PERIOD FROM 1905 TO 1909. 967 



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. 



3. The only concern of the Government of Newfoundland with 

 such a vessel is to call for proper evidence that she is an American 

 vessel, and, therefore, entitled to exercise the Treaty right, and to 

 have her refrain from violating any laws of Newfoundland not 

 inconsistent with the Treaty. 



4. The proper evidence that a vessel is an American vessel and 

 entitled to exercise the Treaty right is the production of the ship's 

 papers of the kind generally recognized in the maritime world as 

 evidence of a vessel's national character. 



5. When a vessel has produced papers showing that she is an 

 American vessel, the officials of Newfoundland have no concern 

 with the character or extent of the privileges accorded to such a 

 vessel by the Government of the United States. No question as 

 between a registry and licence is a proper subject for their considera- 

 tion. They are not charged with enforcing any laws or regulations 

 of the United States. As to them, if the vessel is American she has 

 the Treaty right, and they are not at liberty to deny it. 



6. If any such matter were a proper subject for the consideration 

 of the officials of Newfoundland, the statement of this Department 

 that vessels bearing an American registry are entitled to exercise the 

 Treaty right should be taken by such officials as conclusive. 



If your Government sees no cause to dissent from these propositions, 

 I am inclined to think a statement of them as agreed upon would 

 resolve the immediate difficulty now existing on the Treaty Coast. 



I have, however, to call your attention to a further subject, which I 

 apprehend may lead to further misunderstanding in the near future 

 if it is not dealt with now. That is, the purposes of the Government 

 of Newfoundland in respect of the treatment of American fishing- 

 vessels as exhibited in a Law enacted during the past summer by 

 the Legislature of that Colony, under the title "An Act respecting 

 Foreign Fishing-Vessels." 



This Act appears to be designed for the enforcement of laws pre- 

 viously enacted by Newfoundland, which prohibited the sale to foreign 

 fishing-vessels of herring, caplin, squid, or other bait fishes, lines, 

 seines, or other outfits or supplies for the fishery or the shipment by 

 a foreign fishing-vessel of crews within the jurisdiction of New- 

 foundland. 



The Act of last summer respecting foreign fishing-vessels pro- 

 vides : 



"Section 1. Any Justice of the Peace, sub-collector, preventive 

 officers, fishery warden, or constable, may go on board any foreign 

 fishingrvessel being within any port of the coasts of this island, or 

 hovering within British waters within 3 marine miles of any of the 

 coasts, bays, creeks, or harbours in this island, and may bring such 



