CO885-(13-15) — Page 333

11911.

PUBLIC RECORD OFFICE

C.O.885

Reference :--

14 PUBLIC RECORD OFFICE, LONDON

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

No. 40. (NEWFOUNDLAND.)

LAW OFFICERS to FOREIGN OFFICE.

Law Officers' Department,

Royal Courts of Justice, MY LORD,

We were favoured with your Lordship's commands signified in Sir P. Currie's

July 14, 1893. letter of the 29th June stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list relative to the action taken by the Customs Authorities of Newfoundland in levying customs duties on certain goods consigned from Nova Scotia to French citizens engaged in the fishery on the Treaty Shore of that island. That the circumstances would be found fully stated in the despatch from the Governor of Newfoundland dated the 3rd ultimo.

That it would be seen that the French Admiral commanding in Newfoundland waters had protested against the exaction of these duties as involving a violation of Treaty rights, on the ground that a tax upon fishing materials and provisions con- stituted an "interruption " by competition with the fishery of the French.

That according to the practice which has hitherto obtained on the Treaty Shore, French fishermen had been allowed to land free of duty articles imported in French vessels and necessary to the exercise of their fishery.

That it appeared, however, in the present instance that the goods were imported in a British vessel from a British Colony, and that the persons to whom they were con signed had arrived in the colony fully equipped for the fishery season. That there was, therefore, reason to suppose that the articles in question were not imported to supply the bona fide needs of the fishermen in connexion with their fishery, but were rather intended for sale or barter to the inhabitants generally, to the detriment of the Colonial Revenue; and that under these circumstances the Colonial authorities had asked for the support of Her Majesty's Government in order to put a stop to the contraband trade which was springing up in the colony and of which the French fishing rooms had become the centre.

That a summary of the previous correspondence on the extension of the Colonial Customs system to the Treaty Shore was enclosed for our fuller information, and that Sir P. Currie was to request us take it into our consideration, together with the other papers, and favour your Lordship with our opinion as to whether the action of the Government of Newfoundland in this matter might properly be supported.

We were also honoured with a letter from Sir T. Sanderson of the 1st instant trans- mitting to us further papers in the matter.

We were further honoured with Sir T. Sanderson's note dated the 8th instant, en- Admiralty, closing the documents noted in the margin, and calling our special attention to the July, 3rd protests of the French Admiral.

C. O., Juue

C. O., Jimo 23rd, 1893.

30th, 1893.

1893.

enclosures.

We were also honoured with Sir T. Sanderson's further letter dated the 12th instant, Commander

Report by stating that he was directed to transmit to us a letter from the Admiralty enelosing a Curzon telegram from the Commodore at St. John's, in which he reported that the French Howe, with Admiral had formally demanded the return of the goods laid under embargo or of Admiralty, their estimated value; that this application had been refused by the Governor of July th Newfoundland; and that the French Admiral had suddenly left St. John's for St. Pierre in order to communicate with his Government on the subject.

That it would be seen from the Reports of the British Commodore that be appeared to consider that the stores seized were, at all events for the most part, really intended for the use of the vessels.

We have also the honour to acknowledge the receipt of Sir T. Sanderson's further letter of the 13th instant, transmitting a translation of a note from the French Chargé d'Affaires, formally protesting on behalf of his Government against the proceedings of the Colonial Authorities in this matter.

Sir T. Sanderson requested that we would take his communication into our immediate consideration, and that in replying to the questions already submitted to us, we would favour your Lordship with our opinion as to the answer which should be returned to this protest of the French Government,

Q 74779,-85. 25.-8/93.