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the inhabitants of the coast, and leads not unfrequently to disputes between British and French subjects.

They have the more reason for confidence in this respect, as the French Declaration of Versailles of 1783 contained a pledge of "constant attention to prevent the Islands of St. Pierre and Miquelon from becoming an object of jealousy between the two nations."

I have to request your Excellency to call the attention of the French Government to the continued existence of this illicit traffic, and to press urgently for the adoption by them of adequate measures for its repression. I am, &c.,

The Earl of Lytton.

SALISBURY.

No. 45.-The Marquess of Salisbury to M. Waddington.

M. L'AMBASSADEUR,

Foreign Office, January 20, 1891.

I HAD the honour to confer with your Excellency on the day before Christmas Day with reference to the present position of the negotiations respecting Newfoundland; and I conveyed to you the probability that, in view of the recent failure of all attempts to close the question by agreement, we should take an early opportunity of inviting the French Government to refer the principal questions in dispute to arbitration. You expressed a general concurrence in this policy, and intimated your willingness to receive any proposals I might have to make.

I now submit to your Excellency, for the consideration of the Government of the Republic, a proposal to refer the extent and limits of the rights secured to France by the Treaty of Utrecht and subsequent stipulations to the decision of an Arbitrator. The principal questions which separate us on the subject of Newfoundland were stated in my despatch to Lord Lytton of the 24th September, which was communicated by him to M. Ribot.

Taking them in the order of their urgency at the present time, they are as follows:

1. Do the words "permis de pêcher et de sécher le poisson," employed in Article XIII of the Treaty of Utrecht, apply to all kinds of animals found in the sea; if not, to which kinds is the application limited?

2. Whether Great Britain, by granting to France the right of drying fish and cutting wood along a portion of the shore of Newfoundland, and by promising the removal of " établissements sédentaires," has engaged to prohibit her subjects from erecting any kind of building on that part of the shore, or only those buildings

which are concerned with the fishery; and, if so, whether lobster factories are included in the prohibition?

3. Do the Treaties, by prohibiting French subjects from any construction on the shore beyond" échafauds et cabanes nécessaires et usités pour sécher le poisson," prohibit them from erecting removable lobster factories?

4. To what depth inland do the prohibitions against building on the part of British subjects, whatever they may be, extend?

5. Whether, under the true interpretation of the Treaties, Great Britain, in virtue of her sovereignty over Newfoundland, possesses on that part of the coast rights of fishery concurrent with those of France, and equal to them; or only rights which must be so exercised as not to disturb the fishery of France?

The controversy is too familiar to the French Foreign Office for it to be necessary for me to accompany this summary of the questions to be referred by any commentaries or explanations. If there are any amendments to this statement which would, in the view of the Government of the Republic, make it a more satisfactory basis of reference, I shall be happy to consider them. But if, on the other hand, I receive from you an intimation that, for the present at least, this statement of our differences would, in the opinion of the French Government, furnish an adequate material for the judgment of an Arbitrator, and would give the Arbitrator an opportunity of setting at rest the most difficult of the controversies in which we are engaged, I would then proceed to submit, for your consideration, suggestions with regard to the mode in which that Arbitrator should be chosen, and as to the precise terms in which the questions should be placed before him. I have, &c.,

M. Waddington.

SALISBURY

No. 46.-The Marquess of Salisbury to the Earl of Lytton.

MY LORD,

Foreign Office, February 11, 1891.

THE French Ambassador called at this Office this afternoon, and made the following communication on behalf of his Government in reply to the proposal I had addressed to him for submitting to arbitration the questions at issue between the two Governments in regard to the Newfoundland fisheries:

The French Government accept arbitration as the means of putting an end to the difficulties in regard to the Newfoundland fisheries which the two Governments desire to adjust. They agree at once that the Arbitrators shall adjudge any questions which may be submitted to them by either Cabinet in regard to the capture and preparation of lobsters.

They think there would be considerable difficulty in settling beforehand the exact issues to be submitted, and that it should be open to either Government to submit to the Arbitrators any question connected with the western shore of Newfoundland, provided that it is one which concerns the capture and preparation of lobsters. They propose that the Board of Arbitration should consist of three jurists, with the addition of one or, if necessary, two members appointed on either side. These latter would act as the mediums of communication between the Tribunal and the two Governments, but would also themselves vote as Arbitrators.

The French Government make their consent to the arbitration dependent upon two preliminary conditions, namely, that the modus vivendi agreed upon for last fishing season shall be renewed for the present year, and that they should receive an assurance from Her Majesty's Government that effect will be given to the decision of the Arbitrators, whatever it may be.

I informed M. Waddington that these proposals would receive due consideration, and that a reply would be sent to him after consultation with the Cabinet.

The Earl of Lytton.

I am, &c.,

SALISBURY.

No. 47.-The Marquess of Salisbury to the Earl of Lytton.

MY LORD,

Foreign Office, February 14, 1891.

IN accordance with the instructions of the Cabinet, I have to-day informed M. Waddington that Her Majesty's Government agree generally with the French Government in regard to the proposed arbitration on the Newfoundland Fishery question.

I had some conversation with his Excellency as to the Arbitrators to be chosen, and as to the place where they should meet.

I said that the best plan would appear to be that the names of several jurists belonging to neutral nations should be suggested by the two Governments, and that three should then be selected from the list. It would, I thought, be necessary to choose persons well acquainted with both English and French.

I added that, speaking from first impressions, it appeared to me that the best meeting-place for the Tribunal of Arbitration would be Brussels.

The Earl of Lytton.

I am, &c.,

SALISBURY.

No. 50.-Agreement between Great Britain and France.-Signed at London, March 11, 1891.

THE Government of Her Britannic Majesty and the Government of the French Republic having resolved to submit to a Commission of Arbitration the solution of certain difficulties which have arisen on the portion of the coasts of Newfoundland comprised between Cape St. John and Cape Ray, passing by the north, have agreed upon the following provisions:

1. The Commission of Arbitration shall judge and decide all the questions of principle which shall be submitted to it by either Government, or by their Delegates, concerning the catching and preparation of lobsters on the above-mentioned portion of the coasts of Newfoundland.

2. The two Governments engage, in so far as each may be concerned, to execute the decisions of the Commission of Arbitration.

3. The modus vivendi of 1890* relative to the catching and preparation of lobsters is renewed purely and simply for the fishery season of 1891.

4. As soon as the questions relative to the catching and preparation of lobsters shall have been decided by the Commission, it may take cognizance of other subsidiary questions relative to the fisheries on the above-mentioned portion of the coasts of Newfoundland, and upon the

LE Gouvernement de Sa Majesté Britannique et le Gouvernement de la République Française ayant résolu de soumettre à une Commission Arbitrale la solution de certaines difficultés survenues sur la partie des côtes de TerreNeuve comprise entre le Cap Saint-Jean et le Cap Ray, en passant par le nord, sont tombés d'accord sur les dispositions sui

vantes :

1. La Commission Arbitrale jugera et tranchera toutes les questions de principe qui lui seront soumises par l'un ou l'autre Gouvernement, ou par leurs Délégués, concernant la pêche du homard et sa préparation sur la partie susdite des côtes de Terre-Neuve.

2. Les deux Gouvernements s'engagent, chacun en ce qui le concerne, à exécuter les décisions de la Commission Arbitrale.

3. Le modus vivendi de 1890* relatif à la pêche du homard et à sa préparation est renouvelé purement et simplement pour la saison de pêche de 1891.

4. Une fois que les questions. relatives à la pêche du homard et à sa préparation auront été tranchées par la Commission, elle pourra être saisie d'autres questions subsidiaires relatives aux pêcheries de la partie susdite des côtes de Terre-Neuve, et sur le texte desquelles les deux Gou

* Vol. LXXXII, page 993.

text of which the two Governments shall have previously come to an agreement.

5. The Commission of Arbitration shall be composed

(1.) Of three Specialists or Jurisconsults designated by com. mon consent by the two Governments;

(2.) Of two Delegates of each country, who shall be the authorized channels of communication between the two Governments and the other Arbitrators.

6. The Commission of Arbitration thus formed of seven members shall decide by majority of votes and without appeal. 7. It shall meet as soon as possible.

Done at London, the 11th day of March, 1891.

SALISBURY.

WADDINGTON.

vernements seront préalablement tombés d'accord.

5. La Commission Arbitrale sera composée

(1.) De trois Spécialistes ou Jurisconsultes désignés d'un commun accord par les deux Gouvernements;

(2.) De deux Délégués de chaque pays, qui seront les intermédiaires autorisés entre leurs Gouvernements et les autres Arbitres.

6. La Commission Arbitrale ainsi formée de sept membres statuera à la majorité des voix et sans appel.

7. Elle se réunira aussitôt que faire se pourra.

Fait à Londres, le 11 Mars, 1891.

SALISBURY.
WADDINGTON.

No. 51.-M. Waddington to the Marquess of Salisbury.—(Received

M. LE MARQUIS,

March 11.)

Londres, le 11 Mars, 1891. A LA suite de l'arrangement que nous avons signé en date de ce jour, en vue de soumettre à une Commission Arbitrale la solution de certaines difficultés survenues sur les côtes de Terre-Neuve, le Gouvernement de la République et celui de Sa Majesté la Reine ont désigné d'un commun accord les trois Arbitres dont les noms suivent :

1. M. de Martens, Professeur de Droit des Gens à l'Université de Saint-Pétersbourg.

2. M. Rivier, Consul-Général de Suisse à Bruxelles, Président de l'Institut de Droit International.

3. M. Gram, ancien membre de la Cour Suprême de Norvège. Les frais généraux de l'arbitrage et les honoraires des trois Arbitres seront supportés par moitié par les deux Gouvernements. Il est bien entendu que la Commission, sauf dans le cas prévu par l'Article 4, écartera de ses discussions les questions qui lui seraient

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