90 COUNTER CASE OF THE UNITED STATES. 



" fishing there or any place on the shore of Newfoundland between 

 Cape Ray and the Carpoon [Quirpon] Islands." 



This situation does not appear to have been called to the attention 

 of the Government of the United States until the spring of 1822, 

 when, in anticipation of further interference by the French naval 

 officers with the American fishing vessels on the west coast of New- 

 foundland during the approaching season, a number of the American 

 fishermen in March of that year submitted to the Secretary of State 

 depositions, setting forth the occurences of the two preceding years, 

 as above recited, with a view to having their rights under the treaty 

 of 1818 determined. 



Mr. Adams, the Secretary of State, promptly wrote to Mr. Gallatin, 

 the American Minister at Paris, on June 28, 1822, enclosing copies 

 of the depositions referred to, from which, he said, " you will perceive 

 that in the years 1820 and 1821 several fishing vessels of the United 

 States were ordered away from their fishing stations on the coast of 

 Newfoundland, within the limits secured to us by the Convention of 

 20 Octr. 1818, by armed vessels of France, and upon threat of seizure." 

 He accordingly instructed Mr. Gallatin that, " as the commanders of 

 those armed vessels no doubt did not correctly understand their orders 

 from their Government, you are requested to make such a representa- 

 tion to the French Government, as may induce them to rectify those 

 orders for the future." 6 



Pursuant to these instructions Mr. Gallatin informed the French 

 Government of the situation, and of the views of the Government of 

 the United States in regard to it, requesting that the orders issued to 

 the French naval officers should be rectified for the future. 6 In the 

 correspondence which ensued, the French Government took the posi- 

 tion that by the treaty of 1778 with France, the United States pledged 

 itself not to disturb French fishermen in the exercise of their rights 

 on the western coast of Newfoundland, and declared that the enjoy- 

 ment of the French rights there would be regarded as perpetual and 

 exclusive, and that so long as this pledge continued in force, it should 

 be respected and should be the basis of the instructions given by either 

 Government to their fishermen and to the commanders of their naval 

 vessels. 



U. S. Counter-Case Appendix, pp. 105, 106. 

 6 U. S. Counter-Case Appendix, p. 107. 

 * U. S. Counter-Case Appendix, p. 110. 



