236 APPENDIX TO BBITISH COUNTER CASE. 



arrangement. If it was agreeable to them, we had no sort of objec- 

 tion to striking out the whole of the eighth article. 



Mr. Goulburn said that as by agreeing to the west line, in the 

 latitude 49, they gave up all claim to any possessions on the Missis- 

 sippij it was necessary to stipulate for the right of navigation on 

 the river, and for access to it through our territories. It was of no 

 use to them at present, but it might eventually be of some advantage 

 to them. It was a provision for futurity rather than for the present 

 time. 



I said that whatever it might be, it was a privilege to which their 

 Government appeared to attach considerable importance, and they 

 could not expect it would be granted by the United States without 

 an equivalent. 



Goulburn said they had no authority to agree to our article, and 

 they must refer it to their Government. The whole treaty must be 

 taken together, and the equivalent must be found in the concessions 

 of Great Britain in the other articles. Dr. Adams expressed the same 

 idea, and Lord Gambier said " Yes, yes, yes." 



Mr. Gallatin told them that there was no concession of Great 

 Britain in any of the other articles. We had insisted upon the mutual 

 restoration of territory, and had invariably declined treating on any 

 other basis. We should by that only get back our own. and we should 

 restore to Great Britain what was hers. As to all the articles for the 

 settlement of boundary, they might be mutually useful, but we had 

 no particular interest in them. We had accepted the mode of settle- 

 ment proposed by Great Britain instead of our own, and we were 

 quite willing, if she desired it, to strike out every one of those articles, 

 but we could not admit this unexpected claim without some 

 equivalent. 



Mr. Goulburn said they had informed us in their first note that 

 the claim would be made. 



Mr. Gallatin replied they had ; but that in their note of 21st Sep- 

 tember, to which we had since been expressly referred by them, as 

 containing the whole of their demands, it was not mentioned. 



143 No. 13. 1814, December 10: Extract from Protocol of 



Conference. 



The British plenipotentiaries then stated that with respect to the 

 8th article, their Government offered in lieu of the American pro- 

 posals to retain the amended article as far as the words, " Stony 

 mountains," and insert the following stipulation : 



His Britannic Majesty agrees to enter into negotiation with the United States 

 of America, respecting the terms, conditions, and regulations under which the 

 inhabitants of the said United States shall have the liberty of taking fish on 

 certain parts of the coast of Newfoundland, and other of His Britannic Majesty's 

 dominions in North America, and of drying and curing fish, in the unsettled 

 bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador ; as 

 stipulated in the latter part of the third article of the treaty of 1783, in con- 

 sideration of a fair equivalent to be agreed upon between His Majesty and the 



