MISCELLANEOUS. 1089 



Ambassador's representations on the Fisheries question, quoted 

 above : 



"Cuant a vostre derniere plainte, faite centre Kerg, pour lever 

 quelque chose sur les estrangers pour la pesche en Terre Neufve; S. M. 

 ne scait pas, en particulier, ce qui s'y est passe; c'est pourquoy elle 

 vous en remet a son Conseil d'Estat demeurants a Londres pour 

 y faire vostre remonstrance et recevoir la responce. Se promettant 

 quant & quant de vous une bonne responce sur la plainte que mon 

 collegue vous aura represented, de la nouvelle leve"e faite en France 

 sur nos marchans, en contravention des Trait es, & qui semble porter 

 une intention absplue de rompre ceste bonne intelligence que S. M. 

 garde toujours soigneusement, & pour la conservation de laquelle 

 ses Ministres travaillent incessamment." 



16. There is no doubt that subsequently, in 1662 (published 

 Calendar of State Papers, Colonial, 1661-68, paragraphs 1729-32), 

 shortly after the restoration of the Monarchy in England, the French, 

 taking advantage of the English Government being fully occupied at 

 home, proceeded, although the two countries were at peace, to fortify 

 themselves at Placentia, to drive out the English settlers, and to 

 issue Commissions to Governors purporting to exercise sovereignty 

 over the whole of Newfoundland. 



17. In 1666 and 1667 the French, who were then at war with 

 England, strengthened their hold upon Placentia and the neighbour- 

 ing coasts (Calendar of State Papers, paragraphs 1729-30; and it is 

 stated by Hatton and Harvey, p. 39, that at one time they had 

 established their dominion over a territory of 200 miles in extent. 

 But this episode of the conflict was annulled, so far as any sovereign 

 rights were involved, by Article XII of the Treaty of Peace concluded 

 between Great Britain and France at Breda on the 21st July, 1667, 

 in which the Most Christian King engaged to restore to the King 

 of Great Britain all the islands, countries, fortresses, and Colonies 

 which might have been conquered by the arms of the Most Christian 

 King before or after the signing of that Treaty. 



18. As proof of the continued and uninterrupted assertion of 

 English dominion, it may be pointed out that King Charles II, on 

 the 12th January, 1661, issued letters patent reciting the letters 

 patent of 1637, and granting additional powers for regulating the 

 Newfoundland fishery; and that on the 10th March, 1670, he made 

 an Order in Council containing additional Regulations for the govern- 

 ment of the fishery in Newfoundland, of which the 1st Article author- 

 izes English subjects to fish in all waters, and to dry their fish on 

 shore hi any part of Newfoundland, as fully and freely as any of the 

 subjects "of His Majesty's Royal predecessors," ancl of which the 

 2nd Article declares "That no alien or stranger be permitted to 

 take bait, or fish in any of the rivers, lakes, creeks, harbours, or 

 roads in Newfoundland between Cape Race or Cape Bona Vista, or 

 in any of the islands thereunto adjoining." 



19. The French had, it will be seen, forcibly possessed themselves 

 of parts of the English Island of Newfoundland in time of peace, 

 which thej T continued to hold, but without permission from England. 



In any case, such possession was not considered as implying an 

 admission of French sovereignty over any portion of the island, for, 

 on the outbreak of hostilities after the accession of William III, the 

 King, hi his declaration of war, 7th May, 1689, stated: 



92909 S. Doc. 870, 61-3, vol 3 30 



