THE NEWFOUNDLAND FISHERY QUESTION. 207 



raised by the Newfoundland Government, the following clause was 

 added with the approval of the French Government : 



" No Lobster Fisheries which were not in operation on the ist July, 1889, shall be 

 permitted, unless by the joint consent of the British and French Senior Naval Officers 

 on the station. In consideration of each new Lobster Fishery so permitted, it shall 

 be open to the fishermen of the other country to establish a new Lobster Fishery on 

 some spot to be similarly settled by joint agreement between the Naval Commanders." 



When, however, this modified " Modus Vivendi," was communi- 

 cated by Lord Knutsford, on March 1 2th, to the Colonial Govern- 

 ment, within three days of its receipt, the Parliament of Newfound- 

 land unanimously condemned the arrangement, and on the 14th 

 inst. the Governor of the Colony telegraphed as follows to H.M. 

 Colonial Minister : 



' ' My Ministers strongly protest against what would in modus vivendi appear to be 

 admission of concurrent rights of Lobster Fishing, and are of opinion that this 

 arrangement would be prejudicial to position of Newfoundland in future negociations. 

 They further contend that Imperial Government should bear expense of losses of those 

 who have established factories since date ist July. They consider that as this modus 

 ■vivendi has been concluded without their concurrence it is not for them to advise as to 

 giving notice to those whom it may affect." 



The following day the Governor also forwarded by telegraph the 

 following message : 



" Resolution passed by both Houses of Parliament last night in identic terms 

 emphatically protesting against modus ■vivendi as being prejudicial to British fishing 

 and territorial rights, and being contrary to assurances of Her Majesty's Government 

 that right of fishing should not be interfered with without consent of Colonial Legisla- 

 ture ; further, that this arrangement is objectionable as indicating admission of non- 

 existent concurrent rights on the coast." 



The rejection by the Legislature of Newfoundland, of the " Modus 

 Vivendi " for the fishing season of 1890, on the ground that it re- 

 cognised the concurrent rights of France to lobster fishing in the 

 Bays and Harbours of Newfoundland, which they considered goes 

 far beyond their Treaty Rights, and they feared that this recognition, 

 even for the brief interval of one fishing season, might be pre- 

 judicial in any future negotiations to the fishing interests of the 

 Colony. 



This result was disappointing, and as unexpected to H.M. Govern- 

 ment, as it was to the Government of France, especially when it is 

 borne in mind the concessions made by the French Government, at 

 he request of England, to meet the objections raised by the Legisla- 



