BRITISH, COLONIAL AND OTHEB CORRESPONDENCE, ETC. 517 



had been so forcibly advocated by the then Governor, Sir G. W. 

 Des Voeux should be enforced against American fishermen. 



When the legislature met on the 30th March, 1905, His Excellency 

 the Governor, in the speech from the throne, said : " I would observe 

 that the serious loss occasioned the fishermen of this Colony last 

 season by the difficulty of obtaining a full supply of bait fishes 

 rendered it very imperative for my Ministers to consider whether the 

 very valuable bait privileges conceded to the fishermen of the United 

 States by the Government of this Colony in expectation of ratifica- 

 tion of the Convention could be continued without detriment to our 

 fishery interest. After very careful inquiry and consideration, it 

 was decided that, under existing circumstances, local interests would 

 be best conserved by withholding those privileges." 



In order to more effectively carry out the provisions of the Bait 

 Act, which had been in force for nearly 20 years against French 

 fishermen, but which, for the reasons I have set forth, were not en- 

 forced in their entirety against American citizens, the Government 

 introduced the Foreign Fishing Vessels Act of 1905, whereby it was 

 provided, amongst other things, that it shall be unlawful for the 

 master of any foreign fishing vessel " to engage any person to form 

 part of the crew of said vessel in any port or on any part of the 

 coasts of this island." 



The method adopted by American fishermen of conducting the 

 herring fishery on the west coast of the Colony had ever been by 

 purchase or barter. The Bait Act, as it stood, enabled us to prevent 

 a continuation of that practice, but the Government appreciated that 

 the Americans would attempt to overcome the difficulty occasioned 

 by the enforcement of the Bait Act by engaging local fishermen to 

 form part of their crews, and to catch the fish they required. It was 

 for the purpose, then, of preventing this evasion of the spirit and 

 intention of the Bait Act of 1887, that the clause that I referred to 

 was inserted in the Act of 1905. 



At the close of the Session of the Newfoundland Legislature of 

 1905, this Foreign Fishing Vessels Act was assented to and became 

 the law of the land. 



In October of that year the autumn herring fishery on the west 

 coast commenced, when it was found that American fishermen were 

 determined to ignore the provisions of the Bait Act as well as the 

 Foreign Fishing Vessels Act of 1905. The position was further 

 aggravated by their refusing to comply with our Customs and Rev- 

 enue Laws and to enter and clear and pay light dues as they had ever 

 done heretofore. 



Out of deference to the wishes of His Majesty's Government my 

 Government abstained from enforcing local statutes against American 

 citizens on the Treaty coast, during the autumn fishery of 1905, 

 thereby occasioning themselves very considerable embarrassment. 

 They were led to adopt this course believing that during the period 

 that would elapse before the next fishing season came round a special 

 effort would be made by His Majesty's Government to arrive at a 

 satisfactory solution of the difficulties that had arisen by reason of 

 the action of the United States fishermen, and failing such solution 

 that His Majesty's Government would strictly confine the United 

 States to the privileges accorded its inhabitants by the Treaty of 1818. 



