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The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmte d des taux de rMuction diffirents. Lorsque Ie document est trop grand pour dtre reproduit en un seul clich6, il est i'llmi i partir de I'angia supArieur gauche, de gauche d droite, ut de haut en bas, en prenant Ie nombre d'imeges nicessaira. Les diagrammes suivants illustrent la mithode. by errata ned to lent une pelure, fapon d 1 2 3 1 2 3 :' :♦ 5 6 32X N¥. FRANCE. No. 1 (1890). fi^r CORRESPONDENCE BESFEOIINO THE J!^EWrOUNDLAND FISHERIES: 1884-90. Presented to both Houses of Parliament by Command of Her Majesty, June 1890. LONDON: PRINTED FOB HER MAJESTY'S STATIONERY OFFICE BV HARRISON AND SONS, ST. MARTIN'S LANE, PBINTERS IM OBDINART TO HRR UAJIBTT. And to be purchsaed, either diroctlf or through any Bookseller, from EYBB AND SPOTTISWOODE. Ea»t Hardino Strbet, Flirt Strut, B.C., 32, Abinodoh Strbit, Westminstkr, S.W.; ob ADAM AND CHARLES BLACK, 6. North Bridoi, EDiNBOBaii or HODGES, FIGGIS, & Co., 104, Gbaftoh Stbbit, Ddbiik. F^BHER.Eja' UBRAi^V TABLE OF CONTENTS. No. 17 No. 10 11 12 13 14 15 l(i Name. Earl of Detby to Sir J. Olovcr Sir J. Glover to Earl of Derby Earl of Derby to Sir J. Glover (Tolegraj)hic) Sir J. Glover to E:irl of Derby (Telegraphic) Earl of Derby to Sir J. Glover (Telegraphic) Sir J. Glover to Earl of Derby (Telegraphic) Earl of Derby to Sir J. Glover (Telegraphic) Sir J. Glover to Earl of Derby (Telegraphic) Colonel Stanley to Mr. Carter Mr. Carter to Earl Granville To Mr. Egerton . . Colonial -Office . , M. VVaddington ,. Colonial Office Date. June 12, 1884 July 16, .^iig. 9, Nov. 22, Jan. 31, 1S85 Feb. 5, 10, 11. Jan. 26, 1886 Mar. 1, SO, June 7, 21, July C, 6. Subject. Arrnnffcment entered into by the British and rrenuh Cnmniissionors for the aettlenient of the I'isliery question. It is hoped that Colonial Government will accept it as a satisfactory solu- tion. |{csum6 of negotiations. Stipulations of the Treaty of Utrecht and of the Declaration of \'ersailles, and their interpretation quoted .. TransniiU ropy of a .Minute from Colonial Ministers sntrgcsting certain modifications in the Arrange- ment .. .. .. .. Heply to above. Her M.ijesty's Government will endeavour to innkc modifications desired Will Colonial Government agree to one guardian for each harbour, except in the case of largo harbours where French establishments are at a distance from each other? Ministers should sug- gest a wording of an Article to be inserted Reply to above. Colonial liovernroent assent, Wording of Article suggested .. Asking for an assurance that the Colonial Legisla- ture will agree to the Arrangement subject to the speciried mollifications Colonial Government object to proposed alteration of the modifications suggested by them with regard to wharves nnd buildings Descril)ing the niodificition of Article II which Her Majesty's Government would propose to the French Government .. .. Explains and defines terms of proposed new Article Reraplliilating the negotiations on the subject of the French fishery rights, and transmitting copy of the Arrangement signed at Paris on the 14th November, 188,5, to belaid before Ministers and submitted to Colonial Legislature, with a view to a Law being passed to put it into execu- tion . . . . . . Acknowledges receipt of above. The .'\rrange[iient will be laid upon the tables of both Houses without delay Coiiver.-ation with the French Ambassador. If Arrangement is rejected by Newfoundland Legis- lature, French Government will insist on strict Treaty rights .. ,. Opposiiion to the Arrangement on the part of Cidoiiial .Ministers and Legislature. Copies of despatches from (lovernor of Newfoundland, and of a fioporl by Mr. Pennell. Objections urged against Article XVII, giving the French the ri^lit to purchase bait whilst the French Govern- nirnt continue to give bounties on fish taken by Froiuh fishermen .. .. ., .. French Government have given orders for the vigorous enforcing of their Treaty rights in view of the action of the ('olonial Legislature .. Copies of conespondencn with Governor of N'uw- iouiidlauil. Conditions on which Colonial Ministers would recommend the Legislature to assent to the Arrangement. France to give up bounty system. The term "interrupt in any manner" to be clearly defined in the sense of a /ionr//iV'.' obstruction. The powers of Commanders of French cruizers to be restricted .. ,, Itill passed by Newfoundland Lcj^islaturc for pro- hibitmg the purchase of bait by the French. Goiernnr of Newfoundland has reserved the Hill. Reasons in favour of assenting to this Bill, in view of the extreme attitude taken up by the French Oovernment . . . . . . Page 15 16 17 17 17 18 18 18 18 30 31 I I 31 46 48 53 18 19 20 23 24 25 26 27 28 2iJ 30 31 32 33 34 35 36 V ro O M n rx! ^ ^ c TABLB OF CONTENTS. lU Pape 13 16 17 17 17 13 18 (8 30 Si Ul 4S 48 53 No. 17 18 19 20 21 22 23 24 25 2G 27 28 2i) 30 31 32 33 34 35 36 Name. To M. Waddington Colonial Office To Colonial Office.. M. Waddington •• To Colonial Office.. Colonial Office . . Earl of Clauwilliam to Ad- miralty Count d'Aubigny (A) ,. (B) II II (C) • To Colonial Office. . Earl of Clanwilliam to Ad- miralty Sir G. Des Vosux to Mr. Stanhope Mr. Stanhope to Sir G. Des Voeuz Count d'Aubigny . . Colonial Office .. To M. Waddington Mr. Stanhope to Sir G. De« VOBUX Sir G. Dea Voeux to Mr. Stanhope To M. Waddington Date. July 24, 1886 Aug. 13, 20, 25, Sept. 1, Aug. 31, Sept. 1, 20, 20. 20, 27, 14, 14, Oct. 18, 20, 25, 88, 30, 27, Nov. 24, [20«J] "1 (M .Z VU oO Subject. Iteply to No. 14. Her Majesty's Government trust that the new instructions to the French naval officers in Newfoundland waters will be withdrawn Proposes to approve Mr. Pennell's proceedings in Newfoundland . . , . . . Concurs in above . . . . . . Ueported rstabliiliment on the Treaty Shore of two British lobster factories. Requests their removal as being illegal and interfering with French fisheries .. .. •• Trinsmits copy of above, for observations . . Eroction of a Frencli lobster factory at Port-au- Choix. Copy of a despatch from the Governor of Newfoundland. Suir|TC9ts that a protest be addressed to French Government against this new industry, as involving a clear breach of 1'rcaty stipulations . . . . • . Seizure of cod-trnps belonging to British subjects by French navnl officers. Protest of Captain liamond. Transmits copies of correspondence on the subject . . , . . . . . Openine of seven more British lobster factories on the Treaty Shore. Henewed protest . . Colonial Decree prohibiting lobster fishing for three years at Rocky Harbour on the Treaty Shore. French Government cannot recognize its validity Seizure of cod-traps by French naval officers under the new instructions. Explains that action was taken in order to maintain the principle of French rights; but the fishiii); material was subsequently returned to British cruizer . . Transmits copy of No. 24 .. .. Seizure of cod-traps by French naval officers. Transmits copies of correspondence exciiangcd between Britisli and French naval officers, tho latter vindicating liis action. Serious difficulties will continue to arise unless use of cod-traps is made illegal .. .. Erection of further French lobster factories. Com- plaints of native fishermen against tlieir illegal establishment. Probability of British lobster factories being suppressed by the Government as injurious to the fisheries Transmits copies of Nos. 23 and 28. Asks whether Colonial Government contemplate taking any steps for prohibiting the use of cod-traps, at least on the Treaty Shore. Protest will be made to French Government against the action of the French naval officer . . . , . . British lobster factories on the Treaty Shore. Renews protest ap;ninst the establishments Colonial Decree prohibitin-j lobster fishing at Rocky Harbour. Refers to No. 25. Proposes to in- struct the Governor to send a copy of the Decree, and to tell French Ambassador so Reply to No. 25. Infornmtion in the sense of above Decree prohibiting lobster fishing at Rocky Harbour. Instructing him to send a copy of the Decree, and suggesting that documents of this character should contain a clause reserving French Treaty rights . . Sir Ambrose Shea's departure for England, to urge upon Her Majesty's Government the views of the Colony with regard to the Bait Bill. Anxiety of the Government to obtain the Queen's sanction to this Bill . . British and French lobster factories. Points out illegality of French establishments, and trusts they will be discontinued. British factories are not interfering with French fishing operations, and have existed for some years. Her Majesty's Government will agree to have such of them removed as may have been erected since the date of the Paris Arrangement .. .. .. a 2 Page 60 61 61 61 62 62 66 6« 68 69 70 70 74 76 76 77 77 78 78 78 iT TABLE OF CONTKNTS. No. 11 : < 87 38 39 40 41 42 43 44 45 46 47 48 49 60 51 59 Nanw. Admiralty .• .. Colonial Office Admiralty t • •• To ViacouDt Lyon a .. Sir G, De» Vooux to Mr. Stanhope Sir H. Holland to Sir G, Des VOBUX Colonial Office » It • • • • » i» •• If II •• •• Count d'Aubigny f • • • To Count d'Aubigny To Colonial Office,. Colonial Office Dale. Deo. 14, 188G Deo. 22, Jan. 15, 1887 Feb. 2, Jan. 14, Feb. 3, 11. 12. Mar. 21. 30. Apr. 4, 5, 20, 29. 29, 30, SunjEOT. Annual Report nn tlie Xrwfouniliand flshprira for- warili'ci by Lord Clanwillinni. Proposes to cxprcaa apprnvnl of tlin conduct anil proceedings of the liritish naval officers employed in the protection of the fisheries , ., .. .. Colonial Order in Council proliibitlni; lobster fishinff ot Rocliy Harbour. (Jovcrnor's reply to No. 34. The Order in Couneil was not irilcuded to apply to French lisherinen. A Report from Colonial Ministers is expected ,. .. .. Cod-traps and lobster fislicriep. Furtlier letter from Admiral on the North American Station, urginp; that some understanding sliotdd be arrived at between the two (iovernmcnts before the begin- ning of the new fitliiiig season Bait Hill. Conversation with French Ambassador. Her Majesty's Government, while maintaining that they would be in their right in sanctioning this Bill, engage not to let it take effect for the coming season .. .. .. Earnestly urges thot the liait Hill may receive the Queen's assent Reply to above. Reasons for which ller Majesty's Government are unable to advise the Queen to allow the Bait Rill to come into operation this year Cod-traps and lobster fisheries. Transmits copy of No. 37, with instructions to ascertain the views of the Colonial Ministers us to the desirability of prohihiting cod traps, and of closing all lobster factories on the Treaty Shore Colonial Order in Council prohibiting lobster fishing at lioDne Bay. Transmits copy of n despatch to the Governor of Newfoundland asking for a formal assurance on the part of his Ministers that the prohibition is not to apply to French fishermen . . . . . . . . Bait Bill. Transmits copies of despatches from the Governor of Newfoundland, inclosi ig newspaper extracts relating to the attitude of Her Majesty's Government, and reporting thai Mr. Thorburn and Sir .Ambrose She?. ,4re starting for England to make fresh representations ,. Bait Bill, almost identical with previous one, passed unanimously by both Houses in the Colony. Transmits copy of despatch from the Governor inclosing text of the Bill .. .. Address from the Legislative Assembly of Nev»- foundland to Sir Henry Ilollaiid, urging that the Queeii's assent be given to the Bait Bill. Terms of proposed reply . . Transmits copy of a letter to the Admiralty ap- proving of the naval officers on the Newfoundland Station being generally instructed to carry out the spirit of the 1885 Arrangement .. Use of cod-traps by French fishermen prohibited by the French Government, 'i'rusts that Her Majesty's (iovernment will take steps to issue similar prohibition for British snbjects. Re- assertion of French claim to exclusive fishery rights on the Treaty Shore . . . . Reply to above. Question of cod-traps will be considered. Protests against French claim to exclusive fis'aery rights Transmits copies of Nos. 49 and 50. Newfound- land Government should again be urged to take measures for suppressing cod-traps Bait Rill. Objections of Canadian Government to the clauses which prohibit bait fishing and pur- chase except under a licence from the Newfound, land Government. Copies of correspondence transmitted. Proposal to advise the Queen now to assent to the Bill on an assurance being given by the Newfoundland Government that licences will not be withheld from any British subjects . , Page 79 84 85 87 88 92 94 94 95 96 93 101 101 102 103 No, 53 i I A4 55 5G 57 58 59 60 61 62 63 64 65 66 67 68 60 70 103 TAOLR OP CONTENTS, :T i fiahorira fnr- laea to cxprcaa edings oi' the ;hc protection ■ • • • lobster fialiinit )ly to No. 34. ided to npply Toni Colonial icr letter from Station, iirp^lnfr :)e arrived at are the bcgin- Anibnsandor. ; muintniniug n sanctioniiif^ uffoct for llie ;\y receive llic ller Mnjeaty'a the Queen to operation this laniits copy of nin the vieWM desirability of ig all lobalcr lobster fi»liinj» of a despatch nskin)^ for a his Ministers ly to French • • « ■ [ehes from the ijT newspaper ler iVIajesty's [r. Thorburn for England IS one, passed the Colony, le Governor ibly of New- Kiiic; that the Bill. Turma dmiralty ap- [ewfonndland to carry out en prohibited sts that Her «ps to issue hjects. Rc- iisive fishery raps will be ich claim to Newfound- irged to take irernraent to ng and pur- e Newfound- rrespondviice Queen now being given hat licences 1 subjects . , Puge 79 84 85 87 88 92 94 94 95 OG 93 101 101 102 103 No. S3 Name. Colonial UHlco • ■ • • 4 I .14 6S 6G 57 S8 59 60 61 62 63 64 65 66 67 68 60 70 103 Date. May 6, 1887 To Colonial Officci. To M. VVaddington Colonial Ofllcc .. To Colonial Oflieo. Sir II. Holland to Sir F. Carter To M. VVaddington ,, M, Waddington . . . , It ti • • • • To Colonial Office.. .. *i If • • •• Sir H. Holland to Adminis- trator of Newfoundland Colonial Office ., . , Colonial Office to Admiralty . Admiralty to Colonial OfiUce . Sir H. Holland to Adminis- trator of Newfoundland 7, 19, J 9, 23, 23, July 4, 5, 5. 7. 15, 18, 19. 27, 28, Aug. 10, 13, SUBJF.CT. Page Despatch from (Jovernor of Newfoundland rcimrting that his (iovcrnment arc not prepared to prohibit cod-traps or close the lobster factories on the Treaty Slioro, b\it will give notice that the iiau of th(' former may render them liable to seizure or ileatruction, and that the lubater fac- tories may iiavc to Le cloaed, when no tompen- sntion will he accorded. I'ormal assurance that llie I'roclanialion prohibiting lobster fishing at nnnni- liay will not be applied to I'rench fialier* men Uait Hill. Ilc|)ly to No. 5'.'. Concurs in proposal to inform Newlounilland Delegatea that the Queen will be advised to assent to the Hill I'aria ArranL'oment of IHKS was signed on the dis- tinct understanding that it would have to be sub- mitted for the approval of the Newfoundland Legislature . . . , . . . . Cod-lrap^. llefers to No. 49. Proposes to urge Colonial (lovernment, in view of the Queen's assent being given to the Halt Dill, to pass an Act for the proiiibilinn of cod-traps on the Treaty Shore British lobster factories on the Treaty Shore regarded by Mer Majesty's Oovernmcnt as a contravention, not of the Treaty of Utrecht, but of the Declaration of Versailles, Concurs in in- forming Xcwfoundlund (iovernnicnt accordingly, as proposed in No. 53 The Queen's assent will he given to the Bait Bill, but thu Proclamation for bringing the Act into force is rot to bo issued till after the end of the fishing season .. .. ,. .. British lobster factories on the Treaty Shore are considered by ller .Majesty's trovcrnment as a contravention of the Declaration of Versailles ,, Proclamation for prohibiting lobster fishing in Bonne Bay was not intended to apply to I'rench fishermen . , Cod-traps. Urges that Her Majesty's Government should come to a speedy decision as to the prohibi- tion of these traps. Incloses report in favour of a claim by Prench ship-owners against Her .Majesty's Government for interference with their operations on the part of British fishermen . , British lobster factories on Treaty Shore. Reply to No. 36. French Government do not admit that their existence previous to the 1885 Arrangement has been approved by their officers, and claim their prompt removal Transmits copy of No. Gl, for observations Transmits copy of No, 62, for observations Bait Act, Transmits Order in Council confirming the Act .. Rejection of the Arrangement of 1885. Copy of a despatch from the Governor, inclosing Resolu- tions passed by both Houses of the Newfoundland Legislature declining to asnent to the Arrange- ment .. .. British lobster factories on the Treaty Shore. Requests that naval officer on the Newfoundland Station be instructed to furnish detailed Reports on the situation and value of theie factories Transmits copy of telegram to Commander-in-chief at Halifax calling for reports on British lobster factories . . . . . , , . , Arrangement of 1885. Refers to No. 66. Ex- plains several points in the Arrangement which appear to have been misunderstood by Colonial Legislature British lobster factories. Transmits copies of corre- spondence with Foreign Office and Admiralty ,.. 109 1 10 111 111 ill 111 112 113 113 125 126 12G 127 127 129 129 129 130 «i TABLB 07 0OMTBMT6. No. 71 Nam*. 72 73 74 7r> 7G 77 78 78* 79 SO HI 82 S3 «4 85 86 87 To M. Waddington Admiralty to Colonial Office Sir F. Carter to Sir U. Holland Colonial OfBce Count d'Aubigny , , »* II To Count d'Aubigny M. Waddington . . Colonial Office .. Date. Aug. 34, 1887 30, 30, M, Waddington .. To M. Waddington Sir H. Holland to Governor Blake M. Waddington Admiralty To M. Waddington To Colonial Office . . Sir H. Holland to Governor Blake Governor Blake to Sir H. Holland (Telegraphic) Sept. 24, Oct. 6, 7i I9i Nov. 10, 19, 21, Dec. 16, 23, SunjECT. Jan, 11, 1888 13 Feb. 2 25, 25, o Claim nf French ahin-owncra for componaatioii for Interference with tneir liahing operations on tlio Treaty Shore. Heply to No. 61. Her Mnjpsty'it (iovernment connnt ai'cejit ihn view tliAt the mere preicnco of British Inhater-trapi givci a claim to coniprn ■• «• a* Incident in White Bay. Copy of telegraphic correspondence with the Governor of Newfound- land, who has informed Messrs. Miirpliy and Andrews that thoy were not justified in erecting permanent buildings . . . . Refers to above. IUmjucsIs that Governor lilake be instructed to report as to the title of .Messrs. Murphy ond Andrews to the land on which they commenced to erect a lobster factory . , Cod-traps, marking of vessoU, and claim of Messrs, Uupuis-Rubial. Complains of delay in answering his repeated representations . . , , . Pag. 148 I4S IfiO 134 194 ISS 1S8 106 196 157 167 138 159 159 160 ItiO 160 Tiii TABLE OK C0NTKNT8. No, |()G 107 108 108 Niiiii" no 111 ■ 12 113 III lis no 117 MB 119 To I'lirl of l.jtio Coloniul Ollicp .. Oovprnor Illako to J.ord Knulaford To M. VVaildingtoD Cnptain Ilnmond to Vice- Admiral Lyoni To Mr. Egcrton . . • t Aug. 28, M. Waddington ., • • Sept. 9, Mr. Egnrton .. <, Colonial Office • ■ 29, Earl of Lytton . . Colonial Office To M, Waddington »i » M. Waddington .. Ditp. July 24, 18^H 23, «, 28. June 26, Nov. 2, 3, 8. 23, Dec. 7, SonjKCT. Drpclion of a Frptirh lolislcr firloiy on 'Irrnty ttil>- jp<'t rioiicli lolmlpr fiictory at Wliilp Day. Dcl.iiU'd l(i'|i()rt from (Mivcriinr Dlnlit'. Frpiicli procrpd- '\n)i» clriirly violate ntipiiliilion of llic 'rrcatipn. i'lirtliiT r('|>rr>i'iitiitliiiiii ulionld l)i' niiulu lo Frpiicli Gotpi'iiuiPiil. Almirs. Murphy and Andrew* clnini ci'mpi'i'.salion . .. .. Aliiillliun of riul-trnp), Itpply lo No. 98. 'I'lio iKo yrnrn' di'lny ia in cun»idpralinii of tliu rnpitil •uiik in ihi'SP trapii, and tliu Ions wliicli lliuir innnrdiatc anpprpjsiiin would inflirl ,. ., Ilpr Miiji'sty'n Uovprnnu'ut «pc no rpaion for dpparlin^ from their prpvioim dpciiti^n on tlio clnini of .Mpmri. Diipiiia-Uoiii.'il. Act pasted by Colonial Lcgisiiuturc for abolition of cod-trapi after two years, Tlio nneition of the marking of nfibin^-vei!•»«• Nn. I 130 161 161 164 121 163 166 168 168 171 199 I 198 I9« 173 174 177 180 1S5 196 137 128 E; 129 Co 181 l;io 131 1,12 13.J .M To Lo 182 TABLB or ooMTnrrt. ix No. Niiin*, Diilr. HunjKOT. 130 131 133 19S To Earl of l/ytton M. Wd'Mingloii Doc 17, 1888 13, Earl of Lvtton ., 134 M. VVuddingtoii .. ISS 136 137 138 ISO 130 131 133 13.) To Colonial UlSce Colonial Office .. i» >> I^arl of Lytlon Coloiiinl Office .. M. Waildington .. ,. To Colonial Office (A) „ (15) Lord Kniitsford to Sir T. O'Brien [269] 81. 38, 3(!, Jan. 3, 1689 36, Feb. 18, 19, M«r. 14, 13, Mnr. 23, 28, I'reneli prncocdinni at Whiis Ray. Kofari^to No. lis. French (iovernmcnt loam lu Imve niiiiindemtood tliv natiirn of the proleit of Her Majesty 'k Government, wliiuh ii directed Rf^aintt the eitahliahnient of u lobiter *' factory," and agiinit the concuaiion of an excluiive licence to IIkIi for lobitem ((ranted to n Trench citiien Mr. Shenrer'ii iolmter fiictory ut Fort Saunderi. Rej(iind>r tn No. 118, Itenewi proteit. I.obnteri are " Hull," and riiflit to " ilry " mean* rii(ht to "prepare" litli for exportation. Ar|{umenti in I'livour i>f the contention that Frencli alone can jiKlue what conHtitulen an " interference " with tlielr Hiherinen . . .. Hat addrenied a note to Frencli Qovernnient in the Kenae of No. 120 Truniinita rejiort of a debate in the French Senate (in the Newfoundland fiaheriea, M, Uoblet't declaration that French had undoubted right to flail for lobiteri .. .. .. .. Marking of voaaela. Reply to No. 117. I'rovislnni of the Act of 1854 do not apply to the moat important, namely, the amalleat veaaeU. The recommendation addreaaed to the Newfoundland Government may not be complied with. French (jovernment would prefer n definite order being given for the eoinpulaory marking of all Hahing- veaaela . . . . . ■ . . . . Tranamita copy of above. Detirability of the Newfoundland Government adopting aome mea- aure of the nature indicated by French Govern- ment .. •• .. a* •• Tranamita copy of Admiralty letter, incloaing re- porta of the Britiah naval officera on the fltheriei for 1888, including complete report on Britiah and French lobater fiaherica . . .. ., Marking of flahing-veaaela. Refers to No. 135. Copiea of lettera from the Board of Trade, with enactments on the subject, and of a deap^itch to the (lovernor of Newfoundland urging the im- portance of legi^tlution thereon ., ., French lobster factories ot White Bay. Further explanations of French Government oa to purely temporary character of these eHtabliahments. Tliey cannot admit that French fiahermen are not entitled to fish for lobaters, but contend, on the contrary, that lobster fishing by British fishermen is against the Treaties . . SuggcJtiuiis for a renewed protest in answer to above Presses for ;in answer to No. I'JI callinjf for the sii|i|iression of Mr. Slieiirer's factory, whose lolister-poU prevent the French fishermen from fisliiii;; foi' lobsters und other liuit necessary for the coil-tiahing Messrs. .Murphy and Andrews' claim oj^ainst French Guverniiienl. Refers to Noi-. 104 and 129. The Report of I lie Governor of Newfoundland on the title to the land on which tlie factory was to be erected should be awaited Marking of ve-sels and suppression of cod-traps. Inquiries made by French Embossy as to any measures taken by Colonial Government Mr. Shearer's lobster factory and French proceedings at White Bay. Transmits correspondence and recapitulates course of negotiations. British naval, officers have been instructed to have Mr. Shearer's lobster-traps removed wherever French fishermen are prevented by them from pursuing their industiy. But they are not to h? removed simply to make way for French lobsler- traps .f «a •■ •« .. Paga 188 188 194 194 198 199 30) 2l>3 234 226 227 228 229 229 TABLE OF 00NTEKT8. No. 134 135 136 137 138 139 Name. Lord Knutsford to (sir T, O'Brien To M. Waddington Colonial Office .. To Colonial Office. i> 91 Colonial Office Date. Mar. 28, 1889 28, Apr. 3, 15, 140 141 Lord Kimtsford to h\t T, O'Brien 22, 30, May S, 10, 142 '.43 144 145 146 147 To Colonial Office. . To M. Wnddiiiijton Colonial Office Lord Knutsford to ^ir T. O'Brien To M. Waddington 10, K, 28, 28, 31, 22, SUBJICT. Lobiter factories. Suggests, as a solution of present difficult}-, that factories of either country should be allowed in places where they do not interfere with one another, uiider conditions jointly ap- proved by the naval officers of both nations Mr. Shearer's factory. Reply to Nos. 121 and ISO. Her Majesty's Government must uphold their previous decision as explained iu No. 120. Even if it were admitted that lobsters were " fish " within the meaning of the Treaties, the French would have no right erect factories for canning them , . . . . . . , .Marking of vessels and suppression of cod-traps. Suggestions for replying to inquiries of French Embassy recorded in No. J 32. Telegram from Sir T. O'Bri'^n reporting that his Oovernment are not inclined to bring in a Bill for marking of vessels . Reply to above. Greatly regret that Colonial Government decline to adopt legislation for making marking of vessels compulsory .. Refers to above. Cal)3 attention to the North Sea Fisheries Convention of 1882, which provides for marking of lishing-vessels . . . . Transmits copy of a despatch from Sir T. O'Brien forwarding copies of Petitions, Addresses, and other documents dealing with the lobster flsheries and the question of free access to the coast for mining purposes, together with papers explaining the proceedings connected with Messrs. Murphy and Andrews' factory at White Bay . Marking of iishing-vess -hould be approached in the Brst instance ., ., .. .Viessrs .Murphy and Andrews' claim against French Gnvernroeut. Refers to No. 107. As British naval officer hud hinuelf admitted that the French fishery was being interfered with. Her Majesty's Government cannot urge their claim against the Frencli Government with any hope of success Marking of vessels. liegret of Her Majesty's Government thai Newfoundland Oovernment will not adopt required lecrislution. Calls attention t<' provision of Nortii Sea Fisheries Conveniion of 1882 on this subject I.,nbster factories. Her Majesty's Government cannot .idniit that British lobster fishing should be stopped simply to make way for Freni h lobster fishing. Care will be taken not to interfere with legitimate rights of French fishermen. Trusts that report of a new French factory being estab- lished at St. Margaret's Bay is unfounded Page 230 231 232 233 233 233 241 241 242 244 244 245 246 246 TABLE OF CONTENTS. XI No. 148 149 150 ISO* 181 Name. Date. M. Waddington . . i> If V have been 152 152« 153 154 155 156 157 158 159 160 161 I Subject. To M. Waddington Lord Knutaford to Sir T. O'Brien June 22, 1S89 2a, July 9, 18, To Earlof Lytton.. .. Aug. 13, Colonial Office .. ..> 16, Sir T. O'Brien to Lord ; 3, Knutaford To Earl of Lytton Mr. Elliot Colonial OfiBce .. (A) .. (B) To Coloni&l Office. To Earl of Lytton. Sept. 2, 13, Oct. II, 30, 30, Nov. 4, 4, M. Jusserand .. .. | 5, To Earl of Lytton .. 13, [269] Marking of vessels. Takes act of assurances con- taiiieil in No. 143, but requests that more effective measures be taken . . . . . . . . Mr. Shearer's factory. Uenewed de'nand for its suppression, with further assertion of the right of the French to lobster fishing and canning Transmits copy of a Memorandum explaining at length the history and nature of the French rights on the Treaty Shore, and refuting the French contention of their right to exclusive fishery set forth in No. 119 .. Marking of vessels. Asks for copies of any in- structions to the local Customs authorities as to carrying out the provisions of the Merchant Shipping Act, and for a report on the matter . . French Ambassador states that his Government are willing to agree to arbitration on the lobster question. He has been told that as soon as a form of reference was agreed upon by tlie two Governments, the Newfoundland Oovernment I would be asked to give an assurance tliat they 1 would abide by the re.sult of the arbitration . . I Trannnits copies of naval reports received from I the Admiralty. Calls attention to the pro- I ceedings of a French naval officer in raising lobster-traps belonging to British subjects off ! Keppcl Island, and requests that a protest be ad- dressed to the French Government . . i Marking of vessels. Reply to No. 150*. Trans- mits copies of report by Assistant Collector of Customs, and of Notices issued under Merchant Shipping Act .. .. Transmits copies of correspondence inclosed in No. 152, with instructions to call the attention of the French Government to the illegal character of the proceedings of their naval officer Note addressed to French Government in the sense of above instructions More lobster-traps raised by French officers in St. Margaret's Bay. Transmits copies of corre- spondence. Further representation should be I made, with an intimation that compensation will be claimed from the French Government Proposed arrangement as to lobster factories rejected by Colonial Government. Copies of despatches from Governor of Newfoundland. Suggests in- viting the Newfoundland Premier to come to England in order to discuss pending questions . . Address from the Legislative Council and Assembly of Newfoundland, calling upon Her .Majesty's Government to take certain measures for the protection of British interests endangered bv French proceedings. Terms of reply proposed .". Concurs in terms of proposed reply to above Raisinf; of lobster-traps. Substance of No. 155. Further representation to be made to French Government, with an intimation that Her Ma- jesty's Government will have to claim compensa- tion for damages caused by illegal proceedings of Frencli naval olBcera . . , . Lobster-traps raised off Keppel Island. Reply of French Government to note inclosed in No. 154. They uphold and defend proceedings of French Commander , . Marking of vessels. Conversation with M. Jus- serand, French Government do not consider provision of Merchant Shipping Act sufficient. \1. Jusserand informed that Her Majesty's Go- vernment intend consulting the Newfoundland Premier on the subject on his approaching visit to England . , . . , ^ , , Page 247 248 252 262 26.-) 263 278 280 281 982 300 30.1 304 304 307 h2 s« TABLE OV CONTENTS. No. 163 162a 163b 163 164 165 166 167 168 169 170 171 172 173 174 175 ]76 Name. Earl of Lytton Colcaial Office Sir T. O'Brien to Lord Knutgford To M. Waddington Earl of Lytton . To Colonial Office. Sir B. Walker to Vice>Adiiiirnl Watson Colonial Office Vice-Admiral Watson to Ad- miralty Colonial Office To Colonial Office Sir T. O'Brien to Lord Knutsford To Colonial Office Colonial Office ,, ,. Sir T. O'Brien to Lord Knutsford Colonial Office Date. Nor. 16, 1889 22, 25, Dec. 31, Jan. 21, 1890 22, Nov. 1, 1889 Feb. 12, 1890 Dec. 10, 1889 Feb. 14, 1890 15, 4. Mar. 3, 3, Feb. 13, Mar. 5, 8, Subject. Page Lobiter-traps raised in St. Margaret's Bay. Text of note sent to French Government in accordance with instructions in No. 159 .. .. Transmits copy of Colonial Act for consolidating the laws relating to the exportation and sale of bait fishes, which has been assented to by the Goveroor. A full report on this Act has be«n called for . . . . . . . . Transmits copy of a report by the Newfoundland Attorney-General on the necessity and general scope of the amended Bait Act (inclosed in above) . , . . . . . . . . Lobster-traps raised off Keppel Island. Reply to No. 160. Renews protest against proceedings of French Commander. Interference of French man-of-war is tantamount to an assumption of sovereign rights. Her Majesty's Government cannot depart from their previous decision on the general question of lobster fisheries. Mr. Shearer's lobster-pots were in no way interrupting French fishing operations . . . . . . Transmits copy of a report of a debate in the French Senate on the Fishery question Lobster fishery. Proposal made by French Embassy to establish a modtu vivendi for the next fishery season, pending a settlement by arbitration. Incloses sketch of bases of arrange- ment . . . . . . . . • • Report on the bait fishery in St. (ieorge's Bay. Amicable relations between French and British Commanders . . . , . . Telegraphic correspondence with the Governor of Newfoundland respecting the nature of the proposed modus vivtndi .. Transmitting Report by Captain Sir B. Walker on the fisheries, inclosing detailed Report on British and French lobster factories. Urges that some understanding with France on the lobster question before the beginning of the fishing season is necessary to avoid complications, and that stringent orders should be given for the marking of schooners Modus vivendi. Copies of telegrams from the Governor expressing readiness of his Govern- ment to accept it for one season, but the date on which the arrangement as to existing factories is to be based should be changed from the 1st July, 1889, to the Ist January, 1890 Transmits copy of draft modus vivendi amended in above sense. It has been communicated to M. Jusserand .. »• .. .. Confirming and extending telegrams 1 and 2 inclosed in No. 167 Further amended modus virtndi embodying a com- promise between views of the Colony and of the Frencli Government with regard to the date of lobster factories .. .. .. .. Concurs in above proposal .. .. .. Confirming and extending telegrams inclosed in Nos. 167 and 169.. Marking of vessels. Transmits copy of a despatch to Sir T. O'Brien inclosing copies of correspon- dence relating to the wrecking of the steam-ship " Montreal," showing the serious inconvenience arising out of the want of distinctive marks of recognition on fishing-vessels. .Again urges adoption of some legislative measure to remedy this abuse .. .. Modus vivendi. Copy ot u despatch front the Governor reporting on the proceedings at a special meeting of the Executive Council. Trust that an understanding will be arrived at with the French Government that their naval officers will interpret in a liberal spirit the clause re- quiring their assent to the establishment of British lobster factories, where preparations for these have been made since the lit July .. .. 307 308 312 814 315 331 332 343 No. 177 178 179 180 181 < 182 183 184 I 186 > 186 C 187 Ui 344 36'2 35S 354 364 365 856 356 188 1S9 190 191 192 193 194 195 196 197 C( M, Co Ad Col To 859 TABLE Ot 00NTBKT8. zm 308 I 2 inclosed nclosed in . despatch correspon- steam-ship ^nvenieiice marits of ain urges to romedy t'roiu the injja at !il. Trust at with al o£Scers clause re- of British for these No. Name. Date. Subject. Page 177 To M. Waddington Mar. 10, 1890 Modus vivtndi officially ])roposed for ucceptnnce of the French Qovcrnment 360 178 M. Waddington .. 11. Accepts the modus vivtndi on behalf of his Oovern- ment . . . . . . 361 179 To Colonial Office. . 12, Modut vivgndi. Requests that steps be taken for carrying it into execution 362 180 To M. Waddington 13, Acknowledges receipt of No. 1 78. Colonial Office requested to take the necessary steps for carrying the modus vivendi into execution . , 363 181 Colonial Office 17, Telegrams from Sir T, O'Brien recording protest of his Government and of both Houses of Parlia- ment against the terms of the modus vivendi 363 182 It II . • •* 17. Marking of fishing-vessels. Transmits copy of a despatch from Sir T. O'Brien. Suggests instruct- ing the Governor to confer witli Captain Sir B. Walker as to nature of measure to be adopted . . 364 183 II » •• •• 21i Lord Knutsford's reply to No. 181. Modui vivendi docs not prejudice any British or admit any French rights, but is merely provisional arrange- ment for one season, made necessary by con- flicting claims . . . . 365 184 Lord KnuUford to Sir T. O'Brien 21i Resume of negotiations which led to the adoption of the modus vivendi, which, it is hoped, will be loyally acted upon by the people of Newfound- land ' .. 365 185 M. Waddington ,. .. 82, Acknowledges receipt of No. 92. French Govern- ment is taking steps for carrying out the modus vivendi on lier part 367 186 Colonial Office .. 82, As to erection of new French factories \inder the modus vivendi. Telegram from Governor, asking for information on certain points. Proposed reply ., 368 187 Earl of Lytton . . . , 26. Transmits a report of a del)ate in French Senate on the Fisheries question 36S 188 Colonial Office 29i Governor of Newfoundland asks whetlier telegram sent in reply to his inclosed in No. 186 may be communicated to a Committee of both Mouses. Reply sent 376 189 i< II (A) .. Apr. 5, Transmits copies of correspondence with Governor- General of Canada as to right of Canadian lobster packers to carry on their industry on the Treaty Shore 376 190 M. Waddington .. .. 5, Lobster-traps raised in St. Margaret's Bay. Reply to No. 163. French Government consider action of their naval officer justified. When no British man-of-war is on the spot, it is the duty of the French cruizers to enforce the rights of their fishermen .'576 191 Colonial Office (B> .. s, Telegram from Sir T. O'Brien reporting the intro- duction into the Colonial Legislature of a Bill for the repeal of the Act for the suppression of cod- traps, and reply . . 380 192 •1 11 . • • • 9, Bait Act. Telegram from Governor of Newfound- land stating the conditions on which licence for the purchase of bait will be granted this year . . 380 193 II 11 • • • • H. Modus vivendi. Resolutions passed by both Houses of Newfoundland Par lament, and for- warded by Governor. Proposed reply. 381 194 U II 15i Transmits copy of the Governor's speech in opening the Session of the Colonial Legislature 382 19a Admiralty . , . IS, Inquiry as to any special instructions to be given to British naval officers, who have been directed to exercise patience and discretion in carrying out the modus vivendi . 384 19G Colonial Office 18i Telegram from Governor stating that his Govern- ment are ready, under protest, to carry out the modus vivendi if restricted to status quo of the Ist July, 1889 .. liSI 197 To Colonial Office.. 25, Concurs in reply to Governor of Newfoundland proposed in No. 193 .. .. 385 XIT TABLE or CONTENTS. No. Name. Dale. Subject. Page 198 To Colonial Office Apr. 29, 1890 French Government are unable now to amend modus Vivendi in the sense desired by the New- foundland Government, bh explained in No. 196, but are quite! willing to agree that Naval Com- manders should bo instructed to restrict as far as possible permission for new lobster factories after the 1st July, 1889 .. 385 199 Colonial Office (A) May 5. Transmits nn extract from the Report on the New- foundland Blue Hook for 1888, relating to the lobster fishery 385 300 11 11 (B) .. 5, Arbitration question. Telegrams from Governor of Newfoundland stating that public feeling in the Colony is adverse to any reference to arbitra- tion. Proposes to reply that nothing will be done pending consultation with Newfoundland Premier.. 366 201 1 i» • • • • 8, Modus vivendi. Governor of Newfoundland in- formed that it cannot now be modified . . 387 802 Earl of Lytton . . 8. Transmits nn extract from the " Matin " news- paper, in which attention is called to a Procla- mation issued in 1H28 by Admiral Cochrane, recognizing, it is alleged, French exclusive fishery rights . . . . . . . , 387 203 To Colonial Office. . ., 9, Arbitration. Concurs in terms of reply to Sir T. O'Brien proposed in No. 200 389 204 Colonial Office .. ., 9, Bills passed by Colonial Legislature for the repeal of the Act suppressing the use of cod-traps. Go- vernor of Newfoundland instructed to reserve these Bills 389 205 To Colonial Office.. 12, Transmits copy of No. 202, and asks for a copy of Admiral Cochrane's Proclamation of 1828 392 206 T/(rd Stanley of Preston to Lord Knutnford Apr. 28, Desire of Canada to remonstrate against restric- tions on British ships, owned or sailed by British subjects in Canada, under Newfoundland Bait Act .. 392 207 Colonial Office .. May 12. Transmits copies of correspondence respecting the action of the Newfoundland Government in com- pelling Canadian fishermen to pay for licences under the Bait Act 393 208 Earl of Lytton .. J ' 1 -■. ... 16, Transmits an article from the " Matin " news- paper, by M. Lemoinne, on the Fisheries question.. 399 209 » 1) •• •* 17, Report of an interpellation in the Senate on the Newfoundland fisheries 401 210 Colonial Office .. 24, Transmits copy of Admiral Cochrane's Proclamation of 1 828. It does not contain the alleged recog- nition of French exclusive fishery rights Raising of lobster-traps in St. Margaret's Bay. 432 211 To M. Jusserand . . 29, Reply to No. 190. Her Majesty's Uovernmeiit cannot jidmit the contention that French naval . officers can have a right to interfere with British t fishermen in the territorial waters of a British Colony . . . . «, 423 212 Lord Knutaford to Lord Stan- ley of Preston June 3, Canadian remonstrance against Newfoundland Beit Act. lU'Pcipt of No. 20G. Refers to tele- graphic correspondence in No. 207 424 213 Lord Stanley of Preiton to May 31, Ditto. Approved Minute of Council, with report Lord Kniitsford of Minister of Marine and I'isheriGS . . , , 424 214 Colonial Office . . . , June 14, Sir W. Whiteway will leave for England about 25th June. Copies of telegraphic correspondence with the Governor 428 ■m Sir, ■1 (Correspondence respecting the Newfoundland Fisheries : 1884-90. enate on the No. I. The Earl of Derby to Governor Sir J. Glover, Sir, Downing Street, June 12, 1884. IN my despatch of the 18th December last* I informed the Officer administering the Government of Newfoundland of the appointment of Mr. Clare Ford, C.B., C.M.G., and Mr. E. B. Pennell as British Commissioners on the Commission to meet in Paris in connection with the Newfoundland Fisheries question. These gentlemen, representing Her Majesty's Government, and M. Jagerschmidt and Captain Bigrel, acting on behalf of the Government of the French Republic, met in Paris on the 23rd January last, and the labours of the Commission were concluded at a meeting held on the 26th April, when an Arrangement was signed by the Commissioners. I have now the honour to transmit to you a copy of that Arrangement, together with two inclosures accompanying it, which consist of a statement and Map referred to in Article II. You will observe that the Arrangement has been entered into subject to the approval of the Governments of Great Britain and France; and Her Majesty's Government will not intimate their approval until the Colonial Government and Legislature have had an opportunity of studying its provisions, and of considering the great advantages which it affords for a settlement of the long outstanding and difficult question of the fisheries. Before proceeding to explain the details of the present Arrangement, it may be convenient to recapitulate the provisions of the Treaties bearing upon the question. They are as follows : — By Article XIII of the Treaty of Utreclit, 1 7 1 3, it was agreed that " The island called Newfoundland, with the adjacent islands, shall, from this time forward, belong of right wholly to Britain, and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, shall be yielded and given up within seven months from the exchange of the ratifications of this Treaty, or sooner if possible, by the Most Christian King to those who have a commission from the Queen of Great Britain for that purpose. Nor shall the Most Christian King, his heirs and successors, or any of their subjects, at any time hereafter lay claim to any right to the said island and islands, or to any part of it or them. Moreover, it shall not be lawful for the subjects of France to fortify any place in the said Island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish, or to resort to the said island beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France to catch fish, and to dry them on land in that part only, and in no other besides that, of the said Island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the River St. Lawrence and in the gulf of the same name, sha. l2Qd] Not printed. 2 I 1' hereafter belong of right to the French, and the Most Christian King shall have all manner of liberty to fortify any place or places there."* And by Article V of the Treaty of Paris, 1763, that "The subjects of France shall have the liberty of fishing and dryin;;, on a part of the coasts of the Island of Newfound- land, such as it is specified in Article XIII of the Treaty of Utrecht, which Article is renewed and confirmed by the present Treaty (except what relates to the Island of Cape Breton, as well as to the other islands and coasts in the mouth and in the (iulf of St. Lawrence) ; and His Britannic Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the Gulf of St. Lawrence on condition that the Subjects of France do not exercise the said fishery but at the distance of 3 leagues from all the coasts belonging to Great Britain, as well .those of the continent as those of the islands situated in the said Gulf of St. Lawrence. And as to what relates to the fishery on the coast of the Island of Cape Breton, out of the said gulf, the subjects of the Most Christian King shall not be permitted to exercise the said fishery but at the distance of 15 leagues from the coast of the Island of Cape Breton ; and the fishery on the coast of Nova Scotia or Acadia, and everywhere else out of the said gulf, shall remain on the foot of former Treaties." And by Article VI of the same Treaty, "The King of Great Britain cedes the Islands of St. Pierre and Miquclon in full right to His Most Christian Majesty, to serve as a shelter to the French fishermen ; and His said Most Christian Majesty engages not to fortify the said islands ; to erect no buildings upon them but merely for the convenience of the fishery ; and to keep upon them a guard of fifty men only for the police." And by Article IV of the Treaty of Versailles, 1 783, that " His Majesty the King of Great Britain is maintained in his right to the Island of Newfoundland and to the adjacent islands, as the whole were assured to him by the Xlllth Article of the Treaty of Utrecht, excepting the Islands of St. Pierre and Miquclon, which are ceded in full right by the present Treaty to His Most Christian Majesty." And by Article V of the said last-named Treaty, that " His Majesty the Most Christian King, in order to prevent the quan-els which have hitherto arisen between the two nations of England and France, consents to renounce the right of fishing, which belongs to him in virtue of the aforesaid Article of the Treaty of Utrecht, from Cape Bonavista to Cape St. John, situated on the eastern coast of Newfoundland, in 50° north latitude ; and His Majesty the King of Great Britain consents, on his part, that the fishery assigned to the subjects of His Most Christian Majesty, beginning at the said Cape St. John, passing to the north and descending by the western coast of the Island of Newfoundland, shall extend to the place called Cape RJay, situated in 47° 50' latitude. The French fishermen shall enjoy the fishery which is assigned to them by the Treaty of Utrecht." And by Article VI of the said last-named Treaty, that, " With regard to the fishery in the Gulf of St. Lawrence, the French shall continue to exercise it conformably to the Vth Article of the Treaty of Paris." • " Xlil. Insula, Terra-Nova dicta, untl cum Insulis adjacentibus, Juris Britannici ex nunc in posterum omnino »rit ; eumque in finem Placentia Urb« &- Fortalitiuni, & si quai alia I.oea in dictu Insula per Gallos possessa sint, per liegem Christianisaimum, Commissiunem ra in parte .1 Ite^ind Magiui- Britannia habcntibus, intra septem menses d commutatis liujus Tractatus Ratihabitioniim Tabnlis, aut ritiiis si fiiTi potest, cedentiir & tradentur ; neque aliquid Juris ad dictam Insulani & Insulas ullainvo iillus aut eariindem partem, Rex Chria- tianmimua, Hseredes ejus, & Sucessores, .tut Subditi aliqui, ullo dc hinc tompurc in posterum sibi vindicabunt. Quinetiitm nee Locum aliquem in dicta Insula dc Terra-Nord munirc, nee ulla ibidem yEdificia, praster Contabula- tiones, & Tuguriola, I'iscibus siccandis necessaria & consucta construere, nequc dictam Insulam, ultra tempus Piscationibus & Piscibus siccandis necessarium, frequeutaru subditis Gallicis licitum erit. In ei\ aut^m tantum- modo, nee ulljl aliti dictae Insults de Terra-Nova parte, quk la France, avec I'entidre faculty au Roi Tret Chretien A'j fortifier une ou pluiieuri places." inve all manner )f France shall I of Newfound- ticle is renewed ' Cape Breton, St. Lawrence) ; istian King the ;s of France do oasts belonging situated in the lie coast of the itian King shall 5 leagues from af Nova Scotia foot of former zdcs the Islands y, to serve as a engages not to ! convenience of sty the King of to the adjacent 3aty of Utrecht, ill right by the Most Christian the two nations : belongs to him )navista to Cape ^itudc ; and His assigned to the lassing to the iiall extend to men shall enjoy the (isheryin brmably to the nunc in posterum InsuUi per Galloa ilannia habcntibus, potost, cedentiir & larlem, Rex Chris- im sibi vindicabunt. , prajter Contabula- ilani, ultra tetnpus c;\ nut^m tantum- usque ad cxtreini- usque ad Locum, xsiccare perinissum mtii, quam in Sinu lunicndi facultatem 1 Grande-Bretagne, ys lu, dans I'espace peut, la Ville et le sani que Ic dit Roi pretendre quoique II ne Icur sera }ue, si ce n'est des ians d'autres terns, ! poisson en aucune a dite ile, et de lii t toutes les autres ir 4 la France, avec And by a Declaration of His Britannic Majesty, dated the 3rd day of September, 1783,* it was declared that "The King, having entirely agreed with His Most Christian Majesty upon the Articles of the Definitive Treaty, will seek every means wliich shall not only insure the execution thereof, with his accustomed good faith and punctuality, but will besides give, on his part, all possible efficacy to the principles which shall prevent, even the least foundation of dispute for the future. " To this end, and in order that the fishermen of the two nations may not give cause for daily quarrels. His Britannic Majesty will take the most positive measures for preventing his subjects from interrupting in any manner, by their competition, the fishery of the French during the temporaiy exercise of it which is granted to them upon the coasts of the Island of Newfoundland ; and he will, for this purpose, cause the fixed settlements which shall be formed there to be removed. His Britannic Majesty will give orders that the French fishermen be not incommoded in cutting the wood necessary for the repair of their scaffolds, huts, and fishing-vessels. " The Xlllth Article of the Treaty of Utrecht, and the method of carrying on the fishery, which has at all times been acknowledged, shall be the plan upon which the fishery shall be carried on there ; it shall not be deviated from by either party ; the French fishermen building only their scaffolds, confining themselves to the repair of their fishing- vessels, and not wintering there ; the subjects of His Britannic Majesty, on their part, not molesting in any manner the French fishermen during their fishing nor injuring their scaffolds during their absence. " The King of Great Britain, in ceding the Islands of St. Pierre and Miquelon to France, regards them as ceded for the purpose of serving as a real shelter to the French fishermen, and in full confidence that these possessions will not become an object of jealousy between the two nations, and that the fishery between the said islands, and that of Newfoundland shall be limited to the middle of the channel." And by a Counter-Declaration of His Most Gracious Majesty the King of France, dated the 3rd day of September, 1783,t it was declared that " The principles which have guided the King in the whole course of the negotiations which preceded the re-establishment of peace must have convinced the King of Great Britain that His Majesty has had no other design than to render it solid and lasting, by preventing as much as possible, in the four quarters of the world, every subject of discussion and quarrel, *' The King of Great Britain undoubtedly places too much confidence in the upright- ness of His Majesty's intentions not to rely upon his constant attention to prevent the Islands of St. Pierre and Miquelon from becoming an object of jealousy between the two nations. * " Le Roi etant cntierement d'accord avec Sa Majeste Tres Chrtitiennc sur les Articles du Traite D^finitif, chcrchera tous les moynns qui pourront non seulenient en assurer I'ex^cution, avec la bonne foi et la ponctualite qui lui sont connues, mais de plus donnera, de son cote, toute I'eflicice possible aux principes qui empecheront jusqu'au moindre germe de dispute a I'avenir. " A cette fin, ct pour que les pticheurs des deux nations ne fassent point nattre dcs querelles journalidres, Sa Majeste Britannique prendra les mesures les plus positives pour prevcnir que ses sujcts ne troublent, en aucune maniere, par leur concurrence, la peche des Francois, pendant I'exercice temporairc qui leur est accorde, sur les cfltes de I'lle de Terre-Neuve ; et elle fcra letirer, il cct effet, les utablissemens scdentaires qui y seront formes, ba Majeste Britannique donnera des urdres pour que les pecheurs Fran(,'oi3 ne soient pas genes dans la coupe de bois nucessaire pour la reparation de leurs £chaffaud,-iges, cabanes, et bfttinicns de peche. " L'Articlc XIII du I'raitG d'Utrecht, et la roethode de fuire la pcchc qui a utc de tout terns reconnue, sera le modele sur lequel la pCche s'y fera. On n'y coutrevieiidra pas, ni d'une part ni de I'autre; les pechcurs Francois ne biitissant rien que leurs 6chafrauda(;es, sc bornant a rc^parer lours batimens de pvche, et n'y hivernant point; les sujets de Sa Majest6 Britannique, dc leur part, ne molestant aucuncment les pechcurs Francois durant leurs pSches, ni ne deraugcant leurs cchaffaudagcs durant leur absence. " Le Roi dc la Grande-Bretagne, en cWant les lies de S:iint-l'ierre ct de Miquelon iX la France, les regarde comme cudCes 4 fin de servir roellcnipnt d'abri aiix pecliLMus l'"ran9oi9, et dans la confiance cntiere que ces possessions ne deviendront point uu objet de jalousie tntie les deux nations i et que la pcche entre les dites lies, et celle de Terre-Neuve, sera bornt'e a nii-eanal." f "Les principes qui ont dirigu le Roi, dans tout le cours des neifociations qui ont precede le retablissement de la Paix, ont dit convaincre le Roi do la Grande-Bretagne, que Sa Majeste n'a cu d'autre but que de la rendre solide et durable, en prcvenaut, antjnt qu'il est possible, dans los quatre parties du monde, tout sujet de discussion et de querelle. Le Roi de la Grando-Biotagno met iurtnbitablement trop de confiance dans la droiture des inten- tions de Sa Majeste, pour ne point so reposer sur I'attontiou constante qu'ellc aura d'cmpCcher que les lies St, Pierre ct Miquelon ne devienncut uu objet do j.ilousio entro les deux nations. " Quant ii la pcche sur les c6tc» de Terre-Neuve, qui a kid I'objet des nouveaux arrangements dont les deux Souverains sont oonvenus siir cette niaiicre, elle est sufflsamment exprimee par I' Article V du Traite de Paix signi ce jnurd'hui, et par la Declaration remise egalement aujourd'hui par I'Ambassadeur Extraordinaire et Pl£nipoten- tiaire de Sa Majeste Britannique; et Sa Majestu declare qu'ellc est pleinement satisfaite ^ cet egard. " Pour ce qui est de la pCche entre I'Ue de Terre-Neuve ct cclles de St. Pierre et Miquelon, elle ne pourra se faire, de part et d'autre, que jusqu'il mi-canal, et Sa Majesty donnbra les ordres le plus precis, pour que les p^cheurs Francois u'outrepassent point cette ligne, Sa Majest6 est dans la ferme oonfiancc que le Roi de la Grande-Bretagne donnera de pareils ordres aux prehears Anglois," [269] B 2 " As to the fislicry on the coasts of Newfoundland, which has heen the object of the new arrangements settled by the two Sovereigns upon this matter, it is sufficiently ascertained by the Vth Article of the Treaty of Peace sir^ned this day, and by the Declaration likewise delivered to-day by His Britannic Majesty's Ambassador Kxtra- ordinary and Plenipotentiary ; and His Majesty declares that he is fully satisfied on this head. " In regard to the fishery between the Island of Newfoundland and those of St. Pierre and Miquelon, it is not to be carried on by either party but to the middle of the channel ; and His Majesty will give the most positive orders that the French fishermen shall not go beyond this line. His Majesty is firmly persuaded that the King of Great Britain will give like orders to the English fishermen." And by further Treaties between the said Great ('ontracting Parties, viz., by Article VIII of the Treaty of Paris, 1814, it was agreed that " His Britannic Majesty, stipulating for himself and his allies, engages to restore to His Most Christian Majesty, within the term which shall be hereafter fixed, the Colonics, fisheries, factories, and establishments of every kind which were possessed by France on the 1st January, 1792, in the seas, on the Continents of America, Africa, and Asia, with exception, however, of the Islands of Tobago and St. Lucia, and the Isle of France and its dependencies, especially Rodrigues and the Seychelles, which several Colonies and possessions His Most Christian Majesty cedes in full right and sovereignty to His Britannic Majesty, and also the portion of St. Domingo ceded to France by the Treaty of Basle, and which His Most Christian Majesty restores in full right and sovereignty to His Catholic Majesty." And by Article XIII of the said last-named Treaty, that "The French right of fishery upon the Great Bank of Newfoundland upon the coasts of the island of tliat name, and of the adjacent islands in the Gulf of St. Lawrence, shall be replaced upon the footing in which it stood in 1 792." And by Article XI of the Treaty of Paris, 1815, that the Treaty of Paris of the 30th May, 1814, and the Final Act of the Congress of Vienna of the 9th June, 1815, are confirmed, and shall be maintained in all such of their enactments which shall not have been modified by the Articles of the present Treaty." Under the provisions of these Treaties the French have hitherto maintained that they enjoy— 1. An exclusive right of fishery on that portion of the coast of Newfoundland between Cape St. John and Cape Ray, passing round by the north of the island. 2. That all British fixed settlements, of whatever nature, on that portion of the coast are contrary to Treaty. The British Government, on the other hand, have maintained — 1. That British subjects have a right to fish concurrently with the French, so long as they do not interrupt the latter. 2. That the undertaking in the Declaration of 1783, to cause the removal of fixed settlements, referred only to fixed fishing settlements, and that fixed settlements of any other kind are not contrary to the Declaration. French fishermen have, moreover, been in the habit of fishing the rivers, and of barring them with nets or weirs, interrupting the free circulation of salmon, and thereby causing great injury to the salmon fishery. The British Government, however, have always maintained that the French have no right to the fisheries in rivers. The Government of France each year during the fishing season employ ships of war to superintend tiie fishery exercised by their countrytnen, and in consequence of the divergent views entertained by the two Governments respectively as to the interpretation to be placed upon the Treaties, questions of jurisdiction, which might at any moment have become serious, have repeatedly arisen. Such being the provisions of the Treaties, and the construction placed upon them by the Governments and subjects of the two countries, practical difficulties have naturally occurred, and it has become of urgent importance that they should be removed. The colonists have for some years past been desirous of developing the resources of their country as regards mines, agriculture, and other industries, but have constantly been met witli the objections of the French Government to their doing so, and the development of the Colony on that part of the coast of Newfoundland where the French enjoy Treaty rights has been practically at a standstill, although rich mines are known to exist there, and the agricultural capabilities of the Colony are undoubtedly most valuable. Your Government are aware that the present Commission is the eighth which has been appointed since the year 1846 for a settlement of the Newfoundland Fishery question, and it may be useful here to recapitulate briefly the various terms which have ;ncli, so long ns Freiicli have no been proposed in the previous negotiations as a basis of settlement, in order to show distinctly how much more favourable to the Colony is the present arrangement as compared with the terms proposed on any previous occasion. In the year 1844 the French Government proposed negotiations to be held in London, and previous to opening them it was determined to appoint a British and French Commissioner in Newfoundland to report upon the question. Captain Fabvre, Commander of the French Naval Station, and Mr. Thomas, President of the Chamber of Commerce at Newfoundland, were, in consequence, appointed by their respective Governments. On the 30th July, 1844, Mr. Thomas made his Report to the Governor. In this Report he suggested, with regard to the French claim of "exclusive rights," that the respective fisheroicn of both nations should be kept separate and distinct in their fishing places. He also suggested the extension of the French fishery limits to Belle Isle North, and made suggestions with regard to the sale of bait to French fishermen. This Report resulted in negotiations being held in Paris in the month of March 1846. The British Commissioner, Sir A. Perrier, was authorized to offer, in exchange for the French cession of all rights between Cape Ray and Bonne Bay, the fallowing con« cessions : — Admission of exclusive right of fishery from Bonne Bay to Cape St. John, going round by the north. Exclusive right of French fishery, drying, and curing at Belle Isle North. Permission for English fishermen to sell bait at St. Pierre. At preliminary Conferences held in Newfoundland these measures had nearly been agreed to by Mr. Thomas and Captain Fabvre ; but Captain Fabvre was desirous pX retaining for France, in addition to the exclusive rights above mentioned, her rights of fishing, curing fish, &c., at Cod Roy, Red Island, Port-A-Port, and Lark Harbour, and to acquire for the French a "concurrent " right of fishery on the coast of Labrador. The instructions, however, to the French Commissioner did not admit of his negotiating on the above-mentioned principles, and as no new propositions were brought forward by the French Government up to the month of May 1847, the negotiations fell through. On the application of the French Government in 1851 negotiations were renewed, Sir A. Perrier being again directed to proceed to Paris to act as British Commissioner, M. de Bon being appointed on the part of France. The British Commissioner was instructed to invite proposals from the French Com* missioner such as might form a starting-point in the negotiations. M. de Bon accordingly proposed, on the part of France, to admit the right of British subjects to inhabit the Bay of St. George, or, in other terms, to give up the exclusive right of fishery in that bay, to which they considered themselves entitled by the Treaty of 1783. In return for this concession he demanded — 1. The right to purchase and fish for bait (herring and capelin) on the south coast of Newfoundland, without restriction. 2. The right to fish during two months of the year (without curing or drying on shore) on that part of the coast of liabrador situated between the Isles Vertes and the Isles St. Modeste, both included ; and 3. The right of fishery at Belle Isle North, in the Straits, which the French Commis- sioner asserted was enjoyed by the French up to 1841, without any demur on the part of Great Britain. The concessions demanded by the French negotiator were not considered admissible, and the British Commissioner, in order to overcome the difficulties arising out of the claim of Great Britain to a concurrent right of fishery, suggested that the question would be best settled if the rights of the fishermen of the two nations were kept separate and distinct. In order to carry out this suggestion, he proposed that the French rights should be made exclusive as against British subjects from Cape St. John to some point on the western coast, such as Cape Verte (Green Point, to the north of Bonne Bay) ; the French, on the other hand, to renounce their right altogether on the remainder of the const, which would hv that pnrt where the British had been in the habit of carrying on the herring fishery iinii other fisheries incidental to the requirements of a fixed population. The Fi'onch negotiator ottered no objection to the plan of the French on a diminished extent of coast ; but he contended for the retention of a "concurrent right'' on tliat portion of the coast on which their exclusive claim might be renounced, and for other advantages as well, sucii as admission, concurrently with " exclusive right' "concurrent 6 British flahermen, to the finhericA of Labrador and North Iklle Isle, and to the " bait fishory " on tho soutlicrn coast, all of which, lio maintained, were necessary, as an cquiva- lent for admitting British subjects to n free " concurrent riglit " on tho lower portion of the western const. The British Commissioner was dispoHod to accept tho demands of the French so far as to extend the French fishory to North Belle Isle, and also to remove all restnctions on tho purchase of " bait," on condition that the Fronoh should ontirely renounce their rights between Capo Vertc and Cape Kay ; and in June 1855 he forwarded to tho Foreign Office the above suggestions in the form of n counter-proposal to those which had been made by France. Mr. Labouchere, Her Majesty's Secretary of State for the Colonies, concurred in the adoption of tho British negotiator's project of a " compromise " as the basis of negotiation to be offered to the French Oovernmont. It corresponded, he believed, with the views of the Colonial authorities ; deprived neither nation of any advantage of real value ; and there would only be a reciprocal abandonment of barren rights and useless or nominal restrictions ; and he prepared a draft Treaty which might be substituted for the whole of the existing engagements on the Newfoundland Fisheries question. The negotiations were continued in the year 185G by Captain Pigeard, who arrived in London in the month of July of that year, and by Mr. Merivale, the Under-Secretary of State for the Colonies. The basis of these negotiations was founded upon the counter* Sroposals made by Sir A. Perricr, and also ujjon the draft of the Treaty proposed by Ir. Labouchere. The negotiations finally terminated by the signature of a Convention in London on the 14th January, 1857. According to the stipulations of this Convention,* a printed copy of which is annexed, an exclusive right of fishery and the use of tho strand for fishery j)urpose3 was conceded to the French from Cape St. John, on the east coast of Newfoundland, to the Quirpon Islands, and from the Quirpon Islands, on the north coast, to Cape Norman, on the west coast, in and upon tlie following five fishery harbours, namely, Port-au-Choix, Small Harbour, Poit-il-Port, Red Island, and Cod Roy Island, to extend, as regarded these five harbours, to a radius of 3 marine miles in all directions from the centre of each such harbour. On other parts of tho west coast (tlie five harbours excepted) British subjects were to enjoy a " concurrent " right of fishing witii French subjects, but French subjects were to have the exclusive use of the strand for fishery purposes from Cape Norman to Rock Point, in the Bay of Islands, north of the River Ilumbcr, in addition to the strand of the reserved harbours. A " concurrent " right of fishing was also granted to French subjects on the coast of Labrador, from Blanc Sablon to Cape Charles, and of North Belle Isle. With regard to the question of fixed establishments, the Convention of 1857 stipu- latcd that no British buildings or inclosures shoidd be erected or maintained on the strand reserved for French exclusive use. It was provided, however, that buildings which had stood for five successive seasons previous to the date of the Convention, without objection on the part of the French Government, should not be liable to removal without equitable compensation to the owners from the French Government. By the Convention a limited right of jurisdiction was conceded to the French, and French naval officers were to have the power to enforce the French exclusive rights of fishing by the expulsion of vessels or boats attempting concurrent fishing, in the case of there being no British cruizing vessel in sight or made known to be present within a distance of 5 marine miles. French naval officers were likewise entitled to take such measures as occasion might require to put French fishermen in possession of any portion of the strand of which tlieir exclusive use for fishery purposes was recognized by the Convention. It will thus be seen that, according to the terms of the Convention of 1857, France would have obtained an exclusive right of fishery on the northern extremity and north- eastern coast of Newfoundland, and also on five points on the western coast of the island. This Convention did not come into force owing to tho objections raised by the Government of Newfoundland. In the year 1859 a Mixed Commission, composed, on the part of Great Britain, of Captain Dunlop and Mr. Kent (Colonial Secretary in Newfoundland), and, on the part of France, of M. de Montaignac de Chauvance and M. do Gobineau, was appointed to verify facts connected with the infraction of the Treaties ; and at the close of that year the Commissioners furnished their Report, accompanied by recommendations which led to the reopening of negotiations in 1860. * CoDvantion of 1857. Frencl (Incloi of Art 1 to the "bait r, aa an cquiva- Dwer portion of 3 French so far reHtrictiona on nee their rights Foreign Office been niado by ncurred in the ; of negotiation ith the views of sat value; and ess or nominal or the whole of who arrived in Icr-Secretary of }n the counter* y proposed by Convention in lich is annexed, s was conceded to the Quirpon n, on the west i-Clioix, Small regarded these e of each such [British subjects ^rcnch subjects ape Norman to :o the strand of on the coast of of 1857 stipu. 1 on tiie strand ngs which had lout objection lout equitable ition a limited were to have of vessels or cruizing vessel French naval require to put exclusive use 1857, France lity and north- coast of the raised by the ■eat Britain, of on the part of inted to verify that year the lich led to the 1 The terms of a ConTontion, and of Joint Instructions to be given to the Dritiih and French naval officers on the Newfoundland Station, were then agreed on, and are incloiod (Inclosuro 9*), but the negotiations fell through, mainly in consequence of the wording of Articles 4 and 15 of the Joint Instructions. The 4th Article related to the punishment of offenders in tishery disputes, and the 16th Article had reference to the removal of such buildings on the French Shore as might interfere with the French fishery, with regard to which it was found impossible to reconcile the conflicting views. It may be useful to quote tn extenso the latter Article, as the use of one word in it contributed more than anything else to the failure of the negotiations. It was to the following effect in the French version :— "Toute construction qui sera clevdo k I'avenir sans le conscntement dc la Commission des P^cheries sera cnlev^e par I'ordro du Commissaire Britanniquu et sans indemnity, dans un d6\&i de six mois de la notification qui en sera faite, si la place occup^e par la dite construction est reqnise pour les besoins de la pOcho Fran(;aisc." It was proposed to substitute the words : " faite par la Commission (jue la place occupde par la dite construction est n^cessaire pour les besoins de la p^che Fran^aisc." This alteration was proposed by the British Government in order to make the erections removable, not on a requisition from the French Government or its officer, but on notice from a Commission of which a British officer was a member. To this altera- tion the French Government objected on grounds with which it was difficult to deal, because they proceeded from an acknowledged difference of view between the two Governments. The British Government would, however, have been willing subsequently to waive their objections with regard to the wording of the 4th and I bi\\ Articles of the stipulations which were framed in 1860, and to accept the arrangement with some trifling modifications ; but on tlie matter being referred to the French Government the proposal was rejected, nor did the French Government give any reasons for their refusal to accept it. In the month of October 1874 negotiations were again renewed with the French Government, Captain (afterwards Admiral) Miller being appointed on the part of Her Majesty's Government, and Captain dc Boissoudy on that of France, and were continued, with various interruptions, during the course of the years 1876 and 187G, and, as you are aware, were not productive of any settlement. In the course of these negotiations Her Majesty's Government received the assistance of Sir F. Carter, Premier of Newfoundland, who was in England at the time. The arrangement which was originally contemplated on this occasion was founded on Resolutions, dated the 23rd April, 1874, adopted by the Newfoundland House of Assembly, and concurred in by the Legislative Council, and it embraced the following stipulations : — 1. The establishment of a Joint Naval Commission to take cognizance only of such matters as related to the fisheries ; and in case of disagreement, reference to be made to the respective Governments ; all other questions to be dealt with by competent authorities. 2. That the existing British settlements in St. George's Bay, Cod Roy, and Bay of Islands, Bonne Bay, and Wiiite Bay should remain undisturbed, and no interruption to be made by the French to fishing by the British in those bays, nor interference with their buildings and inclosures there, nor with any erections or buildings on any part of the coast where the Frencii enjoy a temporary right of fishery which did not actually interfere with the fishery privileges of the French, as should be determined by the Commissioners; nor were Britisli subjects to be molested in fishing on any part where they did not actually interrupt the French by their competition. 3. That no building or inclosure which had been erected for five years should be removed as interfering with the French fishery privileges without compensation to be determined on by the Commissioners ; but no compensation to be payable for any such building or inclosure hereafter erected without the consent of the Commissioners. 4. That the Commissioners should determine the limit or boundary-line to which the French might prosecute their fishery, the British having the exclusive right of salmon and all other fishing in rivers. 5. That the breadth of strand of whicli the French should have the right of temporary use for fishery purposes should be defined ; thus removing objections to grants of land for all purposes beyond the boundary so to be defined, and within the same for mining purposes ; right being reserved to the British Government to erect on such strand works of a military or other public character, and to the British subjects for wharves and buildings necessary * Proposed ConveDtion of 1860, with Joint Initructioni. for mining, trading;, and otiicr purpofic8 apart from the tiHhcry in placen Hclectcd with pcrmisHion of Coniniissioncrs. It WBH further recoiniiicndcd that tho Colonial Legislature should stato tu I lor Majcsty'H (lovernmeiit tiiat they were nut prepared to agree to any eonccRiions to tho Government of France which would convoy to the French rights of fishery which they did not at present poHsesu under existing Treaties; hut that they would recommend tho Legislature to con.sent that the valuable and important right to purchase bait, both herring and capelin, on the southern coast, should be conceded to tho French at such times Hs British subjects might lawfully take the same upon terms which wore to be agreed upon. During the course of the negotiations which took place certain modilications of tho above terms were introduced, which it is unnecessary to dwell upon here, inasmuch as the negotiations came to no result ; but the above extracts have been quoted in order to show the nature of the arrangement which at that time was considered by the Oovornment of Newfoundland us offering u satisfactory settlement of the Fisheries question ; and it is obvious that had un arrangement been entered into at that period on the above-(|uotcd bases, it would have been far less advantageous to tho interests of the Colony than tho one which has now been signed by tho British and French Commissioners in Paris. A period of five years now elapsed before fresh negotiations, by means of a Joint Commission, took place. In the year 1881 a Commission was appointed. Admiral Millor being again the British Commissioner, and Admiral Pierre being named on tho part of Franco. During the negotiations Sir William VVhitcway was in London, and was constantly consulted by Her Majesty's Government as the negotiations proceeded. Draft Articles were drawn up by the Britisli Commissioner, with the concurrence of Sir William Whiteway, which it was hoped would offer to the French Government a satisfactory basis for discussion, and lead to an agreement being arrived at between tho Commissioners of the two respective countries for a settlement of the question. Tho basis of this Arrangement consisted in the appointment of a Commission, to be called a Commission of Demarcation, whose duty it would be to define and allot certain parts of tho strand on which the French miijht exercise the rights conceded to them by Treaty, and the remainder of the coast to be released from Treaty stipulations; and it was contemplated to allot not more than one-half of anyone harbour for the purpose of French use, and the amount of the strand inland was not to extend to a greater distance than one-third of a mile from high-water mark. Moreover, in the allotments for French use there was to bo reserved in each case to the British Government a sufficient space for the erection of wharves, &c., and other public works or buildings, which, however, were not to bo erected without previous consent on the part of the French Government. It was further contemplated that all establishments or settlements existing at the time, British or French, were, under certain provisos, to remain undisturbed. In addition to the appointment of a Commission of Demarcation, a Mixed Commission was to be appointed, which was to be named the Fishery Commission, and was to act in conformity with Joint Instructions based on the Articl'js of the Agreement. The duty of the Fishery Commission wiis to sec that neither British nor French fishermen were interrupted in their fishing operations. The Fishery Commission was to have power to punish any person contravening its orders or decisions, either by means of fines or seizure of property. The French were to be allowed to leave their boats, &e., during the winter months, and to erect dwelling-houses for their guardians, who might be either French or British. The French were to be allowed to purchase bait, both herring and capelin, on bbore or at sea, on the southern coast of Newfoundland, at such times as British subjects might lawfully take the same, free from all duty or restriction not equally imposed on British subjects. The French Commissioner, on being made acquainted with the substance of the drafl Articles, reported at a meeting of the Commission that the French Government were unable to accept the arritngement embodied in them, stating that the principle of British and French occupying the same harbours and fishing-grounds could never be entertained. It is not necessary to enter further on these negotiations, ns they did not result in any agreement being come to. On comparing the provisions of the various proposals enumerated above with those embodied in the present Arrangement, the advantages to the Colony offered by the latter will at once be seen. H Hclcctcd with 1 was constantly sting at the time. tish nor French contravening its Tlio rcHult nndei' its provisions will he— 1. That (i\i'(l BittlumcntH of every description will be allowed on the very extended portions of the coast \^hich ore tinted in red on the Map, with the exception of fishing establishments which Iler Majesty's Oovernment have never contended to be permissible under the Treaties. 2. That the claim of the Frencli to an exclusive right of fishery will be withdrawn, ai the Avraiigi'inent rcco.nnizos th« concurrent riji;ht of Mritish fishermen to fish everywhere on the coost between Cape St. John and Cape Ray, under the condition of not interfering with or molesting French lishcrmcn when in the excrciHc of their fishing industry. 3. That the claim of the French to the right of tishin;.; in rivers, except at the mouths, as far as the water remains suit, is withdrawn, und the practice of barring the rivers is prohibited. 4. That all fixed settlements, fisherv or otherwise, at present existing within the limits of that portion of the coast over which the French enjoy Treaty rights, will not be disturbed. In previous negotiations the subject of fixed establishments received the earnest consideration nt' llii; British negotiators, and it was, on more than one occasion, contem* plated to ap|>oint Mixed Commissions to assess the amount of compensation which should DC paid to the owners of property whose buildings were to bo removed. However desirable such a course might have been, great difiiculty would probably have been experienced in carrying it into effect, and it might have given rise to many vexotious and complicated (picstions. No such inconvenience can result under the very satisfactory provision of the present Arrangement dealing with this branch of the subject. In return for the advantages to the Colony above enumerated, Her Majesty's Govern* ment would, under the present Arrangement, recognize little nmre than the de facto state of things existing as regards the acts of authority exercised every fishing season by the French cruiiers in the waters <.ver which the French Treaty rights extend, and the exercise of these acts on the pint of French cruizers would only take place in cases of infraction of the very reasonable provisions of this Arrangement, and then only in the absence of any of Her Majesty's cruizers. I may here observe that a Convention,* a copy of which is inclosed, was signed in 1881 at the Hague by the Representatives of eertnm Maritime Powers for the regulation of the fisheries in the North Sea. This Convention contains very useful provisions for the orderly prosecution of the fisheries in common by fishermen of different notionalities, and some of its provisions have been considered applicable to the case of the Newfoundland fisheries. The stipulations of the North Sea Convention no doubt apply to waters which are not territoiial, still the peculiar fisheries rights granted by Treaties to the French in Newfoundland invest those waters during the months of the year when fishing is carried on in them both by English and French fishermen with a character somewhat analogous to that of a common sea for the purposes of fishery. It could not be expected that the French would give up in favour of the development of the Colony the interpretation they place on the Treaties, without obtaining in return some equivalent by which they will in the future be better able tu secure for their fishermen the full enjoyment of their fishing industry, and it appears to Her Majesty's Government that little inconvenience is likely to result from the exercise of the limited right accorded to French cruizers by the present Arrangement. The French Government have invariably maintained that the establishment of a fixed population on any portions of the coast on which they enjoy Treaty rights must result m their ultimate exclusion from those spots, through French fishermen being virtually debarred from enjoying the free and uninterrupted exercise of the fishery rights accorded to them ; and they instance the cases of the Bay of St. Geor^'e on the west coast and of Conche on the east coast, where such a condition of affairs has arisen. In agreeing, therefore, to the opening of all those extensive portions of the coast tinted red on the Map to a fixed population, the French Government natural!}', and, in the opinion of Her Mojesty's Government, not unreasonobly, aslv in return thai they may be enabled to exercise, in cases where none of Her Majesty's ciuizers may actually be present, such an amount of supervision as may insure an uninterrupted enjoyment of the fisheries by their countrymen in these waters. Any inconvenience which might possibly bo entailed by this arrangement would be obviated, if necessary, by a closer supervision bring exercised on the part of Her [269] * CoDTcntion (1881) rrUting to Itcgulation of North Sea Fisheriei. 10 I u Majesty's cniizers of those portions of the coast whore the cruizcrs of the French navy may be stationed, and, indeed, it is contemplated that two of Her Majcscy's cruizers should in future cruize more especially off the northern portion of the coast, where the French are in the habit of carrying on tiieir principal Jislieries. It will be further observed that the fishery rights of the British are not in any way curtailed, but arc, on the contrary, strengthened, their right of concurrent fishery beit.'^, M already pointed out, now recognized by the Frencli. In conclusion, I have to inform you that Her Majesty's Government have thought it desirable that the British Commissioners whc attended the Commission in Paris should proceed to Newfoundland, in order to offer any explanations of the present Arrangement which your Government may desire to recive ; and Her Majesty's Government con- fidently trust that your Ministers will view the Arrangement in the same light as that in which it is regarded by Her Majesty's Government, namely, as being most a advantageous one to the interests of the Colony, and as affording a means of avoiding the recurrence of those irritating questions which have so constantly arisen in connection with the Newfoundland Fisheries question, and, moreover, as greatly diminishing the risk of any conflicts between the fishermen of the two nations. The British Commissioners will sail for Newfoundland on the 17th instant, and will present this despatch to you on their arrival. Her Majesty's Government would be gratified if your Ministers should find it in their power to convene a special meeting of the Legislature as soon as may be possible, in order that the necessary Acts may be passed to give efi'ect to those portions of the Arrangement which require legislative action, so that its provisions may be brought into operation at as early a date as possible. I have, &c. (Signed) DERBY. Inclosure iu No. 1. Arrangement signed at Paris, April 2G, 1884, relating to the Newfoundland Fisheries Question. (Cancelled and superseded by " Arrangement " siyucd November I't, 1885.) THE undersigned Commissioners, who have been appointed by the Go:-<'rnuients of Great Britain and France in order to find means, without touching the Treaties at present in force, which it is not their duty either to modify or interpret, of prc- yenting and regulating disputes relative to the exercise of the fishery on the coast of Newfoundland, have framed in concert the following Regulations, subject to the appi-oval of their respective Govern- meuts :— Article I. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages to comply with the following Regulations for securing to French fishermen, in oxecu- tiou of the Treaties in force, and particu- larly of the Declaration of 1783, the free exercise of their industry on the coasts of Newfoundland without any interference or obstruction whatever on the part of British subjects. Article II. The Government of the French Rc- LES Commissaires soussignes, d(51('igu6s par Io3 Gouvernenicnts do (jraude-iJre- tagnc et do Franoo, u IVIVot do rcchercher, en (Ichors dos Traites actuollomeut en vigueur qu'ils n'avaiont mission ui de modifier ni d'interprcter, les moyens de prdvcnir ct de rogler les contestations relatives ii I'exorcico de la peche sur les c6tes de Terre-Neuve, ont arret6 d'un commun iujcord, sous resorve do I'appro- bation de lours Gouverncments respcctifs, les dispositions suivantes : — Article I". Lc Gouvernomcnt do Sa Majcste la Rcinc dii Royaume-Uni do Grande-Bre- tagne et d'lrlandt;, s'engage u so con- former aux dispositions ci-!ipr6s pour assurer aux pochcurs Frangais, en execu- tion dos Traites en vigueur ot partieulii^re- ment de la Dc'iclaration do 1783, lo lihro oxercici^ de lour iiulustrio sur les cotes do Terre-Nouve sans gene ou obstacle quel- conque de la i)art des sujets Britauniques. Le Article II. Gouveruemcnt de la Republique public engages, on its part, in exchange Frau9aisc s'engage, do sun cote, on ^change 11 the French navy [njcsty's cruizcrs coast, where the ! not in any way nt fishery beit.j, : have thought it in Paris should 3nt Arrangement loverninent con- : light as that in t a advantageous 5 the recurrence lection witii tho the risk of any instant, and will ;houid find it in may be possible, '. portions of the be brought into avc, &c. DERBY. land Fisheries 14, 1885.) isign(5s, d(!!U%u(5s do ljirand(>-Jire- >t dc rccliercher, ctiiollomcut en mission ui de les nioyens de >s contestations a poche sur les it arret6 d'un n've dc I'appro- nents respcctifs, 3a Majoste la X! Grandc-Brc- agc u se con- ci-npr6s pour i^ais, en cxecu- ot particuli^rc- c 1783, lo lihro ur les cutes dc ol)stac!lo qucl- s Britauuiques. la RL'puhliquc ote, on ^change for tho sccvtfity accorded to French fisher- men by the application of the llesulations coutaii'icd in the present Arranj^onuMit, not to raise any objection against the forma- tion of establishments n(>cessary for tho development of every industry other than that of the fisheries on those portions of the coasts of Newfonndland comprised between Cape St. John and Cn])e Uayo which are tinted in red on tlu! jNIap* hev(>to annexed and which do not appear in the Statement* also annexed describing tho portions of the coast to which the present paragraph does not apply. It ongngos equally not to disturb the resident liricish subjects in respect of tho establishments actually existing on those parts of the coast comprised between Capo St. John and Capo Raye passing by the north, but no new ones will be (established on those parts of the coast described in the statement mentioned in the preceding paragra])h. AnTICLE III. It is Tindcrstood that French citizens shall retain in full on all those parts of the coast comprised between Cape St. John and Cape Have, the right as it is defined by Treaty of fishing, of drying, and curing their fish, &c., as well as of cutting wood, in all parts, exce])t on inclosed ])ropcrty, necessary for fishing stages, huts, and fishing boats. Article IV. The superintendence and the police of tho fisheries shall be exercised by the ships of war of the two countri(>s, in accordance with the conditions hereafter set forth, the Commanders of these ships having sole authority and competency under these conditions in all matters relating to the fislun'ies and the operations which result therefrom. Article V. French and English fishing ships or boats shall be registered in accordance with the administrative Regulations of the country to which they respectively belong, and shall bear distinctive marks in a visible manner, which will allow of their being easily recognized at a distance. The captains, masters, or persons in charge must have with them documents estab- lishing tho nationality of their ships or boats. de la s(5curit»5 accord6o aux pfichcurs Frati^ais par ra]i])lication dos dispositions conteniK.'s dans le present Arrangement, i\ n'elever aueune protc.'station c(mtro la creation des otablissonients necessaires au develop])ement dc toutc industrie autre quo colic dos p6cherie8 sur los parties de la cote de Terrc-Neuve comprise entre le Cap Saint-Jean v.t le Cap Itaye qui sont teiutees en rouge sur la Carte ci-annex6e et qui no figurent pas dans I'Etat, <)gale- ment ci-annex6, comprenant les portions de territoiro auxquelles no s'appliquent point le present jjaragrapho. II s'engagc egaloment a no pas inquiotor les sujets Ai.glais rc^sidents, i\ regard des constructions actuellement etablies sur lo littoral compris entre lo Cap Saint- Joan et lo Cap Kaye, en passant par lo nord. IVIais il n'en sera point otabli de nouvelles sxu' les parties du littoral comprises dans I'fitat mcntionn6 au paragraphe precedent. Article III. II est ontendu quo les Frangais conser- vcront dans sa ])16nitude sur toutos lea parties de la c6to comprise entre lo Cap Saint- Jean et le Cap Rayc, et tel qu'il est defini par les Traites, le droit de pecher, seeher, prt5parer lo poisson, &c., ainsi que colui de couper partout ailleurs que dans los proi)rietes closes, lo hois ndcessaire pom* lours oehafaudages, cabancs, et bMi« ments de peche. Article IV. La surveillance et la police de la pfiche soront exoreees par des bMiments do la marine militairo d«s deux pays, dans les conditions ci-aprc^s dotermineos, les Com- mandants dos croiseurs ayant souls, dans cos conditions, autorito ct competence dans toutos los affaires concornant la peche et les operations qui on sont la consequence. Article V. Les naviros ou bateaux do p6che Fran- 9ais et Anglais soront enrogistr^s, suivant les Il6glemonts administratifs du pays auquol ils apj)artiennent, ct devront por- ter d'une mani^ro apparonto des marques distinotivcs pormettant de constater i^ distance lour identity. Les capitaines, maltres, ou patrons scront porteurs de documents justificatifs do la nationality do Icurs naviros ou bateaux. • Tho Map and Statement bere referred (o are identical with these annexed to the subsequent Arrangenieot of November 14, 188.5. Se« '•vV.ures 2 and 3 in No. 10, pp. 27-29. [269] C 12 Abtiolk VI. The Commandors of cruizers of each nation shall notify mutually to one another any infractions which may be committed by the ships or boats of the other nation 01 the Regulations set forth in the preceding Article. ARTICIiE VII. The cruizers of the two countries shall have authority to record all infractions of the Treaties actually in force, and especially of the Declaration of 1783, according to the terras of which British subjects arc not to " interrupt in any manner the fishery of the French by their competition during the temporary exercise of it which is granted to them upon the coasts of New- foundland." Annci.K VT. Ja^s Commandants dcs bAtiments croi- seurs sc signaloront mutiielleni(Mit los in- fractions aux Il^i^los dtablies par TArticle pr«5cMent qui scraieiit comraiscs par les navires ou bateaux dc I'aiitrc nation. Article VII. Les b&timents croiscurs des deux pays scront competents pour constatcr toutes les infractions aux Ti-ait^s actuellemont en vigueur et nolamment h la Declaration de 1783, aux ternjcs do laqucUc les sujets Britanniques no doivent " troubler en aucuno manierc par leur concurrence la peche des Fran9ais pendant I'exercice temporaii'e qui lour est accordd sur les c6te8 de Terrc-Neuvc." tannic the Cor In tl admitte ceedingi mander it I AETIOIiB VIII. On a complaint being made by French fishermen or on a demand being made by them with a view to their being enabled to exercise their right of fishing, the Com- manders of the English cruizers shall oppose, and, in case of no English cruizer being in sight, the Commanders of the French cruizers may oppose, every fishing operation of British subjpfts which may interrupt the industry of such Frciicli fishermen ; they shall remove the boats or ships causing the obstruction to such industry. With this object the Commanders of French cruizers may address to the offend- ing parties the necessary warnings, and, in case of resistance, take their fishing implements in order to place them on shore or to give them up into the hands of the Commanders of Her Britannic Majesty's cruizers. In cases in which no interruption shall result to French fishermen, and in which neither a complaint nor a diMiiand lias been made to enable tliom to exercise without difficulty their righr of lishiiig, the Commanders of French (Miii/ers shall not oppose the fishing operations of British subjects. ARTICIiE IX. In cases in which residents on shore may interfere with or disturb by their acts the drying and the preparation of fish, and in general the various operations which are a consequence of the exercise of the French fishery on the coast of Newfoundland, a report verifying tlie damage caused shall be drawn up by the Commanders of the cruizers of Her Bri- Article VIII. Sur la plainte des pficheurs Fmn5ias ou sur leur demande tcndaut a pouvoir user de leur droit de peche, les Commandants des biUiments croiseurs Anglais s'oppose- i-ont, et, s'il n'y a aucun croiseur Anglais en vue, les Commandants des bfttiments croiseurs Fran(;ais pourront s'opposer a touto operation do p6che dcs sujets Britanniques qui generait I'industrie des dits peoheurs Francnis ; ils eloigneront les Imtoaux ou navires qui seraicnt un obstacle II cette Industrie. A cet etYet, les Commandants dos bftti- ments croiseurs Fran^ais pourront adrosser h la partie en cause les iujonctions neces- saires, et prendre, en cas de resistance, les engins do peche pour les deposer a terre ou les remettre '^ntre les mains des Com- mandants des croiseurs de Sa Majeste Britannique. Dans le cas ou il u'en rdsulterait aucuno gene jjour los pecheurs Fran^ais, et ou il n'y aurait ni plaint(! ni deinande de leur part tendant a pouvoir user, sans difUcultt^, do leur droit do ])6ehe, les Conminndants des croiseurs Fran^ais nc s'opposoront pas t\ rexcreico de la peche pin- les sujets Britnnniqups. Article IX. Dans le cas oil des residents generaient ou troubleraient il terre, par lours actes, le sochage et la priSparatitm du poisson, et on general les diversos ojieratious qui sont la consdqiioiu'i' de rcxerciee de la ])6che Fnin(^aise sur la c6te do Terre- Nouve, un proces-vcrbiil de conslatation du dommago cause sera dresse par les Commandants des bdtiments croiseurs de 13 tannic Majesty, and, in their absence, hj the Commanders of the French cruizers. In the latter case the report shall be admitted in evidence in the judicial pro- ceedings to be taken tliereon by the Com- manders of Her Majesty's cruizers in the exercise of tlieir functions as Justices of the Peace. Article X. If an offence is committed or damage caused, the Commanders of cruizers of the nationality to which the offender belongs, and in their absence, the Commanders of the cruizL-rs of the nationality to which the plaintiff belongs, shall estimate the gravity of the facts brought to their knowledge, and shall record the damage sustained by the plaintiff. They shall draw up, should occasion require it, in accordance with the forms in use in the countries of the two nations respectively, a Iteport as to the verification of the facts such as it may result as well from the declarations of the interested parties as from the evidence taken in the matter. This I'oporfc sliall be admitted in evidence in th<> judicial proceedings to be taken thereon so far as tlveir powers extend by the Commanders of tlie cruizers of the nationality to which the offending party belongs. Should the matter appear to be of sufficient gravity to justify such a step, the Commander of the cruizers of the nationality to wliich the plaintiff belongs, shall have the right if no cruizer of tlie nationality to which the offender belongs be in sight, to secure either the person of the offender or his boat, in order to give them up into the hands of the Commanders of the cruizers of tlie nationality to which they belong. Article XI. The Commanders of British and French cruizers shall administer immediate justice within the limits of their powers, witli regard to the complaints brought to their notice either by the interested parties directly, or through the Commanders of the cruizers of the other nation. 8a Majest6 Britannique, et, en leur ab- sence, par les Commandants des croiseurs Frangais. Dans ce dernier cas, le proc^s-verbal fera foi, pour la justice a rendre, en leur Sualitd de Magistrats, par les Commandants es croiseurs dc 8a Majeste Britannique. Article X. Si un d^lit est commis ou un dommage caus<5, les Commandants des b&timents croiseurs do la national itc du d^linquant et, en leur absence, les Commandants des biitiments croiseurs de la nationalite du plaignant, apprecieront la gravite des faits parvenus a leur connaissance et eon- stateront le dommage 6prouv6 par la partie plaignante. lis dresseront, s'il y a lieu, et suivant les formes usitees dans leur pays, proems-verbal de la constatation des faits telle qu'elle r^sultera tant des declarations des parties interessees que des t^moignages recueillis. Le proems- verbal fera foi, pour la justice ai rendre, dans les limites de leur competence, par les Commandants des croiseurs de la nationality du delinquant. Si le cas lui semblc assez grave pour justifier cette mesure, le Commandant du b&timent croiseur de la nationalite du plaignant aura le di-oit, s'il n'y a en vue ancun croiseur do la nationalite du ddlin- quant, de s'assurer soit de la personne du dit ddlinquant, soit de son bateau, pour les remettre entre les mains des Commandant? des bi\timents croiseurs de leur nationality Article XI. IjCs Commandants des biitiments croi- seurs Anglais et Fran9ais devront, dans la limite de leur competence, faire droit d'urgence aux plaintos dont ils seront saisis, soit directement par la partie int^- ressde, soit par I'entremise des Comman- dants des croiseurs de I'autre nation. Article XII. Kesistanco to the directions or injunc- tions of Commanders of cruizers charged with the police of the fisheries, or of those who act under their orders, shall, without taking into account the nationality of the cruizer, be considered as resistance to the competent authority for repressing the act complained of. Article XII. La resistance aux prescriptions ou injonctions des Commandants des bd,ti- ments croiseurs charges de la police de la p6che, ou de ceux qui agissent d'apr^s leurs ordres, sera, sans tenir compte de la nationalite du croiseur, consid^r^e comme resistance envers I'autoritfi comp^tente pour reprimer le fait incrimin^. u i Ahticle XIII. When tlie act alleged is not of a serious character, but has, nevertheless, caused damage, the Commanders of cruizers shall bo at liberty, should the parties concerned agree to it to arbitrate between them, and to fix the compensation to be paid. Article XIV. The French Government abandons for its subjects the salmon fislicries in rivers, and only reserves a right to the salmon fishery in the sea and at the mouths of rivers up to the point where tlio water remains salt, but it is forbidden to place fixed barriers capable of impeding interior navigation or the circulation of the fish. Ahticle XV. French fishermen shall be exempt from the payment of any duties on the importa- tion into that part of the Island of New- foundland comprised l)etwcen Cape St. John and Cape Haye, passing by the north, of all articles, goods, provisions, &c., which are necessary for the prosecu- tion of their fishing industry, for their subsistence, and for their temporary es- tablishment on the coast of this British possession. They shall also bo exempt on the same part of the coast from the payment of all light and port dues and other shipping duea. Article XVI. French fishermen shall have the riglit to purchase bait, both herring and capelin, on shore or at sea, on the shores of New- foundland, free from all duty or restric- tion, subsequent to the 5th April in each year, and up to the close of the fishing season. Article XVII. The employment of French subjects in the proportion of one family to each estab- lishment is authorized for the guardian- ship of the French establishments out of the fishing season. Article XVIII. ' All fishing-boats, all their small boats, all rigging, gear, nets, lines, buoys, aiul other fishing implements whatsoever, foui cl or picked up, shall, as soon as possible, be delivered to the competent authorities of the nation of the salvor. The articles saved shall be restored to the owners thereof or to their representa- Artiole XIII. Lorsque lo fait incrimine ne sera pas do nature grave, nmis que, ncanraoins, il aiu\i occasionne dos dommagos, les Com- mandants des biltimcutscroiseurs j)ourront concilior Ics intorcsses ct fixer rindemiut6 II payer, s'il y a cousontement des parties en cause. Article XIV. Lc Gouvcrnomout Franeais rononce, ])our scs natidnanx, a la pechc du saiuuon dans les couvs d'cau, et no so reserve la peclic do CO poissnu qu'on mcr ct a I'em- boiK'liurc dos rivieres jusqu'au point oil les oaux sor.t snl,';'s, ninis il est interdit d'etal)lir dos barrages iixcs pouvaiit em- ])cehor la navigation interieure ou la circu- lation du poisson. Ahticle XV. Les pecheiu's Franeais seront exempts de touto taxo pour I'iutroduction dans la parti(i de I'llr de Terro-Ncuvo comprise entro le Caji Saint-Jean et le Cap liaye, en ])assant par lo nord, do tons objfsts, matiercs, vivrcs, &c., necessairos Ti l(>ur iii(liisiri(>, i\ leur sul)sistaueo, nt u leur etablissomcnt tcmi)oraire sur la e6to de eivtto possession Uritaiiuique. lis seront egalement dans cette meme partie de Tile affranchis de tout droit do pharc, de port, ou autre droit do naviga- tion. Article XVI. Los pecheurs Frangais auront le droit d'achctor la boitte, harcng et capelan, h terrc ou a la mer, dans les parages de Terre - Nouve, sans droits ni entraves quclconqucs postericurcmcnt an 5" jour d'Avril de chaque annee et jusqu't\ la fin de la saison de pcche. Article XVII. L'omploi do sujets Franpais h raison d'une famille par etablissement, est auto- rise pour la garde des emplacements Fran9ais, en dehors do la saison de peche. Article XVIII. Tout bateau de pfiche, tout canot, tout objct d'armement ou de gr^emcnt de bateau do peche, tout filet, ligne, bou6o ou engin quelconque, qui aura 6t6 trouv6, ou re- cueilli, dovra aussitot que possible etre remis aux autorites comp^tentes de la nation du sauveteur. Les objets sauv^a seront rendus aux propri6taircs ou h. Icurs reprcSseutauts par The ment, in ^Vr solely Treat ic fishing 15 tivcs by moans of the above-mentioned competent authorities, the interest of the salvors being previously guaranteed. Tlio indemnity to bo paid to the salvors shall bo fixed in accordance Avith the law of the respective countries in such matters. Auticle XIX. The provisions of the pi'csent Arrange- ment, Avith the exception of those containrd in Articles 1 and 2, shall be applicable solely for the time during which the Treaties accord to the i'reuch the right of fishing and drying their fish. In faith of which the undersigned Com- missioners have drawn up the present Arrangement, subject to the approval of their respective Governments, and have signed the same. Done at Paris, in duplicate, the 2Gth April, 1884. (Signed) FRANCIS CLARE FORD. EDMUND BURKE PENNELL. les soins dcs ditea autorites compotentos ot sous reserve do la garantio prealablo des droits do sauveteurs. L'indeninite a payor aux sauveteurs sera fixee suivant pays. la l(5gislatiou do lour ARTICIiE XIX, Los dispositions du present Ai'rangcment, h roxccj)tiou do celles des Articles 1 et 2, seront applicibles uniquement pendant le temps durant lequel les Trait6s accordont aux Pran9ais lo droit de pficher ct do s6cher le poisson. En foi do quoi les Commissaircs soug- sign6s ont drcss6 le present ^\j'rangemeut, sous reserve de I'approbation de lours Gouvernements respectifs, et y ont oppos6 leur signatiure. Fait a Paris, en double oxemplair(5, lo 26 Avril, 1884. (Sign6) OH. JAGERSCHMIDT. J. BIGREL. No. 2. Governor Sir J. Olover to the Earl of Derby.— ^{Received July 24.) My Lord, Government House, St. John's, Newfoundland, July 16, 1884. AT a Council held this morning I had laid before me the accompanying Minute upon which my Ministers have agreed in regard to the Convention signed at Paris on the 26th April, 1884, by the English and French Commissioners. 2. Your Lordship will observe that my jMinisters desire two modifications in the proposed scheme, namely, facilities for the export of minerals from harbours not tinted red on tiie Map ; and that the French guardians should be limited to one family in each harbour. I have, &c. (Signed) JOHN H. GLOVER. Inclosure in No. 2. Extract from Minutes of Council, July 15, 1884. THE Council have had under consideration the Arrangement agreed to by Messrs. Ford and Pennell, Commissioners appointed by Her Majesty's Government, and by IM. Jagcrschmidt and Captain Bigrel, on the part of tlic Government of France, with regard to the Newfoundland Fisheries question, together with a dospatcli, dated the 12th June, 1884, of the Right Honourable Secretary of State for the Colonies to his Excellency the Governor on this subject. The Council appreciate the endeavours of Her Majesty's Govenmient to effect an arrangement for the prevention of the difficulties periodically recurring between the fishermen of both nations. It is to be regretted that Her Majesty's Government liave not been enabled to secure to British subjects to the full extent those rights for which the Government of Newfoundland have contended, and which are set forth in the Resolutions adopted by the Ijocal Legislature, dated the 23rd April, 1874, to the principles of which Resolutions the Council still adhere. Reciprocating the solicitude of Her Majesty's Government for the attainment of the object in view, the Council confide in the assurance of the Right Honourable Lord Derby, ■VJ I 16 in his despatch above quoted, that under the proposed Arrnngen>ent tlic claim of tlio French to an exclusive right of fishery is withdrawn, and the concurrent right of British fishermen recognized to fish everywhere on the coast between Cape St. John and Capo Ray, provided they do not actually interfere with or molest French fishermen in the exercise of their fishing industry. With regard to complaints and ofllenccs, the adjudication of which would rest solely with the Commanders of French cruizers, the Council must rely upon an equitable construction being applied to the terms of the Treaties ; and they trust that a vigilant exercise by the British cruizers of the powers conferred on them, sustained by Her Majesty's Governn.cnt, will insure to British subjects the full enjoyment of those privileges contemplated by the proposed Arrangement. In a word, the Council feel assured that the whole proposition will be carried out in the spirit of equity and mutual consideration essential to its success. Wich these views the Council would respectfully urge that the following modifications may be effected, in such manner as Her Majesty's Government may deem best adapted to the attainment of the ends desired. An erroneous estimate appears to have obtained of the value of that portion of the coast tinted red on the Map accompanying the present proposals. Although this extent of coast is apparently opnn to British occupation, yet that portion between Bonne Bay and Cat's Arm in White Bay is impossible of settlement, inasmuch as the harbours and landing-places within these limits are practically reserved fur the use of the Frencii. It is believed that in the vicinity of some of these harbours there are valuable mineral deposits, and unless means of ingress and egress are afforded, such deposits cannot be worked. The present Arrangement should therefore contain a provision allowing of the erection of wharves and buildings necessary for working and shipping purposes in these harbours. Such erections could not interfere with or incommode the fishing operations of the French. The sites to be determined by the British and French Commanders of cruizers on the coa.st. Article XVII appears to l)e objectionable on the ground that it would operate as a basis for the formation of the ])ormancnt settlement of a French population on the coast. The guardians indicated should be limited to one French guardian and his family for each harbour, for the purpose of taking care of French property during that period of the year when the French, by Treaty, are to be absent from the coast. The Council are convinced that the Legislature, as well as the Executive, in entering upon this important question, will be animated by a desire to meet as far as possible the views of Her Majesty's Government regarding a satisfactory settlement, and they believe that the acceptance of the modifications above suggested would tend materially to commend the arrangement to the favourable consideration of both Houses. The Council regret that under present circumstances the holding of a Session of the Legislature before the usual period of the year would be attended with such difficulties and inconveniences that they arc obliged to deem it inexpedient, and feel unable to meet t!ie desire of Her Majesty's Government in relation to this matter. (Signed) E. D. SHEA, Clerk, Executive Council. No. 3. The Earl of Derby to Governor Sir J. Glover. Sir, Downing Street, August 9, 1884. I HAVE the honour to acknowledge the receipt of your despatch of the 16th July, inclosing a Minute of Council respecting the j\rrangement for the settlement of the Newfoundland Fishery question. I liave read the Minute with satisfaction, and Her Majesty's Government will use their best cndeavouvs to procure the ac';eptap''c by the French Government of the modifications in the Convention which arc *">iggi. jted. I have, &c. (Signed) DERBY. 17 the claim of tho ; right of Britisli b. John and Cape Hshcrmen in tho would rest solely )on an equitable ist that a vigilant iistained by Her )yment of those the Council feel quity and mutual I'ing modifications ecm best adapted at portion of the Although this n between Bonne 1 as the harbours se of the French, valuable mineral jposils cannot be 1 allowing of the >urposc3 in these [ishing operations h Commanders of ould operate as a tion on the coast, md his family for ng that period of !utivc, in entering ar as possible the ;ment, and they il tend materially ouscs. a Session of the such difficulties unable to meet Clerk, xutive Council. lufjust 9, 1884. )f the 16th July, ttlement of the ernment will use ernment of the ve, &c. DERBY. No. 4. Tho Earl of Derby to Governor Sir J. Glover. (Telegraphic.) Downing Street, November 22, 1884. WITH respect to the proposed Fisheries Arrangement, the French Commissioners are ready to agree to one guardian for each harbour, except in the case of large harbours where their establishments are at a distance from each other. Reply as soon as possible whether your Government agree, and ask them to suggest a wording of the Article to meet this case. The British Commissioners hope to be able to carry the modification desired by your Government as regards the question of wharves in harbours. No. 6. Governor Sir J. Glover to the Earl of Derby, —{Beceived November 24, 1884.) (Telegraphic.) PROPOSED Fisheries Arrangement. My Government are willing to assent to the suggested modification as to guardians in the case of large harbours, if that is the only point in dispute. They consider that the Article should run thus : " except in large harbours where the temporary fishing-rooms of the French are so distant from each other as to render it impracticable for one guardian to take care of all such rooms, and in such harbours two guardians may be appointed." No. 6. The Earl of Derby to Governor Sir J. Glover. (Telegraphic.) Downing Street, January '61, 1886. FISHERY question. There is every prospect of obtaining modification in respect of guardians in accordance with text suggested by Colonial Government, and modification in respect of wharves as .worded in following draft Article to follow Article II : — " As often as and notwithstanding the prohibition stipulated at the end of the second paragraph of the preceding Article, and in the case in which a mine shall be discovered in the vicinity of any one of tho parts of the coast comprised in the Statement annexed to the present Arrangement, the Government of the French Republic engages not to raise any objection against the persons interested enjoying for the working of such mine facilities compatible with the free exercise of the French fishery. With this object, a wharf may be constructed on a point of the coast to be specified by common agreement between the Commanders of the cruizers of the two nations ; all the buildings necessary for the working of the mine, of whatever description they may be, storehouses, magazines, workmen's houses, &c., shall be erected on that part of the territory situated beyond the limits specified in the annexed Statement. They may be connected to the wharf by one single railroad of one or two lines, no construction other than that of a wharf and the railroad above mentioned shall, in conformity with the last stipulation of the second paragraph of the preceding Article, be erected on that part of the coast set aside for the fishing within the limits fixed in the annexed Statement." End of proposed Article ; Statement referred to accompanies Article II. It is hoped that if buildings are placed beyond distances defined in Statement, but are connected by rail with the wharves, the requirements of Colonial Government will be practically met. It is of great importance that Her Majesty's Government should receive assurance from Colonial Government that the Legislature will probably agree to Arrangement of the 26th April with modifications as above indicated. Her Majesty's Government would highly appreciate friendly co-operation of Newfoundland Government and Legislature in bringing to a settlement and thus concluding this question affecting their relations with France. [i'69] D IS No. 7. ' Oovemor Sir J, Olover to the Earl of Derby.— -{Received February 6.) (Telegraphic.) February 5, 1885. REFERRING to your telegram,* which has been submitted to Government here, thej consider that proposed alteration of the modifications suggested by thorn with regard to wharves and buildings in caso of discovery of mines in neighbourhood of portion of coast set aside for the French will prohibit tho working of mines within the limits mentioned in Arrangem^iil ; buildings of certain description being quite indis- pensable to working in mines. A favourable reception of Arrangement of 20th A])ril by the House of Legislature* meet on the 12th February, would be seriously aircctcd by these restrictions. Colonial Government arc most desirous of co-operating with Ilcr Majesty's Government in settling the matter. commil resultel the Col as tar | settler which ITousesI Tlj and bui of the the Arn w I No. 8. The Earl of Derby to Governor Sir J. Glover. (Telegraphic.) Dowtiimj Street, February 10, 1885. OBJECT of French Government is to discolitagc jjopulation where French fiKhory establishments particularly situated. Her Majesty's Government regard as hopeless to endeavour to induce French Government to agree to buildings witliin ])rescvibcd limits in harbours not tinted red on Map unless it is stipulated that tliey shall not be used as residences. They could propose, if this would meet views of your Government, that, with the above reservation, constructions necessary for shelter of mining apparatus and storage of minerals might be permitted within those limits on sites to be a])proved by common agreement between the Commanders of cruizers of two nations. Would your Government suggest wording of Article in this sense ? No. 9. Governor Sir 3, Glover to the Earl of Derby. — (Received February 12.) (Telegraphic^ February 11, 1886. BUILDINGS within prescribed limits in harbours not tinted red on Map shall be understood to mean all constructions necessary for mining operations, such us shelters for mining apparatus and stores for minerals, but not dwellings, which are not permitted within the said limits. No. 10. !4C Colotul Stanley, M.P., to the Officer administering the Government of Newfoundland. Slir, ^ Downinrj Street, January 26, 1886. In his despatch to the late Governor of Newfoundland of tho 12th June, 1884,t my predecessor transmitted a copy of the Arrangement signed at Paris on the 26th April of that year» for the regulation of the Newfoundland fisheries, and for settling the difficult questions connected therewith. Lord Derby in that despatch explained the riu;hts enjoyed by the French under the Treaties in force bearing upon the question ; be described the various attempts made from time to time to settle tho points in dispute between tlio Govermnents of France and Great Britain, and showed the advantages offered by the Arrangement then forwarded as compared with the terms contemplated in all previous proposals for a settlement. The British Commissioners who attended the Commission in Paris proceeded, as you aware, to St. Johns at the same time with the despatch, in order to offer any explanations which the Government of Newfoundland might desire to receive upon the subject of the Arrangement, which was one which Her Majesty's Government regarded not only as most advantageous to the interests of tho Colony, but also as tiffording a means of avoiding the recurrence of those irritating questions which had so constnnfiy arisen, and as calculated to diminish greatly the risk of any conflicts between the fisiicrmen of the two nations. During their visit to Newfoundland the British Cominissioners were in constant 'I No. 6. t No. 1. 10 tari/ 6.) briinry 5, 1885. jovornmont hero, mI by Ihom with ioigh])ourhond of minos within the cing quite indis- of 28th April by ously atrcotcd by srating with Ilcr utinj 10, 1S85. re rrcnoli (iKhery (l as lio])elcss to ])resciibiHl limits 11 not be used as nmcnt, that, with J apparatus and be approved by as. Would your ry 12.) uary 11, 1885. on Map shall be such lis shelters re not permitted tewfoundlaiid. lary 26, 188G. une, 1884,t my 26th April of the difficult le French under arious attempts Crovernrnentin of rangement then )roposal8 for a roceeded, as you my explanations on the subject ;arded not only ling a means of arisen, and as lien of the two ere in constant communication with the Colonial Government, ivhose conaideration of the Arrangement resulted in a Minute of I'nnncil, dated the 1 5th July, 1884, in which they stated that the Colonial Lepfislature, as well as the Executive, would be animated by a desire to meet, as far as possible, the views of Her MiHesty's Government regarding a satisfactory settlement, but they urged that certain modifications should be made In the Arrangement which would tend materially to commend it to the favourable consideration of both Houses of the Colonial Legislature. The modifications they desired were the following : — That the Arrangement should contain a provision allowing the erection of wharves and buildings necessary for working mines and for shipping purposes in those harbours of the coast of Newfoundland not tinted red on the Map accompanying Article II of the Arrangement, the sites to be determined by the British and French Commanders of cruizcrs on the coast, and that Article XVII of the Arrangement should be modified to this extent, viz., tliat tlie guardians indicated should bo limited to one French guardian and his family for each harbour, for the purpose of taking care of French property during that portion of the year when the French are obliged by Treaty to be absent from the coast. With regard to this latter point, the Colonial Government subsequently agreed that in large harbours two French guardians should be allowed. In reply to the Governor's despatch forwarding this Minute of Council to the Secretary of State, Lord Derby informed the Governor that he had read the Minute with satisfaction, and that Her Majesty's Government would use their best endeavours to procure the acceptance by the French Government of the modifications in the Arrange, ment which were suggested. Negotiations with this object were subsequently resumed by the same Conmiission, and my predecessor informed the Governor of Newfoundland, by his telegram of the Slst January, that there appeared to be every prospect of obtaining the modification in respect of guardians suggested by the Colonial Government, and a modification with regard to wharves, as worded in following draft Article to follow Article II: "As often as and notwithstanding the prohibition stipulated at the end of the second paragraph of the preceding Article, and in the case in which a mine shall bo discovered in the vicinity of any one of the parts of the coast comprised in the Statement annexed to the present Arrangement, the Government of the French Republic engages not to raise any objection against the persons interested enjoying for the working of such mine facilities compatible with the free exercise of the French fishery. With this object a wharf may be constructed on a point of the coast to be specified by common agreement between the Commanders of the cruizers of the two nations, all the buildings necessary for the working of the mine, of whatever description they may be, storehouses, magazines, workmen's houses, &c., shall be erected in that part of the territory situated beyond the limits specified in the annexed Statement. They may be connected to the wharf by one single rail- road of one or two lines, no construction other than that of a wharf, and the railroad above mentioned shall, in conformity with the last stipulation of the second paragraph of the preceding Article, be erected on that part of the coast set aside for the fishing within the limits fixed in the annexed Statement." In reply, the Secretary of State was informed by the Governor's telegram of the 5th February, 1886, that the Colonial Government considered that the proposed alteration of the modifications suggested by them with regard to wharves and buildings, in ease of discovery of mines in neighbourhood of portion of coast comprised in the Statement referred to would [trohibit the working of mines within the limits mentioned in Arrange- ment, and that buildings of certain description were quite indispensable to working in mines. The Governor added that a favourable reception of the Arrangement of the 26th April by the Legislature would be seriously affected by these restrictions, and that the Colonial Government were most desirous of co-operating with Her Majesty's Government in settling the matter. After some further telegraphic comtrmnication the Colonial Government explained by telegram that they wished it to be understood that the buildings which should be allowed in harbours not tinted red on the Map which accompanied the Arrangement of the 20th April, 1864, should be all constructions necessary for mining operations, such as shelters for mining apparatus and stores for minerals, but not dwellings ; which were not to be permitted within the said limits, Since the date of this telegram negotiations have proceeded with the French Govern- ment which I am happy to inform yon have resulted in the requirements of the Government of Newfoundland being substantially conceded, although not in such general terms as those desired by the Newfoundland Government. I now inclose a copy of an Arrangement which was signed at Paris by Sir Clare Ford [269] D2 'I\ |! t W and Mr. Pennell representing thia country, and by M. Jagersohroidt and Admiral Bigrel representing France, on the 14th November last. This Arrangement supersedes that signed on the 26th April, 1884, which has been cancelled by the instrument of which a copy is annexed. The stipulations which have been inserted with a view of giving cflfect to the wishes of the Government of Newfoundland with regard to the erection of constructions necessary for the working of mines on those portions of the coast not tinted red on the Map which accompanies the Arrangement, and to the limitation of the nuinbci' of French guardians, are contained in Articles III and XVI II. Article III, in the opinion of Her Majesty's Government, allows all such fiicilities for the working of mines and for the construction of the necessary wharves, shelters, and storehouses, on those portions of the coast to which that Article refers, as can reasonably be expected, and as arc compatible with the free exercise by the French of their fishery rights in those localities. Article XVIII carries out the views of your Government in regard to the limitation of the number of guardians to be allowed for the guardianship of tlie French establishments out of the fishing season. Bearing in mind the restrictions which have hitherto interfered with the development of the mineral and other resources of Newfoundland, the provisons contained in the Arrangement cannot but be regarded by your Government as of the greatest value. The Arrangement now transmitted to you differs from that of the 26th April, 1 884, only in the particulars above referred to (except that in Article XX Article XVIlI has been included among the exceptions to those Articles applicable to tlic fishing season only), and the despatch from my predecessor of the I'Jth June, 1884, which forwarded that Arrangement, deserves again at the hands of your Government a careful study in connection with the new Arrangement now transmitted to you. Her Majesty's Government trust that tJK-^ ^ifTorts which have been made in the course of the recent negotiations to arrive at such a : cttlement of the Fishery question as would admit of the development of the resources of the Colony of Newfoundland on those parts of the coast where the French have fishery rights, whilst at the same time in no way curtailing the existing fishery rights of either British or French subjects on those coasts, will be duly appreciated by the Government and Legislature of Newfoundland. I may state that in the course of the recent negotiations the British Commissioners drew the attention of their French colleagues to the diiTiculties attending the trafHc in spirituous liquors between French fishermen and the inhabitants of Newfoundland ; their representations on this subject have resulted in an undertaking being given by the French Commissioners on the part of their Government to the effect that, immediately after the ratification of the Arrangemer 'f the I4th November, 1885, instructions will be addressed to the Commandant of the v;olony of St. Pierre and Miquelon for the prohibition to schooners and boats fitted out there for fishing purposes to ship a greater amount of spirituous liquors than is deemed necessary for the requirements of the crew. The French Commissioners have also declared that after the exchange of the ratifications of the Arrangement the Government of the French Republic will not raise any objection to the establishment of a British Consulate at St. Pierre. I inclose a note verbale which was delivered by the French Commissioners to the British Commissioners relating to these two points at the last meeting of the Commission at Paris. Your Government will no doubt attach due weight to the importance of these undertakings on the part of the French Government. I inclose copies of communications which have been addressed to the British Com* missioners by the Marquis of Salisbury and by this Department, conveying to them the appreciation of Her Majesty's Government of the services which they have rendered during the course of their negotiations.* You will lay this despatch before your Ministers with the expression of the strong hope of Her Majesty's Government that the Arrangement now concluded will be found acceptable to them as well as to the Legislature of Newfoundland, to whom they will be so good as to submit it at the earliest opportunity, with a view to the necessary Laws being passed to enable the Arrangement to come into force at the commencement of the next fishery season. I have, &c. ' J, (Signed) FRED. STANLEY. * Not printed %i« Inclosure 1 in No. 10. Arrangement signed at Pariii, November 14, 1885, relating to the Newfoundland Fi»herie» Question. THE undersigned Commissioners, who have been appointed by the Governments of Great Britain and France in order to flrnl means, witiiout touching tlie Treaties at present in force, which it is not their duty either to modify or to interpret, of prevent- ing and regulating disputes relative to the exercise of the fishery on the coasts of Newfoundland, liave framed in concert the following Regulations, subject to the ap- proval of their respective Governments : — LES Commissaircs soussign^s, diil^guis par les Gouvernemcnts do la Grande-Bre- tagne et do la France, a I'eft'et de rcchcrcher, en dehors desTrait^s actucllement en vigueur qu'ils n'avaient mission ni de modifier, ni d'intcrpr^ter, les moyens do prdvenir et de r^gler les contestations relatives H I'excrcice de la peche sur les cfites d« Terre-Neuve, ont arretc d'un commun accord, sous reserve de I'approbation de leurs Gouverne- ments respectits, les dispositions suivantes : — Aetiole I. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages to comply with the following Regulations for securing to French fishermen, in execution of the Treaties in force, and particularly of the Declaration of 1783, the free exercise of their industry on the coasts of Newfoundland without any interference or obstruction whatever on the part of British subjects. Article I. Le Gouvernement de Sa Majeste la Reine du Royaume-Uni de la Grande-Brelagno et d'Irlande g'engage h se conformer aux dispositions ci-apr^s pour assurer aux pSchcurs Fran9ais, en execution des Trait^s en vigueur et particuli^rement de la Declara- tion de 1783, le libre exercice de leur Industrie sur les cAtes de Terre-Neuve sans g&ne ou obstacle quelconque de la part des sujets Britanniques. rtance of these AbTICIiE II. The Government of the French Republic engages, on its part, in exchange for the security accorded to French fishermen by the application of the Regulations contained in the present Arrangement, not to raise any objections against the formation of estab- lishments necessary for the development of every industry other than that of the fisheries on those portions of the coasts of Newfoundland comprised between Cape St. John and Cape Ray which are tinted in red on the Map hereto annexed, and which do not appear in the Statement also annexed describing the portions of the coast to which the present paragraph does not apply. It engages equally not to disturb the resi- dent British subjects in respect of the estab- lishments actually existing on those parts of the coast comprised between Cape St. John and Cape Ray passing by the north, but no new ones will be established on those parts of the coast described in the Statement mentioned in the preceding paragraph. Article II. Le Gouvernement de la Republique Fran^aise s'engage, de son c6te, en ^change dc la s^curitd accord^e aux p^cheurs Frangais par {'application des dispositions contenues dans le present Arrangement, k n'diever aucune protestation contre la creation des etabiissements n^cessaires au ddveloppcment de toutc Industrie autre que celle des pecheries, sur les parties de la c6te de Terre-Neuve comprise entre le Cap Saint-Jean et le Cap Raye, qui sont teintees en rouge sur la Carte ci-annexee, et qui ne figurent pus dans I'liltat, 6galement ci-annex6, comprennnt les portions de territoire auxquelles ne s'applique point le present paragraphe. II s'engage ogai' nent a ne pas inqui^ter les sujets Anglais lesidents, k I'egard des constructions actuullement etablies sur le littoral compris entre le Cap Saint-Jean et le Cap Raye, en passant par le nord. Mais il n'en sera point etabli de nouvelles sur les parties du littoral comprises dans I'^tat mentionne au paragraphe precedent. Article III. Notwithstanding the prohibition stipu- lated at the end of the second paragrapl) Article III. Nonobstant I'interdiction stipulee d la fin du second paragraphe de I'Article pr^ce. p i>r the preceding Artiolo, in tlio co»« where .1 mine should he disc-ovfrcd in the vicinity ot' any one ol the {iin'tst of the coiiHt eoin- |)i'istd in the Htiitcniciit annexed to the pn si'iit Airunneniciii, the (iovcrnnient of the I'Vench IU'|iiil)lic cnnui^es not to raise luiy <)l)jeetion to tlie iierRonu inteietited en- joying; for the working of Hneh mine facili- ties eom|mtii)li' with the free exercise of the Frencli (iHiierioH. With tiiiM ol)j('ct a whnrf can he con- strnetrd on a poiiU of tlic coast to be specified hy common ni;reemcnt hetween the Commanders of tlio crui/.crH of the two nations, Tiie coustructioiiH ncccBsary for the work- ing of the mine, Huch as dwclling-houscH, workshops, warehouses, tkc, shall be erected on that part of the territory situated beyond tiie limits specified in the annexed Statement for the exercise of tlie I'Vench fislieries. They may be connected with the wharf by one single railroad of one or two lines. In order to facilitate the operations of loading and unloading, shelters and store- houses may, ncvertlielcss, be constructed on each side of the railroad for the provisional storage of minerals and mining plant on a space not exceeding 15 metres on each side of the railroad, such space to be inclosed by a bcd^e or some sort of inclosurc. No construction other than the wharf, the railway, and the shelters and store- houses above mentioned, can, in con- formity with the last stipulation of the second paragrapli of the preceding Article, be erected on the part of the coast set aside for fishing in tlic limits fixed in the annexed Statement. The stipulations of the present Article shall apply ecjually to the working of a mine within these limits on the condition that it shall have been mutually agreed upon previously by the Conunauders of the cruizei's of the two nations that the working ot tiic mine shall not be of such a nature as to hinder the free exercise of the French fisheries. dent, dans le cus oCi une mine sernit d<^eou- verte dans le voisinage d'une des parties dn littoral comprises dans I'Rtat anncx(5 au present Arraiigernent, le (Jouvernement do ill Republique Franc/aise s'engage a ne point s'oppiiser a ee (pie les interesscs jouissent, pour rexploitation dc la dit« mine, des t'aeilit^i eonipatibles uvee lo libre exercice (le la p^ohe I'VaneaiRc. A eet efft't un omburonddrc (wharf) pourrn t'trc 6Uib\'\ Bur un point «l<' la eAt«! dt^signiS d'un conmiun accord, par les CommandantH dcH croiMeurs des deux pays. Les constructionB iKiceasnireB i\ I'exploita- tion de la mine, telles (|uo maisonti d'haliita- tion, ateliers, entrepAts, &c., seront dlevdes sur la j)artie du territorire situi^e en dehors (les limites fixees dans TRtat ci-annexd pour I'exercice de la i)fich(! Franvaise. Elles seront reli(5e8 A I'emuarcadi^re par uno seule et uni(iue lignc dc chemin de fer ii une ou deux voies. Afin de faciliter les op(^rntiona de charge* ment et de (l(5chargement, des abris et des magasins pourront, n(3aninoins, (*tre con. struits des deux C('>td8 de la voie fern^e pour le d<5p6t urovisioire du mineral et du mat(5rial de ka mine, sur un espacc (|ui ne pourra excs (IrtorniiiR'cs, ks ("onw niandants des croiseins ayant sculs, dans ces conditions, auloritc et eoinpctenco dans toutes les ati'aircs concernant la pOche et Ics operations qui en sont la consupiencp. AnTicLK VT. T.CS navircH ou bateaux de ptVhc Anglais et Fran(;ais seront enrc^istres, suivant Ics K6gleuients administratifs du pays au(|uel ils appartiennent et dcviont porter, d'line mani^re ap|)arente, des niar(|ucs (iistinclivcs permottant de constatir, a ar i'Avticle prdc^dent qui seraicnt connniscs par les navires ou bateaux de I'autro nation. Abticlk VITT. Les biUimcnts croiseurs des deux pays seront conip^tents pour coiistatcr toutcs les infractions aux Traitds actucllenicnt en vi- gueur et notanunent h la Declaration de 178;5, aux tcrines de laqucllc Ics sujets Britanniques nc doivent "troublcr, en aucinic mani^re, par leur concurrence, la p^clio des Franf;ais pendant I'cxercicc tcniporairc «|ui leur est accorde sur Ics c6tcs de Terre-Neuve." AUTICLK IX. Sur la plainte des pcchcuis Kiancais ou sur leur demande tendant a pouvoir user dc leur droit de peche, les CoininaniJaiils des biUiments croiseurs Anglais s'opposiv ront, et, s'il n'y a aucun croiscui' Anglais en vue, Ics Coniiuandants des croi.^cms Franyais pourront s'opposer i\ toutc operation de p6chc des sujets Britanniqucs qui gencrait I'industric des dits jjecheurs Fran9ais ; ils eloigneront les bateaux ou navires qui seraicnt un obstacle a cette industrie. A cet effet, les Commandants des bati- ments croiseurs Franyais, pourront adresser ^ la partie en cause les injonctions neccs- saires, et prendre, en cas de resistance, les engins de peche pour les deposer h. terre ou I 94 to give tlieiii up into the hands of the Commanders of Her Britannic Majesty's cruizers. In cases ia wliich no interruption shall result to French lishermcn, and in which neither a complaint nor a demand has been made to enable them to exercise without difficulty their right of fishing, the Com- manders of French cruizers sliall not oppose the fishing operations of British subjects. les remettrc cntrc les mains des Com- mandants des croiseurs de Sa Mfgestd Britannique. Dans Ic cas ou il n'en r^sulterait aucune g^ne pour les pficheurs Frangais, et oi il n'y aurait ni plainte ni dcmande de leur part tendant h pouvoir user, sans difficult^, de leur droit dc peche, les Commandants des croiseurs Fran9ais ne s'opposeront pas a I'exercice de la p6che par les sujets Britanniques. Article X. in cases in which residents on shore may interfere with or disturb by their acts the drying and the preparation of fish, and in general the various operations which are a consequence of the exercise of the Fr»»nch fishery on the coast of Newfoundland, a report verifying the damage caused shall be drawn up by the Commanders of the cruizers of Her Britannic Majesty, and in their absence by the Commanders of the French cruizers. In the latter case the report shall be admitted in evidence in the judicial pro- ceedings to be taken thereon by the Com- manders of Her Majesty's cruizers in the exercise of their functions as Justices of the Peace. Article XI. If an offence is committed or damage caused, the Commanders of cruizers of the nationality to which the offender belongs, and in their absence the Commanders of the cruizers of the nationality to which the plaintiff belongs, shall estimate the gravity of the facts brought to their knowledge, and shall record the damage sustained by the plaintiff. They shall draw up, should occasion require it, in accordance with the forms in use in the countries of the two nations respectively, a Report as to the verification of the facts such as it may result as well from the declarations of the interested parties as from the evidence taken in the matter. This Report shall be admitted in evidence in the judicial proceedings to be taken thereon so far as their powers extend by the Commanders of the cruizers of the nationality to which the offending party belongs. Should the matter appear to be of sufficient gravity to justify such a step, the Commander of the cruizer of tlie nationality to which the plaintiff belongs shall have the right, if no cruizer of the nationality to which the offender belongs be in sight, to Article X. Dans Ic cas ou des residents generaien ou troubleraient h terre, par les actes, le sechage et la preparation du poisson et, en g6n&ta,\, les diverses operations qui sont la consequence de I'exercice de la pfiche Fran- ^■aise sur la c6te de Terre-iTeuve, un proems verbal de constatation du dommage caus^ sera drcssd par les Commandants des b&ti- ments croiseurs de Sa Majesty Britannique et, et! leur absence, par les Commandants des croiseurs Frangais. Dans ce dernier cas, le proc^s-verbal fera foi, pour la justice h rendre, en leur qualitd de Magistrats, par les Commandants des croiseurs de Sa Majesty Britann'que. Article XI. Si un deiit est commis nu un dommage cause, les Commandants des b&timents croiseurs de la nationality du d^linquant et, en leur absence, les Commandants des bAtiments croiseurs de la nationality du plaignant apprdcieront la gravity des faits parvenus h leur connaissance et constate- ront !e dommage cprouve par la partie plaignante. Us dresseront, s'il y a lieu, et suivant les formes usit^es dans leur pays, proc^s-verbal dc la constatation des faits telle qu'elle resultera tant des declarations des parties interessdes que des temoignages recueillis. Ce procds-verbal fera foi, pour la justice A rendre, dans les limites de leur competence, par les Commandants des croiseurs de la nationalite du deiinquant. Si le cas lui semble assez grave pour justifier cette inesure, le Commandant du b&timent croiseur de la nationalite du plaig- nant aura le droit, s'il n'y a en vue aucun croiseur de la nationalite du deiinquant, de s'assurer soit de la personne du dit delin- :3J 2ff lains des Com- de Sa Mtgestd sulterait aucune igais, et oti il n'y de de leur part lis difficult^, de >mmandants des tposeront pas a par les sujets knts generaien lar les actes, le u poisson et, en ions qui sont la e la pfiche Fran- Feuve, un proems dommage caus^ ndants des b&ti- est6 Britunnique 3 Commandants roc^s-verbal fera , en leur quality mmandants des »nn'que. secure citlicr tlie person of tlic ofTeudcr or qnant, soit de son bateau, pour les rcniettre bin boat in order to u;ivc tliem up into the entrc les mains des Commandants des bati- liands of the Commanders of tlic crui/ers of ments croiseurs de leur nationalile. the nationality to which they belong. u un dommage des b&timents du d^linquant mmandants des nationality du ravit^ des faits ice et constate- par la partie J, et suivant les proems- verbal ts telle qu'elle ons des parties ges recueillis. pour la justice k ur competence, croiseurs de la sez grave pour ommandant du malite du plaig- a en vue aucun ddlinquant, de c du dit d^lin- Articxk XI I. The Commandeis ol Riitisl\ and Fieneii cntizers shall administer iinnieihato j'lslici', within the limits of their jioweis, with rejjard to ihc complaints hrou;;i»t to their notice either by the interesttd parlies directly or throuj;h the Commanders of the cruizers of the other nation. AlvTICMi XIII. Resistance to the directions or injunctions of Commanders of cruizers charu;t'd with the police of the fisheries, ivi* 1. That portion of the coast situated between tlic extremity of Shallow Bay and the foot of the hill on which the lighthouse is placed, as well as all those islands which border tlie west side of Pistolct Bay ; 2. That portion of the coast situated between the mouth of Parker River in Pistolet Bay and Partridge Point, inclusive of the Island of Quirpon and all the islands adjacent ; 3. The entire circumference of the bays and of the shores situated between the northern entrance of Griquels Bay and the west point of the entrance of Outardes Harbour ; 4. Those islands adjacent to tha-; portion of the coast ; 5. That portion of the coast situated between the west point of the entrance of Maiden Ann (Havre de la Tete de Mort) and a point situated to the south of Conehe according to the latitude of the Point des Renards ; 6. The group of Islands Fichot, St. Juliens, the southern part of Belle Isle South, up to the parallel of the southern point of Green Island, and all the little islands adjacent to the portion of coast described in paragraph No. 5 ; 7. The circumference of Boutitou Har- bour; 1. La partie de la cAte comprise entre Ie fond de la Baie Shallow et Ie pied de hi coUine snr laquelle Ie phare est klev6, ainsi que toutes les iics qui bordent i I'ouest la Baic du Pistolet ; 2. La partie de la c6te comprise entre I'embouchure de la Rivifire Parker, dans la Baie du Pistolet, ct la Pointo Partridge, en comprenant I'lle du Kirpon et toutes les lies adjacentes ; 3. Tout Ie contour des bales et des plages comprises entre I'entr^e nord de la Baie des Griquets et la pointe ouest de I'entre'e du Havre aux Outardes; 4. Les ties adjacentes a cettc portion de c6te; 5. La partie de la cote comprise entre la pointe ouest de I'entree du Havre de la Tfite de Mort CMaiden Ann) et Ie point situ6 au sud de la Conehe par la latitude de la Pointe des Renards ; 6. Le groupe des lies Fichot, St. Juliens, la partie nidridionale de Belle-Ile du Sud jusqu'au parallele de la pointe sud de I'lle Verte, et tous les ilots adjacents k la portion de cote d^limitde au paragraphe 5 ; 7. Le p^rim^tre du Havre de Boutitou ; \ .1^ 4t- A--r .K 8. That portion of the coast commencing from Aiguillette Point turning round the Bras de Bides as far as the western entrance of the Bras de Bides, inclusive of the islands adjacent ; 9. That j)ortion of the coast commencing from tlie west entrance of Canary Gulf, and, fol'owing the coast, terminating at the southern entrance of Hooping Harbour; 8. La partie de la c6te partant de la Pointe de I'Aiguillette, contournant le Bras de Bides, jusqu'^ I'entree ouest du dit Bras et comprenant toutes les ilcs adjacentes ; 9. La partie de la c6te eommen^ant A I'entrde ouest du Goulfre des Canaries, et venant, en suivant la c6te, se terminer a I'entree sud de la Haic sans Fond (Hooping Harbour) ; h '.I 10. That portion of the coast following 10. La partie de la C(Me suivant Ics the sinuosities of the following bays — sinuosites de chacune des baies — Fourclic, Fourclie. inge. Great and Little Calves; Orange, Grandes et Petites Vaches; ge trouvent le e mentionn^e au ;^ap St. Jean.) comprise entre le et le pied de hi re est ^lev6, ainsi ident i I'ouest la : comprise entro ! I'aritcr, dans la nte Partridge, en on et toiites les lU' ,ivl» /f.s. Haie . aies et des plages rd de la Baie des it de I'entre'e du cettc portion de comprise entre la Havre de la Tfite e point situd' au latitude de la ■liot, St. Juliens, elle-Ile du Sud nte suil de I'lle cuts h la portion )he 5 ; c dc Boutitou ; partant de la ournnnt le Bras est du dit Bras adjacentes ; /\jj \ commen9ant A les Canaries, et se terminer a Fond (Hooping te suivant Ics )aies — Fourclie, 'aches ; U(> V) o R \> fi-^' >-~' e-vf?' ,1 «f"'"jl ^"•■"'\^#1 \l''tirs Sitnafft-.s ^4^ : s Va-"- u-* y //'.v"/i,/*^. r>/('.S "■!„,■/ C<"^ , I,, >""'"""•' t ii-V'i:; !■'■./„ |v ^'^''■iir.h. r' i-:„ II.- , / h;,i,„i .ly.lnli,,, '''.>: //••■ ./.. ( ":) ,.,./ /'.:■. . /"'.Lv ?■...-'... r-vr H.iK- S' ■'•■an ' \ ,. ;,s'./.,„.>:7. ' >- \t '"""o„ "->„„/ I ^ '" 'x^y-M II'. 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AW5 Siifiitil . l-V:i**rfi-< Cliirr I'lnl Kihmuiil h'lirlif Fiiimll / ni ii I iimity ^ ji^-^-... ,(i \\/l,„..li, Mile, ././ Hail' . Ciil-lf iililiriii II I iiriiiiiiif nil ii' ilii /■!''' Xiunil'ii I^S.' ril/'/f/' ■"■ • /I rill rir--- il' '/rrrr \iini iii ri nnl -in ill I All ? rill rill iiirniii/ilii'iil < r ■inr:i/i' LE GENDE . ; 1 /,.^ /,,,rlii'.-< I III li/li ml /llll/ll.S III lilKJI .-""' >'"<■■• ■■" '' /■.i.v.rn, inrni Jr 'n /^i/"'''l"/"' iniiKfii'-' ■ N '.'/"-/".'/'' '' " ''' " /in'/i.-^i III I'll (III"'- '" •n.i/K'ii >l<-- ICsiiihli-^siiinrils iiiii>--"l III ■!'•'' <■■-' ''''"" '•'" I,,- /riii/r.^. I, ilriil iirrr li /■ii.->i'ii . ■■'•■ '""■-' ,,„,■ iiliii ilr riiif.r. /.Ill /I'll/ .ii-lii'r. ,,iir rhin.-^ l,s/.i;i/>n.'..-< '■!, '■.<:-. Irl.is ,uW.-.^..irr ri. jOt % '^ 'i?. r K ^ i;i- ^A.,,, C: /'-• .",1,1 , / ^•'^/ L:::> ^ M V. .r ^^. w"' . r-^ / 11-:; '>^, / / -III'* Miirr,S'rt'.y>i.» -''^ .-■^ 'a 5 x:^*^- >-- — ^- " :c^ ! I E '\^ M 1 ta^-- llr " -A^-' (■,/■■ /l-.lW' ♦ ■■'■ir- \ \ ■ \\ ; / . / .-• -m. \ \ ■•■• \ {f- ^^=^4i .iv >^ .1 hA'if^t/ ^ i jiJ:^ s-i:,^ V >// t' All ^-^#*t i>r>/v<-^ .:u ^vv^ .^''' \^ /•^•r^^- K ^•^....,v. u / S' 'ill If ^/ V X «(> r.« / ^i:=^=--:r^.^^1s-/'-' a^; ^^^^^ ■ j>-' ^' \\<>i>-' •^■•1:1 l-s-'--"'' i^ E u \^' y- lE Y (1- ) r^> i^^^^j-" i '^> 1. IfiuiiliJni V^ <^^'g_ ^[ \ ,/ /V '^ ''-(r^^^'> i % ^^ / '0 U\ r <.•-' y^ / > V" ,^^-'0 u .V' .^^^ ^ ,^' i i|,iV ,-€r^ I //' 4, ^> y ('.y /hid. .'(•< / \ (/ w v / H/ '// -'-^ ".. r S|..Mr \ O-^-^ I* K N 1 3(i s r I, I-; A \ A I . o N K k- 1 ^ V^ A^'^.^i — i' \\^ ■^ /-'T- K L K ihj- Av' a a L^KN (.\ W .s' I'iciif V^^-i ,,u V- >■ / ^^ N^ r S"'Attn('-^ r" i-> X/ 5^ 11/ f V \V-- ^^ ! L, /A'5 i- R.u... c'^^ r.n" 50 :fi I 29 11. That portion of the coast situated 11. La pnrtie cle la c')te (M)nin'><.' cntiv between Cape Partridge and the pnridlel of Ic Cap Paitnd.;e et le paiailMc do la pointe the southern point of the group of islands sud du giojpc dcs lies du Pot d'Rtain of Pot d'Etain (Coachman'B Cove) ; (Coachman's Cove) ; 12. That portion of the coast situated 12. La partie dc la clegat(^s to that efieet, they hav(> been authorized to declare that, after the exchange of the ratifications of the said Armngement, the Government of the French llepublie will raise no objection to the creation of a British Consulate at St. Pierre. Paris, November 14, 1885. No. 11. Administrator Carter to Earl Granville. My Lord, . .^ , Government House, Newfoundland, March 1, 1880. I HAVE the honour to acknowledge the receipt of the Right Honourable Colonel Stanley's despatch of the 2Gtli January last, inclosing papers and Maps in connection with the proposed Arrangement of French fisheries on t!ie coast of Newfoundland. i i 31 g aoussifjnds j-vcrbal ilu aturc. J» Paris If :nMiDr. ve ay ant, aii nvenients do MIS sc livrent r cct ctiit do cs n^cessaircs rdire. par voii" St.- Pierre, cii ;lle qui sciait luverncment a de la Colonic jvcnicincnt dc } reglciiicnt de i^s Anglais, ils Ic dit Arrangc- ction contre la ission having )cr, 1881, the carried on by the rrcjich alVaivs. *sary measures this end, to and vessels er quantity of ir (lovernment laudant of the llor Britaiinie lulatiou of the Dfh'i^ates to •lian!,'e of the llcpublie will nrch 1, 188(5. lourable Colonel connection with nd. i HIS Copies of the despatch, with the several inclosurca and Maps, have been transmitted to the Executive, to be withont dehiy laid upon the tables of both Houses of the I.rgislatuic. 'Jhcie has not i)een time since (he arrival of the mail to have personal communication with the members of the Kxicutivc on this inqiortant subject. I have, &c. (Si-ncd) F. IJ. T, CARTKR. No. 12. The Eiirl f>f Rnsrbei\i to Mr. Kijrrlon. Sir, Vorriijn Office, March .'10, 1886. THE French Ambassador called on nic to-day, and slated that the oltject of his visit concerned the question of the Newfoundland (ishcrics. His Excellency observed that be understood tluit whilst the opponents of the recent Airnngcment in the Colonial Legislature did not intend to ort'cr any direct opposition to it, they mcimt this very day to move the rejection of the clause relating to the purcliase of bait. His Excellency had also heard that the people of Newfoundland were under an impression that the French were not much in earnest on this question, but he was instructed by his Govcrnnient to use the strongest language on that point. The French (lovernment bad exhausted every concession in the matter ; they bad asked the people of Newl'oimdiand, " Fs that your very last word on the subject?" and they had received an aflirmative reply. On that assurance being given they had agreed to the present proposal. H" this were rejected nothing more could be done. The French Government, his Excellency added, would insist in that case on the strict observance of their Treaty rights. His Excellency concluded bis observations with the remark that he was about to seek an interview with Lord Granville, in order that he might make a similar representation to his Lordship upon this subject. " " I am, &c. (Signed) ROS'-.HERY. No. 13. Colonial Office to Foreujn Office. — {Received June 7.) Sir, ^ Downing Street, June 7, 1886. WITH reference to ])reviouB correspondence, I am directed by Earl Granville to transmit to you, to be laid before the Earl of Rosebery, printed copies of three despatches from the Governor of Newfoundland, and of a Report by Mr. Pennell, in connection with the fishery arrangements. I am also to transmit a copy of a telegram since received from Sir William Des Voeux,^ from which it appears that Mr. Pennell may be expected home in a few days. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosurc 1 in No. 13. Governoi Sir G. Den Viru.r to Earl Granville. My Lord, ^ Goveriiment House, Ntwfoundland, April 27, ]SSCt. I HAVR the honour to inform your Lordship that ii meeting of tbe Executive Council was held here yesterday, Mr. Pennell being present, at which I brought under notice the subject of the recent Arrangement between the Governments of Engl.md and France with rclercnce to the fisheries of tbe Colony. 2. By way of introduction to the discussion which ensued, I gave a short summary of the circumstances which bad Icl uj) to the present juncture. 1 said that Her Majesty's Government, with an anxious desire to settle once and for all a question which mav be said to have been pending for more than a century, and which bad frequently threatened serious international complications, after doing all that was practicable to ascertain the 92 views of tin- (•()Ioiii>ts, mid afti r |iiol()ii;ji'(l iir^oliiUionH with tlio Goveniiiient of France, lind at Icn^tli c'(.iu'lii(U'(l a provi^tioiiiil AiniiiKcinent with tiiut I'owcr in April 1NS4. In iikUt to consult the ('oU)niiil (lOvcrnnuMit, and witii a view to ohtiiin clenrly uiid finally tile ojiinions of thos,- most intcrislrd in tiic dctailn of the aiTan!j;cinents, ller Majesty's (lovcrnnirnt had siiljsc(|nrnfly dispati'iii't(uiti;illy conceded, and it was naturally supposed fliat the Airaimeinent in its ainciulcd foini would receive the full ami loyal support of the (jovcriuiuiit of this Colony, ller Majesty's (iovernnu'iit had naturally tiikcMi it lor j;rantcd that there would he no departure here from what was n leadin;; principle of icsponsihlc <;overnment in lCn;;lftn(l, namely, that hy whieii the successors ot an Adminis- tration carry out its uiidertakiiij;s with the outsid." world, even when opposed to their own views of cx|)edieMcy. They could not have supposed hcftirehand that a chanjje in the personnel of the (lovernmeut would niake any diU'erence in the ohIiLtation to 8U|)port the Arrani^emcnt, and it was therefore with much surprise and very ^'leat (lisapp;)intmcnt that they had learned of the iiresent dilHculty, which apparently thrcatenetl to nullify the Arrangenienf, and to rciuler futile all the paiii.s and hihour wiiich had heen devoted to it. In the earnest hope of overeouiinj; tliis diiliculty I would now n>I\ tliein to state to inc the ohjcctions which they took to the Arraiiu;ernent ; for while I was ahea ly aware of their general nature, it was dcsiiahle th.it I should have them helore inc otlicially. 3. In response to this invitation the Premier, Mr. Tliorhurn, after mentionini; several minor ohjcctions, which were evidently rcii.irded as of comparatively little importance, finally hri mrl.t forward the principal one, which is iu reference to the Wlltli clause, on the suhject of the huit supply. 4. Tlie representations made on this suhjrct hv him and other tncmhers were in effect these : 'J'liat the houiities i^ianted in aid of their fiNhermen hy the i'rcnch Coverninent, together with tlie unfair advantage possessed hy them not only iu France hut in the ini|)ortant market of Sjiain, were threatening serious disaster to the most important industry of the Colony, which was already in so depressed a condition that a large nuinher of the peo|)le were in a condition of great distress and sntl'ering ; that there was a general hclief umoiii,' the peo|de oft'.ie Colony that in withholding or checking the sujiply of hait there was a ready means of contracting tliis ailvantagc on the part of their competitors, and they were therefore unwilling to give up what was regarded as the key of the position and the only availahle means of saving themselves from ruin. It was also urged that the feeling was so generally prevalent and so ed prohibition was permitted, and was capable of heiiiK practically enforced, the French fishermen would he able to obtain all the bait thev required from Ticuty waters (rom the 'JOth April, and it was ol)vious tiiat any disodvantage under which they would labour owing to this delay of about three weeks could he compensated by an addition to the bounty. If this addition were to be only sudicient to place the fishermen in t'ne same position ns ther were before the prohibition, the object of the latter would bo entiielv defeateil, not to mention the harm done in enibittorini,' the ivlutions of two pv'o|)les whoso iVic'idship was even more desirable here than elsewhere owing lo their interests being hrou'jht so niueh in contact. ,ji There wa.s, however, n very great danger, iiifleed there was a very hinh probability, '§ that i\w immediate result of such an ill-advised measure would be worse than tliis. Impelled by a desire not only of advancing the interests of their navy, nnd of their own jK'ople, but of bringing retribution upon a foreign Colony which liad endeavoured to injure them, the French Government woulil in nil probability make a larger addition to Iho bounties tliaii that indicated, and in that case the industry (-f the British tishoriiien would, it was scarcely necessary to say, be destiosed altogether. For these reasons it was easy to Fee that the determination of Her Majesty's Government to permit no bait proliibition measure was not a merely arbitrary one, and dictated solely in Imperial interests, as was sometimes supposed, but was really and truly for the best interests of the Colony ; and whether this was so or not, its very existence rendered futile the objection to the Bait Clause, while iiisistancc upon this objeclion placed in serious peril the conclusion of an Arrangement which in all other respects was without any (piestion very greatly to the advantage of the Colony. I- For whatever might be the jjrojicr interjirctation of the Treaties, the evils which had resulted from the standing doubts on the point had been practically as great as if the French view of them had been actually accepted. Bv the acceptance of this Arrangement all of the most serious of these evils would \ come to an end, and leaving the Bait Clause out of consideration, all the other concessions J under it were distinctly to the advantage of i5ritish intercst-s. j^ On the other hand, beyond the gain which was shared by both nations in tlic scttlo- ;^' nient of a matter of long-standing dis|)ii(o, the only advantage accruing to the French was the recognition of a right to purchase bait, which they had always enjoyed in ■'^t practice. The French could nut be expected to give up everything and to gain nothing 'H in return, and the recognition, even if it were a greater disadvantage to us than it is, ^ would be immeasurably outweighed by the removal of obstructions to the opening up of the Colony, and the other benefits accruing from the Arrangement. But, for reasons before given, the Bait Clause did not involve any disadvantage which was not likely to be sufTered in much greater intensity if the sale of bait were prohibited ; so that, in fact, in every single respect their interests pointed to the confirmation of the Arrangement as the best course open to them. C. Finally, after describing the serious results which were likely to follow the rejec- tion of the proposed Arrangement, which it is unnecessary to specify more particularly here, I pointed out the extremely difficult position in which ller Majesty's {iovernineiit would be placsd, as regards the Government of France, if the present Administration of Newfoundland were to fail to fulfil the obligation with regard to this Arrangement which had been incurred by their predecessors in office, and I urged in the strongest manner that both the credit and interest of Newfoundland required their loyal support to a Convenlion to which they would be regarded by the outside world as practically plcJgeil. 7. Without going so far as to say that the members were convinced by what had been said, it was clear that it had considerable effect upon them ; but it was also etjually evident that the consideration uppermost in their minds was the impossibility of inducing a majority ot the Members of the Legislature to take a view such as that which had been presented, strongly biassed as they were in the contrary direction, and at the same time stimulated to opposition by the violent language of the press, whieli iu this respect, no doubt, represents the general opinion of the public. 8. The only immediate outcome of the meeting, therefore, was the adoption of a suggestion of the Premier that Mr. Pennell should be present at the next meeting of the [269] E !*• ;l 34 Parliamentary Committee which was considering tlie Arrnn<;enient, when he would have tiio opportunity of urging upon thrni the views which I liad expressed. 9. My own attendance before the Committee, whicii was also suggested, did not appcir to nie advisable as being likely to defeat its object. For, however careful my language lUiL'ht be, it would be ditHcult to avoid the appearance of dictation, which, on the part of a (lovernor of a constitutionally-governed Colony, there is usually a not unnatural tendency to suspect and resent. 10. Judging from what I heard at this meeting, and from the opinions of colonists <'X pressed elsewhere, I entertain but a very faint expectation that the .\rrangcment will hi- <.'onfirmcd in entirety this Session. 11. If complete confirmation shouhl prove to be out of the question, [ propose to use every cHort to obtain the approval of all the other Articles of the Arrangement, the Bait Clause being reserved for future consideration ; and at the worst I can scarcely doubt of securing the post|)onement of the whole (juestion, whicii, however undesirable, would be better than the absolute rejection of the Arrangement. 12. If the (lovernment of France would C(;nsent to aeccjit tlie undirtaking of the British (iovernmcnt that sanction would never be given to any local bait sale proiiibition measure, it appears to mc, and in this Mr. Pennell agrees, that the Bait Clause might with advantage be omitted. In that case 1 should have good hope of the confirmation of tlic .Airangmient by the Legislature, and I shoukl have no doubt on the point if, at the time tlie deeision of the Members was asked, I was able to announce tiiat Her .Majesty's (Jovernment had obtained, or was certainly about to obtain, from the Spanish Government, the concession of most- favoured-nation tieatment to Ihitish im|)orts, thus relieving the products of this ('olonv from the very serious disadvantage under which they are now placed as compared to the French. Mill/ 1, \bS6. 13. Since the above was written .Mr. Fennell has had two interviews with the Committee, and though he, 1 understand, made able use of all t!ie arguments which his unsurpassed knowledge of the subject places at his disposal, they were, I fear, unavailiiig, as the minds of Members are evidently quite fixed in opposition to the .■\rrange:i:ent. H. While I deeply regret tliis result, I cannot say, my Lord, now that I know all the circumstances, that 1 am altogether surjjrised at it. 15. The colonists believe that they are being ruined by the French, and thev regard a nuasure of bait sale prohibition as the only means of escape. Thev reeosrnize the probability of its disallowance by Her Majesty's Covcrnment, hut sav ill fact that while their destruction is jierliaps inevitable in any ease, they mu-t decline to commit suicide. If the market price of the colonial products were to rise, or if some substantial moditieafion were to take place in respect of the ad\anta.;es now pos.-esscd by the French, this iii;id attitude would probably be modified ; but in the absence of any siich change in the situation, 1 tear that tiie attempt would be hopeless t,> obtain the consent of the Colony to any arrangement such as that proposed. I have, &e. (Signed) G. WILLIAM DKS V(EUX. Inclosurc 2 in No. l'\. Giiri'.nor Sir G. Des I'ini.i- to Eiirl (huiivillc. Mv LokI, (ioverninent Iloiisr, i\'firf(iini(lliiiiil, Moij I 1, 18'^G. Till'. Resolutions wiiiiii 1 have the honour to inclose weie lately passed by the Legislative Council of this Colony, and were loi-w,irde>l to .Administrator Sir Frederick Carter with a rc(|uest that they mi^ht be transmitted to your Lorclsiiip. '1. I do not deem it expedient at present to make any remark on the suliject of tiicsc Resolutions beyond this, that they give expression to wliat is unl luhtcdiy a very general leeiinu among the peo|)le of this ("olony. I have, &c. (Sigi:ed) C. WILLIAM DBS VtKUX. he would huvo 1 tlial I know all 35 Iiiclosurc "J in No. 13. Itflsoliiliniix of lli<^ Lti/ixlnlire VouncU of XiirfoumHiind, WjlKinCAS by AH 12 Vict., cnp. 'J, «(«(•. 4, it is cMinctcd that : The owner.-!, master..;, ai'.d other ptrsoiis maiia<;iiit,' or I'ontiolliii!; vossels cnnvfyiiip; hcnint,'s in bulk between the 20ili (lay oC October in any yeiu- r.iul tlio iStli day of Aprii in the tollowina; year shall be deemed to have hauled, cauijht, or taktn such heniiii; eontrary to the piovi.sions of riiapter 102 of the Consolidated Statutes as aniculed by tlie said above-rceited Act. .'^lO Vict., caji. (), aiul by tliis Ai't, unites si 'jli ownci', master, or other person aforesaid shall make proof to the contrary before a .liistiee of the Peace : .\nd whereas by the above-(]uoted Aef our lisliermen and ship-owners have been and ])riieticaily are debarred tVom conveyini; herring for bait purposes from our shores before the IStli day ol April in each year : And whereas a very Xav^c number of the Frencli ti-ihinir-vesseh, amoimtinj? to over UK) sail, have, between the 1st and 12th days of A))ril instant, entered, harbours on the south-wot part of onr coast, where they possess no (isliing i)rivileges, and have procured lierrin^ ami cari'ied fiieni away in bulk, thu< defeatiiiLr the intention of the said Act lor the protection of the herrinj; fishery, and doing that from which British vessels are debarred : .Vnd where:is the most vital clause in the .Arrangement, between the iMiglish and Fier.t h Govcrnmenii!, and the one to which the greatest importance is attached by the French, and wliicli they are most urgent that the Le^uislaturc of Newfoundland should assent to is as follows : — " .Article XVII. French fishermen shall have tlie riglit to purchase bait, both herring and capeliii, on shore or at sea, on the shores of Newfoundland, free from all duty or restrictions, suhse(pient to tbe 5th April in each year and up to the close of the tisliiug season " : .\n(l wlareas it is abundantly clear from the foregoing clause that both tiie Knglish ami French Ciovernments. equally with this Colony, understand that at present the Frencli have i:o right to obtain herring bait from tin-; island belore the 17th April : Therefore, resolvid, that this Council, considering the action of the Treuch fishing fleet in 1 his matter has been in violation of the clearest understanding of the rights of tbe Colony within its territorial waters, .strenuously protest again.st the same, ancj reipiest that Iiis E.Kcellency the Administrator in Council will be pleased to bring this evasion of cur local Statutes to the notice of the Imperial (iovernment, to the intent that Her .Majesty's tJovern- ment may nuike such representations to the (Government of France as shall prevent a repetition of the acts com|>lained of, and to which, if persisted in, this Colony will be com- pelled to olTer every resistance within its power. Passed the Legislative Coimcil the 20tli .\pril, 18S(i. (Signed) !•:. 1). SUKA, President. )r,s v(FU\. sulijcet of these )ES VtKUX. Inclosure 4 in No. 1.3. (loi-eiiinr Sir G. Pes P'wii.v to Eiirl Grtuirillr. My Lord, Corernmenl House, Xewfouinlland, Mai/ 12, I8»(). IN my despatch dated the 27th April and 1st May I informed your Lordship of what had occurred up to that time from the ih\{i' of my "arrival in comuction with tlie important Fisheries question now before the Legislature. 2. Since then the position has frecpiently eiianged, owini.' to erfbrts of various kinds to divert the adverse current of opinion, tiiougli I am scarcely able to say that it is much improved. ■i Some time last week the proposal was made in the Conunitfre of t!ie l.egislatuie which is intrusted with the consideration of this subject to waive all the objections to the Ariangement, and to reconnnend its acceptauce, if the French Covermnent woidd pledire itself to abolis'.i the bounties which are believed to be rendering destructive the con |)ctilion with the tislury industry of Ibis Colony. Though tiie chance of the abolition appeared to be snuill, unless such a measure had been already contemplated bv the French Govrn- nu'nt, a rumour of there being an intention of the kind had reached here from French merchants interested in the maintenance of the bounties. [200] F 2 36 4. As this proposal appeared to afford the only cliance of passing the Arrangement in its entirety, and tiie resulting discussion would at least delay the movement towards absolute rejection, I was anxious that the suggestion should come before the French Government in the form most likely to be acceptable. It seemed to me that while the French fiovernment might possibly be induced to express an intention of doing what had been, or might appear to have been, already contemplated, while the ultimate decision of the question of the Arrangement here was still in doubt, they would certainly reject such a proposal if brought before them ii. the shape of a formal condition attached to the accept- ance of the Arrangement by the legislature. 6. I tiierefore endeavoured, through my Ministers, to secure an alteration of the proposal before the Committee, so that it should take the form of a Resolution to be forwanled to me expressing a willingness to rccou)mend an acceptance of tlic Arrangement if, after communication with your Lordsliip, I should be ai)le to obtain an assurance from the French Government of the kind described. Having with some didiculty attained this object, I was surprised and disappointed to hear that when the Resolution, in its altered form, was brought before the Committee, it was rejected, the adverse majority of one having in it a member of the Government whom 1 had every reason to suppose was favourable to the proposal, inasmuch as he had heard all my arguments on the subject without giving the least .sign of dissent, and had left me in entire ignorance of his real views. 6. Under these unpromising circumstances, I felt that the only chance of success lay in an endeavour, by nitaus of personal interviews with the individual members of the Connnittee, to obtain a change of opinion. 7. I was inclined to think this might have a successful result in the belief derived from what was being published ou the subject, that much of the opposition encountered was due partly to a misconception of the facts of the situation, and partly to an exclusive regard of i)aiticular jioints of the Arrangement with the conse(iuent failure to take a view embracing the whole cjuestion. 8. 1 have accordingly had several long interviews with various members of the Committee, and while 1 anj not without hope that I have, in the case of most of them, succeeded in producing a modification of their views with regard to the whole (juestion of the Arrangement, I iiave some reason for confidence that at the meeting of the Committee to be held to-day the minority with regard to the proposal on the subject of tlie bounties will be converted into a substantial majority favourable to a Resolution which, though somewhat altered in form (in deference to personal susceptibilities), is in its substance and object identical with tlie proposal previously rejected. 9. If the result of this meeting should be in accordance with my anticijjatioii, I pro;)oSv? to telegraph to your Lordship the purport of the Resolution. 10. in the interval of delay which will probably occur before the answer of the French Government is received, I shall consider the possibility of making a last effvirt to induce the acceptance of the Arrangement in the very probable event of a rejection of the new pro|)osal by the French Government. Though the deeply-seated prejudices and the curious ignorance which prevails generally on this subject do not permit me much hope of success, the substantial cH'ect which has been produced upon individual .Members ol the Legislature within the last low days seems to suggest a pjssibility which, however slight, is sufficient to preclude absolute despair. 11. I have at least succeeded, with much difficulty, in bringing about unimiinity among the Ministers on the proposal with regard to bounties, and I am not without ho|)e that this consensus may eventually be extended to the ex|iediency of accejHing tlu Arrangement, even if the bounty proposal should prove inetlt'ctive. I have. Sic. (Signed) G. WILLIAM l^KS VUiUX. '$. Inclosurc 5 in No. 13. Mr. Penncll to Colonial Office. Government House, St. John's, Newfoundland, (Extract.) ^ ^f„!f 12, 18811. I llAV'Fi the honour to acknowledge the receipt of your letter of the lOtii A|)ril last, in-'tructin.j me to proceed to Newfoundland on business connected with the 57 Arrangcincnt in vement towards ore the Frencli 3 tliat while tlie doing what had Tiate decision of Illy reject such a ;d to the aocept- Jtcration of the U'solution to be he Arrangement I assiiriince from ilty attained this an, in its altered majority of one to su[)|u)sc was } on the subject ancc of bis real :c of success lay members ol the lie belief derived ion encountered ' to an exclusive e to take a view iicmbcrs of the f most of them, hole question of if the Committee . of tlie bounties I wiiich, thougli ts substance and |)ation, I |)ro;)oSii answer of the a last elf.irt to rejection of the udiccs and the le much hope of Menil)ers of the however siigiit, jout unanimity t witiiout hope accepting the IKS VUiUX. ■*l fU'fouiullaiul, the 10th April L.'ted with the Arrangement which was signed at Paris on the Hth November, ISSr), relating to the Newfoundland fisheries. I have now to report, for the information of Earl Granville, that, in accordance with his lordship's instructions, I left England by the mail-steamer leaving Liverpool on Tuesday, the 13th April, and arrived at St. John's on Thursday, the 22nd of that month. On Monday, the 2fith, a meeting of the Kxeeutive Council was held by the Governor, •who requested me to attend. At this meeting the objections entertained l)y the Govern- ment and people of Newfoutidland to the Fishery Arrangement were pointed out by the members of the Council, and have been reported upon by Sir William l.>e;s Vceux in a desi)atch, dated the following day, which he has been i:o(id enough to show me. At the conclusion of the meeting it was suggested tiial I should attend before the Joint Committee of the two Houses of the Legislature, and hear from them more fully the nature of those objections, and offer to the Committee the views of Her Majesty's Government in regard to them. I accordingly attended the next meeting of the Committee, which took i)lHce on Wednesday, the '^Hth April, at which the various objections, with the exception of that relating to Clause XVII (the Bait Clause), taken to the Arrangement, were brought forward and discussed, the Halt Clause being reserved for separate discussion at a subsequent meeting. I'his meeting t* jk place on Friday, the aOth, when the objections to the clause in (juestion were fully set forth, and it became quite evident tliat there would be no possibility of inducing tjie Committee to accept this clause, wliilst the present bounties given by the Fiencli (jovermnent for the encouragement of their fishery are continued. I annex copies of three printed pa|)ers, sbowinpr the draft Reports and Resolutions which were before the (Committee at the time of my arrival. Tiie Reports and Resolutions show the various objections entertained by the Committee to the terms of the Fishery Arrangement signeJ at Paris on the 14tli November, 1 88.'). It will be seen that the principal objections entertained to tiic Arrangoment have reference to — 1. What is thought to be the insuflicicnt definition of the concurrent right of fishery on the (inrt of British subjects with the French. 2. The powers given to the C"inmandeis of French cruizers. 3. The provision allowing to the J'\ench tiie right to purchase bait. The feeling among the members of the Committee, and generally amongst all mcmhcis of the community here, against allowing the French this right, whilst the French (lovernmeiit continue to grant bounties on fish taken by I'"rineli fishermen and exported to foreign markets, is so strong that there is not the slightest probability of the .\rrangemcnt passing the local Legislature unless this dililculty can be overcome. This became amply apparent in the course of the proceedings of the Oi)mmittee at which 1 attended, and, at the conclusion of the secon;! day's proccjdings, I asked the Committee to consider whether, if the French could be induced to substantially reduce the bounties now given after 1891, when the rates now fixed by law terminate, they would recommend the acceptance of the Arrangement on the understaiuiing that the French (Government would consent to Regulations being made by Her Majesty's (iovernmeiit for the guidance of the naval ofliccis on the station in determining their action in regard to what should constit'ite an interruption to French fishermen on the part of British subjects, and that Her Majesty's (jovernmcnt would use their utmost endeavours to obtain from Sjiain the niost-favoured-natioii treatment for fish imported from Newfoundland. On the second point above mentioned, viz., the adoption of llegulations for the guidance of the naval officers as to what should constitute an " interruption " of French fishery, I may observe that the French Consul had informed me that he had been authorized by his Government to state that they would consent to this course. On the ;^Oth April the Committee adjourned to consider the proposal which I had suggested. At a meeting held a few days later the Kesolutioii marked (A) was proposed to be substituted for the Resolution at the end of the Report. The ('ommiftee adjourned without coining to a decisior on this proposal, and I subsequently had an opportunity of speaking to Mr. Harvey, the Chairman of the Committee, on the subject of it. I explained to him that Hir William Des Vumix and I thought that there was great objection to the aluive proposal being madi' as jiart of a Report to the House of Assembly, that it would look like a threat to the French if the acceptance of the Arrangement were conditionally agreed upon by the Legislature ,38 in the manner proposed, ami moreover tliat il' tlie lleport were now made to tlie Le^islafure and agreed to, tlie effect would be in all probability to postpone the Arrangement to some future time, whereas Iler Majesty's Government were most anxious that it should be accepted during the present Session. I suggested to Mr. lliirvcy that the form in which we wished the matter to be dealt with was by a Resolution to the Governor under which he might act at once, and endeavour tiirough Her Majesty's (lOvcrnnicnt to obtain iVom the French the undertaking re(|uired, the lleport to the Ix-gislatme being mean- while siispenfied. 'Ihe Resolution marked (li) was accordingly proposed at a meeting of Couiieil held en the 5th instant. It was considered in a small Cominittee, and was defeated by a majority of one, the numbers being tive to lour, one of the members of the Government unfortunately voting against his party, and the Committee adjourned until to-day, the i^th instant. in the meantime, the Goverr^or yesterday held u meeting of his Executive Council, the outcdmc ol' which has been that a Resolution is to be put to Ihe Committee to-day upon the same subject, and as it is expected tliat the Committee will be a full one, and as the Governor has recently had an opportunity ol' speaking to some of tlic members, who will now probtibly vote in iu-> favour, it is expected that the Resolution will be carried by a good majority. 1 he Resolution is inclosed, marked (C), and the result will be comniuni- CJitcd to i.ord (iranville by telegraph. 1 inclose newspapers showing the general feeling on the Arrangement in the Colony,* and al>o an extreet from the " Taril Otfieiel des Oouanes de France," September ISs5, giving |)artieulars relating to the bounties granted by the French Government. inclusure in No. 13. Report. TIIF Joint Select Committee appointed by the Legislative Council and the Mouse of Assembly to consider the Arrangement proposed to be entered into by the Governments of Great Britain and France, relative to the Treaties between the two countries on the subject of the Newfoundland tisheries, beg to report that Ibey have carefully considered all the stipulations contained therein. It is apparent that the Imperial Government have strenuously endeavoured tr) carry out the suggestions that, from time to time, have been made to them by the Legislature and the Kxecutivc of this Colony. Under this Arrangement mining and agiieultural industries may be prosecuted by English subjects, and n)any important territorial rights, to the exercise of which the French have at different times objected, are by them conceded. The Committee fully appreciate the endeavours made by tiie Imjjcrial Government to carry out the views and advance the interests of Newfoundland evidenced by many of the clauses of the Arrangcnent; but the Committee have, after the most careful examination, arrived at the conclusion that it is quite impossible for the Legislature, having due regard to the position of affairs in this Colony, to agree to other conditions of the proposed Arrangement. Among the objectionable stipulations the Committee would especially point out Clause XVII, whereby Newfoundliind is called upon to surrender its right to restrict the export or sale of bait, thereby resigning the control of this the most vital necessity for the prosecution of the cod-fishery, and binding the Colony to furnish our bounty-fed rivals in the future with an unlimited supply of this important requisite, to enable them to drive out our most important staple from the markets of the world. Tile Counnittee therefore recommend that the Legislature decline to assent to this Arrangement, and they append a statement of tiie present position of the bait question, and some suggestions for legislation thereon. • Not printed. ) till) Lc^isliiture Arrangciiient to IS tliiit it should lint tlic tbrin in (iovenior under nnicnt to obtain no bciui; nican- ;i\ ut a niei'tinij miltec, and was members of tiio : adjourned until ccutivc Council, omuiittc'c ti)-(lay full uiH>, and us c mcnibcrs, who I be carried by a .ill be couuuuni- igcment in tiic les de France," by the French ind the House of Governments of rs on the subject nsidered all the ivourcd to carry the Lci{i>ilature -■ prosecuted by e of which the Government to by many of the ul examination, u'c, having due of the proposed tally point out strict the export eccssity for the uty-fed rivals in lem to drive out iiFscnt to this lit question, and S9 Inclosurc 7 in No. 13. StatHment referred to in Ihr lieport of the Joint i-felert Committee on the Arrnngement between Great Britain and France relative to the New/ounillrind Fisherien. THE throe bait fishes with which most of the codfish on the Banks of Newfoundland niid in deep waters in the vicinity of the island are caught — the herring, the capelin, and tlie s(|uid — can be so much more advantageously taken in very shoal water than at greater depths, that iiractically supplies can only be obtained in the harbours and on the beaches of tlic Newfoundland coast. One of the stipulations of the Treaty of Washington was that American vessels, iisliinr? for cod, should have the right of taking these bait (ishes on all the shores of New- foundland ; and, although they, as a rule, found it more advantageous to buy their bait from resident fishernicn than to catch it for themselves, no privilege was so much availed of as the obtaining this supply of bait. The evidence taken before tlic Halifax Oommission showed the vast advantage of fresh bait in the inoseeution of the cod-fisbcry on the Banks. Until within the past four or five years the disastrous effect of supi'lying the French with bait has not been so apparent, because the French IJank fishery was almost entirely carricil on by Inr^o ships fitted out in Kraiue, which took back nearly their whole catch to be coiisiinied in that country- tlic small leniaiiuUr left at St. Pierre finding its way to the French West liulies — tiIkI forasmuch as only I'Vench-tMUubt fish was allowed under any circumstances to be in\ported into France, Newfoundland fish seldom, if ever, found it licd tli:in imply that it is, we may surely proliibit our own lisliermen piiividiiig loreigners wit'i the means to dt;>troy our principal indiistiy. We may surely say to the Ficiuh that "We will sell no bait while you |my a bounty of three- quarters of the value of the fish to drive us out of all the open markets of the world." And to the Americans: "We will sell you no bait until you permit the fish, its 40 produce, when taken by our fisliermcn. to enter your markets on equal terms with your own." The Petitions wliieli have been refcrreil to this Committee by the Legislature show that n large number of those who have been engaged in supplying bait to foreign fishermen, having seen the injury tl)nt is accruing to this Colony thereby, now ask that this tratilc should be suppressed. A portion of one district alone, that of Fortune Bay, appears to be desirous of continuing the trade in biit with St. Pierre, a trade which, so far as the imports thence to this Colony are concerned, has been to u large extent illicit ; it has defrauded the revenue, increased the burden of taxation on honest traders, and demoralized those who have taken part in it. The suggestion contaiiieil in the note rerbale a|)pended to the Arrangement, that if Newfoundland assents tiiercto a Kritisb Consul would be acknowledged at St. Pierre, might tend to lessen the evils of this illicit traffic; but it is not apparent why such an officer should be objected to in any case. From these considerations llie Committee recommend that an Act regulating the taking .md export of bait fishes in the form hereto annexed should be passed by the Le.itisl.'iture, believing that it would not only benefit our own cod fishery and restore us some of the markets (hat are being wrested from us, but would bring to the notice of nil atlected by it the hardships under which this Colony is now labouring, and might possibly lead to some modification in the legislation of the countries at present so hostile to us. And the tisheri ^Majesty's And coni|)eting I'ital to th for the mf Ami mineral ai industry : 3| Aiul fconccssion Inieiit whic jdbitish Co He it that Cons •^^Mnjesty's ^onnden c -^Iscwhere, Tatification Inclosure 8 in No. 13. Resoliitinus reported from the Joint Select Committee of the flun.se of Assemhli/ and Legis- lative Council appointed to inquire into and report upon the proposed Concessions of Fishinfj Pririleges to the French, under the Arrangement between the Imperial and French Gorernments, dated Xovember 14, 1885. WHEREAS Her .Majesty's Government have recognized, in the most solemn manner, the jmisdiction of tiie Crovcrnment of this Colony over the coastal fisheries and territory of NcwCoundland and its dependencies, and have acknowledged that the said fislieries and territory cannot be alienated except by the local Legislature; and have by the Arrangement of 188.5, made between France and Great Hritain, concerning that part of onr coasts whereon the French have certain fishery privileges, fiu'tlier recognized as essential to the validity of the said Arrangement its ralific.ition by our local Legislature: And whereas the future rights and privilcires of Hritish subjects in this island, and (he permanent stability and maintenance of Miitish interests in North America, are intimately implicated with the settlement of the present question upon the basis proposed : .And whereas the concessions made to the Frencli by the said Arrangement would practically phice them in possession of all the principal harbours on the coast between Cape Kay and Cape .John, to the prejudice of the suj)remficy of England in her own waters, and to the entire exclusion of British lishermen from any of tlie fishing privileges of that coast : And whereas the said Arrangement gives joint jurisdiction in matters criminal as well as civil, to the igiiijr'ng of our local Tribunals established on that coast, and to the disregarding of those ])rinriples and i)rocedures to which, as Hritish subjects, we arc accustomed and entitled to in Tribunals of .Justice: And whereas the concessions in the said Arrangement to the French of landing their goods on our shores for the fishery free of duty would lead to a eompkte disturbance of our whole fiscal system, and open the door to illicit commercial intercourse with our people, which, inidcr present circumstances, would involve the suspension of all tiiose public works enterprised for the development of the resources of the Colony : And whereas the French fisheries on our coasts are sustained and stimulated by a liberal bounty from the French CJovernment to French fishermen, and our people are in consecpience unduly burdened in their competition in foreign markets, to the almost complete exclusion of their fish-products from the said markets : And whereas this proposed Arrangement seeks to assert, perpetuate, and legalize a claim to the purchasing of bait by the French in all the ports of this C'olony, without any reservation of power on the part of the Colony to restrict them by local legislation : ^Report of to con the Gi THE f ."to consider ♦'and the H( '; 'coast of Nc ;^o them re J^Jroposed A ' The pi "to indiserin , 'This mattei 'our coasts t in the dee stipulation .taking that 41 iial terms with Legislature show }reign fishermen, tliat tliis traffic » he desirous of mports thence to [led the revenue, I who have taken iiigcinent, that if 'A nt St. Pierre, cnt why such an :t regulating the e passed by the ly and restore us to tlic notice of uriuL', and might l;3 at present so semhh/ and LegiK- "(I Concpssions of the Imperial and le most soleuu) isfal fisheries and ed that tiic said re ; and have by corning that part er rccogni/.cd as il lA'gislatuic : this island, and th America, are upon the basis rangemcnt would le coast between and in her own tisliiiig privileges Iters criminal as .oast, and to tlie subjects, we are of landing their te disturbance of rcourse witli our sion of all those ny : stimulated by a jur people are in ;, to the almost te, and legalize a ony, without any gislation : And whereas the supply of bait to the French has become an absolute necessity to he fishermen of that nation, without which they would be unable to compete with Her iMajesty's loyal subjects in this island : And whereas the poWer of restricting the supply of bait on our coasts to nations ompeting with our people in an industry which is the staple support of the Colony is ital to the commercial existence of this country, which relies principally on its fisheries for the maintenance of its population : And wiicreus it is recognized in this Colony that, for some years to come, the tiiincral and agricultural resources of the Colony must remain ancillary to that staple industry : And whereas no equivalent is ceded to this C\)lony for those large and important oncessions proposed to be made by us to the French by this Arrangement, an Arrangc- iient which, if accepted, would in-actically shut the doors of the oldest and most loyal of ritisd Colonial possessions against future colonization : Be it therefore resolved that, for the reasons hereinbefore set forth, and by virtue of hat Constitutional right which has been so often and so clearly admitted by llor njesty's (Jovcrnment to exist in the Legislature of this Colony, we do consider it our *bounden duty, in the interests of llcr Majesty's loyal subjects in Newfoundland and j^elsewhere, to emphatically refuse to assent to the Arrangement now proposed for our atifieation. Inclosure !) in No. 13. epnrt of the Joint Committee of the House of Assenddu and Leijislalive Council appointed to consider and report upon the Arrangements between Her Majesty's Government and ' the Government of France, dated the [ ]. THFi Joint Committee of the Legislative Council and House of Assembly, appointed , Vto consider and report upon the Arrangement made between Her Majesty's CJovernment ■ and the Republic of France in reference to the fishing rights of the Fiench on the west coast of Newfoundland, beg to report that they have most carefully considered the matter ^o them referred, and regret that they cannot recommend the Legislature to ratify the .proposed Arrangement. The primary objection is to be found in the question of permitting subjects of France to indiscriminately, and without restriction, purchase bait in all the ports of this Colony. r This tnatter of bait is of paramount importance to our people. The herring, capelin, and ■ "squid, the bait for the capture of cod, are practically only, or at least most advantageously, x)l)tainal)lc in our harbours and on the beaches of our coasts ; and the advantages which our coasts offer in respect of b;iit supply to those prosecuting the fishery on the Banks and in the deep waters in the vicinity of our island are illustrated by the fact that the stipulation in the Washington Treaty most valued by the Americans was the privilege of .taking that bait. The vast superiority of fresh over salted bait for use on the Banks has ,been satisfactorily established, and the testimony of United States' and Canadian lisliermen, taken before the Halifax Fishery Convention of lh7S, leaves no other conclusion .admissible. The F'rench fishery, in relation to ours, has undergone considerable modification in .recent years, .eriously opiirating to our disadvantage. In the first place, to fish exported from St. Pierre, Miquelon, to countries outside France, that is to say, to markets where it .competes with ours, an average bounty of 10 fr. per quintal (112 lbs. English) is at bpresent paid by the French Government. Formerly this did not conflict with our linterests, as the French bankers were ecpiippcd in France, and brought n\ost of their il)roduce back to France to be consumed there, leaving only a small portion for exportation n'rom St. Piirrc to the French West Indies. Consequently, Newfoundland rarely, if ever, nbuud Frnnee a competitor in those markets to which we exjiorted our fish. Now, however, St. Pierre, Mitjuelon, has become an extensive port of trade and o( [c.vp;)rt for traders from other countries, and there is a large fleet of French bankers, and also a fleet sailing under the French Hag, managed by French agents at St. Pierre, and owned to a considerable extent by En'jilish and American subjects, employed in competing wiiii us in all the European markets. This increasing fleet of Bank-fishers has an enoiinous advantage over our fishermen in that, in addition to the bounty before referred l^to, they obtain food and goods of all kinds necessary for the fishery at St. Pierre almost free of duty. While our fishermen arc thus handicapped in the catching offish, this fleet [269] G 42 r if Propojftl I)y a MeinbiT to lie oniitteil. Proposed by a Member to be omitted. of Imnkers from St. Pierre ohtnin their supply of hnit from our waters. The fish thus taken is iniKJetl nt St. Pierre, niul on its export to Spniii receives from the French Govern- inent n bounty equivalent to 10 fr. (or every 112 lbs. (Enjilish). It will thus he seen that, in eonse(|uen(e of this bounty and the " favoured-nation clause" in the Spanish Tnrifi", French tish from the Island of St. Pierre enters the Spanish markets at about 2 fr. 40 c. lower duty tliun Newfoundland (ish. The averatie price of Newfoundland-cured fish in this island during the pa&t season was about 1(5 fr. for every 1 12 lbs. (Kiif^lish). It will thus be seen that the bounty and dirt'erential duty on St. Pierre fish (eostin, iiti oiitri'.s piiys 'rraM' an | prit iriiii|>iirtiiliiiii Mf'niM v'nldiik'n it ^'tilllli^Hl'• | nu'titit l''raiii,MiH uu iiiiiiici ; pays Truiiiiatluntiijucs i I'ayi Hur Icn ci'itci do la Mrdl* , tcrniii(''i' ;— i l')iirii|i6i.'iiH, II oiiiH li'N ani'ii'iiH ' Rtatt Surilei, uiitrcN nidiiis I'AIniiio Ancii'tm KtiitK SarilcN nu rAlgrric Dirci'ti'iiicnt (li'H lii>ux • • I Roo of rod rnti|;lit by Frnicli KshiTincii L'uUlltit ol I)('>llll.4tUIII, I'Inrc ulioiirr, niid bow, diH|iiiti'lii'd. I'Vi'iifh ('nliii;ii< ,'iiicl I'Htabli'h. iiK'iit'* ill Ainrncii, Iiiili:i, niiil llir \Vi'«t l'iiii«t of At'rici, or otlitT 'riiinwilloilic rnimtili'ii, |iio>ilt'l llicri' 111- II Kri'iich ('oiitiil .a tlio piiri of iiii|ior> latiiiii Snmc l'"irnrli Coloiitr* nnd mln- bllHliiiU'iitH or miiiic Inm- atbiiitic rouiitriuH C'oiiiitrii'H on llic Mi'ditfrriiiiPiin cimitH i — Kiiropciiii, I'xccpt the old Siirdininn Staton ; noii- MiiropcHii, rxoopt Al'jrriii. Old Sardiiiiini SiatiK or Algeria Amount of the Kountjr. Diri'ct rroiii (III- fiOiiiiK Kriiuiidii or from bonilod wiiridioiiit't in Knirici- I'ort* of FniiM'c, wiiliout puiioiiiK tliroiiKli bond Direct from tbo n»liinf( j uroiindi or from ports of i I'Vaiicc Dii'i'ct from tlu.> lUbiiiK Itriaindt or from port* of Frunc'i- TaltPii to Kraiici' by tip' H»liln){-vc«iiidn ►trai^jht from thoir fi^biii^ );r(>iiiids IVr 100 Icilotf, Kr. •JO Ift lit I'J 30 {Laws of July 22, I8:)1, Articles 1 and .'», of Jiiltf 28, I8G0, of August 3, 1870, and of Dfcemhrr \ ">, 1880.) Iiiclosure 14 '"n No. 13. Govt-rnor Sir G. Dfs Voeux to Earl Granville. (Tclegrajjliic.) GorernmeiU House, Neirfoundlnnd, June 2, 188(!. IIOMEVVARl) mail having been deliiyi'd in consequence ol' foj^, Penncll leaves to-r.)orrow. Legislature prorogued I'Jtli May. Couiniittee sits during recess. No. 14. M. Waddinglon to the Earl of Rosehery. — {Received June 22.) M. le Comte, Londres, le 21 Juin, 1886. J'AI i'honneur, d'ordrc de nion Gouverneineiit, de fuire conruiitrc i\ votrc Kxcelience qu'cn presence de rattitutk- prise par le I'arleineut dc Terre-Ncuve u 1 egard dc rArrange- ment sur les pCcheries ct de la vente de la boi'tte, M. dc Freyciiict vicnt dc |)rcscrire les mesures qu'il a cru ne'ccssaircs pour garantir ellicacemcnt a nos pccheurs rcvcrcice dcs droits qui leur sont assures pur les Traites. En me priant dc porter celte decision ii la connaissance du Gouvcrnement dc Sa Mujcste Britanniquc, M. dc Freyeiiiefc m'a cbarge d'indiquer il votrc Kxcelience les dis- positions que, dans les circonstances prcsentes, il a cttj conlraint d'adoptcr. Les instructions qui out etc adrcssecs aux Commandants dc nos croiscurs sont les mfimes que le Gouvernement de lu Rt';piibli()uc avait dejit juge necessairc dc donner en 1883. Elles enjoignent a nos ofheiers dc saisir ct de confisquer tons les engins appartenanl aux etrangers, residents ou autrcs, ([ui i)Ccbcraicnt sur la parlic de la c6te dont la jouissance nous est reserv^c. lis doivent egalement protester contrc toute construction ou exploitation ttablie ou teniae par les Anglais sur le " Irciicli Shore" et ne 4,1 tcnir oiiciin coniptc dcs iicti's diniiiiant drs MnKi»tiiit< «]in' U' (ji)uvoiiuMiiciit Colonial y ournit iiintitui's. Do pluK, moii Coiivt-riiniiriit a cm dt-vuir miiditirr «n ce (|iii coiiccriK! la question dcs Haumoiuiirs, rattitiidi- tok'raiitf ohscrvic par iioux diiiw «cs dcmicis toiiip* i!t OBHurir I'M iiu'-mu tciiip^ a rcxpioitatioii du lioriiuid, a liuiiuHo ccrtaiiiH dc iios nntionaux coniptciit »o livrrr cotte uiiiief, la mi'iiie jimU'ctioii (pi'.i l.i ptHlio ordiindri! do la monic. M. d(! Frcyciiiet, on inc di'iiiaiidnnt tio voiis fairc roimaitro Ion disposilioii<| ([ue lui a pnrii coiiiportiM" la situatiDii iiri'c par rattitiidi- do rarlcnu'iit df 'rcrrf-Nfiivi-, iii'a prii' i-ii outre d'nisister particiiliireim'iit aupri'i* df voire KxccIIiikt pour ik- pas ltd lai^^si-r i;,'nori'r la rL'-xoliitioii (pit a t'tc priac par noiH d'l-xera'r tlaiis toiitc luir ('tciiiiuc ft dun* toiiti- liiir rigiiciir Its droits (pio iimis ti'imns dcs Traitf-t. Voln- LxftHi-iict; sc ^ouvil•ll('ra (pic dans li H oiitritiiMis (lUc j'ai cus avcc iHc, il \ a ili-iix niois, ji" iui avais dt'ja drilaii- i,iie Ic (iouvcnifniiMit do la lU'pidiliipic wcrait ol lii;6 di- niiivri- nttc voii-, si la Lf'^iNlatiin- dc TerrL-Ncuve rflusait d'acccptcr la Cunvi-hliou >.ij,Mi(5i.' par lis ikiix (»i)iivi'm(ini.'Ml>, 1 1 ipn- cctte Coiivfiition constitnait lo dcriiii-r mot di's concos'.iDiis tpii- nous pmivuns I'airu ; d'ftilli'iirs, nous ni- Ics avions faiti's tpic siir la di'diratiori i'\|ilii'iti! ipii- les 'IVrrc-Ni'uvii'ns sVn i-outcntcraiont I't ta- diMnandi'raii'nt riiii ili- plus. 'I'outcf'ois, d'lipris Ics instiiirtions priVisfs adri'ssiVs au\ Coiiiniand.iiits di- nos croisiMirs, ils nv di'vront ri'courir i\ I'l'inplui dcs ini-sinvs de ri;;ui'ur, ipi'ds sunt aiiti)risi''s A appliipuT, i|u'autant ipii-, indi'pindanitnfnt dr la rL'sistaiici- dcs pOclicurs I'tran^rcrs a li'urs injonctions, raUsoiitr ou riiiai'lion ili's croisi'urs Anglais U's imttrait dans la nm-sr-ilc di- ijarantir par I'ux-ni^uii's a nos pi'rluur- Ic lil)rf ct tranipdlii' cxitcIct do Iciir imliistrii'. Mon (Jouvoriicinciit cstimc done, ct jc ni' saurais assez in»isti;r sur ic dcrniir point, ipi'il di^pciidra jiour unc huge part dcs instrucdiins (i to prorogue the Legislature of tiic Cohiny witiiout any decision havinj; been arrived at witii rejijnrd to the Fislury Arranijcmcnt with France. 2. Tlie C'oinmittei' whieli was ajipointed to consider the Arriingemcnt, havint; more tlian once al.nost agreed ui)on a Ue|)ort recomincndinu: its rejection, at last decided, after obtaining leave to conimunieate witIi ine, to intimate the impossibility of accepting the Arrangement under present circumstances imless the followini; concessions were made by the Frencii Government : — (1.) An undertaking not to renew the bounties on the ex|)ort of fish to French ports alter the expiration of the existing Law on t!ie sul))ect in \x\)\ ; (2.) A detinition, satisiijctory to both sides, of the wm'ds, '■ interrupt in any manner the fishery of the I'reneh," contained in the Declaration of 1783, and Article V'ill of the Arranart of their iiirthright. 8. The number of persons interested in the Treaty Shore is small compared with the popidation of the Colony, but a sentiment of sympathy with them is very general ; and tliis, 1 apprehend, will always be found to |)rescnt u difficulty in obtaining aeiiuiesccnce in any terms which would be acceptable to France. The present op]iositioii. however, amoiiu the Memtx-rs ol the Legislature and other intelligunt persons to the .Arrangement now under consideration is principally due to another cause; anil il tliat could ixj-^sibly be removed, ! do not dotdil that a large majority (jf both Houses would be inducetrength of France, will demand a proportionate growth of British ^ armaments, and they doubt, therefore, when this is realizctl in England whether Parliament /^ will sanction a policy which, while destroying the prosperity of a British Colony, will at the same time affect seriously the interests of British taxpayers. 16. The Legislature before its jn-orogation passed a I^w (without, I believe, a dissentient voice) which, if it can be practically enforced, might be made to preclude all foreigners from obtaining bait on the coast of this island, with the exception of the French taking bait themselves on that portion of the coast where they have fishing rights. 17. I have, of course, reserved this Bill for the signification of her Majesty's pleasure, but 1 understand that energetic measures arc likely to be taken with a view to move public opinion in England on the subivjct, and to obtain the assent of Her iMajesty's Government. is. I have above endeavoured to present to your Lordship as faithful a representation as is in my power of the views of the colonists on this important (luestion, and l forbear to exj)ress with regard to them any opinion of my own beyond this : If the effect of the French bounties on the British fishery is correctly estimated, the prospect which this Colony has to face is indeed a serious one. A large majority of the people are aciiuainled with no other means ol ubtaiuiug u livchhood than tishing, and the occupations connected with it, and the proitess of directing thcni to, and training tliem in, agricultural and other industries would not only be very slow and very diflicult, but would, before it had accomplished its end, be accompanied with an appalling amount of suffering and death. 10. 1 most sincerely trust, therefore, that if it be found inconsistent with Imperiid interests to permit the proposed Bait Law to come into force, some utlier means may be found of inducing the Frtiieh to give up bounties which, unlike the sugar bounties, in no way benefit British consumers, and are thus in every respect injurious to British interests. I have, &c. (Signed) [209] G. WILLIAM IJl.S \(KLX. II 02 Inclosurc 4 in No. 15. Mr, Pennell to Sir li. Herbert. Sir, Goreniment House, Ncwfoundlund, Min/ 25, ]H8G. IN my Report of the I2tii instant 1 inclosed a copy of u Itisohition wliicli was to be considered at a ineetinj?, to be beld that (hiy, of tlie Joint ("onnnittcc ol tiic two Houses of tlie Legislature on the Newfoundland Fislicn-ies (lucstion. That Resolution had for its object to bind the ('onnnittcc to recommend the legislature to accept the Fisheries Arrani^cnicnt in the event of certain concessions beinfr made by the French (Jovernment in relation to the bounties ;j;ranted by them on fish exported to foreign countries, other tiian France or its dependencies, and on other ])oints. I have now the honour to report, for the information of ICarl (iranvillc, tiie result of that meeting, as well as of the subsequent proceedings which have taken place in reference to this matter since the above date. The Resolution in {piestion was, 1 am informed, not proceeded with, as the Committee came to the conclusion that it was beyond their I'unctions to carry on communications with the Governor without the assent of the Ix-gislaturc having been previously obtained to their entering into conununication with his Fxccllency u|)on the subject. This autiiority, tlierefore, they at once [)rocceded to ol-.tain, and having done so, nine of their number waited upon his Excellency on the l.'Uh instant, and, (in bciialt of them- selves and two other members of the Connnitteo who were unable to attend, pledged themselves to reconnncnd the Arrangement for acceptance, if the French would agree to tlie terms shown in the accomj^anying pa[)er hcud(;(l, " Mcmornndum of Statement to be made by Chairman on behalf of ('oinmittcc." In reference to the paragraph ii\ tliis .McniorandiiiM which states that "it shall be understood that under ilic Arran^cincnt tiu- French shall have tlic^ right to purchase bait at all such times as Ihiti'^li subjects may now or lu'rcal'tcr Icgidly take the same," f have to observe tliat it was |>ointcd out to the Chairman of the Connnitteo by the Governor, as well as by myself, that a clause to this cHcct wduKI be virtually to supersede Clause XVII of the Arrangement, relating to bait, and would certainly not be assented to by tiie French, as the Newfoundland Lcgiclaturc would have the power to stop tlie supply of bait at any time by prohibiting Hritish subjects from taking it. In conseciuence of the representations which we made to tlie Chairman on this point, the members of the Com- mittee who had previously waited on the Governor have consented to withdraw this condition, which will not be insisted ujion, as appears Irom the inclosed note from the Chairman, Mr. Harvey. In eonse(pience of the rumour which had obtained circulation here from French merchants who had recently arrived from France m rouir to St. Pierre, to the effect that the French Government did not intend to contiinie the bounties after ]891, the (jovernor and myself bad entertained hopes that it miglit have been possible to obtain an assurance to this effect from the French Guvernmcnt, previous to the termination of the present Session of the Legislature here, and in that case that the Arrangement might have been brought into ell'ect at once; but on the l.'Uh instant the French Consul informed me that his (Jovernment was of opinion that even in east' ol' liie acceptance of the Arrangement, they would not in any way alter the existmg rule with regard to the bounty on fish. In conscrjuence of tliis information, ;in(l iis prolonged negotiations witii France might probably become necessary, it was manifestly inipossihlc to make any further progress witli the .Arrangement during the Session of the Ligislatnre. The Governor acconlingly prorogued the Session on the liJth instant, an arr 'igentent having been made that the Committee should continue to sit dining tla; ri^cess. A vote adverse to ilie .Arrangement has thus for the present been avoided. As the object in No. 15. yir. Hnncij (o (lorpinor Sir (i, Dcs Vwux. Dear Sir William, Mui/ 2.'), I88(j. .SOMF time since a number ot the members of the French Shore Committee waited on your Ivvccllency and stated their views as to the desirability of acceptin!^ the ,\rrange- ment provided some additions were made thereto. Vou 8ub8e(|uently desired me to state to the Committee that, in your view, the stipulation with regarfl to furnishing bait at such times as Knglish fishermen were allowed to take it would < ause immense diflicnlty. At a subseiiueiit meeting of the Committee I made known to them the objection to the clause, and it was ajo'ccd, by most of those who bad been present at (lovernment House, and some others, that that stipulation sliould not be insisted on. N'o doubt all who had been at Government House would have assented had they been at the mcetinu; of the Cunmittee. I have, &c. (Signed) A. W. HARVEY. Inclosure 7 in No. 1 .0. Mrmornndnm i/irrn to Mr. Pennell bij Mr. Ifarvei/, Mai/ 25, ISSG. IN 1H83 Labrador fish sold in Euroiie for 2{)s. ; 1884, for 18s. ; 1885, for 15,s\ ; 188G. |)robably 12.v. ; at present |)urehasable in West of England, 8s. to !).v. In I88ft early Bank fish at St. rierre was .sold at 28 fr. In 1880, 9 to 10 fr. The bounty was the same in 188'i as in 1880, and would have been in 18S,'5 equivalent to about one-third the value, in ISSG ([uite as much as the whole value of the fish. No. IG. Cohnitil Offirr to Foreiijn Officr.— {deceived Juli/ 7.) Sir, Doumimj Street, Jnhj G, 1886. Wrril >feience to my letter of this day's date on matters relating to the Newfound- land Fishei i|ucstion, 1 am directed by Earl (iranville to submit to you, to be laid before the Earl of ilosebery, a co|)y of a despatch from the Governor of Newfoundland, inclosing r>4 copy oC '• All Act 1() iviiulati' tlic l'iX|K)rt;iti()ii and Sale of Ilcrrinu;, C'iiiiolin, S(|ui(l, and other liuit Kislii's," together with a copy ol a tuMhcr despatch iiulosintf tlic AttorMcy-(icni'iars Keport on the liill, witli a Pelitiuu Iron) l)oth Houses of tlic Lc^ishituiv praying tliat the Hill niuy not he disaUowed. As the (jovoiiior has reserved the Hill, nnd tlie operation of it is iu any case by clause 8 postjioned until the .'Ust day of Dceend)cr next, no immediate decision is required upon it, and time will he atlbrded tt> see whether nny arrangement can he conic to with the United States' (iovermneiit as well as witii that of France on the fisheries (]uestions. I^ord Uraiiville, however, is inclined to think that the colonists muke out n strong cuse lor the allowance of the liill. It has hitherto for many years past been the policy of Her Majesty's (ioveriiincnt to resist any attempt on the part of the colonists of Newfoundland to interfere with the sale of bait to the French, as the French Goveriiinent, as Lord Rosebery is aware, attach the greatest ini])ortaiice to their tishermen being able to obtain bait on the south coast of the island for tlie prosecution ol the Hank tishories, and they would, no doubt, regard as a very hostile act any interference with what has been the practice lor years. The late Duke ot Newcastle, when Secretary ol State for the Colonies in 1863, informed the (Governor, in a dcspatcli dated Mrd August in that year, that "no Act could be allowed whieL prohibits expressly ov is eaknialed by any eireuitous method to prevent the sali' of bait ;" and recently, when it was known that the Fishery Arrangement o*' IMS.") was bemg unfavourably received iii tlu' Colony, Lord (IranvilK' stated in a telegram to the Ciovernor thai "llif .Majesty's (jovernmenl could not consent to any measure restricting sale of bait to the FVencli." This message was read to the Committee of the Legislature; who were considering the Fishery Arrangement, when Mr. Pennell, of this Departmciil, recently met them in St. John's, but it is in Lord (iranville's opinion a (juestion rctpiirinL; consideration wbelhta', now that the French Ciovcrnmcnt are threatening to carry out the Treaties according to their own extreme views, this position ol" Her Majesty's Ciovernment may not be ehaiiged and the prohibition of the sale of bait be permitted, unless the Fri-nch (Government are prepared to abolish or to substantially reduce the bounties. Before, however, coming to any conclusion on this mutter, Lord Uosebery will probably think it desirable to await the arrival of the Delegate expected from Newfoundland, and the discussion of the whole (|uestion proposed in the letter from this Department already referred to. 1 am, &c. (Signed) ROBERT G. \V. HERBERT. Inclosure 1 in No. ](l. Uovcrmn Sir on tbe lisbcrieH Hike out n stronj; s (ioveiniiicnt to ere witb the sale ware, attach the jtii coast of tlie rcf^ard as a very Dioiiics in ISti3, r, that " no Act itows nietluxl to cry Arrani^enient itcd in a telegram to any measure ommittec ot the PcnncU, of this villc's opinion a it are threateninu; position of Her J sale of bait be istaiitially reduce lery will probably wfoundland, and )artnient already . HEUBERT. \I(iil L>fi, 18P6. lias jjassed tlu- tioii and Sale ot c reserved it for ll. i)ut hope to be vliich I may feel )ES VCEUX. vi. 65 Inclosure 2 in No. 16. ("Passed the House of Assembly, May IH, ISfifi. [Passed the Legislative Council, May IS, l8H«i. J. W. UicKKNs, pro San. WAn Art to rvgidulc the Exportation and Snic of Uprnnij, Caprlin, Squid, and other Bait Hashes. Section. 1. No m-nion ulinll tnkc twit (inhcs for oxportntion without ohtnininn a six-oiul licence from the Itceciver-Qencrnl. ■i. Licence to lie isnucil liy iiutliority of (iovcrnor in Council unci coutiterNi^iicd l)y Culoriiul Secretary. :l. I'nmlty for forginjf or counterfeiting tlic Bigniifnrc of the Iteccivcr-Oencrnl to licence |>ro- viiled in fourth section. I. Fenally for violation of the provisions of this Act for a first offence 100 dollars, anil for subsecinent oti'enccs to imprisonment for twelve months. ^>. OHcnces ai;ainst this Act may br proseeuteil in a suniniary manner before a Stipendiary Mnj^istrate. (i. Persons convicted may appeal to the Supreme Court. 7. Treaty ri(»hts of nations in amity with ller Majesty not alfected by this Act. M. Operation of this Act postponed until the 31st December, ISSd. WHEREAS in the interest of the fisheries of this Colony, and for the preservation of ^ie bait necessary for the pursuit of these fisheries, it is necessary to regulate the exportn- Iwn and aalc of such bait. He it therefore enacted by the (Jovernor, the Legislative C^ouncil and Assembly, in Legislative Session convened, as follows: — 1. No jierson shall haul, catch, or take any hcrrinu, capclin, squid, or other bait fishes for exportation or sale on or near any i)arts of the coast of this Colony or of its de[)cn« dencies, or in any of tbe bays, baibours, or other places therein, without a s[)ecial licence, i^ writini;, obtained from the Kceeiver-Cicneral of this Colony, which licence may be in tiie rerm set forth in the Schedule hereto annexed, and shall be of no avail beyond the fishing son lor which it is granted ; and any person found hauling, catching, or taking the said les within the said limits may be examined on oath by a .lustice of the Peace, officer of kstoms, Fishery Warden, or person commissioned lor the i)urposc, as to whether the Tring, capclin, squid, or pother bait fishes are intended for exportation or sale, and on using to answer or answering untruly, or failing to produce a licence as uliove mentioned, ilich .Justice, officer of Customs, Fishery Warden, or |)erson commissioned as aforesaid, gaay .seize the vessel of such person, her tackle, upi)arel, furniture, and outfit, and bring the ||Die to the nearest imrt or jjlace at which a Stipendiary Magistrate resides, and the per.son •0 refu.sing to answer, answering untruly, or failing to produce the said licence, shall be cteemed guilty of an offence against this Act, and on conviction sliall be subject to the pro- T&ions of tbe fourth section thereof. 2. The licences provided for in the preceding ■c'ctiun shall !)e issued under the authority of tiu^ Governor in Council, and shall i)r countersigued by the Colonial Secretary. 3. If any persdii shall forge or counterfeit, or procure to be forged or counlerteitcd, the rnature of the Heceivcr- General to any such licence as mentioned in tlu next preceding ttion, or shall tender or otfer in response to inquiries made under the provisions of first section, or in evidence in any prosecution under this Act, iiny such licence knowing signature thereto to he false or counterfeit, such person shall be deemed guilty (>i' un fence against this Act, and on conviction shall be subject to the provisions of tiie fourth Dtion thereof. •1. Kvcry person guilty of a violation ol the provisions of this Act shall, for the Bt offence, be liable to a fine not i xcecdiiig 400 dollars, and in defaidt of payment ;any such penally, to imprisonment for a period not exceeding six months ; and lor tiie tond or any sul)sc(|ucnt oHence to imprisomnent for a period not cxceediiii,' twelve >nths. t>. All ()ffenders against the |)rovisiuns of this ,\c:t may be prosecuted and convicted, id all fines incurred under the provisions of this Act may be sued for and recovered in a Inmiary manner before a Slipentliaiy Magistrate bv anv person who mav sue lor the same; le half of such fine shall go to the party who" may prosecute the" offender, and the nainder to the Keeciver-General for tbe use of the' Colony ; and in tlio event of the ssccution of an offender who under this Act would not be liable to or ordered to ky a fine, then tlu; reasonable expenses of the prosecutor, including a fair amount Ir his time and labour expended in and about such prosecution, shall, on the certificate Proamblo. Hnacting dsnnn. No perron shall take halt lislu'H lor cipor- tstinn without olituining a spceitl licence from iho licccifcr-Ocncral. Licence lo he iwueil by authority of (loremur in Council, mil ouunteroiKneil by *'olonial Secr*'"'^. IVtialty ■ ic>i,'"^ot iv ..u, 1 .'iting '.he -■..;' u...-e of iveitcr Qenenil (o iictH'v f/'JviJeil in 'i.nti MViior. I'enalty for violation of the provisions of tliiH Act for a Jirst otlencu lOU ilollars, and for mibaequoiit olIcri.-c« to impriaon- Iiicul for twelve monihs. I Mlcnics ai;ainat thia Act may be pra>e. cntctl ill a Hummary iu;miicr before a Stipendiary Magia- rate. M I' Tcraoni coDTielcil mtj >pp»l to the Hnprcme Court. Treaty righlii of natlsni in aaity with liar Majcity not afTectcd by this Act. Opcrtktion of this Act poftpoDcd nntll tht 31)t December, 1888. M of the Majiistrate who heart! tlm caii8u, l)c paiti to tlic prosecutor l»y the lloccivcr- (icneral. (I. If any person convicted uniler this Act shall feci himself airfrrievtMl by any hucIi conviction, he may appeal thoreiij)on to the then next, sitting of Her Majesty's Supreme C't)urt, holden in t)r nearest to tlie place where such conviction shall have hecn had ; Provided notice t)f such appeal, anil of the cause and matter thereof, he ^iven to the convicting Mai:;igtratc in writing within two days next after such conviction, and the party tlesiriu}; to appeal shall also, within two days after sneh notice ijiven, enter into recogni- zance, with two approved sureties, liefore the eonvietinn Maj^istrato, conditioned for the appearance of the person convicted at such next sitting of the Supreme Court on the tir.sl tlay of such sittinj;, for the prosecution ol the appeal with etl'ect and without delay, to abide the .ludg;inent of the Court thereon, and to pay such costs as the Court shall award. Any person who shall hu convicted and iinprisoneil by any such Magistrate for an olVenee against this Act, and who shall have given such notice of appeal, and shall ha'.e entered into such recognizance with approved sureties, may be discharged from prison, in which case the recognizance shall be further (•t)nditit)ned for the surrender of the convicted party on the first day of such next sitting of the Supreme Court, to the Shcritf of the district in which sneh appeal shall he heard. 7. Nothing in this eha|)ter shall eHect the rights and |irivileges granted by Treaty to the subjects of any State or I'ower in amity with Ilcr Majesty. 8. This Act shall not come into tiperation until the .'Ust day of December next. ScnKDULE. Schedul*. Form of Licence mentioned in the First Section. According to the provisions of the Act passed in the forty-ninth year of the reign of Ilcr present Majesty, entitled " An Act to regidate the Exportation and Sale of Herring, Capelin, S(|uid, and other Bait Fishes," permission is hereby given to A.H., of , &e., to haul, catch, and take hcrrinfT, capelin, squid, and other bait fishes in his boat or vessel, called the , during tiie(" current " or " now coming," as the case may be) fishing season, for the purpose of (" exportation " or (and) " .sale," or as the case may be). Dated at St. John's, this day of a.d. 188 . (Signed) C. D., Receiver-GeneruL (Countersigned) H. F., Colonial Secretary. Inclosurc 3 in No. 1(5. Governor Sir (1. Des Vwux to Earl (Iranvillr. My Lord, Government House, Newfoundland, , I nnc ID, 188fi. KKFKRRING to my despatch of the 'J(!th May last, with which was inclosed a Hill recently pas.sed by the Legislature of Ibis Colony, and reserved i)y nu; lor the sit';nilieation of Her Majesty's pleasure thereon, "for regulating the Kxportation and Sale of Herring, Capelin, Scpiid, and other Mait Fishes," 1 have now the honour to forward |two in)|)ortant papers on the subject of this Hill, whicli, by some ninission, have only jusl reached me : — (1.) The Report of the Attorncy-ticnera! on the Bill. (2.) .\ Petition addressed to your I^ordsbip by both llou.sesof the Legislature praying' that the Bill may not be disallowed. 'J. The important subject dealt with in these papers has been so fully discussed by me in other despatebes that further comment would seem to be supererogatory. I have, &c. (Signed) G. WILLIAM DES VCEUX. 57 he llcccivcr- Inclosurc 4 in No. 10. Mr. fVinlrr to Ciuiernor Sir G. Di'n Vicux. Attornvy-deneral's 0//icr, St. John's, Newfonndlnnd, Sir, Ju'nr lU, 188G. I HAVE the liuiiour to siihtnit tiie Ibliowing Report upon liio Bill passcil (Uning the recent Secsion ol' tlie Lej;isliiturc, entitled " An Act to re^ulute tiic Exportation and Sale ot llerrini;, Capeliii, S<|uid, and other Hait Fishes." '1 he objeel of the ujeasiire and the reasons which led to its adoption do not cull for extended ex))laiiatiuns I'roni inc. 'I lie introdiietion of the Bill was the result of the deliberations of a .Foint Select Connnittec ul' liotli branches of the Legislature, appointed to consider and report upon the subject of the sale of bait by our people to foreign (ishennen whose fishing operation-* necessitate the procuring of bait in our waters. The Keport of the C'oniniittee sets forth very fully the threat injury to tlie people of ibis Colony, whose staple industry is the fishery, and particularly the cod fishery, resulting troin coni|ietition in foreij^n nuirkets with the tishernien of other nations, and cs[iccially under the o|)eration of bounties and protective duties. The substance of the Report of the Committee has been set forth, in almost identical language, in the joint Address from both branches of the Legislature to the Rigiit Honourable the Secretary of State for the Colonies, in relation to this subject, which your Jixeelleney has been requested to transmit. The operative part of the Bill is contained in one sitnple provision which prohibits altogether the capture in our waters of bait fishes, for exportation or sale, except under special licence, issued by ti»e Receiver-General (the Head of the Customs Department), ni\der the authority of the (Governor in Council. The Bill contains in itself no provision for the guidance of the Governor in Council in relation to the exercise of the discretion vested in him for the issue of the licence. This is leil to depend upon matters and circumstances some of which are at present un(i( terinined, and which may from time to time be the subject of change. In \iew of the fact that the relations between Great Britain and other nations, ^evcially, on the subject of fishing i)rivileges on the coasts of Newfoundland are widely dirt(.>rent, and are also from time to time the subject of negotiation and alteration, it was considered by the Legislature necessary that the measure should be in such a form as to admit of the application on the one hand, or the withholding on the other, in the case of each particular foreign nation, of the restrictions contemplated by the Bill. This discretionary power may thus be exercised by the Governor in Council in relation to any one foreign country or Power without alfecting the rights, privilegfs, or relations towards Great Britain of any other country or Power. I have, 8ic. (Signed) J. S. WINTER. iU H .1^ Inclosurc 5 in No. 16. iS VCEUX. Petition, I'o the Kii;lit Honourable Her Majesty's Principal Secretary of State for the Colonies. May it please your Lordship, VVK, Ikr Majesty's loyal subjects, the Legislative Council and Commons House of Assembly of Newfoundland, in Legislative Session convened, beg to inform your Lonislii|i that we have during the present Session devoted mueh time and attention to the consideration of the capture and sale of bait, and beg to submit, for your Lonlship'-J consideration, the facts and conclusions bcreinalltcr set forth. We tint! that, from the earliest records extant relating to fisheries of NewfouiKlIand, the immense importance ot the bait supply has been appreciated by the Inipcrinl and liocal (iovernments. As tin- back as the year after the Treaty and Declaration of Versailles, in 17H;t {i.p., in the twenty-s-ixtb year of the reign of His (Jraeious Majesty King kJeorge the Hlrd), an Act was passed by the Parliament of Kngbuul absolutely prohibiting, under penalties, any Knglish snbjerls in Newfoundland horn selling any bait whatsoever to foreigners. This Act remained in force for some years, and inunediately after the concession of a local Legislative Assembly to this Colony the subject of bait supi>h [269] ' I ll If i I : if n i 1 I r.s to foreigners wus again ngitntod, and in IS'SH ixn Act wn« passed In- the Colonial I.cgisladirc inipoHini; nn export (iiity of 3,y. a iiuiKiredweiglit iipnn "nil frettli iierrinv ami cnpelin, an I upon salted or piekled lierring and eapeiin in bulk," exported from tins ("olony ; and by n Hubsccpient cnnctnienf {\'J Viet., rap. 7) the restrietion was repealed so far as affeeled the exportation of herring'* (whether fresh, salted, or piekled) in bidk to nny p:irt of thu Uritish dominions, thu masters of the vessels in such lasos being re(|iiired to give bond fur llic payment of the amount of duties, which bond was only to be cuneelled upon the production within one year of the date thereof of a ecrtifieatc from competent nnthority that the cargo had been duly entered and discharged at a port within the Uritish dominions. This eiiaetn\ei;t remamed in force initil the par(ici|mtion of the subjeets of tlie United States ill our fisheries under the Keciprocity Treaty of IH.')I necessitated its repeal. The extreme iiressure exerci>ed by tiie Uritish on the Colonial Government from the expiry of the Reciprocity Treaty of 1H.')4 down to the time of the 'I'ifaty of Washington alone prevented the passa!;e of an Act in the Colony proliibiting the sale nnd export, ol bait from the ('olony for any pur|)ose whatsoever. The very stringent clauses of the Treaty of 1818, preventing American lisiicrmen from resorting to our bays or harbours, " except for the purpose of shelter and of repairing damages therein, of |)urchasing wood, and of oiitaining water, and for no other purpose whatever," while Allowing American vessels engaged in otiier pursuits the free use of our ports for all other purposes, plainly indicate the conclusion that it wfis then considered necessary to exclude the United States' lisher- incn from any access to our bait su|)ply. WIh tlier the supply of bait fishes has decreased or is decreasing from their present extensive eniploymLut we have not siidieient data before us to positively decide, but it is the opinion of many of the oldest and most experienced persons engag((l in our trade and fisheries thai sucli i» the case. Wc arc of opinion that the demand now made up;)n thu sup|tly is (piite as great as it can bear: nnd this is evidenced by the fact that the promising iiulusliy essayed here a few years ago of the manufacture of guano from these fishes was crushed out of existence by an Act of the Legislature prohibiting their capture for th, it purpose. The value of t]ie.>o fishes to the Colony, always highly appreciated, has of late years been greatly enhanced by the revival of the Hank fif.heiy, for whereas bait is only one of several means employcil in the shore nnd I.Abrador fisheriis for the taking of eodlish itlie jigger and the cod-seine and (he cod-trap |)rol)ably secure a much larger jJioportion of the total catch in these fisheries than that taken by bait), the sole dependence of the Ihmk fishery is on this artieli'. The revival of the Uank fishery, tliercfore, ivnders it moie than ever neecssaiy that bait lishes should be zealously guarded. The vast superiority of fresli over saltol bait for use on the Banks has been satisliictoiily established, and the testimony of United State^' and Canadian fishermen laken before the Halifax Fisliery Convention of 1877 leaves no other conclusion admissible. The advantages ollertd by our coast." where alone these three bail fishes, the herring, eapeiin, and .x(|uid, can be obtained in sullieient ipiantity, in respcet to bait supply to t!ios(> prosec:uting tlie fishery on the l?aidliind, are attested by the liiet that the sli|)ulation in the Wasliinylon Treaty mor-t valued l)\ th.- Americans was the privilege of taking bait. At present there does not appear to be any Law on oui' Statute Hook sudieiiMitly -afe- guanling lliese \alual)le bail lislieries. The reeint aetion of tiie I'rtMieli banking licet in coining into liie liaibuurs of (uir .south-west coast, win re they have no ti.-hery |)rivi!(-i's, and evading the ellett of our Laws heretofore found huflicieiil to prevent the exportatioa of bait before the 18lh day of April, shows that, so fur as tbat nation is concerned, wc have no means at |)resi'nt ot limiting or restrieling the supply to them. Our other rivals, the United Stales, stand on a iliU'erenl footing. The C'oiueiitiou of \H\H forbids theiu entering our ports lor the purpose of obtaining bait, and the lmj>erial .Xet 59 (Jeo. Ill, ei[). '^K, makes it unlawful under severe penalties for them to do so, i)ut up to the present inomcnl the means of strietly enforeing the ob.scrvanee of tliat Treaty and punishing the violation of the Slalule referred to have not been provided, and American fisbermen declared their intention of violating ihe Treaty by obtaining bait in onr iiorts. To arrive at a just conclusion on this matter, it is necessary to examine the ivlati ms in which the two nations desirous of obtaining this bait supply on our shores stand to ibis Colony. The French fishery in relation to ours has nndergnuc cnnsidenible change in recent years, seriously operating; to our disadvantage. In the first \)huc, on lish exported from St. Pierre to counlrics outside I'Vanee, that is to say, to markets where it cou)petes witii ours, an avcrngc bounty of 10 fr. per quintal (112 li)s. Lnglish) is at present jmid by the French Government. Formerlv, this did nut conliict with (jur interests, as the French u . 09 n-lati )iis 11(1 to i\m b.mkcif were fijuipiJed in France, and liiought most of tlicir produce hack to l-Vance to l)c coiiHiinuHl tluTi', IcuvinR only a small portion for exportation from St. IMerre to tlio Kroneli West !ndif«. Consequently, Newfoundland rurcly, if ever, found France u competitor in tlioiie markets to wliicli wc exported our (isli. Now, however, St. Fierro has liccomc nn extensive port of tmde ond of export (or traders Irom other countries, an> French Bank tish, did not exceed in this (Jolony during the past season 1 1 fr. for every I I'J lbs. CKnglish). It will thus he seen that the bounty as above, and (lilT'erentiul duty on St. PiiiTC fish entering Spain under the " niost-fiivoured-notion clause" in their Tarilf amount to 12^ fc on every 112 lbs. (Knglish), or, in other words, to more than the whole value obtained hy our lishcrmen for Labrador fish. The United States' tishermen have, since the year succeeding the signing of the Trcoty of Washington, been allowed to obtain bait unrt^strictedly in our harbours nnd bays, the stipulation that they had the right to catch bait for themselves within the M-mile limit naturally carrying with it the corollary that what they had the right to taki- they had the right to buy, and the latter course was found by them to be the more profitable. For tliis piivilegc, lor it was liy far the principal one they exercised iniiler the Washington Treaty, they paid a considerable sum of money, as well us admitted our fisli duty free, and recorded to us the privile.'c of fishing on nil tlie north-eastern eoiists ami harbouis of the United States. They have now abrogated the Treaty of Washington, taken from us the privilege of fishing in their waters, and taxed our fish and oil when exported to the United States from I'J to .!() per cent., and yet assume to t xercise as of right the privilege of obtaining hait as heretofore, when they gave us a fair return for tliat privilege, ff we supinely n^sent to this course we shall provide these, our rivals, with the unans of shutting us entirely out of the United States' markets. W(> have been informed that, unless the Legislature assent to the Arrangement recently entered inl«) hetween (ireat Mrit-ain and France regarding the French claims on a part of tl:c coasts of this island, any Acts prohibiting or regulating the export of bait fishes will be disallowed i)y the piucnt (jovernment. Wc are unwilling to believe that such an extreme course would he adopted hy the mother country, for no better reason than that a nation, su|)posed to be a friendly one, denunids a concession from this Colony which, if granted under the present system of French bounties, means starvation to our fishermen, ruin to our mercantile and iuflustrial classes, and bankruptcy to the Colonial Fxehe(|ucr. The result that would ensue to Creat Britain by thus sacrificing iiOtJ.UOO Hritish subjects in this most ancient and loyal Colony by a course of coercion, exeicised towards a people to whom self-government has long been accorded, a course, too, the principle of which has been most emphatically repudiated hy all political parties in Knglaml, and by her most emimiit .statesmen, would be to unduly increase the navy of a rival Power, necessarily involving a corresponding addition to the Ih'itish navy, and increased taxation to the British taxpayer. In conclusion, wc earnestly hope tiiat Her Majesty will be pleased to assent to the Bill passed during the present Session of the Legislature, entitled, " An Act to regulate the I'Aportation and Sale of Herring, Capclin, Squid, and other Bait Fishes." Passed tlie House of Assembly, May 18, 1886. (Signed) ALEXR. J. W. McNEILY, Speaker. Passed the Legislative Council, May 18, 188G. (Signed) E. D. SHEA, President. 1 M [iCO] I 2 I' I IMAGE EVALUATION TEST TARGET (MT-3) 1.0 fill I.I .»». I£ IL25 III 1.4 m PI o> ^ Hiotographic Sdences Corporation 23 WIST MAIN STRiiT WEBSTER, N.Y. 14580 (716) S72-4S03 •^ \ :\ <«^>. ^ J'^.. 60 I No. 17. ■ The Earl of Rosehery to M. Waddington. M. I'Ambassadeur, Foreign Office, July 24, 188fi. HKR Majesty's Government have read with attention the note which your Excellency did me the honour to address to me on the 21st ultimo respecting the Newfoundland Fishery question, and in which you inform me that, in view of the attitude taken up by the Legislature of Newfoundland towards the I'ishery Arrangement signed at Paris in November last, the Government of the Republic have felt themselves compelled to issue new instructions to their naval officers to secure to French fisliermen the exercise of their Treaty rights. Under those instructions the French Commanders are enjoined : — 1. To seize and confiscate the gear belonging to "foreigners," resident or non- resident, fishing on that part of the Newfoundland coast stated by the French Government to be reserved to the French ; 2. To protest against all building or working of mines on that part of the coast which they designate as "the French Shore," an slppellation derived from the enjoyment by French citizens of certain fishery rigiits during the fishing season ; 3. To disregard the jurisdiction of the local Magistrates on British territory ; and 4. To modify the attitude of toleration recently observed by tiiem in regard to the salmon fisheries, and to protect French citizens in the pursuit of tiie lobster fishery as well as in that of cod. In describing the above measures, your Excellency states that the rreiich Govcnitnent are resolved to exercise in tlie fullest and most rigorous manner the rights conferred n|)on France by the Treaties. I cannot conceal from your Excellency the concern with which Her Majesty's Government have received such a communication from your Government. It is in no way the wish of Her Majesty's Government to contest the right of the French Government to demand that French fishermen shall be secured in the due exercise of their Treaty privileges. But they must emphatically protest against the interpretation of those privileges which is put forward in your Excellency's note under reply, and is implied in the measures to which that note refers. They have repeatedly affirmed in the course of numerous negotiations that such claims are not supported by the Treaties concluded between the two countries, and it would be a matter of great regret if the instructions which have been sent out to the French naval officers to enforce these claims should lead to complications which the patience and moderation of both Governments, and the good sense and forbearance of their respective Naval Commanders on that coast, have succeeded in averting during a long period of years. 1 have no dcsirt? to reopen i\w discussion on the numerous points in dispute, but 1 cannot refrain from deprecating more particularly the claim put forward by your Govern- ment to ignore during the fishing season the territorial jurisdiction flowing from the sovereign rights of the British Crown over the whole of the Island of Newfoundland, expressly conferred by the terms of tlie Xlllth Article of the Treaty of Utrecht; nor can I pass in silence the reiterated assertion in your note of an exclusive right of fishing on the part of the coast on which the French Treaty rights exist. There can be no doubt that the inhabitants of the coast iiiust not "interrupt by their competition" the French fisher- men, but Her .Majesty's Government can hardly believe that the French Government could intend to apply to them the term "foreigners," or to question the right of the colonists to procure the means of subsistence by fishing on their own coast, so long as they do not interfere with the Treaty rights of the French fishermen. Such a claim lias no precedent in history, and would be not only repugnant to reason, but opposed to tlu- practice of years, and to the actual terms of the Declaration of Versailles, which provides that the old methods of fishery "shall not be deviated from by either party," showini; conclusively that the French right to the fishery is not an exclusive one. Her Majesty's Government accepted provisionally the recent Arrangement signed ;it Paris with satisfaction, as offering, on the whole, a reasonable compromise, but it is unnecessary to state that, during the whole of the negotiations, it was perfectly »vell under- stood that its ratification by Her Majesty's Government must be subject to its accei>'iince by the Legislature of Newfoundland. Her Majesty's Government are still in commuiiicM- tion with the Colonial authorities, and have not abandoned the hope that the Arrangement may yet bear good fruit. In the meanwhile, the two Governments have during the last two years pnicticaiiy corried it out so far as circumstances have permitted. It will be a matter for very seriiui 24, 188G. ' Excellency wfoundland aken up by at Paris in iled to issue cise of their li- nt or non- Government Df the coast ; enjoyment ry; and egard to the ilierv as well Government iiferrcd upon ;r Majesty's vi!:l)t of the due exercise nterprctation reply, and is s that sucli itries, and it t out to the s whicli the rbearancc of luring a long ispute, hut 1 our Govcrn- from the vfoundland, it ; nor can )f fishing on o doubt that rench fisher- Government ight of the 80 long as claim has losed to the ich provides ty," showing- int signed at e, but it is well under- 8 acceptance communiea- \n'angeinent s practically verv serijui ei regret on the part of Her Majesty's Government if the French Government, ignoring that amicable arrangement, should now by any aggressive action unnecessarily provoke a recurrence of the grave difficulties of which both nations have had so long and regrettable an experience. ^ r u I have thought it well to lose no time in takmg exception on the part ol Her Majesty's Government to some of the positions taken up in your Excellency's note to which it would be impossible for them to assent. I have not, therefore, waited to include in this despatch the answer of Her Majesty's Government to the proposal of a modxis Vivendi made verbally by your Excellency to' me on the 22nd ultimo. With that I will deal in a separate communication ; but in the meantime I should be glad to learn that the new instructions to the French naval officers have been suspended, as they would offer a serious obstacle to the friendly conclusion of such an arrangement. I have, &c. (Signed) ROSEBERY. No. 18. Colonial Office to Foreign Office. — (Received August 14.) Sir, Downing Street, August 13, 188G. WITH reference to previous correspondence, I am directed by the Secretary of State for the Colonies to state that he proposes, with the concurrence of the Earl of Iddesleigh, to approve the proceedings of Mr. Pennell during his recent visit to Newfoundland in connection with the proposed Fishery Arrangement with France. I am, &c. (Signed) R. H. MEADE. No. 19. Foreign Office to Colonial Offiae. Si Foreign Office, August 20, 1886. IN reply to your letter of the 13th instant, I am directed by the Earl of Iddesleigh to state to you that his Lordship concurs in Mr. Secretary Stanhope's proposal to approve the proceedings of Mr. Pennell during his recent visit to Newfoundland. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 20. M, Waddington to the Earl of Iddesleigh. — {Received August 26.) M. le Comte, Londres, le 25 Aout, 1886. LE Commandant de la Division Frangaise de Terre-Neuve a signal^ au Ministre de la Marine I'etablissement iPort-A-Port, sur le "French Shore," dedeux usines Anglaises pour la preparation des conserves de homards. Au re9u de cette nouvelle, ordre a ete envoy^ par le Gouvernement Frangais au Commandant Le Clerc d'arrfiter la peche des individus qui ont ^tabli ces usines. Je suis en mfime temps charg6 par M. do Freycinet de protester aupr^s de votre Excellence contre ces actes contraires aux Trait^s, emanant de sujets Anglais. Mon Gouvernement est persuade que des instructions vont ^tre envoy^es aux autoritis de la Grande- Bretagne k Terre-Neuve, pour que ces constructions illegales soient supprimdes sans retard. En agissant ainsi, le Gouvernement de la Reine ne fera que conformcr sa conduite S celle que le Gouvernement Fran9ai8 a ddji adoptee vis4-vis de ses nationaux dans des cas analogues. Deux Frangais, Ics Sieurs Lemoine et Dameron, ont proc^dd derni^rement, sur le " French Shore," k I'installation d'usines destinies k la preparation du homard. Ces dtablissements ayant le caractere d*; constructions solides et fixes, comma celles contre lesquelles j'ai la mission de porter plainte, les autorites navales Fran9aises ont signifie k leurs auteurs d'avoir h les enlever, ajoutant que s'ils n'obtcmp^raient pas k ces ordres, ils agiraient k leurs risques et perils. ,11 m 1 1*' .!■• 62 Le Ministre de la Marine a compl^tement appi'duv« cette ligne de conduite eta recommand^ tout derni^reinent au Gommandant L« Clerc d'y peisev^rer, en inSnie temps qa'il 86 voynit oblige de lui enjoindre d'avoir h iiUierdire la pdche aux deuy sujets Anglaiv, dtablis h Port-i-Port, en contravention avec les Trait^s. Le Gouvernement de In Reine pourra voir, par ce qui pr^cide, avec quel esprit d'equit^ la France agit dans cetle question ; aossi je ne doute pas que votre Excellenoe ne soit bient6t en mesure de in'annoncer qu'il a 6t6 fait droit h ma demarehe.' < > t Veuillez, &c. w (Signe) WADDINGTON. (Translation.) My Lord, London, August 25, 1886. THE Commander of the French Division at Newfoundland has informed tlie Minister of Marine of the establishment at Port-ti-Port, on the " Prench Shore," of two English factories for preserving lobsters. On the I'cccipt of this news, orders were sent by the French Government to Commander Lo Clerc to stop the fishery of the individuals who have established these iactorics. I am at the same time instructed by M. de Freycinct to protest against acts on the part of British subjects so contrary to the Treaties. My Government is persuaded that instructions will be sent to the British authorities in Newfoundland to suppress these illegal buildings without delay. In so doing. Her Majesty's Government will only be conforming their conduct to that which the Government of the Bepublie have already adopted towards their citizens in similar cases. Two Frenchmen, MM. Lemoino and Damcron, lately commenced erecting lobster factories on the " French Shore;" As these erections took the form of solid permanent buildings, such as I have now to complain of, the French naval authorities warned their constrxictors to remove them, adding that, if they did not obey these orders, they would be acting at their own risk and peril. The Minister of Marine has entirely approved this line of conduct, and has quite lately instructed Commander Le Clerc to pereevere in it, Avhile feeling compelled at the same time to instruct him to forbid the two Englishmen established at Port-a-Port to fish in contravention of the Treaties. Her Majesty's Government will see by the above in what an equitable spirit France is acting in this question ; and I doubt not that your I^ordship will soon bo in a position to inform me that my request has been complied with. I llfliVG &i(* (Signed) ' WADDINGTON. I No. 21. Foreign Office to Colonial Office. Sir, Foreign Office, September 1, 1880. I AM directed by the Earl of Iddesleigh to transmit to you herewith, to be laid before Mr. Secretary Stanhope, for such observations as he . may desire to make thereupon, a copy of a note from the French Ambassador at this Court,* calling the attention of Her Majesty's Government to the reported establishment of two British lobster factories at Port-^-Port, in Newfoundland, and expressing the conviction of his Government that instructions will be dispatched to the authorities in Newfoundland to suppress these factories without delay. I am, &c. (Signed) T. V. LISTER. No. 22. Colonial Office to Foreign Office. — {Received September 2.) : ., ' Sir, Downing Street, August 31, 1886. I AM directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Earl of Iddesleigh, a copy of a despatch from the Governor of Newfoundland, with its inclosures, respecting the establishment by the French of a factory for "canning^' lobsters at Port-au-Choix. • No. 20. 68 conduite et a 1 in^nie temps sujets Anglais, ^c quel esprit s £xceUena« ne DINGTON. tst 25, 1886. informed the Shore," of two rs, orders M'ero fishery of the ! instructed by so contrary to )0 sent to the without delay. their conduct towards their imcron, lately these erections •mplain of, the , adding that, : and p(>ril. , and has quite g compelled at at Port-a-Port quitahlo spirit will soon 1)0 in DINGTON. her 1, 1880. be laid before i thereupon, a tention of Her er factories at ivernment that iiipprcss these LISTER. tsf 31, 1886. t to you, to be Newfoundland, for "canning"" ■ ■" It will be remembered that in the note which M. "Waddington addressed to the Earl of Rosebery on the 2l8t June, it was stated that it was considered by the French Government tO" be incumbent upon them to give protection " h I'exploitation du homard." I am, how- ever, to suggest, for the consideration of Lord Iddesleigh, that Her Majesty's Ambassador at Paris should be instructed to make a strong protest against this new industry being con- ducted on Newfoundland soil, as involving a clear breach of the Treaty stipulations, and to urge upon the French Government the removal, in accordance with those stipulations, of the French factories. I am, &c. • '• ' (Signed) ROBERT G. W. HERBKRT. ' Inclosure 1 in No. 22. ' Oovernor Sir G, Des Vaux to Earl Oranville, My Lord, Government House, Neipfoundland, August 2, 188Q. I HA\'E the honour to forward to you a copy of a Petition which has been addressed to me by the Chamber of Commerce of Newfoundland with reference to a factory for "canning" lobsters which has recently been established by the French at Port-au-Choix on the north-west coast of this island. 2. The existence of this factory has also been reported by the Commanders of Her Majesty's ships on the station in the letters from Captain Hamond, of Her Majesty's ship "Emerald," and Lieutenant-Commander (now Commander) Browne, of Her Majesty's ship "Mallard," coi)ies of which are herewith inclosed. 3. It is, I presume, unnecessary for me to point out in detail that the establishment of this factory is in direct contravention of the Treaty of Utrecht ; but I may mention briefly (I) that the land of that portion of the coast of this island on which tho French have Treaty rights can, under that Treaty, be used by them only for the drying of fish ; (2) that the tish contemplated by the Treaty are only such as are preserved by drying ; and (3) that even if lobsters can be considered as fish, and fisli of the description that can be caught upon the coast, within the meaning of the Treaty, tiie use of the land for preserving them, and the erection of any " buildings there besides stages made of boards, and huts necessary and usual for drying of fish," is expressly forbidden by the XHIth Article of the Treaty. 4. With regard to the injury to British interests which will result from the establish- ment of French lobster factories in Newfoundland, 1 have no doubt that the represen- tations of the Chamber of Commerce are substantially correct ; and as the factory already established, if allowed to remain without interference, will tilmost certainly be followed by others, it is evidently in a high degree desirable that steps should be promptly taken for causing it to be removed. 5. A difficulty with regard to this course will probably occur to Her Majesty's Government from the fact that on various parts of the coast where the French have fishing rights there are, and have long existed, British establishments for the drying, curing, and storing of fish, which are, 1 believe, held by the French to be in contravention of the Treaty, there being thus a possibility that any action on the part of Her Majesty's Government lor the removal of French lobster factories will be followed by similar action on the part of the French Government for the removal of British fishing establish- ments. 6. It may, however, I think, be regarded as extremely unlikely that the suggested step on the part of Her Majesty's Government would be followed by any such action on the part of the French ; for I understand that while the British fishing " establishments " on tlic coast in question consist entirely of wooden sheds of comparatively little value, the French have their expensive stone buildings in several jjlaces, which are clearly in contravention of iJ . G4 i ■' I 1: pructice even to French citizens on the portion of the coast where they have fishing rights, when tiicy are following any other occupation than that of the drying offish. 8. Since writing the above, it has been pointed out to me that there is already a local Act, 41st Vict., cap. 1(5, which might be made applicable to the present ease, if such a course were to meet with the approval of Her Majesty's Government. 9i By this Law, section 1, the Governor in Council may, by Order, restrict or pro- hibit, either entirely or subject to any exceptions or regulations, the fishing for and taking of lobsters within any district in this Colony named in the Order, &c., a penalty not exceeding 100 dollars being tlic punishment provided for disobedience. 10. The application of this Act to the case in point would be by no means altogether foreign to its purpose, which was to prevent the complete extinction of lobsters by the factories, which experience had shown to be the result of their unrestricted operations. As the evil, which it was the object of this Act to guard against, is not likely to be less in the case of French than in the case of British factories, and as the distance of Port-au-Choix from the scat of Government would render efTective supervision impossible except at disproportionate expense, it is open to question whether, in the interest of the population of the future (which as it grows may he expected to spread along the coast), it would not be expedient to prohibit this business altogether at the place in question, even if it were conducted by British subjects. And it is to be borne in mind that a French factory, employing exclusively French citizens, and exporting its products only in French vessels to markets from which British products of a similar kind are excluded by prohibitive duties, brings not the slightest compensating advantage to the Colony which it so seriously injures. Karnestly recommending this subject to the early attention of Her Majesty's Govern- ment, I have, &e. (Signed) G. WILLIAM DES VffiUX. Inclosure 2 in No. 22. I Petition. To his Excellency Sir George William Des Voeux, K.C.M.G., Governor and Commander- in-chief in and over the Island of Newfoundland and its Dependencies. May it please your Excellency. THE Chamber of Commerce having received authentic information to the effect that the French have recently established a lobster factory at Port-au-Clioix, on the north- west coast of this island, desires to enter its protest against this fresh violation of the rights of this Colony. It is needless for the Chamber to enter into an argument to prove the breach of Treaty stipulations involved in this establishment; but it desires to point out at the earliest possible moment the disastrous effects that will follow if it be not at once removed, and other ventures of a like character effectually prevented. Each lobster factory requires from 10 to 20 miles of coast-line to furnish the necessary supply for canning. The business of tinning lobster is a well-established and profitable industry, and it is understood that there is a considerable duty in France on foreign packed lobsters. These inducements to cover the whole of that coast with factories, if allowed to do so, will be too strong to be resisted by the French. The Chamber would point out thut this would entail the presence of Frencli people on every part of the coast where they prosecute the cod fishery, and would effectually bar our fishermen from the use of any part thereof, as whenever a French fisherman is present, under the interpretation desired to be placed on the wording of the Treaty, and signifies to the naval authorities that he is being interfered with by an English fisherman, the latter must at once remove. From tlio foregoing it is clear that the whole coast is likely to be lined with French lobster factories, if not at once disallowed by the British Government, and, as a con- sequence, the presence of British fishermen prohibited on the wliolc extent of coast from Cape Ray to Cape John. Where the infringement of the Treaty is so glaring, the Chdmhcr believes it has only to bring the subject to your Excellency's notice, that it may at once have the J hnve fishing of fish. is already a resent case, if ^strict or pro- for and taking a [)enalty not by no means ion of lobsters ir unrestricted against, is not 3S, and as the ivc supervision hether, in the :te(l to spread igether at the is to be borne I exporting its a similar kind Ivantagc to the csty's Govern- ES V(EUX. d Commander- icics. the effect that an the north- iolation of the the breach of nt out at the once removed, ;o furnish the ndustry, and it icked lobsters. 3\ved to do so, Frencli people effectually bar uan is present, ', and signifies man, the latter ;d with French and, as a con- i of coast from jclicvcs it has once have the ; 65 desired effect of inducing Her Majesty's Government to cause the removal of (he factory already established, and to prevent the inception of others. On behalf of the Chamber of Commerce, we have, &c. (Signed) A. W. HARVEY, President of the Chamber of Commerce. J. GOODFELLOW, Secretary. St. John's, Newfoundland, July 28, 1886. Inclosure 3 in No. 22. Captain Hamond to Governor Sir G. Des Vaiux. Your Excellency, " Emerald," at Forteau, Labrador, July 11, 1880. I HAVK the honour (o forward, for your information, a copy of a Report made to me by Lieutenant-Commander Browne, Her Majesty's ship " Mallard," relative to the establishment of a French lobster tinning factory lately set up at Port-au-Choix. As the erection of a substantial building by the French appears to me in direct com* travention of the Treaty of Utrecht, and as I am instructed to abstain from dealing with cases which involve questions of Treaty rights, I forward this Report for the information of Her Majesty's and of the Colonial Governments. I have, &c. (Signed) RICHD. H. HAMOND. Inclosure 4 in No. 22. Lieutenant-Commander Browne to Captain Hamond. Sir, " Mallard," at Port-au-Choix, June 20, 1886. I HAVE the honour to report, with reference to the Treaty rights of the French to establish a lobster factory on shore at Port-au-Choix, that on my arrival on the 22nd I found a lobster factory being worked by a Captain Dameron, a Frenchman. The factory employs fifty-five Frenchmen and one Newfoundland man, and four women belonging to the place. I heard that the factory had been stopped by the French man-of-war " Drac," but shortly after, on the French man-of-war schooner " Perle " arriving, they again commenced operations. I informed the Manager that I would report to you the matter, and also that I considered such an establishment illegal, and warned him that he had better not incur any more expenses. The factory is still being worked, and on the 26th the French brigantine " Jombola " arrived from Maramichi with u cargo of spars and lumber to complete the buildings. The factory is substantially built and roofed with corrugated iron. ^'M" 1 did not consider it advisable to make any protest on the subject to the ofiicer commanding the " Perle," as I knew I should be able personally in a few days to report the matter to you for adjudication. I have, &c. (Signed) W. L. H. BROWNE. No. 23. Admiral the Earl of ClanwilUam to Admiralty. — {Received at the Foreign Office, Septembei- 17.) " Bellerophon," at St. John's, Newfoundland, Sir, September 1, 1886. IN forwarding herewith, to be laid before the Lords Commissioners of the Admiralty, a Report from the Senior Officer on the Newfoundland Division, of the seizure of cod- traps by the Senior Officer of the French ships employed on the Newfoundland fisheries, I have the honour to request you will inform their Lordships that Captain Hamond has sent a formal protest (of which a copy is inclosed) against this action to the French .1 i 1 : 1 If 'I t i 66 Commodore, and requested tliat the cod-t4'e iruidance of the respective officers employed this season. Tliose given to IJer Mtyesty's ships, with the exception of the substitution of the Agreement of 1885 for that of 1884, were similar to the orders given in 1885. 4. The fishing season will be over, and Her Majesty's ships withdrawn from Newfoundland before this matter can be considered between the respective Governments ; but it is most de^^irable that a distinct understanding sliould be arrived at before the commencement of the season of 1 887. 5. Article IX of the Agreement of 1885, which, under certain circumstances and conditions, and after warnings that, in the case reported in 8ub-Inclosure No. 1, were only given on the day of seizure, appears to empower French Commanders to take fishing implements from offenders in order to place them on shore, or to give them up to the Commanders of Her Majesty's sliips, but could never have been intended to warrant a seizure and removal involving the total loss of the properly of Britisii subjects. 6. The question wiiether the use of cod-traps shall be made illegal is under con- sideration of the Government of the Colony, but it is one of considerable difficulty, which will take a long time to settle, and there are a variety of interests involved. I have, &c. (Signed) CLAN WILLIAM. Inclosure 1 in No. 23. Coptain Hamond to Admiral the Earl of Clanwilliam. My Lord, " Emerald," at St. Johti\ August 26, 1886. IN accordance with paragraph 14, p. 6, Senior Officer's Instructions, Newfoundland, I have the honour to report that it has come to my knowledge that in two cases the French Commodore has interfered with British subjects and their property, by seizing and retaining their cod-trajjs, and in both cases, the owners state, without giving them previous warning. 2. By Article 9, p. 20, of the new Arrangement of 1885 (whicli Arrangement has not been ratified by the Newfoundland Government), after due warning, this action might have been justifiable in the .absence of any of Her Majesty's ships, but under existing circumstances, and with British cruizers so stationed as to be constantly accessible, it appears to me that these acts are illegal. I have not yet had an oppor- tunity of sending a remonstrance on the subject to the French Senior Naval Officer. 3. I am of opinion that the cod-traps are a constant source of trouble between the French and ourselves, and that in many cases they do interfere with the French seine fishing. The French forbid their own fishermen to use them, but the using of them is legal according to the law of Newfoundland. 4. I inclose the sworn statement of John Pilgrim as to the facts of one case, and the Report of Commander Gibson, Her Majesty's ship " Lily," with regard to the other case. I have, &c. (Signed) RICHD. H. HAMOND. Inclosure 2 in No. 23. :: Deposition. Newfoundland District to wit : THE evidence of John Pilgrim taken upon oath, and who saith: — On the Cth July a steam-boat belonging to the French man-of-war " Clorinde " came up tc White Cape with another boat in tow. The steam-launch came up to my house in White Cape Harbour, and asked me if I would take up my cod-trap in Herring jrcd up to one J WILLIAM. 67 Cove. I saiil I would when I had had my dinner. Tlie steam-launch then went out to the other boat and came back to the stage as I was getting into my boat and took mo in tow. When I got to Herring Cove I found the trai) was halt-way in the pulling boat. The officer in charge of the boat said, if I wanted my trap I must come to the French man-of-war at Kirpon. I went on board the *• Clorinde " that evening and saw the Commodore. Ho told me I would get the trap when the " Lily " arrived. About three days previously the captain of the "Lily" told my wife that if my trap interfered with the French I must take it up. I have not seen any French boats fishing at While Cape for four years, and there is no French room at Criquet. I have lost my summer's fishing in consequence. (Signed) JOHN PILGRIM, his x mark. Witness : (Signed) Henry dk C. Ward. Sworn before me at St. Lunaire Bay, this 5th day of August, 188G. (Signed) RiciiAnn A. Hamond, Captain and Senior Officer, J.P.for Newfoundland. Inclosure 3 in No. 23. Commander Gibson to Captain Hamond. Sir, " Lihj," at St. John's, August 26, 188G. I HAVE the honour to report that, during my last visit to Ha Ha liny on the 27th July, a man named Parmiter stated to me that a boat from the French man-of-war (the " Clorinde ") had taken away his cod-trap. 2. It appears that, previous to the trap being taken, an officer had given warning to some of the inhabitants of Ila Ha Bay to remove their traps, but owing to Parmiter living at the top of the bay he heard nothing about it, and on an officer visiting Ha Ha Bay a second time he found the trap down, and had it removed. I have, &c. (Signed) HERBERT W. S. GIBSON. 'm ips, but under HAMOND. Inclosure 4 in No. 23. Captain Hamond to Admiral the Earl of Clanwilliam. My Lord, " Emerald," at St. John's, September 1, 1886. WITH reference to my letter of the 26th ultimo, I have the honour to forward herewith a duplicate of the letter I have addressed to the French Senior Officer protesting against his action in seizing cod-traps, the property of Newfoundland fishermen. T llftV6 &c (Signed) ' RtCHD. H. HAMOND. Inclosure 5 in No. 23. Captain Hamond to Captain Le Clerc. Sir, ' " Emerald," at St. John's, August 31, 1886. IT having been reported to me that you have seized and kept several cod-traps belonging to Newfoundland fishermen living on that part of the coast where the French have fishing rights, I regret that it is my duty to protest most strongly against your action in so doing. During the fishing season of 1885 and of the present year, to avoid any difficulties, two English men-of-war have been instructed to constantly touch at the ports where the French fishing is carried on, and the Captains of these cruizers have been told to leave word on their departure from a port to let their next destination be known, so that, in case of any question arising, a French cruizer could put herself in communication with one of Her Majesty's cruizers. These orders have been carried out on our part. [269] *^K 3 ■' (. * r. IM I i. 68 I hare the honour to request that 3'ou will cause these nets to be delivered to one of Her Majesty's ships, observing that the " Lily " and " Mallard " arc both about to return to their former stations. It is with much regret that I feel obliged to write this protest, but you will under- stand it is from a sense of duty, and that I trust it will not alter the pleasant relations that have existed hitherto between the naval officers of the two nationalities. I have, &c. (Signed) RICHD. H. HAMOND. No. 24. Count d'Aubigny to the Earl oj Iddesleigh. — {Received September 21.) (A.) M. le Comtc, Londres, le 20 Septembre, 1886. NOTRE Vice-Consul h Terre-Neuve vient d'informer le Gouvernenicnt de la Rd'publique que sept usines h homard seraient actuellemcnt cxploit^es par des residents Anglais sur le " French Shore." Je suis charg^ par M. de Freycinet de signaler ces nouveaux iaits a Votre Scigneurie, aupr^s de laqucllc M. Waddington a dej^ proteste le 25 AoiM dernier centre dcs infractions analogues dmanant des residents Anglais sur ce territoire, aux droits qui sunt conferees ii la France par les Trait^s. Veuillcz, &c. (Signd) L. D'AUBIGNY. (Translation.) My Lord, London, September 20, 1886. OUR VicC'Consul in Newfoundland has just informed the Government of the Republic that seven lobster factories are at this very moment being worked by English residents on the " French Shore." I am instructed by M. do Freycinet to acquaint your Lordship with these new facts. M. Waddington has already protested, on the 25th August last, against similar infractions of the rights conferred on Prance by the Treaties on the part of British subjects residing in that territory. I I1Q.VC &c (Signed) ' L. D'AUBIGNY. No. 25. Count d'Aubigny to the Earl of Iddesleigh. — {Received September 21.) M. le Comte, Londres, le 20 Septembre, 1886. UN D^cret du Gouvernement de Terre-Neuve en date du 9 Aoftt dernier a suspendu la p^che du homard pendant trois anndes, k compter du 30 Septembre prochain, dans le Havre des Roches (Bonne Baie, "French Shore "). Je suis chargd d'annoncer h votre Excellence qu'en presence du droit de pSche que les Trait^s conferent a la France dans la region de I'lle il laquelle s'applique le D^crel, droit qui ne peut ^videmment etre limitd dans son exercice, il est impossible h mon Gouverne- ment de reconnaitre aucune validite h la mesure prise par les autorit^s de Terre-Neuve. Veuillcz, &c. (Signe) L. D'AUBIGNY. (Translation.) My Lord, London, September 20, 1886. A DECREE of the Newfoundland Government, dated the 9tb August last, has prohibited lobster fishing for three years, from the 30th September next, in Rocky Harbour ( Bonne Bay, " French Shore "). I am instructed to inform your Excellency that, in view of the fishery right conferred on France by the Treaties in the part of the island to which the Decree applies, a right which can evidently not be restricted in its exercise, it is impossible for my Government to recognize in any way the validity of the measure taken by the Newfoundland authorities. I have, &c. (Signed) L. D'AUBIGNY. 69 No. 26. )art of British LUBIGNY. Count (I'Aubifftiy to the Earl of Iddeileigh. — (Received September 21.) (C.) M. le Conite, Londres, le 20 Septembre, 1886. LE Commandant de notre station navale i)i Terre-Neuve, pour garontir aux pfichours FrenQais I'exercice des droits dont la jouissance Iciir est assur^o par les Trait^s, avait 416 contraiiit de confisquer les engins de p^chc d'un certain nombre do rt^'sidents Anglais qui s'^taieut refuses ii se conformer aux injonctions de nos croiseurs. Les D^partements de la Marine et des Atf'aires T*!trang(^re8, d^sircux de fournir un nouveau tcmoignage des dispositions conciliantes qui les animent, ct convaincus que la saisic des trappes des p^chcurs Anglais avaient sufiisamment affirme en principe rcxercice complet et rigoureux dc nos droits, donn^rent au Commandant Le Clerc I'ordre de remettrc los filets saisis au premier croiseur Anglais qu'il rencontreruit. Cet oflicier dcvait fnire observer du rcste qu'une scmblablo disposition ne pourrait plus s'appliquer ddsormais, dans Ic cas oh nous nous trouverions de nouveau contraints d'user dc rigueur vis«ik-vis des p^cheurs Anglais. Ccs instructions lui etaient d6}h parvcnues, lorsque le Commandant de notre station navale dc Terre-Neuve a fait savoir au Ministre de la Marine qu'il venait de recevoir du chef de la Station Anglaise une protestation contre la saisie des engins de pdche, dont la remise etnit en mSme temps r^clam^e. M. Le Clerc repondit immddiatcment que son Gouverncment, mu par des considiSrations bienveillantes, venait de lui donner des ordres dans cc sens et qu'il priait en consequence le Commandant Anglais dc retirer sn demaade par ^crit. Cette satisfaction ayant 6t6 pleinement donn^e, les engins furcnt remis. En portant ces details h. la connaissance de Yotrs Seigneurie, nion Gouvernement me charge d'insister auprds d'Elle sur ce fait que nous avions d6j^ pris spontan^ment I'initiative (le faire remettrc aux pfichcurs Anglais, par i'intermediaire dc leurs croiseurs, les fileta confisquus, et que des ordres precis avaient etd envoyds dans ce sens au Commandant de notre station navale avant que la r6clamation du chef de la division Anglaise se produislt. Veuillez, &c. (Sigud) L. D'AUBIGNY. (Translation.) My Lord, London, September 20, 1886. THE Commander of our naval station at Newfoundland, in order to guarantee to French fishermen the exercise of the rights the enjoyment of which is assured to them by the Treaties, was forced to confiscate the fishing implements of a certain number of British residents who had refused to obey the injunctions of our cruizcrs. The Departments of Marine and Foreign Affairs, being desirous of giving further proof of the conciliatory spirit which animates them, and convinced that the seizure of the traps of the English fishermen had sufficiently affirmed in principle the complete and strict exercise of our rights, gave Commander Le Clerc orders to return the captured nets to the first English cruizer he should meet. This officer was at the same time to point out that such action cannot be hereafter repeated in cases where we may find ourselves again obliged to act rigorously towards British fishermen. These instructions had already reached him when the Commander of our naval station at Newfoundland informed the Minister of Marine that he had just received from the Chief of the English Station a letter protesting against the seizure of the fishing implements, and at the same time demanding their return. M. Le Clerc immediately replied that his Government, actuated by kindly motives, had just instructed him to the same effect, and he therefore begged the British Commander to withdraw his written request. This satisfaction having been fully accorded, the nets were returned. In bringing these details to your Lordship's notice, my Government instruct me to point out that we had already spontaneously taken the initiative in returning the confiscated nets to the British fishermen through their cruizers, and that precise orders to this effect had been sent to the Commander of our naval station before the demands of the Commander of the British squadron were form^ated. I have, &c. (Signed) L. D'AUBIGNY. iiil « !.'il i.i I i* AUBIGNT. 70 No. 27. Foreign Office to Colonial OJfive. Sir, Foreiijn Office, Septembtn' 27, 1880. WITH reference to my letter of tlio Ist instant, I am (lirtctcd by tho Kurl of Idileulci^'h to trunsmit to you licrcwitli, to be luiil before Mr. Kecretnry Stunboite, for any observations wbieii lie may bavc to make tiicieon, a copy of a note from the I'rcneli Cliarj!;d (i'Atfaires at this Court calling the attention of ilcr Muit'sty'n Government to the reported establisliinent by Newfoundland linhermtfii uf seven lobHter factoriuti upon tiio Bu-called •' Trencb Hliore.^'» I urn, &c. (Signed) JULIAN PAUNCEFOTli;. : No. 28. Admiral the Hurl of Clunwillium to Admiralty. — {licccived at the Foreiyii Office, October H.) ^V. John'x, New Jhunswick, Seplemlicr 14, 1880. SUBMITTED for information and consideration, with reference to my letter of the 1st instant. 'J. Until fishing with cod-traps is made illegal, their continued use will lead to serious difficulties bctv/een the French and English. (Signed) CLANVVILLTAM. Inelosure 1 in No. 28. Captain llumond to Admiral the Earl of Clanwilliam. My Lord, "Emerald," at Sydnei/, Cape Dreton, September 9, 1880. I HAVE the honour to forward herewith a letter I have received from the French Senior Oflicer, and a duplicate of my reply thereto. I have, &c. (Signed) RICHD. 11. HAMOND. m !1 ti Inelosure 2 in No. 2S< Captain Le Clerc to Captain Hamond. Monsieur, Sydney, le 8 Septembre, 1880. .J'AI riionncuv de vous accuser reception dc votrc communication du 31 AoAt dernier, communication dans laqucllc vous voulez bien me fairo connaitrc que vous protestcz de la fa^on la plus formelle centre la saisie et la retenue de filets que la "Clorindc" a dA, par mes ordres, op^rer tant au Cap d'Oignon qu'si la Bale de Haha et aux Griguets. Les motifs que vous voulez bien mettre en avant sont que les croiscurs Anglais ont toujours pris soin de visiter constammcnt les havres ou pfichaient les Fran^ais, veillant h ce que leur pftche ne fut pas interrompne par les sujets de Sa Majesty Britannique, et ayant toujours soin de laisser connaitre dans leur derni^re relAche k quel cndroit ils se rendaient, afin de pouvoir intervenir a un moment donn^, et dviter ainsi aux croiseurs Fran9ais le soin de jjrendre aucune mesure de coercition vis-h-vis des pteheurs de Terre-Neuve, qui exercent leur Industrie k I'abri du pavilion Britannique. Je commence, avant tout, par rendre pleine et enti^re justice it, la fa9on dont les croiseurs sous tos ordres se sont acquitt^s des delicates fonctions dont vous les aviez charges. C'est un fait constant que le " Lily," entre autres, k la c6te est, a toujours dtd en mouvement, et qu'il n'a ccssd de visiter frequemment les havres occupds par les pdcheurs Franfais, et qu'il a toujours pris le plus grand soin que nos pecheurs ne fussent pas interrompus dans I'exercice de leur p€che. Cependant, vers la fin de Juin, et dans les premiers joiu-s de Juillet, je recevais les • No. 24. 71 NCEFOTK. cc, Oclolier 3.) HAMOND. e recevais les (Icinaiulcs Il's plim pressniites do In part dee CupitninoH Domiiluiii vt Kouard, otabli!:! oa p^clic ftii Kirpnn, ine disnnt que iiinlgrd touto lu vigilnnco des croisctirs Anglais, les goclcttcs noiiiadcH ct (|uel(|iu>8 rt^sideiits no ccssnient d'irifcstcr les liciix dc pt'clic nvcc Icurs tnipiJcs, Ie8(picllc8 leui' font iin tort considcrabli', ct que les navires dc guerro n'etaient \nm phitrtt partis que les tnippea rc|)arni8»aient. Je tnn Huis alurs rendu i\ la Dnic du Haerc ct au Kirpon, ct avnnt de prendre aupuno (li5cision jo mo suis livrd sur lea lieux h une enqu(ite, m^mo aupri^s dcs sujots Dritanniqiies. 11 est rcssorti dc la declaration dcs residents du Kir|)on, de ccllc dc Henry Sucker, par exempic, et dc benucoup d'autrcs p^elicurs, quo non sculemenl les trappcs Ani^laiscs H^iiaient nos gens, niais encore (juo la pflclic du Capitnine Domnlain ct cellc du Caiiitaine Ilouard avaient etd ruindc par lour presence. Ccs residents nic jjriaient, interne, dana leur int^rCt propre, do fuiro lover ccs cngins (iestriieteurs, et tnc signalaient leur presence dnns les baics avoisinnntes. .J'ignoraia cnti^rcnicnt oii so trouvnit lo " Lily," ct aucun des residents ne mc I'n dit, pas niCme ceux dont les trappcs ont t''t(5 saisics. Sur ccs entrelaites, la nioruc h la poursuite du capelan est arrivec en abondancc, et 11 dcvenait urgent dc perniettrc uux pbclieurs Fran^nis do pCclier el dc tftclier ainsi de relever leur situation compromise. Iin CO moment, nos seines d6bor(laient sir In partio de cfito comprise, d'ano part, entrc ie Cap Hauld ct la Baic du Nord dcs Griguets ; de I'outrc, entre le Cap Hauld et la Baie de Ilaba. Le (» .luillet, aprt'-s m'6trc assuid- par uioi-memo que Ics plaintes dc mcs nationaux dtaient bien fondles, avoir envoye nion canot h vapeur i\ Tcnlree du Petit Kirpon voir si Ton u'aperccvait pas le " Lily," j'ui d^tache un officier pr^venir les propri(5taires des trapjies qui se trouvaient plac^cs ii j'entr^c dc la Baio du Nord, au.\ environs dc la Pointe de la Tempc(tc et dc la Pointo u Broizc, que I'intention de nos seines dtant de debonler aupriis. de I'endroit occupo par les trappes, jc les priais dc Ics lever, lour laissant vingt-quatrc heurcs pour op(5rer ccttc lcve servent vos nationaux sont remis en place. C'est si vrai que I'an dernier le croiseur Anglais a dd lui-iny Averc making for, so as to bo able to intervene at any moment, and thus preclude the nccessily of flu; Froneh cruizers taking any coercive measures against the Newfoundland fishermen, who carry on their industry u'ub.'r the protection of tbc British flag. I Avill conunencc by rendering full and etitiro justice to the manner in which the cruizers under your orders have pcrfornu'd tbc delicate functions you have intrusted to them. It is a well-known fact that the " I-ily," amongst oibors on tbc east coast, has been constantly moving about, has paid frequent visits to the harbours occupied by the I'ronch fishermen, and has always taken the greatest care that our fishermen should not ho interrupted in the pursuit of their lishery. Ncvertbeless, towards the end of June and in the first days of July I received most pressing appeals from Captains Domalain and llouard, engaged in fi.shcry at Kirpon, telling me that, notwithstanding the vigilance of the British cruizers, the stray risbing-sniacks and scmie of the residents continually infested the fishing grotinds with their traps, Avhich did them a great deal of harm, and that the men-of-war were no soo Aci- gone than the traps reappeared. I tben went to the Bale du Sacrc and to Kirpon, and before coming to any decision I instituted an inquiry, even amongst the British subjects. It appeared from the declaration of the residents at Kirpon, such as Henry Sucker for example, and of many other fishermen, that not only did the British traps injure our people, but also ihat the fishery of Captain X)omalaiu and that of Captain Honard bad been ruined by their pr"sence. 7S uis convaincu Ji CLERC. u-of-war were These residents even bepged rae iu their own interests to have these destructive removed, and pointed out to me their presence in the neighbouring bays. I was entirely ignorant of the whereabouts of the " Lily," and none of the resi- dcnis told me, not even those whose traps were seized. Iu the meanwhile, the cod were arriving in great numbers in the pursuit of eapelin, and it became urgently necessary to allow tlio French fishermen to fish, and to try in this way to relieve their disti'essiug situation. At this nionient our nets were laid down on that part of the coast lying on one side l)()tween Cape Ban hi and the North Bay of the Griquets, on the other between Cape liauld and Cape JIaha. On the 6th July, after Jiaving assured myself that the complaints of the Trench were well founded, and having sent my steam-launch to the entrance of Little Kirpon to see if the " Lily" was in sight, 1 sent an officer to inform the proprietors of the trai>s placed at the entrance of North Bay, near Point Tempest and Pointe k Broize, that, as we intended to lay down our nets near the spot occupied by the traps, I requested that they should remove them, granting them twenty-four hours to carry out this operation. The next day, the 6th July, exactly twenty-four hours afterwards, I sent the steam-launch, commanded by a Midshipman of the Pirst Class, furnished with written orders, in which I expressly and formally instructed him to do nothing if the " Lily " was in eight, but to go on board the British cruizer and request her assistance in removing the British tmps. As the " Lily " was not in sight, the British traps, three in number, situated on the spot where the nets of the French vessel *' Union " were to be laid down, were raised by their owners on the condition that the trap belouging to one John Pilgrim, wliich lay about 2,800 metres from theirs, should also be raised. This request was just. Pilgrim, a sharp, cunning fellow, knew well that, although there are no French fishermen established at the White Cape itself, our fishermen from Kirpon go to lay their nets in North Bay, where the fish cannot go, being stopped by the proximity of his trap. In these circumstances, his own countrymen threatened that they would not raise their traps if he WP'-e not made to do the same, and I was obliged, in conformity with the orders of ray Government, to seize a net which he refused to raise. This happened on the 7th July. At Haha Bay the nets of the French vessel " Sans-Souci " could not work, ajid there were at least eleven English traps there. I sent warning to have them raised, allowing six hours for the purpose. Our citizens, with two exceptions, raised their traps. In spite of all our patience and verbal warnings they positively refused to raise their nets.* I had them seized. You will understand, Sir, that the protection which the British cruizers try with the best will in the world to accord to our fishermen is entirely illusory, for they are no sooner gone, their smoke has no sooner disappeared, than the destructive engines used by your countrymen arc replaced. So true is this, that last year the British cruizer had herself to confiscate the engines at llaha to put an end to this state of things. By the estimates of the British residents themselves, the harm done to the Kirpon fishermen by the traps at Haha and Griquets has this year been not less than 2,000 quintals of cod, and that on a coast already devastated and ruined by their presence. In view of these facts, I have had to carry out the orders which have reached me from Paris, and this I have done with the moderation and the tolerant spirit which I have for many years tried to apply to the exercise of my duties on the Newfoundland coast; and I feel certain that, after an attentive examination of the question, you yourself Avill bo convinced of this. With regard to that part of your communication which concerns the handing over of the engines to one of Her Britannic Majesty's cruizers, I have the honour to inform you that it is unnecessary for me to bring it to the notice of my Government, because I have received orders to put the captured nets on board one of the cruizers under your command. In consequence, I have sent orders to the " Drac " to go to Forteau and hand over the nets to the "Lily," to whom the owners are known. I beg to point out that your communication, dated St. John's, the Slst August, only reached me on Monday, the 6th September, at 5 p.m., when I was already in ^H :?! •"■ £.4 1 .'. ■:; ' ! r. >,- '1 ' 'fi. [269] Although they had already been leveral times warned by the " Lily." 1 , 74 communication with my Government on tho subject of the destination to which the nets were to he sent at the end of the Ashing season. It is, therefore, in order to show clearly their strong desire for conciliation that the French Governmei\t ordered me to return the nets, without my having transmitted to them your communication. It was not their intention to commit an act of arbitrary seizure on the property of fishorraen who profit by their position as British subjects to destroy tho fisheries which tlie Treaties reserve for our use, but to safeguard for oiu- citizens the free exercise of a right M'hich becomes illusory in view of the obstinacy witl» which British fishermen evade the orders given to them by the cruizcrs uf their own nation. In conclusion. Sir, I can assure you that it will not he my fault if the cordial relations which have always existed and still exist between the cruizcrs of the two nations should cease in Newfoundland. They rest on a mutual esteem, which cannot be affected by the responsibility imposed on us by the duties which each of us has to perform in accordance with the orders of our respective Governments ; and I cannot conclude without stating here that, but for the vigilance of oui* cruizera, and their impartiality, our fishermen would not be able to exercise a right of fishing to which France attaches great value, and the free exercise of which she Avill never cease to claim. I d(!eply regret that natives of Newfoundland should frustrate all our mutual good-will by a constant unwillingness to comply with the exigencies of the Treaties, and also by the use of destructive nets, which will not only bring about the ruin of the Newfoundland coast, but also place in constant jeopardy the good relations existing between the two nationalities. I am, &c. (Signed) J. LE GLEllC. Inclosure 3 in No. 28. iii Captain Hamond to Captain Le Clerc. Sir, " Emerald," at Sydney, Cape Breton, September 9, 1886. I HAVE the honour to acknowledge the receipt of your letter of yesterday's date, in reply to my letter of the 30th August, in wliicii 1 protested against the seizure and retention of certain cod-traps. 2. In the first place, I thank you sincerely for your remarks on the way our cruizers carry out their duties, especially as regards the " Lily." 3. It is, I think, unnecessary for me to enter into further correspondence, as I shall forward your letter officially ; at the same time assure you that I am convinced that, in executing the orders you received from your Government, you were guided by a sincere spirit of moderation. 4. As regards my letter of the 30th August, in which I request that these cod-traps may be handed over to one of Her Britannic Majesty's cruizers, in view of your statement that you have received instructions from your Government, in reply to your communi- cation prior to the receipt of my letter of the 30th August, received by you on the 6th September, 1 beg to formally withdraw that request, it being now unnecessary. 5. In conclusion. Sir, I am very glad to have had this opportunity of meeting you, and 1 feel that, whatever may be the difference of the views of our respective Governments, that in carrying out our nrders we shall be always able to do so without endangering the cordial relations that exist oetween us. 6. I have telegraphed orders to the " Lily " to proceed to Forteau and receive the nets fh)m the " Drac." 1 iiave, &c. (Signed) RICHD. H. HAMOND. No. 29. Oovernor Sir G. Des Voeux to Mr, Stanhope. — {Received at the Foreign Office, October 18.) (Extract.) Government Hoitse, Newfoundland, September 14, 1886. REFERRING to my despatch of the 2nd August, 1886,* on the subject of the establishment of a lobster factory by the French ac Port-au«Choix, on that part of tho * InolotuN 1 in No. 33. 75 our cruizers coast of this island where the French have certain fishing rights, 1 have now the honour of forwarding to you an extract from a letter addressed by the Sub-Collector of Customs at Bay of Islands to the Receiver-General of this Colony, and brought to my notice by the latter, in which letter, you will observe, is reported an intention, on tlie part of the French, to establish next season another lobster factory at Harbour Island, one of the dependencies of this Colony ; and the question is raised as to the liability of those establishing such a factory to be brought under the laws, and to be made subject to the duties, of this Colony. 2. Yon will also observe, further, that an intention is reported, on the part of the French, to establish factories of a similar kind at other places on the same coast. 3. I propose to refer the matter for the consideration of my Ministers, but have thought it right to lose no time in making you acquainted with this report, which, if correct, indicates a fixed intention on the part of the French to maintain a principle which appears to me to be manifestly at variance with their Treaty rights. 4. It is worthy of note that, simultaneously with these complaints on behalf of Britisli interests as to violation of the Treaties by the French, formal complaints are also being made on behalf of French interests in respect of the lobster factories established by British subjects on the same coast, as in various ways constituting interruption to, and interference with, the French fishery. This matter has been brought to the notice of our naval authorities by the officer in command of the French squadron in these seas; and 1 received yesterday a formal protest on the same subject from M. Des Isles, who gives his address as the " Vice-Consulat du France a Saint-.Tean de Terre-Neuve," and who, though not recognized as such, in fact discharsres the duties of Vice-Consul. 5. Some of these British factories have been established for several years, and belong to colonists of Newfoundland, but two or three have been established lately by colonists of Novia Scotia and Prince Edward Island, and these return no adequate compensation to this Colony for the denudation of the coasts of lobsters and the alleged injury of the fisheries by their refuse — scarcely more, indeed, than if their owners were French subjects. 6. I question whether lobster factories everywhere do not do more injury than benefit to the Colony, except when placed under restrictions, which it would be difficult to enforce on a coast so sparsely populated as that in question ; and as this view is very generally held here, it is not improbable that executive measures will be taken, purely in the interests of the Colony, for the suppression of the factories, which happen also to be complained of by the French — at least, those recently established. 7. I am inclined to think, however, that the best means of settling this particular question, pending a final settlement of the whole question of the fisheries, would be to close all the lobster factories belonging to both nations on the shore in question, either by international agreement, or (as suggested in my despatch above referred to) by executive action on the part of this Colony. 8. I shall convey to you the views of my Ministers as soon as f have had an oppor- tunity of learning them. M ■'■ ■'■•J i-'t 'i Inclosure in Ho. 29. The Suh-Collector, Bay of Islands, to the Receiver'General, Newfoundland. (Extract.) Bay of Islands, Newfoundland, August 31, 1886. IT is reported here that a Frenchman is about to establish a lobster factory (next spring) at Wood's Island (known as Harbour Island on the Chart). I mention this so that the Governmenl may be made aware, as I suppose it would be an infringement of the Treaty, and would lead to grievous annoyances, as no doubt they would protest against payiug duties and lights in connection with that business. They would, of course, have vessels coming with all sorts of goods for trading and lobster-fishing purposes. It is said the French Company are ready to erect lobster factories around the coast, and although in that event they would give a good deal of employment to our people (possibly), they would also create an additional complication in matters on what has been called the " French Shore." The French cod fishery is falling off" more and more every year, and before long we would not be very much troubled with them if we do not give them any additional hitch, for^wbich they could give us nothing but prospective troublet [869] L 2 I i-5;r n 'i l.; 76 I sec that the)r had marked out Wood's Island for themselves in the late Arrange- ment. They never go there, nor resort to it for fishing purposes. There is not any fish caught there but herrings, but it is composed of highly cultivable land, and would support 1,000 people if cultivated ; a portion of it is, and gives a rich yield. No. 30. Mr. Stanhope to Governor Sir G. des Vteux. Sir, Downing Street, October 18, 1880. I HAVE the honour to transmit to you herewith copies of the accompanying papers received through the Admiralty from the CommandtT-in-cliiel' on the North American and West Indian Station, relating to the seizure of cod-traps belonging to British fishermen by the Seuior Naval Officer of the French squad, on on the Newfoundland coast.* You will observe that Captain Haniond, of the " Emerald," in his letter to the Earl of Clanwilliam dated the 25tii August last, gives his opinion that the cod-traps are a constant source of trouble between the French and British fishermen, and that in many eases they interfere with the Frencli seine fishing. Lord Clanwilliam states that " the question whether the use of cod-traps shall be made illegal is under the consideration of the Government " of Newfoundland ; and in his letter to the Secretary of the Admiralty of the 1 4th September his Lordship observes that " until fishing with cod-traps is made illegal their continued use will lead to serious difficulties between tiie French and English." The French Commodore, moreover, in his letter to Captain Ilaniond of the 8th September, states that British residents on the coast have begged him in their own interests to remove these traps. In these circumstances, I should be glad to be informed whetlier your Government contemplate taking any steps for prohibiting the use of cod-traps, at any rate on that part of the coast of iNewfoundland to «hich the French right of fishing extends. As regards the action taken by the French naval officer m seizitsg the fishing-gear of British subjects, I have suggested to the Secretary of State for Foreign Affairs that the French Government should be informed that Her Majesty's Government cannot recognize any right on the part of French naval officers to take sucii action under existing Treaties. I have, &c. (Signed) EDWARD STANHOPE. No. 31. i in b] h i t \ Count d'Anbigny to the Earl of Iddesleigh. — (Received October 21.) M. le Comte, Londres, le 20 Octobre, 1886. LE 25 Ao&t dernier I'Ambassadeur signalait k Votre Seigneurie Fexistence au " French Shore," h Terre-Neuve, d'usincs Anglaises pour la preparation de conserves de homard, ^tablies en contravention aux Trait^s entre nos deux pays, et M. Waddington demandait a Votre Seigneurie de vouloir bien agir sans d^lai pour mettre fin h I'exploitation dj ces usines. Moi-ni^me, M. le Comte, j'avais I'houneur le 20 Septembre de renouveler aupr^s de Votre Seigneurie les representations de mon Gouvernemeut. De nouvelles transgressions de m6me nature s'^tant encore produites sur le " French Shore," je suis charg6 de protester de nouveau aupr^s de Votre Seigneurie contre un ^tnt de choses manifestement injuste, et qui menace de s'aggraver chaque jour. Mon Gouvernemeut, place dans des circonstances analogues, n'a pas hesitd au mois d'Aout dernier a obliger un sujet Fran^ais h cesser I'exploitation d'une usine prdparant des conserves de homard ; il a la confiance que le Gouverneraent de Sa Majesty la Reine, en presence de notre attitude, se h&tera de son c6te de rappeler ses nationaux au respect des Traites existants. J'ai, &c. (Sign^) L. D'AUBIGNT. •iNo». «8,«nd 88. _ lANHOPE. 'eler aupr^s de AUBIGNY. 77 (Translation.) My Lord, London, October 20, 1886. ON the 25tli August last, the Ambassador notified to Your Lordsliip tlie existence on the " French Shore " in Newfoundland of English lobster factories, established in contravention of the Treaties between our two countries, and M. Waddington requested Your Lordship to take action without delay to put a stop to the operations of these factories. I had the honour, on the 20th September, to renew to Your Lordship the represen- tations of my Government. Fresh transgressions of the same character having occurred on the "French Shore," I am instructed to protest anew to Your Lordship against a state of things manifestly unjust, which threatens to become aggravated day by day. My Government, under similar circumstances, did not hesitate in Aiigust last to compel a French citizen to suspend the operations of a factory for preserving lobstei-s ; they trust that Her Majesty's Government, in view of our attitude, will hasten on their side to enjoin on British subjects a respect for existing Treaties. I have, &c. (Signed) L. D'AUBIGNY. No. 32. Colonial Office to Foreign Office.— {Received October 25.) Sir, Downing Street, October 25, 1886. I AM liirected liy Mr. Secretiiry Stanhope to acknowledi^e the receipt of your letter inclosing copy of a note from the French Chargd d'Aff'aires at this Court,* in which he gives notice, on behalf of his (.iovernment, that they cannot recognize the validity of a Decree stated to have been recently passed by the Government of Newfoundland prohibitin;^; for three years tiie tishing for lobsters in Bonne Bay. The views of Mr. Stanhope ou this uiutter are shown in the accompanying draft of a despatch which he proposes, witli the concurience of the Earl of Iddesleigh, to address to the Governor of Newfoundland. Pending a reply from the Governor, Mr. Stanhope is of opinion that it will be suffieient to acknowledge the receipt of Count d'Aubigny's note, with an intimation that the Decree in question has not been received I y Her Majesty's Government, but that the Governor of Newfoundland has been requested to furnish them with a copy of it. I am, &c. (Signed) JOHN BRAMSTON. [For Inclosure in No. 32, see post, No. 34.] No. 33. The Enrl of Iddesleigh to M, Waddington. M. I'Ambassadeur, Foreign Office, October 2S, IS>(i. WITH neference to Count d'Aubigny's note of the 20lli ultimo on the subject of a Decree passed by the Government of Newfoundland prohibiting lobster fishing in Bonne Bay for three years from the 30th ultimo, I have the honour to stite to your I'-xceilcncy timt this Decree has not been received by Her Majesty's Government, but that the (Jovernor of Newfoundland has been requested to send home a copy of tlie document. I have, &c. (Signed) IDDESLEIGH. ■ ■'■>■ i ■ i' I :J •.No, 26, I I i W ! I 78 No. 34. Mr, Stanhope to Governor Sir Q. Des Voeuv. (Extract.; Downing Street, October 30, 1886. I HAVE the honour to transmit to you a copy of a note received through the Foreign Office from the French Chargd d' Affaires at this Court,* in which he gives notice on belialf of his Government that they cannot recognize the validity of a Decree recently passed by the Government of Newfoundland prohibiting for three years the fishing for lobsters in Bonne Bay. I would he glad to be furnislied with a copy of the Decree. It would be advisable that any Decree or Order affecting the fisheries on the west and north-west coasts of Newfoundland should contain a clause reserving French rights under Treaty. No. ,^,5. Governor Sir G. Des Vceux to Mr, Stanhope. — {Received at the Foreign Office, November l.*).) (Extract.) Government House, Nemfoiindland, October 27, 1886. I HAD the honour to inform you on Saturday last, by cable, that Sir A. Shea is about to proceed to England, having been appointed Commissioner on behalf of this Colony for the purpose of more fully impressing upon Her Majesty's Government the views of this Government with reference to the Bill for regulating the sale of bait-fishes lately reserved by me for the signification of Her Majesty's pleasure. 2. As I have already informed you on more than one occasion, my Government regard the sanction of the Bill referred to as of vital importance to the interests of this Colony, and they now appoint a Commissioner to represent them on this sulyect in order to signify emphatically the continuance of this feeling, and with a view to secure, as far as possible, against failure in their object by the supply of the fullest information on all points whicii may be material to the consideration of the question by Her Majesty's Government. No 36. The Earl of Iddesleigh to M. Waddington. M 'Ambassadeur, Foreign Office, November 24, 1886. I HAVE had under my consideration, in communication with Her Majesty's Secretary of State for the Colonies, your Excellency's letter of the 35th August, and Count d'Aubigny's further letter of the 20th ultimo, calling the attention of Her Majeoty's Government to the establishment of two British lobster factories at Port-^-Port in New- foundland, and asking that instructions may be given to the authorities in that Colony to suppress these factories without delay. Attention is at the same time called to the course taken by the French authorities in reference to certain lobster factories established by French citizens at Port-aii- Choix. With regard to the factories at Port-au-Choix, whilst acknowledging with satisfaction the action of tiie French Government in discountenancing those fixed constructions by Frendi citizens as contrary to Treaty, I have to observe that, from a despatch recently receiveil from the Governor of Newfoundland,! it would appear that a French citizen con- tea plates establishing a lobster factory next spring at Woods or Harbour Island, and that others may possibly be erected on the coast. I have therefore to express the hope that the French naval officers will make known to the persons concerned that such a course is not albwed by the Treaties, and must be discontinued. In respect to the British factories at Port-k-Port, I would submit to your Excellency the following considerations : — It was admitted by Commodore Devarenne in 1881, in conversation with Captain Kennedy, R.N., of Her Mjyesty's ship " Druid," that these factories, which appear to have • No. 96. t No. 29. w been erected will) the full iisscnt of the Frenoh Consul, did not obstruct or in any way interfere with French fishery pursuits. These factories were established soint? years ago, as, for instance, that of Port-i-Port and that of St. Burbe's Bay, which formed the subject of correspondence between the two Governments in 1881 ; and it must be remembered that the Arrangement provisionally signed at Paris in November 1885 stipulated that all existing settlements should be allowed to remain. Although that Arrangement has not yet received the assent of the Newfound- land Legislature, owing principally to the objections raised to Article XVII, relating to the sale of bait on another part of the coast, Her Majesty's Government do not doubt that the French Government share their hope that a speedy settlement may be arrived at on the general question ; and having regard especially to the fact that the factories in question are not new ones, and were established with the assent of the French Consul, it is hoped that your Government will not object to their continuance pending a settlement of the Fishery question. The injury caused to the owners by a forced removal would be very great in the case of those which have been established for some years ; but if it should turn out that any of the factories in (|uestion have been established since the date of the Paris Arrangement, Her Majesty's Government will be prepared to take the necessary measures for their removal. I n&vc occ (Signed) ' IDDESLEIGH. 'A 1 V No. 37. Admirahy to Foreign Office. — {Received December 18.) (Extract.) Admiralty, December 14, 1886. I AM commanded by my Lords Commissioners of the Admiralty to transmit to you herewith, for the perusal of the Earl of Iddesieigh, printed copies of the Annual Report on the Newfoundland Fisheries for the past season, forwarded by the Commander-in-chief on the North America and M'^est Indies Station in his letter of the 23rd October. 2. My Lords propose to express their approval of the creditable manner in which the several officers employed in the supervision of the fisheries have carried out their duties ; and I am to request that in laying the Report of their proceedings before Lord Iddesieigh, you will invite his Lordship's concurrence in this approval. ?. Other matters which, in their Lordships' opinion, call for special notice, are those adverted to in Admiral Lyons' letter in paragraphs 2 and 3, respecting the use of cod-traps, and in paragraph 4, respecting the establishment of lobster factories. The latter form the subject of a separate correspondence between Captain Hamond and Commodore Le Clerc, which is printed at the end of the Fishery Reports as Inclosures 8-10. 4. I am to add that a similar. letter has been addressed to the Colonial Office. Inclosure 1 in No. 37. {^ice-Admiral Lyons to Admiralty. (Extract.) ^ " BeUerophon," at Halifax, October 23, ]S86. IN submitting, for the information of the Lords Commissioners of the Admiralty, the Reports on the Newfoundland Fisheries for the past season, 1 would observe : — 1. The hopes entertained by Her Majesty's Government that the recent instructions issued by the Government of France to its naval officers employed in Newfoundland waters would not be enforced have not been altogether realized. 2. The correspondence between Captain Hamond, of the " Emerald"— who, I may here take the opportunity of saying, has, as Senior Officer on the Newfoundland coast, displayed great tact and ability — and Commodore Le Clere, on the subject of the arbitrary seizure of cod-traps by French officers, will place their Lordships in possession of a fruitful source of grievance on the part of our fishermen, and of a growing irritation against the French. 3. The suggestion made by Captain Hamond, and his view is shared by the Governor of Newfoundland, that the use of cod-traps should be made illegal, would probably remove the principal cause of dispute and bad feeling between the French and Newfoundland fishermen. It seems clear that the practice of using these traps does '■I a $ m \ m I I t ^ ;;■' 80 interfrre with the French fishing; at the same lime, they do not tend to iinprovc the prospects of tiie great majority of our Hshernien. The French naval authorities forbid their use by their own people. Until the Legislative Assembly and Conncil of Newfoundland shall have passed a Law to the above effect, I think, with Sir William Des Vooux, that the English orticers should be empowered to forbid our fishermen from using cod-traps on that part of the coast where the French have fishing rights. 4. As regards the correspondence between Commodore Le Clero and Captain Hamond on the subject of the erection of lobster tiictories, the measures taken by Captain Hamond would, I think, fully meet the case. These canning factories must be a great boon in finding employment for the poorer classes of the inhabitants on the coast. •'). Their Lordships will observq that Captain Hamond expresses his satisfaction at the etticicnt niiinner in which their duties were peiformed by Commander Gibson, of the " Lily," and Communder VV. L. H. Browne, late of the " Mallard," who was on the Newfoundland coast the greater part of last season. 1 think that the expression of their Lordships' approval might be conveyed to Commander Browne. Inclosure 2 in No. 37. Captain Hamond to Vice-Admiral Lyons. Sir, •• Emerald," at Halifax, October 20, 1886. I HAVE the honour to forward herewith the Fishery Reports for this season. In accordance with the instructions 1 received, I have kept the two ships under my orders on those parts of the coast where the French have been exercising their rights of fishing. 2. The weather until August was bad ; tlic;re were a great number of icebergs on the coast, and much fog;j;y weather was encountered. 3. 1 would observe that Commander Gibson and Lieutenant*Commander Browne have proved most efficient officers, and carried out their duties to my entire satisfaction. 4. Lieutenant-Conmiander Sanderson informs me that the French lobster factory at Port-au-Clioix, on the establishment of which I made a separate Report (letter of the 11th .July, 1886), has been carried on at a considerable loss ; and that Captain Le Clerc, the French Senior Naval Officer, had the roof of the shed taken oft". The boiling and tinning operations have since been carried out on board a brig. .'). It is unnecessary to add any further remarks, as I have written more fully in my " General Remarks " at the end of the Fishery Reports. I have, &c. (Signed) RICHD. H. HAMOND. Inclosure 3 in No. 37. General Remarks on Fishery Report. THE cod fishing on the coasts of Newfoundland and Labrador has been this year much beh.w the generr.l average, with the exception of that on the south and south-west coast of Newfoundland. The back fishing has been very successful. At many of the ports on the coast schooners are manned and fitted out for Labrador, and as these have been generally unsuccessful this year there will be a good deal of distress and destitution. I believe the Newfoundland Government is aware of this, and will take measures of relief. I am strongly of opinion that the use of cod-traps on that part of the coast where the French have fishing rights should be made illegal. I addressed a letter to his Kxcellcncy Sir G. W. Des Vceux on the subject, and he informed me that the matter would be laid before the Legislature, and dealt with at the next Assembly. If the use of cod-traps was forbidden, it would remove one of the chief causes of trouble betwixt the French and English fishermen, and, I believe, benefit the resident fishermen. There have been few complaints made this year by either the French or English fishermen, but I understand there is a strong feeling of irritation against the French growing up aniongst the resident fishermen in consequence of the !^nch seizure and nore fully in my , HAMOND. 81 retention or cod-traps. I have written more fully on the subject in my letter reviewing the answer of Captain Le Clerc to my protest against his action. The salmon fishing has been bad, and seems to be decreasing yearly. I am inclined to attribute the decline to the use of cod-traps, which catch small and great, although it is not legal to set a salmon-net under 6-inch mesh ; also to the long-continued barring of the rivers. This practice is forbidden by law, but the law is often evaded. On the north coast the herring were plentiful during the latter part of the season. At St. George's Bay, where the fishery is much practised, 1 was informed that, owing to bad prices, it had not paid the fishermen to catch them ; however, latterly the prices improved. There are several lobster factories on the west coast of Newfoundland, generally doing well. A complaint against the establishment of two of them was made to me by Captain Le Clcrc. I visited the locality, but found that they did not interfere with any fishing. They were worked by two Prince Edward Islanders (father and son), and they promised me to burn or destroy all lobster refuse in future, so as to avoid any possible cause of complaint, and also to employ only Newfoundland residents in catching and tinning their lobsters. This constant employment will be a great help to the poor inhabitants of the district. The French fishing on the Newfoundland coast has been poor. There have been only twenty-two vessels this year, employing between 1,100 and 1,200 men; on the other hand, there has been an increase in the number of vessels prosecuting the Bank fishery from St. Pierre. (Signed) RICHD H. HAMOND, Captain and Senior Officer, Newfoundland Division. Inclosure 4 in No. 37. Commander CHbson to Captain Hamond. Sir, "Lily" at St. John's, ^Newfoundland, October 8, 1880. IN forwarding my Fishery Report, I have the honour to make the following remarks : — 2. The fishery this season on the coast between Cape St. John and Cape Norman has been generally poor ; at Cook Harbour and the Gray Islands it has been better than at most places. 3. I received one complaint from the Prud'homme of the French rooms at Kirpon concerning cod-traps being set and interfering with his fishing. 4. The French do not appear to object to the local fishermen fishing with hook and line, but they much object to traps ; and I am strongly of opinion that it would tend very greatly to remove chances of quarrels between the fishermen of the two nations if tra{)s were made illegal, or certainly so on that part of the coast where the French have fishing rights. 5. Both English and French complain of the passing schooners, and if some system of licensing them to fish only in certain places could be carried out, I think it would be very beneficial. 6. I am of opinion that if Article IX of the proposed new Arrangement of 1885, empowering the Commanders of French cruizers to oppose the fishing operations of British subjects, if necessary (and no English cruizer is in sight), is allowed, it is likely to cause trouble. 7. I believe there is a growing feeling amongst the Newfoundlanders that the French have too much power on the coast where they enjoy fishing rights, and it would not surprise me at all if they resisted by force, should they consider themselves strong enough to succeed, any attempt by the French to deprive them of their fishing imple- ments. One woman, speaking to me about her son's cod-trap, which had been seized by the French, declared she was an "Englishwoman," and would have shed her last drop of blood and died by her trap rather than let the French take it ; and when the women have those ideas, I don't think it will be long before they incite the men to resist. I have, &c. (Signed) HERBERT W, S. GIBSON. ti ; i if '4. ■ ii. [269] 31 il ,,.(,!■/. V) I , /. f >..;..• IncluHure 5 ill No. 87. ' . i; :• > • .1 .: I ' Oeneral Uemarkn on Newfoundland Fuhery Cruizes, June to Cktoher 1886. 'VHVi tittiiing generally on the nortlwwest conet han been " f'uir," und reported bettor than lust year. It was unfortunuto that the value ot herrini; was not known on the coast at an earlier date, as lust year having no wale for them none were taken when they tirst set in this year. The lobster lactones have done fairly well, except the French, who, I believe, sutlcred from having: their lobster-pots made of the wrong kind of wood. The wood split, and new pots had to be made ot a ditferent kind. The employment of some of the men and women belonging tu tlie place is very beneficial on the coast, especially when there is a scarcity of tish, and not much employment for the men in that way. At the French factory the latter part of the season the Newfoundland people employed were discharged, the French alone working the factory. The weather during the latter part of September and early part of October was very bad. Strong south-westerly gales were very prevalent, but no togs were exi)ericnced. A little ice was seen on the east coast and in tlie Straits of Belle Isle, but none on the north- west coast during this period. Tlie number of Freneii employed this veur was considerably less tlian last year. (Signed) ED WD. .J. SANDERSON, LieutemnU-Commander, •' Mullurd," October 6, 1886. [nclosurc 6 in No. 37. : S Triiii Chart nf the MonineiUs of the Ships employed on the Const 0/ Ncwfoundlund and Labrador duriny the Season of 1886. [Not printed.] Jnclosure 7 in No. 37. Captain Hamond to Admiral the Earl of Clanwilliam. My Ijord, " Emerald,'' at St. Johns, October 7, 1886. I HAVE the honour to forward herewith, for your information, duplicates of a correspondence with the French Senior Officer on the subject of the establishment of two lobster-tinning factories at Port-A-Port Bay. I have, &c. (Signed) RiCHD. H. HAMOND. Inclosure 8 in No. 37. W: , Captain Le Clerc to Captain Hamond. Men cher Commandant, Sydney, le 18^ou<, 1886. A MON passage i Port-d-Port, le 3 courant, je mc suis apergu qu'il venait de se fonder deux nouvelles usiries a homard en cette locaiite. Une premiere au nord de la pointe du Biuft' Head, et I'autre dans le nord-est et h terre do I'lle Shag. En depit de nos protestations formulees il y a cinij ans, le sud de la Bale de Port- a-Poit aux environs de Pic-Benis a ete compl^tcment devaste par I'usine etablie sur la pointe du milieu, en un endroit design^ sous le nom de Piccadilly, par les residents du pays. C'est maintenant le nord de Port-^-Port que ces nouveaux industriels vont ruiner si on ne vieiit les arr^tcr. Je viens done protester formellement contrc I'edification de ces deux ^tablissements qui, a quelque point de vue que Ton se place, constituent une violation des droits que les Trait^s conlSrent aux pecheurs Fran^ais. En eifet, ils d^truisent les richesses de la c6te ainsi que cela est d6)u fait pour Port Saunders, la Bale de Sainte-Barbe, et comme cela est en train de se fair^ pour la Baie M Sainte-Merguerite et la Raie cle Hnwke, ct nicnn(;ent In France cic ne plus pouvoir cxercer son droit de p^chc que sur une rfite cntitireniorit d^vnatde et ruin^c. Je vouH prio done, mon cher Commandant, do vouloir bien prendre note de ina proteatBtion et de lui donner toute suite qu'ellc coinporte. Vcuillez, &c. (SiRn^) F. LE CLKRC. (Trunnlation.) My dear Captain, Sydney, August 1 8, 1 886. ON my passage to Port«a-Port, tiie 3rd instant, I observed that two new lobster factories hnd Just been set up in this locality, one on the north of Hluff Head, the other on the north-east, on Shag Island. In spite of our formal protest five years ago, the south side of Port-ii-Port Bay has been completely ruined by the factory established on the point in the centre, in a place called by the residents " Piccadilly." It is now the north of Port-A-Port Bay which these new industries will ruin if they are not stopped. 1 therefore protest formally against the building of these two establishments, which, in whatever light it may be regarded, constitutes a violation of the rights which Treaties have conferred on French fishermen. In fact, they destroy the ricbes of the coast, as has already been the case in Port Saunders, Bay of St. Barbe, and as is now about to be done in St. Margaret's Hay and Hawke Bay, and France is thereby threatened with being no longer able to exercise her right of fishing, excopt on a coast entirely devastated and ruined. I therefore beg, my dear Captain, thot you will take act of my protest, and give it all due attention. . . .' . ->; i >' (Signed) ' F. LE CLERC. Inclosurc 9 in No. 37. HAMOND. Captain Hamond to Captain Le Clerc. Sir, " Emerald," at St. John's, August 26, 1886. 1 HAVE the honour to acknowledge your letter of the 18tli August, protesting against the erection of two lobster factories, one at Bluff" Head, and the other at Shag Island. I shall make a point of visiting that locality with as little delay as possible, but until after such visit I must reserve my opinion and action in the matter. At present I am hourly expecting the arrival of my Commander-in-chief, but shall shortly leave St. John's, and hope then to have the pleasure of meeting you to discuss various matters. (Signed) ' RICHD. H. HAMOND. Inclosure 10 in No. 37. vout rumer si . . < < . - Captain Hamond to Captain Le Clerc. ■ .. : . ' • " Emerald," at Port Saunders, Newfoundland, Sir, September 13, 1886. I HAVE the honour to report that I have visited the lobster factories at Blufl^ Head and on the mainland opposite Shag Island, as I informed you in my letter of the 26th August I was about to do. The result of my inquiries is that in my opinion these said factories do not interfere with any cod-fishing, either French or English. I learn that two fishing-vessels from St. Pierre have been fishing on the bank outside Long Point, but this point is 5 miles from Bluff Head, and 9 from the factory opposite Shag Island. However, I have ordered the owners of these factories to prevent all refuse of lobster being thrown into the sea, and to burn or otherwise destroy it. This they promised they would do in future. [2691 . M 2 iii ' ' '^ '1. 81 I think, Sir, these mouaurcs will avoid any poaBible injury to the cod-fiahing, and I truat will meet the case. I have, &c. (Signed) RICHD. H. HAMONI). 1 •: • ! : ■ I' I : A\ No. IM. Colonial Office to Foreign Office.— {Received December 23.) Sir, Downing Street, December 22, 1886. WITH reference to your letter of the 27th September last, and to the reply from this Department of the 20tb October, respecting an order issued in Newfoundland prohibiting for three years, with certain reservations, the fiHhing for lobsters in Bonne Bay, I am directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, a copy of a despatcli from the Governor of Newfoundland, with its inclosure, on the subject. It appears to Mr. Stanhope that it would be unadvisablo to make any further communication to the French Government on this matter until the views of the Governor's Ministers, which may be expected, are received. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 38. Governor Sir O. Dea Vmux to Mr. Stanhope. Sir, Government House, Newfoundland, November 24, 1886. IN accordance with your instructions, 1 have communicated to my Ministers your despatch of the 30th October, J 886, with refeience to the lobster tisherv on that part of the coast of Newfoundland where the French have fishing rights, t herewith mclose copy of the Order in Council made under "The Lobster Act, 1878," which is probably the " Decree " referred to in tiie representation from the Frencli Government, and, though I have as yet had no communication from my Ministers on the subject, I may mention at once that there was never any intention of enforcing this Order against French subjects. After my Ministers have had time to consider your despatch above referred to, I should probably have occasion to address you further on this subject. I have, &c. (Signed) GEO. WILLIAM DES VCEUX. Inclosure 2 in No. 38. Order in Council made under " The Lobtter Act, 1878." Upon representation from the inhabitants of Rocky Harbour, Bonne Bay, setting forth the evil which will result to them from an unrestricted taking, in that harbour, of lobsters, upon the supply of whicli they are dependent at certain seasons for bait for the cod fishery, and upon report of the Magistrate at Bonne Bay, verifying the said representation : It is ordered that from and after the SOth September next, and for a period of three years therefrom, no lobsters shall be taken in the said Rocky Harbour, except for the purpose of bait, under a penalty not exceeding 100 dollars ; but nothing in this Order contained shall prevent any person in the said harbour from catching or taking lobsters for food for himself and family. And all Customs officials, Magistrates, and constables are hereby required to be aiding and assisting in the e£Pectual carrying out of this Order, and enforcing the prohibition, regulation, and restriction herein contained. (Signed) M. FENELON, Secretary's Office, August 9, 1886. Colonial Secretary. M No. :n). Admiraltii to Fnrritjii Officr, — (Kecrhied January IH.) Sir, Admintlly, .hmuiinj IT), I8S7. RKFBRIUNG to Adininilty letter of tliu I4tli ultiino, iiicloMiii^ ropicH ol'tlir Ituport on tlu! Ncwt'ouiulluiul HsIiericH tor the past houhoii, and druwiii^ attention to the points specially adverted to in that Report, naniely, tlio use of cod-trH|)H, the eMtablishineiit of lobster factories, and the partial eiiforcnniciit of tliu new ioHtruetionH isHued by the French Government to their oflicors on the Newfoundland coast, 1 am uonimaiuled by my Lords CommiHsionerN of the Admiralty to transmit to you herewith, to he laid before tliu Secretary of State for Foreign AMliirs, a copy of a further letter, dated the I ith December, from tho Commander-in-chief on the N'ortii Americii and WcHt Indies Station, af;ain referrim; to these important matters, and inclosini; a copy of a letter relatini^ thereto wliicii has been addressed to Captain Ilamond, the Senior British Officer on the Newf'oundiiuid coast, by the French Senior Naval OtHccr, Captain Le C'lerc. 2. A sinulur letter ban been written to tho Colonial OtKcu. I am, &c. (Signed) EVAN MACCiRliGOR. t(^ •, I Inclosurc 1 in No. 39. Vice-Admirnl Lyons to Admiralty. Sir, " lipllerophon," at liermiidu, December 11, 18H(J. IN continuation of previous coriespondencc on the subject of the Newfoundland iisherics, forwarded with my letter of the 23rd October last, I have the honour to submit, lor the information of the Lords Commissioners of the Admiralty, a copy of a letter which was received on the 5th instant i)y Captain Ilamond, ot tlic " Knierald," from Cajjtain Lo Clerc, and in doing so 1 would jjoinl out that additional importance should be attaclicd to that letter from the liict tiiat 1 find it, was posted al Hrest on the I'Jtb November, some weeks after the leturn to France of Captain Le Clerc, whilst it |)rol'esses to have l)een written at Sydney, Hreton Island, on the 1^2n(l September, and it will be observed that Captam Le Clerc concludes his letter by saying : " I am confident my Government takes the same view of the ijuestion." It would thus apjjcar that the letter was wiittcn by Captain Le Clerc after communicating; with his Oovernment oi\ his return lron\ New- foundland. In these circumstances it seems to me that tiic French (government are disposed to enforce next fishing season, more rigorously than was done the last, the new orders issued to its naval officers in Newfoundland waters, which are embodied in M. Waddington's letter to Lord Rosebery of the 31st June last. Consequently, it is extremely desirable that an understanding should be arrived at between the two Governments before the commencetnent of the next fishing season, on the two questions more particularly at issue, the use of cod-traps by our fisliermcii, and the working of tho lobster factories on that part of the coast where the French have fishing rights. In my Idler quoted above I expressed my opinion on these two points: as regards the first, that their use should be forbidden as interfering with the French fishing and being injurious to tlie majority of our own people; and on the second, that, as the lobster factories do not interfere witli the French fishing and arc a great boon to the poorer classes of the inhabitants, that they should not be disturbed. Captain Lc Clerc is right in saying that only one of the 'oanufacturers is a citizen of Newfoundland, but the others are British subjects, and all the employes belong to tho island. I have, &c. (Signed) ALGERNON LYONS, t-i I 86 ■ 1 i ■_ ! 1 )»' (i ;: 1 ' 1 1 ^ Inclosure 2 in No. 39. Captain Hamond to Vice- Admiral Lyons. Sir, "Emerald," at Bermuda, December 8, 1886. I HAVE the iionour to forward a letter just received from Captain Le Clerc on the subject of lobster factories, in continuation of previous correspondence forwarded to you. (Letter of 7th October, ' «8fi.) 2. In this letter I notice tliat Captain Le Clerc takes his stand on '.tie exclusive right of the French to the fishery between Cape Ray and Cape St. John, a view quite at variance with that held by Her Majesty's Government. I have, &c. (Signed) RICHD. H. HAMOND. inclosure 3 in No. 39. Captaiv Le Clerc to Captain Haw and. Monsieur, " Clorinde," Rade de Sydney, le 22 Septemhre, 1886. J'Al riionneur dc vous accuser reception de votre depeche en date du 13 Septembre expediee de " rKmcrald" nu niouillagc de Port Saunders. Je vous rcmercie des mesurcs que vous avez bien voulu prendre au sujet des fabriques de conserves a liomards etablies par vos nationaux au Bluff Head et au mouillage de rile Shag a Port-a-Port. Jc ne puis toutefois laisser passer suns attirer votre attention sur elle.. la confusion qui semble resulter de votre lettrc entre la gfne resultant pour nos pecheurs de la presence de ces ^tablissements et la tnani^rc dont leur exploitation est conduite. Alors que je vous ai deniande dc les faire supprimer, j'avais d'abord en vue r<5vidente violation des droitb de la France par certains de vos nationaux qui n'ont pas mfimel'excuse d'fitre citoyens de Terre-Neuve puisque, a I'exception d'un seul, tous sont des industriels de I'lle du Prince Edward ou de la Nouvelle-ficosse. En second lieu, j'attiras votre attention sur les consequences d^sastreuses qua, pour les fonds de p'^che, I'incurie et le sans gfine avec lequel les nationaux Anglais praliquent leur illegale Industrie. Ces f'aits ont ^t^ reprinies par vos soins et c'est un premier point pour lequel je vous remercie, niais, je ne cesserai de reclamer aupr6s de vous et partant aupr^s du Gouverne- ment de Sa Majestd Britanniquc, la fermeture de ces etablissements. lis tendent, en cffet, t\ se nuiltiplier dune fa^on dangereuse pour I'avenir, et la tolerance que leur accorde le Gouverneinent dc Saint-Jean pent amener les plus f^cheuses consequences. Vous n'ignorez probableincnt pas que nos nationaux, par suite de I'attitude prise par le Parlement de Saint-Jean au sujet de la ventc de I'appftt, se verropt forc^^, h breve dch€ance, de se servir de la Baie de Port-a-I*ort pour y p6cher eux-mfimes ce qu'ijs ayaient I'habitude d'acheler aux pecheurs Anglais de la cote sud dc Terre-Neuve. II s'ens\)||; que si ces usines fonctionnaient encore I'an prochain, leur existence, en outre qu'elle serait contraire aux termes de la Declaration de Sa Majestc le Roi Georges, am^nerait certaine- ment des cc.nflits que nioii devoir m'oblige -h signaler. Cette question des usines d^; Poit-a-Port mo conduit A vous parlor de rArr6t<5 pris par le Secretaire Colonial, Mr. F^nelon, Arr^te interdisant pour trois ann^es la pfiche dy homard au Havre des Roches (Saint- Jean, 9 Aout, 1886). Je dois vous fairc connaitrc que je donne I'ordre aux batiments de ma division de ne pas tenir comptc d'un Arreie qui reglcmente \mc p6che dont I'usufruit n'appartient qu'k la France. Le Secretaire Colonial nc saurait a aucun titre donner ou retirer h des residents Anglais etablis sur le littoral de Terre-Neuvc entre le Cap Ray et le Cap Snint-Jean en passant par le nord, un droit quelconque, dfis (|ue ce droit concerne la pfiche, et j'ai la conviction que nion Gouvernement partagc ma manifire de voir. Je suis, Sic. (Signe) F. LE CLERC. (Translaticn.) Sir ^.., " Clorinde," off Sydney, September 22, 1886. 1 HAVE the honour to acknowledge the receipt of your letter of the 13th September dispatched from the " Emerald " at Port Saunders. avenir, et la us fftcheuses 87 I thank yoti for the measures which you have kindly taken with reference to the lobster factories at Bluff' Head and at Shag Island anchorage at Port-k-Port. I cannot, however, allow your letter to pass without drawing your attention to your failure to distinguish between the annoyance caused to our fishermen by the presence of these factories and the manner in which their working is conducted. When I requested you to suppress them, I had at first in view the evident violation of the rights of France by certain of your countrymen, who iiave not even the excuse of being citizens of Newfoundland, since, with the exception of one only, all the manufacturers are from Prince Edward Island, or from Nova Scotia. In the second place, I desired to draw your attention to the disastrous consequences to the fishery caused by the carelessness and unrestrained manner with whicii the British fishermen carry on tlieir illegal industry. These acts have been repressed by your exertions, and it is a step for which I thank you ; but I shall not cease to demand from you, and consequently from Her Uritannic Majesty's Government, the closing of these establishments. They tend in fact to nmltipl- in a manner dangerous for the future, and the sufferance accorded them by the Government of St. John's may lead to the most unpleasant consequences. You are probably aware tliat our people, by reason of the attitude taken by the St. John's Parliament on the subject of the sale of bait, will soon be compelled to make use of the Bay of Port-a-Port, to fish there themselves for that which they vvere in the habit of buying from British fishermen on the south coast of Newfoundland. It follows from this circumstance that, if these factories are still working next year, their existence, besides being contrary to the terms of the Declaration of His Majesty Iving George, would certainly lead to disputes. It is my duty to draw your attention to this. This (juestion of factories at Port-a-Port leads me to mention the Decree made by the Colonial Secretary, Mr. Fenelon, a Decree prohibiting lobster fishing for three years at Rocky Hatbour. I think it right to let you know that 1 am giving orders to vessels of my division to take no notice of a Decree which regulates a fishery the enjoyment of which belongs only to France. The Colonial Secretarv has no right whatever to give to or take Irom the British residents established on the Newfoundland coast, between Cape Ray and Cape St. John, passing by the north, any right whatever, when such right concerns the fishery, and I am convinced that my Government takes the same view of the question. I am, &c. (Signed) F. LE CLEKC. No. 40. The Marquis of Siilisbury to Viscount Lyons. My Lord,^ ^ Forenjn Office, Febrwmj 2, J 887. THE French Ambassador called upon me to-day by appointment, in order to ascertain what the intentions of Her Majesty's Government were witii respect to a Bill that has been passed in the Legislature of Newfoundland lor prohibiting the sale of bait to foreigners. His Excellency had, on a previous occasion, expressed considerable solicitude upon this subject, both in res|)eet to the reversal of our practice, which had been pursued by the Government o^" this country without question for many years, and also on account of the unexpected and sudden character ot the impediment "which the approval of siicli a Bill would oppose to the prosecution by Frencli citizens ol an industry in which large invest- ments had been made. I pointed out to M. Waddington that, under the verbal arrangement wliich was come to at the Foreign OfHce last autumn in respect to the lapsed or suspended Convention of 1886, all existing rights were reserved on either side, and that, therefore, if Her Majesty's Government were to allow this Bill of the Newfoundland Legislature to come into opera- tion, they would be acting entirely within their rights. At the same time, 1 said that wc recognized the claim arising out of tiie change of previous practice, and tiie want of a sufficient opportunity tor the requisite preparation. While reserving for further discussion the policy which Hor Majesty's Governnioiit might think right to adopt in respect to these or any other questions in dispute touching the fisheries of Newfoundland, we thought that it would be inequitable to bring the measure into operation without giving to the French fishernum and traders a longer notice of the course that was about to be taken ; and, therefore, I had to inform his Excellency 1 I r I-' ! ii M ■ t t \i 88 that irv the present year no change would l)c iiuulc, but that tliis assurance was ^t;iven to him without prejudice to our liberty of action in future years. I nm, kc. (Signed) SALiSnURY. No. 41. l! W 'A -' I Goroiior Sir G. Des Vwux to Mr. Stnnhopc. — {Received at the Foreiijn Office, February 3.) Sir, Government House, Neipfoundland, January 14, 1887. IN view of the great anxiety existing in this Colony with regard to the fiite of tlio Bill '* to regulate the Exportation and Sale of Herring, Capeiiii, S(|uid, and other Bait Fishes," which |)asscd the local Legislature in the Session of last year, and was reserved by me for the signification of Her Majesty's pleasure, I feel bound to accede to the desire of my Ministers, that I should make another effort to obtain from Her Majesty's Government a decision favourable to the desires of the Colony. 2. The more complete knowledge of the |)osition of affairs which I have acquired during the six months that have elapsed since I first addressed your predecessor with regard to this Hill, and the fuller consideration which, in the meantime, I have had the opportunity of giving to the subject, have strengthened to the ]}oint of complete conviction my previous impi-ession of its vital importance to the interests of the Colony, and have left me no reason to doubt that the disallowance of the measure, without the adoption of some other means equally efficacious to secure the same end, would be nothing less than a calamity. 3. For it is only by residence here that it is possible to appreciate to the full how completely the prosperity of the Colony depends on its fisheries, and how inevitable is the ruin and misery of toe greater part of its population unless the causes are removed that tend to render this industry continuously unprofitable. 4. Owing to the absence of coal, there is not the slightest likelihood that any manufacture of appreciable importance can be carried on here at a profit for purposes of export ; and such factories as are here, or are likely to be established, are, or may be expected to be, either directly connected with the fisheries, or indirectly dependent on them, as supplying the only means for the purchase of their products. 5. As regards agriculture, there are no doubt large tracts of waste land in the Colony which are fairly capable of cultivation, and it may therefore be asked, why is the attention of the population not directed to this as a resource, and why cannot they succeed as cultivators as well, for instance, as the people of Manitoba, who have an even more inhospitable climate, and are many of them equally witlmut training to agricultural pursuits ? fi. The reply to this is that though tiie cold of Newfoundland is by no means -•": intense as that of Manitoba, or even that of the Province of Quebec, the winter here is equally long, if not longer, tlian it is there, while, on the other hand, tiicre is an absence of the extreme heat of summer which prevails in Canada ; and thus wheat, barley, maize, apples, &c., which are the main dejjendence of the Canadian fanner, cannot, unless under exceptional conditionp, be brought to maturity here, while even oats frequently fail to ripen from the same cause, and have to be cut as fodder tor cattle. Moreover, as regards tiie soil, I question whether the exticmest enthusiast would venture to compare the capabilities of even that comparatively small portion of it which is cultivable with the prairie lands of Manitoba and the Western United States, so tiiat while the latter are still so partially settled, there is absolutely no prospect whatever that the harvest of Newfoundland soil can ever take the place of the products of its seas for the purpose of export to outside markets. 7. Newfoundland might very possibly produce all the potatoes and meal which it requires for its own consumption if any considerable portion of its population could be induced to overcome its reluctance to abandon the sea, and betake itself exclusively to the cullivalion of the soil, while some, though probably no very great, advance might be made in this direction even under the present system of combining farming with fishing pursuits ; but e\ en this comparatively small advantage would involve a great change in tiie habits ot the ])eople that could only be brought about gradually, and which when accomplished would afford only to a limited number a very bare support. It would create nothing to excliange with the outside world for wheat, coal, and other articles that have come to be regarded as necessaries of life, and would not in any appreciable degree hinder the rapid decay of wealth, or prevent the consequent collapse of the revenue that would result from continuously unremunerative fisheries. 89 8. That the disastrous rssdlts expocterl from this cause are by no means meraly conjectural we have evident indications from what has occurred durinq: the past year. During the winter now passing the destitution of a a;reat number of the people has been such that the Government, in order to save them from starvation, has been compelled to spend over 60,000/. on relief works. As only a very small, if any, part of this amount can be defrayed from ordinary revenue, and there is good reason for believing that the latter cannot to any considerable extent he increased, such an expenditure would bo sufficiently serious if the existing state of tilings could be regarded as abnormal. What, however, constitutes the gravity of the situation is that it is probably not an exceptional one. 9. For though the produce of the Labrador fishery has been in quantity about one- third below the average, and there has probably been an even greater failure on the coast of Newfoundland proper from St. John's northwards, there has, on the other hand, b?en an unusually good " catch " on the southern and western coasts, while the fishery un what are called the " Banks of Newfoundland " has also been much more than ordinarily productive. Fn fact, the gain on the one side so fiir compensates for tlie loss on the otli(!r that the fish export of the Colony will, it is believed, prove little, if at all, short of the average. Mut however this may be, it is at least certain that there have been many occasions in the past when the general failure was far greater than in the last season, and yet the necessity for fiovernment support was much less urgent. 10. The course of this difference is not far to seek. Formerly, when the world was more exclusively supplied from Newfoundland, a falling-off in the quantity of produce was usually followed by enhanced prices ; and even when this was otherwise, the merchants had confidence that the years of abundance would compensate for the years of scarcity, and were thus encouraged to support the destitute fishermen by advances to be repaid in the future, a system which, however open to exception in other respects, had at least the advantage that to a great extent it precluded the necessity of pauper relief. 11. Now, however, this confidence on the part of the merchants is completely wanting, as they have reason to apprehend, from painful experience, that production beyond the average would only depress prices to a point still more unremunerative ; and as the practice of advances is on this account coming rapidly to an end, the people who would formerly have been thus supported are now compelled to resort to the Government. 12. If this be a true description of the position, and I am bound to say that it is held to be so by those who appear most competent to form an opinion on the subject, I need scarcely say that the prospect in front of the Colony is nothing less than alarming. For it is evident that such expenditure on works that are only to a very limited extent remunerative cannot continue without a collapse of the colonial cr.'dit, and hence very terrible and general distress is only a question of time, and that a not very long time, unless some very substantial change can be effected In the commercial situation. 13. As the only available means of bringing about this desirable change, the colonists look to this measure for practically prohibiting the export of bait fishes ; and in view of the importance of the subject, I trust I may be excused for again calling attention to the considerations upon which their hopes in this respect are based, and to the reasons which they regard as giving them an incontestable claim to give effect to their views. 14. Dried codfish, the production of which may be said to constitute the main support of our population, is, to the extent of jjrobably two-thirds of the consumption of the world, obtained from the seas in the immediate neighbourhood of this Colony, either on the coast of the island and its dependenc)', Labrador, or over the extensive marine plateau known as the Banks of Newfoundland. Of late years the coast fishing has much declined in actual extent, and still more in relative importance ; while, on the other hand, that of the Banks has from various causes advanced witli rapid strides.* 1.5. As the Banks of Newfoundland are outside the limits of our territorial waters, people of other nationalities besides the British, especially French and Americans, are engaged in the fishing there, and it is the great increase of Hieir numbers in recent years, and the enormously increased (lunntity of fish thus obtaineo, which is regarded as the principal cause of the diminished prices which are so seriously affecting this Colony. 16. As the immediate neighbourhood of the coast of Newfoundland enables its people to cure even the fish caught on the Banks, so as to produce a better (|uality and at a smaller cost than is possible for foreigners, the above evil might be expected and allowed to cure itself if the competition were otherwise on even terms, as the production would in all probability fall off until it had reached the point where it became remunerative for all con- cerned. But, unfortunately, the competition is not on even terms in other respects, and * I am informed that the French fishing fleet employed uii the Banks haa within the last two years increased by no leiB than 120 veasels. US :( ' 00 I I!; i'.' I ^1 h :;■' ii f .t ii the advantages granted to the foreign fishermen by their respective Governments are such as (o more than compensate for the natural advantages possessed by the people of Newfoundland, so that the former are able to maintain and continually increase their products, while the latter are less and less able to maintain the unequal struggle. 17. American tishernien are protected in the markets of the United States, which take all their produce, by a duty of 56 cents u quintal, which is almost prohibitive to the results of British industry ; while the Frorc !i fislnrii en nre supported not only by a Law absolutely prohibiting the importation ot British-caught (ish into France, but by bounties on export and otherwise, which are equivalent to quintal consumed in France, and varying from 8 fr. to 12 fr. per quintal, according to destination, on such as is exported to foreign markets. 18. Under the circumstances, while tlie United States' market is practically and the French inprket is actually closed to Britisli-cnught fish, the latter is, by tlie operation of the French bounties, being gradually excluded from all other markets, except as regards the limited quantity taken by Brazil* and other tropical countries, requiring a quality which canr.ot be produced by the French, owing to t'-e want of the facilities of curing afforded by the neighbouring coast of Newfoundland. 19. At the present moment French tish can, I am told, be bought all over the Continent of Europe at 12s. 6rf. a quintal. The French fishermen, however, obtain for it 21s. a quintal, the bounty being thus equal to 72 per cent, of the value, while the British fishermen for their superior produce can obtain only 14s. a quintal, or 33 per cent, less. 20. It requires but little imagination to perceive how this condition of things must end unless a remedy can be found, and, but for an unusual consumption of Newfoundland fish this year in Brazil (owing to the prevalence of cholera in the Argentine Republic, and the consequent prohibition by Brazil of meat imports from Buenos Ay res and Monte Video), the distress already existing here would have been very much intensified. 21. Now it happens that the quantity of fish caught on the Hanks very largely depends on the suppiv of fresh-bait fishes, and these are principally ol)tnined from the territorial waters of Newfoundland in the immediate neighbourhood, being bought by foreigners, as well as British subjects, from the fishermen of Fortune Hay and the neighbouring inlets. Salt or otherwise artificially prepared bait, though cod can be cnught with it, does not attract them by any means in the same degree, while fresh bait, if the supply from the neighbouring coast were closed to foreigners, could only be procured by them on the more distant portion of the Newfoundland coast, where the French have fishing rights, or elsewhere, at considerably greater cost, and owing to ice at a period of the year later by three or four weeks. If the cheaper, more ready, and more prolonged supply from the coast in the immediate neiahbourhood of the " Banks " were cut off, there can be no doubt whatever that under no possible bounty could the quantity obtained by foreigners remain as large as at present, and in all probability it would fall off to that which would be suthcient for their home markets. 22. This being the state of the case, it is evident that Newfoundland is thus furnishing the means of its own destruction, and it cannot lie matter ot surpiise that its people should desire to put an end to so pernicious an anomaly, and to be permitted to adopt the principle which, I am informed, has long been put into practice in England, of preventing access to their coasts on the part of foreigners lor the purpose of procuring bait. 23. If the loss caused to foreigners by the cutting off of this supph were at all commensurate with that which will be suffiered here from its continuance, the argument against such a measure, on the ground of international comity, would, of course, iiave much strength ; but, as a matter of fact, the one is not at all comparable with the other. For while the fishmg industry in this neighbourhood is, by comparison with their other resources, of infinitesimally small importance to the other peoples concerned, it is to the people of this Colony their ait in all ; and the withdrawal of the privilege from foreigners, while it would at the worst cause them only a comparatively trifling inconvenience, is to us sole means of preservation from ruin. 24. Under these circumstances, the case of the colonists in favour of the proposed prohibition would be very strong, even if the foreigners to be prohibite 1 were in no way contributing to the evil which it is designed to remedy ; but, in fact, they are, one and all, so contributing by the exclusion of Newfoundland tish from their markets, while the French, who would probably suffer most from the proposed measure, are by rtason of their export bounties chiefly responsible for its necessity. * Since wri'.ing the above, I have been informed on good authority that French-caught fish has this year for the first time invaded even the market of Brazil, n: d thouL'h the quaouty sent was small, the prices obtained wer^ to remunerative as to render probable a large increase of export thither in the coming season, ' ■ - ^^'" > » dl 25. Though this measure, if allowed, would to a large extent place the fish production in this neighbourliood witliin the control of the people of this Colony, they have uo desire to monopoHze it, and I feel satisfied that they would willingly luodify the provisions of the measure in favour of such Governments as would grant a proportional reciprocity. 26. Without of course being able to speak with certainty as to the amount of concession that would be granted by the Legislature in any particular case, I have very good reason for believing that, as regards the United States, the right of obtaining bait would be restored on the opening of the American markets to Newfoundland fish, or (if common cause be made with Canada) to all British fisli ; while in view of the greater expense involved in ninintaining ihe fishery from head-quarters on the other side of the Atlantic, 1 believe that in the case of the French the abolition or a substantial reduction of the export bounties would alone be held suflicient, even though the other bounties and the prohibition of the import of British fish were still retained. In a word, the principle that the colonists desire to nmintain is, " Live and let live," and they merely object to that of " Let others live by killing us." 26. But whether the views of the colonists on this subject are just or not (and after much and anxious consideration of the subject I am bound to say that, in ray opinion, they are based on very substantial grounds), the proposed measure of prohibition, as in no way affecting the Treaty rights of foreign Powers, can scarcely be contended to be otherwise than such as is within the co'iipetcnce of the local Legislature under the existing Constitution of the Colony : and, indeed, if the same object had been aimed at by more indirect means, and a Bill had been passed imposing a prohibitive duty on bait exported in foreign vessels, it appears open to doubt whether, under my existing instructions, I should have been justified in refusing assent to it. 27. But however this may be, any question us to the competence in the matter of the Colonial Legislature has been practically set at rest by the recent allowance of the Canadian Bill, which, I am informed, adopts almost precisely similar means for procuring an analogous object. And as the importance of the fisheries to the Dominion is moreover incomparably less, for the reasons above given, than to this Colony, it may he presumed that the disallowance of the Newfoundland Bill, which would appear probable from the long delay of decision, is due to some Imperial consideration which applies either not at all, or in a considerably less degree, to the ca-e of Canada. If this be so, as indeed there are other reasons for believing, 1 would respectfully urge that in fairness the heavy resulting loss should not, or at all events not exclusively, fall upon this Colony, and that if in the national interest a right is to be withheld from Newfoundland which naturally belongs to it, and the possession of which makes to it all the difl^erence between wealth and penury, there is involved on the part of the nation a corresponding obligation to grant compensation of a value equal, or nearly equal, to that of the right withheld. 28. With further reference to the Canadian Act referred to, I may mention, as possibly having escaped notice, that its object will, to a large extent, fail *n be secured if the similar measure of this Colony should not be in force, as it is not impossible that the Americans could afford to disregard the prohibition of bait supply on the Canadian coast, if they were assured of being able to procure all they require on the coast of Newfoundland. 29. 'J'he interests of Canada and of this Colony being thus, to this extent, identical, it is not difficult to foresee that any further delay in the allowance of the Bill would give rise to strong pressure on the part of the Canadian Government. Unless, therefore, there be some paramount consideration that has decided Her Majesty's Government against this Bill, I would respectfully suggest that the allowance should take place before this pressure makes itself felt, and that the appearance should be avoided of conceding to a powerful Dominion what has been denied to the entreaties of a comparatively weak and unimportant Colony. 30. I may mention that every day's delay is causing loss to this Colony, in restricting preparations for next season's fishing. For the allowance of this Bill would be at once folio.. ed by a large increase in the number of British vessels employed in the Banks fishing ; and even now it is too lat". in some cases for arrangements that would enable advantage to be taken of the earliest portion of the seas(m. 31. Moreover, it is only fair to the French that, if they are to be prohibited from procuring bait here during the coming season, they should be made aware of the fact at once, in order that they may restrict their operations accordingly ; it being probable, as regards the large number of vessels which annually leave France fur these fishing-grounds, that preparations are being already made for their dispatch in order to enable them to obtain bait and commence the fishing at the beginning of April. And thus, not merely in the interest of this Colony and Canada, but for the sake of international comity, I would [269] N 2 I. . ■ f : »' i 92 !■ ^ I ' respectfully urge that, in the absence of u fixcl decision agtiinst this measure, the delay which has already taken place in respect of its allowance should not he further prolonged. 32. Now that I fully comprehend the present position of the (Jolony, it is to me no longer a matter of wonder that the Ijcgislature has hitherto failed to ratify the proposed Arrangement with Prance ; indeed, I can scarcely conceive it possihlo that this Ariange- inent will ever he accepted so long as the Bait Clause remains in it, and no security is taken that the export bounties will not be maintained on their p.-esent footing. 33. For though all the other Articles have the appearance of concession on the part of the French, and some are, no doubt, su()stantial concessions, they are all immeasuralily outweighed by the single concession required on the part of this Colony. For if there were granted to the French an inalienable right to procure bait here, the future, not only of the coast where they already have fishing rights, but of the whole Colony, would practically be placed within the control of their Ciovernmcnt. Even if the present bounties should prove insutticient, it would recpiire but a slight addition to them, involving an exceedingly small cost, by comparison with the enormous expenditure of France, to destroy the trade of this Colony altogether, and at once ; and in view of the gre;it importance attached to tliese fisheries by the French, as the means of maintaining the strength of their navy, it would appear by no means improbable that such an attempt would be made if there were thus withdrawn tlu' only means of preventing its success. And this probability appears the greater, when it is considered that the cessation of British productions with the cause in operation that would render its recovery impossible would, in all probabihty, produce a rise in the market value of fish, whicli would eventually render unnecessary the continuance of any bounty, so that the additional expenditure on the part of France would be only a temporary sacrifice that would secure a permanent economical gain. 34. As the matter at present ap|)ears to me, it seems deserving of the consideration of Her Majesty's Government whether it would, under any circumstances, be politic to place in the hands of the French a weapon capable of being userl with such terrible effect against British interests, and whether, without the security lor the discontinuance of the bounties on their present footing as above referred to, it would be wise to make further effort for the passing of the Arrangement while the Bait Clause is included in it. 3.5. fn conclusion, 1 would respectfully express, on behalf of this suffering Colony, the earnest hope that the vital interests of 200,000 British subjects will not be disregarded out of deference to the susceptibilities of any foreign Power, and this especially when the privilege which that Power desires to retain cannot be pretended to be matter of right, but is a benefit which may be lawfully withdrawn, as in the nature of a tenancy at will, and may now be justly withdrawn as being used for the infliction of fatal injury on those who have hitherto permitted its enjoyment. Sincerely hoping that the fulfilment of the desires of Newfoundland may be no longer delayed, and that I may be able to meet the Legislature next month with the announcement that this important Bill has already received Her Majesty's gracious allowance and confirmation, I have, &c. (Signed) G. WILLIAM DES V(EUX. r ill No. 42. Sir H. Holland to Oovernor Sir G. Des Vanix. Sir, Downing Street, February 3, 1887. I HAVE the honour to acknowledge the receipt of your despatch of the 14th January last upon the subject of the Bill passed by the Legislative Council and Assembly of Newfoundland during the last Session, and reserved by you for the signification of Her Majesty's pleasure, entitled "An Act to regulate the Exportation ami Sale r,{ Herring, Capelin, Squid, and other Bait Fishes," a transcript of which accompanieu • ^ur despatch of the 26th May last. Her Majesty's Government have carefully eonsidered your despatch now under acknowledgment, together with your previous despatches on the subject, as well as the Attorney-General's Report, and the Petition which accompanied your despatch of the 10th June last, addressed to the Secretary of State by both Houses of the Legislature praying that the Bill may not be disallowed. The representations made by the Attjrney-Goneral and by Sir Ambrose Shea, with whom Her Majesty's Government had the advantage of repeatedly conferring during their visits to (his country, have also received full attention. Owing to the change of the Government here, there has unfortunately been sonic unavoidable delay in dealing with this question, hut T have made it the first subject of my consideration, and have not lost any time in bringing it under the notice of Her Majesty's Government, who recognize the great importance of nmintaining and developing by all legitimate means that industry on which the greater part of the population of Newfound- land is directly or indirectly dependent. The representations of the French Government, on the other hand, have also necessarily received careful attention. Her Majesty's Government are aware that, when the Convention of 1857 was under consideration, a clause relating to bait formed one of the grounds for the rejection of that Convention by the Government of Newfoundland ; but it is to be remembered that the clause in question conferred on the French not only the right to purchase bait, but to take it for themselves on the south coast in a certain contingency, and was for this reason much more unfavourable to colonial interests than that inserted in the Arrangement of 1885. In the negotiations which have taken place since 1857 a provision for the sale of bait to French fishermen has invariably been contemplated, and has been agreed to by Repre- sentatives of the Colony on more than one occasion. Moreover, in Eesolutions adopted in 1867, and again in 1S74, the Legislative Council and House of Asiiembly of Newfoundland agreed to u clause allowing the French to purchase bait at such times as British subjects might lawfully take the same. More recently again, when the Arrangement of 1884, in its first stage, was connnunicaled to the Colonial Government, the Article providing for the sale of bait to French fishermen was not objected to by them, although other modifications of the details of the Arrangement were pressed by the Colony. It was only at so recent a date as tiie spring of last year, when the Arrangement, as revised in 1885 in accordance with the wishes of the Colonial Government, was presented for the final approval of the Legislature of Newfoundland, that exception was taken to the provision for the sale of bait to the French fishermen, and this objection was followed up by the passing of an Act to give effect to it. I recapitulate these facts in order to explain how it is that Her Majesty's Government, while fully recognizing the serious character of the representations now placed before them as to the actual condition and prospects of the colonial fishing trade, feel constrained to admit that there are special difficulties in the way of an entire departure, at the present uionicnt, from the policy which has been so long adhered to. The time is now close at hand at which the French fishermen prepare to sail for the fisheries, and large expenditure has been incurred for the season, and the French Government, having received no formal intimation that the practice hitherto uniformly maintained will be departed from, has been entitled to assume that there will be no alteration in the arrangements for the current year. Her Majesty's Government would consequently i.ot be justified in disregarding the stri)ng protest of the French Government against the introduction at this late period of restric- tions calculated to inflict grave loss upon the French fishermen; and as for this reason they are unable to advise the Queen to allow the Bill to come into operation in respect of the approaching fishing season, it will not at present be submitted for Her Majesty's con- firmation. I do not desire now to raise the question bow far the objection to the sale of bait to the French should, if well founded, have been pressed at an earlier date. The papers before me make it clear that it has but very recently been discovered that the operation of the French bounties has so lowered the price of fish in the markets of Europe as to make the fishing no longer profitable to the colonists, who are not aided by bounties. In flie 19th paragraph of your despatch you state that on the Continent of Europe French- caught fish is sold for 12s. Gd. jier quintal, while that caught by British fishermen, being better prepared, fetches lis. per quintal. As the French fishermen receive, in addition, a bounty which, you state, amounts to some Sn, Grf. per quintal, it is sufficiently obvious that the British fishermen lie under a grave disadvantage; but I do not perceive that it has yet been showu in detail that although there is a great difl!erence between (he present price of 14». per quintal and the former price of 15s. to 20s., which, as stated in a Memorandum furnished to Her Majesty's Government, was obtained for Newfoundland fish until about two years ago, the colonial fishery has actually ceased to be remunerative, and to what extent. It is desirable that the case for the allowance of the Hill ^lu)lll(l be supported by full evidence on this point, and during the current year it will be possible to ascertain accuratelj the full efl'ect of (he French bounties and the exact pos'tion of the British fishing trade. Until these facts have been established, it is not possible for Her Majesty's Government to decide with confidence whether the proposed legislation will prove to be the best mode of applying a remedy for the depressed state of the colonial 1 1 ■ ,1! r i f' m I' 'I? i' .' Of fishery, or whether, after further communicutinn «viih the French Government upon A more precise statement of the facts, such i-emedy muy he found in soniK other (Jireoliun. 1 liave, iic. (Signed) H. HOLLAND. No. 48. iStr H, Holland to Governor Sir G. Des Vceur. Bit, Downing Street, Fehruary 11, 1887. I HAVE the honour to transmit to you herewith, for communication to your Government, printed copies, received through the Admiralty, of the Annual Report on the Newfoundland Fisheries, forwarded by the Commander-in-chief on the North American and West Indies Station.* As regards the Frencii rights of fishery off the coast of Newfoundland, the two principal points in these Reports, and accompanying correspondence, whicli especially deserve the attention of your Government are: — 1. The use of cod-traps by British fishermen ; and 2. The lobster factories which have been established on certain parts of the coast. On the first point my predecessor addressed a despatch to you on the ISth October last, and you were asked to ascertain whether your Government contemplated taking any steps for prohibiting the use of cod-traps, at any rate on that part of the coast of Newfoundland to which the French right of fishing extends. There can be no doubt from the evidence of the Hritish naval officers that these traps constitute a serious interruption with the fishing operations of the French, and I desire to impress upon your Government the urgent necessity of the adoption — without delay, and in view of the approaching fishery season — of such measures as may prevent this inter- ruption in future, as, if continued, it may \CivM in grave difficulties between the fishermen of the two nations. I should be glad to learn at your earliest convenience the course which they propose to take to guard against so serious a risk. With regard to the lobster factories which have been established by British subjects on certain parts of the coast, 1 have the honour to inform you that a correspondence on this subject, has recently passed between this Department and the Foreign Office, arising out of an application made by the French Ambassador at this Court for the suppression of certain lobster factories at Foit-&-Pott. The French Government have approved the removal of some lobster factories estab- lished on the coast by French subjects, and although the correspondence with the French Government is still incomplete as to the removal of the British factories, your Govern- ment must be prepared for that Government insisting upon their reinoral. In }our despatch of the 14th September last you stated your intentioa of apprising the Secretary of State of the views of your Ministers on ithe question of prohibiting such establishments on the coasts where the French rights exist, and you infoimed niy predecessor on the 27th of the following month that no decision had up to that time been taken in the matter. I have now to request that you will bring these papers before your Ministers at the earliest opportunity, and apprise me of their views on the suggestion contained in para- graph 7 of your despatch above referred to, as to the advisability of closing all the lobster factories on the coasts in question. 1 hrtve, &c. (Signed) H. HOLLAND. No. 44. Colonial Office to Foreign Office. — {Received Ftbruary 14.) Sir, Downing Street, February 12, 1887. A LETI'ER has been received in this Department from the Admiralty, dated the loth January last (and it is understood that a similar letter has been addressed to the Foreign Office), inclosing a copy of a letter, dated the 11th December, from the • Xo. 37. Pb Commandor-in-chief on the Noiith Aiuericii and West Indies SUtion, with inclosurus, rclatin^^ to certain mattera connected wHh tlic Newfoundland tishcries. The questions bearing upon the use of cod-traps and the establi^^hment of lobster factories referred to in these papers are, in the opinion of Sir Henry Holland, sufficiently disposed of for the present by the despatch which was on the 11th instant addressed to the Governor of Ne^vfoundland. It will be observed that Captain Le Clerc, in his letter addressed to Captain Hamond, of the '• Kmerald," dated the 22nd September last, referring to an Order prohibiting for three years the taking of lobsters in Bonne Bay, takes a more compre- hensive view of the French rights on the Newfoundland coasts than did Count d'Aubigny in the note which he addressed to tlie Secretary of State for Foreign Affairs on the 20th September last. Count d'Aubigny appears to found his complaint on the fact that the French right of fishery cannot be limited by a Colonial Decree ; but the position taken by Captain Le Clerc is tantamount to a denial of the right of the Colonial authorities to issue any Decree binding upon British subjects on matters concerning the fisheries on that part of the coast to which the French rights of fishery extend. As this ground, however, is not taken by the French Government, Sir H. Holland does not think any notice need be taken of Captain Le Clerc's observations ; the French Govcnunent e that they are not prepared to take Legislative or Executive action, either for the removal of the lobster factories complained of by the French Government or for tlie prohibition of the use of cod-traps on the coast in question ; and that, moreover, they do not see their way to make further use of the cxistinj]^ Act to jirohibit the lobster fishery on that portion of the coast. 3. They will, however, at once notify to the persons concerned that, as Her Majesty's Government concurs with the French Government in regarding the presence of lobster factories on the coast in (juestion as u contravcntioti of the Tisaty of Utrecht, it may be expected that measures will be taken for closing and removing them, and under such circumstances the owners will not be entitled to compensation. 4. The Government will also give a similar notice with regard to cod-traps, to the effect that their use on the coast in question will render them liable to seizure or destruction. 5. I mentioned that, as regards cod-traps, there was lately an intention of prohibitir'] them throughout the island in the interest of our own fishermen, when I was informec' m reply that a Bill for this purpose failed to pass the Legislature last Session, and that there was this year no change of feeling in its favour, but rather the reverse. Moreover, any notion that one of the reasons for such a measure had reference to French fishing i-igbts could only serve to increase the opposition to it. 6. On my pointing out the various obvious reasons against a passive policy such as that described, especially that it would necessitate the use ot force, either by our own or by French ships of war, suggesting at the same time the expediency of action such as would constitute these contraventions of the Treaty as breaches of the local law, I was in every case met with the reply that any more active policy than that indicated would be impracticable, inasmuch as it would certainly be condenmed by the Legislature, and would be even less likely to be approved by the constituencies. 7. At the same meeting of Council I received the formal assurance, required in your despatch of the 12th February, 1887, that the prohibition of lobster fishery in Bonne Bay by the Proclamation of the 9th August, 1886, will not be enforced against French subjects. The Proclamation in question was issued at the request of the British inhabi- tants of the coast with reference to factories established or contemplated by British subjects, and there never was any intention of making it applicable to French subjects. I have, &c. (Signed) G. WILLIAM DBS V(EUX. No. 64. Foreign Office to Colonial Office. Sir, Foreign Office, May 7, 1887. I HAVE laid before the Marquis of Salisbury your letter of the 30th ultimo, for- warding copies of communications received from the Governor-General of Canada, from the Newfoundland Delegate to the Colonial Conference, and from Sir A. Campbell, one of the Delegates from Canada, relative to the Bait Bill recently passed by the Legislature of Newfoundland, and stating that Sir H. Holland proposes to inform the Newfoundland Delegates that the Act in question will receive Her Majesty's sanction ; and I am now directed by his Lordship to request you to inform Sir H. Holland that he concurs in the proposed communication to Sir R. Thorburn and Sir A. Shea. I am, &c. (Signed) JULIAN PAUNCEFOTE. • No. 48. Ill No. 6«. The Marquis of Snlinbury to M. Waddington, (Extract.) Forrign Office, Mnfi 19, IRR?. THE Arrangement signed at Paris on the 14th November, 18H5, was Higncd subject to the approval of the British and Froncli Governments, and it was fully understood that the finol approvol of Her Majesty's Oovcrnmont could only be j^iven on tlie acceptance of the Arrangement by the Legislature of Newfoundland. No. 56. Colonial Office to Foreign Office.— (Received May 20.) Sir, Downing Street, May 19, 1887. I AM directed by Secretory Sir Henry Holland to acknowledge the receipt of ii copy of u note from the French Chargd d'Affaires,* requesting that, in view of a decision which has been come to by the French Government to prohibit the use of cod-traps by French citizens in Newfoundland waters, and which will be enforced during the season just opened. Her Majesty's Government will adopt similar measures as regards the employ- ment of such traps by British subjects in the waters of Newfoundland reserved to French fishermen. From the despatch from the Governor of Newfoundland, of which a copy accompanied the letter from this Department of the (ith instant, Lord Salisbury will have learnt the course which the Newfoundland Government propose to lake with regard to the use of cod-traps by British fishermen. Sir H. Holland is, however, of opinion that now that Her Majesty's Government have announced that Her Majesty will not be advised to disallow the Bait Bill, they are fairly entitled to press for the discontinuance of cod-traps by British subjects in the waters where French fishermen have a right to fish, without interruption on the part of the British, upon the French taking a like step. Should Lord Salisbury concur, Sir Henry Holland will press the adoption of this course upon the Colonial Government, pointing out that every effort should now be made to avoid disputes with the French in the waters in question. I am, &c. (Signed) JOHN BRAMSTON. No. 57. Foreign Office to Colonial Office. Sir, Foreign Office, May 23, 1887. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 6th instant, inclosing copy of a despatch from the Governor of Newfoundland, reporting the course that his Government have decided to adopt in regard to the lobster factories, and the use of cod-traps on that part of the coast of the Colony where the French have fishery rights. I am to request you to state to Secretary Sir H. Holland that his Lordship concurs in the proposal to point out to the Officer administering the Government of Newfoundland that British lobster factories are not regarded by Her Majesty's Government as a contra- vention of the Treaty of Utrecht, but of the Declaration attached to the Treaty of Versailles of 1783. I am, &c. (Signed) JULIAN PAUNCEFOTE. i M ^> No. 58. Sir H. Holland to Administrator Sir F. Carter. Sir, Dotoning Street, May 23, 1887. HER Majesty's Government have had under their careful consideration your despatch of the 2 1st February, forwarding copies of a Bill entitled "An Act to regulate • No. 49. . I ,? ii 112 the Kxportntinn and Sale of lierriiig, Capclin, S(|ui(l, and other Halt Fishes," which whs paHsed l)y hoth Houses oi'thti Legislatuiu on the coiiiinenecinent of the prcHont Session. 2. They imvc also had before them the Address from the House of Assembly on the subject of this Bill, wbieh was duly presented to me by Sir K. Thorburn and Sir A. Shcu, who were delegated by the House of Assembly to malie representations to Her Majesty's (Jovcrnment on this matter. 3. In my despateh of the itrd February I fully evplained to you the reasons for which Her Majesty's Government had felt it necessary to refrain trom subntitting the 13il! for Her Majesty's eonfirmution. I regret to observe, however, that the main reason appears to have been misa|)prehcndcd by the House of Assembly, though 1 was careful to make it clear tiiat tlu- special loss which the introduction of new restrictions, without due notice and on the eve of the fishing season, would cause to French fishermen, was the consideration which principally precluded Her Majesty's Ciovcrnmcnt from consenting to the imposition of these restrictions at the present time. 4. In suggesting that further comnmnication with the French (iovernment might lead to the discovery of a rcnjcdy for the present depression in the Newfoundland fishery trade in some other direction than in that of the prohibition of the sale of bait, Her Majesty's Government had in fact followed a suggestion made by the Colonial Legislature, which iiad ilself referred to another solution (the modification of the French bounties) as likely to remove nil need for restriction on the sale of bait. 5. I may also point out that, althougii the damage to the colonial fisheries is stated to have been going on for some period " within three years," the Bait Clause in the Arrangement of 1884 was not objected to by the Government of Newfoundland when stating the modifications which they desired to be made in the Arrangement in the Minute ^f Council of the 16th July in that year. (j. Itut although the Address of the House of Assembly has appeared to Her Majesty's Government to recjuire the foregoing observations, they have not tailed to give their best attention to the strong representations contained in it, and to the further important facts which have since been brought before them as to the operation of the French bounties, and they have felt it their duty to give effect to the reiterated expression of the wishes of the Legislature and Government of Newfoundland. They have accordingly advised Her Majesty to sanction the Act, and an Order in Council for the purpose will be forwarded to you by an early opportunity. 7. 1 have, however, desired you, by telegraph, not to issue any Proclamation under section 12 for bringing the Act into force until after the close of the present fishing season. 8. You will be so good as to ap|)rise the Members of the Legislature of the decision which has been arrived at in reply to their Address. 1 have, &c. (Signed) H. T. HOLLAND. No. 59. ISir H, Holland to Adminislrulor Hir b\ Curler. Sir, Downinu Street, July 4, 1887, I HAVE tile honour to acknowledge the receipt of Sir G. \V . Des Voeux's despatch of the 19th IMaicli,* reporting the course which the Government of Newfoundland had decided to adopt with regard to the lobster factories and the use of cod-traps on that part of the coast where the French have fishery rights. "With regard to Sir William Des Voeux's remark in paragraph 3 of his despatch to the effect that Her Majesty's Government regard lobster factories as a contravention of the Treaty of Utrecht, 1 beg to point out to you that these British establishments are not regarded by Her Majesty's Government as a contravention of that Treaty, but ot- the Declaration attached to the Treaty of Versailles of 1783. I have, &c. (Signed) H. T. HOLLAND. * lacloture in No, 53. the decision 118 No. 60. 77i(.' Mnniuis of Salinhuri/ to M, Waddinijtun, M. i'Aiiilmssndfur, Forriijn Offirr, July 6, IHM7. Wrrii icllrt'iicc to Count (l'Aiil)if,'ny's letter of tlio 2()lli September lust, in riY^inl to the prohihilion hy the NewfoundiaiKl Oovermnent of (ishiii;; for lobsters in Honne Hay, I have tlic honour to uc(|iiiiiiit your i'jxeelleiicy that ii (li;>ipatch lias been receive English authorities to guard them against this competition. In fact, the sei-ious harm done to the Erencli ship-owners results principally from the emj)l()ynicnt of tra])s l)y the English fishermen, wliicli the English cruizers, iiotwilhstanding (heir activity and good will, are powerless to prevent. l?y right, the res])onsihilify ol" Her ]Maiesty's (Jovernnicnt, rests on a Declaration of King George 111, dated the livd September, 1781?, laying down that — " His Ih'itaunic Majesty will take the most positive measures for preventing his subjects from interrupting in any maniuM-, by their competition, the fishery of the French during the temjjorary exercise of it wliieli is granted to them upon the coasts of the Island of Newfoundland." In order that your Excellency may completely verify the facts alleged by the French slii])-owners, and I'uo responsibility devolving on ller ^Majesty's Government, I have the honour to transmit the views of Captain Lo Clerc, Commissioner of Inquiry. I have, &c. (Signed) WADDINGTON. Inrlosure in No. 61. Le Capitaine de Vaisseau Lc Clerc, L'ommandunt Ic Cuirasse d'Encadre " I'lndomplable," n M. le Chef du Service de la Marine a Saint-Servan. A hord de " I'Indomptahli;" Toulon, le 10 Fevrier, 1887. J'AI I'honnenr de vous adresser lo complement de renqiiete faite it Saint-Brieue, et h Binic, par ordrc du Ministre de la Marine, au sujot du tort cause a nos nationaux t'tablis en p6chc au Kirpon pendant les annees 188r)-8(). par dcs pficheurs de I'llo de Terre-Neuve, siijets de Sa Majeste Britannicjue. Le complement de cette enquete eonsiste dans la deposition du Capitaine Domalain, des bricks " Stella Maris" et " Union," ap|)artcnant tons deux a M. Hesnicr, arinateur h Binio, Icqucl, absent de France au moment de mon sejour a Saint-Brieue, n'a pu t5tre interroge que le 17 Janvier. II est maintenant di' mon devoir uc re'sumcr cette enquete et d'en tircr des conclusions que Ics clcjiositions m'amenent a [jreiulre et aussi de les appuyer de ma eonnaissance personnelle des taits (|ui ont pu se produire a la c6te de Terre-Xeuve pendant la dur^e du commandement que j'y ai exercc en 1885-80. Le Ministre de la Marine m'avait deja fait I'lionneur de nic consulter sur la valeur d'une reclamation introduite jiar M. Besnier, armateur ;\ Binic, et j'avais eonclu par un avis favorable. Je n'ai pas cette corrcspondance (jui, vraisemblablement, sera jointe au dossier de cette affaire a Paris. Toutelbis, je n'estimais pas il moins de 1,0U0 quintaux marchands, soit .50,000 kilog. de nioruc, le tort fait a nos nationaux par les sujets Anglais par suite des empechenients qu'ils mettent an libre cxercic(,' de notre p(!clie et. cela, pour la seule annde 1880. 11 va dc soi que le nieme tort s'appli(|uait aux operations de M. Dupuis-Robial, armateur du " Sans-Souci," et aussi ctabli en peehe au Kirpon. Au cours de Tenciuetc, il m'a j)aru naturel de chercher h etablir egalenient les pertes qu'ont pu faire nos nationaux pendant I'annec 1885, epoque it laquelle j'exer9ai8 le commandement de la division naviile de Terre-Neuve. Je n'ni pas cm devoir remonter au delh, parce queje n'aurais pu avoir aucun contrftle sur les d^'positions des p(^cheurs interroges; mais il n'est pas moins constant it mes yeux, que si Ics pechcs f'aites au Kirpon pendant les cin() ann6es du tirage 1881-80 ont ^t^ des plus mediocres, il y a lieu d'attribuer ces r^sultats desastreux h la concurrence faite k nos nuuicato to Declaration 115 pficheurs, tant par les goelettes iioniades expediees clcs ports de la cote est de Terre- Ncuvc que par les residents eux-m^mcs. Afiii de resumer moii enqu^te avec plus de clarte, je diviserai inon travail en demandes et en leponscs : — 1. Les ])$clicries du Kirpon ont-clles etc ruinees par les sujets de Sa Majeste Hritanniquo? Je n'lu'site pas h r('i)ondre que oui, en grande partie, Les places du Kirpon etaient aulvclbis les plus rcchcrchi^cs, pai'ce (pie la inoruc s'_v portc en abondance dans ses nn<;ra- tioiis a la iviursuitc du capclan. Ello atterrit par les deux cotos, en venant du Cap Nurmand par le iiovd et dcs Bales du Sud par la c6te est. La position particuliere du Kirpon, a cheval sur les deux cAtos ])ar suite du chenal du I'etit Kirpon, en (ait done uii iicu eininenmicnt favorable a la peelic, et il n'y a pas de doutc pour moi que le tirade de 1881-8G eflt fourni unc p^che nioyeanc pour nos uationaux s'il leur avait ete ioisibb de profitcr des avanta,2;es particuliers de la ])osition geoijrapliique de leur j)lace de p6clic. Or, (lu'est-il arrive? Nos nationaux ayant abandonn*^' les pi^chcrics qui avoisinent le Cap Norniand, les goelettes Anglaises sc Pont portees en foule au Havre de Cook, dans I'Anse a la Goelette, dans la Haie du Cap Norinand clle-nieinc, et y ont tendu leurs trappes. Le premier resultat a ete d'arreter la inorue au passage et do renipeclier, sinon entierenient, au inoins en grande panic, do se rendrc jusqu'au Kirpon. L'usagc de la trai)pe et la f'a^on dont cllc capture le poisson indiquc jusqu'M'dvidence que la morue ne se rend pas duectenirnt a la c6te perpendiculaircment a sa direction, niais bicn quelle en suit les coiitouis dans Ic sens de son gisement. C'est la un fait bien connu et inq)ortant h. rappeler, et sans lequel les trappes ne seraient pas disposees normaleinent & la cote. Maintcnant: la morue vient-elle du Caj) Xorinand vers ic Kirpon en passant le long des cotes de la Baio du Pistolet et dc la grande Bale du Sacre? Je le crois encore, car ces p^eheries ouvrent jilus tard que cellcs plus au sud de la cote ouest. Les pecherics de la c6te du Labrador, dans le ddtroit de ]?elle-Ile, commencent u prendre de la nioruc quand dejii cellcs de Port au Clioix, de C!od Roy, &c, .... sont en pleine peelic. Dans I'annec hs8.") nos pccbeurs do la cote ouest reussissaient assez bien de|)ui '•> milieu dc i\Iai,alors cpie le 10 .luin il n'avait pas encore paru de morue a Fortcau, oil j'etais ihv, ''" La cote du Labrador etait encore cncombreo par la banquise et c'est i\ ce lait que j'attriuuais I'absence du pcisson. 11 me seniblc done vrai de dire (pic les trappes du Cap Normand arretent au passage le poisson que nos gens attciidoiit vaineuK nt au Kirpon. Voili^ pour la cote nord. Le niOinc i'ait se reproduit pour la c6te sud et le poisson est arrete par les trappes de Saint-Lunairc et des Griguets. avant dc pouvoir arriver sur les cotes dc la grande ile du Kirpon, ou sur la partie de e6te situee entre rentr(je du Petit Kirpon et la Baie du Nord dcs Grigiiels. Par analogic avec cc (|ui se passe sur la c6te nord, entre Ic Cap Bauld et le Cap Normand, le courant de morue qui vient du sud pour aller chereher Its cotes du Labrador est arrete en |)artic au |)assago, et nos nationaux sontrrent a la cote est du Kir|)()n des nu'ines inconvcnients (pi'ils renconticnt i la cote nord dc cctte baie. Ou pent done dire en rualiti- (jue les pt'chcries l"raiu;aises du Kirpon sont blo([U(?es au nord et au sud par les Anglais. iMais \k III' se borne pas le dominage qui leur est cause. En elFet, les trappes Anglaises occupent les meilleurs endroits ou nos seines peuvent d(5border et il s'ensuit (pie si un pt^clicur Fraii(;ais veut allcr clicrclier fortune aillcurs, il ne pent le fairc sous |)eiiic d'etre oblige de seiner aussi la trappe de ses rivaux. Done, de toutes ks la9')iis, h (|uelque point de vue que Ton se place, il est parfiiite- iiient sur ([uc les Anglais ruinent nos gens, soil en arretaiit le poisson au passage, soil en empOcliant par la preseiiee dc leurs ciigins nos nationaux de le capturer \^ ou il se trouve. C'est ccrtainemcnt une question importante pour nous d'ctablir si, oui ou non, les trappes sont des engins destrticteurs (jui ont ruin(5 nos piiclurics, mais c'est plut6t une (juestion d'un inter('!t g(5u^ral el dont la solution ne change rien aux conclusions de cette enqiiete, qu'une iniestion partieulii-re interessant specialemcnt les armateurs du Kirpon. Pour la resoudre il n'est du reste [las besoin des temoigunges dc nos nationaux ijue les Anglais pourraiciit taxer dc partialite, il sutlit de s'en rcmettre au simple t(5moignage des residents Anglais eux-m6iiies, i ceux-ia (jui, trop pauvres pouracheter une trappe, gagncnt piiiiibliMuent leur pain ii I'aide d'une ligiic il main et savent ce (jue leur coutc le voisinage de ces filets quo vienncnt tcndic les goelettes nomades ii I'eutrcjc des baies oil ils ont (Jtabli leurs modestes habitations. II n'est pas un pauvre resident qui ne m'ait demande de saisir [209] Q 2 Ii:: -!.:■ f; ', If 116 ' >■ ■ k :• < t ''I .1 I ■ ■-: \ *. " f ■■ :• : 'V V ces trappes, de prendre en niniii leur (k'fi'P.s. contre leurs propes compatriotcs, et de me rappeler le tciiij)s ou la tAte de Teire-Neuve rt'siivee h notre ptclie, ctait I'objet d'une sage et inethodiquc exploitation. Lo nial dont soutfrc Terie-Ncuve s'etend au Labrador ct je puis affirnier que les jj^clicms de I'orteau m'ont deniande de les debarrasser d'un riclic p(?chenr de Saint-.Icaii (jui, en tciidant vingt trappes cntre la c6te ct I'lle Woody dans la Baie des Blancs Sablons, avait entitireinent ruiiie leur plus luodeste Industrie. Mais cette question ne sauriiit nous occuper que subsidiaireinent, car d'autres causes, qu'il est inutile d'enumercr ici, viennent entrer en ligne de conipte en cc qui coiicerne la ruine de la cote de Terre-Neuve. 11 mc suHit de coiistater (jue lo Kirpon est ruinu par la concunence Anf^laise, et de prier dc se reporter aux depositions des niiiitres de seine de " rUnion " ct du "Sans-Souci." Jc puis certifier qu'elles n'ont rien d'exagere, et il n'y a pas lieu de s'arrfiter aux ariruiiients mis en avant par les proprietaires des trappes — arguments consistant a dire que leurs ensiins de peehe ne sont ; as place's dans les bales meme oii nos p^cbcuvs soiit etablis. Cette raison n'a aucune vaieur, car si nos pcclieurs se trouvent rednits ji j)(?clier dans un perimMre extremcment restreint, et non loin du mouillage de leurs navires, c'est pr^cis^ment parce qu'ils n'oscnt pas seiner dans les endroits oi les sujets Anglais sont en force, et bloquent les debordages. Les goelettcs nomades de la cote est vont d'ailleurs chercher fortune partout ou bon leur semble ; elles s'etablissent en poclie au milieu de nos gens, et plaeent leurs trappes la ou elles croient avoir Ic plus de chance dc capture du poisson, sans s'inquieter davantage de la g^ne qu'elles appoitent ii nos operations. J'en ai compte jusqu'il quarante dans le degrat du Kirpon, autant dans le Petit Kirpon, mena9ant nos p5cheries autant par leur nombre que par leur avidite a s'emparer des meilleurs endroits. 2. Dans quelles conditions nos nationaux doivent-ils pficher a Terre-Neuve, ct quelles sont les obligations que les Traites imposcnt h I'Angleterre ? Nos nationaux sont dtablis a Terre-Neuve pendant la saison dc peche, qui dure depuis la fonte des glaces jusciu'aux premieres neiges, conformement aux stipulations de I'Article XIII du Traite d'Utrccht. Ces stipulations portent qu'ils ne doivent avoir a terrc que les cabanes et echafauds neeessaires et usit^s pour seclier le poisson, mais rien en dehors de cela ne limite leur action conime ])6elicurs. II s'ensuit done qu'ils peuvent pt'clier partout ou bon leur seiiilile, pourvu (ju'iis arrotent I'exercice dc leur droit en de^a des Caps Saint-Jean et de Rave i n passant par Ic nord, Mais im scmblable droit serait presque illusoire s'il n'existait cpielque stipulation en venant sa.iciie..i.er I'exercico. On comprcud combien la protection que peuvent lui douiier les cioiscurs Frangais est pr^eaire, si I'on songe que cette protection ne saurait etre efibctive sans I'exercice d'un droit de police sur les nationaux Anglais — droit de police (jue chaque Couvernement est jaloux de garder sur ses sujets et i)eut-6tre le Gouvernement Britannique plus que tout autre. La consequence de cette situation eut ^tc que le droit d'usufruit que poss^de la France sur la raer (jui baigno uue ])artie des cotes de Terre-Neuve serait devenu d'une application |)resque impossible, si un Article Additionnel n'etait venu definir dans quelles conditions de securite les Fran^ais pouvaient compter pouvoir profiler des dispositions du Traitd d'Utrccht. Get Article Additionnel n'existe pas dans le Traite, inais la Declaration du Roi Georges le renjplace amplement. Or, que dit cette Declaration : — " Versttilleis, h 3 Seplemhrc, 1783. " Le Roi etant entieremcnt d'accord avec Sa Majeste Tr^s Chr^tisnne sur les Articles du Traite Definitif, cherchera tons les moyens qui |)ourront, non seulement en assurer i'ex(5eulioii avec la bonne Ibi el la ponctualite qui lui sont connues, mais de plus donnera, de son e6t I was in command of the naval division of Newfoundland. I thought it better not to go furtlior back, bocauso I shiuld have had no means of verifying the depositions of the fishermen when (>xaniiiu'd; but 1 do not lose sight of the fact that, if the fisheries at Kirpon during the five years 1881-80 have been most mediocre, these disastrous results may be attributed to the comi)etition with our fishermen of roving schooners from tlu? ports of tlic i-nst coast of Newfoundland, as well as of the residents themselves. To sum up my inquiry with greater clearness, I shall divide my work into question and answer : — 1. Have the fisheries of Kirpon been ruined by the ^ul)j('cts of Her Britannic Majesty ? I do not hesitate to reply for llie most i)art, yes. The localities at Kirpon were fonnorly the most favourable, bccaus^^c^ cod I'nquent tluMu in great abundance in their migrations in the pursuit of the capelin. Tiny ni;ikt> the land on both sides, coming from Cape Norman by the north, and from South Bay by the east coast. The particular jiosition of Kirpon between the two coasts, owing to the channel of Little Kirpon, renders the spot eminently favourable to fishery, and I have,' no doubt that the seasons of 1881-80 would have furnished to our counlrymen an average fishery if they had been allowed to profit by the peculiar advantages of the geographical position of their fishing grounds. Now, what happened? Our countrymen having abandoned the fisheries neighbouring Capo Norman, the English schooners crowded into Cook Harbour, Goelette Cove, and even the Bay of Cajx" Norman, and laid down their traps. The immediate result was to stop the passage of cod, and prevent it to a great extent, if not entirely, from r(>aching Kirpon. The manner of using traps and the way they «'ateli the lisli idaiuly indicate that the cod do not go direct to liie eoiisl a! rli;hi ang'a s to its direction, but that they follow the bends in the bear! nus o'' ils line 'Ihis is a \M'll-kno\vn fact, and one ini]tortaut to recollect, without Mhicli the tra[)s would r.ot gem laliy be set on Hi." coast. iSoAv, do the cod come from Ciijic Norniau iow.iid.s lvirj)on, passing along the coast of tlie Bale du I'istolet and the great Bale du Sacre'r I think so, because these lishcries open lati'r than those inor<> to Hie soi.lh of the w( si coast. The fisheries on the coast of Labmdor. in the Straits of Belle Isle, begin to take the 121 du Service de ■y 10, 1S87. liry held, by of the injury )u during the ijccts of Her aalain, of the ^ner at Binic, owinj^ to his (V the conclu- them by my fewfoundland t rac on the d I ended by added to the 1,000 market a by English ;erciso of our upuis-Robial, Kirpon. ilso the losses 1 of the naval lad no means ; lose sight of .c been most ion Avith our buiidland, as into question r Britannic virpon were ance in their ides, coming const. The id of Little doubt that S'o fishery !?ooi;raphical n'iii. 11" llsliorics k I larbour, (raps. The at extent, if nd irate that lit that they ct, and one )ii 111!' foast. g alciig the ccaus(? those cgin to take i cotl when those of Port-au-Choix, Cod Boy, &c., arc in full awing. In 1885 our iishcrmcn on the west coast succeeded fairly well after the middle of May, while on the 19th June no cod had appeared at Forteau, where I was anchored. The coast of Labrador was still blocked with icebergs, and it is to this cause I attributed the absence of fish. It seems to me to bo true that the traps off Cape Nonnan impede the passage of the fish which our people await in vain at Kirpon. So much for the north coast. The same thing happens on the south coast, and the fish aro stopped by the traps of St. Lunaire and the Griquets before being able to reach the coasts of the large island of Kirpon, or the part of the coast lying between the entrance of the Little Kirpon and the Bale du Nord dcs Griquets. Similarly to what occurs on the north coast, between Capo Bauld and Capo Norman, the stream of cod coming from the south towards tho coasts of Labrador is 5>artly stopped in its passage, and our countrymen suffer on tho oast coast of Kirpon rom tho same inconveniences which they experience on the north coast of this bay. One may, therefore, really say that the French fisheries of Ku'pon arc blocked to the north and the south by the English. But tho damage done to them does not stop here. For the British traps occupy the best places where our nets can bo laid, and it follows that if a French fisherman wishes to go and try his luck elsewhere, he can only do so by running the risk of being obliged to net the traps of his rivals. Thus, on all sides and from every point of view, it is quite certain that the English ruin our people, whether by stopping tho passage of fish, or by preventing our countrymen by the presence of their engines from taking it where it is to be found. It is certainly an important question for us to establish whether or not traps are destructive engines which have ruined our fishc^rics, but it is rather a question of general interest, the solution of which docs not in any way alter tho conclusions of this inquiry, than a private question specially interesting the ship-owners of Ku-pon. To settle it there is no need of evidence from our countrymen, whose impartiality might be questioned by the English, but it sufiiees to appeal to the evidence of the resident English themselves, those who, too poor to buy a trap, gain their bread with difficulty by means of a hand-line, and Avho know what those nets cost them which pre spread by roving schooners at the entrance of the bays where their modest dwellings are situated. There is not a single poor resident who has not begged rac to seize these traps, to take upon myself their defence against their own countrymen, and to remind me of the time when the coast of Newfoundland, reserved for our fishery, was the object of a wise and methodical industry. The evils which Newfoundland is snflering extends to Labrador, and I may assert that the fishermen of Forteau have asked mo to rid them of a rich fisherman of St. John's, who, by laying down twenty traps between the coast and Woody Island in the Bay of Blancs Sablons, had entirely ruined their more humble industi*y. But this question need only occupy us in a secondaiy degree, for other causes, which it is useless to eninnerato here, must be taken into accoimt with regard to the ruin of the Newfoundland coast. It is suificient for me to demonstrate tliat Kirpon is ruined by British competition, and to call your attention to the depositions of tho net owners of tlie " Union " and " Sans-Sonei." I can certify that they have exaggerated nothing, and it is needless to consider seriously the arguments put forward by tho owners of traps — arguments intended to show that their lishing engines aro not placed in the bays just where our fishermen are engaged. This reasoning is of no value, for if our iisherinen are ri>duced to lislung in an extremely restricted area, not far from the anchorages of their vessels, it is precisely because they dare not net in the places where British subjects are in force, and block the places where nets can be laid down. Moreover, the schooners of the east coast go about trying their luck wherever they please; they establish their fishery in the midst of our people, and place their traps just where they think they have the best chance of catching the fish, without troubling thenisolves about the liarm they do to our operations. I have counted as many as forty in the waters of Kirpon, and as many in Little Kirpon, threatening our fisheries as niuch by their number as by their eagerness to seize tho most favourable places. 2. Under what conditions ought our eountrymln to fish in Newfoundland, and what are the obligations imposed by Treaty on lingland ? Our countrymen are established in Newfoundland during tlio fishing season, which lasts from tho melting of tlie ice to the first snows, conformably to the stipulations of Article XIII of the Treaty of Utrecht. Tliese stipulations enact that they should [269] * il 'ill ; 1 i1: i 11:! t: ! m 1( ■11 !'.■ i i ■ m li 122 have on shore only the necessary huts and stapes used for dryinaf fish, hut no furthor limits are placed upon their action as fishermen. It follows, then, that they may fish wherever they please, so lonpf as tliey restrict the exercise of their ricfhts to this side of Capes St. John and Ray, passinij; round hy the nortli. But such a ripht would bo almost illusory if no stipulation existed sanctioning its exercise. It may be understood how precarious is the protection afforded by the French cniizors when it is remembered that this protection can only be made efTeotivc by exercising a right of supervision over the English fishermen — a right which every Government, and, perhaps, the British Govoi'nment most of all, jealously reserve over their subjects. The consequence of this situation would have been that the right of use possessed by France over the sea which washes a part of the Newfoundland coasts would have become almost impossible of ap])lication, if an Additional Article had not defined in what conditions of security the French could reckon on profiting bv the stipulations of the Ti-eaty of Utrecht. * This Additional Article is not to bo found in the Treaty, but the Declaration of King George amply replaces it. Now the Declaration says : — *• Vermilles, September 3, 1783. " The King, having entirely agreed with His Most Christian Majesty upon the Articles of the Definitive Treaty, M'ill seek every m(;ans which shall not only insure the execution thereof with his accustomed good faith and punctuality, but will besides give, on his part, all possible efRcacy to the principles which shall prevent even the least foundation of dispute for the future. " To this end, and in order that the fishermen of the two nations may not give cause for daily quarrels. His Britannic Majesty will take the most positive measures for preventing his subjects from interrupting in any way, by their competition, the fishery of the French during the temporary exercise of it, which is granted to them upon the coasts of the Island of Newfoundland ; and he will for this purpose cause the fixed settlements, which shall be formed there, to be removes have no positive character. The English cruizers shoAv great activity ; they are very kind and courteous to our countrymen, but they are absolutely poAV(>rless against tlic eiu'roaelimcnts of tiie British flshermon of the Island of Newfoundland. If we M'ere fo consider, as tlie Declaration of King (Joorge authorizes us to do, whether they have removed (he fixed setllcmeufs which injure us, we should have a too easy task to prove that they have done notliing of the kind. But we have no need to go so far ; it is sufficient to consider wliaf their fishermen are doing from the point of view of the serious competition they carry on with our people. When the French cruizers or even the masters of fishing. vessels complain, the Com- manders of the English cruizers tell their countrymen to use greater moderation in their competition ; sometimes they order schooners to sail away when they are too evidently doing harm to our fishermen ; but it may be said that the inhabitants of Newfound- land are just as luiwilling and lax in obeying the orders of the English as in conforming to tlie injunctions of the French cruizers. The result is, that all ends in talk, that our nationals obtain nothing either from one side or the other, and that, at last, they give up complaining. I say this because it must Jiot be argued that, because our fishermen do not (complain, they have therefore nothing to complain of. This wouhl be a serious mistake. The fishc^rmen have not the courage to go on board the English men-of-war to face officers who are in a far higher social position than themselves, and whose 128 • ' Icclaration of lliO language Ihoy cannot speak ; nioirover, tlu^y are al'raid of tlio rosidonts, and, above all, of tlio crews of the roving schooners, wlio, wlicii once tliey are clr-ar of tlic eruizers, give fire vent to their national antipathies. How could it ijc otherwise, Avhen it is roraeniborcd how persons whom teaching, education, and travelling should have freed from prejudices of race and religion often show in their judgments, their acts, and their mtcruational conduct a hi ind party spirit, wliieh the sentiment of justice docs not succeed in dispelling ? In fact, the British llshernn-n arc ignorant, juid give no heed to the Treaties which hind France and England, and tlie eruizeris of tlieir own nation can only kec^p them in order with great dilUeulty. In addition, the eomijlaints made hy the French cruizcrs, although listened to with tlie greatest good-will, often remain fruitless, not hy reason of the ill-will of tlu,> En!i:lish Commanders, l)nt on account of the unavoidable delay in the transmission of these complaints. I will cite an example to explain what I mean. On the I7th August, 1885, the French cruizer " Ibis," being at Kirpon, rt^ceived complaints from Captain Bomalain, of the French brig " Stcdla Maris," Cajjlain Houard, of the brig " Sans-Souei," ai\d Captain Maoucet, of the " lillisabeth," all three engagcil in fishery in the neighbourhood of Kirpon. These vessels could not lish on account of the presence of iiumerous schooners whose boats encumbered the fishing grounds. These schooners, when asked to withdraw to make room for our countrymen, positively refused to do so, and, moreover, to avoid having their fishing implements seized, temporarily put them ashore. Further, their masters defied the Captain of the " Ibis " to make them leave or to seize their schooners, as he was em- powered to do by Article X of the Convention of the 2Gth April, 1881. This oflicer came to me at Croc, and I went to Kirpon, whence most of the schooners had gone. 13ut the harm was done, our fishermen had for a long time been interfered with, and their fishery injured, when I arrived to free them from the interference of their rivals. It was not until the 7th September that I was able to communicate a complaint to the Commander of tlie cruizer " Faut6me," and it will be imderstood that it had no effect whatever, the schooners lieing no longer at Kirpon. I could adduce sur^h cxnniphis over and ovn- •igct.iii, for whaL respect c fishermen have for an authority which has no repressive power ? The English cruizers obey their orders; they cannot bo made responsible for their inefficiency. What is the good of saying to a British fisherman : " Go a little further off ; you are in the way of the French fishermen," if this fisherman suflcrs no penalty for having caused this inconvenience '< It is evident that if the place suits him, he Mill come back the moment the cruizer disappears, and this is what constantly happens. Besides, when the authorities have left, our fishermen arc the objects of reprisals on the part of the English ; they are sometunes assailed with stones, sometimes almost beaten to death, as was Moncet at Cajjc Onion, threatened with fire-anns, as was Domalaiu at I'Ansc-^-Clou, and Captain Hamonet's net-master at the Breliat rock. To sum up, they have to defend themselves in order to enjoy a right which belongs to them ; and it needs no great knowledge of human nature to believe that the English cruizers, and, above all, the Government of St. John's, arc not altogether indisposed to be indulgent towards the proceeding of their subjects in encroaching on our rights. The sole remedy for such a situation would have been the definite confiscation of the fishing implements of those who, by their competition, I will not say harm, but ruin our fishermen. England has not only never done this, but has never admitted that we might do it. It follows, therefore, that the measures she has been able to take have no positive character, and that she is consequently responsible for the damage she has caused by not keeping the engagements undertaken by His Majesty King George. There is no doubt about this, and IMessrs. Besnier and Dupuis-Ilobial have a right to demand a pecuniary indemnity on undertaking to produce proof of the justice of their complaint. Their case may be summed up as follows : " Trusting to the Treaties, and relying on the Declaration of King George, I fitted out a vessel to fish at Newfoundland. Not only do you owe me the free use of the sea, but you have also engaged to protect me by the most positive measures against the competition of the fishermen of the Island of Newfoimdland. But you have done nothing ; you have allowed your countrymen to occupy with their ti-aps the places where I could have laid down my nets to the greatest advantage, and your fishermen mth lines, to block the fishing grounds wheie the cod lie. I pi-ovc to you that while your people caught fish, I could catch none. [2691 R 2 1 '4 \ 1. 1! I 1 \\ A. «■! 1S4 ■ f You cannot say tlioro wore no traps, hocauso i,.<' ' Clorindo ' was obliged to conflsoate them ; you cannot say tlicy did not cat(di (isli, hccauso John Pilf^rim doclanis that his trap contained 20 quiutuls of Hsh on th«< 7tli July, the day it was conilscatud, whoa the net could take nothin<;, as is shown by tlie (ishini^ book. Further, the very day when tlio coast from Capo ( )nion to Ilaha Bay was cleared ol" traps, tlu; French nets took 11,000 cod. You are thus the direct cause of the ruin of ray operations, and I hold you responsible for the damage caused me." I. Valuation of the damage caused. It is evident that this valuation is very difficult, but it is not imiiossible. The depositions of witnesses enable mo to make out with sufficient accuracy the amount of loss suffered by oiu- ship-owners. In a letter which I wrote to Captain Ilamond, on the English station, on the 8th September, 1886, from Sydney, C.B., I valued the injury done to the vessels engaged in the fishery at Kirpon dm-ing the season of the above-mentioned year at 2,000 market quintals. I had no knowledge at that time of the complaint made by our ship-owners, and my valuation cannot be taxed with partiality, for it was furnished me by English residents, who, having had to complain personally of the use of traps, had calculated the damage don(? to the fishery. By reference to the depositions of tlu; inquiry, it will be seen that if to begin with we take the vessel "Union," engaged at Kirpon, her captain, Domalain, estimates the damage done to him at 700 quintals ; Guillosson, lier master of the nets, at 900 quintals ; as to the master of the nets, Saintillan, he only fished for a very short time ; ho came from Caj)e Rouge, but he lost 35 quintals. If we go on to the brig " Sans-Souci," engaged in fishing at the Baic au Mauves, her captain, llouard, also estimates liis loss at 700 quintals; Guillon, the master of the nets of the " Sans-Souci," reckons he has lost 100 quintals in 1886 ; and Tiechel, second net-master, puts down the same figure. To sum up, the losses in 1886 asserted l)y the claimants are as follows : — For the brig "Union," 700 quintals, and for the "Sans-Souci," 800 quintals, which gives an average of 750 quintals per vessel. Those figures seem to me to be below the truth, for thoy do not count the injury done to the line fishermen — a considerable injury, since they are prevented from carrying on their industry where the traps arc established. Then there is the loss of oil ; in short, an entire fishing crew to keep Avith no equivalent result. To the loss of fishery must therefore be added tiie loss of useless expenditure, which it is the duty of the claimants to bring forward, and which must in justice be taken into account, but which I am unable to estimate accurately. The following is the total loss sustained by MM. Besnicr and Dupuis-Eobial in the year 1886 :— 750 market quintals, or 37,500 kilog. (100 kilog. at 75 fr.) 1,500 litres of oil, at 2 fr. Loss through uielcss czpcodituro . . . . . . Fr. 28,125 3,000 6,000 37,125 For the year 1885, ]3omalaiu values the loss at 1,000 market quintals ; Guillosson, his net-master, values the loss he has sustained at 360 quintals, and as Domalain has two nets, we find a valuation of 720 quintals loss for the two nets; so much for the " Stella Maris." Houard estimates the damage done to him in 1885 at 600 quintals, his net- master, Tiechel, reckons 100 quintals, and as they had two nets, I value the loss at 860 quintals. I could not get the second net-master's depositions, as he was not the same as in 1886. In taking the average losses set forth by each of these ship-owners, we find 860 quintals for Domalain and 700 quintals for Houard, or an average of 785 quintals each. I therefore set down their loss thus : — 785 market quintals, or 39,200 kilog.. at 75 fr. 1,570 litres of oil, at 2 fr. Loss tbrouKh useless e.xpenditurc . . Pr. 29,400 3,140 6,000 38,540 I have no certificate of sale for 1885 ; this document will have to be produced. To conclude, during the two years 1885-86 the claimants have lost a sum which I value at 75,665 fV., or 151,330 fr. for tli(! two firms Besnier and Dupuis-Robial, a sum which is due to \ hem from Her Britannic Majesty's Government for not having, in II conformity T»itl» the Declaration of Uis Majesty King George, taken the measures they wore bound to take to assure to our countrymen tl»o free exercise of tlieir ilsliery right. Compensation should therefore l)e sought by every legal means, us oMiorwisc there would \w a disregard of justice and right. The present situation in Newfoundland is the result of tiie forbearing treatment of the flsherraen of this Colony by England. France has acted in conformity with tiio ideas of civilization in only using sparingly those of the rights conferred on her by the 'IVeaty of Utrecht and the subseciuont Declaration, which might seem to be opposed to the natural dcvj'lopment of the wants of the population which have chosen to dwell on the part of the coast where we flsh. Hut this wise toleration can never release England from the duty of keeping her engagements, and it is only too evident that the claimants, having been ruined by the competition of their rivals, have a right to be indemnitied by the Government which had undertaken to guarantee their industrial operations. We, the Undersigned, merchant consignees, domiciled and living at Marseilles, declare that the average value for the qualities of dried cod in a fresh state on the east coast of Newfoundland has been this year in the market-place at Marseilles from 70 fr. per 100 kilog., not coimting the export bounty. Done at Mai-seilles, the 20th December, 1886, as value by law. (Signed) ROUX, rilERES, DE ST. BARTUfiLEMY. Seen, for the legalization of the signature of Rous, Fn'^res, de St. Barth61emy The Mayor, The Assistant Delegate, (Signed) Illegible. Marseilles, December 20, 1886. Ik No. 62. M. Waddington to the Marquis of Salisbury. — {Received July 9.) M. le Marquis, Londres, le 7 Juillet, 1887. PAR une communication en date du 24 Novcmbre de I'annde derni^re Lord Iddcsleigh r^pondant ii dcs d-marches que j'avais dti. faire aupr^s du Secretaire d'f]tat pour les Affaires ]^]trangdres, cxprimait I'espoir que le Gouvernement de la R6publique ne s'opposerait pas a la conservation sur le "French Shore" h Terre-Neuve, de celles des usines & homards qui avaient et^ dtablics par des sujets de la Grande-Bretagne, antericure- nient h la conclusion de I'Arrangement de 1885. A I'appui de cetle mani^re de voir, Lord Iddcsleigh invoquait h la fois les dispositions stipuldes par 1' Article II de la Convention precitee, et surtout le fait que les usines dont 11 s'agit paraissaient avoir dte iilevees avec le consentement du Consul de France. Mon Gouvernement a dil se prdoccuper de reciiercher si I'attitude de son Vice-Consul ii Saint-Jean de Terre-Neuve justiliait r^ellement I'interprd'tation que les autorites navales de la Grande-Bretagne avaient cru pouvoir lui attribuer. II rC'sulte des investigations qui out ete faites a ce sujet qu'il n'existe aucun document permettant de pr^sumer que I'autorisa- tion invoquue par le Commodore Devarenne et le Commandant Kennedy, de la Marine Royale, aurait etd rcellement concedde. Bieu au contraire, les Vice-Consuls de France i Terre-Neuve, et eu particulier MM. Kraetzer et Schojnfeld, de Janvier 1879, au mois de Juin 1882, n'ont cessc de s'^lever centre toute esp^ce d'empi^tements de la part des sujets Britanniques sur le " French Shore." D'autre part, voire Seigneurie, dans une lettre du 19 Mai dernier, niait la validite de rArrangement du 14 Novembrc, 1885, all^guant le refus persistant du Parlement de Terre-Neuve dc le ratifier. Le (Jouvernement de la Reine n'en pent ties lors invoquer le benefice en sa faveur. Dans ces conditions, jc suis charge par M. Flourens d'insister auprds de votrc Seigneurie pour qu'il soit donn6 suite aux communications de mon Ambassade des 25 AoAt et 20 Novembrc, 188G, et pour que le retrait des usines a homard ^tablies h Port- iL-Port, ou sur tout autre point du " French Shore " soit execute dans le plus court d^lai possible. ,«■ ! -i ■A ii My Lord, BY u crtinmunication dntod replied to thn requostH I had umdo 196 Jo serai rcconnaissunt i^ votrc Seigneuric do vuuloir bicn tn'inforntor do \a ituito qui aura , 1«87. WITH reference to my despatch of the 2.'lrd May lust, I have the honour to transmit to vow herewith an Order of Hit Majesty in Council, dated the 12tli instant, specially coniHrnung tlie Act passed by the Lcf,'islatnrc of Newfoundland during the last Session, entitled " An Act to rej;ulutc tho Exportation and Sale of Merrinj;:, Capclin, Stiuid, and other Bait Fishes." Ab you arc informed in my despatch above (|uotcd, no Proclamation is to be issued under section 12 of the Act for bringinf,' the Act into force until after the close of the present fishing season. I have, &c. (Signed) H. T. HOLLAND. Inclosure in No. ^6. At the Court at Windsor, the 12th day of .luly, 1887. Present : TnK Quebn'.s Most Excellent Ma.iksty. Lord President. Earl of Kintore. Earl Brownlow. Sir W. Hart-Dyke. Sir John Co well. WHEREAS the Governor of Her Majesty's Colony of Newfoundland with the Council and Assembly of the said Colony did, in the month of February 1887, pass an Act which has been transmitted, entitled as follows, viz., " Anno Quinquagesimo Victoriac Reginae," cap. 1, "An Act to regulate the Exportation and Sale of Herring, Capelin, Scjuid, and other Bait Fishes :" And whereas the said Act has been laid before Her Mjijesty in Council, together with a letter to the Lord President of the Council from the Uiglit Honourable Sir H. T. Holland, Bart., &c., one of Her Majesty's Principal Secretaries of State, recommending that the said Act should receive Her Majesty's special confirmation : Her Majesty was thereupon this day pleased, by and with the advice of her Privy Council, to declare her special confirmation of the said Act, and the same is hereby specially confirmed, ratified, and finally enacted accordingly. Whereof the Governor, Lieutenant Governor, or Commander-in-chief for the time being of Her Majesty's Colony of Newfoundland, and all other persons whom it may concern, are to take notice and govern themselves aceordincrly. (Signed) C. L. PEEL. iii '^ llli No. 66. Colonial Office to Foreign Office. — {Received July 27.) Sir, Downing Street, July 27, 1887. I AM directed by Secretary Sir Henry Holland to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor of Newfoundland, }± • No. 6il 128 inclosing Rcsolntiona passed by the two Houses of tlie local Legislature with reference to the proposed Arrangement with France for the regulation of Newfoundland fisheries. I am also to inclose a copy of a despatch which, with the concurrence of his Lordship, Sir Henry Holland proposes to address to the Officer administering the Government in reply. 1 am to add that the Officer administering the Government will be asked to obtain from the Premier explanations as to the delay in communicating these Resolutions to the Governor. I am, &c. (Signed) JOHN BRAMSTON. Inclosui'c 1 in No. 66. Governor Sir G. Des Vaux to Sir H. Holland. Sir, Government House, Newfoundland, June 22, 1887. 1 HAVE tlio honour to forward to you Resolutions recently passed by the two I louses of the local Legislature with reference to the proposed Arrangement with France in coniucliou with tlic fishery on that portion of the coast of Newfoundland where the French have fishing rights. Though passed on the 4th May last, these Resolutions have only just been received by me. I have, &c. (Signed) G. WILLIAM DES VCEUX. 8! I Inclosure 2 in No. 66. Kesohdions passed the Legislative Council and House of Assembly of Newfoundland. WHEREAS Her Majesty's Government have recognized, in the most solemn manner, the jurisdiction of the Government of this Colony over the coastal fisheries and territory of Newfoundland and its dependencies, and have acknowledged that the said fisheries and territory cannot be alienated, except with the consent of the local Legislature, and have, by the despatch accompanying the Arrangement of 1885, made between France and Great, Britain, concerning that part of our coasts whereon the French have certain fishery privileges, further recognized, as essential to the validity of the said Arrangement, its ratification by our local Legislature ; And whereas the Arrangement would place the French in possession of the principal liarbours on the coast between Cape Ray and Cape .John, to the practical exclusion of British fishermen from any of the fishing privileges of that coast ; And whereas the said Arrangement gives jurisdiction to Commanders of French cruizcrs in matters criminal as well as civil, to the disregarding of those principles and procedures to which, as British subjects, we are accustomed and entitled in Tribunals of Justice ; And whereas the French fisheries on our coasts are sustained and stimulated by an enormous bounty from the French Government to French fishermen, and our people are in consequence unduly burdened in their competition in foreign markets, to the almost complete exclusion of their fish products from the said markets ; And whereas this proposed Arrangement seeks to assert, perpetuate, and legalize a claim to the j)urchasn.g of bait by the French in all the parts of this Colony, without any reservation of power on the part of the Colony to restrict them by local legislation ; And whereas the great decline of late years of the inshore fishery of this Colony has necessitated the turning of our attention to the Bank fishery, and tlie economizing of the supply of bait fishes, in which ample proof of a marked decadence has been shown withni the past few years; And whereas the power of restricting the supply of bait on our coasts to nations competing with our people in an industry which is the staple support of the Colony is vital to the commercial existence of this country, which relies principally on its fisheries for the maintenance of its population ; And whereas no acceptable equivalent is ceded to this Colony for those large and important cuncessions proposed to be made by us to the French by this Arrangement : Be it therefore resolved, that, for the reasons hereinbefore set forth, and by virtue of 120 been received that Constitutional i-iglit which has been so often and so clearly admitted by Her Mtgesty's Government to exist in the Legislature of this Colony, we do consider it our boundeo duty, in tlic interests of Her Majesty's loyal subjects in Newfoundland and elsewhere, to respectfully decline to assent to the Arrangement now proposed for our ratification. Passed the Legislative Council, 4th May, 1887. (Signed) E. D. SHEA, President. Passed the House of Assembly, 4th May, 1887. (Signed) ALEX. J. W. McNEILY, Speaker. [For Inclosure 3 in No. 66, see post, No. 68.] No. 67. Colonial Office to Admiralty. Sir, Downing Street, July 28, 1887. TIIR French Government having applied to Her Majesty's Government for the icmovul ol all British lobster (iictorics existing on that part of the coast of Newfoundland ti) wliich, under Treaty, the fishery rights of French subjects extend, I am directed by Seeretary Sir Henry Holland to rctjucst that instructions may be sent, by telegraph, to the oliicers of Her Majesty's ships now em|)loyed in the protection of the fisheries on the emists of that island to ascertain find to state, in a separate tabular form, the exact position of each Ihitish lobster factory on the coasts in question (viz., from Cape St. John to Cape Hay passing by the north). t he staleniciit should set fortii the distance of the factory or establishment from the si\i, tlie (late of its establishment, and name of owner, and the amount of injury or iiKoiivi iiieiice wliicli its c\istenec causes to the fishing operations of French subjects. It will be desirable, also, if this can be done without materially delaying the Report, til as'joi tain the probable amount of capital invested in each case, and to supply such other inlonnation as may enable Her Majesty's Government to estimate the probable loss which would accrue to the owner from its suppression. I am, &c. (Signed) ROBERT G. W. HERBERT. No. 68. Admiralty to Colonial Office. Sir, Admiralty, July 30, 1887. IN accordance with the request contained in your letter of the 28th instant, I am commanded by niy Lord^j Commissioners of the Admiralty to acquaint you, for the infor- tnation of Sir Henry ibilaud, that the following telegram was yesterday addressed to the Conimaniier-iii-cliief !it Halifax, viz. : — " Call lor Heport tabular form of all British lobster factories from Cape St. John to Cajie Ray passing north, setting forth exact position, distance from sea, owner's name, amount of injury or inconvenience its existence causes to fishing operations, French subjects also, unless causing material delay of Report, capital invested in factories, and all information to enable Her Majesty's Government to estimate loss to owners if factories put down." I am, &c. (Signed) EVAN MACGREGOR. II , 1 . !■ il No. 69. Sir H. Holland to the Officer administering the Government of Newfoundland, Sii-, Downing Street, August 10, 1887. 1 HAVIC the honour to acknowledge the receipt of Sir W. Des Voeux's despatch oi tiie 22nd .June last, inclosing Resolutions passed by the two Houses of the local [200] S 180 H i Legislature upon the subject of the Arranc;cment which wns proposed between thia country and France for the regulation of the Newfoundland fisheries. These Resohitions recite tljat "tlie Arrangement would i»laee the French in possession of the principal harbours on tlic coast between Cape Hay and Capo .lolin, to the practical exclusion of British fishermen from any of the fisliing jirivileges of that coast;" and that it "gives jurisdiction to Commanders of I'reneh cruizcrsi.' matters criminal as well as civil, to the disregarding of those priiieipUs and procedures to wiiich, as Ihitish subjects, we are accustomed and entitled in Tribunals of Justice." The Legislative Council and Assembly appear to have inisa|)pielicnded those clauses of the Arrangement of 1885 to which allusion is thus intended to be made. There is no Article in the Arrangement wliieli would place tiie French in possession of any harbour of Newfoundland to the exclusion ol' 15riti.-;h fiblieiinen. The red lines on the Map accompanying the Arrangement have reference to llit; land. Earl Granville, when addressing you in bis telcL^ram of the 'iOth March, 1S8G, in reference to a similar misapprehension, informed you to the following effect : "the term harbour 'reserves' is an incorrect one. N'o Irarbours ave icserved to the French under the Arrangement. Stipulations against fixed settlements eseept fishery settlements are removed in parts of the coast which are tinted red in the .M;:i), but the stipulations in the Declaration attached to the Treaty of Versailles ar.^ not similarly removed with regard to those portions of the coast not tinted red, which remain uiidcr old Trcntios, wilh tiie verv important exceptions that facihtics lor working mines and exporting minerals are given under certain conditions. With respect to the fishery, the British have the same right of fishing on every portion of the coast where the French fish, subject to the old condition that the French arc not to be interrui)ted by them." This matter was also fully exjdained to tlio Connnittee of the Legislature by Mr. Pcnncll when he met them in April 188(5, and it was also explained at the same time, as well as in the despatch from the Karl of Derby to the Governor of Newfoundland dated the I2th June, 1884, that under the proposed Arrangement of 1884 (which in this jiarticular does not differ from that of Novend)er ISS'i), " the claim of the French to an exclusive right of fishery would be withdrawn, as th:; Arrangement recognizes the concurrent righ of British fishermen to fish everywhere on the coast between Cape St. John and Cape Hay, under the condition of not interfering with oi molesting French fishermen when in the exercise of their fishing industry. In the face of these explanations, it is dilbcult to understand how the Legislative Council and Assembly conchule that any ot the harbours of Newfoundland are placed in possession of the French, to the practical exclusion of IJritish fishermen. With regard to the second point, viz., that which forms the subject of Articles VII to XIV of the Arrangement of 1885, the F^'gislativc Council and Assembly also appear to be under a misapprehension ; these Articles do not confer on t he Commanders of French cruizers any jurisdiction, civil or criminal, but provide for the collection of evidence on matters of fact to he used for the settlement of disputes, and investigation of offences which, in the case of British subjects, would bo adjudicated u|)on by the Commanders of Her Majesty's cruizers. The power in certain cases (Article IX) to oppose the interruption of French fishermen, and the power in certain cases (Article XI) to secure the person of an offender in order to give him u\) into the hands of the Commander of a cruizer of his own nationality, cannot be said to include any civil or criminal jurisdiction on the part of the Commander of tlie cruizer of the nationality to which the plaintiff in the case may belong. I have, &c. (Signed) H. T. HOLLAND. No. 70. Sir H. Holland to 0//icer ndminititeriny the Oovernment of Newfoundland. Sir, Donning Street, August 13, 1887. WITH reference to your despatch of the liHh March, 1887, I have the honour to transmit to you, for the information of your Ministers, the accompanying copies of letters received from the Foreign Office* relating to the demand made on behalf of the Government of France for tlie removal of the British lobster factories which have * Not. 21,97, 86, and 64. 181 , |>"!1 been established on that part of the coast of Newfoundland where the French have fishing rights. With a view to the further consideration of this question, I thought it desiral)Ic to obtain accurate information as to the extent of the interests which would be affected I)y compliance with the ai)plication of the French Government, and, .is you will see from the accompanying correspondence with the Admiralty,* Her Majesty's Commander-in-chief at Halifax has been desired to furnish the requisite information. I have, &c. (Signed) H. T. HOLLAND. No. 71. i.vlit ill' The Marquis of Salisbury to M. Wadding ton. M. rAmbassadeur, Foreign Office, August 2i, 1887. WITH reference to your letter of the Gth ultimo, upon the subject of the use ol cod-traps off the coast of Newfoundland, and certain alaims of French citizens in connection therewith, I have the honour to acquaint your Excellency that aller careful consideration Her Majesty's Government have come to the conclusion that the French fishcrnitn have no legitimate claim to compensation in respect of the losses which they allege that they have suffered in consecjuenec of the use of cod-traps by British fisliermen. Tiie claim to eomj)ensation is based on a supposed violation of the Declaration signed at Versailles on the 3rd September, 1783. ft is important, tiicrefore, not only to t-xamine carefully the terms of that Declaration, but also to bear in mind the circumstances under which it was made. In the first i)lacc, I need hardly remind your F.xc (.ilcnoy that the right of fishery conferred on the French citizens by the Tronty of Utrecht did not take away, but only restricted during a certain period of the year and on certain parts of the coast, the British right of fishery inherent in the sovereignty of the island. The restriction on the British right of ti.>bery laid down in the second paragraph of the Declaration is that it should not be exercised by British fishermen so as to " interrupt in any manner by their competition the fishery of the French ;" and "for this purpose " it was declared that the I5ritish fixed settlements (which were used on the shore for the " peche s^dentaire " as distinguished from the " p^che nomade ") should be removed. This was a most important provision, as it bad been a subject of complaint that, at the opening of the fishery season, the shore was found occupied by the fishing-scaff'olds or "etablissements sedentaires " of the Newfoundland fishermen. The third paragraph of the Declaration proceeds to lay down, " among other things, that the XIHth Article of the Treaty of Utrecht shall govern the rights of fishery, and be observed by either party; the French fishermen building only their scaffolds, confining themselves to the rjpair of their fishing-vessels, and nut wintering there ; the subjects of His Britannic Ma_]o^sty, on their part, not molesting in any nnnncr the French fishermen during their fishing, nor injuring their scall'olds during their absence." Her Majesty's Government have always lield that there is nothing in the XIHth Article of the Treaty of Utrecht, or in the Declaration of 1783, which deprives British subjects of the right of taking fish at sea off" that part of the shore to which the Flench Treaty rights apply, provided they do not molest the French fishermen in the exercise of their Treaty right of fishing, nor interrupt them by their competition. It is manifest that such molestation and interruption can only refer to a physical obsfriiction and impediment to the exercise of tiic French light of fisheiy, and not to any diminution to the French catch of fish which may l)e supposed to result from the mere ])articipation by British fishermen in the sea fishery. If cod-traps are used by Britisli fisliermen in fishing-grounds within the French fishery limits which are hnmi jidv retjuired i)y French fishermen for their own use, the latter have a right to demand that such fishing-giounds be vacated, and to call on the proper autMurity to enforce their demand ; but Her Majesty's Government cannot admit their right to found thereon a claim for compensation in respect of hypothetical jirofits which might have accrued to them but for the use of such cod-traps. They are nevertheless prepared to take steps to cause the effect of tlu'se cod-traps upon the net fisheries, both British and French, to be carefully examined, and will then i*.ii r ■ ,ii [269] * Not. 67 and 68. S 2 132 consider how far their suppression may be advantageous to the fishing interests of both nations. I have, *c. (Signed) SALISBURY. No. 72. Admiralty to Colonial Office. Sir, Admiralt;/, August 30, 1887. WITH reference to your letter of the 28th July last, and to Admiralty reply of the 30th idem, respecting the objection raised by the French Government against the British lobster factories on the Newfoundland coast, I am commanded by my Lords Commis- sioners of the Admiralty to transmit to you, for Sir Henry Holland's information, a copy of a Report, dated the 9th August, by Captain Hamond, of Her Majesty's ship " Emerald," the Senior Officer on the coast, together with a copy of the remarks of the Commander-in- chief in his submission of tho 13th August, forwarding the Report, in response to the instructions sent to him, as requested in your letter of the 28th .July. I am, &c. (Signed) R. D. AWDRY. cf. X Inclosurc 1 in No. 72. Captain Hamond to Vice-Admiral Lyons. Sir, " Emerald," at St. .John's, AmjusI 0, 1887. IN compliance with your Memorandum of the 29t!i July, I forward a Return of all British lobster factories between Cape Ray and Cape St. John. 2. At the beginning of the season I directed Lieulonant-Commander Mnsterman to get all the information he could on the subject, and tiic tuljular statement is compiled from his Report and from my own inquiries. I am iiiiaMo to give the amount of probable capital invested in these factories without long delay in sendinj; a Report, but the structures are of wood, and of such a temporary nature tliat the cost of removal would he very little. 3. In some cases where factories have been abandoned on account of the lobsters being fished out, the owners have not gone to the trouble of removing the material of their factories. 4. As regards the " distance from ilie sea," I may stato that they are all close to the water, with a wooden jetty built out from tiic siied. 5. The only complaint made this year has been against the lobster factory at Port Saunders, as the French fishing captains complained to tl'.c l''rcnch naval officer that they could not catch bait at one portion of the coast on account of the lobster-traps. Lieutenant- ConmianderMasterman caused them to be taken up, and the French Commodore expressed himself satisfied with the measures taken, 6. In no case do I think damage is caused to the French fishing by the lobster fishing. 7. I would call attention to the fact that the French lobster factories set up last year are working this year; one, worked by Captain Iluit at Port-au-Choix, in his fishing shed, the other, Captain Damcron has set up ashore at Barred Hay, St. .Tohn Island, having removed this season from Old Port-au-Ciioix. Willi the difrerencc that llio position of the last-mentioned fact-ry is changed, these are the same factories which the French Foreign Ofhce, in their conespoiidcnce last yiar, stated liacl been suppressed, and on wliiehfh'jt they founded their claim that certain Eni;lisli (aetories should he removed. 8. r have mentioned the fact about tiic Frcncli factories workinjr, in case at tlu- end of this season demands arc made for the abolition of lMigli--h tlictovics. 9. Tiie total suppression of the lobster factories would he a great loss to the wretchedly poor inhabitants i f this coast, as this industry ^ivcs tiicm constant employment during tlic suuuner, and girls and women can do work in the (iietories. 10. At Bonne Bay last winter almost the only families who were able to live without i 1.13 Goveminciit relief wore those who had hccn employed in the loCcil lobster faetory, and 13onne IJay has a population of 8'.)0. I have, &e. (Signed) RICHD. II. HAMOND. ii;! Vlasterman to ompiled from t oi probable )ort, but the ivnl would bo tlic lobsters terial of their ', all close to at I 111' end of i) wretchedly it (liiiina; llic live without Inclosuro 2 in No. 72. TAnuLAB Statement of Lobster Factories on Coast of Newfoundland from Capo Ray to Cape St. .John, worked by British subjects. Amount of Injury or Probable Po»ition of Fnrtory. Name of Owner, Where from. Incon- vinicncc to French Fishery. Capital invested. Remarks. I. St. (it'(>rpt'*s hay .. Hill I'rinn- Edward Nlaiul None ,, Unknown ., Small factory, employs fifteen people. 'i. Tlu' (inivils, Pdrt-il. Vort 3. ninck nuik llinok llalihurton . Ditto.. Ditto Ditto Not visited. Ditl.) Ditto., .. Ditto Ditto Not vl^iited. Started this year. i. lllulTHcad .. Cairns Ditto.. Ditt:) Ditto French oecisiunally lish otf Lotig Point, .*» niile^ from faetory. ,'>. I.afk Uarliour, n.iy of Forst'v Newfoundland .. D'tto Ditto Caleb .1.1100 daily. Fishes in Lark Isliimis Harbour and adjacent islands. No French fish here. 6, Wooil Islnnd, liny of Carter Nova Scotia .. Ditto Ditto Islands 7. LiviTpool Cove, Boy of Ditto ., Ditto., Ditto Ditto Owner has become bankrupt. Pnetory hlnndx seized by creditors from St. John's. 8. Tlio Crabs, Hay of Is. Koach N( wi'ciundland ,. Ditto Ditto Factories Nos. .1 to 8 in Hay of Islands lands have received notice from Newfound- land Government that they will be subject to any orders given in further- ance of Treaty obligations with the French. 9. Woody Point, H(iiino I'avsaiit and Nova Sootia . . Ditto Ditto Larije factory. Catch fi.OOO to 7,00(1 Bny i'rnaer lobsters per dietn. Kmploys forty hamis in factory and forty fishermen, nearly all focal people. This em- ploynicnt is a itrcat assistance to the poor inliabitants of the bay. 10. Cow Head .. Mnnrof .. Nt'Wt'ouiiillnnil .. Ditto Ditto Not visited. 1 1 . I'ort Sauiidirs Fiirnst anil Nova Scotia and Viile Re- Dill.i A complaint w.ts made by the French to Shearer I'rinci' luiwurd Uland marks Lieutenant - ( 'ttmmander Mastermati this yiar that the lobster-traps on oni' portion of the foast prevented the French scinini; for bait, and Lieutenant - Commander Masterman ordered Mr. Shearer to take the traps up. French Commodore ex- pressed himself satisfied with mea- sures taken. I unilerstand the owners of this factory, and the one at HriR Hay, intend removini; them to Notre Dame Hay, south of Capo St. John. 12. Ikig liny Dittii Onto,. Nonr .. DitUi Averane catch, UGlh May to 23rd June, 2,6li lobsters per iliem. Packed 2.'i,r)3fi tins. Cases of four dozen tini valued at .'i to 7 dollars. Inclosuro 3 in No. 72. Vice-Admiral Lyons to Admiralty, (Extract.) Halifax, Atiyust 13, 1887. THE suppression of the lobster factories would be a very serious loss to the inhabitants of the coast, who are wretchedly poor. Tiieir e\i.>tciice does not cause injury or incon- venience to the fishin!^ operations of rrciich subjects. It will be observed from Captain llamond's Report that the two Krencli lobsiei' factories, wliiih tin- (5overninent of the Republic, in the eorrespoiidence of last year on this suiiject, stated had been ordered to be supjiresscd, are ai^aiu working this yeiir ; this (act, 1 think, should have an important bearing on the (juestiou. I have instructed Captain Hamond to obtr.in as soon i.s pos,sihle the amount of probable capital invested in the Ihilisli fiictovies. (Signed) ALGl'.RNON LYONS. 4 , 1 1 m ■ r1 f;A n 134 n f No. 73. Administrator Sir F. Carter to Sir H. Holland. — {Received at the Foreign Office, September 22.) Sir, Government House, Newfoundland, August 30, 1887. I IIAVK the honour to acknowledge the receipt of your despatch of the 13th August instant, with inclosurcs, for information of my Ministers, relating to the demand made on l)ehalf of tlic Government of France for the removal of British lobster factories from that part of the coast of tiiis island where tlie French exercise fishery rights. Al^'o, you have been [ileased to acquaint tue tliat you had thougiit it desirable, with a view to tiic furtiicr consideration of this question, to obtain more accurate inlbrmation thereon tiiroiigh Her Majesty's Naval Commander-in-chief at Halifax. I have, as requested, communicated your despatch, with accompanying corre- spondence, to my Ministers, who desire me to express their appreciation of the very careful consideration yon are bestowing on this important subject, towards the sustain- ment of Britisli interests in the carrying out of Tieaty stipulations. I have, &c. (Signed) F. 13. T. CARTER. No. 74. Colonial Office to t'orviijn Office. — {licceived Seplembtr iiO.) Sir, Downing Sheet, Stptember 24, 1KH7. 1 AM (iiiuciod by tlu' Secretary ol State for the Colonies to transmit to you, for the infoiination of the Marquis of Salisbury, an ixtrae! Ir.)iu the Minutes of the Executive (,'ouncil of Newfoundland, relating' to flie (|uestion connected with the use of cod-traps and the cstalilisbment of lobster factories in Ncwl'oundlaud. The Minutes inclosed, which are dated the lijth March last, appear to be those upon which the Governor's despatcli of the same date was founded, which despatch was conunu- nicated to you ih the letter from this Dei)artn)ent of the 6th May. 1 am, &e. (Signed) JOHN BUAMSTON. Tnclosurc 1 in No. 74. Administrator Sir F. Carter to Sir H. Holland. Sns (iovrrnment House, Neirfnundtand, .imjusl oO, 1S87. I ILVVE the honour to transmit herewith a copy of the .Minutes of the IO.\eeutivo Council of Newfoundland for the half-year ended the 30lh June, IHST, received this day. I have, &c. (S^igned) 1'. ». T. CARTER. Inclosure 2 in No. 74. Extratt from, the Mitiutes of the Executive Council of Newfoundland. Present : His Excellency the Governor. Hon. Attorney-General. Hon. Receiver-General. Hon. Surveyor-General. Hon. Mr. Ayre. Hon. Mr. Goodridge. Hon. Colonial Secretary. Seizure of THE Council had under consideration despatch from Right Honourable Secretary of cod-trapi bf State for the Colonies, dated the 18th October, 1880, and papers received from the French Admiralty from the Commander-in-chief ou the North American Station, transmitted ofleer. 136 therewith in relation to the seizure of eod-traps belonfjing to IJritish fishermen hy tli« Senior Freiieh OHicer on the Newl'onnillaiul const. The Council note the objections to tiio use of cod-traps on that part of the coa^t of Newfoundland where the French have certain tishini,' priviieurs, hu' tiicy tiiinlv it would be inopportune nt the present to rccDninund to the Legislature any measure dcclarini; their use there to be illcital. 'I'hey will, however, issue notices that parties using cod-traps on tiiat part of the coast, in contravention of French fishery rights, do so at their own risk. His K.\celleney the Governor submitted for consideration of the Council despatch of tiie 11th February, 1887, from the llight Honourable the Secretary of State for the Coli'iiies, transmitting co])ies of the Annual Report on the Newfoundland Fisheries, forwarded by the Commander-in-chief on the North American and West Indian Station. In reference to the establishment ot lobster factories on that pait of the coast where tlie French have certain fishing |)rivi!ege8, especially alluded to in the despatch and lleport, the Council will direct that factories already established there will be subject to any orders that may be made in furtherance of Treaty obligations with the French. With reference to despatch of the iL'th February, 1887, from the flight Honourable Secretary of State for the Colonies, his Excellency the (jlovernor would convey to him the assurance of this Ciovernmoi\t that the Order in Council made under the Lobster Act of IbTH, prohibiting the taking of lobsters at Kocky Harbour, Honne Hay, is not intended to be enforced against French subjects. Read and approved the 13th day of April, a.d. 1887. (Signed) G. WILLIAM DES VCEUX. Government House, March lU, 1887. Lobster factories on thnt part of the co:i8t whore tlie I'rench liavo fishing privileges. I'roliibition taking lobsters at Kocky Har- bour not to affect French fiihernien. \M ! ;■ 1.1 No. 75. Count d'Aubigny to the Marquis of Salisbury. — (Received October 8.) M. le iMarqnis, Londres, le G Oetobre, 1887. I'AR une lettrc en date du 7 Juillet dernier, JM. Waddington avait cxposd it voire Scigneuric Ics motifs qui rendent necessairc la suppression aussi prompte (jue possible des usincs Anglaises a homards, avant im caractc^re de tixite et se trouvant sur le "French Shore " i> Terre-Neuve. 11 resulie d'informations transmises i\ mon Gouvcrncment par la Division Navale Fnm^aisc dans ces parages (|u'outre les etablisscnients Anglais de cette nature h Port Saunders, il en existc d'uutres sin- divers points de la c6tc, et en particulier h Bonne Bale de St. Julicn et a la Tetc de V'aehe. Jo suis chargd par M. Flourens d'altirer de nouveau I'attention de votre Seigneurie sur ect etat de choses contraire aux stipulations des Trailes, en La priant d'aviser pour qu'il y soit i)orte remede. Mon Gouvcrnement est convaincu ijue I'Administration Britanniquc tiendra d'autant plus a faire disparaitre cet abus de la part des sujets Anglais, (pi'il n'existe pas actuelle- ineut sur le " French Hhore '' d'usine a homards Fran(;aise constituant itn ^tablissement pernument. Vcuillez, &c. (Signe) L. D'AUBIGNY. (Translation.) My Lord, London, October 6, 1887. BY a letter dated the 7tli July last M. Waddington explained to your Excellency the reasons M'hich urgently call for the removal, with the least possible delay, of the Hritish lobster factories of n permanent nature on the "French Shore," Newfoundlaiad. From information transmitted to my Government by the French Naval Division on these coasts, it appears that besides the British establishments of this kind at Port Saunders, there exist others on various points of the coasts, and especially nt Bonue Hay of St. Julion and Cow Head. 1 am instructed by ^l. Flourens to again draw your Excellency's attention to this state of things so oontnuy to the stipulations of the Treaties, and to beg you to cause it to be remedied. My Government is convinced that the British Government will bo all the more ready to remedy this abuse on the part of British subjects, that no French « m 136 lolistor factories t'oiist it utiiii; a ppi'inaiicnt i-staltli^ilimcnt exist at the inc^'nl moment on the " French Slioie." I liave, &e. (Si-Mcl) L. D'AVHIONY. Hi No, 76. Count (VAuhUjny to the ^fnnjui.'< of Salishurii. — {J'rccivrd October 8.) M. le Marquis, Lotidres, Ip 7 Orfohrr, 1887. EN r^ponso h dcs di'marclios faitcs par M. Wnddington dans lo but d'obtciiir que I'usagc des trappes a monies I'ut interdit aux sujcts de In (!randc-Hn;tagiic dans I'l'toiidue (les caiix de 'rerrc-Nouve ri'^servec par Ics Traitt's aux pi^chcurs FraiK;uis, votrc Scigncuric avait annonco, cii tenninant Sa It'ltro dn 24 Aout dernier, epic Ic Goiivorncincnt de Sa Majcste la Rcinc allait txnniinor In question de savoir si la suppression di' ces cngins de pechc scrait r^elleutcnt nvanlagcuse, ainsi que les autorites Frnn^aiscs I'avaieut deja reconnu. II r^sulte de rcnseignenients adresses au Ciouverncnient de la R6publi(iue par Ic Commandant dc la Division Navaie de Tcrrc-Neiive (jue, pendant le cours do la canq)agne de pOcho qui vient dc s'ncbcvcr, les ofliciers de la ninrini' lJritanni(pu! sc sont convaincus dc I'dtenduc des donnnages oceasionnes par les trappes en question. Le Capitainu Hamond a niCmc pris rinitiativc d'cn defendrc I'eniploi sur Ic "Trench Shore" dans lo voisinagc des exploitations Franyaises, ct mon Gouvernement sc plait il roconnaitre la spontaneitc conciliantc de ce proecde. Mais il y aurait un grand interet h cc que cctte mcsure d'intcrdiction devint geni'rale. Les rapports des autoriti's iiavaics linfanui(|ues a Terre-Neuve, apr^s reiiquetc I'nite cettc; ann6e, coneluront tertaincnicnt dans ce sens ; ct jc suis charge par mon Gouvernement dc signaler specialement a votre Seignenric combien il importorait que lo Gouvernement de Sn Majeste la Reinc s'appropriat de telles conelusions et i\)iitat roxem|)Ie des autorite- Franeaiscs, en interdisant di'sortnais d'une I'acon absolue, sur tonte reti;ndue du " Frencli Shore," a ses nationaux, I'usige des trappes a niui'ue. J'ai, &c. (Signe) L. D'AUIJIGNY. My Lord, IN (Translation.) Lovilon, October 7, 1887. N reply to the representations made by iM. Waddington with the object of obtaining the prohibition of the use of cod-traps by the subjects of Great llritain in all the Newfoundland waters which are reserved by IVoaty for the use of French fishermen, your Lordship announced, at the end of your letter of the 2'ith August last, that Her Majesty's Government would (.'xamine into the (picstion whether the suppression of these lishing ei'gincs Mould he of real advantage, as the Freneli authorities Lad already declared. From information addressed to the Government of the Rcpublie by the Coni- niander of the Naval Station of Newfoundland, it appears that in the course of tlu' fishing season which has just closed, tiie Uritisli naval ollleers were convinced of the extent of the damage oeeasioned by the tra])s in (luestion. Captain llamond even took the initiative in j)rohibiting their use on tlie " French t^hore" in the iieii>hb()\nliooil of_ the French operations, and my Government gladly recognizes the eonciliatorv spirit of this proceeding. But it is of great interest that this prohibitory measure should bceonu' general. Tlie rejiorts of the British naval authorities at Newfoundland, after tlie in(|uiry made this year, clearly point to this conclusion ; and 1 am iiistruclc(l by my Governn'ient ti specially point out to your Lordship how important it is that Her Majesty's Govern- ment should :u\o])t these conelusions and imitate the example of the French 'authorities, by absolutely forbi(hling h(>uceforwar(l the use of eod-traps by British subjects ovd the whole extent of the " French Shore." I have, &c. (Signed) L. B'AUBIGNY. 187 No; 77. The Marquis of Salisburi/ to Count ctAubigny. M. Ic Chnrgd a'AfTaires, Foreign Office, October 19, 1887. WITH reference to the inquiry made by you on tlie occasion of your visit to the Foreign Office on the 20th ultimo, 1 have the honour to transmit Iierewith a copy of the Act passed by tiie Legislature of Newfoundland on the 2 1st February last, to regulate the exportation and sale of herring, capelin, squid, and other bait fishes. This Act has received the Royal confirmation, and the Government of Newfoundland have signified their intention of putting it in force during the next fishing season. 1 have to add that the Goverinncnt of the Colony has rc|)orted by telegraph that licence will be freely granted to British subjects on that portion of tlie Newfoundland coast to which French Treaty rights v jnd to catch and sell bait on the spot, but they will not be permitted to engage in the exportation of bait to St. Pierre or elsewhere. On the other parts of the coast the Act will be rigorously enforced. I have, &c. (Signed) SALISBURY. w If I No. 78. M. Waddington to the Marquis of Salisbury. — {Received November 1 1.) M. le Marquis, Londres, le 10 Novembre, 1887. JE viens de recevoir de nion Gouvernement copie ties documents contenant les reclamations soulev6cs ii Port Saunders par les proeedi5s d'un Sicur Shrarer, proprietairc d'une usinc il homards et sur I'ineident qu elles ont prov()(pi(5. En m'adressant ces informations, M, Flourens me fait savoir qu'il n'a ])as I'intention, en presence du bon vouloir manifeste cctte annec par les eroiseurs |}ritamii(iues, de rcvcnir sur la solution poursuivic par le Commandant Humann, bien qu'L-lie eut laiss^ subsistcr I'usinc construite par Shearer. Toutcfois, M. le Ministrc dcs Affaires l*]trangeres me prie de V0U8 faire savoir qu'il est bien entendu que le fait d'avoir toldie cctte usine lie saurnit etrc interpr«5te en aucun cas commc un abandon de notrc doctrine en ce (pii touche les attcintes port^es de ce chef si nos droits et ni'a recommande de faire auprcs de Votre Seigneurie pour les transmettrc a qui de droit les r(5servcs les plus expresses a cet dgard. Vcuillez, &c. (Sign^j) WADDINGTON. (Translation). My Lord, London, November 10, 1887. I UAVE just received from my Government copies of the documents containing the claims raised at Port Saunders in consequence ol" the proceedings of a Mv. Shearer, owner of a lobster factory, and the incident to which they liave given rise. M. Flourens, in furnishing me wit'.i this informal ion, gives me to understand that, in view of tho good-will shown this y -ar by the JJritish crui/ers, he has no intention of modifying the settlement made by Commander lluniaun, although the factory con- structed by Shearer is therel)y allowed to remain. Nevertheless, the Alinister for Foreign Affairs Avishes me to explain to you that it must ho well understood that the fact of having tolerated this factory must ne\ er be construed as an abandonment of our doctrine with regard to infringements of ouv rights undei this head, and has instructed mc to make tho most explicit reservations ou this point to your Lordship), to be transmitted to the proper authorities. I have, «&c. (Signed) WADDINGTON. ,*i i 1 n [2691 T Ml 188 No. 78* ('ohmial Oj,Sce to Foreiijn Office, — {Hcreivrd iXnii-mbfr ,) Sir, nownliKj ,Stri:fl, S'oirmhi'r 11), 1HS7. AVl'I'll icrorciico to i\w lctl<;r from this Dt'iiiutiiiciil ol' tlic .'{Olli April last,* rclatinu: In ccrtJiiii (»l>j('cli(m.s oxpri'ssi'il by tiic (iiivrninicut dI' Caiiiula to the liait IJill passed li_v tlif lii';,'islatuit> of Ncu Inmullaiid, I am (liicctcd l)y Sccri'tary Sir Henry iliitland III transmit to you, tor the inroriiiatioii ol' tlic .Maniuisol' Salisliiir,\, a copy of a dcspalcli trniu llic (JoviTiior-ticnrral of Canada, inclosini,' copy of one which he Itad addressed on ihc snlijeel of the Uait Hill to tiie (iovi-rnnieiit of Xcu foimdlaud. 1 am also to inciost" a copy of tlu' despatch from the Secretary of State to which tiio ^[«rquis of Lansilowue's present despatch is a re|)ly. I am, <&c, (Si-ued) .lOUN UllAMSTOX. Inelosure 1 in No. 7^*. Till' }fiiriiiiis of Linindtiinie In Sir II, Hnllnurf. Si (loreniiiiviit lloiise, Otliiwa, Oclohrr 20, 1H87. I IIA\ K the honour to forward licrowith, for your information, a copy of a despatcli whieli I have addressed to Ids Ivvcelleecy the (lovernor of Newfoundland, transmittinn' a copy of an approved IJeport of a Committee of tlu; I'rivy Council upon tlie subject of the Newfoundland Uait liill. I liave, &C.'] (Sif^netl) LANSUOWNE. Inelosure '2 in No. 7^>*. The Murquin of Luntidowni' lo Governor Blake. Sir, Horernment House, Otiiiwii, October 2l), 1887. i llAVi'^ the honour to transmit to you, for e(mimunicatiou to your (iovernmcnt, a co|)y of an ajiproved I'eport of a Committee of the I'rivy Council of Canada, to which is aitpcMided a c()|)y of a despatch from the Secretary of State for the Colonies of the 20th May last, inclosini,' copies of a correspondence which had passed between the Colonial Ollice and Iicpresentatives of the (lovernment of Newfoundland, then in London, rei;ardinii' the Newfoundland Mait Jlill. Vou will observe that my Ministers arc desirous that your I'Jovernment will indicate at th(> earliest (ionvenient period the nalinc of the Uegulations under which it is proposed that Canadian sul/iects shall enjoy the rii,'iits of lishini,' and proeurini? bait in the territorial waters ot Newfoundlaiul. X have Jtc (Signed) ' LANSDOWNE. Inelosure 3 in No. 7H«. Certified Copy of ii Report of n ('oniniitlee of the Honourable the Privy Council /or Ciinada, approved by his E.rceltenn/ the Goveriior-Uenerul in Council on the 11th October, 1887. THE (,'ommittee of the Privy Council have had under consideration a d(!spatch dated the 20th .May, l'^37, from Sir JlcniT Holland, inclosing' co])ies of correspondence which had pass(>d b(!tween the Colonial OHice and Kepresentatives of the Government of Newfoundlaiul, then in London, rc^ardini;' the Newfoundland Bait Hill. The ^rinister of Marine and Flsheiies, to whom tlu; pajiers were referred, re^wrts as follows : — It apjiears from the correspondeuce that a copy of the Minute of Council dated • No. 5-J. 130 tlip ntli AiiHl, 1HS7, itrtfinpf thi* oljjoction tnkcn l»y flio Cfinndinn Govoniinont to tlio Unit Kill lifcoiniiii,' \n\\, w.-is sii))mi(lc(l to Sir |{, 'rii ifcntlfMiuMi coiivi'yrd ninplo a«siirMn<'('H tlint Ihr (iovcrmiKMil of Ncwl'oiindliiiiil, in tlic |Ki>i* Hill, were not ai'tuiitcil by iiny desire to eiiitdil tlie |»ri\ilepe.s of I'.ritisli lislierineii, mid liad no intention of. •il|o\viiii; the l,M\\ to lie o|)(>r.'ite(l to tlieir prejndii'e ; that no Kei^nlntions were projiosed wliieh wonid nnneeoss;irily !nini|)er lln^ opei-ations of their own nnd Hiitisli lishermen, iind thnt ovory fneility wonId h(* nllordod for proenrini; the liconeon nnder the Act. Sir 1{. Thorhnrn nlso anthori/.ed tin^ dispatch of a tele^'riun l)y the Attorncy- (iener.al of Xewfonndland to tin' Canadian (iovcrnnuMit, coiiveyini,' the assiiram'e that Canadian lishernnMi wonId enjoy e(|n!il jirivilej^cs ,■ ith those of Newfoundland, ami that there wonld he praetieally no restriction on the luiil supply of any Uritish snlijeets, 'rhoH(> assnrances appeared to Her Majesty'H d'overnnient to oll'er snidi snilieient, safPL'nnrds for Canadian interests that Ifer Maje.stv was at onee advised to ass<'nt to the Mill. The Committee, eoncnrrinuf in the l{eport of the .Minister of ^farine and I'^isheries, respectfnily reeomnnnid that your Rxcelhnu'y ho moved to transmit a copy of tlio despatch al)ove mentioned, and iindosures (p(>rmission having? been obt:iined from the Colonial Secretary) to his I'lxcelleru'y the Governor of N<'wl'onndlnnd, for the consi- deration of his .Ministers, and witli a re(|nest that they will indicate at the earliest conveni(>nt ))eriod the nature of the Kcpnlations nnder which it is ])roposed that Canadian subjects shall onjny tlio riu;hls of lishini,' and ]»rocurini;' bait in the territorial Avaters of Newfoundland. The Committee further rccoinmend that yonr Excellency be also moved to transmit a copy of this Minute to bis Excellency the Governor of Newfoundland. All whicli is respectfully submitted lor ajiproval. (Sisued) JOHN J. McGEE, Clerk, Privy Council. Inclosure 1 in No. 7H*. Sir II. Holland to the yfaniuis of Lnusdnirne, My Lord, Downing Slrvrl, Miuj 20, 1H87. I HAVE the lionom- to ncknowledn(> the receii)t of your despatch of the 12th April,* I'ortvarding a Minute of the Privy Council uririn^ objections to the Hill for rei^ulatinu; the sale of bait passed in the present Session of the Newfoundland Legislature. I caused yonr despatch and its inelosnres to bo referred to Sir 11. Tborburn and Sir A. Shea, who had been delcijated by the House of Assembly of Newfoundland to make representations to Her Majesty's Government on the subject of this Hill, and I inclose, for conununication to your Ministers, copies of their replies,! and also copy of a Memorandum by Sir Alexander Cainpbrnment to oll'er sulllcient safeiyuards for Canadian interests, and they did not, therefore, hesitate to advi.se ller ^lajesty to assent to it. Shouhl yonr Government desire such a fin-mal assurance as to the issue of licences under the Act as is sui,'i^ested in the fourth paraijraph of Sir A. Campbell's Memo- randum, 1 have no doubt it will bo readily j,'iveu by the Government of Newfouud- laud. iM V tl I have, «&c. (Signed) H. T. HOLLAND. No. 79. M. Wnddinqton to the Marquis of Salisbury. — {Received November 23.) iM. le iMar(|uis, Londres, le 21 Novembre, 1887. A LA date du 19 Octohrc dernier, Votrc Seigneurie a notitic othciellement i\ nion (iouvcrnernent, par rentrfinise de cette Ambassadc, la sanction dclinitive donnt'e par t lucIuBures 3 auil 6 in No. 92. * Iiiclofeurc 1 in No. 5'J. [269] { Inolosure 7 in NO' 52. T 2 \ II 140 Ic OoiiveriK'inint dc Sa Mnjoti' lliit .iuii<|U mi Hill our In Mot'tli', I't (liiiirt lit inline roiiiiiiiiiiiciition I'.ik' niniitiiit i|iio, il'ujirt'ii iiii li'li'^iainine du (iniivcriK iir de 'IVnu-Neiivo, IcM (lii4|«iHi(i()iis (Ic cf r>ill, I'll ('I' (|iii cDiiocnic 1 1 pt'ciie (l(> ra|i|ial, ticvaifiit ^tro cntciKlucH cii CO soiiM i|iK>: " Ix-d Ktijcls llritaiiuii|iicH iiotirront hui* tuiitu l\'tcii(liiu du ' Ficiicli Sliore' pCclier it vt'iidre hiir phue la Imi'ttt', ^ cdiulition dc iic puiiit su livrcr li rcx|iortatioii do cc itroduit Moit h St.-Piont.', «<»it ailliurs." ('ett«' prtUeiitioii »lu (loiivi'mcinent I^wid do 'I'crrc-Ni'uvo fl ix'^leincnkr Ift poclie pur incsurt"* K'j,'iHlutivcs, on ►impkiiu-nt aclministrativcx, .siir If littoral de 'IVricNcuvo rt'scrvd >\ iiort |i«VliciirH, a pr()V()(|Ut' do la iiart du Minitttre do la Miu'inu dcH oliscrvations (|ue M. Ic Nlinistro des Ati'niroH lllrniiguioii in'a prid do porter h la coiuiaissanco de Votre Seigneuric. Ku donnant nux dixpoHition^ du Hill lo ttcns prdcitd, M. FlouroiiH cHtimo quo lo Gouvcrnemciit Colonial paralt nvoii- iiordu de vue que, poiidant la sitisoii de poclic, la lloro diHpositioii ilu riva^c, ct la lil)rc oxploitatiun dcH cliniiips dc poclie, sur touto lY'toiducdu " French Shore," sonl fjaranties i\ noH pf-cheurs par «h;s Actes Iiitcrnationaux dont il n'cst pas en Hon pouvoir d'cnt raver uu do modifier rapplicatioii. Lc (louvcrnetncnt ile la Koine, il CHt vrai, s'eat Houvcnt eti'oree de (aire i)revaloir unc interpretation de In lot t re dea Traitos sonsiblenicnt differento do cello (pio nion (louverncmcnt n toujiiiirH soutenuo, et a contosto not re thi^'so du droit cxcluait', d'npr^H hiipicllc, pendant la periodo dont il s'ngit, In p«''cho (JLvrait otre ri^'Dorvec a nos nationaux. Mais, du inoins, le (iouvorneinent do In Reiiie a-t-il toujourH reoonnu (|uc notre droit, (|u'il n])pcllo concurrent, <5tait privilogie ot priniait tons lea nutrcs droits. Jo auis charge par nioii Gouvcrneinont de fuire pnrt ii Votre Scigncurie dc8 rdscrvcs nuxipielles u donne liou, de notre part. In mosurc annoncee par Ic tdlegranuno du Gouverneur de Terrc-Nouvc, et do vous prior dc ne pax lui laisser ignorer (juc nous soinnioa dooides u roserver a i\os nationaux la poclie de I'appAt aur toutc I'etenduc dc c6to, et pendant toute la periodo, qui leur vont altribuecs i)ar lea 'IVuitt^s. Mon Gouverncnicnt, en me priant de fairc ooniiaitro cette dociaion a Votre Seigneurio, a d'nilleura la confiance (pi'il me sutKra do la siguahr au (iouvorneuient dc la Koine, pour qu'il donne lui-momc los instructions necesaairos on \ uo do provonir, ou fairc diaparaitro, tout etublisscnient qui sorait de nature a ontraver I'oxeroioo (lo co droit. Veuillc/, &c. (.Signc) WADDINGTON. (^Translation.) "Sly liord, fjoniloii, Nomiihcr 21, 1>^87. ON th(» ItMli Octohor last Your Lordship onieially notiliod to my (lovornmont through this Eiid)assy the dollnilo sanction by llor Jiritiiunio Majesty's (Jovoriiinent of the Bait J tho provisions of the Hill, M. Flourens considers that the Colonial Governniont apipear to have lost sight of tho fact that, during the lishing season, the free .'illntinont of the bank, and the free working of the llshing h)calitios, throughout tho oxlent of tho "French Shore," arc guaranteed to our ilshermcn by International Treaties, the api)lication of which it is impossible cither to prevent or to mcMlify. It is true that llor Majesty's Government have often endeavoured to place an interpretation on the letter of the Treaties widely dilfering fmm tliat whieh my Government have always uphold, and havi! contested our theory of exclusive right, by which, during tlie time in question, tho tishery should be r(;sorvod for tho use of our countrymen. Hut Her ^fajesty's GovornnuMit have at least always recognized that our right, w hioh they called coiicurroMt, was privilegtnl and took precedence of all other rights. I am instructed by my (invonnnoiit to acquaint Vour Lordship with thi; reser- vations on our part which lia\o 1)im«ii caused by tho measure auuoiinced in the telegram " give, on louiidatio tlie two n take the ninnncr b mIiIl'Ii is li 141 from tliofloviTMor of Ncwfoiindlnnd, and to hot; you to lot him understand that wo have docidod to reserve' for the uso of uureouulrymen the hnit llsliery on tlie whole ext(Mit of tlieeo.'iHt, and diuins^ the whole period granted them hy tlie TreatieM. My (ioveriinietit, ill instruelin;,' me to inrorin Voiir lionUhip of tliiH decision, is, monovor, eonli(h;nt that it will he sullleient to point it out to Her Majesty's (Jovernment to induce them to 1,'ivo the necessary instructions thumHolvcs to prohibit or cause to he removod all cstahlishmcuttt likely to interl'ero with the cxorcliiu of this riffht. I hnvo, &o. (Signed) WAUDINGTON. No. 80. Thp Marquis of Snilsburij to M. Wadilinijion, M. rAnihussndcur, Fnreiijn Office, Dfcemhrr Ifl, 1887. I IIAVK the honour to acknowledge the receipt of your Kxcellcncy's note of the 2Ist ultimo, in wliicli, after coinnicntiii}; on the decision of the Newiinnidland (Jovernment to crCoicf the provisions of the Ihiit Act, your Kxcellency announced that the French (iovcinincnt have determined to reserve to French citizens the ri^lit of catciiiii|,' liait over tlie whole extent of the coast to which French Trenty ri;:hts extend, and express the hope that instructions will he given for the rcntovnl of all establishments which may interfere with the ixercise of that riyiit. I beg leave to iic(piaint your Kxcellency, in reply, th:\t hy gcction II of the Bait Act French Treaty rights have been carefully reserved and protected. I have, &c. (Signed) SALISBUKY. ; 1 y No. 81. Sir H, Holland to Governor Ulake. \ ihi! rosor- (Kxtract.) Downing Street, December 23, 1887. IN my despatch of the I3th August last I forwarded to the Officer administering the (iovcinincnt of Newfoundland copies of n correspondence with the Foreign Othce and the Admiralty relating to the demand made hy the Government of France (or the removal of the Hritisli lobster factories which have been established on that part of the coast of New- foundland where the French have lishery rights. I now inclose a copy of a further conespondence, and you will sec from the note addressed by Count d'Aubigny to the Marquis of Salisbury of the Gth October that the I'leneh (Jovernment reiterate and insist upon their demand that these lobster factories should be removed. In my despatch of the Ilth February last I informed Sir W. des Voeux that "the French Government had approved the removal of Fome lobster factories established on the coast by French subjects," and " that although the correspondence with the French Government was still incomplete as to the removal of the Britisli factories, your Govern- ment must be prepared for that Government insisting upon their removal." Sir William Ues Vteux informed me, in his despatch of the lUtli March last, that although his Ministers were not |)repared to take legislative or executive action for the removal of the lobster factories complained of by the French, they would at once notify to the persons concerned that as Her Majesty's Government concurs with the French Government in regarding the presence of lobster factories on tlie coast in (piestion as a contravention of Treaty, it might be expected that measures would be taken for closing and renio\ing them, and, under such circumstances, tlic owners would not be entitled to compensation. In the British Declaration attached to the Treaty of Versailles the King undertook to " give, on his part, all possible efticacy to the principh:s which shall prevent even the least romidution of dispute tor the future," and "to this end, and in order that the fishermen of the two nations may not give cause for daily quarrels, His Britannic Majesty promised to take the most positive measures tor preventing his subjects from interrupting in any manner by their competition the lishery of the French during the temporary exercise of it which is granted to them upon the coasts of the Island of Newfoundland," and " that ■I* ■ r * "i f 14S he wc'ild for this purpose cause the fixed settlements which should he formed there to he rcmove()." ITci' ^fajosty's dovernnipnt imvc never denied tlint tins undertaking to remove fixed settlements applied to rixcd fishery cstablislnncnts. There is another matter wliieh has already formed the suhjcet of eorrespondenee with yonr invdcoossor, and in regard to which the Frer.eh Government have also addressed some pressing representations to Her Mnje;5ty's firovernmcnt. 1 refer to the use of eod-tiaps by Britisii suhjects on the coast of Newfoundland within the French fishery limits. The Secretary of State, writing to the Governor of Newfoundland on the li^th October, \f^^(), drew attention to the opinion of Captain Ilainond, of the " iMueiald," to the edect that the cod-traps are a constant source of trouble between the l'ren"h ;itid Britisli tisher'uen.and that in many cases they interfere with the I'liiich seine fishinu:; ^'nd Lord Clanwillinm, lately Naval Coinmander-in-ehiet' on the Station, reported to (he Admiralty that "until fishing with cod-traps is maiie iliega'. thrir continued use will lead to serious dilliculties between the French ami l'jn;lisli, anl it iia-; l)een stated by a I'Veneh naval otticcr that Ih'itisli residents on the coast have begged him. in their own interests, to remove these traps." These considerations were submitted to the Governiu* nt ol NewCoimdlan I, l)nt Sir William l)es Vcvux reported in his despatch of tlie lOtli March that the Government diil not projjose to leuLslate in the matter, bnt would give a notice similar to tint above referred to in rcs|)ect of lobster factories to tiie effect that their nso tm the coast in (piestion will render them liable to sei/.nre or dcstnu'tion. I inclose, for the information ot your Mniistns, copLs of the represertati )1H received from the French Government, to wiiich I have above idhnle.!, and of a note addressed to the French .Ambassador at this Court, on the 2-)th Au-rusl last, in regard io claims of French citizens in connection witii allci,'. d losses n the Imperial (Jovernmenf to take care that the recpiisite legislation is completid withoni any unnecessary delav. It is the duty of the (iovermnent of NcAlbundland to jiropose to the local Legi^jatnn; the measure necessary to ciuible such steps to l)e leizally taken as are rctpiisite for fidtilling the obligations imposed upon lUr .Majesty by Treatv, and to usn its best efforts to secure its enactment. If the Legislature of Newfoundland, when thus called upon, declines to legislate as desired, it will not ho, entitled to expect tl.c support of Her Majesty's Government in matters at issue with the French (Jovernnient in comieclion with the fisheries ; and an Act of the Imperial I'ariiament will have to be obtained. Her Majesty's (lovernment lately advised the Qneeti to give her sanction to a Bill relating to bait, the operation of (vliich may seriously interfere' with I'rench interests, and thev took this course in a matter not coming within Treaty sti|)ulations, upon the strong representations of tiie Newfouiuiland (iovermnent, that it was in the interests of the colonists of Newfoundland that tiu; measure should be allowed to come into operation. They trust that, on their part, the Newfoundland (iovermnent and Legislature will act in a similar s])irit, and will at once pass the measure which is reepiirod to insure the due execution of Her Majesty's 'I'reaty obligations. No. 82, M. Waddington to the Marquis of Salisbury. — (Received January 13.) M. le Marquis, Londres, le 11 Janvier, 1888. LE Charg(5 d' Affaires de France a eu I'honneur, par unc lettre du 7 Octobrc dernier, de faire connaitre ii Votre Seigncurie la conununaute de vues (lui s'etait etablie t\ Terre- Neuve cntre les oliiciers des luarines Fran^aise et Anglaiso relativement h I'utilite d'interdire I'usage des trappes ;V morues. Jo re(;ois aujourd'hui do mon Gouvernement communica- tion de nouveaux rapports du Conunandant de Ja Division Navulc Franyaise, (jui ont trait h rensemble des ope'rations de la derniere campagne de puclie. 143 Dnns CCS rapports, Ic Cominandunt ilumanii signalc unc Ibis dc plus la bunnc liarinoiiio (jui n'a ccsst.'; dc rdgnor eiitre Ics oHlciers Anglais ct lui, ct jc suis ciiarge dc (aire parveiiir ^ votre Seigncurie des rcinerciements pour Ics uouihrcuscs ni;u'(|ucs dc courtoisio que le chef dcs forcis iinvalos Kruiu^aiscs a icriios do ccux-ci. Mon (iouvernc- inent iiic prcscrit en nieiue tciiiiis dc rappekr nu I'iibinct do St. Ja ncs la (piislion pri'-citee (Ics trappc's i^ niorue ct dc lui signaler uno fois df plus tout Ic prix (ju'll attachcr.iit a cc qui; ct'tio adairc pi\t rtrc pronqitcnuiit rej^iir dans le tious (juc Ics autoritcs compctentcs, tant Anglaiscs que Fran<,"aises, sont unauinics a cousidcrcr coinuic Ic plus favorable aux iutcn'ts cugai-es. Dans CCS uicuics rapporls, Ic Couuiiainlant lUnuaun icvicnt sur unc autre question qui n'a pas unc inoindic iuiporlancc au [iwinl dc vuc dc la boiuic organisation du regime (le la pccbc, jc vcux parlor dc I'utiliie tj '11 y aur.ut a obligor Ics goiMcltcs indigenes a porter unc nu\r(iuc ext(5ricurc (un muucro point dans la voile) pcrii.cttant dc Ics rcconnaltre aisi'-inenl it Ics cmpiVliaiil ilo to smistraiic aux iiivostigatious de la justice. Je n'ai point a rappolcr ici Ics inconviJiiicnls (pii rcsultcnl do rabsencc d'unc regie scniblablc. lis n'ont pas inoius tVappc lo ('oiuiuaiulanl dos {''oroos Navalos Anglaiscs ([uc lo Connnandant Kran(;ais, si bion (pic, ilans coltc (pustion, .M. llunianu s'est trouv(j couiplctenicnt d'aecord avoc lo Coniniodorc ilainoud (pii a du adrcsscr a I'autoritc Mritaiuiicpio couip<'tcnto dos propositions coui'oruics. Mon (iouvcrnouicnt so plait par suite a pcuser <)ue Votre Seigncurie voudra bicn entror lillc-nicnic dans cos vues ct |iron(lrc dcs dispositijus pour ([u'il suit proci'-de a leur rijalisation. J'attaolicrais un prix parlioidier a rocevoir dos (pi'il sera possible l.i rcpout-c du (iouvcrncment de Sa Majoste ia Koine sur Ics deux points (pic jo me pcrniots do signaler unc Ibis de plus a son uttoiition. Vcuilicz, &c. (Signd) WADDINCn'ON. (Translation). My Lord, London, Janniinj 11, 18SS. THE French Charg('> d'AIVaiiTS luul tlio honour, by a nolo of the 7th October last, to int'onn Your Lordship of the \io\vs arrived at in oonimon by the Frouch and English naval (illiocrs in Nowrouudlaud relative lo Ibc advantage ol" jtrohibitiug the use of cod-traps. 1 have to-day boon furnished by luy (Jovorninont with fresh r(>ports from tlu; Commander of the Ercnch Naval Division on the whole subject of the o])crations of the last lishiug season. In Ibcse reports Commandor lluiiiauii once niuro doseribos tbo liarinony wliicli has never ceased to exist botwoou the Engii^b ollioors and himsolf, and i am instructod to liiank Your Lordship for tbo nuiucrous marks of courtesy which Ibcebiof of the French juivul forces has rooei\i'(l from tboui. At tbo same liiiic, my (iovormmnt wish me to again call tiie attention of tbo Cabinet of St. .lames' to the abovo-montionod subject of the cod-lrai)S, and (o once nu/ro point out t(^ you tbo iuniortanco ti:oy attach to ti\c prompt settlement of Ibis uiatlcr iii tbo souse w!iii'b l!io oompotoni autbvuitios, both English and L''rcnch, arc unanimous in (■i)nsii!ering i.iost favourable lo ibe iutcrests engaged. In tlu'.so same reports Cominandor llumanu raises another (pi(>stion wbicb is uo loss inii)ortant from the point of view of tbo projx'r organization of tbo lisbiug rogubilioiis : 1 mean the advantage to be gained by obliging the local scbooners to carry an out ward mark (a number painted on the .sail), so that sty's (lovornmonl on the two points wbiob 1 liave allowed myself lo once more lay before them. I have, L^c. (Signed) WADDINGTON. IN I ' iii m\ 1, li 144 No. 83. AdmiraUy to Fore'ujn Office. — {JReceived January 16.) (Extract.) Adnumltij, January VA, 18N8. I A^r commanded by my Ijonls (."ommissioncrs of the Admiralty to forward, for the information of the Secretary of State for I'oreign AlVairs, a e()i)y of the Keijort on the Newfoundland Tisherit's for the .season of 18H7, ''^rwarded by Viee-Admiral Lyons in a iL-tter dated the 5th November la.st, an extract of which is also inclosed. My Lords desire to call the attention of the Secretary of State to the followiny points referred to in the inclosed ]{eporls : — The satisfactory relations which appear to have existed, during the past season, between the British and French oiFicers employed on the fisheries. My Lords request that any instructions which it may be decided to issue may be communicated to the Admiralty iu good time, respecting the questif)n of closing lobster factories. In connection with the wreck of the "Belem" their Lordships desire to call attention to the suggestion contained in paragra])h 5 of the inclosed lleport, as to the advisability of registering and marking the Newfoundland schooners. As regards the sale of 1;;.!'. to the French on the south coast of Newfoundland, I rcqu(>st to be informed whciher the instructions contained in the Colonial OfTice letter of the 5th April, 1887,* arc still to be accepted by naval olTiccrs for their guidance on that point. IVfy Jiords pi-oposc, with the concurrence of the Secretary of State, to approve of the manner in which the ofliccrs employed on the lisheries have performed the duties intrusted to them during the season just closed. H Inclosure 1 in No. 83. ViccAilmiral Lyons to Admiralty. (Extract.) " Bellcrophon" at licrmuila, Nornnber 5, 1887. [ HAVE tiie honour to submit herowitli IJeiunts from theolTiecrs in command of Jler Majesty's ships stationed on the Newlbuiidhind coa^t during the season which has now closed. Captain llamond, of the "Emerald," as Senior Odicer, brought to bear on the delicate duties Mith which he was intrusted tlie same tact and intelligence as was shown by him last year. He expresses himself as having been zealously sui)})orted by Commander Gibson, of the "Lily," and by Lieutenant-Commander ]S[astennau. of the "Bullfrog." The relations between tlie two Senior OtFieers would ajipear to have been most eonlial, aiul a nuUual good imderstandiiiir to have existed generally between the Ereneli !uul Miiglish oirieers. The lobster factory at Port S;iunil(i> t'onned the subject of correspondence between Cajjtain llamond and Coiuniodore llumaaii. In the early part of the season Lieutenant -Connnandcr .Maslcrnian, acting on a complaint from the French Senior Ollieer that the lobster fishing was intcircring with the l'"reiich hauling their seines, prohibited .Mr. Shearer, the ii.aiinger of the factory, from setting traps on those parts of the coast objected to. This order was at once obeyed. Commodore lliini;\nn subsequently requested that ^fr. Shearer should lie fold to close bis establislimeiit at the end of the season, adding that, it' if was open at the bfginniinj "I the next one, he should be obliged to oppose its operations. Nofwitli- staiidiii!; the French objection to the lobster-tinning establishnieiifs, two, owned by French subjects, have again been working this year, and these belong to the same individuals rel'ened to in ^L "NVaddington's letter of the 2.'ith August, ]Hsn, as having been ordered to suppress them. As I have already pointed out, the lobster factories generally are a great boon to the poorer classes of the inhabitants by i^iving them einj)loynient. If worked without causing injury to the general operations of French and LmuHsIi lisliennen alike, nliieli, for the most part, they certainly are, their maintenance eannot but be lieneticial to the Colony. The ease of the wreck on the Labrador coast of the French brig " Belem," and • No. 4». 144.A ), 1888. rward, for llt'iiort on iral Lyons following' [\st season, uc may 1)C of closing,' iirc to call t, as to the •foundland, onial Office •8 for their 1 approve of , the duties r 5, 1887. onimand of In which has hear on the •nc(> as was iiler Gihson, n heen most [etween the Ircspondencf the season Mieh Senior Itheir seines, th()!M' parts 1(1 lie tohl lo I (>|icn at till' Notwitli- ), owned by l(() (lie same lo, as liaving real boon to Iked witliout Irnu'u alike, lie hcnciieial Lleni," and the subsequent pillaf^ing of that vessel, has already been reported. There can he no doubt that the crews of the Ncwfoimdland schooners were the principal actors in the pillaging, as also that they are the cause of much of the trouble which occurs periodically on the (ioasts of Labrador and Newfoundland. (Japtain Hamond points out the extreme desii'ahility of thesn vessels being registered and projHJrly marked, without which their identitication is almost impossible. As the French will be prevented by law, next year, from purchasing bait on the south coast of Newfoundland, I would inc^uire whether, with the exception of Article 17, th(! naval olRcei-s employed on the tisheries should be again directed to carry out the spirit of tlu^ Fishery Arrangement provisionally signed at Paris in November 1885. Inclosure 2 hi No. 83. Cuplain Hamond lo Vice- Admiral Lyons. Sir, " Emerald," at Halifax, October 26, 1887. I HAVE the honour to forward the Kishcry Reports for the past season from Her Majesty's ships " Emerald," " Lily," and " Bullfrog." The tAvo last-named sliips have been by my orders kept cruizing on those parts where the French lisliing operations arc carried on. IJoth Commander (Jibsou and Ijit'utenant-Couimander Mastcrman have shown great interest in their work, and performed their duty with zeal and to my entire satisfaction. The correspoudeiiee l)etweeu Commodore llumunu and myself I liave forwarded separately, the chief point ol whieh centres on the subject of Port Saunders, relative to Mr. Shearer's lobster factory ; and on the case of the " Belem." In the case of the lobster factory at I'ort Saunders I will not add to my copies of correspondence with the Freneli Commodore. As regards the " Heleiu," a I'Veneh brig, wrecked at L'Anse-a-Loup in Labrador, I have sent in the whole eorrespondenee on the subject. I dilTer from .fudge Bennett in his opinion that the captain of the brig lost his ship purposely, f think that he proved himself a most incapable man, that he might have; avoided all wreckage of his vessel, and that he showed himself indifferent and unwilling to give assistinee to both Judge Bennett and Lieutenant-Commander Mastcrman in reclaiming his goods. Three men have been convicted and punished, and the Newfoundland Govern- ment are doing their best by further investigation with a view to punishing guilty parties. r would point out again tlie absolute necessity ol' the Newfoundland schooners being properly marked with numbers on their sides and sails, their names being also painted on their sterns, and the vessels registered. 'I'liese wants have been brought fonvard by my predecessors on i'ornnn- occasions, and I believe l)y Her ^lajesty's Government, to the notice of tlu> Newfoundland Government, but with no result. As matters stand now those schooners wbieh lit out for their summer voyage for tisli are under no i-ontrol whatever. With proper means tor identifying v<^ss(!ls I believe the greatt'r part of the wrecking of the " Belem " would not have occurred. I have written strongly on this point of the schooners to show one of the dilUculties that the Captains of Her Majesty's ships have to contend with, as these errant schooners are the cause of the greater pari of the troubU' tliat oi'eurs. Only seventeen I'renelv rooms were working this season on the ecK\st, against twentj'-two last year. Possibly next sciison tiiere may be an incToase owing to the Bait Bill, ami they would probably work in conjunction with the Bank fishery. The question of cod-traps has not come prominently forward this year, and I hoi)o that they will die out, as I question if tiie merchants will supply now ones. The majority of the lishermen 1 have spoken to on the subject tell me they are the curse of the coimtry, and havc^ rumcd the shore fishery. In conclusion, I must add that my relations with Commodore Humann have been most cordLil.and that there has been a mutual good understanding between the French and English oillcers. I have, &c. (Signed) RICHD. H. UAMONI). [269] "T" I ■!i(a>''T( '.•!•• f • 'I ;.iii ii' T« 'i il II II 144 b Tnclosuro 3 in No. 83. (ienernl Remarks. THE cod fishery on the coasts of Newfoundland and Labrador has been a poor one, and especially bad on the east coast. The Bank fishery has been pretty good, and the fisli has been well cured, and will command much higher jjrices than last year. Herrings liavc been phmtiful in many places, but in some parts the people are so poor they arc unable to take them from want of nets. The ice being so late on the east coast interfered with the salmon fishery, and the take was a poor one. The shore fish(n'y seems to get worse yearly, and there will be great want this year at the small settlements round the coast, as the people are heavily in debt to the local merchants, and have little or no fish to exchange; for the necessaries of life. Government relief will probal)ly be afforded in the shape of flour, but what is want<'d is assistance that will permanently improve the condition of the people. Help given by supplies of seed, imi)lements, and instruction in cultivating the land would do much to raise them from the wretched state of poverty that many families are in. In some cases 1 think they should be removed to better parts of the country. I have found the people law-abiding, industrious, sober, and imcomplaining, but living sorrowful lives, with no better pros])ects ahead of them. Alany who were able to do so havt; left the country, the soil of which, with proper cultivation, could surely support them. (Signed) IIICHD. U. HAMOND, Captain and Senior Officer. Inclosure 4 in No. 83. Commander Gibson to Captain Hamond. Sir, " Lily," at St. John's, Newfoundland, October 12, 1887. IN forwarding my Fishery Report, I have the honour to make the following remarks : — The fishery on the coast between Cape St. John and Cape Norman has been decid<'dly p(K)r, especially the earlier part of 'he season ; at the latter place a trifle better than in others. 2. The ice being so late on the coast this year spoilt the salmon fishery very considerably. The capelin have not been so plenliful as usual, and in many places the squid have been seurce. Herring in most places are pretty plenliful, but from want of nets many of the residents have been unable to «!atch many. ;j. There is a good deal of poverty along the eoast, which is doubtless aggravated by a succession of bad seasons, (liinlcns and crops seem to have been fairly successful, and in. several phu-es the rt'sidcnts have a little live stock, wliieli apparently thrive. 1. I liavi" recfived no complaiMts Ironi the French naval ofiicers or the French fishermen. 'Die number of French rooms has very considerably decrea.scd, and the French shore fishery lias not lM>en a sueeess this year, Tlu; Hait IJill may possibly, I think, cause an increase of t lie I'reneli rooms next .season. The I'rud'homme of the French room at St. .lulien's informed nie that he expected Ihey would have a large fleet next season on that account. .'j. There seems to be a feeling against cod-traps amongst many of tlu; residents, and in two inst.unces some of tluMu " took up" a trap set by a schooner's crew. The residents com|)laiii, and with cause, I think, of the schcMmei's, for wherever there is a "sij,Mi of fish" the schooiUTs come and set their tra))s, and crowd out the people who live there all the year round. 1 am, &c. (Signed) HERBERT W. S. GIBSON. Inclosure 5 in No. 83. Gineral liemarks. THE past season has becm another bad one for the cod and salmon fisheries, but the herring have been in many parts unusually plentiful, and very fine fish. 148 The lobster fisiicry has attracted many fishermen, and, though the lobsters are neither so plentiful nor so large as they were a year or two ago on this coast, yet they certainly are by no means flslicd out. The lobster factories at Brig Bay and Port Saunders have not had a bad season ; they employ a number of fishermen belonging to the place to work their boats and traps, paying them at the rate of 50 cents per 100; they also purchase at the rate of 60 cents per 100 from independent fishermen, who work their own gear and find their own bait. The French have recognized the value of this fishei7, and are setting themselves in serious competition to the English in it. Others besides the French are being attracted to this coast with the object of " canning " lobstera. I have mentioned in this Report the case of a schooner working a factory at St. Barbcs during the month of September, and also the commencement of one for next season's fishing at St. Gcnovidve Bay. I have heard of about ten others in contemplation. Salmon are also " canned " at these factories. At Old Port-au-Choix a number of schooners collected, towards the end of the season, for the hen'ing fishery ; the captains of the French fishing-vessels made a complaint about them, and I sent them away. Ten French ships have been fishing on this coaat this season, including a small sloop and a schooner ; the number of men employed has been 410. Four ships have come out for freight ; there have been nine rooms allotted, and three outlying rooms have been worked as well ; two of the vessels have fished at Port-a-Port and Little Port on their way out as well. There was much alaim on this coast at the commencement of the season, on account of some reports that got about that the French intended to destroy traps, &c., but I am glad to say that everything has worked harmoniously between the French and Bnglish. The manner in which the Captain of the French man-of-war schooner " La Perle " performed his duties no doubt contributed in no small degree to this desirable result. On the coast of Labrador the season has not been a good one, and the fish have generally run small. Much distress is antici])atcd during the coming winter. Concerning the wreck of the French ship " Belem " at I'Anse-il-Loup, taking home a cargo of 2,200 quintals, you already have full particulars. I have seen no American vessels fishing on these coasts. Fishermen complained of bad weather at Bonne Bay, but to the eastward it has bc(ni a fine-weather season. The Straits of Jiellcislc were blocked with ice till nearly the end of June, and I passed many icebergs on my way to St. John's, round Cape Norman, on both sides, at the beginning of August. I have, &c. (Signed) J. MASTERMAN, Lieutenant, October 16, 1887. Commanding Her Majesty's ship " Bullfrog." ! Inclosure 6 in No. 83. Captain Haniond to Vice-Admiral Lyons. Sir, "Emerald," at Halifax, October 26, 1887. I ilAVE tiic liononr Id forward correspondence I'elativo to the working of an English lobster factory at Port Saunders, Newfoundland, and which has existed several yars. 2. At the beginning of the season a complaint was made to Lieutenant- Commando' Mastermaii by Commodore Uumann that the lobster fishing on a certain portion ci the coast at Port Saunders interfered with the French taking bait. Mr. Shearer, the owner of tlic factory, was ordered by Lieutenant-Commander Master- man to romovo his lobster-pots from that part, which order he comi)lied witii. ;». Tliis year the Frencli have been carrying on lobster-tinning at two places on the west coast, practically the same places they claim to have suppressed last year, and referred to by M. "Waddington in his letter of the 25th August, 1886. I am of opinion that tlie reason they want tliis factorv closed is to carry out the industry themselves. 'I'liis is a mode of curing Hs'.. certauilv not practised at tlic date of the Treaty of Utrecht. •i. It will be seen by the Boturn of lobster factories,* previously forwarded as [2(59] * lacluKure 2 in No. 73. u r .; 146 called for, tlmt thoro arc sovoral new ones scit iij) tliis sonsoii. In moHt cnsos tli(>y benefit l\ep|)el el dc Port Saunders devant tivc concedes Tan proehain a I'lni de nos biVtimeiils. I'usiiie n homard du Sicur Slicarer n prie done de vouioir hien I'avertir qu'il ait a fermer sa lactonTie a la I'm (h.' la iMvsonte saison. et s'i! no sc conformait pas a cet ordre, je me vermis oblit,'c de nropijoser a ses o])erations d6s le Adbut de la eampagnc de peche. Veuillez, &c. (8ign6) JL HIT MANN, Chef ffi- la Division Xavale de TenP'Ni'uvi'. (Translation.) Sir, >V. John's Harbour, Amjust 23, 18S7. I HAVE been informed by Commandci CarpcMilicr of the stops taken by you for the apprehension of the people at I'Anse-a-Lou]* guilty ol" the ])illage of the French brig " Bolem," and I beg you to accept my warmest thanks for your action. On the other hand, I have to inform you that, in view of the fact that the (Ishiiif; stations at Keppcl Island and al I'ort .Siiunders arc to b.' allotted next year to one ol' our vessels, Mr. Shearer's lobster factory cannot, under these eircunistaiiees, contiime to be worked without constantly liindering the I'lsliery of the 'French. 1 th(>refor(> beg you to be so good as to warn hin\ thai he must close his factory at the end of this season, and if he does not obey this order I shall he ol)li;,'e(l to pr(>vent his opemtions tlie moment the lishing season has opened. I liave, iVc. (Signed) K. lll'MANX, Commander of the Xavnl Dirixinn i'l S'rirfonndland. Inclosure S in No. x'-i. Lii'iilcnanl-Couimandcr Miii^loon as possible. 1 have, iS:c. (Signed) .1. :masti:iiman. 147 Inclosurc in No. 83. fArulenant-Commander Maxtcrman to Mr, Shearei: Sir, " nutlfroy," at Port Saunders, September 2'4, 1887. HAVING received I'loin Ca])taiu ilumunn, Senior French Naval Officer, New- I'oundlniul, a notilieation to Uio elFeet that the lishing station of Keppel Island and I'ort Saundei-s lias been allotted next year to one of their ships, and that the factory you work in Port Saunders will interfere very much with their fishing if carried on a8 a( iirescnt — I have to inlorin you that you will continue working? your factory next season at tfreat risk, for on ntiy rcasonahlo complaint on the part of the Frencli of your opera- tions interferini^ with the full enjoyment of their llshing rights your factory will he suppressed. I have, &c. (Signed) J. MASTERMAN. Inclosurc 10 in No. 83. Captain Huinond to Captain Ilumann. Sir, " Emerald," at Halifax, October 25, 1887. I HAVE the honour to adihcss you on the subject of your letter to Lieutenant- Connnandcr ^lastennan, of ILcm- ^lajcsty's ship *' JJuUt'rog," in connection with ]\lr. Slicarer, and showing tiic coutoinplated fishing-grounds of one of your lishing- vesscls next year. Our best endeavours will be used, as iicrelofore, to ])revent any interruption to the lishing of l''rencli subject-^, and any c;is(> will meet with the most careful attention on the part of theC'iiplains of Her JU-itannic .Majesty's ships when referred 1u them by the French naval ollictrs or \oui own li.siicrnicu. At the same time, 1 hold each case must stand on its own merits, and be dealt with at the time it occurs. I m.ay add that my instructions are opposed to any such action against British subjects as is suggested in your hotter. I beg to thank you for your courtesy in reference to Lieutenant-Commander Masterman's proceedings in the case of the "15elem.'' 1 lltlVC &c (Signed) ' KICnD. H. IIAMOND. ■itji No. 84. The Miininis of Salisbiin/ to M. Waddington. M. rAnd)assadcur, Foreign Office, January 2.5, 1888. I HAVI' the honour to ackuowlcdjie the receipt of your Excellency's note of the lltli instant, in which, after cx|)rcssinir the acknowledgments of the French (Jovernment lor the courtesy shown by the lirilish naval oliicers to the Freiich Senior Naval Ollieer in Newlbimdlaiid waters during the last fishery season, your Kxcclleney again draws attention to the (piustion of rod-traps and to the cxpLdiency of allixing distinctive marks to New- touiidland local fiBhing-vcssels, and presses lor the prompt adoption of the necessary measures in respect of both these matters. I hasten to ac(|uaiiit your Excellency, in reply, that Her Majesty's Government have read with nuich satisfaction tiie testinmny borne by the French Government to the good relations subsisting between British and French naval officers on the Ncwibunclland Station, and that no time shall be lost in again conununicating with the Newfoundland Government upon the other points referred to in your note. X have &c. (Signed) ' SALISBURY. f2G9] U 2 i.|||.^ 141 No. 8A. 'Foreign Office to Colonial Office. Sir, Fore'ujn Office, January 25, 1888. I AM directed by the Marquis of Salisbury to transmit to you, to be laid before the Secretary of State for the Colonies, the accompanying copy of a note from the French Ambassador at this Court, ^^ in which, after expressing the acknowledgments of the French Government for the courtesy shown by the British naval officers to the Frencli Senior Naval Officer in Newfoundland waters during the recent fishery season, his Excellency again calls attention to the question of cod-traps, and to the expediency of affixing distinctive marks to local Newfoundland tishing^vessels, and presses for the prompt adoption of the necessary measures in respect of both these matters. I am to observe that no steps appear to have been taken with regard to the latter of the two questions raised by M. Waddington since the adoption of the provision relating to it which was inserted as Article VI in the Agreement of November 1885, and I am to ask that Lord Salisbury may be favoured with an eorly expression of Sir H, Holland's views on the point. As regards the question of cod-traps, Lord Salisbury would suggest that the Govern- ment of Newfoundland might be requested by telegraph to take speedy action in the matter. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 86. Sir H. Holland to Governor Blake. Sir, Downing Street, February 2, 1888. I HAVE th.^ honour to acquaint you thut I have this day telegraphed to you that I considered it of the utmost importance that there should be colonial legislation with regard to cod^traps, and desiring you to do your utmost to secure early action by your Government in the nu^tter. I have, &c. (Signed) H. T. HOLLAND. I No. 87. The Governor of Ntwfoundland to Sir H. Holl""-K — {Received at the Foreign Office, February 7, 1888.) (Telegraphic.) I HAVE received your telegram, and will endeavour to get a Cod-trap Bill passed in coming Session of Legislature. Success, however, is not certain. No. R8. Colonial Office to Foreign Office. — (Received March 1.) Sir, Downing Street, February 29, 1888. WITH reference to previous correspondence relating to the removal of lobster factories, the suppression of cod-traps on certain parts of the coast of Newfoundland, and the marking of vessels engaged in the fisheries, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid before the Marquis of Salisbury, a communication received from Sir Robert Tliorburn on the subject. 2. As regards the removal of lobster factories and the suppression of cod-traps, Sir Henry Holland proposes to await the result of the action ol Sir K. Thorburn in the matter after his arrival in the Colony, before deciding as to the necessity of Imperial tion. 3. As to the marking of ships, Sir Henry Holland, with the concurrence of Lord • No, 82. 149 Saliibury, would suggest to the Lords Commissioners of the Admiralty that the Senior Naval ()fl!cer on the station be invtructed to ascertain, on liis arrival at St. John's, the exact state of the luw in the Colony applicable to vessels engaged in the fisheries to which the French complaint of non-possibility of identification refers. If ho finds that the law is Butlicicnt, if duly enforced, to insure the identification of vessels, he should warn olT vessels not complying with the Statute, or take such other steps as may insure such compliance, or punishment in default of it. Should, however, he ascertain that the law is insutllcient, a report of the facts should be submitted. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure in No. 88. Sir R. T/iorlmrn to Colonial Office. n Sir, Colonial Office, February 10, IHftft. REFERRING to our conversation about distinctive marks on Newfoundland fishing- vessels, I beg to say that all registered decked vessels employed in the Colony are required to h(> plainly marked on the stern in the same manner as prescribed in "The Merchant Sliipping Act, 1854," 17 & 18 Vict., cap. 104, sec. 19, which I take it to be is in force in the Colony of Newfoundland, in the Consolidated Statutes thereof. From my own knowledge in practice I know that a vessel sailing without her name so marked renders her owner liable to a {lenalty in Newfoundland. There can be, therefore, little trouble in identifying any Newfoundland vessels contra- vening Treaty rights. Open boats could not be marked in any manner such ns to identify them, but they cannot, in any case, interfere seriously with French fishermen, and we may assume that any complaints do not apply to this class of vessel. With >..pcct to the question of cod-traps used on that portion of the N'ewfoundland coast where the French enjoy certain fishery privileges, and lobster factories situated on same territory, I think it is contemplated to introduce a Bill during the present Session of tiic Newfoundland Legislature regulating the distance between the location of lobster factories on other parts of the coast, and it has occurred to mc that advantage might be taken in the introduction of this Act to deal with the question of setting cod-traps and locating lobster factories by a system of licence, and providing for the removal, at expense of the Government, of lobster factories at present erected on the so-called French Shore, understood to be contrary to Treaty. It such a Bill cnuld be passed through the Newfoundland Legislature (and I think there is a better chance of it in this shape than in any other), the Colonial Government would then be vested with the power of removing those few lobster factories, and refusing licences for the use of cod-traps in the localities complained of, which would get over the difticulty complained of by Her Majesty's Government in improvising Iinperiul legislation to accom|)lisii the same end. As I hope to retinii to Newfoundland two weeks hence, I could ascertain how far the views given above can be carried out. I have, &c. (Signed) ROBERT THORBURN. 4] No. 89. Lord Knutsford to Governor Blake. ice of Lord Sir, Downing Street, March 1, 1888. WITH reference to previous correspondence relating to the question of the removal of lobster factories and the suppression of cod-traps on certain parts of the coast of Newfoundland, I have the honour to transmit to you liLMewilli, for the information of yourself and of your Ministers, a copy of a letter addressed to me by Sir R. Thorburu on the subject. Sir R. Thorburn's letter also refers to the question of the proper marking and registering of vessels, which has formed the subject of a representation from the French ^1 1^ U ■ I 'M .1 160 Ambassador nt this Court, of which a copy is incloHfil, togctlicr with copies of n letter from the Forcimi Oflicc, uml ul'tlic reply which has been returned to it l)y my direction.* I have, 9iv. (Signed) KNUTSFOHD. i No. !tO. ^f. Wmlilinijinn to Ihr ^farl|llill of f^nlislniri). — (Rvcflrril March Ti.) M. Ic Mar(|ui«, l.ondres, Ir '.\ Mms, )H8H. V^OTUK Seijrneurie a hien voulu me t'aire snvoir, par Sa Icttre dii L'.*) .lanvitr dirrnier que les demiindfs dc uvm (Jouvenicmcut conei-rnaiit I'cmploi des trappes a 'IVirc-Ninive ct les inanpies a iuiposor aux ;;()t'lettrs nomades allaii rit laire i'objc't d'lni nouvel cxaiiu'ii, dunt le resultat me serait procliainetucut eonuiiuniipie. I''n vuc lie faciliter cet examen et de corrohorer les observations quo Je vous ai dejii soumises, je eroi« devoir vous tain- part di' iiouviHes indications (pii me sont communiipices par mon Gouvcnienjenl. l)'aborapiers du bord qu'une licence delivree par un agent, des Douaiics, niais ils ne .sont pas astreints h porter d'une (a(;on ap|)arenti' le nom (pii los individualise. L)rs(|ue Ic iiavire en yovtv nn, lis gens du bord ont soin, lorstjuMIs se livrent a des depredations, de retl'aeer on de jeter a la mer la pianelio sur hupielle il est inserit. Si Ton eonsidere, d'liutre part, tpic la plupart de ees goilettes sont construites sin- un modele uniiurme et sont identi(|ues sous le r.ipport du f^reement et de la mature, on ne pent etre surpiis qu'rlles eeliappent au coutr^lc des autoritcs navales ct i» la surveillance dea bailments de guerre des deux pays. C'est en se I'ondant sur ees pratiijues (pie le Ministre de la Marine de la IJepubliipic croit di'voir reeouiniander eomnie moyen Ic plus propre a parer aux inconvi'nienls (pii i.n rcsultent d'obliger les goeletles Terre-Neuviennes non pas simplement a porter un nom eelon la manieie u.>uelle, car I'exix'rience a montre tjue cette precaution serait (\t pen d'etlet, mais l)ien a avoir un signc ext(!'rieur " bieii apparent," tel ()ue serait, par exemple, un numero d'ordre peint dans I'une dc leurs voiles. 1/aimonymat dont ces navircs ae eouvrent (lis|)araitrail ainsi, et avcc lui la prineipalu cause de I'impunitij dont its jouisscnt. Un exemple trCs frappant des inconvenients du .systeiuc actuel est otl'ert par TaHaire Dupuis-Robial, dont j'ai d(5Ja entretenu le Foreign OtKee, et sur huiuelle je vous dumande !a permission de revenir av(!c vous aujourd'hui. Cela me semble d autant plus lu'eessairc (|uc rinterprt'-tafion des engagements internatioimux a ... quelle eel incident a donne lieu de la part du (jouvernenient de la Heine ne suurait etrc aece|)t(!'e par le Couvernement de la Kepubli(pie. D'apres la i.ote dc Voire Seigneurie du '24 Aout dernier, les sujets |{ritanni(|ues scraient seulement lenus ii napporter aueun obstacle et aucun cmp(}cl)ement materiel a I'acte mrme de la pt'ciie, mais ils ne pourraient i)as t'trc iiupiit'tes pour des fails (pii ne piesenteraiiiit pas rigoiinuscment ee caraetiiv ; bien plus, kur droit de partiei|)er a la peelie sur le '•French Shore" subsisterait, alois iiii''iiu' (lu'il n'sultcrait de la fa(;on dont ils en useraicnt un a[)pauviissement des loiids resirvd-s a la peclie Fran(,aise. ()r, dans ropinion (its persoiines eoinpeteiites, eel aji|)auvrissement, tel (pi'll resuite de I'usage (les trappes, pent aiier ('vcntueiiement jus(pi';i ia slerilisalion comi>U'te. Par eonsd-quent le fait de tiiidre les (litis trappes dc maniere a empi^'clu'r la morue de doubler les ea[)s et de remoiiter ie ion-.; ilu " Freiieb Shore" ne devrait pas (jtre eonsidere comme unc inl'raetiou aux clauses de^ Traitt's si ces trappes etaient post'es sur des points oii les Franyais ne se livraient |ias, dans ie iiiouient, a I'exerciee de la p('elie. Une telle doeliine e(piivaut, dans ropinion dc mon (ioiivernement, a atlirmer que les ptV'lieurs Anglais ont toute liberie pour liiire a nos naticnaux uiic coiieurrcuee nui^iljle ct mi'iiic ruiiieuse, pourvu que cettc concurrence ne suit pas pratiipu'e dans ie voisinage immediat de nos peelieurs et ne soil pas acconq)agnee de nioiesditions mattirieiles. II ne saurait «!'ehaj)per a \ otre Seigneurie que telle n'a pu hvc I'intention des Hautes Parties Contractantes en \7ii'A, et I'exprcssion "interrupt"' employee dans ia traduction de la Declaration du 2!^ Seplembre de eettc nu'-me aniuH* n'a evidenunent pas le sens du mot Franyais " interronq)rc ;" elle correspond au eontraire a Tcxpression beaucoup plus • No8. 82, US, and «8. Ifil tji'dn'riili- do " tioiililiT." Sill' CO poiiit nuciiiio disonsHioii no srn>l)l(' poi^ihlc, |iiiis(|U(', c'onimc Ic sail Volu St iniuuiii', la Dt'claifitiuii ilii '\ Si'|itiMnl)ii', 17*^ ^ ii'a vtv u'di^'r." i|ii'i'n line ni'ulc laiiL'iif, Ic I'r.mrais ; d U; tixto ()riu;iiinl si^'iu' dii Due dc Miniclu'sli r portc (|u, 11 ne snuruit f'trc contesti!' cpi'il y ait eu gene, entrnvp, trouMc npporte par Ics tiujcts Hrifanni(|ue.s dnns Ics enlnprises de nos ariiiatcurs. I'ai doimr pn'cedein- inent Jk Votic Scigneuiic dcs indications (pii ne lai-sent aucun doute t\ ce sujcl, F.cs trappes out cmpi^clie d'uiie fa(,'()n, pour ain^i dire, pi rmaneiite, nos p^clieurs de dtJhordcr Icurs scincH ; elles Imrraieiit les eiiipi. cements oil lis nvaienl le droit incontestable do seiner, el ou, sans ces eiitraves, ils raiiraient certaincinenf fail. Mi'^me in adincttniit (pie l(>s peeiieurs Anvlais nVussent lendii Iciiis Irappcs (pi'en dehors du " French Shore," il seiiil)lerait dcja ipie iclle piatiipie ne saiirait i^trc adniise coniine rexeiciee d'linc peclie loyale, car, an tcnioimia,i,'e des gens du nidtier, ccs cngins, einpcchant la inoriie de reiiioiiler, out pour diet de reiidre en ])artie illusoire noire droit de peelie dans ces eaiix. Mais nous goninies loin do cetto hypolliese, car il a ete reeonnu et materiolleinent con>late tpic la conlravcntion avail ele cuinniisc sur notrc littorul inetue en violation certniiic licR piigagcments internationaux. I'our ces motifs, mon (louverncnicnt nc croit pas pouvoir considcrer coiuine diTinitivc la reponse de Voire Scif^iunirie du "J 1 Aout dernier, ct, conforinement aux instructions ipie j'ai rc<;uc8, je Lu prie de voiiloir hien soinncttrc la ipicstion a uii nouvol exnmen. Je vous rappellerai, a I'appui dc cette dcni.andc, (juo dans votre nole precilee vous reconiiaissc/ vous-uienio a nos pecheuis le droit de fairc appel aux auloriU's Urilannifiucs pour ctrc pr()ti'j;e8 contrc les einiiiiJtonicnts des p, par lequel nous rcnoneioiis ".a la piVlie du saumou dans les cours d'cau pour nous la rdscrver on nicr ct a I'embouchuie dcs rivii^rcs jusqii'au point ou les caux sont salces." Mais Voire Scigncurie sera sans doute d'aceord avee nous pour rccoimailic qu'on nc saurait fairc revivrc a notrc detriment uiic Convention dont le rcjet nc nous est jias imiiutablc ct a cu pour consequence d'anuuler les concessions qui y ^talent reciproiiuonient stipulces. Nous nc pouvons donCj dans ces conditions, que il ,1 : 1 1^1 * i II IMAGE EVALUATION TEST TARGET (MT-S) k A {./ ^ .V € ^,% M /. f/. 1.0 1.1 11.25 |50 ■^" HIMI 2.2 1^ ■uuu U 1 1.6 Hiotographic _Sciences (Jorporation V" V ^ ,v c\ \ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 152 1% ■ i I, I tnaintcnir intact, comnie nous I'avons toujours fait, notrc droit exclusif de p^che tel que nous I'avons ant^ricurement exerc6 dans les rivieres et les saumonneries aussi bien que Bur la c6te elle-m6me. Neanmoins, dans un sentiment de conciliation et dans la pens^e que le Gouvernement de la Reine voudra bien accueillir nos demandes concernant I'interdiction de I'usage des trappes et les obligations h imposer aux go^iettes nomades, mon Gouvernement serait dispose, au cas oCi son attente en ce qui concerne cette double question ne serai'' point trompee, a faire certaines concessions relativement si I'exercice de ce droit de peche. L'usage des barrages fixes serait interdit & nos nationaux qui ne devraient se servir h I'avenir, que de rets mobiles am^nag^s de fa9on k permettre la circulation des bateaux. Je serai fort reconnaissant h Votre Seigneurie si Eile veut bien examiner, dans un esprit bienveillant, Tensemble des considerations et propositions qui pr^cMent. J'attacherais beaucoup de prix, ^tant donn^e la date h laquelle nous sommes arrives, k recevoir le plus tdt possible Sa r^ponse. Veuillez, &c. (Signd) WADDINGTON. (Translation). My Lord, London, March 3, 1888. TOUR Lordship informed me by your note of the 25th January last that the wishes of my Government in the matter of the use of traps in Newfoundland and of the marking of stray fishing-smacks were to he subjected to further consideration, the result of whicli would presently be communicated to me. With the view of facilitating this consideration, and of corroborating the observa- tions I have already submitted to you, I think it right to lay before you fresh consi- derations which have been communicated to me by my Government. In the first place, in the case of the fishing-smacks, I have received more precise details, of which I think it right to inform Your Lordship, aa to the methoab adopted by them for eluding all supervision. Not only do these vessels sail without a flag and without any papei-s on board other than a licence handed to them by a Customs officer, but they are not compelled to carry the names which distinguish them, in a conspicuous manner. When the vessel has a name, the crew is careful when canning on depreda- tions, to efface it, or to throw overboard the plank on which it is painted. If, further, it is remembered that the greater part of these fishing-snmcks are built on a uniform model, and are identical in the matter of rigging and masts, it is not surprising that they escape the control of the naval authorities and the supervision of the war ships of the two countries. It is these practices which lead the Minister of Marine of the Republic to think it his duty to recommend, as the best means for meeting the difficulties resulting therefrom, that the Newfoundland fishing-smacks should be compelled not simply to carry their names in the usual manner, for experience has shown that this would haTC little effect, but to carry some outward and very clear sign, as, for example, a number f)ainted on one of their sails. The absence of names which enables these vessels to lide their identity would thus disappear, and with it the principal cause for the impunity which they enjoy. A very striking instance of the evils of the actual system is furnished by the DupuiS'Robial case, which I have already brought to the notice of the Foreign Office, and to which I beg permission to return to-day. This seems to me the more necessary that the interpretation of the international engagements which this incident has led Her Majesty's Government to put forward cannot be accepted by the Government of the Republic. According to Your Lordship's note of the 24th August last, British subjects would be bound only not to put any obstacle or material impediment in the way of the act of fishing itself; but they could not be disturbed for acts which could not be rigorously interpreted to have this character ; indeed, their right of participating in the fishery on the " French Shore " would subsist, even though their method of availing themselves of this right impoverished the part reserved for the French fishing. But in the opinion of competent people this impoverishment, such as results from the use of traps, might end in absolute sterility. Consequently, the act of placing the said traps so as to prevent the cod-fish doubling the capes and going along the " French Shore " should not bo considered an infraction of the clauses of the Treaties if these traps were placed at points where the French were not for the moment fishing. Such a doctrine would, in the opinion of my Government, be equivalent to asserting that British fishermen are at liberty to engage in an injurious and even ruinous competition with French citizens, provided that such competition be not carried on in the 163 immcdiato vicinity of our fishcrmcu, and be not accompanied by material molesto* tions. Your Lordship must be awaro tbat such could not have been the intention of the High Contracting Parties in 1783, and the expression " interrupt " employed in the translation of the Declaration of the 23rd September of the same year has evidently not the same meaning as the French word " interrompre;" on the contrary, it corresponds to the much more general expression " troublcr," On this point no discussion seems possible, since, as Your Lordship is aAvare, the Declaration of the 3rd September, 1783, was only drawn up in one language, the French ; and the original text signed by the Duke of IManchester states that " Sa ^Majesto Britannique prendra Ics mcsurcs les plus positives pour provenir que ses sujcts no troublent en aucuno maniore, par leur concurrence, la pficho des rran9ais." This allusion to " competition" would sufTice in itself to show that the prohibition is not limited to acts grave enough to constitute an interruption, properly so called ; for competition does not interrupt the rival operation in question ; it injures it solely by its parallel action. This being so, it cannot be contended that there have not been inconvenience, impediment, and disturbance, caused by British subjects to the eitterpriscs of our ship-owners. I have previously given Your Lordship proofs which leave no doubt on this subject. The traps have prevented our fishermen in a manner, so to speak permanent, from spreading their nets ; they blocked up those parts in which they had the incontestable right of spreading their nets, and in which, but for these impedi- ments, they would certainly have done so. Even supposing that British fishermen had only placed their traps outside the limits of the " French Shore," it would appear that this practice could not be permitted as a loyal method of fishing, for, according to the testimony of men of the trade, these traps, in hindering the cod from coming up, have the effect of rendering our ri^ht of fishing in these waters partially illusory. But we are far from this hypothesis, for it has been recognized and substantially proved that the contravention took place on our shore itself in imdeniable violation of inter- national engagements. On these grounds my Government cannot consider Your Lordship's answer of the 24th August last as final, and, in obedience to my instructions, I beg you to be good enough to submit the question to a fresh examination. I would remind you, in support of this request, that in your above-mentioned note you yourself recognize the right of our fishermen to appeal to the British authorities for protection against the encroachments of British fishermen in the limits reserved for French fishing. It cannot be admitted that Her Majesty's Government were freed from their responsibility by the sole fact that the authority qualified to answer the appeal of our fishermen failed at the moment when it was called upon. In this particular case, the claimants have had to complain of acts on the part of British subjects which constitute an infringement of their free enjoyment of the fishing grounds reserved by the Treaties for French fishing. The actual sum at which they estimate the damage caused them by this injurious intervention of British fishermen may ho matter for discussion, but the wrong on which they base their claim does not appear to admit of question. Independently of the considerations I have submitted to Your Lordship, there are others of a different kind which militate in favour of the grant of an indemnity to the ship-owners Besnier and Dupuis-Bobial. These ship-owners have been during the fishing season of 1886 victims of repeated thefts, on account of which they have made claims before the competent authority on the spot ; indeed, I had the honour last July to request from Your Lordship the assistance of the British squadron in securing the discovery and punishment of the offenders, and the indemnification of the claimants. According to the information received by me, the inquiry has had almost no result, except that the receiver of a small part of the stolen goods has been discovered. This is not surprising when the conditions under which these stray fishing-smacks work, and the almost absolute impossibility of identifying them, arc taken into consideration. I transmit herewith to Your Lordship the Report of two inquiries, wliich will acquaint you with the circumstances under which the thefts took place, and which appear to me to show in the clearest manner the necessity of regulating more strictly the terms on which these vessels sail, while, at the same time, they complete the statement of the injuries of which our ship-owners have to complain. I avail myself of this opportunity to mention one moi-o point in connection with tlie fishery at Newfoundland, — I mean the salmon fishing. In a note recently addressed to the Ministry of Foreign Affairs, the British Minister at Paris expressed the opinion that our citizens bad no right to fijsh in the rivers whoso mouths are on the " French [2691 X I, ' I 1 ;ncurie si Ellc veut bien prendre dcs dispositions |)our qu'il soit rdpondu sans retard ti nies euinmunications, afin qu'il soit donnd satisfaction aux pressantes demandes que j'ai I'lionncur de Lui rtiit^rer au nom de mon Gouvernrment. Veuillez, &c. (Sign^) WADDINGTON. (Translation). My Lord, London, July 16, 1888. AS Your Lordship is aware, my Qovornraont would be very grateful to be informed as to the intentions of Uor Majesty's Government respectini^ the prohibition of cod- traps in Newfoundland, and the regulations to bo imposed on stray lishing- smacka with the view of facilitating their identification. The Paris Cabinet trusts that nothing but complete uniformity of views exists between the two Governments interested iu these two questions, on which the possibility of maintaining order among the fisliing- vessels, and of insuring in the proper manner the stocking of the waters, chiefly depends. But we have bithcrto received no reply from the British Cabinet on this matter, to which I have had the honour to call Your Lordship's attention several times. The same is the case with the Dupuis-Robial claim, which is connected with the use of traps by the Newfoundland fishermen. I think it my duty to beg that you will be good enough to refer to ray letter of the 3rd March last, iu which I discussed this question, and I should be much obliged to Your Lordship if you would take steps for replying to my notes without d Oovernor Blnke to Lord Kmttiford. My Lord, Govirnment lloHxe, Newfoundland, Jiihj 10, l8ftS. I HAVK tliL' honour to forward, for your Ijordsliip's consideintion, ii stoteinent from MusHt-s. McNcily iiiid McNcily, solicitorg for McHsrH. Murphy mid AiidrewH, who mado nrrnngenients Cor the citiddifllimcnt of a lobster-canning; cstublisiiunciit ut llaiilinK Point, in White Bay, ii place wlicro lor more than forty years no French suhjrcts have curried on any kind o( fishery. Messrs. Murphy and Andrews had af?rct'd last niituinn with a nunihcr of the inliubitants to cnteli lobsterfi for them, .^nd were to b(;gin operations on the liStli June. S. On the 1 0th June Meesrs. Murphy and Andrews arrived with the necessary plant and supplies for the season. On the 14th June a large number of Frenchmen arrived there, wlessrs. Murpliy and Andrews proceeded to erect the necessary boilinii-houso for carrying on their business, and had their arranp;emcnt8 all but completed, wlicn the French war-ship " Dn\c" arrived at Hauling Point. The Commander, on Hunday.tho 24th June, informed Messrs. Murphy nnd Andrews that lie would not allow them to take lobsters in that locality, and, further, that the French fJoveriiment had conceded to the French Compnny there represented an exclusive right to fish for lobsters in that locality for five years. 3. In consequence of the interdict of the Commander of the "Drae," the men who had agreed with Messrs. Murphy and Andrews to supply tiiein with lobsters refused to do so, and they liave been obliged to abandon the venture at considerable loss, for winch they claim compensation amounting to '2,\H0 dol. fi'i e. The particulars of the claim are attached to the statement. 4. Havint; ejected the British subjects from the place, the French Company have proceeded to erect an establishment of a permanent cliaracter, over 300 feet in length, in which, from the Report of Mr. Ikrteau, Sub-Collt( tor of Customs, which 1 inclose for your Lordship's information, it appears that they intend to carry on a lobster factory and general trading establishment, with accommodation for a large number of men. This savours more of a regular annexation of that portion of our coast than the temporary occupation of a portion of the shore for fishery purposes, As the cost of tlie erection of the boiling-house by Messrs. Murphy and Andrews wns 150 dollars, including the labour, it is evident that it was not a fixed establishment, but a temporary erection to be removed at the end of the season. 5. My Ministers protest very strongly against this assertion of French claims. They submit that the terms of the Treaty of Utrecht and the Declaration of 1783 do not include the concession to the French of an industry then unknown. The Treaty of Utrecht gave to France the right " to catch fish and to dry them on land." Lobsters are not fish, and the process of canning is not that of drying them. Tlio taking of lobsters does not, therefore, appear to come within the terms of the Treaty, and the assertion of French claims as detailed in the inclosed statement involves the practical exclusion of British subjects from an iiuiuslry within British territory unknown when the French Treaty rights accrued, and now of great and increasing importance to some thousands of British subjects settled on the coasts over which the Frenclt Treaty rights extend. I have, &c. (Signed) HENRY A. BLAKE. Inclosure 2 in No. 107. Messrs. McNeily and McNeily to the Colonial Secretary. Sir, July 2, 1888. Wl'. are charged by Messrs. Murphy and Andrews, lobster packers, and by Messrs. Goodfellow and Co., who have made large advances to said Murphy and Andrews, to lay before you, for the consideration of his Excellency the Governor and (^omniander-in-cbief, the following statement of facts : — 1. In the autumn of last year Messrs. Murphy and Andrews made arrangements for the establishment of a lobster factory at a place called Hauling Point, on the south side of White Bay, on the so-called French Shore, and situate some 30 miles to south and west of Partridge Point. 2. It is not known that any Frenchmen had ever prosecuted the fishery in this place, IM but it is nfflrmrd thnt for a period of more than forty yearx no Prenoli iiil^jects hml in tlint locniity been ongni^ed in niiy fishery onterptise*. No erections, toniporHry or pernmnont, had ever hecn iittiMnpted to lie made there hy tlie I'Vciich for fishery or other purpo8o«. 3. MeHsrs. >fiirphy ami AikIicwh arrived at Hauling I'oint on the lOtli Juno lust, having in the autiinin previous secured the services of ti nund)or uf men who agned to catch lobflters for thfui, and who had arranged to conununce operations on Monday last the 'iSth June. On the I4lli Juno, four days after tlie arrival of Murphy and AndrewH at Hauling point, a large nundicr ol hVenchineu anivcd there. T). MiU'phy and Andrews had, in the meantime, landed their machinery, plant, material, and suppiieH. fi. Murphy and Andreins proceeded to make the necesFiary erections of huildings and Minchinery for the purpose of carrying on their liusiness, and had their nrrangomunts all hut completed when the Krench war-ship tlie "Drae" camo into llaulinu; Point. 7. The Comuiaiidrr, on Sunday, the LMtli dune, informed .Murphy and Andrews thut he would not allow them to tish for lohstnrs (ir to take Inhnters in that locality, and further, that the French Government hud conceded to a Freneli Company (biin^' represented by the Frenchmen wlio had arrived on tlu; l-ltli June) an exclusive rijfht to tish for lobsters in that locality, i.p.. Hauling Point, for a period of five years. 8. Meantime, Murphy pnd Andniws had made all necessary erections (uv the carrying out of their enterprise. Tlic erection of the buildings involved an expenditure of about 150 dollars. The cost of Hupplies for lobster otttches, of machinery, plant, and material, and freight thereon, amounted to 3,100 dol. 31 c, and they brought with them from St. John's a bookkeeper and a tinsmith. 9. The French Company are, a*-, we learn, putting up a building for lobster packing purposes of about -^OO feet long. 'I'liey have about lOO men to be employed, who came from France in two vessels whieh arc in the service of the Company, one (being in the Southern Arm) a large brig, another a bri^antine (lyin;^ in the Western Aim) ; diid it is said that they have also another vessel somewhere near upon that coast. 10. It will thus be seen that they contemplate operations upon a gigantic scale. 11. The nuuiagcr of the projected French factory, one M. Michel, ha? asserted that he has this exclusive right of which the Cunnnandcr of the " Drac " has spoken, and has said, moreover, that he hns the French Government at his back, and that he will be com- pensated by that Government whether he is permitted to succeed in his enter|)risc or if he be restrained. There is some reason for believing that it is the intention of the French Government to foster this new fishery upon our coasts by means of bounties, as the cod fishery is at present assisted. 12. A number of the men who had aizreed with Murphy and Andrews to su])ply them with lobsters, when the Captain of the " Drac" interfered with our clients, were present. In consequence of his interdict these men refused to carry out their agreement theretofore made. 13. It will thus be apparent tiiat, through the high-handed, unwarranted, and utterly unlawful interference of the French Commandant, our clients. Murphy and Andrews, have been completely prevented from jjrosecuting their season's enter|)risc, for which they had at so much labour and expense prepared themselves. 14. It will also be observed that the French are presuming to assert rights of a territorial character and in respect of inshore fisheries, which their extremest arrogance lias never heretofore compassed, in its claims. The lobster fishery Is a new industry which was never contemplated or anticipated by the Treaties. It is an industry subject to the regulations of our local IjCgislalure as to close time, seize, &c. If the contentions of the French in respect of this fishery be admitted, or even connived at, they will doubtless insolently assert their immunity from local regulations or legislation. Thus we should have the lamentable spectacle of our own fishermen, in our own territorial waters, and upon the soil of our own Dominion, hampered by regulations which are designed for the protection of the fishery ; whilst aliens not only prevent them from exercising their birthright, but set at insolent defiance the municipal restraints imposed by law, and prosecute their alien operations to the ultimate destruction of this valuable and yearly increasing industry. 15: Moreover, there is a yet larger issue involved in this claim. This industry, when carried on upon the scale contemplated, must, as we are informed, demand the erection by the French of "permanent establishments," and thus a new form of territorial claim is asserted in direct violation of the Treaty. It has been, unfortunately, by reasoa of our supineness and our hesitation to withstand such claims of the French at the very outset, that they have been encouraged to go on firom aggression to aggression. [269] Y 2 ■:i ( ■' I: : I ■' ! i- hi :a I ' v. ■•» 164 These, Sir, are, as concisely as they can be expressed, the facts and obvious conclusions therefrom which we deem it necessary to bring before his Excellency at present ; and we are constrained to request the intervention of Her Majesty's Government in respect of this gross violation of international law and the great damage which our parties have thereby sustained. Tlie full extent of the damage sustained it is impossible for us at present to define. We have, however, prepared a statement of what reasonable compensa- tion we should without doubt be entitled to receive at the hands of the French Government. We have brought the whole matter before his Excellency with the least ))ossible delay. But we reserve to ourselves the right to add to our claim when further information and future development of affaira shall enable us to give more accurate details. Inclosed (marked A) is a statement of our preliminary claim. We are moved to this action, not merely by reason of the personal injuries sustained by our parties, but by our earnest desire for the vindication of British rights as to the territorial soil and waters, as confirmed to us by the perfected negotiations between the High Contracting Parties. (Signed) McNEILY and McNEILY, Solicitorn and Advocaten for the above-named Parties, Inclosui-e .T in No. 107. Schedule {A) referred to in annexed Correspondence. THE probable result of season's fishery, being at least one thousand cases, on which a profit of at least 1 dol. iiO c. per case would be realized. Lns8 thereon, 1,000 cases, at 1 <]o). 50 r. The loss on supplies bemg computed at a minimum of 10 per cent. — Loss thereon, 10 per cent, on 3,106 dol. 31 c. . . . . . The loss on buildings and erections, being principally for labour . . . . The labour in removing said buildings, &c. .. .. .. .. The necessary freight in removing supplies, machinery, plant, material, kc, 2,180 63 N.H — This does not include wages of bookkeeper, tinsmith, or loss of clnimnnts' time and remunei-ntion therefor. Dol c. 1,500 00 310 63 150 00 100 00 120 00 (Signed) McNEILY AND McNEILY. Inclosui-e 4 in No. 107. Mr. Berteau to Sir R. Thorium . Dear Sir, Revenue Cruizer " Rose," .Tune 20, 1888. I BEG to report to you the arrival at South-West Arm, White liay, of two French vessels. These vessels have a laiirc stock of goods on hpiul to be used in trading. There are four persons of a class superior to those who usually come out to this i)art ol the coast, ar.d who are in charge. Thoy intend sfarting lobster factories, as well as to commence business with the inhabitants of White Bay. It would not appear as if it was the intention of these people to give much work to Newfoundland, as they have brought out a large nun ber of men and boys, to be used evidently in the prosecution of the lobster fishery. I am, &c. (Signed) FRANCIS C. BERTEAU, Svb-Collector, Labrador, E.C., and Officer Inspectimj Customs. I No. 108. Governor Blake to Lord Knntsford. — {Received at the Foreign Office, July 28.) My Lord, Government House, Newfoundland, .July 6, ]SS8. WITH reference to your Lordship's despatch of the 1 3th June, the receipt of which I have the honour to acknowledge, the reasons for deferring the operation of the Ijaw for iibolition of cod-traps for two years was that the traps in use would be worn 105 out by that time, and the considerable annual cost of repairs being saved for the two years the owners would be recouped to a certain extent. 2. There is a very large amount of capital sunk in cod-trajjs round the islands, and the immediate suppression of these expensive engines, without compensation, would pro- duce much hardship. At the same time, the owners of cod-traps on the Treaty shores have been warned by this Government that they use them at their own risk, and may at any time find them removed by Briiish eruizers. I have, &c. (Signed) HENRY A. BI.AKE. '111, !'i i' I' 'I f I No. 109. The Marquis of Salisbury to M. Waddinyton. M. I'Ambassadeur, Foreign Office, Jidtj 28, 1888. ON the -Srd March last your Excellency did mc the honour to address to me a note dealing, amongst other matterii relating to the Newfoundland fisheries, with the question of the use of cod-traps, and with that of tlie marking of local fishing-boats. In the course of a conversation which I had the honour to hold with your Excellency upon these subjects on the 2,')i;h May following, I promised that your representations should be conveyed to the Colonial Office, and I expressed my conviction that they would do their utmost to uige more speedy action upon the Legislature of New- foundland. I explained, however, at the same tinie, that there was considerable doubt whether it would be according to usual practice for the Imperial Parliament to interfere by legislation in such matters, and that we were therefore dependent upon the co-operation of the Colonial authorities. I added that the latter would be warned of the risk they incurred by continued inaction of bringing about collision between the Newfoundland fishermen and the naval authorities of both countries. In the note of the loth instant, which I have now received from your Excellency, you press for a further answer upon these points, ns well as with regard to the special claim for damages on account of the use of cod-traps by certain British subjects, which was urged by youi' Excellency on behalf of M. Dupuis Robial on the 5th July, 1887, and again brought forward in your letter of the Srd March last. In the last-mentioned communication your Excellency contended that the word " interrupt " does not correctly represent the meaning of the French word " interrompre," used in the Declaration of 1783; that the latter must be taken in the sense o{ " troublcr," and that the use of cod-traps by British fishermen within the French fishery limits, and even outside of them, was, in effect, to " tronbler" the French fishermen in their pursuits, to render the French rights partly illusory, and, therefore, to constitute a violation of international engag3mcnts. Her Majesty's Government have not failed to give their best attention to the argu- ments adduced by your Excellency in favour of reopening this claim, but they regret to be unable to see anything in the views urged by your Excellency which would justify them in departing from the conclusions at which they have arrived in the matter, whether as regards the general question of the nature of an " interruption," or the particular claim before them. These conclusions I had the honour of explaining in some detail in my note to your Excellency of the 2d!th August, 1S&7. The right of British subjects to fish concurrently with French citizens has never been surrendered, though the British fishermen are prohibited by the second paragraph of the Declaration of Versailles from interrupting in any manner by their competition the fishery of the French during ihc temporary exercise of it whicli is granted to them, and, therefore, in the view of Her Majesty's Government, the " interruption " referred to in the Declaration can only mean a physical interruption caused by competition. With reference, however, to tlie general subject of cod-traps, I beg leave to inform your Excellency that, during the Session of the Newfoundland Legislature wliicli has recently closed, a Bill was passed for the total suppression of those engines on tiiat i>art of the coast of the island to which the Trench fisiiery rights extend, but the Colonial Logisiature, in view of the large amount of capital invested in cod-traps and the loss which their immediate suppression would inflict, declined to allow the prohibition to take effect until after the expiration of two years. Her Majesty's Government are awaiting further reports from the Colonial Government > f • t ■■:, 'I ;!!♦ i! ,» ■■■ n t V Upon the subject, but as the Session of the Colonial Legislature has now closed, it would not be practicable in an.v case to obtain an amending Act this year. In the meanwhile, the British naval authorities will take all the measures in their power to prevent any interruption to the operations of French fishermen by the use of cod- traps. Her Majesty's Government have also taken note of the suggestions made by your Excellency on the subject of the marking of fishing-vessels for purposes of identification. They are making every endeavour to secure the objects which both Governments have in view. I5ut I need hardly say, M. I'Ambassadeur, that the efforts of Her Majesty's Government are gravely impeded by the recent action of the French fishermen and of the French naval officers which forms at the present time the subject of a representation to your Government through Her Majesty's Ambassador at Paris. Her Majesty's Government are anxiously awaiting the assurance that instructions will be sent out, with the least possible delay, which Vrill remove all legitimate ground for the complaint on the part of the Government of Newfoundland that the French tishcrmen are abusing their fishery privileges, with the aid and support of their own authorities, by erecting lobster factories on the coast, in violation of the sovereign rights of the British Crown and of the express provisions of the Treaties. I have, &Ci (Signed) SALISBURY. No. 110. t: Captain Hamond to Vice-Admiral Lyons. — {Received at the Foreign Office, August 6.) at St. George's, June 26, 1888. forward correspondence that has Sir, "Emerald," W obedience to your telegram of yesterday, I taken place with reference to lobster factories. 2. As regards the Port Saunders factory I am unable to see that it has or does interfere with the French fishing or getting of bait. Capitaine de Vaisseau Humann, in his first letter to me (Inclosure 1), says of Keppel Island and Keppel Harbour, "being occupied in a permanent manner by our fishermen." I remained at Port Saunders for a week and visited all these places, which are quite adjacent. I found that the French had taken herrings for bait at the head of Keppel Harbour and kept them barred in alive for use when wanted ; that there were only two French guardians there under canvas looking after the nets, and that bait-boats came from Port-au-Choik occasionally to take back bait. I also noticed that a small hut bad been erected on Keppel Island, near where an old French room had formerly stood, but I faever saw any sign of life in it. 3. I saw no French boats fishing within 6 miles of Keppel Island or Port Saunders. They were always anchored on banks outside Capo Rithe. However, on receipt of Capitaine do A'^aisseau Humann's letter, I gave an order to Mr. Shearer, prohibiting the fishermen he employs from setting their lobster trawls on those parts of the coast mentioned in the said order (Inclosure 8), so as to avoid any possible cause of complaints. 1.. I would mention that at Port-au-Choix there are two French lobster induBtries which have been set up within the last two years, and their trawls are set all along the coast to Cape Riche, without apparently interfering with their own boats taking bait. 5. I have given Commander Campbell orders to do his best to see that the directions of my Memo, to Mr. Shearer are duly complied with. 6. The inference I draw from these complaints being made by the French fishermen is that they are irritated by the Bait Bill, and that they wish to get the lobster industry at Pott Saunders and its neighbourhood into their own hands. 7. There has also been correspondence between Capitaine de Vaisseau Humann and myself, with complaints on both sides between the French fishermen at Red Island and the lobster factory at Black Duck Brook, Port-au-Port, but it is not yet complete, and I understand your telegram to refer to the Port Saunders matter. In this case Capitaine de Vaisseau Humann verbally admitted to me that his people were in the wrong. I sent the " Lily " to investigate the matter, and am of the same opinion. I have, &c. (Signed) RIOHD. H. HAMOND. lar IncloHure 1 in No. 1 10. Captain Humann to Captain Hamond. M. le Commandant, Port Saunders, le 18 Jiiiii, 1888. LES emplacements de p^che de I'lle et du havre de Keppel ^tant occupes cette annee par nos pecheurs, d'une fagon permanente, ainsi que j'avais eu I'honncur do vous en informer Tan dernier, je suis dans I'obligation de renouveler pr^s de vous la deniande que je vous ai d6j& adressee en 1887, savoir: de prescrire au Sieur Shearer de fermer son usine. De nombreuses plaintes me sont dejik parvenues contie lui, et nos pecheurs d^chirent fWquemment leurs seines sur ses casiers ; sa presence h. moins d'un inille de nos etablisse- ments est une cause de gfine et de trouble constants pour nos pGcheurs, et malgr^ toutes les recommandations et les interdictions que vous avez bien voulu lui adresser, j'estime que la poursuite de ses operations de pSche est incompatible avec le plein exercice des droits qui nous sont concdd^s par les Traites. Veuillez, &c. (Signe) HUMANN. (Translation.) Sir, Port Saundeis, June 18, 1888. THE fishing stations of the island and harbour of Keppel having been permanently occupied by our fishermen this season, as I had the honour of informing you last year, I find myself compelled to renew the demand whicii I made to you in 1887, namely, to call upon Mr. Shearer to close his factory. Numberless complaints against him have already reached me, and the nets of our fishermen are constantly being torn by his traps ; his presence at less than a mile's distance from our establishments is a source of constant inconvenience and annoyance to our fishermen, and, notwithstanding all the advice and warnings which you have been good enough to address to him, I consider that the pursuit of his fishing operations is incompatible with the full exercise of the rights granted to us by the Treaties. Accept, &c. (Signed) HUMANN. Inclosure 2 in No. 1 10. Captain Hamond to Captain Humann. " Emerald," at Port Saunders, Netcfoundland, Sir, June 19, 1888. I HAVE the honour to acknowledge your letter of the 18th June, containing a request that I should cause Mr. Shearer to close his lobster factory at this place. On tiic merits of the case I do not feel justified in taking such a measure, especially as I under- stand the question of lobster factories established by both nations is under the consideration of our respective Governments; but I have given orders to Mr. Shearer not to permit the fishermen to set lobster trawls round the shores of Keppel Island and Keppel Harbour, and also other portions of the coast which I have already explained to you on the Chart. By these means, I think that any interruption to your fishermen's fishing or using seines for bait will be avoided. X hfl.V6 &C (Signed) * RICHD. H. HAMOND. Inclosure 3 in No. 110. Orders issued to Mr. Shearer. Memo. ' " Emerald," at Port Saunders, June 16, 1888. COMPLAINTS having been made by certain Frencli captains of fishing-vessels, through Captain Humann, Chief of the French Naval Division in Newfoundland, that lobster trawls set by your fishermen on certain portions of the coast interfere with their fishing operations, l deem it my duty to forbid you in future to set lobster trawls anywhere north of the first point of rocks at Two Hills Point, that is, between the last- named point and Gargamelle Cove. No lobster trawls are to be placed in Keppel ■• I ^ (^: •i :S . ■ ■! If . 1 168 Maibuur, tliat is, between Point Saunders and Keppel Point, neither are any to be put round the sliores of Keppel Ishind, or from Hawko l?oint to Mull Bay. 1 rely upon you to carefully fulfil these instructions so as to avoid any pretext for the French to make further complaints. This order will hold good during this season, and till an English man-of-war visits Port iSaunders next season, when circumstances may have altered. (Signed) RICHD. H. HAMOND, Captain and Senior Officer. Mr. Shearer, Lobster Factory, Port Saunders. No. 111. i The Marquis of Salisbury to Mr. Egerton. My Lord, Foreign Office, August 28, 1888. WITH reference to my despatch of the 7th ultimo, 1 transmit herewith copy of a letter, with its inclosures, which I have received from the Lords Commissioners of the Admiralty on the subject of the workini? of the English lobster factories at Port Saunders, and on the parts of the coast of Newfoundiand to which the French rights of fishinnf extend.* You will observe that in the French Commodore Humann's letter to Captain Hamond of the 18th June, wiiich forms one of the inclosures in the Admiralty letter, he states that the " emplacements de p6chc dc I'lle de Keppel sont occupes cctte annee par nos pOcheurs d'une fa^on permanentc;'' and I have to request you to call the attention of the French Government to this statement, and, at the same time, to press them for an early answer to Mr. Elliot's note of the 8th ultimo with respect to the alleged assumptio.i of territorial rights by the i'rench authorities in White Bay, copy of which was inclosed in his despatch of the 8th ultimo. I am, &c. (Signed) SALISBURY. No. 112. -pW 1 1 M. Waddingtoii to the Murquis of Salisbury. — (Received September 5.) M. le Marquis, Londres, le 2 Seplembre, 1888. CONFORMfiMENT au?; instructions de mon Gouvernement, j'ai I'honneur de porter a la connaissance de Votre Seigneurie des diiiicultes survenues a Tene-Neuve par suite de retablissement, par uii Sieur Shearer, originaire de la Nouvelle-ficosse, d'une homarderie ^ Ingarnachoix, French Shore. L'etablissement de cettc usine a en lieu en 1884. A cette epoque le Sieur Shearer, qui avait precedemment epuise par une peche h outrance les gisements de homard de Sainte-Barbe, vint se fixer dans la baie pr^cit^e, a I'anse de Port Saunders. Son Industrie a |)ris de I'extension, et il en est resulte pour nos nationaux un trouble grave dans I'exercice de la pSche. Les casiers k homards que le Sieur Shearer place en grand nombre sur des parties de la c6te dont les Traites nous rdservent I'exploitation, empSchent nos nationaux de d^border leurs seines qui sont aussit6t ddfonc^es s'ils essayent de s'en servir. Les appareils et les procedtSs employes par cet industriel font, de plus, fuir le capelan ; si bien que le maintien de son usine est devenu iiicompatible avec I'exercice de notre droit de pfiche. Ainsi que le Commandant de notre station navale avait eu le soin d'en avcrtir son collogue Britanniquc le 23 Ao(\t, 1837, les postes de pfiche de I'lle Keppel et de Port Saunders ont etd concede's cette annee a des goelettes Frangaises. Malgre I'avis prdalable donne par nos officiers, le Sieur Shearer a continue son Industrie dans les mfimes conditions qu'auparavant : aucune operation serieuse n'a ete possible, nos pficheurs ayant eu, comme precedemment, leurs seines defoncees par les casiers a homards. Des plaintes ont ^te adress^es par nos nationaux ies^s dans leurs intdrdts uux autorit(5s navales Fran^aises. Celles-ci des 1884, avaicnt fornuile des observations au sujct de I'dtablissement du Sieur Shearer, ct dies n'ont cesse de les renuuvelcr depuis, d'une maniere de plus en plus pressante, a mesure que la situation uilait s'aggravunt. Elle • No. no. . , ,, 160 est devcnue iiiijourd'liui telle qu'il est indispensable de la rogler et que des conflits sont k crnindie. Lc Commandant de la station navale Anglaisc n'a pu se refuser h rcconnaltrc qu'il y avait eu en eff'et gone et trouble apport^ dans la i)6cbc de nos nationaux, et il a propos6 de limiter (i certaines etendues de e6te les loealit^s on le Sieur Shearer pourrait se livrer h la pfiche. Mais cette offre ne saurait fitre eonsideriic comme aeceptable car, d'une part, Jl nioins de maintenirun bAtiment dans Port Saunders pendant toute la dur^-e de la campagne, ce qui n'est pas possible, de mauvais precedes (juotidiens s'dtabliraicnt eutre les pficheurs dcs deux nations, (Jtablii ^ moins d'un miile les uns des autrcs, et contraints de sc nifiler pour gagner les caux qui leur soiaient ainsi arbitraircment attributes. C'est justement ce rdsultat que la Declaration de Versailles avait pour but o'eviter. D'autre part, nous ne saurions c\ aucun degre reconnaitre qu'il appartient au chef de la station Anglaise de se porter lui-m6me juge de la gene eprouvee par nos pficiieurs. Ces observations ont 4t6 conimuniquees au Conuiiandant Hamond, et en lufime temps, conformement li ses instructions, le Commandant Humann a demande la fermeture de I'usine Shearer ; il n'a re9u d'autre reponse qu'une fin de non recevoir, le Chef de la station navale Britannique lui ayant fait connaitre que " les faits ne lui paraissaient pas de nature i\ justifier uno pareille nicsure." Les pourparlers engages sur les licux n'ayiint point permis de terminer I'afFaire, j'ai I'honneur d'eii saisir Votre Seigneurie. II ne me sera point necessaire, pour Lui (lemontrer la Ifuitiinite de notre reclamation, d'entrcr dans uiie argumentation detaillde. II me suftira de Lui ntppclcr combien les termes dc la De'claration de Vcrsniiies sont precis et forniels. Les sujets Anglais ne doivent " troubler en aiioune mani^rc par Icur concurrence la p^clic des Franoais," et, comme jc le signai.iis a Votre ijeigneurie par ma depeche du 3 Mars tieinier, aucune difficultc d'interjjr^tation on de traduction ne pent ctre suscitee; la Declnration dc 1783 a ele rc'digde en Francais seulcment, et la clart^ des termes qui y sont em|)loyees ne laisse rien k desircr. Dans I'exploitation qui nous est dcvolue, nous devons jouir de la liberie de mouvements la plus complete, et si un obstacle 6tait oppose a nos pecheurs il devrait ^trc leve d^s que nous en ferions la requisition ; seiils nous pouvons etre juges de I'obstacle ou dc la gt^ne apportds a nos operations paree que ce n'est qu'a cette condition que notre droit de iibre jouissance pent avoir le caraeteifi absolu que les Trait<5s lui donnent. Cela est si vrai (]ue d^ja dans plus d'une circonstancc analogue les autorites Anglaises ont reconnu ellcs-m^mes que tel etait bien notre droit, et que telles en etaient les consequences. Dans une reponse des jurisconsultes de la Couronnc i\ une demande de consultation qui leur avait 6t6 adressee par Lord Palmerston, on lit a la date du 17 Avril, 1837 : — " S'il existait reellcment, dnns les limites du district en (juestion, un espace vdritablement suffisant pour que les pechcurs dcs deux nations pusscnt y pecher sans 6tre en contact les uns avee les autres, en ce eas nous pensons (jiic ee pays ne serait pas astreint h cmpechcr ses sujets d'y pecher. II parait cei)ondant, d'apres le rapport de I'Amiral Sir P. Halkett, que le fait est dithcilement pratieablc, et nous pensons que, suivant la veritable portde du Traits et de la De'claration, les sujets Britanniques sont exclus d'y pfieher s'ils ne peuvent lc faire sans, apporter quelque gene h la pccherie Frangaise." Une lettre du Ministrc des Colonies de Sa Majest6 Britannicjue h Mr. Darling, Gouverneur de Terre-Neuvc, en date du IG Janvier, 1857, eontient des indications semblables. " II suffit de dire," y lit-on, " que la conclusion fixee par vous- m^me est rdellement celle li laquelle une investigation impartia'.e pourrait t\ peine manquer d'arriver ; que les termes ^tabhssant les droits dcs Fran9ais fussent logiquement Equivalents ou non au mot exclusif, ils I'etaient reellenient dans la praticjue. Puisque les pfcheurs Anglais ne pouvaient pas gencr les pechcurs Francais par leur concurrence, il ^tait de peu d'importance qu'ils eussent en theoiie un droit de concurrence que les Fran9ais etaient toujours autorises a faire cesser i\ leur gre." Je serai reconnaissant Ji Votre Seigneurie de vouloir bien examiner la question dont j'ai rhonneur de La saisir, le plus t6t possible, avee toute I'attcntion qu'elle comporte. La solution n'en saurait 6tre incertaine, et je ne puis douter que le Gouvernement de Sa Majesty ne reconnaisse I'interfit urgent qui s'attache h ce que ses officiers re9oivent sans delai les instructions necessaircs pour prevenir des ditficulte's dont la responsabilit ne saurait nous incomber, et pour prononcer la fermeture de I'usine du Sieur Shearer. Veuillez, &c. (Signd) WADDINGTON. (Translation.) My Lord, London, September 2, 1888. IN accordance with the instructions of my Government, I have the honour to bring to the knowledge of Your Lordship the difficulties that have arisen in Newf ound- [269] Z ;ij I ' .It ', ;^*H I -v I ■ ■ - . f if t| i It I ! ■ li 1^ 170 land in consoqucnce of the establishment by a Mr. Shearer, a native of Nova Scotia, of a lobster factory at Ingnrnachoix, on the " French Shore." The establishment of this factory dates from 188t. At that period Mr. Shearer, who had pi'cvionsly exhausted the lobster grounds of St. Barbe's by continuous fishing, established himself in the above-meiitioned bay, at Port Saunders Cove. He extend(Ml his operations, which had the effect of causing serious difficulties to our citizens in the exercise of their fishing. The lobstor-traps which Mr. Shearer places in large niunbors on portions of the coast the use of which is reserved for our use by the Treaties, prevent our citizens from casting their seines, which arc at once torn in the attempt to use thoni. The gear and the contrivances adopted by this person also drive away the capelin ; so much so, that the maintenance of his factory has become incompatible with the exercise of our fishery rights. As the Commander of our naval station had taken care to warn his British colleague on the 23rd August, 1887, the fishing stations at Keppel Island and at Port Saunders bad that year been granted to French schooners. Notwithstanding tlu; necessary notice given by our oHiecrs, ]\fr. Sliearor continued his operations under the same conditions as before ; no serious business was thevvforo possible, the seines of our fishermen being, as on former occasions, torn by the lobster-traps. Complaints were addressed by our citizens, whose interests suffered, to the French naval authorities. The latter since 1881 had made representations in regard to Mr. Shearer's establishment, and have not failed to renew them since in a more and more pressing manner, as the gravity of the state of affairs increased. It has become 80 critical at the present moment that it is absolutely necessary to regulate it, as conflicts are to be feared. Tlie Commander of the British naval station could not but admit that the fishing operations of our citizens had indeed been inconv(!nionced and interfered vitli, and ho proposed to limit to certain parts of the coast the places in Avhich Mr. Shearer could pui-sue his fisliing operations. But tliis otter could not be looked upon as acceptable, considering tliat, on tlie one hand, unless a vessel were stationed at Port Saunders dui'ing the wliole length of the season, which is not possible, daily collisions would take place befween tlie fishermen of both nations, placed, as they are, at a distance of less than a mile from each other, and forcents de |)Uclio dc I'ilc ct du Havre de Keppel ^taieut occupds cutte unn^e par nos pi^cliours d'unc fa9on pcrmanente." Je n'avais pas inanciue dc saisir le Ministrc dc la Marine dc Tiucident soulevd par les w .: ■'f ^^ , If! ■! ( -' !i 176 Dritnnniquc ct il n M nitiHi ainoni') A fiiiro n-miirqiicr au Cii|iituiiic llitiiioiul qiiu notro occupntion nctiicllu I'tnit pcriiiniRnU', en co hciiii qu't'llc iic ccitscrait piiH iivaiit la tin dc lu saiBon. Telle est I'cxnctc port(?t' de ri'XpriNgion (inploydi* juir M. Humiiim, it I'oUicifr AnglaJH h qui il s'adrcsHnit a iiiic trop loti«iie fxporii'iict' dos aHaiici di' 'IVric-Niuive pour que Ic Coninmndaiit du nutic station iiavalu ait pu pciiHci' un nioineiit (pril !iu iiu'prcitdrait 8ur la signiticatioit dc ee pansage de sa coiiuiiunication. Ces cxplicatiohH suffiroiit, jc Tespeie, ponr coiivaiiicre Ic (Jouvcnicmeiit de la Heine que nouH n'avons d'ctnblisseiiieiitH permaneiits danu le shells oh Its Triiiti's rciittiideiit ct riiitfi'diHcrit, III h I'ort-au-Choix ni h la Maic Hlanclu", et cjuc laseule indactioii i» ces nicincs Trnites rriiif!: to n note dated the Sth July last addressed to nie by tli(! Urlti?li Charge d'AIVaiics respect in 'r the Concession to a French Company for a period of tive years of a lol)ster factory in AVhite May in Newfoundland, Mr. Eulorton on the 4tli Hcptembcr called my attcnticm to the development and permanent character ])resentcd, according; to information in the possession of the Mritisli (lovernmcnt, by the buildings of this undertaking, and to th(^ consequent necessity of arresting the enterprise of our citizens. The Jkitish Minister pointed out at the same time, as contrary to the rights of sovereignty inherent in the Jh-itisl' Crown over the Island of Newfoundland, a passage in a letter addressed on the IHth .Fune by Commander llumanu to Captain Ilamond relative' to the lob'-ler factory established by Mr, Shearer at I'ort ISaunders, the operations of which constitute a disturliancc to the exercise of our right of fishing. The passage lan as i'ollnws: "The lisliin;;' stations of tl;(! island and harbour of Kep])el were permanently occupied by (air iishermen Ibis season." 1 did not fail to acquaint the Minister of ^larine of the incident raised by the establishments formed by our compatriots at Wliite J$ay. The eommunieations which had to pass between Admiral Kiantz and the Coininaiuler-in-chief of our naval station in order to I ut the former in a position to aecniatelv judge tlu; conditions on which this undertaking had been entered ujion and was heiuL,' worked, have taken some time, and have made it impossible for me to furnish s( oner full exi)lanatioiis to Her Majesty's Government on the matter which they have brought befon; us. The outcome of the detailed reports transmittid by the Minister of ^Marine to my Department is, that we have not granted privileges to any Company for lishing stations in iVhite Bay in terms dill'ering from those in which the Tnaties n serve our lishing rights. This is, in any case, purely a matter of conti'nct, and one which your Kxeel- leiiey will acknowledge to be exclusively the concern of the I'reneh Government and the owner of the concession, ]\r. Tliiil)e I/)in'inaii(l. 'J'he British Government could only found claims if in point of fact the industry of our citizens was carried on under conditions contrary to the 'J'reaties. But it is jjioved by the inquiries of our ofTicers that the establishments of ^I. Thiibi; J.oiirniand on the South Arm and on Hauling Arm on the east coast of Ji'ewfoundland cannot be considered to depart from the character of temporary constructions laid down by the Tn>at'es. Tlu; inclosed photograph M'hich represciits the drying seall'old erected by this ship-owner will enable the JJritish Government to aj)preciate this. I may also aJd that the eiiaracter of tlies;: establish- ments has been understood in the same manner by the ollicers of the two sejuadrons, and the Commander of the British cruizer " Forward," as your ].or(lshi|) will perceive from the inclosed copy of an order emanating from that onieer, did not hesitate to notify ]\[r. Murphy, the owner of a lobster factory established on the east coast of White Bay, that lu; must refrain from an enterprise which iin[;edeil the exercise of fishery rights granted to Frcncbmcii. It is difliciilt to understand after this the favourable reception with which the claim of this British subject has met at St. John's, and even in London. In regard to the second part of Mr. Egertnn's above cited communication, and to the terms in which Commander Ilumann thought it his duty to couch his request to Captain Ilamond for the eviction of Mr. Shearer, your Excellency will allow me to recall the circumstances in wbieh this correspondence took place. During the season of 1887 some French fishermen experienced iu Keppei Harbour certain ditliculties in pursuing tbeir industry on account of the traps of Mr. Shearer, who, at that period but m in n much smnllor way, carried on a lobator flthcry at Port Baundon. In any case, t'otmnandur Ilumnnn, nniiniitcd l>y tho conoiliatury iinii'it frum whiuli ho haw never iwrrvcd, and a kc«res8ion used by M. llumann, and tlic nritlNh nillcer to whom it was addrnsscd has too long an experience of Newfoundland nllairs (or tlie Commander of our naval station to be likely to imagine for a moment that he would misundor.stand this passage of his communication. These explanations will sutlice, I hope, to convince Her Majesty's Government that we have no permanent establishments, in the sense intended and prohibited by tho Treaties, either at I'ort-au-Choix or at White Hay, and that tho solo infraction of these game Treaties which has to be mentioned consists, in reality, in tho disturbance caused by Mr. Shearer's operations to those of our iishermeu. I have, &c. (Signed) llENfi G03JLET. I , * ; i f Ml V. Indosure 2 in No. 115. Order issued by Commander Bearcrofl. PAR ordre de John E. fiearcroft, ESsq., Lieutenant et Commandant dc la canonni^re "Forward" de Sa Majesty Britannique, k John Murphy. Attendu que les droits de p£che concedes aux sujets Frangais seraient interrompus et entravds par la peche des homnrds et le travail des factoreries sur la c6le est dc la Daie Blanche, je vous notitie que la peche dea homards et le travail des factoreries qui sont sous votrc direction doivent dtre cessds. Fait par mes ordres h bord du canonni^re " Forward " de Sa Majestd Britannique au bras du Hauling de la Bale Blanche. (Sign6) JOHN E. BEARCROFT. Le29 Jutn, 1888. (Translation.) ORDER issued by Commander Bcarcroft to Mr. J. Murphy. Whereas the right of fishing enjoyed by Ereneh subjects would bo interrupted and interfered with by tho fishing for lobsters and working of factories on the east side of White Bay, I hereby give you notice that fishing for lobsters, and tho working'of the factory under your management is to bo discontinued. Given under my hand, on board Her Majesty's ship " Forward," at Hauling Arm, White Bay, this 29th day of June, 1888. (Signed) JOHN E. BEARCROFT. ill 1 '1 ill hat period but No. 116. Colonial Office to Foreign Office. -^{Received November 5.) (Extract.) Downing Street, November 3, 1888. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, copies of the accompanying Acts passed in the last Session of the Legislature of Newfoundland. Chapter VHI, providing for the abolition of cod-traps, has already formed the subject of correspondence with the Foreign Otfice. [269] 2 A I ::*■ i fj I Enacting clause. Close time fortrout,&c., and penalty. Penaltiet, how recoTer- able. Enacting clause. Unlawful to use cod-traps after two years. Penalty. Cod-trap5 used in con- travention of this Act may be seixed. How penalty distributed. Th(B reiipns fpr thfi fiTOPpdinent pf t)ie ^^|^ Act pf la:}!. >'ear by ChftjHei I^ were oommunio«t«d to ypti in th^ leiteir fron) ihU Doiiaf Muept pf the 7th Af ay Ift^t. tpfd Kputsford proposes, with I^ord Saliubury's concurrence, to advjse FJcr Majei^ty not to diMlIow MPy 01 these Acts. Jnclosure 1 in No. 116. Anno Qvinquaosoivo Pbimo Ytcto^i.*: Eboinj:. Ca». VII.-«-4rf .<4c< ^0 flin«ri(^ 7\'"- • ! w li;; 180 Schedule. Form of Affidavit mentioned in the Fifth Section. Newfoundland, to wit, Scliodule. I, A. B., of , make oatli and say I am the owner (master, or as the case may be) of the boat or schooner ; that I am (or that the said is) desirous of obtaining a licence to haul, or catch, or purchase, (as the case may be) bait, to be conveyed (or used) on board the said vessel to (state the place to which it is proposed to convey or export bait or) to be used on board the said vessel at the fishery to be carried on at (place where the fishery is to be prosecuted), and that I desire such licence to avail and be in force for said (voyage or purpose) for a period of Sworn before me, at , this (Signed) , A.D. 18 Enacting clauae. No lobster of less than 10^ inches shall be taken. Close time between Slst August and 1st January. Penalty, how recoverable. Act to aoroe into opera- tion in 1889. Bepealing clause. day of A. B. C. D., Stipendiary Magistrate. or, E. F., Sub-Collector of Custovm (or as the case may be). Inclosure 4 in No. 116. Anno Quinquagesimo Primo ViCTORiiE Regin^. Cap. X. — An Act to amend an Act passed in the Forty-first Year of the Reign of Her present Majesty, entitled "An Act respecting the Fishery of Lobsters." [Passed Qth May, 1888.] Section 1, No lobster of less than 10^ inches sball W' taken, 2. Close time between Slst August and 1st January. 3. Penalty, how recoverable. 4. Act to come into operation in 1889. 5. Repealing clause. BE it enacted by the Governor, the Legislative Council, and House of Assemblj', in Legislative Session convened, as follows : — 1. No person shall catch, kill, spear, take, buy, sell, or have in possession any lobster of less than 10^ inches in length, under a penalty of not exceeding 100 dollars for each offence, a moiety of such penalty to be paid to any person who shall prosecute the offender to conviction, and the other moiely to the Receiver-General, for the use of the Colony, and in default of payment, imprisonment for any term not exceeding ninety days. 2. No lobster shall be taken before the 1st day of February or afler the Slst day of August, in any year, under a penalty of not exceeding 100 dollars lor eacli offence, n moiety of such penalty to be paid to any ])erson who shall prosecute the oflfender to conviction, and the other moiety to the Receiver-General for the use of the Colony, and in default of payment, imprisonment for any term not exceeding ninety days. 3. The penalties imposed by this Act shall be recovered in a summary manner, on conviction, before any Justice, on complaint or information of any Peace Officer or other person. 4. This Act shall not come into operation until the Ist day of January, 1889. 5. The Act 41 Vict., cap. 16, is hereby repealed. No. 117. The Marquis of Salisbury to M. Waddington. M. I'Ambassadeur, Foreign Office, November 5, 1888. WITH reference to my letter of the 28th July last, in which I informed your Excellency that measures were being taken by Her Majesty's Government to insure he Reign of Her of Assembly, in 181 the marking of British fishing-Tessels on that part of the coast of Newfoundland to which French rights of fishing extend, I have the honour to state that orders have been issued by the Government of Newfoundland to the Colonial Customs authorities to see that local fishing-vessels are properly marked in accordance Mith the requirements of the Merchant Shipping Act which are in force in that Colony. Ships, however, not exceeding 15 tons burden, Avhich have a whole or fixed deck, and ships not exceeding 30 tons burden, which have not a whole or fixed deck, are excepted from the provisions of that Act. I trust, M. I'Ambassadeur, that sufiicient steps have now been taken to meet the wishes of the French Government with a view to facilitate the identification of local fishing-vessels; but the Governor of Newfoundland has been further directed to impress upon his Ministers the necessity of insisting upon the strictest observance of the law in the case of all vessels to which it applies, and to recommend that the vessels of the smaller class should be marked by numbers and capital letters, the latter to denote the ports to which they belong. I have, &c. (Signed) SALISBURY. No. 118. The Marquis of Salisbury to M. Waddington. M. I'Ambassadeur, Foreign Office, November 23, 1888. I HAVE carefully considered, in conjunction with Her Majesty's Secretary of State for the Colonies, your Excellency's note of the 2nd September on the subject of the lobster fishery carried on by Mr, Shearer at Port Saunders, on the west coast of Newfound- land. 1 have the honour to inform your Excellency that Her Majesty's Government have received Reports from the British naval officers on the Newfoundland Station on this subject, which show that proper and sufficient steps were taken by Captain Hamond to satisfy the obligation imposed by the engagements between this country anl France to prevent Mr. Shearer from interfering in any way with the reasonable enjoyment by French citizens of their rights of fishery. Her Majesty's Government are unable to assent to the claim advanced by your Excel- lency that the French Government must be the sole judge as to what constitutes such interference within the terms of the Hritish Declaration of 1783. That is a question on which both Governments have an equal right to form an opinion, and as to which Her Majesty's Government have always endeavoured to meet the views of the French Government as far as was possible consistently with the just claims of the Colony. As regards the difficulties which have arisen out of the establishment of lobster factories on that part of the coast of Newfoundland to which the French fishery rights extend, they have been much increased, as your Excellency is no doubt aware, by the action of French citizens who have not discontinued the factories established by them, contrary to Treaty, notwithstanding the assurances contained in your Excellency's note of the 25th August, 1886. The matter, moreover, has been complicated by the proceedings at White Bay, to which the attention of the French Government was called by Her Majesty's Embassy at Paris on the 8th July and the 4th September last. Her Majesty's Government are desirous of meeting the complaints of the French Government in the most conciliatory manner ; but they are placed in a position of much embarrassment in their communication with the Newfoundland authorities by the continued neglect on the part of France to give any effect to their repeated remonstrances against the erection by French citizens of lobster factories on shore, in violation of (he express provisions of the Treaty and of the sovereign rights of the British Crosvn. I have, &c. (Signed) SALISBURY. im i ^ ii iii^ •iU.t' r -i i it-- i I I! Ij i : 162 No. 119. M, Waddington to the Marquis of Salisbury. — (Received December 10.) M. le Marquis, Londres, le 7 D/cembre, 1888. JE n'avais pas manque ('e communiquer h mon GoUverttement la note que Votre Seigneurie m'a fait I'honneur de m'adresser le 28 Juillet dernier, au sujet des diff(^rentes questions pendantes a Terre-Neuve, et en particulier h la rfclanmtion formulee par deUx Fran^ais, MV. Dupuis-Robial et Besnier. M. le Ministie dcs Affaires Ktrangferes, aprfes en avoir conf^re avec M. le Ministre de /a Marine et des Colonies, me charge de faire aupr^S de votre Seigneurie une noUvelle demande en faveur de MM. Dupuis-Robial et Besnier dont la demande d'indemnit(5 ne saurait c'tre repousado par le Gouvernement de la Reine, sans porter un veritable prejudice h nos compatriotes et sans mettre en cause dans une certaide mesure les prlncipes m^mes sur lesquels repose Texercice de nos droits gdndraux h Terre-Neuve. Les considerations qui sont exposees plus loin pcrmettront sans aucun doute h votre Seigneurie de reconnaltre le bien fonde de la revendication de ces deux Fran9ais et la gravite de la question de principe qu'elle soul^ve. Dans la note pr^cit(5e, Votre Seigneurie, envisageant les motifs qui ddterminent le Gouvernemeut de Sa Majeste la Reine h rejeter la demande en indemnite de MM. Dupuis- Robial et Besnier, s'exprime en ces termes : — " Le droit des sujets Britanniques de pfecher concurremment avec les citoyens Frangais n'a jamais fait I'objct d'unc renoneiation, bien que les peciieurs Anglais soient empdches par le second paragraphe de la Declaration de Versailles d'interrompre en aucune mani^re par leur concurrence les operations de peche des Frangais pendatlt I'exercice temporaire du droit de poche qui leUr est accordee, et par suite, dans les vues du Gouverne- ment de Sa Majestd, I'interruption k laquelle il est fkit allusion dans la Declaration, ne pent s'entendre que d'une interruption materielle resultant de la concurrence." Le Gouvernement de Sa Majestd la Reine, en affirmant pour la premi6ie fois le droit essentiel que les p^cheurs Anglais auraient toujours eu de pficher i cAte de no9 nationaux, et auquel ils n'auraient jamais renonce ("surrendered"), retnct en discussion la question de la p^che corlcurrente, et semble s'appuyer pour 6mettre cette doctrine sur le silence m^me du texte de I'Article XIIT du Traite d'Utrccht, en lui donnant une interpretation que mon Gouvernement ne pent accepter. On s'est demande, dans diverses circonstances, pourquoi le Traitd d'Utrecht n'avait pas stipule d'une maniere precise que les pficheurs Anglais n'etaient pas admis h concourir avec les Frangais sur la c6te r^serv^e et que ceux-ci y jouissaient d'un droit exclusif. On serait plut6t en droit de se demander : — 1. Dans quel paragraphe de I'Article XIII, le mot "exclusif " aurait pu trouver place ? 2. Comment il aurait pu venir h la pens^e des ndgociateurs soil Anglais, soit Frangais, que I'emploi en 6tait necessaire ou nifime utile ? Quant au premier point, il suffit de jeter les yeux sur I'Article pour voir que les negoeiateurs etaient surtout preoccupes de ce que la France cddait ; et secondairement, de ce qu'elle rdservait. Le but principal de I'Article XIII est de preciser le fait de la cession du territoire de Terre-Neuve, d'en garantir la perpetuite, d'en assurer le mieux possible la solidite. Subsidiairement, les Anglais se font donner une certaine pattie de la c6te pour y etablir des pecheries qui soient k eux. lis ne pretendent pas daVantage. Quant h la c6te reservee, par cela seul que I'Article XIII ne s'occupe nullemetit d'y constituer le droit de pfiche, il est de toute Evidence qil'il reste etabli tel qu'd s'exer^ilit avant le Trait(5, c'est-a-dire sous le regime du droit exclusif, sans quoi les negoeiateurs auraient dit ajouter aux innovations du Traite une clause ainsi con9ue : " Les Anglais feroiit la p^che concurremment avec lus Frangais sur les points qui seront reserves k ces derniers, ou en d'auties termes, les Frangais n'auront pas un droit exclusif k I'exploitation de leur c6te reserv(!'e." Si Ton se reporte en effet au goflt systdmatique des hommes d'etat d'alors pour n'adniettre autant que possible que des avantages exclusifs, on se convainc que du moment oil le mot " partage " no figure pas dans le Traite, c'est que les Anglais n'y pretendaient nullement. lis n'avaient, d'ailleurs, aucun inter6l a y pretendre. Les habitants de Terre-Neuve, en effet, ne possedant que quehjues rares etablissements sur la c6te, il n'y avait pas de motif pour reclamer ^leur profit un droit de concurrence, et la situation etait sufflsamment et clairement definie, lorsque le Traite laissait subsislcr pleineinent quant a la p6che, I'etat de choses antedeur k 1713, c'est-^-dire I'etut en vigueur alors que les Franfais exer^aient 183 la ip^vfiftfinpii) territoriale. La France conservait le droit exclusif de pSche puisqu'elle I'avait toujours eu. L'Artide XIII du Trait6 d'Utrecht ne dit pas que les Anglais ne pourront pas s'^tablir s«r lo " French Shore," et cependant les hommes d'fitat de la Grandc-Bretagno n'ont pas conteste un instant notre droit d'exiger I'expulsion de leurs nationaux. Comment expliquer alors qu'en I'absence d'une clause expresse consacrant ccttc inter- diction, les Anglais, propridtaires incontestds du sol, se soient crus tenus d'obliger leurs nation«ux h n'e'lever aucunc construction sur notre c6te reservc-e. S'ils avaient eu, au contraire, la faculty de pficher concurremment avec les p^cheurs Fran^ais, rien ne pouvait les empficher de vjvre h c6te d'eux. Mais ce contact, les deux Gouvcrnements ont con- stamment voulu le rendre impossible afin d'dviter tout pr^texte de contestations et de querelles entre leurs sujets. Les n^gociateurs Arglais se preoccupant avec raison du seal point interessant la question et qui n'^tait autre en definitive que I'expulsion de leurs sujets indftment dtablis au nord de Bonavjsta, firent appel aux sentiments de moddration de la Cour de Versailles, et sans obtenir rien qui ressembl^t k un droit concurrent, obtinrent que la France renon- cerait k la partie des cfites envahies et accepterait en dddoramagement une dtendue dquivalente de territoire riverain a exploiter, absolument au mfime titre ot depassant les limites que le Traits d'Utrecht leur avait jadis assignees. Ainsi cet ^change n'a pas d'autre raisou d'fitre que d'^viter les querelles ; on ecarte la possibilite du contact, on se refuse des deux parts h la pechc concurrente. Et comme si Nchange territorial consenti par I'Article V du Traite ne suffisait pas h mettrelebut poursuivi par les ndgociateurs en parfaite lumi^re, une Declaration est ajoutde au texte du Traits par I'Angleterre, qui s'engage a ce que " Sa Majeste Britannique pireridra les mesures les plus positives pour pr^venir que ses sujets ne troublent en ancune insRiSre par leur concurrence la pfiche des FranQais pendant I'exercice ternporaire qui leur est accorde sur les c6tes de I'lle de Terre-Neuve, et elle fera retirer h. cet cffet les ^tablisse- ments s^dentaires qui y seront formes." Le jnoindre dqute ne pouvait plus exister sur la portde du droit des prehears Krant/ais, et en presence de I'interpretation donnde h I'Article XIII du Traits d'Utrecht, le Cabinet de Versailles se d^clara satisfait. Le Traits de 1802 ne modifie en rien les Conventions arretees entre les deux Gouvcrnements, car les prdliminaircs du 9 Venddmiaire, an X, ayant annonce que le? droits de la France seraient reconnus tels qu'ils dtaient avant la sruerre, '• tout on se rdservant de prendre par le Traite D^finitif les arrangements qui puraitraient justes ct. r^ciproquement utiles pour mettre la peche des deux nations dans I'etat le plug propre a maintenir la paix," il avait paru utile au Cabinet de Paris d'etablir notre droit exclusif de pecbe en modifiant I'Article XIII du Traite d'Utrecht. Le Ministre Fox avoua qu'il ne reconnaissait pas I'opportunite d'en recourir h cet amendement, et qu'il suffis;\it de reveiiir purement et simplement au texte de 1783, qui confirmait dans toute leur force les droits d'Utrecht, le Gouvernement Britannique n'ayant jamais mis en doute le droit d'exclusivite de pftche en notre faveur. II ne semble pas qu'aucun doute eAt etd jamais elevd sur la mani^re de eomprendre une question aussi uettement pos^e que resolue jusqu'au jour ou le Gouvernenieiit Fran9ais r^clama centre les empi^tements des sujets Anglais, et une nouvelle doctrine; i'nt einiso par la Legislature de Terre-Neuve sur la nature de nos droits de pfichc. Des plaintes furent adressees k Londres en 1831 par M. le Prince de Talleyrand, et en 1836 par le Comte Sebastiani. Ce ne fflt que le 10 Juillet, 1838, que Lord Palmerstoij r^pondit aux observations de ces deux Ambassadeurs. La question de droit avait eti soumise pendant ce temps k Tappreciation des hommes de loi de la Couronne, qui rdpondirent le 30 Mai, 1835: — " Nous sommes d'avis que les sujets de la France ont le droit exclusif de pficher sur la partie de la c6te de Terre-Neuve specifiee dans I'Article V du Traite Definitif signe a Versailles le 3 Septembre, 1783." Cette declaration ^tait concluante, mais les Ministres de la Couronne se refuserent d'y adherer, et sur une nouvelle demande d'interpretation les jurisconsultes ofliciels ecrivirent le 13 Avril, 1837 :— "Pans notre Rapport du 30 Mai, 1835, nous pouvons Stre all^s plus loin que la nature du cas ne I'exigeait (* than the circumstances of the case fairly warrant'). " Conformement au Traite do 1783, k la Declaration annexde aux Traites subsdquents, et k I'Acte du Parlement, nous pensons que la Grande-Bretagne s'cst cngagee i\ permettre aux sujets de la France de prober, pendant la saison, dans le district inclique, sans avoir k subir 4U0QRB interruption de la part des sujets Anglais. " S'il existait reellement assez de place dans les limites du district en question pour ^il til •y ' '. r ■ ft . . ■■ " ' rlJ- '■ \ I ■' fl ' f II m ft •if i '- 1 I i Hi Mi i It • \ 184 (]ue les p^chuurs cks deux nations pussent pScher sails (pie dcs collisions dussent en resulter, nous ne pcnsons pas que ce pays serait astrcint h cinp{;cher ses sujets d*y p6chcr. Quoi i|u'il en soit, il scnible re'sultcr du Rapport de I'Amiral Sir H. P. Hailtett que le fait est diflicilemcnt prnlicnblo et nous pensons que confornieiiient k la veritable nature des Truit^s ct de la Declaration, Ics sujets Britanniques sont exclus de pecher, s'ils causcnt quclquc cmbarras i^ lu pcclic Fran9aise." Ainsi, tout en faisaiit Ics reserves ndcessaires sur le point dc vue auquel le Gouverne* ment de Sa Majcste avait voulu se placer pour juger I'origine et la nature de notre droit dc p£chc, le second Rapport des Conseillers de la Couronnc n'infirme pas le premier ; il rcconnait que nous avons Ic droit de p6chc tel que personne ne peut Ic partager avec nous du moment que nous pourrions etre gfin^s et que la pfiche commune ne peut y dtre exercee. Aussi, Lord Palmerston, dans sa i-eponse du 10 Juillet, 1838, avoue-t-il que " jusqu'alors le privilege acquis aux pSeheurs Franyais a ^t^ considdrd en pratique commn U1I droit cxclusif, attcndu qu'il serait difficilcment possible que les pficheurs Anglais pussent faiie seciicr leur poisson sur les mdmes c6tes que les feclieurs Fran9ais sans gSner (' interfering') leurs ctablisscnients temporaires et sans interrompre leurs operations." Vingt ans plus tard, en 1857, la doctrine du Gouvernement Britannique ne s'^tait pas niodific'e : il reconnaissuit formellement en pratique notre droit cxclusif et I'ilK'galitd de toute concurrence. Les lignes suivantes, extraites d'une lettre officielle adressee par le Ministrc des Colonies, Mr. Labouch^re a Mr. Darling, Gouverneur de Tcrrc-Neuve, le 16 Janvier, 1857, en donncnt une preuve : — " Il suffit de dire que la conclusion tirec par vous-mSme est r^ellement celle k laquelle une investigation impartiale pourrait k peine manquer d'arriver, que les termes e'tablissaiit les droits des Fran^uis fussent logiqueinent Equivalents ou non au mot 'cxclusif,' ils lY-taient reellement dans la pratique. Puisque les pecheurs Anglais ne pouvaient pas gfiner les pecheurs Fran^ais par leur concurrence, il etait de peu d'impor- tance qu'ils eussent en tliEorie un droit de concurrence que les Fran9ais dtaient toujoiirs autorises h faire cesser a leur gr^.'' Ces instructions, rMgdes apr^s la conclusion de la Convention du 16 Janvier, 1857, signe'e k Londres par M. dc Persigny et Lord Clarendon, avaient pour but d'appliquer sur I'heure I'Article I", formuld en ces termes : — " Les sujets Frangais auront le droit exclusif de p6cher et de se servir du rivage pour les besoins de leur pSche." Ce n'Etait autre chose que la reconnaissance formelle des droits anciens sur les territoires occup^s par la p^che Fran^aise. Les nopardy, to a certain extent, the very princijdes on which the enjoyment of our general rights in Newfoundland depends. The considerations put forward below will, without doubt, enable your Lordship to understand the good foundation for the claim of these two Frenchmen and the gravity of the question of principle which is involved in it. In the above-cited not« Your Lordship, in stating the reasons which induce Her Majesty's Government to reject the claim of Messrs. Dupuis-llobial and Besnier for an indemnity, makes use of these expressions : — "The right of British subjects to fish concurrently with French citizens has never been surrendered, though the British fishermen are prohibited by the second paragraph of the Declaration of Versailles from interrupting in any manner by their competition the fishery of the French during the temporary exercise of it which is granted to them, and, therefore, in the view of Her Majesty's Government, the 'interruption* referred to in tlio Declaration can only mean a physical interruption caused by competition." Her Majesty's (iovermnent, in asserting for the first time tlic absolute right of British fi.shermen to fish coneurrontly with our citizens, a right which they say has never been surrendered, bring into discussion the question of concuin-cnt fishing, and seem, in supjjort of this contention, to rely upon the silence of the text of Article XIII of the Treaty of Utrecht, while giving it a nieaning which my Government cannot accept. The question has bcfui asked under various circumstances, why the Treaty of Utrecht did not stipulate in a precise manner that British fishermen were not permitted to compete with Frenchmen on the reserved coast, and that the latter enjoyed on that coast an exclusive right. The question more properly to be asked would bo : — 1. In what paragraph of Article XIII could the word "exclusive" find a place ? 2. How could the thought enter the minds of the negotiators, Avhether English or French, that the use of this word was necessary or even useful ? As to the first question, the Article needs only to be perused in order to see that the negotiators -were primarily concerned with what Fi-ance ceded, and secondarily with what she reserved. The principal aim of Article ^III is to clearly bring out the fact of the cession of territory in Newfoundland, to guarantee its permanence, and to establish it on as solid a basis as possible. Subsidiary to this, the English obtain the grant of a certain part of the coast in order to establish on it fisheries of their own. They lay claim to no mor(^ than this. As to the reserved coast, it is evident from the fact alone that Article XIII does not in any way attempt to constitute a right of fishing on it, that the right of fishing remains such as it was in practice before the Treaty, that is to say, an exclusive right, otherwise the negotiators must have added to the innovations introduced by the Treaty a clause in this sense : " The English will fish concurrently Avith the Freuch on the parts reserved for the latter, or, in other words, the Frencli will not have an exclusive right of fishing on the coast reserved for thcnu." Bearing in mind the systematic preference of the statesmen of that time for granting, if possible, only exclusive privileges, it will be obvious that as the Avord " partage" (share) does not occur in the Treaty, it must have been because the English made no suidi claim. They had indeed nothing to gain by making such a claim. As the inhabitants of Newfoundland, as a matter of fact, only possessed spai'sc settlements on the coast, there was no motive for claiming on their behalf a eonciu'rent I'ight, and the situation was defined clearly enough by the Treaty allowing, as far as fishing was concerned, the continuance of the state of things prior to 1713, i.e., the state of things in force at the time when the French exercised territorial sovereignty. France retained the exclusive right of fishing because she had always had it. [269] 2 B ] :Si '! : if I'U ir !5 if'" 1 t; :i- : \ IM 1:1 Article XIII of the Treaty of Utrecht rtops not say that the English are not to estahlish thomselvos on the "French Shore," ami yet British statesmen have never for a moment questioned our riafht to exact the eximlsion of their countrymen. How, then, is the fact to be accounts for, that m the iibsencc of an expi'ess clause sanctioning this prohibition, the English, indubitable proitrietois of liio soil, considered themselves bound to forbid tlieir countrymen to raise* any building on the coast reserved for us ? If, on the contrary, they had had the right of llshing concurrently with the French fishermen, there was nothing to jji-event tliem from living side by side vith them. But tlie two Goveiiimonts have always desired to rcmder such contact impossible, so as to avoid all possibility of collisions or disputes between their i-espective subjects. The British negotiators i)ping with reason chiefly concerned with the one important point in the matter, which was nothing nioi-e nor less than the expulsion of thoir subjects illegally established to tlu? north of Bonaviata, appealed to the moderation of the Court of Versailles, and tliongli they obtained notliing resembling a ooncurnrnt right, they did obtain the abaiulonraent by Frances of part of the coast wliich had Ihm'u encroached on, and her acceptance in exchange of an equivalent stretch of coast territory on exactly the same tcjrms and exceeding the limits which the Treaty of Utrecht had formerly laid down. This exchajige thus arose simply from a desire to avoid disputes; possibility of contact was put out of the question, and each party refused to grant the other a concurrent right of fishing. Moreover, as if the territorial exehangf agi-eed upon by Article V of the Treaty did not suffice to put the object aimed at by the negotiators in a clear enough light, a Declaration by England is added to the text of the Treaty, engaging that "■ His Britannic Majesty will take the most ])ositive measures for ])veventing his subjects from interi'upting In any manner by their competition the fishery of the French during the temporary exercise of it which is granted to thcni upon the coasts of the Island of Newfoundland ; and ho will, for this purpose, cause the fixed Settlements which shall be formed there to lie removed." No further doubt could exist as to the meaning of the right of French fishermen, and, in view of the interpretation given to Article: XIII. of the Treaty of Utrecht, the Versailles Cabinet declared itself satistied. The Treaty of 1802 does not in any way modify tiie Conventions made by the two Governments, for the preliminaries of tlie 9th A'endemiuire, year X, having enunciated that the rights of France would be recognized such as they wore before the war, " whilst reserving the right to make, I)y tin; Definitive Treaty, the arrangements which should appear just and reciprocally useful for- placing the fishery of the two nations on the best footing for preserving peace," it seemed good to the Paris Cabinet to establish our exclusive right of flshing, by modifying Article XIII of the I'reaty of Utrecht. Mr. Fox, the Minister, avowed that he could not see the use of having recourse to this amendment, and that it would suffice to return purely and simply to the text of 1783, which confirmed the rights given l)y the Treaty of Utrecht in all their force, the British (Tovernment never having questioned the exclusive right of flshing belonging to us. It does not appear that any doubt was (!ver thrown on the interpretation of a question clearly put and clearly decided until the French Government complained oi the encroachments of British subjects, and a new doctrine was enunciated by the Newfoundland Legislature as to the nature of our lishery rights. Complaints M'ere made in London by Prince Talleyrand in 1881, and by Count Sel)a8tiani in 1836. It was not uatil the 10th July, 1838, that Lord Palmorston answered the observations of these two Ambassadors. The question of right had at this time been submitted to the consideration of the Law Ufficei-s of the Crown, who reported on the 30th May, 1835 : — " We are of opinion that the subjects of France have the exclusive right of fishery on the part of the coast of Newfoundland specified in Article V of the Definitive Treaty signed at Vei"sailles on the 3rd Se})tember, 1783." This Declai'ation was conclusive, but the Ministers of the Crown refused to agree; to it, and, in reply to a further request for their opinion, the Law Officers reported on 13th April, 1837 :— "That, on referring to the oinnion expi'essetl in our Report of the 30th May, 1836, we think we went further than the circumstances of the case fairly warrant. " Attending to the Treaty of 1783, and the accompanying Declaration, the subse- quent Treaties, and the Act of Parliament, we think Great Britain has bound herself arc not ti» vc never for How, then, sjinctionini; I themsolvos rosovved for ;ly with the lide by side mch contact jir i-espcctivc no important sion of thoir noderation of a ooncnri'(>nt uch had boon etch of coast Iho Treaty of s ; possibility ant the other of the Treaty enough light, in"? that "His rr his suljjects rreueh during 9 of the Island ieraents which ■nch fishermen, ,f Utrecht, the ide by the two n"- enunciated fore the war, gcnients which le two nations aris Cabinet to the Treaty of use of having and simply to Utrecht in all usivc right of n" pretation of a complained *)i nciated by the , and by Count ^n\ Palmorstou n of right had i of the Crown, right of fishery the Definitive refused to agree ftfticers reported I the 30th May, Irly w^arrant. Ition, the subse- he bound herself 187 to {wrmit the subjects of France to fish, during the season, in the allotted district, free from any interruption on the part of Uritisii sultjcots. " If then? Avoro reilly good room within the limits of the district in (piestion for the fishermen of hotii natimis lo lish without intcilVntig with each other, then we do not think tliat this trounlry would be bound to prevent her subjects from lisliing there. It appears, howcncr, from t'lc Kciport of Admiral Sir P. llalkett, tliat tliis is hardly practicable, and avc are of opinion that, according to the true construction of the Treaty and Dcclaratiou. Britisli subjects are preeluded from fishing if they thereby cause any interruption lo tlu! J"'rench fishery." Thus, whilst making tiie necessary reservations as to tlu; point of view in which His Majesty's Government had voluntarily placed themselves to judge the origin and nature of our right ol" iisliing, the sec^ond Reijort of the Law Officers does not vitiate tlic first; it acknowledges that our right of fishing is sjieh tliat no one can |)articipato in it whenever we are likely to be hindered, and fishing in common cannot be carried on. Moreover, Lord Palmerston, in his reply of the 10th July, 18;)8, declares that: " It is true that the privilege secured to tlie fishermen of France .... has, in practice, been treated .... as an (>xclusive rigiit .... because .... it would scarcely bo possible for British fishermen to dry their fish u])on tlu; same part of the siiore with the J"'rench fishermen, without interfering with tlie temporary establish- ments of the French, .... and without interrupting tiieir operations." Twenty years later, in 1857, the jiolicy of the British (jlovernmcnt had not been modified ; they formally recognized in practice our exclusive right and the illegality of all competition. The following lines, extractiul from an official despatch addressed by Mr. Labouchere, the Secretary of State for the Col«)nies, to Mv. Darling, the (iovernor of IVcwloundland, on the IGth January, 1857, are a jiroof of this : — "Suffice it for the present to say that tlie conclusion drawn by youi'self .... is substantially that at which impartial investigation could scarcely fail to arrive Whether the terms conveying the Fieneii right were logically equivalent or not to the term 'exclusive,' they were at all (!veiits ])iactically so. Since English lisliermen could not interrupt French fishermen l)y ' eonijietition,' it was of little importance whether they had in theory a ' concurrent ' right, since? thev could alwavs be warned off bv the French." The8(; instructions, drawn up after the conclusion of the Convention of the 15th January, 1857, signed at London by M. de Persigny and Lord Clarendon, were intended to put into immediate execution Ai-ticlc I, couched in the following terms : — " French subjects shall have the exclusive right to fish, and to use the strand for fishery purposes." This was nothing else than a formal recognition of ancient rights over the territory occupied by the French fishery. The negotiations resumed at different times by the two Governments for the purpose of drawing up tlu^ bases of fresh arrangements did not break down on the •[uestion of tho recognitioi; of our riglit oL' (exclusive fishing. My Government therefore had reason to believe, in view of the above facts, and in consequence of this series of engagements, that the right of France on vho coast of Newfoundland reserved for her fishermen was nothing less than a part of lier ancient sovereignty over the island, which she retained when ceding the soil to England, but wiiicli she has never diminished nor alienated. If the rigiit granted to French fishermen has been sometimes discussed, it has been as to form, never as to (iriuciple, and the Minister for Foreign Att'airs was surprised to see Her Majesty's (iovernment bring forward for the first time a question settled in an absolutely different sense. It is easy to see that if the claim of Messrs. Dupuis-Robial and Besnier, in demanding indemnification for the losses occasioned to them by the use of traps, is rejected, this action will appear to sanction the principle of concurrent fishing which my Government cannot admit, and will give to the Articles of the Treaties a meaning ([uite different to that which has hitherto attached to them. I therefore again call Your Lordship's careful attention to the considerations developed above, intended to justify the claim of these two Frenchmen, and at the same time to throw a new light on the extent of the right of fishery granted to our citizens. This questi(m, one of capital interest to the fishermen of the two countries, is of special importance at a moment when the fishing season has terminated and a fresh one is about to open, and I have too much confidence in Your Lordship's [2693 2 B 2 1f I * i ll i I8S senso of justice to doubt that you will tilmro th(> views of my Gov(>rnmont in rognwl to our rights in Newfoundland, I have, &o. (Signed) WABDTNGTOX. No. 120. The Marquin of Salisbitry to the Karl of Li/'lnn. My Lord, Foreign Office, December 17, 1888. HER Majesty's riovernment have had under their consideration your Excellency's despatch of the 2nd ultimo, forwnrding the reply of M. Hobk't to the representation addressed to them on the subject of the fishing Concessions j^ranted by the Fiencli Government in White Hay, Newfoundland, and of the lobster factory established there by a French Company. There would appear to be some niisundei'standinir as to the main point of the objections raised by Her Majesty's Government in regard to this matter. By the terms of the Treaty, French citizens hiive no right to erect on the Newfoundland shore any buildings other than " scaffolds " and " stages made of boards " and "huts neccssury and usual for drying fisii." The Report made to her Majesty's Government by the Government of Newfoiuulland was to the effect tliat certain French citizens, supported by the French war-ship " Drac," had landed a large quantity of "plant ''and machinery in White Bay, and had alrepHy begun to build very extensive and permanent buildings there. But, even assuming it ^-^ be the fact that the huts erected on the shore, and to which exception is take.i, were co-.dtructed only of boards, and were of a temporary character, as contended by the Krencii Oovernment, they are not used for the purposes indicated in the Treaty. They are constructed and used for the pui|)ose of carrying on the industry of lobster canning. They are, as the French Government themselves admit, " usines " or " factoreries," and, as such, they do not come within the terms or spirit of the Treaty. Moreover, the grant by the French Government to a French Company of the exclusive licence to fish for lobsters in that locality for the term of five years is, in the opinion of Her Majesty's Government, an assumption of ten'itorial rights in derogation of the sovereignty of the British Crown, and unwarranted by the Treaty. Your Excellency will, accordii ^ y, lay the above considerations before the French Government, and again protest ag.tinst the erection on the Newfoundland shove of any buildings not coming within the terms of the Treaty and Declaration, and against the attempt of the French Government to grant exclusive rights of fishery to their citizens in British waters. I am, &c. (Signed) SALISBURY. No. 121. M. Waddingion to the Marquis of Salisburi).— {Received December 18.) M. le Marquis, Londres, le 15 De'cembre, 1888. J'AI communique h mon Gouvernement la rfiponse que Votre Seigneurie m'a fait I'honneur de m'adresser le 23 Novembre dernier au sujet de I'incident provoque a Terre-Neuve par I'etablisseuient de I'usine Shearer sur le *• French Shore," et dans laquelie Elle me laisait connaitre que les mesures necessaires avaient ete prises par le Capitainc Haniond pour empecher cct iudustriel de troubler les pficheurs Fran9ai8. Ces mesures avaient dej^ et^ portees il la connaissance de M. le Ministre de la Marine et des Colonies par le Chef de la Division Navale Fran9aise h 'J'erre-Neuve, qui n'avait pas eu de peine a en d^montrer I'insufiisance. Mon Gouvernement s'etait vu alors dans la necessite de demander la fermeture de I'usine Shearer, comme je I'ai expose a Votre Seigneurie dans ma lettre du 2 Septembre dernier. Cette decision lui paraissait indispensable pour mettre le Sieur Shearer hors d' ' ■, I! I", i i m ■m 1 "1 ;, ■ ' ■; ' ' ! • ' ■" 'c , 1 :j '-: -i ! T 1 ' 'il ' 41 1" ' iH 1 : in 1 i . • m 100 I I r :li • -J , -.1 cYUitavii (o|ii>iH Motnodicu Aniinuliiiiii," tniitaiit |iarticiili6roiiient i\c ^Iclltl)ynlo^io ; ce document, pHru en IGUM, ju-u duiiiit^es uvarit la siKiiatine do In I';,ix d'Utrcclit, aiiniit terti-* attiir raltcntimi drs I'lriiipotiMitittireH «i Ion uvait vonlii liiniter I'exploitatiun j)ar lu Franco dii doinaine de hi nier. DipuiH ci> u»(ini"nt, Artiili (ITM.'i'l it l.iiin^o (17<'W) I'U Su^de ; Ciivior et A^ansiz plut rK, ieu trttditiumi, ot riijxtoire sont concordants pour nccorder n la France lu piiclie ii titru universel «ur lea cAtcs i\n " rreiicii Shore." La l-'rance a iion seulemcnt le droit de pCcher le homard niuis encore celiii de le preparer induxtricllement sur place. Si, en 1713, les autoclaves et etnves cImudeH netaient po8 inventeeu, peut-on dire que les seines de cette epocpie, que ks liarouelles employees par nos pecheuru du dix- huiti^mo sii^cle, n'ont pns ete motlitidcs depuis lors et le pert'ectionnenient des en^ins employe's est venn pen i\ jjcu ? On lit, d'aiileurs, dans la Declaration Ih itannique : — *' The Xlllth Article of tlie Treaty of Utrecht, and the method of carrying on tho fishery, which at all times has been acknowledged shall he the plan upon which theHshery shall he carried on there. It shall not he deviated from by either party, the French fishermen building only their scaffolds, confining themselves to the repair of their fisldng vessels, and not winterinp there, the subjects of His Hritannie Majesty on their part not molesting in any manner the French fishermen during their fishing nor injuring their seafJblds durini; their absence.'' Ce que Ton entend par " the method of carrying on the fishery " esf defini par les d^vcloppements cpii snivcnt cette phrase dans le texte de la Declaration. C'est le modua vivcndi des Franyais sur une e6te qui a cess^ de leur a|.purtenir (jui est reglemente ; c'est leur campement jjrovisoire, leur droit h conper le bois neeessaire pour leurs menueg reparations (jui est cnniirme, c'est en un mot le conmientaire le plus complet des droits territorinux de In Coiironiie Britannique mis en regard de la servitude tem|)oraire conscutie ti son t^gard. " The method of carrying on the fishery " signifie les regies de police Internationale qui fixeront les rapports des pdcheurs des deux nations, et un examen impartial interdit d'y trouver la moindre restriction apporte'e aux proc^des de p^che des Fraiiyais ou au mode de preparer le poisson tant que les etablissements Frangius cunsirvent, comme aujourdhui, le caract^re de "temporary building" poss^d^ par rechaffaudage (" seaflTold "). E;i resume'', I'industrie Fran9&ise doit etre respeet^e dans les cantonnementa qu'elle occupe. La Declaration de 1783, I'Acte de George III, sont des plus odirmatifs u cet egard, et les comnicntaires abondent pour renforeer les Trait^s : Proclamation de Sir G. Hamilton, Consultation des Avocats de la Couronne, Correspondance de MM. Liibounh^re et Stanley, Ministres des Colonies, que j'ai cu dejil {'occasion de citer dans une lettre a V otre Seigneurie, en date du 7 courant, d propos de la reclamation Dupuis-Robial et Hesnier. II rd'sulte (lone do I'ensemble de ccs considerations, tirees de I'examsn des Trait^s et du rappel des traditions, (|ue la F" ranee a \m droit de pdcher et de preparer le homard identiejuc a celui cju'clle poss^dc de prendre et de secher la morue. Quant a I't'tendne de ces droits de peehc et des limitos dans lescpielles I'exereioe ponrrait en fitre considere comme raisonnable, mon Gouvernement ne saurait accepter la tlieorie cxpostc par Votre Seigneurie au milieu de la d(5peehe citee plus haut. La Declaration de 1 783 est e'salement formeile A cet ogard, et la France doit rester seule jngc en cette iiiatiere, comme je I'ai expose k Votre Seigneurie dans ma ddpficlie Ju •J Septembre dernier. Enfin, mon Gouvernement n'a pas vu sans etonnement qu'il ^tait fait allusion de notiveau aux iioinardcrics Fran^aiscs de la Uaie Jilanche, et aux r^'clamationa qu'elles Old jiiovoqiie'es do la pait des autorite's Britanniques. La reponse que M. Goblet a laite a cc sujot a Loid Lytton et dont Votre Seigneurie a eu sans aucun doute connais.sance, emontrde le pen do fondc-tneiit de ces reclamations. D'autre part, M. le Ministre des Adaircs fitrang^res s'e\|)lique mal les accusations port(5es contre les pScheurs Frau(;ais, qui continueraient a exploiter les homarderies " etablies contrairement. aux Traitt's et malgre les assurances contenues dans la note de I'Ambassade du 25 AoOt, 1886." Les assurances qui s'y trouvaient consignees concernaient cxclusivement un incident (|ui a provoqud de la part de la France, h I'^gard de certains de sea nationaux, 101 HI II," traitant tin uvaiit l« oiitiaircH «i lX'|)ui» OB I't^ueiniiieiit i-ntissemoiit 10 juj^nuo et Moi'tir de U i tiaditionH, jrael liur !«<• oe (It de )cut-()ii y ('a[)taiii llainoiid for preventing this trader from disturbin!; the French iiNheriiien. These steps had been already reported to the Minister of Mnviue and tlii' ('oluiiics by the Commander-in-chief of tlu^ French Naval Division at Newloiindlaiid, who had no difficulty in demonstrating their insulTleieney. My (lovennnent were therefore under tho n»!ces9ity of retiuestini: the closing of the Shearer I'actory, as T pointed out to Your Lordship in iny note of tho 2iul September last. Tliis decision seemed indispensable to them, in order to ]iut it out of JMr. Shearer's [lowcr to disturl) the opt;rntionH of our ftshermen in the IJay of Tngarnnchoiv, and they are loiccd to maintain it so as not to create a precedeiit wliich might cause the gravest compiieationv, more especially at a moment when twi mouths alone separate us from a new fishing season. The Declaration of 17S3, to which I have already called Yoitr honlship's attention, is drawn up in French alone, and the clearness of its terms leaves no lonm for any discussion. It prohibits every kind of hindrnnee, and that without distiiietioii as to the cause producing it. The hindrance caused by Mr. Shearer cannot lie ileni(>(l, for,lobster-llshing frightens the cod away, and inak<>s use of implements «liieh d ])rimitive industry. The rreneh fishermen know this so well, that they never spread tlu'ir nets where the cod a]ipear on the surface. Tho lobster factory of Mr. Shearer constitutes not only a hindrance to tho French fishermen, but a flagrant violation of tln^ rights conceded to France. The " l-'reneh Sliore" does not admit of two classes of Avorkers, and tlu^ maintenance of this factory would bo the gravest injury to the right of the Erench to fish without competition and to prepare every kind of fish. This concurrent right cannot bo sustained, for it is not mentioned or alluded to in the Treaties. An examination of the principal Articles of these Treaties, the text of which is taken from the " Collection of the Legislative Acts of the Colony of Newfoundland," published in 1872, which I venture to submit lierewith to Your Lordship, will enable you to convince yourself of the rights which have been conceded to France in Newfoundland. The letter itself of the Treaties and the commentaries made on them leave no doubt as to the privileged position of France in NeAvfoundland. It is veiy evident that, in agreeing to the cession of territory to the British Government, France meant to reserve to herself the complete right of fishing on a portion of the coast, and to 1*1) ! < li 192 ! 1: ' [I 5- I fit i ?i; ii % iiinke full use of the shore for the wants of her fishermen during their temporary occupation of it. This riL,'ht of fishing, it cannot too often he repeat(Hl, was not specified or restricted ; it Avas sti])ulatcd and recognized in its entirety in goneml tei'ms and in a liberal si)irit. It cannot b(> admitted that either of the two Signatory (Jovernments intended to make a mental reservation in regard to the catching and preparing of crustaceans, and that the words " fish " and " fishery " are to he interpreted in a narrow sense and one differing from the commonly accepted meaning. The Ti'eaty of Utrecht says in elfect : — " It shall he allowed to the siihjects of France to catch fish and to dry them on land in that part only which stretches from the place," &c. " rish " applies to all the i)rodncts of the sea, and the verb " to fish," which is used in th Treaty of Paris of 17()3, in place of the substantive, still possesses in the current tongui; of our time a general force which precludes all restriction. The " Lobster Act " of 1888 begins with the expression " to fish lohster." Again, the herring is sinokcd, the salmon is salted, the sea trout is pickled, and no objection has ever been raised to the catching and preparing of these different species. Tt was not without intention tliat the Signatories of the Act of Utrecht si)oke of " catch fish " on the one hand, and oF " dry on land " on the other. These terms embody two separate and absolutely distinct rights. France might have been allowed to fish, and have been forbidden to (h-y. Tn the former case she has the enjoyment of the waters, in the latter she has the t(;mi)orary occupation of the soil ; the principal aim of the Treaty of Utrecht being to hand over the territory of Newfoundland to Great Britain, it was necessary to stipulate for the temporary occupation which l^^ranee might have of a part of the coast. There were, therefore, 1 wo distinct privileges granled to France; and the second cannot be tiken t(! diminish the first. "Peclier" (to fisli) constitutes the first, " secher " (to (hy) constitutes i he second. But if the drying is limitiMl, the fishery is not, by any term of tlie Treaty, and o;i iliis ground it is and remains general. Jf it had been the intention of either of the Contracting Parties to restrict the fishery of the other to this or that kind of fish, thoy Avould have been careful to specify it ; and the assertion of the Newfoundland Government, that the imperfection of science rendered it impossible to make classilieations which the whole world now knows is not admissible. The ancients had distinguished fish proper from crustaceans, and called tliese latter " malacostraceans ;" since then two English authoi-s, Roy and Willoughby, published a work entitled, " Synopsis Methodica Animaliura," treating more particularly of ichthyology. T'his treatise, which appeared in 1093, not many years prior to the signing of the Peace of Utrecht, must assuredly have attracted the attention of the Pleniiiotentiaries if they had wished to limit Fi-ance's exploitation of the domain of the sea. Siiute that time, Artedi \|1735) and Linnaeus (1738) in Sweden, Cuvier and ,Vgassiz more recently in France, have completed the study of this matter ; and their Avorks. hoAvever famous they may have been, do not apjiear in any way to have interested tiie dii)lomatists, since, up to and including the Treaty of 1811, no mention is made of any intention of departing from the genci-al definition of " fish ;" and one comes to the conclusion that texts, traditions, and history are agreed in according to France a general right of fishery on the coasts of the " French Shore." France has not only the right of fishing for lobsters, l)ut also that of prei)aring them on the spot for sale. If, in 1713, autoclaves and heating-stoves were not yet invented, can it be denied that the nets of that epoch and the lines used by our fishermen of the eighteenth century have been modified since then, and that the implements used have been gradually perfcctcid ? In any case, the Hritish Declaration says that — "The XITltli Article of the Treaty of Utrecht, and the method of carrying on the fishery, which at all times has been acknowledged, shall be the plan upon which the fishery shall, be carried on there : it shall not be deviated from by either party ; the Fi-ench fishermen building only their sealVolds, confining themscilves to the rcjjair of their fishing-vessels, and not wintering there ; the subjects of His Britannic Majesty, on their j)art, not molesting in any manner the Fi-eneh fishermen during their fishing, nor injuring their sciafi'olds dm'ing their absence." What is understood l)y " the method of carrying on the fisiiery " is defined by tlie developments following this phrase in the text of the Declaration. It is the iiiodut vivendi of the French on a coast which has ceased to belong to them, which is n;!l temporary pecifted or ,s tmd in a overnmcnts reparius oi pretcd m a iry them ou h," wliich is esses in the iction. The pickled, and lese diifcrent b of Utrecht thcr. These (Ivy. In the ic'tinnporary Mng to hand to stipuhite coast. There nd cJinnot he ' sechev " (to s not, hy any o restrict the ?t'ul to specify tion of science now knows is istaceans, and loi-s, Hoy and lura," treating 193, not many attracted the (xploitation of ■lis (ITiiS) in the study of not appear in the Treaty of ji-al deilnition id history are the " Trench , of pr(>paring In it he denied Ihe eighteenth led have hcen 108 rcgul.ited ; it is their ])rovisional encampment, tlieir riglit to cut wood necessary for tlieir small repairs, whicii is confirmed ; it is, in a word, tlie most tliorovigh commentary on tlie territorial rights of the Ih'itish Crown in respect of the temporary servitude agreed to hy it. "The method of carrying on the tisliory " signifies tiie international j)oIiee regnlations which shall govern the relations of the lishermcn of the two iintioiis. and an impartial examination i)reclii(les the discovery of the least restriction on the method of fishing of tlie FrcMich, or on (lie nianner of preparing tlie fish, j)i'o\ ided that the French cstahlishments preserve, as they do to-day, the character of " temporary hiiildings" possessed hy the scalVold. To Slim up, the i'reneh industry is to he respected in the cantonments taken up I IV it. The Deelaiation of 178.'$ and the Act of George III are most positive on tiiis point, and commentaries ahound to re-enforce the Treaties : Proclamation of Sir (i. Ifaniilton, Keport of the Law Otfieers of the Crown, corresp(mdencc of ilessrs. Lal)ouchere and Stanley, Secretaries of State for the Colonies, which I have already had occasion to quote in a note to Your Lordsliip, dated the 7th instant, in connection with the claim of ]\IM. Dupuis-Jfohial and Bcsnier. The result of the whole of these considerations, drawn from an examination of the Treaties, and the citing of traditions, is that Ti-ance has the same right to tish for and [)re])are lohster as she has to catch and dry cod. As to tlie extent of these rights of fishery, and the limits in which their exercise may he considered reasonahle, my Government cannot accept the theory exi)Ounded hy Yoiu- Lordship in the course of the note cited ahove. The Declaration of 1783 is equally formal on this point, and France must remain sole judge in this mattei", as I have stated to Your Lordship in my note of the 2nd Septemher last. In fine, my Government is surprised to ohserve that fresh allusion is made to the French lohster factories in White Bay, and to the complaints whicli they have caused on the part of the British authorities. The re])ly of ^L Goblet on this matter to Lord Lytton, of which Your Lordship must he aware, demonstrates the slight foundation for these complaints. The ^linister of Foreign AlVairs finds it difficult also to understand tlic accusations brought against the French fishermen who continue to work lobster factories, " established contrary to Treaty, and in spite of the assurances contained in Your Excellency's note of the 25th August, 1880." The assurances therein contained c.velusively concerned an incident which called forth on the part of France, in regard to certain of her citizens, the intervention most calculated to assert in the eyes of Uer ^[ajesty's Government her wish to enforce the observation by Frenchmen, as far as regards the management of lobster factories, of the oliligations imposed by the Treaties. The French naval authorities have not learned since then that any French fishermen liave transgressed the orders given to them by the cruizers of their nation on that occasion, and these declarations could not in any case call in question the right of Frenchmen to work the lohstm- industry. The above considerations ar(» intended to demonstrate to Your Lordship the ill(>gality of Mr. Shearer's establishment on the. " French Shore." His proceedings injure the French fishery, and the continuance of his factory in those parts would strike a very grave blow at the rights conceded to France, such as I have described ill reviewing th(> Articles of the Treaties signed by the two nations ; and I am instructed to again pi*ess Iler Majesty's Government to remove ^[r. Shearer from Port Saunders without further delay. I feel assured that Your Lordship will impress upon the British colonial autho- rities the necessity of acceding to the request of my Government, and I should be very glad to be informed of the result. I have, &c. (Signed) WAUDINGTON. - iA'i ,1' if \^ U carrying on |n upon which either party; Is to the repair ■His Britannic Icrmen during US defined by kn. It is the [hem, which is -BOJ 2 C 194 ! if Xo. 122. The Earl of Lijtlon to the Mtirquis of Salisburi/. — (Received December 2i.) My Lord, Paris, December 21, 1888. T HAVE the honour to infbnn your Lordship that I have this day addressed a note- to the French Government in the terms of your Lordship's despatch of the 17th instant, again protesting against the erection on the Newfoundland shore of any buiidinijs not coming within the terms of the Treaty and Declaration, and against the attempt ol the French Government to grant exclusive rights of fishery to their citizens in llritisli waters. J have, &c. (Signed) LYTTON. I I No. 123. The Earl of Lytton to the Marquis of Salisbury, — (Received December 27.) (Extract.) Paris, December 25, 1888. I HAVE the honour to inclose herewith to your Lordship, extracted from the "Journal Officiel" of this day, a rej)ort of a (|Ucstion put to the Freuch Minister for Foreign Affairs in tiie Senate yesterday afteinooii by Aduiiral V^ron, with reference to the fisheries on the "French Shore" of Ncwfoundiaiui, and of M. Goblet's reply. Inclosurc in No. 123. Extract from the "Journal Officiel" of December 2."), 1888. NOUS airivons, Messieurs, au Minist^rc des Afl'aires Rtrang^res. La parole est h M. I'Amiral V^ron, sur I'ensemblc du Ministcre. M. I'Amiral Ve'ron. — Messieurs, au inois de Janvier dernier, j'ai cu rhonnciir d'entretenir le Senat de nos grands infarcts sur les cotes de I'llc de Terre-Neuve. A cet egard, j'ai pose une (]uestion h M. le Ministre des AHaires Ktrang^res rclativcment luix dommages qui nvaient ete causes A nos armateurs par une fausBc interpretation, h ninii avis, du Traite d' Utrecht qui nous lie avec I'Angieterre. M. le Ministre des Affaires Etrangferes r6pondait ceci : " LeTraitd d'TJtreciit donne tl nos armateurs un droit de pechc absolu et sans restriction a eux seuls. Nous n'cntendons nullement leur contester le droit de procider u la |)6ehe du homard ; mais, nous, nous entendons encore Ic fairc respecter; nous entendons empechcr les habitants de Terre-Neuve d'empieter sur les droits de nos nationaux. lis ont niontre dans les derniers temps pcu de disposition k entrer en accord avec nous." Le Ministre dit, vous le voyez, que les habitauls de Terre-Neuve niontraient pcu dc dispositions h entrer en accord avec nous. Que s'^tait-il passd? Le Parlement de Terre-Neuve avail rel'usdj de ratifier I'acconl qui ^tait intervenu entre notic Gouvernenient et le Gouvernement Britannique. II en avait le droit, les Constitutions Coloniales Anglaises sont ainsi faites. Mais il avait d^j^ montrd du mauvais vouloir A notre egaid ; premier grief. Plus tard, le Parlenient de Terre-Neuve votait un Bill qui interdisait I'exportation dc la boette, c'est-tl-dire de I'app&t iidcessaire a nos p^cheurs faisant la peche des bancs ; deuxidme grief. Cette ann^e, nos pficheurs ont eu a subir les premieres consequences de ce Bill. Vous allez voir cornbien il nous a 6t4 d^savantageux. Ce Bill a 6t6 votd exclusivement dans le i)ut de ruiner notre industrie de la peclic, parce que l'a])pftt neccssaire u la |)eche est le hareng (jui arrive en prime saison sur les c6tes Anglaises, suivant la loi gC'nerale de I'emigration des poissons, avant d'arriver sur 1108 c6tes. Done, nos p^cheurs, en arrivant h Ttrre-Neuve, ne trouvant pas I'appAt ndcessaire qui, de tout temps, leur avait 4t6 fourni par les Anglais, ont ^tu obliges de retarder Icur u;randes Ncuve. M. s'e'tait ^ 'Jerre-K-( c'est le avait int( la morue Sur Neuve d aux tern au droit la mer. Lontraient peu tic de ce Bill. Vous 196 entree en cainpagne. Mais le Parlcment comptaif sans I'dnergie de nos pdcheurs Bretons et Norinands, qui, lualgre cette interdiction, se sont rdpandus dans d'autres parties de I'lle de Terre-Neuve oh nous avons droit uxclusif de peciie, et ii, ils s'y sont approvisionnis. Mais il y a eu de grandes difficultes i sunnonter et en infiine temps une grande gone et un grand retard dans le coniinencenient de leiirs operations. YoWk le resultat obtenu v'w le Parlement de Terre-Neuve: unc grande gfine pour nos pecheurs et un grand retard on meme temps, et je le note comme un argument pour la petite discussion dans laquelle je dois eutrer. L'aun^e derni^re, eu 1887, un seul armateur avait expddie un navire pour la c6te ouest de Terre-Neuve, que les Anglais appellent " French Shore." Ce biitiment ^tait parti pour se livrer i\ une nouvelle Industrie en nicine temps qu'tk la pSclio de la morue ; pour prendre des homards qui foisonnent dans ces niers. Cette ann^e, en ISBs, aprfes Ics declarations du Ministre des Affaires Htriing^res dont je viens de vous donner lecture, cinq armenients se sont fails pour la niSme operation, pour la p^che simultan^e de la morue et des homards. Or, voici ce qui s'est passe sur le " French Shore." Vingt et un homarderies — c'est le nom qu'ou donne aux usines, aux fabriques de lioinards Anglaises — etaient installees dans nos meillcures baies oil nous avons seuls le droit de pecher, et ]h les Anglais ont fait, en nioycnne, 150,000 boitcs par usine : ils out pris plus de deux millions de homards. Le dommage qu'ils ont ainsi causec est done considerable par cette destruction des homards, et on mc iie temps ils ont empeche le Jbnctionnement de nos seines par cette ^tonnunle quantite de casiers r(5pandus sur tous les (bnds, et invisibles. Si cet etat de clioses devait durer, il est certain que nos armateurs, no3 pecheurs, seraient obliii;es de renoncer a cette industrie, qui serait loin d'fitre fructueuse. 11 est done absolument urgent de s'adresser au Gouvernement Anglais pour qu'il fasse evacuer par ses nationaux toutes les parties de la c6te, sur laquelle nous avons ce droit exclusif de peclie ; ces droits dont je purle c'est tout ce ijue nous avons conserve de notre ancienne supr^inatie dans le Nord-Amerique. Jamais les Anglais de la metropolc lie nous ont couteste ce droit. Seuls les habitants de Terre-Neuve, qui sont formes eu colonie en ce moment, nous contcstent de temps en temps qiielques-uns de ces droits et, en tout cas, cherehent ii nous gener le plus possible. Je viens de vous montrer. Messieurs, deux nouvelles preuvcs de leur mauvais vouloir h notre dgard, et, par consequent, nous soinmes encore plus h I'aise pour exiger (\ue chacuui reste chez soi. Je viens demander a M. le Ministre des Affaires l5trang6res de vouloir bien me dire si nos armateurs peuvent compter qu'une solution favorable sera doniiee k leur revendicatio'i dont je suis I'interpr^te, ce qui leur permetlrait, des aujourd'hui, de preparer leurs arme- nients pour la cainpagne prochainc. Conune je le disais tout A I'heure, je suis coiivaineu que si nous reconquerons nos droits et si les Anglais sont cloignes de territoires qui ne leur appartiennent pas, les armenients vont prendre un tr^s grand d6veloppement. II s'agit de 15,000 ou 20,000 pgcheurs. (Tr^s bien ! tr^s bien ! a Droite.) M. Rnne Goblet (Ministre des Afl'aires Etrai/g^rcs).— Messieurs, je m'empresse de declarer a I'honorable Amiral Ve'ron que le Ministre des Affaires Etrangeres aetuel iiiter- prf'te les Trait^s d'Utrecht et de Versailles absolument comme I'ont fait ses predeeesseurs et comme le faisait, en dernier lieu, M. Flourcns, dans la s(^ance du niois de Janvier h laquelle M. I'Amiral Vdron a fait allusion. Ces Traites donnent tl la France, sur la partie nord-ouest de Tile de Terre-Neuve, depuis le Cap Saint-Jean jusqu'au Ca[) Race, un droit de p6che absolu et sans restriction, non seulement sur la morue, inais encore sur tous les autres puissons ou crustaces, particuli^rement sur le homard. 1! est incontestable que nous avons rencontre, dans ces derni^res ann^es, de tr^s grandes difficultes de la jiart de Tindustrie Terre-Ncuvienue et du Parlement de Terre- Neuve. M. I'Amiral V^ron rappelait tout a I'heure (jue, dans la seance du mois de Janvier, il s'etait plaint notamment de deux faits : le premier, c'est le rejet par le Parlement de Terre-Neuve d'un accord sur les pficlierits que noMS avions ndgocie en 1885; le second, c'est le vote du botitte Bill, c'est-a-dire le Bill par Icquel le Parlement de Terre-Neave avait interdil de vendre a nos pecheurs la botitte, appilt qui leur est inicessaire pour pecher la morue. Sur le premier point, en ce qui concerne le rejet par le Gouvernement de Tiure- Neuve de I'accortl sur les pecheries, voici quelle en a e'ttj lu constjqueiice. Nous avions, aux termes de cet arrangement, prop ise de lenoMcer, poui les [loelieur.s Fnn9ais au droit de pf^cher le saumon dans la partie anttirieuie des eours d'eau qui se jettent A la iner. [269] 2 C 2 ;1 j '.m I ■; if i i I '! !', 196 Ce droit, nous ^tions disposes h I'abandonner. L'arrangcment ayant ^f^ repouss^ nous avons repris I'cxercice de notro droit, et, k I'heure qu'il est, nous prot^geons nos marins dans la p6clic du saumon a rentree des rivieres, en substituant seulement aux anciens barrages fixes, qui avnient souleve des difficultf^s, des rets mobiles permettant lo passage des bateaux. Telle a 6\6 h consequence diirejet par le Parlement de Terre-Neuve de Tarrangement que nous avions [jroposd. En ce qui concerne le boctte RiM, nous n'avions |)as le droit de nous y opposer, mais nous avons fait tnieux : ffratc u reuorgie de nos marins et de nos pftcheurs, comtne lo rappelait tout k I'heure 1' honorable Ainiral Veron, et aussi h la protection de notre marine, Ji laquelle il faut rcndre justice, nos p^cbeiirs ont repris, cctte annee, possession de la Baie de Saint-Georges, et ils ont trouvu sur la cAto ouest I'appAt necessaire. J^a difficulte est done lev^e. Depuis que des instructions trds pressantes ont ^te donn^es, au commencement de cette annee, par mon pr^decesscur, a ia suite du d(';bat que je viens de rappeler, nous avons obtenu d'autres satisfactions. II y avait notamnient nne assez sravc difficult^ : e'etait rcxistcnco, h l'entr<5c de nos rivieres on do nos havrcs, de grands filets ayant parfois 1 00 metres de long, qu'on appelle des tiappes. Nous avons obtenu qu'nn acte du Gonverneinent de Terre-Neuve d^cidiU la suj)- pression de ces trappes h partir du I" Janvier, 1S90. On avoulu ainsi laisser a I'industrie de Terre-Neuve le temps de rentrer dans ses frais. Ncanmoins je suis bien aise de le dire au Senut, nous avons en ce moment I'esp^rance que nous pourrons faire abreger ce d(^lai et que les trappes auront disparu auparavant. (Tr^s bien ! tr^s bien !) Il y avait une autre source de conflits, c'mmerce interlope d'un certain nonibre de navires qu'on appelle des go^lettes nonades, qui nnviguent dans ces parages sans pavilion et se livrent a la peche en ^chappant h toute surveillance. Nous avions dcmande que ces navires fussent soumis h certaines formalit^s qui permettraient de les surveiller. Nous n'avons pas pu ohtenir (lu'on leur appliquAt ia legislation de la Mer du Nord, c'cst-^ f'irc qu'on iinposAt a tons les bsVtinients sans distinction de porter des marques apparentcs dans lenrs voiles; nuiis nous avons obtenu du nioins rapplication du "Merchant Ships Act." I^es bi\titnents de plus os de ces negociations que vous poursuivez avec I'Angleterre, M. le Ministre, voulez-zous me i)erniettre, je ne dirai pas de vous donner un conseil, mais de vous donner mon opinion sur les res-iiltats (jiie ces negociations pourraient avoir ; je veux parlcr de cet arrangement dont nous avons eu connaissance sous vos predecesseurs, arrangement qui devait, en eebange de certains droits que nous conce'derions a Terre-Neuve, nous donner la propriete entiere, par exemple, des Nouvelies-Hebrides. C'est, je crois, dans' le Traitd qui avait ete projefe. , M. le Miniytre. — Cela n'a aucun rapport, M. I'Amiral; jc ne crois pas qu'il ait 6t& question des Nouvelies-Hebrides dans les negociations. M. rAmiral Ve'ron ~ Cela m'etonne ; il y a nn accord qu'on a cberche a faire pour abandonner certains de nos droits sur la c6te de Terre-Neuve et, en eebange de cela, I'Angleterre eonseiitait, disrit-elle, ^ nous conc^der I'enti^re proprieio des Hebrides. M. le Mini.ifre. — La question des Nouvelies-Hebrides est rdalee, vous le savez. M. I'Amiral Ve'ron. — ()ui, mais nous partageons avec I'Angleterre la piopridte de ces malheureuses lies tout ^ tait insalu'^res et (jui ne serviront jamais a rien ; nous partageons avec les Anglais cette propriete, tandis que les Anglais ne se sont pas genes pour prendre les lies Fidji, voisines des Hebrides, qui sont dans le m6me arcbipel ; ils ne nous out pas demande la permission ni le droit d'occuper ces lies, et ils viennent nous chercber chicane parre que nous voulons nous installer aux Nouvelies-Hebrides ! Nous avons fini par leur conce'der cette propriete par moitie. Dans I'accord qui devait intervenir avec Terre-Neuve, il etait (juestion .... M. le Baron de Lareinty. — Qu'est-ce qu'on donnerait en echange de nos droits 8ur Terre-Neuve ? M. I'Amiral Veron. — La moitie de la propriete des Nouvelies-Hebrides, dont nous n'avons que I'autrc moitie. C'est une dcs clauses de rArrangcmcnt qui a ete publie dans le Li vie Jaune qui nous a ete dislribue sur les negociations qui ont eu lieu depuis 18G5. M. le Ministre. — C'est la une phase tr^s ancienne de I'affaire. La question dcs Hebrides est resolue. tNil 19P M. rAiniral V/ron. — Mais vous travaillcz dans ce moment h reprondre cet accord .... M. le Ministre. — La (]uestion des Nouvelles-Hcbrides n'y est pas mSl^c ; elle est d^finitivement ii^glee. M. VAmiral Ve'ron. — Mais nous n'avons que la moiti^ de la propri^te des Nouvelies* Hebrides, et dans I'accurd que vous nd^ociez avez I'Angleterre il est r^uestion de nous donner la toute propriety des Nouvelles-Hcbrides. Je veux done vous mettre en garde et vous dire que cette concession des Nouvelles-Hebrides ne vuut pas la milli6ine partie des droits que nous abandonnerioiis h Terre-Neuve. (Trfes bien I tr^s bien I i Droite.) .\/. le Ministre. — Les renscignements que donne i'honorable Auiiral Vdron s'appliquent k une phase de I'afraire qui est anterieurc. II parlc de nd'gociations v)ui auraient commence eu 1865; i\ I'heure qu'il est, nous clicrclions encore a conclure pour Terre-Neuve un arrangement sur les pCclierics. Si nous aboutissons, je serai enchantd d'avoir i)U resoudre ainsi les ditiicultcs qui nous divisent; niais la question des Nouvelles-Hcbrides n'y est plus ni£l^e en aucune fa<^on pour une bonne raison ; c'est que tout recemment, I'annee derni^re, bien puslerieureiucnt aux negociutions dont un i)arle, la ((uestion des Hebrides a ete titriiiilivcnient re,:;lee. Par C()usc(|uent, clii; nn pent plus (Mitrer conime un Element dans Ic's aiviingeinents de I'uveuir. (Trt'S bien! tr^s bien I) No. 12i. i ! h M. Wdddinfjtov to the Marquis of Salisbury. — {Received December 27.) M. le IMarquis, Londres, le 20 De'cenibre, 1888. I'AR votre lottre en date du .'> Novembre dernier, vous uvez bion voulu mo faire coiniaitrc les mesures dont le (rouvernomcnt iU\ la Rciiie avait dt''cide I'applieation a Terre-Neuve en vue de laciliter ridentilication des goelettes nomades dans les eaux ou los bateaux Tran^ais exercent le droit de peehe. .le me suis empresse de transmettre cette decision a mon Gouvernement, qui vient de m'adresscr uno lettre contenant son opinion sur ce sujct. M. le ]\linistre des Affaires Ktrangdros, tout en reconnissant les efforts du Gouvernement Britanniquo pour mettre un termc aux difficultds qui ont trouble I'exereice de notre droit de peolie h Terre-Neuve, est iieanmoins d'avis que les mesures adoptees ])ar l(>s autinites maritimes Anglaises ne fournissent pas a nos peclieurs uno garaiifie siillisaniment efrieace contre le retour des abus dont ils ont eu k soufTrir. En etfet, d'a])r(^s les termcs de la lettre de Votre Seigncurie du 5 Novembro dernier, la decision du Gouvernement Britanni»[iie ne rend obligatoires les R^glcments du " Merchant Shipping Act " quo pour les navires d'un certain tonnage et n'en extend pas I'application aux petits bfttiments pontes de 30 tonnes et au-dessous. Or, d'apr6s TAlmanacli du Gouvernement Terrc Neuvien de 1888, les statistiques ofliciellos onregistrent 1,618 biUiments de 20 tonnes, et au-dessus, et 2,9i6 bateaux de 2 h 20 tonnes. Dans ces conditions, plus le 2,000 embarcations 6chapperaiont b. un contrfile cfficace et, ce qui aggrave pour nos peclieurs le danger de cette restriction, c'est que la presqvie totalite des bateaux do pecbe se rendant au Labrador, ceux-lti m6me qui pillent nos etablissements et provoquent constarament des conflits avec nos nationaux pendant lour relAcbe sur la c6tc de Terre-Neuve, a[)i>artiennent i\ la cat<5gorie des bMraents appeles a b6n61icicr de cette exception. Ij<; Gouvernement de la Heine, il est vmi, a bien voulu promettre qu'il recom- manderait aux autorit^s Terre-Neuviennes do veiller a ce que ces bateaux de faible tonnage fussont, h I'avonir, munis de numdros apparents et do lettres indiquant leur port d'attaclie. Mais nous avons malheurcusement sujet de craindre que le Gouvernement de la Colonic no so prete pas avec erapressoment il une mcsuro de police qu'il a toujours combattue et qui ne lui serait indiqude que sous la forme d'une recommandation. En consequence, mon Gouvernement a pens6 que ces dispositions pourraient offrir plus d'efflcacitii s'il piaisait au Gouvernement de la Ileine de donner a sa recommanda- tion aux autorit<5s de Terre-Neuve, eoncernant le numerotago des bateaux qiii 6chappent aux prescriptions du "Mercliaut Shipping Acjt," la forme d'un ordre cxprt^s, obligeant les b&timents de cette categoric h porter d'une fa9on apparente des marques extCrieures dcstinees a faire reconnaltrc leur identity). i'jd .Fc lie (loiitt! ims ([lu! A'ulro tSeigucurie rucoiiimissc la justessi: do cos observations, ot j'esp^rc (lu'Elle voudm biou i)rossor radoption des mesurcs i)ropres a domior satisfac- tion ail A'CL'u cxpvinic par lo Gouvoriicnicnt dc la R(5publiquo. Veuillcz, i&c. (Sij?n6) WAUDINGTON. (Translation.) My Lord, London, December 2G, 1888. IN your note of the 6tli November last you wore gootl enough to apprise mc of the measures which llcr Majesty's Government have decided to adopt in Newfoundland with the view of facilitating the identification of s* ^y tishiug-smacks in the waters where French vessels have tlie right to fish. I lost Uv time in forwarding this decision to my Government, who have now addressed a despatch to me giving their views on the subject. The Minister for Foreign Aflairs, while grateful for the clforts made by Ilor Majesty's Government to put an end to the difficulties which have interfered with the exercise of our fishery rights in Nowfoimdlaud, considers, nevertheless, that the measures adopted by the English naval authorities do not furnish a sufficiently eflcctive guarantee to our fishermen against the recurrence of the abuses from which they have had to suffer. In fact, according to your Lordship's note of the 5th November last, the decision of Ilcr Majesty's GovornuKmt only renders the provisions of the Merchant Shipping Act obligatory for vessels of a certain tonnage, and does not extend their application to small decked vessels of 30 tons and under. But according to the Almanatrk of the Newfoundland Government of 1888 the official statistics give the registration of 1,618 vessels of 20 tons and above, and of 2,916 vessels of from 2 to 20 tons. Under these circumstances, more than 2,000 vessels would escape ellectivc control, and a circumstance which aggravates the d.mger of this restriction f(jr our fishermen is that almost the whole of the fishing-vessels which go to Labrador, the very vessels which pillage our establishments, and constantly i)rovoke quarrels with our citizens during their stay on the Newfoimdland coast, belong to the (jategory of vessels which benefit by this exception. Iler Majesty's Govei'nmcnt, it is true, liavc been good enough to promise to recommend the Newfoundland authorities to take care that these vessels of light tonnage shall be furnished, in future, with conspicuous numbers and letters indicating their home port. But we have, unfortunately, reason to f(!ar that the Colonial Government will not welcome a measure of police which they have always opposed, and which is only to be submitted to them in the form of a recommendation. Consequently, my Government think that these measures would be more effective if it pleased Uer Majesty's Government to give their recominendatiou to the Newfound- laud authorities respecting the numbering of vessels which escape the provisions of the j\Ierchant Shipping Act, in the form of an express order obliging vessels of this class to carry, in a conspicuous manner, some outward marks for the purpose of identification. I do not doubt but that Your Lordshii) will recognize the justness of these observations, and 1 trust that you will be good enough to urge the adoption of measures of a nature to satisfy the wishes expressed by the Government of the llepublic. I have, &c. (Signed) WADDING'J'ON. No. 126. Foreign Office to Colonial Office, Sir, Voreiijn Office, Jamtnry 15, I'^SU. I AM directed by the Marquis of Salisbury to transmit to you herewith copy of a note from the French Ambassador at this Court relative to the question of the identi- fication of fishing-schooners off' the coast of Newfoundland.* M. Waddington states that, in the opinion of the French Government, the * No. 124, 1 t'li ^■f:l I m 1 1 VM " it- ! ii i ■I 2(X> measures adopted hy tlic British naval autlioriti«!a do not furnish a sufficient guarantee against the recurrence of the uhusos conij)lained of by Ei-eiu^h fishermen ; and points out that, under the provisions of the jVLerchant Shipping Act, more than 2,000 fisiiing- schooners of less than "JO tons tonnage will (>scai)e cr^ntrol — the class of vessel in question being precisely the one that gives rise to so many difficulties off tlie coast of Labrador. His Excellency accordingly urges that, in lieu of a recommendation, express ordere shouhl be dispatched to the Government of Newfoundland with a view to insure that tiie smaller schooners shall be numbered in such a conspicuous manner as may facilitate their identification. I am to request that, in laying the inclosed paper before Lord Knutsford, for his I/irdsiiip's observations, you will state that, as a matter of police regulation, as well as on otlier grounds, it seems very desirable, in the interests of the Colony of New- foundland, that tiie class of small vessels referred to by M. Waddington should exhibit a number. I am, &c. (Signed) JULIAN PAUNCEPOTE. No. 126. Colonial Office to Foreign Office, — {Received January 28.) Sir, Downing Street, January 26, 1889. I AM direct(Hl by Lord Knutsford to transmit to you, for communicatiou to the Marquis of Salisbury, a copy of a letter from the Admiralty, inclosing Reports in connection with the proceedings of Her Majesty's ships employed for the protection of the Newfoundland fisheries during the late season. Lord Knutsford proposes, with the concurrence of Lord Salisbury, to suggest to the Lords Commissioners of the Admiralty that the proceedings of the naval officers should be approved, and their tact and judgment highly commended. I am, &c. (Signed) JOHN BRAMSTON. Inelosurc 1 in No. 126. Admiralty to Colonial Office. Sir, Admiralty, November 22, 1888. I AM commanded by my Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State for the Colonies, Reports in connection with tlie Newfoundland fisheries, and tiie proceedings of Her Majesty's ships employed for their [)rotection, during the season just closed. My Lords desire mc to draw the attention of Lord Knutsford to the recommenda- tion contained in the ttii paragraph of Admiral Lyons' Report of the 29th October last, to the ctt'ect that the provisions of the Merchant Shipping Act in respect to the " marking" of coasting vessels should be strictly carried out. In suggesting for the consideration of the Secretary of State that the proceedings of the officers employed in the fisheries should be approved, my Lords desire me to <;all attention to the very satisfactory relations which appear to have existed between tlu: English and French officers during the past season, and also to the high terms in which Vice-.Vdmiral Lyons speaks of the manner in which Captain Hamond has (for the third year) can-led out the responsible duties intnisted to him. My Lords desire me to draw particular attention to the exhaustive Report on the subject of t!'e working of the lobster factories which has been furnished by Captain Campbell, of Iler Majesty's ship " Lily " (dated the 10th October last). I am to request that any fresh instructions which it may be decided to issue for next season, and which will involve the altemtion of those now in force, may be communicated to this Department at the earliest convenient date. My Lords have addressed a similar communicatiou to the Foreign Office, and have SOI inlormod the Socrchiry cf State tliat the inclosed Reports have hceii forwavilod to the Colonial Oinoe. I am, &c. (Signed) EVAN MACUllEdOU. InolosuiT 2 in No. 1*20. inner as may Vice- Admiral Lyons lo Admiralty. Sir. " llpllfrophnn" at Iliilifa.v, October 2'.), 18SH. THE squadron employed on the coasts of Labrador and Xowi'oiindland having rejoined my tlai? at the close ol" the tishery season, I have tiie honour to submit the Reports of Captain Ilamond, and of the officers who iiave been serving under his orders ; ami in doing so [ would oiler the following remarks: — 2. Owing to the " iiait iJill " having come into operation this year, it was con- sidered desirable that one of our cruizers sliould be on the west coast of Newfoundland so soon as the navigation Mas o])cn. Tiic "Lily " was dispatched on this service, and she, after having encountered considerable dillieultics with the ice-fi(d(ls, reached St. George's Jiay ou the 2()th April. The aviso " Drac," direct from France, arrived the same day. A considerable numl)er of French lishing-vcssels appeared about the same time, with the object of ])roeuring bait for the Hank lishing. The friction which it was feared might l)e brought about by the Cdnllieting interests of the two jieoples Avas liappily averted by the judicious arrangements made by the officers commanding the "'Drac " aud the "Lily," Capitainc de Fregate Ueeuloux and Captain Campbell, between whom relations of au especially cordial nature would appear to have existeil. 3. The Cod Trap Abolition Act, which was passed by the Newfoundlaml Legislature this year, and is to come into force in 1890, will nnnove a soui'ce of constant irritation to the French llshernaen, whilst it will inuloubtcdly benefit the Colony. 4. In my submission of the 15th August last I reported that, from personal observation wlu>n at St. .John's the previous mouth, I had found several decked coasting-vessels and fishing-schooners in the port with no name anyHliere marked. I believe the Newfoundland CJovernment has moved in the matter ; it would he desirable, however, to impress upon it the expediency of the provisions of the Merchant Shipping Act being strictly carried out with a view to checking the irregularities so frequently complained of by French and English officers alike. 5. As regards a complaint made by Capitainc de Frigate Eeculoux of alleged injury to Frciicli unoccupied rooms, the suggestion made by Captain Ilamond, that when a French room is not to be oecuined tlic following season the owTiers sliould be obliged to remove their stores and boats, would, I think, meet the case. 0. It will be observed from the inelosiu-es that French fishermen have again this ycnr been found netting salmon in the fresh waters of Ponds and Castor Ilivers, thereby preventing the fish ascending for spawning purposes. On Captain Campbell's repre- sentation Lieutenant dc Vaisseau Carpentier, of the " Crocodile," ordered these men to withdraw. 7. Captain Ilamond having directed Captain Campbell to gain all information as regards the working of the lobster factories, au exhaustive Report has been furnished by that officer. 1 continue firm in the conviction, which is fully shared by Captain Kamond, tliat the maintenance of the lobster-tinning industry is of the greatest possible benotit to the inhabitants of the coast, and that it does not by its competition interrupt the fishery of the J'rench. Each complaint made has been dealt with by Captain Ilamond on its individual merit. 8. The Reports which I have from time to time forwarded from Captain Ilamond will have shown their Lordsliips the highly satisfactory manner in Avhich he has acquitted himself of the delicate and responsible duties with which, for the third year, he had been intrusted. Honesty of purpose, sound sense, tact and temper, have characterized his proceedings, aud have had happy results, not the least so in having maintained relations of a most cordial character with his Freuch colleague. Commodore Humann, who, on his part, I am assured by Captain Ilamond, has been througiiout most courteous and kind. Captain Uumond speaks, and with reason, of the tact [269] 2 T) ; lit,' ' V 202 and disorction shown by Captain Canipboll, and of the zeal with which hotli lio and Lieutenant and ComnmncU'i* Ucarcroft, of the " Torward," have earned out their duties. I have, &f. (aij,'ncd) ALGERNON LYONS. Inclosuro 3 in No. 120. Captain Humond to Vive- Admiral Lyons. Sir, " Emerald," at Halifax, October 2fi, 1888. I HAVE the honour to forward herewith the Fishery Reports from Iltn* ^[ajesty's ships "Emerald," "Lily," and "Forward" for the past season. The eruizins-ground of the ships has been coniiued to the parts of the coast where the French have Treaty rights. 2. Captain Campbell and Lieutenant-Commander Rearcroft have carried out their duties with great zeal and to my cnMro satisfaction. Captain Campbell exercised especial tact and discrt!tion in his management of affairs at St. George's Ray, whoro the French schooners flocked for bait at the beginning of the season. Thanks to the good understanding between him and Capitaine de Fregate Rcculoux, of the " Drac," all difficult ies were avoided. 3. The Rait Rill has this season caused a feeling of irritation amongst the French fishing captains, chiefly on the west coast, with the result that various complaints, generally greatly exaggerated or without foundation, have been made. Corres[)ondon('e which passed between Commodore Huraann and myself on these matters has already been forwarded to you. •1. I have forwarded a full Report, compiled by Captain Campbell, of all lobstt>r factories, both English and French, established on the coast where the French have Treaty rights. ' 1 A. According to instructions received in your Memorandum of the 7th April, 1888, I forwarded a Report to you as to the marking of vessels belonging to Ncwfoimdland. I imdcrstand that orders have now been given by the Newfoundland Government to the Customs authorities ut the different ports to compel these decked Vessels to comply with the provisions of the Merchant Shipping Acts, viz., to have the nanies and ports of registry painted oii their sterns, and the names also on each bow. If this order is really enforced they can be easily identified, and it will servo as a check to the irregularities these vessels are sometimes guilty of. 5. Last spring the Legislature of Newfoundland passed an Act forbidding the use of cod-traps. This Act will como iu force in 1890. I believe it will eventually prove of great benefit to the Colony, and assist in restoring the shore fisheiy. It is also in harmony with the views of the French, who have repeatedly complained of the uso Of these fixed nets. 6. I have forwarded a full Report of unoccupied French rooms on the east coast of Newfoundland, madte' by Lieutenant-Commander Rearcroft, and which information, I think, will be useful for future guidance ; also correspondence l)etween Capitaine de Frigate Reculolix and Lieutenant-Commander Rearcroft, containing complaints made by the first-named officer of alleged injury to unoccupied French rooms by guardians of such rooms. These men had always been paid for looking after the rooms. As, latterly, they have been paid nothing they have in some instances partly remunerated themselves by selling old boats. Other guardians have thrown Uj< charge of roo'ms'fts they have not been piiid for their trouble. If the French do not pay people to look after their rooms and boats, weather alone will cause their ultimate destruction. I would suggest, when a French room is not to be reoccupied in the following season, the owners should be obliged to remove their stores and boats, as otherwise complaints of this nature will constantly occur. I spoke to Commodore Ilumann on the subject, and I gathered that he held the same opinion. 7. As stated in nay letter of the 24th instant, French fishermen have again this season netted salmon in the fresh waters of both I'ouds and Castor Rivers. 8; It was expected that in consequence of the Rait Act there would be an increase in the number of French fishermen on the coast, but there has been a slight decrease. Doubtless the Rait Act increases the diflftcuKies with which the officers employed on the coast have to deal. 1 believe it has very adversely att'ected the French Rank fishery, and that, in the possible event of a new arrangement, the withdrawal of this 203 Act mii^ht iitducc tho Kronuli to miike muoli fiuther concohsiuu than they Imve lioea |nv|mrc(l to on foriiuu" occiisions. S>. Two French veHselH wore seized and coiidtMimed in the Newfoundhmd Court for inl'riuseinents of the Unit Act on tlie south coast. 'I'lie JudL^inuut was appealed against, and tlie Hnal result is not yet known. 10. During this season, as in the last, T have met with tho greatest courtesy from Commodore llumann, and a mutual good uiulerstanding has existed hetween tho Jjiglish and French olUcers. T have, &c, (Signed) lUClIU. U. IIAAIOND. 1 Inclosure i in No. 120. General Remarks. THE Bank fishery this season has not bceu so good as last year, but the price of cod has increased. The cod-fishing on the north-east and west coasts has heen good, and I notice an improvement in the condition of tho people. On the west coast, where lobster factories exist, their prospects are certainly better, and a desire is shown to clear land and keep cows and sheep. The Newfoundland Government has notified that in future no winter relief will be given. Tho system was a bad one, and calculated to render the people idle and improvident. At the same time I think that help judiciously given in the way of seeds and implements would greatly assist the poorest people. Herring resort in immense numbers to the shores, and throughout tho year they arc to be taken on one portion of the coast or another. They arc salted and exported, hut no better form of ciu'ing them has heretofore been successfully carried out. One often hears complaints on vi&iting a port of the scarcity of bait, which porliaps a week previously was swarming in the bay. Building ice-houses and storing bait in them would greatly help the fishing, but tho ignorance of the people in these matters is the chief difficulty. (Signed) RICHD. II. II AMOK D, Captain and Senior Officer. Inclosure 5 in No. 120. Captain Campbell to Captain Hamond. Sir, " Lily," at Chanr}el, Newfoundland, October 10, 1888. IN forwarding the Fishery Report on the Avest coast of Newfoundland for the season of 1888, I have the honour to remark as follows : — 1. The take of cod has fallen off in some ])laces, but on the Avliole is above the average. At Red Island the French have had tlie best season known for some years. 2. The take of herring has been very good throughout, the increase in the Ray of St. George's alone being 20,000 barrels on the take of 1887. 3. The French have been badly off for bait, both on the Ranks and on that small ))ortion of the west coast where they have fishery establishments. i, There have been ten brigs and schooners, besides the barque " Pugct," manned hy 510 men all told, employed by ]Messrs. Anatole and Auguste Lemoiue, Rros., and Ouibcrt et Fils, of St. Malo. 5. The weather has been one succession of gales and fogs, especially the second fniize from the 1st September. 0. The British and French lobster factories have been dealt with in separate Reports. 7. Notwithstanding the constant protest of the French against the appointment hy the Government of St. John's of Magistrates on this coast, there have been four crises this season where Fi-cnch captains have appealed to the very Magistrates lor the apprehension of their deserters— one at Bay of Islands, and three at Bay of St. George. 8. Except those cases especially reported, there have been no complaints on either 1269, 2 D 2 ■; 1 ! I'- \ 1 : r i«j Iff •: 1 , . 1 1 if. \y-. 1/ "t 1^ ■■•Jfi:^ . i : ; i 1:" 1 ■ . 1 :* i 1- li ■^ 1 ' >■ i .1^ i ; M ■:l KM sido, and tl>o rnlenle cord'uile hotwpon tho ofllfors anil tnon «»f this ship and our colloni^iu's has lifcn most inarkod throughout. U. Tlu' fanvas tank lins provod most useful nud fcotiomicnl, and with a constant uso of sail power has hcon tho means of exeeuting tho service on a very small con- sumption of eoal. I have, t&e. (Si!,'ncd) CriARLKS CAMPIU^LL. Inclosuro in No. 120. Lieutfiiiinl liearcroft to Captain Ilumnnil. Sir, " Forward," St. John's, Newfoundland, October 11, 1888. IN forwarding my Fishery Ileport, T have the honour to make the following,' remarks : — 2 The lishery this season between Cape St. .John and Cape Norman, thou'fh not good, liMs been genenilly better than last year. About JIa-lla Hay and Cape Onion it has been better than in most other places, .'$. 'i'iie e;iteh of lobster by French llshermen in White May is reported as poor. The cireumstances attending the erection of a factory at Southern Arm has been ah'cady reported. 4. The complaints made to me by the Captain of the French man-of-war " Drae" as to the allegcci destruction of French property at Cape Itoiige Harbour, and the removal of boats from Kirpon and Mauve JJay, have also been the subject of special correspondence. ."). At St. Anthony and Canada Hay a strong feeling was expressed by the flshermou against the use of " bultows " for the coast fisheries, and at both places the majority were in favour of doing away with them. ('». The scluxmers going to and from the Tiabrador coast seem to crowd any ports whore lisli are likely to be caught, to the great detriment of the inhabitants' of the yottlements. 7. Several French Hankers were met with at the dillVnMit jiorts searching for bait, and it is rumoured that an old room in Crenudliere Harbour is to be occupied next year with the objcL't of baiting ships for the Hank lishery. I have, &c. (Signed) .lOllN F. MKAUCIIOFT. Inclosuro 7 in No. 1 20. Captain IJamond to Vice-Admiral Lijons. Sir, " Emerald," at Halifax, October 21., 1^88. T II.W'E tho honour to forward herewith Reports on both English and French lobster factories on the west coast of Newfoundland. In the early jiart of the past season I dir(>ctcd Captain Campbell, as mentioned in my letter of the 2l.th .lune, to gain all information ho could on the subject, and the inclosed Reports show that he has most carefully and thoroughly done so. It will be seen from the Reports on the English factories how this industry has grown, and of what great value it is to the inhabitants of the coast, a iact that I have pointed out in former letters. 2. Captain Campbell reported to mo in his letter of the 24th .Inly, 1888, that the French lobster factory at Rarrcd Bay was a permanent building with an iron roof. As I understood that the whole matter of lobster factories was under the consideration of the English and French Governments, I did not doom it of sutrieient importance to make a special Jleport of it at tho time, but mention the fact to you now. ;}. There is oiu? French lobster factory in Southern Arm, White Ray, cast coast of Ncwfoiuidland, which was set up this year. 4. I inclose with those Reports the correspondence between Capitaino do Fregatc Reculoux, of tho " Drac," and Lieutenant-Commander Bcarcroft, with reference to White Hay. I would point out that Captain Reculoux, in his claim to have the English lobster factory, which had just boon erected in Western Arm, stopped com- mencing operations, states " that all the harbours in White Hay arc occupied by lip and our 111 n constant y snuill con- Ml'HKLL. 203 Krcm-li Hl one at I'ort Saunders in 1831. {b.) The industry then seems to have attracted more Nova Scotiaus. (f.) ^Messrs. I'ayzaut and Eraser, who built a larije factory on Woody Toiut, Honno Hay, and later on ^fr. Carter and Mr. Neville and ^Messrs. Stabb aud lloacii, who all built in Hay of Islands. y\i: J. Cairns, of Trinco Edward Island, Mr. IJ.-.inI, of St. .hdin's, Ncwtonndland, started in and about Port-u-l'ort ; and llie local iuhabitauts of Bay St. Cleorgo have started numerous lactories, and are lishinu; tliat district. (f/.) The numbers rose to sixteen in 1887, and at the close of this season there are twenty-six factories at work, employiii!? a total of about 100, from Nova Scotia and Prince Edward Island, and about 1,000 natives. 2. Process. — The factories are worked on the same principle tlir()U<;liout ; their cannin<^ capacity varying with their size and tlu; number of hands employed. (a.) They usually consist of a boiling and bath room, and a packing-room, cook- house, and sleeping apartment for girls. (6.) L(d)sters are taken in three ways ; the first and most common is by buoyed Hues of cages. — Figure 1. ' Secondly. — By hand trap, a circular hoop of iron with a net stretched across it, U])on which are fastened three or more herrings. — Fij^urc 2. ^L., 1 ptjfl---^ 1 (c.) This trap is important, as it could perfectly well be used when the cages justifiably interfere with the Treaty rights of the French ; and, thirdly, handed by " claw nipping " in shallow water. (f/.) In this way as many as 1,000 have been taken in one day by cue boat. :^i 2 I ■ft £f 206 i f (e.) Local fishcnnen, assisted on the rougher portions of the '6onst by* men firom Nova Scotia, work the traps, &c., along the parts which feed their particular factory, and deliver them at tlie pier, or to tlie collecting schooners, at 70 to 80 cents per 100, which may he said to bo the cost of the raw material. (/.) The lobsters arc then handed in and boiled for half-an-hour, after which they go to a smasher, who breaks the claws and takes out the meat, which is then washed and packed in the tins by one set of girls, another set then dry the edges of the tins for soldering, which are then closed up and bathed for an hour and a-half, tlien punctured to let out the vapour, and again bathed for a second period of the same duration. ig.) The tins arc then packed in four-dozen eases, and are mostly shipped to Halifax and St. John's without being labelled, with the exception of Messrs. Payzant and Frazcr's factory at Honne Bay, Avhich varnishes and labels on the spot. (/(.) The cost of building varies, but it may be roughly estimated at from 2,000 to 3,000 dollars, and the dailv cost of maintenance may bo roughly stated to average G to 8 dollars. (/.) The value of a case at present is (i dol. 25 c, and the prolit ivom a dollar to 2 dollars a case in average years. (;.) Generally the " take " is sold or mortgaged to the outfitter, before the season commences. 3. The lobster industry has become, and will become more and more, year by y(>ar, the mainstay of the inhabitants of the Avest coast of Newfoundland ; it employs men, Avomen, nnd children, winter and summer. (a.) Trapping lobsters ])ays better than fishing for cod, is far more regular, and gives the fishermen a " night in bed." Tiiis to some extent accounts for the falling-ofl" in the local takes of cod. (b.) Nothing but a pei'sonal inspection can give any idea of the good the factories are doing along the whole of the west coast, and of the number of men, women, and children that are dependent upon them ; it would send the whole coast back to ruin and starvation if this industry were suppressed, or even curtailed. (c.) The profits are not so great to the owners as is supposed, but the people Ijenelit all the same, and the Government has tlius a most magnificent system of out- door relief for its poor, with all risks taken and the capital found. i. French Interference. — There is only one factory on the whole coast which can possibly in any way interfere with the temporary fishing rights of the Trench. It is situated on " Two-IIill Point," inside Port Saunders, and it has been in the habit of purchasing lobsters from the local fishermen who set tlieir traps in the bays and along the shore; practically from Gargamelle Cove to about a mile to tlie northward of Mai ]}ay. (rt.) Part of the coast thus fished is undoubtedly used by the men from th(> French rooms at Port-au-Choix, Barbese, and Savage Island to seine and bar herring for bait, but only at certain times and in certain places, notably Keppel Harbour, in June and July. (6.) It was the bad arrangement of the manager and the local fishermen in setting their traps after the arrival of the Frenchmen which gave Captains Belin and Villala (agents for ,Vugust(! Lcmoine and Guibert et Fils) an apparent ground for complaining "that the cages along the shore from Mai Bay to Point Riche ])revent them from provisioning themselves with bait on the appearance of the various schools of licrring, capelin, squid, &c., during the fishery season, and that when lliey attempt to seine for bait gave them an excuse i'or complaint that their nets are destroyed." (f.) The justice of their demand w.is so far allowed this season by yor, that the fishermen who supply tlie Port Saunders factory were limited to a very small lolister area, and the harbours and bays complained of were prohibited. {(l.) Notwithstanding this ])rohiljition, I have been able to ascertain that since your order the bays in question liave not been fished by the French for bait. (e.) The real reasons why Captains Belin and Villala wish to prevent the fislier- men Avho trap for this factory fi'om setting thi'ir traps are : — (1.) Personal animosity to Mr. Shearer, the manager, tlie reason for which is difficult to arrive at, but it was in connection witli the jnirehase of bait. (2.) If they could get this factory dosed, they would b(! enabled to feed their own small boiling-houses at a cheap rate, through the lislicrmen who work on the prohibited coast, and possibly set up themselves at Port Saunders. (/.) Tlie lolister factory at Port Saunders is unfortunately situated, in so far that it is about 10 miles from the French I'ooms at Port-au-('iu)i,\ ; but there is no just 207 ■ •■• If, |3 L a dollar to tbc season reason for elosinjf it, and niulcr proper ro^trictioiis, which could bo regulated annually "l)y tiie w(>st-cnast ship or Senior OfTicer, tliero can bo no possible gfround for complaint on the pnrt of tlio French. ((J ) Tn September this year !^[r. Shearer pulled down half of hiscannini? buildini^s, and transplanted them to the north of Cnstors River, a place not fished at present, leaving sufUcient sheds iit Port Saunders to carry on the industry on a reduced scale suitable to the curtailed lobster fishing-ground. 5. In compliance with your IVremorandum dated the 10th June, 1888, I have carefully investigated the Black Duck Hrook (No. 8 on Chart) trawl cutting case {vide special letter No. 2 of the 22nd June) on the 18th and I'Jth June. Tlicre is not, and cannot be, any just complaint against this factory; but on my last visit Mr. Halliburton told mo, in conversation, that ho intended to move nortli of Uonne May early next season. («.) No other factory on the west coast is near to any French fishing-station, or can in any way interfere with their Treaty rights, and none other has ever been complained of. 0. After the most careful and repeated inspcctimploying 510 fishermen," -w'lo fish this coast, complain that they are hindered in obtaining bait at one spot (they themselves having four lobster factories working), would l)c as cruel as it would be unjustifiable on the part of these two firms to demand it. 7. Your thorough knowledge of (liis coast will, I ventvire to hope, enable you to bear nio out in my statement that there exist at this moment fixed settlements and fixed fishery establishments all along tho line of coast from Cape Hay to Cape St. John, on which the French riglits extend, and not only do they exist without protest, but M'ith even greater harmony than is usual between rival settlements of the same nationality. (ff.) Accortling to the present policy and manner of working the fishery on tiu^ west coast, these settlements are permitted and recognized where they do not interrupt by their competition the fishciy of the Frenchj and should there bo any complaint as to any particular settlement or locality, it is, by your instructions, reported to you, and dealt with on its individual merits. (h.) This manner of treating the fishery settlements has been this season, by your orders, extended to the lobster factories, and I would advocate, with all tlic fervoiu* at my command, that Ilcr Majesty's Government sanction this means of dealing w ith tho difficulty caused by the uniTasonable demand of the French to crush a thriving industry on a starving coast, where it in no possible way interferes by competition with their fishermen. 8. I have prepared the accompany ii>g Chart in order to show clearly tlie position of the factories with reference to tiic French rooms on the west coast. 9. Chse Season, — I am informed that tho Logislatiu'e of NewfoundLand contem- plate a close season from the end of July, and I would beg to point out tliat Ix^twoen tl»o third week in July and the third week in August the lobsters go through a process of changing shells, during which time they lay by, and do not crawl into the traps, and if caught arc thrown back, but after the 20th to 26th August they come on strong during September and October, which, except for tho weather, are the two best months of the year. 10. If the factories arc closed either at the end of July or August, it will not be worth while to open them at all. Tiiey open, as a rule, on tho 8th to 12th June, auil close during October, the ice period establishing a close season of its own. .. . .u i.ti for which is Inclosure 9 in No. 120. ■Memorandum. — [Vide accompanyimj Chart.) NO. 1. Cod Roy, owned by Mr. MoDougal, is the most southern factory on tliat part of the coast where the French have certain Treaty rights of fishing. It was closed on account of bad weather and scarcity of loksters. No. 3. Next in order, going north, is a factory owned by >[r. E. Leroux, trader, of Sandy Point, Ray of St. George, a Frenchman wlio left his country to evade I ;] t i 208 I t i < i ti..i conscriplion.Miid beoaiiK^ a native of Ncvvfoimdland ; ho omploys about tlility hands at the liis»hlands luvir Cape Aiii;iiillt\ and is doinif fairly well. No. ,'l. A few miles to the northward aj^ain jMr. C. II. BisLop, trader and I'ostmaster of Sandy I'oint, has a faetory at Crahhs Urook on about the same seale. No. i. At Sandy Point, belun^s to Mr. E. Leroux, emph)ys about twenty hands. 'L'his faetory does not open until after the herring and the French schooners have left riat Bay. No. 5. On the south side of Flat Bay, belongs to Mr. N. Butt, trader, a native of iSandy Point ; he employs about twenty hands, and does not open until after the French leave. No. (i. The Gravels, Bay of St. t7eorge, owned by ^Messrs. Abbott and Ilill, natives of Newfoundland. 'J'hey were obliged to elose at the end of July owing to scarcity of loltslers, having little more than paid their eviu'iises. No. 7. (Jape (Jeorge. Tl\is faetory also l)el()ngs to ^[essrs. Abbott and Hill; the llshing-ground is very open and exposed to the south-west gales, l)ut has made a fair profit. No. 8. Blaek Duck Jh-ook, or Shoal Cove Factory, owned by ^fr. James Baird, of St. John's, Newfoundland. Tiie fishermen who supply it lish the outer coast of Long Point, Port-a-l*oit, and are also at the merey of the weather. The French from lied Island, IS miles away, complain that tin; traps off Shoal Cove interfered with their seining for hei'ring, and they laiuled at Blaek Duck Brook, and cut some of the trawls. Their complaint was ])ro\ed to be ridiculous, and I am informed they were punished for the outrage committed. The manager, Mr. .lohn Halliburton, informed me he would move further north next s(>ason. No. !). Tiie Giavels, Pin-t-a-Piu't, is also owned by ^fr. James Baird. Cans salmon and lobsters. It is situated on the inside of the Gravels, and lishes the harbour of Port-.a-Port. 'i'hcy had a lairly good season. No. 10. Middle I'oint, Port-a-Port. This factory is in ruir.s, and need no longer be taken into account. No. n. Long Point. This factory is owned by ^Ir. J. Cairns, of Prince Edward Island. ]le employs about sixty men, but does not open until after the departm'c of two schooi\ers from J{ed Island, who leave towards the end ot June. No. 12. M'-oad Cove HluiV Head, also owned by Mr. J. Cairns, has done well, but not quite as well as in 1^87. No. l.'{. Bay of Islands. This factory is situated on the eastern extremity of Wood Island, and is owned by Mr. Carter, an enterprising resident of They have only canned half the numb(>r of eases that they reached in 1887. No. 11. Bay ot Islands, also on AVood Island, in Thibaut Cove. A Mr. Neville is managing for a Ifalil'ax luni ; (his is their first year, and they have done little more than pay expenses. No'. 15. Bay of Islands, Liverpool Cove. 'J'his factory also belongs to !Mr. Carter. It was opened for a short time in 1S87, but did not pay, and was again tried in July this year, with no better result. I doubt its being opened again. No. IG, Bay of Islands. Lark Harbour, owned by Mr. Forscy, from Grand Bank. It was burned down last year, but rebuilt before the commencement of this season, during which it has done fairly well. No. 17. Bay of Islands. North side Crabbs Brook, owned by Messrs. Stabb and Roach, the former from St. John's. They arc outfitted and send all their cans to Halifax, It is feared that the firm who lit them out may fail. No. is. Outside Bay of Islands, near North Head, known as Shoal Point, also owned by ^[essrs. Stabb and Iloaeh. As is the case with almost all the lobster fishing they have the advantage of the sea fishing an 1 quantity of lobsters, with the disadvantage of being open to all weather. They lind that they are obliged to get Nova Scotian iisliermen for the rougher portions. I was obliged to lind fault with No. IS on account of the accumulation of offal on the beach, and the overcrowding of the girls' shed, but 1 am glad to report that on my second visit I observed that both these faults had been remedied. No. ]'.). AN'oody Point, IJonny Bay, owned by ^Messrs. Payzant and Frascr, of IJaliia.x. This is one of the most complete and well-built factories on the coast. It is situated in the middle of tlu! large fi.xed fishing settlement of Woody Point, and with the aid of three small hired schooners fishes the coast from J?onne Bay northwards, and what they can take inside, which gets yeai-ly less. They are not doing so well this year, owing to traps being three years old. They take 200 tons of wood annually from natives, at about 2 dollars a cord, thus giving winter employment. m 209 cod no longer lone well, but They aro the- only firm who varnisli and label their cans on the sj)ot. A lar<;e sehoonor iK'longinu; to the firm riina between Halifax and the factories. No. 20. Sally Point lies between Bonne Bay and St. Panl's Bay. It has only been erected this year, but should do Well in 1881). Owners, Messrs. Payzant and "Prazer. No. 21. St. Paul's Bay. This also belongs to Messi-s. Payzant and Frazer, and has taken more lobsters than any other factory on the coast this season. When there aro too many Ijei'c the surplus is sent to Bonne Bay. No. 22. C>• e^ to ■V5 • vr. • . .00= .a - • 'A -Z. Otf^^ ovaoNJo-^^aoTitfSQootD '^F^aiX tooi*eeot« 5_ ^i " N © ^ 0» rt ^ O 00 ■^ <-• 'uSjOjnj -1 - o _^ S5- » «o 01 ^^ i< i? I _= »••••; 'i JS 2i J= J " J3 K -Sox 11 -J. aao a.tn CSm S ,-j^3" .=...=-, J "i J "^ •'* -a* c^ai^a I -i .-.'3 -^IS^I :S. = --|.=S Isjil _ c» ifairtOtooeo :8., "S aa ;-- « £ MJ< e .= ~" u - .r'' ¥» 5 1SS5! * O — t) ^ S <» ^ >>a« 9 nil rill siliit^ » 1 1: * .SP S J usli j e« 3" o -s 09 n o -s 09 !*i 1- a. [269] My tnglim ftctories.— KtcriD. H. Hamond. 2 E 2 •i STPA^ t^^.^to'^ 60 PORT AU CHOIX (4- French Rooms) GAKQAMELL KEPKL French from Port fish the mo River for Sdlrrwn. )C0M COIV HeAO/ r ST PAULS BAY 20 iSALLY P[ftNr ■S' I8( Woody Poihx MAL Alt Choix. of this COKE 50 48 ^y COOROY 62" 60 (/4^00. 6/30. 1196 ) F. 0. Z69. ll-iiriSv.i \ ;_iOi... i.j.i o. It.'U;!'.'' .'.'. ST PAULS BAY '-^-^ PLAN OF THE ,S "=* occitpied by French durina inkers came for Bail Uv 1Se8. WEST COAST OF NEWFOUNDUND, SHOWING BRITISH LOBSTER FA CTORIES. FRENCH ROOMS LAK£. TEMPORARY FISHING GROUND • BLUE BLACK LINE OPEN TO BRITISH Kay. 48 l!-ii:is...i \ ooi... i.. I'.i o. li.'ii;!''- J .!:■.- fi 1 m^ \ '^\ ( V* ' G-i' > Stl InoloBure 11 in No. 126. Chart. Inclosuro 12 in No. 126. Captain Campbell to Captain Hamond. (Extract.) " Lily," at Channel, Nevfoundlaml, October 10, 1888. IN coin^)lianco with my sailing onlors of tlie 21)th August, with reference to the lobster factories established by the French on the west const of Newfoundland, I have the honour to report as follows : — Five years a^ a small ))oiling-shcd was set up on the right-hand side going out of Port-au-Clioix, by O-'lhert et Fils, of St. Pierre and St. Maio; tins were imported from Emnee, and an attempt was made to copy the lobster canning at that time in full swing at St. Harbe's and Brig Hay.* One, two, or three boats, as they could be spared from the cod fishery, were oraj)loycd to cateli lobsters, and the cases were taken to France on the return of the brigs and schooners. Not to bo outdone, Auguste Ijomoinc started a similar establishment on their side of Port-au-Choix Harbour, on about tiic same scale, capable of canning 300 cases a-ycar at their best. They fish along the coast from Point Riche to Old Port-au-Choix. Tlie following year Anatoln licmoine, who fishes St. .John's Islands, erected a small boiling-honsc? on the left bank going into Sesostris Hay, and started canning there, and Captain Damcron, of the barque *' Puget," as his agent, built a roofed shed at the head of Old Port-au-Choix. This roof, being contrary to Treaty, was removed by order of the French " Chef de Division Navalo," and only the skeleton now remains, but Captain Damoron removed with his roof to Parred Bay, St. John's Island, where bis barque, the " Puget," was and is still moored, and the only building which can be termed a lobsts factory was erected. The following year bricks and mortar were brought from France, and a permanent store added to the factory. The " Pug(!t " and crew from this date devoted their time to the lobster industry, assisted by some of the local fishermen and a few foreign girls, who pack the cans. The Barred Hay factory is the only French factory on this coast doing real lobster business, and this year it has reached 1,000 cases. Taking into consideration the inci-eased expenses of maintaining the " Puget " and crew, bringing out stores, &c., the profit for 1888 may have reached 100/., but certainly not much more. It is built contrary to Treaty rights, as reported in my special letter of the 24th July. On the d-th September, when bidding me good-bye at Port Saunders, Commander lleculoux, of the aviso transport " Drac," informed me that lie was the bearer of ordere to Captain Dan;eron to remove the corrugated iron roof and permanent building, but a fortnight after die French ships of war had sailed from St. Pierre for France, and a few days before Captain Dameron's departure, I made a special visit to Barred Bay, and found that there had been no alteration made, neither did there appear to bo any intention of carrying out the orders I had been assured were given. I ventui-e to hope I may be permitted to point out, as is clearly proved by the accompanying statistical Tables, showing Biitish take as 27,880 cases, as against French 2,600, that whereas the suppression of the French lobster factories would scarcely affect the Brothers Lemoino or Guibert Fils, let alone France, the suppression of the British factories Avould renew the fearful misery so often and so strongly represented by the British naval oflicers who have had charge of the fishery on this coast, which misery is now so happily averted by the apparently ever-increasing swarms of lobsters which infest the sliore. It would, therefore, bo a heavy sacrifice on our part to remove the lobster factories along the west coast, in order to prevent these two firms from canning 2,500 cases of lobstei's per annum, and I doubt if they will do that for long. r ; I [269] * By Englitb factories. — Riciio. II. Hamond. 2 E 2 .1 ■ V M^: t i {{' !i 212 If I tni^lit venture to MU^^i^oHt ii lino of policy with n^fiTcnco to tlio Firiich lohstor factories, it would l)o to rccojfnize them under eertiiin conditionN and laws for their guidaiwe, and ohtain an eciuivah'iit concession in return. I can Si-arcely think they would do more harm to our inierests than a French ilrnj setting up husmcss in London would to its ordinary rivals in trade. Then let the Captains ol" Her Majesty's cruizers deal with individual eases with reference to Uritish factories as they occur, torwardin^ Heports as heretofore, and await the reduction or alxdition of the hounty, which is inevitahle as soon as the I'reiich nation heconu- aware of that which is already known t(» their naval ollicers, viz., that ♦he lishermen hrcd on the banks and shon's of Newfoundland are next to useless in a modern iron-clad. I have not heard of any intention on the part of the Freiu-h tooreet n(>w Imildini^s or stiirt more factories on this coast, and 1 feel conUdent that the poor success of thos(> existing will not encoumge u fresh outlay of capital. Inclosure l.T in No. 120. 'rvni-K of French Jjohster l-'actories working in 188K on the West Const of Newfoundland. No. Nanir of ri»i'i'. Ustr (if VI,U. OwniTM. Pro 111. MaiUKtTi. Nuiiitffr inipliiynl (Ht.ll, I8H7. Ciili'li, IKHH. 1 Pnrt-au.Choix .. Frequcniljr. . AuKUita Lrnioinp., St. M*lo . . , Captain lialin Mo S Ca«cii. 320 CnM-D. .100 2 Porl-iu-Choix .. Ouibcrt at Fill . . .. . Captain Viilala ,. 1 to 7 290 '.'.•.0 3 St. John Uarbour. . ,. Anatolc L«niiiiiie . . .. . Captain Lanclgnn. . 4 to ; .100 .11111 4 lUm'd Ha;, St. Juhii liluii 1 Analnir (.t-ninine , . Captain Danieron . . fiO l..^00 l.ti(NI 7.-. , 2,410 2,4^0 liemarkt.—\ery difficult to gi't iUe rxnct truth about the catrh, but tttcM t^guri"* mijr tic takrti nt I'airly ui-curato. (Signed) CUARLES CAMFUFLL, Captain. Inclosure 11 iu No. 12G. Lieutenant-Commander liearcrofl to Captain Hamond. SJP^ " Forward" Howe Harbour, Hare liaij, July 2, 1H8H. I HAVE the honour to inclose a letter addressed to mo by Capitaine do Frcgate Rcculoux, Commandant of the aviso - transport - Drac," and copy of my reply thereto. 2. With regard to this letter, dated the 25th June, 18H8, I ])ro(!eeded to Hauling Arm, White Bay, on the 28th June, where I met the " Unic," ami i-eceived the letter mentioned. 3. Ifaving satisfied myself that the working of the lobster factoiy referred to in M. Reculoux's letter W(Mild interrupt, by comp«>tilion, the tisberies of the FrtMu^h, T gave Mr. John Murphy, the manager, a notice (copy inclosed) that his fisbi:ig must be discontinued. 1. On the 3()tb June 1 j)rocec(led to Southern Arm, to which place the " Drac " also went, and, in ecmipany with Captain Rcculoux, visited the buildings erected there by the French, and found them to consist of two light wooden sheds, one covered Avitb canvas, where boiling and canning of lobsters was being carried on. There were, besides, a few log huts for dwelling purposes. All the buildings are of the same kind as those used by French tlsbermen at other places on the coast. j. My reply to M. Recubmx's letter fully explains the result of my inquiries at the time, and I purpose visiting Conche again as soon as conveui(>nt, with a view ol |)rosecuting them further. I bav(>, itc. (Signed) JOHN E. BEARCROFT. to mak» fioveriu I U) Croc >^lioul Jill iiwail viz., tliiit less iiv n l)uil(liiii;s s of tliosr tof 1.1.. 87. t'liti'li, IKHX. 32" .100 230 ■,;.■>» 300 .11111 ,.%00 l.tioo . „._— ^ ,410 2.150 , Cnplain. ,j 2, 1H8H. (\c Fri'guto my reply to llanlini? [d the letter lefevrecl to in Ithe Fn-neh, |»i:iS must he Ithe "Brae" Vrt'oted there loovered with There were, le same kintl inquiries at |th a view of illCIlOFr. Inulosuro 1& in No. 126. Caplain Reculouj lit lAeuteniinl-Cnmmiindtr limircrofl, 51. In Commandant, " Ihav," h 25 Juin, 1HH8. .T'AI riionnenr de vous informer i|u'nn habitant de Snint-.Jean eonstruit, en ee moment, nne faetorerie de homards duns le havre de llaiilini; (pii est oeeupe, ainsi (jue tons les havres de la liiiie itianehu, par des pecheurs Fran<;ais. ('ette faeton'rie, eleve(! eontrairement h toutes les prest-riptions de Traites, Deehi- ralions, el I'roelamations du (Jouvernetnent ltritanni(ine, snr la partie de la cAti; de Terre-Nenve n'servee aux l''ran(;ais, eanserait, a ros derniers, d(' ijrandes dilUcultes et de serieux (lonnna^es dans I'exereiee de lenrs droits de pcVhe. .Te viens done vous prier de vouloir hien donner des ordres pour enipei-her Touverture et le fonetionnemen* de eette faetorerie. .I'ai (sn voti-e ah.senee prev(?nu le proprietaire de eel (''tahlissemenl (ju'il n'avait pas le droit de peelie pendant eette saison et (jne je ferais ajtpel a votre autorite pour I'oblif^er a respeeter un droit (jui est revetn de la siijnature do nos deux (Jouverne- mcnts. •Te pensais vous trouver au monilla^e du havre de llaulin*;. Je suis ol)li<;e do mc rendre n la Haieheraient ])onr lui, mcnt, eri'etins;; a lobster factory in Hauling Harbour, which is, like all harbours ia White liay, occupied by French tishermcn. This factory, ei*eet<'d as it is in eontravention to all Treaty Rci,'ulations, Deelara- tions, and Proclamations of the British Government, on that part of the coast of Newfoundland which is reserved for the use of Frenchmen, would cause the latter great diflieulties and serious losses in the exercise of their fishery rights. Jlence, I bej» that you will issue orders to prevent the opening and working of this factory. I have, in your absence, informed the proprietor of this establishment that he had no right to lish during this season, and that I should appeal to your authority in order to make him respect a right which was guaranteed unchT the signature of both our Governments. I expected to And you in the roadstead of Hauling Harbour. 1 am obliged to go to Croc Bay, but I shall return to this port after an absence of only four days, and I should feel much gratilied if I could meet you here. 1 am, &e. (Signed) A. RECULOUX. Remarks. — The proprietor of the factory established in this harbour told me that natives would lish for bim, but that he him.self would not fish. The same reason has been pleaiUnl by the proprietor of a factory on the west coast. Tin's contention is inadmissible, and it has been treated as siu-h by both the Ccmunanders of our respective naval s(|uadrons. The natives have no more right than foreigners to interfere with French fishermen in their lisheries on this part of the coast of Newfoundland. A. R. 'M !•'. :. t h\:\ « . -I I 1^1 I 'I 214 Invloauro 16 in No. 120. Litutmant'Commumder Unrrio/t to Captain Rnuloiu. 8!r, Haulinij Arm, tVhitf Hay, Junf 20. 1888. I HAVE tlic lionoiir to ncknowltHlfrc 1Im> rifcipt of your lottf-r, dnbxl tlio 26th Juni', 1HH8, havinff rcforoncc to tho frct'tion of n lobntur fiicfory in llauliiij^Arm, Whit<' May. I have given dircctionH to tho manngt'r that flHiiiiii; for lohstrrH and woriting tin* factory Ih not to bo onrricd on, and ho han inforinnl me that h<^ inlondH to remove fn»m this part of the eoast aH ttoon aH poaMihh*. 1 iiave tiu> honour to inidose a copy of a notice given to him. "Witii. &e. (Signed) .1011. \ E. UKARCROFT. 1' J n .' inelosure 17 in No. 120. Lieuteuinit-t'oiir.iunder Urtinrn/t to Afr. ./. Minpliy. Wlil')UEA.S tlie riuiht ol llshiiii; enjoyed hy I'rench subjcetN will be interrupted inlerl'ercd witli by tlie lishini; lor lobsters and workitii^ol" liietoricsoii the ea.st side of White Jtay, I hereby i,'ive you iioliee that lisliing fur lobsters and working the factory iiudcr your management is tr) be discontinued. (liven under my iiand on boanl Her .Majesty's ship " Forward, " at Hauling .Vrm. Wbito Hav, this 21)tli day of .lune, issH. (Si^Mled) .TOHN M. IMlAltCUOI-T. am Hu'losure IS in No. 120. Ciiptiiin lliimond to lice- Admiral Lynnn. 8ir, " Enifrai:," at lldi/fu, Ortoher '2'>, 188H. T HAVK the honour to forward eorri'sp(mdence between Captain Campbell, of Her A[aj(>sty's ship " Lily." and liieut(>nant de Vaissoau Carpentier, of the "Crocodile." I regret that the latter (illieer did not personally inquire into thise complaints, as f have no doubt be would have found, as ('ai)tain Campbell did, that lliey were greatly exaggcrjitcd statements, and in i^reat part false. On my arrival at Hawke Hay on the 31st .luly, I issued a written onh'r to the inhabitants of (Jarganu'lh? Cove, forbidding them to set lobster trawls there, as this place is near Tort-au-Choix, where the French arc established. Vou will observe that again this year French tlsluirmen were found lishing for salmon in the fresh water of Foiids Hiver, and also in the mouth of ji lake aitov(; Castors River, aiul although Lieutenant de Vaisseau Carpentier forbade them to ih) so, yet by that date tht.' run of sabnon was pr(d)ably over, and the duiuayc ilone in preventing them ascending to their spawniug-beds. I have. Sic. (Signed) lUClll). H. HA.MOND. [ndosure 11) in No. l"-'(». Cnmmandir Cniiiphell to Lieulennnl Ciirpentier. Sir, " Lily" Port Hmndirs, July 9, 1888. 1 II.VVJ-; the honour to acknowledge the rtccipt of your letter of the 0th instant. I much regret that yc)U omitted to furnish mc with the necessary data to enable me to discover the nets and trawls complained of. I luive myself diligently searched Kej)pcl Harbour, and 1 may safely state that there is nothing there of any kind, either belonging to Mr. Slicarer or any one else, •IS , 1888. inn Arm, kinj? the lovo fmiii •opy of a UOFT. ntovruiitod I'list sidi' "I" Ihi! raclory uliiii; Am. CROFT. '., IHHH. amnltoU, ol' aints. Its f i« 1,'n'atly ,V»'l" lay nil tlu' furliitUlini; tlid Vrciich lishin« for liiki^ above •m to do so, lire il4)no in AM()N1>- hi 0, 1888. of the Gth lata to enable My state that any one else, tliat eoiild |N)fHil)ly interfere with tin' lUiiinff riHlitn of your countrymen, if tliey IInIwhI then'. I have, &t'. (Signed) CHARLES CAMlMlKhL. IneloHure 20 in No. 120. Commander Campbell to lAeutenant Carpenlier, 8lr. •' LIhi" II f Port-au.Choir, JuUj 10, IHHH. I II.VVK (lie honour to hrin^ to your notice that, on iiiMpeetion of I'ondN Itiver, Mai Hay, this niornini;, I found a Kreneh tisherinan with two salmon-netN Met inside the river, in (lie deep channel, each of them reaehill^ half-way acrusH the river. 2. I informed him that he had no riicht to Hot them, and told him I would inform vou that he was llshinir illegally, and that 1 would ask you to have his nets removed. llopin^ this will not inconvenience vou in anv wav, 1 have, &e. * (Sinned) ■ rilAllLKS CA.Ml'HELL. Ineh)Hiire 21 in No. 120. Livutenant Ciirpentier In Commander Campbell. M. I(f Commandant, hr " Crocodilr," Porlau-Cbcir, le 10 Juillel, 1889. il'AI riionneur de voiis adresscr la co]ii(' d'niu- nouvelle plainte qui m'a et(5 faitc par nos jH-cheurs, c|ui sinit anvtes dans |eur.s operations par Ics Hlots u saumons et les easiers de I'lisine Shearer, i]ni encoinhrent toiite la cote depuis Mai Hay jusiiuVi la Pointe llielie. Notamment ii (larnainclle, iin Sieur Atkins, foiirnisseur de Shearer, empeeh<5 par la nr«j8enee de ses enijins de seiner dans la eri(|ue, (|ui est le meilleur endroit d'nppro- visionnement pour la hoitte; les pert«'s oeeasionnees par cettc honimc u lepoquo du eapelnn out et»'' eonsiderahles. .le vons jirie de nonvcaii respect iieuseincnt, Commandant, de vonloir bien prendre Ics mesures que vous jiifjere/ eonvenables pour faire «'esser lo jdus tAt possible cet etat de ehoses eontiiiircs aiix Tmit»''s, et que je vons ai si^-nalc uiie premiere fois leO Jiiillet dans la Haie de llawke. .le me vois, dn reste, oblige d'en n'ferer a mon Clicf de Division, en lui faisant eonnailre que si les obst^ieles (|uc les riverains opposent a notre pechc restcnt les memes t'ncore quelqucs jours, nil moment ofi I'liareiig arrive, les interets des maisons Tranyaises eoncessiunnaires des havres du " French Shore " seront gravement compmmis. Je suis, &c. Le liieutcnant do Vaisscau, Commandant lo " Crocodile," (Signi^) CAllPENTIER. (Translation.) Sir, " Crocodile," Port-au-Choia; July 10, 1888. I HAVE the honour to transmit to you copy of a fresh complaint which has been lodged with me by our fishermen, who are stopped in their operations by the salmon- nets and the lobster-pots of Shearer's factory, obstructing the whole coast from Mai Bay to Point Riche. It is principally at (Jargamelle that a Mr. Atkins, purveyor to Shearer, prevents, by tbo presence of his traps, the casting of seines in the creek, which is the best spot for the supply of bait ; the losses occasioned by this jierstm at the time of capelin fishing were considerable. I again respectfully request you to take the measures which you may consider proper to put a stop, as soon as ])ossiblc, to this state of things, which is contrary to Treaties, and of which I informed you for the first time on the Gth July in Hawke Bay. i I Ill It ; i ( 1 « i 216 Moreover, I shall have to make a report to liiy Chief of tli6 Htation, Inforjnin^ him that, if the obstacles whieh the inhabitants on shore put in tlie way of our fi,Hliei^ remain as they are for a few more days, when the herring arrives, the interests of the French firms who have been granted fishing concessions in tl«; harbours of the " French Sljore " will be seriously affected. I am, &c. (Signed) CAlirENTIER, Lieutenant-Commander, and Commander of the " Crocodile." Inclosure 22 in No. 126. Lieutenant Carpentier to Commander CampbelL M. lo Commandant, Le " Crocodile," Port-au-Choix, le 10 Juiltet, 1888. AU moment m/'me ou je voiis envoio cette plaintc je reyois ime autre r(5elama- tion des piVheurs do I'llo Saint-Jean, qui sont arnitds dans Icurs operations par cinq goelcttes 'J'erre-Neuviennes installdcs dans I'ansci de la Toux-elle. ' v . Je vous en envoi copie v\\ vous priant rcsiK-H'tueusemont de jwcudn' les mcsures que vous jugercz eonvonables pour faire cesser cet abus. Je suis, &c. Le Lieutenant de Vaisseau, Commandant le " Crocodile," (Signd) CARPENTIER. (Translation.) Sir, " Crocodile," Port-au-C/ioiv, July 10, 1888. AT the very moment wlien I am forwarding to you this complaint I receive another claim from the fishermen of St. John's Island, who arc stopped in their operations by five Newfoundland schooners stjitioned in Tourelle Cove. U«S I inclose a copy of it, and ask you respectfully to take measures which you may think proper for putting an end to this abuse. I am, &c. (Signed) CARPENTIER, Lieutenant-Commander, and Commander of the " Crocodile." Inclosure 23 in No. 126. Lieutenant Carpentier to Commander Campbell. r ! M. le Commandant, Le " Crocodile," lie des Sauvages, le 10 Juillel, 1888. J'AI I'honneur d(! vous accuser reception de vos kttres datdes de Port Saunders le 9 Juillet et de Port au Choix le 10 Juillet, et je m'empresse de vous repondre. J'avais cnvoyd le 6 Juillet it bord du " Lily," dans la Bale de Ilawke, I'ofiitner ijui avait lui-meme le matin constate la presence des cngins de Shearer dont sc plaigncnt nos pf-cheurs, afin de vous donncr sur leur situation tous les renseignements possibles ; malheurcusoment il n'a pu vous rencontrer. Je I'avais charg6 de vous indiquer que les easiers a Ivomai-ds etaient actuellemcnt raouilles sans bouees et ditigues tous les matins dans les lieux intordits a la homarderic de Port Saunders. J'envoie a M. lielin, eoneessioimaire de Ponds River a Mai Bay, I'ordre forme! de se conformcr strictemcnt aux instructions qu'il a dejii re9ues, c'est-a-dire, de no pas harrcr de ses filets plus des deux tiers do la rivifcre, et de pechcr dans la limite de salure des eaux. Je pensc, Commandant, que cette mesure repond aux modifications que vous dcsirez voii- apporter a I'exploitation de la saumonerie de Mai Bay. Je suis, &c. Le Lieutenant de Vaisseau, . . Commandant le " Crocodile," (Signe) CARPENTIER. ifoiunirvg IV ftsheijr ts of the s of the corfi7e. H, 1888. 5 r^clama- s par cinq IS mcsurcs e INTIER. 10, 1888. t I receive led in tlieir icli you may rocodileJ let, 1888. nrt Saunders )ondre. ke, I'offleier irer dont sc iscigncmonts actuellemcnt a homarderie ordrc formel ire, do no pas la limitc de )ns que vous iilc," RENTIER. 217 (Translation.) Sir, " Crocodile," of Savage Tslands, July 10, 1888. I HAVE tl)e honour to acknowledge the receipt of your It'ttei-s dated Tort Saundci-s, 9th July, and Port-au-Choix, 10th July, respectively, and I hasten to reply to them. I had on the Gth July sent on hoard the "Lily," in Ilawke Hay, the ofllecr Avho himself had seen Mr. Shearer's traps, of which our tishonnen eoniiilnin, in order to give you all possible information as to their position ; unfortunately he was una1)le to find you. I had instructed him to inform you that the lohster-])ots were now moored every morning, without huoys or " dragnes," on the spots I'orhidden to the I'ort Saunders factorj', I have given distinct orders to ^f. Helin, who has tlie concession of Ponds River at Mai Ray, to conform strictly to the instructions which he lias niready received, that is to say, not to block with his nets more than two-thirds of the river, and to fish within the salt-water line. I believe that this measure Avill meet your wishes as to the desired change in the working of the Mai Bay salmon fishery. I liave, &c. (Signed) CARPENTIEIJ, Lieutenaiif'C'ommandev, and Commander of I lie "Crocodile," Inclosure 2 1 in No. 120. M. Landgren to Lieutenant Carpentier. M. le Commandant, He Saint-Jean, h 2 !• Juin, 1888. J'AI I'honneur do vous informer (jue depuis ])liisieurs Jours ein<| goc'^lettes Anglaiscs sont instalh'es n ]H'cher dans I'anse de laTourelle; ees goelettes nous font un tort pr(^j>uliciable, et de ])lus elles vont la unit visiter nos harouelles, y ])rcndre notre niorue ct faire, selon Icur habitude, coup(>r nos ligiu^s el les voler. Je vous prie, M. le Commandant, dc faire droit a ma re(|uete, en les faisant partir du dit havre. J'ai riionneui', &c. TiC Capitaiiu' du " Qui qu'en OrogT\e," (Signe) E. LANDGREN. (Tmnslation.) Sir, St. John's Island, June 21., 1888. I HAVE tho honour to acquaint you that for several days past five l-lnglish schooners have been engaged in the fishery of Toarelle Cove ; these scihooners do ns considerable damage, and, what is more, they get at oiu" deep-sea lines by night, take our cod, cut the lines, as is their habit, and steal them. I beg that you will accede to my i-cquest, and make these vessels leave the barliour. I have, (See. (Signed) ]•:. LANDGREN, Captain of the " Qui ifu'cn (irogne!' Inclosiu'e 2.j in No. 120. MM. Belin and Villala to Lieutenant Carpentier. M. le Commandant, Port-au-Choix, le 10 Juillel, 18S8. NOUS avons I'honneur do vous signaler que depuis le 22 Juillet, jour de votre depart do Port Saunders, Ic Sieur Shearer n'a cesse de poser ses casicrs ct ses rets ji saumon autour do I'lln Koppel, anse de Gari^'.-nnclle, en un mot, nartout ou ea lui est ddfendu. Si cct <5tat do choses dure plus longtenips, il nons aura ete eette annec absolumcnt impossible do profitcr de nos degrats de I'tie Keppel (!t de I'anse i\ la Pomoue ; sans compter les deg&ts occasionn la Maison (Ju'bcrt ctPils, (Siguc) E. V ILL ALA. (Translation.) Sir, Port-(tu-Clioh, Jiily 10, 1888. WE have the honour to inform you that since the 22nd July, the day of your departure from Port SauiidcrH, Mr. Sliearcr has not ceased to set his traps and his salmon-nets round Kcppol Islaiul, GarganicUe Cove, and, in one wovd, wherever lie is forbidden to do so. If this state of things continues, we shnll be unable this year to fish our waters in the neighbourhood of Kcppel Island and Pomone Cove ; not to speak of the damage done to oiu- nets, which have been destroyed ("massacre's") each time we tried to spread our seines on these spots, which have been forbidden to Mr. Shearer. We are, 8ir, with respect, your most obedient servants, not doubting that you will do justice to our repeated complaints, (Signed) E. HELIN, Capitaine Prud homme of Porl-att-Choix, Agent for Auguste Lemoine, (Signed) E. VILLALA, Captain of the " Sans-Sotici," Agent for Guibert and Son. r Inclosure 20 in No. 126. Commander Campbell to Lieutenant Carpentier. Sir, " Lily," at St. John's hhmd, Julxj 11, 1888. I HAVE the honour to acknowledge the receipt of your letters, and inclosures, of the 10th instant. 1. With rcigard to the officer you sent on the filh July, I have made inquiries, and find that he did not in any way mention the fact that he had been sent to give special information as to the trawls comjjlained of. When we are better acquainted 1 will ask you to honour me by dealing with m(> personally with regard to international questions. I think it would be better for the interests of the Governments we represent that we should discuss matters between ourselves, as our officers have no knowledge of our instructions. 2. With regard to the second comi)laint, that tin; salmon nets and cages of Mr. Shearer encumber tlie coast from Mai ]J.ay to Point Jtiche, I have the honour to infonn yon that I liave searcliid the coast between the places named, and I am certain that the fishermen who fisli lobsters for tlu' j)urpose of selling them in the highest market, namely, Mr. Slicarer's factory, have no cages on stward of South-West Cove, the fisherman Atkins has a written |)ermission from Captain ITamond, fhe Senior British Officer on this station, to lish in (iargamelle Cove, whicli you will, I hope, understand I cannot interfere with, and lliis case having been decided by our superior officers, I quite agree with you as to your referring the matter to your " Chef de Division;" I will do the same with mine. In the meantime, immediately I return to Port Saunders, I will take the most stringent steps to re-examine tiie prohibited coast and see that the agfcenicnt made by oui- respective* Senior Officers is strictly carried out. I have already taken up three salnioii-iuts belonging to a fisherman named Eastman, on the west shore of Keppel lslan inform you that, on my paying a visit of inspection to Castor River this day, I found four French fishernion netting salmon in the lako above till! river, at least half-a-mile above tidal water, and that the net they were using was also illegal, the size of tl»c mesli being more than 2 inclies too small. Tliey have eaught ton cases, and had taken four this mommg, and arc, I am informed, fishing for Captain Dameron. of the barque " Pugct," at Barred Bay, St. John Island. I beg oi you to take such steps as you may deem necessary to cause ihese fishermen to desist from lishiug in this ri\'er. I have, &c. (Signed) CHARLES CAMPBELL. •I mome. and Son. 11, 1888. iclosures, of iquiries, and [give special lintcd 1 will iiternatioual i)resent that fedgc of our id cages of lie honour to . am certain the highest J South-"NVest ll, the Senior Ivill, I hope, 1 our superior Lr " Chef dc WK I return to Thibited coast Iric'tly carried Irman namoil ioix. [)ur to inform [t of Captain hsbos. I am lliave left i\w had done no Inclosure 28 in No. 126. Lieutenant Carpentier to Commander Campbell. M. le Commandant, Le " Crocodile," Sainte-Barbe, le 18 Juillet, 1888. J'AI rhonneur do vous accuser reception de votre lottre du 11 Juillet. J'etais dej^ compl6tement d'avis, avant cjuc vous n'ayez bicu voulu me fairc connaitrc votre opinion, que jo trouve du rcsto excellunto, que les interets nationaux doivent 6tre discutes entre nous seuls qui a\ons rcyu les instructions neccssaires. Jamais un do mes oHiciers du resto iie vous a eto envoyc pour traitor avec vous de questions semblablcs. M. I'Eiiseigne do Yaissoau qui a etc lo Juillet d„ns la Bale de Hawke a bord du " Lily " vous porter ma plainto oontrc les lilets ot les casiers des pficheura de Port Saunders, etait simplemeiit chavgo do vous romettre cette j^lainte ceritc ct, dans le cas seulement on vous I'aurioz intorrogo, do vous indi(iucr les places oxactes oii so trouvaient ccs cn^•ills, ct qu'il out etc \raimout difficile d'iudiquer exactement par ocrit i\ quclqucs metres pies. Ces renscignements n'eussent pas eto suportlus puisquo vous n'avcz pu rien trouver raalgre tout Ic soin que j'on suis si\r vous avoz mis a fairc cesser uu 6tat de choses de plus en plus jn-ejudiciablo a nos nationaux. Quant k Tautorisation donnco par M. lo Conunandant Ilamond, votre " Senior Officer," an Siour Atkins, dc pfichcr dans Gari,'ainelle Creek, elle est en contradiction absolue avcc les instructions que j'ai reyucs, qui sout lo rosuUat dc I'accord intervenu h Port Saunders entre nos chefs respootifs. N^aimioins, suivant votro dosir, jo vais on roi'eror a mou Chef dc Division, on resorvant toutefois la question de rindomnito qui pourra etro accrue par les retards apport^s ainsi i\ la suppression des obstacles qui enlil'vent u nos pecheurs une dcs meillourcs places d'apjjrovisioimenicnt de la bo'itte. Je vous remcrcie d'avoir fait cvacuor les goelottes qui gcnaient les concossionnaires de rile Saint-Jean dans I'anse de la 'roui-ello. J'ai moi-nicme eto a Mai Bay, ct jc nic suis assui'o qu'on n'y p6obait plus qu'avcc uii seul lilet place a la jiointc sud de rombouchure do Ponds llivir, n'obstruant mome pas la inoitio du lit (b- la riviere. J'esptM'o, M. Ic Commaiu'ant, (jue ees conditions vous paraitront legalos. En rotournaut h, Port-au-Clioix jo visitorai la Baic dcs Castors, ct je I'erai apportor dans cette saumouerie les monies moditications. Jo suis, &c. Le Lieutenant de Vaisseau, Commandaut le " Crocodile," (Sign6) CARPENTIER. [269J 2 F 2 : \ sso t I (Trauslatiou.) Sir, " Crocodile," at St. Ihirbe's, July 18, 18HH. I UAVE the lionuiii- to iifkiii)\vlu(li!;o tlio receipt of your letter ol" tlie 11th instant. ]£veu before you were i^ood t-iiough to Favour nie witli your opinion, whieh, l)y the way, T eonsider (juite right, I liud etnno to the eonelusion that tiu? interiiatioiuil interests slioidd 1)C discussed personally between ourselves, who have received the necessary instructions. I have never, in fact, sent any ol" my oHicers to discuss such questions with you. The oflieer wlio eanu? to see you on hoard the "Lily "on the 6tli July in llawke's Jiay about my complaints against the nets and traps of the Port Saunders tisheruien Avas only instructed to deliver to you this written complaint; and only in case you questioned him was he to ])oint out the exact spot where those engines were placed, whieh it would have been dillicult to exi)huu in writing with any accuracy to within sevei-al metres. This information would not have been superfluous, since you have been unablo to discover anything, in spite of the care with whicii I am sure you tried to put an end to a state of things so seriously alVecting our eouiitrymen. As regards the j)ernussion given by Captain llaniond, yf)ur Senior Ollicer, to Mr. Atkins, to lish in Cjlargamelle Creek, it is in direct contradiction to the uistructions I have i-eceived, which are the result of tlie agreement come to bcjtween our resi)ective cliiefs at I'ort Saunders. Nevertheless, in accordance with your reciuost, I siiall refer tiu" matter to tlu! chief of my station, whilst reserving the question of compensation which may bccomi! due owing to the delay in the removal of obstacles wliieh deprive our tishermen of one of the best places for providing themselves with bait. I thank you for having removed the sehooners whieh interfered with the lisliermen of St. John's Island and Tourelle Cove. I havi- myself been to Mai Hay, and have assured mvsclf that the lisherv is now carried on with one net onlv, set at the south end of the mouth of I'onds iiiver, obstructing not even one-half of llie river-bed. I trust that you will consider this lawful. In returning to Port-au-Choix, 1 shall visit Castors Hay and introduce similar changes in the salmon tishery there. I have, &e. (Signed) CAlll'ENTIElJ, Lieutenant-Commander, and Commundcr of the " Crocodile." Inclosure 2U in No. 120. Lieutenant Carpenticr to Commander Campbell. M. le Commandant, Lc " Crnrodile," liaie dc.s Castors, le 22 .fuitlet, l88H. EN reponse a voire lettre du 12 Juillet, j'ai la satisfaction de vous annoncer que, eouformement a vos desirs, les pecheurs I'ranyais out cesse leur peche du saunion dans la Riviere des Castors. Les irrcgulaiites que vous avcz constatees dans la visito quo vous y avez faitc; le 12 avaieut cesse d^s le nieme jour, et la peehc ne so faisait plus que dans la bale memc. Aujourd'hui, 22 Juillet, tons les iilets out etc supprimes. Les infractions signalecs avaieut etc eommises par les homnies du " Puget " sans (pie M. Dameron en ait eii coniiaissance ; il a etc fort chagrin, d I'ort irrite contre ses hommes. J'ose esiK-rer, M. le Commandant, que la terminaison do cettc allairo est u votre eutiOre satisfaction. Jc suis, &e. Le Lieutenant de Vaisseau, Commandant le " Crocodile," (Signd) CAEPENTIER. (Translation.) Sir, " Crocodile," at Cantors Hay, July 22, 1888. IN reply to your letter ui the I2t!i instant, I am glad to be able to inform you that, in accordance with your request, the Ereneh lisliermen have ceased their salmon- fishing in Castors J{iver. The irregular proceedings you had observed on the occasion of your visit of the 12th ceased that very day, and the fishery was puisued only in the bay itself. Sir, I u. walked Th( lobster I t n. St. iiirl, rei)lies. I se 7. Port-au- Aunt-roi Hhich is 1 ha 221 irregular 18HS. 1 Instant. 1, hy the •uatioual ivocl the •uss such " on tlu! tlic I'ort lint; and (!!•(' tlioso with any iinablo to au end to Dllicoi', to istnictious respective ter to th(! ay beoonw! non of one < lishormen , and have tlio south •-bed. ucc similar rocoUile-" let, 1^8K. nonecr (inci ivunon dans vez faitt< if ans la baie US sii^naU'f^ 11 en :iit eii est ii vuliv x'odilo," iiNTIER. 22, 1888. J inform yoii lieii salmon- \ isit of the blL To-day, tlie 22ii(l July, all the nets have Ijecu suppressed. The i>roceedi«gs complained of en anated Irom the men of the " Pus^et," without the mowledge of M. Dameron ; he was very sorry, and nuieh annoyed with these men. I trust that the termiuatiou of this incident is to your satisfaction. I have, &c. (Signed) CAHPENTIEIJ, Lieuli'iiant-Coiiiiiiaiiilcr, und Covimamler of tliv " Crocodile." hielosure 30 in No. 120. Comniunder Cnmiiliell to Captuin Itamond. Sir, " Lihj," at Hiiwkv'a Hay, July 21-, 1888. I IIAVE the honour to forward eorrespondimee that has taken plaei; between Lieutenant Cail)enticr, of the I'reneli gun-boat " C'roeodilo," und myself. 2. On the Otii .July the "Crocodile" steamed into llawke's iJay, and delivered a letter, but she did not anchor, and her Commander did not call. 3. I Aveiglied and proceeded to I'ort iSaunders, and made :i close investigation of Kei)pel Ilarbour, and I found that two salmon-nets had been set, and some cages, liut they were all icmoved before my visit. I also found that Estmont had two salmou- ucts down on the outer edge of Kejjpel Island, and I ordered him to take them up, which he did. '1. I then wrote a letter, copy inelocd, and went to I'ort-au-Choix ; tlic "Crocodile" came from St. John's Islaiul and anchored oif Havagc Island, and forwarded me the eomplaints inclosed IVom Captains Uelin and Villala, and also the complaint from Captain Lmdgren, but still Lieutenant Carpentier did not come. I landed and saw Captains Uelin and Villala, and was shown over their lobster factories, and 1 then had Mr. Shearer and the tisherman Atkins on board. The latter showed me your written order, and 1 then wrote to Lieutenant Carpentier. At daylight T W(;iglied and proceeded to St. -fohn's Island lo investigate Turret Cove complaint, and found that it was greatly exaggerated, and in part false, as no danuige whatever had been done. I then proceeded on my rouiul and anchored in St. .Margaret's Bay. 5. The following morning, accompanied by Lieutenant Robertson, i landed and walked to Castors lUvcr, where 1 surprised four l''reneh tishermon netting salmon with an illegal net above the river at the entrance to the fresh-water lake. I t(dd them they were doing wrong. They were netting I'or Captain Dameron, of the bar([Ut,' " i'uget," aud Uarred Uay lobster factory. I then wrote again to Lieutenant Carpentier. (i. After visiting all the [»orts, lobster factories, itc., up to l''orteau, I returned to St. Ijjirbe's and delivered these letters, to which the inclosed lettei-s arc the dual replies. I sec no reason to write again. 7. 1 have the honour to report that, the I'rench lobster factories at Sesostris Hay, I'ort-au-Choix, and St. .lolm Ilarbour are roofed sheds, but the factory of Captain Dameron at Barred Hay is uiu|ue>itional)ly a |ii'rnuuient l)uilding, as also the store which is attached to it, and which is roofed witli corrugated iron. 1 iuivc taken no action in this matter pending your instructions. 1 have, \.c. (Signed) CllAllLES CAMl'BliLL. Inclosure 31 in No. 120. Lieutenant Carpentier lo Commander Campbell. M. lo Commanthuit, Le " Crocodile," Port Saunders, le Juillet, 18S8. J'Al riionucur de vous informer que j'ai constate ce matin dans le havrc de Keppel 1.. presence de deux lllets a saumon et de plusieurs chapclets de easicrs h homurds dit ines a approvisionner la homarderit! de .Mr. Shearer. Ce havre so trouvaut eu dehors des limites assignees a Mr. Sheai-er je vous prie respecteusement do vouloir bieu faire supprimer ecs engius que je vous signale, ([ui sont uu obstiicle h lil ■' f 1 « 1' i p. i I ^1 222 I'induBtric dc nos pftcheurs, continuellcment cntrav<5e par Ics agisMtnents de cct industricl. Lc8 plaintcs dcs capitaines Francois Belin ct Villala, qui sont les nlus l^s^, ont deji, 6i6 reinisos h M. lo Commandant dc *• rEmerald " par lo Chef de la Division Navale I'ranvaisc dc Tcrrc-NeuTo le 18 Jiiin. Ju iiuis, &u. Lc Lieutenant de Voitiscau, Commandant lc " Crocodile." (Sign6) A. CARPENTIEll. (Translation.) Sir, " Crocodile" at Port Saunders, July 6, 1888. I HAVE tlie honour to inform you that I noticed this morninc in Keppel Harbour two salmon nets and several rows of lobster pots working for the factory of Mr. Shearer. As this harbour is outside the limits assigned to Mr. Shearer, I respectfully request that you will kindly suppress these engines which I now iJoint out to you. Tlioy arc an obstacle in the way of the ind'jstry of our fishermoD, which is constantly embarrassed by tiic proceedings of this factory owner. The complaints of Captams Belin and Villala, who have sufTored most, have already, on the 18th June, been laid before the Commander of the "Emerald" by the Chief of the French Naval Station. I have, &c. (Signed) A. CARPENTIER, Lieutenant-Commander, and Commander of the " Crocodile ." Inclosure 32 in No. 126. Commander Campbell to Captain Uamond. Sir, "Lily," at Hawke's Bay, July 28, 1888. I HAVE tlic honour to acknowledge the i-eceipt of your Memorandum, dated the 10th July, 1888, iuclosin^d..,. /,/>* / ft -5 *- '~mUNO H* If r // ,<*../' v/ ,<'y i'.r.A"'"''''' 61 AI5A iU5U ai4ri «IKI ^1 — ' 1^, — I r ^T . ^~i — I 1 1 1^- — r ao I& 10 — r 1 1 1 1 J ' I -3 , ,_^^.J5I«' ( i*tC b/ii) Hit J F lis 328 that hM betta the oauio of this further untenahio complaint on their part, and of the telegram in question. 6. I have the evidence of tlic complainants that the Frencli 8uh-Licutenant who mado the visit and ohtaincd those complaints OMknl for thum. 7. There are only three ropresontativcs of the two French llrms who work I lie west coast on which the French have temporary Ashing rights, lie (the French Suh- Licutenant) was ■ucoeuful with all three. 8. Captain Landgren told me himself that ho would not have sent in his complaint of the presence of tlve Newfoundland schooners at Turret i3tty, dated twenty days hoforo being sent in, unless ho had lieon asked for it. 9. On meeting the French Commanders at Port-au-Choix on the 24ith there were no complaints, the decision as to Gargamello Cove hoing left to our superior ofTleoi's, and the French tishermen were freely taking lierring ibr bait in Old Port-au-Choix Harbour. 10. The officers and men of the French ships were entertained on board llor Majesty's ship "Lily," and we parted with mutual assurances of friendship and regret. I have, «&c. (Signed) CHARLES CAMPHIOLL. i I Inclosuro 33 in No. 12(i. Map. No. 127. Colonial Office to Foreign Office. (Received February 20.) Sir, Downing Street, Februnry IR, 1880. I AM directed by Lord Knutsford to acknowledge the receipt of your letter of the 3nl ultimo, inclosing a copy of a further note from the French Ambassador at this Court relating to the question of identification of fishing-schooners olf the coast of Newfoundland. I am desired to inclose, for the information of the Marquis of Salisbury, a copy of a despatch which Lord Knutsford has addressed to the Governor of Newfoundland on this subject, together with n copy of a hotter from the lioard of Trade referred to therein. I am, &c. (Signed) JOHN BRAMSTON. it 1 Inclosuro 1 in No. 127. Lord Knutsford to Sir T. O'lirien. s}jp Downing Street, Februnrij l'>, 1880. ^MTll refen^nco to my dcspateli addressed to your pmlecessor of the 20tli SiM)temlMnt the necessity for the adoption of Iletfulations, or if necessary Icfjislntion, for eompelliii",' the proiHjr ninrkiiii< of vessels and l)oat8 of the <'lnss n'ferred to in tlie correspoiuienee. To ansi.^t your Ministers in dealint? with this matter, T inch)so a eony of n letter from the Hoard of Trach", with its inelosiires, f,'ivinp information in repanl to tlie enact- ments and llef^iiiations u^overnini; tliis matter in tlie United Kingdom. I shiiuld he L'iad to learn at an early date that this question will he dealt with hy ynur Ministers without delay. I have, itc. (Signed) KNrTSFORl). Inelosju'e 2 in N'o. 127. Uniird of Trade In Culnnuil OJflrr. Sii', Hoard of Trade, London, h'rhruary 1, l^HO. AVITII reference to yoiu" in(|niries in respect of the marks carried hy sea-lishing lionts, I am directed hy the Hoard of Trad(> to request that you will state to Lord Knutsi'ord that the enu.'tnunts hy which this matter is fjoverned throughout the United Kintydom are sections 22-21.' of " Tlu' Si-a Fisheries Act, ls(iH" (JU k Wl Viet., cap. t.')), and section H of "The Sea Fislieries Act. ISK.3" (KJ k, M Vict., cap. 22), and the relative* jiortions of the International Conventions scheduled to those Acts. The requirements of the two Acts are on this head ahuost identical, and the l{ci,'ulations in force are llej^ulations which have from lime to time ln'cn made under the e.Trlicr Act. Two copies of these Kejruhitions are herewith in«'loscd. On reference' to Keirulalions 7-12 of lH()t», it will he perceived tliat fishinpf-vessels of, speakini; generally, all classes ore rc(|uircd to carry painted numhers as well as cerlani other distin!,Miishin!» marks of a coesjiiciums character. .*^o far as England is (•onci'rned, however, llegulation 1 of IHSO exempts open hoats whh-h tish in territorial waters sci joni; ns they do not leave those waters. 1 have, itc. (Signed) ClKOliriK .T. SWANSTON. No. 128. Thr Karl of L;/lton to the ^farqnl.'^ of SnIIshiinj. — {Received February 21 .) My I^rd, Par!s, February 19, 1889. WITH reference to my dcsimtch of the 21st Deccmher last, I have the honour to transmit to your Lordship herewith copy of a note 1 have received from M. Goblet, in reply to the representations which I addressed to the French Government in the terms of your Lordship's despatch of the 17lh December, protesting against the erection on the Ncwfouiidiaiul shore of other buildings than tlujsc specified hy Treaty and Declaration, and against the attcnq)t on the part of the French Government to grant exclusive rights of fishing to their citizens in British waters. I have, &c. (Signed) LYTTON. Inclosure in No. 1 28. M. Goblet to the Earl of Li/tton. M. I'Ambassadeur, PariH, le \G Fe'vrier, 1889. PAR sa lettre en date du 21 Dilceinbrc dernier, voire Excellence a bien voulu me saisir dec observations auxquellcs avait donne lieu, de la part du Principal Secretaire d'fltat de Sa Majesty, la communication que je lui avals adress^e k la date du 30 Octobre dernier, / 220 hermon y would tlons, or i of tho ft letter no onnct- with by FOTll>. noa-lisl>'"S e to Lord ijrlioui the k \\i Viet., p. 22), and ■ts. al, nnd tlio undo \indor liiiig-vosscls •s as well as Englniid is n toi-ritoriiil .NSTON. 21.) 10, 1889. |ic honour to M. Goblet, I in the terms Action on the Declaration, tlusive rights LYTTON. Irfcr, 1885). lulu me saisir Ire d'fitat de Eobre dernier, reiativcniciit ^ la Conccuton k unc Compognic Fron^aiu d'une ustne h homards dans l» Baie Blanche. Cca observations )>nrtent k la fois sur lo caractiro perniancnto que pr^svnterait Ics dtablisscmsntB dIeviSs par noa nationaux, sur la durec de la Concession qui Icur a vt6 accord^c, et sur Ic principc m^mc do notre droit dc pfichcr le homard. En CO qui conccrnc le premier point, je nc saurais ricn ajouter aux dclaircisscments qui ont iio prt^'cedemment fournis h votre Excellence. lis devaicnt, en etl'et, dnnn ma pcnsce, Hutfirc u convaincre le Gouvcmemcnt Ikitanniquc que Ics consti-uctions do M.TImbv-Lourmand nc {touvaient etro considerdcs coinmc sVcortnut du type du cliauti'uud rdglcmentaire. II a pu, en eft'et, s'assurer par les documents mis h sa disposition (|u'il s'aicissait dc 8inq)lc8 burraqucs, a])portr«'rcnce ou a I'cxclusion des autrcs maisons Franyaises dans la baie cpii lui ix6t6 assignee ; cma il est bicn cntendu (|uc ce droit doit s'cxcrccr uni(|tiement pendant la puriode ct dans ics conditions iixees ])ar les Traitds. Depuis quatrcmc Industrie p .1 , ; , i ■ i 1 1 m 1* ( T ■ ,' i; ^ ! 232 No. 136. Colonial Office to Foreign Office, — {Received April 4.) Sir, Downing Street, April 3, 1889. I AM directed by Lord Knutsford to acknowledge the receipt of your letter (B) of the 23rd ultimo on the subject of an inquiry made by M. Jussorand on behalf of the French Government as to the present position of the questions connected with the marking of small fishing-vessels, and to the suppression of cod-traps in tho waters of Newfoundland. With regard to the marking of fishing-vessels, I am desired to request that you Avill refer the Marquis of Salisbury to the despatch which was addressed to tho Governor of Newfoundland on the 15th February last, of which a copy was communi- cated to tho Foreign Office in the letter from this Department of the 18th of that month.* As no reply had been received to that despatch, Lord Knutsford, on tho receipt of your letter under acknowledgment, telegraphed to the Governor of Newfoundland, inquiring whether his Ministers proposed to take any steps in the matter during the present Session of the Legislative Assembly. From tho inclosed telegram which has been received in reply. Lord Salisbury will observe that there are difficulties in the way of canying any measure at present through the Colonial Legislature. As regards the question of the suppression of ood-traps. Lord Salisbury is aware that the Act of the Legislature of Newfoundland abolishing cod-traps (cap. 8 of 1888) will take effect from the 9th May of next year. The reasons for delaying the opera- tion of the Act for two years from the date of its passing are given in Sir H. Blake's despatch of the 6th July, 1888,t and the purport of the explanation given by the (rovernor was communicated to M. Waddington in a note dated the 28th of that month. Lord Salisbury will probably agree with Lord Knutsford in the opinion that the reasons given for the short delay in bringing the Cod-trap Abolition Act into operation justify that delay, and the validity of those reasons can hardly fail to be recognized by tlie French Government, to whom the poverty of the fishing population on the coasts of Newfoundland is undoubtedly well known. 1 am, &c. (Signed) JOHN BRAMSTON. is V Inclosure in No. 136. Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received April J, 1889.) NOTWITHSTANDING veiy strong representations from me. Ministers decline to introduce Act for marking fishing-boats ; unanimously of opinion impossible [to] pass through Legislative Assembly owing to public opinion excited. being painted schoonc With of tlie' • No. 127. t No, 108. (Extract. I A] of Salisbt 233 No. 137. m 8, 1889. letter (B) behalf of id with the waters of st that you 58cd to the I comrauni- 3th of that the receipt yfoundland, during the 1 which has 3 in the way ury is aware p. 8 of 18S8) g the opera- ir H. Blake's riven by the 28th of that lion that the lUto operation recognized by on the coasts ;,AMSTON. Iril 1, 1889.) Inisters decline Impossible [to] Foreign Office to Colonial Office. (Extract.) Foreign Office, April 15, 1889. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 3rd instant, inclosing a telegram from the Governor of Newfoundland, in which ho states that, notwithstanding very strong representations from him, his Ministers decline to introduce an Act for marking small lishing-boats, and that they do so because they are unanimously of opinion that it is impossible to pass it through the Legislative Assembly. I am to request that you will point out to the Secretary of State for the Colonies that this measure has been repeatedly urged by the French Govern- ment as the only means of enabling the authorities of the Colony to detect and adequately punish offenders against its Laws upon points in which Franct; is interested under existing Treaties. The request of the French Government, that an obligation should be imposed which can inflict no inconvenience, which is common in other countries, and of which the only aim is to facilitate the detection of oflcnccs against the law, is evidently reasonable, and it is a matter of very great regret that the Ministers of Newfoundland have not been able, or have not thought themselves able, to propose it for the acceptance of the Legislature. No. 138. Foreign Office to Colonial Office. Sir, Foreign Office, April 22, 1889. WITH reference to my letter of the 15th instant, relative to the question of the proper marking of fishing- boats in the Colony of Newfoundland, I am directed by the Marquis of Salisbury to transmit to you copy of the Convention concluded in 1882, between Great Britain, Germany, Belgiimi, Denmark, France, and Holland, for regu- lating the police of the North Sea fisheries. I am to request that you will call Secre- tary Lord Knutsford's attention to Articles V to XI of this Convention, which provide for the marking of all vessels fishing within the limits specified in Ai'ticlc IV. It appears to Lord Salisbury that there is no reasonable ground on mIucIi the Govern- ment of Newfoundland can object to introduce in that Colony Kegulations similar to those which the Governments interested in the North Sea fisheries have agreed upon as best calculated to insure proper police, and to prevent the occun-cnce of disputes among rival fishermen. I am further to request that you will point out to Lord Knutsford the statement made in Captain Ilamond's Report to Vice-Admiral Lyons, dated the 25th October, 1887, and forwarded by the Admiralty on the 13th January, 1888, to the following effect : — " I would point out again the absolute necessity of the Newfoundland schooners being properly marked with numbers on their sides and sails, their names being also painted on their sterns, and the vessels registered. ... As matters stand now, those schooners M'bich fit out for their summer voyage for fish are under no control whatever. With proper means for identifying vessels, I believe the gi'eater part of the wrecking of the ' Belem ' w ould not have occurred." I am, &c. (Signed) P. CURllIE. No. 139. Colonial Office to Foreign Office.— (Received May 1.) (Extract.) Douming Street, April 30, )8S9. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor of Newfoundland, inclosing various 2 H ' 'U >■ ■ I ■ i ':i li 1 , Ml f ' i' 234 docunicnts relating to the questions connected with the cstnbUsliiiicnt «>t Kritish lobster factories on the coost of Ncwlbundlnnd, nnd to the rights of Frcncli tishcrmcii under the Treaties and en;)^genients between Great Britain and France. Some of the papers now forwarded by the Governor relate to the title to the land on which the lobster factory of Messrs. Murphy mid Andrews was erected in White Bay. These papers supply the infonnation asked for in your letters noted in the inar;;in.* As regards the action of Captain Bearcroll in warning off Messrs. Murph}- and Andrews, Lord Knutsford desires me to observe that it can onlv be left to the British naval otticers on the station to determine what is and what is not an interference with French fishing. In this case Captain Bearcroft appears to have considered that Messrs. Murphy's factory constituted such an interference. I am to inclose, for Lord Salisbury's consideration, the dratt of a (les|)atch which Lord Knutsford proposes, with his Lordship's concurrence, to address to tlie Governor of Newfoundland on some of the points to which his despatch and the accompanying papers relate, t Inclosure in No. 139. Governor Sir T, O'Brien to Lord Knutsford. Oovernment House, St. .lohn'n, Xewfoundland, (Extract.) March 1«, 1889. WITH reference to the telegram sent to you on the 14th instant, copy of whicli goes by this mail, I have the honour to report that it was the result of an interview with a deputation from the fjcgislativc Council that waited on me with the Address alluded to below (Inclosure C), when those gentlemen urgently jjressed for information as to whether they would be liable to be disturbed, during the coining lobster fishery, by the French ; such information being essential prior to their incurring tlie heavy outlay required for the prosecution of this industry. Since the departure of the last mail, a fortnight ago, the agitation in regard to this question has continued, as will be seen by the accompanying documents : — (A.) Copy of a notice before the House of Assembly by Mr. Carty, Member for St. George, and a supporter of the present Government, which motion has been from time to time postponed, the question being therefore still in suspense. (B.) Copy of a Petition to the Governor in Council, now before that body, from Dr. Howley, Prefect Apostolic of West Newfoundland, and othei-s, going over the oft- repeated grounds of the grievances of the inhabitants on the shores subject to French Treaty rights. (C.) An Address to the Governor from the Legislative Council on the subject of the removal last year of Mr. Murphy's lobster factory in White Bay. (D.) My reply thereto. (E.) A similar Address from the House of Assembly on the same subject. (F.) My answer to the same. (G.) Mr. Monroe's speech in the Legislative Council. If, my Lord, I might be allowed to carry my observations further, I would deprecate the evident attempt on the part of the French (vide proceedings of Assembly received by last mail, giving Admiral V^ron's motion on the subject) to use the Bait BiU as an excuse for straining their Treaty rights ; for, to my mind, however opinions may differ as to the Bill in its present shape, the Statute in (]uestion was solely an act of self- preservation forced on Newfoundland by the bounties offered by France, not on fish imported into that country, but on that exported from thence to compete with us in the foreign markets ; an act that could hardly be considered to be of advantage to France, seeing that a large sum goes out of the pocket of the French taxpayer to cheapen the food of strangers, while destroying the staple industry of the Colony of a friendly Power ; a question totally apart from Treaty rights and the "French Shore" question on the one hand, and our new industry of lobster canning and its factories on the other. The time, as above stated, for preparing for the lobster fisheries has arrived, and, as your Lordship will observe, the people naturally wish to know if this industry, which affects the lives of thousands of British subjects, and the investment of a large' sum of British capital, is ,to be shopped or po^. I thereib^e vepture to ^op^^^ljipt your/Lordship • Km! 104 ud lai; ■HI : u) t 8wNo.l4l • ttHS : to Gie.' aa.') : (h lobster under the lie land on ;wtc Bay- urphy and the British nterfcrcnce idered that natch which Governor of ying papers rfoundland, !opy of which nterview with ;s3 nlUuU'd to as to whether »y the French ; equired for the 1 regard to this y, Member for been from time mt body, from i over the oft- Ijcct to I'Vench subject of the lect. Irther, 1 would Vgs of Assembly Ue the Bait Bill Ir opinions may [y an act of self- Ice, not on fish le with us in the Itagc to France, r to cheapen the I friendly Power ; Ltion on the one ler. ]ja8 arrived, and, industry, which f a large' sum of kt your Lordship will be enubU-d, at all events far the present season, tu uisuru them that, ponding a (U'linite solution, the ulutut ifuo will be niuiiitained, or that nt all events those factories which, as M. Goblet stated m liis speech, had been existinn; I'ur years past should not be interfered with, but be protc^ed by tlio Home Governiiicnt. As regards the actual i|ue8tion of Mr. Murphy's factory, [ beg to inform your Lordshi}) that it would appear that Messrs. Murphy and Andrews were squatters on the land in queiition [vidf Inclosurc M), and I append another letter, (I.) Froni Messrs. McNeily, to render tlje correspondence complete. (A.) House of Ansrmhly, March II, 18tJ9. Notice of Motion. Mr. Curly, — ^To move the House into Committee of the whole to consider the question of the rights and privileges of the people resident on the west and north-east coasts of this island, and also the question of the privileges of the French upon the said coasts, and the proper action to take thereon. Memorial of the Inhabitants of the Went Coast of Newfoundland to liis E.rcellencif the Governor in Council. May it please your Excellency, WE, the undersigned inhabitants of that portion of the island which has been called the " French Shore," beg humbly to approach your Excellency on a matter of the greatest importance to us. We have read with some alarm in the public papers a discussion which has lately taken ])lace in the French Senate on the subject of the rights of that nation on this coast. In reply to an interpellation of M. I'Amiral Veron, M. Goblet, Minister for Foreign Affairs, replied that it was the intention of the French Government to prevent the establishment of lobster factories on this shore, and to suppress those already in existence. We tiierefore beg to make an earnest appeal for protection in our occupation and industries, and a respectful but firm protest against this threatened action of the French, which we consider to be a most exaggerated interpretation of their rights, and which, if put into execution, would be the source of ruin to us lawful inhabitants of tliis shore. We deem it unnecessary to remind your Excellency of the conditions of these Treaties by which the French are allowed to fish here ; wc shall merely quote such portions of the Treaties as are necessary to put our case clearly before your Excellency and to make our arguments intelligible. In the Treaty of Utrecht, 1713, Article XIII, it is stipulated as follows : — " The Island of Newfoundland shall from this time forward belong of right wholly to Great Britain." " It shall he allowed to the subjects of France to catch fish and dry •on land on that part only of the island which stretches from Cape Bonavistu to Point Riche," &c. This Treaty was ratified, with some changes of the points of limitation, by the Treaty of Paris, 1763, and that of Versailles, 1783. The dominion of the island is distinctly declared to belong to Great Britain. Now, unless these words are to be rendered altogether nugatory, a mere sentence wit!:out any meaning, it must be understood to declare that British subjects have a right to occupy tlie land, to erect establishments thereon, in a word, to exercise all the rights of citizens, excepting only as such can be shown, on bond fide evidence, to interfere with those rights of fishing conceded to the French. As a n:atter of fact this clause has thus been interpreted by the British on the oni? hand, who have permitted a large population now exceeding 12,000 to settle upon the coast ; [269] 2 H 2 !l I 1- I i ' 1 if? ¥' il 23n , I by tito Ncwfoundlnnd Government, whicli hat oxteitdcd to them nil the rights of cilizont, ■uch ntt the tVniicliisi>, pogtnl ooiiuininicntion, judicial and police nuperiiitundcnce, tixcnl nnd Customs oxnctions, &c. ; and tinnlly, by the iTcnch, who have permitted those opcrutioMH to prnc'.'cd without u\nkiMg anv practical protest n^niiiat them. The reicnt passing of {lie Bait Act having been a source of ineonvcnieiwc to the French has ur^ed them to make the aforesaid threats of retaliation by interfering with the estnl)lislied industries of British subjects on tliis coast. Rut it cannot for a moment be maintained that the passing of the Hnit Hill has given to the French one tittle of riu'lit on this shore beyond what tlicy had already possessed ; it may, however, be uri;ed that it has forced tluiii to exercise sonio rights which they formerly possessed but left in abeyance. We maintain tiiut before the passing of the Bait Act the French had the right to cause to l)c removed British establishments only in cases where it could Ite proved on bond fide evidence that the said British establishments actually interfered with the prosecution of the fishery by tlio French. They, on the other hand, maintain that they have an absolute right to have those establishments removed without showing any reason therefor. This contention they ground upon the words of the Declaration of Ills Majesty George III attaelicd to the Treaty of Versailles, 1783. We here quotu the words of the Declaration: " His Britannic Majesty will take most positive measures for preventing his subjects from interrupting in any manner by their competition the fishery of the French, and he will, for this purpose, cause the Hxed settlements which shall be formed there to be removed." In reply to this we beg to state; — 1. That these words are not in the Treaty. They nre not embodied in the Inter- national Act binding the two nations,* but are an oftertiiought, a purely pereonal declaro- tion of good-will and good faith on the part of His Britannic Majesty towards His Most Christian Majesty Louis XIV, King of France, who, on his part, made a counter-declara- tion to the King of England. It was a gratuitous and mutual interchange of diplomatic courtesies, binding the individuals themselves in honour to carry out the Treaties honestly and etticiently by such mcatis as they deemed necessary, but by no means obliging the successors or the nation to such action, which events have proved to be altogether unnecessary. 2. We beg your Excellency to observe that His Britannic Majesty docs not say that he will absolutely cause to be removed those settlements, but only on condition that such action should be found necessary " for preventing the British fishermen from interfering with or interrupting the French." Therefore we argue that these words can only npply» d at all, to those cases in which the French can show- that the said establishments really interfere with their fisheries. Hence, as M. Goblet declares that, previous to the passing of the Bait Act, these our establishments were " tolerated " by the French Government because they did not interfere with the French fishery, he must now show, before proceeding to their suppression or removal, that the passing of the Bait Bill has so altered the circumstances of the case that those establishments, which did not formerly interfere with their fisheries, do so interfere now since the passing of that Act. This mterfercnce could only arise from three causes : — 1. Because the French, by the Bait Act, have been driven to come to take bait on this shore in places where lobster factories are erected, and find such factories an obstacle to the taking of the bait ; or 3. That the Bait Act has caused them to open or establish new fishing rooms on this coast in places now occupied by lobster factories ; or 3. That they require all the bait that can be got, and hence must prevent the factories from taking it. Now, the first of these conditions is not verified, because the factories are erected and the lobstcr-pcis set in places which are not used for taking bait, and if any of our lobster factories can be shown really to interfere with French fishing, we are prepared to remove them from such places. In reply to the second supposition, we say it is a well-known fact that the French are not about to open up any new fishing establishments, but, on the contrary, are gradually curtailing those already in existence ; and Thirdly, the bait used generally for bait in the lobster-pots is cods' heads, which, of course, are not wanted by the French. Again, as a rule, the lobster-traps are not set till relatins * Though afkerwardi embodied in ao Act of Parliament. 237 fcitizoni, tiscnl ni«l )|)ctHlion« ine to the r with the htts given possessed ; (hicli they »c rigl>t to proved on I with tlie II that they any reason lis Majesty ioida of tl>o eventing liis the Frencli, med tliere to in tlie Intei- lonal declara- rds His Most anler-declara- of diplomatic aties honestly \ obliging the be altogether , not say that „ion that such »m interferinj? only apply, >• hrae'nts really ^ct, these our not interfere uppression or ;8 of the case sheries, do so se from three take bait on ies an obstacle rooms on this it the factories es are erected f if any of our Ire prepared to Ithe French are y are gradually iads, which, of ■are not set till after the French hnve lukiii nil the halt they require, and the quantity of hcrinig used foi* lobster bnit is quite insignitieaiil, and no way nffects the French baiters. As a inafter of fact, after the French had taken sulllcient bait last sprin;; in St. Gcor;j;e's Buy and departed to the Hank, the people of the bay took some 'J0,0()0 barrels. In view of all these fucts, then, we humbly submit that the sui>pression of our lobster factories (unless in cases of clearly proved obstruction to French tishing) is altogether outside the just rights of the Frimch nation, and we earnestly call for protection of the xauu!. Hut if it is the ease with regard to our tishing industries, what must be said of French interference with our mining and other land operations? It is within our knowledge' that, on representations being made by French authorities, mining and other operations on land have been ordered to je suspended, after the expen- «liture of large sums of mumn' upon the same, and that, too, even after the concession of mining licences by the Newfoundland (Sovernment, and on parts of the coast never used nor intended by the French for tisliing purposes. This, we beg to submit, is a most preposterous assumption of right on the part of France, and we earnestly ask for protec- tion and facilities in this matter. This unwarranted pretension of France has been the cause of keeping this portion of the country in a backward state, and causing our rich mineral and carboniferous deposits to lie undcvelo|}ed. Even at the present moment wealthy capitalists arc ready to undertake mining o|)era- tions hei-c, but arc deterred from investing capital unless secured in the right to carry on their works without interruption and with free access to the coast. Again, on all our grants of land conditions are laid down rendering them utterly useless, to wit, that we shall not erect any permanent buildings, and that we shall be prepared to yield up our lands at a moment's notice. Is is impossible to hope that agriculture or any other industry can flourish under such conditions. We therefore, in conclusion, earnestly request — 1. Protection tor our lobster factories and all other fishing industries which do not interfere with French fishing rights. 2. Free access to the coast for the purpose of mining, ship-building, and all other operations. 3. Grants of land unhampered by the obnoxious conditions mentioned above. And we will ever remain good and law-abiding subjects, &c. (Signed on behalf of the people of St. George's Bay), (Signed) M. F. HOWLEY. D.D., Prefect Apostolic. CHARLES JEFFERY, S.P.G. E. R. BISHOP. HECTOR McDonald. JOHN THOMAS. A. O'REILLY. JOHN CASHIN. ERNEST GARNIEN. B. R. SOMERVILLE, M.D. (C.) Address to Governor Sir T. 0*Brienfrom the Legislative Council, To his Excellency Lieutenant-Colonel Sir J. Terence N. O'Brien, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Governor and Com> mander-in-chief in and over the Island of ^N'cwfoundland and its Dependencies. May it please your Excellency, THE Legislative Council respectfully request that your Excellency will cause to be laid on the table of this House all papers which may be in possession of the Government relating to the removal of a lobster factory from White Bay during the year 1888 at the instance of the French. (Signed) E. D. SHEA, President. Council Chamber, March II, 1889. ^t I I' s ,■ ■I i I' ; 1, ■» It ■ i •^: ' . 238 (D.) Reply of Governor Hit T. O'Brien to the Letjinlatire Council. THE Governor begs to acknowledge the Address of the honourable gentlemen of the Legislative Council, requestinj; that he will furnish that body with "all papers which may be ill possession of the Government relating to the removal of a lobster factory from White Bay during the year 1888 at the instance of the French." He hns much pleasure in informing the Council that this matter has not been lost sight of, hut that, as it seems to be considered to form part, not only of the general question of lobster factories, but of the French Treaty rights, a subject now prominently under the consideration of tlie respective Home Governments, the Governor regrets that he is not in a position to furnish you at present with such portion of the correspondence as he possesses, it being incomplete and mostly of a confidential nature. He has not failed to impress on the Secretary of State the anxiety felt by the inhabi- tants of Newfoundland for an early solution of this difficulty. Government Home, March 14. 1889. (E.) Address to Governor Sir T. O'Brien from the House of Assembly. To his Excellency Sir J. Terence O'Brien, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George. Governor and Commander-in-chief in and over the Island of Newfoundland and its Dependencies. May it please your Excellency, THE House of Assembly, in Legislative Session convened, respectfully request that your ExceUency will be pleased to furnish the House with copies of all correspoadenct: received and sent by your Excellency relative to the alleged removal of a lobster factory by a French war-ship at Hauling Point, White Bay, whether between your Excellency and the Imperial Government, or between your Excellency and the owners of the said factory, their agents or counsel. (Signed) ALEX. .1. W. McNElLY, Speaker. House of A.\sembly, March 1 , 1889. (F.) Reply of Governor Sir T. O'Bilen to the House of Assembly. THE Governor begs to acknowledge the Address of the House of Assembly, dated the 1st March, and received hy him yt terday, requesting that they be supplied with copies of all correspondence thut has taken place relative to the alleged removal of k lobster factory at Hauling Point, White Bay, by a French war-ship. He has to inform the gentlemen of the House of Assembly that, ns the correspondence is incomplete, and mostly of a confidential nature, he regrets he is not in a position to I'urnisli the information sought. He, however, trusts that, as this forms part of the whole question of the so-culled " French Shore," which would appear to be now prominently under the consideration of the two Home Governments, ere long definite information on this point will be at your dispoti'nl(er. by Lieutenant Benrcroft, Commander of Her Majesty's gun-boat " Forward," which vessel was Jast year one of those sent by the Home Government to protect your fisheries. The Governor has not failed to impress on the Secretary of State the great anxiety felt by the inhabitants of Newfoundland for an early solution of this difficulty. Government House, March 12, 1889. (G.) Speech of Mr. Monroe in the Legislative Council, March 7, 1889. Honourable Mr. Monroe said he was prompted to Jisk the question in the hope of hearing from the Colonial Secretary some declaration that would jjive assurance to the House and the public that the matter alluded to in his notice of motion had been urged upon the attention of the Imperial Government from our locus standi. ■ That the imjustitiable interference with our lobster factories by the French last year, and its threatened renewal this season, had formed the basis of strong remonstrance, with the views of having all uncertainty upon the matter removed, and the minds of those interested set at rest prior to the commencement of this year's fishery operations. There is no hesitation or doubt about the position we colonists hold with regard to our territorial right upon the coast where the French have rights of fishery, and that position has been invariably upheld by successive generations of British statesmen and jurists. Therefore it was desirable that the unwarrantable action of the French should be protested against by the British Government, so that iiritish subjects who already have factories upon the coast in question, and those who may contemplate erecting new factories and embarking their capital in the lobster fishery this season may have some reasonable guaranteu that their means and property will be protected. Apart from the question of right, it nnist be manifest that a condition of uncertainty and insecurity that would forbid the employment of capital upon the coast will entail a great injury tipon the trade and hardship upon the coast dwellei's where lobster factories are, or would be, established, by depriving them of earning for the support of their families a large amount of money that would otherwise be circulated among them. Hence it will be seen that if some definite authoritative information could be given ujjon the point raised by his tiuestion a great advantage would accrue to the people and to intending prosecutors of the lobster fishery, either in the way of encouragement to proceed or by enabling them in time to avoid risking their means in operations surrounded with insecurity. He was quite aware that the correspondence upon the subject is between the Imperial Government and his E.\cellency the Governor ; nevertheless, he considered that there siiould be some strong expression of opinion, either by the Government or Legislature, if such have not been already made, against the arbitrary action of the French last year, and its threatened repetition this season. < '1 f i: 3 » ' -nibly, dated the fd with copies ot lobster lactory ; correspondence in a position to krt of the whole \o\\ prominently information on I to now it would the Colonial or ■o be an error in Irphy. If so, lu lich wai'-ship, but (H.) Messrs. McNeily and McNeihi to Mr. IVithers. , , I l^Murphy and Andrews' Claim. — French Encroachment in White Buy.^ Dear Sir, St. .John's, Newfoundland, August '2\, 1888. WE have yours of yesterday's dale, which only came to hand this morning. We have made all necessary inquiries into the title of our clients, and we find that their title to the land and premises upon which their lobster factory was erected, though they do not claim by any grant from the Crown (which would be hampered by the usual unwarranted restrictions), is based upon — 1. A right of possession in themselves, as British subjects, to that portion of British territory at Bear Cove, in Hauling Arm, White B{^, in-tbe Island oi Newfoundland, upon jvhich they elected to make their buildings. 2. Upon an agreement with Job Pool for lease or sale of the premises. Pool has been in possession of the premises for six or seven years at least. We cannot find at I I !■ i\ E I |l ihj i. ' ; - ■ ' • ; ! i 1 i: i! 240 present how far beyond tliut periud his title extends, but tbero bus been duiinj; that time, and previously, ereeted upon the premises a dwelling-house, store, stage, and flake. Under the agreement referred to, our clients had the option of paying an annual rent or of purchasing the whole interest of Pool, but up to the time of the French interference they had not exercised their election, but were in lawful possession. We are, &c. (Signed) McNEILY and McNEILY. (I.) Messrs. McNeily and McNe'dy to Mr. Withrrs. [Re Lob.tter Fishery at Hauling Point, IVhite Bay. — Claim of Murphy and Andrews.^ Sir, St. John's, Newfoundland, August 4, 1888. IN this matter, during the absence of our client, Mr. Andrews, at St. John's, a notice, copy of which we append, was served upon bis partner, Mr. Murphy. In conse- quence of this notice, and in obedience to an order the legality of which our clients do not recognize, they have removed all their plant and material from Hauling Point, and have sustained great loss thereby. Their whole season's fishery has been ruined, and they have to submit that, in these circumstances, their acquiescence in an unwarranted command sitould entitle them to full compensation for the damage which has occurred to them. Be good enough to lay this matter before his Excellency the Governor in Council. We have respectfully to request that this notice and all our correspondence should be laid before the Imperial authorities, and that the case of our clients sliould be taken into favourable consideration by those upon whom it devolves to carry out the true intent and meaning of the compacts between the High Contracting Parties. It would be a matter of interest for us to know if the action of Commander Bearcroft is sustained by Her Majesty's Government, or if, on the other hand, he had been simply exercising an individual discretion, and assuming on his own behalf to interpret the spirit of the Treaties. We have, &c. (Signed) McNKILY and McNEILY. (J.) Notice. By John Edward Jiearcroft, Esq., Lieutenant and Commander of Her Majesty's gun-boat " Forward " : To Mr. John Murphy, WHEREAS the rights of Ashing enjoyed by French subjects will be interrupted and interfered with by the fishing for lobsters and working of iactories on the cast side of White Bay, I hereby give you notice that the fishing for lobsters and working the factory under your management is to be discontinued. Given under my hand, on board Her Majesty's ship " Forward," at Hauling Arm, White Bay, this 29th day of June, 1888. (Signed) JOHN E. BEARCROFT. March, of New Messis other d land, re of lishei la lespectii 'i'h memorii refitfrred 1. not intei 2. purposes 3. Wit AJarquis with Mt of Her ]V possessioi on the su It the main connected ignore the inemoriali ment. Her ■Ill lins; that and flake, lal rent or iterfcrence SEILY. indrevisJ] t 4, 1888. It. John's, a r. la conse- ar clients do ig Point, and that, in these B them to full or in Council, should be laid be taken into rue intent and iiider Bearcroft id been simply pret the spirit McNEILY. lesty's gun-boat I interrupted and ^he cast side of ning the foctory Hauling Arm, Larcroft. No. 140. Colonial Office to Foreign Office. — {Received May 9.) ( lilxtract.) Downing Street, May 8, 1889. T AM directed by Lord Knutsford to acknowledsjje the receipt of your letter of the T5th ultimo, relut'ng to tlic qucistion of markinia: small flsbiug-boats employed in the fisheries on the coasts of Xinvfoundland. Lord Knutsford agrees with the Marquis of Salisbury that the request of the French Govci-nment that all snch boats should bo marked so as to facilitate the detection of offences asj^ainst the law is reasonable, but there are circumstances which render the present moment a somewhat inopportime one for addressing a communica- tion to the Colonial Government in the sense suggested in your letter. Tt must be i-omombcred that the Newfoundland Government has already given instructi(ms for the observance of the law with respect to the marking of the larger class of vessels under the Merchant Shipping Act, and the Colony has recently obtained legislative authority for tlu^ suppression of cod-traps shortly after the commencement of the fishery season of next year. For these stops, both taken in the interests of the French, no advantage whatever has been obtained in return. I am further to request that you will inform Lord Salisbury that a general election is to take place in Newfoundland in the course of this year, and there appears to be uo probability that the Local Government will be able to make any progress with this question until after the election. No. 141. Lord Knutsford to Governor Sir T. O'Brien, Sir, Downing Street, May 10, 1889. I HAVE the honour to acknowledge the receipt of your despatch of ti)e 16th March, inclosing Addresses presented to you by the Legislative Council and Assembly of Newfoundland, in which the presentation of papers relating to the removal last year of Messis. Murphy and Andrews' lobster factory at While Bay was asked for, and forwarding other documents, including a Meuiurial from inhabitants of the west coast of Newfound- land, relating to the lobster factories established on the coast, and to the French rights of fishery under the Treaties and engagements between this country and France. 1 approve of the replies which you returned to the Legislative Council and Assembly respectively. The Memorial from the inhabitants of the west coast, after giving the views of the memorialists as to the meaning and interpretation of the Treaties and engagements referred to, prays for — 1. Protection fur British lobster factories and all other fishing industries which do not interfere with French fishing rights. 2. Free access to the coast for the purpose of mining, ship-building, and other purposes. 3. Grants of land unhampered by certain conditions referred lo. With regard to the first point, the papers recently sent to you, including the Marquis of Salisbury's cunnnunications to M. Waddington, which relate to the interference with Messrs. Murphy and Andrew^s' factory at White Bay, and which explain the views of Her Majesty's Government as to the rights of Britisli subjects, will have placed you in possession of all the information that can, up to the present time, be communicated to you on the subject. It is impossible for Her Majesty's Government to give any distinct assurance as to the maintenance of the British lobster factories en the coast, while the questions connected with them are in dispute with the Government of France, and they canndt ignore the passage in the Declaration of 1783 relating to fixed settlements, to which the memorialists attach a very different meaning to that entertained by the French Govern- ment. Her Majesty's Government, however, still trust that it may be found possible to Laebj 2 I H., i ■.. w ■ "^ i h H 1 1 i - i \ 1 \ i\ , . Hf !■ 242 arrive at some understanding witli the French Government on the subject of these lobster factories. As regards (2) tree access to the coast for mining operations, Sic, this matter was, to a great extent, dealt with in the Arrangement of 1885, which, much to the regret of Her Majesty's Government, was rejected by the Newfoundland Legislature. Until some fresh arrangement shall have been come to with the French in the matter of the fisheries, such free access as is desired for the purposes mentioned cannot be given by Her Majesty's Government. With respect to ('<) the question of the issue of grants of land unhampered by the conditions subjecting such i;rants to a reservation in favour of French rights, Her Majesty's Government regret that they are unable, in the present |)osition of the Fishery question, to meet the wishes of the memorialists. You are at liberty to communicate to the memorialists the substance of the above remarks upon their Memorial. I may assure you, in conclusion, that any favourable opportunity which may present itself for arriving at a settlement with thu Government of France of the general question of the fisheries will not be neglected by Her Majesty's Government. You are, however, aware that many of the questions outstanding would have been settled had the Arranjse- ment of 1885 been confirmed by the Colonial Legislature. The papers inclosed in your despatch, which relate to the title to the land on which the lobster factory of Messrs. Murphy and Andrews was erected at White Bay, supply the intbrmation desired by Lord Salisbury in connection with tliis case, waA have been com- municated to the Foreign Office. 1 have, &c. (Signed) KNUTSFORD. i 'll' No. 142. ForeUjn Office to Colonial Office. Sir, Foreign Office, May 10, 1885). WITH reference to youi letter of the 30tli ultimo on the subject of the lobster fishery on the west coast of Newfoundland, I am directed by the Marquis of Salisbury to state that he has j:iven his most careful attention to those portions of the Governor's despatch inclosed in your letter which relate to the state of feeling in the Colony in regard to this question. It would appear from the Governor's Report that the agitation on the subject continues, and tends, as the fishing season approaches, to increase both in the Legislature and in the community at large, and Sir T. O'Urif.i urges strongly that some detinite information should be given to the public as to the position and rights of the inhabitants, and that he should be at least authorized to give an assurance that, pending a definite solution, the status quo will he maintained, or that at all events those lobster f'actoiies erected by British subjects which have been existing for years past should not be interfered with. Lord Knutsfoid is well awaie of the difficulties which beset the question, and which render it almost impracticable under present circumstances to satisfy the re(iuebt of the Governor, There may be said to be three different contentions in regard to this matter. The French Government hold that the Treaties secure to tlitm the fullest rights of fibhery and piiscrving of fish along this puition of llie coast, including the catching and caniiing of lobsters, to the exclusion of British fishermen, whose operations, if permitted at all, are to cease at once upon notice from the French. They equally contend that British subjects are deb.irred from erecting factories or settlements of any kind along the shore, and the only limitation which they admit of their own rights, as above stated, is that the establishments erected by French citizens for the preserving of fish shall not l)e permanent buildings. Her Majesty's (Government have not attempted to claim that, under the terms of tiic Declaration of Versailles of 178;3, British subjects have the right of erecting lobster- canning factories inuutdiately on the Treaty Shore, but they contend that the Frencli theiuselves have no right to erect such establishments, nor do they adiiiit that the catching le lobster alter was, regret ot ,hc iiuitter be }5ivc« red by the r Majesty's uestion, to f the above my present rai question •e. however, le Arranjje- nd on which , suppiy the e been coui- rSFOHD. ,j 10. 188«.). if the lobster is of Salisbury he Governoi|'s he Colony in In the subjtft Ihe Lc;;islature some definite iie inbubitanls, ling a definite ,bsttr lactones should not be lion, and which 1 ie(|uebt of the latter. fullest ri^lits of lie catching: and lis. if permitted ly contend that f kind along the le stated, is that li shall not be Ihe teiius of tlic Irecting lobster- Ibat the Frenc.i hat the catching 24S of lobstei-H is included within the fishery rights secured to the French by Treaty. They maintain, moreover, that Uritish subjects have the right both of catching lobsters and of other fishery along and off the Treaty Shore, except in cases where it can be proved that their operations actually interfere with French fishing. Finally, the Colonial Legislature and the inhabitants on the coast not only claim the rights of fishery for themselves and the limitation of French rights as contended for by Her Majesty's Government and set forth above, but they regard it as an intolerable grievance, and as contrary to the intention of the Treaties, that any restriction should be placed upon the establishment of factories on the shore, except the sole condition that they are not actively to interfere with the fisheries and temporary fish-curing establishments of the French. They point to the fact that these lobster fisheries and lobster-canning establishments have existed up to 1S80 without remonstrance on the part of the French as conclusive proof that they do not constitute such an interference. The views, therefore, of Her Majesty's Government are not of a nature to be entirely satisfactory to the Colony, but still less does there seem to he any j)robabiIity of their inducing the French Government to accept them, or of their obtaining the assent of that Government to any ariangemcnt which will not be resented by the Colony as a sacrifice of its interests. 'J'he question involves arguments ol much nicety as to the exact verbal construction of the Treaties, and as to the intentions of the stitesmen who negotiated those instruments more than a centm-y ago. Such arguments, however sound they may be, are not generally of a nature to preclude at least a plausible reply, or to carry absolute and inuiiodiatc conviction to the opposite party interested. The question seems, therefore, to Lord Salisbury to be one of which it would be proper and useful to obtain a decisrm l)y impartial arbitration. Such a decision, to whichever side it migiit incline, would, in his opinion, be less Hisndvantageous than the present condition of uncertainty, in which all the parties interested consider that they have legitimate grounds of c(miplaint, and no certain basis is afforded for ulterior negotiations towards a permanent settlement. His Lordship would consequently propose to Secretary Lord Knutsford that the two parties should be approached wit!i a view to the settlement of the question by reference to arbitration, and that the issues to be so referred should be : — 1. Whether the taking and preserving of lobsters can be properly considered as incluried in the terms of the Treaties which give to the French the liberty of fishing and drying fish on certain specified parts of the coast. 2. Whether lobster-traps set by British subjects along the coast can be said to interfere with French fishing operations in such a manner and to such extent as to constitute an infraction of the Treaties. Lord Salisbury would be glad to have Lord Knutsford's opinion as early as possible, both upon the main question of arbitration and also on the terms and the limitations of the reference and the choice of an Arbiter. The latter points will, of course, he subject to reconsideration in the course of discussion with the French (government and the CJolony, but it would be desirable to have a distinct understanding as to the arrangements which it should be sought to obtain. I am, &c. (Signed) T. H. SANDERSON. 2 I ;J it t I v I t rr i! . ■ li- 1 1* ;' ! ! !l4 I ^ ^ 1 II t i ' i 1 ■J if. 11 ■ : f !i|,H ti ^^i n I' 3 ^ ■ 1 244 No. 143. ■ The Marquis of Salisbury to M. Waddington. M. I'Ambassadeur, Foreign Ofice, May 14, 1889. I COMMUNICATED at once to Her Majesty's Secretary of State for the Colonics the inquiries which were made by M. .Tusseranrt at this Office on the 20th ultimo as to the present imsilioii of the question of marking small fishing-vessels in the Colony of Newfoundland. I regret to inform your Excellency that there are at present serious difficulties in the way of carrying any measure of the desired character tlirough the Colonial Legis- lature. The local Customs authorities have, however, retfeived instructions carefully to enforce the provisions of Ihe existing Law, which requires that all decki^d vessels of over 15 tons burden shall be registered and propei-ly marked ; and it is tb(^ opinion of Her Majesty's naval officers that this rule, if strictly observed, is sufficient for the object in view. As regards the question of the suppression of cod-traps, on which M. Jussemnd also desired to be informed, your Excellency is aware that, in view of the large amount of capital invested in them, and the loss which would be intiictcd by their immending the entire suppi-ession of the cod-traps, instructions have been given to the British naval authorities of a special nature, with the object of preventing any undue interference by reason of these traps with the fishery of French citizens during the present season. I hav(!, &c. (Signed) SALISBURY. No. 144. Colonial Office to Foreign Office. — (Received May 28.) (Extract.) Downing Street, May 28, 1889. I AM directed by Lord Knutsford to acknowledge the receipt ol your letter ol the 10th instant, relating to the difficulties which linve arisen with the French Government in connection svith the lobster fisheries on parts of the coasts of Newfoundland, and explaining the reasons which, in the opinion of the Marquis of Salisbury, render it advisable that certain issues connected with the lobster fisheries question should be submitted to arbitration. Lord Knutsford desires me to request that you will inform Lord Salisbury that his Lordship is disposed to concur generally in the views expressed in your letter, and if the French Government are ready to submit the points referred to to arbitration, he will be prepared to press that course upon the Colonial Government. Lord Knutsford, however, thinks it advisable that the views of the French Government should be first ascertained before the Colonial Government is approached on the subject. A reason for adopting this course is to be found in the fact that a solution of the difficulty in respect of the lobster factories has been suggested to the Governor in a despatch to him dated the 28th March last, and to which no reply has yet been received from the Colony. lenvin^ on that is or is n( that Com did consti Her the fiasp, of Messrs wlnck 18 c considerat '245 ' '] No. 145, Lord Knutsford to Governor Sir T. O'Brien. 14, 1889. ite for the ,n the 20th cr-vessels in imculties in (ininl Lcgis- cavefuUy to i>{l vessels of (» opinion ol cient for th«' ^I. .Tnsserand urge amount sir immediate liibiti«m sliall Act for their at the reasons , to justify it ; )y the French msts of Now- the cod-traps, i\ nature, Willi naps with the LTSBURY. L 28, 1889. Lr letter of the [Government in loundlaiid, and [bury, render it Ition should be llisbury that ins Itter, and if the Ition. he will be Itstord, however, llirst ascertained Ln for adoptin-^ 1 respect of the him dated the lony. Sir, Downing Street, May 28, 1SS9. HER Majesty's Government have given their caietul coiisideration to the case of Messrs. Murphy and Andrews, which formed the subject of Sir H. Blake's despatch of the 10th July last,* particularly in regard to the claim advanced by those gentlemen for compensation on account of the notice given to them last season to remove their lobster lactory from Hauling Point, White Bay. The facts of the case appear to he as follows : — The original complaint contained in the despatch above referred to was that Messrs. Murphy and Andrews, having arrived at Haulini; Point on the 10th June last, with the plant and supplies necessary for the i^tablishment of a lobster-canning husiniss in White Bay, and [iroceeded to erect their buildings, and had nearly completed (heir arrangements, wiien they were disturbed in their possession four days later, by the arrival on tho spot of a large number of Frenchmen, and were compelled to remove by warning received from the Commander of the French war-ship "Drac,'* which shortly afterwards arrived in the buy. For this Messrs. Murphy and Andrews claimed compensation, amounting to 2,180 dol. G3 c. But of thia sum no less than l.cOO dollars was a claim of consequential daniiigcs for estimated loss of profit on the probable result of the season's fishery. As Her Majesty's Government would certainly refuse to admit such a claim if brought against themselves, it would be difficult for tlu'in to press it iigainst the Government of another country. Under instruclii.ns fro^n tlic Scereta-y of State; for Ft:reign Affairs, Her Majesty's Charge d'Affaires at I'aiis remonstrated against the proceedings of the Commander of the " Drac," but without maUina any c laim for danuiges. M. Goblet, in answer, defended those proceedings as being no more than a proper protection of the liijhts seciucd for Ficnch citizens by Treaty, and in support of this defence he prudnced a copy cl a notice issued on the 29th June, 1888, by Commander Hearcroft, of Her .Majesty's sliip '• Forward," to Mr. .Murphy, ordering him to discontinue the tishing for lobsters and the wovkimi of the factory under his management OS interrupting and interfering with the riglit ol li-ihing enjoyed by French citizens on the east side of \^ hite Buv. In a Report subsequently communicatrd to me by the Board of Aduiiralty, Commander Bearcroft explained that, in ci'nse(|ueiice of a letter received from tlie Commander of the " Drac," he hud proceeded to Hauling Arm, White Bay, and had given the notice after having siitisfied himself that the woiking of Messrs. Murpliy and Andrews' lobster factory would interrupt, by com|)etition, the rishcri( s of the French. Her Miijesty's Government are of opinion that the fact ol the proceeding complained of having been thus indorsed by a nnval officer in Her Majesty's service would make it impossible f(ir them to urge a claim for damages against the French Government with any prospect of success. It fmther appears from papers inclosed in your despatcli noted in thp margin that Messrs. .\1urj)hy and Andrews had no valid title to the land on which they were proceeding to erect their establishment, nor had they taken any steps lo obtain such title from the Crown, As against any action cF the Imperial or Colonial authorities for their removal from the land, they wt)uld seeni to 'lave no ground of complaint. It is obvious that consi(Jerable discretion must necessarily be allowed to Her Majesty's naval officers in Newfoundland waters in deciding whether the fishing or other operutions of Briti:?h subjects interfere with llie rights secured by Treaty to French citizens ; and leaving on one side the question whether the erection of British lobster factories on that portion of the coast of Newfoundland where the French possess Treaty rights is or is not in itself a contravention of the Declaration of Versailles of 1783, it is apparent that Commander Bearcroft was convinced that Messrs. Murphy and Andrews' proceedings did constitute such an interfprpnq?. Her Majesty's Government do not deny that there is a certain element of hardship in the oias^, inasn^uch aa the French appear to have at once taken advantage of the removal of Messrs., Murphy apd Andrews tp s^t up lobster factories of their pwn, the legality of w))icb 19 contesjleil by Hfjr M^yesty's Gpver^unent; but, taking all the circumstances into consideration, Her Majesty's Government do not consider that in the present condition of * Inoloiure I in No. 107, pi !,' { ill I I- 1 ji^l J . ' !i r r ' ■ 1 ' ■1 1 ' ■■ :, 1 ■ < i ? 1. if '. ''' ' 'i i i I I; ': III I: f i: ii « 1 yoiii' Atiuistei's in (l»>cliniiij^ to introdiicp a mensure for 846 the coiitrovursy or cdis point tliero would be any advantage in attempting to found upon this case a claim for compensation against the French Government. You will be so good as to communicate thia despatch to your Ministers, and to iiuorm Messrs. .Murphy and Andrews of the decision wliioh FIcr Majesty's Government have arrived at in this matter. I have, &c. (Signed) KNUTSFORD. No. 110. Lord Kmtffifortl lo finrt'inor Wr T. O'Brirn, .«;ir, Downing Slreet, May 31, 1885). I ITAVFj tli(> honour to acknowlcdifc roccipt of voiiv tol(^<^rani of tho 1st April. 2. Tho course takiMi bv marking vossols, whinh cannot causo any inconvenience, wliich is common in other countries, and the onlv aim of which is to facilitate detection in cioses of hreachcH of tli(! law or of existing Treaties, is very unsatisfactory and disappointing to Her Majesty's Government. ."?. I transmit to you, for communication to your Government, a cojjy of the Convention concluded in 1882 between Great Britain, Germany, Belgium, Denmark, France, and Holland for regulating the poli(^e of tho North Sea fisheries, and I request that you will call the attention of your Government to Articles V to XI of this Convention, which pi'ovide for the marking of ail vessels fishing within the limits specified in Article IV. 4. Her ^Eajesty's Government is of opinion that then! is no reasonable ground on which the Government of Newfoundland can object to the introduction into that Colony of Regulations similar to those which the (Jovernments interested in the North Stja fisheries have agreed upon as best calculated to insure proper police and to prevent the o(!currence of disputes among rival fishermen. r». They request the attention of your Ministers to the following passages in the letter from Captain Hamond to Vice -Admiral Lvons, dated the 2.'>th October, ]SS7:«— " I would point out again the absolute necessity of the Newfoundland schooners lieing proj)erly marked with numbers on their sides and sails, their names being also ]jainted on their sterns, and tlie vessels registered. " As matters stand now, those schooners which fit out for their summer voyage for fish are imder no control whatever. " With proper means for identifying vessels, I believe the greater part of the wrecking of the * Belem ' would not have occurred." G. Her Majesty's Govercmcnt trust that this matter will, without delay, receive the serious consideration of your Ministers, with a view to further legislation on the subject, and that in the meantime continued vigilance may be exercised in regard to the strict enforcement of the existing law. I have, &c. (Signed) KNUTSFORD. No. 147. The Marquis of Salisbury to M, Waddington, M. TAmbassadeur, Foreign Office, June 22, 1889. ON the 1st ultimo M. Jusserand made at this Office an intimation, on the part of the French Government, to the efTect that St. Margaret's Bay and Brig Bay, on that part * InclMure iq No, 8S, iff ■ 4* ■■}•'■ found upon ers, and to government rSFORD. n of t1»o 1st :\ mensuvo for men in oWwy )f brenclieH of ntins to H«'i' I f0i)y of tlie Lim, Denmark, and I request to XI of this hin the limits vblc ground on jtion into that ;.d ill the North and to prevent passages in the 2r)tl» October, [Hand schooners imes being also |summer voyage iter part of the Jit delay, receive [gislation on the Ised in regard to ITJTSFORD. June 22, 1889. r on the part of ■Bay, on that part 24? of tile coast of Newloundl.iiul wlicre tlit- Kiencli possfss fishery rights, had heen allotted lor the forthcoming season as Hshing-gruunds to the vessels belonging to the Frencii house of Thtibd Lourinand. This intimation was duly communicated to llcr Majesty's Secretary of State for the Colonies ; and I have now the honour to ac(iuaint your Excellency that it is found, on examination of the information in posstssion of Her Majesty's Government, that British lobster fisheries have for some time been eslablisbed in the two bays in question. Instructions will be sent to the British naval officers on the coast to take care that in these bays the admitted rights of fishery granted to French citizens under the Treaties shall not be interfered with by British fishermen. Your Excellency will, however, remember that I stated, in my note of the 28th March last, that Her Majesty's Government are unable to admit that the right to catc h and can lobsters comes within the purview of the Treaties ; and I think it right to say that, pending any arrangement for the solution of the question which has arisen on tills point, Her Majesty's Government cRiinot undertake to issue instructions to their naval officers on the Newfoundland Station which would have the effect of facilitating the pursuit of this industry by French citizens, to tlie prejudice of that carried on by British subjects. Her Majesty's Government trust that there is no foundation for a report which has reached the British navnl officers on the Newfoundland Station to the effect that there is an intention of establishing a large French lobster factory at St. Margaret's Bay. Her Majesty's Government must earnestly protest against the establishment of fresh lobster factories by French citizens, especially while questions relating to such establish- ments are in discussion between the two Governments. 1 have, &c. (Signed) SALISBURY. No. 148. M. Waddinaton to the Murqiiin of Sullxburj/. — {Received June 24.) M. lo Marquis, Londres, le 22 Juiii, 1880. PAR Sa lettro du 14 du mois dernier Votre Scigncurie a bien voulu mc fain; connaitrc los derni^rcs dispositions prises en vuo de faciliter ridontification des goelcttes noniades ct d'assurcr la suppression dcs trappos ii morucs. Yous mc faites connaifro pour quels motifs il n'a pas ete possible de faire disparaitrc; iimnediatcment ccs engins, mais en mc rappelant qu'ils scront supprimcs a partir du 9 Mai procbain, vous voulez bien m'informer que des instructions ont etc ouvoydes aux autorites conipdtcntes afin d'empecher que I'usage dcs trappcs pendant la presentc saison ne s'cxcree au prejudice de nos p^cheurs. Tout en regrcttant qu'il n'ait pas j)aru possible au Gouvernement do la Heine de proceder sur Ic champ il la suppression d'engins aussi nuisibles que Ics trappes a morues, ]'ai I'honneur de prendre aetc des assurances que Votrc Seigneurie a bien voulu me donner tant pour ce qui concerne leur disparitiou a la date prccitec que pour Icur emploi pendant la presente saison. Pour ce qui regarde les goelcttes nomades il semble, d'apros les renseigiicments vecueilHs par nos autorites, que le Gouvernement Local se soit borne jusqu'ii present a inserer dans la " Boyal Gazette " uu Avis au public rapi)elant les dispositions de la section 'H du " Merchant Shii)pini>' Act," qui s'applique uniquement aux navires Anglais immatricules ; or, Ins goelcttes nomades qui no soul pas immatriculecs eehappent aux prescriptions ainsi rappelccs, et pcu importc alors lour tonnage. Ainsi que le salt Votrc Seigneurie, mon Gouvernement (jstinie qu'il serait de I'interet comniun que toutes les godlettes, sans excef)tion, fussent astreintes a porter un signe distinetif. Si toutefois I'objet de nos desirs ne pent 6tre atteint quant h pr<5sent dans son int(5grite, du moins crois-je pouvoir compter sur des mesures plus oflficaces que cellesqneji! viens de rappeler. Je compte a cet egard sur les promesses que Votre Seigneurie a bien voulu me faire et qu(; contient Sa dep^che prccitec, supposant, d'ailleurs, (ju'ii la date oii les renseignements que jc viens de rappeler ont ete envoy es h mon Gouverne- ment, les instructions dout parle Votre Seigneurie n'avaieut pas encore pu parvenir any autorites comp^tcntes. Veuillcz, &c. (Signe) WADDINGTON ■ I ! -If I i ' HI >. II • t fi 1 1 1 5 19 li 048 (IVansIation.) jVIy Lord, London, June 22, 1H89. IN your letter of tlie litli ultimo Your Tiordsliip wnw f?ood enough to ncmmint nie witli the latest mcasuros adopted tvlth the viow of fiwilitating tho identitimtlon of stray Usliiii<;-NmaekM, utid of insuring tiio abcdition of cod-trnps. Vou inform mu of tlio reasons wliicli render the immediate removal of thew* ei\!?ine8 impossililo, but, while poiut'ng out that they will he abolished after the l)th May next, you nro gooil enougli to state that insti'uetlouH have been sent to the proner autliorities to prevent traps being used durirtg the present season in a niannur detrimental to our tishur- ni(m. ■yVliilst re£!r(>ttini.' tliat Her Majesty's Government have not soon their way to an immediate .ibolif ion of siieli injurious cnginOs as eod-traps, T liaAo tho honour to take ait of the assiiranees whieli Your liordsbip has been good enongli to '^ive mo, not Only as regards tlieir abolition at the date above mentioned, but iilso as regards their use during the present season. As regards stray fishing-smacks, it appoai-s, from tin; information of our authorities, that the Loejil Government have eontined themselves hitherto to inserting in tho " Royal Gazette" a Notice to tho ptiblie reoiting tho provisions of section 34 of the " ^Merchant Shipping Act," which applies solely to ri'gistered English vessels ; but stray fishing-smacks which aro not registered escape the provisions thus cited, and their tonnage is therefore a matter of no importance. As Your Lordship is aware, my Government are of opinion that it would be to the common interest that all lishing- smicks, without exception, should bo compelled to carry a distinctlTc mark. If, how- ever, our wishes can&6t at present be fulfilled in their entirety, still I think that I may count on ttiore eflRcacious measures than those I have mentioned above. I rely in this connection on the promises which Your Lordship was good enough to give me, and Avbioh are contained in your above-mentioned note, on the supposition, moreover, that, at the date on which the information mentioned by me was sent to my Government, the instructions referred to by Your Lordship had not had time to reach the competent authorities. I have, &c. (Signed) WADDINGTON. No. 149. M. Wnddiiujton to the Marquis of Salisbury. — {Received June 26.) M. le Manjuis, Londrea, le 22 Juin, 1889. VOTHE Seigneurie a bien voulu, p;ir Sa lettre du 28 Mars dernier, me faire connaltre |p8 vues d'l Gouvernement dc Su Majestil la Reine rclativement aux usines de preparation de conserves de homards dtablies par le Sieur Shearer sur lu c6te ouest de Terre-Neuve, et par Sn lettre du I.t Avril* r^pondre aux re'olaniations formuldes'par men Gouvernement au nom du Capitaine Belin, dotit le^ fildts avaient «^tc d^chir^s par les casiers du mdme Shearer. Je me p,'rmettrai de repondre a la tbis i ces deUx conununications, qui sont connexes. Dans la derni^re de tes conununications, Vol.re Seigneurie croit devoir contester la nature et I'origine de Tavarie pour laquelle nous demandons une reparation. D'apr^s les i-enseignenients I'ournis au Clouverneuient de la Reine, les filets employes par le Sieur Belin auiaient e'te reconnus si pourris ()u'ils etaient iinpropres ^ I 'usage de la pdclie et que si ce capitaine les a ett'ectivement (ail servir dans le but qu'il allfegue, ce nepeut avoir etd ()u'eii vue de se procurer un prdtexte a une reclamation ; en consequence, s'il y a eu (loiiiinage, il n'auruit pas seulemeiit ete accidentel uiais il serait r^sulte du fait personnel de M. Belin. En second lieu et d'une uiani^re plus generale, dans Sa lettie du 28 Mai, Votre Seigneurie rn'a (ait connaltre que le Gouvernement de la Reine nc saurait admettre que les privileges qui nous sonl garantis par les Traitt's sur la cote de Terre-Neuve fussent en aucune fa(;on violes par le Sieur Shearer, et elle declare ne pouvoir eonsentir a fermer les etablissfineiits de cet industriel. Enfin, Votre Seigneurie ne croit j)as devoir nous reconnaltre le droit de pficlier le lioniard it d'en pre|)iirer (!es conserves sur la c6le au moyen du genre d'installation dont nous avous lait usage dans ces deruiores ann<:es. "•' < Tr-r . -, ■ . i • • Not printed. f)repan paraiss mental pas dci: Traitd la pecli par d'f assurer du IVa Neuve est par 22, 1H80. to acjciwalnt titlofltioii of ifofin mo of )8Hi1)lo, but, ^{)U nre k<>"<* 18 to prevent ^ our Hshcr- •ir way to nn moiir to tnkp mo. not only lids tlioiv UHf jtion of our to inserting ' grction 34 of gligh vessels; hus cited, nnd 1 is aware, my lat all ttsbing- nrk. If. liow- nk that I may 1 rely in this give me, and noreover, that, y Government, the competent iDINGTON. J6.) f!2 Jutn, 1889. [e faire connaltre de preparation [Terre-Meuve, «t )ouverneme»>t au [asiers du mfime jations, qui sent ^oir contesler la an. D'apr^B les uis par le Sieur . la pfiche et que Jce ne peut avoir fence, s'il y a eu Ifait personnel de lu 28 Mai, Votre ladmettrequeles Neuve fussent eu Luir a fenner les Lit de pficher le rinstaUation dont 249 nirn que dims les divcrRci Icttrcs que j'ai eu I'honncur de vout adreaser dans le conrant de I'annt'e dcrni^rc iiu sujet de la p^cite du hoinnrd et de la question Shearer, j'aie <\6iit fait connaltre la nmniCrc de voir de mon (iiouverncnient et expos^ les arguments aur lesqucls clle s'appuie, jo vous dcmandcnii la permission dc rtisumcr ici les rnisonncmentt qui justiflcnt h mon avis d'une munierc absolue nos rcvendicntions. Sur le premier point, tout de fidt, voici les rciiseiiiinements compK-mentaires quo le Commandnnt de notre stntion naviile vicnt do fournir h mon Oouvernemcnt. Dans I'opinion de cct otlicier siip^rieur, hi rntH reit^res, oncond)rait de ses casiers I'ansc de Gargamelle et les abords de rile Keppel, oil le capflnn sVst pr(!!sentu cii abondnncc duns le courant du mois do Juin. La sennc de Belin a ^t^* d^tbnci^e cmi d(Si)ordant sur des casiers de fond Anglais qui dtaient mouilles sur grnpnins et Icstes de pierres ; la d(5cliirure pr^scntuit plusieurs m6tres carr^s de surface, Ce filet a 6t6 nionho au Capitainc Haniond, k bord du " La Clocheterie." Co dernier a dcclard, il est vrai, que le ret ^tait pourri, et a rdussi, en effet, d briser, sous un effort de traction, quelques niailles voisities de la br^chc, mais sur Tobservation du Commandant Mumann ([uo cette partie dc la senne etait d6}h affaiblie par le raguasjc et le poids del casiers, et ne pouvait pas Ctre prise coinme terme de comparaison, I'expdrience flit recummcnc^e sur d'autrcs frontons tant nttrihudu uux p^clicuri FiunynU, ct lu puitio lui mtd (Ioh nu'»iies prixixintoireA forninnt Ic lot iIch pc'cbriirs AiiglaiH. I^i mots *' tl(|nc tL*mpH tpic cc soit Mur la dilc ilc ct Icn IIch adjacentcs en tout on en partie, d'v fortifier aucun lieu ni d'v etal)lir aiicuno habitation en fa9on (|uelcon(|iic ; en nn mot, de prendre pied dnns le pays ni d'y ricn fonder dc pennanent (|ui pninne dcvciiir unc menace pour lu tioiiverainot<'> Anglaioe. Voir one intention elrnite dans les mots tieeher, poisgon, eclialliiuds, &e., qui se trouvent dans Ic niemlirc dc phrase suivant, e'est preter aux ne^o- ciateur8 de I'dpoquc dcs vues (pi'ilii ne pouvnicnt pas avoir, ct dennturcr f*rkremcnt Icnra preoccupations. Par eonsdcpient, les hangars mobiles oii nos capitnines font hoiiillir et niettent en boites les liomards, hangars <|ui en Hn de saison disparaisscnt bicii pins eoni- pUMeincnt encore (pic Irs chaiid'ands ne sont pas plus dresses en violation dc^ Traitds (|uu nc Ic sont les chauffauds cux-memes. Lcnr earaeti>re est la pr<5caritier8 li homards ne peut pas etre cxploit«5 par la sennc et unc region qui pourvoit unc hciniircicric est par ccia nif'inc cnlevde a la pCche ordinaire. C'est de celte inconiputibilite qu'cst n6 I'incident Balin-Shearer. II laut, de deux choses I'une : ou bicn adniettrc que notre droit privil^gid dc p^chc s'etcndo suivant I'esprit du Traitd d'Utrecht h toutcs les especes marines, ou bien reconnaitrc (juc Ic droit dcs sujtts Anglais de p^cher et de preparer le homord renvcrse toutcs les dispositions, ct du Traite ct de la Ddclarution du Koi Georges, ct 8up|)rime pratiqucmcnt tous nos droits. Pour ces motifs, sur lesquels je nic permets d'appclcr dc nouveau toute I'attention du Gouvernement de la Reine, le Cabinet de Paris croit devoir maintenir sa demande d'indemnitd en faveur du Capitaine Belin et la suppression de I'usinc Shearer (Stublic en contravention des Truitds. Nous ne pouvons que maintenir dc mtinte notrc droit dc p^cher et de preparer le homard sur le " French Shore '' puree qu'il resulte de I'esprit du Truitd d'Utrecht, ainsi que je crois I'avoir cluirement rappclu plus huut. Veuillez, &c. (Sign(5) WADDINGTON. (Translation.) My Lord, London, June 22, 1889. IN Yoiir note of the 28th March last Your Lordship informed m(^ of the views of Her Majesty's (iovernmont with regard to the lobster factories established by Mr. Shearer on the west coast of Newfoundland, and in your note of the l.^th April Your Lordshij) replied to the claims put forward by my Government on hehalf of Captain BtiUii, yhose nets had been torn hy the lobster pots of this very Mr. Shearer. I beg to riBjifty to these two commiinications at the same time, as they are intimately connected. In the latter of these communications Your Lordship contests the nature and origin of the damage for which Ave demand reparation. According to the information fui-nished to Her Majesty's Government, the nets used by M. Belin are alleged to have been so rotten that they were unfit for fishing purposes, and that if that gentleman employed them with the alleged object, it can only have been in order to have a pretext for a demand for compensation. If, therefore, any damage has been done, it is alleged, not only must it have been accidental, but it must have been the natural Consequence of M. Belin's own action. Secondly, in your note of the 28th March Your Lordship informed me that Her Majesty's Government could not admit that the privileges granted to us by the m )r.)iii(int()ire» Jc deux cl»osc8 951 Tn'tttlrii (HI t\w NnwfoiiiKllnnd «'onHt Imd In any way boon violnted by Mr. Hli('ar»>r, and Yonr liOrdHliip d(>«>liiri>d timt you could nr»t, cotiMfnt to thn cloAinif of tliiit )f)>ntlnt. linntly, Your LordMliip dt'cliiioM to rt>(*omni/.n our ri^ht to \\h\\ for lolistrrs nnd to nn'scrvc Humu on the i-oiist in csliiljlishmtMiti* of the kind usod by uh Tor tin* Innt lew ypiu'H. Altliouifli, in tlii< Ncvcral notoM wliicli \ liavo bnd tlio bonour to addrt'sM to you in tlic course of |;ist year on (he subji't't of tbt; lobster llsbcry nnd of Mr. Sboaror's caso, r have already stated Ibe views of my Oovernincnt and explained the reasons on wlii<'b tliey are based, f bet? leave now io reeapitulati? tbe arguments wbieb. in my opinion, entirely justify our claims. With reujaril to the llrst (luestion, wbieb is cme of fact, tlu« folluwinj^ additional Intorination has bei'u furnishetl to my (ioverninont by tbe Commander of our naval station. In tbe opinion of this otllcer of hii;h rank, Captain Itelin's claim is perfectly justified, and based on real damage caused by Mr. Shearer. 'I'be latter, in spite of repeated warning's, blocked with his lobster pots (Jarifanielh* Cove and llu* approaches to Ivcppel Island, where capelin were abundant in tbe intmtb of June. .\l. Mclin's Hciiu' \V!is torn on cominij into contact with tbe Kni,'lisb i^round lobster pots, which were held by ijrapnels and weighted with stones; Ibe portion torn was several scpiare metres larf^e. 'riiis nel was shown on board the " Clocheterie " to Cajilain iramond. The latter, it is tru(>, declan>(l that (be net was rotten, and, indeed, succeeded, with some cH'ort, in tearini? several nu'shes cdoso to tbe hole, but. on the r(>mark of Captain Ihunann, that this part of the seine was already weakened by tlu; friction and tbe w(>ii,'ht of the bdjster pots, and could not be taken as a fair standard, the experi- ment was reiu'wed on other portions, wbicdi resisted, fn fact, this net had been usually employed ftu' tin; Hsbini; of cai)clin, and Captain Helin bad no other on the spot. ft was rendered unlit for use by Shearer's engines, and Melin had a double loss ; lirst of all in the destruction of bis seine, and secondly in beini; unable for several days to lisb for bait. It seems (piitc clear that the destruction of iisbin<; implements constitutes prima facie an " interruption " in tbe sense of the Tn-atics. An indenuiity is, therefore, due to Captain Itelin, and I nuist persist in tlu! demand for such an indemnity, in accordaiu-e with th(> instructions which I Imvo received. I cannot but enerijetieally repudiate the cluir^'e that a net unlit for use bad been em[>loyod as :i pretext for putting forward a claim. As to the right of Mr. Shearer to erect and work bis factories, I can only repeat tbe arguments, in my opini(m unanswcrabb", which 1 have already submitted to Your Lordship. Iler ^fajesty's (iovernment arc aware that the principle of the Treaty of Utrecht was the partition of Iho Xewlbundland coast between English and French for purjioscs of fishing; that in \7H'.i, as it was found that a i)art of the said coast, namely, that extending from C!ap(« Bonavista to Cape St. John, was being worked by both nations, a supplementary Convention, to completti the separation and assure harmony of working, was concluded, by which this part is given to tbe Knglisb, whilst, in exchange, the Frenidi received the jjart lying between Point llieho and Capo Ray ; that a Declaration of King (Jeorge annexed to this Convention engages that all fixed establishments on the " Ereneb Shorn " should bo withdrawn; that, on the other hand, tbo same Declaration states that Ilis Britannic Majesty will take the most positive measures fru' pnsventing bis subjects from interrupting in any manner by their competition the fishery of the French, and molesting them in any manner in their fishing operations ; that, lastly, it adds, with regard to the action of the iishermen of both nations on the " J">eneb Shore," that previously existing customs shall not bo infringed by cither side. Now, is it not true that the Shearer factories an^ erected on tlu! " French Shore," that is, (m a spot where there should he no establishment behmging to an Englishman ? Is it not C(|ually true that Mr. Sheartu- shelters himself behind the privileges of the " French Shore " in order to refuse to cotiform to the English Jfegulations as to tlur preservation of fishing grounds, and covers with bis lobster pots an extended ground whereon fishermen can no longer follow the migrations of the capelin and the cod without exposing themselves to the risk of having their fishing implements destroyed ? This being the case, how can it be said that Mr. Shearer conl'orms to the Treaties, and do(>s not violate our rights ? As regards the third point, that is to say, our right to iish for, and preserve, lobsters as wcdl as cod, Y^our Lordships communications do not appear to nio to answer the arguments which I have already put forward. Tho reasoning of Her Majesty's Government might bo summed up as follows : Crustaceans are not fish in ■[209] 2 K 2 ;iil ill ii 252 il W i tlie sense uuderstooil by tlic Signatories of the Treaty of Utrecht, and as this Treaty itself authorizes the establishment of such scaffolds and huts only as are used for cod-fishing, it does not apply to produce which is preserved by processes other than drying. But to interpret in this manner the Treaty of 1713 is surely to depart from the spirit of this Inteniational Act. In reading Article XIII of the Treaty of Utrecht, the one ])romiiioiit idea is v.:at the sovereignty of Newfoundland jjasses to the English Crown, but that, as ri^gards the working of the fisheries, the coast is divided between the two nations, the part north of Cape lionavista and of Point Riche being givf-i to the Pr(>n(!h fishermen, and the ))art south of those ])romontories to the Englisli. Thn lies in fight to the , or to erect lie country, iovercignty. ccur in the which they mind, "nie sheds which g estahlish- the drying temporary, .9. All this ore 1713 the I the French le of things, t the coastal coast where tablishiug, in L'al character, f fishing for jht to catch ony, hut, on nsions which my previous diing for cod 'd on concur- iiind covered ilies a lobster out of this iigs : either it spirit of the ;ht of British liie Troaty, as Ir rights. Intion of Her iiand for an oarer factory our right to lordance with Ivo. llNGTON. \ly 9, 18S9. lency on the 1)1 Newlouiid- reply to the lubject of the The note in question treats of the claim of Mefcsrs. Dupuis-Ilohial and Besnier for compensation on account of4he diminution of their catch of fish, which they attribute directly to the use of cod-traps by British tishermeii. In mv note of the 24th August, 1887, relative to this claim, I had stated that the right of fishery conferred on the French citizens by the Treaty of Utrecht did not take away, but only restricted during a certain portion of the yenr and on certain parts of the coast, the British right of fishery inheicnt in the sovereignty of the island. And in my subsequent note of the 28th July last I observed that the right of British subjects to fish concurrently with French citizens has never been surrendered, thounh the British fishermen are prohibited by the second paragraph of the Declaration of Versailles from interrupting in any manner by tneir competition the fishery of the Frcncli during the temporary exercise of it which is granted to them. In your note of the 7th December your Excellency meets these arguments by asserting that the French had always had the exclusive right of fishery in virtue of their sovereignty over Newfoundland. That when that sovereignty was transft-rred to England by the Treaty of Utrecht, the right of fishery reserved to subjects of the King of France on a portion of the coast necessarily remained an exclusive right in the absence of any express provision to the contrary. Further, that in the negotiations at Versailles in 1782-S3 the English negotiators, by an appeal to the moderation of the Court of Versailles, succeeded in obtaining, not any admission of a concurrent right of fishery, but an abandonment by France of fishing rights on part of tlie coasts on which British subjects had encroached, in exchange for exactly similar rights on an equivalent portion of the coast elsewhere. That in the negotiations for the I'eace of Amiens of 1802 the Cabinet of Paris had thought it would be desirable to establish the French right to exclusive fishery by a modification of Article Xlll of the Treaty of Utrecht, but that Mr. Fox did not consider such an amendment opportune, and urged that it would be sufficient to return purely and simply to the text of 1783, as the British Government had never questioned the French right to exclusive fishery. This train of re isoning presents a historical view of thossession of Newfoundland, on behalf of his Sovereign, in the presence of various persons, subjects of other nations, who happened to be tliere in pursuit of the fishery, and from whom he exacted tribute in acknowledgment of the Queen's rights. 8. During the interval from 1583 to 1713 England exercised continued acts of dominion over Newfoundland ; grants of land were made by the Crown to individuals; settlement was encouraged; Courts of Justice were held (the first as early as 1615); Commissions were issued, and Regulations made for the government of tlie island, and of the fishermen resorting to it, as well as of the settlers established there ; and eventually, in 1G98, an Act of Parliament was passed (10 & 11 Wm. HI, cap. 25) applying to the whole island, and the seas, rivers, and dominions thereunto belonging, and islands adjacent ; such Act being principally an enactment by the Imperial Legislature of the Rules, Regulations, and Constitutions that had prevailed for some time. 9. The first section of this Act enacted that " no alien or stranger whatsoever (not residing within the Kingdom of England, the Dominion of Wales, or town of Berwick-on- Tweed) should at any time thereafter take any bait or use any sort of trade or fishing whatsoever in Newfoundland, or in any of the islands or places above mentioned. 10. The British sovereignty, formally established in 1583, and duly and effectively exercised afterwards, was also, it appearr, recognized by France. Hatton and Harvey, in their " History of Newfoundland," p. 3S, state that iii 1635 the French obtained permission from the English to dry fish on the shores of Newfoundland on payment of a duty of 5 per cent, of the produce, and that in 1675 Charles II was induced to relinquish the duty of 6 per cent., which had been paid as an acknowledgment of British sovereignty, 11. Anspach, in his "History of Newfoundland" (second edition, 1827, p. 112) says: "According to I'Abb^ Raynel, France, after the Agreement made with King Charles I in 1 634, sent annually her fishermen to Newfoundland, where they fished only on the northern part xvhich they called Le Petit Nord, and on the southern point, where they had formed a kind of town upon the Bay of Placentia. which united all the con- veniences that could be desired for a successful fishery." He adds at p. 93 : " In the year 1076 the French King prevailed upon Charles II to give up the duty of 5 per cent." 12. It is also stated at paragraph 1666 of the published Calendar of State Papers, Colonial, America, and West Indies, 1661-68, that "from the first discovery of Newfound- land in 1496 till the Treaty of 1632 the French were not permitted to fish at Newfound- See "New- foundland," by Hatton and Harvey, 1883, p. 17. " Fishery Question," l)y Cli. Isham,1887, p. 9.1. Hatton and Harvev, p. 27. ■ Reeves' " History of Newfound- land, 1793," p. 31. Hatton and Harvev, p. 38." 1 •■ [': r: h I. i I i' ' f1 ■ '« ' 1 V |: ! ' •f ft ill i 1 it I in I' if i ! 256 land or in any place on the mnin in America, but after that Treaty the French trading to Canada and Acadia presumed to make dry fish on Newfoundland ; for prevention whereof Sir David Kirice was sent there Governor, in whose time every French ship trading or making dry fish there was lorced to pay 5 or 10 per cent.; and in time of the late rebellion they were compelled to do the like." 1.3. Further, it is certain that in 1637, by lettei« patent dated 13th November of that year, "the whole continent, island, and region " of Newfoundland was granted in fee to the Marquis of Hamilton, the Earl of Pembroke, the Earl of Holland, and Sir David Kirke, and " that all other Kings, Princc-s and Potentates, their heirs, allies, and subjects, may know our (the King's) just and undoubted right and intei-est in and to the said continent, island, and i°gion of Newfoundland, and in and to all and every the islands, seas, and places to the same belonging," it was declared that there are to be levied from all strangers that make use of any part of the shore for drying fish " five fishes out of every hundred fish in the seas, rivers, or places afr)resaid to be had or taken." The grantees were enjoined to see to the collection of this tribute, from which British subjects were exempt, being expressly given "free and ample liberty of fishing." 14. There is, in the |)ublished Calendar of State Papers, Domestic, under date the 16th May, 1639, a letter from Secretary Coke to Secretary Windebank, stating that the French Ambassador (M. Pomponne de Belli^vre, Seigneur de Grignon) had complained of an imposition laid on strangers by Sir David Kirke for fishing at Newfoundland. "A firm but lair answer is be given, and the impositions laid by the French on the English merchants considered in justification.'' 16. The following is an extract from this letter of the French Ambassador, dated the 9th (19th) May, 1(»39:— " L'on m'a aussi donn la Grande- Uretagne"), and to that end Placentia and whatever other places are in possession of the French "shall be yielded and given up " (" et h cette fin le Roi Tres Chretien fera remettre a ceux qui se trouverent A ce commis en ce pays 1^ dans I'espace de sept mois a compter du jour de r^change des rtitifications de ce Traite ou plus tot si faire ce pent, la ville et le fort do [269] 2 L De Kochii " Histoire Abref;4e des Traitfs i\o Paix," by 1". Schoell, Paris, 1817. Chalmers' Treaties, vul.i, p. 378. t: I:, h it 9'l I i I II ^11 i f ■' ■ .15 ■ 258 Plaisance, et auti-cs lieux que les Fran9ai8 pourraient encore possdder dans la dite lie ") ; and the French King, his successors and subjects, shall not " lay claim to any right to the said island or islands, or to any part of it or them " (" sans que le dit Iloy Ttha Ghrdtien, ses h^ritiers et successeurs, ou quelques>uns de ses sigets, puissent d^sormais pr^tendre quoyque ce soit et en tel temps (|uc ce soit, sur la dite isle et les Isles adjacentes en tout ou en partie"). This is the language of withdrawing a claim, not of ceding the dominion of a territory ; the renunciation of all rights is absolute, and even more emphatic in the French ratification than in the English version of the Treaty ; and it may furtlier be noted that this Article proves that the French at that time only claimed to be in possession of Placcntia and other unnamed places, not of the whole island, of which M. Waddington now claims that they had the sovereignty. 25. Her Majesty's Government consider that the Xlllth Article must be read as an admission of the title previously existing in England, including control of the fishery in territorial waters; so that when the Article proceeds to deal with fishery by the French, it employs apt words of concession by the Sovereign Power ; " it shall be allowed to the subjects of France to catch lish, and to dry them on land, in that part only and in no other besides that," &c. This is the language of concession on the part of England, not of reservation on the part of France ; and it seems clear that, under the Treaty, French fishermen only obtained the privilege of fishing side by side with British subjects, whose right was derived not from Treaty, but from the British sovereignty, which had then existed for exactly 130 years. 26. This is the natural and common-sense construction of the Article, while the French contention can only be accepted on the supposition that the framers of the Treaty, who used precise and accurate language for the cession effected by the Xllth Article, used vague and indefinite language for the cession effected by the Xlllth. But it seems incredible that writers who so carefully excluded the French from the fisheries of Nova Scotia should not have thought it necessary to be equally careful (if that had been their meaning) to exclude the English from fishing on part of the coasts of Newfoundland, especially as they had previously declared the whole island to belong of right to England, a declaration which, according to public law, would necessarily include the territorial waters of the whole. 27. Again, during the negotiations at Utrecht, Spain laid claim to fish as of right in the waters of Newfoundland, and the Treaty between England and Spain contains an express renunciation of such claim. If the French had really had or retained any sovereignty in those waters, the renunciation by Spain would more properly have been given to France instead of to England ; and its presence in the English Treaty furnishes additional evidence against the present claim of France. 28. But it is in reality unnecessary tu i>,o further than the text of the Article itself. It assured to Great Britain the complete dominiun ot Newfoundland, with the adjacent islands, and it would have been absurd to state that the subjects of the Power possessing the sovereignty of the island should have the right to fish in its territorial waters. If any such stipulation had been necessary in regard to fishery, it would have been equally necessary to insert every other elementary right which sovereignty carries with it. More- over, the Article contained a most absolute renunciation for the future of all rights on the part of France. And, accordingly, in the Treaty of Paris of 17G3 (Article V) the French fishery is spoken of not as a riyht but as a liberty : " Les sujets de la France auront la liberte de la p^che et dc la s6cherie, sur unc partie des c6tes de I'lle de Terre-Neuve, telle qu'elle est sp(5cifi<5e par TArticle XllI du Traite d'Utrecht, lequel Article est renouveld et confirm^ par le present Traite, h Texccption de ce qui concerne I'lle du Cap Breton, &c." III. -Slate of Affairs subsequent to the Treaty of Utrecht. 29. As a matter of fact, there can be no doubt whatever that the concurrent right of fishery by British and French subjects was exercised in the interval between the Treaty of Utrecht and the negotiations of Versailles, inasmuch as, from 1769 onwards, the method of its exercise gave rise to frequent complaints on the part of the French Government. They urged that by permanent fishing establishments formed by British subject'' along the shore the French were practically ousted from the enjoyment of the libn^y . jnceded to them. It appears on refi3rencc to the discussions which took place on this subject in 1776 (at a time when the British Government were particularly anxious not to give France any unnecessary cause of offence), that after M. de Guines, the French Ambassador in London, had made a proposal for exclusive rights of fishery which the British Government had felt compelled to reject. Lord Stormont, then British Ambassador at Paris, was instructed to treat the matter with the Comte de Vergennes. The latter, in the conversations which kditelle'V, right to toe tte Chretien, m pr^tendre sntes en tout he dominion phatic in the ,her be noted possession of Waddington be read as an ilie fishery in the Trench, it illowed to the )nly and in no Ingland, not of rreaty, French ubjects, whose hich had then icle, while the 3 of the Treaty, th Article, used But it seems sheries of Nova ■ had been their Newfoundland, ght to England, r the territorial ish as of right in lain contains an or retained any have been given nishes additional le Article itself, ith the adjacent 'ower possessing waters. If any ve been equally with it. More- all rights on the I V) the French .'ranee auront la [erre-Neuve, telle lest lenouvel^ et ip Breton, &c." [ncurrent right of ten the Treaty of fards, the method Ich Government, lubject" along the ln.»- > jnceded to L subject in 1776 1 give France any Lsador in London, lernment had felt kvas instructed to Iversations which 259 followed, frankly ndtuitted that the Treaty of Utrecht gave to Great Britain the full sovereignty over the island : lie said that to contend that the Treaty gave to France an exclusive right of fishery would be to put on it a strained construction ; but he laid down the principle that Treaty stipulations should be liberally interpreted, and that the rights of fishery conceded to the French on certain portions of the shore should not be ann . '■ ' ■ ■ i L a^_ 260 omission of tiie word "exclusive" to make another Declaration upon the French Counter- Declaration, protesting that the King of England did not mean to grant exclusive fishery any othetwise than by ordering his subjects not to molest by concurrence, &c. 39. Tile Dulce reported that the French Minister hud been persuaded to omit the word " exclusive " in the Counter-Declaration, whicli would render nnothcr Declaration from the British Plenipotentiary unnecessary. v.— Negotiations of 18l»l-02. 40. M. Waddington alludes to a proposal made by the Cabinet of Paris in 1802, that the exclusive rights of France should be established by a modification of Article XIII of the Treaty of Utrecht, and states that "Le Ministrc Fox avoua qu'il ne reconnaissait pas I'opportunit^ de recourir h cet amendement, et qu'il sufiisait de revenir purement et simplement au texte de 1783, qui confirmait dans toute teur force ies droits d'Utrecht, le Gouvernement Britannique n'ayant jamais mis en doutc le droit d'exclusivit^ de p6che en notre faveur." 41. There must obviously be some mistake about this, for Mr. Fox was not at the time in office. Mr. Addington was Prime Minister, and Lord llawkesbury was Foreign Secretary. The Preliminaries of Peace were agreed upon in London between Lord Hawkesbury and M. Otto, and the negotiations for the Definitive Treaty were conducted at first at Paris, and subsequently at Amiens, between Lord Coniwallis and M. Joseph Buonaparte. 42. On the 26th November, 1801, Lord Cornwallis reported tliat on the Xllltii Article of the Preliminaries of Peace, " M. Buonaparte observed that they wished for some adjustment about the fisheries, to which I replied that I was not sufficiently conversant in that business to enter into particulars, and could only at present say that it was a matter in which the British Government must act with the utmost caution, as any improvident cession in that Article would create a most violent clamour, and be attended with very disagreeable consequences." 43. In the instructions sent to Lord Cornwallis in reply, Lord Hawkesbury observed : " With regard to wliat Joseph Buonaparte stated to your Lordship on the subject of the fisheries on the Banks of Newfoundland and in the Gulf of St. Lawrence, I have to inform you that, from the representations of the different bodies interested in those fisheries, it appears to be scarcely possible to make any new concessions to France in this respect which could be considered as real benefits to that Power, and which would not be injurious to the interests of His Majesty's subjects who are engaged in this branch of commerce; and, indeed. Article XIII provides merely for the re-establishment of the fisheries on the footing on which they were previously to the commencement of the war, and appears to have no reference to any further arrangement than to such as, without altering the relative situation of the two parties, might contribute to the maintenance of peace in the fisheries as they now exist." 44. A proposal made subsequently by the French Plenipotentiary at Amiens for the cession of a portion of Newfoundland in full sovereignty to France was positively refused by the British Government ; and on the 13th February, 1802, Lord Cornwallis states in a private letter to Lord Hawkesbury : " The French Plenipotentiary seems determined to press for some further indulgences at Newfoundland, but I am too well apprised of the importance of those fisheries to make the smallest concessions without His Majesty's commands, and I have taken pains to discourage M. J. Buonaparte from entertaining any hopes that our Government can give way on tiiat point." VI. — Subsequent Discussions. 45. Lord Palmerston's note of the 10th July, 1838, to Conite Sebastiani, which is quoted in M. Waddington's note, distinctly denies the right of the French to an exclusive fishery under any Treaty engagement or documentary undertaking. His language is very clear on this point, and he shows that the Proclamations issued warning British subjects to leave the coast were so issued, not to prevent British fishermen from fishing, but in consequence of interruptions having been caused to French fishermen, and to prevent such interruptions. 40. The views expressed in Lord Salisbury's note to M. Waddington of the 24th August, 1887, are in accord with the general principles laid down in that note, and with the position constantly maintained by Her Majesty's Government, that the French have not an exclusive right of fishery under the Treaty engagements, and that the British have never given up their right to a concurrent fishery, although in exercising this right they are not to interrupt the French fishermen. ench Counter- tcluaive fishery omit the word claration from Paris in 1802, of Article XIII ne reconnaissait lir purement et ts d'Utrecht, le /it6 de pfcche en was not at the ury was Foreign between Lord were conducted and M. Joseph e X Tilth Article vished for some iently conversant ay that it was a caution, as any and he attended esbury observed : be subject of the I have to inform those fisheries, it e in this respect h would not be n this branch of blishment of the ment of the war, such as, without e maintenance of Amiens for the jositively refused nwaUis states in a ms determined to apprised of the ut His Majesty's entertaining any bastiani, which is ch to an exclusive s language is very British subjects to m fishing, but in id to prevent such .jgton of the 24th lat note, and with t the French have it the British have ing this right they 261 47. It is difficult to undentand how it can be supposed that such a contention has now been advanced for the first time, whereas it has formed the basis of all action and argument on the part of Her Majesty's Government for the last 120 years. The first Law Officers' opinion, of the 30th May, 183.5, quoted in M. Waddington's note, was, as his Excellency observes, modified on further consideration and on their being supplied with more detailed information. It was, iu fact, given on a partial and defective statement of the case. The second Report, of the 13th April, 1837, which his Excellency also quotes, stated distinctly that, " if there were really good room within the limits of the district in question for the fishermen of both nations to fish without interfering with each other, then we do not think that this country would be bound to prevent her subjects from fishing there.'' It went on to say that "it appears from the Report of Admiral Sir H. P. Halkett that this is hardly practicable." 48. The same consideration is made the ground of the argument used in Mr. Labou- chere's despatch of the 16th .January, 1857, that whether the rights of the French were in strict logic exclusive or not, they were so in practice. But this would be a question ot fact, and it must be remembered that Mr. Labouchere's despatch was written with the object of recommending to the acceptance of the Colony the Convention of 1 857 for the settlement of the question. It was impossible for him to adopt the view now advanced in M. Waddington's note, that the. 1st Article of the Convention was no more than a formal recognition of the ancient French rights. He did not deny — what was, in fact, unquestionable — that the Convention was an alteration of existing arrangements ; but he sought to prove that the interests of the Colony would not in reality sufier by it. It was not, therefore, his purpose to define the strict rights of the British fishermen, so much as their practical position at the time : the tenour of his argument was that that position would not be injuriously afiected by the Convention, and the language of his despatch is certainly not in all respects precise. 49. Such as the argument was, it undoubtedly did not recommend itself to the Colonial Legislature, which unanimously and unhesitatingly rejected the Arrangement. Whether that decision was wise or unwise is a question foreign to the present argument. But the mere fact that British fishermen have now for many years past fished in the waters on the west and north-east coasts of Newfoundland, without giving cause for complaint on the part of French fishermen, except in occasional instances, is to Her Majesty's Government evidence that there is room for the fishermen of both countries if proper precautions are taken. The arrangement has no doubt its inconveniences, but that it is possible is proved by the fact that it exists, and that, on the whole, the disputes which arise between the fishermen of the two countries are not considerable nor numerous. Foreign Office, July 9, 1889. Annex. Viscmtnt Palmerston to Count Sebastiani. (Extract.) Foi-ei//n Office, July 10, 1838. I NOW proceed to answer that part of your Excellency's note which relates to tlfie conflicting opinions that are entertained as to the true inteipretatioii of the Declaration annexed to the Treaty of the 3rd September, 1783, and in which your Excellency urges the British Government to disavow the claim of British subjects to a right of fishery upon the coast in question concurrent with the right of the subjects of France. And in the first place 1 beg to observe that it does not appear to the British Government that either your Excellency's representation or that of your predecessor has shown that any specific grievance has been sustained by French subjects in consequence of the doubts which are said to be entertained upon this question, so as to prove that there is any pressing necessity for the call which the French Government makes in this respect upon that of Great Britain. But the British Government is nevertheless willing to enter into an amicable examination of the matter, with a view to set those doubts at rest, although it is my duty to say that the British Govern- ment are not prepared, according to the view which they at present take of the matter, to concede the point in question. The right of fisliing on the coast of Newfoundland was assigned to French subjects by the King of Great Britain iu the Treaty of I'eace in 1783, to be enjoyed by them, "as they had the light to enjoy that wliich was assigned to them by the Treaty of Utrecht." But the right assigned to French subjects by the Treaty ot Utrecht was " to catch fish and to dry them on land," within the di.strict described in the said Treaty, subject to the condition not to " erect any buildings" upon the island "besides stages made of boards, and huts necessary and usual for drying of fish," and not to " resort to the said island beyond the time necessary for fishing or drying of fish." A Declaration annexed to the Treaty of 1783, by which the right assigned to French subjects was renewed, contains an engagement that " in order that the fishermen of the two nations may not give a cause for daily quarrels, His Britannic Majesty would take the most positive measures for preventing his subjects from interrupting in any manner by their competition the fisherj' of the French during \r > : I ~i ■ 1 ^ t 1 i ,1 \ \. i-i l.\ M, lis 11 , 1 'I ! i- : , 1 . " ■ ; , i 2" 1> W *t ; ~m. ; ! M 1 'H ^ M^ 2G3 tlui tomporary i-xcrrise of it wliicli wbh fjrantwl t" tlu'iu ;" ami Unit His Mi\jeHty woulil " for tlii» imriioHo ciiiiso tliu lixed suttleiiiuiits whioli hIiohIiI ))u fimiul thuro to lio rcnmviiil." A Couiitei'-lJucliirutioii Htiited tlmt tlui Kiiij,' cif Kraiu-o wiw sutislicd with llu' urrnnxeini'iit ronchulcd in Iho iihovo tomi.s. Tho Treaty of I'uaci' cif 1814 di'cliirc.s that the Froncli riyht "of lisliury at Nuwfoundlaml is iu|)laced upon tlio footiiij,' «|K)ii which it 8tood in 17!I2." In order, tliorcfore, to conio to ii riglit uniloi'stiindinH of the (|U(!«tion, it will Ihj nllc(^'^8nry to (^ouHider it with n't'i-reiicc to historical facts, an well as with reforcnuu to tiiu letter of the Dedurution of 17H3 ; and to ascertain what was tliu precise foutiu^ upon which tiie French tisiiory actually utood in 1702. Now it is evident that speiifir cviilciiLe would lie necessary in order fo show that the eoiistruetion which the French (iovemineiit now desire to jmt upon the Declaration of 17815 is the interpretation which was Kiven to tlmt Declaration at the ju-ricMl when the Declaration was framed, and when the real intention of the parties must have liecn best l■ lilar instrument which has ever come under the knowledge of the British (.Jovemment is so important a concession as an exclusive privilege of this description announced in terms so loose ami indefinite. Exclusive rights are privileges which, from the veiy nature of things, are likely to be injurious to parties who are thereby debarred fnim some exercise of industry in which they would otherwise engage. Such rights are therefore certain to be at some time or othe" disputed, if there is any main- tainable ground for contesting them ; and for these reasons, when negotiutoi's have intended to grant exclusive rights, it has been their invariable practice to convey such rights in direct, unqualified, and comprehensive terms, so as to prevent the possibility of future dispute or doubt. In the present case, however, such forms of expression an^ entirely wanting, tuid the claim put forward on the part of France is founded simjjly upon inference, and upon an assumed interpretation of words. No. 150». Lord Knutsford to Oovernor Sir T. O'Brien. Sir, Downing Street, July 18, 1889. WITH reference to my despatch of the Slst May last,* relating to the marking of fishing-vessels employed on the coasts of Newfoundland, I have the honour to request that you will supply me with copies of any instructions given by your Government to the local Customs authorities as to the enforcement of the provisions of the Merchant Shipping Act which relate to this matter, and that you will furnish me with a report as to the extent to which those instructions have been carried out. I have, &c. (Signed) KNUTSFORD. • No 146. u\A " for thin iirrmiHcini'iit ^•fouiuUftiul is • n(!ci'S8niy to DeclaratioH "1' actually dUakI construction iutorprotution anil whon the his puipose to jreil upon the and that they ; of the war in serteil by your nir Excellency ) enjoyment of il by France or Declaration of indlanil for the lis an exclusive latise, fniui the upon the soinc tablishments of hitish Oovem- subjects of the ilid so without it, cpf t'.-.o Treaty ed, '. occasions on, pave caused Government — iR the Treaty of and fishery, nor ly Proclamatioa Jkidsh Admiral ishevy, either of non, that if the isive within the nore ample and nient which has as an exclusive be injurious to oiUd otherwise is any main- tended to ijrant mqualified, and the claim put iiterpretation of 18, 1889. _ marking of or to request vemment to he Merchant ith a report ITSFORD. 269 No. Iffl. The Marquis of Salisbury to the Earl of Lytton. My Lord, Foreign Office, August 13, 1881). THE Frcncli Ambassador at this Court called upon ine yesterday, and, in tlie course of conversation, expressed the general willingness of tno French Government lo agree that certain issues connected with the lobster fislierics on parts of the coasts of Ncwfouiidluiul should be submitted to arbitration on a specially limited reference. I informed M. Waddington, in reply, that I would send him u note containing the reference which Her Majesty's Government would suggest ; and that as soon as it had been ascertained that such reference was generally oeceptable to the Frcnelt (jovcrntnent, the (Jolony of Newfoundland would be asked to give an assurance that they would abide by the result of the arbitration. I added that, in the absence of such an assurance. Her Majesty's Government would, of course, not press the French Government to proceed any further in the matter. I am, &c. (Signed) SALISBURY. No. 152. Colonial Office to Foreign Office.— {Received August 1 7.) Sir, Downing Street, August 16, 1889. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, printed copy of a letter from the Admiralty, inclosing Reports from naval officers engaged in the protection of the Newfoundland fisheries. Lord Knutsford desires me to reijuest tliat you will call Lord Salisbury's especial attention to the action taken by Captain Antoine, of the French vessel "Bisson," in raising the lobster-traps of British subjects. This action, in itself illegal, appears to be aggravated by the fact that British men-of-war were in the immediate neighbourhood, to whom application might have been made by the Prcncii Captain. Lord Salisbury will probably agree with Lord Knutsford in the opinion that a protest should be addressed to the French Government against this proceeding on the part of Captain Antoine. No further action appears to be required on tiiese papers at present. 1 am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 152. Admiralty to Colonial Office. Sir, Admiralty, July 18, 1889. 1 AM commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the information of the Secretary of State, copy of a letter from the Commander- in-chief on the North American Station, dated the 27th ultimo, forwarding copies of correspondence which has passed between the Captain of Her Majesty's ship " Emerald " and the French Commodore on the coast of Newfoundland, relative to lobster (ishing and factories there. 2. I am also to inclose copy of a letter from the Captain of the " Emerald," dated the 28tli ultimo, on the same subject. t . I am, &c. (Signed) EVAN MACGREGOR. Inclosure 2 in No. 152. Captain Walker to Vice-Admiral Watson. \\. 1 t f ■ li;. ;■ ■ v^ '. I Sir, " Emerald," at Sydney, June 28, 1889. I HAVE the honour to inclose a notice which was served on Mr. Shearer by the French Commodore when he visited the English factory at Brig Bay. I '! ^ i ; f 1 i ■ \ i 1 f 1 1 1 [,' 1) V Hi » i II v: \ S64 IIo verbally informed mc that Captain Philippe, who is in charge of the fishing interestaof the French house of Lourmnnd, had aConccHHion from the French Government of tho right to fish on the portion of the cooat conipriKing St. Geneviive, Brig, and St. Margaret's Bays. 'I'hc factory established at John Meagher's Cove is only a branch of the one which had been previously established at St. John's Islands. I now send a tracing showing the proposed lines of demarcation suggested by Commo- dore Mar^chal for the different factories, the effect of which would so materially lessen the daily take of, at least, two of the principal English factories, viz., Port Saunders and Brig Bay, that it would probably necessitate their closing, or any rate working at a loss. I have, &o. (Signed) B. W. WALKER. IncloBure 3 in No. 152. Captain Mare'chal to the Chief of the Enijlinh Lobster Factories at Brig Bay. Monsieur, "La Clochetorie," Sainte-Martjuerite, le 1" Juin, 1889. LKS pt'cliours do votrc usinc occupent avcc leurs casiers la plus graiule partic dcs f'onds do p^che dc ces environs r^servi^s par Ics Traitds aux pocheurs Fran^ais, nc laissant it ceux sculs qui ont le droit dc p^che sur retto cAtc que les emplacements dont vous n'avcz pas voulu, c'est-it-dire, les moins bons probablement. II est de mon devoir de protester contre un pareil accaparemcnt qui ren verse toutes les notions du droit et de la justice. Je vous prie, Monsieur, de vouloir bien cesser de gener la p^che de M. le Capitainn Philippe, dtabli h Brig Baie, et dc lui laisser la libre exploita- tion des fonds de p6che environnants, pour lesquels il a obtenu du Gouvernement Fran9ai8 un droit de p^he temporaire conforme aux stipulations des Trait^s sxistants entre la Grande-Bretagne et la France. Recevez, &c. (Sign^) R. MARfiCHAL. (Translation.) Sir, " La Chcheterie," Si. Margaret's, June 1, 1889. THE flslionnen of your factory occupy, with their lobster pots, the greater part of the fishing grounds in this neighbourhood reserved by tho Treaties for tho use of the French fishermen, leaving to tho latter, who alone have tho right tri fish on this coast, those grounds only which you do not want, probably the least good. It is my duty to protest against such a monopoly, which runs counter to all notions of right and of justice. I request, Sir, that you will have tho goodness to cease troubling ("gfiner") the fishery of Captain Philippe, established at Brig Bay, and to allow him the free working of tho surrounding Ashing grounds, for which he has obtained from the French Government a temporary fishery concession, in accord- ance with the provisions of the Treaties between Great Britain and France. I have, &c, (Signed) R. MAR^CHAL. Inclosure 4 in No. 152. Vice-Admiral Watson to Admiralty. Sir, " Bellerophon," at Halifax, June 27, 1889. I HAVE the honour to forward herewith correspondence on the above-mentioned subject between Captain Sir Baldwin Walker and the French Commodore. The French Commodore is now in this port, and from conversations with him I am assured of the cordial relations existing between him and the English Senior Officer ; yet he bitterly complains of Mr. Shearer and other owners and managers of lobster factories, whose arrogance and general incivility, he said, makes it difficult to deal with them in the spirit he should desire. (Signed) G. W. WATSON. Sir. of the fithing h Government bvc, Brig, and the one which «d by Commo- go materially ries, viz.. Po't ig, or any rate WALKER. rig Bay. ["Juin, 1889. ;rnn(le purtic dcs i^ais, ne laissnnt [lent V0U8 n'avcz nverse toutes lea 1 cesser de gener la libre exploita- I Gouvernement ^s existants entre MARfiCHAL. , June 1. 1889. the greater part "or the use of the isli on this coast, Is counter to all I the goodness to sd at Brig Bay, As, for which he Usion, in accord- jancc. [ARBCHAL. |june27,1889. above-mentioned y with him I am bnior Officer; yet [ lobster factories, I with them in the T. WATSON. 96n Inclosure 3 in No. 152. ' 1 Caplain Sir li, H n/Ztrr lo Vicf'Ailiniral IVntnoH. «r, " Kmnald," at Sydne,/, June 22, 1880. IN compliance witli Senior Officer's iiistructioni, Newfoundland DiviMion, I have the honour to inclose corrcHpoiidi'noc with reference to iiiterfurence with the jiroperty of British suhjeeti by the hcnch cruizer " Hisson," and to report the details of the circum- stances. On entering Port Saunders ut -I i>.m. on the l.'ith June, I observed a bout from the cruizer " Biiiaon " raising lobstci-tnipM of British subjects on the shores of Keppel Island. On this ship being seen they immediately lauded them, and the boat returned to their ship. Captain Antoinu came on boat'd to explain, and I remonstrated very strongly ai^ainst such interference, he giving verbally the excuse he does in his letter. In the evening I sent a letter of protest to him, and, as in his answer he appeared to think that his action was justitied by (he circumstances, I wrote niy second letter. On the afternoon of the I '2th instant I paid a visit to the French Comtuodoro, and informed him that I intended going to Birchy Cove to meet the mail, and otfcred to take the "Hisson's" from that place, or to give any directions that he might wish, and I explained that the " Lily" would meet mo at Port Saunders to get her mail. This ho declined at first, but afterwards accepted in a note which he left when returning my call. The Captain of the " Bisaou " called shortly afterwards and thanked me for my offer, and gave me a letter to the Postmaster at Birchy Cove requesting him to deliver the mail for the " Bisson " to the " Kmerald." This service I was unable to perform, as on the arrival of the " Volunteer" I found that the " Bisson " had met the steamer and had been pven her mail. 1 think, therefore, that the conclusion Captain Antoinc came to that, because I did not arrive on Friday, I might have gone north without calling, was certainly not one that he had any grounds for, particularly as he was aware that Lintended to meet the "Lily" on Saturday. Furthermore, if he had made any inquiries, he would have been informed, as Commander Russell, in accordance with his orders, had been most careful to leave word that he should return on Friday or Saturday at the latest. At the time of the occurrence the "Lily " was lying at Port-au-Choix, and arrived at Port Saunders ut 5*50 p.m. the same day. The circumstances under which Captain Antoine considers his actions to be justified, viz., that the lobster-traps wei-e on ground that was forbidden by Captain Hamond's order last year, which had not been rescinded, and having warned the fishermen to raise their traps, as they might interfere with the French fishermen in their operations, were of a speculative character, and have not up to the present been born<3 out by facts, as sirre the order was given last year the French have not occupied the waters in question. I have, &c. (Signed) B. W. WALKER. Inclosure U in No. 152. Captain Sir B. Walker to Captain Antoine. Sir, " Emerald," at Port Saunders, June 15, 1889. I HAVE the honour to inform you that I observed, on entering this harbour, a boat from the vessel you have the honour to command raising lobster-traps of British subjects. I much regret that it is my duty to protest most strongly against any such action. I am aware that the traps were on grounds which were forbidden by Captain Hamond's order last year to our tishernien, and quite accept the explanation you were good enough to verbally give me, but do not consider the matter was sufficiently urgent to justify such interference, there being two British vessels at the time on this portion of the coast. I would add that the English cruizers invariably leave word on their departure from a port of their next destination in order that, should a case arise, the French cruizer can put herself in communication with one of Her Majesty's. I deeply regret to have to send this protest, which is only done from a sense of duty, [269] ' 2 M I V :t i! i'^:|-^ H I! 1-^ . I I I-' ■>■' > t , r « < ^ • '- s t f n ,n)' S.I 266 which I liope you will quite understand, and that it will in no way atfect tho coriliai relations that exist between us. I have, &c. (Signed) B. W. WALKliK. Inclosure 7 in No. 15"i. Captaiti Atitoine to Captain S!r ]i. IVallier. M. le Capitaine, . Port-Saund('r.i, le \G Jnln, \S80. .I'AI I'honneur de vons accuser reception de voti-e lettrc du 1.5 Juin dans laquclle vous protestez ties energiqueiucnt contr" la levee des casicrs a honiards ap])artenant k un sujet liiitannique que j'ai fait operer lUi- hi cote nord de I'lle Keppel le 15 .Juin. Vous entriez en rade au moment ou i'embareation que j'avais envoy<5e pour reniplir cette mission, apr^s avoir suspendu son operation d^s (jue " I'Emerald " avait ote reconnu, niettait sur la greve les casiers (ju'cllc avait leves. J'ai eu I'honneur de vous dire dans la conversation (|ue j'ai cue avec vous a ce sujet aussitot apres votre arrivee dans (juelles circonslances j'avais ordoiine' la levee de ces engins dc peelie. Entrant en rade le 14 h. 7 heures du soir, j'ai apercu des bouees de casiers dans Us parages ou vous avez pu les voir vous-ni6me, ear mon embarcation n'a sort! de I'eau (jne quinze casiers et je crois qu'il en reste beaucoup d'autres a la nieme place. Aussitot apres avoir laisse tombre I'ancre, j'ai eiivoyc un otticier a la factorerie de Mr. Shearer avec mission dc lui rappeier qu'il contrcvenait aux ordres donnes pur les officiers dc Su Majeste Bvitannique, en vue d'assurer dans ces parages a nos peol.eurs' libre pratique de leurs operations, et de Tinviter a retiror les casiers dont j'avais vu les boue'es le long de la cote nord de I'lle Keppel. .Jc croyais (ju'ils lui ai)partei)ait. lis n'etaient pas a lui, aiiisi que de'ciara sor " manager,'' mais a un i^ieur James Rhyn, qui etait pre'sent, et auquel I'otficier di; " Bisson " fit part de I'objet de sa niis?ion. ll declara qu'il ne livrerait par ses casiers le soir lueme, mais (|n'il ferait cette operation Ic lendemain matin. Le jour suivant, lo Juin, le ni^mc oliicier a I'ait dans la matinee le tour de I'lle Keppel, et visile le liavre du mCuie iiou). 11 m'a rendu eompte i» son retour (juc les casiers James Rliyn n'avaiciit pas ete Icves, et qu'il en avait quehjues autres le long de la coto sud de I'ile et sur la cote sud de la Poinle de Saunders a I'entree du havre dc- Ke])pel. J'ai coiiside'ie qu'en ne remplissanl pus rengageuient ([u'il avait pris sur ma requisi- tion (Ic lever ses casiers, le Sieur Rhyn avait manque a la consideration a hupielle a droit le Commandant d'un navire de guerre Fian^ais, agissant pour la protection d'intcrets que garantissaicnt, d'ailleurs, d'une faeon speciale dans ces paiages, les ordres anterieurs de '■ Captain " et " Senior Officer " des forces Hi itaimiques a 'rerrc-Xeuve, et j'ai agi en consequence. Tels sont les faits, M. le Capitaine ; jc lue borne a les exposer, et ii les soumcttie a votre appreciation eclaiire. Je reconnais pleinement qu'en la presence d'un croiseur Angluis, je dois eviter dintervcnir directement, pour en modilier le cours ou les inteiroinprc, dans les operations des sujets Hritaniiiques. Mais, en son absence, ou s'il n'est pas ties voisin, ne peut-il pas se presenter tcl cas, (jui necessite unc intervention imnit'diate sous peine de laisser meconnaitre le earacterc dont m'investissent mon grade et ma mission ? .Fe eousid^re (pie ce'te intervention a pour conse(|uenee oblige'e uiie inlormationdc ma part au croiseur Anglais voisin, si la communication est possible, ou, dans le cas contraire, a la premiere rencontre avec lui. Ajjies vous avoir siunalij les casiers h homards mouilii's |)ar des pccheurs Anglais sur les foiids interdits pour eux par votre predecesseiir autour de i'ile et a i'entr4e du liavre de Keppel, j'ai I'honneur de vous demander leur retrait. C'est en vain que leuis propri(''- taires alleguent que ces engins sont places la oil les FiaiK/ais ne pechent pas. La rtiserve de harengs pour boette, que ceux-ei conservent dans des filets (ermes au fond du havre de Keppel, a ^te p^chee par eux dans les eaux dont la libre exploitation leur est garantie sp^ciaiement. lis peuvent y revenir, a tout instant, a la recherche ou la poursuite du poisson, et leur peciie pouria etre empechee, ou au nioins gen<5e, s'ils trouvent les bords de la mei garnis de casiers. Vous u'accepterez certninement pas, M. le Capitaine, que nos peclieurs (jui viendront h Tile ou au havre Keppel, avec la contiance que les ordres donnes par des oificieis de Sa L' cor dial LKEK. (, 1889. IS laquclk- :nunt ^ uti iir leinplir e rcconnu, ire dans la ins quelleo s (lu\is U's 3 I'caU ()IK- ctorei'ie dc les par les jcfjiieurs' k'ais VII le» [leclara sor 'officier clu s casiers Ifc jur (le I'lle jur (|ue Ics ;rcs le long II havre cU- na requisi- lellc a droit ntorrts ((ue anterieurs j'ai asii c>ii loiuiictlre a dois uviter s opciatious , ne pciit-il e de laisser latioii dc nia IS contraire, Anglais sur I PC du liavie urs propiii'- ts fermcs an citation lour II ])uisson, et s vcning, he would do so next morning. On the following day, the 15th .June, the same officer made the round of Kepiiel Island in the morning, and visited the harbour of the same name, lie reported to me on his return that tiie traps of Mr. .James Khyu had not been removed, and that there were several more along the south coast of the island, and on the south coast of Point Saunders, at the entrance of Ivcppel Harbour. I considered that in not fulfilling the engagement taken at my request for the removal of the tmps, jNIr. Rhyn showed a want of that respect to which the Commander of a Erencli man-of-war is entitled when acting in the defence of interests which, indeed, were specially j)roteete(l by the 2)rcvious orders of a Captain and Senior Officer of Her Britannic Majesty's naval forces in Newfoundland, and I acted accordingly. These, Sir, are the facts ; I confine myself to stating them, and submitting them to your enlightened consideration. I fully recognize that in the ])resence of an English cruizer I should not directly interfere with tlie fishing operations of British subjects, so as to alter their course, or inten-upt them. But in her absence, or if she is not in the immediate neighbourhood, may not a case arise which calls for immediate intervention, so as to obviate any misundei-standing as to the character with which I am invested by virtue of my rank and mission ? I consider that such an intervention imposes on me the duty of informing the nearest English cruizer, if communication be ])ossible, or, if not, as soon as I. fall in with lier. Having called your attention to the lobster jiots moored by Euglisb fishermen round Keppel Island and at the entrance of Keppel Harbour, on a spot interdicted to them by your predecessor, I have the honour to request their removal. It is useless for their proprietors to allege that these traps are placed where the French do not fish. The i-eserve of herrings, to be used as bait, which the French have barred ia closed nets in Keppel Harbour, has been caught by them in waters the free use of which ha.s been specially guaranteed to them. They may return to the spot at any moment, on the quest or on the track of the fish, and their fishing may be prevented, or at least hindered, by finding the sea shore lined with traps. [269] 2 M 2 "■^ 1 tf . '1 ■ ^ i 1 T il ' ll K i K ' V 1 « ;H •H '1 t] ili I* 268. You would not, I am sure, allow that our tislieruioii, coming to Keppel Island or Harboui' in the belief that the orders given by Her Majesty's ofTicers insure their unrestricted fishing, should find these watei-s barred, even partially, against their operations. 1 have, &c. (Signed) M. ANTOINE. Inclosure 8 in No. 152. Captain Sir B. IValker to Captain Antoiiie. (Extract.) "Emerald," at Port Sannders, June 17, 1889. I HAVE the iionour to acknowledge the receipt of your letter of the 16th instant, and thank you for the explanations of the circumstances under which you considered yourself justified in raising the lohster-traps of British subjects. I cannot but think that, had inquiries been made at tlie English factory, you would have been informed that the "Lily" would return to Port Saunders on Saturday evening at the latest. At the time of the occurrence she was lying at Port-au-Choix, a distance of 13;^ miles by sea and 4.J miles by land from this port. You were also aware that T intended to visit Port Saunders. In the conversation we had on the subject you were good enough to explain that, as you did not find me here, you thought I might have altered my intentions and gone north ; but, even supposing such to have been the case, I consider the proximity of the " Ljiy " would have enabled a communication to be made to her almost immediately. I would also call your attention to tiie fact that since the order was given by Captain Hamond no French fishermen iiave fished on the shores of Keppel Island ; and although I am aware tliat your fishermen have seined herrings during the montii of May in Keppel Harbour, and that tlicy have iierrings barred there at the present time, no lobster-traps have been set in that harbour, nor have any complaints been made. I wisli also to add that Commander Russell, when lie visited I'ort-au-Choix, had no con)plaints made to him by the Frcncii Captains of any interruptions to the operations of their fishermen at Port Saunders or tlie adjacent coasts. 1 therefore think tiiat the fears yon entertain as to the interruptions that might possibly occur to your fishermen were not of the urgent character to necessitate such action. I deeply regret that the men to whom your directions were conveyed by an officer did not attend to them, but I cannot, under tiie circumstances, recognize the right of any but British otticers taking active measures against the property of British subjects. I have, &c. (Signed) B. W. WALKER. I,' Inclosure 9 in No. 152. |M I ,( i I 5 1 ft Captain Sir B. Walker to Vice-Adniiral IVat.son. Sir, " Emrrald." at Sydnei/, June 22, 1889. I HAVE the honour to report the setting up of two French lobster factories on the north-west pction of tiie west coast. They are situated one at Brig Bay, the other at John Meagher's Cove, Castors River. The Brig Bay factory is the same tliat was established at White Ann, Hauling Point, last year, but owing to the disappointment experienced in the take of lobsters there, has this season been transferred to Brig Bay. This factory is on a large scale, and is capable of canniii'^ 7,000 lobsters daily. It employs forty-eight men and (at present) three native girls, but the employment of native labour is, I believe, not allowed, and will probably be ordered to be discontinued on its coming to the knowledge of the French officers. The lobster catching is conducted by twenty men and ten boats, working 1,600 traps, but the number is being increased, and assisted by a steam-launch, which collects the lobsters at stated times and conveys them to the factory. Their take, up to the present, has averaged about 3,500 daily, and they have packed 350 cases containing each 48 one-lb. tins. The French commenced fishing on the I7th May, three days before Mr. Shearer's men were able to, as his bait had not arrived ; they were thus able to choose the ground for 209 rf sland or re their st tbcir )INE. , 1889. h instant, lonsidered rou would ly evening i distance in that, as one north ; le "Liiy" by Captain d altliough in Keppel )bster- traps )ix, had no )erations of that mi^ht ssitate such an officer M of any ALKER. >e 22, 1889. Dries on the le otlier at tliat was apointment rig Bav. daily. It !nt of native nued on its 1,500 traps, collects the the present, gaining each hearer's men ground for their lobster-traps. So far the fishermen of the two nations have worked iiarmoniously, hut how long this will last it is impossible to foretell. The factory at John Meagher's Cove is on a much smaller scale, and is worked hy the same French captain that has a factory on St. John's Island. It is, I believe, only capable of canning about 1,000 daily, and the surplus is conveyed to the parent establish- ment and ciuincd there. Their catch so far has averaged about 1,703 daily, taken by twelve men in six boats working about 800 traps. Botii of these French factories have established '' emselves in bays already occupied by English ones. I have, &c. (Signed) B. W. WALKER. Inclosure 10 in No. 152. Captain Sir B. Walker to Vice- Admiral Watson. (Extract.) " Emerald," at Sydney, June 22, 1889. AS important correspondence lias taken place between the French Commodore and myself with reference to English lobster factories established at Port Saunders, St. Margaret's liay. Brig Bay, and John Meagher's Cove, and also Mr. Cairns' factory at Port-a-Port, I have the honour to forward it at once, as I understood from the French Commodore that negotiations are taking place betsveen the two Governments, On leaving Bay St. George the French Commodore visited the English factories in (juestion, and it was evident from the attitude assumed by him toward tliem, especially to those to the northward of Port Saunders, that the lobster industry was to be claimed as a right granted by Treaty. On all occasions of the French officers visiting the factories, the managers were informed that their lobster-traps must be raised, and tliat after the French fishermen had placed theirs the remaining ground might be occupied by the English, and in one instance the manager was told that if the traps were not raised lie (the French Conmiodore) would have them removed. I also gathered, when visiting the different fishing grounds, that on plea of interrup- tion to the French fishing, on the ilnglish traps being raised (as at Port Saunders last year) they would be immediately supplanted by those of the French, and thus leave me face to face with an accomplished fact. The attitude of the Frcncii, together with the general feeling of insecurity that existed among the natives, who >a\v their means of livelihood threatened, rendered the situation very critical, as :iny overt act on the part of the French might have resulted in grave disturbances, and the danger of losing control of the native fishermen was too great to allow of my waiting on events. Under these circumstances I came to the conclusion that the question had better be raised at once, as being more likely to lead to a satisfactory compromise than any other solution of the difficulty. The tactics being pursued towards the Brig Bay factory are very similar to those adopted in the case of Port Saunders, that is by endeavouring to restrict the ground of the lobster fishing, and so preventing the continuance of the working of the factory. In the Commodore's letter, in which the keeping apart of the fishermen of the two nations is made a point of, I asked him, when talking over the matters, to show me the lines of demarcation that he proposed — those in the case of Brig Bay were such that I rejected them and told him that 1 could not consider such a decision, but held that each case must be dealt with on its merits. I would, therefore, most respectfully submit that, if the question of compromise on this matter is being considered by the Government, the lobster fishing varies in value considerably on different parts of the coast, some portions being of no value at all ; and had I accepted the boundaries proposed in the case of the Brig Bay factory, it would have had the effect of reducing the daily take of lobsters from 7,500 to something ■nder 2,000. Gargamelle Cove, which has also always been a point of contention, is so on account of its value as a lobster fishing-ground, the average take being about 800 a-day between two men. This, and its close proximity to Port-au-Choix, would make it a valuable addition to the French factories established there. As the greater part of the waters which were prohibited at Port Saunders have never been occupied at all, and are, as a matter of fact, quite unfitted for seining for bait ia most instances, I have modified the orders, and to insure there being no grounds for II f :; i ; y I' ■ '■. j I 5 ' 1 :■':] 270 complaints, and also to obtain information necessary on the subject, I have detailed Lieutenant Weigall, with the steam-cutter and gig (in case the steam-boat breaks down) and eight men on this service. The question of the lobster industry has now reached such an acute stage that it cannot continue in its present position without considerable danger. The effect of such action as that taken by the Captain of the " Bisson " at Port Saunders might lead to disturbances, the result of which it is ditiicult to foresee. Sir, :jii' %: ! ,!'• -.1 * * lit I! m f- Inclosurc 11 in No. 152. Cttptuin Marc'chttl to Captain Sir B, Walker, M. le Commandant, Hnvrc de York, Ir 9 Juin, 1889. L'INSPECTION que je viens de passer des postes occupes temporairement par no.s p^cheurs sur la cAte ouest de Terre-Neuve m'a montre combien ceux-ci etaient gfin^s dans I'exercicc de leur industrie par les operations de pechc des nombreuses usines a homards qui se son*; instaliees an milieu d'eux. La situation scule de ces ^tablissements sur des points du littoral reserves a nos p^cheuis suffit a faire de leur exploitation une cause permanente de trouble, que ies stipulations des Traites ainsi que les engagements ])ris par Sii Majeste le Roi d'Angletcrre dans sa Declp-ration du 3 Septembre, 1783, avaient justement pour but d'e'vitcr. D'autrc part jc ine permettrai, M. le Comnandant, d'appeler votre attention sur I'accroisscnient continuel du nombre de ces factorKries ; chaque annee en voit apparaltre de nouvellcs, toujours plactes au milieu des centres de pfiche choisis par les Franfais qui ne jouissent plus d6sormais du complet ct tran(|uille exercice de leur industrie. C'cst ainsi que I'usine de Mr. Chattman h Sainte-Marguerite,<\ peine ebauchee rannec derni^re, fonctionne r^guli^rement aujourd'hui et contribue avec I'usine de Mr. Shearer de Brig Bale a gener les operations du Capitaine Philippe, etabli dans ce meme havre. Une autre usine Anglaise est en construction h Port-ii-Port, dans le sud-est de I'lle-au-Rcnard ; elle ajoutera un nouveau trouble aux operations de nos pecheurs dc Port-a-Port, dejti gent's par I'usine de M. Cairns h. la Grande-Anse. Entin, cet hiver une nouvelle factorerie appartenant encore a Mr. Shearer a 'ite ('ouil"e dans I'Anse a .John Marsh sur un point oCi jamais nos p^cheurs n'avaient etc troubles jusqu'ici. Le Gouvernement de Sa Majesty la Reine d'Angleterre n'a pas hesitc c\ reeonnaitre cette situation de fait ainsi que I'etendue des obligations que lui imposent les Traites, en ce qui conccrne la libre jouissance des droits assures a nus iiGchciirs, et dans une lettre adrcssee a M. Waddington le 28 Mars, 1889, Lord Salisbury a fait les declarations suivantes : — "Your Excellency may rest assured that care will be taken to secure that neither Mr. Shearer nor any other Britiah subject shall, in the words of the Declaiatiou of 1783, * troublcr en aucune mani^re par leur concurrence la pechc des Fran^ais pendant I'exercice temporaire qui leur est accordee sur les c6tes de I'lle de Terre-Neuve ....'" Je serai heureux, M. le Commandant, que vous voulussiez bien ine faire connallre les mesures qu'il est dans votre intention de prendre pour re'pondre aux vues du Gouvernc- raent Anglais, en m^me temps qu'a nos legitimes revendications, en ce qui conccrne les usines de \ a I'Anse a John Marsh et a Port-a- Port. Mr. Cairns, h la Grande Anse de Port-ii-Port. Mr. Chattman, h Sainte-Marguerite. II ne me parait pas douteux d'ailleurs que le maintien de ces etablissements risque de donner lieu h des complications que vous n'avez sans doute pas moins h coeur que moi- m^me d'^viter. Je dois avoir d'autant plus de confiance dans I'etficacite des dispositions que vous adopterez vis-k-vis de vos nationaux, que les p^cheurs Fran^ais n'exercentpour Ic moment leur industrie que sur un espace representant k peine le quart de toute la cote ouest qui leur est r^servee (40 milles au nord, 40 milles au sud) et que vous n'ignorez pas, M. le Conioiandant, le soin scrupuleux avec lequel les Commandants des croiseurs Fran{;ais ^ Terre-Neuve se sont invariablement attaches d'une part k faire respecter par nos tiationaux les obligations qui nous sont irnposees par les Traites sur le littoral reserve, et, d'autre part, k concilier autant qu'; possible I'application de nos droits avec les menagements Thoj <'oiistitu(( iioart to of the in(; fishenneii ii fourtli south), ai French ci to see th slioro, anc lights wi position 01 to us. 271 lavc detailed breaks down) ; stage that it effect of such might lead to ) Juin, 1889. rement pur nos lent gfin^s dans ■lines a homavds reserves a nos rouble, que Ics Roi d'An-letcire vitcr. re attention sur 11 voit apparaltre les Fran9ais qui strie. ebauche'e I'anneo e Mr. Shearer de 10 havre. ms le sud-est de [nos peeheuvs de- arer a yte l'oud"e aient ete troubles itc i\ reconnaUre it les Trait^s, en dans une lettre t les declarations :t ecure that neithei- jlaiation of 17S3, pendant I'exercice faire connaUre les ues du Gouvernc- qui concerne les 'ort. Issements riscjue de lis Ji coeur que moi- lite des dispositions jn'exercentpourlc art de toute la cote Jvous n'ignorez pas, |s croiseurs Francais respecter par nos ^ littoral reservd, et, fee les menagements (|u'a pu parfuis nous paraitre justifier la situation des residents de la cute ouest, si peu it'guli^re qu'elle fut d'ailleurs h nos yeux. Agr^ez, &c. (Signe) A. MARIliCHAL. (Translation.) Sir, York Harbour, June 1), 1889. THE inspection wliich I have just made of the places temporarily occupied by our lishcriuon on the west coast of Newfoundland has shown mo hoM much they are lundored in the pursuit of tluur industry by the fishing operations of the numerous lobster factories established in their midst. The position alone of thes(! establishments, situated as they are on points of tho shore which are reserved to our fishermen, is such that their working is a source of ])ermaneut trouble, which the Treaty stipulations and the engagement taken by His .Majesty the King of England in his Declaration of the 3rd September, 17S;i, were destined, rightly, to avoid. Besides this, 1 beg leave, Sir, to call your attention to the over increasing number of these factories ; each year sees new ones spring up, always in the r.iidst of the fisliing (;outres chosen by the French, who no longer enjoy the free and unmolested pursuit of their industry. 'i'hus Mr. Cbattman's factory at St. ^[argarct's, started only last year, is now in I'cgular working order, and, togotlier with 'SVv. Shearcr'a factory at Brig Bay, impedes the operations of Captain Philippe, established in this same harlwur. .Vnothor English factory is being ereetcd at Port-ii-Port, in the south-(!ast of Pox Island ; this will add a further source of trouble to the operations of our fishermen at Port-a-Port, already impeded by the factorj' of Mr. Cairns at Broad Cove. Lastly, a new factory, also belonging to Mr. Shearer, has this winter been founded at John ^larsh Cove, on a spot where hitherto our tishermen have never been interf(>red with. llcr Majesty's tJovernment have not hesitated to recognize this question of fact, as well as the obligations imposed upon thoni by the Treaties with regard to tho free (Mijoynient of the rights granted to our iishormen, and in a letter to ]\[. "Waddington of tlie 28th March, 1S89, Lord Salisbury made the following declaration: — " Your Excellency may rest assured that care will be taken to secure that neither Mr. Shoar(>r nor any other British subject shall, in tho words of the Declaration of 17'S,"., ■ troubler <'n aucune manii^re par leur concurrence la peche des Pran(;ais l)eudant I'exorcice temporaire qui leur est accordec sur les cotes de I'lle de Terre-Xeuve . . .'" I should 1)0 obliged if you would inform me of the measures which it may be yoiu- intention to take in order to carry out the views of Her Majesty's Governinent, and, at the same time, to meet our just claims respecting the factories of I >y Mv SI PI • • / ^^ ^"" ^^^' L*t John Marsh Cove and at Port-tt- Port. Mr. Cairns, at Broad Cove, Port-a-Port. Mr. Chattman, at St. Margaret's. There seenu morover, to be no doubt that the maiuteuancc of these establishments constitutes a risk of complications such as you have probably as much as myself at iieart to avoid. I place all the more confidence in tho efficacy and thorough character (if the measures which you will take with regard to your countrymen, that the French lishermen pursue their industry for the moment only on a space hardly amounting to a foiu'th i)art of all the W(!st coast line res(>rved to them (40 miles north and tO miles south), and tliat you know the scrupulous care with which the Commanders of the French cruizers in Newfoundland waters have always endeavoured, on tho one hand, to see that the Treaty stipulations are observed by our fishermen on the reserved shore, and, on the other hand, to reconcile, as far as possible, the due exercise of our rights with the consideration which we have ever thought it right to show to the position of the inhabitants of the west coast, however irregular it may have appeared to us. I have, &c. (Signed) A. MARECHAL. i -• I h f) ir-: III it fl » 1 !MI m I n ■ f •-. > ■'!! fi III ■\^i^ I.. 972 Inclostire 12 in No. 152. ■ , . Captain Sir B. Wallcer to Captain Marichal. Sir, •' Emerald" at Bay of Islands, June 10, 1S81>. I BEG to acknowledge the receipt of your letter of the Olh instant, calling \n\ attention to tlie liamjiering of your fishermen in their operations by the English lobster factories established on that portion of the shore where the French have certain Treaty rights, and asking what steps 1 intend taking to secure to your country nocn their legitimate claims. Although 1 iim not aware of the French mode of fishing having been interfered with in any way, yet I have much pleasure in informing you that, to prevent any just cause of complaint, I gave instructions to Mr. Shearer when at Port Saunders, and similar instructions h'lvc been sent to the managers of other factories, to the effect that should their lobster-traps interfere with the French mode of fishing by seines they must be immediately raised whilst the French fishermen are actually desirous of occupying the wiiters in wliich the traps are set ; I shall be careful to have these orders strictly enforced, and thus, I hope, quite obviate all chance of complications which we arc both so desirous of avoiding. With reference to the interference with the operations of the factory established this year by Captain Philippe in Brig Bay, by the factories of Messrs. Shearer (at Brig Bay) and Chetwynd (at St. Margaret's Bay), I would call your attention to the fact that Captain Philippe's factory is for the industry of catching .ind canning lobsters; under these circumstances I do not consider it necessary to take any further measures, as on the merits of the case I think the legitimate claims of the French fishermen are quite met by the orders already given. As the factory of Mr. Cairns at Long Point, Port-a-Port, does not open until after the departure of the French vessels from the island, I do not apprehend in this case there^can be any interference with your fishermen. I am not aware of any lobster factory having been established on the south-cast of Fox Island, but as I shall sh'»rtly visit Port-a-Port, I will take care that the Treaty obligations are observed. I have, &c. (Signed) B. W. WALKER. Inclosurc 13 in No. 152. Captaiv Mare'cfial to Captain Sir B. Walker. M. le Commaudant, Havre de York, le 1 1 Jum, 188y. J'AI I'honneur de vous accuser j^ception de votre lettre du 10 Juin, qui n'est elle- ni^me qu'une r^ponse ft celle que je vous ai adressee le jour precedent, et de vous remercier des instructions que vous avez bien voulu donner k Mr. Shearer et aux propri^taircs de fuctoreries Anglaises pour que leurs casiers a homards soicnt immddiate- ment lev^s au moment ou les p6chevus Fran9ais d^sireraient pficher d la seine lik oil ces casiers seraient mouilles. Permettez-moi, cependant, M. le Commandant, de vous faire observer que la mesuro que vous avez prise ne me parait r^pondre, ni a nos justes revendications, ni aux vues du Gouvernement Anglais exprim^'e dans la lettre adressfe le 28 Mars, 1889, par son Excellence Lord Salisbury h notre Ambassadeur h Londres. Son caracldre prati(pie est d'ailleurs illusoire, et I'interpre'tatiou qui ne manquera pas d'en 6tre faite par vos nationaux, dans I'int^r^t de leur cnvahissement de nos fonds dc poche, peut, dans una certaine mesure, aller h I'encontre de notre d^sir mutuel de concorde. En eflet, lorsque nos pficheurs pechcnt a ia seine ils parcourent toutes les cotes avoisinant leurs places de pfiche d la recherche du poisson ; et d^s qu'ils Pont aper^u, le poursuivent jusqu'au rivage pour le seiner. Si pendant eettc op6ratiou ils rencontrent des casiers Anglais en travers de leurs filets, il leur sera impossible d'appeler h eux le propri6taire Anglais, qui sc trouvera, dans la plupart des cas, eloignd dc plusieurs milles, pour qu'il les enleve. Leur poisson s'dchappera, et si li ce moment ils perdent tout leur sang-froid et de'truisent les casiers Anglais sur cetle partie dc la c6te qu'ils avaient le droit de consid^rer comme libre, il me parait incontestable que la responsabiiit^ de la provoca- tion ne viendra pas de leur cot^. 273 10, 188J>. calling my iglish lobster jrtuin Treaty eU- legitiiuate itcrfered with inv just cause , and similar ;t, that should they must he jcciipying the ictly enforced, ith so desirous istablished this (at Brig Bay) Bt that Captain ; under these 5 on the merits ite met by the I until after the 5 case there^can he south-cast of that the Treaty . WALKEK. Jum, 1689. n, qui n'est clie- nt, et de vous Shearer et aux )icnt imm6diate- seine U\ oil ces er que la mesure , ni aux vues du 1889, par son ne manquera pas de nos fonds dc tuel de Concorde, toutes les cotes 1 Tont aperqu, Ic J rencontrent des ippeler 5i eux le { plusieurs milles, Iperdent tout leur Is avaient le droit |t^ de la provoca- D'autre part, vous n'ignorcz pas, M. le Commandant, que nos p6cheurs ne pSohent pas seulement h le seine ; ils emploicnt aussi la ligne de main, rharouelle, les filets dor- mants, et les casiers ii honinrds. II est de mon devoir d'accorder une egale protection i\ tous ces genres de p6che dont I'exercice est confornie aux droits que les Traites nous donnent de pecher, d'cxploiter la mer qui borde les cAtes qui nous sont rcservees, sans restriction aucune quant h I'especc de poisson puchde. Le droit cjue nous avons en outre de d^barquer h terrc pour preparer notre poisson est d'une toute autre nnture et ne pent 6trc confondu avec le premier. Or, il resulte des termes do votre Icttre que, rdpondant & une de mcs plaintes, celle qui concerno la gene causae aux operations de pcchc du Captainc Pliilipp par la homarderie de Brig Baie, vous estimez (jue puisque ce capitaine pfiche le homard lu mesure gdneralo que vous avcz prise au sujet des seines Kran(;aises est sutlisantc. Les plaintes dc tous nos pficheurs sont done dcstinecs h recovoir un semblable accueil, qui contraste singuli^rement avcc la protection accord^e d'autrc part aux pecheurs dc homards Anglais. L'esprit des pficheurs des deux nations ne manquera pas d'en fitre frappe — il Test ddji. Dans la tourn^e que jo viens dc faire, j'ai el6 h. m6me d'eprouver I'arrogance que les agents de Mr. Shearer se croiont en droit d'employer avcc les Fran9ais, et le cynisme avec lequel, se d^gageant des engagements pris par le Gouvernement Anglais, ils comptent n'agir qu'ii leur guise. J'ai eu riionneur de vous fairc part vcrbalenient de ces indices fAcheux pour la tranquillite future des pecheurs de la c6te, et je ne saurai trop insister, M. le Commandant, sur la vivo crainte que j'ai que les ordres que vous avcz donnes ne soient interj)retes, de telle fiicoti (jiic vos poclicurs de homards ne se croient en droit de nie'connaitre les droits de nos poclieurs de homards et que ceux-ci gene's, molcstds, repousses, sans acune mesure, ne jjcrdent a leur tour la notion des mdnagements qu'ils ont toujours etc habitues h observer. .rappellc done toute votrc bienveillante attention, M. le Commandant, sur une pareille situation et laissant de e6te les discussions dc principes qu'il ne nous appartient pas (I'cntreprcndrc, je vous dcuiande dc vouloir bien examiner la question £\ un point de vue essLMitielktnent pratique ([ui reserve toutes les decisions de I'avcnir. Km fait, I'introduction de la pCche da homard sur la c&te reserv(5e aux Frangais a ete un premier clumgcment introduit au modus vivend! qui durait depuis de longues annees et <|ui avail jusciu'ici permis aux residents dc vivre en bonne intelligence avec nos pecheurs. Ce jiremier accroc au modus vivendi a etc ])ort6 par vos nalionaux. La pilciie dc la morue permettant dilficilement jI nos armateurs dc recouvrer les frais de leurs armaments, ils ont suivi I'excmple qui leur avait ete donne et ajoutd la p6che du homard a celle de la morue. IMalgre ce double changement, gri\ce d la bonne volont6 mise de part et d'autre — bonne volonte aidee par les efforts des biUiments de guerre des deux ])ays, la paix a continue a rdgner, chacun ayaiit trouve son interet a cettc extension de scs operations de peche. Depuis, des sp^culateurs veims de la Nouvelle-ficosse ont apporte un trouble profond a cette situation ; ils ont introduit sur cette cote des pecheurs eUangers a Terre-Ncuve, titrangers aussi, je dois ajouter, h toutes les stipulations des Traites, sourds a toutes les objurgations, et n'admettant en un mot aucune peine a leurs operations. Pour couvrir leurs s|)eculations, ils ont adjoint il leurs pecheurs un certain nombre de residents qu'ils ont fait venir de toutes les jiarties de la c6te, accumulant ainsi et comme de parti pris, dans les centres uicmes ou nos pecheurs exercent leur Industrie, un grand nombre dc residents autrefois re|)uiulus sur un espace bien plus dtcndu. Leur p6che ainsi comprise est devenue une sorte d'operation commereiale qui change profondement les moeurs auxquelies on etait habitue sar ces cotes. En resuui6, le modus vivendi adoptc jusqu'ici comme terme moyen, compatible avec les droits di ciiacune des parties, a lui-mfime ete viole du fait des agissenicnts des pecheurs Anglais. La p6che des Fran^ais est a ce point troublec contrairement aux stipulations des Traites, que la continuation d'un parcil envahisscmcnt des foiids qui nous sont re'servds serait de nature a alterer les bonnes relations entrc pecheurs que nous avons ^ coeur de conserver. Je ne puis done considerer la mesure que vous avcz bien voulu prendre, M. le Commandant, comme le terme au dela, duquel vous ne pouvez allcr. II me scmble en eff'et que le r6le que nous avons il joncr sur cctte cote consiste, non seulement h rdgler les ditlerends qui peuvent s'elever entre les pecheurs, nuiis aussi et surtout il les prevenir. Quelle que soit I'epoque A la(iuelle la situation a etd envisagee, le principe dc la [269) 2 N ^ll .1 ( I ! i;(:!lr ■ 4 274 separation dcs fonds de peclic attribui's nux p^chcurs des deux nations a toujours paru eitru la condition pratiiiue niiip ijud non de la paix 8ur cette cAti'. [Joubll actuel de ce principe tut(5laire commfiicc dtjii il (aire lenaitre drs iii(|uietudci» dcs sentiments de m(;lianco (pii pourrnient n'fitrc (pio k- pieliulc do conHit dont la loyalo application du niodun vivi-ndi adopte avant la pOclie du honiaid nous avail toujours pretn-ivcs. J'ai eu riiondcur dc vous iudic|uer verlmlcnieut Ics tcriains de pficlie que je consid^rc comme indispensahlcs au libre i-xircice des droits de uos puciieurs pour cette anntfe. Les consequences du " IJait Act " ne pcriucltcnt mallicurcusenient pas d'escompter un avcnir plus long. Jc nc me dissimulo pas que co partage dcs fonds de pficlieest en contradiction fbrmelle avec I'etcnduc de nos droits, mais il est devenu unc iiecessile du moment; jc ncl'indiqueet nc I'accc'ptc d'avance que dans ccs conditions, sous cette reserve ct parcequ'il pcrnicc il nos deux Gouvernements de poursuivro avec impartialite Ics nt'gociations que toutes ces graves questions entrainent. II m'cst d'ailleurs inq csible de nc pas appeler I'attention de nion Gouvcrnement aur les proc^des de tolerance h I'aide desquels il est perniis 5 des industriels de fonder en un seal biver, pendant I'absence de nos pOcbeurs, des facloreries de boinards dont les p^cbeurs viennent au printem|)s suivant onvabir Ics fonds de p^^cbc qui nous sont r6scrv<;s, que nous exploitions, et y faire aclc de premier occiq)ant au meprisde tons nos droits. Ccs proc^dds sont en contrndiction Haiirante avec les sentiments de baute justice qui ont toujours f^uidd le Govcrnement dc la Grande-Hrctagne dans ses ni-gocialions avec la Fnnce au sujct des pficherics de 'J'crre-Neuve. .I'ajouterai, M. le Commandant, que, ainsi que j'ai cu I'honneur de vous le dire dans ma precedcnte lettre, la cessation des operations des usines dc — {il Brig Baie, a I'Anse h Jobn Marsh, a Port Saunders, M. Cairns, h la Grande A use dc Port-tl-Port, M. Cbattmann, a Sainte-Marguerite, ' I w MN f me parait la seulc solution capable de ramener des esperanccs de paix ct de justice sur li» cAte de Tcrre-Neuve ou nos pScbcurs exercent Icur Industrie. Agreez, &c. (Signe) A. MARfiCHAL. (Translation.) Sir, York Harbour, June 11, 1«8J). I IIAVE the honour to acknowledge the receipt of your letter of the 10th June, which answered tlie one I addressed to you the preceding day, and to thank you for the instructions which you have been good enough to give to Mr. Shearer an(l to the owners of English factories to raise their lobster traps Avhencvcr the French lishermen wish to fish Avitb seines where such traps arc moored. Allow me, however, to observe that the measure you have taken docs not appear to me to meet our just claims, nor to be in accordance with the views of the English Government, as expressed in the letter addressed on the 28th March last by his Excellency Lord Salisbury to our Ambassador in London. Moreover, the measure is practically illusory, and the inteqiretation which your countrymen will not hesitate to place upon it, in the interest of their encroachments on our fisliing grounds, may, to a certain degree, run counter to our mutual desire for harmony and (roncord. In fact, Avben our fishermen fish with seines, they traverse all the coast in tho neighbourhood of the fishing ground in quest of fish ; and as soon as they find it, they pursue the fish up to the shore in order to catch it M'ith the seine. If in this operation their nets come in contact with English traps, they Aviil be unable to summon the English proprietor, who, in most cases, will be several miles distant, to remove them. Their fish will escape, and if at this moment they lose all patience and destroy the English traps on that part of tlie coast which they have a right to consider free, it seems to me incontestable that tie responsibility for the provocation does not lie with them. On the other hand, you arc awnre that oxir fishermen do not fish with seines only, they also employ fixed and band lines, stake nets, and lobster traps. It is my duty to afford equal protection to all these modes of fishing, the use of which is in accordance Avith the rights, given to us by the Treaties, to fish in the into t| ■stranji wonl.l spccul tiiey l| the vol proviol beeoinf ohsei'v II the rif fislierr Tl that til would [ to prod 1 which coast ci but alsl a( divisioi always 275 s paru Cti'o ce principe (■lianco (pii lus mvcndi. e consid^rc ettc anncc. compter un ion i'ormelle ! I'incUquc ct crnict i\ nos 8 ces graves rnenumt sur jndcr en un les pfichcurs 6s, (jue nous Ces proced^s lujours f;aidd 1 au sujct deft i le dive dans justice sur li* ^RftCHAL. le 11, iHBi'. ic 10th June, thank you for ■er and to the Qch llsh(5rmon )cs not ai)poar tht! English last by his ni which your ■ncroacliments tiial desire for c coast in thd ey find it, tliey this operation ) summon tho remove them, nd destroy the onsider free, it )es not li<5 with ish with seines »ps. ling, the use of , to fish in the waters on tho coast reserved for our use, without any restriction us to tiic kind of fish to be caught. Tlu! right which we have, l)esides this, to land and to cure our flsb is of a different nature, and must not bo confounded witli the former. It appears from your letter tliat, in reply to one of my complaints, tho one ccmceruing tho hindrance caused by tho Jlrig IJay lobst(>r factory to the fishing operations of Captain l'hih'p[)e, you consider tl>at as tliis gentleman lislies for loi)stcr8, the general measure wliieii you have taken with regard to Frencii seine Ushing is Huflicient. Thtr complaints of all our flsliermen are therefore destined to meet with a similar reception, which contrasts singularly witli tlic protection alforded on tlie other hand to tlie Englisli lobster fislieries. Tlu) lisheruKMi of tho two intions M'lU be struck by the din'enmco — they are ahTady struck by it. In the (iourse of tlic inspection I have just made, I have been able to observe ilio insolence wliich Mr. Shearer's agents think tliemselves entitled to show towards the rrench, and the cynicism with which, in violation of the engage- ments taken by the English Government, they imagine they can act accoi-ding to their own pleasure. I have liad the honour to inform yon verbally of these signs of a threatening disturbance of the traniiuillity among the fishermen on the coast, and [ cannot insist too strongly on tin; grave apprehension I feel, that the orders you have given may be interpreted in such a way that your lobster (ishers will eonsidcn- themselves entitled U) dispute th(i rights of our lobster ilsliers, and that the latter, obstructed, molested, and driven olf, without any nsdress, will lose all idea of consideraticm, sueh as they have always been accustomed to show. I therefore call your attention to this stat(! of alfairs, and, leaving aside all (h'seussiou of principles, which we are not authorized to enter upon, I would ask you to (consider ttie matter from an essentially practical point of view, reserving all decision for the future. Ill fact, the introduction of the lobster fishery on the coast reserved lor the use of file rrcnieh has been a first change introduced into the modus virnidi, which has lasted Cor many years, and which has up to now enabled the inhabitants to live in good understanding with our fishermen. This first breach in the modun vlvendi has been made by your countrymen. As the cod fishery enabled the ship-oAvners only with dilficulty to recover the cost of their expeditions, they followed the example given to them, and added tho lobster fishery to the cod fishery. In spite of this doulilc change, p.iaco has continued to reign, thanks to tlu; goo(l-will sliown on either side, aided by the men-of-war of the two countries, each party finding tlunr own interest in this extension of the fishing operations. Since then, speculators coming from Nova Scotia have introduced much trouble into this state of things ; tiicy brought new fishermen, strangers to Newfoundland, strangers also, I must add, to all Treaty stipulations, ileaf to all entreaties, and, in one word, admitting no restrictions to their fishing operations. In order to cover their Kp(>culations, they joined to their fishermen a certain number of t'i;e inhabitants whom they brought together from all parts of tho coast, thus intentionally accumulating on tlie very spot where our fishermen carry on their industry a great number of inhabitants previously dispersed over a mii(;h wider ai-ea. Tiies(; fisheries, thus understood, have become a kind of commercial transaction, entirely changing the habits hitherto observed on these coasts. In short, the modus vivcndi hitherto accepted as a middle course, compatible with the rights of cither party, has itself been violated by the proceedings of the English fishermen. The French fisheries are so much impeded, contrary to the Treaty stipulations, that the continuation of su:;h an invasion of the fishing grounds reserved for our use would seriously affect the good relations between the fishermen, which we are anxious to preserve. i cannot, therefore, consider the measure which you have taken as a limit beyond whicdi you will not go. It seems to me, in fact, that the part avc have to play on this coast consists not only in settling any dilTerenccs that may arise between the fishermen, but also, and above all, in preventing them. At whatever period the situation has been considered, the principle of the division of the fishing grounds assigned to the fishermen of the two nations has always appeared, practically, as the condition sine qud nan of peace on this coast. Tho [209] 2 N 2 m m If If I 276 present abandonment of this sovereign principle already begins to reawaken sentiments of detiance, which may be the pr«luclo to a conflict wo have hitherto been spared owing to the loyal application of the modus vivendi adopted before the introduction of tho lobster fishery. I had the honour to indicate to you verbally the fishing grounds which I (u>nsidor indispensable to our fishermen in the free exercise of their rights for this ycmr. Tho consequences of tho "Bait Act" unhappily do not permit to look so far ahead into tho future. 1 do not hide from myself that this division of fishing grounds is in absolute contradiction to tho extent of our rights, but it has for tli(! moment become a necessity ; I propose and accept it in odvaiicc only on these conditions, and with this reservation, and because it enables our respective Governments to continue impartially tho negotiations to which all these grave questions give rise. It is, moreover, impossible for me not to draw the attention of my Uovornment to the favour shown to an industry by permitting it to erect during one winter, and during the absence of our fishermen, lobster factories, whoso fishermen in the following spring invade the fishing grounds reserved for our use, whore we have been accustomed to fish, and acquire the right of first occupation in defiance of our privileges. These proceedings are in flagrant contradiction to the high principles of justice Avhich have always guided the British (Jovernment in their negotiations with Prancoon tho subject of th(! Newfoundland fisheries. I must add that, as I have already had the honour to state in my previous letter, the only solution tending to revive hopes for peace and justice on the Newfoundland coast where our fishermen pursue their industry appears to mo tho closing of tho factories of — Tat Brig Bay, Mr. Shearer < at John Marsh Cove, [ at Port Saunders, Mr. Cairns, at the Broad Cove, Port-i-Port, Mr. Chattmann, at St, Margaret's. I have, &c. (Signed) A. MARECIIAL. i i. i s! Inclosurc 14 in No. 152. Captain Sir B. Walker to Captain Mar^chal. Sir, " Emerald," at York Harbour, June 12, 1889. I BEG to acknowledge the receipt of your letter of the I lih instant, and much rcgref that you do not consider the steps I have taken to enforce the legitimate claims of tiie French fishermen as satisfactory. I have the honour to j»oint out that the words " with seines," to which you take exception, were used as it is that particular mode of fishini; which has given rise on previous occasions to the complaints by the Frencii fishermen of interruption to their operations; and although I am aware that, when )our fishermen fish with seines, they ^o over .11 the stiores adjoining their fishing ground in quest of the fish, yet it is not all parts of the shore that admit of these operations being carried out. 'J'he practical result of which is that the grounds available for this purpose are circumsciibcd, and not, as you suggest, of such an extent that seining is likely to take place at all parts of the coast. With reference to t" e Port Saunders factory, allow me to remind you that it is already restricted in its operations, the orders given by Captain Hamond, late Senior Officer in Newfoundland, being still in force, and since only a very small portion of the vacated waters have been occupied by French fishermen, on its merits, 1 consider no fuither restrictions to be necessary. With reference to Gargamelle Cove, on which subject you did me the honour to verbally address me, only two natives have permission to catch lobsters, and they have sometimes sold them to Mr. Shearer, and at other times to the French lobster factories at Port-au-Choix, but they will be regulated in their operations as necessary. At John Meagher's Cove, Connnander Ilussell, of the " Lily," has instructions to take any steps necessary to prevent any untoward action on the part of the native fishermen, owing to their lobster trawls being crossed by those of the French fishermen ; also to see that the French fishermen are not interfered with in their mode of fishing. On this subject I had the honour to address you verbally. •ntiiiH'MtH ju spured lUPtion of I consider (•av. The (I into the II absolute become a witii tbis mpartiaHy orninent to winter, and u following iccustomed ;es. These ivhicb have . the subject vrious letter, wfovuulland sing of the 977 In reply to your coinplnint ns to the hindrance caused to Cnptnin Philippe's factory by those at Mrig Bay and St. Margaret's Hiiv, I do not consider, aflcr the careful inquiry on the spot and knowledge of the ground occupied hy our Hsliermen, that the fishermen employed by Captain Philippe are in any way impeded hy those of the two F^nglish factories. I would add that the Knglish factory at iirig Bay has been established since 1880. As to Mr. Cairns' factory at Port-A-Port, I have alrciuly had the honour to inform you that it docs not commence until after tlie Krench vessels iuive left Red Island ; this, in connection with the fact that the factory at Black Duck Diook is not opened, will, I hope, do away with any cause of complaint. I hold, tiiereforc, that each case as it arises must be (knit witii on its merits, and it will be nty earnest endeavour, and that of the officers serving under me, to meet these ditlicultics in a conciliatory spirit. The speculators hardly merit all the blame you attach to them ; these person« whom you state caused all this great trouble (bund the ncccs>iary ciipital which opened up on, industry commenced fifteen years ago, and wliich now employs most of the natives and their fiimilies — offspring of persons encouraged to settle on the Treaty shore by the French fishermen for their own convenience. These factories have been the moans of raising the people above the awful destitution that previously prevailed, and if the lobster industry were suddenly curtailed to the extent it would be by adopting the methods you propose, these natives, driven to desperation, witi) starvation at their door, would certainly cause those conflicts whicii your proposition professes to prevent. The Hshernien who catch the lobsters arc almost entirely natives, the number of people employed who do not reside here is very small, and all return, to their homes at the end of the lobster season. Furthertnore, my instructions do not allow of any such measures as you wish taken with reference to the English factories in question, nor do they allow of the removal of English lobster-traps in order that they may be supplanted by those of the French. 1 have &c. (Signed) ' B. W. WALKER. i I RfiCUAL P 12, 1889. ,1 much regret claims of the licb you take ^ivcn rise on |)tion to their [cines, they go s not all parts tical result o£ Id not, as you ke coast. [it it is already lior OlHcer in if the vacated ler no fmtlier Lhe honour to land they have Iter factoiies at jctions to take Itive fishermen. }n ; also to set ting. On this Inclosure 1.5 in No. 152. Captain Marechal to Captain Sir B. fValker. M. le Commandant, Havre de York, le 12 Juin, 1889. JE ne voudrais abuser ni dc votre temps ne de la coidialite des relations que noua entretenons, mais qu'il me soit permis dn vous adresser encore quelques mots pour ddiendre Ics Fian9ais contre les reprochcs (jue votre Icttre semble vouluir leur adresser. Pereonne plus que les Fran9ius n'ont, je crois, pris a coeuria situation des residents de la c6te de Terre-Neuve. Les excellentes relations (|ui out toujours exi&te entre nos pSeheurs ct les gardiens dc leurs habitations, et le modus vivendi accepts de part et d'autre depuis de lungues annees en sont des prcuves irr^cusables. Je pourrais mSme mettre en ligne mon experience personnelle de la cote, et affirmer que j'ai vu de Sauvres malheureux pecheurs Anglais venir s'etablir dans certains havres, sans (jue les rancjais aient trouve pour combattrc cette illegabtd d'autres paroles que des paroles de commiseration. Si le nombre des residents est aussi considerable aujourd'hui, il est de notoriety publique que les guerres qui out pendant certaincs periodes etoigne nos pficheurs de cette cdte, ont permis A un grand nombro d'habitants de venir s'y implanter, sans qu'ils aient 6t6 aucunement attires par nous. Notre intention n'est done nullcmcnt de les traiter aujourd'hui avec moins de managements. C'est contre I'accumulation de ces residents dans les centres exploites par nos pecheurs que je m'^l^ve avant tout. C'est cette accumulation qui n'est pas normale, qui renverse le viodus vivendi adopts, et qui l^se gravement les intercta de nos hommes dont la situation, permettez-moi de vous le dire, est non moins interessante que celle des residents, puisqu'ils quittent leurs foyers et leure families pour venir ici gagner peniblement leur subsistance et celle de tous les leurs. Agrdez, &c. (Sign6) A. MARilCHAL. li ! '' m }■• \l\ , f f! I "|. ^ S7S (Translatiou.) 8ir, York Ilarhour, June 12, 18?0. £ 1)0 not wiah to trospiiMs upon your llnic, nor to ]iroNUiiU! upon tlui cordiality of our relations, but I bc^ li'uvt^ to wiy a IVw uonls in dufunct; ol' tbc Prenab against tlio ruproaolioM wbii'b your letter sctMus to niiikc. No one, I tliiiik, more tlian tb<> {''riMU'li basnt licart tbc position of tbe inlinbitnntN of tho Newfoundland coast. 'I'bo cxcclioiit lolatioiis wbicb Iiavc always oxiNti'd between our flHberineu and tbe caretakers of tlieir bouses, and tbe inmluH ilrendi for many years acceptwl by botli sides, prove tliis eondusively. ! could even point to my personal experience on tbe coast, and alllrni that I bave sceti poor, inisc rable Hritisb tisbernuui establisb tbetnselves in certain barbours, uitbout tbe Frencb bavin^Mised other but words of pity in tbe face ol tbese iliff;al proceedinjjs. If the numluM' of iububitants is so f,'reat at this moment, it is notoriously duo to tho I'aet that the wars, which durini,' certain periods removed our llsherinen from this coast, have allowed a ^rcat number of inhabitants to obtain a footing there, without havini^ in any way been called in by us. It is therefore by no means oiu- intention to treat them to-day with less con- sideration. it is against the growini; numbers of those inhabitants in tho (Ishinjj; centros of our tishermeu that I above all [in test. It is this accumulation which is abnormal, which upsets tho modus lifiifl! hitherto fic<'ept(;d, and which s(MU)Usly threatens tbc interests of our nu-n, whoso position, allow nie to point out, is no less dcscrvinj; of considorationthan that of tbc; inhabitants, since they leave their homes and families in order to come here aiul |j;ain a laborious livelihood for themselves and tluMr families. I have, &c. (Signed) A. AlARRCllyVL. Inclosure I (! in No, l.j'i. Captain Walker to Captain Marechal. Sir, •' Emerald," at York Uarliour, June 12, 1889. I MAVE the honour to acknowledge the receipt of your letter, and would at the siinic time thank you for the kind interest which you are good enough to express in the condition of the inhabitants of the Treaty sliore. Our cordial relations, coupleil with these sentiments, will, I am sure, niaterially hsscn the diHiculties now under consideration. have, Sic. (Signed) B. W. WALKER. No. 152*. liocernor Sir T. O^Brien to Lord Knutsford. — {Ueccived at the Foreiyn Offive, Auijunl 2.'l.) Govermnenl House, St. Jotni's, Newfoundland, (Extract.) Autjvst 3, 1889. IN (!omplianco with your Lordship's despatch of tho IHtb ultimo, 1 bave tho honour to forwa«l a letter from the Assistant Coll(>etor of Customs at this port, as well as copies of Notices that have been puhlislnul relative to lh«^ proper marking of all Newfoundland vessels under the IMerchant Shipping Act ; the last having been issued by my special order. I now purpose having tbe Notices above alluded to republished with a further clause drawing attention to 17 & 18 Viot., caj) lOt, ki'c. 19, rendering tbe registration of British ships, with certain exceptions, compulsory ; which I hope will meet tho ease as far as is now possible. In submitting your Lordship's despatch of the 31st May last* for tho most serious considci'ation of the Executive Council, I did so in the strongest possible manner; and though I know it is too late now to expect action this year, I, at the last sitting of that body, inquired what course they proposed to adopt, when the Attorney -General • No. 146. Sir, before . on or l)( to the her port letters, than 4 "I cut in o "A stem an( in lengt denoted white or from tin "Ti ments of "If i' ,. f .. \( t 12, IH'-O. conlittUty «»f I aKtv>it»t the 'ml\nl)iti«itH ways exiHti'd iiH vlrendi for 1 point to my ral)lc Uritisli liavinK usod riously due to ihcrmcii from ■noting tlicrc, vitli less coii- iiiu; ccntreH of \ is alMioiinal, threatens the_ < deserving; of s and families Ives and tlusir AUftCUAL. ,„e 12, 18S0. add at tlie siinie ill the condition iiateriallv lisscn T. WALKER. Illcv, Auijuxt 2'\.) Si'wfoimdiand, mo, J liavo the at this port, as r niarkiug of all ving been issued a wiHi a further the registration ■)C will meet the the most serious l)le manner ; and [c last sitting of Lttorncy -General Huid that the Ministry was proparini^ a reply, and rrpentod that ns leglslntion would b« required, and the ANS(>inl)ly is iurs have been, and will bu, given to insure the att;iiunu«iit (d' the object desired hy llcr .Majesty's (lovernment, which [ see must lu; nu essential prelimiuary to any saiistaetory arnuigement l)eing oomo to with the Frotu'h. At the .same tiuie, it is needless for mo to ohsorvo that under a responsible Government tin; powers of the Governor are very limited indcospateh from the Secretary of State for the Colonies on the subject of the enforcement of the provisions of the Merchant Shipping Act respecting the marking of vosHols — 2. That copies of inclosed Circulars have been forwanh^d to the Custotns ofllcials in the dilTerent outports of the island, as also to owners of vessels residing in St. .John's, llarbour Grace, and Carboiuiar. 3. That the attention of Surveyors of Shipping has been called to that part of their instructions having reference to the matter referred to in said Circulars. 4. That during tiie past month the Custom-houstj boat at this port has been employed in boarding schooners on their arrival with the view of seeing that the law has been complied with. 6. llefcrring to the concluding part of his Lordship's despatch, [ beg to say that this Department has rcecuved lu) reports which would lead to the conclusion that the instructions had not been, as far as pussihle, carried out. I have, &(!. (Signed) JAS. L. NOONAN, ' Assistant Collector. Inelosure 2 in No. 152*. Public Notice. THE following secition from the Merchant Shipping Act is published for general information and guidance : — " Section ;5 1'. I'ivery IJritish ship registered after the passing of this Act shall, before registry, and every Hritish ship reg'.stered before the ])assing of this Act shall, ou or before the 1st day of January, 1S7 t, bo permanently and conspicuously marked to the satisfaction of tho Hoard of Trade as follows : " iler name shall be marked on each of her bows, and her name and the name of her port of registry shall bo marked on her stern, on a dark ground, in white or yellow letters, or on a light ground in black letters, such letters to ho of a length not less than 4 inches and of proportionate breadth. " Her ollicial number and tho number denoting her registered tonnage shall be cut in on her main beam. '■ A scale of le(>t denoting her draught of water shall bn marked on each side of her stem and of her stern post iu Roman capital letters or in figures not less than G inches in length, the lower line of such letters or (iguies to coincide! with th(* draught line denoted thereby. Such letters or ligures sliall be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Board of Trade may from time to time approve. " The IJoard of Trade may, how(!ver, exempt any class of ships from the require- ments of this section, or any of them. " If tho scale of feet showing the ship's draught of water is in any respect inaccurate, I ! f Si 580 HO as to be likely to mislead, the owner of tlio ship shall incur a penalty not exceeding 100/. "The marks required by this section shall be permanently continued, and no alteration shall be mad(; therein, except in the event of any of the ])articulars thereby denoted being altered in the manner provided by tho Merchant Shipping Acts, ISOi to 1873. " Any owner or master of a British ship, who neglects to cause his ship to bo marked as aforesaid, or to keep her so marked, and any person who conceals, removes, alters, defaces, or obliterates, or sulVers any person under his control to conceal, remove, alter, deface, or obliterate any of tho said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, shall, for each offence, incur a penalty not exceeding 100/., and any officer of Customs, on receipt of a certificate from a Surveyor or Inspector of the Board of Trade that a ship is insufficiently or inaccur.itely mai'ked, may detain the same until the insufficiency or inaccuracy has been remedied." (Signed) M. FENELON, Colonial Secretary. Secretary's Office, February 19, 1889. Inclosure 3 in No. 152*. Notice. THE attention of owners -nd masters of vessels is called to the following extracts from " The Merchant Shi])ping Act, 1873," and all officers of Customs arc to sec the same strictly enforced : — " Every British ship registered after the passing of this Act shall, before registry, and every British ship rcsjisterod before the passing of this Act shall, on or before the 1st day of January, 1871, be permanently and conspicuously marked to the satisfaction of the lioard of Trade as follows : — " Her name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stem, on dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than 1 inches and of proportionate br(>adtli. " Any owner or master of a British ship who neglects to cause his shij) to bo marked as aforesaid, or to keep her so marked, .... shall for each offence incur a penalty not exceeding 100/." (Signed) BOBERT THORBURN, Acting Registrar of Shipping. Registrar of Shipping Office, Custom- House, St. John's, Neufoundlaiid,. October 16, 1888. M. No. 153. ; 'i \ I The Marquis of Salisbury to the Earl of Lytton. My Lord, Foreign Office, September 2, 1889. I TRANSMIT to your Kxccllcncv herewith copies of correspondence which has passed between Captain Sir Haldw in Walker, of llcr Majesty's siiip "Emerald," and Captain Antoinc, of the Frencii vessel of war " Bisson," relative to tho action of the latter in removing lobster-traps licloiiging to Britisli subjects on the shores of Keppcl Island during the temporary absence of the Ihitish cnii/.crs from the spot.'* Sir IJ. Walker tiiouglit it iiis duty to |)rotcst against the action of the Frencli Commander, and it appears to Her Majesty'n Government that his complaint was well founded. it is argued by Ca|)tnin Antoine that tho traps in question were set upon ground which had been forbiddi n to British subjects by the British Commander last year ; but it ajjpears that in the present season the Krcnch tishcrmen have not occupied the spot, nor has any complaint been made that their operations were interfered with by the traps in question. There were, therefore, no circumstances of an urgent character to call for iuunediatc • No. 162. t exceeding icd, and no lavs thereby ; Acts, 1854 5 ship to bo lis, removes, to conceal, iut aforesaid, ;ach oflcncc, receipt of a it a ship is insufficiency ! Secretary. wing extracts ire to SCO the shall, before Act shall, on sly marked to [i the name of liite or yellow mgth not less lis ship to be ■aeh offence of Sliipping. iber'2, 1889. licli has passed and Captain if the latter in Ishiul during of the French plaint was well t upon ground year ; but it d the spot, nor ly the traps in ll for immediate 281 or exceptional steps, and even if such had been the case, Captain Antoine might have ascertained on inquiry that one of Her Majesty's vessels was in the neighbourhood, and expected shortly to arrive. I should wish you to call the attention of the French Government to the matter, pointing out the illegality of such interference with British subjects by a French naval officer. You may, however, add that, while thinking it right to draw attention to the incident. Her Majesty's Government gladly acknowledge tiie excellent relations existing between the British and French naval officers, and hope that no fresh difficulty will occur of this nature. (Signed) I am, &c. SALISBURY. No. 164. Mr. Elliot to the Marquis of Salisbury. -^{Received September 14.) My Lord, Paris, September 13, 1889. I HAVE the honour to transmit herewith to your Lordship a copy of a note which, in obedience to the instructions contained in your Lordship's despatch of the 2nd instant, I have addressed to the French Minister for Foreign Afiairs on the subject of the removal of lobster-traps belonging to British subjects on the shores of Keppel Island, by the Commander of the French war-vessel " Bisson." (Signed) 1 have, &c. F. ELLIOT. Inclosure in No. 154. Mr. Elliot to M. Spuller. M. le Ministre, Paris, September 13, 1889. HER f "iesty's Government have received copies of correspondence which has passed between Captai.. ''"r Baldwin Walker, of Her Majesty's ship "Emerald," and Captain Antoine, of the Fre^. ' vessel of war " Bisson," relative to the action of the latter in removing lobster-traps oelonging to British subjects on the shore of Keppel Island during the temporary absence of the British cruizers from the spot on the 15th June last. It will be seen from this correspondence, of which copies are doubtless in the posses- sion of the Government of the Republic, that Sir B. Walker thought it his duty to protest against the action of the French Commander, and it appears to Her Majesty's Government that his complaint was well founded. It is argued by Captain Antoine that the traps in question were set upon grounds which had been forbidden to British subjects by the British Commander last year ; but it appears that in the present season the French fishermen have not occupied the spot, nor has any complaint been made that their operations were interfered with by the traps in question. There were therefore no circumstances of an urgent character to call for immediate or exceptional steps, and even if such luid been the case Captain Antoine might have ascertained, on inquiry, that one of Her Majesty's vessels was in the neighbourhood, and expected shortly to arrive on the spot. I am instructed by Her Majesty's Principal Secretary of State for Foreign Affairs to call the attention of the Government of the Republic to this matter, and to point out the illegality of such interference with British subjects by a French naval officer. I am, however, to add that, while thinking it right to draw attention to the incident, Her Mf^esty's Government gladly acknowledge the excellent relations existing between the British and French naval officers in Newfoundland waters, and hope that no fresh difficulty will occur of this nature. I have, &c. (Signed) F. ELLIOT. [269J 90 ll.. (■ il 11 .i i )] i r if^^ 282 No. 155. Colonial Office to Foreign Office. — (Received October 1 1.) Sir, Downing Street, October 11, 1889. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a letter from the Admiralty, inclosing a letter, with several inclosures, from Captain Sir Baldwin Walker, of Her Majesty's ship " Emerald," respecting the raising of lobster-traps by boats belonging to the French Government vessel " Drac," in St. Margaret's Bay, Newfoundland. This case resembles the previous case of the removal of traps off Keppel Island, which formed the subject of your letter of the 1st instant, and Lord Knutsford thinks that it calls for a further remonstrance on the part of Her Majesty's Government. The traps appear not only to have been removed when a British man-of-war was in the neighbourhood, but were removed to make way for French traps, and, when raised, were placed on the shore below high-water mark, in consequence of which many of them were injured or destroyed. Lord Knutsford fears that such acts, if continued by officers of the French Government, may lead to serious com])lications, and he would suggest, for Lord Salisbury's consideration, whether this might not be pointed out to the French Govern- ment. It would seem also deserving of consideration whether some intimation should not be conveyed to the French Government that a claim to compensation will be made on account of these lobster-traps as soon as the full particulars of the damage done have been ascertained, 1 am, &c. (Signed) JOHN BRAMSTON. II J Inciosure 1 in No. 166. Admiralty to Colonial Office. ' Sir, Admiralty, September 19, 1889. I AM commanded by my Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State for the Colonies, a letter dated the 3rd Sep- tember, with its eight inclosures, from Captain Sir Baldwin Walker, of Her Majesty's ship "Emerald," respecting the raising of lobster-traps by the "Drac's" boats in St. Margaret's Bay. I am, &c. (Signed) EVAN MACGREGOB. Inciosure 2 in No. 156. ; i '\^l w j: Captain Sir B. Walker to Vice-Admiral IVatson. Sir, •' Emerald;' at St. John'.i, September 3, 1889. I HAVE the honour to forward the correspondence which has taken place owing to the action of the French aviso " Drac " in St. Margaret's Bay, when the lobster*trap8 of the men employed by Mr. Shearer's factory in Brig Bay were lifted by the " Drac's " boat, and placed nn the beach without taking into consideration the state of the tide, the fishermen of the French factory immediately placing their traps on the ground which had been occufiied by the English. 2. The justification of this action on the part of the French is rested on the Frencii Commodore's assumption tliat I had accepted the line of demarcation which ho |)roposed to me on two occasions, on each of which I informed him in so many words that I did not recognize the French right under the Treaty to the lobster, but that I was anxious in their regular mode of lisliing to do all in my power to jirevent interference. I also, when he showed me the lines he proposed, especially with refcrpiice to St. Margaret's Bay, remarked that if I were to accept them there would be nothing left for us, and I again informed him that I could not recognize their right to the lobster. 3. In further conversation he impressed on me that the traps interfered with the taking of bait about Port Saunders, and that at John Meagher's Cove he was particularly fMl \, 1889. le Marquis ith several respecting el " Drac," ipel Island, ford thinks nent. The was in the raised, were ; them were the French t, for Lord nch Govern- i should not be made on ne have been AMSTON. ,r 19. 1889. transmit, for the 3rd Sep- Her Majesty's c's" boats in JGREGOB iher 3, 1889. U place owing he lobster-traps the " Drac's " Ite of the tide, ground which II on tlic French III ho proposed Is that 1 did not 1 was anxious in I also, when Margaret's Bay, us, and I again levfered with the IwBS particularly 283 desirous that the Castors Rivers should be clear, and it was on taking leave after the above conversation that I impressed on him that I would promise nothing, but that 1 was going north, and would inquire into the matter. 4. So as to admit of no mistiike as to my meaning, I said in my letter, which was sent after the conversation above referred to, that eacli case as it arises must be dealt with on its merits. 5. On my going north I gave certain limits at Port Saunders and John Meagher's Cove, as in both places the legitimate French fishing operations might have been interfered with had lobster-tnips been set on the forbidden ground, and these restrictions were duly communicated to the French cruizer ; but at St. Margaret's Bay there is no fishing, except at New Ferolle, the lobster industry being the only employment, and, therefore, no demarcation was necessary. 6. The fishing in New Ferolle is carried on by French vessels, who fish " en d^grat," and would be settled by the Englisli cruizer on the coast as the necessity arose. 7. The French vessels which come to New Ferolle, owing to the badness of the season, gave up the fishing quite early, before any question arose. 8. Under the above circumstances I am at a loss to understand how Commodore Mar^chal could have, for one instant, supposed that I bad even contemplated accepting his proposals, especially as Captain Antoiiic had asked Captain Russell with respect to St. Margaret's Bay, and was informed that no demarcation existed. 9. I would further add that, in my conversation with Captain Reculoux, the accepta- tion of any demarcation at all is endeavoured to be turned into an acknowledgment by me of the lobster-catching on the part of the French. 10. The men employed by the French factory at Brig Bay commenced lobster- catching three days before the English, and were thus enabled to take their choice of ground without interference. Just previous to the arrival of the " Drac " the number of men at St. Margaret's Bay was supplemented by some men with their traps being trans- ferred from the grounds occupied about Old Ferolle and Brig Bay to St. Margaret's, and as the English employed about the same grounds were obtaining fair catches, it is difficult to arrive at the benefit which would accrue from this tn iisfer. 11. In that portion of the Commodore's letter of the 29th July in which he remarks that "as far as the case in question is concerned, it in no way affects the normal residents on this shore, but it docs strangers to Newfoundland, &c.," I would point out that, although the traps lifted in all but one case belonged to Nova Scotian men, yet the indirect result of the loss in catch would afl'ect the normal residents employed both directly and indirectly. 12. The statement that the operation of landing the traps of Mr. Shearer was carried out with care and order does not agree with the Report made by Commander Russell, nor with the inquiries I personally made at St. Margaret's Bay shortly after the incident; that they were intact at the time of landing may have been the case, but that they were placed without regard to the slate of the tide is, I think, iudisputable ; also that the operation of landing the traps was not completed till late on the evening of the 20th ; and that a breeze strong enough to prevent the " Lily " going to the anchorage in St. Margaret's Bay was blowing at 5 p.m. on the 21st, thus disposing of the accuracy of the statement that the storm occurred after two days. With reference to the complaint against the steam-ship " Neptune," the interference was prospective, and not actual, as, after investigation, I am informed that there were no French fishing or desirous of doing so at the actual time when the occurrence referred to took place. Complaints are constantly made by the French officers against the employe's of Mr. Shearer's factories. I am of opinion, after very careful inquiry, that in many instances it is the result of misunderstanding. In one case especially, that Commander Russell and myself investigated, we came to this conclusion. That they do not pay the same deference to the French officers that these officers receive from their own fishermen is undoubted, but T believe that the same respect is shown to them as to the English otticers, the manners of the employes being at all times off-hand. I have, &c. (Signed) B. W. WALKER. ll m [209 1 0.2 i H i-i m ■ -5/ V 1 i i hi M^ 284 Tnclosure 3 in No. 1 55. Captain Reculoux to Captain Sir B. Walker. Division Navale de Terre-Neuve, M. le Commodore, " Drac," le 24 Juillet, 1889. J'Al I'honneur de vous informer que, le 18 Juillet, k 6 heures du matin, j'ai mouille dans la fiaie de Sainte- Marguerite, oil les pScheurs Anglais et Frangais se livrent^ la p6che du homard. Aussit6t au mouillage, j'ai visits le terrain de pSche de la partie de cette baie r^serv^e aux Fr»n9ai8, pour m'assurer qu'il n'^tait plus occupd par les casiers de la factory Anglaise de Brig Bay ; le Commodore Mar^chal aprls entente avec vous, ayant pr^venu, Ic 1 1 Juillet, le g^rant de cet ^tablissement, Mr. Shearer, d'avoir, en raison de la nouvelle disposition prise, k retirer ses casiers de ce terrain. Mr. Shearer n'avait tenu aucun eompte de I'avertissement que lui avait &t6 donntf et les nombreux casiers de sa factory occupaient encore les places attributes aux p£cbeurs Fran^ais ne permettant pas k ces derniers d'y mettre les leurs. J'ai, en consequence, ^crit imm^diatement k Mr. Shearer, pour le prier de nouveau de retirer ses casiers et le pr^venir que, en I'absence de tout croiseur Anglais, je serais oblig^ de le faire relever moi-meme s'il persistait, au dela du 24, h les lai< me by M. le dence that had ^nglisli lobster- ed in tlie letters h you verbally id been accepted , but my letter 1 place. the supplanting Ith, and previous I to show me the lines of demarcation as proposed by you, but this can hardly be construed into the acceptance of such an important concession of British rights. I would point out the fact that any restrictions or modifications of previous arrange- ments of the grounds occupied by English lobster-traps, as in the case of Port Saunders and John Meagher's Cove, have altvays been conveyed in writing, in your absence, to the Commander of the French cruizer, in order that no misapprehension on the subject as to what portions of the coast were prohibited should exist ; I therefore cannot sec that I have in any way given grounds for the supposition that 1 acceded tu your proposal with reference to St. Margaret's Bay. I again repeat that I am desirous of doing all in my power to prevent any interference with the legitimate claims of the French fishing operations, as conceded by 'Preaty ; at the same time I cannot entertain the proposal to raise English lobster-traps in order that they may be supplanted by those of the French. In my endeavour to meet your views as far as possible, as shown by the restrictions placed on the factories at Port Saunders and John Meagher's Cove, so as to prevent there being any just cause of complaint, this action of mine apparently is construed into an acceptance of the whole modus vivendi. In the case of John Meagher's Cove, the line you proposed was adopted, as you represented to me that you were especially desirous that tlio Castors River should be clear of traps, in order to prevent any interference with the French fishing. At Port Saunders the restrictions were made to insure the seining for bait being carried on without interruption, and a boat was stationed there in order to enforce all lobster traps-being lifted immediately the French were desirous of occupying the waters. Captain Antoine verbally asked Commander Russell about the division of St. Margaret's Bay, as proposed by you, and was informed that no instructions to that effect had been given to him by his Senior Officer. This was after the arrangements at Port Saunders and John Meagher's Cove had been communicated to Captain Antoine in writing, thus clearly showing that had the modus vivendi proposed by you with reference to St. Margaret's Bay been accepted, a communication in writing would have been sent to the Captain of the French cruizer, in your absence, informing him of the division of grounds in question. The English traps that have been lifted are being reset in unoccupied waters, and there is no reason why the men of the two nations should not continue their industry without any dispute arising. I have, &c. (Signed) B. W. WALKER. Inclosure 6 in No. 165. Captain Mar^chal to Captain Sir B. Walker. Crotseur " La Clocheterie" Baie de I'Ariege, M. le Commandant, le 29 Juillet, 1889. J' AT I'honiieur de vous accuser reception de la lettre que vous ni'avez adress^e de Port Saunders le 25 Juillet. Le Commandant du "Drac" et du "Bisson'' m'ont donnd connaissance de la correspondancc qu'ils ont ^changee avec vous ct avec le Commandant du "Lily," au sujet des divers incidents de peche qui ont eu lieu depuis la date de notre derni^re rencontre, le 12 Juiii, au havre de York, et je profite de cette occasion pour vous en entretenir ii mon tour. Je m'empresse de roconnaitre que vous n'avez pris aucun engagement vis-a-vis de moi ; qxi'h notre dernifire cntrevue vous avez meme insiste verbalement sur ce que vous ne prometticz ricn en ce qui coiicernait la delimitation de foods de pfiche que je vous proposals comme une transaction Equitable ecartant tout con flit et permettant a nos Gouvernements respectifs de rechercher impartialement la solution des difficult6s existants h Terre-Neuve au sujet de pecheries. Vous ajoutiez que vous remontiez dans le nord et que vous verriez. Depuis, vous m'avez inform^ par ^crit que vous engagiez . "" ;^'3cheurs a observer les delimitations h Port Saunders et h I'Anse de John Meagher's Cove, et j'en avals conclu hien i tort, je le vols, qu'il devait en etre de meme pour Sainte-Marguerite. Je n'avais pas pris garde h votre silence au sujet de cette baie et lorsque, le II Juillet, j'ai 4t6 saisi de la plainte du Capitaine Philippe, auquel les p^cheurs de I! ! ¥ I -i % ■ \Wi 1 1 i ■■ It 'I If) f ., I 268 Mr. Shearer ne laissent dans cette bale qu'une place ridiculement petite, je n'ai pan liesitd u invoqiier de bonne foi ce que j'appclais votre Convention, et h prier Mr. Shearer de fuire retircr les cuHiers qu'il avait dans les anses ouest, sud, et sud-est de Sainie. Marguerite. Jo confesse, M. le Comnnandant, que mon d^sir de concilier tous les int^r^ta in'a fait prendre pour une r^alite ce qui n'(5tait qu'une esp^rance, mais il serait juste de reconnaitre d'autre part que le peu de cas fait par Mr. Shearer des reclamations dcs croiseurs Fran9ais a rendu nion erreur bien inoifensive. Je vous remercie de la nonvelle affirmation que vous voulez bien nte faire de votre d^'sir d'user de tout votre pouvoir pour empecher que les p^cheurs Fran9ais soient gdnes dans le legitime exercice du droit de p£che qui leur est conc^dd par les Trait^s, et j'esp^re en consequence que vous voudrez bien prendre en consideration la protestation suivante que j'ai le vif regret d'avoir k vous adresser. Je ne puis accepter comme deiinitif la mesure qui vient d'etre prise k I'^gard de nos pecheurs de Sainte-Marguerite. J'affirme qu'elle leur impose un trouble considdrable dans I'exercice de leur Industrie et qu'en consequence elle viole manifestement leur droit et est en contradiction formelle avec les promesses contenues dans la declaration faite le 28 Mars dernier par son Excellence Lord Salisbury il notre Ambassadeur h Londres. Je vous demande, M. le Commandant, dc vouloir bien user de votre autorite pour obliger Mr. Shearer h laisser a nos pScheurs la libre exploitation des anses ouest, sud, et sud-est de ccttc bale, qui leur sont absolument necessaire. JMnsiste sur la moderation de ma demande comparee i\ I'^tendue des droits qui nous sont garantis par les Traites. J'insiste enfin sur les mesures conciliantes que je vous avais proposees au debut de la campagne, et qui oflfrent un contraste frappant avec celle qui jette le trouble parmi les p^cheuis Fran9ais de Sainte-Marguerite en lesant tous leurs inter^ts. J 'avais cu I'honneur de vous declarer vtrbalement au debut de la campagne que je ])Oussais la moderation au point de ne redamer pour nos pecheurs que les espaces qui ieur etaient strictement indispensables cette annee, et cela, afin de permettre aux residents Anglais de protiter le mieux possible des espaces inoccupes. Vous m'avez inform^, M. le Commandant, que les casiers leves sur mon ordre, par le Commandant du " Drac," allaient fetre replaces dans des endroits inoccupes. Vous me permettrez de vous prier de constater qu'au contraire ces endroits sont parfaitement occupes par nos pficheurs^, et d'insister sur ce que les casiers Anglais ne troublassent la peche dcs Fran^ais, d laquelle ils causeront un prejudice considerable. II est clair, autant que ce qui ))assc sous I'eau pt- ut tomber sous les sens de ccux qui vivent a la surface, que les cngins de peclie concurrents etant aussi rapproches, le poisson qui sera pris dans les casiers Anglais aurait etc en leur absence dans les casiers Frangais. II m'est impossible de ne pas vous faire un acquis en outre qu'il est difficile de roncevoir que le droit de juger de la gfine qu'(5prouvent nos p^cheins et de I'espace qui lenr est necessaire sont exercu par leur concurrents, dont les operations sur les fonds de p£che occupes par les Fran^aii? sont d'aillcurs iliegiiles. J'estime que la mani^re dont les pecheurs Anglais veulent iniposer leur concurrence a Sainte-Marguerite trouble les operations de nos pecheurs et l^se gruvement leurs interets. Jc cousidere (ju'aujourd'hui encore la separation des fonds de peche dans la Bale Sainte-Marguerite telle (jue jc vous la demandais dejk Ic 11 .luin est la seule solution acceptable et tonfbrmc au desir dc paix et de concorde qui aniiiic le Gouvernement Fran^ais. L'actiou du '* Drac " ii Sainte-Marguerite n'a tt6 qu'une simple mesure de police de peche destine h supprinier I'obstacle qui g6nait la peche des Franyais. L'exercice de cette police n'est pas nouveau a Terrc-Neuve et ne saurait avoir le caract^re grave que vous semblez lui attribuer. Je serais desoie de voir le ddbat s'engager sur un autre terrain que I'esprit de conciliation qui aninie les officiers servant sous nies ordres leur fait toujours eviter. Je ne orois pas (jue les croiseurs Fran^ais aient demande le relevement de casiers Anglais pour avoir la satisfaction d'y subetituer des casiers Fran^ais. Nos reclamations s'inspirent d'un ordre d'idees plus general. Mr. Shearer, en s'etablissant pour peeher sur les fonds de peche qui nous sont reserves par les Traitds savait en venant s'installer quels etaient les risques qu'il courrait et connaissait la servitude dont tout le terrain de p6clie qu'il exploite est affiscte. Quelle que soit le temps depuis lequel il jouit de son exploitation, les engagements solennels des Traites existants entre les Gouvernments de la Grande-Bretagne et de la France lui enl^vent toute possibilite de pretendre h un droit de premier occupant. Ni le temps ni la volonte d'une seule des parties qui ont signe le Contrat ne peuvent lui donner ce droit. La justice exige qu'il se retire purement et simplement, la moderation et la conciliation qu'il se retire seulement au fur et & mesure de roccu[)ation effective des fonds de pSche Sir, 289 je n'ai paR Mr. Shearer t de Sainle. I les int^rfeU lais il serait reclamations faire de votre J soient gdnes ^8, et j'espfere ition suivante regard de nos > considdrable lent leur droit aration faite le , Loudres. Je B pour obliger sud, et sud-est Oration de ma it^s. !S au d^but de )ub1e parmi les ampagne que je les espaces qui e aux residents mon ordre, par occup^s. VouB nt parfaitement troublassent la jest clair, autant [i la surface, que ra pris dans les est difficile de de Vespace qui Isur les fonds de Imani^re dont les ;rite trouble les lie dans la Bale [a seule solution Gouvernement sure de police de L'cxercice de Ict^re grave que ler sur un autre V ordres leur fait hneut de casiers los reclamations qui nous sont nes qu'il courrait uffecte, Quelle Uments solennels de la France lui |Ni le temps ni la donner ce droit, ^t la conciliation fonds de peche par les Frnnejnis dont ni lo nombro dcs pt'clioiirs ni le nombrc dos cngiris do pfiche n'a 6t6 limito par les Traites. Je tiens i^ bicn specifier que pour le cas p.irticuliev qui nous occiipo il ne s'agit nuUement dc residents ^tablis normalcnictit sur la c6te, mills bien d'ctraiigcr* li Terre- Neuve el de residents accumules par des speculateura pendant la saisou cle pilclie sur les points oil les Prangais ont le droit d'cxercer leur indiistric. Et j'ajouterai que la p6cbe ninsi conduite ravage les fonds attribu^s aux Fran9ais et par cela scul l^sa gravetiient leurs intermits ainai (|ue ceux des residents cux-mdmes d'ailleurs. I'our elAre cctte protestation j'affirino que I'opt^ration do la misc h terrc des casiers do Mr. Shearer a dte faitc avec soin ct ordre sous la surveillance de deux otficiers et d'un aspirant du " Drac." Les casiers ont etc places intacts sur la grove devant l.;8 agents do Mr. Shearer, (jui sont seuls responsables des avaries que lo coup de vent survenu deux jours apr^s a pu leur intliger. .le profite dc cettc occasion pour attircr votre attention, M. le (Commandant, sur I'infraction commise par le vapeur le "Neptune" dc Saint-Jean de Terrc-Neuve, vena i Port Saunders pour y chercher du bois pour ses dtablissemcnts de pdclic de Labrador. Ce biUiment, seconde par un ou plusieurs pocbeurs Anglais, parmi lesipiela sc Irouvait Ic Sieur Atkins, otabli li Gargamelle, a opere le 10 .luin avoc un nersunne! tr6s nonibreuv une veritable rapto de boette sur les platiers de Gargamelle reserves a la pnche des Frangais. Nos banquiers dc Nouveau Port-au-Cboix ont ce jour mome manque de boiitte ct s'cn sont vivenicnt plaints. Je lie voudrais pas trop insistrr sur un pareil fait, qu'il ctait difTicile de prevoir ct de prevenir, mais il indique combion ma reclamation au sujet de I'Anse Gargamelle otait fondee et jusqu'i quel point on se cruit autorise aujourd'liui a meeonnaitre le.s stipulations de Trait<''s. II est vraiment desirable que des mesures equitables soient adopte'es pour rappeler au respect des engagements pris tous ceux (jui sont si tentes de les oublier. Agrcez, &c. (Sign6) A. MARfiCHAL. (Translation.) Cruiser " Ln Clochelerie," Arieye limj, Sir, Jul), 29, 1889. I HAVE the honour to acknowledge the receipt of the letter you addressed to me from I'ori Saunders on the 25tli .Tuly. The Commanders of the " Drac " and of the " Bisson " have acquainted me with the correspondence they exchanged with you and the Commiuler of the " Lily " on the subject of various tishory incidents whieli have occurred since the (lat(> of our last meeting, on the 12th .Fune, in York Harbour, and 1 take this opportunity of now myself addressing you on this subject. I hasten to acknowledge that you entered into no engagement with me; that at our last interview you even laid stress verbally on tlu; fact that you gave no promises with respect to the delimitation of fishery grounds M'liicb I proposed to you as being an equitable compromise, which would avert any dispute, and allow our respective Governments to seek impartially a solution of the diffieulties existing in Newfoundland on the subject of the lisheries. You added that you were going northwards and would think it over. You have since informed me, in writing, that you wore advising your tishermen (o keep within the boundaries at Port Saunders and .lohn Meagher's Cove, and from that I concluded, wrongly as T now see, that the same would apply to St. Margaret's. I had not remarked your silence on the subject of this bay, and ou the 11th July, when I had before me the complaint of Captain Philippe, to whom Mr. Shearer's iishermen have left only an absurdly small space in this bay, I did not hesitate to appeal in all good faith to what I teruKnl your Convention, and to request Mr. Shearer to withdraw the traps which he bad in the west, south, and south-east coves of St. Margaret's. I confess that my desire to reconcile all int(!rests induced me to assume as a reality what was only an expectation, but it would be only just, on the other hand, to acknowledge that the little notice taken by .\lr. Shearer of the demands of the French cruizers rendcr'cd my error very harmless. I thank you for the fresh assurance you are good imough to give me of your desire to do all in your power to prevent the French fishermen from being disturbed in the legitimate exercise of the fishery rights given to them by the Treaties, and I hope, consequently, that you will have the goodness to take into consideration the following protest, which I regret keenly to haye to address to you. [269] 2 f I 200 I T nm unn})lf' to accopt ns doflnitivo tlio monsn'T- wliicli ImH just boon mloptod in ivspcct to our lislioniH'ii of SI. Margaret's. I , scrt that it dlHturim them cou- 8i(h'ral)ly in the exercise of their industry, and that, eonHoquently. it manifestly violates their rii,'lits, and is in formal eontradietion to tho promises eontainod in the deelarntion made oi\ tlie 2Hth Mareh last l)y his Kxeelleney I /ml Salishury to our Aml)assador in London. I recpiost that ycm will kindly exert your a\ithority to ohli!,'e Mr. Shearer to leave to our iishormen the free use of tlie uest, soutli, and south-east e.)ve8 of that bay, which are absolutely iiccc sniy li> tliein. I lay stress on the nu)deration of my re(|uest, compared with the extent of tlie rights ^^u^ran(eed to us by the Treaties. Finally, I call your attention to the couciliiUory measures wliitdi I proposed to you at the be},'inniui,' of the season, and whiar to eaeli other the fish taken in the Enf^lish traps would, in their absence, have been in the Frendi traps. I cannot help pointini,'out, moreover, that it is diCiicult to conceive that the ri^ht of jxulging of the amount of annoyance inllit-tefl nn our lishermen, and of the extent of ground they require, should be exercised by their rivals, whose operations in the fishing grounds occupi(,'d by the French are, raor(>over, illegal. I consider that the Avay in which the English lisheMuen try to assert their co/ni)etition at St. ^fargaret's disturbs the operations of (mr lishernu'ii, and seriously injures their interests. I am still of opinion that wen now a s(>paration of the lishing grcmnds in the Hay of St. Margaret's, such as I proposed on the lllh Jiuie, is the only solution acceptable, and in conformity with the desire ftn* peace? ami concord which animates the French Government. The action of the " ])rae," at St. ^largaret's, was only a simjjle police measure, taken with the view of removing the obstacle wliicli was disturbing the French fishery. The action of such police is nothing new in Newfoundland, and could not bear the serious character which yoneh crui/.ers can have requested the removal of English traps in oitler to have the satisfaction of substituting Freiich traps. Our demands are inspired by more gen(>ral considerations. In establishing hims(>lf to lish '»n the grounds reserved for our use by the Treaties, ^ir. Shearer knew the risks he was running, and was acquainted Avith the conditions which govern all the ground he fishes. No matter how long he has used the fishing grouiuls, tlie solemn engagements of the Treati(!s existing between the Governments of Great Hritain and Fmncc deprive him of all possibility of claiming a right of liret occupant. Neither the lapse of time, nor the will of one of the parties to the signature of the contract, (jan give him this right. Justice exacts his withdrawal, pure and simple ; moderation and conciliation require his withdrawal only in proportion as the fishing grounds are elfectually occupi(!(l by the French, for whom the Treaties have not limited either the number of lishermen or the number of appliances. I wish carefully to specify that, in this particular case, there is no question of residents habitually estal)lished on the shore, but of strangers to Newfoundland, and of residimts brought together by speculators during the fishing season at points where the French have rights of industry. And I will add that the lishing tims cai'ried on despoils the grounds allotted to the French, and thus alone seriously injures their interests, as well as tlio.se of the residents themselves. To conclude this protest, I must state that the landing of Mr. Shearer's traps Avas done carefully and orderly under the supervision of two ollicers and a midshi|)man of the " Drac." The traps were placed intact on the shore l)efore Mr Shearer's agents, who alone arc responsible for the damage done to them by the gale two days later. rephi thrs questir for order part interesi F " Drac, doubt forth legitini! for the by Tret I Hcculoi tor me Sir. Ill came on received I lulnptcd in them con- >stly violates > (lt;(!lamtion n\)iiHsa(l<)>" i'l Mr. Slu'aror coves nl' that at ion of my real ies. l»i()l)o»e(l to tliose wliieli ) season tliat spaces wliieli f tlie Englisl) I'd. . Commander 9. Allow lUC •iiry, occupied l)u distuibed t is clear, so are above it, tish taken in ,at llio ri^'Ut of ■ the extent of 'rations in the isider that the St. ^largaret's -rests. iiuls in the «ay tion acceptable, Ites the J-'rench police measure, Fremdi lishery. (I not bear the [essed to see the the officers the removal of |u'h traps. Our by the Treaties, inted with the )W lon^ he has Ixistins between U i)08sibility ot" \o will of one of Justice exacts his withdrawal the IVench, for )r the number of , r\o question ol' oimdland, and ot I points where the I thus carried on Isly injures their licarer's traps was la midshipman of 1 Shearer's agents, \o days later. 291 r take this opportunity of drawing your attention to the irre}^ulurity committed by the steamer " Neptime," from St. iFoIiu'h, Nmvfoundland, whicii camo to Port Saunders in search of wood for its llsliin!,' cslaljlislunents at Tjabradcn'. This vessel, aided l>y one or more Knglish li>>liernien, amoni; whom was Mr. Atkins, established at (iarganielle, coiinnitltHl, with tlie help of numerous people, a perfect theft (" rajjte ") of bait on Mu' lishim; ^'rounds at (iari,'ami'lle, reserved IVtr the use of the l-'rench. Our nuMi established on the bank at I'ort-au-Clioix had no bait that day, and complained bitterly. T would not lay too ijreat a stress on such a proceedinfj;, which it is difllcult to foresee and i,'uar(l ai,'ainst; but it shows bow •Acll-I'miiideil was my euuiplaintas to (Jar^amelle Cove, and how far people imaijine at tiie present moment they may i,'o in dotiaiu'c of Treaty stipulations. It is really desirable that e(iuital)lo measures should be adopted to recall to a projicr sense of the respect dui; to Treaty t^ni^a^eincnts all those wlio are so much tempted to forget them. 1 have, &c. (Sigmd) A. MAlll^lClIAL. Inclosure 7 in No. I6;j. Cdjttttin fe'i'r li. IVallccr to Cdptain Mare'rhul. Sir, " Emcrahl." nf 67. Man/rrpt'.i lini/, Aiifiust i, 1889. I HAVE the honour to acknowledge the receipt of your letter of the 2\)t\\ July, containing your protest, and in whieli von also state tlint you cannot accept as definite the measure which has been taken with regard to your lisliermcn in St. Margaret's Bay. Allow mc to point out that these lislicrMU'n, who you atfirni are consideriibly disturbed in the exercise of their industry, arc prosecuting an industry the right to which Her Majesty's Government do not admit eotnes within the purview of the Treaties, and these fishermen are in consc(iuencc not entitled to the privileges accorded to the legitimate mode of fishing. From the above you will be aware tliat the liiiiilish traps in question were justified in occupying the ground they did, and nothing that has transpired has invalidated this right. As I have already informed you, my instructions do not tidmit, under these circumstances, of the raising of the English lobster-traps in order that they may be replaced by those of the French, and I res^ret that I am unable to accede to your wishes on this subject, and I hope that the remainder of the season may pass without further question arising. After the English lobster-traps had been raised by tlie " Drac," 1 gave permission for their being reset in waters then unoccupied, and I took means to insure that this order was obeyed ; the grounds were also constantly visited to insure no crossing on the part of the Hlnglish, thus giving practical effect to our nmtual desires to reconcile all interests. I take the opportunity of thanking you for your remarks as to the action of the " Drac," and though I do not wish to attribute to it any grave character, you are doubtless aware that these actions on the part of the French cruizers have always celled forth a protest on the part of the Knglish officers, even when exercised on behalf of the legitimate mode of fishing ; but when the property of British subjects is interfered with tor the benefit of an industry not recognized by Her Majesty's Government as privileged by Treaty, it can no longer be considered a simple measure of police of the fishing. I feel sure the French cruizers are only acting from the highest motives. Captain Ucculoux, in a long experience, has too often shown his moderation on previous occasions for me to attribute his conduct to any other reason than the requirements of duty. I have, &c. (Signed) B. W. WALKER. Inclosure 8 in No. 155. Commander liussell to Captain iSlr B, Walker. Sir, " Uli/," at Port Saunders, July 21.. 1889. I HAVE the honour to inform you that, on the evening of the 20tb July, Mr. Shearer came on board the " Lily " at Port Saunders and delivered to me a letter which he had received from Captain Reculoux, of the " Drac." [2G9] 2 P 2 I h .1 .1 Jl 'ii- li L i ' •\ II i« t * t J ■ - i l^i iLL 202 2. Ill conBC(|Uciice of tliiH IUt MiiJLnt)'» uliip " I jly " weighed nt 4'30 tlic tbllowiii;; tiinniiiif!; to endeavour lo coiiiiiinniciitt' witli the " Dnic," which ship, on (»iir imsMini; Khit Inland, wiis observed fiowft into Well May. St. .Inliii jslnnil. The " I,ily," theiet'oie, also proceeded into that iinehorau'e. l\. I iniiiiedintely enlled on Captain Reeiiloiix, who then iiit'orined me that he hud iiiised a iiiiniher of lobster-trap^ on the west »ide «( St. Maf.'aret's Hay. I vorhidly inlormeil him that I should protest ngainst this; and, qr he told me he had left a letter int'ormin^ me nC tiic circumstaneefi, to.U(>ther with a eoniplaitit addressed to him hy the " ('apitaiiic IVud'hoimne " ot the Kreiieli litetory at Hrifj; May, at that place, I asked him ii' liu wnnld he ^ood ciioiigh to tiirniHli me with copies. 4. On his returning my visit he l>roii,u;ht two letteiH. 1 then, utter traiiHlatinu; lux letter, wrote the answer, and jrot under way. f). On the otiieer who took it returning, he hrouL;ht with him iin')ther letter, hut us the "Lily" was alrendy under way, and I had nireadv, hotli verhally and in an otHcial letter, intbrmed Captain Keeuloux ot my intentians, I did not send any reply. (i. On reaching St. Marjj;.iret's Hay the weather was so thick and tmsdtled ihitt I determined to proceed to Hii^ Bay, where the ship anchored (or the iiii;ht. On the tbilowing morninj; weighed and proceeded to St. Marifuret's Hay, where I directed Lieutenant Robertson to visit (iodlrey's Cove (South-Knst Cove), whilst I myself visited the lobster ground along tlu! west side of South ('ove (Ke(;p Harbour). I found that the truwls had been lilted on Saturday, the 2(>tli .ruly, and had been placed iielow high-water mark. The wind on the 21st, havini; blown Htroiigly into the hay. had sent in some sea, which had caused damage to many of the traps. 'I he snoods and trawls had been in many cases cut, and n large iiuiid)er of killick»(Hticliors made of wood and stone), which are used as moorings, had been lust. 7. I was accompanied by Mr. Shearer, and gave him the inclosed Momoraiiduni, and informed the fisiiermcn that they might reset their trawls when ready, but that thuy were on no account to cross or otherwise interlerc with the French trawls. 8. 1 then proceeded to b'orteau Hay, where I met you, anil hud the honour to report verbally what had passed, and to submit to you cojjics of the concspondcnee between Captain Keeuloux and ntysclf. 9. On the 24th, in obedience to your orders, I again visited St. Afargurct's Hay, and found that the fisiiermcn were resetting their trawls as soon as they were able to get them ready. 10. They reported that they would liavc them all out again by the end of next week, except about seventy to seventy-five which had been too severely injured to be woitli repairing. Those in Godfrey Cove would be reset by the 27th July if the weather was fine. These traps are comparatively uninjured, as they were in a sheltered position, and would all be uble to be reset. 11. The trawls arc now being set in deeper water on the edge of the bunk, uii the west side, and about Race Island. The fishermen inlorm me that they would in any case have moved their trawls to these positions about the middle of August. 12. The trawls in New FeroUe were not interfered with, und a trawl olT HIack I'oint, U8 well us some about Oodfrey's Cove, were left down. 1 have, &c. (Signed) CJ. W. RUSSKLL. Inclosurc 9 in No. 155. Ciiptain Reculoux to Commander llumselh M. le Commandant, liaie Sainle-Manjuerite, le 20 Juillet, 188i). AFIN d'amoindrir Ics causes de conflit cntre Ics Frangais, qui vicnnent si Terre-Neuvc pour exercer le droit dc pciche concede jiar un Truite rcviitu de la signature dc Sa Majcsle Britannique, ct les sujets Anglais qui vienncnt, eoiitre I'espril dc ce Tiuit6, s'etablir sur cctte e6te pour y pitcher indilment en trouitlant nos natiunaux et on leur cuusant une yeiie ties on<5reusc, iios deux Commodores so sont enteiidus |)our ^tublir une esp^ce de inodun vivrndi i|ui peruiettruit d'attendre (|ue les iiuestions soumises ii nos Gouvernements soient d^finitivement reglces. Dans cet ordre d'id^es, eu ce qui coucernu la Uaic de !Saiutc*Marguerite, une ligne de Sir, I> Ncwfoi signut II this Tn impctlii Comma the ([iw VV the fish I'uniiiuii Til establislT part of at Jiri": I On temponJ wore soti 2g:i (It'iiiamitioii, |)iiiiaiit do la luiiiitc ilc la IVcit(|iriK' iiiix Cliicns ut allaiit a la puiiito I'sit ile I'unse dii Hixl-CHt, oOnarait Ich pCclicuis drs driix iiiitioDM. Li'K |i(^i'lieui'H ;'i lioinardit datiM |V.<«t dc cettc \\nnv. l/oui'st de lu l)aiu otait rdscrvi'c fXcluHivemeiit aiix pi\'lii'iiis Kri\iiriiis i'tiil)liH ii Hiii; Boy. A Hon dLTnicr passage stir citto tote (I 1 Juillot) It' ('finiiiii)ilt)i'e Fiani,'oin a pr^vcnu Mr. Shearer dc cclto dis|)i)Hitii)ii ti iiipomin' li Itii a dit de rt-tirer ccux de scit ea»irrs plaeeH en deliorH du terrain de ixVlie <|iii Itii etnit uftril)iii'. Qnand jc huIh arrive h !Saiiite-Mar{j;ucrite, lo 18 Juillet, je pensais que je truuvcraiH tout en ortlre ct (|ue je ne rceevniin aiirtiiie plaiiile tie nos ptVilieurH. J'ai t*te vivenient dt!'(;u en visitant la partie dc lu baic rtservec i la p»5elicric FraneniHO do Hrig Hay, el en reccvant la plaiiite tiop fbnildc dii Capitaim I'hilippc, tpii dirij^e cet I'tablisHcnieut. Un nonibrc etmsitierabic de caHiers a liDniaiiU oecupe ces ilcnx dc pi'clie. Nih oeelieurs y unt place ti)iit ee tju'iU ont |)u dew Icim-h, niais eeiix de In factory Shearer sunt l)caueoup |)lus nonihreux. Ce voisinaj;e iniimVliat cause unc grandc gCne ii nos pOehcin-s, ct cnlrninc un tle'sordie tiui pcut dcterininer de rcgnttahlcs eonflits. Dans res conditions, en I'alwencf de croiseurs Anglais, j'oi ecrit a Mr. Shearer pour le prior d'eidever ses casiers et je I'ai prevenu rpie s'iU n'etaient piis relevds dans les vingt- quatrc heures, je fserais i)l)lij;tj tie les faire relever nioi-nit'-nie. En outre, je suis nlh' i» Hri^ liay, et je nic suis presentt5 ^^ la lactory Anglaise oii, dans dcH Ibrnics polies et courtoises, j'ai deniande a p;ir!er it Mr. Shearer. J'ai t'-te rci;u avee un notable sans-gt'-ne par des einploytis, ipii in'oiit dit (pie Mr. Shearer et son npreseiitant t'taieiit al)sents. La longue piatii|ue ipie j'ai tie la ciMe de Terre-Neuve m'a perniis de rcinart|uer tpie c'est daus lea habitudes des geranfs tie ces etnblissenieiits de n'Hro jamais presents, (juand nous nous |)rcsentt)n8, it de se tiepartir, envers nous, de la politesse rcspeelueuse quo nous reconiniandons si sevOrcnient a nos pecheurs envcra les otficiers de la marine Angiaise. Quoiqu'il en soit, ayant entcntlu tlire, ti Hrig Bay, que vous dcvicz veiiir dans ce havre le Venilreiii, I!) .luillet, j'ai attenilu voire arrivee jnscpi'au 20 de ce niois, nic re^crvaiit d'avoir recours a votre autoril»3 pour faire droit a la juste reclamation de nos ptVheurs dans cette circoiistancc. C'cst en ne vous voyant pas parniire el pre^st!- par le temps que j'ai dii a'.;ir nioi-ineinc )>our t'uire dis|)araitre rol)staele (pii gene ct einpeehe meme les pi'cheurs Frant/ais de se livrer a leur travail. I.cs casiers ont ^tt^ rclevcs, a\ee le plus ;;iand menagenicnl, sons la surveillance ties ofliciers du " Drac," et remis h tcne, avec le poisst)n qu'ils conlenaient, entre les mains de ieurs {jroprit-taires on des employijs de la factory Shearer. Je vous pric de vouloir bien faire le neeessuiru pour tpi'ils ne «oicnt pas remis en place siir ee lieu de pfichc attribut; li la pCcherie Franvaise de IJrig Bay. J'ai, &e. (Sign^) A. RECULOUX. il (Translation.) Sir, iS^ Margaret's liaii, Juhj 20, lS90. IN order to diminish the causes of ii conllict between the Freneli ct)ming to NuwfountUantl to oxereist< their fishery rights etmcoded by a Treaty which bears tht: sigmituro of His Jiritannic Majesty, antl the JJritish subjects wlio, against the spirit of this Treaty, establish tbeniselves un this coast, carrying on illegal fishing operations by impeding our countrymen and causing them a serious liinilraiiee, tmr two naval Comnuindci's have agreed to a kind of woiliis rivendi peiitling a definite scttlenitMit of the (piestions sul)mittc(l tt» t)ur (loverninents. With this view, a line of tloniarcatitju was tlrawii in St. Alargarct's Bay to tlividu the lishcries of the two nations, starting frt)m the extreme point of Dog Island, and running to the east pt)int t)f St)iith fast Cove. The (ishcrmen of the English factories t)f Mv. Shearer antl Mr. Clietwyntl, established in these watin-s, coiilil set I heir lobster traps t'ast of this lint;. Tht; western part of the bay was exclusively reservetl for the use of the J''reneli lishernicn establishctl at Brig Buy. On the occasion of his last visit to this ooa.>'t, the French Ctmimodorc imtilictl this temporary arrangement to Mr. Sbenrei', antl told him tt) remove such of Lis traps as were sot outside the limits of the iishiug grounds ussigued to him. 294 When T arrived in St. Jfarifarot's Bay I t.h..U';;ht 1 sliniild liiid everything in order, and that I shoidd receive no eonipfaints from our fishermen. In this I was mueii disappointed. Oil visitinu; '.V part of the hay reserved t'<>r *he use of the Freneh fishermen of IJrii; May 1 received tlie eumphiint, hut too well founded, of Captain IMiilippe, wlio is at tiie iiend of lliat estahlishnuMit. A eonsiderahle nuniher of h)hster traps oceupy these lisliinij; grounds. Our lisiiermen set as luanv of theirs as tliev could, l)ut lliose of ^Ir. Sluarer's i'aetory arc iniieh more numerous. Their close proximity is a 1,'reat hindrance to our lishermcn, and leads to a kind of disorder which may end in deploralde collisions. Ln these eireumstaiiecs, and in the ahseiu'e of all English cruizers, 1 wrote to Mr, Shearer askintr iiim to remove his tmps, and warning him that if they were not raised within twenty-fonr hours 1 should he c(mii)elled to have them raised myself. Jkloreover, I proeecMled to Urig Hay aiul called at the English factory, where, in poUtc and courteous terms, I asked to sec Mr. Shean r. 1 \\ as received with a remarkahlc want of attention hy the factory people, who told nu? that hoth Mr. Slu'arer and his agent were ahsent. ^ly long experience of the Newfoundland coast has enabled me to observe that the managers of these estaMishments are in the habit of never being present when we arrive, and to neglect towards us that respectful courtesy which we so strongly recommend our fislu'rmen to adopt towards the olTicers of the Jh'itish navy. However that may he, having lieard at Urig Bay that you were expected to arrive in this harbour on Friday, the IDIli July, I w.iited for your coming till the 20th of this month, thinkini' that I would have recourse to vour authoritv in order to meet the well-rounded complaints of our fishermen in this matter. It was only on not seehig ycm arrive, and hwause pressed for time, that, I was obliged to take action myself in order to remove the obstacle which binders the French, aiul even i»revents them from pursuing their industry. Tlie traps were raised with tlie greatest care under the sujiervision of the officers of the " Drac," and, together with the fish contained in them, placed on shore and handed over to their owners, or to the employ«''S of ^Ir. Shearer's factory. I would re(]uest that you will kindly tiikc the necessary steps to insure that tliey are not reset uu this spot, which is assigned to the French fishery of Brig Bay. I have, &c. (Signed) A. RECULOUX. Inclosure 10 in No. loo. Ctipldin RfCiiloux to Mr. Sheitrer. (Translation ) Sir. St. Manjaret'x Hay, July 18, 1889. TlIK French Commodore informed you on lie 11th July thut you should remove yoni li)l)sttr-inips fioin Soutii Cove uiul ISoiith-Eiist Cove of St. Margaret's, where these i:;:;iiies intcrlirud witii the Kruneli rishermen. I have just useerlaincd that all the: Mir toule uia Coiicessioe, n.iiis principalcment dans toute lu Haie Sainte-Marguerite, ou j'ai dnn/.i' pccheuis etahiis. Cellc bale est completeinent au pouvoir des peeheurs Anglais, <|ui occupent les njcilleurc-. places et y out immerge e::virou M,000 cusicrs ; cc qui cause les plus Sir. 'I;' >rything m this I was sliermon of ppo, who is unds. Our factory arc r llshonncn, , 1 wrote to it-y were not I inysclf. ly, where, in pic, who told observe that cnt when we so strongly r cted to arrive 20th of this to meet the 10, thai; I was 1 hinders the of the officers on shore and sure that they ;l?ay. JCULOUX. /// 18, 1889. ilioultl remove ,, wliere these 1 inform you (1 ciilorcc tlic leded to us by do so within 205 grands doinmnges a mn pt^tlie et (h'tniirci dans tics pcu de temps la riclicsse de la dite Imic. J'ai t'te t'ftiie dans moii exploitation di-s !e ddbut de In pci'lie ; inais aiijoiird'liui plus (jue jamais, au.;m<'ntant le noinbic do mcs casitrs journellcnicnt, je me troiive dans I'impossibilit^ de Ics placer sur do bons fends, ccux-ci itant occupes par Ics pcclifurs Anglais Tons mes pfi.hcurs do la Baie Sainte-Marsnerite se plaigncnt du voisinuye des p^cheurs Anglais qui nuisent consid^rablemiiit ii leur ]H'clie, ne pouvant placer leiirs casiers oii bon Icnr semblc, la baie ctant cnvabie pnr lc> casiors Anglais. Hans de pareilles eonditions, M. le Commandant, jo ne pour: li fairc qu'une tri^s mediocre peelie, lorsque j'eus pu faire d'excellentcs affaires si j'eiis ete libre dans mon exploitation. .I'appelle done tr^s respeclucuseii.cnt mais tr^s fcrniemcnt, M. le Conmiandant, votre bienveillante attention sur la situation qui m'est faite dans mes operations de p^cbe au uijet du tort coiis-iderable que me font Ics peciieurs Anglais, et vous prie d'intervenir de tout voire pouvoir en eloif^nant au plus tftt tous ees pMieurs Anijlais de ma Concession, (.11 j'ai seul le dmit de libre exercice de peche. Kh terminaut, j'ai I'lionneurde vous faire rcmarqucr que j'ai encore plusieurs pecbrurs ii dtablir dans Sainte-Margueiite ain>-i cpie des easieis ii y placi r aussi'ot (juc vous auie/. cu i'obligeance de me faire evacuer les places cpii me sont neccssaires. Recevez, &c. (Signe) F. PHILIPPE. (Translation.) Sir, Brl(j Bay, July 18, 1889. I ilUST oiice more most formally protest against the British fishermen on my concession, hut especially in the whole of St. Margaret's Bay, where twelve of my fishermen are established. This bav is completely in the hands of the Engli.sh fishermen who oceujiy the best places, and hav*' moored there about ;},()()() lobster titips, which cause the greatest damasc to mv fishery, and will in a short time destroy the fish supply of the tiid bay. 1 have been impeded in my operations from the beginning of the fishery ; but now, dailv increasing the number of my trajjs, I find it more than ever impossible to .set them on the good s|H)ts, these being occupied by the English fisiiermen. All mv men of St. Margaret's Bay complain of the i)roximity of tlie English fishermen, who d() considerable harm to their lishing. They cannot set their traps where thev would like, because the bay is (tveirun by the English traps. In these circumstances. Sir, 1 can do but little fishing, whilst I could have made a good business if I had been free in my operations. I therefore respectfully, but firmly, call your kind attention to the state of my fishin" oiierations. and to the considerable harm done to me by the English fishermen, and T ask vou to interfere witli all your authority, in order to remove as soon as possible all these Knijlish fishermen from my concession, M'hcre I alone have the free right to fisb. In conclusion, I have the honour to observe that I have several more fishermen to establish at St. Margaret's, .-.s well i.s traps to set there, as soon as you will have had the goodn(>ss to have the spots cleared which I require. I have, &c. (Signed) E. rillLIPi'E. ,, M Ii r \ - . I • I KCLLOUX. Indosuic 12 in No. 155. MUei, 1889. omards Anglais nte-Marguerite, li occupent les cause les plus Commamhr liussell to Captain Reculoux. Si,.^ " Lily," (If Cfood Hay, St. John Island, July 21, 1889. I HAVE the honour to acknowledge the receipt of your letter of this day's date. •_'. I rcret that you were not correctly informed at the liritisli factory of my probable position at the time of your visit, as I left particular directions with the munai^cr on the subject. . , 1 3. I sti'l more regret that you should have been received there with any want of courtesy, and I shall remonstraie on tlis subject, and insist tluU the I'rench otiicers are to be received with all the attention due to them. i V ; i: '• I) ■■» (^ >'i 290 4. With reference to the division of St. Margaret's Bay between our respective fellow-countrymen, I have the honour to inform you that my last letter from Sir Baldwin Walker did not contain any instructions on that subject. 5. This letter was dated at St. John's on the 5th July. G. I am daily expecting his arrival at Port Saunders, when I shall immediately refer your letter, together with tiiat of the Capitaine Prud'homme Philippe which is inclosed, to him. 7. In the meantime, it becomes my duty to remonstrate most strongly against any ii.terfereiice witli the propeity of Briti.sh subjects, except by Her Majesty's ships or by other British authority. 8. I shall proceed to St. Margaret's Bay to-day and inform the British fishermen that tliey are at liberty to pursue tlieir industry as usual until they receive contrary orders from one of Her Majesty's ships. I llBVC &C (Signed) ' g'. W. RUSSELL. Inclosure 13 in No. 1. ').">. ; > Captniii Reculotir to Commander Rii.ospIL (Tmnslation.) Sir, Harbour of SI. John Island, Juhj 21, 1889. T HAVE the honour t(» acknowledge the receipt i)f your letter of this day, replying to the complaii t which I addressed to you relative to the occupation by the traps of Mr. Shearer of die fisliing ground reserved to the French fishermen of the factory nt Brig Bay, in St. Margaret's Bay. In my letter I bad the honour to tell you that I had not raised the traps of Mr. Shearer till af>er I had assured myself that there was no cruizer of Her Britannic Majesty in my neighl)ourbood. 1 have always acted thus during the six years which I have passed on the coast of Newfoundland, and I have never received any remonstrance ("observation") from the English Naval Division. I also re(|iiest that, while awaiting the return of the Knglish Commodore, Mr. Shearer do not replace bis traps in the place which tlicy occupied, and which is that intended for the fislieinien of Brig Bay. Tills division exists alieady at Port Saunders, and at Castors Cove ; ii is therefore n (ire than piobable that it also exists at St. Margi>rct's Bay, as weil in the mind of Comir.Gdorj Walker as in tlial of Cuw.tiiodore Marcchal. I am, &c. (Signed) A. RIXULOUX. Inclosure 14 in No. ir»5. Commander Rumsell to Mr. Shearer. fi '1'' ' ^ 1 . h sir, " Lily" at Brig Bay, July 21, 1880. WITH refirenee to the letter which you reciiveil from Captain Rcculoux, of the '• Drae," I lug to inform y«»u that I have been in correspondence with that officer on the subject. 2. I have infoinied bmi that 1 shall authorize the traps of your factory being set as buetofore in South and South-Kast Coves, St. Margaret's Bay, pending furti er instructions IVoni my .'"enitir Oflicer, who is expected daily on this part of the toast. ."i. You are to caution \our men to behave with prudence in their dealings with the French fishernien, and that their trawls are on no account to he crossed or otherwise interfered with. 1 have, &c. (Signed) G. W. RUSSELL. Sir, 297 liiclosurc 15 in No, 155. Vommamter Russell to Captain Sir B. Walker. Sir, " Lily," at St. Margaret's Bay, Auijust 4, 1889. WITH rcleicnct' to tho injury sustuincd by the lobster-traps of the British factory at Brig Bay, whicii wlmc raised by the boats of tiie French cruizer " Drac," I have tlic honour to iDforni you tiiat these traps were raised on Saturday, tiie 2()th July, a work, which I ant inforn\cd, occupied tlic French boats from an early liour till late in the evening. 2. On my passing St. Mar^^urcl's Bay on the afternoon of Sunday, the 21st, there was a fresh breeze blowing from the north-east, with sonic sea, and on that account, and for the reason that the weather was thick and the holding ground in the bay indifferent, I anchored for the night in Brig Hay. 3. On visiting St. Margaret's Bay next morning, the '22nd July, the traps were still lying where they had been placed by the French boats' crews. 4. In most cases they had been placed below high-water mark, and at the time of my visit many were '• awash,'' and some even covered by the stu. They had been much thrown about by the sea which was driven into the bay the preceding evening, with the result that most had son)e of the lathes broken, and many were so injured in the hows aud sills as not to be worth repairing. .'). The trawls of the following five men were interfered with as follows : — Nunie. Number (1" Traps. Number raised. Killlcks inissiiig. licmarks. Chnii. Ilartliiif; Jos. Ilnrtlins .. L«on(1. Hurtling Sam. Ilnrtling, . Jno. Clifford .. 160 150 150 110 160 \M\ 160 1 W-i 150 ! 72 1 R (i H 1 3 Trawls mul snoods rut. Trawls ami snoods uninjm-od. Trawls aud snoods cut. Trawls and snood uninjured. One trawl complete lost, others cut. (i. About seventy traps I believe are not repairable. I have, &c. (Signed) G. W. RUSSELL. i/' Inclusure l(i in No. 155. Commander Russell to Captain Hir li. Walke- S,,., " Lily," at Si. .Mil's, August 10, 1889. WITH reference to your Memorandum of this day's date, I have the honour to inform you that, in addition to the traps (seventy in number) belonging to the fishermen in Reefs Harbour, St. Margaret's Hay. which have already been reported as injured, I have since been informed that seventeen of those of the men in South-East (Godfrey's) Cove were found to be not repairable, making a total of about eighty-seven which arc unfit for future use. 2. The traps were raised by the boats ol the " Drac ' on Saturday, the 20th July, and I visited the bay on the morning of the 22nd July, when the traps were still lying where they had been placed by llie French seamen. ;{. I asked each iisherinan individually whether they had moved their traps, &c, between the time of their being raised and my first visit. 4. They assured me that they had not done so, and I feel perfectly confident that Ihev spoke ihu truth, as, had they been placed above high-water mark by the French, it would have been to tlieir own disadvantage to move them down to the position [260 J 8 Q Wit ■I :\ *t !i| ■ M I 308 where I saw them, as they were only anxious to get them ready ibr use again as boou as possible. '). Tn addition, it is contrary to all custom of this coast to do any work on the Sunday, and I myself saw two of the Reefs Harbour men ui Bri{; Hay on that day. 0. One of the fishermen. Charles Ilartliiiii, on his traps beim; raised, requested the French officer who was superinteiuling to have his traps moved above high-water mark, pointing out that, should the wind come round to the eastward, great damage would result to them. No attention was paid to tliis, and they were left where first placed. 7. As already reported, a frcsli north-east wind blew right into the bay on Sunday evening, and much damage was caused. 1 have, &c. (Signed) G. W. RUSSELL. No. 166. Colonial Office to Foreiyn Office. — (Receired October 30.) (A.) Sir, Downiiiy Street, October W, 188!>. WITH reference to the letter from this Depart iiicnt of the '28th May last, relating to the suggestion made by the Marquis of Salisbury that certain issues connected with the Newfoundland lobster fisheries question should be submitted to arbitration, I am directed by Lord Knutsford to transmit to you, to be laid before his Lordship, copies of a telegram and of a despatcii from the Governor of Newfoundland, giving the reply of his Government to the proposal made in Lord Knutsl'ord's despatch of tlie 28th March last,* to the effect that an endeavour might be made to come to an arrangement with the Government of France that the lobster factories of both countries should be allowed in places and under conditions jointly approved by the liritisb and French Naval Commanders* in-chief on the station. It will be seen from these papers that the Government of Newfoundland, or the reasons stated in ihe Minute of Council of the 24th June last, do not agree to the above proposal. It remains, therefore, for consideration whether the suggestion as to arbitration on certain ])oints connected with the Fisheries (|uestion should now be formally proceeded ^vith or not; and on this point Lord Knutsford desires me to offer the following observations : — Taking into consideration the circumstance that tiie lishery season is now over, and that, so far as Her Majesty's Government are aware, no very grave dilKculties between the fishermen of the two countries have arisen on tiie coasts o( the Colony, and looking to the fact that a general election is now proceeding in Newfoundland, Lord Knutstbrd is disposed to think that it may be advisable to postpone, tor tiie j)resent, making any formal proposal to the French Government on tiie sul)joct ot" arbitration until after Her Majesty's Govermnent shall havo had an opportunity of discussinp tiie Fishery (picstion with the Premier of the Colonial Government which may be in power after the general election. Should Lord Salisbury concur in this view Lord Knutsford will, at the proper time, invite the Premier of the Colonial Government to visit this country to discuss the pending questions with his Lordship. I am, &c. (Signed) .lOHN BRAMSTON. .,! ! ; M- • No. 183. 1 as Booa as the Sunday, quested the high-wfttcr eat dainngo where first r on Sunday USSELL. 209 Inclosuro 1 in No, 150. I.nrrl Kniitsford to Governor Sir T. O'Brien. (Telectmpliic.) Downing Street, June 18, 1889. ITER ^rajcsty's (lOviMinnont nnxious for reply to proposals contained in my despatch 2^tli .Muvdi, arianji;cniont respecting laetorics witli French Government suhject to conditions a))j)rovcd hy naval olHceiM. Inclosure 2 in No. 150. Governor Sir T. O'Brien to Lord Knutsfont. ■ i\0, 188<.>. last, relating nnected with ration, I am hip, copies of tlie reply of ^ 28th March lent with the )c allowed in Commanders- [Uand, or the to the above to arbitration dly proceeded the following low over, and dties between , and looking •rd Knutsford t, making any ntil after Her lury (picstion r the general proper time, iS the pending (Tebgraphic.) Newfoundhnul, June 19, 1889. NOTWITHSTANDING used utmost endeavours, Local (Jovirninent, in viuw of Address hy Assembly forwarded by last mail, could iijt a(ce|)t proposal contained in despatch 2Stli March. Letter follows to explain by first mail. Fnelosure t^ in No. 150. Governor Sir T, O'Brien to Lord Knutsford. Government House, St. John's, Newfoundland, (Extract.) .Tune 20, 1889. ON receipt of your Lordship's dcs|)atcbes of the 28lii March last, 1 lost no time in bringing tlio cpiestion ol lobster factories before my Government, and was in ho|)i's tbat Mr. Shearer might be induced to change the position of his establishment, and thus remove one of tiic causes of complaint on the part of tlie French; unfortunately, it would appear that, though the Government sees no objection to bis factory being rcn ovcii elsewhere, the Attorney-General is of opinion that such removal could not be cntbrced by us, though it might be by one of Her .NIajesty's vessels, uiid it was my intention to confer with Sir Baldwin Walker on tliis sul)joct on the arrival of Her Majesty's ship " Emerald," expected in a few days. 2. On receipt yesterday of your Lordship's telegram I, however, immediately took steps to submit your Lordsliip's (|iierics to my .Ministers, and at the dose of the sitting forwarded to your l.ordsliip a message, embodying the views of the K-xecutive Council, as set forth in the following draft by the Attorney-General:— "My Government, in view of joint Address of both branches of Legislature, lately forwarded, cannot accept arrangement suirgested in despatch of the 28th Slareli. '.cttcr will follow by mail on this subject." 4 ■I ■ , AMSTON. r269] 2 Q 2 w! "I i , ' . ' , ' '' 1 1 M 1 i; 1 li i^ ' ' ■!{ I „ ■ ■ i 30U No. 167. Colonial Office to Foreign Office. — {Received October 30.) (B.) Sir, Downinf) Sirrel, Oviohrr MO, 1S80. WITH reference to my letter (A) of even date, lierewitli, inclosing ii tc'U'}j;ram and despatch from tiie (Jovernor of Newfoundlund relating to tlie Newfoimdland Lobster Fishery question, whicii is in dispute httween the British and Krciicli Governments, I am directed l)y Lord Kniilsford to transmit to you, to he h»id before tlie Mar(|uis of Salisbury, a copy of a despatch from the Governor of Newfoundland, inehisiu}; a joint Address to the Queen from the Legislative Council and Asscndjjy of Newfoundland relating to this subject. It will he observed that this Address, after alluding to the case of the removal last year of Messrs. Andrews and Mur|)hy's lobster factory at White Hay, and referring to various clauses of tho Treaties and engagements between this country and France bearing upon the rigiits given to Frencii fishermen, procicds as followa : — " Having regard to all the facts referred to, and the necessary deductions resulting therefrom, we are led to the ex|)ressiou of opinion that in this matter, that is to say, in the assertion and protection of the rigiits of your Majesty's subjects in Newfoundland, as against the aggressive and unwarranted claims of French sul)jects, and for the avoidance of discord, tumult, and disturbance bctwcv.'n the subjects of the two Great Powers, it is necessary that some firm and vigorous action should be taken by the Colony, with the countenance, co-operation, and active assistance of your Majesty's Government. " We humbly submit that such action should have special reference to the following points : — "1. To the protection of British fishermen in the prosecution of their lawful avoca- tions as regards the lobster fishery. " 2. To the resistance to the claims of the French, now first asserted, in respect ol this new industry. " 3. To the removal of all lobster factories, or buildinijs in connection with the lobster fishery, erected by French subjects upon Newfoundland territory. "-I. To the assertion and protection of the right of British subjects to the user of British territory in Newfoundland for agricultural, lumbering, or mining purposes, without the interruption, molestation, or interference of the French under any pretended Treaty claims." Lord Knutsford would propose to answer this Address by informing the Council and Assembly, with regard to point l,that the instructions given to the naval olficers are framed with the view of the proper protection of British fisherujen in the prosecution of their lawful fishery, but that the (juestion whether the establislnncnt of lobster factories on shore is consistent with the engagements with France is now the subject of discussion between the two countries, aiid no further instructions can at present be given on this subject; that the Council and Assembly are aware that tlie British Declaration of \1^^ declares that, i?i order that the fishernaen of the two nations may not give cause for daily (juurrels. His Britannic Majesty will take the most positive measures for preventing his subjects from interrupting in any manner, by their com- [)ctition, the fishery of the French during the temporary exercise of it which is granted to them upon the coasts of tlie Island of NewfouiM'land, and he will, for this purpose, cause the fixed settlements which shall be foinied there to be removed. It is evident, therefore, that the fishery of Jiritisli fishermen, whether lobster or otherwise, must bo carried on subject to the above restriction as to the non-interruption of the French fishery. With respect to points 2 and 3, the correspondence which has been transmitted to you shows that the pretensions of the French in regard to the lobster fishery and the erection of lobster factories on shore are disputed by Her Majesty's Government, who, however, trust that some understanding may be arrived at with the French Government between the jireaent time and the opening of the next year's fishery season. Her M.ajesty's (iovernmeiit altogetlur deprecate any action such as is suggested i\'hilst the matter is still the subject of (iiplomatic ncgotiiition. Witli reference to point 4, Her Majesty's (Jovernment can only return an answer simi'ar to that given to a recent Memorial from the inhabitants of the west coast of Ne-vfoundland which was transmitted in the Governor's (les|)atch of the 10th March last. 301 0. 1880. I'i^iiim and 1(1 Lobster cuts, I am Salisljury, Address to ling to this emoval last reierring to iiuc bearing ms resulting is to say, in oundland, as he avoidance Powers, it is )ny, with the t. the following Those nicniorialisls, amongst other things, requested ficc access to tlie const for the puriJoBc of mining, ship-buihiing, and nil other operations, and giants of land unhampered by certain conditions which were tiiere referred to. The rci)ly j^ivcn to the niemoriahsts as to free access to the coast for mining o|)erations was to the effect tliat this matter Wiis to a great extent dealt with in the Arrangement of 188.'), wiiich, much to tlio regret of Her Majesty's Government, was rejected by tlie Newfoundland Legislature; tbat until some fresh arrangement should hnve been made with the French in the matter of tlie fisheries sucli free access, as is desired for the purposes mentioned, could not be given by Her Majesty's Government; and with respect to the question of the issue of giants of bind unhampered by the conditions subjecting such grants to n reservation in favour of Frencli rights, the memorialists were informed that Her Majesty's Government regretted tbat they were unable, in the present position of ti.e Fishery (lucstion, to meet the wishes of the memorialists. The memorialists were, hi wevir, assured that any favonnible opportunity wliich might present itself for arrivinj; at a settlement willi the Government of France of the general (piestion of the fisheries would not be lU'gUctcd by Her Majes-ty's Government. Lord Knutsford would be glad to be informed whether Lord Salisbury concurs in this reply. I am, &c. (Signed) JOHN BRAMSTON. Tnelosiirc 1 in No. 157. lawful avoca- in respect ol th the lobster ) the user of loses, without ended Treaty the Council 1 naval officers ic prosecution lit of lobster Iv the subject lit present be the British nations may most positive W their com- [ich is granted tliis purpose. It is evident, /ise, must be if the French transmitted to shery and the .'rnuient, who, Government IS su ggested |irn an answer J west coast of Ith March last. Governor Sir T. O'Brien to Lord Kniilsford, Government House, St. ./o/u/V, Nevfoundhmd, My Lord, J(uu' 1, 1881). I HAVK the honour to inclose six printed co|)ies ol an Adduss which has been I iisscd by both branches of the Legislature ot tills Colony, appealing against the action of the French in tlie exLicise of jjrivilegcs conceded to IIhmm by Treaty, which 1 have been requested to forward to your Lordship to lay before iler Maji^ty the Queen. 2. [ send the original in nianusciipl as well as the printed cojiics at once, as they are alluded to in my closing Speech to I'ailiament, and regret tbat owint; to the delay in engrossing the parchment copy it cannot be I'oiwarded by this opportunity, but wi'l, however, be sent by next mail. I have, &c. (Signed) T. O'liHIKN. Inelsurc 2 in No. ir)7. Address. To the Queen's Most Excellent Majesty. Most Giacious Sovereign, WK, your Miije.y French subjects upon Newfoundland territory. 4. To the assertion and protection of the rights of British subjects to tiic user of British territory in Newfoundland for agricultural, hnnbering, or miniiiy; purposes without the interruption, molestation, or interference of the French under any preteiuied Treaty claims. For the causes herein set forth, and with the grievances liercin complained of, wv, your Majesty's dutiful and loyal subjects, do therefore approach your Majc>ty with the humble prayer that your Majesty will be pleased to take (he same into gracious and favourable consideration ; that your Majesty will cause the same to he hi'ou.rht to the notice and consideration of your .Majesty's Ministers; that your Maji'Sty will graciously cause such action to be taken as sliall lead to the removal of all lobster factories, or establishments or buildings connected with the lobster industry, creeled by the French upon the territory of Newfoundland, and to tlie prevention of any such erections in future ; and that your Majesty will be graciously jiieascd to cause it to he an instruction to the Commanders and ollicers of your Majesty's ships ciiga"<(l in the protection of the fisheries upon the coast of Ncwfouudliind, that they shall l)o aiding and assisting your Majesty's subjects in this island in the prevention of interleieiiee hv the French with the prosecution of any lawful industries enterprised by 15rlti>ii suhjeets in Newfoundland. Deign to accept, most gracious Sovereign, our profoundest expressions of loyalty aid affection. Passed the House of Assembly, June I, 18n'.(. (Signed) ALEX. J. W. McNElLY, Si>eakvr. Passed the Legislative Council, June 1, 1889. (Signed) E. D. SHEA, Prenidenl. No. 158. Foreign Office to Colonial Office, Sir, Foreign Office, A'ovemher i, 1889. I .AM directed hy the Marquis of Salisbury to acknowledge the receipt of yotir letter (B) of the 3()th ultimo, inch)sing a copy of a joint Address to flie Queen from the Legislative Couucil and Assembly of Newfouudlaud relating to the Lobster Fishery I I < ,f in! au4 (|iirsti(iii, iiiid I .-nil ((» ic(|iit>st yon to state to SciTi'tary l-«inl Iviiutsl'onI that, Ijord Salisltiiiy cniicurs in the terms of tlie reply wliich his LoriUliip propuses to return to this eoiuinuiiii'iitiDii. I ail), iSce. (HiKiied) T. 11. SANUIiUWON. Tlif Manpiis i>/ Suli/ilmri/ to lliv Earl of Lyiton. My l,(pi(l, h'orvlijii O/five, Soitemhi-r 4, |HS5). WlTJl ntereiiee to my (hspatcii ot'tlio 2ii(i Septeiuhcr, I tiimsmit to your MxcelkMicy hiieuilh ('(i|)ii's (if eorrt's|i(>ii(k'iic(' whieh hu^ passed hetwceii (Japtaiii Sir Baldwin \Vnllion or justilieatiun for such action on the part of n French otticer. The removal was ertceted not on aeeomit of any ohslruetion to French lishiim-nets, hut simply in order to make way for I'Veneh lobster-traps, which, as your I'iXcellciicy is aware, arc not eoiisidereil i)y Her Majesty's (Jovernment us coming within the intention of the Treaties. Further, when raised hy tiie "Drae's" boats, these traps were placed on the shore below liiuh-wiitei' mark, in eonse(|nenec ol which mniiy of tliem were injured or destroyed. Your I'^xeelleney wi!! observi; that this case is a repetition, though in an U!;}iravatcd form, of the incident which lornied the sul>jeet of Mr. Klliol's note to the French (Jovern- nieiit, a copy of which was turwurdcd to tliis OtKce in that gentleman's despatch of the 13th Septcii'iber. I have to re(|uest your Kxcelleiicy to call the attention of the French (jovernmcnt to the m.tter, and to point out to tliem that such action on the part of their naval otlieers — whieh is clearly in excess ol their les^al rights — may too probably, if i)crsisted in, produce complicatiuus which it has been the earnest cflort of both Governments to avoid; and you will, at the same time, intimate that Her Majesty's Government will feel compelled to |M'escnt a cinim for eompensation on account of the injury to the lobster-traps in (piestion as soon as the lull particulars of the loss suiFered by British subjects has been ascertained. 1 am, &c. (Signed) SALISBURY. d'e No. UiO. M. ,lnx.svi(tii(l Iti llip Miinjiii.s of Siitisliuri/. — {Rririved Norcinbrr a C'oiniiiandaiits dt s deux statii Mr. Elliot a exposes, niais il Kcpresciilant de Sa Majcstc la f,oii(ln-s, II- 5 Noifiiibn; 1880. Sa Majeste Britaimi*>^'.). ir Kxct'Uciicy Iwin WnlUcr, tlic const ot viso " Drac," \ llri^ IJay.* jceii icindVfd coiisunui'iitly 'riiu vemoviil )ut siiiip'y '" is iwvare, arc tntioii of the \ on the sliorc or {Icstroytil. an uL;}jravatc(l 'ivnch (.Jovcm- lespatch ot the A\ (iovirmncnt of their naval ,\y, if persisted Jovenunents to ■nmcnl will feel lie lobsUT-trups ibjecls has been ALlSliUllY. [hi comiiuiniiiuor [tioiis auxqueUcs lasiers i\ homards ](lic (I'un orticier J-livtions niii u'ont It do Suint-.Jauies li-, a cc titrc, au lU;^ rapports con- fclian'^oe par Ics Imlc (its I'aits (pie 1)1, tMioiicec par le l/occupatioit (In la bale (Ju i'ort launders pur iino p^'chcrie u hoiuirdsi An^laiao ronstitue en rffet, non plus Heulcinent xnr la cAte, i\ terrc, ninis jusipic duiiH Ics cuux uii nous uvons le droit dunuiiant de peelier, uno irr)!';;ularit('' ct ni^tne, Ri-lon les vucs (|tio niun Gouverncnient n'a cessd dr ninintenir, line illegality (|u'il lui est imtmssiblo du reeonimltre. AinRJ (pio cettc AmbasMide I'a niuinteit fuis iiidi(|Ue, ct ainm (|u il lesulte du texte dcH TruiteH, Ics Frnn^uis uiit le droit do pcV-lur a tout iiionient do la saison, un tout point do lu cAte (|ui ieur est attribuee par les arrani^cnieiits interiwilioiiauN, d'une fa(;oti perma- nente on d'unc H en avoir doiiii(^ avis, on sans av((ir pris cette prmiution. J^tant doiiiurs ccs coiuiitioiis, athiieltre i|uc le Sienr Siitarer, ou tout autre industricl I'tran^'cr, pounn s'attribucr uiic part pcrHoiiiU'lle dans le dotiiaiiie alfectc i\ nutrc exploitation, part tpi'il poiirra t'lendrt; a sa <;uisc-, sons la protection dus croiseurs do lu (iiinule-ltrela^jiie ct dont. I'acees sera iiilcrdit a iios naviivs, adiiiettre uue pareille lueidli; e(piivandrait a icnoiuer .lUX uvantay;cs (pie Us Traites nous assurent le plus expresseiiient, et reioniiailie (pie nos droits privili'i»ics de pi'clie s'appiiiiueiit seuletncut aux parties laisse'es libres par Ics dits indusliiels. Cc sont CL'S considerations ipii out enipC'clai Tanne't! derniere le Coinuiandaiit Ilutnunn d'adlu'rcr a la di-liinitatioii (pie ie Cuuitnandant llanuiiid avail traeeo d'olliee do lu piV'iicric Shearer. Si, eelle uiiiiue, le C'omiiianiliint MariJcbal s'rst place sur le terrain de la dC'liiiiitation, ee nest point saiis rc'scrver rintejiralite de nos droits, ni parce (ju'il aurait reconnu la legitimite des pi'clieries Aiiujlaiscs, c'est uni«iueinent jmree (pi'il I'allait avant tout, ct tout en r('ser\iiiit Ks (pustions de droit, pourvoir au besoin acluel et pressant du inuintieii de la paix eiitre les pilclieurs. Cetait un aete jjracieux et personnel, »pii ne coinportait iiulleueiit radniis.iion des prt-tentions de Mr. Sluarer. Le Couiniandaiit de la Station l'Vani;aise pciisait (pio cet acte, dieti'' par le sentiment d'un interel eoininun ct iniinediat, lecevrail un uceueil renondant an motif (jui lavait inspire. Mais il sVst trouv(5 au eontraiiv (pie ee modus riveiidi, adniis provisoireiiient, n'a jjIus sufii aux explollants dt-s lieux de pulie en (picstion ; ils ont airi en fait eoiinne si le droit do nos p(cheurs n'exiNtait pas (itvant le leuv, et (|u'ils eusseiit toute libert(3 delendre lours operations sins autre liiuile (pie Ieur inter(!t. lis out, en conseipieiice, rei)aiidu ii Fort Saunders leurs casiers ii lioin.irds bleu au dcla dc la ligne de separation. I.e Conunandant du " Hisson " a eru de son devoir d'arreter cet envaliisscmcnt ct d'enjoiiuire h I'cxpioitaiit James Rliyn de rentrer du moiiis dans les limites IriKres par la Division Navale Anjilaise. L'iiil(5iesse se sonmit iie de 1888. il le pouvait d'aiitant nioiiis (|ue, uiiisi (ju'il I'expliipie dans sa lettre au Commandant de " I'Kiiieiiild," il attendait a cliaque instant Ic letour de nos g;cns dans ces paia<{es, a la reeiierelR du poisson. Si un batiment Anglais ei'it eli* sur les lieux, il lui aurait a.ssuriiment le'clame I'exeeulion dont il a du se charger lui-nt^me. Se trouvant scul, il devuit, duns {'appreciation de mun Gouverneiiient, agir aiiisi ({u'il I'a fait, sous peine dc rcconnaitrc aux exploitants actuels de ccs fonds Ic droit dc disposer en niuitres du " French Shore." Le Gouvernemcnt dc lu Republi()ue espere (ju'aprtis avoir pris connaissancc des motifs (]ui ont dict(3 la conduile du Commandant Antoine, le Cabinet de I<(mdres voudra bien se ranger h I'avis (|ue jc viens d'indi(iucr. Le Gouvernemcnt de Sa Majeste la Keine no vuudru, (railleurs, pas oublier (|ue cettc intervention n'cst point un fait insolite ni ilouvcau. I^ Station Navale Fran(;aise a toujours, en I'absenee des croiseurs Anglais, assur^ elle-inCme le redres^enienl des contraventions coinmises pur les p(>chcurs loean.Y. Ce ri5giine a (5te acceptc sans jamais donner lieu u des ditticultds, et il devait I'^tre, car les circonstnnces I'imposcnt; et pnmdie un parti eontiaire leviendrait a dire que Ics Trait^s sont valablement intcrpi(''t(!'s par n'importc (piel piJcheur ou indusiriel du pays, sans (jue les otticiers de la Station Fraiu/aise pussent pri^'venir en aucune nianiere, alois im^ino qti'ils se trouveraient sculs pr(!'sents pour le fiiire, la misc en prati(pic des interpretations les plus certainement illcgalcs. En soninettant, eonform^ment aux instructions que j'ai re(;ues, ces observations h I'attention dc Voire Seigneurie, jo crois devoir L'assurer (jue le Gouverncnient Fraiupais ne voit pus avec moins de plaisir que le Gouvernemcnt de lu Reinc le mainticn des relations les plus parfaitcs entre les officicrs des deux stations navales et n'en desire pus avec moins d'ardeiir lu continuation. Vcuilicz, &c. (Sign6) JUSSERAND. [269] . 2 R 1 " M Iti 1 nm'< !,l » , 1 h ' ■ i (TrnnHliitinn.) My Lonl, London, Sovemhrr fl, 1HH<>. IlKIl HrltnnnicMnjcsly'H ('lmri,'»^(l'Afl'nir<'M in Paris cnrnmiinionttMl In tlio Onvorn- mcnt of tlic Itopiiblic, on the IJJtli Scptcinltor lust, tln> «)l)si'i'vntionH wliich llor Miijwty'H OovcriiiiK'iit liad to ninkc on tin* raisin!; of iohsfor triipN Ix'lont^in^ to Hritiftli miiijtH'tfi, otV Ko|)pcl iHlmid on ilio l.'jtli June Inst, liy onij-r ol' an oin(!»'r of the I'Vi'm-li navnl miiiadroii. VViiiUt rt'cot^ni/ini; tlic cxcrilcnt relations wliich liavn always cxistctl bi'twfiMi tlic oHlciTs of tilt' two countries in Ncwt'onndianil, the Cabinet of St. .lames' considers that the imH-eedini; in (piestion is illeufal, and has for that reason called to it the attention of the Cahinct of Paris. The (lovcrnment of the Kepnblie, havina; on their part received reports on this incident and iH'inf; in possession of copies of the correspondence exclmn^ed hy the C«tnininiiders of the two naval sqnadrons, reeoifni/.e the perfect atuMiraey of the faets ns stated by Mr. Elliot, bnt are unable to draw fnnn them the conclusion sot forth by t^e IU'|iresentative of Her Majesty the Qncen. In fact, the occnpiitioii of the Hay of Port Samnlers by an i)n^lisll lobster factory IH, not oidy with regard to the jjround oecu])ied m\ shore, hut even with repard to the waters when' we have the ])n>doniinant rii^lit to tish, irre<;ular and, ncoordin^ to tli« views Mliicli my Ciovernment have never ci'iiscd t') uphold, illegal, and (rannot possibly he reco!»nizc(l by them. As this Enibassy has many tinn>s already pointed out, and as appears from the text of the Tr«'aties, tlie Preneh have the rij;ht tc) llsh at any moment in the season, on any part of the coast which is assigned to them by International Aj;rcements, to tlsli continuously or intermittently, fjivini; warning of their intention, or without warnin<;. This bciiii; so, to admit that Mr. Shearer, or any other foreign tmdor or manufacturer, can assicvn to himself n portion of the j,'rounds over which we have the ri£»ht of iishiii!;, a portion which ho might extend at his pleasure, under the protection of the British eruizers, and the access to which would bo closed to our ships — to admit such a right would bo to renounce the privileges which the Treaties expressly guarantee to us, and to admit that our rights of tishing ap[)ly only to such parts as nuiy be left free by the said traders or manufacturers. These are the considenitions •..hich last ye«r made it impossible for Commander Humann to agree to the delimitntion of .Mr. Shearer's fishery which was ofHcially made by Commander llamond. If, this year, Commander Mardchal adojjted the grounds of delimitation, it was not d(mo without his reserving the integrity of all our rights, nor was it done because he recognized the rights of the English factories ; it was done solely because it became necessary, above all, Avhilst reserving all questions of right, to meet the existing and pressing niKsd for the maintenance of peace between the fishermen. It was a gracious and personal act, wliicdi in no way implied the recognition of Mr. Shearer's claims. Tlio Commander of the I'rench Xaval Station believed that this act, diot.'ited by the idea of a common and imme' er lactory nnl to tlio [il1^ to Uio, )t |)()ssi1»ly n»t, and ns IV moment t'onmlional intention, her foreign over which sure, under [OSod to OUT the Ti-cfttioB nly to such Commander ns olhcially uloptod the y of all our liictories ; it J I questitm* laco between implied tho [ival Station erest, would But it lu» ►ted, did no ,ot, ns if the at liberty to li-ests. They [top to these W withdraw k submitted, [hem in their I not put up lioh it misht Icrs Riven by \i 1H88. He ander of the these waters jcrtainly have Itako himself. Is be did, else |g grounds to the motives London will Lot, moreover. •Of forget that this intervention is neitlier novel nor unuHunl. In tiio absence of Tlntjlish eruizerN, the Kreiieli Naval Sqiindron has nlwayH itself redresned the illegiU nelioiiH of the IhphI llslieniieii. Tliis NVNtem has l)een accepted without evi'r iiuving given rise to dillleulti(!«», and, iti fa«'t, it liad to bo accepted, for cireiinistaMees made it necessary. To reverse this sysieMi would imply that t\w Treaties are authoritatively interpreted by any llsiierinan or trader of the country, without tlio olllcers of tlio French Naval Station, evi'ii when alone present, Iwing nido to prevent the practical carrying out of nii>st certainly illegal iiitcrpretatious of tlie Treatie-*. In Hubinitliiit,' these ohscrvatioim iu acreordancc with the instructions which I liavc received, I must assiu-e your Lordshij) that tho French (Joveruincut sees with no less nh'asuro the maiutenance of the Ixtst rclatiojis between the olllccrs of tho two naval stations, and is no le."s desirous to seo thorn contiuue, I linvo, Sio. (Signed) .TUSSERANl). No. 101. The MaripiiK of i^alisbunj to the Earl of Iji/tton. My Lord, Forc'xfn Office, Norrmher l.'i, IHHJ). Til 10 i'Veneh Charge d'.VIVaires at this Court called at this Ulllco and slated that, according to the reports received by his (lovcrnnient, allhonu'h the authorities in Newfoundland Avore conscientiously endeavouring to enforce the provisions of tho Merchant Shipping Act as to tli(< marking ol" vessels, their ell'orts were not altogether successful. In the llrst place, Vi, Jussemnd remarked, the Act itself exempted certain classes and sizes of vessels from its provisions in this respect ; and, secondly, there was every inducement for the owners of vessels wliich were not so excujpt to evade registration, because registered V(>ssels were subject to duti<'s from which uiu'cgistcrcd vessels wore free. He added that what his (iovernmcnt considered necessary really to meet the re(iuiremcnts of the case was a new Kegulation that all vessels should have their names and numbers, or other marks of identitication, painted on their sails, as, if they were merely painted on boards, tlie board was likely to be thrown away, whereas a sail was too valuable to be sacrillccd in this way. ^L .Tusscrand was informed, in reply, that it was in contemplation to invite tho new Prime ^Minister of Newfoundland to come over to this country, after tho approaching elections in that Colony had been decided, in order to discuss tho whole question, and that this point might then he brougiit forward for consideration. I am, &cc. (Signed) SALISBURY. No. Ifi2. The Enrl of Lj/ltnn to the Marquis of Salisbury, -^{Heceived November 18.) My Lord, Paris, November 1(5, 1889. I IIAVK the honour to transmit herewith to your Lordship copy of a note in >vhich, in compliance with tlie instructions contained in your Lordship's despatch of the 4th instant, I have called the attention of the French Government to the action of the Cajjtnin of the Frencli aviso " Drac " in rcniovinjr certain lobjiter-traps on the Newfound- luiul coast in July last, and have prepared theai for the eventual presentation of a claim for compensation. 1 have, Hic. (Signed) LY'lTON. II 12091 2 R 2 308 Inclusure in No. 162. i f The Earl of Lylton to M. Spuller. M. le Miiiistrc, Parin, Noremher 10, 1889. IN a note dated tlie iStli September lost Her Majesty's Charge d'Atfniros liad the honour to l)rini; to your Kxecllency's knowledge the representation of the ('aptain of Her Majesty's sliip " Emerald " respecting tl>e interference by the Captain of the " 6is$>on " with Uriti^b lobstcr-caleliinj; on tiie shores of Ko])pel Island, on the New- founillund coast. 1 am now instructed to call your Excellency's attention to another case, reported by the same olHcer, of tiie removal of lobster-pots belone calculated to liring about compli- cations wliieh it has been the earnest eflort of both Governments to avoid. 1 have, &e. (Si-ned) LYTTON. No. 102 A. Colonial Office to Forelijn Office. — {Rrccired S'ocemher L'9.) Sir, J)oirninif Sired, Xoceiiihrr 22, ISSl). r AM direeled by Lord Knnlsl'ord to transmit to yu\i, to be laid bi'lore tho Mai(|iiis of Siiii^lmry, a transcript rd' the Act ])assed in .luiie last by the Leyislatiire of ^ie\^^(]lln(''•lnf the Report u])on it by the Attorney-tieni'r.'il ol' tli(> ( olony. The Act was assented to by tb(» (ioNcrnor with the other lei'lsiation ol' the year, and tbi'refore can now only be disalluwed by Her Majesty. I am to stall' that tlic (Jovernor lias b(>i>n recpiested, by teii gnipli, to send homo a lull Iteport upon tiie siibjeet of (his Act, tlu* reasons fiu" passing; it, iVe. 1 am, iV". (Signed) FDWAIM) WINC.FIEIiD. Cap. VT.- BE it Session ooi 1. No (1.) H of; or . (2.) L tation ; or (3.) Pi ( i.) Ti hauling on (5.) C. any herrinj CoIony^ or places then provided. 2. Lice (ii.) To (h.) To (e.) To fislieries ; ('/.) 'J'o (e.) To (/•) To hoard a sliip Oj.) To {/>.) To a ship or yes ('••) To board a ship other ship or •'I. No SI Council, and 4. The ( limit the ope district or pa sale or expor appear exped o. No li( first iiia(b> ai Sfipeadiiiry 3 l-erson to win it is inteiubv are intended t purposes; fji, llie lisjicry is 'i. Aj)pli< '•ra Customs •111 allld;ivit st; in till" lie»>nee ollicer to n'jxn make siieb ad or Ciistonis oil "f a l)eli(>f Ol •Ipfeatiiig, or a •"'••"e if shall 1 i*ueli licence ai !! 1889. had the iptain of of tlic he New- nnother o Ikitish Inch will lit of the d to Ilcr [)Uiul that iiliject, in li French tisliiTincn u' British wing to a le tiiunage tlic Coni- ibstruction MarparetV ips, which lion of the Keculoux's on of such lut conipli- I'TTON. •2, 18S'.). Ihi'l'oiv till) fisliit inr of >\l)ort;itiou it liy tl'c •nior with li-d by llor Mill home a IMEU). 309 Inclosure 1 in No. 162 a. Anno Qvinquagesiho Secundo Victoui.e KicfiiNF. Cap. VT. — An Act to amend and consolidate the Imii's relating to the E.rportation and Sale of Bait Fishes, [Passed June 1, 1885).] liE it enacted by the Governor, Legislative Council, and Asseinlily, in Legislative Session convened, as follows : — 1 . No i)crson shall — (1.) Kxport, or cause or procure (o be exported, or assist in the exportation of; or (2.) llaid, catch, take, or have in bis possession, for the purjiose of expor- tation ; or (3.) Purchase or receive in trade or barter, for the purpose of exportation ; or ( i.) Take, ship, or put, or haul on board, or assist in Itikinc:, shippin;;;;, putting, or hauling on board of any ship or vess(>l, for any ]mrpose whatever ; or (.').) Carry or convey on board of any sliip or vessel, for any purpose wliatt>v(>r, any herring, capelin, squid, or other bait lislies, from, on, or nt>ar any parts of this Colony or its dependencies, or from or in any of the bays, harbours, or other places therein, without a licence in writinu;, to be granted and issued as hereinafter provided. 2. Ijicenccs may he granted for any of the following purposes, viz. : {(I.) To export bait lishes to a foreign country for bait purjioses; (b.) To export bait tishes to a foreign country for food or eonsiimptioii ; (/'.) To export liait lishes for use for bait purposes in prosecuting deep-sea fislieries ; id.) To haul, catch, or take bait lisiies for exportation; (c.) To purchase bait lishes for exportation for food or consumption; (/.) To take, ship, or ]uit on board a ship or vessel, or to carry or convey on boanl a ship or vessel, bait lishes for exjiortation for food or consumption; ((/.) To purchase bait tishes for exportation for bait purposes; (/(.) To take, ship, or jmt on hoard a ship or vessel, or to carry or convey on hoard a ship or vessel, bait lishes for exportation for bait purposes ; (i.) To take, ship, or put on hoard a ship or vess(>l, or to carry or convey on board a ship or vessel, coastwise, to be ilischarged or landed or transliippod to some other ship or vessel within some port in this Colony. 3. No such licences shall be issued except uiuler the authority of the Governor in Council, and countei"signed by the Colonial Secretary. 4. The Governor in Council may, from time to time, by rroclamation, suspend or limit the operation of this Act, and the issu(> of lieiMices thereunder, in relation to any district or part of this Colony, or the coasts th(>reof, and for such ])eriod in relaiion to sale or exportation to such jilrices, or for such ])urp()ses and in sucii quantities as shall appear expedient, and as shall be declanvl and defined in the I'roelamation. 5. No licence under this Act shall be granted to any person unless he shall have first niaih> an atlidavit before a Sub-Col leet or or Preventive Oihcer of ("iistonis, or a Stipendiary ^lagistrate, setting forth the fidiowing j'artiiMtlars, viz., tiie name of tiie I.ei'son to wUoin the licence is to be granted ; the naiiio of tiie vessel on board of which it is intended to convey or export bait fishes; the purpose for wiiich such bait lishes are intended to be conveyed or exjiorted, whetlier for food or consumption, or for bait purposes; tlie country to which it is inteiiled to export the same, ov the place where tiie lishery is to he jirosiuaited, for wiiieh such bait iisiies are to be used. (i. Ap[ilicati a])piieant in each case to make, before him, an allidavit stating the facts and particuhiis. as required under siu'tion 5 to be set fortii in tiie licence; and it shall be tii{> duty of the said Stipendiary Afagistrate or C'ustonis ollicer to report to the Uoveriior in Council any refusal on the part of tlie applicant to make such aHiilavit, or any boiui fide dr this Act, tlie person to whom the sain forft iture of tli(> ])enal smu under such imtul shall he in addition to any other ))enaliv, mmU ij.ire, or ptinishiiient which m ly lio imposed for the same olTcnce under this Act. s. 'rh(> forms of the lieenees, allidavits, and honds, ahove provided, shall l> > ore scrilxvl hy the (lovernor in Council. 9. .\ny person who shall violat(> aiiy of tht^ iirovisions of section 1 of this Act, or any of etions thereof ; or (1.) Use, disposi» of, or deal with, any hait ftsahes, olhorwiso than in accordinec with the terms of the allidavit made upon application for a licence, or with the terms of such licence ; or (2.) ^fak<» any untruth statement in any aflulavit upon application for a liconce under this Act ; or (W.) Ohtain a licence under this Act hy mtmnsof any false statement or misrepre- sentation, or hy tlie suppression .>r concealment of any material fact, shall he lialilc, for every hrst olTenee, to a pentilty not CM-ceding 1,000 dollars, or imprisonment for a period not exceeding twelve months. (t.) Any pmson convicted of a s(>eond or sid)sequ(^nt olfence under this Act siiall, h(' months. 10. Fn addition to the punishment preseril)cd hy the foregoing setaion, the cdii- victing Magistrate may order the conllscation and sale of the herring, eapelin, srpiid, or other hait fis]i(arty accustnl : Provided there he proof of a .salt? under such circumstances as shall be consistent with a reasonahle prcsumj)tion that shi|)inent or exportation was intended. 13. Tilt? (iovernor in Council may, from time to time, appoint special i.'onuuis- sionors ftn- the purpose of enforcing the provisions of this Act. 14. Any ,>.uch Commissioner, or any Justice of the Peace, Suh-t'ollectoi*, Preventive Oflicer, l"'ishery Warden, or t.'onstahle may hoard and examine and search any hoal or vessel suspected nf havim; on hoard, or of conveying or exporling, hait lishes tionlran to the ])rovisions of tills Act, or of .any licence granted thereundci ; and in ctisc aia such Commissioner, .histiee of the I'eat'e, Suh-t'tdlector, l're>entive Oiliccr, J'islicrj- Wtirdeii, Constahle, or the crew of :uiy vessid empioyi'd hy the (ioveriimciit. shall make a siu'nai hy hoisting the International signal 1!, M. I., mi'auing '• Heave to, I will .send a ho.at." and Ihang a gim or hy dippim,' at the main peak three times the llni;, with the hadge of the C(douy, as prt^eiihed hy tht; Colonial Itegidations, it shalllie | the duty xaniiiiiiiL'| such vessel, he shall he std)jeet to a penalty not exe(>eding ."lOO dollars, or (o impiiMm. ment for a term not exceeding three months. The master of any vessel who siiall refuse or unreasoiiahly delay in oheying sutdi signal may he .irrcsttul and hroiiijlitj before a Sti])endiary Magistrate, and his veisijel may htt seized and held hy any lul Commissi tmtil an a ir> } conveying the niastci he foimd, Preventive the qnanti vessel, tin; to which t answer, oi having sue visions the Commissioi have l)een 1 on hoard oj outfit, and atl.judicatioi oll'ence. in. In nuthorized I simll have j any Avarrant to do any of anil to d'etai provid(»d. 17. In kit iisht\s o: having heen refusal or fai krlc e\id(>iK without a lie the ahsence i for l)ait piirj IS. All victed, and nicnts impo Magistrate, to or or.ierw fair amount the certificatt Keceiver-(Jeii U). If a. conviction, he Court holden Provided not convicting ^I; tliei)arty\lesi enter into ret conditiontvl fi Siiinviiie Con. cU'ecf and wit flclivery and s I'ay such cost imprisoned hy iriven such n appro\-ed sure 1)0 further eon 'X'xl sitting ol may he heard. 20. X„ p, "ii'^Aev, shall su'>slantiallvii 21. In'lh, 311 person to whom Ilia Colony, with (, or luori' Mi;in v.Wi' sliiiU, ill ill! iorois^a comiliyv country will l)i' imdcr such lti>i>J t whit'h in'iy lio led, HiiJiU •'" 1"''" 1 of this Act, or an in ucoord-vncc or with tht' terms tion for a licont'c mont or raisrcpro- ct, shiill ho liiil'K mprisonmcnt for a ulcr this Act sii;\ll, porioil of not less ■r section, the dm- ini?, ciipclin, s(|uiil, ikcM, couveyc;!, or any licence there- 11 1,1) found to h:ivi' of uny licence \\M thcr halt fishes, for . or for the iiurp )se nder this Act, shall t excetnliii'j; thnv nu8 of l>i*<>"'' that lall r(!st upon ilio .stances as shall bf ion was intended. lit special Conuuis- ill US dh>ctor,Pri>vontive . search any l)"!it ov hait lishes coutran ; anil in ca^e any V(> Olhcer, I'ish.'ry (lovcrnineiit. sliall iiuinu- '■ Heave I'S 1 three times the Ha;'. ^ulatiuns, it shall U' such vessid to hcav^ ,, or Constahle ^hall such owner, n\as iT r to heave her t", or loncr, .lust ice, ^^h''- •dim,' and exaniiunii: liars, or to impr^ou- any vt;ssel wlo ^luiH ■rested and hroiii;l>' lul held hy any -uclij Connnissionor, Justice, Suh-Collcctor, Preventive OlTicer, Fishery Wai'den, or Constahlo until an adjudication shall have taken place- upon u complaint under this section. 15 Any person found hauling, cntehinc:, taking, purchasing, selling, shippini;, w conveying any hait fishes, or any person having any such fishes in his possession, or the master, owner, or crew of any hoat or vessel on hoard of which any hait fishes may hi" found, may be examined on oath hy a Justice of the Peace, Sub-Collector, or IVeventive tlfficer, Pisliei"}' "Warden, or Commissioner, appointed under this Act, as to the quantity and kind of Imit fishes in his possession, or on board of such boat or vessel, the purpose for which such bait fishes are intended to be used, or as to the place to which the same an; intended lo ho conveyed or (!xported, and upon his refusing to answer, or answering untruly, or failing to produce a licence under this Act, or, having such licence, being found lO have violated or failed to comply with the pro- visions thereof, such Justice, Sub-Collector, Preventive Oincer, Pishcry Warden, or Commissioner may seize the boat or vessel on board of which such such bait fishes shall have been hauled or caught, or put, kept, shipped, carried, conveyed, or exported, or on board of which the same may have been fouiul, her tackle, apparel, furniture, and outfit, and the said bait fishes so found as aforesaid, and may hold the samt; until an adjudication shall hav(> been had upon a complaint in relation to such allogwl oll'enc(». 1(>. In any such case as mentioned in the next preceding section, any olfieer therein authorized to seize any boat or vessel, and any constable or peace olRcer then present, shall have power, by direction of any such officer authorized as aforesaid, and without any wan-ant or complaint upon oath, to arrest any person found committing or omitting to do any of the acts for or on account of which such boat or vessel may be seized, and to detain him in custody until an adjudieatis on board of any boat or vessel shall be priind facie evi(icnce of the same having been so shipped, pur, had, or conveyed, for the ])urposc of exportation, and the refusal or failiin* to produce a licence upon being called uj)on so to do shnll be primd facie evidence of such bait fishes having bcvn shipped, put, conveyed, or exported without a licence; and any (>xportation, or intended exportation, of hait fishes shall, in the absence of proof to the contrary, be held to bo an exportation or intention to export for h.ait purposes. IS. All otVenders against the in-ovisions of this Act may be pros >cuted and con- victed, and all fines, forl'citures, penalties, orders for conliseation, and other i)unisli- ments imposed, re(!overed, ami made in a summary manner before a Stipendiary Miigistrato. In the event of the prosiuaition of an olTend(;r who would not be liable to or oriiered to jiay a fine, {\wn the reasonable expenses of the prosecutor, including a fair amount for his time and labour expended in and about such prosecution, shall, on the certificate of the ^lagistrate who heard the case, be paid to the prosecutor by the Receiver-tieneml. 1!). If any person convicted under this Act shall feel himself aggrieved by such conviction, he may appeal therefrom to the then next sittingof Her Alajesty's Supreme Court Indden in or nearest to the jdace where such conviction shall have been had : Provided notice of such appeal, and of the cause and matter thereof, be given to the convicting ^ragistrate, in writing, within seven days next after such conviction, and tliojiarty desiring to appeal shall also, within fourteen days after siudi notice, give and enter into recognizance, with two approved sureties, b(>f()re tin" convicting Magistrate, conditioned for the appearance of the ])ers(m convicted at such next sittingof the Supn me Court on the first day of such sitting, for the pi-osecutiim of the appeal with olTi<'t and without delay, to abide the Judgment of the Court thereon, and for the delivery and surrender of any vessel or other pro])erly ordered to be confiscated, and lo Jiav such costs as th(> Court shall award. Any jjcrson who shall bo convicted and ini]iiisoiicd hy any such Magistratt; for an ofl'ence against this Act, and who shall have ciiveu such notice of appeal, and shall hav(! enti>rcd into such recognizance with approved sureties, may he discharged from prison, in which case the rccognizanee shall be further conditioned for the snrren(h'r of th(> convicted party, on the first day of such next silting of the Supreme Court, lo the Shcrilfof the district in which such appeal may be heard. 20. No proceeding or conviction by, or order of any Justice or other officer under this Act, shall he (piashcd or set aside for any informality, provided the same shall be substantially in accordance with the intent and meaning of this Act. 21. In this Act the woi-d " vessel " shall include any boat or ship registered or ('» ilain ppr?on» may l)e examined on oatii by .n .liutice ot tlie Peace and otiicr ofliciul/i of the Govornment.' Aildilioiial powers given to orticials Wint sliall be evidence. Offenders may be lirosecnicd sum- marily before Stipendiary Mnpistrate. Power of appeal. t*. Wniit of form in proeeediiiL'- not (ironnd for celliiiir aside J.idjinient. Interpretation rlauie. ; ( I- * 4 " ';i ir^i' Treaty righti preserved. Power of Stipen- diary Maglitritrii. Itepealing clauiC. Provito. Time at wiiicli A ct shall come into force. 312 not registered, jack, skifT, i)unt, or Inuncli, whether propelled by saiU, oars, or steam. 22. Nothing in this Aet shall alTt^et the rights and privileges granted by Treaty to the subjects of any State in amity with Her Majesty. 23. Tor the purposes of this Act, all Stipeiuliary Magistrates Hhall be deemed to be Stipendiary ^lagistiatos for the Colony, and may exercise the jiu'isiliction givcMi In this Act in any part of the Colony. All olficers engaged in carrying out this Act, and the masters and crews of all vessels engaged in the said service, may severally be sworn as Special Constables, and shall, while engaged in carrying out tliis Act, have all tiit' powei*s, authority, and protection of Police Constiibles. 24'. The Act passetl in the liftietli year of the reign of Her present ^fajestv, Chapter 1, entitled, " An Act to regulate tiie Kxj)ortatioii and SaU' of Herring, Capelin, Squid, and other Bait Fishes," and the Act passed in the iif^y-tirst year of the said reign, Chapter D, entitled, " An Aet to amend an Act passed in the fiftieth year of thi> rcign of Her present Majesty, entitled, ' An Aet to regulate the Exportation iiiul Sale of Heifiiii,', Capelin, Stjuid, and other JJait Fishes,' " are hereby repealed: I'rovideil that this repeal shall not be held to aU'eet any jienalty, forfeiltire, or liability incurred under the said Aet, or any proceedings for enforcing the ^ame, had, done, con»i)leted, or ])ending at tlic time of this appeal, or any olfiee, apiiointnient, or authority or duty created, conferred, or imposed, or ariv right or privilegt^ acquired or existing, or any licence granted under tlic authority of the said Acts; antl provided further, that every jjcrson holding a liceiieo under either of said At-ts shall, as soon as practicable after tlm passing of this Act, surrender the same to the nearest Magistrate or Customs ollieer atitliori/.ed to issue licences under this Act, who shall thereupon grant in lieu tlau'eof a lieenee under tlic provisions of this Act for such ])tirpose as the same shall be retiuiicd ; and any licence issued untler the authority of said Acts, not so surreuilered as soon as practicable, or within a reasonable period, shall be held to have been tt.'rminated, and to be of no further elVeet. 2o. This Act shall conu' into force at such ilatu as shall be ai)pointed by the Governor bv his rroclamati. CHAl'TEIl (i eonsolitlates with some amendments the Acts of the Sessions of 18S7 and ]!S88 relating to the export and sal" of bait lishos. No new ])rineiple is involved in the amendnuMits, which relate oidy to the machinery and legal proeediirp for the enforcement of the jn'ovisions of the Act. The Act is to be brought into | operation by I'roclamation of the Governor. No. 1(52 n. Governor Sir T. O'iir/en to Lord Knutsford. — {Received at the Foreitjn Office, December \'l.) Government Houne, St. John's; Xeu/oundland, My Lord, Norcmher 25, 1881). IIEFERHING to your Lordship's telegram of the 20th instant, 1 have the honour to transmit herewith a Report by the Attorney-General on the necessity of, anil I general scopi; of, the amended Uait Act passed at the last Session of the JiCgislatun.', which Report I trust will prove satisfactory to your Lordship. I have, &c. (Signed) T. O'BIUEN. iisuni to be be- i- 1 or otJK uas Hi forth i fseeti( Tl especiii or jii-i; the ollt waters. ai3 by sails, oars, or mtcd by Trouty to liall 1)0 dcpmcd to i-iadiction 5,'iv(ui h\ r out this Act, and severally be swoni IS Act, have all tiiii >r present "Majesty, f Uerriiv^', Capelin, .;u- of the saiil reii;ii, year of the n-iu'iiof iindSaleof llevriui:, (led that this repeal irred under the said hI, or ijendins attlw •vcated, eonl'erreil, or -i> p-anted under the on luddint,' a lieenco 1 passini; of this Act, • authorized to issue r :i lieeiiee under tlio ivd ; and any licence Don as practicable, or u;d, and to he of no he appointed hy the 9), r)2 Vict., Cap. <5. of the Sessions of No new ])rineiple is and le.ii-al proce(hiro to be brouf^ht into ',e Fore'ujn Office, ihn's, Ncvfoundland, j, 18S<». ant, 1 have the honour the ncc(>ssity of, antll ion of the Jiegislature,| ave, Su! T. O'BllIEN- IneloNurc in No. 1H2b. Thf Atlorneii-dcneral, St. .John'.s, to Governor Sir T. O'lirim. Sir, Attornvy-GenvruV.s Office, St. John's, Xovember 23, IHHS). IN ohedienee to ycnir Execlleney's lecjuest, I have the lionour to submit the followintf Report in ndalion to the Act passed durinir the last ISossionoi" the Leirislature, caj). (i, relatini,' to the exj)ortation and sale of I)ait lishes, for the purpose of pohiting out the nature of the ainendments therein made upon the Acts of tiui Sessions of 1887 and 1X88, and the reasons whieli led to the adoption of those amendments. The object of the Act of IHS7, 50 Vict., cap 1, amend(>d by that of 1888, 51 Vict., caj). !), was to enable the Coveriuuent to jn-obibit the sale, exportatiim, (fee, of bait lishes, for the purpose of supplying; bait to foreigners. (!'/>/'• section 1 of the -Vet of 1887, and scetitm 8 of tile Act ()f 18SS.) 'L'ho object of the vVct of this year is not to extend or alter in any way the purpos(!s or intention of the former Acts, but only to provide more ellicient methods of carrying them into elleet. It was found by exjierience that several diflieulties presented themselves in enforcini,' the jirovisions of the Acts of 1KS7 ami 188S. The pndiibitory clauses of those .Vets expressly applied oidy to exportation, or to sale or other transaction for the purpose of exportation " for l);iit purposes." 'I'he ipiestion of fact, to be determined in e\er\ ease, wiiether tiie exportation or other transaction was " for bait purposes," was I'ound to be fre(|iiently attended with groat dilliculty and doubt, arisiuL? from the peculiar nature of tli(> fishery business at certain seasons and in certain places. At, or nearly at, the .same times and places at which the '• bait fishes " are usually taken for " bait purposes," by and for our own lisherinen for their fishery, and (formerly) for exportation to St. I'ierre for thi> iMcneh, and for sale to United States' and Canadian fishermen, a larire business has fm' ye.'irs past been done in our waters in catching and exporting " lishes" oi' the same kind, particularly herring, for market in the United States and Canada, for consum))f ion r.s food. Th(! Acts of 1887 and 1888 applied no restrictions, limitations, or coinlifions to this business. it followed, as ;i mattei' of e\])erience, that in many eases evasions of the Act took ]ilae<\and prosecutions t'aile(l on account of the iuability on the part of the prosecution t(i ]n'o\i! that the exportation in ([Uestion was loi' '• h.-iii purposes," or rather tiiat the statement of the accused, that it was for food jiurposes, was untrue. It was therefore considered necessary to put the business of eatehiui;, buying, &c., these " lisluvs " for food ])urposcs under some restrictions or conditions, in order to ])revent its being used as a pretext for evadini; or defeating the object of the Act. On the other hand, oni' of the provisions of the Acts of 1887 and 1888, in relation to the exportation for bait purposes, viz., that which re(|uired a liceiu-e for every sale or ]uu'cliase for liait purposes, was atti nd<'d with uieat diHicultv in its application and enforcenienl. Jn order to pi'o\ ide for the deterniinalion in any gi\i'n case of the (picslion of fact as to the purpose for which the exportation was intended, it was considered necessary to (U'vise ;i eoniplett! system of regulations, applyin-r to all the various cla.sses of cases of shipping, eonve\ing. exporting, Sir., "bait HsIkn," known or practised in the Colony, in order that the paiticular kind of business .against which tlnr Act was directed might not he earrii'd on under pretext or cover of a pretended other business. Section 1 1 of the new Act applies to the various purposes for which bait fishes are usually taken, shipped, ite., and the various nu'thods of dealing with them necessary to be pi ed luider llegulation. in order to prevent tiie main ebjeel of the Act from be" ii; evaded or defeateil. The shipnien', exportation, ttc., being, as already stated, in all cases, for cither one or other of tw(, pur|)oses, viz., for bail, or consiiniptiou as food, one g(>ner;il ])rovision \\;is first ii\ade a|iplieal)le to every ease, viz., tiiat ;i licence nuist he obtained, setting forth and adapted to the Kind of l)nsiness in w Inch the licence purposes to engage (seetions i) and (>). The next practical diiliculty attending i!ie enforcement of the fornnr .\cts, especially as re<;'.ar(ls vessels bel(Mi'j;i;ig to oiiier count lies, arose IVom the want of power or ju^'isdietion ovi'r an oll'ender. ilie oll'ence of " e\port;ition " not heinLC eonijilete until the olleuder had got beyond oiu- j'nisdietioii, /.c, outside the limit ot our territorial waters. This dillicultv it is iniended to meet, as far as possible. l)v the ju'ovisions, [2U'.) 1 ■ ' 2 s M Ui . !) I: Hi i ■ " I ■^ V- ' 1 J , i I, i 1 "' 1 L f •^ 314 under section 7, rolatinp to bonds with sureties, and, in cases of exportation to a foreign country, to proof of tlio lauding of the cargo in such country. The present Act also contains certain now provisions relating to evidence, the onus uf proof, Sic., rendered necessary by the peculiar nature of the business. The intention to " export," and to use the bait fishes for bait purj)oses, are facts as to which in any given case there would be no reasonable doubt in the mind of the Court, but as to which it is impossible in most cases to obtain direct and positive evidence. Sections 12 and 17 relate to this point. Section 10 contains a new penal pi-ovision, viz., the confiscation of the " fish " unlawfully taken, &c. It also I'emedies a defect under the former Acts in relation to the power of the convictiuj; Magistrate to confiscate, which, though intended, has been held not to have been given by the strict words of the Acts. I have, &c. (Signed) J. S. WINTER. No. 163. The Marijuis of Salisburif to M. H'ttddiiigton. M. rAinbassadeur, Foreign Office, December 31, 1889. I HAVE the honour to inform your Excellency that I communicated to Her Majesty's Secretary of State for the Colonies the note which M. Jusserans iiistnnts d'attontion ct do l)ionv»>illaiic(' i)our k; drvcloppomcnt (I'liiic (jucstioii 4111, cm niisoii dii tivs i,'mnd nombiv dc faits a<"('iiinnl(''S, nc laissc pas quo d'otro asso/ <-oinpl<'X<'. (I'arlf/.) Kn 17m, lo Trait*'- d'l'troclit,(iiii nous a oiilovt' I'Aoadic ot los dorniors vcsli^os do notro Einpiro du s^oU'o dii Saint- Liuivnt, (|Uo nous avions si r,i])ido)nont coniiuis ot si fnciloniont ooloniso, nous a laissrs noannioins, sur uno partio dos ootos do Torre-Nouvo qui out reou lo non\ do " Kronoli Slioro," dos droits do ptM-he <|ui,dos ootti' opoquo, ont et('* rooonniis indispensahios ri I'oxistotu'o dos popidations niaritimos du ucn-d-ouost dc la Fmnoo, do Dunivorquo 11 Hrost et a Nantos. 'i'ous los 'i'raitos <[ui, dopuis, so sont oooupcs do ooKo quostion — jo oitonii notam- mont lo Trait«Mlo Vorsaillos do 17h;1 ot los Tnutos do \ ionno do ISITj ont oonfirnio Texistonco do 00 droit. (^uollos sont la nature ot la portt'w dc vr droit ? C'ost rv (|u'il iuiporto do hioii prtrisor d^s lo dobid do oijtto discussion. Si nous nous rojjortons aux dilloronts toxtos (juo Jo vions do oilor, nous arrivorons k nous oonvainoro »pio 00 droit, s'il est limit*' (plant a Totonduo dos ootos sur losipiollos il pout otro oxeroo, s'il ost liiniti^ (plant a la saison |)ondant hupiollo ii est aiitoriso, est illiinit*'? (plant a la nature ci an i^onro do p(''olios (pii pouvont ("'tic ('xei'0('es ; (pi'il ost nhsolu, oxoliisif do toiito oonourronoo (•tran<,'(''ro. I'our d(''inontror a la Chainhvo roxaotitiide do nion assertion siir 00 point, jo ii'aurai qu'ii lui diro la IV-olnration du I'oi (Joori^es en date du :{ Soptenibro, 178.'{, (pii a vx6 annox('(! an 'rrait(' do Versailles ot (pii fait i)artio int(*i^ra:ito do 00 'rrait('! : "Pour (pio los pt*'oliours dos deux nations no fassen* ]»as uaitro do quorollos journal i(''ros, Sa Maj(!sto Mritiiniii(pw prendra les niosin-i's los jilus positives pour obtonir (pio sos sujots no troublonl en auoiine iiiani("'io par leur oonourrcneo les p(\!lies dos Fran(j'ais jtundant rexoroioo toinporaire (pii leur est aoo(ml('' sur les tVitos do Torre- N ouve, ot olio I'era rotireriioel olVot los elabiisseiuonts s(''dontaires (pii y sennit Ibrnios." Ainsi, par ootte Doolaration, lAni^lotorro |)reiuut vis-a-vis do la Franco iin double onijai''einent. D'abo/d, olio s'opposorait dc la nianif'ro la plus positive n (•(• quo scs sujcts liabitant Torre-Nouvo tisseiit uno oonourronoo quolconqiio, troublassont par l(>urs opi-rations les op('i'ations do pi'olie do 110s natioiiaux ; elle >-Viiu:ai;oait 011 oiiiro a lairo supprimor et retirer terns les ('•tablissonieiils st'dentaires app;u(onaii. a des nationaux Britanniques sur toiito I'l'tendue du " h'reiieii Slioro." Xos droits paraissaiont, a eetio ('•poqiie, si i)ien ("ttiblis, si bieii di'linis, (pio certains optimistes s'l'oriaioiit, on parlant de la perte du ("aiKuia; " <^iie nous impnrte d'avoir l)ordu sur dos terros 1111 droit improductir, pui>(pie nous avoiis cousei'V*' uii droit intiniinent jiliis piveieux : lo droit do p('olio, (pii, lui, est eHioaoo et productii'I " ^lalli(Hireuseinent, la conservation do cc droit do peelio dovait donuor naissano*! a bion dos oondits et a bion des la'-Ljociations. Jo craindriis d'abiisor dos instants dc la ("lianibro si jo tentais do I'airo ici rosquissi; nu'ine soinmairo ot rapido do ronseniblo de cos lu'-gooiafions. il y a soulomont deux points quo jc nic bornorai a rotonir, i)aroc (pi'ils luo seinblent essentiels pour la d(!'inonstration (pie jo poursiiis en co nioiuont. D'al)or(l, a aneiine ('pocpio, sous aueiin (loiivornomont, la l''ranoo n'a porinis (pu; lo caraot("'i'e ext lusit' et absolii de iiotre droit fiit, en tln'orio, mis on eoiitostation. A auemio ('-poqiie non plus, jusquVi la saison do pi"'elie de 1SS<). I.i l-'raiicc n'a pormis ([uo lo canioti'M'o exclusil' de ce dvoit tut, en fait, uk'-oduimi. A Tajipui dc cetto assertion, sans veiii(>!it"r l)ien liaiit, je poiirrais eiter les doolanitions ()iii ont (''t('- t'aites a la tribune du ^('•nal jiar lo (iouvernoment a propos des (|uestioiis pos(''es par I'lionoralile Aininil Vi'thii on 1SS7 et on Ib^S ; le (JouviM'ne- meiit y a aHinin'! do la maniero la jilns ])ositive le caraoti'^n! exclusil' du droit, ct 00s Declarations ont (;ti'' porti'os, par les soins do notro Amliassadoiir, a la eonnaisanoo du (lOinerni'ineiit .\ny:lais. A'oila dune, Messieurs, quel ost en (lu'-orie le terrain sur le(piol l(> ( JoiivernenuMil i''raiK;ais s'es; toiijours plao('. lixaminons Tuaintonant (piols ont I'ti; les Tails. Imi 17b'}, en 17SM. et nn'-nn! en 1^11 et en l^l.'t, lo " Kreneli Slion; " I'-tait pres(pie coin])leTemeiit inliabiti'. Anx tonnes des dith'rents Traiti's ])ass(!'s a (;es ('|)oqiies, il aurail iln rester inhabit*'-, ])iiisqiie, d'une part, en vertn do I'Artit-le XII 1 du Traiti'- d'Utroclit, les l-'raiKy-ais s'on<^a;,'eaiont a n'y *'-lever ;iiicuno construolion permanento, a n'y avoir (pie dos installations ])rovisoir(-s <»t tomporairos (pii dovaioni disparaitro a la tin dp chaquo saison dp pAobo. et quo, d'nn autre (-('ttt'-, on vertn de la Doolaration atloltcnont it tout ion ct tn's ;^nin«l v»'stij;('*» •>•' ()ii»iuis ft si rcrrc;-N«nivo »'«|)()qu(', ont l-oiiest do la tiTui iiotiim- nt continm'' Di'lc i\:\ bitMi us iirrivcrons ur U's(HU!lU*s iiiilorists »'st, cs ; ((uMl I'st cc point, \o )rc, 17h:?, qoi raitr ; (l(> qiierclles lositivfs pour ICO los pcVhes Ics cot OS do s (|Vii y scroiit nco un (loiililo a cc ([ue SOS scut par lours outrt! a lairc (Ics nationaux (pic c»>rtains ipjdtc d'avoii' ivi- un droit •til' I" naissaiioo a ici rcs(iuisso idcnicut doux iticls pour la a pcrniis quo itcstalion. A I'a pcnuis ([ue LTuis citcr los mont a propos Ic (louvcnic- u droit, ct CCS •onnaisaucc du (lOiivcrncnuMit Tails. ' ctait pi'cs(iuc CCS cpoqucs, il l\\\ du Traitc pcrinancnte, a il dispavaitrc a la Declaration 317 (hi Uoi (Joorg<« in, IcM Anglais s'cMgagcaicnt d'uno l'a(;on non inoins oxplicito ct nhsolue a no toh-ror do la part d" lour-* nationaux I'oxistonco d'nncun (Hablissomont sj'ulcntftiro. Kcaniuoins, jhmi a pou, Ics liahitanls do Tcirc-NtMivo sont vcnus, ct en (luantit** (umsidt'raldc, sVtaMir sin Ic " JmcucIi Shore;" ils s'v sont introduits ct glissi's sous le convert des services (pi'ii^ rcndaicnt a nos niarins. Jls su soni Tail loh'-rcr en so elinrgcant iU' gardcr, jicndanl la nioitc-saison de p(''elie, Ic inah'-riol r«l Ics appro- visionnonionts (|iie nos arniat(;urs avaient iul«''r(''r u ne pas transporter clia(pic auu«'0 do l-'raiu'c a Terro-Ncuve ct de 'rerrc-Ncuvc en Franco; ils so sont I'ait accepter aussi on so cliari,'(!ant d'aller cin'rchcr dans I'ilc Ics hois (pii dcvaient scrvir a la coiistru(!tion des ateliers provisoin.'s ou so prepare ct s(rlic la inorue ; niais ils sc sont I'ait ai,'n''or snrtont on so chargoaid do pt'-chor, pour nos nuu'ins cl nos aniat(!urs, los diUcrcnts (•rustae(''s et poissons (pu scrvent dapi!!\t ])i)iu' amoreor rhanio(;on a I'aidc diiquol on prend la niorno. Ainsi, petit i\ petit, los hahitants (l(> 'rerre-Xcuvc so sont introduits (>t installos sur le " I'Venoh Shore" coiunie auxiliaircs do iios niarins, sous lo pivttixte des services quMs rondaiont a nos ))eeheurs. Aujourd'hui, ils ,v sont en grand noinhre ot ils no parlcnt do rien nioins (|Uo de ehassor et d'cxpulser tons los Fmn(;ais. Preoecupes des conllits aiix([uels dovait nocessairoinoiit donnor naissanco unc situation aussi aiKa-nialc et aussi contrairc aiix Trailt'-s, aninu's I'liii ct raiitrc d'uii egal desir — il taut le ivconnaitrc ct Ic proclanicr haiitcmiMit — dv, tarir ees sources de diiliculti's, ail mois do Novend)rc ISH.') los deux (loiivenioinents do la Grando-Hrotagno et do hi l''raiice pos("^rciit Ics hascs d'uiic Cieivi iition nouvcllc. Cette f'onvcniion. ([iii donnait au\ hahitants iK- 'rcrrc-iScuvo des avantages considi'rahles. dovait cahner lours appotits, assoiivir leiii-s ooiivoitiscs, ct pivvciiir los dilVcrcnds. Cette Convent ion a rc(;ii I'approhation des deux Ciouverneinonls. Non sciilcmont lo (louvcrncnicnt Anglais I'a approuvee, niais dans un Miscours do Tronc, dans iin Message (le la Ivciiic irAniilctcrrc an I'arlcincnt, la I'einc s'est fi'-Iiciti'-c liaiitcineiit d'avoir pu concliirc un arrangeinont (pii devait sii|»priincr la cause tU' (liniciilt(''s cut re deux pcuplcs voisiiis d amis. Malheureiiscnient Ics scntiiiienis (pii aniinaicnt la Ucinc d'Aiiglotcrn! ot son Goiiverucincnt n'etaient pas cciix ipii guidaicnt Ic I'arlcnicnt do 'rcrrc-Noiivo, et co Parleincnt otan. hoaucou|> plus ))ivocciipt'' dc satislairc los coiivoitises do certains riches industricls (|iic Ics di'-sirs dc sa gracicusc Suiivcrainc. Par ses rcl'iis succossifs, il lit iivorror la Convention. Non (•ontent dc co premier siiccc's el poiissanl plus loin ses avantages, il vota unc Loj qui a iviai le noin dc " Uill-hoi-l." \a\ " hoi't " t.'st le ternii! g(''iu''ri(|iu' dont on sc sert dans ees jiaragcs pour (h'sii^'iier toutc cspiH'c d'appat destiin' a amorcer Ics (lilh'rcnls (>iigins cniployt's a la pcclie, Par cetto lioi, le I'arlcnicnt de 'rcrrc-.Xcitvo interdisait a tons Ics liahitiints de cette ilc dc vendr(! a tons nos piVliciirs Ics appats (pii Iciir ('•taiciit lu'-ccssaircs. Ijc hut dc cette proiiihition nc ponvait \ms ("-tre coiitcslt'-, et il nc I'etait pas: e'etail de nous riMidrc impossihlc la prclic sur Ic hanu dc 'rerrc-Nciive. II I'ant reiuiro cette justice an Gouvcrnomonl .Anglais, qu'il In'-sita longtcnips a doniicr a cette Loi rapprohation qui otait n(''ccssairc pour ([u'cilc devint oxi^cutoirc coiitrc nous. La diplomatic l?rilaiini(pic out des soriipulcs — ct on sail (pic la diplomatic ihitan- ni(|iio n'a pas des scrupiiles a la l('gt">rc. I,c (Joiufi'iicnicnt .\nglais, (pii s(> ivclainc volonticrs des priiicipos do lihrc ccliaugc, (pii M' largiic dc son attaclicmcnt a cos ])rincipcs (>t (pii en tire, le cas ('cheant, des heiu'diccs appnk'ialilcs, coinprit ee qu'il y avait d'anoriiml et d'oxorhitanl a sano- lionner uiie prohihitii.ii aussi saii\age ct aussi monstriiciisc. Sauvage ci monstruoiisc nonsciilcincnt \ is-a-vis des l'raii(;ais piiisipi'cUc n'a\ait I'vidommcnt d'aiitrc hiil (pio de lour niiiro, (pic dc rondrc iiicMicacc a Iciir di'-triinont la clause d'un Trailc an has dii(|uel ctait la signature dc la (iraiuk'-lJivtagno, niais sauvage encore ot monstruouso vis-a-vis dc la poi)iil;ition do 'rerrc-Ncuvc, population pauvrt; dont rindustrio de la fournitiiro des ap|)at> I'tait la jirincipalo r(>ssoiirccj a (pii die rap|)()rtait ])lus d'un million par an. poi)iilatioii (pd sc sentait exploiti'-o ot [ircssuivc au profit do quclqiics riches industricls ('tahlis sur la ciMo ct cpii, pour la plupart, nc sont pas mi.Miio hahitants de Tcrre-Neuvo, niais vionnent des ('("itt's do la Is'oiivellc-1'Jcos.sc on des Hes du Prince-Kdoiiard. he (ioincrncnicnl Anglais hcsila dmic, tcrgivcrsa pendant (hnix ans, inais linit par (vder. Depiiis (piehpios anm''(>s, la (irande-Pretagne scinhh; no gouv(!rncr ses Colonies (pi'a la condition do lour ohcir. Le " Mili-hoct " I'lit ratilii'-. Cette ratification (>ntrainait pour h- Gouvcriicinent Fran(;ais di; nouvellcs ohligations et do nouveaiix devoirs, sous peine de laisser peri- cliter unc industrio dont j'ai siormh' tout a l'li(>urc a la (^handu'c I'importauce nationalo. i.f h- il , 1 : I W: 31 « liO Ootivprnomoiit coiuprit vi iiffit nvcc |irnm))titu(1t< v\ dtViHioii. 11 fit pro(!*Vl«r a un« oxplomtioii iurtlii) dos (litTriiMilos hiiifs tin " Kwiich Mlmrr," lit nu-onnii'itrc |mrmi cos IxiioN (U'lloN <|ui mvMiMitiiiriit l(> jiIiik iravnMt:it;<>M pour Iti |)n'li(> di' l')ip|MU. Ce trnvail, ronlir M iiii ofli*-i«.>r suporiciir tr<>H (liNtin^in^, lo Ci»mnitii(liint lltinmnn, qui chI uiijoiii-d'hui CoiititsAiniral, ii iMt' pul>li«'^ par los HoiiiH dii Miiiistrn^ do la Marine (!t diMtribiic aux Cliambrcs dc ('oiiinin-ci', qui I'dmI puitt! a 'a cotiiiMiflHaiiuo dcs iiiti'TCNsrs. Mais avoir constatr la iHisHihililt' do so ])assor dii cnncoiirs do8 liahitaiitfl do Torro- Ncuvo pour la poolio do I'appilt, avoir (h'rtormino los haios dans lustpudloH oetto pAohe pouvait otro oxocufoo, oc n'olail Ifi ([n'liiio partio do la lilclio (pii inoomhait. au Oouvornomoiit, ot oo n'tMait jtoul-otro pas la plus dillloilo. Kn cfVot, la p«Vlio do lappAt dovail otro ooftfcuso panjo qu'ollo nocossitorait dcs equipages plus iiunihroux ot dcs ongins partiouliors, ut ollu m; pouvait piiH otn; par ello-m^^mo luomtivo, puiscpi'ollo no pouvait s'oxoroor quo |)OMdant uiu' poriodo de temps tri'^8 courto, au momout ofi los imviros haiKpiiors vioiiiiout s'appmvisionnor a lu c6te. Mais le Minist('^ro do la Marino so t'onvan([uit (|uo si a I'industrie do la |H'^eli<; do I'appi^t on joi^nait arai;os. Sur Ut " {''nMudi Hlunr," dcs fortunes considorablos so sont I'aitos rapidoinmit. Siont'onsultc l(?s Ktats do statistiquc qui sont dross»''s cbaquo aiuioo par lo (Jmivornonu^nt do 'rerro-N«'UVo, on aiTive i\ rooonualtro (ju'on 18H5 los oxportations do 'lV'i'ro-N»«uve, on oonsorvi's do liomard, pour la Franco, so sont olovoos a 1 U,(Mt(l kiloy;. ; on IHHC, a isri.OOO kilo«. ; ot on 1H87, a 555,0(K) kilog., repn'-sontant iino valour totab; do ;{,6()(),<)()(> i'r. Malgro Ics attraits quo pouvaiiiut oxenor sur oertains osprits los bonelieos a rcalisor dans ootto o|HTation, lo Minist«Vo (l(> la Marino out boaueoup do peine a ddtorniinor los industriols a t^xposor loui-s ea)iitaux dans cetto ontropriso. Apros do nonibrousos doniarobos, on niit enlin la main sur un armatour do Nantes, M. Tbube, qui, aveo deux assooies, consontit a ris(|uer rontroprise. M. Tbub(^ se lit eonipl«^tomont I'bommo do rAdministration ; il so mit en rapport direct avec Ics reprosenlants du Miniature do la Marine ; il suivit de tons points leui-s conseils et leui's instructions, so soumit aux prescriptions d»! la Circulaire Ministi'srielle du ('» Octobre, 18H7, «miauant do M. Harboy, (|ui I'tait alors, oonimo aujourd'bui, Ministrc do la Marine. M. Tbubd so rendit au point indiquo et oxor(;a son industrio cxaotement dans les oonditions pi-cscritos. M. Tbube rundit ainsi dos sorvi(!es approciables. II arriva, on fondant I'industrie nouvelle pour nous do la poebe de la boot, a approvisionnor a I'instant opportun ot en fort pcu de tonips j)lus do dou/e cents |W'obours ot vingt naviros banquiers. ("etait un premier service rendu a notre industrio do la |)oobo do 'IVrnsNouv*'. Dc son ('('(to, notre (J(Mivornomont tonait, on ISSM. soru|)ulonsomont los engage- ments pris vis-a-vis do M. 'rimbe. Sous la direction du Ministt-ro dos AlVairos Ktrang^ros, lo Minist^re (U; la Marine ot dcs Coloni(!s donna des instructions tr<\s i'ormos et tr^s j)rooises. Le Commandant de la Division Navalo roeut I'ordro do I'aire rospoctor los droits exolusif's de iios nationaux; il s'cn aoqiiitta avoo formott' et niodoration. Deux assooies Anglais, MM. Andrews ot Murpby, vinr('i\t sVitablir auja-os do M. Tbube pour lui fairo ooneurronoo ot ontravor sos oj)orations. M. Tbube signala lo fait au C(mmiandant (b; la Division >iavalo, qui so rondit sur Ics lioux et oxpulsa los intrus. Cet acto do viiruour \'n\ approuvo sur toutc la oot<^ et produisit le moillcur cffct ; il i'ut appwniv*'! lum seulomout par nos luitionaux, mais meme par los babitants do rile do Torre-Neuvo, qui, ainsi quo jo I'ai dit, sont oxploites, non nioins (|ue leurs erustaei's on lours poissons. par oos industriols etrangors vouant dcs c6tt'8 voisin(!s. Non seultnuent oot aoto n(! soidova (pio dos api»r\ »manl, pour t vv 1H87, 11 iM-m'sllccs a dc peine a r do Nantes, t en rapport point»s lenrs Ministerielle anjcmrd'hui, KMit dans les t r Industrie )ortvin et en ei-s. ("etoit les en^am- lle lii Marine Iter les droits 1 1- aupres do ll)i! sij,'nala le It expulsa les It le inoilleur lies habitants li nioins que lit ilea e6t*;8 puve, mais le maniere do [station qu'ils Les tcM'ines ^ibre, ear ils KMit Anglais kuridiy— ont louvenunnent An^lnis roeonnaisHiiit pnrfaitvment i|iie ees nationaux n'avaiont a fairo vnloir ancun droit Hur le " Kn'neh Mliore" on ils nviiionf eonstrnit lenr iisine, Cetle deeision dn (Jonvernenieiit .\hij;laisost d'lintant pins iniportante a nnter que loH ri^'olaniations d(>s Sioui-s Andrews et Mur|)h,v etaient hnulees sin- ime distinction h la I'ois seiontithiue et jnridiqne cpii ii oours purnii les politieiens do Naint-.lenn a Terre-N<'Uvo, ^^^\i fait la liase prineipale do lour ari^uniontation eontn; nous : " Lok Kran(;ais," disont-ils, "out le droit de i»eeher, cuvst vrai, inais ils n'ont cpio le eher des hoinards, ol Irs Knineais n'ont pas le jlioit de eapturor des lioiniirds. ' Cette distinetion, uii pen suhtilu, est m eoiilnidietion avee lo texte des Traitds et nveo I'npplieation eonstante qu'ils out reeiie depnis 171H. Mais j(> veux hien iin instant mo placer sur ee terrain du droit striet sur loquol teineraironiont |)ent-elro inais appellent en ce nioiiiciit les liahitants do Terre-Neuvo. .f'admets nn instant, (|i!'ti(pie le fait no soil pas exact, (pie nous n'ayons pas le droit de pMier le honiard sur le " Krcneli Shore,'' il ne s'ensiiiviiiit niillenient que les Anglais auraiunt le di-oit d'ox(>rcei' cette peehe, (Tn"*s hi(!n ! 'IVi'-s liicn ! ) liC (ioiivernemont Anglais, d'nne ])art, ne ,'oit pas tolerer la (U's const ru(;ti(nis dVtahlisHeinenls perinanents. O, les hoinarderies Anirlaises, a la diUV'reiice des hoinardenes Fran(;aises, sont toutes p«irnianentes. D'autre part, le (loiiverneinent Anglais s'esf i'ornielleinent engavi- ii ne pas permettre (pie les |HVhenrs |{ritanni(pies trouhlass((nt par la eoneiirrenee, d'nne fa(;on (luolconqiie, les opi'irations (h* pi'che do nos inariiis a Tcrni-Ncnve, Or, les honiardiers (le Terre-Neuve pratiquent leiir indnstrie dans des conditions telles que non seiilement ils tronhlent les opi'rations de nos p(''eh(Mirs, inais ((u'ils les rend(!iit impraticahles, impossibles. I'ln eiret, ils placent a Tentive des bales des casiei-s en hois grossii'rcinent faits, pour prendre les liomnrds. Cos easiers aeeroclwMit et di'ehirent au passjige les sennos et les filets d«> nos p/^Kthciirs, et les rendent inutilisables ; d'autre part, en (Hablissant a rentn'-e des baii^s, soit des trappes |>our ein)K^eh(!r hi saumon de s(n'tir, soit dos easiers, ils einp(''ehent la inoruo d'cntrer (lai\s les bales du " l-'rencb Shore ;" ils rolVrayent et la inoriie gagni; les bas-fonds ou il devient impossible de la prendre. II fant savoir que la inoruo, a incsur(> (jn'elle roniontc vers ledcHroit dn Labrador, sentant le fond dimimicr, devient tnXs nwillante et qu'il faut (pie le eapitaine ebarMr le [loissoii et I'erapf'cbent d(> peinitrer dans les bales. Ainsi done, si on se ]>lacc sur le terrain du droit. Ic tiouverneiiKMit l-'rani/ais (h^vrait — ec sorait son (h-voir strict et absoln- lain; siippriiner toutes les homarderics Anglaises ot I'airo intiTiliiv la lU'clur du homanl, piiis(pie telle qn'oUe est ])rati(iu»''e elle eonstitiie line g("'ne et nnc enlrave a nos operations de ^uVbe. Quoi qu'il en soit. ccmimo )(> I'ai expli(pi('' tcmt a I'lieurc a la Cbambre, on 188H le droit (jxclnsirdcs pccheiiis Fraiu/ais av.iit (Hi- proclaiiK'- par le Gouvei'iumient Fraiu;ais, il avait et»'( respccti' par le (Joiivcrnement Anglais liii-nu'me. II n'en a inallieiirenscment pas ^H^'' dc mr>mc en 1SH9. Kn IHSS) c(munc en 1888, Ic Ministn^ dc la Marine s'est adress(' a M. 'riiiibi'' et liii a demandt'' (lr> rccomnumeer les cxpi^riences (pi'il avait I'aites tivoi'. iin ri'sultat satisfaisant raniu'-e pri^ei'dente. VjI\ 1889 eoinme (,'n 188S, M. Tbube s'est mis dans la main de rAdministnition. II s'est rendu sur les points qui out ('tt'> arivt(''s d'un eommun accord, et il y a exered son indnstrie dans les conditions tpii out etc dtHc-rmiiu'es et s])eeifit^cs. Mais en 188J), a la dilTerence dc ei; qui s'est pa8si> en 188S, qiiand il a ri'iclanuj le roncoiirs de la division na\alc Fraiu;aise, quand il a signab' I'l'tablissem'-mt des J)(*>clieurs Anglais (Hablis h cAte de lui et qui lui rendaient impossible, impratieablc, i'exereiee de .son indnstrie, le Commandant di; la division navale a du n'pondre qu'il n'avait pas d'instruetions sullisanti's ct (pi'il no lui ctait pas pcrmis de proctjdor a I'cxpulsion des p^'cbeiirs. Et ])oiir sc rendr(> eompti! dc rctendiie du pri'ijiidice eausi'- par ectto deeision, par cette abstention du Commandant de la Division Fmm/aiso, par ce refus de I'aide et de rassistanee promises, il fant savoir (iiie la constitution di?s bales do 'rerro-^euvc est telle qu'il est materiel lenient impossible que deux armateurs, fusseut-ilf dc la ineme nationaliti^, y oxereent ecmeurremment la p«'»che. I. H '■^ v^ [ IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 1.1 m m us us li L. 1. 2.0 140 1-25 HI 1.4 I 1.6 "*■ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 1 i 'J ■i 15 "f i' ' .1 J., I' I I f II I ^l 320 C'est sur cettc nccossite absolue, contr6lee par unc experience plus que scculaire, qu'ost basde rcconomie de tous les Ddcrets, jusqu'au dernier, datant du 22 Mai-s, 1862, actuellement en viguour, qui ont reglemento la peohe sur les c6tes de Terre-Neuve. Par consequent, en avitorisant la concurrence du pecheur Anglais vis-a-vis du pecheur Eran9ais, on ne rendait pas moins fruetueuse les operations du p^'chcur Pran^ais, on les rendait ahsolument impossibles. .T'ai sous les yeux les lettres, les reclamations, ot les protestations du Commandant de Peclie envoye par M. Thubc, le Capitaine Philippe. II 6crit au Commandant de la Division Navale Francaise de Terrc-Neuve, aux Commandants de nos diff^rents croiseurs, le " Drac," le " Bisson," &c. ; il reclame I'aide et I'assistance promises, il signale les agissements qui tendent a provoquer des rixes entre les hommes de son 6quipage et les hommes employes par les homarderies, qui sont en plus grand nombre et deviennent provoquants ; il indique que la situation est si defavorable que, fait sans l)recedent dans les annales do Terre-Neuve et que les plus vieux p6cheurs nc sc rappelaient pas avoir vu, I'equipagc Frangais ne pent pccher assez de poisson pour amercer les hamecons et memo [)our nourrir ses hommes. Et cela se resume dans cette exclamation meiancoliquc d'un homme do Terre- Neuve : " Je n'ai jamais eu jjIus d' Anglais sur le dos et moins de poissons dans Ic ventre." Aux protestations, aux reclamations de M. Philippe so sont jointes les lettres adressecs par M. Thube aux Miuistres de la Marine et des Affaires Etrangferes ; le Ministre do la ^larine renvoie au Ministre des Aifaires Etrangferes; cc dernier ne repond pas. Aux protestations de M. Thube s'ajoutent les deliberations des Chambres de Commerce de Nantes et de Saint-Malo. Cependant, a la suite des reclamations de M. Thube ou de son capitaine, la division navale Francaise etait venue stationner devant la baic ou M. Thube exerjait ses operations; mais, h la nouvelle que la division Anglaise approche, la division Francaise 16ve Tanere et dispaitiit a I'horizon. (Mouvements divers.) Immediatement apparalt la division navale Anglaise. C'est d'abord le Capitaine Walker, k bord de " rEmeraude," qui adresse une premiere sommation, que j'ai ici, au Capitaine Philippe, d'avoir a cesser des operations de pechc qui constituaient, d'aprfts lui, uue concuri'ence illicite aux pecheries Anglaises. Le Capitaine Philippe ne tient pas compte de ces avertissements. Arrive; le Commandant Russell, a bord du navire le " Lys," do la Marine Royale Britannique, qui adresse une sommation nouvelle au Capitaine Philippe. Celui-ci repond avec moderation mais dignite qu'il ne connalt que les offlcricrs do la division Francaise, qu'il ne doit obeissance qu'a eux, qu'il est la en vertu des ordres de son patron, conforme- ment aux instructions de son Gouvernement, et qu'il ne quittera son poste que lorsqu'il en recevra I'ordre ecrit des o£&ciers Fran9ais. Le Commandant Eussell fait alors debarquer des hommes de son equipage et enlever les engins de pfiche. La Chambre mo rendra, je I'espfere, cette justice qiu> je ne cherche pas a passionner le debat, que je me renfenne dans la discussion calme ot impartiale de nos droits. (Tr^s bien ! trOs bien ! sur divers bancs.) Mais il ra'est impossible de taire le sentiment que j'eprouvc! et que, j'en suis sAr, vous eprouvez tous (Tres bien ! tr5s bien !) au spectacle de la division navale Frangaise levant I'ancre a I'approche de la division navale Anglaise, comme si elle n'etait plus sun; de la legitiinitc de I'action (ju'elhi est appelee a exercer h Terre- Neuve, eomnie si ello avait perdu eoniiance ot dans sa force vt dans son droit ; au spectacle, aussi, d'un capitaine de la marine niarchande mis dans un poste qui a ete designe par le Ministre de la Marine — j'ai les pit>ces a mon dossier — qui repond que, place la par son Governement, il nc pent se retirer que sur les ordres de ce Gouverne- ment, et qui est ol)lige ncanmoins de subir la mainmise etrangere. (Trt^s bien I tr^s bien !) Je n'insiste pas, Messieurs : mais de I'ensemble des faits que je viens d'exposer, il me semble resulter avec evidence que le Parlement de Saint-Jean de Terre-Neuve suit un plan methodique et raisonne pour arriver a uu triple resultat. D'abord il vcut expulser compltitement et definitivement les Fran9ais de toute I'etendue du " Frencli Shore." II vmt ensuite, en nous rendant impossible de nous procurer I'appAt, riu'ner et aneantir nos pecheries sur le banc de Terre-Neuve. 11 veut enftn supprimer la conciu'rence que la morue Fran9ai8e fait sur certains marches de I'Europe h la morue Anglaise. En 1887, I'applicatiou du " Bill-boet " a etc le premier pas dans cette voie. II a ete, suivant I'expression d'un orateur du Parlement de Terre-Neuve qui s'est fait h co d(!sire si6cle iiiut q il faut s I'exposjJ si clair, si complet, que vient de faire M. Floureus de la question qu'il s'dtait propose depuis longtemps de m'adresser, il me semblc que j'aurais Ic droit d'y repondre en trds peu de mots. Jc n'ai, eu effet, rien u apprendre a la Cbanibre de plus que ce que vient do lui enseigner mou honorable collogue et preddcesseur au Minist^re dcs Affaires ■fitrangc^res. II a rcpris la question dans ses origines, 11 I'a suivie dans scs dcveloppements ct ftnalement il I'a amende au point oil nous en sommes, pour me poser la question qui rint^resse. Cependant, en suivant ces dcveloppements, en les dcoutant avec I'attention que merite I'orateur, je me suis trouv6 en dissentiment avec lui sur plus d'un point. II est dans cette afPairc des c6tCs qu'il a volontairement nCgligCs, ou plut6t qu'il a laissCs dans I'ombre. II en est d'autres, au contraire, sur lesqucls il a plus particuli^rement insists. Ces points toucbent a des questions d'une nature extreme- ment delicate, et je dimi sans ddtours que I'bonorable oratcur jouit de plus de Iibert6 que je n'en ai moi-merae pour les discuter dans tons leurs Elements. La question des pecheries dc Tcrrc-Neuve est tr^s ancienne. L'bonorablo M. Flourens a rappele que, depuis le Traits de 1713, bien que nos droits n'aient jamais 6t6 contestCs tbeoriquement — car ils ne peuvent pas I'^tre sur le terrain des principes — il y a eu constamment dans la ])ratique des incidents de fait qui ont amend des contestations i)ouvant aboutir memo i\ dc vcritables conflits, mais qui se sont toujours jusqu'ii, present, grilce aux dispositions conciliantes des deux Gouvemements, terminees par des solutions a I'amiable. Tr6s vraisemblablcment, tant que la situation actuelle dui'cra, les memos causes de contestations subsisteront ; mais il faut espdrer qu'en y apportant de part et d'autre un dgal ddsir dc conciliation, les memes solutions amiables rdussiront a prevaloir. Ce droit de pecbe qui nous appartient h Terre-Neuve est une sorte d'usufruit dont nous jouissons dans un pays qui ne nous appartient pas, sur lequel nous n'avons pas une plcine souverainetd, aux termes des Traites. Nous n'allons a Terre-Neuve que pour y exercer — je me servirai d'un mot Anglais, bien que I'usago de cette langue ne me soit pas familier (liires) — notro droit de "fisbing," que pour y iiecber et seulement que pour y p6cber et cela pendant la saison, juste le temps ndccssaire, passd lequel nos pecheurs doivent rentrer cbez eux. A cet egard, les dispositions des Traitds sont formelles. Pendant tr^s longtemps, pendant plus d'un siftcle, depuis le Traite d'Utrecbt, les parages de Terre-Neuve ou le droit de p6cbe nous est reserve ont etc ainsi dans I'ocean Atlantique et dans le golfe Saint-Tiaurent comme une sorte de domaine special, qui n'ctait en quelquc sorte babite, frdquentC, que pendant la saison de la p^cbe. Un Membre a Droite. — Cost encore aujourd'hui comme cela. M. Riotteati, — II s'agit du grand banc. Le grand banc n'est pas Terre-Neuve. M. le Ministre des Affaires Etranyeres. — Cependant personne n'ignore que la colonic de Terre-Neuve, car il ne s'agit aucunement des bancs, a pris un ddveloppement considdrable, surtout depuis les derniers Ti-aitds, ceux de 1816, qu'il y a aujourd'hui a Terre-Neuve toute une population fort active, tr6s industrieuse, et meme ambi- tieuse. M. Riotteau. — Elle n'a aucun droit sur le grand banc ; c'est un terrain neutre. M. le Ministre. — Qui supportc difficilement toute esp^ce de voisinage; et je n'apprendrai a personne, pas meme h ceux qui n'ont pas I'habitude d'aller h Teree- Neuve tous les ans, que cette population professe hautement la doctrine que Terre- Neuve appartient ou doit appartenir — jc ne dis pas aux Anglais, ni aux Franpais — mais aux Terre-Neuviens. ! M. Riotteau, — Le grand banc n'a rien u voir dans la question, c'est des rivagcs mSmo du " French Shore " qu'il s'agit. M. le Ministre. — En effet, et quoi qu'il en soit de la doctrine en question, les Traitds subsisteront toujours dans toute leur intdgritd, quelle que soit la destinde politique de Terre-Neuve. Nul ne pourrait songer h violer les droits de la France sans s'exposer Ji de justes et ndcessaires revendications. Personne ne pent avoir une pareille id^e. 323 igees, (16» itions qui nents sur .6 si clair, }s6 depuis 1 trfcs peu ,e vicnt de 9 Affairea lements et lestion qui ention que int. plut6t qu'il il a plus e extreme- 3 de lil)ert6 L'honorablo dent jamais cs principcs amend des )nt touiours ,s, terminees emes causes rt et d'autre ivaloir. isufruit dont n'avons pas •-Neuve que e langue ne pecber et ndcessaire, positions des 'Utreciit, les 6 ai)isi dans de domaine saison de la e-Neuve. |U0 la colonic iveloppement lujourd'hui ii Imeme ambi- Jjrrain neutrc. linage; et jc laller h Terre- le que Terre- [x rran9ai8 — It des rivagcs question, les It la destinde Ji de justcs et II u'cn est pas moins vrai qu'il est absolument impossible de ne pas tenir compte d'un phcnom^no relativement moderae, et dont les consequences sont loin d'etre ^puis^es, jo veux parlor do I'accroissement de la population de Terre-Ncuve, des appdtits et de I'ambition de cette population ; et la preuve quo vous fetes obligds d'en tenir compte, jc le trouve dans cc fait que les ndgociations dont a parld M. Elourcns, que nous avons engag(5es avec I'Angleterro en 1885, qui avaicnt obtenu I'assentiment du Gouvernement do la Reino Victoria et qui etaient annoncees commo devant mcttre fin k des difflcultes datant do plus d'un si6cle, ont finalement ecbouo parco qu'elles se sont beurtdes b, la resistance du Parlement local de Tcrre-Neuvc (exclamations et rumeurs sur un grand nombre do bancs), rosistanco dont le Gouvernement de la Mdtropole n'a pu triompber. (Interruptions i\ Gauche.) M. Burdeau. — Nous ne pouvons pas admettre une theorie semblable. Plusieurs Membres a Gauche. — Nous ne pouvons done pas nous faire respecter. M. le Ministre. — Cost assez vous faire voir, Messieurs, que toutes ces questions sont complexes. M. le Provost de Launay. — Nous ne sommes pss defendus h Londrcs pas plus dans cette question que quand il s'agit des bestiaux. M. de Lamarzelle. — Tous vos prdd(5cesseurs ont fait respecter nos droits. M. le Ministre. — J'etais oblig6 de faire remarquer a la Chambre quo la question des pfecheries de Terre-Neuve a revfetu un caract^re different de celui qu'elle a longtemps pr&ente. Si vous ajoutez k cela un evenement qui s'est produit il y a trois ou quatro ans et qui a change en quelquo sortc la nature et drs a tenir un pareil langage. Je me suis informe ct voici ce qui m'a etc rcpondu. II resulte d'um; Icttre adresseo par le Premier Ministre de la Reine h I'Ambas- sadcur de Ji'rance ii, Londrcs qu'on n'a trouve nulle trace, ni au Colonial Office ni au Foreign Oflice, d'aucun avertissement formcl qui aurait 6t domaino uont. Lc rre-Ncuve, Gouvcriic- it a la faire 5 qui pout isson ct Ic d'eu vcnir 19 pratique, lettez cetto iSson, on le s laisso vicn •6t, avec des KC moment; puis quelque t riiouorablc nprudcnt do ;ions ctaient lessieurs, ces quo toutc xmens f aits ji Eux I'ajouter 6clamarions lusion, c'cst on, m'a tait arrive cctto ec le bincero a campa<^nc tion avec uu n'aurait plus de savoir si, ions emanant ,e. Jc me 10 a I'Ambas- Ofiice ni au mmandant do prcssions que Jo vous faia pourrait plus par TAmbas- Hetait cu vertu Vaucunc trace Sur divers bancs. Tormel ! M. le Minislre. — Quo voulcz-vous quo je vous disc ? Ce sont les paroles du Premier Ministre. Jo no pcux pas repondro u sa place ct me servir d'autres expres- sions que celies qu'il a employees. Aucuu avertissement formol n'a 6te donn6 par le Commandant de lo station navale do la Grande-Bretagnc, soit au Commandant de M. Tlmbe, soit li un autre citoycn Eran9ais, pour leur interdiro do reprendro cette annde lours operations de p6che de liomard. Puisqnc aucun avertissement dans co sens n'a dte donnd, jo revoque en douto le point special, le fait particulier sur Icquel M. Thube avait appele mon attention. Je dis que lo propos qu'il m'a rapporte n'a pas 6t6 tcnu, ct j'en conelus que la situation, pendant I'anndo 1800 sera la m6me que cello des annecs antdrieures. M. de Lamarzelle. — ^Alors nos nationaux no seront pas protei^ds ? M. le Ministre. — Los avez-vous trouves proteges lorsque le Commandant Rcculoux a fait disparaitre les houiardcries de Mr. Murpby ? (Interruptions t\ Droitc.) Un Membro a Droite. — Et lo Commandant Mardcbal P M. de Lamarzelle. — Qui, nos nationaux ont 6te proteges sous vos preddccsseurs. Au Centre. — Laissez parler M. lo Ministre ! A/, le Ministre. — Je no desavouo nuUement ce quo mcs pi-edecesseurs ont fait ; je ddchie, au contraire, que, bien loin de rdpudior les instructions do M. Goblet et de M. llourens lui-m^mo, je les conflrmo, je les reprends et j 'assure que celies que j'enverrai sorout con^ues dans les m6mes termes. Qu'attendez-vous dc; moi, et que voulez-vous que je vous disc de plus ? (Inter* ruptions il Droite.) Vous no voulcz pas me laisser parler ? M. de Lamarsclle, — Vous avez fait le contraire ! M. le Ministre. — NuUement. Au Centre. — No repondez pas ! M. le Ministre. — D'ailleurs, Messieurs, pourquoi no vous le dirais-je pas ? Si vous m'interrogez comme Ministre do Affaires fitrang^res, vous ne pouvcz le faire que sm* rinterpretation donnco aux Traites ; si, au contraire, vous voulez m'interroger sur les faits, les incidents qui sc produisent a Terrc-Ncuve, sans decliner aucuno responsa- bilite, sans renier en quoi quo ce soit ma solidarite avec M. le Ministre dc la Marine, jo vous fais observer que co n'est pas ti moi, mais au chef do I'officier quo vous incriminez quo vous devez vous adresser. (Mouvoments divers.) Sur divers bancs. — Vous avez raison. M. Bar bey (Ministre de la Marino). — Je dcmande la parole. M. le Provost de Launay. — Votre Ambassadcur est d'une faiblesse remarquablc dans la defense des interets de nos nationaux. M. le Ministre. — On me dit que 1' Ambassadcur de France est d'unc faiblesse remarquable dans la defense des interets de nos nationaux. Messieurs, il dtait Ambassadeiur sous les Minist^res anterieurs; il a re^u les instructions des Ministrcs qui m'ont precede, comme il a re9u les miennes, et ces instructions n'ont pas varie, je dii'ai memo qu'elles ne peuvent pas varier. II n'est pas de Ministre des Affaires fitrangtires qui puissc laisser mettre en contestation le droit de la France. Co droit est absolu, sans restriction, et il ne pout s'exercer que dans des conditions parfaitcment prevues. Voilii pour la tbeorie, v.t M. Flourens a parfaitcment cxposd la question. Mais, en fait, I'exercice de co droit a constammont donno lieu a des contestations, il des conflits, qui out 6t6 beureusemeut resolus i\ ramiable. En 1885, on croyait etre arrivd ii vine solution generalc, h un arrangement definitif : loin de lii ; dc nouvcUes difTicultds ont surgi qui out motive do nouvelles ndgociations, lesquelles se poursuivont, et puisqu'cm a prononcd le mot d'arbitragt. — ce que je n'aurais peut-etro pas fait — 11 n'est pas impossible, en effet, qu'il devienno neccssaire pour tranchcr cette question de recourir u uu arbitrage. (Mouvoments divers.) Sur la question qui nous divise, les uns disent oui; co sont les Eran9ais; les autrcs disont non ; ce sont les Anglais. Dans ces conditions, il faut bien admettro qu'il pout convcnir, qu'il est meme expedient et avantagcux de recourir a un tiers arbitre. (Interruptions sur divers bancs.) Siuon, Messieurs, ti qui done laisseriez-vous la parole ? Je vous mots au d<5fi, vous qui m'interrompcz, de lo diro. (Mouvement.) Non ! Vous n'osericz pas le dire. (Tr6s bien ! trc^s bien ! au Centre.) II ii'cst personne ici qui puisso admettro (jue si lui arbitre, designe d'un eommun accord par les deux Parties, acceptait la mission de traneber la question pendantc entre la Fi-ance et I'Angloterre, quelqu'un pAt songer ii sc dcrobcr fl la sentence prononcce. I'" Cv. :■ !■■ \ i i^' i' ) i l. H; ■ ■■. f . 1 i : 1 i : 1 L Si Ton doit en arriver l»i, Messieurs, ot jo n'envisage ce fait que commo une hypoth6sc, si I'on doit en an'ivcr 1&, dii moins faut-il quo Ics ndgociations so poursuiveiit cntre les deux Gouverncmonts, ct en attendant jo no puis quo vous diro que les instructions seront maintenues, conformes fi celles qui ont 6t6 donndes jusqu'ici, ot que nous veillorons, coramc par le passe, ii donner aux armateurs toutes les garantiea qu'ils ont le droit dc nous dcmandor. A Droite. — S'il en est ainsi, les armateurs n'enverront personne 1 M. le Ministre. — Est-co que ce sont Iti des questions quo Ton pout rdsoudro )\ la tribune? Quant aux questions de fait, Messieurs, elles no peuvout 6tro d6battuos dans cette enceinte. On no pent les apprecier que sur place. Jusqu'ii ce jour, les armateurs sont allds h Terre-Neuve exercer leur industrio sous leur rcsponsabilit^. (Interruptions il Droite.) M. Jules Delafosse. — Non I ils sont alios i\ Terre-Ncuvo sous la protection du Gouvernement Fran^ais ! M. le Minixtre. — lis y sont alles avec une juste confianco dans la protection quo leur a toujours accorddo le Gouveniement Eran9ais; pourquoi n'aui-aient-ils plus confianco dans cc Gouvernement, puisque aucun fait nouveau ne s'est produit ? M. Thub6 ne nous a, en effet, apportd qu'un seul fait, k savoir qu'un Capitaine de la marine Anglaise aurait dit a. I'un de nos capitaines do p6clie : " Vous ne reviendrez plus I'annde procbaine. Mes instructions m autorisent k vous lo di^'claror." Or, on ne trouve aucune trace dc ces instructions. Est-ce que jo no dois pas m'en, tcnir i\ la declaration de notre Ambassadour h Londres ? D6s I'instant que jo vous apporte ces declarations sur lo fond, vous ne pouvez paa me conduire i\ envisager ici cette affaire par le menu detail et k dire si le Gouverne- ment prendra des mesures pour que tels ou tels casiers soient places ou non ddplacds. Ce sont la des questions de fait (mterruptions sur divers bancs), et ce n'est pas k cette tribune qu'on pent discuter des questions de ce genre. M. Millernnd. — II fallait commonccr par dire cola. M. le Ministre. — II n'est jamais trop tard pour bien faire. M. Elourens m'a pose uno question sur les instructions que jo compto adressex aux Commandants de nos croiseurs, de concert avec le Ministre de la Marino ; jo lui r^ponds quo ces instructions sont les memos qu'k I'^poque oii 11 avait I'honneur d'6tre Ministre des Affaires fitrangercs. II m'a demand^ si jc tiendrai la main a ce que ces instructions soient ex^cutdes ; je lui r^ponds que j'y veillerai avec la plus grande fermet^. Maintenant j'ajoute, conform^ment k ce qu'il a dit lui-meme, quo des ndgociations sont actuellement engagees avec le Cabinet de Londres, et j'ai confianco qu'olles aboutiront k une solution satisfaisante. Dans ces conditions, la Chambre voudra bien cloro le debat : car elle peut s'en rapporter h la vigilance avec laquellc le Gouvernement n'a jamais cesse de ddfendre les droits de la France. (Trt^s bien ! tr6s bien ! au Centre et h Gauche.) M. le President. — La parole est h M. Elourens. M. Flourens. — Messieurs, je remcrcie M. lo Ministre des Affaires fitrang^res des explications qu'il a bien voulu apporter k cette tribune, et je suis heureux de constater que nous sommcs absolument d'accord et en parfaite conformity d'idees ct d'intentions en cc qui concernc la sauvcgardc des droits sur lesquels j'ai I'lionneur d'appeler sa vigilante attention. Cependant, dans les observations qu'il a presentees, il est deux points qu'il m'est impossible de laisser passer sans protester. Le premier concerne I'opinion 6mise par M. lo Ministre des Affaires fitrangtiros relativement a la nature des droits qui nous appartiennent sur le " French Shore." II a dit que nous n'avions pas de droit dc souverainetd i\ exercer sur cette cAte. ■ Je crois que c'est la une en-cur de droit, et uno erreur de droit capitale. Les Traites que je citais ct dont jc rappelais le texto tout i^ I'lieurc il la Chambre nous ont donnd certains droits sur le " French Shore ;" et par la memo ils nous ont donne — sans quoi ils eusscnt 6te aussi frustratoires qu'illusoires — les moyens de fairo respecter ces droits. (Tr6s bien ! tr^s bien ! sur divera bancs.) Les Traites nous ont donne sur le "French Sliore" la possibilite d' exercer certaincs operations de peche, et par la memo ils nous ont investis des droits de police necessaires pour assurer Toxecution de ces operations dc poche. C'est ainsi quo nous possedons sur le" French Shore " une part de souvcraincte. (^Tros bien! tr^s bien! sxxr divers bancs.) Oui, la Franco pendant la saison ou la pcclic est e.\cvci;c a uu droit de souverainet6 sur lo " French Shore,' et c'est a co litre quo nous pouvous y envoycr une division 327 ttmo uno itions 86 jrous diro jusqu'ici, garanties udro j\ la dfebattues e jour, les onsabilit^' tection du ection que nt-ils plus it? I Capitaine "Vous ne ddclarer." is pas m'eni pouvez pas 5 Gouvcrne- 311 ddplac68. i pas h cette ipto adressei rine; je lui iiineur d'etre t ex^cutees ; ndgociations mco qu'elles lie peut s'en do ddfendre raugferes des de constater d' intentions d'appeler sa ts qu'il m'est ;s fitrangftres li Shore." II (te. lie. . la Chambrc lis nous ont lyens de faire lite d'cxcrccr loits de police linsi que nous ' tr^s bicnl fi souvevainet6 unc division navalo ; c'est ii co litre que nos diviHious navales evohient dnns les eaux du " French Shore," comme dans les eanx territorialos Eran^-aises ; cVst ii ce titro que nous pouvons debarqner sur lo " French Shore " d(>s honimcs on armes, que nos ofliciers bosoin, nos nationaux, comme les titro qu'ils Ic font en cas do ddlit titre (|ii'ils pouvent supprimer tout le " l"'rench Shore :" c'est a ce titro peuvent y descendre pour arretcr, en cas do nationaux Britanniquos eux-m6mcs. C'est u ce de peche, et qu'ils I'ont toujours fait. C'est a ce dtihlissemont permanent qui serait construit sur enfln qu'ils y posstMent un veritable pouvoir de juridiction indeniable et indcnid. D(>s lors, quel besoin avons-nous de nous adrcsscr aux Anglais quand nos droits sont mdconnus ? Cost a nous ii Ics faire respecter. (iVpplaudissements a Droite et sur divers bancs j\ Gauche.) Nous n'avons ])as besoin d'engager des negociitions arcc le Gouvernement Anglais, et M. le Ministre des Affaires l']trang»'>res a inal lu lo discours qu'il a cit6 et que j'ai eu I'honneur de prononcer devaut lo Senat on reponse a M. I'Amiral Veron. Je n'ai pas dit quo j'avais engage des negociations, mais que des negociations avaient 6t6 engagees en 1885 pour arriver i\ des moditications nouvelles a introduire au droit resultant des Traitds ; qu'en co qui concernait les atteintes signalees contre nos pecheurs de la part des in'chcurs do Terve-Neuve, je m'etais adresse il mon collogue do la Marine et que j'avais combing; avec lui les instructions necessaires. Cela veut-il dire que j'aie jamais penso que nous devious avoir i\ Terre-Neuve unc action isolde et independante de toute entente? Cola veut-il dire que je critique la conduite suivie par M. le Ministre des Alfaires Ktrangi'-res quand il proi)ose de soumettrc a I'examen du Gouvernement Anglais et d'etudier de concert avec lui les difficultds de principe qui peuvent se produire ? Loin do la. Je comprends parfaitement que nous ne pouvons pasvivro sur lo "French Shore" dans un 6tat d'hostilit6 brutale et violente avec lo Gouvernement Anglais. Le Gouvernement Anglais ne I'a jamais desire et les instructions qu'il donne aux offlciers qui commandent la division navale Anglaise n'ont jamais consists k leur cnjoindrc de so mettre en hostilito avec les offlciers do la division navale Frangaise. Cos instructions leur ont ordonne, au contraire, de conserver uno entente aussi cordiale, aussi intime que possible avec les Commandants de notre marine. De notre c6t6, je suis convaincu que M. le Ministre de la Marine donnera toujours h. nos offlciers, comme premiere instruction, de maintenir une entente aussi complete que possible avec les offlciers de la division navale Anglaise, qui, i'ai eu I'occasion de le constater moi-m6me, apportent dans leurs rapports avec nous la plus grande courtoisie. Mais, Messieurs^ cela n*omp6chc pas que lorsqu'une atteiute de fait est port^e &, nos nationaux, nous ayons le droit do la faire cesser meme manu militari. Ainsi, dans I'esp^cc que j'ai portee tout a I'heure a cette tribune, dans I'espt^ce du Sieur Thub6, ce qui a donne naissancc a tout I'incident c'est la concui-rcnce emanant d'un p6chcur Anglais, le Sieur Shearer, h. I'egard de I'exploitation do Thubd. Or, ce p^cheur Anglais etait installe dans une construction permanente, unc homarderie qui appartient h. un national Fran^ais et qui, par consequent, est construite en violation des clauses du Traitd d'Utrecht. A aucune dpoque, toutcs les fois que le Gouvernement Anglais nous en a prdvenus ou que nous en avons etd avises de toute autre fajon, nous n'avons tolero que nos nationaux conservassent des habitations permanentes sur le " French Shore." Sommes-nous desarraes et devons-nous permettre cette grave infraction aux Traitds par ce seul fait qu'elle profite i\ un Anglais ? Est-ce parce qu'elle est louee a un Anglais, a un industriel qui nous fait une concurrence illegale et illicite, que nous dcvons tolerer une construction permanente et, par suite, contraire aux Traitds ? Non, certes. Mais ce sont Ifl des questions de police, ce ne sont pas des questions de ndgociations. II faut en outre bieu se rendre comptc de la nature des faits et des necessitds qui s'imposent a chaque Gouvernement. II est de toute dvidence, dtant donnde la politique que le Gouvernement Anglais suit vis-ii-vis de ses Colonies, et en particulier vis-a-vis de ses Colonies du Nord do I'Amdrique, que, quelquo claires, quelque lucides, quelque limpides que puissent 6tre les clauses d'un Traitd, quelque favorable 5, nos prdtentions que puisse 6tre la ddcision d'un arbitre, jamais le Gouvernement Anglais n'assumera vis-a-vis de ses Colonies I'odieux de supprimer, d'entraver, une Industrie qui, comme je vous lo faisais remarquer tout k I'heure, se chiifre par des millions do bdndfice. En effet, des gens d'une compdtence reconnue m'ont affirmd que I'industrie des conserves de homard pouvait rapporter 10,000,000 fr. par an. S'il s'agit d'une somme aussi importante, il est, je le rdpfete, de toute dvidence quo le Gouvernement Anglais "«• ■; m PI il'. 1 i '' m % f, %. ! i ti^ 111 if 111 I, "•I! I m 328 n'aKsumcra pas rodieux do fniro cesser la concurvpiico Anglnise nt si, on ])reseaee tU? I'inaetion d(! la station navaie d'uno ))art, des cmpi6tements Anglais, d'autri*e8, j'dprouvcrais quoluue difficult^ h donner la parole 2i M. lo Ministre do la Marine. (Asscntimcnt i\ Gauche!) Un Membro & Droito. — C'est la ruine des armateurs I Interpellation adress^e a M. le Minittre des Affaires Etrangeres. M. le Pre'sident. — M. La Chambro domandc i\ transformer on interpellation la question qui vient d'6tro pos4o par M. Vlourens & M. lo Ministre des AiFaires Etrangeres. II s'ngit do fixer lo jour ofi cotto interpellation sera discutcc. Sur plusieurs bancs. — Tout de suite ! M. le Pre'sident. — II n'y a pas d'opposition i\ la discussion immediate ? Un Membro. — A un mois 1 (Exclamations.) M. le President. — On n'insiste pas pour lo renvoi u un mois ! (Non I non !) La parole est ti M. La Chambro. M. La Chnmbre. — Messieurs, je no vcux pas retenir longtcmps I'attention de lo Charabrc. D6jil la question vient d'etre parfaitemont 61ucid<5e par I'lionorablo M. Elourens. Mais il me scmble que nous nc pouvons, & aucun prix, kisser nos armateurs dans une indecision, dans uno incertitude do laquollo ils ne savent comment sortir aujour- d'hui. (Tri^s bien ! tr6s bien ! i\ Droito.) On vient, Messieurs, do tirer a riI6tel de la Marine, h Saint-Servan, les places qui sont atfoct^es h chaque armatcur pour allcr excrcer son industrio soit de la pechc de la morue, soit de la p6che simultan^e de la morue et du homard sur les c6tos qui nous sont rdsorv^s par les Trait^s. Or, les places ayant ^t et t'ennet^. )artagera mon }so de la mfime »lcs que viettt a Cbambro un I Lamarzellei sur les droits yuve, ct passe ionsrordredu 881 M. le Pr/sident. — L'ordro da jour pur ot simplo est domftntW ; 11 ft la priority. Jo lo mots niw voix. (L'ordro dii jour pur ot simplo, mis n\\\ voix, cHt adopted.) No. \66. Foreign Office to Colonial Office. Sir, Forelijn Office, Jnnunrij 22, IHOO. r AM dircotod by tiic ^Marquis of Salisbury to state tbat tho Secretary of tbo Frcncli Kmbassy railed at this (JlUee ou the 21st instant and observed that it eould scarcely now be hoped that tho proposed arbitration with respect to tlic; lobster llshery in Ntjwfoundland could be bmught to a close before the eonune\u'einei\f ot \\w tishing season, and that it therefore secMned desirable, in tho interest of all parties, that some modus vivmdi should be amvcd at for the next season only, and pending tbo Nottlemont of the question at issue. ]M. .russerand aecordinujly communicated tho accomiMinying sketch of tbo bases on which such an arrangenicmt mi!j:bt bo made, asking that it might bo examined, and tlmt bo might receive an early reply whether it was accei)tablc. I am to request tbat you will lay this communication before Secretary Lord Knutsford for his observations, and that you will move his liordship to favour Lord Salisbury with bis opinion as to the answer which should bo returned to it. I am, &o. (Signed) T. H. SANDERSON. Inelosure in No. 165. Sketch of Bases. LA question de principe et les droits rcspectifs dtant entiftrement rc'-acrvc^s de part et d'auti-e, on pourrait convenir pour la saison prochaine du maintien du statu quo sur les bases suivantes : — Sans que la Franco demande dfts aujourd'bui un nouvel examen do la I4galit(5 de rinstallation des bomardories Anglaiscs sur le "French Shore," il sera ontendu qu'aucune moditleation ne sera apportde aux emplaeements oecupds par ces dtablissements ii la date du 1" Juillet, 1889. Par eontre, aucune concession nouvelle de pficlie de homard ne sera accord6e cette annde par le Gouvemement Fran9ai8 sur les fonds ocoup^s par les sujets Anglais antdrieurement au 1" Juillet, 1889. Toutes les fois que les pficlieurs Fran9ai8 de bomard so trouveront en concurrence avec les pf^cbeurs de homard Britanniques, les Commandants des deux stations navales proc^deront sur les lieux h une delimitation provisoire des fonds de pScbo de bomard, en tenant compte des situations acquises par les deux parties. N.B. — II serait bien entendu quo cot arrangement tout provisoire ne serait valable que pour la campagne de p6cbe qui va s'ouvrir. Ambassade de France a Londres. (Translation.) THE questions of principle and of respective rights being entirely reserved on both sides, the maintenance of the status quo might be agreed upon on the following bases : — Without France demanding at once a new examination of the legality of the installation of British lobster factories on the " French Shore," it shall be understood that there shall be no modification in the positions occupied by these establishments on the Ist Julv, 1889. On the other hand, no new concession of fishery of lobsters shall be accorded this year by the French Government on the fishing grounds occupied by British subjects previously to the Ist July, 1889. fsito] sua l!| 't > i 'I '■« I I » \l ^4i: '!l t: 'I i. ( •4 (■■♦, i i : i'l ili^ :;tl ! I t I i 332 Whenever any case of competition may arise in respect of lobster fishery between the French and British fishermen, the Commanders of the two naval stations shoU proceed on the spot to u. provisional delimitation of the lobster fishery grounds, having regard to the situations acquired by the two parties. N.B. — It is well understood that this arrangement is quite provisional, and shall only hold good for the fishing season which is about to open. No. 166. Captain Sir B. Walker to Vice-Admiral Watson. — (Received at the Foreign Office, February 5, 1890.) Sir, " Emerald," at Halifax, November 1, 1889. I HAVE the honour to forward herewith the Report of tlio proceedings of Her Majesty's ship " Lily " at Bay St. George during the bait season of 1881). The method of regulating the fishery was similar to that adopted last year, tlie details being modified to suit the season. The French have undoubtedly profited by their previous experience, and are more suitably equipped, thus being in a better position than heretofore to obtain bait without the assistance of the inhabitants. As no doubt many vessels obtained bait from the Magdalene Islands and from the other sources mentioned in Commander RussoU's Report, should anything interfere with this supply, an influx of vessels may be looked for ; in this caso the residents will necessarily be much restricted in their operations, which may lead to disturbances. The results obtained with the bait brought from France will materially affect the subject, but I am unable to ai'rive at any conclusions as to the success or otherwise of it, owing to the conti-adictory reports received. The French " armateurs " are undoubtedly very much against incun-ing any further expense in the equipment necess".ry for the taking of bait. I am quite of Commander Russell's opinion the boats and dories of the inhabitants marked to prevent the robbery from nets, which sides. On visiting St. Geori^e's Bay ^t the end of the season I found the original estimate of the number of barrels cured by the inhabitants had been greatly exceeded, thus making the take of herring above the average, and it would probably have been still greater had not the herring been disturbed bv the seines on first entering Flat Bay. I have much pleasure in adding tliat Commander RussoU and M. le Capitainc de Frigate Roouloux worked in perfect harmony, the good understanding that existed, and the tact displayed by both, enabling the season to pass without any disturbances. I have, &c. (Signed) B. W. WALKER. as to the advisability of having and registered; it would assist is the chief cause of complaint on both Inclosurc 1 in No. 166. Commander Rtissell to Captain Sir B. Walker. Sir, " Lily," at Bay St. Georrje, May 31, 1889. TIIE liorring fishery in this bay having now come to its conclusion, I have the honour to submit the following Report for your information. As already reported in my letter of proceedings, Her jVIajesty's ship " Lily " arrived here on the 17th April. The herring had not then arri\'ed, nor were there any French vessels in St. George's. 2. The iirst French schooner arrived on the 28th April, and on the evening of the same day the transport aviso " Drac " anchored in the bay. She had been detained at St. Fiecro tlwough an accident to her machinery, or she would have arrived four days 333 y between tions shall ids, having , and shall n, Office, r 1, 1889. ings of Ilcr ist year, the md arc more bait -without ids and from Id anything this case the may lead to lly affeet the ' otherwise of ig any further ty of having vould assist aint on both the original itly exceeded, )robably have first entering le Capitaine tanding that without any WALKER. ay 31, 1889. usion, I have ready reported 3 on the 17th ch vessels in evening of the 5en detained at ved four days earlier. She is commanded by Capitaino de Fr(5gate Pierre Rcculoux, the same ofTicer who commanded her last year. 3. He informed me that the French Bankers had brought their first supply of bait from Franco, it having been obtained in tlie shape of " sardines " on tlio coasts of Spain and Portugal, and that tlioy had also received considerable quantities of herring from Nova Scotian and American schooners. Salted squid from St. Pierre was also used with some success. It is reported that several Fortune Bay the Bait Act, and ran cargoes of herring to and another forbidding all fishing hours of 8 p.ii. and i a.m. On the 9th May I roffards the prohibited hours, and from this date some success. and other south coast schooners evaded St. Pierre. 4. From this date the French vessels arrived daily, the liigliest number present in the bay at one time being forty-eight. 6. The Bait Act having been suspended for this year, as far as the inhabitants of Bay St. George were concerned, they commenced fisliing with nets on the 1st May. A few nets were set before this date, but the regular season may be said to have com- menced then. On the 2nd May some nets were set by the French, but they regularly commenced on the 3rd May witli iiots and seines. They were much bettor provided with the former this year than was the case last season, for they have abandoned the very deep description they formerly used, having learnt f-.-om expcn-icnce the best kind to use. These they made during tho Avinter at St. Pierre, and some were also purchased from tho inhabitants of Bay St. George. It is now difficult to distinguish • between the native and French nets, for, whereas the latter formerly only used cork floats and a different twine, they now use tho wooden floats and similar twine to that of the residents. 6. The fishery now being in full operation, I established a day patrol, to which one by night was subsequently added, as complaints were made on botii sides of robbery from the nets during prohibited houi's. On the Sth May Captain Peculoux had the courtesy to show mo the orders he had issued to his countrymen for the regulation of their fishing. Amongst others was an order to mark all boats and dories with the name of the vessel to which they belonged, or visiting of the nets between the issued a Notice in a similar sense as till your arrival a gun M'as fired daily from tliis ship at 8 I'.M. and 4 A.M. to mark the time for ceasing and commencing to fish. 7. I would beg to call your attention to the desirability of having the boats and dories of the inhabitants marked with the name of the owner, or with a distinguishing number. A list of all boats and dories, and their marks and owners, might be kept at the Court-house by the Sub-Collector of Customs, and would, I feel sure, act as a check upon those disposed to evade the Regulations, which it is important should be strictly observed. 8. On the 6th May Daniel Dennis complained that the French had taken down a part of his fence to supply themselves with wood. I verbally brought this to tho notice of Captain Reculoux : his answer is inclosed. On the 10th the French Commander called my attention to the fishing of the schooner " Virgesco," of Halifax. After inquiiy into the circumstances I wrote the inclosed letter. 9. On the 11th ISIay, in consequence of a private letter from Captain Reculoux, I visited him, when he informed me that the French fishermen were in a very excited state. They complained especially of the presence of the British nets round Turf Point, which interfered very much with their fishery ; and also that when the herring passed round Turf Point towards the Little Barachois River they would not be able to haul their seines on the part of tho coast which they had selected last year and this for that purpose. They also complained of the inhabitants landing their herring to cure instead of selling to the Frencli Bankers, and he suggested that it would be desirable to revert to the tacit agreement of last year — to sell before landing. To this I replied that the inhabitants had frequently offered to do so, but that the price offered was too small to admit of its being a paying one, and suggested that an agreement as to a fair price should be come to. I then issued the Notice dated the 11th May. 10. On tho same day the brothers Butt, of the south side, complained of tlio taking of a mast and sail from their wharf by the crew of a French dory from the schooner " Augustc Lcmoinc." I reported this to Captain Reculoux, who promised an inquiry. The result, together with my answer, is inclosed. 11. On the 13th May, accompanied by Senior Lieutenant John G. Hewitt, I Avent, by request, to meet a deputation of the inhabitants at the Court-house. Tliey wished to see me about the Notice of the 11th May, prohibiting the setting of nets and hauling i 1^. ■I I ':• I y.' I^''l r-p- ll jt , : ; ■[ 1.1 i^ -! > '■1 ' J- i fr' t \ \p' I' 'It if'l I- '■f ■ ' '■ i j . ■J , : ■ ;■ ', i' [ ■ • . 1, ! fi : f T * '! ; ll. \\ 884 of British seines on the part of the coast between Turf Point and Little Baraohois Bivcr, and pointed out the hardship to them, and the injury it would cause to their season's results. I promisi'il to endeavour to meet their wishes, which, after anoth(!r interview with Captain Reculoux, I was able to do. The result was made known to the inhabi- tants the same afternoon. Com))laint8 were also made of the selling of bait by the French to American schooners. This is a question upon which I declined to give any decided opinion ; but at an interview with Captain Reculoux I pointed out to him the very doubtful right of his countrymen to fish to sell on the spot to any but the French for their bond fide fishery. He replied that they were clearly given the right by Treaties to fish, and Avere not under any restrictions as to the disposal of the proceeds, but promised, whilst maintaining the right of the French to such sale, to "use his influence to stop it." 12. I venture to call your attention to this subject, for, though the number of American schooners visiting this bay to bait themselves is at present small, it might develop considerably. 13. On the 16th May I discussed with Captain Reculoux the question of a price at (or over) which the inhabitants should sell to the Bankers before landing to cure. It was eventually agreed that, as long as 80 cents (or over) per barrel was oifered, that the inhabitants should not land to cure, but that if the price fell under that amount they should bo at liberty to do so. 14. On the 17th May the herring left Flat Bay, passing down to St. George's River, but reappeared on the coast near Little Barachois River on the 18th, though not in large quantities. They again left on the 20th, following the coast round into Seal Cove, where they remained a day or two, and then finally disappeared. On the 28rd May the last French Banker sailed, and on the 24th May all the British nets were up. 15. The season of 1889 has not been such a good one as that of 1888, which was exceptionally so. This was, in my opinion, a good deal caused not so much from a failure in the quantity of herring as from the fact of their being so much disturbed by seines. The inhabitants have always had an agreement amongst themselves that seines should not be allowed, but the French used them largely. The herring on arrival usually runs up the Sandy Point side of the bay, and if disturbed at the commencement of the " Flats," as they were this year by seining, they scatter all over the shoals, and do not follow their usual course to the spawning grounds. This makes it very diflftcult for the fisher- men to know where they will reappear, and causes them great trouble in moving their nets. Seining in deep water, though bad, is not so injurious, for the herring " dive " and reappear further on, on their original course. 16. Many experienced men are of opinion that the enormous number of nets and the excessive use of seines may cause the herring to abandon this bay, and go to less disturbed waters to deposit their spawn.* 17. A fair arrangement to sell to the French Bankers before landing to cure on the part of the inhabitants is, in my opinion, very desirable, as it prevents a good deal of irritation which is likely to arise from the French seeing largo quantities of herring taken and landed, while they themselves are not so successful. From careful inquir'^s. which I made from competent authorities, I have come to the conclusion that 80 ceiiu, per barrel is a remunerative price at which to sell the " green " herring. It has the advantage of saving all labour except the mere hauling of the nets and transport to the Bankers. A barrel of " dry " herring is equal to one and one-third of green, and therefore a considerable advantage is gained in that way, and, above all, the inhabitants are paid down in hard cash at once, instead of having to wait some months for their money, with all the chances of a fluctuating market. The French baiters are opposed to the inhabitants selling, as they complain that it lowers, by their competi- tion, the amounts they would otherwise obtain. The Bankers, on the other hand, uphold it, as it enables them to purchase more cheaply. 18. The i)atr()l ostablislied to prevent irregularities on cither side, and to receive just complaints, Avas of great use, but the very large space occupied Ijy nets during the height of the season is so great that it was only partially efficient. It was impossible, owing to the nets, to use a steam-boat. 19. This duty was intrusted to Lieutenant John H. Robertson, of this ship, who was assisted by Mr. Healy, the Gunner, and a special boat's crew. * ki happened years agp off Maine in Mossachusetts— B. W. W. 335 ) Barachois ise to theix !V interview the inhab*- o American (pinion; but ubtful rigbt eir bond fide to fish, and it promised, influence to le number of lall, it might on of a price iding to cure. s oif ered, that : that amount J St. George's 18th, though ast round into ared. On the le British nets J88, which was , failure in the )y seines. The ines should not isually runs up )f the " Flats," do not follow t for the flsher- n moving their lerring " dive " her of nets and , and go to less ing to cure on ints a good deal ities of herring ireful inquir'^s- >n that 80 cenu. of the nets and md one-third of i, above all, the —lit some months inch baiters are , their competi- ;hc other hand, p, and to receive [by nets during icient. It was this ship, who I have the honour to call your attention to the entire satisfaction which [ fai^l with the zealous manner in which this service was performed. Tlie loiii,' hours during which the patrol-boat was away, on nights always cold and often wet, made it a trying duty. A copy of the orders given to this officer is inclosed. 20. In conclusion, I have great satisfaction in informing you tliat throughout the duration of the herring season my rela';ions with Captain Rcculoux were of a most friendly nature. He was always considerate towards the inter(!sts of the inhabitants, and most prompt in liis attention to any representations which it became my duty to make to him. Inclosed are the comparative results of the British and French herring fishery for the seasons of 1888 and 1889. I have, &c. (Signed) G. W. RUSSELL. Inclosure 2 in No. 166. Captain Reculoux to Commander Russell. M le Commandant, Saint-Georges, le 3 Mai, 1889. AU moment oh la saison du liareng va commencer, je crois devoir vous rappolcr que les pfecheurs Fran9ais ont, sur cette partie de la c6te dc Terrc-Ncuvc oil nous sommes, le droit de p6cher sans etre troubles, en aucune mani^re, i)ar la concurrence des sujcts de Sa Majeste Britanniquo. Ce droit est formula, en termes indisputables, par I'Articlc XIII du Traits d'Utrecht (1713). par la Declaration de Sa Majestd Ic Roi George (3 Soptcmbro, 1783), et clairement d^flni par la Proclamation dc Sir Charles Hamilton, Gouvemeur et Oommandant-cn-chef de I'lle de Terre-Neuve (12 AoAt, 1822). L'application des prescriptions du "Bait Bill" oblige Ics pfichcurs Francais h prendre eux-m6mes la boitte qui leur est noccssaii'c, au lieu de I'aclieter, comme ils le taisaient autrefois, aux habitants des Baies de Fortune et de Plaisance. lis ont choisi, pour fairc cette pfichc, le Havre de Saint-George, parco qu'il est sur la partie do la c6te qui leur est reservde, le point le plus rapprocbd des bancs et aussi celui oh. la boitte parait le plus t6t avec abondance. L'ann6c dorni^rc il est vcnu 133 navires pecheurs Franoais dans ce liavre. Prevoyant dc noralireuses difficultes et craignant des conflits, j'avais i)rie ^1. le Capitaine Charles Campbell, qui commandait alors Ic " Lily," de vouloir bien lu'aider, par son influence et son autorite sur ses nationaux, h faire respecter, dans toiiti; lour integralite, los clauses d'un Tx*ait6 qui est revctu de la signature do nos deux Gouverncments. Le Capitaine Campbell m'a aussitdt promis son concours et il a tenu sa proniesse avec une loyaut6 a laquelle j'ai rendu le plus grand liommage. Tout en reconnaissant hautcment les droits incontestablcs des pecheurs Frangais sur cette partie de la c6te de Terre-Neuve, Mr. Charles Campbell m'ecrivait, dans une lettre datde du 1" Mai, 1888 :— "I merely wish to call your attention to the fact that the inhabitants of St. George's have hitherto been in the habit of earning their living by taking herring during the season, and were this privilege suddenly and completely taken from them, it would really increase the difficulties I must encounter in maintaining order." J'ai r^pondu au Capitaine Campbell que je craignais que cette tolerance fut mal interpr^t^e par les habitants de Saint-George, et qu'elle le conduisit i\ mdconnaitre les droits des pecheurs Fran9ais. Neanmoins, je pris sur moi dc ne fairc aucune protestation tant que les filets des pecheurs indigenes no gcnaient pas ceux des Frangais. Gr&ce aux mesures prises des deux c6t6s et i\ la gmnde droiture de caractfere du Capitaine Campbell, la saison s'est passdc sans voir ualtre le moindre coiiflit. Mais la tolerance dont nous avons us6 I'annde derniferc a produit les r^sultats que J'e redoutais et les journaux qui me sont parvenus de Saint-John m'en ont apport^ 'ih-^cusables t^moignagos. Le G^^ial JDashwood y prSche, aux Uabitaute de la c6te rdserv^e, la d^ob^issance '■^ I If,, ' ■ y ■ -■•:' '.)'. ■,!;^ r ^ i* i I' 'i ■ \m ! •; ill ' i 1 r i ? f '; i ;.l [ 336 aux ordrcs dcs oflicicrs do la mariuo Britannique et la violence cnvors les officiers de la marine Emngaisc. Lc " Colonist " du Avril contient unc adresso de quclqucs habitants do Saint- George con9iie dans dt's tcrmes agressifs contre nous. En tcte (Ics sigiiataires de cctte adresse se trouve le nom de M. le Pr(5fet Apostolique Howley qui est venu, I'ann^e derniere, ti bord du "Drac," protester contre la promulgation du " Bait ]iill " et me remercier de la toldrance dont j'avais U86 envers les habitants de Saint-George. Toutes ces manifestations sont malveillantes et indiquent, au moins, de mauvaiscs intentions qui pcuvent conduirc a dc regrettablcs conflits. Je viens done, IM. lo Commandant, vous demander, comme je I'ai fait I'anndo derni6re au Capitaine Campbell, de vouloir bicn m'aider h fairo rigoureusement respecter les i)rcscriptions d'un Traite conclu cntre nos deux Gouvernements et que rien n'eat venu modifier depuis sa conclusion. Je donno les ordrcs les plus s6v6res aux capitaines p6cheurs Fran^ais pour qu'aucune d(5prcdation ne soit commise dans les dtablissements des habitants de Saint-George. Mais, pour evitcr les conflits, il est indispensable que les habitants n'imposent aucune gene aux pccheurs rran9ais dans I'exercice de leurs droits de pfiche sur eetto l)artie de la cote de Tcrre-Neuvc, droits qui leur ont 6t6 concedes par la nation Anglaise et la volonte de Sa Majeste Britannique. J'ai, &c. (Sign6) A. RECULOUX. (Translation.) Sir, St. George's, May 3, 1889. Tins being tho time when the herring fishery season begins, I must remind you that the French fishermoa have the right, on this part of the Newfoundland coast, where we are at i)rcsent, to fish without being interrupted in any manner by the competition of British subjects. This right is stipulated for in indisjjutable terms by Article XIII of the Treaty of Utrecht (1713) and tlie Declaration of King George (3rd September, 1783), and clearly defined by the Troclamation of Sir Charles Hamilton, Governor and Cominaiider-iii-chief of the Island of Newfoundland (12th August, 1822). The application of the provisions of the Bait Act compels French fishermen themselves to catch the necessary bait, instead of purchasing it, as they used to do, from the inhabitants of Fortune Bay and Placentia Bay. For this bait-fishing tliey have chosen, for this season, St. George's Harbour, because, on that part of the coast which is reserved for their use, this is the nearest point to the Banks, and also that where the bait appears earliest in abundance. Last yearl33 French fishing vessels entered this harbour. Foreseeing numerous difficulties, and fearing possible collisions, I asked Captain Campbell, who at that time commanded the ••Lily," to kindly assist me with his influence and authority over his countrymen, in watching over the strictest enforcement of th(! clauses of a Treaty Avhich bears the signature of our two Governments. Captain Campbell at once promised his support, and kept his promise with a loyalty which I have most sincerely recognized. Whilst cntii'cly admitting the incontestable rights of the French fishermen on this part of the Newfoundland coast. Captain Campbell wrote to me, in a letter dated the 1st May, 1888 :— "I merely wish to call your attention to the fact that the inhabitants of St. George's have hitherto becii in the habit of gaining their living by taking herring during the season, and Mere this privilege suddenly and completely taken from them it would really increase the difficulties I must encounter in maintaining order." I replied to Captain Campbell that I feared this toleration might be wrongly interpreted, and might lead them to misunderstand the rights of the French fishermen. Nevertheless, I took upon nxyself to make no protest so long as the nets of the native fishermen were not in the Avay of those of the French. Thanks to the measures taken on both sides and to the straightforward character of Captain Campbell, the season passed without the slightest collision. But the toleration which Ave showed last year has produced the results I feared, and the newspapers I have received from St. John's give undoubted evidence of this. General Dasliwood there preaches to the inhabitants of the coast reserved for our use dis- obedience to the orders of the British naval officers, and advocates violent measures against the officers of the French navy. ■ i . : - ,„ . < Lciers de la de Saint- le PrcStet ' protester j'avais U86 I mauvaises 'ait I'ann^o ureusement lents et que m^ais pour abitants de n'imposent ic sur cetto it la nation ULOUX. y 3, 1889. remind you coast, where )mpetition of Vrticlo XIII [1 September, lovernor and ;b fishermen used to do, lour, because, point to the ,ast yearl33 jkcd Captain [me with his enforcement ;nts. [mise with a ishermen on letter dated Ihabitants of Iking herring In from them ker." bo wrongly ^h fishermen. [of the native lard character \n. But the ted, and the liis. General our use dis- lent measures 337 The " Colonist " of the 6th April contains an address of some of the inhabitants of St. George's drawn up in terms offensive to ourselves. The signatures to this address are headed by the Apostolical Prefect Howley, wlio, last year, came on board the " Drao " to protest against the promulgation of the Bait Act, and to thank me for the toleration I had shown to the inhabitants of St. George's, All these manifestations are malicious, and display, at least, an ill-will which may lead to deplorable collisions. T would therefore request you, as I did Captain Campbell last year, to assist me in enforcing the strict observance of a Treaty concluded between our two Governments, which nothing has tended to modify since its conclusion. I am giving the strictest orders to the French fishing>captains that no depredations must be committed on the cstabhshments of the inhabitants of St. George's. But, to avoid all conflicts, it is indispensable that the inhabitants refrain from interfering with the French fishermen in the exercise of their fishery rights on this part of the Newfoundland coast, rights which have been concetled to them by the English nation at the wish of His Britannic Majesty. I have, &c. (Signed) A. B,ECULOUX. Inclosure 3 in No. 166. Commander Russell to Captain Rpculoux. Sir, " Lily," at Bay St. George, Newfoundland, May 4, 1889. I HAVE the honour to acknowledge the receipt of your letter of yesterday's date. 1. I beg to assure you that it is my earnest desire and intention to co-operate with you to the utmost of my power in preventing any conflict between our fellow- countrymen. 2. Tlie language attributed to General Dashwood is much to be regretted, and I shall not fail to bring your remarks upon it to the notice of my Senior Officer. 3. General Dashwood does not occupy any official position, or possess authority in this Colony. 4. The groimd occupied by the herring fishery will be frequently visited by one of the officers of this ship. 5. In conclusion, I hope that the good understanding which so happily existed last year between yourself and Captain Cani])bell may be maintained this year, and that our joint efforte to preserve peace and order may be as successful this season as they were during the last. I have, &c. (Signed) G. W. RUSSELL. Inclosure 4 in No. 166. Captain Rcculoux to Commander Russell. M. le Commandant, Saint-George, le 4 Mai, 1889. JE vous adresse mes remerciments pour I'assistance que vous voulez bien me promettre sur raccomplisscment de ma mission a Saint-George. Je suis bien s6r que, gri\ce a cette assistance, la saison du hareng se passera, comme I'ann^e demifere, sans aucun conflit. J'ai regu, ce matin, la plainte du patron do la go^lette Fran^aise " Violette," dont les filets ont 6t6, pendant la nuit derniere, pilles et les lignes de fonds couples. II est assurdment impossible de retrouver les coupablos, mais nous serons obliges d'^tablir une certaine surveillance pour empechei", autant que possible, que de pareils faits se renouvellent. Je vous avise que deux go^lettes de la Baie de Burgees se livrent, sur ce havre, S, la p6che du hareng. C'est une tolerance que nous n'avons pas atlmisc Tanrn'o dornirre. Elb offre le grand danger d'attirer dans le havre de Saint-Gecu'ge les goelettes de la cAte sud de Terre-Neuve. J'ai, &c. (Signd) A. RECULOUX. [269] 2 X :]8 I ■i t ^« if M j 'I'll ; ill' i; I ! t i Ml :l l^ i l-l -i! :• ''. ^ '■ i ! ■ , i ■'■' • i ' !'■ . " 838 (Translation.) Sir, St. George's, May i, 1889. I THANK you for tho assistance in carrying out ray mission at St. Georgo's which you kindly promise me. I am sure that, thanks to this assistance, the herrmg season will pass, as last year, without any collision. I received this morning a complaint from tho master of the French schooner " Violette," whose nets were plundered and ground-lines cut last night. It is evidently impossihle to discover the culprits, hut we shall be obliged to establish a certain supervision in order to prevent, as far as possible, a recurrence of such proceedings. I beg to inform you that two schooners of Burgees Bay are engaged in the herring fishery in this harbour. This is a thing we did not allow lost vear. It presents the danger of attracting to St. George's Harbour the schooners of the south coast of Newfoundland. I have, &c. (Signed) A. RECULOUX. Inclosure 5 in No. 166. Public Notice. THE inhabitants of Bay St, George arc hereby required to abstain from any interference with the rreuch fishermen during the exercise of their right of fishing accorded to them by Treaty. Any just complaint on the part of the inhabitants is to be made to me on board the " Lily!" (Signed) G. W, B,USSELL, Commander, R.N,, and Justice of the Peace. " Lily." al Bay St. George, May 6, 1889. Inclosure 6 in No. 166. Captain Reculoux to Commander Russell. M. Ic Commandant, Saint-George, le 8 Mai, 1889. J'AI I'honneur de vous informer que de I'enquete faite ^ bord de la go^letto Fran9aise " Sainte-Marit*," relativement au fait qui vous a etc rapporte par I'habitant Daniel Dennis, il r^sulte : — 1. Que plusieurs raarins de ce naviro ont trouv^, sur le rivage, des morceaux do bois qu'ils ont era abandonn^s et qu'ils ont voulu prendre. 2. Que le Sieur Daniel Dennis leur ayant dit que ce bois lui appartenait, ils se sent retires sans rien emj)orter. J'ai profits de cette circonstance pour i-appeler a tous les capitaines des navires Eran9ais pr6sents dans le havro de Saint-George, qu'ils doivent I'espectcr et faire respecter par leurs hommes les etablissements priv6s appartenant aux habitants, et se borner simplement a me signaler la g6ne que ces etablissements peuvent leur causer dans I'exeroice de leurs droits de peche, Le nombrc des navires Pran';ais ayant notablement augment6 depuis hier, je vais, h la date de demain, prendre exactemeut les memes mesures de surveillance qui avaient 6t6 prise I'ann^e derni^re. Afin d'^viter le desordre et les conflits cntre nos uationaux, je vous serais trds oblig<5, M. le Commandant, si vous voulez bicn rappeler de nouveau aux habitants qu'ils ne doivent gener, d'aucune fagon, la p6che des Fran9ai8 sur ce point de la c6te de Terre-Neuve. Je suis, &c. (Sign6) A. RECULOUX. 4, 1889. . Georgfo's be herring 1 schooner [it. It is ) establish 36 of such red in the It presents bh coast of ILOUX. L from any of fishing lc on board he Peace. M, 1889. la go61etto I'habitant lorceaux do ;enait, ils se des navires iter et faire itants, et se Icur causer bier, je vals, i qui avaient s serais tr^ IX habitants t de la oAte 339 (Translation.) Sir, St. Georijex, May 8, 1889. I HAVE the honour to inform you that it appears from tlio inquiry held on board the French schooner " Sainte-Mario " into the complaint made to you by one of the inhabitants, Daniel Dennis — 1. That several sailors belonging to this vessel found on the shore pieces of wood which they thought had been thrown away, and which they wanted to take. 2. That Mr. Daniel Dennis having told them that this wood belonged to him, they withdrew without taking away anything. I took the opportunity of reminding all the captains of French boats present in St. George's Harbour that they must respect, and sec that their men respect, the private establishments belonging to the inhabitants, and confine themselves to simply informing me of any hindrance caused to them by these establishments in the exercise of their iishery rights. The number of French vessels having considerably increased since yesterday, I shall to-mon-ow adopt the same measures of supervision which were taken last year. In order to avoid any disorder and collisions between our respective countrymen, I should be very much obliged if you would kindly again remind the inhal)itants that they must not hinder in any way the French fishery on this point of the Newfoundland coast. I have, &c. (Signed) A. RECULOUX. Inclosure 7 in No. 160. Commander Russell to Captain Reculoux. Sir, " Lily," May 8, 1889. I HAVE the honour to acknowledge the receipt of your letter of this day's date. I beg to thank you most sincerely for the promptitude with which you inquired into the case of Daniel Dennis, which appeared to have been unfounded. I have to-day issued a public Notice forbidding the inhabitants to fish between the hours of 8 p.m. and 4 a.m., and placing them under the same restrictions as you have done with the French fishermen. I have, &o. (Signed) G. W. RUSSELL. Inclosure 8 in No. 166. Public Notiop THE inhabitants of Bay St. George are hereby forbidden to fish for herring during the stay of the French vessels at this anchorage between the hours of 8 p.m. and 4 A.M. A. gun will be fired from the " Lily " to mark the commencement and conclusion of the prohibited hours. The inhabitants are strictly to observe this Regulation, and to refrain from inter- fering with or molesting the French in any way in the exercise of their Treaty right of fishing. (Signed) G. W. RUSSELL, Commander, R.N., and Justice of the Peace. " Lily" at Bay St. George, May 9, 1889. 1- i: ■ ^i^' '< fh 1 1? w 3UXiii;lil more French vessels to the coasts, especially the east, though up to the present there has Ix'cn no further iiu-rease in the number of occupied I'Vcnch rooms. 5. In the corres])ondenee between Commodore .Mareehal and myself, which has been forwarded, the chief inten'st lies in the claim of the !''rench to the lobster industry under the Treaty and the justillcation of their actions against Mrilish property to enforce the claim. 0. A Heport t)n the French and Knglish lobster factories, liy Commander Hussell, will shortly bo forwanled, but, owing to the unfortunate wreck of Her Majesty's ship "Lily," much valuable inl'orination has been lost, and I have not yet received some of the details from the factories. 7. The French have this year established and worked two new lobster factories on the west coast, in addition to those previously crect(>(l, one at Uri^' Hay, whicdi is on an extensive scale, and another at .Tohn Meagher's Cove (Castors IJiver) ; both ol" these arc being still further enlarged ready for ne.xt season. 8. TIh! steam-cutter of this ship, in charge of Lieutenant Wcigall, who did his work most zealously, was detached and stationed at i'ort Saunders, in order to prevent any interference by the Knglish lobster-traps with th(> French (ishing ojjcrations, but the French never visited the waters durinir the whole period. 0. I would call attention to the urgent necessity of tlu! Newfoniullai\d schooners complying with the Merchant Shipping Act. 1 have cinunuinicated the names of several of the offending vessels to his h'xcollency the (-ioveriior, but I have noticed that it is quite the exception to find one of these vessels properly marked. As I believe that the Custcmis authorities have represented that in some cases these vessels have painted over their names after clearing, 1 would smvii'est that their sails should be marked, and thus have ii means of identiiication less easy of evasion. 10. It would bo advisable if -some arrangement could be come to with the French authorities that wcmld insure either the punctual payment of tlie "gardiens" in charge of rooms, (U", should the rooms be no hmger recpiired, the removal of flic boats and stores. 11. I may add that though the personal relations between tiie olfieers of the two nations have been very friemlly, the 1,'reit divergence of instructions hns caused the ofllcial situation to be much strnined. I have, i^c. (Signed) B. VV. WALK Ell. Inclosurc 2 in No. 168. Captain Sir B. Walker to Vice-Admiral Watson. Sir, " Emerald," at Hermuda, November 26, 1889. I HAVE the honour to offer for your consideration the following remarks and suggestions : — 1. The past season has brought the question of tlu^ lobsttu' industry to a stage when considerable danger exists in allowini? matters to drift, for the following reasons : A feeling of great irritation still exists with the French on account of the Bait Act; as to whether the Act has caused any monetary loss T am not prepared to say, but it I undoubtedly causes inconvenience from uncertainty as to whetber bait will be procurable in sufficient quantities. [269] 2 Y ■ I ■1 1 !if'^- ' •■ ' ■ B ; ■ 1 u 1 ■■'■ i i K ■U :'. 346 2. I am int'linod to b«!liovo, from informutioii rucoivoil from various sources, that duriug the ])ast soasou, owins; to tho badness ol" the Jishory on tlic JJauks, it has prevented the money loss beiuij as heavy as it otlierwise would, as the dilVercnce in cateh would not liave compensated for the money expcnchnl in the ])urehase of bait. The Act has undoubtedly brought the Frencii back to the shore lishery, and though there has been no increase in the number of otHiujjied rooms, a j^reater number of French Bankers liave come to the coast for bait, .vith the result that the decline of the slioro lishery has been decidedly elu;eked ; in fact, on the west coast, there has been a slight incn-ease in the numbers. In order to maintain the shore fishery, the lobster industry becomes an essential auxiliary, and the question consequently Las been pressed to a much greater extent than otuerwise would have been the case, it, under the circumstances, being a matter of considerable importance to the " araiateurs." 3. The Ercnch are enlarging tlie factories established this year, and the oroctiou of others is contemplated, llumours assign their positions as follows : — John Meagher's Cove (Castors Hay), Eddies Cove, 13ay St. .lohn, Keppel Islaiul, and Portland Head, but there were no signs of any actual buildings ui) to the time of my leaving the coast. Should any of these points be selected there wilt be the diiheulties to ecmtend with of English and Ereneh lobster factories desirous of occu[iying the same lishing grounds, and it will, under these einiumstanci.'s, be almost imp(jssil)]e to prevent incidents such as occurred in St. .Margaret's l?ay this season, witiiout some special provision being made. A feeling of rt'sonlniLut against the French is rapidly iucreasiug among tlKMuhabitants along the coast on account of tliest* acts of inter- ference by the French cruizers, and I cannot l)ut ])ereeivo that there is an increasing risk of this feeling showing itself in acts of an aggressive nature. 1 would therefore suggest that — («.) Telegraphic comuumication should be established on that portion of the coast between Brig Bay and Port Saunders. (6.) A suitable boat shoidd be attached to this ship for service at I'ort Saunders; a picket-boat could cruize with ease and safety b(>tween tiiat |)ort and Brig Bay, a distance of 42 miles, with harl;ours of refuge in case of bad weather. I was unable to obtain a suitable boat at St. John's, and the steam-cmtter of this ship, which was stationed there during the season, was (juite unequal to this service, and was unable to leave the vicinity of her i)ort. 1 am also informed that the French " armateurs " have petitioned their Goverinnent for a steam-boat to bo stationed at St. John's Island, and this, I believe, has the apiu'oval of thi; French oilicers. (c.) A small dt'pot of coal for the west coast cruizer should be established at Port Saunders, a shed for its reception being built by the carpenters of the ships, for although coal is sometimes obtainable at ii'Ansea-Loup, the price is exorbitant and the quality inferior, besides which there is the uneertaiuty ol" its being procurable when required. 4. I would also point out that by the instructions to English naval oilicers they are required to act on the spirit of the Arrangement of 1885 as far as possible, whereas the French naval officei-s have certainly only done so Avben it suited their views; thus, whilst ignoring Article II, they have acted up to Article IX in the fullest sense. 5. In conclusion, I may add that another question arises with the increase of French lobster factories, and that is th< ;\ght of impiH'tation of goods for the prosecu- tion of the lobster industry in any but French vessels. 'J'lrs season commenct>d and will jn'obably be further developed a regular trade between Halifax and Xc»vfoundland, which is carried on in English bottoms. Though I am aware under certain circum- stances it would b(^ inadvisable to press this matter so long as it took place under the French tlag, I apprdiend it assumes a dilVeicnt compli-xion as soon as it is done under any other colours, and, I need hardly point out, opens the way to great abuse. The tendency to illicit trading is alnsady very great ; in I'acrt, an application was made to Commander Russell by the Prud'homme Vilala of Port-au-Choix foi- the reccivery of a debt for goods brought from France, which were certainly not for fishing purposes, one of the articles being female wearing api)arcl. I have, &c. (Signed) B. W. WALKEll. « 1.1 Sir, 1 I.- ! he erection (I'tioii oi" the 347 Inclosure 3 in No. 168. Commander Rnssell to Captain Sir B, iValker. " Lily," CommisKioner's Home, Halifax, Sir, September 2S, 1889. IN f'orwai'dinif my Fishery lleport I'ov tho season 188!>, T liave the honoiu' to submit the followiniir remarks : — 2. The cod fishery has h(>(>ii oxtnMuoly ])oor on the part of the inhabitants, little or nothina^ havinu; been (lon(>, except about tho Bay of Islands, Bonn(! liay, and Fh5W(>rs C'ove. '^. On the other hand, the French have done veil, and on my last visit to Port-au-Choix and St. John Island fish wer»> abundant, thoui?h bait was very scarce. t. .\t Red Island also they are reported to have done M'ell. 5. The spiinsi: herrin!» fishery at St. George's Bay show'd a considerable falling-off on last year's take, which was exeoi)ti()iially larne. (J. Th(> suinnier and auUimn herring hshery had, up to the 16th September, been an almost total Tailuro. There was still time i'or the iicrring to arrive, but great anxiety was felt all along tlio coast, especially as the cod lishcry liad also been a I'ailure. 7. Unh^ss the herring come in late; in the season, tiiero is reason to fear consider- able distress on tho west coast during the approaching Aviuter. 8. Tile number of French fishermen was much the same as last yeai'. i). There wei-e at Bed Island 110 men. The " armateurs " are residents of St. I'ierre. Tile fishermen are from France. 10. At Port-au-Choix and Savage Island 25)1 men. Armateurs Guibert et Fils, Auguste Lemoine. 11. At St. John Island, excluding the factories at Barred Bay and Bartlett's Harbour, 100 men. Anatole Lemoine 12. At Brig Bay, 18 men (Muployed by the French factory tliere. "Armateurs Societe des Pechories l"\ancaises do Terre-Neuve." Total .')i9. Several vessels also fish "en degrat." i;5. Tlie weather up till thc^ end of .July was extremely bad, with constant winds and much fog; from that till (lie middle of September it was line, when strong west winds again set in, accompanied iiy fog. 14. The herring fishery at St. George's Bay, and the lobster factories, British and Frencii, hav(> formed the subject of separate llciioi'ts. 15. Owing to the loss of the " Lily,'' tliis lleport is only up to the 16th September, 1889. I have, &c. (Signed) G. W. RUSSELL. t ii $t Inclosure t in No. 1(58. Commander Graham to Captain Sir B. IValker. Sir, " Ready," at Bermuda, November 21, 1889. IN forwarding my ]?'ishery lleport, I liav(; the honour to make tho following remarks : — 2. i'he cod lisliery this year has been a very poor one. 'J. The indiseriminate use of the jigger when bait is to lie procured is unwise, as the wouna(>d tisli, of wliich tiiere are a great number, leave the feeding ground, I'ollowed by many others. t. It is desirable that tho Newfoundland Government should take the necessary steps to have notice given at all tlie outjiorts tliat the use of cod-traps will be illegal after May next, as tliere seems to be an impression amongst the fishermen that the Newfoundland Government do not intend to enforce the Act. 5. Herring have been plentiful between Cape Bold and Conclie, but in many phices the catch has been small oM'iiig to the want of seines and nets. 6. The salmon fishing has been fair, but the large number of French Bankers in the Harbour of Conche adversely influenced the catch at that place. 269] 2 Y 2 •i I l^i f 1 1 'I '. ) p 5 HI i :ii I' 'i I ; I, m ? ! f 1 I . 348 7. Tlio rivers, notably Soj)8 Ann and Silmon Brook, Ariogo Bay, are barred and netted, but tbis can only be put a sto]) to l)y iiaving warders living on the river during tbe season. Persons engaged in tbis illegal pursuit bave look-outs, who give timely Avarning of tbe approach of a man-of-war. 8. It would be more satisfactory if all French boats, &c., were removed at the end of tbe season, unless they are put in charge of a paid guardian. The impression amongst these men is, that when their salary is due, if it is not forthcoming their responsibility ceases, and they bave neither tbe time to spare nor inclination to take care of property unless paid for doing so. 9. In conclusion, I beg to state that my relations with French naval oflicei-s have been on all occasions ol a most friendly and cordial chamcter. I have, &c. (Signed) W. H. B. GRAHAM. Inclosure 5 in No. 1G8. Captain Sir B. Walker to Vice-Admiral Watson. Sir, " Emerald," at Bermuda, December 23, 1889. I HAVE the honour to forward Commander Russell's Report on the lobster factories, French and English, on the west coast. 2. I regret tbe Return is not complete, and have delayed forwarding it in hopes that the mail from Halifax would have brought the necessary infoi-mation. 3. On my way to Halifax, after leaving Forteau, in October, the factories about Fort-a-Port had all closed, and I was unable to obtain the particulars necessary to complete the Return. 4. The season of 1881) has not been as good as previous ones, tbe take of lobsters again falling olf in October, and tbe factories closed early. 5. I am quite of Commander Russell's opinion, that the lobster factories do not in any way interfere with the I'rencih bond fide fishing ; and even in the places mentioned in paragraph (5 of liis letter tbei-e has been no interruption to the French operations. 6. The factories are undoubtedly a great benefit to tbe coast population, and are gradually raising them out of the destitution which existed ; they also enable time to bo devoted to tbe cultivation of tbe land, a most important point for the future prosperity ol the Colony, the land being in itself too poor in some places to entirely support the population, hut with tbe employment given by the factories prevents the actual starvation that in bad fishing seasons was by no means unusual. They are also freeing the fishermen from tbe trammels of tbe "truck" system, M'hich has done so much to pauperize them and their families. 7. With reference to the Report on the French factories, these establisibments arc practically of a permanent character, especially the one at Brig Bay. 8. I am informed that several new English factories will be opened next season, especially about Port-il-Port and Bay St. George, but I believe they Avill all b(! on a small scale. I have, &c. (Signed) B. W. WALKER. Inclosure 6 in No. 168. Commander Russell to Captain Sir B. Walker. " Lily," Commissioner's House, Halifax, Sir, September 28, 1889. IN forwarding this Report, I bave the honour to submit the following remarks : — 2. The number of factories continues to increase, though certain of them which were working last year have been either temporarily or finally closed this season. 3. The results up to tbis date bave not been so good as last year, partly on account of tlie extremely bad weather in tbe spring and early summer, and also jirobably owing to the fact that portions of the coast are beginning to be " fished out." 4. A succession of north-enst winds in July, just before the lobsters change shells. S49 barred and iver during give timely oved at the impression oming their ion to take ofticera have EAHAM. r 23, 1889. \ tlie lobster ig it in hopes n. ictorios about necessary to kc of lobsters ictories do not in the places to the French ation, and are suable time to "or the future ces to entirely s prevents the ruck" system, jUshments are d next season, 1 all be on a WALKER. use, Halifax, S9. ng remarks: — of them which s season. ear, partly on mcr, and also i " fished out." . change shells, brought down a volume of very cold water through the Straits of Belleisle, during the continuance of which the lobsters almost ceased to crawl. 6. On my last visits, up to the 14th September, the daily takes were increasing fast, and, if the end of September and the month of October are fine, the total results will probably equal those of 1888. 6. The British factories have not in any way interfered with the bond fide French fishery, nor, except in the neighbourhood of Port Saundei-s, Castors Harbour, and perhaps Red Island, is there any probability of their doing so, and even this is unlikely, as the station established by you at Keppel Island has shown that the French from Port-au-Choix do not use the waters where the traps of the Port Saunders factory are sot. 7. About Port-a-Port, Rope Cove, and North Capo (Shoal Point) the French schooners come in the month of June in considerable numbers to fish caplin, but, as they haul their seines on the shore, well inside the traps, no difficulties arise. 8. On the other hand, complaints have been made against the factory of Messrs. FoiTcst and Shearer, at Brig Bay, on the ground that the traps of that establishment, which are set in St. Margaret's Bay, occupied the ivaters required for those of the French. 9. The complaints, and the action of M. le Capitaine de Frigate Pierre Reculoux, of the " Drac," in raising the British tmps, have been reported by special letters, 10. The factories are of very great benefit to the coast population, as they not only provide employment, with good wages, for numerous men, women, and even young girls, who, in addition, are well fed, but they give a great deal of winter *;mpl()ynient to caretakers, and also to men employed to cut wood and build boats for the ensuing season. 11. They also purchase large quantities of herring for bait. 12. Tliey pay wages in cash, if desired, and furnish supplies to their employes at less cost than the ordinary trading schooners, which deal almost entirely on the truck system. 13. Wages run from 60 dollars for managers and skilled hands down to 20 dollai-s a-month and found; girls receive from 6 dollai-s to 10 dollars a-month and found; fishermen are generally paid by the hundred, at prices varying from 50 to 70 cents, their boats and gear being found, but not provisions. 14. In some cases they are on wages of 26 to 30 dollars a-month. This is more usual with men from other Colonies. 16. Wood is paid for at from 1 dol. 50 c. to 2 dollars a cord, varying with the distance it has to be hauled. 16. A large factory will take 150 to 200 cords of wood for the season. 17. I was unable to get details of Cow Head and Cow Cove factories. 18. Another factory is said to be working between Sally Cove and St. Paul's, and it is also reported that one is building at Portland Creok, but whether British or French I have not been able to find out.* 19. I had hoped to visit all the factories on my way down the coast at the conclusion of the season, and to have been able to render a more complete Report. The loss of Her Majesty's ship " Lily," with my rougli notes, has prevented my doing this. I have, &c. (Signed) G. W. RUSSELL. fi.D i I ^ * Since found to be B.itiaii I i ! h I U ;| h : f' I? ■ ■ 5 . ■ ■ 1 1'^! ^ S80 1 • I .g -^ S § 1 8 2 •O'K S N JO •! "J 'd soAi^nj^ 1^ •'i".o s N JO I a d •|OAIt«N •u»iv s iS "> "I a -A ■»»AliVfl I I s i 3 3 as 3 IN H : »> : oo»«ec o CO Se to c •« c so ^ M 00 rt S 71 M 2gg , T U O . CI « S ^ 7 o o o ,i~* Q \s t~» in . o » .s s o o o o s s o o . t. >. .£ oo = =)9eoseoc o oesooooooooc t s 4 A 'A GO O 60 ;:■ Ifi; tfl : : OJ ^ r-. ■ • ■ • • ■ = tn\fy M . . >n *n CO •no|\ -s (J 4o •! -a -a sHiO S M JO •] •» "d .o r« . ^ M , M (0 . r« , . f^ ■asAiiBj^ I o (■»i-*ciMcoaotoaoou?r«in ^ 00 X . . . CO O ^ X . . 0» W NMWW-«|i-v^ '-a ■*«*•*>•« Bio S •2 . - -tO-S 91 e 3 ■J. 1 3 •'S a ' V s a e c Ja 9 ^ J3 c I « s s a an "P ; 1 Nor open 789 Traps off factory, south of a line from the Eniilisli factory to point of Whito Island. New this year. 6. Brig Bay ., 14 ^ioe. 48 i 1 057 Traps about Old Ferrolle Island, and in St. Mar- garet Bay. New this year. Was last year in White Bay. N.B.— All nomben arc ap. proximate, as it is verj difficult to obtain accurate information. (Signed) B. \\ i. WA LKER. Captain. No. 169. Colonial Office to Foreitjn Office. — {Received Fehruiny 15.) Sir, Downinij Street, February 14, 1890. WITH reference to my letter of the 12th instant, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, two tclegrar.is from the Governor of Ncwfoundiand ujjon the subject of the proposed Halifax, following >rking this larbour. ind merely lowever, on il more, fcc., and are on various will be in y's Covo or imate only, practically JSSELL. cmurks. ml New Pi>rt-«ii uul a few in. Clioix. nd St. John Is- rboiir and Turret ler HigliUnds of A. fsctiiry, south of rom the Entlish ;n point of White New this year, ut Old Perrolle ind in St. Mar. lay. New thi> ~'as last year in lay. numberi arc ap. te, as it is mj to obtain accurate lion. Captain. 14, 1890. [1 by Lord sbury, two proposed 86d modus vivendi between the Britisli and Trencb Govcrnmonts in connection with the lobster tishcrics on those parts of the coasts of Nowfoimdland where the French have Treaty rights. Ijord knutsford does not doubt that tlit; French Government will appreciate the difficulties M'hicli would attend the working of a modus vivendi founded upon the requirement thai, money bond fide e.vpended in preparations by Britisli subjects for the lobster fishery shall be entirely lost, and the bad clfcct which the dissatisfaction caused thereby would have upon the prospects of a permanent settlement of this question ; and his Lordship hopes that, hoving regard to these considerations, the French Ambassador may bo iiidu(!od to rocoinmeiid to his Government the adoption of the ]st January, 1890, as the date on which the arrangement may bo based. I am, &c. (Signed) llOBERT G. W. HERBERT. Inclosurc 1 in No. 169. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) February 12, 1890. I ONJjY received your telegram of Sth instant late on Saturday night, and submitted it to a special meeting of Executive Council on Monday. I find that no law exists prohibiting the erection of lobster factories, and it is stated that several are now in course of construction. I have telegraphed for information, and, after a meeting of Council, will again telegraph to your Lordship to-morrow. Inclosuro 2 in No. 169. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received February 13, 1890.) MY Ministers strongly contest the Freneh claims to lobster fishing, but desire to meet the wishes of Her Majesty's Goveniment as to a mndus vivendi for this season only. They desire that the proposed date may bt^ (ixtondod to the 1st January last, otherwise great hardshi]) must ensue, as a large amount of money has been invested in erecting new factories. No. 170. Foreign Office to Colonial Office. Sir, Foreign Office, February 15, 1890. WITH reference to your letter of yesterday's date, I am directed by the Marquis of Salisbury to transmit to you the accompanying copy of an amended dmft of the proposed modus vivendi regarding lobster fisheries in Newfoundland, which was communicated yesterday to M. Jusserand. The draft has been so extended as to meet the recommendation of the Governor of Newfoundland, and Lord Salisbury understands that it has Lord Knutsford'a concurrence. I am, &o. (Signed) T. H. SANDERSON. Inolosure in No. 170. Amended Draft " Modus Vivendi." THE questions of principle and of respective rights being entirely reserved on both sides, the maintenance of the status quo can be agreed upon on the following bases : — Without France or Great Britain demanding at once a new examination of the legality of the installation of British or French lobster factories on the coasta of [269] 2 Z vfi I;' it li l| 11 § 'I ! \ I ! i I I ' ■■ ''s : ,'',' 'f' ii ;i ,' f m . i - . -\ ' -1 i .' »,'' f i ; ^ 304 Newfoundland where the French enjoy rijjhts of flshingf conferred hy the Treaties, it shall he understood tliat tliero shall be no modiliention in the ])08ition8 ("emplace- lueuts ") occupied by existing,' establishments of the subjects of either country on the 1st July, 18HU, excci)t that a subject of either nation may remove any such establish- ment to any sj)ot on whicii the Commanders of the two naval stations shall have previously agreed. iSo new concesRsiou of fishery of lobst('rs shall bo accorded this year, except as hereinafter mentioned. Uritish lobster fisheries, which may have been established between the Ist .Tuly, 1889, and the 1st January, 1 8S)(», shall not be molested. Jhit it shall be open to French flshermeu to establish fresh lobster lisheries to a correspondini^ extent. No other British lobster lisheries shall be in ojjeratiou up to the 1st January, 1891, unless by the joint consent of the British and French Senior Naval Officers on the station, in consideration of some equivalent permission to some now French lobster fishery on another spot. Whenever any case of competition in resj)ect of h)bster fishery arises between the fishermen of either country, the Commanders of the two naval stations shall procee, Newfoundland, My Lord, February 4, 1890. 1 HAVE the bonour to ackno\vlcdi;c the receipt on the 2!)tli ultimo of your Lordship's telegram* infonnii g n^e tlint it is ; lupiMil to ii.i.kL' an ciiMix'iiicnt with the Government of France as a modus vivendi during the coming fishing season, which will give more time lor negotiritions on the lobster faetoiy cpustion. The iij^rcenient I'cing that there shall \w no alteration in the position of Briti.'!) lobster factories or grounds, as existing on the 1st July last year, and the French Government undertake that no new lobster-fishing (oneessions shall he granted this year on tishinii-grounds occupied hy British subjects on or befere the 1st July last. In case of any competition in the same locality, the Naval C'on-manders on the station will be authorized to make a temporary arrengement delimiting the boundaries of their respective fisheries. All questions as to lights are reserved. And your Lordship further informs me that you conclude there is no objection to publishing this arrangement. 2. On the 30th ultimo, in reply to the above message, I forwarded a telegranif to your Lordship, asking if I am correct in assuming that by the proposed agreement the English may not establish any new factories this year, hut that the French may do so, provided that the ground they select was not occupied by the British prior to the 1st July last.^' To the foregoing I have as yet received no reply. 1 have, &c. (Signed) T. O'BRIEN. No. 172 Foreign Office to Coloniul Office. Sir, Foreign Office, March S, 1 P90. AVITll reference to my Ictlor of the l.^th nllinin relative to the lobster fisheries in Newfoiinc'land, 1 am directed hy the Marquis of Salisbury to request yon to inform Lord Knutsford that tie Secretary to the French Fmbassy at this Court called at this Oflice on the L'dth ultimo, and stated that bis Government "ere unable to accept the addition piojiosed fo be made to the ttrnis of the draft modus rircudi, as it would place the French fishern^cn at a disadvantage. M. Jusrerand remarked that it was obvious that the British • IncloHiirp 1 ill JS^o. If 7. + Incloiure 2 in Nn. 167. Sir, ?;■ Treaties, it (" cmplace- ntvy on the li establisli- sliall havo T, except as lie Ist July, n to French luavy, 1891, RciTs on the 3nch lobster l)ctween the hall proc(>er fisliL-ricM in inform Lord I at this Oflice the addition te the French it the British 355 1 diermen, being on the spot, wonlil have had tlio choice of the best places for the now lislieries, and that the French Oovernuiont had no means of ascertaining to wiiat extent advantage had already been taken of tliis priority ol' choice, or would be taiten before tlie arrival of the French fishernii.-n. On the other hand, it was again pointed out to M. Jnsscrand that to prohibit entirely all the new lobster lisheries, for which preparations had been made, and money already expended in the Colony, would undoubtedly indict consideralde hardsiiip, and produce nnich soreness and iritation at tlie very coinniencement of the tisliing season. After considerable discussion tiie acco.npanying amended draft lias been drawn up, which M. Jusserand believes that his Clovcrnment will he prepared to accept, and which I am to recpiest that you will submit to Lord Ivnutsford lor his concurrence. I am, &c (Signed) T. H. SANDHRSON. Inclosuro in No. ] 72. Amended draft " Modus Vivendi." THE questions of principle and of respective rights being entirely reserved on both sides, the maintenance of the slutii.^ ([ut can be agreetl upon on the following bases : — Without France or Great liiitain deinandiny; at once a new examination of the legality of the installation of British or French lobster factories on tiie coasts of Newfoundland where the Fremdi enjoy rights of fisliing conferred by the Treaties, it shall be understood that there shall he no modilication in the positions (" emplace- ments") occupied by existing establishments of the snlijeets of either country on the 1st July, 188'.), except tliat a subject of eitlier nition may remove any such establishment to any spot on which the Commanders of the two Naval Stations shall have previously agreed. No lobster fisheries which were not in operation on the 1st July, 1889, shall be permitted, unless by the joint consent of tlie British and French Senior Naval Officers on the station. In consideration of each new lobster Hshery so permitted, it shall be open to the fishermen of the other country to establish a new lobster fishery on some spot to be similarly settled by joint agreement between the Naval Commanders. Whenever any case of competition in respect of lobster fishery arises between the fishermen of either country, the Commanders of the two Naval Stations shall proceed on the spot to a provisional delimitation of the lobster fishery grounds, having regard to the situations acquired by the two parties. N.B. — It is well understood that this arrangement is quite provisional, and shall only hold gooJ for the fishing season, which is about to open. No. 173. Colonial Office to Foreign Office. — {Received March 3.) Sir, Downing Street, March 3, 1890. IN reply to your letter of the 3rd instant, I am directed by Lord Kiiutsford to acquaint you, for the information of the Marquis of Salisbury, that ho concurs in the amended draft modus vivendi rospecting the lobster fisheries in Newfoundland which it is proposed to submit to the Frencii (iovernment. I am, &c. (Signed) JOHN BilAMSTON. I I &' li' "r. if- «! f269] 9 Z 2 H ■! ! 1.1 l*r No. 174. Governor Sir T. CfBrien to Lord Knutsford. — {Received March 6.) Government House, St. John's, Newfoundland, My Lord, Vehruary UJ, 1890. I HAVE the honour to ncknowlcdjyo the receipt on the fith instant of your Lordship's telegram,* informing me, in reply to my message of the 30th uUimo,+ that the proposed modus viventU witli ih.' Fioncb recognizca the lobster factories of both nations as existing on the Ist July last, but t'ui- this season only, also that transfers of factories from one locality to another may be itormittcd with the ap|)rovnl of the naval officers on the station, and that no new concessions to catch lobsters are to be granted by either nation this year. This arrangement is strictly provisional, and for this season only. 2. On the 1 2th instant T received another telegram from your Lordship, that it wiis essential that a reply should be given to the I^Vench Govornmcut with regard to the proposed modus vivendi not later than the day after to-morrow. 3. I accordingly, on the same evening, dispatched a messagc| informing your Lordship that I bad only received your previous message late on Saturday last, that on Monday I had called a special meeting of n)y Executive Council to consider it, when I was informed that there was no law in force in this Colony which would enable my Oovcrnment to prohibit the erection of lobster factories during next season. It was also stated that several new factories were already under construction, about which I caused telegraphic inquiries to be made, and would again telegraph after the adjourned meeting of Council, which was to take place on the 13th instant. 4. On that date I again telegrapI)L'd§ that my Ministers, while strongly contesting the right of the French to the lobster fishery, were anxious to meet the wishes of Her Majesty's Government with regard to the modus vivendi for this senson ; but that they desired that the date might be extended to the 1st January last, ns otherwise great hardship would ensue, as a considerable quantity of money had already been invested in building new factories. I have, &c. (Si-ncd) T. O'BRIEN. No. 175. Colonial Office to Foreign Office, — (Received March 6.) Sir, Downing Street, March 5, 1890. WITH reference to previous correspondence relating to the question of th^ marking of fishing-vessels on the Newt'oundland coasts, I am directed by Lord Knutsford to transmit to you, for the infonuation of Lord Salisbury, a copy of a despatch addressed by his Lordshij) to the Governor of Newfoundland upon this subject, in connection with the case of the wrecking of the steam-ship " Montreal " on Belle Isle in October last. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 175. J. i. Lord Knutsford to Governor Sir T. O'Brien. Sir, Downing Street, February 12, 1890. I HAVE the honour to transmit to you, for communication to your Government, a copy of a letter from the Board of Trade, accompanied by a Report of a Court of Inquiry held in Canada into the stranding of the steam-ship " Montreal " on Belle Isle in August last, together with a copy of a letter from the Admiralty respecting the recommendation of the Commissioner who held the inquiry that all fishing-vessels should be registered and have numbers on their sails. In view of the serious nature of the acts committed in this case, I must remind you that the proper marking of fishing-vessels is a matter which has been continually * IncIoiuTs S in No. 167. X InclMore 1 in No. 169. t Inclosure 8 in No. 167. § Inclosure 3 in No. 169. 6.) ewfoundland, istant of your h uUimo,t tlfftt ;toric8 of both liat transfers of al of the naval B to be granted for this season hip, that it was regard to the nforming your ay last, that on sidor it, when I luld enable iny ►n. It was also which I caused ourned meeting mgly contesting wishes of Her ; but that they otherwise great leen invested in O'BRIEN. 'arch 5, 1890. uestion o!: tii>. ected by Lord a copy of a and upon this ' Montreal " on JEAMSTON. :ary 12, 1890. ar Government, of a Court of real" on Belle respecting the fishing-vessels I must remind een continually 367 pressed by Her Maicsty's Government on the Govommont of Newfoundland, and I request that you will call the atttinition of yoin- present Ministers to the previous correspondence relating to tliis question. Iter Majesty's Government regard it of great importance that not only should the existing law l)e strictly enforced by the Colonial authorities, biit that nil boats engntfed in the lisheries, whether opcm or decked, and irrespoetivo of their tonnage, should 1)6 compc^lled by law to bear distinctive marks by which they could be easily recognized at a distance. Further rceomnicndations in stipport of this view are contained in the Reports of the naval ortlcers which have been forwarded to you. All hough the late Government did not sec their way to deal with this question in the manner desired, yet I have every hope that your present advisors will be able during the coming Session of the Newfoundland Legislature to introduce and pass a measure carrying out the repeated recommendations made to the Colonial Government on the mattt'r not only by llcr Majesty's Government, but by the naval offlcors on the station, whoso practical knowledge' of the difficulty oC finding those who have committed ofretices against the law, owing to the want of means of identifying their vessels, rendei-s their opinion in this matter deserving of the greatest weight. I have, &o (Signed) KNUTSFORD. Inclosure 2 in No. 175. Bonrd of Trade to Colonial Office, Sir, Hoard of Trade, London, January 30, 1800. I AM directed by the Roard of Trade to transmit to you, to be laid before Lord Knutsford, the aeconii)!Uiyiiig eo])y ol' th(; Report of a Court of Inquiry held in Canada into the stranding of the stoam-ship "Montreal" on Relle Isle on the 4th August last, together with a copy of a letter, and its inolosuro, received from the Admiralty, suggesting that the Colonial Government should be communicated with concerning the rc^commendation of the Commissioner who held the inquiry that all fishing- vessels 8h(mld be regist»!red and have numbers on their sails. 1 have, &o. (Signed) GEORGE .T. SWANSTON. Inclosure ,'} in No. 175. Extract from Report of Court of Inquiry. THERE is a circumstance in connection with this disaster which I feel it my duty to bring to the notice of the Minister of Marine, as the master and ollicers seem to lay great stress upon it. On the 8th August Her Majesty's ship " Emerald " stopped off the lighthouse and sent a boat ashore with an officer in charge, who asked the master if any assistance was required. Captain Wall replied, saying " he would like to have a diver to ascertain the condition of his vessel." lie also stated that " most of his crew had been sent to Quebec, retaining only a few to protect the steamer until assistance should arrive." This assistance, it was presumed, was expected from his agents at Quebec. The officer was further inl'ormed that, as the passengers were at the lighthouse, there was no need of immediate assistance. The evidence of the master and other witnesses seems directed to cast some reflections upon the Captain of the " Emerald," and the master specially endeavoured to put a construction upon the actions of the officers of that ship which might go far to prove that the circumstances which occurred afterwards, in connection with the wreckera, might possibly Lave been avoided had the " Emerald " remained near the lighthouse. It is stated they were surprised to see the " Emerald " steam away when her boat returned. With regard to these insinuations, I am at a loss to see what the Captain of that ship could have done in view of the statement of the master of the " Montreal " that ;■ rs f w i( I if 1 1 ho was tiot in nord of immcdiiito assiNtiiiicc, ami at that timo wo arc informed thot uo wr ock ITS wcro about. No doiild tho presence of a few armed men woidd Imve had a honeflclal ofTect in keepinj; olT tlio pirates, hut T eannot uny what instruetions the ollleers of Her Majesty! ships li:vve reeeived as to fheir interfereneo upon sueli oeeisions. Had there hcen A net-essity of savinif lil'o, I am of opinion lior ollleers would have acted promptly and lunmiu* The following' day some wreckers hoarded the vess(>l, niul. defyiii;^ tho seamen, plundered Iier. Later on tliey came into the cove with tiieir schooners and anchored, tlien made their houts fast alongside of tiie yteumer, und bwurmud ou boai'd lu largo numbers. They intimidated the crew, stole the deck lUtinp;s, sails, and ^ear, and with hachcts and crowbars destroyed largo portions of the decks in their endeavour to get at tho cattle and .sheep. Hopes were put down the openings, and boxes of cheese and various articles of cm-go were secured and imniediutely removed from the steamer. The master and crow were u(!erly powerl.'ss iu the ])resenee of Lfreally superior numbers, conscipiently tho Mreckers took complete control. While these disgraeefid scenes were transpiring on I)oard tlie vessel, other illicit acts weixj beiMi; perpetrated on the shore. The eattlo and sheep which had previously been safely landed were hunted about the island, cauirbt and killed, the carcases dragged down the dills, where boats were in n'adiness to receive them. Similar scenes have oeeurre.l whenever a vessel has been h>st in tho Straits of Helle Isle, either upon the habrador or Newfoundland coasts. It is dillicidt to iind a remedy for these ])ir;itical acts in such isoh.ted positions. but one mean s of assist iui' to trace and detect the men mIio are <'uiltv of such crimes would be to hav(> idl lishing-vessels registered, with numbers upon their sails. 'i'bis would all'ord an opportunity to tli(> owners of vessels pl.aced in a like unfortunate jiosition to bring these men befon* the Courts, and inllict a well-merited pimisbmcMt upon tliem. Hiilifa.v, Jh'cemher 3, 18S(). (Sigiu Admiralty your letter of the 0th instant, forwarding copy of the Report of inquiry held in Canada into the stranding of the steam-ship " Montreal " on Belle Isle (m the 4th August last, ia which reference is made to Her Afajesty's ship " Emerald." 2. In reply, I am commanded i)y their Lordships to transmit to you herewith, for the information of the IJoard of Trade, coj)y of an extrac^t from a letter of Sir Daldwin Walker, Caj)tain of the ••Emerald," reporting the incident. 3. My JiOrds further desire me to say that they fully concur in the remarks of the Commissioner in respect of the action of the wreckers, and a^so in his recommendation to have all tishing-vessels registered, with numbers on their sails, as a partial remedy against such piratical acts; and I am to suggest, for the consideration of the Hoard of Trade, whether it would not be advisable to lay the matter before tnc Colonial Office, with a view to the Colonial Government being comnumicated with upon the subject. I am, &e. (Signed) EVAN MACGREGOR. * ■ '; i I 1 '. lOtl that uo il (^IToot in v MiijostyB lore bct'ri ft unptly and 10 seamen, i ttneliorod, nl in lar^« , tind with 111- to j;(;t at 1 articles of •r and crew lucntly tlin ispirinij on Tlio c.'ittlo tlic islnnd, ill ri'iulincss lost ill llie d positions, sucli crimes Is. I in a liko vi'll-incriti'd iinissioner. 22, 1H<.)0. liralty your Janada into ust last, in jrewith, for ^ir Jlaldwin larks of the iimcndation ial remedy Hoard of jiiial Oflice, e subject. REGOR. •M>Q IncioHurc 5 in No. 170. Ciipta'm Sir U. IValker to Admiraltij. (Fxtrnct.) " Emerald," at St. John's, Amjunt 21 , IHSJ). T SAIIiEl) again the following,' mnrnini;. and having exjicnded lialf tiic quarlerly aninjiim'tion, prcK-eedcd to Hclli' Isle, where I had been intormotl a Btoamer was ou nhore. On arrival there, t found lior to he the steam-ship " Montreal," which had gone ashore in a fog on tlie Ith August. Having conununieated with her captain, who staled Hint he did not recniire any assistance, f left the wreck and proe<'eded to Ari('«ge Hay, where 1 arrived on the Dth instant, anchoring for the night in 8t. T.nnaire Hay. No. 176. Colonial Office to Foreign Office. — {Received March IP.) (Bxlrnct.) ^ Downimj Street, March 8, 181(0. I ANI directed hy I/ord Knutsford to transmit to you, to hu laid before the Manpiis of Salisbury, with reference to previous correspondence, an extract of a despatch from the Governor of Newfoundland, forwarding a Report of the proceedings at a spi-cial incetinj/ of the Executive Counrd to consider the proposed moilun vivemli \\\i\\ regard to lobster factories. Lord Knutsford desires me to observe, for the coiisidoratioii of Lord Salisbury, that difllcullies might possibly arise in connection with this matter if the French naval oflicer should refuse to concur in recognizing any considerable number of British factories erected between the 1st July last and the time at wliieh the modus rirnidi may bo proclaimed. 1 am to suggest, therefore, that, it possil)le, a friendly understanding should l)c arrived at with the French Goveininent that the clause in the i>mili(s virrndi "liich enables now factories to be erected with the joint concurrence of the l']nglisli iind Frencli naval otlicers will be interpreted by the l-'rencb naval officers in a lioeinl spirit in cases where British factories have actually been eslaldished since tlie 1st July hist, or where preparations have been made for such estal)lishinents. The French Government would, it is supposed, recognize, in connection with sucli a siiirgestion, the expediency of treating the people of Newl'oundhtnd with ail possihle consideration in this respect, in view of the importance of securing their adhesion to the proposed arbitration on the lobster fishery question. Inclosurc 1 in No. 176. Governor Sir T. O'lirien to Lord Knutsford. (lovernment House, St. John's, Newfoundland, (Extract.) February 17, 1890. RFJFERBFNG to my despatch of the 4th instant, I have the honour to acknow- ledo'C the receipt since that date of your Lordship's several telegrams in reference to lobster factories, and to report my action thereon. 2. It was late on the evening of Saturday, the 8th instant, when I received your Lordship's message in answer to my inquiry, and informing me tiiat, as I supposed, the rights under the proposed modus rircndi would be ecpinlly granted to both parlies, and also making a further mutual concession, viz., that factories coiihl l)e reirovcd to other sites provided the Naval (Vmnnanders conem'red in sucli a removal. On Monday i iieid a special meeting of Council, to whom I submitted the whole case thus complete, when a long, earnest discussion took place. ^. I am happy to infcMin you, my Lord, thnt my new Ministers all evinced a desire to meet the wishes of Her Majesty's Government as far as they were able, and considered they would be supported by the Colony. ■I;.- ^ • Ml I I !^ I i it ., ;l W I 360 •i^*! ■•!i ' ■ i' 4. On one point, however, they were as stroiiff ns the old Cabinet, viz., that wiiatever nii^ht be the modus rivendl agreed to, thev did not and could not admit in any way tiiat this temporary concession acknowledged tlic Vroncli rigiit to lohstor fishing, which they maintain is totally beyond their Trcalv rights — a view I find ("ully confirmed by one of the old records of the Colony, for in 1105 the French took and proceeded to cut up a whale caught on our coasts, hut had to give it up, and did so seemingly without remonstrance, the then Governor, Palliser, having decided that it was not the fishery granted to them under Treaty, and certainly a whale is more of a fish than a lobster. r>. The Council then considered tlic terms of tlie telegram to be sent to your Lordship, and it having been stated that it was believed in St. John's that nine new lactories were to he, or liad already been, started, for which a considerable outlay had been iticurred, ihcy suggested the 1st January last taking the place of the 1st July in the .\groeinent; and as no law exists that authorizes the local authorities to prevent factories being put up, or to remove them when ercjited, which powe* would have, under the Treaties, to be given to the naval oftlcers, I requested that t,'ie Proclamation or instruc- tions might emanate from home, and be, f presume, published by me in the name of Her Majesty's Government. (5. At the meeting it was also further decided that the Colonial Secretary should inquire from such ports on the coast as are connected by telegraph with this as to the number by which the factories on the western coast are likely to be increased tins year. In one case we were told twenty-three, and in the other twenty-seven. Doubtless many are included in both replies, so allowing for some on tlic cast coast, with which we can hold no communication, Sir William Whitcway and myself considered we should he within the mark if we telegraphed twenty as the probable number, wliich I accordingly did on the Idth instant. Inclosure 2 in No. 17(5. m H' i:iP ;■ Governor tSir T. (Y Brien to Lord Knutsford. Gorcrinnenl Ilniisi; SI. John's, Xeirfoundliind, My Lord, Frhritnry \5, \mO. 1 IIAVI'! the iionour to inform your Lordship that on this day 1 transmitted a telegram to Downing Street stating that it had been represented to me, before I sent my telegram of the l-'^th instant, that about nine new lobster factories were erected, or in course of erection, but that I had learnt since then more had been begun and contemplated. Owing to the difliculty in obtaining information, I was unable to give your Lordship definite numbers, but should estimate them at about twenty ; however, I was unable to ascertain how far they had progressed. I have, &c. (Signed) T. O'BRIEN. No. 177. The Marquis of Salisburij to M. W'addington. M. I'Anibassadeur, ForeUjn Office, March 10, 1890. WT ril n'fercneo to the verbal cnmmuincations which have taken place as to the conditions on which the h)hstor fisheries in Newt'oundland should bo carried on during the ensuing season, I hiivt> the honour to transmit herewith the draft o{ a modus vivendi, and to state that llcr Majesty's Government arc prci)ared to accept it. I shall l)e glad to learn whether your Excellency is authorized to assent to it on behalf of the Government of the rrench Hcpublie. I am, &c. (Signed) SALISBURY. !•■';•: 361 ;, viz., that (Iniit in any stcr Tisliing, y confirmed »rocccilcd to iio-lv without "he fishery lolistcr. cut to your lilt nine new } outlay had It July in the cut factories ;, under the 1 or instruc- namc of Hor retary should this as to the sed this year. »ubtless many which we can ve should ho I accordingly fnclosuro in No. 177. Draft Modus Vivendi. wfoumlUtnd, 1 transmitted me, before factories were d been begun was unable to nty; however, O'BRIEN. \ch 10, 1890. ndapo as to the fried on during modus Vivendi, Issont to it on Llisbury. THE questions of prineiple and of respective rights being entirely reserved on both sides, the ]3ritish and Freneli Goveriunents agree that the status quo shall be maintaincnl during the ensuing seasoii on the following bases : — Without Franco or Great Britain de- manding at once a new e\ami nation of tlie legality of the installation of Ih'itish or French lobster factories on the coasts of Newfoundland, wliere the f rencli (mjoy rights of llshing conferi-ed by the 'treaties, it is understood that there shall be no modification in the positions ("emplace- ments ") occupied by the establishments of the subjects of either country on the 1st July, 1880, except that a subject of either nation may roinove any such estab- lishment to any spot on which the Com- manders of the two naval stations shall have previously agreed. No lobster fisheries which were not in operation on the 1st July, 1889, shall be permitted, iinl(>ss by the joint consent of the Commanders t)f the liritish and French navnl stations. In consideration of each new lobster fishery so permitted, it shall be open to the fishermen of the other country to establish a new lobster fishery on some spot to be similarly settled by joint agree- ment between the sjiid Naval Commaiuhjrs. Whenever any ease of (competition in respect of lobster fishery arises between the fishermen of either country, the Com- manders of the two naval stations shall Sroceed on the spot to a provisional de- mitation of the lobster fishery grounds, having regard to the situations acquired by the two parties. N.B. — It is well understood that this arrangement is quite provisional, and shall onljr hold good for the fishing season which is about to oj)en. LES qjiestions do prineipe et h^s droits respeetifs t'tant cntit^n'ment ri^serv^ de part et d'autrc, les CJouvornements Fran- (;ais et Brifannique sont convenus pour la saison jn'odiaino du maintien du status quo sur Ics bases suivantes : — Sans ([lie la France on la Gmnde-Bre- tagnc demande (U>s aujourd'hui nn nouvel e\amcn dc la legalitti de I'instiiUatiim des homarderies Anglaises on Fran9aises sur les c6tes de 'IVrre-Ncuvt!, ou les Fran(;ais jouissent des droits de pecho confercs par les Traites, il est entendu qu'aueune modi- lication no sem apportee aux emplace- ments oetrupes par les 6tablisseinents appartenant aux nationaux des deux pays au 1" Juillet, 1889, par exception, les nationaux de I'lin ou Tautnc pays pournmt transporter lours etablissements susdits (i tout endroit au sujet duquel les Com- mandants des deux stations uavales seront prealablement tombi^s d'aecord. Aucune homarderie nc fonctionnant pas ant^rieurement au 1" Juillet, 1889, ne sem admise, ti moins que les Commandants des stations navales Anglaise et Frai'caisc n'en tombent simultanement d'aecord. Kn considt'ration de chaque homnnlerie uouvelli! autorisdc dans cos conditions, il sera loisible aux pecbeurs a]>partenant i\ I'autn? nationalitc d'ctablir unc nouvelle homanlerie sur un point que les dits Com- inand.ants devront determiner dc incme d'un eommun accord. 'Pontes les fois «iu'un fait de concurrence coneernant la peehe du horaard so pro- duira entro les pecheui's des deux pays, les Commandants des deux stations navales l)roceder()nt sur les lieux t\ uiu! dtSlimita- tion ])rovisoiro des funds de p£chc de homard, en tenant comptc des situations acquises par Jes deux parties. N.B. — II est bien entendu que cet armngement, tout provisoire, ne sera valable que pour la duriJo de la campagne de i)echc qui va sVmvrir. No. 178. M. Waddiiigton to the Marquis of Salisbury. — {Received March 12.) M. Ic Marquis. Londres, /ell Mars, 1890. VOTRE Seigneurie a bien voulu, en sc r^ferant aux communications vcrhales qui ont 06 ^hang^es entre cette Ainbassade et Ic Foreign Office, m'adresscr un projct dc modus Vivendi dcstind i\ r^gler les conditions dans le8(pielles la {W'chc du homard aura lieu k Tcrre-Neuvc pendant la saison prochaine. [2691 3 A ■if % •.I. >i i ■ in m I i! ;rl i» >.1 i 'li ''■'i "M-' m 4: ifh 362 Vous me faites savoir en ni6me temps que lo texte de cc projet a re9U I'ailhesion du Gouvernement de la Reine, et vous me demandez si, de mon cote, je suis autorise a en accepter les termes au nom du Gouvernement de la R^publique Fran^aise. Je m'cm])resse d'accuser reception de la communicaticm de Votrc Seigncmnc, et apres avoir pris connaissance du document qui y etait joint, et qui est conforme aux vues echangees de part et d'autre au cours des pourparlers suseiionces, j'ai I'honneur de Lui faire connaitre que je suis autorise, dans cos conditions, h accepter j)Our mon Gouverne- ment, et en son nom, Ics arrandge the receipt of your Lordship's communication, and having taken cognizance ol' the document annexed to it, which is in accord with the views exchanged on either side in the course of the above-mentiimed negotiations, I have the honour to inform your Lordship t'uat, in these circumstances, I am authorized to accept on behalf, and in the name, of my Government the arrangements contained in the document in question. The agreement of the two Governments being thus completed, by your Lordshijj's communication and by tlie present note, the draft modun vivendi thereby enters into force for the coming season, and its provisions will, for that j)eriod, be binding on the parties as regards tlie lobster fisheries in Newfoundland. I have, &c. (Signed) WAUDINGTOX. No. 179. Foreign Office to Colonial Office. Sir, Foreign Office, March 12, 1890. WITH reference to my letter f(n'wardingeopy of a note to the French Aml)assador at this Court of the 10th instant, on the subject of the modux vivendi for the lobster iisheries in Newfoundland during the ensuing season, I am directed by the Marquis of Salisbury to transmit to you, for Lord Knutsford's information, a copy of M. 'VVaddington's reply,* stating that the proposed arrangement is accepted by the Fi'ench (lovernment. 1 am accordingly to request that you will move Lord Knutsford to take all necessary steps for carrying the terms of the arrangement into execution. I am, &c. (Signed) T. II. SANDEllSON. ■ H-j ',' • No. 178. adhesion du utorise ii en igncnrie, ct me aux vues icur dc Lui 1 (Souvcrne- inication do dcvient par ndaiit cette 3-Ncuve. [NGTON. 1 11, 1890. his Embassy IS rivrndi for 1 on in "N'cw- ?ptcd by Her ;cd to accept iiieation, and cord witli tho cgotiations, I ;m authorized nts contained lur Lordship's )y enters into indini' on tho )INGTON'. )r 12, 1890. Ambassador the lobster the Marquis a copy of eptcd by the )rd Knutsford execution. IDEllSON. i i i 363 1 No. 180. Tlie Marquis of Salisbury to M. Waddinijton. ■ ■. M. rAnxbassathmr, Foreign Office, March 13, 1890. 't I II.VVE tho honour to acknowledge the receipt of your Excellency's note of the llth instant, informing vu'. that tlio proposed arrangement in regard ti the modus vivendi for the lobster fislieries in Newfoundland during the ensuing season is accepted by tlu; Ercnch Govcriimcnt. I have lost no time in communicating this informa- tion to Her Majesty's Secretary of State for tho Colonies, and in requesting his Lordship to take all necessary steps for carrying the terms of the arx'angement into execution. I have, &c. (Signed) SALISBURY. No. 181. Colonial Office to Foreign Office. — {Received March 17.) (Extract.) Downing Street, March 17, 1800. I AM directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a telegram which was addressed to the Governor of Newfoundland on the 12th, comnmnicating to him the terms of the modus vivendi. \ am further to inclose copies of two telegrams in reply which have been received Irom Sir Terence O'ikien. Inclosure 1 in No. 181. Lord Knutsford to Governor Sir T. O'Brien. (Telegraphic.) Downing Street, March 12, 1890. FOLLOWING is text of modus rirendi as agreed to : 'I'he questions of principle and of respective rights being entirely reserved on both sides, tlie British and French Governments agree that the status quo ante shall be maintained during the ensuing season on the following bases : Without France or Great Britain demanding at once a new examination of the legality of the installation of British or French lobster factories on the coasts of Newfoundland, where tlit French enjoy rights of fishing conferred by the Treaties, it is understood that there shall be no modification in tlie positions occupied by the establishments of the subjects of either country on the 1st July, 1889, except that a subject of either nation inay remove any such establishment to any spot on which the Commanders of the two naval stations shall have previously agreed. No lobster fisheries which were not in operation on the 1st July, 1889, shall be permitted, unless by joint consent of Commanders of British and French naval stations. In consideration of each new lobster fishery so permitted, it shall be open to the fishermen of the other country to establisli a new lobster fishery on some spot to be similarly settled by joint agreement between Naval Commanders. Whenever any case of com])etition in respect to lobster fishery arises between the fishermen of either country, the Commanders shall proceed on the spot to a provisional delimitation of the fishing grounds, liaving regard to the situations ac(|uired by the two parties. N.B. — It is well understood tliat this arrangement is quite provisional, and shall only hold good for the fishing season which is about to open. Give publicity to foregoing. [269] 3 A 2 ■j? • jd '■ .if ■ I .1',^ ;« : 4 ■ 4 r 1 > ? '1:1 ii "'4 ■ ( •i 1 \ 304 Inclosure 2 in Xo. 181. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received at the Colonial Office, March 14, 1890, 10-45 P.M. MY ]Mini8ters strongly protest against wliat would in modus vivendi appear to be admission of concurrent rights of lobster fishing, and are of opinion that this arrangement would be prejudicial to position of Newfoundland in future negotiations. They further contend that Imperial Government should bear expense of losses of those who have established factories since date 1st July. They consider that as this modus vivendi has been concluded without their concurrence it is not for them to advise as to giving notice to those whom it may affect. 1:^: Inclosure 3 in No. 181. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) (Received at the Colonial Office, March 15, 1890.) RESOLUTION passed by both Houses of Parliament last night in identic terms emphatically protesting against modus vivendi as being prejudicial to British fishing and territorial rights, and being contrary to assurances of Her Majesty's Government that right of fishing should not be interfered with without consent of Colonial Legislature; further, that this arrangement is objectionable as indicating admission of non-existent concurrent rights on the coast. No. 182. Colonial Office to Foreign Office. — {Received March 18.) Sir, Downing Street, March 17, 1890. WITH reference to previous correspondence relating to the marking of fishing- vessels on the coast of Newfoundland, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, an extract of a despatch from the Governor of Newfoundland upon this subject. It will be observed that this despatch has crossed the Secretary of State's despatch to the Governor of Avhich a copy was sent to the Foreign Office in my letter of the 5th instant. Lord Knutsford is of opinion that, although difficulties may stand in the way, some means should certainly be found for marking all vessels engaged in the Newfoundland fisheries, and not only those the marking of which is required by the Merchant Shipping Acts; and he jwoposcs, if Lord Salisbury concurs, to desire the Governor to confer with Captain Sir Baldwin Walker, on his arrival at St. John's in the course of the fishing season, as to what steps could bo taken to provide for the means of the proper marking of all such craft, and to report as to what is the practice with French and American vessels. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure in No. 182. Governor Sir T. O'Brien to Lord Knutsford. Government House, St. John's, Newfoundland, (Extract.) ' February 14, 1890. I HAVE the honour to report that as soon as the by-elections were over, and the immediate pressure of the necessary business of the Colony was disposed of, I felt it my duty to bring prominently before my new Ministers the subject-matter of your Lordship's despatch of the .Slst May last. 2. The principal difficulties which I see will have to be met, if special legislation is found hereafter to be needed, are : — (1.) That, if marking of sails is insisted on, the Colony would expect that it Sir, LO-45 P.M. ppcar to be arrangement riity further se who have s Vivendi has jiving notice 365 should be equally required of French, Canadian, and American vessels frequenting these waters. _ (2.) That it would be considered a tax on our people, and would be magnified into arbitrary interference. (3.) That it would be difficult and often impossible in our outports to obtain painters who could do the lettering required ; a strange, but I believe to a certain extent perfectly correct statement, as I Imow that last year one of our men-of-war had to send its painter on board one of our fishing-vessels, as no one could bo found who could, as desired by the skipper, mark his vessel in accoixlance with the Act ; hence if this 18 the case in some out-harbour, what must it be for sails, &c., which may be made up in any fisherman's hut, miles away from a painter or person competent to comply with the conditions laid down in the North Sea Fisheries Convention ? ■- 1 lo, 1890.) identic terms ih fishing and ernmcnt that I Legislature ; non-existent h 17, 1890. g of fishin^- to transmit ch from the this despatch copy was sent d in the way, aged in the uired by the to desire the at St. John's rovide for the is the practice lERBERT. ewfoundland, verc over, and posed of, I felt latter of your sial legislation expect that it Ho. 183. Colonial Office to Foreign Office.— {Received March 21.) (Extract.) Downing Street, March 21, 1890. I AM directed by Lord Knutsford to transmit to you copy of a telegram which was addressed to the Governor on the 18th, on the subject of the modus vivendi for the regulation of the lobster fisheries. Inclosure in No. 183. Lord Knutsford to Governor Sir T, O'Brien. (Telegraphic.) Downing Street, March 18, 1890. REFERRING to your telegrams of the 14th and 15th March, I fear adoption of reported Resolution will not improve the prospect of ultimate settlement most favourable to British claims. There is some misapprehension in supposing that any British territorial or other rights prejudiced by modus vivendi or any French rights admitted ; all questions of principle and of respective rights on hoth sides arc stated expressly to be reserved. Neither Her IMajesty's Government nor the Colonial Legislature have power of declaring what are British and French rights respectively, and provisional arrangement is necessary for next season. No. 184. Lord Knutsford to Governor Sir T. O'Brien. Sir, Downing Street, March 21, 1890. IN my telegram of the IGth December last I informed you of the wish of Her Majesty's Government to consult Sir ^7illiam Whiteway generally on matters connected with the Newfoundland fisheries, and especially with the object of determining whether it would be possible to submit to arbitration the French claims connected with the lobster fisheries, and to consult with him as to terms of reference. In your reply of the 25th December you informed me that Sir William Whiteway would not be able to leave until the end of March, or perhaps not before the end of the Session of the Local Legislature. I have now to inform you that the Secretary of the French Embassy called at the Foreign Office on the 21st January, and observed that it could scarcely be hoped that the proposed arbitration with respect to the lobster fishery in Newfoundland could be brought to a close before the commencement of the fishing season, and that it therefore seemed desirable, in the interest of all parties, that some modus vivendi sliould be arrived at for the ne.xt season only, and pending the settlement of the question at issue. M. Jusserand accordingly communicated, for the consideration of Her Majesty's Govern- ment, the sketch of the bases on which such an arrangement might be made. I telegraphed to you the substance of this sketch on the 2Sth January. The proposal was to the following efiTect, viz., that it should be agreed as a modus vivendi for next season only that there should be no alteration in the position of British lobster factories or M ni l^i -:1 i] t t I ' : n^u: i^ I S66 grounds ns existing on the 1st July last year, the French Government undertaking that no new lobster fishing concession should be granted this year on fishing-grounds occupied by British subjects on or before 1st July last. In case of any competition in the same locality tlic Xavnl Commanders on the station should jointly arrange provisional delimitation of fishing-grounds, and all questions of right were reserved by both parties. You telegraphed to nie in reply on tlie 30th January, inquiring whether you were correct in assuming that by the proposed Agreement British sultjccts were not to establish any new factories this year, but that the French miglit do so i)rovided that the ground they selected was not occupied by the British prior to the 1st July, 1889. I informed you in reply, by my telegram of the 8th February, that the modus vircndi would recognize factories of both nations for this season only as existing on the 1st July, 1889, but that transfers would be permitted to other localities if approved by the naval officers of both nations. That no new concession of lobster fishery should be accorded by eitlier (iovernnient this year ; and I informed you that the proposed Agreement would be strictly provisional for this season only. You replied, by your telegram of the I3th February, to the effect that your Ministers contested strongly the rights of the French to the lobster fishery, but that they were anxious to meet the wishes of the Imperial Uovernment for a modus vivendi for this season only. You informed me that they wished the date to be extended to the 1st January, 1890, as otherwise hardship would be inflicted, as considerable money had been invested in new factories. Your subsefjuent telegrams of the 13th and 15th February supplied further infor- mation in regard to the number of British factories believed to be under construction, or to be contemplated. With a view to meet the difficidty thus pointed out an addition was proposed to be made to the draft modus videndi, to the following effect : — " British lobster fisheries which may have been established between the 1st July, 1889, and the 1st January, 1890, shall not be molested. But it shall be open to French f's'icrmen to e.stablish fresh lobster fisheries to a corresponding extent. " No other British lobster fisheries shall be in operation up to tlic 1st January, 1891, unless by the joint consent of the British and French Senior ?faval Officers on the station, in consideration of some equivalent permission to some new French lobster fishery on another spot." -M. Jusserand, however, called at the Foreign Office on the 20th ultimo, and stated that his Government were unable to accept this proposal, as it would place the French fishernien .at a manifest disadvantage. It was obvious, he remarked, that the British fishermen, being on the spot, would have had the choice of tlie best places for the new fisheries, and the French Government had no means of ascertaining to what extent advantage bad already been taken of this priority of choice, or would be taken before the arrival of the French fishermen. If was pointed out to M. Jusserand that the prohibition of all the new lobster fisheries for which preparation liad been made and money expended in the Colony would not only cause considerable hardship, but would excite a feeling of soreness and irritation at the very commencement of the fishing season, which it was, on every account, most desirable to avoid. After considerable discussion a further amended draft was agreed upon between the two Governments, the terms of which I telegraphed to you on the 12th instant. A copy of the modus rivendi thus agreed upon is inclosed. It was hoped that this modus vivendi would have been acceptable to your Govern- ment as an arrangement for the present season only, and as a means of avoiding disputes during the coming season, and as giving time for a more permanent settlement of the question. I was therefore much disappointed at receiving your telegrams ot the 14th and 15th instant apprising me of objections to the Agreement entertained by your Ministers, and of the passing of identic Eesolutions in both Houses of the Colonial Parliament pro- testing against the modus vivendi as being prejudicial to British fishing and territorial rights, contrary to assurances of Her Majesty's Government that right of fishing should not be interfered with without the consent of the Colonial Legislature, and that the arrangement was objectionable as indicating the admission of non-existent concurrent rights on the coast. I replied to the above telegrams by mine of the 18th instant, in which I expressed the fear which I entertained that the adoption of the Eesolutions which you reported would not improve the prospect of an ultimate settlement most favourable to British 367 irtaking that ids occupied in the same I provisional 'ed l)y both !icr you were were not to Tovidcd that uly, 1889. I rlrendi would it July, 1889, naval ofiicors led by either lid be Htrictly 3t that your ery, but that modus vivendi tended to the e money had further infor- nstruction, or roposcd to be the 1st July, )en to French lanuary, 1891, on the station, ter fishery on no, and stated ue the French it the British s for the new wluit extent en before the new lobster Colony would and irritation account, most between the ant. your Govern- iding disputes Icment of the 14th and 15th Ministers, and irliament pro- md territorial fishing should and that the nt concurrent h I expressed you reported ible to British claims. I remarked that there was some misapprehension in supposing? tluit any Britisli territorial or other rights were prejudiced by the viodii.i vireiidi, or that any Frcncii riglits wore admitted. [ pointed out that all questions of principle and of respective rights on both sides were expressly stated to be reserved, and 1 added that neither Her Miijesty's Government nor the Colonial Legislature have the power of declaring what are Jkitish and French rights respectively, and that a provisional arrangement was necessary for the coming season. Your Ministers are of course 'aware that the views held by the British and French Governments in regard to the rights of their respective subjects in the matter of tlie lobster fisheries are antagonistic ; the French Government holding that the establishment of British lobster factories on that part of the coasts of Newfoundland to which the rights of French subjects extend is contrary to the engagements entered into by this country with France, while Her Majesty's Government contend that the French have no right to fish for lobsters, and, eonse(|uently, that the erection of lobster factories by them is in excess of tlie privileges Jiranted by tliose engagements, and the fact of this divergence of views has given rise to the necessity of some viodiin vivendi for the coming season, so that time may be given for effecting some more permanent settlement. The modit.1 vivendi agreed to makes no concessions of right to the French, neither does it in any way detract from the maritime or territorial rights of the Colony, and therefore does not infringe the assurance contained in the despatch from the Seeretar}' of Stale (Mr. Labouchere) to Governor Darling of the 26th March, 1857, which it is presumed is the assurance referred to in the Resolutions of the' two Houses. That assurance was to the effect tlmt "the consent of the community of Newfoundland was regarded by Her Majesty's (iovernment as an essential preliminary to any modification of their territorial or maritime rights." The modus vivendi obviously does not efl'ect any such modification, and Her ^lajesty's Government can only hope that it will be accepted and acted upon loyally i)y the people of Newfoundland for the approaching season. In the meantime, every efiJbrt will be made by Her Majesty's Government to come to some more definite settlement of the question. 1 have, &c. (Signed) KNUTSFORD. No. 185. 3/. Wuddingtoii to the Marquis of Salisbury. — {Received March 2'2,) M. le Marquis. Londres, le 22 Mars, 1890. P.VR une lettre en date du 13 de ce mois, Votre Seignenrie a bien voulu mei'airc savoir que I'accord entre nos deux Gouvernements pour rf'gler le modus vivendi h Terre- Neuvc en ce qui concerne la pcche du homard pendant la saison prochaine ayant ^te etabli et accepte des deux parts, le Gouvernement de Sa Majest(^ la Reine prenait les dispositions n6ccssaires pour assurer en ce qui le concerne I'exdcution de cet arrangement. En remerciant Votre Seigneurie de cette communication, j'ai I'honneur de Lui faire savoir que de sou c6te mon Gouvernement prend Ics mcsures necessaires pour assurer egalement en ce qui le concerne I'exacte application des dispositions arri^tees d'un commun accord. Veuillez, &c. (SiguL) WADDINGTON. (Translation.) My Lord, London, May 22, 1890. IN a note dated the 13th of this month, your Lordship iufoi'med me that, the Agreement between our two Governments for the establishment of the modus vivendi in Newfoundland with regard to the lobster fishery during tlie coming season having been concluded and accepted by either side, ller Majesty's Government Avas taking the necessary steps to insure the carrying out of this arrangement. In thanking your Lordship for this communication, I have the honour to acquaint you that my Government, on their side, are taking the necessary measures for equally insuring, so far as they are concerned, the exact application of the provisions settled by mutual agreement. I have, &c. (Signed) WADDINGTON. "I ; It M 1 ■h I I « g ^ ■ I- f. I' In 1: 'A •Ji ■ p - ■- i ■^tJ i I I! ii : i 308 No. 180. Colonial Office to Foreign Office. — {Received March 22.) Sir, Downing Street, March 22, 1890. I AIM flirccted hy Lord Knutsford to transmit to you, to be laid before the Manjuis of Salisbury, copy of a telegram from the Governor of Newfoundland, making inquiry as to the meaning on certain points of the modus vivendi recently agreed upon with the French Government for the coming season in regard to the lobster factories. I am also to inclose the draft of a telegram which, with Lord Salisbury's concurrence, Lord Knutsford proposes to send to the Governor in reply. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure 1 in No. 180. Governor Sir T. O'Brien tu Lord Knutsford. (Telegraphic.) {Received March 20, 1890.) MY Ministers raise question whether, under modus vivendi, French have right of erecting as many factories as they desire by authority from naval officers, or are naval officers limited to granting permission to French to erect factories only for equivalent number erected by British since 1st July, 1889, or if British do not erect new factories after that date, can French erect single factory. i i. Inclosure 2 in No. 180. Draft of Telegram to Governor Sir T. O'Brien.* REFERRING to your telegram of 20th March, a new factory of either nation can be erected only if both Naval OHicers Commanding consent. Modus vivendi enables, but does not compel, two Officers Commanding to limit new factories to exactly equal number on each side. If your Ministers prefer strict maintenance of status quo on the Ist July, 1889, prohibiting any new factories of either nation, we believe French would probably agree, but early notice desirable in that case. Or if informed of exact number of proposed new British factories, French would probably limit their preparations accordingly, and friction might be avoided. ■.ii- iii i' No. 187. The Earl of Lytton to the Marquis of Salisbury. — {Received March 27.) My Lord, Paris, March 20, 1890. I HAVE the honour to inclose herewith to your Lordship, extracted from the ". Journal Officiel " of this day, a report of a question put to the Minister for Foreign Affairs in the Senate yesterday, and of his Excellency's reply, on the subject of the Newfoundland fisheries. After asserting that the French rights are absolute and exclusive, M. Ribot defended the new modus vivendi as being a temporary arrangement, to be followed, when it expired, by a renewal of negotiations with England, which he hoped would secure more favourable terms for French fishermen. A desire having been expressed for a fuller discussion of the whole questioD, M. Ribot accepted an interpellation on the subject, which was rixed for a month hence. I have, &c. (Signed) LYTTON. * Forwarded March 94. ; r 22, 1890. the Marquis dng inquiry ion with the concurrence, ERBERT. 20,1890.) lave right of or are naval or equivalent new factories ler nation can li enables, but exactly equal us quo on the ^rcnch would exact number preparations 27.) h 26, 1890. jd from the |r for Foreign ibject of the libot defended \en it expired, secure more Lole question, [onth hence. fLyTTON. 369 Inclosure in No. 187. Extract from the "Journal Officiel" of March 26, 1890. Question, M. le PrMdent. — La parolo est h M. I'Amiral V^ron pour poser une question h M. lo Ministrc des Affaires fitrangircs. M, VAmiral V^ron, — Messieurs, je vicns poser uno question h M. le Ministrc des Affaires fitrangfti-cs, qui voiit bion I'acceptor, an sujct des diflicultds quo rencontrent DOS pficheurs de Terre.Neuvo dans rcxorcicc de kurs droits etablis par Ics Trait^s conclus avec I'Augletcrre i\ diverges 6poques, do 1713 a 1814. Je vais aussi prt^ciser quels sont ces droits ct comment ils interdisent i"i nos voisins de vonir nous faire concurrence ou nous gcnor sur les parties de c6te do la grando lie, d^limit^es par les Traitds. M. VAmiral Peyron. — Et nous en chasser ! M. I'Amiral Vfyon, — II y a plus d'un mois, j'avais demand^ ii poser cette m6mo question h. I'honorable M. SpuUer, en m6mo temps que jo voulais avoir des explications relatives ti la protection quo notro station navalc accorderait cette annde h, nos nationaux. Mais des ndgociations — qu'il nc fallait pas troubler— dtaient ontamdes avec le Foreign Office t\ I'effet d'obtenir un modus vivendt pour la prochaine campagne de pfiche, le temps manquant pour discuter k fond toute I'dtendue de nos droits. La ddmission de M. le Ministre est survcnuo juste au moment oh. il aurait pu me repondre i\ cette tribune, car le modus vivendi vonait d'etre; arrotd cutrc les doux Gouvemcments. J'cn parlerai naturellement au cours de ma discussion. Tl faut tout d'abord. Messieurs, quo jc vous rappellc quo, depuis quelquos anndcs, les p^cheurs Anglais non sculement se sont installes dans les baics ou souls nous avons droit de pficlic, pour y exploiter en m6me temps que nous, I'importanto iudustric des conserves de homard, que non soulemcnt ils ont gone nos nationaux dans roxcrcico de leur industrie, qu'ils lour ont fait uno s6ricuse concuiTcnce et un tort considerable pour I'avenir en prenant indistinctcment petits et gros crustacds (cc qui en amdnerait fatalement la destruction complete), mais que, n'arretant pas lit Icurs pretentions, ila voudraient aller jusqu'ii nous contester le droit d'y faire la pficlio on memo temps qu'eux ! en un mot ils voudraient nous en chasser. M. I'Amiral Peyron. — Voila la vdritd ! M. I'Amiral Ve'ron. — Deux fois j'ai deja eu I'lionneur de traiter cette question devant le Sdnat, lo 17 Janvier, 1887, ot le 24 Octobre, 1888. Plus rdcemment, le 20 Janvier dernier, I'lionorable M. Flourcns, lui aussi, devant la Chambre des D6putds, a de nouveau expose les plaintes do nos pficheurs, en faisant ressortir avec sa haute competence nos droits indiscutables et exelusifs dc pdche. Je ne veux pas renouveler devant le Senat tou*e la discussion que j'ai soutenue devant lui, aux doux seances que jc viens do rappeler ; il s'agissait de nos grands interfits commerciaux et maritimos ct de la ddfbnse do nos droits. Permottez-moi seuloment, Messieurs, de vous rappelor lo toxto do rArticlc V du Traitd do 1783 (Traitd dc Versailles) qui jiont-otvo oonsidere conime lo dernier conclu, car oelui de 1811-15 intorvcnu a la suite des guorrcs de I'Empire, n'on est quo la confirmation. A cette epoq\u', ot dopuis le Traitd d'Utroclit, lo " French Shore " (commc disent les Anglais) s'etendait depuis le Cap Bonavista est jusqu'ii la Pointe Riclie ouest, passant par le nord de la presqu'ile et sans aucune inteiTuption. Mais il y avait eu des rixes frdquentes entre les pecheurs des deux pays sur la c6te de Bonavista au Cap Sain f^- Jean, partie de c6tc ddja habitde par im certain nombre d'Anglais. L'Article V dit : — j'appoUe, Messieurs, toute voire attention sur cct Article qui est la base de ma discussion et qui fait ressortir le bien-fondd de nos droits — " Sa Majestd le lloi Tr6s Chrdtien, pour prdvcnir les queroUes qui ont ou lieu jusqu'ti prdsent entrc; le deux nations Anglaise et Francaiso consent h rononcer au droit de p6che qui lui appartiont onvortu do rAvticle XIII susmentionndo du Traitd d'Utroclit, depuis le Cap de Bonavista jusqu'au Cap Saint-Jean, situd sur la c6te oriontalo do 1'erre- Neuve ; ct Sa ^Majostd lo Roi do la (Jrando-Brctagno consent, do son cotd, quo la pfcchc assignde aux sujets de Sa Majostd Tri>s Chrdtionno, coranion^ant au dit Cap de Saint- Jean, passant par le nord ct descendant ])ar la o6to occidontale do I'llc do Terre* Neuve, s'dtende jusqu'a I'ondroit appeld Caj) llayo. Los pecheurs Fran9ais jouiront [269] 3 B }t ' ■ ' i ■'^. i ■■■■J , 11} ■■' r ^ ! / ,: i ': ' .''I I i ' "■ SH < . ■1 V i: III 870 do dc do8 deux 8nuveraiu8 aux p6clic nttril)ii68 a chaquo la pficho qui Icur ost assignee ])ar le present Article, commo ils ont ou droit dc jouir cello qui leur est a88igni''e par lo Tmit6 (rutrceht." Vou8 voyez, Messieurs, ce consontcment rdciproque chanpements npport(''8 dans la dt'ilimitation des lieux do nation ! N'est-ce pas li\ la meilleure preuve que nous poasedons bien ces droits do p6che exclusifs qui, du reste, ne nous avnient jamais ('•t*'' contcstds sdrieusoment jusqu'ici, et quo Lord Palnicrston confirniait lui-merae devant lo Parlement Mritanniquo en 1813 ? Voici main tenant cc que dit la declaration du Pldnipotontiaire An-^lais qui foit suite au Traits dc 1783 :— " Le Roi ^tant cntit'^rcraont d'accord avec Sa Majcstd Tri'^s Clir(5ticnnc sur Ics Articles du Traite D(5finitiF, clierchcra tons les moyens qui ponrront non seulcmcut en assuror I'exdeution avec la bonno foi ot la ponctualitd qui lui sont connues, mais do plus donnera do son cAt(5 touto rcfflcacit6 possilile aux principcs qui cmp6chcront jusqu'au moiudre germo do disj)ute k I'avonir. " A eette fin, et pour que les pechcurs des deux nations ne fassent pas naltro dt) querelles journali6rcs, Sa Maieste Britanniquc pretidra les nicsurcs les plus positives pour pn^venir que ses sujets no trouldent en aucuno nlani^ro, par leur concurrence, la pdclie des Fran^ais pendant rexereico tcmporairc qui leur est accord»5 sur les c6tos do rile dc Terre-Ncuve, et elJc fera retirer il cot cfl'ct les etahlissements sddentaires qui y seront formes. Sa Majesty Britanniquc donnera des ordres pour que les p6cheurB Fran^ais ne soient pas gen^s dans la coupe des hois ndcessaircs pour la reparation de leurs dchafaiids, cabanes, et bi\timents de peche." Remarquez, Messieurs, quel soin prend Sa Majesty Rritannique de declarer " qu'ello prendra les mcsures les plus positives pour empficher que ses sujets no troublent en aucune mani(Ve, par leur concurrence, la p6che des Fran^ais sur les c6tes, et qu'ellc fora retirer i\ cet effet les etablisscmonts sedcntaircs qui y seront formds." Ainsi I'Angleterre prenait ce double engagement : d'emp£'cber touto concurronco de la part de ses nationaux vt de supprimer toutes leurs habitations sddentaires. Or, dans les bales dont j'ai parl(5, les Anglais nous font aujourd'hui une rude concurrence ; ils ont install^ vingt et une homarderies, presque toutes dans des etahlissements s^dentaires, et vous allcz voir tout a I'licure qu'ils ne veulent pas dtre gfinds par nous ot qu'ils tendent a nous expulser tout h fait ! (Mouvement.) Cost i\ des textes aussi fonnels, aussi elaii-s, que Ton voudrait opposcr jc ne sais quelles arguties pour enlcver a nos pechcurs leur droit entier dc peche dans nos havres, parce que les Traiti^s ne parlent que ih\ peche et que ce mot, pretcndcnt les Anglais, est applicable seulement au poisson ct non au homard qui est un crustace. (Hilaritd.) M. le Baron de Lareinty : Le homard se ])eche eomnie le reste ! M. I'Amiral Ve'ron. — Vous n'avez, disent-ils, que le droit de " to fish " et non colul de " to catch." Or, Messieurs, les Trait^s de cette epoque etaient toujours libelld's en " languo Fran^aise : " aucune restriction n'y a &i6. introduite au sujet du mot " p^che " qui s'appliquc h, tous les habitants de la mer iudistinctement, et ])ar consequent on no saurait y trouver mati(^re i\ ces "interpretations" que les Anglais ont voulu y intro- duire depuis. II ])aralt que ce sont les officiers de la division Aaglaise qui ont entendu cxpliquor ainsi les Trait^s ; mais personne ne pent so laisser prendre a de pareilles subtilitds, et certes, je ne pcnse pas que nous uyoiis a redoutei- de voir les hommes d'fitat Anglais s'appi-oprier un tel mode d'interpretation. Cependant, M. Labouch^re, Membre eminent de la Ctiambre des Communes, dans un dlscours electoral, a, ces temps derniers, reproche iu Cabinet " d' avoir intente " sur les c6tes de Terre-Neuve une chicane miserable et ridicule Jl la France, en contestant le droit de p^cher le homard parce que cc n'etiiit pas un poisson, et cela aux applaudissc- ments ironiqucs dc son auditoire. En resume, en presence de parcils Traites, il mc semble qu'aucun doute n'est permis sur nos droits et que nous restons bien forts pour les faire valoir. Cost un devoir impcrieux pour nous. Je demande maintenant au Senat la permission de lui lire les passages les plus importauts des reponses qui furcnt faites, par les deux Ministrcs des Affaires Etrangdrcs en fonctioiis a ces epoques, a ma question relative a notre situation a Terre-Neuve, et celle que le predecesscur du Ministre actuel iit deni6reraent k I'lionorable M. Flourens. A ma premiere question, le 17 Janvier, 1887, M. le Ministre des Affaires Stran- g6res repondit : — " Comme je le disais tout k I'heure, le Traite d'Utrecht donne k nos armateurs un 371 it do jouir irains aux a chaquo do p6che isqu'ici, et on 1813? lis qui foit .08 Articles en assuror is do plus it jusqu'au ,s naltrc do IS positives urrcncc, la [os c6to8 dfi taires qui y s p6chourB paration de io declarer I sujcts no it les c6te8, formes." •oncurrcnco taires. Or, meurrcncc ; ihlissomcnts par nous ot >r ]G no sais nos havres, Anglais, est ilarit<5.) ;t non celui su " languo p^che" qui uent on no alu y intro- u cxpliquer ubtilitds, et ;tat Anglais nunes, dans itente " sur contestant ipplaudisse- n'est pcrmis un devoir gcs les plus }5trang6rc8 e-Neuve, et Flourens. lires iStran- mateurs uu droit do pcirhe abHolii et sans restriction. Pnr conseqiioiit nous ii'entendoiis nullemcnt leur eontoster lo droit do proenlcr h. la p^;elio du iioinai-d : non sculenient nous eutea- dons uo pas leur oontesti'r co droit, niai cneoi'e Ic lairc respecter. " Nous (Mitendoiis etnprclu'r (luo les Imbitauts de Tcrro-Nouve n'empiMent sur les droits de nos nationaux. lis out uioutro dans cos eireoustunecs pcu d(! dispositions i\ ciitrcr en accord nvcc nous et a sanctiouncr la Convention dont j'ai parle; a raison do CCS fails nous juj,'(;()ns h propos dc les traitcr avcc inoius d'iudulijencc! (iu'ant(5ricure. mont ; des instructions out etc doniu'cs a c(;t cITet dans li-s ternies les plus precis." A nia deuxic^'me qucjstion sur Ic nu'ine olyct, le 21 Octohre, 1888, M, lo Ministro des Allaires Rtrangt^'rcs rcpoiulait, toiijonrs a propos de la gene apportoe a notre Indus- trie par les peclieurs do lioniards Au;^luis : — " Cos exploitations n'ont i)as la droit do g^ner la n6tro. Notro droit etant un droit exelusif, il pent bien coniportcr une (lertaine tolerance vis-a-vis des iVnglais alors qu'ils n'entravent pas I'exerciee de notre droit ; niais, toutes les tbis quo nous ron- controns un obstacle qui constitue veritablement une gene jjour notro exploitation, nous avons Ic droit, nous avons le devoir de le I'aire disparaltrc." A propos de cette tolerance dans nos bavres, il est nidispensabb! do fairo reniaruucr quo quelques-uns sont niomentanement inoccupes par nos peclieurs, paree que, dans cos dernifircs anneos, la moruo a do temps en temps presquo compU^'toment disparu; mais cbez tons les poissons migrateurs, on pout constater de semblables intermittenccs ; la sardine, par exemple, avait pendant cinq ou six ans (Miti5rement ddserte nos cOtes, si bien que nos nombreuses usines no trouvant i)lus a s'aliraenter s'dtaient trausportees on Alg(5ric et on Portugal ; puis ello nous est revenue en abondancc dans cos deruicrs temps, nos usmcs ont 6i6 rouvertes et ont r(>couvre lour aneionne prosperite. La moruo tinira probablemont par reprendre ses aneiennes habitudes, ot alors vous verrez nos pC'chours Bretons et Normands rearmer lours naviros commo autrefois et revenir dans cos baies oil nous devons avoir grand soln de no pas laissor s'titablir do servitudes provisoiros qui pourraient d4g6n6ror en prescription. D^flons-nous ! (Trds bien I tr^s bien I }\ Droito.) Qu'arriverait-il si, commo jo viens do Ic dire, la moruo rovenait et si nos armateurs voulaient vcnir s'dtablir de nouveau dans cos bavres qu'ils trouveraient oecupos par les p^beurs do liomards. Anglais ? Les milliei's de casiers tendus sur la c6te empeclieront nos sennes do fonetionner et par eonstSquont troubleront, paralyscront notre Industrie. Or, vous avez vu dans lo Traito quo j'ai lu tout a I'licure, si les Anglais ont le droit do g^ner nos pooheurs. (Tr6s bien ! tr6s bien ! a Droito.) Enfin, dans sji rt5ponse a I'lionorable M. Elourons, le 20 Janvier dernier, je trouvo les ddelarations suivantes du Ministro des Aifairos fitrang6res : — " Les populations do Terro-Nouve profosseut bautement la doctrine que I'lle appartient aux Terre-Nouvions, ainsi que tous les droits inherents ii la propriety. Quoiqu'il en soit de la doctrine en question, les Traitos subsisteront toujours dans touto leur int^grit^, quelquo soit la destin^e politque de Terre-Nouvc." Et en effet. Messieurs, les Traitos sont faits aveo la m^tropole et non avec les Parlements Coloniaux : coux-ci n'ont pas h les discuter avec nous. Cost done un argument qu'on doit 6viter do laissor introduire dans le debat. Ainsi vous voyez que les trois Ministres qui se sont succedo depuis trois ans ont envisagd de la m6mo mani^ro la question do nos droits sur notre littoral dc Terre- Neuve et que, par consequent, les m6mes instructions auraient dd etre donnees eliaque annee an Commandant de notre station. (Tri^s bien ! tr(>s bien ! h. Droito.) Cependant, dans cos trois anndos 1887, 1888, et 1889, nos peclieurs no so sont pas sentis prot<5g<5s de la m6inc fafon, et, d'aprcis les plaintes portdes par certains d'entro eux, on pourrait dire qu'ils out etc relativement delaissds I'an passe. Bien eutendu. Messieurs, je n'accuse en aucunc fa9on mcu jcuues camarades dc la Marine ! Commc I'a dit le Ministro de la Marine : " II faiit que les instructiouB donnees soiont bien nettes et bien precises. Le Commandant de la station uuvale a le droit de les r6clamer et quand il les aura rogues il los (>xecutera avcc sagosso et fcrmete ! " (Tri^s bien ! tvdn bien !) Or, j'ai lieu do croire que, lors de la dernii'ro campagne de peclic, le Commandant n'avait pas les instructions suffisantes. Cette annee, notre Commandant aura des instructions, mais ce sera pour faire executor ce modus vivendi qui vient d'etre conclu enter les deux Gouvernements. . En peu d'instants je veux I'examincr. Nous y trouvons les peclieurs des deux nations pouvant se livrer simultandment a la peebo du bomard dans les baies et aux lieux oil ils etaient otablis Ic I" Juillet 1889, et cola sans qu'ils puissent so gencr dans lours travaux. [269] 3 B 2 u ■ V" 8Tt I-' ' t I ! S i:- '11 rl I C'est-h-diro nuo 1)>r clauiioH (1«« don 'Iraitc^s Hont nbsolumcnt a1)an(lonntablir dans U-n haies oh lis sont, Snrco qu'ils y dtaiont au 1" Juillct, 188i). Et voilil ([u'lls nous parlont maintonant 'indomnitds i\ Icur payer en ens de gt'ne ! (Sourircs.) Comme nous sommcs loin do la declaration des I'U'Miipotontiaires de 1783 ? (Tr^ bien ! h Droitc.) Je mo borne h ces quelques critiques pour montrcr quo notre Gouvcrnenient a dft avoir dos raisons bien majeures (Sourircs approbatifs i\ Droite), et que jo no connaii Sas, pour avoir consenti it I'abnndon — momentanc^, jVn suis bien sur, — do tons nos roits, et j'esp6ro quo co modun vivendi aura vecu I'an prochain. (Nou voiles marques d'approlmtion j\ Droite.) Messieurs, la nation avec laquollc nous avons ce diffcrend, qui reccvra vite, je Tesp^rp, uno solution conformo au droit ot i\ In justice, c'est la colossalc Puissance coloniale qui, apr^s avoir occupd dans toutes les parties du moiule d'iramonsos et ricbes torritoires, a su, grftco h I'^norgie ot h la ]»er8(^v(^rance do la rnco Anglo-Saxonno qu'on est obligd d'admiror 3/. le Comte de Tr/veneuc. — Et qui a I'appui do son Gouvemcment qui ne I'abandonnc pas. M. I'Ainiral V/ron .... dounor a scs possessions lui dt'jvcloppomont et une prosp^ritd sans par»'ils. Uu bommc d'fitat competent, Sir diaries Dilko, dans lo long ouvrngo qu'il vient de publier sur " TEmpiro Colonial Britannique," expose que la superficio est dgalo i\ trois fois ccUe do I'Europc, quo son revonu est de 5 milliards 250 millions, et qu'il est maitre do la moitie du commerce maritime du mondc. Se postant sur toutes les cAtes, prenant d'innombrablos lies sur les oceans ou los mors int(5riouros, I'Angloterro a ftni par onserror lo mondo dans un merveilleux r&cau strategiquo d'ou cllc survcillc tons sos mouvomonts. A'oyez, par exemplo, avec quel soin cllc a occupe la route do l'Extr6mc-Oriont : Gibraltar, Malte, Cbypro, Suez, Aden, &c. Vn S^nateur. —Et I'figyptc ! M. I'Amirnl V/roti. — Voilit plus de 200 ans que rAnglcterro a commence ses conqudtos, ot sa politique (5trang6re, dirigde exolusivemont par son babilo aristocratie, n'a j)as varid un soul instant ; toujours olio conserve lo rafimc objectif, toujours cllc a sous los youx la carte du mond(>, y marquant los points qui t6t ou tard devront 6tre ajoutds aux tieurons do la Couronno Britannique. Et elle a plusiours manidros pour opt5rer ses conqufitos. C'est d'abord lo droit de la guerre, qui ddpouille le vaincu au profit du vainqueur ; Ensuito, lo droit de premier Occupant, droit qu'elle a toujours roconnu pour oUe- mSme en le contestant. . . . M. Blavier. — Aux autres ! M. VAmiral Ve'ron . . . . le plus souvent aux autres nations. Ce sont enfln ces occupations, ditcs temporaires, mot rassurant employ6 aujourd'hui pour I'figypte et pour Chypro commc il le fut jadis i\ I'dgard de Malte, et vous savez ce qu'il en advint. Je ne puis croire que I'Angleterre veuille inaugurer aujourd'hui une quatri^mo mani^re, cello de contcster a une nation amio des droits sdculaires, conscntis par sos Souvorains, plusiours fois affirmds par les Traites, pour les dctourner il son profit, et finalomcnt pour nous enlevor ce qui nous reste de nos possessions du Nord- Amerique. Quand furent i-edigcs ces Traitds qui r^glont notre situation respective a Terre- Neuve, j'ai rappele, Messieurs, avec quellos minutieuses precautions les Souvorains des deux pays s'dtaient attaches a en fairo disparaitre toute equivoque, afin d'dcarter pour I'avenir jusqu'au moindre germe de conflit entre les deux nations. J'ai lo ferme espoir que le Gouvernemont Britannique est aussi soucicux aujourd'hui de perp^tuer la bonne harmonic de nos rapports ot qu'il ne voudra pas se ddpartir envors nous de la fiddle execution des Traitds et du respect des droits acquis. (Approbation h, Droite.) ;*73 .IV»p^ro quo; do non cAttS r.; Ire Ooiivoi'iiomont so mntitrem fcrmcmont, r^Molu iN (Idfciuiro lc8 inttV^tN do iios imtionnux. Voili\ pniirqiioi, hiiiim inV'tondro diivimtn^o siir iint' diHciiHsion diii me piirnit ([III ^jiuiBoo, jo doiiinndo h M. lo Miuistro dos AlVniros Rtmll^^l•os dc! vouloii- l)ion rnsHuror jioiir I'avonir iios iirnintourH ot nos poimlatioiis dii littoral on voniint a cotto tribune afllrmor, (lonnuo hos prddocossourH, nos droits oxolusil's do p^^clic siir Ioh oAtrs d(! la f)artio nord do TcrrtvNouvo doliinitoos par Ioh 'rniltt''H, «'t iiouh dontior la cortitudo quo OH ii^'j^ociationH vont continuor avc8 bicn 1 trf's bicn ! — Vivo approbation k Droito.) A/, le Comte le Tre'veneuc. — Co modnn vivetidi est outracoant. M. le President. — La parolo ost i\ M. le Ministro dos AtTairos Rtranp^res. M. Ribot (Ministro dos AtVniros fitran(,'^res). — Messieurs, j'ai aocoptj'! avoo oniprcasse- ment la question quo I'lionorablo Aniiral V(5n)n a bion voiilu m'adresser, parco qu'oUo mo fournit I'occasion do faire conualtro aux arniatours ct h nos l)ravf!8 inarms la situation qui r^sultcra pour cux, durant cotto campagno do 1890, des arrangements provisoircs conclus par lo Cabinet prooedont. M. I'Amiral Vcron a parfaitoment cxpliqud los droits qui rdsultont pour nous du Traits do 1713 et des 'Iraitds postiJriours do 1783 ot do 1815. Cos Traitds nous ont donn6 un droit absolu et oxclusif do pficho sur lo rivago qui est ddtermind par lo Cap Rayc ot par le Cap Saint-Jean et qui s'appoUo, vous lo savez, lo "French Shore." Je n'hdsite pas i\ affirmer, commc Tout fait mcs prdddcessours li cetto Tribune, que ce droit do p6che inscrit dans los Traitds est absolu, oxclusif, qu'il no comporto aucuno distinction. (Tr^s bion ! tr6s bien ! sur un grand nombro dc bancs.) Jusqu'ti CCS dcrnij^res unnt'cs uucunc difilculto no s'^tait <51cvoc, mais, dopuis que la moruo est devenue moins aboudanto dans cos parages, on a d mo mettre aux ordres du S^nat ; mais je crois devoir faire remarquor aux intorpellateurs quo j'aurai fort pou de chose h ajoutcr a la declaration que je vions d'avoir I'honnour de faire. (Trie's bien ! trds bion 1) M. le Marquis de V Angle-Beaumanoir. — C'est nous qui aurons quelquc chose ^ ajouter ! M. le President. — Le rftglemcnt m'obligo t\ poser la question au Gouvornement. M, le Ministre des Affaires l^trangf^res viont de doclai'or qu'il so tcnait h la dispositions du S^nat. M. do I'Anglc-Bcaumanoir deraande la diseussson immediate. Plusiours Sdnateurs a Gauche. -Non ! non ! A un mois ! (llunieurs a Droito.) M. le President, — Jo vais consulter le Sonat, D'un c6t6, on demande la discussion immediate ; do I'autrc, on dcmando le renvoi a un mois. (Exclamations a Droite.) I'crnK'ttez, iressiours ; (;'ost le droit, de vos coll6gues de combattro la discussion immediate, commo c'ost eelui de M. I'Anglc- Beaumanoir de la demander. Jo mots aux voix, selon I'usagc, la date la plus eloignec, c'ost-a-dirc lo renvoi »\ un mois. No. 188. Colonial Office to Foreign Office. — {Received March 31.) Sir, Downing Street, March 21), 1890. I AM diirctcd by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a telegram from the Governor of NoAvfoundland, inquiring whether the telegram from " 's Department of the 24th instant, the draft of which was approved in your letter of tuv '^'^nd instant, may be communicated to a Joint Committee of both Houses of Parliarae. appointed to fmmo an Address on the subject of the modus vivendi, together with the reply Avhich Lord Knutsford has addressed to the Governor. 1 am, &c. (Signed) llOBERT G. \V. nEllBEllT. Inclosure 1 in No. 188. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received March 28, 1890.) JOINT Committee of both Houses of Parliament appointed to fmmo Address on modus vivendi. Ministei-s request that your Lordship's t(>iegram of the 24th March in which possibility of date alteration suggested be commimieated to Joint Committee. Am I authorized to communicate ? Inelcsure 2 in No. 188. Lord Knutsford to Governor Sir T. O'Brien. (Telegraphic.) Doirning Street, March 29, 1890. REFERRING to your telegram of 27fh Maroli, in my telegiiim of 24th Mai'oh I did not suggest possibility of an alteration in date, but that French Government might agree to mnintenanco of status (/mo ante 1st .luly, 188'.). You should give it to Committee, and telegraphic correspondeiuro resptieting modus rivrndi ; and it is most desirable that Iwfore fmming Address tliey should await arrival of my dospatoh of 2l8t March, now on the way, giving aeeoimt of negotiations. ^■i 376 No. 189. U ii 'I ;m H) „ J :" Colonial Office to Foreign Office. — {Received April 7.) (A.) Sir, Downing Street, April 5, 1890. T AM directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a telegram received from the Governor-General of Canada, together with a copy of the reply which was returned to it, relating to the modus Vivendi recently arranged for this season witli the Government of France in regard to the lobster fisheries on part of the coasts of Newfoundland. I am also to inclose a copy of a despatch addressed to the Governor-General of Canada, communicating to him a copy of the modus vivendi. I am, &c. (Signed) JOHN BllAMSTON. Inclosure 1 in No. 189. Lord Stanley of Preston to Lord Knutsford. (Telegraphic.) {Received March 27, 1890.) PLEASE telegraph for information of my Ministers, who wish to know whether modus vivendi with Emnce prevents Canadian lobster packei-s packing and fishing on the shores of Newfoundland where French have certain Treaty rights. Inclosure 2 in No. 189. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) Downing Street, March 28, 1890. THE 7nodus vivendi will be sent to you. Under it no new fisheries or factory not established previous to 1st July, 1889, can be allowed imless the French and British naval officers jointly consent. As it is doubtful how far new factories made or projected by Newfoundland inhabitants will be permitted, there is not any probability that new establishments by Canadians can be allowed. Inclosure 3 in No. 189. Lord Knutsford to Lord Stanley of Preston, My Lord, Downing Street, April 3, 1890. WITH reference to my telegram of th(^ 28th ultimo respecting the modus vivendi recently arranged with the French Government with regard to the lobster fisheries on the west and north-east coasts of Newfoundland to which the French rights of fishery extend, I have the honour to transmit to you, for your information, and for that of your Ministers, a copy of the modus vivendi in question. I have, «&c. (Signed) KNUTSFORD. { - f f Ii I No. 190. 3/. Waddington to the Marquis of Salisbury. — {Received April 7.) M. le Marquis, Londres, le 5 Auril, 1890. PAR Sa lettre en date du 31 Ddecmbre dernier, Votre Seigneurie m'a fait connaitre les observations du Gouverncment do la Reine, en r<5ponse h uno note par laquelle le Chargd d' Affaires de la Rdpublique avait indiquiS pour quels motifs nous considdrions le Commandant du " Bisson " ju9tifi6 dans les mesures qu'il a prises pour fairc disparaltre des obstacles constituant uno gene i\ la pAche Fran^jaise dans les eaux de rUc Kepp(!l a Terre-Neuve. Ces observations font ressortir le disaccord qui existo entre les deux Gouvernements sur la question dont il s'agit. 377 )r-General of Une opjiratioii ilc meiuc nature cffectuee dans des conditions scmblablos par le Commandant du " Drac " a la 13aio dc Sainto-Marj^ucrite, pendant la meme saison de pficlic a ^'ite, depiiis, I'occasion d'obscrvations similaircs que I'Ambassadeur dc Sa Majesti^ Britannique a Paris a consignees dans unc note remise par lui h M. Ic IMinistro des AiTaires fitrangtVes Ic 1(5 Novembrc dernier. Dans co cas commc dans le precedent, il s'agit de casiers a bomards appartenant au Sicur Sbearer et constituant pour notre pficlio une g6ne al)solument contrairc, dans notre opinion, aux droits quo nous tenons des Trait^s. Ainsi que le sait Votro Scigneuric, pour des motifs que cctte Ambassado lui a exposes a diverses reprises, nous tenons que les Traitds nous accordent le droit do capturer toutes les espc>ces qui vivent dans la mer. II nous est impossible d'admettre que nos pecbeurs bdneticicnt des privileges que leurassurent les Traitts s'ils s'oceu])ent de certaines espies marines et en soient prives s'ils s'occupent de ccrtaines autres. Leur droit a une p6che libre et non troublee dans les limites geograpbiqucs traeecs j)ar les Conventions a toujours 6t6 reveudique par nous et ne saurait etre Idgitimement contcstd. Les arguments opposes a notre tb6se ont etc bien souvent refutes. .Te no recommencerai point cet expose qui est fait en detail notamment dans la note que j'ai adressde ii Votre Seigncuric le 15 Decembre, 1888. Dans le cas qui nous oceupc le Commandant dc la Station Navale Erangaiso avait cru atteindre le dernier degre de la mod6ration et de la conciliation en proposant au Commandant, Sir B. Walker, pour cctte annee et sous reserve des droits rcspectifs, une delimitation des fonds de peebe de la Baie Sainte-Marguerite, laissant aux peclieurs de bomards des (bnix nations I'espace nccessaire a I'utilisation de lours casiers. A la fla du mois de Juillct dernier I'usine Sbearer de Brig Bay persistant a oecupcr les terrains dc p^x'be reserves par le Commandant dc notre station a nos pccbeurs, ordrc; a eto donne au Commandant du "Drac" de relever tous les casiers de cctte usinc qui seraient mcles aux casiers Francjais sur ccs differents points. La Division Navalo Anglaise a cru devoir prescrire aux pccbeurs de la maison Sbearer do roplacer leurs casiers aux momes endroits ; et liord Lytton a formuld dans la note precitee des observations au sujet de rintervention du Commandant du "Drac." Mes notes anterieures et specialement celle que je visais plus baut rcpondeut par avance a la plupart des observations formuldes par sou Excellence I'Ambassadour d'Angletcrre. L'existcuce et Textcnsion des bomai'dcries Britanniques sur les cotes qui nous sont rescrvdes n'ont cessc do donner lieu de notre part aux protestations les plus justifldes. Les pdcbours de ccs usincs occupent au moyen de cbapelets de casiers des etendues considerables du fond oii nous avons un droit de p6cbc privilegie. lis rendent la c6te inutilisablc pour nous pour toute pecbe quelconque, celle de la moruo aussi bien que toute autre ; lis cbassent le poisson par la presence et la manoeuvre do leurs engius ; au cas ou malgre ccs operations le poisson so prescnterait sur ces points, les filets de nos pecbeurs y seraient inutilisables et seraient ddebirds par les casiers. Ccux-ci, d'autre part, ne sauraient commc des filets ordinaircs ou tous autres instruments flottants, 6tre, en cas de besoin, retires de I'eau rapidement ; un retrait fait an dernier moment n'aurait d'autre etfet que de cbasser le poisson et scrait sans utility. L'6tendue gdographique de c6tes quo les Traites nous reservent, so trouvc done ainsi rdduite au grd et d'aprds le bon vouloir et les int6i'cts dc simples particuliers. Votre Scigneuric rcconnaitra, j'en suis certain, qu'une situation semblable n'est point coniormc aux Conventions existantes, et cUo ne saurait etre acceptec par lo Gouverncmcnt do la llt'publique. II y avait dans lo cas present gene pour nos pecbeurs, et j'ai rap]iele, du moins par voie do r^fdrence, comment nous ne pouviotis Considerer qu'une distinction pAt etre Idgitimemeut dtablie entre les pecbeurs do bomards et ceux de toutes autres espftces marines. La suppression de cetto gene iStait indispensable. Inddpendammcnt dc ce point, les obseiTations de son Excellence I'Ambassadeur d'Angletcrre portent sur la mani^re dont la g6ne et lo trouble dcvraient etre constatds ct supprimds. Co soin serait cxclusivcment r6serv6 anx ofiiciers de la station navale Anglaise. Votre Scigneuric n'ignore pas qxie sur cc point encore, la manifrc de voir do mou Gouvememont n'est point conforrac i\ celle qu'exprime liOrd Lytton. Des droits rdels, tangibles, nous ont 6t6 concedes par les Traites ; nous avons la faculty d'en user en toute liberty sans interruption ni trouble. Qu'iui cas de trouble ou de gene so produisc, nul que nous n'est en situation dc rai)prdcicr ; nous ne pouvons ddldguer ti [269] 3 I I \ i 378 pei-sonne un soin jmreil ni placer en mains tierces un poiivoir do limitation de nos droits, pouvoir qui (Schapperait h uotrc contrAle. Dans I'uspgc ct en fait, toiites Ics t'ois qu'uu navirc Anglais s'est trouv6 sur les lienx, la oonstatation de la gene a 6t6 faito i)ar nos officiers ct I'onlivement do robstacl(> 11 etc dcraande pai- eux anx officiers Bx'itanniqnes. Mais lorsqu'aucun navire Anglais nc se tronve sur place, nos officicra no peuvent que i)roceder eux-mfimes au rctxiblissenient de l'6tat de clioses normal et conformc aux Traites. Dans sa note precitee. Lord Lytton mentionne (jue le navire Anglais "Lily " 6tait dans le voisinago, mais il n'ecliappera ])as h votre Seigneuric que dans des questions de pficLc, tout d^lai pent etre nuisible et que maintc occasion de capture echapperait i\ nos peeheure si k chaque occasion on devait recourir i\ un navirc Anglais m^me lorsqu'il uc s'en trouvo pas sur les lieux. Les circoii stances particuli^res que j'ai rappeltSes plus haut ct les envaliisscments ineessants du Sieur Shearer justiflaient d'ailleurs tout specialement Taction k laqiielle Ic Commandant de notre station navalc a dA so r<5soudre. Pour toutes ces raisons la conduite du Commandant du "Drac" paralt au GouverncmcTit do la Republique avoir 6t6 Mgitime. 11 ne saurait en revanche laissor passer sans Ibrmuler de justes reclamations I'ordrc donue par le Commandant de la Station Hritanni(|ue de retablir sur les points d'oii ils avaient etc retires les casiers du Sieur Shearer, c'est-u-dire, la cause de trouble et de gene pour noti'c peche que nos ofliciers, s'appuyaut sur les Traites, avaient present de fairo disparoitre. Vpuillez, &c. (Sign6) WADDINGTON. . , i; ;} •li ( ■ t i (Translation.) My Lord, London, April 5, 1890. IN your letter of the 31st December last your Lordship informed me of the views of Her Majesty's Government, in reply to a note by which the Cliarge d'All'aires of the llepublic had explained the i-casons why wc considered the Commander of the " Itisson " just itied in the measures taken by him for the removal of the obstacles which constituted an impediment to the French fishery in the waters of Kepj)el Island, Newfoundland. These views show the divergence existing between the opinions of the two Governments on the (juestion at issue. Similar proceedings on the part of the Commander of the " Drac," under similar eireumstanees in St. Margaret's Hay, in the course of the; same tishery season, have siueo giv(>n rise to observations of the same tenour, which JFer Hritannic Majesty's Ambassador in Paris embodied in a note left with the Minister for Foreign Affairs on tlie Kitli Xoveiuber last. In this ease, as in the last, the question arises out of certain lobster jiots belonging to Mr. Shearer, and causing an impediment to our fishery which is, in our opinion, quite contrary to the rights we hold by virtue of the Treaties. As your Lordship is aware, from the arguments set fortli at different times by this Embassy, we hold that the Treaties give us the right to cajjture all species of marine animals. We cannot admit that our lishermen would fully enjoy the privileges accorded to tliem by the Treaties if they were allowed to catch certain marine sj)ecies only, ami not certain others. Their right to free and unimpeded fishing within the geogmphical limits laid down by the Treaties has always been insisted upon by us, and cannot riglitly be contested, 'iiie arguments brought forward against our views have often been refuted. £ shall not recommence this reasoning, which is to be found in detail especiallv in tlie note which I addressed to your liordship on the 15th December, 1888. In the case now under consideration, the Commander of tlie French naval station thought ho had gon(! to the utmost limit of moderation and reeonciilJM'ion in pi-oposing to Sir IJ. Walker for tliis year, and with reservation of all respective rights, a delimitati(m of the tishiiig grounds in St. Margaret's IJay, leaving sufficient space for the emi)loyment of tiicir lobster traps to the fislun-meu of botii nations. At the end of .inly last, as Mr. Slieai'cr's factory at Brig Bay ])ersist,ed in occupying th.o grounds which the Comman(h!r of our scpiadron had reserved for tin; use of our lishermen, the Coiuniandcr ol" the " J)rae " was ordered to raise all such lobster traps of tliat factory as were intermingled with the Fnjnch traps on those different spots. The JMiglish naval squadron has instructed the fishermen of Mr. Shearer's factory to reset their traps on the same spots, and Lord Lytton in the note above referred to made certain observations on the subject of the intervention of the Commander of the " Drac." 379 on de nos iv6 SUP les irement do cun naviro -mcmes au as sa note I voisinago, , tout d61ai iclieui's si a s'en trouvo lis haut ct (^cialement paralt au iclie laissor idant do la s casiers du cho quo nos NGTON. il 5, 1890. [)f the views il'aires of the 10 " Uissou " 11 constituted iwfoundland. jovernmcnts nder similar have siuco Majesty's Affairs on lit of certain hory which itics. iines by this of mariuo privileges tain marine dcd fishing iisisted upon against our r, which is iordship on laval station ill proposing ,e rights, a Icieiit space ins. At the ^upying tho use of our lobster traps [nt spots. |r. Shearer's note above Ition of the ]My previous notes, and especially the one above mentioned, have anticipated a reply to most of the argiimonts brought forward by his Excellency the British Ambassador. The existence and extension of tlic British lobster factories on tho coast reserved to us have never ceased to call forth the most M'cll-founded protest on our part. The fishermen of these factories oiicupy, by means of strings of lobster-pots, a large portion of the grounds over which we have privileged tishery rights. They render the coast useless to us for all fishing whatever, cod fishing as well as other ; they drive aM'ay the fish by the presence and working of their contrivances ; in case tlie fish, in spite of them, does appear in these spots, the nets of our fisbcrnien cannot l)e used, and would be torn by the lobst(T-traps. Moreover, these nets cannot, like ordinary nets or othe-r floating gear, bo, in case of need, rapidly withdrawn out of the water : such a with- drawal at the last niomont avouUI have no other elTcct tliiui to drive away the fish, and would be (piite useless. Tlie goographicai extent of the coast-line reserved to ns by Treaty is thus restricted at the pleasure! and in the interest of other individuals. Your TiOrdsliip will admit, I am sure, that sucli a state of tilings is not in confor- mity witli existing Treaties, and cannot be accepted by the French Government. In the present case there Avas an impediment to our iishermen, and I have already referred Your Lordship to my previous arguments, that w(> cannot consider that a distinction can legitimately be established between tishing for lobsters and tishing for any other marine species. The removal of this impediment Avas indispensable. «, Apart from this point, the remarks of his Excellency the J3ritish Amliassador rt>fer to the manner in whiclithe existence of such an impediment should be proved and tlic obstaele i-enioved. This, it is alleged, is a duty reserved to the olTicers of the Jiritisli naval station. Your liordship is aware that on this point also the views of my Government arc not tliose expressed by Lord Lytton. Eights of a real and tangible cliaractcr have been conceded to us by tlie Treaties ; we arc entitled to exercise these rights with entire liberty, without interruption or hindrance. Tf a case of hindrance or impedi- ment arises, none but ourselves are able to judge of it ; we cannot delegate siieli a duty to any one, nor hand over to a third party a power to limit our rights, a power which woidd thus escape from our conliol. .Vs a matter of custom and of fact, whenever a British sliij) has been on the spot, tho existence of the impediment has been declared by our otticers, and the removal of the obstaele demanded of the British officers. But when no British ship is on the spot, our ollicers cannot but themselves proceed to the rc-cstablishmcnt of the normal state of things, in conformity with the Treaties. In the abovQ-mentioncd note Lord Lytton mentions that the English ship " Lily " was in the neighbourhood, but Your Lordship will understand th tt in questions of fishery, any delay may do harm,- and that many a chance of a catcli would be missed by our fishermen if on each occasion rccoui-se Avere obliged to be had to a British ship, even Avlien there Avas none on tho spot. Tlie particular cases Avhich I mentioned above, and the constant encroachments of Mr. Shearer specially justified, moreover, the action Avliich the Commander of our naval station saAV himself comjielled to take. For all these reasons, the conduct of the Commander of the " Brae " appears to the Government of the Republic to have been justified. On the other hand, they cannot pass by without protest tho orders given by the Commander of the British iiaA-al station for the resetting, on the very spot from Avhich they had been raised, of IMr. Shearer's lobster pots, that is to say, the real cause of the trouble and hindrance to our fishery, Avhich our officers, in accordance Avith the Treaties, had caused to be removed. I llftVO &c (Signed) ' WADDINGTON. Hi tA 1 [269] 8 C 2 ; .^ s ;i t, ■ ■'f i ■ ■r^ li \ s • \ \ 4 1 ' ' \ ■ *•* g 380 No. 191. Colonial Office to Foreign Office, — {Received April 8.) Downing Street, April 5, 1890. I AM directed by Lord Knui;stbrd to trausinit to you, for the information of the Marquis of Salisbury, a copy of a telegram from tiic Governor of Newfoundland, reporting the introduction into tUe Colonial Legislature of a Bill repealing the Act of 1888 for the abolition of cod-traps, together witli a copy of the telegram which has been sent to the Governor in reply. I am, &c. (Signed) JOHN BRAMSTON. luclosure 1 in No. 191. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received April 1, 1890.) ACT of Parliament proposed by unofficial Member of Parliament repealing Act for abolition of cod-traps. I have remonstrated strongly to Prime Minister, who informs me that it is sure to be passed by Legislative Assembly, as opinion is unanimous in consequence of large number of Petitions in favour of it. Will affect the whole island. Inclosure 2 in No. 191. Lord Knutsford to Governor Sir T. O'Brien. (Telegraphic.) Douning Street, April 2, 1890. REFERRING to your telegram of the 31st March, there is reason to fear that any legislation for legalization of cod-traps would fvu-ther diminish any prospect of making arrangements at all favourable with Prciich Government. IJnlcss Bill contains suspending clause, it should be reserved for signification of Queen's pleasure, and accompanied by statement of arguments for justification of legislation. No. 192. Colonial Office to Foreign Office. — {Received April 10.) gif Downing Street, April 9, 1890. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a telegram from the Governor of Newfoundland, stating the policy which his Government intend to pursue with regard to the Bait Act. I am, (Signed) &c. EDWARD WINGFIELD. Inclosure in No. 192. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received April 8, 1890.) LICENCES for the purchase of bait in Newfoundland ports, under Bait Act of lB89 will be this year issued on payment of 1 dollar per ton register to ftshing-boats belonging to France as well as other countries, each ship limited to one barrel bait per ton register. 881 No. 193. Colonial Office to Foreign Office. — {Received April 15.) Sir, Downing Street, April It, 1890. WITH reference to the letters from this Department of the 17th and 21st March last, relating to the modus vivendi agreed upon with the French Government in regard to the lohster fisheries this season on part of the coast of Newfoundland, I am directed by liord Knutsford to transmit to you, to ho laid hefore tlu^ Marquis of Salishury, an extract of a despatch from the Governor of Newfoundland, inclosing Resolutions adopted on the same day by the Legislative Assembly and Legislative Council upon this subject. Lord Knutsford merely proposes at present to acknowledge the receipt of the Governor's despatch, and to refer him to the Searotary of State's despatch of the 21st March, adding that Her Majesty's Government will be glad to discuss the whole question with Sir William Whiteway on his arrival in this country, which his Lordship trusts may not bo delayed longer than is necessary. Lord Knutsford would l)c glad to be informed wlu'ther Lord Salisbury concurs in this course. I am, &c. (Signed) JOHN BRAMSTON. inclosure 1 in No. 193. Governor Sir T. O'Brien to Lord Knutsford. Government House, St. Johns, Newfoundland, (Exti-act.) March 15, 1890. LATl-' on the evening of the 12th instant I received from your Lordship the message conveying the text of the modus vivendi Avith France, which I immediately communicated to the Premier, and, it being impossible to get an Executive Council together for the next day, the matter was not brought forward until yesterday, and was under discussion at tlic time when the telegram containing the daily epitome of general news, in M'hich the Arrangement was mentioned, came to hand. 2. The House was to meet in the afternoon, and the Ministry felt that they had better forestall any action in the Assembly by sending their protest at once, which I accordingly, at their request, did. 3. It was then decided that the b(>st method of publication would be to have the text of the modus vivendi take the form of a Message from me to the House. 4. The House sat imtil late last night, and this morning I received the accompanying Resolutions, the purport of which I duly communicated to you by telegraph. 5. The excitrnient here is groat and general in all classes of the population ; public meetings are talked of, as the people feel that the time has come for concessions to be made by, and not to, France; and though I am aware that it is dilficiilt, if not impossible, to approach the question of the internal fiscal policy of a neighbouring Power directly, still, with the precedent of the sugar bounties before \is, I, as the mouthpiece of the colonists, cannot but express a hope that either as a suggestion, or by some indirect mode, when the question of the prolongation of the fishery bounties comes on (next year, 1 believe) for consideration in France, some means may be found by the Imperial Government to support the grievances of Newfoundland, such, for instance, as informing France, in the event of any future correspondencei or protests, that she has the remedy in her own hands. For I am convinced that, were it possible to divert the bounties now paid on French-exported fish, be it but to Italy and Spain, into some other channel, then all difficulties in the auestion of the Bait Bill, lobster and fishing Treaty rights, would at once vanish, and a permanent settlement acceptable to all parties would be easily aritinged ; thus setting at rest a question that for nearly two centuries has so constantly endangered the amicable relations of two r \ \. I ii V f i '\ ill ifa 15 i ! a 382 great countries, aud inflicted untold injury on the development oE thc.resourccs of the oldest member of Britain's Colonial Empire. laclosure 2 in No. 103. Resolutions passed Inj the Legislative Assembly of Newfoundland on the I4th March, 1890, and assented to by the Legislative Council on the same day. Resolved, — " That referring to the assurances of ITcr Majesty's Government that the fishing rights of ller M-rjesty's subjects in Newfoundland should never b(^ inter- fered with except with the consent of the Legislature of the Colony, and also referring to tlie Address of both branches of tbo Legislature to Her Most Gracious Majesty the Que(>n 2>assed during its last Session, the Legislative Assembly has veceived with surprise and alarm the modus vivendi referred to in the Message of his Excellency the Governor of the lith instant, which has been concluded by Ilcr Majesty's Government with the Government of Erance." Resolred, — " That the permission in the modus vivendi given to France to erect factories is most objectionable, as appearing to indicate; a right whieh really has no existence, and that it is in direct opposition to the position licretofore taken by Uer Majesty's Government." Resolced, — '* That the Legislative Assembly most emphatically ])rotosts against the modus rivendi as being calculated to seriously prejudice British lishing and territorial riglits." Resolved, — " That these Resolutions bo sent to the llonourablc the Legislative Council asking their concurrence therein." Resolved, — " That a coiiy of the Resolutions so concurred in be immediately trans- mitted to his Excellency the Governor, to be telegraphed to the Right Honourable the Secretary of State for the Colonies." Which Resolutions were concurred in by the Legislative Council on the said 14th day of March. (Signed) GEO. M. JOHNSON, Clerk, March 15, 1890. Legislative Assembly, No. 194. Colonial Office to Foreign Office. — {Received April 16.) Sir, Downing Street, April 15, 1890. I ^VjM directed by the Secretaiy of State for the Colonies to transmit to you, for the information of the Marquis of Salisbury, a copy of the Speech with which the Governor of Newfoundland recently opened the Session of the Colonial Legislature. It will be found to contain some observations relating to the Newfoundland Lobster Fisheries question. I am, &c. (Signed) ROBERT G. W. HERBERT. uvccs of the 'arch, 1890, rnmcut that :ev hv intcr- Iso referring Majesty the 'ceived with :ccllcucy the Government nee to erect •cally has no aken hv Her s afifainst the nd territorial Legislative liately trans - nourable the he said llth Clerk, Assembly. 1 15, 1890. t to you, for with whieh Lcgislatm-e. swfoundland 3RBERT. 383 Inelosuro in No, 194. The Roval Gazette Extraoruinakv. (Published hy Authority.) St. John's, Newfoundland, March 11, 1890. Speech of his Excellency Lieutenant-Colonel Sir ,J. Terence O'liricn, K.C.M.G., on opening the First Session of the Si.vteenth General Asseinlili/ of Newfoundland, March fi, 1890. Mr. President and Honourable Gentlemen of the Legislative Council : Mr. Speaker and Gentlemen of the Honourable Legislative Assembly : IT is with much i^ratification that I again resort to the advice and assistance of the Legislature; and I greet you cordially on your assembling for the discharge of your important duties. I regret to say tliat the results of our industrial i)ursuits of last year were not of a satisfactory character. The seal fishery yielded a good return, but the statistics of cod, lierring, and salmon fisheries reveal a considerable falling-olf in the catch. The prices obtained for our staph" productions were, however, in excess of the previous year. The lobster fishery was prosecuted with a large measure of success, and tlic indica- tions arc that, if precautionary measures are adopted to pi'otect the fishery, it will continue to provide an increasingly important clement in our trade. T am impressed with tlie idea that if moi-e attention were given to the cure of our codfish, a7id to tlie protection of the other branches of our fishery, better results might confidently be anticipated. Those who engaged in agricultural pursuits were rewarded with good harvests. Notwithstanding the heavy decline in the price of copper in the early part of the year, mining was prosecuted to about the same extent as in the previous season. "We may hope that our mineral resources will be worked with increased vigour during the present year. In this eomiectiou I am pleased to be able to refer to the valuable result of the operations of the geological survey of the past season. It has placed beyond question the existence of workable seams of coal, of superior quality, within a short distance of our seaboard. I have reason to believe that the result of this work, when fully reported upon, will have the cflcet of drawing the attention of capitalists to that region, and of giving an impetus to mining and other industries in the near future. Mr. Speaker and Gentlemen of the Honourable Legislative Assembly : The Customs revenue of last year has fallen short of the estimated amount. The Estimates of the coming financial year will be presented to you at an early date. They have been framed with a view to the efticiency of the public service, and I feel assured that you M'ill make all needful provision therefor. Mr. President and Honourable Gentlemen of the Legislative Council : Mr. Speaker and Gentlemen of the Honourable Legislative Assembly : Since the Legislature last met a general election has taken place, in which the ballot system was employed for the first time in this Colony. Notwithstanding that nearly every district in the island was vigorously contested, I have tiie gratitieation of placing on record that the proceedings were characterized by p(!ace and good order. The result of this appeal to the constituencies has been a nrnarkably strong pronouncement in favour of the policy of the present Government. A Commission has been appointed under " The Public Inquiries Act, 1888," to inquire into the operation of " The IJait Acts, 1887, 1888, and 1889," and their clfect upon the trade and fisheries of the Colony. It is hoped that the Report will be laid before you ere the close of the Session. i84 Tlio l^i<,'lit lloiiourahle the Secretary of State for the Colonies 1ms acqiiaiiitcd me that negotiations ari^ in projjress l)etween the Governments of Orcat liritnin anil Frfince lor a settlement of the questions that have arisen with regard to the rights of the two nations respectively to catch and preserve lobsters on that part of our coasts where the l''n'neh have a coneurr(?nt right of tisliery, and it is hoped that a provisional arrangement lor the present season may he arrived at, which \ trust may pave the way to a satisfactory settlement of the dilUculty. J)espatclies from the Right Honourable the Secretary of State for the Colonies and other papers of public interest will be laid Iwfon! you. Hills relating to railway extension north and west, manhood sulfrage, local self- government, and other important matters, will be submitted to you as the time of the Session permits. I pray that your deliberation, under the Divine blessing, may result in the happiness and contentment of the i)eople of this Colony. No. 195. Admiralhj to Forrhjn OJfice. — {Received April 17.) Sir, Admiralty, April 15, 1890. I A^[ commanded by my Lords Commissioners of the Admiralty to rcipiest that you will state to the AUarquis of Salisbury that they have received from the Colonial OfTiec eo])ies of the modus vivendi relating to the lobster flsheries, which has been arranged between the Uritish and French Governments, for this season only. 2. These copies will be forwarded to the Commander-in-chief on the North American and AVest Indian Station for comnumication to the naval oHicers to bo employed this season under Captain Sir Baldwin Walker, with instructions to act with ])ati(>nee and discretion in dealing with the questions which may arise between British and Trench tishermen. 8. My Lords desire m(; to inquire whether any further instructions may be expected for the guidance of the officers, as the fishing season is now about com- mencing, and it is desirable that they should be in possession of them as soon as possible. '1. A similar letter has been sent to the Colonial Office. I am, &c. (Signed) EVAN ^MACGREGOR. it ■i'" No. 196. Colonial Office to Foreign Office. — {Received April 19.) Sir, Downiny Street, April 18, 1890. WITH reference to previous correspondence, and especially to the letter from this Department of the 22nd ultimo, I am directed by Lord Knutsford to transmit to you, to be laid heforc the Marquis of Salisbury, a copy of a telegram from the Government "f Newfouiidliind, reporting that the Joint Committee of the Legislature wish to revert 10 the modus tivendi as explained in the telegram from this Department of the 8th ]''obruary, copy of which Avas sent to you in the letter from this Department of the 12th of that month. I am, &c. (Signed) JOHN BRAMSTON. 385 IncloBure in No. 106. Iio Coloiiios Oovernor Sir T. O'Brien to Lord Knutaford. (Telegraphic.) {Received April 17, 1890.) JOINT Comraittco of both Houses of Legislature, while strongly protesting against French claim to erect any lobster factory, would, only in defcM-ence to wisbcs of Ilor Majesty's QoTcrnment for a modus vivendi limited to this season, concur in proposaU <;ontained in your Lordship's telegram of 8th February. Can it 1>o accomplished ? No. 107. Foreign Office to Colonial Office. «ir, Foreign Office, April 26, 1890. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 11th iustant, relative to the modus vivendi for the regulation of the lobster fisheries in Newfoundland during the approaching season. I am to state that Lord Salisbury concurs in the terms of the reply which Lord Knutsford proposes to return to the Governor's despatch of the 15th March, inclosing the Resolutions adopted by the Legislative Assembly and Legislative Council upon the fiubjcct. I am, &c. (Signed) T. H. SANDERSON. No. 198. Ml- Foreign Office to Colonial Office. Sir, Foreign Office, April 29, 1890. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter the 18th instant, inclosing a telegram from the Governor of Newfoundland to the effect that the Joint Committee of both Houses of Legislature were willing to accept under protest, as a modus vivendi, the maintenance of the status quo without the provision for the establishment of now lobster fisheries on either side. I am to request you to inform Lord Knutsford that the French Government, to whom the above views of the Newfoundland Legislature were at once communicated, have expressed to Lord Salisbury their regret that they cannot now agree to any formal modification of the modus vivendi, as it has been posted up publicly in all the French ports of departure, and the fishing-vessels have already started. They doubt, however, whether any extensive preparations have been made for new lobster fisheries by their fishermen. They would themselves have preferred the status quo of the 1st July, 1889, and are quite willing that the Naval Commanders on either side should be instructed to restrict, as far as circumstances will permit, the permission for new lobster fisheries since that date. lam, &o. (Signed) T. H. SANDERSON. v\ No. 199. Colonial Office to Foreign Office. — (Received May 6.) ,A.) iir, Downing Street, May 5, 1890. I AM directed by the Secretary of State for the Colonies to transmit to you, for the information of the Marquis of Salisbury, an extract of the Report on the New- [2691 3 D i II it ii » 1 : .i 386 foundland Rluo Book for 1888, which will he foiiiul to ^ivo Momu IntoroHting statiHtidM as to tho prngrcHfl uf the lohHtor-canning iudiiHtry. I iiin, Sec. (Sismd) ROBERT G. W. JlERMEltT. Inclosure in No. 100. Extract from Reports on Her Majeati/tt Colonial Poaxeagiona. — (Neivfonndlnnd.) Imports and Ejrporta. THE lohstor fishery shows coDdmicij (,«xj).'insion. In 1881 tlio oxport was valuod at 00,000 dollars, in 1H88 it is stat<>(l at ;{S5,000 dollars, and it is satislactory to know that Nowfonndland brands coniinandt-d tin; hi<;hcst market price. No. 200. Colonial Office to Foreign Office. — {Received Maif G.) (B.) Sir, Downing Street, May 5, 1800. I AM dirct'tod by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a coi)y of a tt'Iof»ram from the Governor of Newfoundland rcspoctinsf public feelinsf in the Colony with reference to the proposed arbitration on the lobster tlshcry ((uestion. I am to add that JiOrd Knutsford presunu;s that nothing further will be done with regard to arbitration pending the arrival of Sir AVilliam Whiteway, wlio^ as will be seen I'rom i\w accompanying tclegratn, may be expeetiul to arrive in England towards the end of this month, or early in .lune. 1 am to inclose the draft of a despatch which Lord Knutsford proposes to address t« the Governor on the stibject, should Lord Salisbury concur. I am, &c. (Signed) JOHN BRAM8T0N. Inclosunj 1 in No. 200. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) (Received April 29, 1890.) MINISTERS and public feeling against arbitration, as they consider that French have not shadow of any claim for lobster fishery. [nclosure 2 in No. 200. Governor ISir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received April 29, 1890.) HOUSES of Legislature close next month. Wliiteway and Delegation from Government can leave soon after. Delegates that have gone home are not recognized by Colonial Government or Houses of Ixigislature. Inelosure 3 in No. 200. Draft of Despatch to Governor Sir T. O'Brien. Sir, Downing Street, May *, 1890. I HAVE the honour to acknowledge the receipt of your telegram of the 29th ultimo, reporting that your Ministers and the public feeling in the Colony were against the proposed reference of the lobster fishery (question to arbitration. • Forwarded May 13. S8T ( HtlltUtiCH IHEUT. land.) v/m valiiud ry to know / 5, 1800. before the wfoundland bitmtion on le done with 1, as will be md towards 138 to address M8T0N. 29, 1890.) lat French 29, 1890.) gation from ircmmont or I •, 1890. of the 29th wore against I hov« oommunicatcd your telegram to the ForcMgn Ofllco, with a siigg(>»tion that no furtltiT Ht(M)s ))(< taken with rouanl tu the nroposud arbitration pending the arriviil «f Sir W. Whitoway. '' I have, Ac. No. 201. Colonial Office to Foreign Office. — {Received May 8.) Sir, Downing litreet, May H, 1800. I AM directed by Lord Knutsl'ord to aeknowlodge the receipt of your letter of the 29th ultimo, in which it is stat»'d tlial. (lie J-'remrh iJoveriiment linve expressed their ri'gret that they cannot now agree to ur\y fonnal inoditleatiou of t\w nwdus vivendi fiiiutin^ to lol)8ter factories in Nc^wfouiidlund, as it has been posted up pul)licly in all the French ports of departure, and the llsliing-vessels have already started. In these circumstances, ]x)nl Kinitsford has addressed a telegram to the Governor in reply to his of the 17tli April, expressing regret tiiat the suggested alteration in the modus vivendi cannot now bo made. I am, &c. (Signed) JOHN BRAMSTON, Inolosun- in No. 201. Lord Knutsford to Governor Sir T. G'Rrien, ('IVlegraphic.) Downing Street, A fay 2, 1890. K !'iFl"ilMlING to your tclegmm of 17th April, regret that suggested alteration in tnodus vivendi cannot be now made. No. 202. 7%e Earl of Lytlon to the Marquis of Salisbury. — {Received May 9.) My Lonl, Paris, May 8, 1890. WITn reference to my despatch of the 2Gth March, I have the honour to transmit herewith to your Lordship, extracted from the " Matin," an account of an interview with M. Bozdrian, a Senator, who declares that ho and M. de I'Anglo- Bcaumanoir adhere to their intention of interpellating the Government on the New- foundland Fishery question. M. Boz^rian lays stress on an alleged Proclamation by Admiral Cochrane in 1828, in which ho contends that the French claim to exclusive rights of lishing is recognized. I have, &c. (Signed) LYTTON. Inclosuro in No. 202. Extract from the " Matin " of May 8, 1890. AU S6nat, oh Ton n'aime que la besogne serieusc, on interpellera, ces jours-ci, sur les affaires de Terre-Neuve. C'est M. Bozeriau, pour la Gauche, M. do I'Angle- Beaumanoir pour la Droite, qui se feront aupri^s du Gouvernement les intcrprdtes do I'opinion publique— si tant est qu'il y ait ime opinion publique, en France, sur la question de la moruo et du homard. Nous avons cm intdressaut do domander h M. Bozdi-ain, qui est, on lo salt, un juriste consommd, quels arguments il compto apportcr a la tribune du Senat poi»r • affirmer les droits de nos nationaux sur les pfichories de Terre-Neuve. L'honorable S6natour a bien voulu nous donner les explications suivautes : — ^. Vous savez que I'Amiral Veron a pose, il y a quelque temps, uno question au aires fitrang6res sur les ail'aircs de Terre-Neuve. Au coui-s do la Miuistre des Affaires [209] 3D 2 s ' ii ! ii' ! ! 388 discussion, deux Sdnatcurs out ulcv6 la Toix pour demander ti tmnsformor la question en int«q)clIation : c'»5tait M. dc rAngle-Beaumanoir et moi. IA^ Senat, pour dcs motifs devaut Icsqucls jo m'inclinc, a cru devoir ajournor lo ddbat ti un mois. Dcpuis lors, uous nous sommos dcmandi;, mou coll»'^{»uc et moi, s'il ne convcnait pa* d'abandonnor notre projct d'intcr])cllution. Mais, apr^s reilcxion, il nous a scmol6 qu'il fallait le maintcnir. Les raisons qui uous ont dicte cettc ligno de couduito sont Ics suivantcs :— Proclamation d'un Amiral Amjlais. — Lorsqu(> la question fut portdo devaut le Sunat {lar I'Aniiral Veron, jc cms devoir intervcnir, parce quo j'avais i\ produiro devant 'Asscml)16c un document que j(; crois 6tre d'unc importance considdrablo et qui n'etait pas connu du Ministro des Affaires fitrangj^res. C'est une rroclaniation de TAmiral Cochrane, Gouvemeur de Torre-Nouvo ot- Commandant les forces militaires de I'llc, a ses administnSs, datant du 8 Juin, 1828. La teneur dc cettc pi^ce est la suivante : — " Attondu que dcs plairtes out etc faites devant moi dejjuis plusieurs anndes, portant que diffcrcntes personncs mal intentionnees cmployt'cs dans 1(^9 pficherics Anglaiscs, en so rendant aux prchcries du Nord et du Labrador, ont mouille avec leurs bateaux et schooners dans dos ports et bavrcs dc cettc partio de I'ilo comraun<5mcnt appolde " Frencli Shore," qui est le'serve'e auj; sujets Fran^ais^ pour y cxercer la pcche, ot y ont commis dc nonibrcux nu'-faits sur la propriete des pochcurs ri'an9ais; "Moi, Gouvcrneur, (mi consequence, je prcviens toutcs personncs m.al iutentionniSes qu'cn cas dc rcnouvoncnient de pareils actcs de violence, j'appliqucrai les proct'-dcs les plus rigourcux que la loi peruiet d'employer centre les autcurs de pareils mefaits, et jjour pouvoir plus efficaccmeut les amcncr devant la justice, les autoritds Eiviu9;iise8 rccevront des instructions pour apprehcnder et envoyer i Saint-John's, afin d'y ctro jug»5c, toutc persounc qui commettrait de pareils mdfaits." ])e Rcmblablcs paroles dans la houche d'un B,epr<5sentant autorisc du (iouvcrne- ment Britauniciuc jugcnt la question do droit. Habemus conjitentem reum. Los conditions, depuls 1828, n'ont pas chang6, et il mo semblait que cet aveu rormel meritait d'etre releve a la tribune du Parlemcnt Fran^ais. L'Opitiion en Angkterre. — Le second motif qui nous a fait maintenir notro inter- pellation, c'est qu'a la suite de la declaration du Ministro des Affaires l<]tranfj;(>re8 affirmant nos droits sur les ijceheries dc TeiTC-Neuvc, la pol«5miquo a continue trfcs vivc en An<;IetciTe. I'uisquo nos voisins continuent h. discuter et i\ cont<*8ter, il ponvenalt iei de jjrotcstcr et de rovendiqucr. J'ai rcniar(|ue que diuis tons les eurits parus en Angleterre, les droits de la I'nuu'c- sont rcgardcs coumic I'nrt pen serieux, ou tout au moins caducs. Le GouveiiienuMit Anglais, il est vrai, il faut le dire a sa justice, ne scmble pas partager tout a fait eette opinion. C'est ainsi que j'ai pu relcver tout receninient, dans le conij)te-rendu donne par le "Matin" dc la seance de la Chambre dcs Com- munes du 25 Avril, um; di'-c^Iaration de Sir J. Fergusson rccounaissaut cxpressement le bicu-foude de nos revendications sur les peeiierics. C'est la ])reniirie fois (jn'on voit un Membre du Gouvernement Anglais jTeon- uaitre expressruient nos droits sur les pf'chcrios de Terre-Ncuve, et dtliclarcr qu'il y a des Traites sur la mati^re iinpliquant des obligations formellcs. Declaration lioyale. — Quelles sont ces obligations r On nous dit, ii bojit d'arguments, que lesTrait«'!S de 1713, de 1873,* de ITH.'J. <•! de I84it ne nous eonci^lent que le droit de peeher la morue; sur cc point, on v«Mit bien ne fi'.irc aucuui^ difll'-ulte. !Mais pour emp6eher nos nationaux de sc livrer a la \wv\w lucrative du boniard, on a ctabli la distinction subtile cntre cc qui so " fish " et ce (jui se "catch," entre ce (pii se p^ehe et ce qui se prend (au easier). Ceei, franchement, n'es* pas serieux. Le Trait6 de 1813,+ le dernier Trait«> qui confirme les privileges que nous tcnions des instruments diplomatiqucs precedents, est rudige en Francais. II n'y a done pas i\ s'inquieter dc la version Anglaise. On dit parfois que les traductinirs sont traltres. Mais s'il y'a des traltrcs en eette affair<>, ce sont les traductcurs Anglais qui racritent eette dpith^te. On fait observer aussi qu(! nos sujets n'ont pas le droit de p6cher le honiard. puisque la chose n'est pas explicitement dite par les Traitds. On n'y paric pas davantage de la peehe de la inorue. Mais il y a une chose dont on parle tr^s ex[)n!sse- ment dans les Traitcs de 1703 etde 1783: c'est la defense, pour les p6cheurs de nationality difli^rente, dc troubler les p£>ches des sujets Francois. Voi!i\ cc qu'on pent lire, notamment dans le Traitu do 1783 :— • Qy. 1703. t QS' 18'<- Sir, 0, question ijourncr lo ivenait pa* ) a 8cmDl6 li- nt Ic Scnat iro (levant qui n'etait ••Nouve ot- n,1828. i''C8, portant Dglaiscs, cu bateaux et ent appol6o ic, nt y ont itentioiinde» proftnlcs Ics :ait.s, et jjour Ei"aii9;iisP8 fin il'y »"tm a (iouvcnip- reum. lioa iveu I'oruiol " Declaration. — Lc lloi Tr^s Chrdtien, d'accord avcc Sa Mnjcstd Tn'^s Clin'ticmir, sur les Articles du Traite Ddflnitif, chcrchera tous lea moycns qui ])ourront uou seuicnu'iit en assuror Tcxdcution avcc lo bonne foi et la ponctualitc qui lui Hont coiiiuics, niaiH, do plus donnera do son c6tu touto rcfllcncitt; {)ossibU> aux principos qui enipecbcront jusqu'au moindro ^rmo do dispute ti Tavcnir. Acetto tin, et pour (|ue los pet'lunirs dos deux nations no fnssent point nnttro dc querelles jouriiali^res, Sa Majestc liritanniquo prendro les mcsurcs les plus positives pour prevenir (jue ses sujets no troubloiit en aucuno mauidrc, par leur concurrence, la p6chc tbvs I'nin9ai8 pendant I'e.verciej! temporairo qui leur est accorde sur les cAtes de I'lle Tc^rre-Ncuvo." Suit uno Contre- Declaration identique du lloi do France. II n'est pas besoin, comme vous lo voyez, d'arf^umenter et dVpilo<;iier, 11 suHit do rappclcr nos roisins a I'execution stricto des Trait«-s (jui les lieiit et ([ui iion seuleinent 6tablissent formellement nos droits mais qui specilieiit pour U'. Gouvernement An!j;lais une repression severe de touto infraction a cos 'I'raitcs par I'uii de ses sujets. La Peche mrs Distinction. — En resume, on pent eonstater que les Triiites no parlent pas, il est vrai, de I'cspf'ce de poisson qu'il sera possible de p^'cber. Mais il ost une eliose sont ils parlent, c'cst de Tinterdiction qu'il y a pour tout Anj^lais dc- troubler les Fran9ais dans rexercicc dc leur droit do peche. Et en adniettaiit mrinc! que les nationaux Anglais aient la facultt'^ de pcelier le boinanl sur les eniplaei'mcnts reserves par Traites a nos p^cheurs do moruc, comment concilier la cliose avec le ih-oit t'xelusif dont nous beneticions ? Y a-t-il la moindre possibilite pour les Anglais dN'tablir des oasiers pour lc liomard dans la zonit visitee par la morue sans eiVrayer ct; poisson ? Us ne pourraicnt p6cher lo homard ((u'en troublaiit nos nationaux et qu'en les einpechant d'exerccr leur droit de peche formcll. I AM directed by the Marquis of Salishury to acknowledge the reeeiijt of your letter of the 5th instant relative to the state of feeling which exists in Newfoundland against the reference of the lobster tishery (iiiestion to arbitration. I am to state that Ix)rd Salisbury agrees with Lonl Knutsfonl's view that no furtbcr steps should be taken in regard to arbitration pending the arrival in ibis country of Sir AV. Wbiteway, and concurs in the terms of the despateli which it is proposed to address to the Governor upon the subject. I am, itc. (Signed) T. II. SANDERSON. 178:$, el de in vent bien a la peche i" et ee qui Traite ((ui 3cedents, est se. On dit to affaire, ce le homard, f parle pas •("^s ex|)r(!8se- i£>chcurs de qu'on pent No. 201-. Colonial Office to Foreitjn Office. — (Received May 10.) Sir, Downimj Ulreet, May U, 1HJ)0. I AM directed by Lord Knutsford to tmnsmit to you, to be laid before the Marquis of Salisbury, an extract of a despatch from the Governor of Newfoundland inclosing copies of Itills dealing with the use of cod-traps. I am also to inclose a eoj)y of a telegram which has been sent to the Governor, instructing bim to reserve both the iiills in (juestion. I am, &c. (Signed) JOUN BllAMSTON. i I, f I \\\ V !| 390 ludosure 1 in No. 204. . Governor Hir T. O' Brim to Lord KnuUford. •;■ •Mrt" .-', . ■r.,*'., * „. f Oovimnient House, St. John's, Newfoundland, (Extract.) April U,lh90. WITH rol'erenco to my tolej^mm of the Slst ultimo, and your Lordship's reply thereto of the 2nd instant,* I have now the honour to forward lierewith an Act rcpcalinf? the Act passed in 18S8 for the aholition of cod-traps, which has hecn passed by the House of Assembly, and which, I have no doubt, will l)o equally sustained by the Legislative Council ; and 1 Avoiild solicit an expression of your Lordship's views thereon, requesting that any further instructions you may wish to give in the matter may he sent by cable, as I doul)t of time admitting of my receiving a written reply before the closing of the Session. 2. I beg also to inclose a copy of the draft Bill to render the use of cod-traps a subject of local option, which measure has not yet passed the House, but which, I Iwlieve, will (iventually do so, though possibly in a slightly modilied shape. Inclosure 2 in No. 201. A Bill. An Act to repeal an Act pa>ised in the Fifty-first Year of the Reign of Her present Mujestij, entitled "An Act respecting the Abolition of Cod-Traps." WHEREAS it is considered expedient to repeal the Act passed in the fifty-first year of the reigu of Her present Majesty, entitled " An Act respecting the Abolition of Cod-Traps":' Be it therefore enacted by the Governor, the Legislative Council, and Assembly, in Legislative Session (ionveucd, as follows : — 1. The Act passed in the flfty-first year of the reign of Her present IMajesty, entitled •' An Act respecting the Abolition of Cod-Traps," is hereby repealed. Inclosure 3 in No. 204. A Bill. An Act to regulate the Mode of taking Codfish in Traps, Cod-Seines, Cod-Nets, and Bultows. BE it enacted by the Governor, the Legislative Council, and Assembly, in I .egislative Session convened, as follows : — 1. It shall be lawful for the duly qualified electors resident within any area or district within this Colony to present to the Governor in Council a Petition in the form prescribed by the schedule to this Chapter, or as near thereto as mny be, setting fortli the limits or boundaries Avitliin which such area or district is comprised, and the names of the towns, harbours, or settlements included therein, and ])raying for a Proclamation prohibiting the taking of codfish in traps, cod-seines cod-nets, and bultows, or by any one or more of such methods. 2. Such Petition shall be sent to the nearest resident Stipendiarj' ^Magistrate, and shall be by him (after examiiiatiou and certificate as hereinafter provided) furnished to the Governor in Council. 3. If upon due scrutiny of such Petition the Stipendiary Magistrate shall find that the same contains the bond fide signatures of a majority of the duly qualified electors resident within the limits or boundaries set forth in the said Petition or r('(iuisition, he shall forthwith make a certificate to that effect, indorsed upon or attached to tlie Petition, and shall forward the same to tlie Governor in Council. •t. Any Stipendiary IMagistrate to whom such Petition shall be presented may, before certifying the same to the Governor in Council as aforesaid, require proof to bo • liiclosurpn ill N'l. 191. 301 foundland, [ship's reply vith an Act l)cen passed sustained by Iship's views 11 the matter iritten reply I cod-tmps a but which, pe. er present the fifty-first B Abolition of ,nd Assembly, sent IMajesty, led. •Nets, and Assembly, in n any area or Vtition in the !iy be, setting rised, and the praying for a ;od-ncts, and IMn^istrate, ^or provided) ktc shall find Quly qualified I'etition or Irscd upon or Louncil. losentod may, It; proof to be mado before him of the bond fide signature of any of the names subscribed to such Petition upon the oath either of the; party whoso name purports to be signed, or of a witness to such signature. 5. Upon receipt of such Petition, containing the signatures of a majoi'ity of the electors resident within any such area or district, certified as aforesaid, the Governor in Council shall issue a Proclamation or public Notice prohibiting the taking of codfish by all, or any one or more, of the methods aforesaid, by any pei-son or persons prosecuting the fishery from or out of such area or district as aforesaid, 6. Prom and after tlie date i)rescribed in and by such Proclamation or Notice, it shall not be lawful for any person or persons to use, in the pi'oseciution of the iishery, from or out of such area or district to which such Proclamation or Notice shall relate, any trap, eod-sein<', cod-net, or bultow, if all such a])pliances bo prohibited, as . aforesaid, and in case all such ap]>lianccs be not ))roiiibit('il, then it shall not be lawful for any person or pei-sons to use as aforesaid any of siu!h ;»i»pliaiu'e8 as may be prohibited by such Proclamation or Notice, under a penalty not exceeding , or imprisonment not exceeding 7. After such Pi-oclamation or Notice shall have issued, as aforesaid, no now Petition on the same subject shall be jji-esentcd from such area or district until the expiration of ten years from the date of such Proclamation or Notic(! ; and, if no such Petition l)e presented within three months after the expiration of sucl Proclamation or Notice, the o])eration of such Proclamation or Notice, with i-eference to any such area or district, shall be considered as agreeil to by the (delators of such area or district, and a new Pi-oelamation or Notice shall issue, as of course, cont4aining the provisions of the former Proclamation or Notice, which shall continue in full effect for ten years from the expiration thereof. 8. All fines and penalties under this Act may b(! sued for and recovered in a summary manner before a Stipendiary Magistrate or a .Justice of the Peace, and all fines shall bo jiaid to the person who shall give information of the otfcnce, and prosecute the oflcnder to conviction. ScnKDULK. Form of Petition. To his Excellency the Governor in Council. The Petition of the Undersigned humbly sheweth : THAT your jwtitioners an; duly qualified elctrtoi-s, residing in an area or section of the el«>ctoral district of , comprised and bounded as follows : — That the said area or section contains the following towns (or harbours or settlements). That your petitionei-s are desirous, and hmnbly pray your Excellt»ncy in Council, that a Proclamation or Notice be issued under the provisions of an Act passed in the fifty-third year of the reign of Her present Mai ,'sty, entitled " An Act to regulate the Mode of taking Codlisli in Traps, Cod-s(>iiu>s, Cod-nets, and Bultows," prohibiting the use of traps, cod-seines, cod-nets, and bultows (all or any as the case may be) by persons prosecuting the fishery from or out of t he above-described area or section of the said district, and petitioners will ever pray. Dated at the day of , 18 . Inclosure 1 in No. 204. Lord Knutsford to (iovernor Sir T. (YBrion. (Telegraphic.) Downing Street, May 8, 1890, 225 P.M. UNLESS clauses are inserted in the two Bills (cod-traps) sent in your despatch of 14th April both BUls should bo reserved. 3 ( f ■■ Ii ■ I 1 392 No. 205. Foreign Office to Colonial Office. Sir, Foreign Office, May 12, 1890. I AM directed by tlie Marquis of Salisbury to transmit to you the accompanying extract from the " Mntin " newspaper,* ^ivint? an account of an interview with M. BoK^rian, a Senator, who intends shortly to brins» forward an inter[K;llation in the Frcmch Senate on the Newfoundland Fishery (question. Lord Knutsfonl will observe that M. Hozcnan lays stress on an alleged Proclamation by Admiral Cochrane in 1828, which, accordinj? to his view, recognizes the French claim to exclusive rights of lishing on the Treaty Shore ; and I am to request that, if possible, Lord Salisbury may be furnished Avith a copy of this Proclamation in the original English text. I am, &c. (Signed) T. H. SANDERSON. No. 206. Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreign Office, May 13.) My Lord, Government House, Ottaim, April 28, 1890. WITH reference to my telegraphic message of this day's date,t I have the houour to transmit to your Lordship a copy of an approved Report of a Committee of the Privy Council expressing the wish of my Government to present a remonstrance to Her Majesty's Government on the restrictions which will be placed on British ships owned or sailed by Her Majesty's subjects in Canada under the Newfoundland Bait Act. I have, &c. (Signed) STANLEY OF PRESTON. Inclosurc in No. 206. Report of a Committee of the Honourable the Privy Council, approved by hin Excellency the Governor-General in Council, April 24, 1890. ON a Memorandum dated the 17th April, 1890, from the Minister of Marine and Fisheries, submitted the following telegram for the intormation of Council : — " Sit. Johns, Neufoiindland, April 24, 1890. " The Bait Act passed by Legislature last Session lias been brought into force by Governor's Proclamation ; all vcssois entering our ports for bait arc subject to pay a licence fee of 1 dollar per ton for heg. having at tbo ])ort dollars, tho bays and [ics, and other 90. onial Secretary. constable, or officer ,1 biirrclH ii'Ucd" upon it. and 1890. )ecn proposed ition in relation 08 to enter the xjnnage rate or uences involved )ody. the Bait Acts, , whoso com- their national and disaster to st deliberation, only effective e assent of the )nal difficulties, to demonstrate roposed modifi- imited supplies an increasing dreaded consc- t reason can bo ty, with a view ost earnest and Hich course as jntion of the Resoh'eU,— 'that it is tho firm belief of this meeting that if tho proposed obaago U made that tho Labrador flshory supplies for tho ensuing soasou will be materially rostrietcd, and that, consequently, conBidcrable suffering will result to many of tho flshormuu of the Colouji who are depending on that brauuh of tho fUhory. Hf»o/wrf,— That tbo Chamber of Commerce wait on his Excellency tho Governor, and present the foregoing Resolutions. Inclosurc 12 iu No. 207. Lord Stanley of Preston to Lord Knutsford. (Telegraphic.) {Rereived Aijril 28, 18U0.) MINISTERS ask mo to i)resont to Im|)crial Qoveriuncnt their remonsttanco against restrictions on Canadian ships by Newfoundland Ikiit Act recently brought into force by the Proclamation of tho Governor. Inelosuro 13 in No. 207. Lord Knutaford to Governor Sir T. O'Brien, (Telegraphic.) Downing Street, April 30, 1800. CANADIAN Government protests against Bait Act just brotigbt into operation by Governor's Proclamation. What Act is this? Does it contain new provisions? llrtve you sent it homo ? Inelosuro 14 in No. 207. Governor Sir T. O'Brien to Lord Knut,iford. (Telegraphic.) {Received May 1, 1890.) RKEERRING to your telegram of to-day, Proclamation issued under Act of 1880. Full particulars given in my despatch of 10th April. Inelosuro 16 in No. 207. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) Ihuniny Street, May 8, 1800. I HAVE received Newfoundland I'roelaniation. Halt Act. I do not perceive that it is ultra vires. Your Ministers have no doubt nuide rcpr«'s«!utati()ns to NewfouufUand direct. • . I ■ , I ^.^j^-— »— — .^ No. 208. The Earl of Lytton to the Marquis of Salisbury, — {Received May IG.) My Lord, Paris, May 15, 1800. I HAVE the honour to ti-ansmit herewith to your Ijonlship, extracted from the " Matin " nowspaper of to-day, an artiirle from the pen of M. Lonioinne on the subject of the Newfoundland Fishery question, in which the writer attributes the dcAd-loek at which the n (luereller a propos de monies et de homards. Le pretcxtc serait ridicule, et il faudrait ch(>rcher unc autre raison. Mais il y a dans la vie des nations, i 400 commo dnnii onUn don individiis, en qu'on ap|>i'llo lea Putitca Misftroi. Coat pu do ohoao, maia c'cat af^fant. Au lieu do ao Imttn), on no i^tto. NuuB Honimra nnnvaincuN qu«> lo Unuvornomcnt Aiiglaia cat Iwaucoiip plua ennuyA niio lo nAtro do cctt«< qucrpllo dn mur mitnycn, pan'o qu'il n'a pna, commo nous, aa h)iort<^ d'nction. L'iiniMiaw* daiia latiuollc il no tn»uv» vicnt dc I'cxci^a do lihro arl)itro 8 rend, M(duiiiont indt''i>cndniitoM do la iiuHro|H)l«> (>t du Goiivcriicincnt coiitral. Ci>tt«< iitdrpciidniicc cat di^ja tnSi gAnnnto dans lea rnlntiona du l:i int'tropolc nvt'(* h«>s Colonies, niiiia ellu I'oat encoro plua (Jana lea relations du (iouvernenient contrnl nrec lea (louvernementH etran^cra, commo dans lo eaa actuel. L'eoole lihemlc An^lniae a'cHt toujours I'nit ^Ioin> do faire dana lo monde IVducntion de ponulatiouH librcs. Kile eonsid^n* que la misMion do ^An^leto^ro cat d'enaeigner ii soa aujctN de toutea lea parti(>a du mondo I'uHago de la lilM^rtiii, ct do lea iiriJparor au Qouverncmcnt d'eux-m^mea. C'est ainai que at; aont fondus lea hitata-l Tnia d'AnuSrique, au prix d'uno gmnde guerre. Coat ainai quo a'organiaent aujourd'hui lea grandea Colonies, coinme r A ustralie, la Nouvellc-ZiSlnnde, le Canada, lo Cap et bien dautrca. Ellca restont liiVs h la nietro|)ole par la nomination d'un Gouvurnear, maia ellca ont dcs I'arlemcnts indei)endaiits ut poast'^dent touto lu tniusplantation dua inatitutiona de la mi'^re-patrie. CVat avee co syat^me qu'on arrivem uii jour h lu federation delaUninde-lJrctagno Euroixk'uno avcc ses innomurnbles (li'>pondance8 dnns I'univcrs entior. Maia (!'est uiu) alTairo qui no regarde (jue Angleterre, et l»)s Ciouverncmeuts etrnngcrs, dans lours rolationa internationalea, no eonnaisstMit et ue peuvent coniinltre (pie h; Gouvernument Anglais. Or, dans lo eaa netuol, le Gouveriienient i'rnn^ais et It; Gouverneinent Ani^laia aTaient eonclu un(* derni»>re Convention sur les droits resju'ctifs d»^ peelu; des deux nations. Mais e'est le jx-tit Parleuient de TernvNeuve cpii n'a i)as voulu raccepter. Car, a'il y a des ,Tuj»ea a Kerlin, il y a une Cliainhre a Terro-Nouve, uno Cliaiubro elective do trcnle six nieinbres, renonvelabie tons les (piatre ans. Kst-ee que cela nous reijartle ? J-Ist-ee que nous eonnaissons la Cbambrc de 'reriv- Neuve ? Est-ce que e'est avee elle (pie la France a. eon(!lu lo Trait«'^ (I'lrtreelit, en 171.T ? Nous ne eonnaissons que le (Jouveriu'inent de Sa ^'iajestt'; la Heine Victoria, et e'est a lui do faire bonneur a sa si^jnaturc. iiw dirait i'Aiigleterre si, pour lu; pas rceonnaitn! un Traite, nous lui presentions I'opposition du Conseil Muniei2)al do Paris ? Lo Gouverncmcnt Anglais, on doit lui rendre cetta ju8ti(!e, covnprend tn^'s bien ccs diflluultes; il ne cbercbe pas Jl contester on i\ eluder les anciens Traitt'-s, niais il so trouve trf's enibarrasac'? ])ar I'exc^^s d'indtipendanee (ju'il a laisst; prendre a ses Colonies. Des deux c(*)tes, avee la nieilleure volont('' du niondc*, et avee b' sentiment du ridicule qu'il y aurait i\ se brouillcr pour une contestation de cet cmlre, (m chorclie a nc'-gocier, et on couelut des arrangements provisoires en attendant utu; sedation. Ainsi 11 a 6t6 convenu que, pour I'annec eourante, on laisserait Icscliososen I'j^tat; on verra pour I'annee proclmine. O'est ce qu'on appelle un modus vivendi. Jlais cela no peut pas se perp»5tuer. Sans entrer dans tons les d(^taila dc la question, nous rappcllerons quo par lo Traite d'Utrccbt, qui donnait i\ I'Angloterre la souveraincte de I'll© de Terrc-Mcuve, uno certaino portion du littoral (;tait n'sservi^e a la pt'clic Erani-aisc, C'('!tait un droit exclusif, qui a toujours 6t6 reconnu, et toujours ctiS exerci', (juoicju'avcc certaines diificult^s. Lo proverbc a raison : " Qui tern; a, guerro a.** llicn n'est plus scuhrcux que ce genro do privib'^ge. Co n'est i)as la propriiHe, e'est la jouissanco d'unc servi- tude. C'est lo droit donne a uno nation etmngt'^ro de se servir d'une portion de territoire dtjpcndant d'une autre souveraincte. C'est une source perpiHuello de conllits. Mais les Traites sont la, et il faut, de part et d'autre, tAcber dc s'eii accoraraoder. Les Terre-Neuviens Anglais crient da toutas lours forces ; ils disent quo lea Traites sont caducs, que co qui a 6i6 siu;n(3 en 1713 n'est (pi'un anacbronisme. Nous serious assez de cet avis, mais ce sorait, pour dcs Gouverncments, une doctrine trop commode, et une fois entre dans cette vole, nous no voyons pas ofi on s'arreterait. Si, par exem)de, lea Anglais voulaient pr«5teiulre (juo Ic Traito d'Utrccbt, parce qu'il a I'age resjiectable de 171 aus, n'(!st plus que lettrc raoi'te, on pcnirrait rafraiciiir leurs souvenirs et bnir faire reniarquer que c'est co ineme Traite qui leur a conlirmo la souveraincte de Gibraltar. Si. dans une (jcole primairc, on demaudait i\ un enfant dans quel pays est situ6 Gibraltar, il ne rcipondrait pas que c'est en Angleterre. II faut done s'arranger autant que possible pour vivre avee les Traites, si Ton no veut pas rivre a I'dtat sauvage. I'ost i>cu do )lua onnuyA in« nous, sii ihro ttrhitro InntoM <1« la r(\i f^nnnt» lUH (laiiH IcH mo dans lo * lY'ducation 'jMISCMKniT i\ nriSparor au I'AnuScique, lea grandt's en d'autrca. , mnis flics institutions do-Uretas?n(5 liH d'lMrcolit, iiic Victoriii, pour Hi! pas luniripal do trt's bicn cos main 11 so ■ics Colonies, (lu ridicule ji nei^ocior, ses on I'tstat ; 2^[ais cola que par Ic "I'crrc-Ncuvc, lit uu droit Ice cortjiines lus scahreux I d'unc sorvi- portion de do coullits. lodor. Los I'i'raitos sent tcrions asscz I) commode, Irocht, parcc lit rafraichir leouiirme la un culaut rloterre. II lue veut pas I/nrrnnfjomcut convonu oiifri" Ion deux (}(mvonu'Mionts n'wt valalilo quo pour cotto aiinoo ; il ooiisacro lo .sluhi ijiio. On salt (|uo la proho prinoipalo do 'rorri'-Nouvo est la moruo. Or, i| paniit (|uo la iimruc, niniinc los jolios louunos, a dos capriooH. Ello est (juoiqiu'fois Rorfio, coiinno Miuo. Monoitou ; olio dooouoho. Daus cos dorni^ros aunjioH, olio otait alloc so promonor on no salt pas m'l, ot, los 'rcrro-Xouvioiis l''nni(;ais no I'avaiout plus rotrouv«''o. I'liis olio est rovoiiuo, on no sail jmis d'nii ; (-lie n'a pan voulu lo diro. I'ondanf sa tu^uo, los pf'oliours Xonuands ot Urotons s'otaii'ut consoles aveo lo homard ; lis avaioiit olahli dos pooliorios do lioniards ot s'otaioiit laits coiiscrvatcurs, Mais alors soiit iiitervoiuis, sur lo rivau;o I'raiioais, los poohours do la Coloiiii* Aii^laiso, qtii out fait dos otablisseinoMts oonouiToiits. Diro quo oo mo soiit pas los Noruiauds subject of tbo Nowfoiuidland ilsberios. M. iJozoriau wont over tbo whole ground, and contended tbat tbo Eroneb claims bad boon fully rccoL,Miizod in tbo past by tboJb'itisb nutboritios in Newfoundland tbom- selves, .as was proved, for instance, by tbe Proclamations of Sir diaries llamiltj ' • , _ 409 liu'losuro in No. 209. Extract, from the ''Journal Offiriel" of May 17, 18U0. Intcrpvllation sur les Pt'clwnes de Tvrre-Nvnve. M. h President. — L'ordiv du join* iippcll*' la (lisciissioii Marquis do rAiififlf-Mciiuinaiioir ct iiozeriim rt>iativi> aux iH-chcrii's do Torre- Noiivc. La parole ost ii AI. Ho/orian. 3/. lioze'rian. — Messieurs, vous n'avcz certaineincuf pas pordu le Houvenir du d«5hat qui s't'sl enirai^e dans cctto eiieeiiitc, a la seance du '25 Mars dernier, a jjropos de la question j)ose(> a ISl. le Ministre des AtVaires l^tnmtjiM'es par noire honorable «'ollt''};ue, Si. r Ami ml Vei-on, e: qui iMaif relative aux droits de la France sur les pecheries do Tcrre-Xeuve. Ce del)at ne portant que sur luie question, nul autre <|Uo I'auteur de la question ne pouvait y prendre i)art. An cours et vers la tin de la reponse faito a notre honorable eolK'^ijue par ^[. le ]\linistre des AtVaires Ktranij'i'^ris, deux interruptions partinMit, prescpie en nienio fcnips, de deux cotes opjjoses de n'tti' Assenihlee. .I'etais I'nu des interrupteurs. L'autre etait I'honorahle Slar(|r.is de rAnu;le-neaiinianoir, C'esl asse/ vous dire, ^lessieurs, que, coinnie la question, rintcTpcllation ii'avait cl ne pouvait avoir aucun(> |tortee poiilicpie. ^lais, nous etions, i'nn et l'autre, luus par un nienie sentiment, en voulant tninst'ornier en interpellation une question qui, couime je le disais, i\v pouvait al)outir a auemi ordre du jour. A la suite d'une observation i'aih' ]).ir notre lionorable President sur les inoon- venients pr.ssil)les d'une tnmsl'orniation aussi l)rus(|ne, le Seiiat a ordonne le renvoi do I'interpeliation a iin mois. ("e (li'lai, .Messieurs, i-st ex|)in'' depuis loni^lenips, si bien (pi'a la rt>prise des travaux Parlenientaires, nous nous soniines demande, I'lionoralile .M. de I'Ani^'le-llcauinanoir et nioi, s'il convenait de maintenir rii\terpellation. Apivs rt'll(>xion, nous avons pensi' qn'ii eonxcnait de la maintenir, attendu que, suivant nous, elle n'a rien perdu de son impiutance ni de .son aclualitt'. (Tri^s hien I ail Centre). M. Aiidrt'ii (le AVn/cc/. — .Mallieurea.seinent ! M. lidzr'riiiii. — Nous avons ol)serve qn'en d(''pi1 de raii;iiiniiil;ition si eonelnante do ]M le Afiiiistre des .All'aires Mtranu'("^res, la poleniiciue n';ivait p;is ci-sse de r,intr(! eote du detroit. ([u'elle t'tait demeui-i'e pres(|ue aii'-si \ive. presipie ;ii;-si ardenle, (|u"elle avait <'n de nonveanx (''clios dans les l'iianil)rc'N ; iicius avons reniarqut' (pie <'erlains ori^anes d«>s plus importants de la pressi' .Vnivlaise a\,iient continue lai'anq)au;ne par eux out reprise ; (pie ])our eux, ce (jui nous .-iNail ]i;irii. eoniine ;i \oiis-inenie, si clair, avait. eontinni' Ti deinenrer obscnr ; iprentln la voix (b* I linnorable M. iJibot n'avait (•t(! ni mieiix (Mitendiie. ni niieiix (■■eoiit(''e~j'c-,|M're ([u'il en sera aiilrenient dans I'avenir — que ne I'atait eti- ceile de ses lionorables prt''d(''eestte situation, nous avons pens('' ([iTil etait hot; (pie la voix du I'arlement FraiK-ais se fit entendre une I'o.s de plus; nous avons em (pi'a la pcrsistane(> des d(''n(''ii:ati()iis il convenait (b* ivpondre par la persistance ib-s allinnations. ^'rirs i)ieii 1 trie's bien !) Qiiand je |)arle d'allu-mations, il est bien entendii. Messieurs, (|iieje ne parle pas d'allirtnations en I'air, . . . (("est ccla I an Centre), .le parle d'ailinnations reposant sur des I'aits, ^.ur des doctinienls cpie je vous lerai eoiinailre tout a I'licun', et (lout vous ))()nrrez a)q)ri''eicr la valeiir. l^uant aux d^iu'-uvilions, je ne sais si je ni'abiise. mais il me semble — c'est. uiio eoustatatioM (pie j'ai I'aite avee plaisir — (pi(> depuis (piebpie temps elles s(> rormulent dans des tcrines un pen moins lihsoiiis. Au di'biit, (piand on i)arlait des droits de la I'lanec sur les piVberies de 'I'erro- Neiive, certains eontvadicteurs baiissaient les (''iiaulcs; |e (b'-dain etait leur sculo ivpon.se. Aujourd'hui eette attitude s'est mo(lili, ( rr(^s hioii ! ■iiiK'liiaiilc do railing i-iMiS ciilo, (in'cllc (lui- (■(•rlaiiis la^'iio j»ar mix clair, avail n'avait ('"to ni IMS ravcnir — IS, (i()l)|(>t, ot II l'arl(Mnt'n(. 'rsistaiicc dcs (W-i's l)ini 1 lie i)arlt' pas d'aflinnations u ri\ciir(>, ct lie — (-'("st. lino so lornmloiit •ics dc TciTO- it Iciir soiilo riiriii (|Uo ws lp])!iroiico ; nil Vn ^niud pas do fait; iiir ma part jo mVii IVdicitc i^raiidonicMit. (Assent imoiit.) Cost ainsi (pu^ dans losdoniiors joiirsd'.Vvril, unc do)uVlu' Aiii^laiso, roprodiiitodaiis pliisiciiis joiirnaiix FraiH;ais, I'aisait savoir (pi7i la ('liaiiildo dcs Coininiincs, a iiiic (picslion posn- a nil 'nopr(''S(>ii(anl dii (loiivi rnnnont par I'lin dcs .Mcnilms (!>• cctio Clianihrc. an sujcl d(!s r(^olainati«iis dcs iial)ilants dc 'ri'ri'c-Ncn\(' a jiiDpus dc cc inodim viriiidi, dontj'anrai occasion dc voiis parlor (ont a I'licnrc. Sir Kcry;iiss(in jivail ivpundn ijnc Ic Cabinet Aiiijlais oxainincraif avcc Ic pins '4rai\(l soin, -vcnillc/. Iiicn rcinar(picr la nuance -non pas tonics Ics i-epivscntations I'aites par Ics Tcrrc-Ncnvicns, niais scnlcnicnt cellos ipii no sera lent pas ineonipatiltlcs avcc les oldii^alions tU' rAnnlelcrrc el dc la t'oloiiic vn V(?rtn dos Trailcs. Nons n'aviims pas cncurc cnlendM <'c lanuiiai;'c; jo snis lionroiix d'avoir pii rcnlondrc aujonrd'hiii. II oxiste done dcs Tniilcs; dc ees 'I'raitcs resultant dcs oldii^'alions, ct oes (il)Iii,'a- tions s'iniposcnt a la Colonic aiissi l»i(xeiper d'lui droit persomiol, nc sanrait avoir plus do droits (pic la secondo. Quels sont ees 'L'rait(''s 'r (^)iielles soiit cos olilij^ations r C'est ci; tpu" jo me propose d'oxamiiior. Jo crois, MessieiiiN, ([lie mon cxamen dnit otrc coniplct, ct, pour I't'trc, il doit ii(''('ossai lenient porter siir tmis pt-riodcs sin'eessi\cs : d'aliord, la ix'riodc du passe, c'est- u-dire la ptM'iiKlc antt'-riciirc an nioilns rirrndi, dnnt noiis aurons roc<'asi<)n dc nous occuper ; ensuite la ))criode du present : c'est la pcrinde tpii s'eeonlera dcpuis la miso en vi^uoiir do CO ?HOf/H.v virriidi jnsipi'aii joiir (]ni a doniu'^ a rAnu;letiMro, an dt'-triiiKMit do la I'Vanee, la 8(nivominet('' dc I'lN; de 'riM-rc-Nciive ; 2. Sous h(uiis XV, le Traiti- de I'aix coiicln a Paris le 10 i'Vvrier, I7(i;}, (Mitro I'Espai^iie, la Kraiico, et la (irande-Hretaijne. a la snite di' la (Inerrc de Sept Ans; i\. Suns lionis XVI, le 'rrait('! de I'aix conein a \ ersailles, avcc cetto dcrni(Ve Puissance la (inindc-Hrelni^no, le .'! Sept(Mnl)rc, \ls',]; 1. S(uis la iJestauration, cnlln, le I'raito de I'aix eonelii a I'aris, le .*U) Mai, IS] |., cntre liOuis XVIII ct Ics J'nissances Alli(''es. 'Mcssi(Mirs, je vais niincltre sons vos \(mi\ i.'s tcrnies exacts iU' ees 'rrait('s ; ccla est indisjMMisalilc. N'oiis me p(MMiicllrez de vmis dire ipic cette cxaclitnde est d'aulant plus facile (pie ees TraiU'-s, il est liDn (INmi I'aire la r(Mnar(pic, sont tons iV-dii^t's (M1 l''nin(;ais, dans la lannne dipl(iniati(pio, ot (pie, par e(nis('ipi(Mit, certaines iiilidi''lit(''s do trndiiclion, eorlaiiies traliisoiis dc IradncltMir nc sont pas a i(>di)Ul(M'. Voici le pnMni(M' dc ees 'rraites, le 'rniiti' d'ltrcclil, du II Avril, ITl.'J. IVArtiele int(MV8sant, ccsl rArliclc XIII; il est coikmi (Mi ees l(M'mes : — "Article X [l[. L'lsle tW 'r(M're-N(Mivc avcc Ics isles a(ljac(Mites ap|)artiondra d(''sormais ct al)s(duin(Mit a la (irando-|{rctai;ne ot a cette tin, le iloi Tn'-s Clir(''li(Mi Icra rotnetln' a ceiix (pii so troiiV(M'ont a ee C(nni)iis (Mi cc pa^ s la, dann r(>space de sept niois, a compttM' du jour i\r l\''eliaiiu-e dcs rat iticat ions iU' cc rrail(', on pins t(M, si I'airo so pent, la ville et Ic lint de I'laisanee (>t antics licMix ijiie les l''raii(;ais ponrniiont (nicoro poss(Hler dans la ditc islo, sans (pie le dit Roi Tr^s Cliirtion, ses lu'riliers (lir am (iiu< lialtilalinn siir la ei"(tc' de 'r(M'rc-N(Mi\e ; 2. r(M'niissi(,n di'taltlir siir ees cotes dc lialands on elianl'aiids— cos mot^ 'f^: (UVsigiKMit le nuMiie olijet et les caliancs iiecessaires pour si'rluM- le poissen; L^cwj 3 Ji" I 'i i! I i f.l 404 3. DetVnsc d'a1);)i(lor dans I'ilc dans d'aul re tompa que cclui propro u la pd'cho et ni^ccssairo pour scclior lo poisson ; cost la saison qui s'l'-tend du raois d'Avril au mois d'Octobrc ; •I-. Permission do j)oclier et do secher lo i)oisson d'une l'a(;on generale, sans spdcitieation, sans rostrietion. Cost cette partio do cAtcs grcvoe d'une servitude au profit de la Franec qui est desififuec sous lo uom de " Frencli Shore." Los Eran9ais ont done la j)erniission do p6elier, sans restriction, d'une fa^on ahsolue. Mais peclicr quoi ? Quelle est la nature de ce droit ? Est-ee un droit qui est eomniun a la France et a d'autrea, ou bien est-ee un droit (^xclusif? Je dois reconnaitre quo lo mot " exclusif" n'ost pas ecrit dans lo Traite de 1713 ; mois si quelqu(! doute pouvait oxist(>r sur retenduo du droit concod*'-, vous allez voir, apr^s la lecture du Tmite de IUVA, (ju'on laisse trop lacili'niont de cAte, et aprffs cellc dos Traitos de 17H3 et do 181 1, qu'aucun doute n'est ])ossil)le. Voici comment est coufu lo Traite qiu' je viens de rappolcr a vos souvenirs et qui a etc conolu le 10 T^vrier, 17(i3, outre la Franco, rEspaj^no, et la Grandc-Brctaguc. Je lis Ics Articles A' et XVHI :— " Article V. Los sujets do la l-'rance auront la liberto do la ])oohe et de la seolicrio sur iin(> ])artie dos cAtos de I'llo de 'rerro-Nouve, telle qu'elio est specifieo par I'Article Xill du Traitt; dTtrecht, lequol Article est ronfuivelo et confirni(5 par lo present Traito, h roxcoption de ce qui roiijardo I'llo du Cap IJroton. " Article XVIIT. Sa Majoste Catliolique (le Itoi d'Espagn»>, Charles III), so desiste tant pour elle qiu' \nnn' sos suoo(>sseurs d(^ tout.' pretention qu'ollc* pout avoir foniUH' en favour dos Quipuzcoans (habitants do la Province Basque do Quipuzca) et autros sujets du droit do pooher aux environs de I'Uo de Terre-Ncuvo.'' A^ous roniarquoroz chnix chosos iniportantos dans ce Traite, o'est d'une part le romplaceniont dos mots " jtormissiou de poelic," par los mots "lihorte do pecho," qui soiit inlinimoiit plus oneri^iijues ; c'ost oiisuite la rononoiation ])ar I'uno dos Parties Contractantos aux droits (jue pouvaient avoir certains d(> sos sujets d'exi>rcor la poche sur Ics cotes de Terre-Neuve. Un so demando pounpioi cot to rononoiation, si le droit coiu'odt'' a la Franco par le Traito do 1713 n'ofait pas r.n droit exclusif. Avez-vous encore dos incertitudes ? .It; ])uis mettro sous vos yeux de nouveaux documents. Cost d'abord 1(> Traite du 3 So])teml)re, 17S3. II est con(;u dans les termes (juo je vais vous rappolor, et j'ajoutc tout do suite quo, par dcs motils (juo j'aurai I'lionnour do vous i'aire connaitre, il est eonqjlete par dos Declarations (pii, bion (juo st'pareos, font ovidonuuont corps avoc lui, oxactement commo un I'ldtoooJo i'ait corps avoo le Traite dout il n'ost (pi'une annexe. Voici conuuent sont con^us lo Traito do 17<^3 ot les Declarations qui I'accom- pagncnt : — "Article \. Sa Arajosto lo lloi Tros Chretien (lo l{oi do Franco), ))our provonir les quorolles (|ui ont (>u lieu jns(|u'a {)rosout oniro los deux nations Fran^aiso ot Ani^laise, consent ;i rcnoneor au droit do poc!i(> (pii lui a])partient on vertu de I'Artiole XIII snsmontionno du Traite (rUtrooht d(>piiis lo Caj) Honavisla jnsqu'au Cap Saint- Jean, sitne sur la oot(> oriontalo de Torro-Xouvo, ot |)ar los ')() do^tvs de latitude septen- trionalo ; ot Sa Alajcsti' ](> IJoi do la (irando-Mrota'^no oonscnl, tU'. son oote, que la peclic assii^iH'c aux snjols do Sa .Majostc Tros Clirotioiuio oonnnonoant au uit Caj) Saint-Joan, passant par lo nord ot deseondant jiar la cote oooidontale do I'lsle de Terro-Nouvo, s'otondo jusqu'a roiulroit appch' Cap-1'azo, sitne au 17° ")0' de latitude. "Les pochours Franoais jouiront di la |)roho <|ui lour est assiu;iieo par le present Article, oommo ils out en lo droit ch' joiiir dr c lie qui lour est assignee par le Triiit6 d'Utncht." Vous alhv. voir tout a rhoure, dans los Declarations, h' commontairc de cot Article, si tant est (ju'll soit bosoin d'liii eonuni'ntain>, (piand nous voyoiis ios deux Parties Contiacitautos rcnoneor do part el d'autro a rexoroieo du droit de peche sur hi partio qui no lour est pas roservoe. Keoutez la Dociaratioii Anu:laiso : — " Lo lioi ('tant »?ntiorenient d'aeoord avoc Sa Majeste Trt\s Chrotienne sur los Articles du Traito DrllMitif, elicrchera tons ics moycns (pii ])oMrn)nt non soiilcnient vn assurer rexc'cution avoc la bonne foi ot la poiietnalile (jui lui soul eoiuuios, mais dc j)lus donnera do son oote toute rellicaoitc possibh' aux ])rineipcs (|ui (Mupecheront jnsqu'au moindro trornie do disputi' a I'avonir. "A eetto tin ot pour (|ue les jiooheurs dos deux nations no fassent poii.t naitro dos qnerolh^-. jonrnalicres, Sa .Majosto Ih'itanniqno prendra les niesuros los plus ]»ositives pour prdvenir quo sea sujets no troublent en aucune manit^rc, par lour concurrence, la 409 la pficho et ril au mois iL'i-alo, sans inoc qui est (I'lmo fa^on un droit qui ite (le 1713 ; IS aliez voir, 't aprt^s ccllc vouirs ct qui ile-Brctague. V la set'licric ipccifiL'c par lirm6 par lo ■les III), so (^ peut avoir (iiiipuzca) ct .'uiic part Ic > pc'chc," qui 10 (los Parties rcor la pC-cho on, si le droit do nouvoaux out do suite •omploto par , (>x.actemcnt qui acconi- provonir les ol Anjjjlaiso, ,rtiolo'XlII Saint-Joan, It lido soplou- In coto, quo loan! nu oit do i'islo de lie hititudo. r lo present U'lr 1(> 'i'raiti! oet Article, lloux Parties liir la j)artic I'line sur les I'lilcinent on Inais do plus l»nt Jiis(iu'au It naitre des jus positives Icurreuce, la fifiche des Fran9ai8, pendant rexercicc tcmporaire qui lour est acconle, sur los ontcs do 'He dc Terro-Nouve ; ('t olle I'ora rotirer, a oet ellet, les otabiissonM^nts sedontaires (pii y soront formes. Sa 3lajoste J{ritanni(|iie donnera des ordres pour quo les peclieuvs Frauoais no soiont pas {^eues dans i;i ooupe des I)i)is neeessiiiros |iniir la repanuinii do leurs ochall'auda^'os, eahanes, et ImtinuMils do peolie. "L'Artielo Xlll du Traite d'Utreolit, et la melhode de laire la peelie tpii a ete do tout toni|)s roeonnue, sera Ici modelo sur lo(|uel la peelio s'y I'eiu ; on ii'y eontreviendra pas, ni d'uno part, ni do I'autro; los peclieurs J''ran(;ais no Itatissant rieii que leurs echalVaudasos, so bornant a reparer lours lmtini"nls do peelie et n'y biveruant ])oii\t, les sujets do Sa Majosto Ib-ilannique do leur part no nioltvstant aueunonuMit les p^clicurs Franyais durant lours peelios, ni no dorangoant leurs eebalVaudans do lire sont le largo equivalent do vc mot. Voiei maintcnant la Contro-Deolaration Franyaiso : — "Les princi])os (jui ont dirigo lo Hoi dans tout le oours des negooiaticnis (pii out pr(5c(5d6 le rotablisscni(>nt do la paix, ont di\ (ionvainore le l?oi do la Grande-lb'otagnt^ que Sa Majosto n'a on d'autre but (pio dc; la rondro solido et dural)lo en pievouant autant qu'il est possible dans los quatro parties du nioiulo tout suje! do diseussion lif de quoroUc. Le Roi do la Grando-Brolagno met indubitablemont trop de eoiilianeo dans la droituro des instructions do Sa Majeste ])our no ])as so roposer sur l';itteutiou constanto qu'cUo aura d'ompoolier (|uo les ilos de Saint-l'i(!rro et Miquolon no deviennont un objot do jalousie outre los deux nations. " Quant a la pecbe sur los coles de Terre-N(!uvc qui a cto I'objot des nouveaux arrangements dont les deux Souverains sont oonvonus sur cotte matic'^ro, elle osl suill- samraent oxprimoo par rArticlo V du Traite de I'aix sigue aujouni'luii, et ])ar la Declaration remise egalom^Mit aujourd'bui i)ar I'Ambassadour Extraordinaire et L'leni- potontiairo do Sa Maj(>ste IJritanniquo, et Sa Majeste declare (prelle est ])Ieiiiemeut satist'aito a cot egard." J'avono, Messieurs, qu'aju-^s la lecture (!<• ec; Traite il me semblo \ raiment ilillioib! dc oonsorver la moindro bositation sur rotendue et sur la })ortee do celui de 171o. l^t maintcnant, pourquoi cctto Doohu-ation et ootte Contic-Uoolaration sont-oUes simple- ment anncxees au Traite? Pourquoi no formont-ellos pas avoo co dernier uii tout indivisible ? Voici, Messieurs, une explication que jo trouve dans un opuscule intitule: "Les Poaberios do Torre-Xeuve. IJroits de la Fran<'e exposes en reponse aux Assertions d(; I'lnstitut Colonial," et inqu'inu' a Quebec a rinqirimerio de " rRvencnuMit," on 187(5. Cotte ex|)lieaiion do l;i oonl'usion des Declarations est rappoi'tec dans un ouvrago public I'll Franoe on ISSO i)ar M. Henri do la t'liaume, et qui a pour litre : "Terro-Nouvc et les Torre-Nouvicns," aux pages 110 et suivautos : — " Lo Traite dc 1783 no I'ut pas eondu par les deux Puissances dans les memos conditions quo trelui do 17(i3. La l'"rance avait pris sur sa livale une brillanto rcvanobo et bri>e son empire c(doniaI, on forniant une llepuI)li(iuo de scs plus imiiov- tantes et do ses ])lus ricbos Colonies. Au lieu irim])oscr la paix, rAnt;'letorre la deman- dait oonune unogri\co, et s'estimait boureusc de oonsorver en Ameri([uc un hnubcaii do ses aneionnos possessions. On s'ctonna geiu'-ralenionl ([uc la I'ranoe ne prolllal pas do SOS avantages pour obtenir en Ameriquo ou dans les Indes des restitutions iniportautcs. A Paris, a \'(>rsailles, M. do \'ergennes I'ut accuse do laiblesse. Pour satisl'aire dans certaine mesure a ec mouvcMuent d'opinion, la diplomatic l''rani;aise insista, aupres du Cabinet de Londros, pour que I'Article \' du Traite consacri\t expressenient pour l(>s Frauoais 1(> droit exclusif dr luelie dans la zone qui leur clait assigiu'O. Mais lo Ministere Anglais tint a cludor cotte reconnaissance par orainio (h- suscitcr contro lui-memc do trop violentos attaquos dans le Parloment. Co I'ut alors (lu'un moyen terme I'ut adopto ontn> les deux Puissances, pour tourner la diiriculfe, tout en donnant a la I'' ranee ce ([uN'lle doniandait. A ootte I'm, une Declaration et une Conlro- ])oolarati()n lurent signees par les IMenipotontiaires respootil's, et jointos au cor[)s du Traite." loi on rejmuluil les ternics do la Declaration et ile la Contro-Deolaration (jue je viens do ra|)|)el(!i' a vos souvenirs. II est iuutib' de b's rolire : — " C(> sont la, pour tons les jugcs inqiartiaux, des clauses bieu olaires, hien cxpli- citos, par Icsquelles I(< Hoi d'Angleterro limitait sa souveraincte sur Terro-Ncuve aiissi foi-mollemont qu'avait \ni le fain; Lous XIV en 1713, quand il s'engagoait a detruire les fortiiicatiims et a combler lo Port dc IJunkerque. f t 4rfi " In toxt(^ si jnvc'is, si oatc'^i^oriqiic, ;i])imvt'' suv mic jonissancc incontostee et prcsquo st'ciilain*, husso pen do placo a la discussion." J'estinio, quant i\ moi, qu'il uc m'cn laissc pas du tout. Pour on linir avoc cos Traitos, jo ii'ai plus qu'u oitor lo Traito du 30 IVIai, 1811, qui n fait revivro los Traites antoriours doiit j'ai donno looturo. II est ainsi oon<;u : — "Quant au droit do ])ooli(< dos Kranoais sur lo (Irand Hano do Torro-Nouvo, sur los L'fttos do I'llo do 00 noMi ot dos Hos .-idiaoontos, ct dans 1(> Goll'o do Saint-Laurent, tout sera roniis sur lo in('me i)iod qu'on ITU'i." Vnioi los Traitos (pii sevvont do haso aux rovondioations do la Franco. L'existonccs ct la certitude dos droits ([ui lui out oto oonf»''ro<, rotondiu" do cos droits, no saiu'aicnt fairo voritablomont i'ohjot d'uno oontostatioii, d'lino discussion. CojM'udant on con- testo, on discute, on ari,'innouto. Kli hion, voyons cos ol)j(>ctions. II y on a d'abord iino j)it'nii(M'c qui, cUo, est ^onoralc. On dit : "lis scmt bion vieiix, cos Traitos ! " ravouo quo o'ost la un(> objection cpii motonno. Quo la vctusto dos Traitos puisse anioner, dans ccrtaines ciroonslancos, dos modifications, c'cst possible ; nous on avons des ox(>inpIos dans !<> |)a-iso, nous on aurons pcut-otre dans i'avouir. Mais, co qui u'a jamais pu etre dit soriousenient, cost qu'un Traito a pcnlu de sa valour i)arec qu'il est vioux. J'ajouto que, do])iiis ISKJ juscpiTi cos dorni^ros annoes, cos Traitos out »'t<5 constamment a])^diqu(;s ot qu'ils out oto constamment respcctos par los Anglais jusqu'a uno opocju*^ (juo j'indiquerai tout a I'boure. I'ar suite do cos aotos, de cos fuits, on no pout pas dire ([ua imo epoque qindconque cos Traitos soieut tombiis en desm'ludo. L'(d)jot tiroe do ranciennoto dos Traitos, de leur vetustc'- n'a done aucune ospi^cc do portoo. All! mais, dit-on alors, soit ; vous avoz un droit oxclusil" do pocho ; mais pccbor quoir Va o'ost alors, Messieurs, qu'on voir apparattro cetto distinction subtile, je mc soi-s d'un mot poli, ontro co et ce qui se prcnd. Notro lioiioral)li> collo£;u(\ M. I'Amiral Voron, vous a indiqui'' dans quels tenncs cette distiuctidu osl laito par certains Au<,'Iais : Vous pouvoz, disont-ils, vous approprier ce qui est suseeptibh; d'etre pocho, "to Hsh," niais vous no jmuvoz pas vous approi)rier cc qui n'est pas susoe])til)I(^ do " to tish," rt^ qui est soulenient susceptible d'etre capture, d'etre attrapo, " to oateli." Je responds a cetto objt^ction — si taut est ([u'olle vaille I'lionneur d'uno rejjonso — que Ics Tiviiti's dont j'ai donne oonnaissaiu-e au Sonat aeoordent d'uui! facjon i,'enerale ii la Franeo lo droit di' pocho sans spocitior cmi aucune fayon los otres sur li-squols cc droit poiu'ra s'oxorcor. .rajruto (pio, dans lo iaiiija^o usuel, soit Frauyais, soit Anglais, cst-ce (pio CO sont soulomout los oliosos (jui, dans 1(< lanu;aLco scioutilique, s'api)ellent poisson (pii sent pochahl(ment pas un poisson. A cot ogard, i)uis(pio je parlc d'(';crovisses, pern\(>tte/,-moi de vous lire un extrait d'un eharniant article du a la plume; d'un de nos plus eminonts et spiritucls colK\ifues. Voici CO ([u'il ocrivait, il y a deux jours, dans lo journal lo " Matin " du 15 Mai :— "Los Ani^'lais, du niuius ('cnx do Torro-Nouve, out iu\fnti'' uno (juerollo gi-am- maticale. lis out protondu ([uo les Traitos no rosorvaiont aux Praneais quo la pocho du ])oisson, ot que Ic homard n'otait pas un poisson. Ni !o G(nivern(>mont Franyais ni lo (louvornonicnt Anulais no s(> donnoiit lo ridioulo do prendre au sorioux oottt> plaisautorio. Tons deux ooiisidoront quo la iioobc coiisislo a prendre co cpii habit*' i'oan. Mais rAoadomio do Torre- N'euve tiont [jour son intorprotntion, o( lo ^rand Parli'Uiont do 'I'orro-.Vouvo monaco do s'annoxor aux Ktats-l iiis (jui n'on vculoni pas. "On disait aulrofois que les dictionnaires dosi^uaiont recrovisso conwno petit [Miisson I'oui^o niaroliant a rooulons; el (|u'u!i lionimo do scioiuvMvotiliaootlo dollnition en disant i(Uo recrovisso n'otait pas un poisson. ui'-lail pas rouno, ol no marohait pas a roculons. Lo bon .lulos .faniu, ([ui n'avait vn nn homard quo sur la t:iblc, I'avait aussi apjiole lo Cardinal (U-s mors. II aurail dr (pioi roui^'ir. on ollol, co cnistaoc, s'il dounait lieu a unc ru]ttur(> ontro deux i,n-andos nations." On no pout jtarlor pins spiritncllonioni, ot cot > sprit ne diminuo vn rieu la jmrtoe des ohser\atiuiis lailos par notro honorable cnlliVui.'. Voihi, -Messieurs, ee que j'avais a ropondrc a rari^unii ntation dn " to fish " et du "to catch," a rar^umont du poisson ot du criislaee. II y a, .Messieurs, (luohjuo chose (h' bion sint^ndiei' et dv bi(>n ('-trango. Los Torre- Nouviens principah>mont, (|ui soni nos ennemis declares dans cette cam|)agnc, disont !Oiit(«t»'*o et Uni, 1811, c'oiK/u : — live, sur los lurcut, tout L'existonc(^ sauraicut uit on con- s 8ont bion (' la vetustc^ tions, c'est it-Atro dans ut6 a pcnlu tt's ont et6 Ics Anglais eti>s, (le cos : tomht's on one aucunc mais pcclior ibtilc, jc mo ucls ternies s approiJiucr s appropricr (tiblc d'etre ^ iv[)()nsc — i^enemle a t'squcls CO t Anglais, s'apj)oll(>ut ndu parlor ICO. Kt les mom n'cst un oxtrait collogues, latin" du •olio giam- [ut la poobo niii^ais ni loiix cotto [iii iiiiltito 1(> L!;ran(l ilciil ])as. nine petit • (leliiiition hait pas a avjiit aussi s'il (lonnait t II la j)ortco isb " ot du Ihis T(«iro- Liio, disoiit 407 que ic liomard no so pfiobc pa.s. Eb bien, savez-vous comment on appoUo dans lours journaux — jo vais vous on lire doux oxtniits — I'ojjoration — o'ost avoc ii\tention que jo no prononce pas lo mot do poolio — ro|toration h laqutdlo on so livre pour arnver a prendre oo crustaoo : on rappelje " poobo." Voiei un extmit d'nu Articrlo parii dans lo journal !o " Harbor (iraoo Standard " du 19 Fevrier, 188(5, L'autonr ost publioisto Torro-Neuvion. .\i) no sais ])as s'il est membro do rAoadomio do Torro-Nouvo. Voioi oonnnont il s'(!xpli([Uo: — " La prosso do l,ondros .... " — co (pie jo lis ost une tniduotion, mais jo suis silr qu'ellc ost lidMo — "la j)rosso do Londros att.-iolio uiu* gninde im]»ortano(> \\ vv doI)at" — celui des pocborios (!>• TornvXeuvo, — "t>t (die est iinanimo ."i n^t'usor lo droit aux Fran9ais" — do qnoi I'aire ? — "do j)oobor I'liomard." C'est un Torro-Neuvion qui parle, ot 11 m'.\ a pas d'orreur possible dans la traduction, ca'' il so sort do cos tonnes : " to tisb tlio lobster." Ainsi, d'a^jri'^s co publioisto lui-inome, on n'altnipo pas \o homard, — c'est nous qn'on vcmdrait l>i(>n .attvapor ("l?iros") — on I<> pocbe, et oo scmt dos 'rerro-Xouviens qui lo disoiit, on plutol I'uii des porto-p;in)Ios des Terre-Xouviens. Kt maintenaiit a 'rerro-Xouve ot en Ani,'io1erre oomnieiil ap|)elle-l-ou rindustrio qui s'occupo du lunnard ? ' L(d)ster Hsliory." C"ost do rAni,'l;iis ; ((u'est-co quo cola vent dire on i-'ninyais r J^a peolie dos liomardsl Kt Ton aflfirmo (jno lo lioinnrd Ht> so ))oolie ])as. Voici nn iionvel oxtrait dii journal (jiie je oitais tout ii I'liouro : " Un mooting do citoyons do Saint-.lolin, eonvcxpio par le Sliorif, a eto touu Mardi dernier — on Mnrs — li roin-t-lionso, atlii d'examiner ee (|u'il eonviMiait do fairo on lace du mixtiis vivendi oonooniant lo " lobster iisliery," — o'est-a-diro la peelio du boniard, — sur la c6t(» do Terre-Nonvo." Et Ton no ju'clio pas lo liomard I Voici la I'oponso des Torre-Nouvions oux-moiuos derri(M'o laquollo ils (>ssaiont do so retranolier. (^uant a nioi, j'ai eiieore uiie autre r(''[)onse l\ faire. Admettons ([ue les l''nni{;ais n'aieiit pas le droit (l( n'aient pas lo droit do poolior \v liomard; (|ui lo pooliora? Seront-co los Anglais V Non, vi* n'ost ])as possible. Iloportoz-voii.s, on olTet, a la lecture ties 'I'raites. ("es 'IVaitt'-s disent, dans los tonnes les plus t'ovinels. (jU(> los j)eobeur,s d'uno nation nopourroiit, sous aiioun pretcxtc ni d'aucuno laoon, troublor la peolie (I'lino autr(> nation. Kli hioii, si los Anglais, los TeiTo-Nonviens, on d'autres voulaieut veiiir s'iiistallor an inilioii dos l'raii(;ais pour poobcr lo liomard, est -00 (prils poiirraioiit le faire sans les troublor r lis l<>s trouble- raient cortaineineut : oe s(>rait (lone une violation tlagnmto des Traites. Si done rintorpivtatioii do rAoadetiiie do 'rerro-Xoiive poiivait etre acooptoe, oo ue sent ni los Anglais, ni los 'IVrre-Xoiivioiis, ipii pourraiont ])rotltor do la noclie. Co no sorait ni los mis ni losautres; vi^ no sorail personn.'. '''out ie moiido s(>rait moooutent, a roxoo])tion peiit-etro dos lioniards, ()iii. iie jiouvaiit so lain- |ieelier, iraionl so I'aire jR'udro, j(> me troinpo, iraient so I'aire prendre ailleiirs. (Soiirires.^ Coei s'appollo mio jji-eiivc par I'ahsurde ; muis (pieNiiiel'oi^ ootte ])rouve a du hon. Cost un nioyon souvont do laire la Inmiere aussi graiido, aussi oolatanto que possibl«>. Voilii CO coursdans certains pays pour oontosi(>r nos droits Iik iitestablos. II y a d'abord u fail tpii nous ost rovelo dans I'ouvrago dont jo parlais tout a rhouro, " Tern>-Xeuv(! ot Torn'-Xor ions." Savoz-V(Mis ci^ qu'on onscngno dans les 6colos do Torre- X(Mive 'r On I'ait usage dans cos ocoles irun petit precis (V^ geoirr.npbie, et dans cot ouvrage il ost dit oi'oi. (pie je lirai en i'Vaiu/ais — le te\te Anglais (!st an bas do \\\ page: — 1) est dit qua riuMiro actuelle iine parlie dos (mMcs (|(< 'rorro-Xonvo est virtnollomont sou.stniito au ooiitnMo du (loiivenioineiit Colonial a cause des jiivtentions mal I'oncb'os at!irnu'(.'s et soutoniies par les l*'ran(;ais en vertii do (pioi cotto pai'tie des c(M('s (>st g(''iu''raloir('nt, mais tiH'^s .\ to a Tobjootion grannnaticale, ])vendro dos crustae^'s, qu'ils M'l" V^oila ])liis d'un si(Hdo, — quo dis-jo, plus do d '(X skVUvs — ([u on so so rt de cette appellation de •' Frencli Shore," ot Ton ensoigne (tans los eeolos do Torro-Neuve 'Wi ■ I i t V • i 408 (|ii(' rt«lU' appellation no signifie absolunicnJ rlon; <5tonni!Z-vous done dcs cxcuntricitus (if plume (lout jt» vous ai fait connaitro tout a I'licuiv an tVhantillon. Voiis alio/, voir niaintenant coinnic on arnuiiyo los Traites, vous allcz voir comracat certaiiu's 'rt'rixvNcuvifp;. los traduisont, sptVialoniont Ic Traito do 1713. Jo vous on !»■; doja lu uno partio; jo vous domundo la poriuissiou d'en romcttro un articlo sous vos joux, pour (pio vous voytz a quel point on lo tmvostit h Torro- Ncuvc. L'Articlo XIII ost ainsi oon9u: — " 11 no l(Mir (los Franyais) sera porniis non plus d'y (a Torro-Ncuvc) fortifier aucun liou, ni d'y otablir auounc habitation do la^ion quoloonciuo, si oo n'ost dos oolialauds of i'al)anos nooossairos ot usitos pour soolior lo poisson, ni d'abordor dans la ditc islo dans d'aiitro tonips (|Uo oolui qui ost i)ropr(^ jjour poolior ot nooessairo pour SL'olior lo poisson. Dans la dito islo il no sora porniis aux dits sujcts do la Franco do ]HH'lior ot i\v socibor lo poisson on anouuo autrt; partio . . . ." &c. N'oilii 00 (pi'il y a dans lo Traito, ot lo Traitc^. ost ou Fran(;ai8. Kli hion, d'apros lo publioisto Torro-Nouvion, voioi oo qu'il y aurait. L'artielo do ^.^, ToiTo-Nouvion a oto publio lo 11 .lanvior dornior dans lo journal quo j'ai cito tout il riu uro ot qui ost lo plus sjallopiiobo do rondroit. 11 a pour titrc: "Lo droit do pr-olior ol do oonsorvor los boniards." '• M. I'lourons, anoion .Ministro, dosirait quo la Cliambro dos Doputos iiilirmut quo los I'^rauoais avaiont lo droit do pooho" sur cotto o6to, non souloniont la nioruo, mais aussi los iioniards. '• -Maintonant nous supposons (pi'il ost tout a fait pen nocossairo quo nous assurioMs a iios lootouvs ([»<> oola ost on oonlradiotion dirocto avco los tormos du Traito dTfroobt. Par oo Traito, los Fraiu/ais out lo droit, ou plutot lo privilege, ou la j)orniissi()n do poobor snr los b;.'>os ou los oAtos dc; Tcm-to-Nouvo la moruo souloraent, ot auouno auiro sorto ou ospooo do jjoisson, quoUo qu'oUo soit. CoLa, nous lo protondons, i«st otabli d'uno inanit"*ro in(?outostablo par los phrasos du Trait6 lui- monio." Voilii (los (k'monstrations. TiO mot oinployi'- ost, dit-on, nioruo. ( l-'.xolamations.) .lo ni'attondais, Messieurs, do v()tr(> ]>art, a vi' nKHivoniont do d(''n('gation, car c'cst absoluniont Ic contrairo; onlin, voilii lo pr()C('(l('' d'artruniontaliot\ do certains contradiotours. Lo mot employ('! est moruo, ot non auouno autre osp(Vc : ni liarong, ni saumon, ni oncornot, ni eapeinn, ni liomard I .Moruo porso— Moruo ot riou autre ! " Si ciila M etait pas rintention I'ormello dos autours du Trait(j (»t s'ils avaiont d(5sir(5 ((uo cola jut ontondu conxnio com])ronant toutos los osp('oes do poissous, alors sans aueuii douto, ils auraiont oniployt'- lo mot poisson ot non nioruo." Mais, o'cst |)r(''ois('mont oo qu'ils out fait ot (i'ost pour oola quo j'ai relu tout i\ riiouro rArtiol(> XIII du Trait.« do 1713. A trois reprises, lo mot dont on so sort pom- indiquor los animaux (ju'on aura le droit do ])reMdro, o'e^t le mot poisson ; on no s(> sort ))as uno seulc ibis du mot raoruc. Jo oontiMUe : — "Si done, till avait employt'' lo mot poisson il laudrait bien s'incliuor ; on n'a pas parle do jioissoii. mais do mnrne . . . ." .le prie lo 'rorro-Neiivien, (jui a (Vrit oeia, s'il no sait pas le L''ran(;ais, do s'adrcssor il un Krancais pour ;ivoir un(> traduction exaote ot do so I'aire romottro s(ms los ycux los ternies du 'Iraite. A'dili'i Mil ixcuvi' (le pnl(''ini(|ue qui o.\pli(iue bi(>n dos excoutricitos, bien dos intomjieranoes do lam,'ane. Jo orois, par cos lootiiros, piu- cos citations, avoir (Habli hi certitude dos droits do la Frjiuee ot lour ('tendue, (Tres bien I tn'^s bien !) Miiiiiteiiaiit, oomnient >o (nit-ils exorees ^ Comment s'oxerecnt-ils? Lst-ce d'uno i'a(;oii prooiiire? Kst-eo, lui contrairo, d'uno fa(;on, qui r6v(^lo, do la part (1(! la rrance, (ju'ollo est invest io d'uu V(''rital)lo (lominmn ? Yous alio/, on juiu'or. A o6tt'i du droit, voioi la prati(|Uo; il est imjiortant do la faire eomwi'itre. ha peelie dos jioissons, (pi'il (>st possibli- do prclior sur les cAtos d(> Terro-Nouve, a ('t(' (ni,'anist'o do deux futons: (raliDid, d'lme fa(;()n (pion pout appolor "la fayon du premier ooeiipiint," (jui ii ott" .'use on usaLce par rOrdonnanoo do la Marino do 16H1. \ nus voyez (|U(; les eboses remontont iissoz loin. Plus t;ird, oos droits so sent exori'i'-s diiVt'-rommout, dopuis lu eommonc(.'mont do c(( si(V'lo. Sous I'empiro do I'Urdouuaueo do 1G81 voioi uomment ou procd'dait h la 409 cxcontricitos oir comracat I'cii rcmottro stit i\ Terrc- uvo) fortifier CO n'ost (l(>s ^rdor (Inns In ccssairo pour iujcta dc la ." &c. L'articlc dc juo j'ni cite " Lc droit do iiflirmut quo L nioruc, mais re i\\ic nous lies du Traito village, ou la le seulcment, 'ela, nous lo u TraM lui- lis. Messieurs, trairc; onliii, iii saunion, ivaicnt desir^j is, aloi's sans ni relu tout li u'on aura le inol raorue. • ; oil ii'a pas (le s'adresscr sous les yeux '!s, liien dos les droits do revMe, de la nortaut dc la rcire-Neuve, It " lii fayon ino dc 1681. I'oits se sont icedait h la Lor8(][u'arrivait I'cpoquo de la p6chc, les pecheurs quittaient les c6tes dc Normandic ou de Uretagnc ct faisaient assaut i\ la course. C'otait eclui qui ^tait arriv«S lo premier, qui ^ircnait sur les cAtes de Terre-Ncuvc, dans les limites tractSs par les Trait9 sur la partie des c6tcs dc la ditc He, ou, d'aprfts les Trait«5s, les capitaines Fraiiyais peuveul s (Hablir pour la pcchc." Apn'^s ce tirage au sort, voici le titre qu'on dt^livrc aux ayants droit ; il est aussi •Jncrgique que possible. II est ainsi libellt; : — " C6tes de I'Tle dc TernsNcuve. — UuUetin de mise en possession d(jlivr(5 aux ayants droit par le Com'.nissaire dc rinscrijition Maritime." Voici comment est con^u ce titre : — " Lc naviro ' Le Laborieux,' anac au port de Uiiiie, a M. le Pomellec, domicili(; a Jiinic, e()miiiand(' par le iSieiir Philippe, jaugeant 188 toniicaux 85, ayaiit (luarante- cinq hoiiiines d'6(iui])age. " Ce pn'ssent bulletin a ('-tt' deliviv par le Commissaire de I'luseription Maritime a 13inie, au Sieur Pbilipiie, capitaiiK! du navire ' Le Laborieux,' eoufornu'ment si la Loi du 2 Mars, I8r)2, pour eonstjiter (|U0 le dit capitaine a le droit d'occuix'r, dans le havre de Vieux-Ferolle et Sainte-Geneviiive, situ(5 sur la c6te ouest de I'ile, la place, avec ses d(5pendaiiees (Nos. 1 »>t 2) — dite No. 1, babord en entrant, dans Brig Bay; No. 2, lie Fish— qui a vie assignee au dit navire, avet; l'acult(; do jouir de la dite place, sans trouble ni emp(*eliemciit, jusqu'a raiin(ie 1892 exclusivement, epoiiue a laqucUe le ])artage des places doit etre renouvelt' int(>gralement. " Ceux (jiii troubleroiit le capitaine du navire ' Le Liborieiix ' dans la possession ct la jouissanee de la ditc place, S(,'ront passibies (rune ameud<' de "lOO I'r. et dc tons (lommages-inti!'ivts (jui pouiront t*lre ult(['rit;uieiueiit ivelaiii(3s aujir^s des Tribunaux." Tel est I'actc de iiiiso en possession. C(! n'est pas un acto dc jiosscssion prccaire, c'cst, jo le iV'p^te, un acte do plenum dominiiiiii. Co bulletin de possession d'un usage st-ciilaire, son mode d(> redaction, sa mise en jiratique, n'ont jamais 6t6 roccasion d'unc plaintc (inelcon(iU(', d'une rtjelamation quolconque de la i)art do I'Angletcrre. Los .Vnglais, (lui saveut a iiKU-vcillc h quoi s'eii (enir sur ces (piestions, out pleinenient aecept(' cette fa9on dc faire, ils n'ont jamais ricn (lit, et ils n'ont jamais eontest('' des prati(pics deux fois sciculaires. Voilii bien des jircuves accumul('(\s. Mais je n'ai pas fmi. II faut, en elTet, (pie vous sacbiez (pie les droits de la France out vie solcnncllc- mcnt rcconiuis par de haiits I'onctionnaircs de I'Angletcrre, dans les lermcs les plus ('nergiqiies et les plus absolus. .I'ai eu I'oceasion dc communi(picr a ^1. lc Ministrc des AiFaires Mtraiigi^rcs un doeunient qui me [)arait avoir une importance cimsidc'rable : (•'est une Proclamation I'aitc par un Amiral Anglais, Lord Cochrane, a Terrc-Neuve, en 1828. On m'eii a conimnni(jU(' une autre : c'cst une re(!oiinaissanee de 1822, (jui n'cst pas ('!l()ign(''e, celle-la, dii 'rrait(! de 1814. Ecout(>z en quels ternnvs Sir Hamilton, (Jouverneur de Terre-Nciive, s'expriniait a Toccasion des droits (U; la France sur les p('''cherics de Terre-Ncuve. La Proclamation [269J 8 Q 410 (jue je vnis liro est rapporti-e daus I'ouvraxe que je citais tout ii I'lieure: "Tcn-c- oiivo ot les Ten'e-Nouvicns," page 123:- II ■ 6 , I A "Proclamation di' Sir Cluirles Hamilton, Gnuvernriir el Comma ndant-en-chef de I* lie de Tirre-Neni'C el de sen De'pendances, " Noiis, (iouvoriuMir, considrrant qu'il est stipiiU* par rAdiclo XITI s dndts d(> peebo dt's Kmn<;ais an (iraiid Haiir de 'I'orrc-Ncuvc, sur Ics ('(Mos de I'ilo de «t nom, ot Ics lies adjacoiilos situeos dans lo OollV do Saint- Ijiurenf, soraiont roniis snr lo piod on ils so tronvaiont on 175*2, locpiol Article XIII n ot6 conlinnco do nouvoau par rArliclo XI du 'JVaito Dolinilif ontro la Gmndo-liivtngno ot la Frano(>, oonclu a Paris lo 20 Novonihro, 1815 ; "Considorantqiio lo droit do poolio reserve an su jet de Sa jMajcste TriNs Clir«5tionno ponr lo (lit 'rrait(', s'c'tond dopnis le Cap 8aint-.1(>an, par la ct^to est de 'IVrro-Xeuvo, jnsqn'an Cap Kongo, contonrnant I'ile on remontant par lo nord ot descendant par la (.•6to oeeidontale ; " Considt'rant, entin, tpi'il nons a ('t(i ropresoiitt- (pio dos (U'pn'dations nvaiont vi6 ooniinisos par dos snjots Anitlais an prt'-jndioo do Fran(,'ais etablis dans los ditcs iiinitos ; " J'aisons oonnaitro, par la prt'-sonto Proclamation, quo lea snjets do Sa Majest6 Tn'^s Clu'tioniio doivcnt avoir ploino ot ontii'-ro jonissanco do la p(Vlio dans los limitcs o\ bornos ci-dossns (Mioneoos, ponr on I'aire nsai^o suivant qn'ils v sont aiitorisi^s par lo Trait*' d'lJtHvlit; " A cett(> tin, il est o\pross«'Mnont onjoint a tons los oilioiors, Mugistrats, ot nutrcs lonotionuairos dr. notrc (louvornoincnt do donner dos ordrcs dans lenrs diverscs stations ot dopendanoos rospoelivos ponr qii'anciin tnmhlo on onipechenicnt no soit apport('' sous (piohpio proloxto qno so jinisso (Mro ai I'oxploitatlon de la dite i)ficlio par Ics Fran(;ais a ([ni los dils oilioiors ot 3lagislrats dovront assistance on cas do Ijcsoin. '• Kn oonscMpionoo, il a oti'> notilii; a tons los sujots do Sa ]\Iajests oHioi(,'rs sous nos ordres d(^vront prondro dos mosiM'os pour (pio los (M-lialainls ot autros ("taMissenients ort'u's ))ar les n'-oalcitrauts jtour ro.\])loitatiou dosditos p("eiioric8, soiont onlev(>s, ainsi ipic les iiavlrcs et bateaux on dopoiidant ot (|ui so trouveraient duns les limitos snsditos. " Los dits oilioiors sont, on oons(''(|uotioo, autoris('s a user dos nioyens qn'ils jugoront n(''c(^ssairo jHuir (?ontraindro los sujots do Sa .Majosti' u (piittcr ootto partio do la cdto do I'ilo ot ils dovnmt los provonir (pi'ils soro'it Iraduits (levant les Tribunaux a raisou do lour rol'iis oont'ormt'-niont \i I'Aoto dn Parloniont." list-oe elairr V a-t-il m\ douto possible y M. le Huron de Luninly. — Cost parl'aitomont elair. yi. lUiznian. — .I'ai parity do 1^22, voyons niaiutenant v(> (pii so passo en 1H2S. \ itici un (locuuiont plus oourt, niais (pu u'esl pas inoins explieito. Cost uno Proola- iiuition (ie i'Aniiral Coobrano: — "Am Moni do son llxeellonoo Sir Tbonias Jolin Coobrano, Kniubt, (Jouvcrnour, ot Cominaniiaut-on-ebol' do I'lK; ik' 'rorro-Neuvo, ainsi (pie Vioo-Aniiral de la dite tie. "Atlendn cpu; dos i)laiiiti!s out ('\(' faites dovaiit moi, (b'puis plusiours annocs, plaintos portant que diin'Tontes ])orsonnos mal intontionueos. oin])Ioy(5es dans les pc'obories Anglaisos, (Ml so roudant aux i)(V'berii!s dn nonl ot du J/ibrador, ont mouill(i avoo loi\rs l)atoaux ot scbnunors dans divers ports ot bavros do (,'otte partio do I'lle oonmuMu'-nKMit ap])ole(> " I'renob Shore. " qui est n'isorveo aux sujots J'ranoais ])om" y oxeroer la ])eebo, et y oul oonimis do nombroux niel'aits sur la pro[iri('!t6 dos p(Vliein's Pran(;ais, c1 a divcM'ses reprises ont volt- divers objets ap[»artcnaut k cos dorniers, tols que sol, a|)paroils do p(Vlio, &o., et ont anssi dotrnit m(^cbanin)onl d'autrcs objets ; " Aloi, (ionvernour. en (!ons(!(pieno( . jo pr(5vions toutos personnos nial intea- tionn(''es (pie, en cis de renouvolloniiMit do paroils aotes do violenoo, j'appliquerai les proc('rd(''s les plus rinoureiix, t|ue la loi periuout d'onnjloyo'" eontro los autonrs do paroils nu'laits, et. pour ]>oiivoir plus oiruraoeniont l(!s anionor dovant la justice, los auloritt'js Franyaises reoovront des instructions pour appn'^bendor et envoycr a Saint- John's pour y etrc jugiie, touto personne prise comniettant de paroils niefaits." I ■ ; 411 " Tene- /7/t' de ilu TmH6 I I'lU'is lo feuvo, sur :,-lj\urent, III n i't(S it'tngno et ;lir6tionno iTc-Neiivo, uut par la ivaiont rtd < Ics (Utcs \a Miijcst6 Ics limitcs rises par Ic 8, ot nntrcs rs tliverscs cnt no soit tlito pficho en cas (Ic ipondant do 110 nianiere nent d'etre 08 do la (;6to devront i>s i)ar lo9 OS uavircs s juf^oront do la c6to Lix ii raison lH2fS. .ni(! Vrocla- vcrnour, et lite tic. ^ iirs unni'es, !s dans los Dut niouiU6 rtlo de nio ais pour y [>s peelioiii'S krniers, tols lobjots ; Inial intea- llquerai los lautours de 1 justice, los Icr a Saint- Peut-on coneevoir lo mnindro doute, qnand on voit un Gouverneur Anglais inviter los aiitoritos Fmn^aisos a niottro la main sin* coux qui eoiitrcviendmioiit aux dispositions des Tmit/'s et h dc^ferer Ics d(Min(piants niix Tril)unaux oonipetents. Vuilfl, Messieurs, jo le pense, uuc accumulation do prouves : L«'s Trait/'s, los faits, los pratiques stknilairos, la roeonnaissanco par los autoritcs Anglaises des droits do la France. (Tr6s bion ! tn"^s hion !) Voilu eonunent les choses aumiont (\(i so passer. Mais hulas ! il n'en a pas toujours et*'; ainsi, notamment dans les dorniAros annoos. A CO sujet, des plaintos nombrcuses ont t^to adrossoos, soit u M. Ic IMiiiistro do la ^[arine, soit i\ Sf, Ic ^finistre des AlVaires Ktmnt;<>ros. J(? no los rcpvoduirai pas toutos, CO sorait trop lonfj, jo parlerai d'uno soulo do cos i)lainlos (pii fera connaitro la situation voritablement intt)loral)Io qui on dt'rnior lion a oto I'aito a nos pecheiu-s doTcrrc-X(uive. Voici un ^tcmoirc qui a »''to ndrcsso lo .'> .fuillot, 188!), par nn annatciir do Nantes, M. Thube, qui voulait ori^aniser d'importantos lioniardorios sur les cotes do Torre- Ntnivo. lAr .Ministic do In Afarine dtait alors riionorabie Aniiral Krnntz. Voici co quo M. Thubd lui ecrivait: — " Amiral, "J'ai I'honnour d'attiror voire lianto attention sur Ic })rojudico considerable que me cause rexercioe do la poelic par los Aiiij;lais, dans los limitos des concessions des Bales du Vieux-rorollo et de Sainto-Croiuiviiive (cAte ouest dc Terre-Nouve) quo vous avez bien vouhi in'aceorder. " Le Ca|)itaino Philippe, commandant nion naviro " liahorieux," a remis a M. Ic Chef de la Division Navale uno j)rot('slation coiu'crnant roxercice do la poclic par lc8 Ani^lais, on demandant i\ cot ollieier suj)orii>ur do I'airc rospootor notrc droit absolu ct cxelusir do pechc. "M. le Chef do la Division Navalo i\ ropondu 'qu'il n'etait pas en son pouvoir d'oxpulsor los Anglais' ot, apros avoir passo qnolques joins an mouillai^o de Jlrig-Hay, il est parti, nous laissant u la nierei des AMi,'lai9 qui ont otabli cpiatre liomarderios sin* nos concessions, y attiront do nombronx pochoiu's dos J los d\i Prince- Ivlouard, couvront los fonds convenablos pou'* 'a capture dii lioinard de quantitos cnormes do cusiors, cpuisent los gisoments do liomards, en ((Uf^lqu*; sorte notrc propricto, nous enlAvcnt par lours actos et lour preseneo, la jouissance actuollc et future de notro exploitation. " ^lon capituinc sc trouve dans ectte situation intolerable dt; nc pouvoir donner u son exploitation rimportanco que comportent los capitaux engages, les moycns d'action mis i\ sa disposition, et renergiquo bonne volonto do nos pechours qui, entro Icur salaire fixe, ont uno prime jji-oportionnclle an nombro dc poissons pecht^s et sont ainsi directcment interessi^s dans le resiiltat de cetto atVairo. " Conformement ii mos instructions formollos, moii Capitainc evite touto luttc, tout conllit u main armoc, conflit dont los eonsequencos no poiivent so provoir. Aussi, en CO qui eoneorne notro pocbo du hointird (it riininorsion des easiers, mon capitaino se trouve roduit h ])M\ov ilans rospace quo los Anglais daigncnt lui coiieeder, e'est- i\-dirc sur des I'oiuls doja o[)iiisi''s on mediooros. " A la date du in Mai, nous n'avions t'abriqiic ([uc soixante caissos dc liomards, alors (pie normaleinont nous aurions dil en avoir (iUO, et, h cette mi'me date, mon capitaino ('crit : ' Les Anglais exi)loitont nos concessions comme des onragi-s. En liieo de nous, h lirig-Hay, ils prtMinent (piotidieiiniMuont 8,000 ii 12,000 liomards. II est facile do voir (pic, dans c(!s conditio as, lo honiard sera detruit u href dolai, quoiipie lo gisement soit trie's rielic.' " Lo Mai, M. Miclu>l, I'nn de mcs associi^s, present sur les lieux, ("crivait dc son cotij : " L'impression des luibitants nous est favorable, mais ils attondent avec impatience la venue des navires dc; guerre pour savoir, cux aussi, de (picl c()te il faut toiirner le cap . . . .' Nos pf-cliours no peuvcnt jias di'doger los Anglais sans conflit ; los Anglais sont tous honimes i\ se battre, capables dc faire une bouchee do nos p^'cbours. Vous voyoz quelle imporfcvnee j'attache a la priiscncc de la station navalo ici. .le me propose do lui demander de faire un long s(3Jour, jusqu'a ce (pio nous soyoiis (K'livr^'s des homanleries Anglaises. " Quant a la peclie do la morue, die nous est dovonuo mat<5riellement impossible. L(^ passage de ce poisson est, comme I'on salt, dc tvi^s courtc dur(5c il la c6tc uord-oucst ; u Tapproehe du detroit du Labrador, scntant les fonds diminuor, ce poisson dcviont tri^s deftant, nos pf'cheurs doivent prendn; toutcs les pr(5cautions possibles pour nc pas I'dcarter des bales formant les concessions. Solon I'usage, le capitainc, au moment de CO passage de la morue (vers le 20 Juin), 16ve ses easiers, les met li teiTo dans la [2(9] 3 G 2 I ! { • 1 ( I II i •'.: 412 croinfo qun la moruo on ronrontrant ccs cngins dnna sa course, n'acoosto poa la odto ot nc dispamisBO nil Inrgo dans los grands fondn oi'i olio est iinpronable. " Or, nos coiirossinns sout pnrsoinucs do castors Anglais auxquols nos p6chours no peuvent toucher soun peine de rixcs et do bataillcs ot quo los proprietaircs rcfusont naturoHoment do lever. " Enfln CCS casicrs, invisibles au fond do I'eau, dik-liircnt nos sonnes et, ainsi que I'a expliqu6 M. I'Amiral Veroii au 86nat (stJanco du 21 D'■•• • '-j '"t" -'•'• ^'-- ^ '' ■ • • ••" >"''•" it vous nous )rmettez-moi I nous avons 3siie d'autant :s solidement 'ai apport(5 h e conviction la seance du ■angferes, que me en toute ;s paroles, je ir des Traiti^s la meilleuro cter tous les is saurez Ics ces ; vous ne ! et applau- des intcrfits iter quelques rtie du sujet ^s bien !) ^preuve un ,'emsnt deux rticulier i\ la unc question Midi do me collogues du la fronti6re ance. (Trfis ler en inter- fitrang^res, que ce f At ation, aussi te situation ible collogue ir de donner ir, propre h ]5trangftres rmis de dire nc semblait, ;ent par des icissent pen ts du *' God e Ministre, oncluait en ussion, et 11 nne foi du populations ng la garde, C6tes-du- s formuldes 415 Veuillez souft'rir, Messieurs, que, m'iuspii'ant des mSmes sentiments, j'insiste de nouveau auprds do vous. L'honorable M. Soz^rian, avec un exc^s de courtoisie contre lequel il voudra bien me permettro de protester, s'est qualifie de co-siguataire de notre interpellation, dont 11 semblait m'attribuer g^n^i-cuseraont I'initative non partag6e. J'ai le devoir de hii restituer, dans notre action commune, le premier rang qui lui appartient. L'^loquento et savante dissertation qu'il vient do faire entendre au Senat le lui assurcrait d'ailleurs, en dehora de tous les titres si nombreux qui I'y placent. Cost du reste une hcureusc fortune pour un Membre de la Droite, et je n'ai pas voulu en laisser ecliapper I'occasion, de montrer une fois de plus, que si nos convictions nous orient le douloureux devoir de combattre implacablement certaines manifestations de la politique R^publicainc, nous savons, lorsque la dignite de la France est en jeu, apporter notre concours d^sintercss^ h ceux qui parlent en sou nom. (Trfes bien ! u Droite.) Messieurs, j'admirais tout tl I'lieure avec vous, le talent doploye par ]\I. Bozerian dans la definition et la defense de nos droits sdculaircs siir les pecliories de Terre- Neuve et jo me garderai bien de toucher u une demonstration aussi parfaito. Mais pour me laisser sans doute quelques epis h glaner dans son abondantc moisson d'argu- nients, notre honorable coll6guc s'est surtout cnformo dans Ic domaine theorique et jiu'idique, m'abandonnant par suite, le soin d'appeler la soUicitude du Senat, sur le prejudice causd aux pC'cheuvs par I'etat de choses actiiel, ddrivant d'une accimiulation dc concessions imprudentcs, auxquelles il est temps de mettrc un tcrmo. Afin de ne pas obliger le Senat h regretter la bicnveillancc avec laquelle il vent bien m'ecouter et pour ne pas m'exposer moi-meme h tomber dans des redites qui laisseraicnt sa patience, je considdrerai, Messieurs, — croyant en cela traduire votre pensee unanime, — je considercmi, dis-je, la question do droit coiume tranchee, et je ferai porter ma discussion sur deux points seulement : io m'efforccrai d'abord de defluir aussi fidMement que possible la situation si touchaute des populations dont les interfits sont en cause ; puis j'examinerai quels sont, pour la protection due a ces droits absolus, les devoirs imposes au Gouvemement et k sa diplomatic. Messieurs, il est peu d'hommes au monde par qui I'universelle loi du travail soit plus sincferement pratiquec quo par nos pocheurs de Terre-Neuve. Tour SI tour cultivateurs et marins, pendant les mois d'automnc et d'hiver, ils laboureront et ensemencei-ont ces champs dont la moisson se fera sans eux et que plusieurs quitteront pour ne plus les revoir. Avril verra Icur depart pour Terre-Neuve, puis, pendant cinq mois, ils vont se livrer a un labour incessant de jour et de nuit, ayant t\ peine quatre lieures de sommeil, sans cesse trempes de la tete aux pieds, ne songeant memo pas a se plaiudre tant la perseverance, I'energie, le courage sans defaiilance sont pour eux des vertus natives et bereditaircs. Quand Septembro arrivera, on songcra au retour, ct alors, ceux que la mer aura dpargnes, ceux sur lesquels elle n'aura pas prdlevc son insatiable tvibut; ceux qui, suivant I'expression consacree, n'auront pas etd "envoyes au fond" par quelque transatlantique geant, passant sur leur pauvre navire commo une locomotive broyant un grain de sable, ceux-lk revcrront la terre dc Trance, ou ils sont attendus avec tant d'anxieto et toucheront encore une fois ce rivage alternativemeut temoin dc si vivos all6gresses et dc si cruels desespoirs. Eh bicu. Messieurs, ces braves gens que je voudrais vous faire connaitre ct aimer comme nous les counaissons et les aimons nous-mSmes, que demandent-ils P — Pas autre chose que la certitude dc pouvoir con- tinuer ce dur metier qui a 6i6 celui de leurs percs et qu'ils veulent appreudre et trans- mettre k leurs fils. Messieurs, j'ai les mains pleines de renseignements et de chiffres concernant nos pficheries dc Tcrre-Ncuve. Je craindrais dc vous fatiguer en les pla9ant tous sous vos yeux. L'etude attentive que j'en ai faite me permettra de vous en soumcttre un rapide resume. Les ports de I'Ouest envoient aunuellement h Terre-Neuve 10,000 marins rompus 11 la fatigue, familiarises avec le danger, et dont toute flotte dc guerre sur laquelle ils seraient, en cas de nccessite, einbarques du jour au lendemain, pourrait 6, bon droit se montrer fiere. Ces 10,000 hommes laisscnt derri^re eux autant de families, qu'ou doit evaluer, au minimum et en moyenne, chacuno a cinq per- sonnes, ce qui constitue, en comprcnant nos marins, une population de 60,000 kmes tUrectement interessee aux pficheries de Terre-Neuve. ]VIais autour dc ces families, il faut aussi groupei. toutes celles dont les nombreux mcmbrcs sont employes par les industries auxiliaires de celle de la p6che ; les con- II 't. ; 416 structeurs de navires, les fabricants de gr^ements, et de tous les objets ndcessaires a I'armement, h ram^nagement, k rapproTisionnement des b&timents, &o. On n'exagdrera rien si, d^cuplant les cbiffres pr^cit^s, on lvalue & 600,000 lo uombre des personnes plus ou moms imm^diatement int^ress^es h, la pdclie, et, dans ce nombre, veuillez le remarquer. Messieurs, je ndglige de compter celles qui, sur tous les points de la France, font entrer dans leur alimentalion une quantite plus ou moins grande des produits de la ptebe de Terre-Neuve. A ces propos, Messieurs, et puisque M. le Ministre de la Marine est prdsent, je soUiciterai du S^aat la permission de lui dcmander s'il no lui serait pas possible, dans rint^r6t de nos pScbeurs, insorits maritimes formant T^lite des Equipages de nos navires de guerre, d'^tudier de nouveau la question de I'introduction de poissons salds dans Talimentation des troupes. Ce projet, ^cart6 d'une mani^re sommaire lorsqu'il a 6t& prdsente pour la premiSre fois, m^rite ce me semble un cxamen plus approfondi, et les populations de nos c6tes apprendraient avec reconnaissance qu'il n'eat pas k tout jamais abandonn^ et qu'un d4boucb6 noureau ct assure est acquis aux produits de leur travaiL Cette courte analyse vous confirmera, je I'espfere, Messieurs, dans voire convic- tion, sans doute anoienne, de I'importance des intdrets engages dans la question que nous discutons. Cette Y6nt6 stabile, il me faut maintenant demontrer dans quelle mesure et par quels proc^d^s ces int^r^ts sont mis en |>^ril et de quelle fa9on nous entendons qu'ils soient prot6g^s. Messieurs, lorsqu'un membre de la Droite monte a cette Tribune, on pent 6tre tentd de supposer qu'il y vient avec I'intention de faire 6cbec au Gouvemement B^publicain. Mais, je I'ai dit tout h I'heure, et je le r^p^te, ce soup^on qui pent ^tre justiii^, lorsqu'il s'agit des principes sur I'application desquels nous ne transigerons jamais, doit disparaltre quand nous poursuivons la solution de diilicult^s d'ordre ext^rieur, qui nous rallient tous autour des couleurs Frangaises. Je ne puis vous en donner un t^moignage plus formel qu'en vous priant de vouloir bien entendre la lecture d'une lettre adress^e, quelques beures trop tard pour qu'il en pdt faire usage, au cours du d6bat auquel il a pris part, h mon cher collogue, M. le Comte dc Tr^veneuc. Cette lettre emane d'un des rares Conseillers-Gdn^raux E6publicains des C6tes- du-Nord. M. Besnier, armateur k Binic, est connu pour son attachemcnt ancien aux institutions actuelles. Mais bien que sc montrant, en toute occasion, I'un des adversaires les plus ardents du parti Conservateur, il n'ignore pas que, dans les C6tes- du-Nord, la divergence de nos opinions politiques n'a jamais mis obstacle au mutuel concours quo nous nous protons, pour ddfendre les interfets des populations repre- sentees par nous, i\ des titres divers, mais avec un ^gal devouement. Voici, en quels termes il s'adresse k M. le Comte de Trdveneuc : — "M. le Senateur, Binic le 14 Mars, 1890. " J'apprends k I'instant seulement que c'est aujourd'hui, 14 courant, que M. I'Amiial Veron doit interpeller au S<5nat M. le Ministre des Affaires ^^trang^res sur nos pecheries de TeiTC-Neuve. J'aurais voulu vous adresser quelques details relatifs a cette peche, et vous prier de faire connaltre Jl I'Amiral Veron les precedes des Anglais a I'^gard de nos nationaux, ct comment ils cntendent et pratiquent le respect des Trait^s. " Vous savez combien j'ai eu a soufTrir des entraves apport^es k la pdche de nos navires par les pecheurs Anglais, et les pertes enormes qui en ont 6t6 la consequence. " Continuellement en butte k leurs menaces, les capitaines de nos navires, qui occupaient le liavre de Kirpon (partie nord de Terre-Neuvc), et qui n'avaient pas les moyens materiels de faire respecter leurs droits, soUicitftrent M. le Commandant de notre division navale de venir leur prater main-forte. Le b&timent d'Etat "La Clorinde" fut exp^die aussit6t au Kirpon, distant de 16 milles environ du lieu occup^ par notre station et six de leurs trappes, qu'ils n'eurent pas le temps de faire disparaltre, furent saisies par le Commandant Le C16re, et envoy^es en d it ancien aux on. Tun des ms les C6tea- ile au mutuel ations reprd- lars, 1890. ourant, que s fitrang^res ques details les proc^dds )ratiquent le la pficlie de ont 6t6 la navires, qui raient pas les imandant de d'fitat "La I lieu occup^ e disparaltre, )uverneur de par les deux uer la pSche e parti, lis se s trappes, et 417 •* II en est r^8ult6 pour M. Dupuis-Kobial et pour moi une perte de 150,000 fr ■d'aprfes un Bapport du Commandant Le Clfere h la suite do I'enqudte officielle ordonnde par M. le Ministre de la Marine H la c6te de Terre-Neuve et dans notre circonscription maritime. " En pareil cas, le Gouvernement Britannique n'hdsite pas h rdclaraer et h obtenir satisfaction pour ses nationaiix, ou h confisquer nos navires qui s'aventurent dans les parages qui leur sont assign^s par les Trait^s. C'est ainsi que le Commandant de la division Anglaise donna ordre de capturer, 11 y a deux ans, deux go^lettes Eran5aise8 qui d(5filaient sous voiles pour p6clier du capelan, petit poisson qui sert d'appM h la morue, et les fit escorter jusqu'k Saint-Jean ou elles furent condamn^es sommairement k des amendes considerables sous peine de confiscation. " Pendant cc temps-la, leurs navires peuvent venir impunement dans nos havres au mdpris des Traitds ; s'y livrer h la pcche concurremment avec nos marins, et lorsque, & la suite d'une enqu^te officielle qui etablit pdremptoiremcnt I'atteinte port^e h nos droits efc fixe le montant du prejudice qui nous a etc cause, notre Gouvernement fait adresser, par notre Ambassadeur a Loudrcs, une reclamation qui n'est que trop fondee, le Gouvernement Britannique se borne a repondre par I'organe de Lord Salisbury ' que notre reclamation repose moins sur un prejudice direct que sur un manque b, gagner malaisement apprecial)le.' " II est juste d'ajoutcr que M. Flourens, alors Ministre des Affaires fitrang6re8, d^clara qu'il ne considdrait pas que cette fin de non recevoir diit clore le debat, et il invita M. Waddington h faire une nouvelle demarche aupr6s du Cabinet de Londres. " Depuis ce temps, la question n'a pas fait un pas, malgrd les promesses de M. Goblet et dc M. Spuller, qui n'a merae pas r^pondu h ma Icttre du 27 Janvier dernier. "Dans le cas ou I'interpellation n'aurait pas lieu aujourd'hui, comme quelques journaux I'out annonce, je vous serai reconuaissant, M. le S^natcur, de vouloir bien en communiquer le contenu a M. i'Amiral Veron. " Je vous prie d'agrecr, M. le Senateur, I'assurance de mes sentiments les plus respectueux. (Sign6) "Alp. Besnier." Vous reconnaitrez avec moi. Messieurs, que cette lettre, outre I'interet qu'elle comporte, meritait de vous etre communiquco, ne f At-ce que pour vous donner la mes are de la deference reciproqUe qui preside, dans notre dipartement, aux relations que notre mandat nous cree parfois le devoir d'entretenir avec nos adversaires politi- ques. M. Besnier ne pouvait douter de I'accueil empresse reserve a sa communica- tion, qui ne m'6tait pas primitivement destinee, comme je I'ai explique, et que lo concours de circonstances auquel j'ai fait allusion, m'a rendu le d^positaire. II me serait facile. Messieurs, de coUectionner les documents de ce genre. Celui-ci me paralt suffisant pour permettre de rdsumcr ainsi la situation; d'une part, des droits formels, precis, incontestables ; de I'autre, une usurpation incessante et de plus en plus audaeieuse de ces droits, accomplie h I'aide des precedes les plus violents. En presence d'aussi intol^rables abus on peut dire d'aussi graves offenses, quelle a 6t6, en dernier lieu, I'attitude du Gouvernement ? Les plus r^centes manifestations de ses intentions se trouvent consignees dans le modus vivendi dont M. le Ministre des Affaires Etrangferes a donn^ lecture au Senat le 25 Mars dernier. Or, Messieurs, cet acte ne nous offre qu'une s8ecr^taire d'fitat aux Colonies 6tant absent, je prierai le Sdnat de vouloir bien Tenvoyer & une prochaine s6ancc la fixation du debat. M. le President. — II n'y a pas d'opposition ? La date de I'interaellation sera flx^ h, la prochaine s^nce. La parole est 2l M. le Ministre des Affaires £trangdres. Reprise de la Discussion. M. Ribot (Ministre des Affaires fitrangferes). — Messieurs, I'honorable Sdnateur qui descend de la tribune a, dans un langage im peu imagd, mais auquel il ne m'on codte pas de m'associer, rendu hommage k la vaillance et aux qualitds laborieuses de nos marins. Le Qouvemement manquerait h tous ses devoirs s'il n'avait pas h ccEur de d^fendre en toute circonstance les intdrfits de ces populations maritimes qui sont la r&erve la plus prdcieuse de notre force militaire. Je puis dire au Sdnat que les int^rSts des p6cheurs k Terre-Neuve — et je ne parle pas seulement du " French Shore," mais de toute la region de Terre-Neuve — ne sont pas, en ce moment, en soufTrance et ne doivent pas nous causer d'alarmes. L'annde 1887, qui a et6 marquee par les difBcultds auxquelles on a fait allusion, est celle oil on trouve le maximum des marins occupes h la p^che dans ces regions. Croyez que ce n'est pas un fait accidentel et que, depuis 1887, il y a une progression constante. En 1887, il y a en 6,922 pfechcurs occupds tant h la pcche qu'k la prepara- tion du poisson. En 1888, il y en a eu 7,(595. En 1889, nous n'avons pas encore le chiflre ddfinitif, mais nous avons un chitfre provisoire de 8,352. Ce n'est pas assurdment une raison pour le Gouvernement de se ddpartir ie moins du monde de la vigilance avec laqupllc— quoi qu'en ait dit I'honorable pr<5opinant — il defend le droit des pfecheurs ; mais j'ai cru que le Senat dcouterait avec satisfaction la lecture de ces simples chifFres qui montrent que les grands int6r6ts dont la defense a 6t6 apportde h cette tribune et que le Gouvernement n'oublie pas, ne sont pas en soufTrance. (Tr6s bien I tr^s bien !) Je ne puis que remercier I'honorable M. Boz6rian de la fa9on dont il a expos6, avec toute I'ampleur ndcessaire, les titres de la France dans cette region de Terre- Neuve. J'ai bien compris son intention. II n'a pas voulu affaiblir Taction du Gouvernement, il n'a pas voulu critiqucr cette action dans le passe ; ce qu'il a voulu — et cela paraissait ^tre utile, necessaire dans une certaine mesure— c'etait rassembler en quelque sorte les titres que nous avons a faire valoir, les mettrc en pleine lumidrc et ddniontrer ainsi h ceux qui les nieconnalti-aient le bien fonde ct la valeur de nos reclamations. (Approbation sur un grand nombre de bancs.) Apr^s cette demonstration, que le S6nat a 6cout6e avec toute I'attention qu'elle meritait, je n'ai pour ma part rien a y ajouter, par la raison fort simple que je la tiens pour absolument solide et parfaitement decisive. (Approbation.) L'honorable M. Bozdrian vous a rappele I'origine de nos droits dans ce Traite de 1713 qui est parfaitement clair et qui a 6te, d'ailleurs, complete par les Traitds de 1703, 1783, et 1814. Le Gouvernement Fron9ais, Messieurs, Jl toutes les epoques, a consid6re en effet qu'il n'y avait dans ces textes aucune ambiguitd', aucune incertitude — (marques d'approhation) — que ces Traites nous assuraient nou seulement le droit general de p^che qui, malgre toutes les subtilites de langage s'applique, de I'aveu m6me des Terro-Neuviens, h toutes sortes de poisson puisqu'ils en sont rdduits, soit a lire inexactement le Traits comme dans cet article de journal cit6 devant vous, soit h imaginer une distinction de pure fantaisie contrc le poisson qu'on prend et le poisson qu'on peche. Nous avons toujours considdrc^ que le droit dtait g^ndral et qu'il etait exclusif, en ce sens que sur le "French Shore" il y avait pour les pficheurs Fran5ais un droit qu'ils pouvaient faire valoir a I'encontre des pecheurs de toute autre nationality, et particuli6rement des Anglais, et qu'on ne pouvait troubler par aucune intervention ni par aucune concurrence. (Trfes bien I tr^s bien I) Cela a 6te dit, h cette tribune racme, par mes honorables prdddcesseurs ; je I'ai rappeld dans les trds courtes declarations que j'ai faites moi-m6me au mois de JVIarsi dernier en rdponse k une question de M. I'Amiral Veron. Je n'h6site pas <^ rdpeter cette declaration comme conclusion de I'appel que m'a adressd M. lJoz6rian. Mais je ne puis pas laisser sans une rdponso Tassertion de I'honorable M. de rAni;le- n I'. ; " i ■■■ > ! It ill 420 Boaumanoir que le Gouvemcmcnt qui nous a Y>rO'6,d6 aurait abandonn6 los droits de la France, qiu>, dans c»! modus vivendi auquel il a cto ameno, dans les conditions quo je vous ai i'xpli(}U('(?s pm-ddoniiupnt, il aurait 8acrifi(5 quolquo chose de uos droits. M. do rAnLfle-Ucauinanoir n'aura ((u'a rolire le preambule mfime do la Declaration signdo par I'Angleterre ct la Trance pour voir que nous avons reserve absolumcnt, dans toute lour intesfrite, Ics droits qut; nous tenons des Traitos. 'SI. de rAnii;le-Ueaunianoir doit hien se rendro coraptc qu'il no sufTit pas qn'un Gouveriiemcnt ait conscience des droits qui appart mnent u la Franco, qu'il no sufTit pas qn'en toute circonstance il les ait deiendus dans lo langago lo plus forme, Ic plus enorgiquo, poiu* eviter des difFicultcs et pour eviter (juelquefois Tapproche d'un conllit que, j)as ]»lus (jue nous certainement, M. de rAngle-Beaumanoir no saurait soubaitor, entre I'Angloterre et la France, II a paru que cette question des peclies avait pris dans les dernicrs temps un tour si vif, quo les dillieultes etaient dovenues telleraent aiguiis qu'il etait indispensable, avant de n^prendre nne negociation au fond, d'assiirer, par un modus vivendi ])rovisoiro et pour la campagne qui s'ouvrait, uiie cominunaute de vues entre les Gouvernemonts Anglais et Franyais. Cost dans cet esprit que les deux Gouvernemonts out redigo la Declaration que vous connaissez, et qui so resume en quclquos mots. I'endant la cam])agne de 1 890 il no sera innove quo si la France et I'Angloterro y consentent — la Franco ct I'Angleterre rejiresentdos par les Commandants de lours flottilles; — on prcndra pour base lo statu quo tel quil oxistait au 1" Juillet, 1889. Voila CO qui a etc fait et, je le repute, sans auciui abandon et sans aucuno volonto d'abandou de la part do la France. (Tr^s bien ! tr^s bion ! ) Qu'il f At pref(;ral)le pour nos pecbcurs d'obtonir uno reconnaissance immediate plcino et entii^ro du bion fondo de nos rcvendications ? je no lo contesterai pas ; mais je dois constater, parce que c'est la verito, que ce modus vivendi a produit a Tcrro-Neuve uno emotion singulif'rement plus intense quo colic qu'il a pu exciter parmi nos pecbcurs. Je n'ai pas a fairo passer sous vos youx lo toxte des llesolutions plus quo vivos qui ont ot6 prises tlans des meetings d'indignation a Terro-Neuve ; je n'ai pas a vous parler de I'envoi de Delegues que la Colonio a ex2)edies a Londres et jusqu'au Canada; jo n'ai pas ajjport^ ici les articles i)ublies a Terro-Neuve. Yous avez dit tout jl I'lieuro qu'ils etaient particulif;rcnient desobligcants pour la Franco. Cela est possible ; mais ils no le sont pas moins pour la diplomatic Anglaiso, et je pourrais vous citer les termes dans lesquols on pretend que si la diplomatic Frangaise a etc fort habile, la diplomatic Anglaiso aurait, au contra ire, donne la mcsure de sa faiblesso. Co sont la des amenites auxquelles il no faut i)as attachor, de part ni d'autrc, ime grande imjiortance. Ce qui est certain, a I'lieuro qu'il est, c'est que rarrangement snscite a Tcrrc-Xeuvo un grand meecmtentement, que dans uno adrcsso (jui vient, dit-on, d'etre redigc par un Coniite des deux Cbainbres, on declare qu'on s'opposera memo a un arliitrage. Ce n'est i)as a nous de repondrc a ce qui pout se dire, soit au Parlement, soit dans la prosse do Terrc-Nouvo. Conmie I'a tr6s bion dit I'lionorable M. de I'Anglc-Beaumanoir, nous n'avons pas a traiter avec Tcrre-Xouve ni avcc sos repri'ssentants ; nous no connaissons que I'Angleterre, son I'arlomont, son Gouvornoment ; et je dois dire, parce quo c'est la verite et la justice, que I'attitude, le langago du Governoment Anglais, dans los noinbiouses occasions ou il a etc interroge a la Chambre des Communes, a 6t6 absolumcnt correct, riionorablo M. Bozerian I'a roconnu lui-memo. Sir .Tamos Fergusson a declare que le Gouvornoment Anglais ne s'associerait aux reclamations de T(;rrc-Xeuve quautant qu'elles seraiont conformes aux Traites, et qu'il ferait respecter les Traites ot les Arrangements auxquols rAngleterro a mis sa signature. Quo cela lui soit aise ou malais6, peu iraporte 1 Elle a mis sa signature, (!lle la fern respecter par les habitants do Terro-Neuve. Quelle doit etre notrc attitude dans ces conditions ? C'est d'attondre avec confianco que le Crouvernement Anglais fasse executcr I'Arrangement qu'il a conclu et de rechercli(?r ensuite comment nous pourrons arrivor a un r^glement detinitif do cette question, qu'il ne faut pas laissor s'envcnimer et s'aigrir trop longtomps. Nous y ferons tons nos ellbrts. Vous comprendrez qu'en ce moment je ne puis pas vous donner uno indication plus precise ; ce serait une imprudence do ma part. Tout CO quo je puis dire, e'ost que nous nous insjiircrons a tout moment des sentiments qui animent cette Assemblde, c'est-a-dire du dosir do defendre efficacement les interfets et les droits do la France. (Tr6s bien ! tr^s bien ! ) Si le Senat veut s'associer au Gouvernemont dans cette pensee, s'il vent dire qu'il compte sur notre perseverance a defendre nos droits, qiu r^sultent des Traitos, il ne 421 .6 los droits de iditions quo je droits. M. do ion sign<5o par nt, daus toute uflit pas qii'un qii'il no sulTit fcrmo, le plus lie d'un conflit irait soubaiter, tonins un tour indispensable, ?ndi ])rovisoiro louvcrnements 3 ont rcdige la I'Angleterre y ants de leurs Juillet, 1889. ucunc volont6 )ref(;ral)lo pour :Ui bien fondo larce quo c'est lingulii^rement li i)as a I'airo prises dans des do I'envoi de ai pas a])port6 qu'ils otaiont > ils ne le sont i dans Icsquels atic ^Vnglaise li d'autrc, une rarraiigomont ise qui vient, on s'opposera dire, soit au s n'avons pas inaissons que e que c'est la lais, dans les munes, a 6te ssocierait aux raites, et qu'il re a mis sa sa signature, ittendre avec 'il a conclu et definitif do mps. je ne puis pas part. Tout mtiments qui es inter^ts et eut dire qu'il Traites, il ne pourra quo nous donnor une force du plus. (Vivo approbation) Et, pour nia part, jo ne pourrai quo Ten reniercicr. (Trtii bien I tr^s bion ! ot applaudissoments repdtos.) A/. Ic Lomte de Trereneuc. — Je dcanande la parole. M. le President, — La iiarole est ft, M. Treveneuc. M. le Comte de Tre'vmiuc. — Mcssieui-s, je vous prie d*6trc sans inquietude ; jo no vicns pas vous imposer un discours, dcsormais inutile ; quelques paroles seulemcnt, ct je descends do la Tribune. M. do rAngle-Beauuianoir, dins un excellent discours, viciit dc vous dire les interets de toutes sortcs (]ue nous avons u Texeeutiou de nos Traites. 11 vous a exprimiS d'uue mani6re qui a dd vous touclier la situation do nos populations Bretoriiies, Et raoi, qui ai passe toute ma vie au miliiui de ces populations maritimes si sages, si patriotiqucs, si devout'ics ii la Franco, je vous deitiando aussi do leiir donner votro bienveillance et votre appui. Notn^ eminent collegue M. liozerian, nvDc son esprit quo vous avez apnrecie, avec sa baute competence des cboses de la jurisprudence et du droit international, vous a d6montre d'une ia^on irrefutable les droits que nous donnent sur les p^cberies de Terre-Neuve les divers Traites qui, dcpuis 1713 jusqu'en 1811, n'ont jamais 6t6 contest(5s. Jo ne reviendrai pas la-dessus ; vous 6tes convaincus, et le Gouvernement Anglais, s'il est de bonne foi, est ccrtainement convaincu lui-mcme. Maintenant, M. le .Ministre des Affaires fitrang^res, dans son langage toiijours dloquent, vient de vous dire qu'il soutiendrait dncrgiqucment, et de toutes les faeons possibles, les droits de la France ; il nous demande d'en 6tre persuades, nous n'en doutons pas ; mais co dont on pcut douter, c'est des rt^sultats probables de ses efforts et de la satisfaction quo Sourront nous donner les arrangements qu'il nous fait esperer. II y a longtemps, [essieurs, qu'on ndgocie et qu'on n'aboutit a rien. L'arrangement prcvisoire dont on a parle, est, h mon sens, outrageant pour la France et d<;sastreux piur nous; co sont des voleurs qui viennent nous dire : Nous resteronb chez vous juhou'ft, ce qu'il nous plaise d'en sortir ; d'ici 1ft. nous ferons ce que nous voudrous, et noMS verrons plus tard. Jo regrette beaucouj) que le Gouvernement ait accepte cc modus vivendi. C'est fait, parlous de I'avenir. Nous voulons esperer qu'on y sauvegardera les int^r^ts et la dignity de la France. On dit, dans les joumaux Anglais, que I'Angleterro est tr^s cmbarrassde et qu'elle-meme ndgocie avec le Parlement do Terre-Neuve. Quelle fin de non-recevoir ! quelle plaisanterie ! Est-ce que I'Angleterrc a besoin de ndgocier avec sa Colonic ? Est-ce qu'elle n'est pas la Souvemine de Terre-Neuve ? Tant qu'elle ne lui aura pas donne son autonomic absolue, elle doit lui imposer I'obligation de remplir les engagements qu'elle-merao a contractes. (Marques d'approbation.) Les Anglais, Messieurs, nous mettent vraiment a, de rudes epreuvcs. II serait absurde quo deux grandes nations comme la France et I'Angleterre en vinssent a un conflit s<^rieux au sujet d'une question relativcment secondaire en compamison de leurs grands inter£ts politiques et commerciaux. Les Fran9ais et les Anglais sont amis et veident rester amis ; mais, dans toute amiti^ sincere, les concessions doivent fitre r^ciproques, les sacrifices partages. Eb bienl permettez-moi de vous le dire, c'est le contraire qui arrive le plus souvent, en ce qui conceme la France et I'Angleterre. Par exemple, on parle beaucoup en ce moment — je ne veux pas introduire dans ce d^bat une question financi^re — mais on parle beaucoup d'une concession qui nous serait demand^e bien plus au profit de I'Angleterre que de I'iSgypte, et qui porterait un grand dommage ft, des int^rSts l*'i-an9ais, sans la compensation politique promise, ft, savoir, r^vacuation de I'Egypte par I'armde Anglaise; voilft encore une preuve des precedes des Anglais a notre dgard. Subirons-nous encore ce dommage, cette bumiliation? J'aime ft, esperer qu'il n'en sera pas ainsi. Quand on est amis, Messieurs, il faut, comme je le disais tout ft, I'beure, que les sacrifices soient dgalement partages. Vous savez tous I'bistoire d'Oreste et de Pylade. Dans nos rapports d'amitid avec TAngleterre, nous jouons trop souvent le r61e de Pylade. Je demande que cette situation ait un terme. Les bons comptes font les bons amis. Ce ^ue nous voulons, c'est qu'on arrive ft, un arrangement Equitable et ddfinitif, c'est-ft-dire, qu'il faut exiger, comme nous avons le droit et le devoir de le faire, la pleine execution des Traites. (Marques nombreuses d'approbation.) M. le President. — La parole est ft M. Bozdrian. M. Boze'rian. — Messieurs, m'inspirant des paroles prononcdes par M. le Ministre des Affaires Etrangferes et de sa pens^e, je viens d^poser I'ordre du jour suivant, que je soumets ft I'appr^ciation du S^nat : "Le S^nat, approuvant les declarations du Gouvernement et comptant sur sa (269] 3 I m 422 pers^vrfranco h faire respbfctfef' l^s^ droits do p/^che cortf^fds h, la Franco sur i Traltd^s conchifl avcc FAngletorr6 de 1713 h 1814, passo h I'ordro . - lo8 cAtos de Terre-Neuve par \ca du jour." (Tr68 bien I t^^9 bien !) M. le Marquis de V Angle'Beaumrtfidirl — Nous nous rftlb'ons h cot ordre du jour. M. le Miniatre dia Affaiha Siraiigeres. — Le OouTemement accopto cet ordro du jour. M. le President. — Pcrsonne no demande la parole sur I'ordre du jour ? Je le mots aux voix. (L' ordre du jour, mis aux voix, est adoptd.) Voix nornbrouses. — A I'unanimitd. ' ' M. le President. — L'ordro du jour est adoptd ^ ruhanimit^. (Applaudissements.) No. 210. Colonial Office to Foreign Office. — {Received May 24.) Sir, Downing Street, May 24, 1890. IN reply to your letter of the 12th instant, I am directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of the Proclamation issued by Sir T. Cochrane, the GoTornor of Newfoundland, on the 8th June, 1827 (not 1828, as stated in the extract from " Le Matin " which accompanied your letter). Sir T. Cochrane was absent from Newfoundland from the 12th October, 1827, to the 12th August, 1828. It will be observed that the words, " rdservde aux sujets Fran9ais," do not occur in this Proclamation. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 210. Proclamation, (L.S.) Thos. Cochuane. By his Excellency Sir Thomas John Cochrane, Knight, Governor, &c., &c. : WHEREAS complaints have been laid before me that for several years past divers ill-disposed persons employed in the British fislieries have, in their progress to the northern and Labrador fisheries, touched with their boats and schooners in several of the ports and harbours upon that part of this island commonly called the " French Shore," to which the subjects of France resort to carry on the fishery, and have there committed many outrages upon the property of the French fishermen, and in several instances have stolen various articles from tJiem, such as salt, fishing craft, &c., and also maliciously destroyed other property : -i^^S I, the Governor, do therefore forewarn all such evil-minded persons that, upon any repetition of such acts of violence, I will cause the most rigorous proceedings the law will allow to be instituted against the pferpetrators of all such outrages ; and in order the more effectually to bring them to justice, the French authorities will be instructed to apprehend, and bring to St. John's for' trial, all persons detected com- mitting such offences. Given, &c., the 8th day of June, in the eighth year of His Majesty's reign. By his Excellency's command, - ' • • (Signed) W. A. CLARKE, Secretary. 423 > Je le mots No. 211. The Marquis of Salishunj to M, Jusserand. M. le Charg(5 d'Affaircs, Foreign Office, May 29, 1890. HEH Mftjosty's Govnrnment have given thoir careful attention to M. Waddington's note of the oth ultimo, in which his Exoellcnpy defends the action of the Coinmandor of the French vessel of war " Urac " in removmg certain lobster-traps set by Hritish subjects in St. Margaret's Bay, on the Newfoundland coast. It would servo no useful purpose that I should renew on this occasion the controversy as to the respoctivt) rights of British and French flshermen to catch and preserve lobsters on that part of tlio coast to which the Treaties apply. The arguments which cither party has l)rougbt forward in support of its views have not sufliced to convince the other, and the two Governments are agreed, while socking a permanent adjustment of the difference, to treat in a spirit of compromise and mutual forbearance any questions which may arise while tlio negotiations for that adjustment arc going on. In the particular case under consideration, the delimitation of the British and French lobster fisheries, to which M. AVaddington alludes as having been proposed by tlie Commander of the French naval station, appeared to Sir B. Walker to bo so manifestly unfair to the British establishments that the latter felt himself unable to agree to it. The result, in his opinion, would have been practically to have ruined the British fishery in this locality. The claim of the French Naval Commander subsequently to enforce this delimitation without further reference to the British naval officers is not one which Her Majesty's Government can admit. Nor, according to the accounts which have been furnished to them, were the British lobster-traps which were removed intermingled with those of the French fishery so as to constitute an actual interruption. It was not until after their removal that the French traps were placed in the same spot. M. Waddington states, in justification of the action of the Commander of the " Drac," that " Des droits i-eels, tangibles, nous ont ote concedes par les Traites, nous avons la facultc d'en user en touto liberty sans interruption ni trouble. Qu'un cas de trouble ou de g6ne so produise, nul que nous est en situation do rapprecicr ; nous ne pouvons del^uer k personne un soin pareii, ni placer en mains tierces un pouvoir de limitation de nos droits, pouvoir qui (3chappcrait a notre contr61e." The doctrine laid down in these general terras seems to Her Majesty's Government to be both novel and dangerous, and I would ask whether his Excellency is prepared to admit that in cases of rights secured by Treaty to British subjects within French territorial jurisdiction Her Majesty's Government are to be regarded as tlie sole judges whether such rights are infringed, and as entitled to direct British officers to vindicate them by force against French citizens, without any reference to the French authorities. The case, however, is not one of ordinary Treaty stipulations. Tiie instrument by which the French flshermen are secured from " g6ne," or interruption, is in the form of a Declaration of the intentions of the King of England, which was accepted by a counter-Declaration of the Court of France as entirely satisfactory. It states that "His Britannic Majesty will take the most positive measures for preventing his subjects from interrupting in any manner, by their competition, the fishery of the French during the temporary exercise of it which is granted to them upon the coasts of the Island of Newfoundland." But it contains nothing whatever that implies the right of the French naval officers to carry into execution the proclaimed intentions of the English King according to their own judgment and discretion, and, by forcible measures, to exclude his subjects from any portion of the coast. Her Majesty's Government willingly recognize the general moderation and courtesy of tlic French officers who have been employed in Avatching the fisheries on the Newfoundland coast. But they arc unable to admit that those officers are invested with any authority to control the fishing operations of British subjects, and they earnestly trust that in the season now commencing the French Naval Commanders will carefully abstain from such acts of interfenmce, and will have recourse to the intervention of the British cruizors in any cases which may seem to require it. In the present excited state of popular feeling in the Colony a different course might have results which both Governments are most anxious to avoid. [2691 3 12 ) i hi ; ! 421 TIio Uritifili nnvnl oHicprs liiivc ii^sf'-mfioiis to do all iti tlioir iM)Wor for tin* protpction of KrPMcli ri>j;lits as nrojriiizi'd l>y llor MajrHty's (lovpriitnont. Tlipy will nhstniii, ns tlicy liavc always doiwi in tlu» imsf, Iroin iiitprfprpiico with tlio Frprirh flsliory. Dtid ^\^'v Majesty's (iovpniiiicnt tVcl tlial tlu'if, is notliiiij^ unrpasonalilo in lixjipctins; that uiidpr tiu'sc pircnmstanccs, l''rtMU'li oIliciTs will alistuin from attonipts to exprc'ise authority ovpr Mritish suhji-cts within Mritish ti-rritorial jurisdiction, nnd, according to j^Piicral international usaij^p, Mill appeal to ItritiMh ollleers in cnsos when? the Treaty obligations ol" (Jreat Hritiiin are involvod. I have, &.C, (Signed) SALISBURY. \o. 212. Lord Ktiiilsf'nnl to Lord Stnnlri/ nf Preston. My Lord, Doirnhu/ Street, June 2, 1890. I HAVK the honour to ncknowlcdgp the receipt of your despatch of the 28th April, inclosing copy of an approved Ucport of a Coniniittec (^f the Privy Council expressing the wish of your Government to present a remonstrance to Ilcr Majesty's Government on the restrictions which will he placed on Mritish ships owned or sailed by Her Majesty's subjects in Canada under the Newfoundland llait Act In reply, I cannot do more than refer you to my tclp'irnn) of the 8th May* in answer to yours ot the 2?th April, in which you communicated to nic the substance of the Report of your Privy Council now under acknowledgment. 1 have, &c. (Signed) KI^UTSFORD. No. 213. Lord Stanley of Preston to Lord Knutsford. — (Received at the Foreign Office, June KJ.) My Lord, Citadel, Quebec, May 31, 1890. WITH reference to my telegraphic message of the '-'8th ultimo and to your Lordship's telegram of the 8th instant, re8i>ecting the Newfoundland Pait Act, I have the honour to forward herewith a copy of an approved Alinutc of the Privy Council, submitting a Report of the Minister of Marine and Fisheries on the subject. Your Lordship will observe that a copy of this Minute will be forwarded to the High Commissioner for Canada with a view to his presenting in person the Canadian side of the case. I have, &c. (Signed) STANLEY OF PRESTON. \ ,1 5 Inclosurc 1 in No. 21.3. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, May 29, 1890. THE Committee of the Privy Council have had under consideration a despatch dated the 15th April, 1890, from the Governor of Newfoundland, on the subject of the enforcement of the Newfoundlard Bait Act against Canadian fishermen, and a telegram of the 8th May, 1890, from Lord Knutsford in connection therewith. The Committee concurring in the annexed Report of the Minister of Marine and Fishcrie.", to whom the matter was referred, advise that your Excellency be moved to forward a copy hereof to the Governor of Newfoundland, and to the Right Honourable the Secretary of State for the Colonies. The Committee further advise that a copy hereof be also forwarded to the High * Inclosure 15 in No. 207. rM owcr for tin* f. 'riioy will » tlio Frt'iu'l* reasoMiiMo in •om attcinptH Hiliution, niul, n cnsoa wlicn? LlSBUllY. tne 2, 1890. le 28th April, cil expressing: H Government Her Majesty's fay* in answer stance of tlie JTSFORD. •e, June W.) 31, 1800. >ur Lordship's le honour to iibmitting a to the High idian side of RESTON. Ixcdlency the a despatch bjcct of the a telegram Marine and e moved to Honourable the High 42S CommisHionor for Cftiinda in London, with a view to liin presenting in person the Canadian side of the case. All which is respectfully submitted for approval . (Signed) JOHN' J. MoOKK, Clerk, I'rivy Council, Inclosuro 2 in No. 213. Mr. Tupper to Lord Ulaiiley of Preslon, Ottawa, May 2(J. 1800. THE Undersigned, adverting to the despatch of Sir Terence O'Urien to your Excellency dated the 15th April, IHOO, and to the cable message of tiio 8tli May from Lord Knutsford, ha: to observe that in the year 18H() an Act was passed by the Legislature of Newfoundland entitled " An Act to llegiihite the Exportation anu Sale of Herring, Capelin, Squid, and other Bait Vishcs." This Act was in February 1887 disallowed by the Imperial authorities. On tiie 21st February, 1887, the Legislature again passed an Act entitled " An Act to Regulate the Exportation and Sale of Herring, Capelin, Squid, and other Bait Fishes." Upon the 11th April, 1887, a Minute of Council was ajjproved by his Kxcellency Lord Lansdownc, in which various objections on the part of Canada to this legislation were mentioned. In this Minute it was shown that under the Act — 1. Our fishermen upon the Grand Banks would be cut olf from their free supply of bait, cither by purchase or catch. 2. Our fislicrmen upon the coast of Tjabrador would be debarred from the privilege of free catch of herring and their hitherto untrammelled trading in herring. 3. Whatever trade was then done by Canadian vessels in herring, or bait-fishes, upon the Newfoundland coast, would be no longer left free. The Minister of Justice, to whom the Report of the Minister of Marine and Fisheries (upon which the said Minute was based) was referred, concurred in the views therein expressed, and submitted the following observations : — " It seems desirable that the attention of Her Majesty's Government should be called to some of the very unusual provisions of this Bill. The prohibition in reference to purchasing bait extends to all places on or near any part of the Colony of Newfound- land and its dependencies. This really gives no limit to the extent of the enactment capable of being defined, and, inasmuch as a violation of the provisions of the Bill is to be followed by rery heavy penalties, ho, tiie Minister of Justice, thinks that such an enactment would be cn.barrassing and oppressive in its operation. "The Bill gives extraordinary jurisdiction to Stipendiary Magistrates. The most stringent Acts against fishing by foreign vessels in other parts of North America have given such jurisdiction only to the Vice-Admiralty Courts. The Stipendiary Magistrates' Courts are inferior Tribunals, without any regular legal procedure, and presided over by persons who are not necessarily possessed of legal qualifications. " The Bill contains extraordinary inducements to persons to take up the task of prosecution. On conviction half of the fine goes to the prosecutor ; on acquittal the prosecutor is still to be rewarded ; so that encouragement is given to those who would be disposed to harass and annoy vessels from other parts of British North America by prosecutions which cannot be sustained. "It is to be observed that the appeal which is to be given from a Stipendiary Magistrate's decisions is of little advantage, as the fishing season would probably be passed and a captured vessel be rendered comparatively useless before the termination of the appeal." A remonstrance against the Royal Assent being given to the Act was accordingly forwarded to Her Majesty's Principal Secretary of State for tiie Colonies. This despatch was referred by Her Majesty's Government to Sir R. Thorburn and Sir A. Sliea, who had boon delogated by the House of Assembly of Newfoundland to make representatiims to Her Majesty's Government on the subject of this Bill. Appended to this Report are copies of their replies.* The assurance contained therein that Canadian fishermen would enjoy equal privileges with those of Newfoundland, and that there would be no restrictions on the * Sec Inclosureg 3 and 6 in Xo. 5'2. i^'H ' '1 w H I J . 426 hait supply of any British subjects, were deemed by Her Majesty's Government to offer, in the lan^ua<;c of Sir Henry Holland, Secretary of State for the Colonies, " sufficient safeguards for Canadian interests," and consequently. Sir Henry Holland went oa to say in his despatch to Lord Lansdowne, " Her Majesty's Government did not, therefore, hesitate to advise Her Majesty's assent to it." Accordingly, the following Minute of Council was, on the 11th October, 1887, approved by Ins I'iXcellency Lord Lansdowne : — " The Committee of the Privy Council have had under consideration a despatch, dated the 20th May, 1887, from Sir Henry Holland, inclosing copies of correspondence which had passed between the Cank would enable libited from the fact at ig probable, bese fishing er to enable nd thus, not nternational against this ! should not received, at >ur Bait Act st assurance 427 i\& intorferetico or hindrance wlintevcr of Canadian fishermen' contemplated. Act nccossnry frnnied so ns to confer upon Governor discretionary powers in granting licences to' sell or export bait, our only object being to prevent supply to foreign subsidized rivals. Fullest rJfilits and privileges of nil British tihhermen to take or purchase for their own use ns hitherto* enjoyed will be ninintaincd. Please communicate this information to your repri'sehta*ive or agents in London, to remove objection to our Act, and promote Royal Assent. (Signed) " Attornet-Gknebal." ^' In June 18P9, tlife Legislature of Xcwfoundlnnd passed " An Act to Amend and Oonsolidate thol.h.ws relating to the Exportation and Sale of BaitFishc*.'' This Act (June 1889) was proclaimed by his Excellency Sir Terence O'Brien, Governor of Newfoundland, the 3rd April, 18«J0. By the provisions of this Act, as stated by the Colonial Secretary of Newfoundland to Cecil Fane, I'sq., under date 15th April, 1^90, "all foreign and British vessels not behmging to this Colony which required bait from our coasts for the prosecution of the cod fishery, can only obtain it by taking out a licence at an ordinary port of entry in the form herewith, and giving bond in the sum of 1,000 dollars that the bait shall be used bond fide for the purposes for which it is obtained. " This licence is issued on payment ot a fee of 1 dollar per ton, and entitles the holder to purehaso the bnit for three weeks, but only to the extent of one barrel per ton register. " Should fresh supplies of bait be required after the expiration of three weeks, tiie vessel must re-enter at a Customs port and again take out a licence on similar terms to the first, and fo on through the fishing season. Light dues will of course be exacted as heretofore." Loud complaints have reached the Undersigned from Canadians interested in Bank fishing against this Legation, which threatens most .serious injury to a large and important portion of Canadian industry. It is represented by those engaged in the cod fishery from Nova Scotia that the edect of this heavy tax will be to destroy the Bunk fishing of that province. The returns for the last year show that of Canadian vessels engaged in the Bank fishery there were not less than 203 with a tonnage of 18,124. The total catch amounted to3j,S21,871 lbs. offish. Accordingly, on the 24th Ajtril your Excellency was i)leased to approve of a Minute n Council, recommending that a telegram bo sent to the Right Honourable the Secretary of State for the Colonies expressing the desire of your Excellency's Government that a remonstrance should be made to Her Majesty's Government on the restrictions plact'd on British ships, owned or sailed by Her ISIajesty's subjects in Canada under the Kewfouiid- land legislation, referred to. From the telegram of the etli May from the Right Honourable the Secretary of State for the Colonies to your Excellency, it appears that Lord Knutsford does not consider the Bnit Act vltrn jj're.s-, and his Lonlship supposes representations have been made direct to Newfoundland. The Undersigned has not discussed the authority oi the Legislature of Newfoundland to enact the legislation complained of, but he desires to call attention to the solemn assurance given by the Government of Newfoundland of the definite and positive character already referred to to the effect that it was not intended to enforce this Act against Canadian and British vessels, and that it would not be so enforced. It is therefore with surprise that the Undersigned now learns that the provisions of the Act are being enforced against Canadian and British vessels, as well as against those of foreign countries, and he trusts that when the attention of the present Administration of the Government of Newfoundland is called to the Agreement of its predecessors in office, that in accordance witii that understanding the provisions of the Act will no longer be enforced against British or Canadian vessels. It may not be out of place to refer to the friendly co-operation which has hitherto existed bci.wcen the Governments of Canada and JiTewfoundland in connection with their respective fishery and commercial interests. Fishing-vessels of Newfoundland are now and have always been permitted to ciyoy the inshore fisheries and port privileges of Canada in common with those of Canada, and while light dues, harbour dues, and pilotage dues are exacted by the Governmerit of Newfoundland from Canadian fishing craft, there are no corresponding taxes paid by the vessels of Newfoundland to the Dominion of Canada. Canada at present maintains, free of all charges u^on shipping, five lights and four '■\ Hi J . i ' ft i«8 fbg-sigiialg on the coast of STewfoundland, and by liberal subventions serves many ports in ^cmrfonndland by a mail and freight packet. The Bank ftshery is now in an advanced stage, and the Undersigned has the honour to recommend that the Gk>vemment of Newfoundland be directly advised that the Canadian Government confidently expect that on a reconsideration of the facts connected with this l^pslation and of the relations hitherto existing between the Dominion of Canada and that Colony, the AdministratioQ of the Newfoundland Government will be pleased to suspend the operations of the Act so fur as it affects Canadian and British vessels. The Undersigned further recommends that tlie Right Honourable the Secretary of State tor the Colonies be informed that your Excellency's advisers earnestly desire the immediate eo-operation of Her Majesty's Government in preventing serious loss and damage being inflicted upon so many of Her Majesty's subjects as are interested in the important industry of the Bank fishery. llcspcctfuUy submitted, (Signed) CHARLES H. TUPPER, Minister of Marine and Fiikeries. Inclosure 3 in No. 213. Bit A. Shea to Colonial Office, April 27, 1887. [See Inclosure 6 in No. 52.] Inclosure 4 in No. 213. Sir R. Thorbum to Colonial Office, April 27, 1897. [See Inclosure 3 in No. 62.] No. 214. Colonial Office to Foreign Office. — {Received June 16.) 0ir, Downing Street, June 14, 1890. I AM directed by Lord Enutsford to transmit to you, for the information of the Marquis of Salisbuiy, copies of telegraphic correspondence with the Covernor of Newfoundland respecting the date of Sir William Whiteway's visit to this country. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 214. Lord Knutsford to Governor Sir T. O'Brien. (Tel egrapM o.) Downing Street, June 12, 1890 3*50 P.M. SN does Session close ; when may I expect Premier Inclosure 2 in No. 214 Oovemor Sir T. O'Brien to Lord Knutsford. (Telegmphio.) (Received June 13, 1890.) W " - - SESSION closed 11th June ; Premier leaving on or about 26th June. !; T ?t:s-;.. vea many ports baa the honour vised that the 'acts connected 5 Dominion of rament will be ian and British ic Secretary of stly desire the rious loss and ereated in the 'UPPER, id Fitieries. '■ 14, 1890. tation of the Grovernor of country. IMSTON. 3-50 P.M. 3, 1890.)