The Newfoundland Government have expressed
considerable apprehension as to the extent of the
jurisdiction which might be granted to the United
States in connection with the lease of naval and
air bases in the Island.   The matter Is of special
importance in the case of Newfoundland in view of
its present constitutional position.   The self
government formerly enjoyed by Newfoundland has had
to be suspended until such time as the Island ajain
becomes financially self supporting, and a system
of Government by Commission has been substituted.
It is essential that, while this regime is in force,
no action should be taken which could in future
years be represented as a surrender of sovereignty
to the United States against the wishes of the people
of Newfoundland.
The question of jurisdiction arises also in those
Colonies In which bases are to be leased to the United
States, and the views of the Secretary of State for
the Colonies on this o_uestion were contained in a tele-
gram to His Majesty's Charge" d'Affalres at Washington
7   No.3073.   A solution on the lines indicated in that
telegram ought to cover satisfactorily the principal
points raised by the Newfoundland Government. These
were :-
(1) That a United States criminal committing
a crime against a Newfoundland citizen (e.g. larceny,
assault or rape) should not ce  tried by a United
States Court on the basis of United States criminal
jurisprudence with an appeal to United States Courts.
(2) That a Newfoundland citizen should not be
handed over for trial by a United States national on
a charge laid by a United States national.
Of these points,   (1) is covered by the statement
in telegram No.3073 that "They /i.e. the United States/
might ask for jurisdiction over united States citizens
for all crimes committed in the leased area but to this,
In cases where the victim was not a United States citizen,
I could obviously not agree*.
As regards (2)  telegram No. 3073 to Washington
states that "It is possible that the United States Govern-
ment might ask for such cases to be within the jurisdiction
of their courts but I should not  s  prepared to agree
except In regard to cases such as sabotage or spying* But
even in these cases there would have to be a reservation
regarding the death penalty"   V/hile the Newfoundland
Government have not referred to a possible exception
In the case of charges of espionage etc., it is reason-
able to suppose that they would not in the last resort
stand out against handing over for trial by a United States
Court a person charged with having committed an offence
of this kind within one of the teased areas, subject to
the reservation proposed by Lord Lloyd as regards the
death penalty.
The Newfoundland Government attach great Importance
to being associated, it the earliest possible stage, with
any discussions with the United States on these questions,
and to being able to put their point of view to the
United States directo   On the assumption that these
discussions will take place in London (the course which
His Majesty's Government in the United Kingdom desire),
the/
the Newfoundland Government have been asked to send
representatives to the discussions and have selected
for this purpose two of the Commissioners (Mr. Penson
and Mr. Emerson)*   They have been informed that If
any other procedure for discussion proves necessary,
It Is intended that Newfoundland should have every
opportunity for fully presenting her point of view.
If therefore formal discussion In Washington should
take the place of similar discussion In London, it
would De necessary that the Newfoundland Government
should have the opportunity of sending representatives
to participate.   This does not necessitate Newfoundland
participation in the purely Informal exploration of
the jurisdiction question In Washington which is imme-
diately contemplated, and this would In face probably
present difficulties.   It is, however, important that
the United Kingdom representative who takes part in
this informal exploration should make it clear to the
United States Government, who will themselves be putting
forward their views at a later stage, though he has
no reason to think that they would be prepared to agree
to any proposals going beyond those described in
telegram No. 3073.