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Presented to both Houses of Parliament by Command of Her Majesty. March 1891. LONDON: PRINTED FOR HER MAJESTY'S STATIONURT OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, VKIHTIRS IN OROINAHV TO HIR MAJIITT. And to be p'uchued, either directly or througli any BooicMller, firom ., EYRE AND SFOTTISWOOSE, East Haroino Stbbit, Flirt Strut, B.C.; or ' JOHN MENZIBS & Co., 12, Hanotrr Strut, EDiMiDRoa, and 21, Drurt Strut, Glassowi or HODGE&, FIOGIS, & Co.. 104, Graftoh Strut, Dublin. [C— 6256.] Price Is. 2id. TABLE OF CONTENTS. Ko. Name. Date. Subject Page 1 Earl of Lytton ,. June 6, 1890 Conversation with M. Ribot. French Government hope to arrive at a general settlement, but con- sider that Her Majesty's Government should take the initiative in making proposals, after consulting the Colonial Representatives 1 2 Admiralty . , 10, Reports of Naval Officers on Newfoundland Station. Orders issued by Sir B. Walker re- specting the carrying out of the mndtu vivtndi , . 1 3 Colonial Office 16, Transmits copy of a despatch from the Governor of Newfoundland, inclosing a Petition to the Queen on the 8ul)ject of French Treaty rights, and protesting against the modus vivendi 4 4 •> » • • • • I6i Transmits copies of correspondence with Admiralty respecting instructions issued to naval officers on Newfoundland Station for the removal of cod- traps when they interfere with French fisheries . . 6 a Lord Kiiutsford to Governor Sir T. O'Brien 24, Answer to the Petition inclosed in No. 3. Explains true nature of the modus vivendi, and its temporary character. Difficulties in the way of arriving at a final settlement of the differences with France . . . . . . , . 7 6 Colonial Office . , 26, Reported landing of a French armed force in St. George's Bay. Transmits copy of despatch from Governor of Newfoundland, inclosing copies of correspondence showing the newspaper accounts to be quite unrchable .. .. .. 8 7 If » • • • ■ 27, Alleged disturbances at Port-a-Port. Telegram from Governor, reporting rumour to be unfounded 11 8 Earl of Lytton July 5, French fishery bounties. Bill prolonging them till 1901 passed Chamber of Deputies 11 9 Admiralty 8i Transmits copy of lleport by Lieutenant Gray on the working of the Newfoundland Bait Laws 11 10 ) •• • * 8, Occurrences at St. George's Bay. Full Report by Sir B. Walker .. 13 11 If •» •• 111 Transmits lleports by Sir B. Walker and Com- mander Riddel. Delimitation under the modus vivendi of the fishing grounds at St. Margaret's Bay. Notice to close served on M. Lnroux's lobster factory 15 12 Earl of Lytton , . , , 20, Frenoh shipping at. and export of cod from, St. Pierre. Note extracted from the '' Journal Officiel" 16 13 Colonial Office .. ,, 21i Transmits copy of an Address to the Queen passed by both Houses of the Newfoundland Legis ature. Proposes to defer answering it pending the nego- tiations with Colonial Delegates 17 14 Admiralty . . 23, Misstatements of Newfoundland newspapers. Report by Sir B. Walker, explaining the real facts 20 16 Earl of Lytton .. 25, French bounties. Prolongation Bill passed by Senate . . 22 16 Colonial Office ,, 28, Transmits copy of a desp.itch from Governor, inclosing lleport by Sir B. Walker. Quiet state of tlip west coast. Proposed action against Sir B. Walker for closing Mr. Baird's lobster (iictory. Letter from Nlr. Howley on the grievances of the inhabitants of the west coast . . 22 17 II II •• •• Aug. 2, Transmits copy of a Memorandum by Sir W. White- way, suggesting the bases of a settlement by arbitration 25 18 Admiralty ! 7, Transmits lleport by Sir B. Walker on his pro- ceedings in connection with the closin ,' of two Biitisli lobster factories. Conciliatory i ttitude of French Commodore 25 •1!' Comnunder Uiddel to Captain Sir B. Walker July 8, Heportof proceedings in connection with tlv lobster fislieries. Coi)ies of correspnudence will' French Commodore respecting complaints agair^t Britisli , fishing vossi'ls and action taken thereon * * * 25 [84] a • V] ■^> ^v , V TABLE OP CONTENTS. lU No. 90 21 22 33 24 2S 26 27 Name. 29 80 31 82 83 34 85 .36 37 Lieutenant-Commander Oray to Captain Sir B. Walker Admiralty ,. To Earl of Lytton,. Earl nf Lytton . . Date. July 12. lb90 Sept. 2, 24. 26, II l> « »l - • • Colonial Office To Earl of Lytton Admiralty • • • • . Oct. 4, 30, Nov. 10, 17. 14, 17, Colonial Office .. „ I, • • M. Waddington ,. Colonial Office .. Earl of Lytton ,. Colonial Office . . )i i» • • 21, 22, 28, 29, Dec. 11, 20, 31, Jan. 5, 1891 Subject. Hoarding by French man-of-war of Briliih fishing vesseU, alleged to be without name& or papers, and engaged in tishing with cod-traps. Protest made to French Captain . . . . . . Transmits copies of Itcports by Commander Riddel on his proceedings when visiting various ports, and giving details as to the lobster and cod fitlieries Instructions to submit to French Government pro- posals lor a general settlement of the Newfound- land Fishery question . . . . Conversation with M. RIbot on communicating to him above proposals. Their unfavourable recep- tion. Definite answer promised after consideration by French Cibinet . ., .. ., I'ransmits copy of note from M. Ribot, stating that the Minister of Marine has been requested to take the Itritish proposals into immediate con- sideration ,. .. .. ,. Rejection of British proposals by French Govern- ment. The latter willing to negotiate with a view to a settlement by arbitration, or by an agree- ment analogous to that of 1885. Note from M. Ribul ,. ,. .. ., Transmits copy of despatch to Governor of New- foundland, reviewing the course of the negotia- tions with the Newfoundland Delegates, and stating that negotiations have been opened with France , . . . , . , . , , Conversation with the French Ambassador. Pro- posal of Newfoundland Delegates for extinguish- ing the French Treaty rights and discontinuing the French bounties, in consideration of freedom of bait supply and some pecuniary compensation,. Transmits copies of Reports by naval officers on Newfoundland Station, on British and French lobster factories . .. ., ,, Transmits copy of Sir B. Walker's Report on the working of the modutt vivendi, inclosing corre- spondence with French Commodore . . Naval Reports on the fisheries during last season sent to Colonial Office, for transmission to Foreign Office. Proposes to approve proceedings of naval officers .. ,, .. .. Alleged interference of Mr, Shearer's lobster fishnry with French fishing operations. Transmits copy of letter from Admiralty, inclosing Report l)y iir H, Walker, with correspondence between British and French naval officers . . Transmits copy of telegram to Governor of New- foundland, urging that, as negotiations with France for a settlement by arbitration will require time, the statutory sanction of Colonial Legislature should be obtained for a renewal of last year's modus vivendi . . . . . . . . Refusal of French Government to negotiate on the basis proposed in Nos. 23 and 27 . .. Telegram from Governor, stating that his Govern- ment will only consent to arbitration if it includes withdrawal of French from Treaty Shore, and that they decline to propose legislation for the renewal of the modus vivendi ,. . . nebate in French Senate on the question of a general settlement. Transmits Report of discussion ex- tracted from the " Journal Officiel " .. .. .Vction against Sir B. Walker threatened by Messrs. Payzaiit and Fraser for closing their lobster factory. Transmits copy of Admiralty letter, inclosing Report by Sir B. Walker . . Triinsmits copy of Admiralty letter, inclosing naval Reports for last fishery season, and despatch to Governor of Newfoundland, calling his attention to the several points noted in tliese Reports. Suggests representation to French Government respecting the illicit traffic in spirits between St. Pierre and the Newfoundland coast Page 30 31 32 34 35 36 38 40 40 51 37 57 62 62 64 65 68 71 «i) H ^ '^iHk^&^^-i^Mi^ tv TABLE OF CONTENTS. rs 3-Ai!niiral 20, ^V;^l•.ou I To M. Va(l(lin;;li,ii To Earl of Lvltoii.. 48 Colonial Ollicc ., I SO DiM-l;:ration ,, 51 M. Waiiciington .. fi'^ To M. Waildlngton 15, 15, IG, 10, • ■ I 20, .. Feb. 11, 14, 27, Mar. 6, 11 11, 11. Sir U. Walker's Heport on the workini^ of tlic modus Vivendi. Keqiipsts tliat approval of hi« proceodinf^B by Her Mujeity's Government be conveyed f 3 him .. .. .. Illicit traffic in spirits between St. Pierre and New- fnnndlnnd const. Inotrnctions to press French Government to adopt measures for repressing the traffic . . .. .. ,. Reply to Address of both Houses of (^oloiiial Legis- lature to the Queen (inclosed in No. 13) French establishment at Le Croc. Ueport by Sir B. Walker. The French depot is a fi.xed one, but is unoecuplcd, and will probably not be utilized again . . .. .. . . Reviews present position of question, and attitude of the Colonial Government. Necessity of clearly (letiiiiiig nature of Trealy rights, and submitting to France proposals for arbitration. Pending these negotiations, some intermediate arrangement must be made for tlic coming fishery season Concurs in Lord Salisbury's views as to arbitration, and renewal of modus vivtndi. Legislation for the purpose will be considered Conveys approval by Her Alajesty's Government of proceedings of naval officers on Newfoundland Station in connection with the fisheries Suhniits jiroposals for arl)ilration (jeneral prnciple of arbitration accepted by French Government. Conditions on which they will agree to inniiediate arbitration on lobster question. Has int'ornied .M. Waddington that Her .^lajesty's Government agree generally in the jiroposals made by the French Government. Brussels suggested as place of meeting for Tribunal of Arbitration . . , . .. Public Notice circulating on the west coast, calling ujjon British fishermen to take legal proceedings against any British naval officer interfering with their fishery. Telegrams exchanged with Govern- ment of Newfoundland .. .. Further telegram from Governor on the subject of above Notice .. .. ., .. Agreement for reference to arbitration of certain qnesti(ms connected with the Newfoundland fisheries Recording selection of Arbitrators. Arrangement made subject to Parliamentary sanction Ditto .. ,i .. ,. Page 84 85 81 87 87 8» 90 90 91 91 92 94 94 95 96 Page .— — f of the \\ of his ment be 84 ml Ncw- Frciich ssiiig tlie , , 8S al Legis- S") rt by Sir xcd one. not be , . 87 attitude if clearly ilimittinjr Pending ingeinent son 87 bitration, ntion for , , 89 vcrnment oundland .. 90 , , 90 V French hey will question. 91 Further Correspcmdence respecting tlie Newfoundland Fisheries. .. 92 lubject of ■ • 94 f certain oundland , 94 mgement , , 95 96 91 No. 1. The Earl of Lytlon to the Marquin of Salisbury, — (Received June 6.) My Lord, Paris, June 5, 1890. M. RIBOT repeated to mc yesterday that I»c Iiad no recent information from Newfoundland. He expressed confidence in tlie possibility of arriving at a final settlement of the Fishery question on terma satisfactory to Englanl and France, but said that France could not take the initiative in making proposals for such settlement, nor expect Her Majesty's Government to do so until after consultation witli the Representatives of the Newfound- land Government, who, he understood, had not yet arrived in England. I have, &c. (Signed) LYTTON. No. 2. Admiralty to Foreign Office. — {Received June 12.) Sir, Admiralty, June 10, 1890. I AM commanded by my Lords Commissioners of tlie Admiralty to transmit herewith, for the information of the Secretary of State, copy of a letter from the Captain of Her Majesty's ship " Emerald," together with copies of its inclosures, respecting the proceedings of that ship, the " Pelican," and the " Forward," with regard to the protec- tion of the Newfoundland fisheries. I am, &c. (Signed) EVAN MACGREGOR. Inclosure 1 in No. 2. Captain Sir B. Walker to Vice-Admiral Watson. Sir, " Emerald," at St. John's, May 21, 1890. I HAVE the honour to report that 1 left Halifax on the 13th instant, and arrived at this port on the 16th instant. Thick fog was experienced throughout the passage. 2. Her Majesty's ship " Pelican," with the torpedo-boat, left Halifax on the 12th instant, and is now at St. George's Bay, with torpedo-boat, and will proceed to Port Saunders as soon as the state of the ice permits. 3. Her Majesty's ship " Forward " left Halifax on the 12th instant, and arrived here yesterday, having visited St. Pierre and Fortune Bay en route. She will remain here until the ice has cleared away sufhciently to enable her to proceed to her station on the east coast, probably about the middle of June. 4. May 22. — I have this day received a telegram from Commodore Mar^chal announcing his arrival at St. Pierre, and informing me that he will meet me at Port Saunders about the end of this month. I shall therefore leave here on Monday morning, the 26th instant, and shall proceed to the west coast for this purpose. 5. I have telegraphed to the " Pelican " to visit the different ports forthwith, to obtain full information as to the position, &c., of the new lobster factories, and then to meet me at Port Saunders, leaving the torpedo-boat to proceed up the coast by herself. (Signed) ' B. W. "WALKER. f84l B 1 I' 8 Inclosurc 2 in No. 2. Sailinij Ordem, "Emerald," at Halifax, May 11, 1890. HEU Majesty's ship under your command being in all respects prepared and ready ior sea, you will proceed at daylight on Monday morning with torpedo-boat No. 02 in company. You will convoy her to Port Saunders, and there you will land her spare gear, &c., and cstahliKh a dcp6t of coals and provisions sutlicient to last her until tho beginning of June. 2. At Brig Bay a small quantity of coals and provisions for tho torpedo-boat is to be landed at the English factory. 3. Plaving made tho necessary arrangements for the boat, and selected a' suitable site for the coal dep6t at Port Saunders, you will carefully inspect the whole of the west coast, osccrtaining the positions of the lobster factories established since July 1889, and all particulars relative to them. Should any of these be working, one of the inclosed Notices is to be given to the manager, and he is to be warned that he must desist from any further exercise of his industry unless he receives the necessary permission from the Senior Naval British Officer. 4. As the Return for 18t9 is not complete, all particulars necessary to complete it arc to be obtained and given to mc on meeting. 5. As disputes are likely to arise between the French and British fishermen with reference to the ground to be occupied by their lobster-trawls, if necessary a temporary allotment is to be made until a final settlement is arranged between the French Commodore and myself. G. In making these temporary allotments, the grounds occupied at the commence- ment of last season by the respectivcfishermen arc to be adhered to as much as possible, but in every casa the French and British managers must be made to understand that your decision is only a temporary one until the Senior Officers shall have had time to decide. 7. No interference with the French fishing rights conferred by Treaty is to be allowed, and British lobster-traps, even on grounds already allotted to them, must be raised during the time the French are desirous of actually occupying the waters, but the traps so raised may be replaced as soon as the waters are vacated. 8. Cod-traps are illegal, and their owners are to be informed that they must lift them. 9. By Article 15 of the Instructions, the interference with British property by foreign navol officers is illegal, and, should any case arise, you are to send a written remonstrance to the officer so acting, and report to me the details immediately. 10. Before leaving any port your destination and probable movements should be made known on shore, word being left at the different factories to prevent any plea for such action. 11. The French have no right to fish in or bar any rivers. If any case arises you will, on meeting a French man-of-war, request the Captain to have these practices stopped, and forward a report to me at once. 12. In dealing with all questions arising between British and French fishermen you are to act with great patience and discretion, especially those affecting the lobster industry, and the allotment of fishing grounds under the modus vivendi arranged between Her Majesty and the French Government, and you will endeavour as far as possible to allay the feeling which at present exists. 13. Your next mail will be sent by coastal steamer to Bonne Bay, and is due there about the 30th instant. To Commander Daniel W. N. Riddel, Her Majesty's ship •' Pelican." (Signed) W. WALKER, Captain and Senior Officer. luclosure 3 in No. 2. Notice, I HEREBY give notice that by the arrangement come to between Her Britannic Majesty's Government and the French Government no lobster factory not in operation edo'boat is to on tho Ist July, 1880, shall be permitted, unless by tlic joint consent of the Dritish and French Senior Naval Officers. Under these circumstances, I must request you to immediately cease all operations imlcss you shall hereafter receive the necessary permission. This Notice applies only to the present season. (Sifjned) n. W. WALICKH, "Emerald,'! at Halifax, May 10, 1800. . Ciijitain and Senior OJJicp,: Inclosurc 1 in No, 2. Sailing Orders. " Emerald," at Halifax, May II, 1890. HER Majesty's ship under your command being in all respects prepared and ready for sea, you are to proceed to St. John's on Monday, the ll'th Mny, at noon, calling at St. Pierre and visiting Fortune Bay on your way. At St. Pierre you will deliver the inclosed letter for tlic French Commodore to the French Senior Naval Ofticer, ascertaining, if possible, the Commodore's movements, and informing me of them by telegraph from Fortune Bay. Your visit to Fortune Buy is to be entirely conlinud to observing the state of afl'airs with reference to the modus vivendi passed by the Ncwfoundlimd Government during the suspension of the Bait Bill, and you ivill take no part in ihc enforcement of these acts during your visit. A Report on this subject is to be forwarded to me on your arrival at St. John's. The above service is to be performed with dispatch, and your stay at St. Pierre and at Fortune Bay is to be as short as is compatible with the duties you have to perform at those places. (Signed) B. W. WALKER, Lieutenant-Commander Gray, Captain and Senior Officer. Her Majesty's ship " Forward." s due there Inclosure 5 in No. 2. Lieutenant'Commander Gray to Captain, Sir B. Walker. ■ Sir, ' "Forward," at St. John's, May 20, 1890. I HAVE the honour to report my arrival at St. John's this day, in obedience to your orders dated the 11th May, 1800. 2. On the morning of the 15th instant I was compelled to anchor in South- West Bay, JVJiquelon, owing to the dense fog which had prevailed for the previous forty-eight hours, and which continued until the afternoon of the 17th, when I proceeded into St. Pierre Roads. 3. There were no French menrofwar there, but the Irovernor informed me that he was daily expecting the Senior Officer in " La P(?rouse " to arrive from France, as he was to have le'ft on the 1st May ; also that tlie " Indre '' had gone to St. George's Bay, and the " Bisson " was expected to arrive soon from West Indies. 4. I left St. Pierre at daylight on the 18th, anchored otf Fortune for a couple of hours in the forenoon, and then proceeded to Bellcram, where I remained for the night. 5. I called at Harbour Briton the following morning, and left for St. .John's at 1030 A.M., since when I have experienced very line weather, with fog, since rounding Cape Race. " G. Inclosed Report* is the result of my obsiJrvations and inquiries at those ports I touched at in Fortune Bay on the working of the present Newfoundland Laws as to bait. I have, &c. it, and has } will under it Sir, Downing Street, June ?4!, 1890. I HAVE the honour to acknowledge the receipt of your despatch of the 27th ultimo, inclosing a Petitron to the Queen, signed by some 12,000 inhabitants of Newfoundland, protesting against the modus vivendi recently agreed upon, for this season only, between the British and Frencli Governments in respect of the establishment of lobster factories on that part of the coast oT Newfoundland on which the French have certain fishery rights. The Petition commences by an expression of the indignation and alerm with which the petitioners have heard of this modus vivendi. It states that the negotiations leading to the adoption of the said arrangement were commenced and carried on, and the arrange- ment itself concluded, without the consent, and even without the knowledge, of the community and Legislature of the Colony, and expresses the views of the petitioners to the effect that it is a fundamental principle of responsible government that the people should be consulted, directly or tlirough tfieir Representatives in Parliament assembled, concerning all matters appertaining to their government, and more especially to their territorial and maritime rights. ' The petitioners do not here notice the fact that the modus vivendi referred to is of a strictly temporary character, its operation being expressly limited to the current fishing season only, neither is any notice taken of the fact that the Colonial Government was consulted as to the terms, which were to some exteni, modified in order to meet their views. It was, however, necessary to conclude this merely temporary arrangement without referring it to the Colonial Government in its final shape. This act on the part of Her Majesty's Government does not appear to them to have involved any departure from the principles laid down in the despatcii from the Secretary of State (the late Lord Taunton, then Mr. Labouchere) of the 2Gth March, 1867, referred to by the petitioners, of which the following is the actual wording, viz., that " the rights enjoyed by the community in Newfoundland are not to be ceded or exchanged without their consent, and that the Constitutional mode of submitting measures for that consent is by laying them before the Colonial Legislature ; and that the consent of the community of Newfoundland is regarded by Her Majesty's Government as the essential preliminary to any modification of their territorial and maritime rights." The modus vivendi does not cede or exchange any' right enjoyed by the inhabitants of Newfoundland, neither does it involve any modification of their territorial or maritime rights. Any lifljht which British subjects have to erect lobster factories on the shores aftected by the Treaties and Declarations concerning the fisheries, although its exercise may be temporarily suspended, is not surrendered or prejudiced by the modus vivendi, the first sentence of which contains a statement to the effect that the questions of principle and of respective rights are entirely reserved on both sides. From the correspondence which has passed with the Government of France, which, it is believed has now been published in the Colony, it will be seen that Her Majesty's Government have constantly denied the right of the French to catch and preserve lobsters or to erect lobster factories, and have always maintained the right o":" British subjects to fish in the waters of Newfoundland ; and the correspondence shows the remonstrances which have been addressed to the French Government en the subject of interference with such right. But it is right that the petitioners should understand that the question of the proper interpretation of the Treaties in regard to this question is open to argument, and that it is difficult for Her Majesty's Government to insist on the suppression of those French factories which may be considered as manifestly in excess of the privileges granted by Treaty whilst British factories are maintained which the French Government contend to be contrary to the engagements contracted by England. , Jler Majesty's Government, however, trqst that, after the arrival in this country of 8 I lii;, m H t ^ the Premier of the Colonial Government, who Her Majesty's Government hope will shortly arrive in England, negotiations may be initiated which may end in a satisfactory understanding between, the two Governments, and meet with the concurrence of the people of Newfoundland. Her Majesty's Government would wish for nothing better than that those negotiations should lead to the termination of a state of affairs which undoubtedly presents obstacles to the advance and prosperity of the Colony. You will assure the petitioners that Her Majesty's Government are quite alive to the disadvantages under which the people of Newfoundland labour owing to the existence of the ancient Treaties and engagements relating to the fisheries, and that they will do their best to give effect to the reasonable wishes of the colonists; but it must be remembered that Her Majesty's Government cannot force upon a friendly Power the renunciation of Treaty rights, nor compel the acceptance of an intorpretation of tliose rights which Her Majesty's Government uphold, but which is at direct variance with the interpretation upheld by the other Power. Her Majesty's Government feel confident that in these circumstances, and after full opportunity lias been afforded of studying- the correspondence which will shortly be laid before the Imperial Parliament, the people of ?TewfoundIand will admit the difficulties which have surrounded the Fishery question, and will recognize that the conclusion, for this season only, of a modus vivendi, such as has been agreed upon, was the best course which was open to Her Majesty's Government both to avert possible collisions on the coasts of the Colony, and to give time for arriving, with the Government of France, at a solution of the question which may be more in the character of a permanent and, it is hoped, satisfactory settlement. You will be so good as to apprise the petitioners of this answer to their Petition, and you will inform them, at the same time, that their Petition has been laid before the Queen, who was pleased to receive it very graciously. I have, &c. (Signed) KNUTSFORD. No. 6. Colonial Office to Foreign Office, — (Received June 27.) Sir, Downing Street, June 26, 1890. WITH reference to the reports which appeared iu the press as to the alleged landing of a French armed force at St. George's Bay in Newfoundland, I am directed by Lord Knutsford to transmit to, you, for the information of the Marquis of Salisbury, copies of two despatches on the subject of these reports Avhich have been received from the Governor of the Colony. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 6. Governor Sir T. O'Brien to Lord Knutsford. Government House, St. John's, Nexofoundland, (Extract.) June 9, 1890. WITH reference to the reported occurrences on the western coast of this island, I have now the honour to forward, for your Lordship's information, copy of a letter from Captain Sir Baldwin Walker, commanding Her Majesty's ship " Emerald." Inclosure 2 in No. 6. Captain Sir B. Walker to Governor Sir T. O'Brien. Sir, _ " Emerald," at St. George's Bay, June 1, 1890. I HAVE the honour to bring to your Excellency's notice the following : — _ On the afternoon of my arrival at St. George's Bay a deputation came on board to interview me, and left a copy of Resolutions passed at a public meeting on the 24th Mav. 9 The wording of tho Ith Resolution, tlie prohibition to set their herring-nets, " thus ruining our voyage and depriving us of our principal means of subsistence," would lead any one not acquainted with the facts to the conclusion that the prohi- bition was general, and also that the herring were being taken in quantities, whereas neither were the case. The nets which were requested to be lifted on the evening of the 22nd were few in number (about twenty-eight), they were up only twenty-four hours, and at the time of lifting hardly any herring had been takeu in them — about five barrels in forty nets. The 300 yards under prohibition were necessary for the Prench seining operations, and this was really in the end beneficial to the inhabitants, as it enabled the French bankers, twelve in number, to get their bait and leave the whole bay free when the herring did really strike in. This occuri-ed about the 26th May, when the herring first meshed, though a few hauls had been made on the 23rd and 24tli, principally with seines, but the herring were not plentiful till the 29th, when tho fisliery was in full operation. The catch, so far, has been extremely good, and should the present promise continue the take will be above the average. From the above it will be seen that the statements with reference to ruining their voyage and the deprivation of their principal means of subsistence was, even at that time, premature, to say the least of it, and, as events have since proved, was false. As to Resolution No. 5, as I informed the deputation, the action they were taking was that of a highwayman. They required the British Government to force Prance to give up just rights under Treaty (ones which they acknowledged she had not in this case abused), and also to give them compensation, the penalty in case of non- compliance being tho repudiation of all law. These Resolutions were, I may add, seconded by a Justice of the Peace. The Secretary to the meeting and, as I understand, the framcr of the Resolutions was Dr. Howley, who had arrived from Channel the evening before, and was really quite unacquainted with the facts, except by hearsay from a people then under great excitement, for the following reasons : — The herring this season were so very late (as far as I can ascertain later than even 1883, one of the latest years) in striking in, that the inhabitants Avere of the opinion that they had deserted the bay, owing to their having been so much disturbed since the Bait Act ; hence they were under the impression that their chance of a catch was lost with the ordering up of the nets. Had the influerce of Dr. Howley been used to postpone the meeting until the excitement had calmed down, it would have given time to prove how groundless the fears of the inhabitants were that the herring had deserted the bay, and consequently these statements would not, in all probability, have been made. Though false, I am of opinion that at the time they really believed what they said. I have, &c. (Signed) B. W. WALKER. Inclosure 3 in No. 6. Resolutions passed at a Public Meeting held at Sandy Point, Bay St. George, West Newfoundland, on the 24th May, 1890. WHEREAS we, the inhabitants of the west coast of Newfoundland, ai*e loyal and law-abiding British subjects, dwelling peacefully upon a territory which has been declared by Treaty to be a British Colony ; and Whereas the Newfoundland Gc 7ernment, with the consent of Great Britain, has recognized our settlement upon this coast by the regular establishment of ]iolico and Customs officers, by the appointment of Magistrates, and the exercise of jurisdiction l)y the Supreme Court of Newfoundland, and by the concession to us of tlic electoral franchise, thus acknowledging us as lawful citizens legally established hero, and not as outlaws intruding at our own peril and contrary to Treaty rights; and Whereas Ave, trusting in the bond fide declarations of the NcAvfoinidland Clovorn- ment in this matter, have invested large capital in commerce and other business enter- prises on this shore, and have peaceably submitted to the restrictions of all legal enactments, have paid all fines, duties, taxes, or exactions whatsoever, the sani(j as are levied on the inhabitants of the other parts of tho Island of NcAvfound- land ; and [84] 10 'ij Whereas wo arc now prohibited hy the French man-of-war from settinfj our herring-nets, thus ruining our voyage and depriving us of our principal means of subsistence, and as we cannot receivi) any redress, protection, or compensation, either from the 13ritish ships of war cruizing on the coast, or from the Officer placed on this shore by tlie Newfoimdiand Government ; bo it therefore Resolved that wo do from this moment forward absolutely refuse to pay any duties to the Customs olTicers established by the NcAvfoundland Government on this shore, or to allow their officials to interfere with us in landing goods, until such time as we receive due protection in the exercise of oiu* industries and compensation for the losses we have suffered ; and Resolved, that we communicate the steps taken by us to-day to all settlements on the so-called French. Sliore, and call upon the people to unite with us in making a determined stand until this vexed question is satisfactorily settled and just rights fully recognized and secured to us ; and Resolved, that these Resolutions bo published in the St. John's and Halifax news- papers, and u copy of the same be sent to Governor, St. John's, and to the Secretary of State for the Colonies. (Signed) NATHANIEL BUTT, Chairman. M. F. HOWLEY, Secretary. Inclosure 4 in No, G. The Magistrate, St. George^s Bay, to the Attorney-General, St. John's. (Telegraphic.) .Tune 2, 1S90. NO French armed force landed ; an officer, with one man, came to strand in a dory, giving notice to inhabitants to remove nets from cove ; officer had on sword ; got on wharf to read Notice. Inclosure 5 in No. 6. Governor Sir T. O'Brien to Lord Knutsford. Government House, St. John's, Neiufoundland, (Extract.) June 10, 1890. IN continuation of my despatch of yesterday's date, I have the honour to inclose copy of a letter to the Attorney-General from Mr. Dwyer, Stipendiary Magistrate at St. George's Bay, Avho appears to have acted very well under the circumstances. Inclosure 6 in No. 6. TJie Magistrate, St. George's Bay, to the Attorney-General, St, John's, Sir, Sandy Point, St. George's Bay, May 29, 1890. ON the 21st instant herring struck in shoal water, though not in great quantity, just enough to warn our fishermen of the near approach of the main schulo, conse- quently sonic nets were put out iu places most likely for taking of hen-ing ; there were at the time a few French fishing vessels looking for herring and were using seines ; they grumbled, and did not like our people placing nets where seines could be worked. On the 22nd a steam-launch from " Indre " came near the shore and an officer with one man landed on the strand in a dory, there being a number of inhabitants on a wharf near by ; the officer got up on wharf and read a Notice from Commander " Indre," ordering all nets set in certam places (to which he pointed) to be taken up by 8 A.M. 23rd, or ^he French would remove them ; the people obeyed order and set them elsewhere ; the officer was in full uniform with side-arms, i.e., sword on ; Her Majesty's ship " Pelican " was not here ; excitement ran high for a while ; there being so few French here the people considered it unreasonably harsh on the part of the French (lommander. On the 24th a public meeting was held when Resolutions were passed ignoring 11 all authority, pay no taxes, not act as tidewaiters, and suffci' imprisonment before serving as specials ! in fact a revolutionary movement, and an embryo Ecpublic established. I did not fcol alarmed, and told them that if they attempted to carry their " Resolution " into effect, that we would first carry out the law, and then the Government may lik(;ly consider their claims for compensation, and that their Resolutions meant " rebellion or a farce." I did not consider the matter worthy of more extended remarks than I sent you by telej^ram ; this question of duties is a chronic one, comes in nearly with the herring scliule since; the ]3ait Act. At all events since the main schule of herring struck in, the people have no one to interfere with them this year. Some American schooners were bore and purchased bait. The collector it api^ears, through advice of Sir 13. Walker, let them off without paying for a licence ; the Canadians paid. I tliink the herring voyage will tiun out fairly well, though it is late. I have not a copy of llcsolutions to send. I understand Sir B, Walkir is furnished with one. I have, &c. (Signed) M. S. DWYER, J. P. No. 7. Colonial Office to Foreign Office. — (Received June 28.) Sir, ^ Downing Street, June 27, 1890. WITn reference to the answer given yesterday in the House of Commons to Mr. Redmond's question respecting reported disturbances at 1 .t-a-Port, in New-* foundland, I am directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a further telegram received from the Governor of Newfoundland on the subject. I am, &c. (Signed) JOHN BRAMSTON. Inclosurc in No. 7. Governor Sir T. O'Brien to Lord Knidi^ford. (Telegraphic.) {Received June 27, 1890.) MAGISTRATE, St. George's, reports by telegram as follows :— " On report of disturbances at Port-a-Port ' Emerald ' proceeded to investigate I found that there was no truth in it ; reported burning unoccupied factory also untrue ; cold night, French made fire there, doing no damage." No. 8. The Earl of Lytton to the Marquis of Salisbury. — {Received July 7.) My Lord, Paris, July 5, 1890. I HAVE the honour to report that the Bill for prolonging the grant of iishery bounties to the 30th June, 1901, was passed to-day by the Chamber of Deputies. I have, &c. (Signed) LYTTON. No. 9. Admiralty to Foreign Office. — {Received July 10.) (Extract.) Admiralty, July 8, 1890. "VVITII reference to my letter of the 10th ultimo on the subject of the Newfound* land Eisheries, I am commanded by ray Lords Commissioners of the Admiralty to transmit herewith, for the information of the Secretary of State, a copy of the Report on the working of Newfoundland Bait Laws alluded to in paragraph of Lieutenant Gray's letter, inclosed in my communication of the 10th Juno. [84] C 2 Inclosure 1 in No. 9. Captain Sir B, Walker to Admiralty. (Extract.) " Emerald," at Bonne Buy, June 16, 1890. I HAVE the honour to forward herewith the Report by Lieutenant-Commander Gray, Her Majesty's ship " Forward," on the working of the NeAvfoundland Bait Laws. III m m B Inclosure 2 in No. 9. Lieutenant Gray to Captain Sir B. Walker. '* Forward," at St John's, May 20, 1890. the honour to report the result of my Sir, IN obedience to your orders, I have observations in Fortune Bay on the state of affairs with reference to the present Bait Laws of Newfoundland. 2. The places visited were Fortune on the south side, Belloram and Harbour Briton on the north. 3. I was told the herring are as plentiful and fine as in previous years (usually frequenting the north side of the bay more than the south), but only about a dozen French craft had baited at each place, whereas in former years they had done so in great numbers. American and French {i.e., not Newfoundland) vessels had not sensibly diminished, but it was generally believed few would return this year to bait a second and thii*d time, owing to the necessity for a new licence each trip. General complaint was made that the present law favoured these latter more so than last year, and acted adversely to the smaller native craft, because the large vessels can take more than is necessary for their OAvn use and dispose of the surplus at St. Pierre, whereas the smaller bankers, many of the old craft for export of bait, cannot make it pay, because they, being a small number of tons, are not allowed to carry sufficient bait to make a long enough stay on the Banks. For instance, 50 barrels of bait are ample for the largest fishing-vessel. The law allows 1 barrel per ton. A vessel ot 100 tons, having paid for her licence, takes 100 barrels (generally manages more), the price she gets in St. Pierre in the spring season for all she does not i-equire herself more than covering the cost of the licence. The seizure of an Amei"ican schooner lately was on account of this, she being of 90 tons and having on board about 210 barrels. The Act seems to be rigorously enforced, but even then a great deal of smuggling takes place. 4. At Belloram complaints were made that no Proclamation had been posted up (I did not see any there or at Fortune, although I walked about those villages), so that many of the fishermen did not know what was the law, several being frightened into giving up fishing by their neighbours being arrested for what, at the time, they believed to be legal. It was also stated that great difficulty was experienced in getting a licence granted. 5. It seems certain that the French have got all the bait they want without visiting Fortune Bay in any great numbers, like they used to do, and thus the majority of the fishermen are deprived of their former means of support, though some have found employment in the lobster fishing, several new factories having been erected lately. 6. All seem to agree that since the passing of the Bait Acts the prosperity of place has departed, many of the younger people are leaving for other countries, and altogether a feeling of discontent seems to prevail that might lead to serious distur- bances at any time. 7. In conclusion, I may add that at St. Pierre there were about a dozen brigan- tines and some fifty or sixty schooners ; few hoisted colours, but those that did were French. I have, &c. (Signed) S. W. A. H. GEAY. 13 No. 10. Admiralty to Foreign Office. — {Received July 10.) Sir, Admiralty, July 8, 1890. I AM commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the information of the Secretary of State, copy of a letter from the Captain of Her Majesty's ship " Kmerald," dated the 6th ultimo, on the subject of the Newfoimdland fisheries. I am, &c. (Signed) EVAN MACGREGOR. ,nd Harbour )lio being of a a licence Tnclosure 1 in No. 10. Captain Sir B. Walker to Vice-Admtral Watson. Sir, " Emerald," at Port Saunders, June 6, 1890. THE accompanying telegram having been communicated to me by his Excellency the Governor of Newfoundland from the Secretary of State for the Colonies, asking for a report on the subject by telegraph, I have the honour to forward particulars of the circumstances alluded to. 2. On my arrival at St. George's Bay on the morning of the 28th ultimo I received a communication from the Rev. M. F. Howley, requesting me to receive a deputation from the inhabitants on matters of vital importance to them. 3. I acceded to the request, and by appointment, at 3*30 P.M., the deputation was received by me on board the " Emerald." A copy of Resolutions passed at a public meeting convened on the 24th May* was given me, and they proceeded to state their case. In addition to the grievances there set forth, they informed me that Sir James Fergusson, in reply to a question in the House of Commons relative to Newfoundland, had answered, with a sneer, that the question had been going on for 200 years without any disturbance, and that as long as matters continued to go on peacefully nothing would be done. Also that they had received no information as to the modus vivendi until the notices were served on them by Her Majesty's ship " Pelican," and that they had spent large sums of money in building and fitting the factories, with the intention of working them this year. S\), During the present S(!s>.ii)ii a Mill was passed npeiiliiig that Aer ; mid \ty's Minister*, lie must withhold his assent tln'ilo. This is an inter- fen lue with our right to legislate for our tislieiies which we pray that your Majesty will not permit. In the Session of IHf^O an Act was fiasscd creating a Fisl;eries Commission, for tl>e better regulation of our tiuhing industries. The Act, though not disidiowrd, has not received your Majesty's assent, the cause assigned heiiij; that it contained no claiiso exempting from its operation that part of the const on which the French have Trea'y rights. \Vc proposed to insert in this Act the clause hereinbefore set out, nnd Ii.-ietofore used ; but your Majesty's Ministers decline to accept it, and reipiire fiiitlier limitation ot the operation of the Act. To guard the interests of your Majesty's subjects in this Colony against tho claims of n foreign nation culls for the use of every means in our power to protect ourselves and our country from that destruction which an acupiicseenco therein would bring upon us. The Secretary of State for the Colonies asks if we ard prepared to submit the cpiestion of the lobster fishery to arbitration? After a careful jierusal of the Treaties bearit'ig on this matter, we find that there is certainly no question for arbitration. A similar proposition applied to Great IJritain would be for the Frehch to claim a right to take salmon in the Tees or the Tay, and for your Majesty to submit such claim to arbitration. With respect to the lobster industry, this Colony will be satisfied with nothing short of the immediate removal of every Freneli lobster factory from the shores of Newfoundland ; . and all our efforts will be directed to the accomplishmcut of this object. We claim that the French bounties on lisli caught on the coast of Newfoundland and by vessels prosecuting the fishery from St. Pierre and Miquelon cannot be excluded from the consideration of this cpiestion. These bounties had no existence when the original' Treaty was signed ; yet the vast vantage-ground which they confer ujion French over British fishermen is so manifest that it is wholly incredible that such privileges would have been conceded by Great Hritain if the possibility of these bounties had been then contemplated. We submit, further, that for a right understanding of the concessions made to the French, tlic condition -of surrounding facts at the date of the Treaty must be considered in order to ascertain what was the intention of the High Contracting Parties. The cod fishery was the only fishery then prosecuted, and it was carried on by those who visited the part of the coast referred to, caught their fish, cured and dried them on the stiaiul, and departed inimediately the fishing season was over. It is hardly possible to conceive of a concession made by the Sovereign of the soil more limited, or of a more temporary nature, than that then conceded to the French, viz., that of fishing upon the coast, and of drying the lish upon the land. The work of drying is done in a short time, in a limited area, upon the beach or strand ; and the crew of a vessel, having used a part of the strand in one year for this |)urpose, can obtain thereby no right to the same locality in a subseciuent year. Provided, therefore, that tho French vessels, as they arrive upon the coant and require sites to dry their fish, are afforded such accommodation and are not interfen d with in their fishing, we most humbly submit that the Treaty is honourably executed, and tluit wc are not compelled by a reasonable construction of it to yield to the monstrous demands the French hpve put forth, such as the continuance of several hundreds of miles of coast in a state of perpetual wilderness for the purpose of afiording strand accommodation of a few thousand yards, for four or five months each ye?ir, to French fishing-vessels to dry their fish, the abstaining on our part from all industrial occupations in that part of the island, the yielding up to the French the salmon fisheries in the rivers, the participation in the lobster fishery (which was not known at the date of the Treaty, and which it was therefore impossible to concede), and the demand of I9'i:\ • - D 2 . ,1 I * ■'■' )■ '■;i t ..; 1 20 an cxcluBively right to the cou-fisliery, notwithstnndiiig tlie express dechtration that the fishery should be carried on according to tlie practice tliercfore existing, neitlier j)arty to deviate tlierefrom. When it was 'acc they did so innncdiately. From day to day various small incidents, which are the ordinary adjuncts of the fishing season, are constantly taking jilaee; these, during the present year, have been exaggerated and misstated in the grossest manner possible ; I would therefore ask you to give no credence whatever to these various rumours. Should any ease of real importance arise the earliest opportunity of telegraphing to you will be taken, and I will make it my duty to keep you fully informed of ev(,Mits. I may add that 1 was in complete ignorance of the startling reports circulated by the Knglish press until I received the English mail on my arrival at this port. The local press, from such frequent false statements, being totally unreliable, was not, theiei'on', taken any notice of by me. 1 am happy to say that the information from the Captain of the " Forward," received to-day by the '" Conscri|)t," shows the reported burning of French boats at La Scic to be entirely without foundation. n issued by the Inclosure 2 in No. 14. The Rev. M. Ilowley to Captain Sir li. Walker. Dear Sir, (h, board " Harlow," June 7, 1890. "HAIILOW" arrived this morning. People declared they would seize goods lest you might think we went back of our word. I beg to say that we telegraphed first to our Member, and afterwards to the Colonial Secretary, asking if the (lovernment would consider our case for compensation, but ibey did not condescend to reply, but treated us with tlie usual contempt, so tlie people could not be any lunger restrained. I'leasu excuse pencil, and believe me, &c. (Signed) M. Y. IIOWI.EY. m m 22 Inclosure 3 in No. 14. Captain Sir B. Walker to the Rev, M. Howley. Dear Sir, " Emerald," at Bonne Bay, June 10, 1800. I BEG in'uled his factory, and that the fishermen he had hired for the season had engaged I'loniselves to the owner of a neighbouring factory. I did not embark the marines on account of the lateness of the hour, but warned them to be in readiness to embark on the 7th, on which day they were brought down in the steam-cutter. Arrived and anchored off St. George's at midnight, A rumour was current that the French Commodore had caused fishing-nets belonging to British subjects to be raised at Fox Island River, but on inquiry I find there [84] ' E 2 28 is no truth whatever in the report. It is correct that he ordered British vessels out of West Bay, Port-i\-Port, and that these vessels did leave, returning again later on when the Commodore's ship had sailed. Inclosuro 1 in No. 19. Captain Mar^chal to Commander Riddel, Croiseur " Le La Perousc," Port-au-Choix, M. lo Commandant, le 21 Juin, 1890. .T'AI riionneur do vous informer qnc j'ai rc^u aiijourd'hui dos plaintcs simultandes dos capitainos do Povt-aii-Choix ct do I'llc Saint-Jean, contro les goelettcs Anglaises qui viennont i\ I'Anso de Gargamollc ct ri I'llc Saint-Joan les entravcr dans lours operations do pficho. A la gone quo lour causent los casiors Anglais qui pars6mcnt la c6to dans ces diffdrcnts cndroits ot aux environs do I'Anso du Trappcur aussi, points qui sont cxploitc'is par nos p6cheurs tous les ans, au moins ])ondant la saison du capclan, vient so joindro la concurronco illegalc dcs go61ettcs Anglaises qui prcnncnt I'habitudo do vcnir ti cotto epoquc dans ccs parages, sous pretcxtc d'y reli\clier, mais on rdalito pour y pfidior la moruc et scs applets, au grand ddti'iment do nos nationaux. Cos bfttimcnts commcttcnt done unc triple illegalite : ils i)6clicnt sur une c6to qui nous est reservoc, tranchcnt lour moruc sur les fonds dc pficlic et no portent pas de nom. Lo 17 Juin, les doris d'uno dc cos goelettcs ont non sculemont lcv6 toutcs les harouclles du Capitainc Mary du " Puget " (lie Saint- Jean), mais encore so voyant prises on flagrant dolit, dies ont coupe la lignc Fran9aise par lo milieu ct so sont sauvdcs. Cettc goolette, qui (5tait tranquillcment au mouillago de I'llc Saint-Joan Ic Dimanche, 15 Juin, a parfaitcmcnt 6t6 reconnue ; malhcurcusement, olio no portait visiblenicnt aucun nom. Jo n'ai h coup sAr pas bcsoin do vous fairo rcniarqucr, ]\Ionsicur lo Commandant, combicn la presence do ccs casiors u homard prt's dos plages on lo capclan vient atterrir et la conduitc de ces go61cttos sont pri'judiciables a la pocbc de nos nationaux, ct contraircs aux clauses dos Traitcs. L'annde dornii^ro, la canonniero Anglaisc lo "Lily" avait dejtl 6t6 obligde d'(51oignor des goolettes dc I'llc Saint-Joan, et je vous dcmandcrai, Monsieur lo Com- mandant, do vouloir bien prendre les mcsuros neccssaires pour quo, conformoment aux clauses dcs Traitcs, nos nationaux no soicnt pas genes dans lour poclic. J'ai rc(;u on outre unc troisicmo plaintc du Capitainc Landgren, do I'Anso a John Marh (.Tolui Meagher's Cove), dont les pccbeurs dc Shearer cnvabissent les fonds do peclio dc la Baic des Castors. Sir Baldwin Walker reconnut avec moi quo la lignc do delimitation adoptee sur ce point I'anndc derni5rc pour soparcr les pcclieurs de homard dcs deux pays dcvait encore sorvir dc lignc dc demarcation cettc annoc, ct jo vous dcmanderai, Monsieur le Commandant, do vouloir bieu rappeler Mr. Shearer a I'observation des ordrcs qu'il a certainement dA reccvoir de la Division Navale Anglaise. llecevez, &c. (Signd) A. MARfiCHAL. (Translation.) Cruiser " Le La Pe'rouse," Port-au-Choix, M. le Commandant, June 24, 1890. I HAVE the honour to inform you that I have received to-day simultaneous complaints from the captains of Portau-Clioix and St. John's Island, against the British schooners coming to Gargamelle Bay and St. John's Island to interfere with their fishing operations. To the inconvenience caused by British traps strewn over the coast in these various places, and also in the neighbourhood of 'i'rapper's Bay, localities which arc frequented by our fishermen every year, at least during the capclin season, there must now be added the illegal competition of British schooners, which at this sccison habitually come to this neighbourhood under the pretext of seeking shelter, but in reality in order to fish for cod and its bait, to the great detriment of our countrymen. The illegality of the acts of these boats is, therefore, threefold : they fish on a coast 99 which is reserved for our use, they clean their cod on the fishing-ground, and they carry no name. On the 17th June, the doreys of one of these schooners not only hauled nil the cod-trawls of Captain Mary of the "Puget" (St. John's Island), hut also, seeing them- selves caught in Jlagmnte delicto, cut the French line and cacaped. This schooner, which was lying quietly at the anchorage of St. John's Island, on Sunday, the 16th June, was clearly recognized ; unfortunately, she bore no visible name. I certainly have no need to point out to you, Sir, how the presence ot these lobster- traps near the beaches where the capelin shoal, and the conduct of these schooners, arc prejudicial to the fishing of our countrymen, and contrary to the clauses of the Treaties. Last year, already, the British gun-boat *' Lily " was obliged to remove these schooners from St. John's Island, and 1 beg to request that you will take the necessary steps in order that, conformably to the clauses of the Treaties, our countrymen may not be interfered with in their fishing. I have received, besides, a third complaint from Captain Langren, of John Mark's Bay (John Menghcr's Cove) that Shearer's fishermen encroach on the fishing-grounds of the Bay of Castors. Sir Baldwin Walker agreed with me that the boundary adopted in I his locality last year, for the separation of the lobster fishers of the two nations, should stili serve as a lino of demarcation thig year, and I must request you. Sir, to be good enough to call Mr. Shearer's attention to the orders which he must certainly have received from the British Naval Division. Receive, &c. (Signed) A. MARfiCHAL. Inclosure 2 in No. 19. Commander Riddel to Captain Mar^chal. Sir, "Pelican" at Port Saunders, June 2G, 1890. I HAVE the honour to acknowledge the receipt of your communication, dated the 24th instant, in which you inform me that the presence of British vessels in GargamcUe Cove and St. John's Island is impeding the fishing of the subjects of your nation. 2. Also that the crew of a British schooner lying at anchor at St. John's Island had been interfering with and damaging the fishing gear of the " Puget." I regret it has not been possible for you to furnish me with tlie name of this schooner. 3. Be assured, Sir, that I will take all steps necessary to prevent the fishing industry of French subjects being impeded or interfered with, and that I will direct the British vessels to discontinue fishing in the vicinity of St. John's Island. I have already ordered those frequenting Gargamelle Cove to put to sea. 4. As regards tlie complaint against Mr. Shearer's fishermen at John Mark's Cove, I beg to inform you I will investigate tlie matter and, should I find that the complaint is substantiated, I will take such action as to prevent a recurrence. I have, &c. (Signed) D. M. N. RIDDEL. h on a coast Inclosure 3 in No. 19. Captain Beloz to Commander Riddel. (Translation.) IJf the absence of the French " Stationnaire," I come in the name of all the French captains fishing in Port-au-Choix, to beg you to expel the schooners which persist in remaining at anchor in Gargamelle Cove. They do not satisfy themselves by fishing for capelin and cod, to which tliey have no right, but they impede our fishermen by anchoring amongst their lines, and in defying them. In consequence, wc bog you, Sir, (o be good enough to put an end to their hindrance, which does injury to our crjws. Receive, Ike. (For the Captain, Port-au-Choix), The Captain Pruil'homme of the Harbour, (Signed) E. BELOZ. I 80 No. 20. Liculoinnl-Cnmniaiider Grai/ to Ciipt tin Sir li. Wnlkev. — {Rereiinl of Iho Foreitfii O/ficf, Aiif/usl S.) ■ . ■ Sir, " hhnrn )■()," nl Tir!llin(jatp, Jiih/ 12, 1800. I HAVl'j tlic honour to roporl my fiirtlicr proceedings since the 27th .(iino. 2. Tlic Caiitnin of the " fmlre," having;- nientidncd to me wlicn nt Croe that I;o liad experienced pjre.nt dillicnlty in idenlifyiiifj severn! vessels lie had met on tlie coast at'ler passing Cape St. John, I decided to ";<> to Mine's Bight, where I liad mysilr' observed Hcverni, and investigate. 3. On arrival, f tound most of them had left for Labrador, hut the lo-ton schooner " Aggie," the smallest of those I had seen on the 21tli, was at the same anchorage, a little harbour formed by the small island just inside Grappling Point, anil from her master 1 took the inclosed Statement. In spite oi this vessel only having her name on each tall'rail, and not on her stern, 1 considered the action of a foreign manof-war in demanding a vessel's papers in llritish waters so (luestionable, that [ deemed it ndvisablo to comnuinicate with you, in order that, when I met tiic " Indrc " at (Joull'rc on the oth, I could take whatever steps you thought necessary, and T therefore proceeded to Tilt Cove, the nearest telegraph station. 4. On the 5th July, with the Captain of the " Indre," I selected two suitable places, cither of which, subject to your approval, liracn'.s house, at Canary IIai*l)oin', could be moved to. 6. In conversation with Captain ^Marquis, ho explained that several of the inhabitants along the coast hud complained of the Ijabrador schooners for fishing with cod-traps, and throwing olfal, Sic, overboard, which baited the ground and so spoilt tiieir fishing. (No doubt this ctmiplaint is true, but it lias never been mailc to me.) Therefore, in warning them against this, he had wished to identify the vessels, but hardly any had colours, and many had no i)apcrs. When I pointed out they all had tiieir name some- where, and there was hardly any question as to their nationality, lie said they migiit be American. I told liini that I hoped taking their names, and informing me, would ])rovo sufficient in future, as in British territorial waters the examination ot papers should be left to Her Majesty's ships of war. I also informed him of my intended movements, with approximate dates, so that, should he have any complaints or other cases of a similar nature, he could let me know immediately. 6. Owing to a rumour reaching me about some burning at La Scie, I made further inquiries there, and the Magistrate stated that two summers ago a small French hut, partially built of boughs, Mas set on fire by a careless sailor of a banker. The Magistrate called the natives to his assistance, but they could save nothing, as it was like tinder, and though he offered a large reward lie could not find out the sailor who did it. He showed me a copy of an extraordinary Gazette, dated at St. John's the llith June, to prove that cod-traps were allowed. I called his attention to the last Rule, and requested him to make it known, but it is not to be surprised if the fishermen are puzzled when they receive contradictory information from responsible authorities. 7. At Sop's Arm I found 2j-inch mesh nets across every mouth of the river. I took them up, and have retained possession of them pending your decision, as [ find; by former Fishery Keports, the owner, C. Pittman, ia an old offender, and has been repeatedly warned. 8. At Fleur-de-Lis there is only one French room standing, and that was last occupied about ten years ago. The natives have built on the sites of the other rooms ; in most cases, many years ago, aud they all understand that should the French wish to reoccupy those positions they must vacate them. 9. Neither Captain Lcgranvillais, of Cioc, nor Captain Very, of Rouge, are on the coast this year. I have made inquiries concerning the loss of a net by the latter last season, but could obtain no further information, and Captain Marquis, of the " Indrc," considered the whole matter quite finished. 10. The "Indre " was going to Rouge or Croc from GoufTre, to remain until about the 16th, when, being relieved by the " Bisson," she will proceed to the west coast vii\, the Straits of Belleisle. I have, &c. (Signed) SCOTT W. A. H. GRAY. 2^^^^3^E|2||^E^I2 riistrict to wit. 81 liicloHurc in No. 20. Deposition. 'I'llK statement of KHnu NoMes, masfor of tlio fi>liinf;-Hcli(Kinor " Aj>:nic," of Jsil)l)Ci's Hiubour, !.■> tons, taken upon ontli, and «iio Huitli tliat tiio name of tlio vtsscl was not on tlio stern, ncitlier was the ])ort of registry, when lie ohtnined CiistoniH clearance Irom Tilt Cove on the .5i. in Head Harbour, and on the following forenoon communi- cated with the factory at Fox Island River on the subject of alleged outrages on the part of French fishermen. 32 7. At Fox Island Kivor tliu niiihti'i' of a Froncli Hcliooiicr, a sliort time ago, took u capelnii ni.t, tins propt-ity of a Hritish subject ; this net was, however, uftcrwards returned to him. I can hear iiothiiiK of nets having heen »«ei/.ed hy Connnodore Marechal, or by niiy of liis ollicers, and consider the rumour to be unfounded. I received a statement from one of the Cairns men to tiie ellect that bawls l)elonj;ing to ('airn» of IJroad Cove liad been cut by the I'Veiich, and tliot tlie case bad been n ported to you. H. Leaving Head Harbour under .sail at T) v.m. on the I'Mh instant, I proceeded to Birchy Cove, May of Islands, using steam, at I o'clock arriving off Hirchy Cove at fi a.m. this mornin<;. 9. I purpose remaining here until Wednesday next when the " Volunteer" will arrive on her downward voyage, for the purpose of embarking the sergeant and two privates Hoyal Marine Light Infantry received on board from Fishels, and after leaving Birchy Cove, I intend visiting Lark Harbour and Hoimc Day, arriving at the latter place on Friday the I8tli. 1 llQVC &C (Signed) ' D. M. RIDDEL. Inclosure 2 in No. 21. Commander Riddel to Captain Sir H. Walker, Sir, " Pelican," at Port Saundem, July 29, 1800. IN continuation of my letter of proceedings of the 14(li .July, I have the honour to report that I left Birchy Cove, Bay of Islands, in Her Majesty's ship "Pelican," under my comirand, on the forenoon of the Ifith of the same month, and visited Wood Island and Crabb I'oint, at each of which [)lnces I found the lobster factories at work, that at Crabb Point having done very well, 500 cases having been packed up to date. Beached Lark Harbour in the evening, and anchored there. (Jeorge Slieppaiji's factory was workinff, and that of A. Sheppard and ./. Hooper, which was in course of erection at the coiimiencemcnt of the season, had just begun to work, 8 iu\n(is bein^ employed in it. On the 17th 1 coninuinicated, by foot, with Little Harbour, and ascertained that there was but one tnan theie ; be was in charge of the French boats and gear. For the past three years the French have not visited this place, but the caretaker stated that he had been inl'onned that they intend reoecupying the harbou" next season. 2. Leaving Lark Harbour at 10'45 .\..m. on the 18th, Bonne May was reached at .'i'45, and the ship was anchored at 6".'J0 r.M. in Neddy Harbour. On the 21st July I received your telegram informing me that you purposed arriving at Port Saunders on the 2Bth. Bonne Bay was left on the evening of the 21st, and throughout the night pa.-isagc to Port Saunders was made under sail, the latter place being reached at O'SO a.m. on the following day. The French cruizer "Indre" was at anchor in the port; and the dispatch-boat " Erin " was absent, Lieutenant Weigall having proceeded to visit Bartlett'a Harbour, and other places to the northward. 3. Left Port Saunders at 530 a.m. on the 24th .July, and reached Port-au-Choix at 8 A.M., where the ship was moored. The reports of the fishing at this place are more favourable than those of last season, 5,000 quintals of cod having been already cured. Proceeding to sea at 'J-30 a.m. on the 26th July, visited Dog Island and Old FerroUc, anchoring at the latter place at (jMO r.M. Foggy weather was ex[)ericnced during the day rendering navigation difficult. A strong gale sprung up on the morning of the 27th and continued throughout the day and night, gradually subsiding on the 28lb. Weighed anchor and put to sea at 9 a.m. this day, and arrived at Port Saunders at 6'40 p.m. I have, &c. (Signed) D. M. RIDDEL. No. 22. The Marquis of Salisbury to the Earl of Lytlon. My Lord, Foreign Office, September 24, 1890, IN your I'^xcellency's despatch of the 5th June last you reported that .\L Ribot had expressed to you in conversation iiis contidenco in the possibility of arriving at a iinal settlement of the Newfoundland Fishery question on terms satisfactory to England and France. His Excellency observed, however, that France could not take the .13 A. RIDDEL. A. RIDDEL. tnitii\tivi' ill iii;ilt«!r of NvWloiiiid- huid, iiiid dlhcr l)il(\i,';itt's from (lie ('oh)iiy, have arjivcd in Kna;lan'l. 'I'luv Iwive liad re|)eatcd eDnd'reiices with the Secretiirv iit Stiilc lor llic ('.i|iiiiic."», mid Wcv MiicHty'H (Joveriiiiiciit have received (roin tiieni full inroriiiiition as to the wi-ins and iVehng of the {)^[itii .tioii in regard to tiiis (piestion, which is of vital iiiiporlatice to the Colony. I nin, coiiseqiirntly, iiow cnahled tn give you instructions lur eiiterinjf upon the siiiiji" t vvitli tlu; Kfiieh Minisler for Foreign Aflairs at the rfirlii'r.t coiiviiiiont (ippoitniiity. The (|ii('stii'n, ax yon are aware, is one of meat conipL'xity, ami Uw^ hcen deliatcd Ictwcen the two (invernmcnts fir many years wiiliont iiiiy solutian liavin,' liceii arrived iit. 'ri:e main puii'ts now in controversy between the two countries, ns to tlie nicaniiii; of the interniition.il en;;ageni( iits wiiicli si cure to the French ri;j;!its of li-iicy on a portion «f the sliore of NewCoundland, appear to he the followiii'j; : — 1, W li'.tlur (iieat Hritain, in virtiu- of her suvereijiity over N\n\fi)nndlanil, possesses on ihat part of the coast rij,'lits of fisliery coneunent witii tiiose of France and C(pial to tlvni ; or only iii;hti'. wliicli nuist l»c so exercised as not to dislmb tiic fishery of France; or no liiihls of tislicry at all. '.'. WlictluT (ireat iJritain, hy j^ranlini; to Franco the rtu;ht of dryintj fish and cnltinn wood alony; tiiis part of the shore, and hy pro ijs'iii; tiio removal of "etahlissements sedentaires," has eni,'a!;cd to prohiliit iicr snhjects from orectiui; any kind of hniidiii;; on tiiat pait of the ^hore, or only tiiosc huihlinj^s which are concerned with the li^hery ; and, if so, whether lobster factories are included in the prohibition. 9. To what depth inland do the prohibitions against buildini; on the part of British subjects, whatever they may be, extend ? 4. l)i) tlie words " perniis de pi^clur et de scclier le poisson " apply to all Kinds of animals found in tlie sea ; if not, to which Kinds is the ap|ilieation limited i .'■. Do the Treaties, by prohibitiiii; French subjects from any construction on tlu' shore beyond "echalands ct cabancs necessaircs ct nsites pour seelier le poisson," prohibit them from ereetim; reniovablo lobster factories'/ There arc, in addition to these, ollur (pustions of a less imporlant character which probalily woidd not ,i;ive much trouble if these primary (piestions were settled. The tcni|),!iary aiTanj;enient which was a;;ici(l upon between the two (Jovernmonts for the rcftulation ol this last (jutstion durini; the present fishini; season appears to have •worked satisfactorily upon the whole. Iler Majesty's Cjovcinmcnt gladly ackuowledjro that ibis icsult has been lariicly due to the coiuiiiatory instructions issued to the I'Vench Naval Commander, and to the friendly and considerate manner in whieii hu has acted 'iipon them. ]Jut the airan/cinont, as you arc aware, has been nio«t nnfavonrably rcpiai'ded in tlu Colony, where it lais f,Mven risr" to tmicli nf^itatioii and exciteiiienr, and the liritisli Naval Commander Iw > met with considerable iipposition in carrrvinj; it into elfect, and bis acli(m has been made the subject of !ef,Ml proceeding's in the Colonv. It is scarcely, therefore, to be hoped that this modus livmdi, which was, in fact, merely a temporary compromise |)endin^ afempts for a more pernnneiit solution, could ,'je indefinitely prolonged with advaiitaije and convenience. All the [lointH of diflbrciice whicli 1 have enumerated above have been argued at irreat lcn,!ifb, without cither paity having succeecUd in producin;,' conviefion on iho put of the other. Aihiliation appears imw to be llie oidy method to which resort can be had, if a phrn i;iid aulhoiitative delinition is le^piiivd of' the extent and nature of the rights been red to France by the Treaties ; and with respect at least to some of these we havo received the assurance that the Freiuh Governnicnt is not unwilling to have recourse to •this method of adjustment. J?ut Her Abijcsty's Government find, from the l.ingua-e of Sir William Whitcwav and tithcr JJcprescntativcs of the Colony, that tho wishes of the colonists are centred on the attainment of s;;p-.e arrangement for the termination of French ri-hts upon their coast, and tiiat thry do net consider that arbitration, unless, iiuiecd, it should form an accessory part of such an nnangement, would furnish sncli a solution as they deshc J iiey jioint out that even if the (loci not take the cf rights to French fisherman was not incompatible with the circumstances of the'Vime if 3t when it was iniulo, when tlic coast in {ground for their respective seamen, it, is not an arrani;enieiit wliieli (;an lie enlorecd witliont i;reat incon- venience :ind snlferin"; on a growinj:; Colony, witii tlie icgular ori;ani/.ation and institutions of |)iesent civil life. As the ptipidation on the coast incn-a^ics, the evil is naturally intensilii'd, and threatens to lead to most serious eonsccinences unless some complete! remedy is applied. The method of fishery has materially altered since; the Treaties were concluded, and owini; to this change, to improved means of communication, and to the development of the Islands of St. I'leric and .\li(|n('lon as a hase for tiie l'"rcncli fishing operatioiw, the use of the shore has ceased to he of !j;reat advantage tc Kraiice, and (iie convenience to the Krenoh tishinj.; industry is now extremely small in proportion to the injury which the Colony suHi'is from the restiictions imposed on the iniiahitants. In proof of this, it is stated tint out of some SOU Fieneh vessels with crews of over 9,000 men employed in the (ishcry, almost the whole resort to the hanks, and that not more than sixt.'cn, or, accordmjj; to some accounts, only seven oi' eii;lit vessels ])ursne the fishery on the coast of Newfound- land; the capital invested in this portion of the French fishery imwj; estimated at less than 40,000/. 'I'he private interests actually involved are not therefore very important, even if the V due of the six or seven Fri;nch lohster factories erected on the shore, the lej^nlity of which ![er Majesty's (iovernment have always contested, were added to this amount. In exchanj;e for the withdrawal of the French riii;lits on the coast, the Colony is willini,' to offer fidl facilities lor the purchase of hait, which is stilted !)y French no less fli.in hy l')ritisli authorities to he a matter of prime necessity, and is certainly of the greatest convenience to the French fishint,' hoats in enai)linij: them to ^;>.t early to the hanks. Or, if |nef'erred, the colonists would he prepared to make a leasonahle money payment in consideration of the value of the I'dvaiitaf^es surrendered, ani fm- compensation of the interests affected. The lli'presentatives of the Colony are convinced that an arrangement of this character would he highly profitahle to France, and are anxious that no time sliould he lost in su' 'nitling it to the consideration of the French Covcrnment. 1 re(piest that your Excellency will give a copy of this despatch to M. Rihot, and in doing so will assure; him that it would lie a inatter ol cordial satisfaction to Her Maje>,ty's (jovernment it your overtures met with a fuvonrahle response. The (piestion in its jiresent condition is a source of constant anxiety to the two (Jovernments, and there is little ground l<)r hoping that, as time goes on, this state of affairs will iniprove. Indeed, from the reasons which I have given ahove, tlie ditlicultics with which the matter is sur- rounded tend ratlier to aggravate than diminish. ICven if the Treaties could he relieved from the ohscuiity of language which threatens to create so much perilous elispute l)etwecn the two nations, tin; continued existence thereunder of any foreign rights must in any case; remain hnrdensome to the colonists in a degree wholly out of proportioa to the henefils wliich they secure to France. Ilcr Majesty's (iovernment aie anxious scupu- ionsly to fulfil their 'IVeaty ohiigations towards France, but the necessit.y of ciifiircing them to the detiiment of the ('olony cannot he otherwise than uiiwelcome to them, as they believe it must be to the French (iovernment. it would he greatly to the advantage of both oui.tiies if any rcasonal)le arrangement could be arrived at. for replacing existing engagements by others which would not be ojien to the saiiie objections. J am, ifce. (Signed) S.\LISMIJIIV. No. 23. The Kiirl of l.ytlon to the Martiuh of Salishuri). — {Ucinvid Orlnher 1.) My Lord, Ptnh, Sfiilniihrr 'JC>, 1890. YOUR Lordship's despatch of the 24th ir.staiit, containinji; proposals for a settle- ment of the (piestions in dispute between the French and Knglish (ioverninent.s respecting the Newfoundland fisheries, reached me yesterday nioriiing;, and in the afternoon of the same day I handed a cojiy of it to M. Kibot. Ik'fore doing so I explained to his Kxcell • icy the nature of its alternative proposals, and laid stress on the imjiortance attached by ller Majesty's Cioveriiinent to the acceptance of one or other of them with a view to the termination, at the earliest possible date, of a situation fraught with inconvenience and confusion to all the interests affected by it, botli French and Enjrlish. I also dwelt on the dilliculty ot atlcnipting to postpone a permanent settlement of these qncstions by any indefinite 35 prolongation of tlio i)i(»vi«ional aiian^'onient wliicli 1ms jtrovokod so nnuli a<:;italioii and oxritoiiicnt in (he Colony, or of sockiii''' such a scttli-nuMit in any olinr iiiianyonu'nts wliidi t'aili'il to I'loo the industry and resources of a self-iioverninj;' Colony from the inconvenience and sulleriiij;' involved in the enforcement of rij^hts exercised hy a foreign Power upon its coasts. I rej^rcl, however, to inform 3-our liordshij) that, nolwithstandiiif^' my earnest representations in tiie ahove sense, to which M. Ivihot listened «itii attention, his Hxcelloncy, alter lookiii>;' tliroujj;li the despatch which 1 tlien placed in his haniN, at once expressed his opinion that lU'ithcr of its two proposals conhl he rcnank'd as acccptahle. On my askin;;- him wheliier 1 was to consider this as a rejection of tiie proposals I had l>ei'n instructed to urije upon his most serious consideration in view of all the circunislatices fully set forth in your Lordship's despatch, his i'ACi'llenc} said that, of course, he conld i;ive no sort of answer oli'-hantl to such a con.nnmication. Mi- had hardy glanced tliroiigli its contents, and could only indicate the general imp'cssion they had made on him. Mul it woidd receive a delinite reply after it had hcen siihmilled to his colleagues and carefully considered hy the Cahinit. He intinnited, howover, that he looked for a permani'nt settlement of the Newfoimd- land I'^ishery (jnestion hy means ol arhitration nndei conditions less restricted than those which ai)pcared to he placed on it hy the terms of your Lordship's despatch. 1 then pressed for a delinite reply to the despatch at (he earliest possihle date. M. Hihot said there wotdd he no imdue delay ahout it, hut, as there would he no meeting of (lie Cahinel next week, and he was much out oi' health, he was ahout to go to (li(! country to-morrow for a week's rest, and 1 must not expect any commimication from him on the std)ject till after his return. I have, 8ie. (Signe.l) LVTTON. No. 2A. The Karl of Li/llon lo lite i\fitrijiiis of Siilinlnirii. — (licceircd October (i.) My Lord, Paris, Orlolirr ',, lSt)(). I IL'WI'i the honour to transmit to your Lordshi|) copy of a note in which the Minister for Forciiin Allairs informs me that he has sul)mitted tiic text of your Lordship's proposals for the settlemi'iit id" the Newfonmliand I'islui'y dispute to Ihi! immeer votrc K\cellci\ce d.'S vucs du (Juuverncmeut do la Ueiud]|i(iiu' tuuehant Ics suggestions (|ui y sont formulces. .Agree/, &i-. (Sigiie) UIHOT. ( Translalion.) .M. I'AmSasMuh iir, Paris, Orlolirr '2, 1S!I0. YOl'K L\iellcney was itood enonuh to conimnnicatc lo me a despalcli av!(lresscd to yon hy Lord Salisbury on the 2 till ultimo with regaroi^tieiii'ii', a instructions i)nl i;llcs sont 1 dcs intc'rots uvornonKMits, lo conliancc, liniilrc, tout )ti' i'l Inqucllo vc'C K's scnti- , ct il ajoutc consent ir a 'olonio sorait ! raisonnable dcs inte'rets Lcs Representants de la Colonic sont convaincus qu'ini arrangement de cctte nature sera it jiroHtahle ii la France et \U auraient de'sire qu'on ne perdit pas de temps pour Ic souniettre h Texamon du Gouvcrnement Fran9ais. Ainsi que j'ai eu I'honneur de le dire, i\ diverses reprises, ii votrc Kxcellence, les intentions conciliantes du Gouverncment de la Rcpublique no sont nullcnient cliangees. Contiant dans les sentiments identi(iues qu'il a toujours rencontres aupres des Ministres de Sa Majeste, il ne doute pas qu'unc solution favorable nc puisse intervonir iiuo fois encore, ot il est tout dispose a rechcrcher les conditions d'un accord. Mais il n'hesitc pas h declarer que los propositions qui t'manentdos Reprcsontanis do la Colonic lui seniblont reposcr sur une appreciation tout a fait inexacte de la n.ituro des droits et do I'importancc des interets Fran^ais, ainsi que sur une exageratioii manifesto des maux dont se plaint la Colonic. Sur CO dernier i)oint, jo me contenterai de fairc observer ^ votre Excellence combion les plaiiitcs de la Colonic sont pou en rapport avcc los ronseignoments parvenus aux deux Gouvornoments sur le calme complet avoc loquol la poche s'est acconiplio au couis ties dernieres campaniles. En raison de ces diverses considerations et mali^ir lo dt'sir sincere dont lo Gouvernc- ment Fran^ais est anime d'ccarter des difiicultes toujours regrettablos, il n'a pas cm devoir adlierer aux propositions qui lui sont faitos d'ecliiinii;or sos droits, soit coiitre lo paionienl d'unc sonuiie d'argont, soit centre eortainos facilites au sujet do radial do la boctte, TiO Gouvcrnement de la Rojiubliquc est, d'ailieurs, tout dispose a examiner les autrcs conditions d'un accord qui pourriiient lui otro soumises, soit qu'olles so rapptoebent des bases du projct redigo en 188o, soil qu'ellos visent I'eventualite d'uiio decision arbitralo, conforme'ment aux premieres vues doji ecliangccs ii co sujet entro les deux Gouvcrnenients. Agree/. &c. (Signo) A. RinOT. (Translation.) M. rAinhnssadeur, Paris, October 29, 1890. YOUR Excellency was good enoui!;b to communicate to mc Lord Salislniry's despateb of t!ic 21tli Se|)tend)cr last, having as its object to place before the Government of the Republic proposals with a view to the final settlement of tlie Nowfoundland I'lsliory (piestion. As his Lordship observes, the (piestiou is complex and has been debated between tlie two Governments for n any years, and though I do not (eel called upon to taUe up iiere the points einimeratcd in Lord Salisbury's despatch as being open to discussion, it is certain that it has always been the desire ol the two Governments to prevent the ilivcr';ence in their views from resulting in more serious difficulties. These conciliatory sentiments have, on -arious occasions shown tlieinseives l)y acts. Thus it was, without going very far back in the past, that the (jovorninent of tlie IJepuhlic and Her Majesty's Government were able, in 18,->.5, to cstalilisb the bases of an iinder- slaiidiiig ccpially honourable and satisfactory to the interests of both p irties. Tims, o:ily last year, both Governments agreed to define the conditions of a modus vivcn^li, the observance of which, as liis Lordship declares, bus, on the whole, produced satisfnetory results. Thus, again, it iii that the instructions ar.nualiy given to the Coiiuiianders of t!ip two criii/.ers, and the manner in wliicli they have been understood and apjilied, have always obviated the apprehensions wliicli the irritation to private inteivsls niigiit have arouscfl. In his despatch Lord Salisbury is good enough to recall that, in the pursuit of this work ol conciliation, both Governments had, in a spirit of mutual coiiHdence, I'onteinpluled the eventuality of a resort to arbitration. Hut, whilst rccogiiizini; tlie advantages of tins mode of settlement, the Prime Minister informs us. in the note to wliieii I have the honour to re|)ly. that it does not ajipear that this solution would be in conformity with the wishes expressed by Sir \V. W'iiiteway and by the Newfounilland Delegates; and he adds tlia*, in order to s itisly the wishes of the Colony, France should consent to surrender the riLi;lrs secured to ju-r hy the Treaties ; while in return, the Coloiiv svould be disposed either to oiler facilities for the ]iurchase of bait, or to make a reasonable money payment proiiortionate to the value ,f the advantages surrendered, and as comjiensation for the interests atlccted. The Keprescntatives of the Colony are convinced that an arrangement of this chiir.icter would bo protitaiile to France, and they are said to have been desirous that no time slioul 1 be lost in submitting it to the consideration ot the French Government. The conciliatory intentions of the Government ot the Repulilic, iis 1 have on several occasions had the honour to observe to your Kxcellency, have in no way changed. I^clying on the corresponding sentiments wliicli they have alwavs encountered on tlie pint 98 Hi of IJor Miijosty's Miiiistcis, they do not doubt that a favourable scttlcmcut may be ones more cdbctcd, and arc cjuite pri'pared to iufjuiro into tlic conditions r.t' a possible agreement. But tliey do not licsitato to declare tliat tiie proposals emanating from llie llepie- sentatives of the Colony appear to rest on a wiiolly inaccurate appreciation ot the nature of the rights and of the importance of the interests ol France, as well as on a inaniiest exaLineralion of the evils of which tlie t'oloiiy complains. On this last point, I shall content myself with poiatinii; out to your l].\eelleney how little the complaints of the Colony are consistent with the information which has reached the two (iovernmcnt.s as to the complete tranipiillity which has ehiirnctcri/.cd ti:e fishini? opeiations of recent seasons. In viv.'w ot these various considerations, and n()t\\itli>timdii!i;' the sincere desire of the 1 Veneli (Government to [irevcnt ditliculties, always regr.ltaij'.e in themselves, tluv (in not he! justified in accediny to the proposals niadi.' to tiiem to exchanu,e tl.eu' riulits eiiii! r for a money payment or (or certain fiicilities with regard to the psiiehase of hail. Tlie (lovernmcnt of ll:e Hepuhlic are, however, (piite jurpared to eoiisitier snch other eoiidiliiuis of an ai;reement as may be suhmilted to them, whither iLev appio\i;nate to tlie iK!S(s (,( the scheme diawn up in ! bSJ, oi' whttlu r thiy contemplate an evmtual lesori I.) ai liitiatioi), it) conformity with the preliminary opinions already c,\cha;iL'ed on the huhject between the two (lovernments. .Accept, &e. (Si-ned) A. Kir.Or. No. I'O. Colonial O^/ice lo Forciijii OJ/i'cr. — (^licrrived Norcinlicr 1 1.) Sir, Doinilmj Hired, November 10, IhOO. 1 A.M directed by Lord Kniitsronl to transmit to yon, for the information of the .Manpiis of Salisbury, a copy (d" a despateb uhieh ho has addressed to tlic! (iovernur of Newfcmndland on the subject of the i)r(ieee(lini;'s uliieh have taken place viiiinu; to the Xewroundiand l''isheries (juestion duriuir the A'isit to this country of Mr AVilliam Whiteway and the otiier gentlemen associated with him as Deh^gates from the ('; ].5!iial (lovernnu'nt. I am, tVrc. (Si^'n(«d) .lOlIX HILV.MSTUX. |Inch)surc in No. 2(). Lord Kiiu/sford to Governor Sir T. O'Brien. Sir, DoirnuKj Sheet, Xorrinber K), lSi)0. >.()\V thai .Sir W. Whiteway and .Mr. Harvey are about to return toNe\\round- laud, il maybe convenient thai I should give you some account of my communications Avith il;(>m and with the other Delen'.ites who aeeom|)inieil them, for thi' purpose of n>presenlini;' the views of the Government and Leuislatiu'e of Newfoundland wilh re,;'ai(l to those ([uesticms connected with the I'rencdi fisheries which have of lat(> assunu'd increased im[){n'tance. •J. 1 ha\e had the advantai^c of i"ecei\ in^' at this Oiliee on nmncrous occasions (he ui'iitlemrn whom ! ha\(' mentioned, and also AFessrs. Mond and I'juerson, and t!u' fr',-ts of the risluu'ies (juestion l'.!ive, 1 trust, conduced to a mueii e!(>arer nuderstaudiiiL,' on both siiles of thi' dilUcnlties which liave lo be deull with, and id' the cjurse which it may he possible to take in dealinj^with them. .'i I did not eau.so any detailed record of th»\se intei". iews (o he kept, as our con^ versitions were in a i^roat measure of a confidential nature, and it is of course onne(('s-;:>ry that J should report to you the stateuu-ufs made to me as to the colonial urievanees and fe(r tli(> prohibition, which h.-ivo hitherto i)rocluded the colonists from utilizini» the 'I'rcaty Shore, and, conscMjnently, the country behind it, for iigricnltural sotth-mcnt or mininf; ('nterprise. Particidar instances AV(>re, moreovcn-, brout^ht under my notice, showing that the eil'cct of this state of things is not conlined to the Treaty shor(>, ])ut tliat thlegates conteiuled that it is not possible, by any reasonable interpreta- tion of the Declaration of 17S3, to hold that Jb-itish settlements are to be cxcliuled from some hundreds of miles of coast-line, in order tliat at some lew ])laces I'lcncb lisbermeii may be enabled to erect Mooden stai^es for drying fisii ; and they urged that, while tlie Treaty sliorc is under tliat Declaration at ])rcsent closed to Uritish subjects, the I''r(>nch have been allowed to exceed tlie privileges granted by the same Declara- tion. They pointed out, moreover, that th(> Islands of St. Pierre and MiqucloTi, Aviiieh Avere ceded "for the purpose of serving as a real shelter for French fisliernuMi," and which were Tiot to become "an object oi' jealousy between the two nations," have been armed, and made a commercial ])ort for tiie collection and transhipment to fviu'ope of fish, on which, under a system most injurious to the colonial trade, bounties ar(^ granted from French funds even when it is consumed outside the I'^eneh dcniinions; and, further, that they have become a base for constant smuggling by i'rench subjects, while the French Government have refused to admit a Hrilisli Consular ofiicer to reside there, whose presence would to some extent be a cheek ui»nr this illicit traffic. T). It was also repi-esented that while anything in tlio natin-e of a British iixed establishment is made the subject of protest and complaint by the French (Jov(M'nnient and its naval officers, French buildings and a permanent French establishment have been in existence at Le Croc for many vcars : that this establishment contain'^ store houses, gardens for raising vegetables, and places for keeping cattle ; and that it is maintained not by any IVencb fishermen, but by the French (rovernmeiit for tlu^ use of its navy, while by the Treaty the French are bound not to erect any buildings " besides stages made of boards, and huts necessary and usual for the drvini,' of fish." (i. I am not aware that the existence of this establishment has previously been the subjcot of a special complaint from the Colony, and I have made iiKpiiry from the Lords (Commissioners of the Admiralty !is to tlio information in that Department respecting it. 7. Ky my despatch of the 2ltli June, I have already made you awar(> that Her Majesty's Government are fully alive to the disadvantage under which the people of Newfoundland labour owing to the existence of the ancient Treaties and engageinciits relaang to the fisheries, and that they will do their best to give effect to any reasonable wishes of the colonists in regard to them; but it must be remembered that J [en- Majesty's Government cannot force upon a friendly Power the renunciation of its 'iVeaty rights, nor compel the acc(>ptancc of an interpretation of those rights which Her Majesty's Government uphold, but Avhich is at direct variance with the interpre- tation upheld ty that Power. I also stated that Iler IMajesty's Government feel confident that, in these circumstances, the people of Ncnvfoundland will recognize the difficulties which at present surround the Fishery question, and will, on further con- sideration, perceive that the conclusion of a strictly temporary modus vivendi such as has been agreed upon, involving, as it does, no surrender of British rights and no admission of new French claims, was the best course which Avas open to Her Majesty's Government both to avert possible collisions on the coast of the Colony, and to give time for negotiating with the Government of France such a solution of the questions at issue as may result in a permanent, and, it is bope^d, satisfactory, settlement. 8. Tiie Prirpe Minister received Sir William Whiteway and Mr. IJond on the lltb August, the other Delegates being unfortunately absent owing to the shortness of the notice caused'by the accidental miscarriage of a letter from myself. A very interesting and important discussion took place, the details of which you Avill learn from Sir AVilliam Whiteway. It is sufficient for me to inform you that after full considera- tion of all that had been brought before him, the Alarquis of Salisbury felt himscdf in a position to give full instructions to Her ^lajesty's Ambassador at Paris, with a vicnv to the opening of negotiations for a comprehensive settlement of the whole question of the French fishery rights, and several communications have already passed betAveeii Ilcr Majesty's Government and the French Government on the subject of tlu; basis upon which it might be possible to conclude such a settlement. Having regard, 40 ■' 1 1 Hi- M lif)W('v«>r, to the very hws^o and fonn)licatoil (piostioiis involve;!, it can hardly be nntic'ii)ntod tliat any imnicdiato conclusion can he arrived .u botweiMi the two Govern- ments. J). ][er ^fajcsty's tJoverninent liavini,', as I have shown, heen made fully aoquainted with the views and desires of the Colony hy Sir AV. AVhileway and his ei)lleai,'ues, and haviuLf also reeeived inTormation from Sir James Winter and the i:(Mill(>ni(>n who eain(> over wi nej^otiations with the French (iitvernment must now, as you will readily understand, rest entirely in the hands of Jfer Majesty's (iovernment. Sueii iiil'ormation as I may froni time to time he aMe to impirt resjx'ctiui^ these nerrotiatioiis I shall convey to you without delay, and 1 shall rely upon the readiness of your ]\Iinist(>rs to assist Her Majesty's (joveriiment by supiilyinji; any sui^gestions or statements of facts that may from time to tim(> appear to lu; re(|uired, althouj;li while coiilldential eoinmunications are in ])r(),2:ress, it msiy not be jiossible to eons'dt them us to the ste])s which should be taken, and as to the method of conduetini^ the neijotia- tions. rnless it can be arranged that Her ^Fajesty's Government should again have the a(lvantai,'(> of tlw ])reseiice in this country of a J)elciifat(> enjoyiui; the conti(lencttlement. I have, &c. (Signed) KNUTSFORD. No. 27. The Marquis o) i-'ilislnirij to Uie Earl of LyUon. :\ry Lord, Forvhju Office, November 17, 1800. liV the wish of the Xewfoundland Delegates, I laid before the French (iovern- ment, through M. AVaddington, to-day the proposal whieh they thought might possibly meet with the acceptance of that Government. ^ly previous conversaticms with his Excellency had not led me to be so sanguine as Ihey ajjpeared to be in that respect, and therefore I offered it without comment. It was to this ctTeet : that in consideration of a good ]?ait ]5ill and a sum of money to be afterwards agreed upon,tlie Erench Government should abandon all their siieeial rights on the shores or in the territorial waters of Newfoundland, and should also discontinue the practice of giving a bounty on fish not consumed in French territory. ^l. AVaddington replied that he would lay the jiroposal before his Government, and would conim\inieatc the answer as soon as it arrived"; but that he had little hope of its being favourable. 1 am, &c. (Signed) SALISBURY. No. 28. Admiralty to Foreign Office. — (Received Xovemher 22.) Hr, Admirahij, November 14, I89(.i. I AM commanded hy the Lords Connnissioncrs of the Admiraity to transmit, for the ^-.erusnl of the Secretary of State for Foreign Affairs, copy of a letter from Captain 41 Sir Baldwin Walker, of Her Majesty's ship copies of its inclosures, rep « Emerald," dated tlie 22nd October, with o'ting on the lobster factories, Newfoundland fisheries. I am, &c. (Signed) EVAN MACGREGOR. UTSFORD. LISIU'RY. Inclosure 1 in No. 28. Captain Sir B. Walker to Vice'Admiral Watson. (Extract.) " Emerald," at Halifax, October 22, 1890. I HAVE the honour to forward the Reports on the lobster factories established on the portion of the Newfoundland coast subject to Treaty rights. The present season has been an indifferent one, with few exceptions ; the larsje quantities of heavy ice on the coast I believe partially caused this ; the weed on the rocky bottom in which the lobsters are taken during July (in which month the best results are usually obtained) was this season rubbed quite bare in the shallow water by the masses of ice ; the catches were consequently small. Another fact confirmatory of the above is, that September was the most successful month this year ; during this period the traps are moved out into deeper water. Another cause is the rapidly decreasing size of the lobsters (a sure sign of exhaustion). The number required to fill a 1 lb. can has in nearly all instances increased. In the case of Messrs. Shearer's and Forrest's Brig Bay factory just before finally closing, it required seven to eight lobsters to fill a can. The greatly increased price will, notwithstanding this, have made the season generally remunerative. The small factories, many of which are established on the truck system, will probably pay their suppliers handsomely, if not their owners. By the inclosed Returns it will be seen that, notwitlistanding the modus vivendi, there has been a very large increase in the number of factories. The urgent need of proper Regulations in order to prevent this industry being' destroyed is obvious, and a check on any further development is necessary in the interests of the whole community. This year there are no lobster factories working to the north of Brig Bay, the grounds showing unmistakable signs of being exhausted. This will rapidly extend to tiie whole of the west coast if the increase of former seasons be permitted, and to which that of 1891 promises to be no exception. This augmentation in the number of factories also constitutes a grave danger of serious international difficulties, to say nothing of the constant disputes that are certain to arise among the native fishermen and their employers. This season there have been cases of these local differences, which up to the present 1 have been able to deal with in a manner satisfactory to the persons interested, but this cannot be expected to continue. The factories on the east coast call for no special remark, both being on a small scale. The French factories of Brig Bay and John Meagher's Cove were enlarged the end of last season, and have employed a greater number of hands, as is also the case with the Barred Harbour factory, St. John's Island. The new one erected at Clam Bank Cove, Port-ii-Port, is on a small scale, and apparently on a difierent footing to the others, all of which are connected with the cod fishery. In the case of the three first-named large ones, the cod fishery is auxiliary, but with the two at Port-aux-Choix cod arc the primary object, the lobsters being of comparatively little importance. The number of men employed in the lobster industry with these two varies; a greater number are put on lobster catching when fish are scarce or bait fails, and vice versd, the standing hands being four in one case and six in the other. The factory at Port4-Port, owned by M. Tagan, employs native labour, and it is by establishments of this kind that I expect the French will endeavour to further develop the lobster industry, for I doubt, even with the higher prices prevailing for preserved lobsters, if the large factories to the north pay suflTicientiy well to encourage others to embark in the A'cnture. It will be seen that several new English factories are contemplated besides those waiting for the termination of the modus vivendi ; at least two, and probably three, will certainly be objected to by the French, as two of them are situated in the middle of their fishing grounds. N G 42 'Two now Kiench I'iictories arc also spoken of as likely to be ercctoil, and I. fully expect, unless some JUTanarcnicnt is arrived at, that more will be set up, thoii!,'li probably illl on .1 small scale, iiy Kureliiiiits ix'lo'iuin'j; to '^t. I'lerie. In Couiinandcr Hi kid's 11 'p!)rt on l'"i'eneli lohst'r fa;'toriis, T ol^serve that furty- tlirci' men is ;;iven as tin; nnmher employed tliis season hy ilie Hri^- liay I'aetovy. but I led certain this is an mulei-estiniatc, as tiiat was the iiunil)L'i' last season, and I know I'roni |)ersonal oliMrvation that the crew ha-* sine.; bt;en increased, I bc?lieve to sixty-tbrce, makinj; tiic total nnnibcr of Ffencli cmpiovcd on this industry as \G'2, tndosure "2 in No. L'^. C'ommundiT Riddrl tri Citpltiiii Sir i>. Wiilkvi Sii, " Pelican, " lit Siiiliiei/, C.B., (klnbvr 1:'., l8;);). 1\ lorwardin;^ a Re|)nrt .m the British lobster factories working on the west coi.st of ISewlbmidlaild dminj' the season of I8!)(), I have the honour to make tile following remarks. '2. There were sevei'ty factories in existence between Cape Anguille and Bri;.^ IJay. Of tlie.sc, thirty-seven wcic new, and many of tbem did not commence work urttil late ill the season. 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S3 1- g o o CO o X O y 00 ^ *j C't i; ^ -°' = ce r £. C 7 S u n 1? s -H 5; -5 (^ E I Ii Si ^_ 1 O B ( Z. •j.imo . . . Ii •n«!)»fi o .-: CO - o «l t- •JS'llO . . . — ■=^ s S "1 1 ■»»!1«N I^CO - o en a< JM ■m>o rt . . . i = c2 o I" ■a.\\\vfi e^ -f rt ; : ; h 8 ■/; 9 1 o • • 1 i5 S ' ' 'C : i i ■= "3 H r.s >• O 6tS n »■ ■ J. • »'" • -,_^__ • ^ • e • '1 O 4) • X >■ " c4 1 "I"!? e -a I 4> 5 « A S cd £ |=-l|l 3 J ^ bn ^ iin a X i •oir Sura BinSausia tete o S o ■I i J5| a in o CO 05 I. 4j :li. -17 liicloHurc 4 ill No. 28. List of Lnlwlr-r Kactorics hiiildiliu; or proji'ctfd lor Work diirins; the ScoHon of lHi)l. Lociilily. -~ Kor wlmin or liy «'l llilildiii^, '"" Unimrk.. 1 Oil ilxin I'oi.it (<;nit!oi'i» Ui VI+) J Chclwyllil .. , , Cook-lioU'i' iTCCtt'd. I'Mdv'H Covci .. , , 1 (loriiifl ., Purii.dly Indlt. ' I'oihIh River . . • • l-'eoru ,, Slii;{in;( niiirkt'd out and oomincncpd, and pier Ktarti'd. l)nni«>rii llni'Imiii ^ , Fnin • , Iti'ii'M'ti'd an in c'ontcni|)lntiuii. Itoi'he'n lli\rl)0!ir t • Holicrt" . • lluiMiiius ciniplctcd. ItiK'lir'n llnrtioiiv • • I'lniciiiit and l''ra>'.c'r , . . . In Iranit'. lliikt'i''» Hrciol; , , ' l'av/.aiit and Knixcr . . .. Ditto. I.iilnlcr Covo • • Mairyard .. .. Ditto, Norris I'oint . . ,, Mini. .M'l)i«iuMl.anirri'iii)dm(intM nro conn! to hclwucn ilritinh and French Biilu of Hiiy Ht. (ifoigo fiillcM aad Co. . . • < 1 Diiliait Mild Co. 1 'iovcTiimcnlN. IJucct and C". 1 KUKNOIl l''AC'iOlllKH. I'ort-H-l'tin.. . . 'ragini . . • • , . llnildinKH not voiniuvnced. .North ol' Cape {ii-orgo . , Poiirricr . . .. Ditto. Uomri'FiM.. lirflkoV Covo , .{ Ilatliburton . , Plant rcniovtd to (ioosu Arm this sriiiun. Arclii'd , . Not known One. l.srk Ilni'liour .. Ditti). Two, (Sigiietl) D. M. N. lllDDELi Commander. " Pelican," at B "!/ St. Gvonje, October 9, 1890. Inclosuie 5 in No. 28. Commander Riddel to Captain Sir H. Walker. Sir, " Pelican," at Sydney, C.B., October 15, 1890. I HAVE the honour to forward u Report oii the French lobster factories whicli liiive heen in opcrntion on the west coast of Newfoundland during the season of 1890, and in doing so, I beg; to submit the following remarks. 2. The factories at Fort-aux-Choix (2), Barred Harbour, Bartlett's Harbour, and Brig Bay, which were working last year, have continued in operation this season. That of St. John's Harbour appears to have been merged into the large factory at Barred Harbour, which is also fed by catches of lobsters made at Sesostris Bay. The number of factories working this year is equal to that of last season in consequence of the erection of a new factory at Clambank Cove, on the mainland, a short distance north of Red Island. 3. There do not appear to be any difference in the factories from previous years, and all must hb considered as pertaining to a permanent character, antl therefore a violation of Treaty rights. 4. A larger number of nifen have been femployed in lobster catching and preserving this year than formerly, for last year 13! French was the total number; this season it was 142 French and 10 natives, the latter being employed in Clambank Cove factory. The tlshing has not lieenso successful as that of last y.^ar, as will be seen from the attached Report, the information in which was furnished by thfe Managers of the respective iactories. • ' 5. I have riot heard of any projected French factories on the north-west coast of Newfoundland ; but two are spokeh of further south, one in Port-^-Port, and one near Cape Geofge and Red Island. 6. Tlje number of cftses of Jobstel-g packed by the prestent Brig Bay factory, when established in VVhitfe Bay In 1888^ *a6 300. I have, &c.. (Signed) D. M. N. RIDDEL. 48 00 d ;^ a 2^ .fl o 00 o d o I' a ^2; ^ 6 <» 0) o cl o 2 o d I I .d u I 09 .r ■a 5 5 •2 ■a i ^ ts o 2 " 13 a P M 02 1-8 ll .s a 51 1 •aAiiBfj ^ o ■if.iuajj ■gAiio]!] 'qauojj I J I s .& 3^- Q p 1 C 3 ■a •a S. -an a J I t; o •c o Ol ?» I a. t: 4» ' Inclosure 7 in No. 28. Lieutenant-Commander Gray to Captain Sir B. Walker. Sir, "Forward," at St. Johns, October 15, 1800. IN nccordance with your sailing orders, dated the Ist September, I have the honour to forward a Report on the lobster factories on the north-east coast of Newfoundland. . 2. I could hear of no others likely to be established next year. I have, &c. (Signed) S. W. A. H. GRAY. 1 84 J H w (M CO o •? u 1 Commenced working the 10th Aagiut, 1890. 1 1 1 s ■i 1 Number of Traps. .a o 00 00 1-2 _o •^ 1 If " - 3 vn ^ o c 1 1 o is "a 1 1 Owners. o M Q §1 1 i 'A It s .- -a 1? d r. ; : o 51 ' No. 29. Admiralty to Foreign Office. — {Received November 22.) • Sir, Admiralty, November 17, 1890. I AM commaaded by the Lords Commissioners of the Admiralty to transmit, for the perusal of the Secretary of State for Foreign Aflairs, copy of a letter from Captain Sir B. Walker, dated the 22nd October, forwarding correspondence with the French Com- modore on the working of the modus vivendi, I am, &c. (Signed) EVAN MACGREGOR. Inclosure 1 in No. 29. Captain Sir B. Walker to Vice-Admiral Watson, Sir, "Emerald," at Halifax, October 22, 1890. IN forwarding the correspondence with the French Commodore on the working of the modus vivendi, I have the honour to offer the following explanations : — 1. On the opening of the season 1 tound that there were in all about forty factories in different stages of advancement, and of these about thirty-five were desirous of operating ; as a set-off against this great number of Knglisii iherc was only one French factory, and that of small dimensions. Should the French Senior Officer, therefore, withhold his assent and desire the arrangement to be carried out in its entirety the hardship entailed would bo very great, and, in many instances, cause the ruin of the small proprietors. 2. The question also of the transference of ownersliip of a factory from an English subject to a firm claiming to be French, and to have the factory worked under that nationality, further complicated matters, it being situated in the midst of several new English ones. 3. Under the above circumstances, I considered it my duty to see the French Senior Officer, and to make the most advantageous terms possible for Newfoundland. 4. The entire negotiadons were carried out verbally, and the exchange of letters tbat took place was the outcome of decisions previously agreed on. The result of the conterence was that in consideration of the recognizing of the new French factory no objections would be made to the small English ones, which were to be treated as non-existent. The Commodore further explained, in view of the great number of new English establishments, he must formally request the closing of the three he notified ; he also mentioned that he believed that there were several to the north of Bonne Bay, and he would probably have to request that some of these be closed. I then informed him that in the case of three, which he requested me to name in niy letter, building operations hud been suspended since March, and therefore they could not in any case be ready for some time. 5. The new French factory was formally exchanged with an English one, and on my representation of the circumstances relating to the supposed transfer of the McFatridge factory, the Commodore informed me he did not recognize it as a French establishment. 6. The next question that presented itself was the allotment of fishing grounds ; this, in the case of St. Margaret's Bay and to the north, owing to the harmony that prevailed, was unnecessary. At John Meagher's Cove, where a boundary already existed, I have had to give way to the disadvantage of the English factory. The inclosed tracing explains maltcrs. The French Senior Officer stated that last season he claimed the boundary marked in black, whereas I gave that marked in red, so the dotted line was accepted by both. 7. By the above arrangements, which admitted the intermixing of the French and English trawls in St. Margaret's Bay and to the north, complaints of hindrance to tli,^ legitimate French fishing were avoided, and, by a compromise in John Meagher's Co\ e. which satisfied the French, the chance of like complaints on this portion of the coast was avoided. 8. Tho modus vivendi was, I regret to say, broken by McDonald, who has a factory in St. George's Bay on the north side : this closed on the receipt of the order on the 17th June, and remained so until I had left the vicinity, when he recommenced operations, but being on a small scale, he did so unobserved. Mr. Chetwynd, of Halifax, also transferred a portion of his factory from Current Island to Caribou Point, Castor's River, [84] H 2 52 in the middle of August, but Lieutenant Weigall, on the receipt of the Commodore's letter, very rightly went immediately and ordered him to stop building operations. This he promised to do, and when T visited the place on the 19th September no further work had been done on it. The building erected was the cook-house ; the factory proper had not been commenced. 9. With reference to the factories mentioned in the correspondence, I would observe the Coal River one did not come under the prohibition, as it was in operation in June 1889, though it had escaped our notice. The factory at Eddy's Cove, belonging to Mr. Young, I arranged at Halifax in April last, should have no further steps laken towards its completion. When the " Emerald " and - Pelican " visited Cow Head, Fearn's factory was incomplete, and no one there. However, it worked later on in the season, and was not objected to by the Commodore, but I am not sure that he visited the place. No attempt was made to proceed with the buildings at Pond's River, the stage being the only visible portion. Mr. Fearn verbally informed me that he did not complete it, as the traps of the Port Saunders' factory occupied the fishing-grounds. 10. I would most respectfully offer the following suggestions : — Should no permanent arrangement with reference to tlie lobster industry be arrived at before the commencement of next season, I think the status quo of 1890 should be maintained. Lobster factories or fisheries not forbidden during this season should be permitted to continue their operations, but no new fisheries nor any transference of factories or fisheries to other sites should be permitted pending a final settlement of the question. 11. Some of the factories at present working, as well as those preparing to do so next season, have the express intention of endeavouring to obtain damages by legal process should the naval officers interfere with their operations. I consider it would be for the general good, and more likely to insure tranquillity on the coast, if powers, about which tliere could be no question, were given to naval officers for carrying out Treaty obligations, and giving effect to any arrangement that might be entered into between the respective Governments. It would also stop this si)eculative trade for damages which has been embarked on, encouraged by the present situation, and the false statements circulated in the local press, and inserted in the London " Standard," that damages had been volun- tarily paid to James Baird on account of my action in closing the Fischel's Brook factory. 12. Finally, I have much pleasure in testifying to the harmonious working of the arrangement, and the cordial relations that have existed between the officers of the two nations. The conciliatory attitude of the French Commodore, and the officers under him, and the forbearing manner in which they have conducted their duties, notwithstanding considerable provocation due to the misrepresentations of the press, have caused this season, I believe, to be one of the quietest of late years. I have, &c. (Signed) B. W. WALKER. 4 iBIiick I. Inclosure 2 in No. 29. Sketch of Castor's Harbour. Inclosure 3 in No. 29. Captain Mar^chal to Captain Sir B. Walker. vin ■ • !*■ ! U. M. le Commandant, " Le La Pe'rouse" Port Saunders, Ze 13 Juin, 1890. PENDANT la tournde que je viens de faire sur la c6te ouest de Terre-Neuve, j'ai pu constater que les homarderies Fran9aises qui y fonctionnent cette ann^e sont les mSmes que celles de I'annde derni^re, sauf cependant celle qui appartient h M. Tajan, qui est de creation nouvelle, et se trouve situ^e dans I'Anse & la Vi^rge (Clam Bank Cove), au nord de la montagne de la T6te Ronde de Port-k-Port. Cette petite homarderie n'occupe, d'ailleurs, que trois pdcheurs. ! Commodore's erations. This 10 further work ory proper had '. would observe eration in June Halifax in April 's factory was in, and was not the stage being complete it, as try be arrived at 1890 should be d be permitted of factories or e question, [jg to du so next ay legal process ould be for the ;r9, about which eaty obligations, in the respective which has been nts circulated in lad been volun- Fischel's Brook working of the icers of the two icers under him, notwithstanding ave caused this \ WALKER. 3 Jutn, 1890. •e-Neuve, j'ai pu sont les mSmes Pajan, qui est de Bank Cove), au arderie n'occupe, ifi'Ht. /,'»' i3ii} ro *♦ i1; 53 D'autre part, j'ai h vous signaler I'existence sur la c6te des Iioinarderies Anglaises nouvclles suivantes : — 1. Red Brook, c6te sud de la Baie Saint-Georges. 2. Ruisseau Fischeile, c6te sud de la Baie Saint-Georges. 3. ,, „ c6te nord de la Baie Saint-Georges (si'.uee a 2^ niilles environ dans Test do Ship Cove). i: Riviere au Charbon, au nord de Port-ii-Port. Jo vQiis proposerai, en eons<;quence, M. le Commandant, pour nous conformcr aux Icinies (lu modus vivendi, de vouloir bien accepter Tecliange suivant. La homarderie Fniiu;!iise de Tajan seiait autoris^'e a pfichcr, et d'autre ])art, la inoine autorisation scrait donntv h mu' iisinc Anglaise nouvelle, celle de Red Brook, par exemple, qui parait, avoir a peu pics la nii^me importance. Quant au\ autres usincs Anglaises nouvcliemcnt eiablies sur la cote, ct (pii ne sont pas contre-balance'es par des homarderies Fran9aises nouvelles, je lie vdis aucime raison pour nc pas leur appliquer les prescriptions du paragraplie 3 du modus rii-cndi, Lcs contrarietis que nous avons rcncontre'es dans noire tournee par suite du mauvais tenijis (|ui a re^;ne, et de la presence dans le golle d'une quantite inusitec de glaecs, ne me pciiiictk'iit pas de considerer mon exploration de la cote ouest comme absolument teniiince, et je s;iis ablii>;u, M. le Commandant, de me reserver de vous signaler dans la suite les intraclions nonvelles au modus vivendi que je pourrai constater, si toutefois il cu existe d'auti'c^i. Li jieche ^tant ^ peine commence'e aucun fait de concurrence ne m'a encore ete siL'naJL' ; il me semble, au contraire, voir poitidre de tons c6tes des indices de bonne harmonic entre les pecheurs de homard des deux pays. Aijreez, &c. (Signe') A. MARfiCHAL. (Translation.) M ■ Commandant, "La Pe'rouse," at Port Saunders, June 13, 1890. DURING the cruize I have just made on the western coast of Newfoundland I have been in a position to ascertain that the lobster factories at work there this year are the r-inic as those of last year, with the exception, however, of the one belonging to M. liijan, which is newly established and is situated in the Clam Bank Cove, to the north of tiic mountain of Tete Ronde at Port-a-Port. I may add that this little lobster factory only employs three fishermen. On the other hand, I have to draw your attention to the existence on the coast of tlic follow iiig new British lobster factories : — 1. Red Brook, south coast of the Bay of St. George. 2. Fischel's Brook, south coast of the Bay of St. George. 3. ,, „ north coast of the Bay of St. George (situated about 2^ miles to the cast of Ship Cove). 4. Coal River, to the north of Port-Jl-Port. I would therefore propose to you, M. le Commandant, in order to conform to the terms of the modus vivendi, that you should agree to the following compromise: The I'rcnch lobster factory of Tajan should be autiiorized to fish, and, on the other hand, the same authorization should be granted to some new English factory, that of Red Brook, for instance, which appears to be of about the same importance. As for the other Enuiish factories, newly established on the coast, and which are not counter-balanced by new French lobster factories, I see no reason why the provisions of paragraph 3 of the modus vivendi should not be applied to them. In consequence of the difficulties we met with during our cruize owing to the bad weatlier, and to the unusual quantity of ice in the bay, I cannot consider my exploration of the cast coast as absolutely concluded, and I am obliged, M. le Commandant, to reserve to myself the power of calling your attention hereafter to any fresh infractions of the modus vivendi which I may ascertain, should any exist. As the fishing has haruly yet begun, no instance of competition has yet been brought to my notice ; it seems to me, on the contrary, that on all sides signs of harmony between the lobster fishers of the two countries are becoming manifest. Receive, &c. (Signed) A. MARfiCHAL. I 1 nil: M Inclosure 4 in No. 29. Captain Sir B. Walker to Captain Mar^chal. Sir, "Emerald," at Port Saunders, June 13, 1890. IN answer to your letter of the 13th instant, in which you inform me of the existence of n new small French factory l)elongin to let the French lay their seines for bait, this little vessel will assuredly commence its work of protection of French rights by driving away the fish before our fishermen. It is for cod and its bait that our men fish in Ingarnachoi.v Ray, and it is the cod and its bait that this little vessel will drive away, leaving the field clear for the lobster and the Enjilish lobster fishermen. This palliative is thus only an additional inconvenience for our countrymen, who are by this means excluded from Ingarnachoix Bay under i)retext of protection in the exercise of their rights. Last year our cod-iishers were not annoyed !)y the traps of Mr. Shearer alone; an English steamer from Liibrador, which happened to arrive in search of wood at the moment when the eapelin was sighted, committed raids on the bait fishery grounds reserved to the French by the Treaties, to the great detriment of our captains, who have been deprived of it, and have bitterly complained. The fishermen in Mr. Shearer's employ at (iargamelle Cove hastened to assist this steamer,and nothing could more clearly show the necessity which cxistsfor a return to law and order than this o;)en violation of the Treaty guarantees by the first comer. Why should the "Neptune " take more notice than Shearer of the inconvenience caused to the French cod-fishers ? I should also add that what the officers of the French naval divisions foresaw has actually occurred ; the establishment of the Shearer factory in an uninhabited bay, where hitherto the French alone had fished, has created a centre round which a small population is forming ; to-day, one can count eight or ten dwellings near the Shearer factory, and the woods in the neighl)ourhooil are being burnt to commence the clearings. In face of a situatioi' which daily aggravates the detriment caused to our fishery for cod and its bait, 1 Icel myself (.bliged, M, le Conmiandant, to protest, not only against the j)resence of the Sh'.>arer establishment in Ingarnachoix Bay, but also against the creation of a Newfoundland centre at this spot, on a part of the coast reserved to our fishermen, who linvp never ceased to operate there without interruption. This two-fold establishment is absolutely conlL^ry to the guarantees formulated by the Treaties, the enforcement of which, 1 am certain, NvOU have no less at heart than mvself. I am, &c. (Signed) A. MAR1^:CHAL. Inelosurc 4 in No. .^1. Cnplnbt Sir li. Wnlker tn Captain Mnrr'chal. Sir, «' Emerald," June 13, 1890. I HAVE the honour to ohsorre, in reply to your letter of the 8th .lune, in which you complain that your fislicrnien arc much troubled in their fishing operations in Ingarnachoix May by the certainty they have of finding in their way always and everywhere the English aunders, June 8, 1890. livision, recognizing hini> it were hampered by the !d certain limits on the you declared that these 1 extended the limits of I greatly impeded in their sy will always and every- lanent inconvenience to general i^laii of their ; fish if, when they have to withdraw his traps ? I cod-fishermen in a bay [Harantee of the Treaties th a conciliatory object rpedo-boat in ])Iace of a ', as I had the honour to len to raise their traps so I assuredly commence its efore our fishermen. It md it is the cod and its Icar for the lobster and lur countrymen, who are !xt of protection in the )f Mr. Shearer alone ; an h of wood at the moment ery grounds reserved to who have been deprived lastcned to assist this stsfor a return to law and ■st comer. Why should ce caused to the French al divisions foresaw has uninhabited bay, where lich a small population learer factory, and the ings. used to our fishery for st, not only against the so against the creation ;rved to our fishermen, two-fold establishment s, the enforcement of iC. A. MART5CHAL. fW," June 13, 1890. jth .June, in which you Ltions in Ingarnachoix lerywhere the £nglish (UMi/l im}rt.»* PORT SAUNDERS AND KEPPEL AND HAWKE HARBOURS. TINTED PORTION SHOW FISHING GROUNDS OF PORT SAUNDERS FACTORY. TRAWLS INSIDE BLACK LINE EXCEPT TWO MARKED UP TO 11 JUNE. y^^^^^^y^y^gUA^^^ ' avvii err.lpd to mark I slum/ i/fciirid E HARBOU Hsmson k l.c,ua I ilh y Mirt-.ua I.ane W ' I I 1 ii, {I4M >/»/ f)M) rt I* 'i ... .^ -wa—-^*. L \ 1 \ KEPPEL H'inrj|)hrase of a t(dcii;ram which liis Lordsliip has addressed to the Governor of Newfoundland upon tiie suhjeet. I have, &('. (Si-,'ucd) .TOIIN IJllAMSTON. Inclosure in No. 32. li I ■i'i Lord Knutsford to Governor S'r T. O'ihien. (Telej»raphic.) Downing Street, Novemher 27, 1890. IN" pursuance of the Avish of the Delegates from Newfoundland avIio were lately in England, Her Majesty's Gov(>rnment liavo proposed to the French Government to accept a pecuniary indemnity and a statutory j)ermission to purchase bait as a consideration for renouncing their alleged rights u[)on tlie coast and territorial waters of Newfoundland, and abolishing the bounty upon all iish not consumed in I'reueh dominions. These projiosals have not been accepted. The Government of i-'raneo intimate that for the settlement of the question they are a\ illing to proceed cither by agreement on the lines of the Convention of 18S5, or by arbitration, iler Jlajosty's Government are willing to take whichever of these courses may he prel'erred by the Colonj\ But either course Avill probably occupy a considerabh; time. An agreement requires lengthened negotiation, and unless a very large discretion indeed is given to tho Arbitrator, t\w preparations for submission to arbitration must l)e lengthy. A renewal of tho modus vivcndi so as to give time for further action is therefore indispensable. But after what has taken place to renew it would be useless, unless statutoiy force is given to its provisions. I very earnestly press upon your Govern- ment to procure tlie necessary legislation ; the power of Her Majesty's (lovernment to bring this controversy to a satisfactory conclusion Avill be seriously diminislied by a refusal. No. 33. M, Waddington to the Marquis nf Salisbury. — (Received December 2.) M. le Marquis, Londres, le 29 Novembre, 1890. JE n'ai pas manque de soumettre u I'appr^eiation du Gouvernement de hi Repubhquo Je projet d'arrangement dont votre Seiiineurie m'a fait I'iionneur de m'entretenir le 17 de ce mois, en vue de raettre fin aux difficult^s que rencontre I'exercice des droits de nos pfjcheurs a Terre-Neuve. Dans le courant du niois dernier, M. I'Ambassadcur d'Angleterre a Paris avait d;'ij?i remis a son Kxeellcnce, M. Ribot, une note de votre Seigneurie contenant des ouvertures dans le m6rae sens. Cos ouvertures ne Jureit pas accueillies, ainsi qu'ii r(5sultc de la r(5ponse de M. le Ministre des Affaires fitrang^res, en date du 29 Octobre, niais Lord Lytton a pu se rcndre conipte unc fois de plus, h cette occasion, des sentiments de concilia- tion dont le Gouvernement de la Republique n'ajamais cess(5 d'etre aninid dans la discus- sion de cette iinportanle question. Les propositions ([ue vous m'avez denumde de eommuniquer u nion tour a M. Ribot difftirent (le celles que lui avait transmises Lord Lytton, lesquellcs prevoyaient, en ecliange de I'libandou de nos droits sur le " Freneii Shore," soit une indemnite pecuniaire, soit des faciiites il accorder a nos pecheurs pour I'achat de la boette, tandis que votre Seigneurie nous offre aujourd'hui I'indemnitiJ et les faciiites dont il s'agit, mais reclame en revanche, avec Tabandon de nos droits sur le " French Shore," I'abolition des primes qui encouragent eu France I'exportation des morues dans les pays que baigne la M^diterranee. Jc n'avals pas cru devoir atteiulrc les instructions dc M. Ribot pour vous fairo presseiitir I'accneil dont ces dernierea propositions ne ])ouvaicnt nianquer, h, raou sens, iniinislied l)v Jo ne rpviciulrni pas sur la (pirstion du rachat dc nos droits et sur Ics facilites jit ii iino cpcxjuu tri-A ancieiinc, nous iii> pouvoiis pna avoir la pretention dc la riJsoudre en un jour. Jc \v ropote, nous ntlendrons li>s proposi- tions qui nous scront faites ct en Ich attendant, nous rcsterons sur Ic terrain o(i nous tomnics, trt^s resolus ik dcl'endrc avcc t'erinetu ct prudence! les int^rcts do nos nutionaux. (Applttudissemcnts sur un grand nouibrc du bancs.) M. h Comte de Trhentur. — Monsieur le President, jc demandc h repondro un mot de ma place. A/. It President. — Vous avez la parole. M. le Comle de Tv^ventuc, — Nous prcnons actc des bonnes paroles que vient do nous dire M. le Minislrc des Affaires I*!trung6rcs ; niais jo lui ferai rcmarquer (|u'il y a bien longteinps qu'on nous donne dc bonnes paroles ct rien dc plus ! Notre Industrie nmrititne est prcscpie antiantic. Duns un port important, qui est voisin de rendroit que j'babitc, il y avail huit grands navircs t'ai»ant hi pAclie <\ 'I'erre^ Neuvc il y a quclques anniVs ; il n'y en a plus un seul aujourd'hui ; il ne reste plus que ^uelques navires arinant pour I'Islandc. Quant au modus vivendi dont nous a parle M. lo Ministrc des .MFaircs Ktrangcircs, il cic puralt absoliiinent deplorable, cur on viole nos droits depuis longtcnips, ct on dit : il f.^ut rester conunc cela, nous vcrrons plus tard. Voilit un modus vivendi que vous acce|)iez dans uno certaine nitsurc ; on attend ct rien n'arrivc! Je demandc que lea protnesscs (pic vient dc nous (aire M. le Ministrc des Affaires I^trnngures deviennent des uctes, ct cpie, dans un uvenir tr^s procliain, nos urniateurs sacbent h (|uoi s'cn tcnir, paicc que, cctto annee, conimc Ic disait tout h I'beurc M. I'Amiral Vcron, les morues qui nc venuient pas depuis longtenips h la cole, y arrivent en al)ondance. Si un arrangement favorable k nos nmrins avail ele fait, il y auiait certainement cu des armcments pour la procbainc peclic, et uvec la situation actucllc, ils ne se feront pa.s. M. le Ministre des Af aires J^tranyhes. — Je constate, .Messieurs, que nos armenients, loin de diminucr, sont en progres , ct (|ue, tti Ton preud les statisticpies des derni^rcs annees, on voit que le nombrc des marins employes ii ecttc p6che a etc en croissont. M. le Comte de Treveneuc. — El|c t'tait tombee nbsolument ! M. le Ministre. — Elle a pu tomber t\ une certaine epoque, muis elle se releve dans des proportions tout i\ fait rassurantes pour I'avenir. Je constate, en second lieu, que ni M. Ic Ministrc dc la Marine ni moi n'uvoiis regu auuune plainte sur lu maniirc dont la p6che s'est exerc6c dans lu derniere campagne, ct j'ai cu la satisfaction dc recueillir, de la boucbe niemc des S<5natcurs et des Deputes repr^sen- tant ces regions, Ic tcnioignage que les inter^ts et les droits de nos niurins n'etaient nulle- nient en souffrancc. M. le Comte de Treveneuc. — Jc suis (^galciiient, M. Ic Minstre, le reprdsentant d'un pays maritime, ct je vous assure que dans les C6tes-du-Nord ct dans la Manclic il n'en est pas ainsi ; nous n'urmons plus ; nos navires se louent pour Ic cabotage. M. le Pre'sident. — Personne ne demandc plus la parole ':'.,.. Nous arrivons, Messieurs, au cbapitre premier. J No. 36. Colonial Office to Foreign Office. — {Beceived January 1, 1891.) Sir, . - Downing Htreet, December 31, 1890. I AM directed by Lottl Kiiutsford to transmit to you, for tlio information of tlic Marquis of Salisbury, a copy of a letter and its inclosiires from tbe .Vdmiralty respecting an action tbrcatened against Sir H. Walker for dosing tbc lobster factory of Messrs. Payzant and Pi-jisor, at St. Paul's Bay, Newfoundland. I am, &c. (Signed) R. H. MEADE. . \ rt'pondro un mot i se releve dans des H. MEADE. 80 » _ •" fnclnMUit' 1 ill No. Mil. A.s|)oii(lu:(>d cloHiiiif of a lol)st(>r Imttory 1)t'loll^illg to Mcssi-s. I'nyxHiit mid I'mHor, sitiiatrd in St. Paul's H;iy, Ni'ufoimdlaiul. 1 am, &(', (SigMod) EVAN MACGUEdOll. Inclosiu'P 2 in No. HO. Coplain air II. Witlkn to Vicr-Admiriil IVntson. (Extract.) " EnifiaUl," at liermuda, November 19, IHOO. I HAVE tlio honour to indoso corrcspondt'iuri! that lias takoii placo lmvin{f reference to n lobster factory bcdongiii;; to Messrs. I'ayzant and Fraser, vituntcd in St J^auIVs Hay, Newfoundland. This fact )ry, wlien visited on tlie 2StIi May by the " Pelican," uas in the course of erection, ai\d the man'»ii;(,'r was •^iven the notice of tlio lOth May, warning him of the modus vireiidi. On i\u\ !Jrd .lune I visited ^^es8rH. J'ayzant and Fraser's factory at Uonne Hay and s!iw Mr. Payzant himsel.*', with whom I had some conversa- tion ns to th(! Ilshiiiif grounds claimiHl by A[e.ssr.s. Mokeler aiul llolaiian. but no mention was maih* of tlie St. Paul's Bay factory, nor was any request to Ix* allowed to work made. Mr. Payzant, in his interview with Commander Uiddel, informed him that some oHicer t(dd him in Aua;ust that ho niij^ht continue workina:, but he is mistaken iu the date, as neither the " Pelican " torpedo-boat nor this ship visited Donno Bay in August, and, as a matter of fact, no oflicer except Lieutenant Sim))son had any intercourse witii him or his manager on the subject, and Ik; only on the 17th June. In conclusion, I beg to add that I have received service of no writ, uor have I authorized any solicitor to accept service on my behalf. Inclosure 3 in No. 36. Commander Riddel to Captain Sir B. IValker. Sir, " Pelican," at llalifa.r, November 9, 1800. I HAVE the honour to forward herewith a communication, dated the 8th instant, addressed to me by Messrs. Drysdale, Newcombe, and Mclnues, solicitors, of this city, who have been instructed to represent Messrs. Payzant and Eraser in regard to a claim which they make by reason of the non-working of their lobster factory at St. Paul's May, Newfoundland. 2. The factory in question, a new one, wao one of those on which notices not to work until your sanction had boen obtained was served, tlie date of service being the 28th May. 3. Erom information obtained at Bonne Bay at the latter part of September, this factory was worked from the 1th to the 28th September, 1890. I have, &c. (Signed) D. M. RIDDEL. Inclosure 4 in No. 30. Messrs. Drysdale, Newcombe, and Mclnnes to Commander Middei. Dear Sir, 35, Bedford Row, Halifax, November 8, 1890. WE have been consulted by Messrs. Eraser and Payzant, and retained to represent their interest with regard to their claim for damages sustained by reason of the closing of their lobster factory at St, Paul's Bay, Newfoundland, in May last. We are 70 instructed tlirt you arc tlic ofTicor uuiUm* wlioso direction tlicir o|)erfitions were stayed, and Iiavc no doubt tliat you are familiur witli tlic M'holc situation. Hy reason of what Avas done, our clients iiave lost their season's business at the factory in question, the prolits upon which would, accordii;!,' to their estimation, and having rei^ard to tho catch of jn-evious years, have aniounti'd to 'i.OOO dollars. They claim this amount, and H is our o]>inion that you or Sir l^aldwin Walker, lunler whose command we believe you were acting, are the only pei-sons against •vhom our laws give redress. Unless, therefore, you aie in a position to hold out reasonable assurance of compensation through another source, we are instructed to institute* an action in the Supreme Cmirt here against yo»i (or Sir Baldwin if he prefer to assume tiic responsibility) to nrover tlie amount of damage sustisined. We are instructed to say to you, however, and wo wish it understood, that our clients make no complain.t against you or any of the Ih'itish officers of harsh treatment, but fully recognize that what has been done was in pursuance of duty having reganl 'o instruction received. We merely claim that there is no justification to be found in any British or Colonial Law or 'I'reaty for the coni-se which has been a(loi)ted, and, therefore, that all who have taken part in staying the lawful operations of our lobstcH' packers on the coast of Newfoundland are Mrong-doers. As you will, Ave understand, bo leaving this port within a few days, we nuist ask for an immediate reply, with a statement of your intention in this matt(>r, and it the claim is to go in suit, Ave Avould like the nanu' of yom* solicitor her<> Avho Avill accept service. We reni'i.in, &c. (Signed) DRYSPALK, NEAVro^rUE, a\i> :>roTNNER. Tnclosuro r> in No. 3(5. Afr. Grant to Mefsrs, Dijisdalc, Xpircomlie, and yfrlnnrs. Uentlemen, " Emerald," at Halifax, Noremher 10, 1800. I AM directed by Ca|)tain Sir BaldAAin Walker to acquaint you that lu^ lias been Informed by Commander iUddel of the substance of your letter of the Hth instant to that officer rclatlAO to a claim made by ^[essrs. Eraser and I'ayzant for compensatiou for damages sustained bv reason of the c'osing of their lobster factory. In reply thereto. Sir lialdwin Walker directs me to inform you that Commander Riddel AA'as acting under his instructions in this matter, and that he (Sir Maldwin) is prepai-ed to assiune all rosponsibility, and requests that any action taken may be against him. I am also to inform you that Sir Baldwin Walker is unable, at this moment, to advise you how he intends to act in this matt^n-, but Avill do so at the earliest possible date. I remain, &c. (Signed) GEO. GRANT, Asxlstant Paymaster. '} Inclosure in No. 30. Messrs. Drysdale, Newcombe, and Afclnnes to Captain Sir D. iValker. Dear Sir, 35, Bedford Pow, Halifax, November 10. 1890. WE beg to acknowledge your letter of this date in reply to ours of the 8th instant to Commander Riddol. We understiiiKi that you will be leaving here to-morroAV, and it is necessary, in order to give ouv Court jurisdiction in thin mutter, that the Avrit should be served in this province. We do not wish to give the Avrit to the SherifT if you are \\ illing to name a solicitor here. Will you be good enough, therefore, to advise us immediately as to Avhether you Avill authorize a solicitor here to accept service for you, and who the solicitor is; otherwise, Ave se(> no course! for tho prote(!tion of our cli(>nts but to have the writ served to-day in the usual manner. If you desire that this claim should stand as at present for a short time, say, two or threo months even, ayc shall agree, provided only you Avill undertake that in the event of no settlement a tiolicitor hero Avill accept service for you. AAvaiting vour reply, yours, &o. (Signed) DRYSDALE, NEWCOMBE, and McINNES. •erations wero siayed, Ky reason of what •tory in quostioc, tlio liavuif» n'i!;arittiy 5, 1801. I A^r directed hy Lord Knutsford to transmit to yon, for the information of tho !A[arquis of Salisbury, copies of tho Reports of the naval ollieers on the Newfoundland iisheries for last season. Copies of these Reports have been Ijrwarded to tho Governor of tho Colony in a dcspateh, of which I am to inclose a copy. eallin<; (he attention of his (Jovernment to certain points in them ; and Loid Knutsford has informed the Lords Commissioners of the Admiralty that ho concurs in their i)roposal to express approval of the procccdinsjs of the ollieers. I am to re(|uest that you Avill invite Lord Salisbury's attention to ])ara5;raph 2 of Sir H. Walker's letter as to the detrimental elTects of tho illicit trailic in spirits conducted by the masters of certain Fi-ench vessels frequentin!» the coast. It is for his Lordsliip's consideration whetlier this matter sliouhl not bo brought to the notice of the rreneh (Joveriunent, with n view to seeurinsf their co-operation in j)utlinji; down this trallie by restiletions on tho export of spirits from St. Pierre and Miquelon. I am, &e. (Signed) HOJIURI' G. W. llJiilBlillT. finirs. Noremher 10, ■]HS)0. on that he has been r th(> Hth instant to nt for compensation ory. on that CommandtH" t he (Sir Maldwin) is jtion taken may be at this moment, to so at tho earliest is! stunt Pai/iHaster. Inelosure 1 in No. 37. .[dinballtj to Colonial Office, Sir, Admiialtij, November 21, 1890. I AM eomnianded by my Lords Commissioners of the Admiralty to transmit herewith, for the perusal of tiie Secretary of State, a letter from the Vicc-Admiral in command of the North American Station, dated tho 5th instant, on the subject of the New foundland fisheries. A h'tter from the Captain of iler ^Majesty's ship " Emerald," dated the 20tli October, fiu'wardinj; his U(>port on th(; lishery season of ISOO, which formed the in(dt)sures to the Commander-in-chief's letter before (luoled, is also attached. jMy Lords desire me to add that they propose to approve of the proceedings of the ollieers commanding ll(>r iMajesty's ships engaged on the Newfoundland fisheries this season, and they will be glad to learn if tho Secretary of State concurs in this approval. I am, itc. (Signed) EVAN MACGKEQOK. J. Walker. Joreml>er 10. 1890. rs of the Hth instant id it is necessary, in iiouKl be served in if you are viilling vise us immediately )r you, and who tho 11 ts but to have the iiu sliouhl stand as igroo, provided only )r here will accept ANO McINNES. Inelosniv 2 in No. 37. Vice-Ar'mirul Watson to Admiralty. Sir, " Bellrrophou," at Ilalifnx, Nova Hcotia, November 5, 1890. I HAVE the honour to submit Reports on the NiMvfoundland Iisheries for the season of 1^90, from Captain Sir JJaldwin "W. AValker, Rart., of Jler Majesty's ship " Emerald,' and the otbcers CDminandiiig Her Majesty's ships •' rdicaii " and "Torward," who were serving under his imiers. 2. In my letter of the lOlli December, 18S9 (paragmph i), forwarding tho Reports for the year 1889, I advocated the establishment of ielegraidiic communication between Ihig Ray and I'ort Saunders, but this has not been done, and Sir Raldwin AValker reports having found the want of it most inconvenient; I therefon* again strongly recommend it being at once established. 3. Tlie coal dep6t at i'ort Saunders has been established, and has proved of the utmost benefit. i. Whilst controversy is going on it is absolutely necessary to have a steam-boat employed on the coast, with liead-ciuarters at I'ort "Saunders.'and 1 would strongly recommend that a picket-boat should be sent from England early next spring," so tliat slu! iiKiy hi; littcd under Captiiiii Walker's supervision' to take the place ol" second cliiss torpedo-boat No. 62, which was lost- '). As M'ill he observed by Sir Baldwin Walker's Ilejjort, paragraph 9, no steps whatever have been taken in respect to the niarkins* of" schooners, and I Avould most earnestly suiygest the desiral)ility of the Newfoundland Government being called upon to enforce tliis very necressary provision. 6. The season has passed olf quietly, and this is due to the great moderation evinced l)y the l"'rench Commodore and his oflicors, and to the tact shown by Sir Baldwin Walker, to whom great credit is due, an lishcry exist, when used in conjunction with c(Hl-traps and other nets, the mesiies of wiiicii are small enough to catch the immature lish, i\otliing but exhaustion can result, and that sueli is tiie case in some of tlie Imys of Newfoundland I do not think will be denied by any one. The east coast is tlie oiu' that has especially sulfered, and is tlie coast on which lurts, Sec , of illegal size hav(> been principally used. In the Fishery Report of 188;{ attention is called to the illegality of the nets due to the snudlness of tiie mesh, showing the evil to be of some standing. The jigger to which Commander (Jraham called attest ion last year, and of which the French Commodon" complains -this shouhl also be made "'.legal. Cod seines and cod nets are condemned as most injurious by all the fishermen whose opinion is reliable. 73 ' to tako (ho i)laco [itagrapli 9, no steps rs, jind I would most iiit boiii!,' called upon lie f»reat moderation • tact shown by Sir have worked 'most ler lliddel, oP ller 1 ship " EorAvard." 3. W. WATSON. , October 21), 1890. tier ^rajesty's sliips ffoundland Division en stationed nhuost ray have done their information on the rfli-east portion, of ural value of the incomplete, I hope and comparutively thr<)U!,'h()ut, whicii not ciear till July, jreat nunihors were coast has further lieso one was only date. Outhowes't es at Brii,' ]}ay and ition to the lobster irtecn for bait ; of d obtained all they 'ikewise came to separate lle])orts. ray's JU'p(,rt with •rtii-east coast ; it year when such not be injurious conjunction Mith tell the immature in some of the The east coast Is, itc . of ill('^ the evil to ar, and of which all the fishermen I believe it is contemplated by the Legislature to give local option in the matter of the methods of fishing. I feel sure it would be most beneficial and popular, for in many places they already have local regulations, though unable to enforce them should one of the community prove obstinate. But no legislation of this sort is of much real use that does not deal with the question of the wandering sclioonei-s ; these follow the fish, to the detriment of the residents, disregarding all laws. 8. The rivers are gradually being ruined by the systematic barring and netting, the cod-traps lending valuable aid in hastening the extinction of salmon. 9. The nameless vessels have again formed the subject of written and verbal complaints on the part of the Trench Senior Olficer. Several of these vessels have no papers, no colours, and are not properly marked, turning wreckers when opportunity ofFttrs, and committing acts which are an outrage to civilization, and which would be tolerated in no other country or Colony. Aflftdavits of the masters of several vessels improperly marked have; been obtained, showing that the Custom-house authorities took no measures for enforcing even the present inadequate laws. In some instances vessels had a Custom-house clearance, but no registry or colours. The fact of the " Ready," in 1889, having marked some of the offending vessels whi(5li she met at Kirpon is given as a proof tliat they were unable to comply, but I beg to submit that this inference is not a correct one, for Kirpon, being on the Treaty Shore, was neither their port of registry nor of clearance, and that some are marked, or partially so, shows it is not inability, but wilful culpability. 10. The alleged interference by the traps of the Port Saunders factory, and the working of the modus vivendi, have formed the subject of s))ccial letters. 11. A'quan-ol which commenced in 1889 between Captain Philippe, " Frud'- hommc" of Brig Bay, and Louie Caveau, about the price to bo paid for the nsc of Garoux's fishing stage and the amount of compensation for some smuggled brandy which was stolen by some of Philippe's men, at one time threatened to become a serious menace to the otherwise quiet season. I was, however, able to arrange it by arbitration, and the sum of 20 dollars was paid Gareau in satisfaction of all claims for 1889. I, at the same time, desire to call attention to statement of account on p. 25, which speaks for itself. I may add that this illicit traflic in spirits is especially detrimental, and adds much to the poverty and misery of the inhabitants. 1 2. The correspondence on the supposed outrages by the French at Port-u-Port shows how garbled were the accounts of the various incidents as published by the press. These descriptions wen; truthful as c()mj)ared to some of the reports, for which, in many cases, there was absolutely no fouudaticm, tlu; announcements often emanating fromtlu! agents of meml)ersof a r(\jectod political party. i;j. A further Report as to tlu; Prench fishery and claims for compensation for lobster factories which closed owing to the moduK vivendi will be forwarded as soon as all the necessary details are obtained. II. The torpedo-boat which was this season stationed o;i the north-west coast, witli her head-quarters at Port Saunders, I found of the greatest assistance, the fact of her having steamed since leaving llalifax till slu; broke down oil" Port-i\-Port, when the low-pressure cylinder cover cracked, upwards of 2,500 miles, shows her utility. I hav(! nnich pleasure in bringing to your notii'c the satisfactory manner in wiiich Lieutenant Weigall performed, for a secoiul time, the sj)ecial duties intrusted to him. I have, &c. (Signed) B. W. WALKER. Indosure 4 in No. 37. General Remarks. THE season on the Banks has been a very poor one, worse than last year. Six Newfoundland bankers wore missing when I left St. John's ; five since the gale of tho 25tli September. The sliore fishery has been only fair, but better than the previous season ; on portions of the 'I'reaty Shore it has been very fair, especially in the neighbourhood of St. George's Bay and Port-i-Port. The Preueh at Red Island have not done well. [841 L I . I 74 At Port-au-Choix, at the commencement of the season, cod was very plentiful, but during the latter part bait was scarce, and comparatively little was done after the middle of August. The early herring were abundant in St. George's Bay, though late in striking in, but the price is low. The salmon fishery on the cast coast is the best for the last ten years, not- withstanding large quantities of ice late in June, which interfered considerably Avith the nets. Capolin were plentiful on the oast coast, but not so on the west. Squid were scarce throughout the Treaty Shore. The season on the Labrador, tliough very late in commencing, has been one of the best for twenty years, the take of cod exceeding last year's catch by about 50 per cent. ; the flsh were also much uncr and thicker than usual, but the herring were scarce. A small portion of this coast, of which Eed 13ay is the centre, was the exception to the general rule; on tliis portion the cod fishing was a failure, and herring very scarce. The people will, in consequence, require assistance during the coming winter. (Signed) B. W. "WALKER, Captain, Her Majestrjs ship " Emerald." Inclosure 5 in No. 37. 1 good Commander Riddel to Captain Sir B. fValkrr. Sir, " Pelican," at Si/dnei), October 15, 1890. I HAVE the honour to make the following Jlcport on the fisheries of the west coast of Newfoundland for the season of 1890. On the whole the fishery this year was a better one than 1889, though not The season was late in commencing, and herring did not strike the coast till much later than usua!. 3. There was a better take of cod in Bay St. George, and the French rooms at I'ort-au-Choix and St. John's Island have done fairly well. 1. The herring fishery in St. George's Bay did not commence until the 22nd May, and the catch made by the residents amounted to about 20,000 barrels, or a slight excess over last season's; 2,000 barrels were disposed of to (.'anadian and American vessels, th.rty-one of whom visited St. George's Harbour ; 500 barrels were sold to Ereneli vessels. Only thirteen Erench baiters arrived this year, against s(iventy-one in 1889, and they had completed their baiting by the 2()th May. 5. The summer and autunm herring fishery has not been good, and a scarcity of bait has prevailed. Capelin struck the coast late and not so generally as usual. 0. The number of Ereneh vessels (including two schooners ac Bed Island) was ] 2, manned by 030 men, 115 of whom were at lied Island. 7. The Ercneli at Red Island made no complaints against British vessels or subjects, biit those at Port-au-Choix and St. John's Island complained of the arrival of British schooners, both in Gargaraellc Covt^ Old Port-au-Choix, and in St. .lohn's Harbour, their crew fishing and otherwise interfering with tliem, and they also corajjlain that the crews of these schooners used to throw overboard in the harbour the oifal of their fish. In each ease the masters of the schooners were warned not to impinle, or do anything' which would interfere with, French fishing, and these warnings seem to have had a salutary effect. 8. Tiie weather was fine from the latter part of June and free from fog, but in September, especially towards the end of that month, strong gales prevailed, which must greatly have hampered all fishing operations. 9. A complaint made by the inhabitants of St. George's Bay against Capitaine de Fregatc Marquis, of the "Indre," for ordering up their herring-nets on tlie 22nd May, has already been the subject of correspondence. 10. So far as I could ascertain, the French brought out supplies of bait from Dunkerque, and afterwards they were largely supplied from St. Pierre and Magdalen Islands. It is very evident that the bankers proceeded direct to the Banks lato in striking in, west. Squid were 75 from France, and this is proved by the fact that seventy-one vessels baited at St. George's last year, and only thirteen this season. 11. With re'ference to the opinion of fishermen as to the use of cod-traps, nets, seines, and bultows, I beg to report it is impossible to form an accurate idea, those possessing the particular means of fishing advocating them, wiulst otliers, who are not able to procure them, protest against their use. As regards cod-traps, many fishermen say there is not much harm in them if a 4-inch mesh is used. The majoi'ity are of opinion tliat cod-nets set on fishing-grounds aro the worst conti'vances possible. Cod-seines, now practically done away with, are universally condemned as useless, and only liable to frighten aM'ay the fish. Bultows : as in traps, those possessing them advocate their use, and vice versd. Tliat Ihcy do keej) the fish oif the shore, and catch fish heavy with spawn, is evident and in this way must do harm. 12. The usual size of meshes of salmon-nets is inches; cod-nets, inches; cod-traps, 4 inches. I have, &c. (Signed) D. M. RIDDEL. rroneh rooms at one in 1S8J), and Inclosurc G in No. 37. List of French Vessels Pishing on the West Coast of Newfoundland in 18".)0. Niuiio of Vessel. Name of Master. Number of Crew. Catch of Cod. llemniks. (Quintals. Lp " I.nboriciix " I'liilippo 82 1I)U Ln " Margiierite " Land^rcn •i.) " • Took nwny tlic cit'^lici " L'Hji)|)oliti' " imd •' Vedette.'' la Lc "Pu|;ct" ., Danu-ml 98 1 ,ftoo •• L'IIy|);iiilito" . . 62 1,000 " L'Alcvoii " lindoiiard 32 1,000 I.ii " Vedeltc " . . • • ;t2 1,000 1,0 '-Due" Bt'lin . . " Jfum- A(lol])lio " Hodiii :t2 K.-ioo '•I/Rmilu-- La Laude M 1,400 Kid Island schooners (two I'ourrier llii 2,500 The schooners ciirrv the nn 1 to in number) • • (about) St. I'ii'no, wlier,' thev sold. are Total . . 636 ll,H(iO (Signed) " Felican," Bai/ .S7. George, October '.),'l890. D. M. IIIDDEL, Commander. Inclosurc 7 in No. .'}7. Lieutenant-Cominaiider Gray to Captain Sir li. Walker. Sir, «< Forward," at St. ./o/j»'.s, October 8, 1S90. IN forwarding my Fishtiy Report, T have the honour to make; the following remarks : — 2. 'I'liougii the season eommenv .M very late, and in the latter part of it bait (squid) was very scarce, on tlie whole the cod fishery has been a fairly good one, and considerably better tlian last year. 3. During the run eaplin were excoplionally plentiful. A. In spite of nii)r<> tiian usual trouble with ice, (he salmon fishery was \ery good, especially IVoni St. Anthony to Canada Ray, and at l-'leur-de-Lys and La Scie. I reported my scizuri' of tiircc* small-mesh nets across tL > river at Sops Arm, but regret I was not fortuiinte (Enough to catch any in Westbrook an;; Salmon River, Ari^gt> IJay. I was inlonucd lliat tiiese latter have been most succssfuUy netted, the fish taken lately with spawn running out of them. [81.] L 3 i T6 B. Herring, early in the season, were plentiful, but in the autumn, when this fishery is prosecuted, they were everywhere reported as very scarce, except at La Scie, where they had just set in with verv good prospects, the fish being large and plentiful. This was the last port visited on the IVeaty coast, which I left on the 5th October, at 6 a.m. At Kirpon it was stated by some fishermen that it was no use catching many, as the necessity for a licence had greatly checked the number of Nova Scotian schooners visiting the port, and their market was therefore gone. 6. The result of inquiries from some 240 fishermen along the whole coast proved a majority (including several owners) in the proportion of two to one against cod-traps, three to one against cod-nets, and nearly six to one against ground bultows, but generally in favour of floating ones if properly attended. The reasons are given in another Report. Tlie jigger was also greatly condemned. In many places the inhabitants have a local agreement against the use of one or other or all of these, but this cannot bo enforced against coasting vessels, they being the subject of general complaint. 7. If cod-traps are allowed, it was considered a 5-inch mesh would be l)est. Generally one from 2|-inch to 4-inch is used. The mesh of nearly all nets is smaller than allowed by law, and caplin nets are constantly used for herring, herring nets for cod, and so on. In fact, if the law as to mcsli were enforced, there would be very few nets used at all. 8. Only four French rooms were occupied this year, and one was vacated after only a month's fishing, the men leaving for the Banks about the 25th July. The rooms at Croc, in addition to those at F'schot, St. .Tulien's, and Ilouge, arc expected to be occupied next year. The total catches for the last three have been GOO, 1,000, and 700 quintals respectively. All three captains in charge said that salt bait is not nearly so good as fresh. On the coast, if they have not fresh they do not fish. Of the salt, squid is best, but ?^erring is mostly used. Sardines from France also are fair, but most bankers get their supply of salt bait from St. Pierre. 9. The lobster factories, state of French rooms, and information as to number of houses, inhabitants, boats, &c., called for in your Memorandum of the 20th July, arc in separate Reports. 10. The affidavits of a number of masters of improperly marked schooners were taken, and in all cases the vessels had received their Customs clearance and left port as I found them. 11. Tlie boarding of the schooner " Aggie " by the French was the subject of special correspondence. The •' Indre " was the only French man-of-war met with on my station, and my relations with her Commander Avero of a most cordial and friendly nature. T liivp J^o (Signed) ' ' SCOTT W. A. H. GRAY. Inclosure 8 in No. 37. Protest. To his Excellency Lieutenant-Colonel Sir J. Terence O'Brien, K.C.M.G., Humbly sheweth : THAT we, the undersigned inhabitants of Greater Covo, Trinity Bay, unanimously protest against the use of bultoAvs or trawls. Our fishc^ry, which looked vi'i-y promising this voyage, the past month, since tlie use of that jvpplianco, has been a total failure. The bultow has been proven by the Undersigned to be the most detrimental to our fisheries of any in use at the present day, and if not remedied, it must certainly end in destitution and poverty of this our settlement. It is useless to put down the boat or hand-line on our shores at present, as the trawls have t\w codfish drawn down to a depth of 200 fathoms of water, and so much bait continually kept there, the cod are continually falling from our fishing ground. The mother fish is, and have been from year to year, caught at their spnwning, causing a scarcity more and more according as the seasons roll round, and will now end in completely clearing our shore of the codfisli. May it please your Excellency in Council to grant your petitioners a limit of 3 miles' coast-line Avest, and 3 miles east of our settlement, and miles Avide, to be cleared of this dama^ging applianc, and pronounce a fine of 200 dollars. A. H. GRAY. 77 And it i8 the prayer of your petitioners that your Excellency in Council will give it duo consideration and grant them a speedy reply. And in duty bound your petitioners will ever pray. (Signed by 150 inhabitants.) August 8, 1890. Inclosure 9 in No. 37. Commander Riddel to Captain Sir li. Walker. Sir, " Pelican," at Birchy Cove, July 14, 1890. I HAVE the honour to report that having heard rumours of an outrage on the part of French fishermen at Fox Island River, I communicated with that place on the lUth instant, and ascertained that on or about the 9th June last several French schooners anchored off the river, and that the master of one of them, the " Beaulieu," of St. Malo, landed in the forenoon, and broke into the factor)' belonging to Messrs. Abbott and Hill, smashing tlio windows, lighting a flre on one of the tables, stealing the locks off the doors of the factory and store-house, as well as some fish, ducks, and ducks' eggs. There appears to have been only one person at the factory at the time, the caretaker, named Dennis Benoit, whoso written statement I beg to attach hereto. 2. Renoit also reports that there were rumours to the effect that trawls, the property of Leech, at Bear Cove, had been cut off that place, but by whom it was impossible to say, the persons who committed the act not having been seen whilst so engaged. (Signed) I have, &c. D. M. RIDDEL. Inclosure 10 in No. 37. Statement of Denis Benoit, Caretaker of Abbott and Hill's Lobster Factory, Fox Island River. ABOUT the 9th June several French schooners came and anchored off the river. Captain Bily, of the brig " Beaulieu," from St. Malo, landed about 9 o'clock, and in the morning entered the factory by forcing open the door, took out a board belonging to myself, and his crew broke the windows. Before leaving the factory they lit a lire on one of the tables, but extinguished it on being told not to burn down th.c factory. Before returning on board they took the locks off the factory and my store-house, also some fish, and the ducks that were sitting on some eggs wen^ fumed off the nest and the eggs and ducks stolen. I have been informed that some trawls belonging to Leech, at Bear Cove, were cut, but it could not be ascertained whether the culprits were French or Engliah, but the general opinion is that they were French. (Signed) DENIS BENOIT, his x mark, Caretaker of Abbott and Hill's Lobster Factory. Witnesses to mark : (Signed) Frederic G. Bum, Sub-Lieutenant. A. Ellts, Petty Officer. July 13, 1890. Inclosure 11 in No. 37. Captain Sir B. Walker to Captain Mare'chal. Sir. " Emerald," at St. John's, July 17, 1S90. I ilAVE the honour to bring to your notice the following complaints. The first has refereuce to the destruction of i)roperty and rob1)ory commit t»>(l at Fox Island River by the master of the brig « Beaulieu," of St. ]\[alo ; 'the evidence of the caretaker Denis Benoit is inclosed. The other complaint is against some of the crew of the "Marie Emilia" of St. l'i(>ire, the evidence of Philip Steele and Francis ^MoKcaru being as follows:— 78 On llio inorninif of the 22n(l June they obsoi-ved a dory hauling their traps; a l)oat was iuiinediately launched by them in orth'r to ascertain who tlio otfcnders were. On tlieir :i|)|)r()aeh l)ein<; observed, the euipri Is ceased their dc^predations and pulled for the " Marie Kinilia," and having secured tlu; dory alongside went on board, previously throniiii,' a covering over tlu; lobst ordered them away from his ship. I would ask you to deal with the olTenders in such a manner as to deter others fmm conunitting such acts, also to be good enough to cause the property stolen from the factory to be restored, or compensation for its loss awarded. I have, &c. (Signed) B. W. WALKEIJ. Inclosurc 12 in No. 37. ti W Captain Mare'clial to Captain Sir B. Walker. Croiseur " Le La IVrouse," Port Sounder, M. le Commandant, le \> AoiU, 1890. J'Al riumneur dc vous accuser reception de votrc lettro du 17 .luillet, relative ii s contrc des pecheurs Frangais, qui vous ont et»! adressees. 1*1 premiere, est du nomm6 l)>iiis Henolt, gardien d'unc lactorerie abandcmnee appartenant a MM. Abbott and Hill, et situce h la RiviiVc i\ Henott ("Fox Island River"), Port-n-Port. Co gardien accuse le Capitaine Wily et I'eiiuipage du brick le " 13eaulieu " dc St.-^lalo, d'avoir, le 9 Juin : — ••"orce la porte de la factorerie. Pris ime table lui appartenant. ["^ssaye d'incendicr la factorerie, en faisant du feu sur une table. Tallin, vole les serrurcs des portes, ainsi que du poisson, des canards, et des oeufs. Le " Im Perouse " a mouille devaiu la Kiviere a Uenoit le 18 Juin, a c6te de douze iiavires pccheiu's Pran9ais venus sur C( point pour y ehereher du capelan, et parmi lesquels se trouvait le " Beaulieu." Un oflicier a visite tons les navives, et je suis descendu a terre, oil une partie des equipages Pran^ais se trouvait rassembl»5e autour des feux allumes sur la plage pour se rcehaulfcr, en attendant I'arrivee du capelan. J'ai visite I'usine abandcmnee, qui ne m'a paru nuUement devastec ; tout y ctait » i.cure en place, souf les chaudi^res. Enfin, j'ai eu une conversation asscz longue avec Denis Benolt lui-memc, qui ne ni'a fait aueune reclamation, quoicjue je fusse la en memo temps que I'equipagc iricrimin6, et qu'une enciuete eut ett'^ facile u faire. Cependant, dans le courant do la conversation, Denis JJcnoit tit en ell'et une; vague allusion i\ la tentative (fiiicenilie dc la factorerie, mais eUc ctait si vague (pic je n'y pris pas garde et si la ti'ntativc a rccllement eu lieu, il faiit avoucr qui; nos jjceheurs ii'avaient pa» une voloiitc l)icii arretee d'incendi«>r I'usine (jn'on pourrait briiler avec une simple allumctte. J I m'cst done p(>rmis dc croire. Monsieur h; Commandant, que dans ces conditions, le ivcit des mei'aits du " Hcaulieu " est une ))uro invention entrant dans le plan dc canipague dc calomnies entrcprises cettc aiuice par certains habitants de Terre-Neuve contie les Prancais qui pccluMit a Terre-Neuve. Le dernier paragraphe dc la plainic de Denis Henoit ne laisse d'aillcurs aucun doute a (;et cgard : — " Des harouellcs Anslaiscs ont etc coupces a rAns(> u I'Ours ; quel est le coupable ? I'^st-il Antflais, cst-il Prancais ? Porsonnc ne le sait, mais fopinion ge'ni'rale est tjuil est Fnniciiis." IJi ce qui concerne hi jjlainte contre la "Marin Amolie" dc St-.l'ierro, clle prcscnte telle (ju'elle est forniulcc, le earactcre d'un fait positif avere. II resfe a entendre le temoignai,'c du capitaine du navire Pmn(;ais ; et je m'emjjresserai, on arri\aiit ii St.-I'i >rrc, (le le fairc interrogcr. Vous pouvez etre certain. Monsieur le Commandant, que si K'cllement la conduitc du capitaine de la " Maria Ami';li(! " a eti* aussi indigne (pi'clle le parait d'apn's les d^'positions de Philippe Steele vt (1(? Francis IVlacIIern, il lui sera iniligi; le blAmc S(5v("'r(; (pi'il niijritc. Agr(3ez, &c. (Signij) A. MARr;CIIAL. T9 i. W. WALKEI5. : Ic " licaulieu " de '•astee ; tout y etait (Translation.) On board the cruizer " Ln Pe'tnuae" Port Saunders, M. Ic Commandant, Auijusl 4, 1890. I HAVE the lionour to acknowlodijn tho receipt of your letter of tlic I7tli July relative to two complaints against French flshermcn which have been addressed to you. Tlx' fii-st comes from ont? Denis H(moU, caretaker of a deserted factorv helongin;; to Messrs. Abbott and Hill, and situated on the Fox Island lliver, at I'ort-u-l'ort. This caretaker accuses Captain Bily and the crow of the brig " Beauliou," from St. Malo, of having on tho {)th June — Forced op in search of cap(>lin, and amongst which was tlu; " li(>auli(m." An odicer visited all the sliips, and I landed M'bere a part of the Frencli crews wer«> ass<'mble(l around Arcs lighted on the shore to warm themselves whilst awaiting the arrival of the capclin. J visited tho deserted factory, which appeared to me to have been in no way ransacked; everything was still in its place, with the exception of the boilers. Lastly, I had a rather long convei-satioii with Denis IJenoit himself, who niad(r no complaint whatever to me, although I was there at the same time as the accuscMl crew, and although it would iiave been easy to make an inquiry. In the; course of conversation, however, Denis IJeuoit did, indeed, make a vague allusion to the attempt at setting lire to the factory, l)uf if was so vague that T took no notice ; and if the attempt really took placrc, it must lie admitted that our lishermen could not liave had any serious intention of setting lire to the factory, which could be burnt down by means of a simple match. Under these circumstances, thc.el'ore, M. le Commandant, I may be allowed to think that the report of the misdeeds ot tln> " IVviulieu " is a pure invention belonging to the series of calumnious attacks wliicl'. have beiMi made this year by some inhabitants of J^Vwfoundland against the l''i'eiicli who lish in Xewfoundland. iloreover, tlu; last paragraph of Denis 13enoit's cDinplaint leaves no doubt on the subject : — "Some English traM'ls were cut at Hear (Jove; who is the culprit r Is he English, is he French Y Nobody knows ; hut the tjcnrral opinion is that he is I'Vi'nrh." As regards the complaint against the *' Maria Amelie " from St.- Pierre, it bears, in the shape in which it is j)ut forward, the character of a positively asserted fact. It only remains to take the cvidenci" of tlu; cajitain of the French vessel, and on my arrival at St.-Pi(nTe I shall lose no time in causini,' bim to be interrogated. You may be sure, M. le Commandant, that, if the eoiuhiet of tlu' captain of the "Maria Amelie" has been really so disgraceful as apjx'ars to be the case from the depositions of I'hilip Steele and Fivmcis Macllern, he will !)(> reprimanded as severely as he deserves. lleceivc, &c. (Signed) A. MABKCIIAL. e St..l»ierro, clle MAKfiCHAL. Inclosure l.'J in No. 37. Commander Riddel tn Captain Sir B. Walker. Sir, " Pelican," at St. Johns, Amjust lo, 1890. WITH reference to my letter dated th(> I4th July, 1890, relative to a report made to the effect that tho factory of ^Messrs. Abbott and Hill at Fox Island River had been broken into by the crew of a French fishing-vessel, the " Beaulieu," and that considerable damage had been done thereby, also that certain British property had been stolen by the same persons, I have tho honour to rejjort, for your information, that I visited Fox Island lliver on the r)th instant, and inspected the factory in question. 80 I found thai two out of tho tlireo windows had been broken, and that the third had been removed. A small door had been broken down and the lock taken off. There was no table in the factory, nor were there any signs of a flro having boon lighted in the place. I interviewed Denis Bonoit, a resident of the place, who on tho 13th July had made ond signed a statement to the effect that the crew of the French fishing-vessel "JJeftulieu" had broken into the factory by forcing oi)en the door, breaking the windows, stealing a board and locks, some ducks and ducks' eggs, and had lighted a fire on tiic factory table ; and on ({uestioniog him I found that on that date he was fishing at Shag Island and did not witness any of the acts which he asserted tho rrench had done, but that he made the statement from heorsay evidence only. Under these circumstances I beg to submit that the statement is valueless, and that no credence can bo attached to the report as alleged against the French. I have, &c. (Signed) D. M. RLODEL. Inclosurc 14 in No. 37. I Captain Mare'chal to Captain Sir B. Walker. Croiteur " Le La Pe'rouse," Port Saunder, ]H. le Commandant, le 3 Aoill, 1800. UN dcscrtour Fran^ais, le nommt; Garcau, s'est etabli li Brig Haic, oii il a construit des deux (•6t«';s du Imvro plusieurs habitations avec lours dcpendaiiccs, magasins et chautfauds. L'une d'elles a etc lout'ic a Mr. Shearer i)our y (5tablir son usinc li homard ; une autre est batie sur les emplacements des ctablissemcnts Francais de la Pointe de Brig Baie, coneedes depuis deux ans au Capitaine Philippe pour y excrcer la peche. l-ln 18S9, d^s le d»>but de sou installation, notre Capitaine, pour bien dcmontrer son desir sinci'Tc de se livrer paisiblement a ses opemtions do peche et de faire lemoins de tort ])ossible a un resident de la c6te, prefc'u'a s'arranger avec Gareau plutAt quo de reelanier rcxereice strict dct son droit garanti par les Traites. Quoique gene a la plage par les cliauifauds de Gareau, il s'installa lemieux qu'il put et loua meme des magasins (le cet homnic. Celui-ci se montrait alors on ne pout plus aiinable et emjirosse a aider le Capitaine Philippe. Depuis, le ddplomble caracti^rc de Gareau ne tarda pas a se faire jour, et il ne fut plus possible si nos liommos de eonserver de bonnes relations avec lui. Cctte aunec la situation s'est agf;rav(''e a ce point qu'elle est devenuc aujourd'hui intolerable ; Gareau ne se eoutente plus d'injurier le Capitaine Philippe, d'exeiter ses Ijommcs a la revolte, il est tout pr^st a se livrer a des actes de violence. II mouillc une trappea niorue au milieu destbnds de peche du Ca;..l line Philippe, ref us(! do la lever, et embarque ostensiblenumt dans sa pirogue deux fusils et un pistolet qu'il charge sur la plage devant tout le monde, criaut i\ haute voix : " Qu'on viennc toucher a ma tra])pe iviaiutenant ! " II menace de tucr le gardien Anglais Shepperd des etablissements du Capitaine Pliilippe, et si j'insiste sur ees menaces. Monsieur le Commandant, (j'cst que cet homtnc violent est capable de les mcttre a execution, uinsi ([ue le disent les n'jsidents Anglais do la cote, qui le redoutent eux-memes. II aurait dejJi en efTet, entre autres mefaits a son acquit, h. nioitic assassin^ d'un coup de fusil un resident Anglais habitant aujourd'hui Les Fleurs. Enfiu, si je dois en eroire I'opinion publiquc a Brig Baie, Gareau, dejii renie par son pi oprc pays comme deserteur, scrait a pen prt^s considerd comme un malfaiteur par les habitants de sa nouvelle patrie. En resume, Monsieur le Commandant, le Capitaine Philippe est doublemcnt trouble dans rcxereice de son droit de pfichc; par Gareau : — 1. Parcc (pu! ce dernier s'est 6tabli sur le postc de pfichc attribud au Capitaine Philippe par le Gouvememcnt Frangais, et s'est approprie les constructions Frangaises (jui y existaient. 2. Pai'cc (ju'll peche sur les fonds oil op6rent nos pt'cheurs, les emi)6ehe d'exereer tranquillement leur Industrie et cela memo avec des cngius prohibds, la trappe a morue. 3. Parce que par ses outrages, ses violences continuelles, Gareau a cree a }D, and that tho third of a firo having; boon ircau, dejii renie par )pe est doublcmcnt 1 lint 1> Gareau a crec a 81 Urii; Uiiip iiuf iiistTurit*' qui <'ist (loveiuu- alKsoliiiiiriil iiilolrniltlf, ct dnnt Ics uuti'os rt'Midciits Ani,'liii«. ciix-nu'-nu's sont victimcs tout comiuo Ics prclM-urH Fninriiis. .I(< voiiH(lfiii!iu(lt'rai, en cousniiicncc. .Moiisinir Ic Coiinimiiduiit, dc vouloir bicn m'xorin? les incsiirt's iim'xsiiiics pour que (iiirciiu no trouldi- plus hi ptVlir do nos lationnux a Hrii,' Maic, tant par ses o|)(''rati(»UH do pooho cjuo par mom usurpation dos ,)ia!^os (|ui nous sont roscrvt'os coulfn'Mioniont aux 'I'raitos. Quant aux projots lioniioidos do oot ouorf,'uin^iu.', dont lo raraotoro violoiil toiiolio j)rosqur ii la folio, jo penso qn'il doviont prudont d'on tonir uu oortain oonipto, ot (pi'il y auruit lion do prondro, vis-a-vis do (Jaroau, dos uiosuros i)rt!VontiV(!s, tols quo lo Ilosarinoniont, pur oxt inpio, (pii h- rondniiont inolVonsiC. Agrooz, 4&C. (Sigiu:') A. MAUKCllAL. ('rranslalion.) Crnizrr " Lr Lu Nrouxe'' nt Port kSuimders, M. Ic Commandant, August 3, IHUO. A 1>'R^;^'CJ^ doscrttn-, namod (iaroau, i.ns (stablishod liimsolf at lU'ij; May, whore ho has construotcd on both sides oi" tlio harbour sovoral dwollinijs, with th(>ir anncxos, shops, and sfalVoIdiiii,'s. Ono ol" thoui has hcon lot to Mr. Shoaror tor tiio ostablisbmcnt oi' his lobster factory ; aiU)tlior is built on tlio sitos ol' tho Frt noli ostabiishnioiits at Mt'vj; Bay Point, <,'rautod two years as^o to Captain I'hilippo for tho oxcroisc of his tishini;. In 1889, at tho commoncomont of his occupation, tho Captain, in order to show ohiarly his sinooro dcsiro to carry on his fishing operations poaeofully, and to do tho least possible amount of harm to any resident on tlw^ coast, preferred to settle matters witli (iareau rather than to demand tho strict exorcise of his ri<^ht as j^uarantood by tho Treaties. Althourrh inoonvonioncod by Garcau's scatlbldint? on tho shore, ho established himself as best he could, and even hired some shops from this man. The latter at that tinxo showed himself as amiable as ]H)ssil)le, and anxious to assist Captain I'hilippo. Since then tho disreputable character of Ciaroau was not long in showing itself, and it became no hwiger possible for (mr men to keep on good terms with him. This year the situation has become so aggravated, that it is at present intolorable. (iai'oau is no longer oonteut with abusing Captain I'liilippe, and exciting his men to revolt; he is (|uite prepared to have recourse to acts of violence. Jlo moors a coil-trai) in tho midst of Captain's I'hilippo's lishing grounds, refuses to raise it, and ostentatiously puts two guns and a pistol on board his boat, which he loads on the beach before every one, exclaiming loudly, " Now let them come and touch iiiy traps ! " Jlo threatens to kill Shopperd, the English overseer of Captain Philippe's estab- lishments, and if \ lay stress on those threats, M. le Commandant, it is Ixrause this violent man is capable of putting them into oxeeution, as the English residing on the coast say, who are themselves in fen if him. He is said in(U'od, amcnigst other misdeeds to his aocount, to have alre;iily half-murdered, by a gun-shot, an Knglish residcMit now living at Jics Flours. rinally, if I may believe public opinion at Hrig JJay, Gareau, already disowned by his ow n country as a deserter, has come to be considered as a criminal by tho inha))itimt9 of liis new country. To sum up, Af. le Conuuandant. Captiiiu Pliilip])o is (hnibly impeded by Gareau in tlie exercise of liis right of lisliing : — . 1. ]Jeeause the latter has established hi nisei f on the lishing slati(m allotted to Captain Philippe by tho rrench Government, and has approi)rialed the French erections whieh existed there. 2. Mocause ho fishes on the grounds whore our lishermeii operate, prevents them from (luietly pursuing their industry, ami that too by means of forbidden imph-meuts, the cod-tra)). 3. Because by his (mirages and coiilinual violence, Gareau has created at Brig Bay a state of insecurity w hicli has beconu! absolutely intidcrablo, and of which the other English residents themselves are just as much victims as tho French Ushermen. 1 shall therelbre retjuest you, M. le Commandant, to be so good as to take tho necessary measures lor ]iroventing Gareau from im])eding tho tlshery of our country- men at Brig Bay, botli by his lishing operations and by his illegal occupation of tho shores whicli an; reserved to us by virtue of the Treaties. As to the homicidal intentions of this demoniac, whose violent disposition amounts [8 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 25 2.2 us m u WUU 14.0 2.0 U 11.6 »' .^ -% ^ ^^#> 7 Hiotograjiiic Sciences CQrporalion 23 WIST MAIN STRUT WCBSTM.N.Y. MS80 (716) •72-4503 ^. .l' tlicni, and tliat ])rev(>ntiv(! jncasuvos, such as disarniiuij,' him, niii^ht ho adopted towards Gareau, wliioh Avouhl londoi- him int-apahlo ol' t'ltither harm. l}c'li(!vc mo, itc. (Signed) A. -MAUHCIIAL. Inelosui'c IT) in No. ;}7. VapUiin !Sir />'. Wallcer to Caplnni Marerlitil. Sir, '• Emomhi;' at Port ifuuiulns, Aiujuxt \, 18i)(». I HAVE the lionour to iiit'orm you that, as soon as th(! Aveathci- clears, I will proceed to Brig Bay, and maiie full inquiries into the eonjjilaints against Gareau, and will take such steps as may he necessary to prevent any danger of violent action on his l)ar(. L have, &c. (Signed) H. ^\\ WAl.JvDJ!. Im-iosure 1(5 in No. 37. L'iijiidln air B. Wullccr to Captain Muic'chut. Sir, " Emerald," Auyud 5, 18t)0. IN accordance with your re(]uest, 1 have this day visited Urig Bay, in order to inquire into the conduct of Louis Oareau, and I haTO the honour to inform you that I have taken measures to insure the future pood iK'haviour of the above person. He has also been induced to give up his lire-arms. These steps will, I think, prevent Captain Philippe being further troubled l)y this person. I would, at the same time, earnestly request that not only Captain Philippe, but all the Erench fishermen, should be desired to hold as little intercourse with Gareau as possible, and so prevent any further cause for future irritation. An officer will constantly visit Brig Bay to insure the p(!ace, which Gareau has been bound over to keep, being preserved. I have also the honour to say that the cod-trap complained of has been lifted some considerable time, and I have forbidden any further interruption to the French operations on his }»art. I have, &.C. (Signed) B. W. WALKEPi. § Inciosurc 17 in No. ;)7. Ca plain Murcclial, to Captain Sir U. IWdker. M. le Commandant, Croisatr " Le La Pe'rouse," Fortcau, le 5 AoiU, IS'JO. PERMETTEZ-MOl de vous remercier du tr6s aimablc orapressement que vous avez mis a aplanir les diiRcultes soulcvees a Brig Bale par la conduite dn nommo Gareau, ancien descrteur Eranyais, etablis dans ce havre. La suppression que vous avez ordonnee des armes a feu d(! cot homme violent, trop enclin a s'en servir eontre ses semblables, ramenera la securite a Brig Baie, taut pour les p^cheurs Eraneais que pour les residents Anglais eux-memes. D'autrc ^mrt, la defense ([ue vous lui avez faitc d'employer sa trappe a niorue ct de continuer a troubler les pficheurs Franfais, fera disparaitro les seuls obstacles a sa p^che dont le Capitaine Philippe se plaignait. Ce Capitaine a, d'ailleurs, defend\i a ses hommcs d'avoir aucune espece do relation avec Gareau, et dans ces conditions je pense comrae tous. Monsieur le Commandant, que toute cause de plainte future est supprimee. Agreez, &c, (Signt!) A. MARECHAL. >*'\ MAIJKCIIAL. W. AVAI.KEIJ. (TraiisliitioM.) Oti liotnd tlin cniizer " Le La Pe'roitse," Forteait, M. lo CoinniJindiuit, Aiujust r», 1890. ALLOW mo to tliank you for tlic very ainiahlo promptitude which you have display(!(l in removing tiio difficultios at Briij Ji.iy arismj? from the conduct of one Gni'(>aii, :i iMto J''rench (h).s('rttn', established in that liarhour. Tin* (Ics( ruction ordered I)y you of the iiio-arms belonging to this vitdent man, too mneli inclined to use them against his fellow creatures, will restore a sense of security aiiior.nst tlie Frer.eii lishormon, as well as amongst the English residents themselves, in Jhii; 15ay. Oil ti.e otlu'r hand, your forbidding him to use his cod-trap and to continue to impecl.' the '.'reneh fishermen Avill obviate the only obstacles to Captain Piiilippe's lisliiiig ol' v, hicli the latter complains. M(m'over, this captain has forbidden his men to hold any kind of communication Avith Gaieau, r.nd, under tliese circunistane lbs. rape, iiO c. . . . , 1 20 1* 1 lot screws . . . . , . 10 )» li liiinp chimneys, 15 e. .. 45 H ()narts kcrosine oil .. .. 80 tt 39^ lbs. 6. tarred rope, 20 e. T 00 ) 100 wharf longers, 5 e. . . 5 00 2i quarts kerosine oil . . 25 ■» I'lbs. nails, 32 c. ; U lbs. sugar, IS c, 1 dol. 98 c. .. 2 30 1 quart molasses, Ui c. , 2 lbs nails, 16 c. 32 !• 2i quarts kerosinc oil . . , , ]!y 5 (juarts brandy . , 25 1 50 27 32 '1 36 ditto 10 80 ^, 15 ditto • • 4 50 .U,\'!'27 36 ditto 10 80 » .50 lbs. pitch . , • • 50 Inclosure 19 in No. ;'i7. Captain Mare'chal to Commander Riddel, June 24, 1890. [Sec Inclosure 1 in No. 19.] MARECHAL. [84] M 2 :i: 84 Inclosuro 20 in No. 37. Commander Riddel to Captain Marechnl, June 26, 1890. [Seo Inclosure 2 in No. 19.] Tnclosiiro 21 in No. 37. Lord Knulsford to Governor Sir T. O'Brien, Sir, Downinrj Street, Jonuari/ 5, 1S91. I HAVE tlio honom- to transmit, for communication to your Ministers, copies received tli rough the Admiralty of Reports in connection witli tlio Newfoundland fisheries, and the proceedings of He." Majesty's sh.ps for their protection during the season of 1890. I have again to invito the attention of your Ministers to some of the points which I hrought to their notice when forwarding similar Reports in respect of the season of 1889. They will not fail to ohscrvc that Vice-Admiral Watson renews his recommendation as to the cstahlishment of telegraphic communication hctween Brig Bay and Port Saunders. I regret that your iNIinisters have not as yet taken any steps in this matter, the importance of which, in tiie interests of the proper regulation of tlu! fisheries and the presei'vation of peace, is pointed out in these Reports, and I trust that hofore the next season commences they will liave given effect to th(> wislies of Her ]\[ajesty's (rovern- ment in this matter. The suhject of the marking of fishing've«scls, as to which I addressed you in my despatch already referred to, is again raised by these lleports. It would appear that, in disregard of the orders issued by your Ministers, the provisions of the ^lerchant Shipping Act on this point are still largely neglected. I need not remind your Ministers of the complaints made by the inhabitants of various parts of the coast, as well as by the French, as to the lawless proceedings of these immarkcd vessels, and I trust that your Ministers will not only compel a stringent compliance witli the Mei'fchant Shipping Act, but will supplement that Act by a measure dealing with the smaller vessels to Avbich that Act does not apply. The only other point to which I have to call special attention is the question of the employment of cod-traps, bultows, and jiggers. There can be no question as to the advisability in the permanent interests of the fishery of enforcing stringent regulations as to the use of these instruments, if not of prohibiting them altogether, and I should be glad if your Government would take the matter into consideration, with a view to its being permanently settled in a manner consistent with the due preservation of the fishery, in which so great a part of the interests of the Colony is involved. I have, &c. (Signed) KNUTSFORD. ■i No. 38. Foreiyn Office to Admiralty, Sir, Foreign Office, January 10, 1891. WITH reference to your letter of the 17th November last, inclosing a copy of Captain Sir B. Walker's Report of the 22n(l October hist, upon the working of the modus vivendi during the late fishing season in Newfoundland waters, I otn directed by the Marquis of Salisbury to state to you that it appears to his Lordship that Sir H. Walker has shown much tact and discretion in his dealings with the French Naval authorities, and with the local fishermen. I am, therefore, to request you to move the Lords Commissioners of the Admiralty tf convey to that officer a formal approval of his proceedings, on behalf of Her Majesty's Government. I am, &c. (Signed) T. H. SANDERSON. m ss No. 39. The Marquis of Snlishury to the Earl of Lytton. My Lord, Foreign Office, January 14, 1891. I LEARN from Her Majesty's Secretary of State for the Colonics that, in a recent Eeport by Captain Sir B. Walker, the Senior Naval Officer on the Newfound- land Station, notice is ajjain drawn to the illicit tmffic in spirits which is being carried on in Newfoundland by the masters of certain Trench vessels frequenting the coast. Sir H. Walker states that, in sottlinij; by arbitration a dispute between Captain Vhilippe, " rriid'homnio " of Urig Bay, and Lewis Carrow, a small local trader, he had received a schedule sliowing that no less than 92 quarts of ])randy had been received I)y Garrow from I'liilippe in oxchani^e for miscellaneous stores supplied in May 1889. This case is an instance of a constant and general practice to which the attention of the French Government bus formerly been n\ore than once drawn ; and it will bo remembered that in the (joursoof t lie negotiations at l*aris,Avhich resulted in the imratified Arrangement of 1885, the French Commissioners were authorized by their Government to declare that, immediately after the ratiiication of that Arrangement, instructions would be sent to the Commandant of tlio Colony of St. Pierre and Mi([uelon for the prohibition to schooners and boats fitted out tliere for fishing purposes to ship a greater amount of sjnrituoiis liquors than slionld be deemed necessary for the require- ments of the crew. jVlthough the Convention has never come into eifect, Her iEajesty's Government cannot doubt that the Frencli (jiovernnienfc will be ready to do what is in their power to prevent a trade Avhicli is not only injurious to the revenues of the British Colony, but indirectly tends to tiu; increase of misery and destitution amongst the inhabitants of the coast, and leads not un frequently to disputes between British and French subjects. They have tlie more reason for confldeuce in this i-espec^t, as the Fnaich Declara- tion of Versailles of 1783 contained a pledge of " constant attention to prevent the Islands of St. Pierre and Miquelon from becoming an object of jealousy between th'' two nations." I have to request your Excellency to call the attention of the French Government to the continued existence of this illicit traffic, and to press vu-gently for the adoption by them of adequate measures for its repression. I am, &c. (Signed) SALISBURY, No. 40. Lord Knntsfnrd In Governor Sir T. O'Brien. SANDERSON. Sir, Downing Street, January 15, 189] . I DULY received your despatch of the 25th June last, inclosing an Address to the Queen ])assed on the lOth of that month by the Legislative Council and Assembly of Newfoundland,* having reference to the French rights of fishery on part of the coasts of Newfoundland, and to the modus vivendi conciuded with the French (lovernment for the fishing' season of last year in conneetinn with the lobster fisheries. I had opportunities of mentioning this subject to the Delegates of the Colonial Government while they were in tliis country, and it did not appear to me desirable to reply in detail to that Address whil(> other points more urgently requiring attention were under consideration. The Address commences by referring to tlie previous Address passed by both Houses of the Legislature in 1889, which denies the right of the French to take lobsters or to er(])caling tlie Aet prohihiting the nso of cod- traps. With regard to the projwsal lor siil)nutting the question of the lobster fishery to arbitration, the Address ailirms that there is no question for arbitration, and that the Colony would "be satisfied witli nothing short of the immediate removal of every French lobster factory from the shores of Newfoundland." After offering observations on the effect of the rrench bounties and the exag<,'erated pretensions of the French in regard to their Treaty rights, and upon tlie refusal of the French Government to alloM' a British Consul at St. Pierre and ]Miqu('loii, which islands are alleged to be centres of smuggling, the vVddress concludes by ]n'aying tliat tier ^VFajesty will be pleased to assent to the two Acts above referred to. and tliat llei' Majesty Avill relieve Newfound- land from its most anomalous and injurious jjosition in relation to the French claims. Her Majesty's Government have given the vicnvs put forward in this Address their very careful consideration, and on many of the i)oints referred to therein as regards the French rights of fishery on the coast tlu-y ai'e in accord with the opinions of the two Houses of the Legislature, as is shown in tlu; voluminous correspondence Avith the French Government, which was ])restMUed to tlie lni|H>rial Parliament last Session; but Her Majesty's Government re^n^t to observe tiiat the Legislature of Newfoundland fails to apj)rcciatc the difilculiy of urging its views on the Government of France, inasmuch as that GoviTument holds dinmetrically opposite opinions on the language of the Treaties and Declprations in reu'ard to tlie rights of French subjects. Thus, in regnrd to the lobster fisheries question, Her INIajesty's Government agree tlijvt the French have no right to erect on the coast lobster factories, or, indeed, any constructions other than those specified in the Treaties; but. on the other hand, it must be remembered that the Ibitisli declaration of 17>^'> undertakes that " in order that the fishermen of the two nations may not give cause for daily quarrels. His Britannic Majesty will take the most positive* measures for preventing his subjects from interrupting in any manner by their competition the fishery of the French during the temporary exercise of it, which is uraiilcd to them upon the coasts of the Island of Newfoundland; and he will, for (his j)i;:jose, cause tlie fixed Settlements which shall be formed thei'e to be removed ; " and the French Government contends that the British lobster factories, which an; alleged to interfere with flu; French fishing opera- tions, are consequently altogether unlawful, and should be removed. Whilst this difference of opinion exists between the two Governments, it is impossible for Her ^lajesty's Government, as was pointed out in my despatch of the 10th November last,* to " force upon a friendly Powei- the renunciation of its Treaty rights, to compel the acceptance of an interpretation of those rights which Her Majesty's Government uphold, but which is at dii-ect variance with the interpre- tation upheld by that Power." I request that you will communicat(> that despatcdi to the Legislature, as well as my despatch to you of the 2'ith .lun(> last. The former explains the result of the interviews which took place with the Delegates of the Colonial Government who were recently in this country, and the latter was writt(>n in reply to the Petition to t]w Queen, signed by a large number of the inhabitants of Newfoundland, and deals with some of the points to which the ])resent Address refers. In accordance with the wish of the Delegates, Her Majesty's Government lately proposed to the French Government that they should accej)t a pecuniary indemnity and a statutory p(!rmission to pin-chase bait, as a consideration for renouncing their alleged rights upon the coast and territorial waters of Newfoundland, and abolishing the bounty upon all fish not consumed in French dominions. Her Majesty's Govern- ment regret, however, that these proposals hrv.- not been accejited. With regard to the prayer of the Petition, that Her Majesty's assent may be given to the two Acts of the Colonial Legislature respecting the use of cod-traps and the Fisheries Commission, you will inform the Legislature that Her Majesty's Government cannot depart from the instructions which have already b6en communicated to you with reffu'ence to these A(!ts. You will inform the Legislature that the Address has been presented to the Queen, who was pleased to receive it very graciously. I am, &c. (Signed) KNUTSFORD. • See Innlosure in No. 26. -#^ 87 No. il. AUiiiirulty to Colonial OJict: Siv, Admiralty, January 15, 1891 . WITI[ rcrorciico to your lottor ol' tlio lOtli Xovoniber, roquestinsi; that iiuiuirics may be made r>'s|)(}cliiii>- tlio iiatmr of tlicFreudi (istablislimont ut LeCroe, Newiound- laml, I am coinmaiidcd by my Lords Commissioners of the Admiralty to transmit hcroH itii, lor tiic ))eriisal of tlie Secr(>tary of State, copy of a letter from the Captain of the " Emerald," dated the 22nd nltimo, on this subject. I am, &c. (Siijned) EVAN MACGllEGOIl. Inclosiire in No. H. Captain Sir B. Walker to Vice-Adnnral Watnoii. Sir '■ Emerald," at Bermuda, Decimiber 22, 185)0. WITH reference to tlie lleport called for in your letter of the 17th Nov(mibcr, 1S!K>, on the nature of the Erench establishment at Le Croc, I have the lionour to inform you that the buildings at this place have been in existence for some years, and are of a permanent character, beini; built of stone and roofed. The establishment in question contains, as I'c]) resented by the Newfouudland Government, store-houses and gardens. It has been the custom up to last season for the Erench to buy their cattle, sheep, &c., at Sydney, Cape Breton, and land them at Le Ci-oc for the use of their cruizers, for until (juito lately it was very difficult to obtain fresh meat and vegetables on the coast, and although it is now sometimes procurable, the quantity is limited, and often in very poor condition ; vegetables in sufficient quantities are almost unobtainable. Three men from one of the ships used to be landed and left in charge of the place during the season, being remo\ed again previous to their vcssi^l leaving the coast. The question of tlxed establisiiments having been brought into prominence of late, the Erench Commodore decided not to use the depot at Le Croc this season, and I have every reason to believe that it will not be occupied again. The number of Erench rooms on the cast (joast is new so small that, except for surveying purj)oses, the Ereucii vessels are very little (m it, being iiriucipally on the west coast, when Sydney, Cape Breton, answers all their purposes admirably. Wlien tlie Ereneli Commodoro last visited Le Croc he informed the person that it was probably the last time that she would s(!e the Erench vessels in there, i may add that the payment to the care-takers has always been punctual and liberal, this last season being no exception to the rul(\ Should I find that the dojjot at Lu Croc is again utilized, I will make an immediate Report of tiic case. I have, &c. (Signed) B. W. WALKER. ted to the Queen, lNUTSEORD. No. 42. Foreign Office to Colonial Office.* Sir, Foreign Office, January 16, 1891. THE telegrams which have recently been received by the Secretary of State for the Colonies from Newfoundland show that the course of action suggested by his Lordship to the Government and Legislature of that Colony is not likely to meet with acceptance at their hands, and I am desired by the JIarquis of Salisbury to request that you will call Lord Knutsford's attention to the mode in which those replies affect the foreign relations of this country. • * Copy sent to Goveruor of Newfoundland, January 19, 1891. 4' 88 The riglits which were reserved to Frnnce on the western shore i)t Newt'ouniiland when the portions of tlie island in French occupation were surrendered in 1713, and which have been confirmed nnd developed by subsecjuent interni.tioiinl stipulations, were im|)erfectly defined ; and the obscurity of the languaj^e used bus long btcn felt to be a serious practical inconvenience. For the past sixty years constant ettbrts have been made to clear up the disputed points, and to substitute a series of precise rules for the vaguely- worded engagements which at present exist. The views ol' the Colonists on the one hand, and of the French Government on the other, however, have diverged so widely, that up to very recently negotiations were wholly unsuccessful. In 1885, an arrangement dealing equitably with all the points in dispute was negotiated by Commissioners appointed by Earl Granville, and a modification of it framed to suit the wishes expressed by the Colonial Government was sanctioned by Lord Salisbury shortly after the change of Government in that year. But though it was signed by the Commissioners of England and France, it took no practical eflPect. Before its signature it had received the approbation of the Government of the island ; but a general election and a change of Ministry took place there, and after the signature the Colony, acting under a power reserved to it by Her iVlajesty's Government, refused its assent to the arrangement which the two Governments had made. The language of the Colonial Government has been uniformly adverse to any attempt to revive the stipulations which were thus condemned ; nor have they sugsested any others of a similar kind for the acceptance of the Government of France. During the present year, two members of the Colonial Government who were in England suggested that an attempt to close the controversy should be made, by asking the Government ot France to accept, in lieu of all their rights on the shore or in the waters of Newlbundland, some pecuniary satisfaction, and a perpetual engagement to permit the supply of bait to French fishermen for fishing in the open sea. This suggestion, however, was fettered by a stipulation, that the French Government should abandon tlie system of bounties by which they at present encourage the importation of fish by Frencli lishermen into the French dominions, or should at least limit its a])plication to fisli actually consumed in French territory. These proposals, as Lord Knutsford is aware, have been unequivocally declined by the Government of France. It may be concluded, therefore, that the resources of direct negotiation liiive been exhausted, and that no method of bringing the controversy to an end by any proposal on the part of Her Majesty's Government to tho French Republic now remains. The only method of doing so which is now apparently open to us is to refer the disputed points of Treaty interpretation to an Arbitrator, and to obtain his decision as to the real signi- fication of the stipulations by which this country is bound. In 1889, the conviction had forced itself upon Her Majesty's Government that recourse to this method of settlement was likely to become inevitable in respect to the lobster fishery, and unofficial discussions had taken place with the Hepresontatives of the French Republic in this country, which appeared to make it probable that no great difficulty would be found in devising a reference to an Arbitrator which should be mutually satisfactory. The Colony, however, showed itself very averse to arbitration, and at the request of the Colonial Ministry the matter was put off until after the visit of Sir Williaa- Whiteway and Mr. Harvey to this country, in order to give them an opportunity of making proposals by which, in their belief, the difficulty could be arranged. Experience has shown that hope to be unfounded. We are in the presence ot the same state of facts as those which confronted us in the winter of 18S9. The differences between the conception formed of the meaning of the Treaties by the Colonists and that formed by the French authorities have become so sharp, and apply to practical interests so urgent, that unless they can be settled disorders and conflicts of a serious kind are almost certain to ensue. In view of this state of facts. Her Majesty's Government have asked the Colony to co-operate for the purpose of negotiation or of arbitration, and in the latter event to give legal validity to some intermediate arrangement which should keep the conflicting interests apart until a settlement has been made. In ]'eply to this request, the Colonial Government have taken up an argumentative position which had been more than once obscurely indicated, but never so clearly explained until now. They do not seek for any interpretation of the Treaty stipulations which regulate the rights of the French upon the western shore, and they will not co-operate in any form of accommodation, be it by negotiations or be it by arbitration, which has not the cessation of those rights as an indispensable condition. They dispute the French view of the Treaties ; but they object to have the dispute decided by the only peaceful method known to International Law, unless the French will accept a condition which we have no right to impose, and which the French Govenunent have declared in the plainest ■» 89 terms their intention of refusing. This determination by the Colonial Government is expressed with a clearness and an emphasis which untbrtiuiati'ly leaves no room for dnubr as to its 8ip:nification. It is impossible not to sympathize with the Colonists in their impatience at the burden of 8ti|)ulations which seriously interfere both witli the economical development of the island and with the prosecution of its most important industry. It is deeply to ho re2;retted that advantage was not taken of the occasions on wiiicli, without ditficulty, the rights of the Krench might either have been extinguished, or at least defined. But we have to deal with the facts as they stand before us. Tlie issue raised i)y the attitude of the (Jolony is no longer the question which is the riglit interpretation of the summary language used by the Treaty of Utrecht, or the Declarations of Versailles. It is the question whether the French shall be allowed to exercise any rights whatever over the western shore and its territorial waters. The existence of some French rights, whatever their exact interpretation may be, is a matter of absolute certainty. The signature of England has been pledged again and again to their acknowledgment. They cannot be repudiated so long as the bindmg force of any Treaty obligations made in the past is admitted. The honour of England is committed to the acceptance of them, and the nation certainly would never consent to a breach with France incurred in the support of what would be a plain infraction of Treaty right. It is (piite conceivable that the Colonial Ministers should dislike to incur any responsi- bility in 8U|)port of Treaty rights whicii they have no interest in upiioldinLT, and the cnijency of which may he im|)erfectly understood by the |)opulation of Newfoundland. I'ut their refusal to give us their co-operatiou ni the matter does not relieve this country from the obligations which it lias incurred. Lord Salisbury considers that Her Majesty's Government must take tlic shortest and plainest metliod of ascertaining what our international engagements in this matter are, and of carrying those engagements into eU'ect. It appears to him tliat no time should now be lost in making proposals to the Krench Govermnent which may lead to arbitratiun upon, at all events, the most urgent of the matters which are in contest between them. It is baldly to be hoped that this process can be complete before the ensuing tisiiing season commences. It may be therefore necessary to conclude some intermediate arrangement, which |)rol)ably would follow the lines of the arrangement ma.le last year, omitting those portions of it which have become inapplicable through the lapse of time. It will bo necessary to apply to Parliament to obtain the powers for giving eU'ect to any such arrangemeat ; as it appears from the course of legal proceedings that there is at least doubt whether our officers, in taking steps for that purpose, would be adeipiatdy protected against an action at law. The Statute of the fifth year of George IV's reign, which untoriunately was allowed to lapse, wUi probably furnish the best model for legislation upon this point, as it only aims at securing the petformance of international obligations, and does not interfere with the internal affairs of the island. I am, &c. (Signed) T. H. SANDERSON. No. 43. Colonial Office to Foreign Office.* — (Beceivcd January 19.) Sir, Downing Street, January 19, 1891. I AIM directed by the Secretary of State for the Colonies to acknoM' ledge the receipt of your letter of the IGth instant, in which, by the direction of the Mar(\ui9 of Salisbury, you call Lord Knutsford's attention to the mode in which the foreign relations of this country are affected by the replies lately received from the Govern- ment of Newfoundland in regard to the French Fishery question. Lord Knutsford concurs in the conclusion arrived at by Lord Salisbury, that as it has not been possible to come to a friendly arrangement with Franco in accordance with the stipulations of the Newfoundland Government, it has become necessary to ascertain definitively, without further delay, what are the iiiternational engagements of this country in the matter ; and that, for this purpose, proposals for arbitration should he made to the French Government. And as some time must elapse before the opinion 0 mcnt must nptniii bo iiiatlo for tho current year; and that any doubts which may i>xi8t as to th»' h'^ality of (he acts done by Her Majesty's ollicers in controlling tho tishcrics shouhl be removed l)y h-jjislation. His Lordship is coiisi(h'riTig tho provisions of a Hill for this purpose, and is disposed to think that it should bo on tho linos indicated in the last paragraph of your letter. I am, &o. (Signed) ROBERT G. W. HERBERT. No. di'i. Admiralty to Vice-Admiral IVatson, — {Received at the Foreign Office, January 20.) Sir, Admiralty, January 20, 1891. 1 AM conuiinnded by my Lords Commissioners of the Admiralty to request thnl you will convey to tiic officers in command of Her Majesty's ships "Emerald " (Captain Sir H. Walker, Bart.), " rdicnn " (Conmiandcr Daniel McN. Riddel), and " Forward " (Lieutenant Scolt W. A, 11. (Jray) the expression of their Lordships' approval of the satisfactory manner in which they have carried out their duties, in connection with the protection of the Newfoundland fisheries during the past season, in which approbation the Secretaries of State for Forciirn and Colonial Affairs have signified their concurrence. 2. My Lords also desire that you will inform Sir Baldwin Walker that the Secretaries of State for Foreign and Colonial Affairs have further signified their sense of the tact and discretion shown by him in his dealings with the French Naval authorities and with the local fishermen in Newfoundland, and in these expressions my Lords desire to add their entire concurrence. I am, &c. (Signed) EVAN MACGREGOR. No. 45. Tke Marquis of Salisbury to M. Waddington. M. I'Ambassadeur, Foreign Office, January 20, 1891. I HAD the honour to confer with your Excellency on tlie day belore Christmas Day with reference to the present position of the negotiations respecting Newfound- land ; and I conveyed to you the probability that, in view of the recent failure of all attempts to close the question by agreement, we should lake an early opportunity of inviting the French Government to refer the principal questions in dispute to arbitration. You expressed a iieneral concurrence in this policy, and intimated your willingness to receive any proposals 1 minht have to make. I now submit lo your Excellency, for the consideration of the Government of the Republic, a proposal to refer the extent and limits of the rights secured to France by the Treaty of Utrecht and subsequent stipulations to the decision of an Arbitrator. The principal questions which separate us on the subject of Newfoundland were stated in my despatch to Lord Lvtton of the 24th September, which was communicated by him to M. Ribot. Taking them in the order of their urgency at the present time, they are as follows : — 1. Do the words " permis de pecher et de s^cber le poisson," employed in the Xlllth Article of the Treaty of Utrecht, apply to all kinds of animals found in the sea ; if not, to which kinds is the application limited ? 2. Whether Great Britain, by j^ranting to France the right of drying fish and cutting wood along a portion of the shore of Newfoundland, and by promising the removal of " ^tablissements s^dentaires," has engaged to prohibit her subjects from erecting any kind of building on thai part of the shore, or only those buildings which are concerned with the fishery; and, if so, whether lobster factories are included in the prohibition? 3. Do the Treaties, by prohibiting French subjects from any construction on the shore beyond "^chafauds et cabanes n^cessaires et usites pour s^cher le poisson," prohibit tliem from erecting removable lobster factories ? -m ¥. UERBERT. p, January 20.) 91 4. To what depth inland do the prohibitions against building on the part of ^'ritish •ubjects, whatever they ri> • be, extend ? 5. Whether, under the true Interpretation of the Treaties, fueat liritain, in virtue of her sovereignty over Newloundiand, possesses on that part of the eoust ri;;hts of fishery concurrent with tlioso of Franee, an:l equal to tlicm; or only rights which must he su exercised as not to disturb the fishery of France ? The controversy is too fanuliar to the French Foreign Oflicc for it to bo necessary for ni«; to accompany this summary of the questions to be referred by any coinmcii'aries or explanations. If there are any amendments to this statement which wouli', in the view of the Government of the Re|)ul)lic, make it a more satisfactory b; -is of reference, I shall be happy to consider them. But if, on the other hand, I recei e from you an intimation that, for the pres^ent at least, this statement of our difturences would, in the opinion of the French Government, furnisli an adequate material for the judgment of an Arbitrator, and would pive the Arbitrator an o|)purtunity of setting at rest the most difficult of the controversies in wliich wc arc engaged, I would then proceed to submit, for your consideration, suggestions with regard to the mode in which that Arbitrator thould be chosen, and as to tlie precise terms in which the (piestions should be placed before him. I have, &c. (Signed) SALISBURY. No. 40. MACGREGOR. The Marquis of Salisbury to the Earl of Lytton, My Lord, Foreign Office, February 11, 1891. THE French Ambassador cnllcd at this Office this afternoon and made the following communication on behalf of his Government in reply to i\w proposal I had addressed to him for submitting to arl)itrati(m the questions at issue between the two Governm(mts in regard to the Newfoundland fisheries. Tho French Governmenn accept arbitration as the means of putting an end to the difiicidties in regard to the Ncwfoundliind Fisheries which the two Guvernments desire to adjust. They agree at once that tho Arbitrators siiall adjudge any questions which may be submitted to tliem by eitlier Cabinet in I'egard to the capture and preparation of lobsters. They tliink there would be considerable difficulty in settling beforehand the exact issues to be submitted, and that it should be open to either Government to submit to the Arbitrators any question connected with the western shore of Newfoundland, provided that it is one whiclx concerns the capture and preparation of lobsters. They propose that the Board of Arbitration should consist of three jurists, with the addition of one or, if necessary, two members appointed on either side. These latter would act as the mediums of communication between the Tribunal and the two Governments, but would also themselves vote as Arbitrators. The Frcncli Government malce their consent to the arbitration dependent upon two preliminary conditions, namely, that the modus vivendi agreed upon for last fishing season shall be renewed for the present year, and f hat they should receive an assurance from Her Majesty's Government that effect will bo given to tho decision of the Arbitrators whatever it may be. I informed M. Waddington that these proposals would receive due consideration, and that a reply would be sent to him after consultation with tho Cabinet. I am, &c. (Signed) SALISBURY. No. 47. The Marquis of Salisbury to the Earl of Lytton. My Lord, Foreign Office, February 14, 1891. IN accordance with the instructions of the Cabinet, I have to-day informed M. Waddington that Her Majesty's Government agree generally with the French Government in regard to the proposed arbitration on the Newfoundland fishery question. [84] O M T had some convorsation with ]iis Excellency as to the Arbitrators to be chosen, ftiul ns to the place where tJiey should meet. 1 said that the best plan would appear to bo that the names of several jurists beloD^iiii; to neutral nations should be NUf^gosted by the two Govornmonts, and that three mIiouIiI tlieu bo selected from the list. It would, I thought, be necessary to choose persons well uequainted with both English and French. I added that, speaking from tlrst impressions, it appeared to mo that the best meeting-plaoe for the Tribunal of Arbitration would bo Brussels. I am, &c. (Signed) SALISBURY. No. 48. Colonial Office to Foreign Office. — {Received February 27.) Sir, Downing Street, February 27, 1891. I AM directed by Lord Rnntsford to transmit to you, for the information of the Marquis of Salisbury, an extract from the " Canadian Gazette" of the l-'th instant, containing a Notice said to be circulating on the west coast of Newfoundland, alleging that the naval officers have no legal authority for enforcing the provisions of the Treaties with France, and recommending legal proceedings against them. I am also to inclose copies of telegraphic correspondence with the Governor of Newfoundland on the subject of this .Notice. I am, &c. (Signed) JOHN BRAMSTON. Inclosurc 1 in No. 48. Extract from the " Canadian Gazette" of February 12, 1891. The Newfoundland Difficulty — a bemarkablb Document. — We have received from an unknown quarter through the post this strange document, which we give in its entirety. It bears this indorsement: — "Copy of document now in circulation among the inhabitants of the west coast of Newfoundland ": — ,;l " Notice. "The fishermen and managers of lobster fa«!tories on the western coast of Newfoundland, falsely called the 'French Shore,' are earnestly requested to hoist British flags on their boats, nets, and factories during the coming fishing season, to claim the protection of British war-vessels if interfered with by French vessels, and to report as promptly as possible any refusal of British officers to protect them, being careful to give full and true particulars as to circumstances, place, and date. "It cannot I)e too widely known that the Act which enabled successive British Governments to enforce French ' claims ' has been repealed many years ago, and no power given by tl)e Imperial Parliament or by the local Legislature to enforce those claims exists. Naval officers interfering with British subjects in the exercise of their rights as citizens of the Empire do so at their own risk. Any complaint should be laid before the local Magistrate or Justice of the Peace, who, as representing the civil authority, has more legal power than naval officers, and the officer arrested by warrant if necessary. If an officer • confiscates ' nets, lobster-pots, &c., as has often been done, have him arrested for theft and brought before a Magistrate like any common offender, no matter what his rank. " No order from the British Admiralty can override the Constitution of Newfound- land. Magistrates and .lustices of the Peace are urged to do their duty in asserting the civil power, as !>o authority exists for ' naval law ' as hitherto administered. Civil authority is superior to military or naval, except in time of war. " Fishermen are cautioned not to sign any paper given by British officers, or make rotors to be choseiif s of several jurists ornmonts, and that ht, be necessary to o me that the hcnt &o. SALISBURY. 27.) 'ehruary 27, 1891. the information of of the U'th instant, foundland, alleging ions of the Treaties with the Governor N BRAMSTO?r. }«3 any promlHo not to (isli in their own waterH. No Hritisli oHiciT Iiuh (lie \>o\\vr fo «-xtort •ucli pruniiMOH or a;;ri'omi'nt. •'Pass the word up the coast, that tlio Knipiro, especially the Colonios, of wiiicli Nowfounilland is the olilcst, ' expects every Newfouiullamlor to do his duty.' " NewlountllandorH! your interests are sacriliced, not by the present or tonner New- foundland (jovernnieiits, out by the Kn;;li.«sh Korei;,'i» OHice, because it prefers the interests of the rich bankers and liondboiilcrs, who have invested Uieir money in Egyptian securities, ami want no trouble with Trance. " No capital or enterprise will come into Western Newfoundland until the French are out of it 1 •" Now's the ilay, and now's the hour I' "Reliable infonnation should be sent to any of the tbllowing: — "Tiie Patriotic Association, St. John's, Newfoundlantl. " Ueuter's agenl, St. dohn's, Newfoundland. "Central News Ollice, London, Knj^linid. "•Newfoinidlander,' c. o. llayward's E.\chany;e, Bristol, Kn/^land." Inclosure 2 in No. 48. Lord Kniitsford to Gore mar Sir T. O' lirii'n. (Telegraphic.) DounUuj Street, Februtinj 1!>, 1801, 1-1<» v.w. NEWSPAPER report Notice eircubited on west coast, pointing out that naval officers have not legal authority for enforcing provisions of Treaty, and recommending legal proceedings against them. Inquire into truth of report, ami send copy of Notice. 891. MENT. — We have nent, which we give ilation among the western coast of ed to hoist British ason, to claim the sis, and to report , being careful to successive British years ago, and •e to enforce those the exercise of mplaint should be representing the } officer arrested &c., as hos often ! like any common ion of Newfound- y in asserting the ninistered. Civil officers, or make Inclosure 3 in No. 48. Governor Sir T. O'Brien to Lord Kniitsford. (Ttlegraphic.) {Received February 20, 1891, 7-23 P.M.) REFERRING to your telegram of the 19th February, I caused inquiry to be made fr(jm all Stipendiary Magistrates on west coast, who report by telegram that nothing known of reported Notice. They have not seen nor heard of it. Local newspapers yesterday evening published extract from Halifax daily paper giving copy of alleged Notice, which was first time T received intimation. Inclosure 4 in No. 48. Governor Sir T, O'Brien to Lord Knutsford. (Telegraphic.) {Received February 23, 1891.) REFERRING to my telegram of the 20th February, Notice referred to appears to have been handed to Halifax daily papers by John Silver and Company, of Halifax, owners of factories on Treaty Shore. [84] o a Wr ■ ', I 04 No. 49. Colonial Office to Foreign Office. — {Received March 6.) Sir, Downing Street, March 6, 1891. WITH rctVrcnco to the letter from this Department of the 27tli ultimo, I am directed by Lord Kmitsford to transmit to you, for the information of the Marquis of Salisbury, coi)i('s of two further telegrams from the Governor of Newfoundland reporting that tlio Notice advising resistance to the naval officers is now being circulated on the west coast. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 49. Governor Sir T. O'Brien to Lord Knutsforc'. (Telegraphic.) {Received March 3, 1891.) REFERRING to your telegram of 19th February and mine of 20th and 23rd February : Stipendiary Magistrate at St. Gcorg(?'s Bay rcpoi'ts by telegram that Notice referred to is biMug circulated. I have sent by mail extract from Halifax daily papers containing copy of Notice. Inclosure 2 in No. 49. Governor Sir T. O'Brien to Lord Knutsford. (Telegraphic.) {Received March 4, 1891.) REFERRING to my telegram of 3rd March : Bonne Bay to-day reports by telegram iiiat Notice has arrived there, so that I presume it is being circulated on the whole coast. 11 , No. 50. Agreement between Great Britain and France. Signed March 11, 1891. THE Government of Her Britannic Majesty and tlie Government of the French jlepublio having resolved to submit to a Commission of Arbitration the solution of certain difficulties which have arisen on the portion of the coasts of Newfoundland comprised between Cape St. John and Cape Ray, passing by the north, have agreed upon the following provisions : — 1. The Commission of Arbitration shall judge and decide all tlie questions of prin- ciple which shall l)e submitted to it by cither Govcrumont, or by their Delegates, C(mcerniug tlio catching and ])re|)aration ()'' lobsters on tlw above-mentioned portion of the coasts of Newfoundland. 2. The twr> Governments engage, in so far as each may be concerned, to execute the decisions of the Commission of Arbi- tration. 3. The modus vivendi of 1890 relative to the catching and preparation of lobsters is renewed purely and simply for the fishery season of 1891. LE Gouvernement de Sa Majesty Britannique et lo Gouvernement de la Republique Frangaisc ayant rdsolu de sou- mettre a une Commission Arbitmle la solution de certaines difficultes survenues sur la partie des c6tes do Terre-Neuve compi'ise entre le Cap Saint-Jean et le Cap Ray, en passant par le nord, sont tombes d'accord sur les dispositions sui- vantes : — 1. La Commission Arbitralo jugera et tranchera toutes les questions de principc; qui lui soront soumisos par I'un ou I'autre Gouvernement, ou par lours Del6gues,