PERIOD FROM 1871 TO 1888. 205 



but such provisions or supplies shall not he obtained by barter, nor 

 purchased for re-sale or traffic. 



Provision was also made regulating the penalties to be imposed 

 and the procedure to be taken in case of the violation of the pro- 

 visions agreed upon. 



The proposed treaty also contemplated reciprocal trade arrange- 

 ments for which provision was made. 



The text of this unratified treaty will be found printed in full in 

 the Appendix.'* 



Modus Vivendi of 1888. 



At the close of the negotiations for the unratified treaty of 1888, 

 the British plenipotentiaries offered to make "a temporary arrange- 

 ment for a period not exceeding two years in order to afford a modus 

 Vivendi pending the ratification of the treaty." 



The modus vivendi thus proposed was established by the protocol 

 of February 15, 1888, of those negotiations and was in terms as 

 follows : 



1. For a period not exceeding two years from the present date, the 

 privilege of entering the bays and harbors of the Atlantic coasts of 

 Canada and Newfoundland shall be granted to United States fishing 

 vessels by annual Licenses at a fee of $H per ton — for the following 

 purposes: 



The purchase of bait, ice, seines, lines and all other supplies and 

 outfits. 



Transshipment of catch and shipping of crews. 



2. If during the continuance of this arrangement, the United 

 States should remove the duties on fish, fish oil, whale and seal oil 

 (and their coverings, packages, &c.), the said Licenses shall be issued 

 free of charge. 



3. United States fishing vessels entering the bays and harbors of 

 the Atlantic coasts of Canada or of Newfoundland for any of the 

 four puiposes mentioned in Article I. of the Convention of October 

 20, 1818, and not remaining therein more than twenty-four hours, 

 shall not be required to enter or clear at the custom house, providing 

 that they do not communicate with the shore. 



4. Forfeiture to be exacted only for the offences of fishing or pre- 

 paring to fish in territorial waters. 



5. This arrangement to take effect as soon as the necessary measures 

 can be completed by the Colonial Authorities.'' 



« Appendix, p. 39. 6 Appendix, p. 44. 



