338 MISCELLANEOUS 



ARTICLE III. A pecuniary indemnity shall be awarded by His 

 Britannic Majesty's Government to the French citizens engaged in 

 fishing, or the preparation of fish on the " Treaty Shore," who are 

 obliged either to abandon the establishments they possess there, or to 



ive up their occupation, in consequence of the modification intro- 

 uced by the present Convention into the existing state of affairs. 

 This indemnity cannot be claimed by the parties interested unless 

 they have been engaged in their business prior to the closing of the 

 fishing season of 1903. Claims for indemnity shall be submitted to 

 an arbitral tribunal composed of an officer of each nation, and, in the 

 event of disagreement of an umpire appointed in accordance with the 

 procedure laid down by Article XXXII of the Hague Convention. 

 The details regulating the constitution of the tribunal and the condi- 

 tions of the enquiries to be instituted for the purpose of substantiating 

 the claims shall form the subject of a special agreement between the 

 two Governments. 



ARTICLE IV. His Britannic Majesty's Government, recognizing 

 that, in addition to the indemnity referred to in the preceding article, 

 some territorial compensation is due to France in return for the sur- 

 render of Her privilege in that part of the island of Newfoundland 

 referred to in Article II., agree with the Government of the French 

 Republic to the provisions embodied in the following articles. 



(The remaining Articles set forth the material concessions in other 

 parts of the Empire, which have been necessary for His Majesty's 

 Government to make, to secure for Newfoundland the important 

 advantages of this convention.) 



Notes have also been exchanged providing for reciprocal recogni- 

 tion of British Consul at St. Pierre and French Consul at St. John's, 

 Newfoundland, on convention coming into force, and defining fixed 

 engines, and giving assurance that Article II. precludes suppression 

 of liberty hitherto enjoyed by French fishermen of purchasing bait 

 in any port or harbor of the Treaty Coast. 



ALFRED LYTTELTON, 

 Secretary of State for the Colonies. 



No. XII. 



Despatch to Secretary Lyttelton asking if the twentieth of October 

 clause applies to our Fishermen. 



MINUTE OF COMMITTEE OF COUNCIL. 

 [Sent 15th April, 1904.] 



Ministers request me to state that if the right of the people of this 

 Colony to its fisheries throughout the year is not preserved, they 

 cannot approve the arrangement. If British fishermen were prohib- 

 ited from the Winter Fishery under Convention or other instrument, 

 does not His Majesty's Government realize that the whole winter 

 fishery would be in the hands of Americans by virtue of Treaty 

 1818, and British subjects must find themselves in most invidious 

 and ruinous position. Ministers must press that close season shall 

 only apply to concurrent right of French fishermen. 



CAVENDISH BOYLE, 

 Governor of Newfoundland. 



