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Acadia  University 

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required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaira  film*  fut  reproduit  grAce  A  la 
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Harold  Campbell  Vaughan  Memorial  Library 

Acadia  Univenity 


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cas:  le  symbols  — ►  signifie  'A  SUIVRE",  le 
symL  3le  V  signifie  "FIN". 

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1 

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6 

EEPOET   OF    THE    COUNCIL  /^  «  , 

T«  1 


OF   THE 


# 


|l0pl  €M\A  %miMi 


ON  THB 


NEWFOUNDLAND  FISHERY  QUESTION. 


NOVEMBER,  1875. 


XJNWIN  BROTHEES,  PEINTEES,  109A,  CANNON  STEEET; 

AOT)  AT  CHILWORTH,  SURREY. 
1876. 


A 


4 


INTRODUCTION 


t 


J  ' 


W 


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i 


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

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

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

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

From  this  Report  it  will  be  seen — 

1.  That  the  French  have  only  been  allowed  certain  rights 


in 


^^  9/x 


iy 


Introduction. 


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

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

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

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

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

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

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


FREDEEICK  YOUNG, 

Honorary  Secretary. 


London,  November,  1875. 


■'■   ■■.,,  !■        ■■^■'        ■■■=",»'.. 


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


EEPOET 


ON   THB 


I       NEWFOUNDLAND  FISHERY  QUESTION. 


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


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

(I.) 

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

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

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

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

Treaty  of  Utrecht 11th  April,  1713. 

Treaty  of  Paris      10th  February,  1763. 

Treaty  of  Versailles  8rd  September,  1783. 

British  Declaration 8rd  September,  1783. 

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

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


0  Repoit  on  the  Newfoundland  Fishery  Question. 

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

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

Treaty  of  Amiens,  Art.  15 1802, 

Merely  confirms  Treaty  of  Yersailloa. 

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

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

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

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

Convention 4th  April,  1857. 

Not  confirmed  by  Local  Government  of  Newfoundland. 

Decree  (France)      4th  April,  1857. 

Belates  to  the  above  Convention. 

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

Expired  Slst  December,  1834. 

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

1.  Treaty  of  Utrecht  ...         1718. 

2.  Treaty  of  Paris 1763. 

8.  Treaty  of  Versailles       1783. 

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

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


(1) 

Tbeaty  op  Uteecht. 

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

Extract  (Translation). 

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


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


Report  on  the  Newfoundland  Fishcinj  Question. 


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

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

"Done  at  Utrecht,  the  llth  April,  1718. 

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

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

Extract  (Translation).  • 

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


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


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


'f  1 


6  Report  on  the  Newfoundland  Fithery  Question. 

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

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

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

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

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

(8) 
Treaty  of  VERSATiiLES. 

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

Extract  (Translation  as  laid  before  Parliament). 

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

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

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


Report  on  the  Newfoundland  Fishery  Quettion.  # 

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

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

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

■        (4)    '■  ■■■•      •■ 

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

Paris,  the  80th  May,  1814.^= 

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

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

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

tho  footing  in  which  it  stood  in  1702." 

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

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

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

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


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


10 


Repoi't  on  the  Newfoundland  Fishery  Question. 


I 

;  If 


;  !i 


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

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

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

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

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

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

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


!t«« 


Report  on  the  Newfoundland  Fishery  Question.         11 

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

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

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

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

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

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

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


12         Report  on,  the  Newfoundland  Fishery  Question. 

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

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

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

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

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

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


--■#fe 


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


Report  on  the  Newfoundland  Fishery  Question.         13 

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

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

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

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

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

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

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


14  Report  on  the  Newfoundland  Fishery  Question. 


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

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

Commander  Knowles  writes  : —        ^         *  ^ 

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

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

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

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

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

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


* 


I 


Report  on  the  Newfoundland  Fishery  Question.         15 


I,  and 
rench, 
now 
ke  the 

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


Don,  and 

■es  use) ; 
line  and 

that  the 
Bvent  the 
eizures  of 

in  places 

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

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

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


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

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

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

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

he  did  not  know." 

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

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


jg         Report  on  *«  W«»-' 

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

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

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

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

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

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

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

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

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

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

Government  to  ine 


Report  on  the  Neiofoundland  Fishery  Question.        17 


of 
jm 

[Wy 

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

ay  defiiute 

an  excln- 
jlatation— 

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

an  the  defl- 

theGo^e"^' 
pacldngton, 

2,  and  to  be 
foundland  for 

states :— 
I  forbidding  t^e 

to  injure  the 
^te^boleqties- 
,epattofot« 

the  Trea*^  of 


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

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

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

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

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

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

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

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

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


'\ 


n 


\ 


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Report  on  the  New/uundland  Fishery  Question,         19 


ght  •  oi 
whicb  it 

Ical  f*ctB. 
?83;  ^^ 

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

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

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

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

emmeiit  has  never 
ject  to  deprive  the 
Uch  in  taking  fi8h 

It  interrupting  the 
ith  the  true  spirit  ot 


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

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

•'  To  His  Excellency  Count  Sebastiani." 

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

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

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

b2 


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

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

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

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

.       Fabvte,  on  the  P«t  "^  g,„t^  „„  the 

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

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

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

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

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

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

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

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

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

difference  prevailed. 


g  to  ft 

vaa  to 
ication 
in  that 
Aed  by 

e  result 
idopt  it» 

1,  for  it 
nd> 

t  to  fish 
jtipttlated 
,  the  said 
or  boats 

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

iantofNew- 
and  Captain 
attempted  to 

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

ftde  their  report 
3aptton  Dunlop, 
^Q  arrangement 

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


Report  on  the  Newfoundland  Fishery  Question.        21 

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

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

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

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

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

The  Petitioners  stated  that : — 

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

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

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

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


I\ 


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

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

preventiug  the  o^^  -  ^lie  power  of  taKing 

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

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

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

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

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

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

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

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

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

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

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

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

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

^T^our  Petitioners  therefore  .^toth^^ 

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

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

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

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

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

.rii    or    onforeomout  ^^^^ 

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

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


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


lency 
ition- 

fecl  oC 
priving 

is  Bucb 
jdlothe 

ners  are 
»inent  to 
itbin  the 

jh  embft'"' 
prevalent 

money  fot   . 
\»hich  will* 
,e  witbheld 

honourable 

bo  cause  the 
Carnarvon's 

,nt  in  a  posi- 
X  Petitioners 

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

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

clearly  secured  to 
rrilory" 


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

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

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

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

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

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

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

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


*  Se«  Appendix,  page  25. 


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

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

at  nf  his  honourable  mena,  ^^ 

request  ot  ms  ^^  question.  -»^  ^^per 

of  sovereignty withunwomio 


14. 

lit 


JReport  on  the  New/otrndUund  Fiihury  QmiiAon.        29 


APPENDIX. 


I  temper 
iried  for 
expected 
J  impera- 

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

iimolate^ 


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

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

Lord  Eoibeblet  lo  Goyebkob  Hill. 

Newfoundland.  No.  42. 

Downing  Streett  Qih  August^  1878. 

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

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

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


\    I 


88         Report  o* ».  ^' J  ^^^  ^^^,., 

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

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

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

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

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

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

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

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

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

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

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

Governments.  ,        ,    „ij  jrfer  to  the  com- 

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

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

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


s  of 
ncli 
laoh 

)  an 

was 
ritam 

dland 
>vern- 
72,  an 
pray- 
of  the 

rations 
to  the 
French 

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

the  com- 

especially 

t,  1872,  of 

»ion  which 

it  that  the 

claim   of 

has    been 

oth  Govern- 


Repoi-t  on  the  Newfoundland  Fishery  Question.        27 

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

I  have,  &c. 

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


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

Office. 

Foreign  Office,  July  lith,  1878. 

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

(Signed)        Hammond. 

The  Undeb-Seobetaby  of  State,  Colonial  Office. 


LoBD  Lyons  to  Eabl  Gbanville. 

Palis.  June  12th,  1878. 

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


!l 


M 


Report  ou  the  Newfownd^and  FUhet-y  Question. 


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

I  have^  &o. 

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


^r 


The  Duke  de  Bboglie  to  Lobd  Lyons. 

Versailles,  July  9th,  1878. 

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

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

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

Accept,  &c.  &o. 

(Signed)        Bboglie. 

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


^  ^ 


Lord  Eimbeblet  to  Govebnob  Hili;.. 

Newfoundland.  No.  57. 

Downing  Street,  October  Gth,  1873. 

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


Report  on  the  NewfoundUmd.  Fishery  Question.        29 


nd- 
ded 
iter 


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


I  have,  &c. 


(Signed)      Eimbeblet. 


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


iires 
jare 
dopt 

e  to 
cir- 
pec- 
good 


Joint  Address  to  Hep  Majesty. 

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

Wednesday,  2ith  April,  1872. 

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


l73. 

lof  the 
Ing  of 

laimed 
Last  of 


*^  To  the  Queen's  Most  ExeeUent  Majesty, 

Most  Gbaoious  Sovebeign, — 

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

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


80 


Report  on  the  Newfoundland  Fishery  Qtiestion. 


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

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

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

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

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

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

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


A,    K 


1   I 


"^^ppwpr 


A 


<< 


Report  on  the  Newfoundland  Fishery  Queetion,        81 

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

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

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

* 

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

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

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


8d  Report  on  the  Newfoundland  Fishery  Qtieition. 

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

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

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

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

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

"  (Signed)    Edwabd  Mobbis,  President. 

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

"  (Signed)    Thomas  R  Bennett,  Speaker." 


Joint  Besolutions. 

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

2Brd  AprU,  1874. 

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


Report  on  the  Newfoundland  Fishery  Question.        88 


^'i 


/ 


i 


( 


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

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

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

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

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


■  / 


r 

\ 


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

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

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

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

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

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

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

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


\J 


"iifa-ar' 


g 


r 


Report  on  the  Newfoundland  Fiahery  Quettion.        85 

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

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

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

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