Section II, 1917 [253] Trans. R.S.C. 



Difficulties with Newfoundland. 

 Hon. Mr. Justice Longley, F. R.S.C. 



(Read May Meeting, 1917.) 



Although Newfoundland was represented at the Quebec Con- 

 ference of 1864, which framed the original scheme of confederation, 

 she was one of the provinces which declined to enter the union, and, 

 unlike Prince Edward Island, which came in in 1873, she has persisted 

 in this refusal ever since. It is perhaps an unfortunate incident 

 because that large island, situate as it is on the very borders of the 

 Dominion, and naturally identified with it in interest, would round 

 out the Dominion, and give it effectual sway over all British North 

 America. 



The fact that this colony has remained apart from the Dominion 

 has led on more than one occasion to unfortunate complications which 

 reached an acute stage, gave trouble to both countries and to the 

 Imperial authorities as well. The great product of Newfoundland is 

 its fisheries, and its fishing grounds are its greatest asset. These stand 

 in the same relation to the United States, under the fishery clause of 

 the Treaty of 1818, as those of the rest of British North America, and 

 it is obvious that the maintenance of the provisions of this Treaty 

 should, and must be, a matter of common concern and cannot be 

 dealt with separately. This has always been recognized in all subse- 

 quent Treaties between Great Britain and the United States touching 

 fishing privileges in North America. 



In the complications which arose after the termination in 1885 

 of the fishery clause of the Treaty at Washington, 1871, by reason of 

 Canada's enforcement of the Treaty of 1818, Newfoundland became 

 somewhat restive, because the suspension of a free market for fish, 

 which Newfoundland, in common with Canada, had enjoyed in the 

 United States, was having an injurious effect upon the industry of that 

 island. This was not the alleged reason for the passing of the famous 

 Bait Act of 1887 by the Newfoundland Legislature; its avowed object 

 was to meet the effect of the liberal bounty system which the French 

 Government had adopted in respect of the fisheries of B. N. America. 

 The headquarters of the French fishing fleet in these waters was 

 Saint Pierre, the chief town of the islands near Newfoundland which 

 France still owns. Sufificient bait for the French fisheries could not 

 be obtained at any of these islands. Newfoundland waters furnish the 



