PERTAINING TO NEGOTIATION OF TREATY OF 1818. 311 



indefinitely, along the coast; and that the American fishermen shall 

 also have liberty for ever to dry and cure fish in any of the unsettled 

 bays, harbors, and creeks of the southern part of the coast of New- 

 foundland here above described, of the Magdalen islands, and of Lab- 

 rador, as here above described ; but so soon as the same, or either of 

 them, shall be settled, it shall not be lawful for the said fishermen to 

 dry or cure fish at such settlement, without previous agreement for 

 that purpose with the inhabitants, proprietors, or possessors of the 

 ground ; and the United States hereby renounce any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof to take, dry, or cure 

 fish on or within three marine miles of any of the coasts, bays, creeks, 

 and harbors of His Britannic Majesty's dominions in America not 

 included within the above-mentioned limits: Provided, however, That 

 the American fishermen shall be admitted to enter such ba}'s and har- 

 bors for the purpose only of obtaining shelter, wood, water, and bait, 

 but under such restrictions as may be necessary to prevent their dry- 

 ing or curing fish therein, or in any other manner abusing the priv- 

 ilege hereby reserved to them. 

 (Articles B., C, and D. omitted) 



E. — Explanatory memorandum. 



The American plenipotentiaries presented for consideration an 

 article on the subject of certain fisheries. They stated, at the same 

 time, that as the United States considered the liberty of taking, dry- 

 ing, and curing fish, secured to them by the treaty of peace of 1783, 

 as being unimpaired, and -till in full force for the whole extent of the 

 fisheries in question, whilst Great Britain considered that liberty as 

 having been abrogated by war; and as, by the article now proposed, 

 the United States offered to desist from their claim to a certain por- 

 tion of the said fisheries, that offer was made with the understanding 

 that the article now proposed, or any other on the same subject which 

 might be agreed mi. should be considered as permanent, and, like one 

 for fixing boundaries between the territories of the two parties, not to 

 be abrogated by the mere fact of a war between them; or that, if 

 vacated by any event whatever, the rights of both p-rties should re- 

 vive and Be in full I' :e, as if such an article had i». been agreed to. 



(Articles F., ()., and EL omitted) 



No. 4. 



Protocol of the fourth conferena between the American awl British plenipoten- 

 tiarii i, held at Whitehall, on Friday, the 25th of September, 1818. 



Presenl : Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. 



Explanations were asked, and given, respecting some <>f the articles 

 presented by the American plenipotentiaries at the Last conference. 



The Ajnerican plenipotentiaries, after observing thai the measures 

 already adopted, and the proposals Formerly made, by the United 

 States, could leave n<> doubt of their constant and anxious desire 

 to arrange, by amicable regulations, the subject of impres ment, <l< i 

 clared their readine to agree, with ome amendments, which they 

 submitted, (A) to the project proposed by the British plenipotenti- 

 aries, under a full expectation that an arrangement, thus founded on 



