152 APPENDIX TO BRITISH CASE. 



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 still 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 pro- 

 posed, the United States offered to desist from their claim to 

 89 a certain portion 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 on, should be con- 

 sidered 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 parties should revive and be in full force, as if such 

 an article had not been agreed to. 



No. 35. 1818, October 6: Protocol of the Fifth Conference held le- 

 tioeen the American and British Plenipotentiaries at Whitehall. 



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

 The protocol of the preceding conference was agreed upon and 

 signed. 



The British plenipotentiaries gave in the five annexed articles, on 

 the fisheries, the boundary, the Mississippi, the intercourse between 

 Neva Scotia and the United States, and the captured slaves. (A, B, 

 C, D, E.) 



It was agreed to meet again on the 9th instant. 



ALBERT GALLATIN, 

 RICHARD RUSH, 

 FREDERICK JOHN ROBINSON, 

 HENRY GOULBURN. 



ARTICLE A. 



It is agreed that the inhabitants of the United States shall have 

 liberty to take fish, of every kind, on that part of the western coast 

 of Newfoundland which extends from Cape Ray to the Quirpon 

 Islands, and on that part of the southern and eastern coasts of Labra- 

 dor which extends from Mount Joli to Huntingdon Island; and it is 

 further agreed that the fishermen of the United States shall have 

 liberty to'dry and cure fish in any of the unsettled bays, harbours, 

 and creeks of the said south and east coasts of Labrador, so long as 

 the same shall remain unsettled; but as soon as the same, or any part 

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

 to dry or cure fish without a previous agreement for that purpose 

 with the inhabitants, proprietors, or possessors of the ground. 



