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FRANCE. No. 2 (1891).

T^r^^"

FURTHER CORRESPONDENCE

RESl'KC'I'ING THE

NEWFOUNDLAND FISHERIES

1890-91.

Presented to both Houses of Parliament by Command of Her Majesty.

March 1891.

LONDON:

PRINTED FOR HER MAJESTY'S STATIONURT OFFICE

BY HARRISON AND SONS, ST. MARTIN'S LANE,

VKIHTIRS IN OROINAHV TO HIR MAJIITT.

And to be p'uchued, either directly or througli any BooicMller, firom

., EYRE AND SFOTTISWOOSE, East Haroino Stbbit, Flirt Strut, B.C.; or

' JOHN MENZIBS & Co., 12, Hanotrr Strut, EDiMiDRoa, and

21, Drurt Strut, Glassowi or

HODGE&, FIOGIS, & Co.. 104, Graftoh Strut, Dublin.

[C— 6256.] Price Is. 2id.

TABLE OF CONTENTS.

Ko.

Name.

Date.

Subject

Page

Earl of Lytton ,.

June 6, 1890

Conversation with M. Ribot. French Government
hope to arrive at a general settlement, but con-
sider that Her Majesty's Government should take
the initiative in making proposals, after consulting
the Colonial Representatives

Admiralty . ,

10,

Reports of Naval Officers on Newfoundland
Station. Orders issued by Sir B. Walker re-
specting the carrying out of the mndtu vivtndi , .

Colonial Office

16,

Transmits copy of a despatch from the Governor
of Newfoundland, inclosing a Petition to the
Queen on the 8ul)ject of French Treaty rights,
and protesting against the modus vivendi

•> » • • • •

I6i

Transmits copies of correspondence with Admiralty
respecting instructions issued to naval officers on
Newfoundland Station for the removal of cod-
traps when they interfere with French fisheries . .

Lord Kiiutsford to Governor
Sir T. O'Brien

24,

Answer to the Petition inclosed in No. 3. Explains
true nature of the modus vivendi, and its
temporary character. Difficulties in the way of
arriving at a final settlement of the differences
with France . . . . . . , .

Colonial Office . ,

26,

Reported landing of a French armed force in St.
George's Bay. Transmits copy of despatch from
Governor of Newfoundland, inclosing copies of
correspondence showing the newspaper accounts
to be quite unrchable .. .. ..

If » • • • ■

27,

Alleged disturbances at Port-a-Port. Telegram
from Governor, reporting rumour to be unfounded

Earl of Lytton

July 5,

French fishery bounties. Bill prolonging them till
1901 passed Chamber of Deputies

Admiralty

Transmits copy of lleport by Lieutenant Gray on
the working of the Newfoundland Bait Laws

) •• • *

Occurrences at St. George's Bay. Full Report by
Sir B. Walker ..

If •» ••

111

Transmits lleports by Sir B. Walker and Com-
mander Riddel. Delimitation under the modus
vivendi of the fishing grounds at St. Margaret's
Bay. Notice to close served on M. Lnroux's
lobster factory

Earl of Lytton , . , ,

20,

Frenoh shipping at. and export of cod from, St.
Pierre. Note extracted from the '' Journal
Officiel"

Colonial Office .. ,,

21i

Transmits copy of an Address to the Queen passed
by both Houses of the Newfoundland Legis ature.
Proposes to defer answering it pending the nego-
tiations with Colonial Delegates

Admiralty . .

23,

Misstatements of Newfoundland newspapers. Report
by Sir B. Walker, explaining the real facts

Earl of Lytton ..

25,

French bounties. Prolongation Bill passed by
Senate . .

Colonial Office ,,

28,

Transmits copy of a desp.itch from Governor,
inclosing lleport by Sir B. Walker. Quiet state
of tlip west coast. Proposed action against
Sir B. Walker for closing Mr. Baird's lobster
(iictory. Letter from Nlr. Howley on the
grievances of the inhabitants of the west coast . .

II II •• ••

Aug. 2,

Transmits copy of a Memorandum by Sir W. White-
way, suggesting the bases of a settlement by
arbitration

Admiralty

Transmits lleport by Sir B. Walker on his pro-
ceedings in connection with the closin ,' of two
Biitisli lobster factories. Conciliatory i ttitude of
French Commodore

•1!'

Comnunder Uiddel to Captain
Sir B. Walker

July 8,

Heportof proceedings in connection with tlv lobster
fislieries. Coi)ies of correspnudence will' French
Commodore respecting complaints agair^t Britisli

fishing vossi'ls and action taken thereon
* * *

[84]

• V]

■^>

, V

TABLE OP CONTENTS.

No.

21
22
33

Name.

29
80

31
82

83
34

85
.36

Lieutenant-Commander Oray
to Captain Sir B. Walker

Admiralty ,.

To Earl of Lytton,.
Earl nf Lytton . .

Date.

July

12.

lb90

Sept.

2,
24.
26,

II l>

« »l - • •

Colonial Office

To Earl of Lytton

Admiralty

• • • •

. Oct. 4,
30,

Nov. 10,

17.

14,
17,

Colonial Office ..

„ I, • •

M. Waddington ,.

Colonial Office ..

Earl of Lytton ,.

Colonial Office . .

)i i» • •

21,
22,

28,

29,
Dec. 11,

20,
31,

Jan. 5, 1891

Subject.

Hoarding by French man-of-war of Briliih fishing
vesseU, alleged to be without name& or papers,
and engaged in tishing with cod-traps. Protest
made to French Captain . . . . . .

Transmits copies of Itcports by Commander Riddel
on his proceedings when visiting various ports,
and giving details as to the lobster and cod fitlieries

Instructions to submit to French Government pro-
posals lor a general settlement of the Newfound-
land Fishery question . . . .

Conversation with M. RIbot on communicating to
him above proposals. Their unfavourable recep-
tion. Definite answer promised after consideration
by French Cibinet . ., .. .,

I'ransmits copy of note from M. Ribot, stating that
the Minister of Marine has been requested to
take the Itritish proposals into immediate con-
sideration ,. .. .. ,.

Rejection of British proposals by French Govern-
ment. The latter willing to negotiate with a
view to a settlement by arbitration, or by an agree-
ment analogous to that of 1885. Note from
M. Ribul ,. ,. .. .,

Transmits copy of despatch to Governor of New-
foundland, reviewing the course of the negotia-
tions with the Newfoundland Delegates, and
stating that negotiations have been opened with
France , . . . , . , . , ,

Conversation with the French Ambassador. Pro-
posal of Newfoundland Delegates for extinguish-
ing the French Treaty rights and discontinuing
the French bounties, in consideration of freedom
of bait supply and some pecuniary compensation,.

Transmits copies of Reports by naval officers on
Newfoundland Station, on British and French
lobster factories . .. ., ,,

Transmits copy of Sir B. Walker's Report on the
working of the modutt vivendi, inclosing corre-
spondence with French Commodore . .

Naval Reports on the fisheries during last season
sent to Colonial Office, for transmission to
Foreign Office. Proposes to approve proceedings
of naval officers .. ,, .. ..

Alleged interference of Mr, Shearer's lobster fishnry
with French fishing operations. Transmits copy
of letter from Admiralty, inclosing Report l)y iir
H, Walker, with correspondence between British
and French naval officers . .

Transmits copy of telegram to Governor of New-
foundland, urging that, as negotiations with France
for a settlement by arbitration will require time,
the statutory sanction of Colonial Legislature
should be obtained for a renewal of last year's
modus vivendi . . . . . . . .

Refusal of French Government to negotiate on the
basis proposed in Nos. 23 and 27 . ..

Telegram from Governor, stating that his Govern-
ment will only consent to arbitration if it includes
withdrawal of French from Treaty Shore, and
that they decline to propose legislation for the
renewal of the modus vivendi ,. . .

nebate in French Senate on the question of a general
settlement. Transmits Report of discussion ex-
tracted from the " Journal Officiel " .. ..

.Vction against Sir B. Walker threatened by Messrs.
Payzaiit and Fraser for closing their lobster
factory. Transmits copy of Admiralty letter,
inclosing Report by Sir B. Walker . .

Triinsmits copy of Admiralty letter, inclosing naval
Reports for last fishery season, and despatch to
Governor of Newfoundland, calling his attention
to the several points noted in tliese Reports.
Suggests representation to French Government
respecting the illicit traffic in spirits between
St. Pierre and the Newfoundland coast

Page

«i) H ^

'^iHk^&^^-i^Mi^

TABLE OF CONTENTS.

3<J

40
41

42
43

Xanii'.

45
46

To Admiralty ..

To Eurl of Lvtton. ,

Loni Kniifkford to Govoriior

Sii- T. O'lJrifii
Admiralty to Colonial Office .

To Colonial 0(li(f

Colcjiii.il Offire ,,

Date.

SUBJICT.

Jnii. 10, 1891

14,

44 Ailniiivilty to Vict>-Ai!niiral 20,

^V;^l•.ou I

To M. Va(l(lin;;li,ii
To Earl of Lvltoii..

48 Colonial Ollicc .,

I
SO DiM-l;:ration ,,

51 M. Waiiciington ..
fi'^ To M. Waildlngton

15,
15,

IG,
10,

• ■ I 20,

.. Feb. 11,

14,

27,

Mar. 6,
11

11,
11.

Sir U. Walker's Heport on the workini^ of tlic
modus Vivendi. Keqiipsts tliat approval of hi«
proceodinf^B by Her Mujeity's Government be
conveyed f 3 him .. .. ..

Illicit traffic in spirits between St. Pierre and New-
fnnndlnnd const. Inotrnctions to press French
Government to adopt measures for repressing the
traffic . . .. .. ,.

Reply to Address of both Houses of (^oloiiial Legis-
lature to the Queen (inclosed in No. 13)
French establishment at Le Croc. Ueport by Sir
B. Walker. The French depot is a fi.xed one,
but is unoecuplcd, and will probably not be
utilized again . . .. .. . .

Reviews present position of question, and attitude
of the Colonial Government. Necessity of clearly
(letiiiiiig nature of Trealy rights, and submitting
to France proposals for arbitration. Pending
these negotiations, some intermediate arrangement
must be made for tlic coming fishery season
Concurs in Lord Salisbury's views as to arbitration,
and renewal of modus vivtndi. Legislation for
the purpose will be considered
Conveys approval by Her Alajesty's Government
of proceedings of naval officers on Newfoundland
Station in connection with the fisheries
Suhniits jiroposals for arl)ilration
(jeneral prnciple of arbitration accepted by French
Government. Conditions on which they will
agree to inniiediate arbitration on lobster question.
Has int'ornied .M. Waddington that Her .^lajesty's
Government agree generally in the jiroposals
made by the French Government. Brussels
suggested as place of meeting for Tribunal of
Arbitration . . , . ..

Public Notice circulating on the west coast, calling
ujjon British fishermen to take legal proceedings
against any British naval officer interfering with
their fishery. Telegrams exchanged with Govern-
ment of Newfoundland .. ..

Further telegram from Governor on the subject of
above Notice .. .. ., ..

Agreement for reference to arbitration of certain
qnesti(ms connected with the Newfoundland
fisheries
Recording selection of Arbitrators. Arrangement

made subject to Parliamentary sanction
Ditto .. ,i .. ,.

Page

87
8»

90
90

91
91

95
96

Page

.— —

f of the

\\ of his

ment be

ml Ncw-

Frciich

ssiiig tlie

, ,

al Legis-

S")

rt by Sir

xcd one.

not be

, .

attitude

if clearly

ilimittinjr

Pending

ingeinent

son

bitration,

ntion for

, ,

vcrnment

oundland

, ,

V French

hey will

question.

Further Correspcmdence respecting tlie Newfoundland Fisheries.

lubject of

■ •

f certain

oundland

mgement

, ,

No. 1.
The Earl of Lytlon to the Marquin of Salisbury, — (Received June 6.)

My Lord, Paris, June 5, 1890.

M. RIBOT repeated to mc yesterday that I»c Iiad no recent information from
Newfoundland.

He expressed confidence in tlie possibility of arriving at a final settlement of the
Fishery question on terma satisfactory to Englanl and France, but said that France could
not take the initiative in making proposals for such settlement, nor expect Her Majesty's
Government to do so until after consultation witli the Representatives of the Newfound-
land Government, who, he understood, had not yet arrived in England.

I have, &c.
(Signed) LYTTON.

No. 2.

Admiralty to Foreign Office. — {Received June 12.)

Sir, Admiralty, June 10, 1890.

I AM commanded by my Lords Commissioners of tlie Admiralty to transmit
herewith, for the information of the Secretary of State, copy of a letter from the Captain
of Her Majesty's ship " Emerald," together with copies of its inclosures, respecting the
proceedings of that ship, the " Pelican," and the " Forward," with regard to the protec-
tion of the Newfoundland fisheries.

I am, &c.
(Signed) EVAN MACGREGOR.

Inclosure 1 in No. 2.

Captain Sir B. Walker to Vice-Admiral Watson.

Sir, " Emerald," at St. John's, May 21, 1890.

I HAVE the honour to report that 1 left Halifax on the 13th instant, and arrived
at this port on the 16th instant. Thick fog was experienced throughout the passage.

2. Her Majesty's ship " Pelican," with the torpedo-boat, left Halifax on the 12th
instant, and is now at St. George's Bay, with torpedo-boat, and will proceed to Port
Saunders as soon as the state of the ice permits.

3. Her Majesty's ship " Forward " left Halifax on the 12th instant, and arrived
here yesterday, having visited St. Pierre and Fortune Bay en route. She will remain
here until the ice has cleared away sufhciently to enable her to proceed to her station on
the east coast, probably about the middle of June.

4. May 22. — I have this day received a telegram from Commodore Mar^chal
announcing his arrival at St. Pierre, and informing me that he will meet me at Port
Saunders about the end of this month. I shall therefore leave here on Monday morning,
the 26th instant, and shall proceed to the west coast for this purpose.

5. I have telegraphed to the " Pelican " to visit the different ports forthwith, to
obtain full information as to the position, &c., of the new lobster factories, and then to
meet me at Port Saunders, leaving the torpedo-boat to proceed up the coast by herself.

(Signed) ' B. W. "WALKER.

f84l

1 I'

Inclosurc 2 in No. 2.

Sailinij Ordem,

"Emerald," at Halifax, May 11, 1890.
HEU Majesty's ship under your command being in all respects prepared and ready
ior sea, you will proceed at daylight on Monday morning with torpedo-boat No. 02 in
company. You will convoy her to Port Saunders, and there you will land her spare
gear, &c., and cstahliKh a dcp6t of coals and provisions sutlicient to last her until tho
beginning of June.

2. At Brig Bay a small quantity of coals and provisions for tho torpedo-boat is to
be landed at the English factory.

3. Plaving made tho necessary arrangements for the boat, and selected a' suitable
site for the coal dep6t at Port Saunders, you will carefully inspect the whole of the west
coast, osccrtaining the positions of the lobster factories established since July 1889, and
all particulars relative to them. Should any of these be working, one of the inclosed
Notices is to be given to the manager, and he is to be warned that he must desist from
any further exercise of his industry unless he receives the necessary permission from the
Senior Naval British Officer.

4. As the Return for 18t9 is not complete, all particulars necessary to complete it
arc to be obtained and given to mc on meeting.

5. As disputes are likely to arise between the French and British fishermen with
reference to the ground to be occupied by their lobster-trawls, if necessary a temporary
allotment is to be made until a final settlement is arranged between the French
Commodore and myself.

G. In making these temporary allotments, the grounds occupied at the commence-
ment of last season by the respectivcfishermen arc to be adhered to as much as possible,
but in every casa the French and British managers must be made to understand that
your decision is only a temporary one until the Senior Officers shall have had time to
decide.

7. No interference with the French fishing rights conferred by Treaty is to be
allowed, and British lobster-traps, even on grounds already allotted to them, must be
raised during the time the French are desirous of actually occupying the waters, but the
traps so raised may be replaced as soon as the waters are vacated.

8. Cod-traps are illegal, and their owners are to be informed that they must lift
them.

9. By Article 15 of the Instructions, the interference with British property by
foreign navol officers is illegal, and, should any case arise, you are to send a written
remonstrance to the officer so acting, and report to me the details immediately.

10. Before leaving any port your destination and probable movements should be
made known on shore, word being left at the different factories to prevent any plea for
such action.

11. The French have no right to fish in or bar any rivers. If any case arises you
will, on meeting a French man-of-war, request the Captain to have these practices
stopped, and forward a report to me at once.

12. In dealing with all questions arising between British and French fishermen you
are to act with great patience and discretion, especially those affecting the lobster
industry, and the allotment of fishing grounds under the modus vivendi arranged between
Her Majesty and the French Government, and you will endeavour as far as possible to
allay the feeling which at present exists.

13. Your next mail will be sent by coastal steamer to Bonne Bay, and is due there
about the 30th instant.

To Commander Daniel W. N. Riddel,
Her Majesty's ship •' Pelican."

(Signed)

W. WALKER,
Captain and Senior Officer.

luclosure 3 in No. 2.

Notice,

I HEREBY give notice that by the arrangement come to between Her Britannic
Majesty's Government and the French Government no lobster factory not in operation

edo'boat is to

on tho Ist July, 1880, shall be permitted, unless by tlic joint consent of the Dritish and
French Senior Naval Officers.

Under these circumstances, I must request you to immediately cease all operations
imlcss you shall hereafter receive the necessary permission.

This Notice applies only to the present season.

(Sifjned) n. W. WALICKH,

"Emerald,'! at Halifax, May 10, 1800. . Ciijitain and Senior OJJicp,:

Inclosurc 1 in No, 2.
Sailing Orders.

" Emerald," at Halifax, May II, 1890.

HER Majesty's ship under your command being in all respects prepared and ready
for sea, you are to proceed to St. John's on Monday, the ll'th Mny, at noon, calling at
St. Pierre and visiting Fortune Bay on your way.

At St. Pierre you will deliver the inclosed letter for tlic French Commodore to the
French Senior Naval Ofticer, ascertaining, if possible, the Commodore's movements, and
informing me of them by telegraph from Fortune Bay.

Your visit to Fortune Buy is to be entirely conlinud to observing the state of afl'airs
with reference to the modus vivendi passed by the Ncwfoundlimd Government during the
suspension of the Bait Bill, and you ivill take no part in ihc enforcement of these acts
during your visit. A Report on this subject is to be forwarded to me on your arrival at
St. John's.

The above service is to be performed with dispatch, and your stay at St. Pierre
and at Fortune Bay is to be as short as is compatible with the duties you have to perform
at those places.

(Signed) B. W. WALKER,

Lieutenant-Commander Gray, Captain and Senior Officer.

Her Majesty's ship " Forward."

s due there

Inclosure 5 in No. 2.

Lieutenant'Commander Gray to Captain, Sir B. Walker.

■ Sir, ' "Forward," at St. John's, May 20, 1890.

I HAVE the honour to report my arrival at St. John's this day, in obedience to
your orders dated the 11th May, 1800.

2. On the morning of the 15th instant I was compelled to anchor in South- West Bay,
JVJiquelon, owing to the dense fog which had prevailed for the previous forty-eight hours,
and which continued until the afternoon of the 17th, when I proceeded into St. Pierre
Roads.

3. There were no French menrofwar there, but the Irovernor informed me that he
was daily expecting the Senior Officer in " La P(?rouse " to arrive from France, as he was
to have le'ft on the 1st May ; also that tlie " Indre '' had gone to St. George's Bay, and
the " Bisson " was expected to arrive soon from West Indies.

4. I left St. Pierre at daylight on the 18th, anchored otf Fortune for a couple of
hours in the forenoon, and then proceeded to Bellcram, where I remained for the night.

5. I called at Harbour Briton the following morning, and left for St. .John's at
1030 A.M., since when I have experienced very line weather, with fog, since rounding
Cape Race.

" G. Inclosed Report* is the result of my obsiJrvations and inquiries at those ports I
touched at in Fortune Bay on the working of the present Newfoundland Laws as to bait.

I have, &c.
<Signed) S. W. A. H. GRAY.

[84]

* See Inclosure 2 in Mo. 9.

Ho. 3.

Colonial Office to Foreign Office. — {Received June 17.)

(Extract.) Downing Street, June Ifl, 1800.

1 AM directed hy Lord Knutsford to transmit to you, to l)c laid before tho
Afarqiiis of Salisbury, a copy of a despntob from the Governor, forwarding a l^ctition
addressed to tbe Queen and bearin^r suinc 12,000 Hignntures, upon tlic subject of tlie
Frencli rights of fislicry on the coasts of Newfoundland, and protesting against the
moduM Vivendi recently agreed to witli the French Government for this season in respect
of tho lobster fisheries.

Inclosure 1 in No. 3.

Governor Sir T, O'Brien to Lord Knutsford.

Oovernment House, St. John's, Newfoundland,
My Lord, May 27, 1890.

I HAVE the honour to forward, for submission to Her Majesty, a Petition, attached
to which are some 12,000 signatures, obtained from various parts of the island, which
has been presented to me this day by a deputation.

2, Having now received your Lordship's permission to publish the correspondence,
which is now in the i)rinter's hands, I took occasion to inform the deputation that they
would in a few days find that it is impossible to luivc the case of Newfoundland more
strongly supported than it is by Her Majesty's Government, but that, as they, as business
men, must be aware, there are always two parties to a contract, whose consent to its
cancelment or alteration must be obtained, they must not expect impossibilities, for
however strong the views of Newfoundland or of England might be on the subject,
it did not at all follow that France could be got to see them in the same light.

8. I have olready kept you, my Lord, from time to time so fully informed of the
excitement that has been created in this matter that I shall not repeat myself, but
would only add that, through the agitation that has been got up, the feeling against the
French and the Treaty restrictions is greater now than perhaps it has ever been in the
annals of Newfoundland.

4. I am informed that, as all the lists have not yet been received, some 3,000 or
4,000 more signatures are likely to be sent in later on.

I have, &c.
(Signed) T. O'BRIEN.

Inclosure 2 in No. 3.

Petition.

To the Queen's Most Excellent Majesty.

Most Gracious Sovereign,

THE Petition of the undersigned inhabitants of the Colony of Newfoundland
humbly shcweth :

That your petitioners have heard, with indignation and alarm, of the arrangement,
called a modus vivendi, recently concluded between the Governments of Great Britain
and France in relation to the prosecution of the business of catching and preserving
lobsters on those parts of the coasts of this Colony upon which the French have certain
Treaty rights of fishery.

That the negotiations leading to the adoption of the said arrangement were
commenced and carried on, and the arrangement itself concluded, without the consent,
and even without the knowledge, of the community or Legislature of this Colony.

That your petitioners hold that it is a fundamental prmciple of responsible govern*
ment that the people shall be directly, or through their Representatives in Parliament

anHcmhlcd, conHiiltcd conccrninff all matters appertaining to their government, and more
especially to titoir territorial niiU maritime riglUs,

Tliot till' application of this Constitutional principle to this Colony has been especially
guaranteed by your Majesty's (iovemment in a despatch bearing dato the 20tli day of
March, a.d. 1867, wherein it is stated that "the rights enjoyed hy the community of
Newfoundland are not to he ceded or exchanged without I heir consent, and that the
Constitutional mode of submitting meaHUies for that consent is hy laying them before
fhe ('olonial Fiegislatnre," and "that the consent of the community of Newfoundland is
regarded by Her Majesty's Government as the essential preliminary to any modification
of their territorial or maritime rights."

That yoiu- petitioners humbly submit that the making of the said arrangement
without the knowledge and consent of tlie eoniinunity or Legislature was a violation of
our Constitutional rights, ond of the particular engagement which your Mojesty's
Government voluntarily made ; and against this violation we desire to otter our most
earnest protest.

That your petitioners further humbly contend that the claims put forward by the
French (1) to catch and preserve lobsters, (2) to erect lobster factories, and (.1) to
exclude our people from the prosecution of that industry on the ports of our coasts in
question, arc utterly without foundation.

That the exercise of such claims involves, in its consenuences, not only directly the
deprivation of our people of a valuable maritime industry, out also indirectly the settle-
ment of a new French population with a permanent footing upon our soil, the locking up
of the territorial resources of tlie Colony, llio extinction ot vahmble industries and
sources of wealth, and the virtual transfer of soveieignty of soil to a foreign Power.

That for tliese reasons your petitioners would respectfully but emphatically protest
against the said arrangement, and would submit that the claims now set up by the
French in relation to the lobster industry should be met by an absolute and unqualified
denial.

That to provide the people of this Colony with a means of livelihood, and to stay
the tide of emigration from our shores, it is necessary to procure the speedy development
of the natural resources of the interior.

That railways which have been projected in order to pronwte the development of
these resources, and necessary thereto, will entail groat burdens upon the people of the
Colony.

That that portion of the island upon the coasts of which the French have certain
Treaty rights of fishery is rich in agriculture, mining, and lumbering capabilities.

That the fishery rights and the claims of the French are enforced in such a manner
as to prevent the development of those great resources by the inhabitants of the Colony,
grants of land and minerals being made "subject to French Treaty rights," whereby
capitalists are deterred from investing.

That the presence of French fishermen upon our coasts, and their denial of our
concurrent right to fish for cod, and of our exclusive right to take lobsters, give cause
for constant quarrels in the fishing season, and much oppress our fishermen.

That for these reasons it is absolutely indispensable to the prosperity of this Colony
and its inhabitants that the rights and claims of the French upon our coasts should bo
entirely removed.

That the Treaties under wliich the French have rights and get up claims were
undeniably framed more than a century ago, solely with a regard for the exigencies of
the British nation, and without contemplating the condition of affairs which time has
brought about in this Colony ; and therefore your petitioners respectfully contend that it
is the duty of the British nation to relieve us of the burden placed upon the Colony so
many years ago, and under which we have so long suffered.

That your petitioners submit that no arrangement should be entered into between
the British Government and that of France which does not hnve as a basis that French
claims to territorial or maritime rights in this Colony are to bo totally extinguished.

Your petitioners therefore humbly pray that your Majesty will take their case into
your earnest and favourable consideration, and adopt such measures as in your wisdom
may he deemed most effective for the preservation of the riglits and interests and the
promotion of the welfare of this Colony in so far as they are affected by the matters
herein referred to.

And your petitioners, as in duty bound, will ever pray.

. (Signatures follow.)

\ -

'{I

No. 4.

Colonial Office to Foreign Office. — {Received June 17.)

Sir, ' Downing Street, June 16, 1890.

WITlt reference to my letter of the 9th ultimo,' relating to the proposed repeal
by the Newfoundland Legislature of the Act of 1888 for the abolition of cod-traps, I am
directed by Lord Knutsford to transmit to you, for the information of the Marquis of
Salisbury, a copy of a letter whicli was addressed to the Admiralty from this Department
on the 3rd instant, together with copies of two letters which have been received in reply,
showing the instructions which have been given to the naval officers on this subject.

I am, &c.
(Signed) JOHN BRAMSTON.

-. Inclosure 1 in No. 4.

Colonial Office to Admiralty,

Sir, . Downing Utreet, June 3, 1890.

WITH reference to the 3rd paragraph of the letter from this Department of the
ISth March, 1889, 1 am directed by Lord Knutsford to acquaint you, for the information
of the Lords Commissioners of the Admiralty, that a Bill has just been passed by the
Legislature of Newfoundland repealing the Act, cap. 8, of 1888, for the abolition of
cof^-traps, but that the Governor has been instructed not to assent to it, and has
accordingly refused his assent.

The Act of 1888, therefore, remains in force, and the use of cod-traps will under it
be illegal from the 9th ultimo.

Lord Knutsford suggests that the British naval officefs should be instructed that the
use of cod-traps- upon the shore where the French have fishing rights is illegal under the
Act of 1 888, and that such traps should be removed whenever they can be considered as
likely to give legitimate ground of complaint by direct or indirect interference with their
lishery.

I ani, &c.
(Signed) JOHN BRAMSTON.

. . • Inclosure 2 in No. 4.

Admvfalty to Colonial Office.

Sir, . • Admiralty, June 7, 1890.

WITH reference to your letter of the 3rd instant, I am commanded by my Lords
Commissioners of the Admiralty to request that you will state to Lord Knutsford that a
telegram has been sent to the Commander-in-chief on the North America and West
Indies Stationj informing him that he is to consider tlie Act of 1868 abolishing cod-traps
to be still in force, and that the Governor of Newfoundland had been instructed to refuse
assent to a Bill repealing the Act.

(Signed)

I am, &c.

EVAN MACCUEGOR.

Inclosure 3 in No. 4.
Admiralty to Colonial Office,

Sir, Admiralty, June 10, 1890.

WITH reference to my letter of the 7th instant in reply to the Colonial Office letter
of the 3rd June respecting cod-traps, I am commanded by my Lords Commissioners of
the Admiralty to request that you will state to Lord iCnutsford that a further telegram
has been sent to the -Commander-in-chief on the North American and West Indian
Station, directing him to inform the Commanding Officer of Her Majesty's ship " Emerald"
that cod'traps should be removed whenever they can be considered as likely to give

legitimate cause of complaint by direct or indirect interference with French fisheries in
Newfoundland.

I am, &c. •
(Signed) EVAN MACGREGOR.

. No. f
Lord Knulsford to Governor Sir T. O'Brien.

> it, and has
} will under it

Sir,

Downing Street, June ?4!, 1890.

I HAVE the honour to acknowledge the receipt of your despatch of the 27th
ultimo, inclosing a Petitron to the Queen, signed by some 12,000 inhabitants of
Newfoundland, protesting against the modus vivendi recently agreed upon, for this season
only, between the British and Frencli Governments in respect of the establishment
of lobster factories on that part of the coast oT Newfoundland on which the French have
certain fishery rights.

The Petition commences by an expression of the indignation and alerm with which
the petitioners have heard of this modus vivendi. It states that the negotiations leading to
the adoption of the said arrangement were commenced and carried on, and the arrange-
ment itself concluded, without the consent, and even without the knowledge, of the
community and Legislature of the Colony, and expresses the views of the petitioners to
the effect that it is a fundamental principle of responsible government that the people
should be consulted, directly or tlirough tfieir Representatives in Parliament assembled,
concerning all matters appertaining to their government, and more especially to their
territorial and maritime rights. '

The petitioners do not here notice the fact that the modus vivendi referred to is of a
strictly temporary character, its operation being expressly limited to the current fishing
season only, neither is any notice taken of the fact that the Colonial Government was
consulted as to the terms, which were to some exteni, modified in order to meet their
views. It was, however, necessary to conclude this merely temporary arrangement
without referring it to the Colonial Government in its final shape.

This act on the part of Her Majesty's Government does not appear to them to have
involved any departure from the principles laid down in the despatcii from the Secretary
of State (the late Lord Taunton, then Mr. Labouchere) of the 2Gth March, 1867,
referred to by the petitioners, of which the following is the actual wording, viz., that
" the rights enjoyed by the community in Newfoundland are not to be ceded or
exchanged without their consent, and that the Constitutional mode of submitting

measures for that consent is by laying them before the Colonial Legislature ;

and that the consent of the community of Newfoundland is regarded by Her Majesty's
Government as the essential preliminary to any modification of their territorial and
maritime rights."

The modus vivendi does not cede or exchange any' right enjoyed by the inhabitants
of Newfoundland, neither does it involve any modification of their territorial or maritime
rights.

Any lifljht which British subjects have to erect lobster factories on the shores
aftected by the Treaties and Declarations concerning the fisheries, although its exercise
may be temporarily suspended, is not surrendered or prejudiced by the modus vivendi, the
first sentence of which contains a statement to the effect that the questions of principle
and of respective rights are entirely reserved on both sides.

From the correspondence which has passed with the Government of France, which,
it is believed has now been published in the Colony, it will be seen that Her Majesty's
Government have constantly denied the right of the French to catch and preserve
lobsters or to erect lobster factories, and have always maintained the right o":" British
subjects to fish in the waters of Newfoundland ; and the correspondence shows the
remonstrances which have been addressed to the French Government en the subject of
interference with such right.

But it is right that the petitioners should understand that the question of the proper
interpretation of the Treaties in regard to this question is open to argument, and that it
is difficult for Her Majesty's Government to insist on the suppression of those French
factories which may be considered as manifestly in excess of the privileges granted by
Treaty whilst British factories are maintained which the French Government contend to
be contrary to the engagements contracted by England.

, Jler Majesty's Government, however, trqst that, after the arrival in this country of

lii;,

t ^

the Premier of the Colonial Government, who Her Majesty's Government hope will
shortly arrive in England, negotiations may be initiated which may end in a satisfactory
understanding between, the two Governments, and meet with the concurrence of the
people of Newfoundland. Her Majesty's Government would wish for nothing better than
that those negotiations should lead to the termination of a state of affairs which
undoubtedly presents obstacles to the advance and prosperity of the Colony.

You will assure the petitioners that Her Majesty's Government are quite alive to
the disadvantages under which the people of Newfoundland labour owing to the existence
of the ancient Treaties and engagements relating to the fisheries, and that they will do
their best to give effect to the reasonable wishes of the colonists; but it must be
remembered that Her Majesty's Government cannot force upon a friendly Power the
renunciation of Treaty rights, nor compel the acceptance of an intorpretation of tliose
rights which Her Majesty's Government uphold, but which is at direct variance with the
interpretation upheld by the other Power.

Her Majesty's Government feel confident that in these circumstances, and after full
opportunity lias been afforded of studying- the correspondence which will shortly be laid
before the Imperial Parliament, the people of ?TewfoundIand will admit the difficulties
which have surrounded the Fishery question, and will recognize that the conclusion, for this
season only, of a modus vivendi, such as has been agreed upon, was the best course which
was open to Her Majesty's Government both to avert possible collisions on the coasts of
the Colony, and to give time for arriving, with the Government of France, at a solution
of the question which may be more in the character of a permanent and, it is hoped,
satisfactory settlement.

You will be so good as to apprise the petitioners of this answer to their Petition,
and you will inform them, at the same time, that their Petition has been laid before the
Queen, who was pleased to receive it very graciously.

I have, &c.
(Signed) KNUTSFORD.

No. 6.

Colonial Office to Foreign Office, — (Received June 27.)

Sir, Downing Street, June 26, 1890.

WITH reference to the reports which appeared iu the press as to the alleged
landing of a French armed force at St. George's Bay in Newfoundland, I am directed
by Lord Knutsford to transmit to, you, for the information of the Marquis of Salisbury,
copies of two despatches on the subject of these reports Avhich have been received
from the Governor of the Colony.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosure 1 in No. 6.
Governor Sir T. O'Brien to Lord Knutsford.

Government House, St. John's, Nexofoundland,
(Extract.) June 9, 1890.

WITH reference to the reported occurrences on the western coast of this island,
I have now the honour to forward, for your Lordship's information, copy of a letter
from Captain Sir Baldwin Walker, commanding Her Majesty's ship " Emerald."

Inclosure 2 in No. 6.

Captain Sir B. Walker to Governor Sir T. O'Brien.

Sir, _ " Emerald," at St. George's Bay, June 1, 1890.

I HAVE the honour to bring to your Excellency's notice the following : —
_ On the afternoon of my arrival at St. George's Bay a deputation came on board
to interview me, and left a copy of Resolutions passed at a public meeting on the
24th Mav.

The wording of tho Ith Resolution, tlie prohibition to set their herring-nets,
" thus ruining our voyage and depriving us of our principal means of subsistence,"
would lead any one not acquainted with the facts to the conclusion that the prohi-
bition was general, and also that the herring were being taken in quantities, whereas
neither were the case.

The nets which were requested to be lifted on the evening of the 22nd were few
in number (about twenty-eight), they were up only twenty-four hours, and at the
time of lifting hardly any herring had been takeu in them — about five barrels in
forty nets.

The 300 yards under prohibition were necessary for the Prench seining operations,
and this was really in the end beneficial to the inhabitants, as it enabled the French
bankers, twelve in number, to get their bait and leave the whole bay free when the
herring did really strike in.

This occuri-ed about the 26th May, when the herring first meshed, though a few
hauls had been made on the 23rd and 24tli, principally with seines, but the herring
were not plentiful till the 29th, when tho fisliery was in full operation. The catch, so
far, has been extremely good, and should the present promise continue the take will
be above the average. From the above it will be seen that the statements with
reference to ruining their voyage and the deprivation of their principal means of
subsistence was, even at that time, premature, to say the least of it, and, as events
have since proved, was false.

As to Resolution No. 5, as I informed the deputation, the action they were taking
was that of a highwayman. They required the British Government to force Prance to
give up just rights under Treaty (ones which they acknowledged she had not in this
case abused), and also to give them compensation, the penalty in case of non-
compliance being tho repudiation of all law. These Resolutions were, I may add,
seconded by a Justice of the Peace.

The Secretary to the meeting and, as I understand, the framcr of the Resolutions
was Dr. Howley, who had arrived from Channel the evening before, and was really
quite unacquainted with the facts, except by hearsay from a people then under great
excitement, for the following reasons : —

The herring this season were so very late (as far as I can ascertain later than even
1883, one of the latest years) in striking in, that the inhabitants Avere of the opinion
that they had deserted the bay, owing to their having been so much disturbed since
the Bait Act ; hence they were under the impression that their chance of a catch was
lost with the ordering up of the nets. Had the influerce of Dr. Howley been used to
postpone the meeting until the excitement had calmed down, it would have given time
to prove how groundless the fears of the inhabitants were that the herring had
deserted the bay, and consequently these statements would not, in all probability,
have been made. Though false, I am of opinion that at the time they really believed
what they said.

I have, &c.
(Signed) B. W. WALKER.

Inclosure 3 in No. 6.

Resolutions passed at a Public Meeting held at Sandy Point, Bay St. George, West
Newfoundland, on the 24th May, 1890.

WHEREAS we, the inhabitants of the west coast of Newfoundland, ai*e loyal
and law-abiding British subjects, dwelling peacefully upon a territory which has been
declared by Treaty to be a British Colony ; and

Whereas the Newfoundland Gc 7ernment, with the consent of Great Britain, has
recognized our settlement upon this coast by the regular establishment of ]iolico and
Customs officers, by the appointment of Magistrates, and the exercise of jurisdiction l)y
the Supreme Court of Newfoundland, and by the concession to us of tlic electoral
franchise, thus acknowledging us as lawful citizens legally established hero, and not as
outlaws intruding at our own peril and contrary to Treaty rights; and

Whereas Ave, trusting in the bond fide declarations of the NcAvfoinidland Clovorn-
ment in this matter, have invested large capital in commerce and other business enter-
prises on this shore, and have peaceably submitted to the restrictions of all legal
enactments, have paid all fines, duties, taxes, or exactions whatsoever, the sani(j
as are levied on the inhabitants of the other parts of tho Island of NcAvfound-
land ; and

[84]

'ij

Whereas wo arc now prohibited hy the French man-of-war from settinfj our
herring-nets, thus ruining our voyage and depriving us of our principal means of
subsistence, and as we cannot receivi) any redress, protection, or compensation, either
from the 13ritish ships of war cruizing on the coast, or from the Officer placed on this
shore by tlie Newfoimdiand Government ; bo it therefore

Resolved that wo do from this moment forward absolutely refuse to pay any duties
to the Customs olTicers established by the NcAvfoundland Government on this shore,
or to allow their officials to interfere with us in landing goods, until such time as we
receive due protection in the exercise of oiu* industries and compensation for the losses
we have suffered ; and

Resolved, that we communicate the steps taken by us to-day to all settlements on
the so-called French. Sliore, and call upon the people to unite with us in making a
determined stand until this vexed question is satisfactorily settled and just rights fully
recognized and secured to us ; and

Resolved, that these Resolutions bo published in the St. John's and Halifax news-
papers, and u copy of the same be sent to Governor, St. John's, and to the Secretary of
State for the Colonies.

(Signed) NATHANIEL BUTT, Chairman.

M. F. HOWLEY, Secretary.

Inclosure 4 in No, G.

The Magistrate, St. George^s Bay, to the Attorney-General, St. John's.

(Telegraphic.) .Tune 2, 1S90.

NO French armed force landed ; an officer, with one man, came to strand in a
dory, giving notice to inhabitants to remove nets from cove ; officer had on sword ; got
on wharf to read Notice.

Inclosure 5 in No. 6.
Governor Sir T. O'Brien to Lord Knutsford.

Government House, St. John's, Neiufoundland,
(Extract.) June 10, 1890.

IN continuation of my despatch of yesterday's date, I have the honour to
inclose copy of a letter to the Attorney-General from Mr. Dwyer, Stipendiary
Magistrate at St. George's Bay, Avho appears to have acted very well under the
circumstances.

Inclosure 6 in No. 6.
TJie Magistrate, St. George's Bay, to the Attorney-General, St, John's,

Sir,

Sandy Point, St. George's Bay, May 29, 1890.

ON the 21st instant herring struck in shoal water, though not in great quantity,
just enough to warn our fishermen of the near approach of the main schulo, conse-
quently sonic nets were put out iu places most likely for taking of hen-ing ; there were
at the time a few French fishing vessels looking for herring and were using seines ;
they grumbled, and did not like our people placing nets where seines could be
worked.

On the 22nd a steam-launch from " Indre " came near the shore and an officer
with one man landed on the strand in a dory, there being a number of inhabitants on
a wharf near by ; the officer got up on wharf and read a Notice from Commander
" Indre," ordering all nets set in certam places (to which he pointed) to be taken up by
8 A.M. 23rd, or ^he French would remove them ; the people obeyed order and set them
elsewhere ; the officer was in full uniform with side-arms, i.e., sword on ; Her Majesty's
ship " Pelican " was not here ; excitement ran high for a while ; there being so few
French here the people considered it unreasonably harsh on the part of the French
(lommander.

On the 24th a public meeting was held when Resolutions were passed ignoring

all authority, pay no taxes, not act as tidewaiters, and suffci' imprisonment before
serving as specials ! in fact a revolutionary movement, and an embryo Ecpublic
established. I did not fcol alarmed, and told them that if they attempted to carry
their " Resolution " into effect, that we would first carry out the law, and then the
Government may lik(;ly consider their claims for compensation, and that their
Resolutions meant " rebellion or a farce." I did not consider the matter worthy of
more extended remarks than I sent you by telej^ram ; this question of duties is a
chronic one, comes in nearly with the herring scliule since; the ]3ait Act. At all
events since the main schule of herring struck in, the people have no one to interfere
with them this year.

Some American schooners were bore and purchased bait. The collector it api^ears,
through advice of Sir 13. Walker, let them off without paying for a licence ; the
Canadians paid.

I tliink the herring voyage will tiun out fairly well, though it is late. I have
not a copy of llcsolutions to send. I understand Sir B, Walkir is furnished
with one.

I have, &c.

(Signed)

M. S. DWYER, J. P.

No. 7.

Colonial Office to Foreign Office. — (Received June 28.)

Sir, ^ Downing Street, June 27, 1890.

WITn reference to the answer given yesterday in the House of Commons to
Mr. Redmond's question respecting reported disturbances at 1 .t-a-Port, in New-*
foundland, I am directed by Lord Knutsford to transmit to you, for the information of
the Marquis of Salisbury, a copy of a further telegram received from the Governor of
Newfoundland on the subject.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosurc in No. 7.
Governor Sir T. O'Brien to Lord Knidi^ford.

(Telegraphic.) {Received June 27, 1890.)

MAGISTRATE, St. George's, reports by telegram as follows :—
" On report of disturbances at Port-a-Port ' Emerald ' proceeded to investigate I

found that there was no truth in it ; reported burning unoccupied factory also untrue ;

cold night, French made fire there, doing no damage."

No. 8.

The Earl of Lytton to the Marquis of Salisbury. — {Received July 7.)

My Lord, Paris, July 5, 1890.

I HAVE the honour to report that the Bill for prolonging the grant of iishery
bounties to the 30th June, 1901, was passed to-day by the Chamber of Deputies.

I have, &c.
(Signed) LYTTON.

No. 9.
Admiralty to Foreign Office. — {Received July 10.)

(Extract.) Admiralty, July 8, 1890.

"VVITII reference to my letter of the 10th ultimo on the subject of the Newfound*
land Eisheries, I am commanded by ray Lords Commissioners of the Admiralty to
transmit herewith, for the information of the Secretary of State, a copy of the Report
on the working of Newfoundland Bait Laws alluded to in paragraph of Lieutenant
Gray's letter, inclosed in my communication of the 10th Juno.

[84]

C 2

Inclosure 1 in No. 9.

Captain Sir B, Walker to Admiralty.

(Extract.) " Emerald," at Bonne Buy, June 16, 1890.

I HAVE the honour to forward herewith the Report by Lieutenant-Commander
Gray, Her Majesty's ship " Forward," on the working of the NeAvfoundland Bait
Laws.

III

Inclosure 2 in No. 9.
Lieutenant Gray to Captain Sir B. Walker.

'* Forward," at St John's, May 20, 1890.
the honour to report the result of my

Sir,

IN obedience to your orders, I have
observations in Fortune Bay on the state of affairs with reference to the present Bait
Laws of Newfoundland.

2. The places visited were Fortune on the south side, Belloram and Harbour
Briton on the north.

3. I was told the herring are as plentiful and fine as in previous years (usually
frequenting the north side of the bay more than the south), but only about a dozen
French craft had baited at each place, whereas in former years they had done so
in great numbers. American and French {i.e., not Newfoundland) vessels had not
sensibly diminished, but it was generally believed few would return this year to bait a
second and thii*d time, owing to the necessity for a new licence each trip. General
complaint was made that the present law favoured these latter more so than last year,
and acted adversely to the smaller native craft, because the large vessels can take
more than is necessary for their OAvn use and dispose of the surplus at St. Pierre,
whereas the smaller bankers, many of the old craft for export of bait, cannot make it
pay, because they, being a small number of tons, are not allowed to carry sufficient
bait to make a long enough stay on the Banks.

For instance, 50 barrels of bait are ample for the largest fishing-vessel. The
law allows 1 barrel per ton. A vessel ot 100 tons, having paid for her licence, takes
100 barrels (generally manages more), the price she gets in St. Pierre in the spring
season for all she does not i-equire herself more than covering the cost of the licence.
The seizure of an Amei"ican schooner lately was on account of this, she being of
90 tons and having on board about 210 barrels.

The Act seems to be rigorously enforced, but even then a great deal of smuggling
takes place.

4. At Belloram complaints were made that no Proclamation had been posted up
(I did not see any there or at Fortune, although I walked about those villages),
so that many of the fishermen did not know what was the law, several being
frightened into giving up fishing by their neighbours being arrested for what, at the
time, they believed to be legal.

It was also stated that great difficulty was experienced in getting a licence
granted.

5. It seems certain that the French have got all the bait they want without
visiting Fortune Bay in any great numbers, like they used to do, and thus the
majority of the fishermen are deprived of their former means of support, though some
have found employment in the lobster fishing, several new factories having been
erected lately.

6. All seem to agree that since the passing of the Bait Acts the prosperity of
place has departed, many of the younger people are leaving for other countries, and
altogether a feeling of discontent seems to prevail that might lead to serious distur-
bances at any time.

7. In conclusion, I may add that at St. Pierre there were about a dozen brigan-
tines and some fifty or sixty schooners ; few hoisted colours, but those that did were
French.

I have, &c.
(Signed) S. W. A. H. GEAY.

No. 10.

Admiralty to Foreign Office. — {Received July 10.)

Sir, Admiralty, July 8, 1890.

I AM commanded by my Lords Commissioners of the Admiralty to transmit
herewith, for the information of the Secretary of State, copy of a letter from the
Captain of Her Majesty's ship " Kmerald," dated the 6th ultimo, on the subject of the
Newfoimdland fisheries.

I am, &c.
(Signed) EVAN MACGREGOR.

,nd Harbour

)lio being of

a a licence

Tnclosure 1 in No. 10.
Captain Sir B. Walker to Vice-Admtral Watson.

Sir, " Emerald," at Port Saunders, June 6, 1890.

THE accompanying telegram having been communicated to me by his Excellency
the Governor of Newfoundland from the Secretary of State for the Colonies, asking for a
report on the subject by telegraph, I have the honour to forward particulars of the
circumstances alluded to.

2. On my arrival at St. George's Bay on the morning of the 28th ultimo I received
a communication from the Rev. M. F. Howley, requesting me to receive a deputation
from the inhabitants on matters of vital importance to them.

3. I acceded to the request, and by appointment, at 3*30 P.M., the deputation was
received by me on board the " Emerald."

A copy of Resolutions passed at a public meeting convened on the 24th May* was
given me, and they proceeded to state their case. In addition to the grievances there set
forth, they informed me that Sir James Fergusson, in reply to a question in the House of
Commons relative to Newfoundland, had answered, with a sneer, that the question had
been going on for 200 years without any disturbance, and that as long as matters
continued to go on peacefully nothing would be done.

Also that they had received no information as to the modus vivendi until the notices
were served on them by Her Majesty's ship " Pelican," and that they had spent large
sums of money in building and fitting the factories, with the intention of working them
this year.

<t. On my pointing out to them that the Resolutions were of a revolutionary
character, and asking them why they did not lay their grievances before their Government
in a Constitutional manner, their answer was to the effect that they had sent in Petitions,
&c., time after time, and no notice had been taken, and that, having only two Members for
the whole of the Treaty shore in the House of Assembly, they were powerless to enforce
their claims being considered ; they also mentioned that they wished to strengthen the
hands of the delegates now in England, and that they considered some action of the sort
necessary after Sir James Fcrgusson's answer in the House of Commons. They also
asked me if I would use force to compel the payment of duties.

5. With reference to the question of the French landing armed marines and removing
nets of the inhabitants, I would remark that no such occurrence took place. On the
evening of the 22nd ultimo the Captain of the " Indre " sent an officer to request the
removal of nets from a certain portion of the shore where the French were desirous of
seining ; these were removed by their owners. The deputation had no other complaint to
make as far as French actions were concerned, and admitted that even in this they were
well within their Treaty rights.

6. The wording of the fourth Resolution is such that any one unacquainted with the
subject would suppose that the prohibition was general, and that the herring were being
taken in quantity, whereas the facts are as follows : —

The prohibition only extended to about 300 yards of the shore ; between forty and
forty.five nets were out at this particular spot ; of these, it was necessary to lift about
twenty-eight. The nets were up some twenty-four hours, and were set again before the
meeting was held. The herring had not really struck in at the time, and very few had
been taken at all (about five barrels for the forty or forty-five nets), but the people at the
time, owing to the very late date defore the herring made their appearance, were under the
impression that they had deserted the bay in consequence of their having been so much

* See Inclosure 3 in No. 6.

ijtliiii

disturbed by the seines since the passing of the Bait Act, hence they thought that a portion
of tiie catch might be lost with the ordering up of tlicsc nets.

The i)rohibition was really, in the end, beneficial to the inhabitants, as it allowed the
French Bankers, of which there were only twelve, to obtain their bait and leave the bay
before the fishery really commenced. The inhabitants by arrangement among themselves
do not use seines, and the herring at this time were not being taken in nets except in very
small numbers.

7. Tiic herring first made their appearance about the 21 st, but they did not strike in
to mesii before the 2()tli, tliougli a few hauls were made on the 23rd and 24th (the
herring fishery was over last year at this date, all the nets being up), it was not till the
29t!i that they were plentiful.

Up to the lime of my leaving St. George's Bay, on the evening of the 1st June, the
catch hiid been most abundant, and should the promise continue there is every likelihood
of the Ccitch being one of the largest during the past seven years.

The herring had only commenced to spawn, and will continue in the bay for a
fortnight longer ; it will thus be seen that their assertion that their voyage was ruined, and
that they were deprived of their principal means of subsistence, was premature, to say the
least of it, and, as events have since proved, was fuUc.

In conversation I have had with Commodore Mnrechal on the subject he informed me
that when the Captain of the " Indre " heard of the meeting he had spoken to the
Rev. M. F. Ilowley on the subject, expressing his surprise that the request for the removal
of so few nets should have such disastrous ctlects on their catch. He was then informed
that in all probability it would not be so bad, but they must take the opportunity it
afforded of bringing the matter before the public.

1 may add that the Secretary of the meeting, and, as 1 understand, the framer of the
Resolutions, was the Rev. M. F. Howley, who had only arrived from Channel the evening
before, and was therefore unacquainted with the facts of the case, except by hearsay from
a people then under great excitement. Had his influence been used to calm this ebullition
and postpone the meeting, it would have given time to prove how groundless were the
fears of the inhabitants, and in all probability these statements would not have been
made.

8. This year there are, as far as I can ascertain, no less than twenty-three new lobster
factories on the west coast, in many cases belonging to people who have spent all their
savings and borrowed money in order to set up a small factory. These unfortunate men
have nothing before them but starvation in the event of their not being permitted to work
this season, they having allowed their nets and lines to go to ruin in the meantime; of
these, about eight are in tlie neighbourhood of St. George's Bay and Port-k-Port.

The non-intimation of the modus vivendi to the people engaged in this industry,
though not touciied on in the Resolutions, is, I consider, a real grievance, if this statement
be true, althougli I am at a loss to understand how it can be the case, as they are in
telegraphic communication with St. John's.

9. Finally, I inclose a Statement showing the number of barrels of herring exported
from St. George's Bfiy during the last thirteen years, from which it will be seen that the
French interference has up to the present not been of the serious character which they
attribute to it.

I have, &e.
(Signed) B. W. WALKER.

Inclosure 2 in No. 10.
Governor Sir T. O'Brien to Captain Sir B. Walker,

(Paraphrase of Telegram.) Newfoundland, June 3, 1890,

FOIjLOWING telegram received from Secretary of State for Colonies : —
" Send explanation by telegraph as to state of affairs. Have armed marines landed

and removed nets, and has payment taxes been refused ?

" Report by telegraph to nie all the facts of the case, to be transmitted to Secretary of

State for the Colonies."

[IS not till the

Inclosure S in No. 10.
Statement of Number of Barrels of Herring exported and sold from St. George's Baj'.

Yeor.

Number of
Barrels exported.

Sold.

Remarks.

1878

10,547

• •

1870

12,993

« •

1880

9.058

• a

1881

12,543

, ^

1882

16,377

• •

1883

22,291

• •

1884

..; 19,548

t ■

1885

11,900

• •

1886

8,172

• •

1887

16,352

■ ■

1888

14,080

10,000

In addition to this n consi-

1889

16,027

2,500

deinble (iiuintity sold to
lobster factories,

(Signed)

B. W. WALKER, Captain.

Inclosure 4 in No. 10.

Resolutions passed at a Public Meeting held at Sandii Point, Bai/ St. Grorr/e, West

Newfoundland, May 24, 1890.

[See Inclosure 3 in No. 6.]

VALKER.

No. 11.

Admiralty to Foreic/n Office. — {Received July 16.)

Sir, _ ^ Admiralty, July I \, \890.

I AM commanded by my Lords Commissioners of the Admiralty to transmit here-
with, for the information of the Secretary of State, copy of a letter from the Captain of
Her Majesty's ship " Emerald," dated the 22nd ultimo, together with copy of its inclosure,
respecting the state of affairs in connection with the Newfoundland fisheries.

I am, &c.
(Signed) EVAN MACGREGOR.

Inclosure 1 in No. 11.

Captain Sir B, Walker to Admiralty.

(Extract.) " Emerald," at St. Geouje's Bay, Juite 22, 1890.

IN continuation of my letter of the 6th .June, I have the honour to report that I left
Port Saunders on the 9th instant for Old Ferolle, where I arrived the same day. Having
visited the factories in that neighbourhood, I proceeded, on the 11th instant, to St. Mar-
garet's Bay, where I met Commodore Mar^chal, and arranged with him the delimitation,
under the modus vivendi, of the fishing-grounds for the factories situated round
that bay.

Inclosure 2 in No, 11.
Commander Riddel to Captain Sir B. Walker,

Sir, " Pelican," at Bay St. George, June 17, 1890.

I HAVE the honour to report that, in pursuance of your orders, X left Port Saunders
in Her Majesty's ship " Pelican," under my command, on the forenoon of the 5th June,
find proceeded under steam for Bay St. George, experiencing a dense fog during the latter

Ifl

f\i:

part of the passoge, which compelled tnc to aiiclioi- off Oruvels for tlic night of the tith,
proceeding to St. George's on the following forenoon.

2. At St. George's I was informed that the herring fishing had for the most part come
to an end, and that the catch iiad heen very good. No French cruizer was in the port,
and everything was quiet on shore, though some of tlio residents who had cargo on boanl
the steam-ship " Harlow " had on the previous day, on her arrival from Halifox, refused
to pay the customary duties of import, and that, in consequence, the steamer had proceeded
north without landing any part of it. I may here add that on the return voyage of the
" Harlow " the amount of duty was deposited, and the cargo removed from the vessel by
the consignees.

I communicated with his Excellency the Governor by telegraph ; and having been
assured by Mr. Dwyer, the Resident Magistrate, that no disturbances were anticipated, I
put to sea on the 8th instant at 4'40 a.m., and after encountering strong breezes and a
confused sea, arrived at Sydney at 10'15 a.m. on the 0th.

3. At Sydney twenty-four hours' general leave wa^ given to each watch ; and tlio
ship was coaled alongside the pier of the Sydney and Louisburg Coal and Railway
Company, and at 10 a.m. on the 13lh the "Pelican" proceeded to sea, arriving at
St. George's at noon on the following day.

4. The French cruizer "Indre " was at Sydney, and, on the 10th instant, she sailed
for St. John's.

5. Having received your telegram of the IGth June, directing me to visit the lobster
factory at Fishels and to prohibit Leroux, the owner, from working it during the present
season, I put to sea on the morning of the 1 7th, and complied with your instructions by
serving a notice on Leroux. I then crossed the bay and communicated with the factory
in Abraham's Cove, which I find is a new one, worked by two men and two women for
the tirm of Haliburton, of Cape Breton. On returning to St. George's in the afternoon of
the same day, I communicated the results of these visits to you at Bay of Islands.

I have, &c.
(Signed) D. M'N. RIDDEL.

No. 12.
The Earl of Lytton to the Marquis of Salisbury, — {Received July 21.)

My I^rd, Paris, July 20, 1890.

I HAVE the honour to transmit herewith to your Lordship, extracted from the
" Journal Officiel " of this day, a note of the movement of French shipping and of the
exportation of codfish at St. Pierre during the month of May last, which states that com-
pared with the corresponding period of last year the figures show a decrease of 86,912 kilog.
of dried, and 1,442,260 kilog. of fresh fish.

I have, &c.
(Signed) LYTTON.

Inclosure in No. 12.

1890.

Extract from the "Journal Officiel" of July 20,

Saint-Pierre et Miquelon. — II est entre, pendant le niois de Mai, dans le port de
Saint-Pierre, quarante et un bi\timents Franoais (iong-courriers et pccheurs), et il en est sorti
vingt-quatre.

Pendant la m^me periode, les exportations de morue ont 6t6 de 333,070 kilog. de
morue s^che et 692,463 kilog. de morue vertc. Lcs exportations totales atteignent, pour
les quatre premiers mois de I'annee 1890, 1,208,542 kilog. de morue s^che et 692,463
kilog. de morue verte; I'exportation de la morue verte n'a commence qu'en Mai.
Compares au mouvement connnercial de la periode correspondante de 1 889, ces chiffres
accusent une diminution de 86,912 kilog. pour la morue s^che et de 1,442,260 kilog. pour
a morue verte.

Le cadastre dont la confection a <;te d^cid^e par le Conseil-G^n^ral est en cours
d'execution.

(Translation.)

St. Pierre and MiqrELON. — During the month of May forty-one French vessels
entered the port' of St. Pierre (" long distance " vessels and fishing-boats), and twenty-
four left it.

!int, she sailed

est en cours

During the same period the export of cod ^mounted to 333,070 kilog. of dried cod,
ond 002,4(13 kilop. of undried cod. The total export lor the first lour months of tlic year
1800 comes to l,20S,rA^ kHoR. of dried cod, und 602,403 kilog. of undried cod; the
export of "undried " cod only began in May. Compared with the commercial movement
in the corresponding period of 1880, these numbers show a diminution of 82,012 kilog. in
the export or dried cod, and of 1,442,200 kilog. of" undried " cod.

The sui vcy decreed by the " Conscil-General " is in course of being carried out.

No. 13.
Colonial Office to Foreign Office, — (Received July 22.)

Sir, Downing Street, July 21, 1890.

I AM directed by Lord Knutsford to transmit to you, to bo laid before the Marquis of
Salisbury, a printed copy of an Address to the Queen on the subject of the French Treaty
rights on the coasts of Newfoundland, which address has been passed by both Houses of the
Colonial Legislature.

Lord Knutsford proposes, with Lord Salisbury's concurrence, to defer replying to the
Address until the negotiations at present going on with the Colonial delegates shall have
made some further progress.

His Lordship has laid the original Address before the Queen.

I am, &c*
(Signed) JOHN BRAMSTON.

Inclosure in No. 13.

Address,

To the Queen's Most Excellent Majesty.

Most Gracious Sovereign,

WE, your Majesty's humble and- loyal subjects, the Legislative Council and House of
Assembly of Newfoundland, in Legislative Session convened, desire to approach your
Majesty with hearty expressions of devotion to your Majesty's person and throne.

We deeply deplore the circumstances which constrain us to appeal again to your
Majesty with regard to the encroachments made by French citizens upon the rights of
your Majesty's subjects in Newfoundland.

Wc most humble crave the favour of your Gracious Majesty's reference to our
Address relative to this subject presented last year, and especially wo beg to call attention
to the following paragraphs : —

" With all submission we are constrained to state to your Majesty our position, that
the claims of the subjects of France in respect of the taking and preserving of lobsters
upon our coasts, and also their claims in respect of the taking of salmon, which latter claims
have also been the subject of our deliberations, are utterly without foundation, and cannot
be maintained ; that the action of French subjects in this behalf has been in violation of
Treaty obligations and of international law, and that there has resulted therefrom a gross
trespass on the rights of British subjects, and one for which an exemplary compensation
should be demanded from the Government of France.

" For the causes herein set forth, and with the grievances herein complained of, we,
your Majesty's dutiful and loyal subjects, do therefore approach your Majesty with the
humble prayer that your Majesty will be pleased to take the same into gracious and
favourable consideration, that your Majesty will cause the same to be brought to the notice
and consideration of your Majesty's Ministers, that your Majesty will graciously cause such
action to be taken as shall lead to the removal of all lobster factories, or establishments, or
buildings connected with the lobster industry, erected by the French upon the territory of
Newfoundland, and to the prevention of any such erections in futurp ; and that your
Majesty will be graciously pleased to cause it to be an instruction to the Commanders and
officers of your Majesty's ships engaged in the protection of the fisheries upon the coast of
Newfoundland that, they shall be aiding and assisting your Majesty's subjects in this island
in the prevention of interference by the French with the prosecution of any lawful industries
enterprised by British subjects in Newfoundland."

From the gracious reply vouchsafed by your Majesty to our Petition, we are pleased
[84] D

to know that your Mnjosty's Minisleri cunciir witli us in llic po«iti(in tliel tlio •'Veiicli Imvo
no rijjiif, to tnl<o lobsters ov cn-ct lolixtcr Cictoiios on our cuiist.

NW have Icnrncd tlien, vitli su'i'ilsi- jiikI ^rcat aliiiin, tlmt ii innihn v'irciuli ln« liccii
entered int) iK'twt'i'ii your M.iicsty a d llic I'Veiicli (iovt'iiiiiu lit, not ooly tok'nitin;; Cor
tliiH Hcasoii tlic lolwtcr facloriiv* Ojiornled liv tlie FrtMU-'i diiriii:; last year — ai;aiiiHt nlileli \vu
iiunddy iiride petition to your .Majestv — Init also cniiio'.vcrin'^ your .M;ij(!-.ly'H iiuvul ollieei'H
to sanetion tlie ereetion ol' nu indelinite ntuulier of new f ctoiies by the l''ie;ic!i dnrin!? tlio

f resent season, notwithstandinu' tile statement made li\ tlie Kijjlit llonoiu'able Sir II. J.
loliand t()(JovernorSirG. W. DmN'trux, dated tlie 11 tb l"\bruaiy, iSST.fliat, "the French
Government have n|p|)roved ol" tlio leinovnl of some lobster faetorie* cHtaidisiied on the
coast by Freneh subjeeta." This staleinciit, in the o|iiuion of your petitioners, ix evi leneo
of the faet that tlio French (loverninent at lliat time n|)preeiated their error in the ereetion
of sucii factories.

Wo have noticed tiie statement of Sir .fanus Ferjijussou in tlio llou<e of C tiiiinniH that
the modus vireiuli had been inoditied to meet in ?ome decree liie views of the Nowfound-
hind Government, which m'^iit imply thai tlie moditicalions weie m liie diieetion sug^e8ted
by our Government. On this point tlioro has been some iiiisiip|iivIienion, and it
appears cviiicnt, on perusal of the correspondence between the Imperial and Colonial
Governments, that the particular o'ljeet which the Colony hid in view in sug^estinj?
the chani!;e of date for tlie eoinmencenicnt of flic nl<ilus ipin bod not b.-en uecurutely
appreciated.

The (irst despatch from Lord KnutsCord on the subject announced the proponal of n
tnodus vimiili for the season of ISOO with rei;ard to I )!)ster factories on tlie basis that each
nation should operate the saino number respectively as were in existence on the 1st July,
18*0. The despatch in reply from the N'l wfoiindland Government contests tha claim of
the French to erect factories; but, actuated irolely by a desire to meet the wishes of your
.Majesty's Govermncnt for some torn])orary arrangement for tiic season, suirt^ested that if
the modus virrnd! were arrantjeil, the- date of the status (fuo should be the 1st January,
ISOO, as ibc Hritish had commeneed a number of new factories. Without further consul-
tation with the Newfoundland Government, \\\\\ p'.iisuin;^ a course the ed'ect of whieli was
exactly opposite to that su^';;estcd, an arrangement was entered into with France, allowing
the French to erect and operate an unlimiled number of new factories for which sites
satisfactory to the French and IJnglisli Naval Commanders could be found. This is the
modification said bv Sir James Fergusson to have been made to some extent "to meet the
views " contained ni the despatch of the Neivloundland Government above referred to.
An arrangement less in keeping with the object aimed at in the suggestion of alteration in
tiie date could scarcely be made, anl that it is aioiv inimical to the interests of this Colony
and more favourable to the French than the proposal first cabled to the Newfoundland
Government is conclusively shown by the rcrusal of the Freiic!) to return to that nrrangc
ment when siibsc()uently requested to do so by vo'ir Majesty's Ministers.

The modus viveudi was thus concluded without the assent of this Colony, notwith-
standing the assurance containe 1 in thedesjiateb of the Secretary of State (Mr. Laboncherc,
2(ith March, 18.57), to the efK'ct that "the lights at present enjoyed by the community of
Newfoundland arc not to be ceded or cxclr.ui^'ed without their assent, that the Consti-
tutional mode of submitting measures for that assent is by bringinif them before the
Colonial Legislature, and that the consent of the coinauinity of Newfoundland is regarded
by Her Majesty's (jovernmcnt as the css.'nlial preliminary to any inoditication of their
territorial or maritime rights."

We beg further humbly to submit that there is no law under which the French iirc
permitted to erect lobster factories on any part of the coast of Newfoundland, nor is there
any law to prevent Hritish subjects from exercising fishing and all oHier rights on the
whole coast of this island, including lobster catching and canning and the erection of
buildings for that puii)ose.

From this it follows that solely by force exercised either by your Majesty's or tho
French naval or military forces can the French lobster factories be maintained, or English
lobster factories be prevented.

If the naval or military forces of cither country were to act without any sanction
of law in dealing with this question, could it be a matter of surprise if British subjects in
Newfoundland, seeing their fisheries handed over to foreigners, their mines, minerals, and
lands locked away from their use, and their other industries hampered by. the action of the
French nation, were incited to acts of retaliation ?

We humbly submit that wo l-.ave full power to legislate for our* fisheries, notwith«
standing the existence of any right of fishing upon our coast enjoyed by other nations in
virtue of Treaties, provided that our legislation be not differential.

lie •'Vc'Mcli have

■IrniiiH Ins been
y ti)li.'riitiii'j; Cor
uiiiiist wliifli wo

'i niWIll oMlCLTH

iMcli (luring; tlie
r.ilile Sir II. J.
int " the Freiu'li
lalilisliod oil the
icrs, is t'vi lenco
r ill llic crcL'tioii

f'CjiniiioiH tlint
the Nowfoiind-
•clidii sii^'^ested
iKMi-iuii, and it
111 and Coloniul
in suij'ijcstinj?
lii'eii uc'curately

le proposal of fi
; basis I bat each
on tlic 1st July,
?ts tii3 chini of

wishes of your
nsii?e»ti'd tliat if
;iic 1st January,
t further con«ul-
::t of whicli was
France, allowing
I for whicli sites
1(1. This is the
it " to meet the
love referred to.

of alteration in
of this Colony
Newfoundland

ta that -irrangC"

olony, noiwitli-
Ir. Laboueliere,
! coin 111 unity of
lat the Consti-
lem before the
and is regarded
ication of their

the French .ire
nd, nor is there
r rights on the
the erection of

ajesty's or the
ned, or English

It any sanclion
tish subjects in
;, minerals, and
le action of the

leries, not with-
ther nations in

Opinions have varied in thin Co'ony, a« in other lishing countries, retjnrdiiiK nidd a
nnd nppliiiiici's I'r tisliiii-,', nml liiws on these sullied s have been eniicted, iimehdcd, an I
repealed hv fills lA'vi»l;itiire, from time to time, iis oedision reipiiicd. In some uf then;?
Acts the fiiilowini; «'lause has bei n inserted : —

" Niithiii'^ ill this Act tdiall iid'eet the rights nnd |irivilegeH granted by 'I're.ity to tlio
•ubjiets of imv State or Power in itinity with ller-.M i jest v."

Till' Leuislalniv has at diU'eriiit timi s |ms(.cd several Acts legulating the lisheiy
ns earned on bv nieaiis of r.id-trnpf, all of whie'i Aets have rcciived voiir Majesty's
Ibseiit. In the Seshion of IHi^H on Ael was passed pioliibitiiit; the use of eod-tiaps alter
the lisliing scasdii (if \>S\), During the present S(!s>.ii)ii a Mill was passed npeiiliiig that
Aer ; mid \<eiiie now informed by his Excclleiiey the (loveriior that, under iiistruetiong
from your .Miije>ty's Minister*, lie must withhold his assent tln'ilo. This is an inter-
fen lue with our right to legislate for our tislieiies which we pray that your Majesty will
not permit.

In the Session of IHf^O an Act was fiasscd creating a Fisl;eries Commission, for
tl>e better regulation of our tiuhing industries. The Act, though not disidiowrd, has
not received your Majesty's assent, the cause assigned heiiij; that it contained no claiiso
exempting from its operation that part of the const on which the French have Trea'y
rights.

\Vc proposed to insert in this Act the clause hereinbefore set out, nnd Ii.-ietofore
used ; but your Majesty's Ministers decline to accept it, and reipiire fiiitlier limitation ot
the operation of the Act.

To guard the interests of your Majesty's subjects in this Colony against tho claims
of n foreign nation culls for the use of every means in our power to protect ourselves
and our country from that destruction which an acupiicseenco therein would bring
upon us.

The Secretary of State for the Colonies asks if we ard prepared to submit the cpiestion
of the lobster fishery to arbitration? After a careful jierusal of the Treaties bearit'ig
on this matter, we find that there is certainly no question for arbitration. A similar
proposition applied to Great IJritain would be for the Frehch to claim a right to
take salmon in the Tees or the Tay, and for your Majesty to submit such claim to
arbitration.

With respect to the lobster industry, this Colony will be satisfied with nothing short
of the immediate removal of every Freneli lobster factory from the shores of Newfoundland ;
. and all our efforts will be directed to the accomplishmcut of this object.

We claim that the French bounties on lisli caught on the coast of Newfoundland and
by vessels prosecuting the fishery from St. Pierre and Miquelon cannot be excluded from
the consideration of this cpiestion. These bounties had no existence when the original'
Treaty was signed ; yet the vast vantage-ground which they confer ujion French over
British fishermen is so manifest that it is wholly incredible that such privileges would
have been conceded by Great Hritain if the possibility of these bounties had been then
contemplated.

We submit, further, that for a right understanding of the concessions made to
the French, tlic condition -of surrounding facts at the date of the Treaty must be
considered in order to ascertain what was the intention of the High Contracting Parties.
The cod fishery was the only fishery then prosecuted, and it was carried on by those who
visited the part of the coast referred to, caught their fish, cured and dried them on
the stiaiul, and departed inimediately the fishing season was over. It is hardly possible to
conceive of a concession made by the Sovereign of the soil more limited, or of a more
temporary nature, than that then conceded to the French, viz., that of fishing upon
the coast, and of drying the lish upon the land. The work of drying is done in a short
time, in a limited area, upon the beach or strand ; and the crew of a vessel, having used
a part of the strand in one year for this |)urpose, can obtain thereby no right to the same
locality in a subseciuent year. Provided, therefore, that tho French vessels, as they arrive
upon the coant and require sites to dry their fish, are afforded such accommodation and are
not interfen d with in their fishing, we most humbly submit that the Treaty is honourably
executed, and tluit wc are not compelled by a reasonable construction of it to yield to the
monstrous demands the French hpve put forth, such as the continuance of several
hundreds of miles of coast in a state of perpetual wilderness for the purpose of afiording
strand accommodation of a few thousand yards, for four or five months each ye?ir, to
French fishing-vessels to dry their fish, the abstaining on our part from all industrial
occupations in that part of the island, the yielding up to the French the salmon fisheries
in the rivers, the participation in the lobster fishery (which was not known at the date of
the Treaty, and which it was therefore impossible to concede), and the demand of
I9'i:\ • - D 2 .

,1 I *

■'■' )■
'■;i t

..; 1

an cxcluBively right to the cou-fisliery, notwithstnndiiig tlie express dechtration that
the fishery should be carried on according to tlie practice tliercfore existing, neitlier j)arty
to deviate tlierefrom. When it was <leclarc(l Uiat neitlier party was to deviate from the
existing practice, it must have heen intended that both parties should be present exorcising
a concurrent right of fishing.

If the Treaty is to he construed in accordance with French demands, then we would
most humbly ask your Majesty, What is left for your Majesty as the Sovereign of the
soil? If such interpretation is allowed, the possession of an casement, a right of
fishing, is of far more value than the possession of the territory, for the French contend
that we are not to fish upon the coast, are not to take I lie salmon in the rivers, arc not to
till the soil, arc not to operate the mines and use tlie harbours u,r the exportation of
minerals or for other purposes of traje ; that they are not amenable to our Customs Laws,
and that it is only by sullerance that our vessels and boats are permitted by tiie French to
be in our own harbours on tliis coast. These and otiier similar conttnlions set up by the
French would leave a largo portion of this island Kieiicli territory, all but in name.

VVhilst these aggressions are taking place on the coast between Cape St. John and
Cape Ray, the Islands of St. Pierre and Miipioion are made the centres from which
smuggling is carried on to an extent ruinous to the interest of this country, and which in
the unguarded state of a part of the coast it is impossible to |.revent. This illicit trade is
fostered and favoured by the French, and our freipient applications for the a|)pointment of
a Consul at St Pierre, to protect Uritish interests, have been systematically refused— a
refusal probably without parallel. Thus the declaration of the Iviug of France, that
these islands should not become an object of jealousy between the two nations, is set at
naught.

We tliercfore humhlypray that your Majesty will be pleased to assent to those two
Acts of our Legislature already referred to, and that you will relieve Newfoniulland fronj
its most anomalous and injurious position in relation to French claims.

Deign to accept, Most Gracious Sovereign, our [irofoundest expressions of loyalty
and aflcction.

I^l!'

Ni). Ll..

Adiniraltij to Fore'ujn Office. — {Received July 24.)

Sir, Ailnnrdlli/, July 23, 1890.

I AM commanded by my Lords Conimissioners ot the Admiralty to transmit
herewith, for the information of the Secretary, of State, copy of a letter from the Captain
of the "Emerald," dated the 'ind instant, together with copies of its iuclosurcs, respecting
the misrepresentations in the public prints of the state of aliiiirs in connection with the
Newfoundland fisheries.

I am, &c.
(Signed) ICVAN MACGlll-XiOR.

Inclosure 1 in No. 14.
Captain Sir B, Walker to Vicc-Admirnl Watson,

(Extract.)" " Emiv^ld," at St. Johns, .July 2, 1890. '

IN view of the gross exaggerations that are appearing in public print with reference
to the Fishery question on the Newfoundland coasts, I have the honour to forward
information on the diflercnt points that have arisen.

As authoritative statements have been made that an armed force had been landed
at St. George's Bay from the French vessels, I beg to give furlhc; particulars on this
subject.

No armed force whatever was landed, neither was any Proclamation issued by the
French officers. The facts of the occurrence were as follows : —

The intimation that the nets were reciuircd to be removed in order to allow of the
French seining operations was conveyed by an oflicer from the " Indre," wearing side-
arms, who landed from the steam-cutter of that ship in a dory pulled by one man, none
of the men being armed.

The oflicer walked up lo a group of fishermen standing on a pier, and, having
incjuirm] whether they understood French, and receiving a reply in the alHrmative from

tlicn we would

sions of loyalty

\cgri:gor.

two of them, ho asked if nny of then Iiad nets on n pnrticulnr portion of t!)c sliorc which
he iiidicatod, and prowi'deil to read from a slicct uf |»apir iiis orders, wliicli were to
tlie effect that lie was to intorni the jjeopie owiiiiii; nets set in tiiat particular locality tlint
they were required to remove ttiem by 8 o'eloek (he next niorninu;, as the Fn-nch were
desirous of scininj? al. that spot. I may add that, in previous years, the nets have not
been set there until tlie end of the fishing season.

By my conversation with Connnodorc ^hlrecIlal on tiic subject, and after very
direful iiKpiirics made personally on the s|)ot, I feel sure that nothing was done that could
bo eonstrucd into a I'roelaination ; in fact, cverytliing tends to show that the re(iuisitiou
was moderate both in tonj and ellect.

1 also l)eL' to forward a eorresiiondence of a semi-ollieial nature lliat has taken
place between the Kcv. .M. F. IIdwIcv and myt^elf as to tlie action of tlie inhabitants of
St. (Jeorgu's Hay. As the people did not consent to ^ivc the necessary imdertakings, no
goods were alloweil to be landed fi'Din the "Harlow" on her arrival, and the merehandizc
would have been taken baek to llaiirax bad not, previous to that vessel's reiurii from the
north, common sense come to their reseiie. 'riie duties were paid, and I am glad to say
no further dillieullies have arisen iiiuler this bead.

My hopeful anticipations with regard to the herring (isbery at St. (leorge's Hay
have been fully realized, it having proved one of tlie !n:.st abundant of late years. All the
nets belonging to the inhabitants were up by the I lib, although the fisli did not leave the
bay till the Kith June.

The next r|uestion that arose was in connection with the working of a new lobster
lactory, •.vhicli was objected to under the modus rirriidi by tlu; French Commodore, and
had, in eonsecpieiiee, to bi; ordered to cease o|)erations for the present season. As my
orders were defied in tiii; case, altca- repeated warnings, 1 took piis;;essioii of the place in
Her .Majesty's name, and have landed a sergeant and two privates of Marines there.

The wild rumours cireulated a« to all'airs at i'ort-a-1'ort resolve themselves into a
sijuabble between French ami iMiglisii boats seining capeliii. The Fnglish had succeeded
in making a good catch, and whilst hauling their seine the French boat cuinc along and
tore it with a boat-hook, allowing the fish to escape.

The setting fire to the factory hehniging to Messrs. Abbott and Hill (which is not
in operation) turns out to he pure liction ; the ca|»eiin at that time were hourly expected,
and it is customary for the fisliermeii to watch for them on the beach ; the weather at this
tiniH was extremely cold and inelement, and the Freiaih fisliermcn went into this unused
factory for shelter and lighted a fire for warmth ; that it was dangerous and stupid there is
no <lenying, but they had no malicious intent, and on the English fisherman who lives on
the spot telling them to leave the |>'acc they did so innncdiately.

From day to day various small incidents, which are the ordinary adjuncts of the
fishing season, are constantly taking jilaee; these, during the present year, have been
exaggerated and misstated in the grossest manner possible ; I would therefore ask you to
give no credence whatever to these various rumours. Should any ease of real importance
arise the earliest opportunity of telegraphing to you will be taken, and I will make it my
duty to keep you fully informed of ev(,Mits. I may add that 1 was in complete ignorance
of the startling reports circulated by the Knglish press until I received the English mail
on my arrival at this port. The local press, from such frequent false statements, being
totally unreliable, was not, theiei'on', taken any notice of by me.

1 am happy to say that the information from the Captain of the " Forward,"
received to-day by the '" Conscri|)t," shows the reported burning of French boats at
La Scic to be entirely without foundation.

n issued by the

Inclosure 2 in No. 14.
The Rev. M. Ilowley to Captain Sir li. Walker.

Dear Sir, (h, board " Harlow," June 7, 1890.

"HAIILOW" arrived this morning. People declared they would seize goods lest
you might think we went back of our word. I beg to say that we telegraphed first to our
Member, and afterwards to the Colonial Secretary, asking if the (lovernment would
consider our case for compensation, but ibey did not condescend to reply, but treated us
with tlie usual contempt, so tlie people could not be any lunger restrained.

I'leasu excuse pencil, and believe me, &c.

(Signed) M. Y. IIOWI.EY.

Inclosure 3 in No. 14.

Captain Sir B. Walker to the Rev, M. Howley.

Dear Sir, " Emerald," at Bonne Bay, June 10, 1800.

I BEG <o acknowledge the receipt of your letter of tlie 7tli June, which I much
regret I was unable to answer by return, owing to the shortness of the " Harlow's" stay
at Port Saunders.

I can hardly credit people with common sense peri)etratin<? such an nnl)usincsslike
and foolish proceeding; as refusing to pay duty on the feeble pretext "that I might think
they went back on their word " did ihey do so ; the only possible result would be that the
goods would not be landed, and unless the inhabitants were prepared to go to the extreme
measure of taking forcible possession (an act I should think you would hardly countenance),
the persons to whom the goods were consigned would have the doubtful pleasure of
paying double freight ujion merchandize, the landing of which they, by their o.vn action,
l)revented, and this without furthering the end in view one iota. As I informed you on
board this ship, illegal measures, e.-^pccially when only ridiculous, do a cause moie haiin
than good.

Let me once more urge you to use your influence to restrain the inhabitants from
taking any further action.

The Home Government has the whole question under consideration, and acts like
these only hamper negotiations instead of assisting them.

I regret that you have formed sucli an opinion of me as to imagine that tha people
being ready and willing to accept my advice and obey the law could possibly lower them
in my estimation. Far from it, it would considerably riis.? them, and enable me to work
in their interests with much greater effect.

I am, &c.
(Signed) IJ. W. WALKER.

No. 15.

The Earl of Lytton to the Marquis of Salisbury. — {Received July 26.)

My Lord, Paris, July 25, 1890.

WITH reference to my despatch of the 5th inst mt, I have tlic honour to report
that the Bill for prolonging the grant of fishery bounties to the 30th June, 1901, was
passed yesterday by the Senate without alteration.

1 have, &c.
(Signed) LYTTON.

9\i

I ii.

No. 16.

Colonial Office to Foreiyn Office. — (Received July 29.)

Sir, Downing Street, July 28, 1890.

I AM directed by Lord Knutsford to transmit to you, for the information of the
Marquis of Salisbury, a copy of a despatch from the Governor of Newfoundland,
inclosing a Report from Captain Sir Baldwin Walker respecting the state of atfairs on
the Treaty Shore; and a Mcmoiial from Dr. Howley on behalf of certain residents
in St. George's Ray.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosure 1 in No. 16,
Governor Sir T. O^Brien to Lord Knutsford.

Government House, St. John's, Newfoundland,
(Extract.) July 1, 1890,

ON the arrival of Her Majesty's ship "Emerald" yesterday I received the
accompanying report from Captain Sir Baldwin Walker, who states that not only are the

people on tlie west coast paiticulnrly quiet and well disposed this year, but tliat the French
were more tlmn considerate and conciliatory. 1 therel'o'.e at once telegraphed to you. my
Lord, to inform yon tliat there was no truth in the exaggerated rumours that have been
set atloat, adding that you nii^ht depend on my keeping you fully acquainted with any
case of real disturbance or conflict, Sir Baldwin Walker having promised to telegraph to
me immediately in the event of anything taking place, while at the same time reporting
to the Admiralty.

Sir Baldwin also states that he has had to close but two factories of those opened
since the 1st July last year, though there are a large number of others of the same
category in operatiouj to which the French have taken no exception. In one case the agent
having been told to go on canning in spite of the orders from the Naval Officer Commanding,
he had to ctimpel him to stop work ; and I now iuar tliat Air. Morrison, M.H.A. (a partner
of Sir James Winter), has been sent by a St. John's merchant, Mr. Baird, to the coast to
obtain evidence prior to instituting legid i)vocecdings against the Captain of Iler Majesty's
ship "Emerald," so that as we are sur to hear n\ore of this hereafter, when I shall fully
report to your Lordship m the matter, I would l»ut add that, so far, I do not think this
ofiiccr has exceeded his powers.

Mr. Baird, to whom the above-mentioned factory is mortgaged, is one of the
principal leaders of the so-called " Patriotic Association," and it is openly stated in the
press here that it is desired by this body to make this a test case as a protest against the
modus vircncli.

The accompanying letter has been published by Dr. Howley on the position of matters
in St. George's Hay.

In conilusion, I ;im happy to be able to add that the news from the west coast is
confirmntory of that received from all parts of the island, viz., that this year's fishing
promises to be so far exceptionally good, hence the main cause of dissatisfaction or
incentive to disturbance will be reduced to a minimum.

AMSTON.

Inclosure 2 in No. 10.
Captain Sir B. Walker to Governor Sir T. O'Rrien,

Sir, " Emerald," at St. Johns, June 30, 1890.

IN answer ta your letter of the 9th instant, requesting further particulars with
reference to the occurrences at St. George's Bay, I have the honour to inform your
Excellency that no armed party landed from the French man-of-war, neither was any
Proclamation issued to the people, either in the locality or on the coast.

The intimation requiring the people (o lift their nets was conveyed to them by an
ofKcer wearing his side-arms, who landed from the steam-cutter of the '' Indre," which was
lying off, in a dory pulled by one man, none of the men in the boats being armed. The
officer, seeing a group of men standing on a pier, walked up to them, and, having inquired
if any of thern understood French, received, I believe, a reply in the affirmative from two
of them. He then aslced if they owned nets set on a portion of the shore which he
indicated, and jjroceeded to read from a sheet of paper his orders, which were to the effect
that he was to inf'M'm people owning nets set in the jiarticular locality indicated that they
were required to remove them by 8 o'clock the next morning, as the French were desirous
of seining on that portion of the shore.

I feel 3ure, after careful inquiries made and the conversation I have had with Commo-
dore Marechal on the subject, that nothing was done that could be construed into a
Proclamation ; in fact, everything goes to prove that the requisition was moderate both la
tone and effect.

Finally, I have much pleasure in being able to inform your Excellency that the
herring harvest in St. George's Bay has been most abundant, and it was acknowledged
among the fishermen that they were in no way interrupted this season by the French.

AH the nets were up by the 11th June, although the herring were in the bay till
the 16th.

It is obvious, therefore, that if the inhabitants did not all obtain a full voyage, it was
nobody's fault but their own.

I have, &c.
(Signed) B. W. WALKER.

•■ ^^ m

'li\

Inclosure 3 in No. 10.

The Rev. M. Howley lo Sir W. Whiteway.

Sir, St. .John's, .Tunc 23, 1890.

I HAVE been deputed by tbe people of west coast to plnee before you a state-
ment of their case, and a demand for some drawback or compensation for the losses
suffered by them owing to the exercise of French rights on our shore. At a meeting held
at Sandy Toint on the 21th May Resolutions were passed setting forth in strong language
our grievances, and declaring that we would refus j to pay duties till we should receive
such compensation, or a guarantee to the same f iTect. The telegraphic despatch, neces-
sarily concise and terse, may, perhaps, have conveyed a sense not exactly in keeping with
the sentiments of the meeting, namely, one of disrespect and disloyalty to the Goi^ern-
ment ; and as such interpretation may damage, rather than serve, our cause, I beg to
quote the following words from a speech delivered at the meeting, which will show what
was the real sense of the meeting on this head : —

Tlie Rev. P. W. Brown, speaking on behalf of the people of Bay of Islands, said :

" He wished it to be distinctly understood that we are not met here to make any

complaint against the French. They are exercising what they deem to be their just right,
and they are not using any unnecessary severity. Neither are we complaining of our
Magistrate or Customs officers, who arc only doing their duty, but we are protesting
against a system of huge and preposterous injustice inflicted on us, and we want to have it
rectified. We object to the conduct of tlie Government in asking us to pay duties, and
giving us no adequate return. Neither do we speak of the present Government, or any
particular political party in power, and we deprecate any attempt to give this meeting a
party or political colour. We are speaking against a system, not against men."

Nearly all the speakers expressed the same sentiments, but if some expressions of a
more decided character were made use of, due allowance should be given to the feelings of
people who had just been ordered to take up their nets, thus seeing themselves possibly
deprived of the means of earning bread and butter for their children. Our object, then, in
holding the meeting was two-fold : —

1. That we have been suffering from these grievances for many years past, but
particularly since the introduction of the Bait Bill. We deemed the present a most
opportune moment, when public opinion calls so loudly for the settlement of this question,
to strengthen the hands of your Government, by showing in a manner more emphatic than
words the unjust burdens imposed on us, and the existence here of dangerous elements
likely at any moment to explode into serious trouble. We may also say that we were
strongly urged to this expressive mode of action by the words of Sir James Fergusson,
who, in reply to a question on the Newfoundland trouble, stated in Parliament, in 1889,
that as the inactive or neglectful policy of the Home Government in that matter had now
been pursued for nearly 200 years, without producing any bloodshed or more serious
consequences than harmless Resolutions and protests, he thought it would be a very wise
thing to pursue the same policy in future. We therefore considered tha^ in order to
awaken the Imperial authorities to a sense of the injustice under which we labour, it was
necessary to take some more decisive step. I may add it was not our intention to commit
any act of personal violence upon officials, but, by taking possession of our goods when
landed, to thus protest against the unjust system under whicli we are labouring.

2. The object of our meeting was to obtain from the Government compensation, or
a promise thereof, for the actual loss occasioned to us by circumstances over which we
have no control. On this point I am instructed to say that the losses sustained to our
people may be considered as particular or individual and general.

With regard to the former, in which is included the question of lobster factories, I
am requested to ask that a Judge or Commission of Arbitration be appointed to take into
consideration the individual cases of hardship and actual loss by the destruction of
property, such as nets, traps, herrings, fish, &c., and that every facility be afforded the
people to place their claims before such Tribunal without any unnecessary delay or
expense, for which purpose I would suggest that legal advice should be procured for them
without any charges on their part.

With regard to the general loss, I beg to state that I think it could be met by
a special grant from the Executive for some public works in this district, particularly in
Bay St. George, which suffers most from these causes, I would suggest that the sum of
6,000 dollars be granted for that purpose.

I have, &c.
(Signed) M. F. HOWLEY, P. A.

me 23, 1890.
e you a state-

for the losses
a meeting lield
trong language

should receive
lespatch, neces-
in keeping with
to the Go/ern-
cause, I beg to
will show what

P Islands, said:
re to make any
;heir just right,
plaining of our
; are protesting
want to have it
pay duties, and
rnment, or any
this meeting a
en."

jxpressions of a
J the feelings of
nselves possibly
object, then, in

f'ears past, but

[present a most

if this question,

emphatic than

;crous elements

y that we were

tiies Fergusson,

ment, in 1889,

atter had now

more serious

je a very wise

at, in order to

labour, it was

tion to commit

ur goods when

■ing.

mpcnsation, or
over which we
istaincd to our

ter factories, I
d to take into

destruction of
afforded the
sary delay or
ured for them

Id be met by
particularly in
lat the sum of

.EY, P. A.

No. 17.
Colonial Office to Foreign Office. — {Received August 4.)

Sir, Downing Street, August 2, 1 890.

I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis
of Salisbury, a copy of ii Memorandum forwarded to this Department by Sir William
Whiteway, containing suggestions in the matter of the proposal for arbitration on the
Newfoundland Fisheries question.

I am to add that the obvious difficulties involved in the latter part of this
Memorandum have been pointed out to Sir William Whiteway at his meeting to-day with
Lord Knutsford.

I am, &c.
(Signed) R. H. MEADE.

Inclosure in No. 17.
Memorandum in re French Treaties, Newfoundland.

THAT all matters in difference as regards the construction and true meaning of the
Treaties, and what breaches thereof have been committed by the people of either nation,
and all matters in difference in relation thereto, be submitted to the arbitrament of five
Arbitrators, one to be na'iied by Her Majesty's Government, one by the Newfoundland
Government, two by the French Government, and one by

The award of a majority to be binding, that upon the true position being clearly ascer-
tained, and the full rights of each nation defined, the same Arbitrators proceed to a
valuation of the rights of the French as regards the fisheries, and upon the coast between
Cape Raye and Cape St. John, and determine the compensation to be made to the
French for a surrender of those rights, which surrender upon the one hand, and com-
pensation upon the other, be carried out. That the same Arbitrators determine as regards
the abrogation or reduction of the bounties t)y the French, and the concession of the
privilege of purchasing bait fishes on the coast of Newfoundland on an equitable basis,
with a view to the prosecution of the fisheries, without injury or prejudice to the people of
either nation.

July 21, 1890.

No. 18.

Admiralty to Foreign Office. — {Received August 7.)

(Extract.) Admiralty, August 7, 1890.

I AM commanded by my Lords Commissioners of the Admiralty to forward
herewith, for the information of the Marquis of Salisbury, copy of a letter from the
Commanding Officer of Her Majesty's ship " Emerald."

Inclosure in No. 18.
Captain Sir B. Walker to Vice-Admiral Watson.

(Extract.) " Emerald," at St. John's, July 18, 1890.

THE French this year have, up to the present, been moderate as compared with
former seasons. The working of the modus vivendi has been most favourable to
Newfoundland, thanks to the conciliatory attitude of Commodore Marechal ; recognizing
this, I deemed it essential, in Newfoundland's best interests, that the observance on my
part should be loyally carried out

At the liresent time I know of eighteen factories working that were not in operation
on the 1st July, 1889. The two factories closed were both in St. George's Bay, one at
Fischel's Brook belonging to Mr. Leroux, and the other at Abraham's Cove, on the north
side, belonging to Maclean, and supplied by Mr. Baird. As soon as matters had been
settled between the French Commodore and myself, which was done at the very earliest
|_olJ E

ft
'I i

■ f J

date possible, in order to reduce as far as practicable loss and inconvenience, I tele-
graphed to the Captain of Her ^lajesty's sliip " Pelican," then at St. George's Bay, to
order the above fnctories to cease operations, and as I anticipated difTiculty, determined
to proceed myself to that spot. As [ found the order to close the factory at Fischcl's
Brook was disregarded, I, after very careful tliought, and liaving exhausted all concilia-
tory proposals, determined to enforce tlie carrying out of my orders. My action in the
matter was, I knew, being closely walclied ; any hesitation on my part might iiave lost
me the control of the inhabitants on the Treaty Shore, and matters would have assumed
a serious aspect. Previous to using force, I saw Mr. Leroux in the presence of the
the Magistrate at St. George's Bay and talked matters over in a private way. I proposed
to him tliat, if he closed the factory witliout opi)osition, I would use my very best endea-
vours to obtain compensation for him, but that lie must understand I could not guarantee
it; and I promised him, as n bona fides of my endeavour, that I would inform him what
I said with respect to his claims, but I, at the same time, told him that, if he persisted
in working, he must expect to find me oppose his claims to the utmost. I suggested to
him as an alternative to open liis factory at Sandy Point, which has not been in operation
since 1888, and to smack the lobsters ; but 1 only made this suggestion to him privately,
and on the supposition that he would close the Fischel's factory, otherwise he was not to
make use of this alternative and work the factory.

Mr. Leroux himself was anxious to obey the prohibition; his men, as he informeii
me, were only working in a half-hearted way, and that the sooner he was closed the
better ; that it was only on account of the orders he received from Mr. Baird, mortgagee,
that he persisted. 1 gave him time to consider over matters, and on my return to
St. George's Bay I received tlie following notification from him : " James Baird orders
me continue operations at Fischel's factory until stopped by force, and not to deviate
from these instructions." After this it was useless temporizing any further.

Having informed Mr. Leroux of my intention to close the factory, and requested
some one might be present to represent him, on the 2oth June 1 proceeded off Fischel's
Brook, and, having landed, I informed IMr, Leroux' son tliat I intended taking possession,
and placed a sergeant and two privates, lloyal Marine Light Infantry, in charge of the
establishment, with orders to allow nothing in their charge to leave the place without a
written receipt from Mr. Leroux.

The other factory at Abraham's Cove closed without any trouble.

The troubles at St. George's Bay have already been fully reported on ; everything was
so quiet on the 21st May, and so few French Bankers were there, that the Commander
of the " Pelican " considered his presence unnecessary, and he proceeded north, with
the "Erin." Advantage was immediately taken of his absence to get up the public
meeting at which the revolutionary Resolutions were passed. The alHdavits lately taken
at the instigation of Mr. Carty, M.U.A,, in which they all apparently sustained the
same loss, are difficult to reconcile with the undisputed facts that all herring-nets were
up by the llth, notwithstanding the presence of herring in the bay. The truth is the
inhabitants secured all the (ish they liad salt for, and I, in conversation with some of the
fishermen, was informed that, though last year tliey were subjected to considerable loss
and inconvenience, this year they had not suflered at all. Yet these same men have
since stated in their affidavits that they have this year been subject to loss owing to
French interference.

The circumstantial account of the occurrences at Port-a-Port were given by
Mr. Baird's agent. Further inquiries into this nuittcr elicited the fact that Commodore
Mardchal made the French vessel which destroyed the English net replace it by another.

No. 19.

Commander Uiddel to Captain Sir B. ^Valker. — {Received at the Foreign Office, Auc/ust 8.)

(Extract.) "Pelican," at St. Geortje's, July 8, 1890.

I HAVE the honour to report the proceedings of Her Majesty's ship " Pelican,"
under my command, since leaving St. George's on the 19th ultimo.

Acting in compliance with your directions, the " Pelican " left St. George's on
that date, and proceeded to Abraham's Cove, wliere the people at Halliburton's lobster
factory were served with a notice to discontinue working.

We arrived at IVrt Saunders on the afternoon of the 2'3rd. Found there the French
cruizers "La Perouse" and "Bisson." When calling on Commodore Marecbal, that

officer complained to me that the fishinj? operations of the Frcncli hctwecn Port Saunders
and Port-au-Clioix was impeded by the tact that British schooners fVeqncuted the ground.
Both the French vessels left Port Saunders on the LMth June, and on the Uuth I received
a letter fron» Commodore ^rarechal (inclosed) in wliich he lodjyed complaints nuainst
Jhitish schooners visiting Gnrgiimelle f'ove aiul St. John's Island, and by their presence
impeding tiie fishing of French subjects. Me also lodged complaints against a schooner,
name unknown, for intcifering with and cutting cod-trawls at St. John's, but, as no cluo
to the vessel could he given, it was useless to enter further into the case.

Commodore Marechal makes a general c()m])laint about the ])resence of British
lobster-lraps near the beaches where capelin (ire netted, but [ have not been able to find
any single case in which these traps liavc been set beyond the limits assigned to the
various factories. I can only presume the complaint is made merely in a general sort of
way as a protest against the factories of Forrest and Co. at Port Saunders and John
Meagher's Cove. With reference to the complaint made against the factory at tha
latter place, I beg to state that I communicated with Mr. Shearer on the subject, and
warned him that he must ])rohibit his fishermen from encroaching beyond the limits. I
dispatched the "Erin" to Gargamelle Cove on the 'Joth to warn IJritish schooners from
fro(|uenting that place to the detriment of the French fishermen ; and, on the 2Gth, the
" Erin " proceeded to John Meaglier's Cove to piohibit Forrest and Co.'s fishermen
exceeding the limits in wliich they are allowed to set their lobster-traps. The " Erin "
returned from this service on the following day.

I acknowledged Commodore Marechal's letter on the 2Gth June and a copy of my
reply is attached,

I visited Torrent River, Hawkcs Pay, in the steam-cutter on the 25th Juno and
found no salmon fishing going on; indeed, but little of this industry has been carried
on at present, the fish being extremely late in appearing off the rivers on this coast.

A letter dated the ;.'7tli June from the Prud'homme at Port-au-Choix reached
me on tliat day, complaining of the presence of British schooners in Gargamelle Cove
(co])y inclosed). In conseriucnce of this communication I sent Lieutenant Bird in the
stcam.cutter to visit Gargamelle Cove and to interview the Prud'homme, ascertain from
him, and from his own personal observations, what fishing the French carried on in the
cove, and whether the presence of schooners there did really impede their fishing opera-
tions, directing him, if the latter were the case, to board all liritish vessels in the cove,
ascertain their names, Sec. and warn them that they must abstain from making use of
that cove as a place of shelter. Sub-Lieutenant Bird, on his return to the ship, reported
that the cove was the great baiting-ground for the French, and also that they ii,shed for
cod in it, and he notified to the masters of the schooners that they must not use the cove
as a ])lace of shelter. On the following day the masters of these schooners came on
board the " Pelican," and I explained to them that if they merely visited this coast for
shelter, all friction and dispute with the French could be avoided if they would use
Hawkes Bav or Port Saunders as harbours. The vessels left Gargamelle on the morning
of the 30th.

On the 28th June I sent the "Erin" to Bonne Bay to meet the mail-steamer,
and on the 1st July I proceeded to sea in the "Pelican," visited Ponds Eiver, where
a man named Plowman commenced salmon fishing on the loth June, but up to date liad
caught but eight fish. From Ponds lliver I proceeded to Port-au-Choix, anchoring in
the old port.

The fishing here has been exceedingly good, 4,000 quintals of cod having already
been packed, and bait very plentiful. Leaving Port-au-Choix on the 2nd, 1 visited
Sesostris, Barred llariiour, and John Meagher's Cove, and when off Dog Island I was
met by the " Erin," which brought up the mails and your telegrams of the 30th .Func,
relative to (1) the case of the schooner " Stc. Marie " at Flowers Cove ; and (2) directing
me to proceed to St. George's ]^•dy to execute instructions in connection with the lobster
factories at Fishels and Robinson's Head.

Leaving Flowers Cove on the 3rd July, 1 proceeded to Port Saunders where
I coaled ship, and again put to sea on the 4th, visited Fox Island and River on the 5th,
called off Fishels at 9 o'clock on the evening of the same day, found that licroux had
di"'T>in'uled his factory, and that the fishermen he had hired for the season had engaged
I'loniselves to the owner of a neighbouring factory. I did not embark the marines
on account of the lateness of the hour, but warned them to be in readiness to embark
on the 7th, on which day they were brought down in the steam-cutter. Arrived and
anchored off St. George's at midnight,

A rumour was current that the French Commodore had caused fishing-nets
belonging to British subjects to be raised at Fox Island River, but on inquiry I find there
[84] ' E 2

is no truth whatever in the report. It is correct that he ordered British vessels out of
West Bay, Port-i\-Port, and that these vessels did leave, returning again later on when
the Commodore's ship had sailed.

Inclosuro 1 in No. 19.

Captain Mar^chal to Commander Riddel,

Croiseur " Le La Perousc," Port-au-Choix,
M. lo Commandant, le 21 Juin, 1890.

.T'AI riionneur do vous informer qnc j'ai rc^u aiijourd'hui dos plaintcs simultandes
dos capitainos do Povt-aii-Choix ct do I'llc Saint-Jean, contro les goelettcs Anglaises
qui viennont i\ I'Anso de Gargamollc ct ri I'llc Saint-Joan les entravcr dans lours
operations do pficho.

A la gone quo lour causent los casiors Anglais qui pars6mcnt la c6to dans ces
diffdrcnts cndroits ot aux environs do I'Anso du Trappcur aussi, points qui sont
cxploitc'is par nos p6cheurs tous les ans, au moins ])ondant la saison du capclan, vient
so joindro la concurronco illegalc dcs go61ettcs Anglaises qui prcnncnt I'habitudo do
vcnir ti cotto epoquc dans ccs parages, sous pretcxtc d'y reli\clier, mais on rdalito pour
y pfidior la moruc et scs applets, au grand ddti'iment do nos nationaux.

Cos bfttimcnts commcttcnt done unc triple illegalite : ils i)6clicnt sur une c6to
qui nous est reservoc, tranchcnt lour moruc sur les fonds dc pficlic et no portent pas
de nom.

Lo 17 Juin, les doris d'uno dc cos goelettcs ont non sculemont lcv6 toutcs les
harouclles du Capitainc Mary du " Puget " (lie Saint- Jean), mais encore so voyant
prises on flagrant dolit, dies ont coupe la lignc Fran9aise par lo milieu ct so sont
sauvdcs. Cettc goolette, qui (5tait tranquillcment au mouillago de I'llc Saint-Joan Ic
Dimanche, 15 Juin, a parfaitcmcnt 6t6 reconnue ; malhcurcusement, olio no portait
visiblenicnt aucun nom.

Jo n'ai h coup sAr pas bcsoin do vous fairo rcniarqucr, ]\Ionsicur lo Commandant,
combicn la presence do ccs casiors u homard prt's dos plages on lo capclan vient atterrir
et la conduitc de ces go61cttos sont pri'judiciables a la pocbc de nos nationaux, ct
contraircs aux clauses dos Traitcs.

L'annde dornii^ro, la canonniero Anglaisc lo "Lily" avait dejtl 6t6 obligde
d'(51oignor des goolettes dc I'llc Saint-Joan, et je vous dcmandcrai, Monsieur lo Com-
mandant, do vouloir bien prendre les mcsuros neccssaires pour quo, conformoment
aux clauses dcs Traitcs, nos nationaux no soicnt pas genes dans lour poclic.

J'ai rc(;u on outre unc troisicmo plaintc du Capitainc Landgren, do I'Anso a John
Marh (.Tolui Meagher's Cove), dont les pccbeurs dc Shearer cnvabissent les fonds do
peclio dc la Baic des Castors.

Sir Baldwin Walker reconnut avec moi quo la lignc do delimitation adoptee sur ce
point I'anndc derni5rc pour soparcr les pcclieurs de homard dcs deux pays dcvait
encore sorvir dc lignc dc demarcation cettc annoc, ct jo vous dcmanderai, Monsieur le
Commandant, do vouloir bieu rappeler Mr. Shearer a I'observation des ordrcs qu'il a
certainement dA reccvoir de la Division Navale Anglaise.

llecevez, &c.
(Signd) A. MARfiCHAL.

(Translation.)

Cruiser " Le La Pe'rouse," Port-au-Choix,
M. le Commandant, June 24, 1890.

I HAVE the honour to inform you that I have received to-day simultaneous
complaints from the captains of Portau-Clioix and St. John's Island, against the British
schooners coming to Gargamelle Bay and St. John's Island to interfere with their fishing
operations.

To the inconvenience caused by British traps strewn over the coast in these
various places, and also in the neighbourhood of 'i'rapper's Bay, localities which arc
frequented by our fishermen every year, at least during the capclin season, there must
now be added the illegal competition of British schooners, which at this sccison habitually
come to this neighbourhood under the pretext of seeking shelter, but in reality in order
to fish for cod and its bait, to the great detriment of our countrymen.

The illegality of the acts of these boats is, therefore, threefold : they fish on a coast

which is reserved for our use, they clean their cod on the fishing-ground, and they carry
no name.

On the 17th June, the doreys of one of these schooners not only hauled nil the
cod-trawls of Captain Mary of the "Puget" (St. John's Island), hut also, seeing them-
selves caught in Jlagmnte delicto, cut the French line and cacaped. This schooner,
which was lying quietly at the anchorage of St. John's Island, on Sunday, the 16th June,
was clearly recognized ; unfortunately, she bore no visible name.

I certainly have no need to point out to you, Sir, how the presence ot these lobster-
traps near the beaches where the capelin shoal, and the conduct of these schooners, arc
prejudicial to the fishing of our countrymen, and contrary to the clauses of the
Treaties.

Last year, already, the British gun-boat *' Lily " was obliged to remove these
schooners from St. John's Island, and 1 beg to request that you will take the necessary
steps in order that, conformably to the clauses of the Treaties, our countrymen may not
be interfered with in their fishing.

I have received, besides, a third complaint from Captain Langren, of John Mark's
Bay (John Menghcr's Cove) that Shearer's fishermen encroach on the fishing-grounds of
the Bay of Castors. Sir Baldwin Walker agreed with me that the boundary adopted
in I his locality last year, for the separation of the lobster fishers of the two nations,
should stili serve as a lino of demarcation thig year, and I must request you. Sir, to be
good enough to call Mr. Shearer's attention to the orders which he must certainly have

received from the British Naval Division.

Receive, &c.
(Signed) A. MARfiCHAL.

Inclosure 2 in No. 19.

Commander Riddel to Captain Mar^chal.

Sir, "Pelican" at Port Saunders, June 2G, 1890.

I HAVE the honour to acknowledge the receipt of your communication, dated
the 24th instant, in which you inform me that the presence of British vessels in
GargamcUe Cove and St. John's Island is impeding the fishing of the subjects of your
nation.

2. Also that the crew of a British schooner lying at anchor at St. John's Island had
been interfering with and damaging the fishing gear of the " Puget." I regret it has
not been possible for you to furnish me with tlie name of this schooner.

3. Be assured, Sir, that I will take all steps necessary to prevent the fishing industry
of French subjects being impeded or interfered with, and that I will direct the British
vessels to discontinue fishing in the vicinity of St. John's Island. I have already ordered
those frequenting Gargamelle Cove to put to sea.

4. As regards tlie complaint against Mr. Shearer's fishermen at John Mark's Cove,
I beg to inform you I will investigate tlie matter and, should I find that the complaint is
substantiated, I will take such action as to prevent a recurrence.

I have, &c.
(Signed) D. M. N. RIDDEL.

h on a coast

Inclosure 3 in No. 19.

Captain Beloz to Commander Riddel.
(Translation.)

IJf the absence of the French " Stationnaire," I come in the name of all the
French captains fishing in Port-au-Choix, to beg you to expel the schooners which
persist in remaining at anchor in Gargamelle Cove. They do not satisfy themselves by
fishing for capelin and cod, to which tliey have no right, but they impede our fishermen
by anchoring amongst their lines, and in defying them.

In consequence, wc bog you, Sir, (o be good enough to put an end to their hindrance,
which does injury to our crjws.

Receive, Ike.

(For the Captain, Port-au-Choix),

The Captain Pruil'homme of the Harbour,

(Signed) E. BELOZ.

No. 20.

Liculoinnl-Cnmniaiider Grai/ to Ciipt tin Sir li. Wnlkev. — {Rereiinl of Iho Foreitfii O/ficf,

Aiif/usl S.) ■ . ■

Sir, " hhnrn )■()," nl Tir!llin(jatp, Jiih/ 12, 1800.

I HAVl'j tlic honour to roporl my fiirtlicr proceedings since the 27th .(iino.

2. Tlic Caiitnin of the " fmlre," having;- nientidncd to me wlicn nt Croe that I;o liad
experienced pjre.nt dillicnlty in idenlifyiiifj severn! vessels lie had met on tlie coast at'ler
passing Cape St. John, I decided to ";<> to Mine's Bight, where I liad mysilr' observed
Hcverni, and investigate.

3. On arrival, f tound most of them had left for Labrador, hut the lo-ton schooner
" Aggie," the smallest of those I had seen on the 21tli, was at the same anchorage, a
little harbour formed by the small island just inside Grappling Point, anil from her
master 1 took the inclosed Statement. In spite oi this vessel only having her name on
each tall'rail, and not on her stern, 1 considered the action of a foreign manof-war in
demanding a vessel's papers in llritish waters so (luestionable, that [ deemed it ndvisablo
to comnuinicate with you, in order that, when I met tiic " Indrc " at (Joull'rc on the oth,
I could take whatever steps you thought necessary, and T therefore proceeded to Tilt
Cove, the nearest telegraph station.

4. On the 5th July, with the Captain of the " Indre," I selected two suitable places,
cither of which, subject to your approval, liracn'.s house, at Canary IIai*l)oin', could be
moved to.

6. In conversation with Captain ^Marquis, ho explained that several of the inhabitants
along the coast hud complained of the Ijabrador schooners for fishing with cod-traps,
and throwing olfal, Sic, overboard, which baited the ground and so spoilt tiieir fishing.
(No doubt this ctmiplaint is true, but it lias never been mailc to me.) Therefore, in
warning them against this, he had wished to identify the vessels, but hardly any had
colours, and many had no i)apcrs. When I pointed out they all had tiieir name some-
where, and there was hardly any question as to their nationality, lie said they migiit be
American. I told liini that I hoped taking their names, and informing me, would ])rovo
sufficient in future, as in British territorial waters the examination ot papers should be
left to Her Majesty's ships of war. I also informed him of my intended movements,
with approximate dates, so that, should he have any complaints or other cases of a similar
nature, he could let me know immediately.

6. Owing to a rumour reaching me about some burning at La Scie, I made further
inquiries there, and the Magistrate stated that two summers ago a small French hut,
partially built of boughs, Mas set on fire by a careless sailor of a banker. The
Magistrate called the natives to his assistance, but they could save nothing, as it was like
tinder, and though he offered a large reward lie could not find out the sailor who did it.
He showed me a copy of an extraordinary Gazette, dated at St. John's the llith June,
to prove that cod-traps were allowed. I called his attention to the last Rule, and
requested him to make it known, but it is not to be surprised if the fishermen are
puzzled when they receive contradictory information from responsible authorities.

7. At Sop's Arm I found 2j-inch mesh nets across every mouth of the river. I took
them up, and have retained possession of them pending your decision, as [ find; by
former Fishery Keports, the owner, C. Pittman, ia an old offender, and has been
repeatedly warned.

8. At Fleur-de-Lis there is only one French room standing, and that was last
occupied about ten years ago. The natives have built on the sites of the other rooms ;
in most cases, many years ago, aud they all understand that should the French wish to
reoccupy those positions they must vacate them.

9. Neither Captain Lcgranvillais, of Cioc, nor Captain Very, of Rouge, are on the
coast this year. I have made inquiries concerning the loss of a net by the latter last
season, but could obtain no further information, and Captain Marquis, of the " Indrc,"
considered the whole matter quite finished.

10. The "Indre " was going to Rouge or Croc from GoufTre, to remain until about
the 16th, when, being relieved by the " Bisson," she will proceed to the west coast vii\,
the Straits of Belleisle.

I have, &c.
(Signed) SCOTT W. A. H. GRAY.

2^^^^3^E|2||^E^I2

riistrict

to wit.

liicloHurc in No. 20.
Deposition.

'I'llK statement of KHnu NoMes, masfor of tlio fi>liinf;-Hcli(Kinor " Aj>:nic," of
Jsil)l)Ci's Hiubour, !.■> tons, taken upon ontli, and «iio Huitli tliat tiio name of tlio vtsscl
was not on tlio stern, ncitlier was the ])ort of registry, when lie ohtnined CiistoniH
clearance Irom Tilt Cove on the <ith Jane last.

On tlie 22n(l instant a boat from the French man-of-war canie alongside his vessel,
nslicd wlio the captain was, to which I replied that I was; he asked mo to show my
paperfl. they were examined and returned to me.

He also saw the hoal mentioned above go alongside other vessels in the anchorage.

(Signed; ESAU ^'0BL1-:S, his x mark.

Sworn before mc nt ]\Iing's Right, tliis aoth day of June, 1890.
(Signed) S. W. A. H. Gkav,

Lieutenant, R.N., and J, P.

No. 21.

Admiralty to Foreiijn Office. — {Received September 6.)

Sir, Admirallji, September 2, 1890.

I AM commanded by my Lords Commissioners of the Adniinilly to forward herewith,
for the information of the Secretary of State for Foreign Affairs, reports of proceedings
i.T connection with the Newfoundland lishcries.

I am, &c,
(Signerl) R. D. AWDllY.

Inclosure 1 in No. 21.

Commander Riddel to Captain Sir B. Walker,

Sir, " Pelican," at Birctiii Cove, .)uh/ 11, 1890.

I HAA'^E ihc honour to report that in pursuance of your telegram of the 1 Itli instant,
dirccti.ii; nic to proceed in the execution of jirevious orders, and to visit Port-a-Port
with a view to ascertaining the truth about certiiin alleged acts of the French ugiiinst,
British subjects and property, I beg to inform you tbfit 1 left St. George's at 4".'iO a.m. on
the 12th instant in Her Majesty's sliip " Pelican " under my command and proceeded to
Red Island; there I landed in order to gather information relative to the fishery establish-
ment at that ])laec.

2. There arc 115 Frenchmen stationed here this season, 84 of whom fish, and the
remainder cure and salt the tish. The Prud'homme, M. Kugene Pourrier, informed me
that the cod arc very plentiful, but that the catch had not been good owing to the scarcity
of bait; 1,500 quintals of cod had been taken. The catcii is sold to a St. Pierre firm,
B^chaillon et Cie. There are forty-two boats and two schooners of about 60 Ions each
belonging to the island. Two guardians remain on the island during the winter. There
were no complaints against British fishermen or vessels.

3. Leaving Red Island I went to Three Rock Cove, where Halliburton's lobster
factory was visited. The season had been a fairly good one, 300 cases of lobster having
been packed and 80 quintals of cod cured.

1. Proceeding to Sandbank Cove I found a French factory owned by a M. Paul
Tageon. There were four men in this factory and four fishermen ; 120 cases had been
packed, 350 traps having been used.

5. On leaving Sandbank Cove I steamed to Beach Point, Port-a-Port, and found
that the factory there was not working owing to a scarcity of lobsters, though Cairns, of
Broad Cove, had ,^00 traps out. No French bud been fishing there during the present
season.

G. Anchored at 8" 15 i>.5i. in Head Harbour, and on the following forenoon communi-
cated with the factory at Fox Island River on the subject of alleged outrages on the part
of French fishermen.

7. At Fox Island Kivor tliu niiihti'i' of a Froncli Hcliooiicr, a sliort time ago, took u
capelnii ni.t, tins propt-ity of a Hritish subject ; this net was, however, uftcrwards returned
to him. I can hear iiothiiiK of nets having heen »«ei/.ed hy Connnodore Marechal, or by
niiy of liis ollicers, and consider the rumour to be unfounded. I received a statement from
one of the Cairns men to tiie ellect that bawls l)elonj;ing to ('airn» of IJroad Cove liad
been cut by the I'Veiich, and tliot tlie case bad been n ported to you.

H. Leaving Head Harbour under .sail at T) v.m. on the I'Mh instant, I proceeded to
Birchy Cove, May of Islands, using steam, at I o'clock arriving off Hirchy Cove at fi a.m.
this mornin<;.

9. I purpose remaining here until Wednesday next when the " Volunteer" will
arrive on her downward voyage, for the purpose of embarking the sergeant and two
privates Hoyal Marine Light Infantry received on board from Fishels, and after leaving
Birchy Cove, I intend visiting Lark Harbour and Hoimc Day, arriving at the latter place
on Friday the I8tli.

1 llQVC &C

(Signed) ' D. M. RIDDEL.

Inclosure 2 in No. 21.

Commander Riddel to Captain Sir H. Walker,

Sir, " Pelican," at Port Saundem, July 29, 1800.

IN continuation of my letter of proceedings of the 14(li .July, I have the honour
to report that I left Birchy Cove, Bay of Islands, in Her Majesty's ship "Pelican,"
under my comirand, on the forenoon of the Ifith of the same month, and visited Wood
Island and Crabb I'oint, at each of which [)lnces I found the lobster factories at work, that
at Crabb Point having done very well, 500 cases having been packed up to date. Beached
Lark Harbour in the evening, and anchored there. (Jeorge Slieppaiji's factory was
workinff, and that of A. Sheppard and ./. Hooper, which was in course of erection at the
coiimiencemcnt of the season, had just begun to work, 8 iu\n(is bein^ employed in it. On
the 17th 1 coninuinicated, by foot, with Little Harbour, and ascertained that there was but
one tnan theie ; be was in charge of the French boats and gear. For the past three years
the French have not visited this place, but the caretaker stated that he had been inl'onned
that they intend reoecupying the harbou" next season.

2. Leaving Lark Harbour at 10'45 .\..m. on the 18th, Bonne May was reached at .'i'45,
and the ship was anchored at 6".'J0 r.M. in Neddy Harbour. On the 21st July I received
your telegram informing me that you purposed arriving at Port Saunders on the 2Bth.
Bonne Bay was left on the evening of the 21st, and throughout the night pa.-isagc to Port
Saunders was made under sail, the latter place being reached at O'SO a.m. on the following
day. The French cruizer "Indre" was at anchor in the port; and the dispatch-boat
" Erin " was absent, Lieutenant Weigall having proceeded to visit Bartlett'a Harbour, and
other places to the northward.

3. Left Port Saunders at 530 a.m. on the 24th .July, and reached Port-au-Choix at
8 A.M., where the ship was moored. The reports of the fishing at this place are more
favourable than those of last season, 5,000 quintals of cod having been already cured.
Proceeding to sea at 'J-30 a.m. on the 26th July, visited Dog Island and Old FerroUc,
anchoring at the latter place at (jMO r.M. Foggy weather was ex[)ericnced during the day
rendering navigation difficult. A strong gale sprung up on the morning of the 27th and
continued throughout the day and night, gradually subsiding on the 28lb. Weighed anchor
and put to sea at 9 a.m. this day, and arrived at Port Saunders at 6'40 p.m.

I have, &c.
(Signed) D. M. RIDDEL.

No. 22.

The Marquis of Salisbury to the Earl of Lytlon.

My Lord, Foreign Office, September 24, 1890,

IN your I'^xcellency's despatch of the 5th June last you reported that .\L Ribot
had expressed to you in conversation iiis contidenco in the possibility of arriving at a
iinal settlement of the Newfoundland Fishery question on terms satisfactory to England
and France. His Excellency observed, however, that France could not take the

.13

A. RIDDEL.

tnitii\tivi' ill iii;il<iii'i proposal t for miioIi ncttliMiuMil, nop exited IFcr .Mlj•^fv'i ni)VTPiiiii;'nt
l(» do so until aCti'i' consultalioii witli the Kcpii'st'iit.ilivi'H oC Ni'wfoiiiidl.iiiil wlio wcro
fxpc'ftcd in this loiintrv.

Since ihi" diitc of your dcapntch Sir W . Whiliwiy, the I'liinc Miiii>t«!r of NvWloiiiid-
huid, iiiid dlhcr l)il(\i,';itt's from (lie ('oh)iiy, have arjivcd in Kna;lan'l. 'I'luv Iwive liad
re|)eatcd eDnd'reiices with the Secretiirv iit Stiilc lor llic ('.i|iiiiic."», mid Wcv MiicHty'H
(Joveriiiiiciit have received (roin tiieni full inroriiiiition as to the wi-ins and iVehng of the
{)^[itii .tioii in regard to tiiis (piestion, which is of vital iiiiporlatice to the Colony. I nin,
coiiseqiirntly, iiow cnahled tn give you instructions lur eiiterinjf upon the siiiiji" t vvitli tlu;
Kfiieh Minisler for Foreign Aflairs at the rfirlii'r.t coiiviiiiont (ippoitniiity.

The (|ii('stii'n, ax yon are aware, is one of meat conipL'xity, ami Uw^ hcen deliatcd
Ictwcen the two (invernmcnts fir many years wiiliont iiiiy solutian liavin,' liceii
arrived iit.

'ri:e main puii'ts now in controversy between the two countries, ns to tlie nicaniiii; of
the interniition.il en;;ageni( iits wiiicli si cure to the French ri;j;!its of li-iicy on a portion
«f the sliore of NewCoundland, appear to he the followiii'j; : —

1, W li'.tlur (iieat Hritain, in virtiu- of her suvereijiity over N\n\fi)nndlanil, possesses
on ihat part of the coast rij,'lits of fisliery coneunent witii tiiose of France and C(pial to
tlvni ; or only iii;hti'. wliicli nuist l»c so exercised as not to dislmb tiic fishery of France;
or no liiihls of tislicry at all.

'.'. WlictluT (ireat iJritain, hy j^ranlini; to Franco the rtu;ht of dryintj fish and cnltinn
wood alony; tiiis part of the shore, and hy pro ijs'iii; tiio removal of "etahlissements
sedentaires," has eni,'a!;cd to prohiliit iicr snhjects from orectiui; any kind of hniidiii;; on
tiiat pait of the ^hore, or only tiiosc huihlinj^s which are concerned with the li^hery ;
and, if so, whether lobster factories are included in the prohibition.

9. To what depth inland do the prohibitions against buildini; on the part of
British subjects, whatever they may be, extend ?

4. l)i) tlie words " perniis de pi^clur et de scclier le poisson " apply to all Kinds of
animals found in tlie sea ; if not, to which Kinds is the ap|ilieation limited i

.'■. Do the Treaties, by prohibitiiii; French subjects from any construction on tlu' shore
beyond "echalands ct cabancs necessaircs ct nsites pour seelier le poisson," prohibit
them from ereetim; reniovablo lobster factories'/

There arc, in addition to these, ollur (pustions of a less imporlant character which
probalily woidd not ,i;ive much trouble if these primary (piestions were settled.

The tcni|),!iary aiTanj;enient which was a;;ici(l upon between the two (Jovernmonts
for the rcftulation ol this last (jutstion durini; the present fishini; season appears to have
•worked satisfactorily upon the whole. Iler Majesty's Cjovcinmcnt gladly ackuowledjro that
ibis icsult has been lariicly due to the coiuiiiatory instructions issued to the I'Vench
Naval Commander, and to the friendly and considerate manner in whieii hu has acted
'iipon them.

]Jut the airan/cinont, as you arc aware, has been nio«t nnfavonrably rcpiai'ded in tlu
Colony, where it lais f,Mven risr" to tmicli nf^itatioii and exciteiiienr, and the liritisli Naval
Commander Iw > met with considerable iipposition in carrrvinj; it into elfect, and bis
acli(m has been made the subject of !ef,Ml proceeding's in the Colonv.

It is scarcely, therefore, to be hoped that this modus livmdi, which was, in fact,
merely a temporary compromise |)endin^ afempts for a more pernnneiit solution, could ,'je
indefinitely prolonged with advaiitaije and convenience.

All the [lointH of diflbrciice whicli 1 have enumerated above have been argued at irreat
lcn,!ifb, without cither paity having succeecUd in producin;,' conviefion on iho put of
the other. Aihiliation appears imw to be llie oidy method to which resort can be had, if
a phrn i;iid aulhoiitative delinition is le^piiivd of' the extent and nature of the rights
been red to France by the Treaties ; and with respect at least to some of these we havo
received the assurance that the Freiuh Governnicnt is not unwilling to have recourse to
•this method of adjustment.

J?ut Her Abijcsty's Government find, from the l.ingua-e of Sir William Whitcwav and
tithcr JJcprescntativcs of the Colony, that tho wishes of the colonists are centred on the
attainment of s;;p-.e arrangement for the termination of French ri-hts upon their coast, and
tiiat thry do net consider that arbitration, unless, iiuiecd, it should form an accessory part
of such an nnangement, would furnish sncli a solution as they deshc

J iiey jioint out that even if the (loci

not take the

cf rights to French fisherman was not incompatible with the circumstances of the'Vime

when it was iniulo, when tlic coast in <itu'stion was almost iminlinljitcd, and wlicii bntii tlic
rontracting Pailies looked upon Newfoundland mainly as a (i^lli^l> {ground for their
respective seamen, it, is not an arrani;enieiit wliieli (;an lie enlorecd witliont i;reat incon-
venience :ind snlferin"; on a growinj:; Colony, witii tlie icgular ori;ani/.ation and institutions
of |)iesent civil life. As the ptipidation on the coast incn-a^ics, the evil is naturally
intensilii'd, and threatens to lead to most serious eonsccinences unless some complete! remedy
is applied. The method of fishery has materially altered since; the Treaties were concluded,
and owini; to this change, to improved means of communication, and to the development
of the Islands of St. I'leric and .\li(|n('lon as a hase for tiie l'"rcncli fishing operatioiw, the
use of the shore has ceased to he of !j;reat advantage tc Kraiice, and (iie convenience to the
Krenoh tishinj.; industry is now extremely small in proportion to the injury which the
Colony suHi'is from the restiictions imposed on the iniiahitants. In proof of this, it is
stated tint out of some SOU Fieneh vessels with crews of over 9,000 men employed in the
(ishcry, almost the whole resort to the hanks, and that not more than sixt.'cn, or, accordmjj;
to some accounts, only seven oi' eii;lit vessels ])ursne the fishery on the coast of Newfound-
land; the capital invested in this portion of the French fishery imwj; estimated at less than
40,000/. 'I'he private interests actually involved are not therefore very important, even
if the V due of the six or seven Fri;nch lohster factories erected on the shore, the lej^nlity
of which ![er Majesty's (iovernment have always contested, were added to this amount.

In exchanj;e for the withdrawal of the French riii;lits on the coast, the Colony is
willini,' to offer fidl facilities lor the purchase of hait, which is stilted !)y French no less
fli.in hy l')ritisli authorities to he a matter of prime necessity, and is certainly of the
greatest convenience to the French fishint,' hoats in enai)linij: them to ^;>.t early to the
hanks. Or, if |nef'erred, the colonists would he prepared to make a leasonahle money
payment in consideration of the value of the I'dvaiitaf^es surrendered, ani fm- compensation
of the interests affected.

The lli'presentatives of the Colony are convinced that an arrangement of this character
would he highly profitahle to France, and are anxious that no time sliould he lost in
su' 'nitling it to the consideration of the French Covcrnment.

1 re(piest that your Excellency will give a copy of this despatch to M. Rihot, and in
doing so will assure; him that it would lie a inatter ol cordial satisfaction to Her Maje>,ty's
(jovernment it your overtures met with a fuvonrahle response. The (piestion in its jiresent
condition is a source of constant anxiety to the two (Jovernments, and there is little
ground l<)r hoping that, as time goes on, this state of affairs will iniprove. Indeed, from
the reasons which I have given ahove, tlie ditlicultics with which the matter is sur-
rounded tend ratlier to aggravate than diminish. ICven if the Treaties could he relieved
from the ohscuiity of language which threatens to create so much perilous elispute
l)etwecn the two nations, tin; continued existence thereunder of any foreign rights must in
any case; remain hnrdensome to the colonists in a degree wholly out of proportioa to the
henefils wliich they secure to France. Ilcr Majesty's (iovernment aie anxious scupu-
ionsly to fulfil their 'IVeaty ohiigations towards France, but the necessit.y of ciifiircing them
to the detiiment of the ('olony cannot he otherwise than uiiwelcome to them, as they
believe it must be to the French (iovernment. it would he greatly to the advantage of
both oui.tiies if any rcasonal)le arrangement could be arrived at. for replacing existing
engagements by others which would not be ojien to the saiiie objections.

J am, ifce.
(Signed) S.\LISMIJIIV.

No. 23.

The Kiirl of l.ytlon to the Martiuh of Salishuri). — {Ucinvid Orlnher 1.)

My Lord, Ptnh, Sfiilniihrr 'JC>, 1890.

YOUR Lordship's despatch of the 24th ir.staiit, containinji; proposals for a settle-
ment of the (piestions in dispute between the French and Knglish (ioverninent.s
respecting the Newfoundland fisheries, reached me yesterday nioriiing;, and in the
afternoon of the same day I handed a cojiy of it to M. Kibot.

Ik'fore doing so I explained to his Kxcell • icy the nature of its alternative
proposals, and laid stress on the imjiortance attached by ller Majesty's Cioveriiinent to
the acceptance of one or other of them with a view to the termination, at the earliest
possible date, of a situation fraught with inconvenience and confusion to all the
interests affected by it, botli French and Enjrlish. I also dwelt on the dilliculty ot
atlcnipting to postpone a permanent settlement of these qncstions by any indefinite

prolongation of tlio i)i(»vi«ional aiian^'onient wliicli 1ms jtrovokod so nnuli a<:;italioii and
oxritoiiicnt in (he Colony, or of sockiii''' such a scttli-nuMit in any olinr iiiianyonu'nts
wliidi t'aili'il to I'loo the industry and resources of a self-iioverninj;' Colony from the
inconvenience and sulleriiij;' involved in the enforcement of rij^hts exercised hy a foreign
Power upon its coasts.

I rej^rcl, however, to inform 3-our liordshij) that, nolwithstandiiif^' my earnest
representations in tiie ahove sense, to which M. Ivihot listened «itii attention, his
Hxcelloncy, alter lookiii>;' tliroujj;li the despatch which 1 tlien placed in his haniN, at once
expressed his opinion that lU'ithcr of its two proposals conhl he rcnank'd as acccptahle.

On my askin;;- him wheliier 1 was to consider this as a rejection of tiie proposals I
had l>ei'n instructed to urije upon his most serious consideration in view of all the
circunislatices fully set forth in your Lordship's despatch, his i'ACi'llenc} said that, of
course, he conld i;ive no sort of answer oli'-hantl to such a con.nnmication. Mi- had
hardy glanced tliroiigli its contents, and could only indicate the general imp'cssion they
had made on him. Mul it woidd receive a delinite reply after it had hcen siihmilled to
his colleagues and carefully considered hy the Cahinit.

He intinnited, howover, that he looked for a permani'nt settlement of the Newfoimd-
land I'^ishery (jnestion hy means ol arhitration nndei conditions less restricted than those
which ai)pcared to he placed on it hy the terms of your Lordship's despatch.

1 then pressed for a delinite reply to the despatch at (he earliest possihle date.

M. Hihot said there wotdd he no imdue delay ahout it, hut, as there would he no
meeting of (lie Cahinel next week, and he was much out oi' health, he was ahout to go
to (li(! country to-morrow for a week's rest, and 1 must not expect any commimication
from him on the std)ject till after his return.

I have, 8ie.
(Signe.l) LVTTON.

No. 2A.

The Karl of Li/llon lo lite i\fitrijiiis of Siilinlnirii. — (licceircd October (i.)

My Lord, Paris, Orlolirr ',, lSt)().

I IL'WI'i the honour to transmit to your Lordshi|) copy of a note in which the
Minister for Forciiin Allairs informs me that he has sul)mitted tiic text of your Lordship's
proposals for the settlemi'iit id" the Newfonmliand I'islui'y dispute to Ihi! imme<liate con-
sidiration of the Minister of Marine, and promises a very caily statement of the views
ol the Krencli Uovermnent on the subject.

I liave, &c.
(Signed) LVI'I'ON.

Inclosnre in No. 24.

LlSinJllY.

M. Ulbol lo lite Karl of Li/llon.

-M. r.\ud)assadeur, l*aris, Ir 2 Orlohrc, 1801).

\ O'I'KI'v i^xccllciice a hien vouhi me donncr cominnnicalion <l'unc dcpcelie (pii liii a
etc adre.ssee le *J4 du mois dernier par Lord Salisbury an snjet des (liliieidtes auxipiellcs
(lomu! lieu rexeicice de la pftche a 'rerre-Neuvc.

.'e m'empivsse de f.drc eonnallrc a voire l'',\ccllence (jiic j'ai transmis le tcxte de ee
(loi'imient a ,M. le .Ministrc; de la Miuine, en Ic priant de vouloii' bini i't-xaminer, sans le
moindre retard, a\e(,' toule I'altcntion ipie son importance comporlc. .J'anrais tri^s
procliainemenl, I'lionneur d'inft)rn>er votrc K\cellci\ce d.'S vucs du (Juuverncmeut do la
Ueiud]|i(iiu' tuuehant Ics suggestions (|ui y sont formulces.

.Agree/, &i-.
(Sigiie) UIHOT.

( Translalion.)
.M. I'AmSasMuh iir, Paris, Orlolirr '2, 1S!I0.

YOl'K L\iellcney was itood enonuh to conimnnicatc lo me a despalcli av!(lresscd to
yon hy Lord Salisbury on the 2 till ultimo with regar<l lo the ihliicultics arising out of the
pruseculiou of the lishcrics at, Kewloundland.

I hasten lo iid'orm your Kxccllcney tiial I hav(! trausmitteil the text of this dotinment
to tie Minister of Marine, with the rcijuest thai he would be good enough to examine it
I SI] K2

ill?

^ 3G

williout the least delfty, and to give it all the attention which its importance demands. I
sluill very shortly have the honour to inform your Excellency of the views of the Govcrn-
nicnt of the Rcpuhlic respecting the suggestions set forth tlierein.

Accept, iKc.
(Signed) IIIBOT.

No. 25.
The Earl of Lytton to tlir Miirqiiin of Salisbury. — (Jleceiced October 31.)

My Lord, Parh, October W, 1890.

M. ItlHOT yesterday i)laccil ii\ my hands the reply of the Fronch Government lo
the proposals eontainod in vonr Lordshijt's despatch of the 24fh Soptendier last, Hhich
r communicated to his Excellency on the following da}', as reported in my despatch ot
the 2()tli SeplcmlK'r, for a final settlement of all questions relating to British and French
fishery rights in Newfoundland.

fu tills document, of which I have the honour to inclose a copy. M. Hibot states that
the Government of the l{<'])ublic is unahle to entertain the ])roposaIs urged on its
acceptance in your Lordship's aho.'c-nientioned des])atch, hut tliat it is (|uite willing to
come to some agreement with the Government of Her Majesty for a final settlement of
these lishery questions, on tlio basis either of arbitration or of arrangements analogous
in principle to those of the proposed Treaty of 1885.

I have, &c.
(Signed) LYTTON.

Jnclosure in No. '2o.
M. li'ibot to the Earl of Lytton.

M. rAmb:issadeur, Paris, le 21) Octobrc, ItsjIO

A'GTRI'' l''.\cellonce a bien voulu me comniuni(iuer une depeche do Lord f^alisbury
du 24 Septend)ro dernier, aytint pour objet de saisir le Gouveruement di} la I'rpuhlique
do ])ropositi()ns fendant a arrivor a nn reglement dcHnitil' de la (jucstion des pcclicrics de
Terrc-Neuvo.

Ainsi (jne lo remaniuo su Scigneurie, la question est complexe et debattuc eiitie les
deux Gouvorncmenfs dejjuis de longuos annecs et sans (pie Je croie devoir repn-ndre ici
les jioints enunu'rt's dans la depeclie de Tiord Salisbury comnie pouvant se trouver en
discussion, il est crlain (pie le dcsir des deux Goiivernements a toujours ete d'eviter
line les di\eigonces existant dans leur inani(M'e de voir respective degi'iierassent en difti-
cultes j)lris giaves.

Ces sentiments de conciliatio;! se sont, a diverscs reprises, manifestc's ])nr des actes;
sans remnnter bien loin lians le passe, c'est ainsi (pi'di 188.'i, le Gouveruement de la
l?cpubli(iue et celui de Sa Miij('st('' out pu Jeter les bases d'uiK.' entente ('galement
honorable et satislaisanle jiour les int(!'r("'ts des deux parties; c'est ainsi (jue, I'annee
dcrni('^ie, les deux (Jouvemen.ents sont tombc's d'ai-cord j)our determiner les conditions
d'un Hindus iivchdi, dont la mise en jiratique, ainsi (pie le constate sa Seigneiirie, a
doniie, dans rensemble, des n'sultats satisfaisants. C'est ain-i encore (pie les instructions
remises ibiupie aniu'e anx Coiiimaiulants des de.ix croisieres et la faron donl eiles sont
comprises vi a]ipli(pKOs cut tiniionrs I'caitr les apprehensions <pie I'exeitation des inter("ls
particuliers aniait pu faire naitre.

Lord Salisbury \eut bien rap})eler dans sa depeche que les deux Gouvernemeiits,
poursiiivant cette auivre d'apaisiinent, avaient envisage' avec une miituelle confiance,
I'evenlualite d'un recours i\ rinter\ention dun Arbitre. Alirs le I'lviiiier .Mini^;tl•e, lout
en reronniiissiint les a\antag(s de cette solution, nmis fait savoir par la note I'l laquelle
j'ai llioniuur dc npondre (ju'elle ne parait jias devoir efrc en conformit(; avec les senti-
ments expiim(!'s par Sir W. Wiiiteway et par les IJelegues dt; Terre-Neuve, et il ajoutc
(|ue pnur donner satisfaction aux vtrux dc lii Colonic, la Franco devrait conseniir a
I'abandon des droits (pii lui k nt reconnus par les Traites ; en (.'change la Colonic serait
dispostJe il oli'rir soit (Jes facilites pour I'achat de la hoette, soit une somnic raisonnabic
en rnjiiiort uvec la valeur des avnntagcs abandonnt's ct en conipciisation des interets
atleints.

dciiinnds. I
the Govern-

RIIJOT.

(• so, 1?90.
ovcninient fo
cr last, wliicli
(k'spntoli ot
h and Fioncli

ot states tliat
iir<j;o(l ()!i its
lite willinj;' to
scttk'iiiont of
tits analogous

LYTTON.

'oinr, l!^!lO
ord Salisbury
lJc'l)iil)lique
pt'-flicrios de

luc ciitic los

iTprtMidre ici

e tiouvcr eii

s ete d'c'vitor

■<sont en difli-

iir dos actcs;
KMiR'iit dc la

('i;alciiu'nl
(UK', Faniu'c

conditions
>oi^tieiii'ii', a
instructions
i)nl i;llcs sont

1 dcs intc'rots

uvornonKMits,
lo conliancc,

liniilrc, tout
)ti' i'l Inqucllo
vc'C K's scnti-
, ct il ajoutc
consent ir a
'olonio sorait
! raisonnable

dcs inte'rets

Lcs Representants de la Colonic sont convaincus qu'ini arrangement de cctte nature
sera it jiroHtahle ii la France et \U auraient de'sire qu'on ne perdit pas de temps pour Ic
souniettre h Texamon du Gouvcrnement Fran9ais.

Ainsi que j'ai eu I'honneur de le dire, i\ diverses reprises, ii votrc Kxcellence, les
intentions conciliantes du Gouverncment de la Rcpublique no sont nullcnient cliangees.
Contiant dans les sentiments identi(iues qu'il a toujours rencontres aupres des Ministres
de Sa Majeste, il ne doute pas qu'unc solution favorable nc puisse intervonir iiuo fois
encore, ot il est tout dispose a rechcrcher les conditions d'un accord.

Mais il n'hesitc pas h declarer que los propositions qui t'manentdos Reprcsontanis do
la Colonic lui seniblont reposcr sur une appreciation tout a fait inexacte de la n.ituro des
droits et do I'importancc des interets Fran^ais, ainsi que sur une exageratioii manifesto
des maux dont se plaint la Colonic.

Sur CO dernier i)oint, jo me contenterai de fairc observer ^ votre Excellence combion
les plaiiitcs de la Colonic sont pou en rapport avcc los ronseignoments parvenus aux deux
Gouvornoments sur le calme complet avoc loquol la poche s'est acconiplio au couis ties
dernieres campaniles.

En raison de ces diverses considerations et mali^ir lo dt'sir sincere dont lo Gouvernc-
ment Fran^ais est anime d'ccarter des difiicultes toujours regrettablos, il n'a pas cm
devoir adlierer aux propositions qui lui sont faitos d'ecliiinii;or sos droits, soit coiitre
lo paionienl d'unc sonuiie d'argont, soit centre eortainos facilites au sujet do radial do la
boctte,

TiO Gouvcrnement de la Rojiubliquc est, d'ailieurs, tout dispose a examiner les
autrcs conditions d'un accord qui pourriiient lui otro soumises, soit qu'olles so rapptoebent
des bases du projct redigo en 188o, soil qu'ellos visent I'eventualite d'uiio decision
arbitralo, conforme'ment aux premieres vues doji ecliangccs ii co sujet entro les deux
Gouvcrnenients.

Agree/. &c.
(Signo) A. RinOT.

(Translation.)
M. rAinhnssadeur, Paris, October 29, 1890.

YOUR Excellency was good enoui!;b to communicate to mc Lord Salislniry's despateb
of t!ic 21tli Se|)tend)cr last, having as its object to place before the Government of the
Republic proposals with a view to the final settlement of tlie Nowfoundland I'lsliory (piestion.

As his Lordship observes, the (piestiou is complex and has been debated between tlie
two Governments for n any years, and though I do not (eel called upon to taUe up iiere
the points einimeratcd in Lord Salisbury's despatch as being open to discussion, it is
certain that it has always been the desire ol the two Governments to prevent the
ilivcr';ence in their views from resulting in more serious difficulties.

These conciliatory sentiments have, on -arious occasions shown tlieinseives l)y acts.
Thus it was, without going very far back in the past, that the (jovorninent of tlie IJepuhlic
and Her Majesty's Government were able, in 18,->.5, to cstalilisb the bases of an iinder-
slaiidiiig ccpially honourable and satisfactory to the interests of both p irties. Tims, o:ily last
year, both Governments agreed to define the conditions of a modus vivcn^li, the observance
of which, as liis Lordship declares, bus, on the whole, produced satisfnetory results.
Thus, again, it iii that the instructions ar.nualiy given to the Coiiuiianders of t!ip two
criii/.ers, and the manner in wliicli they have been understood and apjilied, have always
obviated the apprehensions wliicli the irritation to private inteivsls niigiit have arouscfl.

In his despatch Lord Salisbury is good enough to recall that, in the pursuit of this work
ol conciliation, both Governments had, in a spirit of mutual coiiHdence, I'onteinpluled the
eventuality of a resort to arbitration. Hut, whilst rccogiiizini; tlie advantages of tins mode of
settlement, the Prime Minister informs us. in the note to wliieii I have the honour to re|)ly.
that it does not ajipear that this solution would be in conformity with the wishes expressed
by Sir \V. W'iiiteway and by the Newfounilland Delegates; and he adds tlia*, in order to s itisly
the wishes of the Colony, France should consent to surrender the riLi;lrs secured to ju-r hy
the Treaties ; while in return, the Coloiiv svould be disposed either to oiler facilities for the
]iurchase of bait, or to make a reasonable money payment proiiortionate to the value ,f
the advantages surrendered, and as comjiensation for the interests atlccted.

The Keprescntatives of the Colony are convinced that an arrangement of this chiir.icter
would bo protitaiile to France, and they are said to have been desirous that no time slioul 1
be lost in submitting it to the consideration ot the French Government.

The conciliatory intentions of the Government ot the Repulilic, iis 1 have on several
occasions had the honour to observe to your Kxcellency, have in no way changed.
I^clying on the corresponding sentiments wliicli they have alwavs encountered on tlie pint

of IJor Miijosty's Miiiistcis, they do not doubt that a favourable scttlcmcut may be ones
more cdbctcd, and arc cjuite pri'pared to iufjuiro into tlic conditions r.t' a possible
agreement.

But tliey do not licsitato to declare tliat tiie proposals emanating from llie llepie-
sentatives of the Colony appear to rest on a wiiolly inaccurate appreciation ot the nature
of the rights and of the importance of the interests ol France, as well as on a inaniiest
exaLineralion of the evils of which tlie t'oloiiy complains.

On this last point, I shall content myself with poiatinii; out to your l].\eelleney how
little the complaints of the Colony are consistent with the information which has reached
the two (iovernmcnt.s as to the complete tranipiillity which has ehiirnctcri/.cd ti:e fishini?
opeiations of recent seasons.

In viv.'w ot these various considerations, and n()t\\itli>timdii!i;' the sincere desire of
the 1 Veneli (Government to [irevcnt ditliculties, always regr.ltaij'.e in themselves, tluv (in
not he! justified in accediny to the proposals niadi.' to tiiem to exchanu,e tl.eu' riulits
eiiii! r for a money payment or (or certain fiicilities with regard to the psiiehase of hail.

Tlie (lovernmcnt of ll:e Hepuhlic are, however, (piite jurpared to eoiisitier snch other
eoiidiliiuis of an ai;reement as may be suhmilted to them, whither iLev appio\i;nate to tlie
iK!S(s (,( the scheme diawn up in ! bSJ, oi' whttlu r thiy contemplate an evmtual lesori
I.) ai liitiatioi), it) conformity with the preliminary opinions already c,\cha;iL'ed on the
huhject between the two (lovernments.

.Accept, &e.
(Si-ned) A. Kir.Or.

No. I'O.

Colonial O^/ice lo Forciijii OJ/i'cr. — (^licrrived Norcinlicr 1 1.)

Sir, Doinilmj Hired, November 10, IhOO.

1 A.M directed by Lord Kniitsronl to transmit to yon, for the information of
the .Manpiis of Salisbury, a copy (d" a despateb uhieh ho has addressed to tlic!
(iovernur of Newfcmndland on the subject of the i)r(ieee(lini;'s uliieh have taken place
viiiinu; to the Xewroundiand l''isheries (juestion duriuir the A'isit to this country of
Mr AVilliam Whiteway and the otiier gentlemen associated with him as Deh^gates from
the ('; ].5!iial (lovernnu'nt.

I am, tVrc.
(Si^'n(«d) .lOlIX HILV.MSTUX.

|Inch)surc in No. 2().
Lord Kiiu/sford to Governor Sir T. O'Brien.

Sir, DoirnuKj Sheet, Xorrinber K), lSi)0.

>.()\V thai .Sir W. Whiteway and .Mr. Harvey are about to return toNe\\round-
laud, il maybe convenient thai I should give you some account of my communications
Avith il;(>m and with the other Delen'.ites who aeeom|)inieil them, for thi' purpose of
n>presenlini;' the views of the Government and Leuislatiu'e of Newfoundland wilh
re,;'ai(l to those ([uesticms connected with the I'rencdi fisheries which have of lat(>
assunu'd increased im[){n'tance.

•J. 1 ha\e had the advantai^c of i"ecei\ in^' at this Oiliee on nmncrous occasions
(he ui'iitlemrn whom ! ha\(' mentioned, and also AFessrs. Mond and I'juerson,
and t!u' fr<N' and prolon!;'od discussions which have iiken place with (hem upm (he
various aspi>',-ts of the risluu'ies (juestion l'.!ive, 1 trust, conduced to a mueii e!(>arer
nuderstaudiiiL,' on both siiles of thi' dilUcnlties which liave lo be deull with, and id' the
cjurse which it may he possible to take in dealinj^with them.

.'i I did not eau.so any detailed record of th»\se intei". iews (o he kept, as our con^
versitions were in a i^roat measure of a confidential nature, and it is of course
onne(('s-;:>ry that J should report to you the stateuu-ufs made to me as to the colonial
urievanees and fe(<lini;s with which you are already wcdl aciinainted, 1 may, however,
slate generally that, in addition to the complaints of unjustifiable interference on the
pirl id' the French with the colonial fishermen, the representations which were mo.st
stroiiuly |)ressed u|)on me rclatiul to the impedinu'nts, amoiuiting practically to a

IJ AMSTON.

iniu'li c'lcairr
til, and (>r tli(>

prohibition, which h.-ivo hitherto i)rocluded the colonists from utilizini» the 'I'rcaty
Shore, and, conscMjnently, the country behind it, for iigricnltural sotth-mcnt or mininf;
('nterprise. Particidar instances AV(>re, moreovcn-, brout^ht under my notice, showing
that the eil'cct of this state of things is not conlined to the Treaty shor(>, ])ut tliat th<!
uncertainty as to the extent of Fr(Mieli riijhts and the appreliension of future I'^eneli
complications jjrevent capitalists at home from investuis money in the developnu-nt ol"
other parts of the island.

4. The I)«>legates conteiuled that it is not possible, by any reasonable interpreta-
tion of the Declaration of 17S3, to hold that Jb-itish settlements are to be cxcliuled
from some hundreds of miles of coast-line, in order tliat at some lew ])laces I'lcncb
lisbermeii may be enabled to erect Mooden stai^es for drying fisii ; and they urged that,
while tlie Treaty sliorc is under tliat Declaration at ])rcsent closed to Uritish subjects,
the I''r(>nch have been allowed to exceed tlie privileges granted by the same Declara-
tion. They pointed out, moreover, that th(> Islands of St. Pierre and MiqucloTi,
Aviiieh Avere ceded "for the purpose of serving as a real shelter for French fisliernuMi,"
and which were Tiot to become "an object oi' jealousy between the two nations," have
been armed, and made a commercial ])ort for tiie collection and transhipment to
fviu'ope of fish, on which, under a system most injurious to the colonial trade, bounties
ar(^ granted from French funds even when it is consumed outside the I'^eneh
dcniinions; and, further, that they have become a base for constant smuggling by
i'rench subjects, while the French Government have refused to admit a Hrilisli
Consular ofiicer to reside there, whose presence would to some extent be a cheek ui»nr
this illicit traffic.

T). It was also repi-esented that while anything in tlio natin-e of a British iixed
establishment is made the subject of protest and complaint by the French (Jov(M'nnient
and its naval officers, French buildings and a permanent French establishment have
been in existence at Le Croc for many vcars : that this establishment contain'^ store
houses, gardens for raising vegetables, and places for keeping cattle ; and that it is
maintained not by any IVencb fishermen, but by the French (rovernmeiit for tlu^ use
of its navy, while by the Treaty the French are bound not to erect any buildings
" besides stages made of boards, and huts necessary and usual for the drvini,' of
fish."

(i. I am not aware that the existence of this establishment has previously been
the subjcot of a special complaint from the Colony, and I have made iiKpiiry from the
Lords (Commissioners of the Admiralty !is to tlio information in that Department
respecting it.

7. Ky my despatch of the 2ltli June, I have already made you awar(> that Her
Majesty's Government are fully alive to the disadvantage under which the people of
Newfoundland labour owing to the existence of the ancient Treaties and engageinciits
relaang to the fisheries, and that they will do their best to give effect to any reasonable
wishes of the colonists in regard to them; but it must be remembered that J [en-
Majesty's Government cannot force upon a friendly Power the renunciation of its
'iVeaty rights, nor compel the acc(>ptancc of an interpretation of those rights which
Her Majesty's Government uphold, but Avhich is at direct variance with the interpre-
tation upheld ty that Power. I also stated that Iler IMajesty's Government feel
confident that, in these circumstances, the people of Ncnvfoundland will recognize the
difficulties which at present surround the Fishery question, and will, on further con-
sideration, perceive that the conclusion of a strictly temporary modus vivendi such as has
been agreed upon, involving, as it does, no surrender of British rights and no admission
of new French claims, was the best course which Avas open to Her Majesty's Government
both to avert possible collisions on the coast of the Colony, and to give time for
negotiating with the Government of France such a solution of the questions at issue
as may result in a permanent, and, it is bope^d, satisfactory, settlement.

8. Tiie Prirpe Minister received Sir William Whiteway and Mr. IJond on the lltb
August, the other Delegates being unfortunately absent owing to the shortness of the
notice caused'by the accidental miscarriage of a letter from myself. A very interesting
and important discussion took place, the details of which you Avill learn from
Sir AVilliam Whiteway. It is sufficient for me to inform you that after full considera-
tion of all that had been brought before him, the Alarquis of Salisbury felt himscdf in
a position to give full instructions to Her ^lajesty's Ambassador at Paris, with a vicnv
to the opening of negotiations for a comprehensive settlement of the whole question of
the French fishery rights, and several communications have already passed betAveeii
Ilcr Majesty's Government and the French Government on the subject of tlu; basis
upon which it might be possible to conclude such a settlement. Having regard,

■' 1 1

Hi-

lif)W('v«>r, to the very hws^o and fonn)licatoil (piostioiis involve;!, it can hardly be
nntic'ii)ntod tliat any imnicdiato conclusion can he arrived .u botweiMi the two Govern-
ments.

J). ][er ^fajcsty's tJoverninent liavini,', as I have shown, heen made fully
aoquainted with the views and desires of the Colony hy Sir AV. AVhileway and his
ei)lleai,'ues, and haviuLf also reeeived inTormation from Sir James Winter and the
i:(Mill(>ni(>n who eain(> over wi<h him, th.e conduct of th(> nej^otiations with the French
(iitvernment must now, as you will readily understand, rest entirely in the hands of
Jfer Majesty's (iovernment.

Sueii iiil'ormation as I may froni time to time he aMe to impirt resjx'ctiui^ these
nerrotiatioiis I shall convey to you without delay, and 1 shall rely upon the readiness
of your ]\Iinist(>rs to assist Her Majesty's (joveriiment by supiilyinji; any sui^gestions or
statements of facts that may from time to tim(> appear to lu; re(|uired, althouj;li while
coiilldential eoinmunications are in ])r(),2:ress, it msiy not be jiossible to eons'dt them
us to the ste])s which should be taken, and as to the method of conduetini^ the neijotia-
tions.

rnless it can be arranged that Her ^Fajesty's Government should again have the
a(lvantai,'(> of tlw ])reseiice in this country of a J)elciifat(> enjoyiui; the conti(lenc<! of
vour advisers, it is essential that all matters of detail should be dealt with bv Jler
.Majesty's (Jovcrnment, who miist be trusted to act in the manner which they believe
to c(nuluce most ctfectually to the interests of the people of \cwfoundland.

10. T must add, in conclusion, a strong expression of my sir.ccn-e hop ? that Iter
]\rajesty's Goveriiment will receive from the entire Colony a cordial and williui^
support, and that all classes and all sections of political opinion in the ishuid will see
the lu'cessity of abstainini^ from any hasty and ill-considered action ai^aiust rrench
olllcers and subjects, and of avoiding atiy a])pfarance of opposition such as recent
oecurreiu'cs give too much reason for fearing has been advocated by some portions of
tlie community both towards the Queen's (Jovernmimt and Jler Majesty's naval
oflicers. Any such attitude can only diminish in a serious degree the i)rospe'jt of
attaiiiiii'' a satisfactory and final s(>ttlement.

I have, &c.
(Signed) KNUTSFORD.

No. 27.
The Marquis o) i-'ilislnirij to Uie Earl of LyUon.

:\ry Lord, Forvhju Office, November 17, 1800.

liV the wish of the Xewfoundland Delegates, I laid before the French (iovern-
ment, through M. AVaddington, to-day the proposal whieh they thought might
possibly meet with the acceptance of that Government.

^ly previous conversaticms with his Excellency had not led me to be so sanguine as
Ihey ajjpeared to be in that respect, and therefore I offered it without comment.

It was to this ctTeet : that in consideration of a good ]?ait ]5ill and a sum of
money to be afterwards agreed upon,tlie Erench Government should abandon all their
siieeial rights on the shores or in the territorial waters of Newfoundland, and should
also discontinue the practice of giving a bounty on fish not consumed in French
territory.

^l. AVaddington replied that he would lay the jiroposal before his Government,
and would conim\inieatc the answer as soon as it arrived"; but that he had little hope
of its being favourable.

1 am, &c.
(Signed) SALISBURY.

No. 28.
Admiralty to Foreign Office. — (Received Xovemher 22.)

Hr,

Admirahij, November 14, I89(.i.
I AM commanded hy the Lords Connnissioncrs of the Admiraity to transmit, for the
^-.erusnl of the Secretary of State for Foreign Affairs, copy of a letter from Captain

Sir Baldwin Walker, of Her Majesty's ship
copies of its inclosures, rep

Emerald," dated tlie 22nd October, with

o'ting on the lobster factories, Newfoundland fisheries.

I am, &c.

(Signed)

EVAN MACGREGOR.

UTSFORD.

LISIU'RY.

Inclosure 1 in No. 28.
Captain Sir B. Walker to Vice'Admiral Watson.

(Extract.) " Emerald," at Halifax, October 22, 1890.

I HAVE the honour to forward the Reports on the lobster factories established
on the portion of the Newfoundland coast subject to Treaty rights.

The present season has been an indifferent one, with few exceptions ; the larsje
quantities of heavy ice on the coast I believe partially caused this ; the weed on the rocky
bottom in which the lobsters are taken during July (in which month the best results are
usually obtained) was this season rubbed quite bare in the shallow water by the masses of
ice ; the catches were consequently small. Another fact confirmatory of the above is, that
September was the most successful month this year ; during this period the traps are moved
out into deeper water.

Another cause is the rapidly decreasing size of the lobsters (a sure sign of exhaustion).
The number required to fill a 1 lb. can has in nearly all instances increased. In the case
of Messrs. Shearer's and Forrest's Brig Bay factory just before finally closing, it required
seven to eight lobsters to fill a can.

The greatly increased price will, notwithstanding this, have made the season generally
remunerative. The small factories, many of which are established on the truck system,
will probably pay their suppliers handsomely, if not their owners.

By the inclosed Returns it will be seen that, notwitlistanding the modus vivendi,
there has been a very large increase in the number of factories. The urgent need of proper
Regulations in order to prevent this industry being' destroyed is obvious, and a check on
any further development is necessary in the interests of the whole community.

This year there are no lobster factories working to the north of Brig Bay, the
grounds showing unmistakable signs of being exhausted. This will rapidly extend to tiie
whole of the west coast if the increase of former seasons be permitted, and to which that
of 1891 promises to be no exception.

This augmentation in the number of factories also constitutes a grave danger of
serious international difficulties, to say nothing of the constant disputes that are certain to
arise among the native fishermen and their employers. This season there have been cases
of these local differences, which up to the present 1 have been able to deal with in a
manner satisfactory to the persons interested, but this cannot be expected to continue.

The factories on the east coast call for no special remark, both being on a small
scale.

The French factories of Brig Bay and John Meagher's Cove were enlarged the end
of last season, and have employed a greater number of hands, as is also the case with the
Barred Harbour factory, St. John's Island.

The new one erected at Clam Bank Cove, Port-ii-Port, is on a small scale, and
apparently on a difierent footing to the others, all of which are connected with the
cod fishery.

In the case of the three first-named large ones, the cod fishery is auxiliary, but with
the two at Port-aux-Choix cod arc the primary object, the lobsters being of comparatively
little importance.

The number of men employed in the lobster industry with these two varies; a greater
number are put on lobster catching when fish are scarce or bait fails, and vice versd, the
standing hands being four in one case and six in the other.

The factory at Port4-Port, owned by M. Tagan, employs native labour, and it is by
establishments of this kind that I expect the French will endeavour to further develop the
lobster industry, for I doubt, even with the higher prices prevailing for preserved lobsters,
if the large factories to the north pay suflTicientiy well to encourage others to embark in the
A'cnture.

It will be seen that several new English factories are contemplated besides those
waiting for the termination of the modus vivendi ; at least two, and probably three, will
certainly be objected to by the French, as two of them are situated in the middle of their
fishing grounds.

N G

'Two now Kiench I'iictories arc also spoken of as likely to be ercctoil, and I. fully expect,
unless some JUTanarcnicnt is arrived at, that more will be set up, thoii!,'li probably illl on .1
small scale, iiy Kureliiiiits ix'lo'iuin'j; to '^t. I'lerie.

In Couiinandcr Hi kid's 11 'p!)rt on l'"i'eneli lohst'r fa;'toriis, T ol^serve that furty-
tlirci' men is ;;iven as tin; nnmher employed tliis season hy ilie Hri^- liay I'aetovy. but I led
certain this is an mulei-estiniatc, as tiiat was the iiunil)L'i' last season, and I know I'roni
|)ersonal oliMrvation that the crew ha-* sine.; bt;en increased, I bc?lieve to sixty-tbrce, makinj;
tiic total nnnibcr of Ffencli cmpiovcd on this industry as \G'2,

tndosure "2 in No. L'^.
C'ommundiT Riddrl tri Citpltiiii Sir i>. Wiilkvi

Sii, " Pelican, " lit Siiiliiei/, C.B., (klnbvr 1:'., l8;);).

1\ lorwardin;^ a Re|)nrt .m the British lobster factories working on the west coi.st of
ISewlbmidlaild dminj' the season of I8!)(), I have the honour to make tile following
remarks.

'2. There were sevei'ty factories in existence between Cape Anguille and Bri;.^ IJay.
Of tlie.sc, thirty-seven wcic new, and many of tbem did not commence work urttil late ill
the season. A niunber of tlicso new factories are on u very small scale, being <vorkcd by
the niend)ers of respective l-indlies, who seem on the whole to have done fairly well in their
undertakiiijiis, the outlay in eaoh case being very smal!, and no expense on account of
wages. These factories are chidly situated in liay of Islands and on the north side of
St. George's Bay.

3. Witii (loul)!e the number of factories at work, tlie number of cases bf lobsters
paekt-d falls short of last yeai's by about 1,4(10. This falling-off is more than accounted
for by the fact that the lobsters lakcn tiiis year have been On an average of a much
smaller sizo than formerly, for in 1.^89 the average number of lobsters recpiired pet- tin
WiH three and one-third ; tlii-; year it is four.

4. The action of the uioihis riveudi put a stop to the building and working ttf
n'lmerous new factories, and tiicrc are still many persons who are waiting for this Agree-
ment between the British and French (jovcrnments to expire, when they will commence
fitting out factories for next season's work. I have been able to ascertain no fewer than
twenty cases, which, as far as practicable, are reported on an iiiclosure.

.'■). In consequence of the lateness of the s|)ring but little was done in lobstering until
June; and the most successlul period was after the shelling in September, though in Some
parts of the coast heavy gales caused fishing operations to be suspended through the traps
having been broken uj).

(!. The presence of British factories at Port Siuindeis, Bartlett's Harbour, and Brig
Bay are still objected to by the Frendi, and j)eiiodical complaints of a trivial and often
doubtfid nature are made against the British tishermen for setting their traps outside their
allotted limits.

7. There can be no doubt hut that some of the best lobster grounds of previous years
have now been worked out, and in Porl-u-Port three old factories have not been worked
this season in conseiiuence.

8. J would beg to call attention to the fact that on the 17th June a factory, worked
by a man named .\JcDonald, at .'Vbraham's Cove, St. George's Bay, was ordered to stop
working; this was done for ten d:iys, when McDonald, finding the factories at Gravels
were rumnng, recommenced work, and has continued doing so up to about the 1 1th instant.
The catch to the Oth of this month has been ItiO cases; and McDonald's original outlay
was ISO dollars. I especially note this outlay and catch, as McDonald may m;ike a
claim for compensation for his work having been stopped for ten days.

1 have, Sic.
(Signed) D. M. N. RIDDEL.

l fully expect,
Ijiibly itil on il

ve that i'urty-
oiy, but I tee!
1 I know iVotii
.tliree, making

icr 1"., 18!):).

2 Wfbt COi.st of

I tllc following

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rly well in their

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ises of lobsters
than accounted
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equired pet firi

md working of
for this Agree-
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1 no fewer than

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liicloHurc 4 ill No. 28.
List of Lnlwlr-r Kactorics hiiildiliu; or proji'ctfd lor Work diirins; the ScoHon of lHi)l.

Lociilily.

Kor wlmin or liy «'l
llilildiii^,

'"" Unimrk..

Oil ilxin I'oi.it (<;nit!oi'i» Ui

VI+)

J Chclwyllil ..

, , Cook-lioU'i' iTCCtt'd.

I'Mdv'H Covci ..

, ,

1 (loriiifl

., Purii.dly Indlt. '

I'oihIh River . .

• •

l-'eoru

,, Slii;{in;( niiirkt'd out and oomincncpd, and
pier Ktarti'd.

l)nni«>rii llni'Imiii

^ ,

Fnin

• , Iti'ii'M'ti'd an in c'ontcni|)lntiuii.

Itoi'he'n lli\rl)0!ir

t •

Holicrt"

. • lluiMiiius ciniplctcd.

ItiK'lir'n llnrtioiiv

• •

I'lniciiiit and l''ra>'.c'r , .

. . In Iranit'.

lliikt'i''» Hrciol;

, ,

' l'av/.aiit and Knixcr . .

.. Ditto.

I.iilnlcr Covo

• •

Mairyard ..

.. Ditto,

Norris I'oint . .

Mini. .M'l)i«iuMl.anirri'iii)d<toii In rrumo, niid plnnt proridcd.

Caddy l)idin«ciiu'
(lidc and Co . •
1 ('aniplull and Co. . .

■•;

'riii'Ho tiicforii'n arc in rontcmpliition, exact
1 lociilitiiM not yrt known. Orhrrn nmy

About Poit-.'i-rnrl, iiiul li

)rth

1 Mnri'li. KiiH. . .

• •1

• Mtart if Mitlnrictorv iirriinm>m(intM nro
conn! to hclwucn ilritinh and French

Biilu of Hiiy Ht. (ifoigo

fiillcM aad Co. . .

• < 1

Diiliait Mild Co.

'iovcTiimcnlN.

IJucct and C".

KUKNOIl l''AC'iOlllKH.

I'ort-H-l'tin..

. . 'ragini . . • •

, . llnildinKH not voiniuvnced.

.North ol' Cape {ii-orgo

. , Poiirricr . .

.. Ditto.

Uomri'FiM..

lirflkoV Covo

, .{ Ilatliburton

. , Plant rcniovtd to (ioosu Arm this sriiiun.

Arclii'd

, . Not known

One.

l.srk Ilni'liour

.. Ditti).

Two,

(Sigiietl)

D. M. N. lllDDELi Commander.

" Pelican," at B

"!/

St. Gvonje, October 9,

1890.

Inclosuie 5 in No. 28.

Commander Riddel to Captain Sir H. Walker.

Sir, " Pelican," at Sydney, C.B., October 15, 1890.

I HAVE the honour to forward u Report oii the French lobster factories whicli liiive
heen in opcrntion on the west coast of Newfoundland during the season of 1890, and in
doing so, I beg; to submit the following remarks.

2. The factories at Fort-aux-Choix (2), Barred Harbour, Bartlett's Harbour, and
Brig Bay, which were working last year, have continued in operation this season. That
of St. John's Harbour appears to have been merged into the large factory at Barred
Harbour, which is also fed by catches of lobsters made at Sesostris Bay. The number of
factories working this year is equal to that of last season in consequence of the erection of
a new factory at Clambank Cove, on the mainland, a short distance north of Red
Island.

3. There do not appear to be any difference in the factories from previous years, and
all must hb considered as pertaining to a permanent character, antl therefore a violation of
Treaty rights.

4. A larger number of nifen have been femployed in lobster catching and preserving
this year than formerly, for last year 13! French was the total number; this season
it was 142 French and 10 natives, the latter being employed in Clambank Cove
factory.

The tlshing has not lieenso successful as that of last y.^ar, as will be seen from the
attached Report, the information in which was furnished by thfe Managers of the respective
iactories. • '

5. I have riot heard of any projected French factories on the north-west coast of
Newfoundland ; but two are spokeh of further south, one in Port-^-Port, and one near
Cape Geofge and Red Island.

6. Tlje number of cftses of Jobstel-g packed by the prestent Brig Bay factory, when
established in VVhitfe Bay In 1888^ *a6 300.

I have, &c..
(Signed) D. M. N. RIDDEL.

a
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Inclosure 7 in No. 28.

Lieutenant-Commander Gray to Captain Sir B. Walker.

Sir, "Forward," at St. Johns, October 15, 1800.

IN nccordance with your sailing orders, dated the Ist September, I have the honour
to forward a Report on the lobster factories on the north-east coast of Newfoundland. .
2. I could hear of no others likely to be established next year.

I have, &c.
(Signed) S. W. A. H. GRAY.

1 84 J

o •?

Commenced working the
10th Aagiut, 1890.

1
1

1 s
■i 1

Number
of

Traps.

1-2

•^ 1
If " -

vn ^

1 1

Owners.

§1

s
.- -a

d
r.

; :

51 '

No. 29.

Admiralty to Foreign Office. — {Received November 22.) •

Sir, Admiralty, November 17, 1890.

I AM commaaded by the Lords Commissioners of the Admiralty to transmit, for the
perusal of the Secretary of State for Foreign Aflairs, copy of a letter from Captain Sir B.
Walker, dated the 22nd October, forwarding correspondence with the French Com-
modore on the working of the modus vivendi,

I am, &c.
(Signed) EVAN MACGREGOR.

Inclosure 1 in No. 29.

Captain Sir B. Walker to Vice-Admiral Watson,

Sir, "Emerald," at Halifax, October 22, 1890.

IN forwarding the correspondence with the French Commodore on the working of the
modus vivendi, I have the honour to offer the following explanations : —

1. On the opening of the season 1 tound that there were in all about forty factories in
different stages of advancement, and of these about thirty-five were desirous of operating ;
as a set-off against this great number of Knglisii iherc was only one French factory, and
that of small dimensions. Should the French Senior Officer, therefore, withhold his assent
and desire the arrangement to be carried out in its entirety the hardship entailed would bo
very great, and, in many instances, cause the ruin of the small proprietors.

2. The question also of the transference of ownersliip of a factory from an English
subject to a firm claiming to be French, and to have the factory worked under that
nationality, further complicated matters, it being situated in the midst of several new
English ones.

3. Under the above circumstances, I considered it my duty to see the French Senior
Officer, and to make the most advantageous terms possible for Newfoundland.

4. The entire negotiadons were carried out verbally, and the exchange of letters tbat
took place was the outcome of decisions previously agreed on. The result of the conterence
was that in consideration of the recognizing of the new French factory no objections would
be made to the small English ones, which were to be treated as non-existent. The
Commodore further explained, in view of the great number of new English establishments,
he must formally request the closing of the three he notified ; he also mentioned that he
believed that there were several to the north of Bonne Bay, and he would probably have to
request that some of these be closed.

I then informed him that in the case of three, which he requested me to name in niy
letter, building operations hud been suspended since March, and therefore they could not
in any case be ready for some time.

5. The new French factory was formally exchanged with an English one, and on my
representation of the circumstances relating to the supposed transfer of the McFatridge
factory, the Commodore informed me he did not recognize it as a French establishment.

6. The next question that presented itself was the allotment of fishing grounds ; this,
in the case of St. Margaret's Bay and to the north, owing to the harmony that prevailed,
was unnecessary. At John Meagher's Cove, where a boundary already existed, I have had
to give way to the disadvantage of the English factory.

The inclosed tracing explains maltcrs. The French Senior Officer stated that last
season he claimed the boundary marked in black, whereas I gave that marked in red, so
the dotted line was accepted by both.

7. By the above arrangements, which admitted the intermixing of the French and
English trawls in St. Margaret's Bay and to the north, complaints of hindrance to tli,^
legitimate French fishing were avoided, and, by a compromise in John Meagher's Co\ e.
which satisfied the French, the chance of like complaints on this portion of the coast was
avoided.

8. Tho modus vivendi was, I regret to say, broken by McDonald, who has a factory
in St. George's Bay on the north side : this closed on the receipt of the order on the
17th June, and remained so until I had left the vicinity, when he recommenced operations,
but being on a small scale, he did so unobserved. Mr. Chetwynd, of Halifax, also
transferred a portion of his factory from Current Island to Caribou Point, Castor's River,

[84] H 2

in the middle of August, but Lieutenant Weigall, on the receipt of the Commodore's
letter, very rightly went immediately and ordered him to stop building operations. This
he promised to do, and when T visited the place on the 19th September no further work
had been done on it. The building erected was the cook-house ; the factory proper had
not been commenced.

9. With reference to the factories mentioned in the correspondence, I would observe
the Coal River one did not come under the prohibition, as it was in operation in June
1889, though it had escaped our notice.

The factory at Eddy's Cove, belonging to Mr. Young, I arranged at Halifax in April
last, should have no further steps laken towards its completion.

When the " Emerald " and - Pelican " visited Cow Head, Fearn's factory was
incomplete, and no one there. However, it worked later on in the season, and was not
objected to by the Commodore, but I am not sure that he visited the place.

No attempt was made to proceed with the buildings at Pond's River, the stage being
the only visible portion. Mr. Fearn verbally informed me that he did not complete it, as
the traps of the Port Saunders' factory occupied the fishing-grounds.

10. I would most respectfully offer the following suggestions : —

Should no permanent arrangement with reference to tlie lobster industry be arrived at
before the commencement of next season, I think the status quo of 1890 should be
maintained.

Lobster factories or fisheries not forbidden during this season should be permitted
to continue their operations, but no new fisheries nor any transference of factories or
fisheries to other sites should be permitted pending a final settlement of the question.

11. Some of the factories at present working, as well as those preparing to do so next
season, have the express intention of endeavouring to obtain damages by legal process
should the naval officers interfere with their operations. I consider it would be for the
general good, and more likely to insure tranquillity on the coast, if powers, about which
tliere could be no question, were given to naval officers for carrying out Treaty obligations,
and giving effect to any arrangement that might be entered into between the respective
Governments. It would also stop this si)eculative trade for damages which has been
embarked on, encouraged by the present situation, and the false statements circulated in
the local press, and inserted in the London " Standard," that damages had been volun-
tarily paid to James Baird on account of my action in closing the Fischel's Brook
factory.

12. Finally, I have much pleasure in testifying to the harmonious working of the
arrangement, and the cordial relations that have existed between the officers of the two
nations. The conciliatory attitude of the French Commodore, and the officers under him,
and the forbearing manner in which they have conducted their duties, notwithstanding
considerable provocation due to the misrepresentations of the press, have caused this
season, I believe, to be one of the quietest of late years.

I have, &c.
(Signed) B. W. WALKER.

iBIiick I.

Inclosure 2 in No. 29.
Sketch of Castor's Harbour.

Inclosure 3 in No. 29.
Captain Mar^chal to Captain Sir B. Walker.

vin ■

• !*■ !

M. le Commandant, " Le La Pe'rouse" Port Saunders, Ze 13 Juin, 1890.

PENDANT la tournde que je viens de faire sur la c6te ouest de Terre-Neuve, j'ai pu
constater que les homarderies Fran9aises qui y fonctionnent cette ann^e sont les mSmes
que celles de I'annde derni^re, sauf cependant celle qui appartient h M. Tajan, qui est de
creation nouvelle, et se trouve situ^e dans I'Anse & la Vi^rge (Clam Bank Cove), au
nord de la montagne de la T6te Ronde de Port-k-Port. Cette petite homarderie n'occupe,
d'ailleurs, que trois pdcheurs.

! Commodore's
erations. This
10 further work
ory proper had

'. would observe
eration in June

Halifax in April

's factory was
in, and was not

the stage being
complete it, as

try be arrived at
1890 should be

d be permitted
of factories or
e question,
[jg to du so next
ay legal process
ould be for the
;r9, about which
eaty obligations,
in the respective
which has been
nts circulated in
lad been volun-
Fischel's Brook

working of the
icers of the two
icers under him,
notwithstanding
ave caused this

\ WALKER.

3 Jutn, 1890.
•e-Neuve, j'ai pu
sont les mSmes
Pajan, qui est de
Bank Cove), au
arderie n'occupe,

ifi'Ht. /,'»' i3ii} ro *♦

i1;

D'autre part, j'ai h vous signaler I'existence sur la c6te des Iioinarderies Anglaises
nouvclles suivantes : —

1. Red Brook, c6te sud de la Baie Saint-Georges.

2. Ruisseau Fischeile, c6te sud de la Baie Saint-Georges.

3. ,, „ c6te nord de la Baie Saint-Georges (si'.uee a 2^ niilles environ
dans Test do Ship Cove).

i: Riviere au Charbon, au nord de Port-ii-Port.

Jo vQiis proposerai, en eons<;quence, M. le Commandant, pour nous conformcr aux
Icinies (lu modus vivendi, de vouloir bien accepter Tecliange suivant. La homarderie
Fniiu;!iise de Tajan seiait autoris^'e a pfichcr, et d'autre ])art, la inoine autorisation scrait
donntv h mu' iisinc Anglaise nouvelle, celle de Red Brook, par exemple, qui parait, avoir a
peu pics la nii^me importance. Quant au\ autres usincs Anglaises nouvcliemcnt eiablies
sur la cote, ct (pii ne sont pas contre-balance'es par des homarderies Fran9aises nouvelles,
je lie vdis aucime raison pour nc pas leur appliquer les prescriptions du paragraplie 3 du
modus rii-cndi,

Lcs contrarietis que nous avons rcncontre'es dans noire tournee par suite du mauvais
tenijis (|ui a re^;ne, et de la presence dans le golle d'une quantite inusitec de glaecs, ne me
pciiiictk'iit pas de considerer mon exploration de la cote ouest comme absolument teniiince,
et je s;iis ablii>;u, M. le Commandant, de me reserver de vous signaler dans la suite les
intraclions nonvelles au modus vivendi que je pourrai constater, si toutefois il cu existe
d'auti'c^i.

Li jieche ^tant ^ peine commence'e aucun fait de concurrence ne m'a encore ete
siL'naJL' ; il me semble, au contraire, voir poitidre de tons c6tes des indices de bonne
harmonic entre les pecheurs de homard des deux pays.

Aijreez, &c.
(Signe') A. MARfiCHAL.

(Translation.)

■ Commandant, "La Pe'rouse," at Port Saunders, June 13, 1890.

DURING the cruize I have just made on the western coast of Newfoundland I have
been in a position to ascertain that the lobster factories at work there this year are
the r-inic as those of last year, with the exception, however, of the one belonging to
M. liijan, which is newly established and is situated in the Clam Bank Cove, to the north
of tiic mountain of Tete Ronde at Port-a-Port. I may add that this little lobster factory
only employs three fishermen.

On the other hand, I have to draw your attention to the existence on the coast of
tlic follow iiig new British lobster factories : —

1. Red Brook, south coast of the Bay of St. George.

2. Fischel's Brook, south coast of the Bay of St. George.

3. ,, „ north coast of the Bay of St. George (situated about 2^ miles to
the cast of Ship Cove).

4. Coal River, to the north of Port-Jl-Port.

I would therefore propose to you, M. le Commandant, in order to conform to the
terms of the modus vivendi, that you should agree to the following compromise: The
I'rcnch lobster factory of Tajan should be autiiorized to fish, and, on the other hand, the
same authorization should be granted to some new English factory, that of Red Brook,
for instance, which appears to be of about the same importance. As for the other
Enuiish factories, newly established on the coast, and which are not counter-balanced by
new French lobster factories, I see no reason why the provisions of paragraph 3 of
the modus vivendi should not be applied to them.

In consequence of the difficulties we met with during our cruize owing to the bad
weatlier, and to the unusual quantity of ice in the bay, I cannot consider my exploration of
the cast coast as absolutely concluded, and I am obliged, M. le Commandant, to reserve
to myself the power of calling your attention hereafter to any fresh infractions of the modus
vivendi which I may ascertain, should any exist.

As the fishing has haruly yet begun, no instance of competition has yet been brought
to my notice ; it seems to me, on the contrary, that on all sides signs of harmony between
the lobster fishers of the two countries are becoming manifest.

Receive, &c.
(Signed) A. MARfiCHAL.

nil:

Inclosure 4 in No. 29.

Captain Sir B. Walker to Captain Mar^chal.

Sir, "Emerald," at Port Saunders, June 13, 1890.

IN answer to your letter of the 13th instant, in which you inform me of the existence
of n new small French factory l)elongin<r to M. Fagan at Clam Bank Cove, Port-k-Port,
also suppesting an exchange with the new established English factory situated at the Red
Brook, Bay St. George, I have much pleasure in acceding to your proposal, whicli seems
fo me to be an equitable one.

With reference to the other new English factories, I have the honour to inform you
that the factories in question, situated at Fischel's Brook, south side Bay St. George,
Coal River, north of Port-i-Port, shall be forbidden to carry on their operations;
intimation to this effect has alrendy been given.

The other one mentioned in your letter has escaped my notice, and, as you are well
aware, information on this subject is difficult to obtain ; I cannot yet say whether it was
establislied last year or not, but I will make it my immediate business to discover, and,
should it be, as you suppose, a newly-established one, it shall cease operations.

I will take care to inform you of the result as soon as I have made my inspection.

Other English factories were in the course of erection, but their further progress hae
been stopped ; these are situated at Old Man's Cove, Eddie's Cove, Bay St. John, Pond's
River, Mall Bay, Cow Head.

It is with much pleasure that I am able to indorse your views as to the good feeling
which at present exists between the fishermen of the two nations, thus rendering any
allotment of grounds unnecessary.

I have, &c.
(Signed) B. W. WALKER.

Inclosure f) in No. 29.
Captain Mare'chal to Captain Sir B. Walker.

M. le Commandant, " Le La P^rouse," Port Saunders, le 3 Aoui, 1890.

J' A I I'honneur de vous signaler, pour en obtenir le redressement, une petite infraction
aux dispositions du modus vivendi.

Les pecheurs des usines Chetwynd, de Sainte-Marguerite, et Shearer, do Brig Bale,
viennent de s'installer depuis quelques jours aux lies aux Renards et aux lies Juiiielles
de la Bale Saint-Jean, inoccup^es jusqu's^ ce moment.

Pour se contormer aux dispositions du modus vivendi nos capitaines s'^taient abstenus
d'envoyer des pecheurs sur ces iles cette annee et ils se plavgnent vivement aujourd'hui de
cette main-mise sur des fonds de pfiche de la Bale Saint-Jean, qui engage I'avenir de leurs
operations.

Agr^ez, &c.
(Signe) A. MARfiCHAL.

(Translation.)

M. le Commandant, "La Pe'rouse," at Port Saunders, August 3, 1890.

I H.WE the honour to bring to your notice, with a view to redress, a slight infraction
of the provisions of the modus vivendi.

The fishermen of the Chetwynd factory of St. Margaret and the Shearer factory of
Brig Bay established themselves a few days since on Fox Islands and Twin Islands in the
Bay of St. John, which were unoccupied until then.

Our captains, in order to conform to the provisions of the modus vivendi, had this
year refrained from sending fishermen to these islands, and now bitterly complain of this
seizure of the fishing-grounds of the Bay of St. John, which affects the prospects of their
future operations.

Receive, &c.
(Signed) A. MARECHAL.

IncloBure 6 in No. 29.
Captain Sir B. Walker to Captain Mar^chal.

Sir, " Emerald," at Port Saunders, August 4, 1890.

I HAVE the Iionour to acknowledge the receipt of your letter, informing mo of the
infractions under the modus vivendi. I regret that the misapprehension as to the arrange-
ment should have occurred, though quite unintentional.

The grounds that were allotted at John Meagher's Cove this year to the English
factories were the same as last season, I having issued no fresh instructions, except the
slight modification in favour of the French factory, of which you are aware ; when giving
my orders to the Managers I informed them Fox Island might be occupied, that being
their limit; I trust, therefore, this explanation will prove satisfactory. With reference to
Twin Islands, I will see that they are vacated immediately. I was unaware that any of
the employes of the factories had established themselves on these islands, or I should
have taken measures to iiave them removed.

I have, &c.
(Signed) B. W. WALKER.

Inclosure 7 in No. 29.

Captain Mare'chal to Captain Sir B, Walker.

" Le La Perouse," Bonne Baie de Saint-Jean,
M. le Commandant, le 29 Aout, 1890.

J'AI I'honneur de vous informer que depuis le 9 AoM courant Mr. Chetwynd a fait
dlever une nouveUe homarderie dans la Baie aux Castors, sur la Pointe da Caril)ou.

En apissant ainsi il a scictnment contrevenu aux dispositions du modus vivendi, et j'ai
I'honneur de vous deinander de vouloir bien lui ordonner de supprimer cette construction
b&tie sur le livage du " French Shore," operation qui lui sera d'ailleurs plus facile encore u
effectuer que celle qu'il vient de faire.

J'ai remis aujourd'hui, 29 AoAt, h Mr. Chetwynd lui-meme, une protestation officielle, le
requerant d'avoir a cesser la construction de son usine, et I'informant que, pas plus cette
ann^e que I'unn^e prochaine, il n'aurait le droit de p^cher dans ces parages, oil les
Fran^ais exercent leur Industrie, et particuliercment la peche du saumon dc temps
immemorial.

Mr. Chetwynd declare qu'il n'a pas I'intention d'occuper son usine cette annee, et
qu'ii ne compte pScher que I'annec prochaine. II se place avec premeditation dans les
monies conditions que Mr. Young, de I'Anse du Vieillard (Eddies Cove).

Vous avez bien voulu, en effet, arrfiter la construction de cette derniere usine, mais les
maisons d^ja ^lev^es restent en place, tous les mat^riaux ndcessaires pour la construction
du reste de la factorerie sont sur les lieux, Mr. Young vient de temps en temps s'assurer du
bon etat de son bien et tout est piet pour que le modus vivendi ayant pris fin, il puisse
rapideinent achevjr son oeuvre et acquerir un semblant de droit de sejour sur ce point du
" French Shore."

Il est done facile h comprendre que Messrs. Young et Chetwynd veulent se trouver
I'annde prochaine, au debut de la saison de peche, cliacun h la tSte d'une usine dans la Baie
de Saint-Jean, et qu'ils se preparent des aujourd'hui d'une mani^re detournee a violer
les Traitds au detriment des Frau9ais.

Je me permets de vous rappeler, M. le Commandant, que les faits dont je viens vous
entretenir sont tellement en desaccord avec les clauses des Trait^s, et avec I'lnterpretation
qu'cti a e'te faite par la plus haute autorite de I'Angleterre, le lloi George III, que je ae
puis croire ()u'ils regoivent I'assentiment du Gouverneinent actuel de la Grande-Bretagne ;
et je vous demande de vouloir bien intervenir et prendre telles mesuies que vous jugerez
convoiiablcs pour prevenir Taction d^loyale des entrepreneurs Anglais et assurer ^ nos
pcchfurs dc la Baie Saint-Jean, aujourd'hui comme dans I'avenir, le libre exercice de leur
peche, auquel ils ont d'autant plus droit sur ce point qu'ils ne I'ont jamais abandonne.

Agreez, &c.
(Sign^) A. MARECHAL.

(Translation.)

" La Perouse," at Good Bay of St. John,
M. le Commandant, August 29, 1890.

I HAVE the honour to inform you that since the 9th August Mr. Chetwynd has had
a new lobster factory constructed in Beavers' Bay at Caribou Point.

I: 1

In noting thus he has wittingly contravened the provisions of the modus vivendi, and
I have the honour to asli you to be good enough to order him to demolish this building
erected upon the const of the " French Shore," an operation which, moreover, will be yet
easier to him than the one he hus just performed.

I have to-day conveyed to Mr. Clietwynd himself an official protest requesting him to
cense building his factory and informing him that neither this year nor next will he have
the ri!;ht to tish in that neighbourhood, where the French have plied their business,
especially that uf salmon-fishing, from time immemorial,

Mr. Clietwynd declares that he has no intention of occupying his factory this year, and
that he does not expect to fish till next year. He purposely places himself in the same
position as Mr. Young, of Eddies Cove.

You have indeed been good enoiigh to stop the construction of this latter factory, but
the houses already erected are still there, all the materials needful for the construction of
the rest of the factory arc on tiie s])ot, Mr. Young comes from time to time to assure him-
selt tliat his property is in good condition, and all is ready for him to com])lete his work
with s|)eed at the conclusion of tiie modus vivendi, and to obtain a semblance of right of
settlement upon this point of the " French Shore."

It is thus clear that Messrs. Young and Chetwynd wish next year, at the comiuence-
ment of the fishing season, to be each at the head of a factory in the Bay of St. John,
and that they are now already prc|)aring in an indirect manner to violate the Treaties to
the detriment of the French.

I take the liberty of reminding you, M. le Commandant, that the facts that I have
just mentioned to you are so much at variance with the clauses of the Treaties and with
the interpretation which has been given of them by the highest authority in England,
King George Id, that I cannot believe that they have the approval of tlie present Govern-
ment of Great Britain ; and I beg you to have the goodness to intervene and to take such
measures as you may deem suitable to prevent the disloyal action of English capitalists
("entrepreneurs"), and to assure to our fishermen in the Bay of St. John, now as in the
future, the free exercise of their fishery, to which they are all the more entitled on the
ground that they have never abandoned it.

Receive, &c.
(Signed) A. MARfiCHAL.

Inclosure 8 in No. 29.

Captain Marechal to Lieutenant Weigall.
M. le Capital ne,

J'AI I'honneur de vous envoyer ci-joint la protestation (jue j'adresse au Coinniandant
Sir Baldwin Walker, contre la violation du modus vivendi dont Mr. Chetwynd vient de se
rendre coupable, en dlevant du 9 au 25 AoAt une homarderie dans I'Anse aux Castors
(Beavers' Bay) a la Pointe du Caribou.

Je vous serai obligd de vouloir bien prendre connaissance de ce document afin qu'en
I'absence d'un croiseur de Sa Majcste Britannique vous puissiez prendre telle mesure que
vous jugerez convenable pour obliger Mr. Chetwynd h respecter les engagements pris par
nos deux Gouvernemeiits.

Recevez, &c.
(Sign^) A. MARfiCHAL.

(Translation.)
M. le Capitaine,

I HAVE the honour to send you herewith the protest I am addressing to Captain
Sir Baldwin Walker against the violation of the modus vivendi of which Mr. Chetwynd has
just been guilty, by erecting, between the 9th and 25th August, a lobster factory in
Beaver's Bay at Caribou Point.

I should be obliged if you would be good enough to take note of this document,
in order that in the absence of a cruizer of Her Britannic Majesty you may be able to
take such measures as you may deem fitting to oblige Mr. Chetwynd to respect the engage-
ments undertaken by our two Governments.

Accept, &c.
(Signed) A. MARfiCHAL.

odus Vivendi, and
dish this building
3over, will be yet

requestinj; him to
lext will he have
d their business,

ory this year, and
iisell" in the same

•■.V.

latter factory, but
10 construction of
mc to assure hini-
complete his work
blance of right of

at the conimence-
Kay of St. John,
te the Treaties to

« facts that I have
i Treaties and with
liority in England,
\e present Govern-
I and to take sucii
English capitalists
ohn, now as in the
lore entitled on the

MARfiCHAL.

36 au Commandant
twynd vient de se
Anse aux Castors

ocument afin qu'en
re telle mesure que
gagements pris par

'. MARfiCHAL.

dressing to Captain
Mr. Chetwynd has
lobster factory in

^ of this document,
you may be able to
respect the engage-

'. MARfiCHAL.

Inciosurc in Nu. 20.
Cu plain Sir H, Walker to Captain Mar^clinl.

Sir, "Emerald," at Port'au.r-Clioix, Si'iilnnbrr IC), 1890.

I HAVE the honour to ackuowledgc the receipt of your letter ot protest with regard
to the erection of a factory by Mr. Chetwynd at Caribou I'oint, Castor's IJuy, and regret
the action takni by the above person.

Mr. Chetwynd was expressly infortned by me that no factory was to be erected tliis
season, and even should he desire to do so alter the termination of the modus rivendi it
would be at his own risk, with the probability of his being prevented from operating sliould
it interfere with the Treaty rights.

Lieutenant Weigall has alr«ady given orders to Mr. Chetwynd to cease the building
operations, and the " Pelican " will visit the place to see the orders carried out.

With reference to Mr. Young's factory, I would point out that nothing turther has
been done towards the completion of this factory since March after the publication of the
modus viiendi.

I at the same time wish to assure you, on behalf of Her Majesty's Uovcrnmcnt, that
the undisputed Treaty rights of your countrymen will be upheld, and interruption to their
acknowledged fishing operations prevented.

I have, &c.
(Signed) B. W. WALKER.

No. 30.

Admirully to Voreiijn Office. — {Received November 22.)

Sir, Admiialti/, November 21, IS1)(».

AM commanded by my Lords Commissioners of tlio Admiralty to acciuaint you,
for the information of the Secretary of State, tiiat a lottor from tlu; Vice-Admiral
commanding the North American Station dated the 5th instant,* forwarding the
Report of the Senior Naval Officer employed on the Newfoundland lishcries durin<;-
the past season, has been sent to tbo Colonial Oflice, with a request that when this
correspondence has been printed copies may be; forwarded to your Dopartniont as well
as to their Lordships.

My Lords desire me to add that they propose to approve of tbo proceedings of the
officci-s commanding Her Majesty's ships engaged on this service, and they will bo
glad to leam if the Secretary of State concurs in this proposal.

I am, &c.
(Signed) EVAN MACGREGOR.

No. 31.

Colonial Office to Foreiijn Office. — {Received November 24.)

Sir, Downincj Street, November 'j'l, 1 890.

WITH reference to complaints of the interference of Mr. Shearer's lobster tisliery with
French fishing operations in Newfoundland, I am directed by Lord Knutsfoid to transmit
to you, for the information of the Marquis of Salisbury, a copy of a letter from the
Admiralty, inclosing a Re|)ort by Sir IJ. Walker upon this matter.

I am, iie.
(Signed) JOHN DRAMS TON.

[84]

* S«« Iuulusur«ii i! tu 15 in Nu. 37-

IncloRure 1 in No. 31.

Adwirnltij to Coloniiil ()(firp.
Sir, Admlraltn, Nnrrmher W, ]S90.

I AM commnndcd by my Lords Comniissioncrs of the Adiniraliy to tmnsniit, lor
the pernsnl of tlie Sccirtary of Stato for tin* diloiiit's, copy of ft letter from Captain
Sir Baldwin Walker, dated the 2Uli October, with eopie?* of its iiiclosinvH, rcspeeliny;
alleged interference caused by Mr. Shearer's loi)8ti'r fishery with Frcncii tisliing operations.

I am, Ike.
(Signed) EVAN MACGRliGOK.

Inclosurc 2 in No. 31.
Captain Sir B. Walker to VIce'Ai/mlral fVntson.

Sir, " Emmild," iil Hullfiu; October 24, 1890.

IN accordance witii Admiralty letter of I nth Soptcinber, 1890, directiiig nie to
inquire into the alleged interference with the French fishing operations by Mr. IShcarer's
lobster fishery, I have the honour to report as follows.

On the 8th .lunc 1 received the inclosid letter from tiio French Senior Officer,
complaining of the Knglish tra|)s, but I considered the position taken up so untenable
that, after having answered the letter, I gave the matter no further consideration, as I felt
convinced that, with the precautions adopted, no veal interfereiice could possibly occur.

In addition to the arguments used to the Frencii Commodore, 1 would also point out
that Ingarnachoix Hay was enveloped in ice between the .')th and 7tii June. During two
of these days a large ice-ticld, which extended from Gargamellc Cove to north portion of
Mall Bay, and closed the mouth of I'ort Saunders' Harbour, effectually prevented any
fishing operations.

I have called for a Keport from Lieutenant Weigall, who arrived at Port Saunders
on the 23rd May, before the French commenced work, from wliieh it will be seen that up
to the 4th June there were only two trawls to the seaward portion of Keppel Island.

No further trawls were set in the bay until about the lltli, the fishermen being afraid
of the ice.

The French bateaux arrived to seine herring just as the ship was leaving on the 9th,
but every trap thfit could possibly interfere with them bad been lifted.

The torpedo-boat was ready with steam up, and Lieutenant Wcigall personally saw
the seine-master of eveiy boat, and asked him if any trawls were in the way, to prevent
the slightest chance of complaint.

When I visited Port-au-Choix on tiie 14th I saw the French Prud'hommes, and
mysolf asked if their operations had been interfered with in any way, and the answers from
them all were in the nea;ative.

When the inclosed tracing, in which the English fishing ground arc shaded, is
consulted, it will be seen that tlic assertion that the English traps covered the bay, even
supposing the fishermen had availed themselves of the grounds which they were permitted
to occupy, would hardly be considered a just representation of the case ; but as a matter of
fact only two trawls were in the bay, all the rest being set inside u line drawn from Two
Hill Point to Hawke Point (the black line in the tracing^

The traps of the Brig Bay factory occupied the same grounds as the French factory
at that spot, the trewis being intermixed.

Interference on this portion of the fishery could therefore hardly be sustained.

The fishing-grounds of the other factory situated at John Meagher's Cove arc alone
left to be dealt with, and except that an English lobster-trawl was set on the ground
allotted to the French, and a question under the modus vivriid! as to the occupation of the
Fox Islands and the erection of buildings at Caribou Point, no complaints were made,
though the French factory was visited on several occasions and the Prud'homme invariably
interrogated.

Referring to the Commodore's letter of the 24th June to Commander Riddel, in
which he makes mention of the English traps, especially naming Trapper's Cove, I may
add that this portion of the coast is quite unfitted for seining purposes, and the French
Senior Officer, previous to this letter, acknowledged it to be the case in course of a
conversation with Lieutenant Weigall on the subject of the Port Saunders' factory fishing-
grounds.

iher 1), 1890.
to trunsniit, for
•r IVoin Captain
iuivH, respecting
iliing opurutiohH.

\cgri«:goh.

The bcncoii to innrk the limit of tlio Knfflisli fishinK-RroundH was purposely moved
tliis season clowe to tiie went point of Trappi-r's Cove from a position half-way hctwcen
that point and EI)oulement Point, witii u view of preventing any possiblu interference.

I have, &c.
(Signed) U. \V. WALKER.

ohn 24, 1800.
directing nie to
by Mr. Shearer's

1 Senior Officer,
lip SI) untenahlc
Icration, as I felt
ossibly occur,
id also point out
le. During two
north portion of
y prevented any

t Port Saunders
be seen that up
pel Island,
men being afraid

iving on the 9th,

personally saw
way, to prevent

nd'hommcs, and
10 answers from

arc shaded, is
3d the bay, even

were permitted
jt as a matter of
rawn from Two

French factory

ustained.
Cove arc alone
on the ground
ccupation of the
ints were made,
jmme invariably

indcr Riddel, in
r's Cove, I may
and the French
in course of a
' factory fishing-

Inclosure 3 in No. HI.
Cnpta'm Mtirechal In Ciiptnin Sir /?. fVnIkrr.

I\l. Ic Commandant, Port Saunders, li- 8 Jitiii, 1890.

KN 1888 M. le CJapitaine dc Vaisseau llamond. Chef dc la Division Navale Anglaise,
reconnaissant lui-mCmo quo les peeheurs FraiK;ais do nioruc et de ses appAts I'taient gen^s
par IcR casicrs Anglais de I'lisinc Slicanr de Port Saundeis, avail impos*; certaines limites j\
I'exploitation dc cette maison.

Au debut de la eaiupagne de rann<5o dcrniere, vons avez d(?clar(5, M. le Commandant,
(|ue CCS ordre^ etaient encore en vignems puis revenant sur voire deelaration, vou^^ avez
etendu les limites do I'exploitation Shearer au di'triinent de nos iiationaux.

II resultc dc ces mesurcs ()uc nos pi!cheurs sont encore profondcinent troubles dans
leurs operations dc i)(5che fi la Haie (rin:;arnaeiioix. La certitude (pi'lls ont d'y rencontrer
toujours et partout sur leur cheiniii des tasieis Anglais est pour eux non sculement
une gclnc pcrmanente Ti Taction de loiu' ptVhe, mais nussi une graudc cause dc trouble dans
reconomie generale de Icurs operations. Coniiueni lisquer en efFet dc perdre son temps
i courir apriis le poisson si, I'ayant apereu, on ne pent le pechcr qu'apr6s avoir prif''
Mr. Shearer dc rctirer ses casicrs.

Telle est ccpendant la situation creee a nos jiechcnrs de inoruc Fran(;ais dans une baie
(|u'ils cxploitent depuis presquc un sificle sous l.i garnntic! des Traites ct do la Declaration du
Roi Georges.

Lc jialliatif que voua nvez employe en 1885) dans un but de conciliation, je le
reconnais, et (jue vous appliquez de nouveau cette anneo avec un tnrpillcur h la place d'une
chaloupe a vapcur, n'est vraiment une garantie ([ue pour vos natioiiaux, car ainsi que j'ai
eu riionneur dc vous Ic dire rannec derniere, pour obliger Ics piiciieurs Anglais il relcvcr
leuis casicrs atin de laisser les Franf;ais seiner en boCtte, ce petit batiment commeneera
infailliblemcnt son (cuvrc de protection des droits I'raneais en chassant Ic poisson devant
nos pechcurs. C'est la niorue ct ses a])pats (pu; nos honmies pechent dans la Baie
(I'lngnrnachoix et c'est la morue et ses apjiAts (jue cc ])ctit batiment chassera, laissant
ic champ libre au homard et aux pechcurs de honiard Anglais.

Ce palliatif n'est done qu'un accroisseinent de gi^no pour nos nationaux, qu'on eloignc
ainsi dc la Baie d'Ingarnachoix sous prdtcxtc do les proteger dans rcxercice de leurs droits.

L'annee derni()rc nos pechcurs de niorue n'ont pas etc genes seulenicnt par les casicrs
de Mr. Shearer ; un vapeur Anglais du Labrador, venu par basard au moment du caplan ,
pour y ciiercber du hois, a opdue sur les fonds de pechc reserves aux Fran(;ais par les Traites
(les razzias de boiittc au grand detriment do nos capitaines, qui en ont e't6 prives et s'en
sont plaints am^rement.

Les pechcurs h gage de Mr. Shearer de I'Ansc de Garganclle se sont empresses d'aidcr
ce vapeur, et rien nc saurait vraiment micux deniontrcr la nceessite qu'il y a dc rentrer
dans Ic droit (jue cette violation ouvertc des garantis des Traites par lc premier passant
venu. Pourquoi le "Neptune" plus que Shearer s'inqui('jtcrait-il de la gOnc qu'il pent
imposcr aux pc'cheurs dc morue Fran9ais r

.Pajouterai enfin que ce que les otliciers des Divisions Navalcs Francaises ont prevu
sc produit: I'cjtaljlissement dc I'usine Shearer dans une baie inhabitee et ou jusqu'u
CO moment les Franriais seuls avaient p^'cIr-, a cree un centre autour duquel un noyau
dc population sc forme; aujourd'hui, on comptc aupres de I'usine Shearer huit ou dix
habitations ct les bois sont brul(5s dans les environs pour coinmencer les defrichements.

En prtsencc d'une situation qui aggravc chaque jour le trouble apport6 ii notrc pechc
dc la morue ct dc ses appats, je me vois ol)li;j;e, M. ic Commandant, dc protester non
sculement contrc la pre'sence dc I'ljtablisscmcnt Sliearer dans la Baie d'Ingarnachoix, mais
encore centre la cr(jation d'un centre Tcrre-Ncuvien sur ce point au milieu dune partic de la
c6te reservcc (juc nos pecheurs n'ont jamais cesse d'exploitcr sans fitre gfinds. Cette
double fondation est absolument contraire aux garuntics formuldes par les Trait(JS que, j'en
suis certain, vous n'avez pas moins a coeur que moi de fairc respecter.

Affreez &c«
(Signd) ' A. MARfiCHAL.
[84] I il

■!■ 'i

i5r

i*,

(Translation.)

M. le Coniniandant, Port Saunters, June 8, 1890.

IN 1888 Captain Hamontl, commanding tiie English Naval Division, recognizing him-
self that French fishermen engaged in fishing for cod and its bait \yere hampered by the
English traps of the Shearer factory of Port Savmders, imposed certain limits on the
operations of that honse.

At tlio commencement of last year, M. le Commandant, you declared that these
orders were still in force ; then, rescinding your declaration, you extended the limits of
Mr. Shearer's operations to the detriment of our countrymen.

The result of these measures is that our fishermen are still greatly impeded in their
fishery operations in Ingarnachoix IJay. The certainty that they will always and every-
where find English traps in their way is not only a permanent inconvenience to
their fishing, hut also a serious cause of trouble to the general plan of their
operations. How can they risk the loss of their time in pursuing fish if, when they have
sighted it, they can only catch it after having begged Mr. Shearer to withdraw his traps?

Such is. ncvcrtheiess, the situation created for our French cod-fishermen in a bay
where they have been at work for nearly a century under the guarantee of the Treaties
and the Declaration of King George.

The palliative remedy which you employed in 1889 with a conciliatory object
1 admit, and which you again apply this year by means of a torpedo-boat in place of a
steam-launch, is really a guarantee only for your countrymen, for, as I had the honour to
point out to you last year, in order to oblige the English fishermen to raise their traps so
ii.> to let the French lay their seines for bait, this little vessel will assuredly commence its
work of protection of French rights by driving away the fish before our fishermen. It
is for cod and its bait that our men fish in Ingarnachoi.v Ray, and it is the cod and its
bait that this little vessel will drive away, leaving the field clear for the lobster and
the Enjilish lobster fishermen.

This palliative is thus only an additional inconvenience for our countrymen, who are
by this means excluded from Ingarnachoix Bay under i)retext of protection in the
exercise of their rights.

Last year our cod-iishers were not annoyed !)y the traps of Mr. Shearer alone; an
English steamer from Liibrador, which happened to arrive in search of wood at the moment
when the eapelin was sighted, committed raids on the bait fishery grounds reserved to
the French by the Treaties, to the great detriment of our captains, who have been deprived
of it, and have bitterly complained.

The fishermen in Mr. Shearer's employ at (iargamelle Cove hastened to assist this
steamer,and nothing could more clearly show the necessity which cxistsfor a return to law and
order than this o;)en violation of the Treaty guarantees by the first comer. Why should
the "Neptune " take more notice than Shearer of the inconvenience caused to the French
cod-fishers ?

I should also add that what the officers of the French naval divisions foresaw has
actually occurred ; the establishment of the Shearer factory in an uninhabited bay, where
hitherto the French alone had fished, has created a centre round which a small population
is forming ; to-day, one can count eight or ten dwellings near the Shearer factory, and the
woods in the neighl)ourhooil are being burnt to commence the clearings.

In face of a situatioi' which daily aggravates the detriment caused to our fishery for
cod and its bait, 1 Icel myself (.bliged, M, le Conmiandant, to protest, not only against the
j)resence of the Sh'.>arer establishment in Ingarnachoix Bay, but also against the creation
of a Newfoundland centre at this spot, on a part of the coast reserved to our fishermen,
who linvp never ceased to operate there without interruption. This two-fold establishment
is absolutely conlL^ry to the guarantees formulated by the Treaties, the enforcement of
which, 1 am certain, NvOU have no less at heart than mvself.

I am, &c.
(Signed) A. MAR1^:CHAL.

Inelosurc 4 in No. .^1.

Cnplnbt Sir li. Wnlker tn Captain Mnrr'chal.

Sir, «' Emerald," June 13, 1890.

I HAVE the honour to ohsorre, in reply to your letter of the 8th .lune, in which you
complain that your fislicrnien arc much troubled in their fishing operations in Ingarnachoix
May by the certainty they have of finding in their way always and everywhere the English

aunders, June 8, 1890.
livision, recognizing hini>
it were hampered by the
!d certain limits on the

you declared that these
1 extended the limits of

I greatly impeded in their
sy will always and every-
lanent inconvenience to

general i^laii of their
; fish if, when they have

to withdraw his traps ?
I cod-fishermen in a bay
[Harantee of the Treaties

th a conciliatory object
rpedo-boat in ])Iace of a
', as I had the honour to
len to raise their traps so
I assuredly commence its
efore our fishermen. It
md it is the cod and its
Icar for the lobster and

lur countrymen, who are
!xt of protection in the

)f Mr. Shearer alone ; an

h of wood at the moment

ery grounds reserved to

who have been deprived

lastcned to assist this
stsfor a return to law and
■st comer. Why should
ce caused to the French

al divisions foresaw has
uninhabited bay, where
lich a small population

learer factory, and the
ings.

used to our fishery for
st, not only against the

so against the creation
;rved to our fishermen,

two-fold establishment

s, the enforcement of

iC.

A. MART5CHAL.

fW," June 13, 1890.
jth .June, in which you
Ltions in Ingarnachoix
lerywhere the £nglish

(UMi/l im}rt.»*

PORT SAUNDERS

AND

KEPPEL AND HAWKE HARBOURS.

TINTED PORTION SHOW FISHING GROUNDS OF PORT SAUNDERS FACTORY.
TRAWLS INSIDE BLACK LINE EXCEPT TWO MARKED UP TO 11 JUNE.

y^^^^^^y^y^gUA^^^ '

avvii err.lpd to mark
I slum/ i/fciirid

E HARBOU

Hsmson k l.c,ua I ilh y Mirt-.ua I.ane W '

I I

ii,

{I4M >/»/ f)M) rt I*

... .^ -wa—-^*. L

KEPPEL

H'i<f tfroi

»1

traps, I nm at a loss to understand how the ahove can occur, as the practical effect of the
limitations placed on the grounds of the English factory is that (he whole of Ingarnachoix
Bay (except about 1 mile of the coast), also Kcppel Harbour, is prohibited to English
traps ; and as only a small portion of the unoccupied wateis have been used by your
fishermen, 1 do not feel justified in further restricting the operations of the English factory
on the possible contingency of the French being desirous of occupying these waters.

I may add that at no time after the restrictions placed on the English factories
by Captain Hamond in 1888, nor during the whole of la^t season, did the French fishermen
show any desire whatever of fishing in the waters now occupied by the English traps, and,
moreover, should they do so, the precautions I have taken will insure, without any fear of
driving the fish away, the certain and speedy lifting of any traps on grounds that your
fishermen are desirous of using.

With reference to the palliative measure which you are good enough to recognize as a
hand fide effort to insure your Treaty rights b3ing observed, I have the honour to point
out that the presence of this boat in itself insures my orders being carried out by the
inhabitants, thus making the constant outside patrol luinccessary.

1 would further add that steam-trawlers are coming more into use every day for
fishing purposes, and, far from driving the fish away, they obtain better catches. There
has also been no apparent interference with the cod and the bait at New Ferolle and St.
Margaret's Bay by the steam-boat connected with the French factory at Brig Bay, though
constantly on the move ; this has, I hear, worked with such success, that another is this
year attached to the French factory on St. John's Island. I, therefore, cannot think that
an English steam-boat stationed at Port Saunder.s, where work will be only occasional, can
have the disastrous cfltcts you anticipate. The burning of the woods in tho neighbourhood
of the foctory to which you refer was accidental, and a report of the whole circumstance was
made to me last season by the officer stationed at Port Saunders.

The new houses you observed at the above port were those of families who up to the
present have been living at Port-au-Choix, and were at some time gardiens for the French
rooms there.

With reference to the taking of bait by the " Neptune," the captain of her informed
Captain Russell that there were no French boats anywhere near at the time, or he would
not have done so, and he expressed his regret that he had caused any hindrance. As to
the further matters contained in your letter: as I understand the whole matter is at present
under the consideration of our respective Governments, 1 am sure you will agree that
these details had better be left to their decision.

I have, &c«.
(Signed) B. W. WALKER.

Inclosure 5 in No. 31.
Lieutenant Weigall to Captain Sir B. Walker.

Sir, "Emerald," at Halifax, Nova Scotia, October 21, 1890.

IN compliance with your order requiring information as to the position of trawls of
the Port Saunders' lobster factory, and whether the French had been desirous of occupying
the waters in which traps of the above factory were set up to the time of your arrival on
the 4th June, I have the honour to report as follows.

From my arrival on the 23rd May until that of Her Majesty's ship " Emerald " on
the 4th June, no lobster trawls were laid in Ingarnachoix Bay to the northward of Two
Hill Point. Two trawls were laid to seaward of Keppel Island. The first arrival of French
bateaux on the look out for herring was on the 9th June. 1 interviewed the chef of each
boat to ascertain if any trawls were in the way. On this and every subsequent occasion
they replied in the negative.

In 1889, no seining or fishing operations were attempted by the French in the vicinity
of Port Saunders except in Keppel Harbour (middle arm) and Ingarnachoix Bay, at least
a mile to the northward of Two Hill Point.

I have, &c.
(Signed) STEWART C. WEIGALL.

Inclosure 6 in Nc. 31.
Tracing of Port Saunders and Keppel and Hawke Harbour9,

No. 32.

Colonial Office to Foreiijn Office, — (Received November 29.)

Sir, Downing Street, November 28, 1890.

WITH rcfei'oncc to tho ncarotiations ■with tlio Govornmont of J-'rancc for a
settlement of the Ncwroimcllaiul Fishery question, I am directed hy Lord Kniitsford
to transmit to you lierewith, for the information of the Marquis of Salishury, tho
]>nrj|)hrase of a t(dcii;ram which liis Lordsliip has addressed to the Governor of
Newfoundland upon tiie suhjeet.

I have, &('.
(Si-,'ucd) .TOIIN IJllAMSTON.

Inclosure in No. 32.

li I

■i'i

Lord Knutsford to Governor S'r T. O'ihien.

(Telej»raphic.) Downing Street, Novemher 27, 1890.

IN" pursuance of the Avish of the Delegates from Newfoundland avIio were lately
in England, Her Majesty's Gov(>rnment liavo proposed to the French Government to
accept a pecuniary indemnity and a statutory j)ermission to purchase bait as a
consideration for renouncing their alleged rights u[)on tlie coast and territorial waters
of Newfoundland, and abolishing the bounty upon all iish not consumed in I'reueh
dominions. These projiosals have not been accepted. The Government of i-'raneo
intimate that for the settlement of the question they are a\ illing to proceed cither
by agreement on the lines of the Convention of 18S5, or by arbitration, iler Jlajosty's
Government are willing to take whichever of these courses may he prel'erred by the
Colonj\ But either course Avill probably occupy a considerabh; time. An agreement
requires lengthened negotiation, and unless a very large discretion indeed is given to
tho Arbitrator, t\w preparations for submission to arbitration must l)e lengthy. A
renewal of tho modus vivcndi so as to give time for further action is therefore
indispensable. But after what has taken place to renew it would be useless, unless
statutoiy force is given to its provisions. I very earnestly press upon your Govern-
ment to procure tlie necessary legislation ; the power of Her Majesty's (lovernment
to bring this controversy to a satisfactory conclusion Avill be seriously diminislied by
a refusal.

No. 33.

M, Waddington to the Marquis nf Salisbury. — (Received December 2.)

M. le Marquis, Londres, le 29 Novembre, 1890.

JE n'ai pas manque de soumettre u I'appr^eiation du Gouvernement de hi Repubhquo
Je projet d'arrangement dont votre Seiiineurie m'a fait I'iionneur de m'entretenir le 17 de
ce mois, en vue de raettre fin aux difficult^s que rencontre I'exercice des droits de nos
pfjcheurs a Terre-Neuve.

Dans le courant du niois dernier, M. I'Ambassadcur d'Angleterre a Paris avait d;'ij?i
remis a son Kxeellcnce, M. Ribot, une note de votre Seigneurie contenant des ouvertures
dans le m6rae sens. Cos ouvertures ne Jureit pas accueillies, ainsi qu'ii r(5sultc de la
r(5ponse de M. le Ministre des Affaires fitrang^res, en date du 29 Octobre, niais Lord
Lytton a pu se rcndre conipte unc fois de plus, h cette occasion, des sentiments de concilia-
tion dont le Gouvernement de la Republique n'ajamais cess(5 d'etre aninid dans la discus-
sion de cette iinportanle question.

Les propositions ([ue vous m'avez denumde de eommuniquer u nion tour a M. Ribot
difftirent (le celles que lui avait transmises Lord Lytton, lesquellcs prevoyaient, en ecliange
de I'libandou de nos droits sur le " Freneii Shore," soit une indemnite pecuniaire, soit des
faciiites il accorder a nos pecheurs pour I'achat de la boette, tandis que votre Seigneurie
nous offre aujourd'hui I'indemnitiJ et les faciiites dont il s'agit, mais reclame en revanche,
avec Tabandon de nos droits sur le " French Shore," I'abolition des primes qui encouragent
eu France I'exportation des morues dans les pays que baigne la M^diterranee.

Jc n'avals pas cru devoir atteiulrc les instructions dc M. Ribot pour vous fairo
presseiitir I'accneil dont ces dernierea propositions ne ])ouvaicnt nianquer, h, raou sens,

iniinislied l)v

Jo ne rpviciulrni pas sur la (pirstion du rachat dc nos droits et sur Ics facilites <iue la
Colonic de Terre-Ncuvc piendrait I'enKnEjcment d'uccorder h nos pflcheurs en ce (jui
conccrne la boi'tte ; votre Seigneurie co'inait notrc nianicro de voir, it cet ('^ard.

En ce qui touclic I'abolition do nos primes, je me bornerai A vous faire observer que
cette question ne sauvait. offrir unc base de discussion, non sculenient parce quelle est
d'ordre interieur, niais parce que le Parlement Frangais s'cst, recemment encore, prononco
pour Ic maintien de la prime. II ne depcndrait done pas du Gouvernement dc la
llepublique dc modifier nos Tarif's en faveur dcs babitants de Terre-Neuve et au detriment
de nos pecheurs.

Telle est, M. le Marquis, la rdponse que je suis autoris^ il fairc au projet d'arran<j;e-
mcnt dont vous avoz bien voulu me tracer les grandes li2;nes ; ce projet ^manc des
Dcl^gues dc Terre-Nciive, et il sinspirc, par suite, presque uniquemcnt des infercits de
la Colonic; il ne ticnt, pour ainsi dire, aucun compte des notrcs, qui sont pourtant
conside'raliles, consacre's en outre \)av les Traites, et garantis par la double signature des
Gouverncments Fran(;ais et Anglais. Dans ces conditions, je ne puis que vous ronouvclcr
I'assurancc que j'ai cu I'honneur dc vous donner deja a maintes reprises, a savoir, quo nous
sonunc^ toujours disposes a entrer avec le (louvernenient dc la Heine dans la voie d'un
accord, niais il va de soi que eette entente n'aura des cbauccs de sc produire que si les
droits ct les int6i'6ts des deux parties sont e()uitablement mis en balance, et si on n'attend
pas du Gouvernement Franeais des concessions auxquelles il lui soit impossible de
souscrirc. .lo suis persiiade, i\I. le Marquis, qu'en fuisant appel a votre baute impartialite
il sera jjossible a brcC delai dc mettre un terme a des difficulties dont le Gouvernement dc
la llepublique poursuit dcpuis longtemps avec un incontestable bon vouloir la solution
definitive.

Veuillez, &e.
(Signe) WADDINGTON'.

(Translation.)
M. Ic Marquis, London, Novcmbrr 29, 1890.

I DID not fail to submit to the consideration of the Government of tbe Republic the
pro|)osed arrangement which your Lordship did me the honour to discuss with me on
the 17th instant, with a view to putting an end to the difficulties encountered by our
fishermen in the exercise of their rights in Newfoundland.

In the course of last month the British Ambassador at Paris had already transmitted
to bis Excellency M. Kibot a note from your I..o!(lship containing overtures in the same
sense. These overtures were not favourably received, as appeared from the reply of the
Minister for Foreign Affairs dated the '29th October, but Lord Lytton on this oceision will
have again seen proofs of the comiliatory spirit which has never ceased to animate the
Government of the Republic in the discussion of this important question.

The proposals which you requested nie, in my turn, to commuuicale to M. Ribot differ
from tiiose transmitted to him by Lord Lytton, which contemplated, in exeiiango for the
abandonment ol our rights on tiie " French Shore," either a pi^cuniary indemnity or the
grant of facilities to our fishermen for the purchase of bait, wliereas your Lordship now
offers us the above-mentioned indemnity and Cacilities, but demands in return, with the
abandonment of our rights on the " French Shore," the abolition of the bounties which
encourage in France the exportation of cod to the countries bordering the Mediterranean.

I did not think it necessary to await the instructions of M. Ribot before warning
you of the reception which, in my opinion, these latter projjosals cauld not fail to meet
on the |)art of the Government of the Rspublic, and I did not conceal from your
liordsbip that they certainly could not constitute tbe basis of negotiation which both
parties are endeavouring to arrive at. The reply which I have received from the Minister
for Foreign Affairs to my above-mentioned communication entirely confirms my expecta-
tions.

I will not again discuss tlie question of tbe purchase of our rights and of the facilities
which the Colonial Government of Newfoundland would undertake to art')rd to our fisiier-
men with regard to bait; your Lordsbiji is acquainted with our views on this subject.

As regards the abolition of our bounties, I shall confine myself to pointing out to you
that this question could not form a basis of discussion, not only because it is a matter of

f I

iiilcriial atluiiiiislnitiuti, bul liccausc llic Kroncli I'ltrliii'iiciil iiuH ouly rciiently [troiiuuucud
in favour of the miiintenancL' of bounties. It would not, lIuTcforc, be in the power of the
Government of the Republic to nmdify ourTarifi's in favour of tlic inhabitants of Newfound-
land, and to the detriment of our fishermen.

Such is the reply, M. le Marquis, whicli I am authorized to inaUc to the proposed
arrangement of which you have been ^ood enough to trace tlie main features. This
project emanates from the Dcleiiatcs of Newfoundland, and is, therefore, almost solely
inspired by the interests of thu Colony ; it does not take into consideration, so to speak,
our interests, which ore, nevertheless, considerable, ami reco|^ni/.ed, moreover, by the Treaties
and guaranteed by the twofold signature of the French and English (governments. Under
these circumstances 1 can only renew the assurance which 1 have had the honour on several
occasions to give to you, that we are always rccidy to consider the best means of attaining
an agreement with the Government of Her Majesty, but it is a matter of course that this
understanding can only be anivcd ut if the rights and interests of the two parties are
equitably balanced, and concessions are not expected from the French Government
to which they could not possibly subscribe. I feel assured, M. le Marquis, that by making
an appeal to your high sense of impartiality it will be possible in a short time to put an
end to the difficulties the final solution of which the Government of the Republic have long
pursued with unquestionable good-will.

I have, &c.
(Signed) WADDINGTON.

•SI I

No. 34.

Colonial Office to Foreiyn Office, — {Received Decembef 1 ti.)

(Extract.) Downing Street, December 11, 1890,

"WITH reference to the letter from this Department of the 28th ultimo, inclosing
the paraphrase of a telegram addressed to the Governor of Newfoundland communi-
cating to him the views of the French Government upon the proposals for a settlement
of the Newfoundland Fishery question, made by the Delegates of the Colonial Govern-
ment recently in this country, 1 am dirueted by Lord Kuulsford to tran.smit to you the
paraphrase of a telegram received from the Governor in reply, conveying- tlie decision of
Lis Ministers in regard to the suggestions for arbitration and a reno.val of the modus
vivendi.

Tnclosure in No. 31.

Governor Sir T. O'Brien to Lord Knutsford,

(Telegraphic.) (Received December C), 1890.)

MINISTERS desire to call the attention of Her Majesty's Government to the
rejection by the Colony of the Arrangement of 1886 as constituting a reply to the
second proposal of the French Government for a settlement based upon that Arrange-
ment. With respect to the proposal for a settlement by arbitration, if it is upon the basis
proposed by Delegates in July last, my Ministers assent; if otherwise, they wish for infor-
metion as to the meaning of the j)lirase " settlement by arbitration." My Government
cannot assent to any arbitration which does not include withdrawal of the French from
the coast; that the granting ot facilities for procuring bait be considered only with the
modification of bounties. Whilst my Ministers recognize ihc necessity for sufficient time
being allowed for complete negotiations after they take definite form, they beg to remind
Her Majesty's Government of the emphatic protests made by them, the Legislature, and
the public, as well as by the Delegates, against the modus rivendi, as being most hostile
to interests of Colony, and they are not, therefore, prepared to give legislative sanction
to the viodus vivendi.

HADDINGTON.

■ No. 36.

The Earl of Lyltoii to the Afanjuis of Salisbury. — {Received December 22.)

My Lord, Pitria, December 20, 1890.

I HAVE the honour to inclose herewith to your Lordship, extracted from the'
"Journal Officiel " of this day, the text of a question put by Admiral Veron yesterday, in
the course of u debate on the Budget in the Senate, with reference to the negotiations
between England and France on the subject of the Newfoundland fisheries ; and of the
reply of the Minister for Foreign Affairs thereto.

M. Ribot, while declining to enter into detail, stated that the French Government had
been unable to accept the proposals made by Her Majesty's Government in so fur as pecuniary
indemnity and the abolition or reduction of French fishing bounties were concerned, but
that they were prepared to examine any further proposals that might be submitted. It
was not for the French Government to take the initiative or to appear •' a hurry. They
were enforcing their rights, and there was no reason to modify their view (" nous n'avons pas
4 apporter des modifications k notre mani^re de voir ") until the new proposals spoken of
were received. Far from having neglected the interests of the French fishermen in these
regions, the number of which was yearly increasing, it was now admitted that everything
had been done by the Government and the French Commander on the station to protect
them. The question was a difficult nnd thorny one which could not be solved in a day.
In the meantime, the French Government would continue to hold its position (" nous
resterons sur le terrain oil nous sommes "), resolved with firmness and prudence to defend
ths rights of their countrymen.

I have, &c.
(Signed) LYTTON.

Inclosure in No. 35.
Extract from the "Journal Officiel" of December 19, 1890.

M. CAmiral Veron. — Messieurs, je saisis I'occasion que m'offre la discussion g^n^rale
du Budget du Minist^re des Affaires Rtrang^res pour monter a cettc tribune et entretenir
de nouveau le Senat de la grosse question de nos pecheries de Terre-Neuve ; il faut que
je la considere, en effet, conime bien iinportante pour revenir encore une fois vous prier de
m'accorder quelques instants de votre bicnveillante attention. (Parlez ! parlex !)

Je ne remettrai pas sous vos yeux la demonstration de nos droits de peche sur la
partie nord de I'lle de Terre-Neuve, droits indiscutables resultant de Trait^s ratifies u
diverses epo(|ues par Ics Gouvcrnements de France et d'Angleterre ; le S^nat a dt^ ddjk
plusieurs fois saisi de cette question, ainsique des difficultes qui nousont dt6 suseitdes dans
ces derniers temps par nos voisins et qui, si on en croyait les bruits r^pandus, seraient
arrivecs ^ I'dtat aigu.

Je ne vais pas demander ji M. le Ministre ou ea sont les negociations h. ce sujet, car
il y a des negociations en cours. II me rdpondrait, coinnie il I'a fait ti la Chambre des
Deputes, que, cerles, il a hilte d'en finir, mais que, pour le moment, il ne peut rien dire.
Je comprends son silence.

Seulement, M. le Ministre voudra bien me permettre de discuter aujourd'hui les
diverses combinaisons r|ui ont (5t<5 essayees dans ces dernidres aunees, qu'on a plus ou
moins officieilement connues et dont ont parlc les journaux de France, d'Angleterre, et
d'Ameriquc, combinaisons propos'ies par les Anglais, toujours se defendant de vouloir
nier ni contester nos droits inscrits dans les Traites, mais en fin de compte ayant pour
but Evident de nous faire abandonner le " French Shore." C'est parmi ces combinaisons
qu'ils esp^rent encore trouver aujourd'hui une solution acceptable pour nous. Je crois
qu'ils se trompent.

Je ne sais si .VI. le Ministre a I'intention de soumeltre au Parlenient le Traitc ou
I'Arrangement h venir, avant sa ratification par le President de la Republique, contraire*
ment k ce qui a 6\.e fait pour les arrangements dernierement conclus avec I'Angleterre h.
propos de Zanzibar (5 Aout, 1890) et des territoires de la Cote Occidentale d'Afrique
(10 AoAt, 1889) ; j'upplau'lirais A cette iatentii'n; car, on ne peut que regretter amfere-
ment cette exclusion des Chambres dans la discussion de ces derniers Traitds qui, certes,
auraient donn^ lieu d de vivcs critiques quand on songe que nous n'avons pas su, au cours
de ces negociations, nous faire attribuer la possession de la Gamble, ce coin enfonce dans
le flanc de notre Colonic S6u^salaise, comms I'a dit M. le Ministre.

[84] _ K

M^tne dans cette hypoth^sc, jc crois quo I'examen auquel je vais tne livrer nurait
certains avantages.

Partni lea combinaisons propoBues par lea Anglaia, je veux rctenir les principales ct
prouvcr qu'aucune n'cst iicceptablc. Kn prcn\ii!ic li»,M)c, jc mettrni I'Arrnnnunient qu'ils
nouB avaient fait accepter cii 1884-85 ct ([uc, par bonlieur pour nous, Ic Parlement do
Terrc-Ncuve ne voulut point ratitier. J'ai eu connaissancc de cct Arraniicmcnt I Nous
accordions i\ iios copartageunts la pcrrnission (I'iiistnller, dans la plupart de nus liavres de
p^che, de petites colonies destinies & exploiter les soi-disant mines so trouvant justenieut
dans nos meilleures bales. C'ctait, nous disait-on, un moycn dc duiiner satisfaction aux
populations ouvri^res de I'llc, suns gCner notre industric de la p^che. Eh bien I pour (|ui
connatt les exigences dc nos p^cherics, il n'y a pas de doute quo ccllcs de I'industrie
mini^rc n'eussent absorbc* les premieres. Nous n'aurions pas tard('\ ne pouvant plus
vivrc c6te ii c6te avcc ces vuisines iiicotiimodes, a abandonncr ces bales. Ije but (Jtait
atteint.

£t que nous proposait-on en cchange dc ces concessions si na'ivement accordi^es P La
propriotd cnti^re des Nnuvellcs-H^brides, arclii|)el que nous n'avions pas su prendre
quelques annucs avunt, au moment ou les Anglais prenaicnt sans fa(;on le bel archipel du
Fidji. Qu'aurions-nous fuit des Hebrides et (juo fuisons-nous uujourd'bui de ce cinieti^rc
de moitie avec les Anglais? II ^tait aussi question de quelques petites lies Sous-le-Vent de
Taiti.

On vous propose peut-^trc, Monsieur le Ministre, de reprendre cet Arrangement Bvec
quelques modifications dans les territoires & cdder. J'ai entendu dire que Ton essayait.
Puissiez-vous ne pas juger cette (juestion, comme I'uvait jugce votre preddcesseur de cutte
opoque; je n'insiste pas et jc passe l^ la deuxiOmc combinaison.

Comme la boettc ou appat est indispensable u nos nombreux bi\timunts qui p6chent
sur le grand banc de Terre-Neuve et sur les bancs plus rapproches dc notre petiie colonic
de Saint-l'ierre et Micjuelon ; que cette bootte, nous la trouvons dans la bale du *' French
Shore," les Anglais nous disaicnt : AI)audonnez-nuus vos havrcs dans Icsquels vous n'avez
plus que dc rures navires, et nous prendrons I'engagement dc vous fournir de la boette qui
arrive chex nous en prime saison ; — nous annulcrons le "Bait Bill" qui dcfenduit h nos
nationaux dc vous en vendre; ct alors, ces havres ul)andonnes par la morue n'auront plus
aucune valour pour vous . . .

£n retour de ce bon procede, nous vous laisserons desormais librcs dc vous livrer ik la
p^chc sur le grand banc de Terre-Neuve ! Qui, Messieurs, les gros bonnets de I'agitation
Terre-Ncuvienne font semblant d'ignurer que Ic grand banc est u 100 lieues de la c6te de
la grande lie, et que, par consi^quent, les nombreux navires de toute nationulite qui s'y
iivrent h la pccbc, usent d'un droit incontestable et inconteste. Cette solution est trop
puerile pour s'y arrdler.

On a songo aussi h nous donner unc compensation en argent, h nous proposer
ie rachat de nos droits. Mais a qui reviendrait cet argent ? Certes, je connais plus
d'unarmateur qui, s'ils ne songeaient qu'ilt leurs int^r^ts, accepteraient avec empresse*
ment I'occasion de sc retircr d'unc Industrie qui est soumise k des vicissitudes
diverses.

M. le Comte de 'freveneuc. — Et nos populations maritimes, que deviendraient-
elles?

M. I'Amiral Vcrou. — Mais nos armateurs n'abandonncraient pas, le coeur leger, tous
ces braves marins qui, de p^re en tils, vivent de ces grandes pfichcs ....

M. le Comte de Triveneuc. — 11 s'agit de 10,000 families, c'est-A-diro de 50,000
person nes k peu pr^s.

M, I'Amiral Veron. — . . . Et dans les m^mes maisons d'armcment. Et puis, notre
Gouvernement a 1^ des interets qui ne se payent pas.

Du reste, en ce moment, I'espoir renalt parnii nos marins de voir refleurir la prosperite
de leur Industrie. Cette ann^e la morue, u Terre-Neuve, a fait comme la sardine sur notre
littoral, elle est revenue 5 la cute, comme Ton dit. Et si I'armuteur se voyait assure pour
I'avenir do la possession paisible de ses droits, je ne doute pas que plusieurs navires
nouveaux ne se dirigeassent vers ces cotes, durant la campagne procbaine. Cette solution
proposee ne pent done 6tre acceptee.

Parmi les hommes du parti modere de Terre-Neuve qui jugent bien qu'un moyen
radical n'a pas de chance de icussite pour nous iaiic abandunner nos droits, il y en a qui
Bongent a detruire notre industric en la rendant incapable de lutter avec les pfichcurs
Anglais. Alors ils ont imagine de faire pressentir notre Gouvernement sur la possibiliti?
d'enlever la prime k nos armements. Comme nous sommes obliges d'aller p^cher i^ 900
lieues de chea nous, de tout emporter sur uos navires pourvivre sur une c6te iidiuspitali^re
et inhabitee : vivres, bateaux appelets de p6che, objets de toutes eortes pour la preparation

is me livrer nurait

je deviendraient-

ne la Inissera plus sortir.

et I'exnortation du poimon, il nous scrait diftlcilc de prodiiire & ausiti bon compte que leH
Terre-Ncuviens installds chez cnx et attendant trnnquillcnieitt (|iie la Haison vicnnol Alorn
Sana la prime, il va dc suio que nous abandonnerions la vCtle, Je n'ai pas besoin de
rnppelcr id lea raisons majeures (pie, depuis si longtcmps, on n fait valuir duns le Parlenient
pour justifier de conserver la prime a nos grandes p^tliei.

Je ne pense pas que pour piaire il nos voiHins nous rcnoncions ii une loi qui donnctant
do force vivc in notre marine miiitaire.

Enfin, on nous proposera, devant notre r/'solution de garder les Traites intacts, de
|)rolonger le modus riventii adopte I'an dernier par les deux Couverneinents,

Ah ! Monsieur le Miiiistre, cc n'est pas vous qui avez signe cet Arrangement provitoiro,
je I'cspire, et Je vous en felicitc, car ce provisoiic pourrait bien etre le commencenient de
!a d^clieanco dc nos droits. II nous eloignc bicn, en tout cin, do la declaration faite h.
cette tribune par deux dc vos prcdecesseurs.

En resume, dans cette discussion, nous sommrs en face do I'Angletcrre t\\\\ a latutello
de sea Colonies. A la tfite de la petite Colonic dc Terrc-Nenvc se trouve un Parlement
turbulent (|ui parait fort pcu s'inipiidtcr des diflicultes cpie ses rcvcndications intcmpestives
peuvent creer t\ la mirc-patrie. Les liobitants do 'rerrc-Neuve oubiicnt que nos droit?
exclusifs de p^ehe, nous les jioss^dons apr^s avoir redo i\ I'Angletcrre Ic sid sur le(|uel ih
vivent. Mais pour modifier un Traiti's il faut lo eonsi'ntement ties deux Parties ContraiJ-
tantes, et Jc rcste convaincu que si, iicus trouvant en presence dc propositions inacccptables,
nous continuous h rcvendiquer I'cxecution integralc dc ce Traite, TAngletcrre qui, dans lea
derni^rco ann^ea, n prfitc unc oreillc trop indul|,'cnte aux pretentions mal fondles de sa
Colonic, saura lui unposer dcsormais une reserve dont elle
(Tri-s bicn ! trfcs bien ! i\ Droite.)

M. le President. -'Im parole est h ^1. le Ministre des Aftiiirea Etrang^res.

M. Ribot (Ministre des Affaires Ktrangi^res). — Messieurs, je comprends tria bicn
I'interfit manifcste par M. TAiniral Veron h I'egard des populations maritimca qui trouvent
h Tcrre-Neuve non seulemcnt une ecole admirable pour sc former li la marine miiitaire,
niaifl aussi dca ressources precicuses, neccssaircs h la ricliesse de plusicurs de nos ddparte-
ments.

Le Sdnat sait h quelles vivcs discussions ccttc question de Terre-Ncuve, qui date do si
longlemps, a donne lieu dans ces derniers mois.

La population de Tcrre-Nouve a cnvoyc ii Londres des Deldgu^s qui ont fait des
efforts multiplies pour amener Ic Gouvernement Ani;lais i\ prendre une attitude un peu
ditlerente de eelle qu'il avait eue jusqu'i\ present vis.j\-vi9 de nous, unc attitude plus
pressante.

Le Gouvernement Anglais a cru devoir se faire, aupr^s de nous, I'interprtite de ces
intentions.

Je n'ai pas u entrer dans Ic detail de sea propositions. Je dois dire seulemcnt nu
Senai — et il le aoup^onnait d'avance — que nous les avons rcpoussdes. (Trda bien ! tr6s
bien !)

Nous n'acceptons pas, par cxemple, qu'on nous offre, en d'change de I'abandon de nos
droits, une indemnit<5 p^cuniaire. (Nouvelles marques d'approhation.)

Nous n'acceptons pas davantajic que Ton veuille intcrvenir, meme d'une maniere
detournd'e, dans notre legislation intdrieure et qu'on nous dcmande, sous quelque forme que
ce soit, I'abolition des primes, ou seulemcnt la diminution de primes que nous sommes
maitres de fixer, sui'/ant notre appreciation, dans un inter^t sup^ricur, celui du de'veloppe-
nient de notre marine. (Applaudissements.)

Jc ne crois pas que le Cabinet Anglais ait etc tr^s surpris de notre r^ponse, trfes ferme
mais en m6me temps trds amicalc.

II nous a annonce qu'il ^tudierait d'autres propositions et qu'il nous lea soumettrait.

Quand ellcs nous seront faitcs, nous les examincrons avec soin. Ce n'est pas h nous
qu'il appartient de prendre les devants ni de paraitrc presses. (Trcs bien ! tr^s bien !)
Dans cette question, nous jouissons d'une situation qui a et^ souvent determinee j\ cette
tribune. Nous exer<;ons nos droits, nous n'avons pas i proposer des cchanges. Nous
n'avons pas a apporter de modification h noire maniere d'etre, tant (pie lea nouvelles propo-
sitions qu'on nous annonce ne nous auront pas etd soumises.

En attendant, il est ii noter que les pecheurs l''ran(;ai8 (|ui, <\ certaines epoques, ont
' &it valoir des motifs de plainte, sont satisfuits de la cainpagne derniere; ils ont ete plus
nonibieux que jamais ; nous nous phiisons k le coiistater ici, Ic nombre de nos vaillants
marinft qui vont soit au Grand lianc soit au " Frcncli Shore" chercher des moyens
d'existence et developper les grandcs qualitds de notre race, s'augmente d'annde en ann^e.
(Approbation.)

lis se 8ont plaint quelquefois, disions-nous, que leurs droits n'^taient pas ddfendus
[84] K 2

VP* '*W

PI ii^ayuif^

i' •

1 1

nvec assez de vigilance. Cclte ann^ — jc fiiis appel nux reprdRentanta de cea populntionn
mnritiinca — ;jo lea ai cntcndus, ils nc mc contrcdiroiit pn«, Hi j'atfirme (|u'cllei aont abMolu-
tnent siitiaraitcM, nun scuicnient dcs rdiultats du Iciir pOclic, mala du In inunieir dont ieura
droits ct leurH intdr^ta ont 6\i soutcmm par le C'uinniandant de notrc Hotille ct par lo
Gouvrrncmvnt rran^uiH, (TrOs bien ! tres hion !)

Dana cctte Rituntion, nous continucruna ii attendre dcs propositions. I.a (jucstion cat
didicile, (^piiieusc ; cite reniontc d<!>jit ii iino cpcxjuu tri-A ancieiinc, nous iii> pouvoiis pna
avoir la pretention dc la riJsoudre en un jour. Jc \v ropote, nous ntlendrons li>s proposi-
tions qui nous scront faites ct en Ich attendant, nous rcsterons sur Ic terrain o(i nous
tomnics, trt^s resolus ik dcl'endrc avcc t'erinetu ct prudence! les int^rcts do nos nutionaux.
(Applttudissemcnts sur un grand nouibrc du bancs.)

M. h Comte de Trhentur. — Monsieur le President, jc demandc h repondro un mot
de ma place.

A/. It President. — Vous avez la parole.

M. le Comle de Tv^ventuc, — Nous prcnons actc des bonnes paroles que vient do nous
dire M. le Minislrc des Affaires I*!trung6rcs ; niais jo lui ferai rcmarquer (|u'il y a bien
longteinps qu'on nous donne dc bonnes paroles ct rien dc plus !

Notre Industrie nmrititne est prcscpie antiantic. Duns un port important, qui est
voisin de rendroit que j'babitc, il y avail huit grands navircs t'ai»ant hi pAclie <\ 'I'erre^
Neuvc il y a quclques anniVs ; il n'y en a plus un seul aujourd'hui ; il ne reste plus que
^uelques navires arinant pour I'Islandc.

Quant au modus vivendi dont nous a parle M. lo Ministrc des .MFaircs Ktrangcircs, il
cic puralt absoliiinent deplorable, cur on viole nos droits depuis longtcnips, ct on dit : il
f.^ut rester conunc cela, nous vcrrons plus tard.

Voilit un modus vivendi que vous acce|)iez dans uno certaine nitsurc ; on attend ct
rien n'arrivc! Je demandc que lea protnesscs (pic vient dc nous (aire M. le Ministrc des
Affaires I^trnngures deviennent des uctes, ct cpie, dans un uvenir tr^s procliain, nos
urniateurs sacbent h (|uoi s'cn tcnir, paicc que, cctto annee, conimc Ic disait tout h I'beurc
M. I'Amiral Vcron, les morues qui nc venuient pas depuis longtenips h la cole, y
arrivent en al)ondance. Si un arrangement favorable k nos nmrins avail ele fait, il y auiait
certainement cu des armcments pour la procbainc peclic, et uvec la situation actucllc, ils
ne se feront pa.s.

M. le Ministre des Af aires J^tranyhes. — Je constate, .Messieurs, que nos armenients,
loin de diminucr, sont en progres , ct (|ue, tti Ton preud les statisticpies des derni^rcs
annees, on voit que le nombrc des marins employes ii ecttc p6che a etc en croissont.

M. le Comte de Treveneuc. — El|c t'tait tombee nbsolument !

M. le Ministre. — Elle a pu tomber t\ une certaine epoque, muis elle se releve dans des
proportions tout i\ fait rassurantes pour I'avenir.

Je constate, en second lieu, que ni M. Ic Ministrc dc la Marine ni moi n'uvoiis regu
auuune plainte sur lu maniirc dont la p6che s'est exerc6c dans lu derniere campagne, ct j'ai
cu la satisfaction dc recueillir, de la boucbe niemc des S<5natcurs et des Deputes repr^sen-
tant ces regions, Ic tcnioignage que les inter^ts et les droits de nos niurins n'etaient nulle-
nient en souffrancc.

M. le Comte de Treveneuc. — Jc suis (^galciiient, M. Ic Minstre, le reprdsentant d'un
pays maritime, ct je vous assure que dans les C6tes-du-Nord ct dans la Manclic il n'en est
pas ainsi ; nous n'urmons plus ; nos navires se louent pour Ic cabotage.

M. le Pre'sident. — Personne ne demandc plus la parole ':'.,..

Nous arrivons, Messieurs, au cbapitre premier.

No. 36.

Colonial Office to Foreign Office. — {Beceived January 1, 1891.)

Sir, . - Downing Htreet, December 31, 1890.

I AM directed by Lottl Kiiutsford to transmit to you, for tlio information of tlic
Marquis of Salisbury, a copy of a letter and its inclosiires from tbe .Vdmiralty
respecting an action tbrcatened against Sir H. Walker for dosing tbc lobster factory of
Messrs. Payzant and Pi-jisor, at St. Paul's Bay, Newfoundland.

I am, &c.
(Signed) R. H. MEADE. .

\ rt'pondro un mot

i se releve dans des

H. MEADE.

» _ •" fnclnMUit' 1 ill No. Mil.

A<liiiiriiltif tn Colonial Offiri'.

Sir, Aihinriillfi, fhrpnihi-r \(\, IHDO.

1 AM «'(»(miaii(l((l by 111" li'U'ds ('oininiHHiuiU'rt ol" tlic Adiiiinilty to ti'iuisniit, I'or
the in'ormafioii of tlic St'crt'l.-iry of Stiitf for (lie ('oloiiii's, ii li-tti-r from C'a|itiiiit
Sir Utildwiii Walker, of llcr Miiji'sty's sliip " Ijiii'iiild," (latt'tl fiio IDlli Novomhrr,
forwardiiii^ ('on'i>.s|)oii(l<Mui^ rrlativtt to tlit* ailt>u:(>d cloHiiiif of a lol)st(>r Imttory 1)t'loll^illg
to Mcssi-s. I'nyxHiit mid I'mHor, sitiiatrd in St. Paul's H;iy, Ni'ufoimdlaiul.

1 am, &(',
(SigMod) EVAN MACGUEdOll.

Inclosiu'P 2 in No. HO.
Coplain air II. Witlkn to Vicr-Admiriil IVntson.

(Extract.) " EnifiaUl," at liermuda, November 19, IHOO.

I HAVE tlio honour to indoso corrcspondt'iuri! that lias takoii placo lmvin{f
reference to n lobster factory bcdongiii;; to Messrs. I'ayzant and Fraser, vituntcd
in St J^auIVs Hay, Newfoundland.

This fact )ry, wlien visited on tlie 2StIi May by the " Pelican," uas in the
course of erection, ai\d the man'»ii;(,'r was •^iven the notice of tlio lOth May, warning him
of the modus vireiidi. On i\u\ !Jrd .lune I visited ^^es8rH. J'ayzant and Fraser's
factory at Uonne Hay and s!iw Mr. Payzant himsel.*', with whom I had some conversa-
tion ns to th(! Ilshiiiif grounds claimiHl by A[e.ssr.s. Mokeler aiul llolaiian. but no
mention was maih* of tlie St. Paul's Bay factory, nor was any request to Ix* allowed to
work made.

Mr. Payzant, in his interview with Commander Uiddel, informed him that
some oHicer t(dd him in Aua;ust that ho niij^ht continue workina:, but he is mistaken iu
the date, as neither the " Pelican " torpedo-boat nor this ship visited Donno Bay
in August, and, as a matter of fact, no oflicer except Lieutenant Sim))son had any
intercourse witii him or his manager on the subject, and Ik; only on the 17th June.

In conclusion, I beg to add that I have received service of no writ, uor have I
authorized any solicitor to accept service on my behalf.

Inclosure 3 in No. 36.
Commander Riddel to Captain Sir B. IValker.

Sir,

" Pelican," at llalifa.r, November 9, 1800.
I HAVE the honour to forward herewith a communication, dated the 8th instant,
addressed to me by Messrs. Drysdale, Newcombe, and Mclnues, solicitors, of this city,
who have been instructed to represent Messrs. Payzant and Eraser in regard to a claim
which they make by reason of the non-working of their lobster factory at St. Paul's May,
Newfoundland.

2. The factory in question, a new one, wao one of those on which notices not to
work until your sanction had boen obtained was served, tlie date of service being the
28th May.

3. Erom information obtained at Bonne Bay at the latter part of September, this
factory was worked from the 1th to the 28th September, 1890.

I have, &c.
(Signed) D. M. RIDDEL.

Inclosure 4 in No. 30.
Messrs. Drysdale, Newcombe, and Mclnnes to Commander Middei.

Dear Sir, 35, Bedford Row, Halifax, November 8, 1890.

WE have been consulted by Messrs. Eraser and Payzant, and retained to represent
their interest with regard to their claim for damages sustained by reason of the closing
of their lobster factory at St, Paul's Bay, Newfoundland, in May last. We are

instructed tlirt you arc tlic ofTicor uuiUm* wlioso direction tlicir o|)erfitions were stayed,
and Iiavc no doubt tliat you are familiur witli tlic M'holc situation. Hy reason of what
Avas done, our clients iiave lost their season's business at the factory in question, the
prolits upon which would, accordii;!,' to their estimation, and having rei^ard to tho
catch of jn-evious years, have aniounti'd to 'i.OOO dollars. They claim this amount, and
H is our o]>inion that you or Sir l^aldwin Walker, lunler whose command we believe
you were acting, are the only pei-sons against •vhom our laws give redress. Unless,
therefore, you aie in a position to hold out reasonable assurance of compensation
through another source, we are instructed to institute* an action in the Supreme Cmirt
here against yo»i (or Sir Baldwin if he prefer to assume tiic responsibility) to nrover
tlie amount of damage sustisined.

We are instructed to say to you, however, and wo wish it understood, that our
clients make no complain.t against you or any of the Ih'itish officers of harsh treatment,
but fully recognize that what has been done was in pursuance of duty having reganl
'o instruction received. We merely claim that there is no justification to be found in
any British or Colonial Law or 'I'reaty for the coni-se which has been a(loi)ted, and,
therefore, that all who have taken part in staying the lawful operations of our lobstcH'
packers on the coast of Newfoundland are Mrong-doers.

As you will, Ave understand, bo leaving this port within a few days, we nuist ask
for an immediate reply, with a statement of your intention in this matt(>r, and it
the claim is to go in suit, Ave Avould like the nanu' of yom* solicitor her<> Avho Avill
accept service.

We reni'i.in, &c.
(Signed) DRYSPALK, NEAVro^rUE, a\i> :>roTNNER.

Tnclosuro r> in No. 3(5.
Afr. Grant to Mefsrs, Dijisdalc, Xpircomlie, and yfrlnnrs.

Uentlemen, " Emerald," at Halifax, Noremher 10, 1800.

I AM directed by Ca|)tain Sir BaldAAin Walker to acquaint you that lu^ lias been
Informed by Commander iUddel of the substance of your letter of the Hth instant to
that officer rclatlAO to a claim made by ^[essrs. Eraser and I'ayzant for compensatiou
for damages sustained bv reason of the c'osing of their lobster factory.

In reply thereto. Sir lialdwin Walker directs me to inform you that Commander
Riddel AA'as acting under his instructions in this matter, and that he (Sir Maldwin) is
prepai-ed to assiune all rosponsibility, and requests that any action taken may be
against him.

I am also to inform you that Sir Baldwin Walker is unable, at this moment, to
advise you how he intends to act in this matt^n-, but Avill do so at the earliest
possible date.

I remain, &c.
(Signed) GEO. GRANT, Asxlstant Paymaster.

Inclosure in No. 30.

Messrs. Drysdale, Newcombe, and Afclnnes to Captain Sir D. iValker.

Dear Sir, 35, Bedford Pow, Halifax, November 10. 1890.

WE beg to acknowledge your letter of this date in reply to ours of the 8th instant
to Commander Riddol.

We understiiiKi that you will be leaving here to-morroAV, and it is necessary, in
order to give ouv Court jurisdiction in thin mutter, that the Avrit should be served in
this province. We do not wish to give the Avrit to the SherifT if you are \\ illing
to name a solicitor here. Will you be good enough, therefore, to advise us immediately
as to Avhether you Avill authorize a solicitor here to accept service for you, and who the
solicitor is; otherwise, Ave se(> no course! for tho prote(!tion of our cli(>nts but to have the
writ served to-day in the usual manner. If you desire that this claim should stand as
at present for a short time, say, two or threo months even, ayc shall agree, provided only
you Avill undertake that in the event of no settlement a tiolicitor hero Avill accept
service for you.

AAvaiting vour reply, yours, &o.

(Signed) DRYSDALE, NEWCOMBE, and McINNES.

•erations wero siayed,
Ky reason of what
•tory in quostioc, tlio
liavuif» n'i!;ar<l to tlio
aim this amount, and
L-ommnnd wc IjcUcvt^
;ivo redress. Vnless,
mce of compensation
II the Supremo ('ourt
tonsibllity) to nvovcr

understood, that our
"s of harsli treatment,
duty havini;; regard
L'ation to ho i'ounil in
s been adopted, and,
•ations of our lohsttT

V (lays, wo must ask
II this matier, and if
icitor lu^re who will

A\n McTNNES.

No. 37.
Coloiiiul OJice to Foreinn Office. — {Received Junuury 6.)

Sir^ Doirnluij Street, Jun>ittiy 5, 1801.

I A^r directed hy Lord Knutsford to transmit to yon, for the information of tho
!A[arquis of Salisbury, copies of tho Reports of the naval ollieers on the Newfoundland
iisheries for last season.

Copies of these Reports have been Ijrwarded to tho Governor of tho Colony in a
dcspateh, of which I am to inclose a copy. eallin<; (he attention of his (Jovernment to
certain points in them ; and Loid Knutsford has informed the Lords Commissioners of
the Admiralty that ho concurs in their i)roposal to express approval of the procccdinsjs
of the ollieers.

I am to re(|uest that you Avill invite Lord Salisbury's attention to ])ara5;raph 2
of Sir H. Walker's letter as to the detrimental elTects of tho illicit trailic in
spirits conducted by the masters of certain Fi-ench vessels frequentin!» the coast. It
is for his Lordsliip's consideration whetlier this matter sliouhl not bo brought to the
notice of the rreneh (Joveriunent, with n view to seeurinsf their co-operation in
j)utlinji; down this trallie by restiletions on tho export of spirits from St. Pierre and
Miquelon.

I am, &e.
(Signed) HOJIURI' G. W. llJiilBlillT.

finirs.

Noremher 10, ■]HS)0.
on that he has been
r th(> Hth instant to
nt for compensation
ory.

on that CommandtH"
t he (Sir Maldwin) is
jtion taken may be

at this moment, to
so at tho earliest

is! stunt Pai/iHaster.

Inelosure 1 in No. 37.
.[dinballtj to Colonial Office,

Sir, Admiialtij, November 21, 1890.

I AM eomnianded by my Lords Commissioners of the Admiralty to transmit
herewith, for the perusal of tiie Secretary of State, a letter from the Vicc-Admiral in
command of the North American Station, dated tho 5th instant, on the subject of the
New foundland fisheries.

A h'tter from the Captain of iler ^Majesty's ship " Emerald," dated the
20tli October, fiu'wardinj; his U(>port on th(; lishery season of ISOO, which formed
the in(dt)sures to the Commander-in-chief's letter before (luoled, is also attached.

jMy Lords desire me to add that they propose to approve of the proceedings
of the ollieers commanding ll(>r iMajesty's ships engaged on the Newfoundland
fisheries this season, and they will be glad to learn if tho Secretary of State
concurs in this approval.

I am, itc.
(Signed) EVAN MACGKEQOK.

J. Walker.

Joreml>er 10. 1890.
rs of the Hth instant

id it is necessary, in
iiouKl be served in
if you are viilling
vise us immediately
)r you, and who tho
11 ts but to have the
iiu sliouhl stand as
igroo, provided only
)r here will accept

ANO McINNES.

Inelosniv 2 in No. 37.

Vice-Ar'mirul Watson to Admiralty.

Sir, " Bellrrophou," at Ilalifnx, Nova Hcotia, November 5, 1890.

I HAVE the honour to submit Reports on the NiMvfoundland Iisheries for the
season of 1^90, from Captain Sir JJaldwin "W. AValker, Rart., of Jler Majesty's ship
" Emerald,' and the otbcers CDminandiiig Her Majesty's ships •' rdicaii " and
"Torward," who were serving under his imiers.

2. In my letter of the lOlli December, 18S9 (paragmph i), forwarding tho
Reports for the year 1889, I advocated the establishment of ielegraidiic communication
between Ihig Ray and I'ort Saunders, but this has not been done, and Sir Raldwin
AValker reports having found the want of it most inconvenient; I therefon* again
strongly recommend it being at once established.

3. Tlie coal dep6t at i'ort Saunders has been established, and has proved of the
utmost benefit.

i. Whilst controversy is going on it is absolutely necessary to have a steam-boat
employed on the coast, with liead-ciuarters at I'ort "Saunders.'and 1 would strongly
recommend that a picket-boat should be sent from England early next spring," so

tliat slu! iiKiy hi; littcd under Captiiiii Walker's supervision' to take the place
ol" second cliiss torpedo-boat No. 62, which was lost-

'). As M'ill he observed by Sir Baldwin Walker's Ilejjort, paragraph 9, no steps
whatever have been taken in respect to the niarkins* of" schooners, and I Avould most
earnestly suiygest the desiral)ility of the Newfoundland Government being called upon
to enforce tliis very necressary provision.

6. The season has passed olf quietly, and this is due to the great moderation
evinced l)y the l"'rench Commodore and his oflicors, and to the tact shown by Sir
Baldwin Walker, to whom great credit is due, an<l he ai)pear8 to have worked most
liarmoniously with his French confreres assisted by Commander Riddel, of Her
Majesty's ship " iMicau," and liieutenant Gray, of Her ^Fajesty's ship " Eorwanl."

I have, &c.

(Signed)

G. W. WATSON.

Inclosure 3 in No. 37.

Captain Sir B. Walker to Vice-Admiral Watson,
Sir, " Emerald," at Halifax, October 2!), 184)0.

HEEEWITH I beg to forward the Fishery Bcports of Her ^tajesty's ships
"Emerald," " rdican," and "Forward," employed on the Newfoundland Division
during the season of tlic present year.

2. Her Majesty's ships "rdicjiu" and "Forward" have been stationed almost
entirely on the portion of the coast subject to Treaty obligations.

3. Both Commander lliddel and Lieutenant-Commander (!ray have done their
work zeahmsly, and ably seconded my efforts to obtain full i'lformation on the
allocation of the inhabitants of the Treaty Shore. Of the north-east portion, of
which less is known, a very rough estimate of the agricultural value of the
land was attempted. This, with other information at present incomplete, I hope
to forward shortly.

i. The season has been, till the latter part, a line one, and comparatively
free from fogs, but large (piantities of ice werv met with througlumt, whicli
rendered navigation dangero\is. The Straits of B'dle Isle were not clear till July,
and evcMi to the end of September icebergs of large si/e and in great numbers were
met with.

5. The number of occupied French rooms on the north-east coast has further
decreased, there being four this year against six last, and of these one was only
occupied till the 25th July, the crew going on the Banks after that date. On the west
coast there has been an increase in the juunbers, the lobster factories at Brig Bay and
John ^feagher's Cove having men engaged in the cod fishing, in addition to the lobster
industry.

G. Sixteen French vessels visited St. George's Bay, but only thirteen for bait ; of
the?e, never more than twelve were present at one time, and they had obtained all they
required by the 2()tli ^Iny. Several American and Canadian vessels likewise came to
this bay for baiting purposes.

The other occurrences at this i)lace have formed the subject of separate llei)orts.

7. I would call especial attention to Lietilenant-Coinmander (Iray's llepdrt with
respect to the size of th(! mesh of coil-traps and nets used on the ncn-th-east coast ; it
is nci to be wondered tiiat the shore Hshing should fail year after year wlien such
ruinous methods are pursued.

Altiiough ground bultows, which eatcli the spawning fish, may not be injurious
where proj)er means of reu;ulatiiig tli<> lishcry exist, when used in conjunction with
c(Hl-traps and other nets, the mesiies of wiiicii are small enough to catch the immature
lish, i\otliing but exhaustion can result, and that sueli is tiie case in some of tlie
Imys of Newfoundland I do not think will be denied by any one. The east coast
is tlie oiu' that has especially sulfered, and is tlie coast on which lurts, Sec , of illegal
size hav(> been principally used. In the Fishery Report of 188;{ attention is called to
the illegality of the nets due to the snudlness of tiie mesh, showing the evil to
be of some standing.

The jigger to which Commander (Jraham called attest ion last year, and of which
the French Commodon" complains -this shouhl also be made "'.legal.

Cod seines and cod nets are condemned as most injurious by all the fishermen
whose opinion is reliable.

' to tako (ho i)laco

[itagrapli 9, no steps
rs, jind I would most
iiit boiii!,' called upon

lie f»reat moderation
• tact shown by Sir

have worked 'most
ler lliddel, oP ller

1 ship " EorAvard."

3. W. WATSON.

, October 21), 1890.
tier ^rajesty's sliips
ffoundland Division

en stationed nhuost

ray have done their
information on the
rfli-east portion, of
ural value of the
incomplete, I hope

and comparutively
thr<)U!,'h()ut, whicii
not ciear till July,
jreat nunihors were

coast has further
lieso one was only
date. Outhowes't
es at Brii,' ]}ay and
ition to the lobster

irtecn for bait ; of
d obtained all they
'ikewise came to

separate lle])orts.
ray's JU'p(,rt with
•rtii-east coast ; it
year when such

not be injurious
conjunction Mith
tell the immature

in some of the
The east coast
Is, itc . of ill('<ja[
ntion is called to
w'm>^ the evil to

ar, and of which

all the fishermen

I believe it is contemplated by the Legislature to give local option in the matter
of the methods of fishing. I feel sure it would be most beneficial and popular, for in
many places they already have local regulations, though unable to enforce them should
one of the community prove obstinate. But no legislation of this sort is of much real
use that does not deal with the question of the wandering sclioonei-s ; these follow the
fish, to the detriment of the residents, disregarding all laws.

8. The rivers are gradually being ruined by the systematic barring and netting,
the cod-traps lending valuable aid in hastening the extinction of salmon.

9. The nameless vessels have again formed the subject of written and verbal
complaints on the part of the Trench Senior Olficer. Several of these vessels have no
papers, no colours, and are not properly marked, turning wreckers when opportunity
ofFttrs, and committing acts which are an outrage to civilization, and which would be
tolerated in no other country or Colony. Aflftdavits of the masters of several vessels
improperly marked have; been obtained, showing that the Custom-house authorities
took no measures for enforcing even the present inadequate laws.

In some instances vessels had a Custom-house clearance, but no registry or
colours.

The fact of the " Ready," in 1889, having marked some of the offending vessels
whi(5li she met at Kirpon is given as a proof tliat they were unable to comply, but I
beg to submit that this inference is not a correct one, for Kirpon, being on the Treaty
Shore, was neither their port of registry nor of clearance, and that some are marked,
or partially so, shows it is not inability, but wilful culpability.

10. The alleged interference by the traps of the Port Saunders factory, and the
working of the modus vivendi, have formed the subject of s))ccial letters.

11. A'quan-ol which commenced in 1889 between Captain Philippe, " Frud'-
hommc" of Brig Bay, and Louie Caveau, about the price to bo paid for the nsc of
Garoux's fishing stage and the amount of compensation for some smuggled brandy
which was stolen by some of Philippe's men, at one time threatened to become a
serious menace to the otherwise quiet season. I was, however, able to arrange it
by arbitration, and the sum of 20 dollars was paid Gareau in satisfaction of all
claims for 1889.

I, at the same time, desire to call attention to statement of account on p. 25,
which speaks for itself. I may add that this illicit traflic in spirits is especially
detrimental, and adds much to the poverty and misery of the inhabitants.

1 2. The correspondence on the supposed outrages by the French at Port-u-Port
shows how garbled were the accounts of the various incidents as published by the
press. These descriptions wen; truthful as c()mj)ared to some of the reports, for which,
in many cases, there was absolutely no fouudaticm, tlu; announcements often emanating
fromtlu! agents of meml)ersof a r(\jectod political party.

i;j. A further Report as to tlu; Prench fishery and claims for compensation for
lobster factories which closed owing to the moduK vivendi will be forwarded as soon as
all the necessary details are obtained.

II. The torpedo-boat which was this season stationed o;i the north-west coast,
witli her head-quarters at Port Saunders, I found of the greatest assistance, the fact
of her having steamed since leaving llalifax till slu; broke down oil" Port-i\-Port,
when the low-pressure cylinder cover cracked, upwards of 2,500 miles, shows her
utility.

I hav(! nnich pleasure in bringing to your notii'c the satisfactory manner in
wiiich Lieutenant Weigall performed, for a secoiul time, the sj)ecial duties intrusted
to him.

I have, &c.
(Signed) B. W. WALKER.

Indosure 4 in No. 37.
General Remarks.

THE season on the Banks has been a very poor one, worse than last year. Six
Newfoundland bankers wore missing when I left St. John's ; five since the gale of tho
25tli September.

The sliore fishery has been only fair, but better than the previous season ; on
portions of the 'I'reaty Shore it has been very fair, especially in the neighbourhood of
St. George's Bay and Port-i-Port. The Preueh at Red Island have not done well.
[841 L

At Port-au-Choix, at the commencement of the season, cod was very plentiful, but
during the latter part bait was scarce, and comparatively little was done after the
middle of August.

The early herring were abundant in St. George's Bay, though late in striking in,
but the price is low.

The salmon fishery on the cast coast is the best for the last ten years, not-
withstanding large quantities of ice late in June, which interfered considerably Avith
the nets.

Capolin were plentiful on the oast coast, but not so on the west. Squid were
scarce throughout the Treaty Shore.

The season on the Labrador, tliough very late in commencing, has been one of
the best for twenty years, the take of cod exceeding last year's catch by about 50 per
cent. ; the flsh were also much uncr and thicker than usual, but the herring were
scarce.

A small portion of this coast, of which Eed 13ay is the centre, was the exception
to the general rule; on tliis portion the cod fishing was a failure, and herring
very scarce. The people will, in consequence, require assistance during the coming
winter.

(Signed) B. W. "WALKER, Captain,

Her Majestrjs ship " Emerald."

Inclosure 5 in No. 37.

good

Commander Riddel to Captain Sir B. fValkrr.

Sir, " Pelican," at Si/dnei), October 15, 1890.

I HAVE the honour to make the following Jlcport on the fisheries of the west
coast of Newfoundland for the season of 1890.

On the whole the fishery this year was a better one than 1889, though not
The season was late in commencing, and herring did not strike the coast till
much later than usua!.

3. There was a better take of cod in Bay St. George, and the French rooms at
I'ort-au-Choix and St. John's Island have done fairly well.

1. The herring fishery in St. George's Bay did not commence until the 22nd May,
and the catch made by the residents amounted to about 20,000 barrels, or a slight
excess over last season's; 2,000 barrels were disposed of to (.'anadian and American
vessels, th.rty-one of whom visited St. George's Harbour ; 500 barrels were sold to
Ereneli vessels.

Only thirteen Erench baiters arrived this year, against s(iventy-one in 1889, and
they had completed their baiting by the 2()th May.

5. The summer and autunm herring fishery has not been good, and a scarcity of
bait has prevailed. Capelin struck the coast late and not so generally as usual.

0. The number of Ereneh vessels (including two schooners ac Bed Island) was
] 2, manned by 030 men, 115 of whom were at lied Island.

7. The Ercneli at Red Island made no complaints against British vessels or
subjects, biit those at Port-au-Choix and St. John's Island complained of the arrival of
British schooners, both in Gargaraellc Covt^ Old Port-au-Choix, and in St. .lohn's
Harbour, their crew fishing and otherwise interfering with tliem, and they also
corajjlain that the crews of these schooners used to throw overboard in the harbour
the oifal of their fish.

In each ease the masters of the schooners were warned not to impinle, or do
anything' which would interfere with, French fishing, and these warnings seem to have
had a salutary effect.

8. Tiie weather was fine from the latter part of June and free from fog, but in
September, especially towards the end of that month, strong gales prevailed, which
must greatly have hampered all fishing operations.

9. A complaint made by the inhabitants of St. George's Bay against Capitaine de
Fregatc Marquis, of the "Indre," for ordering up their herring-nets on tlie 22nd May,
has already been the subject of correspondence.

10. So far as I could ascertain, the French brought out supplies of bait
from Dunkerque, and afterwards they were largely supplied from St. Pierre and
Magdalen Islands. It is very evident that the bankers proceeded direct to the Banks

lato in striking in,

west. Squid were

from France, and this is proved by the fact that seventy-one vessels baited at
St. George's last year, and only thirteen this season.

11. With re'ference to the opinion of fishermen as to the use of cod-traps, nets,
seines, and bultows, I beg to report it is impossible to form an accurate idea, those
possessing the particular means of fishing advocating them, wiulst otliers, who are not
able to procure them, protest against their use. As regards cod-traps, many fishermen
say there is not much harm in them if a 4-inch mesh is used.

The majoi'ity are of opinion tliat cod-nets set on fishing-grounds aro the worst
conti'vances possible. Cod-seines, now practically done away with, are universally
condemned as useless, and only liable to frighten aM'ay the fish. Bultows : as in traps,
those possessing them advocate their use, and vice versd.

Tliat Ihcy do keej) the fish oif the shore, and catch fish heavy with spawn, is
evident and in this way must do harm.

12. The usual size of meshes of salmon-nets is inches; cod-nets, inches;
cod-traps, 4 inches.

I have, &c.
(Signed) D. M. RIDDEL.

rroneh rooms at

one in 1S8J), and

Inclosurc G in No. 37.
List of French Vessels Pishing on the West Coast of Newfoundland in 18".)0.

Niuiio of Vessel.

Name of Master.

Number of
Crew.

Catch of
Cod.

llemniks.

(Quintals.

Lp " I.nboriciix "

I'liilippo

1I)U

Ln " Margiierite "

Land^rcn

•i.)

" •

Took nwny tlic cit'^lici
" L'Hji)|)oliti' " imd •'
Vedette.''

Lc "Pu|;ct" .,

Danu-ml

1 ,ftoo

•• L'IIy|);iiilito" . .

1,000

" L'Alcvoii "

lindoiiard

1,000

I.ii " Vedeltc " . .

• •

;t2

1,000

1,0 '-Due"

Bt'lin . .

<i2

.'1,00(1

L'.' '■ Sans Soiioi "

Vilala

2.500

Li> " Jfum- A(lol])lio "

Hodiii

:t2

K.-ioo

'•I/Rmilu--

La Laude

1,400

Kid Island schooners (two

I'ourrier

llii

2,500

The schooners ciirrv the nn

1 to

in number)

• •

(about)

St. I'ii'no, wlier,' thev
sold.

are

Total . .

636

ll,H(iO

(Signed)
" Felican," Bai/ .S7. George, October '.),'l890.

D. M. IIIDDEL, Commander.

Inclosurc 7 in No. .'}7.

Lieutenant-Cominaiider Gray to Captain Sir li. Walker.

Sir, «< Forward," at St. ./o/j»'.s, October 8, 1S90.

IN forwarding my Fishtiy Report, T have the honour to make; the following
remarks : —

2. 'I'liougii the season eommenv .M very late, and in the latter part of it bait
(squid) was very scarce, on tlie whole the cod fishery has been a fairly good one, and
considerably better tlian last year.

3. During the run eaplin were excoplionally plentiful.

A. In spite of nii)r<> tiian usual trouble with ice, (he salmon fishery was \ery good,
especially IVoni St. Anthony to Canada Ray, and at l-'leur-de-Lys and La Scie. I
reported my scizuri' of tiircc* small-mesh nets across tL > river at Sops Arm, but regret
I was not fortuiinte (Enough to catch any in Westbrook an;; Salmon River, Ari^gt> IJay.
I was inlonucd lliat tiiese latter have been most succssfuUy netted, the fish taken
lately with spawn running out of them.

[81.] L 3

B. Herring, early in the season, were plentiful, but in the autumn, when this fishery
is prosecuted, they were everywhere reported as very scarce, except at La Scie, where
they had just set in with verv good prospects, the fish being large and plentiful. This
was the last port visited on the IVeaty coast, which I left on the 5th October, at 6 a.m.
At Kirpon it was stated by some fishermen that it was no use catching many, as the
necessity for a licence had greatly checked the number of Nova Scotian schooners
visiting the port, and their market was therefore gone.

6. The result of inquiries from some 240 fishermen along the whole coast proved a
majority (including several owners) in the proportion of two to one against cod-traps,
three to one against cod-nets, and nearly six to one against ground bultows, but generally
in favour of floating ones if properly attended. The reasons are given in another
Report. Tlie jigger was also greatly condemned. In many places the inhabitants have
a local agreement against the use of one or other or all of these, but this cannot bo
enforced against coasting vessels, they being the subject of general complaint.

7. If cod-traps are allowed, it was considered a 5-inch mesh would be l)est.
Generally one from 2|-inch to 4-inch is used. The mesh of nearly all nets is smaller
than allowed by law, and caplin nets are constantly used for herring, herring nets for
cod, and so on. In fact, if the law as to mcsli were enforced, there would be very few
nets used at all.

8. Only four French rooms were occupied this year, and one was vacated after
only a month's fishing, the men leaving for the Banks about the 25th July.

The rooms at Croc, in addition to those at F'schot, St. .Tulien's, and Ilouge, arc
expected to be occupied next year. The total catches for the last three have been GOO,
1,000, and 700 quintals respectively. All three captains in charge said that salt bait
is not nearly so good as fresh. On the coast, if they have not fresh they do not fish.
Of the salt, squid is best, but ?^erring is mostly used. Sardines from France also are
fair, but most bankers get their supply of salt bait from St. Pierre.

9. The lobster factories, state of French rooms, and information as to number of
houses, inhabitants, boats, &c., called for in your Memorandum of the 20th July, arc
in separate Reports.

10. The affidavits of a number of masters of improperly marked schooners were
taken, and in all cases the vessels had received their Customs clearance and left port
as I found them.

11. Tlie boarding of the schooner " Aggie " by the French was the subject of
special correspondence. The •' Indre " was the only French man-of-war met with on
my station, and my relations with her Commander Avero of a most cordial and friendly
nature.

T liivp J^o
(Signed) ' ' SCOTT W. A. H. GRAY.

Inclosure 8 in No. 37.
Protest.

To his Excellency Lieutenant-Colonel Sir J. Terence O'Brien, K.C.M.G.,

Humbly sheweth :

THAT we, the undersigned inhabitants of Greater Covo, Trinity Bay, unanimously
protest against the use of bultoAvs or trawls. Our fishc^ry, which looked vi'i-y
promising this voyage, the past month, since tlie use of that jvpplianco, has been a total
failure.

The bultow has been proven by the Undersigned to be the most detrimental to
our fisheries of any in use at the present day, and if not remedied, it must certainly end
in destitution and poverty of this our settlement. It is useless to put down the boat or
hand-line on our shores at present, as the trawls have t\w codfish drawn down to a
depth of 200 fathoms of water, and so much bait continually kept there, the cod are
continually falling from our fishing ground. The mother fish is, and have been from
year to year, caught at their spnwning, causing a scarcity more and more according as
the seasons roll round, and will now end in completely clearing our shore of the
codfisli.

May it please your Excellency in Council to grant your petitioners a limit of
3 miles' coast-line Avest, and 3 miles east of our settlement, and miles Avide, to be
cleared of this dama^ging applianc, and pronounce a fine of 200 dollars.

A. H. GRAY.

And it i8 the prayer of your petitioners that your Excellency in Council will give
it duo consideration and grant them a speedy reply.
And in duty bound your petitioners will ever pray.

(Signed by 150 inhabitants.)
August 8, 1890.

Inclosure 9 in No. 37.
Commander Riddel to Captain Sir li. Walker.

Sir, " Pelican," at Birchy Cove, July 14, 1890.

I HAVE the honour to report that having heard rumours of an outrage on the
part of French fishermen at Fox Island River, I communicated with that place on the
lUth instant, and ascertained that on or about the 9th June last several French
schooners anchored off the river, and that the master of one of them, the " Beaulieu,"
of St. Malo, landed in the forenoon, and broke into the factor)' belonging to
Messrs. Abbott and Hill, smashing tlio windows, lighting a flre on one of the tables,
stealing the locks off the doors of the factory and store-house, as well as some fish,
ducks, and ducks' eggs. There appears to have been only one person at the factory at
the time, the caretaker, named Dennis Benoit, whoso written statement I beg to
attach hereto.

2. Renoit also reports that there were rumours to the effect that trawls, the
property of Leech, at Bear Cove, had been cut off that place, but by whom it was
impossible to say, the persons who committed the act not having been seen whilst so

engaged.

(Signed)

I have, &c.

D. M. RIDDEL.

Inclosure 10 in No. 37.

Statement of Denis Benoit, Caretaker of Abbott and Hill's Lobster Factory, Fox Island

River.

ABOUT the 9th June several French schooners came and anchored off the river.
Captain Bily, of the brig " Beaulieu," from St. Malo, landed about 9 o'clock, and in
the morning entered the factory by forcing open the door, took out a board belonging
to myself, and his crew broke the windows. Before leaving the factory they lit a lire
on one of the tables, but extinguished it on being told not to burn down th.c factory.
Before returning on board they took the locks off the factory and my store-house, also
some fish, and the ducks that were sitting on some eggs wen^ fumed off the nest and
the eggs and ducks stolen. I have been informed that some trawls belonging to Leech,
at Bear Cove, were cut, but it could not be ascertained whether the culprits were French
or Engliah, but the general opinion is that they were French.

(Signed) DENIS BENOIT, his x mark,

Caretaker of Abbott and Hill's Lobster Factory.
Witnesses to mark :
(Signed) Frederic G. Bum, Sub-Lieutenant.

A. Ellts, Petty Officer.
July 13, 1890.

Inclosure 11 in No. 37.
Captain Sir B. Walker to Captain Mare'chal.

Sir.

" Emerald," at St. John's, July 17, 1S90.

I ilAVE the honour to bring to your notice the following complaints.

The first has refereuce to the destruction of i)roperty and rob1)ory commit t»>(l at
Fox Island River by the master of the brig « Beaulieu," of St. ]\[alo ; 'the evidence of
the caretaker Denis Benoit is inclosed.

The other complaint is against some of the crew of the "Marie Emilia" of
St. l'i(>ire, the evidence of Philip Steele and Francis ^MoKcaru being as follows:—

On llio inorninif of the 22n(l June they obsoi-ved a dory hauling their traps; a
l)oat was iuiinediately launched by them in orth'r to ascertain who tlio otfcnders were.
On tlieir :i|)|)r()aeh l)ein<; observed, the euipri Is ceased their dc^predations and pulled for
the " Marie Kinilia," and having secured tlu; dory alongside went on board, previously
throniiii,' a covering over tlu; lobst<irs (at least tifty in number) in the bottom of the
boat Steele and Alcllearn Ibllowi-d the dory to tlie vessel and lifted this covering in
onler to convince themselves that no mistake had been made; they then spoke to the
muster of that vessel on the subject, but lit> ordered them away from his ship.

I would ask you to deal with the olTenders in such a manner as to deter others
fmm conunitting such acts, also to be good enough to cause the property stolen from
the factory to be restored, or compensation for its loss awarded.

I have, &c.
(Signed) B. W. WALKEIJ.

Inclosurc 12 in No. 37.

Captain Mare'clial to Captain Sir B. Walker.

Croiseur " Le La IVrouse," Port Sounder,
M. le Commandant, le \> AoiU, 1890.

J'Al riumneur dc vous accuser reception de votrc lettro du 17 .luillet, relative ii
<lcux plaint*>s contrc des pecheurs Frangais, qui vous ont et»! adressees.

1*1 premiere, est du nomm6 l)>iiis Henolt, gardien d'unc lactorerie abandcmnee
appartenant a MM. Abbott and Hill, et situce h la RiviiVc i\ Henott ("Fox Island
River"), Port-n-Port.

Co gardien accuse le Capitaine Wily et I'eiiuipage du brick le " 13eaulieu " dc
St.-^lalo, d'avoir, le 9 Juin : —

••"orce la porte de la factorerie.

Pris ime table lui appartenant.

["^ssaye d'incendicr la factorerie, en faisant du feu sur une table.

Tallin, vole les serrurcs des portes, ainsi que du poisson, des canards, et des oeufs.

Le " Im Perouse " a mouille devaiu la Kiviere a Uenoit le 18 Juin, a c6te de douze
iiavires pccheiu's Pran9ais venus sur C( point pour y ehereher du capelan, et parmi
lesquels se trouvait le " Beaulieu."

Un oflicier a visite tons les navives, et je suis descendu a terre, oil une partie des
equipages Pran^ais se trouvait rassembl»5e autour des feux allumes sur la plage pour se
rcehaulfcr, en attendant I'arrivee du capelan.

J'ai visite I'usine abandcmnee, qui ne m'a paru nuUement devastec ; tout y ctait
» i.cure en place, souf les chaudi^res.

Enfin, j'ai eu une conversation asscz longue avec Denis Benolt lui-memc, qui ne
ni'a fait aueune reclamation, quoicjue je fusse la en memo temps que I'equipagc
iricrimin6, et qu'une enciuete eut ett'^ facile u faire. Cependant, dans le courant
do la conversation, Denis JJcnoit tit en ell'et une; vague allusion i\ la tentative
(fiiicenilie dc la factorerie, mais eUc ctait si vague (pic je n'y pris pas garde et si la
ti'ntativc a rccllement eu lieu, il faiit avoucr qui; nos jjceheurs ii'avaient pa» une
voloiitc l)icii arretee d'incendi«>r I'usine (jn'on pourrait briiler avec une simple allumctte.

J I m'cst done p(>rmis dc croire. Monsieur h; Commandant, que dans ces conditions,
le ivcit des mei'aits du " Hcaulieu " est une ))uro invention entrant dans le plan dc
canipague dc calomnies entrcprises cettc aiuice par certains habitants de Terre-Neuve
contie les Prancais qui pccluMit a Terre-Neuve. Le dernier paragraphe dc la plainic
de Denis Henoit ne laisse d'aillcurs aucun doute a (;et cgard : —

" Des harouellcs Anslaiscs ont etc coupces a rAns(> u I'Ours ; quel est le coupable ?
I'^st-il Antflais, cst-il Prancais ? Porsonnc ne le sait, mais fopinion ge'ni'rale est tjuil est
Fnniciiis."

IJi ce qui concerne hi jjlainte contre la "Marin Amolie" dc St-.l'ierro, clle
prcscnte telle (ju'elle est forniulcc, le earactcre d'un fait positif avere.

II resfe a entendre le temoignai,'c du capitaine du navire Pmn(;ais ; et je
m'emjjresserai, on arri\aiit ii St.-I'i >rrc, (le le fairc interrogcr. Vous pouvez etre certain.
Monsieur le Commandant, que si K'cllement la conduitc du capitaine de la " Maria
Ami';li(! " a eti* aussi indigne (pi'clle le parait d'apn's les d^'positions de Philippe Steele
vt (1(? Francis IVlacIIern, il lui sera iniligi; le blAmc S(5v("'r(; (pi'il niijritc.

Agr(3ez, &c.
(Signij) A. MARr;CIIAL.

i. W. WALKEI5.

: Ic " licaulieu " de

'•astee ; tout y etait

(Translation.)

On board the cruizer " Ln Pe'tnuae" Port Saunders,
M. Ic Commandant, Auijusl 4, 1890.

I HAVE the lionour to acknowlodijn tho receipt of your letter of tlic I7tli July
relative to two complaints against French flshermcn which have been addressed
to you.

Tlx' fii-st comes from ont? Denis H(moU, caretaker of a deserted factorv helongin;;
to Messrs. Abbott and Hill, and situated on the Fox Island lliver, at I'ort-u-l'ort.

This caretaker accuses Captain Bily and the crow of the brig " Beauliou," from
St. Malo, of having on tho {)th June —

Forced op<Mi the door of the factory.

Taken a tabic belonging to him.

Attempted to set fire to the factory by lighting a fire on the table.

Ijastly, of having stolen the locks of tlu; doors, as well as fish, ducks, ami ducks'
eggs.

The " Lal'crousc" anchored off the river at Menoit on the ISfh June, alongside of
twelve French lishing-vessels whieli had come to that plac(> in search of cap(>lin, and
amongst which was tlu; " li(>auli(m."

An odicer visited all the sliips, and I landed M'bere a part of the Frencli crews
wer«> ass<'mble(l around Arcs lighted on the shore to warm themselves whilst awaiting
the arrival of the capclin.

J visited tho deserted factory, which appeared to me to have been in no way
ransacked; everything was still in its place, with the exception of the boilers.

Lastly, I had a rather long convei-satioii with Denis IJenoit himself, who niad(r
no complaint whatever to me, although I was there at the same time as the accuscMl
crew, and although it would iiave been easy to make an inquiry. In the; course
of conversation, however, Denis IJeuoit did, indeed, make a vague allusion to the
attempt at setting lire to the factory, l)uf if was so vague that T took no notice ; and
if the attempt really took placrc, it must lie admitted that our lishermen could not
liave had any serious intention of setting lire to the factory, which could be burnt
down by means of a simple match.

Under these circumstances, thc.el'ore, M. le Commandant, I may be allowed
to think that the report of the misdeeds ot tln> " IVviulieu " is a pure invention
belonging to the series of calumnious attacks wliicl'. have beiMi made this year by
some inhabitants of J^Vwfoundland against the l''i'eiicli who lish in Xewfoundland.
iloreover, tlu; last paragraph of Denis 13enoit's cDinplaint leaves no doubt on the
subject : —

"Some English traM'ls were cut at Hear (Jove; who is the culprit r Is he
English, is he French Y Nobody knows ; hut the tjcnrral opinion is that he is I'Vi'nrh."

As regards the complaint against the *' Maria Amelie " from St.- Pierre, it bears,
in the shape in which it is j)ut forward, the character of a positively asserted fact.

It only remains to take the cvidenci" of tlu; cajitain of the French vessel, and on
my arrival at St.-Pi(nTe I shall lose no time in causini,' bim to be interrogated. You
may be sure, M. le Commandant, that, if the eoiuhiet of tlu' captain of the "Maria
Amelie" has been really so disgraceful as apjx'ars to be the case from the depositions of
I'hilip Steele and Fivmcis Macllern, he will !)(> reprimanded as severely as he deserves.

lleceivc, &c.
(Signed) A. MABKCIIAL.

e St..l»ierro, clle

MAKfiCHAL.

Inclosure l.'J in No. 37.

Commander Riddel tn Captain Sir B. Walker.

Sir, " Pelican," at St. Johns, Amjust lo, 1890.

WITH reference to my letter dated th(> I4th July, 1890, relative to a report
made to the effect that tho factory of ^Messrs. Abbott and Hill at Fox Island River
had been broken into by the crew of a French fishing-vessel, the " Beaulieu," and that
considerable damage had been done thereby, also that certain British property had
been stolen by the same persons, I have tho honour to rejjort, for your information,
that I visited Fox Island lliver on the r)th instant, and inspected the factory in
question.

I found thai two out of tho tlireo windows had been broken, and that the third
had been removed.

A small door had been broken down and the lock taken off.

There was no table in the factory, nor were there any signs of a flro having boon
lighted in the place.

I interviewed Denis Bonoit, a resident of the place, who on tho 13th July had
made ond signed a statement to the effect that the crew of the French fishing-vessel
"JJeftulieu" had broken into the factory by forcing oi)en the door, breaking the
windows, stealing a board and locks, some ducks and ducks' eggs, and had lighted a
fire on tiic factory table ; and on ({uestioniog him I found that on that date he was
fishing at Shag Island and did not witness any of the acts which he asserted tho
rrench had done, but that he made the statement from heorsay evidence only. Under
these circumstances I beg to submit that the statement is valueless, and that no
credence can bo attached to the report as alleged against the French.

I have, &c.
(Signed) D. M. RLODEL.

Inclosurc 14 in No. 37.

Captain Mare'chal to Captain Sir B. Walker.

Croiteur " Le La Pe'rouse," Port Saunder,
]H. le Commandant, le 3 Aoill, 1800.

UN dcscrtour Fran^ais, le nommt; Garcau, s'est etabli li Brig Haic, oii il a
construit des deux (•6t«';s du Imvro plusieurs habitations avec lours dcpendaiiccs,
magasins et chautfauds.

L'une d'elles a etc lout'ic a Mr. Shearer i)our y (5tablir son usinc li homard ; une
autre est batie sur les emplacements des ctablissemcnts Francais de la Pointe de Brig
Baie, coneedes depuis deux ans au Capitaine Philippe pour y excrcer la peche.

l-ln 18S9, d^s le d»>but de sou installation, notre Capitaine, pour bien dcmontrer
son desir sinci'Tc de se livrer paisiblement a ses opemtions do peche et de faire lemoins
de tort ])ossible a un resident de la c6te, prefc'u'a s'arranger avec Gareau plutAt quo de
reelanier rcxereice strict dct son droit garanti par les Traites. Quoique gene a la plage
par les cliauifauds de Gareau, il s'installa lemieux qu'il put et loua meme des magasins
(le cet homnic. Celui-ci se montrait alors on ne pout plus aiinable et emjirosse a aider
le Capitaine Philippe.

Depuis, le ddplomble caracti^rc de Gareau ne tarda pas a se faire jour, et il ne fut
plus possible si nos liommos de eonserver de bonnes relations avec lui.

Cctte aunec la situation s'est agf;rav(''e a ce point qu'elle est devenuc aujourd'hui
intolerable ; Gareau ne se eoutente plus d'injurier le Capitaine Philippe, d'exeiter ses
Ijommcs a la revolte, il est tout pr^st a se livrer a des actes de violence.

II mouillc une trappea niorue au milieu destbnds de peche du Ca;..l line Philippe,
ref us(! do la lever, et embarque ostensiblenumt dans sa pirogue deux fusils et un pistolet
qu'il charge sur la plage devant tout le monde, criaut i\ haute voix : " Qu'on viennc
toucher a ma tra])pe iviaiutenant ! "

II menace de tucr le gardien Anglais Shepperd des etablissements du Capitaine
Pliilippe, et si j'insiste sur ees menaces. Monsieur le Commandant, (j'cst que cet homtnc
violent est capable de les mcttre a execution, uinsi ([ue le disent les n'jsidents Anglais
do la cote, qui le redoutent eux-memes. II aurait dejJi en efTet, entre autres mefaits a
son acquit, h. nioitic assassin^ d'un coup de fusil un resident Anglais habitant
aujourd'hui Les Fleurs.

Enfiu, si je dois en eroire I'opinion publiquc a Brig Baie, Gareau, dejii renie par
son pi oprc pays comme deserteur, scrait a pen prt^s considerd comme un malfaiteur par
les habitants de sa nouvelle patrie.

En resume, Monsieur le Commandant, le Capitaine Philippe est doublemcnt
trouble dans rcxereice de son droit de pfichc; par Gareau : —

1. Parcc (pu! ce dernier s'est 6tabli sur le postc de pfichc attribud au Capitaine
Philippe par le Gouvememcnt Frangais, et s'est approprie les constructions Frangaises
(jui y existaient.

2. Pai'cc (ju'll peche sur les fonds oil op6rent nos pt'cheurs, les emi)6ehe
d'exereer tranquillement leur Industrie et cela memo avec des cngius prohibds, la
trappe a morue.

3. Parce que par ses outrages, ses violences continuelles, Gareau a cree a

}D, and that tho third

of a firo having; boon

ircau, dejii renie par

)pe est doublcmcnt

lint

Gareau a crec a

Urii; Uiiip iiuf iiistTurit*' qui <'ist (loveiuu- alKsoliiiiiriil iiilolrniltlf, ct dnnt Ics uuti'os
rt'Midciits Ani,'liii«. ciix-nu'-nu's sont victimcs tout comiuo Ics prclM-urH Fninriiis.

.I(< voiiH(lfiii!iu(lt'rai, en cousniiicncc. .Moiisinir Ic Coiinimiiduiit, dc vouloir bicn
m'xorin? les incsiirt's iim'xsiiiics pour que (iiirciiu no trouldi- plus hi ptVlir do nos
lationnux a Hrii,' Maic, tant par ses o|)(''rati(»UH do pooho cjuo par mom usurpation dos
,)ia!^os (|ui nous sont roscrvt'os coulfn'Mioniont aux 'I'raitos.

Quant aux projots lioniioidos do oot ouorf,'uin^iu.', dont lo raraotoro violoiil toiiolio
j)rosqur ii la folio, jo penso qn'il doviont prudont d'on tonir uu oortain oonipto, ot (pi'il
y auruit lion do prondro, vis-a-vis do (Jaroau, dos uiosuros i)rt!VontiV(!s, tols quo lo
Ilosarinoniont, pur oxt inpio, (pii h- rondniiont inolVonsiC.

Agrooz, 4&C.
(Sigiu:') A. MAUKCllAL.

('rranslalion.)

Crnizrr " Lr Lu Nrouxe'' nt Port kSuimders,
M. Ic Commandant, August 3, IHUO.

A 1>'R^;^'CJ^ doscrttn-, namod (iaroau, i.ns (stablishod liimsolf at lU'ij; May, whore
ho has construotcd on both sides oi" tlio harbour sovoral dwollinijs, with th(>ir anncxos,
shops, and sfalVoIdiiii,'s.

Ono ol" thoui has hcon lot to Mr. Shoaror tor tiio ostablisbmcnt oi' his lobster
factory ; aiU)tlior is built on tlio sitos ol' tho Frt noli ostabiishnioiits at Mt'vj; Bay Point,
<,'rautod two years as^o to Captain I'hilippo for tho oxcroisc of his tishini;.

In 1889, at tho commoncomont of his occupation, tho Captain, in order to show
ohiarly his sinooro dcsiro to carry on his fishing operations poaeofully, and to do
tho least possible amount of harm to any resident on tlw^ coast, preferred to settle
matters witli (iareau rather than to demand tho strict exorcise of his ri<^ht as
j^uarantood by tho Treaties. Althourrh inoonvonioncod by Garcau's scatlbldint? on tho
shore, ho established himself as best he could, and even hired some shops from this
man. The latter at that tinxo showed himself as amiable as ]H)ssil)le, and anxious to
assist Captain I'hilippo.

Since then tho disreputable character of Ciaroau was not long in showing itself,
and it became no hwiger possible for (mr men to keep on good terms with him.

This year the situation has become so aggravated, that it is at present intolorable.
(iai'oau is no longer oonteut with abusing Captain I'liilippe, and exciting his men to
revolt; he is (|uite prepared to have recourse to acts of violence.

Jlo moors a coil-trai) in tho midst of Captain's I'hilippo's lishing grounds, refuses
to raise it, and ostentatiously puts two guns and a pistol on board his boat, which he
loads on the beach before every one, exclaiming loudly, " Now let them come and
touch iiiy traps ! "

Jlo threatens to kill Shopperd, the English overseer of Captain Philippe's estab-
lishments, and if \ lay stress on those threats, M. le Commandant, it is Ixrause this
violent man is capable of putting them into oxeeution, as the English residing on the
coast say, who are themselves in fen if him. He is said in(U'od, amcnigst other
misdeeds to his aocount, to have alre;iily half-murdered, by a gun-shot, an Knglish
residcMit now living at Jics Flours.

rinally, if I may believe public opinion at Hrig JJay, Gareau, already disowned by
his ow n country as a deserter, has come to be considered as a criminal by tho inha))itimt9
of liis new country.

To sum up, Af. le Conuuandant. Captiiiu Pliilip])o is (hnibly impeded by Gareau in
tlie exercise of liis right of lisliing : — .

1. ]Jeeause the latter has established hi nisei f on the lishing slati(m allotted to
Captain Philippe by tho rrench Government, and has approi)rialed the French erections
whieh existed there.

2. Mocause ho fishes on the grounds whore our lishermeii operate, prevents them
from (luietly pursuing their industry, ami that too by means of forbidden imph-meuts,
the cod-tra)).

3. Because by his (mirages and coiilinual violence, Gareau has created at Brig
Bay a state of insecurity w hicli has beconu! absolutely intidcrablo, and of which the
other English residents themselves are just as much victims as tho French Ushermen.

1 shall therelbre retjuest you, M. le Commandant, to be so good as to take tho
necessary measures lor ]iroventing Gareau from im])eding tho tlshery of our country-
men at Brig Bay, botli by his lishing operations and by his illegal occupation of tho
shores whicli an; reserved to us by virtue of the Treaties.

As to the homicidal intentions of this demoniac, whose violent disposition amounts
[8<t] M

.J- -L^tr-.-

■>

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

11.25

25
2.2

WUU

14.0

2.0

U 11.6

»'

.^ -%

^
^^#>

Hiotograjiiic

Sciences

CQrporalion

23 WIST MAIN STRUT

WCBSTM.N.Y. MS80

(716) •72-4503

.<?'

*^^

aliiumt to insanity, I think it Ijcoonios advisiiblo to taivt! si»iuo noti", <>l' tlicni, and tliat
])rev(>ntiv(! jncasuvos, such as disarniiuij,' him, niii^ht ho adopted towards Gareau, wliioh
Avouhl londoi- him int-apahlo ol' t'ltither harm.

l}c'li(!vc mo, itc.
(Signed) A. -MAUHCIIAL.

Inelosui'c IT) in No. ;}7.

VapUiin !Sir />'. Wallcer to Caplnni Marerlitil.

Sir, '• Emomhi;' at Port ifuuiulns, Aiujuxt \, 18i)(».

I HAVE the lionour to iiit'orm you that, as soon as th(! Aveathci- clears, I will
proceed to Brig Bay, and maiie full inquiries into the eonjjilaints against Gareau, and
will take such steps as may he necessary to prevent any danger of violent action on his
l)ar(.

L have, &c.
(Signed) H. ^\\ WAl.JvDJ!.

Im-iosure 1(5 in No. 37.
L'iijiidln air B. Wullccr to Captain Muic'chut.

Sir, " Emerald," Auyud 5, 18t)0.

IN accordance with your re(]uest, 1 have this day visited Urig Bay, in order to
inquire into the conduct of Louis Oareau, and I haTO the honour to inform you that I
have taken measures to insure the future pood iK'haviour of the above person. He
has also been induced to give up his lire-arms.

These steps will, I think, prevent Captain Philippe being further troubled l)y this
person.

I would, at the same time, earnestly request that not only Captain Philippe, but
all the Erench fishermen, should be desired to hold as little intercourse with Gareau as
possible, and so prevent any further cause for future irritation.

An officer will constantly visit Brig Bay to insure the p(!ace, which Gareau has
been bound over to keep, being preserved.

I have also the honour to say that the cod-trap complained of has been lifted
some considerable time, and I have forbidden any further interruption to the French
operations on his }»art.

I have, &.C.
(Signed) B. W. WALKEPi.

Inciosurc 17 in No. ;)7.
Ca plain Murcclial, to Captain Sir U. IWdker.

M. le Commandant, Croisatr " Le La Pe'rouse," Fortcau, le 5 AoiU, IS'JO.

PERMETTEZ-MOl de vous remercier du tr6s aimablc orapressement que vous
avez mis a aplanir les diiRcultes soulcvees a Brig Bale par la conduite dn nommo
Gareau, ancien descrteur Eranyais, etablis dans ce havre.

La suppression que vous avez ordonnee des armes a feu d(! cot homme violent, trop
enclin a s'en servir eontre ses semblables, ramenera la securite a Brig Baie, taut pour
les p^cheurs Eraneais que pour les residents Anglais eux-memes.

D'autrc ^mrt, la defense ([ue vous lui avez faitc d'employer sa trappe a niorue ct
de continuer a troubler les pficheurs Franfais, fera disparaitro les seuls obstacles a sa
p^che dont le Capitaine Philippe se plaignait.

Ce Capitaine a, d'ailleurs, defend\i a ses hommcs d'avoir aucune espece do relation
avec Gareau, et dans ces conditions je pense comrae tous. Monsieur le Commandant,
que toute cause de plainte future est supprimee.

Agreez, &c,
(Signt!) A. MARECHAL.

>*'\

MAIJKCIIAL.

W. AVAI.KEIJ.

(TraiisliitioM.)

Oti liotnd tlin cniizer " Le La Pe'roitse," Forteait,
M. lo CoinniJindiuit, Aiujust r», 1890.

ALLOW mo to tliank you for tlic very ainiahlo promptitude which you have
display(!(l in removing tiio difficultios at Briij Ji.iy arismj? from the conduct of one
Gni'(>aii, :i iMto J''rench (h).s('rttn', established in that liarhour.

Tin* (Ics( ruction ordered I)y you of the iiio-arms belonging to this vitdent man, too
mneli inclined to use them against his fellow creatures, will restore a sense of security
aiiior.nst tlie Frer.eii lishormon, as well as amongst the English residents themselves, in
Jhii; 15ay.

Oil ti.e otlu'r hand, your forbidding him to use his cod-trap and to continue to
impecl.' the '.'reneh fishermen Avill obviate the only obstacles to Captain Piiilippe's
lisliiiig ol' v, hicli the latter complains.

M(m'over, this captain has forbidden his men to hold any kind of communication
Avith Gaieau, r.nd, under tliese circunistane<s, I agree with you, M. le Commandant, in
thinking that all cause for future complaint has been removed.

Tleceive, &c.
(Signed) A. MAEKCHAL.

ir troubled bv this

ivhich Gareau has

W. WALKEIL

Inclosure 18 in No. 37.

Captain Philippe to Louis Gaiieau.

Date.

Vt.

Cr.

1H89.

Dol. c.

Dol. e.

Mny 15

'J'o f) imncs glass, 10 c. . . , ,

1 spur for launcb

1 00

■»

;!^- quarts kerosiiic oil

j»

20 yds. sail cloth, at 18 e.

3 60

I broom, 30 c, fi barrels (20 c), I dol. 30

0. .

1 50

•»

22 panes tila's, 10 c. ., ..

2 20

(> lbs. rape, iiO c. . . . ,

1 20

1 lot screws . . . . , .

)»

li liiinp chimneys, 15 e. ..

H ()narts kcrosine oil .. ..

39^ lbs. 6. tarred rope, 20 e.

T 00

)

100 wharf longers, 5 e. . .

5 00

2i quarts kerosine oil . .

■»

I'lbs. nails, 32 c. ; U lbs. sugar, IS

1 dol. 98 c. ..

2 30

1 quart molasses, Ui c. , 2 lbs nails, 16 c.

!•

2i quarts kerosinc oil . . , ,
]!y 5 (juarts brandy . ,

1 50

27 32

36 ditto

10 80

15 ditto

• •

4 50

.U,\'!'27

36 ditto

10 80

.50 lbs. pitch . ,

• •

Inclosure 19 in No. ;'i7.

Captain Mare'chal to Commander Riddel, June 24, 1890.

[Sec Inclosure 1 in No. 19.]

MARECHAL.

[84]

M 2

:i:

Inclosuro 20 in No. 37.

Commander Riddel to Captain Marechnl, June 26, 1890.

[Seo Inclosure 2 in No. 19.]

Tnclosiiro 21 in No. 37.
Lord Knulsford to Governor Sir T. O'Brien,

Sir, Downinrj Street, Jonuari/ 5, 1S91.

I HAVE tlio honom- to transmit, for communication to your Ministers, copies
received tli rough the Admiralty of Reports in connection witli tlio Newfoundland
fisheries, and the proceedings of He." Majesty's sh.ps for their protection during the
season of 1890.

I have again to invito the attention of your Ministers to some of the points
which I hrought to their notice when forwarding similar Reports in respect of the
season of 1889.

They will not fail to ohscrvc that Vice-Admiral Watson renews his recommendation
as to the cstahlishment of telegraphic communication hctween Brig Bay and Port
Saunders. I regret that your iNIinisters have not as yet taken any steps in this matter,
the importance of which, in tiie interests of the proper regulation of tlu! fisheries and the
presei'vation of peace, is pointed out in these Reports, and I trust that hofore the next
season commences they will liave given effect to th(> wislies of Her ]\[ajesty's (rovern-
ment in this matter.

The suhject of the marking of fishing've«scls, as to which I addressed you in my
despatch already referred to, is again raised by these lleports. It would appear that,
in disregard of the orders issued by your Ministers, the provisions of the ^lerchant
Shipping Act on this point are still largely neglected. I need not remind your
Ministers of the complaints made by the inhabitants of various parts of the coast, as
well as by the French, as to the lawless proceedings of these immarkcd vessels, and I
trust that your Ministers will not only compel a stringent compliance witli the
Mei'fchant Shipping Act, but will supplement that Act by a measure dealing with the
smaller vessels to Avbich that Act does not apply.

The only other point to which I have to call special attention is the question of
the employment of cod-traps, bultows, and jiggers. There can be no question as to the
advisability in the permanent interests of the fishery of enforcing stringent regulations
as to the use of these instruments, if not of prohibiting them altogether, and I should
be glad if your Government would take the matter into consideration, with a view to
its being permanently settled in a manner consistent with the due preservation of the
fishery, in which so great a part of the interests of the Colony is involved.

I have, &c.
(Signed) KNUTSFORD.

■i

No. 38.
Foreiyn Office to Admiralty,

Sir, Foreign Office, January 10, 1891.

WITH reference to your letter of the 17th November last, inclosing a copy of
Captain Sir B. Walker's Report of the 22n(l October hist, upon the working of the modus
vivendi during the late fishing season in Newfoundland waters, I otn directed by the
Marquis of Salisbury to state to you that it appears to his Lordship that Sir H. Walker has
shown much tact and discretion in his dealings with the French Naval authorities, and with
the local fishermen.

I am, therefore, to request you to move the Lords Commissioners of the Admiralty tf
convey to that officer a formal approval of his proceedings, on behalf of Her Majesty's
Government.

I am, &c.
(Signed) T. H. SANDERSON.

No. 39.
The Marquis of Snlishury to the Earl of Lytton.

My Lord, Foreign Office, January 14, 1891.

I LEARN from Her Majesty's Secretary of State for the Colonics that, in a
recent Eeport by Captain Sir B. Walker, the Senior Naval Officer on the Newfound-
land Station, notice is ajjain drawn to the illicit tmffic in spirits which is being carried
on in Newfoundland by the masters of certain Trench vessels frequenting the coast.

Sir H. Walker states that, in sottlinij; by arbitration a dispute between Captain
Vhilippe, " rriid'homnio " of Urig Bay, and Lewis Carrow, a small local trader, he had
received a schedule sliowing that no less than 92 quarts of ])randy had been received
I)y Garrow from I'liilippe in oxchani^e for miscellaneous stores supplied in May 1889.

This case is an instance of a constant and general practice to which the attention
of the French Government bus formerly been n\ore than once drawn ; and it will bo
remembered that in the (joursoof t lie negotiations at l*aris,Avhich resulted in the imratified
Arrangement of 1885, the French Commissioners were authorized by their Government
to declare that, immediately after the ratiiication of that Arrangement, instructions
would be sent to the Commandant of tlio Colony of St. Pierre and Mi([uelon for the
prohibition to schooners and boats fitted out tliere for fishing purposes to ship a
greater amount of sjnrituoiis liquors than slionld be deemed necessary for the require-
ments of the crew.

jVlthough the Convention has never come into eifect, Her iEajesty's Government
cannot doubt that the Frencli (jiovernnienfc will be ready to do what is in their power
to prevent a trade Avhicli is not only injurious to the revenues of the British Colony,
but indirectly tends to tiu; increase of misery and destitution amongst the inhabitants
of the coast, and leads not un frequently to disputes between British and French
subjects.

They have tlie more reason for confldeuce in this i-espec^t, as the Fnaich Declara-
tion of Versailles of 1783 contained a pledge of " constant attention to prevent the
Islands of St. Pierre and Miquelon from becoming an object of jealousy between th''
two nations."

I have to request your Excellency to call the attention of the French Government
to the continued existence of this illicit traffic, and to press vu-gently for the adoption
by them of adequate measures for its repression.

I am, &c.
(Signed) SALISBURY,

No. 40.
Lord Knntsfnrd In Governor Sir T. O'Brien.

SANDERSON.

Sir, Downing Street, January 15, 189] .

I DULY received your despatch of the 25th June last, inclosing an Address
to the Queen ])assed on the lOth of that month by the Legislative Council and
Assembly of Newfoundland,* having reference to the French rights of fishery on part
of the coasts of Newfoundland, and to the modus vivendi conciuded with the French
(lovernment for the fishing' season of last year in conneetinn with the lobster
fisheries.

I had opportunities of mentioning this subject to the Delegates of the Colonial
Government while they were in tliis country, and it did not appear to me desirable to
reply in detail to that Address whil(> other points more urgently requiring attention
were under consideration.

The Address commences by referring to tlie previous Address passed by both
Houses of the Legislature in 1889, which denies the right of the French to take lobsters
or to er(<et factories for their ])reservatioa : it alludes to the reply returned to that
Address wliich expressed the concurrence of Her ^tajesty's Government in this view ;
and proceeds to express surprise and alarm at the arrangement made for a temporary
modus vivendi. After stating that there is no law under Avhieb the French arc
permitted to erect lobster factories on any part of the coast of Newfoundland, the
Address goes on to submit that tiu^.Co](mial Legislature has full power to legislate for

* See [iiclt.iure in No. 13,

!!.

»0

the fisheries, and refers to two Acts pnssod in the Sessions of 1889 and 1890 for
creating a Fisheries Commission, and I'oi- r(>])caling tlie Aet prohihiting the nso of cod-
traps.

With regard to the projwsal lor siil)nutting the question of the lobster fishery to
arbitration, the Address ailirms that there is no question for arbitration, and that the
Colony would "be satisfied witli nothing short of the immediate removal of every
French lobster factory from the shores of Newfoundland." After offering observations
on the effect of the rrench bounties and the exag<,'erated pretensions of the French in
regard to their Treaty rights, and upon tlie refusal of the French Government to alloM'
a British Consul at St. Pierre and ]Miqu('loii, which islands are alleged to be centres of
smuggling, the vVddress concludes by ]n'aying tliat tier ^VFajesty will be pleased to
assent to the two Acts above referred to. and tliat llei' Majesty Avill relieve Newfound-
land from its most anomalous and injurious jjosition in relation to the French claims.
Her Majesty's Government have given the vicnvs put forward in this Address
their very careful consideration, and on many of the i)oints referred to therein as
regards the French rights of fishery on the coast tlu-y ai'e in accord with the opinions
of the two Houses of the Legislature, as is shown in tlu; voluminous correspondence
Avith the French Government, which was ])restMUed to tlie lni|H>rial Parliament last
Session; but Her Majesty's Government re^n^t to observe tiiat the Legislature of
Newfoundland fails to apj)rcciatc the difilculiy of urging its views on the Government
of France, inasmuch as that GoviTument holds dinmetrically opposite opinions on the
language of the Treaties and Declprations in reu'ard to tlie rights of French subjects.

Thus, in regnrd to the lobster fisheries question, Her INIajesty's Government agree
tlijvt the French have no right to erect on the coast lobster factories, or, indeed, any
constructions other than those specified in the Treaties; but. on the other hand, it
must be remembered that the Ibitisli declaration of 17>^'> undertakes that " 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 uraiilcd to them upon the coasts of the Island
of Newfoundland; and he will, for (his j)i;:jose, cause tlie fixed Settlements which
shall be formed thei'e to be removed ; " and the French Government contends that the
British lobster factories, which an; alleged to interfere with flu; French fishing opera-
tions, are consequently altogether unlawful, and should be removed.

Whilst this difference of opinion exists between the two Governments, it is
impossible for Her ^lajesty's Government, as was pointed out in my despatch of
the 10th November last,* to " force upon a friendly Powei- the renunciation of its
Treaty rights, to compel the acceptance of an interpretation of those rights which
Her Majesty's Government uphold, but which is at dii-ect variance with the interpre-
tation upheld by that Power."

I request that you will communicat(> that despatcdi to the Legislature, as well as
my despatch to you of the 2'ith .lun(> last. The former explains the result of the
interviews which took place with the Delegates of the Colonial Government who
were recently in this country, and the latter was writt(>n in reply to the Petition to t]w
Queen, signed by a large number of the inhabitants of Newfoundland, and deals with
some of the points to which the ])resent Address refers.

In accordance with the wish of the Delegates, Her Majesty's Government lately
proposed to the French Government that they should accej)t a pecuniary indemnity
and a statutory p(!rmission to pin-chase bait, as a consideration for renouncing their
alleged rights upon the coast and territorial waters of Newfoundland, and abolishing
the bounty upon all fish not consumed in French dominions. Her Majesty's Govern-
ment regret, however, that these proposals hrv.- not been accejited.

With regard to the prayer of the Petition, that Her Majesty's assent may be given
to the two Acts of the Colonial Legislature respecting the use of cod-traps and the
Fisheries Commission, you will inform the Legislature that Her Majesty's Government
cannot depart from the instructions which have already b6en communicated to you
with reffu'ence to these A(!ts.

You will inform the Legislature that the Address has been presented to the Queen,
who was pleased to receive it very graciously.

I am, &c.
(Signed) KNUTSFORD.

• See Innlosure in No. 26.

-#^

No. il.

AUiiiirulty to Colonial OJict:

Siv, Admiralty, January 15, 1891 .

WITI[ rcrorciico to your lottor ol' tlio lOtli Xovoniber, roquestinsi; that iiuiuirics
may be made r>'s|)(}cliiii>- tlio iiatmr of tlicFreudi (istablislimont ut LeCroe, Newiound-
laml, I am coinmaiidcd by my Lords Commissioners of the Admiralty to transmit
hcroH itii, lor tiic ))eriisal of tlie Secr(>tary of State, copy of a letter from the Captain
of the " Emerald," dated the 22nd nltimo, on this subject.

I am, &c.
(Siijned) EVAN MACGllEGOIl.

Inclosiire in No. H.
Captain Sir B. Walker to Vice-Adnnral Watnoii.

Sir

'■ Emerald," at Bermuda, Decimiber 22, 185)0.

WITH reference to tlie lleport called for in your letter of the 17th Nov(mibcr,
1S!K>, on the nature of the Erench establishment at Le Croc, I have the lionour to
inform you that the buildings at this place have been in existence for some years, and
are of a permanent character, beini; built of stone and roofed.

The establishment in question contains, as I'c]) resented by the Newfouudland
Government, store-houses and gardens.

It has been the custom up to last season for the Erench to buy their cattle,
sheep, &c., at Sydney, Cape Breton, and land them at Le Ci-oc for the use of their
cruizers, for until (juito lately it was very difficult to obtain fresh meat and vegetables
on the coast, and although it is now sometimes procurable, the quantity is limited,
and often in very poor condition ; vegetables in sufficient quantities are almost
unobtainable.

Three men from one of the ships used to be landed and left in charge of the
place during the season, being remo\ed again previous to their vcssi^l leaving the
coast.

The question of tlxed establisiiments having been brought into prominence of
late, the Erench Commodore decided not to use the depot at Le Croc this season, and
I have every reason to believe that it will not be occupied again.

The number of Erench rooms on the cast (joast is new so small that, except for
surveying purj)oses, the Ereucii vessels are very little (m it, being iiriucipally on the
west coast, when Sydney, Cape Breton, answers all their purposes admirably.

Wlien tlie Ereneli Commodoro last visited Le Croc he informed the person that it
was probably the last time that she would s(!e the Erench vessels in there, i may add
that the payment to the care-takers has always been punctual and liberal, this last
season being no exception to the rul(\

Should I find that the dojjot at Lu Croc is again utilized, I will make an immediate
Report of tiic case.

I have, &c.
(Signed) B. W. WALKER.

ted to the Queen,

lNUTSEORD.

No. 42.

Foreign Office to Colonial Office.*

Sir, Foreign Office, January 16, 1891.

THE telegrams which have recently been received by the Secretary of State for the
Colonies from Newfoundland show that the course of action suggested by his Lordship
to the Government and Legislature of that Colony is not likely to meet with acceptance
at their hands, and I am desired by the JIarquis of Salisbury to request that you will
call Lord Knutsford's attention to the mode in which those replies affect the foreign
relations of this country.

•

* Copy sent to Goveruor of Newfoundland, January 19, 1891.

The riglits which were reserved to Frnnce on the western shore i)t Newt'ouniiland
when the portions of tlie island in French occupation were surrendered in 1713, and which
have been confirmed nnd developed by subsecjuent interni.tioiinl stipulations, were
im|)erfectly defined ; and the obscurity of the languaj^e used bus long btcn felt to be a
serious practical inconvenience. For the past sixty years constant ettbrts have been made
to clear up the disputed points, and to substitute a series of precise rules for the
vaguely- worded engagements which at present exist. The views ol' the Colonists on the
one hand, and of the French Government on the other, however, have diverged so widely,
that up to very recently negotiations were wholly unsuccessful. In 1885, an arrangement
dealing equitably with all the points in dispute was negotiated by Commissioners appointed
by Earl Granville, and a modification of it framed to suit the wishes expressed by the
Colonial Government was sanctioned by Lord Salisbury shortly after the change of
Government in that year. But though it was signed by the Commissioners of England
and France, it took no practical eflPect. Before its signature it had received the approbation
of the Government of the island ; but a general election and a change of Ministry took
place there, and after the signature the Colony, acting under a power reserved to it by Her
iVlajesty's Government, refused its assent to the arrangement which the two Governments
had made.

The language of the Colonial Government has been uniformly adverse to any attempt
to revive the stipulations which were thus condemned ; nor have they sugsested any
others of a similar kind for the acceptance of the Government of France. During the
present year, two members of the Colonial Government who were in England suggested
that an attempt to close the controversy should be made, by asking the Government ot
France to accept, in lieu of all their rights on the shore or in the waters of Newlbundland,
some pecuniary satisfaction, and a perpetual engagement to permit the supply of bait to
French fishermen for fishing in the open sea. This suggestion, however, was fettered by a
stipulation, that the French Government should abandon tlie system of bounties by which
they at present encourage the importation of fish by Frencli lishermen into the French
dominions, or should at least limit its a])plication to fisli actually consumed in French
territory. These proposals, as Lord Knutsford is aware, have been unequivocally declined
by the Government of France.

It may be concluded, therefore, that the resources of direct negotiation liiive been
exhausted, and that no method of bringing the controversy to an end by any proposal
on the part of Her Majesty's Government to tho French Republic now remains. The
only method of doing so which is now apparently open to us is to refer the disputed points
of Treaty interpretation to an Arbitrator, and to obtain his decision as to the real signi-
fication of the stipulations by which this country is bound. In 1889, the conviction
had forced itself upon Her Majesty's Government that recourse to this method of
settlement was likely to become inevitable in respect to the lobster fishery, and
unofficial discussions had taken place with the Hepresontatives of the French Republic
in this country, which appeared to make it probable that no great difficulty would
be found in devising a reference to an Arbitrator which should be mutually satisfactory.
The Colony, however, showed itself very averse to arbitration, and at the request of
the Colonial Ministry the matter was put off until after the visit of Sir Williaa-
Whiteway and Mr. Harvey to this country, in order to give them an opportunity
of making proposals by which, in their belief, the difficulty could be arranged.
Experience has shown that hope to be unfounded. We are in the presence ot
the same state of facts as those which confronted us in the winter of 18S9. The
differences between the conception formed of the meaning of the Treaties by the
Colonists and that formed by the French authorities have become so sharp, and apply
to practical interests so urgent, that unless they can be settled disorders and conflicts
of a serious kind are almost certain to ensue. In view of this state of facts. Her Majesty's
Government have asked the Colony to co-operate for the purpose of negotiation or of
arbitration, and in the latter event to give legal validity to some intermediate arrangement
which should keep the conflicting interests apart until a settlement has been made. In
]'eply to this request, the Colonial Government have taken up an argumentative position
which had been more than once obscurely indicated, but never so clearly explained until
now. They do not seek for any interpretation of the Treaty stipulations which regulate
the rights of the French upon the western shore, and they will not co-operate in any
form of accommodation, be it by negotiations or be it by arbitration, which has not the
cessation of those rights as an indispensable condition. They dispute the French view
of the Treaties ; but they object to have the dispute decided by the only peaceful method
known to International Law, unless the French will accept a condition which we have no
right to impose, and which the French Govenunent have declared in the plainest

■»

terms their intention of refusing. This determination by the Colonial Government is
expressed with a clearness and an emphasis which untbrtiuiati'ly leaves no room for
dnubr as to its 8ip:nification.

It is impossible not to sympathize with the Colonists in their impatience at the
burden of 8ti|)ulations which seriously interfere both witli the economical development of
the island and with the prosecution of its most important industry. It is deeply to ho
re2;retted that advantage was not taken of the occasions on wiiicli, without ditficulty, the
rights of the Krench might either have been extinguished, or at least defined. But we
have to deal with the facts as they stand before us. Tlie issue raised i)y the attitude
of the (Jolony is no longer the question which is the riglit interpretation of the summary
language used by the Treaty of Utrecht, or the Declarations of Versailles. It is the
question whether the French shall be allowed to exercise any rights whatever over the
western shore and its territorial waters.

The existence of some French rights, whatever their exact interpretation may be, is a
matter of absolute certainty. The signature of England has been pledged again and again
to their acknowledgment. They cannot be repudiated so long as the bindmg force of any
Treaty obligations made in the past is admitted. The honour of England is committed
to the acceptance of them, and the nation certainly would never consent to a breach
with France incurred in the support of what would be a plain infraction of Treaty right.

It is (piite conceivable that the Colonial Ministers should dislike to incur any responsi-
bility in 8U|)port of Treaty rights whicii they have no interest in upiioldinLT, and the
cnijency of which may he im|)erfectly understood by the |)opulation of Newfoundland.
I'ut their refusal to give us their co-operatiou ni the matter does not relieve this country
from the obligations which it lias incurred.

Lord Salisbury considers that Her Majesty's Government must take tlic shortest
and plainest metliod of ascertaining what our international engagements in this matter
are, and of carrying those engagements into eU'ect. It appears to him tliat no time should
now be lost in making proposals to the Krench Govermnent which may lead to arbitratiun
upon, at all events, the most urgent of the matters which are in contest between them.
It is baldly to be hoped that this process can be complete before the ensuing tisiiing season
commences. It may be therefore necessary to conclude some intermediate arrangement,
which |)rol)ably would follow the lines of the arrangement ma.le last year, omitting those
portions of it which have become inapplicable through the lapse of time. It will bo
necessary to apply to Parliament to obtain the powers for giving eU'ect to any such
arrangemeat ; as it appears from the course of legal proceedings that there is at least
doubt whether our officers, in taking steps for that purpose, would be adeipiatdy protected
against an action at law. The Statute of the fifth year of George IV's reign, which
untoriunately was allowed to lapse, wUi probably furnish the best model for legislation
upon this point, as it only aims at securing the petformance of international obligations,
and does not interfere with the internal affairs of the island.

I am, &c.
(Signed) T. H. SANDERSON.

No. 43.

Colonial Office to Foreign Office.* — (Beceivcd January 19.)

Sir, Downing Street, January 19, 1891.

I AIM directed by the Secretary of State for the Colonies to acknoM' ledge the
receipt of your letter of the IGth instant, in which, by the direction of the Mar(\ui9 of
Salisbury, you call Lord Knutsford's attention to the mode in which the foreign
relations of this country are affected by the replies lately received from the Govern-
ment of Newfoundland in regard to the French Fishery question.

Lord Knutsford concurs in the conclusion arrived at by Lord Salisbury, that as it
has not been possible to come to a friendly arrangement with Franco in accordance
with the stipulations of the Newfoundland Government, it has become necessary to
ascertain definitively, without further delay, what are the iiiternational engagements of
this country in the matter ; and that, for this purpose, proposals for arbitration should
he made to the French Government. And as some time must elapse before the opinion
<f an Arbitrator can be given. Lord Knutsford agrees that somo provisional arrange-

[84]

• Copy tent to Governor of Newfoundland, January 19, 1891.

,.1

\>0

mcnt must nptniii bo iiiatlo for tho current year; and that any doubts which may i>xi8t
as to th»' h'^ality of (he acts done by Her Majesty's ollicers in controlling tho tishcrics
shouhl be removed l)y h-jjislation.

His Lordship is coiisi(h'riTig tho provisions of a Hill for this purpose, and is
disposed to think that it should bo on tho linos indicated in the last paragraph of your
letter.

I am, &o.
(Signed) ROBERT G. W. HERBERT.

No. di'i.
Admiralty to Vice-Admiral IVatson, — {Received at the Foreign Office, January 20.)

Sir, Admiralty, January 20, 1891.

1 AM conuiinnded by my Lords Commissioners of the Admiralty to request thnl you
will convey to tiic officers in command of Her Majesty's ships "Emerald " (Captain Sir H.
Walker, Bart.), " rdicnn " (Conmiandcr Daniel McN. Riddel), and " Forward " (Lieutenant
Scolt W. A, 11. (Jray) the expression of their Lordships' approval of the satisfactory
manner in which they have carried out their duties, in connection with the protection of
the Newfoundland fisheries during the past season, in which approbation the Secretaries
of State for Forciirn and Colonial Affairs have signified their concurrence.

2. My Lords also desire that you will inform Sir Baldwin Walker that the Secretaries
of State for Foreign and Colonial Affairs have further signified their sense of the tact and
discretion shown by him in his dealings with the French Naval authorities and with
the local fishermen in Newfoundland, and in these expressions my Lords desire to add
their entire concurrence.

I am, &c.
(Signed) EVAN MACGREGOR.

No. 45.
Tke Marquis of Salisbury to M. Waddington.

M. I'Ambassadeur, Foreign Office, January 20, 1891.

I HAD the honour to confer with your Excellency on tlie day belore Christmas
Day with reference to the present position of the negotiations respecting Newfound-
land ; and I conveyed to you the probability that, in view of the recent failure of all
attempts to close the question by agreement, we should lake an early opportunity of
inviting the French Government to refer the principal questions in dispute to arbitration.
You expressed a iieneral concurrence in this policy, and intimated your willingness to
receive any proposals 1 minht have to make.

I now submit lo your Excellency, for the consideration of the Government of the
Republic, a proposal to refer the extent and limits of the rights secured to France by
the Treaty of Utrecht and subsequent stipulations to the decision of an Arbitrator. The
principal questions which separate us on the subject of Newfoundland were stated in my
despatch to Lord Lvtton of the 24th September, which was communicated by him to
M. Ribot.

Taking them in the order of their urgency at the present time, they are as follows : —

1. Do the words " permis de pecher et de s^cber le poisson," employed in the Xlllth
Article of the Treaty of Utrecht, apply to all kinds of animals found in the sea ; if
not, to which kinds is the application limited ?

2. Whether Great Britain, by j^ranting to France the right of drying fish and cutting
wood along a portion of the shore of Newfoundland, and by promising the removal of
" ^tablissements s^dentaires," has engaged to prohibit her subjects from erecting any kind
of building on thai part of the shore, or only those buildings which are concerned with
the fishery; and, if so, whether lobster factories are included in the prohibition?

3. Do the Treaties, by prohibiting French subjects from any construction on the
shore beyond "^chafauds et cabanes n^cessaires et usites pour s^cher le poisson,"
prohibit tliem from erecting removable lobster factories ?

-m

¥. UERBERT.

p, January 20.)

4. To what depth inland do the prohibitions against building on the part of ^'ritish
•ubjects, whatever they ri> • be, extend ?

5. Whether, under the true Interpretation of the Treaties, fueat liritain, in virtue of
her sovereignty over Newloundiand, possesses on that part of the eoust ri;;hts of fishery
concurrent with tlioso of Franee, an:l equal to tlicm; or only rights which must he su
exercised as not to disturb the fishery of France ?

The controversy is too fanuliar to the French Foreign Oflicc for it to bo necessary
for ni«; to accompany this summary of the questions to be referred by any coinmcii'aries
or explanations. If there are any amendments to this statement which wouli', in the view
of the Government of the Re|)ul)lic, make it a more satisfactory b; -is of reference, I
shall be happy to consider them. But if, on the other hand, I recei e from you an
intimation that, for the pres^ent at least, this statement of our difturences would, in
the opinion of the French Government, furnisli an adequate material for the judgment
of an Arbitrator, and would pive the Arbitrator an o|)purtunity of setting at rest the
most difficult of the controversies in wliich wc arc engaged, I would then proceed to
submit, for your consideration, suggestions with regard to the mode in which that
Arbitrator thould be chosen, and as to tlie precise terms in which the (piestions should be
placed before him.

I have, &c.
(Signed) SALISBURY.

No. 40.

MACGREGOR.

The Marquis of Salisbury to the Earl of Lytton,

My Lord, Foreign Office, February 11, 1891.

THE French Ambassador cnllcd at this Office this afternoon and made the
following communication on behalf of his Government in reply to i\w proposal I had
addressed to him for submitting to arl)itrati(m the questions at issue between the two
Governm(mts in regard to the Newfoundland fisheries.

Tho French Governmenn accept arbitration as the means of putting an end to the
difiicidties in regard to the Ncwfoundliind Fisheries which the two Guvernments desire
to adjust. They agree at once that tho Arbitrators siiall adjudge any questions which
may be submitted to tliem by eitlier Cabinet in I'egard to the capture and preparation
of lobsters.

They tliink there would be considerable difficulty in settling beforehand the exact
issues to be submitted, and that it should be open to either Government to submit to
the Arbitrators any question connected with the western shore of Newfoundland,
provided that it is one whiclx concerns the capture and preparation of lobsters.
They propose that the Board of Arbitration should consist of three jurists, with
the addition of one or, if necessary, two members appointed on either side. These
latter would act as the mediums of communication between the Tribunal and the two
Governments, but would also themselves vote as Arbitrators.

The Frcncli Government malce their consent to the arbitration dependent upon
two preliminary conditions, namely, that the modus vivendi agreed upon for last fishing
season shall be renewed for the present year, and f hat they should receive an assurance
from Her Majesty's Government that effect will bo given to tho decision of the
Arbitrators whatever it may be.

I informed M. Waddington that these proposals would receive due consideration,
and that a reply would be sent to him after consultation with tho Cabinet.

I am, &c.

(Signed)

SALISBURY.

No. 47.

The Marquis of Salisbury to the Earl of Lytton.

My Lord, Foreign Office, February 14, 1891.

IN accordance with the instructions of the Cabinet, I have to-day informed
M. Waddington that Her Majesty's Government agree generally with the French
Government in regard to the proposed arbitration on the Newfoundland fishery question.
[84] O

T had some convorsation with ]iis Excellency as to the Arbitrators to be chosen,
ftiul ns to the place where tJiey should meet.

1 said that the best plan would appear to bo that the names of several jurists
beloD^iiii; to neutral nations should be NUf^gosted by the two Govornmonts, and that
three mIiouIiI tlieu bo selected from the list. It would, I thought, be necessary to
choose persons well uequainted with both English and French.

I added that, speaking from tlrst impressions, it appeared to mo that the best
meeting-plaoe for the Tribunal of Arbitration would bo Brussels.

I am, &c.
(Signed) SALISBURY.

No. 48.
Colonial Office to Foreign Office. — {Received February 27.)

Sir, Downing Street, February 27, 1891.

I AM directed by Lord Rnntsford to transmit to you, for the information of
the Marquis of Salisbury, an extract from the " Canadian Gazette" of the l-'th instant,
containing a Notice said to be circulating on the west coast of Newfoundland, alleging
that the naval officers have no legal authority for enforcing the provisions of the Treaties
with France, and recommending legal proceedings against them.

I am also to inclose copies of telegraphic correspondence with the Governor
of Newfoundland on the subject of this .Notice.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosurc 1 in No. 48.
Extract from the " Canadian Gazette" of February 12, 1891.

The Newfoundland Difficulty — a bemarkablb Document. — We have
received from an unknown quarter through the post this strange document, which we give
in its entirety.

It bears this indorsement: — "Copy of document now in circulation among the
inhabitants of the west coast of Newfoundland ": —

,;l

" Notice.

"The fishermen and managers of lobster fa«!tories on the western coast of
Newfoundland, falsely called the 'French Shore,' are earnestly requested to hoist British
flags on their boats, nets, and factories during the coming fishing season, to claim the
protection of British war-vessels if interfered with by French vessels, and to report
as promptly as possible any refusal of British officers to protect them, being careful to
give full and true particulars as to circumstances, place, and date.

"It cannot I)e too widely known that the Act which enabled successive British
Governments to enforce French ' claims ' has been repealed many years ago, and
no power given by tl)e Imperial Parliament or by the local Legislature to enforce those
claims exists. Naval officers interfering with British subjects in the exercise of
their rights as citizens of the Empire do so at their own risk. Any complaint should be
laid before the local Magistrate or Justice of the Peace, who, as representing the
civil authority, has more legal power than naval officers, and the officer arrested
by warrant if necessary. If an officer • confiscates ' nets, lobster-pots, &c., as has often
been done, have him arrested for theft and brought before a Magistrate like any common
offender, no matter what his rank.

" No order from the British Admiralty can override the Constitution of Newfound-
land. Magistrates and .lustices of the Peace are urged to do their duty in asserting the
civil power, as !>o authority exists for ' naval law ' as hitherto administered. Civil
authority is superior to military or naval, except in time of war.

" Fishermen are cautioned not to sign any paper given by British officers, or make

rotors to be choseiif

s of several jurists
ornmonts, and that
ht, be necessary to

o me that the hcnt

&o.
SALISBURY.

27.)

'ehruary 27, 1891.
the information of
of the U'th instant,
foundland, alleging
ions of the Treaties

with the Governor

N BRAMSTO?r.

}«3

any promlHo not to (isli in their own waterH. No Hritisli oHiciT Iiuh (lie \>o\\vr fo «-xtort
•ucli pruniiMOH or a;;ri'omi'nt.

•'Pass the word up the coast, that tlio Knipiro, especially the Colonios, of wiiicli
Nowfounilland is the olilcst, ' expects every Newfouiullamlor to do his duty.'

" NewlountllandorH! your interests are sacriliced, not by the present or tonner New-
foundland (jovernnieiits, out by the Kn;;li.«sh Korei;,'i» OHice, because it prefers the
interests of the rich bankers and liondboiilcrs, who have invested Uieir money in
Egyptian securities, ami want no trouble with Trance.

" No capital or enterprise will come into Western Newfoundland until the French
are out of it 1

•" Now's the ilay, and now's the hour I'

"Reliable infonnation should be sent to any of the tbllowing: —

"Tiie Patriotic Association, St. John's, Newfoundlantl.

" Ueuter's agenl, St. dohn's, Newfoundland.

"Central News Ollice, London, Knj^linid.

"•Newfoinidlander,' c. o. llayward's E.\chany;e, Bristol, Kn/^land."

Inclosure 2 in No. 48.
Lord Kniitsford to Gore mar Sir T. O' lirii'n.

(Telegraphic.) DounUuj Street, Februtinj 1!>, 1801, 1-1<» v.w.

NEWSPAPER report Notice eircubited on west coast, pointing out that naval
officers have not legal authority for enforcing provisions of Treaty, and recommending
legal proceedings against them. Inquire into truth of report, ami send copy of
Notice.

891.

MENT. — We have
nent, which we give

ilation among the

western coast of
ed to hoist British
ason, to claim the
sis, and to report

, being careful to

successive British

years ago, and

•e to enforce those

the exercise of
mplaint should be

representing the
} officer arrested

&c., as hos often
! like any common

ion of Newfound-
y in asserting the
ninistered. Civil

officers, or make

Inclosure 3 in No. 48.

Governor Sir T. O'Brien to Lord Kniitsford.

(Ttlegraphic.) {Received February 20, 1891, 7-23 P.M.)

REFERRING to your telegram of the 19th February, I caused inquiry to be made
fr(jm all Stipendiary Magistrates on west coast, who report by telegram that nothing
known of reported Notice. They have not seen nor heard of it. Local newspapers
yesterday evening published extract from Halifax daily paper giving copy of alleged
Notice, which was first time T received intimation.

Inclosure 4 in No. 48.
Governor Sir T, O'Brien to Lord Knutsford.

(Telegraphic.) {Received February 23, 1891.)

REFERRING to my telegram of the 20th February, Notice referred to appears to
have been handed to Halifax daily papers by John Silver and Company, of Halifax,
owners of factories on Treaty Shore.

[84]

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No. 49.

Colonial Office to Foreign Office. — {Received March 6.)

Sir, Downing Street, March 6, 1891.

WITH rctVrcnco to the letter from this Department of the 27tli ultimo, I am
directed by Lord Kmitsford to transmit to you, for the information of the Marquis of
Salisbury, coi)i('s of two further telegrams from the Governor of Newfoundland
reporting that tlio Notice advising resistance to the naval officers is now being
circulated on the west coast.

I am, &c.
(Signed) JOHN BRAMSTON.

Inclosure 1 in No. 49.
Governor Sir T. O'Brien to Lord Knutsforc'.

(Telegraphic.) {Received March 3, 1891.)

REFERRING to your telegram of 19th February and mine of 20th and 23rd
February : Stipendiary Magistrate at St. Gcorg(?'s Bay rcpoi'ts by telegram that Notice
referred to is biMug circulated. I have sent by mail extract from Halifax daily papers
containing copy of Notice.

Inclosure 2 in No. 49.
Governor Sir T. O'Brien to Lord Knutsford.

(Telegraphic.) {Received March 4, 1891.)

REFERRING to my telegram of 3rd March : Bonne Bay to-day reports by
telegram iiiat Notice has arrived there, so that I presume it is being circulated on the
whole coast.

11 ,

No. 50.
Agreement between Great Britain and France. Signed March 11, 1891.

THE Government of Her Britannic
Majesty and tlie Government of the French
jlepublio having resolved to submit to a
Commission of Arbitration the solution of
certain difficulties which have arisen on
the portion of the coasts of Newfoundland
comprised between Cape St. John and
Cape Ray, passing by the north, have
agreed upon the following provisions : —

1. The Commission of Arbitration shall
judge and decide all tlie questions of prin-
ciple which shall l)e submitted to it by
cither Govcrumont, or by their Delegates,
C(mcerniug tlio catching and ])re|)aration
()'' lobsters on tlw above-mentioned portion
of the coasts of Newfoundland.

2. The twr> Governments engage, in so
far as each may be concerned, to execute
the decisions of the Commission of Arbi-
tration.

3. The modus vivendi of 1890 relative to
the catching and preparation of lobsters is
renewed purely and simply for the fishery
season of 1891.

LE Gouvernement de Sa Majesty
Britannique et lo Gouvernement de la
Republique Frangaisc ayant rdsolu de sou-
mettre a une Commission Arbitmle la
solution de certaines difficultes survenues
sur la partie des c6tes do Terre-Neuve
compi'ise entre le Cap Saint-Jean et le
Cap Ray, en passant par le nord, sont
tombes d'accord sur les dispositions sui-
vantes : —

1. La Commission Arbitralo jugera et
tranchera toutes les questions de principc;
qui lui soront soumisos par I'un ou I'autre
Gouvernement, ou par lours Del6gues,
<!oncernant lu pcche du homard et sa pre-
paration sur la partie susdito des c6tes de
Terre-Neuve.

2. IjCS deux CJouvernements s'engagent,
chacuu en ce qui lo concerne, il executor
les dt'*cisions de la Commission Arbitralc.

3. Ix; modus vivendi de 1890 rolatif u la
p6che du homai'd et a sa pn'sparation est
vououveh'! purement et simplement pour
la saison de p6che do 1691.

jrs is now being

BRAMSTON.

4. As soon as the questions relative to
the catching and preparation of lobsters
shall have been decided by the Commis-
sion, it miy take cognizance of other
subsidiary questions relative to the
fisheries on the above-mentioned portion
of the coasts of Newfoundland, and upon
the text of which the two Governments
shall have previously come to an agree-
ment.

5. The Commission of Arbitration shall
be composed :

(1.) Of three Specialists or Jurisconsults
designated by common consent by the two
Governments.

(2.) Of two Delegates of each country,
who shall be the authorized channels of
communication between the two Govern-
ments and the other Ai'bitrators.

6. The Commission of Arbitration thus
formed of seven members shall decide by
majority of votes and without appeal.

7. It shall meet as soon as possible.

Done at Lqndon, the 11th day of March,
1891.

(Signed) SALISBURY.

WADDINGTON.

4. Une fois que les questions relatives k
la p6che du homard et k sa preparation
auront 6t6 franchiu's par la Commission,
die pourra etre saisie d'autrcs questions
subsidiaires relatives aux pecheries de la
partie susdito dcs c6tes do Tcrrc-Neuve, et
sur lo tcxte dcsqucUcs les deux Gouverne-
ments seront prcalablement torabds d'ac-
cord.

5. La Commission Arbitrale sera com-
pos^e :

(1.) Dc trois Spdcialistes ou Juriscon-
sultcs ddsigncs d'uu ccmmun accord par
les deux Gouvernements.

(2.) De deux Di'slcguds de chaque pays,
qui seront les intorrnddi'iircs autoris('!S
entrc lours Gouvernements et les autres
Arbitres.

G. La Commission Arbitrale ainsi I'ormde
de sept mcmbres statuora Ji la majority dcs
voix et sans ap])cl.

7. Elle so r6unira aussitfit que faire se
pourra.

Fait h Londrcs, lo 11 Mars, 1891.

(Sign6) SALISBURY.

WADDINGTON.

March 4, 1891.)
to-day reports by
' circulated on the

Vrbitralo jugera et
cstions dc princip(!
par Tun ou I'autro
!• h'urs D6l6giios,
lioniard ot sa pro-
ivisdito des c6tes de

No. 61.

M. Waddinyton to the Marquis of Salisbury. — {Received March 11.)

M. le Marquis, Londrcs, le 11 Mars, 1891.

A LA suite dc I'arrangement que nous avons signc'? en date de cc jour, en vue de
soumettre j\ une Commission Arbitrale la solution de certaines difficulties survonues sur
les c6tes de Terre-Ncuvo, le Gouverncment dc la Rdpublique et cclui de Sa Majost6 la
Reiue ont design^ d'un commun accord les trois Arbitres dont les noms suivent : —

1. M. de Martens, Professeur de Droit des Gens a I'Univcrsitd de Saint-
P(5tersbourg.

2. M. Rivier, Consul-Gencral de Suisse a Bruxellos, Prdsidont dc I'lnstitut de
Droit International.

3. M. Gram, ancien mombre do la Cour Supreme do Norv^go.

Les frais gondraux dc I'arbitrage et los honoraires dcs trois Arbitres seront
support6s par moitii5 par les deux Gouvernements. II est bicn ontcndu quo la
Commission, sauf dans lo (jas prdvu par I'Article 4, 6cartora do ses discussions l(!s
questions qui lui seraiont soumiscs et qui ne seraient pas relatives h la pccho du
homard ct h sa preparation.

II est ('•galemont oniondu quo le Gouvornement de la I{(5publiqiio reserve
cxprossomout avant la niiso i\ execution de rarrangement precitc, I'approbation des
Cbambros Pranoaises.

(Signo)

Veuiller, ^^r-

WADDINGTON.

[I Of Translation, see No. 52, which is identical.]

1890 rolatif u la
sa i)r6parat,ion est
; simplement pour
?91.

1; I

• m
m

No. 52. •

The Marquis of Salisbury to M, Waddingtotu

M. I'Ambassadeur, Foreign Office, March 11, 1891.

WITH reference to the arrangement which we have signed on the 11th of this
month for the purpose of submitting to a Commission of Arbitration the solution of
certain difficulties which have arisen on the coasts of Newfoundland, Her Britannic
Majesty's Government and the Government of the French Republic have designated
by common consent the three Arbitrators whose names follow : —

1. M. de Martens, Professor of International Law at the University of St. Peters-
burgh.

2. M. Rivier, Consul-General of Switzerland at Brussels, President of the Institute
of International Law.

3. M. Gram, formerly member of the Supreme Court of Norway.

The general expenses of the arbitration and the remuneration of the three Arbi-
trators shall be borne in equal moieties by the two Governments. It is well under-
stood that the Commission, except in the case provided for by Article 4, shall exclude
from its discussions any questions which may be submitted to it which do not relate to
the catching and prejmration of lobsters.

It is equally understood that Her Biitannic Majesty's Government reserve
expressly the approval of the British Parliament before the above-mentioned arrange-
ment is put into execution.

I have, &c.
(Signed) SALISBURY.

Ill

?;»

f, March 11, 1891.
[ on the 11th of this
;ion the solutiou of
land, Her Britannic
lie have designated

/^ersity of St. Peters-
lent of the Institute

ray.

a of the three Arbi-
j. It is well under-
icle 4, shall exclude
[lich do not relate to

ovemment reserve
•mentioned arrange-

&c.
SALISBUEY.

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