84 IHE ARGUMENT OF THE UNITED STATES. 



when fishing is carried on in them both by English and French fisher- 

 men with a character somewhat analogous to that of a common sea 

 for the purpose of the fishery." 



It is shown by Lord Salisbury's reference to the French fishery 

 right in Newfoundland, in his speech in the House of Lords on 

 March 19, 1891, when he said : 



Judging from some utterances that I have seen of I am sorry to 

 say responsible parties, they seem to imagine that the embarrass- 

 ments with which they are struggling are brought on as a result of 

 their loyalty to the Queen and of their connection with this country. 

 That is a great mistake. I do not for a moment think that tl^ere is 

 the slightest probability or chance of the realization of those utter- 

 ances by which their political position would be modified ; but I only 

 say that it is a great mistake to imagine that this difficulty with 

 France would be in the slightest degree affected if they were now at 

 liberty to tender their allegiance to any other sovereignty or state in 

 the world. The rights of the French would attach to that part of the 

 coast under whatever allegiance they might be. 6 



FRENCH ASSERTION OF DOMINANT RIGHTS. 



The aggressive assertion of her rights by France whenever they 

 were disturbed in any manner by Newfoundland and the ready 

 yielding to these assertions by the statesmen of Great Britain also 

 show the consciousness of Great Britain of the strength of the French 

 right as constituting an international servitude. 



On December 13, 1858, Lord Cowley, British minister to France, 

 wrote to Count Walewski, the French minister -for foreign affairs, 

 that the report had reached the British ministry that the com- 

 mander-in-chief of the French naval forces in Newfoundland waters 

 had formally notified him that from the commencement of the 

 ensuing season the French cruisers would " vigorously enforce as 

 against British subjects the rights secured to France by existing 

 treaties," and added that the Imperial Government would not be sur- 

 prised if her Majesty's Government gave on their part " a counter 

 notice that, from the same date, French subjects will be required 

 strictly to conform themselves to the terms of the treaties between the 

 two countries." c 



This was a declaration by the French Government of its purpose 

 to invade with its naval forces the territorial jurisdiction of Great 

 Britain and to there employ those forces against British subjects for 

 the protection of the French fishermen, and the only response of 



a U. S. Counter Case, Appendix, 30. 



6 Hansard's Parliamentary Debates, 3d ser., Vol. CCCLI, p. 1413. 



U. S. Counter Case, Appendix, 257. 



