ordinary German subject under the ordinary German law. It appears to me, therefore, that the issue of the summons against him is perfectly legal under the law of the land, and that the summons would have to be accepted by him without question if he were not in the employ of a foreign diplomatic representative; and, on the other hand, there can be no question in my opinion that the attitude of the Prussian Government in this matter is entirely correct, for it has recognized the existence of the right which foreign ambassadors have for themselves and for the members of their household to claim immunity from arrest, but having recognized this principle of international law it asks my permission to allow the service of this summons to be made. My judgment is that I should be acting only in accordance with the decisions heretofore made by the Department of State and by our own interpretation of international law if I allow the service of the summons to take place in my house, in compliance with the request made of me by the Prussian Government, and I have the honor to inquire whether in so doing I shall be acting with your approval and whether I have your authority to allow such service to take place. I have approached this question with more care, perhaps, than it might seem at first to call for, but I would not willingly take any step which might commit the United States Government in regard even to a small question in international law until I feel sure that my action is confirmed by you. I have, etc., CHARLEMAGNE TOWER. [Inclosure. Translation.] The Minister for Foreign Affairs to Chargé Eddy. FOREIGN OFFICE, Berlin, May 23, 1907. The undersigned has the honor to inform Mr. Spencer Eddy, chargé d'affaires of the United States of America, that a summons has been issued in a suit for personal insult brought by one G. Heymann against a certain Tolk, described as a porter in the service of the ambassador of the United States of America, at the residence of the ambassador No. 4 Königs Platz. The royal Prussian minister of justice has transmitted to the minister for foreign affairs a request from the royal district court of the central district of Berlin that permission be obtained from the embassy of the United States to make service of the said summons upon the said Tolk in the ambassador's residence at Königs Platz 4. The undersigned has the honor to bring this request of the minister of justice to the attention of the chargé d'affaires and asks that he may be favored with a reply. The undersigned avails himself, etc. File No. 10892. The Secretary of State to Chargé Garrett. No. 842.] MÜHLBERG. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt, in due course, of Mr. Tower's No. 1273, of December 20, 1907, wherein were reported the cir 85111-FR 1907-34 cumstances attending an altercation between a German tax collector and the porter of the ambassador's house, a German subject, in consequence of which the ambassador was asked to permit summons to be served on the porter at the house. Mr. Tower discussed the merits of the case and inquired whether he might properly comply with the request. În reply I have to say that, if the porter is still in the service of the embassy, the question of his personal immunity may be waived, but that the service should be personal and outside of the embassy precincts. I am, etc., E. ROOT. GREAT BRITAIN. NEWFOUNDLAND FISHERY QUESTION. [Continuation of correspondence in Foreign Relations, 1906, pp. 661-784.] File No. 573/178-187. No. 443.] Ambassador Reid to the Secretary of State. [Extract.] a AMERICAN EMBASSY, London, September 10, 1907. SIR: Referring to your cabled instructions of August 23, August 29, and August 30, I beg now to inclose copies of a note from myself to Sir Edward Grey on September 4 and of his reply on September 6, the exchange of which constitutes by agreement the ratification of a modus vivendi for the present fishing season on the treaty coast of Newfoundland, as set forth in my note of September 4. Appended thereto are copies of the same documents as transmitted to you by cable on September 7. I have, etc., WHITELAW 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 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 1 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. a Ante. 531 (2) In consideration of the fact 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, 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 3-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 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. 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 honor to be, with the highest consideration, sir, your most obedient humble servant, WHITELAW REID. The Right Honorable Sir Edward Grey, Baronet. The British Foreign Office to the American Ambassador. FOREIGN OFFICE, September 6, 1907. YOUR EXCELLENCY: I have the honor 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 Gov ernment. 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 conciliatory 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 honor to be, with the highest consideration, your excellency's most obedient humble servant, His excellency the honorable Whitelaw Reid. E. GREY. FISHERY RIGHTS IN THE MAGDALENA ISLANDS-CASE OF THE File No. 573/114. ALERT. The Secretary of State to the British Ambassador. DEPARTMENT OF STATE, Washington, May 25, 1907. EXCELLENCY: Mr. Alexander, the assistant in charge of a division of the United States Bureau of Fisheries, and who was on the Newfoundland treaty coast during the last fishing season, has just handed me the following telegram from the master of an American fishing vessel off the Magdalen Islands: Commander Wakeham, of Canadian fisheries service, refused to allow American schooner Alert to fish in Magdalen Islands waters under register; also refuses to allow us to use traps or purse seine, whether under register or fishing license. Will seize if we set inside 3-mile limit. Please reply immediately. Grindstone, Magdalen Islands. You will recall that the shores of the Magdalen Islands are included in the fishing grounds which by the treaty of 1818 are declared open to the inhabitants of the United States. The refusal to permit fishing to be conducted from a registered vessel is the same thing which was done by the subordinate officers on the treaty coast of Newfoundland in October, 1905, and was promptly disavowed both by the Government of Great Britain and that of Newfoundland. I do not understand that the British Government contends that when an American comes upon the treaty coast with an American vessel he can be precluded from fishing because he has an American register rather than an American fishing license. If I am not mistaken in this, I should be glad to have the officers in authority at the Magdalen Islands advised accordingly. As to the refusal to permit the American fishermen to set traps or use purse seines, I have to reaffirm the position taken in my note of June 30, 1906, that such an attempt by the colonial government to impose conditions and limitations upon the exercise of the American right without the consent of the Government of the United States is contrary to the treaty. The communication to which I refer, containing a discussion of this subject, will be found in the British Blue |