1002 CORRESPONDENCE, ETC. 



decline to share. His Majesty's Government will endeavour in the 

 future, as in the past, to defend the claims of Newfoundland under 

 the treaty of 1818 to the best of their ability, but if the difficulties 

 in their way become increased your Ministers must bear the blame. 

 ELGIN. 



Mr. Reid to Sir Edward Grey. 



AMERICAN EMBASSY, 

 LONDON, November 15, 1906. 



DEAR SIR EDWARD : Here is the little private and unofficial memo- 

 randum promised yesterday. 



Believe me, &c., WHITELAW REID. 



[Enclosure.] 



Points of Fact communicated confidentially and unofficially, in interview 



of November 14th. 



United States Fishery Agent in Newfoundland reported that on 

 12th November Colonial authorities summoned crew to appear at 

 Court, Birchy Cove, for enlisting outside three-mile limit. Captain 

 was inclined to ignore summons. 



In answer to Agent's request for instructions, State Department 

 said that penal proceedings under such circumstances against men 

 shipped outside three-mile limit appeared plain violation of modus 

 vivendi, but Department could not believe Newfoundland Government 

 intended wholesale punishment of their own fishermen for seeking 

 means of livelihood with clear permission from British Government. 

 Department supposed whole purpose was to make a test case, and 

 instructed Agent to ascertain. If so, to avoid conflict or disturbance, 

 was willing, without waiving rights, to facilitate raising and disposi- 

 tion of the question in an orderly way, for which appearance of one or 

 two men in Court would be sufficient. If, on contrary, wholesale 

 arrests were intended, effect would be either to break up or seriously 

 interfere with fishing under the modus vivendi, and the Department 

 should be promptly informed. 



Department explains desire to avoid any conflict that might excite 

 Colonial feeling or cause embarrassment in dealing with Colony. But 

 if Newfoundland Government really trying to break up fishing under 

 modus vivendi, United States could not permit men to be taken from 

 its ships. No doubt of Great Britain's full intention to enforce 

 respect for its agreement, but prompt action seemed necessary. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 7.45 a. m., November 17, 1906.) 

 Referring to your telegram of 9th November, Responsible Ministers 



send long reply, summary of which follows : 



(1) They do not see that any reason existed to justify modus 



vivendi, which they think was unnecessary. They refer to. your tele- 



