20 COUNTER CASE OF THE UNITED STATES. 



island to which the Decree applies, a right which can evidently not be 

 restricted in its exercise, it is impossible for my government to recog- 

 nize in any way the validity of the measure taken by the Newfound- 

 land authorities.* 



In reply to an inquiry on the subject, the Governor of Newfound- 

 land informed the British government in his letter of November 24, 

 1886, that " though I have as yet had no communication from my 

 ministers on the subject, I may mention at once that there was never 

 any intention of enforcing this Order against French subjects." & No 

 attempt was made to enforce the order referred to against French 

 fishermen, and on July 5, 1887, Lord Salisbury wrote to the French 

 Ambassador at London: 



With reference to Count d'Aubigny's letter of the 20th September 

 last, in regard to the prohibition by the Newfoundland Government 

 of fishing for lobsters in Bonne Bay, I have the honour to acquaint 

 your Excellency that a despatch has been received from the Governor 

 of that Colony in which he states that his Government have given 

 a formal assurance that the prohibition will not be enforced against 

 French citizens to whom there had not been any intention of apply- 

 ing it. c 



Conditions existing upon the treaty coasts in 1818. 



The conditions upon the Newfoundland coasts, when the treaty 

 of 1818 was entered into, are of interest in connection with the 

 subject of the regulation of the fishing operations of foreign fishing 

 vessels on those coasts, and, so far as they bear upon that subject, arc 

 disclosed by the following extracts from a publication prepared on 

 behalf of the people of Newfoundland in 1890 with reference to the 

 French treaty rights in Newfoundland : d 



During the whole period covered by the dates of these treaties, 

 from 1713 to 1815, Newfoundland was, in fact, nothing but a station 

 on the other side of the Atlantic, to which the fishermen of England 

 and France annually resorted for the fishing or summer season only. 

 Although by the terms of the treaties the " sovereignty " was declared 

 to be in Great Britain, yet in fact, colonisation or settlement was not 

 only not existing or contemplated, but was even prohibited by Great 

 Britain under severe penalties. The fishermen of the two nations 

 met on the Newfoundland fishing grounds, living on board their 

 vessels, and prosecuting their fishing in their boats, and occupying 

 the land, or rather the beaches on the coast, only for the temporary 



U. S. Counter-Case Appendix, p. 317. 



6 U. S. Counter-Case Appendix, p. 319. 



C U. S. Counter-Case Appendix, p. 322. 



* The Case for the Colony, stated by the People's Delegates, Sir J. S. Winter, 

 K. C. M. G., Q. C. ; P. J. Scott, K. C. ; and A. B. Morine, M. L. A, published by 

 P. S. King & Sons, Parliamentary booksellers, 5 King Street, Westminster, S. W., 

 London. 



