BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 351 



is, therefore, not apparent how a satisfactory test could be arrived 

 at by legal proceedings against local fishermen before the Stipendi- 

 ary Magistrate at Bay of Islands. Local fishermen are not able of 

 themselves to argue on the validity of an act of State or on the legal 

 and constitutional effects of maritime jurisdiction, or of this modus 

 vivendi, performed or entered into by His Majesty's Government in 

 the desire to do the best they can for this Colony and for the Empire. 

 They are probably not in a position to employ Counsel even at Bay 

 of Islands, still less to obtain the opinion of English Counsel. Pre- 

 sumedly the test cases would be brought before the Supreme Court, 

 and thence, if the test is to be finalized, before the Judicial Commit- 

 tee of the Privy Council. But access to the superior courts, so far as 

 the fishermen are concerned, could probably be had only by this Gov- 

 ernment meeting the expenses of both sides if legal justice is to be 

 carried to a final and convincing test. But I should hope that long 

 before that had been reached the present modus vivendi would be set 

 aside by a treaty fairly satisfactory to each of the nations concerned. 



I have, &c., 



WM. MACGREGOR. 

 The Right Honourable 



Sir EGBERT BOND, P.C., K.C.M.G., &c., 



Prime Minister. 



HOUSE or COMMONS, November 5, 1906. 



Sir Gilbert Parker asked the Prime Minister whether the Govern- 

 ment was aware of the feeling existing in the Government and among 

 the people of Newfoundland due to the late agreement made with 

 the United States in relation to the fisheries; and whether the cor- 

 respondence between this Government and that of Newfoundland 

 would be laid upon the Table at the earliest moment, and whether 

 this Government was aware that the Newfoundland Government had 

 decided to test the validity of the modus vivendi, and enforce the Act 

 which forbids the Newfoundlanders to fish on foreign vessels in 

 Colonial waters; and what action the Right Honourable Gentleman 

 proposed to take. 



Sir H. Campbell-Bannerman, in reply, said : " The Governor of 

 Newfoundland keeps His Majesty's Government fully informed as 

 to the state of public opinion in the Colony on the fisheries question. 

 The Secretary of State for Foreign Affairs has already promised that 

 the correspondence with the Colonial Government on the subject of 

 the provisional agreement with the United States shall be laid upon 

 the Table, and the preparation of the Papers is being pushed forward 

 with all possible speed. His Majesty's Government are aware that 

 the Newfoundland Government have decided to enforce the Bait Act. 

 I must decline to say whether any, or what, action will be taken." 



HOUSE or COMMONS, November 5, 1906. 



Mr. Ashley asked the Under- Secretary of State for the Colonies, 

 if, in view of the fact. that the Order in Council carrying into effect 

 the modus vivendi with France of 1890, respecting the Newfound- 



