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Las diagrammes sulvants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ■ - ■ ,, \^.^-n"lt"f ■wvi^mf^i'-'-m**- »m,'\'m TIIK BlllTlSlI NORTH .\3IER1CAN FISHERIES. REPORT OF THE MANCUKSTEK FOREIGN AFFAIRS ASSOCIATION. The vai'iod iiitorosts of Erii^liuid afford scope for the action of any power th:it may aim at lior destruction, and this fact is sufficient t.> imi)03o up;iii lier people the noossity of watchfulness. If, then, instead of watchfuluoss, we have iiidiffijreiice, it cannot be surpri- siiii"; that the interests of England sliould be invariably giving way before the opposing interests of another power. If wo compare the position of England now with the position she occupied a few years ago, the difference will be seen and felt by all. It will abo be seen tiiat this ohani;e has not been tlie result of accident — that there has existed a design to bring it about, and that in carrying it out some amongst those who have wielded the destinies of this empire must have taktMj part. We caimot suppose that this de- sign could have existed, and the plans been arranged for carrying it into execution, and no one among the statesmen of England have seen this danger. On the contrary, we have seen this scheme oxpos(Ml, and the dangin' pointed out, and yet histead of action, whereby we could check these designs, our every act has been of a chai'acter to serve the enemy, and assist in the scheme. To secure the ruin of this country no step more certain could oe taken than that of denuding her of her strength, thus producing insecurity and destroying conridenee,and afterwards raising against her, not only the enmity of foreign nations, but that of iier own subjects in various ])arts of the world. At the present moment, we find the subjects of England in the East in rebellion, and in speaking of this on<; of the present Ministry has said, "What has occurred in India has been produced bi/ those who had the Oov- eruinent of lutli't." If insurrection, to (inell which drains th»' resources of the Empire, can thus be produced, it is imperative upon us to be watchful that the West does not share the sanw fate, and to the study of our position in that quarter wo are called even now by the a])pearance of danger, ^lurmurs of dis- c )ntent have already reached us from across the Atlantic. Words the meaning of which cannot be mistaken have been uttered, not wmmm 2 THE nrtiTTsn vokth AWFRroAV by (lomap;o(i;uf"< finxioiis for cliani^c. hut l)y tlio (jovoriiTiicnt nfi;ei-e(l. 1. That the Mritish i^lini^tl•r, by the treaty signed at London, January I4th, 18'>7, has wilf'iil/if sacriliced the rights of the anb- jec'ts of JJritaiu in North America bv Lciviuix t<^ French subiectH excMisively a large portion of the coast ot Xewfoundlaiul, and a concurrent right on the coast of i^ibrador, upon which to take tish, &c. 2. TJiat the Treaty of January 14th, IS')?, is also an infringo- utent of the privileges guaianteed by Treaty to the subjects of the United States. 8. That tlie tisherics of North America have long been consid- ered important in both a commercial and political point of view, and that, to give to other powers rights even ecpial with our own subjects, is to weaken our own jxnver, and to advance the interests of u toi-eign state at the expense of our own. 4. Tiiat the French have always looked to these fisheries as a means of supplying their navy with hardy seamen, and to extend their privileges there is to strengthen the forces of a foreign power which may be used to coei-ce England in the future. "). That the Treaty stipulates in Art. 20 that it shall come into opi'iMtion as soon as the laws r»Mpiii'ed to cari-y it into effect sliall have l)een passed by the Imperial I'arliament and the Legislature of XewtVtiuidland; that the lattctr having refused their consent to this uKMsure shou'd render it null and void; but that, tlie French Kiiiperor havint' promulirated the Treatv in a decree in the Moni- tvur, the French tishermeii are preparing to enforce the powers given them, thus i-endering inoperative the action of the Legisla- ture ((f N'ewfduuilland, and bringing into contempt their authority. (5. That this action on the part of France is calculated to en- danger the peace betwen the two countries. 7. That the general etfeet of this Treaty will be to ruin a great jiortion of our fellow sul)>j Hmpire, and t«» foster and inci-ease the ill-feeling that alr>;ady exists against us in the United States. To England it is the consummation <»f that treason commenced by the declaration si'^iied by the plenipotentiaries at the I'aris ConfereJices in 185(5, wiiicji, ity abrogating our maritime law, reiulers our navy useless ni tinu! of war, the action of this treaty being such as to prevent isi it| til KlHHEniES QUEHTION. t>nr rosninini!; thoHO riti;lits ivml tliat naval suitivmary wliicli, to hho the words (»t' Do Witt, was made t'oi'niulalde maiiilv tliruu;fli the discovery of tho inexjn'ossibly ricli tishiu^-haiik of Newt'omulhiMd. Ill support of tho tirst position wo may quote Vattol; — *'Tlio banks of tho sea boh)nf; incontostahly to tho nation tliut possesses tho country of which it forms a part." (liook 1, See. 21)0.) Jt is thortforo clear tliat tho tishin^-hanks of North America hi.'iong cxc'his'voly to the inhabitants ot those colonies, and (without con- sideriiif^ the advantajres that accrue to England, and which may bo used as a reason tor maintaining those rights, and refusing to otlior nations the privilege of fishing on those banks,) no nation can by law set up a right to partake of the products of the waters on that coast, llow. then, could rights such are named in the following article of the treaty of 1857 have been given away by any Englisli Minister? " AiiT. 1. Froiicli snlfjcots sliall liavo the cxvlusifc riijht U> fish ftiid to use the Rtruiul for fishery jup pose^^," ''on tlie east coiist of NewfouiKlliiiul, from Cape St. Joliii to tlie' (iuirpon Ishiiuls. They shall have the riijht to fish and to use the strand for tislicry pnritoses, to the crctuxion of British sutija-ls^ on the North Coast of Newl'oundland from tlie (iuirpmi Islands to Cajje Norman and on the west const in and ni)on the live tisliiny; harhonrs," (named) " such I'xclnjjiNe ti>liini,' to extend to ti distance of three marine miles due nortli from a straij,'iit line joininj,' Cape Nornnin and Cape 15auld. and as rej^anix the five fishin^j; h,irl)onrs shall extend to witliiu a radius of three unirine Uiiles in all directions from the centre of each harbour." This Treaty professes to have for its object the settlement of disputes as to the right of the French {iwclusireii/,) to certain poi'tions of the coast of Newfoundland. The French set up a cla m which the colonists refused to acknowledge, but which, when rcfored to the Imperial Government by those who understood the value and imjioi'tance of the points disputed, has been ceded, those to whom the colonists looked for jirotection having sanctioned tho encroachment of tlu>ir foes, vielding to another state the means of exist(>iice (»f a largo portion of the SMi>jects ot their own. That the Mnglisl Minister wilfully saci-iticed these rights is evident from tlu- fact that in his despatch of tho Kith of JaiuiaiT, isr)7, he endeavours to jirove from previous treatic>s that the French flid possess (',^r^^s■//'e riijliti^ on certain ])ortions of the coast. KeliTriiig to pn-viou-^ Treaties, we have been unable to substantiate this statement; nn tlu' contrary we tindthat the woj-d ervlndre is not om-e mentioned, nor can sucb a construction be put on auv article of tlins(> tr(>aties. IJv tln^ Treaty with France of 1814, the right of tishing by French subject.s on the Great IJank of NcwfouMilIand. on the coast of the same, on the adjacent islands, and in (he (Jiilfof »^t. Lawrence is replaced on the footing it held in 17!'2. To understand (hat position we nmst go back to the Treaty of 178'}, the tilth aitiilu (d' which concludes as follows: "Fi'cnch li>h('rm('n will enjov the li>her v wliii-li is a»ii!:ned (o them TiiK imrrisii NoiiTM amkhuvs l»y t'lc pr<'- I»(hm\ (Miiitlcil tn fiijov tli;it wh'n^lj is iissimiKMl to tliciii l»v the trciitv of rtrcclit." Ilv tht! 'rroiitv of 17(!J, tlic Iflwrtii of tisirni«r in the (liilf of St. Tiiiwrciicc is given to Fr.'ncli tiHlKM'iUi'ii on cimilititm of tlit'ii" cxci't-ising tlio saiuo iit tho ilntdiwe of t/iri')' fa i;/iii',i from tiic shore*, iirnl tlici Ti'oaty of Cti'('<'lit is immicwcmI iind coiitiniuMl us to tiio lilxM-ty on tho coast of Xtnvfniindlaiid. Ai'tirh^ l.'{ of tho Treaty of Ttrorht. signed in 171-'^, thus conchiih-s: — "\or HhM tho mo:< lioirs mid mcou-tsora or iiny of t!nir HuhJoL'ts at liny tiino luMvuftor lay riaim to the said island (Nowt'onndland) aad island**, or to any part of it i>r lla-ni. Mort'ovcr, it shall not be lawful for the siihjt'cts of Kraiifi' to fortify any pliicc in the said island of Nowfonnd- hvnd or to eri-ct anv l)nildin!;'s tluTc ln'sidcs sfau'es made of boards and huts necessary and usual for dryin;;' of tisli. or to rcstn-t to the said island boyond the time necessary for fishing; and drying; of tish. 15ut it shall he allovid to the subjectH of France to catch tish and to dry them on laml in that part only of the said island of Newfoundland which stntches from Cape lionavista to the Xm'tliern point of the said islmd. and from thence rnnninij down by the western side reaches as far as the jdace called Point Niche." This Ti'oaty of Utroeht appeal's to he that l)y wliicli tlio lihorty was first grunted to French tishei-uu'n. and it will ulso he seen that in su!)se(inei\t Treuties very little change hu« heeii niude up to the Treaty of 18')7; und uny reader of the article quoted will see that it gives no i.'xelnsive right. The snecess which has invariably attendcil the arms of Mngland in her wars with Franco lias given this country a control in those waters that has always enabled her to detend the rights of the colonists, ami it has been left to the statesmen of this day to saeritiee those rights, which sacrifice tho Minister has endeavoured to justify by the false statement that the Froneh had previously exclusive rin, and of tin; danger of further concession, under the notice of tho Imperial (Jovernment. and t/ie poinU ohJi'<'ted to then ivere the vei'i/ points they compromised and eonreded hif this Trenfij."' The examination of th(> various Treaties fails to establish the poi ion assuuuul by tlio Minister as to tho rights of the French on the coast of Newfoundland. Upon these there may have been dispute; but there could be no dispute with respect to the Labra- dor tishery. TIkm'o they had no rlnhn. By Treaty they were forbidch'ii to fish (»n that coast. The .5th Article of tho Treaty <<'■ ! ;<) ; i > "v 'liv'itict npni this point : — " .\nd His Britannic IM^IIKHIKS gri STIO.V. tllilt ■ lh»^ 'CIU'C r the ty on I'fht. •f tlirir illiilid) linvl'iil foiiiul- lltl lllltH hi'voml otrcd to iirtonly iviMtii ton tliat |1 t(» tlio 300 that vaviiibly as fjivon enabled n left to saevitlco tatemcnt • to some •tlier ovi- ne of the '-General is Treaty ty struck neal lejris- l brought of further it. and the mined and tablish the he French have been the Labra- they were the Treaty i IJritannic Aiiljesty iM)ii>;('iit,s to /cniie to tlie siiltjccts di' tli(! Most Cliiistiau Kinij file Hh'i'tii (if tisliiiio; in the (iulf of St. Liiwronce, on roiidi' iion that the siihjccts of France only exercise the same iit the dii^- tanre of' tht'ce leinjucit tv»»^ oil the, nhoirx ln'foiii/ii/;/ to Gnat Jiri- titiii, wlicther those of the continent or tiiose of the islands in tim said (J;df of St. liawrc-nce.' The (hdf is hounded on the north by l/ilirador. The tliird article of the treaty of iSf)? states that " French sMl)jects shall have tln^ riifht, concin-rently with Uritish HidijcM'ts. to tish on the coast of liabrador," " and of Noi'th Helle- isie, too;othei' with tlie liberty to dry and euro fish on any part of tin; ;lish Minister could not have been ii!;norant of the tact that the French had no right to fish on that coast. He had also the rei»orts of the colonial authorities. Go- vernor Darling, in .July, IH.'id, strongly protesti^d against the nnnonred pretensions of the French, or any such concessions as those made, as pri'posterous: and the 14th November the Minis- try renewed their soI(>nm protest against eonclnding anv arrange- ment with France without first submitting the particulars to the local legislature, which protest was strongly 8U]»ported by the history of these fisheries, we find that both in a commercial and national jioint of view they have long been considered )f very great impoi'taiice. Their value conunercially may be estimated from the follawing facts. In 1517 the first English ship visited the coast of TS't'wt'onndland. and found the French, Spanish, and Port>iguese engaged in the tiaflic. In 1(515 Fngland had 200 ships there, while the French, Hiscayans, juul I'ortugneso had 400. Many of tlu'se ships cari-ied 20 guns, 18 bojits, anil from 00 to 100 nien. In the early ])art of last century the iidiabitants of N\'w England had about 1,200 tons of shi])plng omnloved in the whale tisherv; and with their vessels encased in the cod fishery they caught upwards of 23.000 quuitals of fi.sh, valued ji( 12,«<. poi' quintal. Avhich they exported to Spain .and the Mediterranean, and remitted the proceeds in payment for English ni;uuit'u'tni"es. In 1745 the annual value of the Noi-th American fisheries was sta*^ed to be 082,000^. In 1787 the number of Bri- tish vessels engaged was 402, employing 10,850 men, while, be- sides large <|uantities of fish, there were nearly 2,400 ions of oil exported. In 1814 the exports of tish and oil amounted to nearly 3,000,000^. The advantage to this counti-y nationally may be summed up in the words of De Witt: "That the English navy became form- idable by the discovery of the inexpressibly rich fishing ground of Newfoundland." Is it possible that the English Minister could be Ignorant of these advantages? If so, suih'1\ the eagerness of the French to c TIIU llUiriSII NOKTII AMl'Mllt'AN olitiiln a sliiiro in ihomi luMK^Iits iniiilit liavo juvjiIvciumI siispicinii. Was not tin* Kiiirlisli Minister aware that "the Ministers of Kraneo (•(tnsidei'ed tin; value of those fisheries, not s(» niueh in a eonuner- eial view, hut as essential in providinu; their navy with that pliy- sieal strenL!;th wliieh would enahle tlieni to cope with olhei- nations; that it was a maxim with the I'Vench (iovernnient that thi'ir Ame- rican fisheries were of more national value in re^^ai'd to navi;;ation and power than the ji;(»ld mint's of M(v\ieo would hitve heen." Could he he ij^noraiitof the faet that the l^'rench (iovei-nment eu- courati;»!d thin trallie hy lilxual hounties, and that of lat(! years these honnties had heen consideriihly imreiised.'' By tin; i-eport snlunitted in 1S5I hy M. Dumas, Minister (»f Ai;rieultin"e and Counuerce, and M. liomain Desfosses. Minister of MiiriiU' and Coliuiies, we tind that the honnties paiil hy Franco from 1841 to 18'>(), for the cod fisliery alone, amounted to an an- nual averai;e of .T, !)()(). ()()(( francs, which, the avei*a()(), was t3.'?8 fi'ancs per annum for each man. >Vas tluM'o no I'eason hen* why the British Minist(;r should have ])aused hefoi'e he inciiMscd the pi'ivile;;'"' onjoyed hy the! French, even if this c(»iild hiive heen done without injury to our fellow-sui>jectsi' Is the maintenance anil increase of the navy of Franco nothing; to a British MinisttM-/ If wo could suppose liim unahle to appreciate these considerations, he had hefore him the report of a committee of the National Assenihly upon a projected law to refj;ulate the liounties. reeomnien linuf an incrciise for the j>ur]»ose of " sfiuudatini:; the di-oopiuii' enerities of the fisli(>rmen, and cii.'oirlntf a voinjxtciit siij>/'fi/ < if' able .scdiiiiii Jor French ships qt' war." We copy the following exti-act from that report: — '■ Ydui' Commission has not tlioiij^ht that the onconrairomont fj^rantcd to the tisln'rios can lie re^^ardod us an oxclnsive favour or protection to ono I'orni of in(Ui:in;;' from it, becomes a very eonsiderahle element of cmjiloymeDt to ii numerous eiass; hut (his eonsideraiion appears to us entirely secondary, and insudieieut to Justify the favour of special legislation. We conceive that s\ieli imhistrial employments as can ]irosper only at the expense of the public treasiu-y should not exist; and thai the inlerveiition of the .state, in the torm of aids and bounties, can be justilied only by coiiyilerations of a {;-cneral and public interest. It is not, therelure. a eommercial law we pro- pose, but rather a maritime law, a law conceived for I lie advaiico'.iieiit of the naval i)inver of this country; for it is in this jxiint of vie^v only that, in our opini(m, the encoura;;enient {^-ranted to the fisheries on^ilit to be maintained. // is on oar Ji-ihcrkis lltut our mo:^l. serious ho/tcs of inari/ime ciillstinent re- pose. Thefslwrics ijicr. eiiiploi/nicuf to a (jrait iiuntlicr of men, trfiotn a la- borious naciijdtinii, under iliiudks of c.vlrcnte riijoiir, spec'lil;/ forms to the profession of the sea. No other school can conipiirr. iritii this in pnporiny Ihein so well, and in numbers so important, for the fcroiec of the navy." The law thus vecommendiul came into operation Jan. 1. 1852, iiud hy its provisions each man employed in the cod tishery re- ceives 50 francs yearly, hesidcs alargc'hounty on the exportation riHiiHKiKH (^1 i;sTiii\, ot' fisli (if French ciilfli. Tims sliiniiliitc il, it is im woimIci- that Ki'ciicli lis|i<'i'iut'ii slidiild stu'k t(» I'.vtciul liic limits witliiii wiiicli llicT wore bouml l»y treaty. Hut was it \\>y the IJritisli Minister to i;M'ant this, when their iiurjM).>es and olijects were so niidis- miisedlv laid helore him, and this at the exj-ense of IJriti.-^li sidijeeti* and without cousiiltini^ them iw to the etVecl sneh chun^o would have on theii' interests, and wlu'ther it was desirahle.'' Mr. Lahouehere, in his (lesi>atih to the (iovernnient of New- t'onndland, aeeoiniian_vinenf>/e of Newfoundland have been so full*' '•';[ lieforo tliis dep.ntnu'nt by the despat<'lies and accompany nij; documents of yoinself antl prcilecessors that iinlhiiij^' was wantinij; to c(»mpleto till' necessary information on this head.' The Minister in this siatemeiit i-orrohorates the (piolation we liaval? Mr Labouchere supplies the answer: "The presence of a l''rencli j^cntlenian sjiecially en- trusted by th(> I'VencIi (invernnn'ut with the conduct of the busi- ness rendered it desirable to arrive at an understandinjr vvitlmut delay." Thus, the I'i.iims of Fi-ance beinn' tibjected U) in Nevv- fonnd'and, a i'rench ai^i-nt is sent to London, and hi, with tho Krench aniliassailor, meets the Ibitish Ministei', who, despite all waniinij;s aiiMin>t such a course, makes a treaty tiivinj; the FnMich li^Iits to which they had no claim, to thi; injury of those whose alleixiaiice to the l>ritish Crown guaranteed them protection. The L'dtb .\rticle of the Treaty would appear to yive to tlic Newfoundland 'bmse of Ass(Mubiy the ])o»ver to adopt or reject this Ti'cary, which view Mr. Laboiichere confirms in a letter to the Shellield Committee, dated April Itith, 1857, in which it is stated that, "as this convention was only to come into operation when the re(ini:-'ue l.iws had pas>ed the provincial legislature and the lm|)erial Pai-liament, the n-fusal of the fornu.'r body to enter- tain the subject has ni-cessarily rendered it inoperative aiul of no effect."" I'lve d.iys before the date of that letter the Emperor of the French prounil^ated the treaty in .a decree in tho Aftmiteur, and recent infi'lli^'ence shows tli.it the French fishernu'n arc about to use the powers nranti'd them, thus trespassint; on the rights of the colonists, and trampling on their constitution, acts to which the Fnglish Ministei- is a party, and which not only tend to spread disaffection, but to break the ])eace between the two countries. This treaty is also an inlVing(>ment of the rights »»f America, as Art. 1 of ihe (rcafv of IS.jI slate.-; — fi ¥ J H TilK OKIIIHII N'OHTil AMRitlCAN KIHIIKIIIUH QIEHTIUN, "Tlu' inhahituiith of tlic United Htnte-t ^hall liuvc, in conunoii with tlit> i^iilt- jcctn iif littr Iti'itaiiiiic .MujcHtY, iiiu'i't) to taku Hh!i ol'ivvt'rv kiii«l, tixui'pt hIiuII- iUli, oil the Hi>a ctuMtH, aiul in IIil> Imijth, liailioiirM, ami creeks, of ('aiia«la. Nova Hcotiu, Nt!W UniiiMwii-k, I'rinui' Kdward iHlani', anil tiic Hi'Vt>ral islands adja- font, without iM'iiijj; ruHtrieted to any diHtancv (Voni thu Hhuru." Art. 6 oxtouds thin riglit to Xcwfouiidliuid. Tlic rii^hts thuH Rivoii to AmiM'ii'a an;, hy Art. 1 of tlu; treaty of IH.')7, interfered with, and portions of the eua»t tu which tliey had been admitted jjivoii exehisivoly to Franco. Upon the effect ot thif» treaty we have ovidonco of the most con- <'hisive character in the soeeclies made in the lIuu«o of Ahaonibly, as will he seen by the followinj^ extracts: — " Any further coiiceurtioiw will bo not only detrinioiital, but destruetive, to tlie bestt intei'ui*t8 of Newfoundland and ttuliveiHive of the ri^httt ut noi^hbour- iiij; uuluiiit'H, which Hru interested in a larf^e decree in tiieiie coiiueHMiunH." — The Attunuy-General. " These North Auierieaii colonies are as little dispoHed to tolerate parental injuHtice aa were the old colonies ii. 17H3, and he felt assured that his opiniun wliuld Ihj confirmed by a loud voice from British North America, wliich would wake up the Uritish Minister tu a sense of tiie traitorous fully uf the conven- tion he had agreed to." — Tlie Speaker. " The Americans had ri^lits in the jtlaces which the French were tu bo ad- mitted to, and the pri'sence of the Krencli would be us injurious to thum as to iM, for their enuriuous bounties fj;ave them like advanta}>;o over both. They were not likely to allow their ri^^hts to be coinp'-uinised in this manner. Mid no doubt they would make an ettective rcmuiisiunce." — The I'ruoiiicial Secretary. " Would the United States look with inditfereiice on this act of the British Government ? He t!iuu»;lit not ; they had ri;j;hts on the coast of this culoiiy, as well as on the coast of Labrador, in cunimon with ourselves, wnich they had purchased by the ei[uivtilent of takin<>; off 20 per cent, which hod hitherlu been imposed as duty upon the products of this country going into their mar* kets, as a protection to their own fishermen. Their inierests would be Huaa- a^ed equally with our own, and he thought it was their duty to protest againit this infamous measure ; they should not let it gu ut all events without a strong protest." — Mr. Talbot. " What would Lord Nelson say if he knew that it was proposed to cede to the hereditary rival uf England the fisheries of NewfouDdland, which had nursed the boldest and bravest seamen who ever manned the English navy? What would he say if he knew that thu plenipotentiary of England had been conspiring with Louis Napoleon fur tiie surrender of that nursery, so valued by the statesmen uf another age, who looked to it as a means whereby the domination of thi; ocean was secured to Britain." — The Prucincial Secretary . i^nip f ."Mim