182 CASE OF THE UNITED STATES. 



"and in case any such justice, sub-collector, preventive officer, fishery 

 "warden or constable shall make signal to any vessel suspected as 

 "aforesaid, from any vessel employed by the government, by dipping 

 "the ensign at the main peak three times and firing a gun, it shall be 

 "the duty of the owner, master or person managing or controlling 

 "such vessel so signalled, to heave to such vessel until such justice, 

 "sub-collector, preventive officer, fisheiy warden or constable, shall 

 "have boarded and examined such last named vessel; and in case of 

 "such master, owner or persoi^: managing or controlling as aforesaid 

 ' ' such last named vessel omitting so to heave her to , or to afford facilities 

 ''for such justice, sub-collector, preventive officer, fishery warden or 

 "constable, boarding such vessel or obstructing such justice, sub- 

 '' collector, preventive officer, fishery warden or constable, boarding 

 "or examining any such vessel, he shall be subject to a penalty of five 

 "hundred dollars, to be recovered with costs in a summary manner 

 "before a justice of the peace, and in case default shall be made in 

 "the payment of such penalty, such justice shall issue his warrant 

 "and cause such offender to be imprisoned for a period not exceeding 

 "thirty days." 



Americans have been constantly subjected to the surveillance con- 

 templated by that section while Newfoundland fishermen have been 

 not only exempted from its provisions but have been called on by the 

 local officials to aid them in enforcing the statute against American 

 fishing vessels. 



The views entertained by the Government of the U. S. on the sub- 

 ject were thus expressed to H. M.'s Government in 1878 by Mr. 

 Evarts who then said : 



"This Government conceives that the fishery rights of the United 

 "States conceded by the Treaty of Washington are to be exercised 

 "wholly free from the restraints and regulations of the statutes of 

 "Newfomidland, now set up as authority over our fishermen, and 

 "from every other regulation of fishing now in force or that may 

 "hereafter be enacted by that government." 



The President adheres to the interpretation thus given to the 

 Treaty, and it is evident that so long as these several provisions re- 

 main on the statute books of Newfoundland and the disposition of 

 the local officers to discriminate against American fishermen in their 

 enforcement continues, the treaty rights become a nullity and the 

 American fishermen have no security in the pursuit of this great 

 industry. 



If the Legislature of Newfoundland cannot dispense with these pro- 

 visions altogether then this Government conceives that an Act should 

 be passed by it expressly declaring that the provisions enumerated 

 shall have no appUcation to citizens of the U. S. who are now or who 

 may hereafter be engaged in fishing in the waters of Ne-vi'foundland 

 under the stipulations of the Treaty of the 8*^ of May 1871, between 

 the United States and Great Britain.*^ 



This reply memorandum was transmitted by Mr. West to his Gov- 

 ernment and on July 15, 1882, Lord Granville wrote to Mr. West on 

 the subject as follows: 



^Appendix, p. 743. 



