446 APPENDIX 



controlled, may come most unfortunate results when the American fishermen proceed 

 to the exercise of their Treaty rights, that is, the Newfoundland fishermen themselves 

 acting independently of their Government. 



You are aware that for a considerable period American fishing-vessels, instead of 

 themselves taking herring, caplin, and squid upon the Treaty Coast, have been in 

 the habit of buying those fish from the Newfoundland fishermen. For many of the 

 Newfoundland fishermen this trade has been a principal means of support. That 

 has been especially so in and about the Bay of Islands. It has been profitable to the 

 local fishermen, and it has been for the Americans a satisfactory substitute for the 

 exercise of their Treaty right to catch the fish themselves. It is, indeed, not unnatural 

 that these fishermen should struggle in every way open to them to prevent the loss 

 of their means of support, and that if they cannot control their own Government so 

 as to secure permission to sell herring and bait, they should seek to prevent the Ameri- 

 cans from taking the bait, in the hope that as the result of that prevention, their 

 profitable trade may be restored. 



The Resolution which I have quoted referring to the Fortune Bay case is a clear 

 threat of violence to prevent the exercise of the Treaty right. If the threat should be 

 carried out it is too much to expect that some at least of the American fishermen will 

 not refuse to yield to lawless force which seeks to deprive them of their rights and of 

 their means of livelihood. 



We shall do everything in our power to prevent such a collision, and we should 

 indeed deeply deplore it, but the true and effective method of prevention plainly 

 must be the exercise of proper control by the Government of Newfoundland over the 

 fishermen of Newfoundland, and it seems to me that the danger is sufiiciently real 

 and imminent to justify me in asking that the Government of Great Britain shall 

 take speedy steps to bring about the exercise of such control. 



I have, etc. 

 (Signed) Elihu Root 



NOTE OF SIR EDWARD GREY, BRITISH MINISTER FOR FOREIGN AFFAIRS, 



TO MR. WHITELAW REID, AMERICAN AMBASSADOR AT LONDON, 



FEBRUARY 2, 1906, WITH MEMORANDUM ^ 



Foreign Opfice, February 2, 1906 



Your Excellency, — The views of the United States' Government with respect 



" to the position of affairs on the coast of Newfoimdland, and to the rights of American 



fishing-vessels in those waters under the Treaty of the 20th October, 1818, as set 



forth in Mr. Root's note to His Majesty's Ambassador at Washington of the 19th 



October, 1905, have received the serious attention of His Majesty's Government. 



I have how the honor to inclose a Memorandum dealing seriatim with the six 

 propositions formulated by Mr. Root, and with his observations with regard to some 

 of the provisions of recent Newfoundland legislation for the regulation of the fisheries. 

 As, owing to the prompt measures adopted and-to the concihatory spirit displayed 

 by both Governments, the fishing season has now closed without any collision between 

 the British and American fishermen, or the development of any such friction as was 

 at one time anticipated, it is unnecessary to deal more particularly with the latter 

 portion of Mr. Root's note, which was devoted to that side of the question. 



I have, etc. 

 (Signed) Edward Grey 

 •Appendix, British Case, p. 494; Appendix, U. S. Case, p. 971. 



