INTRODUCTION. 15 



caused by conflicting judicial decisions of 1870-1 as to whether the 

 purchase of bait within British waters was " preparing to fish " 



15 there. The new statute provided for seizure in case of foreign 

 fishing vessels having (App., p. 631) 



entered such waters for any purpose not permitted by treaty or 

 convention of the United Kingdom or Canada for the time being in 

 force. 



UNITED STATES RETALIATORY STATUTE, 1887. 



1887. American fishermen having thus been prohibited from pur- 

 chasing supplies in British waters, the United States passed retalia- 

 tory legislation, authorising the President by proclamation (App., 

 p. 793)- 



to deny vessels, their masters and crews, of the British' dominions 

 of North America, any entrance into the waters, ports, or places of, 

 or within, the United States (with such exceptions in regard to 

 vessels in distress, stress of weather, or needing supplies, as to the 

 President shall seem proper), whether such vessels shall have come 

 directly from said dominions on such destined voyage or by way of 

 some port or place in such destined voyage elsewhere. 



It will be observed that this statute was not confined (as was 

 Canadian action) to fishing vessels, but applied to vessels of all kinds. 



1887. Newfoundland passed a statute, by which it was provided 

 that no person should export, or catch for the purpose of exportation, 

 any herring, caplin, squid, or other bait fishes without a licence. 

 (App, p. 711.) 



1888. A convention was negotiated (known as the Chamberlain- 

 Bayard convention). It dealt with the question of bays and com- 

 mercial privileges. (App., p. 42.) 



The United States Senate declined to ratify this convention, and it 

 therefore never became operative. 



The negotiators, however, had provided for a modus vivendi pend- 

 ing legislative action with regard to the treaty, which is still in 

 operation in Canada. 



1888. Newfoundland passed a statute providing for the issue of 

 licences to purchase bait, for bait purposes. (App., p. 712.) 



1889. Newfoundland passed a statute amending and consolidating 

 the two previous statutes (1887 and 1888). This Act has been com- 

 monly known as the Bait Act. It prohibited (without licence) any 

 dealing with bait fishes for the purpose of exporting them to be 

 used either for consumption or as bait. (App., p. 713.) 



16 BOND-BLAINE CONVENTION OF 1890. 



1890. A convention was arranged affecting the relations between 

 the United States and Newfoundland (known as the Bond-Blaine 

 convention), which, however, never became effective. (App., p. 45.) 



