DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 285 



but he seemed to apprehend that the Treaty of 1783 and the Con- 

 vention of 1818 "taken together" would qualify the principle laid 

 down by Kent as regarded the present, question between Great Brit- 

 ain and the United States. I confess I was at a loss to seize the drift 

 of his argument in this respect, for he did not contest the correct- 

 ness of my remark that the rights in question, whatever they might 

 be, now rested solely on the Convention of 1818. 



With regard to the instructions given to Commodore Perry, 

 alluded to in my despatch No. 107 of the 2nd instant, the President 

 remarked that he had been careful to draw them up in such a manner 

 as to avoid the possibility of any collision between the United States 

 and British naval forces. 



It was understood and agreed between Mr. Fillmore and myself 

 that our conversations on the subject of the construction of the 

 Convention of 1818 were to be considered as confidential and 

 unofficial. 



I stated on my part, that I had as yet received no further 

 169 instructions from Her Majesty's Government upon the sub- 

 ject of the fisheries, than to make known to the United States 

 the intention of Her Majesty's Government to take measures to pro- 

 tect the rights secured to British subjects in regard to thm by the 

 Convention of 1818, and this I had done by my note of the 5th 

 ultimo. It was true I presumed that the rights so secured were 

 properly defined by the opinion of the Law Officers of the CroAvn 

 above alluded to, but this opinion had never been brought officially 

 under my cognizance, nor had I been instructed to insist upon it on 

 the present occasion. Her Majesty's Government would therefore 

 stand entirely uncommitted by any remarks of mine on the subject. 



The President entirely concurred in the correctness of my remark 

 and observed on his own part that the Government of the United 

 States having hitherto done no more than simply acknowledge the 

 receipt of my communication, was not to be considered as having, 

 as he expressed it, yet " made any point " on the matter which called 

 for explanation on the part of Her Majesty's Government; but he 

 added that it would always give him pleasure to discuss the question 

 with me in all its bearings, extra-officilly, with a view to prevent 

 the adoption of any precipitate step on either side which might in- 

 volve the two Governments in unfriendly or disagreeable official 

 correspondence. 



In alluding to the possibility of settling the present question of 

 the fisheries by a negotiation or by legislation embracing the whole 

 subject of reciprocity of trade with the British North American 

 Colonies, Mr. Fillmore seemed to fear that the excitement created 

 in the country and which he was sorry to see was participated in by 

 the Legislature, had exercised a very unfavourable influence upon 

 this mode of settling the question. He hoped however that even were 

 it found impossible to combine the settlement of reciprocity of trade 

 with that of the present difference about the fisheries, means might 

 nevertheless be found of arranging the latter independent!}' ; and 

 he mentioned arbitration by a third Power as one of these means in 

 case Great Britain and the United States found a difficulty in agree- 

 ing as to the precise signification of the Convention of 1818. 



The President having in our conversation alluded to the supposed 

 uninterrupted indulgence which had been for many years practically 



