122 APPENDIX TO BEITISH CASE. 



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 in- 

 dependence, as recognised 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 recognised 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 com- 

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

 to be represented as coeval with it, or dependent 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 arid commercial ad- 

 vantages, in common with His Majesty's subjects. But they had, 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, therefore, 

 now claim, otherwise than by treaty, the exercise of privileges belong- 

 ing 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 con- 

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

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

 as British subjects, in addition to those which they have as an inde- 

 pendent people, the undersigned cannot too strongly protest against 

 such a doctrine ; and it must become doubly necessary for Great Brit- 

 ain to hesitate in conceding the privileges which are now the subject 

 of discussion, lest, 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 

 States to enjoy those liberties, with respect to the fisheries, as matter 

 of right, she is by no means insensible to some of those considerations 

 with which the letter of the American Minister concludes. 



Although His Majesty's Government cannot admit that the claim 

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

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

 analogous to the indulgence which has been granted to enemy's sub- 

 jects engaged in fishing on the high seas, for the purpose of conveying 

 fresh fish to market, yet they do feel that the enjoyment of the 

 liberties, formerly used by the inhabitants of the United States, may 

 be very conducive to their national and individual prosperity, though 

 they should be placed under some modifications; and this feeling 

 operates most forcibly in favour of concession. But Great Britain 

 can only offer the concession in a way which shall effectually protect 

 her own subjects from such obstructions to their lawful enterprises 

 as they too frequently experienced immediately previous to the late 

 war, and which are, from their very nature, calculated to produce 

 collision and disunion between the two States. 



It was not of fair competition that His Majesty's Government had 

 reason to complain, but of the preoccupation of British harbours and 



