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Imperial Act, would be triable by the Supreme Court of the Colony if committed within the territorial waters-

(a.) on board a British vessel;

(b.) by a foreigner on board a foreigu vessel.

That Mr. Bramston was to add that your Lordship would be glad to be favoured with

any observations upon the subject generally which we might be able to make for the assistance of Her Majesty's Government in dealing with the matter.

We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That in our opinion it is not competent to the Newfoundland Legislature to pass an Act under which offences within the provisions of the Imperial Act of 1878 may be tried without the consent of the Governor or in a summary manner, as such an Act would be inconsistent with the provisions of the Imperial Statute. It is, however, competent to the Colonial Legislature to provide by law for the arrest and trial, by summary process, of persons committing any breach of regulations contained in local Statutes with respect to fishery, or the taking or sale of bait, or other matters of that description whether the act be committed on board a British or a foreign vessel engaged in the fishery or the trade connected therewith.

The malicious destruction of a net below low-water mark would be an indictable offence, and within the provisions of the Imperial Statute, but the placing a net in an improper place might be a breach of local regulation, and a Colonial Statute might provide for the removal of the net and the punishment of the person so improperly placing it.

The Right Hon. Lord Knutsford.

We have, &c.

(Signed)

RICHARD E. WEBSTER. EDWARD CLARKE.

15916.

MY LORD,

No. 219.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

We were honoured with your Lordship's commands signified in Sir Philip

Royal Courts of Justice, July 31, 1891. Currie's letter of the 30th instant, stating that he was directed by your Lordship_to transmit to us, in connexion with the negotiations now proceeding between Her Majesty's Government and that of the United States of America for a reference to arbitration of certain questions arising with regard to the seal fisheries in the Behring's Sea, the accompanying telegram (Sir J. Pauncefote's, No. 101 of the 23rd July) which had lately been received from Her Majesty's Minister at Washington.

That during the progress of the negotiations above referred to Her Majesty's Government had already signified (see Foreign Office, No. 38 of the 2nd June 1891) their readiness to refer to arbitration five questions, which would be found set out in print upon the enclosed paper marked (A), and that they had further accepted (see Foreign Office telegram, No. 65 of the 6th July) a sixth Ärticle in the terms also set out upon the same paper (A).

That with regard to the question of the compensation, if any, which might be due- in connexion with their respective operations in Behring's Sea-by the Governments of either Power to the subjects or citizens of the other, various forms of an Article of Agreement (which Article was known throughout the late correspondence as Article 7) had been proposed.

That the original form of that Article, and of its several subsequent modifications, would be found on the paper marked (B).

That it would be seen that the President of the United States considered that a particular statement of the claims of the respective Governments was preferable to a reference in general terms such as Her Majesty's Government had advocated; but that, in order to remove what seemed to be the last point of difference between the two Governments, he was willing to some extent to modify his original proposals, and had now offered to substitute for them an Article in the following terms:-

"The Government of Great Britain having presented the claims of its subjects for compensation for seizure of their vessels by the United States in Behring's Sea, and the Government of the United States having presented, on its own behalf as well as of the lessees of the privilege of taking seals on the Pribyloff Islands, claims for compen- sation by reason of the killing of seals in Behring's Sea by persons acting therein under the protection of the British flag, the Arbitrators shall consider and decide upon such claims in accordance with justice and equity, and the respective rights of the High Contracting Parties; and it shall be competent for the Arbitrators to award such compensation as, in their judgment, shall seem equitable." (See Sir J. Pauncefote's telegram, No. 101 of the 23rd July.)

That Her Majesty's Government were desirous to take no objections, except such, if any, as might be found upon careful consideration, from a legal point of view, to be absolutely necessary, to the terms of the Article as now proposed; but that, before instructing Her Majesty's Minister at Washington further upon the subject, your Lordship would be glad of our opinion generally on the terms of the proposed Article, and more especially upon the two following questions:-

1. Whether the form of words proposed in Sir J. Pauncefoto's telegram No. 101, if accepted by Her Majesty's Government, would involve the admission that Her Majesty's Government were liable for wrongful acts committed in the open sea by British subjects on board vessels flying the British flag?

2. Whether apart from any specific admission which might be involved in the actual form of words now proposed-Her Majesty's Government would, according to the accepted doctrines of international law, be subject to any such liability?

your

That Sir Philip Currie was to request, therefore, that we would be good enough to take the papers transmitted with his letter into our consideration, and to favour Lordship, at our earliest possible convenience, with our opinion on the questions more particularly submitted in his letter, as well as with any general observations on its subject which might, at the same time, occur to us.

E 65453-97. £5.-01.

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