416 NEW ENGLAND FISHERIES 1 



of the United States should not be subjected to the purely 

 commercial formalities of report, entry and clearance at a 

 custom-house, nor to light, harbor or other dues not im- 

 posed upon Newfoundland fishermen. 



QUESTION IV. 



Under the provision of the said Article that the Ameri- 

 can fishermen shall be admitted to enter certain bays or 

 harbours for shelter, repairs, wood, or water, and for no 

 other purpose whatever, but that they shall be under such 

 restrictions as may be necessary to prevent their taking, 

 drying, or curing fish therein or in any other manner 

 whatever abusing the privileges thereby reserved to them, 

 is it permissible to impose restrictions making the exercise 

 of such privileges conditional upon the payment of light 

 or harbour or other dues, or entering or reporting at cus- 

 tom-houses or any similar conditions? 



The Tribunal is of opinion that the provision in the first 

 Article of the Treaty of October 20th, 1818, admitting 

 American fishermen to enter certain bays or harbors for 

 shelter, repairs, wood and water, and for no other purpose 

 whatever, is an exercise in large measure of those duties of 

 hospitality and humanity which all civilized nations im- 

 pose upon themselves and expect the performance of from 

 others. The enumerated purposes for which entry is per- 

 mitted all relate to the exigencies in which those who pur- 

 sue their perilous calling on the sea may be involved. The 

 proviso which appears in the first article of the said Treaty 

 immediately after the so-called renunciation clause, was 

 doubtless due to a recognition by Great Britain of what 

 was expected from the humanity and civilization of the 

 then leading commercial nation of the world. To impose 

 restrictions making the exercise of such privileges condi- 

 tional upon the payment of light, harbor or other dues, or 



