INTRODUCTION xcvii 



Americans entitled by the treaty to fish in Newfoundland waters. In 

 the next place Newfoundland Statutes of 1905 and 1906 contained pro- 

 hibitions against the employment upon foreign fishing vessels of any 

 persons not entitled by the treaty to fish in Newfoundland waters. As 

 local sovereign Newfoundland could undoubtedly regulate fishing opera- 

 tions within its own waters, unless restrained by treaty, and Newfound- 

 land could Ukewise forbid Newfoundlanders from engaging as members 

 of the crew of a foreign vessel within Newfoundland waters, provided a 

 treaty or convention did not forbid such enactments.* American fisher- 

 men have been in the habit of employing Newfoundlanders as members 

 of the crew and a regulation of this kind would interfere with the profit- 

 able prosecution of the fishery. It might deprive Newfoundlanders of 

 their means of livelihood, — a question for Newfoundland, not for the 

 ' United States, — but restrictions placed upon American fishing might 

 lead to concessions from the United States, and it would appear that 

 the policy of Sir Robert Bond was, by regulation of the fisheries, to force 

 the United States into concessions advantageous to Newfoundland. 

 Indeed, in a much quoted speech in the Newfoundland Parliament, he 

 declared his purpose to be to make Newfoundland the mistress of the seas 

 and to bring the United States to terms? 



The matters at issue, therefore, in Question II were first, the 

 nature and extent of the question submitted, and second, the right of 

 American fishermen to employ upon their fishing vessels as members 

 of the fishing crew "persons not inhabitants of the United States." 



In the view of American counsel inhabitants of the United States 

 possessed not merely the liberty to fish, but the right to employ non- 



' "The State Department believes that Newfoundland has the right to prohibit its own 

 citizens from engaging in our crews unless they are inhabitants of the United States. If they 

 are inhabitants of the United States we are entitled to have them fish from our vessels regard- 

 less of their citizenship. The views expressed above, if correct, should permit our vessels to 

 go purse seining with crews shipped in American waters, but our right to secure such crews by 

 advertisement in the Newfoundland papers would undoubtedly be contested by Great Britain." 

 (Mr. Root's letter, dated July 7, 1906, to Mr. Gardner, M.C., Appendk, British Case, p. 302.) 



' Thus in supporting the Foreign Fishing Vessels Bill of 1905, Sir Robert said: 



"This bill is framed specially to prevent the American fishermen from coming into the 

 bays, harbors, and creeks of the coasts of Newfoundland for the purpose of obtaining herring, 

 caplin, and squid for fishery purposes. . . . 



"This communication is important evidence as to the value of the position we occupy as 

 mistress of the northern seas so far as the fisheries are concerned. Herein was evidence that 

 it is within the power of the legislature of this colony to make or mar our competitors to the 

 North Atlantic fisheries. Here was evidence that by refusing or restricting the necessary bait 

 supply we can bring our foreign competitors to realize their dependence upon us. One of the 

 objects of this legislation is to bring the fishing interests of Gloucester and New England to a 

 realization of their dependence upon the bait supplies of this colony. No measure could have 

 been devised having more clearly for its object the conserving, safeguarding, and protecting 

 of the interests of those concerned in the fisheries of the colony." (Appendix, U. S. Counter 

 Case, pp. 446, 448.) 



