Ambassador Reid to
the Secretary of State.
American Embassy,
London, October 10,
1906.
No. 267.]
Sir: Referring to previous correspondence,
transmitting the papers that have passed between this embassy, the State
Department, and the foreign office with reference to the recent
negotiations for a modus vivendi for this season as to the Newfoundland
fisheries, I beg now to inclosea the three latest telegrams received from you on the
subject, as deciphered in this office, together with the text of the
agreement between the two Governments embodied under your authority in
my letter to Sir Edward Grey of October 6, and in reply [Page 701] of October 8 by Sir E. Gorst, acting
for Sir Edward Grey in his absence.
While not objecting to the word “penalized” in the second paragraph of my
note, Sir E. Gorst said in conversation with Mr. Carter, who had been
sent to show him the draft of it, that he supposed it referred merely to
our vessels. I have made no reply to this remark.
Imperfect statements of the substance of this modus vivendi, telegraphed
here from Newfoundland and from the United States, have led to
considerable criticism in the opposition press. I append a semiofficial
statement,a cut from
the Times of this morning, which seems to have been thus drawn out from
the foreign office, and also editorialsa from the Times, Standard, and Morning Post.
I have, etc.,
[Inclosure 1.]
The American
Ambassador to the British Foreign
Office.
American Embassy,
London, October 6,
1906.
Modus vivendi between the United States and Great
Britain in regard to inshore fisheries on the treaty coast of
Newfoundland.—Agreement effected by exchange of notes at London,
October 6–8, 1906.
Sir: 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 of September, 1906, in which you accept the arrangement set out
in my memorandum of the 12th of September 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 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 [Page 702] 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 modus
vivendi on the part of my Government.
I have the honor to be, with the highest consideration, sir,
Your most obedient, humble servant,
The Right Hon. Sir Edward Grey,
Bt.,
Etc., etc., etc.
[Inclosure 2.]
The British Foreign
Office to the American
Ambassador.
Foreign Office, October 8, 1906.
No. 34002.]
Your Excellency: 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 honor 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 the honor to be, with the highest consideration,
Your excellency’s most obedient, humble servant,
E. Gorst
,
(In the
absence of the Secretary of State.)
His Excellency the Honorable Whitelaw
Reid,
Etc., etc., etc.
[Inclosure 3.]
memorandum.
My Government hears with the greatest concern and regret that in the
opinion of His Majesty’s Government there is so wide a divergence of
views with regard to the Newfoundland fisheries that an immediate
settlement is hopeless.
But it is much gratified with His Majesty’s Government’s desire to
reach a modus vivindi for this season, and appreciates the readiness
to waive the foreign fishing vessels act of 1906. This and other
restrictive legislation had compelled our fishermen to use purse
seines or abandon their treaty rights.
[Page 703]
My Government sees in the offer not to apply section 3, act of 1905,
and that part of section 1 relating to boarding fishing vessels and
bringing them into port fresh proof of a cordial disposition not to
press unduly this kind of regulation.
Our fishermen will also gladly pay light dues, if not hindered in
their right to fish. They are not unwilling, either, to comply with
the regulation to report at custom-houses, when possible. It is
sometimes physically impossible, however, to break through the ice
for that purpose.
Most unfortunately the remaining proposals, those as to purse seining
and Sunday fishing, present very grave difficulties.
We appreciate perfectly the desire of His Majesty’s Government to
prevent Sunday fishing. But if both this and purse-seine fishing are
taken away, as things stand there might be no opportunity for
profitable fishing left under our treaty rights. We are convinced
that purse seines are no more injurious to the common fishery than
the gill nets, commonly used—are not, in fact, so destructive and do
not tend to change the migratory course of the herring as gill nets
do, through the death of a large percentage of the catch and
consequent pollution of the water.
The small amount of purse seining this season could not, of course,
materially affect the common fishery anyway. Besides, many of our
fishermen have already sailed with purse seines, as usual, and the
others are already provided with them. This use of the purse seine
was not the free choice of our fishermen. They have been driven to
it by local regulations, and the continued use of it at this late
date this years seems vital.
But we will renounce Sunday fishing for this season if His Majesty’s
Government will consent to the use of purse seines, and we can not
too strongly urge an acceptance of this solution.
American Embassy, London, September 12,
1906.
[Inclosure 4.]
memorandum.
His Majesty’s Government have considered, after consultation with the
government of Newfoundland, the proposals put forward in the
memorandum communicated by the United States ambassador on the 12th
instant, respecting the suggested “modus vivendi” in regard to the
Newfoundland fishery question.
They are glad to be able to state that they accept the arrangement
set out in the above memorandum and consent accordingly to the use
of purse seines by United States fishermen during the ensuing
season, subject, of course, to due regard being paid, in the use of
such implements, to other modes of fishery.
His Majesty’s Government trust that the United States Government will
raise no objection to such a stipulation, which is only intended to
secure that there shall be the same spirit of give and take and of
respect of 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.
They further hope that, in view of this temporary authorization of
the purse seines, the United States Government will see their way to
arranging that the practice of engaging Newfoundland fishermen just
outside the 3-mile limit, which, to some extent, prevailed last
year, should not be resorted to this year.
An arrangement to this effect would save both His Majesty’s
Government and the Newfoundland government from embarrassment which,
it is conceived, having regard to the circumstances in which the
“modus vivendi” is being settled, the United States Government would
not willingly impose upon them. Moreover, it is not in itself
unreasonable, seeing that the unwillingness of the United States
Government to forego the use of purse seines appears to be largely
based upon the inability of their fishermen to engage local men to
work the form of net recognized by the colonial fishery
regulations.
The United States Government assured His Majesty’s late Government in
November last that they would not countenance a specified evasion of
the Newfoundland foreign fishing vessels act, 1905, and the proposed
arrangement would appear to be in accordance with the spirit which
prompted that assurance.
Foreign Office, September 25, 1906.
