444 APPENDIX 



If your Government sees no cause to dissent from these propositions, I am inclined 

 to think a statement of them as agreed upon would resolve the immediate difficulty 

 now existing on the Treaty Coast. 



I have, however, to call your attention to a further subject, which I apprehend 

 may lead to further misunderstanding in the near future if it is not dealt with now. 

 That is, the purposes of the Government of Newfoundland in respect of the treatment 

 of American fishing-vessels as exhibited in a Law enacted during the past summer 

 by the Legislature of that Colony, under the title "An Act respecting Foreign Fishing- 

 Vessels." 



This Act appears to be designed for the enforcement of laws previously enacted 

 by Newfoundland, which prohibited the sale to foreign fishing-vessels of herring, 

 caplin, squid, or other bait fishes, lines, seines, or other outfits or supplies for the 

 fishery or the shipment by a foreign fishing-vessel of crews within the jurisdiction 

 of Newfoundland. 



The Act of last summer respecting foreign fishing- vessels provides: 



"Section i. Any Justice of the Peace, sub-collector, preventive officers, fishery 

 warden, or constable, may go on board any foreign fishing-vessel being within any 

 port of the coasts of this island, or hovering within British waters within 3 marine 

 miles of any of the coasts, bays, creeks, or harbours in this island, and may bring such 

 foreign fishing-vessel into port, may search her cargo and may examine the master 

 upon oath touching the cargo and voyage, and the master or person in command, 

 shall answer truly such questions as shall be put to him under a penalty not exceeding 

 500 dollars. And if such foreign fishing-vessel has on board any herring, caplin, 

 squid, or other bait fishes, ice, lines, seines, or other oufits or supplies for the fishery 

 purchased within any port on the coast of this island, or within the distance of 3 marine 

 miles from any coasts, bays, creeks, or harbors of this island, or if the master of the 

 said vessel shall have engaged or attempted to engage any person to form part of the 

 crew of the said vessel in any port or on any part of the coasts of this island, or has 

 entered such waters for any purpose not permitted by Treaty or Convention for the 

 time being in force such vessel and the tackle, rigging, apparel, furniture, stores, and 

 cargo thereof shall be forfeited." 



"Section 3. In any prosecution under this Act the presence on board any foreign 

 fishing-vessel in any port of this island, or within British waters aforesaid of any 

 caplin, squid, or other bait fishes, of ice, lines, seines, or other outfits or supplies for 

 the fishery shall be primd facie evidence of the purchase of the said bait, fishes, and 

 supplies and outfits within such port or waters." 



It seems plain that the provisions above quoted constitute a warrant to the officers 

 named to interfere with and violate the rights of American fishing-vessels under the 

 Treaty of 1818. 



The I St section authorizes any of the officers named to stop an American vessel 

 while fishing upon the Treaty Coast and compel it to leave the fishing grounds, to 

 prevent it from going to the places where the fish may be, to prevent it departing with 

 the fish which it may have taken, and to detain it for an indefinite period during a 

 search of the cargo and an examination of the master under oath under a heavy penalty. 



It is to be observed that this section does not require that the vessel shall have 

 been charged with any violation of the laws of Newfoundland, or even that she shall 

 have been suspected of having violated the laws of Newfoundland as a condition 

 precedent to compelling it to desist from the exercise of its Treaty rights, and virtually 

 seizing it and taking it into port. In the consideration of this provision, it is unneces- 



