158 APPENDIX TO BRITISH CASE. 



tion on our part, by which we might avoid being bound by their con- 

 struction: but they stated to me explicitly, that the presentation of 

 such a declaration would be fatal to the arrangement of the article; 

 that they had endeavoured to frame their memorandum in such a way 

 as to leave us the utmost possible latitude in construing it. This led 

 to a discussion of considerable length in which I argued that the 

 adoption of their view of the subject would involve -the British 

 Government in an admission of the very point upon which the two 

 Governments had already been at variance in this matter, viz: that 

 a war did not ex necessitate rei abrogate stipulations of that sort: 

 and that in fact it never could be binding " for ever " because it 

 would necessarily be competent to us to refuse to make peace, unless 

 they Avould consent to a non-renewal of the stipulation. One of the 

 American plenipotentiaries did not deny the accuracy of my view 

 of the question, but admitted that in his opinion the point was one 

 of very little consequence to them. He added however that their 

 instructions were peremptory on the subject. The principal ground 

 upon which they represented their instructions to be built, was this; 

 that if the arrangement were not to be permanent to all intents and 

 purposes, and in spite of the contingency of a future war, it would 

 necessarily be considered as a positive concession on our part, with- 

 out which the late war would then be deemed as having deprived 

 them of an important advantage of which they had not secured the 

 renewal at the peace. Finding their instructions on this point to be 

 so peremptory, I took the point ad referendum rather than break off 

 at once upon it. 



******* 



P.S. Although from Mr. Goulburn's absence I am not yet enabled 

 to send to your Lordship, a detailed account of what passed at our 

 preceding conference (the fifth) on the 6th of October, I think it 

 right to enclose for your information, copies of four articles which we 

 then produced as contreprojets to articles upon similar points, previ- 

 ously submitted by the American plenipotentiaries. 



93 No. 39. 1818, October 13: Extract from Protocol of the Sev- 

 enth Conference held between the American and British 

 Plenipotentiaries at Whitehall. 



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



The British plenipotentiaries acquiesced in the amendment pro- 

 posed at the preceding conference by the American plenipotentiaries, 

 in the article respecting captured slaves, except as far as related to 

 the insertion in the article of the name of any particular Power. 



They brought forward new articles (A, B, C, D, E) respecting the 

 fisheries, the boundary, impressment, and maritime points, and ac- 

 companied the articles D with the annexed memorandum E. They 

 agreed to the omission of the article respecting the Mississippi. 

 It was agreed to meet again on Monday, the 19th instant. 



ALBERT GALLATIN, 

 RICHARD RUSH, 

 FREDERICK JOHN ROBINSON, 

 HENRY GOULBURN. 



