Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873

No. 190.
Sir Edward Thornton to Mr. Fish.

Washington, June 19, 1873. (Received June 19.)

Sir: In compliance with instructions which I have received from Earl Granville, I have the honor to transmit herewith copy of an act Which has been passed by the legislature of Newfoundland to carry into effect articles 18 to 25 of the treaty of May 8, 1871. I am at the same time instructed to inquire whether the President of the United States will be prepared on the 1st of July next to issue a proclamation with reference to Newfoundland, in accordance with the 2d section of the recent act of Congress relating to the treaty of Washington.

In that case, the governor of Newfoundland would be instructed to issue a similar proclamation, fixing the day on which the act and the articles of the treaty applicable to Newfoundland shall take effect in that colony.

I am, therefore, instructed to propose to you to sign a proctocol with regard to Newfoundland similar to that which I had the honor to sign with you on the 7th instant, with the addition of a clause following as nearly as possible the proviso at the end of the first article of the Newfoundland act, namely, that the laws, rules and regulations of the colony relating to the time and manner of prosecuting the fisheries on the coast of the island shall not in any way be affected by the suspension of the laws of the colony which operate to prevent articles 18 to 25 of the treaty of Washington from taking full effect during the period mentioned in the 33d article of the treaty.

With respect to the day on which the above-mentioned articles should take effect in Newfoundland, Lord Granville has been informed by the colonial office that, under the imperial act of the last session of Parliament, relative to the fishery articles of the treaty, the governor of Newfoundland can only issue his proclamation extending those articles to Newfoundland during the suspension of certain acts of Parliament, which acts will only be suspended when the act of Congress of the United States shall have come into force. As this will not take place until the 1st of July, it appears that the governor’s proclamation cannot be issued before that date, and the protocol should therefore fix the 2d or 3d of July as the day for bringing the articles of the treaty into effect in Newfoundland.

I have, &c.,

EDW’D THORNTON.

AN ACT relating to the treaty of Washington, 1871.

Whereas a treaty between Her Majesty and the United States of America was signed at Washington on the 8th day of May, 1871, and was duly ratified on the 17th day of June, in that year, which, among other things, contained the following article:

“It is further agreed that the provisions and stipulations of articles 18 to 25 of this treaty, inclusive, shall extend to the colony of Newfoundland so far as they are applicable. But if the Imperial Parliament, the legislature of Newfoundland, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty.”

And whereas it is expedient to provide for giving effect, as regards the island of Newfoundland and its dependencies, to said articles 18 to 25 of said treaty, inclusive, so far as they are applicable to this colony:

Be it therefore enacted by the governor, legislative council, and assembly, in legislative session convened, as follows:

I. As soon as the law required to carry into operation, on the part of the United States of America, the articles set out in the schedule to this act has been passed by the Congress of the United States, and come into force, all laws of this colony which operate to prevent the said articles from taking full effect shall, so far as they so operate, be suspended and have no effect during the period mentioned in the article numbered 33 in the schedule to this act; provided, that such laws, rules, and regulations relating to the time and manner of prosecuting the fisheries on the coasts of this island shall not be in any way affected by such suspension.

II. The governor in council, by any order or orders to be made for that purpose, may do anything further, in accordance with the spirit and intention of the treaty, which shall be found necessary to be done on the part of this island, to give full effect to the treaty, and any such order shall have the same effect as if the object thereof were expressly provided for by this act.

III. This act shall not come into force until Her Majesty’s assent thereto shall have been given, and until the issuing of a proclamation under provisions of section two of the act of the Imperial Parliament entitled “The treaty of Washington act, 1872,” and shall remain in force during the term of years mentioned in article 33 in the schedule to this act.