New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-28
CHEERFUL NEWFOUNDLANDERS
THEY HAVE MADE A GREAT DISCOVERY.
THE PARLIAMENTARY ACT OF GEORGE III
PASSED TO GIVE EFFECT TO THE
FRENCH TREATIES, HAS BEEN
INADVERTENTLY REPEALED

oldest colony.
Nova has ALWAYS been the "Cinderella" of the
colonial household. She has always Dech neg
lcc,ed starved restricted. Inundated. Her as
pirations toward progress have always Deeh
rudelv checked. She was early informed that
she was not TO consider herself colony at all
only a station for taking and curing Goldfish. TO
he used for the convenience of the Mother Coun-
try Houses were not to be buiit or lands en-
closed Settlement prohibited under pen
alties and the fishermen who visited the shores
If the island were TO return TO England on the
annro,cb of winter No fixed government was
enthusiastically some rough police regulations
npder the celebrated Fishing Admirals.' When
better days began TO dawn justice was dealt
ON, TO the colonial Cinderella" with the most
nicpardlv hand. Indeed, it had 10 be won by
agitation and angry rcmonstrance Worst OF
all the best half of her territory was mortgaged
in perpetuity to France, and the people were
calmly told that willie the whole island was
their own, they must not " interrupt the French
in their use of this region. and that 1T would
be wiser 10 confinc themselves to the other half.
This last blow at the prosperity of the colony
proved to he the most serious of all. The struS-
Cling colonists were virtually excluded from the
finest half of the island, and coopcd up In the
comparatively barren half, where only fishing
could be carried on They had to fight the battle
of life with heavy odds against them All their
frantic efforts to get rid of the French proved
futile. No attention was paid to their complaints
The wear 1890 dawned and brought with it the
now celebrated modus vivendi. 1t broke tho
sleep of ages. Terra Nova reused as never
before to strike for freedom The mythical straw
was placed on the conventional back of the by
pothetical camel. The limits of endurance were
passed. The colonists rose in their wrath, and
presented to the world list of their wrongs and
grievances which arrested public attention ana
awakened a widespread sympathy. Not content
with sending deputies to the neighboring prov
inces and to England. some of the holder spirits
organized resistance to the enforcement of the
obnoxious modus Three British mcn-of-war were
sent to the coast as usual TO preserve order and
carry out the provisions Of the modus. The poor
fishermen would never have dreamed of offering
resistance TO the orders of Sir Baldwin Walker,
the commander Of the squadron, believing that
if they did so he could turn his guns on them
md sweep them from the face of the earth.
4 champion, however, was found in the person
OF James Baird, a sturdy Scotch merchant, who
decided on trying conclusions with the titled
commander and his fwar-ships. Mr.. Baird and
those who acted with him shrewdly suspected
that the mOdus and its armed enfOrcer were not
sustained by British law He refused 10 obey
Sir Badwin's mandate TO close his lobster factory
and babe him defiance. Sir Baldwin accepted TIE
challenge, took possession Of the factory, turned
ont the employees and placed armed marines III
charge of the premises.
Mr.. Bald at once dispatched legal represent
alive TO the scene of action, who collected evi-
dence and obtained writ against Sir Baldwin
for illegal trespass. No doubt was entertained
4 tlo
sentative of Imperial power, TO face his foe in a
court of Justice and vindcate the legality of his
action. Mr.. Baird's lawyer courtcously Informed
the commander that the writ had been issued
damages claimed S3,0OO-and requested him to
name legal representative who would accept
service on his behalf. Strange 10 say, the man OF
war shrank from the legal combat lie replied
10 the lawyer that he expected Imperial instruc-
tons by next mail regarding compensation for
the losses and expenses incurred by his client
lie became gentle a sucking dove"
This amounts to an admission that he cannot
defend his action in Selling Mr. BaiIds factory
and stopping his business in a court of law. lie
virtually acknowledges that tl!c deed was Illegal:
and the Imperial authorities are compelled 10
pay damages The factory at FiShells Brook,
though erected two years ago, had not been
operated Till this year. and therefore Justly fell
under the prohibition Of the modus vivcndl. But
this instrument proves to have no legal sanction,
and the man who cnforccs il renders himself liable
t. the penalties of the law. The modus was
merely an agreement made for mutual conven-
fence between TWO governments. and can have no
legal force in a country having a constitution
and Parliament. 1t is treaty, but there IS
10 legal means of enforcing it, 50 that il is
mere waste paper No one is bound 10 obey
~ IL -
the Supreme Court.
Far-reaching consequences follow. If this new
treaty Is a useless instrument. what of the old
treaties? II it is unlawful for a naval officer
10 put in force the provisions Of this fresh treaty,
signed and sealed by the Governments Of France
and England. in this island. how can it he legal
u enforce the antlGuatcd treaties OF Two hundred
years ago? The truth IS, they stand on the
same footing There Is no more legal author
ity for the enforcement Of the old treaties than
for that Of the mOdus. This test case seems
10 reduce them 10 nullity. IL free country,
governed by law. naval officer has no power
u step in and take forciblc possession of Il mans
property and stop his business To enable him
10 do SO. martial law must first he proclaimed
and the country placed under a Coercion Act,
TONED 10y the Imperial Parliament. These
French Shore" treaties are No longer Of any
value, Tor there IS no power 10 give them effect
Is now AN open secret that the Act Of
the Imperial Parliament passed III the reign Of
george III, 10 give effect 10 the treaty Of 1888,
mas been 10y lucky chance swept from the
statute DOCKS, along with batch Of other musty
statutes This Act empowered naval and nil
ltary officers to pIll down buildings. remove in
habtants. arrest industries, ETC. if necessary for
we que enforcement Of the treaty BY a rare
blt Of good fortune for the colony this Act was
IhadVertentiy repealed. For a long time no one
Knew OF It's repeal. The matter was kent a
men-oi-war patrolled the French Shore Their
officers hectored and knocked abont the poor
fishermen as usual, and in fear and trembling
Ihelr mandates were obcyed they were sup
mi Ia boir
side va WV"
All the while they We're acting without warrant
OF law ana successive British Governments were
exercising an authority which they did not posses,
The repeal of the obscure statute was n sccrp,
Lord knntsford at last let the cat out Of the
nag. Inc LOBSTER question came IN: and i'm
1888 his lordShip found himself unaHie tn n,,t
Gown the lobster Industry and the use Of cod
traps, of which rhe French complai1ed lie