Ambassador Reid to
the Secretary of State.
American Embassy,
London, September 7,
1906.
No. 250.]
Sir: I have the honor to confirm my telegram of
September 6 summarizing the modus vivendi in the Newfoundland fisheries
for this year offered by His Majesty’s Government. I send herewith a
copy of this telegram and a copy of the note from Mr. Campbell, one of
the assistant undersecretaries of state, acting for Sir Edward Grey in
his absence, in which the proposal summarized in the cable dispatch was
made.
I have merely acknowledged this letter and said that I had hastened to
acquaint you with its proposal.
I have the honor to be, sir, your obedient servant,
[Inclosure.]
Mr. Campbell to
Ambassador Reid.
Foreign Office, September 3, 1906.
Your Excellency: In my note of the 14th
August I stated that His Majesty’s Government hoped shortly to be
able to submit to the Government of the United States proposals for
a provisional arrangement which would secure the peaceful and
orderly conduct of the forthcoming herring fishery on the coast of
Newfoundland. I have now the honor, on the understanding mentioned
in my note, viz, that the arrangement would be in the nature of a
modus vivendi to be applicable only to the ensuing season, and not
in any way to affect the rights and claims of either party to the
convention of 1818, to submit the following proposals, viz:
- I.
- His Majesty’s Government will not bring into force the
Newfoundland foreign fishing vessels act, 1906, which
imposes on United States fishing vessels certain
restrictions in addition to those imposed by the act of
1905.
- II.
- The provisions of the first part of section 1 of the act
of 1905 as to boarding and bringing into port and the whole
of section 3 of the same act will not be regarded as
applying to the United States fishing vessels.
- III.
- The United States Government will in turn direct their
fishermen to comply with the colonial fishery regulations,
as was in fact done last year with the exception of certain
breaches of the prohibition of Sunday fishing.
- IV.
- The demand for payment of light dues will be waived by His
Majesty’s Government.
- V.
- The United States Government will direct the masters of
United States fishing vessels to comply with the provisions
of the colonial customs laws as to reporting at a
customs-house on arrival in and departure from colonial
waters.
- 2.
- As regards Head III of this arrangement, I would point out
that of the three restrictions which the colonial fishery
regulations impose on the herring fishery in the waters open
to United States fishermen the first, viz, the prohibition
of “purse” seines, is in force in all the waters of the
colony. It is also in force in all the waters of Canada. The
second, the prohibition of herring traps, is also in force
in Placentia, St. Maty’s, and Fortune bays and in the
district of Twillingate. The third, the prohibition of
“herring” seines, is in force also, subject to some
reservations as to baiting purposes, in the inner waters of
Placentia Bay and in certain waters on the northeast coast.
The application of these three restrictions to the herring
bays of the west coast is, of course, prior to and not in
any way connected with the present policy of the colonial
government, and His Majesty’s Government have the testimony
of the naval officers who have been employed on the treaty
coast as to the destructive results of the use of seines.
His Majesty’s Government therefore hope that the United
States Government will recognize that His Majesty’s
Government are, apart from any question of right, acting in
the interests of the continuation of the common fishery in
proposing as a part of the provisional arrangement
compliance with the three restrictions mentioned.
- The fourth restriction, viz, the prohibition of Sunday
fishing, is of general application throughout the colony and
is also in force in Canada. Having regard to the duration of
the fishing season and to other circumstances, His Majesty’s
Government do not feel that compliance with this prohibition
involves any material inconvenience to United States
fishermen. On the other hand, in view of the strong feeling
against Sunday fishing which prevails in the colony, the
disregard of it is fraught with possibilities of serious
disorder. It is therefore hoped that the United States
Government will assist His Majesty’s Government in the
maintenance of peaceable relations between the two sets of
fishermen by not countenancing any breach of the prohibition
during the ensuing season.
- 3.
- As regards Head V, as explained in the memorandum
communicated to your excellency on the 2d of February, a
call at a customs-house, whether on entering or on leaving
the waters of the colony, need involve no interference with
a vessel’s fishing operations, and is in itself a
requirement which may be reasonably made in the interests
not only of the colonial revenue but of the United States
fishermen.
- 4.
- I trust that you will be able to inform me at an early
date that the arrangement outlined above is agreed to by
your Government.
I have, etc.,
F. A.
Campbell.
(In the absence of the Secretary of
State.)
