R
47831
No. 58.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
[Hay-Bond Convention: Whether the King should ratify the Convention before an Imperial Act is passed to carry it into effect.]
MY LORD,
Royal Courts of Justice,
December 28, 1906. WE were honoured by your Lordship's commands, signified to us by Mr. Ber- tram Cox in his letter of the 22nd November last, stating that he was directed by your Lordship to lay before us a copy of a Convention concluded with the United States of America on the 8th November, 1902, respecting commercial relations between that country and Newfoundland and commonly known as the Hay-Bond Convention.
That owing to the failure of the United States to approve this Convention, it had not yet been ratified either by the King or by the President of the United States. That the action of the Senate, as we were aware, had led to the withdrawal from United States citizens of the privileges of purchasing bait, engaging crews, &c., in Newfoundland waters, and, consequently, to the present fisheries dispute.
That your Lordship understood that the Government of Newfoundland were still anxious for the ratification of the Convention. That you would, therefore, be obliged if we would favour your Lordship with our opinion on a question which had not hitherto been officially discussed, viz.: whether, having regard to the terms on the one hand of Article I. of the Convention, and, on the other, of Section 3 of the Imperial Act 59, Geo. III., c. 38, an Act of the Imperial Parliament was not in strictness required to carry the Convention into effect and, if so, whether it would be proper, unless and until such an Act was passed, to advise His Majesty to ratify the Convention, seeing that Article VI. merely provided that the provisions of the Convention should go into effect 30 days after the exchange of ratifications.
That the printed memorandum forwarded to us in the letter from your Depart- ment of the 10th instant, contained some observations on the subject of your present letter.
~ We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report-
That, in our opinion, an Act of Parliament is necessary to carry the Convention into effect, and that it would not be proper to advise His Majesty to ratify the Convention unless provision is made for such an Act being passed.
The Right Honourable
The Earl of Elgin, K.G.,
&c.,
&c.,
&c.
23 Wt 1640 1,07 D & S 5 20889
We have, &c.,
JOHN L. WALTON. W. S. ROBSON.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO