PEKIOD FBOM 1888 TO 1909. 239 



suggested some form of arbitration, with a temporary modus vivendi 

 pending the decision, as the best way of reacliing a settlement. We 

 hope also that the reference of such a long-standing question between 

 two such nations at such a time to the Hague Tribunal might prove 

 an important step in promoting the spread of this peaceful and 

 friendly method of adjusting differences among all civiHsed countries 

 of the world. 



If tliis proposition should be agreeable to you we should trust that 

 the conclusion might be reached in so short a period that the con- 

 tinuation in force meantime of the modus vivendi I had the honour 

 of arranging with you last j^ear could work no real hardsliip to any 

 British or Colonial interests. In its practical operation last j^ear it 

 resulted in voluntary arrangements by which oiu" fishermen gave up 

 purse seines. They did, however, employ Newfoundland fishermen. 

 We do not tliink the continued employment of men so eager for the 

 work, and the consequent influx of their wages into the Colony 

 could, for the short time involved, work the Colony an}'' harm. But 

 if for any reason 3-ou should find it unsuitable or inconvenient to 

 renew for so short a time this featiu-e of the modus vivendi, we should 

 be compelled to insist on the use of purse seines for the reason already 

 stated. To give that up too we should consider under existing cir- 

 cumstances as giving up altogether oiu* Treaty rights of fishing on 

 that coast. 



Hoping that in these proposals we have made an offer not only 

 indicating oiu" earnest desire to reach a mutually satisfactory arrange- 

 ment, but an honourable and agreeable means of doing so, etc." 



The modus vivendi agreed upon in 1907 differs slightly from that 

 of the preceding year, as will be found from an examination of the 

 notes exchanged between the American Ambassador and the British 

 Foreign Office, setting forth the terms of such agreement. The 

 note from the American Ambassador to the Foreign Office, under 

 date of September 4, 1907, was as foUows: 



I am authorized by my Government to ratif}' a Modus Vivendi in 

 regard to the Newfoundland fishery question, as follows: 



It is agreed that the fisheries shall be carried on during the present 

 year substantially as they were actually carried on for the most of 

 the time by mutual agreement, under the Modus Vivendi of 1906. 



(1) It is understood that His Majesty's Government wiU not l)ring 

 into force the Newfoundland foreign fishing vessels act of 1906, 

 which imposes on American fishing vessels certain restrictions in 

 addition to those imposed by the act of 1905, and also that the pro- 

 visions of the first part of Section One of the act of 1905, as to board- 

 ing and bringing into port, and also the whole of Section three of the 

 same act, will not be regarded as applying to American fishing vessels. 



(2) In consideration of the fact that the shipment of Newfound- 

 landers by American fishermen outside the three-mile hnut is not to 

 be made the basis of interference or to be penalized, my Government 



o Appendix p. 1007. 



