The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-08


the French fishermen, and in full confidence that
theee possessions will not become an object Of
jealousy between the two nations; and that the
fishery between the said islands and that Of
Newfoundland shall be limited to the middle Of
the channel" The King Of France, in a coun-
ter declaration, engaged to give the most posi-
tive orders that the French fishermen should
not go beyond this line, with the firm persuasion
that the King Of Great Britain would issue like
orders to the English fishermen.
Subsequently, at the breaking out Of the
French revolutionary war, about ten years
afterwards, these islands were taken possession
Of by Great Britain, and were not again sur
rendered until the restoration of the Bourbons
by the allied sovereigns in 1915, in accordance
with the terms of the treaty of Paris, in 1868.
The fifth article of that treaty, to prevent
the continuance Of the quarrels which had
hitherto arisen between England and France
provides, that the King of France shall re-
nounce the right Of fishing, which belongs to
him, in virtue of the treaty of Utrecht. from
Cape Bonavista to Cape st. John, situated on
the eastern coast of Newfoundland" the King
Of Great Britain consenting on his part, /" that
the fishery assigned to the subjects of his Most
Christian Majesty, beginning at Cape st. John,
passing to the north, and descending by the
western coast of the island of Newfoundland,
shall extend to the place called Cape Ray"
and with regard to the fishery in the Gulf of
st. Lawrence, the French shall continue to ex-
70, fha Gfxh nj aoffh a
treaty Of Paris"
The British declaration before referred to
further states that . the thirteenth article of
the treaty of Utrecht, and the method of carry
ing on the fishery, which has at all times
been acknowledged shall be the plan upon which
the fishery shall be carried on there's it shall
not be deviated from by either party; the French
fishermen building only their scafiolds, con-
fning themselves to the repair of their fishing
vessels, and not wintering there the subjects
of his Britannia Majesty, on their part, not mo-
Testing in any manner the French fishermen
during their fishing, nor injuring their scaholds
during their absence"
By the convention entered into between the
United States and Great Britain, in lSlS it.
was agreed that 1.-THE Inhabitants Of the said
United States shall have. forever, in common
with the subjects of his Britannia Majesty, the
liberty to take fish Of every kind on that part
Of the southern coast of Newfoundland which
extends from Cape Ray to the Rameau islands,
on the western and northern coast of Newfound-
land from the said Cape Ray to the Quirpon
islands, on the shores Of the Magdalen islands,
and also on the coasts, bays. harbors and creeks,
from Mount Jolly, on the southern coast of
Labrador. to and through the straits of Belle
isle, and thence northwardly indefinitely along
the coast (reserving the rights Of the Hudson
Bay Company and that the American fisher
men shall also have liberty, forever, to dry and
cure fish in any of the unsettled bays, harbors
and creeks of the southern part Of the coast of
Newfoundland. here above described and of the
coast of Labrador;" but not after such bays
or harbors shall be settled, unless permission
shall have been obtained from the proprietors
or possessors of the ground.
1t will thus be perceived that the French
fishermen are not restrained by any such pro-
hihitinn with roforonco ~ future settlement
nor are they restricted to the southern coast OF
Newfoundland. the treaty by which that island
was surrendered to England securing to them
he same rights in this respect as are enjoyed
by the inhabitants
The United States. by the same convention,
renowned forever any liberty heretofore en-
joyed or claimed by the inhabitants thereof, to
take dry or cure fish, on or uithin three ma
rine miles Of any Of the coasts, bays, creeks, or
har6ors Of his Britannia .Najesty's dominions
IN .6merica, not included within the above
mentioned limits" upon condition that Ameri-
can fishermen may enter such bays or harbors
for shelter, repairing damages, and procuring
wood and water; but under such restrictions
as may be necessary to prevent their taking,
drying or curing fish therein, or in any other
manner whatever abusing the privileges hereby
reserved to them.' The French fishermen.
however, it will be observed, cannot take fish
within nine miles Of the Gulf OF st. Lawrence,
nor within forty-fve miles of Cape Breton.
French houses in Jersey still carry on the fish,
cries very extensively in the Bay of Chaleur.
and from the Gut of Canso, on the western
coast Of that island.
From these historical data the reader will
understand the rights and extent of the privi-
leges of the French in the fishing grounds, and
the special restriction upon our Yankee catch
ers Of cod and mackerel limiting them to ma
rine league from the shore. The British con-
tend that this restriction applies to the main
seaboard line, and does not allow our fishermen
to enter within the bays CULTS, barbors, &C.,
although they may be ten, twenty, or hundred
miles wide.
The ground taken by Mr.. Webster, on the
other hand, was, that our fishermen might pur-
sue their calling within the bays, CULTS, harbors,
&C., beyond the line Of a marine league from the
land; and if we mistake not this construction
has, on several occasions, been virtually admit
ted by the other side, and was temporarily con-
ceded by the British cabinet during the last
summer. The Importance of the privilege of