^1% ^, ^^v^. ^ 'V^^"^ .0^.. -t^ ■».' IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 us 1^ Itt |3j2 140 2.2 2.0 1.8 1.25 IIIIII.4 III 1.6 150mm "/ «$> /, *; o^^ %. A /APPLIED A JIIVM3E.lnc =s 1653 East Main Street W^ Rochester, NY 14609 USA S Phone: 716/482-0300 = Fax: 716/288-5989 0 1993, Applied Image, Inc., All Rights Reserved s f\ ^\ ^^^ ^^*^^ ^<^ '^:ie. CIHM Microfiche Series (■Monographs) ICMH Collection de microfiches (monographles) Canadian Institute for Historical Microroproductions / Institut Canadian de microreproductions historiques -tnn Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 0 n Coloured covers/ Couverture da couleur Covers damaged/ Couverture endommagte Covers restored and/or laminated/ Couverture restauree et/ou pelliculit □ Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure tetfie peut causer de I'ombre ou de la distorslon le long de la marge interieure □ Blank leaves added during restoration may appear within the text. Whenever possible, these have be''n omitted from filming/ II se peut que certaines pages blanches ajouties lurs d'une restauration apparaissent dans le texte, mais, lorsque cela etait possible, ces pages n'ont pas ete filmees. a n n Additional comments;/ Commentaires supplementaires: This Item is filmed at the reduction ratio checked below/ Ce document est f lime au taux de reduction indique ci-dessous. 10X 14X IfX 12X 16X 20X L'Institut 1 microfilm* le meilleur exemplaire qu'il lui a M possible de se procurer. Les details de cet exemplaire qui sont peut4tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite. ou qui peuvent exiger jne modification dans la mithode normale de f ilmage sont indiques ci-dessoui. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagto □ Pages restored and/or laminated/ Pages restaurees et/ou pelliculies 0 Pages discoloured, stained or foxed/ Pages dteolortes, tacheties ou piquees □ Pages detached/ Pages ditachtes 0Showthrough/ Transparence □ Quality of print varies/ Qualite Inegale de I'impression □ Continuous pagination/ Pagination continue □ Includes Index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de Ten-tCte provient: Tht tott Th« pOM oftr filmi Origi b«gii th«l •ion, othc first •ion, or ill 4 Thol shaii TINU whic Mapi diffot •ntin bogir right roqui moth □ Title page of iss Page de titre de issue/ la livraison □ Caption of issue/ Titre de depart de la livraison □ Masthead/ Generique (perlodlques) de la livraison ax 26 X 30! 24 X 28X 32 X Tht copy film«d h«r« has b—n r«produe«d thanks to tho gontrosity of: Library of the National Archives of Canada L'oxomplairo film* fut rcproduit grico A la gAnAroaiti da: La bibliothique det Archives nationales du Canada Tha imagaa appaaring hara ara tha baat quality posslbia eonsidaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacificationa. Original copiaa in printad papar covars ara filmad baginning with tha front eovar and anding on tha iaat paga with a ivlntad or iilustratad impraa- •ion, or tha back covar whan approprlata. All othar original copiaa era filmad baginning on tha first paga with a printad or iilustratad impraa- sion, and anding on tha iaat paga with a printad or illuatratad impraaaion. Tha Iaat racordad frama on aach microficha shall contain tha symbol -^ (moaning "CON- TINUED"), or tha symbci y (maaning "END"), whichavar applias. Mapa. plataa. charta. ate, may ba filmad at diffarant radustion ratios. Thosa too larga to ba antiraly includad in ona axpoaura ara filmad baginning in tha uppar iaft hand cornar, laft to right and top to bottom, as many framaa as raqulr;jd. Tha following diagrams itiustrata tha mathod: Las imagas suivantas ont «t« raproduitas avac la plus grand soin, compta tanu da la condition at da la nattat* da I'axampiaira film*, at an conformity avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura an papiar aat ImprimAa sont filmte an commancant par la pramiar plat at 9n tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'illustration, soit par la sacond plat, salon la eas. Tous las autras axamplairas originaux sont filmto an commandant par la pramiAra paga qui comporta una amprainta d'impraasion ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Un das symbolaa suivants tpparaltra sur la darniira imaga da chaqua microficha, salon la cas: la symbols -ii^ signifia "A SUIVRE". la symbols V signifia "FIN". Las cartaa. planchas. tabiaaux. ate. pauvant itra fiimte k das taux da riduction diffArants. Lorsqua la documant ast trop grand pour Atra raproduit an un saul clich*. il ast film* A partir da I'angla supAriaur gaucha, da gaucha A drolta. at da haut an baa. an pranant la nombra d'imagas nAcassaira. Laa diagrammas suivants lllustrant la mAthoda. 1 2 3 32 X 1 2 3 4 5 6 [No. 20 PAPEKS IN REFERENCE TO VARIOUS QUESTIONS AFFECTING NEWFOUNDLAND AND CANADA INCLUDING THE COlsrirEIlENCE A.T HALIFAX HEI.D DURING NOVEMBER, 1892 SESSION 1893 PRINTED tY ORDER OF PARLIAMENT OTTAWA PRINTED BY 9. E. DAWSON, PRINTER TO THE QUEEN'S MOST ,^^ EXCELLENT MAJESTY • 1898 [No.20i«.sed Convontion between Newfoundland and Un ted States Page. I>atcli Scotia on Ko. lOU. "'^of^rd M'^rris.^M'ii'rh?, 1 'f''"''' -^"^ -^'""i l«»2.-Acki.owledges recei,,t of Order in Council oi oni .nnrau l»\lj, ni which he is rwoniineiMW to discuss the iK)ints at issii.> witli X'.,vuf.>„.„ land representative Has had no instructions, however, and M',rHar?ev C rTt. rn„r^ fc Pe m il'somc'^.'utSXd'oij;'' T '-.■^".'-'-"K" "f the',„.„,.sal " hU ^net Air. h" v y'atNTr.' Sf;^ion:^d,i?S:^':^SK,:i';; i^x;^ rs' i^S;;;:;Sn ''n^rr^r^'' «U1. ^^iiil^^=Sii5Mr=s=a ,, - nating revenue bill, Iteservation asked for. Legislation ^^!I?!J1?'^ retnjactive provisions to legalize post action, .veservation against Jfewfoundland fishermen in Canaticable. P«ff«. Maodonald detailing tl.t- Hulwtance of a ccnverna- ifc-T'*^' °' ^'.""l ".V"'''" 'l««J'»"=h calclated to tion exchaiiKed with Hon. J. (i. Blaine. The i.„.»,^,o^- oi a&y exc1udrerd;TrrortV'r«^^^^ i' •" -ent^ 5.e-v;;fo;;;;;?Unrh^ therefore arise . , . 7. . '^ °' conversation. No question of intention could Ko. StMI. KnoIoMH a cutting from the High^CommiMioner for Canada to the Prime Minister, 18th May. 1892.- tl .in..r o.^ U^ween Can^d; ^^^^^ i^^*^?^??^e=f«a^ r/i,;;. „L7 v^anana to tne I'rime Min ster, 18tl Tmes new«i«i)er, announcing statement by the TTnd House of Commons to th« nffw-t tli.t f i, r. ' "j :."" House .;fc.,;;;^;;.'^s to th:e(^^t\hrtthrpZi^^ 'cTviilrnt.r '°' t^'*"^-^" i'^^'™ '» '»>« ^«^t^i^'??a^c£^teEr^^^^ Wo. »07. ^°V^re?ssu^^TSe^?-untt:«on'^ffiia^«t^^^^^^^ STo. »OH. """deSfy l.^i'ffira!:.ls^- •'''""■ ^"^ *^'*^' 18«2.-Euquiry is being made ' licenses Wo. SOS. ^^^vliS^l of Marine and Fisheries to Command, i!-8quimalt Pomt for mstruotions re cod traps to answer er Wakeham, 20th May, 1892.— Call at No. aio. licenses between fishermen of both countries tlS^dniaSor'. . !T . . . .'!".!'.""''!°" °' '"P STo. »11. '^t^orofS^wf^un^^fnl'lS^^inl^-t^i^^^ fn>m Gov- 10 11 11 11 12 No. SIS. r quo of 1889 for the;current year (1892) . . 12 Wo. S18. Lord Stanley of Preston to Sir Terence O'Brien 22nfl Mav isq9 m™..™ • j -^l Wo. S14. ^"l^^'T'S^ "^ ^''*'5'"" *^ ^'^ Knutsford, 22nd May, 1892. -Replies to 2Ut Mav 1892 Pan .^ll™!'"*'"'''""^ 'T'^^f ^■■°'» N^'^foundland with satisfaction, and h^answeml that proclamation suspending duties on fish and fish pnxlucts was bein.; u^L^ "^A^^J^Jhl would be made "to received of removal wmg duties on fish and fish products was being prepared. Arranirements ' of ^^'diS/tutrra^drr .°.^. .'!"!^.^^;'!*".™~ Wo. SIS. Deputy-Ministerof Marine and Fisheries to Commander Wakeham 2.Sr<1 Mat, 18QO t •„ u i not defining licenses to NewfoundlanderaVS thos^ Usued to them i&!*®^;7^!^"!* ."^^^ Wo. S16. 12 12 13 13 13 I of Council 7th w iiracticable. Donnoil (1143), l)18th April, d L^ginlaturn, ivfoundtand to from a letter of a cimverHa- h calculated to foiiiiHland had iitentioti could ittinj from the Affair* in the Hand and the ri patiu with 1 Lord Knuts- he way of re- ^•f. 10 > net licenses ie to answer 892. -Call at ( guo of 1889 ision of trap 11 U 11 12 e from Gov- rear (1802) . . 12 iment a^rrees tional duties swfoundland ith satiafac- ig prepared, nouncement omplete re- 1892. Can- swered that Tangements louncement license book tomatioalljr Die manner 12 12 13 13 13 h't NEWFOUNDLAND AND CANADA. iii w*. air. ^'■lSi?»"i'*''»"' ^'*""!1 *^ ^'" T'"^'»'i',' 9'Hrien. 24th May, lHit2. -Could not a formal notice of intention to remove duties reciprocally be accepted as sufflcient on both sides to remove deadlock. Wo. aiH. Sir Terence O'Brien to Li.rd Htanlev of Preston, 24th May, 1«!»','. -If any .lifticulty U. anticipated lx)thr,overninenU could fix on (fate for reniovalsimultane..UHly of imiiosition of duties on re- 8p©ctivc products No. Ml*. Commander Wakeham to l)..puty Miniiter of Marine and FisherieH, 24th May, 18!»2.-f;ives names of wight Newfoundlanders to whom licenses on Canadian Labrador were issued in 1891 Wo. a»o. Sir Terence O'Brien to Lord .Stanley of PreHton, 25th May, 18!»2. - A mutual notic agreed to remove duties on and after Fnday, 27th May, 18112. Proclamation will issue on reply .T . . . Wo. ««1. Lord Stanley of Preston to Sir Terence O'Brien, 2«th May, 1892. -Dominion Oovemment ajrree to remove duties on and after l- riday, 27tli May, 1«!»2, on underHtaiidinif Newfoundland does 1 ke- wise same .lay, and also removes reHtrictions as to bait fishes. Prcjclamatioii will issue tomor- row afternoon on assumption of agreement Ix-ing carrie°^S^"1^' ""^ ^^"^' 1^^ (imH). -Dealing with Colonial Office desiiateh, 2Gth March. 18!B. (No. 190 preceding papers.) The Newfoundland Tariff Act was held to be discriminative, and i>ast action of Newfoundland renders Canadian Government naturally apprehensive of letris- lation giving such iKJwer .,,., Wo. SSI. Minute of Council, 6th June, 1892 (1194 H).-Dealing with a desnateh from the Hi.,(n.age used with regard to Newfoundland s intention to exclude Canada from bait supply. H-;-;' . imending that conies be sent to Governor of Newfoundland 17 20 iv NEWKOUNDLAND AND CANADA. No. «»«. Page. 'M LonI atRiiltrwiinling cl.'M|MUt'li with en- d<»ir«'ii received frmii tliH nit(h Ciiiimii»«iiimT for Caiimla un the Hulijeit iif tlin HlleiriHl state- iiieiit regiirdiiiK tlio intention of Newfoiindhmit to exiliwhi ConiMlianH from Imit i>rivilegt« No. «»». LonI KnutMfonl to \m>ti\ Stimley of Prentoii, Utli .lune, 18U2.— Reawm to believe Newfoumllaml prcf' ■» Cimftilrt ai< a meeting plivcts for CuiiferencH ^1 Xo. )t84. I^irl KnutMfonl to Lord Htnnley of I'rtHton, 2lMt .Fiuie, l«»2.~AcknowlMlKinK rweipt of de»i«tc;h I'.lth May 1WI2, (No. 20,H iireciMlinK). Hince tlmt date n lonBidenvbh' clmnge liaH taken iilaie in tlie attitiidii of Newfoundland and it in ho|K-at Canailian (ioverninent nhould with- draw action for recovery of suiuh collected; the huiiih Ix'ing tiiHing in the aggregate. Such action would find favour •'^ No. «M6. Sir F. B. T. Carter to I^ird Stanley of PrcHton, 12th July, 1H!»2.— Acknowlc lge« No. and encloHurcH in relation to the Btatenient alle<. Minute of Council, 23rd Septemlwr, 1892.— A deputation from Cinadian Government can meet Newfoundland delegation at Halifax any time after 10th October, 1892 24 No. «41. Minute of Council, 23rd 'Sei)teml)er, 1892.— Apixjinting the Minister of ^lilitia and Defence, the Minister of Customs and the Minister of >Iarine and Fishei 'es a deputation U> confer with dele- gates from Newfoundland • • NO. «4S. Sir Terence O'Brien to Lord Stanley of Preston, 25th October, 1892.— Delegation from Newfound- land purpose leaving on November 2nd, by Allan mail steamer 2 No. «4S. Minute of Council, 29th October, 1892 (1289 H).— The Government of Newfoundland still declining to entertain the claim of Mr. Henry Dicks in regard to the schooner "Hattie" and for a refund of Customs duties ; the Minist«'r of Justice recommends that the paviers connected therewith should be referred to the Newfoundland Conference 24 No. «44. Minute of Council, 29th October, 1892.— Apiiointing the Minister of Justice on the delegation in room of the Minister of Marine and Fisheries, who is called to England on official business No. «45. Sir Terence O'Brien to Lord Stanley of Preston, 5th November, 1892.— Delegates start 6th Novem- ber, 1892 NO. !e4«. Approved report of a Committee of Council, 9th December, 1892.— Submitting copy of proceedings of the conference at Halifax between the delegalei from the ttovernipents of Canada and New- foundland 26 2(5 26 No. 198. Lortl A'nufK/ui'l to Lord Slntil>-i/ of I'rfMon To His Kx..ll..„c.y ^'""""'"'^ "''■'"'"^"•' •'^^'' ''^'"■•^•''. 1^82. The (JovtMiii.i-OtMieral in Cnuiicil, \c., &c., it,.. 79, . f t|„. 10th Mard,, f..rwunhn« the suhHtu.ue of tho resolutionH ,,h.ss,.,1 by the eK,.htt.ve UHs,.,nl.yof ^o^a Scotia, re.pec.ting the propose.! reciprocity conve^ntS between Newtoumllrtiul and the United HtiiteM. y toi^enuon T have, \c., KNUTWFOHI). No. 199. Vic-roHiA CHAMnKUri, 17 VicTOHiA Stkkkt, Ti,„ « II .1 T. • London, .S.W., 2ml Ai)ril, 1H92. Ihe Hon(tiiriil)!e the Prenner, ' Ottawa, Cana»la. SlR,--I have the honour t.. acknowledge the receipt of a copy of the order in conned date,! 5,.l March, 1892, on the subject of the refusal of t'he «ovemn en' of Newfoundland to issue ba.t licenses to Canadian tishern.en. I „,.tice ir the report signed by lie nun.ster of .|ust,co and the minister of marine and fisheries that it is reconunended. in accordance with a suggestion made by L<,rd Knutsfor.1, that I should be instructed as to the views of the government, and be requested to act, on behalf of the Dominion, at a conference with a representative from Newfoumlland, to discuss the points at issue between tiie two colonies. T desire to take the opportiuiity of mentioning that I have not so far received any mstruction up.,n ti.e subject There was some allusion to the matter a little while Jo in the newspapers but at the mon.ent 1 was under the impression that my name luul oeen used instead of that of the mini -m- of marine and fisheries I found out subsequently, however, that this was no. J case, but, in the meantime, Mr. Harvey he represen ative of he Newfoundlano government, who was in this Country at t^^ time, had returned to St. Johns. ^ Hi sfenW ''pTT""' ' """"" '^nyt.l'in^'it all of the proposal, I met Mr. Harvey at the St. Stephens Club ,„ company with Mr. Pennell, the chief clerk of the Canadian de- partment of the colonial oHice, and at the re.,uest of Mr. Harvey met him at Mr Pennell s ofhce at the colonial olHce, and discus.sed the various points in dispute with Inm. Mr. Harvey informed me that the Canadian government were altogether under a raisfipprehension in supposing that the etiect of the Bond-Blaine convention would be to discriminate against the imports of the Dominion, and showed me the new tariff in which the same reductions were made. T pointed out that I was equally under th» im pression and quoted the language of the convention, which I contended would ^stiU oiihge them to make a corresponding reduction below the tariff he showed me Mr Harvey stated that there was no intention to discriminate against Canada ; but it was clear however, to me that if the convention had gone into operation the United States would have demanded a reduction in the duties in their favour, etiuivalent to the ad- vantage to be given to them under the pniposed treaty. Mr. Harvey suggested, in the course of the conversation (and showed me a memor- andum to that effect), th..t if Canada would remove her oppositions to the Bo.TSne convention and suspend the duties now charged on Newfoumlland fish, Canadian vessels would be allowed to get bait as heretofore, and that the imports from Canada would be 3 NBWrorMllLAND AND CANADA. re«t«»re olitiiJii Ixiit, iiimI ii'inov*' tin- jiroliihitDiy duticH on iniiMntM t'l-oni ('iinii(ln. tlu-y wouUI rewivw tM^uiilly fiivounilih* tri-iitmont from tlie Canii{o\frnnii'nt, l>ut that tlif IJond- Mlaiiif ron\*'ntion waH n niucli widt-r <|uestion, and on** that could not Im* adopttMl witli- out a iiracliial aliioj{ation of tin- Tivaty of l.'{ly that I thouKht it wim to the interest hotli of Canada and Newfoundland to act toj^ether in matters w hicii coneerntd Hritidh interests in North AmericH, no far as it was possible to do so, and reminded hiui that a similar view wiis expresseil liy a joint connnittee, of which he was chairman, of the le^jislative council and house of assembly of Newfoundland, a|i|H)inted to consider the subject of the export and sale of bait, when they were seekinj; the passage of the Bait Hill of iHHfi. Of course you will understand that this interchanjie of op'nions U'tween Mr. Harvey and myself was of purely an informal nature, but in view of the order in council referred to alKive, I think it well to accjuaint you with what has taken place. I am, sir, your obedient servant, CHAHLKS TUPPEIl. Nf No. 200. Lord Slanley oj PvcMton to Lord Knntn/iu'd. (JOVKIINMKNT HoUSE, OTTAWA, 30th April, li^92. The Rijiht Honourable The Lord Knutsford, CS.C.M.O., «S:c., &c., A'c. My Loud,— With refece.ice to jjrevious correspondence on the subject of the rela- tions l)etween this Dominion and the colony of Newfoundland, I have the honcjur to forward copy of an order in council embodying a report by the minister of marine and fisheries, who represents that he hus received information that it is the intention of the district court of that colony to decide that the imposition of extra duties upon Cana- dian g(M>ds under the jjrovisions of the Newfoundland Revenue Act was ilegal. In view of the rumoured intention of the Newfoundland government to enact ex post/acto legislation to legalize the exaction of the.se duties, ministers recjuest that her majesty's government Ije moved to consider the propriety of instructing the governor of Newfoundland to refuse hei' majesty's assent to any such legislation. I have, ikc, STANLEY OF PRESTON. [Enclosure 1 in No. 200.] Certified Copy of a rejm-t of a Committee of the HonouraUe the Priry Council, approved by His Excellency the Governor-Ueneral in Council on the 25th April, 1S9J. On a report, dated 19th /pril, 1892, from the minister of nuiriiie and fisheries, stating that important infornuvcion has reached him touching the relations lietween Newfoundland and Canada. , , ,. The minister observes that it appears for the purpose of testing the legality of the imposition of the " extra " dutieH imposed by ^y>ly of retidiation against Canada, upon certain articles under the (as.sumed) authority of" the Newfoundland Revenue Act, an action was begun in the district court of that colony, against the receiver-general, to WKwror!fi»tA!«i) Ajrii pavada. • ZZZlZ^. " "" """"• "'"''" ^'-.i""-"-**-" "' that c-ou.t, ,mid u,ulorpr..teM in Tluit wl.il,. u|. t.. ll... tin,., of llu. r,.,.H|.t of fh,. iiifonnntio., ju.lumfnt l.a.l not v^t of no „■. of a..t.on tl... ,.|..intiff woul.l In- non H;.i,...|, ,h,. .'(....j, . \ ^r^^^^^^^ e.tal hsi, tl... pmH,,. f th.- -hs.. i„ f.vo„r of ,1... riyl.t to n.n.v.T l-aok t u- " . . ^£:^..^i:::'::^L:'!-;t^r ' '■ '■•"■■" •''"■'"'- ukiJ^u:';;;, ;:n ;r:;;::!:::. j,t';;;|;:.'::;:;,,;:'. S;"::,;',::- ":" •,";■, '•■■'■ '"t "' ;','|-V-",' r '■> ' ' ""• «''"■■•■■■■'■■■■■' '■' New^ I ..; S. ';is,^7„ CiiniulmMN for th.- ,.u,|.oHe of .at.hinK l«iit Hs|„.s ncensw to New^^nZl' "'"•"' ^""""' '^' ' '•• ''••"" ''''^ '^--■" - • "•-"" <— t of tl... J'"V'!!'"r''" /''''"■*■' '" *"^'l," ."♦•"•"'-'" '" •'"• nnnour..,! int.-ntion on th.. mrt of tl.-N..ufom,.ll,m,l Kov.-rn t of int.o.lu.in« into tlu- l.-Kislatu... ..f timt c,.l , v , act .. U-KHh... the n.,,H.H„ion of th.- .h.ti.-s al.v.uly ill.«allv in.,,o.H..I. .i u . l.i 7that JO nt notion .h ...„.« t,ik..n ..y ....rtHin Cana.li.n in.,HMUTs an. ship ..•,- t i . v tt r u:,:;r;;^r';;r3;:.^;. ;; !';:!:;:^r'-'"- ""• •"- ^^ -' ^-" - 1.;;;' "in ciu^^i^^i'cL::!:-^ *'-, IhH nnnist..,- is not awar.- of any j.articular ivaw.n for su|.p..sinL' that hiv. pvn„i ency th.. Kov..,.no,. ot N..wfoun,llan.l uoul.l refus.. asxent t./suur^ W n "s Tnt The coninntt.>o, on the m-onnncndation of tli.- minister of marine .ii„l fiu».„ • .Mlvise that your ..xcellency I.e n.ov.-.l to forwar.1 ...p; f , ^l n i r if ™^^^^ h.,nght honourahe the principal .se..r..tary ..f static f..r the cZt; irTrXma tion .,f hern.aj..stys Koverinnent, to^etiier with a re.iuest that her n.aiestvX ., :;;;; ;l3;i:'c,"' - " "■« '-^">- ■■' '■-"-"»« •■■'■ «' '--■ ^V^^.szi All which i.s respectfully suhniitted. JOHN J. McGEE, C/erk o/t/ic /'ruty Council. No. 201. Lord Stanley of Preston to Lord Knntsford. i'oth April, 1892. Canada nuide unconditional proposal direct to Newfoundland t.n the 16th inst tn resume xtatm r,no for tins season, to .-nahle efforts for settlen.ent by cn£ence/r other wise to l)e mmle, and have receiv...! an unfav..ural.le reply ' c..nrerence o, other- My government now learn that the government of ' Newfoumlland has introduced revenue b.ll, c.,nta„onj, . iscrinunatin« tariff against Canadian pmlucts ^1^^ with immaterial verbal amendment. . ' wiore, with isqn^r''"'.*".'"'^^''" !!'^'"'«^'^t'^« I"-'visi.,ns which lej,^ilize the license fees exacted in 1890 for which Canadians are now, with prosp,^cts of .success, seekin-r re.lres inth« courts. They hope earnestly that her majesty'.s Rovernment will have tl.e hil? a and will, while legislation hostile to Canai i.^ co^tinueT decHne su on it """'"'' Pressure of nubhe opinion m,u-, it i. feared, render nece.s.sary ie-osiat Lm resDoctin.. hshing in our waters similar to that enacted against our fishermen by" ^SundTand! ^ 20d,c,/-lJ STANLEY. 4 NEWFOUNDLAND AND CANADA. No. 202. Office of the High Commissioner for Canada, Victoria Chambers, 17 Victoria Street, London, H W., 30th April, 1892. The Hoiumnihle The Prime Minister, Ottawa. Sir, — I have the hoiunir tn transmit herewith for your information, a copy of a letter, witli ench)sure, whicli 1 liave received from the colonial office respecting a state- ment made in the Newfoundland legislature as to what passed at my interview with Mr. Blaine at Washington in April, 1891, together with a copy of my reply. I have the honour to be, sir, your obedient servant, CHARLES TUPPER, Ni(jh Comniisaioner. [Encliwure 1 n No. 202.] Colonial Office, S.W., 23rd April, 1892. Sir C. Tupper, Bart., G.C.M.G. Sir,— I am directed by Lord Knutsford to transmit for your information a para- phiase of a telegram from the governor of Newfoundland respecting a statement made in the Newfoundland legislature as to what passed at your interview with Mi-. Blaine in April, 1891. The governor of Newfoundland lias been recjuested by telegraph tt> repeat this message ttj Lord Stanley of Preston. I am, Sec, EDWARD FAIRFIELD. [Enclosure 2 in No. 202.] Sir Terence O'Brien to Lord Knutuford (Received April 12th, 1892, 11 p.m.) Telegraphic' (Pnraphraxe.) At the request of my government I forward the following minute of council : My ministers consider it desirable that her majesty's government should be hnmediately informed of the following facts : On the 6th instant the leader of the opposition stated, upon the authority of Sir Chai-les Tuppei-, that Mr. Blaine asserted, at the conference held with Sir Char-les Tupper and Sir J. Pauncefote on the 2nd April, 1891, that Mr. Bond had expressed intention of this government to exclude Canadians from bait privileges. As the leader of the opposition purports to quote from a despatch from Sir C. Tupper to Lord Stanley, my government innnediately telegraphed to Blaine asking if statement was cori-ect, and received the following reply ; " I never stated to , Sir Charles Tupper that you had expressed the intention of youi' Government to exclude Canadians from bait ; you never said anything of the kind to me. Sir J. fauncefote, who was present at the interview with Sir C. Tupper, says that no such a thing was said or alluded to." This emphatic reply establishes the fact that no promise was given or implied that Canadians would be excluded from bait under convention, or that United States would be in any way differentially treated. [Enclosure 3 in No. 202.] 17 Victouia Street, S.W., 2Sth April, 1892. Sir, — I beg to acknowledge the receipt of Mr. Fairfield's letter of the 23rd instant, transmitting a paraphrase of a telegram fron» the governor of Newfoundland, NEWFOUNDLAND AND CANADA. 5 reapectiii-^ a statement made in the Newfoundland legislature as to what passed at my interviews with Mr. Blai^.e in April of last year. It appears to me that there is .some misapprehension iu the matter. I have lever stated that Mr. Blaine lUnserted in my interviews with him that Mr B(.nd had expressed the intention of the Newfoundland «overnnient to exclude LaniKlians from bait privileges. What I did say in my report to the late Sir John Macdonald uiion the subject was as follows : — "" "Mr Blaine said that it did not appear necessary to negotiate any treaty with JNewtoundland, as that colony had expressed its readiue.ss to give the United States the privileges they enj(.yed by their ..wn action, and that thc^y proposed not only to .rive ,1 ^l United States fishennen, but to refuse to give the same privilege to Canada" I told Mr. Blaine that the Bait Act in Newfoundland had received the assent of her majesty upon the distinct pledge of Sir An.br..se Shea and the then premier of New- toundland that Canadian vessels would not be affected by it. That I understf Newfoundland a little closer answer cannot be leXy he government? s'"^" "y i-"" Baron H. de ,Vorins._It would be contrary to precedent to present papers until negotiations are completed. * '" pip^s uiiui NEWFOUNDLAND AND UNITED STATES CONVENTION. Mr F. Evans asked the under-secretary of state f(jr foreign affairs whether her majesty s government had declined to assent to the convention betw. -n the United States government and the government of Newfoundland. .«i ^^Y: J-\L ("ANAIM. 16 No. 224. Lord Stanley of I'vxhm In Lord Knuh/ord. (^'"''•I"-^"^) OiTAWA, 27tl, May, 1892. r sent £olIowiii« meHNage t<. governor of NevvfduiullaiHl, SOth Miiy ■ - " l>oniim..ii Kov».n. i,t uffive t.. n-mcv.. duties on mul utter L>7th Mav, ..'ri tlie under- 8tanre»ton to Lord Knnhford. (reU,jm,n.) Ottawa, i.'8th May, 1892. My telegram of 25th April, private. I learn that a hill of same purport is l,einK pressed thr..ugh legislatu.e just now. I hope that it will not he allowed to pass with out reservation. It appears to me to 1« ..bjecti.,nal)le, both as being unfair and as being retroactive. STANLEY. (Tehijram. ) H. M. lewfoundland No. 226. Lord Knntxford to Lord Staidey of I'regton. .30th May, 1892. New?' ^i ^"/^""^ ^''*'' satisfaction intelligence in your telegram of 27th May lus to KNUTSFORD. No. 227. Lord Stanley of Prexton to Sir Tn-PHM O'Brien. (Telegram.) . Ottawa, 30th May, 1892. Sincerely glad that matters are on a lietter footing. We fully appreciate con cihatory attitude and reciprocate kind feeling. Could you now ascertain informally what tlieir views are about a conference. It appears to me that it would be best held in London. One of our principal ministers will probaljly be there before long uixm other business and you might prefer him to high commissioner. What would suit best as to time ? On hearing from you I propose to telegraph .secretary of state for vJie colonies. This telegram unofficial, but Dominion ministers would a^ree Plea.se show It to prime minister if you think fit. " STANLEY. ' )e NEwrof 0 AJ»I> rVNAp*. ' J. 228. Lord KnittM/'oni to Lord Stanley of Pretton, (rfUijrnm.j) .MHt May, 181)2. Hf'fiTriiig to yoMt* telegriiiii of i'Sth May. follnu og tfU'gmin xeiit tu guveriior uf Nt'wfiiiiiulliui(l, Miiy '.^('ith : •" f^iw otfirers nf tlie itdwii lulvisu us rcufircls ciistniiH tlutit'M li'vicd iiiidnr sfction l.'J of HeveiiiH) Act, lHi)l. (^ucfii muy In- piopfiiy lulvispil to iillow rt'tro,sj)»'t"tiv(* provisions eoiitiiiiu'il in your tflf»>,'i'iiin of 'J'tli April ; as ri'giinis lirensp fees umler Unit Act, they advist" iiixlcr any jin'tt'ive statutoi'y or other authoi'ity for I'hai'giiiK ^U''h f< es ougiit to l)»' sanetioned by reti'ectivo legislation; if Mevetuio hill anit^nded accordingly you may asst nt to it." .Section l.'J of Newfouudhind Act was adopted in IHH.') in view of section 4 of Canada Customs Act of that year. I hope that iie^'otiations alxyut to he iM'yun will result in nidditicalions in cections of Caniulian and Newfoundland Acts referred to. Despatch follows hy mail. KNUTSFOUI). 'I No. 229. Lni-il /{iiiifsj'orif til Lord Stmi/i'i/ of I'l'rshnt. DowNiyci Stkkkt, ;Jlst Muy, 1892. Oovernor General, ic. My Loiti), — I have tln! Imnour to ftC(|uaint you that her majesty's government have hud under consiileration your despatches and i' V grams respecting tlie itevenue Hill which has l»een pa8se tY... sums chtrged for license fees under the Rait Act i'n 1890. as there was i.^ ■■:•■■,. uf <• or other authority for charging such fees they ought not to be sanctionei hv ;; f)a 'tave legisla, i r.. I have, therefor., if" a, ndance with this opinion informed the governor of New- foundland that if the bill is amended by the omission of the retrospective provisions as to the bait license fees he may assent to it. I have, Ac, KNUTSFORD. NKWrOUNDUND AND CANADA, 17 No 230. All o£ which is ipspwt fully submitted. JOHN .J. McOEK, Cf-ivk ot'tl,,' Privy Cmntcil. [KncloHiire 1 in No, ZV).> Depahtmext ok Maiune anij Kihiiehieh, T. Ui I,' .1 .. .. Ottawa, 19th April, I89U. lo «is hxuelleiuv tho G<.veni„ * important feature of the draft co'nVentlon.^o whidrie cTiS ^ v^^^^^^^^^^^ true, has already objected, but which is not dealt with by Lord Knutsford StntPs-'^ '■ P'y:'"»; "f t'le convention, it is proposed, in subsumce, by the United ?amula.^ ■""""'' *" ^'"""'" *'" ^'"'^'^ ^'* Newfoundland in prefere^ce^cl those of This feature of (Hscrimination is clear, wifwl* ""' the Canadian go^ernment strongly objects. It involves a ,,olicv fraught with the grayest conse,,uences in the consideration of i.nperial interests in Br^isl S h WnTnited * ''^ P'"'"*"'''^ '"^ ''"*^"''^ *" '''^•'^'^' thoseNnterests wldcl^.l^e IliS therit/'.f v*^T'''n'''^Ti V'"'"^''""'* favoured treatment through a surrender on a:iEb^ u:trS;:^^^r" '"'^'"""" ^^^'^^ ^-*"''-' '- ^-^^^^'^ ^-i- - The undersigned submits that the interest involved under this convention of 1818 concern neither Canada nor Newfoundland alone ; but, affecting both as they b thev concern Cana.la to a much greater degree than Newfoundland ' ' '^^ effect 1. ff VT' 'f- ^''« "»fl«''«S''«l a .sanction of the draft convention amounts in effect to the destructum of important Hshery clauses of the treaty of 1818 ' of threVrbut'Tt'lt^rV*'" 1^!"'"^ ^'"'''' ".?>■ '-''-y f"-"l^^''l>- -^l^- t'- attainment ment b. fV.. ii •. !'' >'*'.V'*:';T''' .'*^' ,>'"^"'' excellency's government that n., govern- ment in Great Britain will aid him in the endeavour govern His lordship refers t<. the action of Canada in granting licenses to United States' fishing vessels under the terms of what was known ^s the ntodus viv.ndi of TsSs. Your excellency will olxserve that Canada is highly eiKWd ^.y her m.^esty's gov;!;;...;;^:;;^ lnr:;Se wi^rSriS of her majesty's commissioners and a representative of the governnient o Sf " mf and at ^Vashlngton in 1888, and subsequently sanctioned b^he le Matures of N^w founc and and Canada, and always by acts of 'parliament. In this a, ran"ement New" foundland co-operated w th Canada, until it appeared possible to th^t "olony that advan age could be gained for Newfoundland at the cost of Canadian interests ^ It IS not to be forgotten, moreover, that the licenses granted to United St^ites' fishing vessels in Canadian waters preserve intact every provision of the treaty of 1818 rSt reV ton : fht^^'l ^T"' ''■"" 'T *^ ''^''^ ^"''-^^ atVlt of SIS registered ton ot the vassel whose owner takes out a license No discrimination in the United States or in Canada is obtained in exchange for thi« arrangement, and no interest of Newfoundland or of the British LpireTs impair d On the other hand it is now proposed by the draft convention, and conte Zmn« ous action on the part of Newfoundland, to exclude Canadian veSels LT the^Sv" ment of privileges which are to be given free for a term of years to vesse s of the UiS States, and contrary to the provisions of the treaty of 1818' The cases are not, therefore, it is submitted, analogous In conclusion, the undersigned remarks that the reference to imperial legislation in daL~£^^^ft " "■'."■ ''■ ''r^f"'^ *'^^ P°«'*-" take'n by Si S. ;-h n claiming that the draft convention involved Canadian interests as well as those of Newfoundland, and it i. submitted that the imperial parliament could and Luld mo te^ct^these interests, which .so much affect the prosperity and solidarity of the BriS , The undersigned thoroughly agrees with Lord Knutsford in the manifest desir ability of removing any misapprehensions as to matters of fact and intention so as to leave the way open to a friendly settlement of the question at issue '"'^"''""' '° '^' *° fn fV,: J ""««''«'g"'''J recommends that a copy of this report, if approved, be forwarded tTo:^fffm':;::tyfi:ytrr'^^^ -'-'-'• ^' ^^^*^ '- *•- -^--. i^jz^ Respectfully submitted, CHARLES H. TUPPER, 20d, e /— 2i Minister of Marine and Fisheries. 20 NEWFOUNDLAND AND CANADA. [Enclosure 2 in No. 230.] (Despatch 26th March, 1892.) {See No. 190, papers relating to Canada and Newfoundland. Session of 1892, page 183, 23c, d, e, f, and h.) Nck 231. Certified Copy of a Report of a Commit tee of the Hono n-able tlie Privy Council ajyproved by Ilia Excellency the Governor General in Council on the 6th June, 1892. The committee of the privy council have had under con.sideration a despatch dated 30th April, 1892, from the honourable the high conunissioner for Canada, transmitting a copy of a letter with enclosures, received by him from the colonial office, respecting a statement made in the Newfoundland legislature as to what passed at an interview between the high commissioner and Mr. Blaine at Washington in 1891, also his reply thereto. The minister of marine and fisheries, to whom the despatch was referred, observes that the high commissioner quotes the language used by him in the communication to the late prime minister of Canada in connection with his interviews at the conference at Washington during the year 1891. The minister, in this connection, desires to call attention to the minute of council, dated 18th May, 1892, upon the same subject, which deals more fully with the state- ment as made in the Newfoundland legislature. Tlie committee, on the recommendation of the minister of marine and fisheries, advise that your excellency be moved to forward a copy hereof, together with copies of the despatch of the high commissiouer, with its enclosure, to the governor of New- foundland, for his information. All of which is respectfully submitted. {See no. 202 preceding.) JOHN J. McGEE, Clerk of the Privy Council. [Enclosure 1 m No. 231.] [Enclosure 2 in No. 231.] {See Enclosure no. 1 in no. 202 preceding.) [Enclosure 3 in No. 231.] {See Enclosure no. 2 in no. 202 preceding.) [Enclosure 4 in No. 231.] {See Enclosure no. 3 in no. 202 preceding.) h fc *. No. 232. Lord Stanley of Preston to Sir Terence O'Brien. Office of the Governor-General's Secretary, Ottawa, 11th June, 1892. His Excellency Sir Terence O'Brien, K.C.M.G. Sir, — With reference to your telegram of the 18th April last, dealing with a state- ment alleged to have been made by the leader of the opposition in the Newfoundland legislative assembly on the authority of Sir Charles Tupper, as to the intention of Newfoundland to exclude Canadians from Vjait privileges, I have the honour to forward hoi-ewitli a copy of an appitjved ininute of iho privy council, 6th June, 1892, submit- ting copy of a despatch, with its enclosures, received from the high commissioner on this subject. NEWFOUNDLAND AND CANADA. 21 I have, &c., BTANLEY OF PRESTON. • No. 233. Lord A'nuts/ord to Lord Stanley of Preston. ^ June 17th, 1892. try asiLer.TcT f^'^'^T ^'^^^'^-^^^f ^'^^^ govem.nent prefer Canada to this coun- commuSteiS k f ""'t'"^f « "^ '■«l''ti"»« ^^ith Canada. Your mini.sters should me^tTng! Newfoundland government as to best practical arrangements for KNUTSFORD. No. 234. Lord A'nuts/ord to Lord /Stanley oj Preston. The Governor-General, Downing Street, 21st June, 1892. itc, &C., &C. 157 0{\tT9ih\t!'%!tL^r''" *" '^^V'^'^'^"'^^" *'^" '''^'Vt of your despatch no. aginupi/inAlJ.f fK^' ^"'^'^'tling copy of an approved minute of the privy council S acticf of the NeXnrl^''T'"' ''' *'" ^""""'"^ governn.ent as to tL leyiit" o dian fish« shS^^u^^^^^ m refusing to issue bait licenses to clna- Since the fkte of tnn. i ^ ^ - ^^^ ^"1'*^'*'' committee of the privy council, in thfrtt tude : y^^^^^^^^^^ considerable chang^e lis taken place that the friend ydiscuS of the n! I^t""' "'"/ ^er majesty's government hope I have, (fee, KNUTSFORD. No. 235. Lord A'nuts/ord to Lord Stanley o/ Preston. Governor General, Downing Street, 6th July, 1892. The Right Honourable Lord Stanley of Preston G C B more friendly attitude towards Canada, it would be a "n^cpfnl^ h.ve „.nv adopted a 22 NEWFOUNDLAND AND CANADA. There is still, unfortunately, considerable feeling against Canada existing in New- foundland, and this cannot fail to be intensified should these actions be pressed, and thus the good hopes which her majesty's government have entertained of establishing the relation of the two colonies on a permanent and satisfactory footing might be seriously imperilled. The sums paid do not amount to much in the aggregate, and the persons who have paid them have nf) doubt long since written them (»ff, so that little hardship would be entailed on individuals by the withdrawal of the actions, and I am confident that the forbearance of your government to press their claims in this matter would be highly appreciated in Newfoundland, while it would certahily be viewed with satisfaction by her majesty's government. • I have, &c., KNUTSFORD. No. 236. Sir F. 3. T. Carter to Lord Stanley of Preston. The Governor-General, &c., <&c., tkc. Government House, St. John's, 12th July, 1892. My Lord, — With reierence to your lordship's despatch of the 11th June last, respecting a statement alleged to have been inade by Sir Charles Tupper in relation to the exclusion of Canadians from British privileges within this colony, I have the honour to state that I have submitted your lordship's despatch, with enclosures, to the executive council. I have, (fee, F. B. T. CARTER, Administrator. No. 237. The Marquis of Rijyon to Lord Stanley of Preston. His Excellency The Lord Stanley of Preston. Downing Street, 26th August 1892. My Lord, — I have the honour to acknowledge the receipt of your despatch of the 30th of June, forwarding a copy of an approved minute of the privy council dealing with the question of discrimination between Newfoundland and the United States. In reply I have to acquaint you, for the information of your ministers, that I must not be supposed to assent to the contentions raised in this minute, as they have already been dealt with in previous communications. I do not think it necessary to discuss them further. I would observe, however, that there would appear to have been some misunder- standing between the minister of marine and fisheries and one of the delegates from Newfoundland re.specting the mode of enacting the Newfoundland Revenue Bill of 189L That measure was received in this department from the colony exactly in the form in which it now stands amongst the statutes of the colony ; it was not returned to New- foundland for amendment, and it will be seen from the Journals of the Newfoundland legislature of the 4th of May, 1891, that the amendment in question was made in the usual manner by the legislature. I have, (fee. RIPON. NEWFOUNDLAND AND CANADA. No. 238. 23 Certified Copy of a Report of a Committee of the Hmionrahle the Privy Council approved hj llv> E.vcellency the G^jyernor-General in Council on the 12th datecr6'thT,rv'"?Ho'?f^' privy council have hml under consideration a despatch, dated 6th July, 1892, from the right honourable the principal secretary of state for tL7lZ77r"7 \'^\ ""^^"''*^ "* ^"" °"^J'^''^y'^ government to authorize the government of Newfoundland to issue a proclamation bringing into force the secti.m of tnpo^ec7dTrh!i'l890.'''"^ " "'"*"'"'' *^' "•"'^^''"" "*' '^' '""* '•^«"- ^^^^ »V, f J'^7""/'f*«'' !* marine and fisheries, to whom the despatch was referred, observes that his lordship the secretary of state for the colonies expresses himself as strondy ot the opinion that, under the changed condition of affairs between the c.lony of New- found and and the d..minion of Canada, it would be a graceful act on the part of the Canadian government, and m accordance with the spirit of the mo,ln, vlvLu atrreed upon, if they were to withdraw the actions brought f..r the recovery of the sums paid tor such license fees. ^ The minister further .observes that it is said that the sums paid do hot, in the aggregate amount to much and the persons who have paid them have no doubt l.mg since written them off, and that little hardship wr,uld be entailed by the withdrawal of the actions while it would be appreciated by Newfoundland, and be viewed with satis- taction by her majesty's government. The minister suggests that, in his view, according to the understanding under which proceedings Avere instituted, the Canadian government would seem to 1^ under a moral obligation U^ the litigants to carry on these suits, if possible, to a successful termination, nor could the claimants be asked to forego their demands unless Canada were prepared to assume the liability of Newfoundland. However small the am.nints, the claimants are for the most part ill able to afford their loss, and tho minister does not conceive that the hope of establishing good relations with Newfoundland, would be .seriously impaired by insistence on what Canada is advised is a just and legal claim inasmuch as it is not to be presumed that the government of Newfoundland would desire to retain any amount which might be found by the proper tribunal to have Ijeen exacted without the authority of the law. The minister, with every desire to promote go(xl feeling between Cantula and New- toundland and to co-operate with her majesty's government in the maintenance of the beTbanT r" fraternal relations, is unable to recommend that the suits in question The committee, concurring in the above, advise that your excellency be moved to forward a copy of this report, if approved, t,j the right honourable the principal secretary of state for the colonies, for the information of her majesty's governiuent All of which IS respectfully submitted for your excellency's approval JOHN J. McGEE, Clerk of the Privy Council. No. 239. Administrator of Neivfoundland to Lord Staidey of Preston. St. John's, Newfoundland, 15th Sept., 1892. I Am requested by my responsible advisers to enquire of Y. L. earliest possible date _ at which It will be. convenient for a deputation of Canadian government to meet delega- tion from this colony at Halifax to discuss fishery question and other questions of differ- ence between the two governments. ADMINISTRATOR. 24 NEWFOUNDLAND AND CANADA. No. 240. Certified Copy of a Report of a Committee of the Honourable the Pnvij Council approved by Ilia Excellency the Governm'-General in Council on the 23ri September, 1892. The committee of the privy council have had before them a telegram from the administrator of the government of Newfoundland to your excellency, dated the 15th September, 1892, hereto attached. The eonnnittee advise that your excellency be moved to inform the administrator, by telegraph, that a deputation frcmi the Canadian ^(overnment can meet a delegation from the government of Newfoundland at Halifax to discuss the fishery question and other questions lietween Newfoundland and the Dominion, any time after the tenth day of Oct(.l)?r next. The committee further advise that the government of Newfoundland be invited to name a day subsequent to the tenth of Out' Ijer, on which it would lie convenient for their delegates to meet a Canadian delegation. JOHN J. McGEE, Clerk, Privy Council. No. 241. Report of a Committee of the Honourable the Privy Council approved by His Excellency the Governor-General in Council on the 23rd September, 1892. The committee of the privy council beg to recommend to your excelle* cy that the minister of militia and defence, the minister of customs, and the minister of marine and fisheries, be appointetl a deputation to meet and confer with certain delegates from the government of Newfoundland upon the fishery question and other questions between the two governments. JOHN J. McGEE, Clerk, Privy Council. No 242. Sir Terence O'Brien to Lord Stanley of Preston. St. John's, Newfoundland, 25th October, 1892. My Lord,— Referring to my telegram of October 22nd, delegation from Newfound- land purpose leaving on November 2nd by Allan mail steamer. O'BRIEN. No. 243. Certified Copy of a Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council on the 29th October, The committee of the privy council have had before them a despatch, hereto attached, dated 20th June, 1892, from the administrator of the government of New- foundland, advising that his government still decline to consider the claim of Mr. Henry Dicks for the restoration of his schooner "Hattie," which was seized by the New- foundland officials, and for a refund of customs duties claimed to have been illegally collected from him, and also a report thereon, hereto attached, dated 19th August, 1892, from the rninistcr of marine and fisheries, to whom the above mentioned despatch was referred, in which it is recommended that the despatch in question be referred to the minister of justice for his consideration of the steps which may be token in this case. NEWFOUNDLAND AND CANADA. 25 The minister of justice recommends that the claim in question and all papers in connection therewith-minute of council of 31st December, 1890, no. 2840 minute March, 1892, no. 560H-l)e referred to those members of your excellency's council who are alwut to confer with commissioners from the government of Newfoundland in respect to divers matters i.i diflerence between that colony and Canada, with a view to their obtaining proper settlement, and in the event of no such settlement bein- ettected that the papers be again referred to the minister of marine and Hsheries iS order that the whole matter may be brought to the attention of her majesty's govern The committee submit the above recommendation for your excellency's approval. JOHN J. McGEE, Cferk of the Privy Council. [Ejnclosure 1 in Xo. 243.] Department of Marine and Fisheries, Canada, To His Excellency ^'"^^'^' ^^'^' August, 1892. The Governor General in Council. On reference, no 1289H, from the privy council, dated 14th ultimo, covering copy of a despatch of the 20th June la,st. from the administrator of the govermnent of^New- toundland stating that hi.s ministers still decline to consider the claim of Mr. Henry Dicks, for the restoration of hi.s schooner "Hattie," which was seized by the Newfound- land ^ 1 *"'* *r ^^^ 'f "."'^ ""^ ^"■"^"'"'^ ''"*'«■'' '^'•"'»«1 1« have iKjen illegally collected S^ }"f' i^ ""flersigned has the honour to recommend that the despatch be now referred to the honourable the minister of justice for his consideration of the steps which may be taken in this case. *^ Respectfully submitted, CHARLES H. TUPPER, Minister of Marine and Fisheries. [Enciosure 2 in No. 243.] Administrator to Governor-General. The R,-.ht Honourable ^^-^^^^^^- House, St. John's, 20th June, 1892. The Lord Stanley of Preston, tfec, &C., il'C. My Lord,— In answer to your lordship's de.spatch of the 30th March last, forward- ing an approved minute of the privy council with reference to the case of Mr. Henry SntdeJthniafm " *" '"^""" ^■""'' ^'''^'^'^' *'"'* my ministers still decline to I have, &c., F. B. T. CARTER, Administrator. [Enclosure 3 in No. 243.] Certified Co?y oJ a Report of a Committee of the Honourable the Privy Council. approved by His Excellency the Governor-General in Council on tlie 26th March, 1892. f f I^^''T^!l"fl? ^}'^ priv-y council have had under consideration a despatch (hereto attached), dated 10th April, 1891, from the governor of Newfoundland communicating 26 NEWFOUNDLAND AND CANADA. ft letter from his colonial secretary, clate the customs othcials of either «oyernnient, up,.n jto-mIs which were fn- consun.ption in the territory of another country, it was clJarly a 4^" ti. n cm Lw tior for those governments interested, am! not for the trader or , tficial Mud n werl could neyer be recognize,! as existing in an officer of any governine* '"'' P""''' that the ?l3 ""/."'''r' '^"' the Hudson's Bay officers ha,l informed Mr. Parmelee that the .Newfoundland cust,.ins officers had collected .hities at Rigoulette ui.on 3s U^ayriy"""" '• '" *'"■ ~'l'ti"- i" Camulian territory in tL tigl.irrh.iS n^Ll. r • ^ the delegate.H fn.in ijoth c.untrie.s, that if irregularities of the cliaracter 3:;t-d o?."'"" '""^ """"•"'' '* ^-"' " ""^"'^■' "* '-'"'"-trati?.n .solely, .Jnd would l^et "^yith reference t,) the b,.undary questi,.n, Sir William Whiteway said that tl,« ji?s uKl Xk g«^'e'-»"'^"t. '"h was now in the colonial secretary's office in St Mr H,utv ,tT i^T. TT"^^^' *" '^"" "' "'^"^""^ the true boundary. ResteThyt^l^'!!!!FT^7l^^^^^^^^^ * F-^^JWe boundary sug- ™e,7o CaSS ^"awa. That the go?- The QuStJm J i r 1 '^^ "* '•""'"''"•y "^''"-^ y^t undecided, -ine question ot the b,)undary in I^iln-ador was further discus.sed f<)r some time „nrl shUTrrjwS sf; w-r"vv,r^''^"* 'r'^- "^ ^vhi^hdi^e'nt c^cSr^ snown, none ot which, Sir William Whiteway said, was the map referred to by him. THE BAIT QUESTION. THE BOND-BLAINE CONVENTION. Can«.dti^Ie!e^tV.^ST7 T^^'f '' *''''* '* ^""'^' '^" ^•"•""ht, he desirable that th« VKWFOUNDtAND AXD C.WAIM. 29 tl,ati„ ll,„'lte„i,,„„i,v Tr,U, wr/af ,, i^ r^^ in 1871, wl.e,. tl ', Wasl.in^t . T lu^^ ^^^ t hut treaty. AKuin, .n..nt was uuule with tl.. .i.l.niMi.strnti.M, „i tl,,- L^.it..! Stutes i. Ssl' v ""^"T interests were j-rotected. He. ve..,.i,e..t was r s, , 1 ?. ' •^••^^■»"" "<"''"•'« ne«..ti.vti....H a,',l a p..„visi.,.. wL" . se ■ 1 . 1 , : ^f l'' "' ''% ^'''....s staKes of the North A.i.e.-.ca.i cnlo.i es n lui.ld 1„. n..isi(h-i-ee f.o... the B. it , .'i. st l at Wai. '/""': ' '"i ^''•"''• ve..tio.. was .... the poi..t of ,,.,..« co..eiud;J: t;::;;: ;l^ : ^^.;;., ;j j^.;;:';; hea.d, a...l wl.e.i she aske( for the option to he i..eh..le,l in ,.., / "'1'1"'!"""K\ "t '•')•/ of the i-ights a..d i..ivile«es which her Hshe.'...e.. had ...evioiislv e.-oved «nrl wh; K He quoted an add.;ess of the legislatu.e of Xewfoundla.id i.as.sed in 1852 assertinL. these principles ,n .•elation to the negotiatio.is fo,- the treaty of 1854. He alt 'X.S o the decision of he.- majesty's gover.m.e.it to the like purport when stei. ^ et r'L take,, to effect a sepa.-ate a.-m.i«e...ent with Prince Edward Island * *' wl.» f T" *'! "P^'"",'^ fair a.'.'a..-e..,e.,t with the U.iited States we.-e only .-elaxed when It was found that the conditions i.nposed would sow the seeds J LTJi • te«ration ; a..d he thought that a.iy sepa.-^te ar..an,;,..;::; sud. Ttt 1 S ^ e ^ " ve.it,nn, would clivuh. the hithe.-to u.iited inte.-ests of B.-itish Anie.-icvv.r e^mTe " He refen-ed to the fact that the convention would acco.-d to the U.TJ St Z hshermen privileges in Newfou.idland which we.-e de.iied hy the t.eaty . ^1818 and that any ah.-ogatio.i of the provisio.is of that t.-eaty woul.l^seriot iT;^! C .i/iZn fo andT- Tf' '^"'^'VT'^ '^'''^''' ™«"*"'- ^'•«'" ^''« discrin,i..ation hefo -e Xr ed to, and from the less of the henetits of the treaty of 1818 'truiea «.,k/''i'' ^^'"''"".^^''r*''-''"^ ''■'''•''' ^^"^ Canadian delegates whether, supposin-. for the sake of argument a united time was tixed to afford ai^ opportunity for Canada" to ner.! me with the United State.s, and those negotiations iK^coming futife, they wou d p^S n their protest aga.n.st the completion of the Bond-Blaine convention ? ^T ZSt th s question he observed that if co.-rect, as contended, and no doul.t it was so that he SS" :. ltl";;t; tfi^X^T" ^^""'^^ be admitted free to the United Stateff/om «i;; fi!" * n ? ,' ■^^'^''"^••'Si^"«s to Canada to have admitted free from there also, then ,£ Canada could not obtain the concessions and Newfoundland coukWlo s^ > 30 NEWPOl'NDLAND AND CANADA, Wdulfl it not \m ii<',<(*ficinl to tbf ♦•n ipiif HM II whole, if iv part nmld olitiiiii the inivil •'Ki', iiltlioii^li tin- V li. i< cmilri not ? Wii-, it an fvidrncc of fiicndlincsH for (Canada to ol.jwt to Nfwfoundlarnl lo Ih> lit-nctitid I iccauNi- Canada could not? Hi- tl that tl it'n wfiit on to arjitio II' (.|)t'nin;( up of a new niarkt't in the United States for Newfoundland tinli would indirectly Ih- hcneticial to C-anada in withdrawinjif the tish sent to the I'nited Htates f other niarketH. rum A discussion then followed as to the arti cles enumerated in the convention, and the question oi crude niinends havinju' Iteen mentioned, Mr. Itond stated, that although it was not stipulated in the ilrnft convention sulimilted to Sir Julian Pauneefote liy Mr, Blaine, it was th<»rou>{hly understood that crude ndnerals should lie admitted m the event of a resolution of approval hein;; adopted Ity the Boston chandler of coumierce. Thi.s resolution of iipproxal had lieen adopted, and he (Mr. Bond) had connnuiiieated HUch to Sir Julian I'aunci'folc and su;;ycslcd the insertion of the words. Sir William Whiteway, reviewin;; concisely the position of Newfoundland, h fish and the disaliilities undei' which she lal . loured, conseijuent upon the French Ttvaty ([uestion, repeated his cpiestion and asked, whether in view of all the circuni- Ktanees. in the event of Canada failing to secure a reciprocal arrangement for herself withi I a ).'iven tin lid lie would persist iii lier retusal lo lu'ciuiesce ni a convention .secured hy Newfoundland ? Sir .lohn Thompson thought timt the Caiuwliau delegates .should hardly he asked to make a pled;,'!- in advance. It would lie only fair to see what the urounds mi),dit he on which equal arranjioments wouhl he refused to Canada, assuming; that they were to he refused. If they were refus"d on the jjround of Canada's Hdelity to the interests of the empire, Canada could not lie lilamed for askint; that the iirotection of hei' majesty's government should still lie extended to her jieople a;jaiiist a convention which would injure theii' interests. Sir William Whiteway contended that Canada would not he injured, hut New- foundland would he henehted hy the Boiid-Jllaine convention. Mr. Harvey reviewed the circumstances which led uj) to the Bond-Blaine cl,AND AND CANADA. 81 to .■r.tfr into refi,„.M.d a.m,.geii„.„ts with Urilisl, ,ol.,..i... with whi.-h no ..utsi.h. vex.-or) l,!t«»i.22!t 2.041,144 2,<)7ti.2.").S 2,423,;)li) 2,4!l!l,i»45 [iii)KiitM fmm riiitcd Stiiten. 2,214,733 2,H3!),.S02 2.14r),!l2S ],!C..-),27M l,,7!Hi 288,4."i3 2.">8,or.7 327,!I2:) 48,-), 202 4r)2,100 580,577 ■I Mr. Chaph^au j.re.sented .letailed returns of tlie trade l)etween Canada and Xew- fuun.Iland ,lur,n« the last Hve years, as .shown by the Canadian trade returns. The toIlowln;^' i.s a recapitulated summary :— Fiscal Year. IMPORTS FROM NEWFOUNDLAND. 1888, 1889, W.Hi. Total IniiK>rt8. 426,7lii> 488,874 •i70,3H2 751,121 !)25,05C Total Free Goods. Total Dutiable. 39(.,480 484,t;23 400,545 7.V.,724 698,104 30,289 4,251 9,81 14,397 226,952 Entered for Home Coiisunii>tion. 421,50!! 488.0.50 41.9,039 751,(H)3 7M,249 Duty collated. 3,211 l.i«7 3i386 3,452 4,191 32 NEWFOUNDLAND AND CANADA. EXPORTS TO NEWFOUNDLAND. Fiscal Year. Total Exports. Produce of CaniKla. Not the Produce of Canada. 1888 1889 18!K) 1891 1,52.3,827 1,303,3;« 1,185.739 l,4(i7,iK)8 1,750,714 8 1,422,802 l,147,een evinced by Canada as illustrated by the fact that, although the Customs Act empowered the Canadian goverinnent to collect duties on fish imported from Newfoundland, its provisions had been held in suspense, so far as that colony was concerned, with the exception of two or three months, when through the irritation of the Bait Act it had been allowed to go into operation. Mr. Harvey explained that the amount of Newfoundland fish which appeared as "Entered for home c(jnsumption " in the Canadian trade returns, was misleading. Almost the whole of this fish was transhipped from Canadian ports to other countries, and was merely entered at the ciistoms to a^■oid the cost and trouble of warehousing. As to the duty not having been exacted, though enacted on Newf(mndland fish in 1885, the Newfoundland government, at his (Mr. Harvey's) suggestion, immediately 0)i learning of the imposition of duty on Newfoundland fish, inserted a clause in their tarift imposing a heavy differential duty on articles coming from any country, which possessed the right to use Newfoundland fishei-ies, and still impose a duty on fishery products when exported from the island. This automatic clause caused the merchants and millers of Canada to bring such pressure to bear on their government that the duties were not exacted on Newfoundland fish. Mr. Bowell pointed out that the Trade and Navigation Retui'ns of Canada did not bear out that statement. These returns showed clearly the (juantity of fish imported from Newfoundland and entered for home consumption in Canada, and also the quantity imported from the same colony and subsequently exported. Entries would not be made as indicated by Mr. Harvey. If an entry were made for innnediate expf)rtation, it would be so entei'ed in the customs returns. The trade in Newfoundland fish, particu- larly herring, was of much greater importance than indicated by Mr. Harvey. He then explained how these statistics were kept, contending that they were in the main correct, and that if any errors existed, it would be in the omission by the officials in entering the full quantity imported. A desultory discussion followed, after which the conference adjourned until Thursday, at 10 o'clock a.m. W. V. WHITEWAY, Chairman. M. BOWELL, R. BOND. J. A. CHAPLEAU. A. W. HARVEY. JOHN S. D. THOMPSON. DOUGLAS STEWART, .Secretary. Thursday, 10th November, 1892. Conference resumed at 10 o'clock, all the delegates being present. THE BOND-BLAINE CONVENTION. Consideration of the Bond-Blaine convention was continued. Mr. Bond discussed the points referred to by Sir John Thompson during the previous day's proceedings and dwelt particularly on the suggestion made, that in all NKWFOUJJDLAND AND CANADA. 33 negotiations aflecting the interests of thp Ttrifid. yr^^4.i a • , . dependencies should be consulted He rofprrl ? American colonies, all those obtain the right to ne" t ate is we 1 n« fl ^""'?-^''""« convention. These efforts to vention undefkcu sk , Si he submit e/T!!"" "''^' l"" connection with the con- ^vould appear by the de^td- L e-^^^^^^^^ .egularly taken, as could be attempted by his government a^ re^rl P !' discrimination, would, nor tariff suggested^n fl.fur IT^J^Z TtltS kit STdtge^rnThH.:' ff ''ll^^ be consummated by a revision of the Customs A^t \"^.*'"''"^^.'\'° <^he tariff could only important ir.lerests ..f Newfoundland were overhXl plf ' . . ^ '' '■^™''' protest .soinst „, nnnngement inerelv on the .Zmi't, S., 1. . \?* 'f "8 " '" «lva,,...g., whici, CnaTl. h.d .-.pe.L^ L^pS to t^^^^^^^^ "S """n ! rsrt;'=S.,!rzt-!f;»'£ 'S^^ t'lrssfs r fc'si :oi-£-£5tf - of retaliation which had been made, the Doniinio^ ' gove«^ "^'T^' her opposition to the Newfoundland conventi.jn tIp nr. nTf/l . !u ^ P**'"*"'* '" su.h a ^ition, contending that it w^rZ^^un^ ^Ici^SLItfTt^ll^SSiS ;.iusl suffer for acts cumuutted by the United States and for which Newfou ul 2 w .n^no way responsible. He hoped tha. he had niisunderstood sl^Jl^r Ttps^ 20c/, e, /■— 3 s i 34 NEWFOUNDLAND AND CANADA. Mr. Chapleau asked the Newfoundland delegates whether they questioned the right of Canada to appeal to the imperial authorities for protection in trade negotiations in which they considered their interests were being prejudiced. Mr. Harvey would not go so far as to deny the right of Canada to protest, but what he objected to was that she should persist in her protest in view of the explanations and reasonable assurances which had been given. i: Mr. Chapleau asked if it was to be understood that the convention cjid not involve any disadvantage to any of the provinces of British North America, and if the delegates from Newfoundland were prepared to give assurances that under no circumstances should such discrimination be made ? Mr. Bond, " certainly." He thought it should be remembered in considering this !l I question that for many years Canada had obtained from the United States certain con- cessions under treaty in return for privileges, which Newfoundland alone could furnish. He referred to the bait privileges. Up to last year it was believed by the United States that Canada was able to .supply her fishermen with all the bait they required. This idea had been exploded by the enforcement of the Bait Act against Canadian fishermen last year, for it was then clearly demonstrated that Canada had not a sufficiency of bait to meet her own requii'ements, and that Newfoundland held the key of the position as re- gards the Canadian, the United States and French bank fishing. He took the position that, if f^anada desired in future to obtain concessions from the United States in ex- change tor privileges whicli it was now evident that Newfoundland could alone confer, it was another reason why the colony should demand and expect the withdrawal of Canada's protest. Mr. Bowell pointed out that the provisions of the proposed treaty did not, in his opinion, bear out the interpretation put upon it by Mr. Bond. There was a distinct provision in the convention that flour and other articles, the product of the United States, should be admitted into Newfoundland at a lower rate of duty than that charged upon the same articles when imported from other countries. He could find no provision giving the same advantages to Canada. On the contrary, the Americans had stipulated that in the case of a reduction of duty on these articles when imported from other coun- tries, a like reduction should be made on the articles mentioned in the treaty, when im- ported from the United States, which seemed to imply that the same difference in duty in favour of the United States should be continued during the existence of the treaty, if ratified. He could not conceive it possible that Great Britain would refuse to give her consent to a tariff act, as suggested by Mr. Bond, passed by the Newfoundland legislature, to give effect to a treaty which had been ratified with her consent, nor would Canada ask her to do so after consenting to the ratification of the treaty. He belie\ed Mr. Blaine intended, when he accepted the wording of that paragraph, that a discrimination against Cana« ^^-'^^ Prepared, with concurrence of the premier of New- toundland, to give the following assurances ■ F'^""ei oi xxew- entiJ'iliS':-l?hf^;:;S«"'^'""*^^^"^'-8'--^ New^.undland that no differ- (2.) That the same guarantee will be accorded that the lishermen of Canada shall haj, and continue to have the same rights and privileges as the fishermen ofNetVund! the ioi J!;;t :r'"" "' """"^ "'" '^ ^"•^P*"*' '^-^^^^ «" *'- «^«*-" - P'-tice under in fhVTjV'^Xl'T'"''''^^''' Stipulation that Canada should have her fish free of dutv W't[\ these assurances he asked the Canadian delegates whether they would not consider the propriety ,.f relin,uishing their protest agahist the c,.nventio7 "°* were PnTrV'''"*,''^ "''**•'''* *'''''"*^S'"^''"»'^^'^'^^i''»« mentioned by Mr. Harvey Si^fEl^lj^Sr^^^;;"- ''''' ^-^-""and previous toV irSS land S:it^r;:^;;^rL£ti s:,t:r'^^ "^^^^^^^^^^^^ w.e^:s^rePtl:^S:^^^^ as foreign caught, and so taxed it, and by the clause in her t iHff of lS^ h 7 Newfoundland fish exactly the sam'e as United St2T "foreign "fil ""^' 5I0DUS VIVENDI LICENSE FEES. «nr,vf y-^'l"?u ^^^*"t^^"^y '''^"e'l attention to the fact that Canada had never made Shafn"l f f ^er^'nenV'^ Newfoundland for a statement of the .uiiort' ece ved by that colony for licenses under the modus vivendi. He complained of the irre^n h, r proc^ure on the part o the minister of marine of Canada in TpXil/ L the hS^^^^ the ^:^%^^=J^:i:::^^^ Is^-^i::^ Ir^- i: these licenses. From inquiries made he had learned that Sir James Winter wfs n er -o uV" anVln ' ^'T'"'') .T'-."^f""-tion had not l^en asked f J," muT ir"." tuswi, dnd thi»4uc«tion of me division of license fees might have been .settled had application been made direct by the Dominion go^•emment to the g'nemment of New foundland, and friction upon this point avoided go^emment ot Wew- 20rf, e, f~'Si 36 NEWFOUNDLAND AND CANADA. BAIT QUESTION — JOINT ACTION. A discusnion then ensued as to the proposal on the pait of Newfoundhmd that Canada should aid in protecting the bait fisheries of Newfoundland from depletion. Sir William Whiteway pointed out that the attempt on the part of Newfoundland to protect her fishing interests against French l)ounty-fed competition had been greatly hampered : (1.) By the infringement of the Bait Act V)y Canarr. Haivey assured the Canadian delegates that any action by the Canadian gov- ernment in the line suggested, would be of immense benefit to Newfoundland and would be greatly appreciated by her citizens. He desired to remind the Canadian delegates that the (juestion of concurrent action in this matter had been considered by the "hon. Mr. iiowlan, who, he understood, had reported favourably upon it. The suggestion had also been conveyed to the Canadian government through their high ccmunlssioner in London, us tp ■ shown in the published despatches. He desired also to add that New- foundland and Canada had each taken its respective course with regard to the treatment of the United States fishermen, after the expiration of the Washington Treaty, without consultation with the other. Mr. Bowell said he was surprised to hear that statement, as his recollection was tha< Newxuundland not only knew what was being done, but concurred in the arrange- ment, and an-iinged for a division vi the fees collected. He would look into it and bring up the question at a future meeting of the conference. MODUS VIVENDI LICENSE FEES. Mr. Bond said there would appear to be some misunderstanding as regards the returns of license fees collected l)y the respective governments horn American fishermen under the modua vivendi of 1888. It had been agreed between the governments of Canada and Newfoundland that the fees st) collected were to Ije equally divided. The Newfoundland customs department complained of the non-receipt of such returns, and no division of fees had taken place. He was in a position to furnish the conference'with a return of the fees collected by Newfoundland, and a.sked that the Canadian returns might be laid before the connnission. The question was allowed to stand. ^ NEWFOUNDLAND ASSURANCES. Mr. Bowell then asked the Newfoundland delegates to state definitely their attitude with regard to the assurances which had been given by their predecessors that the pro- visions of the Bait Act should not apply to Canadian fishermen. Sir William Whiteway stated that while he felt the force of the position, that a succeeding government wjik obliged to carry out the engagements made by th-ir prede- cessors, yet it must be remembered that the assurances referred to were not contained in a minute of the executive council of Newfoundland — they were never communicated to the legislature— tluifc there was no record of them — that the promises were made by Sir Robert Thorburn, then premier, by Sir James Winter, then attorney-general, and by Sir Ambrose Shea, who was not a member of the govermnent— that the fact of such NEWFOUNDLAND AND CANADA. 37 promises having been made was only kn„wn to hin, (Sir William Whitewav) and his not De aHected by it? Although he made these remarks he admitted the force of the byTht:;sr; '''^' *''^^ '*^' '^^" '"^^"'^^^'^ *" "•'^^•^'•- "pi"-^-' ^' tf- B"?' 1':: Mr. Bowell said he was glad to hear the assurances given l.v Sir William as anv anc s?rr:orhtlvUarr*''r"''^'?% ""' '^"^. «overmnent. Vithout S'^Lsur' iWof the aot bv V T " ''°"''' '''''■' ^i^'"''-'"^^" he'- opposition to the sanction- ing ot the act by her majesty's government, nor is it likely her majesty's sanction would have l>een given to the act had Canada persistefl in opposing it. ' ^ Conference adjourned until Friday at 10 o'clock. S-nr\^\.^^^^^^'^^''^''«*'-'««"- M. BOWELL, A \vux p VT.V ^- ^- CHAPLEAU, A. ^V . HARA El JOHN S. D. THOMPSON, DOUGLAS STEWART, Secretar;/ Halifax, 11th November. 1892. Conference resumed 10.30 o'clock. BAIT ACT — JOINT ACTION. Sir John Thompson continued the consideration of the desire expressed by New- found and tl.. Canada should adopt legislation t.. aid in the enforcement of le New- foundland Bait Act He called Sir William Whiteway's attention to the doubt as to the power to adopt legislation against oflences committed outside of Canadian territory He intmmted the wil ingness of the Canadian government to facilitate in any way S ceedings for the penalties incurred in connection with bonds. The right to sue on sCi of procedurf ""' ^"* '' ™'^'^' ""' *''' '''''^''' ^'"'"^'^^ ^°">'^ '^ '^^^^^^^^ - ^ matters ThnnfnL?''"r"v?^''i^^'''^^' ^P'-^^^^d great pleasure at the intimation given by Sir John Thoinpson, adm. ted the doubt as to the validity of the legislation involving control out- side of territorial waters, but said that what i;^ewf„undland really required was tlie power to prosecute in Canadian courts and to enforce the ,>enaltiesif fin^ iWi rment aiid conhscation as though the proceedings were being had in the courts 'of NeXS DIVERSITY OF ACTION, 18S6-8. Mr. Bowell called attention to a statement made by Mr. Harvey at a previous meeting, that Canada had originated and carried into effect the morfw. t'4«rfi system of hshing hcense.s without in any way cimsulting Newfoundland. He point^l out that, on the contmry, before the vmd us vivendi system was adopted, the government of New- love inH e?»«f «^J' «^ s^\o^-f l^y Pul>lie despatches which he quoted, and that the whTch were alnf H ?""S^ n ''^."•'"'«»""ed several suggestions as to d;tails, some of Mr. Harvey explained that, in making the statement Mr. Bowell referred to, he W^hl^'t'o'irTrLt "''""' Canadian govermnent, taken at the expiry of the Sir John Thompson pointed out that the concession made by CaniKla at that time vvZid^nll^^ZT"^'!^^^''.^^^^^^ ^'^'^ ^"^"'S reason, and the president of the United States having given an assurance that he would bring the ques- tion ot the fashenes, by message, Ijefore congress at its next session, recommending a commission to consider the whole subject, the Canadian government had thereupon with- 38 NEWFOUNDLAND AND CANADA. held the enforcement of the provisions of the treaty of 1818, during tlie remainder of that season only. The United States having failed to act on the president's suggestion, the Canadian government miule provision for a vigorous enforcement of the provisions of the treaty of 1818. These provisions were enforced in Canadian waters from the Iwjginning of the season of 1886 until the adoption of the iii»(fi(s vivendi which accompanied the treaty of February, 1888. ^ Mr. Harvey stated that the policy pursued by the Newfoundland government be- tween the expiry of the Washington treaty and the adoption of the modug vivendi referred to, was one of suspense. No attempt was made by them to enforce the pro- vision of the treaty of 1818, and during the period referred to the United States enjoyed all the privileges in Newfoundland ports and waters, which they had under the fishery articles of the treaty of Washington. Mr. Chapleau pointed out that this exceptional conduct on the part of the govern- ment of Newfoundland, namely, the suspension of the provisions of the treaty of 1818, was really the first instance in which either country had undertaken to deal with fish- ery matters locally and separately from the other. He referred to the complaint made by Mr. Harvey, that the interests of New- foundland had been sacrificed by the treaty of 1871, and expressed surprise that under such circumstances Newfoundland should have continued privileges of the treaty with- out compensation for three years after its legal expiry. ST. PIERRE CONSULATE. Mr. Bowell brought to the attention of the conference the difficulty experienced by the customs department at Ottawa in protecting the gulf ports against smuggling, owing to the facilities afforded by the proximity of St. Pierre as a basis for operations. He asked the Newfoundland delegates whether they did not consider it advisable that a joint application should be made by the two governments to the imperial authorities with a view to the appointment of a British consul at St. Pierre. Sir William Whiteaway stated that the Newfoundland government had used every possible endeavour to secure the appointment of a consul there, but that their application had not been successful. On behalf of his government, he would state that they would gladly acquiesce in Mr. Bowell's suggestion. Whereupon it was agreed, that a joint application should be made to the imperial government urging the appointment of a British consul and assistant consul at St. Pierre, the former to be paid by Canada and the latter by Newfoundland. BAIT ACT — JOINT ACTION. Sir William Whiteway referred to the promise and assurance of his predecessors with reference to the Bait Act, and asked the Canadian delegates to state what action they were prepared to take with a view to the successful enforcement of the act. He pointed out the fact that the successful operation of the act would be alike a benefit to Canada artil to Newfoundland, inasmuch as experience had shown that it would reduce the catch of the French fishermen, and thereby leave a larger market open to the fishermen of the British provinces. Sir John Thompson said they were not prepared to give any further assurance than that Canada would enact legislation to the extent of her power to do so, to enforce penalties of bonds executed under the Bait Act, in order to prevent violation of the act by Canadian fishermen. Sir William Whiteway asked if Canada would pass a Bait Act similar to the New- foundland Act. Sir John Thompson could not give an answer to that question without submitting the matter to his colleagues. Mr. Harvey referred to the difficulties attending the enforcement of the act, especially of securing evidence to convict parties who had violated its provisions. He also quoted statistics which showed that the act had been, to a certain extent, success- NEWFOUNDLAND AND CANADA. 39 ful having during the term ..f its operation vesulted in reducing the catch by French h^^hennen to the extent of 30 per cent. He was willing to admit that this V« not wholly due to the enforcement of the Bait ^ ct, but wa.^ nevertheless largely the result Ivl nf m" . ' 1?'" ,'f uV Pr"^'P''l'y attributai)le to the act, was the fact that the price of Newfoundland hsh had gone up from 12 shillings to 15 shillings durin- the period ot IS enforcement. The year before the Bait Act was passed, aVe deklof th .wn V V" ^T'^^-^rr'l'^"';^ >'' '5 shillings per quintal, and many whole Cargoes were thiown overboard in the Mediterranean. He pointed out that the evil effects of the ii-ench bounty system were no confined to Newfoundland. That Nova Scotia tisher- inen also sutter froni the policy of granting Wnties to French Hshermen. As an illu - Halifax with cargoes, at the same time, would reap very different results. Th. i ^'Z"'^"-'"^'" "''^T"«'» ^'""I'l pr..bal.ly receive at the rate of .?.3..50 per f.uintal, the F,Ji"f *''*""'''"•'" ^^■"">1''*^''«\^« th« •^*"»« P''i«''. '^"<1 i" addition would secure fr..n the French government .^2.40, or in round figures, §6 per quintal. Mr. Lhapleau inquired whether, as a matter of fact, Nova Scotia fishermen supplied bait to any extent to the French. nsneimen ^Y" ■"'"'''!^ ■'*"•.**''' *•'".*' *''*' '"PP'^ ''y ^"'■'" ^'■•"t'a Hshermen umloubtedly did much to render nugatory the provisions of the act. Not only was this the case, but American Caoe Z;: '''' -,'" |»« * '->-«'-%'f the Canadian licenses, procured ca.'goes of bait a Cape Breton and the Magdalen Islands, which was supplied to the French thereby rtnKrri '*"■';"" '" 'T"'^ the Bait Act. If Suiada passed no Bait Act to restuun her hsherinen from supplying bait taken in Canadian waters to the French at befh'.TTl' ' r r "Tf *" -'^«^^f""'«'land supplies of bait, the consequence would be that tlie Canadians would supply St. Pierre so far as the supply would suffice from Magdalen Islands and Cape Breton, and the Canadian bankii.g fleet would -o to Newfoundhuid tor bait for their own use, and thus largely frustrate the object aimed R m-/r-1^ ^f ^)^^«"'" ''""I B'ut Act. Nothing would fully secure that object except a B,ut B 11 applying to bait taken m Canadian waters as xveU as in Newfoundland waters Z!TZ \1 V"'f' ""iF"', *^' ^^^ ^"''" Thompson, Mr. Harvey stated the fact that an vll V. I ^f^^'^""»^"'"»l «"verninent, who visited St. Pierre, had reported that two vessels laden with bait were at that port supplying the French with 2,000 barrels of ^.nV fK .K ^•'^•''^ '^!i^ an American vessel under lice.ise from the Canadian govern- ment, the other was a Nova Scotia vessel, both from Magdalen Islands. This ^^'ls but Srenrnf v"' '/ "^"f^ /Hustrated the practice which was being carried on to the ev,d^ n J!, ^^ "o ""'• ^* ''"'r "°* ^^'^'^ *° ««■' Newfoundland fishermen to give evidence of the Nova Scotians supplying bait at St. Pierre, because the fact of New- th^!! Jl'v ^''i'f"^^", ^^^'»S i/i St. Pierre at the same time was primd/acie evidence of their having themselves violated the law. Sir William Whiteway did not dispute the right of Canada to remonstrate against ?.!.!. ''T",^'',T *"* "''y "'^ vvhichshe might c.msider detrimental to her inteiests. He contended, however, that the protest made by Canada was made under Uie mistaken supposition that the act would be prejudicial. He referred t . the state- ^h .t ':''\^T y- '"' ?*".«^«"f' ^'^'•- Karvey, and to the assurances and explanations Iw.i wf *^"'''" ^!"'-'"fe;the progress of the conference, and asked the Canadian deleg^ites whether, in view of these assurances, they did not consider that they should 7Zt}l^^'^'''''T- "* ^^"^ P™™.''"^ '"'^'^^ ''y *^^« ^'^te government of Newfoundland, and also withdraw their protest against the completion of the Bond-Blaine convention. Sir John Thompson called attention to the fact, that the question of the bait supply to Canadian fishennen and that relating to the Bond-Blr.ine convention were tAvo clistinct matters. The grievance of Canada with regard to bait had been temporarily government of New- remoyeci, but he would like to l>e assured as to the action of the roundland in the future. Mr. Bond statecl that there was a difficulty in giving anv assurance. When the act was under con.sideration by the assembly, he had asked the (,uestion of the government of that day, whether it was intended that the act should apply to Canadian i 40 NKWFOU.NDLAND \SD CANADA. hsheiinen Sir James W inter, tlieu attorney-geneml, from his place in tl.e house, mxve tlie most distinct ami positive assurance that the act was intended to apply to Canadian as well as I rench and American fishermen. That was a matter of record It appeared by corre.spondence which the Canadian representatives had tal.led, that 8ir James Winter Sf 'i\^Tl *. 1 "T""^ ""''. C'i'""lian governments the most positive assurance that the Bait Act should not apply to Canadian Hshermen (as had Sir Robert Thorhurn the then premier, who was at the time in London), but there was no evidence that this promise was imule with the concurrence of the executive council of Newfoundland As a ""vtter of fact, there was no minute indicating that the matter had ever been brought before that council. The legislature, which was in ses.sion when the assurance was hiwri"' "? ^icquainted ot the fact, and the present legislature, with those facts befoie them, hml decided that the undertaking of Sir James Winter and Sir Robert Ihor burn was in no way binding upon them as a legislature, and had declared that the act sj.ould be enforced against Canadian fishermen. Under these circumstances, it would be appreciated how dithcult it was for the delegates to give the assurance asked for. fhnt '^K Thompson pointed out that the royal as.sent was given on the assurance tt,^!^Jn'T' . ^f ''f '"?,^^ "'^^ '^^ ^"^""''"^ '^«'^'"«t Canada, and that the go^elnment of Newfoundland could not take the boiefit cf the royal assent without assuming the obligations attached to it and on which that assent was given He pointed out reasons why he thought Canadian fish rmen should be put on the same footing as those of Newfoundland. ^ Jl.) The assurance given by Newfoundland in order to secure the royal assent. (-.) llie spirit of comity which should exist between the colonies (3.) The doubt which existed in view of the opinion of the law officers of the rr.rr'' ?• "'^if '^^ government of Newfoundland to impose exceptional treat- ment on Canadian fishermen. ' r be conlH^lJlnf^' ^^'If ^^^^y-^'e you willing to carry out any legislation which may be constitutional *vith a view to assist in carrying out the Bait Act? Sir John Thompson— We are willing to adopt any legislation which may be your baT" ^'"""' ""^ ^'^'""'" ^™'" ""'' '*^"« y^"''^^^* ^^* after oUaining wouwL'giantedf'"''"''"-''''"'' '' '^ P™^"' ^° '""'' '^ ^^'''^^ ^^*-^^ '^^^^''-'^- fl,olf''/''''"J^''™?-°u f^*'''*/^^ *''^°'" '^o^l^^ ""ol^e a careful consideration of the legal question which he had before referred to. uciation or Whereupon it was agi-eed that the question of the extent to which aid might legally Ml. Chapleau, with a view to ascertaining what might properly be done. BOND-BLAINE CONVENTION. Adverting to the Bond-Blaine convention, Sir William Whiteway asked if the Newfoundland delegates were to understand that all that the Canadian delegates requiredw,as hat time should be given with a view to some satisfactory arrangemen of a similar kind between the United States and Canada, and that in the e^ ent of Tuch «,rr„!-""'"*'!f '^^' ^fl";^^ ''""^'^ ^^ P^'^P'^''"' *° ^vithdraw all opposition to the con- summation of the Bond-Blaine convention. Sir John Thompson stated that Canada could not be expected to waive her right dkKo he° tLrer*'' ^''"■""'"* "^""'* *'" '•^"'^''*"" °* ^"^ '^•''"'«"'-" P^"" Sir William Whiteway said that the immediate issue would seem to be • « Would the convention be detrimental to Canadian interests ? "-and he thought that it had been clearly shown that the convention would not prove detrimental to the interests ot tanad.a, jp,.-v",much as the diversion of the Newfoundland fish trade into a new channel would leave the market formerly supplied by that trade open to be supplied by NKWFOUNDLAND AND CANADA. 41 mmmmmm fifi^'^^''" ^'"'l^ 'wealed t.. the Cuiadian delegates t.. consider whether tliev were hi, tihed ni preventing Newfoundland from availin.r herself of rm.ulprwl.Jn ^ ! '' i" Agreed to. LABRADOR BOUNDARY. that Its formal transmission might therefore be raisleadincr ^ "upertect, and 42 NKWFOUVDLAND AND CANADA. 1 Mr. Hiirvey exprt'HHed the oitiniitn that the map referred to was a very satiNfact, fxcept that he should iiisiHt that Melville Bay should he under the exclusive ous- toiiis ciiiitrol of N't'wfouiuIIand. Mr. Chaplt'iiu pointed out that the deliniitiition, as shown on the map referred to, Kiive a considerable p<.rtion of the coast of Melville i% to Canada, and that the eontroj of the coast would naturally involve th(( control of the waters adjacent thereto. Mr. Bowell called attention to the fact that, althougli the Hudson's Hay post at North-west river mij,'ht by tiiis delimitation be located in the territory of Newfoundland, yet it was prolml)le that a large portion of the gcK.ds landed there wduld be intended for consumption on the Canadian side of the border. Sir John Thomp.son suggested that the Newfoundland government should appoint a geograi)her to act Jointly with the goograplier of the department of the interior at Ottawa in tracing up all a\ailable data, and to report the results of their examination to their respecti\e goverinnents. Sir John Thompson's suggestion was agreed to. PRlVILEriES TO UNITED STATES FI8HKRMEN. Sir William Whiteway called attention to i<. correspondence between the Hon. C. H. Tupperand Sir James S. Winter, dated -'nd and 19th December, 1891, and Snd and 9th January, 1892, published in the Canadian Blue-book, relative to an alleged permis- sion on the j)art of the government of Newfoundland to Uiuted States fishermen to tish in Newfoundland waters, from which it would apjjear that Sir James Winter had in- formed the Hon. Mr. Tupper that " Recent developments had furnished go.)d reason for concluding, not oidy that such jiermission has been granted, but that it has been d«me in such a way as to assist the Americans in defrauding their own reveiuie, in working injustice (or at least inecjuality) as between Americans themselves, and an injury to our lishernien." Sir William Whiteway desired to say that such statement was entirely incorrect. MODUS VIVENDI LICENSE FEES. Mr. Chapleau called the attention of Sir William Whiteway to the fact that he was mistaken in supposing that the request for a statement of the amount collected for license fees had not been made to the Newfoundland government. Among the published despatches was the following : — " 16th October, 1888. " Hon. M. Fenelon, Colonial Secretary, St. John's, Nfld. " Please send me list of modus vivendi licenses issued to date, and say what pro- portion of the total United States fishing vessels visiting Newfoundland took licenses. "C. H. TUPPER, " Minister of Jfurine and Fisheries." Mr. Bond submitted a statement of the license fees collected by Newfoundland under the modus vivendi arrangement, as follows : — In 1888, the collections from American fishing vessels amounted to .f 8,089. 50. In 1889 collections from American fishing vessels amounted to .'?6,740.75. As to the collections in 1890, he explained that the books of the department, con- taining the requisite details, had, been destroyed in the recent fire, and that he was therefore unable to give the exact amount collected from American fishing vessels. The blue book, however, showed that the aggregate collections for licenses granted to French, Canadian and American fishing ve.ssels during 1890 amounted to 820.912.99. Sir William Whiteway was under the impression that he had in his office the infor- mation necessary to complete the statement, his recollection being that he obtained it from the customs department previous to the fire. NEWFOUNDLAND AND CANADA. 43 FISH INSPECTION. «ysteS:.S\,.sJ:;"lir" '"''""■••^' "•^'*'^'"''- ^-^-<er ton, and give Urnds before they were allowed to procure bait to carry on their fishing operations • (minute of council, 24th April, 18i»0) and subse- quently they were refused bait under any circum- stances, l)eing refused licenses under the Bait \ct (instructions, 1891 ,. They were prevented fmm catching or purchasing bait. And finally, by a strict interpretation of the ten.. "l«ut fishes," their traffic ILi ""t" '"■;i'''"Sr f"'' connnercial puriK>ses was en- tireiy stopi»-d. (Case " Ckean Belle." d. loey were compelled to pay light dues. (Min- utes of eouncd, 2!)th May, 18W. ) 4. They were compelled to pay harbour dues. (Minutes of council, 2()th May, 18!K). ) a riiey were comitelled to i>ay pilotage dues. (Mmutesof council, 2i)th May, 18'J0.) (>. Fishing vessels were entirely excluded from any privileges. ^ vi;.r'7''il""!'"U? imiH,«ed light dues on Canadian Ht^A k"""/^''" 'if''*' ,T "'^'' h""^ ''«'" t>uilt and main- h^n 1.Hfv'*"''1w.«<-^^^""'- ^y G"n""ander Wake- ham, !»tli >(jv., 18i»2, and re|)ort 15th Feb., 1892 ) ^J.L 11 .■ " ""^^ "f Labrador, Ne« foundland ex- acted duties from Canadians on barrels and salt used fvL VL ^^'!i'^,"l'*''"'''™«' ''"^' '" ™any instances, where the articles were m)t used through failure of J:".„ :"; ' '.A , *"l«rt^»'K year, levied on tliB W IsS')" *^""'^ boarcTof trade, 30th Octo- 9. 112 Canadians in nine vessels fished on New- foundland Labrador, 1891. 44 NKWFOINDLA.MI AMI CAXAIJA. Mr. Ikiwfll Hiiid he tlii.UKlit it wHI to cull tli*- iittHntioii of tlip NewfuuiuUiuiil d.-le- Kiitt'M til til.- (din|iaris;lit durs „n C'aniuliiui vchmcIs for U^Uts on th.-ir coust wliirh hud l.('..ii eivct.-d imtl w. re niiuiitiuiicd l.v Cimiidii. In (•liil...nition of this lit- l.f;;K«' upon the records before the conference concluded. Mr. Hurvey explained that as re;;ards lij;ht dues, the system was universally ujjphed by Newfoundland, beinJ^r applicable to their own ve.ssels as well as to all others. He referred to the fact that Newf..undland was peculiarly situated on the line of eom- iiierce between Canada and Europe, and that her extensiCv coast made it necessary that 8lie .should, for the benefit of eonunerce >,'enerally, maintain an etHcient li;;ht service. The ^'reat cost of erection and maintenance of these lights made it neces.sary that the 8y.stem ..f lij;ht dues should be maintained and continued. While it was true that the.se lights were necessary for the protection of Newfoundland commer. .-, it was ecjually true that the benefits accruinj; to Canadian connnerce weie ten times greater. He p.'.inted cut that the lights erected and maintained on the N.wfoundland coast by the Canadian government were on a i.ortion of the coast little fre<|ueiited by Neu fouiulland ve.s.sels, and were essentially beneHcial to Cmafiian vessels. He deeniwl it impracticable to adopt any system by which exceptional treatment might be atfor^a'd Canadian vessels m the vicinity of Canadian lights, inasnmch as ^e.s.sels in paying dues contributed to a general fund for the supj.ort (.f lights on the whole coast, and no system could be devised or successfully operated on any other principle. Mr. B(.well had no doubt that the explanati..n of Mr. Hurvey was correct, iw t(. the cjiases which led to the exaction from Canadian vessels of lisrhthouse dues. .Still, it was a (|uestion which slu.uld receive the attention and casideration of the Newfoundland governiuent with a view to relieving .such ve.ssels of the tux. rsiox. Mr. B(.well would, with the consent of the conference (though the subject had not l>een .specially relegated to them by the govermnent of Canada), ask the' attention of the delegates present i.. the gieatei' .juesti..!! invohc.i in the pn.ject ..f the entrance of Newfoundland into the Dominion as a province of Canada. In applying the term "greater question," he did so adviseelieving that union was the true solution of all the (juestions and ditticulles which had been brought bef.. re this conference. He . '-"^ -- '•"- ■•' ; wnicn rrAib!.en Orin :.-: •■ .iiiaua and m rvewfouna- land, as to the practical)]] y and desirability of such a union, but he believed that the great prosperity and success which British North America hail achieved under confedera- NKWFOINDI.ANI) AMI f'ANADA. luririlaiiil lit'le- iiiMimirli fiM it I ini)iitHe lij^lit l't«'(l lllld Wl !■(• tli»' fi)l lowing Wakflidiii of ws ; — 1)11 oM tlie salt If Newt'ouiul- 1 rolleot (lutieH the eastward. ities. At Diu* lie «f',st coast lai'tiiu'iit." follows : — i* Hay, on the It is a fact c'lf, crossed in toms at that of Newfound- to elicit from i;lit flesire to icluded. IS uni\(M'sally to all others. line of coin- lecessary that lijfht sei'vice. ary that the ■lie that these < e(|Ually ti'iie He pointed the Canadian Hand vessels, jracticahle to idian ve.ssels trihuted to a teiii could he ect, OS to the Still, it was lewfoundland 15 iject had not attention of ? entrance of ng the term e solution of 'erence. He n Newfound- vetl that the Br confedera- tion, would lie enhanced to a still greater decree l.v (I and preHtixe which would result f H roui I le utiily of action, incr< e leterred to the \e.\ed I union „( all ih.' Itritish North A vascd jiower <|Uestions which the <'onf erence had licen d merican pri»- duriuK tlie past few days, al, of win:., he ^uuii;;;;, ...Jld'di: I l): H. TZZ^^Z f:;:the-::.;:::'ofl^':.;;;;;;;;..;!r^'''^^'^^^^"-' -"^•-'''.•-i-i'...'h!::h.;.::t^ It n.iKht 1m. sai.l that this solution. althouKh .lesiral.le. was not one for ..resent. c., isideration. hut he suanit.ed that it was the ..-ncra lief i „, conn ries h t"u , union must s.«,ner or later he cnnsunnnated. He admitted .1 iversitv of o i i, w o Its nnmediate completion, hut he fell satistie.l that he voice.l laihlic feel! ,Vi ' The .piestion was one which .•oncerne.l not ,mlv the contracting parties hut was in h.H opinion, o the greatest po.ssil.le moment .o ihein.perial gover.m ent T f i 'i, which had existed he, ween Canada and Newfoundland, from time .time id ^l seemed ahnos mevitahle to ..oun.ries competing for the same markets in od .1 identical, led to protests and counler-prote.sts which fornie.l tl,,. ,.„.-.. l I ^ ;j:;i^ -z;t;i:S'-:^:;i£,;;',-t:rr;:«:;-:i;;;;;::;.:;::,:- - us to treat with the CnitcLStates more a^',^T^f^'i.^ rhat might he made a suhject for future negotiations, should they i'.ree to J n r h« sul^ect under the notice of their re.spective -^nernments for action^ L the , ! aime e be leved the present meedng t<. he a Htting opportunity to consider the su.e^i a nendly way. It was ot sutficient importance to\.ccupy the minds of the he t men in Ix.th Canada and .Newtoundlami, and should m .t, tlerefore. he lost si»ht „f wh^^n considering .luestio... materially affecting the interests of both countries ^ " !sir W illmm W hiteway was glad that the subject had been mentioned It w,s n,.t ..ne of those relegate.l to the Newfoundland delegates as a part of tliei i issi. , b t e saw no reason why the representatives of the two countries shou 1 lot s^n" t « d fficultu>s a.ul advantages which would accrue to British North America hv f)T Pletion of the union His view.s, personally, on this question ver kow "He had always been in favour of confederation, and viewed* it as entirely ,me of ten "s I? It were considered improper to formally discu.ss the matter he coul.l see m, ha m i n the .juestion being con.sidered informally, with a view to bringing out the yews of he deleirates reprpsenting the two governr-ettls. '^"® Mr Harvey strongly objected to the .,uestion being brought before the conference before the .lecisiou of matters, e.specially referred to it, had been concluded. He said 46 NEWFOUNDLAND AND CANADA. that the Newfoujidland delegates were here with definite instructitvis to discuss certain questions and that the unum of the two countries was not among those questions If a union was tlie ultimate destiny (jf Newfoundland, as many believed, he wa,s of the impression that it would not be a practical question for many years to come In other words, confederation was a question of the future : the delegates were here to deal with present issues. The questions which they had come here to discuss were matters deeply aflFecting the present interests of the island, and he thought it would be a great mistak^ to take up the moot question (.f a union, at least l)efore definite decisions had been come to as to what could, or could not, be done regarding those questions which had been relegated for the consideration of the conference. Sir John Thompson said that in so far as the Canadian delegates were concerned they were here t.. discuss any .piestions pending between the two counti'ies. It had been suggested in the press of Canada, and he thought that it was generally understood by the publi-^ that union wcjuld foiin one of the questions for the consideration of the conterence He could not c.mceive any reason why it should not be dealt with as a solution of all pending difiiculties, and in his opinion no more pertinent question could ■ possibly engage the attention of the conference. As to the subjects which should be coiLsidered at this meeting, the Canadian delegates had n<. intimation that the question ot the Bond-Blaine convention, which had absorbed such a large portion of the time of the conterence was one which would come up, any more than this question. He did n(jt object to the consideration of the convention, however, and did not wish it to be supposed that the reference to union had been made in order to evade a conclusion on any other (juestion. In like manner he ■ could not conceive why Mr. Harvey should object to the discus.s.on of a question which involved such great interests when considered in connection with the future of British North America. Mr. Chapleau thought that the question of union might be of paramount import- mice and that even admitting Mr. Harvey's statement that the instructions to the rsewtoundland delegates did not include this matter .specifically, yet he could conceive the question coming before the conference as a solution of the questions directly under discussion. In that connection he would ask Sir William Whiteway whether the imperial government had lately shown any disposition to settle the French shore ditticulty, which he conceived to lie the greatest difficulty in the way of considerin-^ the question ot union. ^ j o Sir William Whiteway thought that the imperial government had every disposition to arrange an amicable .solution of the dispute, but that the French government had not evidenced such a di.sposition in that direction as he would desire. The question involved n.it only the French .ughts on the coast, but also the more aggravating fact that the French and otliers used St. Pier,e and Miquelon as a basis of operations for smuggling and fishing, and not as a place of shelter only for French vessels fishing on the Banks. PROPOSAL "A." A eildix^rr"' "" '""'"''* "^ *''^ Canadian delegates, handed in a f.jrmal proposal. (See Conference adjourned until Monday, at 3 o'clock. W. Y. WHITEWAY, Chnirmau. R. BOND, A. W. HARVEY, M. BOWELL, J. A. CHAPLEAU, JOHN S. D. THOMPSON. DOUGLAS STEWART, ^Secretary. Conference resumed at 3 o'clock. Halifax, 14th November, 1892. PROPOSAL "B." Sir William Whiteway, on behalf of the Newfoundland delegates, lianded in counter-proposal "B." (.SVe Appendix 6.) ^ ."auueum PROPOSAL "C." (See ^a' e^idTx^T T ^"^'"'^^ ""^ *''^ Canadian delegates, handed in counter-proposal "0." .VEWFOUVDLAND AXD CANADA. 47 LIGHTHOUSES. Mj-. Bond handed ill a stdtement .sliowiny the amount i.iirl l,v V^...* n i j- the nmintenance ui lights for year 1892, as follows:- ^ ^ Newfoundland for Newfoundland Lkjhts. ' Extimnte for Maintenance J) „• th» ifenr 1S9^. Gull Island, Cape John Long Point, Twillingate . Twillingate Wharf Light .... Cann Island, Seldoni-conie-hv Offer Wadhan. Island . Penguin Island Cabot Island, Bonavista Bay . Puffin Island, Green.spf.nd . . . Little Denier Cape Bonavista Green Island, Catalina Fort Point, Trinity Hants Harbour, Trinity Bay '. Baeealieu Island Carbonear Island Harbour Grace Island Harbour Grace Beacon Bay Roberts (Green) Point. . Brigus, North Head Cape St. Francis Fort Amherst St. John's Leading Lights Cape Spear Ferryland Head. .....'.' .'.'.'.'.'. Buoy, Powles' Trepa.ssey Cape Pine Point La Haye, St. Mary's Cape St. Mary's Point Verde, Placentia ......' D(xlding Head, Burin Allan Island, Lamaline Grand Bank Brunette Island, Fortune Bay GarnLsh, Fortune Bay Belloram, Fortune Bay Rocky Point, Harbour Breton ....... Pass Island, Hermitage Bay '. . . . . Gaultois, Hermitage Bay Boar Island, Bui'geo Ireland Island, La BjiJe Bay .'. . . . . . . . ' Rose Blanche Point Channel Head, Port au Basque ...'.. Sandy Point, Bay St. George [\',\\ Mechanician, salary and travelling expenses Contingencies Alteration in lamps (seal to kerosene oil) . . 81,840 1,2.50 120 700 3,400 800 l,oOO 900 800 2,000 2,000 220 220 3,900 800 1,450 450 230 650 3,500 1,800 300 2,700 1,700 300 2,000 250 2,100 750 1,500 250 200 1,6.50 200 300 220 850 220 700 800 800 6.50 400 900 400 2,000 $50,670 RICHARD H. O'DWYER, Keceiver-Genefol. 48 NEWFOUNDLAND AND CANADA. LICENSE FEES. Mr. Bond also handed fn the following return of Canadian vessels which hnoth through the medium of direct connnunication, repeated telegrams, and the indirect pressure brought to liear through the members for their respective constituencies. While Sir Wiiliam M^hiteway was quite coriect in his statement that the Dominion government had complete control of the suits now pending, it was eijually coi-rect that the withdrawal of these suits would not cancel the individual right of the injured fisher- men to enter suits on their own behalf. Mr. Chapleau, in support of the remarks of Sir John Thompson, ([uoted from the report of Lieut. Gordon, of the 3rd Decemljer, 1890, asking that the government of Cana P'"duce of And that the Halifax i.oa .'d .V Xdeen ?t c^eriraU^jtrth: p'" r""'' ''^ ^^""^'*- should use every effort to prevent t e T^mrl L, f I f^ Canadian government n \ '< Ti,„/ ?,„,'.;, , ^""" convention from being earned into effect fees was hit n f^ej W h c iscSiS: Tr"' I'V" ""P"^^*'"" «^ ^^'^'^ •-"- 20d, c,/-4J - • . 52 NEWFOUNDLAND AND CANADA. I adian fishermen. The question of testing in ii court of law the rights of a oubject against the crown was of constant occurrence, and if the Canadian fishermen had been illegally taxed by the Newfoundland government surely it was not asking too mach that these toilers on the sea should have the privilege at least of taking their case into court, in order to have their grievances redressed— if grievances really existed. To deny this right would be anti-British, and he could not but express surprise at the position taken upon this question by the Newfoundland delegates. If they were legally right, they had nothing to fear ; if wrong, the money taken from the fishermen as license fees was illegally taken, and should be refunded. A goverment could not afford to be less con- siderate of the rights of a subject than would an individual in a private transaction, in which the right to property is involved, hence he hoped the Newfoundland delegates would reconsider the position tiiey had assumed on this question. " OCEAN BELLE." Sir John Thompson suggested that it might be well to consider some of the claims wb'ch had been brought to the attention of the cabinet for alleged ill-treatment of Ci^.iadian vessels by Newfoundland officers. He referred especially to the case of the schooner " Ocean Belle," owned by John Allen & Sons, of Halifax. Captain Wrayton, the master of this schooner, filed a statement of which the following is an extract : " Left Halifax, N.S., 21st January, 1891, for Fortune Bay, Newfoundland, to pro- cure a cargo of frozen herring ; arrived at St. Jacques on 29th following. Entered vessel at custom-house, paid duties and received coastwise clearance from collector Clinton. Asked him for insti uutions and if any further papers were necessary for me to procure herring. He answered me : ' There is nothing to prevent yov securing your load of fiozen herring ; you can do so, so far as I am concerned. I have no instructions to the contrary. " Left St. Jacques on the 4th of February ; .sailed to Belloram and other places about the bay in search of herring, but secured none until the 16th of March, when we took on board 175 barrels. On the 20th March we took another lot of 60 barrels. At midnight on the 23rd of March we returned to Belloram. On the 2oth purchased from one Patrick Farrell 260 barrels of fresh herring. Just as the purchase was concluded the steamer " Greyhound," employed by the government of .''^wfoundland, steamed into Belloram, with Philip Hubert, collector of customs at Harb. ar Breton, on board, who at once sent a policeman on board my vessel and demanded the removal of the hatches. I protested against disturbing the hatches, the weather being soft, but finally hacl to comply with his demand, i was then asked to go on board the " Greyhound," when collector Hubert informed me I could take no more herring, at t le same time foi-- bidding Farrell delivering me any of the lot I had secured from him, snd placed a police- man on board to prevent his doing so. " On the following morning (26th) collector Clinton arrived from Bay L' Argent (telegraph station) and I at once went with him on board the " Greyhound," when a consultation was held to decide what to do with the herring I had already on board. They decided to take a bond from me to land the fish at Halifax, N.S., at the same time stating their instructions were to allow no Canadian vessels to secure fresh herring. I asked them to put their refusal in writing. This they I'efused to do. " During the 26th, the wind changed to north-north-east, and the weather turned intensely cold. Tried to secure herring again from Farrell, but policeman prevented him from handling them. " On the morning of the 27th (the steamer " Fiona," also employed in the Newfound- land government service, and having on lioard commissioner Sullivan, not having arrived as expected) I sailed for the bay, the east. On the way down secured a lot of 25 barrels oi heiring, spread them on ice for freezing, and engaged 250 barrels more from one Jeremiah Petit ; had about 100 l)arrels in lioats to spread on ice when steamer " Fiona " arrived and commissioner Sullivan iioarded my vessel, asking me wlmt I was doing here. Told him I was trying to freeze balance of my cargo if allowed to do so. He then asked me if collector Hubert had not forbidden me taking herring ; I replied he had, but that NEWFOUNDLAND AND CANADA. 53 hi w^ ri n''"' '""•°''^"'' •" ^"'■'*'""'' •"■ ^''-^ '^•' '^^'"^v his .luthority for the course he was taking. Co.nnussioner Sullivan then den.ande,! the hatches .en.oved locked at atotS:?fiT' "f l"' .*'" ''ft- -P'-<': at the san.e tin^e forS^ '„ ^t. ki^g anothe. fish I then denmn.led of hin, a written notice that I should secure no hen'^ "f me to arwh:?hen.rVr f '7 '""/ "'*^^'"'r *""^ '"^ ''"^'^' -'-^''- f^e-uldalZ; Vt Jao' ; vihr 1 "1,? ^•^'"Vi'T^/ " • ''°'"''i . ^^•"'^">' ^ ''"' '^"•-•*'d to take vessel n en in ch' "'. f the oST , f '"'""^'- ^"^"'' '"'^^■'»«' ^I''' ^"'"^'"i •"•"I-'>-1 to take a nj^lilng otu mat the heuing I had on board would not he used f.,.- l.ait in Nova Scotia." "h.\ttie." In this connection, fonn.frrnJ ■ T .* "" *•"■ ''*•' '^"y "^ J"'3^ •'« ^"tered the port of Channel New Ihat a duty was exacted f.om him on. his supplied amounting to ,«!16.70 ^our da?s huTin KrT"^l T"'' ,*'" ^''^^"""* "^ ^"'''^ '^"^^ ^^'^ ^icks was detained our riavs l,ut in ok er to obtain .. clearance to proceed to the fishing L'rounds he eventu ally pud the duty, though the barrels and salt had not been landed Ihat having cleared from the port of Channel on the 10th July for coastwise tt olcery/" 'v "• "" "*"T'"^ "^•^^"» ^"Pl^''-' "-''• stores and i\-nepretn blrcWth" ?th Auiu^J^r;"' V' '^' •'''"■"' 'i '^' Newfoundland governn,ent,'cane on fo allecred v h^Tof H f "r' r"'". '"''''* ^'•""' ^"''"* ^^''^ndrand seized his vessel allied Molat on of the law m hauling herring with a seine. Auc^ust to cont?nn7Z *"■"'''■ '-'^ to Channel, and was granted a license on the 11th exportation °' ""^ ^'''"*^' *'""•'' ^'"" ^-'^^^' ""^* the fish were for food and wnnw'n''f ih'lT '■"'"'"'''^ ''^'"'^^ ""^ his vessel an officer again came onboard and ^ould not allow the petitioner to resume fishing. Shortly after the petitioner dhxme red TX:^e officel:^^"^ '^^l^Ve^'-^^^^ that the herring w'ere lo.st b? the in^L^e'iicrof "That on the 13th August the petitioner paid S18, or $1 a ton to the customs . "£ StioneTf *'""':".' '"? *'^ -i-"g officer rJfused to allow Ehe ship to". \f ,u 1,'^? Pf itioner was arrested and on the 20th August was tried for an infringement "The herring sea.son was then over, the crew had become demoralized the oetitioner recfreTf ""tf '"7 ?"""' '"T'- T^ ''^'"« ^" "'•^l'"-'>- fisherman, he ^^^1^ to ek as tha of tSeVsS' T"' "'"r" T"^*'^/" ''" '"'^^ "^ '"'^ ^'^^ from the seine! as veil as that, ot the fishing season. He claims the sum of 82,000 damages." and Mr' Bowell ttf './''l"?''"!' ^^'IV''*^ '^' '''''' ''^''''^ *° ^'y^^' J"'^" Thompson and Mr. Bowell that he did not, at *he moment, remember the circumstances connected hetsXsZ;L7r3"'"\'"'"^^' '''' Newfoundland government toTnsSer inemselves justified in refusing to entertain them. In such matters the .government hT'Bi^Arafdt hC'V'^r^^' *1" ""^r^ •"''•"■^*^^ -*'^ threnfoCm^Uo matter. "" ' Newfoundland he would be glad to look into the ^.,.1^1''^^^^^^ *° •!?•'■ '^"''" Thompson, he stated that the Newfoundland Government ed bv theT T"'"^ *" '°'"'''^''" '^">' '■^"^^'^'' representations which mi.ht be f™5- u-l Y" i"'"" government, und would be glad to forward conies of anv renorts JovetZt ^^^" '"'""^ *'^ ''^^•^ '^* ^"^^ P'^^* •^^*'"" "" «- P--^ '^ t^: NewtLnXnd 54 NEWFOUNDLAND AND CANADA. CUSTOMS EXACmONS. Mr. Bowfll called attention to a nunibor of grievances wliich had been reported to the Canadian government with reference to the practice naid to prevail among New- foundland cuHtoins orticials, of charging and collecting upon go<.dH(in some cases even on salt and barrels) which had never been landed on Newfoundland territ(n-y. Mr. Chapleau said that Captain Wakeham of the fisheries protection service, had made a special report regarding these matters. In the report of the 15th February last, Captani Wakeham haanoes which may arise in the Mr. Bond quite concuire.'^^ 'r^" •'^°"J"""« "P P'^'^"*"'"^ *«'• the purpose of knocking them down, which he admitted had been very well done. It must li re- nieml|ered, that he (Mr. Bowell) had not even suggested delay in the settlement of the questions now l^fore them for consideration. All that he had done was to ask the con- sideration of the greater question in a manner that might lead to a final settlement of all questions of dispute l)etween them. emcm oi Sir William Whiteway, on behalf of the Newfoundland delegates, handed in counter-proposal "D." (See appendix 8.) ^ Conference adjourned until Tuesday, at 3 o'clock. W. V. WHITEWAY, (7/wVma«. M. BOWELL ?■ S.?^^; « .7 T.^ J- ^- CH APLE AU. A. W. HARVEY. JOHN S. D. THOMPSON DOUGLAS STEWART, liecretary. Halifax, l5th November, 1892. Conference resumed at 3 o'clock, all the delegate.s being present. Mr. Bowell handed in proposal "E." (See appendix 9.) NKWPOf NDLAND AND CANADA. R7 "■■'■fizrKSrz^^^ -■'-""• Cdiiference concluded • ^^- '''^«^K^- .l()H\ W. D. THOMPSON IX)U(JLAS STEWAUT, Secretan,. His E.tcpU APPENDIX 1. lermj the (rovenior-lrm.rai in Council on the .i.ird SeptemlJ,m ' na.n/I'd:;;ui;'e;;entt;i:'1S,:'?;y'r «"^^™-r/'* Newft.u.Klla„,l he invited to delegates I r^.^'S^ ^^^^'''^ "" ^^ '"'^'' '* ^^■-'•' ''^ — -«»» fo. their JOHN J. Mc(!EE, Ckrk of the Privi/ ConncU. Administrator, Nmvfoundland, to Lord Stanley of Preston. {Telegram.) .St. John's, Newfoundland, I. 5th September, 1892 of difference Uwee.Xtt;;;;nL.e;us;""" '^'"^ '•""*"" '"^^ "•*'^^'- 'l"-*'-^ ADMINISTRATOR. » APPENDIX 2. ^'^w{?;i^r""'"'' // i}>^ /tonourahh the Privy Council, approved by His Excel lerm, the Governor-General in Council on the 2Jrd Sept,mb4l8lP —r J..... gnvprninnxi.3. * * JOHN J. McGEE, Clerk of the Privy Council. 58 NKWrOUNDLAND AND CANADA. APPENDIX 3. Hkpoht /;/'.( ComtinU'-eof't/f lliminnnhli' tlif I'livi/ CoiiniU, o/i/iroivil fii/ //in Excellency till' (.'ovci-nor-(,''n>-rtil in CoumU on thf JOth Oi'toliHr, IS'J^. The committee of the privy council l)eg to recommend to your excellency that the minister of justice l»e (ippointe„ouml>l>f E.ci'nuive Council, npprntvtl hy Ilix E.ir,'//iiicy fill' (uivfiriinr on flic J7th Octol,>>)\ JSHJ. On consideration of the question of a delegation to Halifax, Nova Hcotia, to confer witli delegates from the government of the dominion of Canatia upon the question of the tisheries and other matters of difference between the two governments, it was resolved that the Hon. Sir W. V. Whiteway, K.C. M.(;., premier, the Hon, Robert Bond, colonial secretary, and the Hon. A. W. Harvey do proceed as delegates from this colony to Halifax, on the 2nd proximo. T. O'BRIEN, Licif.-Col., (lovcrnor. "A"— APPENDIX 5. The Canadian representatives, iiaving stated their objections to the Bond-Blaine convention, and the representatives of Newfoundland, having assured the former of their desire to remove all such objecticms, in so far as it may be in the power <.f the governnient and legislature of Newfoundland to do so, and having declared that the ratitication of that convention is a matter of the utmost importance to the colony of Newfoundland, the Canotlian repre.sentatives desire to express their gratification at the assurance l)efore mentioned. They are unable to state, without consultation with their colleagues of the cabinet, that the protest of Canada against the ratification of the convention would not be con- tinued, even though it should lie found impossible to secure for Canada admission of Canadian fishery products to the markets of the United States, on terms like those granted to Newfoundland under the convention. The Canadian representatives, therefore, suggest that, for the present, that question be left in abeyance, and that in the meantime, an agreement be made as follows : That her majesty's government shall not be asked l)y Newfoundland to ratify the convention until a reasonable time shall have elapsed to give Canada a further oppor- tunity to ascertain whether the United States will consent to put the fishery products of Canada and of Newfoundland on the same footing, or grant equivalent concessions to Canadian pnKlucts. That it be underst(X)d to be the intention that Newfoundland will put Canadian fishermen and vessels on equal footing with Newfoundland fishermen and vessels from time to time as to supplies of bait, and other matters, and that no discrimination will be made against exports from Canada to Newfoundland. Thets." two provisicms to be secuied at lejist for the time during which the ccmvention shall be in" operation, if it should be ratified. NKWKOUNDLAND AND CAMADA. fl^ of CamuU 'tl/'« J"""'^""«' ]■"•< <>»"»« the periml hIL.whI for .,OKoti,tti.„,s on th.< part of CanmlH th. hHh.MnM.ii hm.I voHNels of Ci.mda «l„ill have l.ait ,u..l other fadlitJ ,. he«a„u, f.K.t.„K u. th..e of Newfoun.ilan.l, un.l that no duties shal^nS n Lauuiaou he hshery ,.r.Khu.tH of Newfoundland in their fresh, suite, clHe l.r cur«" sjue. mclud.nK hsh o.U, and no .liHerirninating duties in >%,wf..u;ullan.l on exp.;rt;fr; That Canada will a.lopt such legislation as nmy he within the .•..inpetence of her parlwunent a«a.nst infractions of the laws of Xewf„„ndhu,d ,espeetin« tv Callia, hsheruien and ve^HelH who n.ay ol,tain supplies of bait in Newf.un.ll md ^ ^'"""'"'» "B "--APPENDIX (5. the G»m,nan^"'l""'r' ''"'''«'^*^«' h"^'"'« carefully considered the paper sul.u.itted l,y le eua e :S^^^^^^ '*"' ^'^'^ *'»^^ ^'"^ Newfoundland the witluh.,^.ar!lr?l''''''''f ': ^'"; ^"'T7' ""•'"'•f'^ke to reennunond to their collea^ueH HtateT . . . ''"■"^^'* r"'*'"' ^^•^ *"'-<'«<^i"K eireunistances, if the Cana.l„. United istates negotiations have not been concluded hv 1st Fmu. istt ♦!... v V I delegates will cordially assent to the propl^al L ^[.lldtt'ed ' ' ' ""' ^''^^^-"'"'-' respecUrive;n;'nent' "/'^'^ T'""'"' "*" "'*' ^'^""•"'^" ''••'^«"*«^' '''« ''^P-'tH t" the respective Koveinnients should einl.race provisions re-ardin.' the consulate at St Pierre pr..se.uted n he Newfoundla.Hl courts rcKardiny license fees, shouhl he withdrawn. ^ na,.„r nl K "' ''f ''«'^'^'^ ^""''' 'I'-" «"«Kest that the verl.in«e of the two Hrst foTlST- "" ""'"' P'^'^*' "'■ *'"-* P'^P^"- "''""*"«''- '^'-"'^' --' -".ewhat as di.m li^"? '^'"'* '' 'r ""^f «*"0\' t« >'« the intention that Newfoundlan.l shall put Cana- HrermeiT^n; v^* r''''",!' *^' '"r ^'^"''"«' '""' ^'"^^ Canada shall put NewCndS JepecfveH en T ^''^ ^''^ f*«^'"K «« ''^■K-vrds their respective Hsheries as the Son wfn fr '7 p'"'"'''^^^^^ '" ^''^y^''^"- 1««0. That no discrimi- .mrionw.ll he nuule l.y Canada or Newfoun.Uand upon the exports from each of the )e tree upon entry into each colony f .on. the othe,-. These two p.-ovisions to l)e secured to each cjony during the operation of the convention, should it be ratifi«l (..) Jl.at in the meantime, {.»., during; the period allowed for negotiations the Ke twoTolimie;:"' '" ''" "^'^ '"'' P"^^'""^' P'^'^^^'^P^ ^^all be in operrui...; Se': "C"— APPENDIX 7. K.J^"" Canadian delegates beg to offer the following suggestion to the dele-mtes from Newfoundland on the counter-proposal just handed in by Ae latter to the formed obiecZsTo tt'Z^K W " P'""-' '^f ^'-"P^"^«-«« -* the statement of Canada's oDjections to the Bond-Blame convention, but com uig at once to the reouest that th« mXTth: f^"*':^-^''^" ""•""'""' u^" their colleag"ues the withdJa^IlTL protest Te ertl; .!^f k"^'"" «°^«™»f "t. they request the Newfoundland delegates to consider ''t:^Ti ,o rJA P"'" "''• 1 /f "«8"tiatiins like the prese.U, which .re^ad refWendnl a promise to recuiumcui would he eonsuiered by the Canadian government as\in oblim.: tion assumed on their behalf by three of their colleagues, and that remmer w ir in consequence, not consider themselves free to deal wiih the whd^^ueTtion onlts 60 NEWFOUNDLAND AND CANADA. merits. The Canadian delegates can, therefore, only undertake to .submit the whole question to their colleagues, and to a.ssure the delegates from Newfoundland that the representations that they have made will he considered by the Canadian government with an anxious desire that the relations of the two countries shall l)e of the most har- monious character, consistent with the interests of Ixjth countries. The Canadian representatives acijuiesce in the proposal to make representations to her imyestys government with reference to a con.sulate at St. Pierre, and to delimit the Labrador boundary, whenever the Newfoundland government is prepared to do .so —an examination of the question being in the meantime made liy geographical experts As regards the suits now pending in the Newfoundland courts for the recovery of license tees, the Canadian government is hardly in a position to withdraw them They are suits by and on behalf of persons who claim a refund of license fees, etc., and action ot the character suggested in the counter-proposal would not bind the claimants to surrender their rights. The Canadian government, however, would undertake, if it be considered desirable, to secure a suspension of these suits for the periwl referred to in the next tollowing paragraph, as allowed for negotiations. They would prefer that ail agreeinent should be come to for a reference of the question of the liability of the Newfftiindland government for claims of that class, to some legal tribunal, such as the judicial coinmittee of the privy council, the supreme court of Canada, or the supreme court of ^ewfoundland; with the right to appeal to the judicial committee if either ot the two latter courts should ])e the court resorted to. Thev submit that the periiKl allowed for the negotiations referred to in the pro- posal and the counter-proposal should he the 1st of August next. In other respects, they respectfully invite the Newfoundland delegates to recon- sider the tenns of the proposal made by the Canadian delegates at Saturday's meeting. "D "—APPENDIX 8. The Canadian representatives having expressed their willingness to adopt such legKslation as may )je within the competence of their parliament, against infraction of the laws of Newfoundland respecting bait by Canadian fishermen, and ^•essels who may obtain supplies of bait in Newfoundland, the Newfoundland representatives undertake to recommend to their cabinet that Canadian fishermen and vessels shall be put on equal footing with Newfoundland fishermen and vessels as to supplies of bait and that no discrimination wi 1 be made against imports from Canada, provided all the produce ot the Newfoundland hsheries and packages in which the same is contained shall be admitted to Canadian ports free of duty, and also that the fishermen of Newfoundland are admitted to equal privileges with Canadian fishermen in Canadian waters ; the mutual concession to continue in force until the fist day of June next. Should the Bond-lJlame contention in the meantime receive the ratifictdion of her majesty's gov- ernment, or the Canadian government, on or befo.o that date, withdraw their protest against the ratification of the same by her majesty's government, then the said privi- lege shall continue to exist. The Newfoundia ,d representatives had hoped that after the assurances given, viz., that such guarantee as the government of the Dominion of Canada shall deenri satisfactory will be given by the government of Newfoundland that no differential tanff will 1« exacted against the prcKluce of the Dominion of Canada; that the Canadian hshermen will be admitted to equal rights and privileges with the hshermen of Newfoundland, anu Jiat a .system of licenses shall be adopted as a recog- nition of the continuity of the treaty of 1818; which meant the removal of every objection within the powers of the colony to remove, the Canadian representatives would have undertaken the wif Irawal of the protest, or at least to recommend to their colleagues the withdrawal of the same aftipr a reasonable time had Ijeen allowed to afford Canada a further opportunity to ascertain whether the United States would con- sent to put the fishery products of Can,, la and of Newfoundland on the same footins or grant equivalent conces-ions to Canadian piwlucts. NEWFOUNDLAND AND CANADA. 61 w,th,l„w„l „f the e«,t^t. tl,e,V freWL „f „t,„, \3 Cll.S I Trfl '"""", V'" "E"— APPENDIX 9. lulvised her ma enty's anverniiieiit that it I. ,ll..,..lT i '-"Bl.md have, it seems, huKl t.,.id»pta„y other »„u™' """ '"""'S'l '"'• "'« g..vern,„e„t of Newfound- erie, of N.wt„„„,lh.„,| ».ter, .^'r o"™™ JXl Xnl tCTc'r" ""' f - =,;nsEeSrtL-:^rr^^^^^^^^^ Newfoundland hshenuen a preference over Canadian fishern.en in tL m iXts of t e United htates by stipulation for free fi.sh for Newfoundland, while Ca.mdnStht fish into £^::^::^;;i:!Sk^\^rr^ -- --i tx^ rz:t j S w^Sw^^s i^te;^^:^;^-^;^:,— of^hat o^;:.::^S: cH.ri.nn.ting dut.. on i.nport« fro™ jSt;:^.:^3 S:^th^^^ r 7:i^T'"' r"^'"^'"' •* ^'"' '"'"" '^«^^">»«l that she did so unclt fee In of ri tation and that a policy so contrary to th^ princinle- n-hiph