« PreviousContinue »
And whereas the said High Contracting Parties have agreed to extend for the fishery season of 1891 the modus vivendi agreed to in 1890, which was as follows :
[See Vol. LXXXII, page 993.] Be it therefore enacted by the Governor, Legislative Council, and House of Assembly in Legislative Session convened :
1. In case Her Majesty, her heirs and successors, by advice of her or their Council, shall give orders or instructions to the Governor of Newfoundland, or to any officer or officers on that station, which she or they deem necessary and proper to fulfil the purposes of the said Treaties, Declarations, and Agreements, and to that end shall give orders and instructions to the Governor or officer or officers aforesaid, to remove or cause to be removed any stages, flakes, train fats, or other works whatever, for the purpose of carrying on the fishery erected by Her Majesty's subjects on that part of the coast of Newfoundland which lies between Cape St. John, passing to the north and descending to the western coast of the said island to the place called Cape Raye, and also all ships, vessels, and boats belonging to Her Majesty's subjects which shall be found within the limits aforesaid ; and also in case of refusal to depart from within the limits aforesaid, to compel any of Iler Majesty's subjects to depart from thence, any law, custom, or usage to the contrary notwithstanding; any acts done by the said Governor, or officer or officers, in pursuance of such orders or instructions as aforesaid shall be lawful, and no action, suit, or other proceeding shall be brought or maintained in respect of the same.
2. In case Her Majesty, her heirs and successors, by advice of her or their Council, shall give orders or instructions to the said Governor, or officer or officers, which she or they deem necessary for the purpose of carrying out or enforcing the said modus vivendi during the fishery season of 1891, or any continuation thereof pending the arbitration aforesaid, and for the purpose of giving effect to the decision in said arbitration, any acts done by the said Governor, or officer or officers, in pursuance of such orders or instructions shall be lawful, and no action, suit, or other proceeding shall be maintained in respect of the same.
3. If any person shall refuse, upon requisition made by the said Governor, or officers lawfully acting in pursuance of such orders or instructions as aforesaid, to conform to such requisition and directions as the said Governor or officers shall lawfully make or give for the purpose aforesaid, such person so offending shall forfeit the sum of 200 dollars; provided always that every such suit or prosecution shall be commenced within one year from the commission of such ofeuce.
4. This Act may be cited as The Newfoundland French Treaties Act," and shall continue in force only until the end of 1893, and no longer.
BRITISH ORDER IN COUNCIL, approving Orders and
Instructions to Her Majesty's Naval Officers respecting the
At the Court at Windsor, the 23rd day of June, 1891. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS there was this day read at the Board a letter from the Right Honourable Lord Knutsford, one of Her Majesty's Principal Secretaries of State, transmitting the draft of Orders and Instructions to the naval officers on the coast of Newfoundland, under the powers vested in Her Majesty by an Act passed by the I.egislature of that Colony in 1891, entitled " An Act for the purpose of carrying into effect engagements with France respecting fisheries in Newfoundland :"
Her Majesty, having taken into consideration the said Orders and Instructions (a copy whereof is hereunto annexed), was pleased, by and with the advice of her Privy Council, to approve the same, and to order that they be forthwith carried iuto effect.
And the Right Honourable Lord Knutsford, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.
C. L. PEEL.
Orders and Instructions to the Naval Officers on the Coast of New
foundland given under the Powers vested in Her Majesty by the Newfoundland French Treaties Act passed in 1891 by the Legis. lature of Newfoundland.
I. The most important duty intrusted to naval officers on the coast of Newfoundland is in relation to the French fishery, and their attention is called to the following Treaties, Conventions, and Acts of Parliament, &c., which bear upon that fishery, viz. :
1. Article XIII, Treaty of Utrecht, 31st March, 11th April, 1713, in Vol. 1, page 236, “ Hertslet's Treaties."*
* Vol. I, page 420.
2. Article V, Treaty of Paris, 10th February, 1763, in Vol. 1, page 239, “ Hertslet's Treaties.''
3. Articles IV and V, Treaty of Versailles, 3rd September, 1783, and the Declarations of the respective Sovereigos of Great Britain and France attached thereto.t
4. Article XIII of the Definitive Treaty of Peace between Great Britain and France, 30th May, 1814, in Vol. 1, page 241, “Hertslet's Treaties."
5. The modus vivendi agreed to between the British and French Governments for the fishing season of 1890, 9 and renewed for the fishing season of 1891.||
6. Laws and Regulations relating to fisheries, cap. 102, “ Consolidated Statutes of Newfoundland, 1872,1 and certain later Colonial Acts which can be obtained from the Colonial Government.
7. The Act passed in 1891 by the Colonial Legislature to secure till the end of 1893 performance of the above Treaties, and of the modus vivendi.
II.-When proceeding to St. John's, the senior officer is, unless otherwise ordered, to detach the officer next in seniority to himself, to communicate with the senior officer of the French ships of war employed on the fishery, for the purpose of assuring him that it is the Commander-in-chief's anxious desire to prevent all encroachments on admitted rights, and all collisions between the fisherinen of the two nations.
2. The mission of the naval officers, so far as regards the French, is to be confined to ascertaining facts and maintaining good order. They are not to decide any questions which have arisen or may arise between the French officers and themselves respecting the interpretation of the Treaties; and it is desirable that in their intercourse with the Freuch their duties should be carried out in as conciliatory and moderate a manner as possible.
3. In their dealings with British fishermen, as well as with those of other nations, they are to exercise a spirit of forbearance and moderation ; bearing in mind that while they are to protect British subjects in the prosecution of their lawful trade, it is equally their duty to prevent those subjects encroaching on the just rights of others.
4. On that portion of the coast of Newfoundland where the French enjoy rights of fishing, secured to them by the Treaty of Utrecht, 1713, and Definitive Treaty and Declarations of 1783,
* Vol. I, page 422. + Vol. I, page 424.
Vol. I, page 162. § Vol. LXXXII, page 993.
|| Page 415. “Hertslet's Treaties." Vol. 14, page 1229.
notwithstanding whatever doubts or whatever questions may from time to time have arisen as to the exact interpretation to be placed upon those rights; the paval officers will take especial care that the admitted rights of the French shall be maintained, and that British fishermen shall be prevented from interfering in any manner with the free enjoyment by the French fishermen of their rights of fishery.
And to this end in case any British subjects shall fail to comply with the orders of the Commander of one of Her Majesty's ships, given with a view to preventing such interference, such Commander may compel any British subjects so refusing to depart from within the limits aforesaid or from any place within those limits, together with any ship, vessel, or boat belonging to or used by such British subjects, and may take possession of any nets or other gear belonging to or used by such British subjects, and may retain the same for such period as may appear to bim to be necessary to insure compliance with his orders.
The said portion of the coast extends from Cape St. John passing to the north and descending by the west coast to Cape Raye, and may for purposes of brevity be described in correspondence as the “ Treaty Shore” or “ Treaty Coast.”
5. The French have no right to fish in or to bar any of the rivers of Newfoundland ; but in the event of any Frenchmen being iound so engaged, the naval officers are to limit themselves to warning them that their proceedings are illegal, and protesting to the French Naval Commander against the continuance of such practices; at the same time reporting forth with the circumstances which rendered it necessary for them to take action in the matter.
III. Should the Governor request it, the senior officer may, subject to the approval of the Admiralty, accept commissions of the peace for himself, the officers in command of the ships under his orders, as also for the Senior Lieutenants of the respective ships.
IV. Special care should be taken that any complaint addressed to the Commander of one of Her Majesty's ships, on the part of the officers in command of French cruisers, should be immediately investigated, and the necessary action taken.
It is also desirable that two of Her Majesty's ships should cruise more especially between Canada Bay on the east and Ingornachoix Bay on the west, to insure the prompt arrival of British authorities at any given spot where their presence may be required.
V. The French have no right to take bait, except on those parts of the coast where they enjoy rights of fishing, and they should be warned off, when attempting to do so, on any other part of the coast.
VI.-1. All foreigners who exercise the right of fishing in British waters in common with Her Majesty's subjects are bound, in common with them, to obey the law of the country, including such Colonial laws as have been passed to insure the peaceable and profitable enjoyment of the fisheries by all persons entitled thereto.
2. Except in so far as is provided for in these ivstructions the enforcement of the Colonial laws must be left, as far as the exercise of rights on shore is concerned, to the Colonial authorities, by whom Her Majesty's Government desire they shall be enforced with great forbearance.
The Colonial laws relating to fisheries are to be found in the Consolidated Statutes of Newfoundland, or in the later Acts referred to above.
3. The naval officers are to be very careful to abstain from dealing with cases which involve questions of Treaty rights to a greater extent than may be necessary to maintain order and prevent a breach of the peace, referring such cases at once to the Colonial Government, and to Her Majesty's Government, using their discretion as to sending a duplicate of their official Report direct to the Secretary of the Admiralty in the event of the senior officer not being immediately accessible.
VII. - The naval officers are to give effect to the modus vivendi agreed to by the British and French Governments for the season of 1891, and the Commanders of Her Majesty's ships may give such orders and take such measures as they think necessary for that purpose, acting with patience and discretion in dealing with the questions which may arise between British and French subjects. And especially any of the said Commanders may coinpel any British subject to close any lobster factory which in his opinion is being worked contrary to the modus vivendi, and in case of refusal to comply with his orders may compel any British subject so refusing to depart from within the limits aforesaid or from any place therein together with any ship, vessel, or boat belonging to or used by such British subjects.
VIII.-Any interference with British subjects and property by foreign naval officers is illegal; and if, in any case, there should be any such interference, a remonstrance should be addressed to the officer exercising it, and the circumstance be immediately reported to the Commander-in-chief in the fullest manner for the information of Her Majesty's Government.
[See page 154.]