304 MISCELLANEOUS 



such harbour. On other parts of the west coast (the five harbours 

 excepted) British subjects were to enjoy a " concurrent " right of 

 fishing with French subjects, but French subjects were to have the 

 exclusive use of the strand for fishery purposes from Cape Norman 

 to Rock Point, in the Bay of Islands, north of the River Humber, in 

 addition to the strand of the reserved harbours. 



A " concurrent " right of fishing was also granted to French sub- 

 jects on the coast of Labrador, from Blanc Sablon to Cape Charles, 

 and of North Belle Isle. 



With regard to the question of fixed establishments, the Convention 

 of 1857 stipulated that no British buildings or inclosures should be 

 erected or maintained on the strand reserved for French exclusive 

 use. It was provided, however, that buildings which had stood for 

 five successive seasons previous to the date of the Convention, without 

 objection on the part of the French Government, should not be liable 

 to removal without equitable compensation to the owners from' the 

 French Government. By the Convention a limited right of jurisdic- 

 tion was conceded to the French, and French naval officers were to have 

 the power to enforce the French exclusive rights of fishing by the 

 expulsion of vessels or boats attempting concurrent fishing, in the 

 case of there being no British cruizing vessel in sight or mado known 

 to be present within a distance of five marine miles. French naval 

 officers were likewise entitled to take such measures as occasion might 

 require to put French fishermen in possession of any portion of the 

 strand of which their exclusive use for fishery purposes was recog- 

 nized by the Convention. 



It will thus be seen that, according to the terms of the Convention 

 of 1857, France would have obtained an exclusive right of fishery 

 on the northern extremity and northeastern coast of Newfoundland, 

 and also on five points on the western coast of the island. 



This Convention did not come into force owing to the objections 

 raised by the Government of Newfoundland. 



In the year 1859 a mixed Commission, composed, on the part of 

 Great Britain, of Captain Dunlop and Mr. Kent (Colonial Secre- 

 tary in Newfoundland), and, on the part of France, of M. de Mon- 

 taignac de Chauvance and M. de Gobineau, was appointed to verify 

 facts connected with the infraction of the treaties; and at the close 

 of that year the Commissioners furnished their 'Report, accompanied 

 by recommendations which led to the reopening of negotiations in 

 1860. 



The terms of a Convention, and of Joint Instructions to be given to 

 the British and French naval officers on the Newfoundland station, 

 were then agreed on, and are enclosed (Enclosure 3), but the negotia- 

 tions fell through, mainly in consequence of the wording of Articles 

 4 and 15 of the Joint Instructions. 



The 4th Article related to the punishment of offenders in fishery 

 disputes, and the 15th Article had reference to the removal of such 

 buildings on the French shore as might interfere with the French 

 fishery, with regard to which it was found impossible to reconcile the 

 conflicting views. 



It may be useful to quote in extenso the latter article, as the use 

 of one word in it contributed more than anything else to the failure 

 of the negotiations. 



