244 APPENDIX TO BRITISH COUNTER CASE. 



that point. But if I were of their opinion, I would make sure of the 

 treaty now. They were setting everything afloat by another refer- 

 ence, and it was arrant trifling to be still cavilling about a point upon 

 which they had resolved ultimately to yield. 



No. 22. 1814, December 14 ' Extract from American Note to British 

 Plenipotentiaries, after Conference of December 12. 



******* 



To the stipulation now proposed by the British plenipotentiaries 

 as a substitute for the last paragraph of the eighth article, the under- 

 signed cannot accede. 



The proposition made respecting the navigation of the Mississippi, 

 in the alteration first proposed by the British plenipotentiaries to that 

 article, was unexpected. In their note of the 31st of October they 

 had stated that they had brought forward, in their note of the 21st of 

 the same month, all the propositions which they had to offer; and 

 that subject was not mentioned either in this last mentioned note, or 

 in the first conference to which it referred. In order to obviate any 

 difficulty arising from a presumed connection between that subject 

 and that of the boundary proposed by the eighth article, the 

 148 undersigned expressed their willingness to omit the article; 

 altogether. For the purpose of meeting what they believed 

 to be the wishes of the British Government, they proposed the inser- 

 tion of an article which should recognise the right of Great Britain 

 to the navigation of that river, and that of the United States to a 

 liberty hi certain fisheries, which the British Government considered 

 as abrogated by the war. To such an article, which they viewed as 

 merely declaratory, the undersigned had no objection, and have 

 offered to accede. They do not, however, want any new article on 

 either of those subjects; they have offered to be silent with regard to 

 both. To the stipulation now proposed, or to any other, abandoning. 

 or implying the abandonment of any right in the fisheries claimed 

 by the United States, they cannot subscribe. As a stipulation merely 

 that the parties will hereafter negotiate concerning the subjects in 

 question, it appears also unnecessary. Yet to an engagement, couched 

 in general terms, so as to embrace all the subjects of difference not 

 yet adjusted, or so expressed as to imply in no manner whatever an 

 abandonment of any right claimed by the United States, the under- 

 signed are ready to agree. 



No. 23. 1814, December 19: Letter. Earl Bathurst (British Secre- 

 tary of State for the Colonies} to Lord Gambler, Mr. Goulburn, 

 and Dr. Adams. 



(No. 17,) FOREIGN OFFICE, December 19, 1814. 



MY LORD AND GENTLEMEN, I had this morning the honor of receiv- 

 ing your despatch of the 14th, enclosing the note presented on that 

 day, by the Commissioners of the United States, and desiring in- 

 structions thereupon. 



