79 QUESTION FOUR. 



CUSTOMS ENTRIES AND LIGHT AND HARBOUR DUES IN NON- 

 TREATY WATERS. 



Under the provisions of the said article, that the American fisher- 

 men shall be admitted to enter certain bays or harbours for shelter, 

 repairs, wood, or water, and for no other purpose whatever, but that 

 they shall be under such restrictions as may be necessary to prevent 

 their taking, drying, or curing fish therein or in any other manner 

 whatever abusing the privileges thereby reserved to them, is it per- 

 missible to impose restrictions making the exercise of such privileges 

 conditional upon the payment of light or harbour or other dues, or 

 entering or reporting at custom-housts or any similar conditions f 



ARGUMENT. 



The considerations which have been advanced in support of the 

 contention made by Great Britain under the third question apply 

 equally here, and are adopted for the purposes of this question. 



A grant of liberty to enter a bay or harbour, whether by statute or 

 treaty, confers the right to enter, subject to the usual obligations of 

 entry, that is compliance with the rules and regulations in force there. 



Every vessel entering a harbour, whether under a legal right or by 

 privilege merely, is obliged, in the absence of express exemption, to 

 observe all pilotage, quarantine, and anchorage rules, and, it is sub- 

 mitted, is equally bound to comply with all regulations requiring 

 entry or report at customs, and payment of all dues or tolls charged 

 to defray the expense of establishing and maintaining any maritime 

 improvements. 



As already pointed out, these are usual incidents of laws permitting 

 vessels to enter ports or harbours, and unless special exemption there- 

 from is given, they must be observed. A grant of the right to enter a 

 harbour does not in any way relieve from the performance of such 

 obligations as the entry itself imposes. 



EXCLUSION IN 1818. 



And this is particularly so as applied to a grant, made in or 



80 prior to 1818, permitting foreign vessels to enter colonial har- 

 bours. At that time strict navigation laws were in force, in- 

 volving exclusion of foreign vessels from colonial harbours. A grant 

 of liberty to enter harbours under those circumstances, granted free- 



92909" S. Doc. 870, 61-5, vol 4 6 69 



