INTRODUCTION xlv 



fully prepared and elaborate "niemorandum dealing seriatim with the 

 six propositions formulated by Mr. Root, and with his observation with 

 regard to some of the provisions of recent Newfoundland legislation for 

 the regulation of the fisheries." ^ Sir Edward Grey was at one with 

 Mr. Root 



"in thinking that inasmuch as the privileges which citizens of the United States 

 have for many years enjoyed of purchasing bait and supplies and engaging men in 

 Newfoundland waters have recently been withdrawn and American fishermen- have 

 consequently, in Mr. Root's words, been thrown back upon their rights under the 

 Convention of 1818, it is desirable that a clear understanding should be reached 

 regarding these rights and the essential conditions of their exercise." 



The memorandum states Sir Edward's inabiUty to agree with Mr. 

 Root's propositions "without some important qualifications," and then 

 proceeds to discuss each in turn and to express the view of the British 

 Government upon it. For the present purpose questions of license and 

 registration, the obligation to pay light dues and to submit to customs 

 regulation are not of importance, as they will be considered in connection 

 with the questions submitted to arbitration. It is, however, necessary 

 to note the fundamental differences of opinion between the two govern- 

 ments regarding the exemption of American fishermen from local regu- 

 lation in the exercise of their calling in British waters. Looking at the 

 larger question involved. Sir Edward Grey stated "that the only ground 

 on which the application of any provisions of the Colonial Law to Ameri- 

 can vessels engaged in the fishery can be objected to is that it unreason- 

 ably interferes with the exercise of the American right of fishery." In 

 other words, local legislation is equally binding upon American and 

 British fishermen, but may be objected to by the United States if it is 

 unreasonable. After careful consideration of Sir Edward Grey's memo- 

 randum, Mr. Root, in his instruction to Mr. Reid, dated June 30, 1906, 

 presented with great clearness and detail the American view of the Con- 

 vention of 18 18 and of the rights conferred upon American citizens — 

 rights which could not be modified or impaired without the consent of 

 the United States; and he both stated and argued that the United States 

 had the right not merely to object to unreasonable regulations, but that 

 such regulations were, vnthout the consent of the United States, inopera- 

 tive upon American fishermen. 



In setting forth the American contention and the right of American 

 fishermen in British waters to be exempt from loca:l statutes, Mr. Root 

 is not unmindful of the fact that the fishery should not be unregulated. 

 The United States, he said, 



^Appendix, pp. 446, 447; Appendix, British Case, p. 494; Appendix, U. S. Case, p. 971. 



