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considerable extent by the United States fishermen, and evidence will be adduced of large exportations by them in American vessels, particularly from Fortune Bay and the neighborhood, both to European and their own markets.

"The presence of United States fishermen upon the coast of Newfoundland, so far from being an advantage, as is assumed in the answer, operates most prejudically to Newfoundland fishermen. Bait is not thrown overboard to attract the fish, as asserted, but the United States bank fishing vessels, visiting the coast in such large numbers as they do for the purpose of obtaining bait, sweep the coast, creeks, and inlets, thereby diminishing the supply of bait for local catch, and scaring it from the grounds where it would otherwise be an attraction for cod."

And

In support of these views, the most abundant and complete testimony was produced by the British Government, showing the extent of the United States herring fishery, the character and construction of the seines used, the time when the vessels came and left, and the employment of the native fishermen by the United States vessels. it follows unanswerably that upon the existence of that fishery between the months of October and April, and upon the use of just such seines as were used by the complainants in this case, and because the increasing direct fishery of the United States vessels was interfering with native methods and native profits, the British Government demanded and received compensation for the damages thus alleged to proceed from "the liberty in common to take fish of every kind" secured by the treaty. With what justice can the British Government now contend that the time and the method for which they asked and received compensation are forbidden by the terms of the very treaty under which they made the claim and received the payment?

In conclusion, and in reference to the suggestion of Lord Salisbury that the United States fishermen were bound to abstain from the use of the fishery until due representation had been made to Her Britannic Majesty's Government, we would say, without argument as to the correctness of any such assumption, that as a fact this is just what the United States fishermen did. They were engaged in the prosecution of a lawful industry, in a method which was recognized as lawful by the award of the Halifax Commission, the privilege to exercise which their government had agreed to pay for. They were forcibly stopped, not by legal authority, but by mob violence. They made no resistance; withdrew from the fishing grounds; represented the outrage to their government; have not returned to Newfoundland, and are waiting in perfect confidence that the government will vindicate their rights, and see that just compensation is made for their losses.

Respectfully,

DWIGHT FOSTER,
WM. HENRY TRESCOT,
Counsel for Claimants.

Annexes to the foregoing letter of Messrs. Foster and Trescot.

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This vessel also makes an additional claim for value of herring in her net,

besides her full cargo.

10.

Charles E. Warren..

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$1,700 00

2,180 53

$3,700 00 5,680 50

3, 133 65

5, 564 40

1, 754 50

4, 654 50

2, 153 95

4, 953 95

2,619 04

4, 619 04

2,495 50

4,895 50

3,800 00

5,748 05

1, 586 05

4,586 05

4,000 00

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This vessel was chartered by Brown, Seavy & Co. for a trip to Fortune Bay for herring, in January, 1878.

They paid the owners of the schooner for the charter.....
Expenses of the voyage, crew's wages, provisions, &c., amounted to...

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Then personally appeared the above-named William Seavey and made oath that the foregoing statement by him subscribed was true, before me.

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Bill of expense on a voyage to Newfoundland for herring from December 6, 1877,

2. Schooner Mary M.

February 26, 1878.
DR.

to

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Average profits of Newfoundland voyages made by schooner Mary M., Cap- 2,180 53 tain Murray, for ten seasons (except the year 1876)...

3,500 00

5,650 50

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Personally appeared M. B. Murray and made oath to the truth of the statement signed by him, before me.

[SEAL.]

AARON PARSONS, N. P.

3. Schooner Lizzie and Namari.

Actual expense of voyage to Fortune Bay, Newfoundland, January, 1878.

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This vessel was hired by us, and we actually paid in cash the amount placed in the above account as charter.

JOHN F. WONSON & CO.

GLOUCESTER, December 23, 1878.

Essex, 88:

MASSACHUSETTS,

GLOUCESTER, December 23, 1878.

Personally appeared Frank A. Wonson, a member of the firm of J. F. Wonson & Co., and made oath to the truth of the statement signed by him.

Before me.

[L. S.]

AARON PARSONS, N. P.

4. Schooner Edward E. Webster.

Expenses, actual money paid out in voyage to Fortune Bay, January, 1878.

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A preceding trip of this vessel to Fortune Bay for herring in the year 1875 netted

The expenses were...

Leaving a profit cf...

1,754 50

5,400.00 2,500 (0

2,900 00

This vessel was driven off without obtaining any herring, and her voyage resulted in a loss of

(1.) The actual expenses

1,754 50

(2.) Profit on voyage, provided the vessel did no better than the previous

year....

2,900 00

4,654 50

DENNIS & SON,

Per J. G. DENNIS.

COMMONWEALTH OF MASSACHUSETTS,

Essex, 88:

GLOUCESTER, December 20, 1878.

Then personally appeared the above-named George Dennis and made oath to the truth of the foregoing statement before me.

ALFRED D. FOSTER,

Notary Public.

5. Schooner William E. MacDonald.

Actual expenses, money paid out for trip to Fortune Bay, January, 1878:

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Total actual expenses...

Probable profit, calculated on an average of preceding years.

Total loss....

MASSACHUSETTS,

Essex, 88:

34 86 465 50

34 76

4.45 159 98

670 50

412 00

74 07

2, 153 95

2,800 00

4,953 95

WM. PARSONS, 2D, &c.

GLOUCESTER, December 23, 1878.

Personally appeared William Parsons, 2d, and made oath the statement made and signed by him is true.

Before me,

[L. S.]

AARON PARSONS, N. P.

6. Schooner Crest of the Wave.

Actual expenses of the trip to Fortune Bay for herring in the month of January, 1878:

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The probable profit on a trip for herring to Newfoundland, calculated from

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Then personally appeared the above named William B. Coombs and made oath that the foregoing statement by him subscribed was true.

Before me,

ALFRED D. FOSTER,
Notary Public.

7. Schooner F. A. Smith.

Actual expenses of voyage to Fortune Bay for herring, in January, 1878; money paid

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This vessel was hired for the trip and $850.00 was actually paid for the charter..

1,645 50

850 00

2,495 50

Profit of a fair average voyage, calculated on previous voyages........

2,400 00

4,895 50

JOSEPH FRIEND.

GEORGE W. PLUMMER.
B. T. FRIEND.

COMMONWEALTH OF MASSACHUSETTS,

Essex, 88:

GLOUCESTER, December 20, 1878.

Then personally appeared the above-named Joseph Friend and made oath that the foregoing statement by him subscribed was true.

Before me,

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The actual expenses of this vessel in the voyage to Fortune Bay, in January, 1878

were:

Outfit for voyage.

$1,900 00 1,000.00

400 00

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If this vessel had made a fairly prosperous voyage, her profit would have been....

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This vessel having been prevented from obtaining a cargo in Newfoundland, her loss was ...

5,748 00

A seine was carried down by this vessel which was destroyed by the natives who were hired to set it.

JAMES MANSFIELD & SONS, By ALFRED MANSFIELD.

COMMONWEALTH OF MASSACHUSETTS,

Essex, 88:

GLOUCESTER, December 20, 1878.

Then personally appeared the above-named Alfred Mansfield and made oath that the foregoing statement by him subscribed was true.

Before me,

ALFRED D. FOSTER,
Notary Public.

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