4SO APPENDIX 



populatfon on the west coast of the Colony affords ample opportunities for illicit 

 trade, and consequently calls for careful supervision in the interests of the Colonial 

 revenue. 



The provisions in question are clearly necessary for the prevention of smuggling, 

 and His Majesty's Government are of opinion that exception cannot be taken to their 

 application to American vessels as an unreasonable interference with the American 

 fishery, and they entertain the strong hope that the United States' Government will, 

 on reconsideration, perceive the correctness of this view, and issue instructions accord- 

 ingly for the future guidance of those in charge of American vessels. 



It is, moreover, to the advantage of the American vessels engaged in the winter 

 fishery in the Bay of Islands that they should report at a Colonial custom-house. 

 Owing to the extent and peculiar configuration of that bay, and owing to the prevalence 

 of fogs, vessels that enter its inner waters may remain for days without the local 

 officers becoming aware that they are on the coast unless they so report. In such 

 circumstances it is difficult for the Colonial Government to insure to American fisher- 

 men that protection against lawless interference for which Mr. Root calls in the con- 

 cluding part of his note. 



His Majesty's Government desire further to invite the attention of the United 

 States' Government to the fact that certain United States' vessels engaged in the 

 fishery refused to pay light dues. This is the first time. His Majesty's Government 

 are informed, that American vessels have refused to pay these dues, and it is presumed 

 that the refusal is based on the denial by the Colonial Government of the trading 

 privileges allowed in past years. His Majesty's Government, however, cannot admit 

 that such denial entitles American vessels to exempt on from light dues in the ports 

 in which they fish. As already stated, American fishing-vessels engaged in the fishery 

 under the Convention of 1818 have no Treaty status as such and the only ground 

 on which, in the opinion of His Majesty's Government, the application of any Colonial 

 law to such vessels can be objected to is that such application involves an unreasonable 

 interference with the exercise of the Treaty rights of the American fishermen on board. 

 The payment of light dues by a vessel on entering a port of the Colony clearly involves 

 no such interference.. These dues are payable by all vessels of whatever description 

 and natigjjjlitjsiwtJier than coasting- and fishing-vessels owned and registered in the 

 Colony ' (which are, on certain conditions, exempt either wholly or in part). His 

 Majesty's Government trust that in these circumstances such directions will be issued 

 as will prevent further refusals in the future, and they would point out generally that 

 it is the duty of all foreigners sojourning in the limits of the British jurisdiction to 

 obey that law, and that, if it is considered that the local jurisdiction is being exercised 

 in a manner not consistent with the enjoyment of any Treaty rights, the proper course 

 to pursue is not to ignore the law, but to obey it, and to refer the question of any 

 alleged infringement of their Treaty rights to be settled diplomatically between their 

 Government and that of His Majesty. 



Propositions 4, 5, and 6 state: — 



Proposition 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." 



Proposition s- "When a vessel has produced papers showing that she is an Ameri- 

 can 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. 



