822 APPENDIX TO BRITISH CASE. 



The first deals with complaints which had reached the United 

 States' Government to the effect that vessels of the United States' 

 registry had been forbidden by the Colonial authorities to fish on 

 the Treaty Coast, the second with the provisions of " The Newfound- 

 land Foreign Fishing- Vessels Act, 1905," and the third with the 

 possibility of a lawless and violent interruption of the United States' 

 fishery by the inhabitants of the Bay of Islands. 



The complaints referred to in the first part of Mr. Root's note were 

 at once brought to the notice of the Government of Newfoundland, 

 and they replied that there had been no attempt to prevent American 

 fishermen from taking fish. The complaints in question appear to 

 have been based on some misunderstanding, and the subsequent course 

 of the fishery proved that the apprehensions on the part of the United 

 States' Government to which they gave rise were, fortunately not 

 well founded. 



His Majesty's Government, however, agree with the United States' 

 Government in thinking that inasmuch as the privileges which citi- 

 zens of the United States have for many years enjoyed of purchas- 

 ing bait and supplies and engaging men in Newfoundland waters 

 have recently been withdrawn and American fishermen have conse- 

 quently, in Mr. Root's words, been thrown back upon their rights 

 under the Convention of 1818, it is desirable that a clear understand- 

 ing should be reached regarding those rights and the essential condi- 

 tions of their exercise, and they have accordingly given the most care- 

 ful consideration to the six propositions advanced in Mr. Root's note 

 as embodying the views of the United States' Government on the 

 subject. 



They regret, however, that they are unable to record their assent 

 to these propositions without some important qualifications. 



Proposition 1 states: 



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

 permission or authority proceeding from the Government of Newfoundland. 



The privilege of fishing conceded by Article I of the Convention of 

 1818 is conceded, not to American vessels, but to inhabitants of the 

 United States and to American fishermen. 



His Majesty's Government are unable to agree to this or any of 

 the subsequent propositions if they are meant to assert any right of 

 American vessels to prosecute the fishery under the Convention of 

 1818 except when the fishery is carried on by inhabitants of the 

 United States. The Convention confers no rights on American 

 vessels as such. It enures for the benefit only of inhabitants of the 

 United States. 



Proposition 2 states: 



An American vessel seeking to exercise the Treaty right is not bound to ob- 

 tain a license 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. 



495 His Majesty's Government agree that the Government of 

 Newfoundland could not require that American fishermen seek- 

 ing to exercise the Treaty right should take out a licence from the 

 Colonial Government. No licence is required for what is a matter of 



