FRANCO-AMERICAN CONTROVERSY, 1822-1824. 123 



a validity and extent greater than they ever could have had whilst 

 existing, the remainder went to assert a p^re-existing and exclusive 

 right in France to fish on this coast as against all the world, and, of 

 course, as against Great Britain. Was Britain, I asked, prepared to 

 acquiesce in this branch of the argument? for, undoubtedly, it was 

 that which it most concerned France to establish, and without which 

 the other branch would be of little avail to her. 



The British plenipotentiaries peremptorily asserted a right in Great 

 Britain to participate in the fishery on the coast, and denied, in this 

 same tone, that the French right was exclusive. But having concluded 

 to consider the subject as no longer amongst those embraced in our 

 negotiations, they declined pursuing any further the discussion of it, 

 leaving me to pursue such other course as I might judge applicable and 

 expedient. My great duty having been to place the subject explicitly 

 before this Government with a view as well to our rights as our 

 remedies, I said to the British plenipotentiaries that the form in 

 which I did so was not material, and that I should therefore adopt, 

 without delay, that of addressing an official representation in regard 

 to the whole subject to his Majesty's principal Secretary of State 

 for Foreign Affairs. I accordingly prepared such a note to Mr. 

 Canning, a copy of which will be found amongst the papers which I 

 transmit, under date of the 3d of May. I do not recapitulate its 

 contents, as they are to the same general effect with the paper which 

 I had previously caused to be annexed to the protocol of the tenth 

 conference. I was careful, in pursuance of your directions, to give 

 it an aspect as friendly towards France as was compatible with duly 

 making known the rights of the United States. I recollect nothing 

 further that I have to communicate in explanation of this subject. 

 The protocols in which it is mentioned are the tenth and the four- 

 teenth. My note to Mr. Canning, considered in the light of a first 

 formal application to this Government, is designed to bring on ex- 

 planations respecting our claim between the Governments of Britain 

 and France. These I must hope will take place, and eventuate in a 

 maner satisfactory to the United States. I mentioned to the British 

 plenipotentiaries the strong intimation given to Mr. Gallatin by the 

 French Minister of Marine, that as France had, according to her 

 own judgment, the exclusive rights of fishery on the coast in dis- 

 pute, so she ought to expel from it the fishing vessels of any nation. 

 But I abstained from inserting this intimation in my note to Mr. 

 Canning. I did no more than advert to the penance of seizure di- 

 rected by France against our vessels. 



******* 



RICHARD RUSH. 



[Annex 1.] 



Protocol of the tenth conference of the American and British pleni- 

 potentiaries, held at the Board of Trade, March 29, 1824. 



Present: Mr. Rush, Mr. Huskisson, and Mr. Stratford Canning. 



The protocol of the preceding conference was read over and signed. 



The American plenipotentiary entered upon the subject of the 

 Newfoundland fishery. He stated at length the circumstances con- 

 stituting the case which his Government thought it advisable to bring 

 under the view of the British Government, and concluded by giving 



