26 ARGUMENT OF GEEAT BRITAIN. 



of 1818 and those which have been enjoyed by French fishermen 

 under the various treaties between France and Great Britain. But 

 when the facts are examined it will be seen that there is no analogy 

 between the two cases. 



By the treaty of Utrecht (1783) France surrendered the claim, 

 which she had insisted on up to that time, to the sovereignty of the 

 Island of Newfoundland. But she retained for her subjects 



1. The right to erect stages made of boards and huts necessary 

 and usual for drying fish, and 



2. The right to catch fish on a certain specified portion of the 

 Newfoundland coast. (British Case, App., p. 7.) 



By the treaty between Great Britain and France of 1783, one por- 

 tion of coast over which the fishing privileges which had been ac- 

 quired under th^ treaty of Utrecht was given up and another portion 

 substituted. The material provisions were in the following terms 

 (British Case, App., p. 11) : 



" V. His Majesty the Most Christian King, in order to prevent the 

 quarrels which have hitherto arisen between the two nations of Eng- 

 land and France, consents to renounce the right of fishing, which 

 belongs to him in virtue of the aforesaid article of the treaty of 

 Utrecht from Cape Bonavista to Cape St. John, situated on the 

 eastern coast of Newfoundland, in fifty degrees north latitude; 



and 

 30 His Majesty the King of Great Britain consents on his part 



that the fishery assigned to the subjects of His Most Christian 

 Majesty, beginning at the said Cape St. John, passing to the north, 

 and descending by the western coast of the Island of Newfoundland', 

 shall extend to the place called Cape Raye, situated in forty-seven 

 degrees, fifty minutes latitude. The French fishermen shall enjoy 

 the fishery which is assigned to them by the present article, as they 

 had the right to enjoy that which was assigned to them by the treaty 

 of Utrecht." 



Mutual declarations accompanied this treaty. That of the King 

 of England contained the following: 



" To this end, and in order that the fishermen of the two nations 

 may not give cause for daily quarrels, His Britannic Majesty will 

 take the most positive measures for preventing his subjects from 

 interrupting in any manner, by their competition, the fishery of the 

 French, during the temporary exercise of it which is granted to them 

 upon the coasts of the Island of Newfoundland ; and he will, for this 

 purpose, cause the fixed settlements, which shall be formed there, to 

 be removed. His Britannic Majesty will give orders, that the French 

 fishermen be not incommoded, in cutting the wood necessary for the 

 repair of their scaffolds, huts, and fishing vessels. 



" The thirteenth article of the treaty of Utrecht, and the method 

 of carrying on the fishery which has at all times been acknowledged, 

 shall be the plan upon which the fishery shall be carried on there; it 

 shall not be deviated from by either party; the French fishermen 



