CORRESPONDENCE 461 



It may be as well to mention incidentally in regard to Mr. Root's contention that 

 no claim to place any such restriction on the French right of fishery was ever put 

 forward by Great Britain; that there was never any occasion to advance it, for the 

 reason that foreigners other than Frenchmen were never employed by French fishing 

 vessels. 



The main question at issue is, however, that of the application of the Newfound- 

 land regulations to American fishermen. In this connection the United States Govern- 

 ment admit the justice of the view that all regulations and limitations upon the exer- 

 cise of the right of fishing upon the Newfoundland Coast, which were in existence at 

 the time of the Convention of 1818, would now be binding upon American fishermen. 

 Although Mr. Root considers that to be the extreme view which His Majesty's Govern- 

 ment could logically assert, and states that it is the utmost to which the United 

 States Government could agree. His Majesty's Government feel that they cannot 

 admit any such contention, as it would involve a complete departure from the position 

 which they have always been advised to adopt as to the real intention and scope 

 of the treaties upon which the American fishing rights depend. On this vital point 

 of principle there does not seem to be any immediate prospect of agreement with United 

 States views, and it would, therefore, seem better to endeavour to find some temporary 

 solution of the difficulty as to the regulations under which the Americans are to fish. 



His Majesty's Government note with satisfaction Mr. Root's statement that the 

 American Government are far from desiring that the fishery should go unregulated, 

 and believing as they do that the Newfoundland regulations have been framed with 

 the intention of preserving and maintaining the fishery in the most efficient and pro- 

 ductive condition, and for the prevention of practices that must be detrimental to 

 the common interests they propose to communicate a copy of all the regulations 

 that are now in force, and if there is anything in these regulations which the United 

 States Government feel to bear hardly upon the American fishermen. His Majesty's 

 Government will gladly pay the utmost consideration to any American representations 

 on the subject with a view to the amendment of the regulations in the sense desired, 

 provided that such be consistent, with the due preservation of the fishery. 



Pending this examination of the regulations. His Majesty's Government would 

 propose the following arrangements as to the provisions in the Newfoundland enact- 

 ments that have been most discussed. 



These are the obhgation to report at a Custom House and to pay light dues, and 

 the prohibition to use purse seines, and to fish on Sundays. Other regulations, such 

 as the prohibition to throw ballast or rubbish into the water frequented by herring, 

 and to throw overboard on the fishing ground fish offal, heads and bones, have occa- 

 sionally come in question, but are clearly reasonable, and are not, it is believed, objected 

 to by the United States Government. Fishing at night is another question which 

 has been discussed, although it is not forbidden by the regulations. His Majesty's 

 Government understand that by tacit consent among the fishermen themselves fishing 

 is not pursued at night, and with this arrangement there seems no reason to interfere. 



With regard to the entry and clearance of American vessels at Newfoundland ports, 

 I would remind your Excellency that the American vessels engaged in the winter 

 fishery in the Bay of Islands must pass in close proximity to several Custom Houses, 

 and that it cannot be said that the obligation to report and clear unduly interferes 

 with the operations of the vessels. On this point, however. His Majesty's Govern- 

 ment would, in order to secure an arrangement for the next fishing season, be prepared 

 to defer discussion of the question of right; but they would urge, on the other hand, 



