840 APPENDIX TO BRITISH CASE. 



They are glad to be able to state that they accept the arrangement 



set out in the above Memorandum, and consent accordingly to 



505 the use of purse-seines by United States' fishermen during the 



ensuing season, subject, of course, to due regard being paid, 



in the use of such implements, to other modes of fishery. 



His Majesty's Government trust that the United States' Govern- 

 ment will raise no objection to such a stipulation, which is only 

 intended to secure that there shall be the same spirit of give and take 

 and of respect for common rights between the users of purse-seines 

 and the users of stationary nets, as would be expected to exist if both 

 sets of fishermen employed the same gear. 



They further hope that, in view of this temporary authorization of 

 the purse-seine, the United States Government will see their way to 

 arranging that the practice of engaging Newfoundland fishermen just 

 outside the 3-mile limit, which to some extent prevailed last year, 

 should not be resorted to this year. 



An arrangement to this effect would save both His Majesty's Gov- 

 ernment and the Newfoundland Government from embarrassment, 

 which it is conceived, having regard to the circumstances in which the 

 modus vivendi is being settled, the United States' Government would 

 not willingly impose upon them. Moreover, it is not in itself unrea- 

 sonable, seeing that the unwillingness of the United States' Govern- 

 ment to forego the use of purse-seines appears to be largely based 

 upon the inability of their fishermen to engage local men to work the 

 form of net recognized by the Colonial fishery regulations. 



The United States' Government assured His Majesty's late Gov- 

 ernment in November last that they would not countenance a specified 

 evasion of "The Newfoundland Foreign Fishing- vessels Act, 1905," 

 and the proposed arrangement would appear to be in accordance with 

 the spirit which prompted that assurance. 



FOREIGN OFFICE, September 25, 1906. 



No. 253. 1906, September %6: Letter from Sir Edward Grey to Sir 



M. Durand. 



FOREIGN OFFICE, September 26, 1906. 



SIR, Your Excellency is already aware that I had communicated 

 to the American Ambassador a Memorandum containing the views of 

 His Majesty's Government on the proposed modus vivendi on the 

 subject of the Newfoundland fisheries. 



On receipt of this communication, of which a copy was inclosed in 

 my despatch of the 14th September, Mr. Whitelaw Reid called yes- 

 terday and said he had every reason to hope that the terms therein 

 proposed would be accepted by his Government. He was not, how- 

 ever, quite sure as to what was meant by interference of purse-seines 

 with other modes of fishing. 



As to that part of the Memorandum dealing with the enlistment of 

 Newfoundlanders outside the 3-mile limit, he expressed his personal 

 conviction that his Government would do all that lay in their power 

 to prevent the exasperation and irritation which is naturally caused 

 by such proceedings just outside the limit ; but he wished to throw out 



