As we reach the final letter in our P-A-L-M-E-R-S-T-O-N blog series, what better destination to choose than the beautiful island of Newfoundland?
Newfoundland is a large island positioned in the north-eastern region of North America and is separated from the continent of America by the straits of Belle Isle. According to the Cyclopaedia; or Universal Dictionary of Arts, Science and Literature Vol. XXIV by Abraham Rees, the island is rather more hilly than mountainous, and as a result of its many large and good harbours, the fishery on its banks is its chief source of wealth. The chief fisheries for green cod are near the coast of Newfoundland.
The primary sources contained within the Palmerston Papers that focus on Newfoundland consist of Foreign Office memoranda on the French claim to exclusive fishing rights from 1842 to 1843, which is what we will be discussing in this blog.
Primary sources on fishing rights in Newfoundland: the problem
Lord Palmerston’s Foreign Office memoranda on Newfoundland begins with a letter from Viscount Canning (Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs), dated 16 December 1842. He transmits a despatch from the Governor of Newfoundland, regarding the claim of the French to an exclusive right to every description of Fishery throughout Newfoundland. He explains that the French are making a claim on which a concurrent right of fishing and curing cod has been conceded to French subject of treaty. He wishes Palmerston to lay the despatch before Lord Aberdeen (Foreign Secretary). Sir John Harvey (Civil Governor of Newfoundland) reports that while the French version of the 1783 Declaration of the Treaty of Versailles states the word concurrence, the English version states the word competition. On 1 April 1843, Addington (Colonial Office), under the direction of Lord Stanley (Secretary of State for War and Colonies), writes that competition must involve interruption and that the party that possesses the right of fishing must possess that right to the exclusion of all other parties. He further writes that Sir John Harvey should be made acquainted with the opinion entertained by Lord Aberdeen as to the exclusive right of the French to fish for salmon and for “every description of fish” on the coasts of Newfoundland to which they have access by Treaty. Even the Queen’s advocate, Dodson, confirms that he cannot see any limitations in the Treaties or declaration that prevent France from having an exclusive right to take salmon and other fish besides cod fish on the coast in Newfoundland.
Primary sources on fishing rights in Newfoundland: proposed solutions
In a memorandum dated 5 September 1843 to the Earl of Aberdeen, Sir Anthony Perrier (British Consul of Brest, France) suggests the present Governor of Newfoundland cede to the French the right of fishing on the Island of Belle Isle, situated between the coast of Labrador and Newfoundland in exchange for this abandonment of all rights in the bay of St George. He further writes that his next step will be to confirm what grounds the French will be likely to treat for a better arrangement of the Fishery limits. He states that he will confer with Captain Fabre, Commander of the French Naval Station at Newfoundland.
Primary sources on fishing rights in Newfoundland: Palmerston’s thoughts
In his notes, dating September 1843, Palmerston explains that Newfoundland and the adjacent islands (apart from St. Pierre and Miquelon) belong to Great Britain, and so consequently, every part thereof and the territorial seas adjacent there to are subject to the Sovereignty of the British Crown. The right of fishing on nearly one half of the Coast of the Island during the fishing season has been conceded to France, by treaties and declaration. The yellow line on the map below denotes that part of the Coast where the French have the right to fish.
The Treaty of 1713, article XIII therefore admitted French subjects to fish and to fly fish on that part of the Coast of Newfoundland which stretches from Cape Bonavista to the northern part of the said Island and from thence running down by the Western Side, reaching as far as Point Riche; but the French are not to fortify any place, nor to erect any Buildings besides stages made of boards and huts necessary and usual for fishing and drying of fish.
The Treaty of 1763 cedes the Islands of the Pierre and Miquelon to France, but no fortifications are to be erected on these Islands. The Treaty of 1783 alters the limits between which the French are allowed to fish, which limits are fixed by this Treaty to the Cape St John and Cape Raye. The declaration signed at Versailles on the 3rd September 1783 states that His Britannic Majesty will take the most positive measures for preventing his Subjects from interrupting in any manner by their competition, the fishery of the French upon the Coasts of the Island of Newfoundland; and he will therefore cause the fixed settlements to be removed. His Britannic Majesty will give orders that the French fishermen be not incommoded in cutting the wood necessary for the repair of their Scaffolds, Huts and Fishing Vessels. The Treaty of 30th May 1814 article XIII confirms the abovementioned stipulations by placing the French fishery at Newfoundland upon the same footing as it stood in 1792.
The Law Officers’ opinion in 1835 was that the subjects of France have the exclusive right of fishery on that part of the coast of Newfoundland specified in the 5th article of the definitive Treaty of Versailles of 3rd September 1783. The opinion was modified in 1837 to Great Britain having bound herself to permit the subjects of France to fish during the season in the allotted District free from an interruption on the part of British subjects. If there were really good room within the limits of the District in question, for the fishermen of both nations to fish without interfering with each other, then this country would not be bound to prevent the subject from fishing there. According to the report of Admiral Sir P. Halket, this was not practicable. British subjects were precluded from fishing if they cause interruption to the French fishing. There were no limitations according to the legislation the description of fish which the French are entitled to take on certain parts of the Coast of Newfoundland.
The present Governor of Newfoundland suggested as a measure to induce France to abandon the Bay of St George, to admit the French to a participation in the Fishery at Belle Isle, which is a barren rocky island seldom frequented by British fishermen according to Captain Wyvill of Her Majesty’s Navy. Palmerston wrote that the French abandoning the Bay of St George would only remove part of the existing difficulties.
Primary sources on fishing rights in Newfoundland: the final proposed solution
Sir Anthony Perrier spoke with Captain Fabre, who believed that a new arrangement needed to be made by means of mutual concessions. By this, he meant in the way of France no longer having rights along the shores from Cape St John Bay to Bonne Bay but in return, having the right to fish along a part of the coast of Labrador, and all that part of the coast of Newfoundland remaining under the stipulations of the Treaty of 1814. This would mean that the salmon fisheries, timber cutting and other branches of industry which have so long been matters of dispute, would become exclusively British.
We hope you have enjoyed our whistle-stop tour of the Palmerston Papers by exploring the papers held on places beginning with the letters contained in the name. Join us in a fortnight, where we will start our International Women’s Month themed blogs, beginning with Mrs Eliot Yorke!