not long since the French took licences from the Governor of
Newfoundland to fish upon that coast, and paid a tribute for such
licences as an acknowledgment of the sole right of the Crown of
England to that island; but of late the encroachments of the French,
and His Majesty's subjects trading and fishing there, had been more
like the invasion of an enemy than becoming friends who enjoyed the
advantages of that trade only by permission."

The Treaty of Ryswick, in 1697, contained no mention of Newfoundland,
and the French were, therefore, left in enjoyment of their possessory
claims. In 1710 the splendid genius of Marlborough had brought Louis
XIV. to his knees, and the arguments supplied by the stricken fields
of Blenheim and Ramillies, Oudenarde and Malplaquet, should have made
easy the task of English diplomacy. But from a corrupt political soil
sprang the Treaty of Utrecht, the first leading instrument in the
controversy of which we are attempting to collect the threads. The
merits of the dispute cannot be understood without a careful study of
Article 13 of the Treaty. It was thereby provided that:

"The island called Newfoundland, with the adjacent islands, shall from
this time forward belong of right wholly to Britain, and to that end
the town and fortress of Placentia, and whatever other places in the
said island are in possession of the French, shall be yielded and
given up within seven months from the exchange of the ratifications of
this Treaty, or sooner if possible, by the most Christian King to
those who have a commission from the Queen of Great Britain for that
purpose. Nor shall the most Christian King, his heirs and successors,
or any of their subjects, at any time hereafter lay claim to any right
to the said island and islands, or to any part of it or them. Moreover
it shall not be lawful for the subjects of France to fortify any place
in the said island of Newfoundland, or to erect any building there,
besides stages made of boards, and huts necessary and useful for
drying of fish, or to resort to the said island beyond the time
necessary for fishing and drying of fish. But it shall be allowed to
the subjects of France to catch fish and to dry them on land in that
part only, and in no other besides that, of the said island of
Newfoundland, which stretches from the place called Cape Bonavista to
the northern point of the said island, and from thence, running down
by the western side, reaches as far as