476 MISCELLANEOUS 



of date January 18, 1906, yet in the face of this His Majesty's Gov- 

 ernment subsequently receded from its position, and, ignoring the 

 representations of this government, granted this privilege to the 

 Americans by that special instrument known as the modus vivendi. 



As I have stated, out of deference to the desire of His Majesty's 

 Government the government of this colony refrained from enforcing 

 the laws, and American fishermen openly and defiantly and with im- 

 punity violated throughout the season of 1905 the customs, revenue, 

 and fishery laws of the colony. This government, having pointed out 

 to His Majesty's Government what they regarded as both lawful and 

 just, accepted the responsibility for the nonenforcement of the law 

 against American fishermen, content to bear the embarrassment and 

 censure that might attach thereto, in the hope and expectation that 

 during the twelve months that would ensue before another fishing 

 season came around diplomacy or a strict interpretation of American 

 rights under the Treaty of 1818 by His Majesty's Government would 

 lead to a recognition of the rights of this colony and of the validity 

 and sanctity of its laws. 



It is important to note at this point that ten months prior to the 

 date when His Majesty's Government intimated to the United 

 States Government its willingness to enter into a modus vivendi, 

 it was in possession of the views of this government in respect to 

 each privilege subsequently granted to the United States under that 

 instrument. 



. By reference to the copy of correspondence presented to the Im- 

 perial Parliament, and which has been laid upon the table of this 

 House, it will be observed that under date 18th of July last Sir 

 Mortimer Durand, the British ambassador at "Washington, for- 

 warded a despatch to the Foreign Office covering two enclosures, 

 being two newspaper clippings. These have a special significance. 

 Enclosure 1 is a letter from Congressman Gardner, representative 

 of the fishery interests of Gloucester, Massachusetts, to the Glou- 

 cester Board of Trade, dated July 7th, 1906, and published in the 

 Boston Herald, of July 9th, in which he declared that he had re- 

 ceived a letter from the Secretary of State of the United States, and 

 that the " State Department held that local regulations (Newfound- 

 land law) prohibiting purse seining is unreasonable as against Amer- 

 ican fishermen," and that if said fishermen undertook to exercise 

 their rights in that way the State Department would do everything 

 in its power to help them. It also dealt with the shipping of local 

 fishermen. Enclosure 2 is an extract from the Boston Traveler, of 

 July 9th, in which it was declared that "seining is in direct viola- 

 tion of the local law of Newfoundland, yet Secretary Root in his 

 report is expected to say that not only have American vessels the 

 right to seine along the treaty coast, but they will be protected in 

 these rights. This winter the State Department will be represented 

 in Newfoundland waters, but it will not be on the deck of a sailing 

 vessel but a Government vessel of some kind, to see that the rights 

 of American citizens are well looked after." 



It does not appear from the published correspondence that these 

 threats formed trie subject of either enquiry or remonstrance, but 

 it does appear that the United States Government pressed upon His 

 Majesty's Government the demand for the right to use purse seines, 

 and received the sanction of His Majesty's Government; and that the 



