597

A—s

not exempt that ship or its crew from the operation of those laws which relate to its revenue and its fisheries." And Sir Travers Twiss states the law thus : — '' Treaty engagements in such matters as fisheries in common do not give any other right than that which is expressed in the specific terms." Again, the United States Government, as far back as 1856, recognised not only the right, but the desirability, of the enforcement of the laws of Newfoundland upon United States citizens entering the territorial waters of the Colony to engage in fishing. On the 28th March, 1856, the following instruction to the masters of American fishing vessels was issued from the State Department, Washington, namely : — " It is understood that there are certain Acts of the British North American Colonial Legislature, a? also, perhaps, Executive regulations, intended to prevent the wanton destruction of the fish which frequent the coasts of the Colonies and injurious to the fishing thereon. It is deemed reasonable and desirable that both United States and British fishermen should pay a like respect to such laws and regulations which are designed to preserve and increase the productiveness of the fisheries on these coasts. Such being'the object of these laws and regulations, the observation of them is enforced upon the citizens of the United States in a like manner as they are observed by British subjects. By granting the mutual use of the inshore fisheries neither party has yielded its right to civic jurisdiction over a marine league along its coast. Its laws are as obligatory upon the citizens or subjects of the other as upon its own." In 1886 there was a similar recognition by the Government of the United States of the binding effect of Colonial laws upon its citizens when coming within the jurisdiction of the Colony. In a despatch from Mr. Bayard, of the Department of State, Washington, to Sir Lionel AVest, bearing date 10th May, 1886, it was stated :— " Since 1818 certain important changes have taken place in fishing which have materially modified the conditions under which the business of inshore fishing is conducted, and it must have great weight in any present administration of the Treaty Everything will be done by the United States to cause its citizens engaged -in fishing to conform to the obligations of the Treaty and prevent an infraction of the fishing laws of the British \ provinces." Again, in a despatch from Mr. Bayard to Sir Lionel West of date, 20th May, 1886, that gentleman stated that he was desirous that due and full observance should be paid by the citizens of the United States to local laws and commercial regulations to the ports of the British provinces. This position is further upheld by a despatch from the Marquess of Salisbury to Mr. White in 1887, in which he states that " such statutes are "clearly within the powers of the respective Parliaments by which they " were passed, and are in conformity with the Convention of 1818, especially " in view of the passages of the Convention which provide that the American " fishermen shall be under such restrictions as shall be necessary to prevent " them from abusing the privileges thereby reserved to them." The question of the legality of laws and regulations in relation to the conduct of the fisheries under the Treaty of 1818 passed by the Canadian

Fifteenth Day. 14 May 1907.

Newfoundland. Fishery. (Sir R. Bond.)