968 CORRESPONDENCE, ETC. 



foreign fishing-vessel into port, may search her cargo and may examine 

 the master upon oath touching the cargo and voyage, and the master 

 or person in command, shall answer truly such questions as shall 

 be put to him under a penalty not exceeding 500 dollars. And if 

 such foreign fishing-vessel has on board any herring, caplin, squid, 

 or other bait fishes, ice, lines, seines, or other outfits or supplies for 

 the fishery purchased within any port on the coast of this island, or 

 within the distance of 3 marine miles from any coasts, bays, creeks, 

 or harbours of this island, or if the master of the said vessel shall have 

 engaged or attempted to engage any person to form part of the crew 

 of the said vessel in any port or on any part of the coasts of this 

 island, or has entered such waters for any purpose not permitted by 

 Treaty or Convention for the time being in force such vessel and the 

 tackle, rigging, apparel, furniture, stores, and cargo thereof shall be 

 forfeited. 



"Section 3. In any prosecution under this Act the presence on 

 board any foreign fishing-vessel in any port of this island, or within 

 British waters aforesaid of any caplin, squid, or other bait fishes, of 

 ice, lines, seines, or other outfits or supplies for the fishery shall be 

 prima fade evidence of the purchase of the said bait, fishes, and 

 supplies and outfits within such port or waters."' 



It seems plain that the provisions above quoted constitute a war- 

 rant to the officers named to interfere with and violate the rights of 

 American fishing-vessels under the Treaty of 1818. 



The 1st section authorizes any of the officers named to stop an 

 American vessel while fishing upon the Treaty Coast and compel it 

 to leave the fishing grounds, to prevent it from going to the places 

 where the fish may be, to prevent it departing with the fish which it 

 may have taken, and to detain it for an indefinite period during a 

 search of the cargo and an examination of the master under oath 

 under a heavy penalty. 



It is to be observed that this section does not require that the 

 vessel shall have been charged with any violation of the laws of 

 Newfoundland, or even that she shall have been suspected of having 

 violated the laws of Newfoundland as a condition precedent to com- 

 pelling it to desist from the exercise of its Treaty rights, and virtually 

 seizing it and taking it into port. In the consideration of this pro- 

 vision, it is unnecessary to discuss any question as to the extent to 

 which American vessels may be interfered with in the exercise of 

 their Treaty rights pursuant to judicial proceedings based upon a 

 charge of violation or law, or even upon reasonable ground to believe 

 that any law has been violated, for the authority of the Acts 

 authorized appears to be part of no such proceeding. 



When we consider that the minor officials named in the Act, 

 invested with this extraordinary and summary power, are presump- 

 tively members of the fishing communities, in competition with which 

 the American fishermen are following their calling, it is plain that in 

 denying the right of the Government of Newfoundland to do what 

 this section provides for we are not merely dealing with a theoretical 

 question, but with the probability of serious injustice. 



The 3rd section of the Act, above quoted in full, makes the pres- 

 ence on board of an American vessel of the fish, gear the implements 

 necessary to the exercise of the Treaty right prima facie evidence of 

 a criminal offence against the laws of Newfoundland, and it also 



