Page images
PDF
EPUB

Americans, the majority will resent this. The Sub-Collector at the Bay of Islands writes that armed force will be wanted, as certain naturalized resident American subjects advise the people to defy and ignore law. My responsible advisers have sent Inspector of Fisheries to examine position and report, so that proper steps to preserve peace may be taken.

[ocr errors]

No. 41.

Mr. Whitelaw Reid to Sir Edward Grey.-(Received October 6.)

[ocr errors]

Sir,

London, October 6, 1906. I AM authorized by my Government to ratify a modus vivendi in regard to the Newfoundland fishery question on the basis of the Foreign Office Memorandum, dated the 25th ultimo, in which you accept the arrangement set out in my Memorandum of the 12th ultimo, and consent accordingly to the use of purse seines by American fishermen during the ensuing season, subject, of course, to due regard being paid in the use of such implements to other modes of fishery, which, as you state, is only intended to secure that there shall be the same spirit of give and take and of respect for common rights between the users of purse seines and the users of stationary nets as would be expected to exist if both sets of fishermen employed the same gear.

My Government understand by this that the use of purse seines by American fishermen is not to be interfered with, and the shipment of Newfoundlanders by American fishermen outside the 3-mile limit is not to be made the basis of interference or to be penalized ; at the same time they are glad to assure His Majesty's Government, should such shipments be found necessary, that they will be made far enough from the exact 3-mile limit to avoid any reasonable doubt.

On the other hand, it is also understood that our fishermen are to be advised by my Government, and to agree, not to fish on Sunday.

It is further understood that His Majesty's Government will not bring into force the Newfoundland Foreign Fishing-Vessels Act of 1906, which imposes on American fishing-vessels certain restrictions in addition to those imposed by the Act of 1905, and also that the provisions of the first part of section 1 of the Act of 1905, as to boarding and bringing into port, and also the whole of section 3 of the same Act, will not be regarded as applying to American fishing-vessels.

It also being understood that our fishermen will gladly pay light dues if they are not deprived of their rights to fish, and that our fishermen are not unwilling to comply with the provisions of the Colonial Customs Law as to reporting at a custom-house when physically possible to do so.

I need not add that my Government are most anxious that the provisions of the modus vivendi should be made effective at the earliest possible moment. I am glad to be assured by you that this note will be considered as sufficient ratification of the inodus vivendi on the part of my Government.

I have, &c.
(Signed) WHITELAW REID.

[ocr errors][ocr errors]

No. 42.

Gorei States

The Earl of Elgin to Governor Sir W. MacGregor.

prov ind

(Telegraphic.)

Downing Street, October 6, 1906. REFERRING to my telegram of the 29th ultimo, His Majesty's Government have now concluded modus vivendi with United States' Government. Its terms are embodied in note from United States' Ambassador as follows:-

“I am authorized by my Government to ratify a modus vivendi in regard to the Newfoundland fishery question on the basis of the Foreign Office Memorandum, dated the 25th ultimo, in which you accept the arrangement set out in my Memorandum of the 12th ultimo, and consent accordingly to the use of purse seines by American fishermen during the ensuing season, subject, of course, to due regard being paid in the use of such implements to other modes of fishery, which, as you state, is only intended to secure that there shall be the same spirit of give and take, and of respect

for common rights between the users of purse seines and the users of stationary nets, as would be expected to exist if both sets of fishermen employed the same gear.

“My Government understand by this that the use of purse seines by American fishermen is not to be interfered with, and that the shipment of Newfoundlanders by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized ; at the same time, they are glad to assure His Majesty's Government, should such shipments be found necessary, that they will be made far enough from the exact three-mile limit to avoid any reasonable doubt.

“ On the other hand, it is also understood that our fishermen are to be advised by ny Government, and to agree not to fish on Sunday.

" It is further understood that His Majesty's Government will not bring into force the Newfoundland Foreign Fishing Vessels Act of 1906, which imposes on American fishing-vessels certain restrictions in addition to those imposed by the Act of 1905, and also that the provisions of the first part of Section I of the Act of 1905, as to boarding and bringing into port, and also the whole of Section III of the same Act, will not be regarded as applying to American fishing-vessels.

“It is also being understood that our fishermen will gladly pay light dues if they are not deprived of their rights to fish, and that our fishermen are not unwilling to comply with the provisions of the Colonial Customs Law as to reporting at a customhouse when physically possible to do so.

“I need not add that my Government are most anxious that the provisions of the modus rivenai should be made effective at the earliest possible moment. I am glad to be assured that this note will be considered by you as sufficient ratification of the modus vivendi on the part of my Government. ”

Please communicate copy to Officer Commanding His Majesty's ship“ Brilliant.”

American fishermen will be instructed by United States' Government to observe modus vivendi, and your Ministers will no doubt give similar instructions on their part.

No. 43.

The Earl of Elgin to Governor Sir W. MacGregor.

(Telegraphic.)

Downing Street, October 6, 1906. REFERRING to your telegram of the 5th instant, His Majesty's ship “ Brilliant" has been ordered to remain in Newfoundland waters until end of season.

No. 44.

Sir Edward Grey to Mr. Whitelaw Reid.

Your Excellency,

Foreign Office, October 8, 1906. I HAVE received with satisfaction the note of the 6th instant, in which your Excellency states that you have been authorized by your Government to ratify a modus vivendi in regard to the Newfoundland fishery question, on the basis of the Memorandum which I had the honour to communicate to you on the 25th ultimo, and I am glad to assure your Excellency that the note in question will be considered by His Majesty's Government as a sufficient ratification of that arrangement on the part of the United States' Government.

His Majesty's Government fully share the desire of your Government that the provisions of the modus vivendi should be made effective at the earliest moment possible, and the necessary instructions for its observance were accordingly sent to the Government of Newfoundland immediately on receipt of your Excellency's communication.

I have, &c. (Signed) EDWARD GREY.

APPENDIX No. 1.

Convention between Flis Britannick Majesty and the United States of America. Signed at London,

October 20, 1818.

ARTICLE I.

WHEREAS differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry, and cure fish, on certain coasts, bays, harbours, and creeks of His Britannick Majesty's Dominions in America, it is agreed between the High Contracting Parties that the inhabitants of the said United States shall have, for ever, in common with the subjects of His Britannick Majesty, the liberty to take fish of every kind, on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Íslands, on the western and northern coast, of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the Streights of Belleisle, and thence north wardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company. And that the American fishermen shall also have liberty, for ever, to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland, here above described, and of the coast of Labrador ; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounced, for ever, any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish, on or within three marine miles of any of the coasts, bays, creeks, or barbours of His Britannick Majesty's Dominions in America, not included within the above-mentioned limits: provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them.

APPENDIX No. 2.

59 GEORGE III, CAP. 38.

An Act to enable His Majesty to make Regulations with respect to the taking and curing Fish on certain

parts of the Coasts of Newfoundland, Labrador, and His Majesty's other Possessions in North America, according to a Convention made between His Majesty and the United States of America.

Convention dated
October 20, 1818.

[June 14, 1819.] WHEREAS a Convention between His Majesty and the United States of America, was made and signed at London, on the 20th day of October, 1818; and by the first article of the said Convention, reciting that differences had arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish in certain coasts, bays, harbours, and creeks of His Britannic Majesty's domiinions in America, it is agreed that the inhabitants of the said United States shall have for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coasts of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks from Mount Joly on the southern coasts of Labrador, to and through the Straits of Belleisle, and thence north wardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and it was also by the said article of the said Convention agreed, that the American fishermen should have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland above described, and of the coast of Labrador, but that so soon as the same, or any portion thereof, should be settled, it should not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground: And

Not to extend to

whereas it is expedient that His Majesty should be enabled to carry into execution so much of the said Convention as is above recited, and to make regulations for that purpose; be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act, it shall and may be lawful for His Majesty, by and with the advice of His Majesty's Privy Council, by any Order or Orders in Council, to be His Majesty in from time to time made for that purpose, to make such regulations, and to give such directions, Council may make orders, and instructions to the Governor of Newfoundland, or to any officer or officers on that Regulations for station, or to any

other person or persons whomsoever, as shall or may be from time to time Convention into deemed proper and necessary for the carrying into effect the purposes of the said Convention, effect. with relation to the taking, drying, and curing of fish by the inhabitants of the United States of America, in common with British subjects, within the limits set forth in the said article of the said Convention, and hereinbefore recited ; any Act or Acts of Parliament, or any law, custom, or usage to the contrary in anywise notwithstanding.

2. And be it further enacted, that from and after the passing of this Act it shall not be Foreign vessels lawful for any person or persons, not being a natural-born subject of His Majesty, in any foreign not to fish within a ship, vessel, or boat, nor for any person in any ship, vessel, or boat, other than such as shall be certain distance of navigated according to the laws of the United Kingdom of Great Britain and Ireland, to fish for, any British harbour or to take, dry, or cure any fish of any kind whatever, within three marine miles of any coasts, included in the bays, creeks, or barbours whatever, in any part of His Majesty's dominions in America, not limits prescribed included within the limits specified and described in the first article of the said Convention, and by the Convention, herein before recited; and that if any such foreign ship, vessel, or boat, or any persons on board under penalty of thereof, shall be found fishing, or to have been fishing, or preparing to fish within such distance of such coasts, bays, creeks, or harbours, within such parts of His Majesty's dominions in America out of the said limits as aforesaid, all such ships, vessels, and boats, together with their cargoes. and all guns, ammunition, tackle, apparel, furniture, and stores, shall be forfeited, and shall and may be seized, taken, sued for, prosecuted, recovered, and condemned by such and the like ways, means, and methods, and in the same Courts, as ships, vessels, or boats may be forfeited, seized, prosecuted, and condemned for any offence against any laws relating to the revenue of customs, or the laws of trade and navigation, under any Act or Acts of the Parliament of Great Britain, or of the United Kingdom of Great Britain and Ireland; provided that nothing in this Act contained shall apply or be construed to apply to the ships or subjects of any Prince, Power, or vessels of any State in anity with His Majesty, who are entitled by Treaty with His Majesty to any privilege Power entitled of taking, drying, or curing fish on the coasts, bays, creeks, or harbours, or within the limits in this thereto bj Treaty. Act describeil. 3. Provided always, and be it enacted, that it shall and may be lawful for

any fisherman

American fishermen of the said United States to enter into any such bays or harbours of His Britannic Majesty's may enter such dominions in America as are last mentioned, for the purpose of shelter and repairing dainages harbours for the therein, and of purchasing wood, and of obtaining water, and for no other purpose whatever; purposes of subject nevertheless to such restrictions as may be necessary to prevent such fishermen of the repairing or

watering, subject said United States from taking, drying, or curing fish in the said bays or harbours, or in any other

to such regulations manner whatever abusing the said privileges by the said Treaty and this Act reserved to them, as may be issued to and as shall for that purpose be imposed by any Order or Orders to be from time to time made by prevent the abuse His Majesty in Council under the authority of this Act, and by any regulations which shall be of the Treaty. issued by the Governor or person exercising the office of Governor in any such parts of His Majesty's dominions in America, under or in pursuance of any such Order in Council as aforesaid. 4. And be it further enacted, that if any person or persons, upon requisition made by the

Penalty on persons Governor of Newfoundland, or the person exercising the office of Governor, or by any Governor refusing to remove or person exercising the office of Governor, in any other parts of His Majesty's dominions in or disobeying America as aforesaid, or by any officer or officers acting under such Governor, or person exercising orders, 2001. the office of Governor, in the execution of any orders or instructions from His Majesty in Council, shall refuse to depart from such bays or harbours; or if any person or persons shall refuse or neglect to conform to any regulations or directions which shall be made or given for the execution of any of the purposes of this Act; every such person so refusing or otherwise offending against this Act shall forfeit the sum of 2001., to be recovered in the Superior Court of Judicature of the Island of Newfoundland, or in the Superior Court of Judicature of the colony or settlement within or near to which such offence shall be committed, or by bill, plaint, or information in any of His Majesty's Courts of Record at Westminster; one moiety of such penalty to belong to His Majesty, his heirs, and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: Provided always, that any such suit or prosecution, if the same be committed in Newfoundland, or in any other colony or settlement, shall be commenced within three calendar months; and, if commenced in any of His Majesty's Courts at Westminster, within twelve calendar inonths from the time of the commission of such offence.

APPENDIX No. 3.

At the Court at Carlton House, the 19th June, 1819.

Present:

His ROYAL HIGHNESS THE PRINCE REGENT IN COUNCIL.

WHEREAS an Act was passed in the present session of Parliament, entitled “ An Act to enable His Majesty to make regulations with respect to the taking and curing fish in certain parts of the coasts of Newfoundland, Labrador, and His Majesty's other possessions in North America, according to a Convention made between His Majesty and the United States of America," wherein it is enacted, that “whereas a Convention between His Majesty and the United States of America was made and signed at London on the 20th day of October, 1818, and by the first article of the said Convention it is agreed that the inhabitants of the said United States shall have for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coasts of Labrador, to and through the Straits of Belleişle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and it was also by the said article of the said Convention agreed, that the American fishermen should have liberty for ever to dry and cure fish in any of the unsettled bays, barbours, and creeks of the southern part of the coast of Newfoundland above described, and of the coast of Labrador ; but that so soon as the same or any portion thereof should be settled, it should not be lawful for the said fishermen to dry or cure fish at such portion so settled without previous agreement for such purpose with the inhabitants, proprietors

, or possessors of the ground: And whereas it is expedient that His Majesty should be enabled to carry into execution so much of the said Convention as is above recited, and to make regulations for that purpose :” “it shall and may be lawful, from and after the passing of the said Act, for His Majesty, by and with the advice of His Majesty's Privy Council

, by any Order or Orders in Council to be from time to time made for that purpose, to make such regulations and to give such directions, orders, and instructions to the Governor of Newfoundland, or to any officer or officers on that station, or to any other person or persons whomsoever, as shall or may be from time to time deemed proper and necessary for the carrying into effect the purposes of the said Convention with relation to the taking, drying, and curing of fish by inhabitants of the United States of America in common with the British subjects, within the limits set forth in the said article of the said Convention, any Act or Acts of Parliament, or any law, custom, or usage to the contrary in anywise notwithstanding.” It is ordered by His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, and by and with the advice of His Majesty's Privy Council, in pursuance of the powers vested in His Majesty by the said Act, that the Governor of Newfoundland do give notice to all His Majesty's subjects being in or resorting to the said ports, that they are not to interrupt in any manner the aforesaid fishery so as aforeaaid allowed to be carried on by the inhabitants of the said United States in common with His Majesty's subjects on the said coasts, within the limits assigned to them by the said Treaty: and that the Governor of Newfoundland do conform himself to the said Treaty, and to such instructions as he shall from time to time receive thereon in conformity to the said Treaty, and to the above-recited Act, from one of His Majesty's Principal Secretaries of State, anything in His Majesty's Commission under the Great Seal, constituting him Governor and Commander-in-Chief in and over the said island of Newfoundland in America, and of the islands and territories thereunto belonging, or in His Majesty's general instructions to the said Governor, to the contrary notwithstanding; and His Royal Highness, in the name and on the behalf of His Majesty, doth hereby annul and make void each and every of the said general instructions which are or shall be deemed contrary to the intent and meaning of the said Convention and of the said Act. And the Right Honourable Earl Bathurst, one of His Majesty's Principal Secretaries of State, is to take the necessary measures therein accordingly.

(Signed) JAS. BULLER.

« PreviousContinue »