waters of the island, by throwing open all its preserves to the free use of the citizens of the United States, it must be remembered that such necessary protection was not the consequence of any right on the part of the United States, but the immediate result of a system of encroachment by the fishermen of that country in British waters, not in accordance with the observance of international rights-for, notwithstanding the Convention of 1818, they have continually attempted to participate in privileges exclusively belonging to the subjects of Her Britannic Majesty, thus causing much annoyance and vexation between the two nations, and forcing, as it were, the present arrangement, to avoid difficulties between two peoples whose mercantile as well as social and hereditary connections should be characterized by respect for mutual rights.

APPENDIX E.

DOCUMENTS FILED WITH THE SECRETARY OF THE HALIFAX COMMISSION, AND READ AT THE SITTING HELD ON THE 30TH DAY OF JULY, 1877, IN SUPPORT OF THE "CASE OF HER BRITANNIC MAJESTY'S GOVERNMENT."

I.

Extract of a report from Mr. E. H. Derby to the Hon. William H. Seward, dated January, 1867, p. 44.

The number of vessels in the fisheries has ranged since 1850 from 2,414 to 3,815 in 1862, besides boats in the shore fisheries. Six hundred sail of these vessels have in a single season fished for mackerel in the Gulf of St. Lawrence and Bay of Chaleurs, and taken fish to the amount of $4,500,000.

NOTE. Nearly one-fourth of our fishing-fleet, with a tonnage of 40,000 to 50,000 tons, worth $5,000,000 to $7,000,000 annually, fish near the three-mile line of the provinces.

II.

Extract from the same report, p. 78.

In 1865 vessels in the cod-fishery are estimated to average from 800 to 1,000 quintals of dry fish. In the mackerel business, from 500 to 700 barrels. Dry fish are now worth $8 to $9 per quintal, and mackerel $12 to $15 per barrel.

III.

Extract from the same report, p. 79.

Estimate of the fisheries of the United States for 1859, by Hon. L. Sabine, Secretary of Boston Board of Trade.

The tonnage alone is official. The sea and whale are estimated on official data; the shell, lake, river, &c., rest on some well-ascertained facts.

Sea (as cod, hake, haddock, mackerel, halibut, pollack, and sea-herring):

Tonnage

Value of fish and oil

Capital invested.

175, 306 $6,730, 000 $7, 280, 000

NOTE. The official tonnage is less. The difference is added for boats employed in the shore fisheries, which are neither enrolled nor licensed.

IV.

Fisheries of Prince Edward Island, pursued by Americans.

GOVERNMENT HOUSE, CHARLOTTETOWN, P. E. I.,

February 17, 1874.

SIR With reference to your dispatch No. 510 on 297, of the 24th of November last, I have now the honor to transmit a minute of the executive council of the 12th February, instant, on the subject of the fisheries and fish trade of this province, in connection with the claim for compensation provided for by Article XXII of the Treaty of Washington, as required by his excellency the governor-general; together with a copy of the address of the legislative council and assembly to the Queen, and a copy of minute of the executive council of the 2d February, 1873, both therein referred to.

I have the honor to be, sir, your most obedient, humble servant,
R. HODGSON,
Administrator.

The Hon. the SECRETARY OF STATE,

Ottawa.

Extracts from minutes of the executive council of Prince Edward Island.

COUNCIL CHAMBER, February 12, 1874.

At a meeting of the executive council in committee:

Present: Mr. Owen, Mr. Haviland, Mr. Brecken, Mr. Yeo, Mr. Lefurgy, Mr. Sullivan, Mr. Strong, Mr. McDonald, Mr. Arseneault."

The following minute was adopted and ordered to be presented to his honor the administrator of the government:

1. The executive council in committee having had under consideration several communications from the government of the Dominion bearing date respectively the 15th October, 16th November, and 12th December, 1873, requesting this government to furnish a report "regarding the fisheries and fish trade of this island, connected with the claim for compensation provided by Article 22 of the Treaty of Washington," beg to report as follows:

2. That in any estimate which may be made of the value of our island fisheries, no credit can be given or allowance made for the nominal privileges accorded to the inhabitants of this island by Articles 19 and 21 of said treaty, inasmuch as the fisheries in and around this island are in a comparatively primitive state, and as yet undisturbed by the multifarious appliances of bay-nets, traps, weirs, &c., which have almost destroyed the sea-coast and inland fisheries of the United States.

3. The situation of this island in the Gulf of St. Lawrence makes it one of the best fishing stations in the world, whilst along its nearly four hundred miles of sea coast every mile abounds in cod, hake, haddock, salmon, and mackerel, as well as other fish, during the proper seasons. Thus situated, fishermen are induced to use its ports in preference to other ports of the Dominion on the mainland.

4. With a weekly line of steamers from Charlottetown to Boston, and daily communication by rail with the different outports of this island, the American fisherman will be enabled to place his catch weekly in the United States market at a cost of one dollar per barrel from all ports of this island, receive new outfits, and continue his fishing during the season, thus saving the long and dangerous passage of each trip to and

from the United States, as well as enabling vessels to make three or four successful trips instead of one.

5. The best evidence of the value of "free fishery" to the citizens of the United States may be shown by the decrease in their tonnage and men from 1862 to 1868. In 1862, whilst they enjoyed the benefit of the Reciprocity Treaty of 1854, the United States had employed in the cod and mackerel fishery 203,000 tons, which diminished in 1868 to 84,000 tons. Last year the United States had, according to a late report, "one thousand vessels engaged in the mackerel fishery alone, worth not less than $5,000,000, manned by more than 12,000 seamen ; and the town of Gloucester, Mass., alone sent out more than 400 of these vessels."

6. In connection with these facts, it may not be out of place here to state, that Mr. Consul Jackson, in his "Report on the commercial relations of the Dominion and the United States," places the total provincial fisheries at $11,759,530, and the United States fisheries at $7,000,000. Owing to the very imperfect manner in which our statistics have been collected, it is difficult to obtain reliable data on the question, as far as we are concerned. For example, in the report above referred to, Prince Edward is put down as yielding only $169,580.90, which is below our export alone for that year. Besides this, our exports could not possibly show what fish were taken inside the "three-mile line by our own fishermen, much less by foreigners.

Annexed, marked A, is a statistical return showing the description of property used in the fisheries, and the quantity of fish caught by our fishermen, within the three-mile line, for the year 1871, by which it appears that only about two per cent. of our population are engaged in fishing pursuits; that the average value catch per man for the same is two hundred dollars, the whole catch about three hundred and twenty thou sand dollars, and the number of persons engaged therein 1,646.

7. It is alleged, as we believe untruly, that the great portion of the mackerel taken by the United States fishing-fleet is obtained or caught outside the "three-mile line," but this we do not believe to be the fact, as we have no doubt, from information obtained from persons actually engaged in the fishing business, that "inside" and "outside" fishing are indispensable to the success of the voyage, and that the inside fishery in general is more productive and remunerative than the outside fishery.

8. From the 1st July to the 1st October is the mackerel season around our coasts, during which time the United States fishing-fleet pursues its work; and as it has been shown that in 1872 over one thousand sail of United States schooners from 40 to 100 tons were engaged in the mackerel fishery alone, from this fact, together with our experience arising from the collection of "Light money" (now abolished), as well as from actual observation, a fair average of United States vessels fishing around our coast during the season referred to may be safely stated at three hundred sail; and as a season's work is usually about six hundred barrels per vessel, we may fairly put down one-third of the catch as taken inside the "three-mile limit;" which should give the following result: 300 sail at 200 barrels each, 60,000 barrels, at say $5 per barrel for net cost of fish above $300,000, as the yearly value of the mackerel alone taken from our shores; or, as has been shown in paragraphs, each one of our own men engaged in the inshore mackerel fishing in boats shared two hundred dollars per man.

9. It will be perceived that the preceding observations relate solely to the mackerel fishery, by far the most important in our estimation;

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