836 APPENDIX TO BRITISH CASE. 



[Extract from the " Boston Herald " of July 9, 1906, enclosed in above.] 

 [Special despatch to the " Boston Herald."] 



GLOUCESTER, July 10, 1906. 



The following self-explanatory letter bearing upon the Newfound- 

 land herring fishery, and in line with what was published in the 

 " Herald " this morning, has been received by the Board of Trade in 

 this city from Congressman Gardner: 



To the Gloucester Board of Trade, Gloucester. 



HAMILTON, July 7, 1906. 



GENTLEMEN, I am receipt of a letter dated the 2nd July, 1906, from the Sec- 

 retary of State just before his departure for South America, answering a large 

 number of the questions raised in my Memorandum of Mr. Alexander of the 

 United States' Fish Commission, dated the 30th June, relative to the fishery 

 regulation of Newfoundland coast. 



The State Department holds that the local regulation prohibiting purse sein- 

 ing is unreasonable as against American fishermen. If our fishermen undertake 

 to exercise their rights in this way, the State Department will do everything in 

 its power to help them, and, if vessels should be seized or their fishing interfered 

 with, to secure adequate compensation. It is my view, therefore, that it would 

 be wise for Gloucester vessels desirous of doing so to prepare to take herring by 

 purse seines this autumn. 



I am well aware that I am taking a great responsibility and risk in offering 

 this advice, but the situation is such that I feel it would be unjustifiable for me 

 to decline to give a definite opinion. It is, of course, within the bounds of possi- 

 bility that American fishermen taking herring with purse seines may be sub- 

 ject to such annoyance as may cause serious financial losses. Nevertheless, it 

 is necessary for our fishermen to receive some definite statement, and the advice 

 that I give is the result of my most serious thought. 



Many of the provisions of the new Act passed on the 10th May, 1906, are 

 extremely unfriendly, but some of those which are unfriendly are probably not 

 violations of our Treaty rights. The State Department believes that New- 

 foundland has the right to prohibit its own citizens from engaging in our crews 

 unless they are inhabitants of the United States. If they are inhabitants of the 

 United States we are entitled to have them fish from our vessels regardless of 

 their citizenship. The views expressed above, if correct, would permit our ves- 

 sels to go purse seining with crews shipped in American waters, but our right 

 to secure such crews by advertisement in the Newfoundland papers would un- 

 doubtedly be contested by Great Britain. In order to avoid the raising of this 

 question at the present time I suggest that no such advertisements shall be 

 inserted. 



With regard to the question of gill netting as carried on in the Bay of Islands 

 and elsewhere, I do not think that we can contest the right of Newfoundland to 

 forbid her citizens from shipping aboard our vessels; and this prohibition may 

 perhaps apply to other British subjects. We contend, however, that Newfound- 

 land is not entitled to inquire into the nationality of our crews; but the con- 

 trary view appears to be taken by the British Government. At the present 

 time, therefore, it is undesirable to raise this question if a successful herring 

 season can be obtained in some other way. 



My advice as to the coming fishing season is to refrain from shipping British 

 subjects in British waters or British ports. I am aware, of course, that this ad- 

 vice, if carried out practically precludes gill netting for the coming season, 

 unless that operation is carried on by combining the crews of several vessels. 

 The State Department is now contending with the Government of Great Britain 

 that Newfoundland had no right to interfere with our fishermen by any regula- 

 tion that did not exist when the Treaty of 1818 was made. At the same time 

 we have offered to join with Great Britain in agreeing to reasonable regulations. 

 The courses of diplomacy, however, are so slow that I do not believe it would be 



possible to arrive at any definite conclusion prior to 1907. 



503 I feel the very grave responsibility which I take in giving any advice at 

 all, and if it is followed I shall not cease to feel uneasy for fear that I 



