838 APPENDIX TO BRITISH CASE. 



of the use of seines. His Majesty's Government therefore hope that 

 the United States' Government will recognize that His Majesty's 

 Government are, apart from any question of right, acting in the 

 interests of the continuation of the common fishery in proposing as 

 a part of the provisional Arrangement compliance with the three 

 restrictions mentioned. 



The fourth restriction, viz., the prohibition of Sunday fishing, is 

 of general application throughout the Colony, and is also in force in 

 Canada. Having regard to the duration of the fishing season and 

 to other circumstances, His Majesty's Government do not feel that 

 compliance with this prohibition involves any material inconvenience 

 to United States' fishermen. On the other hand, in view of the 

 strong feeling against Sunday fishing which prevails in the Colony, 

 the disregara oiit is fraught with possibilities of serious disorder. 

 It is therefore hoped that the United States' Government will assist 

 His Majesty's Government in the maintenance of peaceable relations 

 between the two sets of fishermen by not countenancing any breach 

 of the prohibition during the ensuing season. 



3. As regards head (5), as explained in the Memorandum com- 

 municated to your Excellency on the 2nd February, a call at a 

 customs-house, whether on entering or on leaving the waters of the 

 Colony, need involve no interference with a vessel's fishing opera- 

 tions, and is in itself a requirement which may be reasonably made 

 in the interests not only of the colonial revenue but of the United 

 States' fishermen. 



4. I trust that you will be able to inform me at an early date that 

 the Arrangement outlined above is agreed to by your Government. 



I have, &c. 



(Signed) EDWARD GREY. 



504 No. 250. 1906, September 12: Memorandum communicated 

 by Mr. Whitelaw Reid to His Majesty^s Government. 



My Government hears with the greatest concern and regret that in 

 the opinion of His Majesty's Government there is so wide a diver- 

 gence of views with regard to the Newfoundland Fisheries that an 

 immediate settlement is hopeless. 



But it is much gratified with His Majesty's Government's desire 

 to reach a modus vivendi for this season, and appreciates the readi- 

 ness to waive the Foreign Fishing Vessels Act of 1906. This and 

 other restrictive legislation had compelled our fishermen to use purse 

 seines or abandon their Treaty rights. 



My Government sees in the offer not to apply Section 3, Act of 

 1905, and that part of Section 1 relating to boarding fishing-vessels 

 and bring them into port fresh proof of a cordial disposition not to 

 press unduly this kind of regulation. 



Our fishermen will also gladly pay light dues, if not hindered in 

 their right to fish. They are not unwilling either to comply with 

 the regulation to report at Custom-houses when possible. It is some- 

 times physically impossible, however, to break through the ice for 

 that purpose. 



Most unfortunately the remaining proposals, those as to purse- 

 seining and Sunday fishing, present very grave difficulties. 



