THE NEWFOUNDLAND FISHERY QUESTION. 225 



as one of sufferance only, or rather as a right concurrent for French, 

 and British subjects. 



The next .subject dealt with by Sir William Whiteway, referred 

 to the objections raised by the Colony against the proposed 

 Legislation for the enforcement of the modus vivendi of 1891, 

 and herein he observes, that these objections are on the ground 

 that it was introduced into the Imperial Parliament, before the 

 Government or the Legislature of Newfoundland had an op- 

 portunity to consider it ; and he further adds, that neither this pro- 

 posed Act, nor any other Act, has ever been submitted to the 

 Colonial Government for their approval, as he considers it ought to 

 have been, in accordance with the Constitution granted to Newfound- 

 land by Charter. Now this objection cannot be sustained, for when last 

 year the modus vivendi proposed by France to England, was sub- 

 mitted to the Colonial Government, on the 28th, January, 1890, and 

 they promised to accept it temporarily, provided certain amendments 

 were accepted, and on the 12th March, when these amendments were 

 accepted by France and England it was submitted for a second 

 time to the Colonial Legislature for their final approval, when it was 

 rejected. 



It would appear, judging by the objections brought forward by Sir 

 William Whiteway, at considerable length, that the Colonial Govern- 

 ment overlook the fact, that the modus vivendi for 1891, for which 

 special legislation is necessary, is in the first place but temporary ; and 

 secondly, that it is forced on H.M. Government in consequence of 

 the serious difficulties that have arisen on the subject of Lobster 

 fishing and lobster establishments, difficulties, mainly, if not entirely 

 created by the Bait Act, passed by the Colonial Legislature. 



CONCLUDING REMARKS. 

 The position taken up by Newfoundland on this subject of the 

 modus vivendi, and of the necessary special legislation to give it the 

 authority of law, as well as of the scheme of Arbitration proposed 

 by H.M. Government, and accepted by France, for the settlement of 

 this Lobster difficulty, is undoubtedly an untenable one ; and the 

 alleged reasons in support of this position prove, the more they are 

 carefully examined, that England has a very hard nut to crack in this 

 Newfoundland embroglio, which unless speedily and effectually dis- 

 posed of, may prove perilous to the peace and prosperity of the 

 Colony. 



Q 



