236 CASE OP THE UNITED STATES. 



territorial waters of Newfoiindland, but also over the British sub- 

 jects working with them. 



It may be as well to mention incidentally in regard to Mr. Root's 

 contention that no claim to place any such restriction on the French 

 right of fishery was ever put forward by Great Britain; that there 

 was never any occasion to advance it, for the reason that foreigners 

 other than Frenchmen were never employed by French fishing vessels. 



The main question at issue is, however, that of the application of 

 the Newfoundland regulations to American fishermen. In this con- 

 nection the United States Government admit the justice of the view 

 that all regulations and limitations upon the exercise of the right of 

 fishing upon the Newfoundland Coast, which were in existence at 

 the time of the Convention of 1818, would now be binding upon 

 American fishermen. Although Mr. Root considers that to be the 

 extreme view which His Majesty's Government could logically assert, 

 and states that it is the utmost to which the United States Govern- 

 ment could agree. His Majesty's Government feel that they cannot 

 admit any such contention, as it would involve a complete departure 

 from the position which they have always been advised to adopt as 

 to the real intention and scope of the treaties upon which the 

 American fishing rights depend. On this vital point of principle 

 there does not seem to be any immediate prospect of agreement with 

 United States views, and it would, therefore, seem better to endeavour 

 to find some temporary solution of the difficulty as to the regulations 

 under which the Americans are to fish. 



His Majesty's Government note with satisfaction Mr. Root's 

 statement that the American Government are far from desiring that 

 the fishery should go unregulated, and believing as they do that the 

 Newfoundland regulations have been framed with the intention of 

 preserving and maintaining the fishery in the most efficient and 

 productive condition, and for the prevention of practices that must 

 be detrimental to the common interests they propose to communi- 

 cate a copy of all the regulations that are now in force, and if there 

 is anything in these regulations which the United States Government 

 feel to bear hardly upon the American fishermen. His Majesty's 

 Government will gladly pay the utmost consideration to any Ameri- 

 can representations on the subject with a view to the amendment of 

 the regulations in the sense desired, provided that such be consistent, 

 with the due preservation of the fishery. 



Pending this examination of the regulations. His Ma,jesty's Govern- 

 ment would propose the following arrangements as to the provisions 

 in the Newfoundland enactments that have been most discussed. 



These are the obligation to report at a Custom House and to pay 

 light dues, and the prohibition to use purse seines, and to fish on 

 Sundays. Other regulations, such as the prohibition to throw 

 ballast or rubbish into the water frequented by herring, and to throw 

 overboard on the fishing ground fish offal, heads and bones, have 

 occasionally come in question, but are clearly reasonable, and are 

 not, it is believed, objected to by the United States Government. 

 Fishing at night is another question which has been discussed, 

 although it is not forbidden by the regulations. His Majesty's Gov- 

 ernment understand that by tacit consent among the fishermen 



