CORRESPONDENCE 443 



pott oflScers, in conversation with the masters of American vessels, giving him as their 

 authority for their prohibitions. 



As the buying of herring and bait fish, which until recently has been permitted for 

 a good many years in Newfoundland, is trading, the American fishing fleet have come 

 very generally to take an American registry, instead of confining themselves to the 

 narrower fishing license, and tar the greater part of the fleet now in northern waters 

 consists of registered vessels. The prohibition against fishing under an American 

 register substantially bars the fleet from fishing. American vessels have also appar- 

 ently been in the habit of entering at the Newfoundland custom-houses and applying 

 for a Newfoundland license to buy or take bait, and I gather from all the information 

 I have been able to get that both the American master and the Customs officials have 

 failed to clearly appreciate the different conditions created by the practical withdrawal 

 of all privileges on the part of Newfoundland and the throwing of the American 

 fishermen back upon the bare rights which belong to them under the Treaty 

 of 1818. 



I am confident that we can reach a clear understanding regarding those rights and 

 the essential conditions of their exercise, and that a statement of this understanding 

 to the Newfoundland Government, for the guidance of its officials on the one hand 

 and to our American fishermen for their guidance on the other, will prevent causeless 

 injury and possible disturbances, such as have been cause for regret in the past history 

 of the north-eastern fisheries. 



I will try to state our view upon the matters involved in the situation, which now 

 appears to exist upon the Treaty Coast. We consider that — 



1. Any American vessel is entitled to go into the waters of the Treaty Coast and 

 take fish of any kind. 



She derives this right from the Treaty (or from the conditions existing prior to 

 the Treaty and recognized by it) and not from any permission or authority proceeding 

 from the Government of Newfoundland. 



2. An American vessel seeking to exercise the Treaty right is not bound to obtain 

 a license from the Government of Newfoundland, and, if she does not purpose to trade 

 as well as fish, she is not bound to enter at any Newfoundland custom-house. 



3. The only concern of the Government of Newfoundland with such a vessel is 

 to call for proper evidence that she is an American vessel, and, therefore, entitled to 

 exercise the Treaty right, and to have her retrain from violating any laws of Newfound- 

 land not inconsistent with the Treaty. 



4. The proper evidence that a vessel is an American vessel and entitled to exercise 

 the Treaty right is the production of the ship's papers of the kind generally recognized 

 in the maritime world as evidence of a vessel's national character. 



5. When a vessel has produced papers showing that she is an American vessel, 

 the officials of Newfoundland have no concern with the character or extent of the 

 privileges accorded to such a vessel by the Government of the United States. No 

 question as between a registry and license is a proper subject for their consideration. 

 They are not charged with enforcing any laws or regulations of the United States. 

 As to them, if the vessel is American she has the Treaty right, and they are not at 

 liberty to deny it. 



6. If any such matter were a proper subject for the consideration of the officials 

 of Newfoundland, the statement of this Department that vessels bearing an American 

 Registry are entitled to exercise the Treaty right should be taken by such officials as 

 conclusive. 



