96 COUNTEB CASE OF THE UNITED STATES. 



iects under any limitations prescribed by treaty with other powers, 

 and protection in the exercise of the liberties so limited, in common 

 with British subjects, within the jurisdiction of his Majesty as sov- 

 ereign of the island of Newfoundland; that such declaration and pro- 

 tection, if necessary, might be applied for in the regular diplo- 

 matic course." 



It thus appears that at that time Great Britain distinctly admitted 

 that the American fishing liberty in common with British subjects 

 on the treaty coasts under the treaty of 1818 applied to the same waters 

 to which the fishing liberty enjoyed by British subjects extended 

 on that coast. In reporting this conference to Mr. Adams, Mr. Rush 

 stated that, in response to an inquiry by him, 'Hhe British Plenipo- 

 tentiaries peremptorily asserted a right in Great Britain to partici- 

 pate in the fishery on the coast, and denied in this same tone that the 

 French right was exclusive." Inasmuch, therefore, as in the cir- 

 cumstances of the case the question of fishing in the bays, creeks, and 

 harbors on the west coast of Newfoundland was directly involved, 

 and as Great Britain then, as always, asserted that the British fisher- 

 men were entitled to fish in those waters in common with the French 

 fishermen, it follows that, under the foregoing declaration of the 

 British Commissioners, the American fishing liberty, under the 

 treaty of 1818, was regarded as extending to the bays, creeks, and 

 harbors of that coast in common with the British and French 

 fishermen. So also, on the portion of the American treaty coast on the 

 southern part of Newfoundland and on the Magdalen Islands, to 

 which the French treaty coast did not extend and where British fish- 

 ermen were entitled to fish in all the bays, creeks, and harbors without 

 any question of French treaty rights, it follows, as a matter of course, 

 from the foregoing declaration of the British Commissioners, that the 

 American fishing liberty under the treaty of 1818, was regarded as 

 extending to all the bays, creeks, and harbors of that portion of their 

 treaty coast in common with British subjects. 



Upon the refusal of the British Commissioners to include the 

 question of the French interference with American fishermen among 

 the subjects embraced in the pending negotiations, Mr. Rush, adopt- 

 ing their suggestion that, if necessary, application might be made to 

 the British Government through the regular diplomatic channels for 

 such action as the United States desired, wrote to Mr. George Can- 



U. S. Counter-Case Appendix, p. 126. 



