INTRODUCTION xvu 



the war was somewhat favorable to France, it is natural to expect that 

 the provisions of the Treaties of Utrecht and Paris regarding the French 

 fishery rights would be modified in favor of France. This actually 

 happened, for the French retained the rights secured by the Treaty of 

 Utrecht, which was solemnly confirmed, and the Islands of St. Pierre and 

 Miquelon were "ceded in full right, by the present treaty, to his Most 

 Christian Majesty." While the French fishing rights were the same, 

 the territorial Umits within which they were to be exercised were 

 changed by mutual consent and for reasons which were adequately 

 set forth in Article V: 



"His Majesty the Most Christian King, in order to prevent the quarrels which 

 have hitherto arisen between the 2 Nations of England 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 50 degrees North latitude; and 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 47 degrees, 50 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." • 



The eastern part of Newfoundland faces Great Britain, and the 

 town of St. John was the heart of the British colony. It was natural 

 that British colonists along the eastern coast between Bonavista and 

 Cape St. John would come into conflict with French fishermen, and, 

 animated by a desire to prevent the conflict of interests by removing its 

 cause, the two nations agreed to a modification of the boundary; but 

 the loss on the eastern coast of Newfoundland was compensated by a 

 greater extent of territory on the western shore; namely, from Point 

 Riche to Cape Ray, at the extreme southwest. A fertile source of con- 

 troversy between the two nations arose from the fact that France con- 

 sidered as exclusive its right to fish within the limits set by the Treaty 

 of Utrecht, whereas Great Britain denied the exclusive character of the 

 French rights. The exclusion of British fishermen from what is com- 

 monly called the French shore would indeed have prevented competition 

 and conflict of interest, but, as sovereign of the island. Great Britain was 

 naturally unwilling that its subjects should be excluded from a profit- 

 able fishery. The most it was willing to concede was that French 

 fishermen should be entitled to fish within specified portions of British 

 sovereignty and to use specified portions of the shores of Newfoundland 



^Appendix p. 376; Appendix, U. S. Case, p. 53; Appendix, British Case, p. 11. 



