DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 179 



the convention in which they were inserted and all the preceding 

 treaties between France and the United States, ceased to be in force. 

 Nothing remains of the obligations formerly contracted by both 

 countries on the subject of the fisheries; and the question recurs 

 which is stated in part of your Excellency's letter, whether inde- 

 pendent of any such former stipulations, and by virtue of any treaty 

 antecedent to the right of the United States to take fish on the west- 

 ern coast of Newfoundland, France had there an exclusive right. 



That it was not viewed as such by either the United States or 

 105 Great Britain is sufficiently evident from the article in the 



convention of 1818, of which I had the honour to enclose a 

 copy to your Excellency. And after a most attentive perusal of the 

 treaties alluded to, I have been unable to discover on what ground 

 the presumed exclusive right was founded. It would be premature 

 to enter into that discussion at this time, and until the special treaty 

 stipulations and arguments by which the claim is intended to be sup- 

 ported shall have been communicated, whenever it may suit your 

 Excellency's convenience to make that communication, the considera- 

 tions which may be urged by France will receive all the attention to 

 which they are so justly entitled, and be discussed in the most amica- 

 ble temper. But the United States cannot in the meanwhile, and 

 until the question shall have been settled, order or advise their citi- 

 zens to abstain from what they must until then consider as their 

 just right, the liberty to participate in common with the French, 

 and without disturbing them, in the fisheries on the western coast of 

 Newfoundland, which particularly in their connection with those 

 of the coast of Labrador are of primary importance to them. It 

 is therefore, my duty to renew my remonstrances against the pro- 

 ceedings of His Majesty's armed ships in that quarter, and to call 

 again your Excellency's most earnest attention to the subject. 



Whatever may be the extent of the rights of France on that coast, 

 whether exclusive or not, they are only those of taking and drying 

 fish. The sovereignty of the Island of Newfoundland, on which she 

 had till then possessions, was expressly ceded by the treaty of Utrecht 

 to Great Britain, subject to no -other reservation whatever but that 

 of fishing as above mentioned, on part of the coast. The jurisdiction 

 and all the other rights of sovereignty remained with and belonged 

 to Great Britain and not to France. She has not therefore that of 

 doing herself on that coast, what may be termed summary justice, by 

 seizing or driving away vessels of another nation, even if these 

 should in her opinion infringe her rights. Such acts of authoritj^ 

 which may be lawful when performed within the acknowledged juris- 

 diction, become acts of aggression when committed either on the 

 high seas, or anywhere else without the jurisdiction of the Power that 

 permits them. No Government has more strenuously contended for 

 that principle than that of France: none has been more justly tena- 

 cious of the rights of her merchant ships, or has more efficaciously 

 protected them and their flag against any supposed aggression of 

 that nature. I may therefore appeal with confidence to your Excel- 

 lency, when, reserving entire the right to the indemnities which may 

 be justly claimed for the injuries already sustained on that account, I 

 beg leave to request that positive and immediate orders may be given 

 to the officers of His Majesty's navy, that the fishermen of the United 



