PERIOD FROM 1905 TO 1909. 985 



American fishermen. The purpose is, under cover of the exercise of 

 the power of regulation, to exclude the American fishermen. The 

 Government of the United States surely cannot be expected to see 

 with complacency the rights of its citizens subjected to this kind of 

 regulation. 



The Government of the United States finds assurance of the desire 

 of His Majesty's Government to give reasonable and friendly treat- 

 ment to American fishing rights on the Newfoundland coast in the 

 statement of the Memorandum that the Newfoundland Foreign Fish- 

 ing-Vessels Act is not as clear and explicit as, in the circumstances, 

 it is desirable that it should be, and in the expressed purpose of His 

 Majesty's Government to confer with the Government of Newfound- 

 land with the object of removing any doubts which the Act, in its 

 present form, may suggest as to the power of His Majesty to fulfil his 

 obligation under the Convention of 1818. It is hoped that, upon this 

 Conference, His Majesty's Government will have come to the con- 

 clusion, not merely that the seventh section of the Act, which seeks 

 to preserve ' ' the rights and privileges granted by Treaty to the sub- 

 jects of any State in amity with His Majesty," amounts to a pro- 

 hibition of any "vexatious interference" with the exercise of the 

 Treaty rights of American fishermen, but that this clause ought to 

 receive the effect of entirely excluding American vessels from the 

 operation of the first and third clauses of the Act relating to searches 

 and seizures and prima facie evidence. Such a construction by His 

 Majesty's Government would wholly meet the difficulty pointed out 

 in my letter of the 19th October, as arising under the first and third 

 sections of the Act. A mere limitation, however, to interference 

 which is not "vexatious," leaving the question as to what is "vexa- 

 tious interference" to be determined by the local officers of Newfound- 

 land, would be very far from meeting the difficulty. 



You will inform His Majesty's Government of these views, and ask 

 for such action as shall prevent any interference upon any ground by 

 the officers of the Newfoundland Government with American fisher- 

 men when they go to exercise their Treaty rights upon the Newfound- 

 land coast during the approaching fishing season. 

 I am, &c. 



(Signed) ELIHU ROOT. 



Mr. Wliitelaw Reid to Sir Edward Grey. 



AMERICAN EMBASSY, 

 London, July 20, 1906. (Received July 23.) 



SIR: The Memorandum sent me on the 2nd February, 1906, 

 embodying the views of His Majesty's Government on the proposi- 

 tions formulated by the Secretary ot State of the United States as to 

 the rights of American fishing-vessels on the Newfoundland coast, in 

 his letter to Sir Mortimer Durand of the 19th October, 1905, has had 

 Mr. Root's careful consideration. 



He has now addressed me a letter, under date of the 30th June, 

 1906, giving the reasons which prevent his agreement with several of 

 the views stated in this Memorandum. I am instructed, while com- 

 municating to you these reasons, to ask for such action as shall pre- 



