2244 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



otherwise; it being quite clear that, by the law of nations, the sub- 

 jects of a foreign State have no right to fish within the maritime 

 jurisdiction, much less to land on the coasts belonging to His Bri- 

 tannic Majesty, without an express permission to that effect. 



In the present state of the discussions, I abstain from entering 

 upon the commercial relations between the two States, not wishing to 

 clog the question of peace with arrangements which might protract 

 your discussions. It may be proper that you should keep in mind, 

 in the wording of any article for the termination of hostilities, so to 

 frame it as to make them cease and determine, not upon the signature 

 of the treaty, but upon its actual acceptance and ratification, without 

 alteration, by the American Government. The difficulties which 

 have arisen with that Government on former occasions will suffi- 

 ciently explain the necessity of this precaution. 



As soon as you have ascertained the extent and nature of the 

 powers with which the American Commissioners are furnished, and 

 have reported to me the spirit in which they appear to you disposed 

 to conduct the negotiation, you shall be furnished, without loss of 

 time, with more precise instructions for the direction of your con- 

 duct. 



I have, &c, CASTLEREAGH. 



Lord Castlereagh to the Commissioners at Ghent. 



FOREIGN OFFICE, August H, 1814- 



MY LORD AND GENTLEMEN, Your despatch, with its enclosures, of 

 the 9th, from Ghent, has been received and laid before the Prince 

 Regent. It appears from the communications you have had with 

 the American Commissioners, that, upon two out of the four points 

 referred to in your instructions, namely, upon the second and fourth, 

 the American negotiators have received no instructions from their 

 Government, and that they have, on their part, suggested three addi- 

 tional topics for discussion. Upon the point of the fisheries, it 

 does not clearly appear whether, in the absence of instructions, they 

 consider themselves authorised, supposing all other questions ar- 

 ranged, to sign a treaty of peace, upon me distinct understanding 

 that the right of fishing and drying within the British jurisdiction 

 does not thereby of right revive. Their mode of receiving your 

 remarks on this head seems to countenance such an interpretation 

 of their meaning; but you will feel the importance of not leaving 



the matter in doubt. 



1357 Upon the question of the Indians, there is also room for 

 furtner explanation. You will observe that this subject, in 

 your instructions, divides itself into two propositions: (1) the In- 

 dians being included in the peace; (2) such an arrangement of limits, 

 as, whilst it secures to the Indians the benefit of the peace, may tend 

 the better to preserve hereafter the relations of amity between the 

 British and American Governments. 



On both these points it would seem that the American Commis- 

 sioners are equally unauthorised to conclude ; and, although the sec- 

 ond point might possibly not have been foreseen, yet it appears 

 unaccountable, upon the first, that the American Government should 



