ARGUMENT OF MR. ROOT 135 



July last I observed that the right of British subjects to fish concurrently 

 with French citizens has never been surrendered, though the British fisher- 

 men are prohibited by the second paragraph of the Declaration of Versailles 

 from interrupting in any manner by their competition the fishery of the French 

 during the temporary exercise of it which is granted to them." 



That is a specimen of the numerous contentions which are to 

 be found throughout this long historical document, all of which 

 go to the assertion that Great Britain had a right to partici- 

 pate as against the French assertion of their right to exclude 

 British subjects. You remember Lord Derby's letter of the 12th 

 June, 1884, in which he says that the grant of the French rights 

 impressed upon the waters of Newfoundland something of the 

 character of a common sea for the purpose of fishery. In the 

 correspondence in 1886 we have a very illuminating exposition 

 of what the real character of the French and English right was 

 considered to be by Great Britain. I refer to the United States 

 Counter-Case Appendix, p. 316, where will be found a letter from 

 Count d'Aubigny to the Earl of Iddlesleigh. It is dated 20th 

 September, 1886: 



"My Lord: A decree of the Newfoundland Government dated the 9th 

 August last, has prohibited lobster fishing for three years, from the 30th 

 September next, in Rocky Harbor (Bonne Bay, 'French Shore'). 



"I am instructed to inform your Excellency that, in view of the fishery 

 right conferred on France by the treaties in the part of the island to which 

 the Decree applies, a right which can evidently not be restricted in its exer- 

 cise, it is impossible for my government to recognize in any way the validity 

 of the measure taken by the Newfoundland authorities." 



On p. 317 we have another from the French Captain LeClerc 

 to Captain Hamond, a British captain, and in the last paragraph, 

 p. 318, Captain LeClerc says: 



"I think it right to let you know that I am giving orders to vessels of my 

 division to take no notice of a Decree which regulates a fishery the enjoy- 

 ment of which belongs only to France." 



On p. 319 there is a letter from the Governor of Newfoundland 

 tp, Mr. Stanhope, of the Colonial Ofiice, in which he says: 



"Sir: In accordance with your instructions," — 

 • . iliis is dated 24th November, 1886 — 



