The Fortune Bay dispute: Newfoundland's place in imperial treaty relations under the Washington Treaty, 1871-1885

Abstract

Newfoundland following its acceptance of the Treaty of Washington in 1874 had to cope with the presence of large numbers of American fishing vessels in its inshore waters. The Americans, who fished mainly on the Grand Banks, resorted to the colony for bait and ice. An extensive trade in these two commodities developed between American and Newfoundland fishermen. Considerable confusion was aroused - especially at the Halifax Commission in 1877 - over whether or not this traffic was permitted under the treaty's terms. In 1878 at Fortune Bay a group of Newfoundlanders violently obstructed American fishermen who attempted to catch their own herring. This one incident brought the problems associated with the bait traffic to a head. -- The confrontation at Fortune Bay largely stemmed from economic self-interest on the part of Newfoundland fishermen. It later expanded to involve the issue of whether or not American fishermen were liable to colonial fishery regulations. The Americans had violated local laws respecting a close time, Sunday fishing, and the in-barring of herring. However, they subsequently claimed that the Treaty of Washington had given them unrestricted access to the colonial fisheries. The resultant diplomatic quarrel over treaty rights versus local legislation was of importance to Newfoundland. An effective control of the bait fishery had become basic to its drive to increase local autonomy. -- The Fortune Bay Dispute involved several related aspects. On one level, Anglo-American diplomacy was central; on another, colonial ties with the Imperial government. In the latter instance, the relationship between the Colonial and Foreign Offices played a crucial role. Throughout, Newfoundland watched carefully to see that its fishery legislation was not compromised. When an Anglo-American settlement was reached in 1881, the colony became acutely aware that its interests were not identical with those of Great Britain. It immediately set about clarifying the terms under which the settlement might be accepted. The thesis of this paper is that Newfoundland obtained from its participation in Anglo- American affairs a clearer definition of its position within the Imperial system.