474 MISCELLANEOUS 



1. That the government of this colony had not required United 

 States vessels to produce United States fishery licenses. 



2. That United States vessels had not been required to obtain 

 licenses from the government of this colony. 



3. That in respect to entering and clearing the government of this 

 colony considered that under the customs act, 1898, particularly sec- 

 tion 22, 61 Vic., cap. 13, which provides that " the master of every 

 vessel coming from any port or place out of this colony, or coastwise, 

 and entering any port in this colony, whether laden or in ballast, shall 

 go without delay, when such vessel is entered or moored, to the cus- 

 tom-house for the port or place of entry where he arrives and shall 

 make a report in writing to the collector, or other proper officer, of the 

 arrival and voyage of such vessel," etc., United States vessels are not 

 exempt, and that neither are they exempt by the Convention of 1818. 

 They submitted that when the sovereign power granted fishing priv- 

 ileges to the United States under the said convention it retained its 

 inherent rights of sovereignty, such as the right to enforce the treaty 

 within its own dominion, and to make and enforce all laws not incon-' 

 sistent with the same; that one of the inherent rights of sovereignty 

 is to prevent smuggling and crimes of all kinds; that the government, 

 by virtue of the constitution granted to them by His Majesty, is the 

 paramount power within the 3-mile limit of the coasts of the colony, 

 and that it is their inherent right to decide what measures shall be 

 adopted to protect the revenues of the colony from smuggling, and 

 that one of the measures adopted is the obligation of all vessels to 

 enter at the custom-house. 



They pointed out that the correctness of this position was not ques- 

 tioned by American fishermen until two days previous to the receipt 

 of the telegram from the Secretary of State, when the masters of the 

 United States schooners H. M. Stanley, Senator Gardner, Tattler, and 

 Maxine refused to make a formal report to the subcollector at Bay 

 of Islands, informing him that they were advised by wire while at 

 Sydney not to do so. They further pointed out that in January, 

 1900, two United States schooners were fined, respectively, $100.00 

 and $180.00 for nonreport; that in June, 1902, two other United 

 States schooners were fined, respectively, $160.00 and $100.00; but 

 with these exceptions United States vessels had always entered and 

 cleared at the customs. They concluded their reply to the Secretary 

 of State by intimating that out of deference to the wish expressed by 

 His Majesty's Government they would refrain from any action likely 

 to cause friction with the United States; that up to the moment of 

 transmitting this reply no steps had been taken to vindicate the law, 

 but the government felt confident that His Majesty's Government 

 would concur with the view that however embarrassing it might be 

 the majesty of the law should be upheld by legal proceedings pro- 

 vided in such case. 



On the same day, namely, the 26th of October, 1905, His Majesty's 

 Government was advised that a formal notice had been handed to In- 

 spector O'Reilly by agents of the United States vessels at Bay of 

 Islands that " members of crews of American vessels whose homes 

 were in the Bay of Islands, and who had been shipped in North 

 Sydney, would commence on the following day to use certain boats 

 and nets belonging to them 2 and then at their homes, in catching 

 herrings for the said American schooners," which the government 



