1456 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



have been on the Statute Book of the Colony since 1893 without pro- 

 test, and they are ready to assume that no such protest has been 

 lodged merely because the privileges accorded to American vessels in 

 the ports of the Colony up to the present have been such as to render 

 it unnecessary for inhabitants of the United States to avail them- 

 selves of their right of fishing under the Convention of 1818." 



And he goes on to say that his object in mentioning it is merely to 

 show that this new Act was not intended to do more than call into 

 effect the Act which had previously not been enforced. So that it ap- 

 pears that that Act also, as well as the Act of 1887, was not enforced 

 against Americans, and apparently the object of it, as Sir James 

 Winter said, was with reference to French and not with reference to 

 American vessels. 



"What views the Court will take of the fact that Acts, which can 

 find their justification only in the necessary preservation of the bait 

 supply of a colony, are enforced against one country and not against 

 another, I cannot tell. 



In 1902 Sir Robert Bond was present at the Coronation of the 

 King, and presented to Mr. Joseph Chamberlain his views with 

 regard to the Newfoundland situation, and was authorized to under- 

 take the negotiation of a new treaty. If the citation is of any impor- 

 tance it is at United States Counter-Case Appendix, pp. 469 and 470. 

 That treaty was agreed upon with Secretary Hay, and then, as I have 

 said, was not accepted by the United States Senate, was amended, 

 and in 1904 it had not been passed. The text of the treaty is to be 

 found in the British Case Appendix, p. 46, and I shall only sum- 

 marise it at this moment. 



Fishing-vessels entering the waters of Newfoundland shall have 

 the privilege of purchasing bait-fishes on the same terms and condi- 

 tions as Newfoundland vessels. They may touch and trade, buy and 

 sell fish and oil, and procure supplies, conforming to harbour regula- 

 tions, and without other charges than the payment of light, harbour 

 and customs dues, such as are levied on Newfoundland fishermen. 

 Then certain manufactures of the United States are admitted free of 

 duty, certain others at a minimum rate, and cod-fish, cod-oil, &c., from 

 Newfoundland are to be admitted into the United States free of duty. 



As I have said, that treaty failed of confirmation, and while still 

 pending in the United States Senate, the incident which resulted in 

 the prosecution of the captain of the schooner " Columbia " occurred 

 in November 1904, which seems to have been the first of the methods 

 of pressure which Sir Robert was bringing to bear up ; on the United 

 States. 



On 7th April, 1905, Sir Robert Bond made his speech, which I 

 think I may be justified in calling famous, concerning the new For- 

 eign Fishing Vessels Act the Act of that year. In it he took radi- 

 cal views with regard to the fishing rights of the vessels of the 



