308 CORRESPONDENCE, ETC., PRIOR TO TREATY OF 1818 



I hopo. reach Washington with all expedition and safety. On the 

 side of the British plenipotentiaries a special secretary was employed 

 for the business of this negotiation. On ours Mr. Smith has acted; 

 ;i circumstance which is alluded to only that I may add how unre- 

 mitting has been his attention, and how useful his services. Mr. 

 Gallatin set out on his return to Paris on the morning of the 22d. 

 Duplicate of the convention, the despatch, and all the other papers, 

 will be transmitted at the earliest moment that they can be copied. 



After what is said in your despatch of the 28th of July, to the 

 joint mission, respecting Judge Wallace's decree on the 29th of 

 ;M. L817, at Halifax, in the cases of the captured fishing vessels, 

 it is proper I should state that I have been informed by Mr. Slade, in 

 a note of the 14th of this month, that no appeal has been entered by 

 the captors from the sentences of restitution; and that, the time 

 having now gone by allowed by the practice of the admiralty for 

 entering appeals, none can be entered. He adds, that as the owners 

 of the vessels were obliged to give bail at Halifax to answer the 

 appeals, it is possible that they may also have been made to place 

 counter-security in the hands of the bail; in which case the bail may 

 refuse to part with such security, without a desertion from the appel- 

 late court here; that is, a decree that the appeals had not been prose- 

 cuted, and that the original sentence should be carried into effect. 

 But as such a decree would be attended with expense, he does not 

 advise it for the present. In the event of its becoming necessary to 

 the owners, they should be informed that they cannot have the bene- 

 lit of it until office copies of the decrees of restitution at Halifax are 

 first forwarded. Mr. Slade is the proctor whom I employed con- 

 tingently to give attention to these cases, as mentioned in my despatch 

 of the 21st of March. 



From the instructions of the 28th of July, I infer that Govern- 

 ment contemplated becoming instrumental to the solemn argument of 

 the great question of right under the treaty of 1783, only in the event 

 of no : tide respecting the fisheries being agreed upon. As one has 

 been signed I design to take no further steps on this head, should the 

 convention be ratified, without further instructions from the Depart- 

 ment. I mention this, perceiving, from the newspapers, that there 

 had been fresh captures of our fishing vessels during the last season, 

 followed by sentences of condemnation, from which appeals, on the 

 part of the claimant, may, I take it for granted, be anticipated. 



"With very great respect, I have the honor to be, etc. 



(Signed) Richard Rush. 



PROTOCOLS OF THE CONFERENCES IN THE NEGOTIATION OF THE TREATY 



OF OCT. 20, 1818. 



No. 1. 



Pr'/tocol of the first conference oetween the American and British plenipoten- 

 tiaries, held at Whitehall on the 27th of August, 1818. 



Present: Mr. Gallatin, 1 A • 



Mr. Rush, J Amencan - 



Mr. Robinson, | -r. - • i 

 vr n ii r British. 



Mr. (loulburn. J 



The plenipotentiaries presented and exchanged their respective 



full powers. 



