of the United States in Morocco will be accorded to British Patents of Invention, duly registered in the United States, on condition that protection under the same conditions shall be assured in Morocco by the British Authorities to American patents of invention. Accept Mr. Minister and dear Colleague the assurance of my high consideration, His Excellency Mr. GERARD LOWTHER, S. R. GUMMERÉ. Tangier. MR. MINISTER AND DEAR COLLEAGUE: TANGIER, June 20th 1907. In reply to your letter of April 29th, I have the honor to inform you that I am authorized by my Government to declare to you that protection will be accorded by the British Consular Tribunals in Morocco to the Patents of Inventions of the United States of America, which have been duly registered in England in conformity with the "Patents, Designs and Trade-Marks, Acts 1883 to 1902 ", and that I am prepared to give instructions to that effect to the British Consular Officers, to the end that the accord shall enter into force immediately. May I hope that Your Excellency will give similar instructions to the Consular officials of the United States of America. I take this occasion, Mr. Minister and dear Colleague to renew the assurances of my very high consideration. His Excellency Mr. S. R. GUMMERÉ, GERARD LOWTHER. etc., etc., etc., Tangier. Minister of the United States of America, MR. MINISTER AND DEAR COLLEAGUE: TANGIER, June 24th, 1907. I have the honor to acknowledge the receipt of your letter of the 20th of June informing me that you are authorized by your Government to declare that protection will be accorded by the British Consular Tribunals in Morocco to Patents of Invention of the United States of America, which have been duly registered in England, in conformity with the "Patents Designs and Trade-Marks, Acts 1883 to 1902", and that you are ready to give instructions to that effect to the British Consular Officials to the end that the accord shall be put in force at once. I have the honor to inform Your Excellency that I am also authorized by my Government to declare to you that protection will be accorded by the American Consular Tribunals in Morocco to [British] Patents of Invention duly registered in the United States and that I will give instructions to that effect to the American Consular Officers to the end that the accord shall be entered into at once. Pray accept, Mr. Minister and dear Colleague the assurance of my high consideration. S. R. GUMMERÉ. His Excellency Mr. GERARD LOWTHER, H.B. M. Minister, etc., etc., etc., Tangier. 1907.@ MODUS VIVENDI BETWEEN THE UNITED STATES AND GREAT BRITAIN IN REGARD TO INSHORE FISHERIES ON THE TREATY COAST OF NEW FOUNDLAND. Agreement effected by exchange of notes at London September SIR: 4-6, 1907. The American Ambassador to the British Foreign Office. I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows: It is agreed that the fisheries shall be carried on during the present year substantially as they were actually carried on for the most of the time by mutual agreement, under the Modus Vivendi of 1906. (1) It is 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 One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2) In consideration of the fact 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, my Government waives the use of purse seines by American fishermen during the term governed by this agreement, and also waives the right to fish on Sundays. (3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact three-mile limit to avoid reasonable doubt. (4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will 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 is most anxious that the provisions of this Modus Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual presence of our fishing fleet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Government has every desire to make the arrangement, pending arbitration, as agreeable as possible to the Newfoundland authorities consistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from the Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement between the Newfoundland authorities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season's fishing had been made and the voyage begun, my Government will be ready to consider such changes with you in the most friendly spirit, and if found not to compromise our rights, to unite with you in ratifying them at once. a See modus vivendi 1908, p. 832. I am glad to be assured by you that this note will be considered as sufficient ratification of the Modus Vivendi on the part of my Government. I have the honor to be, with the highest consideration, Sir, Your most obedient humble servant, WHITELAW REID. The Right Honorable SIR EDWARD GREY, Baronet, &c &c &c The British Foreign Office to the American Ambassador. FOREIGN OFFICE, September 6th, 1907 YOUR EXCELLENCY. I have the honour to acknowledge the receipt of Your Excellency's note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fisheries, which you are authorized by your Government to ratify. I am glad to assure your Excellency that His Majesty's Government agrees to the terms of the Modus Vivendi and that your Excellency's note will be considered by His Majesty's Government as a sufficient ratification of that arrangement on the part of His Majesty's Government. His Majesty's Government fully shares the desire of your Government that the provisions of the Modus Vivendi should be made effective at the earliest possible moment, and the necessary steps will be taken by His Majesty's Government to secure its observance. His Majesty's Government takes note of the conciliatory offer of the United States Government to consider in a most friendly spirit any changes in the Modus Vivendi, which may be agreed upon locally between the Newfoundland authorities and the United States fishermen and which may be acceptable both to the United States Government and to His Majesty's Government. I have the honour to be, with the highest consideration, Your Excellency's most obedient humble servant, His Excellency The Honorable WHITELAW REID, E. GREY 1907. &c &c &c BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION." Whereas the Government of His Britannic Majesty has entered into a Commercial Agreement with the United States providing for the application of the minimum rate under the third section of the Tariff Act of the United States approved July 24, 1897, to works of art, being the product of the industry of the United Kingdom, in return for the free admission of samples of dutiable goods brought into the territory of the United Kingdom by commercial travelers of the United States, by which Agreement, in the judgment of the President, reciprocal and equivalent concessions are secured in favor of products of the United States; Therefore, be it known that I, THEODORE ROOSEVELT, President of the United States of America, acting under the authority conferred by said Act of Congress, do hereby suspend during the continuance • Terminated February 7, 1910, on notice given by the United States. in force of said Agrecment the imposition and collection of the duties imposed by the first section of said act upon the articles hereinafter specified, being the products of the industry of the United Kingdom of Great Britain and Ireland, and do declare in place thereof the rate of duty provided in the third section of said act to be in force, as follows: Paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this fifth day of December, in the year of our Lord one thousand nine hundred and seven, [SEAL.] and of the Independence of the United States of America the one hundred and thirty-second. By the President: Secretary of State. THEODORE ROOSEVELT The Government of the United States of America and the Government of His Britannic Majesty, being desirous of facilitating and extending the commercial relations existing between their respective countries, but without prejudice to the views held by each of them as to the interpretation of the "most-favoured-nation " Article of the Convention of Commerce between the two countries signed at London on the 3rd July, 1815, mutually agree as follows:1. In order to facilitate the clearance through the Customs Department of the United Kingdom of samples of dutiable goods brought into the territory of the United Kingdom by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders, and not for sale, His Majesty's Government agrees that the marks, stamps, or seals placed upon such samples by the Customs authorities of the United States of America at the time of exportation, and the officially attested list of such samples, containing a full description thereof issued by the proper authority, shall be accepted by the Customs officials of the United Kingdom as establishing their character as samples, and exempting them from inspection on importation, except so far as may be necessary to establish that the samples produced are those enumerated on the list. The Customs authorities of the United Kingdom may, however, affix a supplementary mark to such samples in special cases where they may think this precaution necessary. 2. The Government of the United States of America agrees to extend to the United Kingdom the special reduction of duty on paintings in oil or water colours, pastels, pen and ink drawings, and statuary, being the product of the industry of the United Kingdom, authorized under section 3 of the Tariff Act of the United States, approved the 24th July, 1897. 3. This agreement shall continue in force until six months from the date when either party shall notify the other of its intention to terminate it. Done in duplicate at London, the 19th day of November, 1907. SEAL SEAL WHITELAW REID. 1908. ARBITRATION CONVENTION. Signed at Washington April 4, 1908; ratification advised by the Senate April 22, 1908; ratified by the President May 11, 1908; ratifications exchanged at Washington June 4, 1908; proclaimed June 5, 1908. I. Differences to be submitted. II. Special agreement. ARTICLES. III. Ratification. The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, desiring in pursuance of the principles set forth in Articles 15-19 of the Convention for the pacific settlement of international disputes, signed at The Hague July 29, 1899, to enter into negotiations for the conclusion of an Arbitration Convention, have named as their Plenipotentiaries, to wit: The President of the United States of America, Elihu Root, Secretary of State of the United States, and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, The Right Honorable James Bryce, O. M., who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th of July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof; His Majesty's Government reserving the right before concluding a special agreement in any matter affecting the interests of a self governing Dominion of the British Empire to obtain the concurrence therein of the Government of that Dominion. Such Agreements shall be binding only when confirmed by the two Governments by an Exchange of Notes. ARTICLE III. The present Convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by his Britannic Majesty. The ratifications shall |