240 CASE OF THE UNITED STATES. 



waives the use of purse seines by American fishermen during the 

 term governed by this agreement, and also waives the right to fish 

 on Sundays. 



(3) It is understood that American fishing vessels will make their 

 shipment of Newfoundlanders, as fishermen, sufficiently far from the 

 exact three-mile liniit to avoid reasonable doubt. 



(4) It is further understood that American fishermen will pay 

 light dues when not deprived of their rights to fish, and will com- 

 ply with the provisions of the colonial customs law as to reporting 

 at a custom house when physically possible to do so. 



I need not add that my Government is most anxious that the pro- 

 visions of this Modus Vivendi should be made effective at the earliest 

 possible moment, and that, in view of this, and of the actual presence 

 of our fishing fleet on the treaty shore, we do not feel that an exchange 

 of ratifications should be longer delayed. But my Government has 

 every desire to make the arrangement, pending arbitration, as agree- 

 able as possible to the Newfoundland authorities consistent with the 

 due safeguarding of treaty rights which we have enjoyed for nearly 

 a century. If, therefore, the proposals you have recently shown me 

 from the Premier of Newfoundland or any other changes in the 

 above Modus Vivendi should be proposed by mutual agreement be- 

 tween the Newfoundland authorities and our fishermen, having due 

 regard to the losses that might be incurred by a change of plans so 

 long after preparations for the season's fishing had been made and 

 the voyage begun, my Government will be ready to consider such 

 changes with you in the most friendly spirit, and if found not to 

 compromise our rights, to unite with you in ratifying them at once. 



I am glad to be assured by you that this note will be considered as 

 a sufficient ratification of the Modus Vivendi on the part of my Gov- 

 ernment.'^ 



The note from the Foreign Office to the American Ambassador, 

 under date of September 6, 1907, was as follows: 



I have the honour to acknowledge the receipt of Your Excellency's 

 note of the 4th instant, containing the terms of the Modus Vivendi 

 with regard to the Newfoundland fisheries, — which you are author- 

 ized by your Government to ratif}^. 



I am glad to assure your Excellency that His Majesty's Govern- 

 ment agrees to the terms of the Modus Vivendi and that your Excel- 

 lency's note wiU be considered by His Majesty's Government as a 

 sufficient ratification of that arrangement on the part of His Majesty's 

 Government. 



His Majesty's Government ^ally shares the desire of your Govern- 

 ment that the provisions of the Modus Vivendi should be made ef- 

 fective at the earliest possible moment, and the necessary steps will 

 be taken by His Majest^^'s Government to secure its observance. 



His Majesty's Government takes note of the conciliatory offer of 

 the United States Government to consider in a most friendly spirit 

 any changes in the Modus Vivendi which may be agreed upon locally 

 between the Newfoundland authorities and the United States fisher- 

 men and wliich may be acceptable both to the United States Govern- 

 ment and to His Majesty's Government.'' 



o Appendix, p. 48. ^ Appendix, p. 49. 



