6 COUNTER-CASE OF GREAT BRITAIN. 



His Majesty's Government further contend that the whole of the 

 United States Case as to the treaty of 1783 is irrelevant. Whatever 

 were the fishing liberties conceded in 1783, they were terminated by 

 Great Britain on the occasion of the war in 1812, and the concessions 

 of 1818 were a fresh grant tnd not a renewal of those of 1783. 



PROCEEDINGS IN CONGRESS. 1779-1782. 



Reviewing the proceedings of the United States Congress prior to 

 the negotiations of 1782, it will be observed that in the first instance 

 a committee reported (23rd February, 1779) that one of the ultimata 

 to be insisted on should be (App., p. 10) 



That a right of fishing and curing fish on the banks and coasts of 

 the Island of Newfoundland, equally with the subjects of France and 

 Great Britain, be reserved, acknowledged, and ratified to the subjects 

 of the United States. 



This very limited demand was, when Congress resolved itself 

 into Committee of the Whole, expanded to the following (App., 

 p. 12) :- 



9 That a common right in these States to fish on the coasts, 



bays and banks of Nova Scotia, banks of Newfoundland, and 

 gulf of St. Lawrence, coast of Labrador and straits of Belleisle, be 

 acknowledged, and in case of refusal, that the war be continued, unless 

 the circumstances of our Allies shall be such as to render them utterly 

 unable to assist in the prosecution of the war ; in which case, as ample 

 privileges in the fishery be insisted on as can possibly be obtained : 



That in case Great Britain should not be prevailed upon either to 

 cede or declare Nova Scotia independent, the privilege of curing fish 

 on the shores and in the harbours of Nova Scotia be required. 



In Congress itself the demand was (22nd March) stated as follows 

 (App., p. 14) : 



That an acknowledgment be made by Great Britain of a common 

 right in these states to fish on the coasts, bays and banks of Nova 

 Scotia, the banks of Newfoundland, and gulf of St. Lawrence, the 

 coasts of Labrador and straits of Belleisle. Provided always, that 

 the allies of these states shall be in circumstances to support them in 

 carrying on the war for such acknowledgment ; but that in no case, by 

 any treaty of peace, the common right of fishing as above described 

 be given up. 



For this resolution, Congress, two days afterwards (24th March), 

 substituted the following (App., p. 14) : 



That the right of fishing on the coasts and banks of North America 

 be reserved to the United States as fully as they enjoyed the same 

 when subject to the King of Great Britain, excepting always what 

 shall have been excepted by the treaty of Paris between France and 

 the United States the whole to be explained by the treaties of 

 Utrecht and Paris with Great Britain, and of Paris with the United 

 States of North America. 



