170 APPENDIX TO BRITISH CASE. 



privilege even with the consent of the settlers of drying and curing 

 in any bay harbour or creek of Newfoundland which may have been 

 settled previous to the signature of the convention, while a fair con- 

 struction of the treaty leaves open to them in Labrador every har- 

 bour not settled previous to the peace of 1783. I am aware that some 

 difficulty may arise in deciding the extent to which a settlement in 

 any bay, harbour or creek is necessary to constitute an exclusion of 

 American fishermen under the convention. 



It is obvious from the terms of the convention that a single settlement 

 in a bay harbour or creek is not in itself a sufficient ground for such 

 an exclusion but on the other hand it is equally clear that if the settle- 

 ments in any particular bay harbour or creek be so numerous as to 

 leave but little interval between the British establishments already 

 formed the American fishermen can have no fair ground for occupy- 

 ing any part of such bay harbour or creek and you will so regulate 

 your proceeding in this respect as while you give the inhabitants of 

 the United States on the one hand every facility for curing and dry- 

 ing their fish on the specified part of the coast of Newfoundland you 

 afford on the other to His Majesty's subjects every reasonable pro- 

 tection against an unfair interference and intrusion inconsistent 

 with the spirit of the treaty. 



You will take care also that the inhabitants of the United States 

 do not become settlers in the colony and that they do not make such 

 establishments as may interfere with the future settlement of the 

 land on which they may be made. The intention of the treaty being 

 merely that they should dry in His Majesty's territory for the pur- 

 pose of curing their fish in common with British fishermen and not 

 that they should remain permanently established within His Maj- 

 esty's dominions to the prejudice of His Majesty's subjects. 



You will also give such directions as may be necessary for secur- 

 ing to the American fishermen the privileges of entering the har- 

 bours of Newfoundland for the purpose of shelter and of repairing 

 damages therein, of purchasing wood and of obtaining water but 

 for no other purpose whatever, and I must on this point also direct 

 your particular attention to the necessity of exercising great vigi- 

 lance in order to prevent the abuse of these privileges in any manner 

 whatever and more especially for the purpose of carrying on an un- 

 authorised fishery or an illegal trade. 



100 With respect to any difficulties which may arise in carry- 

 ing the convention into effect His Royal Highness relies en- 

 tirely upon your discretion for adopting the most conciliatory line 

 of conduct towards the inhabitants of the United States giving to 

 them on all occasions the full benefits of a liberal construction 01 the 

 treaty but always guarding against any invasion by them of the 

 privileges exclusively reserved to His Majesty's subjects. 



If any difficulties should occur you will communicate them to me 

 with every necessary detail and I will not fail to take the earliest op- 

 portunity of submitting them to the Prince Regent for His Royal 

 Highness's further consideration. 



I have the honour to be &c BATHURST. 



