228 CASE OF THE UNITED STATES. 



' 'they have observed with much regret that the wide divergence of 

 view between the two Governments, which is disclosed by the corre- 

 spondence, makes it hopeless to expect an immediate settlement of the 

 various questions at issue." He expressed his willingness, however, 

 to enter into a temporary arrangement in the nature of a modus 

 Vivendi, w^ith respect to which he said in this note — 



Pending the further discussion of these questions, however, and 

 without prejudice to it. His Majesty's Government are prepared, in 

 accordance with the suggestion made in Mr. Root's letter, to confer 

 with the United States' Government, with a view to some arrange- 

 ment which will secure the peaceable and orderly conduct of the 

 forthcoming fishery, and they hope very shortly to be able to submit 

 proposals with this object. I may add that such an_ arrangement 

 would be merely in the nature of a modus vivendi, applicable only to 

 the ensuing season, and would not in any way affect any of the rights 

 and claims of either party.* 



In pursuance of Sir Edward Grey's statement above quoted, that 



His Majesty's Government hoped very shortly to be able to submit 



proposals for a modus vivendi, Sir Edward Grey again wrote to Mr. 



Reid on September 3, 1906, submitting such proposals, which were 



as follows: 



In my note of the 14th August I stated that His Majesty's Govern- 

 ment hoped shortly to be able to submit to the Government of the 

 United States proposals for a provisional Arrangement, wdiich w^ould 

 secure the peaceable and orderly conduct of the forthcoming herring 

 fishery on the coast of Newfoundland. I have now the honour, on 

 the understanding mentioned in my note, viz., that the Arrangement 

 would be in the nature of a modus vivendi to be applicable only to the 

 ensuing season, and not in any way to aff"ect the rights and claims of 

 either party to the Convention of 1818, to submit the following pro- 

 posals, viz. : — 



(1.) His Majesty's Government will not bring into force "The 

 Newfoundland Foreign Fishing Vessels Act, 1906," "^ which imposes 

 on United States' fishing-vessels certain restrictions in addition to 

 those imposed by the Act of 1905. 



(2.) The provisions of the first part of section 1 of the Act of 1905 

 as to boarding and bringing into port, and the whole of section 3 of 

 the same Act will not be regarded as applying to the United States' 

 fishing- vessels. 



(3.) The United States' Government will in return direct their 

 fishermen to comply with the Colonial Fishery Regulations, as was 

 in fact done last year, with the exception of certain breaches of the 

 prohibition of Sunday fishing. 



(4.) The demand for payment of light dues will be waived by His 

 Majesty's Government. 



a Appendix p. 987. ^ Appendix p. 199. 



