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The Newfoundland Gardien and the French Fishery
After the signing of the Treaty of Utrecht in 1713, Newfoundland became an exclusively British possession, its subsequent history a chronicle of permanent settlement and self-government up to the time of confederation with Canada in 1949. Self-government came about in the nineteenth century after the mercantile base of the British fishery shifted from the south of England to Newfoundland itself. In 1832, the colony was granted the right to elect its own assembly, and when the population continued to grow, it was granted Responsible Government in 1855. But while Newfoundland enjoyed self-government in local matters and full responsible for its finances, external affairs such as the implementation of the Anglo-French treaties governing the French fishery on its west coast remained under the control of the imperial government. Accordingly, Britain took measures from time to time to prevent the Newfoundland government from contravening such treaties, leaving it without full sovereignty over its own west coast, known popularly as the French Shore. As successive governments acted to extend their jurisdiction, they were caught in the dilemma of confronting both Britain and France or pursuing compromise and diplomacy. This dilemma remained until 1904, when the two great powers signed an entente cordiale which in part removed the barriers to settlement and economic development.
The dilemma existed because according to the Treaty of Utrecht, France could claim the right to land and dry fish on nearly a thousand miles of Newfoundland coast but not the right to settle there. Throughout the nineteenth century, a series of conflicts and disputes inevitably arose over the interpretation of the treaty's language. Were the French landing and drying rights intended to be exclusive or concurrent with those of Anglophone fishermen? Were the French entitled to take all species or just cod? Were they permitted to build permanent habitations or merely temporary fishing premises? While the treaty was subjected to repeated interpretation, French fishing operations continued year by year throughout the spring and summer. One practical solution to the problem was to leave their establishments under the protection of selected Newfoundland settlers (gardiens) who lived on the west coast and the northern peninsula, outside the jurisdiction of the colonial government. These settlers were given generous provisions in exchange for their services, services that reduced considerably the cost of maintenance to French armateurs (outfitters). The role of the gardiens, though not mentioned explicitly in the Treaty of Utrecht, was honoured unofficially for nearly two hundred years for the convenience of both sides.


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