320 MISCELLANEOUS 



Colonial Office to Foreign Office. (Received February 14-) 



DOWNING STREET, February 12, 1887. 



SIR: A letter has been received in this Department from the Ad- 

 miralty, dated the 15th January last (and it is understood that a 

 similar letter has been addressed to the Foreign Office), inclosing a 

 copy of a letter, dated the llth December, from the Commander-in- 

 chief on the North America and West Indies Station, with inclo- 

 sures, relating to certain matters connected with the Newfoundland 

 fisheries. 



The questions bearing upon the use of cod-traps and the establish- 

 ment of lobster factories referred to in these papers are, in the 

 opinion of Sir Henry Holland, sufficiently disposed of for the pres- 

 ent by the despatch which was on the llth instant addressed to the 

 Governor of Newfoundland. 



It will be observed that Captain Le Clerc, in his letter addressed 

 to Captain Hamond, of the "Emerald," dated the 22nd September 

 last, referring to an Order prohibiting for three years the taking 

 of lobsters in Bonne Bay, takes a more comprehensive view of the 

 French rights on the Newfoundland coasts than did Count d'Aubigny 

 in the note which he addressed to the Secretary of State for Foreign 

 Affairs on the 20th September last. Count d'Aubigny appears to 

 found his complaint on the fact that the French right of fishery can- 

 not be limited by a Colonial Decree ; but the position taken by Cap- 

 tain Le Clerc is tantamount to a denial of the right of the Colonial 

 authorities to issue any Decree binding upon British subjects on 

 matters concerning the fisheries on that part of the coast to which 

 the French rights of fishery extend. As this ground, however, is 

 not taken by the French Government, Sir H. Holland does not think 

 any notice need be taken of Captain Le Clerc's observations; the 

 French Government would, no doubt, be satisfied on receiving an 

 assurance that the Order in question will not be enforced against 

 French subjects. 



On this point I am desired to inclose copy of a despatch which will 

 be addressed to the Governor by the next mail. 

 I am, &c. 



(Signed) ROBERT G. W. HERBERT. 



[Inclosure.] 



Draft of Despatch to Governor Sir G. Des Vo3ux. 



DOWNING STREET, February 12, 1887. 



SIR : In his despatch of the 29th October last my predecessor com- 

 municated to you a note received from the French Charge d'Affaires 

 at this Court, giving notice on behalf of his Government that they 

 could not recognize the validity of an Order passed by the Govern- 

 ment of Newfoundland prohibiting for three years the fishing for 

 lobsters in Bonne Bay. 



In your reply of the 24th November you stated that after your 

 Ministers had had time to consider the despatch in question, you 

 would address the Secretary of State further upon the subject, and 

 you mentioned that there was not any intention of enforcing the 

 Order against French fishermen. 



