BRITISH, COLONIAL, AND OTHER CORRESPONDENCE, ETC. 489 



have very seriously injured that fishery and their use upon the Cana- 

 dian coast has been prohibited by the Dominion Parliament for years, 

 owing to their injurious effect upon the fisheries. 



On the 29th of September, the Secretary of State intimated to his 

 excellency the governor that His Majesty's Government were much 

 disappointed by this reply, and felt that there was no alternative to 

 the course indicated in his telegram of the 19th instant, and that the 

 United States ambassador was informed accordingly on the 25th 

 September " that His Majesty's Government consent to the use of 

 purse seines, and at the same time express the hope that recruiting 

 just outside territorial waters would not be resorted to this year." 



On the same date a cablegram was forwarded from this government 

 to the Secretary of State, informing him that an American schooner 

 had arrived at Bay of Islands equipped with purse seines and had de- 

 clined to pay light dues, and requesting that this government might 

 be informed promptly as to the exact position of affairs, and whether 

 they were free to enforce the customs and fishery laws of this colony 

 against American fishermen. To this the reply was received, under 

 date 1st October, that " an answer would be given as soon as possible." 



On the 4th October a cablegram was forwarded to the Secretary of 

 State by his excellency the governor advising him that this govern- 

 ment were anxiously awaiting a reply to their communication of the 

 29th ultimo, and in which they strongly deprecated any arrangement 

 consenting to the use of purse seines by American fisheries and the 

 engagement of Newfoundland fishermen to work for Americans in 

 the conduct of the fisheries of the colony, and they concluded by pray- 

 ing that His Majesty's Government would permit the proclaiming of 

 sections 6 and 7 of the Foreign Fishing Vessels Act of 1906. On the 

 6th of October the Secretary of State cabled that His Majesty's Gov- 

 ernment had concluded a modus mvendi with the United States Gov- 

 ernment, and that its terms were embodied in a note from the United 

 States ambassador as follows: 



(" Mr. Whitelaw Reid to Sir Edward Grey.} 



" LONDON, October 6, 1906. 



" SIR : I am authorized by my Government to ratify a modus 

 vivendi in regard to the Newfoundland fishery question on the basis 

 of the Foreign Office memorandum, dated the 25th ultimo, in which 

 you accept the arrangement set out in my memorandum of the 12th 

 ultimo, and consent accordingly to the use of purse seines by Ameri- 

 can fishermen during the ensuing season, subject of course to due 

 regard being paid in the use of such implements to other modes of 

 fishery, which, as you state, 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. 



" My Government understand by this that the use of purse seines 

 by American fishermen is not to be interfered with, and the shipment 

 of Newfoundlanders by American fishermen outside the 3-mile limit 

 is not to be made the basis of interference or to be penalized ; at the 

 same time they are glad to assure His Majesty's Government, should 



