PERTAINING TO NEGOTIATION OF TEEATY OF 1818. 277 



The right of the United States has been asserted upon other argu- 

 ments, which appear to the undersigned not altogether consistent 

 with those that had been previously advanced. It has been argued by 

 the minister of the United States, that the treaty of 1783 did not 

 confer upon the United States the liberty of fishing within British 

 jurisdiction and using British territory; but merely recognised a 

 right which they previously had; and it has been thence inferred 

 that the recognition of this right renders it as perpetual as that of 

 their independence. 



If the treaty of 1783 did not confer the liberties in question, the 

 undersigned cannot understand why, in their support, the point 

 should have been so much pressed, that the treaty is in force not- 

 withstanding the subsequent war. If, as stated by the American 

 minister, the time of the settlement of North America was the origin 

 of the liberties of the United States in respect to the fisheries, and 

 their independence, as recognized in 1783, was, as further argued by 

 him, the mere recognition of rights and liberties previously existing, 

 (which must have been in virtue of their independence,) it would 

 seem to follow that their independence was recognized from the 

 time of the settlement of North America — for no other period can 

 be assigned. The undersigned is totally unable to collect when the 

 American minister considers the independence of his country to have 

 commenced ; yet this is a point of no small importance, if other rights 

 are to be represented as coeval with it, or dependant on it. 



As to the origin of these privileges, in point of fact, the under- 

 signed is ready to admit that, so long as the United States constituted 

 a part of the dominions of His Majesty, the inhabitants had the en- 

 joyment of them, as they had of other political and commercial ad- 

 vantages, in common with His Majesty's subjects. But they hqd, at 

 the same time, in common with His Majesty's other subjects, duties 

 to perform: and when the United States, by their separation from 

 Great Britain, became released from the duties, they became excluded 

 also from the advantages of British subjects. They cannot, there- 

 fore, now claim, otherwise than by treaty, the exercise of privileges 

 belonging to them as British subjects, unless they are prepared to 

 admit, on the part of Great Britain, the exercise of the rights which 

 she enjoyed previous to the separation. 



If it be contended, on the part of the United States, that, in conse- 

 quence of having been once a part of the British dominions, they 

 are now entitled, as of right, to all the privileges which they en- 

 joyed as British subjects, in addition to those which they have as 

 an independent people, the undersigned cannot too strongly pro- 

 test againsl -iich a doctrine; and it must become doubly necessary for 

 Great Britain t<> he itate in conceding tin- privileges which are now 

 the subject of discussion, le t. by such a concession, she should be 

 supposed to countenance a principle not less novel than alarming. 



But. though Great Britain can never admit the claim of the 

 United State- to enjoy tho e liberties with re pert to the fisheries, as 

 matter- of right, die i by n<> means insensible to some of those con- 

 siderations with which the letter of the American minister concludes. 



Although ffis Male ty' Government cannot admit that the claim 

 of the American fishermen to li li within British jurisdiction, and 

 to use the British territory for purposes connected with their fishery, 



