PERIOD FROM 1888 TO 1909. 219 



the Act of 1893 by the mere suspension of the issue of Hccnces to 

 American vessels, and the only object of the new Act, as His Majesty's 

 Government understand the position, was to secure the express and 

 formal approval of the Colonial Legislature for the carrying out of the 

 policy or the Colonial Government. 



Having offered these general remarks, His Majesty's Government 

 desire to point out that, in discussing the general effects of "The 

 Foreign Fishing- Vessels Act, 1905," on the American fishery under 

 the Convention of 1818, the United States' Government confine them- 

 selves to sections 1 and 3 and make no reference to section 7, which 

 preserves "the rights and privileges granted by Treaty to the subjects 

 of any State in amity with His Majesty." In view of this provision. 

 His Majesty's Government are unable to agree with the United States' 

 Government in regarding the provisions of sections 1 and 3 as "consti- 

 tuting a warrant to the officers named to interfere %vith and violate" 

 American rights under the Convention of 1818. On the contrary, 

 they consider section 7 as, in effect, a prohibition of any vexatious 

 interference with the exercise of the Treaty rights whether of American 

 or of French fishermen. As regards section 3, they admit that the 

 possession by inhabitants of the United States of any fish and gear 

 which they may lawfully take or use in the exercise of their rights 

 under the Convention of 1818 camiot properly be made ■prima facie 

 evidence of the commission of an offence, and, bearing in mind the 

 provisions of section 7, they cannot beUeve that a Court of Law would 

 take a different view. 



They do not, however, contend that the Act is as clear and expHcit 

 as, in the circumstances, it is desirable that it should be, and they 

 propose to confer with the Government of Newfoundland with the 

 object of removing any doubts which the Act in its present form may 

 suggest as to the power of His ^Majesty to fulfil his obUgations under 

 the Convention of 1818. 



On the concluding part of Mr. Root's note it is happily not necessary 

 for His ^lajesty's Government to offer any remarks, since the fishing 

 season has come to an end without any attempt on the part of British 

 fishermen to interfere with the peaceful exercise of the American 

 Treaty right of fishery.'^ 



In reply to the memorandum received from Sir Edward Grey, !Mr. 

 Root wrote a letter of instructions under date of June 30, 1906, to the 

 American Ambassador at London, a copy of which letter was trans- 

 mitted to Sir Edward Grey by the American Ambassador in his note 

 of July 20, 1906.'' In tliis letter of instructions, Mr. Root sets forth 

 the position of the United States on the various questions under consid- 

 eration and gives the reasons which prevented his agreement with 

 man}^ of the views stated in the memorandum referred to, as foUows: 



The memorandum inclosed in the note from Sir Edward Grey to 

 you of the 2nd February, 1906, and transmitted by you on the 6th 

 February, has received careful consideration. 



a Appendix, p. 972. b Appendix, pp. 978,985. 



