BRITISH, COLONIAL AND OTHEE CORRESPONDENCE, ETC. 307 



Moreover, in the allotments for French use there was to be re- 

 served in each case to the British Government, a sufficient space for 

 the erection of wharves, &c., and other public works or buildings, 

 which, however, were not to be erected without previous consent on 

 the part of the French Government. 



It was further contemplated that all establishments or settlements 

 existing at the time, British or French, were, under certain provisos, 

 to remain undisturbed. 



In addition to the appointment of a Commission of Demarcation, 

 a Mixed Commission was to be appointed, which was to be named 

 the Fishery Commission, and was to act in conformity with Joint 

 Instructions based on the Articles of the Agreement. 



The duty of the Fishery Commission was to see that neither Brit- 

 ish nor French fishermen were interrupted in their fishing operations. 



The Fishery Commission was to have power to punish any person 

 contravening its orders or decisions, either by means of fines or seiz- 

 ure of property. 



The French were to be allowed to leave their boats, &c., during the 

 winter months, and to erect dwelling-houses for their guardians, who 

 might be either French or British. 



The French were to be allowed to purchase bait, (both herring and 

 capelin) on shore or at sea, on the southern coast of Newfoundland, 

 at such times as British subjects might lawfully take the same, free 

 from all duty or restriction not equally imposed on British subjects. 



The French Commissioner, on being made acquainted with the 

 substance of the draft Articles, reported at a meeting of the Com- 

 mission that the French Government were unable to accept the ar- 

 rangement embodied in them, stating that the principle of British 

 and French occupying the same harbours and fishing-grounds could 

 never be entertained. 



It is not necessary to enter further on these negotiations, as they 

 did not result in any agreement being come to. 



On comparing the provisions of the various proposals enumerated 

 above with those embodied in the present Arrangement, the advan- 

 tages to the Colony offered by the latter will at once be seen. 



The result under its provisions will be: 



1. That fixed settlements of every description will be allowed on 

 the very extended portions of the coast which are tinted in red on 

 the Map, with the exception of fishing establishments which Her 

 Majesty's Government have never contended to be permissible under 

 the Treaties. 



2. That the claim of the French to an exclusive right of fishery 

 will be withdrawn, as the Arrangement recognizes the concurrent 

 right of British fishermen to fish everywhere on the coast between 

 Cape St. John and Cape Ray, under the condition of not interfering 

 with or molesting French fishermen when in the exercise of their 

 fishing industry. 



3. That the claim of the French to the right of fishing in rivers, 

 except at the mouths, as far as the water remains salt, is withdrawn, 

 and the practice of barring the rivers is prohibited. 



4. That all fixed settlements, fishery or otherwise, at present exist- 

 ing within the limits of that portion of the coast over which the 

 French enjoy Treaty rights, will not be disturbed. 



92909 S. Doc. 870, 61-3, vol 6 28 



