North Atlantic Coast: Modus IV, 22-7-1909, 8-9-1909

Modus vivendi, 22 July, 8 September 1909

[221]^[1]

Modus vivendi between the United States and Great Britain in regard to inshore fisheries on the Treaty Coast of Newfoundland. Agreement effected by exchange of notes at London, July 22, September 8 1909^[2]

American Embassy,
London, July 22, 1909

SIR: Inasmuch as under the provisions of the special agreement, dated January 27, 1909, [222] between the United States and Great Britain for the submission to arbitration of certain questions arising with respect to the north Atlantic coast fisheries, the decision of the tribunal on such questions will not be rendered before the summer of 1910, and inasmuch as the modus vivendi entered into with Great Britain last July with respect to the Newfoundland fisheries does not in terms extend beyond the season of 1908, my Government thinks it desirable that the modus of last year should be renewed for the coming season, and, if possible, until the termination of the arbitration proceedings for the settlement of these questions.

I am therefore instructed to propose such a renewal to His Majesty’s Government, the understanding on both sides originally having been, as you may remember, that the modus was entered into pending arbitration.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Whitelaw REID
The Right Honorable Sir Edward Grey, Bt., etc., etc., etc.

* * *

Foreign Office,
September 8, 1909

SIR : In reply to Mr. Whitelaw Reid’s note of July 22 last I have the honor to state that His Majesty’s Government agree to the renewal of the modus vivendi of 1908 for the regulation of the Newfoundland fisheries, until the termination of the arbitration proceedings before the Hague tribunal for the settlement of the Atlantic fisheries questions.

His Majesty’s Government suggest that Mr. Whitelaw Reid’s note of July 22 and my present reply should be regarded as constituting a sufficient ratification of the above understanding without the necessity for embodying it in a more formal document.
I have the honor to be, with high consideration, sir, your most obedient, humble servant,

E. GREY

J. R. Carter, Esq., etc., etc., etc.

1 Page numbering refers to the text as it appears in Vol. XI, REPORTS OF INTERNATIONAL ARBITRAL AWARDS (R.I.A.A.).
2 FOREIGN RELATIONS OF THE UNITED STATES, 1909, p. 283.