The "Modus vivendi" recently entered into between the British and French governments relative to the taking and packing of lobsters on a part of the coast of Newfoundland [microform] : and the action taken in Newfoundland in relation thereto

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

""iiiiM m

■ iU III 22
'" -^ 112.0

1.8

1.25 1.4 16

•• 6"

►

%

"/a

//

'^}.

■c'l

p%

<$>;

%'

es

O

y/f

/A

Photographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

ikr

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

ffl

D

D
D
D

D

Coloured covers/
Couverture de couleur

□ Covers damaged/
Couverture endommag^e

□ Covers restored and/or laminated/
Couverture restaurie et/ou pellicul6e

D

Cover title missing/

Le titre de couverture manque

□ Coloured maps/
Cartes gdographiques en couleur

□ Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur

Bound with other material/
Reli6 avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

La reliure serr6e peut causer de I'ombre ou de la
distortion le long de la marge int6rieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajoutdes
lors d'une restauration apparaissent dans le texts,
mais, lorsque cela dtait possible, ces pages n'ont
pas 6t4 filmdes.

Additional comments:/
Commentaires suppldmentaires;

L'Institut a microfilm^ le meilleur er;emplaire
qu'il lui a 6t4 possible de se procurer. Les details
de cet exempiaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiquds ci-dessous.

I I Coloured pages/

Pages de couleur

Pages damaged/
Pages endommag^es

□ Pages restored and/or laminated/
Pages restaurdes et/ou pelliculdes

I — y Pages discoloured, stained or foxed/
I ^ Pages d6color6es, tachet^es ou piquies

I I Pages detached/

Pages d6tach6es

Showthrough/
Transparence

Quality of prir

Quality indgale de I'impression

Includes supplementary materii
Comprend du materiel supplemsntaire

I ~y Showthrough/

I I Quality of print varies/

I I Includes supplementary material/

□ Only edition available/
Seule Edition disponible

D

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmad to
ensure the best possible image/
Les pages totalement ou partieilement
obscurcies par un feuillet d'errata, une pelure,
etc., ont M6 filmies d nouveau de fa^on d
obtenir la meilleure image possible.

This item is filTC^ at the reduction ratio checked below/

Ce document est film6 au taux de reduction indiqu6 ci-dessous.

10X 14X 18X 22X

26X

30X

v/

12X

16X

20X

24X

28X

32X

itails
I du
lodifier
r une
mage

The copy filmed here has been reproduced thanks
to the generosity of:

Library of the Public
Archives of Canada

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

L'exemplaire film6 fut reproduit grAce A la
g6n6rosit6 de:

La bibliothdque des Archives
publiques du Canada

Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettet6 de l'exemplaire film6, et en
conformity avec les conditions du contrat de
filmage.

Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol -^ (meaning "CON-
TINUED "), or the symbol V (meaning "END"),
whichever applies.

Les exemplaires originaux dont la couverture en
papier est imprim6e sont filmte en commengant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont filmds en commen^ant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

Un des symboles suivants apparaftra sur la
dernidre image de cheque microfiche, selon le
cas: le symbols — »• signifie "A SUIVRE", le
symbols V signifie "FIN".

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

Les cartes, planches, tableaux, etc., peuvent dtre
film6s A des taux de reduction diffdrents.
Lorsque le document est trop grand pour §tre
reproduit en un seul cliche, il est film6 i partir
de I'angle sup6rieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images n6cessaire. Les diagrammes suivants
illustrent la m^thode.

arrata
to

pelure,
)n d

n

32X

1

2

3

1

2

3

4

5

6

7^'

I

Re

Pnl

^^

h^'tt^"^,^.

^^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,