114 CORRESPONDENCE, ETC., 



importance to them. It is therefore my duty to renew my remon- 

 strances 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. 



Whatever may be the extent of the rights of France on that coast, 

 whether exclusive or not, they are only those of taking and drying 

 fish. The sovereignty of the island of Newfoundland, on which She 

 had till then possessions, was expressly ceded by the treaty of Utrecht 

 to Great Britain, subject to no other reservation whatever but that 

 of fishing as above mentioned on part of the coast. The jurisdiction 

 and all the other rights of sovereignty remained with and belong to 

 Great Britain and not to France. She has not therefore that of 

 doing herself, on that coast, what may be termed, summary justice, 

 by seizing or driving away vessels of another nation, even if these 

 should in her opinion infringe her rights. Such acts of authority, 

 which may be lawful when performed within the acknowledged 

 jurisdiction, become acts of aggression when committed either on the 

 high seas or any where else without the jurisdiction of the Power that 

 permits them. No Government has more strenuously contended for 

 that principle than that of France: none has been more justly tena- 

 cious of the rights of her merchant-ships, or has more efficaciously 

 protected them and their flag against any supposed aggression of that 

 nature. I may therefore appeal with confidence to Your Excellency, 

 when, reserving entire the right to the indemnities which may be 

 justly claimed for the injuries already sustained on that account, I 

 beg leave to request that positive and immediate orders may be given 

 to the officers of His Majesty's navy that the fishermen of the United 

 States shall not be disturbed hereafter nor until an amicable arrange- 

 ment shall have been made on that subject. 



I request Your Excellency to accept &c. 



ALBERT GALLATIN. 



Mr. Gallatin to Viscount de Chateaubriand. 



PARIS 2d April 1823. 



SIR: The last dispatches received from my Government contain 

 renewed and special instructions, reminding me that the fishing sea- 

 son for the present year is rapidly approaching, and that the pro- 

 ceedings of the commanders of French armed vessels in driving the 

 American fishermen from a coast, the sovereignty of which belongs to 

 another Power, and over which France has no jurisdiction, are an 

 aggression, which cannot, after having been taken into serious con- 

 sideration, be again renewed under the sanction of His Majesty's 

 Government. 



Having already anticipated those instructions, I can only call Your 

 Excellency's attention to my letter of the 14th of March, and request 

 the favor of an answer which I may be enabled to transmit to my 

 Government. 



I request Your Excellency to accept &c. 



ALBERT GALLATIN. 



