230 CASE OF THE UNITED STATES. 



following memorandum presented by the American Ambassador to 

 the Foreign Office under date of September 12, 1906: 



My Government hears with the greatest concern and regret that in 

 the opinion of His Majesty's Government there is so wide a divergence 

 of views with regard to the Newfoundland Fisheries that an immedi- 

 ate settlement is hopeless. 



But it is much gratified wath His Majesty's Government's desire to 

 reach a modus vwendi for this season, and appreciates the readiness to 

 waive the Foreign Fishing Vessels Act of 1906. This and other re- 

 strictive legislation had compelled our fishermen to use purse seines 

 or abandon their treaty rights. 



My Government sees in the ofi^er not to apply Section 3, Act of 1905 

 and that part of Section 1 relating to boarding fishing vessels and 

 bringing them into port fresh proof of a cordial disposition not to 

 press unduly this kind of regulation. 



Our fishermen will also gladly pay light dues, if not hindered in 

 their right to fish. They are not unwilling either, to comply with the 

 regulation to report at Custom Houses, when possible. It is some- 

 times physically impossible, however, to break through the ice for 

 that purpose. 



Most unfortunately the remaining proposals, those as to purse- 

 seining and Sunday fishing, present very grave difficulties. 



We appreciate perfectly the desire of His Majesty's Government to 

 prevent Sunday fishing. But if both this and purse-seine fishing are 

 taken away, as things stand there might be no opportunity for profita- 

 ble fishing left under our treaty rights. We are convinced that purse 

 seines are no more injurious to the common fishery than the gill nets 

 commonly used — are not in fact so destructive and do not tend to 

 change the migratory course of the herring as gill nets do, through 

 the death of a large percentage of the catch and consequent pollution 

 of the water. 



The small amount of purse-seining this season could not of course 

 materially affect the common fishery anyway. Besides many of our 

 fishermen have already sailed, with purse seines as usual, and the 

 others are already provided with them. This use of the purse seine 

 was not the free choice of our fishermen. They have been driven to 

 it by local regulations and the continued use of it at this late date this 

 year seems vital. 



But we will renounce Sunday fishing for this season if His Majesty's 

 Government will consent to the use of purse seines, and we cannot 

 too strongly urge an acceptance of this solution.'^ 



The views of the British Government in reply were presented in 

 a Foreign Office memorandum under date of September 25, 1906, as 

 follows : 



His Majesty's Government have considered, after consultation with 

 the Government of Newfoundland, the proposals put forward in the 

 Memorandum communicated by the United States Ambassador on the 



o Appendix, p. 46. 



