The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, being equally desirous to provide for the surveying and marking out upon the ground of the said astronomical line established by existing treaties, and thus to remove any possible cause of difference between their respective governments in regard to the location of the said 141st meridian of West Longitude, have resolved to conclude a convention to that end, and for that purpose have appointed their respective plenipotentiaries: The President of the United States of America, The Honorable Elihu Root, Secretary of State of the United States, and His Britannic Majesty, The Right Honorable Sir H. Mortimer Durand, G.C.M.G., K.C.S.I., K.C.I.E, His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, which were found in due and proper form, have agreed to and concluded the following articles: ARTICLE I Each Government shall appoint one Commissioner with whom may be associated such surveyors, astronomers and other assistants as each Government may elect. The Commissioners shall at as early a period as practicable ascertain by the telegraphic method a convenient point on the 141st meridian of West Longitude and shall then proceed under their joint direction and by their joint operations in the field, to trace and mark so much of a north and south line passing through said point as is necessary to be defined for determining the exact boundary line as established by the said Convention of 28/16 February, 1825, between the possessions in America of His Britannic Majesty, and the adjacent possessions in America formerly belonging to His Majesty The Emperor of all the Russias and ceded to the United States by the said Treaty of 30th March, 1867. ARTICLE II The location of the 141st meridian as determined hereunder shall be marked by intervisible objects, natural or artificial, at such distances apart as the Commissioners shall agree upon and by such additional marks as they shall deem necessary, and the line when and where thus marked, in whole or in part, and agreed upon by the Commissioners, shall be deemed to define permanently for all international purposes the 141st meridian mentioned in the treaty of February 28/16, 1825, between Great Britain and Russia. The location of the marks shall be described by such views, maps and other 308-581-74- -19 means as the Commissioners shall decide upon, and duplicate records of these descriptions shall be attested by the Commissioners jointly and be by them deposited with their respective Governments, together with their final report hereinafter mentioned. ARTICLE III Each Government shall bear the expenses incident to the employment of its own appointees and of the operations conducted by them, but the cost of material used in permanently marking the meridian, and of its transportation and erection in place, shall be borne equally and jointly by the two Governments. ARTICLE IV The Commissioners shall diligently prosecute the work to its completion and they shall submit to their respective Governments from time to time, and at least once in every calendar year, a joint report of progress, and a final comprehensive report upon the completion of the whole work. ARTICLE V The present convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifications shall be exchanged at Washington or at London as soon as possible. In faith whereof, we the respective plenipotentiaries have signed this convention and have hereunto affixed our seals. Done in duplicate at Washington this twenty-first day of April, in the year of our Lord one thousand nine hundred and six. NEWFOUNDLAND FISHERIES Exchange of notes at London October 6 and 8, 1906, with memorandums dated September 12 and 25, 1906 Entered into force October 8, 1906 Modified and extended by agreement of September 4 and 6, 1907 1 1 I Malloy 805; Treaty Series 485 EXCHANGE OF NOTES The American Ambassador to the Secretary of State for Foreign Affairs AMERICAN EMBASSY, London, October 6th, 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. 1TS 488, post, p. 290. 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 I of the Act of 1905, as to boarding 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 Govern ment. I have the honour to be, with the highest consideration, Sir, Your most obedient, humble Servant, The Right Honble. SIR EDWARD GREY, Bt., Etc., Etc., Etc. WHITELAW REID The Secretary of State for Foreign Affairs to the American Ambassador No. 34002 FOREIGN OFFICE, October 8, 1906 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 honour 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 honour to be, with the highest Consideration, (In the absence of the Secretary of State) His Excellency the Honourable WHITELAW REID, Etc. Etc. E. GORST UNITED STATES 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 vivendi 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. My Government sees in the offer not to apply Section 3, Act of 1905 and that part of Section I 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 year seems vital. |