EXCHANGE OF NOTES between the British and United States Governments renewing the Modus Vivendi arranged in 1907 for the regulation of the Newfoundland Fisheries. -London, July 15 and 23, 1908. (No. 1.)-Sir Edward Grey to Mr. Whitelaw Reid. YOUR EXCELLENCY, Foreign Office, July 15, 1908. ON the 18th ultimo your Excellency proposed, on behalf of the United States Government, that, as arbitration in regard to the Newfoundland fisheries question could not be arranged before the forthcoming fishery season, the modus vivendi of last year* should be renewed with the same elasticity as before for the parties concerned to make local arrangements satisfactory to both sides. I have the honour to inform your Excellency that the Newfoundland Government, having been consulted on the subject, have expressed the desire that the herring fishery during the ensuing season should be conducted on the same principles as in the season of 1907, and formally undertake to permit during this year the conduct of the herring fishery as last year. As the arrangements for last year were admittedly satisfactory to all concerned in the fishing, His Majesty's Government hope that the United States Government will see their way to accept this formal assurance on the part of the Newfoundland Government as a satisfactory arrangement for the season of 1908. If this course be adopted it would seem unnecessary to enter into any further formal arrangements, seeing that the communication of this assurance to the United States Government and its acceptance by them would be tantamount to a modus vivendi. I have, &c. E. GREY. SIR, (No. 2.)—Mr. Whitelaw Reid to Sir Edward Grey. American Embassy, London, July 23, 1908. THE reply in your letter of the 15th instant to my proposal of the 18th ultimo for a renewal of last year's modus vivendi for the approaching Newfoundland fisheries season, with the same elasticity as before for local arrangements, has been duly considered. I am gratified to learn that the Newfoundland Government was so well satisfied with the result of these arrangements under the modus vivendi for last year that it offers a formal undertaking * Vol. C, page 588. that the American fishermen shall be permitted to conduct the herring fisheries this year in the same way. It is proper to observe that our fishermen would have preferred last year, and would prefer now, to work the fisheries with purse seines as heretofore, as provided in the modus vivendi of 1906. But they yielded last year to the strong wishes of the Newfoundland Government in this matter, and joined in the arrangement under the elastic clause at the close of the modus vivendi of 1907, by which, with the approval of the British and American Governments, they gave up also other claims in return for certain concessions. I must reserve their right to these and to purse seines, as heretofore enjoyed, as not now abandoned, and therefore to be fully considered in the pending arbitration before The Hague. Tribunal. But with this reservation and with the approval of my Government, I now have pleasure in accepting the offer that the herring fishery during the ensuing season shall be conducted on the same principles as in the season of 1907, and the formal undertaking against interference with this by the Newfoundland Government, as a substantial agreement on my proposal of the 18th June. We unite also with you in regarding this exchange of letters as constituting in itself a satisfactory agreement for the season of 1908, without the necessity for any furthrial co dence. I am glad to add that Mr. Alexander, of the United States Fish Commission, will be sent again this year to the Treaty Shore, and that my Government feels sure that, through his influence, there will be general willingness to carry out the spirit of the understanding, and work on the lines of least resistance. I have, &c. WHITELAW REID EXCHANGE OF NOTES between the British and United State Governments renewing the Modus Vivendi concluded in 1908* for the regulation of the Newfoundland Fisheries.-London, July 22 and September 8, 1909. SIR, (No. 1.)—Mr. Whitelaw Reid to Sir Edward Grey. American Embassy, London, July 22, 1909 INASMUCH as under the provisions of the Special Agreement dated the 27th January, 1909, between the United States and * See page 908, + See page 145. EXCHANGE OF NOTES between the British and Ur States Governments renewing the Modus Vivendi arra in 1907 for the regulation of the Newfoundland Fish -London, July 15 and 23, 1908. (No. 1.)-Sir Edward Grey to Mr. Whitelaw Reid. YOUR EXCELLENCY, Foreign Office, July 15 ON the 18th ultimo your Excellency proposed, on behalf United States Government, that, as arbitration in regard Newfoundland fisheries question could not be arranged the forthcoming fishery season, the modus vivendi of las should be renewed with the same elasticity as before parties concerned to make local arrangements satisfa both sides. I have the honour to inform your Excellency Newfoundland Government, having been consulted subject, have expressed the desire that the herring during the ensuing season should be conducted on principles as in the season of 1907, and formally un permit during this year the conduct of the herring last year. As the arrangements for last year were admittedly s to all concerned in the fishing, His Majesty's Govern that the United States Government will see their wa this formal assurance on the part of the Newfoundla ment as a satisfactory arrangement for the season o this course be adopted it would seem unnecessaTM any further formal arrangements, seeing the of this assurance to the United State acceptance by them would be tantamoun SIR, (No. 2.)—Mr. Whitelaw Reid to Sir Ea American Embassy, London THE reply in your letter of the 15th instant i of the 18th ultimo for a renewal of last year's mou the approaching Newfoundland fisheries season, wit elasticity as before for local arrangements, has considered. I am gratified to learn that the Newfoundland Gove was so well satisfied with the result of these arrangements the modus vivendi for last year that it offers a formal under * Vol. C, page 588. the Pacific Settlement of International Disputes, concluded at The Hague on the 29th July, 1899 ;* Taking into consideration that by Article XIX of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude the following Convention, and for that purpose have appointed their Plenipotentiaries:: The President of the United States of America: Elihu Root, Secretary of State of the United States; and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary: Baron Ladislaus Hengelmüller von Hengervár, Grand Cross of the Orders of Leopold and Francis Joseph, Third Class Knight of the Order of the Iron Crown, His Majesty's Privy Councillor and Ambassador Extraordinary and Plenipotentiary to the United States of America; Who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following Articles : ART. I. Differences which may arise of a legal nature, or relating to the interpretation of Treaties existing between the High Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899: Provided, nevertheless, that they do not affect the vital interests, the independence, or the honour of the High Contracting Parties, and do not concern the interests of third parties. II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a Special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such Special Agreements on the part of the United States will be made by the President of the United States by and with the advice and consent of the Senate thereof. Such Agreements shall be binding only when confirmed by the Governments of the High Contracting Parties by an exchange of notes. III. The present Convention shall be ratified by the High Contracting Parties, and the ratifications shall be exchanged as soon as possible at Washington. The present Convention shall remain in force for five years from the 15th day after the date of the exchange of the ratifications. In testimony whereof the respective Plenipotentiaries have signed this Convention and have affixed thereto their seals. * Vol. XCI, page 970. Done in duplicate, at Washington, the 15th day of January, 1909. (L.S.) ELIHU ROOT. AGREEMENT between Brazil and Peru regarding the Navigation of the River Yapura or Caquetá by the Vessels of the two Countries.- Signed at Lima, April 15, 1908. [Ratifications exchanged January 13, 1912.] (Translation.) ON the 15th April, 1908, the Minister for Foreign Affairs, his Excellency Doctor Don Solón Polo, and his Excellency Don Domicio de Gama, Envoy Extraordinary and Minister Plenipotentiary of the United States of Brazil, meeting at that Ministry in order to negotiate and conclude an Agreement opening to Brazilian vessels the navigation of the Peruvian waters of the Yapura or Caquetá and to Peruvian vessels the course of the same river in Brazilian territories, and, being furnished with the necessary authority, agreed to the following stipulations: ART. I. Brazilian and Peruvian merchant-ships shall be allowed free communication with the shore from the posts which Peru and Brazil have established or may establish on the river Yapura or Caquetá, subjecting themselves to the fiscal or police regulations laid down by the competent authorities of each of the two States in its respective territory. II. Navigation of the Peruvian waters of the Yapura or Caquetá is free to Brazilian vessels which may be proceeding to any conterminous State and vice versa, in reciprocity for the equivalent concession which Brazil makes to Peruvian merchantvessels to navigate the principal stream of the Brazilian Yapura. III. In navigating both up as well as down the stream of the Yapura or Caquetá, Brazilian and Peruvian vessels shall be under the obligation of calling at the fiscal or military posts which either country possesses or may establish on that river. DECLARATION between Bulgaria and Germany relating to the Execution of the Treaty of Commerce of August 1, 1905.-Signed at Sofia, October 31 (November 13), 1908. LES marchandises d'origine allemande, mentionnées au Tarif (C), annexé au Traité de Commerce, de Douane et de |