The Story of NewfoundlandBirkenhead, Frederick Edwin Smith, Earl of
History
The Story of Newfoundland
Birkenhead, Frederick Edwin Smith, Earl of
America -- Discovery and exploration -- British; Newfoundland and Labrador -- History
To these terms the contractor was not prepared to accede. It is
difficult not to feel sympathy with his refusal. I had the advantage
of hearing the contention on this point of a well-known Newfoundland
Liberal, who brought forward intelligible, but not, I think,
convincing arguments. The clause against assignment without the
consent of Government ought surely to be qualified by the implied
condition that such consent must not be unreasonably withheld. In the
private law of England equity has long since grafted this implication
upon prohibitions against assignment. If, however, the Government had
been content with a blunt _non possumus_, a case could no doubt have
been made out for insisting upon their pound of flesh. They chose,
however, to do the one thing which was neither dignified nor
defensible: they offered to assent to an assignment on condition that
Mr Reid surrendered his most valuable privileges. It is no answer to
say, as many Newfoundland Liberals did say: We opposed the contract
from the start, and it is therefore impossible for us to assent to any
extension of the contractor's privileges. In fact, such an argument
seems to betray an inability to understand the ground principle on
which party government depends. That principle, of course, is the
loyal acceptance by each party on entering office of the completed
legislation of its predecessors. To borrow a metaphor from the Roman
lawyers, the _hereditas_ may be _damnosa_, but the party succeeds
thereto as a _haeres necessarius_. Any other rule would substitute
anarchy for order, and an endless process of reversing the past for a
salutary attention to the present.
Public-domain text, read in full here on John Shaqi.
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