CO885-(15-16) — Page 604

18287

No. 140.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND THE UNITED STATES OF AMERICA OF JULY 3RD, 1815.

AS TO THE MEANING OF ARTICLE 2.

OPINION OF THE LAW OFFICERS UPON FOREIGN Office REFERENCE OF APRIL 15, 1911.

"

In our opinion the words " any other foreign country," which are the material words in the first paragraph of Article 2 of the Treaty of 1815, relate to States other than the two contracting States and not to portions of the dominions of the contracting States. In other words, Canada, whilst a foreign country in relation to the United States, is not "another foreign country than Great Britain, but merely another part of the same foreign country, and a preference given by the United States to Canada is not, as regards Great Britain, a preference given to another foreign country but is a preference given to Great Britain herself with respect to a portion of her own territory. This interpretation of Article 2 appears to us to be confirmed by the last paragraph of the same Article, for it would be strange to find the same place described in the first paragraph as another country and in the last as part of His Majesty's Possessions.

Law Officers' Department,

17th May, 1911.

RUFUS D. ISAACS. JOHN SIMON.

(20388-2.) W, 96-181, 25. 10/11. D & S.

PUBLIC

RECORD OFFICE

Reference :-

C.O.8

885

16 PUBLIC RECORD OFFICE, LONDON

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