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That your Lordship desired to be informed whether in our opinion Her Majesty could properly be advised to allow a Bill passed by the Legislature of Newfoundland to come into operation

(i.) If it contained retrospective provisions corresponding with the resolution set forth

in the Governor's telegram of 27th April.

(ii.) If it contained the retrospective provision relating to duties levied under section 13 of the Revenue Act, 1891, but not the retrospective provision relating to fees levied in 1890 for licenses under the Bait Act.

(iii.) If it contained both or either of the above-mentioned retrospective provisions, but so modified as not to affect actions actually pending at the time of the passing of the Bill.

We have taken the matter into our consideration, and, in obedience to your Lord- ship's commands, have the honour to

Report

That in our opinion, as regards the Customs duties levied ostensibly under section 13 of the Revenue Act, 1891, Her Majesty may properly be advised to allow a Bill passed by the Legislature of Newfoundland containing retrospective provisions corresponding to the resolutions set forth in the Governor's telegram of the 27th April to come into operation. Express power should also be taken to levy the duties in future. As regards the fees for licenses under the Bait Act, 1889, as there does not appear to have been any authority-by statute or otherwise-to charge these fees at all, we think that they ought not to be sanctioned by retroactive legislation; and that the amounts levied ought to be repaid.

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

We have, &c. (Signed) RICHARD E. WEBSTER.

EDWARD CLARKE,

17076.

No. 11a.

(WESTERN PACIFIC.)

LAW OFFICERS to FOREIGN OFFICE. MY LORD,

Royal Courts of Justice, June 14, 1892. We were honoured with your Lordship's commands signified in Sir Philip Currie's letter of the 8th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list relative to an arrangement now in process of negotiation whereby, upon the establishment of a satisfactory judicial system in the French Protectorate of Madagascar, Her Majesty proposed to surrender to the French Tribunals in that island the extra-territorial jurisdiction over British subjects which she had hitherto exercised therein under the provisions of the Treaty of the 25th June 1865, between Great Britain and Madagascar, and of various Orders in Council, of which the most recent was that known as " The Africa Order in Council, 1889."

That it should, in the first place, be mentioned that France claimed to exercise an exclusive control over the foreign relations of Madagascar, under the terms of the Treaty of Peace of the 17th December 1885, and that that Treaty was notified by M. Waddington to the Earl of Rosebery on the 17th March 1886.

That in the Declaration of the 5th August 1890, in consideration of another Declaration dated the same day, whereby the British Protectorate over the Islands of Zanzibar and Pemba was agreed to by France, the Protectorate established by the above- mentioned Treaty was recognized by Great Britain.

That since that date application for exequaturs for Her Majesty's Consular officers in Madagascar had been made through the French Resident-General at Tamatave.

That there existed, however, a serious difference of opinion between the French and Malagasy Governments as to the interpretation to be put on the Treaty of Peace, and the extent of the rights conferred by it upon France.

That the consequence

of that divergence had been to bring about a condition of strained relations between the French and Malagasy Governments, and a profound reluctance on the part of the latter to accept any measure which tended to increase the power of the French in Madagascar.

That the enclosed papers marked (E), (F), (G), (H), (I), and (J) contained the com. munications which had passed between your Lordship and the French Ambassador at the Court of St. James' on the question of relinquishing the exterritorial privileges of this country.

That the result up to the present was that your Lordship had offered to accept a French Judiciary in substitution for the present Consular system of extra-territorial jurisdiction which was now enjoyed by Treaty upon precisely the same terms as those which were accepted on the abandonment to the French Tribunals in Tunis of Her Majesty's extra-territorial jurisdiction in that Beylicate upon the establishment of the French Protectorate in 1883-84.

But that the French Ambassador had replied that, as one of the essential conditions in the case of Tunis was that the new system should be established by a Decree of the Bey, the requirement of similar conditions in the case of Madagascar amounted in effect to a refusal to accept that system.

That the French Government were not, it was pointed out, in a position to obtain from the Hova Government a Decree similar to that which they obtained from the Bey of Tunis.

* List of Papers.

(A.) Treaty between Great Britain and Madagascar

(B.) Africa Order in Council

(C) Treaty between France and Madagascar

("Africa No. 2, 1886")

-

(D.) Declarations exchanged between Great Britain and France (E.)-(J.) Communications between Lord Salisbury and M. Wadding-

tou.

(K.) Correspondence respecting abrogation of foreign Consular juris-

diction in Tunis ("Tunis No. 1, 1884 ")

o 70151.-28.

25.-9/91.

June 25,

1865.

1889.

December 17, 1885.

August 5,

1800,

1882-83.

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-