to you on May 22, 1906, a copy of which you inclosed to the department with your No. 972 of May 30, 1906. He also promised that he would take up the subject with the chancellor of the Empire, the minister of justice, and such other authorities as must be consulted under the German procedure and hoped to give you a reply in the course of the following week. The department has received no further advice from you on this subject and you are, therefore, instructed again to bring the matter to the attention of the German Government, at the same time urging that the questions involved be given consideration and representing the obvious benefit to the relations of both Governments which would follow the negotiation of the agreement desired. I am, etc., ROBERT BACON. File No. 6807/11. No. 1350.] Ambassador Tower to the Secretary of State. AMERICAN EMBASSY, Berlin, April 30, 1908. SIR: I have the honor to acknowledge the receipt of Mr. Bacon's dispatch No. 815 of the 14th of April, 1908, in relation to the subject of the establishment between the Imperial German Government and the Government of the United States of an arrangement, by treaty or otherwise, under which American citizens born in Alsace-Lorraine shall be placed upon the same footing as other American citizens of German origin upon their return to Germany for legitimate purposes, which subject was reported upon by me in my dispatch to you No. 1121, dated the 15th of March, 1907.2 In compliance with the instructions contained in Mr. Bacon's present dispatch, I have addressed a note this day to the imperial German secretary of state for foreign affairs, in which I have requested that the answer of the German Government to a communication which I made upon this subject in a note dated the 15th of March, 1907,3 may be sent to me in order that I may transmit it to the Government of the United States. I have, etc., CHARLEMAGNE Tower. 1 See Foreign Relations, 1906, p. 650. GREAT BRITAIN. AGREEMENT EFFECTED BY EXCHANGE OF NOTES BETWEEN THE UNITED STATES AND GREAT BRITAIN RELATING TO NEWFOUNDLAND FISHERIES, SIGNED AT LONDON, JULY 15-23, 1908. The Minister for Foreign Affairs to Ambassador Reid. FOREIGN OFFICE, London, July 15, 1908. YOUR EXCELLENCY: On the 18th ultimo your excellency proposed, on behalf of the United States Government, that, as arbitration in regard to the Newfoundland fisheries question could not be arranged before the forthcoming fishery season, the modus vivendi of last year should be renewed with the same elasticity as before for the parties concerned to make local arrangements satisfactory to both sides. I have the honor to inform your excellency that the Newfoundland Government, having been consulted on the subject, have expressed the desire that the herring fishery during the ensuing season should be conducted on the same principles as in the season of 1907, and formally undertake to permit during this year the conduct of the herring fishery as last year. As the arrangements for last year were admittedly satisfactory to all concerned in the fishing, His Majesty's Government hope that the United States Government will see their way to accept this formal assurance on the part of the Newfoundland Government as a satisfactory arrangement for the season of 1908. If this course be adopted it. would seem unnecessary to enter into any further formal arrangements, seeing that the communication of this assurance to the United States Government and its acceptance by them would be tantamount to a modus vivendi. I have the honor to be, with the highest consideration, your excellency's most obedient, humble servant, LOUIS MALLET. (For Sir Edward Grey.) Ambassador Reid to the Minister for Foreign Affairs. AMERICAN EMBASSY, SIR: The reply, in your letter of July 15, 1908, to my proposal of June 18, for a renewal of last year's modus vivendi for the approaching Newfoundland fisheries season, with the same elasticity as before for local arrangements, has been duly considered. I am gratified to learn that the Newfoundland Government was so well satisfied with the result of these arrangments under the modus vivendi for last year that it offers a formal undertaking that the American fishermen shall be permitted to conduct the herring. fisheries this year in the same way. It is proper to observe that our fishermen would have preferred last year, and would prefer now, to work the fisheries with purse seines, as heretofore, as provided in the modus vivendi of 1906. But they yielded last year to the strong wishes of the Newfoundland Government in this matter, and joined in the arrangement under the elastic clause at the close of the modus vivendi of 1907 by which, with the approval of the British and American Governments, they gave up also other claims in return for certain concessions. I must reserve their right to these and to purse seines, as heretofore enjoyed, as not now abandoned, and therefore to be duly considered in the pending arbitration before the Hague Tribunal. But with this reservation, and with the approval of my Government, I now have pleasure in accepting the offer that the herring fishery during the ensuing season shall be conducted on the same principles as in the season of 1907, and the formal undertaking against interference with this by the Newfoundland Government, as a substantial agreement on my proposal of June 18. We unite also with you in regarding this exchange of letters as constituting in itself a satisfactory agreement for the season of 1908, without the necessity for any further formal correspondence. I am glad to add that Mr. Alexander, of the United States Fish Commission, will be sent again this year to the treaty shore, and that my Government feels sure that, through his influence, there will be general willingness to carry out the spirit of the understanding and work on the lines of least resistance. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, WHITELAW REID. TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN RELATING TO FISHERIES IN THE WATERS OF THE UNITED STATES AND CANADA. Signed at Washington, April 11, 1908. Ratification advised by the Senate, April 17, 1908. Ratified by the President, May 11, 1908. Ratified by Great Britain, May 12, 1908. Ratifications exchanged at Washington, June 4, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention between the United States of America and the United Kingdom of Great Britain and Ireland, providing for the adoption of uniform and effective measures for the protection, preservation, and propagation of the food fishes in the waters contiguous to the United States and the Dominion of Canada, was concluded by their respective Plenipotentiaries at Washington, on the eleventh day of April, one thousand nine hundred and eight, the original of which Convention is word for word as follows: The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India. equally recognizing the desirability of uniform and effective measures for the protection, preservation, and propagation of the food fishes in the waters contiguous to the United States and the Dominion of Canada, have resolved to conclude a Convention for these purposes, and have named as their Plenipotentiaries: The President of the United States of America, Elihu Root, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable James Bryce, O. M., His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington; Who, having exchanged their full powers, found in due form, have agreed to and signed the following articles: ARTICLE I. The times, seasons, and methods of fishing in the waters contiguous to the United States and Canada as specified in Article IV of this Convention, and the nets, engines, gear, apparatus, and appliances which may be used therein, shall be fixed and determined by uniform and common international regulations, restrictions, and provisions; and to that end the High Contracting Parties agree to appoint, within three months after this Convention is proclaimed, a Commission to be known as the International Fisheries Commission, consisting of one person named by each Government. ARTICLE II. It shall be the duty of this International Fisheries Commission, within six months after being named, to prepare a system of uniform and common International Regulations for the protection and preservation of the food fishes in each of the waters prescribed in Article IV of this Convention, which Regulations shall embrace close seasons, limitations as to the character, size, and manner of use of nets, engines, gear, apparatus, and other appliances; a uniform system of registry by each Government in waters where required for the more convenient regulation of commercial fishing by its own citizens or subjects within its own territorial waters or any part of such waters; an arrangement for concurrent measures for the propagation of fish; and such other provisions and measures as the Commission shall deem necessary. ARTICLE III. The two Governments engage to put into operation and to enforce by legislation and executive action, with as little delay as possible, the Regulations, restrictions, and provisions with appropriate penalties for all breaches thereof; and the date when they shall be put into operation shall be fixed by the concurrent proclamations of the President of the United States and the Governor-General of the Dominion of Canada in Council. And it is further agreed that jurisdiction shall be exercised by either Government, as well over citizens or subjects of either party apprehended for violation of the Regulations in any of its own waters to which said Regulations apply, as over its own citizens or subjects found within its own jurisdiction who shall have violated said Regulations within the waters of the other party. ARTICLE IV. It is agreed that the waters within which the aforementioned Regulations are to be applied shall be as follows: (1) The territorial waters of Passamaquoddy Bay; (2) the St. John and St. Croix Rivers; (3) Lake Memphremagog; (4) Lake Champlain; (5) the St. Lawrence River, where the said River constitutes the International Boundary; (6) Lake Ontario; (7) the Niagara River; (8) Lake Erie; (9) the waters connecting Lake Erie and Lake Huron, including Lake St. Clair; (10) Lake Huron, excluding Georgian Bay but including North Channel; (11) St. Mary's River and Lake Superior; (12) Rainy River and Rainy Lake; (13) Lake of the Woods; (14) the Strait of San Juan de Fuca, those parts of Washington Sound, the Gulf of Georgia and Puget Sound lying between the parallels of 48° 10′ and 49° 20′; (15) and such other contiguous waters as may be recommended by the International Fisheries Commission and approved by the two Governments. It is agreed on the part of Great Britain that the Canadian Government will protect by adequate regulations the food fishes frequenting the Fraser River. The two Governments engage to have prepared as soon as practicable charts of the waters described in this Article, with the International Boundary Line indicated thereon; and to establish such additional boundary monuments, buoys, and marks as may be recommended by the Commission. ARTICLE V. The International Fisheries Commission shall continue in existence so long as this Convention shall be in force, and each Government shall have the power to fill, and shall fill from time to time, any vacancy which may occur in its representation on the Commission. Each Government shall pay its own Commissioner. and any joint expenses shall be paid by the two Governments in equal moieties. ARTICLE VI. The Regulations, restrictions, and provisions provided for in this Convention shall remain in force for a period of four years from the date of their executive promulgation, and thereafter until one year from the date when either the Government of the United States or of Great Britain shall give notice to the other of its desire for their revision; and immediately upon such notice being given the Commission shall proceed to make a revision thereof, which Revised Regulations, if adopted and promulgated by the President of the United States and the Governor-General of Canada in Council, shall remain in force for another period of four years and thereafter until one year |