2234 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



That was the case of Campbell v. Hall, and when one conic- to 

 think about it. it must be so. Why, the Chief Justice of Newfound- 

 land was not sitting there under any Act of the Imperial Parliament. 

 He could only have been appointed by the Royal prerogative, the 

 very prerogative which he was assuming to limit and abolish, so far 

 ;i - t hat particular case was concerned. Until a constitution is granted, 

 the Royal prerogative is the only means by which such place- can 

 be governed; and in the case of Newfoundland there was not any 

 constitution until 1834. The question might arise as to whether 

 Newfoundland ought to be classed as a settled or as a ceded colony. 

 We have all had before us the treaty of 1713. by which France 

 ceded the island of Newfoundland to Great Britain, and the law 

 with regard to ceded colonies is perfectly clear, viz., that the King's 

 prerogative is absolute. It was more qualified with regard to settled 

 colonies. There the settler carried with him the common law of 

 England. Of course he could not carry with him the constitution 

 of England, so the King used to grant charters framed according 

 to the stage of development of the particular colony. All charter- 

 were granted under the Royal prerogative, and not under any Act of 

 Parliament. We have had instances of it in the grant of charters 

 and constitutions during the last few years in South Africa. Nolxxly 

 has ever doubted the sufficiency of the Royal prerogative for all such 

 legislative acts, but according to the decision of the Newfoundland 

 Judge they would all be invalid. 



I will say nothing about the point concerning which we had a 

 slight discussion a few moments ago as to whether or not this map 

 and the volume of proceedings ought to be admitted. I withdraw 

 any objection which I made with regard to that evidence. My 

 learned friend Mr. Root is at liberty to put it forward, and the 

 Tribunal may take it and read it. I am quite prepared to trust the 

 Tribunal. I would not like it said I had objected to the admission 

 of any document whatever. So the Tribunal need not trouble itself 

 to consider that point 



But there is one piece of evidence of real importance not only 

 of real importance, but of very high value which has been put in by 

 my learned friend Mr. Root to which I desire to draw attention. 

 Though it will be short, I hope it will be of service. He read. I 

 think yesterday, a passage which had not been previously read from 

 the American State Papers, vol. iv, p. 337. It related to the negotia- 

 tions immediately preceding the treaty of 1818, and was therefore of 

 exceptional pertinence and importance. He was laying down the 

 proposition that Great Britain had not only never claimed the 

 "bays" which were in question, but that she had refused to admit- 

 that they were properly comprised within the territorial jurisdiction 

 of a State. I am not going to comment upon that. That is part of 



