INTRODUCTION xliii 



The report was promptly called to the attention of the British Ambassa- 

 dor at Washington, who informed Mr. Root that it was without 

 foundation. It appearing, however, as a result of inquiries that several 

 American vessels had been ordered by Newfoundland authorities not 

 to take herring at Bonne Bay, within the treaty coast of Newfound- 

 land, Mr. Root wrote a note, dated October 19, 1905, to the British 

 Ambassador in which he opened up the entire question of American 

 rights in the northeastern fisheries and expressed a belief that an under- 

 standing could be reached upon this much vexed and mooted question.^ 

 "We consider," he said, "that — 



" I. Any American vessel is entitled to go into the waters of the Treaty Coast 

 and take fish of any kind. 



" She derives this right from the Treaty (or from the conditions existing prior to 

 the Treaty and recognized by it) and not from any permission or authority pro- 

 ceeding from the Government of Newfoundland. 



" 2. An American vessel seeking to exercise the Treaty right is not bound to 

 retain a licence from the Government of Newfoundland, and, if she does not purpose 

 to trade as well as fish, she is not bound to enter at any Newfoundland custom- 

 house. 



" 3. The only concern of the Government of Newfoundland with such a vessel 

 is to call for proper evidence that she is an American vessel, and, therefore, entitled 

 to exercise the Treaty right, and to have her refrain from violating any laws of 

 Newfoundland not inconsistent with the Treaty. 



" 4. The proper evidence that a vessel is an American vessel and entitled to 

 exercise the Treaty right is the production of the ship's papers of the kind generally 

 recognized in the maritime world as evidence of a vessel's national character. 



" s- When a vessel has produced papers showing that she is an American vessel, 

 the oflScials of Newfoundland have no concern with the character and privileges 

 accorded to such a vessel by the Government of the United States. No question 

 as between a registry and licence is a proper subject for their consideration. They 

 are not charged with enforcing any laws or regulations of the United States. As 

 to them, if the vessel is American she has the Treaty right, and they are not at 

 liberty to deny it. 



"6. If any such matter were a proper subject for the consideration of the 

 ofiSdals of Newfoundland, the statement of this Department that vessels bearing an 

 American registry are entitled to exercise the Treaty right should be taken by such 

 officials as conclusive. 



"If your Government sees no cause to dissent from these propositions, I am 

 inclined to think that a statement of them as agreed upon would resolve the 

 immediate difficulty now existing on the Treaty Coast." 



In the course of the same note Mr. Root called attention to "An Act 

 respecting foreign fishing vessels, passed by Newfoundland in the year 

 1905," of which he said, 



^Appendix, p. 442; Appendix, U. S. Case, p. g66; Appendix, British Case, p. 491. 

 Appendix, Case of U. S. Vol. II, pp. 966-970. Appendix, British Case, p. 491. 



