BRITISH, COLONIAL AND OTHEE CORRESPONDENCE, ETC. 323 



The Marquis of Salisbury to M. Waddington. 



FOREIGN OFFICE, August #4, 1887. 



M. L'AMBASSADEUK : With reference to your letter of the oth ultimo, 

 upon the subject of the use of cod-traps off the coast of Newfound- 

 land, and certain claims of French citizens in connection therewith, I 

 have the honour to acquaint your Excellency that after careful con- 

 sideration Her Majesty's Government have come to the conclusion 

 that the French fishermen have no legitimate claim to compensation 

 in respect of the losses which they allege that they have suffered in 

 consequence of the use of cod-traps by British fishermen. 



The claim to compensation is based on a supposed violation of the 

 Declaration signed at Versailles on the 3rd September, 1783. 



It is important, therefore, not only to examine carefully the terms 

 of that Declaration, but also to bear in mind the circumstances under 

 which it was made. 



In the first place, I need hardly remind your Excellency that the 

 right of fishery conferred on the French citizens by the Treaty of 

 Utrecht did not take away, but only restricted during a certain 

 period of the year and on certain parts of the coast, the British right 

 of fishery inherent in the sovereignty of the island. 



The restriction on the British right of fishery laid down in the 

 second paragraph of the Declaration is that it should not be exer- 

 cised by British fishermen so as to " interrupt in any manner by their 

 competition the fishery of the French ; " and " for this purpose " it 

 was declared that the British fixed settlements (which were used on 

 the shore for the " peche sedentaire " as distinguished from the 

 " peche nomade ") should be removed. This was a most important 

 provision, as it had been a subject of complaint that, at the opening 

 of the fishery season, the shore was found occupied by the fishing- 

 scaffolds or " etablissements sedentaires" of the Newfoundland 

 fishermen. 



The third paragraph of the Declaration proceeds to lay down, 

 " among other things, that the Xlllth Article of the Treaty of 

 Utrecht shall govern the rights of fishery, and be observed by either 

 party; the French fishermen building only their scaffolds, confining 

 themselves to the repair of their fishing-vessels, and not wintering 

 there; the subjects of His Britannic Majesty, on their part, not 

 molesting in any manner the French fishermen during their fishing, 

 nor injuring their scaffolds during their absence." 



Her Majesty's Government have always held that there is nothing 

 in the XHIth Article of the Treaty of Utrecht, or in the Declaration 

 of 1783, which deprives British subjects of the right of taking fish at 

 sea off that part of the shore to which the French Treaty rights 

 apply, provided they do not molest the French fishermen in the ex- 

 ercise of their Treaty right of fishing, nor interrupt them by their 

 competition. It is manifest that such molestation and interruption 

 can only refer to a physical obstruction and impediment to the ex- 

 ercise of the French right of fishery, and not to any diminution to 

 the French catch of fish which may be supposed to result 'from the 

 :mere participation by British fishermen in the sea fishery. 



If cod-traps are used by British fishermen in fishing-grounds 

 within the French fishery limits which are bond fide required by 



92909 S. Doc. 870, 61-3, vol 6 29 



