258 MISCELLANEOUS 



I am accordingly instructed to give this notice to your Excellency, 

 but I am, at the same time, to observe that Her Majesty's Govern- 

 ment are not without apprehensions that the enforcement of these 

 notices on either side, without taking steps to ascertain by local 

 enquiry in what respect, and to what extent, the subjects or either 

 Government may have encroached and disregarded the terms of 

 treaties, may lead to much unpleasant discussion, and may be produc- 

 tive of inconvenience and loss to the subjects of both parties, which 

 by a timely understanding might be avoided. It appears to Her 

 Majesty's Government that the interval which must elapse before the 

 Fishery on the Coast of the Island of Newfoundland can be resumed, 

 might with much advantage be employed in ascertaining to what 

 extent the provisions of treaties have been transgressed by either 

 party ; when this is ascertained there would probably be no difficulty 

 on the part of the authorities of either country in restricting their 

 respective subjects to a literal observance of the terms of those trea- 

 ties; and, at all events, no discussion could arise between the two 

 Governments as to any measures which might be taken by their 

 authorities for that purpose, when once the points on which the 

 treaties have not been observed by their respective subjects are ascer- 

 tained. 



And it might turn out that an impartial enquiry on the spot, 

 might suggest the means of a compromise on the matters in dispute, 

 and that the interests of the subjects of both countries might thus be 

 provided for, and all prospect of future collision thereby averted. 



If the Government of the Emperor of the French concur in this 

 suggestion, Her Majesty's Government will immediately name one 

 or two Commissioners, as may be agreed on, for the express purpose 

 of ascertaining in conjunction with the like number of Commission- 

 ers appointed by the Imperial Government, in what respect, and to 

 what extent, the subjects of the respective nations upon the coast of 

 Newfoundland, are in the habit of disregarding the provisions of 

 the Treaties by which, within certain limits, the fishery upon those 

 coasts is secured to French subjects. 



I have, &c., &c., COWLEY. 



To Count WALEWSKI, &c., &c. 



Count Walewski to Lord Cowley. 



Translation. Original in French.] 



PARIS, 5th January, 1850. 



M. LE COMPTE: Your Excellency, in acquainting me, by your let- 

 ter of the 3r3th December, with the apprehensions felt by Her Britan- 

 nic Majesty's Government, with respect to the execution of the in- 

 structions destined for the Commandants of the English and French 

 Naval Forces at Newfoundland, expressed to me the desire to ascer- 

 tain (before the period when they will be put in force) , by an in- 

 quiry on the spot, the extent to which the subjects of the respective 

 nations have exceeded their rights. 



The difficulties raised by the Newfoundland question, appear to 

 the Emperor's Government to proceed solely from a difference in 

 the interpretation of treaties; and it cannot, therefore, share in the 



