^08 CASE OF THE UNITED STATES. 



to take herring by the Collector of Customs at Bonne Bay, New- 

 foundland, the Secretary of State wrote again to the British Ambas- 

 sador on October 19, 1905, as follows: 



It would seem that the Newfoundland officials are making a 

 distinction between two classes of American vessels. We have 

 vessels which are registered, and vessels which arc 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 Minister of ^Marine and Fisheries may perhaps have 

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

 American vessels, giving him as their authority for their prohibitions. 



As the buying of herring and bait fish, which until recently has 

 been permitted for a good many years in Newfoundland, is trading, 

 the American fishing fleet have come very generally to take an 

 American registry, instead of confining themselves to the narrower 

 fishing licence, and far the greater part of the fleet now in northern 

 waters consists of registered vessels. The prohibition against fishing 

 under an American register substantially bars the fleet from fishing. 

 American vessels have also apparently been in the habit of entering 

 at the Newfoundland custom-houses and applying for a Newfoundland 

 licence to buy or take bait, and I gather from all the information I 

 have been able to get that both the American masters and the Cus- 

 toms officials have failed to clearly appreciate the different conditions 

 created by the practical withdrawal of all privileges on the part of 

 Newfoundland and the throwing of the American fishermen back upon 

 the bare rights which belong to them under the Treaty of 1818. 



I am confident that we can reach a clear understanding regarding 

 those rights and the essential conditions of their exercise, and that a 

 statement of this understanding to the Newfoundland Government, 

 for the guidance of its officials on the one hand, and to our American 

 fishermen for their guidance on the other, will prevent causeless 

 injury and possible disturbances, such as have been cause for regret 

 in the ])ast history of the north-eastern fisheries. 



I will try to state our view upon the matters involved in the situa- 

 tion, which now appears to exist upon the Treaty Coast. We con- 

 sider that — 



1. Any American vessel is entitled to go into the waters of the 

 Treaty Coast and take fish of any kind. 



She derives this right from the Treaty (or from the conditions 

 existing prior to the Treaty and recognized by it) and not from any 

 permission or authority proceeding from the Government of New- 

 foundland. 



2. An American vessel seeking to exercise the Treaty right is not 

 bound to obtain a licence from the Government of Newfoundland, 

 and, if she does not purpose to trade as well as fish, she is not bound 

 to enter at any Newfoundland custom-house. 



