198 CORRESPONDENCE, ETC., 



[Inclosures in Sir Edward Thornton's note.] 



ST. JOHNS, NFLAND, July 1^ 1878. 



SIR : I had the honour on the 4th instant to advise Y. E. & to sub- 

 mit draft for telegram, upon the bearing & effect of the proviso to 

 the first section of the local statute of last Session of the Legislature 

 entitled "An Act relating to the Treaty of Washington 1871 " which 

 proviso is considered objectionable by the Govt. of the U. S. 



I then expressed the opinion that while the clause was unnecessary, 

 I believed that, if rightly understood by the U. S. Auth 3 it would be 

 considered unobjectionable. I have now by Y. E.'s command to 

 report more fully upon the matter. 



In the first place it will probably be conceded by the Gov 1 . of the 

 U. S., that the exercise of Treaty rights is at all times subject to such 

 fair and reasonable Police or Municipal regulations of the State 

 within which they are to be exercised as are common to all, and not 

 inconsistent with the bona fide operation of the stipulations of the 

 Treaty. 



The proviso would in this view be quite unnecessary and therefore 

 harmless but it will also be observed that it is not prospective in its 

 terms, but has reference solely to the Status quo of the fisheries, to 

 w h it applies, at the time of the ratification of the Treaty by the High 

 Contracting parties it runs thus 



"Provided that such laws rules and regulations relating to the 

 time and manner of prosecuting the fisheries on the Coasts of this 

 Island shall not be in any way affected by such suspension." 



The laws referred to in this proviso as such laws are and can from 

 the language be none other than the laws mentioned in the former 

 part of the same section, viz*. " the laws of this Colony which operate 

 to prevent the said Articles from taking full effect" and which are. 

 to be suspended. The whole clause is with regard to this question 

 in the present tense. 



Copies of those existing laws are annexed to this despatch they 

 are acts passed respectively in the years 1860 and 1862, and regulate 

 the contrivances for taking Herring and Salmon and the mode and 

 time for using those contrivances. 



These provisions are shown by experience to have been necessary 

 for the preservation of those fisheries and consequently for the com- 

 mon interest of all engaged in them ; the only regret is that they are 

 not so effective as could be desired, and I may add that it would be 

 for the advantage of the subjects of any State having an interest in 

 the prosecution of those fisheries if the observance of those regula- 

 tions were more rigidly enforced. 



It will be seen that the Act of 1862 for the protection of the Her- 

 ring and Salmon Fisheries contains this Section (No. 10) 



"Provided always that nothing in this Act contained shall in any 

 way affect or interfere with the rights and privileges granted by 

 Treaty to the subjects or citizens of any State or power in amity with 

 Her Majesty". 



By the second section of our Washington Treaty Act the Governor 

 in Council has the fullest powers to make orders " to give full effect 

 to the Treaty " in accordance with its spirit and intention. 



