PERIOD FKOM 1905 TO 1909. 1019 



Lord Elgin to Governor MacGregor. 



DOWNING STREET, September 11, 1907 . 



SIR: With reference to my telegram of the 9th of September, I have 

 the honour to transmit to you, to be laid before your Ministers, copies 

 of an Order in Council of the 9th instant, giving directions with 

 regard to the taking, drying, and curing of fish by the inhabitants of 

 the United States of America in common with British subjects on the 

 coasts of Newfoundland. 



I have, &c., ELGIN. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 7.39 a. m., September 12, 1907.} 



My Ministers have handed in a lengthy minute dealing with your 

 telegrams of the 6th and 9th September, which my Ministers have 

 epitomized as follows: 



They expected that His Majesty's Government would have recog- 

 nised in their proposal an honourable compromise which, while 

 upholding the sovereignty of the Colonial law, permitted the Ameri- 

 cans to obtain herring precisely as they had ever done prior to 1904. 

 They point out that while their proposal would have secured the har- 

 monious conduct of the fishery, the forcing upon this Colony of an 

 objectionable arrangement is calculated to engender feelings of ill- 

 will and resentment among His Majesty's subjects. 



They also point out that a reply to your enquiry of 23rd July was 

 sent on the 1st of August. 



They enter a protest against the submission of this Colony's case 

 being prejudiced by Canadian Government or subjected to its approval. 



They observe that while telegram of 9th September, which accom- 

 panied Order in Council, intimated the willingness of His Majesty's 

 Government to revoke or modify its provisions provided that satis- 

 factory arrangement is made by them with American fishermen or 

 modus vivendi is accepted, the initial paragraph of telegram embody- 

 ing text of Order in Council directs its publication and transmission 

 to Senior Naval Officer. They consider that they are at least entitled 

 to reasonable time in which to consider this proposal before Order in 

 Council is promulgated, and again point out that fishery will not 

 commence before at least month from date and that if suggestion of 

 His Majesty's Government is deemed practicable no negotiation 

 could take place until arrival of American fishermen. They ask, 

 therefore, that they be allowed reasonable time to consider what their 

 course of action should be before publication of Order in Council in 

 view of fact that they could not have foreseen infliction on this 

 Colony of such humiliation, which is calculated to prejudice this 

 Colony's case before the Hague Tribunal. 



The full minute goes by the post of 12th September. I hope you 

 may delay publication or the Order in Council and communication 

 to the Senior Naval Officer till you have the full text. 



His Majesty's ship "Brilliant" left llth September for Halifax; 

 it is not required at the present time here. MACGREGOR. 



