242 CASE OF THE UNITED STATES. 



thefefore to be duly considered in the pending arbitration before the 

 Hague Tribunal. 



But w-ith tliis reservation and with the approval of my Govern- 

 ment, I now have pleasure in accepting the offer that the herring fish- 

 ery during the ensuing season shall be conducted on the same prin- 

 ciples as in the season of 1907, and the formal undertaking against 

 interference with this by the Newfoundland Government, as a sub- 

 stantial agreement on my proposal of June 18th. 



"We unite also with you in regarding this exchange of letters as con- 

 stituting in itself a satisfactory agreement for the season of 1908, 

 without the necessity for any further formal correspondence. 



I am glad to add that Mr. Alexander of the United States Fish 

 Commission, will be sent again this year to the treaty shore, and that 

 my Government feels sure that, through his influence, there will be 

 general willingness to carry out the spirit of the understanding, and 

 work on the lines of least resistance.*^ 



Tlie imrpose of the Order in Council of September 9, 1907. 



It appears that after the modus Vivendi of 1907 had been agreed 

 upon between Great Britain and the United States some opposition 

 to certain features of it developed in Newfoundland, and the New- 

 foundland Government finally refused to accept the modus vivendi 

 and declined to put it into effect or be bound by its terms. In order, 

 therefore, to give effect to this modus vivendi the British Government 

 determined to pass an order in council for that purpose under section 

 I of the act of 59 Geo. III., cli. 38, the position of the Government in 

 the matter being stated in a telegram of September 9, 1907, from 

 Lord Elgin to the Governor of Newfoundland as f oUows : 



With reference to my telegram of 7th September, His Majesty's 

 Government have had under their carefid consideration the measures 

 necessary to fulfil the undertaking given to the American Govern- 

 ment in connection with modus vivendi that the shipping of Newfound- 

 land fishermen by American vessels shall not he penalised. In 

 doing so they are most anxious in no way to detract from your 

 Government's control over Newfoundland fishermen, and they have, 

 therefore, decided that it would be most satisfactory to pass an Order 

 in Council under the Act 59, Geo. III., ch. 38, Section 1, which will 

 forbid the serving of process on board any American vessel or arrest 

 of any vessel or of its gear, &c. They consider that this Order, 

 while ensuring to the Americans the undisturbed enjoj^ment of the 

 fishery in accordance with the modus vivendi, will cause the least incon- 

 venience to the Government of Newfoundland, as it merely gives 

 legal sanction to the arrangement in force last year under which the 

 fishery was conducted without serious disturbance or breach of the 

 p'eace. 



o Appendix p. 50. 



