70 CASE OF GKEAT BRITAIN. 



dom from those laws, but did not, in the absence of express stipula- 

 tion, bestow freedom from the conditions or obligations that resulted 

 from entry. It gave no liberty to enter under exceptional conditions. 



THE TREATY PROVISION. 



American vessels entering harbours for shelter, repairs, wood, or 

 water are given no special immunities, on the contrary, they are ex- 

 pressly subjected to 



such restrictions as may be necessary to prevent their taking, drying, 

 or curing fish therein, or in any other manner whatever abusing the 

 privileges hereby reserved to them. 



Under this provision American fishermen may be subjected to 

 special restrictions in addition to those applied generally to the 

 masters of all vessels. It cannot, however, be contended that the 

 liability to these special powers of restriction confers any immunity 

 from the usual conditions that attend entry into such bays, creeks, or 

 harbours. One of the chief abuses to be guarded against is the 

 carrying on of a contraband trade, and the regulation of first im- 

 portance, to prevent smuggling, is that which requires all foreign 

 vessels to report at customs. Such regulations are in force in both 

 Canada and Newfoundland. 



ABSENCE OF COMPLAINT. 



No complaint was made against the enforcement of such statutes 

 in Newfoundland waters prior to 1905. Protests have been made 

 against the action of the Canadian customs authorities, but the 

 ground of complaint has been that the regulations were enforced 

 too strictly, not that they were invalid. Mr. Phelps. in his letter 

 to the British Foreign Secretary, of the 26th January, 1887, put the 

 matter thus (App., p. 399) : 



But what the United States Government complain of in these 

 cases, is that existing Regulations have been construed with a 

 technical strictness, and enforced with a severity, in cases of in- 

 advertent and accidental violation where no harm was done, which 

 is both unusual and unnecessary, whereby the voyages of vessels 

 have been broken up. and heavy penalties incurred. 



CANADIAN ORDERS-IN-COTJNCIL. 



The Canadian Government has in certain Orders-in-Council justi- 

 fied the application of these customs requirements to ves- 

 81 sels exercising the privilege of entering harbours for shelter. 



Two of these Orders-in-Council may be referred to : 

 The first of them (28th October. 1886) dealt with the boarding of 

 the schooner " Rattler " in Shelburne Harbour, and compelling the 



