ARGUMENT OP SAMUEL J. ELDEB. 1499 



AFTERNOON SESSION, THURSDAY, JULY 21, 1910, 2 p. M. 



THE PRESIDENT: Will you please continue, Mr. Elder. 



MR. ELDER: I asked permission to cite after the adjournment, other 

 references to Captain Alexander's service on the treaty coast, and 

 with the consent of the Tribunal will give them. I do not think it 

 will be necessary to turn to the pages, because the quotations can be 

 readily verified: United States Case Appendix, p. 1013, 1st Septem- 

 ber, 1907, Governor McGregor to Lord Elgin: 



" My Ministers deeply regret that their proposal, which was made 

 as an honourable compromise, has not been accepted. They do not 

 understand how the proposal can be said to be too late, as the fishery 

 does not begin for four or five weeks from now, and the vessels Can- 

 not have started yet. They fear that Mr. Alexander may advise the 

 American fishermen that they may with impunity violate the statute 

 laws of this Colony." 



906 I next read from United States Case, Appendix, p. 1015, 



where, under the date of 3rd September, 1907, in a telegram 



from Lord Elgin to Governor MacGregor, this language is found : 



" With all deference to your Ministers we cannot see why they 

 should so strongly object to presence of responsible American official 

 during fishery; he will be useful in preventing improper action by 

 American fishermen, and he will be able to sift any alleged grievance 

 of American fishermen before it is brought to notice of United States 

 Government." 



And then the one to which I called attention before adjournment, 

 of 23rd July, 1908. in which Mr. Eeid says he is glad to say that Mr. 

 Alexander will go on the coast again. 



THE PRESIDENT: If you please, Sir, what was the exact mission of 

 Mr. Alexander? 



MR. ELDER : He was the representative, or at least a member of the 

 staff, of the United States Fisheries Commission, but went down, 

 under the direction of the State Department, to be present with the 

 American fishermen, particularly at the Bay of Islands, where the 

 possibility of collision was greatest, and to see to it that the terms of 

 the modus, as it had been agreed upon between the two Governments, 

 were observed faithfully by the United States fishermen for in- 

 stance, the matter of Sunday fishing and the matter of night fishing, 

 and a great variety of things. In addition to that, he was to exer- 

 cise a sort of intermediary relation or position between the United 

 States fishermen and the Newfoundland officials and the natives at 

 the Bay of Islands; and it was largely through him that it was 

 brought about that purse-seining by American vessels, which was per- 

 mitted by the modus, but to which the inhabitants strongly objected, 

 was given up by the Americans, so that no collision occurred between 

 the two. 



