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(2.) If so, whether the Act in question was sufficient for the purpose; and whether it infringed section 34 of the British North America Act, or was open to objection on other grounds which would render it desirable that Her Majesty should be advised to exercise her power of disallowance in respect of it?

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

Report

T'hat in our opinion the Act referred to is not unconstitutional, or repugnant to the provisions of the British North America Act, 1867.

The question, however, is one of some difficulty and, in view of the divergent opinions expressed on the subject in Canada, we think that it would be prudent to pass a declaratory Act in the Imperial Parliament, affirming the validity of the Canadian

We have, &c. (Signed) JOHN RIGBY.

R. T. REID.

Act.

The Most Hon. the Marquees of Ripon, K.G.,

&c.

&c.

&c.

20746.

No. 77A.

(NEWFOUNDLAND.)

LAW OFFICERS to FOREIGN OFFICE.

Law Officers' Department, Royal Courts of Justice, November 9, 1894.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Bertie's letter of the 7th inst., stating that he was directed by your Lordship to transmit to us the papers noted on the accompanying list, relative to the question of the occupation of the Treaty Shore of Newfoundland, for fishery purposes, by individual fishermen from St. Pierre, with the approval and assistance of the French local authorities.

In obedience to your Lordship's commands, we have the honour to

Report-

That, in our opinion, the annexed Draft of a Despatch to the Marquess of Dufferin contains a suitable exposition of the case from a legal point of view.

We desire, however, to call attention to the three following points:--

1. On page 3 of the Draft Despatch the language used seems to import that the only engagements by which the sovereignty of France over St. Pierre and Miquelon is limited are the engagements there specified. Legally, however, there appear

to be other engagements contained in Art. VI. of the Treaty of Paris, 1763, which limit that sovereignty.

2. On page 4 of the Draft Despatch the language used seems to import that the strip on the Newfoundland side of the middle of the strait between Newfound- land and the two islands is non-territorial water. Legally, we consider this to be very disputable, and such a statement might, at some time, be construed as an admission.

3. On page 5 of the Draft Despatch the language used seems to import that, under the Treaty of Utrecht, Art. XIII., French fishermen are entitled to reside on the Treaty Shore for the purpose of drying fish. Legally, we do not consider it at all clear that such right exists, however it may be admitted in practice.

The Right Hon. The Earl of Kimberley, K.G.,

&c.

&c.

&c.

We have, &c.,

R. T. REID. FRANK LOCKWOOD,

PUBLIC RECORD OFFICE

Reference :-

6

TLC.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

(No.

:)

MY LORD,

DRAFT of DESPATCH to LORD DUFFERIN.

Foreign Office, November

1

1894.

HER MAJESTY's Government have considered, in consultation with the Law Officers of the Crown, Mr. Phipps's Despatch, No. 315, of the 5th August last, transmitting. copy of a note from M. Hanotaux in reply to the representation which your Excellency addressed to the French Government on the 21st April last in regard to the question of the occupation of the Treaty Shore of Newfoundland by individual fishermen from St. Pierre, with the approval and assistance of the French local authorities.

Memoran-

I have to request that your Excellency will state to M. Hanotaux that the arguments See para. 1 put forward by his Excellency in his note of the 31st July last do not appear to Her of Mr. Hall's Majesty's Government to contain any facts tending to invalidate the opinion which dum. they had previously formed on the subject under discussion.

With regard to the conditions attached to the cession of St. Pierre and Miquelon, See para. 5 M. Hanotaux observes:-

of M. Hano-

taux' note;

"Aux termes du Traité de 1763, comme des Déclarations annexées au Traité de Versailles, l'Angleterre a cédé ces îles à la France' afind e servir réellement d'abri à ses of Colonial and pars, 3 pêcheurs,' et pour éviter que ces possessious devinssent * un objet de jalousie entre les deux Office letter. nations,' certaines stipulations ont été édictées, aux termes desquelles, notamment la pêche entre les Iles de Saint-Pierre et Miquelon et Terre-Neuve, ne pourrait se faire, de part et d'autre, que jusqu'à mi-canal."

• 85965.-4. 25.-9/95.