490 MISCELLANEOUS 



such shipments be found necessary, that they will be made far enough 

 from the exact 3-mile limit to avoid any reasonable doubt. 



" On the other hand, it is also understood that our fishermen are 

 to be advised by my Government, and to agree not to fish on Sunday. 



" It is further understood that His Majesty's Government will not 

 bring into force the Newfoundland Foreign Fishing Vessels Act of 

 1906, which imposes upon American fishing vessels certain restrictions 

 in addition to those imposed by the act of 1905, and also that the 

 provisions of the first part of section 1 of the act of 1905, as to board- 

 ing 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. 



" It also being understood that our fishermen will gladly pay light 

 dues if they are not deprived of their rights to fish, and that our 

 fishermen are not unwilling to comply with the provisions of the 

 colonial customs law as to reporting at a custom-house when phys- 

 ically possible to do so. 



" I need not add that my Government are most anxious that the 

 provisions of the modus vivendi should be made effective at the ear- 

 liest possible moment. I am glad to be assured by you that this note 

 will be considered as sufficient ratification of the modus vivendi on 

 the part of my Government. 



" I have, etc., (Signed) " WHITELAW REID." 



On the llth this government transmitted a despatch to the Secre- 

 tary of State by cable in which they desired to record their regret that 

 His Majesty's Government had seen fit to ignore their representations 

 and entreaties, and to conclude an arrangement which, they sub- 

 mitted, was subversive of the constitutional rights of the colony and 

 calculated to work severe injury to the fisheries of the colony. They 

 intimated that the} T had to regard with alarm the consent of His 

 Majesty's Government to an arrangement which was apparently in- 

 tended to override statutes that had received the royal assent, and 

 they expressed the hope that the arrangement was not beyond recon- 

 sideration by His Majesty's Government and that by annulling the 

 same the colony might be saved from the humiliation and danger that 

 threatened. 



I desire it to be understood that when it was said that His Majesty's 

 Government had ignored the representations and entreaties of this 



)vernment, we were not unmindful of the fact that His Majesty's 

 overnment had given the legal and constitutional position set up by 

 this government their careful attention, for it was with no small de- 

 gree of gratification that they observed in the reply of His Majesty's 

 Government to the note of the Secretary of State ot the United States 

 of date 19th of October, 1905, on the subject of the rights of fishery, 

 that nearly every such position advanced by this government had been 

 concurred in by His Majesty's Government and contended for as both 

 right and reasonable and in no way inconsistent with the terms of 

 the Treaty of 1818. 



The representations and entreaties which were alleged in the Min- 

 ute of Committee of Council of the 12th October last as having been 

 ignored were: 



(a] That no modus vivendi was necessary in order to obviate the 

 difficulties and dangers which His Majesty's Government considered 

 were to be apprehended in the course of the autumn fishery. This 

 opinion was based upon a complete knowledge of local conditions 



