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to Sir R. Bond

See Nos, 18 and 19. Newfoundland Government

earnestly urge proclamation of Act No. 1 of

1906, and undertake to apply it only to their

own people

Proposals respecting the suggested modus vivendi

in regard to the Newfoundland fishery question.

Urge His Majesty's Government to consent to

the use of purse seines

Refers to No. 22. Proposals for modus vivendi,

including suspension of Act No. 1 of 1906,

made to United States' Ambassador on 3rd

September

Newfoundland Government have learned with

profound regret that His Majesty's Govern-

ment has proposed, as one of the terms of the

modus vivendi, the suspension of the Foreign

Fishing - Vessels Act of 1906. Consider

arrangement to be an interference with the

internal affairs of the Colony

Informs of nature of United States' Memorandum

on subject of modus virendi (see No. 23). His

Majesty's Government propose to consent to

use of purse seines

Refers to No. 25. Observations on

32

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37

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SUBJECT.

Refers to Nos. 18 and 19. Transmits copy of a

Minute of Committee of Council, justifying

policy of Newfoundland Government

Informed American Ambassador of No. 26

Acknowledges No. 25. Reasons why His

Majesty's Government cannot indorse policy

of Newfoundland Government, and why they

concluded a modus vivendi with United States'

Government

See No. 26. Newfoundland Government cannot

become consenting parties to modus vivendi

with the United States' Government. They

entirely dissent from views of United States'

Government in respect to use of purse seines ..

Refers to No. 23. His Majesty's Government

accept arrangement set out in the United

States' Memorandum, and consent to the use

of purse seines by United States' fishermen

Views of Mr. Whitelaw Keid as to No. 32. His

Excellency suggested suspension of the clause

in the Act of 1905 which made it illegal to

enlist men within the 3-mile limit

Refers to No. 3]. United States' Ambassador

informed on 25th September that His Majesty's

Government consented to use of purse seines

on certain conditions

Reports arrival of American schooner at Bonne

Bay with purse seines. Newfoundland Govern-

ment desire to know whether they are free to

enforce ('olonial customs and fishery laws

Informs of a private suggestiou made by United

States' Ambassador that Newfoundland Govern-

ment should suspend for fishing season pro-

hibition to engage crews in territorial waters,

in return for which United States' vessels would

stop using purse seines after 1st November

Informed Mr. Carter that above proposal had

been telegraphed to Newfoundland Govern-

ment. Question of date on which modus

vivendi would be put in force

Refers to No. 36. Newfoundland Government

unable to accept proposed arrangement with

l'egard to purse seines

Informs of above. Asks for views of United

States' Government on the modus vivendi pro-

posals contained in No. 32 ..

Refers to No. 38. Inspector of Fisheries sent to

examine position at Bay St. George and Bay of

Islands so that proper steps be taken to pre-

serve the peace

Refers to No. 32. Authorized to ratify a modus

vivendi in regard to Newfoundland fishery

question on the basis of the Foreign Office

Memorandum

See No. 34. Iuforms of No. 41

Refers to No. 40. His Majesty's ship “ Brilliant

ordered to remain in Newfoundland waters until

end of season

Acknowledges No. 41. Government of New-

foundland informed

43

Correspondence respecting Newfoundland Fisheries.

No. 1.

Mr. Root to Sir M. Durand.-(Received at Foreign Office, October 27.)

Department of State, Washington, Dear Mr. Ambassador,

October 12, 1905. I AAVE just telegraphed you at Lenox expressing my wish for an interview at your early convenience. The occasion for the request is a despatch which I have just received from Senator Lodge, containing the following statement based, I assume, upon information received from his constituenis in Massachusetts, who are interested in the fisheries :

“Newfoundland cruiser 'Fiona' has arrived in Bay of Islands, on Treaty Coast. with Minister of Marine and Fisheries on board. The Minister has fo dden all vessels on American register to fish on Treaty Coast, where they now are, and where they have fished unmolested since 1818.”

The American boats are already upon the Treaty Coast. I have felt bound to advise Senator Lodge that I have no doubt of their right to proceed to take fish upon the ground where the Minister of Marine and Fisheries of Newfoundland has prohibited them from fishing. The history of the fisheries and the numerous difficulties which have arisen upon the Treaty Coast indicate that this conflict between the orders of the Newfoundland Government and the rights of our fishermen, as we conceive them to '* be, may lead to very serious and regrettable incidents. It seems unfortunate that the Government of Newfoundland should undertake to prohibit a practice justified by the construction of the various Treaties relating to the Newfoundland fisheries for more than a century without any suggestion by the Government of Great Britain that that Government proposes any change of construction, and without any exchange of views between the two Governments upon the subject.

I shall wish to satisfy you that immediate representation should be made to the Government of Newfoundland, which will lead to a different way of raising and disposing of any questions which there may be regarding our fishermen's rights under the existing Treaty.

I am, &c. (Signed) ELIHU ROOT.

No. 2.

Mr. Root to Sir M. Durand.—(Received at Foreign Office, October 27.)

Excellency,

Department of State, Washington, October 19, 1905. MR. GARDNER, the Representative in Congress of the Gloucester district, has placed in my hands a number of despatches received by him from masters of American vessels now on the Newfoundland coast. These despatches are answers to inquiries sent by him at my request for the purpose of ascertaining definitely, if possible, what is the precise difficulty there.

These despatches agree in the statement that vessels of American registry are forbidden to fish on the Treaty Coast. One captain says that he was informed that

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