1462 NORTH ATLANTIC COA6T FISHERIES ARBITRATION. 



that they have been ordered not to take herring by the Collector of 

 Customs at Bonne Bay, Newfoundland. 



" It would seem that the Newfoundland officials are making a dis- 

 tinction between two classes of American vessels. We have vessels 

 which are registered, and vessels which are licensed to fish and not 

 registered. The licence carries a narrow and restricted authority; 

 the registry carries the broadest and most unrestricted authority. The 

 vessel with a licence can fish, but cannot trade ; the registered vessels 

 can lawfully both fish and trade. The distinction between the two 

 classes in the action of the Newfoundland authorities would seem to 

 have been implied in the despatch from Senator Lodge which I 

 quoted in my letter of the 12th, and the imputation of the prohibition 



of the Ministry of Marine and Fisheries may perhaps have 

 883 come from the port officers, in conversation with the masters 



of American vessels, giving him as their authority for their 

 prohibitions." 



In another communication, Mr. Root had asked that the New- 

 foundland authorities be instructed that they had no right to make 

 any such distinction as that, p. 971. 



On the 22nd October, 1905, in the United States Counter-Case 

 Appendix, p. 633, this occurs. This is from Mr. Durand to Mr. 

 Eoot : 



" In continuation of my note of the 20th of October regarding the 

 Newfoundland fishery question, I have now the honor to inform you 

 that I have received from the governor of Newfoundland a telegram 

 which seems to dispose of one important part of that question. 



" His excellency telegraphs that no Newfoundland officer is pre- 

 venting American vessels from fishing on the treaty coast, and that 

 no distinction is being drawn between registered vessels and licensed 

 vessels. 



" The local officers have been told that American captains must not 

 engage crews on the Newfoundland coast to fish for them, but no 

 objection is made to their using the nets themselves." 



So that precisely what happened on the Newfoundland coast, from 

 which this entire discussion arose, is not clear. Apparently some- 

 thing happened. In the light of the Act of 1905, which went into 

 effect the previous June, four months earlier, it would seem, with 

 Sir Robert's declarations of the intentions of that Act, that probably 

 there was an intention of preventing the Americans from fishing; 

 but, at all events, if that was the intention, it was receded from by 

 Newfoundland immediately, and it was receded from it can hardly 

 be said to have been receded from by the British Government, be- 

 cause it never took part in it and all the effect of that Act, with all 

 its provisions, or at least all that was sustained by the British Gov- 

 ernment, was that American captains must not ship crews there. 

 That seems to be the only point which Great Britain was at that time 

 prepared to put into effect. 



