xliv INTRODUCTION 



" This Act appears to be designed for the enforcement of laws previously 

 enacted by Newfoundland, which prohibited the sale to foreign fishing vessels of 

 herring, caplin, squid, or other bait fishes, lines, seines or other outfits or supplies 

 for the fishery or the shipment by a foreign fishing vessel of crews within the juris- 

 diction of Newfoundland." '■ 



After quoting the objectionable portions of the act in question, 

 Mr. Root proceeded as follows: 



"It seems plain that the provisions above quoted constitute a warrant to the 

 officers named to interfere with and violate the rights of American fishing-vessels 

 under the Treaty of 1818. 



"The ist section authorizes any of the officers named to stop an American 

 vessel while fishing upon the Treaty Coast and compel it to leave the fishing 

 grounds, to prevent it from going to the places where the fish may be, to pre- 

 vent it departing with the fish which it may have taken, and to detain it for an indefi- 

 nite period during a search of the cargo and an examination of the master under oath 

 under a heavy penalty. 



"The 3rd section of the Act, . . . makes the presence on board of an American 

 vessel of the fish, gear — the implements necessary to the exercise of the Treaty right 

 — prima facie evidence of a criminal offence against the laws of Newfoundland, and it 

 also makes the presence on the board of vessels of the fish which the vessel has a right 

 to take under Treaty prima facie evidence of a criminal offence under the laws of New- 

 foundland. This certainly cannot be justified. It is, in effect, providing that the 

 exercise of the Treaty right shall be prima facie evidence of a crime. " 



Mr. Root concluded this portion of the note with the following state- 

 ment: 



"I feel bound to urge that the Government of Great Britain shall advise the New- 

 foundland Government that the provisions of law which I have quoted are inconsist- 

 ent with the rights of the United- States under the Treaty of 1818, and ought to be 

 repealed; and that, in the meantime, and without any avoidable delay, the Governor 

 in Council shall be requested by a Proclamation which he is authorized to issue under 

 the 8th section of the Act respecting Foreign Fishing-Vessels, to suspend the operation 

 of the Act." 2 



From the passages quoted from Mr. Root's note it is evident that 

 the entire question of the American rights in British waters was involved 

 and that the discussion was likely to place in clear and unmistakable 

 light the divergence of views held by both governments. The impor- 

 tance of Mr. Root's note was at once apparent to the British Government 

 and Sir Edward Grey, Secretary of State for Foreign Affairs of Great 

 Britain, lost no time in taking issue with Mr. Root and setting forth in 

 clear and unmistakable terms the attitude of the British Government. 

 Therefore, on February 2, 1906, Sir Edward Grey transmitted a care- 



<■ Appendix, pp. 442, 444; Appendix, U. S. Case, p. 966; Appendix, British Case, p. 491. 

 ! Mr. Root to Sir Mortimer Durand, October 19, 1905. Appendix, pp. 442, 44.?; Appendix 

 U. S. Case, p. 966; Appendix, British Case, p. 491. 



