AWARD OF THE TRIBUNAL. 91 



to take fish, etc., " in common with the subjects of His Britannic 

 Majesty." 



Further, the Tribunal considers that the fulfilment of the require- 

 ment as to report by fishing- vessels on arrival at the fishery would be 

 greatly facilitated in the interests of both parties by the adoption of 

 a system of registration, and distinctive marking of the fishing-boats 

 of both Parties, analogous to that established by Articles V to XIII, 

 inclusive, of the International Convention signed at The Hague, 8th 

 May, 1882, for the regulation of the North Sea Fisheries. 



The Tribunal therefore decides and awards as follows: 



The requirement that an American fishing' vessel should report, if proper 

 conveniences for doing so are at hand, is not unreasonable, for the reasons 

 stated in the foregoing opinion. There should be no such requirement, how- 

 ever, unless there be reasonably convenient opportunity afforded to report 

 in person or by telegraph, either at a custom-house or to a customs official. 



But the exercise of the fishing liberty by the inhabitants of the United 

 States should not be subjected to the purely commercial formalities of report, 

 entry and clearance at a custom-house, nor to light, harbour or other dues 

 not imposed upon Newfoundland fishermen. 



Question TV". 



Under the provision of the said article that the American fisher- 

 men shall be admitted to enter certain bays or harbours for shelter, 

 repairs, wood, or water, and for no other purpose whatever, but that 

 they shall be under such restrictions as may be necessary to prevent 

 their taking, drying, or curing fish therein or in any other manner 

 whatever abusing the privileges thereby reserved to them, is it per- 

 missible to impose restrictions making the exercise of such privileges 

 conditional upon the payment of light or harbour or other dues, or 

 entering or reporting at custom-houses or an,v similar conditions? 



The Tribunal is of opinion that the provision in the first article 

 of the treaty of October 20, 1818. admitting American fishermen to 

 enter certain bays or harbours for shelter, repairs, Avood and water, 

 and for no other purpose Avhatever, is an exercise in large measure 

 of those duties of hospitality and humanity which all civilised 

 nations impose upon themselves and expect the performance of from 

 others. The enumerated purposes for which entry is permitted all 

 relate to the exigencies in which those who pursue their perilous 

 calling on the sea may be involved. The proviso which appears 

 121 in the first article of the siiid treat}^ immediately after the so- 

 called renunciation clause, was doubtless due to a recognition by 

 Great Britain of what was expected from the humanity and civilisa- 

 tion of the then leading commercial nation of the world. To impose 

 restrictions making the exercise of such privileges conditional upon 

 the payment of light, harbour or other dues, or entering and report- 



