1871.
MY LORD.
No. 172.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, January 28, 1890. letter of the 4th ultimo, stating that he was directed by your Lordship to transmit to us copy of a despatch from the Governor of Newfoundland, with a letter from Mr. Justice Pinsent covering a presentment from the Grand Jury at St. George's Bay in that island, in which (paragraphs 8 and 9) the question was raised whether French fishermen had the right, under the treaty engagements between this country and France, to export bait taken from the Colonial waters or to sell bait within those
waters.
That the treaty engagements above referred to were set out in the accompanying printed paper, and that copies of the Colonial Acts relating to the exportation and sale of bait were enclosed for referenco.
That Mr. Bramston was to explain generally that the primary object of those Acta had been to prevent the French from purchasing bait on the South Coast of Newfoundland for the prosecution of the fisheries on the banks of Newfoundland, outside territorial waters.
That the right of the French to take fish did not extend to the South Coast, but that former Law Officers had advised that they had the right to take all kinds of fish along the West and North-East Coasts to which their treaty rights extended.
That on that point Mr. Bramston was to enclose two opinions given by the Law Officers of the Crown in 1859.
That your Lordship would be glad if we would be good enough to take the papers. into our consideration, and inform you whether, in our opinion, the acts on the part
of French fishermen of which the presentment complained, were within the treaty rights of the French.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That we concur in the opinion of our prodecessors, as expressed in their Report of the 24th March 1859, that the French are entitled by treaty to take all kinds of fish, and not only such as require to be dried or otherwise treated. These treaty rights do not entitle the French to sell or purchase bait for exportation, except under the provisions, and subject to the limitations, of the Local Act of 1889. In this respect they are exactly in the same position as the native fishermen.
The Right Hon. Lord Knutsford, G.C.M.G.,
&c.
&c. &c.
We have, &c.,
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
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PUBLIC RECORD OFFICE
C.O.
Reference :-
885
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