60 COUNTER-CASE OF GREAT BRITAIN. 



ground of ad interim construction, by which existing friendly re- 

 lations might be preserved, until some permanent Treaty arrange- 

 ments could be made (British Case, App., p. 400)." 



INHIBITION OF COLONIAL LEGISLATION. 



The United States refers to the correspondence relating to the 

 " Thomas F. Bayard ' r and the " Mascotte " for the further purpose 

 of establishing that a British Colonial Secretary at one time (3rd 

 August, 1863) intimated, to the Government of New Foundland, 

 that local legislation, prohibitory of the sale of bait, would not 

 be sanctioned. But there is nothing to show that the Colonial 

 Secretarys reason for so intimating had the slightest connection with 

 the treaty liberties. In 1863, the reciprocity treaty of 1854 was in 

 force; and the Colonial Secretary's letter cannot be held to be in- 

 dicative c* the policy of the Colonial Office under other conditions. 

 Indeed, after the expiration of the treaty, such legislation was 

 sanctioned (United States Case, App., p. 806). 



