QUESTION SIX. 99 



and eventual effect, such as Mr. Canning had in mind, it would now 

 operate, not to exclude American fishermen, but to leave them in 

 undisputed enjoyment of their fishing liberty in common with 

 British and French subjects in all the waters of the western coast of 

 Newfoundland. 



The British admission in 1857. 



The right of American fishermen under the treaty of 1818 to fish 

 in the bays and harbors of the west coast of Newfoundland was again 

 recognized by the British Government in discussing with the New- 

 foundland Government in 1857 the effect of the treaty negotiated by 

 Great Britain in that year with France. 



By Article I of that treaty it was agreed that French subjects 



shall also have the right to fish, and to use the strand for fishery pur- 

 poses, during the said season, to the exclusion of British subjects, on 

 the north coast of Newfoundland, from the Quirpon Islands to Cape 

 Norman; and on the west coast, in and upon the five fishing-harbours 

 of Port-au-Choix, Small Harbour, (or Petit Port), Port au Port, Red 

 Island, and Cod Roy Island. 6 



It will be observed that the fishing right to be enjoyed by French 

 subjects under this treaty in the harbors on the west coast of New- 

 foundland is described as a right " to the exclusion of British sub- 

 jects ", rather than as an exclusive right, and the reason for using this 

 particular form of expression was explained by Mr. Labouchere, 

 then Secretary of State for the Colonies, in his letter of January 

 16, 1857, to the Governor of Newfoundland, transmitting a copy of 

 the treaty for legislative action, as follows : 



Along the little tract of shore between Quirpon Islands and Cape 

 Norman shore, and also at the five reserved points, the French rights 

 of fishery are described as " to the exclusion " of " British subjects." 

 This phrase requires explanation. It need scarcely be said Her Maj- 

 esty's Government could entertain no idea of ceding to any Foreign 

 Nation special rights to the exclusion of her own subjects in par- 

 ticular, even on points of such minute geographical importance as 

 these. No such consequences follow here. But the phraseology was 

 rendered unavoidable by the peculiar position in which this country 

 was placed by former negotiations. In 1818 the British Govern- 

 ment concluded the convention of October 20th of that year with the 

 United States, in which it is, among other things stipulated, that the 

 inhabitants of the United States, shall have liberty to take fish " in 

 common with the subjects of His Britannic Majesty " on the western 

 and northern coast of Newfoundland, from Cape Ray to the Quirpon 

 Islands. Now on the assumption that the French right on that coast 



TJ. S. Counter-Case Appendix, p. 277. 

 6 TJ. S. Case Appendix, p. 59. 



