1016 CORRESPONDENCE, ETC. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 1.5 a. m., September 4, 1907.) 



In reply to your telegrams of the 2nd September, my Ministers 

 have requested me to transmit the following message to you : 



" Referring to your telegrams of 2nd instant, my Ministers cannot 

 accept the modus vivendi. It must be apparent to His Majesty's 

 Government that their proposal contained in my telegram of 1st 

 instant, entirely obviates any necessity for the same as it permits 

 Americans to purchase herring on Treaty Coast as they did prior to 

 1904. My Ministers find it difficult to conceive what more can be 

 desired." 

 MACGREGOR. 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 4 p. m., September 6, 1907.) 



His Majesty's Government have received with much regret the 

 reply of your Ministers, contained in your telegram of 3rd September, 

 to my telegrams of 2nd September. Whatever might be the objec- 

 tions which could be urged against the conclusion of a modus vivendi 

 last year, they do not consider that such objections can be held valid 

 with regard to a modus vivendi made expressly with the purpose of 

 tiding over the time which must necessarily elapse before the decision 

 of the Hague Tribunal is obtained. That the terms of the modus 

 vivendi should not have been acceptable to your Ministers they much 

 regret, but some concession to tne United States Government was 

 imperative, and by my telegram of 23rd July your Prime Minister 

 was so informed, and expressly invited to advise as to whether he 

 preferred to permit the United States fishermen to use purse seines 

 or to employ Newfoundland fishermen. No reply was received to 

 this express enquiry, and His Majesty's Government, in view of the 

 language used by your Prime Minister during the discussion in London, 

 and of the danger of conflicts between Newfoundland and American 

 fishermen should the latter try to use purse seines, and thus interfere 

 with the fishing of the former, therefore decided to forbid the use of 

 purse seines, thus securing a much more favourable arrangement for 

 your Government than was the case last year. Further, His Maj- 

 esty's Government have obtained an undertaking from the United 

 States Government to consider favourably any arrangement made 

 by your Ministers with the American fishermen on arrival in modifi- 

 cation of, or in supersession of, the modus vivendi, and they gather 

 from your telegram of the 30th August that your Ministers contem- 

 plate an arrangement satisfactory to both parties. 



His Majesty's Government, therefore, hope that the Newfoundland 

 Government will loyally co-operate in making effective the modus 

 vivendi, the conclusion of which can no longer be delayed in view of 

 the representations of the United States Government. It should be 

 clearly understood that the modus vivendi confers no immunity on 

 Newfoundlanders who disobey the laws of the Colony, but merely 



