BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 257 



Extracts from the Journals of the Legislative Assembly of New- 

 foundland, 1859. 



Lord Gowley to Count Walewski. 



PARIS, December 13th, 1858 



M. LE MINISTRE: Your Excellency is aware of the anxiety which 

 successive administrations of the Queen have for a long time felt, to 

 effect a final settlement, with the French Government, of all questions 

 relating to the Newfoundland Fisheries. 



The last attempt was rendered abortive by the exercise by the New- 

 foundand Legislature of the privileges reserved to it by the XXth 

 Art. of the Convention signed in London on the 14th January, 185T, 

 by which the execution of the provisions of the Convention was 

 rendered dependent on the concurrence of the Colonial Legislature. 



The whole arrangement then fell to the ground, and the two Gov- 

 ernments were replaced, as regards the question, in the same position 

 as that which they occupied previously to its conclusion, and the 

 efforts which have since been made to come to an understanding on 

 the subject, have not been attended with success. 



Under the circumstances Her Majesty's Government, though still 

 anxious for a settlement which might be satisfactory to all parties, 

 and, always on the watch for any opportunity to bring it about, were 

 prepared to leave matters as they have been for many years past, 

 trusting that by mutual forbearance, both Governments might be able 

 to avert the concurrence of events which might produce discussion 

 between them. 



It appears, however, by the reports which have lately reached H. M. 

 Government, that the Commander-in-Chief of the French Naval 

 Forces employed in the protection of the French Fisheries in that 

 quarter has formally notified that from the commencement of the 

 ensuing season, namely the 5th May next, the French cruizers will 

 vigorously enforce as against British subjects the rights secured to 

 France by existing Treaties, and specifically as regards the exclusive 

 right of fishery claimed by France. 



Now, Her Majesty's Government are free to admit that although 

 the Treaties do not in terms confer upon France any exclusive right 

 of fishery, and Her Majesty's Government must continue to deny any 

 claim to that effect, yet, that the operations of French fishermen may 

 have been unduly interfered with by the competition of British fish- 

 ermen, and perhaps by that of the inhabitants of Newfoundland. On 

 the other hand Her Majesty's Government have reason to believe that 

 French subjects have encroached beyond the limits assigned to them 

 by Treaty. 



The Imperial Government will readily admit that if the observance 

 of Treaties is binding on one party, it is equally obligatory upon 

 the other, and they will not be surprised that Her Majesty's Govern- 

 ment, in accepting, as they are bound to do, the notice given by the 

 French Naval Commander, that the Treaty Eights of France will be 

 enforced from the 5th May next against British subjects, give, on 

 their part, a counter notice that, from the same date, French subjects 

 will be required strictly to conform themselves to the terms of the 

 Treaties between the two countries. 



