R
37898.
No. 17.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
[United States Fishery Rights on the Coast of Newfoundland under the Convention of October 20, 1818.]
SIR,
Royal Courts of Justice,
October 24, 1905. We were honoured with your commands signified to us in Mr. H. Bertram Cox's letter of the 17th instant stating that he was directed by you to lay before us the accompanying report of a speech recently delivered in the Newfoundland House of Assembly on the second reading of the Foreign Fishing Vessels Bill, by the Right Honourable Sir Robert Bond, Prime Minister of the Colony.
That a copy of the Bill (which had now become law) and a copy of the Act 56 Vic., Cap. 6, which it repealed, were enclosed for our information.
That it would be seen that Sir R. Bond in that speech contended that fishermen
of the United States had no right to take fish in the bays, creeks, and harbours of those parts of the coast of Newfoundland on which they were permitted to fish by the Convention of the 20th October, 1818. That the text of this Convention and of the Imperial Act and Order in Council of 1819 giving effect to it, would be found on pages 273-276 of the accompanying print entitled "Papers relating to the Fisheries of British North America Colonial Office, 24th November, 1852."
That Mr. Bertram Cox was also to enclose copy of a telegram which, after con- sultation with the Marquess of Lansdowne, you addressed to the Governor of New- foundland on the 17th August last, informing him that there was no foundation for Sir R. Bond's contention, and that His Majesty's Government could not countenance any action based on it. That Mr. Bertram Cox was further to enclose copy of a despatch received from the Governor in reply to that telegram, together with copy of a letter which had been received from Sir R. Bond contesting the decision of His Majesty's Government, and a Memorandum (A) on the subject which had been pre- pared in your Department, and in the terms of which Lord Lansdowne had expressed his concurrence.
That Mr. Bertram Cox was also to lay before us copy of a telegraphic corre- spondence with the Governor, which raised the question of the right of the United States vessels to purchase fish in Newfoundland ports. That a memorandum had been prepared in your Office on this subject also and that a copy was enclosed marked "B." That Lord Lansdowne had concurred in the terms of this memorandum also.
That Mr. Bertram Cox was to enquire whether, after taking the other enclosures in his letter into our consideration, we found anything in the terms of the above- mentioned memoranda to which to take exception, and, if not, whether we saw any objection, or could suggest any addition, to the accompanying draft telegram, which, after communication with Lord Lansdowne, you proposed to send to the Governor.
We have taken the papers into our consideration, and, in obedience to your com- inands, have the honour to
Report-
That we find nothing in the terms of either of these Memoranda A and B to which exception can be taken. The contention of Sir Robert Bond as to the construction to be put upon the term "coast" in the Convention of 1818 appears to us to be wholly unsustainable.
We have suggested, in red ink, some alterations in the terms of the draft tele- gram, and we have further to suggest whether it might not be expedient somewhat to strengthen the terms of the latter part of that telegram as to the impolicy of the action contemplated by the Colonial Government,
We have, &c.,
The Right Honourable
Alfred Lyttelton, M.P.,
&c.. &c.. &c.
23 W 2645 1205 D&S 5 22345
R. B. FINLAY. EDWARD CARSON.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO