PERIOD FROM 1905 TO 1909. 

 Mr. Root to Sir M. Durand. 



DEPARTMENT OF STATE, WASHINGTON, 

 October 12, 1905. (Received at Foreign Office, October 27.) 



DEAR MR. AMBASSADOR : I have just telegraphed you at Lenox ex- 

 pressing my wish for an interview at your early convenience. The 

 occasion for the request is a despatch which I have just received from 

 Senator Lodge, containing the following statement based, I assume, 

 upon information received from his constituents in Massachusetts, 

 who are interested in the fisheries: 



"Newfoundland cruiser 'Fiona' has arrived in Bay of Islands, on 

 Treaty Coast, with Minister of Marine and Fisheries on board. The 

 Minister has forbidden all vessels on American register to fish on 

 Treaty Coast, where they now are, and where they have fished un- 

 molested since 1818." 



The American boats are already upon the Treaty Coast. I have 

 felt bound to advise Senator Lodge that I have no doubt of their 

 right to proceed to take fish upon the ground where the Minister of 

 Marine and Fisheries of Newfoundland has prohibited them from 

 fishing. The history of the fisheries and the numerous difficulties 

 which have arisen upon the Treaty Coast indicate that this conflict 

 between the orders of the Newfoundland Government and the rights 

 of our fishermen, as we conceive them to be, may lead to very serious 

 and regrettable incidents. It seems unfortunate that the Govern- 

 ment of Newfoundland should undertake to prohibit a practice jus- 

 tified by the construction of the various Treaties relating to the New- 

 foundland fisheries for more than a century without any suggestion 

 by the Government of Great Britain that that Government proposes 

 any change of construction, and without any exchange of views 

 between the two Governments upon the subject. 



I shall wish to satisfy you that immediate representation should be 

 made to the Government of Newfoundland, which will lead to a 

 different way of raising and disposing of any questions which there 

 may be regarding our fishermen s rights under the existing treaty. 

 I am, &c. 



(Signed) ELIHU ROOT. 



Sir H. M. Durand to Mr. Root. 



BRITISH EMBASSY, 

 Washington, October 14, 1905. 



DEAR MR. SECRETARY: I duly received, after my return from the 

 State Department last night, your letter of the 12th October regard- 

 ing the Newfoundland fishery question. 



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