DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 825 



of the Colonial Customs laws, but it must be remembered that, in 

 proceeding to the waters in which the winter fishery is conducted, 

 American vessels must pass in close proximity to several custom- 

 houses, and that in order to reach or leave the grounds in the arms 

 of the Bay of Islands, on which the fishery has been principally car- 

 ried on during the past season, they have sailed by no less than three 

 custom-houses on the shores of the bay itself. So that the obligation 

 to report and clear need not in any way have interfered with a ves- 

 sel's operations. It must also be remembered that a fishery con- 

 ducted in the midst of practically the only centres of population on 

 the west coast of the Colony affords ample opportunities for illicit 

 trade, and consequently calls for careful supervision in the interests 

 of the Colonial revenue. 



The provisions in question are clearly necessary for the preven- 

 tion of smuggling, and His Majesty's Government are of opinion 

 that exception cannot be taken to their application to American ves- 

 sels as an unreasonable interference with the American fishery, and 

 they entertain the strong hope that the United States' Government 

 will, on reconsideration, perceive the correctness of this view, and 

 issue instructions accordingly for the future guidance of those in 

 charge of American vessels. 



It is, moreover, to the advantage of the American vessels engaged 

 in the winter fishery in the Bay of Islands that they should report 

 at a Colonial custom-house. Owing to the extent and peculiar con- 

 figuration of that bay, and owing to the prevalence of fogs, vessels 

 that enter its inner waters may remain for days without the local 

 officers becoming aware that they are on the coast unless they so 

 report. In such circumstances it is difficult for the Colonial Govern- 

 ment to insure to American fishermen that protection against law- 

 less interference for which Mr. Root calls in the concluding part of 

 his note. 



His Majesty's Government desire further to invite the attention of 

 the United States' Government to the fact that certain United States' 

 vessels engaged in the fishery refused to pay light dues. This is the 

 first time, His Majesty's Government are informed, that American 

 vessels have refused to pay these dues, and it is presumed that the 

 refusal is based on the denial by the Colonial Government of the 

 trading privileges allowed in past years. His Majesty's Government, 

 however, cannot admit that such denial entitles American vessels to 

 exemption from light dues in the ports in which they fish. As already 

 stated, American fishing- vessels engaged in the fishery under the Con- 

 vention of 1818 have no Treaty status as such, and the only ground 

 on which, in the opinion of His Majesty's Government, the applica- 

 tion of any Colonial law to such vessels can be objected to is that 

 such application involves an unreasonable interference with the 

 exercise of the Treaty rights of the American fishermen on board. 

 The payment of light dues by a vessel on entering a port of the 

 Colony clearly involves no such interference. These dues are pay- 

 able by all vessels of whatever description and nationality other than 

 coasting- and fishing- vessels owned and registered in the Colony 

 (which are, on certain conditions, exempt either wholly or in part). 

 His Majesty's Government trust that in these circumstances such di- 

 rections will be issued as will prevent further refusals in the future, 

 and they would point out generally that it is the duty of all foreign- 



