848 APPENDIX TO BRITISH CASE. 



pending the decision, as the best way of reaching a settlement, We 

 hope also that the reference of such a long-standing question be- 

 tween two such nations at such a time to the Hague Tribunal might 

 prove an important step in promoting the spread of this peaceful 

 and friendly method of adjusting differences among all civilized 

 countries of the world. 



If this proposition should be agreeable to you we should trust 

 that the conclusion might be reached in so short a period that the 

 continuation in force meantime of the modus vivendi I had the honour 

 of arranging with you last year could work no real hardship to any 

 British or Colonial interests. In its practical operation last year 

 it resulted in voluntary arrangements by which our fishermen gave 

 up purse seines. They did, however, employ Newfoundland fisher- 

 men. We do not think the continued employment of men so eager 

 for the work, and the consequent influx of their wages into the Col- 

 ony could, for the short time involved, work the Colony any harm. 

 But if for any reason you should find it unsuitable or inconvenient 

 to renew for so short a time this feature of the modus vivendi, we 

 should be compelled to insist on the use of purse seines for the reason 

 already stated. To give that up too we should consider under exist- 

 ing circumstances as giving up altogether our Treaty rights of fish- 

 ing on that coast. 



Hoping that in these proposals we have made an offer not only 

 indicating our earnest desire to reach a mutually satisfactory ar- 

 rangement, but an honourable and agreeable means of doing so, 

 I have, &c., 



WHITELAW REID. 



Sir EDWARD GREY, Bart., 



(&C., (&C., (&G. 



510 No. 260. 1907, September 7: Telegram from Lord Elgin 

 (British Colonial Secretary) to the Governor of New found- 

 land. 



(Sent 3.20 p. m.. September 7, 1907.) 



[Telegram.] 



Referring to my telegram of yesterday's date, following modus 

 vivendi as embodied in note from United States Ambassador has been 

 ^concluded : 



1. It is understood that His Majesty's Government will not bring 

 into force the Newfoundland Foreign Fishing Vessels Act of 1906, 

 which imposes on American fishing vessels certain restrictions in 

 addition to those imposed by the Act of 1905, and also that the pro- 

 visions of the first part of Section 1 of the Act of 1905, as to boarding 

 and bringing into port, and also the whole of Section 3 of the same 

 Act, will not be regarded as applying to American fishing vessels. 



2. In consideration of the fact that the shipment of Newfound- 

 landers by American fishermen outside the three mile limit is not to 

 be made the basis of interference nor to be penalised, my Government 

 waives the use of purse seins by American fishermen during the term 



