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EEPOET OF THE COUNCIL /^ « ,

T« 1

OF THE

#

|l0pl €M\A %miMi

ON THB

NEWFOUNDLAND FISHERY QUESTION.

NOVEMBER, 1875.

XJNWIN BROTHEES, PEINTEES, 109A, CANNON STEEET;

AOT) AT CHILWORTH, SURREY.
1876.

A

4

INTRODUCTION

t

J '

W

'■

i

His Grace the Duke op Manchester, the President of the
Eoyal Colonial Institute, having called the attention of the
Council to the subject of the Fisheries of Newfoundland, they
appointed a Committee, in the month of March last, for the
purpose of collecting information, and drawing up a lieport
upon this important Imperial question.

Having occupied much time in preliminary researches into
the past history of the question, and collected a variety of im-
portant documents, bearing upon the subject, the Committee
have agreed to the following Report, setting forth all the facts
of interest and importance relating to it.

They have to acknowledge the valuable information they
received in the course of its preparation from the Hon,
F. B. T. Carter, the Premier of Newfoundland, during his
recent visit to England, as well as the assistance rendered
by the Hon. C. F. Bennett, and Mr. E. J. Pinsent, the late
Solicitor-General of Newfoundland.

The Council have accepted the Report of the Committee, and
now present it to the Fellows of the Royal Colonial Institute
They cannot doubt that it will be read with the deepest atten-
tion, containing, as it does, in their judgment, a complete,
succinct, impartial, and exhaustive exposition of the facts of a
question of most vital importance to the interests, not only of
the inhabitants of Newfoundland, but of the whole British
Empire. ^ _ __.

From this Report it will be seen —

1. That the French have only been allowed certain rights

in

^^ 9/x

iy

Introduction.

of fishing in the waters of Newfoundland concurrently with
British subjects, and not to the exclusion of the latter.

2. That the French have only a right to occupy temporarily
portions of the shore for fishing and for drying fish, and
that they may occupy no more of the shore than is requisite
for such purpose, nor for any time beyond the fishing
season, the right of occupation ceasing at the end of each
season.

3. That the concurrent right of fishing was limited to the
sea, at distances from the shore, varying at different periods,
for the purpose of taking codfish. .

4. That British fishermen are not prohibited from using,
nor have the French any exclusive right of using, any engines
or machines for taking fish.

5. That the French have no right to take fish of any de-
scription in the estuaries or rivers of Newfoundland, whether
on the so-called " French Shore " or elsewhere.

6. That no judicatory rights are conferred on the French
by the Treaties, and therefore the interference exercised by
their cruisers in disputes between subjects of the two nations
is unjustifiable.

7. That there is nothing in any of the Treaties to justify
the assertion of a right to exclude British subjects from occu-
pying and settling on the land on that part of the coast called
the " French Shore," between Cape St. John and Cape Kay.
Such a claim, in fact, affects the right of sovereignty in New-
foundland.

FREDEEICK YOUNG,

Honorary Secretary.

London, November, 1875.

■'■ ■■.,, !■ ■■^■' ■■■=",»'..

^ *'-': . *.- .^v

EEPOET

ON THB

I NEWFOUNDLAND FISHERY QUESTION.

The Committee appointed by the Council of the Royal Colonial
Institute to investigate the French claims respecting the Newfoundland
Fisheries have agreed to the following Report.

The claims now put forward by France upon the coast of Newfound-
land, and virtually enforced by her squadron there, may be resolved
into two classes :

(I.)

A claim to the exclusive right of fishery on that part of the coast ex-
tending from Cape St. John to Cape Ray, a distance including about
one half of the entire coast of Newfoundland, to which the Treaty of
Paris (1763) only gave her a concurrent right.

(11.)
A claim to prevent the British inhabitants of Newfoundland from
any occupation of land, situated within such limits, for mining, agricul
tural, or other purposes ; in fact, a claim to virtual territorial sovereignty
of the same.

From a strict investigation of the whole question in regard to both
these claims it appears —

First,— That the following list embraces the whole of the Treaties,
Declarations, Acts of Parliament, Conventions, and Decrees, evermade and
entered into by Great Britain with France in relation to the Newfound-
land fisheries, viz. : — i

Treaty of Utrecht 11th April, 1713.

Treaty of Paris 10th February, 1763.

Treaty of Versailles 8rd September, 1783.

British Declaration 8rd September, 1783.

• Expired with Treaty of 1783, which was annulled by war, 1793.

^ * The annotations of Treaties,&c., are given as they appear in the collection of
jilr. Hertslett, Librarian, Foreign Office.

0 Repoit on the Newfoundland Fishery Question.

Act of Parliament, 28 Geo. III. c. 8C 1788.

Bjwpirod with Treaty, 1783, which was annulled by war, 1793.

Treaty of Amiens, Art. 15 1802,

Merely confirms Treaty of Yersailloa.

Definitive Treaty of Peace, Art. 18 80th May, 1814.

Confirmed by Art. 11, of the Definitive Treaty of 20th November, 1815.

Act of Parliament, 5 Geo. IV., o. 61 1824.

Ejcplred Slat December, 183 i ; see Act 2 & 3 Wm. IV. o. 79.

Convention 4th April, 1857.

Not confirmed by Local Government of Newfoundland.

Decree (France) 4th April, 1857.

Belates to the above Convention.

Act of Parliament, G.B. 2 & 3 Wm. IV. c. 79 1832.

Expired Slst December, 1834.

So that in the history of British Imperial legislation in connection
with France in reference to the Newfoundland fisheries, there are now
only in force —

1. Treaty of Utrecht ... 1718.

2. Treaty of Paris 1763.

8. Treaty of Versailles 1783.

4. Definitive Treaty of Peace, Art. XIII. 1814.

and as all these are very brief we propose to give them in their order.

(1)

Tbeaty op Uteecht.

" Treaty of peace and friendship between Great Britain and France,
signed at Utrecht, 11th April, 1718.

Extract (Translation).

"XIII.* The Island called Newfoundland, with the adjacent Is-
lands, shall, from this time forward, belong of right wholly to Great
Britain; and to that end the town and fortress of Placentia, and what-
ever other places in the said Island are in the possession of the French
shall be yielded and given up within seven months from the exchange
of the ratifications of this Treaty, or sooner if possible, by the most
Christian King, to those who have a commission from the Queen of
Great Britain for that purpose. Nor shall the most Chrutian King, his
heirs, and successors, or any of their subjects, at any time hereafter lay

* Kenowed by Art. V. of the Treaty of Paris, 1763.

Report on the Newfoundland Fishcinj Question.

claim to any riijhtto the&avl Islcnd and hlands, or to any part of it or
them.

" Moreover it shall not be lawfal for the subjects of France to fortify
any place in the said Island of Newfoundland, or to erect any buildings
there, besides stages made of boards, and huts necesaary and usual for
drying of fish ; or to resort to the said Island beyond the time necessary
for fishing and drying of fish. But it shall be allowed to the subjects of
France to catch fish and to dry them on land, in that part only and in
no other besides that, of the said Island of Newfoundland, tohich
stretches from the place called Bonaviata to the Northern point of the
said Island, and from thence running down by the western side, reaches
as far as the place called Point Riohe.* But the Island called Cape
Breton, and also all others, both in the mouth of the river St. Law-
rence, and in the gnlf of tue same name, shall hereafter belong of right
to the French ; and the most Christian king shall have all manner of
liberty to fortify any place or places there.

"Done at Utrecht, the llth April, 1718.

"(Signed)
" John Beistol, C.P. (L.S.)
" Stratford (L.S.)

(2)
Treaty of Paris.
•' Definitive Treaty between Great Britain and France (and Spain),
signed at Paris, the 10th February, 1763.

Extract (Translation). •

" V.f The subjects of France shall have the liberty of fishing and
drying on a part of the coasts of the Island of Newfoundland, such as
it is specified in Article Xtll. of the Treaty of Utrecht; which Article
is renewed and confirmed by the present Treaty (except what relates
to the Island of Cape Breton, as well as to the other islands and coasts
in the mouth and in the Gulf of St. Lawrence). And His Britannic
Majesty consents to leave to the subjects of the Most Christian King
the liberty of fishing in the G ulf of St. Lawrence, on condition that the
subjects of France do not exercise the said fishery but at the dis-
tance of three leagues from all the coasts belonging to Great Britain,
as well those of the Continent, as those of the Islands situated in the
said Gulf of St. Lawrence. And as to what relates to the fishery on
the coasts of the Island of Cape Breton out of the said Gulf, the
subjects of the Most Christian King shall not bo permitted f o exer-

HUXELLES (L.S.)
Mesnaoer (L.S.)."

* These boundaries are altered by the Treaty of 1783.
t Eenewed by Art. VI. of the Treaty of Versailles, 1783.

'f 1

6 Report on the Newfoundland Fithery Question.

ciso the said fishery bat at the distance of fiftoen leagues from
the coasts of the Island of Capo Breton ; and the fishery on the coasts
of Nova Scotia or Acadia, ond everywhere else oat of the said Gulf,
shall remain on the footing of former Treaties.

•» VI. The King of Great Britain cedes the tplands of St. Pierre
and Miquclon in full right to His Most Christian Majesty, to serve as
a shelter to the French fishermen ; nnd his siiid Most Christian Majesty
engages not to fortify the said Islands ; to erect uo buildings upon them,
but merely for the convenience of the fishery ; and to keep upon them
a guard of fifty men only for the police.

«' Done at Paris, the 10th February, 17C3.

'« (Signed) Ciioiseul, Duo i>b Prasun (L.S,JI

"Bedford, C.P.S. (L.S.) El. Mabq. Db Grimaldi (L.S.)"

(8)
Treaty of VERSATiiLES.

" Definitive Treaty between Great Britain and France. Signed at
Versoilles, 8rd September, 1788.-''

Extract (Translation as laid before Parliament).

" IV. His Majesty the King of Great Britain is maintained in his
right to the Island of Newfoundland, and to the adjacent Islands, as the
whole were assured to him by the Thirteenth Article of the Treaty of
Utrecht ; excepting the Islands of St. Pierre and Miquelon, which are
ceded in full right, by the present Treaty, to His Most Christian
Majesty.

•' V. His Majesty the Most Christian King, in order to prevent the
quarrels which have hitherto arisen between the two nations of England
and France, consents to renounce the right of fishing, which belongs
to him in virtue of the aforesaid Article of the Treaty of Utrecht, from
Cape Bonavista to Cape St. John, on the eastern coast of Newfound-
land, in fifty degrees north latitude ; and His Majesty the King of
Great Britain consents, on his part, that the fishery assigned to the
subjects of His Most Christian Majesty, beginning at the said Cape
St. John, passing to the north, and descending by the western coast of
the Island of Newfoundland, shall extend to the place called Cape
Baye, situated in forty-seven degrees fifty minutes latitude. The French
fiahenncn shall enjoy the fishery ivhich is assigned to them by the present
Article, as they had the right to enjoy that which was assigned to them
by the Treaty of Utrecht.

* lleuowed .>y Art. XIXI, of the Definitive Treaty of Peace, 1814.

Report on the Newfoundland Fishery Quettion. #

'« VI. With regard to tho fishery in the Golf of St. Lawrence, Ibo
French Hhall coutiuao to exercise it confoMnably to the Fifth Article
of the Treaty of Paris.

•• Done at Vorsaillos, the 8rd of September, 1788.
"(Signed)

" MANCHrjsTER (L.S.). Gravieii de Veroennes (L.S.),"

■ (4) '■ ■■■• •■

" Article XIII. of the Doflnitive Treaty of Peace, 1814.
'* Definitive Treaty between Groat Britain and France. Signed at

Paris, the 80th May, 1814.^=

" XIII. The French right of fishing upon the Groat Bank of New-

fonndland, upon the coasts of tho Island of that name, and of the

adjacent Islands in the Gulf of St. Lawrence, shall be replaced upon

tho footing in which it stood in 1702."

The Articles of these four Treaties are now the sole ba&is on which
France can found any legal ground to fishery rights on tho coast of
Newfoundland.

Now, what are those rights, as so curtly and graphically therein set
forth ?

The Article XIII. of the Definitive Treaty of Peace of 1814 states,
that it (the right of fishiiig upon the coasts of Nt ./foundland) "shall
be replaiod upon the footing in which it stood in 1792 " — that is, on
the footing, it derived under the three Treaties of Utrecht, Paris, and
Veraailles. It can stand upon no other, /or no other now exiuls; and if
any others ever have existed, giving any greater exten^iion oi privileges,
they have erpired or been annulled.

Firstly, — The last Treaty of Versailles, prior to 1792, after merely
changing the locality of the previous right, states with regard to
it : " The French fishermen shall enjoy the fishery riyht which is as-
siyned to them by the present Article, as they had the riyht to enjoy that
which ivas assiyned to them by the Treaty of Utrecht.'' Passing over
the Treaty of Paris (1768), which restricts and binds the rights of
French fishermen upon the coasts of Newfoundland to a far greater
extent than is now sought to be enforced against them, the language
of Article XIII. of the Treaty of Utrecht is not only sufficiently
plain to show that there never was any intention to give the French
the sole and exclusive right of fishing upon any part of the coast, aa
will appear from the words themselves, viz.: " It shall be alloived to the
subjects of France, to catch fish, and to dry them on land, in that part

* Confirmed by Art. XI. of the Definitive Treaty of 28th November, 1815,

10

Repoi't on the Newfoundland Fishery Question.

I

; If

; !i

only, and in no other besides, that, of the said Island of Newfoundland,
which stretches,^' &c., bnt oven goes so far as to state as if, from the fear
that Each a sole and exulnsive right might be claimed, " nor shall
the Mo9t Christian King, his heirs and successors, or any of their »>.ib-
jects, at any time hereafter lay claim *o any right to the said Island and
Islands, or to any part of it for them.''

Therein an exclusive or sovereign right to any port was distinctly
and expressly ignored and forbidden, whUe granting to the French only
a certain limited and permissive right to catch and dry fish.

Secondly, — It appears that custom has never given to the French
any soL^ or exclusive right of fishing upon a certain portion of the coast
of Newfoundland. On the contrary, in practice the British there have
ever exercised concurrent rights of fishing with the French.

Persistent in their exertions to obtain concessions from the British
Government, the French have construed the desire of England
for peace, as giving them a right which we contend has no legal
basis. By the bare fact of usurpation they are now claiming, and to a
certain extent exercising, a sovereign right over portions of an English
Colony which is totally incompatible with the dignity of tne British nation.

Among the best works upon that Colony, is a " History of its Govern-
ment, &c.," by John Reeves^ Esq., a former Chief Justice of Newfound-
land, published in Lcudun, 1793 ; and to show bow early after the
peace of Utrecht the French commenced their aggressive measures upon
the coast, and how steadfastly their unwarrantable claims have been
opposed, it is only necessary to refer to Mr. Reeves's book.

In Part II. page 53, Mr Reeves states : " At the peace of Utrecht
we were put into possession of Newfoundland in a way we had not
enjoyed it before for some years. Placentia, and all the parts occupied
by the French, were now ceded to the King of Great Britain, in full
sovereignty j the French retaining nothing viori than a liceme to come
and go during the fishing season."

Again, page 55 : " It had become a doubt whether that prtrt of the
Island, lately ceded by the French, was subject to the provisions of
Stat. 10 and 11 Will. III." (a Statute passed in the year 1698, intituled,
"An Act to encourage the trade to Newfoundland ") ** the point was
brought forward in consequence of the Lieutenant-Governor of the
garrison at Placentia, and some of the French planters having, on
leaving the place, disposed of their plantations for money, and in this
manner attempted to convey a right of property, &c. This natter was
brought before the Board of Trade, and their lordships were of opinion
that Stat. 10 and 11 Will. III. extended to the ceded lands, and that all
th^ beaches and plantations there ought to be left to the public use, and
be disposed of as directed by that Act ; " thus showing how strong

!t««

Report on the Newfoundland Fishery Question. 11

the right was agaiast any exclusive claim, and how clearly the puhlic
righi; to nse every portion of the coast of Newfoundland was recognised.

The same author continues, page 59 : " The parts that had been
surrendered by the French occasioned in various ways great cortest
and discontent. We have before seen that it was the opinion of the
Board that those parts all fell under the regulatiom of Stat. 10 and 11
Will. III. ; and this ^cal. confirmed by the opinion of the law officers."
And as further showing that concurrent rights were then exercised by
the British with the French, Mr. Beeves (page 92) states it to be a
matter of serious complaint on. the part of the merchants of Newfound-
land (1798) " that the French parts were not so open for fishing-ships to
get room as they should be."

The interests of Newfoundland seem to have been sadly neglected by
the Imperial Government, whereas, from the importance of its fisheries
as a nursery and training- school for British seamen, that Colony has
probably contributed more than any other of the same population to
the maritime strength and renown of England.

In a debate in the House of Commons, March 25th, 1828, Dr. Lush-
ington said : " There never had been a ColoDy so neglected as that of
Newfoundland :" and iu a subsequent debate, April, 1829, on the
Newfoundland Fisheries, Mr. Eobinson stated : " The truth was that
up to the present time the interests of the inhabitants of Newfoundland
had given way to the interests of private individuals in this country."

It seems unfair that such a hardy and gallant race should have to
struggle not only with the unjust discrimination of bounties paid by the
French and other foreign Governments, but also with the keenly
felt neglect of the mother country, to whom they naturally turn for
protection in those rights which by solemn Treaties she has assured
them. . -

; Anspach's " History of Newfoundland," published, London, 1827,
contains much valuable information relative to the Island and its Fisher-
ies ; but nowhere is the subject of the French concessions treated as
the absolute grant of a sole and exclusive right ; indeed, had it been so
then considered, the inhabitants of Newfoundland would have taken up
arms at once to resist the claim ; and Mr, Anspach throughout his able
history speaks of the fish-trade to Newfoundland being allowed to
France " under re»trictions," and of the strong feoliag against its being
BO allowed even " under restrictions."

A subsequent history of Newfoundland by the Rev. Charles Pedley,
published, London, 1863, deals minutely and conclusively with the
French claims to an exclusive right of fishery on any portion of the coast,
as unfounded in law and unsanctioned by treaty- The opinions of Mr.
Pedley are of great value from his residence in Newfoundland, and his

12 Report on, the Newfoundland Fishery Question.

laborions researches into the Ancient Records of the Colony since 1764,
placed at his disposal by Governor Bannerman. On page 48 Mr.
Pedley states : ** By the Treaty of Utrecht, Great Britain was solemnly
confirmed in the exclasive sovereignty of the entire territory ; but the
French were recognised as having the right of fishing concurrently with
the English along certain portions of the shore."

On page 105, speaking of Sir Hugh Palliser, the Governor of New-
foundland in 1764, as sent to devise and carry out the local rules neces-
sary to give eflfect to the Definitive Treaty of Paris, •' by establishing
on a practical basis the intercourse bet'<veen the subjects of two rival
nations having a concurrent right of fishing on the same coast," Mr.
Pedley states : " The instructions from the Governor were careful to
show that within those boundaries the French had no sr.perior rights or
privileges over the British fishermen; " and he quotes a portion of such
rules issued by Governor Palliser (June 19th, 1764), for the guidance
of the commanders of King's ships, Admirals, &c., ap follows : *' to take
the most exact and pai Licular care that the said subjects of France be
permitted and allowed in common with the King's subjects, to choose
their stations there during the fishery season."

The Act of 28 Geo. III. cap 35, which expired with the Treaty of
1783, was regarded by the authorities of France as having enlarged
their former privileges, and as having conferred on them an exclusive
right over the coasts and waters in question. Mr. Pedley states ths
(page 158) " to be a conclusion which has always been successfully
resisted by those entrusted with the charge of the British fisheries."
The reason for its being found necessary to pass the Act referred to
clearly appears in the 5th Clause of the Joint Address to Her Majesty
of the Legislative Council and House of Assembly of Newfoundland,
dated the 24th of April, 1872.-

The despatch No. t)7 of Governor Hamiltin, to his Grace the Duke
of Newcastle, dated 28th September, 1853, goes into the whole question,
and is a most excellent argumentative paper in defence of British rights
in Newfoundland. Upon this point Governor Hamilton states : —

* • Under that Treaty (Utrecht) the fishery was always concurrent. The
mode in which that fishery has been carried on concurrently by the two
nations is clearly evinced by the proclamations of Governors Palliser,t
Shuham,]: and Dufi',§ set out in the printed papers accompanying your
Grace's despatch,"

Governor Darling, also, in the enclosure with his despatch to Mr.
Labouchere, No. 66, July 23rd, 1856, states : —

--■#fe

• See Appendix, page 30, t Palliser, 19tli June, 1764 ; 27th July, 1765.
X Shuham, 24th June, 1772 ; 27th July, 1773. § Duflf, 7th July, 1776-

Report on the Newfoundland Fishery Question. 13

« Several proclamations of the Governors of Newfoundland, between
the years 17C3 and 1783, warniug British subjects against improper
interference with the French in the exercise of their rights, advert to
these rights as rights ' in common ' or * concurrent ' rights with those
of British subjects ; " end he also mentions the names of Governors
Falliser, Shnham, and Duff.

Lord Stanley, then Colonial Secretary, in his despatch to Governor
Sir John Harvey, No. 104, 29th July, 1843, acknowledges the concur-
rent rights of British subjects. The following is a portion of his lord*
ship's despatch : — .*■ \

• '« Sir, — I have the bono or to acknowledge the receipt of your des-
patch of the 11th of last No^; ember, relative to the claim of the French
to the exclusive right of fishing on those parts of the Island of New-
foundland, on which a right of fishing for, and curing cod, has been con-
ceded to French subject3 by treaty.

" Having referred this despatch for the consideration of the Earl of
Aberdeen, I have received two letters in answer, dated 28th of February,
and the 19th of this month, which convey his lordship's opinion, that
Great Britain is bound to permit the subjects of France to fish during
the season, in the districts .specified by the Treaty and Declaration of
1783, free from any inteiTuption on the part of British subjects ; but if
there be room in these districts foi the fishermen of both nations to fish,
without interfering with each other, this country is not bound to prevent
her subjects from fishing there."

Had Lords Aberdeen and Stanley understood the French to possess
the exclmive right of fishing on the coast referred to, no question
as to ** room " could give the British any right to fish there ; but
the principle is the same in fishing as in the erection of fishing estab-
lishments, neither must be done so as to interrupt the French, and if
80 proved on complaint to have been done, both must be removed by the
British Government or authorities, but not by the French ; for the
Declaration states : —

."For this purpose," namely, to prevent British subjects fi'om in-
terrupting the fishery of the French, "His Britannic Majesty will
cause the fixed settlements which shall be formed to be removed."
The provision which secured the French fishermen from interruption,
was not intended to limit the natural right of fishing possessed by
British subjects. The object was merely to prevent them from depriving
the French of the concurrent right of fishing ceded to them by treaty.

Now it must Jirst, under the Declaration on which the French base
the claim to an exclusive right, be proved to the satisfaction of His
Britannic Majesty that such fishery of British subjects and the fixed
settlements which they may form there (where the French are allowed

14 Report on the Newfoundland Fishery Question.

to fish) do interrupt the French fishery, before they can be removed, and
then, His Britannic Majesty, or the British authority, not the French,
is the only power entitled to remove them. But the French now
usurp a territorial sovereignty on the soil of a British Colony, take the
law into their own hands, and destroy British property.

This system cannot last much longer. It is the British, not the French,
who have cause to complain of violation of their rights. The Assem-
bly of Newfoundland is overwhelmed with petitions from poor fisher-
men who have had their sole property destroyed by the unwarrantable
action of the French cruisers, to which the reports of British naval
officers bear testimony. Among others, those of Captain Hoskins, of
H.M.S. Eclipse, and of Commander Knowles, of H. M.S. Lapwing, may
be found in the Newfoundland •' Journal of Assembly " for 1878, pages
708 to 739.

Commander Knowles writes : — ^ * ^

" The French prohibit the English the use of cod seines, salmon, and
herring nets, and bultows (all of which engines they themselves use) ;
the English are therefore restricted to the use of the hook and line and
jigger alone.

** During my second cruise in September, 1872, I found that the
French naval officers were taking more active measures to prevent the
inhabitants encroaching on their rights, having made several seizures of
nets, and cutting moorings, &c.," of English vessels, " even in places
where their own people were not actually Jishing."

Captain Hoskins reports (page 738) under date October 9th, 1872 : —

" In the earlier part of my report I have alluded to the good sense
and good feeling usually shown by the French naval officers charged
with the protection of their fisheries in dealing with our people settled
on the French shore, and their readiness to meet us half way in pre-
venting the unparalleled state of affairs created there by the treaties,
firom resulting in national animosities and acts of violence.

" I must regret that the commander of the Diamant has thought fit
to depart from this wise course, and to make a raid on the nets of our
fishermen throughout, as far as I can learn, the whole of the French
shore, without asking for the intervention of one of our vessels, and
without (in many cases certainly) any warning or notice having been
given to the sufferers.

" Each such departure from the conciliatoiy policy hitherto pursued
must accelerate the inevitable crisis, and if, as appears probable, the
French having put a construction on the treaties at variance with the
wording, and entirely in their own favour, are preparing to enforce their
claims in their own way and without consulting us, that crisis cannot be
far ofiV

*

I

Report on the Newfoundland Fishery Question. 15

I, and
rench,
now
ke the

rench,
A-Bsem-
fisher-
antable
naval
kins, of
ng, may
), pages

Don, and

■es use) ;
line and

that the
Bvent the
eizures of

in places

, 1872 :—
ood sense
rs charged
iple settled
vay in pre-
le treaties,

thought fit
aets of onr
the French
vessels, and
laving been

jrto pursued
robable, the
ice with the
enforce their
sis cannot be

It seems to be a most anomalous state of things that the citizens of
the United States should fish on that coast without interruption from
the French, and that the natives of the soil should alone be exposed to
such high-handed treatment aad precluded from the exercise of their
natural rights.

Before closing this division of the report, it would be well to call
attention in & special manner to the fact that the Treaty of Utrecht
gave to the French a concurrent right only of fishing at the islands of
St, Pierre and Miquelon ; that subsequently those islands were con-
veyed in fall right to the French, subject to conditions. Now if it had
been intended to convey to them an exclusive right of fishing on the whole
of the so-called French shore, suitable language would undoubtedly
at that time have been used to convey such meaning.

Thirdly, — It is strong evidence in favour of the right of the British to
enjoy with the French the fisheries in Newfoundland, that a continuous
struggle has been made to resist the exclusive claims of the latter ever
since they were put forth ; and we now propose to devote a portion of the
remainder of this report to a brief history of such struggles as shown
by the Parliamentary debates, first premising that it is mostly
due to the laxity of tha British Imperial Government in not enforcing
its treaty stipulations with France, that the latter has been em-
boldened step by step to put forth unjustifiable pretensions, until
she has reached the length of assuming virtual sovereignty over
British soil.

In the House of Commons June 5th, 1884, Mr. George Bobinson
directed attention to the question " whether France by the terms of the
Treaty of Utrecht (for no others were important) had an exclusive right
to that fishery, or only in participation with this country ; " adding in
the course of his speech, " For his part, he was convinced that there
was not a word in the treaties which conveyed to France the exclusive
right of fishing on the coast in question. Not only had they no right
of exclusive possession of the fishery, but the French were prohibited
from remaining permanently on the coast; and it was provided that
they should go from France to the fishery, and at the end of the season
return to France. On what grounds, therefore, the assumption rested

he did not know."

On behalf of the Government, Mr. Poulett Thomson (afterwards
Lord Sydenham) replied : —

"The House was probably aware that this subject had been under
the consideration of successive Governments in this country since
1783 .... and he recommended the hon. member (Mr. Robinson) to
withdraw his motion, assuring him that attention should be paid
to it."

jg Report on *« W«»-'

"J'*'°t May 1885, ^■^''Tl^^T^^^nent fishery 'l^^.

Again, in "**J, * - nrltisli subjects lo » *< French snore,

,dt'« to tie »8"«;J.f„^ia, eo^monly "^^'^^^ cl-truction put

p„l of tho coast ot New ^^^^.^^ „„^ ° V V,»noe in 181»' »"*'

Usta^^'^VTttobotwVEBgtaa a«4 J'»°j ^^e Qoveru-

tW»»l?»«7;™„ertothepo»o»8J"g»8e4' „d ho

»\;ter retotatiou «»^»^^rS>o „j.^. tl.on^^»^1.p„togto,J,
Iteh ot Mt. James °'»™„LffightHoi.omaUo8JJon ^ j„ ,,e

Colomal Secre^ f 8^!t'j„^i of AssemMj. of N
found (page W^) ' ^^ .pUy states •.--

18". , „f *ata6»P»tel>'*-^ !,?.tloji*lstfoAidd»>g»«

1„ Seotto i «{*»»» declaration m 'P^'^^&l or to inj»« t^'
.. The vetj termB f i^^" ^ ^^^ '"'"''''"r'nd the «holo ciMS-

Government to ine

Report on the Neiofoundland Fishery Question. 17

of
jm

[Wy

tion
that
>re;
a put
and,
jvern-
as to
md lie
BritiBh
aonctii-
He pto-
Frencb
te&nitely
elves tbe
, had no
ecbt, and

ay defiiute

an excln-
jlatation—

c of 1'7P5-
a ^itb the
eat Britain
till in force,

an the defl-

theGo^e"^'
pacldngton,

2, and to be
foundland for

states :—
I forbidding t^e

to injure the
^te^boleqties-
,epattofot«

the Trea*^ of

1818, of tbe same rights which had been conceded to the French in
that of 1783."

But for conclusive proof of the utter invalidity of these French claims,
we come to a period ia their discussion under an authority which ought
to settle the question. We refer to the note of Lord Palmerston,
July 10th, 1888, to Count Sebastiani, the French Ambassador, of which
the following extract is copied from the '* Journal of Assembly," of
Newfoundland, for 1857. His Lordship says : —

" I now proceed to answer that part of your Excellency's note which
relates to the conflicting opinions that are entertained as to the true in-
terpretation of the Declaration annexed to the Treaty of September 3rd,
1783. and in which your Excellency urges the British Government to
disavow the claim of the British subjects to a right of fishery upon the
coasts in question " (Newfoundland) " concurrent with the rights of. the
subjects of France.

*' And in the first place, I beg to observe that it does not appear to
the British Government, that either your Excellency's representation, or
that of your predecessor, has shown that any specific grievance has
been sustained by French subjects, in consequence of the doubts which
are said to be entertained upon this question, so as to prove that there
is any pressing necessity for the call which the French Government
makes in this respect upon that of Great Britain.

" But the British Government is, nevertheless, willing to enter into
an amicable examination of the matter, with a view to set those doubts at
rest, although it is my duty to say that the British Government are not
prepared, according to the view which they at present take of the
matter, to concede the point in question.

" The nght of fishery on the coast of Newfoundland was assigned to
[French subjects by the King of Great Britain in the Treaty of Peace
^!of 1783, to be enjoyed by them by the Treaty of Utrecht.

But the right assigned to French subjects by the Treaty of Utrecht
fwas ' to catch fish and to dry them on land,' within the district described
'%x the said Treaty, subject to the condition not ' to erect any buildings '
iipon the island ' besides stages made of boards, and huts necessary
id usual for drying of fish,' and not to " resort to the said island
Byond the time necessary for fishing and drying of fish.'

" A Declaration annexed to the Treaty of 1783, by which the right

signed to French subjects was renewed, contains an engagement that
in order that the fishermen of the two nations may not give a cause
||r daily quarrels, His Britannic Mt^esty would take the most positive
l^Basures for preventing his subjects from interrupting, in any manner,
1^ their competition, the fishery of the French during the temporary
4|ttrcise of it, which was granted to them,' and that His Majesty would

'\

n

\

.. A counter declaration states ^^^^^ ^^,. ^ ^^

.. In order, therefore, *« «° ^^ with reference to ws ^^^

, aetually .tood m 1792. ^^j , Ta* emment now de-

order to eUow * J^Xation ot 1783, « *« ^^ Ded«'»"»'' '"'

«" *°f"\T:lDe^. »«»»»"'•'' *Ti!rfes must have been
„a, gben to that Declara ^j j^, y^Hies ^^^^

framed ; and when the «»' .^.j {„, this pntpo'e t" PtoT 4

U known. Y»« ^; ^ot 1,88, French -^-^^^tZ off the
tie conctoon f^^'J ^^i,^ right to cateh fi^^^j,,^ j »joyment
upon enjoyment of an e^ ._^ ^^^ ' ,°rf o,e war in 1792.

eLt in qnestion ; «»4^:i;,/the eommeneement of *» « ^^^ .^^..i
of the exerc«e "t «^8 ia, been produced- ^ ^^^^^^j
But no evidence to sucb « contended hj ^f j^^t

!:er^dby r^^XTl^Z ;« E«e«-y ^-^>J «^_ :„ ^^
in his note of 183i, x ^ ^king oat of the wa ^^^^

Vrench subjects --> ^^^^^^^^ ; and. xnoreoveM ^^ ^ ,^,
.Bjoyment of snch an e^^ ^^^^^.^ ^r aamitted hy ^

that such right ^vas c^*^!^®^ ^ ^, ^t the peace of 18U. ^

tmmatlon of the .- in 180 , o^^^^^^ ^^ ^t^lTcoL^^" - the
«. It is true that the pnv" 8 privUege ^*^^°f /° ,, ^ purpose

,,0 tat, and !>-— .t^; of'*-— t^r^lSTn-
poriodioal nse »« » I"' "i, ractice been treated bj the B ^^^

'of ary»g*^^2t l^btLring the ^'l^f 't::; H wonld scarcel,
,„ent as an ^J-^^'^^^ from the natar. f^'l^^ a., ,^. part of
limits P«»°">'°* '-Sshermen to dry their flsb np™ y^^ j^m-

"» !»'* '^ ftX' h fishem- r«J°''V^t^„-. »* «•*""'
0,8 shore with the ire j^^ j^, »""^? ™„«nt has never

P»»^ rX^P-t-rs' But tije Bn«*^f :^ra^p,i,e the
French cod-fisnery , »

Report on the New/uundland Fishery Question, 19

ght • oi
whicb it

Ical f*ctB.
?83; ^^

sessary, tn
it now 4e-
ition ^tic^
aration was
tave ^Jeen
e that, upoo
aally entered
,ater. off the
ad enjoyment
,.ar in 1792.
is not indeed
^ce Talleyrand,
ly refers, that
B 1792, in the
ioes not appear
England at the

,Q of France by
consists m the
for the pnrpose
J British Govem-

and within the
J it ^ould scarcely
1 the same part of

Bg ..ith the tem-
/ose. and without

emmeiit has never
ject to deprive the
Uch in taking fi8h

It interrupting the
ith the true spirit ot

the Treaty and declaration of 1788, prohibitory proclamations have been
from titno to time issued, on occasions when it has been found that
British subjects, while fishing within the limits in question, have caused
interruption to the French fishery, yet in none of the public documents
of the British Government, neither in the Act of Parliament of 1788,
passed for the express purpose of can'ying the Treaty of 1783 into
effect ; nor in any subsequent Act of Parliament relating to the New-
foundland fisheiy ; nor in any of the instructions issued by the Admiralty
or the Colonial Ofiice ; nor in any proclamation which has come under
my view, issued by the Governor of Newfoundland, or by the British
Admiral upon the station: does it appear that the right of French
subjects to &^ exclusive fishery, either of cod-fish, or of fish generally,
is specifically recognised.

** In addition to the facts above stated, I will observe to your Excel-
lency, in conclusion, that if the rigiit conceded to the French by the
Declaration of 1783 had been intended to be exclusive within the pre-
scribed district, the terms used for defining such right would assuredly
have been more ample and specific than they are found to be in that
document ; for in no other similar instrument which has ever come under
the knowledge of the British Government is so important a concession
«s an exclusive privilege of this description accorded in terms so loose
and indefinite. (Signed) Palmerston.

•' To His Excellency Count Sebastiani."

This dispatch of pord Palmerston might have been considered
conclusive on the question.

In May, 1857, upon a question put by Sir John Packington in the
House of Commons as regards the then proposed Convention between-
Her Majesty and the Emperor of the French upon the subject of
the Newfoundland fisheries, Mr. Labonehere, Secretary f( the
Colonies, stated: —

*' The right hon. gentleman was aware that questions of a very
complicated and embarrassing nature had arisen between the Govern-
ment of England and France with regard to fishery rights of the latter
in the waters of Newfoundland, and that these questions arose out of
Treaties. The two Governments had for several years attempted to
[arrive by negotiation at a satisfactory solution of the questions, and the
[Government of this country had also been in constant communication
rith the Colonial authorities upon the point ; but unfortunately those
^communications and negotiations had never led to any satisfactory
^sult. At length an attempt had been made by Her Majesty's Govern-
ment to arrive at a termination of the difiiculty by taking another
nioarse ; and having had all the facts before them, they had thought the

b2

The above ConvenUon voma ^^^^^^^^ ,^ , 7 ^aW to fisl^

8 . jobu to K»*„^7*,':rjtod, -*««' ""tin i« -t"^ "»• *"'

in aueslion- „t „Uoh Mt. rho'»»»> ». . j „a C.ptam

Jndtod, was »»»"«, . P^_^^^ ^^^^^,„t. .u ,.m

. Fabvte, on the P«t "^ g,„t^ „„ the

settle the qt.e»t.on.^^_ „d the Hon. » ^^^ ^ j,

to 1859 C»P'»» f ^ J^n Montaignae de ^^.^-i^'^^'T
. part of Engto*. »»* ;j'^,»noe. «t« sent »» J/^ „,te reports to
Uooau,on*ePf^^^ ,„estioue and -Me e^pa^ ^^„ ^, ,^

tigate and report «» j^ having g»»^'5^„|„nee thereto, on a

their reepecUve Govero j „rtance. to J"*^ ^^ f„. Foreign

P""*" '«:«.!*« ^'"''"'nrCl.^Bel. Lord John
question put bj m (,„„,^on8, 12tU ma.

Itos, i>'*».^''°'° ,, 4 fisheries made their report

BusseU rephed .- Newtonndland fl»»^"°^ ,o,.t^n Dnnlop,

. .> The Commissio""" March, ^ggo, a gentleman (O^ ^^e^t

,„ Mgnst, 1859. »^°X: a vie. to his -mmg t-om ^

difference prevailed.

g to ft

vaa to
ication
in that
Aed by

e result
idopt it»

1, for it
nd>

t to fish
jtipttlated
, the said
or boats

, cnt wood
from Cape
ed, for the
upier." tt
awn up, tiie
on the shore

iantofNew-
and Captain
attempted to

ient, on the
;e and M. de
Hand to inves-
ite reports to
upon all the
a thereto, on a,
ate for Foreign
il, Lord John

ftde their report
3aptton Dunlop,
^Q arrangement

stayed in ^^f
government x^hich
,ts npon^bich a
>vemment made a

Report on the Newfoundland Fishery Question. 21

proposition to the French Government in regard to those two snlvjoctfl,
and they have not yet received an answer."

But probably, for the reasons given before by Mr. Itobinson,
the French interest in keeping the question indefinitely postponed, no
settlement was arrived at.

We beg in conclusion to advert briefly to the second class or head-
ing into which this question has resolved itself; a claim on the part
of the French to prevent the inhabitants of Newfoundland from any
occupation of laud within the disputed district for mining, agricul-
tural, or other purposes ; in fact, a claim to virtual territorial sove-
reignty of a great porHon of the coast of Newfoundland.

In the House of Lords, May 22nd, 1868, Lord Houghton, on rising
to present a Petition from the House of Assembly of Newroundland,
praying that the restiictions with regard to grants of land on the
so-called French coast, imposed on them by Her Majesty's Secretary of
State for the Colonies in a despatch dated 7th of December, 1806, may
be removed, said : —

" That, as the Petition proceeded from so important a body as the
Oolonial Legislature, he felt it proper to accompany its presentation
with a few remarks."

The Petitioners stated that : —

" Your Petitioners desire to bring under the consideration of your
most honourable House a grievance to which your Petitioners in this
island are now subjected. Her Majesty the Queen has the territorial
dominion over the island of Newfoundland and its dependencies, and, as
a consequence, Her Majesty's Government of this Colony has the autho-
rity to issue grants within the island for mining, agricultural, and other
purposes.

" This right was never questioned until the year 1866, when, by a
despatch from the Bight Honourable the Earl of Oarnarvcn, Secretary
of State for the Colonies, to His Excellency Governor Musgrave, bear-
ing date the 7th day of December, 1866, the issue of grants of land in
that part of this island cftlled the ' French shore ' was pi'ohibited.

" The French shore referred to in the said despatch includes at
least one half of the territory of Newfoundland, and the restriction thus
placed upon the Local Government is in effect a denial of the exercise
of those rights which your Petitioners most humbly submit belong to
the British Crown, and therefore to their enjoyment by Her Majesty's
subjects in this island.

" Believing that the Government of this Colony has a clear right to
; issue grants for mining or other purposes, the Legislature, on the 9th
■day of April, 1867, in reply to the sp'i despatch, passed certain resoiu-
Moua and addresses declaratory of auch rights, and transmitted the

I\

.. The restrictwu com territorial doin^'^^°°' ^^^^ral

,. „ »>,a exorciae ot urii«" iftkinff advantage oi

preventiug the o^^ - ^lie power of taKing

U Majesty's Bubje<^« ,^ J^ ^.^^^, ^he ««*^i ^'7*'^., ui«nd U such
,„d other resources whvcb e ^^ ^^^ P«°PVibeeu received to the

. The importance of h^^^^^^^^

t,,t your "e.^^^^^ ^^ ^^^iTJ'lm;^:! Oover^m^t to

lemonstrance o^^J^ ^^^en by the ^°»^ ^^e v^ithm the

informed, "^/tld i^ght of the BrHish Cn.w«,^^^^^^^^

assert the ^^^^^^^^^Jf fleets in this Island the mi

reach of Her Majesty sj^3^.^^.^ ^,^ ^,,, Tt^tland. though emW-

tural resources ^vhich e^ legislature of this Isi . ^^^^^,^i

. For some years pasy^ . • from the a ey fbt

massed by ^r'^^^tpS-. have voted larg^^^^^^^^^^

tbe purpose of o^t^^^^eleBS if t^at portion of

to a groat extent, be ^^^.^^t,. ^^^ tonouraWe

from the use of Her ^s J ^^^ ^^^y that your ^^^^^ ^^^

^T^our Petitioners therefore .^toth^^

House v.iU be P^^-^.^r B^ ^0--^ ^^^^^^^^^^^ in a posi-
rirtotTmo-a. so as to P^-J^; ^^^^^^^ to your Petitioners

thriX"^^'*^ "!t;"rem.As Lord Ho»g"»» "^^tMri"" ' """"*
In th. course of b.» lem. ^_^_^^j '""'^"f !»a^ a"* "» »*"

.,Th6Colon«at""'°[7'' oiade on that coast » „r,

• p„pJo«s.el«oment»^^^:;Ven>. ^' 'l-rrsU-otEBgUA
ItUt «- »'« rstne S«y or forty ""-""^^lietj BneV" .s

srrt:;' ^x^ro^r^r.':-^^^

.rii or onforeomout ^^^^

overeign." . j ,„oh » state of things ^^^ „,,

It appears stran^ tha^^^^,^^_ g u^ o^

Report on the Neaj'uundland Fishery {^ueation. 28

lency
ition-

fecl oC
priving

is Bucb
jdlothe

ners are
»inent to
itbin the

jh embft'"'
prevalent

money fot .
\»hich will*
,e witbheld

honourable

bo cause the
Carnarvon's

,nt in a posi-
X Petitioners

lince; several
Bud no otter
moment a very
ionsofEnglisb
ociety snob as
p ^ere equatters
punisbment of
,8 it were no

lonld exist after
State for tbe
ommons upon a
,rcb lOtb, 1859

clearly secured to
rrilory"

The Hon. Mr. Little, then Attomey-Qeneral oi' Newfoundland, under
date 14th September, 1872, writes : —

" Earl Kimberley, in his letter to the Under*Secretary of State, bear*
ing date the 26th of June, 1872, fairly and plainly states ' that the
territory (so culled French shore) without doubt helonys to Her Majesty,'
consequently I respectfully submit that Her Majesty has the undoubted
right of directing the management and government of that territory in
such manner as Her Majesty may deem most conducive to the intnrests
of Her subjects resident there." (

Referring to Lord Kimberley's Despatch,"' Nu. 42, to Governor
Hill, dated Gih of August, 1878, his^. Lordship states (Sec. 6) that
"in May, 1872, an address from< the Legislative Bodies" (of
Newfoundland) ' was presented to Her Majesty, praying for the
removal of restiictions affeetiug the territorial rights of the people of
the Island."

This joint address from the Legislatire Council and House of
Assembly of Newfoundland is so emphatic in its respectfully earnest
appeal for the acknowledgment of an undoubted right, that wo recommend
its careful perusal as given in full in the Appendix.

In the concluding section (No. 9) of the same Despatch, his Loiaship
sfates : —

"It appears to Her Mnjesty's Government that the suggestions
contained in the Report of the Joint Committee of both Houses,
which was transmitted in Governor Musgrave's despatch of the 29th
of April, 1867, will afford a reasonable ba^is for the negotiations which
are now to be resumed ; but before proceeding further, they desire to
learn the views of the Colonial Government, and I have to request you
to bring this despatch under the notice of your Ministers, and to report
to me at an early opportunity whether they have any objection to the
coarse proposed."

In accordance with this request, a series of Joint Resolutions from
both Houses of Newfoundland were passed on the 28rd of April, 1874,
stating in preamble, "That, with the view of terminating the long-
pending contentions that have arisen respecting the rights of both
nations under the Treaties, it is expedient that negotiations should be
resumed for that purpose on the basis of the said report (1867) as
suggested in the said (Lord Kimberley's) Despatch." This report, with
some amendments, is given in full in the Appendix, page 82, to which
we beg to refer.

These Resolutions are now believed to form the basia of negotiations
between the English and French Governments in regard to the settle-

* Se« Appendix, page 25.

le tod given not.ce » '"^"^"^yerf had been, and *» ««^ ™

^ Sii' Jobn Hay replied ne ^^ ^^ ^^^^ object was

at nf his honourable mena, ^^

request ot ms ^^ question. -»^ ^^per

of sovereignty withunwomio

14.

lit

JReport on the New/otrndUund Fiihury QmiiAon. 29

APPENDIX.

I temper
iried for
expected
J impera-

80 that
ashing in
J of their
iy affected
, its right

iimolate^

It may be added, by way of Appendix, that the valixd of the products of
the Newfoundland Fisheries, as furnished from Custom House returps for
1874, was 8,600,960 dols., equal to £2,127,490 Newfoundland cunenoy ;
that the shipping employed therein amounts to 60,406 tons, that the
number of persons engaged in said fisheries was 48,200, and the capital
invested £1,840,000 steriing. << Besides " (as Lord Houghton stated in
his speech referred to), " its value as a fishing station, there had been dis-
covered large copper mines, mountains of statuary marble and mineral
wealth, and also, more lately, the existence of petroleum in large quantities
— all of which, if these restrictions on the grants of land were continued,
would be excluded from the profitable enjoyment of the Colony."

The following documents bearing further on the question are also
appended : —

Lord Eoibeblet lo Goyebkob Hill.

Newfoundland. No. 42.

Downing Streett Qih August^ 1878.

Snt, — ^Wfth reference to previous correspondence, I have the honour
to transmit to yon a copy of a letter from the Foreign Office covering a
copy of a despatch from Her Mtgesty's Ambassador at Paris, and of a
note from the Due de Broglie, expressing the readiness of tbe French
Government to resume negotiations respecting the Newfoundland
Fisheries, and proposing that the two Governments should be repre-
sented by Special Commissioners.

2. Her Majesty's Government cannot doubl that this announcement
will be received with satisfaction by your Ministers and the Colonists
generally, as representations on this subject have been repeatedly made
to them by the Newfoundland Govenuc3nt and Legislature since the
former negotiations were broken off.

8. la. 1866 the Executive Council, by a minute, which was transmit-
ted in the Governor's despatch of the 11th June, urged upon him the
propriety of re-opening correspondence with Her Majesty's Govern-
ment upon the question connected with the exercise of territorial rights

\ I

88 Report o* ». ^' J ^^^ ^^^,.,

the 1^8'»'f '" 3^'^lUoBS being stated »8 tie b»8..
GoTStnmeEt, cet.iJi prop

MgotintioM- , . ipoj, uttd in March, 1870 »>»

4. The «.bject «» .g»i? ««»»*Cl'' w spre.ented totheGo«rn...
UJretsto the w-ealled "FrenehShow wa P .„„

^L^Vf r":;Tet;te"oZ^-t, of 0«atBrita»
„der the conndeiauon of the I P

.nd France. „ ,, , . ..me of the Newfonndhina

r^s ^i: the I-ef ^jjr^S .be -ritorial righu of the
ing for the removal ot reswio

J^l^-^^^i:tir.^C-^- eo.aUed"F«nch
lLl^.!hSS^:Ue.be.din.te. ^^^_^^,^„,^ ,.

7 Thev regret that toPe^T ''^Werritorv, and thatthe develop.
.iXo?alargep««»;^^;^>^,rSny.wh.hareb.^^
,.♦ nf the mineral and other resowoe ^ .^.called " French Shore,

should he delayed by the ^'^'fj^^^.^^.y, settler, to the seaboard
Tto ftee access on the P»-^ "^^^ "Us near that Shore has W-
The fact that the popt.lat.on of cer^n pl^ ^^^ ^^^^y,^,^,

rM increasing, makes . on ttos acco ^^^^^^ ^^^ „««

"'™ at a definite -B'eoment jth the F«n^^^^^^^^^ y.^, tnt
to nrevent the recurrence ot e"'™™' "^ j,,,,, officers of the respec-
trZ forbearance ^^^T'^l^^Z dl»'-es between the two
foe Governments, m.ghl lead to s

Governments. , , „ij jrfer to the com-

8. With respect to *»'» J^**' ^™ ;1 "sn •. and more espec«.Uy
plaints made in the years 1869, 1870 »d ^^ ,^ jg^^ ,

Jo the seizure and e°»fi»ef » V'A- ' t, - and to a collision wh ch
tl the property of f^ftrSg,: the announcement that the

Ll;rrdb;or'^X;:entt£o«.rsofhothao,ern.
ments.

s of
ncli
laoh

) an

was
ritam

dland
>vern-
72, an
pray-
of the

rations
to the
French

r of the
Jevelop-
jelieved
Shore,"
; French
eaboard.
has hefcw
nrable to
ith a view
hich, but
le respec-
in the two

the com-

especially

t, 1872, of

»ion which

it that the

claim of

has been

oth Govern-

Repoi-t on the Newfoundland Fishery Question. 27

9. The whole sabject has not been lost sight of by Her Majesty's
Government, who have from time to time been in oommnnication upon
it with the French Government ; bat for reasons which yoor Ministers
will understand, no favourable oppor^uuity has recently presented itself
for resuming negotiations. It appears to Her Majesty's Government
that the suggestions contained in tbe Beport of the Joint Committee of
both Housos, which was transmitted in Governor Musgrave's despatch
of the 29th April, 1867, will aflford a reasonable basis for the negotia-
tions which are now to be resumed ; but before proceeding further, they
desire to learn the views of the Colonial Government, and I have to re-
quest you to bring this despatch under the notice of your Ministers,
and to report to me at an early opportunity whether they have any
objection to the course proposed.

I have, &c.

(Bigned) Kdibebley.
Governor Hill, C.B., &o. &c. &c.

Mr. E. Hammond to thk Under- Secbetaby of State, Colonul

Office.

Foreign Office, July lith, 1878.

Sib, — With reference to my letter of tbe 9th instant, and to previous
correspondence, I am directed by Earl Granville to transmit to you, ior
the Earl of Eomberly's consideration, a copy of a despatch from Her
Majesty's Ambassador at Paris, enclosing a copy of a note from the Duo
de Broglie expressing Ihe readiness of the French Government to resume
negotiations respecting the Newfoundland Fisheries, and suggesting the
appointment of a Special Commission with the object of settling the
questions at issue. I am, &c.

(Signed) Hammond.

The Undeb-Seobetaby of State, Colonial Office.

LoBD Lyons to Eabl Gbanville.

Palis. June 12th, 1878.

My Lobd, — With reference to my despatch, No. 629, of the 2nd
instant, and to your Lordship's, No. 817, of the 9th instant, I have the
honour to enclose a copy of a note dated also the 9th instant, which I
received last night from the Due de Broglie.

!l

M

Report ou the Newfownd^and FUhet-y Question.

It expresses the wiUingness of the French GoTemment to resume nego-
tiations respeeCing the Newfoandland Fisheries, and proposes that Uie
tivo Gav3niments ahoold m represented by Special Commissioaen.

I have^ &o.

(Signed) Lyons.
The Earl Gbamtille, E.G., &o. Ac. &o.

^r

The Duke de Bboglie to Lobd Lyons.

Versailles, July 9th, 1878.

Ambassador, — In recent circumstances your Excellency has shown
the advantages that an understanding on the question of the Newfound-
land fisheries would initiate for Frcnoe and England ; and you added
that the Government of Her Britannic Majesty was prepared to ent&r
upon the subject in amicable discussion with us.

I hasten to acquaint you that the French Government, who desires
equally to see abolished a state of affairs of which the disadvantages are
not disputed, are quite disposed to renew negotiations, and to ad6pt
measures to arrive at a conclusion so desirable in their eyes.

The Cabinet of London will judge, I hope, that the best course to
follow in order to facilitate a solution is to entrust, as in preceding cir-
cumstances, to Special Commissioners the duty to represent the respec-
tive interests ; and I will be thankful to your Excellency to be good
enough to acquaint me if it accepts this proposition.

Accept, &c. &o.

(Signed) Bboglie.

His Excellency Lord Ltonb, &e. &o. &o.

^ ^

Lord Eimbeblet to Govebnob Hili;..

Newfoundland. No. 57.

Downing Street, October Gth, 1873.

Sib,— I have the honour to acknowledge your despatch. No. 79, of the
4th ultimo, transmitting certain Besolutions adopted at a meeting of
your Executive Council upon the subject of the rights of Fishery claimed
by the French Govermeut under Treaty, on that part of the coast of
Newfoundland commonly called the French Shore.

Report on the NewfoundUmd. Fishery Question. 29

nd-
ded
iter

Her MiyeBty'fl Qovernment regrets to find that yonr Ministers are not
prepared to adopt, as a rea8oniU)le basis for negotiations with the Freneh
Govemment, the saggestions contained in the report of the Joint Com-
mittee of both Houses ; but they regret still more the tone and langaaga
of these Besolutions. Her Majesty's Government are prepared to up-
hold the legitimate rights of British, subjects under the Treaty, but your
Ministers must be aware that the exact limits of those rights have been
in dispute for many years^ and a settlement of grave questions of thia
kind, which is so much to be desired in the interest of all parties, oan
only be obtained by mutual forbearance and concession, and not by
characterising the claims of the French Government as preposterous
and untenable, nor by assuming that the construction of the Treaty
adopted by the Colonial Govemmenii is not open to difference of opinion.

I have, &c.

(Signed) Eimbeblet.

Governor Hill, C.B., &t. &e. &c.

iires
jare
dopt

e to
cir-
pec-
good

Joint Address to Hep Majesty.

Journal of the Home of Assembly of Newfoundland for 1872, Page 178^.

Wednesday, 2ith April, 1872.

« The Hon. the Premier, from the Joint Committee of the Legisla-
tive Council and Assembly appointed ta prepare an address to Her
Most Gracious Majesty, praying Her Majesty to cause to be removed
the restrictions in connection with the French shore under which this
Colony so inconveniently labours, presented the Report, which he
handed in at the Clerk's table, where it was read as follows : —

l73.

lof the
Ing of

laimed
Last of

*^ To the Queen's Most ExeeUent Majesty,

Most Gbaoious Sovebeign, —

"We, Yonr Mf^es^'s loyal an^ luti^ servants, the Legislative
Council and House of Assembjiy of Newfoundland, beg most humbly to
approach the foot of the Throne and to state as follows : —

" 1. The preseut relations of British and French subjects resident
on that pc; tion of the coast of thiS' Island commonly designated the
French shore^ are of such a nature as to press iiyuridusly upon the

80

Report on the Newfoundland Fishery Qtiestion.

iaterests of British sabjects, and at the same time to endanger the
peace and harmony that should subsist between the sabjects of Great
Britain and France in the exercise of those rights secured to them re-
spectively by existing treaties.

«* 2. By the Thirteenth Article of the Treaty of Utrecht, * the Island
called New undland belongs of right to Great Britain,' but it is
' allowed to the subjects of France to catch fish and to dry them on
land,' within certain limits mentioned in that Treaty, while they are for-
bidden ' to erect any buildings there, besides stages made of boards,
and huts necessary and usual for drying fish, or to resort to the said
island beyond the time necessary for fishing and drying fish.'

«« 8. By the Fourth Article of the Treaty of Versailles, 1783, ' His
Majesty the King of Great Britain is maintained in his right to the
Island of Newfoundland,' as it was assured to him by the Thirteenth
Article of the Treaty of Utrecht, while the French fishermen shall
* enjoy the fishery which is assigned to them by the present Article as
they had a right to enjoy that which was assigned to them by the Treaty
of Utrecht.'

" 4. The only alterations effected by the Treaty of Yersail^ i, as
regards the fishery rights assigned to the French by the former Treaty
of Utrecht, were —

" First, — An exchange of the line of coast from Cape Bonavista to
Point Biche for that extending from Gape St. John to the northernmost
point of the island, and thence southward to Cape Bay, which, in point
of fishery privileges, was a greatly increased concession to the French.

*' And, secondly, — The Islands of St. Pierre and Miquelon were
ceded in full right to France, subject to the modifications in His
Majesty's Declaration accompanying the Treaty. With these exceptions
the Treaty of Utrecht forms the basis of our territorial and fishery
rights.

" 5. There are certain portions of the strand which the French
have during peace continuously occupied, but which in time of war were
taken possession of and occupied by British settlers, who refused to
surrender them on the restoration of peace ; and in order to carry out
the terms of the Treaties, it was found necessary to pass the Act of
His Majesty 28th George HI., cap. 85, to enable His Majesty to remove
them, which Act was never put in force for any other purpose. The
last time it was put in operation, was at the termination of the war
in 1814, in compliance with the reoiuirements of the Treaty of Paris.
There were at the same time other portions of the strand in like manner
permanently occupied by British subjects, and have continued to be sq

A, K

1 I

"^^ppwpr

A

<<

Report on the Newfoundland Fishery Queetion, 81

to the present time. There is no desire, nor have any attempts been
made, to dispossess the French of the premises occupied by them. On
the contrary, British subjects have been employed to take care of them,,
and are still so employed during the absence of the French in winter,
and it rarely happens that any such property is injured or molested.

" 6. On some occasions disputes between British and French
fishermen have occurred during the exercise of their rights, and thus
serious collisions have happened. In order to prevent such collisions
the Governors of Newfoundland had from time to time appointed magis-
trates on that shore for the preservation of law and order ; but from
the departure of Sir J. Gaspard Le Marchant, about the year 1852,
succeeding Governors have been restricted in making any such
appointments.

"7. The population of that portion of the Island has been of late
years, and is still, greatly on tb<) increase ; but such now is the anoma-
lous, inconvenient, and unsatisfactory state of things arising from the
absence of any recognised jurisdiction or established system of law and
order, that life and property are rendered insecure, and collisions of the
gravest character occur, not only among the British settlers themselves,
but also between them and the French fishermen.

*

"8. It was not until the year 1866 that any restrictions were placed .
on the exercise of our territorial rights, and the limits from the coast
inwards subsequently prescribed were, from the nature of the case, in-
operative and in fact nugatory, inasmuch as the British population for
the greater part were, and still are, actually resident within those limits
in the prosecution of their fisheries.

*' 9. The temporary right of the French to the nso of the land, as
may be seen by reference to the afore- mentioned Treaties, is imme-
diately upon the sea- coast, and rarely extends beyond a few hundred
yards inland. It is limited simply to the strand immediately bordering
npon the sea, and this only for the purpose of * curing and drying their
fish ' during the fishing season. In point of fact the French only
occupy a fractional part of the large extent of coast on which they are
permitted the right of fishing ; whereas British subjects are resident on
all parts of the coast where there is safe anchorage.

" 10. It is important to observe that this part of the coast embraces
by far the best portion of the Island for agrieultural, lumbermg, mining,
and other industrial pursuits. And were these restrictions to be con-
tinued, settlers would be deprived of the right of roadways, and of
water privileges whence to ship the produce of their industry to
market.

8d Report on the Newfoundland Fishery Qtieition.

"11. Another and most serlonsly prejudicial circumstance arising
from the existing state of things is, that the Colony is deprived of the
revenue which would otherwise he derived from the trade on that part of
the coast, hesides which shelter and encouragement are thus afforded
for smuggling.

" 19. Were a welt-organised judicial system estahlished there, it
would tend not only to the preservation of peace and good order, but
also to the protection of Colonial and French Treaty rights.

" 18. On a review of the whole case it is evident, we humbly submiti
that the policy, comparatively recent, pursued by the Imperial Govern'
ment towards this Colony, in the restrictions so imposed, have placed
the large British population resident on the so-called French shore in a
position the most deplorable, and such as is unparalleled in any other
civilised country in the world. Life and property are insecure, the vast
resources which are known to exist on that portion of the coast are
rendered unavailable, and the revenue which should flow into the Colo-
nial Exchequer under the influence of a regularly constituted order of
things is lost to the country.

" 14. We do not deem it necessary to repeat those further argu-
ments which have so often been urged before in support of Britinh rights
upon that part of the coast. We most humbly and earnestly pray Your
Mi^esty to cause to be removed the restrictions in reference to the ap-
pointment of mugistrates, and also those affecting our territorial rights,
which press so injuriously and inconveniently upon the interests of Your
Majesty's subjects in this Colony, and which we would humbly observe
are at variance with the rights secured to this Colony by Acts of the
Legislature, which Acts were subsequently ratified by Your Miyesty.

"Passed the Legislative Council, 24th April, 1872.

" (Signed) Edwabd Mobbis, President.

"Passed the House of Assembly, 24th April, 1872.

" (Signed) Thomas R Bennett, Speaker."

Joint Besolutions.

Journal of the House of Ats&mbly of Newfoundlandfor 1874. — Page 164.

2Brd AprU, 1874.

" The Chairman reported from the Committee, that they had con-
sidered the business to them referred, and had come to certain resolu-
tions thereon, which they had directed him to report to the House and

Report on the Newfoundland Fishery Question. 88

^'i

/

i

(

he handed the reBolations in at the Clerk's table, where they were read,
M follows : —

" Eesolved,— That this Oommittee haying had under consideration the
report of the joint Oommittee of the Legislative Council and this Hoase,
adopted by both branches in the Session of 1867, on the subjoot of
French right of fishery on the coast of this Island, together ^ith the
despatch of the Right Hon. the Earl of Kimberley to his Excellency
the Governor, bearing date the 6th Aagast, 1878, are of opinion
that with the view of terminating the long-pending contentions that
have arisen respecting the rights of both nations under the Treaties, it
is expedient that negotiations should be resumed for that purpose on
the basis of the said report, as suggested in the said despatch, *which
report, with some amendments, is as follows : —

" 1st. Your Oommittee submit that no question can arise, under the
Treaties, as to the dominion of the soil on the so-called French shore,
in common with the whole Island of Newfoundland, belonging to the
Crown of Great Britain ; and such right in all negotiations between the
two nations on the subject of the Treaties has never been impeached ;
but certain privileges are claimed by the French under these Treaties
and accompanying Declarations, in making erections and otherwise on
the coast for fishing purposes ; and it is contended *hat British subjects
are prohibited from having fixed settlements there.

" 2nd. Your Committee further submit that, without Trench per-
mission, it is lawful for British subjects to construct buildings and re-
side therein for purposes apart from those of fishery, and to make use
of the strand for all purposes essential to the exercise of the territorial
dominion of the interior land, and that the term ' fixed settlements,'
referred to in His Britannic JSIajesty's Declaration, applies only to such
as are in connection with the fisheries. On t|^e coast are Franch estab-
lishments of a substantial character, unauthorised by the Treaties.

« 8rd. It would appear to your Committee that the objection to issu-
ing grants and licenses has arisen from the construction given by the
French to their Treaty rights to the use of the shore in connection with
the fishery : and whilst it is advisable that any uncertainty on this
point should be removed by amicable arrangement, yet your Committee
submit that the territory being unquestionably in Great Britain, the
local executive is authorised to issue grants and licenses for agricul-
tural, mining, and other purposes, which have not for their object the
interruption of the French by competition in the fishery. Your Com-
mittee are, however, aware that in the construction of the Treaties as
regards the respective rights and privileges of the subjects of both

■ /

r

\

94 jR«port <yt% the Netvfoundland Fuhery Qtu$tion.

nfttions, there has not been general aoqniesoence^ and they woald re-
oommend a oonoarrenoe in any fair adjastment for the better observanee
and ezeontion of existing Treaties which di4 not oonoede any farther
rights of fishery to the French on the coast of this Island, nor any
rightii or privileges whatever at Belle Isle and Labrador;

" With this view, and in the acceptance of the snggestioni of Her
Majesty's Imperial Government for resumption of negotiations with
the Government of France, in order th^ the litigation of territorial
rights may no longer be obstmcted— ....

'* Yonr Committee recommend that the Legislature should state to
Hor Majesty's Government that they are not prepared to agree to any
eoncessions to the Government of France which should convey to the
French rights of fishery which they do not now possesSi under existing
treaties ; but they would recommend the Legislature to consent that the
valuable and important right to purchase bait, both herring and oaplin,
on the southern coast, be conceded to the French, at such times as
British subjects may lawfully take the same, upon the terms herein con-
tained being agreed upon.

" It being thus clearly understood that any ftirther concession with
regard to rights of fishery are to be excluded from the negotiations,
your Committee are of opinion that it would be desirable, for the inte-
rest of all parties, if Her Majesty's Government should be able to make
such an arrangement with the Government of Frftnce as would embrace
the following matters, viz. :— -

•* Ist. The establishment of a Joint Naval Commission, which shall
only take cognisance of such matters as relate to the fisheries, and in
ease of disagreement reference be made to the respective Governments ;
all other questions to be dealt with by competent authorities.

** 2nd. That the existing British Settlements in St. George's Bay,
Cod Boy and Bay of Islands, Bonne Bay, and White Bay shall remain
undisturbed ; and there shall be no interruption by the French to fish-
ing by the British in those Bays, nor interference with their buildings
and enclosures there, nor with any erection or buildings on any part of
the coast where the French have a temporary right of fishing, which do
not actually interfere with the fishing privileges of the French, as shall
be determined by the Commissionen ; nor shall British subjects be mo-
lested in fishbg on any part where they do not actually interrupt the
French by their competition, the claim asserted by the French to the
exclusive right of fishery not being warranted by the terms of her
Treatiess. ■< V- rr-

>■ "8rd. That no building or enolosnre which shall have been erected
for five years shall be removed as interfering with the French fishiog*

\J

"iifa-ar'

g

r

Report on the Newfoundland Fiahery Quettion. 85

pririlegei, without oompeDyation, to be determined only by the Commii-
■ioners ; bat no oompensfttion shall be payable for any inch boilding or
encloBure hereafter erected without consent of the Commissioners.

" 4th. That the Oommissioners shoold determine the limit or bound-
ary line to which the French may prosecute their fishery ; the British
baring the exclusive right of salmon and all other fishing in rivers.

" 6th. That the breadth of strand of which the French should have
the right of temporary use for fishing purposes should be defined, thus
removing objecUons to grants of land for all purposes beyond the boun-
dary 80 to be defined, and within the same for mining purposes, right
being reserved to the British Government to erect on such strand works
of a military or other public character; and to British subjects for
wharves and buildings necessary for mining, tradino, and other pur-
poses, apart from the fishery, in pUces selected with the permission of
the Oommissioners.

" Passed the House of Assembly, 28rd April, 1874."