INTRODUCTION xcv 



The last part of Section I of the Act of 1905 contained a provision 

 (repeated in the Act of 1906) forbidding foreign vessels from engaging 

 or attempting to engage crews within Newfoundland waters. The Act 

 of 1906 forbade aliens to fish within the waters of the colony (Article 5); 

 it also forbade British subjects to fish from a foreign vessel within New- 

 foundland waters and penalized the master as well as the vessel for 

 violation of the provisions of the Act (Article 6); it further imposed a 

 fine upon residents of Newfoundland who should leave the colony "for 

 the purpose of engaging in foreign fishing vessels" (Article 7), or who 

 should furnish supplies to- foreign fishermen, as well as upon the 

 master procuring supplies in Newfoundland ports (Article 8), or convey- 

 ing residents of the colony beyond Newfoundland waters to enable 

 them to engage in fishing from foreign fishing vessels (Article 9) ^ 



The United States objected to these provisions because it held that 

 American fishermen could properly employ non-inhabitants of the 

 United States to take fish within treaty waters, but admitted that Great 

 Britain could forbid residents of Newfoundland from fishing within 

 Newfoundland waters. 



American counsel contended that the question submitted to arbitra- 

 tion was simply whether American inhabitants could employ non- 

 inhabitants to fish from American vessels in the treaty waters, not 

 whether they could employ residents of Newfoundland contrary to the 

 provisions of local statute. British counsel maintained that two ques- 

 tions were involved; namely: 



(i) "That article one means what in terms it says, that it confers the liberty to 

 take fish on the inhabitants of the United States, and not on the inhabitants of 

 other countries. 



(2) "That the Colonial legislature and the Imperial Parliament retain the power 

 of prohibiting any of His Majesty's subjects from engaging as fishermen in American 

 vessels, and that the exercise of this power is in no way inconsistent with the treaty." ' 



The Convention of 1818, although concluded between Great Britain 

 and the United States, grants the liberty to inhabitants of the 

 United States, and Great Britain insisted that the terms of the treaty 

 were to be strictly construed, so that non-inhabitants of the United 

 States could not participate in the fisheries, as the treaty in speci- 

 fying one class excluded all others. But the British contention was 

 much broader and read into the question the further questions, did 

 the Treaty of 1818 confer rights on American fishing vessels, and could 



tioa 3 of the same Act, will not be regarded as applying to American fishing vessels." (Modus 

 Vivendi of 1Q07. Appendix, British Case, p. 510.) 



^Appendix, p. 470; Appendix, British Case, p. 738; Appendix, U. S. Case, p. igg. 



' British Case, p. 59; Sir Robert Finlay, Oral Argument, Vol. I, p. 226. 



