368 FISHERIES ARBITRATION AT THE HAGUE 



And Sir Edward Grey, treating of the same subject, said in a 

 memorandum, a rather formal and maturely prepared memorandum 

 transmitted by him on the 2nd February, 1906, to the American 

 Ambassador at London, some things about this treatment of 

 American registered vessels, that is, American vessels which are 

 authorized by their own Government both to trade and fish. The 

 letter of Sir Edward Gray enclosing the memorandum is at p. 971 

 of the American Appendix. The memorandum is found beginning 

 on p. 972, and on p. 974 of the memorandum occurs this statement, 

 in the last paragraph on that page: 



"It is admitted that the majority of the American vessels lately engaged 

 in the fishery on the western coast of the colony were registered vessels, as 

 opposed to licensed fishing vessels, and as such were at liberty both to trade 

 and to fish." 



And at p. 976, the same memorandum says, in the next to the 

 last paragraph on that page: 



"The distinction between United States registration and the possession 

 of a United States fishing license is, however, of some importance, inasmuch 

 as a vessel which, so far as the United States Government are concerned, is 

 at liberty both to trade and to fish naturally calls for a greater measure of 

 supervision by the Colonial Government than a vessel fitted out only for 

 fishing and debarred by the United States Government from trading; and 

 information has been furnished to His Majesty's Government by the Colonial 

 Government which shows that the proceedings of American fishing vessels in 

 Newfoundland waters have in the past been of such a character as to make 

 it impossible from the point of view of the protection of the Colonial revenue, 

 to exempt such vessels from the supervision authorized by the Colonial Cus- 

 toms Law." 



That was the occasion of no controversy whatever between the 

 government of the United States and that of Great Britain. The 

 question of supervision is certainly one about which there could be 

 no controversy. If an American vessel seeks to trade with New- 

 foundland, whether she is a fishing vessel or not, she must be sub- 

 jected to the kind of supervision which is appropriate to a trading 

 vessel. What my learned friend said about hovering is covered by 

 that perfectly. A vessel going to the coast to trade cannot hover. 

 If she is going to trade, she must clear from her home port for a 

 specified port. Every one of these registered vessels has to do that. 

 She must clear for a specified port, she must not deviate from her 



