442 APPENDIX 



statement based, I assume, upon information received from his constituents in Massa- 

 chusetts, who are interested in the fisheries: — 



"Newfoundland cruiser 'Fiona' has arrived in Bay of Islands, on Treaty Coast, 

 with Minister of Marine and Fisheries on board. The Minister has forbidden all 

 vessels on American register to fish on Treaty Coast, where they now are, and where 

 they have fished unmolested since 1818." 



The American boats are already upon the Treaty Coast. I have felt bound to 

 advise Senator Lodge that I have no doubt of their right to proceed to take fish upon 

 the groimd where the Minister of Marine and Fisheries of Newfoundland has prohibited 

 them from fishing. The history of the fisheries and the numerous diflSculties which 

 have arisen upon the Treaty Coast indicate that this conflict between the orders of 

 the Newfoundland Government and the rights of our fishermen, as we conceive them to 

 be, may lead to very serious and regrettable incidents. It seems unfortunate that 

 the Government of Newfoundland should undertake to prohibit a practice justified 

 by the construction of the various Treaties relating to the Newfoundland fisheries 

 for more than a century without any suggestion by the Government of Great Britain 

 that that Govenunent proposes any change of construction, and without any exchange 

 of views between the two Governments upon the subject. 



I shall wish to satisfy you that immediate representation should be made to the 

 Government of Newfoundland, which will lead to a different way of raising and 

 disposing of any questions which there may be regarding our fishermen's rights 

 under the existing Treaty 



I am, etc. 

 (Signed) Elihu Root 



NOTE OF MR. ROOT TO SIR MORTIMER DURAND, OCTOBER 19, 1905 » 



Department of State, Washington, October 19, 1905 

 Excellency: Mr. Gardner, the Representative in Congress of the Gloucester 

 district, has placed in my hands a number of despatches received by him from 

 masters of American vessels now on the Newfoundland coast. These despatches 

 are answers to inquiries sent by him at my request for the purpose of ascertaining 

 definitely, if possible, what is the precise difficulty there. 



These despatches agree in the statement that vessels of American registry are 

 forbidden to fish on the Treaty Coast. One captain says that he was informed that 

 he could not fish by the Inspector of the Revenue Protection Service of Newfoundland, 

 and several of them that they have been ordered not to take herring by the Collector 

 of Customs at Bonne Bay, Newfoundland. 



It would seem that the Newfoundland officials are making a distinction between 

 two classes of American vessels. We have vessels which are registered, and vessels 

 which are Ucensed to fish and not registered. The license carries a narrow and re- 

 stricted authority; the registry carries the broadest and most unrestricted authority. 

 The vessel with a license can fish, but cannot trade; the registered vessels can law- 

 fully both fish and trade. The distinction between the two classes in the action of the 

 Newfoundland authorities would seem to have been implied in the despatch from 

 Senator Lodge which I quoted in my letter of the 12th, and the imputation of the 

 prohibition of the Minister of Marine and Fisheries may perhaps have come from the 

 ' Appendix, U. S. Case, p. 966; Appendix, British Case, p. 491. 



