Closing Arguments by Hon. Dwight Foster, Hon. Wm.H. Trescot and Hon. Richard H. Dana, Jr., on Behalf of the United States, Before the Fishery Commissi

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1877 Excerpt: ... intended to execute that Treaty. That Act provided, that, if any such foreign vessel is found fishing, or preparing to fish, or to have been fishing, in British waters, within, three miles of the const, such vessel, her tackle, etc., and cargo shall be forfeited. That was the language of the Statute of George III., and of the Dominion statutes. Is it not plain enough, --it seems to me, it has seemed so to all Americans, I think, --that that statute was aimed, as the Treaty was, against fishing within three miles? lint in one Court the learned Judge who presides over it--a man of learning and ability, recognized in America and in the Provinces, therefore giving his decision the greater weight--decided two points against us. We had supposed that the statute meant for fishing within three miles you will be condemned, and in order that it should not be required that a man should be caught in the ver' act of drawing up fish (which would be almost impossible), it was explained by saying, or caught having fished or preparing to fish --meaning such acts as heaving his vessel to, preparing his lines, throwing them out, and the like. The learned Court decided, first, that buying bait, and buying it on shore, was preparing to fish, within the meaning of the statute. If an American skipper went into a shop, leaned over the counter, and bargained with a man who had bait to sell on shore, he was preparing to fish, and, as he certainly was within three miles of the shore, his preparation was made within three miles; and the judge treated it as immaterial whether he intended to violate the provision of the Treaty by fishing within three miles of the shore, so long as he was preparing, within three miles, to fish anywhere in the deep sea, on the Banks of Newfoundla...