10,529.
PUBLIC RECORD
OFFICE
Reference :-
TILLCO.
السياسيا
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 257.
(NEWFOUNDLAND.)
LAW OFFICERS to FOREIGN OFFICE.
fishery clalina.
prefer counter-
We were honoured with your Lordship's commands, signified in Sir Julian Fortune Bar Pauncefote's letter of the 11th ultimo, stating that he had the honour to transmit to Protot
Temple, June 1881. us, by your Lordship's direction, the printed correspondence noted in the margin, claims. together with two letters, dated the 28th and 11th April, from the Colonial Office, relative to certain counter-claims which the Newfoundland Government desired to prefer in reduction of the indemnity claimed by the United States' Government in respect of the incident at Fortune Bay, which was the subject of our reports of the 15th July and 27th September last (Correspondence 1880-1, pp. 59 and 75).
That those counter-claims arose out of losses sustained by Newfoundland fishermen, who alleged that their nets were wantonly destroyed by American fishing vessels after the incident at Fortune Bay, by way of retaliation.
That the particulars of those counter-claims would be found in the affidavits transmitted in the Colonial Office letter of the 28th March last.
That, with reference to the charge of wanton destruction of those nets by way of retaliation, Sir Julian Pauncefote was to invite our attention to the affidavits of Saunders and Cluett, taken shortly after the date of the Fortune Bay incident, copies of which were furnished at the time to the United States' Government. That they will be found at pp. 25 and 31 of the print of 1878-79.
That Sir Julian Pauncefote was to refer us to the following papers on the subject:- Print, 1880-81, No. 89, p. 96; No. 90, p. 101; No. 93, p. 102; No. 96, p. 103; No. 118, p. 116; No. 174, p. 134.
That Sir Julian Pauncefote was to observe that in the letter addressed by your Lordship to Mr. Lowell, dated the 27th October last (Print, No. 65, p. 81), in which your Lordship expressed the willingness of Her Majesty's Government to pay a reasonable indemnity in respect of the Fortune Bay claims, no mention was made of any counter-claims.
That Sir Julian Pauncefote was to request that we would take those our consideration, and favour your Lordship with our opinion, at our earliest con- venience, whether, looking at the evidence and considering all the circumstances, the papers into counter-claims in question could properly be preferred by Her Majesty's Government. That Sir Julian Pauncefote was to add that the Premier of Newfoundland (Sir William Whiteway, Attorney-General of the Colony) was expected in this country in course of the month.
In obedience to your Lordship's commands we have the honour to
Report
bringing forwar counter-claime
That we have considered these papers, and particularly with reference to Sir Reasons inst J. Glover's inclosure, No. 118, Print, 1880-81, the affidavits of Saunders, p. 25, Print, 1878-79, and Cluett, 31, Print, 1878-79.
In our opinion the evidence of malicious intention on the part of the American fishermen is too weak to enable Her Majesty's Government properly to support the counter-claims of the Newfoundland fishermen.
And we are further of opinion that if the evidence had been more conclusive the small amount of damage done, and the delay in making the counter-claims, would be strong reasons against now bringing them forward in reduction of any compensation to which the United States' fishermen may ultimately be held entitled.
But we think it would be well to defer coming to a final determination until the wait arrival of views of the Premier of Newfoundland have been fully ascertained and considered.
We have, &c.,
(Signed) HENRY JAMES.
+
FARRER HERSCHELL.
Premier of New foundland.
▲ 13916-824. 25.-12/84.
J. PARKER DEANE.