2o6 THE NEWFOUNDLAND FISHERY QUESTION. 



THE MODUS VIVENDI. 



In consequence of the action of the Colonial Government refus- 

 ing the proposals of H.M. Government contained in the Despatch of 

 the 28th March, 1889 ; and also the postponement of the reference 

 to Arbitration of the lobster question, (for the proposition had actually 

 been made to France), and especially owing to the serious difficulties 

 that had arisen in Newfoundland on the subject of the English and 

 French Lobster Factories, erected at various points of the' reserved 

 Coast Line, the French Government addressed a communication 

 to the Marquis of Salisbury in favour of a "Modus Vivendi," 

 which should be temporary in its character, pending the settlement 

 of the difficulty, and for special application during the coming fishing 

 season, and the following were the bases of the proposed plan : 



* ' Without France demanding at once a new examination of the legality of the 

 installation of British Lobster Factories on the ' French Shore,' it shall be understood 

 that there shall be no modification in the positions occupied by these establishments 

 on the ist July, 1889." 



On the other hand, no new concessions of fishery of lobsters shall be accorded this 

 year by the French Government on the fishing grounds occupied by British subjects 

 previously to ist July, 1889. 



Whenever any case of competition may arise in respect of Lobster Fishery between 

 the French and British fishermen, the Commanders of the two naval stations shall 

 proceed on the spot to a provisional delimitation of the Lobster Fishery Grounds, 

 having regard to the situations acquired by the two parties. 



This proposition of France and the details of the arrangement 

 were communicated by telegraph on 28th January, 1890 to the 

 Governor of Newfoundland, and after an interchange of messages, 

 the Colonial Government whilst strongly contesting the French 

 claims to lobster fishing, accepted the proposal for a "Modus 

 Vivendi," for the fishing season of 1890 only, but on this condition, 

 that the French fishermen do not establish any further lobster 

 factories on the coast, and provided also that the retrospective eifect 

 of the proposals should be to the ist January, 1890, instead of ist 

 July, 1889. 



However favourable H.M. Government may have been, as they 

 acknowledged they were, to the modifications of the plan, as desired 

 by Newfoundland, yet they could not guarantee their acceptance by 

 France, and unfortunately when the amended " Modus Vivendi " 

 was submitted for approval to the French Government, they were 

 unable to accept it in the amended form, but to meet the objections 



