1018 CORRESPONDENCE, ETC. 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 2.40 p. m., September 9, 1907.) 



With reference to my telegram of 7th September, His Majesty's 

 Government have had under their careful consideration the measures 

 necessary to fulfil the undertaking given to the American Govern- 

 ment in connection with modus vivendi that the shipping of Newfound- 

 land fishermen by American vessels shall not oe penalised. In 

 doing so they are most anxious in no way to detract from your 

 Government's control over Newfoundland fishermen, and they have, 

 therefore, decided that it would be most satisfactory to pass an Order 

 in Council under the Act 59, Geo. III., ch. 38, Section 1, which will 

 forbid the serving of process on board any American vessel or arrest 

 of any vessel or of its gear, &c. They consider that this Order, 

 while ensuring to the Americans the undisturbed enjoyment of the 

 fishery in accordance with the modus vivendi, will cause the least incon- 

 venience to the Government of Newfoundland, as it merely gives 

 legal sanction to the arrangement in force last year under which the 

 fishery was conducted without serious disturbance or breach of the 

 peace. 



His Majesty's Government invite the co-operation of your Govern- 

 ment in carrying out the Order and have instructed the Senior Naval 

 Officer on the station to render them every assistance in maintain- 

 ing the law of the Colony as modified by the Order. They will be 

 prepared to revoke or modify its provisions immediately a satisfac- 

 tory arrangement is made by the Colonial Government with the 

 American fishermen as contemplated in the modus vivendi, or the 

 modus vivendi is accepted by your Government. 



His Majesty's Government feel compelled, however, to place on 

 record their deep regret that they should have had no alternative 

 in consequence of the action of your Ministers but to avail themselves 

 of the legal powers conferred on them by the Act 59 Geo. III. 



His Majesty's Government recognise to the full the inconvenience 

 caused to the Government of Newfoundland by the treaty obliga- 

 tions binding upon it, but these obligations were not created by His 

 Majesty's Government, and in 1904 this country made no inconsider- 

 able sacrifice of territory and money in order to reduce the pressure 

 of French treaty rights. I may remind your Ministers that in this 

 case the Government of Canada have, in order to meet their wishes, 

 consented to share in the arbitration, although they have already 

 obtained a friendly understanding with the United States. His 

 Majesty's Government consider, therefore, that they were entitled to 

 expect your Government's co-operation in arranging a new temporary 

 modus vivendi pending the decision of the Arbitral Tribunal to 

 which, in deference to your Government's wishes, the whole question 

 is shortly to be referred. 



The Order in Council is being telegraphed separately. ELGIN. 



