92 COUNTER CASE OF THE UNITED STATES. 



coast of Newfoundland, France had there an exclusive right. That 

 it was not viewed as such by either the United States or Great 

 Britain, is sufficiently evident from the article in the convention of 

 1818, of which I had the honor to enclose a copy to Your Excellency. 



In concluding this note Mr. Gallatin stated that, after a most atten- 

 tive perusal of the French treaties, he had been unable to discover on 

 what ground the presumed exclusive right was founded, and he post- 

 poned further discussion of the question until " the special treaty 

 stipulations and arguments, by which the claim is intended to be sup- 

 ported, shall have been communicated;" he added, however 



But the United States cannot, in the meanwhile and until the ques- 

 tion shall have been settled, order or advise their citizens to abstain 

 from what they must till then consider as their just right, the liberty 

 to participate in common with France and without disturbing them, 

 in the fisheries on the western coast of Newfoundland, which, par- 

 ticularly in their connection with those of the coast of Labrador, are 

 of primary importance to them. It is therefore my duty to renew 

 my remonstrances against the proceedings of His Majesty's armed 

 ships in that quarter, and to call again Your Excellency's most earnest 

 attention to the subject." 



Viscount de Chateaubriand, replying to Mr. Gallatin, on April 5, 

 1823, stated that he did not question Mr. Gallatin's general observa- 

 tion regarding the temporary duration of the treaties of 1778 and 

 1800, and that he confined himself to remarking that the stipulations 

 of the treaty of 1778, which related to the right of fishing belonging 

 to France, were by no means a concession made to France by the 

 United States, but merely a declaration and recognition by the United 

 States of a previous right, and that this right, which was necessarily 

 independent of the treaties between the United States and France, 

 could by no means fall into desuetude with them. 6 He stated further 

 that the French Charge d'Affaires at Washington had been directed 

 to make explanations on the subject to the Government of the United 

 States, and that it was confidently expected that the steps which he 

 was instructed to take would succeed in removing the misunderstand- 

 ings and inconveniences anticipated by that Government. 



Mr. Gallatin responded on April 15, 1823, that he hoped that the 

 French Charge d'Affaires had been instructed to give some answer to 

 the observations made by Mr. Gallatin on the subject, and to state 

 the grounds on which, independent of the treaty of 1778, the exclu- 

 sive right claimed by France was founded. 



TT. S. Counter-Case Appendix, p. 113. 6 U. S. Counter-Case Appendix, p. 115. 

 U. S. Counter-Case Appendix, p. 116. 



