482 MISCELLANEOUS 



Every possible precaution has been taken by the government of 

 this colony to prevent such unreasonable interference, and during the 

 last autumn fishery on the treaty coast, when public feeling ran ex- 

 ceedingly high on account of the unlawful procedure of American 

 fishermen, which has formed the subject of previous Minutes of Coun- 

 cil, dated the 26th and 27th October, 1905, no single case of " unrea- 

 sonable " interference by either the officers of this government or the 

 fishermen of the colony was reported to the government, or, so far 

 as Committee of Council is aware, occurred throughout the whole 

 season. They are aware that it was reported to the Department of 

 the Secretary of State of the United States from some source un- 

 known to them that there had been an "' unreasonable " interference 

 with the exercise by American citizens of their right of fishery, 

 namely, that their nets had been destroyed by certain fishermen of this 

 colony, but on hearing of this alleged offence a rigid inquiry was 

 instituted, which resulted in a complete refutation of the charge, 

 seven captains of American fishing vessels making affidavit before 

 the commissioner, J. O'Reilly, J. P., that no nets or gear belonging to 

 American fishermen were destroyed by Newfoundlanders, and that if 

 any such damage was committed it was done " by the crews of the 

 American vessels against one another, and not by Newfoundlanders." 

 The said affidavits further set forth that American fishermen were 

 treated " in the best possible manner by the people of Newfoundland, 

 and were not interfered with in any way by them." 



What is meant by the reference of the United States Government to 

 Lord Salisbury's note to the United States Ministry, dated the 3rd of 

 April, 3880, is not entirely clear, but if the United States Government 

 desires it, to be inferred that the words of Lord Salisbury limited the 

 operation of the municipal law to that which was at the date of the 

 signature of the Treaty of Washington in force the Committee of 

 Council are of opinion that there is no justification for such an infer- 

 ence, for the words " in common " clearly meant that there was to 

 be equal enjoyment of the fisheries, and there could not be equal en- 

 joyment or fishing in common if American fishermen could prosecute 

 the fishery on Sunday while British fishermen were prevented by 

 municipal law from so doing. 



The presumption that light dues were not levied in 1818 is no doubt 

 correct, for the very good reason that the colony had not at that time, 

 nor until a much more recent date, any system of marine lights on 

 that coast. Such lights have, however, been established out of the 

 revenues of the colony, and they have to be maintained from the 

 same source. 



It is therefore difficult to imagine that a foreign nation, actuated 

 by a desire for justice alone, would contend that, while British fisher- 

 men are under the necessity of submitting to taxation for the mainte- 

 nance of light-houses, foreigners should be permitted to participate 

 in their benefits without contributing anything to the expense. 



The Committee of Council noticed the reference to 15 George III, 

 cap. 31, but they fail to observe in that statute any justification what- 

 ever for the position taken by the United States Government. 



Since that statute was passed others have been enacted, approved, 

 and enforced that rescinded the provisions referred to, and the latter 

 enactments, the Committee of Council hold, are binding upon Ameri- 

 can citizens in common with the subjects of His Majesty, provided 



