224 THE NEWFOUNDLAND FISHERY QUESTION. 



Sir William Whiteway referred to the above sections of the Act of 

 1788, and admitted that the rights of France for fishing operations 

 were exclusive at that time, and for some time afterwards ; but he is 

 of opinion that no subsequent legislation renewed this Act of 1788, 

 and that, therefore, its operation ceased by the lapse of time. That 

 opinion is, however, not held by France, and she brings forward in 

 support of her position, several important declarations of Statesmen, 

 and Jurisconsults^ which, in justice to her, should not be altogether 

 ignored. 



We find that in 1802, Admiral Gambler, the Governor of New- 

 foundland, declared that all the fishing establishments ought to be 

 destroyed without distinction, and that all British subjects are com- 

 pelled to remove them; and 22 years later, in 1824, the Imperial 

 Parliament prolonged for a period of five years the powers conferred 

 upon the Crown, by the afore-mentioned Act, of 1788. 



In 1835, the Law Advisers of the Crown were consulted by H.M. 

 Government, whether, by the terms of the Treaties, British subjects 

 were permitted to share with the French the right to fish upon the 

 reserved coast-line; and they declared, that in their opinion, the 

 French have the exclusive right to fish on that part of the coast of 

 Newfoundland, from Cape St. John to Cape Ray. 



In 1837, H.M. Government again invited the attention of the 

 Attorney-General to give, de nouveau, an opinion on the same subject, 

 and the following was his declaration : — 



' ' If there really existed within the limits of the districts in question, a space entirely 

 sufficient so that the fishermen of both nations might fish therein without coming in 

 contact with each other, we are inclined to thinic that this country is not bound to pre- 

 vent its subjects from fishing there. It seems, however, from the report of Admiral 

 Halkett, that this is difficult to carry out, and we think that, according to the real 

 bearing or extent of the Treaty and to the declaration, British subjects are excluded 

 from the right of fishing there, if they cannot do it without interfering with French 

 fishing. 



It would appear, therefore, that from 17 13 to 1838, France has 

 claimed, under these Treaties, the exclusive right, and has exercised 

 it, of fishing operations over her reserved ground, and that right has 

 been recognised by the Imperial Parliament on more than one 

 occasion ; and also that H.M. Government, acting on the legal 

 opinions of the Law Advisers of the Crown, have so interpreted 

 and applied the Act of 1788. It is since 1838, that from some 

 cause which is not apparent, this exclusive right contended for by 

 France, has been allowed gradually to be considered by the Colonists 



