992 CORRESPONDENCE, ETC. 



Lord Elgin to Governor MacGregor. 



[Telegraphic.] 



DOWNING STREET, September 19, 1906. 



United States' Ambassador has presented Memorandum on subject 

 of modus vivendi, of which following is substance: First, it expresses 

 appreciation of readiness to waive Foreign Fishing- vessels Act, 1906, 

 and points out that this and other restrictive legislation had com- 

 pelled United States' fishermen to use purse-seines or abandon their 

 rights; second, it acknowledges cordial disposition evinced by offer 

 not to apply section 3 and first part of section 1 of Act of 1905; 

 third, United States' fishermen will gladly pay light dues if not hin- 

 dered in their right to fish, and are not unwilling to comply with 

 regulation to report at custom-houses when possible, but it is remarked 

 that it is sometimes physically impossible to break through ice for 

 that purpose; fourth, as regards purse-seines and Sunday fishing, 

 very grave difficulties present themselves, since if both these are 

 taken away there might be, as things stand, no opportunity for profit- 

 able fishing under United States' Treaty rights. United States' 

 Government are convinced that purse-seines are no more injurious 

 to common fishery than gill nets ; are not, in fact, so destructive, and 

 do not tend to change migratory course of herring as gill nets do 

 through death of large percentage of catch and consequent pollution 

 of water. The small amount of purse-seining could not of course 

 materially affect common fishery this season; besides, many United 

 States' fishermen have already sailed with purse-seines as usual, and 

 the others are already provided with them. This use of purse-seines 

 was not free choice of United States' fishermen, they have been driven 

 to it by local regulations, and continued use of it at this late date, 

 this year seems vital. United States' Government will, however, 

 renounce Sunday fishing for this season if His Majesty's Government 

 will consent to use of purse-seines, and they cannot too strongly urge 

 acceptance of this solution. (End of substance of Memorandum.) 



His Majesty's Government propose to consent to use of purse- 

 seines, subject of course to due regard being paid to other modes of 

 fishery, and earnestly trust that your Ministers will see their way 

 to agree to this course, and to pass regulation temporarily removing 

 prohibition of use of purse-seines. If your Ministers fall in with this 

 proposal, His Majesty's Government will be happy to endeavour to 

 arrange with United States' Government that practice of engaging 

 Newfoundland fishermen just outside 3-mile limit, which to some 

 extent prevailed last year, should not be resorted to this year. 

 Telegraph reply as soon as possible. 



Lord Elgin to Governor MacGregor. 



[Telegraphic.] 



DOWNING STREET, September 19, 1906. 



Referring to your telegram of the 15th September, I am sending 

 full reply by mail. I would like, in the meantime, to observe, first, 

 that Lord Salisbury's speech referred to drew clear distinction be- 



