HC Deb 25 August 1893 vol 16 cc1096-7
SIR C. W. DILKE

I beg to ask the Under Secretary of State for the Colonies under what Statute, British or Colonial, the Commander of H.M.S. Pelican acts in forbidding the inhabitants of St. George's Bay, Newfoundland, To sell herring to any other parties than the French ships in port, or who may arrive in port, until they are baited, or in proclaiming by poster The price of herring is fixed for the present at one dollar per barrel"?

THE UNDER SECRETARY OF STATE FOR THE COLONIES (MR. S. BUXTON,) Tower Hamlets, Poplar

The notice in question was not issued pursuant to any statutory power, but in the exercise of the discretion conferred on the commanders of Her Majesty's ships on the Newfoundland Coast. I am informed that the action taken was in the interests, and with the approval, of the inhabitants; for it would appear that on the arrival of the French fishermen to obtain bait at St. George's Bay, the commander got them to agree to purchase it from the Newfoundlanders, instead of exercising their Treaty right of catching it themselves uninterrupted by competition. Thus, instead of being prevented from fishing while the French boats were there, the Newfoundlanders obtained remunerative employment. Further, the early baiting of the French boats enabled them to leave more speedily than usual, and the risk of conflict was materially diminished.

*SIR C. W. DILKE

Is it contended that it is possible for naval commanders on the coast of Newfoundland to exercise, in virtue of their own discretion, powers for which they have no statutory authority?

MR. S. BUXTON

I think that the discretion given to commanders was sufficient to cover the proceedings in this case. As a matter of fact, the inhabitants on the spot were entirely in favour of the proceeding.

*SIR C. W. DILKE

Is the hon. Gentleman aware that it has been held in the local Courts, and on appeal, that no such discretion exists?

MR. S. BUXTON

I cannot give a legal opinion. This case has not been raised in the local Courts, as the inhabitants were in favour of the action taken.

MR. GIBSON BOWLES

I desire to know whether the House is really to understand that a discretion is given to Her Majesty's naval officers to fix the price of herrings?

MR. S. BUXTON

No; but if the hon. Member knew the circumstances he would see that, in this particular instance, the notice was given in the interests of the inhabitants themselves. No complaint whatever was made by the inhabitants of that locality.

MR. GIBSON BOWLES

But did he fix the price of herrings?

MR. S. BUXTON

The action which the commander took was under a discretion conferred by Treaty.

*SIR C. W. DILKE

"I beg to give notice that I will call attention to the matter on the Admiralty Vote.