186 APPENDIX TO BRITISH CASE. 



ment of the fisheries on the northern and western coasts of New- 

 foundland, and under this claim have taken upon themselves to 

 exclude the citizens of the United States from that part of the fishery 

 which is carried on between Cape Ray and the Quirpon Islands, along 

 the whole western coast of Newfoundland, the enjoyment of which in 

 common with His Majesty's subjects was conceded to the United 

 States by the convention of October 1818. 



The American plenipotentiary appears to be of opinion that His 

 Majesty's Government is bound either to make the rights which his 

 country has obtained under that convention, in common with His 

 Majesty's subjects, respected by the French, or in case of the French 

 substantiating their exclusive claim, to make compensation to the 

 United States for the loss of so large a portion of their fishing ground. 



It strikes us on a first view of the case as presented by Mr. Rush 

 that the circumstances are not of a nature to be settled by negotiations 

 between him and us; but we defer submitting any distinct opinion on 

 this point, until we have made enquiry into the state of the regula- 

 tions under which the fishery is practically carried on along the 

 western coast of Newfoundland. 



We have the honour to be, Sir, your most obedient humble 

 servants 



W. HOSKISSON 

 STRATFORD CANNING. 

 To The Right Honble GEORGE CANNING 

 &c &c &c 



No. 57. Statement respecting Newfoundland Fishery, given in by 



Mr. Rush. 



By the 13th article of the treaty of Utrecht of 1713, the sovereignty 

 of the Island of Newfoundland was ceded by France to Great Britain. 

 France being allowed the right of fishing and of drying fish from 

 Cape Bonavista, on the eastern coast, to the place called Point Riche, 

 but on no other parts. 



The provision of this treaty were renewed and confirmed by that 

 of Aix-la-Chapelle of 1748, and also, as far as relates to Xewfound- 

 land and the French fisheries on its coast, by the treaty of Paris of 

 1763. 



By the treaty of peace between the United States and Great Britain 

 of September 3rd 1783, article 3, it is stipulated that " the inhabitants 

 of the United States shall have liberty to take fish of every kind on 

 such part of the coast of Newfoundland as British fishermen shall 

 use, but not to dry or cure the same on that island. 



By the treaty of the same date between Great Britain and France, 

 articles 4th and 5th, the right of Great Britain to this island was 

 confirmed, (the small adjacent islands of St. Pierre and Miquelon 

 being excepted), and the right of the French to fish on a certain part 

 of the eastern coast as above recited, was exchanged for that of fishing 

 on the remainder of the eastern, and on the whole of the western 

 coast, as far down from the north as Cape Ray. See also the decla- 

 ration and counter-declaration of the plenipotentiaries of the two 

 Governments annexed to this treaty, which are material as respects 

 fishing rights. 



