ARGUMENT OF CHARLES B. WARREN. 1151 



fish on the southern part of the coast of this island, as above described, 

 but not on the western coast. 



" From the preceding statement, it follows that the French have 

 the right of taking and drying fish on the western coast of the Island 

 of Newfoundland. The United States claim for their citizens the 

 right of taking fish on the same coast. But this France denies, say- 

 ing that the right both of taking and drying belongs to her EXCLU- 

 SIVELY. Her cruisers have, accordingly, in 1820 and 1821, ordered 

 off the American fishing vessels whilst within the acknowledged juris- 

 diction of the coast, threatening them with seizure and confiscation 

 in case of refusal." 



And on the top of p. 126 of the same volume I read from the same 

 document prepared by Mr. Rush, and incorporated in the protocols 

 of this conference as follows: 



"The above summary may serve to present the general nature of 

 the question which has arisen between the United States and France 

 respecting fishing rights, and which Great Britain will doubtless de- 

 sire to see settled in a manner satisfactory to the United States. It 

 is obvious that, of Great Britain cannot make good the title which the 

 United States hold under her to take fish on the western coast of New- 

 foundland, it will rest with her to indemnify them for the loss. 

 Another question which it is supposed will also be for her considera- 

 tion is, how far she will deem it proper that France should be allowed 

 to drive or order away the fishermen of the United States from a 

 coast that is clearly within the jurisdiction and sovereignty of Great 

 Britain." 



On p. 129, still reading from the same volume, Mr. Rush stated, 

 in a note to Mr. Canning, dated London, the 3rd May, 1824 : 



"The United States seek only the fair and unmolested enjoyment 

 of the fishing rights which they hold at the hands of Great Britain 

 under the convention of 1818, satisfied that Great Britain, whether 

 as regards the guarantee of those rights, or the maintenance of her 

 own sovereign jurisdiction over this island and its immediate waters, 

 will take such steps as the occasion calls for, and above all, as are ap- 

 propriate to the just and amicable intentions which it may be so con- 

 fidently supposed will animate the Government of his most Christian 

 Majesty, as well as that of His Britannic Majesty, towards the 

 United States, touching the full rights of the latter under the conven- 

 tion aforesaid." 



We are fortunate in having knowledge as to the rights Mr. Rush 

 thought had been renounced by the treaty of 1818, for, turning to the 

 report of Mr. Rush and Mr. Gallatin on p. 306 of the United States 

 Case Appendix, I read: 



" The exception (writing then as to the exception concerning Hud- 

 son's Bay) applies only to the coasts and their harbors, and does not 

 affect the right of fishing in Hudson's Bay beyond three miles from 

 the shores, a right which could not exclusively belong to, or be 

 granted by, any nation." 



92909 S. Doc. 870, 61-3, vol 10 11 



