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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
MY LORD,
No. 840.
(NEWFOUNDLAND.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands signified in Mr. Hammond's
Temple, July 19, 1873. letter of the 17th July instant, stating that he was directed by your Lordship to transmit to us therewith together with the former papers bearing on the matter a letter from the Colonial Office requesting, with reference to the objection taken by the United States Government to the sufficiency of the Act of the Newfoundland Legislature, your Lordship's opinion as to what will be the position of that Colony as regards compensation for the rights of fishing conceded to the United States, owing to the delay which must necessarily occur in effecting amendments in the Act, and Mr. Hammond further stated that he was to request that we would take this point into our consideration, and favour your Lordship with our opinion on the subject.
In obedience to your Lordship's commands, we have the honour to
Report
That Article XXXII. of the Treaty of Washington 1871, provides that Articles XVIII. to XXV., sball extend to the Colony of Newfoundland. But if the Imperial Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing Articles into effect, then this Article shall be of no effect, with a further proviso as to other Articles of the Treaty.
It appears that the Congress of the United States and the Legislature of Newfound- land are not agreed upon the construction to be put upon the Treaty, the result being that the respective laws which were to be executed for carrying the Treaty into effect, do not bring the Colony of Newfoundland within the Treaty and the American fisher- men will require no rights, and the Colony can claim no compensation in reference to Articles XVIII. to XXV.
We submit, for your Lordship's consideration, that the words, "in common with the subjects of Her Britannic Majesty" which occur in Article XVIII. in fair construction mean that the American and British fishermen shall be upon an equality and that if a close time is to apply to British fishermen-and the necessity of the case seems to require that--the same restriction shall apply to American fishermen.
Also that since Mr. Fish admits that the rights of laying down reasonable police regulations exists and would be observed by all who fished in the waters in question- police regulations meaning, by the context, rules as to a close time the objection raised to the Newfoundland Act is more technical than real, and that the operation of the Treaty as respects Newfoundland ought not to be delayed or break down altogether on such an objection.
The Earl Granville, K.G.
&c. &c.
&c.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
J. PARKER DEANE.
0 16978-896.
95,-5/86.
11 PUBLIC RECORD OFFICE, LONDON
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