New-York tribune., 1907-10-29
THE FISHERIES MODUS.
BRITISH PUBLICATIONS..
Sir Robert Bonds 4crObatic States
manship on Viezc.
TFrom The Tribune Bureau1

Washington, Oct. 2S-Ofcial publications by
the British government received here within the
last day or two lend a touch of humor to the
Newfoundland fishery question The Premier Of
that gamecock little colony appears in these
publications I'm an acrobatic attitude quite cal
culated TO add to the gayety of nations. and at
the same time In familiar posture across the
knee of the Colonial Secretary, receiving an ad-
monition which the documents show to have
been called for.
Almost in the last days of the late conference
of colonial premiers in London last spring Sir
Robert Bond demanded nearly an entire session
for his recital Of his grievances against the
United States in connection with the fishery
rights under the treaty of 1918 He closed with
the following explicit and even vehement de-
nunciation Of the idea of submitting these
grievances in any form TO arbitration as unwar-
ranted by the facts and unjust to the colony:
It has been suggested that the matters in dis
pute might properly be submitted to arbitration.
] cannot see what there is to arbitrate upon
To my mind the only question is as to the
binding erect OF colonial laws upon American
citizens when they come within British 1uris-
dictiOn If II is intended 10 submit the treaty to
arbtratlon, then 1 contend that its terms
Gear that the privileges granted to the inha bi-
tants of the United States hereunder are not
set forth in language that is ambiguous. THe then
proceeds TO quote Vattel. TO the effect that the
clear meaning Of treaty must be accepted and
continues:l If, on the other hand. il is intended
/
respectfully contend that * would be derogatory
TO the Crown and in direct contravention TO the
constitutional right of the self-governing col
onies. 10 submit their statutes TO the arbtrament
OF any foreign power or Of any persons body
OF men.-Blue Book: Minutes Of Proceedings.
Colonial Conference, 1907. Page 600,
So far as the public knew. this was Sir Rob
ert Bonds last word on the question OF arbi-
traton. Meantime, he protested against the
newal Of the modus vivendi of last year. He
sE,,TF
fishermen should either use purse seines as here
tofore or recruit Observation-Disclosures as hereto
fore He refused to let the British government
know which of them he would prefer TO acqui-
esce in when it found that adjustment
without or the other impossible. He
refused TO make any other proposal looking
toward an adjustment.
Meantime the fishing season was approaching
the feet OF fishing boats was on the point of
sailing from Gloucester. and Sir Robert was thus
doing his best TO cause two great countries TO
drift into situation where any moment might
precpitate a collision. AT this stage the United
States Government proposed arbitration through
its Ambassador in London in the following let
ter, just published in a White Paper by the
British Foreign Office:
American Embassy. London,
18th July. 1901.
Sir: Referring TO your letter OF June 2oth. IN
relation 10 the Newfoundland fisheries, 1 beg
70 say that while its propositions seemed SO
much IN conflict with our views on the subject
that nay previous instructions would have
enabled 10 make an immediate reply, 4 has
tened lay them before my government
Before communicating the result, desire to
acknowledge and reciprocate to the fuH the
kindly expressions you have been good enough
TO use as 10 the moderation and fairness with
which Mr. Root has stated the American siue
n the case We have had the same appreciation
of yeur concuct Of the discussion, and we
share your wish TO bring the long standing
controversy on the subject 10 q satisfactory con-
clusion. without having added anything tenolHs
in the slightest degree 20 embitter IL
But with the utmost desire TO find in your
last letter some practicable basis for an agree
rnent, are unable 10 perceive II. A@cqul- @
escence in your present proposals would seem
70 equivalent 10 yielding al me Ei.aI m
in dispute ard abandoning our hshlhg tlshCs ois %
the coast of Newfoundland under the treaty Oh
1918 ,-,o,
without dwelling or minor points. on which
we would certainly make every EFFORT 10 meet
your views I may briefly say that IN our opll-
ION sustained py the observation of those pest
orIa1ifed 10 Judge, the surrender Of the right 10
hire local fishermen, who eagerly seek 10 nave
1,s enonIov them and the surrender at the same
,i,,e ~ fhe use of purse seines and of fishing
on sunday would under existing circumstances
render the treaty stipulation worthless TO US.
NV government holds this opinion so strongly
that the task Of reconciing il with the posltlohS
maintained in your letter Of June 2oth seems
In this conviction my government authorizes
ne and ! now have the honor to propose
reference Of the pending questions unugI IN rlio
treaty Of 1913 to arbitration be1ore Ihe t1dsue
Tribunal 49,. .,,,s
Wa have the greater reason 10 hope tnat inns
solution NAV be agreeable TO you since your
Ambassador 10 the United States recently sug-
pested some form of arbitration with a tempo
Tarv n,odue vivendi pending the decision as the
best way Of reaching a settlement. we n1Ps, Mp!
also that the reference Of such a long stahGlhs
question between two such nations at such n
time 10 the Hague Tribunal might prove ti an
trnportant step in promoting the spread OF tnts M
neaceful and friendly method OF adjusting uii IL .
ferences among all civilized countr1es OF tiio
- fhis proposition should be agreeable 10 you
should trust that the conclusion ,ttn, IlIgHo oe
ton in force meantime Of the moduS VI'eHut emu
had the honor of arranging WIN you 9.,t1sb !aJo
wear could work no real hardship 10 any BRUSH
Or colonial interest. In its practical operation
last wear II resulted in voluntary arrangements
bv which our fishermen gave up purse seIhes'
They did however employ NewfoIndla~1 hSiieI-
men We do not think the continued emp
rneDf of men so eager for the work and the
consequent influx Of their wages into the coloHy
could for the short time involved Work @ tIe
colony any harm. But II ZOE any Ieaeon 80
should find II unsuitable inconvenient 70
renew For so short a time this feature or the
nodus vivendi, should be coTnpelled 10 @ IStSs ~
the of purse seines for the reason a. es go
stated. To give that up, too, we shoulu con %
Fider under existing circumstances as BlNlhs uP
altogether our treaty rights Of fishing on that
coast. s
Hoping that in these proposals we nave IIlaue
an offer not only indicating our earnest desire
70 reach a mutually satisfactory arrangeIri
but an honorable and agreeable means OF oolns
so. have the honor tc be, with the nlsSSc lstI - ~
want. (signed) WHITELAM hE1D. FL.
To the Right Honorable Sir Edward Grey Bar'''
etc. etc, etc, Foreign ONCE.
It has been known for some time that within
about a week after the receipt of this letter the
Brush government accepted the proposal Of ar
bitration in principle and took steps for the ar
rengement of the details Of submission