BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 347 



their rights and obligations are under the new arrangement. Her- 

 rings have already " struck in " in the Bay of Islands, but your peti- 

 tioners are forced to leave their nets on shore and their boats moored 

 and, in consequence, distress and privation in their homes must ensue. 

 Subjects of the United States of America are in the Bay of Islands 

 prepared to carry on the herring industry in conjunction with your 

 petitioners as it has been conducted for years (with the exception of 

 the season of 1905) which has in the past resulted in mutual profit 

 and advantage to both. 



6. The legislation passed by the Parliament of this country in 1005 

 makes it an offence to enter into contracts and engagements of any 

 kind with subjects of the United States for the prosecution of the 

 herring fishery or the sale of herrings to them. Under the new 

 arrangement entered into, according to despatches which have ap- 

 peared in the public press, the legislation enacted has been suspended 

 and amendments respecting the rights and duties of His Majesty's 

 subjects and the subjects of the Republic of the United States, have 

 been made. 



7. Your petitioners would most respectfully submit that the full 

 text of the Treaty ought to be made public 



(a) In the interest of law and order, and 



(b) To enable your petitioners to learn what their rights and 

 obligations are under the existing Modus Vivendi, and thus prevent 

 them from unknowingly transgressing the law. 



Your petitioners therefore pray that Your Excellency may be 

 pleased to order that the Modus Vivendi recently entered into between 

 the Government of Great Britain and the Republic of the United 

 States of America respecting the prosecution of the herring fishery 

 in the Bay of Islands by the subjects of the Republic of the United 

 States and the subjects of His Majesty, may be published in the local 

 newspapers of the Colony ; 



And, as in duty bound, will ever pray. 



Dated this 20th day of October, A. D. 1906. 



J. HAYSE 

 (and 88 others). 



[Telegram.] 



Governor MacGregor to Lord Elgin. 



(Received 10.25 p. m., October 26, 1906.) 



I am requested by Ministers' minute transmit the following mes- 

 sage: 



" With reference to your telegram of 23rd instant, my responsible 

 advisers desire to say that in the opinion which they have expressed 

 respecting the subversion of constitutional rights and over-riding of 

 colonial statutes they are supported by the opinion of the Minister 

 of Justice and of learned counsel of high standing in England, and 

 they propose, in accordance with the advice of said counsel, to test 

 the question as to whether the modus vivendi can over-ride existing 

 legislation of the Colony by taking legal proceedings against colonial 

 fishermen who have engaged themselves and proceeded in violation of 

 the law to prosecute the herring fishery." 



