188 APPENDIX TO BRITISH CASE. 



ing less strong than a positive grant. That all that the words con- 

 tained in the declaration to the treaty can be construed to mean is 

 " that British subjects should never whilst exercising their right, im- 

 properly or injuriously " interrupt by their competition " the enjoy- 

 ment of the French right. Furthermore the United States cannot 

 suppose, that Great Britain by the convention of the October 20, 

 1818, above recited, would ever have agreed that the inhabitants of 

 the United States should have (for a just equivalent contained in the 

 convention) the right or the liberty to take fish on the very coast 

 in question in common with British subjects, but under the natural 

 conviction and belief that British subjects had the liberty of resorting 

 there ; and if they had, the claim of France to drive away the fisher- 

 men of the United States cannot stand. 



The above summary may serve to present the general nature of 

 the question which has arisen between the United States and France 

 respecting fishing rights, and which Great Britain will doubtless 

 desire to see settled in a manner satisfactory to the United States. 

 It is obvious that if Great Britain cannot make good the title which 

 the United States hold under her to take fish on the western coast of 

 Newfoundland, it will rest with her to indemnify them for the loss. 

 Another question which it is supposed will also be for her considera- 

 tion is, how far she will consider it just or proper that France should 

 be allowed to drive or order away vessels of the United States from 

 a coast which is clearly within the jurisdiction and sovereignty of 

 Great Britain. 



August, 1822. 



Since the foregoing summary was drawn up, and which, as will 

 be seen, was in part hypothetical, a correspondence which has taken 

 place beteween the Minister of the United States at Paris, and the 

 French Government, will serve to show more distinctly the grounds 

 upon which France claims to evict the United States from so essen- 

 tial a portion of their fishing rights on the coast of this island. The 

 correspondence consists of four letters from Mr. Gallatin to Viscount 

 Chateaubriand dated January the 22nd, March the 14th, April the 

 2nd, and 15th, 1823; and two from Viscount Chateaubriand to Mr. 

 Gallatin dated February the 28th and April the 5th 1823. 



Copies of these letters are annexed. For the articles of the treaties 

 (no longer however in force) between the United States and France 

 to which Viscount Chateaubriand alludes, see volume 1. of the Laws 

 of the United States, edition of 1815, pages 80 and 131. 



March, 1824. 



No. 58. 1824* May 3: Letter from Mr. Rush (United States Minister 

 at London) to Mr. G. Canning. 



The undersigned Envoy Extraordinary and Minister Plenipoten- 

 tiary from the United States, has received the instructions of his 

 Government to lav before Mr. Canning, His Majesty's Principal 



Secretary of State for Foreign Affairs, the following case. 

 Ill By the first article of the convention between the United 



States and Great Britain, concluded at London on the twen- 



