BEPORT OF THE AGENT OP THE UNITED STATES. 17 



exercising their treaty liberties of fishing have a right to employ as 

 members of the fishing crews of their vessels persons not inhabitants 

 of the United States, thus overruling the British contention that the 

 liberty of fishing, which the treaty secures "to inhabitants of the 

 United States," gave them only the right to exercise themselves the 

 manual act of taking fish and did not permit them to employ persons 

 who were not inhabitants of the United States to assist them in 

 exercising that right. It is pointed out in the award, however, that 

 the persons so employed derive no benefit or immunity from the 

 treaty in their own right. 



The third and fourth questions deal wit-h the contentions always 

 maintained by Great Britain that American fishermen exercising 

 their fishing liberties on the treaty coasts and the special privileges 

 reserved to them on the nontreaty coasts, might be subjected to the 

 same customhouse regulations which were imposed upon vessels 

 enjoying trading privileges on those coasts, and also to the payment 

 of light and harbor dues and other exactions of a similar character, 

 although the local fishermen were exempt from such requirements. 



The United States, on the other hand, although admitting that 

 American fishing vessels exercising their treaty liberties or privileges 

 in British waters might properly be called upon to notify the local 

 authorities of their presence there and exhibit their credentials if con- 

 venient opportunity was afforded, has always contended that Ameri- 

 can fishing vessels could not be subjected to the customs regulations 

 imposed upon other vessels, or required to pay light, harbor or other 

 dues not imposed upon local fishing vessels. The contentions of the 

 United States on these questions have been fully sustained by the 

 award. It holds, under question 3, with reference to the treaty coasts 

 that " the exercise of the fishing liberty by the inhabitants of the 

 United States should not be subjected to the purely commercial for- 

 malities of report, entry, and clei. ranee at a customhouse, nor to light, 

 harbor, or other dues not imposed upon Newfoundland fishermen " 

 and that American fishing vessels should not be required even to 

 report their presence on the coast " unless there be reasonably con- 

 venient opportunity afforded to report in person or by telegraph, 

 either at a customhouse or to a customs official." 



So also, under question 4, with reference to the exercise of the 

 treaty privilege of entering bays or harbors on the nontreaty coast 

 for the four purposes specified in the treaty, the award decides that 

 "to impose restrictions making the exercise of such privileges con- 

 ditional upon the payment of light, harbor, or other dues, or entering 

 and reporting at customhouses, or any similar conditions would be 

 inconsistent with the grounds upon which such privileges rest, and 

 therefore is not permissible." It declares, however, in the case of 



