2138 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



taking to make an agreement which Newfoundland considered to 

 be overriding her constitutional rights, and it was only because it 

 was a necessity to the prosecution of the idea of having an arbitra- 

 tion that the modus was made. It was only because of such a ne- 

 cessity that Great Britain was able to stand up and insist upon it 

 against the violent protests of Newfoundland. 



I want to impress upon your minds what Governor MacGregor 

 said about the way in which they got along under those moduses. 

 The Governor made a report to Lord Elgin, to be found on .pp. 360 

 and 361 of the American Counter-Case Appendix. He says : 



" I have had personal interview with Inspector O'Reilly who has 

 arrived from Bay of Islands at St. John's, Newfoundland." 



This is a report on the working of the modus of 1906, and is dated 

 the 22nd November, 1906. 



" No ill-feeling towards American ships on the part of Newfound- 

 land fishermen, and no interference with American ships. 



"About forty American ships, about twenty Canadian ships, 

 about fourteen Newfoundland vessels, Bay of Islands; three vessels 

 loaded, sailed for Gloucester." 



And so on. 



"Alexander has been on friendly terms with Newfoundland offi- 

 cers; American ships consult with Alexander on all points raised, 

 and are guided by his careful advice; Alexander understands posi- 

 tion, and endeavors to prevent trouble. 



" Neither master nor owner American ships offered any opposition 

 to legal proceedings against Dubois and Crane, but rather facilitated 

 matters advised by Alexander. 



" Legal proceedings produced no result. There is no excitement ; 

 fishermen are at work as if nothing had happened. 



" All American ships have entered Customs House and Light Dues 

 have been paid without any trouble. 



"American ships have observed in good faith the conditions laid 

 down in modus vivendi. 



" No trouble expected if matters remain the same as at the present 

 time, but enforcement of Bait Act in general might produce dis- 

 turbance." 



You can get on all right under an arrangement with Great Britain 

 and the fishermen can get on all right together, but for this disturb- 

 ing influence for which I cannot blame Newfoundland, because it is 



o 



quite inevitable. At p. 366 he makes another report, dated the 29th 

 December, 1906. He says: 



" Relations of fishermen on friendly terms. 



" There was considerable cutting of fishing nets and gear, prin- 

 cipally American ships, against each other, but Newfoundland fisher- 

 men have suffered from this. 



" Potomac did good service Newfoundland fishermen during the 

 ice blockade about the middle of this month in releasing fishing nets 



