QUESTION THEEB. 55 



of any treaty rights, the proper course to pursue is not to ignore the 

 law, but to obey it, and to refer the question of any alleged infringe- 

 ment of their treaty rights to be settled diplomatically between their 

 Government and that of His Majesty. 



Replying to this memorandum, Mr. Root said (App., p. 501) : 



The Government of Newfoundland cannot be permitted to make 

 entry and clearance at a Newfoundland custom-house, and the pay- 

 ment of a tax for the support of Newfoundland lighthouses, condi- 

 tions to the exercise of the American right of fishing. 



ENTRY AT CUSTOMS. 

 SITUATION PRIOR TO THE TREATIES 



It is important that the situation prior to the American Revolu- 

 tion, and the treaties of 1783 and 1818, should be understood. 



British navigation laws formerly excluded all foreign countries 

 from any trade or intercourse with British plantations and colonies. 

 The most important of these navigation laws was 12 Car. II, cap. 18, 

 1660. (App., p. 514.) It provided that no goods or commodities 

 should be imported into, or exported out of any British possessions in 

 Asia, Africa or America, in any vessels except such as belonged to 

 the people of England, Ireland, or Wales, or the town of Berwick, 

 and whereof the master and three-quarters of the mariners were 

 English. 



In 1696, the British statute 7 and 8 Wm. Ill, cap 22 (App., p. 



520), made further provisions to prevent frauds, and to regulate 



abuses in His Majesty's customs in the plantation trade. By section 



6 of that Act, it was provided that all ships coming into, or going out 



of, the plantations, and loading or unloading their commodities, 



should be subject and liable to the same rules, visitations, 



searches, penalties, and forfeitures as the commanders and 



64 masters of ships were subject and liable to in Great Britain 



under 14 Car. II, cap. 11. 



In 1736, the British statute 9 Geo. II, cap 35 (App., p. 530), made 

 still more effectual provisions for preventing frauds. It provided for 

 the arrest and imprisonment of persons lurking within five miles of 

 the coast suspected of assisting in carrying on a contraband trade; 

 for the forfeiture of vessels found at anchor or hovering within two 

 leagues of the shore, with tea and other prohibited articles on board ; 

 and for the forfeiture of vessels and goods, in case foreign goods v^re 

 taken on board or discharged within four leagues of the coast without 

 paying customs. 



In 1763, the British statute 4 Geo. Ill, cap. 15, sec. 33, (App., 

 p. 531) adopted somewhat similar measures for the colonies. It 

 provided that any foreign ship found at anchor, or hovering within 

 two leagues of the shore of any of His Majesty's dominions, which 



