84 
to take and can lobsters upon the coasts of Newfoundland be con- 
ceded to the French, the effect of the Newfoundland Bait Act. 
will be materially lessened ; and upon the greater or lesser effect, ; 
of that Act depends, in a most material degree, the future of 
England’s “ most ancient colony.” ; 
FRENCH NO RIGHT TO TAKE BAIT FROM “ FRENCH SHORE.” 
It. is contended upon the part of Newfoundland that the 
French have no right under the treaties to catch bait fishes _ 
upon the coasts of Newfoundland to be used as bait in the Bank | 
fishery. The 13th Article of the Treaty of Utrecht (1713) con- | 
ferred upon the French the liberty “to catch fish and to dry 
“them on land.” The Sth Article of the Treaty of Paris (1763) _ 
expressly restricted the French to an exercise of their right a 
“ceonformably to the 13th Article of the Treaty of Utrecht.” 
The 5th Article of the Treaty of Versailles (1783) provided thal 
“the French fishermen shall enjoy the fishery which is assigned — 
“to them by the present article, as they had the right to enjoy 
“that which was assigned to them by the Treaty of Utrecht.” 
The Declaration of His Britannic Majesty which accompanied the — 
Treaty of Versailles (1783) declared that “The 13th Article of 
“the Treaty of Utrecht—and the method of carrying on the | 
“ fishery which has at all times been acknowledged—shall be the 
« plan upon which the fishery shall be carried on there. Jt shall | 
“ not be deviated from by either party—the French fishermen | 
“ building only their scaffolds, confining themselves to the repair 
“ of their fishing vessels, and not wintering there.” The Treaties” 5 
of Paris (1814 and 1815) confirmed the fishery rights of the 
French under previous treaties. Now it is contended—and no” 
successful contradiction is possible—that to catch bait fishes upon 
the coasts of Newfoundland, and export them for use as bait 
upon the Banks, (1) is not catching fish and drying them ; (2) i is. 
not the method of carrying on the fishery which obtained before ' 
the Treaty of Versailles; and (3) is a deviation from that | 
method which the French agreed in 1783 to abide by. No bait | 
fishes were ever taken from the Newfoundland coasts upon” 
which the French have treaty rights to be used as bait 
upon the Banks, until the Bait Act of 1887 was called into. 
force; and the catching and transportation of them in such 
a manner and for such a purpose is therefore an entirely | 
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