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of the Treaty of Utrecht, which Article is renewed and confirmed by the Nr. 10086. present Treaty (except what relates to the Island of Cape Breton, as well as britannion. to the other islands and coasts in the mouth and in the Gulf of St. Law-12. Juni 1884. rence); and His 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 distance of 3 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 coast of the Island of Cape Breton, out of the said gulf, the subjects of the Most Christian King shall not be permitted to exercise the said fishery but at the distance of 15 leagues from the coast of the Island of Cape Breton; and the fishery on the coast of Nova Scotia or Acadia, and everywhere else out of the said gulf, shall remain on the foot of former Treaties." || And by Article VI of the same Treaty, "The King of Great Britain cedes the Islands of St. Pierre and Miquelon in full right to His Most Christian Majesty, 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 them a guard of fifty men only for the police." || And by Article IV of the Treaty of Versailles, 1783, that "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 XIIIth 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." || And by Article V of the said last-named Treaty, that "His Majesty the Most Christian King, in order to prevent the quarrels which have 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, situated on the eastern coast of Newfoundland, in 50o 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 Ray, situated in 47° 50' latitude. The French fishermen shall enjoy the fishery which is assigned to them by the Treaty of Utrecht." || And by Article VI of the said last-named Treaty, that, "With regard to the fishery in the Gulf of St. Lawrence, the French shall

Cap de Bonavista, jusqu'à l'extrémité septentrionale de la dite île, et de là en suivant la partie occidentale, jusqu'au lieu appelé Pointe-Riche. Mais l'ile dit Cap Breton et toutes les autres quelconques, situées dans l'embouchure et dans le Golphe de SaintLaurent, demeureront à l'avenir à la France, avec l'entière faculté au Roi Très Chrétien d'y fortifier une ou plusieurs places."

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Nr. 10086. continue to exercise it conformably to the Vth Article of the Treaty of britannien. Paris." || And by a Declaration of His Britannic Majesty, dated the 3rd day 12. Juni 1894. of September, 1783 *), it was declared that "The King, having entirely agreed with His Most Christian Majesty upon the Articles of the Definitive Treaty, will seek every means which shall not only insure the execution thereof, with his accustomed good faith and punctuality, but will besides give, on his part, all possible efficacy to the principles which shall prevent even the least foundation of dispute for the future. | To this end, and in order that the fishermen of the two nations may not give cause for daily quarrels, His Britannic Majesty will 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 is granted to them upon the coasts of the Island of Newfoundland; and he will, for this purpose, cause the fixed settlements which shall be formed there to be removed. His Britannic Majesty will give orders that the French fishermen be not incommoded in cutting the wood necessary for the repair of their scaffolds, huts, and fishingvessels. "The XIIIth Article of the Treaty of Utrecht, and the method of carrying on the fishery, which has at all times been acknowledged, shall be the plan upon which the fishery shall be carried on there; it shall not be deviated from by either party; the French fishermen building only their scaffolds, confining themselves to the repair of their fishing vessels, and not wintering there; the subjects of His Britannic Majesty, on their part, not molesting in any manner the French fishermen during their fishing nor injuring

*) "Le Roi étant entièrement d'accord avec Sa Majesté Très Chrétienne sur les Articles du Traité Définitif, cherchera tous les moyens qui pourront non seulement en assurer l'exécution, avec la bonne foi et la ponctualité qui lui sont connues, mais de plus donnera, de son côté, toute l'efficace possible aux principes qui empêcheront jusqu'au moindre germe de dispute à l'avenir. || A cette fin, et pour que les pêcheurs des deux nations ne fassent point naître des querelles journalières, Sa Majesté Britannique prendra les mesures les plus positives pour prévenir que ses sujets ne troublent, en aucune manière, par leur concurrence, la pêche des François, pendant l'exercice temporaire qui leur est accordé, sur les côtes de l'Ile de Terre-Neuve; et elle fera retirer, à cet effet, les établissemens sédentaires qui y seront formés. Sa Majesté Britannique donnera des ordres pour que les pêcheurs François ne soient pas gênés dans la coupe de bois nécessaire pour la réparation de leurs échaffaudages, cabanes, et bâtimens de pêche. || L'Article XIII du Traité d'Utrecht, et la méthode de faire la pêche qui a été de tout tems reconnue, sera le modèle sur lequel la pêche s'y fera. On n'y contreviendra pas, ni d'une part ni de l'autre; les pêcheurs François ne bâtissant rien que leurs échafaudages, se bornant à réparer leurs bâtimens de pêche, et n'y hivernant point; les sujets de Sa Majesté Britannique, de leur part, ne molestant aucunement les pêcheurs François durant leurs pêches, ni ne dérangeant leurs échaffaudages durant leur absence. Le Roi de la Grande-Bretagne, en cédant les Iles de Saint-Pierre et de Miquelon à la France, les regarde comme cédées à fin de servir réellement d'abri aux pêcheurs François, et dans la confiance entière que ces possessions ne deviendront point un objet de jalousie entre les deux nations; et que la pêche entre les dites îles, et celle de Terre-Neuve sera bornée à mi-canal."

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12. Juni 1884.

their scaffolds during their absence. || The King of Great Britain, in ceding Nr. 10086. the Islands of St. Pierre and Miquelon to France, regards them as ceded for britannien. the purpose of serving as a real shelter to the French fishermen, and in full confidence that these possessions will not become an object of jealousy between the two nations, and that the fishery between the said islands, and that of Newfoundland shall be limited to the middle of the channel." || And by a Counter-Declaration of His Most Gracious Majesty the King of France, dated the 3rd day of September, 1783*), it was declared, that "The principles which have guided the King in the whole course of the negotiations which preceded the re-establishment of peace must have convinced the King of Great Britain that His Majesty has had no other disign than to render it solid and lasting, by preventing as much as possible, in the four quarters of the world, every subject of discussion and quarrel. || The King of Great Britain undoubtedly places too much confidence in the uprightness of His Majesty's intentions not to rely upon his constant attention to prevent the Islands of St. Pierre and Miquelon from becoming an object of jealousy between the two nations. || "As to the fishery on the coasts of Newfoundland, which has been the object of the new arrangements settled by the two Sovereigns upon this matter, it is sufficiently ascertained by the Vth Article of the Treaty of Peace signed this day, and by the Declaration likewise delivered to-day by His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary; and His Majesty declares that he is fully satisfied on this head. || In regard to the fishery between the Island of Newfoundland and those of St. Pierre and Miquelon, it is not to be carried on by either party but to the middle of the channel; and His Majesty will give the most positive orders, that the French fishermen shall not go beyond this line. His Majesty is firmly persuaded, that the King of Great Britain will give like orders to the English fishermen." || And by

*) "Les principes qui ont dirigé le Roi, dans tout le cours des négociations qui ont précédé le rétablissement de la Paix, ont dû convaincre le Roi de la GrandeBretagne, que Sa Majesté n'a eu d'autre but que de la rendre solide et durable, en prévenant, antant qu'il est possible, dans les quatre parties du monde, tout sujet de discussion et de querelle. Le Roi de la Grande-Bretagne met indubitablement trop de confiance dans la droiture des intentions de Sa Majesté, pour ne point se reposer sur l'attention constante qu'elle aura d'empêcher que les Iles St. Pierre et Miquelon ne deviennent un objet de jalousie entre les deux nations. || Quant à la pêche sur les côtes de Terre-Neuve, qui a été l'objet des nouveaux arrangements dont les deux Souverains sont convenus sur cette matière, elle est suffisamment exprimée par l'Article V du Traité de Paix signé ce jourd'hui, et par la Déclaration remise également aujourd'hui par l'Ambassadeur Extraordinaire et Plénipotentiaire de Sa Majesté Britannique; et Sa Majesté déclare qu'elle est pleinement satisfaite à cet égard. || Pour ce qui est de la pêche entre l'Ile de Terre-Neuve et celles de St. Pierre et Miquelon, elle ne pourra se faire, de part et d'autre, que jusqu'à mi-canal, et Sa Majesté donnera les ordres le plus précis, pour que les pêcheurs François n'outrepassent point cette ligne. Sa Majesté est dans la ferme confiance que le Roi de la Grande-Bretagne donnera de pareils ordres aux pêcheurs Anglois."

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Nr. 10086. further Treaties between the said Great Contracting Parties, viz., by Article VIII britannien. of the Treaty of Paris, 1814, it was agreed, that "His Britannic Majesty, stipu12. Juni 1884. lating for himself and his allies, engages to restore to His Most Christian Majesty, within the term which shall be hereafter fixed, the Colonies, fisheries, factories, and establishments of every kind which were possessed by France on the 1st January, 1792, in the seas, on the Continents of America, Africa and Asia, with exception, however, of the Islands of Tobago and St. Lucia, and the Isle of France and its dependencies, especially Rodrigues and the Seychelles, which several Colonies and possessions His Most Christian Majesty cedes in full right and sovereignty to His Britannic Majesty, and also the portion of St. Domingo ceded to France by the Treaty of Basle, and which His Most Christian Majesty restores in full right and sovereignty to His Catholic Majesty." And by Article XIII of the said last-named Treaty, that "The French right of fishery upon the Great Bank of Newfoundland upon the coasts of the island of that name, and of the adjacent islands in the Gulf of St. Lawrence, shall be replaced upon the footing in which it stood in 1792." And by Article XI of the Treaty of Paris, 1815, that the Treaty of Paris of the 30th May, 1814, and the Final Act of the Congress of Vienna of the 9th June, 1815, are confirmed, and shall be maintained in all such of their enactments which shall not have been modified by the Articles of the present Treaty." || Under the provisions of these Treaties the French have hitherto maintained that they enjoy || 1. An exclusive right of fishery on that portion of the coast of Newfoundland between Cape St. John and Cape Ray, passing round by the north of the island. | 2. That all British fixed settlements, of whatever nature, on that portion of the coast are contrary to Treaty. || The British Government, on the other hand, have maintained— || 1. That British subjects have a right to fish concurrently with the French, so long as they do not interrupt the latter. || 2. That the undertaking in the Declaration of 1783, to cause the removal of fixed settlements, referred only to fixed fishing settlements, and that fixed settlements of any other kind are not contrary to the Declaration. || French fishermen have, moreover, been in the habit of fishing the rivers, and of barring them with nets or weirs, interrupting the free circulation of salmon, and thereby causing great injury to the salmon fishery. || The British Government, however, have always maintained, that the French have no right to the fisheries in rivers. || The Covernment of France each year during the fishing season employ ships of war to superintend the fishery exercised by their countrymen, and in consequence of the divergent views entertained by the two Governments respectively as to the interpretation to be placed upon the Treaties, questions of jurisdiction, which might at any moment have become serious, have repeatedly arisen. Such being the provisions of the Treaties, and the construction placed upon them by the Governments and subjects of the two countries, practical difficulties have naturally occurred, and it has become of urgent importance that

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they should be removed. || The colonists have for some years past been desirous Nr. 10086. of developing the resources of their country as regards mines, agriculture britannien. and other industries, but have constantly been met with the objections of the 12. Juni 1884. French Government to their doing so, and the development of the Colony on that part of the coast of Newfoundland where the French enjoy Treaty rights has been practically at a standstill, although rich mines are known to exist there, and the agricultural capabilities of the Colony are undoubtedly most valuable. | Your Government are aware, that the present Commission is the eight which has been appointed since the year 1846 for a settlement of the Newfoundland Fishery question, and it may be useful here to recapitulate briefly the various terms which have been proposed in the previous negotiations as a basis of settlement, in order to show distinctly how much more favourable to the Colony is the present arrangement as compared with the terms proposed on any previous occasion. || In the year 1844 the French Government proposed negotiations to be held in London, and previous to opening them it was determined to appoint a British and French Commissioner in Newfoundland to report upon the question. || Captain Fabvre, Commander of the French Naval Station, and Mr. Thomas, President of the Chamber of Commerce at Newfoundland, were, in consequence, appointed by their respective Governments. || On the 30th July, 1844, Mr. Thomas made his Report to the Governor. In this Report he suggested, with regard to the French claim of "exclusive rights," that the respective fishermen of both nations should be kept separate and distinct in their fishing places. He also suggested the extension of the French fishery limits to Belle Isle North, and made suggestions with regard to the sale of bait to French fishermen. || This Report resulted in negotiations being held in Paris in the month of March 1846.

The British Commissioner, Sir A. Perrier, was authorized to offer, in exchange for the French cession of all rights between Cape Ray and Bonne Bay, the following concessions:- || Admission of exclusive right of fishery from Bonne Bay to Cape St. John, going round by th north. || Exclusive right of French fishery, drying and curing at Belle Isle North. || Permission for English fishermen to sell bait at St. Pierre. || At preliminary Conferences held in Newfoundland these measures had nearly been agreed to by Mr. Thomas and Captain Fabvre; but Captain Fabvre was desirous of retaining for France, in addition to the exclusive rights above mentioned, her rights of fishing, curing fish, &c., at Cod Roy, Red Island, Port-à-Port, and Lark Harbour, and to acquire for the French a "concurrent" right of fishery on the coast of Labrador. The instructions, however, to the French Commissioner did not admit of his negotiating on the above-mentioned principles, and as no new propositions were brought forward by the French Government up to the month of May 1847, the negotiations fell through. || On the application of the French Government in 1851 negotiations were renewed, Sir A. Perrier being again directed to proceed to Paris to act as British Commissioner, M. de Bon being

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