QUESTION ONE. 23 



policing of the treaty waters for that purpose was entrusted to the 

 war vessels of both Governments. 



In 1857 a treaty was entered into between Great Britain and 

 France, and ratifications were exchanged on January 16 of that year ; 

 and, although it was never put into operation owing to the opposition 

 of Newfoundland, it serves to show the position of Great Britain on 

 the question under consideration. In this treaty it was expressly 

 provided that a joint commission should be appointed, charged with 

 certain duties, one of which was that "the said commissioners or 

 umpire shall frame regulations for the exercise of concurrent rights 

 by the parties to this Convention with a view to prevent collisions, 

 such regulations to be approved by the respective governments; and 

 until so approved, to be enforced provisionally ; but such regulations 

 shall be subject to revision, with the consent of both governments." 



In 1884, and again in 1885, an arrangement was entered into be- 

 tween Great Britain and France, neither of which arrangements 

 went into effect owing to the opposition of Newfoundland on points 

 not involved in the present discussion, and in both of these arrange- 

 ments it was agreed between, the British and French Governments 

 that " the superintendence and the police of the fisheries shall be 

 exercised by the ships of war of the two countries in accordance with 

 the conditions hereafter set forth, the commanders of these ships 

 having sole authority and competency under these conditions in all 

 matters relating to the fisheries, and the operations which result 

 therefrom." 6 



Also in the treaty of 1904, between Great Britain and France, 

 which was duly ratified and became operative in that year and is still 

 in force, it was expressly provided in Article II that France should 

 retain for her citizens, " on a footing of equality with British sub- 

 jects," the right of fishing in a portion of the territorial waters of 

 the coast of Newfoundland, and that " the policing of the fishing on 

 the above-mentioned portion of the coast, and for prevention of 

 illicit liquor traffic and smuggling of spirits, shall form the subject 

 of Regulations drawn up in agreement by the two Governments." 



It was no doubt some such method of regulation as is shown above, 

 that Lord Bathurst intended when he made his suggestion on the 



U. S. Case Appendix, p. 67. c U. S. Case Appendix, pp. 84-85. 



* U. S. Case Appendix, p. 71. 



