AWARD OF THE TRIBUNAL 507 



• 

 however, unless reasonably convenient opportunity therefor be afforded in person or 

 by telegraph, at a custom-house or to a customs official. 



The Tribunal is also of opinion that light and harbour dues, if not imposed on New- 

 foundland fishermen, should not be imposed on American fishermen while exercising 

 the liberty granted by the Treaty. To impose such dues on American fishermen only 

 would constitute an unfair discrimination between them and Newfoundland fishermen 

 and one inconsistent with the liberty granted to American fishermen to take fish, etc., 

 "in common with the subjects of His Britannic Majesty." 



Further, the Tribunal considers that the fulfillment of the requirement as to report 

 by fishing vessels on arrival at the fishery would be greatly facilitated in the interests 

 of both parties by the adoption of a system of registration, and distinctive marking 

 of the fishing boats of both parties, analogous to that established by Articles V to XIII, 

 inclusive, of the International Convention signed at The Hague, 8 May, 1882, for the 

 regulation of the North Sea Fisheries. 



The Tribunal therefore decides and awards as follows: 



The requirement that an American fishing vessel should report, if proper conveniences 

 for doing so are at hand, is not unreasonable, for the reasons stated in the fore- 

 going opinion. There should be no such requirement, however, unless there 

 be reasonably convenient opportunity afforded to report in person or by tele- 

 graph, either at a custom-house or to a customs official. 



But the exercise of the fishing liberty by the inhabitants of the United States should 

 not be subjected to the purely commercial formalities of report, entry and clear- 

 ance at a custom-house, nor to light, harbor or other dues not imposed upon 

 Newfoundland fishermen. 



Question IV 



Under the provision of the said Article that the American fishermen shall be admitted 

 to enter certain bays or harbours for shelter, repairs, wood, or water, and for no other 

 purpose whatever, but that they shall be under such restrictions as may be necessary 

 to prevent their taking, drying, or curing fish therein or in any other manner whatever 

 abusing the privileges thereby reserved to them, is it permissible to impose restrictions 

 making the exercise of such privileges conditional upon the payment of light or harbour 

 or other dues, or entering or reporting at custom-houses or any similar conditions ? 



The Tribunal is of opinion that the provision in the first Article of the Treaty of 

 October 20th, 1818, admitting American fishermen to enter certain bays or harbours 

 for shelter, repairs, wood and water, and for no other purpose whatever, is an exercise 

 in large measure of those duties of hospitality and humanity which all civilized nations 

 impose upon themselves and expect the performance of from others. The enumerated 

 purposes for which entry is permitted all relate to the exigencies in which those who 

 pursue their perilous calling on the sea may be involved. The proviso which appears 

 in the first article of the said Treaty immediately after the so-called renunciation clause, 

 was doubtless due to a recognition by Great Britain of what was expected from the 

 humanity and civilization of the then leading commercial nation of the world. To 

 impose restrictions making the exercise of such privileges conditional Upon the payment 

 of light, harbor or other dues, or entering and reporting at custom-houses, or any 

 similar conditions would be inconsistent with the grounds upon which such privileges 

 rest and therefore is not permissible. 

 And it is decided and awarded that such restrictions are not permissible. 



It seems reasonable, however, in order that these privileges accorded by Great 

 Britain on these grounds of hospitality and humanity should not be abused, that the 



