1468 NOETH ATLANTIC COAST FISHERIES ARBITRATION. 



MR. ELDER : No, Sir ; I think you are asking me a question that is 

 outside of the record. I think I can convince Sir Charles that it is a 

 fact ; but, as I say, it is outside of the record, so far as I know. 



The modus of 190G I have already given the date of, the 6th and 8th 

 October. Some of the discussion which occurred at that time, par- 

 ticularly in the " Montreal Star," is cited in the United States 

 Counter-Case Appendix, p. 344, under date of the 10th October. On 

 the 20th October the fishermen, to a very large number (United States 

 Counter-Case Appendix, p. 347), asked for a publication of this 

 modus. It had not been published, and they did not know what their 

 rights were. No steps had been taken to give them the information 

 which they desired. It is a petition signed by Mr. J. Hayse and 

 eighty-eight others, concerning whom Governor MacGregor says, on 

 the previous page, p. 346 : 



" I am not able to speak as to the position and character of those 

 that signed the petition, but I have no reason to doubt that they are, 

 as represented to be, fishermen and residents of Bay of Islands." 



On p. 346, they say: 



" Your petitioners have got to depend solely upon the subjects of 

 the Republic of the United States for the sale of the herrings caught 

 by them. 



" Your petitioners have learned from despatches which have ap- 

 peared in the public press that a Modus Vivendi respecting the prose- 

 cution of the herring industry at Bay of Islands by subjects of the 

 Republic of the United States and His Majesty's subjects in this 

 Colony, has been entered into between the Imperial Government and 

 Government of the Republic of the United States. Conflicting re- 

 ports have appeared and are appearing in the public press in relation 

 to the terms and conditions of the Treaty, and, in consequence, your 

 petitioners are in doubt as to their rights and obligations under the 

 said Modus Vivendi. 



" In consequence of the non-publication of the full text of the 

 Modus Vivendi in the local press, your petitioners do not know 

 what their rights and obligations are under the new arrangement. 

 Herrings have already ' struck in ' in the Bay of Islands, but 

 887 your petitioners 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." 



In the meantime, the Ministry of Newfoundland was making com- 

 plaint to the British Government with regard to this modus vivendi, 

 which perhaps may account for the fact that, at the bottom of p. 

 347 of the Appendix to the United States Counter-Case, Governor 

 MacGregor stated to Lord Elgin: 



" I am requested by Ministers' minute transmit the following 

 message : 



