54 QUESTION THREE. 



conducted, American vessels must pass in close proximity to several 

 custom-houses, and that in order to reach or leave the grounds in 

 the arms of the Bay of Islands, on which the fishery has been prin- 

 cipally carried on during the past season, they have sailed by no less 

 than three custom-houses on the shores of the bay itself. So that the 

 obligation to report and clear need not in any way have interfered 

 with a vessel's operations. It must also be remembered that a fishery 

 conducted in the midst of practically the only centres of population 

 on the west coast of the colony affords ample opportunities for 

 illicit trade, and consequently calls for careful supervision in the in- 

 terests of the colonial revenue. 



The provisions in question are clearly necessary for the prevention 

 of smuggling, and His Majesty's Government are of opinion that 

 exception cannot be taken to their application to American vessels 

 as an unreasonable interference with the American fishery, and they 

 entertain the strong hope that the United States' Government will, 

 on reconsideration, perceive the correctness of this view, and issue 

 instructions accordingly for the future guidance of those in charge 

 of American vessels. 



It is, moreover, to the advantage of the American vessels engaged 

 in the winter fishery in the Bay of Islands that they should report at 

 a colonial customhouse. Owing to the extent and peculiar configura- 

 tion of that bay, and owing to the prevalence of fogs, vessels that 

 enter its inner waters may remain for days without the local officers 

 becoming aware that they are on the coast unless they so report. In 

 such circumstances it is difficult for the Colonial Government to 

 ensure to American fishermen that protection against lawless inter- 

 ference for which Mr. Root calls in the concluding part of his note. 



His Majesty's Government desire further to invite the attention of 

 the United States' Government to the fact that certain United States' 

 vessels engaged in the fishery refused to pay light dues. This is the 

 first time, His Majesty's Government are informed, that American 

 vessels have refused to pay these dues, and it is presumed that the 

 refusal is based on the denial by the Colonial Government of the 

 trading privileges allowed in past years. His Majesty's Government, 

 however, cannot admit that such denial entitles American vessels to 

 exemption from light dues in the ports in which they fish. As already 

 stated, American fishing- vessels engaged in the fishery under the con- 

 vention of 1818 have no treaty status as such, and the only ground on 

 which, in the opinion of His Majesty's Government, the application 

 of any colonial law to such vessels can be objected to is that such 

 application involves an unreasonable interference with the 

 63 exercise of the treaty rights of the American fishermen on 

 board. The payment of light dues by a vessel on entering 

 a port of the colony clearly involves no such interference. These 

 dues are payable by all vessels of whatever description and nation- 

 ality, other than coasting and fishing-vessels owned and registered 

 in the colony (which are, on certain conditions, exempt either wholly 

 or in part). His Majesty's Government trust that in these circum- 

 stances such directions will be issued as will prevent further refusals 

 in the future, and they would point put generally that it is the duty 

 of all foreigners sojourning in the limits of the British jurisdiction 

 to obey that law, and that if it is considered that the local jurisdic- 

 tion is being exercised in a manner not consistent with the enjoyment 



