818 APPENDIX TO BKITISH CASE. 



I will try to state our view upon the matters involved in the situa- 

 tion, which now appears to exist upon the Treaty Coast. We con- 

 sider that 



1. Any American vessel is entitled to go into the waters of the 

 Treaty Coast and take fish of any kind. 



She derives this right from the Treaty (or from the conditions ex- 

 isting prior to the Treaty and recognized by it) and not from any 

 permission or authority proceeding from the Government of New- 

 foundland. 



2. An American vessel seeking to exercise the Treaty right is not 

 bound to obtain a licence from the Government of Newfoundland, 

 and, if she does not purpose to trade as well as fish, she is not bound 

 to enter at any Newfoundland custom-house. 



3. The only concern of the Government of Newfoundland with such 

 a vessel is to call for proper evidence that she is an American vessel, 

 and, therefore, entitled to exercise the Treaty right, and to have her 

 refrain from violating any laws of Newfoundland not inconsistent 

 with the Treaty. 



4. The proper evidence that a vessel is an American vessel and en- 

 titled to exercise the Treaty right is the production of the ship's 

 papers of the kind generally recognized in the maritime world as evi- 

 dence of a vessel's national character. 



5. When a vessel has produced papers showing that she is an 

 American vessel, the officials of Newfoundland have no concern with 

 the character or extent of the privileges accorded to such a vessel by 

 the Government of the United States. No question as between a 

 registry and licence is a proper subject for their consideration. They 

 are not charged with enforcing any laws or regulations of the United 

 States. As to them, if the vessel is American she has the Treaty 

 right, and they are not at liberty to deny it. 



6. If any such matter were a proper subject for the consideration 

 of the officials of Newfoundland, the statement of this Department 

 that vessels bearing an American Registry are entitled to exercise the 

 Treaty right should be taken by such officials as conclusive. 



If your Government sees no cause to dissent from these propositions, 

 I am inclined to think a statement of them as agreed upon would 

 resolve the immediate difficulty now existing on the Treaty Coast. 



I have, however, to call your attention to a further subject, which 

 I apprehend may lead to further misunderstanding in the near future 

 if it is not dealt with now. That is, the purposes of the Government 

 of Newfoundland in respect of the treatment of American fishing- 

 vessels as exhibited in a Law enacted during the past summer by the 

 Legislature of that Colony, under the title "An Act respecting For- 

 eign Fishing Vessels." 



This Act appears to be designed for the enforcement of laws pre- 

 viously enacted by Newfoundland, which prohibited the sale to for- 

 eign fishing-vessels of herring, caplin, squid, or other bait fishes, lines, 

 seines, or other outfits or supplies for the fishery or the shipment by a 

 foreign fishing- vessel of crews within the jurisdiction of Newfound- 

 land. 



The Act of last summer respecting foreign fishing-vessels pro- 

 vides : 



Section 1. Any Justice of the Peace, sub-collector, preventive officers, fishery 

 warden, or constable, may go on board any foreign fishing-vessel being within 



