1012 CORRESPONDENCE, ETC. 



for Canadian and Newfoundland waters, conveying Mr. Alexander, 

 of the United States Fisheries Protection Department, to advise 

 American fishermen, as was done last year, and requesting that 

 facilities and courtesies may be afforded to the ship and the officers. 



My Ministers take up the position that if the proposal submitted 

 to His Majesty's Government with reference to the conduct of the 

 fishery upon trie Treaty coast during coming season is accepted, the 

 presence of United States cutter is absolutely unnecessary, and 

 would only prove a source of irritation. If the proposal is not 

 accepted, then they assume that the presence of that cutter in the 

 territorial waters of this Colony is in connection with a modus vivendi 

 arranged between His Majesty's Government and the United States 

 of America, and as they cannot be consenting parties to the modus 

 vivendi outlined in your telegram of 10th instant, they must respect- 

 fully protest against the establishment of a dual authority in New- 

 foundland waters, which the presence there of the cutter "Gresham" 

 would constitute. 



I concur with my responsible advisers that the American cutter 

 would be unnecessary were the proposal accepted. 



I have sent the following message to Mr. Bryce : 



"Your telegram of the 26th of August. My Ministers have sub- 

 mitted proposals for next season's fishery which, if accepted by the 

 United States Government, would, in their opinion, make the pres- 

 ence of American cutter unnecessary and not desirable. If pro- 

 posals are not accepted Ministers protest against the dual authority 

 that would be instituted by presence of American cutter in New- 

 foundland waters." ^MAcGREGOR. 



Lord Elgin to Governor MacGregor. 



DOWNING STREET, August 31, 1907. 



SIR: As it has been decided, with the concurrence of the Govern- 

 ment of the Dominion of Canada, to submit to arbitration the ques- 

 tions at issue between His Majestv's Government and the Govern- 

 ment of the United States of America with regard to the interpreta- 

 tion of the fishery clauses of the Treaty of 1818 between Great Britain 

 and the United States, I have the honour to request that you will ask 

 your Ministers to be so good as to prepare a draft of the terms of 

 reference to the Hague Tribunal for consideration by His Majesty's 

 Government, and for submission to the Government of the United 

 States. 



2. As the Government of the Dominion of Canada has expressed 

 its willingness to co-operate with your Government in the conduct 

 of the arbitration, I shall be glad if your Ministers will consult with 

 the Dominion Government in drawing up the terms of reference, and 

 also as to the mode in which the expenses of the arbitration will be 

 defrayed. 



3. A despatch in similar terms has been addressed to the Governor- 

 General of Canada. 



I have, &c., ELGIN. 



