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 June 18th.

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 further formal correspondence.

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 the honor to be, with the highest consideration, Sir, your most obedient, humble servant,

The right honorable Sir Edward Grey, Bt., etc., etc., etc.]

WHITLAW REID,

[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 SEPTEMBER 4-6, 1907.

The American Ambassador to the British Foreign Office.

AMERICAN EMBASSY, London, September 4, 1907. SIR: I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows:

It is agreed that the fisheries shall be carried on during the present year substantially as they were actually carried on for the most of the time by mutual agreement, under the Modus Vivendi of 1906.

(1) It is understood that His Majesty's Government will not bring into force the Newfoundland foreign fishing vessels actof 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 One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2) In consideration of the fact that the shipment of Newfoundlanders by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized, my Government waives the use of purse seines by American fishermen during the term governed by this agreement, and also waives the right to fish on Sundays.

(3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact three-mile limit to avoid reasonable doubt.

(4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will 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 is most anxious that the provisions of this Modus Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual presence of our fishing fleet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Government has every desire to make the arrangement, pending arbitration, as agreeable as possible to the Newfoundland authorities consistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from the Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement between the Newfoundland authorities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season's fishing had been made and the voyage begun, my Government will be ready to consider such

• Reprinted in State Department print of modus vivendi, 1909.

changes with you in the most friendly spirit, and if found not to compromise our rights, to unite with you in ratifying them at once.

1 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 Government.

I have the honor to be, with the highest consideration, Sir, Your most obedient humble servant,

The Right Honorable Sir EDWARD GREY, Baronet, &c &c &c

WHITELAW REID.

The British Foreign Office to the American Ambassador.

YOUR EXCELLENCY.

FOREIGN OFFICE, September 6th, 1907.

I have the honour to acknowledge the receipt of Your Excellency's note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fisheries,-which you are authorized by your Government to ratify.

I am glad to assure your Excellency that His Majesty's Government agrees to the terms of the Modus Vivendi and that your Excellency's note will be considered by His Majesty's Government as a sufficient ratification of that arrangement on the part of His Majesty's Government.

His Majesty's Government fully shares the desire of your Government that the provisions of the Modus Vivendi should be made effective at the earliest possible moment, and the necessary steps will be taken by His Majesty's Government to secure its observance.

His Majesty's Government takes note of the concilatory offer of the United States Government to consider in a most friendly spirit any changes in the Modus Vivendi which may be agreed upon locally between the Newfoundland authorities and the United States fishermen and which may be acceptable both to the United States Government and to His Majesty's Government.

I have the honour to be, with the highest consideration, Your Excellency's most obedient humble servant,

His Excellency The Honorable WHITELAW REID, &c &c &c]

E. GREY.

GREECE.

1837.

TREATY OF COMMERCE AND NAVIGATION.

Concluded December 22, 1837; ratification advised by the Senate March 26, 1838; ratified by the President April 12, 1838; ratifications exchanged June 13, 1838; proclaimed August 30, 1838.

The United States of America and His Majesty the King of Greece, equally animated with the sincere desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States; of extending, also, and corsolidating the commercial intercourse between them; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity. based upon principles of equity, equally beneficial to both countries: have, in consequence, agreed to enter into negotiations for the con clusion of a treaty of commerce and navigation, and for that purpose have appointed Plenipotentiaries:

The President of the United States of America, Andrew Stevenson, Envoy Extraordinary and Minister Plenipotentiary of the United States near the court of Her Britannic Majesty; and His Majesty the King of Greece, Spiridion Tricoupi, Councillor of State on Special Service, his Envoy Extraordinary and Minister Plenipotentiary near the same court, Grand Commander of the Royal Order of the Saviour, Grand Cross of the American Order of Isabella the Catholic; Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles:

ARTICLE I.

The citizens and subjects of each of the two high contracting parties may, with all security for their persons, vessels, and cargoes, free enter the ports, places, and rivers of the territories of the other, wher

"Articles XII, XIII, XIV abrogated by treaty of Nov. 19, 1902.

ever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsover of said territories; to rent and occupy houses and warehouses for their commerce; and they shall enjoy, generally, the most entire security and protection in their mercantile transactions, on conditions of their submitting to the laws and ordinances of the respective countries.

ARTICLE II.

Greek vessels arriving, either laden or in ballast, into the ports of the United States of America, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever; and, reciproally, the vessels of the United States of America arriving, either aden or in ballast, into the ports of the Kingdom of Greece, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatver kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever.

ARTICLE III.

All that may be lawfully imported into the United States of Amerea, in vessels of the said States, may also be thereinto imported in Freek vessels, from whatever place they may come, without paying ther or higher duties or charges, of whatever kind or denomination, evied in the name or to the profit of the Government, the local auhorities, or of any private establishments whatsoever, than if nported in national vessels.

And, reciprocally, all that may be lawfully imported into the ingdom of Greece, in Greek vessels, may also be thereinto imported vessels of the United States of America, from whatever place ey may come, without paying other or higher duties or charges, whatever kind or denomination, levied in the name or to the profit the Government, the local authorities, or of any private establishents whatsoever, than if imported in national vessels.

ARTICLE IV.

All that may be lawfully exported from the United States of merica, in vessels of the said States, may also be exported therefrom Greek vessels, without paying other or higher duties or charges, whatever kind or denomination, levied in the name or to the ofit of the Government, the local authorities, or of any private ablishments whatsoever, than if exported in national vessels.

24449 VOL 1-10-54

And, reciprocally, all that may be lawfully exported from the Kingdom of Greece, in Greek vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities or of any private establishments whatsoever, than if exported in national vessels.

ARTICLE V.

It is expressly understood that the foregoing second, third, and fourth articles are not applicable to the coastwise navigation from one port of the United States of America to another port of the sai States, nor to the navigation from one port of the Kingdom o Greece to another port of the said Kingdom; which navigation eac of the two high contracting parties reserves to itself.

ARTICLE VI.

Each of the two high contracting parties engages not to grar in its purchases, or in those which might be made by companies of agents acting in its name, or under its authority, any preference t importations made in its own vessels, or in those of a third Power over those made in the vessels of the other contracting party.

ARTICLE VII.

The two high contracting parties engage not to impose upon th navigation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomination which shall be higher or other than those which shall be impose on every other navigation, except that which they have reserve to themselves, respectively, by the fifth article of the present treaty

ARTICLE VIII.

There shall not be established in the United States of America upon the products of the soil or industry of the Kingdom of Greece any prohibition, or restriction, of importation or exportation, no any duties of any kind or denomination whatsoever, unless such pro hibitions, restrictions, and duties shall likewise be established upoz articles of like nature, the growth of any other country.

And, reciprocally, there shall not be established in the Kingdom of Greece, on the products of the soil or industry of the United State of America, any prohibition or restriction of importation or expor tation, nor any duties of any kind or denomination whatsoever, un less such prohibitions, restrictions, and duties be likewise establishe upon articles of like nature, the growth of any other country.

ARTICLE IX.

All privileges of transit, and all bounties and drawbacks whic may be allowed within the territories of one of the high contracting parties, upon the importation or exportation of any article whatse