QUESTION THREE. 57 



that exception cannot be taken to their application to American 

 vessels as an unreasonable interference with the American fishery, 

 and they entertain the strong hope that the United States' Govern- 

 ment will, on reconsideration, perceive the correctness of this view, 

 and issue instructions accordingly for the future guidance of those 

 in charge of American vessels. 



" It is, moreover, to the advantage of the American vessels engaged 

 in the winter fishery in the Bay of Islands that they should report 

 at a Colonial custom-house. Owing to the extent and peculiar con- 

 figuration of that bay, and owing to the prevalence of fogs, vessels 

 that enter its inner waters may remain for days without the local 

 officers becoming aware that they are on the coast unless they so 

 report. In such circumstances it is difficult for the Colonial Govern- 

 ment to ensure to American fishermen that protection against law- 

 less interference for which Mr. Root calls in the concluding part of 

 his note. 



" His Majesty's Government desire further to invite the attention 

 of the United States' Government to the fact that certain United 

 States' vessels engaged in the fishery refused to pay light dues. This 

 is the first time, His Majesty's Government are informed, that Ameri- 

 can vessels have refused to pay these dues, and it is presumed that 

 the refusal is based on the denial by the Colonial Government of the 

 trading privileges allowed in past years. His Majesty's Govern- 

 ment, however, cannot admit that such denial entitles American 

 vessels to exemption from light dues in the ports in which they fish. 

 As already stated, American fishing-vessels engaged in the fishery 

 under the convention of 1818 have no Treaty status as such, and the 

 only ground on w r hich, in the opinion of His Majesty's Government, 

 the application of any Colonial law to such vessels can be objected to 

 is that such application involves an unreasonable interference with 

 the exercise of the Treaty rights of the American fishermen on board. 

 The payment of light dues by a vessel on entering a port of the 

 Cokmy cTearly involves no such interference. These dues are pay- 

 able by all vessels of whatever description and nationality other than 

 coasting- and fishing-vessels owned and registered in the colony 

 (which are, on certain conditions, exempt either wholly or in part). 

 His Majesty's Government trust that in these circumstances such 

 directions will be issued as will prevent further refusals in the future, 

 and they would point out generally that it is the duty of all for- 

 eigners sojourning in the limits of the British jurisdiction to obey 

 that law, and that if, it is considered that the local jurisdiction is 

 being exercised in a manner not consistent with the enjoyment of 

 any Treaty rights, the proper course to pursue is not to ignore 

 66 the law, but to obey it, and to refer the question of any alleged 

 infringement of their Treaty rights to be settled diplomati- 

 cally between their Government and that of His Majesty." 



Replying to this memorandum, Mr. Root said (British Case, App., 

 p. 501) : 



" The Government of Newfoundland cannot be permitted to make 

 entry and clearance at a Newfoundland custom-house, and the pay- 

 ment of a tax for the support of Newfoundland lighthouses, condi- 

 tions to the exercise of the American right of fishing. If it be shown 



