PERIOD FROM 1888 TO 1909. 233 



modits Vivendi, had enlisted outside of the three mile limit had been 

 summoned by the Newfoundland authorities to appear in court on the 

 charge that such enhstment was a violation of the local laws. It 

 was known to the United States Government that the Newfoundland 

 Government had questioned the legahty of some of the provisions 

 of the modus vivendi and the authority of the British Government to 

 enter into it, and it was supposed by the United States Government 

 that the action of the Newfoundland Government was taken for the 

 purpose of making a test case on that question between the New- 

 foundland and the British Governments. 



On this supposition the Secretary of State instructed the American 

 Ambassador at London to bring informally and unofficially to the 

 attention of the British Goverjiment the views of the United States 

 in regard to this occurrence, which was done at an interview between 

 the American Ambassador and Sir Edward Grey held on November 

 14, 1906, when the following points of fact were presented by the 

 American Ambassador: 



United States Fishery Agent in Newfoundland reported that on 

 12th November Colonial authorities summoned crew to appear at 

 Court, Birchy Cove, for enhsting outside three-mile limit. Captain 

 was inchned to ignore summons. 



In answer to Agent's request for instructions. State Department 

 said that penal proceedings under such circumstances agamst men 

 shipped outside three-mile limit appeared plain violation of modus 

 vivendi, but Department could not believe Newfoundland Government 

 intended wholesale punishment of their own fishermen for seeking 

 means of livehhood with clear permission from British Government. 

 Department supposed whole puipose was to make a test case, and 

 instructed Agent to ascertain. If so, to avoid conffict or disturbance, 

 was wiUing, without waiving rights, to facihtate raising and disposi- 

 tion of the question, in an orderly way, for which appearance of one 

 or two men m Court would be sufficient. If, on contrar}-, wholesale 

 arrests were intended, effect would be either to break up or seriously 

 interfere with fishing under the modus vivendi, and the Department 

 should be promptly informed. 



Department explains desire to avoid any conflict that might excite 

 Colonial feeling or cause embarrassment in dealing with Colony. But 

 if Newfoundland Government really trying to break up fishing under 

 modus vivendi, United States could not permit men to be taken from 

 its ships. No doubt of Great Britain's full intention to enforce 

 respect for its agreement, but prompt action seemed necessary. '^ 



As the understanding of the United States Government, thus set 

 forth, in regard to the purpose of the Newfoimdland Government in 



o Appendix p. 1002. 



