Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I
The Acting Secretary of State to Chargé Carter.
Department of State,
Washington, December 12, 1906.
No. 354.]Washington, December 12, 1906.
Sir: With reference to the Newfoundland fishery question, I quote for your information the substance of a telegram, dated the 6th instant, from Fisheries Agent Alexander:
“Fishermen fuify aware importance complying with the requirements of modus vivendi. No further trouble expected on account fishing Sunday.”
I am, etc.,
Robert Bacon,
Acting Secretary.
Acting Secretary.
APPENDIX.
correspondence respecting the newfoundland fisheries.a
Table of contents.
| No | Name. | Date. | Subject. | page. |
| 1 | Mr. Root to Sir M. Durand. | Oct. 12, 1905 | Requests an interview with his excellency with regard to the alleged interference by the Newfoundland government with United States fishermen on the treaty shore. | 1 |
| 2 | do | Oct. 19, 1905 | Informs of views of the United States Government regarding the position of affairs on the coast of Newfoundland and the rights of American fishing vessels in those waters under the treaty of 2uth October, 1818. | 1 |
| 3 | To Mr. Whitelaw Reid | Feb. 2, 1906 | See No. 2. Views of United States Government have received the serious attention of His Majesty’s Government. Transmits a memorandum dealing seriatim with the six propositions formulated by Mr. Root, and with his observations respecting some of the provisions of recent Newfoundland legislation for the regulation of the fisheries. | 5 |
| 4 | Mr. Whitelaw Reid | July 20, 1906 | See No. 3. The foreign office memorandum has had Mr. Root’s careful consideration. Transmits a letter from Mr. Root giving reasons which prevent his agreement with several of the views therein stated. Requests that American fishermen exercising treaty rights shall not be interfered with by the Newfoundland government. | 10 |
| 5 | Sir M. Durand | July 18, 1906 | Transmits cuttings from Boston newspapers respecting Newfoundland fisheries. It appears State Department hold that the Newfoundland regulation prohibiting purse seining is unreasonable as against American fishermen. | 16 |
| 6 | The Earl of Elgin to Sir W. MacGregor. | Aug. 6, 1906 | Transmits No. 4. Mr. Root’s letter is engaging the careful attention of His Majesty’s Government. | 17 |
| 7 | The Earl of Elgin (telegraphic). | Aug. 8, 1906 | See No. 6. His Majesty’s Government are informing the United States Government of their willingness, pending further discussion of questions at issue, and without prejudice to such discussion, to negotiate a provisional arrangement for the ensuing fishery season. To report whether Newfoundland government have any suggestions to offer as to the nature of the agreement. | 18 |
| 8 | Sir W. MacGregor (telegraphic). | (Received Aug. 14). | Will reply to No. 7 without unnecessary delay. Newfoundland government assume that His Majesty’s Government regard their consent as the essential preliminary to any modification of territorial or maritime rights. | 19 |
| 9 | To Mr. Whitelaw Reid | Aug. 14, 1906 | Acknowledges No. 4. His Majesty’s Government are ready to confer with United States Government with a view to some arrangement for ensuing fishery season. | 19 |
| 10 | Sir W. MacGregor (telegraphic). | (Received Aug. 16). | Has received from his ministers comprehensive reply to Nos. 6 and 7. | 19 |
| 11 | To Sir W. MacGregor (telegraphic). | Aug. 17, 1906 | See No. 10. To telegraph brief summary | 19 |
| 12 | Mr. Whitelaw Reid | Aug. 16, 1906 | Acknowledges No. 9 | 20 |
| 13 | To Sir W. MacGregor (telegraphic). | Aug. 19, 1906 | See No. 8. No question of ceding or exchanging rights at present enjoyed by community of Newfoundland. Explains object of proposed provisional arrangement. | 20 |
| 14 | Sir W. MacGregor (telegraphic). | do | See No. 11. Transmits summary. Newfoundland government can not admit claims of United States Government. | 20 |
| 15 | do | (Received Aug. 22). | See No. 13. Committee of council strongly urge issue of proclamation to bring into force “foreign fishing vessels act, 1906,” and deprecate any provisional arrangement with the United States. | 22 |
| 16 | Sir W. MacGregor | Aug. 20, 1906 | See No. 14. Transmits copy of minute of council prepared by his ministers after receipt of No. 7. | 22 |
| 17 | do | do | Refers to No. 13. Transmits copy of letter to Sir R. Bond, calling his attention to fact that Newfoundland government had offered no suggestions that would facilitate the preparation of the proposals that His Majesty’s Government desire to submit to the United States Government to establish a modus vivendi. | 27 |
| 18 | To Sir W. MacGregor (telegraphic). | Sept. 3, 1906 | His Majesty’s Government have received No. 14 with much disappointment. Informs of nature of their proposal to the United States Government. | 28 |
| 19 | Sir W. MacGregor (telegraphic). | do | Refers to No. 18. Are Newfoundland government ready to indemnify His Majesty’s Government against any claims for compensation preferred by United States Government, and to agree to reference to arbitration, and to meet expenses of such arbitration? | 29 |
| 20 | To Mr. Whitelaw Reid | do | See No. 9. Submits proposals for a provisional arrangement. | 29 |
| 21 | To Sir W. MacGregor | Sept. 7, 1906 | Acknowledges No. 17. Approves terms of letter to Sir R. Bond. | 30 |
| 22 | Sir W. MacGregor (telegraphic). | (Received Sept. 8) | 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. | 30 |
| 23 | Memorandum communicated by Mr. Whitelaw Reid. | Sept. 12, 1906 | 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. | 30 |
| 24 | To Sir W. MacGregor (telegraphic). | Sept. 13, 1906 | Refers to No. 22. Proposals for modus vivendi, including suspension of act No. 1 of 1906, made to United States ambassador on September 3. | 31 |
| 25 | Sir W. MacGregor (telegraphic). | (Received Sept. 15) | Newfoundland government have learned with profound regret that His Majesty’s Government 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. | 31 |
| 26 | To Sir W. MacGregor (telegraphic). | Sept. 19, 1906 | Informs of nature of United States memorandum on subject of modus vivendi (see No. 23). His Majesty’s Government propose to consent to use of purse seines. | 31 |
| 27 | Sir W. MacGregor (telegraphic). | do | Refers to No. 25. Obervations on | 32 |
| 28 | Sir W. MacGregor | Sept. 7, 1906 | Refers to Nos. 18 and 19. Transmits copy of a minute of committee of council justifying policy of Newfoundland government. | 32 |
| 29 | To Sir M. Durand | Sept. 20, 1906 | Informed American ambassador of No. 26 | 36 |
| 30 | To Sir W. MacGregor | do | Acknowledges No. 25. Reasons why His Majesty’s Government can not indorse policy of Newfoundland government, and why they concluded a modus vivendi with United States Government. | 37 |
| 31 | Sir W. MacGregor (telegraphic). | (Received Sept. 21) | See No. 26. Newfoundland government can not 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. | 38 |
| 32 | Memorandum communicated to Mr. Whitelaw Reid. | Sept, 25, 1906 | 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. | 38 |
| 33 | To Sir M. Durand | Sept. 26, 1906 | Views of Mr. Whitelaw Reid 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. | 39 |
| 34 | To Sir W. MacGregor (telegraphic). | Sept. 29, 1906 | Refers to No. 31. United States ambassador informed on 25th September that His Majesty’s Government consented to use of purse seines on certain conditions. | 39 |
| 35 | Sir W. MacGregor (telegraphic). | (Received Sept. 29) | Reports arrival of American schooner at Bonne Bay with purse seines. Newfoundland government desire to know whether they are free to enforce colonial customs and fishery laws. | 40 |
| 36 | To Sir W. MacGregor (telegraphic). | Oct. 1, 1906 | Informs of a private suggestion made by United States ambassador that Newfoundland government should suspend for fishing season prohibition to engage crews in territorial waters, in return for which United States vessels would stop using purse seines after 1st November. | 40 |
| 37 | To Sir M. Durand | do | Informed Mr. Carter that above proposal had been telegraphed to Newfoundland government. Question of date on which modus vivendi would be put in force. | 40 |
| 38 | Sir W. MacGregor (telegraphic). | (Received Oct. 4) | Refers to No. 36. Newfoundland government unable to accept proposed arrangement with regard to purse seines. | 41 |
| 39 | Memorandum communicated to Mr. Carter. | Oct. 4, 1906 | Informs of above. Asks for views of United States Government on the modus vivendi proposals contained in No. 32. | 41 |
| 40 | Sir W. MacGregor (telegraphic). | (Received Oct. 5) | 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 preserve the peace. | 41 |
| 41 | Mr. Whitelaw Reid | Oct. 6, 1906 | Refers to No. 32. Authorized to ratify a modus vivendi in regard to Newfoundland fishery question on the basis of the foreign office memorandum. | 42 |
| 42 | To Sir W. MacGregor (telegraphic). | do | See No. 34. Informs of No. 41 | 42 |
| 43 | Sir W. MacGregor (telegraphic). | do | Refers to No. 40. His Majesty’s ship Brilliant ordered to remain in Newfoundland waters until end of season. | 43 |
| 44 | To Mr. Whitelaw Reid | Oct. 8, 1906 | Acknowledges No. 41. Government of Newfoundland informed. | 43 |
appendices.
| Appendix | No. | 1 | —Article I of convention between His Britannic Majesty and the United States of America. Signed at London, October 20, 1818 | 44 |
| No. | 2 | —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 | 44 | |
| No. | 3 | —Order in council of June 19, 1819 | 46 | |
| No. | 4 | —An act to amend and consolidate the laws relating to the exportation and sale of bait fishes, passed June 1, 1889 | 47 | |
| No. | 5 | —Newfoundland foreign fishing vessels act, 1893 | 50 | |
| No. | 6 | —Convention between Great Britain and the United States of America for the improvement of commercial relations between the United States and His Britannic Majesty’s colony of Newfoundland, signed November 8, 1902 | 51 | |
| No. | 7 | —Speech by Sir R. Bond on second reading of foreign fishing vessels bill of 1905, delivered April 7, 1905 | 53 | |
| No. | 8 | —Speech by Sir R. Bond in moving house of assembly into committee on “the foreign fishing vessels bill, 905,” delivered April 12, 1905 | 61 | |
| No. | 9 | —Newfoundland foreign fishing vessels act, 1905 | 67 | |
| No. | 10 | —Speech by Sir R. Bond on the second reading of a bill respecting foreign fishing vessels, 1906, delivered May 4. 1906 | 68 | |
| No. | 11 | —Newfoundland foreign fishing vessels act, 1906 | 70 |
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