1004 CORRESPONDENCE, ETC. 



No reply was returned at the time to the arguments contained in 

 this letter, as the divergence of views between the two Governments 

 made it hopeless to expect an immediate and definitive settlement of 

 the various questions at issue and it was essential to arrive at some 

 arrangement immediately which would secure the peaceable and 

 orderly conduct of the impending fishery season. 



Upon the conclusion of the Modus Vivendi, His Majesty's Govern- 

 ment further deferred any additional observations on the questions 

 at issue until the arrival in this country of the Premier of New- 

 foundland to attend the Imperial Conference. 



They have now had the advantage of a full discussion with Sir R. 

 Bond, and although His Majesty's Government are unable to modify 

 the views to which they have on various occasions given expression, 

 of the proper interpretation of the Convention of 1818 in its bearing 

 on the rights of American fishermen, they are not without hope, hav- 

 ing regard to the willingness of the United States Government from a 

 practical point of view to discuss reasonable and suitable regulations 

 for the due control of the fishermen of both countries, that an arrange- 

 ment may be arrived at which will be satisfactory to both countries. 



I desire at the outset to place on record my appreciation of the 

 moderation and fairness with which Mr. Root has stated the American 

 side of the question and I shall in my turn endeavour to avoid any- 

 thing of a nature to embitter this long-standing controversy. 



It will be convenient to recapitulate the main grounds of divergence 

 between the two Governments on the question of principle. 



His Majesty's Government, on the one hand, claim that the Treaty 

 gave no fishing rights to American vessels as such, but only to inhabi- 

 tants of the United States and that the latter are bound to conform 

 to such Newfoundland laws and regulations as are reasonable and not 

 inconsistent with the exercise of their Treaty rights. The United 

 States Government, on the other hand, assert that American rights 

 may be exercised irrespectively of any laws or regulations which the 

 Newfoundland Government may impose, and agree that as ships 

 strictly speaking can have no rights or duties, whenever the term is 

 used, it is but a convenient or customary form f describing the owners' 

 or masters' rights. As the Newfoundland fishery, however, is essen- 

 tially a ship fishery, they consider that it is probably quite unim- 

 portant which form of expression is used. 



By way of qualification Mr. Root goes on to say that if it is intended 

 to assert that the British Government is entitled to claim that, when 

 an American goes with his vessel upon the Treaty Coast for the pur- 

 pose of fishing, or with his vessel enters the bays or harbours or the 

 coast for the purpose of obtaining shelter, and of repairing damages 

 therein, or of purchasing wood, or of obtaining water, he is bound to 

 furnish evidence that all the members of the crew are inhabitants of 

 the United States, he is obliged entirely to dissent from any such 

 proposition. 



The views of His Majesty's Government are quite clear upon this 

 point. The Convention of 1818 laid down that the inhabitants of 

 the United States should have for ever in common with the subjects 

 of His Britannic Majesty the liberty to take fish of every kind on the 

 coasts of Newfoundland within the limits which it proceeds to define. 



This right is not given to American vessels, and the distinction is an 

 important one from the point of view of His Majesty's Government, 



