DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 189 



tieth day of October 1818, it is, amongst other things, provided, that 

 the "inhabitants of the said States shall have, for ever, in common 

 with the subjects of His Britannic Majesty, the liberty to take fish of 

 every kind on that part of the southern coast of Newfoundland, which 

 extends from Cape Kay to the Rameau Islands, on the western and 

 northern coasts or Newfoundland from the said Cape Ray to the Quir- 

 pon Islands, on the shores of the Magdalen Islands, and also on the 

 coasts, bays, harbours, and creeks, from Mount Joly on the southern 

 coast of Labrador to and through the Straits of Belleisle, and thence 

 northwardly indefinitely along that coast." 



After the ratification of the above convention, the fishermen of 

 the United States proceeded, according to its stipulations to take fish 

 on the western and northern coast of Newfoundland between the lim- 

 its of Cape Ray and the Quirpon Islands; but, in the course of the 

 years 1820 and 1821 whilst pursuing in a regular manner their right 

 to fish, within these limits, and being also, within the strictest terri- 

 torial jurisdiction of the island, these fishermen found themselves 

 ordered away by the commanders of the armed vessels of France, on 

 pain of seizure and confiscation of their fishing vessels. 



This order was afterwards ascertained to rest upon a claim set up 

 by France to an exclusive fishery upon that part of the coast of the 

 island, a claim conceived by the Government of the United States to 

 be without just foundation, and in violation of the rights of the citi- 

 zens of the United States, as settled by the foregoing article of the 

 convention of 1818. 



The Government of the United [States] forebore at first to make 

 any representation of the above occurrence, so injurious to the inter- 

 ests as well as rights of their citizens, to the Government of His 

 Britannic Majesty, cherishing the hope that the difficulty which ap- 

 peared to have arisen would be removed on a fit representation to the 

 Court of France. A correspondence accordingly took place upon the 

 subject, between the American plenipotentiary at Paris, and the Min- 

 ister of Foreign Affairs of His Most Christian Majesty, which, has 

 not terminated in a manner satisfactory to the Government of the 

 United States, it appearing from it that France distinctly asserts an 

 exclusive right of fishing within the limits in question. Copies of 

 this correspondence, consisting of three letters from Mr. Gallatin 

 dated the 22nd of January the 14th of March and the 2nd of April 

 1823, and two letters from Viscount Chateaubriand dated February 

 the 28th and April the 5th of the same year, the undersigned has the 

 honour to inclose for the more full information of Mr. Canning. It 

 will be seen that the United States claim for their citizens the right 

 to take fish only, not to cure and dry the same, within the limits from 

 which France would interdict them, and that their claim is in common 

 with the subjects and fishermen of His Britannic Majesty. The under- 

 signed has not been furnished with any affidavits or other formal 

 proofs to substantiate the fact of the fishing vessels of the United 

 States having been ordered away by French vessels of war as above 

 mentioned, since it will be seen by the notes of the French Minister 

 of State that no question is raised upon that point, but that the fact 

 itself is justified under a claim of right, thereby rendering super- 

 fluous all extrinsic evidence of its existence. The grounds of justi- 

 fication, assumed by France, are believed by the Government of the 

 United States to be satisfactorily refuted by their plenipotentiary, 



