1022 CORRESPONDENCE, ETC. 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 11.15 p. m., September 23, 1907) 



Your telegram 20th September. His Majesty's Government 

 have received with great regret the refusal of your Ministers to co- 

 operate in carrying out the modus vivendi, which leaves His Majesty's 

 Government no alternative but definitely to instruct you to publish 

 the Order in Council. This step should, therefore, be taken at once. 



The points raised by your Ministers will be dealt with by despatch, 

 but I think it right to warn them that His Majesty's Government 

 cannot support them in any attempt to enforce the service of process 

 on American vessels, and that the Senior Naval Officer on the Station 

 has been so instructed. 



While taking the necessary steps to promulgate and legalize the 

 modus vivendi, you will understand that His Majesty's Government 

 will gladly welcome any friendly arrangement which can be made 

 to facilitate the fishery as between your Government and the Amer- 

 ican fishermen provided the pledges given by His Majesty's Govern- 

 ment to the United States Government are fully safeguarded. Indeed, 

 you may be able to suggest such an arrangement yourself, and your 

 good offices would, no doubt, be greatly appreciated. ELGIN. 



Lord Elgin to Governor MacGregor. 



DOWNING STREET, September 26, 1907. 



SIR: I have the honour to acknowledge the receipt of your tele- 

 gram of the 20th of September, containing the decision of your Min- 

 isters as to the acceptance of the modus vivendi with the United 

 States Government regarding the Newfoundland fishery. 



2. In my telegrams of the 23rd of September, I informed you that 

 the refusal of your Ministers to accept the modus vivendi left His 

 Majesty's Government no option but to instruct you to publish the 

 Order in Council of the 9th or September, and I accordingly instructed 

 you to publish it in the next issue of the Newfoundland "Royal 

 Gazette." 



3. His Majesty's Government had no alternative but to take this 

 action in the absence of an undertaking by your Ministers to carry 

 into effect the terms of the modus vivendi, and in view of the fact 

 that, as your Ministers were informed in my telegrams of the 30th 

 of August and the 2nd of September, the Government of the United 

 States have declined to accept the proposal of your Government to 

 permit the sale of fish to American fishermen as a substitute for the 

 modus vivendi. His Majesty's Government hope, however, that 

 your Ministers may, after all, be able to secure the acceptance of 

 the liberty to purchase fish in substitution for the modus vivendi 

 by negotiation with the American fishermen on their arrival in 

 Newfoundland. If this is done, His Majesty's Government will, in 



Received 21st September 



