PERIOD FROM 1905 TO 1909. 1021 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 8.15 a.m., September 21, 1907.) 



Your telegrams of 14th and 16th September. I have received a 

 minute from my Ministers, of which the principal points are as 

 follows : 



They hope the full minute of llth September may justify the 

 revocation of the Order in Council; they repeat the objections to the 

 prevention of service of process advanced by the Prime Minister in 

 his letters to your Lordship of the 15th and 17th June, and refer to 

 your letter to the Prime Minister, 18th June, which recognised the 

 cogency of his objections, in consequence of which they cannot 

 understand the action of His Majesty's Government in passing the 

 Order in Council. If it is contended that His Majesty's Government 

 were pledged to renew modus vivendi, and that Supreme Court had 

 shown that the modus vivendi could not legalize shipment of New- 

 foundland fishermen, their answer is that modus vivendi is not neces- 

 sary because of the undertaking of this Government to revert to the 

 status quo prior to 1905, thus giving to the Americans all the privi- 

 leges hitherto enjoyed by them on the Treaty Coast. 



Promulgation or Order in Council would practically destroy case 

 of this Colony before the Hague Tribunal as furnishing argument 

 that the law of Newfoundland is not binding on Americans. My 

 responsible advisers refuse to accept any responsibility for Order in 

 Council which cannot be with justice put on them. To assist His 

 Majesty's Government ameliorate embarrassing position they pro- 

 posed reference to Hague Tribunal, and also a temporary working 

 arrangement to lawfully give Americans the privileges they had 

 before this dispute. My responsible advisers cannot be parties to 

 the modus vivendi, and they protest against the promulgation of the 

 Order in Council. They are advised by Attorney-General and 

 English Counsel that Order in Council is not operative against the 

 law of the Colony. Order in Council cannot grant any new right or 

 immunity. His Majesty's Government appear to overlook that my 

 responsible advisers undertake to place Americans in precisely the 

 same position as they occupied in 1905, thus making the modus 

 vivendi and Order in Council unnecessary. Whether Order in Council 

 is published or revoked, my responsible advisers will issue lawful 

 authority to the local fishermen on the Treaty Coast to sell fish to 

 Americans and others as heretofore, thus removing any possible 

 grounds of complaint so far as Americans are concerned and at the 

 same time upholding the law of this Colony. End of resume. 



In explanation of above, I should add" that a licence would be 

 issued to Newfoundland fishermen to sell to Americans or others, 

 but no engaging of Newfoundland fishermen as part of the crews 

 for Americans will be allowed. MACGREGOR. 



