54 
* clause as to new factories, in order to avoid as far as possible © 
“necessity for wholesale removal, which it was stated by you 
“would create soreness and discontent.” 
Two facts, at least, are placed beyond dispute by the above- 
quoted correspondence—(1) that the consent of the “ community ” 
of Newfoundland to the modus vivendi was not obtained by 
laying it before the * Legislature,” which the Labouchere despatch 
declared to be the proper action to be taken in such cases; (2) 
and that even the Government of Newfoundland was not con- 
sulted as to the adoption of the modus vivendi as settled. The 
Secretary of State has not explained why “it was necessary” to 
conclude the modus vivendi without referring it to the Govern- 
ment of Newfoundland in its final shape, even by a telegraphic 
statement, though it is possible that a satisfactory explanation 
can be made. ‘The Secretary has, however, replied to the com- 
plaint that the promise contained in the Labouchere despatch — 
was violated, and his reply was as follows:— 
REcEIVED ArRit 3rd, 1890.] 
Secretary of State to Governor. 
“ March 21st, 1890.—Sir,—In my telegram of the 16th 
** December last I informed you of the wish of Her Majesty’s 
“Government to consult Sir Wm. Whiteway, generally, on 
“ matters connected with the Newfoundland fisheries, and 
“ especially with the object of determining whether it would be © 
5 possible to submit to arbitration the French claims connected 
‘ with the lobster fisheries, and to consult with him as to terms 
“ of reference. 
“In your reply of the 25th December you informed me that — 
“ Sir Wm. Whiteway would not-be able to leave until the end of — 
“ March, or perhaps not before the end of the session of the local — 
“ Legislature. I have now to inform you that the Secretary of — 
“the French Embassy called at the Foreign Office on the 21st — 
“‘ January, and observed that it could scarcely be hoped that the 
‘‘ proposed arbitration with respect to the lobster fishery in New- 
* foundland could be brought to a close before the commence- 
“ment of the fishing season, and that it therefore seemed 
‘“‘ desirable, in the interests of all parties, that some modus 
“ wivendi should be arrived at for the next season only, and pend- 
“ing the settlement of the question at issue. M. Jusserand 
