CO885-(11-13) — Page 358

1931.

T

PUBLIC RECORD OFFICE

6

Reference :-

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

MY LORD,

No. 126.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Lord Tenterden's

Temple, February 5, 1877. letter of the 18th October last, stating that he was directed by your Lordship to transmit to us herewith a copy of the Treaty of Washington of the 8th May 1871, and that he was to call our especial attention to Articles 18, 19, 20, 21, 22, 23, 24, 25, 32, and 33, by which we should perceive that provision was made for the establishment of a Commission to meet at Halifax, Nova Scotia, to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty as stated in Articles 19 and 21 of the Treaty, the amount of any compensation which ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article 18 of the Treaty.

"

That Lord Tenterden was further to enclose a volume of printed correspondence showing the steps which had been taken by Mr. Ford, Her Majesty's agent to the Commission, in conjunction with the Governments of Canada and of Newfoundland, for drawing up the case of Her Majesty's Government for presentation to the Commission on behalf of both Colonies, and that, in transmitting to us a copy of the "case prepared, he was to request that we would take it carefully into our consideration in connexion with the correspondence on the subject, and to favour your Lordship with our opinion whether it was drawn up in such a manner as to meet with the require- ments of the case.

thus

That Lord Tenterden was to add that your Lordship would also be glad to be furnished with our opinion on the following points, which might arise on the meeting of the Commission at Halifax :—

1. The construction of Article 24 of the Treaty as regards the unanimity of the three Commissioners in giving their award, of which mention is made in Mr. Ford's Despatch No. 6 of September 1875, and Confidential No. 15 of the 22nd of November of the same year.

2. The position to be adopted by Her Majesty's agent before the Commission in the event of the Headland question being unavoidably introduced into the discussions from the United States side. That with regard to that point Lord Tenterden was to enclose a memorandum by Dr. Deane, and to refer us to Mr. Ford's Despatch No. 7 of the 17th of September 1875, and also to his confidential Despatch No. 15 of the 24th of November of that year.

3. The question of the valuation of the Customs remissions on either side as an off-set to the value of the fisheries, and especially whether, in our opinion, the offers made by the United States Commissioners, during the negotiations which preceded the conclusion of the Treaty of Washington would be admissible as evidence before the Commission of the value placed by the United States themselves on the privilege of admission to the British North American fisheries.

That with reference to that point, which was especially important, Lord Tenterden was to enclose a volume of the proceedings of the Joint High Commission at Wash- ington, and to refer us to the latter portion of Mr. Ford's Despatch No. 15, confidential, of the 24th November 1875, bearing in mind that the "case," as now submitted for our opinion, had been framed on the principle of "non-committal," as explained in Mr. Ford's Despatch No. 6, confidential, of August 6, 1876, and in the memorandum enclosed therein, from which we should perceive the alterations which had been made in the "case" as at first drawn.

That in connexion with that point your Lordship desired to be favoured with our opinion as to the interpretation of Article 22 of the Treaty mentioned in the memo- randum enclosed in Mr. Ford's Despatch No. 15, confidential, of the 24th November 1875.

That those were the points which occurred to your Lordship as those on which our opinion was especially required, but that Lord Tenterden was to say that your Lord- ship would be glad to be furnished with any general observations which might suggest

▲ 12916.-125.

25.-12.84.