50 TREATY PROVISIONS RELATING TO FISHERIES. 



it would seem unnecessary to enter into any further formal arrange- 

 ments, seeing that the communication of this assurance to the United 

 States Government and its acceptance by them would be tantamount 

 to a modus vivendi. 



1 have the honor to bo, with the highest consideration, your excel- 

 lency's most obedient, humble servant, 



For Sir Edward Grey, 

 Louis Mallet. 

 His excellency the Honorable Whitelaw Reid, etc., etc., etc. 



The American ambassador to the British foreign office. 



American Embassy, London, July 23, 1908. 



Sir, The reply, in your letter of July 15, 11)08, to my proposal of 

 June 18th, for a renewal of last year's modus vivendi for the ap- 

 proaching Newfoundland fisheries season, with the same elasticity as 

 before for local arrangements, has been duly considered. 



I am gratified to learn that the Newfoundland Government was so 

 well satisfied with the result of these arrangements under the modus 

 vivendi for last 3 r ear that it offers a formal undertaking that the 

 American fishermen shall be permitted to conduct the herring fish- 

 eries this year in the same way. 



It is proper to observe that our fishermen would have preferred 

 last year, and would prefer now to work the fisheries with purse 

 seines, as heretofore, as provided in the modus vivendi. But they 

 yielded last year to the strong wishes of the Newfoundland Govern- 

 ment in this matter, and joined in the arrangement under the elastic 

 clause at the close of the modus vivendi by which, with the approval 

 of the British and American Governments, they gave up the use of 

 purse seines in return for certain concessions. I must reserve their 

 right to this use, as heretofore enjoyed, as not now abandoned, and 

 therefore to be duly considered in the pending arbitration before the 

 Hague Tribunal. 



But with this reservation and with, the approval of my Govern- 

 ment, I now have pleasure in accepting the offer that the herring fish- 

 ery during the ensuing season shall be conducted on the same prin- 

 ciples as in the season of 1907, and the formal undertaking against 

 interference with this by the Newfoundland Government, as a sub- 

 stantial agreement on my proposal of June 18th. 



We unite also with you in regarding this exchange of letters as con- 

 stituting in itself a satisfactory agreement for the season of 1908, 

 without the necessity for any further formal correspondence. 



I am glad to add that Mr. Alexander of the United States Fish 

 Commission, will be sent again this year to the treaty shore, and that 

 my Government feels sure that, through his influence, there will be 

 general willingness to carry out the spirit of the understanding, and 

 work on the lines of least resistance. 



I have the honor to be, with the highest consideration, Sir, your 

 most obedient humble servant, 



Whitelaw Reid. 



The right honorable Sir Edward Grey, Bart., etc., etc., etc 



