522 MISCELLANEOUS 



said Colony, in the name and on behalf of Her Majesty, shall be, 

 and be deemed to have been, valid and effectual from the date of such 

 assent, for all purposes whatever." 



Now, with regard to the shipping of Newfoundlanders to form 

 part of the crews of American vessels fishing within territorial waters. 

 This was permitted by His Majesty's Government under the modus 

 vivendi of 1906 in contravention of the Colonial law. The Colony 

 has prohibited the engaging of Newfoundland labour. This course 

 was rendered necessary because the United States Treasury Depart- 

 ment has ruled that herrings taken by Newfoundland crews on board 

 of American vessels may be landed free of duty just as though they 

 had been taken by American crews. The effect of that ruling has been 

 to give to the merchants of Gloucester, Massachusetts, what amounts 

 to a monopoly of the United States herring market, independent com- 

 petition being impossible in the face of an import duty equivalent to 

 25 per cent, of the value, which American traders are enabled to 

 evade. 



I would once again revert to the despatch of Governor Sir George 

 Des Voeux to the Colonial Office, at the time that the Act under which 

 this prohibition is enforced was before His Majesty's Government. 

 You will please remember that this Act has been on the Statute Book 

 for 20 years. Sir George Des Voeux said, in speaking for his Govern- 

 ment: 



As far back as the year 1844, the Provinces of British North 

 America had adopted legislation for the enforcement of the provisions 

 of this very Treaty. They were passed by Nova Scotia. New Bruns- 

 wick, and Prince Edward's Island, and afterwards by the Dominion 

 of Canada. Even while the dispute was pending between the United 

 States and Canada, an Act was passed to further amend the Act re- 

 specting Foreign Fishing Vessels, which, having passed the Canadian 

 Parliament, was reserved by the Governor-General for His Majesty's 

 pleasure, and eventually received the Royal Assent on the 2Gth No- 

 vember 1886. In March 1886, the Canadian Government promulgated 

 the following instructions to its officers enforcing the Canadian fishery 

 laws: 



" You are to compel, if necessary, the maintenance of peace and 

 good order by foreign fishermen pursuing their calling, and enjoying 

 concurrent privileges of fishing and curing fish with British fisher- 

 men, in those parts to which they are admitted by the Treaty of 1888. 

 You are to see that they obey the laws of the country, and that they 

 do not molest British fishermen in the pursuit of their calling, and 

 that they observe the regulations of the fishery laws in every respect." 



In a report to His Majesty's Government dated 1886, the late Sir 

 John Thompson, then Minister of Justice, and afterwards Premier 

 of the. Dominion of Canada, wrote: 



" The right of the Parliament of Canada, with the Eoyal Assent, to 

 pass an Act on this subject to give that Treaty effect, or to protect the 

 people of Canada from an infringement of the Treaty itself, is clear 

 beyond question. An Act of that Parliament, duly passed according 

 to constitutional form, has as much the force of law in Canada, and 

 binds as fully offenders who come within its jurisdiction, as any Act 

 of the Imperial Parliament; and the efforts made on the part of the 

 Government of the United States to deny and refute the validity of 

 Colonial Statutes on this subject have been continued for years, and 



