1909] ATLANTIC FISHERIES QUESTION. 343 



fishing within the territorial waters of Newfoundland " on a footing 

 of greater freedom than the British subjects ' in common with ' 

 whom they exercised it under the convention. In other words, the 

 American fishery under the convention is not a free but a regulated 

 fishery, and, in the opinion of His Majesty's government, American 

 fishermen are bound to comply with all colonial laws and regulations, 

 including any touching the conduct of the fishery, so long as these 

 are not in their nature unreasonable, and are applicable to all fish- 

 ermen alike." The British note went on to argue that all American 

 and other foreign vessels sojourning within British territorial waters 

 should obey the local 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 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." In 

 reply to Secretary Root's contention that the Newfoundland foreign 

 fishing- vessel act of June 15, 1905, was directed against American 

 fishing vessels so as to interfere with their rights in the treaty waters 

 the British memorandum maintained that that act, especially the 

 first and third sections, upon which Secretary Root had largely 

 based his complaint, was not aimed at the rights of American ves- 

 sels in particular. The memorandum referred to the seventh section 

 of the act, as safeguarding " the rights and privileges granted by 

 treaty to the subjects of any state in amity with His Majesty." And 

 then the British note went on to admit that " the possession by in- 

 habitants of the United States of any fish and gear which they may 

 lawfully take or use in the exercise of their rights under the con- 

 vention of 18 1 8 cannot properly be made prima facie evidence of the 

 commission of an offense, and, bearing in mind the provisions of 

 section 7, they can not believe that a court of law would take a dif- 

 ferent view." 



Nevertheless, this was an admission by the British Foreign Office 

 that the act was so framed that the Newfoundland officials could, 

 through legal processes, so harass and " hold up " an American fish- 

 ing vessel that her trip would be rendered unprofitable, as hap- 

 pened in many cases during the latter eighties in the ports and terri- 



