1909.] ATLANTIC FISHERIES QUESTION. 345 



must be, superior to any inconsistent exercise of sovereignty within that terri- 

 tory. The existence of this right is a qualification of British sovereignty 

 within that territory. . . . 



For the claim now asserted that the colony of Newfoundland is entitled 

 at will to regulate the exercise of the American treaty right is equivalent to a 

 claim of power to completely destroy that right. 



As a result of this vigorous exchange of views between the 

 America and the British government, a modus vivendi, with the 

 object of avoiding any clash between the American fishermen and 

 the Newfoundland authorities or inhabitants during the fishing 

 season of 1906-07, was concluded early in October, 1906, at Lon- 

 don, between the two governments that were parties to the Treaty 

 of 1818.°^ The British government agreed to the use of puxse, 

 seines, and the shipment of Newfoundlanders by American vessels 

 outside the three-mile limit. On the other hand the American gov- 

 ernment waived the right of American vessels to take fish on Sun- 

 day, and agreed that they would pay lighthouse dues, and where 

 possible comply with the local customs regulations. The provisions 

 of the Foreign Fishing Vessels Act of 1906 of Newfoundland, and 

 the objectionable first and third sections of the Act of 1905 were 

 not to apply to American vessels. With this agreement in force, 

 the fishery of i9o6-'o7 was happily accomplished without unto- 

 ward incident. At the beginning of September, 1907, a new modus 

 Vivendi to apply to the next fishery season was agreed to by the 

 two interested nations.^'* This new modus vivendi was practically 

 the same in its provisions as that of the previous season, except 

 that the American government made a further concession of waiv- 

 ing the use of purse seines. In July, 1908, *the modus vivendi of 

 the previous year was renewed for the fishery of i9o8-'o9.*"' 



In order to finally settle this vexatious dispute between the 

 American republic and the British empire over the x^tlantic fisheries 

 question, in January, 1909, the two Powers at a conference held in 

 Washington agreed to refer the matter to the decision of The Hague 



^* '' Supplement to the American Journal of International Law," January, 

 1907, pp. 27-31. 



°' " Supplement of the American Journal of International Law," October, 



1907, PP- Z7S-2,77- 



^ " Supplement of the American Journal of International Law," October, 

 igo8, pp. 327-328. 



