110 THE ARGUMENT OF THE UNITED STATES. 



In consequence of the Newfoundland Act of 1899, Sir Edward 

 Grey in a note to the American ambassador at London, dated June 

 20, 1907, very properly conceded the injustice of attempting to make 

 American fishing vessels pay light dues. He said : 



These dues are payable by all vessels of whatever description and 

 nationality, other than coasting and fishing vessels owned and regis- 

 tered in the Colony. As, however, vessels of the latter class are 

 under certain conditions exempt either wholly or in part from pay- 

 ment, His Majesty's Government consider that it would be unfair 

 to introduce any discrimination against American vessels in this 

 respect, and it is proposed that the demand for light dues should be 

 waived under the same conditions as in the case of the Newfoundland 

 vessels. 



This declaration of the British foreign secretary, made so recently, 

 and while the subject was under discussion by the two Governments, 

 should be conclusive on Question Three so far as the imposition of 

 light dues on American fishing vessels is involved. On another fea- 

 ture of this Question, a statement by Lord Elgin, the British colonial 

 secretary, should be equally conclusive. The statement was con- 

 tained in the despatch of Lord Elgin to Governor McGregor, of 

 September 3, 1906, and was as follows : 



As regards call at custom-house, your Ministers are of course aware 

 that the negotiations which led up to the Convention of 1818 virtu- 

 ally bind His Majesty not to exact customs duties in respect of goods 

 on board United States vessels necessary for prosecution of fishery, 

 and support of fishermen during fishery, and during voyages to and 

 from fishing grounds. 6 



The foregoing discussion, it is submitted, has shown that neither 

 Great Britain nor the United States contemplated, when they entered 

 into the treaty of 1818, any interference with American fishing vessels 

 when on the treaty coasts, either in the matter of report at customs- 

 houses or in that of the payment of light dues, harbor dues, or exac- 

 tions of any character whatever, and that such requirements and 

 exactions are for that reason not authorized by the treaty. 



CANADIAN ATTITUDE TOWARD CHANGED CONDITIONS. 



Even if conditions have materially altered since the date of that 

 treaty, and have created, as Great Britain insists, the necessity for 

 some kind of supervision over all kinds of vessels visiting the treaty 



U. S. Case, Appendix, 1007. U. S. Case, Appendix, 9S9. 



