FRANCO- AMERICAN CONTROVERSY, 1822-1824. -117 



supposition that the treaty of 1778 was applicable to the whole west- 

 ern coast. 



It was not denied that if France had an exclusive right to the 

 fisheries in question prior to and independent of the treaty of 1778, 

 that right is still in full force : but I have contended that the stipula- 

 tion then entered into was not renewed by the convention of 1800, 

 and that, if founded in error, the recognition of such right by the 

 treaty abovementioned was at this time no more binding on the 

 United States than any of its other conditions. I regret that my 

 observations in that respect should have failed in producing any 

 effect ; but it is hoped that the Charge d'Affaires of France at Wash- 

 ington has been instructed to give some answer to them and to state 

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

 clusive right claimed by her is founded. 



That conciliatory means should be found which may be consistent 

 with the exercise of its rights, is the earnest desire of the Govern- 

 ment of the United States, as well as of that of France. It has 

 already been explicitly stated that the forcible means to which she 

 has resorted are an aggression on those rights. And she will neither 

 commit her own or injure the interests of her subjects, in abstaining, 

 with every necessary reservation, from similar proceedings, until a 

 satisfactory arrangement shall have taken place. 

 I request Your Excellency to accept &c. 



ALBERT GALLATIN. 



Mr. Goillatin to Mr. Adams. 



PARIS, 17 th April 1823. 



SIR: I had the honor to receive your dispatch No. 55. The in- 

 struction of the President on the subject of the Newfoundland fish- 

 eries had been anticipated ; but I took that opportunity of repeating 

 my application for an answer to my letter of the 14th of March, copy 

 of which has already been transmitted. Copies of the short letter 

 containing that application, of Viscount de Chateaubriand's answer 

 dated the 5th, and of my reply of the 15th instant, are enclosed. 

 Before writing this last, I had a conversation with the minister of 

 marine, to whom I knew the subject to have been referred. He gave 

 it as his opinion, in explicit terms, that France being in possession of 

 the exclusive right of fishing on the coast in question, inasmuch as 

 she had not before the last occurrences been disturbed in it, by the 

 fishermen either of England or America, she had the right to retain 

 such possession and ought to continue to exercise that right by expel- 

 ling any vessels that should attempt to participate in the fisheries. 

 Whether Viscount de Chateaubriand and the other ministers will 

 agree in that opinion I have not yet been able to ascertain. The trans- 

 fer of the negociation to Washington is, I fear, only a pretense to 

 avoid a discussion on the main question. And you will perceive that, 

 in the same spirit, Viscount de Chateaubriand, instead of answering 

 the arguments contained in my letter of the 14th of March, has 

 thought proper simply to say that my observations had not changed 

 his view of the subject. 



I have the honor to be, with great respect, Sir, 

 Your most obedient and very humble servant, 



ALBERT GALLATIN. 



