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^^dSE^H F^opE.
KECENTLY ENTERED INTO
Between the British #' French
Governments,
Relative to the Taking and Paclcing of Lobsters on a part of the Coast of NewfoundTand, and the action taken in Newfoundland in relation thereto.
YM\M liy a Coinittjltee of tlif! Citizens of St. Joliii's, Newfoniidlaiifi, apiioiiitecl at a . Mass-Meeting lieM on tlie 26tli MarcL 1890.
ST. JOHNS, N. r. ; I'himik k\ iiifc " EvKsiNf; HKi!\iii" On u i .
18'.H).
.yc^.,-,:;;;^.
^^^'^W^
i
V
nV
HECENTLY ENTERED INTO
ir
Between the British '''French
Governments
Relative to the Taking and Packing of Lobsters a., a part of the Coast of NewfounrJIand, and the Action taken In Ne^^'fcundfcind in relaiion thereto.
Wi\M ty a CQiiiiiiitloe of liic Cilizeiis of St. Joliirs, NewfoniKlIaiiil, aflopteS at i Mass-McctiiiE Held on 1^6 26Ili Marcli, 1890.
ST. JOHN S, N. F. : I'ltiNii.ii \\ Tin: "l'\ i:\iNi) IIkkai.d" Omice.
I8",li).
u
IHl
nii ti<j wl
tlx
Nc Cn
fit
for Pn
HCt
the con tho u li Til dis] for
The ''Modus Vivendi"
Recently eiitcred into with the French, and ilio action taken in Newtbundland in rchdion (lieieto.
IS
INTUODrCTUKY.
The following HtatLMneni of frtctfl in connection with this vitiill\ iHi})ortant matter is cuuipilod for general piihlic information, [f niiulc as concise as is consistent with a lucid c\[)laaation ol" fhj (»osi- tion of affairs at the present moment, and it is hoped will onahle all who take an interest in tiie welfare vi' Xewl'ouiulland, to rcali/e the gravity of the sitnation. Q'he dearest rights of the people ot Newfoundland, the " most ancient and loyal dependency ol" the British Crown," are bonrul np with the issues of the present crisis, and thev appeal confidently to their liritish fellow-sulijecls for that genoroii - sympatliy and practical co-operation which is never rciust-tl hy thi citizeiiH of a free conntrv t() a iiist cause.
The claims of the French nation to certain tisheiy rights (ui a part of the coasts of Newfoundland are matters of history and have formed the subject of re[)eated negotiations between the British and [i'rench governments since the early part of the century. Mauv conventions have l)e(Mi held and arrangements suggested for a .settlement of this (fiia^fio 'Cixahi, which have uniU)rmly failed, for the simple reason that the French Nation invariably demanded concessions for wliieh they offered no fair ccpiivalent, and in construing the treaty rights continually claimed larger privileges than inulcr a liberal construction o'l the Treaties they were justly entitled to. The fair consideration of the (piestion has also been hampered by the disposition of British diplomatists to suggest and accept arrangements fvu- its settlement, more with a view to the exigencies o'i bnperial
8
to
policy tljuii to tho Iji'.sl iiitcM'osts of lli(» [)0()|»U' ol' the colony. Tlio liitf convention, wliii'h liaH resnltiMl in tlio Moiinx Vivendi now un- der discussion, is llui ninlli which luib' liocn held during a ])eriod of less tluin fifty ycpi's, and in every instance the arrangement h^uggested has hjen to the detriiiiLMif of the i)eoiih' of Newfoundland, and has been promptly and eni[)lKitically disclaimed hy them. All conventions prior t(» tiie one whose labors are now under discussicm, related gen- erally to the Cod-fishery, Init the present, arrangement includes un entirely new and startling cl'iim, namely, of a right on the part of tho French to take and prox-rvc Lobsters on that part of the coast of Newfoundland on whidi they have fishery rights.
Uefore entering into ii discussion of this <'laiin it will be neces- lary, in order to obtain a clear idea of the fishery rigbtsof the French, o give some extracts from tlu^ text of th;* Treaties U|)on which they
base tlieir claims, with such olher information as Avill tend towards
the elucidatit)n of tlie points in dispute.
The provisions of the Treaties arc as follows : —
TUF.\TV OF UTKKCHT--1713.
By Article XI II. of the Treaty of Utrecht, 1713, it was agreed that "' Tlic Inland called Newfoundland, with the adjac(Mit ir^'indsj shidl fi'om this time foiward btdong of right wholly to (Treat Britain ; ami to that end the town iind fortress of IMaceutia, and whatever olher places in the said isl-aiid are In the possession of the French, sliall be yielded and given up within seven months from the exchange of tin- ratification of this treaty, or sooner if possible, by the most (Jhri.^lian King, to those who have a t.'oininission. fi'oU' the (,>ui'L'n of (ireat Ibilaiu lt>r that pui'i)osv'. Nor .shall the most Christian King, hi.^ lieiis iiiid ,-iU'Cessors, ur ;iny of llieir subjects, at any time here- mI'iim- lay chiiiii to any rivLt td ilie said island and islands, or to any part of it or them. Moreovi'i', it shall not Ix' lawful for the !-ubjects of France lo forllf\- anv idace in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, ami huts necessary and ntual for drying of fish, or to resort to the said island luvond the time nccessarv for fisbiuL!: and drvin-i; of fish. But it .dtull be allowed to the subjects of Fiance to catch fish, and to dry them on land, in that jtart only, and in no other besides that, of the .said, island 111" Newfninidland. which stretches from the place called Cape Bona\ ista to the northern point of the said island, and from thcn(;e, riniuing down by the western side, reaches as far as the place called Point Riche. lint ibe i.sbuul (>,alled Cape Breton, as also all otlicr.«^, both in the mouth of the river St. Lawrence and in the gulph of the same name shall hereafter beloii'jr of riuht to the French ; and the most Christian King shall have all manner of liberty to f\)rtiry any place or places there."'
:&
^
-t
le Colony. // now un- riod of less
1, n!nl luis )nvontions L'latod gcn- H'ludf.'H an jiart of t!)o 0 coast of
l)e iiei;es-
10 French,
vhicli they
1(1 toNrards
^•as agreed iidjuccnt to (mm 'at ^entia, iind sioii of tl»e IS from the ible, by llic; the (iiu'en stiau King, time lie po- or to any lie f-iihjects mdland. or s, and iuits s;\id ishind fish. But iiiul to dry !iat, of the liiee called 1, and from iH the place as id so all 1 the gnlph I'll ; and the ibrtily any
TREATY OF PARIS— 17C):'..
And by Article \'. of the Treaty of Tails, 170'^ it w :ia agreed that "The subjects of Franco shall have the liberty of n.Mh- ing and drying on a part of the coasts of the island of Xewfouiidland> such as it is e;peci(iod in the loth artiide of the Treaty of I'trecht; which iniicle is renewed and confirmed by the present treaty (except Avhat relates to the island of Ciipo Breton, as well as to the other islands and coasts in the mouth aii'l in the gnl[)h of St, Liwrence); and His l>ritanic M'.jcsly consents to leave to the subjects of the most Christian King the liberty of ilshing in the gulph of St. Lawrence, on condition that tliesnl)jects of France do not exercise the said fish- ery but at the distance of throe leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands .'■itualed in the saidguljih of St. fiawrence. And as to what relati-s tt> the lisherv on the coasts of the island of (Jape Breton out of the said gulph, the subjects of the most Christian King shall not be i)Grinitted to oxercisG the said I'shcry but at the distance of tifteen leagues from the coasts of the island of Cape Breton ; and the fishery on the coasts ■>t Nova Scoliiv or Acalia, and every wIi'Mo else out of the said gulph, shall remain on the foot of former treaties."
And by Article VI. of the s;ime Treaty '■ The King of (;reat Britain cedes the islands of St. Pierre and Mirpielon in full right to his most Christian Majesty, lo serve as a sliolter t) the French lisher- uieu ; and his said most Christian Majesty engages not to fortify the said islands, lo erecl no buildings upjii them, but merely for the con- venience of the fisliery ; and to keep upon them a guard of lifly men only for the police."
TREATY OF VP:RSA1LLES— 1783.
And by Article IV. of the Treaty of Versailles, 178.'), that '* Ilis Majesty the King of Oreat Britain is maintained in his right tj the inland uf Newfoundland,' and to the adjacent islands, as the whole were assured to him by the thirteenth article of the treaty of Utrecht; exce[)ting the islands of St. Pierre andMiqnelon, wkieh are ceded in full right by the present treaty to his most Chris- tian Majest}'."
And by Article V. of the said last named Treaty that " His Majesty the most Christian King, in order to prevent the quarrels which have iiitherto arisen between the two na- tions of England and France, con.sents to renounce the right of fish- ing, which belongs to him in virtue of the aforesaid article of the treaty of Ftrecht, from Cape Bomivista to Cape St. John, situated on the eastern coast of Newfoundland, in fifty degrees north latitude; and his Majesty the King of Great Britain consents, on his part, that
6
tin' fisli TV iiMsigiK'il to the Hubjucts of his most riiristiiin >rnjosty, )»o- piiiiiinf? n't tho .siiil ('iii»(> St. .T«')1iii, pus.sin-,' to th<( norlli. iiiu) (Icscc'iid- iiig liv tho wt'stcni const of tin- isliiml of NV'wIoumllaiul, sliall t'xti'Htl to the place called rap. > IJiiyc, situated in forty-seven degrees fifty iiiiuiites latitude. The French tifherineii hliall enjoy the lishery wiiich is nssipncd to thoiii by the present article, as they had the rii^ht to enjoy ihnt which \v;is a.^sij^ned to them by the treaty of ['treeht.'*
And by Article VI. of the said last named Treaty that ''With re<5ard to tlie lishery in the -idpli t)f St. Fiawrcneo, the French shall continnt! touxerci.se it conforuiahlv to the fifth article of the treaty of Paris."
DF/;LAUATI0N' of I7S:J.
And by a declaration of His l^ritonnic Majesty, dated the 'jrd day of Septeiiiher, ITs:'., it was (U'clartnl that '' 'J"he King havinj^' entindy aj^'reed with hi.s most (Utristiaii ^Fajesty upon the articles of the (hdinitive treaty, will seel>, every means which Fhall not only in.snre the exi-cution thereof, with liis accustonKHL good fiith and pMinctuality, and will besides ^ive, on liis part, all po.s- sible I'ificacy to the [ninciples which shall prevent even the least foun<lati(»n of dispute for the future.
" To thi.s end, !»nd in nrder that the iisheruieu of the two nations may not ";ive cause for dailv (luarrels. his IJiilannie MaiestN' will take the most positive measures for preventing his subjects iVoui interrupt- ing in any manner, by tlieir competition, the fislierv of tin,' French, during the temporary e.vercise of it which isgr.iutcil to them upon the cor.stsof the island of Newfoumlland ; l)tit lu? will, for this puri)o.->e, catise t!ie fixed settlements which shall be formed there to Ik; re- move(|. liis Britannic Majesty will give order.s that the French lish- orinen be not incinnmudod in cuuiu;* the wood n^cessarx fur tlie repair of their scaiTolds, huts and fishing ve.s8els.
" The thirteenth article ot the treaty of Utrecht, and the method , of carrying on the fishery, which has at all times been acknowledged, shall be the plari upon which tlie fishery shall be carried on there. U shall not be deviated fi'Dm by either party, the French fishermen building only their scalVolds, conlining themselves to the repair of their tishing-vcssels, and not wintering there; the subjects of his Uritannic Majesty, on their part, not molesting in any manner the French fishermen during their fi.shing, nor injuring their scaffolds dur- ing their absence.
"The King of (Jrcat Britain, in ceding the Islands of St. Pierre and Mitineloa to Fraiue, regards them as ceded ^ov the purpose of fi'rving as a real .shelter to the French fishermen, and in full confi- dence that liiese po.-ses.>io.is will not become an object of jealousy be-
twt'cn the two nation.-*, and that the fishoi'v ht.'tweoii the said i^laiids iinl that of Newfoiuulhind nhall he llinitt'd to thu niiddlc of the ;haniiel.
COUNTEli DKCLAIJATION OK Kl\(j OK KKAN<;K.
And by counter declariition of His Most (Iracions Ma.ie^ty tlie King )!' I'Vaiice, thited tile Third day of Se|»tenihcr, I 7S:', i t was dechiied [hat 'The piin('i)des wliidi have j^uided th(i Kin;;- in tlie wiiulo eoiirHe >1 the nogotiation.s wliich ]»i'e('edod the ro-estahliMhuient of [)ence, ^jHist have ct>nvinc(Mi thi' King of (rreat liritain tli.it His Majenty Inis lad n) other desiign tlian to ren(h!i' it solid and hinting hy preventing,
much as po.'.sihio, in the four ([narter.-! of the woild, every subject >f discii.ssiou and quarrel."
•'■ The King of (Jreat T?ritain undoubteijly [daces too uiucli confi- lenco in the u[)rightne.s.s of his Majesty's intentions not to ndy \\\um lis constant attonti(jn to prevent the islands of St. Vierre and Mif[no- |on from ])ecoming an object of jealousy between the two nations.
" As to thu fishery on the coasts of Newfoundland, which has been tlie obiect of the new arraiii!:eincnts settled bv the two soverei^'iis.
ipoii this matter it is sufficii^'ntly ascertaiiu-d l)y the lilih article of the treaty of peace signed this day, and by the declaratiou likewise de- bvered to-dav by his j>ritanni(.' Majesty's Ambassador Kxtraordinai'V
iiid Plenipotentiary; and his Majesty declares that he is fully satis- lied on this head.
" In regard to the fishery between the island of Xewf )Undlaiid md those of St. Pierre and .Miijuelon, it i.s not to be carried on by Mthcr party but to the middle of the channel ; and his Majesty will v.> the most positive orders that the French fishernien shall nut go >ey(>iid this line. Ills Majesty is firmly persuaded that the King of [Ireat liritain will give like orders to the English li.-diermen.
TREATY OF PARIS-
'o"
-1811.
And by further Treaties between the said great contracting ])ar-
ties, viz., by Article S of the Treaty of Paris, 1811, it was agreed that
[' His Rritannic Maj'csty, stijmlating for liiuiself and his allies. I'U-
Catios to r(.'store to His Alost Christian Maiest v. within the term which
jiiall be hereafter li.ved, the colonies, fi.shcries, factories, and esiablish-
lenth of every kind which were possessed by France on the 1st Jan.,
79-, in the seas and on the continents of America, Africa and Asia, with
'xception, liowevcr, of the Islands of Tobago and St. Lucia, and the
Isle of Fiance and its dependencies, es[»(,cially liodrigu(>s and Les
k'iieUes, which several colonies and possessions His Most Ciiristian
^lajesty cedes ;n full right and Sovereignty to His Rritannie Mujesty,
ind also the portion of St. Domingo ceded to l-'rance hy the Treat}' of
8
Ba.sle, aiaMvliicli lILs Most Cliristiau Majesty restores in full right and sovereiLMity to His Catliulic Majesty." And I)y Artidc lo of tlii^ said la.st-nained Treaty, that '' The French right of Fishery upon tlie Great Bank oC Newfbundhmd, upon the Coasts of the Ishind of tliaf name, inid of the ndjncent Ishuids in tlie Culf of St. Lawrence, nhall he rcphieed ujion t!ie foatin^i' in which it stood ir. 1702."
TKFATY OF PAFJS— 1815.
And l)v Artich.^ il of the Trer.ty of Paris, 181.5, that •• Tlie Treaty of Paris of th. 13th of ^Fny, 1814, and the final Act of the Congress of Vi'Min;i of the 0th June, 1815, are confirined, and shall he maintainod in all such of their enactments which sliall not have been mollified by the Articles of the present Treaty."
CONSTRUCTION 01'^ TREATIES.
Under the provisions of the Treaties the French Iiave hitherto maintained that they enjo;- —
1, An exclusive right of fishery on that portion of the ['oast ol" Newfoundland, botween Cape St. John and Cape Ray, pas- ing round by the Nurlh of the Island.
2. That all British fixed settlements, of whatever nature, on that portion tif the Coast, are contrary to Treaty.
Th'j British Governnjcnt, on tlie other hand, have maintained —
1. That I^riti.di .nibjccts have a right to fish concurrently witli the French, so lona" as thev do not interruiit the latter.
v„ •/ I.
2. That the undertaking in the Declaration of 1783, to cause the removal '>\' li.\i:d settlonuuits, referred only to fi\.ed fishing settlemeuls. and that fixed settlements ot anv other land aro m.'l ei,ntrar\' to the declaration.
French fishermen have, moreover, been in the habit of fishing the rivers, arid of Ijarring them with nets and weirs, interrupting the free cireulation of suluion, and thereby causing great injury to ihc sal- 'mon fishery.
The British Government, however, have always maintained that the French have no right to the fisheries in rivers'
LORD PALMFRSTON'S NOTE— 1838.
The [)osition taken by the ijrlthsh Government upon the construc- tion of the Treaties is clearly and ably stated by Losd Palmerstou in his note of iOth July, ]S38," to Count Scbastiani, the French Ambas- sador, in which, after quoting the Treaties and Declarations before referred (o, and their interpretation by the French, Lord Palmerston sums up the matter as follows: —
0
1 I'i^lit ^ of the )011 tlui
of that
}, sluili
Treaty
gress of ntaiuod iiodifiod
liitherto i
Coast of -^ ay, pas- I
itnro, on |
taiuetl —
A]y witli ttu-.
to CilUSC
to lixed my othei
)f fishiivj, pting ilii"' I o the sal -
.iiicd tluit
! construe- | lerstoii in li Aiiibas- ins before alinci'ston
" In order therefore to come to a right understanding of tlie (jucstion, it will be iieccissary <o consider it with reference to historical iaets, a.s well as with reference to the letk'r of the Dc^claration of Mbo ; and to ascertain wliat was the precise fooling upon which the French fishery actually stood in 1792, Now it is evident that specific evidence would be neccssnry, in (;rder to show that the construction ^\ hich tiie Fronch Governnient now desire to put upon the Declara- iiou of ITSo, is the interpretation which was given to the Declara- iiou at the period wlien the Doclara-ion was framed, and when the real intentiijus of the ptirtics would have been ])est known."
•• It would be re^lui^ite for this purpose to }»r(3vn tha.t, upon the conclusion of the Treaty of 178". French subjects actnally entered upon the enjoyment of an exclusive right to catch (i^h in the waters olf the Coast in ([uestion ; ;;nd th.t they were in the acknowledged vfiijoyment oi' the exercise of that right, at the commencement of the '.var in 171)1^. I>ut no evidence to such ellect has yet. been ])rodueefL"
'•' It is not indeed asserted by your .Fxcellency, nor was it contended !.'\' Prince Talleyrand, in his note of 1S31, to wdiicli A'our Excelleiu'.y specially refers, tiiat Frencli subjects were, at tlie breaking one of the war in 17'-'2, in the enjoyment of such an exclusive right ; and morc- uver it does not a])pear that such right was chiimed by France, or •Kunitted by Enghuul, at tlie termination ol" the war in ISOl, or at the peace of IS 11 ."
'• It is irue that the i)rivilege s.cured to the fishermen of France liy the Treat}' and Declaration of 17S-:) — a privilege wliich consists in the periodical use'of a part «Vf the shore of Newfoundland for the pur- pose of drying their iisl>. has. in ]u-actice, been treated by the JJritisli iloveniuuMU as an e'xelusive riu'ht durimi; t!ie vieriod of the lishinj; sea- .-'•n. and \vithin tlie prescribed limits; because from the natiite of the case it would scarcely b.' possible for British lislenanen to dry their fish upon the same part of the shore with the French lishermtui., witliout interlering with the temporary establishments of the French f(U" the same pur[ujse. and without interrupting their operatioris. But the lirilish Clovernment has never understood the Declaration to have had for its object to de))rive British subjects of the right to p.n-tii'ipate v.ith the French in taking fish at sea oil that shore, provided they did so without interrupting the Frencli codiishery ; and although in ;ic- cordiince with the true spirit of the Treaty and Declaration of J7.So, prohibitory proclamations have from time to time been issued, on oc- casions when it has been tbund that British subjects, while fishing \vithin the limits in ([uestion, havt> caused interruption to the French lishery ; yet in none of the public documents ot the British (Jovern- ment, neither in the Act of Parliament of 1788, ))asscd for the cxprcs.s purpose of carrying the Treat}' of 1783 into eiVect, nor in any subse-
10
quent Act of rarliautenl relating to the Nowiouiidland fishery ; iku- ill any ol tlio instructions isHiied by tho AtUniralty, or by the ColoDial Office; nor In any [U'oclainatit.u wliica has come under my view, issu- ed by the (jlovcrnor (^rNewruundiand, or by tho British Admiral npon the .station; docs it appear that the right of Froncli subjects to an t x- clnsivc iislicry, either of codfish, or of fisli generally, is s[)eciileally re-
coi'iH/.e(
■'■ In additi(;n to the (acts ab(jvc slated, I will ob.-erve to your Ex- ceHcncN , in conclusion, tluit if the riglit conceded to the French ])v the Declaration of IT'^.'5, lit.d b.^en intended to be exclusive u'ithin the prescribed district, the t(M'ms n^ed for defining such right would assuredly have been more am[de and vSpeei fie than they are found to be in that docmnent. For in iio other .similar instrument wliich has ever come under the knowlvdge of the British (lovtn'nmcnt., is so im- portant a concession as ;in exi'bi.^ivv! privilege of thbs description an- nounced in terms so l<.)ose and indefinite."
" Fxchusive rights are nrivile";es which, from the \v.rv miture o[' things, are likely t > ]>.' injiu'ious to paiiie.s wlu". are thereby debarred from some exercise of industrv in which thev v.'iil'l otherwise enii;a;;e. Such rights are theielbre certain to be at some tinte or other disputed, if tho*re is anv mrdntainable Liround fVir eonte.stina" tbicni; ami for these reasons, when iicjotiator.'^ have intineh.nl to u'rant exclusive rights, it has been their invariable practice to convey sncdi riglit.s in
"it the
direct, unqualified, and comprelnjoMve leriiis. .-o as lo [)reveni l)os.^ibility of future dispute tii- doubt.''
•' In the present case, however, sui;h f.M'ius of expression ai'e en- tirely wanting, and tlie claim juit forward on llie part of France is founded simply- u[)on inference, i.iul upon an assumed iiilerpretalion of words."
(X)NV]:M1()X of IboT.
In the year 1857 a convention was agreed to between the British and Frencli Governments making large and valuable concessions to tin; French, t>ne of^ the ai tides of which stated that it fclnmld come into operation as soon as the hnvs reijuired to carry it inie etVect shall have been passed by the Imperial Parliament of "(ireat Britain, ntnl f'/j f/ir Pfariiiria/ Lvijif<liiJ)ij'e a/ Nrirfniiinlh:iii<J.
According to the stipulations of this convention, an exclusive rigid of (ishei'y and the \\>^(^ of the strand for fishery pnr[;oses was eon- ceded to the French fiom Cape .St. John, on the"K;ist Coast of Nev;- foundjand, to tlie (,»uiii)o)i Islnnd.s ; and from the ()aii[,on Lshinds, on the N(,rth Citast, to Cape Nonmm ; on the West Coast in and npon tlie following five Mu^vy harhors, namely, Port-au-Choix, Small Harbor, INn-t-au-Port, Bed Island and Codr'uv Island, to extend, as reii'ards
oy
iie and
teil
a!.„
In; \n\
' I
M
u
lU'V
Mil al issu-
Ex-
h by ithiii
nd to
h liiirf
so iiu-
1)11 aii-
uro ot"
^p II toil, ml for
iilit.^ in
■n
t tlu
arc oii- raiu'o is i-etation
British IK to tlu; »ine into all liave
-/ J'U ilu
xclusivr was CO 1.- of New- aiuls, oii upon liie
Ilarboi';
i-('ij;aiHls
1
those five harbors, to a radius of thrne luarinr^ miles \n all directions from tho centre of each snch harbor. On oilier purts of the West Coast ethe live harbors excepted) British subjecfs were to enjoy a " concurrent" right of fishing with French subjee!, . bnl French sub- jects were to have the exclusive use of the strand for fishery purposes IVnin V.'A\)v Norman to Flock Point, in the Hav of Tslands, north of the llumber River, in addition to the strand of the I'c served harbors.
A '^'concurrent" ri<2;hi of fishiuii was also cri'antiMl to French sub- jccts on the coast of Tiahrador, from Blanc Sablon to Cape Cliiiiles. and of North Bcdie L^le.
With regard to the question of fixed establishments, the conven- tion of 18o7 stipulated that no British buldings en' British enclosures .should be erected or maintained on the strand reserved for French ex- clusive use. It was })rovided, hoAvever, that buildings which had stood forfivo successive sea.sous, ])revious to tlie date of the convention, with- out objection on the part of the French Gcn'ernment, should m)t tie lia- ble tu removal without equitable compensation to the owners from th.e Fr(;i!ch (government. Bv the conventioii alimited rio;ht of iuri'^diction was conceded to tln^ French, and French naval ofiicors were i(^ Iiave the poW'Cr to enforce tlui French exclusive rights of ii.rhing l;.y the ex[)ulsion of vessels oi* boats attempting concurreut fishing ; in the case oi' there being n(^ British crui/i:;g vessel in siglU, or made known to br present within a dist;ince of five miles, Frencli naval oiTicers weie likewise entitled to take such measures as occ:vsion might re- quire to put Fi'cnch fishermen in possession of an}' porti(ni of the strand of which the exclusive use for fishing ]>nr[ioses was reeoguized liy the convention.
!t will thus be seen that, according to the terms of the Conven- titui of 1857, FraiU'C would have obtained an exclusive right of fishing *)U tin:' northern extremity nnd in)i'th-eastern coast of Newfoundland, and also on five points of the western coast of the Island.
now IT WAS HECF!\'K1).
The intelligence of the nudving of this convention, as soon as its ter^ns were made known, was received with feelings of the greatest ;daviu and indignation by the [teople of X(>wfbuiidl;uid. Immediately ujiMi tile despatch containing a C('py of tlie convention having been trtiusmitted by the Governor to the House of Assembly, a resolution, pro])os(!d by Mr. (afterwards S'r Hugh) Iloyles, Avas adopted, setting fei-th •' That this Assemblv regard with feelinsxs of extreme regret '" and surprise, as subversive of just rights and destructive totne best ' interests of the peo[)le of this Colony, the concession, without any •• real equivalent, of almost unlimited fishery privileges to the sub- "ji'ets of France, ;is granted in the convention transmitted to the
12
'• Ifoiiso, and tliov de-ire lo express their mianiinoiiH mikI iinalterahle •' (leterr"!ina!io;i iiovcr to give llicir assent to a measure ho unjust."
Tiiis was followed by stron.ij;, independent and earnest Addresses from both branches of the Legislature, and by the !i])p()int;nent of deiegat 'S lo proceed to London to oppose the carrying out of the Con- vention. The Speaker of the ITonae of Assenildy Wiis authorized to (Oninnuiicale with llie Legislatures of the neighboring colonies and ask tlh.'ir co-operation and assistance in the sustainnient of tlie con- stitntitinal viglits <if iIk^ f'dloiiy. While the Legislature were thus prompt in ihe performance of their duty, the people Averc e([ually so. A mass-mei-tiUg <^f the people was called, at which resolutions were l^assed, expressing, in the most emphatic manner, their surprise and indignation at the uiijustifuiljle concessions proposed to l)e nnuh; to the FriMu '• and clearly >he\ving that to assent to the convention would he to \irtnally hand o\ or oui" iishlng interests to the French. Dele- gates were also ap})oinied by the peoph", lo [)roceed to JJritain to urge the Impm'ial authorities to refrain fi-om ])ulting the convention into o])eration, and to Nova Scotia, New Brunswick, ih'incc Jvhvard's Island and Caimda. to ask the assistance of the people of these I'ro- vinces in sustaining the constitutional principle that, as a Colony possessing Pies])onsible novernmcnt. the coastal fisheries within the jnrisi'.iction of the Colonial Covevument are the undoubted pr<)perty of tlie p('i>i)le of Newfoundland, and cannot b(> alienated or shared with :uiv forei-i-n i)ower. without tlio consent of the Local Legislature.
TIIK LAlJOrCHKUK DESPATCIL These ellbrts were crowned with success. The convention was ab:iii.!oned by the British Ctov.'rnmcnt. and a despatch was sent by -Mr. I^ahouchere, Secretary of State, to the Colonial Government which lias >lii(H' been regar(hHl a,^ the .AFagna Charta of the Colony in relation U) all <|uestions concerning the aliei!;itlon or niodilicatiou of its tlshery riglits. The despatch is dated March 2i)tl'.. iS.")7. and states - that
the ri'ihts enjoyed by the comnumity of NewfoMndlaud are not to bo •• c-iicd or exchanged" without their consent, and that the constitu-
lioiial mode of submitting measures for that consent is by laving '• them befniv the Colonial Legislature," and that the consent of the •• community of New-fouadhuivi is regarded by Her Majesty's Govern- '• ment as the essential preliminary to any ni oditicatioii of'their terri- '* torial or maritime rights."
THE FOni)-l>KXNLL AUKANGKMLXT.
Since the Convention of L'^oT a furt
attempted to be made between the Brltisl in ISSo, the elfect of whicl 'xcl
her arrangement has been
1 an
d Y
rench Governments
exclnsivo right to all the good harb
1 Avould have been to <:ive the French tl
le
01
s oil that part of the coast on
13
riihlo
•esses
bi)t of Ton-
hod to
IS iind 00 n- tluLs
\y so.
10 and
to the
would
Delc-
..'iiicli tliey iia\i' I'isIutv ri'j,lits, Icaviu;^ t) Newfoundland the sliore • 'tween the hiirljory, wiiu-li is utterly worthless without the hiirhora. In addition to this, the ^'reuoh were to li.ive the right to })urchaso !i;tit oil the shores of Newfoundliind free from all duty or restrictions, ■ind to ho e\'oni[)t from d^ity on goods iiiiiiorted for rHJiing ])ur()j.'jes, nd from the payment of light dues, port charges or other shipping liH's. It is n.'edless to s ly that this attempted sacriliie of the invalu- rici'hts of Xewf)undland was iudi'/nanllv ^ouruod hv the Le>;i.s-
M.
I.I 1: ire
THE FRKNOfl CLAIM TII1<: LOIJSTKRS.
The nex't titttu^k on the part of the French was to cone from mi Mitirely diHerent (juarter. For some years the lohster packing in- lii.-lry has lucu growing ia value and importance, as will appear upon fferenco to I lie following titiures : -
1S83 ISSl ISSo 1S8G
18S7
I ft t • • •
••• ••■ •«• •*• •«•
VaIUE of liOHSTEHS Kxi'ORTED.
§50,597
00,782
82,400
115,481
. c. 209,708
>•• •■• ••■
> • * • 1 1
• • • • • •
■ • • • • •
• • t * * •
> • • • • •
885,077
In the year 1887 the French commenced to take and preserve Itii^ters on a part of the North-cast coast, wdiere they have lishiug lights, and for that purpose erected a factory, and the French (Jovern- iiicut assuuied to concede to the Com[!auy who owned the factory an exclusive ri';lit in take lohsters in that localitv for five vears. In ISSS, two I)iiiis!i sul.>jects l)elonging to St. John's made arrangements for the estahlishnient of a loljster factory at Hauling Point, in White J]ay, hut Were obliged to abandon the voituro ])y the French, who refused to allow them to take lobsters in that locality. Tlic details [■ tills ocviirreiice will ajipear iVom the following despatch, from <iovernoi- I)lake to the Secretarv of State for the Colonies, dated duly 10. 18>^8:—
Mv Lord, —
1 have the honor to forward for your Lordship's consideration, a statement from Messrs. McNeilv k McNeily, solicitors for Messrs. Muri)hv & Andrews, who made arraimements for the (establishment of a Lobster ('aniiing establishment at Hauling Point, in White Bay — a jilace where, for more than forty yejirs. no French subjects have jarried on any kind of fishery — Messrs. Mur[)hy & Andrews had
14
nin'oed last mil mini willi a iiuiu1>er of the inliiil)iiaiitH to catcli lobster- for thoni, and wore to I) 'gin operations on the 'J'jth Turn?.
2. On the lOtli of Jnne Mes.srs. Murphy & Andrews arrivi'd wlih the iiecespary phuit and t-np[ilies Tor the isoason. On the I ith June n largo muiiber of Frenchmen arrived there. Messrs. Murphy & Andrew.^
eir
proceeded to erect the necessary boiling house for carrying o. th business, and had their arrangements all l3ut completed wh ii tin
rencn warslu[)
ii
D
I'ac
.rrived at llaulin'j; Puint. The Commande
on Sinnhiy, .Time 24th, informed Messrs. Murphy & Andrews that h • wouhl not allow them to take Lobsters in that locality, and furthei . that tlio French Government iiad conceded to the French Compan; there represented, an exclusive right to li.^h foi* Lobsters in th.,: locality for live veais.
3. In consequence of the interdict of the Commander of t!i ** Drac," the men who had agn>ed with Messrs. ^Murphy ^^ Ainlrews 1 > supply them with Lobsters, refused to do so, and they have been obliged to abiindon tlie venture, at consideraM
e loss.
for which thi
claim compensation, amounting to two thousand one huiulred ans eighty dollars and sixtv-three cents.
are attached to the statejuent.
riie particulars of the claim-
'[. Having ejected the IJritish subjects from !lu' pi c,', the Fi-ench Company have proceeded to erect i\u establishment of a [jernianent chariM.'ter, over three hundred feet in length, in which, fi'om the repoit of Mr. I>erteau, Subcolh-ctor of Customs, whi'.!h I euchjse for yo'i; litji-dshi [)'.-; information, it appears that tliey inteUil tocai'ry on a Lob- ster Factory and general trading establishm:.Mit, with accommodatiijii for a large ninnber of men. This sav(jurs more of regidar annexation of that portit)n of our coast, than the temporary occu[)ati(ju of a portion of the shore for fishery purposes. As the cost t)f the erection of the boiling house, by Messrs. ]\Iurphy & Andrews, was <Mie hundred and fifty dollars, including the labor, it is evident that it was not a fixed
il)orarv erection to be removed at the end of th<
establishment, ])ut a ten le seasoD.
5. My ministers protest very strongly ag;iinst this assertion of French claims. They submit that thi' terms of the Treiity of Utrecht and the d(!claration of ITSo. do not include the concession to the rrench of an industry then unknown. The Treaty of Utrecht gave to France the right to '-catch Mi and dry them on land." Lobsters are not fish. and the jjrocess of canning is not that of dryin- them. The takinsr of ousters does not, therefore. appi';ir to come within the tei'ins of the Treaty, and the assertion o!" I''re;i<'h claims, as det:aled in the enclosed statement, involves the [jj-actical exclusion of British subj(>cts from an industry within British Territory, unknown uhen the French Treaty
15
right.s occ-un-cd, .-iiid now of greit, and increasing Iniportunoe to some thousands of British siiltje.-ts settled on tho ejasts ()\ er which the Frencli Treaty rights extend.'
I have the honor to h^, my Ti )rd,
Yonr L()rdshi[)'s most ohedient, hnmlde s'jrvant,
(Signed) IJKNRV A. BLAKE,
Governor. The liight Ilonoralde,
LoKi) KxinsFouiJ. (I (J. M. C, &c.
In the Session of ISS't ^ Joint Commiitec of hoth branches oi" the Legishitnre was n'.pointed for the pnrposy of considering the suhji'ot of British rights and French chiims on that part of t!io Coast of New- foundhmd on which tiie French have fisln-ry privileges. Tiiis ('oai- tnittee presented a report, upjn which tlie following Address to Her Majesty the Qneen was adopted, which contains a full and clear ex- pression of the position which the Colony as.sumes on the question ol' the Lohater industry. The text of the Address is as follows: —
MOST GRACIOUS SOVERFIGN,—
We Your Majesty's humble and devoted subjects, the Legislative Council a,)id the Commons House of Assembly of Newfoundland, bog to approach Your Majesty witli an expression of our lovaliy and devo- tion to Your Majesty's person and Throne.
Upon us, as branches of the Colonial Legislature, has dev-dved tin- duty of amsidering the sid:)ject of Britisli rights and French elaimsou that portion of the Coast of Newfomulland on which the French have ccutain fishery privileges, in special reference to certain claims asscrl- ed by subjects of France in the year ISSS, in respect to the taking and preserving of Lobsters.
The claims of the French, in tiiis Ijclialf, have l)een now mule for the first time.
The facts surrounding the.sc new (daims are set forth in certain correspondence, whicii has been brought before us as a Legislature. which correspondence has already been a matter of consideration tor Your Majesty's Ministers, and has termed a subject of diplomatic oni- nmnication between Your Maj.'stv's .Ministers and the CoV(U'nment of iM'ance.
This correspond'-nce has reference to the grievances complained oi l»y two of Your Majesty's subjects, one Mur[)hy and one Andrews, who during the fishery season of LSS8, were lawfidly engaged in the prosecution of their business of taking and canning Lobsters at a place ealled Hauling Point, in White Bay, on the North East Coast (jf New- foundland.
16
Ii! conm'i'tinii with this ((irrL'si^iiKliMiCL' ami the ,ii;ricvaii('t's coiii- i)hiiii'M| ()\\ \vi- h ivc liiul occiision to fi;;.'iud iiiul iiiakt; I'ofereiicu to the action ul' our CoU)ni;il Lo,Li;ishitui'o on lorinL'rocciision.s, in rcsju'c^t of the lar-e i.-^.snvs wh'u-h iii't' involved in tli' [)ioH,.'nt Hul/)(t:t of (-(^nsiihiraliou ; and wc; liavo li:id to rcvoi't toihc a.s»!ir.'nii'.i'.sof Your Miijcst y, ;is, from tiuio to tinu'. liiviMi i>v Vour ^[aJo.stv■"s .Mini.sL(T.s in fonfiniiation of position."! assorted and niaintainiMl hy this (A)h)ny. as to tho ndati vo i'i<'dits of iJriiish iiml i^'ri'iich suhjocts on tho Coast, of Ncwfoundhind under Treaties between tlie two great Powers.
Ill our piesent delibeiMtious, we have been constrained to regard as a ju'omin'.'nt cause of dilTieulty. tliesc new ohiinis, wliicli iii ihe case of Messieurs .Mur[ihy and Andrews, seeiu to involve the consideration, not only of Fisherv rights, but also of Territorial rin'hts, which have hitherto I'cen un(|uesiioned.
The faets set forth 1>efore us, wiiich. in their material points are notthe subject of dispute, wari'ant us in the expression of the opin- ii-)n that in this particular c.ise, as in others, there has been displayed at limes, on the part of Imperial authorities, a disposition to'makonnduo concessions in fishery matters to the aggressive claims of the subjects of France, and to suboulinat" to politic or diplomatic exigencies the undoubted rights of Jh'itish subjects.
In tile easi- of Messrs. Mur[)hy and Andrews, it is a[)parent that the French have asserted aright to take and ean lobstery, and to erect upon British territory, factorii^s or e>tabli;diments ibr the jmrpose of preserving lobsters.
Willi duo d'Aitti'iu to \ oui' Maiest \, \\ecaiinot too stroniilv allirm i!;e iio^ition taken bv this Coloiix' that the French have no rinht un- der any existing Treaty to take; lojjstei s ibr commcreial purposes in any territorial waters of tliis Island, and iherelore ajorfiori, we liuin- bly contend that the Freneh are 'inwiirranted in the erection of fac- tories or establishments upon our eoasts, for the puipose of canning lobsters taken in JJi iti.-li ^^•aters for the purposes of exportation and sai \ The elaiins asserted hy ♦he Fi'eiich in this belndf with all hu- mility we vehementl}- deny.
We are constrained to regard with regretful resentment, the fact that in the case under consideration, the removal of establishments erected In' British subjects for the pni])ose of taking and canning lob- sters, has been enforced by snbjects of France, at the instance of the French authothorities, a French warship assisting and a British war- ship interfering to sup])ort the nnwarrnntcd contention of the French.
By reason of these unwarranted claims, and by this interference witli the rights of Your Majesty's subjects, much damage and loss
17
are
have acoriiod, and we Iniva reason to beliovo that many of Your Miiji'.-'t.v'."^ isul)j"Cts hav.j Ir.'i'n (l.'privod o'f ii nu'ans of .siih.sistLMuu' for i.hciusolve.s and their f.uiiilie.s. We tlierefore regard with reasonalde apprehension and ahirin, the [jrobahiiity of furtlier eneroaelunents upon the righlH of Yoiu' Maje.sty's snhjects being made or attempted (o be made by the snl))ect.s of France, the acquiescence in which eii- ;o:u!nuenls mn.st be disastrous t<; the interests of our peophi.
With all submission we are constrained to slate to Your Majesty
r\v position that the claims of the subjects of Franc.' in respect of the
tr.king and preserving of lobsters upon our coasts, and also their
claims in respect of the taking of salmon, which latter claims have
■ilso been a subject of our deli!)erations, are utterly wilhout foundation
lul cannot l)e nniintained. and that the action of Kreuch su!)jects in
tills behalf has l)een in-violati ui (if treaty obligations and of Interna-
^liuial Law, and that there has resulted therefrom a gross trespass
,i..>a the rights of I?ritish subjects, for wdiich an exemplary compen-
-arlon should bo demanded froui the Government of France.
Whilst we hund)ly submit to Your Majesty, that our assertions .f right, as Yonr Majesty's subjects in this behalf, arc nriquestionablo, AC would further su'bmit to Yo'ar Majesty the irrefragable character if our conclusions bv r(!feren('e t<> the i'oUowing facts:
(1.) IJecause it was declared by the Treaty of rtrecht that it should be unlawful Ibr the French io erect buildings ex- cept those '' ]ierc.ss(tr// /nrl i/su i( for 'fi'ijhuj of jkh.'
(2.) Becau.^e the Treaty of Paris, (17Go) restricted the liberty to ''fisfiiiii/ (iiti! dn/iiKj.'^
(:'».) Because the Treaty of Versailles, (ITSo) speaks (d "t/is jlsfi, I'll (isi'Kjiied to ill' in hij tlie Treatij of Utrecht''
(4.) Because the Declaration speaks of " the jisheri/' and "the method of carrijiiKj on the fisheri/, which has at all fima (jecn orftiwu:IefJ(jf(J, shaft be tlie plan upon ichich tfic jl-^lierij shall he '■arried on (Jierc .''
(5.) Becanse the French King's Counter Declaration speaks of '• tJiejhhcr/j on the Coast of Xeirfoinnllanil, wJiirh lias hem (he object of tlie new arrangements''
(0.) Because the Treaty of Paris, ( 1814) declares Uuit tlie French rie/7it of flsjien/ "shall he rcjilanJ upon tlie footing hi which it ston(l'inl792r
(7.) Becanse there was no siudi industry as the Lobster Fishery in Newfoundland at any of these periods, and no such in- dustry was heard of until within a few years past, and the
18
language used to dencribn *• the fishery" which the French were entitled to itiir.'^iie is utterly inaitplicahle to lobsloi c;it''hing, or tlie er<'*"tioii of t'artories for taking or canning lobsters."
Having regard to all the facts relerrcd to and the necessary de- ductions relating thcrefroin, we are led to the expression of opinion, that, in this matter, that is to say in the assertion and protection of the riirhts of Vour Maiestv's subiects in Newfoundland against the ag- gressiv»i and unwarrnnted claims of French subjects, and for the avoid- ance of discord, tumult and distur!>ance betwiicn the subjects of thf two great Powers, it is necessary that some firm and vigorous action should bo taken by the Colony with the co-operation and active assist- ance of Your Majesty's (Jovernment.
We humbly submit that such action shoidd have special refer- ence to the following points:
(1 ) To the ])rote<'tion of British Fishermen in the [)rosecutioii of their lawful avocations as I'egards ihe Fiobster Fisherv.
(2.) To the resistance of the claims of the French now tlrst as- serted in res[)ect of this new industry.
,,''>.) To the remov'al of all liobster Factories or bulhlings in connection with the r^obster Fishery, erected by French subjects upon Newfoundland Territory.
(I.) To the assovtioii ami |»n)tection of the riglit ofBrilisli sub- jects, to the US' of llritisli territory in S'ewfoundhind for agricultural, lumbering or mining purposes, without the interruption, molestation or interference of the French un- der any pretended Treaty claims.
For the causes herein ^et forth, and witli the grievances herein compdained of, we, Vour Majesty's dutiful and \oyi\\ subjects, do there- fore approach Your Majesty with the hundde prayer, that Your Ma- jesty will be ])lcased to take the same into gracious and favourable consideration, that Your Maiesty will cause the same to be brouuht to the notice and consideration of Your Majesty's Ministers, that Your Majesty will graciously cause such action to be taken as shall lead to the removal of all Lobster I'actcnies, or (establishments, or bul dings, connected with the Lobster industry, erected by the French u])on tlie territory of Newfouiulland, and io the prevention of any «;M'h (U'cc- tlons in luture ; and that Your Majesty will be graciously pleased to cause it to ix' an instruction to the Commanders and Ollicers of Your iNlajesty's 8hi[)s, engaged in the protection of the Fisheries upon the Ct)ast of Newfoiip.dland. that thev sh;dl be aidin<j; and assisting Your
19
Froiicl. lob.stoi
iiiry (le- jpinion, litiou of the ag- u' avoid-
■4 of tilt'
s actiun G assist-
Miijo.sty's siibjoots in this Iwhmd, in tlio pnn'ontion (ifinti-rforonco by tli;; French witlv tho prusocutiun of any lawTul industriu^ ent«.ri)i'i8ed bv British .-<iibi'jcts in NowTonndhuid.
Deign to accept Most Gracious Sovereign our proiouude.st expres- sion of loyalty and alVeetion.
Passed the IIou.sc of Assenilily, Ist June ISS'J.
ALKX. J. W. M( NKILV. Si)n.nh>'. Passed the Tiegislutive Council, Ist Juno 1881).
E. D. SlIlvV, I'r,-shlci>l.
al refer-
^ocutioii fishery.
first as-
lin-v-i in French
tish sub- land for liout tllc ench mi-
ls herein lo there- rour Ma- vourable ■ought t<i liat Your I lead to ui dings, upon the ,!ch erec- eased to i of Your upon the
. REPLY TO JOINT ADDRESS. During the present Session of the Legislature the following llcply to tho said Address was laid on the table of the Assembly :—
Ni:\\'FOl!NDLANP.
No. 07.
Downing Stkkkt, 'Jth Nov., ISSH.
SlK,—
II g Your
I have the honor to acknowledge the receipt of your des[)atch, N'u. ;;4. of the 1st June last, enclosing a Joint Address to the (iuecn, froDi the Legislative Council and House of Assembly of Newfound- luiul, relating to matters connected with the Newfoundland lisheries.
This Address, after alluding to the case of tlie removal hist year ol Messrs. Andrews & Murphy's Lobster Factory at White P>ay, and referring to various clauses of the Treaties and engagenients bearing upon the rights given to French fisherinen, proceeds as follows:
''Having regard to all the facts referred to, and the necessary deductions resulting therefrom, we are led to the expression ol opinion that in this matter, that is to say in the assertion that ])rotection of til. rights of your Majesty's subject.-' in Newfoundland is against the aggressive and unwarranted claims of French subjects, and for the avoidance of discord, tumult and disturbance between the subjects ol the two great Powers, it is necessary that some firm and vigorous iic- tion should be taken by the colony with the countenance, co-operation and active assistance of your Majesty's (Jovernment."
'•We humbly submit that such action should have special reference lu the following points : —
20
(1.) To iliL' i)rotei'ti(iii df I*ritl.-<li lislionncii in tlio [jrosocution of their l.nvfnl nvocation.s .is rr^ards Loh.stoi- Kisiiiiig.
(2) To tlio ri'Mistaiu'i' (if ilic clfii.uHot' (Im FroiH'li, now HrMt iis>!C'i't<Ml. in rcyju'cl nftliis new iinlnslry.
(.').) TuroMJoviil <»r;ill LoUster Factories, 01* hnlldin^^seonneetocl witli tilt' Lultster Fi>iierv, erected by Freneli suhJt.'ct.H n|»Mn Nuwri)inMll:uid Tcnitory.
(I.) 'I'o tlie M.-.^ertion and ]n*otection ol" the rl^dits ol' IJri ish suhiectrt to the ii.-es of liritish territor\' in Xcwlouiidland, lor iiLificulturid, luMi1)i'rinj: or niiniuu,' [)iir])oseM, without till' iuterniiitioii, nudestntion or intcilcrenceof tlie l''i'eneh iiudcr any prfti'mh'd ^J'reaty ehiiniH."
I iiave to rcqno.-i that yoii will inforni llie t.'oinicil and Ass((ni)»ly that their A(MrosH ha.s heen Ini I hcfore tln^ i.Mieen. Avho was pleased to receive it ^•t•ry gracioiisly, and "wilii respeet t») tlie jxiints referred \o al)(ive. to ^\•lli^•h partienlar attention has h.'eii called, that yon will state to them n\ ith re_:.ar(l to jioi.it 1 ; that the in.-iructitm?: ji,i vcn to ihe naval oflicers are framed with the view of the projjer proteetion of Ihiti^ih lishermen in tlie [irosecntion of their lawful lishery, hut that the (pieslion whethei the i-stahlishment of Lobster Factories on .vhore is eonsistent witli the eniiiaiieinents with France is now the sid)ieet of discussion between the two countries, and that no fu'ther instrueti(-ns ean at Jirescnt he given on this sul>iect ; that the Council ;ind Assembly are aware that the Fnitish declaration of 1 7S.'5 declares, that in order that the fishermen el' tic Iwi. nations may not give caufse for daily quarrels, Hi;? Ilritannie Majesty vill take the most positive measures lor [jreVciitiui;' his (subjects lV(jm imerruptinir, in any manner, by their comjietition, the lishcry of 1h(> French, dindng the tomi)orarv exercise of it, which is granted to them upon the Coasts of Newf(Mindland, and he M'ill for this purpose cause the fixed settleneiits which shall be formed there to he removed. It is exiiknt, therefore, that the lishery of British lisliernien, whether Lobstci' or otherwise, must be carried
on
subject to the above restriction as to the non-interru])tion of tl
u?
French lishery
You will ap[iri/.e the Council and Assembly with reference to points 2 and 3 tliat the pretensions of the Frcmch in regard to the Lobster Fishery and the erection of Lobster Factories on shore are disputed ly llor Majesty's Governmenr, who, however, trust that some understanding may be arrived at with the French (lovermnent between the present time and the opening of next year's iishery sea- son, a)id that Tier Majesty's Government altogether deprecate any action .such as is suggested, whilst the matter is the subject of diplo- matic negotiation. With reference to point i, Her Majesty's Govern-
lltlOIl
ic. I'.'ll ll|rMI
ri isli
(Ihiiid,
itliolil
It; 11 eh
!lll
21
... 'lit cMii uuly vi'tm 11 ail ;iMs\vi'r to the iiii-iiiDrliili'^ts ,>.imil,ir to that ^ivoii to ii I'T^'iil nuniiorial I'roin the inliiihitiiiits of tiio West Coast of Nowioundlaml, ^vliicli was truii.siiiii tcil in tin.' (lovcnioi'M (lospiitfli of :l,<j li'itli of Miircli lM!<t. Those iii'morialist.s, anioii'^'st othor thiii'TH, 1- (|nc.'*t"(l \'\'('o ni'ooss to tlu' Coast for tho imrpo.so of iiiiiiiii';-. whip- liuihlini;' and all othiM* o[»i'ralious, ami grants of hind Mnhaiiii>i'rod by oitain conditions whii'h woro then jvTonvd to.
Till* vv\>U' LTivcn to tho nu'ii'.orialists as to tVin; acci.'ss to th'.- (Joast ■'•r iiiinini; o|(L'ralii>ii.s. was to the clVoct that this matter was, to a L'reat extent, dealt with in the arrangement of 1SS'>, wliich, iiineh to tlie rogi'ot ^A' Her IMajo.sty'H (jovernment, was rejected by the New- Ibundlmd Lt-iislutnri! ; that until some fresli arrangement shonlddiavc licen made- witli the French in the matter of thi' llslierieK, sucli free :M'('ess as is ilesired for the [tiirposo lUcntioiitMl could not. he given by Her Majesty's (lovernment ; and with res[)ect to the (|ncstioii of the i.>sue ol grant- i>f land nnhann)ercd hy th(( conditions subjecting such nits to a rf'TrvjUioii in hi\(.-r of French rii'hts, tho memorialists \. ere inftU'ined that Her Majesty's) liovernment regretted that they were unable, in the pn sent position of tin' iMshery (Question, to n;eet the wishes of the memorialists. The memorialists w^-re, however, assured that any favorable ()[(j)ortunity whiidi migTit present itself for arriving at a settleiiicnt with ihe (lovernment of France of the general jUestion of the fisheries would not be neglected ]>y Her .Majesty's 'I'lVoniiritMit.
'J'lIF •• MODI'S VlVKNUl."
The next information that the p:>upi<' of Newfoundland I'eceivcd, r'-lative to the taking of Lobsters by the French, was in a publi'.' tele- -i\i!a received at the Athena'iim IJeading-room, on the 11th of March last, which state<l that '• Fnglaiid and France have agreed to }I plus ■' Vivendi with Newfoundland to extend right of lishing and canning ■■ r.r;bslers to ))arties unde'i" strict obligations not to molest each •■' other."
On the same ([a\ the following' messauio was sent ii\' the ' «o"\'ernor t') the .Legislative Assembly : —
!''i;'>M T. O'BiUKN, Lt.-Col., Cvernor.
•'• The (.iovernor herewith sends a telegram received from the Ivighl ITonourablo Secretary of State lor the Colonies, received on the I-th day of March present, relative la the modus tvVc// 7/ entered into Ijctween the British and Freneli -'■overnments, relative to the estab- ushnient of Lobster Factories on the coast of Newfoundland, where llie Frencli enjoy rights of fishing conferred by Treaties.
99
" Following i.s text of ''' iModii? Vivciuli," as agreed to : —
" The cjucstiou of pi'iiici[)le ami of rcspoctive rights being en- tiridy reserved on both side^, the British and French governments agree that the '• Statns ([uo ante" shall lie maintained dnring the en- suing season, (>n the following basis: —
'• Without France or Great Britain demanding at once a new ex- aniinalion of the h.-'jfalitv of the installation of British or French Lobster Factories on the coast of Newfoundlantl when; the French en- joy rights of fisliing conferred by the Treaties, it is understood that there shall be no modificatioiis iu the }>osition (K'cupied by the estab- lishments of cither country on the 1st July, 18S0 ; except that a sub- ject of either nation may remove any sucli establishment to any spot on which the Ci>m:uandt'rs (»r the two nival stations shall have [irevi- ously agreed.
'' No Lobster Fishei'ics which were not in operation on the 1st July, ISS'J^ shall be permitted, unless by joint consent of the Com- manders of British and l''rench naval stations.
" In consideration of eacli new Lobster Fisher}' so permitted, ii shall be open to the fishermen of the other country to establish a new Lobster fishery on some s^jot to l)e .^imiiarly settled l)y joint agree- ment between the naval commanders.
'•' Whenever any c;ise of ("ouii>etition witli r'^^pect to ;i Lobster Fishery arises, the Commanders shall proceed on tie- s[> it to a jirovi- sionai dieliuntatiou having regai'd to thi.^ situation acquired \\\ the two parties,
'•X.B. — ft is well innlerstood that this arrangement is fjuite ]n'ovi>iona!. and shall oidy hold good for the fishiiig season which is i\b()ut to ojien.
"C.overnmcnt lIou.>c. Mareh 1 lib, IS'.HI."
11
ACTIOX OF LKCISLATrilF.
Immediately uptni leeeijit oi ibis message the FjCgislative As- sembly adopti'd the following resolutions whit'h were ctnicui'red in by the l.egislati\e <"onn;'i! : —
'' 7tV.so/(vr/,--That, referring tt>!he assurances of Her ^lajesty's Go'vernujent that the lishinii' riizhts of lier ^Taiesty's subiects in New- foundland should never be interfered witl; except with the consent of the Legislatnii' of the Colony, and also rel'eri'ing to the Address of both bram-hes of tin- Le'^islature to Her ^Fo.st Gracieus .Alaiestv the Queen, passed during its last session, the Legislative Assembly has
23
rooeiveil with surprise and alunu the mothis rii:ciifli referred to in the nie?:-'age of His ExeoUciicy the Governor, Avhich a[)pears to be con- cliiihM.l by Her Majesty's Government with the Government of France.
'' liesolved, — That the permission in the moda^ di-cndi given to France, to erect factories, is most objectionable, being iiidicative of an apparent right which r<\illy has no existence, and that it is in direct opposition to the position lieretofijre taken by Her Majesty's Guveni- inent.
''' Resolrjd, — That the Legislative Assembly most emphatically pretos*- against the modi'i i;h'-inti^ as being calculate 1 to seriously pre- jmlice British fisliing and territorial rights.
'■'Rcsolvnd, — That a copy of these resolutions be iinmodi;).tely trans- i'\":ttcd to His Excellency the Governor, to b,' telegraphed to the Hisiht Honorable the Secretarv of State for the Ojlonies."
AVHATTHE PEOPLE SAID.
The information that this inndn^ ru-'endl had been agreed to l)y the IJritish Government without the consent of tlu people of Xt'w- foiuidland, and in f-ace of the strong xiddress so recently ibrwarded m the Secretary of State Jbr the (Jolonies, raised a storm of indignation ill the minds of the people. On the ISth of Marcii a public meeting etthe citizens of Saint John's was helu in tlie AtluMueam ILdl at ■.vhich the following resolutions, among others, were passed: —
Re-^olvcd^ — That the magiutnde of the concessions involved m tin- said modus Vivendi and the manner in which this arrangement leas bt'cn effected, imperatively demand the utmost unity of action and the most emphatic declaration of opinion and senlinunit on the part of the people of this colony, and we are therefore of opinion that a rwcdsition should be prepared, addres>ed to the Sherilf ofthe Central District, asking him to call a mass-meeting of the citizens of St. John's, at an early date, in order to determine the course of action wliich (he e\ig(Mi("i'v's ol the case demand.
R* solved ,—Th\\t a couimittee consisting of the Chairman and Sec- retary, and the seVeral persons who Inive spoken to tlie resolutions a(h)])tcd at tliis meeting, bo appointed to make all nocessarv arrange- Jiicuts for the said mass meeting, and that thi> said committee have pnwcr to add to their nuin1)ers.
2-4
THE MA>>S-MKKT1NG.
Till.' fnllowiiig li'oitleiueu composed the said ('oinuuttee : — lion. .Taines.l. Hm^im'sou (Chuinnan), .lanie.s Bainl, Esij., P. J. Scott, Esq.. (,).(', Sir .liiiues S. Winter, K.C. M.(l.. Jolni .Macl)i)iigall. Esq., M. Feueloii, Esfj.. D. J. (ireeiie, Es((., (,).(',, llev. (leorge Boyd, P. li. lioNvers, Esq., Nathaniul March, Ks(|., Sir Ivohert TliorlKirn, Iv.C.M.G., P. J. O'Neil, Es-i.. and James .L Calhman, Esq.
Ill accoi'ilance with the s;d<l resolutions a huge n.iiul)er o!' citizens were added to tlie Conimiltec and a mass meeting \\'as called by the Ilonouiahh' Thomas Tallot. Ifi^^h SlierilT for the Central District, ;iii(l was held in Bannei'man Park on Wednesday, the 20th of March, '{'he ilemonstration which [)receded the meeting was the mobt imposing which had Jever been held in Newfoundland. At this meeting the iidlowinii' resolutions were nnanimouslv adoi)ted, nnmelv : —
TllK \'\\\>T RESOLUTION
Was proposed hy P. d. Scott, Es'2., Q.C, seconded by Charles Trssiei;, E.s-)., and supported by I*kvi). (iKor/;i: i'ovn, and is a" follows ; —
•' WhcratH the neiz'otiatioiis leadiu'ji; to the adoption of the Modi!.' \'ivendi between Her Majesty's (lovernment and (he Government of France were comnuMiced and carried on, and the ari'angement itself concluded, without the consent, and even wiihout the know- ledge, of the community or Legislature of this colony.
'"' /I,'/'/ irJtrrr'.is it is a fundamental ]'rinciple of ]ies|.)onsible (Gov- ernment that the people sliall diii/c'ily. or through thcii' representa- tive's in parli:uneiit assembucL be eon.-ulted concerning all matters appertaining to their Co\'enunent, and more especially to their terri- toi ial ami maritime rights.
" .1//^/ trlit iciix the ai)[di('alion uf this ( 'onstitutiomd principle to this Colony has been especially guaranteed by Her Majesty's (Jovcrn- ment in a despatch bearing date the 'Joth ilay of March, A.D., 1807, stating '■' that the rights enjoyed by the community of Newfoundland are not to be ceded or excdiam^x'd without their consent, and that the constitutional mode of std)unlting ineasures for (hat consent is by lay- ing then) before the Colonial Legislature," and '"that the consent ol the comnuniity of Newfoundland is regarded by Her Majesty's Gov- ernment as the essential ])reliminar\' to anv modification of their ter- ritorial or maritime ritrhts ;"
" lU: it (hcniforc L''noli:td, — That tlie connncnceiiient. continuation and conclusion of the negotiations for the Modus \'ivendi without the knowledge and consent of the community or Legislature, are in direct violation of our Constitutional rights, and of tlie [lartieubir engage-
25
[on.
r. i{.
M.C,
iiiiMil with tlu' |)t'()|)lr of Newfouiiciliind which Tier Majesty's Gavern- ]!ioiit V(jlunt;U'il\' made; aguiu.st which viohitiou we record our most eanu'st j^rotest, ;i.i(l to wliioh we as a free people will never consent."
TJJE SECOND lUvSOlAJTLON
Wa^ proposed hy Siu .1a.mi;s S. Wixti:i{, Q.C, K.O.M.G., seconded by .Iamks Baird, Esq., and supported by Ei^jAU R. Buwuixc;, Esii., ami i-> as follows : —
'*' Wlierras the claiuis put forward by the French (1 ) to eatcli and prosorvo Lobsters, (2) to erect Lobster factories, niul {))) to exclude !n!:* people from the prosecution of tliat industry, on certaiti parts of our coasts, are utterly witliout foundation or show of reason.
''.1/^// Wlnrca.s the exercise of such claims involves, in its con- Si'([ii"neos, not only directly thi.* deprivation of our people of a valuable UKiritime industry, but also indirectly the settlement of a, new French p(;[)ulation ^vilh a permauent looting upon our soil, the locking up of ;!ie territorial resources of the colonv, the extinction of everv valuable industry and source of wealth to our peo[)le, and the virtual transfer oi' [lie sovereiii'ntv of the soil to a torei2:n ixjwer.
•'•' And ichcrcn.s the terms of the so-caUed iwytha riccmU not only accord to these unfounded pretensions the tbrce and fitntu^. o\^ bnuijile ind reasonable claims, but confer upon the French the inunediate iictual possession and eujo\inent of rlglits, territorial and maritime, to uliich these claims ludate.
'' And ic/uiYds these concessions, fraught as they are with dangers ;nid conseijuences to our most sacred rights and most vital interests, .so .•3tu[)oudous and far reaching, are cutirelv incompati]>le with the pro- p 1' and elfective nniintenance of that })osition which unquestionably brlongs of I'iglit to this colony and its people.
" Ami irJareas the terms of the present' arrangement clearly pointi lu some contemplated settlement of disputes with the French, and in which their claims not onlj' to further fishing privileges on our coasts, but to the permanent occupation and sovereignty of the soil, will be, 0' may be conceded.
" Be if fheref'ji'e llt.-'o've'l, — That tor these further reasons, this meot- 'wv.^ indignantly protests against the nniking of this arrangement; that the claims now set up by the French in relation to the Lobster fish- ery ought to have been met only by an absolute and nnqualitied <.lenial ; and that t no arrangement, either for arbitration or other- wise, involvinix even the consideration of anv nossible riirht or .daiiu on the part of the P'rench to catch and preserve lobsters on our coast, to erect factories on our soil, or to hinder or interfere with onr people ill the i)rosccution of that industry, will we ever give our consent.
26
THE THIRD llESOLUTfON,
Proposed by 1). J. Gkicknk, P^S(^, Q.CM.L.A., seconded by Alkxandu; M.vcDoufiAi.L, Esq.. nnd .supported by M. II. Cautv, Esc^., M.L.A., wan as folio wy : -
" W/!C)r(/.^ it is iipi);iiviit that developnieut oi' tiie great natural internal resources oftbis eulonj' is necessary to provide it.s inhabitants with the means of livelihood, and to stay the tide of emigration from our shores.
" Ami ) vherea s mWwixys projected in order to promote the develop- ment of these resources, and necessary thereto^ will entail great bm- denfc upon the people of the colony.
'• And v:]i(rr/(n that })orti()U oi' the Island a])on the coast of whici; the French have certain fishery rights is rich in agiicnlturalj niiniu;.: and lumbering capabilities.
" And irhermH llnj rights and claimsof ilu; Er'-nch upon tlnitcoast are enforced in such mauner as t(j lU'event the development of tbese <jjreat resources by the iidiabitants of the co'.ony, grants of laud and miu.erals beinij jriven • subject tc^ Frencli treat\' riiibts.' \vliereb\- cani- lalists are prevented from invc^sting.
" And inhrrcas tbe presence of Ereneh fishci'meu upon our coast. and their denial of our concurrent rig'it to fish for cod, am! of ouv ex- clusive rigbt to take lobsters, give cause for daily ([Utirrels in tbe fbs!!- ing season, and much opj)r(\ss our risbermen
And ii'lifrc'c^ tbe ti'eati
L'S
UU
d(M' which t!)e lM;Micb liaN'c I'l'-'liN
and S'M. up claims were uinleniably framed, Mi;)re than a century ago. solely with a view to tbe exigeiu'ies of the Kingdom ot (Ireat IJvitaiu and Irelaml, and without regard lo tln^ condition of alfaii's whicli tiuie has brought about in this colony.
Jiv if ilimrfotr yi-<()ln'd — That it is absolutol\- necessar\' to tb >
a
prosperity of ibe inhabitants of this (>olony t bat tbe last vestige o French rights shall bo removed.
a <v
That it is the imperative duty of tbe British government to re- lie\'e \\r^ (.>f tbe burden placed upon us by tln^ sauio agency so nuDiy years ago, and under wliicli we have so long sulfered,
" Tbat no avl)itration or otber ari'angement should b'.' entered into between the British government and the governnumt of France, v^ hich does not have as a basis tbat French claims to territorial aud maritime riLrbls iu tliiscolonv are to be tolallv extimiuishcd.
'• And tbat the Legislature, and the governui}!!! of tliis colony .•^uould ne\ •:•;■ consent to the commoueement, prosecution or conclusion of auy an-angeuient wliieh does not have ihe aforesaid cenditioii as
ih
e essential ure
lim
niarv
27
THE FOURTH RESOLUTION,
I'ruposcd by Maurice Fenelon, Esq, socoiuled In- P. R. liowEic-, Hsn., and supported by M. J. O'Mara^, Esq., was as folhnvs: —
'' Whereas it is desirable that united action of the people of New- foiiiidland should be had in protecting the rigiita of this colony against ill'.' encroachments of the French •,
" iiV.wj/tW, — Tlhat tlie cotiuuittee who have had chariio ot the iirraiigement.s oftlnn meeting shall have power, —
1. To invite the co-operation of the people ot the outports;
To prepare a Memorial to Her Most Gracious Majesty the Queen, and to both Houses of Parliament, in acoonlance with the foregoing Resolutions-,
To choosi." Delegates to present said Memorials, and to place our case before the people of (Ireat Britain and [re- land and the British Colonies:
To adopt such further measures as may be deemed advis- able for the promotion of the objects of this meeting."
»)
I.
APPOINTMENT OF DELEGATP^S.
At a subseqnentMneeting of the said 'Committee, the following iv>-ohitions Avcre unanimously adopted : —
I\e.suh:ed, — That a delegation consisting of Sir J. S. Winter. (*.(', K.C.M.G., P. J. Scott, Esq., Q C, and A. B. Morine, Esci., M.L.A.; i)i; ap{)ointed to proceed to P^ngland to lay the case of the pou[)]t.' i>f t!i(- Colony before Her Majestx's (Government a.nd to enlist the sn[)- jioit of the Briti.sh public.
Iicsolretj, — That a delegation consisting of D. d. (iuKFNE, E>(j., ^KC. M.L.A., P. R. BowER.s, Esq. and Doxalo Moimso.v, E,s(i., M.Ti.A., 1)0 appointed to proceed to ('anada to enlist the supi)ort of the Cana- dian people.
En coU'duding thi;: brief summary W(i do not j>ropose to add any- tliiiig to the foregoing statement of facts, a)ul are satisfied to abide by tlie judgment of the candid reader as to whether our grievances are \> I ll-iound('(i. \\\' ask that j'li.'^ticc shall he done to the' pe<'.[)!<.' of Nfufoundland in this nnitter, and that the [)ie,-ent intolerable condi- tion of aflairs shall I'C remedied. The bindens under which the ])eo- pit' of this eolony hibur have not been of their own making, lint ai'o the rcsalt ot circumstances for which they are not r^■spon^il)le. A c'ntury ago, whoii the ecdony was merely a (ishing-.'-tation, \v!u'n settlement was prohihited by law, ami the policy of tlio Mutl'.er (')iintry was to prove. it devflopniont i)i every direction e.\cept tliat
28
of tlie n.>^1icri(\s sucli ;i coiulitiou uf jiU'iirs might not spocially de- miind attention, but nnilor the itltertnl circuuistiincos of the age in 'wliicli wo live, it calls londly ibr remedy. Newfoundland is the oldest and one of the most valuable jow^els of the British Crown. Situated in the direct path <>f commercial traflic between the Eastern and Western homisplieres, and commanding the entrance to the Great British North American provinces, it is of the utmost importance that Newfoundland should bo free from the claims of any foreign nation. In no other British colony would such a condition of aiTi'.irs as exists in Xewfoundland be. tolerated for a moment. While we see oui' territory invaded by a foreign nation, our re- sour<;es locked up, our fi.-hcrles ruined by unequal competition, and our population compelled to leave tlie land of their birth in search of a livelihood, we arc powerless to remove the cans.' of these evils. For considerations of Imperial policy our interests as a colony are being sacrificed, and in our hel])leHsness wo appeal to our British fellow- subjects lor their sympathy and as.sistance.
For the delegates who go to present our case we ask the most cordial co-operation, and with the earnest hope that their ellbrts may be eminently successfid we sul)scribe ourselves.
On liehalf of tlic Committceo of the people of Nt'wfoundland,
Y<)ur's lics[iectfully,
JAMES J. ROGERSON,
Clialruiii).
.lOHX MACDOUGALL,
Secretary.
\y de- age ill is tho IJrown. Eastern to the Litinost of any tioii of oment. our re- )ii, and arch of L For .' being fellow-
:ie most :ts may
nd,
N, ,
lalriiiw.
L,