CHAP. V] TREATY RELATIONS 1105
accepts a treaty to pass any legislation necessary to give it
full force, and this has often been done, e.g. by the North
American Colonies to carry out the provisions of the Extra-
dition Treaty of 1842, of the Reciprocity Treaty of 1854, and
of the Treaty of Washington of 1871, and by Canada in 19086,
1908 and 1911 to confirm the Japanese and French treaties.
The Imperial Government has also often legislated to sup-
plement, Colonial legislation, as in the case of the Anglo-
American Treaties of 1854 and 1871, and the Anglo-French
Treaty of 1904. In the case of Newfoundland an Imperial
Act to override Colonial legislation was proposed in 1891}
and only withdrawn on an undertaking being given by the
Colonial Government that Colonial legislation would take
place, and an Order in Council of September 9, 1907,% was
actually passed, under the Imperial Act of 1819, to suspend
the operation of certain Colonial legislation which was in-
consistent with a modus vivendi of September 6, 1907, with
the United States. This Order in Council was revoked in
1908 on the acceptance by the Colony of a modus vivends
pending the submission of the questions at issue with the
United States to arbitration.
It is, of course, in each case a question of interpretation
how far treaties extend to the Dominions. Thus Her
Majesty’s Government in 18752 held that British Columbia
was not entitled to the benefits of the Treaty of Washington
of 1871, as it had become part of the Dominion of Canada
subsequent to that date. On the other hand, general treaties
would clearly, on the accepted principle of international
law, apply to territories acquired subsequent to the date of
the treaty, as, for example, the Transvaal and the Orange
River Colony. Certain difficulty might arise in such a case,
for normally these Colonies, as self-governing Colonies,
would have been given the option of adhering to treaties of
2 commercial character. whereas as it was thev fell under the
See Parl. Pap., C. 6044, H. L, 76, C. 6256, 6334, 6365, 6488, 6637, 6703.
Parl. Pap., Cd. 3765, p. 168. Cf. Cd. 3262.
' Canada Sess. Pap., 1876, No. 42, where the arguments of both sides
are given. Cf, 1877, No. 100 (French duty on ships).
