15 



in the harbour, and seven others came in, the whole 

 joined him with two others which came into Ragged 

 Island, and that he had sent them into Halifax for adju 

 dication. He said, that had they been in distress they 

 might have been relieved with more ease at the regular 

 harbour of Shelburne, than at the two intricate harbours 

 iu its neighbourhood. He further says, &quot;. that, without 

 the use of our harbours, it appears impossible for any 

 foreigners to carry on successful fishing on this coast. 7 



In the year 1818, Mr. Gallatin and Mr. Rush were 

 empowered to negotiate a new commercial treaty with 

 Great Britain, and Mr. Adams specially instructed them 

 respecting the fisheries. In his despatch of July 28, 

 1818, he says, &quot; The President authorizes you to agree 

 to an article, whereby the United States will desist 

 from the liberty of fishing, and curing, and drying 

 fish within the British jurisdiction generally , upon 

 condition that it shall be secured as a permanent right, 

 not liable to be impaired by any future war, from 

 Cape Ray to the Ramean Islands, and from Mount- 

 Joli on the Labrador coast, through the strait of 

 Belle Isle, indefinitely north, along the coast: the right 

 to extend as well to the curing and drying the fish, as 

 to fishing.&quot; 



Mr. Adams then adverts to the trial of the above- 

 named American vessels at Halifax, in whose favour 

 a decree had been obtained from the Vice Admiralty 

 Court, on the ground that there was no act of Parlia 

 ment which authorized the condemnation of vessels for a 

 violation of territorial jurisdiction, but on the question 

 of the right of the Americans to fish under the treaty of 

 1783. Judge Wallace who presided was clearly of the 

 opinion, that the war dissolved that treaty. The cap 

 tors appealed from the decree to London, and Mr. 

 Adams, instructed Mr. Rush to obtain the best counsel 

 to argue the question of right before the Lords of ap 

 peals, asserting that the rights in question were not ac 

 quired by the treaty of 1783, but having been always 

 enjoyed before, were only recognised by that treaty. 

 He concluded this branch of his instructions by saying. 



