DISPUTED RIGHT OF FISHERY. 259 the absence of the French. That, according to their construction of the treaty, they had an exclusive right to the fishery on that coast, or that part of the island set apart to their use; therefore they were to be particular with those tolerated by the merchant captains, and to make them understand that they were suffered to reside amongst them, and to fish, not as a matter of right, but as an act of courtesy: and with regard to all other British subjects, they were, by every means in their power, to prevent their acquiring a right to fish on the coast; and in the execution of the instructions on that head, they were to be governed by the instructions relative to the Americans, viz. not to use compulsion in the first instance, but a gentle opposition, and an intimation to depart, which hitherto had been found sufficient, but if the parties were obstinate, then force was to be resorted to, in order to effect their departure. "He then went into instructions relative to a salmon fishery at Cod Roy, in which a merchant of the name of Hunt' was interested. That his men were in possession of it, and, although within the limits of the French coast, maintained themselves in their post by beating off the crew of a French vessel, sent expressly from France to possess themselves of it the previous year. That, since seeing me in the morning, he had seen the captains, who were unanimous in their determination to prevent my crew from fishing, and therefore he could not sanction my doing so that I was not to attempt it again. 1 Mr. A. Hunt, of Dartmouth. That he should not attempt to remove me from the harbour; that I might remain as long as I pleased: he could not be so uncivil to any Englishman who came in his way. Was particular in expressing his opinion that I had not any right, and that they were determined to prevent any boats from fishing, as often as they attempted it. “I of course desisted from any further effort, but waited on the commander of the Philomele with my protests against Monsieur Deloram and others who had opposed me. He declined receiving them, and read the copy of a letter which he had addressed to the senior captains, directing them to prevent the Hannah's crew from fishing at Croque, or any other part in the French shore. “The number of ships employed this season by the French in this fishery were 266 in all, viz.— From Grainville, 116; St. Maloe, 110; Pampol and Bennick, 30; Havre, 4; Nants, 6. Total, 266 from 100 to 350 tons burthen, having 51 men and boys each, amounting in the whole to 13,566, one tenth portion of whom were boys. This number surpassed considerably the governor's estimate, a very good reason for which was assigned to me by the French gentleman from whom I received the information. Each establishment had two, some four cod seins, from sixteen to thirty fathoms deep, and two hundred fathoms long. Their capelin seins were from twenty-one feet to fifty in depth: two were held by each establishment. The cost of a cod sein crew amounted for the season to 6,000 livres, and the catch thereof to 1,200 quintals. STATE OF THE FRENCH FISHERY. 261 "The allowance of each man for the season, commencing at the first day of May, and ending on arrival in France, on or about the first day of November, 35 lbs. pork, 35 lbs. butter, 34 cwt. bread, 40 lbs. peas, 6 gallons of brandy, tierce cyder, in all equal to about 81. sterling; boat-masters, or principal men, are paid about 107. as wages, an ordinary fisherman 77., and boys 37. less; a sum equal to 21. 10s. allowed on each as a bounty by their government'. 1 The statistics of the Cod Fishery of France for 1832 are thus given by Mr. Young, of Nova Scotia, in his valuable work on the Fisheries, the perusal of which I recommend to all who take an interest in this important subject. "Amount of Premiums or Drawbacks on this Fishery, 20,000,000 fr. Mercantile Seamen of France in 1816, 8,000; in 1826, 10,000; 1827, 11,000; 1829, 12,000; 1830, 10,000; 1831, 7,414. Premiums of 400 francs up to 1,100 and 1,200 francs a man had been granted. Average of five years' quantity of cod taken by the French in Newfoundland, St. Pierre, and Miquelon, 245,000 quintals: of these 27,000 have been sent direct to French Colonies in the West Indies, and beyond the Cape of Good Hope; 17,000 to Spain, Portugal, and Italy; 160,000 have been consumed in France; and the remaining 29,000, after being brought to France, have been re-exported to the Colonies; 40 francs (33s. 4d.) as a bounty, had been granted on every quintal of cod fish transhipped to the Colonies. On cod valued at about 25 francs (24s. 10d.) intrinsically in France, the premium on re-exportation now stands at 24 francs (20s.). On cod sent direct from the Colonies to foreign ports in the Mediterranean, 12 francs (10s.): on re-exportation from France to foreign ports in the Mediterranean, or in passing the frontier by land into Spain, 10 francs (8s. 4d.) per quintal." "In 1829 their catch of fish amounted to 350,000 quintals-45 quintals for each person employed-an average catch and good voyage. "At that period their bounties were extremely liberal; therefore, supposing the merchants were allowed on each man employed 60 livres, or 50s. each on 13,566 men, 33,9157. 171,4157. sterling paid in bounty, besides materials granted the fishermen in addition. "In fact, the fishery is for the purpose of training seamen for their navy, and consequently is a national undertaking, rather than the pursuit of private indi viduals 1. 1 See the report of the French Minister of Marine for 1829. DISPUTED RIGHT OF FISHERY. 263 "The object of the voyage having been thus far advanced, I departed from Croque on the 20th July for Domino, on the Isle of Ponds La Brador, and on my return from thence again anchored at Croque on the 9th September, after having visited several of the harbours between it and Cape Quirpoon. 66 The Philomele schooner and a ship of war were at anchor when I entered-visited the commander of the former, and reported my return to fish: I was referred by him to the Commodore, and arranged to call on him at ten o'clock the following morning. 66 At seven, Captain Lavoe came alongside with the Commodore's compliments, inviting me to meet him at breakfast at nine, on board the Hebe, which proved to be a small thirty-two gun frigate. At nine, went on board, was received, and treated handsomely, but would not be permitted to fish— indeed there were not any to be caught at that time on the coast. "On the afternoon of the 12th, again waited on the Commodore to deliver to him, in writing, the object of my mission, and to receive from him a copy of his instructions relative to British fishermen, which he had promised on my previous visit. "I required of him to receive my protests against Monsieurs Herbert, Duprere, and Deloram, declaring at the same time, that they had been previously tendered to Captain Lavoe, of the Philomele-he refused receiving them, saying, he had not any instructions. I pressed him, as a public officer, to receive them, declaring I conceived it to be a part of his duty to |