352 MISCELLANEOUS 



land lobster fishery, was not issued till the 23rd of June, 1891, and 

 contained a declaration that it was so promulgated under powers 

 vested in Her Majesty by an Act passed by the Legislature of that 

 Colony, he would explain why his Majesty's Government have not 

 followed a similar course in the case of the modus vivendi with the 

 United States Government respecting the Newfoundland fisheries. 



Mr. Churchill, in reply, said : " The Honourable Member appears to 

 assume that effect was not given to the modus vivendi concluded with 

 France in 1890 until June, 1891. The modus vivendi was made only 

 for the season of 1890, and expired at the end of that season. Her 

 late Majesty was bound by it from the date of its conclusion and gave 

 effect to it throughout the season of 1890. Lord Salisbury, however, 

 renewed it for another year in March, 1891. The Colonial Act under 

 which the Order in Council referred to was issued was not passed until 

 it had been made clear to the Colony that in the absence of Colonial 

 legislation an Imperial Act would be passed. Lord Salisbury's Gov- 

 ernment actually introduced a Bill into Parliament, and it was only 

 withdrawn when the Colony undertook to legislate. The modus vi- 

 vendi was renewed by Lord Salisbury before that undertaking was 

 given. The modus vivendi which has been concluded with the 

 United States Government applies only to the present winter herring 

 fishery, which will end about Christmas; the Colonial Legislature 

 will not meet again until after it is over. Without at this moment 

 entering upon legal considerations, I would point out that there 

 would have been no object in concluding the modus vivendi at all 

 if effect was not to be given to it until after the end of the fishery to 

 which it was to apply." 



HOUSE OF COMMONS, November 7, 1906. 



Mr. Ashley asked the Under- Secretary of State for the Colonies, 

 whether the provisional consent of the Newfoundland Government 

 was obtained in 1890 to the modus vivendi with France respecting the 

 Newfoundland lobster fishery, previous to the Act passed by the 

 Colonial Legislature in May, 1891. 



Mr. Churchill, in reply, said : " The Act of 1891 did not refer to the 

 modus vivendi of 1890, but to that of 1891, and I have already indi- 

 cated, in reply to the Honourable Member's question of the 5th 

 instant, that effect was given by Her late Majesty's Government to the 

 modus vivendi of the former year in the absence of any consent on the 

 part of the Newfound land Government." 



Lord Elf/in to Governor MacGregor. 



[Telegram.] 



(Sent 7.5 p. m., November 9, 1906.) 



Your telegram, 3rd November. As your Ministers are well aware, 

 the Modus Vivendi was arranged with a view to the prevention of 

 action which would embitter the discussion proceeding between His 

 Majesty's Government and the Government of the United States as 



