IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
1.25
U 111 1.6
P^
^
/2
/a
^
^J^/
^^ ^^
>,'
#1
-?^-
d?
/
Photographic
Sciences
Corporation
73 WEST MAIN STREET
WEBSTER, N.Y. 14SB0
(716) 872-4503
S.
N^
^V
;v
^\
%
^/^.
#
6^
-r
^<.
%^
<^
<'^
,<i.^
&?
IT <fe*<
CIHM/ICMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The
to tl
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 tSe
reproduction, or which may significantly change
the usual method of filming, are checked below.
□
n
D
D
□
□
D
Coloured covers/
Couverture de couleur
Covers dam&ged/
Couverture endommagde
Covers restored and/or laminated/
Couverture restaurie et/ou pellicul^e
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 serree peut causer de I'ombre ou de 'a
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 texte,
mais, lorsque cela dtait possible, ces pages n'ont
pas 6t6 film^es.
Additional comments:/
Commentaires supplimentaires;
L'Institut a microfilm^ le meilleur exemplaire
qu'il lui a 6X6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mithode r.ormale de filmage
sont indiqu6s ci-dessous.
□ Coloured pages/
Pages de couleur
D
D
y
[Zl
D
D
n
Pages damaged/
Pages endonimagies
Pages restored and/or laminated/
Pages restaurdes et/ou pellicul6es
Pages discoloured, stained or foxed/
Pages d6color6es, tachetdes ou piqu^es
Pages detached/
Pages d6tach6es
Showthrough/
Transparence
Quality of print varies/
Qualit^ indgale de I'impression
Includes supplementary material/
Comprend du materiel supplementaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t^ filmdes 6 nouveau de facon ck
obtenir la meilleure image possible.
The
posi
of tl
film
Ori(
beg
the
sior
oth<
first
sior
or il
The
sha
TIN
whi
Mai
diff
enti
beg
rigd
reqi
met
This item is filmed at the reduction ratio checked below/
Ce document est film6 au taux de reduction indiqu6 ci-dessous.
lOX
14X
18X
22X
26X
30X
■ 1
y
12X
16X
20X
24X
28X
32X
The copy filmed here has been reproduced thanks
to the generosity of:
(National Library of Canada
L'exemplaire film6 fut reproduit grdce d la
g6n6rosit6 de:
Bibliothdque nationale du 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.
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.
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 exemplaires originaux dont la couverture en
papier est imprim^e sont film6s 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 film6s en commengant 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 apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — »> signifie "A SUIVRE", le
symbole V signifie "FIN".
Les cartes, planches, tableaux, etc., peuvent dtre
filmds & des taux de reduction diff6rents.
Lorsque le document est trop grand pour 6tre
reproduit en un seul clichd, il est filmd d partir
de Tangle 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.
1
2
3
4
5
6
...^
'■a'S'i.'Dl
/
u
M
■
EEPORT OF THE COUNCIL
or THE
%\m\l Ctflqnial |niti!ule
\d
ON THE
NEWFOUNDLAND FISHERY QUESTION.
\
NOVEMBER, 1875.
1 L
i UNWIN BEOTHEIIS, PRINTEES, 109A, CANNON STREET ;
^i AND AT CHILAVORTH, SURETY.
[_1876, i
[All Rights Ecscrved.]
y /■
r^-' i'2-'^
'R^
INTRODUCTION.
His Grace the Duke of Manchester, the Prcsitlent of tlio
lloyal Coloiiidl Institute, having eallecl the attention of the
Council to the subject of tlie Fisheries of Newfoundland, they
appointed a Committee, in the month of Mar-ch last, for the
purpose of collecting information, and drawing up a Report
upon this important Imperial (piestion.
Having occupied much time in preliminary researches into
the past history of the question, and collected a variety of im-
portant documents, bearing upon the subject, the Committee
have agreed to the follovy'ing Report, setting forth all the facts
of interest and importance relating to it.
They have to acknowledge the valuable information they
received in the course of its preparation from the Hon.
¥. B. T. Carter, the Premier of Newfoundland, during his
recent visit to England, as well as the assistance rendered
by the Hon. C. F. Ben)iett, and ^Ir. E. J. Pinsent. the late
Solicitor-Gcntral of Newfoundland.
The Council have accepted the Report of the Committee, and
now present it to the Fallows of the lloyal Colonial Institute.
They cannot doubt that it will Ite read with the deepest atten-
tion, containhig, as it does, in their judgment, a complete,
succinct, impartial, and exhaustive exposition of the facts of a
question of most vital importaiKu; to the interests, not only of
the inhabitants of Newfoundhuul, but of the whole Lritif.li
Empire.
From this Picport it will be seen —
1. That the French have onlv been allowed certain rights
i
IV
Inlrodidtioii.
of fisliing ill the watcrfl of NcwfouiidlaiKl concurrently Avitli
iiritiBli Bubjtcts, and not to the exclusion of tlie latter.
2. That the rrcnch have only a right to occupy teniiiorarily
portions of the shore for lishing and for drying lish, and
that they may occupy no move of the shore than is requisite
for such purpose, nor for any time beyond the fishing
season, the rigiit of occupation ceasing at the end of each
season.
3. That the coneurront right of fisliing -svas limited to the
sea, at distances from the shore, varying at different periods,
for the purpose of taking codfish.
4. That British fishermen arc not prohibited from using,
nor have the French any exclusive right of using, any engines
or machines for taking lish.
5. That the French have no right to take fish of any de-
scription in the estuaries or rivers of Newfoundland, whether
on the so-called " French Shore " or elsewhere.
G. That no judicatory rights are conferred on the French
by the Treaties, and therefore the interference exercised by
their cruisers in disputes between subjects of the two nations
is unjustifiable.
7. That there is nothing in any of the Treaties to justify
the assertion of a right to exchule British subjects from occu-
pying and settling on the land on that part of the coast called
the " French Shore," between Cape St. John and Cape Bay.
Such a claim, in fact, affects the right of sovereignty in New-
foundland.
FBKDEBICK YOUNG,
rTi)N'(Mi \n\ Si:t ni'.TA n v.
London, Norcinhcr, 1875.
E E P 0 E T
ox THE
NEWFOUNDLAND FISHERY QUESTION.
Tlio Committee appointed by tho Council of the Royal Colonial
Instituto to iuvostigato tlio French claims respecting the Newfoundlana
Fisheries have agreed to the following Report.
The claims now put forward by Franco upon tho coast of Newfound-
laud, and virtually enforced by her squadron there, may be resolved
into two classes :
A claim to (he exclusive n^jht of jUhcnj on that part of the coast ex-
tending from Cape St. John to C ipe Hay, a distance including about
onehulf oi the entire coast of Newfoundland, to which the Treaty of
Paris (17C3) only gave her a concurrent right.
(II.)
A claim to prevent tho British inhabitants of Newfoundland from
any occupation of laud, situated within such limits, for mining, agricul
tural, or other purposes ; in tact, a claim to virtual territorial sovereignty
of the same.
From a strict investigation of the whole question in regard to both
these claims it appears —
First,— That the following list embraces the whole of the Treaties,
Declarations, Acti of Parliainent, Conventions, and Decrees, evormade and
entered into by Gre;it Britain with France in relation to tho Newfound-
land fisheries, viz. : —
Treaty of Utrecht 11th April, 1713.
Treaty of Paris • 10th February, 17G3.
Treaty of Versailles 3rd September, 1783.
British Declaration 8rd September, 1783.
* Expired witli Treaty of 1783, Avhicli waa annnllod by war, 1793.
♦The annotations of Treatic3,&c., arc given as they appear in the eoUectiou of
Jlr. llertslett, Libniriaii, Foreign Odice.
6
Report n)i the XeirfniimJlaiul Fi.shcri/ (Jiii'stian.
Act of rnrliament, 28 Geo. III. c. 85 17.S8.
Expired witli Trcnty, 1783, wliioh win aminllud liy wiir, 17!)3.
Treaty of Aimcn3, Art. 15 1S02.
Moi'cly coufinna Treaty of ViTsiiilles.
Defiaitivo Treaty of Peace, Art. 13 nOih 'Sliy, IsM.
Cjiifirinod by Art. 11, of tlu; L)i>liiiilivo TreiUy of 2itli Nuvi'iiihcr, 1815.
Act of Parliament, 5 Geo. IV., c. 51 1^21.
Expired 31st December, 1831 ; boo Act 2 & 3 Wm. IV. c. 79.
Convention ... ... ... 4tli April, 1857.
Not coiifirmod by Local Govornmoiit of Newfoundland.
Decree (France) 4th April, 1857.
Eelates to the above Convention.
Act of Parliament, G.B. 2 & y Wm. IV. c. 79 183v>.
E.xpired 31st December, 183 1.
So that in tho history of British Imperial legislation in connection
with France in reference to tho Newfoundland fisheries, there are now
only in force —
1. Trcaly of Utrecht 1718.
2. Treaty of Paris ... 17G3.
8. I'loaiy of Versailles 1783.
4. Peiliiitivo Treaty of Peace, Art. XIII. 1814.
tind as all these arc very brief we propose to give them iu their order.
(1)
TUEATY OF UtKLCHT.
'* Treaty of peace and (Viendship between Groat Dritaiu and Franco,
signed at Utrecht, 11th April, 1713.
Extract (Translation).
"XTII.* The Island called Newfoundland, with tho adjacent Is-
lands, shall, from this time foi-ward, belong of right wholly to Great
Britain; and to that end the town and fortress of Placentia, and what-
ever other places in the said Island are in the possession of the French,
shall bo yielded and given up within seven, months from the exchange
of tho ratifications of this Treaty, or sooner if possible, by the most
Christiiin King, to those who have a commission from the Queen of
Great Britain for that purpose. Nor shall the Jiinst Christian Kinrj, his
heirs, and successors, or any of their subjects, at anij time hereafter latj
I
* lltiuewed by Art. V. of the Treaty of Paris, 1703.
#
Report on the Newfoundland Fishery Question. 7
claim to any right to the said Island and Islands, or to any part of it or
theni.
" Moreover it shall not be lawful for the subjects of Franco to fortify
any place in the said Island of Newfoundland, or to erect any buildings
there, besides stages made of boards, and huts necessary and usual for
drying of fish ; or to resort to the said Island beyond the time necessary
for fishing and drying offish. LI ut it shall be alknced to the subjects of
France to catch fish and to dry them on land, in that part only and in
no other besides that, of the said Island of Xeufoundland, u'htch
stretches from the place called Bonavista to the Northern point of the
said Island, and from thence running down by the western side, reaches
as far as the place called Point Riche.'= But the Island called Cape
Breton, and also all others, both in the mouth of the river St. Law-
rence, and in the gulf of the same name, shall hereafter belong of right
to the French ; and the most Christian king shall have all manner of
liberty to fortify any place or places there.
"Done at Utrecht, the 11th April, 1713.
« (Signed)
" John Bristol, C.P. (L.S.)
" Stratford (L.S.)
(2)
Treaty of Paris.
" Definitive Treaty between Great Britain and France (and Spain),
signed at Pai-is", the 10th February, 17G3.
Extract (Translation).
** V.f The subjects of France shall have the liberty of fishing and
drying on a part of the coasts of the Island of Newfoundland, such as
it is specified in Article XIII. of the Treaty of Utrecht; which Article
is renewed and confirmed by the present Treaty (except what relates
to the Island of Cape Breton, as well as to the other islands and coasts
in the mouth and in the Gulf of St. Lawrence). And Ills Britannic
Majesty consents to leave to the subjects of the Most Christian King
the liberty of fishing in the Gulf of St. Lawrence, on condition that the
subjects of France do not exercise the said fishery but at the dis-
tance of three Icaques from all the coasts belonfing to Great Britain,
as well those of the Continent, as those of the Islands situated in the
said Gulf of St. Lawrence. And as to what relates to the fishery on
the coasts of the Island of Capo Breton out of the said Gulf, the
subjects of the Most Christian King shall not be permitted to exer-
HUXELLES (L.S.)
Mesxager (L.S.)."
* These bomulnries are altered by the Treaty of 1783.
t Koticwed by Art. VJ. of llie Treaty of Versailles, 1783.
I
^
8
Rqwrt oil the XtU'fouiulland Flshug Question.
cigo tho said lislicry but at tho distance of liftocu kai^tius fruin
tho coasts of tho IslauJ of Capo Drcton ; and tho fisliory on tho coasts
of Nova Scotia or Acadia, and everywhere clso out of tho said Gulf,
shall remain on tho footing of former Treaties.
" VI. Tho King of Groat Britain ccdca tho Islands of Bt. Pierre
and Miquclon in full right to His Most Christian jMajosty, to serve as
a shelter to the French fishermen ; and his said Most Christian Majesty
engages not to fortify the said Islands ; to erect no buildings upon them ,
but merely for the convenience of the fishery ; and to keep upon thorn
a guard of fifty men only for the police.
" Done at Paris, the 10th February, 17G3.
" (Signed) Choiseul, Due de Piuslin (L.S.)
••Bedford, C.P.S. (L.S) Ei.. Marq. Dk Giumalui (L.y.)"
(3)
Treaty of Versailles.
Signed at
•' Definitive Treaty between Great Britain and Franco.
Versailles, 8rd September, 1783.*
Extract (Translation as laid before Parliament).
" IV. His Majesty tho King of Great Britain is maintained in his
right to the Island of Newfoundland, and to the adjacent Isl^nuls, as tho
whole were assured to hira by the Thirteenth Article of tho Treaty of
Utrecht ; excepting the Islands of St. Pierre and Miquelon, wliich are
ceded in full right, by the pi'escut Treaty, to His Morft Christian
Majesty.
•• V. His Majesty the Most Christian King, in order to prevent tho
quarrels which have hitherto arisen between the two nations of England
and France, consents to renounce the right of fishing, which belongs
to him in virtue of the aforesaid Article of the Treaty of Utrecht, from
Cape Bonavista to Cape St. John, on tho eastern coast of Newfound-
land, in fifty degrees north latitude ; and His Majesty the King of
Great Britain consents, on liis part, that the fishery assigned to tho
subjects of His Most Christian Majesty, beginning at tho said Capo
St. John, passing to tho north, and descending by the western coast of
the Island of Newfoundland, shall extend to tho place called Capo
Rayo, situated in forty-seven degrees fifty minutes latitude. The French
fishermen shall enjoy the fishery which is assijnrd to them, hy the present
Article, as they had the right to enjoy that ichich u'us assiyned to them
hy the Treaty of Utrecht.
* Keiicwed by Art. Xlll. of tlic Doflnitivc Treaty of Peace, 1814.
^ 'P
f
-^--"^•■awte':
' -9
lifpuit oil ihc Xiuj'uiiiulliinil I'iiJuit/ ijiicslum. 9
" \'I. Willi regard to the llshery iu the Gulf of St. Lawrence, Uio
French shall contiuiio to cxorcido it conformably to tho ril'lh Article
of tho Treaty of Paris.
" Dono at Ycrsaillod, the 3ril of September, 1783.
" (Signed)
" Mam;jiesxeu (L.S.). Oravier de Veuoennes (L.S.)."
(4)
*' Article XIII. of tho Djliuitlvo Treaty of Peace, 181 1.
" Dofiuitivo Treaty botwoeu Great liritain and Franco. Signed at
Paris, tlio Both May, 1814. ■
" XIII. The French ri^jht of fishing upon tho Great Bank of New-
foundland, upon the coasts of the Island of that name, and of tho
adjacent Islands in tho Gulf of St. Lawrence, shall bo replaced upon
the footing iu which it stood in 17'J2."
Tho Articles of these four Treaties ar*' 'low the solo basis on which
Franco can found any legal ground to ti iicry rights on the coast of
Newfouudland.
Now, what arc thoso riglits, as so irtly aud graphically therein set
forth ?
The Article XIII. of tho Dufiiiitivo Treaty of Peace of 1611 states,
that it (tho right of fishing upon the coasts of Newfoundland) "shall
bo replaced upon the footing iu which it stoud ia 171)2 " — that h, on
the footing it derived under tho thrco Treaties of CV/'tr///. l^>nis, and
Vvrxdillcs. It cau stand upon no other, /o/' no other now exists; and if
any others cvor havo existed, giviug any greater extension of privileges,
tlii'i/ have e.cjiiri'd or hccti (innidlcil.
Firstly, — The last Treaty of Versailles, prior to 1792, aficr merely
changing tho locality of the previous right, states with regard to
it: ''^ The French jhhcnnen shall eujoij the jhheri/ rii/ht uhich is as-
siijned to them hij the present Article, as theij had the rhiht to enjoij that
which was assi(/ned to iheni bij the Treaty of Utrecht.^' Passing ovor
tho Treaty of Paris (17G3), which restricts and binds the rights of
French fishermen upon tho coasts of Newfoundland to a far greater
extent than is now souglit to bo enforced against thorn, tho language
of Article XIII. of tho Treaty of Utrecht is not only sufliciently
plain to show thit there never was any intention to give tho French
tho sole and exclusive right of fisliing upon any part of tho coast, as
will appear from tho words themselves, viz.: " It shall he allowed to the
subjects of France, to catch jish, and to dry thcni on land, in that jnirt
* Confirmed by Art. XI. of the Dcfinitivo Treaty of 28lh November, 1815.
>">•(
10 Report on the Newfoundland Fishery Question.
I
onb/, and in no other besides that, of the said Island of Newfoundland,
■which stretches," &c., but even goes so far as to state as if, from the fear
that such a sole and exclusive right might be claimed, " nor shall
the Most Christ I in Kiny, his heirs and successors, or any of their sub-
jects, at any time hereafter lay claim to any riyht to the said Island and
Islands, or to any jmrt of it for them."
Therein an exclusive or sovereign right to any part was distinctly
and expressly ignored and forbidden, while granting to the French only
a certain limited and permissive right to catch and dry fish.
Secondly, — It appears that custom has never given to the French
any sole or exclusive right of fishing upon a certain portion of the coast
of Newfoundland. On the contrary, in practice the British there have
ever exercised concurrent riyhts of fishing with the French.
Persistent in their exertions to obtain concesdions from the British
Government, the Fi-ench have construed the desire of England
for peace, as giving them a right which wo contend has no legal
basis. By the bare fact of usurpation they are now claiming, and to a
certain extent exercising, a sovereign right over portions of an English
Colony which is totally incompatible with the dignity of the British nation.
Among the best ^yorks upon that Colony, is a ** History of its Govern-
ment, &c.," by John Reeves, Esq., a former Chief Justice of Newfound-
land, published in London, 1793 ; and to show how early after the
peace of Utrecht the French commenced their aggressive measures upon
the coast, and how steadfastly their unwarrantable claims have been
opposed, it is only necessary to refer to Mr. Reeves's book.
In Part II. page 53, Mr. Reeves states : " At the peace of Utrecht
we were put into possession of Newfoundland in a way we had not
enjoyed it before for some years. Placentia, and all the parts occupied
by the French, were now ceded to the King of Great Biitain, in full
sovereignty ; the French rctaininy nothiny more than a license to come
and yo duriny the fishiny season."
Again, page 55 : " It had become a doubt whether that part of the
Island, lately ceded by the French, was subject to the provisions of
Stat. 10 and 11 Will. Ill," (a Statute passed in the year 1G98, intituled,
"An Act to encourage the trade to Newfoundland ")" the point was
brought forward in consequence of the Lieutenant-Governor of the
garrison at Placentia, and some of the French planters having, on
leaving the place, disposed of their plantations for money, and in this
manner attempted to convey a riyht of property, &c. This matter was
brought before the Board of Trade, and their lordships were of opinion
that Stat. 10 and 11 Will. III. extended to the ceded lands, and that all
the beaches and plantations there onyht to be left to the public use, an<l
he disjwsed of as directed by that Act ; " thus showing how strong
■i-t
*}
I i
■1
I{i'2)ort on the Xctr/uiouUand Fishery Question.
11
'^A
f
tlio right was against auy exclusive claim, and how clearly the public
right to use every portion of the coast of Ncwfounilland was recognised.
The same author continues, page 59 : " The parts that had been
surrendered by the French occasioned in various ways great contest
and discontent. We have before seen that it was the opinion of the
Board that tfiose parts all fell under (he rojulations of Stat. 10 and 11
Will. III. ; and this tvas confirmed by the opinion (f the law officers."
And as further showing that concurrent rights were then exercised by
the British with the French, Mr. Eoeves (page 92) states it to be a
matter of serious complaint on the part of the merchants of Newfound-
land (17'.*8) " that the French ]>arts xvcre not so ojien for fishing-ships to
(jet room as iheij should he.''
The interests of Newfoundland seem to have been sadly neglected by
the Imperial Government, whereas, from the importance of its fisheries
as a nursery and training-school for JBritish seamen, that Colony has
probably contributed more than any other of the same population to
the maritime strength and renown of England.
In a debate in the House of Commons, March 25th, 1S23, Dr. Lush-
ington said : " There never had been a Colony so neglected as that of
Newfoundland :" and in a subsequent debate, April, 1829, on the
Newfoundland Fisheries, Mr. Eobinson stated: "The truth was that
up to the present time the interests of the inhabitants of Newfoundland
had given way to the interests of privatG individuals in this country."
It seems unfair that such a hardy and gallant race should have to
struggle not only with the unjust discrimination of bounties paid by the
French and other foreign Governments, but also with the keenly
felt neglect of the mother country, to whom they naturally turn fur
protection in those rights which by solemn Treaties she has assured
them.
Anspach's "History of Newfoundland," published, London, 1827,
contains much valuable information relative to the Island and its Fisher-
ies ; but nowhere is the subject of the French concessions treated as
the absolute grant of a sole and e.rclusire right ; indeed, had it been so
then considered, the inhabitants of Newfoundland would have taken up
arms at ouce to resist the claim ; and ]\[r. Anspach throughout his ablo
liistory speaks of the fish-tiade to NewfounJlnnd being allowed to
Fmnce " under restrictions,^' and of the strong feeling against its being
Bo allowed even " under restrictions."
A subsequent history of Newfoundland by the Uev. Charles Pedley,
published, Loudon, 18G3, deals minutely and conclusively with the
French claims to an exclusire riijht of fishery on any portion of the coast,
as unfounded in law and unsanctioned by treaty. The opinions of Mr.
Pedloy are of gi'eut value from his retiiden(;e in Nowfouudlaud, and his
12
licport on ihe Xenj'ouiuUund Fi^sucry (Jucal'ion.
laborious researches iutothe Ancient Records of the Colony since 1701,
placed at his disposal by Governor Bannermau. On page 48 Mr.
Pedley states : '* By the Treaty of Utrecht, Great Britain was solemnly
confirmed in the exclusive sovereignty of the entire territory ; but the
French were recognised as having the right of fishing concurrently with
the English along certain portions of the shore."
On page 105, speaking of Sir Hugh Palliser, the Governor of New-
foundland in 1764, as sent to devise and carry out the local rules neces-
sary to give efl'ect to the Definitive Treaty of Paris, " by establishing
on a practical basis the intercourse between the subjects of two rival
nations having a concurrent right of fishing on the same coast," Mr.
Pedley states : " The instructions from the Governor were careful to
show that within those boundaries the French had no superior rights or
privileges over the British fishermen; " and he quotes a portion of such
rules issued by Governor Palliser (June 19th, 17(34), for the guidance
of the commanders of King's ships, Admirals, Sec, as follows : " to take
the most exact and particular care that the said subjects of Franco bo
permitted and allowed in common with the King's subjects, to choose
their stations there during the fishery season."
The Act of 28 G-eo. III. cap. 35, which expired with the Treaty of
1788, was regarded by the authorities of France as having enlarged
their former privileges, and as having conferred on them an cxdusice
rvjht over the coasts and waters in question. Mr. Pedhy states this
(page 153) '' to be a conclusion which has always been succossfuUy
resisted by those entrusted with the charge of the British fisheries."
The reason for its being found necessary to pass the Act referred to
clearly appears in the 5th Clause of the Joint Address to Her Majesty
of the Legislative Council and House of Assembly of Newfoundland,
dated the 24th of April, 1872.-
The despatch No. 67 of Governor Hamilton, to his Grace the Duke
of Newcastle, dated 28th September, 185'5, goes into the whole question,
and is a most excellent argumentative paper in defence of British rights
in Newfoundland. Upon this point Governor Hiimilton states : —
*' Under that Treaty (Utrecht) the fishery was always concurrent. The
mode in which that fishery has been carried on concurrently by the two
nations is clearly evinced by the proclamations of Governors Palliser,t
Shuham,[ and Duir,§ set out in the printed papers accompanying your
Grace's despatch."
Governor Darling, also, in the enclosure with his despatch to Mr.
Labouchero, No. 00, July 23rd, 1850, states : —
• Sco Appendix, page 30. f Palliser, 19th June, MM ; 27t.h July, 17C5.
t Slinham, '2.ith June, 1772 ; 27tli .July, 1773. § Duff, 7tli July, 1775.
%
i
'"^'mf'^mm
Report on the Xetv/ountUtuid Fishertf Question.
Vi
f
II
H
" Several proclamations of the Governors of NewfouiuUancl, betwoou
tbe years 17G3 atul 1783, \varuiug British subjects against iinjimju'r
interference with the French in the exercise of their rights, advert to
these rights as rights ' in cunniion ' or ' concurrent ' rights with those
of British subjects;" and ho also mentions the names of Governors
Palliser, Hhuhani, and Duff.
liord Stanley, then Colonial Secretary, in his despatch to Governor
Sir John Harvey, No. 101, 29t]i July, 1813, acknowledges the coiwur-
ri'n! n'l/lth of j-ritish subjects. I'he folIov;ing is a portion of his lord-
ship's despatca : —
" Sin, — I have the honour to aclinowlcdgc the receipt of your de^^-
patch oftlic 11th of last November, relative to the claim of the French
to the exclusive right of fishing on those parts of the Island of New-
foundland, ou which a riglit of fishing for, and curing cod, has been con-
ceded to French subjects by treaty.
"Having referred this despatch for the consideration of the Earl of
Aberdeen, I have received two letters in answer, dated 28th of February,
and the liUh of tliis montli, which convey his lordship's opinion, that
Great Britain is bound to permit tbe subjects of Franco to fish during
the season, in the districts specified by the Treaty and Declaration of
1783, free from any interruption ou the part of British subjects ; but if
there be room in these districts for the fishermen of both nations to fish,
without interfering with each other, this country is not bound to prevent
her subjects from fishing there."
Had lionls Aberdeen and Stanley understood the French to possess
the c.rrlusirr rii/ht of fishing on the coast referred to, no question
as to "room" could give tbe B^^ti^h any riglit to fish there; but
the principle is the same in lisbing as in the erection of fishing estab-
lishments, neither must bo done so as to interrupt the French, and if
so proved on complaint to have been done, botli must be removed by the
Briiish (iovernment or autlioritie:^, but not by the French ; for the
Declaration states : —
"For tliis purpose," namely, to prevent British subjects from in-
terrupting the fisliery of tlie Frencli, " His ]>ritannic Majesty will
cause the fixed settlements whicli shall Iw formed to bo removed."
The provihifui wliich secured tlie French fishermen from interruption,
was not intend(Ml to limit tho natural right of fishing possessed by
British subjects. 'Ibo olyect was merely to prevent them from depriving
the Fri'nch of the concurrent right of fishing ceded to them by treaty.
Now it must first, under the Declaration ou which the French base
tho claim to an cxclu.=<ivo right, bo proved to tho satisfaction of His
Britannic ^Injesty that such fisliery of British subjects and tho fixed
settlements which they may form there (where tho French nro nllowecl
r-;.:a-/-r
■■,iL'.<iL|llmilU
14
Report on the Newfoundland Fisherij Question.
to fisli) do interrupt the French fishery, before they can be removed, and
then. His Britauuic Majesty, or the Lritiah authority, not the French,
is the only power entitled to remove them. But the French now
usurp a territorial sovereignty on the soil of a British Colony, take the
law into their own hands, and destroy British property.
This system cannot last much longer. It is the British, not the French,
who have cause to complain of violation of their rights. The Assem-
bly of Newfoundland is overwhelmed with petitions from poor fisher-
men who have had their sole property destroyed by the unwarrantable
action of the French cruisers, to which the reports of British naval
officers bear testimony. Among others, those of Captain Iloskins, of
11. M.S. Eclipse, and of Commander Knowles, of H.M.S. Lapwimj, may
be found in the Newfoundland •' Journal of Assembly " for 1873, pages
708 to 739.
Commander Knowles Avritcs : —
•• The French prohibit tlie English the use of cod seines, salmon, and
herring nets, and bultows (all of which engines they themselves use) ;
the English are therefore restricted to the use of the hook and line and
jigger alone.
" During my second cruise in September, 1872, I found that the
French naval oiHcers were taking more active measures to prevent the
inhabitants encroaching on their rights, having made several seizures of
nets, and cutting moorings, &c.," of English vessels, " even in places
where their oivn people were not actually fishing."
Captain Hoskins reports (page 738) under date October 9th, 1872 : —
" In the earlier part oi my report I have alluded to the good sense
and good feeling usually shown by the French naval officers charged
with the protection of their fisheries in deuliug with our people settled
on the French shore, and their readiness to meet us half way in pre-
venting the unparalleled state of affairs created there by the treaties,
from resulting in national animosities and acts of violence.
" I must regret that the commander of the Diaynant has thought fit
to d ^^^art from this wise course, and to make a raid on the nets of our
finhermen throughout, as far as I can learn, the whole of the French
shore, without asking for the intervention of one of our vessels, and
without (in many cases certainly) any warning or notice having been
given to the sufferers.
" Each such departure from the conciliatoiy policy hitherto pursued
must accelerate the inevitable crisis, and if, as appears probable, the
French having put a construction on the treaties at variance with the
wording, and entirely in their own favour, are preparing to cuforce their
claims in their own way and without consulting us, that crisis cannot bo
far off."
I
't ♦.
I
-« ♦<■>$■'
6
Iteport on tht Nen-foiuuUand Fisherxj Question. 15
It seems to bo a most anomalous state of things that the citizens of
the United States shoukl fish on that coast without interruption from
the French, and that the natives of the soil should alone be exposed to
such high-handed treatment aud precluded from the exercise of their
natural rights.
Before closing this division of the report, it would be well to call
attention in a special manner to the fact that the Treaty of Utrecht
gave to the French a concurrent right only of fishing at the islands of
St. Pierre and Miquelou ; that subsequently those islands were con-
veyed in full right to the French, subject to conditions. Now if it had
been intended to convey to them an exclimve right of fishing on the whole
of the so-called French shore, suitable language would undoubtedly
at that time have been used to convey such meaning.
Thirdly, — It is strong evidence in favour of the right of the British to
enjoy with the Fi-ench the fisheries in Newfoundland, that a continuous
struggle has been made to resist the exclusive claims of the latter ever
since they were put forth ; and we now propose to devote a portion of the
remainder of this report to a brief history of such struggles as shown
by the Parliamentary debates, first premising that it is mostly
due to the laxity of tha British Imperial Government in not enforcing
its treaty stipulations with France, that the latter has been em-
boldened step by step to put forth unjustifiable pretensions, until
she has reached the length of assuming virtual sovereignty over
British soil.
In the House of Commons June 5th, 1834, Mr. George Robinson
directed attention to the question ** whether France by the terms of the
Treaty of Utrecht (for no others were important) had an exclusive right
to that fishery, or only in participation with this country ; " adding in
the course of his speech, " For his part, he was convinced that there
was not a word in the treaties which conveyed to France the exclusive
right of fishing on the coast in question. Not only had they no right
of exclusive possession of the fishery, but the French were prohibited
from remaining permanently on the coast; and it was provided that
they should go from France to the fishery, and at the end of the season
return to France. On what grounds, therefore, the assumption rested
he did not know."
On behalf of the Government, Mr. Poulctt Thomson (afterwards
Lord Sydenham) replied : —
" The House was probably aware that this subject had been under
the consideration of successive Governments in this country since
1783 .... and he recommended the hon. member (Mr. Robinson) to
withdraw his motion, assuring him that attention should be paid
to it."
r°^Tr"
10 Hi'porl on the Seirfoundl.ind Fishery (Question.
lu tlio srtmo (l(l);ili', Mr. I>:U'iii;^ i'fiid : —
" ITo must say tli;it tlic In'iti-ili fishermen, wlictlior on the coast of
Newlbuudliin 1 or in the Clianncl, liad not tlio aLtontiou \,Si\. to thorn
which they formerly recoivotl ; and that tlio British Goverumeut
evinced an apathy \Yith resp(!ct to our fisheries, which was highly
rcprolionsible."
Again, in May 1835, Mr. Robinson brought forward his " motion
relative to the rights of British subjects to a concurrent Jislicn/ on that
part of the coast of Newfoundland, commonly called the French shore;"
and stated in his speech, " the question arose out of the construction put
upon a treaty entered into between England and Franco in 1813, and,
though so long a period as twenty-one years had elapsed, the Govern-
ment had given no answer to the persons engaged in this fishery as to
how the treaty was to be construed. This was very strange, and he
would ask the Government how long after twenty-one years were British
subjects to wait before they wore told whether they had a right concur-
rent with the French of fishing on their own coast .... He pro-
tested against any further delay in adjusting this question. The French
had an interest in having the settlement of the question indefinitely
postponed, because whilst it was so, they arrogated to themselves the
right of interrupting all others fishing on the coast. France liad no
other right of fishing thfai that given by the Treaty of Utrecht, and
that was nothing more than a permissive light to fish."
The Government again on this occasion postponed giving any definite
reply.
The main grounds on which the French base their claim to an exclu-
sive right of fishing would seem to be drawn from the Declaration —
usually called the British Declaration — attached to the Treaty of 1783.
This Declaration is marked in llerstlott as having expired with the
Treaty of 1783, which was annulled by the war between Great Britain
and France of 1793. But even supposing the Declaration still in force,
no better refutation can be given to such an assumption than the des-
patch of Mr. James Crowdy — the olTicer then administering the Govern-
ment of Newfoundland — to the Right Honourable Sir John S.Packington,
Colonial Secretary of State, dated 22ud September, 1852, and to bo
found (page 195) in the "Journal of Assembly," of Newfoundland for
1857.
In Section 4 of that despatch, Mr. Crowdy most aptly slates : —
*' The very terms of the Declaration in question, whilst forbidding the
English fishermen ' to interrupt by their competition, or to injure the
stages ' ■ '. of the French, recognise their presence, and the whole ques-
tion would appear to be settled by the concession on the part of our
Government to the citizens of the United States in the Treaty of
« <
M'/
■ii»Miiiiijinjimi.miiH]Rn-!it..ituu,iff .u -.|:PW.lM:iliaiiBWIHMWIMMMi
1
« <
Rejyyrt on the Newfoundland FisJiery Question. 17
1818, of the same righls wbicU hud been conceded to the French in
that of 1783."
But for conclusive proof of the utter invalidity of these French claims,
wo come to a period in their discussion under an authority which ought
to settle the question. We refer to the note of Lord Palmerston,
July 10th, 1838, to Count Sebastiani, the French Ambassador, of which
the following extract is copied from the "douraal of Assembly," of
Newfoundland, for 1857. His Lordship says : —
" I now proceed to answer that part of your Excellency's note which
relates to the conflicting opinions that are entertained as to the true in-
terpretation of the Declaration annexed to the Treaty of September 3rd ,
1783, and in which your Excellency urges the British Government to
disavow the claim of the British subjects to a right of fishery upon the
coasts in question" (Newfoundland) "concurrent with the rights of the
subjects of France.
** And in the first place, I beg to observe that it does not appear to
the British Goveinnient, that either your Excellency's representation, or
that of your predecessor, has shown that any specific grievance has
been sustained by French subjects, in consequence of the doubts which
are said to be entertained upon this question, so as to prove that there
is any pressing necessity for the call whicli the French Governnieut
makes in this respect upon that of Great Britain.
'* But the British Government is, nevertheless, willing to enter into
an amicable examination of the matter, with a view to set those doubts at
rest, although it is my duty to say that the British Government are not
prepared, according to the view which they at present take of the
matter, to concede the point in question.
*' The right of fishery on the coast of Newfoundland was assigned to
French subjects by the King of Great Britain in the Treaty of Peace
of 1783, to be enjoyed by them by the Treaty of Utrecht.
" But the right assigned to French subjects by the Treaty of Utrecht
was ' to catch fish and to dry them on land,' within the district described
in the said Treaty, subject to the condition not ' to erect any buildings '
upon the island ' besides stages made of boards, and huts necessary
and usual for drying of fish,' and not to " resort to the said island
beyond the time necessary for fishing and drying of fish.'
" A Declaration annexed to the Treaty of 1783, by which the right
assigned to French subjects was renewed, contains an engagement that
' in order that the fishermen of the two nations may not give a cause
for daily quarrels, His Britannic Majesty would take the most positive
measures for preventing his subjects from interrupting, in any manner,
by their competition, the fishery of the French during the temporary
exercise of it, which was granted to them,' and that His Majesty would
n
V ,'\ -
18 Report on the Ncirfoundlaiul Fishery Question.
' for this purpose cause the iixeJ settlements which should be found
there to bo removed.'
"A counter declaration stated that the King of France was satisfied
with the arrangement concluded in the above terms.
•' The Treaty of Peace of 1814 declares that the French right ' of
fishery at Newfoundland is replaced upon the footing upon which it
Btood in 1792.'
" In order, therefore, to come to a right understanding of the ques-
tion, it will be necessary to consider it with reference to historical facts,
a ; well as with reference to the letter of the Declaration of 1783 ; and
to ascertain what was the precise footing upon which the French fishery
nctaally stood in 1792.
"Now, it is evident that specific evidence would be necessary, in
orcier to show the construction which the French Government now de-
sire to put upon the Declaration of 1783, is the interpretation which
was given to that Declaration at the period when the Declaration was
framed ; and when the real intention of the parties must have been
lest known. It would be required for this purpose to prove that, upon
the couchision of the Treaty of 1783, French subjects actually entered
upon enjoyment of an exclusive right to catch fish in the waters off the
coast in question : and that they were in the acknowledged enjoyment
of the exorcise of that right at the commencement of the war in 1792.
]]ut no evidence to such effect has been produced. It is not indeed
asHcrted by vour Excellency, nor was it contended by Prince Talleyrand,
in his note of 1831, to which your Excellency specially refers, that
French subjects were, at the breaking out of the war in 1792, in the
enjoyment of such an exclusive right ; and, moreover, it does not appear
that such right was claimed by France, or admitted by England at the
termination of the war in 1801, or at the peace of 1814.
" It is true that the privilege secured to the fishermen of France by
the Treaty and Declaration of 1783, a privilege which consists in the
periodical use of a part of the shore of Newfoundland for the purpose
of drying their fish, has in practice been treated by the British Govern-
ment as an exclusive right during the fishing season, and within the
limits prescribed ; because from the nature of the case it would scarcely
be possible for British fishermen to dry their fish upon the same part of
the shore with the French fishermen, without interfering with the tem-
porary establishments of the French for the same purpose, and without
interrupting their operations. But the British Government has never
understood the Declaration to have had for its object to deprive the
British subjects of the right to participate with the French in taking fish
at sea off that shore, provided they did so without interrupting the
I'rench cod-fishory ; and although, in accordance with the true spirit of
Hcport on the Neiu/oundlund Fisltery Questiun.
19
the Treaty and declaration of 1783, prohibitory proclamations have been
from time to time issued, on occasions when it has been found that
British subjects, while fishing within the limits in question, have caused
iuteiTuption to the French fishery, yet in none of tiio public documents
of the British Government, neither in the Act of Parliament of 1788,
passed for the express purpose of carrying the Treaty of 1783 into
effect ; nor in any subsequent Act of Parliament relating to the New-
foundland fishery ; nor in any of the instructions issued by the Admiralty
or the Colonial Office ; nor in any proclamation which has come under
my view, issued by the Governor of Newfoundland, or by the British
Admiral upon the station ; docs it appear that the right of French
subjects to an exclusive fishery, either of cod-fish, or of fish generally,
is specifically recognised.
*' In addition to the facts above stated, I will observe to your Excel-
lency, in conclusion, that if the riglit conceded to the French by the
Declaration of 1783 had been intended to bo exclusive within the pre-
scribed district, the terms used for defining such right would assuredly
have been more ample and specific than they are found to be in that
document ; for in no other similar instrument which has ever come under
the knowledge of the British Government is so important a concession
as an exclusive privilege of this description accorded in terms so loose
and indefinite. (Signed) Palmkrston.
*' To His Excellency Count Sedastlvni."
This dispatch of Lord Palmerston might have been considered
conclusive on the question.
In May, 1857, upon a question put by Sir John Packington in the
House of Commons as regards the then proposed Convention between
Her Majesty and the Emperor of the French upon the suhject of
the Newfoundland fisheries, Mr. Labouchore, Secretary for the
Colonies, stated: —
" The right hon. gentleman was aware that questions of a very
complicated and embarrassing nature had arisen between the Govern-
ment of England and France with regard to fishery rights of the latter
in the waters of Newfoundland, and that these questions arose out of
Treaties. The two Governments had for several years attempted to
arrive by negotiation at a satisfactory solution of the questions, and the
Government of this country had also been in constant communication
with the Colonial authorities upon the point ; but unfortunately those
communications and negotiations had never led to any satisfactory
result. At length an attempt had been made by Her Majesty's Govern-
ment to arrive at a termination of the dilficulty by taking another
course ; and having had all the facts before them, they had thought the
b2
20 Report on the Newfoundland Fishery Question.
best chance they could have — for it was hut a chance — of coming to a
resolution that would bo satisfactory to the two Governments, was to
conclude a Convention with France, without any previous communication
with the Colony, while an express stipulation should bo innerted in that
Convention that it should have no effect unless it should be ratified by
the Colonial Legislature. Such a Convention had been framed and
sent over to Newfoundland ; but, he was sorry to say, that the result
had been that the Colony had most unequivocally refused to adopt it,
and it had therefore of course become inoperative."
The above Convention would have suited France well enough, for it
would have entirely ruined the British fisheries in Newfoundland.
In this Convention we first find the term c.vclusive right to fish
stipulated for, and accorded to, the French, and wo fiud it stipulated
that the French naval officers should be entitled to enforce the said
French exclusive right of fishing, by expulsion of vessels or boats
attempting concurrent fishing.
Article XVI. says : " The privilege of French subjects to cut wood
for the repair of their fishing erections, and fishing vessels from Cape
St. John to Eock Point may be exercised, as far as required, for the
purpose, but not on private land, without consent of the occupier." It
appears, therefore, that at the time this Convention was drawn up, the
French Government did recognise our rights to occupy land on the shore
in question.
lu 1815 a Coann'ssioa of which Mr. Thomas, a merchant of New-
foundland, was a member, representing English righks, and Captain
Fabvre, on the part of the French Government, in vain attempted to
Bcttle the question.
In 1859 Captain Dunlop, R.N., and the Hon. Mr. Kent, on the
part of England, and Captain Montaignac de Chauvan^e and M. de
Gobineau, on the part of France, were sent to Newfoundland to inves-
tigate and report on fishery questions, and made separate reports to
their respective Governments, having generally agi'eed upon all the
points except some of no great importance. In reference thereto, on a
question put by Mr. Arthur Mills to the Secretary of State for Foreign
Affairs, in the House of Commons, 12th March, 1801, Lord John
Russell replied : —
" The Commission on the Newfoundland fisheries made their report
iu August, 1859, and in March, 18G0, a gentleman (Captain Dunlop,
R.N.) was sent to Paris with a view to his coming to some arrangement
with the French Government on the subject. He stayed in Paris
some time, and came to an arrangement with the Government which
had been all but completed, but there wei*e two points upon which a
difference prevailed. In November Her Majesty's Government made a
f \
,
' .1
I
Report on the Newfoundland Fishery Question. 21
proposition to the French Government in regard to those two subjects,
and they have not yet received an answer."
But probably, for the reasons given before by Mr. Robinson,
the French interest in keeping the question indefinitely postponed, no
settlement was arrived at.
We beg in conclusion to advert briefly to the second class or head-
ing into which this question has resolved itself ; a claim on the part
of the French to prevent the iuhabitauts of Newfoundland from any
occupation of land within the disputed district for mining, agricul-
tural, or other purposes ; in fact, a claim to virtual territorial sove-
reignty of a great portion of the coast of Newfoundland.
In the House of Lords, May 22nd, 18G8, Lord Houghton, on rising
to present a Petition from the House of Assembly of Newfoundland,
praying that the restrictions with regard to grants of land on the
so-called French coast, imposed on them by Her Majesty's Secretary of
State for the Colonies in a despatch dated 7th of December, 18G0, may
be removed, said : —
" That, as the Petition proceeded from so important a body as the
Colonial Legislature, he felt it proper to accompany its presentation
with a few remarks."
The Petitioners stated that : —
" Your Petitioners desire to bring under the consideration of your
most honourable House a grievance to which your Petitioners in this
island are now subjected. Her Majesty the Queen has the territorial
dominion over the island of Newfoundland and its dependencies, and, as
a consequence. Her Majesty's Government of this Colony has the autho-
rity to issue grants within the island for mining, agricultural, and other
purposes.
'* This right was never questioned until the year 1860, when, by a
despatch from the Right Honourable the Earl of Carnarvon, Secretary
of State for the Colonies, to His Excellency Governor Musgrave, bear-
ing date the 7th day of December, 18GG, the issue of grants of laud in
that part of this island called the ' French shore ' was prohibited.
** The French shore referred to in the said despatch includes at
least one half of the territory of Newfoundland, and the restriction thus
placed upon the Local Government is in etfect a denial of the exercise
of those rights which your Petitioners most humbly submit belong to
the British Crown, and therefore to their enjoyment by Her Majesty's
subjects in this island.
" Believing that the Govermnont of this Colony has a clear right to
issue grants for mining or other purposes, the Legislature, on the 9th
day of April, 1807, in reply to the said despatch, passed certain resolu-
tions and addresses declaratory of such rights, and transmitted the
(
magmmimmmm.
22
Report on the NeirfoumUand Fishery Question.
same to the Secretary of State for the Colonics through His Excellency
Governor Musgravo, to which neither His Excellency nor your Petition-
ers have received any reply.
•' The restriction coutaineil in the said despatch has had the effect of
preventing the exorcise of British territorinl dominion, and of depriving
Her Majesty's suhjccts of the power of taking advantage of the mineral
and other resources which exist within the said French shore.
" Tho importance of this subject to thu people of this Island is such
that your Petitioners feel agrjrieved that no reply has been received to tho
remonstrance of the LegiKhiture, and that, so fur as your Petitioners are
informed, no action has boon taken by the Imperial Government to
assert the undoubted right of the British Ci'owu, and to place within the
reach of Her Majesty's subjects in this Island tho mineral and agricul-
tural resources which exist within the said territory.
" For souio years past the Legislature of this Island, though embar-
rassed by liuancial diflicalties arising from tho distress prevalent
amongst the labouring population, have voted largo sums of money for
the purpose of obtaining a mineralogical survey of tho Island which will,
to a great extent, be valueless if that portion of the Island be withheld
from the use of Her ]\Iajes>y's subjects.
"Your Petitioners therefore humbly pray that your most honourable
House will bo pleased to make inquiry into tlio matter, and to cause tho
restriction contained in the Bight Honourable tho Earl of Carnarvon's
despatch to be removed, so as to place the Local Government in a posi-
tion to exercise those functions necessary to ensure to your Petitioners
their territorial rights."
In tho course of his remarks Lord Houghton stated : —
•' The colonisation of the French coast had begun long since ; several
populous settlements had been made on that coast, and no other
attempt was ever made to move them. At the present moment a very
large population, in some thirty or forty considerable stations of English
subjects, on the coast were living in a condition of society such as
existed nowhere else on the face of the globe. They were squatters
living without jurisdiction, without law, without any punishment of
crime or enforcement of rights, acknowledging as it were no
sovereign.
It appears strange that such a state of things should exist after
the language of Mr. Labouchere, once Secretary of State for the
Colonies, who, in a speech made in the House of Commons upon a
motion by Viscount Bury upon this question, March 10th, 1859
said : —
" / think the people of Xewfoundland should have cJenrhj secured to
thcin the rijht to cuUivute and build ion their own territory.''
Iteport on the Xeicfuundland Fishery Question. 23
The Hon. Mr. Little, then Attornoy-Gcnoral of Nowfoumlland, under
date 14th September, 1872, writes : — •
" Earl Kiiuborley, in his letter to the Under-Secretary of Stale, bear-
ing? date the 2Gth of Juno, 1872, fairly and plainly states ' that the
territory (so called French shore) uithuut doubt lnhmjH to Her Mdjrsii/,'
consequently I respectfully submit that Her Majesty has the undoubted
right of directing the management and government of that territory iu
such manner as Her Majesty may deem most conducive to the interests
of Her subjects resident there."
llefen'ing to Lord Kimborley's Despatch,'' No. 42, to Governor
Hill, dated 6ih of August, 1873, his Lordship stales (Sec. 5) that
"in May, 1872, an uddross from the Legislative liodies" (of
Newfoundland) " was presented to Hor Majesty, praying for the
removal of restrictions all'ecting the territorial rights of the people of
the Island."
This joint address from the Legislative Council and House of
Assembly of Newfouudland is so emphatic in its respectfully earnest
' )pcal for the acknowledgment of an undoubted right, that we recommend
its careful perusal as given in full iu the Appendix.
In the concluding section (No. 0) of the same Despatch, his Lordship
states : —
" It appears to Her Mi'jesly's Government that the suggestions
contained in the Koport of the Joint Committee of both Houses,
which was transmitted iu Governor Musgrave's despatch of the 29th
of April, 1807, will afford a reasonable basis for the negotiations which
AXQ now to bo resumed; but before proceeding furtlier, they desire to
learn the views of the Colonial Government, aud I have to rciiufst you
to bring this despatch under the notice of your Ministers, and to ropoit
to me at an eaily opportunity whether they have any objection to the
course proposed."
In accordance with this request, a series of Joint Piosolutions from
both Houses of Newfoundland were passed on the 2i3rd of iVpril, 1871,
stating iu preamble, "That, with the view of terminating the long-
pending contentions that have arisen respecting the rights Q.'i both
nations under the Treaties, it is expedient that negotiations should he
resumed for that purpose on the basis of the said report (lH(i7) as
suggested in the said (Lord Kimberley's) Despatch." This report, with
some amendments, is given in full in the Appendix, page 32, to which
we beg to refei'.
These Resolutions are now believed to form the basis of negotiations
between the English and French Governments in regard to the seltle-
* See Appendix, page 25.
(f
imi
lii
24 Report on the Neivfoiindland Fishery Question.
ment of this question. It must be admitted that the suggestions of
the legislature of Newfoundland are most moderate, and amply meet
all the just claims of the French.
On the 4th of June, 1874, in the House of Commons, Mr. Bourko
said: "He wished to appeal to the right honourable and gallant
member for Stamford (Sir John Hay) to postpone a motion of which
he had given notice in reference to the Newfoundland Fisheries. He
did so on these grounds — the subject had been, and then was, under
consideration, and negociations were going forward both with the
Colony of Newfoundland and the French Government on the subject.
AVhat he wished was that the right honourable and gallant baronet
would postpone his motion until Her Majesty's Government were pre-
pared to make a statement on the subject."
Sir John Hay replied : "He had no difficulty in acceding to the
request of his honourable friend, inasmuch as his sole object was to
assist in settling a very difficult question."
Such is the position of the question at the present time. The temper
and patience of the people of Newfoundland have been sorely tried for
over 0)16 hundred years. But this state of things cannot be expected
to last for ever. The time has arrived when national policy impera-
tively demands that the question should be finally settled ; so that
]3ritish subjects may no longer be deprived of the right of fishing in
their own waters, and colonising and developing the resources of their
own territory. Tlie interests of Newfoundland are most seriously affected
by its being kept open, and those of the Empire require that its right
of sovereiguty within its own dominions should be maintained inviolate.
aC (*
r''^i|M'-iTiririTiiT-«iraTiliirij|M|
Report on the Newfoundland Fishery Question. 25
APPENDIX.
»( * ^
I
It may be added, by way of Appendix, that the value of the products of
the Newfoundland Fisheries, as furnished from Custom House returns for
ISTi, was 8,500,900 dok, equal to £2,127,490 Newfoundland currency ;
that the shipping employed therein amounts to G0,l(i5 tons, that the
number of persons engaged in said fisheries was 48,200, and the capital
invested £1,340,000 sterling. " Besides " (as Lord Houghton stated in
his speech referred to), •' its value as a fishing station, there had been dis-
covered lai'ge copper mines, mountains of statuary marble and mineral
wealth, and also, move lately, the existence of petroleum in largo quantities
— all of which, if these restrictions on the grants of land were continued,
would be excluded from the profitable enjoyment of the Colony."
The following documents bearing further on the question are also
appended : —
Lord liiiiBERLKY to Governor Hill.
Newfoundland. No. 42.
Downing Street, Gth Aur/wt, 1873.
Sir, — With reference to previous correspondence, I have the honour
to transmit to you a copy of a letter from the Foreign Office covering a
copy of a despatch from Her Majesty's Ambassador at Paris, and of a
rote from the Due de Broglie, expressing the readiness of the French
(jovernment to resume negotiations respecting the Newfoundland
Fisheries, and proposing that the two Governments should bo repre-
sented by Special Commissioners.
2. Her Majesty's Government cannot doubt that this announcement
will be received with satisfaction by your Ministers and the Colonists
generally, as representations on this subject have been repeatedly mado
to them by the Newfoundland Government and Legislature since the
former negotiations were broken off.
8. In 180G the Executive Council, by a minute, which was transmit-
ted in the Governor's despatch of the 11th June, urged upon him the
propriety of re-opening correspondence with Her Majesty's Govern-
ment upon the question connect:! with the exercise of territorial rights
n
w,
26 Report oh the Newfoundland Fishery Question.
on the so-called " French Shore ; " and in April, 18G7, Her Mfijestys'
Government were requested, by a report of the Joint Committees of
the Legislative Bodies, to resume negotiations with the French
Government, certain propositions being stated as the basis of such
negotiations.
4. The subject was again considered in 18G3, and in March, 1870, an
Address to the so-called "French Shore " was presented to the Governor.
The Legislative Council wore informed, in reply, that the question was
under the consideration of the respective Governments of Great Britain
and France.
5. In August, 1870, Mr. Bennett and somo of the Newfoundland
Ministers who were then in England urged upon Her Majesty's Govern-
ment the importance of settling these questions ; and in May, 1872, an
Address from the Legislative Bodies was presented to Her Majesty pray-
ing for the removal of restrictions affecting the territorial rights of the
people of the Island.
6. Her Majesty's Government are fully alive to the considerations
which render it important that the long-standing differences as to the
French fishing rights and the settlements of the so-called " French
Shore" should, if possible, be adjusted.
7. They regret that impediments should be thrown in the way of the
colonisation of a large portion of valuable territory, and that the develop-
ment of the mineral and other resources of the Colony, which are believed
to be very considerable in the vicinity of the so-called " French Shore,"
should be delayed by the want of a clear understanding with the French
as to free access on the part of the British settlers to the seaboard.
The fact that the population of certain places near that Shore has been
rapidly increasing, makes it on this account alone most desirable to
arrive at a definite agreement with the French Government, with a view
to prevent the recurrence of collisions and misunderstandings which, but
for the forbearance and co-operation of the Naval officers of the respec-
tive Governments, might lead to serious difficulties between the two
Governments.
8. With respect to this latter point, I need only refer to the com-
plaints made in the years 1809, 1870, and 1871 ; and more especially
to the seizure and confiscation, by a French officer in August, 1872, of
nets the property of British subjects ; and to a collision which
threatened to take place this year owing to the announcement that the
French officers were prepared to insist on enforcing the claim of
the French to an exclusive right of fishing, but which has been
happily averted by orders recently given to the officers of both Crovern-
monls.
I 1
Eeport on the Newfoundland Fishery Question. 27
9. The wholo subject has not beon lost sigbt of by Her Majesty's
Governmont, who have from time to titno been iu cdinmunication upon
it with the French GovGrnmeut ; but for i'e:is ms wiiieh y.iur Ministers
will undorstautl, no favourable oppojLuiiity lius recutly presented itself
for resuming negotiations. It appears to Her Majesty's Guvernmeut
that the suggestions contained in tli ■ Report of the Joint Committee of
both Houses, which was transmitted in Governor Musgrave's despatch
of the 29th April, 18G7, will afford a reasonable basis for the negotia-
tions which are now to bo resumed ; but before proceeding further, they
desire to learn the views of the Colonial Government, and I have to re-
quest you to bring this despatch under the notice of your Ministers,
and to report to me at an early opportunity whether they have any
objection to the course proposed.
I have, &c.
(Signed) Kimberley.
Governor Hill, C.B., Sec. &c. Sec.
Mr. E. Hajimono to the Under- Secketary of State, Colonial
Office.
Foreign Office, Juli/ lith, 1873.
Sir, — With reference to my letter of tire 9th instant, and to previous
correspondence, I am directed by Earl Granville to transmit to you, for
the Earl of Kimberly's cousidenitiou, a copy of a despatch from Her
Majesty's Ambassador at Paris, enclosing a copy of a note from the Due
de Broglie expressing the readiness of tlie French Government to resume
negotiations respecting the Xewfoundlimd Fisheries, and suggesting the
appointment of a Special Commission with the object of settling the
questions at issue. I am, &c.
(Signed) Hammond.
The Under-Secretary of Statk, Colonial Office.
Lord Lyons to Earl Granville.
Paris, June 12th, 1873.
My Lord, — With reference to my despatch. No. G29, of the 2ud
instant, and to your Lordship's, No. 317, of the 9th instant, I have the
honour to enclose a copy of a note dated also the 9th instant, which I
received last night from the Due de Broglie.
28
Report on the Newfoundland Fishery Question.
It expresses the wilHnjirness of the French Government to resume nego-
tiations respecting the Newfoundlaud Fisheries, and proposes that the
two Governments should be represented by Special Commissioners.
I have, &c.
(Signed) Lyons.
The Earl Granville, K.G., itc. &c. &c.
*
> ill'
R
The Duke de Broglie to Lord Lyons.
Versailles, July 0th, 1873.
Ajmbassador, — In recent circumstances your Excellency has shown
the advantiiges that an understanding on the question of the Newfound-
land fisheries would initiate for France aud England ; and you added
that the Goverumeut of Her Britannic Miijesty was prepared to enter
upon tlie subject in iimicable discussion with us.
I hasten to acquaint you that the French Government, who desires
equally to see abolished a state of affairs of which the disadvantages are
not disputed, are quite disposed to renew negotiations, and to adopt
measures to arrive at a conclusion so desirable in their eyes.
The Cabinet of London will judge, I hope, that the best course to
follow in order to facilitate a solution is to entrust, as in preceding cir-
cumstances, to Special Commissioners the duty to represent the respec-
tive interests ; and I will be thankful to your Excellency to be good
enough to acquaint me if it accepts this proposition.
Accept, &c. &c.
(Signed) Broglie.
His Excellency Lord Lyons, &c. &c. &c.
Loud Kimberley to Governor Hill.
Newfoundland. No. 57.
Downing Street, October Gth, 1873.
Sir, — I have the honour to acknowledge youi- despatch, No. 79, of the
4th ultimo, transmitting certain Eosolutions adopted at a meeting of
your Executive Council upon the subject of the rights of Fishery claimed
by the French Govermeut under Treaty, on that part of the coast of
Newfoundland commonly called the French Shore.
S3**'
.i
Report on the Newfoundland Fishery Question. 29
Her Majesty's Government regrets to find that your Ministers are not
prepared to adopt, as a reasonable basis for neootiatinns with the French
Government, the suggestions contained in the report of tlie Joint Com-
mittee of both Houses ; but tliey regret still more the tone and language
of these Resolutions. Her M.ijesty's Government are prepnrcd to up-
hold the legitimate rights of British subjects under the Treaty, but your
Ministers must be aware that the exact limits of those rights have been
in dispute for many years, and a settlement of grave questions of this
kicd, which is so much to he desired in the interest of all parties, can
only he obtained by mutual forbearance and concession, and not by
characterising the claims of the French Government as preposterous
and untenable, nor by assuming that the construction of the Treaty
adopted by the Colonial Government is not open to difference of opinion.
I have, &c.
(Signed) Kimberley.
Governor Hill, C.B., &c. &c. &c.
Joint Adi eess to Her Majesty.
Journal of the House of Assembly of Xeufoundland for 1872, Page 173.
Wednesday, 2'K/i April, 1872.
*' The Hon. the Premier, from the Joint Committee of the Legisla-
tive Council and Assembly appointed to prepare an address to Her
Most Gracious Majesty, praying H 'r Mnjosty to cause to be removed
the restrictions in connectioa wi'Ji the Freuch shore under which this
Colony so inconveniently labours, presented the lleport, which he
handed in at the Clerk's table, where it was read as follows : —
*^To the Queen's Most Excellent Majesty.
Most Gracious Sovereign, —
" We, Your Majesty's loyal and dutiful servants, the Legislative
Council and House of Assembly of Newfouudlmd, beg most humbly to
approach the foot of the Throne and to state as follows : —
" 1. The preseat relations of British and Freuch subjects resident
on that portion of the coast of this Island commonly designated the
Freuch shore, are of such a nature as to press iiyuriously upon the
•i
V
80 Report on the Newfoundland Fishery Question.
interests of British sul>jects, and at the same time to endanger the
peace and harmony that shouM subsist between the subjects of Great
Britain and Franco in the exaroise of those rights secured to them re-
spectively by existing treaties.
" 2. By the Thirteenth Article of the Troxty of Utrecht, • the Island
called Nc.vfoundlind belo ig^ of right to Great Britain,' but it is
' allowed to the subjects of Franco to catch fisli and to dry them on
land,' within certain limits mentioned in that Treaty, while they are for-
bidden ' to erect any huilliugs there, besides stages made of boards,
and huts necessary and usual for drying lish, or to resort to the said
island beyond the time necessary for fishing and drying fish.'
«' 3. By the Fourtli Article of the Treaty of Versailles, 1783, ' His
Majesty the King of Cneat Britain is maintained in his right to the
Island of Newfoundland,' as it wjis assured to him by the Thirteenth
Article of the Treaty of Utreclit, while tlie French fishermen shall
' enjoy the fishery which is assignel to them by the present Article as
they had a right to enjoy that which was assigued to them by the Treaty
of Utrecht.'
"4. The only all orations effected by the Treaty of Versailles, as
regards the fishery rights assigued to the French by the former Treaty
of Utrecht, were —
" First, — An exchange of the lino of coast from Cape Bonavista to
Point Riche for that extending from Cape St. John to the northernmost
point of the island, and thence southward to Cape Ray, which, in point
of fishery privileges, was a greatly increased concession to the French.
" And, secondly, — The Islands of St. Pierre and Miqnelon were
ceded in full ri'iht to France, subject to the modifications in His
Majesty's Declaration accompanying the Treaty. With these exceptions
the Treaty of Utrecht forms the basis of our territorial and fishery
rights.
'* 5. There are certain portions of the strand which the French
have during peace conHnuously oiutiipied, but which in time of war were
taken possession of and occupied by British settlers, who refused to
surrender them on the restoration of peace ; and in order to carry out
the terms of the Treaties, it was found necessary to pass the Act of
His Majesty 2sth George III., cup. 85, to enable His Majesty to remove
them, whicli Act was never put in force i\>v any other purpose. The
last time it was put iri opj'a'ioii, was at the termination of the war
in 1814, in C'MupliaiiCH with tlie )•■ (iniremnnts of the Treaty of Paris.
There were at the -ame time ot •■. portions of the strand in like manner
permanently occupied by British subjects, and have continued to be so
fi
I- i
•■??H^.ti".isiEJ«ai4 "
if 'J
%
Report on the Newfoundland Fishery Question. 81
to the present time. There is no desire, nor have any attempts heen
made, to dispossess the French of the premises occupied by them. On
the contrary, British subjects have been employed to take care of them,
and are still so employed during the absence of the French in winter,
and it rarely happens that any such property is injured or molested.
" 6. On some occasions disputes between British and French
fishermen have occurred during the exercise of their rights, and thus
serious collisions have happened. In order to prevent such collisions
the Governors of Newfoundland had from time to time appointed magis-
trates on that shore for the preservation of law and order ; but from
the departure of Sir J. Gaspard Le Marchant, about the year 1852,
succeeding Governors have been restricted in making any such
appointments.
" 7. The population of that portion of the Island has been of late
years, and is still, greatly on the increase ; but such now is the anoma-
lous, inconvenient, and unsatisfactory state of things arising from the
absence of any recognised jurisdiction or established system of law and
order, that life and property are rendered insecure, and collisions of the
gravest character occur, not only among the British settlers themselves,
but also between them and the French fishermen.
" 8. It was not until the year 18GG that any restrictions were placed
on the exercise of our territorial rights, and the limits from the coast
inwards subsequently prescribed were, from the nature of the case, in-
o))erative and in fact nugatory, inasmuch as the British population for
the greater part were, and still are, actually resident within those limits
in the prosecution of their fisheries.
" 9. The temporary right of the French to the use of the land, as
may be seen by reference to the afore-mentioned Treaties, is imme-
diately upon the sea-coast, and rarely extends beyond a few hundred
yards inland. It is limited simply to the strand immediately bordering
upon the sea, and this only for the purpose of ' curing and drying their
fish ' during the fishing season. In point of fact the French only
occupy a fractional part of the large extent of coast on which they are
permitted the right of fishing ; whereas British subjects are resident on
all parts of the coast where there is safe anchorage.
'* 10. It is important to observe that this part of the coast embraces
by far the best portion of the Island for agricultural, lumbering, mining,
and other industrial pursuits. And were these restrictions to be con-
tinued, settlers would be deprived of the right of roadways, and of
water privileges whence to ship the produce of their industry to
market.
: l£
32 Report on the Newfoundland Fishery Question.
" 11. Another and most seriously prcjudir'ial circumstance arising
from the existing state of things is, tliat the Colony is deprived of the
revenue which would otherwise be derived from the trade on that part of
the coast, besides which shelter and encouragement are thus atlbrded
for smuggling.
" 12. Were a well-organised judicial system established there, it
would tend not only to the preservation of peace and good order, but
also to the protection of Colonial and French Treaty rights.
" 13. On a review of the whole case it is evident, we humbly submit,
that the policy, comparatively recent, pursued by tho Imperial Govern-
ment towards this Colony, in the restrictions so imposed, have placed
the large British population resident on the so called French shore in a
position the most deplorable, and such as is unparalleled in any other
civilised country in the world. Life and property are insecure, the vast
resources which are known to exist on that portion of the coast are
rendered unavailal le, and the revenue which should flow into the Colo-
nial Exchequer under the influence of a regularly constituted order of
things is lost to the country.
" 14. We do not deem it no,;essary to repeat those further argu-
ments which have so often been urged before in support of British rights
upon that part of the cojst. We most humbly and earnestly pray Your
Majesty to cause to be removed the restrictions in reference to the ap-
pointment of magistrates, and also those affecting our territorial rights,
which press so injuriously and inconveniently upon the interests of Your
Majesty's subjects in this Colony, and which we would hiimbly observe
are at variance with the rights secured to this Colony by Acts of the
Legislatui'e, which Acts were subsequently ratified by Y'^our Majesty.
"Passed the Legislative Council, 21th April, 1872.
" (Signed) Edward Morris, Preddent.
"Passed the House of Assembly, 21th April, 1872.
" (Signed) Thomas R. Bennktt, Speaker.''
«« '^
Joint Resolutions.
Journal of the House of Assembly of Newfoundland/or 1874. — Pafje 1G4.
23rd April, 1874.
" The Chairman reported from the Committee, that they had con-
sidered the business to them referred, and had come to certain resolu-
tions thereon, which they had directed him to report to the House and
n !
li
Report on the Newfoundland Fishery Question. 33
he handed the resolutions in at the Clerk's table, where they wore read,
as follows : —
" Resolved, — That this Committee having had under consideration the
report of the joint Committee of the Legislative Council and this House,
adopted by both branches in the Session of 18G7, on the subject of
French right of fishery on the coast of this Island, together with the
despatch of the Right Hon. the Earl of Kimberley to his Excellency
the Governor, bearing date the 6th August, 1873, are of opinion
that with the view of terminating the long-peudiug contentions that
have arisen respecting the rights of both nations under the Treaties, it
is expedient that negotiations should be resumed for thai purpose on
the basis of the said report, as suggested in the said despatch, which
report, with some amendments, is as follows : —
" 1st. Your Committee submit that no question can arise, under the
Treaties, as to the dominion of the soil on the so-called French shore,
in common with the whole Island of Newfoundland, belonging to the
Crown of Great Britain ; and such right in all nogotiaiions between the
two nations on the subject of the Treaties has never been impeached ;
but certain privileges are claimed by the French under these Treaties
and accompanying Declarations, in mahing erections and otherwise on
the coast for fishing purposes ; and it is contended that British subjects
are prohibited from having fixed settlements there.
" 2nd. Your Committee further submit that, without French per-
mission, it is lawful for British subjects to construct buiUlings and re-
side therein for purposes apart from those of fishery, and to make use
of the strand for all purposes essential to the exercise of tlio territorial
dominion of the interior land, and that the term ' fixed settlements, '
referred to in His Britannic ]Majesty's Declaration, appii«.;^ only to such
as are in connection with the fisheries. On the coast are French cstab-
lisbments of a substantial character, unauthorised by the Treaties.
*' 3rd. It would appear to your Committee that the objection to issu-
ing grants and licenses has arisen from the construction given by the
French to their Treaty rights to the use of the shore in connection with
the fishery : and whilst it is advisable that any uncertainty on this
point should be removed by amicable arrangement, yet your Committee
submit that the territory being unquestionably in Great Britain, the
local executive is authorised to issue grants and licenses for agricul-
tural, mining, and other purposes, which have not for their object the
interruption of the French by competition in the fishery. Your Com-
mittee are, however, aware that in the construction of the Treaties as
regards the respective rights and privileges of the subjects of both
f
^1
if
84 Bcport on the Newfoundland Fishery Question.
nations, there has not been general acquiescence, and they would re-
commend ii concurrence in any fair adjustment for the better observance
and exccation of existing Treaties which did not concede any further
rights of fishery to the French on the coast of this Island, nor any
rights or privileges whatever at Belle Isle and Labrador.
" With this view, and in the acceptance of the suggestions of Her
Majesty's Imperial Government for resumption of negotiations with
the Governmcut of France, in order that the utilisation of territorial
rights may uo longer be obstructed —
'* Your Committee recommend that the Legislature should state to
Her Majesty's Government that they are not prepared to agree to any
conccs. ions to the Government of France which should convey to the
French rights of fishery which they do not now possess, under existing
treaties ; but they would recommend the Legislature to consent that the
valuable and important right to purchase bait, both herring and caplin,
on the southern coast, be conceded to the French, at such times as
British subjects may lawfully take the same, upon the terms herein con-
tained being agreed upon.
" It being thus clearly understood that any further concession with
regard to rights of fishery are to be excluded from the negotiations,
your Committee are of opinion that it would be desirable, for the inte-
rest of all parties, if Her Majesty's Government should be able to make
such an arrangement with the Government of France as would embrace
the following matters, viz. :^
" 1st. The establishment of a Joint Naval Commission, which shall
only take cognisance of such matteis as relate to the fisheries, and in
case of disagreement reference be made to the respective Governments ;
all other questions to be dealt with by competent authorities.
** 2nd. That the existing British Settlements in St. George's Bay,
Cod Roy and Bay of Islands, Bonne Bay, and White Bay shall remain
undisturbed ; and there shall be no interruption by the French to fish-
ing by the British in those Bays, nor interference with their buildings
and enclosures there, nor with any erection or buildings on any part of
the coast where the French have a temporary right of fishing, which do
not actually interfere with the fishing privileges of the French, as shall
be determined by the Commissioners ; nor shall British subjects be mo-
lested in fishing on any part where they do not actually interrupt the
French by their competition, the claim asserted by the French to the
exclusive right of fishery not being warranted by the terms of her
Treaties.
**8rd. That no building or enclosure which shall have been erected
for five years shall be removed as interfering with the French fishing
i
I
%
t
?
\
i
I
1^
Report on the Newfoundland Fishery Qtiestion. 35
privileges, without compensation, to be determined only by the Commis-
sioners ; but no compensation shall be payable for any such building or
enclosure hereafter erected without cou'rent of the Commissioners.
" 4th. That the Commissioners she aid determine the limit or bound-
ai7 line to which the French may prosecute their fishei7 ; the British
having the exclusive right of salmon and all other fishing in rivers.
*' 5th. That the breadth of strand of which the French should have
the right of temporary use for fishing purposes should be defined, thus
removing objections to grants of land for all purposes beyond the boun-
dary so to be defined, and within the same for mining purposes, right
being reserved to the British Government to erect on such strand works
of a militaiy or other public character ; and to British subjects for
wharves and buildings necessary for mining, trading, and other pur-
poses, apart from the fishery, in places selected with the permission of
the Commissioners.
"Passed the House of Assembly, 23rd April, 1874."
t
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11