212 THE NEWFOUNDLAND FISHERY QUESTION. 



Lord Salisbury considers that her Majesty's Government must take the shortest and 

 plainest method of ascertaining what our international engagements in this matter are, 

 and of carrying those engagements into effect.* It appears to him that no time should 

 now be lost in making proposals to the French Government which may lead to Arbitra- 

 tion upon, at all events, the most urgent of the matters which are in contest between 

 them. It is hardly to be hoped that this process can be complete before the ensuing 

 fishing season commences. It may be therefore necessary to conclude some inter- 

 mediate arrangement, which probably would follow the lines of the arrangement made 

 last year, omitting those portions of it which have become inapplicable through the 

 lapse of time. It will be necessary to apply to Parliament to obtain the powers for 

 giving effect to any such arrangement ; as it appears from the course of legal proceed- 

 ings that there is at least doubt whether our officers, in taking steps for that purpose, 

 would be adequately protected against an action at law. The statute of the fifth year 

 of George IV. 's reign, which unfortunately was allowed to lapse, will probably furnish 

 the best model for legislation upon this point, as it only aims at securing the perform- 

 ance of international obligations, and does not interfere with the internal affairs of the 

 island. " 



In accordance with this Despatch, on the 19th March, 1891, Lord 

 Knutsford introduced into the House of Lords, a Bill to revive cer- 

 tain powers, which were vested in the Crown, by the Act of 28 George 

 III., for securing the performance of Treaties which Great Britian 

 has contracted with Foreign Powers. This Act lapsed in 1834, and 

 it is proposed to re-introduce it, and thus enable H.M. Government 

 to give such orders and instructions to the Governor of Newfound- 

 land or to the Naval Commander on the coast, for the purpose of en- 

 forcing the provisions of the Treaties of Utrecht, Paris, and Ver- 

 sailles, which reserved certain Fishing rights of France along the coast 

 of Newfoundland ; in other words to enforce the provisions of the 

 modus Vivendi agreed upon between England and France during 

 the Fishing season of 1891. 



In the meantime the reference to Arbitration of the Lobster 

 Fishery Question will be prosecuted by England and France, for on 

 the nth March, an agreement was signed at London, on the one 

 part for England by the Marquis of Salisbury, and on the other part 

 for France by M. Waddington, and the following are the provisions 

 of this Anglo-French Agreement. 



I. — The Commission of Arbitration shall judge and decide all the questions of 

 principle which shall be submitted to it by either Government, or by their Delegates, 

 concerning the catching and preparation of lobsters on the above-mentioned portion of 

 the coasts of Newfoundland. 



2. — The two Governments engage, in so far as each may be concerned, to execute 

 the decisions of the Commission of Arbitration. 



3. — The modus Vivendi of 1890 relative to the catching and preparation of lobsters 

 is renewed purely and simply for the fishery season of i8gi . 



4. — ^As soon as the questions relative to the catching and preparation of lobsters 

 shall have been decided by the Commission, it may take cognisance of other sub- 



