CO885-(10-11) — Page 765

12750.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |COPYRIGHT PROTUGRANTENNA E

3.

MY LORD,

No. 612.

(CANADA, NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, November 17, 1869. We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 13th October last, stating—

Lat. That the addresses of the Parliament of Canada, praying for the admission of the Colony of Newfoundland into the Dominion of Canada, upon which we reported on the 10th August, were referred to the Foreign Office for consideration, and he was directed by your Lordship to transmit to us a copy of those addresses, and also the copy of a letter from that Department of the 17th ultimo, and of an enclosed memorandum upon the proposed incorporation of Newfoundland with Canada, as bearing on the Treaties between this country and France and the United States.

2. That the different Treaties between this country and France, relating to this ques- tion of the Newfoundland fisheries, would be found in the lat volume of Hertslet's treaties, pages 236, 244, and 252, 253, but a short summary of the different clauses of those treaties would be found in a Confidential Minute prepared by Mr. Strachey, of the Colonial Office (pages 15, 19), which was therewith annexed for convenience

of reference.

3. That the important questions referred to in that memorandum upon the construc- tion of those Treaties, and as to the rights of the French fishermen upon the coast and waters of Newfoundland still pending.

4. That as regards the United States the treaty of 1818, which was to be found in the 2nd volume of Hertalet's treaties, page 392, was revived, as was stated in the Foreign Office memorandum upon the termination in 1865 of the Treaty of 1854.

5. That under those circumstances Sir F. Rogers was to request that we would favour your Lordship with our opinion :-

(1.) Whether, in case Newfoundland becomes part of the Dominion of Canada, the Dominion will be liable to the treaty obligations, whether towards France or the United States, which attach to the Colony of Newfoundland.

(2.) If such liability does not attach, what steps should be taken to ensure the

adoption of those obligations by the Dominion.

(3.) If such liability does attach, what form of acknowledgment, if any, should be required from the Canadian Government upon this subject before annexation takes place, and whether it is requisite that the terms of the addresses should be altered to place such acknowledgment beyond question.

(4.) If such alteration ought to be made, your Lordship would be much obliged to

us to suggest its terms.

In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to

Report

That, 1. We are of opinion that the treaty obligations towards France and the United States are Imperial obligations and not "debts or liabilities of Newfoundland " within the meaning of the 1st resolution in the addresses.

As at present framed, the addresses make no provision for the discharge of suy such obligations.

2 and 3. We think that the addresses should be remoulded to add a provision ren- dering the Imperial obligation contracted with respect to the Colony of Newfoundland binding on and enforceable within the Dominion of Canada.

4. We venture to suggest as follows. or to the following effect:-

"All treaty and other obligations existing at present between Her Most Gracious Majesty and any foreign sovereign, government, or power, relating to or in any way affecting Newfoundland, shall be legally binding on the Dominion of Canada for all

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