CORRESPONDENCE 447 



[Memorandum Enclosed in Above] 



Mr. Root's note to Sir M. Durand of the igth October, 1905, on the subject of 

 the United States' fishery in the waters of Newfoundland under the Convention 

 of the 20th October, 1818, may be divided into three parts. 



The first deals with complaints which had reached the United States' Government 

 to the effect that vessels of the United States' registry had been forbidden by the 

 Colonial authorities to fish on the Treaty Coast, the second with the provisions of 

 "The Newfoundland Foreign Fishing- Vessels Act, 1905," and the third with the possi- 

 bility of a lawless and violent interruption of the United States' fishery by the inhab- 

 itants of the Bay of Islands 



The complaints referred to in the first part of Mr. Root's note were at once brought 

 to the notice of the Government of Newfoundland, and they replied that there had 

 been no attempt to prevent American fishermen from taking fish. The complaints 

 in question appear to have been based on some misunderstanding, and the subsequent 

 course of the fishery proved that the apprehensions on the part of the United States' 

 Government to which they gave rise were, fortunately not well founded. 



His Majesty's Government, however, agree with the United States' Government 

 in thinking that inasmuch as the privileges which citizens of the United States have 

 for many years enjoyed of purchasing bait and supplies and engaging men in New- 

 foundland waters have recently been withdrawn and American fishermen have conse- 

 quently, in Mr. Root's words, been thrown back upon their rights under the Convention 

 of 1818, it is desirable that a clear understanding should be reached regarding 

 those rights and the essential conditions of their exercise, and they have ac- 

 cordingly given the most careful consideration to the six propositions advanced in 

 Mr. Root's note as embodying the views of the United States' Government on the 

 subject. 



They regret, however, that they are unable to record their assent to these propo- 

 sitions without some important qualifications. 



Proposition i states: 



"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." 



The privilege of fishing conceded by Article I of the Conven' ion of 1818 is conceded^, 

 not to American vessels, but to inhabitants of the United States and to American 

 fishermen. 



His Majesty's Government are unable to agree to this or any of the subsequent 

 propositions if they are meant to assert any right of American vessels to prosecute 

 the fishery under the Convention of 1S18 except when the fishery^ is carried 

 on by inhabitants of the United States. The Convention confers no rights on 

 American vessels as such. It inures for the benefit only of inhabitants of the 

 United States. 



Proposition 2 states: 



"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." 



His Majesty's Government agree that the Government of Newfoundland could 

 not require that American fishermen seeking to exercise the Treaty right should take 



