PERIOD FROM 1888 TO 1909. 227 



men when they go to exercise their Treaty rights upon the Newfound- 

 land coast during the approaching fishing season.** 



The following extract from a telegram sent by Lord Elgin, Secretary 

 of State for the Colonies, to the Governor of Newfoundland on 

 August 8, 1906, soon after the receipt of Mr. Root's reply to the 

 Foreign Office memorandum, is of interest in connection with the 

 questions discussed by Mr. Root: 



Copies went to you by last mail of communication from United 

 States' Government in which they contend that Convention of 1818 

 justifies no interference, reasonable or unreasonable, with exercise of 

 American rights of fishery, and request Plis Majesty's Government to 



f)revent any interference upon any ground by officers of Newfound- 

 and Government with American fishermen when they go to exercise 

 their Treaty rights upon the coast of Newfoundland during approach- 

 ing fisliing season. They disclaim desire that Newfoundland fish- 

 eries shall go unregulated, and express their readiness to join with 

 His Majesty's Government in agreeing upon all reasonable and suit- 

 able regulations for due control of fishermen of both countries in 

 exercise of their rights, but state that they cannot permit exercise of 

 these rights to be subject to will of Newfoundland. Pending such an 

 agreement, the furthest they are prepared to go is to accept such 

 limitations as were in existence at time Convention of 1818 was con- 

 cluded, and in support of tliis position appeal to Lord Salisbury's 

 note to United States' Minister of the 3rd April, 1880, in connection 

 with disturbances at Fortune Bay. Light dues were presumably not 

 levied in 1818, seines were apparently in use, the prohibition of 

 Sunday fishing had been abolished in 1776 (see 15 George III, cap. 

 31), and fishing-ships were exempted from entry at Custom-house, 

 and required only to make a report on first arrival and on clearing 

 (see same Act). United States' vessels could, on the basis of the 

 status quo in 1818, only be asked to make report at custom-house on 

 arrival and on clearing.^ 



The Modus Vivendi of 1906. 



In communicating Mr. Root's reply to Sir Edward Grey, the 

 American Ambassador stated in his note of July 20, 1906, that he was 

 instructed ' 'to ask for such action as shall prevent any interference 

 upon any ground by the officers of the Ne"«'foundland Government 

 with American fishermen, when the}' go to exercise their treaty rights 

 upon the Ne\^'foundland coast during the approaching fishing season." 

 In reply to the American Ambassador's note Sir Edward Grey ^\Tote 

 ^to liim on August 14, 1906, stating that Mr. Root's letter was receiv- 

 ing the careful consideration of His Majesty's Government and that 



o Appendix, p. 978. ft Appendix p. 986. 



