The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-10-05

The act Of and 8 Victoria ch. 49, entitled An act 4
regulate the trade of the British possessions abroad ap
plies throughout either expressly by manifest mplica
ton TO the several provinces of Canada New Brunswick
Nova Scotia and Prince Edwards Island II defines wha
places therein respectively shall be ports Of clearance ant
entry for foreign expectation importation Ii desgnate
what articles Of merchandise shall be deemed prohibited
mporabe only under certain restrictions what articles
may be imported free of duty of customs and
a,es the articles which may be imported subject duty
prescribing the of duty chargeable each Ii enaets
that all laws, bylaws, usages of any OF the
British possessions in America which in any wise
pugnant to any act Of Parliament made thereafter to
be made in the United Kingdom far the shall
late to and mention the said possessions are and shall be
null and void to all ntens and purposes whatsoever
Progided That exemption from duty, in any of the
British possessions abroad contained in any act Of Par
lament shall extend to any duty not imposed by act of
Parliament unless and in far only any duty not
imposed is shall be expressly mentioned in said
empon And the act further provides that il shall be
lawful for the Queen by order in council regulate the
trade and and from certain of the British
possessions abroad which specially mentioned and
exclusive of those in America.
BY the whole tenor therefore of this act the regulation
Of duties Of merchandise imported into the
colonies Of Canada, New Brunswick Nova Scotia and
Prince Edwards Island from the United States, any
other foreign country declared be the province OF
the Imperial Parliament But most important change in
this respect introduced by the act Of and 10 Vic
toria CHI entitled An enable the legislatures OF
certain British possessions TO reduce repeal certain du
ties of customs which act is in the following words
namely
Whereas by passed in the session of Parliament
holden in the eighth and ninth years OF the reign of her
present Majesty entitled An act 10 regulate the trade Of The
British possessions abroad certain duties of customs set
forth in certain table in the said act contained inn
posed upon the importation into any of the British posses
sons in 4uerca, into the island of Haigaus, OF the
J
produce manufacture Of the United Kingdom OF the
British possessions therein enumerated and certain duty
Of ten pounds for every hundred pounds OF the value
thereof imposed upon the importation therelnto OF
certain sugar refined in bond in the United Kingdom and
whereas by the said act iii enacted that all laws bylaws
usase which shall be in practice endeavor
ed pretended to be in force practice any OF the
British possessions in An'erca which are in any wise re-
pugnant to the said act or to any Parliament made
be made in the United Kingdom, far such act
shall relate and mention the said possessions and
shall be null and void to all ntents and purposes whaso-
and whereas it is expedent enable the legislatures
other proper legislative authorities in the said British
possessions with the of her Majesty in council 10
reduce repeal all any such duties of customs aole
said far the be in force In such possessions
respectively:
Be it therefore enacted by the Queens most excellent
Majesty by and with the advice and consent of the lords
spiritual and temporal and this present Par
Lament assembled and by the authority of the same That
and whenever the legislature other proper legislative
horiy of any of the said British possessions in Amca OF
the Maurius make pass any act ordinance, acts OF
ordinances reducing repeating all or any OF the said
duties of customs imposed aforesaid by the said
cited act upon any articles imported into such possession
and if her Majesty by and with the advice of her privy
council such act ordinance acts ordinances
such duties of customs shall upon the proclamation OF such
assent in the colony any time thereafter which may
be fixed by such act or ordinance be so reduced or re
peaed in such possession if such reduction repeal had
been effected by of the imperial legislature
anything ia any act to the contrary thereof nowthtand
H. And be it enacted That all such acts and ordinances
shall be laid before both houses Of Parliament by
M,ie pf
days after her Majesty shall have assented thereunto il Par
Lament be then sitting or if not then within thirty days
after the next meeting of Parliament
The existence of this throws light the clause Of
the treaty which calls for legislation by the provinces II
that now Notwithstanding the of the previous
above cited the provinces Of Canada New Brunswick
Nova Scotia and Prince Edwards Island competent OF
themselves repeal the existing duties the importation
therein of any of the articles enumerated in the treaty
der consderationtha is to say such repeal by Them il
approved by the Queen competent and sufficient be
tween them and the imperial government
But besides the mutual interchange of certain articles OF
merchandise free oduy between the United States and the
provinces of Canada New Brunswick Nova Scotia, and
Prince Edwards Island, the treaty provides have
SEEN for the enjoyment of certain fisheries the
coasts of America, and the rights which citizens of the
United States there enjoy the of the Brit
ish provinces especially declared by the treaty be
in addition those which were secured to them by the
contention of 1918 between the two governments.
Now, when that convention concluded it was deems
ed necessary for Parliament to pass act to carry it into
efecthat of 80 George g. CHI 80 The act gives to the
Crown power to make regulations applicable TO the fshe
ries according to the of the convention and pro-
vides for the seizure and condemnation of vessels belong
ing TO citizens OF the United States found fishing the
coasts of British America in conaventon of the same 1t
would seem that by parity Of circumstances act Of Par
lament is requisite adapted to the present treaty relations
of the two governments, in this respect
There is not within my knowledge any act of Parlia-
ment which yields to the AngoA merican provinces COM
plce legislative jurisdiction Of the coast fisheries nor is
easy how there should be for those fisheries are
clearly of imperial not of provincial rghtthat is say
they belong to all the subjects of the British empire
alone to the Apglo-A mercsn provinces
Accordingly the Earl Of Clarendon in his despatch to
Mr. Buchanan of the 10Th of August apprizng him of the
Greens ratification of the treaty adds that directions
will have been 10 the British colonial and naval author
tiles modest American fishermen in using at the
privileges secured them by the treaty.; thus dealing
with it as question of the jurisdiction of the imperial gov
ernment.
1t is not material therefore TO consider and anayze what
there may be of provincial legislation the beet
gcr is il in my Judgment material 10 inquire how far any
modified OF sub1ght ia these fisheries may have passed
by the political acts creating those provinces, from the
British Grown to them and their inhabitants for after all
whatever concurrence or confusion of political right there
NAV bc in this respect between those provinces and the
imperial government still they but dependencies Of the
United Kingdom if you please integral parts of the
British empire and of course the question Of the coast fish
ere in its foreign relations of necessity be Of the