84 COUNTER CASE OF THE UNITED STATES. 



The English Government, in a note dated the 24th October, de- 

 clined to concede this exclusive right. 



They objected to an Article in the Preliminaries of Peace which, 

 without actually mentioning an exclusive right of fishery, was ex- 

 plained as intended to establish that right, and they only agreed to 

 the insertion of an Article in the following words : 



Article V. " Les Pescheurs Francois jouiront de la pesche qui leur 

 est assignee par 1' Article precedent, comme ils ont droit d'en jouir 

 en vertu du Traite d'Utrecht." 



At the same time, however, Mr. Fitzherbert, the British Plenipo- 

 tentiary, delivered to the French Government a note in the terms of 

 the eventual Declaration of the 3d September, 1783, promising that 

 His Britannic Majesty would take the most positive measures " pour 

 prevenir que ses sujets ne troublent en aucune maniere la peche des 

 Francois pendant 1'exercise temporaire qui leur est accorde sur les 

 cotes de 1'Ile de Terre-Neuve." 6 



The words " par leur concurrence " were subsequently added to 

 this Declaration, at the instance of M. de Vergennes, in the course 

 of the negotiations for the Definitive Treaty of Peace. 



On the 18th June, 1783, the British Ambassador sent home the 

 draft of the French Counter-Declaration, which contained these 

 words : " Quant a la peche exclusive sur les cotes de Terre-Neuve qui 

 a ete 1'objet des nouveaux arrangements dont les deux Souverains 

 sont convenus sur cette matiere elle est suffisament exprimee par 

 1'Article du Traite de Paix signe aujourd'hui, et par la Declaration 

 remise egalement ce jourd'hui par 1'Ambassadeur et Plenipotentiaire 

 de Sa Majeste Britannique, et Sa Majeste declare qu'elle est pleine- 

 ment satisf aite a cet egard." 



The Duke of Manchester was thereupon instructed, if he could 

 not obtain the omission of the word " exclusive " to make another 

 Declaration upon the French Counter-Declaration, protesting that 

 the King of England did not mean to grant exclusive fishery any 

 otherwise than by ordering his subjects not to molest J>y concur- 

 rence, &c. 



The Duke reported that the French Minister had been persuaded 

 to omit the word " exclusive " in the Counter-Declaration, which 

 would render another Declaration from the British Plenipotentiary 

 unnecessary.* 



In these negotiations Great Britain not only denied that French 

 fishermen had previously been entitled to an exclusive right of fishing 



Translation. Article V. The French fishermen shall enjoy the fishery that 

 is assigned to them by the foregoing article as they Tiave the right to enjoy It 

 under the Treaty of Utrecht. 



6 Translation to prevent his subjects from molesting in any way the fishery 

 of the French during the temporary exercise which is granted them on the 

 coasts of the island of Newfoundland. 



Translation. As to the exclusive fishery on the Newfoundland Coasts which 

 was made the object of the new arrangements on which the two Sovereigns are 

 agreed in this matter it is sufficiently expressed by the Article of the Treaty of 

 Peace signed this day and by the Declaration also handed this day by the 

 Ambassador and Plenipotentiary of His Britannic Majesty and His Majesty 

 declared he Is fully satisfied in this respect. 



* U. S. Case Appendix, p. 1094. 



