INTRODUCTION cv 



unreasonable interference" and that such dues are payable by all 

 except coasting and fishing vessels owned and registered in the 

 Colony.^ 



In Mr. Root's reply, dated June 30, 1906, issue is squarely taken with 

 Sir Edward Grey's contention that American vessels in the exercise of 

 their treaty right "are bound to enter and clear in the Newfoundland 

 custom-houses, to pay light dues, even the dues from which coasting and 

 fishing-vessels owned and registered in the Colony are exempt." '^ 



Mr. Root quoted a passage from Lord Salisbury's note to Mr. 

 Welsh, then American Minister, in which his Lordship admitted that 

 American fishermen were subjected only to the restrictions imposed 

 by municipal law at the date of the signature of the treaty of 

 Washington of May 8, 1871, and Mr. Root considered Lord Salisbury's 

 admission equally applicable to the Convention of 1818. Mr. Root 

 said: 



"Under the view thus forcibly expressed, the British Government would be con- 

 sistent in claiming that all regulations and limitations upon the exercise of the right 

 of fishing upon the Newfoundland coast, which were in existence at the time when the 

 Treaty of 1818 was made, are now binding upon American fishermen. 



"Farther than this. His Majesty's Government cannot consistently go, and, 

 farther than this, the Government of the United States cannot go." ' 



Sir Edward Grey's note of June 20, 1907, reasserted that the 

 obligation to report at a custom house and the requirement of entry 

 and clearance of American vessels did not interfere with the fishing 

 liberty, and that such regulations were necessary to prevent smuggling 

 and to ascertain whether they really were fishing vessels and not 

 smugglers.* 



It is evident from this brief survey of the correspondence that the 

 two countries felt themselves unable to agree without sacrificing a 

 principle which involved the right to regulate the fishery. Sir Edward 

 Grey, however made a slight concession in his note last quoted in regard 

 to light dues, for as Newfoundland vessels "are under certain conditions 

 exempt either wholly or in part from payment" of light dues. Great 

 Britain considered American fishing vessels as entitled to like treatment.* 



Lord Salisbury's statement that American fishermen were only bound 

 to obey municipal laws in force at the signature of the Treaty and the 



^Appendix, pp. 446, 450; Appendix, British Case, p. 494; Appendix, U. S. Case, 

 p. 971. 



^Appendix, p. 453; Appendix, U. S. Case, p. 978; Appendix, British Case, p. 49S. 



' Appendix, pp. 4S3, 457; Appendix, U. S. Case, p. 978; Appendix, British Case, p. 498. 



* Appendix, p. 45g; Appendix, British Case, p. S07; Appendix, U. S. Case, p. 1003. 



^Appendix, pp. 4Sp, 462; Appendix, British Case, p. 507; Appendix, U. S. Case, 

 p. 1003. 



