R
31448
No. 83.
(NEWFOUNDLAND.)
SOLICITOR-GENERAL to COLONIAL OFFICE.
[Modus Vivendi with the United States of America with reference to the Fishery Season for 1907: Whether terms of draft Order in Council approved by Law Officers on 30th November, 1906,* are sufficient to secure American vessels against interference whilst engaged in the exercise if the right of fishery.]
MY LORD,
Law Officers' Department.
Royal Courts of Justice, September 2, 1907. I was honoured with Your Lordship's commands, signified to me in Mr. C. P. Lucas's letter of the 29th of August last, stating that in our report of the 30th of November. 1906,* the Attorney-General and myself were so good as to advise Your Lordship on the terms of a draft Order in Council which it was proposed to issue if necessary, in order to give effect to the modus vivendi of 1906 with the United States Government regarding the fisheries of Newfoundland.
That Your Lordship now feared that it would be necessary to issue an Order in Council to give effect to the terms of a modus vivendi which must very shortly be concluded in respect of the fishery season for 1907, although Your Lordship was still in correspondence with the Governor of Newfoundland, with a view to securing the co-operation in carrying out the arrangements proposed. That it was contem- plated that this modus vivendi should be based on that for 1906 (see pp. 42, 43 of (Cd. 3262]), save that the United States vessels would not be permitted to make use of purse seines.
That Your Lordship would accordingly be glad to learn whether, in my opinion, the terms of the draft Order in Council appended to the Law Officers' report of the 30th of November were sufficient to secure American vessels against interference while engaged in the exercise of the right of fishery. That it was not desired to afford any protection to the fishermen of Newfoundland who engaged themselves on American vessels beyond the fact that they could not be arrested or interfered with while actually on these vessels.
That Mr. Lucas was to ask that my reply to this question might be forwarded to the Colonial Office not later than the 2nd of September; since, if an Order in Council was to be issued it would require to be passed at the Council which the King proposed to hold at the Embassy at Vienna on the 7th of September.
I have taken the matter into my consideration and, in obedience to Your Lordship's commands, have the honour to
Report-
That, in my opinion, the terms of the draft Order in Council appended to the report of the 30th of November, 1906, are sufficient to secure American vessels against interference while engaged in the exercise of the right of fishery conferred hy the Convention of 1818.
The Right Honourable
The Earl of Elgin, K.G..
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• No. 55.
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I have, &c..
W. S. ROBSON.
PUBLIC RECORD OFFICE
C.O.885
Reference :-
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