3728.
PUBLIC RECORD OFFICE
لسائل
6
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
*
No. 5.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LOED,
Royal Courts of Justice, 3rd March 1884. We are honoured with your Lordship's commands, signified in Sir Robert Herbert's letter of the 25th ultimo, stating that a Commission, composed of two British Commissioners and two Commissioners appointed by the Government of France, had been sitting in Paris with a view to the settlement of the Newfoundland fishery question.
That a paper, of which the enclosed document was a translation, had been handed confidentially to the British Commissioners by the French Commissioners, containing certain proposals for the regulation of the fisheries which were carried on, as we were aware, within the territorial limits of the island of Newfoundland.
That it did not appear necessary for the purpose of that reference to explain the rights claimed by either nation under the treaties between the two countries affecting the question, but that your Lordship would be glad to learn whether, in our opinion, if regulations such as those proposed (which, it might be observed, deal only partially with the whole question involved) should be agreed to by Her Majesty's Government, an Act either of the Imperial Parliament or of the Legislature of Newfoundland would be requisite to carry out the regulations in question or any portion of them, or whether it would be competent to Her Majesty's Government to agree to an arrangement such as was proposed, and to carry its provisions into effect without any legislation.
That it had been suggested that the proposals made by the French Commissioners should be modified as indicated in the separate paper enclosed marked A, and that if that suggestion should be adopted some of the articles embodied in the proposals of the French Commissioners would have to be omitted and others materially modified.
That Sir R. Herbert was to request that your Lordship might be informed whether, if in our opinion legislation would be necessary in order to carry out the proposals of the French Memorandum, it would also be necessary if those set out in the paper marked "A" were substituted.
That Sir R. Herbert was desired to enclose a copy of the Parliamentary Paper con- taining correspondence respecting the Conference at the Hague and the Convention of the 6th of May 1882, relative to the police of the fisheries in the North Sea, on which the French Commissioners' proposals appeared to be generally based. That the enjoy- ment of the fisheries by the French on the coasts of Newfoundland was secured to them within the territorial waters of the Colony.
That the treaties bearing upon the subject are quoted in the accompanying form of land grant.
That Sir R. Herbert was to add that your Lordship would be glad to be favoured with our reply at our very earliest convenience, as the sittings of the Commission at Paris were suspended in the meantime.
In obedience to your Lordship's commands we have taken these papers into our consideration, and have the honour to
Report
\
That in our opinion neither the original proposal, nor the suggested modification of it, could be carried into effect in its entirety without legislation.
•
If an agreement were come to with France of the nature proposed, it would be necessary to obtain legislative sanction for the powers and jurisdiction proposed to be conferred on French vessels of war within territorial waters.
We think that legislation in Newfoundland would be necessary; though we are not prepared to say that the object might not be effected by Imperial legislation, yet, seeing that Newfoundland possesses an independent Legislature, the attempt to deal with such a matter by Imperial legislation alone would give rise to grave constitutional questions between this country and the Colony.
The Right Hon. the Earl of Derby,
&c.
&c.
&c.
A
15997-35. 85.-12/85.
(Signed)
We have, &c.,
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.