256 MISCELLANEOUS 



Such are the outlines of the Treaty which I now transmit to you. 

 Deeply anxious as they are to effect the settlement of questions so 

 complicated and so pregnant with possible mischief to both countries, 

 Her Majesty's Government have nevertheless not thought themselves 

 justified in departing from that rule of Colonial Government which 

 is now so firmly established in British North America. They have 

 thought that in regard to matters affecting the soil and the population 

 of Newfoundland, the concurrence of the Legislature of Newfound- 

 land itself should be sought before any Treaty stipulations could be 

 put into execution, and that the aid of Parliament (notwithstanding 

 its paramount constitutional power in questions of Treaty, affecting 

 as these do directly or indirectly, the Empire at large) ought, except 

 in an extreme case, to be reserved for the purpose of completing 

 whatever the Local Legislature may not have strict legal power to 

 effect. 



You are therefore instructed to submit this Treaty to the Legisla- 

 ture of Newfoundland for the enactment of the necessary laws. Your 

 own legal advisers will be better enabled to inform you than myself, 

 what laws may be strictly reqiired; but it would appear that all 

 local restrictions on the sale of bait in the specified localities should 

 be removed, and that force of law should be given to those provisions 

 of the treaty, at all events, which relate to the use of the shore in 

 Newfoundland, and authorize the removal of settlements and erec- 

 tions, and those which confer powers on Commissioners. Probably 

 the simplest course would be to recite the Treaty in a single Act and 

 give it force of law in the Island as far as this is needed : But this I 

 notice by way of suggestion only. You will observe lastly, that 

 although Her Majesty^ Government have expressly submitted the 

 Treaty to the assent of the Newfoundland Legislature, they have for 

 their part promised to use their best endeavors to procure the passing 

 of the necessary Laws. They are most desirous that these words 

 should be taken as expressing their strong anxiety to effect this ar- 

 rangement, and their conviction that to miss this opportunity of com- 

 ing to a settlement, will be to cause great inconvenience and probable 

 future loss to Newfoundland. For there can be no doubt that the 

 final failure of a negociation so long continued will tend to encour- 

 age both parties to resort to the full exercise of their existing rights. 

 When the expectation of ultimate agreement upon disputed points 

 is at an end, there will, it must be feared, be little encouragement 

 left for compromise or mutual forbearance. 



You are yourself the judge how seriously the mutual enforcement 

 of the powers which each Nation now claims, as against the other, 

 would be felt by various interests in Newfoundland. 



Should the necessary laws be passed by the Legislature of New- 

 foundland in its approaching Session, there will be time to bring the 

 subject under the notice of Parliament for the purpose of removing 

 any difficulties arising on former Imperial Statutes. 

 I have, etc., 



(Signed) H. LABOUCHERE. 



Governor DAKLLNG, etc., etc., etc. 



Newfoundland. 



