PEEIOD FKOM 1888 TO 1909. 231 



12th instant, respecting the suggested "modus vivendi" in regard to 

 the Newfoundhmd Fishery question. 



They are ghxd to be able to state that they accept the arrangement 

 set out in the above Memorandum and consent accordingly to the use 

 of purse seines by United States fishermen during the ensuing season, 

 subject, of course, to due regard being paid, in the use of such imple- 

 ments, to other modes of fishery. 



His Majesty's Government trust that the United States Govern- 

 ment will raise no objection to such a stipulation, which is only in- 

 tended to secure that there shall be the same spirit of give and take 

 and of respect of common rights between the users of purse seines 

 and the users of stationary nets as would be expected to exist if both 

 sets of fishermen employed the same gear. 



The}' further hope that, in view of this temporary authorization of 

 the purse seines, the United States Government will see their way 

 to arranging that the practice of engaging Newfoundland fishermen 

 just outside the three mile limit which to some extent prevailed last 

 year should not be resorted to this year. 



An arrangement to this effect would save both His Majesty's 

 Government and the Newfoundland Government from embarrassment 

 which it is conceived, having regard to the circumstances in which 

 the "modus vivendi" is being settled, the United States Government 

 would not willingly impose upon them. Moreover it is not in itself 

 um-easonable, seeing that the unwillingness of the United States 

 Government to forego the use of purse seines appears to be largely 

 based upon the inability of their fishermen to engage local men to 

 work the form of net recognized by the Colonial fishery regulations. 



The United States Government assured His Majesty's late Govern- 

 ment in November last that they would not countenance a specified 

 evasion of the Newfoundland Foreign Fishing Vessels Act 1905, and 

 the proposed arrangement would appear to be in accordance wath the 

 spirit which prompted that assurance.'* 



The agreement thus indicated by the concurrence of views 

 exchanged in these negotiations was given effect by an exchange of 

 diplomatic notes between the American Ambassador and the 

 British Foreign Office, setting forth the terms of the agreement. 

 The note from the American Ambassador under date of October 6, 

 1906, was as follows: 



I am authorized by my Government to ratify a modus vivendi 

 in regard to the Newfoundland Fishery Question on the basis of the 

 Foreign Office Memorandum, dated the 25th of September, 1906, in 

 which you accept the arrangement set out in my Memorandum of the 

 12th of wSeptember and consent accordingly to the use of purse seines 

 by American fishermen during the ensuing season, subject of course to 

 due regard being paid in the use of such implements to other modes of 

 fishery, which, as you state, is only intended to secure that there shall 

 be the same spirit of give and take and of respect for common rights 



o Appendix, p. 47. 

 92909°— S. Doc. 870, 61-3, vol 1 23 



