10 COMMISSION OF CONSERVATION 



Newfoundland was increased to include a number of articles, principally 

 manufactured articles, not included in the earlier convention. 



This treaty was also abortive as the United States Senate inserted 

 amendments that made it unacceptable to Newfoundland. 



Following the failure to secure free entry of their fish-products into 

 the United States, the Government of Newfoundland discontinued the 

 modus vivendi and enacted additional legislation. ' ' The Foreign Fishing 

 Vessels Act, 1905" (5 Edward VII, Cap. 4) provided for the forfeiture 

 of any foreign vessels having on board any bait-fish, ice or other supplies 

 for the fishery, purchased in Newfoundland waters or if the master had 

 "engaged or attempted to engage any person to form part of the crew of 

 the said vessel in any port or any part of the coasts" of Newfoundland. 

 The presence on board any foreign vessel in Newfoundland waters, of 

 bait-fish or other fishery supplies was declared to be prima facie evidence 

 of their purchase within such ports or waters. 



In October of the same year, the United States Government made 

 strong protests against the enforcement of these laws by the Newfound- 

 land authorities. They contended that United States fishing vessels 

 were not bound to enter at a Newfoundland custom house unless they 

 purposed to trade as well as fish. Exception was also taken to the above 

 mentioned clauses of "The Foreign Fishing Vessels Act, 1905." 



The Government of Great Britain, in reply, pointed out that, by the 

 Convention of 1818 : 



(a) The privileges of fishing were conceded to inhabitants of the 

 United States, not to United States' vessels. 



(b) The inhabitants of the United States only enjoyed it "in com- 

 mon with" British subjects. Therefore, it was not a free but a regulated 

 fishery and that United States fishermen were bound to comply with all 

 Colonial Laws and Regulations including and touching the fishery so long 

 MS these were not in their nature unreasonable and were applicable to all 

 feheries alike. 



(e) That the law respecting fishing vessels entering and clearing at 

 Newfoundland custom houses did not impose obligations inconsistent with 

 the Convention of 1818. They held that "the only ground on which the 

 application of any provisions of the Colonial Law to American vessels 

 can be objected to is that it unreasonably interferes with the exercise 

 of the American right of fishery." 



It was "admitted that the majority of the American vessels lately 

 engaged in the fishery on the western coast of the Colony were registered 

 vessels, as opposed to licensed fishing vessels, and as such were at liberty 

 both to trade and to fish. The production of evidence of the ITnited 

 States' registration is therefore not sufficient to establish that a vessel 



