DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 819 



any port of the coasts of this island, or hovering within British waters within 

 3 marine miles of any of the coasts, bays, creeks, or harbours in ti,is island, and 

 may bring such foreign fishing-vessel into port, may search her cargo and may 

 examine the master upon oath touching the cargo and voyage, and the master 

 or person in command, shall answer truly such questions as shall be put to him 

 under a penalty not exceeding 500 dollars. And if such foreign fishing-vessel 

 has on board any herring, caplin, squid, or other bait fishes, ice, lines, seines, 

 or other outfits or supplies for the fishery purchased within any port on the 

 coast of this island, or within the distance of 3 marine miles from any coasts, 

 bays, creeks, or harbours of this island, or if the master of the said vessel shall 

 have engaged or attempted to engage any person to form part of the crew of 

 the said vessel in any port or on any part of the coasts of this island, or has 

 entered such waters for any purpose not permitted by Treaty or Convention 

 for the time being in force such vessel and the tackle, rigging, apparel, furniture, 

 stores, and cargo thereof shall be forfeited. 



Section 3. In any prosecution under this Act the presence on board any 

 foreign fishing-vessel in any port of this island, or within British waters afore- 

 said of any caplin, squid, or other bait fishes, of ice, lines, seines, or other outfits 

 or supplies for the fishery shall be primd, facie evidence of the purchase of the 

 said bait, fishes, and supplies and outfits within such port or waters. 



It seems plain that the provisions above quoted constitute a warrant 

 to the officers named to interfere with and violate the rights of Ameri- 

 can fishing- vessels under the Treaty of 1818. 



The 1st section authorizes any of the officers named to stop an 

 American vessel while fishing upon the Treaty Coast and compel it 

 to leave the fishing grounds, to prevent it from going to the places 

 where the fish may be, to prevent it departing with the fish which 

 it may have taken, and to detain it for an indefinite period during a 

 search of the cargo and an examination of the master under oath 

 under a heavy penalty. 



It is to be observed that this section does not require that the vessel 

 shall have been charged with any violation of the laws of Newfound- 

 land, or even that she shall have been suspected of having violated 

 the laws of Newfoundland as a condition precedent to compelling it 

 to desist from the exercise of its Treaty rights, and virtually seizing 

 it and taking it into port. In the consideration of this provision, it 

 is unnecessary to discuss any question as to the extent to which 

 493 American vessels may be interfered with in the exercise of 

 their Treaty rights pursuant to judicial proceedings based 

 upon a charge of violation of law, or even upon reasonable ground to 

 believe that any law has been violated, for the authority of the Acts 

 authorized appears to be part of no such proceeding. 



When we consider that the minor officials named in the Act, 

 invested with this extraordinary and summary power, are presump- 

 tively members of the fishing communities, in competition with which 

 the American fishermen are following their calling, it is plain that 

 in denying the right of the Government of Newfoundland to do what 

 this section provides for we are not merely dealing with a theoretical 

 question, but with the probability of serious injustice. 



The 3rd section of the Act, above quoted in full, makes the presence 

 on board of an American vessel of the fish, gear the implements 

 necessary to the exercise of the Treaty right primd facie evidence 

 of a criminal offence against the laws of Newfoundland, and it also 

 makes the presence on board the vessel of the fish which the vessel 

 has a right to take under Treaty primd facie evidence of a criminal 

 offence under the laws of Newfoundland. This certainly cannot be 

 justified. It is, in effect, providing that the exercise of the Treaty 

 right shall be primd facie evidence of a crime. 



