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\ • * ». 
 
A REVIEW 
 
 ■OF THE 
 
 
 DOCBMEIVTS 
 
 IN RELATION TO THK 
 
 FISHERY UUESTION, 
 
 SHOWING THE TRUE SOURCE OF THE CONCESSIONS 
 TO THE FRENCH CONTAINED IN THE CONVENTION 
 OF Uth JANUARY, 1857. 
 
 ■\ V»v 
 
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 PrmUd at the Newfoundlander Office* 
 
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WHO ARE THE ORIGINATORS OF THE FRENCH 
 
 CONVENTION? • 
 
 "The Despatches of Governor Hamilton and Mr. Crowdy on tlie 
 subject of further Concessions to the French were such as should be 
 recorded in letters of gold, but the Desi^iitch of Governor Darlino 
 was traitoFous to the Country, and if he, (Mr. ]\rarch) had iiim upon 
 the wharf, he would think little of tumbling him into the sea.'" 
 
 "As for whathe had said about the Governor, he -vVould say it again, 
 because he deserved it; if he was his, (Mr. IVIarch's) father and guilty 
 of writing the Despatch to which he had referred, ho would main- 
 tain that he ought to behurled_over,the^wharf." 
 
 (Speeches, in tin House of Assembly of Newfoundland, of Mr. March, a member 
 ofth4 so<aU«l loyal Conservative Party, on the 23rd February, 1857.) 
 
 " 1 am as much grieved as astonished to find by thesa Documents 
 (Governor Darlings Despatches of 23rd and 28th July, 185fi) that 
 Hia Excellency should have deemed it necessary to exercise his talents 
 in making out a case for our Rivals, the French, to the great prejudico 
 of British subjects, struggling to sustain tliemselves agr.inst French 
 competition." 
 
 {Mr. Ghat Us Fox Bennett's (formerly a Member of the Executive and Leqislative 
 Councils) letter imblislied in the Public Ledger of the 27th February, and Urd 
 March, 1857.) •" 
 
 Before our "Happy Family" of Delegates is absolutely 
 encaged in the *' Circassian"-— while the Band of the " Royal 
 " Newfoundland Companies" are doubtless practising the 
 *' Rogue's March," as most appropriate for the exit " over 
 the wharf" of our Traitor GovERNoR—whilc the Ministerial 
 ** Conspirators," the opposition " Detective," and the expe- 
 rienced " professional gentleman," who is appointed to 
 ** watch the proceedings," (having first, according to honest 
 (lago's advice, each '* put money in his purse,") are like grey- 
 hounds in the slip " straining for the start ;" it may not be 
 
)vt 
 
 unacceptable to that portion of the ** Public," whose genuine 
 Sv^ntiment, whenever, at least, that Public is a British one, 
 is most faithfully expressed by the time-honored adage, 
 " Fiat Justitia mat Ccelum" — to take advantage of the com- 
 parative calm — the lull which has succeeded the pohtical 
 stdlb — for the purpose of enquiring whether such imputa- 
 tions as the foregoing oratorical and epistolary morceaux con- 
 vey, are really justified by facts and circumstances. Such 
 an enquiry cannot fail to blow away a little of tlie dust 
 which has been so sedulously thrown into the eyes of the 
 said public : and it will ejtpose the " dod^e," by which a 
 small but disappointed, and certainly unscrupulous party, 
 have eudeaVourea to bring down upon others that public 
 censure which ought in simple justice to fall upon them- 
 selves alone. To the weak compliance and selfish yielding 
 before Imperial solicitation, of those with whom the party 
 referred to are avowedly connected, may be clearly traced 
 some of the most injurious provisions of the recent Con- 
 vention. 
 
 In thefr attacks upon Governor Darling and his advisers, 
 at times within, and at other times without, the halls of the 
 House of Assembly — by direct allegation or covert insinu- 
 ation, as best suited the dirty purpose of the moment, — they 
 have not hesitated to ascribe to the former, dissimulation, 
 corruption, and falsehood, and to the latter, a guilty compli- 
 city in that course of public immorality. 
 
 But it will be seen frohi the following brief review, how easily 
 the " Convention" saddle may be put upon the right backs ; 
 and this being done, Governor Darling will indeed be well 
 warranted in exclaiming " let the galled jades wince, my 
 withers are unwrung." 
 
 The Papers connected with the Convention, laid before thtJ 
 liegislature and printed, are accessible to a small portion only 
 of the reading public. They commenced with the year 1844 
 and carry the history of the negotiations down to the present 
 
3 
 
 rhoment ; these negotiations were initiated in tlie city of St. 
 John's by Mr. William Thomas, then a Member of the Ex- 
 ecutive Council and Chairman of the Chamber of Commerce, 
 under the instructions of Governor Sir John'Harvey, to con- 
 fer with Captain LeFabvre of the French Corvette La Fortune, 
 '• on ^he-subject of an arrangement for tVic common interests 
 of the French and English fishermen on the coasts of New- 
 foundland and Labrador,"— they were resumed in Paris in 1859, 
 VPon the basis of the position in which they were left by Mr. 
 gliomas ; and were continued in 1853 in London, when Mr. 
 Archibald, our late Attorney General, specially represented 
 tlie interests of the colony. In both years, 1852 and 1853, 
 the proceedings were referred out to the Colonial Government 
 for Report ; and in the latter year for suggestions of *\ such 
 well balanced mutual cowessions as may be made without 
 serious detriment to the interests of either party." 
 
 For the present they have terminated with the signing 
 of the Convention, or as may, it is hoped, be more truly 
 affirmed, with the rejection of that Convention by our local 
 Legislature. 
 
 For Governor Darling's opinion no reference was ever 
 ipade by the Imperial Government ; and it was only, as he 
 states in his Despatch, in consequence of his conceiving that 
 the negotiations of 1853, which had been interrupted by the 
 war with Russia, would be renewed upon the establishment 
 of peace, that he was led, after fully considering the question 
 and perusing the recommendations of, his Predecessors and 
 their Advisers, which all, more or less, pointed to concessions 
 of some kind, to address the Imperial Government, and urge 
 his strong opinion against any further arrangement whatever 
 being entered into with the French, except in respect to the 
 purchase of bait, an advantage, which local circumstances 
 fostering the present lucrative, though strictly illicit traffic, as 
 well as the Reciprocity Treaty with the United States, seem- 
 ?;4 to him to have already indirectly seciured to them. 
 
 .. 
 
The most important concessions contained in tlie Conven- 
 tion will now be stated seriatim ; and the extent to wliich they 
 ff P^A i° o."g»»ato with, or may be in any degree ascribed ta 
 the Authorities alluded to, will be noticed^ ealh agS the 
 wS I • ^^^^^J"°^ *o tl^e page of the printed papers at 
 Which th^ views of those authorities are recorded, namely :^ 
 
 Concessions proposed by the 
 Convention. 
 I. Exclusive right 'of Fishing 
 f >[en tolthej Frenoli from Capo 
 John.to Cupe (Norman, to extend 
 to three marine miles from the 
 coast and the coasts of Uie adja- 
 cent Islands, with right of strand 
 from Cape John to Rock Point, 
 varying from a third of, to half a 
 mile, and power to rcmove enclo • 
 Burea, erections, and obstructions 
 on the shore— and British vessels 
 and Fishermen from the waters by 
 French authority alone, and to 
 cut wood as far as required for 
 the repair of Fishery erections and 
 fishing vessels. 
 
 I. In 1844, Mr. Wm. Thomas 
 in his negotiation witli Captain. 
 LaFabvre, proposed " to confine- 
 " the respective fishermen within 
 " certain defined limits and for 
 " this purpose be submitted to Mr. 
 " LaFabvre as the French limits, 
 " a line of coast extending from 
 " Bonne Bay to Cape St. John, on 
 " which coast ouly the Frencb 
 " should have the exclusive right 
 " of fishing, the French ceding to 
 " Great Britain the exduaive right 
 " of fishing firom Bwiiie B ay to 
 " Cape Ray." ^House of Assem- 
 bly Convention Papers, Pag« 4,^ 
 
 In 1853, Mr. Attorney General 
 Arehibald, to whom special leave 
 was granted by the Goivernor and 
 Council to remaift in England to 
 represen t the interests of Newfound- 
 land in the negotiations respecting 
 the Fisheries then proceeding, con- 
 sented to give the French an ex • 
 lusive right of Fishery from Cape 
 John to Bonne Bay, (viz., Cape- 
 Verte,) Great Britain to retain the 
 exclusive right between Cape Vert 
 and €ape Ray ; being in fact the 
 arrangement proposed by Mr. 
 Thomas, that a certain number of 
 marine miles should be fixed with- 
 
in which BritisJi stibjucts shodld 
 not fish, tJiat ii quarter or linlf a 
 iiiilo in width of straud Bhould bo 
 secured to the Freucli, that they 
 should be at liberty to cut wood 
 upon unocoui)ied land, where not 
 inconvenient to the British Gov- 
 ernment ; and that British build- 
 ings, enclosures, and vessels may 
 be removed under certain limita- 
 tions by French authority alone, 
 rilouso of Assembly Papers, pages 
 32 and 33 J 
 
 In 1853 Governor Hamilton 
 reported that His Executive Coun- 
 cil, which then consisted, besides 
 Mr. Archibald and Mr. William 
 Thomas, of Mr. W. B. Row, Mr. 
 Charles F. Bennett, Mr. Law- 
 rence O'Brien, Mr. Thomas B. 
 Job, and Mr. James J. Griove, 
 Avere •' opposed to even a mutual 
 " exchange of rights, or any modi- 
 " fication of the Treaties by which 
 " British subjects shall absolutely 
 " renounce" their right of fishery 
 on any part of the coast. But 
 that " if the Imperial policy re- 
 " quii'ea that such an exchange 
 " e;' r Id bo proposed, the Council 
 '' thinks it should be confined to 
 " our yielding all right of fishery 
 '' on that part of the coast be- 
 " tween Cajjo John on the east, 
 " and the 50th degree of latitude 
 " on the West Coast ; the French 
 *' renoimcing *' their right of fish- 
 " ery from dience to Cape Ray." 
 This is again Mr. Thomas's origi- 
 nal proposal, except that it gives 
 20 miles less of tlie West coast to 
 the French. These 20 miles do 
 
2. Rigbt to fifeh on the coast^f 
 Koith BeUe Isle. 
 
 not include any r'rencli fisliery 
 port but tlioyilo iucludo 8t. I'aul'H 
 Bay. The object for tbis tritliii},' 
 uUcratioii tloos not Ri)|)oiir ; but 
 it in not a little roniarkublu tlmt 
 tlio recommendation is repented in 
 Mr. C. F. Jiennett's published let- 
 ter of 'i'<in\ February. 
 
 Mr. Hamilton then suggests 
 that tho British should bo ex- 
 cluded within 3 marine miles, 
 that a certain width of strand 
 should be assigned to the Frejpcb, 
 and does not think therighXof tho 
 French to expel intruders would 
 be attended with evil consequences 
 in practice.alUiough it is unneces- 
 sary to concede it — and observes 
 that as a mode of compromise the 
 arrangement above suggested by 
 Mr. Hamilton's Executive Council 
 will leave tho French in the abso- 
 lute possession [in other words, 
 with tho " exclusue right"] for 
 the purpose of the fishery, of tho- 
 greater part of the coast between 
 Gape John and Cape Ray, and of 
 almost the whole of it upon which 
 the Cod Fishery is of value 
 [House of Assembly papers, page 
 40.] 
 
 Mr. Thomas, in 1844, suggests 
 that this right might be given to 
 tho French in addition to the 
 " exclusive right" from Cape John 
 to Bonne Buy, perhaps, he says, 
 "adding to that the exclusive 
 " right of fishing on the Island of 
 " Belle Isle, together with the 
 " great advantages which must 
 " accrue to the French from th« 
 
^ 
 
 0. French right of fishery to 
 extend up Rivers and Creeks as 
 high as tlie Salt water, from Cape 
 St. John to Rock Point, and from 
 Rock Point to Cape Ray, for half 
 a marine mile above the embou- 
 chure. 
 
 4. Islands of Groais and Belle 
 Isle to be regarded as adjacent to 
 the nearest coast, artd French ex- 
 clusive right of fishery tlierefore 
 extended to them. 
 
 " FiiRlialj being perhiittod to ex- 
 " port to St. I'it-rro sucn Caplin 
 " as they may Jiavo to diaposo of 
 " beyond what may l)0 suffioient 
 " to bait our own boats." — (House 
 of Asseinbly papers, pego 5.) 
 
 Mr. Crowdy in his Despatch of 
 the 23ud September, 1H52, admits 
 that the assertion " of the French 
 " tliat they had enjoyed a right to 
 "fish atiBello Isle up to 1^41, 
 " without any demiu: on the part of 
 " GreatBritain.may to some extent 
 " be true, as it is only since the 
 •' very injurious effects on our trade 
 " of the French Bounty sustained 
 " Fishery have been severely ex- 
 " perienced, that the imj'ortanco of 
 " confining that fishery to its own 
 " proper limits has been so deep- 
 " ly felt." ^House of Assembly 
 Papers, Page \GJ 
 
 This accords with Mr. Archi 
 balda proposition, ^Houso of As- 
 sembly Papers, Page 32J ; and 
 Governor Hamilton suggests that 
 it should be adopted, ^House of 
 Assembly Papers, Page 40.>> 
 
 This surrender is proposed in 
 Mr. Archibalds draft-project (^to- 
 gether with other smaller Islands,^/ 
 f^House of Assembly Papers, Pago 
 as ;J and concuiTed in by Gover- 
 nor Hamilton, ^House of Assem- 
 bly Pape.'-s, Page 40.^ 
 
 5. Eight to purchase, and im- Mr. Thomas, as already stated, 
 
 der certain circumstances to fish /^No. 'ZJ in 1844 proposed to con- 
 
8 
 
 for Min and Herrings ou the for tlic right to purchase supplies 
 South Coast of Newfoundland. of boit, r House of Assembly Pa- 
 
 pers, Page 3 J 
 
 Mr. Archibald considers that if 
 the Iiecii)rocity Treaty with the 
 United Siates should' extend to 
 Newfoundland, '• there could no 
 " longer be the same motive, nor 
 " indeed could it be e(]ually practi- 
 " cable,to restrict the French sup- 
 '' ply of bait, if the Americans 
 " shou)! be admitted to a partici- 
 " pation in the fishery, and trade 
 " in fish without any exception as 
 " to bait." (House of Assembly 
 Papers, Page 29.) 
 
 And Governor Hamilton sug- 
 gests " that the sale of bait be 
 made subject to Legislative Regu- 
 lations for its protection and pre- 
 servation." (House ot Assembly 
 Papers, Page 39.) 
 
 0. Bight to fish ou the Coast of Not proposed or consented to 
 Labrador. by any Newfoundland authority. 
 
 7. All stipulations of former Proposed by Mr. Archibald, 
 
 Treaties to remain in force, as far (House of Assembly Papers, Page 
 
 as they are not superseded or mo- 50.) 
 dified by the "Convention." 
 
 It should be remembered also that Mr. Archibai,d's pro- 
 positions and suggestions were before Governor Hamilton's 
 Council, and that, tliereforc, any such propositions not ex- 
 pressly dissented from by them in Mr. Hamilton's report, 
 must be considered as having their approval. 
 
 Can an impartial enquirer, it may now be asked, come to 
 any other conclusion than that in this catalogue of " propo- 
 
> ... 
 
 Sils," " suflfgestions," " compromises," and cessions of " Ex- 
 clusive Rights'* is to be found the "raw material," out of which 
 the main stipulations of the Convention,, with tlie exception 
 of the. Right of Fishery on the Labi^ador, have been manu- 
 factured ; and that their origination with those who were ap- 
 pointed to represent the interests of Newfoundland accounts 
 fcxr the appwent confidence with which they have, been sub- 
 mitted by Her Majesty's Government for the sanction of its 
 Legislature. 
 
 Let the nature of GovfiRNOR Darling's recommendation for 
 ik settlement of the question, as contained 'in his Despatch 
 Csee Appendix, No. 1,) and the unequi' il character of the 
 language in which that recommendation is conveyed, be ex- 
 amined on the other hand, and the truth, which it is the 
 object of this review to elucidate, will be placed upon an ir-^ 
 refutable basis. 
 
 Governor Darliiig states in his Despatch, not, be it ob- 
 served, that he admits the French claim to an exclusive right of 
 fishery within the limits assigned to them by Treaty, but that 
 he cannot concur in the sweeping opinion' expressed by Gov- 
 E«NOB Hamilton that that cfom is ' " without any foundaiion," 
 and says, that having reduced to writing his investigation of 
 the question, he transmits a copy of the Paper with his 
 Despatch. Amongst the Printed papers referred to by Mr. 
 Hamilton. (Hpuse of Assembly Papers, Page 35,) as accom- 
 panying the Duke of Newcastle's Despatch in 1863,and form- 
 ing probably one of the Documents which Govbrnor Darlino 
 •lludes to in the 16th paragraph of his Despatch, as having, 
 guided his opmions, is a letter from Mr. Hyde Villibrs to 
 the Secretary of State, written in the year 1880, to urge upon 
 the Home Government on behalf of Newfoundland, that the 
 proper moment for revising the principles up to that time 
 observed with respect to the Treaties, had arrived. In that 
 letter, Mr. Villiers gives a detailed account, apparently from^ 
 original records of the History of the Negotiation* in 1783, 
 
30 
 
 and the ground upon which the French Right of Fishery Vas 
 then placed.— This account is inserted (Appendix, Xo. 2,) 
 and after perusing it, the only wonder will surely be, that 
 any one who believes in its correctness, could doubt that the 
 French use or right vfa'i intended to be practically exclusive, or 
 m other words, that they should not be exposed to British 
 competition upon any part of the shore assigned to them, 
 which they were themselves prepared to occupy. 
 
 But it is not upon any view of the abstract right, that Gov- 
 ernor Darling bases his recommendations to Her Majesty's 
 Government. Having referred to his opinions in the most 
 cursory manner, he immediately proceeds to observe that the 
 mere question of right does not appear to be of practical im- 
 portance, since Her Majesty's Government had, upon the 
 advice and opinion of the Crown Law Officers at home, al- 
 ready instructed the Colonial Government that Great Bri- 
 tain "is bound to permit the subjects of France to fish dur- 
 •' ing the season in the district specified by the Treaty and • 
 " Declaration of 1783, free from any interruption on the part 
 " of British subjects ; but that if there be room in these Dia- 
 "trictsfor the Fishermen of both Nations to fish without 
 •' interfering with each other, this country is not bound to 
 " prevent her subjects from fishing there." 
 
 GoviJRNbR Darling then adds, (having just returned frotri 
 a visit to the^* French Shore,") that at the present timo,4s 
 at the dates of ithe reports of some of his Pr^deeessors, tbdra 
 iS'^not room foj^ the 'Fishermen of both NAlHOns to ffish Within 
 tho Frendi litftits; that is to say, in the principal or'onlyihap^ 
 bors occupied by 'the ^Fr^nch for the prosecution of the dod 
 l^^ishery, without -fntGrfering with oach other, Arid that the 
 Ironeh lifive therefore— that is, under the conditiy>»i of their 
 own !full occiiptttion of the really valuable part' of the' coast 
 for eod' fishing-^the right practically to enjoy their Fishety 
 to the 'Exclusion 'Of British subjects, " as completely a* if 
 ['ihat i^ht was <f(>nfrtnedt$ them in expmi term*'" ' 
 
11 
 
 But a light thus qualified, materially differs from a rigk 
 " confirmed to them in express terms,"' and with all the le* 
 gal force which would be imparted to it by a Treaty and an 
 Act of Pai-liament — such a right as was in fact proposed to 
 be conferred by Mr. Thomas in 1844, by Mn Archibald iq. 
 England in 1853, and by the Executive Council of the Colo, 
 ny in the same year. 
 
 An exclusive right thus legally conferred, instead of merely 
 being practically exercised as the result of the absence of 
 competition,— must necessarily carry vyith it the power to 
 prevent British subjects from iishing, even though the coast 
 should not be fully occupied by French Fishermen, — a state 
 of things which the continuance of the late Russian War for 
 another year would assuredly have brought about — and also 
 be inevitably followed by the other powers granted in the 
 Convention, and previously acceded to by Mr. Archibald and 
 by Mr. Hamilton's Council, via. : to destroy British Buildings 
 and to expel British Vessels and Subjects under Frenoh au- 
 thority alone, while it would as certainly lead to the sancr 
 tion of the continued' residence of French subjects on the 
 coast. 
 
 Do Governor Darling's proposals contemplate measures 
 such as these ? Let a reference to his Despatch answer the 
 enquiry. Utterly rejecting the French demand to be per- 
 mitted to fish for Cod upon the Labrador, and for Bait on 
 the South coast of Newfoundland, characterizing those de- 
 mands indeed, as " perfectly preposterous" as, when regard- 
 ed in their national bearing, " wholly on the French side" : 
 and declaring the alleged claim of the French, on the ground 
 of usage, to fish at Belle Isle to be *' wholly untenable;' since, 
 as he shows, they were warned ofi" by Proclamation of one of 
 his Predecessors so far back as 1763 ; he takes his stand 
 upon all other points, upon the " Treaties, the whole Treaties, 
 and nothing but the Treaties," boldly explaining that he as- 
 sumes this position, in .the interest of British subjects, upon 
 
18 
 
 AMI consideration of the existing state of things— of th^ in- 
 fraction of the strict letter of those Treaties, which had 
 taken place on both sides ; arid lipon the fact, that the sacri- 
 fices on either side, which this principle would require, would 
 be so much greater on the part of the French than on that 
 of the EngHsh, that it Would assuredly in no Way disturb the 
 British settlements and residents upon the French Shore, 
 which he affirms have not only never occasioned *• the 
 ** 8lig4itest real'infrihgement upon the privileges and advau- 
 *' tages conceded to the French, but on the contrary, have 
 *' operated very much to their benefit and convenience/' 
 
 This view of the extent of the sacrifices to which the 
 French wduldbe exposed, is based upon the result of his own 
 observation and enquiry to the effect that the French estab- 
 JiShments upon the coast " although 'in most cases of a tern- 
 •• porary character, yet far exceed in extent and variety mere 
 *' huts necessary and usual for drying ■^sh, fas limited by the 
 Treaties) and the residence of British subjects has been al- 
 •*ways deUberktely encouraged by the French ; since in 
 *♦ them they find the necessary " guardiens" for " their es- 
 " tablishments when they themselves return to Europe at the 
 "close of the fishing season." 
 
 Further on in the same DespatcJi,.(Paragrgph J9)he gives 
 strength to his opinion, and indeed, undermines the whole 
 grounds of the necessity assigned by Her Majesty's Govern^ 
 mentfornew arrangements, by observing, " that he is nqt 
 " aware of any differences that have occurred in recent years 
 •'connected with the Newfoundland Fisheries, which are 
 '• calculated to endanger the amicable relations subsisting 
 " between Qreat Britain and Franc^," - - 
 
 Even in respect to the Salmon Fisheries, Governor Darl- 
 iNo's Nie\ys ar« far more favorable to British interests than 
 the conditions of the Convention or the terms acceded to 
 

 'by Mr. Archibald and the Executive Council of 1853.— Thes© 
 ■all concede the right as high as the " salt water," 
 
 ^Governor Darling regards that right as distinctly limited 
 junder existing Treaties-to " all kinds of fish thnt can be 
 *' caught upon the coa«t." (House of Assembly Papers, 
 Page 58 ) The word " Coasf'being defined fon the autho. 
 xity of Johnsonj in the printed Convention Papers, and 
 therefore do daubt before Mr. Darling, when he drew up his 
 opinion as " the edge or margin of the'land next the sea ; the 
 Bhore. It is " not used for the Bariks of less waters." 
 (House of Assembly Papers, Page- 14.^ 
 
 Does Governor DARLii^G'ssettlepient- on the principle of 
 the *' Treaties, the whole Treati^, and nothing but the 
 Treaties," involve a right of strand of. half a mile in width, or 
 the cession to the French of the exclusive use of Groais and 
 Belle Isle ; (the Greyjslan4s) upon o^e of which a British 
 settlement has beenior some years established ; or is there a 
 syllable in all he has written on the subject, which can be 
 tortured into an admission of the French right to these advan- 
 tages under the Treaties ? 
 
 But unfortunately not only these advantages, but the con- 
 cession of an .exclusive right with all its .legal conse(juence8, 
 already referred to upon tli« best coastal fishing grounds of 
 Newfoundland were consented to by Mr. Hamilton's Council, 
 as the basis upon which a revision of suhsistmg Treaties 
 naight be made ; and the necessit.y for such a revision urged 
 by asserting the existence of continued aggressions and 
 disputes. 
 
 ^More need not now be said on these points. — It is a matter 
 of perfect notoriety, that the impartial and most intelligent 
 portion of the community, including many influential mer- 
 chants resident in Newfoundland, regard the settlement sug- 
 gested by Governor DarUng, as that which at the present 
 period of the History of the Colony is of all feasible arrange- 
 
H 
 
 ni^nts the best calculated to promote its interests ; and that 
 
 this opinion Nvil be shared in by the merchants resident in 
 
 England generally, may be fairly inferred from the Memorial 
 
 addressed to^the House of Commons by that portion of those 
 
 gentlemen ^vho are cbmg business at Liverpool, in which they 
 
 istincty affirm. ' Uiat there is no wish on the part of the 
 
 British Merchants or Fishermen to msettle the conditions 
 
 and regulations of the existing Treaties between the twocoun- 
 
 ^ tries 111 reference to the said Fisheries^ that no disputes 
 
 ^^ or msmdcrstandings have arisen such as need render it necessary 
 
 to define their respective rights, much less to change thm.'' 
 
 A large majority of the Legislative Council of the Colonv 
 entirely concur in Mr. Darling's views, and have eraphati-' 
 cally expressed that concurrence. There is no doubt that 
 the majority of the House of Assembly also would have af. 
 ■ fiP'^/i^^^^^'^oP^^j^n.hadthe'ijroper opportunity been 
 afforded-^Battle was m fact offered on this ground and pru- 
 dently dechned ; but the party who shrank from open fight 
 have not been ashamed to resort to more covert warfare. ' 
 
 Suppression and garbling of public Documents, to which 
 more than one of these persons and their coadjutors of the 
 Press have resorted have tended to mystify, in some degree, 
 minds well disposed to give honest consideration to a ques- 
 tion in which all the inhabitants of the colony are so deeplv 
 concerned' > . ' uu^vi ^•'^ 
 
 The authors object has simply been to clear up this mys- 
 tification, and to defeat the schemes of those who have reck- 
 lessly mahgned public character, and impeached moral prin- 
 ciple for no better reason than that the occasion was one 
 Which might be turned to account in the promotion of their 
 cwnpohtical and pecuniary interests. 
 
I that 
 nt in 
 lorial 
 :hose 
 they 
 ■the 
 itions 
 oun- 
 )utes 
 ssary 
 
 any 
 
 atiV' 
 that 
 I af. 
 >een 
 ani- 
 ght, 
 
 lich 
 the 
 ree, 
 
 les- 
 
 ply 
 
 ys- 
 
 2k- 
 
 in- 
 
 >ne 
 eir 
 
(APPENDIX No. 1.) 
 
 (CoTr.) 
 No. 06. 
 
 Newfoundland, 
 
 Govemment-Houte, 
 
 St. John's, 2Qrd July, 1856. 
 
 Sir, — The Question of the Colonial Fisheries, and of th« rdativc 
 Eights of France and Great Britain upon the Coasts of Newfoundland 
 •\mder existing Treaties, has naturally engaged my attention from the 
 ■moment of my assumption of tlie Government ; and my recent yoya<5© 
 Tound the Island, including a visit to the Labrador Coast, has afforded 
 me opportunities of personal observation and information, which have 
 enabled me either to correct or confirm the opinions on this iubject, 
 which I had previously been led to form. 
 
 2nd. — Under the impression that the negotiations with France upon 
 this question, which were brought under the notice of my predecessor, 
 in the Duke of Newcastle's Confidential Despatch of the 19th August, 
 1853, and upon which Mr. Hamilton reported in his Despatch, No. G7, 
 of the 28th September, in that year, have been actively resumed since 
 the conclusion of the general peace : I think it my duty respectfully to 
 submit to Her Majesty's Government the conclusions at which I have 
 myself arrived, after a careful consideration of the various points involv- 
 ed, and with a considerable knowledge of the opinions of those whoso 
 interests are largely concerned in any change which should materially 
 alter the position in which that question at present stands. 
 
 3rd. — In the first place, I must beg to observe, that I am dealing 
 with the whole question upon a very diflerent basis from that adopted 
 by my predecessor. Mr. Hamilton refrained from any discussion of the 
 claim of the French to an exclusive right of Fishery within the limits 
 assigned to them by Treaty, observing that he considers it unanswera- 
 bly shewn by Documents, to which he refers, that that claim is without 
 «ny foundation. 
 
Jth.-In this conclusion I find myself unable to conrur. and ns, aftv, 
 .xaimning tho question to tl.o best of n>y ability, and considering it by 
 h 1 S "^/ J^^c^.n^onts as are within my ro.ch in the colony. 1 
 
 buye drawn up the Itationalo of my opinion. I tolco the liberty of trans- 
 mitting a copy of that paper herewith. 
 
 S.-Tho more Question of Pight, howeycr, docs not appear to be of 
 much importance, since the latest fristructions of Her Maiestv's Gor- 
 ernment, conveyed by Lord Stanleys Desj.atch to Governqr Sir John 
 Haryey No 104, of the 29th July, I81M, lays doun for the guidance 
 of the Local Government the decision that " Great Britain is bound 
 to permit the subjects of France to fish during the season in Districts 
 specified by the Ireaty and Declaration of I7h.'3. free from any intei- 
 
 - tCS-'^f w' F"""',^^ ^^'T^' ^''^^''''' ^"^ '1^"^' ^f '^^'^'^ be room iu 
 ^^ these Districts lor the Fishermen of both Nations to fish without in- 
 ^^ tcrfeping with each other, this Country is not bound to prevent her 
 ^^ bubjects from fislung there." 7\nd fiu-ther. that as there is " no Limi- 
 ^ tation in the Ireaty as to the description of fish which the French 
 are entitled to take ; their claim to fish for Salmon must also be ad- 
 mitted to Its full extent. This decision is based upon the opinion of 
 
 FrenJi^ !.„'''';. ^^T'-^'^'^^^'^' ^^'^y- ^^^'''' '^ the effect tliat the 
 irench have the exclusive right of Fishery," modified by their sub- 
 sequent statements of the l7th April, 1887, that in their pr^v us opi- 
 mon they ho Crown Law Officers) have gone ftu-ther than the circum- 
 stances of the case fair y warrant, and that they thought « Great Bri- 
 tain has bound herself to pernnt the Subjects of France to fish during 
 the season in the allotted District, free from any interruption oh! 
 
 JTJ ?'''f' 'V^'Jf''.' ^"'^ ^''^'"'S' fh'^^ " tiiere were really 
 good room " witlnn the limits of the District iu question, for the tish- 
 e men of both Nations to fish without interfering with each oUier 
 ^ hen we do not think that this country would be bound to prov u 
 
 " of n '^^' f i'T ^,f "."^^'^r • . I^ m^^^rs, however, from the ReiK^rt 
 of Admnal Sir V. Halket, tliat this is hardly practicable, and we are 
 _ o o ..n.un that, according to the true construction of the Treaty aud 
 ^ Da.Ianinon, P.riush Subjects ureprcoluded from fishing, if they "there- 
 by cause interruption to the French l-'ishcry." 
 
 Ji'liThlinf^'^'Tr'T' "' !'' '^'' I'^^''"'^ ^f ^"- ^'- H«lkets Report, 
 md at tliat of Sir f Cochrane s Report on the 26th November, 1830 
 
 Swn'l"?'^"f f'*'"''^^-^ "f '^^""^ ^'"^' '^'^ -I'i^hermen of both' Nat I'ons tJ 
 hsh and dry hsh within th- French limits without interfering with each 
 other-and Uie French have therefore always had, and havc^at prein 
 
the riirht practically to onjoy tlKiir fisliory to tho oxolusion of British 
 Hul))(iot3 U3 C(jm])lutcly as if that llight wuscoufirmcd to them iuexpresa 
 t.tjrins. . 
 
 7th. — Starting then from this point, I noncoivo tliiit the Frotit-li aro 
 cnlitk'd to expect, that not only all fixed Settlomonts shoidd bo removed, 
 but that all Ikitish Subjecta should be rcfpiircd to depart from their 
 limits, during tho annual period of their temporary occupation of the 
 Cuasi for Fishing purposes. If this be conceded 'and enforced, every 
 demand which the French have even the color of a right to athlress lo 
 (ireat Britain, upon the ground of Treaty obligation, will have been 
 complied with. But, on tho other hand, a similar rigid compliauco 
 with the letter of tho Treaties, and the interpretation given to then, m 
 shown by tlio. Proclamations of the Governors of Kewfouud land, would 
 of course bo required on the part of the French. And Her Aljyesty's 
 tiovernment may bo assured, that as this mutual obligation would in- 
 volve sacrifices on thg pact of Commercial Associations in France, ia 
 connexion with a system founded on national policy, far greater than 
 they could entail upon tho interests of British Subjects, and those sub- 
 jects very few in number, no such rigid jjroceeding would bo insisted 
 upon. The French Establishments upon the coast, although in most 
 cases of a temporary oliaracter, yet far exceed in extent and variety mere 
 " stages and huts necessary and usual for drying 'ish," and the resi- 
 dence of British Subjects has been always deliberately encouraged by 
 the French, since in them thevfind the necessary " guardians" for their 
 F^stablishments when they themselves return to Euroi)e at the close of 
 tho Fishing Season. 
 
 8th.— In negotiating therefore with the French upon this point, I 
 believe that if the principle of " the Treaties, the whole Treaties, and 
 nothing but the Treaties" be insisted upon and seriously proposed to 
 be enforced, it will be found there is no bona fide desire to disturb tho 
 existing irregular state of things, which has not only never occasioned 
 tho slightest real infringement upon the privileges and advantages con- 
 ceded to the F'rench, but on tho contrary has operated very much to 
 their benefit and convenience. Within the scope of these observi^- 
 tions I distinctly include tho Settlement of St. George's Bay, which has 
 sprung up not merely without encouragement upon the part of the 
 British Government, but in defiance of Proclamations from the 
 British Authorities in Newfoundland, issued at various periods since 
 the Peace of 1783. The Address of Governor Sir John Harvey to the 
 luhabitants of this Bay, as late as the year 1844, (see his Despatch oK 
 tho 2nd September of that year) clearly refers to the very equivocal 
 
iiotur*of the circmnsfance* under wiiich that Settlement had ottainci 
 its then «.»!' '))/p? I'raeusjons, aud affirms tho 'uporary nature of th« 
 reaidojioo oi its i»iJi«i' itants. 
 
 0th.— This rigid enforcement of tlie Trcntics according to the French 
 construction of thm Wing conceded, tlio objects wnich the French now 
 seek to obtain can only be regarded as additional advantages for which 
 Ihey offer wl^at they must bo presumed as considering to be an cquiva- 
 lent. The proi)osed advantages to be conferred upon the French arc ; 
 
 Ist.— The Right to purchase and fish for Herrings and ^ai.lin on the 
 South Coast oi Newfoundland. 
 
 2nd.— The Right to fish during two months (witliout curing or dry- 
 ing on shore) on a part of the Labrador, 
 
 «rd.— The Right ol Fishing at Belle Islo, at the Northern extremity 
 of the Straits of that naiuc. The equivalent concession on their part 
 ''Hs to be an admission of the right of British Subjects to inhabit St. 
 * orge's Hay, and to carry on die fishery Uiere in common with the 
 French citizens. 
 
 10.— When it is borne in mind that the fishery in the Bay of St. 
 George is simply a Herring Fishery ; that so far as it is carried on by 
 the French, it is so carried on solely for the purpose of obtaining Bait 
 for their Cod Fishery on the Coast North and South in the immediate 
 neigl-.bourhood in the Bay of St. George— that they now obtain this 
 Bait to any extent which they desire, and that it is well known that in 
 other respects the existence of the settlement is a convenience and ad- 
 vantage to them : their expectation of obtaining, in return, the abso- 
 lute right to jnirchase and fish for bait for the prosecution of their 
 Bank Fisherii, and in addition to their present exclusive privileges on 
 about four hundred miles of the coast of Newfoundland, (including 
 some of its bfst fishing grounds) a participation in the valuable Fish- 
 eries of Labrador and off the Island of Belle Isle, 'xmountsto a preten- 
 sion on the part of the French, which I must say, can only be looke ' 
 upon as perfectly preposterous, and has been very properly regarded 
 as such by Sir Anthony Perrier, Mr. Archibald, and Mr. Strachey. 
 Their proposition may indeed be justly described, when regarded in 
 the national beaiiaor, as one of which the advantage is wholly on th« 
 French side. 
 
 11th. — As it is nc'sA -.3 fha ;ie French never fail to obtain a sup- 
 ply of Bait upon tlv^^ So '.^ .vust to the value of at least £20,000 a 
 
' yctir, an lulruission (o wliioh cfTuct has occasioniilly been made by 
 [-'reuch OtUcera ami Authorities ; thero can bo litll doubt that ttieir 
 iiiaia object iu the specific proposals putlbrtli in 1852, ia to securo an 
 uckiiowlodged footing on the Coast of Labrador and off Belle Isle. — 
 During my recout tour when at Croq and Capo Ilougo Harbors, I had 
 moro tluui out opjiortuuity of testing the groat irnportauce tho French 
 attach ••> t'x Fiili.iy at Hello Isle ; and they were all well inforuiod of 
 the fact that iho Colonial Uoverninent hud appointed a Cruiser to iiro- 
 tect that t'is lery during tho present season. 
 
 i;4th. — I have already, on more than ono occasion expressed my 
 opinion, th^it, under the operation of tho Reciprocity Treaty with tho 
 United States, it will bo impossible to prevent tho French from obtain- 
 ing ample supplies of Herring and Caplin Bait ; but if their desire to 
 possess aright to purchase it from tho British Fishermen on the South 
 Coast, bo a bona Jide one (and I think it would bo very unjust to our 
 Fishermen, to give under any circumstances a right to the French to 
 fish for Bait beyond tho !Mid Channel., as at present prescribed) thcj 
 British Government will, of course, bo in a position to demand somo 
 equivalent advantage ; and, in that case it might be proposed to tho 
 French to smrender their exclusive Right in St. George's Bay, viz : on 
 tho coast between Capo St. Georgo and Capo Angiiillc, without any 
 restriction as to purchasing Bait tbero — and from Capo Anguille, 
 Southwaid, to Capo Ray. 
 
 13th. — By such an arrangement, tho only Cod Fishery they woiUd bo 
 asked to abandon, would bo that at Cod Roy, to tho Southward of Capo 
 Anguille ; while they would retain those to which they attach much 
 importance, to the Northward of St. George's, viz. : Red Island, Port a 
 Port, and Lark Harbor. If the point of ditficulty should bo found ^ 
 consist iu the surrender of the Fishery at Cod Roy, and appear insur- 
 mountable, the proposal might be eventually limited to the coast of St. 
 George's Bay, viz : between Cape St. George and Capo Anguille. 
 
 14th. — If, however, the French, comprehending tho facility with 
 which, as I assume, they may in future obtain Bait through tiie Ameri- 
 cans, should abandon altogether that question, as ono of no import- 
 ance, and although the prospect of the cession of their temporary rights 
 in George's Bay and its neighbourhood, should altogether fall with. 
 that abandonment, I must still very strongly urge my opinion against 
 any further privilege or advantage being conceded to tho French be- 
 yond those which they no-w enjoy by Treaties, and which I would pro- 
 
6 
 
 S/Jl'"''^ ^1 reciprocally enforced in all their details according to the 
 >iew3 I have already explained. But above all. I would earnesUv nro 
 
 dent that no arrangement could be more dangerous to the preXvSn 
 of good understanding and concord between the subjects of both Na 
 
 aJ!l!i''Zl''V.u^'^ '"'T'^ f ""^ ''°y argument as to equitable claim 
 on the part of the French to be admitted to the Fishery at Belle Isle 
 ^ch maybe advanced upon the ground that they we^retS per 
 ed no Va^rtTti:' Tr • ''V' '' ''^'f^ ""'^'^"^^^- }^''' Island^ m- 
 
 Frencb honW ""''''• '''."'*^ ^ Proclamation in consequence of 
 French boats having persisted in resorting to that Island, notifying that 
 
 tle^::r^::::l-''''^'^' hereafter be met therl Ldd 
 
 t)08^1''T~i'.lv/''P/''^""^.°^'"°^,^'''' °P^°^«"^ "P°" tJ'« French pro- 
 }h« rnnV !• f S''"'" 1° no other Documents upon the subject than 
 the Confidential Despatches of the Secretary of State to mv predecessor 
 their .'J^^ August 1852, and 10th August, 1853;re"p'ecS;; S 
 their enclosures, and I am therefore of course, unaware whetlier any 
 
 IZ7Z:\"^'''T''\'^^'!'^''''' ''^''' ^''^^ '^' Newfoundland Fish^ 
 ovll^ IT °^T'^ ^J ^^' ^'''''''^' ^° counterbalance the greatly in- 
 tClhnr'"''^'' 'V\^"^' '°"^'^* ^'' themselves, in connection il 
 tbose fishcries-or whether considerations of State policy may be deem 
 ed to render it expedient that such advantages should be yielded w t - 
 out equivalent concessions. 
 
 of Jha?;7tnrJ°."^'^ ^? '''^*'°^ ""y ^'""'''"'^ *° ^^^J ^^i^'i consideration, 
 be 1^ ','''' ^f ?.y «"«h exist ; I can neither surmise what may 
 be the cMcumstances which constitute the question a difficult and haz 
 
 '''otrjuiTe Th^"'^' ^" ''^T- ^^'^-g^-'^ J^"" to Mr.MSe'f 
 Hit ..otn .June iHDa— nor am I acquainted with any differences that 
 
 have occurred in recent years, connected with the NeifSland Fi t 
 
 nrWn GW ff "^ '" r^'^"°""" ^^'^ ^""^'^^'« relations subsis - 
 lug oetween Oreat Britain and France, 
 
 18.— There is certainly one largo point of view, in which the whola 
 Sg." '"''•'"'' ''''^'' '' ''''''^ ' ^^'«"' I ''-''' ^'^ pardoned for at 
 
T 
 
 I'.uli. — A glance at the map shows tho j)osition which this Island oc- 
 <Mi]aos in the territorial expanse of tho British Government, Ivirg con- 
 siderably nearer to the Mother Country than any other of her 'J'ransut- 
 huitic Possessions, distant in fact nt tho i)rescnt rate of locomotion, only 
 about 101 hours steaming from the nearest point of the British Islands; 
 commanding by its tituation tho ocean approaches to those splendid 
 Provinces whose resources and spirit of enterprise are rapidly briiiginjj 
 them up to a \o\e\ with States diignified with tho name of " Nation f 
 the effort about to bo made, and there is just ground for hoping, made 
 too with success, to place it by means of Electric Communication with- 
 in a few minutes reach of tho Instructions of tho Imperial Government ; 
 its shores abounding witli fine harbours, and its surrounding seas with, 
 the sources of wealth, while its iidial)itants are a manly and energetic 
 race, derived for the most part from those portions of the United King- 
 dom which are nearest to the Colony itself— it may fairly be regarded as 
 being, for all political and commercial purposes, in as close connection 
 with the Parent State as Ireland and the Channel Islands were at the 
 dose of the last century. Yet, the'political position of a dependency 
 thus favored is such that a foreign State enjoys— and cherishes with a 
 full appreciation of its value and importance — a right to the use of at 
 least one half its line of coast, and avails itself of the rigkt in such a 
 manner, as effectually to close that portion of the Coast, for all practical 
 purposes, against the people of tho State to which the soil of the Colony 
 belongs. 
 
 20th.— England possesses an abundance of wealth, which she seems 
 never reluctant to pour out for a truly national object ; and the object 
 of redeeming this valuable possession from its present unnatural posi- 
 tion might not be deemed altogether unworthy of the consideration of 
 the Imperial Government and Parliament ; while such a consummation 
 would, without violating any principle of commercial freedom, assuredly 
 augment to an incalculabJo extent tlie profits of the national capital 
 employed in this quarter of Her Majesty's Dominions. 
 
 I have, Ac, 
 
 (Signed,) 
 
 The Eight Honorable 
 
 H. LABorcHEiiE, M, P., &c., &c., ice. 
 
 C. H. DARLING. 
 
^APPENDIX No. 2.) 
 
 Extract from Mr. T. Hyde VilUer a Letter to JR. W. 
 Hay, Esq., 20th Oct., 1830. 
 
 The French Minister next proposed as an abatement 
 of his former demand, that England should give np ex- 
 clusively, to the Frericli during the Fishing season, the 
 xvhole of the coast from Cape St. John, passing round 
 the Northern Point down to Cape Ray on the South 
 Western extremity (the point to which upon the author- 
 ity of Herman Moll, they had already pretended a right 
 of extending their Fishery) and round to a place on tho 
 Southern Shore, called Capo ISIay, in the Map of Herman 
 Moll (this place is not laid down in some maps, but ia 
 situate in latitude, 48 degrees, and longitude 54 degrees.) 
 He alleged this would have the peculiar advantage of 
 settling at once the two points in dispute, — it would give 
 the French compensation for the territory they have lost, 
 and would do away with their differences resjiecting the 
 true situation of Point Eiche. This was refused, and 
 the first concession made was, that of offering to fix Cape 
 Ray as tlie boundary to the South-westward, giving to 
 the French about 190 miles of coast, instead of about GO 
 or 70 miles of.coast on the other side, which they gave up. 
 
 To this M. de Vergences agreed (0th Oct. 1 782) in an 
 official note, on the condition that the French should en- 
 joy their Fishery to the exclusion of the English. 
 58th Oct. 1783. Mr. Fitzherbert insisted on the very ample additional 
 share of coast that was offered, and that the French 
 Court should be content, without insisting upon their 
 demand for an exclusive fishery ; and he reports the Min- 
 ister not to be disposed to insist strenuously on the point. 
 
 At length, however, it was found that this point of ex- 
 clusive right was the only remaining point of difference 
 between the negotiators. After much argument, Mr. 
 Fitzherbert gives the following account of the arrange- 
 ment which was made, viz. : that he at last ventured to 
 propose as a mezzo termini (taking care, however, to add 
 
 Sth Not. 1782. 
 
10 
 
 that the proposition came merely from himself) tijat the 
 exclusive right should not be mentioned in the Treaty, 
 hut that we sliould promise "ministcrielment," to se- 
 cure it to the French Fishermen, by means of prnjier 
 instructions to that effect to the Governors of Newfound- 
 os ? V i~ land, and. to this U. de Vergcnces consented. Lord 
 -,Jra^ov. l.SiJ.Grotham, Secretary of State lor Foreign Aflkirs, thus 
 expresses himself in reference to the preliminary articles 
 Rafter he had received the nbovcy' " Great pains have 
 been taken to avoid mentioning the fishery as exclusive 
 riglit ; the 3rd Article is cautiously -worded for that pur- 
 pose. However it is vei-y desirable that it should l)e left 
 oiit,, and that the French should be contented with as, 
 strong a^ssurances of not being molested, as. can be given 
 in the King's nanae." France complained with reason 
 that the French Settlements of the British had trenched 
 upon her concurrent .rights. It would have been a re- 
 medy for this, if Great Britain either had conceded an 
 exclusive right upon another i)art of the coast, or had re- 
 iormed her own prgbity with a view to restrain the en- 
 croachments of her subjects, It is plain, however, that . 
 neither of these, cases could well have been adoj^ted. 
 Any pronwse of reform in the conduct of the British 
 fishei-men, after the correspondence that had passed be- . 
 tween the two, Courts during the peace of 1703, would 
 probably not have i)roved satisfactory to France ; and 
 the British Minister dared not, and expressly refuses to, 
 concede the exclusive r'ujht. A "mezzo termini" was 
 ' " ' therefore pro]iosed and agreed to, namely, that although 
 
 F'ngland should reserve her right of Fishing, yet that 
 Fnmee shoidd have the strongest possible guarantee 
 fi^Minst tlw roeurrence of her Ibrraer causes of com- ,. 
 filaiiit, which should hebiiidinp in all time to come ; and 
 tlmt so long. fts "the private promise of the existing 
 Adiuiuistrntion in Enghuid could bo binding, they 
 should, by Instructions to the Guver«orj be fdlowed the 
 cxcliisive enjoyment of their Fishery : tlius leaving coov 
 ])letely open dicfutufe resu;iipU(jn of tlio right, at any 
 ])eriod when it might be found j)racticable, otherwise 
 to secure. France upon .the points upon whicli she had 
 the guarantee of England. 
 
 
 Uii 
 
 AMHoiis XoTE.— If suocoeJhiffAdiniiiistrfltions l.ud not all upbejil niid contiiuu-d 
 [HM/iaist', tbe case would .loubik'sg be very difl'ci'fist. 
 
 tl 
 tl 
 
 n 
 t' 
 d 
 
 Tli 
 
 ci 
 ir 
 tl 
 
n 
 
 Since the furcgoii,,!,'. pnges wont to Press, the foil 
 
 owing important 
 
 cspatches from the Secretary of State for the Colonics have 1 
 
 «'oive 
 
 id by ( 
 
 )een ro 
 
 iovKRNoK Darling. 'Ihey convev the gratifying intelligence 
 tliat the Convention is a (7crt(Z letter— that our "maritime andtcrri- 
 Innal liiijlds" are guarded safely by our own ConsUtution— that the 
 lintish (iovernment will not attempt to alienate or share them with 
 any Foreign Power without the consent of tlie Local Legislature, prov- 
 ing, beyond cavil, the efficacy of Solf-govcrnment, and the honestv of 
 the. course ]nirsued upon this important question by ]\lr. Darling and 
 his Ministry. What a pity that the sanguine hopes of the Opposition 
 J:»elegates of discovering in Downing Street a flaw in His Excellency's 
 political virtue and fidelity to the Colony, have been thus. premature'lv 
 blasted ! Their golden ])rospects are now worse than " dead sea fruits,' 
 and if their friends and admirers cannot fully participate in the exulta- 
 tion of the rest of the Inhabitants, arising from the vindication of their 
 Ijigbts by the local Government, and their jjrompt recognition by the 
 Crown, pcrha4>g they .may derive some consolation from an attentive 
 jterusal of those pages— and thus become wiser and more discreet in 
 the formation of their opinions and the expression of tlieir censure .— - 
 
 (Copy, 
 No. (50.) , 
 
 Downing Strekt. ) 
 2Gtli March, 1857.1 
 
 Shj,— I have to aelvnowledge your Despatches of the numbers and 
 
 No. 8, 7th Feb., "57. dates ST)rnifi..<l in tbo ,T,nrn-;» 
 
 11,3rd March. 
 I~', 4th March. 
 yi, 5th ilarch. 
 
 dates specified in the margin. 
 
 ^'''^^" -^^^^ -^^^^'^^y'^ Go'errnnent entered into the Convention with 
 that of France, which has formed the occasion of that correspondence, 
 tlicy did so in the hope of bringing to a satisfactory o,rrangement the 
 m*ny complicated and difficidt questions which have arisen between the 
 two countries on the subject of the Newfoundland Fisheries. Biuthev' 
 •^^r^'^ tl^^Mlintenticn of adherjjigJxLlffl^pniicifdes, which hfu-e 
 gmded Ihem and will continue to, guide^jliem, nainely, that tiifi^ripht^ 
 Tit present_enjoye(T by tTie community of Newfoundland are not to bo 
 certed-QrjexcBang^a-without their aWent, ami thal-thS ooTistitu tiouar 
 moittrot suBrniTTing meaSureXfoOl^asicMIlOi 
 tlTC^otiialXcgislatim;. "Tor this reaiion tliey pursued tjie same form 
 ol proocrding which had been before plusued in the case of the liccip.ro- 
 
12 
 
 city Convention with the United States, and whicli was in tliat .-i-, 
 adopted and acted upon by the Newfoundland Legislature. It was in 
 perfect uniformity with the same precedent, that it appeared necessary 
 m the present instance to add a condition respecting Parliamentary 
 -Enactment, in order that, if necessary, any existing obstacles to the 
 arrangement in the series of Imperial Statutes might bo subsequently 
 remoTeq. ^ ^ 
 
 The proposals contained in the Convention having been now 
 unequivocally refused by the Colony, they will of course fall to tho 
 ground ; and you are authorized to give such assurance as you may 
 think proper that the consent of the community of Newfoundland is 
 regarded by Her Majesty's Government as the essential prelimiuarv to 
 any modification of their territorial or maritime rights 
 
 I have, d'c, 
 (Signed,) 
 
 H. LABOUCHERE. 
 
 Governor Darling, &c., &c., &c. 
 
 (Copy, 
 ■Confidential.^ 
 
 l)owNiNG Street, 1 
 26th March, 1867.} 
 
 Sir,— In connection with my Despatch of this days date, answer- 
 ing yoiu:3 on the subject of the reception of the Fishery Convention bv 
 the Legislature of Newfoundland, I have to convey to you the full an- 
 proval of Her Majesty's Government of yoiu: own conduct in reference 
 to tlie measure which they entrusted to your charge. 
 
 I have marked this Despatch " Confidential," but you are at libertf 
 to make euch use of it as you may yourself deem expedient. 
 
 I have, &o., 
 r^Signed,> 
 Governor Darling, &o., &c., &e. 
 
 H. LABOUCHERE.