PERIOD FROM 1836 TO 1854. 533 



to take fish of ever}- kind on such part of the coast of Newfoundland 

 as British fishermen shall use, (but not to dry or cure the same on 

 that island.) 



The undersigned now takes leave to draw Mr. Crampton's at- 

 tention to a more general consideration. He has already observed 

 that from the first, this government has regarded a distinction which 

 it is thought to be fundamental and of much importance between 

 rights & liberties or privileges. 



This distinction pervades the whole of the third article of the 

 Treaty of 1783. 



By that article the right, not the liberty or the privilege, but the 

 rigid to fish in all seas, bays and other places where they had been 

 used, at any time heretofore to fish, is expressly recognized by the 

 Crown of England. And then it is further declared " And also in 

 the Gulf of St. Lawrence & at all other places in the sea, where the 

 inhabitants of both countries used at any time heretofore to fish." 



This plainly is the admission of a common right, founded on a 

 common origin, and standing on a common usage. 



But then the Treaty proceeds to declare, "that the inhabitants of 

 the United States shall have liberty to take fish of every kind, on 

 such part of the Coasts of Newfoundland as British fishermen shall 

 use; (but not to dry or cure the same on that island) ; and also on 

 the coasts, bays and creeks of all other of His Britannic Majesty's 

 dominions in America; and that the American fishermen shall have 

 liberty to dry and cure fish in any of the unsettled bays, harbors & 

 creeks of Nova Scotia, Magdalen Islands, and Labrador, so long 

 as the same shall remain unsettled ; 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 a previous agreement 

 for that purpose with the inhabitants, proprietors and possessors 

 of the ground." 



It is admitted that this is a liberty held by the inhabitants of the 

 United States by concession, and not exempted from abrogation by 

 war. 



Mr. h'vt rett to Mr. Ingersoll. 



Di:r \i; i mint ok &PATB, 



Washington, December 4, JH52. 

 Sue The long-continued illness and decease of my predecessor have 

 prevented a reply in Mr. Lawrence's despatches numbered L97 and 

 200. and his shorl tetter of the 13th August. The two despatches 

 report, in detail, hie conferences with Lord Malmesbury on the sub- 

 ject of the fisheries. The hitter contains a copy of a note from his 

 lord-hip of the L8th of August, acquainting Mr. Lawrence with the 

 substance of the orders Bent out to the British admiral in command 

 on the fishing-grounds. My attention has also been called to a 

 despatch from Lord Malmesbury to her Majesty's minister here, of 

 the 10th of August last, a copy of which was furnished to Mr. Web- 

 ster by Mr. ( Srampton. 



These Communications COUld not bui allay the alarm which had 



been bo generally excited in both countries, in the month of July 

 last, on the subject of the fisheries, as they conveyed the positive 



