PERIOD FROM 1888 TO 1909. 237 



themselves fishing is not pursued at night, and with this arrangement 

 there seems no reason to interfere. 



With regard to the entry and clearance of American vessels at 

 Newfoundland ports, I would remind Your Excellency that the 

 American vessels engaged in the winter fishery^ in the Bay of Islands 

 must pass in close proximity to several Custom Houses, and that it 

 cannot be said that the obligation to report and clear unduly inter- 

 feres with the operations of the vessels. On this point, however, His 

 Majesty's Government would, in order to secure an arrangement for 

 the next fishing season, be prepared to defer discussion of the ques- 

 tion of right; but they would urge, on the other hand, that it would 

 be most advisable that American vessels should comply with the 

 regulation on the ground that unless the vessels enter at the Custom 

 Houses, the British authorities have no cognizance that they are in 

 Newfoundland waters, and that, as His Majesty's Government are 

 responsible for keeping the peace, it is important that they should 

 know exactly what American vessels are on the fishing grounds. 

 Moreover, the provision in question is clearly necessaiy for the pre-_ 

 vention of smuggling, and unless American vessels have made proper 

 entry at a Custom House, there is no means, short of searching the 

 vessels, of ascertaining whether they are really fishing vessels, and 

 not smugglers. 



The next point in dispute is the prohibition of purse seines. His 

 Majesty's Govermnent have the independent testimony of British 

 naval officers who have been employed on the Treaty Coast as to the 

 destructive results of their use; and they would, therefore, point out 

 that there is complete justification for the Colonial regulation. 



I would, moreover, remind Your Excellency that the regulation is 

 in force in all the waters of the Colony of Newfoundland and of the 

 Dominion of Canada, and applies equally to all fishermen whether 

 they be Newfoundlanders or not. His Majesty's Government, there- 

 fore, feel that they cannot interfere with the enforcement of the 

 regulation which prohibits purse seines in the waters of Newfound- 

 land. They would also point out that fishing on Sundays is always 

 liable to lead to regrettable breaches of the peace, and they would 

 propose that the American fishermen should agree to abstain from 

 this practice. 



Finally, His Majesty's Government feel that the payment of light 

 dues by an American vessel entering a port of the Colony clearly 

 does not involve an unreasonable interference with the exercise of 

 the treaty rights of the American fishermen on board. These dues 

 are payable by all vessels of whatever description and nationahty, 

 other than coasting and fishing vessels owned and registered in the 

 Colony. As, however, vessels of the latter class are under certain 

 conditions exempt either wholly or in part from payment, His 

 Majesty's Government consider that it would be unfair to introduce 

 any discrimination against American vessels in tliis respect, and it is 

 proposed that the demand for light dues should be waived under the 

 same conditions as in the case of the Newfoundland vessels. 



I venture to express the hope that the temporary arrangement out- 

 lined above will be agreed to by the United States Government." 



^Appendix, p. 1003. 



