[Inclosure 1 in No. 5.]
Extract from the Boston Herald of July 9,
1906.
[Special dispatch to the Boston Herald.]
Gloucester, July 10, 1906.—The following self-explanatory letter
bearing upon the Newfoundland herring fishery, and in line with what
was published in the Herald this morning, has been received by the
board of trade of this city from Congressman Gardner:
“Hamilton, July 7, 1906.
“To the Gloucester Board of Trade, Gloucester:
“Gentlemen: I am in receipt of a letter
dated the 2d July, 1906, from the Secretary of State just before his
departure for South America, answering a
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large number of the questions raised in my
memorandum of Mr. Alexander, of the United States Fish Commission,
dated the 30th June, relative to the fishery regulation of
Newfoundland coast.
“The State Department holds that the local regulation prohibiting
purse seining is unreasonable as against American fishermen. If our
fishermen undertake to exercise their rights in this way, the State
Department will do everything in its power to help them, and, if
vessels should be seized or their fishing interfered with, to secure
adequate compensation. It is my view therefore that it would be wise
for Gloucester vessels desirous of doing so to prepare to take
herring by purse seines this autumn.
“I am well aware that I am taking a great responsibility and risk in
offering this advice, but the situation is such that I feel it would
be unjustifiable for me to decline to give a definite opinion. It
is, of course, within the bounds of possibility that American
fishermen taking herring with purse seines may be subject to such
annoyance as may cause serious financial losses. Nevertheless, it is
necessary for our fishermen to receive some definite statement, and
the advice that I give is the result of my most serious thought.
“Many of the provisions of the new act passed on the 10th May,
1906,a are
extremely unfriendly, but some of those which are unfriendly are
probably not violations of our treaty rights. The State Department
believes that Newfoundland has the right to prohibit its own
citizens from engaging in our crews unless they are inhabitants of
the United States. If they are inhabitants of the United States we
are entitled to have them fish from our vessels regardless of their
citizenship. The views expressed above, if correct, would permit our
vessels to go purse seining with crews shipped in American waters,
but our right to secure such crews by advertisement in the
Newfoundland papers would undoubtedly be contested by Great Britain.
In order to avoid the raising of this question at the present time I
sugegst that no such advertisements shall be inserted.
“With regard to the question of gill netting as carried on in the Bay
of Islands and elsewhere, I do not think that we can contest the
right of Newfoundland to forbid her citizens from shipping aboard
our vessels; and this prohibition may perhaps apply to other British
subjects. We contend, however, that Newfoundland is not entitled to
inquire into the nationality of our crews; but the contrary view
appears to be taken by the British Government. At the present time,
therefore, it is undesirable to raise this question if a successful
herring season can be obtained in some other way.
“My advice as to the coming fishing season is to refrain from
shipping British subjects in British waters or British ports. I am
aware, of course, that this advice, if carried out, practically
precludes gill netting for the coming season, unless that operation
is carried on by combining the crews of several vessels. The State
Department is now contending with the Government of Great Britain
that Newfoundland had no right to interfere with our fishermen by
any regulation that did not exist when the treaty of 1818 was made.
At the same time we have offered to join with Great Britain in
agreeing to reasonable regulations. The courses of diplomacy,
however, are so slow that I do not believe it would be possible to
arrive at any definite conclusion prior to 1907.
“I feel the very grave responsibility which I take in giving any
advice at all, and if it is followed I shall not cease to feel
uneasy for fear that I may have made a mistake. Nevertheless, I feel
it my duty to advise either to pursue the herring fisheries for the
year 1906 with purse seines or to continue with the nets only with
crews shipped in American ports or waters.
“Very respectfully,
“(Signed)
A. P.
Gardner.
”
[Inclosure 2 in No. 5.]
Extract from the Boston Traveller of July 9,
1906.
Gloucester, July 10, 1906.—The announcement made here yesterday that
American vessels would not only seine for herring along the treaty
or west coast of Newfoundland this fall and winter, but that they
would be backed up by the State Department at Washington, was
received here with many manifestations of pleasure.
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Seining is in direct violation of the local laws of Newfoundland, yet
Secretary Root in his report is expected to say that not only have
the American vessels the right to seine along the treaty coast, but
that they will be protected in those rights.
In 1905 the foreign fishing act of Newfoundland was proclaimed almost
as soon as it was adopted. The present spring an even more stringent
foreign fisheries act was adopted, but so far as can be learned it
has not been proclaimed, and this is looked upon as significant, and
many seem to think that it indicates that the British foreign office
is not so ready to interfere with any treaty which may exist between
the two countries.
This winter the State Department will be represented in Newfoundland
waters, but it will not be on the deck of a sailing vessel but a
government steamer of some kind, to see that the rights of the
American fishermen are well looked after. Local vessel owners will
send the salt-herring fleet earlier than usual this year, and they
will in all cases be equipped with proper nets or seines to take
fish along the treaty coast.
