xciv INTRODUCTION 



lations will be drawn up by the mutual consent of the parties in interest, 

 although their enforcement will be delegated to the local sovereign. 



Question II 



The second question submitted to the determination of the Tribunal 

 was one of recent origin, but to which Newfoundland attached very- 

 great importance. In form it is simple; namely, "have the inhabitants 

 of the United States, while exercising the liberties referred to in said 

 Article [of the Convention of 1818], a right to employ as members of 

 the fishing crews of their vessels persons not inhabitants of the United 

 States?" 



The Foreign Fishing Vessels Act of. 1893 authorized the Governor 

 of Newfoundland to issue licenses "to foreign fishing vessels, enabling 

 them to enter any port on the coasts of this Island for the following 

 purposes: The purchase of bait, ice, seines, lines, and all other supplies 

 and outfits for the fishery and for the shipping of crews." ' 



Failure to procure the license specified in the Act made the vessels 

 and their crews trespassers and subjected them to severe penalties. As 

 American fishermen invariably took out licenses they neither felt nor 

 minded the stringent provisions of the Act. The failure of the United 

 States Senate to approve the Hay-Bond Treaty of 1904 annoyed Sir 

 Robert Bond, then Premier of Newfoundland, and in 1905 the permis- 

 sion to purchase licenses was withdrawn. The Act of 1893 was repealed, 

 but its main provisions were incorporated in the Foreign Fishing Vessels 

 Act of June 15, 1905, and applied generally to foreign vessels found 

 within Newfoundland waters, although Article 7 contained the proviso 

 that "nothing in this Act shall affect the rights and privileges granted 

 by Treaty to the subjects of any State in amity with His Majesty."^ 



Mr. Root, then Secretary of State, took exception to this Act and out 

 of this correspondence arose the recent fishery controversy which was 

 by special agreement submitted to arbitration at The Hague in 1910. 

 The Act of 1905 was modified by the Act of May 10, 1906, but as it con- 

 tained additional provisions, strenuously objected to by the United 

 States, Great Britain refused to permit its enforcement against American 

 fishermen.' 



' An Act respectiag Foreign Fishiag Vessels (Art. I) passed May 24, 1893. (Appendix, 

 British Case, p. 730.) 



* An Act respecting Foreign Fishing Vessels, passed June 15, 1905. {Appendix, p. 468; 

 Appendix, British Case, p. 7S7; Appendix, U. S. Case, p. 197. 



' " It is understood that His Majesty's Government will not bring into force the Newfound- 

 land Fishery Vessels Act of 1906 which imposes on American Gshing vessels certain restrictions 

 in addition to those imposed by the Act of 190s, and also that the provisions of the first part of 

 Section I of the Act of 1905, as to boarding and bringing into port, and also the whole of Sec- 



