The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-03-28


that English settlement could be lawfully prevented
these islands although none informed at pres
emit exists
These special articles comprise t is beeyed all the adj
vaniaes conceded France in respect of the coasts
and waters of Newfoundland properly called But her
aea zen arc Wiling 70 purchase .ns psn n,aa
where Of greater importance and to which France at
ached considerably greater value namely That of
current right of fishing along about 80 miles Of the coast
of Labrador Tin the Straits of Belle se) but without
OF the sbore and similar rights the coast of North
Belle Isle with (but not exclusively of the shore.
The remaining stipulatons of the treaty may, be-
eye be elassed not concessions alterations of exist
ing rights, but endeavor to put into definite
shape the subject admitted the right which usage found
ed on the aforementioned treaties and procaations, has
already sanctioned It would have afforded greater salts
faction to her Majesys government well doubt to
the inhabitants of Newfoundland engaged in the fisheries
If the settlement of these questions had been accompanied
by abandonment the part of France of her system
Of fishery bountes in that quarter But this point in
which Great Britain cannot enforce by negotiation its
views State in the position of France possessing al
ready under former treaties such extensive rights the
coast OF your 1t would have been polite
for this country to make absolute and rrevocabe con-
cession in order TO obtain the abolition of protective
tenn which might be indirectly re-establshed without its
being possible to prove breach of engagement.
It'll most assuredy the belief Of her Majestys govern
ment that the fundamental mpocy Of regulations of this
class becoming daily and apparent in France
and elsewhere and that in the ordinary of events
the industry of Newfoundland and of Great Britain will
not long have to sustain the unequal competition although
less unequal in reality than appearances which they must
ct present encounter from that of France.
Such the outlines of the treaty which transmit
to you Deeply anxious they to effect the settlement
OF questions complicated, and pregnant with possible
mischief to both countries her Majes have
nevertheless not thought themselves justified in departing
firmly established in British North America They have
thought that in regard to matters affecting the soil and the
population Of Newfoundland the of the egis
ature Of Newfoundland itself should be sought before
treaty stpuatons could be put into execution and that
the aid of Parliament Notwithstanding its paramount
constitutional power in questions Of treaty. affecting as
these do directly Indirectly the empire at large) ought
in extreme to be reserved for the purpose of
completing whatever the local legislature may not have
strict legal power to effect
You are therefore, instructed submit this treaty the
legislature OF Newfoundland for the enactment of the
cessary laws. Your own legal advisers will be better
bled to inform you than myself what laws may be strictly
required but it would appear that all local restrictions
the sale Of bait in the specified localities should be removed
and that force of law should be given those provisions
Of the treaty at all events which relate the of the
shore in Newfoundland and authorize the removal of
Elements and erectons and those which confer powers
commissioners Probably the simplest would be 10
the island far this is needed but this notice by way
Of suggestion only You will observe lastly that although
her Maestys government have expressly submitted the
treaty to the of the Newfoundland legislature they
have for their part promised to their best endeavos
procure the passing of the necessary laws They
DESTROYS that these words should be taken expressing
their strong anxiety to ect this arrangement and their
viccn that to miss this opportunity of coming settle
ment will be to cause greet Inconvenience aad probable flu
loss to ewfoundand for there be doubt that
the final failure of negotiation long continued will
tend to encourage both parties to to the full
else Of their existing rights When the expectation of Ill
innate agreement upon disputed points is at end there
will it must be feared be little left for
promise mutual forbearance.
You yourself the judge how seriously the mutual
orcement OF the powers which each nation claims,
against the other would be felt by various interests in
Newfoundland
Should the necessary laws be passed by the legislature
Of Newfoundland in its approaching session. there will be
hr,
for the purpose of removing any difficulties arising for
mer imperial statutes have &c
H. LABoUCHERE.
Gov. DARLING, &c. &C. &c, Newfoundland.
ADDRESS
TO The Right Honorable Her Mqjesys Principal Secretary Of
Safe for the Colonies.
Sir: We, her Mlestys loyal subjects the Commons of
Newfoundland in general assembly convened beg leave
to address you the subject of the convention entered
into the 4h January by Great Britain and France in
relation to the fisheries Of Newfoundland and the Labra
dor.
In 1853 the people Of this colony had learned from
official sources that negotiations foot be-
tween England and France the subject OF our fshe
ries.
They altogether ignorant to what had been pro-
posed either side but confident in the that
without their knowledge nothing would be done by the
imperial government by which their rights could be les
sened their interests affected they did nothing for their
protection In this respect beyond the repeated adoption of
addresses protesting against further concessions to the
French and soliciting protection against their fragrant
croachments shores aad they therefore wholly
unprepared for the information received by the last mail
through his excelency Governor Darling that
ton had been actually signed and ratified at London by
which, ii it carried into effect the people of this col
oDy would be deprived of the most valuable Of their fish
cries for the benefit of the subjects of France
The surprise, anxiety, and alarm which this news
stoned in this country cannot be described In de-
gree to alay the excitement which agitaed the public
mind thought it necessary Immediately to pass
oluton declaring strong disapprova of its provisions
and subsequent discussion inquiry and consideration,
having fully confirmed the opinions at first entertain
ed we beg leave to submit the reasons which in
fuence us in withholding our consent to this measure
That our observations upon the present convention may
be better understood 1t is necessary take short review
the history and of the present state and condition of
our fisheries
The treaty of Utrecht gave the French concurrent
right Of fishery the shores of Newfoundland from Point
Richie around the northwest coast to Cape Bonavsa
the eastern coast this right restricted to Cape St john
instead OF Cape Bonavista the eastern coast and
tended to Cape Ray the west continued to them
by the treaty of Versailles with the additional advantage
conferred by the declaration of his Britannia Majesty that
means should be taken to prevent injury to the French
fishery by the exercise of their right by British
foundand in conformity with the declaration and under
the authority of the 28h Geo 3d. chap 18TH and the
tice of the French permitted by the British government of
forsiby preventing British subjects from fishing at the
French stations within the above limits, practically
verted the concurrent fishery into exclusively French
and the colony thus by the act of the parent State de-
prved of the farest portion Of its fishery grounds The
consequences of this act however not Immediately
felt The operation of the treaty being suspended by the
wars which shortly followed the British fisheries prosper
ed and in the year 1916 not fewer than four hundred sail
British Ships of which very large proportion fitted
and fewer than hundred thousand qunas Of fish
were exported by British subjects to France alone After