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 EEPOET OF THE COUNCIL /^ « , 
 
 T« 1 
 
 OF THE 
 
 
 # 
 
 |l0pl €M\A %miMi 
 
 ON THB 
 
 NEWFOUNDLAND FISHERY QUESTION. 
 
 NOVEMBER, 1875. 
 
 XJNWIN BROTHEES, PEINTEES, 109A, CANNON STEEET; 
 
 AOT) AT CHILWORTH, SURREY. 
 1876. 
 
 A 
 
4 
 
INTRODUCTION 
 
 
 t 
 
 J ' 
 
 W 
 
 '■ 
 
 i 
 
 His Grace the Duke op Manchester, the President of the 
 Eoyal Colonial Institute, having called the attention of the 
 Council to the subject of the Fisheries of Newfoundland, they 
 appointed a Committee, in the month of March last, for the 
 purpose of collecting information, and drawing up a lieport 
 upon this important Imperial question. 
 
 Having occupied much time in preliminary researches into 
 the past history of the question, and collected a variety of im- 
 portant documents, bearing upon the subject, the Committee 
 have agreed to the following Report, setting forth all the facts 
 of interest and importance relating to it. 
 
 They have to acknowledge the valuable information they 
 received in the course of its preparation from the Hon, 
 F. B. T. Carter, the Premier of Newfoundland, during his 
 recent visit to England, as well as the assistance rendered 
 by the Hon. C. F. Bennett, and Mr. E. J. Pinsent, the late 
 Solicitor-General of Newfoundland. 
 
 The Council have accepted the Report of the Committee, and 
 now present it to the Fellows of the Royal Colonial Institute 
 They cannot doubt that it will be read with the deepest atten- 
 tion, containing, as it does, in their judgment, a complete, 
 succinct, impartial, and exhaustive exposition of the facts of a 
 question of most vital importance to the interests, not only of 
 the inhabitants of Newfoundland, but of the whole British 
 Empire. ^ _ __. 
 
 From this Report it will be seen — 
 
 1. That the French have only been allowed certain rights 
 
 in 
 
 ^^ 9/x 
 
iy 
 
 Introduction. 
 
 of fishing in the waters of Newfoundland concurrently with 
 British subjects, and not to the exclusion of the latter. 
 
 2. That the French have only a right to occupy temporarily 
 portions of the shore for fishing and for drying fish, and 
 that they may occupy no more of the shore than is requisite 
 for such purpose, nor for any time beyond the fishing 
 season, the right of occupation ceasing at the end of each 
 season. 
 
 3. That the concurrent right of fishing was limited to the 
 sea, at distances from the shore, varying at different periods, 
 for the purpose of taking codfish. . 
 
 4. That British fishermen are not prohibited from using, 
 nor have the French any exclusive right of using, any engines 
 or machines for taking fish. 
 
 5. That the French have no right to take fish of any de- 
 scription in the estuaries or rivers of Newfoundland, whether 
 on the so-called " French Shore " or elsewhere. 
 
 6. That no judicatory rights are conferred on the French 
 by the Treaties, and therefore the interference exercised by 
 their cruisers in disputes between subjects of the two nations 
 is unjustifiable. 
 
 7. That there is nothing in any of the Treaties to justify 
 the assertion of a right to exclude British subjects from occu- 
 pying and settling on the land on that part of the coast called 
 the " French Shore," between Cape St. John and Cape Kay. 
 Such a claim, in fact, affects the right of sovereignty in New- 
 foundland. 
 
 FREDEEICK YOUNG, 
 
 Honorary Secretary. 
 
 London, November, 1875. 
 
■'■ ■■.,, !■ ■■^■' ■■■=",»'.. 
 
 ^ *'-': . *.- .^v 
 
 EEPOET 
 
 ON THB 
 
 I NEWFOUNDLAND FISHERY QUESTION. 
 
 The Committee appointed by the Council of the Royal Colonial 
 Institute to investigate the French claims respecting the Newfoundland 
 Fisheries have agreed to the following Report. 
 
 The claims now put forward by France upon the coast of Newfound- 
 land, and virtually enforced by her squadron there, may be resolved 
 into two classes : 
 
 (I.) 
 
 A claim to the exclusive right of fishery on that part of the coast ex- 
 tending from Cape St. John to Cape Ray, a distance including about 
 one half of the entire coast of Newfoundland, to which the Treaty of 
 Paris (1763) only gave her a concurrent right. 
 
 (11.) 
 A claim to prevent the British inhabitants of Newfoundland from 
 any occupation of land, situated within such limits, for mining, agricul 
 tural, or other purposes ; in fact, a claim to virtual territorial sovereignty 
 of the same. 
 
 From a strict investigation of the whole question in regard to both 
 these claims it appears — 
 
 First,— That the following list embraces the whole of the Treaties, 
 Declarations, Acts of Parliament, Conventions, and Decrees, evermade and 
 entered into by Great Britain with France in relation to the Newfound- 
 land fisheries, viz. : — i 
 
 Treaty of Utrecht 11th April, 1713. 
 
 Treaty of Paris 10th February, 1763. 
 
 Treaty of Versailles 8rd September, 1783. 
 
 British Declaration 8rd September, 1783. 
 
 • Expired with Treaty of 1783, which was annulled by war, 1793. 
 
 ^ * The annotations of Treaties,&c., are given as they appear in the collection of 
 jilr. Hertslett, Librarian, Foreign Office. 
 
Repoit on the Newfoundland Fishery Question. 
 
 Act of Parliament, 28 Geo. III. c. 8C 1788. 
 
 Bjwpirod with Treaty, 1783, which was annulled by war, 1793. 
 
 Treaty of Amiens, Art. 15 1802, 
 
 Merely confirms Treaty of Yersailloa. 
 
 Definitive Treaty of Peace, Art. 18 80th May, 1814. 
 
 Confirmed by Art. 11, of the Definitive Treaty of 20th November, 1815. 
 
 Act of Parliament, 5 Geo. IV., o. 61 1824. 
 
 Ejcplred Slat December, 183 i ; see Act 2 & 3 Wm. IV. o. 79. 
 
 Convention 4th April, 1857. 
 
 Not confirmed by Local Government of Newfoundland. 
 
 Decree (France) 4th April, 1857. 
 
 Belates to the above Convention. 
 
 Act of Parliament, G.B. 2 & 3 Wm. IV. c. 79 1832. 
 
 Expired Slst December, 1834. 
 
 So that in the history of British Imperial legislation in connection 
 with France in reference to the Newfoundland fisheries, there are now 
 only in force — 
 
 1. Treaty of Utrecht ... 1718. 
 
 2. Treaty of Paris 1763. 
 
 8. Treaty of Versailles 1783. 
 
 4. Definitive Treaty of Peace, Art. XIII. 1814. 
 
 and as all these are very brief we propose to give them in their order. 
 
 (1) 
 
 Tbeaty op Uteecht. 
 
 " Treaty of peace and friendship between Great Britain and France, 
 signed at Utrecht, 11th April, 1718. 
 
 Extract (Translation). 
 
 "XIII.* The Island called Newfoundland, with the adjacent Is- 
 lands, shall, from this time forward, belong of right wholly to Great 
 Britain; and to that end the town and fortress of Placentia, and what- 
 ever 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 Chrutian King, his 
 heirs, and successors, or any of their subjects, at any time hereafter lay 
 
 * Kenowed by Art. V. of the Treaty of Paris, 1763. 
 
Report on the Newfoundland Fishcinj Question. 
 
 claim to any riijhtto the&avl Islcnd and hlands, or to any part of it or 
 them. 
 
 " Moreover it shall not be lawfal 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 necesaary 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, tohich 
 stretches from the place called Bonaviata 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 Riohe.* But the Island called Cape 
 Breton, and also all others, both in the mouth of the river St. Law- 
 rence, and in the gnlf of tue same name, shall 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. 
 
 "Done at Utrecht, the llth April, 1718. 
 
 "(Signed) 
 " John Beistol, C.P. (L.S.) 
 " Stratford (L.S.) 
 
 (2) 
 Treaty of Paris. 
 •' Definitive Treaty between Great Britain and France (and Spain), 
 signed at Paris, the 10th February, 1763. 
 
 Extract (Translation). • 
 
 " V.f The subjects of France shall have the liberty of fishing and 
 drying on a part of the coasts of the Island of Newfoundland, such as 
 it is specified in Article Xtll. 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 Gulf of St. Lawrence). And His Britannic 
 Majesty consents to leave to the subjects of the Most Christian King 
 the liberty of fishing in the G ulf of St. Lawrence, on condition that the 
 subjects of France do not exercise the said fishery but at the dis- 
 tance of three 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 coasts of the Island of Cape Breton out of the said Gulf, the 
 subjects of the Most Christian King shall not bo permitted f o exer- 
 
 HUXELLES (L.S.) 
 Mesnaoer (L.S.)." 
 
 * These boundaries are altered by the Treaty of 1783. 
 t Eenewed by Art. VI. of the Treaty of Versailles, 1783. 
 
'f 1 
 
 6 Report on the Newfoundland Fithery Question. 
 
 ciso the said fishery bat at the distance of fiftoen leagues from 
 the coasts of the Island of Capo Breton ; and the fishery on the coasts 
 of Nova Scotia or Acadia, ond everywhere else oat of the said Gulf, 
 shall remain on the footing of former Treaties. 
 
 •» VI. The King of Great Britain cedes the tplands of St. Pierre 
 and Miquclon in full right to His Most Christian Majesty, to serve as 
 a shelter to the French fishermen ; nnd his siiid Most Christian Majesty 
 engages not to fortify the said Islands ; to erect uo 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. 
 
 «' Done at Paris, the 10th February, 17C3. 
 
 '« (Signed) Ciioiseul, Duo i>b Prasun (L.S,JI 
 
 "Bedford, C.P.S. (L.S.) El. Mabq. Db Grimaldi (L.S.)" 
 
 (8) 
 Treaty of VERSATiiLES. 
 
 " Definitive Treaty between Great Britain and France. Signed at 
 Versoilles, 8rd September, 1788.-'' 
 
 Extract (Translation as laid before Parliament). 
 
 " IV. 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 Thirteenth Article of the Treaty of 
 Utrecht ; excepting the Islands of St. Pierre and Miquelon, which are 
 ceded in full right, by the present Treaty, to His Most Christian 
 Majesty. 
 
 •' V. His Majesty the Most Christian King, in order to prevent the 
 quarrels 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, on the eastern coast of Newfound- 
 land, in fifty degrees 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 
 Baye, situated in forty-seven degrees fifty minutes latitude. The French 
 fiahenncn shall enjoy the fishery ivhich is assigned to them by the present 
 Article, as they had the right to enjoy that which was assigned to them 
 by the Treaty of Utrecht. 
 
 * lleuowed .>y Art. XIXI, of the Definitive Treaty of Peace, 1814. 
 
Report on the Newfoundland Fishery Quettion. # 
 
 '« VI. With regard to tho fishery in the Golf of St. Lawrence, Ibo 
 French Hhall coutiuao to exercise it confoMnably to the Fifth Article 
 of the Treaty of Paris. 
 
 •• Done at Vorsaillos, the 8rd of September, 1788. 
 "(Signed) 
 
 " MANCHrjsTER (L.S.). Gravieii de Veroennes (L.S.)," 
 
 ■ (4) '■ ■■■• •■ 
 
 " Article XIII. of the Doflnitive Treaty of Peace, 1814. 
 '* Definitive Treaty between Groat Britain and France. Signed at 
 
 Paris, the 80th May, 1814.^= 
 
 " XIII. The French right of fishing upon the Groat Bank of New- 
 
 fonndland, upon the coasts of tho Island of that name, and of the 
 
 adjacent Islands in the Gulf of St. Lawrence, shall be replaced upon 
 
 tho footing in which it stood in 1702." 
 
 The Articles of these four Treaties are now the sole ba&is on which 
 France can found any legal ground to fishery rights on tho coast of 
 Newfoundland. 
 
 Now, what are those rights, as so curtly and graphically therein set 
 forth ? 
 
 The Article XIII. of the Definitive Treaty of Peace of 1814 states, 
 that it (the right of fishiiig upon the coasts of Nt ./foundland) "shall 
 be replaiod upon the footing in which it stood in 1792 " — that is, on 
 the footing, it derived under the three Treaties of Utrecht, Paris, and 
 Veraailles. It can stand upon no other, /or no other now exiuls; and if 
 any others ever have existed, giving any greater exten^iion oi privileges, 
 they have erpired or been annulled. 
 
 Firstly, — The last Treaty of Versailles, prior to 1792, after merely 
 changing the locality of the previous right, states with regard to 
 it : " The French fishermen shall enjoy the fishery riyht which is as- 
 siyned to them by the present Article, as they had the riyht to enjoy that 
 which ivas assiyned to them by the Treaty of Utrecht.'' Passing over 
 the Treaty of Paris (1768), which restricts and binds the rights of 
 French fishermen upon the coasts of Newfoundland to a far greater 
 extent than is now sought to be enforced against them, the language 
 of Article XIII. of the Treaty of Utrecht is not only sufficiently 
 plain to show that there never was any intention to give the French 
 the sole and exclusive right of fishing upon any part of the coast, aa 
 will appear from the words themselves, viz.: " It shall be alloived to the 
 subjects of France, to catch fish, and to dry them on land, in that part 
 
 * Confirmed by Art. XI. of the Definitive Treaty of 28th November, 1815, 
 
10 
 
 Repoi't on the Newfoundland Fishery Question. 
 
 I 
 
 ; If 
 
 ; !i 
 
 only, and in no other besides, that, of the said Island of Newfoundland, 
 which stretches,^' &c., bnt oven goes so far as to state as if, from the fear 
 that Each a sole and exulnsive right might be claimed, " nor shall 
 the Mo9t Christian King, his heirs and successors, or any of their »>.ib- 
 jects, at any time hereafter lay claim *o any right to the said Island and 
 Islands, or to any part of it for them.'' 
 
 Therein an exclusive or sovereign right to any port was distinctly 
 and expressly ignored and forbidden, whUe granting to the French only 
 a certain limited and permissive right to catch and dry fish. 
 
 Secondly, — It appears that custom has never given to the French 
 any soL^ or exclusive right of fishing upon a certain portion of the coast 
 of Newfoundland. On the contrary, in practice the British there have 
 ever exercised concurrent rights of fishing with the French. 
 
 Persistent in their exertions to obtain concessions from the British 
 Government, the French have construed the desire of England 
 for peace, as giving them a right which we contend has no legal 
 basis. By the bare fact of usurpation they are now claiming, and to a 
 certain extent exercising, a sovereign right over portions of an English 
 Colony which is totally incompatible with the dignity of tne British nation. 
 
 Among the best works upon that Colony, is a " History of its Govern- 
 ment, &c.," by John Reeves^ Esq., a former Chief Justice of Newfound- 
 land, published in Lcudun, 1793 ; and to show bow early after the 
 peace of Utrecht the French commenced their aggressive measures upon 
 the coast, and how steadfastly their unwarrantable claims have been 
 opposed, it is only necessary to refer to Mr. Reeves's book. 
 
 In Part II. page 53, Mr Reeves states : " At the peace of Utrecht 
 we were put into possession of Newfoundland in a way we had not 
 enjoyed it before for some years. Placentia, and all the parts occupied 
 by the French, were now ceded to the King of Great Britain, in full 
 sovereignty j the French retaining nothing viori than a liceme to come 
 and go during the fishing season." 
 
 Again, page 55 : " It had become a doubt whether that prtrt of the 
 Island, lately ceded by the French, was subject to the provisions of 
 Stat. 10 and 11 Will. III." (a Statute passed in the year 1698, intituled, 
 "An Act to encourage the trade to Newfoundland ") ** the point was 
 brought forward in consequence of the Lieutenant-Governor of the 
 garrison at Placentia, and some of the French planters having, on 
 leaving the place, disposed of their plantations for money, and in this 
 manner attempted to convey a right of property, &c. This natter was 
 brought before the Board of Trade, and their lordships were of opinion 
 that Stat. 10 and 11 Will. III. extended to the ceded lands, and that all 
 th^ beaches and plantations there ought to be left to the public use, and 
 be disposed of as directed by that Act ; " thus showing how strong 
 
!t«« 
 
 Report on the Newfoundland Fishery Question. 11 
 
 the right was agaiast any exclusive claim, and how clearly the puhlic 
 righi; to nse every portion of the coast of Newfoundland was recognised. 
 
 The same author continues, page 59 : " The parts that had been 
 surrendered by the French occasioned in various ways great cortest 
 and discontent. We have before seen that it was the opinion of the 
 Board that those parts all fell under the regulatiom of Stat. 10 and 11 
 Will. III. ; and this ^cal. confirmed by the opinion of the law officers." 
 And as further showing that concurrent rights were then exercised by 
 the British with the French, Mr. Beeves (page 92) states it to be a 
 matter of serious complaint on. the part of the merchants of Newfound- 
 land (1798) " that the French parts were not so open for fishing-ships to 
 get room as they should be." 
 
 The interests of Newfoundland seem to have been sadly neglected by 
 the Imperial Government, whereas, from the importance of its fisheries 
 as a nursery and training- school for British seamen, that Colony has 
 probably contributed more than any other of the same population to 
 the maritime strength and renown of England. 
 
 In a debate in the House of Commons, March 25th, 1828, Dr. Lush- 
 ington said : " There never had been a ColoDy so neglected as that of 
 Newfoundland :" and iu a subsequent debate, April, 1829, on the 
 Newfoundland Fisheries, Mr. Eobinson stated : " The truth was that 
 up to the present time the interests of the inhabitants of Newfoundland 
 had given way to the interests of private individuals in this country." 
 
 It seems unfair that such a hardy and gallant race should have to 
 struggle not only with the unjust discrimination of bounties paid by the 
 French and other foreign Governments, but also with the keenly 
 felt neglect of the mother country, to whom they naturally turn for 
 protection in those rights which by solemn Treaties she has assured 
 them. . - 
 
 ; Anspach's " History of Newfoundland," published, London, 1827, 
 contains much valuable information relative to the Island and its Fisher- 
 ies ; but nowhere is the subject of the French concessions treated as 
 the absolute grant of a sole and exclusive right ; indeed, had it been so 
 then considered, the inhabitants of Newfoundland would have taken up 
 arms at once to resist the claim ; and Mr, Anspach throughout his able 
 history speaks of the fish-trade to Newfoundland being allowed to 
 France " under re»trictions," and of the strong feoliag against its being 
 BO allowed even " under restrictions." 
 
 A subsequent history of Newfoundland by the Rev. Charles Pedley, 
 published, London, 1863, deals minutely and conclusively with the 
 French claims to an exclusive right of fishery on any portion of the coast, 
 as unfounded in law and unsanctioned by treaty- The opinions of Mr. 
 Pedley are of great value from his residence in Newfoundland, and his 
 
12 Report on, the Newfoundland Fishery Question. 
 
 laborions researches into the Ancient Records of the Colony since 1764, 
 placed at his disposal by Governor Bannerman. On page 48 Mr. 
 Pedley states : ** By the Treaty of Utrecht, Great Britain was solemnly 
 confirmed in the exclasive sovereignty of the entire territory ; but the 
 French were recognised as having the right of fishing concurrently with 
 the English along certain portions of the shore." 
 
 On page 105, speaking of Sir Hugh Palliser, the Governor of New- 
 foundland in 1764, as sent to devise and carry out the local rules neces- 
 sary to give eflfect to the Definitive Treaty of Paris, •' by establishing 
 on a practical basis the intercourse bet'<veen the subjects of two rival 
 nations having a concurrent right of fishing on the same coast," Mr. 
 Pedley states : " The instructions from the Governor were careful to 
 show that within those boundaries the French had no sr.perior rights or 
 privileges over the British fishermen; " and he quotes a portion of such 
 rules issued by Governor Palliser (June 19th, 1764), for the guidance 
 of the commanders of King's ships, Admirals, &c., ap follows : *' to take 
 the most exact and pai Licular care that the said subjects of France be 
 permitted and allowed in common with the King's subjects, to choose 
 their stations there during the fishery season." 
 
 The Act of 28 Geo. III. cap 35, which expired with the Treaty of 
 1783, was regarded by the authorities of France as having enlarged 
 their former privileges, and as having conferred on them an exclusive 
 right over the coasts and waters in question. Mr. Pedley states ths 
 (page 158) " to be a conclusion which has always been successfully 
 resisted by those entrusted with the charge of the British fisheries." 
 The reason for its being found necessary to pass the Act referred to 
 clearly appears in the 5th Clause of the Joint Address to Her Majesty 
 of the Legislative Council and House of Assembly of Newfoundland, 
 dated the 24th of April, 1872.- 
 
 The despatch No. t)7 of Governor Hamiltin, to his Grace the Duke 
 of Newcastle, dated 28th September, 1853, goes into the whole question, 
 and is a most excellent argumentative paper in defence of British rights 
 in Newfoundland. Upon this point Governor Hamilton states : — 
 
 * • Under that Treaty (Utrecht) the fishery was always concurrent. The 
 mode in which that fishery has been carried on concurrently by the two 
 nations is clearly evinced by the proclamations of Governors Palliser,t 
 Shuham,]: and Dufi',§ set out in the printed papers accompanying your 
 Grace's despatch," 
 
 Governor Darling, also, in the enclosure with his despatch to Mr. 
 Labouchere, No. 66, July 23rd, 1856, states : — 
 
 --■#fe 
 
 • See Appendix, page 30, t Palliser, 19tli June, 1764 ; 27th July, 1765. 
 X Shuham, 24th June, 1772 ; 27th July, 1773. § Duflf, 7th July, 1776- 
 
Report on the Newfoundland Fishery Question. 13 
 
 « Several proclamations of the Governors of Newfoundland, between 
 the years 17C3 and 1783, warniug British subjects against improper 
 interference with the French in the exercise of their rights, advert to 
 these rights as rights ' in common ' or * concurrent ' rights with those 
 of British subjects ; " end he also mentions the names of Governors 
 Falliser, Shnham, and Duff. 
 
 Lord Stanley, then Colonial Secretary, in his despatch to Governor 
 Sir John Harvey, No. 104, 29th July, 1843, acknowledges the concur- 
 rent rights of British subjects. The following is a portion of his lord* 
 ship's despatch : — .*■ \ 
 
 • '« Sir, — I have the bono or to acknowledge the receipt of your des- 
 patch of the 11th of last No^; ember, relative to the claim of the French 
 to the exclusive right of fishing on those parts of the Island of New- 
 foundland, on which a right of fishing for, and curing cod, has been con- 
 ceded to French subject3 by treaty. 
 
 " Having referred this despatch for the consideration of the Earl of 
 Aberdeen, I have received two letters in answer, dated 28th of February, 
 and the 19th of this month, which convey his lordship's opinion, that 
 Great Britain is bound to permit the subjects of France to fish during 
 the season, in the districts .specified by the Treaty and Declaration of 
 1783, free from any inteiTuption on the part of British subjects ; but if 
 there be room in these districts foi the fishermen of both nations to fish, 
 without interfering with each other, this country is not bound to prevent 
 her subjects from fishing there." 
 
 Had Lords Aberdeen and Stanley understood the French to possess 
 the exclmive right of fishing on the coast referred to, no question 
 as to ** room " could give the British any right to fish there ; but 
 the principle is the same in fishing as in the erection of fishing estab- 
 lishments, neither must be done so as to interrupt the French, and if 
 80 proved on complaint to have been done, both must be removed by the 
 British Government or authorities, but not by the French ; for the 
 Declaration states : — 
 
 ."For this purpose," namely, to prevent British subjects fi'om in- 
 terrupting the fishery of the French, "His Britannic Majesty will 
 cause the fixed settlements which shall be formed to be removed." 
 The provision which secured the French fishermen from interruption, 
 was not intended to limit the natural right of fishing possessed by 
 British subjects. The object was merely to prevent them from depriving 
 the French of the concurrent right of fishing ceded to them by treaty. 
 
 Now it must Jirst, under the Declaration on which the French base 
 the claim to an exclusive right, be proved to the satisfaction of His 
 Britannic Majesty that such fishery of British subjects and the fixed 
 settlements which they may form there (where the French are allowed 
 
14 Report on the Newfoundland Fishery Question. 
 
 to fish) do interrupt the French fishery, before they can be removed, and 
 then, His Britannic Majesty, or the British authority, not the French, 
 is the only power entitled to remove them. But the French now 
 usurp a territorial sovereignty on the soil of a British Colony, take the 
 law into their own hands, and destroy British property. 
 
 This system cannot last much longer. It is the British, not the French, 
 who have cause to complain of violation of their rights. The Assem- 
 bly of Newfoundland is overwhelmed with petitions from poor fisher- 
 men who have had their sole property destroyed by the unwarrantable 
 action of the French cruisers, to which the reports of British naval 
 officers bear testimony. Among others, those of Captain Hoskins, of 
 H.M.S. Eclipse, and of Commander Knowles, of H. M.S. Lapwing, may 
 be found in the Newfoundland •' Journal of Assembly " for 1878, pages 
 708 to 739. 
 
 Commander Knowles writes : — ^ * ^ 
 
 " The French prohibit the English the use of cod seines, salmon, and 
 herring nets, and bultows (all of which engines they themselves use) ; 
 the English are therefore restricted to the use of the hook and line and 
 jigger alone. 
 
 ** During my second cruise in September, 1872, I found that the 
 French naval officers were taking more active measures to prevent the 
 inhabitants encroaching on their rights, having made several seizures of 
 nets, and cutting moorings, &c.," of English vessels, " even in places 
 where their own people were not actually Jishing." 
 
 Captain Hoskins reports (page 738) under date October 9th, 1872 : — 
 
 " In the earlier part of my report I have alluded to the good sense 
 and good feeling usually shown by the French naval officers charged 
 with the protection of their fisheries in dealing with our people settled 
 on the French shore, and their readiness to meet us half way in pre- 
 venting the unparalleled state of affairs created there by the treaties, 
 firom resulting in national animosities and acts of violence. 
 
 " I must regret that the commander of the Diamant has thought fit 
 to depart from this wise course, and to make a raid on the nets of our 
 fishermen throughout, as far as I can learn, the whole of the French 
 shore, without asking for the intervention of one of our vessels, and 
 without (in many cases certainly) any warning or notice having been 
 given to the sufferers. 
 
 " Each such departure from the conciliatoiy policy hitherto pursued 
 must accelerate the inevitable crisis, and if, as appears probable, the 
 French having put a construction on the treaties at variance with the 
 wording, and entirely in their own favour, are preparing to enforce their 
 claims in their own way and without consulting us, that crisis cannot be 
 far ofiV 
 
 * 
 
 I 
 
Report on the Newfoundland Fishery Question. 15 
 
 I, and 
 rench, 
 now 
 ke the 
 
 rench, 
 A-Bsem- 
 fisher- 
 antable 
 naval 
 kins, of 
 ng, may 
 ), pages 
 
 Don, and 
 
 ■es use) ; 
 line and 
 
 that the 
 Bvent the 
 eizures of 
 
 in places 
 
 , 1872 :— 
 ood sense 
 rs charged 
 iple settled 
 vay in pre- 
 le treaties, 
 
 thought fit 
 aets of onr 
 the French 
 vessels, and 
 laving been 
 
 jrto pursued 
 robable, the 
 ice with the 
 enforce their 
 sis cannot be 
 
 It seems to be a most anomalous state of things that the citizens of 
 the United States should fish on that coast without interruption from 
 the French, and that the natives of the soil should alone be exposed to 
 such high-handed treatment aad precluded from the exercise of their 
 natural rights. 
 
 Before closing this division of the report, it would be well to call 
 attention in & special manner to the fact that the Treaty of Utrecht 
 gave to the French a concurrent right only of fishing at the islands of 
 St, Pierre and Miquelon ; that subsequently those islands were con- 
 veyed in fall right to the French, subject to conditions. Now if it had 
 been intended to convey to them an exclusive right of fishing on the whole 
 of the so-called French shore, suitable language would undoubtedly 
 at that time have been used to convey such meaning. 
 
 Thirdly, — It is strong evidence in favour of the right of the British to 
 enjoy with the French the fisheries in Newfoundland, that a continuous 
 struggle has been made to resist the exclusive claims of the latter ever 
 since they were put forth ; and we now propose to devote a portion of the 
 remainder of this report to a brief history of such struggles as shown 
 by the Parliamentary debates, first premising that it is mostly 
 due to the laxity of tha British Imperial Government in not enforcing 
 its treaty stipulations with France, that the latter has been em- 
 boldened step by step to put forth unjustifiable pretensions, until 
 she has reached the length of assuming virtual sovereignty over 
 British soil. 
 
 In the House of Commons June 5th, 1884, Mr. George Bobinson 
 directed attention to the question " whether France by the terms of the 
 Treaty of Utrecht (for no others were important) had an exclusive right 
 to that fishery, or only in participation with this country ; " adding in 
 the course of his speech, " For his part, he was convinced that there 
 was not a word in the treaties which conveyed to France the exclusive 
 right of fishing on the coast in question. Not only had they no right 
 of exclusive possession of the fishery, but the French were prohibited 
 from remaining permanently on the coast; and it was provided that 
 they should go from France to the fishery, and at the end of the season 
 return to France. On what grounds, therefore, the assumption rested 
 
 he did not know." 
 
 On behalf of the Government, Mr. Poulett Thomson (afterwards 
 Lord Sydenham) replied : — 
 
 "The House was probably aware that this subject had been under 
 the consideration of successive Governments in this country since 
 1783 .... and he recommended the hon. member (Mr. Robinson) to 
 withdraw his motion, assuring him that attention should be paid 
 to it." 
 
jg Report on *« W«»-' 
 
 "J'*'°t May 1885, ^■^''Tl^^T^^^nent fishery 'l^^. 
 
 Again, in "**J, * - nrltisli subjects lo » *< French snore, 
 
 ,dt'« to tie »8"«;J.f„^ia, eo^monly "^^'^^^ cl-truction put 
 
 p„l of tho coast ot New ^^^^.^^ „„^ ° V V,»noe in 181»' »"*' 
 
 Usta^^'^VTttobotwVEBgtaa a«4 J'»°j ^^e Qoveru- 
 
 tW»»l?»«7;™„ertothepo»o»8J"g»8e4' „d ho 
 
 »\;ter retotatiou «»^»^^rS>o „j.^. tl.on^^»^1.p„togto,J, 
 Iteh ot Mt. James °'»™„LffightHoi.omaUo8JJon ^ j„ ,,e 
 
 Colomal Secre^ f 8^!t'j„^i of AssemMj. of N 
 found (page W^) ' ^^ .pUy states •.-- 
 
 18". , „f *ata6»P»tel>'*-^ !,?.tloji*lstfoAidd»>g»« 
 
 1„ Seotto i «{*»»» declaration m 'P^'^^&l or to inj»« t^' 
 .. The vetj termB f i^^" ^ ^^^ '"'"''''"r'nd the «holo ciMS- 
 
 Government to ine 
 
Report on the Neiofoundland Fishery Question. 17 
 
 of 
 jm 
 
 [Wy 
 
 tion 
 that 
 >re; 
 a put 
 and, 
 jvern- 
 as to 
 md lie 
 BritiBh 
 aonctii- 
 He pto- 
 Frencb 
 te&nitely 
 elves tbe 
 , had no 
 ecbt, and 
 
 ay defiiute 
 
 an excln- 
 jlatation— 
 
 c of 1'7P5- 
 a ^itb the 
 eat Britain 
 till in force, 
 
 an the defl- 
 
 theGo^e"^' 
 pacldngton, 
 
 2, and to be 
 foundland for 
 
 states :— 
 I forbidding t^e 
 
 to injure the 
 ^te^boleqties- 
 ,epattofot« 
 
 the Trea*^ of 
 
 1818, of tbe same rights which had been conceded to the French in 
 that of 1783." 
 
 But for conclusive proof of the utter invalidity of these French claims, 
 we come to a period ia their discussion under an authority which ought 
 to settle the question. We refer to the note of Lord Palmerston, 
 July 10th, 1888, to Count Sebastiani, the French Ambassador, of which 
 the following extract is copied from the '* Journal of Assembly," of 
 Newfoundland, for 1857. His Lordship says : — 
 
 " I now proceed to answer that part of your Excellency's note which 
 relates to the conflicting opinions that are entertained as to the true in- 
 terpretation of the Declaration annexed to the Treaty of September 3rd, 
 1783. and in which your Excellency urges the British Government to 
 disavow the claim of the British subjects to a right of fishery upon the 
 coasts in question " (Newfoundland) " concurrent with the rights of. the 
 subjects of France. 
 
 *' And in the first place, I 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 Government are not 
 prepared, according to the view which they at present take of the 
 matter, to concede the point in question. 
 
 " The nght of fishery on the coast of Newfoundland was assigned to 
 [French subjects by the King of Great Britain in the Treaty of Peace 
 ^!of 1783, to be enjoyed by them by the Treaty of Utrecht. 
 
 But the right assigned to French subjects by the Treaty of Utrecht 
 fwas ' to catch fish and to dry them on land,' within the district described 
 '%x the said Treaty, subject to the condition not ' to erect any buildings ' 
 iipon the island ' besides stages made of boards, and huts necessary 
 id usual for drying of fish,' and not to " resort to the said island 
 Byond the time necessary for fishing and drying of fish.' 
 
 " A Declaration annexed to the Treaty of 1783, by which the right 
 
 signed to French subjects was renewed, contains an engagement that 
 in order that the fishermen of the two nations may not give a cause 
 ||r daily quarrels, His Britannic Mt^esty would take the most positive 
 l^Basures for preventing his subjects from interrupting, in any manner, 
 1^ their competition, the fishery of the French during the temporary 
 4|ttrcise of it, which was granted to them,' and that His Majesty would 
 
'\ 
 
 n 
 
 \ 
 
 .. A counter declaration states ^^^^^ ^^,. ^ ^^ 
 
 .. In order, therefore, *« «° ^^ with reference to ws ^^^ 
 
 , aetually .tood m 1792. ^^j , Ta* emment now de- 
 
 order to eUow * J^Xation ot 1783, « *« ^^ Ded«'»"»'' '"' 
 
 «" *°f"\T:lDe^. »«»»»"'•'' *Ti!rfes must have been 
 „a, gben to that Declara ^j j^, y^Hies ^^^^ 
 
 framed ; and when the «»' .^.j {„, this pntpo'e t" PtoT 4 
 
 U known. Y»« ^; ^ot 1,88, French -^-^^^tZ off the 
 tie conctoon f^^'J ^^i,^ right to cateh fi^^^j,,^ j »joyment 
 upon enjoyment of an e^ ._^ ^^^ ' ,°rf o,e war in 1792. 
 
 eLt in qnestion ; «»4^:i;,/the eommeneement of *» « ^^^ .^^..i 
 of the exerc«e "t «^8 ia, been produced- ^ ^^^^^^j 
 But no evidence to sucb « contended hj ^f j^^t 
 
 !:er^dby r^^XTl^Z ;« E«e«-y ^-^>J «^_ :„ ^^ 
 in his note of 183i, x ^ ^king oat of the wa ^^^^ 
 
 Vrench subjects --> ^^^^^^^^ ; and. xnoreoveM ^^ ^ ,^, 
 .Bjoyment of snch an e^^ ^^^^^.^ ^r aamitted hy ^ 
 
 that such right ^vas c^*^!^®^ ^ ^, ^t the peace of 18U. ^ 
 
 tmmatlon of the .- in 180 , o^^^^^^ ^^ ^t^lTcoL^^" - the 
 «. It is true that the pnv" 8 privUege ^*^^°f /° ,, ^ purpose 
 
 ,,0 tat, and !>-— .t^; of'*-— t^r^lSTn- 
 poriodioal nse »« » I"' "i, ractice been treated bj the B ^^^ 
 
 'of ary»g*^^2t l^btLring the ^'l^f 't::; H wonld scarcel, 
 ,„ent as an ^J-^^'^^^ from the natar. f^'l^^ a., ,^. part of 
 limits P«»°">'°* '-Sshermen to dry their flsb np™ y^^ j^m- 
 
 "» !»'* '^ ftX' h fishem- r«J°''V^t^„-. »* «•*""' 
 0,8 shore with the ire j^^ j^, »""^? ™„«nt has never 
 
 P»»^ rX^P-t-rs' But tije Bn«*^f :^ra^p,i,e the 
 French cod-fisnery , » 
 
Report on the New/uundland Fishery Question, 19 
 
 ght • oi 
 whicb it 
 
 Ical f*ctB. 
 ?83; ^^ 
 
 sessary, tn 
 it now 4e- 
 ition ^tic^ 
 aration was 
 tave ^Jeen 
 e that, upoo 
 aally entered 
 ,ater. off the 
 ad enjoyment 
 ,.ar in 1792. 
 is not indeed 
 ^ce Talleyrand, 
 ly refers, that 
 B 1792, in the 
 ioes not appear 
 England at the 
 
 ,Q of France by 
 consists m the 
 for the pnrpose 
 J British Govem- 
 
 and within the 
 J it ^ould scarcely 
 1 the same part of 
 
 Bg ..ith the tem- 
 /ose. and without 
 
 emmeiit has never 
 ject to deprive the 
 Uch in taking fi8h 
 
 It interrupting the 
 ith the true spirit ot 
 
 the Treaty and declaration of 1788, prohibitory proclamations have been 
 from titno to time issued, on occasions when it has been found that 
 British subjects, while fishing within the limits in question, have caused 
 interruption to the French fishery, yet in none of the public documents 
 of the British Government, neither in the Act of Parliament of 1788, 
 passed for the express purpose of can'ying the Treaty of 1783 into 
 effect ; nor in any subsequent Act of Parliament relating to the New- 
 foundland fisheiy ; nor in any of the instructions issued by the Admiralty 
 or the Colonial Ofiice ; nor in any proclamation which has come under 
 my view, issued by the Governor of Newfoundland, or by the British 
 Admiral upon the station: does it appear that the right of French 
 subjects to &^ exclusive fishery, either of cod-fish, or of fish generally, 
 is specifically recognised. 
 
 ** In addition to the facts above stated, I will observe to your Excel- 
 lency, in conclusion, that if the rigiit conceded to the French by the 
 Declaration of 1783 had been intended to be exclusive within the pre- 
 scribed district, the terms used for defining such right would assuredly 
 have been more ample and specific than they are found to be in that 
 document ; for in no other similar instrument which has ever come under 
 the knowledge of the British Government is so important a concession 
 «s an exclusive privilege of this description accorded in terms so loose 
 and indefinite. (Signed) Palmerston. 
 
 •' To His Excellency Count Sebastiani." 
 
 This dispatch of pord Palmerston might have been considered 
 conclusive on the question. 
 
 In May, 1857, upon a question put by Sir John Packington in the 
 House of Commons as regards the then proposed Convention between- 
 Her Majesty and the Emperor of the French upon the subject of 
 the Newfoundland fisheries, Mr. Labonehere, Secretary f( the 
 Colonies, stated: — 
 
 *' The right hon. gentleman was aware that questions of a very 
 complicated and embarrassing nature had arisen between the Govern- 
 ment of England and France with regard to fishery rights of the latter 
 in the waters of Newfoundland, and that these questions arose out of 
 Treaties. The two Governments had for several years attempted to 
 [arrive by negotiation at a satisfactory solution of the questions, and the 
 [Government of this country had also been in constant communication 
 rith the Colonial authorities upon the point ; but unfortunately those 
 ^communications and negotiations had never led to any satisfactory 
 ^sult. At length an attempt had been made by Her Majesty's Govern- 
 ment to arrive at a termination of the difiiculty by taking another 
 nioarse ; and having had all the facts before them, they had thought the 
 
 b2 
 
The above ConvenUon voma ^^^^^^^^ ,^ , 7 ^aW to fisl^ 
 
 8 . jobu to K»*„^7*,':rjtod, -*««' ""tin i« -t"^ "»• *"' 
 
 in aueslion- „t „Uoh Mt. rho'»»»> ». . j „a C.ptam 
 
 Jndtod, was »»»"«, . P^_^^^ ^^^^^,„t. .u ,.m 
 
 . Fabvte, on the P«t "^ g,„t^ „„ the 
 
 settle the qt.e»t.on.^^_ „d the Hon. » ^^^ ^ j, 
 
 to 1859 C»P'»» f ^ J^n Montaignae de ^^.^-i^'^^'T 
 . part of Engto*. »»* ;j'^,»noe. «t« sent »» J/^ „,te reports to 
 Uooau,on*ePf^^^ ,„estioue and -Me e^pa^ ^^„ ^, ,^ 
 
 tigate and report «» j^ having g»»^'5^„|„nee thereto, on a 
 
 their reepecUve Govero j „rtance. to J"*^ ^^ f„. Foreign 
 
 P""*" '«:«.!*« ^'"''"'nrCl.^Bel. Lord John 
 question put bj m (,„„,^on8, 12tU ma. 
 
 Itos, i>'*».^''°'° ,, 4 fisheries made their report 
 
 BusseU rephed .- Newtonndland fl»»^"°^ ,o,.t^n Dnnlop, 
 
 . .> The Commissio""" March, ^ggo, a gentleman (O^ ^^e^t 
 
 ,„ Mgnst, 1859. »^°X: a vie. to his -mmg t-om ^ 
 
 difference prevailed. 
 
g to ft 
 
 vaa to 
 ication 
 in that 
 Aed by 
 
 e result 
 idopt it» 
 
 1, for it 
 nd> 
 
 t to fish 
 jtipttlated 
 , the said 
 or boats 
 
 , cnt wood 
 from Cape 
 ed, for the 
 upier." tt 
 awn up, tiie 
 on the shore 
 
 iantofNew- 
 and Captain 
 attempted to 
 
 ient, on the 
 ;e and M. de 
 Hand to inves- 
 ite reports to 
 upon all the 
 a thereto, on a, 
 ate for Foreign 
 il, Lord John 
 
 ftde their report 
 3aptton Dunlop, 
 ^Q arrangement 
 
 stayed in ^^f 
 government x^hich 
 ,ts npon^bich a 
 >vemment made a 
 
 Report on the Newfoundland Fishery Question. 21 
 
 proposition to the French Government in regard to those two snlvjoctfl, 
 and they have not yet received an answer." 
 
 But probably, for the reasons given before by Mr. Itobinson, 
 the French interest in keeping the question indefinitely postponed, no 
 settlement was arrived at. 
 
 We beg in conclusion to advert briefly to the second class or head- 
 ing into which this question has resolved itself; a claim on the part 
 of the French to prevent the inhabitants of Newfoundland from any 
 occupation of laud within the disputed district for mining, agricul- 
 tural, or other purposes ; in fact, a claim to virtual territorial sove- 
 reignty of a great porHon of the coast of Newfoundland. 
 
 In the House of Lords, May 22nd, 1868, Lord Houghton, on rising 
 to present a Petition from the House of Assembly of Newroundland, 
 praying that the restiictions with regard to grants of land on the 
 so-called French coast, imposed on them by Her Majesty's Secretary of 
 State for the Colonies in a despatch dated 7th of December, 1806, may 
 be removed, said : — 
 
 " That, as the Petition proceeded from so important a body as the 
 Oolonial Legislature, he felt it proper to accompany its presentation 
 with a few remarks." 
 
 The Petitioners stated that : — 
 
 " Your Petitioners desire to bring under the consideration of your 
 most honourable House a grievance to which your Petitioners in this 
 island are now subjected. Her Majesty the Queen has the territorial 
 dominion over the island of Newfoundland and its dependencies, and, as 
 a consequence, Her Majesty's Government of this Colony has the autho- 
 rity to issue grants within the island for mining, agricultural, and other 
 purposes. 
 
 " This right was never questioned until the year 1866, when, by a 
 despatch from the Bight Honourable the Earl of Oarnarvcn, Secretary 
 of State for the Colonies, to His Excellency Governor Musgrave, bear- 
 ing date the 7th day of December, 1866, the issue of grants of land in 
 that part of this island cftlled the ' French shore ' was pi'ohibited. 
 
 " The French shore referred to in the said despatch includes at 
 least one half of the territory of Newfoundland, and the restriction thus 
 placed upon the Local Government is in effect a denial of the exercise 
 of those rights which your Petitioners most humbly submit belong to 
 the British Crown, and therefore to their enjoyment by Her Majesty's 
 subjects in this island. 
 
 " Believing that the Government of this Colony has a clear right to 
 ; issue grants for mining or other purposes, the Legislature, on the 9th 
 ■day of April, 1867, in reply to the sp'i despatch, passed certain resoiu- 
 Moua and addresses declaratory of auch rights, and transmitted the 
 
I\ 
 
 
 .. The restrictwu com territorial doin^'^^°°' ^^^^ral 
 
 ,. „ »>,a exorciae ot urii«" iftkinff advantage oi 
 
 preventiug the o^^ - ^lie power of taKing 
 
 U Majesty's Bubje<^« ,^ J^ ^.^^^, ^he ««*^i ^'7*'^., ui«nd U such 
 ,„d other resources whvcb e ^^ ^^^ P«°PVibeeu received to the 
 
 . The importance of h^^^^^^^^ 
 
 t,,t your "e.^^^^^ ^^ ^^^iTJ'lm;^:! Oover^m^t to 
 
 lemonstrance o^^J^ ^^^en by the ^°»^ ^^e v^ithm the 
 
 informed, "^/tld i^ght of the BrHish Cn.w«,^^^^^^^^ 
 
 assert the ^^^^^^^^^Jf fleets in this Island the mi 
 
 reach of Her Majesty sj^3^.^^.^ ^,^ ^,,, Tt^tland. though emW- 
 
 tural resources ^vhich e^ legislature of this Isi . ^^^^^,^i 
 
 . For some years pasy^ . • from the a ey fbt 
 
 massed by ^r'^^^tpS-. have voted larg^^^^^^^^^^ 
 
 tbe purpose of o^t^^^^eleBS if t^at portion of 
 
 to a groat extent, be ^^^.^^t,. ^^^ tonouraWe 
 
 from the use of Her ^s J ^^^ ^^^y that your ^^^^^ ^^^ 
 
 ^T^our Petitioners therefore .^toth^^ 
 
 House v.iU be P^^-^.^r B^ ^0--^ ^^^^^^^^^^^ in a posi- 
 rirtotTmo-a. so as to P^-J^; ^^^^^^^ to your Petitioners 
 
 thriX"^^'*^ "!t;"rem.As Lord Ho»g"»» "^^tMri"" ' """"* 
 In th. course of b.» lem. ^_^_^^j '""'^"f !»a^ a"* "» »*" 
 
 .,Th6Colon«at""'°[7'' oiade on that coast » „r, 
 
 • p„pJo«s.el«oment»^^^:;Ven>. ^' 'l-rrsU-otEBgUA 
 ItUt «- »'« rstne S«y or forty ""-""^^lietj BneV" .s 
 
 srrt:;' ^x^ro^r^r.':-^^^ 
 
 .rii or onforeomout ^^^^ 
 
 overeign." . j ,„oh » state of things ^^^ „,, 
 
 It appears stran^ tha^^^^,^^_ g u^ o^ 
 
Report on the Neaj'uundland Fishery {^ueation. 28 
 
 lency 
 ition- 
 
 fecl oC 
 priving 
 
 is Bucb 
 jdlothe 
 
 ners are 
 »inent to 
 itbin the 
 
 jh embft'"' 
 prevalent 
 
 money fot . 
 \»hich will* 
 ,e witbheld 
 
 honourable 
 
 bo cause the 
 Carnarvon's 
 
 ,nt in a posi- 
 X Petitioners 
 
 lince; several 
 Bud no otter 
 moment a very 
 ionsofEnglisb 
 ociety snob as 
 p ^ere equatters 
 punisbment of 
 ,8 it were no 
 
 lonld exist after 
 State for tbe 
 ommons upon a 
 ,rcb lOtb, 1859 
 
 clearly secured to 
 rrilory" 
 
 The Hon. Mr. Little, then Attomey-Qeneral oi' Newfoundland, under 
 date 14th September, 1872, writes : — 
 
 " Earl Kimberley, in his letter to the Under*Secretary of State, bear* 
 ing date the 26th of June, 1872, fairly and plainly states ' that the 
 territory (so culled French shore) without doubt helonys to Her Majesty,' 
 consequently I respectfully submit that Her Majesty has the undoubted 
 right of directing the management and government of that territory in 
 such manner as Her Majesty may deem most conducive to the intnrests 
 of Her subjects resident there." ( 
 
 Referring to Lord Kimberley's Despatch,"' Nu. 42, to Governor 
 Hill, dated Gih of August, 1878, his^. Lordship states (Sec. 6) that 
 "in May, 1872, an address from< the Legislative Bodies" (of 
 Newfoundland) ' was presented to Her Majesty, praying for the 
 removal of restiictions affeetiug the territorial rights of the people of 
 the Island." 
 
 This joint address from the Legislatire Council and House of 
 Assembly of Newfoundland is so emphatic in its respectfully earnest 
 appeal for the acknowledgment of an undoubted right, that wo recommend 
 its careful perusal as given in full in the Appendix. 
 
 In the concluding section (No. 9) of the same Despatch, his Loiaship 
 sfates : — 
 
 "It appears to Her Mnjesty's Government that the suggestions 
 contained in the Report of the Joint Committee of both Houses, 
 which was transmitted in Governor Musgrave's despatch of the 29th 
 of April, 1867, will afford a reasonable ba^is for the negotiations which 
 are now to be resumed ; but before proceeding further, they desire to 
 learn the views of the Colonial Government, and I have to request you 
 to bring this despatch under the notice of your Ministers, and to report 
 to me at an early opportunity whether they have any objection to the 
 coarse proposed." 
 
 In accordance with this request, a series of Joint Resolutions from 
 both Houses of Newfoundland were passed on the 28rd of April, 1874, 
 stating in preamble, "That, with the view of terminating the long- 
 pending contentions that have arisen respecting the rights of both 
 nations under the Treaties, it is expedient that negotiations should be 
 resumed for that purpose on the basis of the said report (1867) as 
 suggested in the said (Lord Kimberley's) Despatch." This report, with 
 some amendments, is given in full in the Appendix, page 82, to which 
 we beg to refer. 
 
 These Resolutions are now believed to form the basia of negotiations 
 between the English and French Governments in regard to the settle- 
 
 * Se« Appendix, page 25. 
 
le tod given not.ce » '"^"^"^yerf had been, and *» ««^ ™ 
 
 ^ Sii' Jobn Hay replied ne ^^ ^^ ^^^^ object was 
 
 at nf his honourable mena, ^^ 
 
 request ot ms ^^ question. -»^ ^^per 
 
 of sovereignty withunwomio 
 
 14. 
 
 lit 
 
JReport on the New/otrndUund Fiihury QmiiAon. 29 
 
 APPENDIX. 
 
 I temper 
 iried for 
 expected 
 J impera- 
 
 80 that 
 ashing in 
 J of their 
 iy affected 
 , its right 
 
 iimolate^ 
 
 It may be added, by way of Appendix, that the valixd of the products of 
 the Newfoundland Fisheries, as furnished from Custom House returps for 
 1874, was 8,600,960 dols., equal to £2,127,490 Newfoundland cunenoy ; 
 that the shipping employed therein amounts to 60,406 tons, that the 
 number of persons engaged in said fisheries was 48,200, and the capital 
 invested £1,840,000 steriing. << Besides " (as Lord Houghton stated in 
 his speech referred to), " its value as a fishing station, there had been dis- 
 covered large copper mines, mountains of statuary marble and mineral 
 wealth, and also, more lately, the existence of petroleum in large quantities 
 — all of which, if these restrictions on the grants of land were continued, 
 would be excluded from the profitable enjoyment of the Colony." 
 
 The following documents bearing further on the question are also 
 appended : — 
 
 Lord Eoibeblet lo Goyebkob Hill. 
 
 Newfoundland. No. 42. 
 
 Downing Streett Qih August^ 1878. 
 
 Snt, — ^Wfth reference to previous correspondence, I have the honour 
 to transmit to yon a copy of a letter from the Foreign Office covering a 
 copy of a despatch from Her Mtgesty's Ambassador at Paris, and of a 
 note from the Due de Broglie, expressing the readiness of tbe French 
 Government to resume negotiations respecting the Newfoundland 
 Fisheries, and proposing that the two Governments should be repre- 
 sented by Special Commissioners. 
 
 2. Her Majesty's Government cannot doubl that this announcement 
 will be received with satisfaction by your Ministers and the Colonists 
 generally, as representations on this subject have been repeatedly made 
 to them by the Newfoundland Govenuc3nt and Legislature since the 
 former negotiations were broken off. 
 
 8. la. 1866 the Executive Council, by a minute, which was transmit- 
 ted in the Governor's despatch of the 11th June, urged upon him the 
 propriety of re-opening correspondence with Her Majesty's Govern- 
 ment upon the question connected with the exercise of territorial rights 
 
\ I 
 
 88 Report o* ». ^' J ^^^ ^^^,., 
 
 the 1^8'»'f '" 3^'^lUoBS being stated »8 tie b»8.. 
 GoTStnmeEt, cet.iJi prop 
 
 MgotintioM- , . ipoj, uttd in March, 1870 »>» 
 
 4. The «.bject «» .g»i? ««»»*Cl'' w spre.ented totheGo«rn... 
 UJretsto the w-ealled "FrenehShow wa P .„„ 
 
 ^L^Vf r":;Tet;te"oZ^-t, of 0«atBrita» 
 „der the conndeiauon of the I P 
 
 .nd France. „ ,, , . ..me of the Newfonndhina 
 
 r^s ^i: the I-ef ^jjr^S .be -ritorial righu of the 
 ing for the removal ot reswio 
 
 J^l^-^^^i:tir.^C-^- eo.aUed"F«nch 
 lLl^.!hSS^:Ue.be.din.te. ^^^_^^,^„,^ ,. 
 
 7 Thev regret that toPe^T ''^Werritorv, and thatthe develop. 
 .iXo?alargep««»;^^;^>^,rSny.wh.hareb.^^ 
 ,.♦ nf the mineral and other resowoe ^ .^.called " French Shore, 
 
 should he delayed by the ^'^'fj^^^.^^.y, settler, to the seaboard 
 Tto ftee access on the P»-^ "^^^ "Us near that Shore has W- 
 The fact that the popt.lat.on of cer^n pl^ ^^^ ^^^^y,^,^, 
 
 rM increasing, makes . on ttos acco ^^^^^^ ^^^ „«« 
 
 "'™ at a definite -B'eoment jth the F«n^^^^^^^^^ y.^, tnt 
 to nrevent the recurrence ot e"'™™' "^ j,,,,, officers of the respec- 
 trZ forbearance ^^^T'^l^^Z dl»'-es between the two 
 foe Governments, m.ghl lead to s 
 
 Governments. , , „ij jrfer to the com- 
 
 8. With respect to *»'» J^**' ^™ ;1 "sn •. and more espec«.Uy 
 plaints made in the years 1869, 1870 »d ^^ ,^ jg^^ , 
 
 Jo the seizure and e°»fi»ef » V'A- ' t, - and to a collision wh ch 
 tl the property of f^ftrSg,: the announcement that the 
 
 Ll;rrdb;or'^X;:entt£o«.rsofhothao,ern. 
 ments. 
 
s of 
 ncli 
 laoh 
 
 ) an 
 
 was 
 ritam 
 
 dland 
 >vern- 
 72, an 
 pray- 
 of the 
 
 rations 
 to the 
 French 
 
 r of the 
 Jevelop- 
 jelieved 
 Shore," 
 ; French 
 eaboard. 
 has hefcw 
 nrable to 
 ith a view 
 hich, but 
 le respec- 
 in the two 
 
 the com- 
 
 especially 
 
 t, 1872, of 
 
 »ion which 
 
 it that the 
 
 claim of 
 
 has been 
 
 oth Govern- 
 
 Repoi-t on the Newfoundland Fishery Question. 27 
 
 9. The whole sabject has not been lost sight of by Her Majesty's 
 Government, who have from time to time been in oommnnication upon 
 it with the French Government ; bat for reasons which yoor Ministers 
 will understand, no favourable oppor^uuity has recently presented itself 
 for resuming negotiations. It appears to Her Majesty's Government 
 that the suggestions contained in tbe Beport of the Joint Committee of 
 both Housos, which was transmitted in Governor Musgrave's despatch 
 of the 29th April, 1867, will aflford a reasonable basis for the negotia- 
 tions which are now to be resumed ; but before proceeding further, they 
 desire to learn the views of the Colonial Government, and I have to re- 
 quest you to bring this despatch under the notice of your Ministers, 
 and to report to me at an early opportunity whether they have any 
 objection to the course proposed. 
 
 I have, &c. 
 
 (Bigned) Kdibebley. 
 Governor Hill, C.B., &o. &c. &c. 
 
 Mr. E. Hammond to thk Under- Secbetaby of State, Colonul 
 
 Office. 
 
 Foreign Office, July lith, 1878. 
 
 Sib, — With reference to my letter of tbe 9th instant, and to previous 
 correspondence, I am directed by Earl Granville to transmit to you, ior 
 the Earl of Eomberly's consideration, a copy of a despatch from Her 
 Majesty's Ambassador at Paris, enclosing a copy of a note from the Duo 
 de Broglie expressing Ihe readiness of the French Government to resume 
 negotiations respecting the Newfoundland Fisheries, and suggesting the 
 appointment of a Special Commission with the object of settling the 
 questions at issue. I am, &c. 
 
 (Signed) Hammond. 
 
 The Undeb-Seobetaby of State, Colonial Office. 
 
 LoBD Lyons to Eabl Gbanville. 
 
 Palis. June 12th, 1878. 
 
 My Lobd, — With reference to my despatch, No. 629, of the 2nd 
 instant, and to your Lordship's, No. 817, of the 9th instant, I have the 
 honour to enclose a copy of a note dated also the 9th instant, which I 
 received last night from the Due de Broglie. 
 
 !l 
 
M 
 
 Report ou the Newfownd^and FUhet-y Question. 
 
 It expresses the wiUingness of the French GoTemment to resume nego- 
 tiations respeeCing the Newfoandland Fisheries, and proposes that Uie 
 tivo Gav3niments ahoold m represented by Special Commissioaen. 
 
 I have^ &o. 
 
 (Signed) Lyons. 
 The Earl Gbamtille, E.G., &o. Ac. &o. 
 
 ^r 
 
 The Duke de Bboglie to Lobd Lyons. 
 
 Versailles, July 9th, 1878. 
 
 Ambassador, — In recent circumstances your Excellency has shown 
 the advantages that an understanding on the question of the Newfound- 
 land fisheries would initiate for Frcnoe and England ; and you added 
 that the Government of Her Britannic Majesty was prepared to ent&r 
 upon the subject in amicable discussion with us. 
 
 I hasten to acquaint you that the French Government, who desires 
 equally to see abolished a state of affairs of which the disadvantages are 
 not disputed, are quite disposed to renew negotiations, and to ad6pt 
 measures to arrive at a conclusion so desirable in their eyes. 
 
 The Cabinet of London will judge, I hope, that the best course to 
 follow in order to facilitate a solution is to entrust, as in preceding cir- 
 cumstances, to Special Commissioners the duty to represent the respec- 
 tive interests ; and I will be thankful to your Excellency to be good 
 enough to acquaint me if it accepts this proposition. 
 
 Accept, &c. &o. 
 
 (Signed) Bboglie. 
 
 His Excellency Lord Ltonb, &e. &o. &o. 
 
 ^ ^ 
 
 Lord Eimbeblet to Govebnob Hili;.. 
 
 Newfoundland. No. 57. 
 
 Downing Street, October Gth, 1873. 
 
 Sib,— I have the honour to acknowledge your despatch. No. 79, of the 
 4th ultimo, transmitting certain Besolutions adopted at a meeting of 
 your Executive Council upon the subject of the rights of Fishery claimed 
 by the French Govermeut under Treaty, on that part of the coast of 
 Newfoundland commonly called the French Shore. 
 
Report on the NewfoundUmd. Fishery Question. 29 
 
 nd- 
 ded 
 iter 
 
 Her MiyeBty'fl Qovernment regrets to find that yonr Ministers are not 
 prepared to adopt, as a rea8oniU)le basis for negotiations with the Freneh 
 Govemment, the saggestions contained in the report of the Joint Com- 
 mittee of both Houses ; but they regret still more the tone and langaaga 
 of these Besolutions. Her Majesty's Government are prepared to up- 
 hold the legitimate rights of British, subjects under the Treaty, but your 
 Ministers must be aware that the exact limits of those rights have been 
 in dispute for many years^ and a settlement of grave questions of thia 
 kind, which is so much to be desired in the interest of all parties, oan 
 only be obtained by mutual forbearance and concession, and not by 
 characterising the claims of the French Government as preposterous 
 and untenable, nor by assuming that the construction of the Treaty 
 adopted by the Colonial Govemmenii is not open to difference of opinion. 
 
 I have, &c. 
 
 (Signed) Eimbeblet. 
 
 Governor Hill, C.B., &t. &e. &c. 
 
 iires 
 jare 
 dopt 
 
 e to 
 cir- 
 pec- 
 good 
 
 Joint Address to Hep Majesty. 
 
 Journal of the Home of Assembly of Newfoundland for 1872, Page 178^. 
 
 Wednesday, 2ith April, 1872. 
 
 « The Hon. the Premier, from the Joint Committee of the Legisla- 
 tive Council and Assembly appointed ta prepare an address to Her 
 Most Gracious Majesty, praying Her Majesty to cause to be removed 
 the restrictions in connection with the French shore under which this 
 Colony so inconveniently labours, presented the Report, which he 
 handed in at the Clerk's table, where it was read as follows : — 
 
 l73. 
 
 lof the 
 Ing of 
 
 laimed 
 Last of 
 
 *^ To the Queen's Most ExeeUent Majesty, 
 
 Most Gbaoious Sovebeign, — 
 
 "We, Yonr Mf^es^'s loyal an^ luti^ servants, the Legislative 
 Council and House of Assembjiy of Newfoundland, beg most humbly to 
 approach the foot of the Throne and to state as follows : — 
 
 " 1. The preseut relations of British and French subjects resident 
 on that pc; tion of the coast of thiS' Island commonly designated the 
 French shore^ are of such a nature as to press iiyuridusly upon the 
 
80 
 
 Report on the Newfoundland Fishery Qtiestion. 
 
 iaterests of British sabjects, and at the same time to endanger the 
 peace and harmony that should subsist between the sabjects of Great 
 Britain and France in the exercise of those rights secured to them re- 
 spectively by existing treaties. 
 
 «* 2. By the Thirteenth Article of the Treaty of Utrecht, * the Island 
 called New undland belongs of right to Great Britain,' but it is 
 ' allowed to the subjects of France to catch fish and to dry them on 
 land,' within certain limits mentioned in that Treaty, while they are for- 
 bidden ' to erect any buildings there, besides stages made of boards, 
 and huts necessary and usual for drying fish, or to resort to the said 
 island beyond the time necessary for fishing and drying fish.' 
 
 «« 8. By the Fourth Article of the Treaty of Versailles, 1783, ' His 
 Majesty the King of Great Britain is maintained in his right to the 
 Island of Newfoundland,' as it was assured to him by the Thirteenth 
 Article of the Treaty of Utrecht, while the French fishermen shall 
 * enjoy the fishery which is assigned to them by the present Article as 
 they had a right to enjoy that which was assigned to them by the Treaty 
 of Utrecht.' 
 
 " 4. The only alterations effected by the Treaty of Yersail^ i, as 
 regards the fishery rights assigned to the French by the former Treaty 
 of Utrecht, were — 
 
 " First, — An exchange of the line of coast from Cape Bonavista to 
 Point Biche for that extending from Gape St. John to the northernmost 
 point of the island, and thence southward to Cape Bay, which, in point 
 of fishery privileges, was a greatly increased concession to the French. 
 
 *' And, secondly, — The Islands of St. Pierre and Miquelon were 
 ceded in full right to France, subject to the modifications in His 
 Majesty's Declaration accompanying the Treaty. With these exceptions 
 the Treaty of Utrecht forms the basis of our territorial and fishery 
 rights. 
 
 " 5. There are certain portions of the strand which the French 
 have during peace continuously occupied, but which in time of war were 
 taken possession of and occupied by British settlers, who refused to 
 surrender them on the restoration of peace ; and in order to carry out 
 the terms of the Treaties, it was found necessary to pass the Act of 
 His Majesty 28th George HI., cap. 85, to enable His Majesty to remove 
 them, which Act was never put in force for any other purpose. The 
 last time it was put in operation, was at the termination of the war 
 in 1814, in compliance with the reoiuirements of the Treaty of Paris. 
 There were at the same time other portions of the strand in like manner 
 permanently occupied by British subjects, and have continued to be sq 
 
 A, K 
 
 1 I 
 
"^^ppwpr 
 
 A 
 
 << 
 
 Report on the Newfoundland Fishery Queetion, 81 
 
 to the present time. There is no desire, nor have any attempts been 
 made, to dispossess the French of the premises occupied by them. On 
 the contrary, British subjects have been employed to take care of them,, 
 and are still so employed during the absence of the French in winter, 
 and it rarely happens that any such property is injured or molested. 
 
 " 6. On some occasions disputes between British and French 
 fishermen have occurred during the exercise of their rights, and thus 
 serious collisions have happened. In order to prevent such collisions 
 the Governors of Newfoundland had from time to time appointed magis- 
 trates on that shore for the preservation of law and order ; but from 
 the departure of Sir J. Gaspard Le Marchant, about the year 1852, 
 succeeding Governors have been restricted in making any such 
 appointments. 
 
 "7. The population of that portion of the Island has been of late 
 years, and is still, greatly on tb<) increase ; but such now is the anoma- 
 lous, inconvenient, and unsatisfactory state of things arising from the 
 absence of any recognised jurisdiction or established system of law and 
 order, that life and property are rendered insecure, and collisions of the 
 gravest character occur, not only among the British settlers themselves, 
 but also between them and the French fishermen. 
 
 * 
 
 "8. It was not until the year 1866 that any restrictions were placed . 
 on the exercise of our territorial rights, and the limits from the coast 
 inwards subsequently prescribed were, from the nature of the case, in- 
 operative and in fact nugatory, inasmuch as the British population for 
 the greater part were, and still are, actually resident within those limits 
 in the prosecution of their fisheries. 
 
 *' 9. The temporary right of the French to the nso of the land, as 
 may be seen by reference to the afore- mentioned Treaties, is imme- 
 diately upon the sea- coast, and rarely extends beyond a few hundred 
 yards inland. It is limited simply to the strand immediately bordering 
 npon the sea, and this only for the purpose of * curing and drying their 
 fish ' during the fishing season. In point of fact the French only 
 occupy a fractional part of the large extent of coast on which they are 
 permitted the right of fishing ; whereas British subjects are resident on 
 all parts of the coast where there is safe anchorage. 
 
 " 10. It is important to observe that this part of the coast embraces 
 by far the best portion of the Island for agrieultural, lumbermg, mining, 
 and other industrial pursuits. And were these restrictions to be con- 
 tinued, settlers would be deprived of the right of roadways, and of 
 water privileges whence to ship the produce of their industry to 
 market. 
 
8d Report on the Newfoundland Fishery Qtieition. 
 
 "11. Another and most serlonsly prejudicial circumstance arising 
 from the existing state of things is, that the Colony is deprived of the 
 revenue which would otherwise he derived from the trade on that part of 
 the coast, hesides which shelter and encouragement are thus afforded 
 for smuggling. 
 
 " 19. Were a welt-organised judicial system estahlished there, it 
 would tend not only to the preservation of peace and good order, but 
 also to the protection of Colonial and French Treaty rights. 
 
 " 18. On a review of the whole case it is evident, we humbly submiti 
 that the policy, comparatively recent, pursued by the Imperial Govern' 
 ment towards this Colony, in the restrictions so imposed, have placed 
 the large British population resident on the so-called French shore in a 
 position the most deplorable, and such as is unparalleled in any other 
 civilised country in the world. Life and property are insecure, the vast 
 resources which are known to exist on that portion of the coast are 
 rendered unavailable, and the revenue which should flow into the Colo- 
 nial Exchequer under the influence of a regularly constituted order of 
 things is lost to the country. 
 
 " 14. We do not deem it necessary to repeat those further argu- 
 ments which have so often been urged before in support of Britinh rights 
 upon that part of the coast. We most humbly and earnestly pray Your 
 Mi^esty to cause to be removed the restrictions in reference to the ap- 
 pointment of mugistrates, and also those affecting our territorial rights, 
 which press so injuriously and inconveniently upon the interests of Your 
 Majesty's subjects in this Colony, and which we would humbly observe 
 are at variance with the rights secured to this Colony by Acts of the 
 Legislature, which Acts were subsequently ratified by Your Miyesty. 
 
 "Passed the Legislative Council, 24th April, 1872. 
 
 " (Signed) Edwabd Mobbis, President. 
 
 "Passed the House of Assembly, 24th April, 1872. 
 
 " (Signed) Thomas R Bennett, Speaker." 
 
 Joint Besolutions. 
 
 Journal of the House of Ats&mbly of Newfoundlandfor 1874. — Page 164. 
 
 2Brd AprU, 1874. 
 
 " The Chairman reported from the Committee, that they had con- 
 sidered the business to them referred, and had come to certain resolu- 
 tions thereon, which they had directed him to report to the House and 
 
Report on the Newfoundland Fishery Question. 88 
 
 ^'i 
 
 / 
 
 i 
 
 ( 
 
 
 he handed the reBolations in at the Clerk's table, where they were read, 
 M follows : — 
 
 " Eesolved,— That this Oommittee haying had under consideration the 
 report of the joint Oommittee of the Legislative Council and this Hoase, 
 adopted by both branches in the Session of 1867, on the subjoot of 
 French right of fishery on the coast of this Island, together ^ith the 
 despatch of the Right Hon. the Earl of Kimberley to his Excellency 
 the Governor, bearing date the 6th Aagast, 1878, are of opinion 
 that with the view of terminating the long-pending contentions that 
 have arisen respecting the rights of both nations under the Treaties, it 
 is expedient that negotiations should be resumed for that purpose on 
 the basis of the said report, as suggested in the said despatch, *which 
 report, with some amendments, is as follows : — 
 
 " 1st. Your Oommittee submit that no question can arise, under the 
 Treaties, as to the dominion of the soil on the so-called French shore, 
 in common with the whole Island of Newfoundland, belonging to the 
 Crown of Great Britain ; and such right in all negotiations between the 
 two nations on the subject of the Treaties has never been impeached ; 
 but certain privileges are claimed by the French under these Treaties 
 and accompanying Declarations, in making erections and otherwise on 
 the coast for fishing purposes ; and it is contended *hat British subjects 
 are prohibited from having fixed settlements there. 
 
 " 2nd. Your Committee further submit that, without Trench per- 
 mission, it is lawful for British subjects to construct buildings and re- 
 side therein for purposes apart from those of fishery, and to make use 
 of the strand for all purposes essential to the exercise of the territorial 
 dominion of the interior land, and that the term ' fixed settlements,' 
 referred to in His Britannic JSIajesty's Declaration, applies only to such 
 as are in connection with the fisheries. On t|^e coast are Franch estab- 
 lishments of a substantial character, unauthorised by the Treaties. 
 
 « 8rd. It would appear to your Committee that the objection to issu- 
 ing grants and licenses has arisen from the construction given by the 
 French to their Treaty rights to the use of the shore in connection with 
 the fishery : and whilst it is advisable that any uncertainty on this 
 point should be removed by amicable arrangement, yet your Committee 
 submit that the territory being unquestionably in Great Britain, the 
 local executive is authorised to issue grants and licenses for agricul- 
 tural, mining, and other purposes, which have not for their object the 
 interruption of the French by competition in the fishery. Your Com- 
 mittee are, however, aware that in the construction of the Treaties as 
 regards the respective rights and privileges of the subjects of both 
 
■ / 
 
 r 
 
 \ 
 
 94 jR«port <yt% the Netvfoundland Fuhery Qtu$tion. 
 
 nfttions, there has not been general aoqniesoence^ and they woald re- 
 oommend a oonoarrenoe in any fair adjastment for the better observanee 
 and ezeontion of existing Treaties which di4 not oonoede any farther 
 rights of fishery to the French on the coast of this Island, nor any 
 rightii or privileges whatever at Belle Isle and Labrador; 
 
 " With this view, and in the acceptance of the snggestioni of Her 
 Majesty's Imperial Government for resumption of negotiations with 
 the Government of France, in order th^ the litigation of territorial 
 rights may no longer be obstmcted— .... 
 
 '* Yonr Committee recommend that the Legislature should state to 
 Hor Majesty's Government that they are not prepared to agree to any 
 eoncessions to the Government of France which should convey to the 
 French rights of fishery which they do not now possesSi under existing 
 treaties ; but they would recommend the Legislature to consent that the 
 valuable and important right to purchase bait, both herring and oaplin, 
 on the southern coast, be conceded to the French, at such times as 
 British subjects may lawfully take the same, upon the terms herein con- 
 tained being agreed upon. 
 
 " It being thus clearly understood that any ftirther concession with 
 regard to rights of fishery are to be excluded from the negotiations, 
 your Committee are of opinion that it would be desirable, for the inte- 
 rest of all parties, if Her Majesty's Government should be able to make 
 such an arrangement with the Government of Frftnce as would embrace 
 the following matters, viz. :— - 
 
 •* Ist. The establishment of a Joint Naval Commission, which shall 
 only take cognisance of such matters as relate to the fisheries, and in 
 ease of disagreement reference be made to the respective Governments ; 
 all other questions to be dealt with by competent authorities. 
 
 ** 2nd. That the existing British Settlements in St. George's Bay, 
 Cod Boy and Bay of Islands, Bonne Bay, and White Bay shall remain 
 undisturbed ; and there shall be no interruption by the French to fish- 
 ing by the British in those Bays, nor interference with their buildings 
 and enclosures there, nor with any erection or buildings on any part of 
 the coast where the French have a temporary right of fishing, which do 
 not actually interfere with the fishing privileges of the French, as shall 
 be determined by the Commissionen ; nor shall British subjects be mo- 
 lested in fishbg on any part where they do not actually interrupt the 
 French by their competition, the claim asserted by the French to the 
 exclusive right of fishery not being warranted by the terms of her 
 Treatiess. ■< V- rr- 
 
 >■ "8rd. That no building or enolosnre which shall have been erected 
 for five years shall be removed as interfering with the French fishiog* 
 
 \J 
 
 "iifa-ar' 
 
g 
 
 r 
 
 Report on the Newfoundland Fiahery Quettion. 85 
 
 pririlegei, without oompeDyation, to be determined only by the Commii- 
 ■ioners ; bat no oompensfttion shall be payable for any inch boilding or 
 encloBure hereafter erected without consent of the Commissioners. 
 
 " 4th. That the Oommissioners shoold determine the limit or bound- 
 ary line to which the French may prosecute their fishery ; the British 
 baring the exclusive right of salmon and all other fishing in rivers. 
 
 " 6th. That the breadth of strand of which the French should have 
 the right of temporary use for fishing purposes should be defined, thus 
 removing objecUons to grants of land for all purposes beyond the boun- 
 dary 80 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 British subjects for 
 wharves and buildings necessary for mining, tradino, and other pur- 
 poses, apart from the fishery, in pUces selected with the permission of 
 the Oommissioners. 
 
 " Passed the House of Assembly, 28rd April, 1874."