366 FISHERIES ARBITRATION AT THE HAGUE 



that purpose, as an aid to the construction of the question by the 

 Tribunal, I advert to the fact that this question, like Question 6, 

 had its origin in Newfoundland. It was a Newfoundland question, 

 not a United States question or a British question. The United 

 States was not particularly concerned about it. We find on 

 p. 1014 of the United States Appendix a letter from Governor 

 MacGregor to Lord Elgin of the 14th September, 1907, and the 

 paragraph of that letter numbered 2 touches this subject. Said 

 Governor MacGregor: 



"It may be presumed that neither His Majesty's Government nor that 

 of the United States would desire to withhold any part of the case from con- 

 sideration, a complete and full representation of which is clearly necessary 

 and desirable in order to arrive at finahty, and to save future ihisunderstand- 

 ing. Your Lordship is, for example, aware that my Prime Minister has con- 

 sistently disputed the right of American fishermen to fish or trade in the bays, 

 harbors, and creeks of the West Coast, a point of great importance on which 

 special stress is laid in the letter copy of which is enclosed." 



On the preceding page, p. 1013 of the same Appendix, is a 

 telegram from Governor MacGregor to Lord Elgin, in the third 

 .paragraph of which he said : 



"My Ministers, however, still desire to aid His Majesty's Government as 

 far as possible consistently with their duty to this Colony, and the preserva- 

 tion of its rights; they will therefore grant permission to the fishermen of the 

 Treaty Coast to sell to Americans during the coming season on the receipt 

 of an assurance from His Majesty's Government that the terms of reference 

 to the Hague Tribunal shall include the question of the right of American 

 vessels to fish or trade in any of the bays, harbors, or creeks of that portion 

 of Newfoundland Coast between Cape Ray and Quirpon Islands, together 

 with all other questions that may be raised under the Treaty." 



And on p. 1014 again, we find the telegram from Lord Elgin to 

 Governor MacGregor, dated the 2nd September, 1907, saying: 



"Your telegram, ist September. It wiU be necessary to refer to United 

 States Government the question of the terms of arbitration; but provided 

 that your government now accept proposed modus vivendi, His Majesty's 

 Government would favorably consider the reference to arbitration of ques- 

 tion of bays." 



And from that grew these two questions. Question 6 and Ques- 

 tion 7 : The question of the right to fish and the question of the 



