2x ; - % VD Ac : Gr. [3 rip. (3 lo V1 ‘A { )) Ep a4 oO fe Jie (1 ie CONFIDENTIAL. Convention with France relating to Newfound- — land Fisheries. (Bound with ifs Memoran dum. of Information ree) THE rights of fishery on the coasts of Newfound- land at present secured to the French by Treaty, Treaty of Utrecht, consist of the right to catch fish and dry them on Artiel : iti iti pe Seer land undisturbed by British competition (“ concur- Declaration of 1783. rence’), between Cape St. John and Cape Ra passing by the north ; (the French fishing district, or, as it is usually called, the ‘French shore,” thus comprising the entire western coast 300 miles long, and about 100 miles, in direct distance, of the eastern, or, in all, about half the - entire circuit of the island:) the right to the Declaration of removal of all British fixed settlements (“ établisse- Peet ments fixes”) between the same limits ; the right to” erect wooden stages and huts for drying purposes ; and the right to cut wood for the repair of these erections and of their fishing vessels. The French are bound to adhere to the plan of fishery “at all Declaration of times acknowledged,” and not to winter in the Wie island. These are the provisions of the Treaty of Utrecht (713 13) as renewed, with certain changes, mostly in in favour of the French, by the Treaty and Decla- ration of September 3, 1783, which latter engage- ments were renewed with peace in 1814 and 1815 (as they had been i in 1802 at the Peace of Amiens) ; the Treaty of Peace of 1814, renewed by that of Definitive Treaty, 1815, having replaced “the French right of fishery tote os upon the great bank of Newfoundland, upon the coasts of the island of that name, and of the adjacent islands in the Gulf of St. Lawrence, on the footing on which it stood in 1792.” In the working of these Treaty privileges of the ~ ee| B ceed He el LE ee 2 French on the British coasts of Newfoundland, there have arisen various questions of right, and points of practical difficulty and inconvenience :— 1. Inthe first place, there is the question whether the French right of fishery is exclusive or concur- rent. tll This question, which is often supposed to have sprung from the ambiguous language of the engage? ments of 1783, in reality goes much further back. The Treaty of Utrecht, and after it the Peace of 1763 (which in this respect simply renewed the former), gave the French their right to fish and dry, without terming this right either exclusive or concurrent. The French frequently attempted -to treat it as exclusive, but without success. The British Government, while these Treaties remained unchanged, denied any but a concurrent right, and the British fishermen, though not without serious collisions and contests for possession with the French, continued to use various portions of the ‘“* French shore ” upto 1783. Inthe peace negotia- tions of 1783 the French Government began by pressing for the recognition of their exclusive claim, but they finally gave up the word ‘‘ exclusive,” and accepted instead the guarantee, in the decla- ration, against “disturbance by competition.” But the Treaty of 1783 was no sooner made than the whole question arose in this new shape, ‘what was the difference between a fishery thus guaranteed against competition and an exclu- sive fishery?” The local authorities were left for the first year or two without instructions, and the consequence was that the old collisions and contests for drying sites were renewed. ‘To put an end to these, orders were given to the Governor by the King in Council, in 1786, to remove all British subjects, with their vessels and property, from the French limits, leaving the coast in exclu- sive possession of the French. And in 1788 an Act of Parliament, 23 Geo. III, cap. 35, was passed to authorize the measures of removal, some doubt of the legal power of the Crown to adopt them having arisen. The French preserved their exclusive posses- sion, thus began in 1786, till 1793, when war broke out again ; were restored to it in 1802, at the See Office Memo- randum of 1787; and Mr. Fox to Duke of Manchester June 1783. Royal Instructions, June 1786. 3 Peace of Amiens, by proclamation of the Governor ; again in 1814, by similar proclamation ; and again in 1815, by the spontaneous departure of the British fishermen, without any proclamation ; and they have preserved the same exclusive possession to the present time. The British fishing-firms of New- foundland, on the ground of there being no procla- mation or law (which, in fact, there has not been to this present time since 1815), nor any express provision of Treaty, requiring their relinquishment of the fishery, have from time to time since 1815 made various attempts to fish within the French limits. But the French cruizers have always driven off the vessels by force; and our ir Government at home, th though denying | denying the exclusive right of the French i in the abstract, and also their right to use force against our fishing-vessels, have never practi- cally interfered; the French fishermen continuing to the present time to enjoy their exclusive posses- sion, and the French authorities to enforce it, between Cape St. John and Cape R: Ray. The unsettled state of the claim, and the deter- mination of the colonists (which is not surprising) to keep it alive, have at times produced considerable anxiety, though no serious difference has yet arisen with the French Government on the subject. The British carry on a considerable herring-fishery on the western coast, which being mostly a_winter or early spring fishery, is generally finished before the French arrive on the coast. In 1852 a French cruizer arrived earlier than usual—perhaps_ pur- posely—on this coast, and drove out to sea a large number of British vessels, from Newfoundland and other Colonies, employed in the herring fishery in St. George’s Bay. Serious complaint: was made from the Colony, and much anxiety was felt at home on the subject, but the matter was not pursued by our Government. 2. Another difficulty in the application of the treaty engagements relates to the British obligation to remove fixed Settlements. This question, like the last, though the stipulation first occurs in 1783, goes back to an earlier period. Newfoundland was at first colonized like other parts of British America, under successive charters ~ ws aeaneneaienne. 4 from the Crown, beginuing from the time of Queen Elizabeth. But by a series of instructions of the last century from the King in Council, founded _.. upon the provisions or supposed intentions of various Acts of Parliament of the same period relating to the Newfoundland fisheries, all fixed residence and fixed property whatever, and everything like coloni- zation, British or French alike, was prohibited throughout the island, French and British portion alike (with certain exceptions to meet the case of Settlements, such as St. John’s, formed before this policy was adopted) ; the object being to keep New- foundland as a fishing-station for vessels from Europe, and so to “make it a nursery for our home seamen, instead of its becoming a Colony of local fishermen. This policy dates from the Act of 9 & 10 Wm. ). III, which first gave the adventurers from — Europe rights to the exclusion of the settled inha- bitants of the island. The regulations required that the coast should be left entirely vacant in the winter, and that the several fishing vessels from Europe, British or French, should have the choice of drying sites according to priority of arrival in each season ; but, practically, there was a tendency to fixed settlements, especially on the part of the British. The French frequently obtained orders from the British Government, before 1783, for the discontinuance of such settlements, which kept out the French fishermen; and the Declaration of 1783 confirmed the French right to their removal, whenever formed within the French district, in express terms. ‘The system being at the time what it was, viz., one prohibitory of all fixed property whatever, it was of course not thought necessary in 1783 to specify any description of settlements, or any limits inland, for the right to removal. This peculiar system of fishery from Europe, with prohibition of Jocal settlements, which must have been at all times difficult strictly to enforce, and to which, as above mentioned, exceptions had been from the first, and of necessity, tolerated, fell into general. disuse, in the long war between 1793 and 1815; and though the Acts of Parliament and Instructions discouraging local fisheries and prohibiting settle- ment were not entirely repealed till 1824, a Colony had, in fact, grown up long before that date, whose 5 fishermen were gradually replacing those of the United Kingdom in the local fisheries. It was thus found, in 1815, that a certain amount of population with fixed buildings had grown up on the French shore,as in ether parts of the Colony. Orders were given by the Secretary of State, in | 1815, that these buildings were not to be disturbed | for the present. Not having been since objected to | by the French (beyond occasional instances of removal of fences or other erections by French officers), the settlements have continued to increase, and now comprise some thousands of inhabitants for the whole French shore between Cape St. John and Cape Ray. The principal settlement, which contains about 1,500 persons, is at St. George’s Bay. Our Government, with some hesitation as to the Treaty permitting it, has latterly (since 1849) authorised resident police authorities 5 to. be established for these settlements, which were for a long time without them, and it was only in the year 1854, and after similar hesitation, , that they were included in in the sions ecg this pur pose. The veeause i cont of the settle- ments carry on a certain fishery, in the French season, but this being done for their own consumption and “not for the export trade, the French do not seem to object to it, though at times levying a tribute in the shape of a portion of the British catch. Though no serious question has as yet arisen with the French Govermment on the subject of these settlements, it has long been considered a matter on which an arrangement by Treaty was desirable, not only in order to prevent dispute, but to liberate from the defect of title, hanging over all Il occupation a of portions s of the coast (which the lower 100 or 150 miles of the western coast is) of a hi a highly - improvable character, and better. v adapted by climate and fertility et for colonization than | almost any y other part of the island. ae a 3. Another point on which the operation of the Treaties has been attended with difficulty, is as ‘to salmon and other river fisheries. The French,as our own Law Officers have admitted, and as the practice seems to have always been, are not aa, C a { 6 limited to any particular kind of fish, and may there- fore take salmon as well as cod. The The question is as to their right to enter rivers, and to oO avhatidistancenter the purpose. Nothing is said in any of the Treaties on the point, the French fishery being only described as one “on the coasts.”” But the series of Royal Instructions sent out to the Governor between 1783 and 1793, authorize the French being allowed to fish half-a-mile above the mouths of rivers, but no farther : the Governor being required to seize French nets and implements beyond that point. There is a considerable salmon fishery carried on by the British, in the rivers between Cape St. John and Cape Ray, principally, it appears, by the fixed population ; and serious complaints have been at times made of French interference with this fishery. Our Government appears to have adopted no measure of protection, since the Peace, in the matter, and it is to be feared that there is much French encroachment in rivers, not justified by the Treaties, though long usage may now be pleaded for it. 4. Again, a question has arisen whether the French rights of fishery extend to the smaller | islands, three of some importance—North Belleisle, South Belleisle, and Groais, adjoining the main island of Newfoundland: this island alone being mentioned in the Treaties, and not any other. As to South Belleisle and Groais, which lie within the direct line between Cape St. John and the northern extremity of Newfoundland, the exclu- sive possession of the French has extended to these islands, with but little disturbance from our fishermen. A fishing establishment was formed on one of them a few years since by a Mr. Crockwell, and became the subject of complaint from the French, and of correspondence between the Home and Colonial Governments. The local Attorney-General was of opinion that the Government had no legal power to remove “fixed settlements,’ except on the Island of Newfoundland itself; but no practical difficulty arose, Mr. Cre Crockwell having abandoned his esta- blishment, it appears, in the midst of the dis- cussion. As to North Belleisle, the French at one time —— ; i fished there also, but they were driven off by our cruizers in 1841, and have not since re-occupied this fishery. 5. The French are bound by the Treaties to quit the coast *‘for the winter,” without any dates being * fixed for their. departure or arrival. Some anxiety has been felt in the Colony, lest they should gra- dually advance their period of arrival, so as to enable them to undertake the seal fishery, which is an early spring fishery; but no practical question has as yet arisen on the point 6. Another subject, not involving any question of right with the French, but which has been much under discussion with the French claims, is that of _bait. The French supply themselves with herring “and. caplin as bait for their bank fisheries to the southward of Newfoundland by purchase trom the British fishermen on the southern coast, where these fish abound, and where the French are without right to fish. This traffic was prohibited by an Act of Parliament of the last century, now obsolete. To replace that Act, a Local Act was passed in 1845 imposing a heavy export duty on bait, to prevent or check the traffic; but this law has never been prac- tically enforced, the traffic going on to the present time without interruption. The French pay our fishermen for bait, it is said, as much | as 20,0001. annually. There is now less probability than ever that the prohibitory law will ever be enforced, the fishermen of the southern coast having now their representatives in the Assembly, and also because of the recent extension to Newfoundland of the Reci- procity Treaty of 1854 with the United States under which the Americans can now take every kind of fish throughout the southern coast. Governor Darling observed, in 1856, that the only effect of enforcing the law now, would probably be, not to stop the traffic, but only to take it out of the hands of our fishermen and to throw it into those of the Americans. b The Americans, by tle Convention of October 1818, obtained the right to take fish of every kind ‘‘in common with British subjects” (but without any right to land) on the entire western coast, from ——— 8 Cape Ray to the Quirpon Islands. This arrange- ment, which is still in force (the provisions of the Reciprocity Treaty of 1854 being “an addition” to those of 1818), complicates the question of the French exclusive right. Several American vessels, in 1821 and 1822, endeavoured to fish on the western. coast in pursuance of the Convention, but they were driven off by the French cruizers, like our own. A diplomatic protest was made by the United States’ Government against this proceeding, but the attempt to fish has not been renewed since. The recent Convention with France was designed to put an end to the various inconveniences and questions of right above described, including, as far as might be, the complication as to the United States, and, generally, to define all uncertain points in the fishery relations of the French and British on the coasts of Newfoundland. Negotiations, with a view to an arrangement on the subject, were begun so far back as 1844, when Commissioners were appointed by the two Govern- ments to discuss the matter in Newfoundland, the French Commissioner being Captain Le Fabvre, of. the French navy, and ours, Mr. Thomas, a New- foundland merchant of eminence. No result having ensued, the negotiations were next removed to Paris, where Commissioners met in 1846, Captain, Le Fabvre, as before, on the part of the French), and Sir A. Perrier, British Consul at Brest, on ours. This meeting was again without result. In 1851 (nothing having been done in the meantime) the French proposed the resumption of the negotia- tions in consequence of a recent collision between the British and French fishermen, the object being, as Count Walewski observed, “pour mettre une terme a ces luttes incessantes, et déterminer nette- ment les droits de chacun.” Sir A. Perrier accord- ingly met at Paris in 1852, a new French Commis- sioner, M. le Bon, who, however, only produced entirely inadmissible proposals. After this, a pro- longed discussion took place, developing great differ- ence of opinion between the Colonial and Foreign Departments, the Local Government, and Sir A. Perrier, as to counter-proposals to be made to the French Government in reply to those of M. le Bon. In the summer of 1856, the matter being still no 9 farther advanced, it was agreed between the Govern- ments to resume the negotiations in London. Captain Pigeard, of the French navy, arrived as French Commissioner, and after a prolonged nego- “tiation, the result was the Convention signed on the {4th January, 1857, and ratified two days after- wards, This Convention, according to provisions within it, being held subject to adoption by the Local Legislature of Newfoundland, it was sent out for their decision in a despatch from Mr: Labouchere dated the 16th January. It was rejected unani- mously by resolutions of both Houses of | the Legis- Jature in the course of February. The principal changes from the existing state of things, provided for in the Convention, consist of the admission of the British to the right of concur- rent fishing (but without use of strand above Rock Point) on the entire western coast, from which they are now excluded ; except at five. reserved harbours, where the French are maintained in their exclusive right to a distance of three miles from the centre of each harbour; thus opening about 270 miles of coast to the British, and reserving 30: and the admission of the French,on the other hand, to the right of concurrent fishing at North Belleisle, with use of ‘the SaiienGbealy with the British, and on about 80 miles of Labrador, without use of the shore, on which coasts—both Labrador and the island— they have at present no fishery rights. The Local Legislature strongly object to these changes, partly because of the inferiority of the cod- fishery on the western coast to that on the Labrador and at North Belleisle, and also on the ground that there is practically no difference between concurrent rights and exclusive rights in the hands’ of the French, It is argued that our fishermen are unable to pursue the organized and _ superior system _of fishery, fostered by the French bounties, and that wherever the French and British come together the former will sweep the coast _of fish with their large nets s and “ bult “ bultows,” and leave none for the latter, The withdrawal of the British fishermen, sinee (about) the year 1824, from the Banks (which are open to both parties) is cited as an instance of the inability of the British to maintain a concurrent fishery \ with the French. stat _wNtS = 10 A more favourable reception of these provisions by the Colony might have been expected for the following reasons : The Colonial Legislature, by their Act of 1855, adopting the reciprocity Treaty with the United States, admitted the Americans, who are also supported by bounties (if of less value) to all the British sea fisheries throughout Newfoundland. 2. Mr. Archibald, the local Attorney-General, who advised the Colonial Office on the subject: in 1853, saw no objection to concurrent rights on the western coast. 3. Mr. Thomas, of Newfoundland, when opposing concurrent rights in }844, did not do so on the ground now taken in Newfoundland, but only because of their tending to collision. Now collision is pro- vided against, in the Convention, by the regulations to prevent it, to be framed by Commissioners, and also by the assignment to the parties of entirely separate portions of strand, on which to dry and cure veh Thecligls @eesphoncar Now Belleisle). The old contests, be it observed, were for drying sites rather than for sea room. “Ve sone 4. The comparatively’ little use of the Banks by the British (which is observable from a very early period) may be attributed to their finding the shore- fishery more profitable ; and whatever Bank-fishery they have relinquished since 1824 has been more than made good by the immense extension of the seal-fishery. 1s 5. The fishermen of Bryant’s Cove, Newfound- land, represented to the Local Legislature, some years since, that certain regulations only were required to enable them to o use the bultow, which they ay called “the poor man’s friend.” It would be in the power of the Commissioners under: the Con- vention to frar ‘ame such regulations. G6. A considerable extent of concurrent fishery has long been practised by the French on the Labrador, by agreement with the British fishermen : _ the French usually giving the latter the cod’s livers as the price of the permission to fish. A 1eport of 1856, from Captain D’Eyncort, of Her Majesty’s ship “ Pylades,” stated that this went on with a perfect understanding between the two sets of , fishermen. a 11 7. Against the inferiority of the cod-fishery on the western coast, has to be set the value of the herring fishery, which would be no longer limited to the winter, and the fact that the coast opened to the British, if inferior as fishing ground, is far greater in extent : 270 miles of extent na opened to the British by the Convention, and to the French only 80, together with North Belleisle. The Legislature particularly object to the pro- posed concurrent fishery at, North Belleisle, because the fish strike in there, on their way to the Labrador ; and the French, it is alleged, will be able to intercept them, if exercising the proposed right. Yet Mr. Thomas, who was well acquainted, and personally connected with the fishery interests of the colony, offered the French in 1844, not merely a concurrent, but an exclusive, fishery at North Belleisle. The Convention recognises the French exclusive right from Cape St. John to Cape Norman at the northern extremity of the island, including the islands of South Belleisle and Groais. This is only a confirmation of the existing state be_of possession, which has lasted, as above explained, since 1786. Yet the Legislative Council, standing on their extreme claims, complain that by this arrangement “ the subjects of Great Britain are to be deprived of all their concurrent rights between Cape St. John and Cape Norman.” The Convention substitutes for the indefinite’ French right under “existing Treaties to _use_the shore, with removal of all British fixed settlements, an exclusive e right to use, for fishery purposi oses, a strand half a-mile wi wide from Cape St. John to Rock Point: all the fertile” ‘and_improvable coast below that point to Cape Ray being relieved of all restric- tion, except at the reserved harbours, where a strand of one-third of a mile in width, and co-extensive with each harbour, is reserved to the French. In the rivers, the right of the French is recognized as high as as the salt-water between Cape St. John and Rock Point; but below that point, only up to half- a Alo ee ay The French officers are at liberty, under the Convention, to expel British vessels and remove buildings, where the exclusive French right is recognized, but only in the absence of British E . 12 authority ; and the full value of buildings of older date than five years, must_be_ paid by the French Government before they can be disturbed. The French ‘right t to cut wood, at present quite indefinite, is limited by the Convention to unoccupied land between Cape St. John and Rock Point, and to the SLM een ape Sb J Gum audeivock: Eoin specific distance of three miles from the centre of each reserved harbour below that point. These various arrangements, which are mostly definitions rather than changes, are all considered injurious innovations by the Local Legislature ; parti- cularly that. for the removal of buildings, or, as the Assembly term it, for the expulsion of British subjects from their homes. The Local Legislature do_not advert to the provision for compensation, the effect of which would undoubtedly be to prevent the removal of any existing building of five years’ date. In 1853, Governor Hamilton and his Executive Council expressed their concurrence in the nearly identical arrangements then proposed ; and he added that the proposed powers of summary removal by French officers appeared, as guarded, unobjectionable, though he considered them unnecessary. Mr. Archibald, the Attorney-General, fully concurred in giving the powers, as a better arrangement than the inevitable alternative of their being exercised, as heretofore, without legal authority. The Convention fixes the French season, at present undefined, at six months, to begin 5th April and end 5th October. This is complained of by the Legis- lature as “an extension ;’ but Governor Darling reported in 1856, in a Memorandum concurred in by his Executive Council, that ‘‘by immemorial practice” the French season began about the 15th April and ended about the 10th October. There is, therefore, no real extension. Lastly, the Convention secures to the French the right of purchasing bait, with the right to fish for i it themselves, if the supply by purchase fails; and the British Admiral on the station considers their claim to doso, good. These provisions were intended only to make the French secure of the continuance of the existing practice of supply; but they are strongly objected to by the Local Legislature. The Assembly observe, that. ‘‘ to require that we should consent to legalize a traffic so suicidal to our interests is most unreasonable.”’ This opinion, agreed to unanimously Sections 19 and 20 of Governor Hamilton’s des- patch No. 67, September 28, 1853. Memorandum of Governor, inclosure in despatch No. 66, July 23, 1856. Address to Mr. Labouchere, March 1857. 13 by the House, was, perhaps, the least to be expected of all the objections urged against the Convention, as Governor Darling’s Governor Darling proposed in a despatch only last No. 66, July 23, 2 : 1856. year, that the traffic should be legalized, as it could not be stopped, and this proposal, it would appear Governor Darling’s from another despatch, met, at the time, with the te July 28, unanimous concurrence of the Executive Council, who command a majority in the House. May 10, 1857. ——— Me £ e cot gt ata as > FOE See , ee ee + a“ CONFIDENTIAL, ABRARD Vv SEP 6 1939 x So mn ASI TY oF VS Memorandum of information relative to the French Fisheries at Newfoundland. THERE are at Newfoundland three distinct fisheries for cod, prosecuted by the fishermen of France, under various Treaties and Agreements with England. The first of these is the fishery upon the Grand Bank of Newfoundland, and upon the lesser banks near St. Pierre and Miguelon, which is carried on in the open sea, at some distance from land, in vessels of large size, and may properly be designated the ‘‘ sea-fishery.”’ The second is the fishery in harbours upon the east coast of Newfoundland, between Cape St. John and Cape Norman. The cod are always found in these harbours during the season, and from the fixed character of the fishing, it is called by the French the “ sedentary fishery.” The third is the fishing in the bays and along the west coast of Newfoundland, from Cape Ray to Cape Norman, as also in the Gulf of St. Lawrence. From the incessant movements and migrations of the cod in the gulf, it is necessary to pursue them to their various feeding and spawning grounds. Hence the taking of cod on the west coast, aud within the gulf, is designated by the French a ‘“‘nomade fishery,” and the mode of fishing is styled ‘en détilant le Golfe.” Each of these fisheries is fostered and sustained by the following bounties, established and made payable by a Law of France, passed 22nd July, 1851, which will continue in force until the 30th June, 1861. [355] B eh eR EE ———————————— —- ee 2 I. For each man employed in the cod-fishery (with drying), whether on the coast of Newfound- land, at St. Pierre and Miguelon, or upon the Grand Bank, 50 francs. 2. For each man employed in the cod-fishery on the Grand Bank, without drying, 30 franes. 3. For dried cod, of French catch, exported directly from the place where the same is caught, or from the warehouse in France to French Colonies in America or India, or to the French establish- ments on the west coast of Africa, or to trans- Atlantic countries, provided the same are landed at a port where there is a French Consul, per quintal métrique (equal to 2203 lbs. avoidupois) the sum of 20 francs. 4. For dried cod, of French catch, exported either direct from the place where caught, or from ports in France, to Kuropean countries or foreigu States within the Mediterranean, except Sardinia and Algeria, per quintal métrique 16 francs. 5. For dried cod, of French catch, exported either to French Colonies in America or India, or to trans-Atlantic countries, from ports in France, without being warehoused, per quintal métrique 16 francs. 6. For dried cod, of French eatch, exported direct from the place where caught, or from the ports of France, to Sardinia or Algeria, per quintal métrique 12 francs. 7. For cod-livers which French _ fishing-vessels may bring into France as the product of their fishery, per quintal métrique 20 francs. The Bank, or Sea-Fishery. The sea-fishery upon the banks of Newfoundland is prosecuted either with or without drying the cod. When the fishery is without drying, the cod are salted on board the fishing-vessels, and each vessel sails for France as soon as its cargo is completed. The produce of this fishery is entirely consumed in France, and it is there called “la morue verte.”’ This mode of fishing employs fewer men than the fishery with drying ; but yet its returns are far more abundant. 3 When the sea-fishery is with drying, the cod are are taken on shore, either at St. Pierre and Migue- lon, or upon some part of the coast of Newfoundland where dryiug privileges are reserved, and are there cured in the ordinary manner. The vessels engaged in the bank-fishery (thence ealled “ bankers”) are from 150 to 500 tons bur- then, and upwards. They are not permitted to sail from France before the Ist day of March in each season; and they first proceed to the Island of St. Pierre, where they procure a sufficient supply of salted herrings and capelin for bait. They then proceed to the banks, where they lie at anchor, in about forty fathoms water. Long lines, with several thousand hooks attached (called, by the English, ‘“ bultows,” and by the French, “harouelles”), are sent out in every direction. Of all kinds of fishing, | this is the rudest and most exposed. The boats are sent out every day, in the heaviest seas, to set, and again to take up, these long lines. It is alleged by the French that this fishery is the very best school for sailors, and that the men trained in it constitute the élite of the French navy. By an official Return, published in France in 1851, it appears that, during the preceding five years, the number of vessels engaged on the Grand Bank in the fishery, without drying, was 95, of the burthen of 13,703 tons, and employing 1,560 men. During the same period the average number of ‘‘ bankers” engaged in the fishery with drying, was 43, of the burthen of 5,846 tons, employing 1,703 men. It is believed that, more recently, the number of vessels engaged in the bank fishery, with drying, has considerably increased; the latest Return the writer has been able to procure showing 51 vessels, of the burthen of 7,066 tons, employing 2,150 men. In the fishery without drying, the number is said to have increased even more largely. The Coast Fisheries. The French fisheries on the east and west coasts of Newfoundland are regulated by a Decree dated the 2nd of March, 1852, of which an abstract is hereunto annexed, marked No. 1. To this abstract 4 special reference is made, as it describes with preci- sion the various modes of conducting the fisheries, both ‘‘ nomade et sédentaire.” Under the provisions of this Decree, a meeting took place at St. Servan on the 5th, 6th, and 7th of | January, 1857, of the “‘ armateurs” of vessels engaged in the Newfoundland fisheries, which was presided over by M.de Bon, Commissaire de Marine de premiere classe, and M. Mazéres, Capitaine de Vaisseau, com- mandant la division navale de Terre Neuve. At the close of this meeting, during which many inte- resting discussions took place, there was the “ tirage- général” for fishing-stations on the east and west coasts of Newfoundland ; such stations or places to be held for the next five years, or until 1862. The number. of vessels, of all classes, entered for the ‘‘ tirage-général,” in 1857, was 117 only; whereas at the drawing of 1852, the number was 164; thus classed in each case :— January January 1852. 1857. Vessels of 1st series ai ees | 82 >» 9). . 2nd series me, 48 26 » » ord series - 15 houses, and recéived no wages, getting their food only. This was scanty, and of the poorest descrip- tion, on which an English fishermen could scarcely exist. The “ fishermen” have very low wages in addition to their rations, and some none at all—only a small share of the fish caught: they engage in France to go out to the fishing-ground, whenever it can be done, with double-reefed sails. The Prud’homme has an allowance from the ‘‘armateur”’ of two francs for every quintal of fish caught after the first thousand quintals, and this causes him to drive the men to the uttermost. They require driving, however, for the moment they are left without inspection they leave off work to talk and smoke. It is said at Newfoundland that it requires three Frenchmen to do the work of one English fisherman. This saying struck the writer as having great force on all ordinary occasions; when a ‘ special service had to be performed, it appeared to require even a greater number of men in propor- tion. The French dried cod are much inferior to those cured by British fishermen. The French tear off the head of the fish very clumsily, leaving the body quite ragged at top. Neither are the fish well or thoroughly split, so as to be perfectly flat; the backbone is also removed awkwardly, leaving a lump where the bone is broken off, and more bone is left than in British-cured fish. A greater quantity of salt is put upon them in pile that on British fish ; they are not dried so thoroughly, and when dried, are much more soft and limp than dry fish of British cure, which are white, smooth, almost inflexible, and nearly translucent. One quintal of British-cured cod contains as many fish of equal size as a quintal and a quarter of French-dried cod. The greater weight of the French-cured cod adds considerably to the bounty they receive, which is paid on the weight of the dried fish. This inferiority of cure, however, operates against the sale of their fish in foreign markets; and although the French have endeavoured, during the last two or three years, to introduce their fish into Spain, they have not yet been successful, the Spaniards preferring the white, hard, well-dried British cod. 16 The subject of curing cod after the English manner was brought before the Assembly of ‘‘ Arma- teurs,” at St. Servan, last January. The President, M. de Bon, pointed out to the meeting the advan- tages that would flow from drying and curing cod in the same mode as the English, and rendering the commodity of equal quality. He insisted upon the necessity of improving, in this manner, the value of the produce of the fisheries; so that if, in future, ' the Government should find it necessary to suppress the bounties, the fishing-business might be able to sustain itself, and struggle successfully against foreign competition. The Prud’homme at Port-aux-Choix stated that there were many more fishing-vessels at Newfound- land this season than during the war with Russia, when great numbers of the fishermen were drafted into the naval service, to which they were liable from having previously received the Government bounty as enrolled fishermen. According to this Prud’- homme’s statement, there were this year on the east and west coasts of Newfoundland, 90 vessels of the Ist class, 50 of the 2nd class, and 30 of the 3rd class, in addition to 300 large vessels employed as “ bankers,” some of them of the burthen of 500 to 600 tons. He also stated that the “ Compagnie Générale Maritime de France” has exclusive title to Red Island; that it was a Company possessing much power and political influence, having a capital of 50,000,000 of franes, and owning 300 ships and steamers, trading to all parts of the world. The fishing-stages at Port-aux-Choix are conve- niently arranged, and during the fishing-season they | are neatly covered with canvas. The huts for the men are very wretched; they are lodged most miserably, very little, if at all, better than the New- foundland dogs. The house for the Prud’homme, Surgeon, and fishing-captains, is neat and comfort- able, with good brick chimneys, and altogether of a permanent character. A large building was nearly finished on the 10th of September, in the lower part of which the large boats, or shallops, would be hauled up for shelter during the winter ; and the upper part would be filled with the small boats, or bateaux, There is a small schooner on the stocks 17 for repairs; and on the whole, the French act as if the country belonged to them entirely and exclu- sively. When the writer first landed at Port-aux- Choix, he was saluted by the Frenchman in charge, with “ Welcome to my country!” as if it were part of the territory of France. A little to the eastward of Port-aux-Choix is Boat Cove; it isa harbour for boats only, but is much exposed to northerly winds, which throw in a heavy sea. There is a small fishing-station here, which employed thirty men this season. They took 10,000 cod (making 1,600 quintals of dried fish), chiefly by bultow-fishing. To the eastward of Boat Cove is Old Port-aux- Choix, with anchorage for large vessels al] along its southern shore. This harbour has been surveyed by French naval officers during the present season, and distinguishing marks have been set up for the guidance of their vessels of war, which will resort to this port hereafter, instead of Port Saunders as formerly. It is separated from New Port-aux-Choix ‘by a neck of land only 300 yards across, and from the Cove in Ingarnachoix Bay, called Grey Gamble, by another neck of land of about the same width. A radius of three miles from New Port-aux-Choix would include the best fishing-grounds in its vicinity, as well as Boat Cove, Old Port-aux-Choix, Grey Gamble, and part of Ingarnachoix Bay, thus securing everything desirable at this capital fishing-station. The remaining French fishing-stations to the north-eastward are principally used as curing- grounds by the vessels engaged in the nomade fishery of the Gulf. There is but little fishing from Old Ferolle to Cape Norman, it being generally a low limestone coast, with shallow water, which the cod avoid by striking over at once to the opposite coast of Labrador when on their migration from the westward. ‘These stations are now scarcely worth occupying. The French vessels attached to them have heretofore relied on stealing over to Labrador, and there completing their fares, which they are now unable to do. At New Ferolle, the settlers stated that seventeen French vessels had been there during this season, having twelve bateaux, or more, attached to each F 18 vessel, and had left 100 bateaux in charge of one family there, to be reclaimed next season. The French employ six armed vessels each season. on the coasts of Newfoundland for the protection of the fishermen and their vessels, and the maintenance of good order among them. Each of these vessels has a stated line of coast to guard. One schooner is usually stationed at the Island of St. Pierre, under the immediate orders of the Commandant there; a second moves along the coast from Codroy to Port-aux-Choix ; a third, from thence to Croque, where the senior naval officer on the station (Com- modore Mazéres, in the frigate ‘‘ Sérieuse ’’) usually stations himself, to receive reports and adjust disputes. A steamer is generally employed between Croque and Cape St. John, and an armed store-ship completes the naval squadron. The Salmon Fishery. In former days the salmon fishery on that part of the coasts of Newfoundland resorted to by the French was most abundant and valuable, but, owing to the destructive mode of fishing they have pur- sued, it has dwindled into insignificance, and now seems in a fair way of being wholly annihilated. The document No. 4, hereunto annexed, is a copy of the official table of salmon fisheries on the east and west coasts of Newfoundland, which were re-elassed, and admitted to the “tirage général” in January last. At the meeting of “ armateurs” then held, it was stated by the President. that, with one exception, all the salmon-fisheries of Newfound- land had fallen into the hands of the English. He proposed that every grantee of a salmon-fishery should be obliged to fish the same by Frenchmen exclusively, the first season after he drew it, under a. fine; this, he thought, would revive the fishery, and take it out of the hands of the English. One of the “armateurs”’ said, that the salmon-fisheries had been. invaded to such an extent by the English, that they would not now yield sufficient to pay the expenses of the French fishermen necessary to look after them, and, consequently, they had been abandoned. Commodore Mazéres said that, in fact, the grantees: 19 of these fisheries let them to Englishmen, to receive half the produce. Very soon the English did not deliver the half, and ended by giving nothing at all. An “armateur” then stated, that two only of the Newfoundland salmon-fisheries had been sought at any time for the favourable results they might afford to the grantees. All the rest were merely asked in the hope of drawing some profit by re-letting them to the English. The proposed fine was rejected unanimously by the meeting, and the President then delivered a strong opinion as to the impropriety of re-letting the salmon fisheries to the English, and sharing the products; intimating, very plainly, that parties bringing into Franee the salmon so obtained, would run great risk of losing the bounty on their cargo of cod. By Article 42 of the Imperial Decree, the mode of taking salmon at Newfoundland by the French, is expressly confined to “barrages” in the rivers and streams: they are not allowed to take salmon along the coasts. The “barrages” are frames of wood, very like an ordinary stable-rack, which are put directly across the streams, at their confluence with the tide, and effectually prevent either the ascent or descent of fish. To these “racks” are attached pounds or places in which the salmon are retained until taken out by the fishermen. The “racks” are put up early in the season, and allowed to remain until the end of September ; in conse- quence, the female fish are prevented from ascending to their spawning-beds, and if they escape being taken, the ova drop from them in the tideway, and are lost. On the other hand, the ‘“slinks,’ or spawned fish of the preceding year, are prevented from returning to the sea; and the writer was informed, by more than one fisherman, that, at times, hundreds of these spent salmon had been seen dead along the streams above the “racks,” where they had perished from inability to reach salt-water. Anything more destructive than this mode of fishing by “ barrages” can scarcely be con- ceived. On the whole of the west coast the French them- selves fished only one river this season; that was the River of Ponds, to the westward of the Bay of 20 Ingarnachoix, in Mal-Baie. The product of the season’s fishing was brought to Port-aux-Choix, and weighed while the writer was there. It proved to be only 46 quintals, equal to 23 barrels of pickled salmon, a quantity not more than sufficient to pay expenses. When the French leave a salmon river at the close of their season, they usually leave the ‘‘racks” standing for the benefit of their ‘“‘gardien,” who keeps them up until the latest moment, getting what fish he can, and then storing the racks in safety until.the succeeding season. The Prud’homme at Port-aux-Choix this year let the salmon-fishery at the River of Castors to an English settler, on condition of receiving half the fish caught. This settler “ barred’’ the river; but finding after a number of days that he got no fish, left it altogether. This River of Castors formerly abounded with salmon ; and now none seem to exist in it. Except the taking of small fishes for bait, the French prosecute no fisheries on the coast of Newfoundland but those for cod and salmon. It is, therefore, unnecessary to speak of any other fishery in connec- tion with them, M. H. PERLEY. St. John, New Brunswick, October 19, 1857. et ae Memorandum of information relative to the British Population and their Fisheries, on the East and West Coasts of Newfound- land. The document No. 5, hereunto annexed, is an abstract Return of British population and fisheries, in 1857, on the east coast of Newfoundland, from Cape St. John to Quirpon, including the Groaix and Horse Islands near that coast; and the docu- ment No. 6, also annexed, is a similar Return for the west coast, from Cape Ray to Quirpon. By the first of these Returns it will be seen that the British population on the whole of the east coast specified, amounts to 1,040 souls only, of whom 373 are rated as able fishermen. Their catch of cod for the year was 10,169 quintals only, being less, on the average, than 30 quintals per man. Their catch of salmon was but 188 barrels, with 834 barrels of herrings, and 6,526 seals. These last are much the most valuable article of their take: from 25 to 35 seals, according to size, yield a tun of oil ; and at the present high price of seal-oil, a seal and its skin may be valued at nearly 11. sterling. Neither the soil nor the climate of the east coast of Newfoundland is fitted for agriculture. All the settlers there are engaged more or less in the fisheries ; but some families scarcely exert them- selves to take fish, relying upon the provisions they receive from the French, to pay for their services as *‘ oardiens” of the boats and other property left during winter. If those British fishermen residing here, who are industrious and energetic, were not kept in check by the French, and prevented, as much as possible, from fishing, they could do vastly better. This portion of Newfoundland would, in such case, soon be more thickly settled, and produce G 22 . a much larger quantity of fish from its excellent fishing-grounds. There is a sufficient supply of — timber and fuel on this coast for many more people than inhabit it at present. By the Return No. 6, it will be seen that the British population of the west coast amounts to 2,337 souls. Of these, 531 are at the Codroy Settlements, near Cape Ray; at Bay St. George there are 1,047 ; and the remaining 758 are scattered in small numbers along the coast, from thence to Quirpon. In this population there are 572 able fishermen, whose catch of cod this year was 24,915 quintals, being an average of 40 quintals per man. They took also 639 barrels of salmon, 19,165 barrels of herrings, and 7,540 seals. There are, at the Codroy rivers, several families speaking Gaelic only, that follow farming almost exclusively. They are emigrants from the High- lands and Islands of Scotland, who landed first at Cape Breton, and went thence to Codroy: these, with some settlers in Bay St. George, and a few on the Humber and at Cow-head, between Bonne Bay and Ingarnachoix, are all that pursue agriculture with any degree of success, and this only in the few favoured spots where the fertility of the soil compen- sates to some extent for the rigour of the climate. Neither on the east nor the west coast are there any magistrates or other persons to enforce order, execute justice, or administer. the laws. The people have no title to the land they occupy. They are not in any electoral district, and consequently are not represented in the Legislature of Newfound- land. There are no roads whatever, and there is no postal communication. There are but few clergymen for these extensive lines of coast, and their visits are unavoidably few and far between. It was said that at White Bay, on the east coast, there are settlers who never in their lives, until this year, had seen a clergyman of any denomination. There are no schools, and the children grow up in total ignorance ; the writer was several times asked for spelling-books by young persons anxious to learn to read. It needs scarcely to be observed, that all this represents a state of things sincerely to be deplored in a British possession. 23 The principal settlement on the west coast is at the head of Bay St. George, on a low sandy point forming one side of Sandy Bay, where there is a safe anchorage in ten and twelve fathoms water. During the month of May every year, immense shoals of herring enter Sandy Bay for the purpose of spawn- ing, and large quantities are then taken, as well by the residents as by fishing-vessels from Nova Scotia, New Brunswick, and Prince Edward Island, with schooners from the United States occasionally. Some eight or ten years ago, and also two years since, the French Government cutter drove out American schooners found fishing there for herrings. The French naval officers have said to the British settlers, that although the French fishermen do not fish for herrings, they only permit the British to reside there and take herrings, par courtoisie, so long as they do not interfere with the cod-fishery. The settlers say they could carry on a profitable cod-fishery in Bay St. George (where, as already stated, the French do not now fish), but they fear to do so, lest they should arouse the French, who would, in such case, stop their herring-fishing, and perhaps drive them off altogether. So the fisher- men of Bay St. George go to Labrador for their cod. From the absence of all legal authority or proper regulations at Sandy Bay, the herring-fishing there is becoming diminished, and in danger of being destroyed. The fishing-vessels that come there from other colonies and places are under no control; they fish as they please, and throw their offal upon the spawning-beds, thus destroying vast quantities of spawn, and driving away the fish altogether. Along the west coast, from Bay St. George north- wardly, the settlers can only fish for cod before the French arrive and after they leave the coast. While they are on the fishing-grounds it is useless for the British fishermen to go out in their boats. So soon as they begin to haul cod, the French boats crowd | around them so closely as to prevent their fishing ; and thus practically, yet without violence, they are hustled off the ground. The British fishermen also set nets along this coast at places favourable for taking salmon; but 24 * whenever French fishermen find these nets, they invariably plunder them of their fish. At Petit - Port, a settler said he had given up his salmon- fishing, as the French took all the fish that struck his nets, and he had no redress. A settler at Port-aux-Choix said that the French would take from fifteen to fifty salmon out of his nets during one tide, and the Prud’hommes would not even listen to his complaints, thus tacitly sanctioning the plunder. In some places the settlers are not per- mitted to put out salmon-nets, on the ground that they will prevent the fish from entering the rivers, in which the French claim the salmon-fishing as their exclusive property. At Bay of Islands the settlers prosecute a fishery for herrings in August, which are then very fine. The Prud’homme there, when leaving this season, gave notice to the settlers that next year they would not be allowed to take these herrings for sale, but ouly so many as might be deemed necessary for their own consumption. This restriction, he said, was to be enforced in return for the French being excluded from Labrador. The quantity of lobsters on the west coast is perfectly prodigious, and their white meat is used largely as bait for cod. Trout, up to four pounds weight, and sometimes larger, are found in countless multitudes, in nearly all the rivers, and along the coast everywhere, especially where the mountain streams discharge their icy cold water into the sea. There they may be taken by fly-fishing in any number; and when the situation is favourable for drawing a seine, they are taken in large quantities, and salted for winter use, or for exportation. Large shoals of mackarel were frequently seen along the west coast, and in its large bays. But few of these are caught at any time, although they are of admirable quality. The unsettled state of men and things on this coast prevents any expendi- ture or preparation for this valuable fishery, which might, in all probability, under other circumstances, be prosecuted extensively, and with much profit. M.. H. PERLEY. St. John, New Brunswick, October 19, 1857. ( 25 ) APPENDIX. (No. 1.) Abstract of the Decree of His Majesty the Emperor of France, dated the 2nd of March, 1852, for regulating the Cod-fishery on the Coasts of Newfoundland. Article 1 regulates the classification of harbours and fishing-grounds on the coasts of Newfoundland, in three series. Article 2 provides that every five years the “ armateurs” of the different ports of France, who propose sending vessels to the Newfoundland fishery, shall send to the Chief of Marine at St. Servan a notice of the number of vessels they propose to send, and their tonnage. Article 3. The “‘ armateurs,” or their agents, shall meet at St. Servan on the 5th of January, to draw for the places they are to occupy, in the following classes :— Ist Class. Vessels of 158 tons and upwards, with fifty men at least. 2nd Class. Vessels of 100 to 158 tons exclusively, with thirty men. 3rd Class. Vessels under 100 tons, with twenty men; if they carry a seine, then twenty-five men. Article 4. After the drawing for places, beaches on the coast for drying fish will be conceded to those vessels that fish on the Grand Bank. Article 5. The salmon fisheries will be disposed of by lot to those who have drawn harbours, to which, according to their position, these fisheries correspond. Article 6 declares the form of the table to be drawn up after the drawing. Article 7 provides for the verification and publication of this table. Article 8. Each ‘‘armateur”’ will hold for five years the harbour and place assigned to him: he will continue to send the same number of vessels, of the like class, every year, and effectively occupy his station. He will hold for the same period the scaffolds, “dépendances et gréves,” which he will keep in repair. At the end of five years each captain will prepare a statement, attested by two neighbouring captains, of the state of the establishment he has formed and occupied, “ lequel consistera dans le chafaud, ses orgages et ses tenailles, les cabanes et leur portes, les étaux, lavoirs, et garde-poissons.”’ He will leave the establishment in as good a state as he found it. Article 9. At the end of five years another drawing will take place as before. Article 10. The Chief of the marine service at St. Servan will every year address to the administrators of the ports whence the fishing-vessels sail, the following :— 1. A statement of the partition of places on the east and west coasts. 2. A statement of the vessels of which the “armateurs ” have declared their desire to fish in the bays common to all. Article 11 provides for the delivery of these lists to the ‘“‘ armateurs ” of the vessels that have a right to fish. No vessel will sail without a license, stating the place where she is to fish. These licenses (according to the forms given) are to be exhibted to the Captains Prud’hommes of the places where they go to fish. Article 12. No “armateur ” shall obtain for the same vessel a concession of places on both coasts. Article 18. If the ‘‘armateur” does not send his vessel he forfeits the place allotted to him, and must pay a fine of 4,000 francs for vessels pi first 26 class ; 3,000 francs for vessels of the*second class; and 2,000 francs for vessels of the third class. A “ banker” not going out, or occupying the drying-place assigned, pays a fine of 1,000 francs. This Article also contains directions as to the re-assignment of akions, transfer of vessels, &c. Article 14 regulates the places exempted from the general drawing. Article 15 provides for a partial drawing, on the 5th of January in each of the four years after a general drawing, of places that have become vacant. Article 16 provides that the oldest captain shall perform the duties of Prud’homme in the various bays and harbour. The captains “au long cours” take the priority over “ maitres au cabotage.” Article 17 provides that the Captain Prud’homme shall be specially charged with maintaining discipline, police, and good order in the bays and harbours. He shall assure to each captain under him the harbour, beach, and moorings assigned to him. He shall inspect the nets, and watch over the safety of the Fp mouillages et rades.”” He shall receive the complaints of the fishing-captains, and do right whenever he is competent to judge, after hearing proofs. He will preside at all meetings of the fishery-captains. He shall demand no compensa- tion for his services from the parties. He will preserve Minutes of his decisions. He will prepare a statement of any contraventions of this Decree which take place during the fishery; he will sign this, and cause it to be signed by his officers. On his return he will deliver this to the ‘‘Commissaire de Inscription Maritime” at the port from whence he sails. He will deliver, also, a detailed report on the navigation, and everything relating to the advancement of the fisheries. Article 18. When the Captain Prud’homme is interested in a dispute, it must be referred to the captain at the next, or nearest, harbour. Article 19. The Captain Prud’homme must deliver to the Commanders of the vessels of war stationed on the coast a statement for each fishing-place in particular ; whether it is, or is not, occupied according to rule; and if the law has been observed in all things. Every offence against discipline, and every infraction of the rules established for the government of the fisheries, and the mode of occupying the fishing-places, he will denounce to the said Commanders, who are charged to carry out this Decree. Article 20 provides for the trial of offences before the Prud’homme. Article 21 provides that the fishing-vessels shall not get their clearance- papers in France before the lst day of March, if they sail for the Grand Bank or the west coast of Newfoundland; nor before the 20th day of April, if they sail for the east coast. If any captain sails before these dates, he shall pay a fine of 1,000 francs, for which the ‘‘armateur”’ shall be responsible. Other fines are imposed by this Article for sending out boats when the vessel is not present. Article 22. No captain shall establish himself in any drying-place or harbour, except that described in his license, under a penalty of 500 franes, besides an interdiction from command ; but amicable arrangements are permitted among the captains. Article 23 provides that the mode of fishing called ‘en défilant le Golfe” is authorized on the west coast of Newfoundland; and the fishery may be carried on, both ‘‘ nomade et sédentaire,”’ on that part of the coast between Port-d-Port inclusive up to Cape Norman. ‘The fishery is reserved, and remains, as on the east coast, the exclusive right of the vessels occupying in all the harbours in the table of partition, where there are places created for disposal by lot. On the contrary, the fishery is free in all the bays on the west coast where no such special places are created, to the fishing-vessels sent to that coast; such places are marked in the table “‘ comme affeetees 4 l’exploitation commune de la péche.” These bays are: Port-d-Port, with its several anchorages; Bay of Islands, with all its roadsteads ; Bonne Bay; Sainte Marguerite ; and l’Anse du Nouveau Ferolle. : In case all the places on the west coast are occupied, ‘“‘armateurs”’may, never- theless, have a license for their vessels to fish in these bays. Every captain that has a license of possession for the west coast has the right of establishing himself, and fishing, not only in the particular harbour or place assigned to him, but also in all the bays where there: is no special conces~ sion, and which are open ‘‘a l’exploitation commune.’ The goélettes of St. Pierre and Miquelon have also this privilege. 27 The boats belonging to vessels that have no berths in Petit Port, are allowed to fish on the banks outside that port, but can neither dress nor salt their fish within the harbour. Aggregation of vessels is absolutely forbidden there. None but vessels that have the right, can anchor there. It is understood, that to occupy a berth on the west coast, the vessel must anchor, once at least, in the harbour assigned to it. It is sufficient to appear among the fishers of the gulf, when there is only a license to fish. (Form No. 2.) Article 24. Each captain of a fishing-vessel must be furnished with a copy of this Decree, and of the table of partition, besides his license of possession, or license to fish. Article 25. Captains are forbidden, under penalty of 5U0 francs, from throwing over ballast in harbours ; from carrying off salt, oil, or any other things left the previous year ; from breaking, carrying away, pulling down, or letting go to ruin, the stages, cabins, &c., of the places conceded to them. It is besides recommended to each captain to improve the place conceded to him. Article 26. Captains are forbidden to take away shallops, or bateaux, hauled up on the coast, without special leave of their owners, under penalty of paying their price, and 50 francs fine. But if owners of shallops or bateaux make no use or disposition of them, those who need them may use them in the fishery, by permission of the Prud’homme, on condition of their return, and paying their hire to the owner. This Article defines clearly the mode of arranging for the use of shallops and bateaux, and for their return to a place of safety. Any boats, salt, or other things left on the coast, and not taken away by the owner, from the Ist to the 10th of September of the second year after they are left, shall be sold at auction by the Prud’homme, for the benefit of the owner; the purchaser to remove the articles in a fortnight after the sale. Article 27. Captains of fishing vessels must furnish to the Commanders of vessels of war, all the information they demand, relative to the fisheries, their vessels, boats, and crews. Article 28. Every vessel having forty men or more must carry a surgeon ; and a surgeon must be stationed at every harbour where fifty men or more are employed. Article 29. All French fishermen on the coast of Newfoundland are forbidden to have establishments ‘‘ couverts en plan,’ or to make use of the bark of trees, in any way. Article 30. The use of nets called ‘‘hallopes,”* is prohibited in all the fisheries of Newfoundland. Article 31. The use of “ lignes de fond,” or ‘‘harouelles,” is authorized both on the east and west coasts. They cannot be employed, however, ‘‘ tant que les seines seront armées.”’ Boats fishing with “ harouelles” have not the right ‘‘de faire lever” the boats fishing with hand-lines, and reciprocally. Article 32. For taking capelin and lance as bait for cod, there shall only be used seines having 800 to 900 “ mailles de hauteur,” and 30 fathoms in length when they are mounted. Article 33. “‘ Il est défendu de se servir de seines 4 caplan et a lancon, autrement qu’au moulinet, et sans jamais déborder a terre.”’ Article 34. ‘“‘ Il est défendu de couler entiérement les seines, ou d’en ajouter deux ensemble.” Article 35. The use of cod-seines is maintained. Article 36. These seines may be of any length or depth, but the mesh must not be less than ‘‘ 48 millimétres entre noeuds au carre.”” Seines with a smaller mesh may be seized and sequestered by the Prud’homme. The proving of seines will be by measuring 20 meshes in length, which ought to carry “ | métre 920 millimétres. Article 37. “ I] est défendu de se servir de seines 4 morue, autrement qu’au moulinet, et sans jamais déborder 4 terre.” Article 38. The seine-boats shall have the right of choosing the place where they will land. Boats fishing with the hand-line must move away on. being notified, as soon as the net is begun to be thrown out. Ifa boat does not then remove, it must pay 1,000 cod as damages. * The “hallope” is a small seine with a purse, or bag, having very small meshes most destruc~ tive to the fry of fishes. 28 Article 39. Also, under penalty of giving 1,000 cod to the seine-boat, all other boats must abstain from anchoring within the circuit of the seine, after it has begun to be thrown out. Regulations are also made as to priority of seine- boats on the same fishing-ground, by this Article. Article 40. Cod-seines are attached to fishing stations, and confined to the rank of the vessels to which they belong. Vessels of the first class may use two seines; those of the second and third classes cannot in any case have more than one seine. This Article contains special directions for the use of seines generally. Article 41. Seines must not be hauled near Belleisle South, or Groaix, unless they belong to a vessel anchored at one of those islands. Article 42. ‘‘La péche du saumon ne pourra se faire quau moyen de barrages pratiqués dans les vaisseaux ou riviéres.” Article 43. No spirituous liquors shall be allowed on board fishing-vessels. A fine of 500 francs shall be paid by every “ armateur” to whose men spirits are sold on his account. Empty vessels for containing liquors not allowed to be be embarked. Article 44 relates to the levying of fines and penalties. Article 45. Allcontraventions of this Decree shall be punished according to its provisions. The forms of proceeding in France are given. Article 46 provides for the payment of all fines into the chest of the “« Invalides de la Marine.” Article 47 abrogates the Ordonnance of April 24, 1842. Article 48 charges the Secretary of State for Marine and the Colonies with the execution of this Decree, and provides for its insertion in the “ Bulletin des Lois,” and ‘‘ Bulletin Official de la Marine.” (Signed by the Emperor.) Form No. 1 is called— ** Bulletin de Mise en Possession.” Form No. 2 is called— ‘« Bulletin d’Autorisation de Péche.” 29 (No. 2.) Return, for the Year 1857, of French Fisheries on the North-East Coast of Newfoundland, from Cape St. John to Cape Norman. Names of Harbours as in the French ar 8 = de = English Names Official List. = = - « r ~ s - of Ese ipnees wlisre Aa |AB\/A48| 4 Zz La Scie 6 6 | 70 11 388 Le Petit Coup de Hache. . up ae 3 z2 z a ie Brent’s Cove. Le Grand Coup de Hache ds ae 2 ra ™ as as Harbour Round. Pasquet .. we “ f ve eee P24 Se 4 136 | Packet Harbour. L'lle a Bois 4 Ms AP & 1 or ¥ i =f Wocd Island. La Baie des Pins. . Bs . e 2 1 12 2 69 | Mings. La Baie Verte (L’Anse du Pot-d’Etain) x 1 12 2 69 | Coachman’s Cove. La Fleur-de-Lys .. a te wk 6 6 1" 62 11 340 Les Grands Vaches \@ a se 1 a | a : a Grandfather’s Cove. Les Petites Vaches re Zs ss 1 Orange .. rf is ex aia 2 ‘s é ae ae Harbour Deep. Fourché .. = Se ee cs 2 3. ve af ‘€ Fourchette. Sans Fond a She ae _ 3 Y | 12 2 70 | Hooping Harbour. Le Dégrat du Cheval .. a - 1 1 12 9, 66 | Cat Cove. Raincé .. Ze - He om 1 1 12 2 60 Les Canaries .,. afk aa Se 6 3 36 6 182 | Canada. Les Aiguillettes .. oe “s oS aes s As es =, |, Englee- Boutiton .. es ~ ny a2 2 2 25 4 125 | Hillyard’s Harbour. La Conche ae Ke fe 7 9 4 32 8 244 Cap Rouge if oe i oe) 18 13 82 22 708 | Cronse. Anse du Pilier .. Bf ae a 1 fe rs ne Ne Banquier. Belle Isle. . Be ras 35 ee 2 nas ae 3 we Belleisle South. Anse aux Millions ae 56 s 1 Le Croc .. -- a She 5 4 | 39 8 267 | Croque. Tles des Saints Juliens .. He Ne 2 Grands Saints Juliens .. She ye 3 2 26 4 145 Petits Saints Juliens .. My as 2 Les Grands Oies. . AY ae a 3 ] 10 2 74 Les Grandes Ilettes ie Be a 2 Carried forward .. nally BB 48 | 468 90 | 2,943 Return of French Fisheries in 1857—continued. 30 Names of Harbours as in the French Official List. Brought forward .. Les Petites Ilettes Trois Montagnes. . L’ Anse & la Loup La Crémaillére Baie St. Antoine. . Grands Bréhats . L’Anse Verte Petits Bréhats Ile Granchain Baie Sainte Lunaire Les Criquets, et le Cap Blane Baie du Nord Le Kirpon Baie aux Mauves. . Anse & Médée Baie du Sucre Cap d@’Oignon Baie de Haha Havre de Cook .. Totals Ye 32 | a2 | 8 se | 0 aso] far * Z2ilzZas 93 48 4 2 3 3 1 6 3 Alea: 3 3 1 1 1 6 ] 12 3 3 1 18 14 3 3 1 1 2 1 1 1 3 1 170 88 Number of Bateaux an on 21 mo Oo lo 1 158 Number of Seines. Number of Men. 2,943 132 139 185 179 182 90 195 68 735 183 69 68 37 5,205 English Names of Harbours where different. | | | Cremallire. Braha. Point Ferole. Little Braha. Griquet and White Island. Fortune. Quirpon. Cape Onion. Pistolet. Nore.—At each of the eighty-eight fishing-places occupied in 1857, there was 1 square-rigged vessel, from 150 to 300 tons; in all, 88 vessels. 31 (No. 3.) Terre Neuve, Céte Ouest. Havres. Codroy, 3 places :— 1. Sud de I’'Ile de Codroy 2. Nord de I’[le de Codroy 3. A la Grand terre Saint Georges Ne a Ile Rouge, 1 place Port-a-Port . Petit Havre, ou Petit Port, 6 places Anse-a-Bois . ae Baie des Iles . Bonne Baie Havre des Roches .. 4° oy e3 Ingarnachoix, 2 places :— 1. L’lle Keppel 2. Port Sevender Nouveau Port-aux-Choix, 4 places :— 1. Blanchariat . we aie 2. Le Sud-ouest 8. Guérata 4. Dite l’Enfer . Anse de Barbacé, 2 . Ile de Sauvages, 2 Tle Saint Jean,5 .. Baie de Ste. Marguerite, et Anse de Nouveau Férolle Vieux Férolle, 3... ie ee oe Baie Ste. Barbe, 2 .. - ee Pointe de l’Ancre, une seule place . Anse aux Fleurs, une seule place . oe Bateaux. Observations. Les havres de Codroy, de Saint George, et de I’Ile Rouge, continueront d’étre réservés pour les petites goélettes des Iles St. Pierre et Miquelon. Ce havre est affecté 4 l’exploitation com- mune de la péche. La gréve de ce havre est divisée en six parties, et il est en affectée une a chaque place pour l’échouage des bateaux. Ces havres sont affectés a lexploitation commune de la péche. Ces havres sont affectés 4 1’exploitation commune de la péche. . Ce havre est affectée @ lexploitation commune de la péche. Quartiers Expédition. Saint Malo et Saint Servan Granville Saint Brieuc aE Paimpot ie ert gheo eet 32 (No. 4.) TasLEau de Répartition des Saumoneries, qui ont admises au Tirage Général du mois de Janvier, 1857. Cote Ouest. 1. Riviére au Charbon. Petit Port 2. Riviére aux Fruites, entre le Cap St. Georges Havre des Roches a A a et Bonne Baie. 8. Bonne Baie. Ile Keppel Port Sevender Nouveaux Port-aux-Choix .. 4. Mal Baie, ou Riviére Pins. Anse de Barbacé . 5. Riviere aux Castors. Ile des Sauvages . 6. Baie de Ste. Marguerite. Ile Saint Jean 7. Baie de Ste. Géneviéve. Vieux Férolle 8. Baie Ste. Barbe. Baie de Ste. Barbe a x ste Point de l’Ancre . Anse-aux-Fleurs . HS Céte Est. No, Havre de Cook Baie de Haha Cap d’Oignon Baie du Sucre 9. Baie du Pistolet. Anse & Médée_.. 5. Baie aux Mauves . Kirpon . es oe Petites Oies 10. Riviére aux Saumons dans la Baie des Liévres. Fichot . oe Ta Baw 11. Sainte Baie, idem, dite Saumonerie Jourdan. Petites Ilettes Boutiton Aiguilettes Canaries 12. Bras de Bide, Baie du Canada. Raincé . 13. Le fond dans la Baie du Canada. Dégrat du Cheval Sans Fond Trois Montagnes . ae te ai | Fleur-de-Lis 14. Bras de l'Ouest, Baie Blanche. 33 (No. 5.) Assrract Return of British Population and Fisheries on the North-eastern coast of Newfoundland, from Cape St. John to Quirpon, including the Groaix and Horse Islands, during the season of 1857. E 2 3 z ? 3 a O8 a) Localities. & J 5 E 6 ‘ 6 go s pe os Ss >°0 O-m 2 Pi eee es tas | 2 a Ze os On mo Z La Scie . Ae ais 14 9 330 12 73 10 Brent Cove. = =a) a 21 8 370 32 20 Harbour Round “he as at 5 2 80 He 1 Pacquet ors a “s we 2 Mings . AS os «s ee 17 6 315 3 Coachman’s Cove xe 23 a 21 6 220 Le 10 Menke! cis oa) coe del. 80 10 Cr eta 4 al AOE 94 Lobster Harbour mE < oe 12 4 205 4 10 53 Seal Cove ec Re oe af 1 4 344 1 4 80 Bide Cove... Ac a ee 9 1 90 y ate 60 Fox Cove ae “" 33 Za 4 1 70 bs a 2 Bear Cove... ee a f 15 7 270 1 4 140 Wiseman Cove . S fa = 6 3 70 Me 13 39 Western Cove . a Ay oe 32 11 140 l 108 81 Pomley Cove . be & ae 8 3 60 1 ae 30 Otter Cove .. os ae a3 4 1 10 2 i. 20 Chute’s Brook . a Ss a 3 1 50 ms re 10 River Head .. pe bid a 23 7 286 a 13 64 Sop’s Island .. fa Bt “6 29 9 460 if aA 203 Jackson’s Arm . me Sa “6 36 12 130 ete 33 125 Coney Arm .. wi ws .~ 33 18 870 1 66 200 Grandfather’s Cove .. oe a2 16 4 360 1 8 100 Hooping Harbour... *e ae 17 5 160 1 75 Cat Cove Y ay x ~ 4 2 20 15 Canada and Bay He “ie oe 26 12 320 6 ff 6 Englee . < ae - ae 32 14 291 8 31 63 Hillyard’s Harbour .. a es 5 3 90 1 fe 15 Conche . “ip ce Se Av 100 30 523 32 25 642 Cronse . ae ae Ae) es 28 8 165 10 ce 93 Croque . ue ay es aie 23 5 14 1 we 68 Carried forward ie ay 592 206 6,693. 136 432 2,388 / Localities. Brought forward St. Julien’s Grands Oies .. Havre-de-Fou Fichot Les Ilettes Western Brook . Ireland . Stark’s Bight . Goose Cove Three Mountains Crémaillére St. Antoine Grand Braha Little Braha St. Lunaire Criquet . Fortune Kirpon , Grey or Groaix Islands Horse Islands . . Total 34 Abstract Return, &c.—continued. ge E 2 = 88 eS = a2. a) 308 "eo E EE g e 2 ) 8812 ge lve 592 432 2,388 13 4 60 26 525 18 193 37 465 14 45 3 24 28 159 10 36 43 598 5 1G ie 9 53 fi 787 10 54 17 66 22 112 18 151 10 100 69 372 16 175 9 100 PTR CRTC aes aah Norr.—Of the above population of 1,040 souls 579 are males and 461 are females. There are 604 Protestants, of whom 532 are of the Church of England and 72 are Wesleyans; the | residue of the population, 436, are Roman Catholics. They own and employ 28 boats from 15 to 30 quintals, and 339 boats from 4 to 15 quintals. 35 (No. 6.) Asstract Return of British Population and Fisheries on the West Coast of Newfoundland, from Cape Ray to Quirpon, during the season of 1857. s = : D 2.8 i . = w = 35 = > 5. 2 a5 2 AS) a Se E = 3 ies Pa oe “s S a = r= ro so o) ae V4 ata =. Bs A) S$ Se Se S Localities. 2 2 be 3 a? ) 3 i 2.5.2 | Ss om a 2 a |eB8/3.| Bb | E 2 ¢ = o oI = Be |\zos|/s2e|/é5 | 4 8 Zz, Cape Ray: Red Rocks ae i 22 Codroy Island .. ah APO — 192 94 48 4,800 10 oF 200 *Great Codroy River.. ae ‘mie PAU 39 28 1,120 10 es 100 *Little Codroy River.. ae i-| 109 54 37 2,220 8 — 200 St. George’s Bay = vs -- | 1,049 397 251 | 10,000 | 400) 14,900 Trout River and River Humber re L56 63 41 1,230 156 1,640 Bonne Bay .. + ee ae 77 28 18 360 30 720 Cow Head ae a or ts 55 23 15 450 12 525 Portland Creek . ae A ie 27 ll 8 320 10 240 Port-aux-Choix te Sc Eve 37 14 11 PPV Ne ee 200 Bay St. John .. Bue “ic ay 46 14 10 500 Xe 300 400 Ferolle to St. Barbe .. ri us 74 18 16 SO0n2. 480 | 640 St. Barbe to Anchor Point .. 2 30 14 11 ap 3 330 | 550 French Island Harbour + e 70 36 24 LS QOOR |i are 480 | 960 French J. P. Harbour to Cape Norman 74 29 93 920 aye 230 | 1,840 Cape Norman to Quirpon_ iy 45 31 775: | «s $6 1,550 Totals .. pas .. | 2,337 879 572 | 24,915 639 | 19,165 | 7,540 * These settlers are chiefly farmers from the Isles and Highlands of Scotland, who speak: Gaelic only. Nore.—Of the above population, 1,198 are Protestants, and 1,139 are Catholics. They own 475 boats, from 4 to 15 quintals; 9 boats from 15 to 30 quintals; and 8 boats of “30 quintals and: upwards. They employ 1,254 nets and seines for fish ; and 244 nets for seals. = en 5 one ae 6 a a elt ee Cee ee ee ee en : ee a aCe i a ws) SS * . .: SORE Si aod 4 rene: ei eee EE ba 9, ee cs Seg ia . ee 2 = : Pad v | ~~, =F ety, = ~ ‘ - ~ - Fr | oa 2 “” " es | Bs s : - : = 3 i? 5 , -_ xj s : =f > nS i 2 - —“s ~ bn os : = > a ne a ; | a > A ‘ we, 2 ¥ +5 . < = : " i = he E rs Ss 4 ors : - ty = fl x