xviii INTRODUCTION 



for drying and curing fish caught within Newfoundland waters, while 

 retaining for British subjects the right to fish within the same waters, 

 provided they did not interfere with the prosecution of the French 

 fishery. In other words, French and British subjects were to fish in 

 common, and such fishing naturally presupposed competition which 

 should be fair, not unfair, to the subjects of the two nations. In the 

 negotiation of the Treaty of 1783 France sought to take advantage of 

 its success in arms by forcing from Great Britain a declaration that its 

 fishing rights were exclusive in law as well as exclusive in fact. Great 

 Britain refused to concede the right demanded. As a compromise, a 

 Declaration and Counter Declaration were drawn up, to accompany 

 the treaty, but to form no part of it, in which the matured views 

 of the British and French governments were stated. This Declara- 

 tion was important as ascertaining and affecting rights of British 

 and American fishermen in Newfoundland waters. It is of present 

 importance, because it was a subject of prolonged discussion and 

 analysis during the recent arbitration at The Hague. Its material 

 portions are, therefore, quoted in full: 



"Declaration^ 



"The King having entirely agreed with His Most Christian Majesty upon the 

 articles of the definitive treaty, will seeli every means which shall not only insure the 

 execution thereof, with his accustomed good faith and punctuality, but will besides 

 give, on his part, all possible eflficacy to the principles which shall prevent even the 

 least foundation of dispute for the future. 



"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 building only their scaffolds, confining themselves to the repair 

 of their fishing vessels, and not wintering there; the subjects of His Britannic Maj- 

 esty, on their part, not molesting, in any manner, the French fishermen, during their 

 fishing, nor injuring their scaffolds during their absence. 



"The King of Great Britain, in ceding the Islands of St. Pierre and Miquelon to 

 France, regards them as ceded for the purpose of serving as a real shelter to the French 

 fishermen, and in full confidence that these possessions will not become an object of 

 jealousy between the two nations; and that the fishery between the said islands, and 

 that of Newfoundland, shall be limited to the middle of the channel." . . . 



'^ Appendix, p. 377; Appendix, U. S. Case, p. 54; Appendix, British Case, p. 11. 



