PERIOD FEOM 1888 TO 1909. 241 



Modus Vivendi of 1908. • 



In 1908 a renewal of the modus vivendi of 1907 was arranged by 

 an exchange of notes for that purpose between the British Foreign 

 Office and the American Ambassador. The note from the Foreign 

 Office, under date of July 15, 1908, was as follows: 



On the 18th ultimo Your Excellency proposed on behalf of the 

 United States Govermnent that, as arbitration in regard to the New- 

 foundland fisheries question could not be arranged before the forth- 

 coming fishery season, the ''modus vivendi" of last year should be 

 renewed with the same elasticity as before for the parties concerned 

 to make local arrangements satisfactory to both sides. 



I have the honor to inform Your Excellency that the Newfound- 

 land government, having been consulted on the subject, have ex- 

 pressed the desire that the herring fishery during the ensuing season 

 should be conducted on the same principles as m the season of 1907, 

 and formally undertake to permit during this year the conduct of 

 the herring fishery as last year. 



As the arrangements for last year were admittedly satisfactory to 

 all concerned in the fishing, His Majesty's Government hope that the 

 United States Government will see their way to accept this formal 

 assurance on the part of the Newfoundland government as a satis- 

 factory arrangement for the season of 1908. If this course be adopted 

 it would seem unnecessary to enter into any further formal arrange- 

 ments, seeing that the communication of this assurance to the United 

 States Government and its acceptance by them would be tantamount 

 to a modus vivendi.'* 



The note of the American Ambassador, under date of July 23, 1908, 

 was as follows: 



The reply, in your letter of July 15, 1908, to my proposal of June 

 18th, for a renewal of last year's modus vivendi for the approacliing 

 Newfoundland fisheries season, with the same elasticity as before for 

 local arrangements, has been duly considered. 



I am gratified to learn that the Newfoundland Government was so 

 well satisfied with the result of these arrangements under the modus 

 vivendi for last year that it offers a formal undertaking that the 

 American fishermen shall be permitted to conduct the herring fish- 

 eries this year in the same way. 



It is proper to observe that our fishermen would have preferred 

 last year, and would prefer now to work the fisheries with purse 

 seines, as heretofore, as provided in the modus vivendi. But they 

 yielded last year to the strong wishes of the Newfoundland Govern- 

 ment in this matter, and joined in the arrangement under the elastic 

 clause at the close of the modus vivendi by which, with the approval 

 of the British and American Governments, they gave up the use of 

 purse seines in return for certain concessions. I must reserve their 

 right to this use, as heretofore enjo^^ed, as not now abandoned, and 



o Appendix, p. 49. 



