PERIOD FROM 1905 TO 1909. 1017 



secures the American vessels unimpeded exercise of Treaty Rights 

 pending the decision of the Arbitral Tribunal as to the extent of 

 Colonial jurisdiction. I may add that His Majesty's Government 

 will urge the United States Government to submit to arbitration any 

 point on which your Government and the Government of Canada are 

 agreed. They cannot, however, give a pledge as to any one point 

 until the views of the Dominion Government are known. 



I will send text of modus vivendi as soon as it is available. ELGIN 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 3.20 p. m., September 7, 1907.} 



Referring to my telegram of yesterday's date, following modus 

 vivendi as embodied in Note from United States Ambassador has 

 been concluded : 



1. It is understood that His Majesty's Government will not bring 

 into force the Newfoundland Foreign Fishing Vessels Act of 1906, 

 which imposes on American fishing vessels certain restrictions in 

 addition to those imposed by the Act of 1905, and also that the provi- 

 sions of the first part of Section 1 of the Act of 1905, as to boarding 

 and bringing into port, and also the whole of Section 3 of the same 

 Act, will not be regarded as applying to American fishing vessels. 



2. In consideration of the fact that the shipment of Newfound- 

 landers by American fishermen outside the three mile limit is not 

 to be made the basis of interference nor to be penalised, my Govern- 

 ment waives the use of pmrse semes by American fishermen during 

 the term governed by this agreement, and also waives the right to 

 fish on Sundays. 



3. It is understood that American fishing vessels will make their 

 shipments of Newfoundlanders as fishermen sufficiently far from the 

 exact three mile limit to avoid reasonable doubt. 



4. It is further understood that American fishermen will pay light 

 dues when not deprived of their rights to fish, and will comply with 

 the provisions of the Colonial Customs Law as to reporting at a Cus- 

 tom House when physically possible to do so. 



But my Government has every desire to make the arrangement, 

 pending arbitration, as agreeable as possible to the Newfoundland 

 authorities, consistent with the due safeguarding of Treaty Rights 

 which we have enjoyed for nearly a century. If, therefore, the 

 proposals you have recently shown me from the Premier of New- 

 foundland or any other changes in the above modus vivendi should 

 be proposed by mutual agreement between the Newfoundland author- 

 ities and our fishermen, having due regard to the losses that might 

 be incurred by a change of plans so long after preparations for the 

 season's fishing had been made, and the voyage begun, my Govern- 

 ment will be .ready to consider such changes with you in the most 

 friendly spirit, and if found not to compromise our rights, to unite 

 with you in ratifying them at once. 



Please communicate at once to your Ministers, but do not publish 

 till Monday. United States Ambassador has promised to delay 

 publication till then. ELGIN. 



