Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-22
MODUS VIVENDI TEXT
AGREEMENT RELATIVE TO THE
NEWFOUNDLAND FISHERIES.

The State Department has made public
the text of the so-called modus vivendi
relative to the Newfoundland fisheries. In
stead of taking the form of treaty the
arrangement is embed ed in correspondence
passing between the British foreign office
and Mr.. Reid, United States ambassador
to London.
Ambassador Reds Letter.
Under date Of October the ambassador
wrote to the British office as follows:
II am authorized by my government to
ratify a modus vivendi in regard to the
Newfoundland fishery questions on the
basis of the foreign office memorandum
dated the 18th of September, 1896, in which
you accept the arrangement set out in my
memorandum of the 18th 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 i'm
plementS 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 Sc mes and
the users of stationary nets as would be
expected to exist If both sets of fisher
men employed the same gear.
My government understand by this that
the use of purse seineS by American fish
ermen is not to be interfered with and
that the Shipment of Observation-Disclosures by
American fishermen outside the three-m lie
limit is not to be made the basis of in
reference or to be penafZed; at the same
time they are glad to assure II ma jeSty 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
ION 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.
1T is further understood that his ma
jesty's government will not bring into force
the Newfoundland foreign fishing vessels
act of 1905, which imposes on American
fishing vessels certain restrictions in ad-
diton to those imposed by the act of 1905
and also that the provisions of the first
part of section / of the act of 1908, as to
boarding and bringing into port, and also
the whole of section of the same act,
will not be regarded as applying to Ameri-
can fishing vessels. 1t also being under
stood 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 pro-
visions of the colonial customs law as to
reporting at a custom house when physi-
cally possible to do SO.
Il need not add that my government
are most anxious that the provisions of
the modtlS viVendi should be made effective
at the earliest possible moment. l 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 gov
eminent"
Reply at the Foreign Office.
Under date of October the British for
egn office replied to Ambassador Reid as
follows:
Il have received with satisfaction the
note of the 9th instant in which your ex-
cellency states that you have been au-
thoriZed by your government to ratify a
modus vivendi in regard to the Newfound-
land fishery question on the basis of the
memorandum which l had the honor to
communicate to you on the 25th ultimo
and l am glad to assure your excelency
that the note in question will be consid-
cred by his majestys government as a
sufficient ratification of that arrangement
on the part of the United States govern
ment.
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 pos
sible, and the necessary instructions for
it's observance We're accordingly sent to
the government of Newfoundland imme-
diately on receipt of your excellency's COM
munication.''